Old Bailey Proceedings, 30th November 1808.
Reference Number: 18081130
Reference Number: f18081130-1

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 30th of NOVEMBER, 1808, and following Days,

BEING THE FIRST SESSION IN THE MAYORALTY OF The Right Honourable CHARLES FLOWER , 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 THE AUTHORITY OF THE CORPORATION OF THE CITY OF LONDON) By R. BUTTERS, No. 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 CHARLES FLOWER , Lord Mayor of the City of London; Sir Nash Grose , knt. One of the Justices of His Majesty's Court of King's Bench; Sir Robert Graham , knt. One of the Barons of His Majesty's Court of Exchequer; John Ansley , esq.; Sir John Anderson , bart.; Sir Charles Price , bart.; John Silvester , esq. Recorder of the said City; Thomas Smith , esq.; George Scholey , esq.; Christopher Smith , esq.; 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.

Thomas Bennington

James Houghton

James Stainton

Jacob Cranshaw

James Ashley

Richard Killeby

Samuel Savage

Charles Blyth

James Smith

Thomas Walton

Richard Dean

John Ridley .

First Middlesex Jury.

John Norton

John Walton

John Barrett

James David Bannister

William Sedwick

George Dawes

John Shirley

William Young

Thomas Kennedy

James Johnson

Benjamin Montague

Richard Cox .

Second Middlesex Jury.

John Murphy

Samuel Holman

John Corderoy

Benjamin Taylor

William Price

Richard Tovey

Frederick Strude

Thomas Barrett

Henry Waller

James Hanson

Richard Monday

William Fell .

Reference Number: t18081130-1

1. WILLIAM CLARK and JAMES HANKEY were indicted for feloniously stealing on the 3d of October , a copper fixture, value 20 s. the property of Robert Harvey Gedge , affixed to his house .

ROBERT HARVEY GEDGE . I live at 135, Sloane street.

Q. Have you a house any where in the parish of St. Anns, Westminster - A. I have; No 27, Soho square , the corner of Greek street; it was empty at that time. The house came into my possession on the 29th of September; I saw the copper between that and the 3d of October. On the 3d of October, in the morning, some of the witnesses came to me and said some men had broke into the house.

Q. When you saw the copper was it affixed - A.It was affixed. I saw the copper afterwards at Marlborough street; I have no doubt it is mine.

Mr. Gurney. The house is your own, I understand - A. Yes.

JAMES PACKER . I am a carpenter. On the 3d of October, about half past six in the morning, I was going to my work, I met the prisoner Hankey with the copper on his shoulder in Greek street; I did not take any particular notice then, but went on to my work in Soho square; I saw the prisoner Clark come out of a house at the corner of Greek street; he shut the door after him and spoke to another man, and they both went down Bateman's buildings; that is the turning after Greek street.

Q. That other man is not here - A. No; he was here last sessions. I thought they had no business in the house; I went on to my work, I met the witness Hathaway; from his information we followed them down Greek street, and just as we got to Queen street the other two men came up.

Q. What two other men came up - A. Clark and Procter. We proceeded to follow Hankey, that had the copper on his shoulder, into Litchfield street; there he knocked at the door and took the copper in.

Q. What time in the morning might that be - A. About twenty minutes to seven. I was about half a dozen doors off when he knocked at the door; as soon as I got up to the door he was coming out again without the copper; I met him at the door and laid hold of his collar; I told him that he was my prisoner; he asked me what for.

Q. Are you an officer - A. No. He immediately up with his fist and struck me on my breast, gave himself a wrench and got away from me, and ran into Grafton street, where Clark and Procter was standing; he ran between them, made a kind of a stop. Clark said something to him and he run off again directly into West street, into Castle street, and into the Seven Dials, where there is a great many turnings, there I lost him: I turned back to the place where the copper was left, I met Procter there; directly he saw me he ran away: I ran after him with the cry of stop thief; he was stopped in Newport market; I took him before the magistrate; he was tried last sessions.

JAMES HATHAWAY . On the 3d of October, at half past six in the morning, I was going to work, I saw two men lurking about at the house, 27, Soho square, the corner of Greek street; I looked at them and I saw one of them go up to the door; a working man was coming by; he came away; I went up to the rails of Soho square, and I saw the prisoner Hankey go up to the door again of No. 27; the door was opened and he went in. I ran to our shop, which was about an hundred yards from the square, and told the men what I saw; they did not come with me; I ran back again, and as soon as I got in the square I saw Hankey come out of No. 27, with the copper on his shoulder; Clark came out afterwards and pulled the door after him and was talking with Procter, that was with Hankey; they all went down Bateman's buildings, that come, into Greek street. I met with the witness Packer; I told him what I saw, and we followed the man with the copper.

Q. Who had the copper on his shoulder then - A. Hankey; and the other two men were behind; I followed them to Mr. Sholey's, 27, Litchfield street; he knocked at the door; the door was opened, and he went in. I turned my head round to look for the other two prisoners; Hankey came out and ran away; I ran after him and lost sight of him.

Q. Are you sure that Hankey was the man - A. No, I am not sure that he was the man, because I was at a distance from him; it was something of the same sized man; he has a different dress on now.

Q. Look at him now - take your time - A. I am almost sure it is the same man. We turned back and met with Procter; he saw us and ran away; we ran after him and cried out stop thief; he was stopped by the butchers in Newport market.

Q. That is the man that was tried - A. Yes.

Q. What became of the copper - A. Packer fitted it in the place where it was taken from.

Cross-examined by Mr. Gurney. Neither of the three men that you have been speaking to had you ever seen before - A. Procter and Clark I have seen before, and knew them.

Q. Hankey you had never seen before - A. No. I saw him at the door with Procter; I saw his face plain.

Q. How far were you from him - A. About twelve yards.

Q. When Hankey was taken to the police office, you was taken there to identify him - did not you tell the magistrate that you by no means could say it was the man - A. I told the magistrate I could not positively swear to him; but now I see him I know the man.

Q. Then your memory is helped by a longer time - A. Yes.

Q. Though you now attempt to say he is the man, yet a quarter of an hour ago you could not - A. I can swear he is the man.

Q. You indicted this man along with Procter, who was tried last sessions - A. He was indicted.

Q. You had not seen him from the time he was engaged carrying the copper, when you before the grand jury - A. No.

Q. You did not know whether his name was Hankey or Smith - A. No.

Q. to Packer. What became of the copper - A. After I took Procter to the watchhouse, I went back to Mr. Sholey the coppersmith, and told them that they had got a copper; I went into their work shop, and there were three coppers; there I pointed to one, and said a man brought that one in this morning; I knew it to be the copper that Hankey took in; I put my name on the copper, and afterwards I fitted it to the place where it was taken from.

Q. Then this copper that you found on Hankey's shoulder, you took and fitted to where - A. No. 27, Soho square, the corner of Greek street.

Q. Whose house was that - A. Mr. Gedge's.

Q. You are very sure then that the copper you found there you had seen on Hankey's shoulder, and that it fitted that place. - A. Yes.

Mr. Gurney. You had never seen any of the men before - A. I knew Clark; the other men were perfect strangers to me.

Q. You did not go into Mr. Sholey's where you found the copper, till after you took Procter to the watchhouse - A. No.

Q. How long did that take place - A. About a quarter of an hour.

Q. Therefore what they do at Mr. Sholey's place you do not know, you found a copper there - A. Yes, and two others.

Q. Is Mr. Sholey here - A. No.

Q. to Gedge. Is your house the corner of Greek street in Soho square - A. It is No. 27, Soho square; the corner of Greek street.

CLARK, GUILTY , aged 19.

HANKEY, GUILTY , aged 24.

Transported for Seven Years .

First Middlesex jury, before Mr. justice Grose.

Reference Number: t18081130-2

2. HENRY WESTON was indicted for feloniously breaking and entering the dwelling house of Elizabeth Shaw , widow , Catherine Marr , spinster, and others being in the said dwelling house, about the hour of one in the afternoon, on the 22d of October , and feloniously stealing therein, ten half guineas, ninety nine seven shilling pieces, four crown pieces, four half crown pieces, four dollars, sixty shillings, a bank note, value 20 l. a bank note, value 10 l. and five bank notes, value 1 l. each, the property of Elizabeth Shaw, widow .

ELIZABETH SHAW . I live at No. 3, Newton's court, Round court, in the Strand , in the parish of St. Martin in the Fields. On the 22nd of October, I went out between the hours of twelve and one; I left Elizabeth Steward in the house, Catherine Marr , Mary Mead , and Caroline - , I do not know her maiden name; I came home about a quarter after one. I found the parlour windows broken and the parlour door broken open; three big drawers were taken out of the double chest of drawers, and a small drawer at the top of the drawers, were there was seven ninety pounds, eight shillings; it was in a purple leather glove.

Q. Was this your own money - A. Yes, my own money.

Q. Are you a widow - A. No; I have been married three weeks last Sunday.

Q. Were you a widow then - A. I was never married before; I was a single woman; my name was Elizabeth Shaw, it is now Elizabeth Herdsfield.

NOT GUILTY .

First Middlesex jury, before Mr. Baron Graham .

Reference Number: t18081130-3

3. JAMES GRAY was indicted for feloniously stealing on the 10th of October , in the dwelling house of Thomas Leighton , two bank notes, value 50 l. each, and ten bank notes, value 1 l. each, the property of James Walker .

The prosecutor not appearing in court, the prisoner was

ACQUITTED .

First Middlesex jury, before Mr. justice Grose.

Reference Number: t18081130-4

4. FRANCIS MILLER was indicted for that he on the 11th of November , feloniously and without lawful cause, was at large in this kingdom, before the expiration of the term for which he had been ordered to be transported .

GEORGE DONALDSON . Q. What is the paper you have in your hand - A. It is a certificate from Mr. Shelton of the conviction of the prisoner.

(The copy of the record of the conviction of the prisoner read.)

WILLIAM HANSON. Q. Do you know the prisoner at the bar - A. Perfectly well.

Q. Were you present in court when the prisoner was tried - A. I was; I put him to the bar at the same time.

Q. You were present when the jury found their verdict - A. Yes; he was found guilty and sentenced for seven years transportation in January sessions last. He is the same person. On the 10th of March he had a conditional pardon to go for a soldier ; I saw the pardon, and I saw him delivered to go with the soldiers to go to the Isle of Wight.

Q. Was it a verbal pardon - A. No. I suppose Mr. Newman has it in his possession. It was a formal pardon, drawn up upon condition of his going for a soldier.

Q. to prisoner. Did you enlist - A. Yes.

Q. I suppose you ran away from your regiment - A. Yes.

NOT GUILTY .

First Middlesex jury, before Mr. Baron Graham .

Reference Number: t18081130-5

5. MARY SHARP was indicted for feloniously stealing on the 28th of November , ten yards of printed cotton, value 16 s. the property of William Godwin , privately in his shop .

CATHERINE RION . I am a relation of Mr. William Goodwin; he has two shops in Leicester square , St. Ann's, Westminster, No. 9 and No. 10; I manage the business of No. 9, Mr. Godwin is at No. 10; the prisoner came into the shop last Monday afternoon when we were very busy; she said she wanted a piece of calico; being busy with other people I did not attend to her; when the people were all out of the shop I shewed her some calico; she said it was too cheap to be good, and went out of the shop; as she was going out of the shop, I perceived a bulk of something in her gown; I sent Edmund Conner after her; he brought her back; she was searched by the constable.

Q. Was any thing found upon her - A. Nothing but this print.

Q. Did you see the print found upon her - A. No. After she came back the print was produced; this is the print that was brought back with her; it is my

master's property; I know it well by the private mark, N. S.

Q. Had you seen that print in the course of the day - A. Yes; I took it down while she was in the shop to shew another person, about ten minutes before she left the shop.

Q. Are you sure that you did not sell it to her - A. I sold her nothing, and there was only Edmund Conner and myself serving in the shop.

EDMUND CONNER . Q. Do you belong to this shop - A. Yes.

Q. Look at that print - did you sell the young woman that print - A. No, I sold her nothing; I saw her in the shop.

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

Q.You was the person that followed the prisoner - A. Yes; I overtook her and touched her upon the shoulder; I said you must come back; she said what for, do you want this; she took out this piece of print. There were several customers in the shop when she was there. I had no suspicion of her.

Q. to Mrs. Rion. When did you begin to suspect the prisoner - A. When she was turning the corner of the door, then I was convinced she had something.

Q. Was she near the print - A. She was close to the woman that I was shewing the print to.

Prisoner's Defence. I had formerly lived in this house, and I went in to enquire for Mr. Nalder's people; they told me Mr. Chamberlain was dead: I did not go into the shop to buy any thing; I went out of doors; I was going up Leicester street, going home; just at the corner of the street I saw this piece of print; there was a woman went before me. I naturally, as I saw the print, took it up and put it in my gown; somebody tapped me on the shoulder and said you have something that is not your own; I said, have I? take it.

GUILTY , aged 49.

Of stealing, but not privately in the shop.

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

First Middlesex jury, before Mr. justice Grose.

Reference Number: t18081130-6

6. JAMES BALL , alias WHITE , was indicted for feloniously stealing on the 18th of November , a sack, value 2 s. a barrel, value 10 s. and nine gallons of beer, value 9 s. the property of Crotchrode Whiffing .

PETER MASON . I am an officer belonging to Worship street office. On the 18th of this month, between six and seven o'clock in the evening, I was in the Commercial Road; I saw the prisoner with a knot on his head, with a cask and a sack upon the knot; he was leaning back; resting it on the rail that parts the road from the field; I asked him what he had got there carrying; he said painter's oil, you may see by my coat that I am a painter; he said he brought it from an oil shop farther down the road, and he was going to carry it to his master, a painter, in the Borough; I asked him if he had brought an order from his master for it, or whether he had a bill of parcels; he said, neither; I told him he must go with me to the next public house, which was the half way house, that I might see what it was; we took him in there, took it off his head and set it on the floor; it began to work; Barnard Gleed was with me, and two more. I told him it was beer, not oil; he said then it was ale, he got it from a brewhouse farther down; he had it from a man in the brewhouse yard, that wore a dark coat and a white apron, but he did not know his name; I asked him if he had paid for it; he said no; he was to pay a pound note for it; and he had some once or twice before; he paid for it all at once when it suited him; sometimes in a week or a fortnight afterward. We saw Mr. Whiffing's name on the cask, and on the sack; we sent down to the brewhouse. Since then I have been sent down to take charge of Mr. Whiffing's man; the prisoner's brother worked for Mr. Whiffing; he acknowledged to me that he had taken it for his child's christening; on the Saturday following he was going to have his child christened at St. George's church. Mr. Whiffing promised to forgive the man if he would tell the magistrate; the magistrate thought it not right, and sent him here. The prisoner said afterwards he found it outside of the brewhouse wall.

BARNARD GLEED . Q. You was with your partner, were you - A. Yes.

Q. You have heard the account he has given - A. Yes.

Q. And that account is true - A. It is. The cask is here.

The property produced and identified.

Prisoner's Defence. I have told Mr. Whiffing the whole truth.

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

GUILTY , aged 23.

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

First Middlesex jury, before Mr. Baron Graham .

Reference Number: t18081130-7

7. JOHN BAYLEY was indicted for feloniously stealing on the 31st of October , a case for surgeon's instruments, value 8 s. five pair of scissars, value 12 s. 6 d. a silver needle, value 7 s. six probes, value 6 s. three pen knives, value 5 s. two cases, with six lancets, value 14 s. thirty five lancets, value 3 l. 10 s. a book called the Pursuits of Literature, value 17 s. two volumes of Debrett's Peerage, value 1 l. and three plated candlesticks, value 1 l. 10 s. the property of Thomas Morgan .

SECOND COUNT for like offence, laying them to be the property of Stephen Fenton .

THOMAS MORGAN . Q. What do you know about this robbery - A. The articles that were taken, I believe, on the prisoner, belonged to me.

Q. What were they - A. I cannot enumerate them exactly; they were surgeons' instruments; scissars, knives, candlesticks; three were stolen; I believe four were in the box; they were all packed up in one box.

Q. Are you a surgeon yourself - A. I am. They were intended for a friend of mine in the West Indies; I gave orders to a Mr. Binyon to have the articles that I was to send to a friend, to be packed in one box and sent to the West India docks.

Q. When was this - A. Some time in September; the things were sent to the West India docks; I have a receipt of the wharfinger.

Q. Have you the receipt here - A. Not here.

Q. Is there any body here to prove that they were in the West India dock. - A. No

Q. Perhaps you never saw them in the box yourself

- A. No; Mr. Binyon put them in the box by my desire.

Q. Is he here - A. No, he is a quaker, he cannot swear; the officer can swear that he took some of the things out of the ship that the prisoner belonged to.

SAMUEL MILLER . I am an officer. On the 1st of November, I went to No. 19, Glocester terrace; I had this case of instruments delivered to me, and two candlesticks; I then went down to the West India docks, on board the Monarch .

Q. Do you know whether the prisoner belonged to that ship - A. The captain informed me he was his apprentice ; on board that ship I found this box with several lancets, scissars and surgeons instruments in it; I took them to the office, and I have had them in my custody ever since.

JOHN GRISE . I am a surgeon's instrument maker, 239, Whitechapel road.

Q.Look at these instruments there, see whether you know them again - A. These are the instruments which I received from Mr. Morgan to clean; I think I received them about the 10th of September; I delivered them to Mr. Binyon, by the order of Mr. Morgan; they were intended to be put on board a ship.

Prosecutor. They were to be put on board the London, captain Duncan.

Q. to Grise. Can you take upon you to say that these things that you now see were the instruments that you cleaned by the order of Mr. Morgan - A. I can, and they are things I sent according to the order of Mr. Morgan.

Q. Did you receive them from Mr. Morgan - A. No; they were deposited with a gentleman in the Old Jewry, in Frederick place; I sent my man for them; they were brought to me by Mr. Morgan's order, and they were sent to Mr. Binyon.

Prosecutor. These things were brought home by me from the West Indies to be repaired in that very case.

Q. How came it to be on board the Monarch - A. I understood that he stole them from the wharf and carried them on board his ship.

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

Q. Do you know whether he belonged to the ship Monarch laying in the dock - A. I believe so; captain Kent of the Monarch, was a lodger in my house; I have seen the prisoner come to the captain to my house; the last time that he was at our house was the 31st of October; the prisoner then asked me to let him leave a box at my house.

Q. Did he leave the box - A. Yes, it was a deal box; he told me it contained a suit of clothes: I took it from him and put it into the parlour; it remained there all night; we gave it up to captain Kent in the morning. When he opened it I saw a case of instruments like that, and some candlesticks. I did not see the boy till two days afterwards.

Q. to Miller. Did you receive this box with a case of instruments and these things at Mrs. Lee's - A. Yes.

JOHN STOREY . I was sent for by Mr. Saunders to take charge of Martha Sinclair , who had offered this candlestick for sale, supposing it to be silver; in consequence of what she told me, I apprehended the prisoner on the 31st of October: I asked the prisoner how he came by it; he said he found it, and that he had pledged it; I took him and the woman to Lambeth street office.

MARTHA SINCLAIR . I live at Dr. Ratcliffe's, No. 6, Mile End; I have known the prisoner a twelve month; his captain lodged at our house before he lodged at that lady's house; he was captain of the Monarch.

Q. Do you know whether the prisoner was a sailor on board the Monarch - A. Yes, he was; he went to the West Indies with him, and came home; he was his apprentice; I know of nothing but the candlestick: he came to me the night before he was taken up, he said he had a good bargain, he could let me have a candlestick, that an acquaintance of his found in the West Indies; it was in pledge for half a guinea at Mr. Nicholl's in the Minories, if I would give him money to redeem it; I said I would not till I saw the candlestick: he said he came honestly by it; he brought the candlestick on the next day; he said a friend lent him money to redeem it. I took the candlestick and went to Mr. Saunder's, a silversmith, as I told him I would; I was then taken in custody.

THOMAS SAUNDERS . Q. Do you know the woman just gone down - A. Yes, she brought me this candlestick, I marked it; on my having suspicion I took the woman up.

Q. to Miller. Where did you find the candlesticks that you brought here in the box - A. At Glocester terrace.

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

GUILTY , aged 18.

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

First Middlesex jury, before Mr. Baron Graham .

Reference Number: t18081130-8

7. ALICE JENNER was indicted for feloniously stealing on the 29th of October , a silver watch, value 40 s. the property of David Reading , from his person .

DAVID READING . On the 29th of October, between the hours of one and two o'clock, I was crossing the Park from St. James's to Pimlico ; the prisoner and two more were at the gate; the prisoner came up to me; I desired her to go about her business, I did not want any thing to do with her; she still came with me to the middle of the walk; I gave her a shilling and told her to go about her business; she still persisted in going by the side of me; she took my watch out of my pocket privately.

Q. Did you perceive it - A. I perceived it afterwards.

Q. Did you feel it - A. I just slighty felt it; I put my hand down into my pocket, my watch was gone; she ran off with the watch and went towards the palace. I went to the centinel that was on duty and told him that I was robbed of my watch; I did not pursue her any further because she was gone out of my sight; this was on the Saturday; on the Wednesday following I saw the prisoner at Queen square office.

Q. When you perceived the watch going why did not you stop her - A. It was done momentary, and she ran away; I did not perceive which way she went.

Q. Perhaps you was not perfectly sober - A. No, I was rather in liquor.

Q. How long was all this going forward - A. I suppose not more than five minutes from the first time that she spoke to me.

Q. Where had you been that night - A. At the Star and Garter, Pall Mall; I had supped with a friend of mine that came from Sunbury; he was a tradesman that was going to return into the country.

Q. Had you been drinking at all - A. I drank porter and brandy and water; I cannot say how much.

Q. I hope you took no liberties with this girl - A.No; she took liberties with me.

Q. Did you find your watch again - A. Yes; the officer has the watch.

THOMAS RENNY . I am an officer. On the Wednesday, Wagstaffe, one of the witnesses, came up to the office, and said he knew where the watch and the prisoner was; I went with him and apprehended her; Wagstaffe gave up the watch at the office; I have had it in my custody ever since.

- WAGSTAFFE. I am a soldier. On the 29th of October, near one o'clock, I met the prisoner against the Queen's palace; my wife, I, and the prisoner went to the White Horse, suttling house; we had a glass of gin each; my wife told me that the prisoner had got a watch; I asked her what she had got by her side; she said a watch; it was tied by a string to her side; she shewed it me, but refused to let me have it in my hand. We came out of the suttling house, the prisoner, and my wife, and me, and we all went home to my apartment and dined together. I sat in a chair and pulled her on my knee and asked to let me look at the watch again; she gave it into my hand; she told me a gentleman had given it her, during a month while he was gone in the country, she did not know his name; I told her I should detain it till I heard a further account of it. When I heard she had robbed a man in the park I accused her of it; she said that she lit of the gentleman in the park, and while they were in conversation she took it out of his pocket; I delivered it up before the magistrate to Mr. Renny.

The property produced and identified.

Prisoner's Defence. This gentleman was coming from St. James street: me and two more young women were going along, he asked us to walk with him; we did. He and I sat down in the park. When I left him I kicked my foot against it, I picked it up, I found it was this watch; I did not know that it belonged to this gentleman.

GUILTY , aged 17.

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

First Middlesex jury, before Mr. justice Grose.

Reference Number: t18081130-9

9. EDWARD JAMES GUILDFORD was indicted for feloniously stealing on the 8th of November , one pound weight and a half of copper, value 2 s. the property of James Frost .

JOSEPH FROST . On the 8th of November, about seven o'clock in the evening, I saw the prisoner put a piece of copper into his breeches.

Q. Who did he work for - A. My father, James Frost .

Q. Are you apprentice to your father - A. No, I work for him. He then went out and I called him back; I asked him for the copper he had in his breeches; he said he had none; I asked him to let me look in his hand; he then dropped it; I picked it up and told him that was the piece; I took him into the shop and sent for an officer. The officer and I went to his lodgings and found some other bits of copper.

Cross-examined by Mr. Reynolds. You told my lord that you are not an apprentice to your father - A. No.

Q.What are you then - A. I work for him.

Q. Were you and the prisoner together in the shop at the time when you say he took this piece of copper - A. I was in the shop along side of him where I could see him.

Q. Any body in the shop with him besides you - A. There were others, but none in the shop but he and I, where he was at work; I was within ten yards of him.

Q. When you went up to him afterwards and called him back, you asked him for the copper that was in his breeches; he said he had got none - A. He had got it in his breeches when he went out of the shop, and when he went out in the street he had the copper in his breeches; on his coming in I suppose he pulled it out.

Q.Might not a man working in your shop take up a bit of copper by accident - A. He might.

Q. When you called him back he came back - A. Yes: and he had the copper on him.

GEORGE WOOD . I am an officer of Hatton Garden office. I was sent for to take the prisoner in custody; afterwards I went to his room; there in the table drawer I found three pieces of bolt copper; one little bit was marked LF, and this is the piece that was found on his person.

Q. to Joseph Frost . Look at this piece of copper - A. This is the piece of copper that he had in his breeches when he went out in the street; and this is the other piece that I marked the other day. It was found at his lodgings.

Mr. Reynolds. How do you know that is your bit of copper - A. Because I saw him put it in his breeches, and I saw it drop out of his hand.

Q. How are you sure that the piece of copper that he dropped from his hand, is the piece that he put in his breeches - A. Because he had no other piece about him.

Q. Are you sure that he could not have got it from any other person - A. No, he could not, because he had not got above ten yards.

Q. There is nothing on that bit of copper that marks it to be your father's - A. No; but that I found at his house I had marked the day before.

COURT. They are both your father's property - A. Yes.

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

GUILTY , aged 33.

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

First Middlesex jury, before Mr. Recorder.

Reference Number: t18081130-10

10. JOHN HARRIS was indicted for feloniously stealing on the 26th of October , a pair of silver buckles; value 20 s. and a brush, value 6 d. the property of Joseph Reeve .

JOSEPH REEVE . I live with Mr. Crook, No. 9, Nottingham plac e. On the 26th of October the prisoner was sent to paint a small room over the stable by my master's order. I lost the property off the corn bin in the hay loft, all adjoining. I had just come there to live.

Q. What did you lose - A. A pair of silver buckles and a clothes brush; I saw them there in the morning, and I missed them about seven o'clock in the evening of the same day. The prisoner was the only person employed to paint the room.

Q. Did you leave him in the room when you went out - A. Yes; I was in my stable when he went out; I saw him go out.

Q. How long might he be up stairs - A. About a couple of hours; it is only a small place.

PETER BALL . I am a constable; I apprehended the prisoner in Paddington street; I searched him; I found the buckles in his right hand breeches pocket. After I had got the things in my hand, the prisoner said he meaned to take them back again, if he had the opportunity.

Prisoner's Defence. I had the buckles in my possession four days. I was painting this room, and I saw these buckles in charge on the top of a little bulk among some old harness and rubbish in the lost; I took them, conceiving them to be of no value. On the Tuesday night I took them; on the Wednesday night I found them to be silver. I immediately related what I had done, and having to finish the job in the coachman's room, I wrapt them in paper in order to retain them till I went again.

The property produced and identified.

Prosecutor. They were laying on the top of the bin, not among any rubbish.

Q. Was the room finished - A. It was finished for a time.

Q. Was he to return again - A. That I do not know.

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

GUILTY , aged 34.

Confined Three Months in Newgate , and Publicly whipped .

First Middlesex jury, before Mr. Baron Graham .

Reference Number: t18081130-11

11. ROBERT FENTON , alias ROBERT ATKINSON FENTON , was indicted for that he on the 19th of February, in the 43d year of his Majesty' reign , did marry and take to wife one Mary Wainwright , his former wife being then living .

The case was stated by Mr. Gurney.

JOHN TURNER . Q. Where do you live - A. At Hawkeshead in Lancashire.

Q. Do you know the prisoner Fenton - A. Yes, I know him very well. I was present when he was married in the year 1797.

Q. Have you the register of his marriage - A. I have. I was at the marriage, and signed the marriage.

Q. From whom had you the register - A. From the minister of the parish; I wrote my name as a witness of the marriage. This is the register of Robert Fenton -

" Robert Fenton of this parish, husbandman, and Mary Pool of this parish, spinster, was married in this church by banns, this 22nd of March in the year 1797, by me Bragg White, minister. - This marriage was solemnized between us, Robert Fenton and Mary Pool , in the presence of John Turner and George Renney ."

Q. Is Mary Pool still living - A. I saw her on Saturday morning as I set off from Lancashire to come to London; he has two children by her.

Q. Do you know how long he staid with her - A. It may be seven years; I am not certain.

Cross-examined by Mr. Knapp. Did you know them intimately while they lived together - A. Yes.

Q. Do you know how long he lived with her after they were married - A. Not seven years; three or four years or more.

Q. Do not you know that they agreed to part, and that there was a separate maintenance - A. I never heard of any deed of separation; he sent her away only with her clothes.

Mr. Gurney. You are a relation of her's - A. I married her sister.

COURT. What do you mean by saying that he sent her away - A. He sent her to her mother's only with her clothes; she lived at Hawkeshead, about forty miles from her mother's.

MARY WAINWRIGHT . Q. Do you know the prisoner at the bar - A. I do; I first knew him in the year 1802.

Q. Were you ever married to him - A. Yes, I was, on the 19th of February 1803, at St. James', Clerkenwell , by banns.

Q. How long had he paid his addresses to you before you was married - A. About six months.

Q. How long did you live with him - A. About two years and a half.

Q. You have seen him write, I presume, often - A. Yes.

Q. Did you on some occasion receive that letter from him - A. I did; it is his hand writing. I had made application to him for pecuniary assistance; he had taken away all my clothes; I had neither clothes, money, nor friends.

Cross-examined by Mr. Knapp. Your clothes had been provided by him during the time you lived with him - A. No, they were not.

Q. You were in service at the time he married you - A. Yes.

Q. You had no fortune, I presume - A. I had plenty of good clothes, and money in my pocket.

Q. But no great fortune - A. No. [The letter read.]

Addressed to Mary Wainwright , at Mrs. Forrester's Poland street, Soho.

RUMFORD, ESSEX. 1806.

"MADAM.

"Yours I received, and in order to answer your request, and to bring things to a more speedy conclusion, have to inform you that you can by no means make a demand or expect an agreement from me, as not being my lawful wife. What I am going to explain will no doubt surprise you; however I think it necessary, in order that I may give you no longer suspence, but hereafter you may pursue your own method to take the law against me, or otherwise, as you may think proper to answer your ends. - I have to inform you that at our first meeting I deceived you; in doing that I deceived myself also. If you look back, you must see my behaviour to you at sometimes was somewhat odd, but it was not without a reason, and my reason was this - I have another wife, and have had three years and a half past, and by her I have had two children living and one dead; I left her in an hour I supposed my affairs were in a precarious state, which obliged me to leave my country and friends; but at this time I understand things are reconciled between them and me, and I am determined at this time to live no longer in adultery; and I am sure you can have no desire, from

what I have heard you say respecting a married man - I now have explained the matter as far as I dare say you can wish; as any more can be of no consequence to you. I leave you to act as you think proper, when I will bid an everlasting adieu to London and you. Hoping that you will meet with a person that is more worthy your affections, and to end your days in unity and love (which could never have been the case with me), I remain your well wisher, but equally injured

"R. A. FENTON.

"P. S. If you answer this, as I hope you will, in order to inform me how you will act, I will either send you something now, or at Christmas, according to promise; and hope you will ever look forward to yourself, and give up a man who has acted so basely. Adieu for ever and ever."

Mr. Gurney. Have you been able to find him - A. He was not found by me, but by his third wife.

Q. Were you able to discover him - A. No.

Mr. Knapp. Did you try to find him - A. I took out a warrant against him about a twelvemonth ago.

Q. Did you not try before that twelvemonth ago - A Yes; I went down to Romford where he resided; in consequence of that he left Romford; then I could not find him.

The prisoner left his defence to his counsel.

GUILTY , aged 31.

Transported for Seven Years .

First Middlesex jury, before Mr. justice Grose.

Reference Number: t18081130-12

12. SAMUEL BARNES was indicted for feloniously stealing on the 28th of October , a fowl, value 2 s. the property of William Oxlee .

WILLIAM OXLEE. I live at Hoxton . On the 18th of October as I was laying in bed, about seven o'clock in the morning, I saw the fowl fly off the roost; in about ten minutes I heard the prisoner say that he and another lad took it; the other lad the magistrate sent to sea; the prisoner said they brought it to Newgate market, and sold it for two shillings to one that sold fowls about the street.

Q.What is your fowl worth - A. I value it at what they sold it for.

- . Q. What do you know of this matter - A. On the 28th of October I got up at seven o'clock to go to work; as I went out I saw this chicken, I saw two boys, the prisoner is one of them; one said to the other, come Sam, let us go to work; that is all I know.

PETER MASON . On the 28th of October I went with Oxlee and apprehended this lad; he acknowledged that the other lad took it up, he was in company with him; they went to Newgate market, and sold it for two shillings.

Prisoner's Defence. The gentleman told me to say this or else I should be hung; Mr. Oxlee told me to say I had part of the money.

GUILTY , aged 17.

Confined Fourteen Days in Newgate , and whipped in Goal .

First Middlesex jury, before Mr. justice Grose.

Reference Number: t18081130-13

13. WILLIAM PEARSON was indicted for feloniously stealing on the 14th of October , a silver watch, value 3 l. and a gold seal, value 10 s. the property of George Wilson .

The case was stated by Mr. Andrews.

GEORGE WILSON . I am a servant to Mr. Martin, at Enfield . On the 14th of October, I left my watch in my breeches, hanging up in the stable; I locked the stable door, and left the key in the door, at about half past one; I returned at about half past four; I missed my watch. On the 20th of October, when the prisoner was apprehended, I saw him deliver it to the constable.

Q. The watch that the constable shewed you was the watch you left in the stable on the day you have been describing - A. It is.

JOHN FITKIN . Q. Were you sent for to apprehend the prisoner - A. Yes; I apprehended him at his master's stable; the prisoner went with me to his room, he unlocked the box himself; I found this watch in his box; I asked him how he came to steal the watch; the prosecutor told him it would be better for him to confess.

Q. Then do not tell what he said - A. I took him to Enfield; the lock was off the watchhouse door, I took him to the Nag's Head; he sat very quietly with me; as soon as the smith had put the lock on and brought me the key, I took him out to put him in the watchhouse; he broke from me as soon as he got out of the public house door; he kept away for five or six week; he was taken last Saturday; he is the same man, he has a wife and two children.

THOMAS SMITH . Q. Were you in Mr. Martin's house on the 14th of October - A. I was at work on the premises; the prisoner came there with a load of straw. I found the prisoner in the stable; the waggon was drawn up to the stable door.

The property produced and identified.

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

GUILTY , aged 28.

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

First Middlesex jury, before Mr. Baron Graham .

Reference Number: t18081130-14

14. RICHARD MANDRILL was indicted for feloniously stealing on the 25th of November , a sack, value 1 s. and forty eight pounds of rags, value 24 s. the property of Thomas Holmes .

WILLIAM BRYER . Last Friday evening, about half past six, I came opposite Shoreditch church, I saw the prisoner with a sack on his shoulder; I took hold of the end of the bag, I asked him where he was going with them; he said he was going to an inn; I said what inn, he said the Basing house; it struck me that he had stole the rags; I knew the gentleman, Mr. Holmes, that he worked for, he lives opposite of me; I then went to Mr. Holmes to know whether they had sent any rags out of the warehouse; I then stood out of door, till he came back. I asked him where he had left the rags, he said at the inn; after that he went into the warehouse; the prisoner then said he had not been out of the warehouse, he had no rags at all; I told him he had, I saw him with the sack on his shoulder; I took him by the shoulder and took him to the office; he confessed that he had taken them and took me to the place where he had sold them; we took the rags and put them in the sack and took them to Worship street; the sack had Mr. Holmes' name upon it.

WILLIAM - . Q. Are you Mr. Holmes's foreman - A. Yes. About half past six, on the 25th of November, I left the prisoner at work; I w

warehouse to Mr. Holmes's brother, where he lay dangerously ill; I had not been long there before Mr. Holmes's brother came up stairs and said I was wanted; I came down; the officer asked me whether I had given orders to take any thing out; I told him no; he said he had seen one of the men with a sack on his shoulder, and that he said he was going to take them to the inn. I immediately went down with him to the warehouse; I asked the prisoner what he could mean by it. Then the officer said he must take him into custody. As he was going to the office, he acknowledged that the man that worked with him helped to put them in the bag, opened the gate and let him out of the premises with the bag; then he took us to the shop where he had sold them; there I asked him what bag he had brought them in; he said it was one of his master's bags with his master's name on it; this is the bag; it is my master's, his name is upon it. We asked the woman where the bag was; she said it was where he put it himself; I took it; I then went to where the rags lay; I said these are my master's property.

Prisoner's Defence. The man that worked along with me let me out of the door with them, and put them on my back and told me to take them there to sell them.

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

GUILTY , aged 30.

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

First Middlesex jury, before Mr. justice Grose.

Reference Number: t18081130-15

15. MARY CURTIS was indicted for feloniously stealing on the 3d of November , a shawl, value 15 s. and twenty eight yards of printed cotton, value 1 l. 8 s. the property of John Harvey and James Lamming .

The case was stated by Mr. Alley.

JOSEPH BIRKETT. I am shopman to John Harvey and James Lamming , linen draper s, Ludgate hill . On Thursday the 3d of November, the prisoner, accompanied with another person, came to my master's shop and staid in the shop about half an hour; when they were gone, in a few minutes I had occasion to suspect them and followed them; I overtook them about fifteen yards from the shop; I told them that Mr. Harvey wished to speak to them; either the prisoner or her companion said, what can Mr. Harvey want with me, that she had taken nothing but what she had paid for. When they came near the shop door the prisoner attempted to pull a silk shawl out of her pocket, as if to throw it away; I seized the shawl while she was making the effort. Mr. Kimber came up and apprehended her; they were brought into the shop; the constable picked up a print behind her.

Mr. Knapp. Did you see it drop - A. No; I only saw the shawl taken from her person.

Mr. Alley Whose property was the shawl - A. It was the property of the prosecutors.

Mr. Knapp. This is one of the cheap shops on Ludgate Hill - A. It is so denominated.

Q.Where a parcel of people crowd so as to hinder people passing and repassing - A. That does not always happen.

Q. You have a good many shawls in your shop - A.No doubt of it.

Q. Was there another shawl like that in the shop - Not that I know of.

Q. How many people serve in the shop - A. Eight or nine.

Q. Will you swear that shawl had not been sold - A. I can positively swear that shawl was not sold; I can swear it is Mr. Harvey and Lamming's property, by the private mark.

Q. You do not cut off you private marks upon goods being sold - A. No.

ROBERT ASHWORTH . - Mr. Alley. You are also one of the men employed by the prosecutors - A. I am.

Q. Do you remember seeing the prisoner in the shop - A. I do.

Q. Did you sell the shawl in question to her - A. I did not.

Q. Did you observe her do any thing with the shawl - A. I did not.

Mr. Gurney. Your's is a shop of a great deal of bustle and confusion - A. Yes.

Q. You are one of the nine or ten young men who was in the bustle and confusion of that bustling shop - A. I am.

COURT. Where was this shawl placed - A. In the window, inside.

Q. What did you serve this woman with - A. With a gown.

WILLIAM KIMBER . - Mr. Alley. You are a city officer - A. Yes. On the day spoken of I saw the prisoner about thirty yards from the shop; the witness Birkett ran after the ladies, and told them they were wanted; they resisted; I assisted in bringing them back; Curtis put her left hand on her right hand side and attempted to throw away a shawl; I laid hold of it, and Birkett took the shawl from me; I let the lady go in before me, and as I let her pass she let a piece of print drop from under her gown or pelisse; my foot reached the print before the other end reached the ground; I said here is the print likewise; she said it did not belong to her; I picked it up and shewed it them; I took her with the other up stairs into a private room and had them searched; nothing was found upon them up stairs.

The property produced and identified.

Jury to Birkett. Did you see her stealing any thing - A. I supposed her to be stealing of something; I watched her very closely, I saw her with her hand under her gown as she stood by the window; I saw her hand in the shop window; I saw her turning her head; she was watching for fear any body saw her; I seemed to mind my own business, but I saw her.

Mr. Knapp. How came you to drop this now and not mention it at first - A. I answered the questions that were put to me.

COURT. You are upon your oath, you are to speak the whole truth.

The prisoner left her defence to her counsel, and called no witnesses to character.

GUILTY , aged 50.

Transported for Seven Years .

London jury, before Mr. Recorder.

Reference Number: t18081130-16

16. ANN BROWN was indicted for feloniously stealing on the 4th of November , two pair of stockings, value 2 s. 8 d. the property of Matthew Broughton .

MATTHEW BROUGHTON . I am an haberdasher and hosier , I live in Bishopsgate street . On the 4th of the present month, between eleven and twelve in the day, I was in the shop, behind the counter: a person told me shat a woman had taken a pair of stockings from the door post; I went to the door and looked to the right, and two yards from the door I saw a woman in the act of putting a pair of stockings into her right hand pocket; I ran up to her and brought her into the shop, and perceiving the stockings had my mark on them I went for Mr. Sapwell the officer; he searched her and found another pair marked; both pair belonged to me.

THOMAS SAPWELL . I am an officer. I searched the prisoner; in her pocket I found a pair of black worsted stockings, with a private mark on them, and another air I received from the prosecutor, both black worsted stockings.

The property produced and identified.

Prisoner's Defence. I was going by the gentleman's shop, I saw two pair of stockings lie in the street, I picked them up at the shop window, just by the door post.

GUILTY , aged 30.

Fined One Shilling and discharged .

London jury, before Mr. Recorder.

Reference Number: t18081130-17

17. MARY HARRIS , ANN PRICE , and MARY JOHNSON , were indicted for feloniously stealing on the 19th of November , a watch, value 1 l. the property of William Hanning , from his person .

The prosecutor being called, and not appearing in court, the prisoner was

ACQUITTED .

London jury, before Mr. Recorder.

Reference Number: t18081130-18

18. ELEANOR JOHNSON and SARAH JACKSON were indicted for feloniously stealing on the 26th of September , twenty yards of printed cotton, value 1 l. the property of George Vipond .

The case was stated by Mr. Alley.

THOMAS VIPOND . I am servant to George Vipond , Ludgate hill ; the first shop from the Old Bailey.

Q. Can you undertake to say that property was stolen out of his shop - A. I have not a doubt of it; we had a piece of print that the selvage was discoloured; the fag end is gone. On the 26th of September I brought it up out of the warehouse; we had but one piece of that pattern in the house; I have not the least doubt it is the same piece.

COURT. Let the jury look at it.

JURY. This is a double selvage; it is very common to have a selvage discoloured: it is impossible to swear to a stain of that description; they are faded in the selvage in folding them.

NOT GUILTY .

London jury, before Mr. Recorder.

Reference Number: t18081130-19

19. MARY GEE was indicted for feloniously stealing on the 19th of November , twenty one yards of calico, value 2 l. the property of Walter Foy .

WALTER FOY . I live in Beech street, Barbican , I am a linen draper . On the 19th of this month, about five o'clock in the evening, the prisoner came into my shop with a woman with her; they asked me to shew them some silk handkerchiefs; I shewed them the whole I had; one of them - I believe it was the prisoner, told me that her friend wished to buy a bed-gown: I shewed them several pieces of print; among them was the one I have in my hand. After they had looked over the goods I had shewn them, they told me there was none that would do, the price was too high; they went out of the shop; upon their going out my wife saw there was something under the prisoner's petticoats, it stood out on her left side; I immediately jumped over the counter and ran to the door; I saw a man taking this print from under the prisoner's petticoats; he immediately ran towards Golden lane, and I followed him. When he came to the end of Golden lane I believe I was not more than three feet from him. He saw me behind him, he sprang from the pavement to run across the street; as he was jumping a horse and cart was coming down the lane, he jumped against the horse's head, the horse turned his head, and the prisoner passed and went round behind the cart; I was at that time near enough to put my fingers on his shoulder, but not near enough to hold him; he at that moment threw the print out of his right hand under the cart that was passing; I turned round immediately and picked up the print. On my picking up the print I saw the man who had got the print from the woman was gone some distance, that I thought my pursuing him was useless. When I returned home the young man told me that the two women were not out of sight, he pointed them out. I immediately ran over and caught the prisoner; I brought her to my house, got a constable, and had her taken to the Poultry compter.

Q. Are you sure the prisoner is the woman you saw in your shop - A. I am confident of it.

Q. Had not she time to have gone away - A.There were near three or four minutes had elapsed from the time I went out to the time I came back; I am certain, and will swear to the woman.

SARAH FOY . Q. You are the wife of Walter Foy - A. Yes.

Q. What did you see of this transaction - A. I saw something of a large bulk under her petticoats as she went out of my shop, which gave me suspicion. I mentioned it to the young man in the shop, he perceived it likewise; he went to the door, he said she was about giving it to a man; my husband ran out directly and brought the print in with him.

ROBERT HARRISON . I am shopman to Mr. Foy. Mrs. Foy told me the prisoner had got something away, as she was bulky; I observed that the prisoner had got something under her petticoats. On looking out of the door after her, I saw her give a man the print. I immediately told Mr. Foy of it; he went after the man and took the print. I watched the woman which way she went. Immediately Mr. Foy came back I told him.

Q. Is that the same woman - A. I will swear to the woman; I never lost sight of her, I am sure of it.

Prisoner. Did you see me stand by the counter, or touch any of the goods in the shop - A. No.

Pris. I never laid hold of any of the goods; it was my gown sticked out behind, which the lady saw. I never was suspected in my life.

The property produced and identified.

Prisoner's Defence. When I went into the shop I asked to look at a silk handkerchief; I said I would give six shillings and sixpence, or seven shillings, that was the most I could afford to give; I did not like the pattern, they were too large; the woman that was with me is every morning down at Billingsgate; she went out full five minutes, when the gentleman p

me and ran after somebody; I made a full stop, and said to the woman, her name is Kitty, this is the way to Chiswell street. I was going after my husband the same time.

Jury to prosecutor. Had you shewn that print at the time she was there - A.This print I will be upon my oath I had in my hand, shewing to the friend of the prisoner, not two minutes before the prisoner went out.

GUILTY , aged 24.

Transported for Seven Years .

London jury, before Mr. Recorder.

Reference Number: t18081130-20

20. JOHN CLARK was indicted for feloniously stealing on the 19th of November , eighteen horse shoes, value 14 s. two pieces of iron, value 10 d. and one iron chain, value 8 s. the property of John Davis .

JOHN DAVIS . I am a farrier , I live in Red Lion alley, Cow Cross ; the prisoner was a servant of mine for about a twelvemonth; he was taken in custody with these shoes on Saturday night the 19th. I was sent to know whether I had lost any old iron. I went on Saturday and looked at the iron, I said this is my property.

MICHAEL NEALE . I am a patrol. On the 19th of November, my partner and I came into Smithfield barrs. John Clark passed by me with a basket in his hands, it was about half past seven at night; I asked him what he had got there, he told me he had some iron in the basket, he took it from home, and he was going to his master's in Red Lion alley, Cow Cross, and if I would come that way he would shew me. I found by the way he trembled that the property was stolen; my partner and I got hold of him and took him part of the way; then he resisted and tried to get away; he throwed the basket down; I knocked him down against the rails; at that time he began to empty his breast of the property, which was an iron backband of a cart; then my partner and I took him to the Compter; the officer took six horse shoes from his breast.

Q. What was in the basket - A There were twelve horshoes in the basket, and two pieces of iron bars; after I had delivered the charge, I went back and found the iron backband and took it to the place where the other property was; it is now in the basket.

- RICHARDS. I am the other patrol. I was aiding and assisting my partner, when we seized the prisoner; he with violence strove to get away; I drew my hanger upon him, he threw the backband away; we took him to the Compter.

GEORGE WORRALL . I am a constable; about half past seven of the 19th, the two patrols brought the prisoner to my house; they said they had taken a man with some iron; I took him to Giltspur street Compter and searched him, I found six horse shoes between his apron and his waistcoat; there were twelve horse shoes in the basket and two pieces of bar iron; I believe they are all old horse shoes.

The property produced and identified.

Prisoner's Defence. Some of the shoes I bought, and some I found, some at one place and some at another.

GUILTY , aged 45.

Transported for Seven Years .

London jury, before Mr. Recorder.

Reference Number: t18081130-21

21. MARY ANN PARKER was indicted for feloniously stealing on the 30th of October , six pair of woman's shoes, value 1 l. 4 s. and a handkerchief, value 1 s. the property of Thomas Basset Read .

AMELIA READ . I am the wife of Thomas Basset Read, shoemaker , No. 37, Beech street , the prisoner was my servant ; she had lived with me five weeks only. On Sunday the 30th of October, I went into her room, I saw her key in the box and I opened it I saw a pair of brown velvet shoes; I took them out, I knew them to be our property; I looked further, and found two other pair, black velvet and black Spanish; I then went into the parlour and informed Mr. Read; there were several other things belonging to me, but I did not take any account of them.

Q. Did you leave the shoes in the box - A. I did not. I took them down with me. Mr. Read sent for her up stairs and asked her how she came by these shoes; she said she had them before she came into our service, some she bought and some she had given her. Mr. Read sent for a constable; he found a duplicate in her pocket, where she had pawned three other pair, which afterwards proved to be ours, and a handkerchief of my daughters.

Q. Had you any character with her - A. I had a character, but not from the last place; I desired her to go before her time was expired; she would not; I thought she staid with a view of getting more shoes. I do not know what else it could be.

THOMAS BASSET READ. After my wife had shewed me the shoes I called ke up and asked her where she had got them shoes; she said one pair was gave her by a young man, two pair she bought of Mr. Neave in Whitecross street; knowing them to be my property I sent for an officer, I desired the officer to search her; among other things she pulled out this small box, containing three duplicates, one for three pair of shoes. I then took the officer up stairs with me, with the shoes, to examine her box. Mrs. Read described that she found the shoes in such a manner in the box; she said no, they lay in such a way; I said, then you confess the shoes were in your box, she said yes; I said officer take notice of that, fearing as the shoes had been removed from the box she might say they were not in the box.

JAMES RIORDEN . Q. You are a pawnbroker - A. Yes, I live at Mrs. Fothergill's, 106 Aldersgate street. On the 12th of October, I took in three pair of shoes; I took them in of a woman; I have seen the prisoner's face, before but I cannot swear that she pledged the shoes; they were tied up in this handkerchief.

(The property produced and identified.)

Prisoner's Defence. These shoes that my mistress accuses me with, the pair of brown velvet I had given me, and two pair I bought of Mr. Neave when I had been there a fortnight; on the Tuesday evening I went out, I met with a person that I never saw before in my life; she said she had a duplicate that I should have for three shillings: I bought the duplicate of her. I can take an oath I never saw the shoes before.

GUILTY , aged 19.

Transported for Seven Years .

London jury, before Mr. Recorder.

Reference Number: t18081130-22

22. JANE PRICE was indicted for feloniously stealing on the 16th of November , a silver tea spoon, value 2 s. the property of Samuel Hale .

SECOND COUNT for like offence, the property of

Samuel Hale , Thomas Holdsworth , and Charles Grisewood .

To this indictment the prisoner pleaded

GUILTY .

Fined One Shilling and discharged .

London jury, before Mr. Recorder.

Reference Number: t18081130-23

23. RICHARD WILKES was indicted for feloniously stealing on the 8th of October , twenty four yards of cambric, value 1 l. 18 s. the property of Robert Marsh , Isaac Robert Marsh , Samuel Clark Marsh , Isaac Marsh , and James Marsh .

The case was stated by Mr. Walford.

ISAAC MARSH . Q. What are you - A. I am a carrier .

Q. What is the firm of your house - A. Robert Marsh , Isaac Robert Marsh , Samuel Clark Marsh , Isaac Marsh , and James Marsh .

Q. Had you in October, last a person in your employ of the name of Perris - A. We had.

Q. What is become of that man - A. He had taken money, and in consequence of that he has left us; we have made enquiry after him, and cannot find him; he was delivering porter.

THOMAS PAGE . Q. Are you carman to Messrs. Marsh - A. I am.

Q. Do you recollect having any parcel delivered to you for the purpose of being carried out - A. Yes, I remember a particular parcel being put in the yard to go to Aldermanbury; directed to Simpson and Pitfold, Aldermanbury.

COURT. You took it in your cart - A. Yes; I took it out to take to the house; the porter brought it back and said they were removed; I drove to Wood street; I am sure the same parcel was put in again in Wood street; it was in the middle part of the waggon; I took and put it between two trusses, where it could not fall out.

Mr. Walford. What sort of a waggon is it - A. It is boarded at the bottom and railed round the side; the parcel could not fall out by accident.

COURT. Was it so low that any body could put their arm in - A. They might put their hand down between the rail and move the parcel, and so take it out between the rail; it could not get out without being taken out.

Mr. Walford. When you had put the parcel in the situation you have described, what did you do then - A. The porter took out another parcel to deliver, and while he delivered that I turned the waggon round; he was gone a quarter of an hour delivering the other parcel; he came back and demanded this same parcel again; I went to look for it, and it was gone. I have seen the parcel since.

SARAH WOOD . I live with Mr. Grove, 93, Wood street, he is a watchmaker. On the 8th of October, between six and seven o'clock in the evening, I was in the yard shutting up the shutters, a parcel was thrown over the wall of the yard; I took it up and carried it into the shop to my master; when I got in to the shop I saw the prisoner standing at the street door window; he walked past the shop window; he stood at the corner of the court one minute, and then he came in; he said if you please, sir, will you give me the parcel, a drunken man has thrown it in your yard; my master bid him come in; he asked him where he lived; he said in Bethnal Green; Mr. Grove put several questions to him, and he run away.

Q. Are you sure the prisoner was at the window - A. Yes; and I am sure that is the man that came in the shop and had the conversation with my master in the passage; I am sure he is the man.

GEORGE GROVE . Q. We understand you are a watch maker living in Wood street - A. Yes. The little girl who spoke last brought the parcel to me, and while she was with me waiting while I wrote a note, she perceived a man; I saw Simpson and Pitfold on the parcel; I was going to write to these people to inform them that I wished to see them, not wishing to keep a thing that I suspected I might be stolen; the girl says, there is some man looking in at the window; I said open the door and ask him in; upon which he vanished; another, or the same man, came; he came in whining and crying; he stood in a singular position, appeared much shorter than what he was, with his leg behind him keeping the door back that it might not be shut; he said if he did not get the parcel he should lose his place; he solicited for the parcel, saying that a drunken man had thrown it over my pales; I said if he came in he should have the parcel; he came a little matter forward; I asked him what sort of a parcel it was, the colour of it, and what it was wrapped up in, and a variety of such questions as that, to which he could give me no satisfactory answers; upon further requesting him to come in, he pushed the door back and the child against the wainscot and ran away, and I ran after him.

Q. What did he say about being a porter - A. He said he had to carry the parcel; if he did not recover the parcel he should lose his place; he did not say he was a porter. I had a large candle in my hand, of which we had two or three in the shop. I ran down Love lane, up Great Love lane into Wood street again, where he was taken; I never lost sight of him, and once had hold of him; but he being a heavier man than myself he got away; I had like to have fell, my hand was upon the ground; I got up again; he never was further from me than I am from you; I never lost sight of him. This is the parcel; he could not give any account what the contents were nor what it was covered with.

Q. to Sarah Wood . Is that the parcel that was thrown over the wall - A. Yes.

Page. That is the parcel I put in the waggon; it is directed to Simpson and Pitfold.

Q. About what time did you set out with the waggon - A. At five o'clock, or rather before; it was after six when we missed the parcel in Wood street.

COURT. How far was your waggon from Mr. Grove's - A. The waggon was very near the Castle inn.

Grove. About an hundred yards.

Q. Your back yard has a paling - A. Yes; rather higher than I could reach; at the back of the yard is a court, which is a thoroughfare; I rather think it was intended to be lodged there; not to be thrown over.

Q. Open the parcel and see what it contains - A. It contains twenty four yards of cambric.

Prisoner's Defence. I was tried last sessions for the same offence, and acquitted. I meant to tell you then I knew nothing at all of the business, and I know nothing

at all about it now. I have a wife and four children; I can prove that I get my bread by my labour; and I can bring a gentleman to prove that I get my bread for my family as a working man ought to do.

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

NOT GUILTY .

London jury, before Mr. Recorder.

Reference Number: t18081130-24

24. MARY STAGGS was indicted for feloniously stealing on the 31st of October , a pair of boots, value 5 s. a hat value 2 s. a waistcoat, value 4 s. a gown, value 4 s. a bonnet, value 6 d. a shirt, value 2 s. a counterpane, value 2 s. a pair of boy's breeches, value 1 s. and a boy's shirt, value 9 d. the property of John Grist .

JOHN GRIST. I am a carpenter , I live at No. 10, Flower street, Whitechapel . On the 31st of October last, I left the house to go to my employment, I returned home at seven; I found these articles gone; I was informed the prisoner had been enquiring for me, she formerly had lived in the house as a lodger; on the 1st of November about one o'clock, I saw this girl in Harrow alley, Petticoat lane; I asked her what she wanted at my house and what she wanted with me; she told me she had not been there, and she wanted nothing of me; I told her she had been there; I had a strong suspicion that she had robbed me of the things I had lost; she denied it; I sent for an officer. She confessed every thing at the office.

MARY GRIST . I am the wife of the last witness. On the 31st of October I left my house about two o'clock; I returned about half after four, then I missed these things out of my room.

JEREMIAH LANGAR . I am a pawnbroker in Wood street, Spitalfields On the 31st of October, in the evening, (I believe the prisoner to be the girl, I will not swear positively because I may be wrong) she pledged a pair of boots, a gown and breeches, and some trifling articles, for twelve shillings.

EDWARD SMITH . I am an officer. On the 1st of November, I took the prisoner in custody; she was crying very much, she said she had pawned the things. I asked her what she had done with the money; she produced ten shillings, she said that was part of the money she had pawned them for at Mr. Langar's; she had this bonnet on her head, which the prosecutrix claimed; I think she said she had destroyed the duplicate. I searched her and could not find it.

Prisoner's Defence. I gave him ten shillings; and I told him if he would go to my father he would make up the money.

Q. to Smith. Did you know her before - A. Yes; she was at our office once, she lived at a public house and took a paper of halfpence; I believe she is very young, and her father has died; she has been in confinement about a fortnight ago.

The property produced and identified.

GUILTY , aged 16.

Fined One Shilling and discharged .

Second Middlesex jury before Mr. Recorder.

Reference Number: t18081130-25

25. JOHN FLINN was indicted for feloniously stealing on the 10th of November , twelve brass locks, value 12 s. twelve keys, value 6 s. twelve iron locks, value 6 s. and twelve other keys, value 4 s. the property of John Freemantle , John Branton , and John Dessormeaux .

JOHN DESSORMEAUX . The prisoner was employed by us to paint the premises in King street, Goswell street ; we are founders and engine makers .

Q. Who are your partners - A. John Freemantle , and John Branton.

ROBERT MORTIMER . I am a servant to the last witness. On the 10th of November last, in the morning, the prisoner was seen to take three dozen locks; he went away then with them at two o'clock, and returned to work again on the same day; I put him to work up in the warehouse. I saw him put one dozen of locks in his pocket; after that I came into the front shop; he was seen to put another dozen in his pocket, by a lad that is in court, he came down and went out; I followed him as far as Old street, Goswell street, I collared him and one dozen of brass locks fell from him; I took him to the constable. He searched him, and found a dozen of iron locks in his possession.

THOMAS PHILLIPS. I am an apprentice to Mr. Freemantle. On the 10th of November I went up stairs for some nails for the carpenter; on the top of the stairs I saw the prisoner put one dozen of locks in his pocket; they were so wrapped up as they are now; I told the foreman; the prisoner went down the stairs, and went out of the shop; I shut the door after him; the man went after him.

The property produced and identified.

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

GUILTY , aged 45.

Transported for Seven Years .

Second Middlesex jury, before Mr. justice Grose.

Reference Number: t18081130-26

26. THOMAS WRIGHT was indicted for that he on the 20th of July , feloniously and violently did make an assault upon Ann Wright , and her the said Ann Wright did ravish and carnally know .

GUILTY - DEATH , aged 63.

Second Middlesex jury, before Mr. Baron Graham .

Reference Number: t18081130-27

27. HENRY WESTON was indicted for feloniously breaking and entering the dwelling house of Elizabeth Shaw , spinster , about the hour of one in the afternoon, on the 22d of October , Catherine Marr and Mary Mead , and others, in the house there being, and stealing therein, ten half guineas, ninety nine seven shilling pieces, four dollars, four half crowns, sixty shillings, a bank note, value 20 l. a bank note, value 10 l. and five bank notes, value 1 l. each, the property of Elizabeth Shaw, spinster .

ELIZABETH HYDE . Q. Your name was Elizabeth Shaw - A. Yes; I live in Newton's court in the Strand , in the parish of St. Martin in the Fields. On Saturday the 22nd of October, I went out between the hours of twelve and one; I left Ann Steward , the servant, in the house, and Catherine Marr and Mary Mead , lodgers, were in the house; I returned home about a quarter after one, then I saw my drawers in the parlour were broken open, the three big drawers lay on the floor and the sheets and linen took out and scattered about the floor; the drawer that my money was in, was broke to pieces, and my money was gone.

Q. How much money was gone - A. A twenty pounds bank note, a ten pounds bank note, five one pound notes, four dollars, four half crowns, ten half guineas, the rest in shillings and seven shilling pieces; it altogether amounted to seventy nine pounds eight

shillings; I had reckoned it on the day before; I put it in the middle top drawer, I locked the drawer and put the key in my pocket; the money was in a purple leather glove.

Q. Have you seen any of this property since - A. No, none at all.

LUCY ALIPHANT. I live in the same court. On the 22nd of October. I saw Mr. Murphy between twelve and one break the windows.

Q. Murphy is the man that is not taken up - A. Yes. I saw Murphy break Mrs. Shaw's windows; Mrs. Steward ran out and locked the parlour door. Mr. Murphy on seeing her lock the parlour door, went in and burst it open, he went in the parlour, he pulled out two or three drawers; he took up the poker and tried to open the middle drawer that had the money in; he found that he could not open it, he came out and said good bye to you all. The prisoner was standing in the court; he said to Murphy, will you have any lush.

Q. What is that - A. Liquor. Murphy did not answer; Weston said a second time, will you have any lush; Murphy turned round and said to Weston come here; Murphy and Weston went into the parlour both together; Murphy took up the poker and tried to open this drawer with the head of the poker again; Weston says you b - r, take the point of the poker, and give it a jerk against the lock and you will soon have it open, which he did; he opened it and took something out in a purple leather glove.

Q. Where was you standing all this time - A. I put my head through the middle window which he broke; I stood in the court and saw all this done.

Q. Do you know what was in this glove - A. No.

Q. Which drawer was it he took this glove out - A. The top middle drawer; Murphy put it in his left hand pocket; Murphy and Weston came out together, they went down the Adelphi through the dark arches.

Q. You saw them both go in at the street door - A. Yes, the street door was open; Murphy broke open the parlour door.

Q. to Hyde. Which of the drawers was it you kept your money in - A. In the top middle drawer.

Q. And you had left it there on the Saturday when you went out and you missed it when you came home - A Yes.

EDWARD TREDWAY . I am a constable. On the 22nd of October, Mrs. Steward came to me at Bow street and told me that Murphy was breaking the windows, and Mrs. Shaw was not at home.

Q. Did you know Weston - A. No.

Q. What is Murphy - A. He was a shoemaker; when I went down the drawers were all upon the ground; she said he had broken open this little drawer while she had come to fetch me; she said her mistreses' money was in that drawer and he had taken it all away. In about half an hour afterwards, from information, I took the prisoner at a public house; he was drinking; I searched him, I found a half guinea, two seven shilling pieces, nine shillings in silver, and twelve penny worth of halfpence; he said his father paid him two seven shilling pieces the Saturday before; we took him before the magistrate.

Q. Do you know how it came about their doing a thing of this sort in the middle of the day - every body having an opportunity of seeing them - A. I fancy Murphy had formerly lived with this woman, and they had parted some time. I had him in custody for beating her; he was in goal half a year.

Q. Had he taken away any clothes - A. No; I fancy he only took the money; the clothes were all on the floor. He had only come out of goal the night before; he was in for three months for beating of her, and he had been in for three months before; I have had him in custody three times; as soon as he came out of goal he went and beat her.

Q. How long had they been together - A. Twenty four or twenty five years.

Prosecutrix. Twenty five years I was with him.

Q. Why did not you tell me something of this sort before - you had seen this Murphy before - A. I lived along with him.

Q. Your name is Hyde now - A. Yes.

Q. Were you ever married to Murphy - A. No.

Q. When was you married to Hyde - A. On the 3rd of November.

Q. That was after the violence happened - A. Yes; I lived twenty five years with him: I was but fifteen years old when he first got hold of me; I have had fourteen children by Mr. Murphy.

Q. Then perhaps he claimed some of the goods in the house - A. He sold all the goods in the house to Mr. Allen.

Q. I wish you had told us this before - A. I thought you knew of it.

Q. He had sold the drawers - A. Yes.

Q. Then it was not your drawers - A. Yes, it was, because I bought the things back again of Mr. Allen; Mr. Murphy delivered the house up, and the landlord let it me; I have had the house sixteen months. I had the twenty pounds note twenty years ago and the ten pounds.

Q. Then you got the money when you and he lived together - A. Yes. I went by his name, nobody knew but we were married till he exposed it himself.

Q. Then you passed as man and wife - you having this property and putting it this drawer, he claimed all this property - A. He did not know that I had got it; when he had not left me a month he took away a twenty pound note and broke this drawer.

Q. You both lived together in the same house you used the furniture together - as he passed for your husband, he considered every thing as his - A. It could not be his, because he did not work for it.

ELIZABETH STEWARD . I was servant to the prosecutrix when her name was Shaw: I was in the house on the 22nd of October; Mrs. Shaw went out; Mr. Murphy was breaking into the window.

Q. How did you happen to know Murphy - A. I knew Murphy twenty five or twenty six years ago; Mrs. Shaw and he lived together in that house; they slept together; they lived as man and wife, they appeared to have all things in common.

Q.What was his trade - A. A boot maker.

Q. Did she keep the money or him - A. He was not capable of keeping the money, because the public houses would not let him have a shilling; he would take the money frequently.

Q. Can you tell us whether he did come there as though he had a right to come to the house as well as her - A. After he was paid the thirty five pounds for the goods he came and claimed them; he claims them

now the same as if they were his.

Q. Then it seems from your account that he claims the goods and all the things in the house - A. Yes.

NOT GUILTY .

Second Middlesex jury, before Mr. justice Grose.

Reference Number: t18081130-28

28. JOHN EDWARDS was indicted for feloniously stealing on the 19th of November , thirty pound weight of snuff, value 3 l. the property of David Lange , in his dwelling house .

DAVID LANGE . I live at 25, Clare street, Clare market ; I am a tobacconist .

Q. Do you remember on Saturday the 19th of November having any snuff sent to you - A. Yes; my brother sent me thirty pounds.

Q. What is the value of that - A. I have placed it in the indictment under the duty alone; the duty is two shillings and three pence; the snuff is worth from three shillings and six pence to four shillings a pound. The snuff was in a cartridge paper bag, cased over with sheets of brown paper, and corded; it was a snuff in imitation of Dutch rappee; I received it about five o'clock in the evening; I received several other parcels at the same time; I had occasion to go out; I placed it on a cask at the farther end of my shop; I missed it on Monday morning. On Wednesday morning I saw the snuff again in the possession of Mr. Hancock the officer.

Q. Did you know it to be your own - A. I could not swear to it, but my brother could.

ROBERT LANGE I am a tobacconist, and brother to the last witness. On the evening of the 19th of November I sent thirty pounds of Dutch rappee snuff to my brother, I manufactured it, and sent him some other parcels; but I am not accurate what the other goods were.

Q. Who packed the thirty pounds of snuff - A. I fancy my porter; I merely shewed him the cask; I saw it when it was packed up, there was no directions on it; it is customary for us to put the weight on it; I am not certain whether the weight was on it or not; the porter set off with it between four and five o'clock.

Q. Do you think you should know the snuff again if you were to see it - A. I am perfectly persuaded that is the identical snuff that I sent; I saw it again on the Thursday following at Hatton Garden office.

Cross-examined by Mr. Reynolds. You gave orders at your manufactory that this Dutch rappee snuff should he made up in a parcel and sent to your brother - A. I did.

Q. How your servant made up the parcel you do not know - A. I shewed him the cask and he went with me to the cask.

Q. Did you see him make up the parcel - A. No; I saw the contents of the parcel after it was packed.

Q. Can you take upon you to say whether the parcel that you saw packed answered to this snuff or not - A. I cannot say but there may be other snuff at the bottom of the bag.

Q. You have sent out several parcels of this snuff - A. No; there was never any of that operation sent out above five pound, except that thirty pound then; and I have only sent one thirty since, and that was to my brother.

COURT. When you was at the office did you examine your snuff - A. I examined it and smelt it; I firmly believe it to be my snuff.

WILLIAM DEER . Q. Look at the prisoner at the bar, do you know him - A. Yes. On the 19th of November I saw him at the Butcher's Arms, Clare market; the prisoner and one that made his escape was in the back parlour.

Q. What are you - A. I am a shoe maker.

Q. How is the parlour situated with respect to the tap room - A. There is one door goes into the tap room, and another door goes into the passage; we were in the passage where the parlour lays to the right of the passage; it is the back room to the tap, only a partition between; I observed a large bag, I did not know what it was then, it was laying on a table on the right hand when I entered the room, and a ham on another table.

Q. Were there any body else in the room but these two men - A. No person whatever.

Q. Was the room light or dark - A. Only a fire light and a borrowed light from the tap room; I entered the tap room before I went into the parlour; I saw some suspicious people in the tap room; I said to Ekelsoe, we had better stop here and keep the door; Ekelsoe and Hancock were with me; we all went into the parlour. The prisoner made his escape from Hancock, and got into the tap room; Hancock called for assistance; we went into the tap room and Hancock was in the act of taking the prisoner from under the tap room table.

Q. What became of the other man - A. He made his escape. When the prisoner was taken he said he knew nothing about the ham or the bag.

Cross-examined by Mr. Reynolds. You have told my lord that you are a shoemaker - are you in a large way of business - A. I live at No. 9, Ormond place.

Q. Do you keep a shop - A. I had a stall then and I have now.

Q. Is that the only way you have of getting your livelihood - A. I have a situation in Queen square church of bell ringing.

Q. You do not get any thing by hunting out people, and giving information - A. No, I do not.

Q. You do not employ yourself in that sort of business - A. No, I do not.

Q.Pray then, how came you to know they were bad characters in the house - A. I knew Samuel Newman , he was once convicted for six months, I apprehended him because I saw him in the act of doing it.

Q. We will allow of this one, Newman; how came you to know all the rest - A. Because I take my particular notice to watch these sort of people.

Q. You get nothing for it - A. If there is any reward I certainly expect it for my labour.

Q. Do you not hire yourself to go and point out these people and watch public houses; is there any reward for this - A. I do not know that.

Q. You told me about Newman, can you tell me how you knew the others were bad characters - A. Knowing them to be loitering about town.

Q. Did you go in that public house when you was tired of work - A. I did not; I went in for my own curiosity.

Q. You went in for curiosity with these two officers, or what was it - A. It might be something else.

Q. What was it - are you dumb all of a sudden - A.

might be something else.

Q. What was it - I will have an answer - A. There might be people there that did a robbery.

Q. How came you to know any thing about a robbery - A. Because I had heard of it.

Q. Where did you hear of it -

Witness. My lord, am I obliged to answer -

COURT. Yes. - Witness. I had information from Hancock.

Mr. Reynolds. And you give information to Hancock - A. Sometimes.

Q. And you give Ekelsoe information - A. Very possible.

Q. Now these bad characters in the tap room might have carried these parcels in the parlour - A. Yes: I do not say he did it.

Q. And one person in the parlour escaped - A. Yes.

COURT. You did not observe that the prisoner had any communication with the tap room - A. No.

THOMAS EKELSOE . I am an officer of Hatton Garden.

Q. Do you remember going to the Butcher's Arms on the 19th of November - A. Yes, I went in the parlour; the prisoner and another man was there; I saw a bag of snuff lying on a table and a ham; Hancock and Deer were with me; all of a sudden there was a bustle in the tap room, I and Deer went out to see who they were that were getting away; we left Hancock with the men in the parlour; during the short time that we were in the passage (a minute it might be) I heard Hancock call out for me; I ran into the parlour to see where he was, and the prisoner was gone into the tap room; the other man got out of the window. I went into the tap room to Hancock, he had got the prisoner by the collar, pulling him from under the table. We took the prisoner into custody, and we took the snuff and him to the office.

JAMES HANCOCK . I am an officer.

Q. You were left alone in the parlour - A. Yes, next the stair case; the prisoner stood by a round table near the middle of the parlour, and on a table laid a ham; the snuff was on a table by the side of the room tied up in this paper, and this is the string, the top of it was open, as if it had been examined; and near it on the table sat another man, that I supposed was in company with the prisoner; no candle in the room, nor no liquor that they called for; there was a fire in the parlour. As soon as I saw the snuff I asked them what game they had been after, and smelled the snuff; one of them said nothing. I then told them I should take them in custody on suspicion of having stolen these articles. After Deer and my brother officer went out of the room I attempted to fasten the door, I was not able to fasten it. When I had secured the one that got away, I was going to search him; immediately the prisoner at the bar ran out of the parlour behind me and made his escape into the tap room; finding that, I left the other man and ran after him; in the mean time the other man escaped; which way he got out I know not. The prisoner ran out of the parlour into the tap room, and shut the door in order to shut me in; but I was too quick upon him, he had scarce time to throw himself under the table, between the legs of the other company. I seized him by the collar, drew my cutlass and drew him out: I threatened the rest of the company if they rescued him; I took him into the parlour and handcuffed him; my brother officer took him to New prison; I took the ham and the snuff; it has never been out of my custody. Carrying the snuff under my arm, the bottom of the packet fell out; I put it into this bag; that is the paper and the strings. I can swear it is the same snuff that was in the paper.

Mr. Reynolds. You say the man that made his escape was the man that sat nearest the snuff - A. He was the nearest.

RICHARD GADBY . Q. You keep the Bucher's Arms do you - A. Yes.

Q. You know very well this parlour that we have heard so much about - A. Yes. On that evening the parlour door was left unlocked for the lodgers to go up stairs; one of the lodgers complained of going in the tap room to go up stairs.

Q. Had you, or any of your family, any snuff or any ham that was deposited in your parlour - A. No, none.

MRS. GADBY. Q. Did you see the prisoner come in the house - A. No.

Q. Had you any ham or snuff in the back parlour - A. No, I did not know there was any till Mr. Hancock called me in.

The property produced and identified.

Prisoner's Defence. I am as innocent as a child unborn of what I am accused of. I trust to God and to the mercy of this court. I do not know any thing of the snuff nor of the man who stole it, I do not I declare to God.

NOT GUILTY .

Second Middlesex jury, before Mr. Baron Graham .

Reference Number: t18081130-29

29. MOSES COPELAND was indicted for feloniously making an assault in the King's highway on the 22nd of November upon Catherine Esthall , putting her in fear, and taking from her person and against her will a shawl, value 2 s. and a handkerchief, value 1 s. the property of William Esthall .

CATHERINE ESTHALL . My husband's name is William Esthall . Last Tuesday week, near two o'clock in the day, the prisoner stopped me in Maddox street, he took hold of my arm, and said I had something of his property; I told him I had not, and that I was willing to go before a magistrate to be examined if he would not use me ill; a gentleman present loosed me from his arm and bid me go about my business. I went; he took hold of me again; I told him again I was willing to go before a magistrate. I went with him as far as the middle of Argyle street, Swallow street ; there he pushed me down in the street; then he took a shawl from my neck and a handkerchief out of my hand; then he ran away; the people saw him do it, they halloaed out stop thief, catched him and brought him back to me.

Q. Are you sure he is the same person that took the shawl from you - A. I am sure of it; then we went to Marlborough street, he was committed.

Q. This you say was at two o'clock in the middle of the day - A. Yes.

Q. I think you say there was a gentleman that loosed you from him - A. Yes, he would have broke my arm if he had not.

Prisoner. Do you not remember drinking with me at the Green Dragon in Swallow street - A. No. I never saw him before.

Q. I wish to ask whether I was not in liquor - A.

He was not to my knowledge.

HENRY GIBBS . Q. Did you see any of these parties - A. Yes; the first time I saw them they were standing at the door of a public house; the prisoner was saying to her that she had stole a pair of stockings; she denied it.

Q. Did they appear to you to be acquainted - A. No. The man said he would take her to Marlborough street to have her examined; she said she was very willing to go; then he walked by the side of her; going along he pulled her down; he snatched the shawl off her neck and ran away.

Q. Did he take any thing out of her hand - A. I did not see him. When he ran away I followed him down Swallow street, I cried stop thief; the officer stopped him.

JOSEPH BRIANT . As I was going down Prince's street I met the prisoner running round the corner of Hanover square, I saw him take the pocket handkerchief from his hat and throw it down an area in Prince's street; somebody cried stop thief; he run into Swallow street, into a stable yard, and the constable took him.

SAMUEL PLANK . Q. Are you a constable - A. Yes. On the 22nd of November I was in Swallow street, I saw the prisoner run into a stable yard in Swallow street, where I took him. The witness Richardson gave me the shawl; after the examination I went back and found the handkerchief where the witness described.

THOMAS RICHARDSON . I was going down Swallow street, towards St. James's church; at the corner of Maddox street, I perceived a man pulling a woman very roughly; I crossed over the way; he then had hold of her by her left arm, which he endeavoured to twist round, swearing at the same time that he would break her arm; I asked him what the woman had done that he was using her so ill in that way; he said she had stole a pair of stockings from him at the Green Dragon public house, at the corner of Maddox street; she said she had not; I told him if he thought she had got them to get a constable and have her searched; he seemed to be very much in liquor; he still persisted in saying that if she did not deliver the stockings up he would break her arm; the woman seemed to be in great pain, and a gentleman who was present seized him by the collar, loosed his hand from her arm, and told her to go about her business. She went as far as the end of Hanover street, when the prisoner followed her, seized her again, brought her to the Green Dragon door, and endeavoured to go into the house, but the landlord of the house pushed him out, and said he would have no more of him: then I told him he had better take the woman to Marlborough street; she said she was willing to go any where before a magistrate. They went down Swallow street into Little Argyle street, where I lost sight of them; I went down Swallow street to where I was going; I stopped to speak to a person at the end of Conduit street, and happening to turn my head, I saw the prisoner running down Swallow street, he had got a something in his hand that appeared like a shawl that the woman had upon her neck; I saw the witness Gibbs running after him, I pursued him down Conduit street, I overtook him in Maddox street; I asked him what he had done with the shawl that he had in his hand, he said if you will go into that house we will have something to drink, and I will tell you all about it; I told him I would not; he immediately darted across the street and ran up Swallow street into Hanover street, Hanover square, crossed Hanover street to the door of Hanover square room; there he took the shawl from his hat and threw it down that area; he ran across Hanover square, turned up Prince's street, there I lost sight of him; I did not see any more of him till I saw him in the hands of Mr. Plank, the constable; I stopped at the door of Hanover room, and the man brought me the shawl out of the area, and I delivered it to Mr. Plank.

Plank. I have got the shawl and handkerchief; I received the shawl from the witness Richardson. The handkerchief was thrown down the area at the corner of Prince's street, Hanover square; I saw it there; I asked Mr. Elliot's servant to bring it me; he did.

The property produced and identified.

Prisoner's Defence. The woman and me were drinking at the Green Dragon in Swallow street, I had a new pair of stockings in my hat on the bench; I went out to make water; while I was gone she ran away with the stockings; they cost me two shillings and nine pence; the people in the house told me to run and fetch her back; I ran and overtook her in the street; I catched my hand upon her shoulder, and the shawl came off in my hand; she drawed a mob of people around me; I set off and run down the street, I threw the shawl down the area; the people ran after me, I was very much in liquor: the constable met me in the street and took me to the office. The woman had been asking me to go home with her before; I was to give her half a crown to stay all night.

Plank. I think it my duty to state that the woman was in liquor at the time; I do not think she hardly knew what she was doing of.

Q. Why did not you state that in your examination - A. I thought you would have asked me; it did not strike me till I got down.

Q. to prosecutrix. You have heard the account that the prisoner has given - how much of that account is true - A. It is a false account; I am a married woman. I have had ten children. I had only part of one pot of beer that afternoon, that was not with him; he came in the house just as I was going out.

GUILTY , aged 24.

Of simple larceny only.

Transported for Seven Years .

Second Middlesex jury, before Mr. justice Grose.

Reference Number: t18081130-30

30. BRIDGET MACKALLISTER was indicted for feloniously stealing on the 21st of November , in the dwelling house of Edward Conway , a wooden box, value 1 d. and a ten pound bank note, his property .

CATHERINE CONWAY . I live at No. 2, Coleman street, Shadwell ; my husband's name is Edward Conway . On the 21st of November, about five o'clock in the afternoon, the prisoner called on me; I asked her to go up stairs and make my beds; I delivered the key of the room to her; she went up and made three beds; the door was locked when she went up, and she locked it when she came down.

Q. How long was she up stairs - A. About a quarter of an hour, then she came down and went home.

Q. Had you any money up stairs - A. I had a box containing a ten pound note; I put it between the bed and the sacking; my marriage lines were in the box; I had seen the money the night before, and the

d being made, I did not miss it till the next morning; I en looked for my box; it was gone, with the ten pound note, four duplicates and my marriage lines.

ROBERT BROWN. Q. Either this good woman or her husband applied to you - A. The husband did. On the 24th, we saw the prisoner in the street; she took me home to her lodgings, I searched the lodgings but found nothing; I then searched her pockets, and found some silver and some halfpence. Conway told her to give him the note, he wanted nothing more of her; she positively declared she knew nothing of it: I saw the prisoner very uneasy, she wanted to put her hand into her bosom; I told Conway he had better go out of the room, I would search her; she put her hand into her left bosom; Mrs. Stevens was in the room; she pulled her hand out and put it behind her; I pushed her hand backwards to open it; in her hand I found two one pound notes twisted up in this piece of rag; I asked her what had become of the rest; she said she did not know; she was in liquor, she might have lost them.

Mr. Andrews to Mrs. Conway. You are sure it was a ten pound note you put in your box - A. Yes.

The prisoner left her defence to her counsel, called four witnesses to her character.

GUILTY , aged 30.

Of the larceny only.

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

Second Middlesex jury, before Mr. Baron Graham .

Reference Number: t18081130-31

31. TIMOTHY WALDON was indicted for feloniously stealing on the 21st of October , seventy five yards of swansdown, value 30 l. and fifteen yards of toilinet, value 5 l. the property of Henry Dibben .

HENRY DIBBEN. I am a innholder : I know nothing of the transaction; it came to my inn.

JOHN WATTS . I am a porter to Mr. Dibben. On the 21st of October, about one o'clock, I put the truss in Mr. Dibben's cart, in his yard Basing lane; I went to a printing office in Bartholomew close , and delivered a paper parcel there; when I came out I missed this truss out of the cart; it was directed to Divett and co. Smithfield, London; it was a large truss in a coarse wrapper; I saw the truss in the cart before I went into the printing office.

Q. What time of the day was it when you went to Bartholomew close - A. It was about a quarter to three when I missed the truss; I only left the cart about five minutes.

JAMES CURTIS . I am clerk to John Oldham of Bristol; I know that John Oldham on or about the 13th of October, received the truss of goods; when the truss of goods were opened, that part of the goods that were approved were kept; the part not were returned to Divett and co.

Q. It was sent by the carrier, was it - A. Yes.

MANOUH KIRBY. I am porter to John Oldham of Bristol; I delivered the parcel on the 14th of October, at Beaumont's warehouse to Thomas Morgan, Broad mead, Bristol, to go to Divett's and co. London.

Q. What became of this parcel - A. It was lost in London.

WILLIAM CHAMBERS. I am warehouseman to the house of Divett and co.; I cut a quantity of goods and sent them to John Oldham , Bristol, on the 6th of October; they were received by them; they sent a part of them back, which we have never received; I know them to be the identical goods that we sent off.

GEORGE DANIEL . I am warehouseman to Mr. Rowland, Rebeck and co. woollen manufactures. In October last, an officer of Worship street came to our house, No. 19, Cateaton street, with several patterns of waistcoating; the patterns were left; when I came home I saw and knew them to be of our manufactory; I went to the office the day following, I knew the goods to be sold to Divett and co.

JOHN ARMSTRONG . I am an officer. On Friday, the 21st of October, about a quarter before six in the evening, I was out with Bishop, Vickery and another; I and Bishop was at the corner of Hounsditch; I saw the prisoner with this truss on his back upon a knot; I asked him if he was employed to carry that load; he said yes, he had brought it from the Scotch Arms in Little Britain; I asked him if he knew the man that had delivered it him: he said he should not know the man, he was a short man, and he was to carry it to one Barnet, the first court of the left hand side of Houndsditch; I told him to walk along with me; he readily walked along to the public house next door to our office; going along he said he did not know the contents of the truss; but when I opened it I found it contained those waistcoat pieces; I said then I must detain you to see whether I can find an owner for these goods; we advertised them, and waited upon a number of shops with little pieces of them. Mr. Divett, in Smithfield, knew the goods; the man was committed; the next time he came up the magistrate took two housekeeper's words for his appearance on a future day; the man appeared; then there was an owner for the goods, and the magistrate thought proper to commit him.

DANIEL BISHOP . I know nothing more than what Armstrong has stated; I was in company with him on that night; Armstrong laid hold of him, he asked him where he brought the load from; he said the Scotch Arms in Little Britain.

Q. Where was it you met him - A. At the corner of Houndsditch; he was going to the first court on the left hand side in Houndsditch, to one Barnet.

Cross-examined by Mr. Smith. Did you go to the Scotch Arms - A. No.

Q. Did you go to that house in the court - A. We did not.

JOHN VICKREY . These are the goods that was delivered to me; the prisoner said he recevied the goods at the Scotch Arms, from a man at the block; he said he did not know him, that was the reason we did not go; I knew Barnet too well to ask him any questions; he lived in the next court. The prisoner said he did not know Barnet.

The property produced and identified.

Prisoner's Defence. I was standing at Mr. Sharp's drinking a pint of beer; Mrs. Sharp came to me about five o'clock in the afternoon, she said Mr. Sharp has got a parcel for you to take to Houndsditch; I took the parcel, and coming along to Houndsditch I was stopped.

Q. Where is Mr. Sharp - A. He is out of the way.

ELIZABETH SHARP . I keep the Scotch Arms in Little Britain; my husband is out of town, he went out of town on Tuesday morning last; he is gone to Goding in Chester. I know the prisoner, he is a very honest man; he is a porter to any body that employs

him; he was a watchman; if any body asked for a porter I should have recommended him; he has a knot at my house.

Q. Do you remember any day that you saw him take a load from your house when you husband called him - A. I do not.

COURT. What is your husband - A. A publican and dealer in horses, and a fellowship porter.

Q. When did you hear of the prisoner being in custody - A. I cannot say but I have heard of his being in custody; I hear a great many things that I am not obliged to listen to.

Q. When did you hear of it - A. I cannot exactly say; he was nothing to me.

Q. That will not do, you must not shuffle with me - when did you hear he was in custody - A. I do not know.

Q. How soon after he was in custody did you hear of it - A. Three or four days.

Q. That was in October - your husband must know of it, because he went out of town on Tuesday, just at the time of the sessions - A. Not upon that account.

Q. I did not ask upon what account - you must have heard of this in October, now we are in December; he went out of town last Tuesday, the 29th of November; these are the dates - You did not see any particular bundle given to the prisoner - A. No.

Q. The prisoner takes loads - A. No: he takes no loads.

Q. What is the prisoner - A. He is a watchman.

Q. You told us just now he was a porter, he had a knot at your house; you know that nobody in the city can take loads but a fellowship porter - A. No, I do not know, upon my honour.

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

GUILTY , aged 48.

Transported for Seven Years .

London jury, before Mr. Recorder.

Reference Number: t18081130-32

32. THOMAS M'CARTHY was indicted for feloniously breaking and entering the dwelling house of Meredith Price , no person being therein, on the 16th of November , about the hour of four in the afternoon, and feloniously stealing two sheets, value 16 s. two coats, value 2 l. a pair of breeches, value 5 s. three pair of buckles, value 2 s. two shirts, value 10 s. 6 d. three waistcoats, value 15 s. four pair of stockings, value 5 s. and three handkerchiefs, value 1 s. his property .

MEREDITH PRICE. I am a labouring man ; I live at No. 7, Brown's buildings, Princes street, Rosemary lane .

Q. When did you lose these things - A. On the 16th of November, from my own house; no person was at home.

Q. Were you the last person that went out - A. No, my wife; she was at home when I went out. I went out a little after seven in the morning; I returned a quarter before five in the afternoon; when I came home this man was detected.

MRS. PRICE. Q. You are the wife of Meredith Price - A.Yes. I went out about eight o'clock in the morning to my work; I work at slop work.

Q. Who did you leave in the house - A. Nobody at all; I have three children, but they were at school; my two lodgers were at home when I went out; they were not at home when I returned, about ten minutes after four in the afternoon.

Q. What are your lodgers names - A. Mary Qui and Patience Dumpley . When I came home I put the key in the door, I wondered it did not open it well; I unlocked it; I found the fire tongs against the door on the ground, and a hammer and a gimlet on the table; I said I had been robbed; I gave the alarm to my neighbours; a neighbour came to my assistance I thought the property could not have gone out of my place without their seeing it: I went down in the cellar with a candle: I found something in the cellar a of a heap; I lifted up the skirts of his coat and found it to be the prisoner; he pushed me of one side and ran up the cellar stairs; I called for assistance; he knocked me down; a person came and took him; he said do not hurt me, I have got the property on me he had got my husband's breeches on him, and the two coats, and the other things were in the cellar; he went and shewed the gentleman where he had concealed them.

Q. Part was found on him and part in the cellar - A. Yes.

Q. Did you know him before - A. Yes, I knew him a twelve month before, lodging in the house right opposite; I left him in charge of this man while I got an officer.

WILLIAM LUCAS . I am a labouring man; I live at No. 9, and Mrs. Price lives at No. 7. On the 16th of November, Mrs. Price came into my room; she said she had been robbed since she had been out to work in the morning, and asked me to lend her a light to go down in this cellar; she took the light and went down.

Q. Did you go with her - A. No; she went by herself; in about five minutes she cried out stop thief; I went to her assistance; I found her extended upon her back in the entry; the prisoner was making his escape out of the entry; I laid hold of him; he punched his head in my breast and shoved me across the channel; I held him and called for a light; when the light came I saw he had a coat on that belonged to Mr. Price, and a waistcoat under his arm, and a pair of Mr. Price's breeches on him likewise. The neighbours in the court came round; he seemed rather shy, because living in the neighbourhood some time back; he wished me to go into the house; I did; he asked me then to go down in the cellar to shew me where the stolen property was concealed; after I got this bundle I asked him if there was any more; he said yes; he took me to another part of the cellar; under the cellar stairs there was another bundle, and a coat lying on the top of the bundle; I took the two bundles and the coat and gave them to a neighbour, and desired her to keep them till Price came home, to know whether they were his or not. Some time after he gave me these small clothes off him, and said they belonged to Price. Price came home in about a quarter of an hour; he said they were his small clothes. I gave them up to the officer.

FRANCIS KINNERSLEY . Q. You are an officer - Do you know any thing more than producing the property - A. Yes; I searched him and found this pair of stockings secreted in his small clothes. There was a lattice over the door; this pair of stockings and handkerchief were tied together to assist him getting up,

and through the means of a chair, he got again through the window over the door. I judge so because there was no other way to come out; the door was fastened.

(The property produced and identified.)

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

GUILTY , aged 18.

Of stealing to the value of thirty nine shillings, not of breaking and entering the dwelling house.

Confined One Month in Newgate , and whipped in Goal .

London jury, before Mr. Recorder.

Reference Number: t18081130-33

33. JOHN THORN was indicted for feloniously stealing on the 25th of November , a deal board, value 10 s. the property of Stephen Ponder and Nathaniel Ponder .

MR. PONDER. I am a carpenter , No. 19, Billeter lane . I know nothing of it myself.

SAMUEL BURN . I am a carpenter. On the 25th of November, between eleven and twelve o'clock in the morning, the prisoner came into my master's yard and asked me to go and drink with him, which I refused; he came again, the second time, and asked me the same question; I told him, no; then I saw no more of him till about three or four in the afternoon. I heard a rustling in the pit; I got up from my business where I was, I saw him going down the yard with a deal upon his back; I followed him and asked him what he was going to do with it; he said he was going to have it cut; I asked him where he was going to have it cut; he said he did not know, a person ordered him to take it away, he was going to have four cuts in it; I said, very well, you know what you are going to do. It was a fourteen feet three inch plank. At the bottom of the yard are two iron gates; when he came there, I said, I think you have carried this deal far enough, you may as well rest it here; he said, Samuel, will you go and have a glass of gin; I said I do not care, let us have something to drink; he went out of the gate and I at the back of him; he wanted to go over to the Falstaffe liquor shop; I said I did not like to go there, I did not like the people nor the stuff they sold, if he would go to the Pigeon public house, I would go with him; I got him in the Pigeon public house, I followed after, and set my back against the door when I got him in; when he found my back against the door he thought himself taken, he rather tustled with me to get out; I told him it was of no use to try to get out, I was upon my guard, he should not go; he tried the second time; I collared him and shoved him against the chain; we had two or three ups and downs. There were five or six people in the tap room, they did not assist me. I kept my hold till Tipper, the officer, came and took him.

Prisoner's Defence. Mr. Ponder's sawyer, the top one, asked me to help to take the deals home with him; I said I did not care; he said they lay along side of the pit; I went and brought one out and laid it in the street; he told me to go and take the others out; I went into the yard; Mr. Ponder's and Mr. Beazeley's men were there; I took out the plank; this man followed me; when I found myself in an error I was surprised, I did not know what I did; I might ask him to have some gin.

Q. to Ponder. Had this man any right in your yard - A. None at all.

Q. Had any body any right to take any deals out of your yard - A. No.

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

GUILTY , aged 37.

Confined One Month in Newgate , and whipped in Goal .

London jury, before Mr. Recorder.

Reference Number: t18081130-34

34. JAMES HARDY was indicted for feloniously stealing on the 11th of November , a silver snuff box, value 2 l. the property of Thomas Imeson , from his person .

THOMAS IMESON . Q. What are you - A. I am a tobacconist in Shoreditch. On the 11th of November I attended the meeting of the freeholders for the county Middlesex, at the Mermaid tavern, Hackney , I got there previous to the sheriff's arrival, and was in the room some time; I had with me a silver snuff box, and after the business of the day had commenced and the debates were going on, I put my hand in my pocket in order to take some snuff; I could not find my box, it was missing; I examined the pocket, I found it had been cut by some some sharp instrument. It struck me that I would go out of the room to the waiter and get a constable, if I saw any suspicious characters I would have them taken up. While I was requesting the waiter to get me a constable; Mr. Bell, the high constable, came up, and said he was sufficient; a person came up to me; from his information I went to the mistress of the tap; I enquired if a snuff box had been left with her; she said, yes; I looked at it and desired that the person might be taken in custody if he came after the box; after I had been in the room a short time, a messenger came and said the gentleman had come for the box; I enquired of the prisoner if the box was his; his answer was, that he found it; I asked him where; he said near the sheriff's carriage as he was going into the room; I told him I was robbed of it, I did not know where he might find it. I then gave him into the custody of Mr. Bell.

MARGARET ANDREWS . Q. You keep this house, I suppose - A. I keep the tap belonging to the Mermaid, Hackney. The prisoner came to me at my bar; he asked for a glass of gin and water; he sat down in the parlour about ten minutes. The sheriff's footman came in, and he set in the room a quarter of an hour after the sheriff came in; he asked me if I had any snuff; I told him I had none; he asked me the favour to get him half an ounce, he gave me the box to put the snuff in, and said he would call for it; then he went away. When Mr. Imeson came up he asked me to let him look at the box. When the prisoner came for the box the prosecutor and Mr. Bell came forward and asked him if it was his box; he said, no, he found it.

Cross-examined by Mr. Knapp. Was there any thing the prisoner did respecting this box that any person might not have done - was there any thing that created suspicion in your mind - A. No; he said he found it in the yard.

MR. BELL. I was ordered down there; I met with Mr. Imeson; he said he had lost his snuff box; the prisoner came and demanded the snuff box; Mr. Imeson gave him in my custody; he said he found it; I

searched him, I found a pair of scissars.

NOT GUILTY .

First Middlesex jury before Mr. Recorder.

Reference Number: t18081130-35

35. THOMAS CANNON was indicted for feloniously making an assault in the King's highway, upon Joseph Butter on the 8th of August , putting him in fear, and feloniously taking from his person and against his will, an half guinea, and a bank note, value 10 l. his property .

The case was stated by Mr. Gurney.

JOSEPH BUTTER . Q. I believe you are in the employ of Mr. Wirgman, St. James's street - A. Yes.

Q. He is a jeweller and goldsmith - A. Yes.

Q. On the night of the 8th of August, were you going through the Park from Spring gardens to Cleveland court - A. Yes.

A.Then you entered the Park from Spring gardens - A. I entered from Charing cross.

Q. That is Spring gardens - A. Yes, and I went out at the Palace. When I entered the Park I think it was ten minutes to a quarter of an hour after ten; I proceeded through the Park.

Prisoner. The gate is locked at ten, therefore it could not be after ten.

Mr. Gurney. You proceeded through the Park - A. Yes; I proceeded leisurely through the Park, and took a seat on a bench, situated between the avenue leading into Pall Mall and the stable yard. There were other persons sitting on the bench.

Q. What sort of a night was it - A. A fine moon light night, warm and remarkably clear. After being seated a few minutes the prisoner came to the same bench; the other persons seated were in conversation, they talked on subjects of the day, and volunteers were spoken of; the other persons soon left the bench; the prisoner remained, he said he was a member of a volunteer corps; he belonged to Marybone corps; in conversation he familiarly tapped me on the shoulder, he said he should like to see me at his house, as he was a butler in a gentleman's family near Manchester square; that he had the keys of the wine, and could give me a glass of good wine, if I would call on him; I said certainly not; he added that many respectable men came to see him; that as to my appearance looking like a gentleman, I might conceal my watch chain and seals in order that the persons who let me in, might not make any particular observation; he then invited me to take a walk with him; I immediately suspected some improper intention on the part of prisoner, and fearing that he might follow me in the street, I appeared to acquiesce; I desired him to walk forward toward Buckingham house with hope that I might elude him; the prisoner would only advance at a short distance.

Q. Did he go on towards Buckingham house - A. He did go on, and I followed him; being moonlight the prisoner always had me in view; I proceeded on some time, the prisoner stopped till I approached him; I then, when arrived at Buckingham house, desired him to go forward, to I believe it is called Constitution hill; a road that leads towards Hyde Park corner; he remained at a very short distance from me.

Q. He did advance but kept a short distance before you - A. Yes; I met a man cominging from Hyde Park gate; I enquired of the man.

Q. If the prisoner did not hear what past between you and that man we must not hear it - I believe you spoke to the man - A. Yes; I walked on; the prisoner came up to me seeing, me stop to speak to the man.

Q. On seeing you speak to the man he turned back again - A. Yes. I directed the prisoner to go forward some distance and that I would come to him; when we were at the distance of about thirty yards I crossed over the road under the shade of a row of trees, thinking to elude the prisoner in the shade and to return back to the Park unobserved by him. A soldier entered from Hyde park gate, came down the road near to the spot where I was; I proceeded on towards him, towards St. James's Park.

COURT. You returned back again - A. I returned back a short distance before the soldier; the prisoner observed me, turned round and followed at some distance nearly opposite to Buckingham house; the soldier went towards Buckingham gate; the prisoner then came up to me and said shall we retire, and wished me to take a hackney coach with him; I swore at him and threatened to knock him down if he did not leave me; he said he could not part with me so soon, that as I was a nice man, he should like to have connexion with me; I renewed my threat, when he seized me by the arm, and said by virtue of his office, at the same time producing something from under his coat that had the appearance of a constable's silver staff; he said his name was young Sayers, an officer of the police, Bow street; he said if I made any resistance he should whistle and bring other constables to his assistance; if I would not accompany him quietly he would lodge me in the watch-house, in charge of an intention of committing an unnatural crime, and desired to know my address; he said he had some knowledge of my person, that he had seen me on guard at St. James's, that he was sure I was an officer in the Guards. He said if I would behave generously the business should be hushed up, and insisted in knowing who I was and where I resided; I had no hesitation to inform him my residence.

Mr. Gurney. Where was that - A. At the stable yard. I told him my residence was in Cleveland court, St. James's.

COURT. That you told him - A. Yes.

Mr. Gurney. In what state of mind were you in at that time - A. I was much agitated at the charge of a crime of such a nature.

Q. When you informed him of your residence in Cleveland court, what then - A. He insisted upon having proof that I lived there; I took him to my apartment.

Q. Your wife, I believe, was not at home - A. My wife was in the country.

Q. Did you give him your name and your employment - A. I did.

Q.After you got to your apartment was any thing said - A. I was going to observe.

COURT. Did he go up to your apartment - A. Yes; he went into the house into my own apartment, into the room adjoining my bed room; he then enquired what I could do for him to avoid the unpleasant exposure which would have been the consequence of his giving me in charge; I replied, I did not know what he would require; the prisoner said he must have fifty pound; I stated that I had no such sum, and that he might do with me as he pleased; he then demanded

what I could do for him, and he lowered his demand from fifty to thirty, and twenty, and to ten pound, and persisted that if I did not comply he would take me away and lodge me in the watchhouse for the night; I told him I had not so much money by me; he observed that I could get money in the neighbourhood, he had no doubt I could procure it of the proprietor of the Queen's larder, St. James's tavern, called the Queen's larder, to which I objected; he then noticed my watch chain, and seals, these that I now wear, and that I might obtain money on my watch, chain, and seals; I observed at that late hour it would be very unlikely I should succeed; but as I knew Mr. Alder's in Berwick street I would go and try to obtain ten pound; I went Previous to my going out with the prisoner he required something to drink; he asked if I could give him some liquor; I did give him brandy, I believe; it was spirits; he drank two glasses; there was a Morocco liquor stand with four bottles; he took two glasses of some liquor, it might be mixed. I then went out with him and went towards Berwick street; at the top of St. James's street, Piccadilly, I took a coach.

Q. Did he get in with you - A. Yes; I drove to Berwick street, to the house or near the house of Mr. Alders'; on my enquiry at Mr. Alders', I was told that he was gone to bed.

Q. Did you call Mr. Alders up - A. I did; he got up.

Q. Did you obtain a ten pound bank note in exchange for your watch - A. I did; the prisoner was waiting my return.

COURT. Did you deposit your watch, and watch chain, and seals - A. Yes. When I came out I found the prisoner near the door; he demanded if I had succeeded in obtaining the money, and how much I had got; I told him that I had got ten pound; he said that I might have asked for twenty pound. He then said it was an unpleasant business, he took the ten pound note of me, I gave it to him; he said I should hear no more of it, but at that moment he enquired if I had any more cash about me; I had a half guinea, which he demanded.

Q. You told him you had only half a guinea - A. Yes; he demanded that; I begged him not to take it from me; he renewed his threats, that if I did not give it he would call the watchman to assist him; I complied and gave him the half guinea. He then said the business should be buried in oblivion, and that I should hear no more of it. He then left me; I returned home.

Mr. Gurney. Now, Mr. Butter, what did you part with the bank note and the half guinea for - A. Because I felt the dread of an accusation of that sort, and to get rid of a charge which my mind recoiled at, the reflection of which would have placed me, I considered, in the situation of a criminal - which would have exposed me to a public bar.

Q.Did you act under that fear, and under that fear alone - A.Under that fear only.

Q. On what day was the prisoner apprehended - A. He was apprehended on the 31st of October.

Q. A fortnight before that, had he called upon you - A. He called upon me on Thursday, the 13th of October, while I was dining with my wife and family, he then came to my apartment and enquired of my servant for me; I was called down.

Q. Did he then make any demand of money from you - A. He did.

Q. How much - A. Two guineas. He told me he was going to Portsmouth, that he was dismissed from the police office, in consequence of his being off duty on the night of the 8th of August, not having accounted for his absence; I desired that he would leave the house, that I would not give him a single shilling. He was loud, and threatened me with abusive language, that he would expose me. I insisted upon his leaving me; I took him by the arm to the door and pushed him out.

Q. After this time did you go to Bow street to make a complaint - A. I did.

Q. What day did you see him next - A. The next day that I saw him, was the day that he was taken in custody, the 31st of October. He came to me at my place of business, at Mr. Wirgman's, in St. James's street.

Q. Then, I believe, you sent for an officer and secured him - A. I did, sir.

Cross-examined by Mr. Alley. The prisoner desires me to ask a question of you, whether you do not know the usual hour the gates are locked - A. I know the hour, I believe the gates are locked at ten o'clock, but not always correct to a moment.

Q. You had been quite a stranger to him - A. Entirely. I had never seen him before.

Q. You reside in Cleveland court - A. I do.

Q. You say when you sat upon the seat there were a number of persons in conversation - did you give them any conversation - A. I believe there were two others, and, I believe, I joined in the conversation; who they were I do not know.

Q. When he proposed to you to take a walk after these persons went away, you went; you felt a little alarmed, and suspected that all was not right - you were desirious to get away - A. Yes.

Q. You desired him to walk on towards the Queen's house - A. I did.

Q. This was in the middle of summer - in August - at that time there was a great many people walking in the Park and soldiers upon guard - A. There were centinels, I believe, upon guard.

Q. You did not communicate your alarm to any person - A. No, I did not.

Q. Therefore you did not require the assistance of any of them to make your escape from the prisoner - A. No, I did not.

Q. You say he walked on towards Constitution hill, towards Hyde park - A. Yes.

Q. Then he turned back when you went in the shade - what do you mean by the made - A. The shade of the trees in the Park; the moon being up, and the trees afforded a shade; I did not go among the trees, I went into the shade caused by the trees.

Q. At this time no threat had been made against you - A. None, sir.

Q.You suspected that he meaned to rob you, I suppose - A. I suspected some improper intention.

Q. Why did you not communicate it to some of the people that were walking there - A. I acted under the impulse of the moment, at that time expecting he would not leave me; he was close to my elbow.

Q. He was before you, you said some yards - A. At times.

Q. After that he said he was an officer and made

this charge - A. After that.

Q. After some time you arrived at your own house - A. I did.

Q. I think you said you were a lodger - A. I am a lodger.

Q. Was there any other gentleman that lodged in the house - A. I believe there was.

Q. At that time - A. I am not quite certain whether there was any one or no about that time; there was a gentleman, a captain Marsdon.

Q. Is the house kept by a man or a woman - A. The house is kept by a woman.

Q. I do not suppose you keep a man servant - A. I do not.

Q. Did you make any enquiry afterwards to know whether captain Marsdon was there - A. I did not.

Q. You left the house and went for the purpose of getting ten pounds - A. I did.

Q. The watch was set at this time - A. Certainly at that hour.

Q. And at that hour there were several coaches on the stand - A. There were.

Q. You went in a coach to Berwick street - A. I did.

Q. Did you communicate it to the pawnbroker whom you know - A. I did not.

Q. Nor did you ask his assistance, nor the assistance of any individual - A. I did not.

Q. The man you left at a distance from the house when you went in Mr. Alder's - A. The man I left at the corner of Mr. Alder's house.

Q. How long were you in the house - A. I imagine fifteen minutes; I waited while he got up.

Q. It was quite an unusual time, and after the time the act of parliament mentions - A. It was; it was from the knowledge that he had of me that I made the request.

Q. It was after that, when you returned in the street, when you gave him the ten pound note that he made a demand for the half guinea - A. It was.

Q. Did he make use of the same threat. -

COURT. At the time you gave him the half guinea did he threaten you of the same thing - A. Unless I gave him the half guinea, or unless I complied with giving him the half guinea, he would place me in the watchhouse.

Mr. Alley. Not precisely making use of the same terms - A. I thought so.

Q. He said he would put you in the watchhouse if you did not comply - he did not make the same charge - A. I concluded so.

Q. He afterwards called at your master's house - A. He did.

Q. This is two months since - A. Near ten weeks.

Q. You communicated it to no person - A. When I thought it was right to have him apprehended I communicated it to a friend.

Mr. Gurney. When he demanded the half guinea you say he did not repeat the whole language that he made use of in the Park - had he made any charge to put you in the watchhouse after that - A. None.

Q. You went to Bow street, you have told me before, shortly after the 13th of October, when he came to you - A. Yes, immediately after that.

COURT. You tell us you have given the money in the way you have stated it - was it under the immediate danger of being taken to the watchhouse - A. Under the immediate danger of being taken to the watch-house.

Q. If it had not been for that impression you would not have parted with your money - A. No.

Q. You have said you parted with it under the impression that the prisoner meaned to prefer the charge against you, which he had first held out and threatened you with, and because you felt the dread of an accusation of that sort, and to get rid of that charge which he had made against you - but your expression now is, that he would immediately take you to the watchhouse - A. It was.

Q. Did you at that moment apprehend that he would take you by force - A. I did.

Q. Take you by force where - A. To the watch-house.

MR. ALDERS. Q. I believe you are a pawnbroker in Berwick street, Soho - A. I am.

Q. Do you know Mr. Butter - A. I have known him some years.

Q. On the night of Monday the 8th of August did he come to your house after you were in bed and call you up - A. He did, on the 8th of August; he came to my house between eleven and twelve, I was in bed, the watch was sent up.

Q. Did you exchange for his watch, chain, and seals, a ten pound bank note - A. I did.

COURT. You got up did you - A. I did.

Q. In what state of mind did he appear to you to be in - A. He was in great agitation: he sat with his hand upon his knee; he told me he was very sorry to come at that time of night; I told him it was an unusual hour for him to come.

Mr. Gurney. You say he seemed in great agitation, you gave him a ten pound bank note, and took his watch, chain, and seals - A. I did; I gave him a ten pound bank of England note.

Q. Did he then quit your house - A. He did.

Cross-examined by Mr. Alley. I take it for granted if he wanted your assistance you would most readily have given it him - A. I would most assuredly; the watchman sat at my door; Mr. Butter seemed very much agitated.

WILLIAM ANTHONY . Q. You are an officer of the police office, Bow street - A. Yes.

Q. On the 31st of October were you sent for by Mr. Butter to Mr. Wirgman's - A. Yes; I halted in St. James's place, in a coach; Mr. Butter came to me, he told me to wait a few minutes; I think it is Cleveland court he went to; Mr. Butter in a few minutes came up and the prisoner followed him in St. James's place; then I apprehended him.

Q. Did you know the prisoner - A. I did not know him before.

Q. Is his name Sayers - A. No, his name is not Sayers.

Q. You have been long an officer of Bow street - A.Yes.

Q. Is the prisoner an officer of Bow street - A.No: I have belonged to the office fourteen years.

Q. Is there an officer of the name of Young Sayers there - A. There is an officer related to Old Sayers; his name is Limbrick; he is commonly called Young Sayers ; he is half brother to Sayers.

Prisoner's Defence. I wish to state as far as this;

Mr. Butter, in his evidence before Mr. Read, said he returned from Windsor, and that he came into the park Constitution hill way; he now mentioned that he came in twenty minutes after ten at Spring gardens gate. Mr. Anthony knows that Spring gardens gate is locked at ten o'clock.

Mr. Gurney. In his deposition before the magistrate he has stated that he entered the park at Spring garden gates.

GUILTY - DEATH , aged 38.

First Middlesex jury, before Mr. justice Grose.

Reference Number: t18081130-36

36. THOMAS CANNON and JAMES CODDINGTON were indicted for feloniously making an assault upon Joseph Butter , on the 9th of August , putting him in fear, and taking from his person and against his will, a bank note, value 10 l. his property .

The case was stated by Mr. Gurney.

JOSEPH BUTTER . Q. I believe you have the management of the business of Mr. Wirgman in St. James' street - A. I have.

Q. On the 9th of August did either of the prisoners at the bar come to you at Mr. Wirgman's - A. Coddington, the prisoner at the bar, came to me soon after nine o'clock in the morning, at the house of Mr. Wirgman, and enquired for Mr. Butler; I told him my name was Butter; he said that Sayers was waiting for me in St. James' place.

Q. That is close to Mr. Wirgman's - A. Adjoining; Mr. Wirgman's is the corner house; that he wanted to see me on the business that occurred the preceding evening; I went into St. James' place, leading to Cleveland place, my residence; I there found Cannon, and not to talk in the street I took him to my apartment in Cleveland court; the prisoner Cannon stated that he had been discovered absent from his duty in the park the night before, that he was obliged to account to the other officers on duty, and who claimed a share of the ten pounds that he had received from me, and that he was also obliged to state to the other prisoner Coddington, his absence.

Q. By what name did he describe the other man - A. Wilkinson; stating that the other man, Coddington, (calling him Wilkinson) was an assistant clerk to the police office, Bow street, and that they required ten pounds more of me, or that they must prefer the charge which Cannon the night before had threatened me with.

Q. In the course of the conversation was it at all stated what that charge was - A. No, I believe not.

Q. Now I must ask you what was the charge which Cannon had made on you the night before - A. The charge the night before that Cannon made was, that he should charge me with having committed an unnatural crime. Not having ten pounds, I told them they must give me time to procure it.

Q. What induced you to give any compliance to their demand - A. The apprehension of the threat which Cannon had made the night before of making that criminal charge against me.

Q. You told him that you had not ten pounds then - A. Yes, but I would procure it by the next morning. I made an appointment with them for the next morning, to meet them in St. James's square at nine o'clock. The prisoner Cannon asked for some liquor, which I gave them some at my own apartment; they then went away.

Q. That night did either of them, or both of them, come to Mr. Wirgman's - A. At a few minutes after nine that night they came to me at Mr. Wirgman's, at the moment I had secured the door of the shop; I was left in care and possession of Mr. Wirgman's property in his absence, having that morning left town for Brighton, to spend a month or six weeks there. The prisoner, when the door was opened to him, came into the house passage, and said they were come to me again.

Q. Which of them spoke - A. I cannot take upon me to say, they were both together, they were come for the money I had promised them, they could not wait till the morning, as I had appointed. I had not been out in the day to my friend where I expected; I told them that I had not been out to my friend, that I had no money. They then said that they were come from Bow street, and would take me in custody; I agreed to accompany them. One of the prisoners called a coach from the stand at the corner of St. James's place; I am not sure which. I got into the coach, the prisoners followed me. One of the prisoners said to the coachman -

Q. Without knowing which still - A. I think Cannon said to the coachman, you know us, drive to Bow street; the coachman proceeded to drive a few paces, when one of the prisoners, I do not know which, directed the coachman to stop; he said to me, if you will behave like a gentleman and procure the money, we will not prefer the charge against you. I promised to try my friend Mr. Smith, the silversmith, in Bruton street; the coach was directed to stop in Bond street, near the corner of Bruton street; we got there and got out. One of the prisoners paid the coach fare.

Q. Did any thing pass about your paying it - A. I was asked to pay it, but I had not got any silver about me. The prisoners accompanied me to the house door of Mr. Smith, and said they would wait my coming out. I went into Mr. Smith's house, I found him at home.

Q. In consequence of your request of him, did you receive any thing from him - A I did, a ten pound bank note.

COURT. I suppose you did not tell him what it was for - A. I did not. I staid a few minutes in Mr. Smith's house, and on my return into Bruton street the prisoners were waiting for me on the opposite side of the way. I went up to them, they asked me if I had succeeded in procuring the ten pounds, which I informed them I had, and which I gave to them.

Q. You do not know to which - A. I cannot say; I gave it to one of them, both being together.

Mr. Gurney. Why did you give it them - A. Because of the fear and dread of being placed in the situation of a criminal of that nature, and they persisted in the polg their charge against me.

Q. What did you think they would have done to you - A. That they would have taken me in custody and lodged me in the watchhouse. They then told me that I might make myself happy.

COURT. Before you go to that, did you believe them to be Bow street officers - A. I did not conceive them to be Bow street officers, though they held out that threat.

Mr. Gurney. In what state of mind were you in - A. Extremely agitated.

Q. When you said you apprehended that they would take you to the watchhouse; by what means did you conceive they would have taken you to the watchhouse if you did not consent - A. By force.

Q. Was it then under the terror of that charge, of being taken by force, and charged with that crime, that you parted with that bank note - A. It was.

COURT. I would much rather the gentleman would express himself - A. My motive was, under the apprehension of being taken by the prisoner, and placed in custody on suspicion of an intention of committing the crime alledged. It was under that idea I acted at the of the moment and gave the money. The prisoners took their leave of me after giving them the money.

Q. Were you at that moment under the impulse of any bodily danger to your person - A. Not exactly, I was not.

Q. That, I take you right, at the time you were not under the impression of any danger to your person - A.Exactly so.

Mr. Gurney. You then say they took their leave of you - did they say any thing at parting - A. Nothing more than I might make myself happy, that I should hear no more of them.

Q. How soon after that did you see either of them again - A. It was on the 13th of October that I saw Cannon.

Q. Where did he come to you - A. At Mr. Wirgman's house of business.

Q. Recollect - I am asking about your own residence - A. They came to my residence in Cleveland court (I am speaking of the prisoner Cannon) while I was at dinner; he asked for two guineas, as he was going to Portsmouth, that was to delray his expences, that he had been discharged from his situation as an officer of police, in consequences of his absence from duty in St. James's park on the 8th of August; I told him I would not give him a shilling, and desired him to leave my house; I took him by the arm and pushed him to the door.

Q. Did you immediately after this apply to the office in Bow street for advice - A. Immediately.

Q. When did he come to you next - A. The next time he came to me was the 31st of October, the same month.

Q. In consequence of advice you then sent for Mr. Anthony - A. Yes, he came to me at Mr. Wirgman's. I sent for a police officer and detained him; Mr. Anthony came and apprehended him.

Cross-examined by Mr. Alley. It was Coddington that came to your house in St. James's street, he called you out - A. Yes; they were both in company.

Q. Cannon was the spokesman, and said if you did not give the ten pound he would make the charge that he had the night before - A. Yes.

Mr. Gurney. In the presence of Coddington - A. In the presence of Coddington.

WALTER SMITH . Q. You are a silversmith in Bruton street - A. I am.

Q. On the night of the 9th of August do you remember Mr. Butter coming to your house - A. I cannot recollect the day of the month; it was in August, in the evening about nine o'clock, I believe.

Q. Did he borrow of you a ten pound bank note - A. He did.

Q. I do not know whether you made any observation on his appearance - A. He seemed distressed in his mind; he said that he had an immediate call for ten pound, and he had not so much money by him.

Q. You let him have a ten pound bank note, and he quitted your house - A. He did.

Cross-examined by Mr. Alley. I suppose, as I asked in the last case, so in this, if he had asked your assistance you would have rendered it him - A. Most assuredly I would.

WILLIAM ANTHONY . Q. You are a police officer of Bow street - A. Yes.

Q. Is the prisoner Cannon, or was he in August last, an officer belonging to that office - A. No.

Q. Or was he ever to your knowledge - A. No.

Q. Do you know the other prisoner Coddington - was he an assistant clerk, or in any ways concerned in that office - A. No.

Q. On the 31st of October we understand you were sent for to St. James's place, and you apprehended Cannon - A. Yes.

Q. You did not apprehend Coddington - A. I did not.

Q. to Butter. On the 3d of November last, did you meet with the prisoner Coddington - A. I did; I passed him in George court, Brewer street, it leads into Prince's street.

Q. What time of the day was it - A. It was soon after ten in the morning.

Q.After you had passed him did you turn round and recollect his face - A. I recognized that I had some knowledge of him; I paused to recollect myself, and likewise also the prisoner looked back at the moment; he stopped and looked at me and ran off; I pursued him and took him in Berwick street, and lodged him at the public office in Marlborough street.

Coddington's Defence. The things that the prosecutor institutes against, I am innocent of it. In the morning I was going out to get myself shaved when he stopped me upon the charge; I went with him to Marlborough street willingly, without any officer at all. I have been seven years in his Majesty's service; I was disabled in the service of major Abercrombie.

Prosecutor. He made no resistance, there were so many people around me. A respectable man who was nigh me, I said to him, if I require your assistance I trust you will afford it me. I had no apprehension of his getting from me. A man went for a constable for me; he was not at home; I was advised to take him to Marlborough street office. As we passed through Poland street, he said, you had better be quiet, you will only expose yourself.

Cannon's Defence. My lord, I have several people who knew me years ago, that knew my character. Since I have left the India house, I have carried lottery books, and before that I had got my discharge. I was recommended to the East India company by his royal highness himself.

Cannon called four witnesses to his character.

Coddington called no witnesses to his character.

CANNON, GUILTY - DEATH , aged 38.

CODDINGTON, GUILTY - DEATH , aged 32.

First Middlesex jury, before Mr. Baron Graham .

Reference Number: t18081130-37

37. MARY WEBB , LOUISA WORLEY , and JOHN ABBOTT were indicted for feloniously stealing

on the 28th of October , from the person of Thomas Foster , six bank notes, value 10 l. each, two bank notes, value 2 l. each, five bank notes, value 1 l. each, and two promissory notes, value 2 l. his property .

THOMAS FOSTER . On Friday the 28th of October, in the evening, I was going up Piccadilly, I met with the two female prisoners.

Q. Did you know them before - A. I never saw them in my life before. We went together into the Bath hotel and got something to drink, but what I cannot say; I changed a two pound note and paid for the liquor; I do not know what quantity we had, nor what the amount of it was.

Q. When you pulled out the pocket book did you see whether the notes mentioned in the indictment were there - A. They were all there.

Q. What are you - A. I am a groom to lord Charles Bentick . We came out of the house and talked a little together.

Q. Did you come out of the house with the women - A. Yes; we turned to the right.

Q. Nobody but you and the women - A. The watchman came in, but I did not give him any thing to drink; we went down a street, which I believe is Arlington street, and there I stood talking with Webb a considerable time against a door; she rumaged about me a good deal, and when I left her I came into Piccadilly, to my lodgings in Park lane; on crossing the street, by the porter's lodge, I clapped my hand to my side and missed the book; I had it in a side pocket.

Q. You took it out at the public house - A. Yes.

Q. Did you perceive it after you took it out at the public house - A. I put it into my pocket again; I had not felt it after I left the public house; I went again up Piccadilly, a woman ran against me; she said my dear where are you going.

Q. That is another woman, neither of the prisoner - A. No; I told her to go about her business; I was robbed of my book; at the very moment there was a man passing whom I did not know at that time; I went home to my lodgings; I saw no more of them that night; the next morning I was sitting in my own room in my lodgings, there came two people to enquire for me; they told me they had found a letter that I had respecting a horse; they asked me if I had not been robbed the over night; I told them I had and of what, and that they were in a book, and a letter I had.

Q. Did they produce any thing to you - A. They shewed me the ten pound notes and a letter that I had from lord Titchfield, respecting a horse; I cleaned myself and went along with them to Bow street; the prisoners were there; I knew Mary Webb , I did not know the other one so particularly; I am sure both the women were with me on the over night at the public house.

Q. Had you ever seen the man before - A. He came into the public house the night before, but I did not give him any drink; he is the watchman.

Q. Was he so near you in the public house that he could take it from you - A. No, he could not; I did not see him any where that night, but in the public house.

ISAAC HOLLINGS . I am a publican, I keep the Blue Post, Bennet street, the corner of Arlington street. The prisoners all three came into my tap room about twelve o'clock and called for a shillingsworth of brandy and water; they tendered a one pound note for the payment of it; I changed that; they sent for a second shillingsworth; I sent the change, eighteen shillings; I went to the tap room myself, I found the watchman there; I told him he must go, he had no business in the house.

Q. You found the watchman there, is that the prisoner - A. Yes; he said he would go. I returned to my bar; he did not go then; I went and ordered him out a second time; before they went they had half a pint of brandy and shrub; they tendered another one pound note for it, which I refused.

Q. Do you know who it was that tendered it - A. I think the watchman, but I am not positive: my waiter came to me, and said sir, I think them women have been robbing some man, I have seen them shoving notes down their bosom; in consequence of what the waiter said I went into the parlour, I picked up a letter, I opened it, it was not sealed, which led to a suspicion that some person had been robbed; it is the letter the first witness has been speaking of.

Q. to prosecutor. Is that the letter that you had - A. Yes; that is the letter I lost.

Mr. Hollings. The prisoners all went out; I sent for them, saying I would change the one pound note; they all three came back; the watchman said as soon as he came into the house, I had no occasion of being in such a hurry to turn them out, they should have spent a crown or more before they had left; I told them they should spend none there, they had robbed some one, I would detain them and have them searched; they denied having robbed any one or having any money about them except a few shillings; they seemed very much frightened. The prisoner Coddington, that was just now convicted at that bar, came in with them the second time. Mary Webb was giving some money to him, and in the act of doing that it dropped on the floor; I picked up a guinea, a half guinea, and a shilling or a sixpence; I told the watchman that I should charge them all; he said I could not detain him there from his duty; he advised the two women to give charge for charge; my brother come in the house, I sent him for an officer, and Mr. Edwards the officer came in, they were searched; we found four ten pound notes; we found two ten pound notes first, between the strings of Worley's petticoat; Worley acknowledged that they had been whacking of it; I found a country one pound note on the seat where they had been sitting, a Grantham note it is; we then took them to the watchhouse; after we returned I found a one pound note on the floor.

THOMAS EDWARDS. I am one of the Bow street patrols; I went to Mr. Holling's house, I searched the prisoners; I found two tens on Worley, a key and eleven duplicates, and two tens dropped from their clothes; I took them to the watchouse; they denied any knowledge of the notes.

Q. Did you search the man - A. He was gone out; after I had secured the girls I took Abbot to his own watchhouse; I searched him; I found nothing on him.

WILLIAM CLEMENTS . I was constable of the night at St. Martin's, where they were brought in. When I was going to search Mary Webb I saw she had something clasping close in her hands, and I saw her put something in her mouth; I took hold of her and prevented her from swallowing of any thing; I searched

her mouth, there I found two half guineas; I opened her hand, there were two shillings.

Q. to prosecutor. Now look at that letter, is that the letter you lost - A. Yes; it was in the pocket book when I lost it; I know none of the numbers of the notes; I believe they are all my notes.

ROBERT ANDREWS . On the 29th of October, in the morning, I was going home from the watchhouse in Bennet street, I picked up three notes, they were wet; I did not examine them; I delivered them to Mr. Carter, the watchhouse keeper. I found them near the Blue Post.

MARK CARTER . I only know that Robert Andrews brought these three notes to me at the watch-house.

JOHN NEALE . On Saturday morning, the 29th of October, coming out of the court yard of lord Camden's house in Arlington street, I perceived part of a letter, on looking more narrowly I saw a pocket book, which I took up; there were two letters in it addressed to Thomas Foster .

Prosecutor. I am perfectly sure it is my pocket book.

Webb's Defence. I had been to Bond street with a gentleman, he gave me a pound note, a guinea, and half a guinea, to get me some clothes. I met this woman, I gave her something drink; I met the watchman; I had a shilling's worth of brandy and water. This gentlewoman said she had picked up some notes in Oxford street; she gave one to the watchman to get it changed. The publican said he could not give change. As for that man, I never saw him before with my eyes till I saw him at Bow street. I am as innocent as a child unborn.

Worley's Defence. The notes which the runner took from me in the house I picked up in Market street, before I saw this good woman. I told her I would treat her with something if the watchman would get change for a one pound note; the landlord said he could not give change: when we came out he sent his boy after us, saying that he could his change. We went back; the officer stood for no repairs; he took them out of my bosom. As for the gentleman that came to swear against me, I never saw him till I saw him at Bow street.

Abbot's Defence. I was calling eleven o'clock. I went up to the White Horse cellar to put up the shutters; these two ladies went into the public house with a man, he asked me to come and have a glass, being a cold night; I went in, I asked who was going to give me a glass; mother Worley said the gentleman has altered his mind, he will not give you one; I went out of the house and put up the shutters. I went in and asked the mistress of the White Horse cellar what time I should ring the bell, she said half past three. I went and called twelve o'clock. Going my round I saw these girls: one of them says come over, I will give you something to drink at the Blue Post; I immediately went out of my box; this girl asked me to get change, and to get something to drink, she said let it be short and sweet; she asked me to call for a shillingsworth of rum and water; I gave it her; I never set down after she gave me the note. Mr. Hollings gave me a half guinea, a seven shilling piece, and a sixpence. Mother Worley said I will have change; I told her the landlord would not give her change; I returned the note back; the landlord ordered us out the second time; I went out directly; the girls followed me. Going up Arlington street, the landlord sent after me to bring these girls back; when we came back, he said to me which of the girls gave you the first pound note; I said Poll Webb; and who gave you the second pound note, I said Worley; he said he had a good mind to keep us all prisoners, he should keep the girls prisoners and turn the watchman out to do his duty. I did my duty till past two o'clock, when the patrol took me. I walked quietly with him to the watchhouse.

Abbot called two witnesses, who gave him a good character.

Webb and Worley called no witnesses to their character.

WEBB, GUILTY , aged 23.

WORLEY, GUILTY , aged 31.

Transported for Seven Years .

ABBOT, NOT GUILTY .

First Middlesex jury, before Mr. justice Grose.

Reference Number: t18081130-38

38. FRANCES EDWARDS and SARAH TOWNSEND were indicted for feloniously stealing on the 12th of November , seven yards and a half of cotton lace, value 10 s. 6 d. the property of George Adolphus Riddlestroffer , privately in his shop .

JOHN ADDISON THOMPSON. Q. Where do you live - A. No. 127, Whitechapel , at Mr. Riddlestroffer's shop. On the 12th of November the two prisoners came into the shop to purchase some British lace. Frances Edwards examined a card of cotton lace, and took up another, which she immediately placed underneath the card of lace she first examined; and this card of lace which she placed underneath she by some means conveyed into her garments.

Q. You did not see her convey it away, did you - A. No, I did not. I had occasion to turn myself round upon some other business, and immediately missed the card of lace from the counter.

Q. What time might that be, from your turning your face away, to your looking at them again - A. About a minute.

Q. Upon your looking at the prisoners, did you observe any motion of Frances Edwards - A. I observed immediately upon turning my head, her leaning on the counter, as if concealing something.

Q.Before you perceived her in that attitude, had you observed any motion of hers - A. I had observed a motion of hers.

Q. Then I presume that motion led you to suppose that at that moment she was engaged in something - A. Certainly.

Q. Did you observe the motion just as you turned your head round - A. Yes.

Q. Immediately after that, if I understand you right, you observed her leaning forward - A. Yes; the moment that I turned my eye towards her, I observed her leaning forward and adjusting her garments, seemingly to conceal something that she had about her. I took no notice that I missed the card of lace, which I undoubtedly did at the moment.

Q. You did not observe Sarah Townsend do any thing - A. Nothing, but cheapen the lace and pass one card from the other, with her opinion; neither of the prisoners bought any thing. After this, Frances Edwards took another card of lace and placed it underneath the other; she made an attempt to drop it,

which I suppose she had to the former card, to catch it it to conceal it.

Q. You saw her make that attempt, did you - A. Yes, to drop it somewhere about her petticoats. As they had dallied a long time about making a purchase, I asked them whether they did or did not mean to purchase; they said they were extremely sorry that they had given me the trouble, but we had not any thing to suit them; they went out.

Q. How long might they have been with you the whole time - A. I suppose ten or fifteen minutes; upon their going out I turned over the laces left on the counter, and with missing the card of lace; which I suspected she had taken, I pursued the prisoners and brought them back into the shop; upon which Frances Edwards immediately dropped the card of lace in the shop from her petticoats underneath. I took it up, it contained seven yards and a quarter of cotton lace.

Q. What do you think might be the value of this - A. Half a guinea. I immediately sent for an officer and gave them in charge: Frances Edwards said it was the first offence that ever she was guilty of, and hoped for forgiveness on her part. Sarah Townsend said she was quite a stranger to Sarah Edwards , that they were strangers to each other.

ROBERT TREND . I am an officer. Mr. Thompson came for me; I went to the shop with him, I took the prisoners into custody; I have got the card of lace.

The property produced and identified.

Edwards' Defence. I went into this gentleman's shop to buy a yard of lace; I offered two shillings for it, he asked half a crown; this woman was in the shop, she said it was cheap; I came out of the shop directly. I never saw any thing of this woman till I saw her in the shop.

Townsend's Defence. I sell fruit and fish . Going along I stopped at the window and looked at some silk handkerchiefs; I went in the shop and asked him if he had no smaller patterns than them.

EDWARDS, GUILTY , aged 19.

Of stealing, but not privately in the shop.

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

TOWNSEND, NOT GUILTY .

First Middlesex jury, before Mr. Baron Graham .

Reference Number: t18081130-39

39. ROBERT PITCHER was indicted for that he on the 19th of November , feloniously and without lawful cause was at large in this kingdom, before the term of seven years for which he was ordered to be transported .

JONATHAN TROTT . I produce a copy of the conviction of the prisoner.

Q. Where did you get it from - A. From Mr. Shelton.

Q. Have you compared it - A. Yes. (The copy of the record read)

Q. Did you apprehend the prisoner - A. I can prove nothing more than the prisoner being at large on the 19th of November; he was brought to the office upon another charge.

Q. Was he at large before he was brought there - A. I saw him at large before he was brought into the office; he was at large before he was taken.

Q. Did you see him at large before he was taken - A. I did not see that.

Q.Then he was in custody when you saw him - A. Yes.

WILLIAM HANSON . Q. Do you know the prisoner at the bar - A. Yes.

Q. Was he the same man that was convicted - A. Yes, in September sessions.

Q. Do you know whether he had any pardon granted him - A. Yes, I have got it in my hand. (The pardon read.)

Mr. Fitzpatrick. Here is a note of his being enlisted at the bottom of the pardon.

NOT GUILTY .

First Middlesex jury, before Mr. justice Grose.

Reference Number: t18081130-40

40. WILLIAM WHITTEN was indicted for feloniously stealing on the 26th of November , a wooden case. value 10 s. and 2400 handkerchiefs, value 140 l. the property of James Smith , John M'George , and Thomas Watson .

JAMES SMITH . Q What are you - A. I am factor and agent ; my partners names are John M'George and Thomas Watson; I know the case to be ours; I live in Watling street .

ROBERT DENT. I am a warehouseman to Thomas Lancaster . On the 26th of November, about five minutes past nine in the morning, I was going to the warehouse; I saw the prisoner and two others on the opposite side of the way; I saw two of them go up the court of Smith, George and Watson; them two came out, and they all went together to the Old Change.

Q. Had they any thing with them - A. Nothing at that time. They went into the Old Change and turned to the left; in about half a minute I saw them all three return; the prisoner had got a knot on his shoulder; I saw him go into the gate of the court of Smith, George, and Watson; all three came out; the prisoner had a box on his knot; I walked up on the opposite side of of the way, he had got ten yards from the door or thereabouts; I went towards him and said I believed the box was not his; upon which he threw the box down and ran off; I ran after him and cried stop thief; he was taken just at the end of Newgate street; I never lost sight of him.

Q. What became of the box - A. The box was not removed on my return, I believe; I found the box in Watling street, in the same place.

Q. Is that the box - A. I did not take any particular notice; I cannot say it is.

Q. You saw a box on the man's shoulder - A. I did, he threw it down.

Q. When you came back you saw it in the same place - A. Yes; it was carried into Mr. Smith's house by some of Mr. Smith's men I believe.

JOHN FLINN. I live with Mr. Smith as porter. I knew this box to be in the court that leads up to the house at half past eight in the morning; I did not notice it till I saw it lay in Watling street, about ten yards from my master's; I stood by it till the prisoner was brought back. I helped carry the box into the court again.

Q. You are sure that is your box that was in your master's yard in the morning, and you saw it in Watling street afterwards - A. Yes, it is marked PN 104.

WILLIAM JACKSON . I am a constable. I took charge of the prisoner, and likewise I have had the box in my custody ever since.

(The property produced and identified.)

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

GUILTY , aged 19.

Transported for Seven Years .

London jury, before Mr. Recorder.

Reference Number: t18081130-41

41. PETER WILD , THOMAS PULLEN , and GEORGE AUSTIN were indicted for feloniously stealing on the 21st of November , a sack, value 2 s. and two bushels of coals, value 3 s. the property of Nathaniel Brickwood .

The case was stated by Mr. Gurney.

ROBERT YOUNG . I am clerk to Mr. Nathaniel Brickwood . The prisoners Pullen and Austin were servant s to Mr. Brickwood; Wild had been in the service of Mr. Brickwood, but had been turned away three weeks before for misconduct.

Q. On the 21st of November, was any coals sent to Mr. Dance's - A. Yes; we intended to send five chaldrons. The last load I sent out a few minutes before six o'clock; the load contained nineteen sacks, I counted them myself on the cart before they went off, and I gave Pullen the carman direction to go with them, it being late in the evening, I desired Austin to go with them, he came rather in a voluntary way; I told him as he had done his other work he might go. I was not on the premises when the cart was brought back.

WILLIAM ELDRIDGE . I keep the Bunch of Grapes in the Poultry. On the night of the 21st of November the prisoner Wild offered me a sack of coals.

Q. Just tell us what he said - A. I heard him say is the landlord at home; I went out of the parlour, I said what do you want; he said, I have a sack of coals, will you buy them, he said they are very good coals, you shall have them for four shillings and six pence; I said bring them up; he said he would. I had an officer in the house, I told the officer there was a man had offered me a sack of coals. In the course of three quarters of an hour Wild returned, the officer remained in the room. Wild brought a sack of coals on his back; I told him I would have nothing to do with them, I did not think he had got them honest; he said never mind, I can soon sell them. Leadbetter the officer insisted upon looking at the coals. He took him in custody.

DANIEL LEADBETTER . Q. Were you at the last witness's house when Wild brought the coals - A. Yes; I took him in custody. I called Cartwright and desired him to go to the bottom of the passage to see whether there was any cart, or any person at the bottom of the passage.

DANIEL CARTWRIGHT . While Leadbetter took Wild in custody, I saw a cart at the bottom of the court, I saw Mr. Brickwood's name on the copse; it was a coal cart and three horses. I found the carman tying up the tail of the cart, his name is Pullen; I asked him if a man had not taken a sack of coals out of the cart; he denied it, made his tail rope as fast as he could, and drove his cart away; I stopped it, he drawed off on the other side of the way in the Poultry; I told him I was an officer, I should take him into custody; I took him into the compter gateway and delivered him to Leadbetter in the Poultry tap. I went down to Austin, he was sitting in the cart, I told him to come out of the cart: he said he would not leave the team; I told him I should take care of the team; he then came out of the cart, I took him up to the compter and delivered him to Leadbetter; I then took the whip and drove the team to Mr. Brickwood's wharf in Upper Thames street. The sacks and bushel measure and ladder were laying at the bottom of the cart.

Q. Did you stay to see the sacks counted - A. Yes; there was only eighteen. On the next day I shewed the sack that was brought into Mr. Eldridge's by Wild to the foreman, before the lord Mayor.

WILLIAM BUTLER . I am foreman to Mr. Brickwood. I counted the sacks when Cartwright brought the team back, there were only eighteen; there were nineteen sent out.

The property produced and identified.

WILD, GUILTY , aged 27.

PULLEN, GUILTY , aged 47.

Confined Three Months in Newgate , and fined One Shilling .

AUSTIN, GUILTY , aged 20.

Fined One Shilling and discharged .

London jury, before Mr. Recorder.

Reference Number: t18081130-42

42. ANN PENN was indicted for feloniously stealing on the 2d of November , a carpet, value 4 l. 4 s. five yards of carpet, value 10 s. a looking glass, value l 1. s. a shirt, value 20 s. two blankets, value 20 s. a pair of boots, value 10 s. two pair of shoes, value 5 s. two handkerchiefs, value 1 s. a shirt, value 5 s. a pair of stockings, value 3 s. a cork screw, value 3 s. a silver pencil case, value 3 s. a shirt, value 5 s. and one other shirt, value 5 s. the property of Francis De Roufigney .

SECOND COUNT for stealing the same goods, laying them to be the property of different other persons.

The case was stated by Mr. Gleed.

LOUISA GUY . Q. You are housekeeper to Francis De Roufigney - A. Yes; he lives in Castle street, Holborn , he keeps a French establishment for the education of youth .

Q. Do you know the prisoner at the bar - A. Yes, very well, she was first employed as chairwoman and afterwards as a washerwoman .

Q. Had Mr. De Roufigney any carpet - A. Yes; it was taken up stairs in the room where the servant slept about a year ago, I saw it there and opened it; about a month ago, I dare say, I missed it. The prisoner's house was searched, I was present at the time; the prisoner was at home; she lived in Plough court, Fetter lane. We found in her lodgings some shirts, stockings, night caps, handkerchiefs, a pencil case, and a cork screw.

Q. Did you know to whom they respectively belonged - A. Yes. They had all been in our house; I remember the time they were missing; I many times enquired of the prisoner respecting them; she said she did not know any thing of them, nor could she think what had become of them, it was very strange, she said.

Q. Among the other articles was these a shirt belonging to Mr. Stoll - A. Yes.

Q. Did the prisoner wash for Mr. Stoll - A. No. I enquired of her three months ago if she had any such shirt; she said no.

Cross-examined by Mr. Gurney. Mr. Roufigney keeps a pretty large school in Castle street - A. Yes.

Q. And the prisoner washed for him - at what time did you make the search at the prisoner's house - A.

It might be three weeks or a month ago.

Q. There had been an unfortunate quarrel between Mr. Roufigney and Mrs. Penn just before you went to search the house - A. I do not know of a quarrel.

Q. Now we will see whether you and I agree in the definition of a quarrel - do not you know that Mr. Roufigney owed her fifty or sixty pounds - A. I do not know.

Q. Do not you know positively - A. Yes, he may.

Q. And she did not get her money - she threatened to arrest him - A. Yes; but I do not know that she found any difficulty in getting her money.

Q. In point of fact, she did threaten to arrest him and he then paid her - A. Yes; she had no occasion of taking these means.

Q. She could not get it without - A. No, that is not right.

Q. Upon your oath had not she been applying week after week, and month after month - A. No.

Q. However he has paid her - A. He has paid her with money that he has not received; he has been a great friend to the woman; she agreed to give credit.

Q. Was not some of it two years standing - A. I believe some of it might.

Q. In consequence of her demanding the money in this way Mr. Roufigney was not well pleased - A. He was not well pleased.

Q. Was not he very ill pleased - A. He was not pleased certainly.

Q. And certainly not being pleased was not he very angry, and said he would be even with her - A. No.

Q. Perhaps that was too coarse English, he said it In French perhaps - A. I have heard him very angry.

Q. Now how many days after his being very angry was it that you went to search her house - A. I dare say three weeks or a month.

Q. So long as: that can you swear it was a fortnight - A. I cannot; I can swear it was a week.

Q. You found some shirts; you found some things of Mr. Dowling's and Mr. Stoll; the cork screw who did that belong to - A. Mr. Turreneau.

Q. Did not you find that in a box belonging to William, who formerly had lived in Mr. Roufigney's house - A. I do not know that.

Q. You know you had a man of the name of William live with you - A. Yes.

Q. Did not Mr. Roufigney tell you he knew that box in which the cork screw was found - A. He did not.

SARAH DONNOVAN. Q. You was servant in the house of Mr. Roufigney - A. Yes.

Q. Do you recollect a carpet belonging to one of the rooms being placed in your room - A. Yes; I was present when it was opened and part of it was missing; I saw a piece of it at Mrs. Penn's, it laid wrong side upwards; it was the same pattern as the carpet in Mr. Roufigney's house. I said nothing to Mrs. Penn; the first time I saw it in her room; when I went the second time I found the carpet there again.

Q. When was it you went the first time - A. It was two or three days before she was taken up; the second time was the day after; I then said to Mrs. Penn, Mrs. Guy sent me to see if I should know this carpet; she said this is not your carpet; I said it is Mr. Roufigney's there has been a great noise made about it, and there will be more; she told me to tell Mrs. Guy that I did not know the carpet.

Q. Did you in point of fact know the carpet - A. Yes; there was another piece of carpet laid by the door, of a different pattern; she told me to tell Mrs. Guy it was not hers.

JOHN HUNT . I am an officer of Hatton garden. On the 2nd of November, I searced Mrs. Penn's room; Mrs. Guy and the last witness was with me; upon searching the house I found five shirts, a white waistcoat, and a pair of silk stockings, one cotton stocking, two pocket handkerchiefs, and a silver pencil case, these things were all in the drawers, the drawer was locked; she opened them herself very willingly; I found other articles, but they were not sworn to.

DANIEL CARTWRIGHT . Q. Tell me what you found - A. This handkerchief and a cork screw I found in a box locked; there was no key. I broke it open; Mrs. Guy and Mr. Roufigney attended me, they said it was a box that belonged to William, and they knew his linen in it.

The property produced and identified.

The prisoner left her defence to her counsel, called four witnesses, who have he a good character.

NOT GUILTY .

London jury, before Mr. Recorder.

Reference Number: t18081130-43

43. ANN DOWNEY was indicted for feloniously stealing on the 9th of November , one half guinea, three shillings, five penny pieces, and two halfpence ; the monies of John Jennings .

To this indictment the prisoner would not plead, and the jury were charged to enquire whether the prisoner stood mute, obstinately, and wickedly, or by the visitation of God.

MR. BUGBY. I am an attorney.

Q. Do you know this woman - A. She has been my servant eleven months; she has attempted several times to make away with herself; I have saved her myself from hanging herself and from jumping out of the window.

Q. Is she in any deranged state - A. Sometimes so and sometimes not so.

WILLIAM HANSON . Q. You are one of the turnkeys - A. Yes; ever since the prisoner has been in goal she had been in the same state she is in now; if she was not taken care of by the other women she would tear her things to pieces.

VERDICT - That she is INSANE .

Second Middlesex jury, before Mr. Recorder.

Reference Number: t18081130-44

44. JOHN SHAY and JAMES SUMMERS were indicted for feloniously stealing on the 14th of November , one copper funnel, value 3 s. the property of George Young , Adam Young , James Sims , William Curling , George Jones , Edward Spencer Curling , Thomas Burling and Jesse Burling .

SECOND COUNT for stealing the said copper funnel, the property of Peter Blain .

PETER BLAIN . I am commander of the ship Eliza, a West Indiaman . These gentleman mentioned in the indictment are ship owners .

Q. Did you lose a funnel from the ship - A. It was not taken out of the ship.

Q. What were the prisoners - A. I do not know, they did not belong to my ship; the ship cabin had two doors, one had a glass; the door of the other side at the top part was entirely stoved in, where some person

had entered the cabin, and had moved several articles; among the rest this copper funnel; they had taken it from the top of the stove.

Q. Do you know by whom it was taken down - A. No.

Q. Then all you know the cabin door had been broken and some person had got in - A. Yes.

PETER VAUGHAN. I belong to the West India water gates . I was standing at our place on shore where we put our things in, I heard a noise as if cabin windows were knocked in; I listened again, I heard the glass break again, I went alongside of the ship, I saw Summers looking over the gangway, abaft the gangway; I said to him, who are you; he said, ship keeper. What noise is that aboard of that ship. - None at all. Who is aboard besides yourself. - Nobody but the mate and his girl taking a glass of grog in the cabin. I shall come on board and see your mate; I went up the side and told him to go and call his mate, I wanted to speak to him. I saw Shay sitting on the hatchway; I asked him who he was and what business he had there; he said he made his craft fast just along side, he was coming over to go on shore; I told him to stop by me for there was something going on that should not be, he should not go till I saw the mate. I told the man that called himself ship keeper to tell the mate that I wanted to speak with him. He called Mr. Johnson a number of times. I told a young man that came with me, his name is Howell, to fetch me a candle and lanthorn; while he was gone I told the man that called himself shipkeeper that no Mr. Johnson was there. Summers came rolling from the cabin as if he was very drunk; he shoved me and Shay, and told us we had no business there; he said you rascals get out of my ship. I said I shall not go out of your ship, nor shall neither of you, I am an officer here, till I see who you are. Shay put his hand in his bosom and pulled out this marlin spike and struck at my head. I dropped down, he hit my hat and knocked me backwards; I sung out murder and stop thief as loud as I could; Shay went over the side and Summers followed as fast as he could; Summers was the hindmost and he sung out stop thief. I passed Shay and turned Summers back. People by this time were coming out of their cabins; I had Summers in sight the whole time, and caught him and gave him in charge of Howell, while I went and seeked for Shay. Shay jumped into the boats in the bason; I said to the people, take care of him, he has got a marlinspike; two or three people in the boat took the marlinspike out of his hand and shoved him on shore to me.

Q. Are you sure Shay is the man - A. Yes; I knew them both perfectly well by sight before.

Q. You never lost sight of Summers - A. No. And as for Shay he made his escape into the boat with the marlinspike in his hand.

Cross-examined by Mr. Alley. The night was a very light night - A. It was a dark night.

Q. You perhaps can see as well in the dark as in the light - A. No.

Q. What distance were you from the gangway where Summers was - A. About two yards.

Q. Shay you lost sight of - A. Yes: he went in the boat, the boat was a stern of the ship.

Q. You did not find any thing in the possession of either of them that belonged to the ship - A. I did not.

THOMAS HOWELL . On the 14th of November I stood by the cabin door with Peter Vaughan , I heard the noise of glass rattling; we stood two or three minutes, we heard the glass rattle again, we went immediately into the ship, there I saw Summers leaning over the gangway; Peter Vaughan said, who is on board; he said, only me and the mate. I was sent for a lanthorn; as soon as Shay came out of the cabin I heard the cry of murder, stop thief; I made the best of my way. I saw Vaughan with Summers, he delivered him into my charge; I immediately took him and lodged him in the cabin; I went back to assist him when he had just got the other in custody.

Summers' Defence. I was coming home from Blackwall; I was enquiring for a ship to go to the West Indies; this man was coming against me; he laid hold of me and said I will take you at any rate. He met a man with a lanthorn; they lodged me in the boat house.

Shay's Defence. I work at ballast work. I was coming out of my own boat to come on shore, when two or three me laid hold of me; that man came up to me and said that is the man.

Q. to Blain. Are you sure the funnel was affixed in its place - A. Yes; and it had not been removed by me or by my orders; I saw it at five o'clock in its place, affixed.

SHAY, GUILTY , aged 28.

SUMMERS, GUILTY , aged 34.

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

Second Middlesex jury, before Mr. Recorder.

Reference Number: t18081130-45

45. JAMES STARKEY , alias ATKINS , SAMUEL LASPER , alias COLLINS , and THOMAS CAVILL , were indicted for burglariously breaking and entering the dwelling house of Catherine, Countess dowager of Morton, about the hour of eight, on the 6th of October, with intent the goods and chattels therein feloniously and burglariously to steal .

SECOND COUNT for like offence, stating it to be the dwelling house of Catherine Douglas , commonly called the Countess dowager of Morton .

THIRD COUNT the dwelling house of Catherine Douglass, widow .

The case was stated by Mr. Andrews.

JOHN FOY . Q. I believe you are an officer of Marlborough street - A. I am.

Q. Were you sent for at any time to observe the Countess of Morton's house - A. I was.

Q. On what day - A. The 4th of October last.

Q. What time in the day did you go there - A. Early in the evening of the 4th of October, seven or eight o'clock, after it was dark.

Q. Did you see either of the prisoners - A. I cannot say they were the prisoners; I saw five men go up to the Countess of Morton's door.

COURT. What time of the day was this - A. This was half after twelve o'clock at night.

Mr. Andrews. On the 4th of October where had you placed yourself - A. In the house opposite; I remained there till half after twelve o'clock.

Q. When did you return again to the Countess of Morton's house - A. The next evening; a little before six o'clock on the 5th.

Q. Who was in company with you - A. My brother Thomas Foy , and James Budgel , an extra person employed by the office. Oh my way to the countess of Morton's house, I was passing up Park street, that is the street that lady Morton's house is in; when I came to the turning, before I came to lady Morton's house, which is Chapel street , at the corner of that street in Park lane , I saw the prisoner Starkey, Lasper and three other men; they were standing at the corner of Park lane at the post.

Q. Can you tell me whether Cavill was one of the men - A. I had not a fair sight of them; I cannot say, I saw the other men.

COURT. What time was this - A. A little after six; I walked about lady Morton's house, unobserved by them, and just as it got dusk I got into the house; where Jackson, another officer, was waiting for me; Budgel came in immediately after that along with my brother.

Q. Was Jackson in the house - A. Yes.

Mr. Andrews. What did you do when you got in the house - A. Jackson shewed me down in the lower part of the house, and we shut ourselves into a room; directly behind the door that comes from the area into the house.

Q. Did you see that door was fastened - A. That Jackson will tell you; I did not see myself; I had a light in a dark lanthorn; we remained there for about an hour or a little better.

Q. Was Mrs. Butcher in the house at this time - A. I believe not; she was gone out I believe by Jackson's directions. After remaining there for an hour or a little better, there was a loud knock at the street door; that not being answered, in a little time after there was a louder knock; every thing then was quiet for a while, as much as ten minutes, and then I heard the area gate unlock at last, as if somebody had unlocked it; then in a minute or two after the gate was unlocked I heard some person come down the area stairs; some one attempted to unlock the area door.

Q. Did you distinguish the voices of any one - A. Not at this time; they for a length of time tried several keys; I could hear them change the keys, take one keys and change it for another, and put them in the area door that leads into the house; they were trying with the keys for about twenty minutes, and then some one who seemed to be standing upon the top of the area steps in the street, called out to the one who was below, damn you send it in; the one below answered, then hand me down the jemmy.

Q. That is a slang phrase for an iron crow - A. It is one of the phrases that they have for it among many others. Somebody then came down the area steps; I heard the crow put it into the door and they began to wrench at it from without.

Q. Was the door at last forced - A. Yes, after some trouble.

COURT. Then they began to wrench the door - A. Yes; the door then began to crack very loud, and a bell that was behind it rang, upon which they stopped a little; they then gave several other heavy wrenches, upon which the door burst and flew open. As soon as the bell was quiet they came into the passage, and one that came in called out to the others it is all right.

Q. Could you observe whose voice it was - A. I cannot undertake to swear positively; I knew Starkey very well at that time, I do think it was him; I thought so then, and do now. I knew his voice, I do not swear positively.

Mr. Andrews. You knew Starkey very well before that - A. I did.

Q. Could you tell how many persons entered the house - A. As near as I could judge four; they said to each other, now go on and get a light; I heard them all go up stairs and walk about over my head; I had pulled my boots off before that, as any noise over the house was heard all about; I stood so very near where they were breaking in that as soon as I heard them up stairs, I went up after them; the light I had, I found from the heat of the lanthorn had melted away, they being so long getting in, was quite out. As soon as I got into the hall up stairs, I saw a light in the back parlour; it is a very large parlour, half as big as this court; I immediately ran into the room, I saw three men in one corner of the room, the further corner from me, and one near the fire place, whom I instantly seized hold of by the collar.

Q. Who was that - A. I cannot tell whether it was any of the prisoners at the bar; there was plenty of light, but the moment I entered the room, the moment I seized him, the light went out; there were two lights, I think; there was a good deal of light; I held this man and said something to him to stand still that he would be shot, or something of that; instead of which he pulled from me trying to get to the other men, I suppose for a second; he struck me on the beak, he put both his hands against my breast and drove me very forcibly away; I only had hold of him with my left hand, and I had my cutlass in my right hand; so with his forcing in this way he drove me towards the place where I had seen the other prisoners; there I heard a sound as I thought of an iron crow striking against the wainscoat close by me; I suspected that they were striking at me in the dark, I trusted to my judgment; upon which I drew one of my pocket pistols and fired at the place where I heard the noise; I called out to the other officers to make haste and get a light; I followed them up afterwards by the light that come into a place about as big as this place where I now stand, into a little passage; I afterwards found, though I did not know then, there were four of them and me in this little place. I was the outside one; I laid hold of some one and they pushed me out of the passage into the room again; there were iron shutters as I afterwards found; I was in the dark, I could not find my way after them; I heard a door break open; at that instant Jackson, or some of the other officers, brought me a light; I then saw which way they went; I followed them, and found that they had broke out at the back of the house, on the leads of the kitchen, the platform that covers the kitchen. As soon as I got there with the light, I saw the prisoner Starkey on the wall; I saw him on the coping of the back office; there is a short side wall that adjoins the dwelling house to the back office; he had got up from the yard, he was just rising upon his knee upon the back office; there was another man on the side wall; he had a coat on such as Cavill has on now, but I did not see him so as to speak to his person; I saw that they were escaping into Park lane, I immediately ran round to there.

COURT. These part of the premises adjoin Park

lane - A. They go into Park lane. When I got round into Park lane I found the prisoner Starkey sitting on the bank on the foot path; there is a bank there that passes under the wall; I thought at first he had been shot, and said to him, Starkey, have you been shot.

Q. You knew him very well - A. I knew him very well; I said, Starkey, what have you been shot; he said, that is not my name.

Q. The man that you saw, had his name been Starkey - A. Yes, but he is commonly called Atkins as well as Starkey; I suppose that is what he meaned by saying his name was not Starkey; he said, no, I am not shot, my leg is broke.

Q. He was then sitting down - A. Yes. I asked him how that happened: he said, as he was passing along under the wall a gentleman had jumped off it upon him and broke his leg, and ran away.

Mr. Andrews. Are you sure that was the man who was upon the wall, who was upon the platform adjoining the house - A. I have no doubt of it. The man I saw in Park lane I had seen on the coping, on his knee, rising.

Q. Did you then take him in custody - A. I did. There was another officer, Budgel, with me, I desired him to take him down Park lane; I believe Budgell ran up Park lane with me; he and some of the people took him back to the house; I found none of them besides; I returned to the house where they had carried Starkey; I went to the back premises then where these things had happened, upon the platform, there I found this iron crow just under the place where I saw Starkey going over the top of the wall, and half a dozen skeleton keys. I found a piece of green wax taper in the back parlour where I had seen the men; and on the leads I found a piece of cotton candle. I saw a great quantity of blood in the passage, and the ball of the pistol sticking in the door among the iron work, and a man's hat lying in the blood. I searched all the back premises to see if I could find any body that had been wounded. It was so very dark that we could not see any thing; there are trees planted at the back of the house; I could not see any one. They had sent somebody with Starkey to the watchhouse and to the infirmary to have his leg set; the watchhouse and infirmary is part of the house altogether. As soon as I saw the house was taken care of I went to the watchhouse myself; I had not been there but a few minutes before some other person brought in Lasper, and we stripped him immediately.

COURT. Had you ever seen him before - A. I saw him in Park lane, but I did not see him in the house.

Mr. Andrews. In what state was Lasper when he was brought in - A. He had been shot through the thick part of the left arm; I took him to the infirmary likewise to be taken care of.

Q. Was O'Brien the man that brought Laspar to the watchhouse - A. He was; his name is Owen O'Brien. They were secured. The next morning I went to see the house by day light. When I went into the back of the house I saw that the person who had been wounded in the room, had ran, after the door had been opened, to that part of the wall where I saw Starkey on; he did not get up there.

Q. That you traced by the blood - A. Yes, by the blood; he had gone from that corner to the other corner of the yard.

Mr. Andrews. Towards Park lane do you mean - A. No; to the other side of the yard, to a flew: it seemed to me to be a flew that runs from nothing at the bottom to the upper part of the wall; he got up there and jumped over into the next garden; there, from the quantity of blood there was, he seemed to have stopped a short time; from there he had gone on to the leads of the office of the next house, and from there along the spiked wall, to within a few yards of South street in Park lane.

COURT. This you traced by the blood - A. Yes, by the blood; it was not in drops but in a sort of a stream almost all the way. I tried these skeleton keys to see if they would unlock any part of the house, and this skeleton key unlocked the area gate, and none of the others would unlock the area door. Then I matched the crow to the breaks on the door, and it so completely matched as to enable me to say that crow broke open the door.

COURT. You are sure that it was the crow that wrenched open the door - A. I am certain of it.

Q. How soon was Cavill apprehended - A. Understanding that Cavill was one of the men that was there, I left information at Bow street, and the other officers, that if they saw such a man he should be apprehended.

Q. Had you seen Cavill before - A. I had not. I had seen such a man with such a coat on, but not so as to enable me to speak to him. By my information at Bow street he was apprehended.

Q. Was he wounded at all - A. No, he was not.

Cross-examined by Mr. Smith. You are an officer of Marlborough street - A. I am.

Q. You know in this case there is a reward - A. Certainly.

Q. You know there is a large reward for three persons - A. Certainly.

Q. You was about this house some time before - A. I was, the night before, watching about the house.

Q. Was it from any information you received - A. Certainly.

Q. You understood a robbery was to be committed - A. If the information I received was correct there could be no doubt of it.

Q.You had an information - you went in the house expecting that a robbery would be committed - A. I certainly did.

Q. You knew what was to take place - A That I could not know; I expected that they would attempt to break open the house, but I could not tell what would take place.

Q. The servant was sent out of the house - A. That I understood was the case; but not by me.

Q. Then the house was entirely in the possession of yourself and your brother officers - A. Entirely.

Q. You said that you saw some persons about there the night before, but you do not know that either of them were any of the prisoners - A. No, not the night before.

Q. Before you went into the house you say you saw two of the prisoners in Park lane - A. I did.

COURT. Which of the two prisoners did you see in Park lane - A. Starkey and Lasper and three others, but I had not the sight of their faces so as to know them.

Q. Park lane is a place pretty well frequented - A.

Yes.

Q. There was nothing extraordinary in them being together there - A. No, certainly not.

Q. They were some time breaking in - the persons who got in - A. They were.

Q. You went up with a light - A. I had no light.

Q. The first opportunity you had of seeing them was when you got in the large parlour - A. That was the first time, then I did not distinguish any of them; the light was at that instant out.

Q. And during the whole time they were in the parlour together with you, you had no opportunity of distinguishing their persons - A. Not any; they said nothing, so that I had no opportunity of knowing their voices.

Q. Therefore you could not speak to their persons nor their voices at that time - A. Certainly not.

Q. The men got away at the back of the house - A. Yes; in the yard.

Q. You saw a man on the coping - A. Yes.

Q. It was dark then - A. No; I had a candle alight then. I was about as far from him, or a little further, than from to you.

Q. It was a common candle, it did not throw a large glare of light like a dark lanthorn - A. Certainly not; I had a view of him for a second, only as soon as he could get from his knee.

Q. Excepting the light of this small candle it was very dark - A. As dark as could be, the moon had not got up above the houses.

Q. When you were in the parlour with the light they were near to you at that time - A. No, they were some distance.

Q. There was an instant when you was in the room when there was a light - A. Yes.

Q. It was but an instant that you saw a person getting over, which you thought was Starkey - A. A very short time.

Q. You afterwards went round Park lane, there you saw Starkey - A. Yes; there I saw Starkey.

Q. You accosted him by the name of Starkey, he said that was not his name - A. Yes.

Q. You know he goes by the name of Atkins - A. Yes.

Q. That was the reason you said before that he said his name was not Starkey - A. He knew me very well, he could not go and tell me his name was not Starkey only for that reason.

Q. He said some gentleman had jumped off the wall and broke his leg - A. Yes.

Q. In point of fact, the persons who had got away had jumped off that wall - A. No doubt of that.

Q. Did you take any notice of lady Morton's house with respect to the furniture - A. There was a great deal there I believe.

Q. It was not in a state for the reception of the family - A. Certainly not; all the carpets were folded up; the house was not ready for the family.

Q. In point of fact, the servant was the only person there before you went there - A. As far as I know.

Q. At the time these persons broke in you were the only persons in possession of the house - A.Certainly.

Mr. Andrews. On the day before the robbery you could not identify the persons that were standing about the house - A. No.

Q. But on the evening of the robbery you could - A. I did; I saw five persons standing at the corner of Park lane by the post, in conversation, as I was passing on to lady Morton's house, and two of these five were Starkey and Lasper.

Q. The state of lady Morton's house was as the house of any lady or gentleman would be when they are absent - A. Yes. This is the catch and the lock of the door that was broken off.

WILLIAM JACKSON . Q. You belong to Marlborough street office - A. Yes.

Q. You went on the 3d and 4th of October in company with Foy - A. Yes. On the 3d we saw nobody that night, we went all about the street. On the 4th, at half past twelve at night, we were facing lady Morton's house, we saw five men come up towards the area gate; I stopped there; and three went to the front door and then they walked away; when the watch and the patrol were coming down the street they separated, some went one way and some another, and after waiting in the house till about two o'clock I went out to speak to the watchmen, and they said they had seen five suspicious characters.

Q. Did you know either of these five men you had seen that night - A. I did not know them then; I had known Starkey many years.

Q. When next did you go to lady Morton's house - A. About a quarter before six in the evening on the 5th of October.

Q. Did you observe any body in your way there - A. I did not, I went to lady Morton's house, and I told the servant that I was an officer of Marlborough street.

Q. Did you think it necessary to advise her to go out of the house - A. After that.

COURT. You went into the house did not you - A. Yes, I did. I saw her lock the door in Park lane first and take care of the key.

Q. You fastened all the outside doors - A. Yes. I went up stairs when she was in the house, there came a knock at the door; I did not hear the name that was asked for, I retired because I would not be seen; Mrs. Butcher went to the door; for half an hour after this she could not go out, nor could I get the other constables in, because they were about the street then.

Q. How soon, Jackson, after you came in did Mrs. Butcher go out - A. About half an hour.

Q. What time might it be when she left the house - A. Near seven.

Q. How soon afterwards did Foy come in - A. Foy and all the officers came in before she went out; Foy was the first, then Budgell and Thomas Foy . We all went down stairs into a room at the front of the house adjoining the area; there we waited some time before we heard any thing, and after some time came a knock at the door; after that, some time, came a louder knock.

Q. Did any body go to the door - A. Nobody went to the door. Then some time after they knocked harder, and after waiting some time I heard a key go into the area gate; they opened it very easy, they waited some time and came down into the area, they tried several keys for some length of time, and none of the keys appeared to open the area door; we plainly heard somebody say send it in or force it in, or something of that sort. One said, hand down the jemmy. They then made a violent force at the door, the bell that was affixed to the door

very loud; they waited some time before they tried the door again; then the next try the door flew open with force, the bell rang violently again; after that one of them says, come in it is all right.

Q. Are you able to say how many persons entered - A. No; by their feet and their voices there appeared to be three or four; they said go on, get a light; we were without our shoes. Then Foy and the rest of us went up stairs, we all went up in the dark; Foy went first. When I was in the hall I could perceive the light; before I got into the parlour door the light was quite out; then I fixed myself in the door way leading from the parlour into the hall to prevent any of them from returning back; there I continued till the light appeared at the back of the house. I could not tell what part they were in. Then I followed Foy into the yard.

Q. You followed where the light appeared - A. Yes.

Q. At this time you saw Foy - A. I did. I saw one of the prisoners just rising off the coping: it was in a direction where Starkey lay; I could not tell Starkey at that time.

Q. You saw a man - A. I saw a man just rising from the roof of the back office facing Park lane.

COURT. He was rising from where - A. From the leads; he got up upon the wall, he was upon his knee when I saw him, and he ran straight forward, he jumped over the spiked wall to the place where Starkey was found.

Q. Is that the wall next Park lane - A. Yes. Then Foy and Budgell ran round; in the passage that leads to the yard, inside of the house, there was a hat laying among the blood. I went into the house to fasten the street door.

Q. Did you follow the track of that blood - A. Afterwards I did.

Q. Do you know how that blood came there - A. I suppose Foy wounded some of them.

Mr. Andrews. While you were at the door to prevent any of them from returning, did you hear any sound of a pistol - A. That was before I came there; there were two pistols fired in the yard; one in a direction for Starkey.

COURT. When was it you saw these two pistols fired - A. When we got in the yard.

Q. One in a direction for Starkey you said - A. Yes, in a straight line in the direction where he run; the other more to the left; that is all I saw of them then, till Starkey was brought round.

Q. How long after this was it before Starkey was brought down - A. In about two minutes he was brought down. Foy and Budgell went round, and they with other persons brought him round into the hall.

Q.What condition was he in - A. His leg was broke.

Q. Were you able to say when he was brought in that he was the same man that you saw on the platform - A. I saw not his face then; I have no doubt but he was the same man that went in that direction, but I will not say he is the man. Then he was taken to the infirmary in Mount street.

Mr. Andrews. The watchhouse and infirmary join together - A. Yes. In returning from the house, up Mount street I met Lasper, being brought to the infirmary with his arm bleeding, in the custody of O'Brien and another; when he was brought in the watchhouse I searched him, to see if he had any thing about him; I found nothing but a knife and a pair of scissars.

Q. Were you in company with Foy when he compared the keys with the door - A. I do not recollect that I was. I saw the crow compared.

Q. Did you go the next morning to the house - A. We went and examined the place, and we traced the blood round the garden.

Cross-examined by Mr. Smith. You know there is a reward - A. I do.

Q. You went with an expectation that a robbery was to be committed - A. Yes.

Q. You saw some persons lurking about the house - you did not take the persons up who were lurking about the house - A I did not.

Q. It was not quite so good a thing taking up suspicious persons lurking about the house - A. I cannot say.

Q.You, the officers, were the only persons in the house at the time when they came in - A. We were.

Q. When the persons were in the house you did not see any of them - A. I did not.

Q. The only opportunity you had of seeing any person was in the yard - A. Not in the yard; upon the wall, with their back towards the houses.

Q. The wall is some little distance from the house - A. Not a great distance.

Q. You went in the yard and saw some person upon the wall - a pistol was fired at that person, whoever that person was, in a direction to that person - whether it hit him you cannot say - A Yes, I can; it was about four inches below where that person was. I picked the ball up.

Q. Another pistol was fired - A. That I cannot tell.

Q. You told me two pistols were fired, one against the man on the wall and the other to the left; now take care, you have accounted for one, by saying one missed - whether the man upon the wall was Starkey you cannot say - A. I cannot.

Q. You were not there when Foy took out the ball in the parlour - A. I believe the ball is in the door or window shutter now.

Q. Starkey is the man that has got his leg broke - A. Yes.

Q. Starkey was not shot - A. I believe not.

Q. You did not see Starkey, or Lasper, or the other person there - A. I did not.

Q. You cannot say who the person were - A. I cannot say, I do not know.

JAMES BUDGELL . Q. You are an extra officer of Marlborough street office - A. Yes.

Q. Did you go in company with Foy and Jackson to lady Moreton's house on the 5th of October - A. I did.

Q. What time in the evening did you go there - A. It might be six o'clock, as near as possible.

Q. Did you see any persons near the house - A. Foy went a little before me; just as we come to the corner of Chapel street, I saw five men standing at the corner of Park lane in Chapel street, about fifty yards from lady Moreton's house.

Q. Were they in conversation together - A. I could not bear them; they appeared as such, they stood close together. I saw Starkey and Cavill.

Q. Are you certain they were two of the five men you saw standing there - A. I am positive upon seeing

them there: I gave a sign to Foy, he walked on and went to the countess of Morton's house and went in; I followed him; Cavill was behind me following of me, I do not know whether he knew me or not; I turned down South street to the left; he turned down Park street again and went on the other side of the way.

Q. Did you observe him do any thing - A. When he passed he looked up at the countess's house, he then went into Chapel street again; then I observed he came round a second time; he was so near to me that I was obligated to go down a mews in Chapel street.

Q. Did he know you - A. He must have known me, because I have seen him in custody at the office; then he went round again on the opposite side of the countess's house; and then I went into the countess's house, were Foy and Jackson were; I went down with Foy and Jackson, and Foy's brother, into the room next the area.

Q. We hear that the men broke in, did you see either of the men in the house so as to know their persons - A. I saw Starkey in the yard.

Q. Was that the yard that the back parlour led into - A. It was; the back parlour led into the yard by a door; there is a kind of a platform there; there is a kind of a washhouse in the yard; I ran out of the back parlour into the yard with a candle in my hand alight; Starkey was exactly facing the door, then, getting up the platform, he jumped off where the spikes were; he either jumped or dropped, he went towards the further wall where the spikes were; I have no doubt of it being Starkey.

Q. Did you see either of the other prisoners there - A. I did not; I saw a man drop to the left, I could not say who it was; there were some trees I went round with Foy; he took Chapel street I took South street; there was not a soul passed; I found Starkey sitting with his leg up; I said Starkey, is it you; he said no; I said I am positive it is; he said my name is not Starkey.

Q. How long have you known him - A. I have known him about three or four years; me and Thomas Foy took him to the watchhouse: from there he went to the infirmary.

Cross-examined by Mr. Smith. You are one of the officers too - A. I am an assistant to the officers.

Q. Part of your business is to take up suspected persons - A. I go with the people that do, and when they go I do as they do.

Q. Especially if they are bad persons you take them up - A. That depends upon circumstances.

Q. That is to say, if there is a reward then you take them up - A. I always leave that to them that know better than myself.

Q. You saw five persons together in Chapel street - A. I did.

Q. These were suspicious persons, were not they - A. I knew two of them to be; I cannot answer for the other three.

Q. You followed one of them persons - A. No, he followed me.

Q. Then it was most likely he knew you - A. That I cannot say.

Q. You avoided him - A. Most undoubtedly.

Q. But he followed you - A. Yes.

Q. You know there is a reward upon this - A. I do.

Q. How many officers are there of you - A. There were three besides myself.

Q. How many robbers were there - A. There were five when I saw them.

Q. You expected the job to be done - A. I did.

Q. Perhaps you knew how many were to do it - A. I heard five, and their names.

Q. You went to the house and saw five persons lurking about, you did not chuse to take them; you did not see these persons in the house - A. I saw Starkey getting out of it.

Q. It was a very dark night was it not - A. No, it was not.

Q. The moon was up - A. Yes, it was; I had a candle in my hand.

Q. There are some trees near that yard, are there not - A. In the next yard, to the left.

Q. The moon was up far above these trees - A. They are low trees.

Q. The trees are low, that you are sure of; the moon was above the trees - A I could not say, to be positive.

Q. You had a candle in your hand - A. I had.

Q. You just got in the yard, you saw a person getting over the wall - A. I did.

Q. You were some distance from that person - A. I might be three yards, or not so much.

Q.Three yards, not more - A. Three or four yards, it could not be more.

Q. You are very accurate - A. I can always judge by the distance.

Q. This man was getting over the wall - A. Yes; he jumped over instantly.

Q. Were you there before Foy came up - A. No, just after Foy went into the yard.

Q. Then Foy had the same opportunity of knowing how long he had been in the yard as well as you, he must, because he was there before you - A. Foy was there before me; I found him in the yard.

Q. Of course nearer to the wall than you - A. When I came in the yard I went up to Foy; we were as near as possible together; I did not know Foy was in the yard till I came in.

Q. You had the candle - a man who has a light, in general, he is more visible to a person standing in the dark than a person who has not a light, the light throws some glare about him - A. Of course.

Q. It was but a short time that the man was getting over the wall - A. It might be two or three minutes.

Q. Did you see the pistol fired - A. I cannot say I did.

Q. Foy, Jackson, and you, were out at the same time - A. Yes.

Q. And you did not see the pistol fired - A. Do you mean the pistol fired at Starkey, or the person getting over the wall.

Q. I asked you about the firing of a pistol - A. I saw a pistol fired; I fired it myself.

Q. Then you in fact fired at the person getting over the wall - A. I did.

Q. Starkey was not wounded by the pistol - A. No.

Q. A man was afterwards found who had been wounded - A. Yes.

Q. The pistol was fired in a direction to the man getting over the well - A. It was.

Q. You had but a short time to observe the man get ting over the wall - A. Two minutes.

Q. How far were you from him - A. Three or four yards.

Q. You had two or three minutes to look at him, and not three or four yards off, and yet not to have taken him; you did not see Cavill in the house - A. No.

Mr. Andrews. He was on the platform and you in the yard - A. Yes; it was impossible for me to reach him.

THOMAS FOY . Q. You are an officer - A. Yes.

Q. Did you go on the night of the 5th of October to lady Morton's house in company with your brother - A. I did.

Q. Did you see any body in your way going there - A. I saw five persons; I cannot swear to either of them.

Q. Then you went with your brother to the house - A. I did.

Q. Did you see either of the prisoners at the bar in the house - A. I did not.

Cross-examined by Mr. Smith. Is Park lane so situated that if a person is standing in Park lane, that a man jumping off the wall might jump upon him - A. Impossible.

Q. Is there no place in Park lane where a man might jump off on a man - A. Yes, under the wall.

PETER DECAUX . Q. What are you - A. I am a carpenter and joiner by trade; I lived in Park street at that time.

Q. On the 5th of October last, was the house in which you live in opposite of lady Morton's house - A. Very nigh.

Q. Did you observe any thing particular either on the 3d or 4th of October at lady Morton's house - A. On Saturday, the 1st of October last, about eleven o'clock at night, going from the pay table into Park street just turning the corner of Chapel street, I saw four men opposite of the house that I lodge in, standing at the door of lady Steward's steps, opposite of lady Morton's house; I then passed my own door and went to the top of Park street, the corner of South street, and then I crossed the road and came down and passed the four men, who were on the top of the steps; I then saw one whom I knew, of the name of Cavill; I knew Cavill by working with him in Bridge street, Blackfriar's road; I then went down into Chapel street again, and at that time the watchman was calling past twelve o'clock. On the 4th of October I saw him at the Bleeding Hart, Drury lane; I went in there in consequence of knowing Cavill resorted to this house; there I saw Starkey, Lasper, and Cavill, and a person of the name of Jack the Baker.

Q. Are you quite certain that they were the men you saw there - A. I am; they were in company together.

Q. Did you hear any conversation pass between them - A. Yes; I heard them appoint the time that they were to meet, this Cavill did.

Q. What time did he say - A. This was about six o'clock in the evening, he did not say where he was to meet; they were to meet at nine o'clock on that evening, the Tuesday evening, and they were to do the trick at eleven o'clock; this was on the 4th.

Q. Did you understand them it was to be eleven that night - A. Yes.

Mr. Smith. Do not repeat what you understood, but what they said - A. They said they were to meet at nine o'clock and do the trick at eleven o'clock that evening; I then proceeded immediately to Marlborough street and gave information; I acquainted one of the officers with it, and I told him to be at my place by nine or ten o'clock.

Q. You apprised the officers, did they come to your house that night - A. They did.

Q. Did they watch in your house - A. Yes; I put them in the front parlour of the house that I lodged in.

Q. Did you remain watching with them - A. I remained in the parlour with the officers. We stopped in the parlour till about half past twelve; there came five men up to lady Morton's door; four of them went up to the steps of the door; Cavill then crossed away and left them, and came under our window where we were, on the opposite side of the way, to watch them; Cavill was smoking a pipe.

Q. Had you an opportunity of distinguishing that it was the prisoner Cavill - A. I knew his face perfectly well; at the time he had a red waistcoat on. Then the watchman was coming his half hour, calling half an hour after twelve o'clock; they all dispersed, I saw no more of them that evening. On Wednesday the 5th I went to the Bleeding Hart again; I saw Cavill there, Lasper, Starkey, and Jack the Baker.

Q. What time of the day was this - A. Between one and two in the afternoon; Cavill then said I will go and see after so and so, see if the tools are all ready; that is the expression he used; he came back again: I remained there till he returned: he went out and came back again in half an hour.

Q. Did Lasper, Starkey, and Jack the Baker remain there - A. Yes; they were in the house when he returned; he said it was all right, we are to meet at five o'clock, and I will be down to the house by six o'clock. I then came down to Marlborough street again, and left them.

Q. Was any thing said about the house they were to go to - A. To lady Morton's, they mentioned the number, they said 228, Park street.

Q. Is that the number of lady Morton's house - A. I believe it is.

Q. Which of them was it that said this - A. Cavill. Then I went away; I came from Marlborough street and acquainted the young woman of the house of it. I stopped in the house with her till the officers came in.

Q. Did any knock at the door come while you were in the house - A. Yes; about twenty minutes before six, as near as I can say, while I was at the door.

Q. Who answered the door - A. The young woman. I went up to the door and opened the door.

Q. When you opened the door who did you see - A. I saw Lasper come up to the door; he asked if general Douglas lived there; the young woman answered no, no such person lived there. This Cavill was then standing behind him upon the pavement; only Lasper was on the steps; Cavill was on the foot path.

Q. Are you sure it was the prisoner Cavill - A. I am sure of it, because I saw him between the hinges of the door, I knew him before; they then went away and the door was shut. This was between five and six o'clock on the 5th of October. In a short time afterwards

I went out of the house.

Q. Tell me when next you saw the prisoner Cavill - A. When I went out of the house and came round South street, I saw the five men together. On the same evening, the 5th of October, I saw them in South street.

Q. How near to lady Morton's house - A. Just about three houses off.

Q. Was either of the men at the bar there at that time - A. Yes, all three.

Q. What did you do upon this - A. I then kept back of one side till an opportunity suited; I kept on the watch; I saw Starkey and Lasper go to the gate, and Starkey opened the gate.

Q. Were you near enough to see what he opened it with - A. I could not see that; I saw him open it with some kind of instrument, it rattled. After he had opened it some persons came past and they went away towards Chapel street.

Q. How soon after did they come back - A. They were a considerable time; people came backwards and forwards; I believe it might be half an hour. Starkey and Lasper went down the area steps, and another person with them.

Q. Starkey and Lasper you are certain of - A. Yes.

Q. Did you know the other person - A. Jem Britten his name is, he is one of the five. Cavill then stood at the bottom of Chapel street along with Jack the Baker, and after some considerable time, when I supposed they had got the door open, one of them said it is all right, come along.

Q. Which of them was it - A. I do not know, it was dusky. Then immediately Cavill left Jack the Baker and went down the area steps.

Q. Did you keep your eye upon the area steps all the time - A. Yes. Jack the Baker went into Park lane at the back of the house.

Q. Did you see Cavill return - A. No; I waited at the front of the house till I heard the report of the pistol, and till Mr. Foy came out; when Foy came out Jack the Baker was coming round from Park lane into Park street to the front of the house; seeing Foy then he ran away into Park lane again.

Cross-examined by Mr. Smith. What is your name - A. Peter Decaux ; I lodge now in Tottenham court road.

Q. It is not a great while ago this happened, where did you live then - A. I lived in Park street at the time this happened; I remained there till the lady came back again.

Q. You know the Bleeding Hart, you say you went to the Bleeding Hart expecting to find good company there - A. Such as it was; I went there for curiosity.

Q. Your curiosity led you into the company of housebreakers at the Bleeding Hart - had you any thing else to do - A. I had; it was my curiosity; I thought it was my duty.

Q. You know there is a reward - A. I am quite ignorant of any; if there is any fee or reward I am quite unacquainted with it; I do not know there is any reward at all for it; I did it for the good of the country.

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

Q. When you saw these people at the house, called the Bleeding Hart, they said so and so, we will meet at such a time - what were the words they said, recollect the words - A. They named the place, that is all.

Q. When did they name the place - A. At the time they were talking about it, such a place was a good thing.

Q. Park street was a good thing - A. They said the countess of Morton.

Q. You said one of them said we will go and see after so and so; that was on the 4th - A. Yes; and on the 5th too.

Q. When you were at the Bleeding Hart what did you do - A. I smoked my pipe and drank my beer.

Q. Did you talk with them - A. No; no conversation with them at all.

Q. You knew Cavill - A. Yes.

Q. You had nothing to do with Cavill, do be cautious, you sat quite of the other side of the room - A. It is not so wide as it is from me to you.

Q. They knew that you was there - A. I suppose so; Cavill knew me, I dare say, by working with me.

Q Did they speak loud - A. Loud enough for any body to hear what they said.

Q. The next day they said they would go and see after so and so again - A. They did not say after; they would go and see where so and so was; they did not say what they would do; it was a good thing.

Q. Had you seen Cavill or any of the other persons about there before - A. Not before the Saturday night.

Q. It was very necessary for them to mention in your hearing 228 in Park street - A. Yes, they did.

Q. You say you saw Cavill through the hinge of the door - A. Through the joint.

Q. Cavill had afterwards the same opportunity of seeing you - A. He did not see me.

Q. You were watching about the street while you saw some persons break in - A. I did.

Q. Then they had the same opportunity of seeing you - A. They might or they might not think I was looking.

Q. I should like to know what your occupation is - A. I am a carpenter and a joiner.

Q. They tell me that you are a putter up - A. That is a thing I do not understand.

OWEN O'BRIEN. Q. You are a watchman I believe - A. Yes, I am now, I was not at the time I took him.

Q. Where were you on the 5th of October - A. I came up to Mount street watchhouse to get on the watch.

Q. Do you know the back of lady Morton's house in Park lane - A. I do not.

Q. Look round and tell me whether you know any of the men at the bar - A. I know Lasper; I saw him getting over a wall on the 5th of October; he came out of Park street, close by the corner.

COURT. What day was that - A. It was on a Wednesday near the beginning of October.

Mr. Andrews. What time of night - A. About half past eight.

Q.Had he any thing the matter with his arm - A. He came over the wall without a hat.

Q. Do you know whose wall that was - A. I do not.

Q. Do you know where lady Morton's house is - A. I do not.

Q. Did he say any thing to you - A. He did when I laid hold of him. When he went down the Mews he

said you rascal do not hurt my arm; I said back again, what ailed your arm; he said it was sore, and with that I made a second hold of him by the collar, and I brought him out of the mews with the assistance of another man; I took him to Mount street watchhouse, and gave him up there.

Q. What appearance was his arm in when you got to the watchhouse - A.It was bleeding.

Q. Did it appear to you to be fresh wounded - A. Yes; it bled a good deal.

AGNES BUTCHER . Q. Are you a servant to lady Morton - A. Yes.

Q. You were so in October last - A. Yes.

Q. Where was lady Morton at that time - A. In Scotland.

Q. She is not now in town - A. No.

Q. Do you remember the officers coming to your house - A. Yes; on the 5th of October.

Q. Did you see the outer doors made fast - A. Yes. I did; I tried them myself, and saw that they were all fast.

Q. Did you in consequence of any thing that was said to you go out of the house - A. Yes; by the officers directions I went out of the house.

Q.What time did you leave the house - A. I think it might be six or a little after.

Q. Did you go immediately from the house or watch it - A. The officers were not all come in the house; I staid at the door and kept the door open that the officers might come in without knocking or ringing, to prevent their being observed; then when the officers were all come in I pulled the door after me.

Q. Did you then immediately go away - A. I went away immediately, when I pulled the door to.

Q. Did you see any thing happen to the house that night afterwards - A. I walked away a good bit, and returned to the house, I think it may be more than an hour, I cannot exactly say, as for that; on my coming opposite of the countess of Morton's house I saw a man endeavouring, as I thought, to open the gate.

Q. Did you know that man - A. I have no doubt but it is the man that is sitting down, the man that had his leg broke; I saw him go from the gate to the place where I had before seen five men standing.

Q.Whereabouts were the five men standing - A. In Park lane.

Q.How near to the countess of Morton's house - A.It might be two hundred yards or more.

Q.Had you such a view of them so as to be able to speak to their persons - A. No, I could not; after I saw the man open the gate, as I thought, I walked off a bit for may be twenty minutes or so; on returning to the opposite side of the street again, I saw a light over the top of the street door; then I thought they had got into the house; I did not observe any more at that time, not till I heard one of them was taken; on my going into the house I saw Starkey with his leg broke.

Q. What parish is lady Morton's house in - A. St. George's.

Q. What number - A.128.

COURT. That differs - the other witness said 228.

Mr. Andrews. He did.

Q. When did lady Morton leave her house - A. On the 11th of July; I expect her home on the 11th of January.

Q. Has lady Morton given up her house - A. I expect her.

COURT. Her furniture is in the house now, is it not - A. It is.

Cross-examined by Mr. Smith. You say the number of lady Morton's house is 128 - A. Yes.

Q. You are sure it is not 228 - A. No.

Q. Do you know what parish it is in - A. St. George 's, Hanover square; I am sure of that.

Q. When you went out of the doors you were sent out by the officers - A. I was.

A. You were of course in a good deal of alarm - A. I was.

Q. I suppose you could not take much notice - A. No.

Q. Do you know lady Morton's name - A. Catherine Douglas , that I know to be her name.

Q. What rank is lady Morton - A. I do not know; I never heard.

Q. Whether she is a Scotch or English peeress that you do not know - A. I cannot say; she is called the countess of Morton.

Q. You say that lady Morton went on the 11th of July - A. Yes.

Q. The house was not in order for the reception of the family at that time - A. No, it was not.

Q. You say you expect her back at a certain time - A. Between the 1st of January and the 12th, because the lady said she expected to be back at that time when she left me in charge of the house.

Q. Have you had any communication with her or her agents since on the subject - A. No.

Q.Have you fair reason to expect her back - A. Yes; she is going to keep the house, and going to return at that time; she intends so.

Q. You have had no directions from her for getting the house in order at that time - A. No.

Q. Nor any body else - you were not in the house at the time when it was broken open - A. No.

Starkey said nothing in his defence.

Lasper said nothing in his defence.

Cavill's Defence. I am innocent.

STARKEY, alias ATKINS, GUILTY - DEATH , aged 38.

LASPER, alias COLLINS, GUILTY - DEATH , aged 25.

CAVILL, GUILTY - DEATH , aged 38.

Second Middlesex jury, before Mr. justice Grose.

Reference Number: t18081130-46

46. DANIEL MARTIN was indicted for burglariously breaking and entering the dwelling house of Charles Hamilton , about the hour of twelve at night, on the 26th of November , and burglariously stealing therein, seventy pounds weight of salted pork, value 3 l. fifty pounds weight of salted beef, value 30 s. and ten pounds weight of butter, value 5 s. the property of Charles Hamilton , Esq .

The case was stated by Mr. Andrews.

CHARLES HAMILTON , ESQ. I live in the parish of Harrow .

Q. Do you know the prisoner Martin - A. Yes; he has been employed as a labourer by me for some years; he lived about a mile from me. On the morning of the 27th, from information of my servant, I discovered that the bars of the window of the larder had been broken, and that the wirework of the window inside was forced open; the bars were the external security.

Q. Describe the situation of the larder with reference to the house - A. The larder is not under the roof of the house, the situation of the larder is beyond the wood house; the wood house is between the larder and the passage, they all adjoin; you go through a covered passage, by the side of the wood house, to the larder, and the larder adjoins the wood house; the roofs are connected.

Q. But the roofs of the wood house and the larder are not connected - A. No; but the wall of the house is the support of one side of the roof of the passage, and on the farther end of the passage is the wood house; on the opposite side there is a small yard; on one side is the house, on the other is the wood house, and on the opposite side is the larder.

COURT. Going out of the house you go into the passage - A. No, we go into a small yard, and directly opposite the door that goes to the servants hall is the larder: in the yard, on turning to the left, you go into a passage, and on the right hand of that passage is the wood house, and on the left hand is the house.

Q. How does the larder stand with respect to the wood house - A. The corner of the larder is joined to the corner of the wood house, and the wood house adjoins the dwelling house, and they all make a fence to the yard.

Q. It is all completely your house - A. It is.

Q. You do not know any thing of the meat that was deposited in your larder - A. I do not.

MARY HYDE . Q. You are Mr. Hamilton's cook - - A. Yes.

Q. Do you know the prisoner - A. I know him by sight; he worked for my master.

Q. Had you seen the larder secure on the night of the 26th of November - A. Yes, I had fastened it up myself at nine o'clock that night, I locked the larder door and hung the key up in the kitchen; I went to the larder the next morning by seven o'clock; I found the key where I had left it the over night.

Q. In what state was the larder on that morning - A. The window had been broken open and a considerable quantity of meat had been taken away. There was a flitch of bacon and two hams, and one pig's face, which I had cut in two, and another half of a face, which was cut in a different way, a round of beef, an aitchbone of beef, a clod of beef, and some cheese and butter; they were all taken out of the larder.

Q. Are you sure that all these things that you have named were in the larder at the time you made it secure - A. I am confident of it; I informed the butler, and my master was informed of it.

Q. When did you see any of this meat afterwards - A. I saw it on the Monday afterwards at Marlborough street office; I am sure it is my master's property.

WILLIAM SEARCH . On the 27th of November, in the morning, between seven and eight o'clock, I went to Mr. Hamilton's house; there were traces of footsteps backwards and forwards at Mr. Hamilton's house; in consequence of tracing these footsteps I went to the prisoner's house; I saw his wife first; she called her husband; I told Martin I had come to search his house on suspicion of some things stolen from his master. I went into the kitchen and the bedroom, I found no property there; on my coming out of the door of the bed room down stairs I saw a stair case; I said, this I suppose belongs to you, I must go up and see; she says, you need not go up there, we never put any thing there; I said it did not signify, I must go up there; the prisoner was close by. I went up stairs directly, I called the groom, John Bayliss , to come up; the first thing I saw was a large quantity of potatoes; it was a store room, there were two hams and a side of bacon, it was pork meant for bacon, it was all put in pickle, a pig's head cut in two pieces, a round of beef, an aitchbone, and a clod; they were in two dirty bags, they stood close by one another, covered with nothing, nor yet tied. After I secured the prisoner I took the meat to a man at the next house, his name is Martin. When the prisoner was apprehended he owned he did it.

Q. Did you tell the prisoner, or give him any reason to believe, it would be the better or the worse for him if he confessed - A. I did. I fetched him out of the road; he was going away; I gave him in charge. I said, now Martin, if there is any more concerned, tell us; he said, there is nobody but myself. I left the goods in Martin's house; the groom took them to the magistrate.

The property produced and identified.

Prisoner's Defence. I know nothing at all about it.

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

GUILTY , aged 33.

Of the larceny only.

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

Second Middlesex jury, before Mr. Baron Graham .

Reference Number: t18081130-47

47. WILLIAM BURGE was indicted for feloniously stealing on the 9th of November , from the person of James Gilding , a purse, value 1 d. a guinea, three half guinea, two seven shilling pieces, ten shillings, and three bank notes, value 1 l. each, his property .

The prosecutor being called, and not appearing in court, the prisoner was

ACQUITTED .

First Middlesex jury, before Mr. justice Grose.

Reference Number: t18081130-48

48. BRIDGET LEWINGTON , MARY JONES , and HARRIET SPIKE , were indicted for feloniously stealing on the 3d of November , twenty five yards of British lace, value 33 s. eighteen yards of ribbon, value 9 s. and a yard of purple ribbon, value 7 d. the property of Robert Kenyon , privately in his shop .

ROBERT KENYON . I live in Little Newport street, St. Ann's, Westminster . On the 3d of November, in the evening, about half past four, Lewington and Jones were in my shop, Lewington came in to buy some ribbon; I was informed by one of the shop women that she had stolen something as she was going out of the shop door; I followed her, and while I was looking after her, the prisoner Mary Jones came out and followed after Lewington; they both spoke together; I followed them at a distance of about ten yards, still approaching nearer; and momentary they came to Earl court in Little Newport street, Jones and Lewington met Spike, they conversed together, all three; Jones and Spike went down this court and left Lewington at the top of the court; I saw Jones pass out of her apron into the apron of Spike, some lace; when I approached Lewington she dropped from under her red cloak a ribbon block and the paper that was round it; there was no ribbon on it, that gave me suspicion that Lewington had

stole something, at the time she was in the shop; I immediately told them all three I must detain them, that I had something to say to them; I called a man to my assistance, that was going into a leather seller's shop; he came, and Lewington dropped a half piece of ribbon from under her cloak, with my own mark upon it; I took it up and took the prisoners back to my house; on my taking them up stairs Spike made a stumble and flung out of her apron two pieces of lace; aye. said I, this is what I wanted; immediately I took them all up stairs, and they were all searched; I found on Lewington a small bit of paper, containing a yard of white ribbon, folded up in one of my shop bills, which I understood had been bought the night before by the same woman; I immediately sent for the constable and gave them in change.

Q. Have you got the ribbons here - A. Yes; there is eighteen yards; it is worth nine shillings; this ribbon was dropped from Lewington, this blue ribbon was found on the ground, where they stood in the passage, after they were taken up; it was the ribbon that was wound round the block, and here is the lace that passed from Jones to Spike, and found upon Spike; it is worth thirty three shillings; I had seen it in the shop on that day; Spike denied ever having it.

ELIZABETH HASLOP . I am shopwoman to Mr. Kenyon.

Q. Do you remember seeing the prisoners or any of them coming into the shop - A. Jones and Lewington; I served Jones with a yard of ribbon, she gave me threepence for it and was going out.

Q. You said something to Mr. Kenyon, in consequence of which Mr. Kenyon followed them - A. Yes.

THOMAS SPRATLEY . I was going into a shop in Newport street; Mr. Kenyon desired me to give him assistance, as he suspected he had been robbed; in the mean time I saw a piece of ribbon lay by Lewington on the pavement. I assisted in taking them to Mr. Kenyon's house.

The property produced and identified.

Lewington's Defence. I made up a bonnet for a little girl, she told me to bring her a yard of five penny ribbon she gave me the fivepence for the ribbon; I told the gentlewoman I wanted a yard of fivepenny ribbon; he made answer to the woman, you serve the thread and I will serve the ribbon; in the mean time I had this ribbon in my hand, I asked the price; he said six pence; I said I have got but fivepence, I want five-penny ribbon; I went out of the shop; he came after me and said he picked up this ribbon; well, says I, I do not know how that came there, I never had such a ribbon in my hand.

Jones's Defence. I was going to Cranbourn alley the same day; I bought a new pair of shoes; I went into this gentleman's shop and bought three pennyworth of ribbon, and paid him. On my going out I met this gentlewoman, I asked her the way to Cranbourn alley; I never saw her before; I turned down the court, I met another woman with a pail in her hand, I said to her is this the nearest way to Cranbourn alley. He said come back; I said go along fellow; he said I will make you suffer, I have been robbed for a twelvemonth; he said to me and these two women, if it is in my power I will hang you; he took me into his place along with these two women, up stairs in the dark, and called for a candle; he stripped me start naked, all but my shift; he found nothing about me but the yard of ribbon.

Spike's Defence. He pushed us all three in together; how can he say he saw the lace fall from me, when we were all pushed in together.

LEWINGTON, GUILTY , aged 30.

JONES, GUILTY , aged 28.

SPIKE, GUILTY , aged 23.

Of the larceny only.

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

Second Middlesex jury, before Mr. justice Grose.

Reference Number: t18081130-49

49. ROBERT STIMPSON was indicted for feloniously stealing in the dwelling house of Charles Mayo , on the 19th of November , nine shirts, value 6 l. seven handkerchiefs, value 10 s. three broaches, value 10 s. a half guinea, and a bank note, value 2 l. the property of Robert Hawkins .

ROBERT HAWKINS . I am a carpenter .

Q. Do you lodge with Charles Mayo - A. Yes; at the White Hart in Chancery lane ; I have lodged there between two and three years.

Q. Do you know what parish that is in - A. That I cannot possibly say. St. Andrew's, I believe.

Q. Now look at the prisoner; do you know him - A. No further than seeing him at Hatton garden on the Wednesday morning, when he had my property on him.

Q. Did that man come to lodge at Mayo's house - A. Yes, as they informed me; on Friday evening the 18th when I came home from work I found a man in bed, in the room where I sleep.

Q. What time in the evening was that - A. A little after eleven.

Q. You went to bed - A. Yes.

Q. What time did you go out to your work the next morning - A. A little after six.

Q. Now what things had you of your own in the room where you slept - A. I had a chest.

Q. Was it locked - A. Yes, I had the key myself; it was locked when I got up and went out in the morning.

Q. Did you look in your box - A. No; I always try the lock to see whether it is locked when I go out in the morning.

Q. When did you last lock it - A. The day before in the morning, before I went out to work; I wanted something out.

Q. Were all your things safe in it then - A. Yes, it was.

Q. Now tell me what things particular you had in it - A. I had nine shirts, marked RH, and two neck handkerchiefs, marked RH, two pocket and two necks.

Q. Was there any thing else - A. Yes, there were silk handkerchiefs, one marked with a figure of nine, one pocket handkerchief not marked, a two pound bank note, half a guinea, and some silver, and three broaches; I went out to my work in the morning, I returned between twelve and one in the day; I went up into my bed room, I looked at my chest, I found it broken open.

Q. What was the lock forced - A. Yes.

Q. Was it open or shut - A. It was shut; I tried to unlock it with the key, I could not; I put my hand

to the lid and lifted it up; then I missed the articles.

Q. Upon your oath, have you missed all the things you have related - A. Yes.

Q. When you went out in the morning you left the stranger in bed, did not you - A. Yes, I did.

Q. When did you see the things again - A. It was on Saturday the 19th I missed them; I saw them again on the Wednesday following; I saw three handkerchiefs and one shirt.

Q. Was that all you saw - A. Yes. The prisoner at the bar had got the shirt on; when I came to the office it was taken off him, and then I could swear to it, it had got the name taken out; when he was first taken, when I first saw it, the name was taken out; I knew it by the mark in the bosom of the shirt, it was worked with a heart, I knew it by that, by the work of that heart; I believe to the best of my knowledge it was my shirt, I knew it by the frill, and every thing; I saw it was a new shirt; the person who made the shirt is in court.

Q. Now with regard to the two handkerchiefs, can you speak to them - A. Yes, one is marked with my name; the pocket handkerchief and the other is marked with J. A. No. 9; it is a silk handkerchief; and a pocket handkerchief that is not marked; I know that, having had it for three years, for a particular reason; I know it as an old acquaintance.

ELIZABETH ANN MAYO . Q. You are the daughter of Charles Mayo - A. Yes.

Q. Do you happen to know what parish your house is in Chancery lane - A.St. Andrew's.

Q. Your house is the White Hart - A. Yes.

Q. Now look at the prisoner at the bar, do you know him - A. Yes, I know him very well.

Q. When did the prisoner come to your house to lodge - A. On the 18th of November; he came about eight o'clock in the evening, he asked me if he could have a bed; my mother said he might have one up at the top of the house.

Q. At how much a week - A. At three shillings.

Q. Was he a perfect stranger to you - A. Quite so; he informed my mother that he was a gentleman's servant out of place.

Q. What room was he to sleep in - A. In the front garret.

Q. Who slept in the same room with him - A. Robert Hawkins , with one of my little brothers; he took a glass of beer, and said he was going to Lincoln's inn or Stone buildings; he returned about eleven at night and went to bed.

Q.Was that before Hawkins came home - A. I cannot exactly say that.

Q. Do you recollect at about what time the prisoner got up the next morning - A. Between nine and ten; he did not breakfast with us; he passed the bar, I saw him go past the bar window through the passage; I did not see whether he had any bundle or no; he seemed as if he was coming down stairs; I heard him speak to my father, and said if any one should call on him at twelve o'clock he should be there; my father asked him his name, he said his name was Harris; he went out and never returned.

Q.Of course he did not pay for the lodgings - A. He paid before hand.

Q. He paid the over night, did he - A. Yes, he changed a seven shilling piece. About the middle of the day Mr. Hawkins, the young man that slept in the same room came home, went up stairs and found his box broken open; my father and me went up stairs; at the same time my brother's box was broke open; he went into three different rooms. I found three boxes broken open.

Q. Did any body else lodge up stairs - A. Another man lodged in another room.

Q. How long had he lodged with you - A. Some time; he is a very respectable man, he appeared against the prisoner at Hatton Garden; he is now gone in the country. Nothing was taken out of his box. My brother's box was entirely stripped of every thing.

Q.With regard to Hawkins, he has lodged with your father near three years - A. Yes; he is a very respectable young man.

JONATHAN TROTT . I belong to Hatton Garden office; the prisoner was brought into the office by a publican where he had lodged recently; the man is here, his name is John Anderson ; he was delivered into my custody on Saturday the 19th of last November; I searched him; in his pocket I found a pair of gloves; in his side pocket I found a silk handkerchief and a cotton handkerchief, and another handkerchief; the silk handkerchief is marked J. A. 9. We did not know of this robbery then; he was charged with another; I asked him his name then, he told me his name was Robert Stimpson . I then said you have got a very good shirt on, and I mean to see whether it has any marks on it; there I saw two leters, R. H.; I am sure of that; he was committed afterwards, and brought up again on the Wednesday. I have had the two handkerchiefs ever since. On the Wednesday Hawkins came; he saw these things and swore to two of them; he was suffered to go to prison with the shirt on.

JOHN HUDSON . I took the prisoner to goal on Saturday the 19th; he was brought into the office by a publican.

Q. You did not strip the shirt off him then - A. No. I was present when Trott took the shirt out of his breeches, I saw the mark R. H. On Wednesday the second examination I took the shirt off him.

Q.Then you do not know whether he had changed the shirt from the Saturday to the Wednesday - A. I am pretty sure he had not; I took particular notice of the shirt, I am sure it was not changed; he confessed to me that he picked the mark out. I asked him how he came to pick the mark out that was on the Wednesday, he said he had a right to pick the mark out if he liked, it was his own. Here is a handkerchief I found on him marked with R. H.; and this waistcoat I found on the 19th; I took these from him before Trott searched him; he had them under his arm when he was first brought into the office.

JOHN ANDERSON . I am a publican, I keep the Lamb in Lambsconduit street.

Q. Do you know the prisoner - A. Yes; he came to my house on Tuesday the 15th of November and asked for a lodging; he gave me a reference to his sister 105 in Great Russel street, to enquire the next morning.

Q. Did he stay with you that night - A. Yes; he came down past nine o'clock on the following morning, saying he was going out to fetch his box, and if any body came after him he was to be back by twelve o'clock, his name was Robert Harris , About ten minutes

after he was gone out a lodger went up stairs and found his box broken open, and all the things taken out; another lodger's box and things to the amount of five pound was taken out; I went to the office that day. On Saturday the 19th I went down Saffron hill, I met the prisoner coming up Saffron hill, I asked him how he came to leave my house without paying the lodging; he said I made a mistake, that he was not the person; I told him I was certain that he was the person.

Q. In point of fact this is going into another charge, I only want to come just to your apprehending him - A. I asked him what his name was; he said his name was Stimpson, he lived in Battle Bridge; I said I would go with him to see whether he lived there. I took hold of him by the collar and took him into Hatton Garden office.

Hudson. I produce the shirt I took from the prisoner on the Wednesday.

Q. And then you found two letters had been taken out - A. I did. I have kept the shirt ever since.

Q. to prosecutor. Look at these handkerchiefs and this shirt, and tell the gentlemen of the jury whether you are able to say they are your's - A. This shirt was marked R H on that side; I know it by the heart and the frill, it is my shirt.

- . I made the shirt.

Q. Did you make that heart - A. I did: I am sure it is my work, and this handkerchief is my work; it is Mr. Hawkins'.

Prosecutor. This is my handkerchief; the silk handkerchief is mine; it is marked I A 9; the waistcoat is not mine.

Q. What is the value of the handkerchiefs and the shirts - A. The shirts cost me fifteen shillings a piece, the handkerchiefs about eight shillings the three.

Q. You say altogether there were nine shirts missing and seven handkerchiefs - A. Yes.

Prisoner's Defence. On the morning of the 19th of November I went to the west end of the town, I had a two pound note, and coming down Holborn hill there there was a Jew standing with a waistcoat on his arm; he asked me to buy them; I said I would give him seven shillings for them; he likewise pulled out a silk handkerchief and a cotton one; I gave him ten shillings for the waistcoat and two handkerchiefs. I went and paid for a pair of shoes and I had a one pound note left which the officers took from me.

Prosecutor. I lost a two pound note with these things.

GUILTY - DEATH , aged 19.

Second Middlesex jury, before Mr. Baron Graham .

Reference Number: t18081130-50

50. GEORGE ROBERTS was indicted for feloniously stealing on the 18th of November , half a pint of gin and peppermint, mixed, value 9 d. a pot of beer, value 5 d. two seven shilling pieces, four shillings, a six pence, and eight half pence , the property of Thomas Wise .

THOMAS WISE . I am a publican , I live at the George in Brook street, Holborn . On the 18th of November the prisoner came to my house along with another person, they had some liquor, after that they were dividing money; the prisoner and the other person ordered a pot of beer to No. 1, Warden court, at Mrs. Billington's; he gave me a five shilling piece and I gave him the difference. That is all I can say.

THOMAS JAMES . I am pot boy to Mr. Wise, in Brook street. Master called me to take a pot of beer to Mrs. Billington's. No. 1, Warden court; when I took the pot of beer in they told me to bring half a pint of gin; I went for the half pint of gin and brought it them; he gave me a shilling and said I need not be particular and bring him the change, he would call for it, and if he did not call in a quarter of an hour, to bring it; I gave my mistress the shilling and she gave me the four pence; I was going in the tap room, the prisoner came in, and I said I have got; your four pence, I gave it him; he went to my mistress and ordered half a pint of gin and peppermint, and a pot of beer, and change for a one pound note: I took the gin and peppermint and change to the house; the prisoner and another person and Mrs. Billington was at tea; the prisoner shared out the gin and peppermint, took some himself, and took the change, the prisoner came to the door and put into my hands this piece of paper for a pound note, I went to the light to see what it was and I saw it was a piece of paper; I ran after the prisoner and told him to stop; he ran past me, I called out stop thief; Mr. Watts stopped him. I am sure he is the person that put into my hand this piece of paper for a pound note.

JOHN WATTS . I am a messenger to the chief cashier's office, bank of England. As I was coming from Chancery lane on Friday the 18th of November, on the right hand side of Holborn, I heard the last witness call out stop thief, I saw the prisoner run from the right hand side to the left; I catched hold of him by the collar in the middle of the street. I and some other people took him to the George in Brook street, and Mr. Wise sent for a constable.

ROBERT FOXTON . I am a constable. I took the prisoner in custody; he laid the change on the table and begged I would let him go, he would never do so any more.

Q. What did the change consist of - A. Two seven shilling pieces and six shillings in silver. The landlord insisted upon taking him to Hatton Garden.

ROBERT EKELSOE . I am an officer of Hatton Garden. The prisoner was delivered into my custody between five and six o'clock on the 18th of November; I searched him, I found five seven shilling pieces, half a guinea and eighteen pence in silver.

Q. Was he in liquor - A. He was rather in liquor.

Prisoner's Defence. I acknowledge that I was at the house. I believe, to the best of my knowledge, I was very much in liquor, I had been out all night; the night before I was at that house and had some beer, but what quantity I do not exactly know. I acknowledge I gave the boy a note, that which I supposed to be a note, I do not know that it was a note. I had money about me, I changed a five pound note the night before. I got into bad company.

GUILTY , aged 22.

Confined One Month in Newgate , and whipped in Goal .

London jury, before Mr. Recorder.

Reference Number: t18081130-51

51. ELIZABETH HYDE was indicted for feloniously stealing on the 17th of September , four shillings,

and four halfpence , the property of Mary Cross .

WILLIAM CROSS. I am with my mother; she keeps the Blue Post public house in Holborn . On or about the 17th of September, the servant took a pot of porter to Mr. Gates's 36, Castle street ; he was accosted by the prisoner, she desired him to bring two pots of porter and change for a dollar; he took her the porter and the change, she desired him to bring another pot and she would pay him altogether; he took the other pot and the prisoner was gone.

ARTHUR PIGOT. I am pot boy to Mrs. Cross. I went to Mr. Gates's, 36, Castle street with a pot of beer, there was a woman standing at 37 - she ordered two pots of beer and change for a dollar.

Q. You thought that she belonged to that house - A. Yes; I thought her to be a servant there; she said they were new people in the house; I brought her the two pots of beer and the change for the dollar; she told me to go and fetch another pot, I should have the five shilling piece when I came back; when I came back with the other pot she had set one of the other pots of beer on the step, and she had run away with the change; nobody knew nothing of her; I did not see her till I saw her at the office.

JOHN DAY . I am a constable. I apprehended the prisoner upon another charge.

Prisoner's Defence. I am unprotected, I have no counsel to speak for me; I shall be glad to speak in my own defence. Gentlemen of the jury, I lay myself under your protection, trusting that you will shew me that mercy which is ever displayed by a British jury; this charge alledged against me is false; there was a woman this boy knows that took the beer in; I should wish her to come forward; it is not right that I should be sworn against by this boy; I have been five weeks in Clerkenwell prison, and since I have been in this prison, which is a week, I have not had pen and ink to write to my friends.

Pigot. When I gave her the change she took the beer into the passage to a woman, and said it was ordered, they must have it; the woman said she would have nothing to do with it; she told me to go for another pot; when I came with the other pot she had set one pot of beer down and ran off; she took the other pot and the change.

Q.to Cross. What is your mother's name - A. Mary Margaret Cross .

Q. Why did not you tell them who drawed up the indictment your mother's name was Mary Margaret Cross - A. I said Mary Margaret .

NOT GUILTY .

London jury, before Mr. Recorder.

Reference Number: t18081130-52

52. JOHN CASEY was indicted for feloniously stealing on the 18th of November , a basket, value 1 s. and eleven loaves of bread, value 13 s. the property of Henry Jobbings .

HENRY JOBBINGS . I am a baker , I live in Charles street, Hatton garden; I know the prisoner by being in his company at the Mansion house, before the lord Mayor. On the 11th of November, Joseph Wesley , my man, lost his bread and the basket; I know it to be mine.

JOSEPH WESLEY . Q. You are servant to Mr. Jobbings - A. Yes; I took my bread out to serve my customers as usual on the 18th of November; I served a parkshop in Skinner street , and turned my basket up against the window while I went into Cheapside to serve two quartern loaves, and when I came back the basket was gone.

Q. Why do you charge the prisoner with it - A. The next day I heard the basket was stopped in Houndsditch.

Q. Then all you know, that like an idle fellow you left your basket in Skinner street and went to Cheapside; when you returned it was gone - A. Yes.

RICHARD TIPPER . I am an officer. On the 18th I went home from the Mansion house to dinner; just as I had done dinner, a little after four o'clock, I was coming from the kitchen into the shop.

Q. Where is that - A. In Houndsditch; I keep a green grocer's shop: the prisoner came to the door and asked me if I wanted a nice quartern loaf for a shilling; I did not look particularly at the bread because there is a great deal of bread brought down to Rag fair and Duke's place; I thought it was stale bread; as he was, turning away with it from the door, the bread appeared to me to be new and very good; when I came to the window I observed the basket under the window; he came out of the next house, a coal shop, and put two loaves in the basket, took up the basket, baker like, and was going away; I said to him you seem to have a deal of bread, is it your own; he said no, a man at Fleet market gave it him to carry, and he was going to carry it to Rag fair, he was a baker, and the man that gave it him was behind him; I told him to look for him; he could not find him; then I took him in custody; in the basket there were six quartern loaves, a half peck, and three half quartern loaves; I told all the bakers I saw to circulate it about. Mr. Jobbings's man came; he identified the bread and basket.

The property produced and identified.

Prisoner's Defence. On the 18th of November, as I was passing through Fleet market, I met a man with a basket of bread, and by his appearance he was a baker; I asked him if he could direct a stranger to where he could get employ; he told me if I would carry his basket he would satisfy me for my trouble; I being out of employ agreed to carry the basket, I thought no harm in so doing; I went into this gentleman's house and offered them for sale; he told me he did not want the loaves; I put the basket on my shoulder, he came after me and took hold of me and asked me if it was my bread; I said no, I was carrying them for a man; he asked me where the man was that belonged to the bread; I told him he was behind me. The man came along with me to Houndsditch, as soon as I was taken in custody the gentleman was off. My lord, I am innocent; therefore I leave myself to the mercy of God, and this honourable court.

GUILTY , aged 48.

Confined One Month in Newgate , and whipped in Goal

London jury, before Mr. Recorder.

Reference Number: t18081130-53

53. JOHN GODFREY was indicted for feloniously stealing on the 7th of November , a watch, value 30 s. a chain, value 2 d. a seal, value 1 d. and a key, value 1 d. the property of Edward Giddins .

EDWARD GIDDINS. I am a chimney sweeper , and the prisoner is a chimney sweeper; the prisoner had slept with me for four or five nights, and on Monday

morning he got up about three o'clock, he said he was going to call his master; we told him it was too soon: we happened to drop off to sleep again, and when we got up he was gone and all the doors open, and the watch with him.

Q. Where was the watch - A. In my hat on the shelf.

Q. Did you ever find your watch again - A. Yes.

Q. How old are you - A. Seventeen.

Q. How old is he - A. Fifteen.

Q. Did he work for the same master as you - A. No.

Q. How came he to lay in the same room with you - A. I was out of place; he lived in the place, and I only slept there.

JAMES MACKAY . I am a boot and shoemaker, I live at No. 18, Green Arbour court, Old Bailey; I have known the prisoner better than two years. On the 13th of November, about five o'clock in the evening, he sent my son to me to say that he had won a watch at a raffle; he came down afterwards to me in my own room, he asked me if I wanted to buy one; I told him no; he went, and returned with my son and said if I wanted to buy one I should have it for eighteen shillings; I then asked him how he came by it, he said he won it at a raffle; I asked him if he was sure of it, he said yes; I then asked him if he was quite sure of it, he said yes. I sent him and my son together to his master and mistress, to ask them if they were agreeable for me to buy the watch; they returned and answered that his mistress did not care what he did with it, he might throw it in the channel. After asking him if he came honestly by it, I paid him the eighteen shillings for it, and desired him to give it to his mistress to lay it out in clothes upon him; he said they owed him six shillings before, he knew better what to do with the money.

JOHN HUNT . I am an officer. When I had the lad in custody he said he had sold it to one Mackay; it was a silver watch. I went to Mackey, he gave me the watch.

The property produced and identified.

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

GUILTY , aged 15.

Confined One Month in Newgate , and whipped in Goal .

London jury, before Mr. Recorder.

Reference Number: t18081130-54

54. ELIZA KIMBERLEY and BENJAMIN WALE were indicted for feloniously stealing on the 30th of November , 3 s. the property of John Sallway , from his person .

JOHN SALLWAY . I am a carver and gilder , I live in Bow street, Covent Garden. On the 13th of November, about a quarter before eleven o'clock at night, I was in Long Acre, I went into a public house, I called for a pint of beer; Eliza Kimberley came in; I asked her to drink up the remaining part of the pint of beer; I called for a second pint; after that we went out. I agreed to go along with her and I was to give her sixpence. I went with her to Lisle street ; at that time I missed the three shillings.

Q. Were you sober - A. Yes, I had but part of two pints of porter.

Q. How long did you stop with her - A. About twenty minutes in Lisle street; I accused her with it; she said she had got no money of mine. I called the watchman, she would not let that watchman take her, she said he did not belong to the parish. I called out for another; the second watchman took her; that was the watchman that she treated with a glass of liquor when we were coming from the same public house. She was taken to the watchhouse and searched; no money was found upon her. I mentioned what sort of shillings; two of them had heads on them, and the other had a G on it, a crooked shilling; the watchman was called in and told to pull out his money; he pulled out three shillings and sixpence.

Q. Is the watchman here - A. Yes; Wale is the watchman. The constable asked me if they were my shillings; I said they were.

Q. These three shillings were found upon him were they - A. Yes.

Q. You say they are yours, do you not - A. Yes.

Q. You had lost the money before he came up - A. Yes.

Q. Therefore he was rather privy to it, though not present at the taking of it, all he could do was to receive it - was there no other person you was in company with - A. No.

Q. When you lost the money you could not tell - A. I lost it in that house.

Q. Were you sober - A. I was sober, I think; I went strait from home into that public house.

Q. Did you know the woman before - A. No, I never saw her before.

JOSEPH THOMPSON . I was constable of the night on the 13th of November last; Elizabeth Kimberley was brought in by the man prisoner on charge of robbing the prosecutor of three shillings. I searched her and found nothing on her but a battered sixpence and some halfpence. While I was searching the woman I heard the beadle say, watchman, is not that your wife; he said no. I told the woman to go out of the room. I said to the watchman, for the satisfaction of the man that has lost the money, and your own character, let us see what money you have got in your pocket. Out of his right hand breeches pocket he took three shillings and sixpence and laid it down on the desk; I told Smallway to look at the money; he did; and said they were the three shillings that were taken from his pocket.

COURT. Let me look at the shillings.

Q. to prosecutor. What were the marks on the shillings - A. Two of them had heads on them, and the crooked shilling had G on it; I am sure they are the shillings.

Q. You come here to say that there was nothing but a G upon the other - A. Not as I know of.

Q. If you can swear they are yours, you must know - A. I am not sure now; it is a remarkable crooked shilling.

Q. Do you mean to swear by the bend of the shilling - A. I know I had a plain one in my pocket. I wished to keep these till the last because they were the best. - (The shillings handed to the jury.)

COURT. It seems to me to be a C instead of a G.

JURY. It is C that is on it.

Kimberley's Defence. When I went into this public house he asked me to have some beer; I did; he called for another pint of porter; after that we had a quartern of gin to drink; I gave him a part, and part I took myself. We came out of the public house and

turned up the first street which led from the public house, where he gave me a sixpence; I asked him for more money, he said he would give me more if he had it; then upon my refusing him the favour, he caught hold of me and called the watch.

Wale was not put on his defence.

BOTH, NOT GUILTY .

First Middlesex jury, before Mr. Recorder.

Reference Number: t18081130-55

55. WILLIAM JACKSON , alias COLLINS , was indicted for feloniously stealing on the 12th of November , a fowl, value 2 s. the property of Thomas Collings .

ROBERT COLLINGS . I live with my father, Thomas Collings , he keeps a timber yard in Old street road . On the 10th of November last I was looking over my father's fowls, I missed a game cock; I did not hear of it till the 14th of November. I was sent word from the police office, Worship street, that there was our fowl laid dead on the table.

Q.How it came there you do not know - A. No. It was a very large red and white handsome cock; I knew it by the marks very well when I saw it again. It is what they call a pile cock; these are the wings of it; I am sure it is mine.

JOSEPH FELSTEAD . I am a turner, I live in Club row, Kingsland road. The prisoner brought the fowl to my house on the 10th of March, there it remained till Saturday alive. On Saturday morning his wife said to the prisoner, we may as well kill this cock, I do not know why we should keep it. The prisoner asked me to kill it for him.

Q. Did you - A. Yes.

Q. Was it a game cock - A. I thought it was a lay cock, it was about two years old, I believe. On Saturday evening, about half after ten, he went away from my house; he took the cock with him.

DANIEL BISHOP . I am an officer belonging to Worship street office. On Saturday, the 12th of November, between eleven and twelve at night, I met the prisoner in Kingsland road with a sack on his shoulder; I asked him what he had got in his sack; he said a cock; I asked him where he got it from; he said, from his master, where he worked, that he had given it him. I went to his master and enquired; finding that not true I detained him. I asked him how he could send me all that way to his master's, knowing it to be a lie; he said he was sorry, but now he would tell me; he then said he met a man in Kingsland road on the Thursday, that he offered to give him the cock; he said that he would not have it as a gift, he would buy it of him.

Q. What day of the month was the Thursday - A. The 10th. I stopped him on the 12th, on Saturday. He said that he bargained for the cock and paid two shillings for it, and that the cock was then alive. I detained him till the Monday and then enquired; I learned that Mr. Collings had lost a cock; I immediately sent down to his house; Mr. Collings's son came to the office and identified it. These are the wings that I produce, they are red and white wings. He said he did not know the man that he bought the cock of.

Collings. I am sure they are our cock's wings.

Prisoner's Defence. I was going down Kingsland road on the 10th of November, I met a man coming along with a fowl under his arm; he asked me if I would have a fowl; I said, no, I did not want it, I had no where to put it; says he, you shall have it for two shillings; no, I said, I did not want it; he said you may as well take it with you. I came back and gave him a shilling and two sixpences.

Q. Who is the man you bought it of - A. I do not know.

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

GUILTY , aged 25.

Confined One Year in the House of Correction , and whipped in Goal .

First Middlesex jury, before Mr. Recorder.

Reference Number: t18081130-56

56. FRANCIS CLOWIS was indicted for feloniously stealing on the 8th of October , a man's hat, value 7 s. the property of John Staltenberg .

JOHN STALTENBERG . I keep a lodging house for seafaring men at Wapping Dock street. I met two men in Nightingale lane ; the prisoner gave the other man that was with with me a blow; he run away and cried out murder; then he turned to me and lifted up a blow at my head; I turned my arm up and kept the blow off; the other man, with the prisoner, took my hat off, and the prisoner ran away with it.

Q. Where was his hat - A. He had his hat off.

Q. Had you any quarrel with him before - A. No; I never saw him before. He was taken with the hat.

Cross-examined by Mr. Arabin. You went to a public house in Nightingale lane with a friend - A. Yes.

Q. The sailor was there with his friend - A. I never saw him in the house.

Q. Did not the prisoner say, when he was charged with this, he took this hat up for his friend's hat - A. No.

Q. It was so dark that a man might have mistook the hat, and not have known it was your's - A. Yes. I cannot say.

- I was going home on that night, about half past nine, I stopped under the gateway; I heard the cry of murder in the street; the rattles sprang in all directions; at that moment the prisoner came by me and went up a court with this stick and a hat, they were concealed under a large jacket, which sailor's wear; he endeavoured to hide himself behind some carts; I catched hold of the stick. When the watchmen came by, I said, you must be the man that they are looking after, and this is an unlawful weapon; then a scuffle ensued between him and me, I still kept hold of the stick; he ran; I cried out stop thief; he was stopped immediately. The prosecutor owned the hat.

Cross-examined by Mr. Arabin. So that stick you call an unlawful weapon - do not you know that is a common stick for a foreign sailor to have - A. That is for the judgment of the court.

Q. What altercation had taken place before this you do not know - A. No.

Q. That old hat is not worth a shilling - A. I do not know that it is.

The property produced and identified.

Prisoner's Defence. I have been three weeks in this country. When I came out of the public house we had a few words together, and we had a scuffle; I took the hat for mine as I was in liquor.

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

NOT GUILTY .

The prisoner being a foreigner, was tried by a jury half English and half foreigners.

Before Mr. Recorder.

Reference Number: t18081130-57

57. RICHARD PIPER was indicted for feloniously stealing on the 3d of November , two cheese, value 16 s. the property of William Morgan .

WILLIAM MORGAN . I am a cheesemonger , I live in Lower East Smithfield . On Thursday evening the 3d of November I lost two cheese marked with an M. I do not know what time it was in the evening. They were placed about three yards inside the shop door.

Q. What is the value of them - A. About sixteen shillings. I did not miss them till the next day. From information I went to Lambeth street office and owned the property.

JAMES DAVIS . I am an officer in the impress service. On the evening of the 3d of November, between seven and eight o'clock, I was going from Tower hill towards St. Catherine's; I heard a noise, and saw the prisoner running from St. Catherine's lane towards me; I supposed him to be a sailor running from some of my men; I stopped him, and he dropped two cheese; as soon as I stopped him I asked several questions; he told me he took them from a boy. I took him to the constable's house; I went with the constable and patrol, and saw him locked up in the cage.

Cross-examined by Mr. Reynolds. What time of the night was this - A. Between seven and eight.

Q. He may have been running away from your men - A. I thought so; he had not the appearance of a sailor.

JOHN - I am beadle of the parish. The prisoner was brought to me on the 3d of November by the patrol and the press master.

Q. What had he - A. Two cheese. I asked him how he came by the cheese; he told me that a boy was running down New street, he dropped two cheese, he took them up, and was following of the boy as there were two men after him.

ROBERT GADEY . I am a patrol. I took the prisoner to the beadle.

The property produced and identified.

Q. to Davis. In your going to Tower hill from St. Catherine's, was any body running before him - A.There was a boy running before him, I did not take notice of him, my object was the man.

Prosecutor. I believe two boys took them out while I sat at the table; there were two boys there that robbed me of two pence halfpenny the week before.

Prisoner's Defence. I have worked in the London docks three years. After I had done my work I was going down St. Catherine's lane, I saw two boys chuck the cheese down. I picked them up.

Q. Why did you run - A. I did not run.

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

NOT GUILTY .

First Middlesex jury, before Mr. Recorder.

Reference Number: t18081130-58

58. WILLIAM READING was indicted for feloniously stealing on the 9th of November , a plane, value 2 s. and an oil stone, value 2 s. the property of James Vincent .

JAMES VINCENT . I am a carpenter . These things were taken from Mr. Neale's factory, Narrow Wall, Lambeth ; I was at work there. I lost my plane and oil stone off the bench on Tuesday the 9th of November. I missed them about five o'clock in the evening.

Q. Did he work there - A. Yes, he was a trimmer of the iron work after it was foundered.

Q. What manufactory is it - A. An iron foundry. I have sworn to my property.

WILLIAM COOPER . I am a patrol. About half past two in the morning I was going my round, I found the prisoner at the bar concealed in a necessary in George yard, Chick lane; I told him to come out of there, as he had no business to sit there; he said he worked at Narrow Wall, Lambeth, and lodged in Jewin street in the city; I told him it looked very odd his being there, he must go to the officer of the night. I then took him to the watchhouse; the officer of the night saw him with these things in his bosom.

The property produced and identified.

Prisoner's Defence. I took them not with an intention of keeping them; the carpenters would lend us any of them when we wanted them, and then we returned them back and put them in the place again. I took the liberty of taking these tools, intending to bring them back again the next morning. Going from Narrow Wall two or three of my shopmates called me; I went with them, and got so intoxicated that I hardly know what I did; what I said at the watchhouse I do not know, and the prosecutor cannot deny that he lent me any tools when I wanted them at any time.

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

NOT GUILTY .

First Middlesex jury, before Mr. Recorder.

Reference Number: t18081130-59

59. WILLIAM NICHOLSON was indicted for feloniously stealing on the 4th of November , two ounces of silver filings, value 9 s. the property of Robert Rutland .

ROBERT RUTLAND . I am a working silversmith , I live at No. 13, New Lisle street, Leicester square , the prisoner worked for me; I had very great reason to suppose that I missed my silver filings, and business occasioned me to be very much out of the shop; I ordered my boys to look after my men; I was taken dangerously ill, when one of my boys informed me one of my men was robbing me; we ordered the watchman to come in; the prisoner was coming down stairs to go home from his work; I told him he had got my silver; he was searched, and the silver was found on him; he was then taken to the watchhouse; he confessed he was guilty, and hoped I would forgive him.

- . Q. Boy, you live with that gentleman - A. Yes. I saw the prisoner put his hand in the skin and take out a handful of silver filings, and put it in his left hand breeches pocket. I informed my master.

JOSEPH TAYLOR. On the 4th at nine o'clock they gave me charge of the prisoner; I searched him and took these filings from his left hand breeches pocket.

Q. to prosecutor. Look at those silver filings - A. I had such in my work shop.

Mr. Arabin. How many partners have you - A. None.

Prisoner's Defence. On the 4th of November I was going to work about seven o'clock in the morning; at the corner of Drury lane I saw a small parcel wrapped up in brown paper and tied with a bit of twine; it being a wet morning the paper broke; I emptied it out

in my hand and put it in my small clothes pocket; my master called me out and searched me; I deny that I owned to it; I was asked whether that was the filings that were taken out of my pocket; I said yes; I told the magistrate that it was my own, I found it.

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

GUILTY , aged 43.

Confined Six Months in the House of Correction , and whipped in Goal .

First Middlesex jury, before Mr. Recorder.

Reference Number: t18081130-60

60. WILLIAM BEAR was indicted for feloniously stealing on the 22nd of November , a chariot wheel, value 30 s. the property of Robert How .

ANN DENNIS . I live with Mr. Harley, a publican in Parker street; I took some liquor into Mr. How's yard; the prisoner gave me half a crown to pay for it; I was sent somewhere else with some more liquor, and turning back I saw a man come out of the yard with a wheel.

Q. You saw the prisoner did not you - A. Yes, I saw him fall down with the wheel.

Q. Was he drunk - A. Yes, apparently; I helped to pick him up. I went into the yard with the change. I found the man was gone.

Q. Then you did not know that was the man that bought the gin - A. No, I was not certain that was the man that wanted the change; there were other workmen in the shop.

Q. Were they in the yard where they could see him take the wheel - A. I did not see any; I went in with the change, they told me the man was gone and the wheel was missing; I directed them where he was gone, and they went immediately after him; when he came back he asked me for the change; I gave it to him.

JOHN WATSON . I am a coachmaker, I live in Great Queen street. I went in search of the prisoner; there were others went different roads; he was taken to the watchhouse with the wheel before I returned.

Q. There was a wheel missing - A. Yes; that I saw.

Mr. Reynolds. When was it missing - A. Near seven o'clock in the evening.

JAMES GORMAN . I work at Mr. How's; as soon as Mr. Watson missed the fore wheel from Mr. How's back premises, he went in search after the thief; I likewise ran into Gate street Lincoln's Inn fields, I saw a man carrying a wheel across Gate street; I ran as fast as I could and collared the man, upon which the wheel dropped; I asked him where he got that wheel, and where he was going with it; he said he had no wheel, nor had not seen a wheel all that night.

Q. How was he carrying the wheel - A. He was carrying the wheel on his arm; I am sure the prisoner is the man that had the wheel; I knew him as soon as I collared him; I kept him in custody till I got a watchman, and the wheel was brought back to the premises where it was taken from. It is Mr. How's wheel, it is not completely finished.

Q. to Watson. Do you know whose wheel it is - A. It is quite a new wheel, it belongs to Mr. Robert How .

Mr. Reynolds. Has Mr. How any partner - A. He has none except Mrs. How.

Q. This wheel is not finished - A. It is not quite finished, it wants the nails putting in.

Q. Do you call a thing a wheel till it is quite finished - A. Undoubtedly it is.

Q. Is it a wheel - A. I can call it nothing else.

Q. to Gorman. Now honest friend, were you one of the persons that was treated by this person with some gin - A. I was not; I was not there.

Q. Was he sober - A. He had been drinking, I believe.

Q. Was he quite sober or a little drunk - A. A drunken man could not have managed that wheel.

Q. Do you think that a sober man would carry a wheel in that manner, do not you think that a sober man would not have trundled it along rather than carry two hundred weight - A. I saw him carrying it on his right arm.

Q. Could not he have got on much faster if he had trundled it along - A. Yes, he could, but it would have made an alarm.

Q. Upon your oath was not he quite drunk - A. He was the worse for liquor.

Q. Was not he very drunk - A. He could not be very drunk else he could not have carried the wheel along.

Prisoner's Defence. I had a shopmate along with me, he was discharged; he asked me to go to that shop to ask for employment; I went to Mr. How's, Mr. Fletcher was not at home; the horse keeper said let us have some gin; I gave the girl half a crown to get three half quarterns of gin; I went away and did not take the change. I forgot myself and went back for the change; I did not take any thing.

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

GUILTY , aged 31.

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

First Middlesex jury, before Mr. Recorder.

Reference Number: t18081130-61

61. ELIZABETH DALE was indicted for feloniously stealing on the 15th of November , a pail, value 1 s. 6 d. the property of John Purton .

MRS. PURTON. I am the wife of John Purton ; he is a brass founder . On the 15th of November, between eleven and twelve at noon, I lost my pail from the two pair of stairs passage against the door; a neighbour opposite saw her bring it down stairs and empty the water out of it; I immediately ran after her and took it away from her.

Q. Did she live in the house - A. No; I never saw her before.

ROBERT BOOKER . I live opposite Mrs. Purton; I saw the prisoner bring down the pail, I thought she did not get it honestly; I went to Mrs. Purton; she ran after her and took it from her.

The property produced and identified.

Prisoner's Defence. I was in confinement five weeks; that is my pail; I went out for a pail of water; I bought that pail.

GUILTY , aged 40.

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

First Middlesex jury, before Mr. Recorder.

Reference Number: t18081130-62

62. PATRICK M'MAHON was indicted for feloniously stealing on the 7th of September , a chaise, value

50 l. the property of William Sutton .

Mr. Gurney, counsel for the prosecution, declining to offer any evidence, the prisoner was

ACQUITTED .

First Middlesex jury, before Mr. Recorder.

Reference Number: t18081130-63

63. JOSEPH VANDERSTEIN was indicted for that he on the 8th of October , was servant to Benjamin Perry , was employed and entrusted by him to receive money for him, and being such servant, so employed, did receive, and take into his possession, the sum of four shillings and four pence halfpenny, and after having received the said sum of money, feloniously and fraudulently did secrete and steal the same .

SECOND COUNT for the said sum, that he received it from Mary Harting .

BENJAMIN PERRY . I am a victualler , I live at the Brill house, Somers' Town.

Q. Did you empower the prisoner to take your money - A. Yes; from where he had taken out beer. On the night of the 8th of October I had occasion to go in the country; when I returned I found he was gone, and received this account.

Q. What did he receive of Mary Harting - A. Money for beer which I had supplied her with.

Q. What was she in your debt - A. Four and six pence, what he received on his last account; the bill was more, what we had got against her; he kept account of the beer, when he returned he gave me account of it.

MARY HARTING . Q. You deal with the Brill house for beer - A. Yes.

Q. Were you indebted to him - A. I cannot say.

Q. What did you pay - A. I do not know exactly.

Prosecutor. These are customers that used to pay weekly, I never gave them any bill; I used to put it in any book. I believe the magistrate has the bill.

Q.Have you got your book here - A. No. I never received the money.

NOT GUILTY .

First Middlesex jury, before Mr. Recorder.

Reference Number: t18081130-64

64. JOSEPH VANDERSTEIN was indicted for that he, on the 13th of October , was servant to Benjamin Perry , and was employed and entrusted by him to receive money, for and on his account, and being such servant, and so employed, did receive and take into his possession the sum of seven shillings and eleven pence halfpenny, and that he afterwards fraudulently and feloniously did secrete, embezzle, and steal the same .

SECOND COUNT for embezzling the said sum, and that he received it from one Thomas Wells .

BENJAMIN PERRY . Q. You are a publican - A. Yes; I keep the Brill House, Somers' Town; the prisoner was my pot boy .

Q. Was he employed to receive the money for your weekly bills - A. He was.

Q. Did Mr. Wells deal with you - A. Yes.

Q. Was he indebted to you - A. Yes; seven shillings and eleven pence halfpenny.

Q. How do you know that - A. By the prisoner setting it down; I had the account from the prisoner which I had on a slate; I copied this from the slate; it is an exact copy.

THOMAS WELLS . I met the prisoner on the Sunday that he said he was to leave his master, in Wilson street; I asked him to tell me how my account was; he told me it was sixteen pots and a pint; I then informed him he was wrong; I should not pay him then; I desired him to call on the Monday following. He did not call on the Monday; I believe it was on the Wednesday or Thursday evening he called; he was then paid seven shillings and eleven penee halfpenny; he said my account was right, fifteen pots and a pint, and one shilling and sixpence for liquor. I always kept an account against him. I do not recollect the day of the month; it was the day that he went from his master.

Q. Mr. Perry, what day was it he left you - A. I believe it was on a Sunday unbeknown to me; I had hired another man, but I had not discharged the prisoner.

Q. Upon your oath had you received this seven shillings and eleven pence halfpenny - A. I had not; he had never brought it to account.

Prisoner's Defence. The customers owed me so much I was afraid he would be angry; I was turned away without an hour's notice.

Prosecutor. When I returned from the country I found he was gone away; the bills not paid amounted to three pounds eighteen shillings. I sent a note to him by the lamp lighter that he knew, if he would come it would be all right; he did not come.

Q. How did he behave - A. Very bad indeed.

Prisoner. I gave Mr. Perry a month's warning; I settled with him except five shillings and ten pence; I told him I was agreeable to stop till all was settled if he was agreeable. Soon after he got another man; I was willing to have all things meet with him.

JURY. Is the account between you and him settled - A. There are eighty seven pots he took out unsettled.

Q. Supposing you had given him time, do you not suppose that he could have settled this business - A. I offered him all the time in the world; he would not come forward.

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

GUILTY , aged 20.

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

First Middlesex jury, before Mr. Recorder.

Reference Number: t18081130-65

65. THOMAS CROWHURST was indicted for that he on the 12th of November , was servant to William Darton , and employed and entrsuted by him to receive money for him, that he being such servant, so employed, did receive and take into his possession, the sum of five pounds sixteen shillings, for and on account of his said master, and that he feloniously and fraudulently did embezzle, secrete, and steal the same .

SECOND COUNT for like offence, stating that he received the money from James Knight .

JAMES KNIGHT . I am salesman to William Darton in Spital fields market; Mr. Darton is a stationer and bookseller in town, and has a farm at Eastham in Essex. The prisoner is a servant to William Darton . On the 12th of November the prisoner delivered vegetables to me to sell for William Darton , his master, in Spital fields market, the produce of which I delivered to the prisoner, to the amount of five pounds sixteen shillings. He was carman , he drove the cart to town.

JAMES YOUNG . I am servant to Messrs. Darton and

Harvey in Gracechurch street. On the morning of the 12th of November, I counted one pound sixteen shillings and eight pence, in penny pieces and halfpence - I gave them into the possession of Crowhurst: that was a part of the five pounds sixteen shillings; I paid the one pound sixteen shillings as part for the last witness.

JAMES WHEELER . I am an ostler, I live at the Coach and Horses, Mile End; this man came from market; as he was coming home he stopped at our house to water his horses, he pretended he had lit of a very bad accident coming out of Spital fields market; I asked him what it was, he said he had lost ten pound of his master's market money, he was robbed of it against Spital fields church, he had lost it out of his cart.

JOHN DENNISON . I am the officer of East Ham. I took the prisoner in custody and put him in the watch-house; I searched him, and found upon him thirteen penny pieces and one halfpenny, a knife and a key; I locked him up and went down to the stables where he looked after his horses; I unlocked the corn bin with the key I found upon him, and found seventeen penny pieces and seven halfpence in this bit of a lanthorn. I then told him that I had found this copper; he said he had taken them of Mr. Darton's foreman; I told him it had a very bad look of its being hid so; I told him he had better tell what became of the money that he received.

Q. Then I cannot hear what he said - A. He told me he was robbed in a lane leading from Plaistow to East Ham by three foot pads; he had lost ten pounds.

Q. to Young. How many penny pieces did you pay him - A. I cannot say the number; they were penny pieces and halfpence mixed together.

Prisoner's Defence. I received the money from my master, Mr. Darton, in the taproom of the Cheshire Cheese, in gold, silver, and copper, to the amount of ten pounds; he put the halfpence into a bag and tied them up; he put the gold and silver in a bag; he saw me put it in my pocket; I delivered the halfpence into the landlord's hands while I got my horses out of the stable; then I hung it on the cart. I went to Whitechapel, I found the halfpence out of the cart; I turned back, I was afraid I had not put the halfpence in the cart, although I am sure I had. I have been five years in my place.

NOT GUILTY .

First Middlesex jury, before Mr. Recorder.

Reference Number: t18081130-66

66. DAVID MAITLAND and EDWARD WILLIAM ROBERTS were indicted for feloniously stealing on the 23d of September , two feather beds, value 21 l. a bolster, value 30 s. two pillows, value 30 s. six blankets, value 7 l. 4 s. two counterpanes, value 2 l. a coverlid, value 1 l. three matresses, value 5 l. 12 s. a field bedstead furniture, value 5 l. 5 s. a chest of drawers, value 7 l. 7 s. a set of dimity furniture, value 8 l. 10 s. twenty two chairs, value 14 l. 2 s. five mahogany tables, value 9 l. 5 s. a glass, value 8 s. two carpets, value 9 l. 9 s. a bedside carpet, value 7 s. a bedside night table, value 2 l. 2 s. a window curtain lined, value 12 l. 10 s. and a floor cloth, value 13 s. the property of Frederic Norris .

SECOND COUNT for David Maitland stealing the same goods, and Edward William Roberts for aiding, abetting, assisting, and counselling the said David Maitland the said felony to do and commit.

Mr. Knapp, counsel for the prosecution, declining to offer any evidence, the prisoners were

ACQUITTED .

First Middlesex jury, before Mr. Recorder.

Reference Number: t18081130-67

67. MARY ANN WATSON was indicted for feloniously stealing on the 5th of November , a bag, value 1 d. a half guinea, and a half crown , the property of John Claypole .

JOHN CLAYPOLE . I work at Lee bridge, I am a miller . On the 5th of November I came to town; I got in liquor, I met with this young woman, I went into a room with her, and when I came out I missed my money; I went after her and asked her for my money, she said she was not the person; I said I could not be mistaken in her person.

Q. Was you in company with any other woman before you had picked her up - A. Yes.

Q. Then she might have taken the half crown and the half guinea - A. No, I am sure I had it when I was with her.

JAMES KENNEDY . On the night of the 5th of November I saw the prosecutor, he said he had been robbed of half a guinea and a half crown; he charged the prisoner with being the woman that had robbed him; I asked her for the money; there was half a guinea, half a crown, two shillings, and some halfpence, she took out of her pocket; he charged me with her; she said that if he had behaved like a gentleman to her she would not have took the money; he promised her two shillings, he only gave her one; she did not take the money from him, she found it on the bed where they were.

Q. to prosecutor. Might not the money have dropped out on the bed - A. I cannot say; I was on the bed. There is SW on the half crown, it is mine.

Kennedy. He did not speak to the mark on the half crown till he was at the office.

Prisoner's Defence. On Saturday night the prosecutor had been in company with another woman; he said if she could recommend him to a Welch or Scotch woman he would pay her for her trouble; I asked him two shillings; he gave me one shilling, and two pennyworth more halfpence; as for the money I did not see it; he said he had lost some money, I said I had seen no money; he shook the quilt and the money flew on the table. I cannot say whether it was his money, as I had some company before.

NOT GUILTY .

First Middlesex jury, before Mr. Recorder.

Reference Number: t18081130-68

68. SAMUEL BUTCHER was indicted for feloniously stealing on the 18th of November , one pound weight of candles, value 16 d. the property of Charles Baldock .

CHARLES BALDOCK . I live at Fulham , I keep a candle shop . On the 18th of November in the morning I was eating my breakfest, when Butcher came into the shop and asked for some sugar; my niece went into the shop and served him; he asked for some pepper; she turned back to get the pepper, and he took the pound of candles off the rails.

Q. Did you see him - A. My niece saw him. As soon as he was gone, she called out to me the old man has got another pound of candles; I followed him to his lodgings; I found him, I took him by the collar, desired him to deliver up the candles; he told me if I would not hurt him he would pay me for them, I told

him as he had robbed me so many times before I would detain him. I sent for a constable and delivered him up, and the candles.

SARAH BALDOCK . I am the niece of the last witness. On Friday morning the prisoner came in for half a pound of sugar, he asked for some pepper; I turned to get the pepper I saw him take the pound of candles, I was very much frightened, I could not speak; he asked what I coloured for; I told him I did not know, as soon as he went out of the shop I told my uncle that this old man had taken another pound of candles.

The property produced and identified.

Prisoner's Defence. I went of errands for Nancy Wilcox ; I used to fetch corn and hay for her; I asked this young woman for a pound of butter, half a pound of sugar, and a pennyworth of pepper; I never made any mistake in the world before. When the prosecutor came to me, I said the candles will be paid for.

GUILTY , aged 60.

Confined Six Months in the House of Correction , and publicly whipped in the Parish of Fulham, One Hundred Yards .

First Middlesex jury, before Mr. Recorder.

Reference Number: t18081130-69

69. JANE BRODERICK was indicted for feloniously stealing on the 25th of October , three sheets, value 15 s. two shifts, value 5 s. a petticoat, value 2 s. and a table cloth, value 2 s. the property of Sarah Osborne

SARAH OSBORNE . I live at No. 15, Carburton street ; the prisoner lived with me about two months and a fortnight.

Q. When was it you lost these things - A. At different times; the prisoner pledged the articles.

MR. MORTIMER. I am a pawnbroker, I live in Tottenham court road; three sheets, a table cloth, a shift, and petticoat, were pawned by the prisoner, at various times, for seventeen shillings and sixpence.

The property produced and identified.

Prisoner's Defence. My lord, her name is not Osborne; she owes me a guinea, that a gentleman left for me, and a fortnight's wages; that gentleman kept her; I nursed him; I did not pledge the things with an intention to wrong her; she owes me a guinea and a fortnight's wages.

Q. to prosecutrix. Is your name Osborne - A. Yes.

Q. Do you owe her a guinea - A. I do not; I paid her her wages the day I had her taken up, on the 15th of October; and on that night she pledged one of the sheets.

Prisoner. She is a jewess - she lived with a gentletleman, called Mr. Osborne.

GUILTY , aged 44.

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

First Middlesex jury, before Mr. Recorder.

Reference Number: t18081130-70

70. ELIZABETH HYDE was indicted for feloniously stealing on the 27th of October , two shillings and a penny piece , the property of George Exton .

GEORGE EXTON . I am a victualler ; I live in Tash street, Gray's inn lane ; I saw nothing of the transaction.

MARY BROOKS. I am servant to Mr. Exton; the prisoner came in and ordered a pot of beer, and change for half a crown; my mistress gave me a pot of beer, two shillings and a penny piece; the prisoner did not give me the half crown; she took the pot of beer from the and the change for half a crown, and told me to go back for a pipe of tobacco; when I came back with the pipe of tobacco she was gone.

WILLIAM KNIGHTLEY . I saw the woman come into my passage. No. 45, Tash street; I was there. She went out in the street; she came in again, I asked her what she wanted; she said she did not want any thing. I went to the door and watched her; she met this little girl in the street and took the pot of beer from her and some money; she put the beer down next door to me and went off down Gray's Inn lane.

Prisoner's Defence. That gentleman who has witnessed against me, and said I was the person before the magistrate, he said I had a long sleeve gown on, and that is a thing I was never in possession of in my life. In the next place, he told the magistrate that he saw the woman give me two shillings and a penny in my hand. When the magistrate asked him again if he was sure - he said, no, he saw some money; he said it was half after seven in the evening, then it was dark. It is very odd he should come and swear against me in such a manner. I would sooner go to a prison immediately than take a false oath.

GUILTY , aged 34.

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

First Middlesex jury, before Mr. Recorder.

Reference Number: t18081130-71

71. JAMES COKER was indicted for feloniously stealing on the 4th of November , a beer butt, value 20 s. the property of George Crafter .

GEORGE CRAFTER . I am a publican , I keep the King's Arms, Fieldgate street, Whitechapel . On the 4th of November there came the ale brewer's dray to take the empty casks from my cellar; to make room to get the empty casks away they drew this butt out of the cellar. It was about seven or eight o'clock in the evening, I was busy in the bar, I could not attend to the brewers; they went away and left it in the street. At ten o'clock I went to shut the shutters up, I saw it there. It was the the porter brewer's butt.

JOHN MAJOR . I am a watchman. I was in my box at two o'clock in the morning; I saw the prisoner rolling the butt; I asked him what he was going to do with it; he said he was going to take it down to the turnpike, which is almost three quarters of a mile, to see if he could find an owner to it. I secured him and the butt.

WILLIAM PARTRIDGE . I was on duty that night; the watchman brought me the prisoner in custody; I asked him where the butt was; he said in the street. I sent him for the butt.

Q. to prosecutor. Is this your butt - A. I cannot swear to it.

NOT GUILTY .

First Middlesex jury, before Mr. Recorder.

Reference Number: t18081130-72

72. ROBERT BURROUGHS was indicted for feloniously stealing on the 4th of November , forty pound weight of copper, value 30 s. the property of John Trueman Villebois , Henry Villebois , and Sampson Hanbury .

SECOND COUNT for like offence, the property of Alexander Palmer , and Thomas Shears .

The case was stated by Mr. Bolland.

JOHN RAY . I am a police officer. On the 4th of November, in the evening, I was in company with Gleed and Valentine; I saw the prisoner in Shoreditch, he had a stick on his shoulder, and this basket on it;

he was very near to a person that keeps an old iron shop, of the name of Revel, which is at the bottom of the gateway that goes out of the High street, Shoreditch; I followed him into the old iron shop; he throwed the basket off the stick on the counter; part of the copper went into the scale and part remained in the basket; I asked him where he got it, he seemed confused; I halloaed for Gleed and Valentine to come down to the shop; he begged that we would not take him in custody, he said he had found it somewhere in Bethnal green; I examined the basket, I could not see the least dirt on the basket; he begged that we would let him go, it would be the ruin of him; I told him I could not think of letting him go; he was taken to the office, and on the Saturday I found that he had been at work at Messieurs Trueman and Hanbury's in Brick lane; I went in company with Kennedy to Messieurs Trueman and Hanbury's brewhouse; we went up into the store room, there we compared some part of the copper to some of the copper remaining; it exactly corresponded.

BARNARD GLEED . Q. You have heard Ray examined - A. Yes.

Q. Did that parcel come from the prisoner - A. Yes; I was with Ray all the time; the prisoner begged we would let him go; for he came dishonestly by the copper; he said he would give us what money he had in his pocket, and what money he could raise besides; there is about forty pounds weight of copper.

ROBERT CARPENTER . I am a millwright.

Q. Do you know any thing of the prisoner being at work at Trueman's brewhouse on the 4th of November - A. Yes; he was putting up a little desk in a closet.

Q. Is the closet near the store room - A. It is quite up to the top, near the malt room.

Q. Was there any copper in the closet - A. Yes, and brass.

The property produced and identified.

Prisoner's Defence. I hope my lord you will have mercy upon me, if you please; I found this copper going home.

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

GUILTY , aged 54.

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

First Middlesex jury, before Mr. Recorder.

Reference Number: t18081130-73

73. LUKE KEEF was indicted for feloniously stealing on the 15th of November , a sash lead weight, value 14 d. the property of William Dove .

WILLIAM DOVE . The prisoner was a labourer of mine. On the 14th of November, I had a carpenter repairing the corn room and hay lost; the carpenter put the lead weight out of the room into the hay lost; the carpenter came to me and said the lead weight was gone, and there had been nobody in the hay lost except the prisoner and Old Will; I told him to finish the loft, we should find the weight; he found the sash weight in the course of the day between the hay and the hay hands in the loft; I told him to look out at night; the carpenter went to work below; when the men came down, Keef went into the hay loft, and then he came into me to set down his time; I waited till he set down his time. I then told him he had got a sash weight of mine; he said me, sir; I said yes, you have you scoundrel; he said I have; I immediately called the carpenter out of the yard to take him to the watch-house. The constable found the weight on him.

- HOWELL. I am constable of Mary-le-bone. The prisoner was brought to the watchhouse; I found the lead weight in his breeches pocket.

The property produced and identified.

GUILTY , aged 25.

Confined Fourteen Days in Newgate , and fined One Shilling .

First Middlesex jury, before Mr. Recorder.

Reference Number: t18081130-74

74. THOMAS HURREN was indicted for feloniously stealing on the 1st of December , three fowls, value 7 s. the property of George Bruce .

GEORGE BRUCE . I live at Holloway ; I am a labouring man .

Q. When did you lose your fowls - A. On Thursday, between four and five in the morning. I built up a shed close to my house, I lost them from there; I lost two hens and a cock. I heard the cock crow about four o'clock, presently after the cock ceased I heard a hen cry; I got out of bed, naked as I was, and went to the place, he pulled the door to with a string. I immediately pulled the door open and dragged him out by the collar; I called to my wife to bring my shoes; she brought my shoes; I desired her to call up a neighbour to assist while I put on my clothes; after I put my clothes on I took him to Islington watchhouse. I never lost sight of him. He had killed the whole of them; the cock and one hen he had put in the bag; I did not give him time to put the other in.

- . I am a constable. The prisoner was brought to me. I took him to the office.

Prisoner's Defence. I had been in the country the day before looking for work. I was very late and foot sore; seeing this shed, and being very much in liquor, and the door being open, I went in; there was a string to the door, I pulled it to keep myself as warm as I coold; this man pulled me out and took me to a dwelling house in the dark, and his neighbour came to his assistance; and as to the bag, I had no bag with me; from thence he took me to the watchhouse.

Prosecutor. I went back after I took him into the house, I asked him if he had killed them all; he said no; I asked if he had killed the cock; he said no; I would not have done nothing to him if he had not killed them.

GUILTY , aged 36.

Transported for Seven Years .

First Middlesex jury, before Mr. Recorder.

Reference Number: t18081130-75

75. ROBERT FOWLER was indicted for feloniously stealing on the 16th of November , five shillings, six halfpence, and a bank note, value 1 l. the property of John Westcoat .

JOHN WESTCOAT . I am a hatter .

Q. Where did you lose these things - A. From the sign of the George in Jermyn street , on the 16th of November, before eight o'clock. Robert Fowler and me slept in a two bedded room; I lost a one pound note, five shillings in silver, and some halfpence; I saw it there before I went to bed; in the morning Robert Fowler got up before me and went out, he returned again; I told him what had happened; I desired him to go down and order breakfast, and take a glass of what he liked, as I wished to speak to him; I wanted to detain him; upon which he immediately went out, and when I came down I enquired of the landlord; I found he was gone.

Q. Did you find any of your property afterwards - A. No; when the landlord came in I told him what happened. I have no other reason for accusing him, than no other person but me and Robert Fowler were in the same room.

Q. When had you seen this man before - A. The over night when I went to bed.

JOHN WALKER . Q.You are the landlord of this house - A. Yes. Mr. Fowler came to lodge with me on the 3d; he lodged there that night; and on the 4th Mr. Westcoat and Mr. Fowler slept in that bed; on Saturday night likewise; Mr. Fowler went to bed first; Westcoat went to bed about a quarter before twelve.

Q. Had you seen any money of his - A. Yes; on the overnight I saw a one pound note and some silver; how much silver I cannot pretend to say.

Q. Was he sober when he went to bed - A. He was a little in liquor when he went to bed: he was able to know what he was about.

Q. Any body else sleep in that room - A. Only them two.

Q. What is Fowler - A. When he first came to us he said his friends lived in the country, they had a large brewhouse.

ROBERT KING . I was at this public house on Saturday evening; I saw Westcoat with the money in his hands, he had a one pound note and some silver. I cannot say how much.

Q. Was he drunk - A. No, I cannot say he was drunk; he was very collected and knew what he said; he offered to pay his score; the landlord said no, he had better let it be till the morning; he put the money in his pocket again. In the morning Fowler went out and came in again; he went up stairs, and returned down again in about ten minutes; he saw the landlady; he told her he wanted breakfast: he went away as fast as he could towards the Haymarket; the landlord and I called after him in the street, he must have heard us; he did not turn back, he was not above thirty yards off. The landlord went into the Haymarket, collecting of pots, and happened to see him having his boots cleaned; the landlord came home; Westcoat, I, and the landlord pursued him; we found him at the Dog public house with his slippers on, he had left his boots to be cleaned; he seemed very much alarmed at our presence; we brought him back to the George and sent for Gregory the officer; as soon as he saw the officer he put some papers in the fire. Gregory had him in custody the Thursday before; he knew Gregory; the ashes of the paper were taken out of the fire; it appeared to be a forged draft that he had in his pocket; I had seen it before he was searched; and nothing was found upon him. When we came to the watchhouse we asked whether we should send for some friends; he said yes, I have a friend living in St. James's palace of the name of Latham; Latham came. In the presence of the prisoner he shewed me a note and a hat he had received from the prisoner.

JOSEPH GREGORY . I took the prisoner in custody; I searched him, I found nothing but sixpence and a few halfpence; he said he had never seen that note nor the silver; he said the sixpence he had in his pocket before, but the halfpence he picked up on the floor in the bed room. I was in the tap room when he put the paper in the fire.

Prisoner's Defence. I contradict almost all the evidence which they have given. In the first lace, the prosecutor says he did not ask what he spent the over night - he certainly did ask me; I told him I could not tell, as I was not there. With respect to their halloaing after me in the road, they did not, as I could hear them. I asked a parcel of boys where there was a barber's shop; from there I asked where I could have my boots cleaned, which was not above twenty or thirty yards from the place.

GUILTY , aged 28.

Judgment respited.

First Middlesex jury, before Mr. Recorder.

Reference Number: t18081130-76

76. JOHN CAMPBELL was indicted for that he being servant to Richard Wright , was employed and entrusted by him to receive money for him, and being such servant and so employed, did receive and take into his possession the sum of one shilling and nine pence for and on account of his said master, and that he afterwards fraudulently and feloniously did embezzle, secrete and steal the same .

RICHARD WRIGHT . I am a baker living in Old street. The prisoner came into my service in February last; he left me on the 8th of October.

Q. Do you know Mrs. Williams - A. Yes, she was a customer of mine then; she lived in Charles street.

Q. Do you know on the 9th of September of any goods delivered by him to her - A. I know by written documents in the book.

Q. What was there delivered to the prisoner on the 9th of September - A. Bread and flour to take to my customers; in this ledger is the entry made at the time. I copied it from him.

Q. You made the entry in that book from the account which the prisoner delivered to you - A. Yes.

COURT. I suppose some of your trade is on credit and some ready cash - A. It is.

Q. If they have the money they return you the money - A. Yes; and when they come without the money they return it unpaid, and I make an entry in the book in their presence.

Q. Read the entry - A.

"A quartern of flour, half a quartern loaf, and a penny roll."

Q. Have you any other Mrs. Williams - A. Yes.

Q. Did he tell you that he had not received the one shilling and nine pence of Mrs. Williams - A. Yes.

Q. Had he before he left your service made any discovery of this transaction - A. I often discovered him in an error.

Q. My question is this - whether before he had left your service, you had discovered that he had recieved this money from Mrs. Williams - A. No.

Q. On the 8th of October he left your service - how long was it after the prisoner had left you that you saw Mrs. Williams - A. In the course of three or four days. I told her that I had one shilling and nine pence against her, and then was the first time that I knew the money had been paid; about a fortnight afterwards I met the prisoner in the street, he said he lived with a Mr. Morris; I told him that he had taken money that he had not accounted for, I should have him apprehended for taking my money and not accounting for it; I saw him after that on the 1st of November, when I was taken up on a bench warrant.

Q. Had you took out any warrant, or made any charge before a magistrate before this 1st of November - A. No.

Q. There was an indictment against you for an assault - A. Yes.

Q. Before the 1st of November had he made any accusation against you - A. No.

Q. During the time he lived with you had you differed - A. One morning I could not get him up.

Q. In consequence of what took place that morning did he at any time tell you that he would make any complaint against you - A. Never

Q. Then the first time that you knew he had made a complaint against you before a magistrate was on the 1st of November - A. Yes.

Q. Had he ever taken you before a magistrate before the bench warrant - A. No.

Q. When you came before the magistrate, I suppose the nature of his accusation was his claim - A. It was.

Q. Was the prisoner present - A. He was.

Q. Did you at that time make any communication of this transaction - A. I did; it stood over for a future day.

Cross-examined by Mr. Gurney. You and he had some difference while he was with you - A. Yes.

Q. If he had not threatened to bring you before the magistrate, you would never have preferred this charge - A. He never threatened me.

Q. Did not he quit your house with the marks of your brutality upon his person - upon your oath, did not he quit your house with his hair torn up by the roots, and black marks on his face - I do not ask you whether you inflicted them - did not you see them - A. No.

COURT. Did he quit your service with any marks of violence - A. Not as I know of.

Q. Mr. Morris was a baker living about an hundred yards from your shop, from time to time had not you seen the boy going round with bread - A. I saw him but once.

Q. You know that your wife saw him at Mr. Morris's - A. She told me so.

Q. How many persons in the course of the day had this boy to deliver flour, bread, and rolls to - A. Near about twenty.

Q. And the boy was to account to you upon memory for the delivery of flour, quartern loaves, half quartern loaves, and rolls - A. Yes.

Q. Therefore, of course, he must say he received the money from some one - to a young lad can any thing be more easy than to make a mistake - A. I do not wish to say that he did it knowingly.

NOT GUILTY .

Second Middlesex jury, before Mr. Common Serjeant.

Reference Number: t18081130-77

77. JOHN CAMPBELL was indicted for feloniously stealing on the 7th of October , eight quartern loaves of bread, value 8 s. the property of Richard Wright .

Mr. Pooley declining to offer any evidence, the prisoner was

ACQUITTED .

Second Middlesex jury, before Mr. Common Serjeant.

Reference Number: t18081130-78

78. THOMAS BOERDER was indicted for feloniously stealing on the 28th of October , a peck of oats and beans, mixed together, value 3 s. the property of Thomas Fagg .

The case was stated by Mr. Gurney.

THOMAS FAGG . Q. You are the proprietor of stages at Hayes - A. Yes.

Q. Who was your horsekeeper there at that time - A. His name was James.

Q. I believe the prisoner had been formerly in your service as horsekeeper - A. He lived with me twelve years ago.

Q. Did you send down to your horsekeeper oats and beans for your stage horses - A. I did; I have a sample here; they are a heavy sample of Irish oats and beans, which are of a particular quality. It is my practice with my coachmen to serve out half a bushel of oats and beans for the day; they are put down together and turned up with a shovel.

Q. Upon this man being apprehended has your horsekeeper absconded - A. Yes; I have made enquiries after him; I have not heard any thing of him.

WILLIAM OSBORNE . I live at the Angel at Hayes.

Q. On the 28th of October last did you find any bag with oats and beans in it - A. Yes, under a bench, behind a tree, about five or six yards from the stables; as soon as I found them I carried them into Mr. Holt's house: he keeps the Angel.

Q. Was the prisoner there at the time - A. He was, but I did not know who they belonged to.

Q. Did you give the bag with the beans and oats to Mr. Holt - A. I did not, I set them down in the house and went out to my horses directly; I put them down in the presence of Mr. Holt.

JAMES HOLT . I keep the Angel.

Q. Do you remember the last witness bringing in a bag containing oats and beans - A. I do.

Q. The bag contained oats and beans - A. There was about a peck and a half.

Q. Was the prisoner in the house at the time - A. He was in company with Mr. Fagg's horsekeeper, we called him Jem. The prisoner was making high words with the cook; when this bag was brought in he ceased to be quarrelling; the horsekeeper took up his hat and lanthorn and went home. The prisoner sat silent a little, then he took the bag and went home.

Q. Did Mr. Fagg's man lodge in your house - A. No; in the neighbourhood. I asked the prisoner at the door how he came by that corn; he said he had got it at Uxbridge; I said I should like to see a sample; he said nothing, but went on homewards; I followed him, I went to his door, I called halloa; the prisoner came out; I said I was not satisfied respecting the corn, and insisted upon seeing some of it; I asked him where the bag was; he said the bag was within doors, but the corn was in the stable, the horse was eating of it. He conducted me to the stable; I went up to the manger and took out, with his leave, some handfuls of the corn; I then came home with the corn; it was oats and beans mixed, I have got a sample of the corn that I took out of the bag that night; the prisoner followed me and asked me what I hurried for; I said I have got what I wanted and I thought I should soon have him. The constable has the sample that I took from the prisoner.

Q. How soon afterwards was the prisoner taken up - A. When I returned home I sat down in my own room; the prisoner came in and sat down; he went out; I judged he was gone to the horsekeeper; I went to the horsekeeper's room, he was gone out; it was about nine o'clock. I went to the magistrate to advise with him what was best to do. The prisoner was apprehended that night; I went to the horsekeeper; he gave me the key; I brought him to my house; he went away before I could get a constable.

Q. Was the prisoner's examination taken in writing - A. It was not, I believe. The prisoner said that he got them from Mr. Fagg's horsekeeper out of the bin; he said the horsekeeper owed him two shillings; he

called upon him for two shillings in order to buy corn for his horse; the horsekeeper said I cannot pay you, I will give you some corn out of the bin; he said that was the only time he had ever had corn of the horsekeeper; he knew those that had it.

WILLIAM SCRIVEN . Q. Was what the prisoner said taken in writing - A. It was not. I produce the oats and beans.

Q. You were before the magistrate - A. I was; he said the horsekeeper owed him two shillings, he went to him to ask him for it, he wanted some money to buy corn for his horse; the horsekeeper's cry was, he had no money; he gave him this corn.

COURT, to Holt. Do they appear to be the same corn as Mr. Fagg's corn, so far as you can speak to your knowledge - A. I believe them to be samples of the same corn.

Prosecutor. They are precisely the same sort of corn.

Q. What would be the value of these oats and beans - A. The beans about two shillings, and the oats about one, rather more than less.

Prisoner's Defence. The justice wanted me to confess, and almost urged me to say it; they said they would quit me if I would tell the truth; by their urging of me I said I had them of the horsekeeper

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

GUILTY , aged 36.

[The jury recommended the prisoner to mercy.]

Confined Fourteen Days in Newgate , and publicly whipped One Hundred Yards at Hayes .

Second Middlesex jury, before Mr. Common Serjeant.

Reference Number: t18081130-79

79. DAVID CAKEBREAD was indicted for feloniously stealing on the 28th of November , a coat, value 31 s. 6 d. the property of Joseph Catmore .

JOSEPH CATMORE . I am groom and footman to Mr. M'Murray, he lives at Homerton .

Q. What is the boy - A. He works on the premises as a labourer to Mr. M'Murray. On Saturday evening the 28th of November, between six and seven, I was looking after the horses; I missed the coat out of the yard.

REBECCA BANKS . I take in washing. On Monday morning at eight o'clock the boy brought a coat to be altered; I told him I could not alter it; he told me he found it Mr. Bishop's field; on Wednesday I heard there was such a coat cried. I took it to Shephard.

- SHEPHARD. On Wednesday morning I cried the coat. I met Mrs. Banks coming out of the house with it. (The coat identified.)

Prisoner's Defence. Please you, my lord, I was crossing Mr. Bishop's field, I went to the dunghill to ease myself; I pulled it out from one corner of the dunghill.

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

NOT GUILTY .

Second Middlesex jury, before Mr. Recorder.

Reference Number: t18081130-80

80 RICHARD FORMAN was indicted for feloniously stealing on the 1st of December , a jacket, value 6 s. a pair of trowsers, value 2 s. and a shirt, value 2 s. the property of Thomas Black .

THOMAS BLACK . I am an apprentice on board the ship. I lost these things out of my chest last Thursday.

THOMAS WALKER . I am a Thames police officer. On Thursday night about six o'clock, I let the prisoner out of the dock gates; he had a blue jacket, a pair of trowsers, and shirt tied up over his shoulder, with a bundle of sticks over them; he told me that he got them from a boy to carry to a slop merchant to get them changed, they did not fit him; I asked him to shew me the ship, that I might be convinced of it; he would not tell me the ship's name. I took him before the magistrate, and the boy came and owned the things.

The property produced and identified.

Prisoner's Defence. We had a good many people working on board; I was going home with a bundle of sticks, I saw a bundle tied up, I took it up and looked at them, I said I will take these things home, and when I come tomorrow I will let them know; I took them, and when I came off with the things I met the constable.

GUILTY , aged 53.

Whipped in Goal and discharged .

Second Middlesex jury, before Mr. Recorder.

Reference Number: t18081130-81

81. JOHN WARNER was indicted for feloniously stealing on the 5th of October , a silver watch, value 20 s. the property of Joseph Halsop .

JOSEPH HALSOP . I keep an eating house in the parish of St. Catherine .

Q. When did you lose your watch - A. About seven or eight weeks ago. I lost it from under my pillow.

Q. Did the prisoner lodge in your house - A. He did two or three nights, he slept along with me; I let him out at six o'clock in the morning. I went to bed again, and when I got up at eight o'clock I missed the watch.

Q. Did you see him after he left the lodgings - A. I never saw him till I saw him before the justice.

ROBERT WILD . On the 5th of October the prisoner came to my master and offered me the watch to pledge; I lent him thirteen shilling on it.

WILLIAM PLANK . I keep a lodging house for sailors in Worcester street, Old Gravel lane. On the 27th of October the prisoner came to my house, he said he had just come on shore; he produced a note for twenty nine pound six shillings for wages. I told him if that was the case he might stop. I went with him the next day to see his captain, he went in, and when he came out he said I am very lucky, I have seen my captain, I am to have the money to morrow; he asked me to lend him some money, I let him have a guinea and five pounds worth of cloathes. Going up Ratcliffe Highway a woman called to him, and said he had taken her in, he had borrowed money of her; I took him home, and was pulling his things off; he dropped his pocket book. I found the duplicate of the prosecutor's watch in it; and while I turned my back he whipped a watch out of my room.

The property produced and identified.

Prisoner's Defence. I lodged in this man's house one night; I gave him a seven shilling piece to sleep with a girl in the house, he would not let the girl sleep with me; I asked him to give the money back, he would not. In the morning when I was coming out I picked up this watch on account of my money.

Q. to prosecutor. Did you owe him any money - A. No, he did give a seven shilling piece, he ate and drank five and sixpence; I offered him the eighteen pence, he would not take it.

GUILTY , aged 30.

Confined Six Months in the House of Correction , and whipped in Goal .

Second Middlesex jury, before Mr. Recorder.

Reference Number: t18081130-82

83. JOSEPH HOLMES was indicted for feloniously stealing on the 27th of November , a cask, value 20 s. the property of David King and Thomas Pickford .

SECOND COUNT for like offence, laying it to be the property of George Crowder .

GEORGE CROWDER . I am a lighterman . On Friday week I took a barge full of empty casks for Ralph's quay , and on Monday when I came to take the barge away, there was thirty four; there should have been thirty five.

THOMAS CHAPMAN . I am watchman of the quay, I saw this man take it off the barge.

ROBERT LEWIS . I am a watchman in Golden lane, St. Luke's. On Sunday morning I saw the prisoner bringing the cask along Golden lane; I stopped him with it; I asked him where he was going with it, he said he was going to take it home; I saw the name of Barclay, Perkins, and co. on it; I told him he must put it on his shoulder, and go along with me to the watch-house.

Crowder. I lost a kilderkin marked Barclay, Perkins, and co.; it is impossible to say it was this cask.

Prisoner's Defence. I was at work on the Colchester barge; this cask was on the deck; I took it for Brown and Parry's in a mistake; and when I came into Golden lane I saw it was Barclay and Perkins; that has brought me into this trouble.

Chapman. John Elvin , the wharfinger, has lost two casks before by this man.

NOT GUILTY .

Second Middlesex jury, before Mr. Recorder.

Reference Number: t18081130-83

84. HARRY COARTS was indicted for feloniously stealing on the 17th of September , four parcels of prints, value 3 l. 15 s. the property of Paul Coligne .

PAUL COLIGNE . I am a printseller in Oxford street.

Q. What is the prisoner - A. A broker . On the 6th of August these goods were delivered to Mr. Riveer, for him to deliver them to Mr. Coarts to send them to Holland.

WILLIAM LEE . I am a pawnbroker. On the 16th and 17th of September Samuel Diot pledged the books of prints in the name of Hendrix.

RICHARD PERRY . I am an officer. I found these books on the 1st of October at Lee's shop.

SAMUEL DIOT. I was clerk in the house of Joseph Coart . I was ordered to take these books and pawn them by the prisoner.

MR. RIVEER. On the 5th of August Mr. Coligne told me he had some books to send to Holland, he gave me seven parcels; I took them to Mr. Coart's, he gave me a receipt for them. I saw the parcel packed up; I do not know the contents.

Prosecutor. These are only part of the seven parcels that have been found; I have been searching two months for them.

Prisoner's Defence. The goods that I sent Diot to pledge I received them from captain Debay; he was discharged by the magistrate; I was first arrested for debt, and discharged for this felony, and after that I was detained.

NOT GUILTY .

Second Middlesex jury, before Mr. Recorder.

Reference Number: t18081130-84

85. MARY MAHONY and MARY CONNER were indicted for feloniously stealing a pewter gallon pot, value 10 s. the property of Paul Fennell .

ELEANOR BRYAN . I am a pot girl. Last Thursday morning I went to No. 8, Bembridge street, to the prisoners' apartments; I found this pot in an iron pot, partly melted, in a cupboard; the prisoners had left the room the night before.

PAUL FENNELL . The prisoners had been to my house on the night before. I never served them with a pint or a pot of beer in my life before. They were taken up for robbing a poor woman on the same night.

NOT GUILTY .

Second Middlesex jury, before Mr. Recorder.

Reference Number: t18081130-85

86. JOHN SANDERSON was indicted for a libel .

The case was stated by Mr. Bolland.

THOMAS WEBB . Q. Look at that book - did you purchase that book any where - A. Yes, at Mr. Richardson's, on the 21st of April last.

Q. Where does Mr. Richardson live - A. In Cornhill, opposite of the Exchange.

MR. GALLAWAY. Q. Did you print that book - A. I did; I printed it for Mr. Sanderson.

Q. Did he give you any directions for the title - A. General directions; that is, the title he handed to us.

Q. I see his name is not in the title - to where did you afterward send the copy - A. To Cadell and Davis.

MR. DAVIS. Q. What is your partner's name - A. Thomas Cadell .

Q. Look at this book, did you at any time publish that book - A. We did, for Mr. Sanderson; he brought us the book, I think the title page was not printed; he said he had been recommended to us by Mr. Gallaway, to publish a work he was then printing for him, a book of the Island of Trinadad; he said there was nothing in it that any bookseller might have to object to, that he would lay as much as was printed before us that we ourselves might look into it; my answer to him was, that the nature of our business was so well known that no gentleman would put into our hands a book of public or private censure; that Gallaway must know.

Q. Did Mr. Marriott call upon you at any time - A. He did. I immediately, to the best of my recollection, directed the copies to be put away and told our servants not to allow another to be sold; I imagine that Mr. Marriott learned from our men that the circulation was stopped.

Q. Did you see Mr. Sanderson - A. He enquired the reason; I told Mr. Sanderson there were matters in his book of a libelous tendency, that was sufficient for us to stop the sale; I ordered all the copies to be put away; the copies were all then put away; I believe they were not taken away then.

COURT. All this goes so far as to shew that somebody told him it was libelous.

MR. RICHARDSON. Q. You, I believe sir, are a bookseller - A. Yes.

Q. Did you publish that book - A. I did not publish it in the first instance, I afterwards sold it for Dr. Sanderson.

Q. When did he bring it forward - A. I should suppose about the spring of the year 1808; he stated that he was the author himself, that he should advertise it in his own name, though the name was not in the title, but as a security to me, in the sale, he should do it.

Q. You perceived that Cadell and Davis was in the title page - A. Yes. Dr. Sanderson stated to me if I thought it would do any injury to me, he would put his name in the title page.

Q. Did he communicate to you the reason for publishing the work - A. I do not think he did; something passed about Mr. Marriott making objection to it. [Page 19, 75, 79, and 80, read, and a note at the bottom of the page.]

Mr. Nowlan. The note comes not where the star is.

COURT. The note ought to be introduced in its place; it must come in that part where the star is; if you transpose any thing, you may quite alter any thing.

VERDICT for the DEFENDANT .

London jury, before Mr. Recorder.

Reference Number: t18081130-86

87. PHILIP CHELL , FRANCES CHELL , and WILLIAM WINSTANLEY , were indicted for a conspiracy .

The case was stated by Mr. Knapp.

NICHOLAS NIXON . Q. Who is the warden of the Fleet - A. Mr. John Eyles ; he has been warden for fifty years; I have assisted him twenty years.

Q. Was Mr. Winstanley, the person at the bar, in your custody - A. Yes. William Winstanley and Philip Chell were prisoners.

Q. Was Frances, the wife of Philip Chell , a prisoner - A. She was not.

Q. Have you got the papers here - A. My clerk has.

Mr. Reynolds. When did the prisoner Winstanley first come into your prison - A. I do not know; my clerk will tell you, he will produce the documents, and that will shew when he came into prison.

MR. WOODWARD. Q. You are clerk to Mr. Nixon - A. I am.

Q. Are these the proceedings, the habeas corpus and the commitment, under which he was in custody - A. It is, and dated 27th November, 1807.

MR. LONG. Q. I believe you are clerk to Mr. Holloway, Chancery lane - A. Yes.

Q. I am now putting in your hand the habeas corpus, and tell me whether I. Mansfield is the lord chief justice's hand writing - A. Yes, and the commitment is his hand writing,

FREDERICK ISAACSON . Q. Look at that return on the habeas corpus and tell me whether that is the return - A. It is. (The habeas corpus and the commitment read.)

Q. to Woodward. Look at that hand writing. you see Winstanley's name at the bottom of that writing - A. I do, I have seen him write; that is his hand writing.

Mr. Reynolds to Nixon. You told me you did not know the exact time that Winstanley came in the prison - A. From recollection I do not know; from the documents it was in November.

Q. Do you remember his having possession of a room there for which he paid money in advance, and was to pay so much per week - A. I do not remember.

Q. Do you remember any message being sent to you by him, complaining of the treatment he had received in consequence of his being removed from that room - A. I do not recollect it; probably he might; he was very much in the habit of complaining.

Q. Did not he complain of bad conduct towards him, which you might prevent - A. It is not possible for me to recollect; I have a hundred of them complaints in a week. I remember a letter from my lord chief justice Mansfield, and I went to my lord chief justice upon it.

Q. Then I think you must have a tolerable recollection that he made a complaint - was not that complaint by letter - A. Yes.

Q. Have you got that letter - A. No, I have not.

Q. Do you remember such a man as Fitzbugh - A. There was such a man.

Q. Pray sir, I would ask you whether in consequence of what passed between sir James Mansfield and yourself, you did not make some apology for what you had omitted - A. No.

Q. Have you never made any resentment against Mr. Winstanley - A. I never had any reason.

MARY ANN VIPOND . Q. Are you a married woman - A. Yes, my husband's name is William Vipond ; I am a washerwoman, I live in East passage, Cloth Fair.

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

Q. Has he made any application to you respecting getting out of the prison - A. Yes, several times, but I refused.

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

Q. Do you remember any thing happening when Winstanley escaped out of prison - A. Yes, he called on me where I lodge, I did not see him; he left word with my landlady; I went to the Fleet prison to his room in the Fleet prison, knocked at the door, nobody answered; I went to No. 17, Mr. Chell's door, I knocked and asked if Mr. Winstanley was there, or where he was; he told me he was not there; he then considered a little while, and then asked me whether I washed for him; he said he went out on Friday night and nobody knew any thing of it but him, and that he would return on Sunday; I went down to Mr. Nixon and made enquiry, I did not tell him, I said I wanted Mr. Winstanley. Mr. Nixon made enquiry, he was not found; I went to his lodgings in Doctors Commons, there I saw Mrs. Chell in the room with Mr. Winstanley; I told him that I had been to the Fleet prison, that he was not there; he said it was a pity I went to the Fleet prison for all was spoiled by it. He wanted me to take a note to Mr. Chell, I told him I could not think of doing any thing of the kind; I told him I was obliged to go home. Mrs. Chell went away, she had a bundle, I cannot rightly say what it was; there was something in it like a dark coloured spotted cotton gown. In my way home I stepped into the Fleet prison, I made Mr. Nixon acquainted where Mr. Winstanley was.

Mr. Knapp, to Woodward. In consequence of information that you received of Winstanley being out, did you go for the purpose of apprehending him - A. I did. On Saturday the 17th of September, I went to Wardrobe place, Doctors Commons; I went by myself the first time; when I came there he was denied by the servant of the house and the mistress; after that I went the second time with Hodgkin, one of the turnkeys. I went up to the two pair of stairs room, in the same house, without asking any questions, I found Wintanley;

I told him I was come to take him home again. I took him in a coach with his paintings to the Fleet prison.

Cross-examined by Mr. Reynolds. Did not Winstanley tell you that he had written a letter to Mr. Nixon from that place - A. I believe he did.

Q. And did not he beg a little time to pack up his things - A. Yes, and I gave it to him, as much as he wanted.

Q. What became of Winstanley upon his return to prison - A. He was sent to a place of safety into the strong room - the strong room is equally as good as any in the house.

Q. Was this said by any one when he was taken to the strong room - there he shall stay as long as he is in the Fleet prison, and I will try to transport him - A. I do not recollect that Mr. Nixon made use of that expression; he said take him into the strong room.

Q. Will you swear that he did not - A. I will not; I do not believe he did; he might say he would keep him there as long as he staid, it was the only place of safety.

Mr. Smith. Do you happen to know whether Chell was put in the strong room - A. He was there four or five days. I cannot swear positively.

THOMAS HODGKIN . Q. You are one of the turnkeys of the Fleet prison - A. Yes.

Q. Winstanley you know, he was in your custody - A. Yes, and I know Chell.

Q. Had any application been made by Winstanley to you for the purpose of getting out of the gate - A. Yes; it might be six weeks before he made his escape; he said he wanted to go out for one day, and if I would let him out he would give me a guinea; I asked him how he could ask me such a question, and whether he thought he would bribe me to betray my trust; he did not say any thing more to me after on the subject.

WILLIAM BAKER . Q. Are you one of the turnkeys of the Fleet prison - A. Yes.

Q. Do you remember the time when he escaped and when he returned - A. I remember when he returned. When he was in the strong room Mr. Winstanley told me that he went out in women's apparel, and that any person might do the same: he told me so two or three times.

[A letter read addressed to Mr. Nixon, signed by William Winstanley , and a letter addressed to Mr. Nixon, signed by Phillip Chell, was read.]

Mr. Reynolds addressed the Jury on behalf of William Winstanley , and Mr. Smith addressed the jury on behalf of Philip and Frances Chell .

NOT GUILTY .

London jury, before Mr. Recorder.

Reference Number: t18081130-87

88. LYDIA SIMONS was indicted for unlawfully receiving on the 22nd of September , three blankets, value 1 l. 1 s. the property of John Wood , which by a certain evil disposed person then lately before had been stolen, she knowing them to have been stolen .

ANN GOODLAND . I lived with Mr. Wood as servant, he is a messenger of the income tax office . The defendant came to me one morning to ask me whether I had any thing to sell; she had nothing that morning; but the next time she came I sold her one blanket.

Q. Whose blanket was it - A. Mr. Wood's. In about a fortnight after I sold her another, and in about a week I sold her another, that was three; that was all that was sold to her; and the next week she came on the Monday morning, she desired me to get something else for her, and she would bring me some coffee. That was on the morning she was taken.

Q. What did you receive for these blankets - A. Two shillings a piece.

Q. Does she go about crying old clothes - A. Yes.

Cross-examined by Mr. Reynolds. How long have you lived in Mr. Wood's service - A. Not quite two months.

Q. A person came and asked you whether you had any thing to dispose of - A. Yes; she came to me as I was cleaning the door.

Q. You gave her one of the blankets, you were very reluctant at first - A. Yes.

Q. How long was it working on your conscience - A. A fortnight.

Q. You robbed your master - A. Yes.

Q. You robbed your master a second time and the third time - had not you taken any thing else - A. No, nothing else.

Q. Is it not to save yourself that you accuse this woman - A. I do not accuse her against her will. It was her that persuaded me to do it.

Q. When did you first tell of this - A. My mistress missed the blanket; she asked me, and I told her.

Q. Did not you expect to be tried when she found it out - A.Certainly I did.

Q.Do not you expect to be saved because you have given evidence against this woman - answer my question - A. Yes.

Q. You were in custody, were not you - A. Yes.

JOHN WOOD . I am a messenger in the income tax office. On Monday morning the defendant came at half past seven in the morning, she passed me as I was in the street; she looked up at the house and down the area to see that all was right, she then pulled the bell and was let in. I went for an officer.

MARY WOOD . On the 22nd of September I missed a blanket; I accused Ann Goodland; she strongly denied it; afterwards, in about two or three hours, she acknowledged it; she told me she had sold them to a Jew woman; she said the woman was to come on the Monday following.

Q. Did she come on the Monday following - A. Yes, and that is Lydia Simons , that Jew woman. Mr. Wood expecting of her, went and brought in an officer. When she came in the house I asked her if she bought blankets; she said no, she only bought hare and rabbit skins; my servant told her that she bought them, to her face; she had a white paper in her hand; the girl said she offered her some coffee. The woman was taken to the compter.

Q. Your servant told her that she had bought blankets of her, what did she say to that - A. She did not deny it.

Q. Did you ask her what business she had there that morning - A. I did; she wanted to know if we had any thing to sell. My nephew had opened the door to her a week before; she then begged pardon, and said she had come to the wrong house. It was on Monday the 26th when she was taken up.

RICHARD BOWLES , I am nephew to Mr. Wood. I am apprentice to the ship King George in West India trade. About a week before the blankets were missing I saw the woman come into the house, she seemed to

be quite struck at seeing me, she begged my pardon, and said she had come to a wrong house; I went down stairs and told the girl of it; I went to the Compter. When the girl and woman was taken up I saw the coffee drop going along Lombard street to the Poultry compter.

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

PHILIP KING . I am an officer. Mr. Wood sent me on the 26th to take this woman in charge; Mrs. Wood said she was offering the servant some coffee. Jewson, an officer of the parish, was there; we searched her, so far as decency would allow; we could not find any coffee upon her. Going along Lombard street she came to a puddle; she dropped the coffee and pressed it in the puddle. I instantly put my hand in and took out the coffee.

Q. You did not find the blankets - A. No.

Q. to prosecutrix. What might one of the blankets be worth - A. Seven shillings a piece.

Mr. Reynolds addressed the jury on behalf of the defendant, called seven witness, who gave the defendant a good character.

GUILTY .

Confined Six Months in Newgate .

London jury, before Mr. Recorder.

Reference Number: o18081130-1

82. JAMES LEEK convicted in October sessions Transported for Seven Years .


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