Old Bailey Proceedings, 12th September 1821.
Reference Number: 18210912
Reference Number: f18210912-1

THE WHOLE PROCEEDINGS On the King's Commission of the Peace Oyer and Terminer, AND Gaol Delivery for the City of London, AND ALSO The Gaol Delivery For the County of Middlesex, HELD AT Justice Hall, in the Old Bailey; ON WEDNESDAY, 12th of SEPTEMBER, 1821, and following Days;

Being the Seventh Session in the Mayoralty of THE RIGHT HON. JOHN THOMAS THORP , LORD MAYOR OF THE CITY OF LONDON.

Taken in Short-Hand by H. BUCKLER, Basinghall Street, (BY AUTHORITY OF THE CORPORATION OF THE CITY OF LONDON.)

London:

PRINTED FOR THE EDITOR, By T. Booth, 31, St. Andrew's Hill, Doctors' Commons; and PUBLISHED BY T. KEYS, CITY LIBRARY, COLEMAN STREET .

1821.

THE WHOLE PROCEEDINGS On the King's Commission of the Peace, OYER AND TERMINER, AND GAOL DELIVERY FOR THE CITY OF LONDON, AND COUNTY OF MIDDLESEX.

Before the Right Honourable JOHN THOMAS THORP , Esq. LORD MAYOR of the City of London; Sir James Graham , Knt., one of the Barons of his Majesty's Court of Exchequer; Sir John Richardson , Knt., one of the Justices of his Majesty's Court of Common Pleas; Thomas Smith , Esq.; Matthew Wood , Esq.; Christopher Smith , Esq., and John Atkins , Esq., Aldermen of the said City; Sir John Silvester , Bart., D.C.L. Recorder of the said City; Robert Albion Cox , Esq.; William Venables , Esq.; Anthony Brown , Esq., and Matthias Prime Lucas , Esq., Aldermen of the said City; Newman Knowlys , Esq., Common Sergeant of the said City, and William St. Julien Arabin , Esq., his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of the Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

London Jury.

G. Mackenzie Stroud ,

Francis Jones ,

John Viney ,

Wm. Warrener ,

James Hubbard ,

John Kennard ,

Joseph Mather ,

Thomas Day ,

Thomas Clark ,

Evan Lewis ,

Joseph Curtis ,

Robert Bowler .

1st Middlesex Jury.

William Yockney ,

William White ,

George Brick ,

Thomas Seatry ,

William Davis ,

Thomas Sheriff ,

North Jolly ,

John Staton ,

Thomas Noble ,

Samuel Hannon ,

Thomas Harrison ,

Thomas Pocock .

2nd Middlesex Jury.

James Clark ,

John Cameron ,

Wm. Cornelius Offley ,

Michael Tissue ,

Thomas Hopkins ,

Richard Preston ,

Thomas Tapster ,

James Davis ,

James Newman ,

James Olliphant ,

Samuel Williamson ,

Charles Prater .

SESSIONS HOUSE, OLD BAILEY, SEPTEMBER 12, 1821.

THORP, MAYOR. SEVENTH SESSION.

Reference Number: t18210912-1

1047. MATTHEW LYNCH was indicted for burglariously breaking and entering the dwelling-house of John Wessen , on the 28th of June , with intent the said John Wessen , feloniously, wilfully, and of his malice aforethought to kill and murder .

SECOND COUNT, stating his intent to be to steal the goods in the said dwelling-house.

JOHN WESSEN . I live at South Mimms . I have known the prisoner about a year and a half, or more, he was a labourer ; he lived with me, and had not left me a year. When I came to town four or five months ago he got into my wife's room to steal something, and I ordered him off the premises. I had no other quarrel with him. On the 9th of August, about two o'clock in the morning, I heard a great noise in my house - it was quite dark; I got up, came down stairs, and saw the prisoner in the parlour, with a candle, breaking open the door - the pannel of the first door was broken all to pieces; the parlour door was also broken. I saw nothing in his hand. He said,

"I am the man that is come to murder you." I knocked him down, called for assistance, and some of my lodgers and neighbours came, and helped to secure him. I found nothing on him, no weapon of any kind. A spade was found in the house. The noise he made in breaking the door open alarmed my neighbours as well as me. I believe he was mad drunk.

Q. You have known him a long time, had he his right senses - A. Yes, my Lord. He is a single man. I found nothing removed in the house, for I came down stairs immediately as he got in.

JOHN CHEESE . I keep the toll-gate at South Mimms. About two o'clock on this morning I was awoke by a very great noise - I was at the toll-house, alone; the day had not begun to break. I opened the door, went to the corner, and the prisoner came towards the toll-house - I knew him before; I went in again, and bolted both bolts. He came, took hold of the fastening of the door, and ordered me, twice, to open it, which I did, and he came in, paced across the toll-house to where we keep the coals, seized the shovel produced, and then went out with it. I was going to follow him, but he ordered me to stand back. I heard the breaking of Wessen's door, which was about twenty or thirty yards off; I went in, and left my money and watch - he returned to the toll-house, and took a lighted candle - he appeared to me to be as perfectly in his senses as I am; he carried the candle away alight. I afterwards saw him in the prosecutor's house - he had broken open the door, and was trying to escape out; I seized him by the collar, pushed him in again, and saw him secured. The spade produced is mine.

Prisoner's Defence. I came home drunk one night, and went into his room by mistake, I laid my hand on his wife, she called out murder! I then went to my own room, and she said she would have her vengeance if it was five years after. Next morning (I owed her 12 s.) she took my waistcoat, breeches, stockings, and hat, and turned me out. About nine o'clock one night I went to his yard for my working tools, he said if I did not leave the premises directly he would put me in the cage. I went to the Justice, who was not at home. I got fuddled, came to this man's house, called to him for a quarter of an hour for my tools, he would not open the door; I was in a passion, got a shovel, and broke it open.

JURY to WESSEN. Q. Were any of his tools in your house - A. There were two gravel sieves in the yard, worth about 2 d. He knew they were in the yard, and not in the house.

WILLIAM CAMPLIN . I live at South Mimms, and was at work with the prisoner two or three days before this happened, he ran about like a madman, night and day, without his shoes. I never saw anything the matter with him till he was drawn for the Militia, then he was like a madman. I live at Wessen's; his tools were in the house, not in the yard.

NEWBORN WILLIAMS . I have known the prisoner about a year and a half. When he returned from the Militia he would not keep to work; I thought him out of his mind, he ran about from one public-house to another.

THOMAS CAMPLIN . I have known the prisoner for two or three years. About this time I took him to be a madman; he was a hard working man before.

NOT GUILTY .

First Middlesex Jury, before Mr. Baron Graham .

Reference Number: t18210912-2

1048. THOMAS FITZGERALD was indicted for feloniously assaulting Nicholas Peters , in a certain open place near the King's highway, on the 10th of August , at St. Pancras , putting him in fear, and taking from his person, and against his will, one watch, value 2 l.; one ribbon, value 1 d.; one key, value 1 d., and the sum of 4 s., in monies numbered, his property .

NICHOLAS PETERS . I live in Hampden-street, Somers-Town. On the 10th of August, about a quarter before

two o'clock in the afternoon, I was walking near Primrose-hill , alone, on the footpath. A person asked me what o'clock it was, I said I could not say, for I had no watch, which was false, for I had one; he passed me, and in about two minutes he returned, stood before me, and demanded my money. I undid my coat, put my hand in my pocket, and gave him 4 s.; he then demanded my watch; I pulled it out, and gave it him. I had a bundle in my hand, containing bread. He then said "Give me that ring," which was on my finger. I said No, I would lose my life first. He then walked on, and I saw no more of him till he was at Bow-street.

Q. Was he armed - A. Yes he had a horse pistol, which he presented to my breast, within three inches of it. I went to Bow-street a few days after, and saw him in custody. This lasted about ten minutes, I should think. I cannot swear to the prisoner, my sight is very bad. He was not dressed the same at Bow-street. I saw nobody else near. I have since seen my watch, and a pistol.

GEORGE FROST . I am apprentice to Mr. Hawkins, a pawnbroker, of Drury-lane. The prisoner came to the shop on the 10th of August, between three and four o'clock, with a watch, to pawn for 25 s. I asked his name, he said it was Collins. I did not like his appearance, and asked if it was his? He said Yes, and what he gave for it? He said he gave four guineas for it, he could not tell the maker's name; I asked how he wound it up or opened it. He said "What is that to you?" I said "If you cannot tell how to wind it up, how can it be yours." He said "What is it to you if a person sent me with it." I said fetch the person. He said "Give me the watch"? I kept it, and told him to send the owner; he left. I saw no more of him. On Monday. I told the officer that I had the watch, and found the prisoner, was taken. I am quite sure he is the man. He was four or five minutes, with me. I took particular notice of him.

Prisoner. Q. Did I ask 25 s. for it - A. As near as I can recollect; he did not say it belonged to Collins, he said his name was Collins, and that he bought it new for four guineas.

SAMUEL LACK . I am an officer of Bow-street. On the 10th of August, about four o'clock in the afternoon, Peters came to the office, and said he had been robbed. I heard his description of the man, and after that saw the prisoner at the corner of the street, as I stood at the office door, and from the description. I was sure he was the man. I called Read. I saw him go up the street, he passed a Jew, and went up to another Jew. I followed him into Long-acre, he walked fast. He turned round looked about him, then stopped to buy some currants. I stopped him, and asked what he was, and where he worked. He said

"What is that to you?" I said I was an officer, and should take him. I took him to the office, and while I was speaking to the Magistrate he whipped round and was going out, but Blaksley stopped him. He told the Magistrate he lodged at No. 2, Rose-street, Long-acre. I went to the house, and saw the landlady, she shewed me a bed-room, and in a box there, I found this pistol. He told the Magistrate he lodged at the top of the house, but I do not know whether he said the back or front room. I found the pistol, in the back room. I do not think there was above one room at the top. I produced it at the examination; he at first said he did know it, but then said he did not. It was not loaded, nor had it any flint in it. I found no powder or ball in the room. The prosecutor saw it that evening.

Prisoner. Q. Did I not say, I had seen it - A. No, he said he knew it, and then he denied it.

CHARLES READ . I assisted in taking him in Long-acre. He said he lived at No. 2, Rose-street. I did not hear him say what part of the house. We went there and found the pistol, in a box, in the top room. I think there is only one room on a floor. It was produced to the prisoner, and asked if it was his, he said "I might have seen it in my box, up stairs." I believe Lack had told him, where it was found. He afterwards denied knowing any think of it.

MR. PETERS. I know the watch to be mine, I had had it two years and a half. I believe the pistol, to be the one that was presented to me.

Prisoner's Defence. I was looking for work, and met a man, who took me to a public house, called for a pot of beer, and gave me the watch to pawn; I asked what name I was to pawn it in, he said Collins. I said, they would not take it in, if it was not my own; he said then bring it back. The gentleman asked if it was mine, I said "Yes, and I paid four guineas for it," I returned to the house, the man came out, I never saw him again. I went up Bow-street, and asked a Jew if he met a man in a white apron, going down Long-acre.

ELEANOR LEARY . I live at No. 2, Rose-street, Long-acre. The prisoner lived fourteen or fifteen months with me, and is a labouring man; the pistol was found in his box, it belonged to another young man, who lodged there. He picked it up in Bird-cage-walk, a year and a half ago.

Q. How do you know that - A. The man brought it in one night, all over rust, and cleaned it. The box was open. There was nothing else in it, but three old books.

ELEANOR CASHMAN . I live at No. 2, Rose-street. The pistol was not the prisoner's, for I saw the other man bring it in when he found it.

GUILTY . - DEATH . Aged 31.

Recommended to Mercy by the Prosecutor.

First Middlesex Jury, before Mr. Justice Richardson.

Reference Number: t18210912-3

1049. JOHN TAGGET was indicted for stealing, on the 4th of August , one hat, value 18 s.; two bonnets, value 14 s.; two veils, value 5 s.; one pair of gloves, value 6 d.; one gown, value 7 s.; one pair of stays, value 5 s.; two petticoats, value 3 s.; six knives and forks, value 7 s.; eight handkerchiefs, value 5 s.; six pair of stocking, value 3 s.; three shirts, value 5 s.; three pinafores value 1 s.; one shift value 2 s.; two watches, value 2 l.; three seals, value 30 s.; one key, value 5 s.; one ring, value 5 s., and one shawl, value 6 s., the goods of William Francis , in his dwelling-house .

WILLIAM FRANCIS . I rent a house in Little Guilford-street . On the 4th of August, about half-past five o'clock in the morning, I went out, and left every thing safe. I returned at nine o'clock, and found the door fast. My neighbours told me the house had been robbed. I went in, and missed the articles stated in the indictment.

JOHN PULLEN . I live at Francis's house. He went out, I came down stairs, between five and six o'clock, and saw two men going out at the front door. The prisoner was one of them, he had a green bag on his back. I saw him with it in Woburn-place. They both went out of the

house together, and one of them had the green bag then, but I cannot say which had it. One went one way, and the other another. I followed the prisoner, and kept him in sight all the way, they both ran as fast as they could. The prisoner had the green bag on his shoulder, in Woburn-place. I followed him down to the New-road, he was then walking, I got within fifty yards of him, I ran, and he then dropped the bag; I ran as far as the bag, and then was obliged to give up the pursuit - he escaped. His back was towards me. He turned round several times while I followed him, I saw his face. He was not taken till last Sunday; I am positive he is the man. I brought the bundle to Francis's. Read took it to the office. It then contained part of the articles stated in the indictment. I know the prisoner to be the man, he lodged next door.

(Property produced and sworn to.)

JOHN PAYNE . I live at Little Guilford-street. I got up about five o'clock in the morning, of the 4th of August, and was in my front room. I looked through the window about half-past five, and saw two men come out of Francis's house, with a green bag, the prisoner was one of them, the other had the bag. I saw the prisoner's face, as he came out; I knew him before well, he lived opposite. He had nothing in his hands, I did not follow him. Pullen came down to the door, looked out, and went into the passage again, then came out immediately, and called to know if I saw two men come out. I told him they were gone towards Woburn-place; he followed as hard as he could, and in about twenty minutes, I saw him return with the bag.

JAMES ELLIS . I am an officer. I received information that the prisoner lived in the neighbourhood of Well-street, and last Sunday I took him.

Prisoner's Defence. My Lord, I feel confident from the evidence adduced against me, that it would be useless to say a word, but in mitigation. I simply, and humbly, throw myself on your mercy, and state, I was instigated to commit the crime through having in an unfortunate circumstance before done wrong, and lost my character. Wherever I applied for work I could not succeed, not having a character. My wife was ill, and I was driven to this by necessity.

GUILTY . Aged 27.

Of stealing to the value of 39 s. only.

Transported for Seven Years .

First Middlesex Jury, before Mr. Baron Graham .

Reference Number: t18210912-4

1050. JAMES COLLEY was indicted for stealing, on the 11th of August , two coats, value 45 s., the goods of John Cox Dillman Englehart , in his dwelling-house .

JOHN COX DILLMAN ENGLEHART . I rent a house at Acton . On the 11th of August, between two and three o'clock in the afternoon, one of my children gave me information. I went into the hall, and found the prisoner doing something up in a basket. I asked what he did there; he appeared confused, and on my repeating the question, he asked if I wanted any lemons; I told him to go about his business, he took up his basket, and went. I followed him, and before he got out of the garden, I insisted on looking in his basket, and found, two of my great coats. He was not willing for me to examine it. I could not see what was in it, without opening it. I took him out into the road, and sent for the constable who took him. One of them, was a box coat nearly new, and cost me four guineas and a half. I saw both in the hall the night before. He had two lemons in his hand. There was another man outside who ran away.

(Property produced and sworn to.)

JOHN WILLIAMSON . I am a constable. I took the prisoner in charge at the watch-house. He said he fell in company with a Jew who sold lemons, and the Jew gave him the basket, and told him if he saw any thing at the houses he went to, to put it in.

Prisoner's Defence. I did not put them in the basket. The other man offered me 2 s. to carry them, and said he bought them of the footman.

GUILTY . Aged 21.

Of stealing to the value of 39 s. only.

Transported for Seven Years .

First Middlesex Jury, before Mr. Justice Richardson.

Reference Number: t18210912-5

1051. THOMAS WILSON was indicted for stealing, on the 9th of August , at St. Mary, Whitechapel , one tea chest, value 2 s.; three watches, value 4 l. 10 s.; five seals, value 3 l.; one gold chain, value 10 s., and 209 l. 19 s. in monies numbered, the property of John Jacob Widmayer , in his dwelling-house .

JOHN JACOB WIDMAYER . I keep a public-house , in the parish of St. Mary, Whitechapel, and rent the house. On the 9th of August, about a quarter after twelve o'clock at noon, I was in my bar; the prisoner was in the tap-room. My tea chest, containing my money and trinkets, was in the bar. At nine o'clock I had deposited several valuable things in it. - there was 163 sovereigns, 6 half sovereigns, 13 guineas, four half guineas, three 7 s. pieces, and 27 l. in silver. I had put the chest, in the bar, expecting the distiller would call for money. At a quarter past twelve o'clock I was giving change out of the tea chest, for a sovereign, and was counting the money over, ready for the distiller; I cannot say whether the prisoner saw me or not, he was in the tap-room. I had occasion to go into the yard to fetch some pots, I was not absent half a minute, on returning to the bar, my wife called out from up stairs, saying that Wilson was running very hard towards Whitechapel, I turned round, and missed the chest from the bureau drawer, and the prisoner was gone. In about a quarter of an hour he was apprehended.

THOMAS CORDER . On the 9th of August, about a quarter past twelve o'clock at noon, I saw the prisoner in Church-lane, Whitechapel - (it was the day of the robbery) - with a woman, they were struggling together. I was on the opposite side of the way, in company with Smith, and seeing them struggling, I advanced towards them, and as I advanced the prisoner threw the caddy from under his arm. I told Smith to secure him. I picked up the caddy, a quantity of silver and sovereigns fell out, and I picked them up; we took them to Lambeth-street, and gave them to an officer, with the chest.

GEORGE SMITH . I was with Corder. The prisoner was scuffling with the woman; I saw him throw the caddy down, the sovereigns, and silver fell out.

WILLIAM FOSTER . I am an officer of Lambeth-street.

Corder delivered the prisoner and caddy to me. I found 2 l. 12 s. 6 d., on him. The chest contained 212 l. 19 s., three gold watches, a chain, and five seals.

JOHN JACOB WIDMAYER . The tea chest is mine. The watches are worth 4 l. 10 s.; the money amounts to 212 l. 19 s., including the 2 l. 12 s. 6 d., found on him. I can swear to some of the guineas.

Prisoner's Defence. The temptation of so much money being so easily got, I could not resist, and therefore lay myself entirely on your mercy. I have been 36 years in His Majesty's service by sea and land.

GUILTY - DEATH . Aged 62.

First Middlesex Jury, before Mr. Baron Graham .

Reference Number: t18210912-6

1052. JOHN BUNBURY was indicted for stealing, on the 7th of August , ten silver spoons, value 3 l., and five silver forks, value 3 l., the goods of James Marshall Thompson , in his dwelling-house .

JAMES MARSHALL THOMPSON . I keep an hotel in Cavendish-square . About the 6th of August I missed articles of plate, and for a fortnight before, at different times. I once missed fifteen articles at once. The prisoner lived at my house, as footman to Mrs. Churchill, who was at my house for three weeks. She left about the 15th of August, he was there all day, but did not sleep in the house. I found all my spoons at the watch-house.

WILLIAM POYLE . I am a pawnbroker, and live in Oxford-street. Leary, who lives next door to me, and is a tenant of mine, brought me a quantity of plate, to ascertain its value. I said I should be glad to know whom it belonged to, as it was very good - I insisted on knowing it - he went away. I went to the watch-house, and took the constable to Leary; he took him into custody, and took him to the watch-house (he mentioned Bunbury's name to me when he brought it); he said if we would let him go he would fetch the man whom it belonged to, and he went with the constable, and fetched the prisoner from Mr. Thompson's, and in the evening they were both taken to the office. The prisoner told me he bought the plate at the sales of different silversmiths' property in Ireland, six or seven years back. I asked him how he would look if I proved some of the spoons were made only a year or two back? He said he was positive I could not do that, as he bought them six or seven years ago, at different sales. The plate consisted of spoons and forks - I delivered it to Mr. Sellers. There are letters which silversmiths put on the back, by which we can tell how long they have been made.

CORNELIUS LEARY . I live at No. 1, Gee's-court, Oxford-street, next door to Mr. Poyle's. I served my time to a tailor, but keep an old iron shop. I received the plate from the prisoner, and afterwards took it to Poyle. I had known the prisoner about four months - I am an Irishman, and so is he. He told me he was a clerk in Dublin, and was in very good circumstances; that he had a furnished house, had parted with all his plate, and that he wished to know the value of this; I took the plate open through the court, to Poyle, and said,

"Here is some plate, a friend of mine wishes to know the value of it." He detained me. I took him to the prisoner, who gave it to me. I was taken up myself. I mentioned Bunbury's name immediately Poyle questioned me.

JAMES BOWLES . I am a waiter at Mr. Thompson's hotel. The prisoner was servant to a lady at the house; while he was there I missed the whole of this plate, at different times; the first articles were missed about a week after Mrs. Churchill came, they were eight tea-spoons; I have since seen them. The next thing I missed was twelve desert spoons and two table spoons, and the last was thirteen table forks. The prisoner had access to the plate. I often saw him in the room where it was - he used to help to wash up the tea things.

WILLIAM COATES . I am a constable. I and Sellers asked Leary where he got the plate - he said he could find the man he took it of - he took us to Mr. Thompson's - they said Bunbury was not at home, but in three or four minutes I saw him put his head out of the street door - Leary said, "That is him." I took him. He said he could prove he bought the spoons in Ireland - he said he sent Leary with them.

WILLIAM SELLERS . I am a constable. I produce the forks and spoons, which I got from Poyle.

(Property produced and sworn to.)

GUILTY . Aged 30.

Of stealing to the value of 39 s. only.

Transported for Seven Years .

First Middlesex Jury, before Mr. Justice Richardson.

Reference Number: t18210912-7

1053. MATILDA MORGAN was indicted for stealing, on the 24th of August , 9 s. in monies numbered, the property of James Marshall Thompson , from his person .

JAMES MARSHALL THOMPSON . On the 24th of August, about nine o'clock at night, I was crossing Cavendish-square , and saw the prisoner leaning by the railings, moaning, as if she was distressed - I asked her what was the matter - she said she wanted air; I said I thought there was sufficient air, and perhaps a little water would be of service. I turned round to look for some person to get some, and the moment I turned she put one hand into my breast, and the other into my pocket, and took my money out, which was loose in my pocket. I had a draft for 33 l. 15 s. there. She turned the corner, and ran off; I followed, got hold of her hand, and she called murder; I kept her hand clenched till the watchman came, he opened her hand, and took 9 s. out. I found the draft remained in my pocket.

RICHARD COATES . I am a constable. I found 9 s. in her hand.

WILLIAM BROWN . I am a watchman. I heard a cry, went up, and saw the prosecutor holding the prisoner's hands. I took her to the watch-house, keeping her hands clenched, and found 9 s. in her hand.

(The prisoner, in her defence, stated the prosecutor gave her the money for improper purposes.)

GUILTY . Aged 47.

Confined Two Years .

First Middlesex Jury, before Mr. Baron Graham .

Reference Number: t18210912-8

1054. DAVID WILLIAMS was indicted for stealing, on the 4th of September , one handkerchief, value 5 s., the goods of James Hook , from his person .

JAMES HOOK . On the 4th of September, about seven o'clock in the evening, I was walking up Owen's-row , with my wife; a person called out that my pocket had been picked, I turned round, and saw the prisoner and another lad running very fast from me; I secured the prisoner - the witness said he was the one who took the handkerchief. I missed it - it was not found. The other escaped.

FRANCES GOODYEAR . I live at No. 9, Owen's-row. I was at our window, and saw Hook and his wife, and saw the prisoner take a handkerchief out of Hook's pocket; I opened the window, and gave an alarm - the boys ran away, he followed them, and brought the prisoner back. I am certain he is the boy. I did not see what became of the handkerchief.

FRANCIS BAKER . I belong to the Custom House. I was at a first-floor window in Owen's-row, and saw two boys in the act of picking Hook's pocket. I did not see the handkerchief taken. I ran out in pursuit - Hook secured the prisoner; I believe him to be the same boy, but I did not see his face.

Prisoner's Defence. I have no father, and my mother turned me out of doors. I had nowhere to go, and did pick the gentleman's pocket, as another boy persuaded me to do it.

GUILTY . Aged 16.

Transported for Seven Years .

First Middlesex Jury, before Mr. Justice Richardson.

Reference Number: t18210912-9

1055. CHARLES PAPWORTH was indicted for stealing, on the 31st of July , 2 s. , the monies of Charles Arnett .

MR. ANDREWS conducted the prosecution.

CHARLES ARNETT . I am a tobacconist , and live in Oxford-road . The prisoner was my porter . On the 31st of July, about twelve o'clock at noon, I marked twelve shillings and four sixpences, and put them in the till, went out, leaving him alone, returned in half an hour, and missed four marked shillings, and one sixpence. I desired to see his money, he produced four or five shillings, and I found two of my marked ones among them. He said he had them a week or ten days. I am confident I had marked them that day. I told him four shillings were gone. He said he gave a customer two in change for a half-a-crown. I never marked money before.

JOHN MINTON . I came into the prosecutor's shop while he was charging the prisoner with the robbery. The prisoner said it was his own. Arnett said he marked it an hour before. The prisoner said he had them in his pocket eight or ten days. I said that was impossible, for the mark was quite fresh.

Prisoner's Defence. My fellow servant paid me the 2 s. on the Sunday before.

GUILTY . Aged 20.

Confined One Year .

First Middlesex Jury, before Mr. Baron Graham .

Reference Number: t18210912-10

1056. CHARLES MARTIN was indicted for stealing, on the 8th of September , one handkerchief, value 8 s., the goods of Thomas Davis , from his person .

THOMAS DAVIS . I am a draper , and live at Southampton. On the 8th of September, about half-past seven o'clock at night, I was in Holborn , near Middle-row, and felt a pull at the skirt of my coat, turned round, and saw my handkerchief in the prisoner's hand. I took it from him, and secured him; he was close to me. He denied it, and afterwards said it was his first offence.

(Property produced and sworn to.)

Prisoner's Defence. It was never in my hands. Some men, passed me, and the gentleman, charged me with it.

GUILTY . Aged 18.

Recommended to Mercy.

Transported for Seven Years .

First Middlesex Jury, before Mr. Justice Richardson.

Reference Number: t18210912-11

1057. WILLIAM FIGG was indicted for stealing, on the 12th of August , three shirts, value 24 s., and one handkerchief, value 9 d. , the goods of George Applebee .

GEORGE APPLEBEE . I lodge in the same room as the prisoner at Swan's, in Nettleton-court, Aldersgate-street . went out on Friday morning, and left these things, in my box. About a week after I missed this property.

CATHERINE SWAN . I keep the house; the prisoner lodged in the same room as Applebee. He was in bed on Friday morning when Applebee went out. He left on the Sunday, without paying.

JOHN WHALES . I am an officer of Marlbrough-street. On the 28th of August I searched the prisoner, at Tothill-fields prison, where he was committed for being disorderly at Knightsbridge barracks, and on his back I found a shirt and neck-handkerchief. I also found the duplicate of another shirt, on him.

JOHN FRAZIER . I am shopman to Mr. Bartrum, pawnbroker, Princes-street, Soho. The duplicate found on the prisoner, is for a shirt, pawned on the 16th of August I do not remember who pawned it.

JAMES HEARN . I am an officer. Mrs. Swan applied to me to search the prisoner, a handkerchief was taken off his neck at the office.

(Property produced and sworn to.)

GUILTY . Aged 22.

Transported for Seven Years .

First Middlesex Jury, before Mr. Justice Richardson.

Reference Number: t18210912-12

1058. SAMUEL WILSON was indicted for stealing, on the 10th of September , one handkerchief, value 2 s., the goods of Charles Simpson Hanson , from his person .

CHARLES SIMPSON HANSON . I live at Woodford, in Essex. On the 10th of September, between one and two o'clock in the day, I was at the top of Fish-street-hill , looking at the ruins of the fire, my handkerchief was safe ten minutes before; a constable came up, and I missed it; he had hold of the prisoner, and produced it - I saw him take it from the prisoner.

JOSEPH BATTING . I am a Bow-street patrol. I was near the fire, and saw the prisoner take a handkerchief out of Mr. Hanson's pocket; I seized him, and told Mr. Hanson - I took him to the Mansion-house, and saw it taken from his breeches.

WILLIAM DRINKWATER . I am a constable. The prisoner was brought to the Mansion-house, and I took the handkerchief out of his breeches.

(Property produced and sworn to.)

GUILTY . Aged 16.

Transported for Life .

London Jury, before Mr. Common Sergeant.

Reference Number: t18210912-13

1059. HANNAH READING was indicted for stealing, on the 4th of August , twenty-two yards of calico, value 9 s. , the goods of William Gregory .

WILLIAM GREGORY . I am a linen-draper , and live in Aldersgate-street . About four o'clock in the afternoon of the 4th of August, the prisoner came in with another woman, and asked to look at some prints. I took them down one by one, they both looked at them, and while I was reaching down a pice, the prisoner turned round. My boy gave me information, I detained her, and sent for an officer. While the boy was gone for him, she entreated me to let her go, and put down about 10 s., I caught a piece of calico, as it fell from under her whittle, - it measured twenty-two yards, and was worth 9 s.,

GEORGE HIND PALMER . I am servant to Mr. Gregory. The prisoner came in with a woman, and asked to look at some prints, which my master showed her. I saw her turn round, and take a piece of calico, from one of the shelves. I told my master - he detained her. She offered him about 10 s. 6 d., to let her go. Her companion did not leave till after it was stolen.

JOHN CLINTON . I am an officer. I took charge of her. She said if I said nothing about where she came from, I might keep the 10 s. 6 d.,

(Property produced and sworn to.)

GUILTY . Aged 17.

Transported for Seven Years .

London Jury, before Mr. Common Sergeant.

Reference Number: t18210912-14

1060 JOHN ROWLAND was indicted for stealing, on the 6th of August , one pair of pantaloons, value 1 l. , the goods of Charles Dean .

CHARLES DEAN . I am a tailor , and live in Finch-lane . The prisoner was my out door apprentice . The pantaloons were taken from the cutting-board on the 6th of August; I saw them safe about three o'clock, and missed them about six.

JOHN ROSE . I am servant to Mr. Jones, a pawnbroker, of Blackfriars-road. The prisoner pawned the pantaloons for 3 s., on the 6th of August, between six and seven o'clock in the evening, I knew him before.

(Property produced and sworn to.)

Prisoner. It is my first offence.

GUILTY . Aged 19.

Whipped and Discharged .

London Jury, before Mr. Common Sergeant.

Reference Number: t18210912-15

1061. JOSEPH PHILLIPS was indicted for feloniously assaulting John West , on the King's highway, on the 14th of July , and taking from his person, and against his will, three seals, value 30 s., and part of a chain, value 30 s., his property .

JOHN WEST . I am commodore in the East India Company's service , and live in Somerset-place, Finsbury-square. On the 14th of July, about half-past nine o'clock in the evening, I was in Sun-street , going home quite sober, and at the corner of a coachmakers, where there is a passage leading to Lamb-alley, the prisoner and two more met me, the one on my right, lifted up my waistcoat, and seized my watch chain and seals, and snatched them from my fob. The chain broke. There were three gold seals attached to it. He got them before I could attempt to save them, and ran down Lamb-alley. The second man crossed me to prevent my pursuing him, but as soon as I could recover myself, I followed. The prisoner kept following me, and tapping me on the shoulder, and asking what was the matter. I am certain he was one of the three. When I found the two were too strong for me to take them; I turned round and seized him by the collar, and he instantly began to strike me, as hard as he could. I told him to strike on, as he could not be in better hands then - there were three thieves, and I seized him as one of them. He was close to me when the man took them, and did not attempt to hinder the man. He struck me four or five times. I kept hold, and dragged him out of the alley, into the Ship, public-house. The constable came in, and took him; we were obliged to handcuff him. I should know the other men again if I saw them. I never lost sight of the prisoner, nobody was near, but those three. There was a good light in the alley.

Cross-examined by MR. ADOLPHUS. Q. Was it moonlight or dark - A. It was lightish, there was a strong gas light, I do not know whether it was moon-light; the men came up in a line, or half-circle - the prisoner was the outside one, next the kennel - the one who took the seals was outside, next the passage, it was done suddenly; I did not see them half a minute before.

Q. Have you not charged a man as one of the other two, who turned out not so - A. No; I fixed on a man, supposed to be in their company, but not as one of the three. I saw him in a public-house, and thought he might be the means of leading me to find the others, as I understood had been with them, at the Three Tuns. I believe his name was Higginbotham; the watch-house keeper said he was a housekeeper, and discharged him.

THOMAS RILEY . I am a constable. The prisoner was brought to the watch-house by West and the patrol. I found nothing on him - he denied the charge.

Prisoner's Defence. I know nothing of it. I was merely passing by, and asked the gentleman what was the matter.

NOT GUILTY .

London Jury, before Mr. Common Sergeant.

Reference Number: t18210912-16

1062. JAMES DACEY was indicted for feloniously assaulting Samuel Lyndall , on the King's highway, on the 12th of August , putting him in fear, and taking from his person, and against his will, one watch, value 16 l. 16 s.; one seal, value 1 l. 1 s.; one key, value 1 s., and one ribbon, value 6 d., his property .

REVEREND SAMUEL LYNDALL . I am a Dissenting Minister . On the 19th of August, about eight o'clock in the evening, I was coming down Bishopsgate-street , on my way home; a little below the church, on my right hand, I was suddenly stopped by the prisoner, who gave me a gentle push on the abdomen, and instantly snatched out my watch. I think the push was to withdraw my attention, and not to injure my person. The watch was gold, and worth 16 l. 16 s. He instantly ran up Catherine-wheel-alley, and I after him; the moment I called Stop thief! the officer was at the end of the alley, and secured him, without my losing sight of him. My watch was not

found. I am certain he is the person - there was a gang of them.

WILLIAM TYRRILL . I am beadle of Bishopsgate. I was in Catherine-wheel-alley, and heard the cry of Stop thief! I placed myself across the passage, which is narrow, and the prisoner ran violently up the alley; I stopped him, the prosecutor came up instantly, and charged him with stealing his watch. I did not see the transaction, I only heard the scuffle. The prisoner said three others thrust him into the alley, and he was not the thief. I asked him why he ran away - he made no answer. I found nothing on him.

Prisoner's Defence. I was going by, three men laid hold of me, and shoved me up the alley - two ran down the alley, I ran after them to know why they did it, and the gentleman took hold of me.

WILLIAM TYRRELL re-examined. Nobody could run up the alley without my seeing them.

GUILTY . Aged 16.

Of stealing from the person, but not with force and violence.

Transported for Life .

London Jury, before Mr. Common Sergeant.

Reference Number: t18210912-17

1063. JAMES CLIFFORD was indicted for stealing, on the 11th of August , one handkerchief, value 2 s., the goods of a certain man unknown , from his person .

WILLIAM BRADING . I live with Mr. Paley, at No. 76, Holborn-bridge. On Friday, the 11th of August, between four and five o'clock in the afternoon, I was going from my master's house down Newgate-street, and saw the prisoner, in company with another person; they followed me at some distance, then went before me, and crossed the way - I suspected, and watched them; they followed a gentleman, who was going towards Cheapside; they looked about them, and then left him. Another gentleman came down the street, going towards Skinner-street - they turned, and followed him; he went down Butcherhall-lane, they left him, went towards Cheapside, and followed another gentleman, and as I crossed into Cheapside I got near to them; I saw the prisoner stoop, and take a handkerchief out of a gentleman's pocket - he was crossing the road, putting it into his breeches, and I went after him, and told him what he had done - he denied it. I seized him, and took him into Crawford's shop, undid his breeches, and took it out. I ran, but could not find the gentleman. I do not know who he was. I have seen the prisoner's companion since.

(Property produced and sworn to.)

THOMAS HERDSFIELD . I am a constable. I took charge of the prisoner in Crawford's shop.

Prisoner's Defence. I had left my master in St. Ann's-lane, and came to Newgate-street, to look for my sister; I could not find her, returned towards Cheapside, and two young men, taller than myself, dropped the handkerchief. I picked it up, called after them, then blew my nose with it, and put it into my breeches.

GUILTY . Aged 19.

Transported for Seven Years .

London Jury, before Mr. Common Sergeant.

Reference Number: t18210912-18

1064. JAMES BIGGS was indicted for stealing, on the 31st of August , one watch, value 5 l.; two seals, value 3 l.; one key, value 6 d., and one ribbon, value 6 d., the goods of Christopher Chrishop , from his person .

CHRISTOPHER CHRISHOP . I am an attorney , and live in Child's-place, Fleet-street. On Friday evening, the 31st of August, about twenty minutes before nine o'clock, I was at the corner of Johnson's-court, Fleet-street , and saw the prisoner standing at the corner of the court, he stepped up to me, put one hand against my breast, and drew out my watch. It was a gold watch, and two gold seals; he ran up the court. I pursued calling Stop thief! a person crossed me, which stopped me a little, but I continued the pursuit, still crying Stop thief! and in Gough-square he was stopped. I am certain he is the man. My watch was not found. I only lost sight of him for a moment

JAMES BECKERTON . I am a basket maker, and live in Johnson's-court. I heard the cry of Stop thief! ran down stairs, and heard footsteps running towards Gough-square. I got into the square and the prisoner was stopped. He said I am no thief! I have plenty of money, without thieving. He put his hand in his pocket, and pulled out a handful of silver, and at that moment the prosecutor came up, and said

"That is the man who robbed me of my watch."

Prisoner's Defence. I was walking home, across the square, three or four ran by me, and one charged me with stealing a watch. I stopped immediately.

GUILTY . Aged 21.

Transported for Life .

London Jury, before Mr. Common Sergeant.

Reference Number: t18210912-19

1065. MARY STEVENS was indicted for stealing, on the 6th of July , two shirts, value 9 s.; four neck-handkerchiefs, value 12 s.; two shifts, value 5 s., and two pair of stockings, value 5 s. , the goods of William Babb .

ANN BABB . I am the wife of William Babb , who lives at No. 7, Ingram-court . On the 3d or 4th of July, the prisoner came to my house. She had worked for me at times. The shirts and handkerchiefs were in a box, up three pair of stairs; the other things were on the second floor. She was in the house five days. On Tuesday, as I suspected her, I looked in her basket, found a gentleman's shirt, and silk handkerchief. I called her down, and asked what she had been at; she said

"Pray do not say anything about it." I told her to leave my house, and on the Sunday following I missed these things; I went to her lodgings, and gave her in charge. They belong to my lodgers, but I am accountable for them.

WILLIAM BUXTON . I am a constable. I took the prisoner in James-street, Lambeth. I told her she had taken two shirts from Babb's. She denied it. I searched her room, and in the bed I found a night shirt, with the sleeves cut out, and a duplicate of a shirt and a book. I took it out of pawn at Cameron and Co's.

(Property produced and sworn to.)

Prisoner's Defence. Babb gave them to me to enlarge for her husband. Whether you give me seven or fourteen years, or hang me, I will speak the truth. She said she was embarrased, and asked me to assist in moving her furniture; I agreed, but in a few days, I thought it improper, and told her I declined it, but took an oath not to

divulge it. She said she would serve me out. I said I depended on my needle, and hoped she would not injure my character. I saw no more of her till she took me in custody.

NOT GUILTY .

London Jury, before Mr. Common Sergeant.

Reference Number: t18210912-20

SECOND DAY, THURSDAY, SEPTEMBER 13.

1066. DAVID SMITH was indicted for stealing, on the 23d of July , one key, value 1 d., and nine sovereigns, the property of Moses Sampson , from his person .

MOSES SAMPSON . I am a clerk to a merchant at Yarmouth. On the 23d of July, between twelve and one o'clock at noon, I was on the platform leading to Westminster-hall , I suddenly felt something at my right-hand breeches pocket, which I knew was buttoned before, I felt and found nine sovereigns and a key gone. I had put ten sovereigns and the key of my apartment, and my watch key there a few minutes before. On turning round, I saw two sovereigns and the key of my apartment laying at my foot, I picked them up, and called out

"Stand your ground, here is a pickpocket" - it was impossible any body could move. I turned and seized the prisoner, who appeared to be putting something into his right-hand pocket. I seized his right hand, which was strongly clenched, and tried to open it, but could not; when we got off the platform, he opened it, and nothing was found in it - he was taken to Queen-square.

BENJAMIN GINN . I am a surveyor, and live in Sussex. I was on the platform, standing by Mr. Sampson. I heard him say there was a pickpocket; the prisoner stood directly behind him - next to him, and I was next to the prisoner; nobody was near enough to rob him but the prisoner and myself; the prosecutor picked up two sovereigns and seized the prisoner - he seemed much agitated, and I suspected he was the person. I laid hold of him, he endeavoured to keep his hand down, the prosecutor tried to get it up, and I asked why he did not open his hand; he said, he did not know but we were going to rob him; this we said after we got him through the crowd; we took him to a public-house, the constable searched him, and took from his breeches-pocket two sovereigns, two half crowns, and 1 d.

RICHARD MONDAY . I am a constable. I was at the platform, and heard a cry of pickpocket, and found the prosecutor holding the prisoner; upon searching him at the public-house, I found two sovereigns in his right-hand breeches pocket, and some silver. I saw a letter in the possession of Dew. The prisoner told me he got his fellow prisoner to write this letter for him.

CHARLES DEW . I took this letter from a fellow prisoner of his.

(read)

To Mr. Moses, Black Lion, Petticoat-lane, to be forwarded to Ikey Soloman.

Ikey Soloman, I will thank you to come to me immediately; David Williams is remanded till seven o'clock this evening, for want of some respectable person to come to speak for me. I told the Magistrate I had been at work for Mr. Hughes, No. 19, Perceval-street, Goswell-street-road, for five years; he asked what I worked at, I told him at a plaisterers, from whom I had 2 l. a week. You must bring some one up to speak for me, and say you gave me the two sovereigns last Saturday night, and say your name is Mr. Hughes, and that you live in Perceval-street, and I shall be discharged. I will pay all expences I was taken for robbing a man of ten sovereigns. I gave my name David Smith - I am at Queen-square.

Prisoner's Defence. I was behind the gentleman - he said his pocket was picked. I put my hand in my pocket to secure my own money, and held it in my hand; he took hold of my hand and tried to take it from me, I would not let him - I said,

"Gentlemen, I have 2 l. and two half crowns."

GUILTY . Aged 21.

Transported for Life .

Second Middlesex Jury, before Mr. Common Sergeant.

Reference Number: t18210912-21

1067. JOHN BONE and BENJAMIN BONE were indicted for that they, on the 20th of August in and upon James Austin , a subject of the King, feloniously, wilfully, maliciously, and unlawfully, did make an assault, and with a certain sharp instrument, did strike and cut him in and upon his right arm, with intent to kill and murder him .

SECOND COUNT, stating their intent to be to disable him, or do him some grievous bodily harm.

JAMES AUSTIN . I am a labourer and live at South Mimms. On the 20th of August, I was at the Robin Hood, public-house, Potter's Bar , drinking there with some friends, the prisoners were there also, drinking - we were all in the tap-room together; we had a few words about paying for the beer - the dispute was between the servant girl and John Bone ; he took up a sickle in his hand, which laid by the wash-house door; the servant girl refused to let him go without paying for his beer; he threatened to cut the girl, and I went to take the sickle from him, which he had in his hand swinging it about; he said, if I did not stand off he would cut me. I insisted on taking it from him, and he cut my arm with it; he aimed a blow at me, I held up my right arm to stop it, and the point of the sickle went into my arm.

Q. Did it go deep into your arm - A. Yes, it bled very much indeed; the people took me into the town, and fetched the doctor. My arm is better now, but I cannot move three of my fingers. Benjamin Bone did nothing; I have nothing to say against him.

Cross-examined by MR. BRODERICK. Q. He took up his sickle to go to work - A. He had no work to go to, he was in search of work. I had had some words with him two hours before in the house, about a warrant which he had against me two years ago. I did not say I would serve him out - he said he would serve me out; we had blows in the house before this happened.

Q. When you went up to him you struck him - A. No. I could not get near to him for the sickle; he went out, and was going away, I ran after him to take the sickle from him - he made a blow, I held my arm up to keep the sickle off, and it cut me on my wrist. I did not strike him; I lifted my arm up to keep the sickle off.

Q. Did you never say you was satisfied Bone never

meant to hurt you, and you gave the first offence - A. No, they wanted me to say so.

ANN HAWKINS . I was servant at the Robin Hood, public-house. I had a dispute with John Bone about paying for some beer; he came from the wash-house door with the sickle in his hand, and swore he would cut my head open if I did not get out of the way - he wanted to go out, and I tried to prevent him; he went out, and the prosecutor followed directly, and tried to get the sickle away. Benjamin Bone stood by and said to his brother, "Clip away," and no sooner was the word spoke, but the blow followed; John Bone struck at Austin, and hit him on his right arm, the point of the sickle went into his arm - it was a long cut; the constable took him directly - Austin was taken into the house and his arm dressed.

Q. Before Austin received the wound, how was his hand placed - A. His arm was up. I did not see his fist clenched. Benjamin Bone said, "Clip away, Clip away" - I am sure he said so. Austin lifted his arm up trying to get the sickle away - I did not see him lay hold of it. Bone held it up, and then made a blow. I did not see Austin take hold of his arm.

Cross-examined. Q. Were they much in liquor - A. Only a little. Bone wanted to leave without paying - I endeavoured to prevent him; he had taken his sickle to go out, Austin went after him; they were twenty yards from the door when Austin went up to him. His words were "Clip away," not keep away - I may be mistaken.

MARTHA DELLOW . I keep the Robin Hood, public-house, the prisoners and prosecutor were at my house. I heard a dispute between my servant and Bone about the reckoning. I saw John Bone , he came from the blacksmith's shop close to our door, swinging the sickle about. Austin went up to him (as I suppose) to try to get it away; John Bone told him to be off twice. I heard Benjamin Bone say

"Clip away, clip away;" but there were more men fighting, and I do not think he spoke to his brother, but to the others. I went in doors and saw no more.

NOT GUILTY .

Second Middlesex Jury, before Mr. Baron Graham .

Reference Number: t18210912-22

1068. ANN DAVIS was indicted for that she, on the 6th of August , at St. Mary, Islington , feloniously did dispose of and put away a forged and counterfeit Bank note, well knowing it to be forged and counterfeit, (No. 70410, 1 l. dated February 20th, 1821, signed J. Lambert) with intent to defraud the Governor and Company of the Bank of England .

SECOND COUNT the same as the first, only calling it a promissory note for payment of money.

TWO OTHER COUNTS the same, only stating the prisoner's intention to be to defraud John Newman .

MATTHEW BLOOMFIELD . I am shopman to Mr. John Newman , a grocer , who lives in Church-row, Islington . Between three and four o'clock on Saturday afternoon, the 4th of August, the prisoner came to the shop and asked for 1/4 lb. of 8 s. tea, 1 lb. of 1 s. lump sugar, and 1/4 lb. 4 s. coffee; she produced a 1 l. Bank note. I took it in my hand, rather suspected it while I was looking at it; another customer came in, I laid the note down on the counter, and put a brass weight on it, and after waiting on the customer, I took it up again and inspected it - I did not like it, but gave her the change, 16 s., and sent her out of the shop. Before I gave the change, I asked her what address I should put on it, she said, "Roberts, Hart-street, Covent-garden," but if you do not like to put that, you can put "Mr. Norton, No. 16, Cross-street," that is where I am, and she recommended me here for tea and sugar. I put down "Mr. Roberts, Hart-street," in full, and underneath, "No. 16, Cross-street," with the date. I generally put Mr. on the note, she did not say either Mr. or Mrs. I wrote this before I gave her the change. I told my boy to follow her to Cross-street, and if she did not go there, to follow and see where she went - he followed her. I watched, and saw her go into the church-yard, which was the way to Cross-street - the boy is not here; in about ten minutes he returned - I have the note here. I carried it to the Bank on the Tuesday following, the 7th of August, and left it there with Mr. Fish. I saw her again the Monday following, the 6th of August. Between three and four o'clock, Sarah Leach came into my shop and said, "I want two ounces of tea, and 2 lbs. of sugar, but I want change for a note." I said, "I can't give change, my good woman, but will you allow me to look at the note;" she gave the note into my hand. I suspected it, and could almost take my oath that it came off the same plate as that I took on Saturday. I asked who the grocery was for, she said, she did not know the person, but it was a person who came to Cross-street, where she lived, and asked her to go and get the grocery, and change for a note. I asked her if she should know the dress of the person who sent her; she said, Yes. I described the dress, and it answered my description. I said, "I am doubtful of the note being good, I will get an officer and take this woman on suspicion of uttering forged notes." I told her to wait till I returned; I went to Mr. Post, a neighbour, and asked his opinion, and then went and got the officer and returned, found Leach still there. We all three went into Cross-street - the prisoner was gone from there. I left word with the woman of the house, if she came back, to detain her. I was standing in my shop about two hours after, and saw the prisoner go by on the other side of the way, and directly I went up to her I knew her, got an officer and gave her in charge. I put the note that Leach presented to me in my pocket, and kept it in my possession till I went to the Bank next day. I then gave it to Mr. Fish, and marked it in his presence - it was never out of my possession till I marked it. I enquired at Hart-street, Covent-garden, but could find no such person as Roberts, neither Mr. nor Mrs. - I enquired at every house.

Q. While you were consulting your neighbour, was the note out of your possession then, or at any other time - A. Only two minutes, while Mr. Post's young man took it into his counting-house, but I know he returned the same note, by the signature of Lambert, and by its being cut about so.

SARAH LEACH . I live at Cross-street, Islington; my husband is a labourer. On Monday, the 6th of August, I saw the prisoner down stairs in the parlour, talking to Mrs. Norton, the landlady. I had seen her there on the Saturday, sitting there, talking - she did not lodge there. On Monday, I heard her talking to Mrs. Norton, asking her to get change for a note - she said she would not.

I was up stairs, I went down and said, if it was a good one, I would go; she said I might depend on it, it was a good one, and gave it me; she told me to get two ounces of tea and 2 lbs. of sugar, and she would give me some of it for going. I went to Newman's, and asked Bloomfield for it, and told him a person was waiting for it, he asked how she was dressed - I told him, and gave him the note, and waited till he came back from enquiring. We then went with the constable to Cross-street, the prisoner was gone - I had been gone about half an hour; I saw her again in about an hour and a half; a little girl came from her with a message to me, saying that she was coming again next day. I went with the girl to the bottom of Cross-street, and found her in the street, talking to a boy, about 100 yards from the house. I went up to her and said, "You are the person I want, you must go with me to the grocer's to clear me, that you gave me the note;" she said, "Dont hurt me." I said, "I don't want to hurt you;" she went with me and the boy; I met Bloomfield by the church-yard, and he took her - she was no acquaintance of Norton's that I know of.

WILLIAM LACK . I am an officer. I took the prisoner in charge.

ROBERT FISH . I am an inspector of the Bank, and have been so eleven years. I have been in the Bank twenty-four years, I am well acquainted with the signatures of all the clerks. I produce two notes given me by Bloomfield; one is indorsed "Mr. Roberts, Hart-street, Covent-garden; No. 16, Cross-street;" it is forged in every respect, paper, plate and signature - both are forged in every respect, and are of the same plate. One is signed W. Collyer, who has been dead some years; the other, Lambert, who has not been authorized to sign 1 l. notes for some time - (read).

Prisoner's Defence. (written) I, Ann Davis , am a poor friendless woman; I have no friends within 200 miles, and throw myself on the mercy of a good God, just Judge and Jury. I declare I did not know the note was bad, for I can neither read nor write. I dealt in left-off wearing apparel, and took it in the way of business. I hope for mercy.

MATTHEW BLOOMFIED . I parted with no goods for this note.

GUILTY . - DEATH . Aged 60.

Strongly Recommended to mercy.

Second Middlesex Jury, before Mr. Justice Richardson.

Reference Number: t18210912-23

1069. JOSHUA ROWBOTTOM was indicted for feloniously breaking and entering the dwelling-house of Joseph Horcutt , about ten o'clock in the forenoon, on the 13th of August , at Stanwell , (no person being therein) and stealing therein, one coat, value 12 s.; two shirts, value 6 s.; one pair of stockings, value 1 s.; two pair of shoes, value 10 s.; one gown, value 8 s.; one spencer, value 5 s; two shifts, value 8 s.; one shawl, value 6 s., and six handkerchiefs, value 6 s., his property .

JOSEPH HORCUTT . I live at Stanwell. I have a dwelling-house there. On the 13th of August, about eight o'clock in the morning, I left the house. I was sent for out of the fields, after the robbery, and went through Colebrook. I got Lee, the horse patrol, and overtook the prisoner near the Swan Inn, at Salt-hill; he had my coat and shirt on his back, and my shoes on, and two bundles, which Lee took from him.

SARAH HORCUTT . I am the wife of the last witness. I left the house about ten o'clock in the morning, the doors and windows were fast. I hid the key of my door in a place where we always put it. I left nobody in the house; every thing was then quite safe. I returned about one o'clock, and found the window broken open; a pane of glass was broken in the front window by the asp, it was then opened by putting in the hand. I missed the articles stared in the indictment, which are worth above 40 s. I saw every thing safe before I went out - my husband came home soon after; there was a table against the window, and the poker laid on it.

STEPHEN LEE . I apprehended the prisoner with the things on. I took two bundles from him.

(Property produced and sworn to.)

GUILTY . - DEATH . Aged 23.

Second Middlesex Jury, before Mr. Baron Graham .

Reference Number: t18210912-24

1070. BENJAMIN MORGAN was indicted for burglariously breaking and entering the dwelling-house of William Smith , about one o'clock in the night of the 10th of September , at St. Andrew, Holborn , with intent to steal, and stealing therein, three tea-kettles, value 1 l.; one coal scuttle, value 9 s., and one spoon, value 1 s., his property .

WILLIAM SMITH . I live in Brownlow-street , in the parish of St. Andrew, Holborn. On the evening of the 10th of September, I had gone out about six o'clock, and returned about half-past twelve. I saw the servant fasten the street door after letting me in. I went immediately to bed, and heard her go to bed, and shut the door; there are two bolts, a chain, and catch-latch to the door - I cannot say whether it was locked. I had been in bed a very short time, when I heard a noise resembling the shutting of my street door; I sat up, listened, and not hearing any more, took no further notice, and went to sleep. About seven o'clock in the morning, the servant awoke me - in consequence of what she said, I went down stairs and found the street door on the latch, without any other fastening, and the kitchen window wide open; there is a small area in front of each window, and one of the gratings had been worn away, and broke off the end, for about a month, but I did not conceive the opening large enough to admit a man through. I missed three copper kettles, a coal skuttle, and a plated gravy spoon. About ten o'clock the officer called on me, and I accompanied him to Bow-street, and found my property, and the prisoner in custody; there was no violence done to the door, it must have been opened inside. I had not noticed the kitchen window on the night before - the opening between the bars and the wall, is ten or twelve inche wide one way, and about two feet the other.

ELIZA GRAVES . I am servant to the last witness. I let him in about one o'clock on the night of the 10th of September, and went to bed five minutes after. I bolted the door and chained it - I did not turn the key. I left the kitchen window shut and perfectly safe - the sash was closed, there was no fastening to the sash. I was

the last who went to bed. I heard a noise about ten minutes after I got to bed, but thought it was something in the street. I got up first, about seven o'clock in the morning; I found the drawers open, and missed a plated spoon, the window sash was thrown up, and the curtain drawn aside, part of the brick-work by the railing was broken down - it was not so the night before, it appeared to be done by the man's foot - there was brick dust about. I missed the scuttle and tea-kettles, which were in the house the night before. I went to the watch-house the next morning and found them.

GEORGE AVIS . I am a Bow-street patrol. I was returning from St. Giles's a little past one o'clock last Tuesday morning, the 10th of September, and met the prisoner within a door or two of the Blue Boar Inn, Holborn, nearly opposite Red Lion-street, with three copper tea-kettles in one hand, and a coal scuttle in the other. I asked what he had there; he said, his own property. I said I was an officer, and must know where he brought it from; he said, from his own place, Fox-court, Gray's Inn-lane, and was going to take it to his brother, as he expected to be seized on in the morning. I said it was an unseasonable hour, and he must go to the watch-house to satisfy me. In going along, he begged me to let him go, I refused, and took him to the watch-house in Eagle-street, and found the gravy-spoon in his left breast pocket. I asked his name and residence; he said he lived where he could. In the morning I told him I had found the owner out; he said, he might as well tell the truth, and that he got them from a house in Brownlow-street, that he got through the broken railing, and came out at the street door.

(Property produced and sworn to.)

Prisoner. I throw myself on the mercy of the Court.

GUILTY . - DEATH . Aged 27.

Recommended to Mercy.

Second Middlesex Jury, before Mr. Justice Richardson.

Reference Number: t18210912-25

1071. MARY UNDERWOOD was indicted for feloniously assaulting William Carpenter , on the King's highway, on the 28th of July , taking from his person and against his will, 3 l., in monies numbered, his property .

WILLIAM CARPENTER . I am a Greenwich pensioner . I had a paralytic stroke five years ago. On the 28th of July, between four and five o'clock in the afternoon, I was in Whitechapel , close to Catherine-wheel-alley, and saw the prisoner in company with several women. They hustled me into a house there, there was nobody in the house. There were about four women together. One took me by the collar, struck me in the eye, and scratched my face, and the other two laid hold of my lame side - the prisoner took me by the shoulder with one hand, and with the other laid hold of my breeches, and said "Let us serve him out," using a very bad expression. They then all set on me, and in a few minutes got my money - some of it dropped on the floor; they began to scramble and pick it up - my pocket was torn in the scuffle. The prisoner was the last that I saw snatch at my pocket. I saw one of my crown-pieces, and some shillings and sixpences, on the floor. I had about 3 l., in my pocket consisting of one sovereign, two crowns, and the rest half-crowns, shillings, and sixpences. As soon as they got the money, they all ran out of doors immediately. In about ten minutes the prisoner returned to the house, and seeing me there began to pity me; she wanted to wipe my face, with her apron, but I refused to let her, and said she had done too much already; she then went away, smiling, and I saw her no more, till she was taken, the same night. I stated the case to my brother-in-law, we got an officer at Worship-street, and took him to the house, we found nobody there then; while he was making enquiry, two or three women came in and the prisoner with them, and I gave her in charge. I will swear she is the woman. I had only drank a pint of beer and a glass of peppermint. I received the money at the Dock-yard, that morning.

JAMES LAZARUS . I am the brother-in-law of the last witness. On the 28th of July he came to me, and shewed me the house - in a few minutes the prisoner and another came in - he said "That is the one who seized me by the side." She denied having been there that day, and said she had been out at work, for fourpence, to get her shift out of pawn. Gregory, an officer, asked her where she had been to work. She said next door, just round the corner. He said he would go and see, he returned and took her. She said she only came in after the robbery to wipe his face.

BARNARD GLEED . I am an officer. I went to apprehend the prisoner, she came into the house - he directly said she was the woman who had robbed him. I also took another woman; who was there. She was discharged, on the Monday following. I found no money on her.

Prisoner's Defence. I was out of a situation, a person came and asked me to assist in cleaning a house - I went in, the man came and gave me in charge.

NOT GUILTY .

Second Middlesex Jury, before Mr. Baron Graham .

Reference Number: t18210912-26

1072. JOHN HEWITT was indicted for stealing, on the 3d of July , in the dwelling-house of Robert Glover , six 1 l., Bank notes, his property .

ROBERT GLOVER . I keep a chandler's shop in Holywell-lane, Shoreditch , and rent the house. The prisoner came on the 30th of March, 1820, to lodge with me, and remained there till the 3d of July, 1820; on that day, he came into tea at the usual time, then went out almost directly - I was serving at the counter, while he was at his tea, and turning my eye to the parlour, I saw the tea caddy moved from one end of the table to the other; I saw his hand drawn from it. He went out directly, and said he should be back in an hour; but he never returned. His clothes are at my house now. About a quarter of an hour after he was gone I went to put the caddy in its place again, and six 1 l., notes were gone - there was 20 s., in silver, which remained. I saw them safe half an hour before he came in, and I had just put it together to pay my rent. I sent to Worship-street, his master sent the word, where he was to be found, and an officer of Queen-square, took him in Great Peter-street, on the 27th of July last. I had not seen him for twelve months, nobody was in the room but him. He slept there with me.

Prisoner. Q. How long after the robbery, did you write to my wife - A. The second day, I received an answer, and wrote again; another answer came, but I did not take it in.

THOMAS PACE . I am a constable. I apprehended the prisoner at Westminster, on the 27th of July, and asked if he knew Glover, of Holywell-lane. He said he had not seen him since he lodged with him.

Prisoner's Defence. I wish two letters to be read, which I received from the prosecutor. My master and I had a few words about the price of work, he said he could give me no more - I left him, I went to Lambeth, to see for work, and wrote to the prosecutor to say I had left, and went into the country, to my wife, that man sent me two letters, which I answered, telling him I never had the 6 l., but he might sell my clothes for what I owed him.

(Four letter were here put in and read, two from the prosecutor to the prisoner's wife, and two from the prisoner, denying the charge, and stating, that he was to be found at Amersham, Berks. and was ready to answer the charge.)

HENRY HARVEY . I am a chair-maker, and live in Holywell-lane. The prisoner worked for me, till the 3d of July, when we had a little disagreement, about the price of work, he finished what he was about, and left. I never found him dishonest, he wrote to me to say he never wronged Glover. The prosecutor came to me on the Wednesday, and said he did not miss the money till then.

ROBERT GLOVER . I missed the money a quarter of an hour after he went - I told Harvey of it two days after, but told him I missed it directly. I wrote to his wife on the Thursday or Friday after.

NOT GUILTY .

Second Middlesex Jury, before Mr. Justice Richardson.

Reference Number: t18210912-27

1073. WILLIAM HENNAN was indicted for stealing, on the 18th of August , two bed-gowns, value 18 d.; two frocks, value 18 d.; one pillow-case, value 9 d.; one handkerchief, value 1 d.; one petticoat, value 4 d., and one shift, value 1 d. , the goods of John Bartlett .

ELIZABETH BARTLETT . I am the wife of John Bartlett ; we live at Bethnal-green . On the 18th of August, I was up stairs all the afternoon, these things were on the table in the front room - the door was shut too, but not fastened. I came down about six o'clock, and missed them. The children were playing at the door all the afternoon.

WILLIAM BASTINGS . I am a boot and shoemaker, and live in Wheeler-street, Spitalfields. On 18th of August, between five and six o'clock in the afternoon, the prisoner came and offered for sale a bed-gown and frock. I did not buy them - he put them into my wife's hands. I gave them to Beavis.

BENJAMIN BEAVIS . I am a constable. I was sent for, and apprehended the prisoner. I found all the things on him, except the gown and frock, which Basting gave me.

(Property produced and sworn to.)

Prisoner. I throw myself on the mercy of the Court.

GUILTY . Aged 45.

Transported for Seven Years .

Second Middlesex Jury, before Mr. Baron Graham .

Reference Number: t18210912-28

1074. JOSEPH DAVIS was indicted for stealing, on the 7th of September , the sum of 1 l. 15 s. in monies numbered , the monies of Thomas Knapp .

THOMAS KNAPP . I am a cheesemonger , and live in James-street, Edgeware-road . On the 7th of September I employed the prisoner for a day's work - I had a brown paper parcel in the back-parlour, on the bureau, containing 17 l. About seven o'clock in the evening he was there, having his tea; I opened it, and took out 15 s. while I was having my own tea, and left it open on the bureau - I was attending the customers in the shop, and he was alone in the back-parlour - I went in, and was going to put the parcel away, and missed a 5 s. piece, and upon counting it, I missed a sovereign and a half sovereign; I sent for a constable, privately, before he came, the prisoner went down stairs into the area - I watched him, and heard him rattling money, as if he was moving it from one pocket to the other. I kept him employed till the constable came. The constable searched, and found the money - one sovereign, a half sovereign, and a 5 s. piece, in his pocket - there was a mark on the half sovereign, by which I knew it; nobody but him could take it. The servant went into the parlour to fetch the tea up, I stood at the parlour door at the time - she could not have taken it.

JOHN LAW . I am a constable. I searched him, and found a sovereign, a half sovereign, and a 5 s. piece, and about 10 s. besides. Knapp identified the half sovereign, and claimed the sovereign and 5 s. piece. The prisoner said he changed a sovereign, and that was part of the change.

Prisoner's Defence. I changed a sovereign at Newgate-market that morning, and another sovereign was paid me. Knapp knew I had money, as I have given him change.

THOMAS KNAPP . I saw him change a sovereign on Saturday.

NOT GUILTY .

Second Middlesex Jury, before Mr. Justice Richardson.

Reference Number: t18210912-29

1075. WILLIAM KNIGHT was indicted for stealing, on the 18th of August , one scarf, value 35 s. , the goods of Eliza Soulby , widow .

MRS. ELIZA SOULBY . I am a widow, and live at No. 4, Savage-gardens . On Saturday, the 18th of August, I saw the scarf safe in the dining-room, and missed it between five and six o'clock in the evening. On the Thursday following I saw it at the Mansion House - the prisoner was in custody; he had come to the house on Wednesday, representing himself in distress, and knocked at the door for assistance; he came again on the Saturday, and again about four o'clock on that day, I saw him in the kitchen - my brother had promised to take him to the West Indies, if his character answered.

ISABELLA WHALE . I live at No. 46, Dean-street, East Smithfield. On the 18th of August, between four and five o'clock in the afternoon, I went to the Golden Anchor, public-house, Lower East Smithfield, for the newspaper, for my father to read; the prisoner came in, and offered the scarf for sale for 2 l. to the landlady. I gave him 29 s. for it. I am sure he is the man - he said he brought it from abroad, and I thought he was steward of a ship. On Wednesday, the 22d, the landlady sent for me, and told me it was stolen. I produced it at the Mansion-house.

PETER MANT . I apprehended him at Mrs. Soulby's. Whale produced the scarf, which the prosecutrix claimed.

(Property produced and sworn to.)

GUILTY . Aged 21.

Transported for Seven Years ,

London Jury, before Mr. Common Sergeant.

Reference Number: t18210912-30

1076. WILLIAM MARTIN was indicted for stealing, on the 5th of September , one box, value 2 s. 6 d.; eight yards of silk, value 2 l.; one poplin dress, value 2 l.; one sarsnet dress, value 1 l. 1 s.; three lace frills, value 12 s.; two petticoats, value 8 s.; two pair of stockings, value 4 s.; one work-box, value 25 s.; one pearl ring, set in gold, value 1 l. 11 s. 6 d.; one garnet ring, set in gold, value 5 s.; one gold ring, value 4 s.; one gold pin, value 8 s.; one garnet necklace, value 8 s.; one neck-chain, value 1 l.; one coral necklace, value 6 s.; two handkerchiefs, value 16 s.; one silver brooch, value 5 s., and two printed bound books, value 5 s., the goods of Mary Ann Robinson , and one hat, value 3 s., the goods of John Street , from his person .

JOHN STREET . I am servant to White and Greenwell, linen-drapers, of Blackfriars-road. On the 5th of September, in the evening, about half-past seven o'clock, I brought a box from Islington, and was going to take it to the Belle Sauvage, directed for "Miss Robinson, Farnham, passenger." In passing through Smithfield , about eight o'clock, about the middle (it was the fair), I was suddenly met and surrounded by a gang; they first took my watch from my fob, but being fastened to the button, they could not get it away, though they held it some minutes. I had also a small basket in my hand, which was beat out of my hand, and my hat was beaten from my head and trod under foot; while I was pushed by the crowd and shoved about, some person took the box from my shoulder, and the gang then dispersed - I could not distinguish any of them. I saw it next day at Hatton-garden - it had not been opened, the prisoner was in custody.

Cross-examined by MR. JESSOP. Q. How came you to go through the fair - A. It was the nearest way. I did not receive any blows.

JOSEPH CADBY . I am a constable. I was at the fair, and saw the prisoner there that evening - I did not know him before. I went into the fair, and returning towards Pentonville, I saw him in company with several others, passing by me in St. John-street; one of the party mentioned my name, I looked round, and saw the prisoner had a box on his shoulder. I pursued him, as he walked much faster after my name was mentioned, and the others closed round him - there was seven in company with him. I got Rule to assist; I attempted to seize the prisoner, and he threw the box at me - it fell on my foot. I followed him, and left the box for Rule to see to - he ran very fast, but I secured him without losing sight of him - the box was directed, " Ann Robinson , Passenger."

Cross-examined. Q. How could you notice him in the face - A. I saw him half an hour before this happened, with several suspicious characters - he was looking about pretty sharp. He turned round, and threw the box at me.

WILLIAM RULE . I was with Cadby at the fair; on coming out we saw the prisoner about a hundred yards from Smithfield, with the box on his shoulder, in company with six or seven others; we pursued him - I saw him throw the box down, and run away; I took care of it, and Cadby pursued, and took him about fifty yards off.

MISS MARY ANN ROBINSON . I live at Farnham. On 5th of September I was at Islington - I had packed up my box to go to the Belle Sauvage, as I was going the next day - it was directed, "Miss Robinson, Passenger." It contained the articles stated in the indictment; and was given to Street to take to the inn. I saw it the next day at Hatton Garden Office.

Cross-examined. Q. Have you a father - A. Yes; I am not twenty-years old. My parents bought most of the things.

(Property produced and sworn to.)

JOHN HUTT . I am an officer. I received the prisoner in charge with the property.

Prisoner's Defence. I was at the fair, there was a crowd round this box, enquiring whom it belonged to; I picked it up, and was taking it to the watch-house, several people came round, and said the officers were after me, and I had better drop it, which I did, and then ran away.

GUILTY . Aged 20.

Transported for Life .

London Jury, before Mr. Common Sergeant.

Reference Number: t18210912-31

1076. JOHN FRAMPTON was indicted for stealing, on the 28th of June , one watch, 30 s.; one ribbon, value 6 d. and one stone seal, set in gold, value 8 s., the goods of John Courtenay from his person .

MR. NORTON conducted the prosecution.

MR . JOHN COURTENAY . I am a merchant , and live in Lawrence Poulteny-lane. On the 28th of June, a little after ten o'clock at night, I was returning home with my wife, in Holborn , near Hatton-garden, and suddenly three or four men went before us, and interrupted our passing, instantly about the same number jostled up against my side the prisoner is the man who jostled against my right breast, they darted off pretty quick, for a little way, and dispersed in different directions; I kept my eye on the prisoner, and another, he looked back several times. I left Mrs. Courtenay to take some of them; I ran a few yards, and secured the prisoner - the other man ran off; the prisoner said "What is the matter?" I charged him with robbing me of my watch, which he denied, but said he knew the person who did it - I gave him in charge to the watchman. I missed my watch instantly as I was jostled against; it was safe shortly before. I am positive he is the man.

Prisoner. Q. You told the Magistrate you was sure I did not take it - A. I said I could not say he took the watch, but he was one of the party. He said he knew who took it.

Prisoner's Defence. I was coming down Holborn, two young men jostled against me, and ran down Field-lane, I turned round to see what was the matter, heard no cry, and was going on, when the prosecutor came and laid hold of me. It is not likely I should have let him take me without resisting, if I had been one of the party.

GUILTY . Aged 23.

Transported for Life .

London Jury, before Mr. Common Sergeant.

Reference Number: t18210912-32

1077. CHARLES RAY was indicted for stealing, on the 24th of August , two watches, value 6 l.; one chain, value 2 l.; one seal, value 1 l.; one key, value 10 s.; two necklaces, value 5 s.; one ear-ring, value 2 s. 6 d., and one ridicule, value 1 s. the goods of James Sims , and one handkerchief,

value 1 s., the goods of Matilda Sims , from her person .

MR. ADOLPHUS conducted the prosecution.

MISS MATILDA SIMS . I live with my father, Mr. James Sims , at Brunswick-house, Hackney-road. On the evening of the 24th of August, about eight o'clock, I had been to a jeweller's shop, for the articles stated in the indictment - they were his property - they were in my ridicule, with my handkerchief. I was going home, and at the top of Widegate-alley, Bishopsgate ; the prisoner came up and snatched the redicule from my hand, and ran down the alley with it, I immediately ran after him crying Stop thief! he was stopped a very short distance off, without my losing sight of him - I am sure he is the person; the property has never been found.

Cross-examined by MR. ANDREWS. Q. Were you much alarmed - A. Yes. I saw him secured a very short distance off. He turned round several times - I knew both his person and dress.

JOHN SHAW . On the evening of the 24th of August, a little after eight o'clock, I was in Bishopsgate-street, there was a little crowd opposite Widegate-alley, the prisoner pretended to stumble in the kennell, he snatched the prosecutrix's ridicule from her hand, and ran up the alley, I pursued him, three or four little boys came from the doorway, and ran by his side for some way. I kept him in sight, till he was stopped. He made a desperate resistance by kicking and fighting. I am positive he is the man.

Cross-examined. Q. Did the prosecutrix come up after he was secured - A. She was before me, within two or three yards of him, and called out

"That is the man?"

THOMAS TICKELL . I assisted in taking the prisoner, who was struggling on the ground with Aswell, he kicked me on the mouth, and knocked me backwards - at last we secured him. While he lay on the ground, Miss Sims, saw him, and said he was the man. We took him into a public-house, he struck and fought there.

Q. How far from the spot was he stopped - A. Not sixty yards. He made no answer, when she said he was the man, he must have heard it.

NATHAN DAVIS ASWELL . I tripped up the prisoner as he was running, we both fell together - I stopped him, several were running after him; he was a-head of them; I secured him after a desperate resistance.

Prisoner's Defence. I heard the cry, and was knocked down, and almost strangled.

GUILTY . Aged 22.

Transported for Life .

London Jury, before Mr. Common Sergeant.

Reference Number: t18210912-33

1078. JOHN HARTLEY and ROBERT CROSLEY were indicted for stealing, on the 21st of July , two stone jambs, value 10 s.; two pieces of Portland stone, value 10 s., and eight feet of other stone, value 10 s. , the goods of Joseph Griffiths .

MR. BARRY conducted the prosecution.

MR. JOSEPH GRIFFITHS. I am a builder , and live in Coleman-street. I am now building a Court for the Commissioners of Bankrupts , the prisoners were in my service. On the 21st of July, I received information, and called on Mr. Rose, he took me to a house in Bread-street, which was under repair - I had nothing to do with that house; I found two pieces of Portland stone there, which are mine. I gave the prisoners no authority to move them off the premises. Hartley was my foreman.

Cross-examined by MR. ANDREWS. Q. Did Hartley buy any stone of you - A. Never to my knowledge. My clerk is not here. He did not say so before the Magistrate, on the contrary, he said he bought it, and would prove it.

MR. JOSEPH ROSE . On the morning of the 21st of July, I saw the prisoners coming out of the archway, leading from the bankrupts court, into Cateaton-street, each with one of the stones on his shoulder; they kept one behind the other - I followed them into King-street, Cheapside, down Bread-street, and losing sight of Hartley, I turned back, and saw Crosley coming down and go into a house, where we afterwards found both the stones, and immediately afterwards I saw them both together, within ten yards of the house, they had not got the stones then.

Cross-examined. Q. Did you accompany Griffiths to that house - A. Yes. An hour or two after they were both apprehended at work.

CHARLES HERDSFIELD . I assisted in apprehending them.

(Property produced and sworn to.)

MR. GRIFFITHS. I was present when they were taken. Hartley never said he bought it of me. Crosley said, at the last examination, that he knew nothing of it, but that Hartley told him to carry it.

CROSLEY'S Defence. I did not know it was stolen.

NOT GUILTY .

London Jury, before Mr. Common Sergeant.

Reference Number: t18210912-34

THIRD DAY, FRIDAY, SEPTEMBER 14.

1079. WILLIAM DAVISON was indicted for stealing, on the 8th of August , one set of chaise harness, value 8 l.; one saddle, value 5 l., and one bridle, value 30 s. , the goods of James Sheldrick .

JAMES SHELDRICK . I am a timber merchant , and live at Lower Shadwell . On the 8th of August, at night, these things were in my stable, which is about eighty yards from my house. On the morning of the 9th of August, about six o'clock, I went to the stables, and they were gone - they cost me 25 guineas. I published a bill offering a reward, and between nine and ten o'clock the morning, I went to Shadwell watch-house, and found the prisoner in custody with them - I never saw him before. I found a piece of fresh dirt on the harness - I asked him how he could dirt my harness; he said, "Sir, I let it fall;" he said, he was a porter, and lived at Mr. Levy's, an old clothes man, in Rosemary-lane.

WILLIAM FARREN . I am in the service of Mr. Sheldrick. I locked the stable door, about eight o'clock at night, on the 8th of August - the harness was then safe. I went rather before six o'clock in the morning, and found the outer gate safe, it was about twelve feet high, but the stable door was unlocked. I am sure I locked it the

night before - the harness was gone. I informed my master.

AMNION NELSON . I am a watchman of Shadwell. I saw the prisoner in New Gravel-lane, about a quarter of a mile from the prosecutor's, with a load on his shoulder, he appeared in a hurry - it was done up in a wrapper; I asked him what he had got - he said, he believed a saddle and something else, and that a gentleman gave them to him to carry to the London Docks, he did not know the gentleman's name, or the person whom he was going to take it to. I took him to the watch-house - I had seen him twice before that night, about ten minutes before twelve o'clock, and about half-past three o'clock in the morning.

WILLIAM PAXMAN . I am a watchman of Shadwell. The prosecutor's stable is near my beat. I was with Nelson, and stopped the prisoner about half-past five o'clock, in the morning - his statement is correct.

(Property produced and sworn to.)

Prisoner's Defence. A gentleman asked me to carry them to the London Docks, and told me to go on; the watchman stopped me - I said the man was coming up, he would not stop for him.

GUILTY . Aged 23.

Transported for Seven Years .

First Middlesex Jury, before Mr. Common Sergeant.

Reference Number: t18210912-35

1080. WILLIAM BLOWES and JOHN DAVEY were indicted for stealing, on the 19th of July , 500 lamps, value 6 l. , the goods of Thomas Owen .

THOMAS OWEN . I am a lamp contractor . Blowes lived ten months with me; the other was employed occasionally. A few days before the Coronation I counted my stock of lamps, and had between eight and nine thousand; after the Coronation I had them counted, and found 891 deficient. I gave information at Bow-street. Davey said, that my man took the lamps out of my warehouse, and gave them to him, and he sold them to Anderson, who keeps a tin-shop. I brought Davey to the shop, and took Blowes down at his own house, at Westminster, he said, he hoped I would not hurt him, but he did take a quantity of lamps, two or three times, and gave them to Davey. I got a search-warrant, and found them at Anderson's.

JAMES ANDERSON . I am a furnishing ironmonger, and live at No. 19, Wardour-street. Davey brought me three dozen of lamps to sell, about the time of the Coronation, he said he had them from a gentleman's servant. I bought no more of him.

WILLIAM GODFREY . I am an officer of Bow-street. I attended with a search-warrant - I first saw Davey, and told him a great quantity of lamps were missing, he said Blowes gave him several baskets full to sell, and he took them to Anderson's house, and stood a few yards from the door, while he went in and sold them. Blowes confessed taking some, and giving them to Davey to sell.

(Property produced and sworn to.)

DAVEY'S Defence. Mr. Owen said, if I told him about it he would not hurt me. I did not say there was several baskets full.

BLOWES - GUILTY . Aged 46.

DAVEY - GUILTY . Aged 30.

Confined One Year , and Publicly Whipped .

First Middlesex Jury, before Mr. Common Sergeant.

Reference Number: t18210912-36

1081. WILLIAM POTT and JOHN TIPPER were indicted for that they, on the 11th of August , at St. Martin in the Fields , having in their possession a certain bill of exchange, which is as follows: -

London, August 11, 1821.

26: 17: 0

Two months after date, pay to my order, the sum of twenty-six pounds seventeen shillings, value received.

J. TIPPER.

To Messrs. Williams and Co. Bankers, 3, Birchin Lane, London.

which said bill was endorsed as follows

"J. Tipper;" they did falsley make, forge and counterfeit, upon the said bill of exchange, an acceptance thereof , as follows,

"Accepted Williams and Co." with intent to defraud William Howell .

SECOND COUNT for uttering and publishing, as true, a like forged acceptance of a like bill, knowing it to be forged, with a like intention.

THIRD AND FOURTH COUNTS the same, only stating their intent to be to defraud Robert Sherington .

TWO OTHER COUNTS the same, only with intent to defraud Robert Williams , William Hugh Burgess , and Charles Montague Williams .

WILLIAM HOWELL . I am a gun-maker , and live at Birmingham. On the 16th of July I received an order by letter, signed J. Tipper (I did not know him), to send a double-barrelled gun and a single one. I was then in London, and went to No. 1, Marlborough-street, to enquire for Mr. Tipper; I saw a woman in the house; I could get no information from her. I went in the afternoon; saw her again, and left my card for Mr. Tipper to call on me. I had not got far from the house before the two prisoners came to me, and asked if my name was Howell - I said it was. Pott asked me if I understood the order he sent, and said his name was Tipper. He fixed Friday, the 20th, to come and look at the patterns of some guns - this was Wednesday, the 18th - they both came on Friday, the 20th, and approved of the guns and pistols I shewed them, and wished to have them; I said they were sold. They desired me to send a single and a double barrelled gun according to their order, as soon as I could, and they promised to pay me a banker's bill. I agreed to allow them five per cent. I went home to Birmingham, and sent up a double and a single barrelled gun to Mr. Sherington, with an order to receive a banker's bill on the delivery of them - they came to 17 l. 2 s. 6 d. Mr. Sherington sent me this bill in a letter, dated the 27th of July; he sent me another letter on the 11th of August, with a bill for 26 l. 17 s.

(Read. - See indictment.)

Q. You received that as a valid bill - A. Yes; I paid the bill of 17 l. 2 s. 6 d. into my banker's. I sent the one for 26 l. 17 s. to Mr. Jenns, in London, to see if it was Messrs. Williams' acceptance - it was afterwards returned.

Cross-examined by MR. ANDREWS. Q. Did you mark the letter in which you suppose the bill came to you from Sherington - A. Mr. Jenns returned the bill to me; I know the letter, but did not mark it. Both the prisoners were present when the guns were inspected. I am positive that Pott called himself Tipper.

Q. Why did you not notice that at Marlborough-street - A. Until they came to Bow-street I did not know their names were false. When they saw me in the street Tipper

said himself that his name was Pool; they were both strangers to me. They came to me again on the 20th. I did not see them again, except at Bow-street.

THOMAS SHERINGTON . I keep the Two Angels and Crown, public-house, St. Martin's-lane . I received from Mr. Howell two guns, with instructions how to dispose of them. Pott came to me on the 11th of August, I think. The first time he came was on the 26th of July - he said,

"Have you got some guns from Mr. Howell for me?" I said I had. We went together up into my club-room where the guns were - he said he had a letter from Mr. Howell, saying that he was to give me a banker's bill for these guns, he gave me the bill for 17 l. 2 s. 6 d. - I let him have the guns - I asked his name; he said it was Tipper.

Q. Well; he came again on the 11th of August - A. Yes; I had received a box from Mr. Howell, with orders to deliver it for such a bill as the last. Pott said he came for the guns - I said, then I must have the bill. He presented another bill instantly. (Looks at one.) This is it. I gave him the box. I had no conversation with him about it. I saw it was accepted the same as the other, and took it. I called him Mr. Tipper - he answered to that name. I remitted the bill to Mr. Howell the same day.

Cross-examined. Q. You had another bill for the first guns - A. Yes; my orders were to get another bill just like the last. I made no enquiries about the bills, as I knew the house was respectable. Pott was the only person present when the bill was delivered. After he was in custody, he told me his name was Pott. I am not confounding one with the other. I did not see the other prisoner till he was in custody. I did not go to Birchin-lane. When I delivered the box, only Pott was present - somebody, who he called his man, was in the parlour. That man took the guns on his shoulder by his desire - it was not Tipper.

GEORGE JENNS . I am a friend of Mr. Howell's. On the 15th of August he sent me a bill for 26 l. 17 s. I should know it again. (Looks at it.) This is it - it is accepted "Williams and Co." I was desired to present it, to see if it was a correct acceptance. I went first to No. 3, Birchin-lane, according to the direction, and saw a gentleman in a lower room, making up newspapers. I thought it a strange place, and asked if it was Williams', the bankers. I was answered it was Williams', but not Williams' the banker's.

Q. What sort of a house was it - A. I went into a narrow passage, and on the entrance-door of the passage was "Williams and Co." on a large brass plate also on the glass of the door, at the foot of the stairs - I passed up a narrow flight of stairs, turned to my right, and saw a lady in a small room, folding linen.

Q. Did you observe any thing like a house of business - A. Not at all. I rapped at a door up stairs, on the same landing where I saw the lady, and on the door were the words "Attendance from Ten till Four," and I think there was Williams and Co. on it. I then went to Williams and Co.'s banking-house, No. 20, presented the bill, shewed them the acceptance, and went away. I went to a house in Newgate-street and wrote a letter to Mr. Howell. I received one from him; and in consequence of that, and one written to the the prisoners, they called on me on Friday the 17th of August, at the Red Lion and Still, public-house, Drury-lane - they left a strip of paper, to say they would call again on the Saturday morning, as I was not at home, which they did, at twelve o'clock, and Pott introduced himself to me as Mr. Tipper - he introduced the other as his friend. He said he called at the request of Mr. Howell, to do business with me. I told him I was not prepared to transact business in the way Mr. Howell desired, and asked him to call on Monday. I wrote to Mr. Howell to come up himself, which he did; and when they called, we took them into custody.

Cross-examined. Q. Pott represented himself as Tipper - A. Yes; I did not put down the words. After Pott was in custody he wished to send a friend to his uncle. I said, "Mr. Tipper, I will send for you" - he then said "My name is not Tipper, this is Mr. Tipper," pointing to the other prisoner.

Q. Did not Pott say, "I am Mr. Tipper's agent, and this is Mr. Tipper" - A. No; the word "agent" never passed. I asked his name in the first conversation on Saturday morning, and he said it was Tipper. I said, Is your name Mr. Tipper? Pott said, "I am Mr. Tipper" - he did not point to Tipper. I went to Birchin-lane about half-past three o'clock - I went through a door into a passage. "Williams and Co. No. 3," was on the door, on a brass plate, in letters three inches long - the figures were distinct enough. I entered from Cornhill, and came to No. 3, before I came to No. 20. On the first floor I found the lady in one room, and one room was shut.

MARY WOODHALL . I live at No. 3, Birchin-lane. I know the prisoner Tipper; he had a counting house at our house, in the firm of Williams and Co. - it had been a counting house before; he took a counting house, a dining room, and a bed-room; on the 1st of November last. A man, who said his name was Williams, took it in the name of Williams and Co. - a ship insurance broker had it before him.

Q. In consequence of its being taken, did any one reside there - A. Some time after it was taken, Mr. Williams sent for me, and said, he did not wish to occupy it till the 1st of February, and asked leave for a Mr. Jerman and his wife to occupy them for two months, they came, and when the two months was expired, I went into the office, and told Mr. Jerman, it was time for him to go, he refused - they did not go.

Q. Do you recollect any person being in the counting house when Jenns called - A. Yes, I do not know his name, he would never give it.

Q. Did Mr. Williams constantly reside there - A. He was never in the house - I never saw him in the house. Tipper was there constantly - I do not recollect whether I ever saw Pott there.

Q. Was ever any banking business carried on there by Williams and Co. - A. There was at first, some exchanging of notes going forward; this went on till Tipper was taken into custody - Jerman assisted as clerk, Tipper was one of the firm; they were to pay me 80 l. per annum, they paid me a quarter in advance. I applied for the second quarter, they said they would not pay me. Jerman paid me the quarter in advance - I have received no more.

Cross-examined. Q. Birchin-lane is much used as a place of business, for merchants who do not reside there - A. It is, it was taken as a place of residence for Williams. I objected to his name being put up, but it was done. I saw notes presented there two or three times,

and paid. Tipper used to attend from ten o'clock till four. I never saw large notes presented.

COURT. Q. Jerman was the only man who acted as clerk - A. No, there were several others after him, there was a man named Green, who appeared to be a clerk, and several other men at different times, they were frequently all together in the counting-house - there were books there; when they first came, they went on very regular.

Q. Did you ever see any persons come to receive cash from them - A. A great number.

MOSES FOORD . I took a bill of this description for 30 l. on the 2d of August, it was accepted by Williams, George Kean , and Co. I paid it away - it is drawn at two months, and is not yet due. (A general release from the prosecutor to Messrs. Williams and Co. and all endorsers of the bill, was here put in and read.)

WILLIAM HUGH BURGESS , ESQ. I am in partnership with Williams and Co. bankers, No. 20, Birchin-lane, (looks at the bill) The acceptance is not the hand-writing of any body belonging to our house. We sometimes accept in red ink, and write across as this is - nobody accepts bills for us but the partners - the clerks never accept; this is not the hand-writing of any of my partners. I know of no other Williams and Co. bankers, besides ourselves, neither in Birchin-lane or elsewhere - we accept as Williams and Co. across as this is.

Cross-examined. Q. It is very common to write across bills - A. Yes, and common to accept in red ink. It is not the slightest resemblance to any hand-writing of our firm - it is Williams and Co., our house is No. 20. I know No. 3, and have seen the name written on the door. I never knew of letters directed to No. 3, coming to our house by mistake. I have frequently known bills directed to No. 3, come to our house, and have sent them to No. 3. If this bill had been brought to me, I should have said it was not our acceptance, and we had nothing to do with it.

The prisoners left their Defence to their Counsel.

TEASDALE COCKILL . I belong to the licensing office, for bankers, and persons trading as such. I have a document here, by which it appears, a licence was taken out on the 26th of February, 1821, for Williams and Co. to trade as bankers; the licence is granted to William Williams , John Tipper , and John Williams , all residing at Swansea, in the county of Glamorganshire; it is not requisite for bankers to be licensed, except where they issue notes payable to bearer, upon demand. I do not know who applied for the licence - it continues until the 10th of October following, and should then be renewed, I have no recollection of the persons; when licences are applied for, it is requisite to give a copy of the bill of the house. (I produce it). It is the bill to be issued at Swansea. (The notes were made payable for Williams, Tipper, Williams, and Co. No. 3, Birchin-lane, London.)

MARY WOODHALL re-examined. The notes presented at the house, were like these, and were paid.

POTT - GUILTY . Aged 23.

TIPPER - NOT GUILTY .

The Jury stated it as their opinion, that the bill was uttered to impose on the prosecutor, as the acceptance of the established house of Williams and Co. bankers.

Judgment Respited for the opinion of the Twelve Judges, on a question, which will be stated when the decision is given.

First Middlesex Jury, before Mr. Baron Graham .

Reference Number: t18210912-37

1082. JOHN TIPPER was again indicted for a like offence, in uttering the bill for 17 l. 2 s. 6 d. , but as he was not present at the uttering, no evidence was called.

NOT GUILTY .

First Middlesex Jury, before Mr. Baron Graham .

Reference Number: t18210912-38

1083. JOHN DOUGHERTY was indicted for stealing, on the 14th of July , in the dwelling-house of Job Hutt , 11 l. 10 s., in monies numbered, and six 1 l. Bank notes, his property .

MARY ANN HUTT . I am wife of Job Hutt, we keep a coalshed in Brittannia-street, Battle-bridge, St. Pancras , and rent the house. On the 14th of July, about half-past seven o'clock in the morning, I went to get some milk. I left six 1 l. notes, with three sovereigns wrapped in them, and 7 l. or 8 l. in silver, in a bottle-stand, in the drawer of the back room - the room door was shut, but not locked, the front door is always open. I returned in about a minute, and saw Mrs. Fryer, in consequence of what she said, I found the drawer open, and the money gone. I had seen it safe a few minutes before, when I went to put some money there - nobody had been in the room before I went out. The prisoner had once been employed to carry out coals for me, and had been in the room several times - I have found none of the money.

MARY FRYER . I live in Brittannia-street. I was in a shop near Hutt's, and saw the prisoner laying down in an empty cart. I saw Mrs. Hutt come out, and go into the milk-shop, two doors off; the moment she went into the milk-shop, the prisoner got out of the cart, and went into her house. I saw him go into the back parlour, and saw him come out in about a minute, with something under his arm, under his jacket; I thought it was his cap, as he had one on, and when he came out, it was off, it looked like leather; he ran up the street. I ran over and told Hutt, she searched her drawers, and missed her money. I am sure he is the boy, I have known him for years.

GEORGE MELBOURN . I am a shoemaker, I was desired to look after the prisoner. On the Saturday after the robbery, I saw him on a lamp-post by Westminster-hall, looking at the people going to view the hall - he knew me. I asked him to come down, he said he would not until he chose, and directly the hall door was open, and there was a rush, he got down and ran off. I followed and caught hold of him he clung to a coach wheel, gathered a mob round me; the people asked what I was pulling him for? I said, he had robbed a neighbour of mine of 20 l.; he used a very bad expression, and said it was not 20 l., and he could bring twenty people to prove it; the people then made way for me to go, and when he got to Charing-cross he clung to a door-post, and would not go on, the street-keeper came and secured him - nothing was found on him; he had a new pair of shoes on, new trowsers, and a new hat, with the maker's name and lining torn out.

MARY ANN HUTT . The bottle-stand was taken with the money - it was dark coloured leather.

GUILTY . - DEATH . Aged 15.

First Middlesex Jury, before Mr. Justice Richardson.

Reference Number: t18210912-39

1084. FRANCIS CLARK was indicted for stealing, on the 6th of August , twelve tumbler glasses, value 12 s.;

fifteen drinking glasses, value 15 s.; one decanter, value 10 s.; one basin, value 5 s.; one cup, value 2 s.; one saucer, value 2 s.; one lamp, value 2 s.; one pen nibber, value 1 s.; one silver mounted cork, value 3 s.; two handkerchiefs, value 5 s.; seven napkins, value 10 s.; four table cloths, value 2 l.; four tea-cloths, value 4 s.; five doyles, value 5 s.; one blanket, value 5 s.; eight brushes, value 8 s.; thirty-six bottles, value 6 s., and six gallons of wine, value 5 l., the goods of William Flower , in his dwelling-house .

MR. ANDREWS on the part of the prosecution, stated, he could not prove that the property was all taken at once, and by the prisoner's desire and confession, consented to a verdict

GUILTY . Aged 27.

Of stealing to the amount of 39 s. only.

Transported for Seven Years .

First Middlesex Jury, before Mr. Justice Richardson.

Reference Number: t18210912-40

1085. BENJAMIN FROST was indicted for stealing, on the 10th of September , one handkerchief, value 2 s., the goods of John Thorough , from his person .

JOHN THOROUGH . On Monday night I was coming out of Drury-lane Theatre, with a friend and his lady. On turning into Drury-lane , a woman came up, and said my pocket had just been picked. I felt, and missed my handkerchief, the prisoner was taken and conveyed to a public-house. I found it concealed in his bosom - it was safe when I came out of the Theatre.

JOHN CHAPPEL . I am constable of St. Pancras, and was returning with my wife from the Lyceum Theatre, and saw the prisoner try the prosecutor's pocket, feeling it with his hand; he then stept aside, and I saw the corner of the prosecutor's handkerchief hanging out of his pocket. In crossing the gateway, I saw the prisoner take it quite out. I secured him, and my wife informed the prosecutor - we took him to a public-house, and found it in his bosom.

(Property produced and sworn to.)

Prisoner's Defence. I had been to the Theatre, a gentleman came behind me, and pushed me into a public-house, and swore that he took the handkerchief out my breast.

GUILTY . Aged 21.

Transported for Life .

First Middlesex Jury, before Mr. Justice Richardson.

Reference Number: t18210912-41

1086. JOHN AVERY was indicted for stealing, on the 4th of August , one silver spoon, value 3 s. , the goods of Thomas Welch Hunt .

WILLIAM WRIGHT . I am servant to Mr. T. W. Hunt, who lives in Clarges-street, Piccadilly . On the 4th of August, I saw the prisoner going up the area steps. I missed a spoon from the window, of the housekeeper's room. which was there three minutes before. I followed and took him at the end of the street, and found it on him.

(Property produced and sworn to.)

GUILTY . Aged 20.

Transported for Seven Years .

First Middlesex Jury, before Mr. Baron Graham .

Reference Number: t18210912-42

1087. SAMUEL COLLINS was indicted for stealing, on the 20th of August , one pair of shoes, value 3 s. , the goods of John Marchant .

JOHN MARCHANT . I keep a boot and shoe warehouse , in Field-lane ; the prisoner came to my shop on the 19th of August, and agreed for a pair of shoes at 9 s.; he said he had not got the money, but would go to the corner public-house and get it of his mate. I watched him, he turned a contrary way to the public-house, I saw him take a pair of shoes out of his pocket, and look at them. I went up and secured him, asked what shoes he had of mine in his pocket, he said, None. I pulled him into a shop, took them out of his pocket, and gave him in charge.

(Property produced and sworn to.)

GUILTY . Aged 38.

Confined Two Years .

First Middlesex Jury, before Mr. Justice Richardson.

Reference Number: t18210912-43

1088. JOHN YOUNG was indicted for stealing, on the 3d of September , one watch, value 6 l. 6 s.; two seals, value 7 l. 7 s.; one key, value 1 s. 6 d.; one gold ring, value 12 s., and one ribbon, value 1 s., the goods of Frederick George Woolf , from his person .

MR. FREDERICK GEORGE WOOLF . I live in Clements-lane. On the 3d of September, about eight o'clock in the evening, I was coming from the vestry of the Lutheran chapel, and just by the oyster shop, in Clements-lane , a man came behind me on the right side, and endeavoured to push me off the pavement. I turned round and perceived the hand of some person taking my watch. I saw the watch come over my left shoulder, and at the same time, saw the prisoner with both his hands up - there was nobody near me but him; when he ran away, the case of my watch dropped, I picked it up with one hand, and laid hold of him with the other - I am sure he is the man who pushed me. I said, "Where is my watch?" he said "I know nothing of it, I am only just walking up." I gave him in charge.

Cross-examined by MR. WALFORD. Q. Was not the prisoner pushed by somebody else - A. Nobody else was near.

WILLIAM PHILLIPS . I am a patrol. I was about thirty yards off, when Mr. Woolf laid hold of the prisoner. I saw a man rush through Three King-court. I found the prisoner in Mr. Woolf's custody - he was taken to the watch-house. I fetched Bedford from the oyster-shop, she said she should know the party; she saw the prisoner among several others, and pointed him out.

Prisoner's Defence. I was coming up the street, on the other side, when the gentleman called Stop thief! two men ran up the court, and nearly knocked me down, Woolf caught hold of me.

GUILTY . Aged 17.

Transported for Life .

London Jury, before Mr. Common Sergeant.

Reference Number: t18210912-44

1089. JAMES LEAVER was indicted for stealing, on the 27th of February , six quarts of wine, value 2 l. 2 s., and twelve botles, value 3 s. , the goods of Thomas Birch Gordon .

THOMAS BIRCH GORDON . I am a wine merchant , and live in Philpot-lane . The prisoner was my cellarman - he came to me, and said he had an order from Barrett, for one dozen of wine. I gave it him to take out.

THOMAS BARRETT . I am a fishmonger, and live in Oxford-street. I once bought some wine of Mr. Gordon I gave the prisoner the order for half a dozen of Bronti Maderia at the beginning of January - I never gave him any other order. I gave him no order in February last.

Cross-examined by Mr. NORTON. Q. You never dealt but once with him - A. No he called several times, but I only ordered one quantity.

MR. GORDON re-examined. I gave the prisoner half a dozen of Bronti Madeira - he took it to Mr. Barrett; he afterwards said Barrett wanted one dozen - which I gave him on the 27th of February to take to him, as my customer. I entered it to Mr. Barrett - I never gave him any to sell on his own account; about the 25th of July I discovered they were never delivered - it was worth 2 l. 2 s.

Cross-examined. Q. The first you sent was in January - A. Yes. I always expected him to give me the order before he took the wine. I delivered him the dozen of wine for Barrett - he never took wine out, and accounted for it afterwards. I allowed him one shilling a dozen on what he sold to his friends.

COURT. Q. Did he ever give you an account where this wine was taken to - A. Never; I gave him a bill with it, debiting Mr. Barrett.

Prisoner's Defence. I leave it to my Counsel.

GUILTY . Aged 30.

Confined Three Months .

London Jury, before Mr. Common Sergeant.

Reference Number: t18210912-45

1090. COLIN ELLIS was indicted for stealing, on the 27th of August , one pair of snuffers, value 20 s. , the goods of Henry Marriott .

HENRY MARRIOTT . I am an ironmonger , and live in Fleet-street . I was absent at the time of the robbery.

JOHN FLOWER . I am shopman to Mr. Cotterell , a pawnbroker, in Shoe-lane. On the 4th of August I took a pair of snuffers in pawn of the prisoner, for 2 s. A few days after he offered a corkscrew and another pair of snuffers - I questioned him about them - he said they were his father's, who was an ironmonger, and lived in Somer's Town; knowing that he worked for Mr. Marriott, I told him I should go there - he said he would go. Nobody being in the shop, I said I would take him in half an hour; he went away, and Mr. Marriott's foreman came, and claimed them.

MR. MARRIOTT. My stock is so large I cannot swear to them.

ACQUITTED .

London Jury, before Mr. Common Sergeant.

Reference Number: t18210912-46

1091. CHARLES BULL was indicted for feloniously assaulting John Phillips , on the King's highway, on the 24th of August , taking from his person, and against his will, two seals, value 2 l. 10 s.; one key, value 10 s.; one ring, value 5 s., and part of a watch-chain, value 2 s. 6 d., his property .

JOHN PHILLIPS . I am a tea-dealer , and live in Nicholas-lane. About a quarter before nine o'clock on the evening of the 24th of August, I was going down the Minories , and at the corner of Red Lion-court the prisoner made a sudden rush at me, and darted at my watch, I put my hand down to protect it, and seized his hands about the wrist - at that time, I believe, he had the seals in hand - and at that instant I was pulled down by some person from behind; I had seen a man at my side when he came up - I felt a stronger jerk at my chain as I was falling. I held the prisoner fast till two watchmen came up. My gold seals, and part of my chain were gone, they broke by the violence of the pull - he had got from my hold before the watchmen came up - they secured him; they were worth about three guineas. I am sure I had hold of them while the prisoner was attempting to get them from me; I have no doubt of his being the man. I found a hat in a doorway at the corner of the court where we had the struggle, I took it to the watch-house, and he claimed it as his own.

Cross-examined by MR. BRODRICK. Q. The person snatched at the seals - A. Yes; the seals might have been separated before I seized his wrist, it was done instantly - I am positive of his person; I found him at the watch-house in four or five minutes. There is a public-house at the other corner of the court, the hat was in the doorway of a private house - nobody came from the public-house. I swear to his dress as well as his countenance.

JAMES DUDERIDGE . I am a slop-seller, and live directly opposite the spot, in the Minories. I was standing at my door, heard a noise on the opposite side, instantly ran over, found Phillips on the ground, and the prisoner just leaving him, without a hat. I jumped over Phillips, and pursued the prisoner - I saw another man near Phillips; the prisoner left him first, and was about a yard from him when I first caught sight of him, the second person was then between me and Phillips, we could not pass him to follow the prisoner till we got to where the court widened (he ran down the court); the second man squatted down to hinder me. Phillips called out, "That is him?" I kept within twenty yards of him, and only lost sight of him in turning the corner - he was stopped in my sight. Phillips brought a hat into the watch-house, which he afterwards claimed.

Cross-examined. Q. Who stopped him - A. A person coming out of a door-way.

WILLIAM BROWN . I am a linen-draper, and live next door to Dudderidge, whom I was talking to, when we heard a rush, we ran across, saw Phillips laying down in the court, and followed the prisoner, Dudderidge was before me - I only lost sight of the prisoner while he turned the corner. I am certain he is the man. Phillips brought a hat to the watch-house, which he claimed. We were obliged to push by another man in the court to pursue him.

Cross-examined. Q. What became of the man who stopped him - A. I do not know. I called out Stop thief! the man popped out of a door, put his arms across to stop him, he fell, and I took him.

TOBIAS LOVE . I am a constable. The prisoner was brought to the watch-house, he claimed the hat. I found a small knife on him.

GUILTY . Aged 18.

Of stealing from the person only.

Transported for Life .

London Jury, before Mr. Common Sergeant.

Reference Number: t18210912-47

1092. JAMES HOPKINS was indicted for embezzlement .

MR. ANDREWS conducted the prosecution.

MR. THOMAS GRIFFIN . I am in partnership with John Griffin ; we are drug brokers ; the prisoner had been our clerk for eighteen weeks. I entrusted him to receive money on drafts at my bankers, Messrs. Lubbocks. On the 26th of July I gave him a check for 36 l. 13 s. 6 d., to pay some duties on balsam of Peru to Mr. Watson, at the Custom House - this is the check (looking at it). I understood from him that he had paid the duties; in two or three days I found they were not paid.

Cross-examined by MR. LAW. Q. He was not entrusted to receive money - A. He was employed to receive money for checks frequently; he was to take the check to Mr. Watson. He bore a good character - we intended to advance his salary.

MR. JOHN GRIFFIN . I am in partnership with the last witness. In consequence of what Bailey, our carman, told me, I asked the prisoner if these duties had been paid, he said they had been paid; I said it was very strange, for Bailey could not get the goods. Next day I told him I would go down to the Custom House, and investigate it myself - he said he would accompany me, and did so; on our arrival there Watson came from his seat, and beckoned to me - I turned round, and found the prisoner had slipped off - he never returned, but was brought back about ten days after by the officer, and said he had been lead by his distresses to make use of the money, to pay some bills; he mentioned some other sums, and wished me to interfere. He said we might receive the money we had been defrauded of from his relations.

Cross-examined. Q. Do you recollect his father's death - A. Yes; I have heard that he supported his father till his death. We gave him 15 s. a week - he did not board with us. He expressed great contrition.

CHARLES HYAMS . I am clerk to Sir John Lubbock and Co. I paid this check in a 30 l. note, and 6 l. 13 s. 6 d. in money, on the 26th of July. I do not know whom to.

Cross-examined. Q. You do not know who received it - A. I have no name against the entry, therefore it must have been paid to the prosecutors, or their clerk, or we should have asked for a name; we invariably make a minute when a stranger presents a check.

THOMAS WATSON . I am a Custom House agent for the prosecutors, to pay their duties. I never received the money for these duties.

Cross-examined. Q. Have you the document by which you know whom you receive money from - A. I have a memorandum which I keep of the transactions. The prisoner has often paid me money for the prosecutors.

JOHN LAVINE . I belong to the Docks. My duty is to receive warrants for the delivery of goods, after the duties are paid. On the 2d of August the duty for these goods was paid by Mr. Griffin - none was paid before.

CHARLES MATTHEWS . I am an officer. I was employed to apprehend the prisoner, and on the 6th of August I found him at Nottingham. I told him I came from Messrs. Griffins', and I supposed he knew what business I came on, and that I was an officer from London; he said he was very uncomfortable, expected it, and what he had done was through distress; that he paid the money away in different sums that he owed, and a young man, named Blundell, had led him into a good deal of company; he was sorry for what he had done, and hoped the money might be made up.

Prisoner. I am extremely sorry for what I have done - it was through distress.

GUILTY . Aged 18.

Recommended to Mercy.

Judgment Respited .

London Jury, before Mr. Common Sergeant.

Reference Number: t18210912-48

FOURTH DAY, SATURDAY, SEPTEMBER 15.

1093. MARY ALLEN was indicted for stealing, on the 6th of August , twenty-six yards of linen, value 40 s., the goods of James French , privately in his shop .

ELIZA FRENCH . I am the wife of James French , and keep a linen-draper's shop at Edgeware . On the 6th of August, between five and six o'clock in the afternoon, the prisoner came in, alone, and asked for nothing, but was handling a piece of cheque. I was waiting on some customers - nobody was serving but myself, in a moment or two, she turned round and asked if I wanted any mats, I said "No," and she went out; in a minute or two, Mrs. Ballard came in, and I immediately missed a piece of cloth which was close to the cheque - it measured twenty-six yards. I then went out, saw her within twenty yards of the shop, and took the cloth from under her apron; she begged of me to take my property, and let her go about her business.

(Property produced and sworn to.)

ANN BALLARD . My husband is a shoemaker, we live at Edgware, on the same side of the way as French, three doors from her. I went to my own door, and saw a woman passing with matts, and saw a very nice piece of cloth between the two mats. I went immediately to Mrs. French and told her - she went after her.

JOHN BALLARD . I followed the prisoner, and took her with the cloth, Mrs. French took it from her - she begged to be let go.

Prisoner's Defence. My husband made some mats, and I sold them about the town. I went to this house, and asked if she wanted any. I asked the price of a bit of cheque, and went out, and came to an archway, where a man asked me to take this cloth for him, and he would pay me - the lady came up, and would not let me stop for the man who gave it to me.

GUILTY . Aged 36.

Confined Three Months .

Second Middlesex Jury, before Mr. Common Sergeant.

Reference Number: t18210912-49

1094. JEREMY GARFIELD was indicted for feloniously exposing to sale certain twelve silver spoons, with a counterfeit mark thereon, resembling the mark used by the Goldsmith's Company, knowing it to be counterfeit, with intent to defraud .

The prisoner pleaded GUILTY . Aged 42.

Transported for Fourteen Years .

Before Mr. Baron Graham .

Reference Number: t18210912-50

1095. JOSIAH CADMAN was indicted for that he, on the 7th of July , at St. James, Clerkenwell , feloniously did dispose of and put away, a certain forged and counterfeit Bank note, (setting it forth, No. 11,744, 5 l. 13th of February, 1821, signed H. Whiting,) with intent to defraud the Governor and Company of the Bank of England , well knowing it to be forged and counterfeit .

SECOND COUNT the same, only calling it a promissory note for payment of money, instead of a Bank note.

TWO OTHER COUNTS the same, only stating his intention to be to defraud John Paine Holland .

The prisoner pleaded GUILTY . - DEATH . Aged 26.

First Middlesex Jury, before Mr. Baron Graham .

Reference Number: t18210912-51

1096. ANN SMITH was indicted for that she, on the the 29th of June , at St. Mary-le-Bow , feloniously did dispose of, and put away, a certain forged and counterfeit Bank note, (setting it forth, No. 13,725, 5 l., 17th of February, 1821, signed W. R. West,) with intent to defraud the Governor and Company of England , she well knowing it to be forged and counterfeit .

SECOND COUNT the same, only calling the forged instrument, a promissory note for payment of money, instead of a Bank note.

TWO OTHER COUNTS the same, only stating her intention to be to defraud John Shaw .

The prisoner pleaded GUILTY . - DEATH . Aged 27.

First Middlesex Jury, before Mr. Baron Graham .

Reference Number: t18210912-52

1097. GEORGE ELLIS was indicted for that he, on the 3d of August , at St. James, Clerkenwell , feloniously did dispose of and put away, a certain forged and counterfeit Bank note, (setting it forth, No. 137,21, 17th of February, 5 l., signed W. R. West,) with intent to defraud the Governor and Company of the Bank of England , he well knowing it to be forged and counterfeit .

SECOND COUNT the same, only calling it a promissory note for payment of money, instead of a Bank note.

TWO OTHER COUNTS the same, only stating his intent to be to defraud John Joseph Austin .

MR. SERGEANT BOSANQUET, and MESSRS. REYNOLDS and BOLLAND conducted the prosecution.

JOB GUY CLARKE . I am shopman to John Joseph Austin , who is a jeweller , and lives in Oxford-street . On Friday, the 3d of August, between four and five o'clock in the afternoon, the prisoner came - I was alone in the shop; he asked me what I would allow him for a seal he had, in exchange for another; he produced a seal on his watch chain. I told him it would not suit us to change, as it was unsaleable; he then went to the shop door, apparently going out, but returned and asked to look at a smaller seal - at that time some ladies were looking at seals; he sat down by my desire, until I could get the seals. I shewed them to him; he selected one for which he was to pay 32 s.; he threw down a card of address, (looks at one) this is it, (read) " George Ellis , Esq. No. 26, Portman-square;" he asked if I could change - he did not say what, I said "Yes." I then folded the seal in paper, and delivered it to him; he gave me a 5 l. Bank note. I put it, together with the card into the till, and gave him three sovereigns and 8 s. - he then left the shop, the ladies had left before him. As soon as he left, I took the notes out of the till (not more than two minutes after), there were other notes in a box in the till; that I received from him was separate from any others. I had received no other Bank note before I took it out. I shewed it to a young man named Purdie, our shopman, who was then in the shop. In consequence of what passed between us, I went to the shop door, and saw the prisoner thirty or forty yards off, going towards the City; I overtook him, begged he would excuse me, but he must come back and change the note he had given me; he hesitated, and said he had no more money about him, and that he must go home to his dinner, as it was waiting for him; after a little persuasion, he returned with me. I found Mr. Austin alone in the shop, with the note in his hand - I had left it in the hands of Purdie, I marked it a few minutes after; (looks at one) this is it - it has my initials on the right hand corner - he delivered me the change and the seal.

Cross-examined by MR. CURWOOD . Q. You marked it when you came back - Q. Yes; Purdie attended to the ladies, but they bought nothing. I suppose there was more 5 l. notes in the box, but not in the till; they were in a box made for the purpose, and a lid placed on them - there was no other loose note.

EDWARD PURDIE . I am shopan to Mr. Austin. On the 3d of August, the prisoner came to the shop, some ladies came in as he stood at the door. I attended to them, they did not purchase any thing - the prisoner went out after buying a seal. I heard him ask the price of a seal, the ladies went out before him. On the prisoner going out, Clark shewed me a 5 l. note - I thought it a bad one; he went out after the man, I was out when he returned. I gave the same note to Mr. Austin, about a minute after I had it from Clark. It was not out of my possession till I gave it to Mr. Austin.

Cross-examined. Q. What made you suspect it - A. The engraving and water mark, and its general appearance.

JOHN JOSEPH AUSTIN . I am a jeweller, and live at No. 136, Oxford-street. I was in the parlour behind the shop, Purdie called me out and gave me a 5 l. note; Clark was then going out of the shop - I sent Purdie out also, and took the note from him - Clark returned soon after with the prisoner; the same note was then in my hand, I marked it (looks at one) this is it, here are my initials on it - Clark marked it immediately after me - our notes are always marked before we put them into the box - we put them open in the till if we are in a hurry, and mark them before we put them into the box - I asked the prisoner if he knew where he got the note, he said, very well, it was from a friend - I asked where he himself lived, he said at No. 26, Portman-square - I asked who kept the house, and I think he said a Mrs. Gordon - I gave him in charge; he never mentioned his friends name.

ELIZABETH PARSONAGE . I take care of the house No. 26, Portman-square. It is the house of John Towers , Esq. - no Mrs. Gordon lived there, I have been there about two years.

Cross-examined. Q. Are there two houses of that number - A. No; I am quite sure.

ALICE EWBANK . I am housekeeper to Mr. William Tooke Robinson, No. 6, Austin-friars - he has three sons named William, Charles, and Peter Tooke - the prisoner came to the house on the 30th of July, about half-past four

o'clock in the afternoon, I opened the door to him; he asked for Mr. Robinson; I said my master was not in town - he said, he did not mean the old gentleman, he meant Mr. Peter Tooke - he asked if I knew whether he was gone into the country, or whether he was at Woolwich (he is at college there) Mr. Robinson's, sen. house is at Walthamstow - he said he was sorry he could not see Mr. Peter Tooke - I asked if he had any message to leave, and I would tell him when he came to town; he said he owed him 1 l. a good while, and wanted to see him - I said if he would leave the note with me, I would deliver it to him when he came - he said. I have no smaller change than a 5 l. note; I said I had no change in the house, but I would send my daughter to change it - he gave me a 5 l. note, I gave it to my daughter Alice; she brought back four sovereigns, and one Bank note - I offered him three sovereigns and the note; he said, if it made no difference, he would rather have the sovereign, as he was going out of town that evening, and was going to travel - I gave him the sovereign and took back the note, and asked him to leave his address, or indorse the note; he said there was no occasion for leaving his address, for the young gentleman would know who it was from, if I gave the note and told him it had been owing a long time - he then went away; I gave my daughter the note he gave me, I should not know it again.

Cross-examined. Q. You never saw him before - A. No; I can swear positively he is the man; I staid with him some time, while my daughter went for change; he said he would go for a few minutes, and call again; he returned before her.

ALICE MOULE . I was at Mr. Robinson's with my mother, Mrs. Ewbank, on the 30th of July - she came to the kitchen door, and asked me to get change for a 5 l. note - giving me the note, I did not see who she got it from - I took it to Mr. Parr's, Throgmorton-street; I looked at it as I went along, and noticed it (looks at one) this is it, it has the name "Mr. Smith, Great Queen-street," written in red ink at the bottom, which I noticed - I gave it to Parr's shopwoman, Gardiner, and told her I brought it from Mr. Robinson's to get changed; she knew where he lived - she wrote "Mr. Robinson, 30th July" on it; I am sure it is the note, she gave me four sovereigns and one 1 l. note - I gave it to my mother, I never saw the prisoner.

ELIZA GARDINER . I am shopwoman to Mr. Parr of Throgmorton-street. The last witness came for change for a 5 l. note - she did not say from whom she came - I knew she lived at Robinson's (looks at one) this is the note, it has Mr. Robinson, Austin-friars, July 30th. - I gave her a 1 l. note and four sovereigns.

MR. PETER TOOKE ROBINSON . I am the son of Mr. Robinson, of Austin-friars. I am at Woolwich; I never saw the prisoner, never lent him any money, nor ever had any transactions with him.

JOHN LEES . I am an inspector of Bank notes, and have been so twenty-three years (looks at the note) this is a forged note - it is neither bank paper or plate; nor is it the signature of W. R. West, there is a cashier of that name, it is something like it, but is not his - the other is forged in every respect; it is signed H. Whiting - there is no such person authorized to sign 5 l. notes; they both appear off the same plate - it is from a plate, the impression of which we have not seen till lately - (note read as in the indictment).

Prisoner to MRS. EWBANK. Q. At the time the officer shewed me to you, did you say you did not know me - A. I said that was the man that paid me the note.

Prisoner. I leave it entirely to my counsel.

GUILTY . - DEATH . Aged 21.

Second Middlesex Jury, before Mr. Baron Graham .

Reference Number: t18210912-53

1098. THOMAS TOPLEY was indicted for that he, on the 15th of August , at St. James, Clerkenwell , feloniously did dispose of and put away, a certain forged and counterfeit Bank note, (setting it forth, No. 13,783, 17th of February, 1821, 5 l., signed W. R. West) with intent to defraud the Governor and Company of the Bank of England , he well knowing it to be forged and counterfeit .

SECOND COUNT, for offering to Wm. Wyatt, a like forged Bank note, with the like intent, knowing it to be forged.

THIRD AND FOURTH COUNTS the same, only calling it a promissory note for payment of money, instead of a Bank note.

FOUR OTHER COUNTS the same, only stating his intent to be to defraud Francis Baldry .

WILLIAM WYATT . I am shopman to Mr. Francis Baldry, of New Bond-street . On the 15th of August, the prisoner came to the shop and asked for four yards of Kerseymere. I asked who it was for; he said Mr. Newman. I told him I thought he must be mistaken. He said, No, he made no mistake. I said, Mr. Newman, where? He said, "Mr. Newman, Air-street." I said, "Air-street, Piccadilly?" - he said, "Yes." I told him we had no account with any such person; he replied, "I am going to pay for it." I shewed him the kerseymere; he asked the price; I said 12 s. a yard; he said he was to have one about 10 s., I said we had none at that price, but shewed him one at 11 s.; he said, I will take two yards of each. I then asked if he was correct, as the length of two yards was fit for nothing - he then said, "Cut me four of that at 12 s." I said, "Am I to cut off four yards?" he said, Yes, cut it off; he tendered a 5 l. note, which I suspected to be bad. - I asked if he would like to have a bill; he said "Yes." I went to the desk to make the bill, and looked at the note, but did not endorse it. I called William Baldry , and desired him, in the prisoner's hearing, to go to the bankers and get five sovereigns for the note, which I gave him. He went and returned. While he was gone, I asked the prisoner in what part of Air-street Mr. Newman lived; he said, a little up on the left hand side. He said Mr. Newman was a tailor. I asked if they were busy, he said Yes. William Baldry returned and gave me the note, saying it was forged. I then taxed the prisoner with knowing it to be forged; he denied it. I said we knew nothing of him, and as he had had four yards of Kerseymere cut off, he should not go till I had sent for Mr. Newman - he hesitated.

Q. How did he hesitate - A. When I asked him if I should send for Mr. Newman, and said what number, where does he live - the prisoner gave no answer. I asked him why he should hesitate, as he said he came from Mr. Newman; he then said Newman was waiting for him at the corner of the street. I told him that was very

strange, and asked where he was to take the kerseymere; he said to Mr. Newman, who was waiting for him; he said he had known Mr. Newman for five years; he afterwards said that he met him that morning, and he gave him the 5 l, note, and told him to come for four yards of kerseymere, and said that he lived in Air-street, Piccadilly. I gave him in charge.

Q. You went to write the bill, and then examined the note - A. I did, and observed marks on it, but not sufficient to swear to it - I gave the same note to William Baldry . When he brought it back, I endorsed it

"Mr. Francis Baldry " on the back. (Looks at one.) This is it.

MASTER WILLIAM BALDRY . I am fifteen years old, and am the son of Francis Baldry . I received a note from the last witness on the 15th of August I took it to Martin and Co.'s, the bankers, Old Bond-street; they did not change it; it was not out of my sight. I returned the same note to Wyatt. I did not mark it. I gave it to a clerk at the bankers' counter; he said it was bad, directly.

SAMUEL PLANK . I am an officer. I took the prisoner into custody, and asked of whom he received the note. He said he had it of a man in the street, whose name he believed to be Newman, but he did not know where he lived, where he was to be found, or what trade he was.

JOSEPH TOWGOOD . I am a collector of poors' rates in Air-street, Piccadilly. There is no housekeeper there named Newman. I have known all the housekeepers there for seven years. There is no shopkeeper of that name.

JOHN LEES. I am an inspector of Bank notes. This note is forged in every respect. West is a cashier in the Bank, but this is not his hand-writing; the paper and plate are likewise forged.

(Read.)

Prisoner's Defence, (written.) On the 14th of August I was in Piccadilly, and at the corner of Air-street, I was accosted by Newman, who I had known some time. We entered into conversation; he asked if I objected to go to Bond-street to buy some cloth, as he owed some money there, and did not like to go himself; he gave me the 5 l. note, and told me to say I came from Newman; the shopman appeared to know him, and sent it out for change without marking it; the person returned in ten minutes, and said it was bad; he asked where Newman lived; I said in Air-street, but did not know the number; but if he allowed some one to go with me, I would find him; they sent out after him in a quarter of an hour, but he was gone.

WILLIAM WYATT . He did not say if somebody was sent with him he could find him. I offered to send for Newman - he did not agree.

GUILTY . - DEATH . Aged 23.

Recommended to Mercy.

Second Middlesex Jury, before Mr. Justice Richardson.

Reference Number: t18210912-54

1099. EDMUND SPARROW was indicted for that he, on the 23d of June , at St. James, Clerkenwell , feloniously did dispose of and put away, a certain forged and counterfeit Bank note, which is as follows, (setting it forth, No. 11,777, 13th of February, 1821, 5 l., signed H. Whiling,) with intent to defraud the Governor and Company of the Bank of England , he well knowing it to be forged and counterfeit .

SECOND COUNT the same, only calling it a promissory note for payment of money, instead of a Bank note.

TWO OTHER COUNTS the same, only stating his intent to be to defraud John Denne Clunn .

JOHN DENNE CLUNN . I am a grocer , and live in Gray's-inn-lane . On Saturday the 23d of June, the prisoner came to my shop, and wished to look at some lumps of sugar, for compounds; stating that his mother had driven it off late, and wished particularly to know if I could send a person with him with the goods; I said, Yes. I shewed him three sorts of lumps; he fixed on one sort, and gave me the price I asked, which was 106 s. per cwt. He ordered 56 lbs. I pressed him to take other goods, and sold him 1 lb. of tea and some pepper - they came together to 3 l. 1 s. 6 d.; he tendered me a 5 l. Bank note - I asked his address; his answer was, "Lord, No. 4, Searle's-place." I asked where Searle's place was? he said, Castle-street. I then gave him the change, and put his name and address on the back of it, in his presence. (Looks at one.) This is it; it has that written on it by me, "23 - 6 21". I ordered my shopman, John Duffield , to take the goods with him - they both went away together with them. Duffield returned in about a quarter of an hour. In consequence of what he said, I went to No. 4, Searle's-place, Carey-street, Chancery-lane, and found no person answering his name or description. Castle-street is on the opposite side of Chancery-lane.

Cross-examined by MR. BARRY. Q. This was Saturday night - A, Yes, between eight and nine o'clock; he was alone, and was nearly half an hour with me; I was busy, and could not immediately attend to him; my young man was serving in the shop. I found there was no Searle's-place in Castle-street. I think I took no other 5 l. note that night. I cleared out my till about every two hours, and had cleared it previous to taking this - there was no note in it when I put this in; I put others in after. I am positive he is the man. I marked it in his presence.

JOHN DUFFIELD I am shopman to the last witness. I carried the goods which the prisoner bought. I heard him ask for sugar, but did not hear the address he gave; I walked behind him all the way with the goods, he went down Gray's Inn-lane, across Holborn, to Southanpton-buildings, down into Chancery-lane - he was joined by another man in Chancery-lane; they both walked on before me together, to Randall's public-house, the Hole-in-the-Wall, Chancery-lane; the prisoner then jumped on the bar before the window, looked into the tap-room, and said,"My father is at home;" the other man immediately said, "The devil he is?" The prisoner said, what shall we do now. The other said to me, if I whistle, bring them in; the prisoner said, never mind whistling, my father must see them, bring them in, they then both took them out of my basket, and carried them in themselves. I went home, and immediately after, went back to the public-house, to search for them, they were gone.

Cross-examined. Q. Did you drink with them - A. No. I did not go in. I saw no money pass between the prisoner and the other man.

HENRY GILBERT . I am a collector of taxes in the district. Castle-street, Holborn, is in. There is no such place as Searles-place, Castle-street; I know no Searle's-place but the one in Carey-street.

Cross-examined. Q. You do not know whether there may not be one in Castle-street, Hounsditch - A. No.

JOSEPH HARMON . I live at No. 4, Searle's-place, Carey-street. I know no other Searle's-place. I know nothing of the prisoner, I have lived at my present house above a year, and I have lived in the place two years, and a half. I never knew the prisoner to live there. I have known the occupents nine years.

JOHN WAITE . I am a shoemaker, and live in Bridge-street, Lambeth. I know the prisoner perfectly, on the 27th of June, he came to my shop, in company with George Lee , and Eliza Brown . Lee had been to my shop, two days previous, he requested me to fit this young gentleman, the prisoner, with a pair of jockey boots. I fitted him with a pair, which came to 2 l. 2 s., Lee requested me, to fit the lady with a pair of coloured shoes; not having a pair that would fit her, I fitted her with a pair of half-boots, which came to 7 s. 6 d.; Lee said to the prisoner

"You may as well treat Betsey with this pair of boots, it is your first treat;" he said he would, and took his pocket-book out of his pocket, and took out a 5 l. note. Lee immediately took the note from his hand and said to me,

"You know where I live, you will put my name and address on the note;" he said, the young gentleman lives at Bromley. He, Lee, wrote on the note,

"Mr. Thompson, Saville-place." (I did not know then that his name was Lee) - he gave that as his name. I wrote on the back of the note - (looks at one) - this is it; I can swear to it. He said,

"You will send to my house at nine o'clock tomorrow morning, for a pair of boots of this young gentleman's, to toe-piece." I sent my man at nine o'clock in the morning to Saville place - he brought me back no shoes.

Cross-examined. Q. You knew Lee before - A. He had been to my shop two days before. The prisoner took the note out of his own pocket-book, and gave it to Lee. I have received a note from the prisoner's friends, instead of the bad one.

COURT. Q. You have been paid - A. About the middle of July, a Mr. Sheppard called and had some conversation with me about it, and said he was innocently entrapped - I said as I had been a loser, perhaps he would advance it, and he paid it.

MARY MAYHEW . I live at No. 8, Savill-place, Lambeth. On the 23d of June, my lodgings, were taken bp a man named Lee, a young woman was with him; they went away in the afternoon of the 27th, and never returned; the prisoner was not with them. On the following morning a person came to the house for some shoes; they were gone then.

JOHN FOY . I am an officer of Marlborough-street. I apprehended the prisoner on the 23d of July, he said he lived with Mr. George Darvin , a grocer, in Whitecross-street, I asked if his father, or mother, kept a public-house, he said, No. I took him to Marlborough-street, and then went to Darvin's, where I found he had lived. I searched his box, and brought away a blue coat and waistcoat, which he claimed, a brooch, was delivered to me, by Hogg, a constable. The prisoner claimed them; Mr. Clunn saw them, the prisoner denied ever having been to Clunn's, and changing a 5 l., note.

THOMAS HOGG . I found the brooch, and ring in the prisoner's box at Darvin's.

J. D. CLUNN re-examined. I described the prisoner's dress to Foy, the coat, waistcoat, and brooch, appear to be the same he wore. I noticed the brooch in his neck-handkerchief, particularly. I described it to Foy before he found it, and believe it to be the same; there may be two alike.

JOHN LEES , I am an inspector of Bank notes. The note is forged in every respect, both paper, plate, and signature - we have no cashier named H. Whiting. The other is also forged in all respects - they are both from the same plate; we have no cashier named J. Robinson; we had a signing clerk for the 1 l. notes of that name - it is not his signature.

Cross-examined. Q. Are they well done - A. Not very, the plate is a recent one.

(note read.)

Prisoner's Defence. I had been away from my master a fortnight, and the coat and waistcoat were in my box all the while. I have the coat on now which I wore while I was away.

GUILTY . - DEATH . Aged 21.

Recommended to Mercy.

Second Middlesex Jury, before Mr. Baron Graham .

Reference Number: t18210912-55

1100. CHARLES FIDLER was indicted for that he, on the 30th of July , at St. James, Clerkenwell , feloniously did dispose of and put away, a certain forged and counterfeit Bank note, (setting it forth, No. 11,733, 13th of February, 1821, 5 l., signed H. Whiting,) with intent to defraud the Governor and Company of the Bank of England , he well knowing it to be forged and counterfeit .

SECOND COUNT the same, only calling it a promissory note for payment of money, instead of a Bank note.

TWO OTHER COUNTS the same, only stating his intent to be to defraud Joseph Wassell .

JUSTINA JONES . I am shopman to Joseph Wassell , of Picket-street, Temple-bar , a pawnbroker . On Monday, the 30th of July, about the middle of the day, the prisoner came to our shop, and produced the duplicate of a coat and waistcoat, which were pawned for 24 s., in the name of Turvey. I gave him them, and he tendered me a 5 l. note. I took 24 s. 5 d., and said

"The name on the ticket is Turvey, is that the name I am to put on the note?" he said Yes; I then asked for his direction, he said "No. 7, Shire-lane." I wrote that on the note in his presence; (looks at one) this is the note. I think he came again on the 3d of August, to pawn a telescope. On the 16th of August, Van and Mance brought him to our shop, and asked if I knew him; I said, Yes; that is the man, who paid me the note for the coat and waistcoat, but he was not the man who took the watch out - they took him away.

COURT. Q. How long was he in the shop when he redeemed the coat and waistcoat - A. Perhaps not five minutes. I have no doubt of his being the person. I had seen him frequently at the shop before, pawning and redeeming things. I knew him perfectly well, before he redeemed these. I knew him by the name of Fidler - it is very common for persons who pledge, to use fictitious names. When I asked him if I was to put Turvey on the note, I thought he was taking it out for another person, I said,

"What is your address." I cannot tell whether he pawned the coat and waistcoat.

THOMAS VANN . I am an officer. On Thursday, the 16th of August, I and Mance apprehended the prisoner at a coffee-shop in Shire-lane, playing at cards. I asked his name, he said Fidler. I told him who we were, and that we took him on suspicion of uttering a 5 l. forged

note to Mr. Wassell, of Picket-street. He denied all knowledge of the place, or knowing any thing about it. He said he never had a 5 l. note, good or bad, in his possession in his life; he said, he lived in Tower-street, over the water, that he had lived there nearly a month, and had been in the country, purchasing fancy birds, which was the way he got his living. We took him to Wassell's, and the last witness identified him as the man. In going to the office, he said, I was mistaken in him - he was not the person, but that he knew the person who passed it at Wassell's, his name was Turvey, who was then in custody. I afterwards went to No. 7, Little, and No. 7, Great Shire-lane; I could find only one No. 7, in each. I could learn nothing of him there - the coffee-shop is No. 12.

WILLIAM SMITH . I live at No. 7, Great Shire-lane, Temple-bar; the prisoner never lived there during my time, which is since June last - no Turvey lived there.

JOHN BROMLEY . I live at No. 7, Great Shire-lane, and have lived there five years - it is a different house to Smith's, the prisoner never lived there. I do not know him nor Turvey.

THOMAS WILLIAMS . I have lived at No. 7, Little Shire-lane, above eighteen months - the prisoner never lived there. I do not know him, nor any Turvey.

JOHN LEES . I am an inspector of Bank notes; the note is forged every respects.

JOHN MANCE . I am an officer. I was with Vann, his account is correct - On going to Wassell's, we went into a public-house and Vann went out - and while he was out the prisoner said he knew Mr. Wassell and the shopman, and he had pawned there, and had things in pawn there then; but he did not pass the note - he knew the man that did, his name was Turvey - he said it had been talked about in the neighbourhood (Note read.)

Prisoner's Defence. I have lived in Shire-lane at the coffee-shop nine months; and opposite, three months - I was apprehended and taken to the pawnbroker's - he said I was not the man who took out the watch; he afterwards said I did take it out - they have taken three bad notes, one which has my name on it - I was minding my father's shop at the time this was passed.

ANN HURST . I live in Waterloo-road, near the Cobourg Theatre; and am housekeeper to the prisoner's father. On the 30th of July, he was at his father's from between nine and ten o'clock in the morning till between four and five o'clock - I asked him to stop, as his father was gone out of town to buy birds.

MR. SERGEANT BOSANQUET. Q. Where did he live - A. Very near his father, in Oakley-street - the 30th was on Monday - I am certain he was all day feeding the birds; he went away at five o'clock, just before tea.

Q. When did you know it was material to prove he was with you on this day - A. Not till Wednesday - he sent to say he was taken up.

COURT. Q. Does he frequently assist in the shop - A. Yes.

ELIZA SABINE . I live at No. 9, Great Shire-lane. He lodged four months with me, and left in July about the middle of the month, I believe.

MR. REYNOLDS. Q. What was his trade - A. He dealt in fancy birds , he left me about a fortnight before he was apprehended.

NOT GUILTY .

Second Middlesex Jury, before Mr. Justice Richardson.

Reference Number: t18210912-56

1101. ELIZABETH MACK was indicted for stealing, on the 20th of August , two blankets, value 7 s.; two quilts, value 5 s.; one bolster, value 5 s.; one pillow, value 1 s. 6 d.; three irons, value 2 s.; and fourteen pounds of feathers, value 20 s., the goods of William Male , in a lodging-room .

WILLIAM MALE . I live in Grub-street . On the 21st or 22d of June, the prisoner took my two pair back room, at 5 s. 6 d. per week, furnished - I let these things with it; she called herself a married woman, and in the afternoon her husband came - they continued with me till the 20th of August, and paid the rent fairly. About three days after she and her husband had been fighting, about three o'clock he came down, and said I had better go up stairs, and look after my things, or they would all be gone - he went away, and about five or six o'clock she went; about seven o'clock, he came home and could not get in; he broke open the door - in consequence of what he said, we went up and missed fourteen or sixteen pounds of feathers out of the bed - I had examined the bed before they took the room; I also missed the other things, the prisoner was then in custody.

REBECCA MALE . I went up before my husband, and missed the property; her husband raised our suspicious - he lived with her up to the time, and now he has got another - I believe he wanted to get rid of her.

NOT GUILTY .

London Jury, before Mr. Common Sergeant.

Reference Number: t18210912-57

1102. JOHN DAWSON , was indicted for stealing, on the 6th of September , one handkerchief, value 1 s., the goods of Samuel Chester , from his person .

SAMUEL CHESTER . I live in the Westminster-road. On the 5th of September, a little past one o'clock in the morning, I was at the foot of Blackfriars-bridge , on the London side, a gentleman said my handkerchief was gone - I felt, and missed it - I turned round, and saw the prisoner running as hard as could - I pursued, and only lost sight of him in turning the corner, and saw him throw it down in Water-street - a constable picked it up; I called Stop thief! and he was stopped without my losing-sight of him, except in turning the corner.

JOHN SMITH . I am a constable. I joined in pursuit; I was sitting at the foot of the bridge; I lost sight of him only as he turned the corner - he threw the handkerchief down, and was secured; I searched and found a handkerchief in his hat, and a small knife and snuff box.

Prisoner's Defence. I know nothing at all about it.

(Property produced and sworn to.)

GUILTY . Aged 17.

Transported for Seven Years .

London Jury, before Mr. Common Sergeant.

Reference Number: t18210912-58

1103. MARIA TERRY was indicted for stealing, on the 8th of January , two shawls, value 18 s.; two handkerchiefs, value 4 s.; one shift, value 5 s.; one ring, value 10 s., and one key, value 6 d. , the goods of Hugh Thomas Kernot .

RICHARD HILL . I am a printer, and live at No. 3, Trafalgar-street, Walworth. I found some duplicates concealed in a coal and blanket press in Mrs. Francis's ward in Christ's Hospital; I found a gold ring and key with the duplicates, six, eight, or ten weeks ago. I saw the prisoner leave her place - she never returned.

DAVID TRAIL . I am shopman to Mr. Matthews, a pawnbroker, who lives in Aldersgate-street. I took a shawl in pawn of the prisoner, on the 1st of May, for 4 s.

EDWARD TALVER . I am shopman to Mr. Fleming, a pawnbroker, who lives in Newgate-street. I know the prisoner, but do not know whether she ever pawned any thing at our house.

JOSEPH PATTEN . I am a constable. I took her in charge. The prosecutor is not her.

NOT GUILTY .

London Jury, before Mr. Common Sergeant.

Reference Number: t18210912-59

1104. MARIA TERRY was again indicted for stealing, on the 4th of October , two handkerchiefs, value 6 s.; four shirts, value 8 s.; three gowns, value 15 s., and one petticoat, value 18 d. , the goods of Frances Maria Francis .

FRANCES MARIA FRANCIS . I am nurse at Christ's hospital; the prisoner was my servant . I placed great confidence in her. The duplicates of this property were found in a blanket press, which nobody but her had access to - it stood in her bed-room; I told her she was a wicked woman, she said nothing, but went away without her wages. I had missed the property at various times, but did not suspect her.

Prisoner. Q. Have not other people access to the room - A. The boys used to put their clothes in the press on Sunday nights.

RICHARD HILL . I am a printer. I found seventeen duplicates in the press, and a gold ring, in a pocket-book, in the prisoner's bed-room, as I was adjusting the press by my sister's (Francis) desire.

JOHN ROSE . I am servant to Mr. Essex, a pawnbroker, who lives in Aldersgate-street. On the 7th of April the prisoner pawned three boys' shirts for 2 s. 6 d. in the name of Mary Hill. I will not swear she is the woman, On the 4th of October I took in a black handkerchief, for 2 s., in the name of Mary Matthews .

DAVID TRAIL . I am a pawnbroker, and live in Aldersgate-street. On the 28th of November, a handkerchief was pawned with me, and on the 6th of December a bed-gown and handkerchief in the name of Mary Matthews , Jewin-street. I cannot be certain that the prisoner pawned them.

EDWARD TALVER . I am a pawnbroker. On the 11th of December a gown was pawned for 5 s., on the 9th of August a gown for 5 s., and on the 23d another gown. I cannot say the prisoner pawned them.

MARY ANN KERNOTT . I know the pocket-book which the duplicates were found in to be the prisoner's. About three months before that I slept with her, and as she was putting her pockets on it fell out - I picked it up, and opened it, there was 1 s. 1 1/2 d. in it - she took it out of my hand, and said it was like my impertinence to open her pocket-book. It was made of satin or silk, and in one side of the cover was a place for money - I saw no other pocket in it. I am certain this is it (looks at it.)

(Property produced and sworn to.)

Prisoner's Defence. The child has sworn falsely.

GUILTY . Aged 30.

Confined One Year .

London Jury, before Mr. Common Sergeant.

Reference Number: t18210912-60

1105. MARY DRAPER was indicted for stealing, on the 22d of May , one pair of sheets, value 6 s.; one bolster, value 7 s.; one pillow, value 2 s.; one curtain, value 2 s., and one candlestick, value 1 s,, the goods of John Sluice , in a lodging room .

SARAH SLUICE . I am the wife of John Sluice ; we live in Aldersgate-street . On the 21st of May I let the prisoner a back parlour, furnished, at 4 s. per week; she called herself a straw bonnet maker. On the 26th of May she left, early in the morning - she left the room door locked. I examined it, missed this property, and found them in pawn. She was taken on the 31st of August, brought to me, and produced the duplicates of them.

EDWARD RINGATE . I found the duplicates on the prisoner.

JAMES R. CASTLE . I am a pawnbroker, and live in Old-street. I do not know the prisoner. I took a pillow in pawn on the 22d of May, for 18 d., and on the 23d a bolster, in the name of Jane Harris .

CHARLES BOWRING . I am servant to Mr. Read, a pawnbroker, who lives in Redcross-street. I have a shirt, pawned on the 22d of May, in the name of Ann Thomas , for 4 s.

FREDERICK EDWARDS . I am servant to Mrs. Fothergill, a pawnbroker, who lives in Aldersgate-street. I have a shirt pawned on the 23d of May, for 18 d.; and a curtain on 25th, for 1 s., in the name of Mary Draper .

WILLIAM HERDSFIELD . On the 31st of August I took charge of the prisoner. She gave me six duplicates of this property.

Prisoner's Defence. I never wished to injure her. I heard she had missed the things as I was going home, and did not like to go. My husband allows me 3 s. a week - I meant to let that run till I could redeem them.

GUILTY . Aged 44.

Confined One Month .

London Jury, before Mr. Common Sergeant.

Reference Number: t18210912-61

1106. MATILDA MOODY was indicted for stealing, on the 12th of September , two planes, value 4 s. , the goods of William Dunton .

WILLIAM DUNTON . I am a jobbing carpenter , and live in Bartholomew-close . On Wednesday morning last I came home at half-past eight o'clock, the planes were then both on the bench in the shop; I had not been at home many minutes before a young man came to borrow a bench; I went up to breakfast, telling him to shut the door, and in a quarter of an hour he called me down; I found him holding the prisoner, with the planes in her lap. She said she would do so no more.

ABRAHAM COLE . I am a carpenter. I borrowed the bench, and shut both the doors; as I came back I saw the prisoner coming out of the shop, with one of the planes hanging out of her apron. I stopped her, and took them from her.

(Property produced and sworn to.)

JOHN HOOKER . I took charge of her.

The prisoner pleaded distress.

GUILTY . Aged 30.

Fined One Shilling and Discharged .

London Jury, before Mr. Common Sergeant.

Reference Number: t18210912-62

1107. JOHN CABELIA was indicted for feloniously assaulting John Bruce , on the King's highway, on the 31st of August , at St. Botolph without Bishopsgate , putting him in fear, and taking from his person, and against his will, one watch, value 5 l. 5 s.; one chain, value 5 s., and one key, value 2 d., his property .

JOHN BRUCE . I am a bookseller , and live in the City-road. On the 31st of August, about eight o'clock in the evening, I was in Bishopsgate-street , crossing Halfmoon-street, I had no sooner stepped off the curb, than somebody seized my watch-chain, and pulled hard to get my watch; I was prevented from putting my hand down to save it, by a number of persons hustling me - there were not less than four, I think, six or seven, in the gang - it was very tight in my fob; he succeeded at last in getting it out, with difficulty; it was silver, and worth five guineas - the chain was steel, and the key likewise. The prisoner is not the man who took my watch, but I am positively certain that he was one of the gang who hustled me - I looked at him particularly, he was at my right hand; it was a very dull evening, but there was sufficient light in the street to distinguish countenances - the lamps and shops were lit up. I was hustled down from the main street into the gateway, and several blows were struck at me - this was after the watch was gone. I had an umbrella, with which I warded off several of the blows, I believe they only used their fists. They drove me up against the left side of the gateway, and there was still three or four about me; they detained me there several seconds, I concieved myself in danger, which prevented my crying out at first. I called out Stop thief! while the person who took my watch was in my sight; he went down Halfmoon-street, the prisoner was one of the three who remained with me while I was being struck - as soon as I could I got from them, and ran after the man, who had got my watch, calling Stop thief! I had not entirely lost sight of him - he got away with it - he was in a light dress.

Q. Look at the prisoner, and say conscientiously whether you are positive he is one of the men, who hustled you - A. I have not the least doubt. I ran after the man who stole the watch, as far as the Halfmoon, in Halfmoon-street, and just as I got there several people came out of the public-house, who had heard the alarm - they said there was no chance of taking the man. Harding was one of them. On turning round as soon as I had spoke to them, I said,

"Here is one of them," seeing the prisoner. Harding immediately took him; he made no resistance; he was taken into the public-house, and cried and said, he was innocent. This was hardly five minutes after the watch was taken

Prisoner. Q. How do you swear to me - A. I looked particularly at him, and know him from the notice I took.

JOHN HARDING . I am a constable. I was outside the public-house, and saw Bruce come up, he was pursuing a man, he complained of being robbed of his watch, a person passed me close before he came up, the prisoner got behind the prosecutor, and was stopping him when I came up, and said, what is the matter; the prosecutor said, he was robbed of his watch, and the man had run away, but that the prisoner was one of the gang, he said so immediately; he was close to him. I looked in his face, knew him, and secured him.

Prisoner. Q. I was not before the man - A. He was stopping him from pursuing the man.

Prisoner's Defence. I was in Bishopsgate-street, and heard the cry of Stop thief! turned round, and saw the gentleman run on; I was coming up, a mob come out of the public-house, I came up, he looked hard at me, and said,

"You are one of them," and if I had not been in the way, he would have caught hold of some one else.

GUILTY . - DEATH . Aged 24.

Recommended to Mercy by the Prosecutor, and Jury.

London Jury, before Mr. Common Sergeant.

Reference Number: t18210912-63

FIFTH DAY, MONDAY, SEPTEMBER 17.

1108. GEORGE THORP was indicted for stealing, on the 8th of August , seven baskets, value 8 s. , the goods of Walter Hawkins .

SECOND COUNT, stating them to belong to Antonio Matthews .

JOSEPH FRYER . I am a constable. On the 18th of August, I went with Cole to Queen-street, and saw some baskets laying under a stall, at the corner of Queen-street, I took them from there, and the prisoner came back with a cart, he was pointed out to me by Cole - I went up to him, and asked if he wanted those seven baskets; he said, No; he wanted a halfpenny worth of pears of the girl. I said, I wanted him for stealing those baskets, he said, he knew nothing of them, they did not belong to him.

CATHERINE DWYER . I live at No. 16, Shorts-gardens, Drury-lane. I was selling pears at the stall, the prisoner came and asked me if he might leave the seven baskets, for ten minutes. Fryer and Cole came to me soon after; the prisoner came up and asked for the baskets - I said they were in a shop, at the cornor of the street; he asked who took them, I told him, that gentleman, pointing to Fryer. He was then with a cart, which went down Queen-street; another man was in it. Fryer, asked if he came after the baskets, he said, No, he knew nothing of them; he wanted a halfpenny worth of pears - he appeared to be in company with the man in the cart.

ANTONIO MATTHEWS . I live in Duke-street, Bloomsbury-square. I saw the baskets in the possession of Fryer. I never saw them before. I know Walter Hawkins . I do not know that they are his. He sent me some from France.

NOT GUILTY .

First Middlesex Jury, before Mr. Common Sergeant.

Reference Number: t18210912-64

1109. WILLIAM SWINEY BARNARD TURNER was indicted for that he on the 21st of March , feloniously did falsely make, forge, and counterfeit, and cause and procure to be falsely made, &c., and willingly act and assist in the said falsely making, forging, &c., a certain receipt, for the sum of 1045 l.; in the name of " John Penn ", with intent to defraud the Governor and Company of the Bank of England .

SECOND COUNT, for uttering and publishing as true, a like false forged receipt, with the like intent.

TWO OTHER COUNTS, stating his intent to be to defraud Joseph Starling .

MR. SERGEANT BOSANQUET and MESSRS. REYNOLDS and BOLLAND conducted the prosecution.

EDWARD SALISBURY . I am a clerk in the Navy 5 per

cent. office, in the Bank of England. The office is in four divisions, according to letters - I am in the division, L to R, inclusive.

Q. Turn to the ledger of the 20th of March, 1821, to the account of Sir Robert Peel , on the debit side of the account - A. I have no such entry.

Q. Read the entry on the debit side - A. The last entry here is 30th May, 1820; "O. Y. 86, to J. Bunn, No. 5281, 10,000 l." - this is in my writing.

Q. Is it all your writing - A. It appears to have been altered since I wrote it - when I wrote it, it was P. Y. to J. Penn, and the number was 1181; the date is affixed to a previous entry, not in my writing.

Q. Read exactly what was written by you - A.20th March, 1821, P. Y. 86, to J. Penn, 1181, 10,000 l. - this was what was written by me on 20th March, 1821.

Q. Now read the entry as it now is - A. "O. Y. 86, to J. Bunn, 528l, 10,000 l."; without any date - the date is erased I made the entry from the transfer book - O. Y. is the title of the transfer book - 86 is the folio - J. Bunn, is the credit name, and 5281 the number of the transfer.

Q. It was P. Y. and is now O. Y. - A. Yes.

Q. Will you produce the transfer book from which you made the entry - A. I have been obliged to answer you from memory, in consequence of the alteration, and have made an error; the original entry should be R. Y. the rest is correct.

Q. Now turn to R. Y. 86. - A. It it not to be found, this is the book in which it should appear, and in which it did appear to me, and from which I made the entry - it appears two pages (that is one leaf) has been taken out, and there appears an alteration in the folio; the following pages to 84 now stand 85 upon an erasure - and the subsequent folios appear to be altered as far as 93 - there is no alteration before 85 - the leaf 93 would not be the corresponding leaf to 85 and 86.

Q. What is the date of the transfer now in the book on the leaf preceding that which is taken out which is 84 - A.20th March, the date on page 85 is the 20th and 86 the 21st.

Cross-examined by MR. GURNEY. Q. When you speak of the state the entry was when made by yourself, are you speaking from any recollection of the fact - A. No; I speak from reference to entries in other books - I believe those entries are not made by myself; there are about fifty clerks in the office, all of which have access to the ledger occasionally - an entry of the transfer is made by other clerks into other books - each clerk acts as a cheque to the other - the entries are made the same day and chequed afterwards.

Q. And yet sometimes a mistake occurs - A. Yes.

MR. REYNOLDS. Q. How many clerks are there in your division - A. Eleven; the prisoner was one of those eleven, on the 20th March - the account of Sir R. Peel would be in that division and of Penn also.

COURT. Q. Is there one ledger for each division - A. There are several ledgers to each division.

WALTER PRIDEAUX . I am one of the clerks in the Navy 5 per cents. office, in the division, L. to R. It is my duty when a transfer is made, to open an account in the ledger for it, or to enter it into an old account if there is one open.

Q. Look at this ledger and see if you can find any account open by yourself to John Penn , Esq. Highgate - A. Yes; I have given him credit for 10,000 l.; I made the entry from the R. Y. transfer book, folio 86; I do not now find the transfer from which I made this entry.

Q. What is the number - A.4181 now, but it was not so when I posted it, it was then 1181 - there was no other account opened to John Penn of Highgate before.

Q. Now, to the best of your belief, was the entry you made correctly done, as you did it before - A. The number is altered' and the name, R. Peel, is altered and the date; the entry now is (reads) 1821, March 26, P, Y, 86, by R - (some name illegible on account of a blot, a pen has passed over part of it) No. 4181, 10,000 - It stood when I made it as follows - 1821, March 20, R. Y. 86, by R. Peel, No. 1181, 10,000 - I have searched for the transfer ticket to see if I could find any such transfer, on the 20th of March, 1821, but cannot.

Q. Explain what these transfer tickets are - A. It is a printed ticket for the purpose of having the name written on it - that is the name from whom the stock came, and to whom it is to go, and the sum - no transfer is made without having such ticket - it is necessary to have the transfer ticket examined to see if the person selling has such stock - the transfer may be entered in the book by the same clerk or another - the tickets, as soon as they are entered, are put on a file and kept, and in the afternoon put into the strong room - I have searched the strong room, and the bundle of tickets which should contain it, and cannot find it - there is no account in the transfer book of any transfer from Sir Robert Peel on the 20th of March.

Cross-examined by MR. ALLEY. Q. Part of the entry is blotted - A. There has been an erasure, and the figure 4 is substituted for 1. I know it should be 1. I cannot swear from recollection that I ever saw a I there, but I have no doubt of it. It was not my duty to take the ticket-file to the strong room.

MR. BOLLAND. Q. You find no transfer from Sir Robert Peel on that day - A. No, my duty is to post the credits in the account, and Salisbury posts the debits.

WILLIAM LEWIS . I am a clerk in the Navy 5 per Cent. office, in the division L to R; there is a book called the Primary, into which transfers made in the course of the day, are abstracted on the same day immediately from the transfer book; there is another book called the Duplicate of the same description, and there is another book called to Triplicate, of the same description, where the abstracts are made, from the transfer book immediately by another clerk, and when each clerk has made the abstract, both are compared at the close of the day. I have the Primary containing the transfers of the 20th of March, 1821. It is my duty to make out the abstract of the transfer into the Primary. I find here, an entry made by me on this day to Sir Robert Peel ; part of it is written by me, (reads) the entry now is "Sir R. Peel, to John Dean , 10,000 l." it looks like

"J. Dean," but Dean is written on an erasure; the word John, is my hand-writing, and the an at the end of the word Dean.

"Sir R. Peel" is written on an erasure. This entry was compared in the usual manner with the Duplicate in the evening. I and Mr. Campbell compared it, we always compare sums, and generally the names - one reads and the other checks.

Cross-examined by MR. C. F. WILLIAMS. Q. Whether the person reads correctly, you cannot judge - A. I only see that the book corresponds; the books are accessible

to all the clerks in the Navy five per cent office, but not to the clerks in other offices. Sometimes clerks in other offices come and look at the books, but they are usually desired to withdraw.

Q. Though it is your duty to compare the primary and duplicate, have you not known errors escape - A. Yes.

SAMPSON BARKING CAMPBELL . I am a clerk in the Navy 5 per cents office, in the division L to R, and was so on the 20th of March. I made entries in the Duplicate of this date; they are made from the transfer book - there is also a book called the Primary. I compare the Duplicate with the Primary; here is an entry in the Duplicate for the 20th of March, 1821. "Sir R. Peel, to John Penn of Highgate, 10,000 l;" the 20th of March is the date at the head of the book for the day - there is no date to this particular article, there are about eighteen more entries belonging to this day - the date of the subsequent entry is the 20th of March.

Q. You made the entry in the duplicate from the original transfer book, was it your duty to compare that entry in the duplicate, at the end of the day, with the entry made by a clerk in the primary - A. I made that comparison.

Cross-examined by MR. ADOLPHUS. Q. This entry is in your writing - A. Yes, the primary is examined at one time, and the duplicate afterwards; we never take the entries from the primary and the duplicate at the same time - it is not our general practice, I have known an instance or two of the kind, I think about two.

Q. If that occurs, may it not also occur that the writer of the primary recites the entry, and you take it from him - A. Never; we read them in the evening, the duplicate clerk reads, and the primary clerk looks at his book; the primary clerk does not read again, and the duplicate clerk examine - we always read the names and sums.

Q. Always - A. Previous to the beginning of last February, we had at times omitted it, and only read the figures, but after that, in consequence of a representation from the principal of the office, that was discontinued, and I think never happened again.

MR. REYNOLDS . Q. Are you sure you put down in the duplicate book, what you found in the transfer book - A. I am, most certainly. I can take upon myself to say, that on the evening of that day. I faithfully read over what had been written to the clerk who had the primary.

JOHN BAKER MANSFIELD . I am a clerk in the Navy 5 per cent office, in the division L to R. I turn to the ledger containing Sir R. Peel's account, and find there is an entry of 14,759 l. 1 s. 5 d. on the 12th of April, 1820, it stands so now. The entry I made was, 4,759 l. 1 s. 5 d.; somebody has inserted the figure 1 before it.

Q. Look at the original transfer - A. Here is a transfer of 4,759 l. 1 s. 5 d. on the 12th of April, 1820; it was from this that I made the entry in the ledger.

Cross-examined by MR. GURNEY. Q. You have been a considerable time in the same office with Mr. Turner - A. I have, and was 95 l. in his debt at the time he was charged with this offence. I had been in his debt a few months.

Q. He had not called on you to pay it - A. He lent it me at Christmas, it was to be paid at stated periods; the first was in March, which was paid - he had lent me more.

Q. I believe you were in the office when the prisoner was charged with this - A. I was in the office when the discovery was made, not when any one was charged with it The prisoner went away at the usual time on that day, between three o'clock and half past three. I know nothing of his going away till the usual time, but when the other clerks went, he was gone.

JOHN EXETER . I am a clerk in the 4 per cents office, E to K; my duty is to supervise the transfers in the Navy 5 per cent office, from L. to R.

Q. Have you any recollection of supervising a transfer of Sir R. Peel, in March last - A. I have some recollection of it; a particular circumstance makes me remember it. I remarked at the time, that a great man had been there.

Cross-examined by MR. ALLEY. Q. You do not mean to swear there was such a thing, but you have some recollection - A. No, I cannot swear it.

THOMAS CHARLES FRANCIS . I am a clerk in the Bank Navy 5 per cent. office, in no division. I am employed on powers of attorney, my duty is to examine powers of attorney, when they come in and enter them in ledgers kept for that purpose, to compare them with the accounts, and put them round to the different divisions, when passed according to the letters. John Trotter is employed in the same business.

Q. Have you examined the ledgers of powers of attornies, of the 20th of March, and did you find any from Sir R. Peel - A. Certainly not. The powers of attorney are lodged at the Bank after execution - I have searched all of them; there is no power of attorney for Sir R. Peel.

JOHN OSWELL TROTTER . I am a clerk at the Bank, and belong to the powers of attorney in the 5 per cent office. My duty is to enter the powers of attorney in the ledger, examine them with the accounts, and see they are correct. I have examined the ledger for the 20th of March, and can find no entry of power of attorney from Sir R. Peel. I have looked for the original power of attorney, but can find none.

CHARLES NORRIS . I am chief clerk in the Navy 5 per cents. I have the appearance book of the 20th of March, in the letters L to R; all the eleven clerks were there, the prisoner being one; every clerk enters his name as he comes in the morning - they are John Hatchet , John Barker Mansel , William Lewis , William Henry Price , Walter Prideux , Edward Golledge , Charles Beard , John Stevens , Edward Salisbury , and Sampson Barking Campbell, and the prisoner.

Q. It was the duty of these clerks to witness transfers, which come into the office that day - A. It is the duty of all of them as occasion requires, to witness transfers.

Cross-examined by MR. WILLIAMS. Q. Have you any recollection of Mr. Turner having leave of absence for a fortnight - A. From the 20th to the 30th of March, he was present. I recollect his having leave of absence to go to Hastings for about ten days, from the 21st of April to the 7th of May, inclusive. I have had a private acquaintance with him for three years and a half, and formed a very high opinion of him.

J. B. MANSELL. I did not attest any transfer from Sir R. Peel, on the 20th of March for 10,000 l., nor make any alteration in any of the books relative to that sum.

WILLIAM LEWIS . I attested no transfer of 10,000 l. from Sir R. Peel, on the 20th of March, or make any alteration in the books.

EDWARD SALISBURY . I attested no transfer by Sir R.

Peel, on the 20th of March, nor made any alteration in the books. I know no James Smith , a broker in the Rotunda, and have not been in the habit of receiving him to identify persons.

WILLIAM HENRY PRICE . I attested no transfer by Sir R. Peel, on the 20th of March, nor made any alteration in the books. I know no person named James Smith , a broker. I have not been in the habit of receiving James Smith to attest transfers at the office.

SAMSPON BARKING CAMPBELL . I know no James Smith , a broker, and have not been in the habit of receiving him to attest transfers. I attested no transfer by Sir R. Peel, nor make any alteration in the book relative to the transaction; in copying it, I made it 1000 l. instead of 10 in the duplicate book, but altered it immediately. I made no alteration in the transfer or primary book.

JOHN HATCHETT . I attested no transfer by Sir R. Peel, in March, and made no alteration in the books.

WALTER PRIDEUX . I attested no transfer by Sir R. Peel, nor made any alteration in the books about him.

EDWARD GOLLEDGE . I attested no transfer by Sir R. Peel, nor made any alteration.

CHARLES BEARD . I attested no transfer by Sir R. Peel in March, nor made any alteration in the books.

JOHN STEVENS . I attested no transfer by Sir R. Peel, in the month of March. nor made any alteration in the books. It is the duty of clerks in the division to attest transfers.

ROBERT BEST , ESQ. I am secretary to the Bank of England. I have a book which contains an order of the Court of Directors.

(read)

"28th of June, 1821. - Ordered - That the sum of 10,000 l., Navy 5 per cent annuities, be replaced to the account of Sir R Peel, of Drayton Manor , Staffordshire, Baronet, the sum having been transferred from the said account," (for reasons there mentioned.)

Cross-examined by MR. GURNEY. Q. When are the dividends generally paid - A. On the 5th of July.

BENJAMIN COLE , ESQ. I am broker to the bank.

Q. Be so good as to look at these papers; they appear to be purchases by you as broker - A. Yes; of 10,000 l. 5 per cent annuities, in the name of Sir R. Peel, Bart. - this is the broker's note and stock receipt for the purchase - I bought the money for the bank, to be transferred to the credit of Sir R. Peel, on the 3d of July, 1821 - this was before the dividends were paid - I paid for the stock with the money I received from the bank for that purpose, and delivered the stock receipts to the bank.

JAMES WINN . I am a clerk in the Navy 5 per cents. office. I turn to the transfer of the 3d of July, of 7,000 l.; also 200 l. and 2800 l.; they were transferred before the dividend I witnessed the transfer of the 7,000 l.

SIR R. PEEL, BART. I live at Drayton Manor , Staffordshire. I was there on the 20th of March, and not in London; I did not on that day transfer 10,0000 l. Navy 5 per cents. there from my name to John Penn of Highgate, nor authorize, by power of attorney any transfer to be made.

MR. JOSEPH STARLING . I am a stockbroker. I know the prisoner; I saw him on the 21st of March last - on that day at one o'clock, Mr. Turner (the prisoner) came to me in the bank, and asked me the price of Navy 5 per cent. stock - having told him it was 104, he said he had 1000 l. to dispose of, I desired it might be transferred to me - I agreed to purchase it - we then parted, he went towards the 5 per cent. office, About the close of the day I saw him again in the office (about three o'clock;) I had business in the office - he gave me a receipt, and I tendered him my check for the amount; this is the check (looks at it) on his giving me the receipt, I saw an error in it - I returned it to him, saying, there was an error of 5 s. in it - the receipt states the price the stock was sold at; it was calculated at 5 s. too much, he struck his pen through it, and gave me the receipt as it now stands - I gave him the cheque before I saw the mistake - I cannot speak to his writing to a certainty; I have seen him write but seldom, I believe the filling up to be his writing.

Cross-examined by MR. ALLEY. Q. Before he gave you the stock receipt, did you give him the cheque - A. I cannot say; I think it took place at the same moment.

MR. SERGEANT BOSANQUET . Q. Did any broker transact the business with you - A. No; I saw no James Smith in the transaction - I left it to him to get the transfer made - bank clerks constantly do act as brokers, but it is against the rule.

CHARLES NORRIS re-examined. Q. Turn to the transfer book of the 21st of March, 1821; is there any transfer to Mr. Starling of that day - A. Here is a transfer from John Penn of Highgate, Esq. of 1,000 l. to Joseph Starling , of the Stock Exchange, gent. - it is witnessed by William Turner ; it is the hand writing of the prisoner, I have no doubt - I am well acquainted with his writing; the name of James Smith stands as witness to the identity of Mr. Penn - I cannot say whose writing the name J. Penn is.

Q. In the course of business, ought it to be in the writing of the person who filled up the transfer - A. It ought to be; Campbell filled it up; it is not absolutely necessary that a broker should be a witness to identify, but it should be a broker, or a person well known - the witnessing clerk should not receive an identity, unless he well knew the person witnessing it - it was Campbell's duty to insert Penn's name in, as he is the entering clerk, it is his duty to fill up the transfer; he has entered the transfer.

COURT. Q. Campbell filled up the body of the transfer and ought to have added the name of John Penn - A. It is certainly the regular mode; and it may be his writing, for I do not know his hand very well - I know no James Smith a broker at the bank.

Q. Take this receipt in your hand, and say whose writing is the filling up - A. The witnessing is the prisoner's, and I am inclined to think the filling up is the same; I believe so, but am not so confident of that as the signature.

Cross-examined by MR. ADOLPHUS. Q. Is it not absolutely necessary for a broker to attest identity - A. No; it is the entering clerk's duty to enter the name of the person making the transfer, but it is too often omitted.

Q. If a person came with a difficult name, would it be at all unusual to leave it to the broker to insert it - A. It is done sometimes, it is often the case that the broker does insert it, where it has been omitted by the entering clerk.

MR. REYNOLDS. Q. Is not the entry made from the transfer ticket - Yes; the entry in this book does not depend on the second, but is taken from the ticket; the name

transferring is in the body of the transfer, and that is taken from the transfer ticket.

S. B. CAMPBELL . Q. Look at the entry of the transfer, it is entered by you - A. Yes, the name John Penn is in my hand-writing, I made it from the transfer ticket, when I have done that, all my duty is performed - it would be against orders for me to witness it.

COURT. Q. You made out the transfer from a transfer ticket - A. Yes; I received it from the clerk, whose duty is to pass the letter P.

EDWARD TAYLOR . I am clerk to Messrs. Sansom and Postlethwaite. Q. Look at this check, and say if you paid it on the 21st of March. and how - A. I have an entry in my book; I paid on the 22d of March, a check of this amount for 1045 l. in these notes: - (here the witness handed in a list of notes, among which were the following: - No. 3,748, 10 l., dated 29th December; No. 14,334, 10 l., dated 27th February; No. 17,144, 40 l, dated 27th January; No. 4,821, 40 l., dated 23d February; No. 14,040, 14,041, and 14,042, 50 l. all dated 27th February; No. 10,143, 100 l., dated 27th February; No. 9,751, 100 l., dated 23d February; No. 9247. dated 22d February, 100 l.; No. 12,276, dated 27th October, 100 l.; No. 11,237, 100 l., dated 5th March) it was to Starling's account.

Q. Did you pay any check of that amount, on the day before or after - A. Not that I know; it does not appear so in this book, the check is cancelled by me.

WILLIAM WESTERN . I am a clerk in the 5 per cent. Consols office. On the 27th of March, I received 550 l. from the prisoner in one 300 l. bank note, two of 100 l., and some smaller bank notes - I paid the same notes to Mr. Harman, a stockbroker on that day.

SAMPSON BOYCE HARMAN , ESQ. I am in the house of Harman and Co. I received from Western on the 27th of March some notes, I think I marked them (looking at some) I have no doubt of these being the notes; here are three of 100 l., No. 9,751, dated 23d February; No. 9,247, dated 22d February, and No. 10,143, dated 27th February.

Cross-examined by MR. GURNEY. Q. He gave you no 300 l. note - A. I rather think he did, I marked them

"Western, 27th March"

WILLIAM WESTERN . I paid Mr. Harman 707 l. as near as I can recollect; I gave him all the 550 l. which I received from the prisoner, and the rest were Bank notes of my own - I think I received no other money of the prisoner; it was the balance of an account - I did not mark them.

COURT. Q. Can you recollect how the 157 l. of your own was made up - A. I think there was a 100 l. note of my own.

RICHARD NIXON . I am deputy receiver-general for the county of Middlesex. On the 5th of April, I received 1500 l. from the prisoner; on the 6th, 1500 l,. and on the 7th, 2100 l. - the payments were made in a great number of bank notes, of different amounts; I paid them all into the hands of Sir William Curtis and Co. bankers, within ten minutes of the time I received them, on each day - I paid the identical notes in.

Cross-examined by MR. GURNEY. Q. Did you make any other payment to your bankers on those days - A. None.

WILLIAM BLACKETT . I am clerk to Sir William Curtis and Co. Mr. Nixon keeps cash at our house; I turu to his account, and find an entry of my writing on the 5th of April, of a payment, among which are the following notes; - No. 4821, dated 23d February, 1821; 40 l., No. 14,040, dated 27th February, 1821; 50 l. No. 14,041, and No. 14,042, 50 l., dated the same.

JAMES THOMAS THOMAS . I am in the house of Aughtie and Co., stock-jobbers. On the 27th of March, I had a transaction with the prisoner, and paid him some money - I received 300 l. from him some time in March - I think there was one 200 l. and one 40 l. note, if not two; it is very likely that I paid them into Ladbroke's, our bankers.

Cross-examined by MR. GURNEY. Q. I suppose you pay all monies into your bankers - A. All I receive, it is not impossible that I may have paid it to some other person.

JOHN ALLSAGER . I am clerk to Messrs. Ladbroke's. Haughtie and Co. keep cash there - on the 27th of March, we received a variety of notes and cheques from them (looks at a 100 l. note, dated 5th March, 1821, No. 11,237, and No. 17,144, 40 l. dated January 27, 1821.) these are two of them.

THOMAS MOSE . I am a clerk in the 3 per cent. reduced office. On the 23d of March, I received some money of the prisoner; I only know the particulars of the notes from my book which I have not got - I know he paid me 131 l. 12 s. in March, but cannot speak to the day - I paid a 100 l. note of it into Sir William Curtis 's, my bankers, and three 10 l. notes to Mr. Straughan of Cheapside.

Cross-examined by MR. GURNEY. Q. Do you recollect paying the same notes to them, or do you speak from your books - A. I have a perfect recollection of receiving the money, and find it was paid to Messrs. Curtis's. I will take upon myself to say that I paid them the same 100 l. note that I received from Mr. Turner, but the exact day, I do not know. I very probably I paid in more than one 100 l.

WILLIAM BLACKET re-examined. Mr. Mose is a customer of ours. I know nothing of his 100 l. note, he paid me no money.

THOMAS MOSE re-examined. Q. Look at these 10 l. notes; have you any entry of them - A. None, here is

"Turner" on them, which Mr. Straughan endorsed at my request.

MR. ROBERT STRAUGHAN . I live in Cheapside. Mose made me a payment, these two 10 l. notes are what he paid me (looking at them.) They are Nos. 3748, dated 29th December, 1820; and 14,334, dated 27, February, 1821.

JOSEPH KAY , ESQ. I am solicitor to the Bank. On the 9th of May I saw the prisoner at the Bank relative to the entries made in the books. The transfer book containing all the transfers made in the name of John Penn , of Highgate, amounting altogether to 10,000 l. 5 per cent. were produced and shewn to him. I think only the transfer book was produced. The Governor, Deputy-Governor, Chief Cashier, and myself were altogether. The prisoner was sent for by Foy, the police officer; he came there about five o'clock, he was not at the Bank at the time the irregularities were discovered. He was sent for about three o'clock, Norris and Foy went for him to his house at Walworth. The first transfer that was turned to after he came into the Governor's room was that of the 21st of March, 1821; to Mr. Starling for 1000 l. On turning to it I asked

him who Mr. J. Smith was, by whom the name of John Penn purported to be identified. I asked his name he said James Smith , that he was of the Stock Exchange, but not a member, that he attended at the Rotunda - that he did not know where he lived - he knew him only as attending the Rotunda - that he was a young man, about thirty years of age, and that he had accepted his attestation of identity before, but that he did not know where he resided or might be heard of. I then turned to the transfer of the 23d of March, 1821, of 1800 l. 5 per cents. from John Penn , Esq. to Joseph Aldridge ; it was attested by the prisoner, and identified by J. Smith, who he said was the same James Smith . He was then asked some questions respecting Mr. Penn, who he was; he said Mr. Penn appeared to be about fifty years of age, he had known him by sight two or three years; he had been introduced to him as John Penn . but he did not recollect by whom or where; he did not know whether he had any transactions in the funds previous to these, and that Smith came to identify Penn as his broker; that Smith had transacted business in the 5 per cents. in his (the prisoner's) book before; that he knew him as a respectable and responsible broker, and he thought Smith was known to Mr. Campbell and Mr. Salisbury, clerks in the office. We then turned to the other transfers from Penn, making together 10,000 l., and on the name of John Penn signed to them, some of the transfers are blotted over by ink, they are all witnessed by the prisoner and Smith; he was asked as to the blots that were on several of the transfers - he said the blots on the signature of Penn were not there when the book went out of his hands; he had no recollection of any such - had they taken place before the transfers were signed he should have required their being made over again. He was asked if there were stock receipts? he said there were stock receipts on each transfer which were written by him. He was then asked as to Penn's residence, and said he had no knowledge of it except by the description in the account and the transfer, but had known him by the name of Penn, and as a man of good property, but never visited him - he considered Penn as a man who had made his fortune, and who was making the most of his property. He was Smith last week, but could not give any traces to find him. The stock had been standing in Penn's name only a short time; that he did not recollect whether he witnessed the transfer into his name or not. He was then further questioned by the Governor and Deputy Governors respecting Smith; he said I have known Smith four or five years or more, but was never in his company in private. I think Price, Campbell, and Salisbury knew Smith. Smith was regularly in the habit of attesting transfers. I have generally seen Smith in the middle of the Rotunda. He was then asked by the Chief Accountant whether Smith had a box in the Rotunda, as some persons who attend the Rotunda have; he said I think he has not a box with his name on it in the Rotunda. It was then observed to him that the name of John Penn to several of the transfers was signed differently, that they did not all appear one signature - he said he had observed the variation of signatures by Penn when the transfers were made, but knowing him to be the same individual he did not object to it. He was then ordered to withdraw - but recalled in a few minutes, and informed that he could not be permitted to return home, but could send a note to his wife, and must remain under the care of Foy, a police officer, untill next morning; he sent a note to his wife.

Q. Did you afterwards see him again - A. This passed on Wednesday, the 9th of May. I saw him again on the Saturday, in St. Bartholemew's Hospital - he sent for me, he was in bed, wounded; I told him I understood he had sent for me, he said, Yes; he had, and that he felt that circumstances, and appearance were very much against him, that he wished to see me, and make some communication to me; I told him, I could not receive any confidential communication from him, and that he knew my situation, and that whatever he stated, I must communicate again to my employers, and also elsewhere if necessary. He then said, that he had been ill-advised, misled, and defraudd, by a set of d - d rascals, by whom he had lost a great deal of money. I said, how can that be Mr. Turner, when it appears you have sold out all this stock, and received the benefit. I am not quite sure whether I mentioned the amount, he referred to Penn's stock; to the transfer. He was anxious he said, to explain the circumstance of the transfer. I said how can that be Mr. Turner, when it appears you sold out all the stock, and received the money for it. He said he did. I then said, what have you done with the money. He said, he paid it to that rascal Penn, I said Mr. Turner you know as well as I do, that there is no such person as John Penn ; he made no answer to that but remained silent for a moment or nearly, and then changed the subject, and said, he had been very much misled, ill-advised, and defrauded, by a man of the name of Samuel Turner , who had recently absconded. I said Yes, Mr. Turner, it appears by a book found at your house, that you had large time transactions with him, in the funds and that you paid him very large difference; he said, he had; he then urged me to permit him to be removed from the hospital, to his own house. I told him, that could not be; for I was afraid when he was removed, it must be to a place of confinement. I asked what could make him so desperate, as to leap out of a two pair of stairs window, as nothing had been said to him, about being committed to prison, he said if I knew the distress and anguish of mind he was in, I should not be surprised at that.

Cross-examined by MR. ADOLPHUS. Q. At this time he was under great pain and in bed - A. Certainly.

JOHN JOSEPH DRAKE . - I am collector of taxes for Highgate, and have been so about twelve years. I do not know any John Penn , of Highgate; no such person was there in March or April to my knowledge. It is my duty to go from house to house all through that part of the hamlet, which is in Hornsey parish.

Cross-examined by MR. ADOLPHUS. Q. The other part is in the parish of St. Pancras - A. Yes. I do not collect there; I know the lodgers, as the housekeepers are bound, under a penalty to return the names of lodgers liable to be assessed for horse duties and servants; I only know them from the returns of the housekeepers.

Q. If housekeepers omit to return them, or they are not there when the paper is left, you would not know them - A. That may happen.

MR. REYNOLDS. Q. Is it your duty to make enquiry

where there are lodgers - A. I certainly do make enquiry for matters of trade.

NATHANIEL SIBLEY . I am postmaster of Highgate, both for the two-penny and general post-office, and have been so for sixteen months; I know no person there answering the description of John Penn , Esq. or any such name living there at any time; my delivery extends all over the hamlet.

JAMES FRANKS . I have been letter-carrier of Highgate five years; for the whole of Highgate, except Southwood-lane; I have no knowledge of the name of John Penn , Esq., or any such name living there at any time.

JOSEPH FURNIE . I am one of the letter-carriers of Highgate; I deliver in Southwood-lane and the lower part of the town, and have been so for eleven years. I have no knowledge of the name of John Penn in any part of Highgate. I live in Southwood-lane, and am a native of Highgate.

THOMAS OSBORNE . I am a butcher and live at Highgate, have lived there about sixteen years, and have been engaged in making out returns of persons, living in Highgate, for the Militia; I receive the returns from the lower part; I know no John Penn .

JAMES COLLINS . I am a stone-mason and live at Highgate, and have lived there ten years, and have been engaged in making out returns for the Militia for the upper part; I know no John Penn .

ROBERT BENNET . I have been beadle of Hornsey nine years, and live at the extremity of Highgate, northward. I never heard of John Penn .

THOMAS DRINES . I have been parish clerk of Hornsey eleven years, and live in the village, near the church. I never heard such a name as John Penn .

JAMES BATTEN . I am one of the porters of the Bank, and attend at the Rotunda; Samuel Smith is the other beadle, I have been there fourteen years.

Q. During all that time have you been acquainted with James Smith , a broker or jobber attending the Rotunda - A. Not for several years. I know all who attend there regularly; one James Smith used to come there; he has been dead several years.

Cross-examined by MR. ALLEY. Q. All your information is derived being desired to call out for such a person - A. Yes; there are some seats which have names on them, and some have names on their books which lay there. I know all who attend regularly; there are a great many.

SAMUEL SMITH . I am the other porter who attends the Rotunda; I know no James Smith who attends there, either as a broker or jobber; I have been porter there eleven years. There was an old gentleman used to attend the Stock Exchange; he has been dead four years.

JOHN FOY . I am an officer of Marlborough-street. On the 9th of May, I took the prisoner in charge and took him to the Bank, and from there to the Crown Tavern, Clerkenwell-green, and arrived there about five o'clock in the afternoon; he was to remain there all night, and occupied a room in the upper story of the house, and I had the adjoining room. I was alarmed during the night, and threw up the window and saw Mr. Turner lying on the pavement in the street; I went down and found him much injured. After that I went into the room he was in, and found the bed clothes off the bed, and fixed to the legs of a chest of drawers; the quilt, sheets and blankets were knotted together and thrown into the street.

Cross-examined by MR. GURNEY. Q. You were sent to his house at Walworth - A. Yes, and found him there; he accompanied me to the Bank readily. I had no warrant.

MR. SERGEANT BOSANQUET. Q. Did he know for what purpose you came - A. Mr. Norris told him.

GEORGE OLDFIELD . I am clerk at Messrs. Curtis and Co., bankers. I turn to my book, and find an entry in my writing, made at the counter, by which I find that on the 23d of March Mr. Mose paid me a 100 l. note, No. 12,276, dated the 27th of October.

WALTER PRIDEAUX re-examined. I have known the prisoner seventeen years, and have had frequent opportunities of seeing him write, and know his hand-writing. I have seen him write large as well, as small hand, we have written together - I have seen him open accounts.

Q. Look at these receipts and say whose hand-writing do you believe the filling up to be - A. The prisoner's; it is very like it. I believe the attestation " William Turner " to be his, I have no doubt of it. I also believe the signature, " John Penn ," to be his.

Q. Now turn to the Primary; to the short abstract, do you see any entry there - A. Yes, (reads) Sir R. Peel to John (something illegible), the word Sir is considerably like his writing, but it is written on an erasure; there is nothing in the ledger entry to enable me to speak to the writing.

Q. Now turn to the transfer of the 21st of March, from Penn to Starling, look at the name of William Turner attesting - A. I believe that to be the prisoner's writing; the witness to the identity, J. Smith, or the signature, John Penn . I cannot speak to.

Q. Now look at the transfer of the 23d of March, it is witnessed W. Turner - A. That is the prisoner's writing; I cannot speak to the signature J. Smith; but I think the signature J. Penn to be the prisoner's writing.

Q. Now turn to the transfer of the 27th March, of 1800 l. in the name of Henry Neal - A. This is witnessed W. Turner, in the prisoner's writing. I cannot speak to the signature, J. Smith; but believe the signature, J. Penn, to be the prisoner's writing; there is another transfer on the same day of 1200 l. to Toms, it is witnessed W. Turner, in the prisoner's hand-writing. I cannot speak to the signature of Smith, but the name of John Penn , I believe to be the prisoner's writing.

Q. Now on the 3d of April, there is 100 l. transferred to R. J. Cooper, and 1900 l. to Harman - A. They are witnessed W. Turner, in the prisoner's writing; they are identified together by Smith; I cannot speak to his writing, nor to the word John Penn in either of them.

Q. Now turn to the two transfers of the 17th of April, of 2,000 l. and of 200 l. - A. I can only speak to the attesting signature being the prisoners; I know nothing of the signature of Penn or Smith; I know no person of the name of Smith; I have searched to ascertain whether any person of that name has identified transfers previous to the 23d March, and found one which has been identified six or seven months since, but the signature bore no sort

of resemblance to this. I do not know how far back I searched; it is the only identification by Smith that I found. I found it three months ago, but do not know when it was made. I have searched for the transfer ticket of the entry of the 21st of March, in the proper place; I do not recollect whether I found it, but all I found I gave Mr. Norris. I searched for all the transfers of this transaction.

Cross-examined by MR. GURNEY. Q. Mr. Turner has been in the Bank eighteen years - A. I have been there seventeen years, he was there before me; other clerks may, or may not, be as well acquainted with his handwriting as me. I have seen him write numbers of times.

Q. Have not every one of you been asked in the office if you could make out whether the name of J. Penn was in the prisoner's writing - A. I have heard some asked.

Q. William Turner , on the stock receipt, is his ordinary writing - A. I will not say it is; it is the way he generally signs receipts.

Q. Is the filling up his ordinary writing - Yes; I believe John Penn to be his writing.

Q. If you were shewn this name, John Penn , without knowing any thing that had passed, and were asked whose hand-writing it was, you would have said, you believed it to be the prisoner's, would you - A. I cannot go so far as that, I speak from the similarity it bears; if I had seen it entirely detached from Bank business, I should not.

Q. If it was shewn to you attached to a Bank receipt without any thing more, should you have said it was his writing - A. Without his name being mentioned to call him to my recollection I should not. If it had been made in the ledger and I had been asked whose writing it was, I should have said Mr. Turner's, from its resemblance to his writing. I have not been blamed about the business. I entered the account to John Penn .

Q. I must ask you this question, on what book have you been sworn - A. On the New Testament.

Q. Do you believe in it - A. I so far believe it as to govern my conduct by the principles it contains.

Q. I ask do you believe it - A. I do not know how to answer your question, in what way?

Q. Do you believe it to be a revelation from God or not - A. From its tendency to do good I believe it - I believe it to come from persons inspired by God.

Q. Have you not often denied it - A. Not to my knowledge - I cannot say that I have or have not said I did not believe in it or in a future state. I have not to my knowledge.

Q. Have you not said you did not believe the New Testament or the Christian religion - A. Not in that unqualified way. I have said I did not believe particular doctrines.

MR. SERJEANT BOSANQUET. Do you or do you not believe in a future state of rewards and punishment - A. Yes.

MR. NORRIS. I have received the transfer tickets from the last witness, and handed them over to Mr. Kay or to the chief cashier.

(The stock receipt was here put in and read.)

MR. STARLING re-examined. I sold the 1000 l. stock and transferred it most likely the next day and received the produce.

MR. CAMPBELL. I keep the duplicate book, I always understood that it is deposited elsewhere, and the Primary is locked up in the strong room; both are in the office during the day, the Primary lays on the desk.

Prisoner's Defence. Having been apprized that to person's standing in my forlorn situation a statement from counsel was not allowed, I have committed to paper such topics of defence as my mind was capable of suggesting, under such an awful visitation.

The case submitted to the Bank Directors was one undoubtedly of suspicion, and they have considered this investigation to be their duty; but I place unlimited confidence in the impartial wisdom of a British judge, and in an enlightened and considerate jury; therefore with you, Gentlemen, I trust suspicion will not operate, nor prejudice find place; that you will act on nothing but clear and satisfactory proof, before you doom me to a cruel death, and my wretched family to want and degradation. Gentlemen, you must see that to prove my perfect innocence is not possible, because the only witness who could have done so - the man for whose iniquities I am standing here, has fled from scrutiny; but I can prove to you that all the probabilities are at utter variance with the supposition of my guilt, and that though I may have been careless, incautious, and credulous; I was not a criminal, and ought not to be a victim. During eighteen years I have been a faithful servant of the Bank, and in the riots of 1780, my father, Sir Barnard Turner , was the means of preserving its treasury from plunder, so that my attachment to the Bank might be said to be hereditary; but I ask no indulgence on that account, it entitles me to none, if guilty. I seek acquittal only on the ground of my innocence. Gentlemen of the Jury, the way in which I was entrapped into this melancholy situation is plain and simple. I was applied to by one of those, who under the guise of gentlemen infest society and prey upon the credulous, for the loan of money, which he had no doubt discovered I had at my command. For this he offered me a valuable consideration, and in answer to my demand of security he referred me to a credit which stood in his name to the amount of 10,000 l. upon the Bank books. He said he had family reasons for wishing it to appear there in his name, at least for a little longer; and described himself as a man of substance resident at Highgate. His account was plausible, his terms liberal, his appearance above suspicion, and without the over cantion of an enquiry at Highgate, I waited until an inspection of the books the next day should assure me of my security. If I had any suspicion, which unfortunately I had not, this inspection was sufficient to remove it. I there found in his name, the actual entry and investment to which he had referred me. I had no doubt of its authenticity - as an original account it appeared regular, and as a new account opened in the stock ledger, in consequence of transfer, as turns out to be the case. I could have no suspicion, because I knew that before any new account could be thus opened the transfer must have been inspected by the clerk who opened it, and that such transfer must have been posted, not by me, but by two clerks under pain of suspension There, however, Gentlemen, stood the credit regularly entered by Mr. Prideaux, in the stock ledger, there it stood in black and white, and I had just as much reason

to suppose that the whole book was a forgery, as that this credit so presented to me was fictitions. I advanced the sum required without any further scrutiny. I could not doubt the evidence of my senses, and thus begun those pecuniary transactions which have ended in this miscreant's flight, and in my most calamitous, but guiltless embarrassment. To no purpose should I detail to you the various devices by which an accomplished swindler, such as he appeared to be, led me into the maze of his money transactions. For some pecuniary advantages which he held out, and, to do him justice, uniformly realized, I became his agent in the sale and transfer of the stock. Gentlemen, if it be asked, why I continued his agent in these sales? the answer is most obvious, I occasionally repaid myself out of the proceeds, the particular sums which from time to time I had advanced to him, and thus enabling me to be my own paymaster. I returned to him whatever there was of surplusage, and this fact accounts for many of the Bank notes which were the produce of the stock sold, being traced to my possession only, and not to his. And now, gentlemen, give me leave to ask you by what right could I have suspected Mr. Penn? When I found his account opened by Mr. Prideaux, the stock in his name correct, his transfers regular, his receipts correct, his remuneration to myself, liberal and punctual, and no taint whatever in his pecuniary transactions! By what right or title could I have suspected him? It is suggested against me that the entry in his name is altogether a fictitious one, because the original transfer upon which it is founded, was in itself fictitious, that such original transfer was forged by me, and that the leaf containing that forged transfer from Sir Robert Peel to Penn, was torn out by me. Gentlemen, if the account opened to Penn's credit in the stock ledger had been opened by my hands, there might have been some colour for the accusation - but it was not. It was confessedly opened by Mr. Prideaux, and he could not, or should not have so opened it until he saw that the original transfer on which it is founded had been regularly executed, and in raising the credit to Penn, he must, or should have been assisted by another clerk. This is the strict and imperative rule of the establishment. The book out of which a leaf has been torn, is a public book, a book of constant reference - it was subject to the daily reference of nearly fifty clerks, it was accessible to the whole office. Two months had elapsed from the date of the supposed transfer from Sir Robert Peel to Penn, to the day of the discovery; during all this time, with the exception of ten days, I was in daily attendance, and during those excepted ten days, I was on leave of absence on the sea-coast, where there was ample opportunity for escape, if I had been guilty. The imputed scheme had been successfully executed, the transfers had been made, the stock sold, the receipts open, the money realized, and a few hours would have put me beyond all fear of danger. But how did I act? I remained publicly at Hastings during my leave of absence, and then deliberately returned to the Bank - the scene of inevitable detection, had I been guilty. Would not any man who had such a consciousness have profited by such an opportunity? vessels in abundance, the French coast in sight, the imputed plunder safe in my possession. Is it credible that any man in his senses, that any man capable of the deep contrivance which this fraud imputes, would have thus surrendered himself and liberty, and rushed into the jaws of inevitable destruction. Will it be said, that I hoped the case might be kept secret? Secret in a public book! Secret, in an establishment where observation never slept! Try it however by the most unerring test, I was actually, I had almost said, providentially present when the discovery was made. I appeal to every one in that crowded office, was there any thing about me of peculiarity or embarrassment, any change in my manners, any variation in my countenance, any of the unequivocal, unavoidable accompaniments of guilt? did I not remain even twenty minutes beyond my time, I, who if I was guilty must have seen, in the event of discovery, a certain death! But conscious of innocence, I felt no fear. I returned, as usual, to my own well known habitation, and there I remained, accessible, as usual to every visitor. Was this the conduct of a guilty man? Examine my conduct still further. It is alledged that I tore away the missing leaf, and that to this, I trusted for security; why then did I not destroy the other leaves, in which the suspicious transfers were inserted? the leaves which contained the only evidence against me, the leaves which once removed place me beyond the reach of accusation. I, who they say forged them, I who had them in my power, I who trusted as they say, to this method of evasion. But gentlemen, it must occur to you to enquire, had I any temptation to this crime? was I in any pecuniary embarresment? far from it - my income from the Bank, was in itself a competence. I succeeded on the death of my mother, two years ago, to 2000 l. I received with my wife, only last year, upwards of 5000 l., and with this increased income, my mode of living was nearly the same, I remained in the same house, I owed no man a shilling, and three clerks in my department had been for months, and were at the time of my alledged criminality, my debtors to the amount of nearly 400 l.; so that, I, with abundance in possession, with unclaimed money due, without a debt on earth, with temperate and domestic habits, must be supposed to be voluntarily, deliberataly, and causelessly rushing upon infamy and death. You are called upon to believe, that of my own freewill, I avoided escape, and almost solicited detection, and preserved, when I might have destroyed the proofs which would lead to my conviction. Gentlemen, this is one of the cases in which, not general character alone, but particular circumstances, (lending to refute by probabilities, a charge resting on appearances and probabilities alone), must be of importance; and I trust effectually to convince you, that in my previous life, there is nothing to countenance a criminal presumption. Is there a man living, can impute to me dishonesty? In any dealing have I ever incurred suspicion? Has any creditor any unsatisfied demand on me? Had any tradesman occasion to call on me twice for the same debt? I never asked my fellow clerks in the Bank for my own, at the time, when I am said to have been the plunderer of others. I can prove that I voluntarily discharged unliquidated debts of my deceased parents, for one shilling of which I I was not legally responsible. The brokers who purchased this very stock from me (an unconscious agent), know that in my own transactions, they never had cause to be dissatisfied.One of them, in particular, Mr. Harman, has confided in me to the amount of nearly 5,000 l. by taking my draft for that sum, and I always repaid him to the utmost farthing; they all know that in our various dealings, I could frequently have enriched myself at their expence, without the peril I this day stand in; and the Directors of the Bank themselves must know that from my command of the dividend warrants, I might, had I been so disposed, have defrauded them to ten times the sum imputed to me. Gentlemen, the only crime which can he justly imputed to me is, I have not been so cautious as I ought - I have been a dupe, but not a criminal. Gentlemen, when I was brought before the Directors, I gave them the account which I have given you to-day; I gave it on the instant, and without premeditation. Gentlemen, I must now advert, and I do it with great pain, to an unhappy occurrence, since I was arrested - when I found that I was imposed upon; when I found that the Directors of the Bank were determined to drag me thus before the public, and doom me to a trial, under which, even acquittal cannot efface all the marks of disgrace, I did seek to avoid such an exposure; when it burst upon me, that Penn was an impostor, and that I, his duped, his credulous, his unsuspecting agent, was to be dragged to this bar, covered with the most colourable suspicions, deprived by his flight of the only witness who could demonstrate my innocence, my mind became distracted, I knew that the very charge would taint me in Society, and that even acquittal would not purify me in the eye of the censorious - I saw in the spotless memory of my parents, in my own career of unimpeachable integrity, and in the character which my life had acquired for me, only so many sacrifices to this horrid accusation, and scarcely knowing what I was about, and now but imperfectly remembering it, I did in my distraction seek either escape, or what I thought more probable and more welcome; certain death. In this rash attempt, four of my bones were fractured; the agony which I have suffered, has almost unfitted me for a defence; but it has, I hope, made my peace with Heaven, for the impiety of the attempt, and under its mercy, to you, I trust, for that which is only less dear to me, the vindication of my innocence. Gentlemen, I know you will not let this circumstance operate to my disadvantage. I felt. when I sent for Mr. Kay, and afterwards for the Governor and him, all the deep concern which an honest man could feel, upon having been the innocent cause of so large a loss to an establishment I had served faithfully for eighteen years; I beg very particularly to remark, I then (from the four fractured bones) considered myself a dying man - I told the Governor and Mr. Kay, both, I considered myself a dying man, and as such, most solemnly denied all guilt, but expressed the greatest concern that from carelessness, I had caused so heavy a loss to the Bank; for I had then found I had been dreadfully imposed on, I declared, (observe Gentlemen, in these dreadful circumstances, expecting firmly, as I told the governor and Mr. Kay, immediate dissolution) that I was innocent of every crime against the establishment, but the careless credence I had given to a designing villain; and Mr. Kay has done me the justice to say, that from the first I declared I had been defrauded by Penn. Gentlemen, this is a case, as you must see, resting on both sides, merely on probabilities, balance those probabilities, and then say whether I am not entitled to even more than the effect of a doubt - to pronounce me innocent, you have only to believe it possible that I may have been imposed on, that I gave credence to an artful man, and not even that, until I saw upon the Bank books the regular documentary evidence in corroboration of his assertion - but to pronounce me guilty, you must believe that I forged the transfer from Sir Robert Peel to Penn, that I did it so as to pass the scrutiny of two experienced clerks as the rule of the Bank requires such transfer to be posted by two persons - that I did it so as to impose on another old and experienced clerk, who supervised it the next day - two other experienced clerks who abstracted it, and the superintendant of the division who had to observe if it was correctly posted. All these six clerks, well acquainted with my hand writing for many years; and you must believe that after a new account had been opened in the stock book, to the credit of Mr. Penn, not opened by me, observe, but by another clerk; you must believe I tore away the fraudulent leaf from the original book, that book, a public book, in the hands of the whole office, daily. You must believe that I not only tore away that leaf, but with my eyes open, the corresponding leaf each of these leaves known to contain three separate transfers in other names, to any one of which, reference might have become at any moment necessary. You must believe, that having forged the name of Sir R. Peel, and having forged the name of Penn, in a book in hourly use, I took upon myself, the sale of fictitious transfers in the common market. You must believe, that with this conciousness, amid the needless ostentation of my own forgeries, I attended regularly and punctually at the Bank, where detection was inevitable, and might have been immediate. You must believe, that having been given leave of absence, being on the sea coast, successful in my scheme, and as they say, with the spoils in my pocket, I chose to return to the very spot, where perhaps detection awaited my arrival. You must believe, that when the discovery was made in my immediate presence, I concious of guilt, with death before me, the witnesses around me, and the whole establishment aroused to vigilence - not only remained there tranquil, twenty minutes beyond my time, but being at large, and at leisure to escape, actually repaired to my habitual residence, accessible even to the visits of a stranger. You must believe, that having committed the forgeries, having personally published them, having realized their proceeds, having avoided escape, and solicited detection; I did all this without any earthly motive, with an ample salary, with 7000 l. in my possession, and with 400 l. due from the very clerks around me, not having asked them for repayment. You must believe, that I did this for the sake of money, which I did not want, against all the evidence of my former life - against all the chances of human probability. That I did it, who have ever shewn the very reverse of avarice, who have paid debts which could not be recovered, who have had thousands in my hands, to the last farthing punctually discharged - who have been often trusted without any security, and who might frequently and safely have defrauded to ten times the amount now imputed to me. Weigh well, I implore you, Gentlemen, all these probabilities - remember my existence hangs upon your breath, for to casessuch as this, after conviction, mercy is a stranger. If you should not even feel assured of my innocence - if you should have a doubt of my guilt - the law gives me - your own hearts will give me the benefit of that doubt. Cut me not off I implore it of your justice, of your humanity, in the very summer of my years. I implore it not for myself, but for the memory of those whose name has been unsullied - for the sake of a character, accusation never stained, for the sake of a home - a happy home, my death would render desolate - for the sake of an innocent and helpless wife, who has bound up her wretched destiny in mine. In his name I ask it, who will not forget hereafter, the mercy with which you may have imparted justice here.

NOT GUILTY .

London Jury, before Mr. Justice Richardson.

Reference Number: t18210912-65

1110. GEORGE SUCKLING was indicted for stealing, on the 3d of August , one ridicule, value 2 s., and 7 s., in monies numbered, the property of Mary Ann Stamp , from her person .

MISS MARY ANN STAMP . I live at No. 15, James-street, Buckingham-gate. On the 3d of August, about one o'clock in the day, I was at the corner of Charlotte-street, Bloomsbury , I had just crossed from opposite the chapel with my ridicule in my hand, the prisoner came suddenly upon me and snatched it away. I am certain of him, there were several others with him. My purse containing seven or eight shillings was in it; I cried, Stop thief! I was desired by the gang to desist. I did not pursue any further then; they ran down Dyot-street; I went down a short street adjoining Dyot-street. I had him in view a minute or more, and am certain he is the man. I saw him at Bow-street half an hour after, and was certain of him. The ridicule was not found.

JOHN CLAYBROOK . I am a patrol of St. Giles's. I was at the watch-house door, Miss Stamp came and applied for an officer, saying she had been robbed of her ridicule, crossing Charlotte-street. She described the person. I went into Church-lane, St. Giles's, and saw a dozen boys together, and the prisoner among them, and from the description I took him; he asked me what I wanted with him; I told him for snatching a lady's ridicule; he said he was willing to go, as he was not the person. I took him to Bow-street, and on the way I met Miss Stamp, she said he was the boy; this was about a quarter of an hour after the robbery.

Prisoner's Defence, (written.) When this lady's ridicule was taken I was standing at the corner of Charlotte-street, and saw two boys running, and as they turned the corner of Phoenix-street I saw a bricklayer's labourer stop one of them, and saw the ridicule fall from under his frock; and the little boy who was running with him picked it up, and ran off with it. The cry of Stop thief, was rose, but to no purpose. I crossed the road and asked the lady what was the matter? she said she had lost her ridicule, containing two or three shillings, and a long lawn handkerchief, and several papers. She went to Bow-street, and laid information that two boys about fifteen or sixteen robbed her. A patrol came up and said I must go with him; she said she could not swear to the person, but the little boy had a fustian frock on and two pearl buttons in front, just like mine, and that is what she swears to me by, it is hard to have my life sworn away by two buttons, for I am innocent.

MISS STAMP. I never expressed a doubt of his being the person. I do not know Phoenix-street. I was coming from Museum-street; I had not been near Phoenix-street. It was not a little boy who took it, it was the prisoner, he had a frock with pearl buttons.

GUILTY . Aged 21.

Transported for Life .

First Middlesex Jury, before Mr. Common Sergeant.

Reference Number: t18210912-66

1111. WILLIAM BASKIN was indicted for stealing, on the 29th of August , one pair of shoes, value 6 s. , the goods of William Vandevall .

WILLIAM VANDEVALL . I live in Holborn , and am a shoemaker . On the 29th of August the prisoner was in my employ. I had missed shoes before, and watched him, and detected him with a pair in his pocket; he said he was very sorry. He had only lived a fortnight with me. They were not wrapped in paper, they were sale shoes. I gave him no order to take any out. I had a good character with him. I gave him in charge, he lived with his friends.

JOSEPH FRYER . I am a constable. I took charge of him, and found the shoes in his coat pocket, he said he was sorry, and hoped his master would forgive him.

Prisoner's Defence. I unfortunately took them out of my master's shop, meaning only to raise two shillings on them, in order to go to Bartholomew fair.

GUILTY . Aged 18.

Fined One Shilling and Discharged .

First Middlesex Jury, before Mr. Common Sergeant.

Reference Number: t18210912-67

1112. ROBERT WOOD was indicted for stealing, on the 24th of August , one pair of trowsers, value 10 s. , the goods of John Morrison .

WILLIAM HENRY RIDER . I am foreman to John Morrison , of Norton-falgate . On the 24th of August, about nine o'clock in the evening, a little girl came for work from her father. I was informed something was stolen from the shop; I jumped over the counter, and pursued the prisoner, I found him secured with the trowsers; they hung eight feet from the ground. Mr. Morrison has a partner in St. Paul's Church-yard, but he has nothing to do with this shop.

THOMAS JONES . I am servant to Mr. Morrison. I was looking through the window, I saw the prisoner drop down and wrap the trowsers under his arm, which he got from the iron at the door; I followed and overtook him; he dropped them. Kirby took him into custody. I am sure he dropped them.

WILLIAM KIRBY . I am a constable. I heard the cry of Stop thief; the prisoner was given in my charge.

(Property produced and sworn to.)

Prisoner's Defence. The man must have lost sight of the thief.

GUILTY . Aged 21.

Confined Six Months and Publicly Whipped .

First Middlesex Jury, before Mr. Common Sergeant.

Reference Number: t18210912-68

SIXTH DAY, TUESDAY, SEPTEMBER 18.

1113. THOMAS BARNETT was indicted for stealing, on the 4th of September , one pair of stockings, value 16 d. , the goods of William Davis .

BETSY DAVIS . I am daughter of William Davis , an exciseman . The stockings hung inside the door; we keep a hosier's shop . I missed them about eight o'clock in the evening and saw them in the prisoner's hands; I went after him and caught him by the coat, just by the shop; my father came up and secured him; I saw him throw them down.

WILLIAM DAVIS . I am the proprietor of the shop. On Tuesday evening I was at the end of the counter, writing, and saw the prisoner standing at the window; he then crossed the door and went back again. I went to the door, saw him close at the window and took the stockings, down. The children called out that he had taken a pair, and I seized him immediately, and saw them laying at his feet.

(Property produced and sworn to.)

Prisoner's Defence. I had been drinking with a man, and went to see him home; the gentleman caught me at the door and almost choaked me.

GUILTY . Aged 21.

Confined Three Months , and Publicly Whipped .

Second Middlesex Jury, before Mr. Common Sergeant.

Reference Number: t18210912-69

1114. SAMUEL RAVEN was indicted for stealing, on the 25th of July , one coat, value 2 l. , the goods of Frederick Sharman .

FREDERICK SHARMAN . I am a currier , and live in Whitecross-street . On the 25th of July, about half-past ten o'clock, at night, the coat was in my chaise by my side; I was in my own yard, coming home. As I drove up the yard and stopped, two men ran up the yard after the chaise, and I felt the coat go from my side, looked round and saw two men running away with it; I jumped out and secured the prisoner, who was one of them; his companion ran off with the coat, it was worth 2 l., the yard is no thoroughfare.

JOHN BROWN . I am a watchman. I took him in charge, he denied it.

JAMES HANLEY . I had him in charge, and some persons attempted to rescue him.

Prisoner's Defence. I was working in Whitecross-street, and going to get my supper, as I passed the yard the gentleman ran out and collared me; a woman told them at the time. that I was not the thief.

GUILTY . Aged 19.

Confined One Year , and Publicly Whipped .

Second Middlesex Jury, before Mr. Common Sergeant.

Reference Number: t18210912-70

1115. JOHN SCRIVEN was indicted for stealing; on the 24th of July , one time-piece, value 30 s. , the goods of Robert Tyler .

ROBERT TYLER . I live in Little Tichfield-street . The time-piece was on the mantle-piece in the parlour - I saw it safe at nine o'clock on the morning of the 24th of July, and when I returned at half-past three o'clock, it was gone. I found it in pawn on the 4th of August. I saw the prisoner in Charles-street, near the Middlesex Hospital, about three o'clock in the afternoon of the 24th of July, with a time-piece in his hand, but did not at that time know it to be mine; he held it with the dial downwards, and I could not examine it. I am sure he is the man.

Prisoner. Q. Did you not say, you could not swear I was the man - A. I said I could not swear to his dress, but was positive to his features.

JAMES TURRELL . I am servant to Mr. Wise, a pawnbroker, the prisoner offered the time-piece in pawn about the 24th of July. I am sure he is the man. We sent for Lack, who took him; he was examined before the Magistrate, and discharged; he came three times after it - he was apprehended in our shop; he said he had had it three years. We advertised it, and it was claimed.

Prisoner. Q. Did I not wait in the shop while you sent for the officer - A. Yes; but he did not know we had sent for one.

THOMAS LOVELL . I saw a man come out of Tyler's house, about half-past three o'clock, with the time-piece under his coat. I cannot swear to the prisoner, but I believe him to be the man.

SAMUEL LACK . I am a constable. I was sent for and took charge of him; he said it was his own, he was discharged, and ordered to attend on the Saturday following, which he did, and applied for an order to have it restored, and had a summons for the pawnbroker.

Prisoner's Defence. I have had it some time, my wife and I had some disturbance, I went to Wise's to pawn it, he detained it. I said I would not go till I got it. I was taken to Bow-street, and brought three people to prove it was mine, and the Magistrate discharged me. I went twice to the Magistrate's afterwards I got a warrant for the pawnbroker to have it given up.

(Property produced and sworn to.)

ROBERT TYLER re-examined. I have had it seven years, the maker's name is Tubshaw, No. 529. There was no glass to it. When I lost it there was two small keys inside, and a card directing how to regulate it; all of which the pawnbroker found in it.

CAROLINE CRANE . I am Tyler's sister, and live with him. I know the time-piece to be his, I have observed it for years. I believe the maker's name is Tupman. There was a card in it once, I never read it.

JAMES TURRELL . I found two keys and a direction for regulating it, in it when he brought it.

GUILTY . Aged 25.

Transported for Seven Years ,

Second Middlesex Jury, before Mr. Common Sergeant.

Reference Number: t18210912-71

1016. WILLIAM BROWN was indicted for that he, on the 9th of August , at St. Mary-le-Bow , feloniously did dispose of and put away, a certain forged and counterfeit Bank note, (setting it forth, No. 17, 254, 5 l., dated the 24th of February, 1821, signed J. Robinson,) with intent to defraud the Governor and Company of the Bank of England , well knowing the same to be forged and counterfeit .

SECOND COUNT the same, only calling it a promissory note for payment of money, instead of a Bank note.

TWO OTHER COUNTS the same, only stating his intent to be to defraud William Timbury .

WILLIAM TIMBURY . I am an engraver , and live in Fetter-lane . I am positive to the prisoner's identity; he came to my shop on Thursday, the 9th of August, between one and three o'clock in the afternoon, and asked for a polishing iron and a beating hammer, for a person resident in Bell-yard, a bookbinder; he mentioned the same, but I do not recollect it. I asked him what weight he wished the hammer to be, as they varied from eight to sixteen pounds - he said he did not know. I told him to return to his master and enquire. In about twenty minutes he returned, and said it might be about ten pounds. I said, the hammer was ready all but facing, and if he would call in half an hour, it should be ready; he said he would take the polishing iron, and call in half an hour for the hammer, he said he would pay for both the articles, and tendered me apparently, a 5 l. Bank note - the things came to 11 s. Not having change, I marked the note with my initials, in his presence, and sent the boy with it to Mr. Barratt, my neighbour - he brought back four sovereigns, and 20 s. in silver. I gave the prisoner the change, 4 l. 9 s., he went away, and never returned for the hammer - nobody ever came for it (looks at a note) this is the note. I put my initials on it immediately - I had no other note in my hand. I saw no more of him till the Saturday following, when he was in custody.

Cross-examined by MR. ANDREWS. Q. You recollect that it was Thursday - A. Yes; I generally dine about two o'clock. I think he came before two o'clock, but cannot be certain of the time. I am positive he is the boy. I do not remember seeing him before. When I saw him on the Saturday, he was at Guildhall, at the bar, that place distinguished him from other persons. I am almost positive that I did not speak to any body before the Magistrate asked me if he was the person. Close was not examined in my presence, he was a stranger to me. I had not spoken to him about having taken a forged note.

Q. Are you sure of that - A. I cannot say positively; I never told any body that I was uncertain about who gave me the note. I told the Magistrate immediately that he was the person. I invariably put my initials on all my notes, and in the same place. I had no other 5 l. note in the house that day, nor had I passed any between that and Saturday.

MR. REYNOLDS. Q. How long was he with you the first time - A. Very few minutes. I had the conversation with him myself; he came twice, and promised to come again for the hammer. On my oath, I have not the slightest doubt of his being the person.

COURT. Q. You mark all notes with your initials, how can you distinguish this from any other that passed through your hands - A. I sent it to my neighbour, who returned it, saying, he presumed it to be forged. I kept it in my possession separate from any other, being informed he was in custody. I sent my neighbour no other note that day. I kept it till I delivered it to Mr. Lees.

DANIEL BARRATT . I am a tea-dealer, and live in Fetter-lane. On the 9th of August, Timbury's boy brought me a 5 l. note; I marked it in his presence. (looks at one) this is it. I put my initials on it, and Timbury's name; I gave change, and put it in my cash-box. I took it out next morning, and knew it to be the same from the marks - I took it back to Timbury next morning. I was induced to examine this note, from Mr. Stevens, my next door neighbour having shewn me one - Close shewed me none on that day.

Cross-examined. Q. Had you many when this was brought to you - A. Not many. I am almost positive that I had no other 5 l. note. I will not positively swear it. I often change notes for Timbury and other neighbours, and endorse them generally - I always endorse 5 l. notes.

MR. REYNOLDS. Q. Did you change any other 5 l. note for Timbury that day - A. No, nor the day before. I think I had no other 5 l. note in the box. I had no other with Timbury's name I am positive. I wrote his name in the boy's presence.

HENRY CLOSE . I live in Castle-street, Long-acre. I am in the service of Mr. Hough, a gold-beater, in Fetter-lane. On the 9th of August, the prisoner came to the shop for 200 leaves of gold, which came to 12 s. - I tied it up; he produced a 5 l. note. I asked him who it was for, he said, for Mr. Rowley, a book-binder, St. Andrew's-hill, Doctor's Commons. I told him I had no change, and my master was from home, but I would see if I could get it of a neighbour. I called our lad into the shop, to remain with the prisoner while I went to Mr. Stevens's, a cheesemonger, within three doors of my master's, and shewed him the note; he said he was doubtful whether it was not a bad one; he carried it to Mr. Barratt, to look at it - this was between two and three o'clock; he returned in a minute or two and gave me back the note. I returned and told the prisoner, I thought it was not a good note. I gave it to him, and said I would put on my coat and go to his master's with him, to explain it. I went with him to St. Andrew's-hill; he stopped at a door, with the name Wakeling and Penny on it; he then hesitated, and stopped opposite, as if he was going in. I was proceeding to ring the bell, when he said, he was not sent from there, he was to bring it there; that a person met him at the corner, and told him to fetch it and bring it there. I put him against the wall, told him I was convinced he was a bad boy, and I insisted on his stopping with me - I rang the bell, and asked for Mr. Wakeling. Mr. Penny came down stairs; I asked if he knew the prisoner, (I made him go in) he said, No; nor had he sent him. I asked the prisoner for the note, he felt in his pockets, could not find it, and said he had lost it. I related the circumstance to Mr. Penny, and asked if he knew Rowley - he said there was a person of that name who lived in Wardrobe-place, Blackfriars-churchyard. I took the prisoner there - he is a bookbinder; Mr. Rowley said he had no knowledge of the prisoner, and had not sent him for the gold, and that a 5 l. note had been passed in his name at Mr. Warwick's, a gold-beater, in Fetter-lane, who had called on him about it. Rowley accompanied me with the prisoner to Mr. Warwick, they knew nothing of him there. I then gave him in charge to Kinsley, who searched him, and found no note on him.

Cross-examined. What time was this - A. Nearer three than two o'clock.

JAMES KINSLEY . I am an officer. On the 9th of August I took the prisoner in custody, and searched him, but found nothing on him, I asked what he had done with the 5 l. note; Close was not then present - he had been

given him in charge for attempting to pass a 5 l. note; he said he had lost it.

Cross-examined. Q. Where did you take him to - Q. Giltspur-street Compter - I delivered him there between three and four o'clock.

RICHARD STEVENS . I am a bookbinder, in Bell-yard, Temple-bar. There is no other bookbinder there but me - I do not know the prisoner; I never sent him to Timbury's for any thing.

Cross-examined. Q. Do not bookbinders lodge there - A. There may be, but I believe not.

WILLIAM SIMMONS . I am tax-gatherer of Bell-yard. There are no other bookbinders in Bell-yard.

Cross-examined. Q. You mean housekeepers - A. No. lodgers; I know of none, I have lived in the neighbourhood thirty years.

JOHN LEES . I am an inspector of bank notes, and have been so above twenty-three years. The note is forged in every respect; we have no cashier named J. Robinson - there was a signing clerk of 1 l. notes, of that name, but that is not his signature (note read.)

Cross-examined. Q. Is it done so as to impose on persons not in the habit of taking notes - A. Yes.

JAMES ROBINSON . I was a signing clerk of 1 l. and 2 l. notes, none higher - the signature is not mine - there is no other clerk of my name.

WILLIAM PENNY . I live at No. 11, St. Andrew's-hill, Doctor's Commons. On the 9th of August, Close brought the prisoner to me; I knew nothing of him, nor ever sent him for any thing.

Prisoner's Defence. I was at the Compter at the time he says I uttered the note.

CLOSE re-examined. He called at my master's between two and three o'clock; he was delivered at the Compter on my charge - I did not leave him, except while I went for a constable; he was then locked up in my shop.

GUILTY . - DEATH . Aged 16.

Recommended to Mercy.

London Jury, before Mr. Baron Graham .

Reference Number: t18210912-72

1117. JEREMY GARFIELD was again indicted for feloniously forging and counterfeiting a stamp or mark on certain articles of plate, with intent to defraud our Lord the King .

SECOND COUNT, for uttering and publishing the same, as true, with the like intent.

No evidence (See page 422.)

NOT GUILTY .

London Jury, before Mr. Baron Graham .

Reference Number: t18210912-73

1118. MATTHEW CARR was indicted, for that he, on the 7th of July , at St. Mary-le-Bow , feloniously did dispose of, and put away, a certain forged and counterfeit Bank note (setting it forth, No. 91,773, 1 l., dated 20th February, 1821, signed W. Caulier), with intent to defraud Thomas Nock Pemberton , well knowing it to be forged .

SECOND COUNT, the same, only calling it a promissory note for payment of money; instead of a Bank note.

TWO OTHER COUNTS, the same, only stating his intent to be, to defraud the Governor and Company of the Bank of England .

FREDERICK PEMBERTON . My father, Thomas Nock Pemberton , is a butcher , and lives in Aldersgate-street . I know the prisoner; he came to the shop on the 7th of July , at half-past ten o'clock at night, and bought a leg of mutton - he ordered it to be sent to No. 54, Aldersgate-street, with change for a 1 l. note; he left the shop, and waited at a distance outside, while I got the change - I overtook him, and we walked down the street together, and all of a sudden, he crossed the street and said, I should have a glass of ale - he took me into a public-house, No. 55, Aldersgate-street, which is in the City, where he drew from his pocket a 1 l. note, and asked the landlord for a pen and ink, but whether he wrote any thing, I cannot say - he gave me the note, and I gave him the change, which was fourteen shillings and tenpence - I took the note in my hand, and was going out to take the mutton to No. 54, when he said he would not trouble me to take it any further, and took it from me - instead of going to the next house, he crossed the street, towards Bowman's buildings, which caused my suspicions, and I followed him, he had the mutton in his hand at the time, he went up Bowman's-buildings, and through several passages into Long-lane. I caught hold of his coat and told him it was a bad note, he said,

"give it me," I had it in my hand, he snatched at it, and tore it a little, but did not get any part of it from me - I caught hold of the mutton, he let go of it and started off as hard as he could run - I cried Stop thief! - I pursued, and the watchman stopped him in Smithfield; I never lost sight of him. I gave him in charge, he was taken to the watch-house; I gave Godfrey the officer the note, I marked it first with my name before it went out of my sight - I got it from the Bank, and now produce it; this is it, it has my name on it - I saw him searched at the watch-house about 1 l. 11 s. 7 1/2 d. was found on him, all in silver and halfpence - I never saw him before.

GEORGE GODFREY . I am superintendant of St. Sepulchre's watch-house. On the 7th of July, about eleven o'clock at night, I was on duty in Smithfield. I heard the cry of Stop thief! and hastened to the spot, and found the prisoner in the custody of Rice, a watchman, who is not here - Pemberton said, he has tendered a forged 1 l. note to me, the prisoner appeared alarmed, and said, what is the matter, I have done nothing; I took him to the watch-house, Pemberton gave me the note, after having marked his name on it; I am sure it is the note he gave me - he said the prisoner gave his address, No. 54, Aldersgate-street, which I wrote on myself - I asked the prisoner his address, he said, No. 1. Wright's-Buildings, West-street, Smithfield, which I also wrote on it. Hare, the officer of the night, also put his name on it - I took it to the inspector of the Bank on Monday morning (Mr. Lees), I gave it to him - I asked how he became possessed of the note; he, at first, said he did not know, but on pressing him, he said he took it in the way of trade, of some person at Highgate, who he did not know, and he was a general hawker - I went to No. 54, Aldersgate-street, but they knew nothing of him; thirty-one shillings and seven pence halfpenny was found on him in silver and copper.

WILLIAM HARE . I am an officer. I was on duty on the night of the 7th of July and searched the prisoner and found thirty-one shillings and seven pence halfpenny on him in silver and copper; he said he lived at No. 1, Wright's-buildings; I have enquired there.

JOHN LEES . I am an inspector of the Bank. This note is forged in every respect; we have no such signing

clerk as William Collier , there was one of that name, but he has been dead for many years (note read)

Prisoner's Defence. They have made a mistake in the man - I have nobody to give me a good character or a bad one.

GUILTY . - DEATH . Aged 23.

London Jury, before Mr. Justice Richardson.

Reference Number: t18210912-74

1119. WILLIAM SWINEY BARNARD TURNER was given in charge of the Jury, upon three indictments, viz. for forging a transfer of 10,000 l. Navy 5 per cents.; also a transfer for 12,000 Bank annuities; and a receipt for 1267 l. 12 s .

MR. SERJEANT BOSANQUET on behalf of the Governor and Company of the Bank of England, stated that these charges arose out of transactions on which the prisoner had already been tried; but although in point of law they were separate offences the evidence must necessarily be the same, he had received instructions, by permission of the Court, to forbear offering any evidence.

NOT GUILTY .

London Jury, before Mr. Justice Richardson.

Reference Number: t18210912-75

1120. GEORGE SMITH was indicted for feloniously assaulting Thomas Roberts , on the 9th of September , in a field near the King's highway, at Ealing , putting him in fear, and taking from his person, and against his will, one watch, value 30 s., and one half crown, his property .

THOMAS ROBERTS . I overlook a farm for Mr. Maycock, at Ealing, and am near fifty years old. The prisoner has worked on the farm for two or three summers. I was well acquainted with his person. I was at the Green Man, public-house, on the Uxbridge-road, near the seven mile stone, last Sunday week, the 9th of September, the prisoner was there. I came away about ten minutes after nine o'clock, he followed me. A young man came about a quarter of a mile with me, and then he went to the left, and the prisoner hesitated whether he should go with him or me, he said he should go with him. I got about one hundred yards to go to the stile, and before I could get to the stile he overtook me. I said George,

"What are you going my way?" he said, Yes, I have altered my mind, I shall go to my old lodging. We went over this one field, we had eight to go over, and every field that we came to he asked if that was not the last. I kept telling him no. When we come to the last field but one he asked twice, and when we got near to the gate he asked me again. I said

"As soon as we got through that field we shall be in the home field, if we brush along we shall get there before it rains again;" he then mended his pace and caught hold of my collar, and said d - n your eyes, old chap, you must heel up to me - I turned and looked in his face, and said

"George what do you mean by that?" he said,

"d - n your old eyes I'll let you know presently, I will do for you in a very little time." I said,

"George, you ought to know better, I have used you like a master. and like a father, and my wife has been like a mother to you?" he said,

"don't you tell me nothing of that, for I'll do for you in two minutes, in a very short time." I caught hold of his collar thinking that if I could get loose I could run home. I begged of him to loose me, and let me go, he held me so fast by the shirt collar and handkerchief, and stuck his knuckles into my neck, he almost winded me - I got weaker and weaker - I scuffled with him for some time, he got the better of me, and said if I did not deliver up what I had about me he had a pistol in his pocket and would blow my brains out; but before this he had draged me back two or three poles, under an oak tree, under some stubs. I begged of him as we lay in the hedge, not to injure me there; then he pulled me up into the footpath, I told him I only had two shillings and sixpence and an old watch. He kept feeling in his pocket, and said if I did not deliver it up he had a pistol in his pocket and would blow, my b - y brains out in one moment. I delivered it up expecting to lose my life every moment. I gave him the watch and half-crown. He then loosed me and went the same road as he came, and I went home. I am quite sure he is the man, I have seen my watch since.

JOHN WILLIAMSON . I am constable of Acton. I received the prisoner in custody from John Rose and two other men on the 9th of September, at half-past twelve night, at Acton, I found in his fob a watch, and in his right hand pocket I found a purse containing half-a-crown five shillings, and some halfpence; when I pulled the watch out one of the men said that was the watch by the description the man gave him, the prisoner said

"It cannot be helped now, I should not care a b - dy b - gg - r if I was going to be hung up for it." I said the less he said of that sort the better. In his outside coat pocket I found a large hammer, and one of the men produced a reaping hook, as he was taking it out of his hands, his hands were cut in holding it to prevent its being taken from him.

(Property produced and sworn to.)

JOHN ROSE . I am a carrier. I heard of the robbery, and received a description of the prisoner from Roberts. I saw him that night on Ealing common, and secured him with another man, and saw the watch found on him by Williamson.

Prisoner's Defence (written.) The humble petition of George Smith , sheweth, that your petitioner was at work for the prosecutor at a farm near Greenford; the cause of my being here arose from a quarrel I had, he agreed with me to cut corn at twelve shillings and sixpence an acre. I finished my work and had three shillings and three halfpence to receive. I fell in with him at the Green Man, and had a few words with him because he had not paid me, and as I returned home with him being intoxicated I did not know what I was about, he was in liquor as well as myself, I laid hold of him, and asked him for the three shillings and three halfpence, he said he would pay me no more than what he had, I laid hold of him again, and he gave me his watch and half-a-crown, saying that was all he had, and we parted; in coming home I was taken; when I came to my senses in the morning, I was quite astonished, as I knew no more of it than a child unborn.

THOMAS ROBERTS re-examined. We had no dispute whatever, I never heard a word about it till now, he said nothing about paying him wages, but several fields before we came to this he said he was going to work somewhere. I do not owe him one penny.

GUILTY . - DEATH . Aged 31.

Second Middlesex Jury, before Mr. Justice Richardson.

Reference Number: t18210912-76

1121. ELIZA AVIS was indicted for stealing, on the 30th of July , one veil, value 1 s.; one habit shirt, value 5 s.; four napkins, value 2 s.; three pieces of trimming, value 1 s.; one collar, value 6 d.; five pieces of lace, value 5 s.; twelve strings of beads, value 1 s.; three pair of stockings, value 8 s.; three yards of ribbon, value 18 d.; two petticoats, value 9 s.; one apron, value 6 d.; two caps, value 5 s.; one frock, value 1 s.; four books, value 1 s.; one pair of scissars, value 6 d.; one razor, value 6 d.; one pair of ear rings, value 2 s.; one purse, value 6 d.; one shift, value 4 s., and one umbrella, value 3 s., the goods of James Titterton , in his dwelling-house .

Mr. JAMES TITTERTON . I am a surgeon , residing in Wilmington-square, Spafields . The prisoner lived four months in my service. On Saturday, the 28th of July, having missed a variety of articles, I desired my wife to search the house - her box was searched first; a piece of lace, and afterwards four others, were found in it. She took out a bundle herself and endeavoured to secrete it, by putting it behind her, and, on opening it, most of the articles stated in the indictment, were found; they must have been taken at various times; a shift and pair of stockings were found on her person. She begged forgiveness, and we consented to her remaining with us; but about four o'clock in the morning of the 30th, the watchman rang the bell, we found she had escaped out of the kitchen window; he brought her back, with a bundle. Four napkins, a pair of ear-rings and a razor were found in her pocket, and my umbrella in her hand.

BENJAMIN TRUEMAN . I am a watchman. On the 30th of July, about four o'clock in the morning, I saw the prisoner thirty yards from her master's house, I called to her, and when she turned round I knew her; I said, What brings you out so early? she said, she was going to the country to Charing-cross, she had a bundle and umbrella; I said she was going the wrong way. I enquired at the prosecutor's, and then fetched her back, with the things in her hands, which were claimed by the prosecutor.

JOHN CHESTERMAN . I am the watch-house keeper. Trueman delivered the bundle and the prisoner into my charge. I took the ear-rings from her pocket.

Prisoner's Defence. I leave it to the mercy of the Court.

GUILTY . Aged 19.

Of stealing to the value of 39 s. only.

Confined Six Months .

Second Middlesex Jury, before Mr. Common Sergeant.

Reference Number: t18210912-77

1122. ANN WILSON was indicted for stealing, on the 15th of August , two decanters, value 10 s. , the goods of Joseph Heeley .

JOSEPH HEELEY . I am a silver and plate mounter , and live on Saffron-hill . On the 13th of August, about eleven o'clock in the morning, the prisoner came and asked if I would take 36 s. for those decanters which were in the window. I went down stairs to consult my wife about it; she was then in the shop - I refused to take it. I gave her my card and desired her to go back to her mistress; she came back in about half an hour, and said they were for a respectable lady, who called about a week ago. I told her I could not take less than thirty-eight shillings and sixpence for them; she said I might pack them up in paper, and send them to Mrs. Taylor, No. 4, Staple's Inn. I sent them by Thomas Ash - he returned without the money or decanters - I found them in pawn three days after in Slainner-street.

THOMAS ASH . I am thirteen years old. Mr. Heeley sent me with the decanters with the prisoner to No. 4, Staple's Inn, I went there with her, and at the door she took the bottles from me, and said she would take them up stairs and bring the money down; she came down and somebody called out to her,

"make haste," she said

"Very well," and went on, leaving me at the door, saying, she she was going to the butcher's. I waited three quarters of an hour - she did not return - I went up the stairs and found the basket laying on the two pair of stairs, empty; the decanters and two shillings for change were gone from the basket, I found the bill still in it. I saw the name of Mr. Taylor on the door - I rang the bell - they knew nothing of them - I found no lady there. I enquired for Mrs. Taylor, but could find no such person.

THOMAS FLUDE . I am servant to Mr. Mulcaster, of Skinner-street. On the 13th of August, I took a pair of decanters in pawn, about one o'clock, of the prisoner, I am certain of her; I knew her before. She pawned them in the name of Taylor, for 15 s.

WILLIAM THISTLETON . I apprehended her in Bartholomew-square, Old-street, on another charge, and found the duplicate of these decanters on her; she said she was very sorry; she lived on the second floor there, by the name of Williams; there was a man who claimed her as his wife.

(Property produced and sworn to.)

(The prisoner put in a written defence, pleading distress and begging for mercy.)

GUILTY . Aged 23.

Confined Two Months .

London Jury, before Mr. Common Sergeant.

Reference Number: t18210912-78

1123. JOSEPH AARONS and RACHEL AARONS were indicted for stealing, on the 6th of September , eighteen yards of woollen cloth, value 18 l., the goods of James Blakesley and William Lester , privately, in their warehouse .

MR. BRODRICK conducted the prosecution.

MR. WILLIAM LESTER . I am in partnership with John Blakesley ; we are Blackwell-hall factors , and live in Basinghall-street - I saw the female prisoner go out of the warehouse and brought back by the porter, and heard the cloth fall from her.

HARRY KENDAL . I am clerk to the prosecutors. On the 4th of September, the prisoners came together to the warehouse, about five o'clock in the afternoon, and asked to see some blue cloth - I shewed them two pieces; the man enquired the price, and said he should buy for money, he spoke English, and understood me; I think the woman understood very little English - he bought nothing that night, but went away, saying, he should call next morning, but did not - on Thursday morning, a little past nine o'clock, when I got to the warehouse, I found them both there, they had been looking at cloth; when I went in, the man asked me to shew him some black cloth, and said, he had had the rheumatism, which was the reason he had not been on Wednesday - I shewed him some, he wished

for patterns of the blue which he had seen that morning - I went into the back warehouse to get them; on my return, the woman was gone, he remained for the patterns - he said he would come again in fifteen or twenty minutes, and pay for what he wanted, not having then fixed on any thing, I had left the female standing within six yards of the door - there was a quantity of cloths in the warehouse when I left her - while I was speaking to the man, she was brought back (before he had quitted the door), by Stevens - the cloth was nearly covered by her gown - by her side, she had a large shawl also, which seemed to hide it, she appeared pregnant; immediately on her coming inside the warehouse, I saw the cloth drop from her, it was eighteen yards and a quarter of blue cloth - we are the manufacturers of it; seventeen yards and a half would be the payable length - I saw it on the previous evening in the back warehouse; where they had been looking at cloth - Stebbing was with them when I came. The cloth had not been sold.

Q. Did you observe the man do any thing when she was brought in - A. He appeared angry, patted her on the bonnet, and said,

"What did you do this for?" An apron was found in the warehouse. I did not see her take any thing.

Cross-examined by MR. ANDREWS. Q. Is this a warehouse for retail business - A. No, wholesale; we sell goods there - each piece is kept separate. The porter sleeps up stairs, and lives there. There is always somebody there to show goods.

JOHN STEBBING . I am employed in the prosecutors' warehouse; I was there on the 6th of September; the prisoners came in together about nine o'clock, the man apologised for not coming before, saying he had the rheumatism in his leg; he asked to see some blue cloth - which I showed him; Kendal came in just as they were going away; he was then shewed black cloth. The woman was then standing in the front of the warehouse, against the door - she appeared pregnant. I took the counting-house stool down for her to sit on, if she was disposed. I believe she did not sit down. There was a number of pieces of cloth, standing on their ends on the ground; Kendal went back to cut patterns, while he was gone I was in the front warehouse - the man opened the door for the woman to go out, and shut it after her. Stevens brought her back. I did not see her take anything, nor had I any suspicion - there is a yard which they must cross from the warehouse and on the left hand is the carpet warehouse, the door of which they would pass. When she was brought back I saw the cloth drop from her; it appeared suspended from her right side; but when she got in it dropped upon the warehouse floor. The male prisoner slapped her bonnet, and said,

"What did you do that for?" He did not ask for any thing after he let her out. Kendall was gone for the patterns, only he and I were in the warehouse.

Cross-examined by MR. LAW. Q. Her being pregnant prevented your suspicions - A. Yes; the man slightly slapped her bonnet, and said, in an angry tone, "What did you do that for?" He stood at her side.

MR. BRODRICK. Q. Did you observe her when she moved to go to the door - A. The man stood behind her - I was behind him, within five yards of him. He opened the door and shut it after her.

JOHN STEVENS . I am porter to the prosecutors. My suspicions were excited by something before; and on Thursday I saw the prisoner come in, and heard the door open, and saw the woman go out by herself - I was in the carpet warehouse in the passage; she came along close by the door - I ran to the window, looked at her, and thought she looked rather more bulky on her right side than when she came in - I went up to her, and hit my left hand against the cloth, and said. "You have got it, have you, and I have got you" - she sighed, I took her back, it dropped from her - I produce it, having kept it ever since.

THOMAS LAUCHLAND . I am in the service of the prosecutors. I found an apron among some cloths where I had seen the prisoners walking, in the front warehouse - I found it directly she was taken; it does not belong to the warehouse.

MR. LESTER. The cloth is ours, and contains eighteen yards and a quarter. We charge it at seventeen yards; it cost us upwards of 16 l., as the manufacturers.

Cross-examined. Q. What is the cost price - A. As near as I can guess, 16 l. odd shillings. We do not expose goods for sale; our names are on the door, and woollen warehouse - our chief trade is on commission; we never sell less than an end.

JOSEPH AARON 'S Defence. (Through an interpreter.) What my wife did, I know nothing about. I am a merchant ; the prosecutors did not see my wife take it no more than I did - I gave her two slaps on the bonnet for doing it.

RACHAEL AARON 'S Defence. What I did, was unknown to my husband.

JOSEPH AARONS - GUILTY Aged 34.

RACHAEL AARONS - GUILTY Aged 30.

Of stealing under the value of 15 l.

Transported for Life .

London Jury, before Mr. Common Sergeant.

Reference Number: t18210912-79

1124. ROBERT BAMBRIDGE was indicted for stealing, on the 12th of September , one box of puzzles, value 6 d., and one box of paints, value 1 s. , the goods of Thomas Batts Hodge .

THOMAS BATTS HODGE . I am a pewterer , and live in Long-lane, Smithfield . On Wednesday last, at a quarter before six o'clock, I saw the prisoner put his hand in at the window, and take these things away - a pane of glass had been broken by some persons within a week before - I had put some pasteboard before it; I perceived him, two were with him; I saw him with the boxes in his hand, running towards Goswell-street - he threw them down, I secured him, without losing sight of him - he kept crying Stop thief! himself - he said

"I suppose you mean to swear to me, that is the only thing I want you to do."

GEORGE STANLEY . I am a constable. The prisoner was delivered into my charge, he said he had no parents, but I found that to be untrue.

(Property produced and sworn to.)

GUILTY . Aged 15.

Confined Three Months , and Whipped .

London Jury, before Mr. Common Sergeant.

Reference Number: t18210912-80

SEVENTH DAY, WEDNESDAY, SEPTEMBER 19.

1126. LUKE DOUGLAS was indicted for stealing, on the 13th of September , four pounds of pepper, value 8 s. , the goods of Thomas Watson .

THOMAS WATSON . I am Captain of the brig Treasurer , I had fifty bags of pepper on board; the prisoner was employed in stowing the ship , which laid in the London Docks . On the 13th of September, I found a bag which appeared to have been ripped, and four or five pounds taken from it.

WILLIAM CLARK . I am constable of the London Docks. On the 13th of September, I saw the prisoner going from the ship to the outer gate of the dock - I asked what he had got about him, he answered Nothing; I searched, and found a bag of pepper in his trowsers, and a quantity of pepper in his stocking, and another bag of pepper in his hat - I gave information at the ship, and found a bag cut open.

SAMUEL ALLIMAN . I was present when the pepper was laden on board the ship; the bags were in a proper and entire state.

Prisoner's Defence. I found the pepper loose.

GUILTY . Aged 43.

Confined Three Months , and Publicly Whipped .

First Middlesex Jury, before Mr. Common Sergeant.

Reference Number: t18210912-81

1127. JOHN CRISP was indicted for stealing, on the 9th of September , three live tame geese, price 15 s.; two live tame turkies, price 7 s., and four live tame ducks, price 6 s., the property of Isaac Barker ; and two live tame geese, price 10 s. the property of Thomas Crosse .

MR. ISAAC BARKER . I am a merchant , and reside in Green-lane, Tottenham . On Sunday, the 9th of September, I was informed that my poultry had been stolen - it was kept in an outhouse; I saw them on the Saturday evening about six o'clock.

JOSEPH RANDALL . I am servant to Mr. Barker. About eight o'clock on Saturday evening, the 8th of September, this poultry was all safe in the outhouse, about six o'clock next morning I missed three geese, two turkies, and four ducks. On the Tuesday following I saw them at Worship-street, and knew them. The ducks were killed then - the rest were alive.

JAMES HANLEY . I am constable of St. Luke's. About a quarter before five o'clock on Sunday morning, the 9th of September, I saw the prisoner coming along the New-road, by the City-road bridge, with a sack on his back; I stopped him, and asked what he had there - he said five geese, two turkies, and five ducks; that he bought them at Barnet, of a waggoner, about eight o'clock the preceding night, and the waggoner's was name Smith. I asked him what part of London Smith came to - he said he did not come to town. The ducks were then dead; they had been strangled, they were tied round their necks.

SAMUEL HALEY . I am servant to Mr. Crosse, of Tottenham, and had the care of his poultry. I saw it all safe on Saturday evening, about half-past six o'clock, in the farmyard; next morning, about six o'clock, I found two geese had been stolen; we found them at the office on the Tuesday following, and knew them. The prisoner is a stranger. Our yard is a quarter of a mile from Mr. Barker's.

(Property produced and sworn to.)

Prisoner's Defence. On the 8th of September I was at Barnet, and bought them of Smith, between seven and eight o'clock in the evening - he has a team and van. I got a man to give me a lift on his cart, and came with him to Holloway.

GUILTY . Aged 25.

Confined One Year , and twice Publicly Whipped .

First Middlesex Jury, before Mr. Common Sergeant.

Reference Number: t18210912-82

1129. WILLIAM HARDING was indicted for stealing, on the 6th of July , at Edmonton, six sheep, price 10 l. , the goods of Thomas Billen .

MR. ALLEY conducted the prosecution.

THOMAS BILLEN . I am a drover , and live at Hendon. On Thursday, the 5th of July last, I had twenty-eight sheep in a field near Mill-hill, Hendon . I went to the field on the Saturday following, and six of them were gone. I saw them again on the Monday following at Smithfield, between eleven and twelve o'clock, in the possession of Thomas Abrahams , who is servant to a drover.

Cross-examined by MR. ADOLPHUS. Q. Were they so marked that you should know them again - A. Yes, they were marked as they were when I bought them. I put no mark, but I knew their faces so well I cannot be mistaken in them. I had had them about a month.

THOMAS ABRAHAMS . I am servant to Mr. Luke Waugh . I recollect Billen coming to Smithfield. I got the six sheep at Hackney, from a man whose name I do not know, I went to Hackney for them, but I saw them first on Friday, in the possession of the prisoner at Smithfield - I do not know what became of them then. On the Monday following, Mr. Cox sent me to Hackney to fetch them, I brought them to Smithfield, and Billen took them from me. Tilby, the butcher, accompanied me to Hackney to pay for them.

Cross-examined. Q. You saw the prisoner with them at Smithfield on Friday - A. Yes; I did not know him before, but am quite sure he is the man. He did not say they were his own. I do not think I can swear to the sheep. I can swear from the marks, that those I fetched from Hackney were the same that I saw at Smithfield. Tilby had the same sheep.

ROBERT TILBY . I am a butcher. On Friday, the 8th of July, I saw the prisoner at Smithfield, and bought six sheep of him, and employed the last witness to go to Hackney with me on Monday for them, to drive them to Smithfield - they were the same that I bought of him. The prisoner took them on the Friday, to the Bull's Head, or Red Bull, public-house, Hackney, and on the Monday, the last witness and I drove them from there to Smithfield, and about one o'clock Billen claimed them - I gave them up to him; they were the same that I bought of the prisoner.

Cross-examined. Q. Where did you buy them - A. At Smithfield. I never saw the prisoner before, but am sure he is the man.

COURT. Q.Was it agreed that he was to take them to Hackney - A. Yes; we fixed the price on Friday. I had not money enough to pay for them all on Monday night. I gave 28 s. each for them, which is the fair market price.

Q. Where did you see him on Monday - A. At Smithfield; he went down with me and Abrahams to Hackney, I paid him there. He had no other sheep besides these six, either on Friday or Monday.

THOMAS HENNAY . I live with my father, who is a butcher. On Friday, the 6th of July, about four o'clock in the morning, I met the prisoner in Green-lane, between Newington and Hornsey, and asked him if he had passed any sheep on the road; he said, "No, whose did I want." I said, "Mr. Wager's," he said he had not met them; he had six sheep with him, and employed me to drive them to Smithfield, which I did. I saw the same sheep at Hendon, in the possession of Billen, on the Monday night, I am sure they were the same.

Cross-examined. Q. Did you know him before - A. No. I drove them about two miles, through four turnpikes - he was with me all the time.

THOMAS AUSTIN . I am constable of Hendon. On Wednesday after the Monday, I apprehended the prisoner at Winchmore-hill - he lived there. I took him to his own house, which is six or seven miles from Hendon. I went there about three o'clock in the morning with Mr. Wager, it was all shut up till about seven o'clock, when a young man opened the shutters. I enquired for the prisoner, and afterwards broke the door open, and found him sitting in the kitchen dressed in woman's clothes - this was between seven and eight o'clock. I had been refused admittance a good while. I did not know him, being in disguise. I went up stairs and saw his wife; I could not find him, but Wager called out, that he had caught him in woman's clothes. I had demanded admission, and told them I came to apprehend him for felony.

GEORGE WAGER . I assisted in apprehending the prisoner. Austin went up stairs, I remained outside, and the prisoner came out having hold of his son's arm, dressed in woman's clothes, and a white handkerchief covered over his face - I did not know him at first - he passed me about fifty yards; when he came out he was crying, and when he got about the distance of fifty yards, I noticed his shoes, followed and laid hold of his arm, pulled the handkerchief from his face, and told him he must come back directly.

MR. BILLEN. The sheep were worth about thirty-two shillings each.

Prisoner's Defence (written). I beg leave to state I am totally innocent of the crime, and humbly submit there is nothing to warrant a conviction, the only thing that materially affects me, is the sheep being found in my possession. On the 6th of July, I was going to Smithfield to buy some sheep, and on the road, about three o'clock in the morning, I overtook a man with nine, going to Romford market; after some conversation, he said he would sell them to me, I asked the price, he said 12 l. 10 s., which I agreed to give him, but was to have ten shillings returned, having paid for them, they were delivered to me, and the man left me, first saying that his name was Thoms, and he lived at Harrow; but on enquiry I find no such man lives there, nor have I been able to find him, or I would have had him here to-day. I then proceeded on and a butcher overtook me, and asked the price of three, I said 27 s. 6 d. each, which he agreed to give; paid for them and took them in his cart towards Tottenham. I brought the other six to Smithfield, put them in an open pen for sale for six hours, and the prosecutor often passed the pen, but took no notice of the sheep or myself, though I was personally known to him; at length a butcher came, and agreed for them at 28 s. each, saying he had not money enough to pay, but would meet me on Monday morning, at six o'clock, on the Kingsland-road, at the bridge, and pay for them. I took them there, did not see him, and went on to Smithfield, and did not meet him till I got there; he said I have been after you, but believe I went to the wrong bridge, and asked if I had got them; we went to Kingsland and he took them away. I humbly trust I have accounted for how I became possessed of them, and that you will think there is nothing improbable in this. I declare I was totally ignorant of their being stolen, or I would not have stood openly with them in the face of day. Had I stolen them, I should have been more guarded and circumspect, and not have stood six hours in the public market with them, nor have consented to take them home, and wait till market-day for the butcher to bring the money, but have disposed of them at any price. I have been in the habit of attending Smithfield market, and am well known there. I beg to state that the prosecutor lives at Hendon, six miles from where I bought the sheep, and from there to town is six miles, and there are three turnpikes I must go through, and run the chance of being detected; the direct road from Harrow to London is only six miles, and there are no turnpikes; is it reasonable to suppose, I should take them six miles round if I had stolen them. James How and John Dixon saw me pay for the sheep. The reason why I put on women's clothes was because I was in debt.

JAMES HOW . I am a farming man. In July last, I was out of work looking for employ, I came from Ware, in Hertfordshire, and was coming to Mr. Rhodes for work, Dixon was with me. On the 6th of July we were on the the Enfield-road.

Q. By what do you know that it was the 6th of July - A. Being Smithfield market and a Friday. I did not know the prisoner before.

Q. Where did you see him - A. On the Enfield-road, coming towards town, just on this side of the Three Jolly Butchers, which is four or five miles from London.

Q. Do you not know whether it was past the four or five mile stone - A. I cannot say, for it was night when I came that way, and morning when I started. I saw him there early in the morning, it was day-light, about three or four o'clock. Dixon and I were in a field laying under a hedge asleep, and heard them making a noise on the road, a dog was barking. Dixon was also asleep, I awoke him, and we saw a man like a drover, he had a large dog, they were driving a sheep up to the gate, intending to catch her.

Q. Who were they - A. The prisoner and another man, dressed in dark clothes; he had a sort of jacket coat with the flaps cut off, he had no smock frock; there were nine sheep; I heard the man say he should give him 13 l. for them, and the prisoner said if he gave him 13 l., he must

return 10 s. back, he said he would; the man with the dog went back towards Enfield, and the prisoner and sheep towards London. I took no notice, nor said any thing to the prisoner. I came to town and got work at Rhodes', and have been working since that at Mr. Bowden's, a cow-keeper at Marylebone; did not know the prisoner before, and have not seen him since till to-day.

Q. How came you here - A. When I was working at Rhodes', we heard the men in the field talking about this affair, and they told me where to find his son.

MR. ALLEY. Q. How did you know he had a son - A. A man in the hay field said he knew his son. I have been to Newgate and seen the prisoner once, which was last Thursday, I came with his son. I set out from Ware about nine o'clock in the morning, to walk about the country for work, and then heard Rhodes', of Islington, had plenty of work.

Q. Who was Dixon - A. A stranger to me; I first saw him at the Red Cow, public-house, at Ware, that night; I did not know him before; we have been together ever since - he does hay-making and harvesting; we lodge together - he has been working at Rhodes' and at Bowden's with me.

Q. Was it day-light when you saw these people on the road - A. Yes; I never spoke to them, I heard a noise and was afraid it was somebody coming to make a noise about our being asleep in the field, we went to sleep again, and slept an hour or two; we continued on the ground till about five o'clock, and came on through Tottenham and Edmonton; we saw the prisoner on the other side of Edmonton.

Q. Did you attend here last Sessions to give evidence on this trial - A. No, the first time I was asked to come here was three weeks ago, his son asked me. I could not have been known of as a witness last Sessions. *

* This trial was postponed last Sessions on an affidavit made by the prisoner that he had material evidence in his behalf.

Q. Thirteen pounds, bating ten shillings, was the price paid for the sheep - A. Yes.

COURT. Q. When did you first hear of the prisoner being charged with stealing sheep - A. I cannot rightly tell, it was while I was at work at Rhodes, I worked there six weeks; the men said a man was taken up for buying stolen sheep in the Enfield-road. Dixon was with me and heard it; the prisoner's name was mentioned in the field.

JOHN DIXON . I am a labourer. I was looking out for work in the road towards Enfield.

Q. Were you in company with any one else on the Enfield-road - A. Yes, my partner, (the last witness) John How , on a Friday morning in July, I think it was the 6th, we were sleeping under a hedge near the Three Jolly Butchers, public-house, about three miles from Islington, on the Enfield-road. How awoke me and told me to get up, I laid still and looked through the hedge and saw two men driving some sheep up to the gate of a field to catch them, there was a dog there, I looked through the hedge so as not to be perceived, and heard them talking about selling some sheep; there were nine sheep, the man said,

"If I give you thirteen pounds for the sheep you must return me ten shillings;" he said, "Very well, I don't mind returning it." After talking together, I saw him pull out some bills, I suppose they must be money or he would not have given him the sheep. I saw him return the ten shillings. The prisoner is the man who bought them. About a fortnight or three weeks after, when I was working at Mr. Rhodes's, I heard of this.

Q. Where have you been working since - A. I have done porter's work at Covent-garden market, and at Billingsgate.

Q. Where have you lived since - A. In East Smithfield.

Q. Does any one else lodge with you - A. No, I have a room to myself, there are plenty of lodgers but none that I am acquainted with, for I always keep myself to myself.

MR. ALLEY. Q. Your partner's name is John - A. Yes, I always call him John, and he answers to that name.

Q. Where did you first meet him, in the field - A. No, we had been together for three months looking after work.

Q. You had been together three months before the night you slept under the hedge - A. Yes. I met him before July, it was the beginning of April, we have been together ever since. I have not been working for a Mr. Bowden. I went once to Newgate to see the prisoner, it was the beginning of August.

THOMAS BILLEN . I saw the sheep about ten o'clock on Thursday morning. I was at Smithfield on Friday. I did not know the prisoner before.

GUILTY . - DEATH . Aged 55.

First Middlesex Jury, before Mr. Justice Richardson.

1129. WILLIAM HARDING was again indicted for stealing, on the 17th of June , ten sheep, value 15 l. the property of John King , Esq .

JOSEPH HALL . I am bailiff to Mr. King, of - Hertfordshire . On the 27th of June I missed ten sheep out of his field; I had not seen them for three or four days before, there were ten of them, all of them were stolen. I found one ewe on the 17th of July, in possession of William Wager , at Palmer's-green, Edmonton, it was one of the ten, it had been under my care for three years; it has been returned.

Cross-examined by MR. ADOLPHUS. Q. You missed it on the 27th of June and found it three weeks after - A. Yes.

WILLIAM WAGER . I live at Palmer's-green. I remember the ewe which the last witness claimed, I got it from the Queen's Head, public-house, at Green-lane. I first saw it there on Friday, the 29th of July or June, I do not know which. I know it was Friday, I had had it nearly three weeks before it was claimed. I only took it to find its owner. It was a little less than three weeks before it was claimed.

Cross-examined. Q. You took it as a stray - A. Yes.

WILLIAM JONES . I am a drover. I was coming to town with some sheep on the 29th of June, and this one got mixed with mine, near the Jolly Butchers, public-house, in coming to Green-lane; it was in the prisoner's possession when it got mixed with mine. I saw him there with eight more besides this ewe. He overtook me between two and three o'clock in the morning, he was driving them, they all got mixed with mine. I told him I was going to London and they might go together, but I got this ewe away - it appeared

an odd one. I told him I thought it was an odd one, and had got mixed with them; he said it had. I said I thought it belonged to some of the neighbours, and we would leave it at the Queen's Head public-house. It did not appear the same sort as the others. He proposed to take it to London, and said he would sell it, and give the money to the man it belonged to, if he could find the owner. I said we had better leave it at the public-house, as it would be handier for the people to find. He agreed to that. The other eight were a kind of half-bred sheep, and I think all wethers. I do not think they had any mark; they were about half meat. I should know them again if I had seen them. He told me he was going to call at Holland's, the butcher's, at Islington, and he would buy them; he knocked at his door, and I said "Do not knock him up, if he wants them he will come to market," He said he would give any thing for a pen; they were taken to Smithfield and put in a pen. I gave the ewe to Wager, at the Queen's Head.

Q. Who first made the observation about the ewe - A. I did. I said I thought it was one of our commoners, and had got mixed with them; he hesitated a little, then said it had got mixed with them. We walked about a mile together after I made the observation before he said it had got mixed; he kept talking to me about what the sheep were worth; I told him I did not know where it came from, as I had not seen a sheep on the road that morning. I am sure he is the man; the first time I saw him was on Good Friday, and once after that.

Cross-examined. Q. You say it was half a mile from where you first met him that he said the sheep had joined his - A. We had come nearly half a mile. I suppose it was twenty minutes after I made the observation about it belonging to one of the commoners, that he said it might have strayed among his; during that time we were talking about the sheep.

Q. Had he begun talking to you about the value of the sheep before you made this remark - A. No. He did not say it was his; he said it might have strayed among his, and he was willing to leave it or take it and sell it, and give the owner the money.

HALE . The sheep were three or four different sorts, they were an odd lot, there was one ewe and nine wethers, some were fat and some not; one of them was black.

JONES. He had no black sheep when I was with him.

NOT GUILTY .

First Middlesex Jury, before Mr. Justice Richardson.

Reference Number: t18210912-83

1130. JOHN SMITH was indicted for feloniously being at large on the 17th of April , at the parish of St. Luke, Middlesex , within this kingdom, without lawful cause, before the expiration of the term of his natural life, for which he having been convicted of felony, was ordered to be transported .

The prisoner put in a plea of "Atrefois acquit," (Vide Fifth Sessions, page 304.)

The prisoner had before been tried and acquitted of being at large within the City of London, and Mr. Adolphus on behalf of the prosecution contended that the present charge was a distinct and separate offence.

MR. LAW addressed the jury for the defendant, contending that it was the same offence.

The jury found a verdict for the defendant .

First Middlesex Jury, before Mr. Justice Richardson

Reference Number: t18210912-84

1131. THOMAS RULE was indicted for that he, on the 1st of September , at St. Dunstan, Stepney , in and upon Robert Maunder , a subject of the King, feloniously, wilfully, maliciously, and unlawfully, did make an assault, and with a certain sharp instrument, feloniously, wilfully, and maliciously, did cut him in and upon his right hand, with intent violently and feloniously to rob him .

SECOND COUNT the same, only with intent to disable him.

THIRD COUNT the same, only with intent to do him some grievous bodily harm.

ROBERT MAUNDER . I live in the Mile-end-road. On the 1st of September, about eight o'clock in the evening, I was going home on the Mile-end-road , and between Mr. Osborn's, the butchers, and Mr. Langley's, the tallow-chandler's, I saw four young men at a little distance, well dressed; they were coming towards town, I was going home. I was walking on the broad stone, and went on the gravel to let them pass, and all of a sudden, just as they were passing me, I received a violent blow on my right breast, which knocked me down, and was senseless for a minute or two. As soon as I recovered. I found one hand at the pocket where I keep my pocketbook, and another at my other pocket - I was laying on the ground. I was strong enough to keep my hand before me, to close my pocket. I pressed my arms together, which held the man's hand. I wanted to get up, and found one man holding me down by the collar behind; I found a hand very near my left-hand pocket, I dropped my left hand and took the man by the wrist. I then found he was attempting to put his hand in my right-hand pocket - this was not the person who was before feeling in my pockets, as I was holding those hands. On dropping my right hand to take hold of the hand that was going into my right-hand pocket, a knife, or some sharp instrument, cut off part of my fore finger - my nail, and part of my finger were cut off, and the surgeon cut off two or three bits of the bone when he dressed it. On receiving the cut, I cried out as loud as I could for assistance, and Mr. Watson, who I knew very well, came to my assistance - I knew his voice, and said,

"Watson, for God's sake come and help me, for I am robbed, and likely to be murdered." I did not then know but what I was robbed; he assisted me, and one or more of them said,

"Somebody has knocked this gentleman down, and we are helping him up." I said,

"You are the very rogues and thieves that knocked me down, and attempted to take my life;" the men all got off - I do not know whether they walked or ran. I was taken to Mr. Langley's, where a surgeon dressed my wound.

Q. Can you state how many men there were upon you - A. There were at least three. I do not know what it was that cut me. I was attempting to seize the hand, but do not think I had touched it when I was cut. I was sensible of the wound at the time, and called out

"Murder," it gave me much pain.

Q. When you had hold of the other hand, had you squeezed or twisted it - A. Yes, I twisted that man's

hand with my left hand, so as to make him feel. I do not recollect any thing being said. I am positive the prisoner is one of them.

Q. When had you the opportunity of seeing him, so as to speak with confidence - A. I saw them at a little distance before they came up, and observed the prisoner particularly, and when I was on the ground, after Watson came to my assistance, I saw all four very plain, three of them I can positively swear to. When Watson came up, one laid on my legs, and another was by my side, with his hands at my side - I do not know whether he was on me or not. I cannot say what the prisoner did, whether he was the person who cut my hand, but he was one of them; three of them were about me when Watson came up, and the prisoner was one of those three; there were four together when they knocked me down. I do not know whether there were more than three when Watson came up. My hand is very bad now, and in a good deal of pain. It happened on Saturday, the 1st of September. I saw the prisoner in custody on the Tuesday or Wednesday following, and knew him.

Cross-examined by MR. WALFORD. Q. Was it a light night - A. It was star-light, and there were lights from the lamps; it is a very few doors on this side Charrington's brewhouse - there are some trees there, the lamps are parish lamps, there was one very near me, and the houses and shops were not shut.

Q. Are there not trees between the lamps and where you were knocked down - A. I am not certain. I was alarmed certainly. I never saw any of them before. I had no reason to remark one more than another. I saw the prisoner in custody at Lambeth-street office; he was pointed out to me, and I was asked if he was the man, I said, Yes. I went there to see whether he was one, the officer said he had got a suspicious man.

JOHN WATSON . I know the prosecuter. On the 1st of September, I was passing towards London, on the Mile-end-road, and about twenty yards off, I observed a bustle, I sprung forwards, and called out very loud "Hallo! what are you all about?"

Q. What do you mean by a bustle - A. Four persons, were attacking the prosecutor, and when I came up, I found him on his back, and two holding him by his feet or knees, and the other two at his arms, holding him down; the sudden manner of my coming up alarmed them, and the two who held his arms stood up - I then recognised Maunder as a neighbour - they were bending down before, and the other two were actually kneeling on him. My coming up gave him confidence - I told him not to be alarmed, as he was among his friends. I should have laid hold of the prisoner at the time, but one of the men or a gentleman came up, and said, I think the gentleman is tipsy, this took off my attention, and finding he was wounded, I lifted him up, and took him to Mr. Langley's, saw his wound, and fetched a medical gentleman. I am certain the prisoner was one of the men, he was at his left arm, and rose up when I came up; I had an excellent opportunity of noticing him - I looked him very hard in the face, and observed his features and dress, and have no doubt of him. Mr. Maunder called for help, and said he was robbed. I do not know whether it was the prisoner or a gentleman, who said he was tipsy. On the Friday, following I went with Partridge to the Earl of Effingham, public-house, Whitechapel, and took the prisoner - he was with fourteen or sixteen more; I follow the officer, he called on him to stand up, he stood up - I gave the officer, a nudge as a signal, and when we came out, I said he was the man.

Cross-examined. Q. The whole four were strangers to you - A. All of them. There was nothing particularly remarkable in the prisoner. I was more collected than I am now. I found the prosecutor on the gravel. There is a regular pavement.

Q. Did the officer point out any particular man - A. He told one man to stand up; I do not know whether he mentioned a name. I remarked one other young man in the room. I have always been as positive to the prisoner, as I am now. None of them attempted to run away, nor was any resistance made - he came quietly. I wish to say that I am positive the prisoner is not the man who inflicted the wound, nor did he use any violence to the prosecutor while I was there. I am certain he is the man, who held the arm.

COURT. Q. Did the prosecutor appear in any respect intoxicated - A. No; he was agitated.

JOHN PARTRIDGE . I am beadle, of Whitechapel. On Friday night, Watson came with one or more gentleman to the watch-house, and described the prisoner's person to me; I said, it must be such a person, and in a few minutes, I should have him in custody - I went with him to the Earl of Effingham, public-house, he went into the room first - there were about sixteen sitting in a box; the prisoner was two from the door. I saw Watson look round, and I called to Tom, to stand up, as he was more out of view than the rest.

Cross-examined. Q. You called to him by name - A. I said, Tom stand up, and he did, and nearly all the others stood up to. They said, let us all stand up. He made no resistance.

ROBERT MAUNDER . I was perfectly sober; I had drank tea at No. 29, Ludgate-hill.

Prisoner's Defence. When Partridge and the witness came into the public-house, I sat there, Partridge told me to stand up, which I did. They went out for a quarter of an hour, then came back, and said, he suspected me to be one, and I must go with him.

JOHN PARTERIDGE re-examined. We watched the door, and sent to the watch-house for more help, not liking to take any of them, till we had more help, but I continued to watch the house all the time.

GUILTY . - DEATH . Aged 19.

Recommended to Mercy, by the Prosecutor on account of Youth.

First Middlesex Jury, before Mr. Justice Richardson.

Reference Number: t18210912-85

1132. MANASSEH GOLDSTEIN was indicted for feloniously forging and conterfeiting a certain note in the German language, purporting to be a Treasury note of Frederick William, King of Prussia .

A variety of other counts varying the manner of stating the charge.

MESSRS. BOLLAND and LAW conducted the prosecution.

WILLIAM NEWMAN . I am an engraver and live in Widegate-street, Bishopsgate-street, City. I know the prisoner,

I have known him personally for twenty years, but did no business for him. In March or April, he came into my shop and said, I have a little business to do in the engraving; I said, "Very well, walk in, pray what is it." He gave me a specimen of this ticket (looks at one), it was like this; he asked whether I could engrave such a thing, I said I could, and said "Pray what is it?" he said Prussian; I said, "What?" he said, a ticket; "A ticket of what?" said I; he said, "A ticket of admission;" I was looking at it; and saw the word "current" on it, which was the only thing I could make out; I began to say for what - he said, "God bless my soul, do you think I am giving you any thing wrong to do, you know me very well;" I said "I do." I have known him by being a neighbour, and occasionally meeting him; he wanted me to engrave two plates and have 30,000 impressions, if I could get them done, but there was no restricted number. I asked what time he would allow - a fortnight or three weeks was mentioned; I said, that was too short to get so large a number, but I would get about 10,000 done. We calculated that the 10,000, with the plates, would come to about 30 l., which made about 10 l. a thousand in all, including the plates. I took some impressions afterwards on certain qualities of paper, after engraving the plate, and he took the proofs with him. I was to supply the plates and print 10,000, he thought the paper I had would do; but after having proofs pulled, and taking them away, he said it would not do, and agreed to find the paper. The paper was included in the 10 l. a thousand.

Q. What did you do in consequence of the order he gave - A. I entered it in my order-book, and proceeded to put it in execution, and struck off 10,000 from the plate. The order was complete before a fortnight or three weeks; we used to lay them on the counter to dry, and he came repeatedly and sat in the shop, and cut them, gathered them up, and took them away as we got them dry, in thousands, packed up in hundreds. I employed three plates on them, as one was worn out; they were struck off in the common way of copper-plate printing.

Q. Was any thing added after the engraving was struck off - A. A line of letter-press was afterwards introduced, with this instrument (producing it) in red ink; this is the worn-out plate (looking at it), it was the plate of the reverse side of the instrument; I struck off 7 or 8000 with it, it was then worn out, I told him so; he said we must have another; I said, I could not afford it at the price; he said, he would give me two guineas to do another. The plates were left with me (looks at two others), these are them, they completed the instrument, except the red ink line; one of my men composed the letter-press instrument. The prisoner ordered it to be a complete copy of the one he brought. I did the 10,000, and about August he called, and said he had a fresh order for 5000 more, that it was a shipping order, and he wanted them done as speedily as possible; the order was entered in my book. I had received the first paper from the prisoner, in reams made up from the maker's, and some of it was left; it was made purposely, each sheet made two tickets.

Q. Do you remember Foy coming to your house - A. Yes, the second order was then in progress, only 300 were done, and when he came in they were on my counter, drying. The plates, tickets, and paper, found by Foy, were the same which the prisoner directed to be made and finished; he called many times while they were in progress, I should think thirty times, and was very anxious to get them done.

Q. Look at this, is it one of the tickets, as the prisoner described them, impressed from the plate you have in your hand - A. It is, both sides correspond with the two plates, it was struck by his direction from the plates made by his order; those set out in the indictment (looking at it) are impressed from the same plate, but I did not make the impression; the letter-press of these is not mine. Here is the original ticket (looking at it) which he gave me to engrave the plates from.

Cross-examined by MR. ANDREWS. Q. You have known him twenty years - Yes; I call him Goldston; he said they were tickets of admission, he did not say it was to a theatre; he had proofs of some for approbation. I pulled him a proof as a matter of course; he did not say he wanted them for approbation, each time an alteration was made in the plate, he had an impression, he might take away several at different times; he said they were a shipping order, and I considered that he took them for approbation; he never said the order was for somebody else.

A JUROR. Q. Are the types foreign or English - A. English. The plate is fairly reduced to its present state by working, I intended to repair it; and before that we have them planished, we send them to a copper-plate printer to be planished, and it came in that state to me, either from Harrison's, in Shoe-lane; or Shafe's, in Moorfields.

Q. There is tin or lead at the back - A. Yes, I had them first engraved to work two at the time, and they were laid on a bed of tin.

COURT. Q. Do you understand either the German and French language - A. I do not, my Lord.

WILLIAM RICHARD NEWMAN . I am the son of the last witness. I know the prisoner, I have seen him several times at my father's shop, he called about the notes produced; he used to come and cut the edges of them, and saw the plate when it was in progress, and gave directions about it.

DAVID BROWN . I am a copper-plate printer on Mr. Newman's premises. I frequently saw the prisoner there while we were executing the order for these notes. I have seen him trim them, that is cut the edges.

TIMOTHY NORMAN . I am an engraver employed by Mr. Newman. I saw the prisoner there. I did not particularly notice what he was doing.

JOHN FOY . On the 1st of August I went to Newman's and brought away this paper (producing it.)

WILLIAM NEWMAN . I received this paper from the prisoner. I had none of this description in my house.

RICHARD SMITHERMAN . I am foreman to Messrs. Wise and Brackley, of Otham, paper makers. In February last I executed an order for paper of this description; we sent up 1000 sheets, and were afterwards directed to alter the water mark, the substance of the sheet; and the colour; after that I saw the prisoner, another person was with him he selected a sheet of paper for the substance of it, and another as to colour, and said he wished to have the water mark more perfect. I made it so, here is the water mark, and the mould it was made from. We made about 26,000 sheets, each being double. On the morning the prisoner

was at the mill he said they were to be used by some planter abroad instead of money.

Cross-examined by MR. ADOLPHUS. Q. Did the person who was with him say any thing - A. Yes; he did not speak English. The prisoner spoke to him before he spoke to us.

Q. As you may have seen a foreigner and his interpreter do on other occasions - A. Yes. I have not seen that person since. I think they came to the mill about the 20th or 21st of March.

AUGUSTUS WILLIAM ECKARD . (Through an interpreter.) I speak the German language. I am inspector of the police of Berlin. It is my duty to inspect the dollar notes, among other things, with a view to know if they are forged. I am one of the inspectors, (looks at the note) this is a treasury note or receipt of one dollar, it is a false one. I have seen a number of them in possession of Foy, they are false. In May last several Jews were taken up at Berlin for passing these notes. Among others I arrested two of the name of Lob, they were transported from Berlin, and one Simeon was in custody. I came over to England with him, we arrived on the 10th of July. I put a letter in the post at Hamburgh, directed to the prisoner.

Q. Look at this note, what signature does it bear - A. Alkenstine; he is the Prussian Minister, the notes are paid at the Treasury office, and at three particular offices at Koningsburgh, Breslaw, and Berlin. Alkenstine is a Baron, a Baron always has the name of Von attached to his title, but he is called Baron Alkenstine . The name of the king of Prussia is Frederick William.

Cross-examined by MR. ANDREWS. Q. What is your particular employ under the police of Prussia - A. I am inspector of the police. I have nothing to do with the office from which the notes are issued, but have orders from the Treasury respecting them; there is nobody here from the office. They are issued in Prussia instead of money, they are current money; whoever presents them receives money for them; they are received at all the Treasuries in payment of duties, and in exchange for money. I have seen money given for them at the Treasury an hundred times, no deduction is made. It is a treasury note or receipt, and is current money through the whole kingdom in every business.

MR. BOLLAND. Q. If I ordered a dinner at Berlin would the innkeeper take it in payment - A. With pleasure.

MR. ANDREWS. Q. Is this note complete in all its forms (producing one) - A. Yes, this is a genuine one.

Q. Are they not receipts denoting only that government has received so much - A. No, they are actual money, any tradesman in Berlin would take them.

COURT. Q. What is Baron Alkenstine - A. Minister of the Finances. It is his duty to have his name engraven on the Treasury notes.

MR. SMIDT, the interpreter, here translated the original note, as follows:

"No. 195670, Treasury note (or receipt) of one dollar in currency, according to the standard of 1764, valid in all payments in full.

ALKENSTINE."

And on the reverse side,

"Treasury note or receipt of one dollar in currency, Office of Realisation at Koningsburgh,

F.W.R."

Mr. EKARD. The crown and cyphers on the note mean Frederick William Rex .

MR. BOLLAND to SMIDT. Q. Is the note all in the German language - A. The word realisation is French, but it is used in the German language. (Here the witness translated the forged instrument, which was precisely the same as the original, except that the number was 1764.)

Cross-examined by MR. ADOLPHUS. Q. If I gave you my promisory note for 50 l. what should you call it - A. Schult shile, or promisory note. I should call a receipt shile, the word shile is literally a receipt, unless schult is added it denotes no promise to pay, there is no distinction in the German language for note and receipt.

PETER SIMEON . I live in Villiers-street, Strand. I have known the prisoner as long as I have been in this country, about nine years; I never had any dealings with him except the transaction in question. I first saw him on the subject on the 11th of July, I had arrived in England the day before with the Inspector of the Police. I was in custody at Berlin. I saw the prisoner the day after our arrival, and had some conversation with him. I told him I was sent here from Mr. Lobb, of Hamburgh, to obtain the 5000 Prussian notes, and that I had the money to pay for them, and told him he had a letter to that effect; he said he had received the letter. I had no occasion to tell him who I came from, for I was present several times before when the prisoner delivered Lobb some at No. 43, Lant-street, Borough, last March or April; they were such as these produced - my application to him was for notes of the same description, as I had seen him give Lobb before.

Q. Do you know what language the prisoner speaks - A. He always spoke German to me. He said he would try to get them for me, but I must give him 5 l. beforehand, and not having it in my pocket, I promised to give it him next day. I told Foy of it - he gave me a 5 l. note, marked; I gave it to the prisoner, and he gave me a receipt for it, which I produce. I paid it; to him on account of the 5000 notes; he gave me some notes which I immediately brought with Clement, the officer, to Foy. The officer searched me before I went in for the notes, and I met him just as I came out - he stood opposite when I went in. I received notes twice from the prisoner; the first time 1200, and the second time 2100. He appointed to meet me to pay him 10 l. more at Somerset-house, I did so, and gave him 10 l. which I received from Foy, and he was apprehended.

Cross-examined by MR. ANDREWS. Q. You are a Prussian - A. Yes. I was never in custody except on this occasion; they kept me in custody from the 21st of May, to the 28th of June. I am now on parole.

COURT. Q. You saw the prisoner give Lobb notes in March and April - A. I heard Lobb give the prisoner an order for 30,000 notes; he received on that occasion, an original note from his brother to give the prisoner.

JOHN FOY . Simeon was put under my direction. I furnished him with money to buy notes of the prisoner. I received from him on the 30th of July, 1200 notes, 100 of which I marked, and sealed the others up. I produce one. I took the prisoner in Waterloo-street, Strand; I had given Simeon on that day, August the 1st, two 5 l. notes, the prisoner had those two 5 l. notes in his hand when

I took him. I asked where he got them from, he said from Mr., I asked for what purpose, he said for watches, which he had sold him. I told him, he was charged with forging Prussian notes; he said he knew nothing about these. I said I was certain he did, and asked where the plates were. I said I was certain he knew, for they were at Newman's in Widegate-alley - he denied all knowledge of them. I said, I should send him to the office, and search Newman's-house; he said if I did, I should not succeed in finding the plates, but if I would allow him to go, he would point out the place where they were to be found. I said I could not, and sent him to the office. I and Mr. Eckard, accompanied by a constable, went to Newman's - he was not at home, but was sent for. I told him he was printing some work for a man named Goldstein, I went up stairs, and found two men at work, printing with the plates - these are the plates that we brought away. In the printing-office, I found notes in various states, some paper half worked, and some wholly so. I also found some paper, and the type set up with red ink. I found the same two notes on the prisoner as I gave Simeon.

Cross-examined by MR. PLATT. Q. You could not hear what was said between him and Simeon - A. No.

THOMAS CLEMENTS . On Monday, the 30th of July, I accompanied Simeon to Shadwell, High-street, to the house of Menasseh Goldstein . I searched him before he went in, and remained in a coach - I did not lose sight of the house before he went in; he had none of these notes about him then, on his return he had some; he took them to the Crown tavern, Clerkenwell-green, and gave them to Foy. I accompanied him again next day, and saw him go into the house, he returned with a great quantity of these notes, and gave them to Foy at the Crown tavern. I did not lose sight of him till he delivered them. I assisted in apprehending the prisoner, and went with Foy to Newman's, and found a quantity of notes being printed.

Cross-examined. Q. You was not near enough to know what passed - A. No.

CHARLES CHRISTMAS . I was with Clements, and have seen Simeon in company with the prisoner. I saw the prisoner go to Newman's, on the 18th and 31st of July.

(The forged instrument was here put in and read.)

MR. ECKARD. They are all forged instruments.

Prisoner's Defence. I am innocent. I never had a felonious intent in my mind - it was through distress. I have a wife and seven children. I had an execution in my house - the man saw what distress I was in; I told him of it - he put his hand to his heart, and said - So help him G - d, there was not the least illegality in it; that he had known me in better circumstances, and only wanted to relieve me.

GUILTY .

Mr. PLATT on the following day, moved an arrest of Judgment, on the ground that the forged instrument should have been set out in the Indictment in the English language. The Learned Judge stated, that as this was the first conviction of its nature, he should reserve it on that and other points, for the consideration of the Twelve Judges.

London Jury, before Mr. Justice Richardson.

Reference Number: t18210912-86

1133. JOHN HAYWARD and WILLIAM WELLS were indicted for unlawfully procuring counterfeit shillings with intent to utter the same .

MR. BOLLAND conducted the prosecution.

WILLIAM MARCHANT . I am a constable, and live in Phoenix-street, Spitalfields. On the 4th of September I and Harrison were on duty at the fair, and saw the prisoners there; we took them into custody. I searched Hayward, and found in his waistcoat pocket nine counterfeit shillings, wrapped up in separate papers, and one bad shilling, loose, and 3 s. 6 d. in good money; he said he picked them up.

JAMES HARRIS . I am a constable, and live in Great Winchester-street. I was with Marchant, and took the prisoners. Five bad shillings were found in Wells's pocket.

ANTHONY HARRISON . I am a marshalsman. I was with the witnesses. I had told Wells to leave the fair; he turned round as if to go; but Hayward said he had as much right to be in the fair as any body else. We laid hold of them, and two others who were with them, escaped. I found five bad shillings in Wells's left hand pocket - they appeared quite fresh.

MR. CALEB EDWARD POWELL . I am assistant to the Solicitors of the Mint. The five shillings are counterfeit, and have never been in circulation; the single one is counterfeit, and the nine also; they are all from the same die.

HAYWARD'S Defence. Nobody was with us. I came to the fair with my family, and went into the Ram, to have a pint of porter, and found a parcel under the seat, containing this silver; I enquired whom it belonged to, and shewed five to Wells, he said he thought them bad - I said, "If so, we will not attempt to pass them." They were in a paper, which was written on

"Give the sergeant 12 s. and the corporal 2 s. 6 d." We were walking round the fair, and the officers came up. I never offered to pass any of them - I had good silver enough to bear my expences.

HAYWARD - GUILTY .

WELLS - GUILTY .

Confined One Year .

London Jury, before Mr. Common Sergeant.

Reference Number: t18210912-87

EIGHTH DAY, THURSDAY, SEPTEMBER 20.

1134. HANNAH WALTERS was indicted for stealing, on the 26th of July , 1 shawl, value 4 s.; one bonnet, value 4 d.; three aprons, value 2 s.; on shift value 2 s.; one petticoat, value 2 s.; one cap, value 6 d.; two handkerchiefs, value 2 s., and 3 s. 6 d. in monies numbered , the property of William Whorley .

CHRISTIANA WHORLEY . I am wife of William Whorley . We keep a coalshed in Charles-street, Drury-lane ; the prisoner lived in my second floor back room for eleven months. On the 26th of July I went to Piccadilly, and left her in care of my children and the house. I returned about ten o'clock at night, she was gone, and I missed

these things from the room, which were safe when I went out. She did not return. On Tuesday her husband went into Drury-lane with me, and saw her. I gave her in charge, she then had my bonnet and cap on. I have not found the rest - she denied taking them.

JOHN KENDRICK . I am a beadle. I took her in charge with the bonnet on her head.

(Property produced and sworn to.)

Prisoner's Defence. I did not have the bonnet on; one of the lodgers asked me to take a cup of tea in his room, my husband came and found me with him, and sent me up stairs and give me a kick. I borrowed this bonnet just to run out of his way, and as to the cap I have had it many years.

GUILTY . Aged 48.

Confined One Month .

First Middlesex Jury, before Mr. Common Sergeant.

Reference Number: t18210912-88

1135. WILLIAM WHITEHEAD was indicted for stealing, on the 24th of July , one watch chain, value 20 s., and two seals, value 20 s., the goods of Rees Price , from his person .

MR. REES PRICE . I am a surgeon , and live in Cannon-street, City. On the 24th of July between eight and nine o'clock at night I was walking down the Commercial-road , holding up my umbrella, as it rained hard; the prisoner suddenly presented himself before me, so as to stop me, another man was in his company; the prisoner made a snatch at my watch, and before I could put my hand down the chain gave way; he got the whole chain and seals, (they were gold) and ran down a street leading to Stepney-fields. I pursued - a man came up to know what was the matter, and snatched my umbrella away, tripped me up, and ran in another direction. I pursued the prisoner across the fields. I saw him distinctly all the way till Hugget stopped him on the other side of the fields; he was taken to the watch-house, but nothing found on him. Next day I found them thrown under a wall, just at the spot where was he taken.

Prisoner. Q. What do you swear to me by - A. I never lost sight of him, and I noticed his face.

GEORGE HUGGET . I am a labourer in the East India Docks. and live in Charles-street, Commercial-road. I was coming along the Commercial-road and heard the cry of "Stop thief!" I ran round and crossed the prisoner in the fields; Mr. Price was pursuing him, they were the only two in the fields; he jumped across a ditch, stumbled, and I secured him. Mr. Price came up instantly, and said he was the man. He said he was running after the man, but there was nobody before him. He resisted being taken to the watch-house.

Prisoner's Defence. I was crossing the field and all at once heard the cry, and saw a parcel of people coming; a man passed me and got over the ditch, I followed him - lost him - and a gentleman took me.

GUILTY .

Transported for Life .

Second Middlesex Jury, before Mr. Common Sergeant.

Reference Number: t18210912-89

1136. WILLIAM SUTHERIN was indicted for feloniously, knowingly, and willingly accepting and receiving a false, forged, and counterfeit certificate, forged, &c. to the likeness and similitude of a true certificate, authorised and required to be granted by certain officers of the Excise, by virtue of an Act of Parliament now in force, immediately before the passing of an act (41 George III.) well knowing the same to be forged and counterfeited .

THIRTY-SIX OTHER COUNTS, varying the manner of laying the charge.

MESSRS. BOLLAND and WALFORD conducted the prosecution.

RICHARD JONES . I am surveyor of the Tobacco Warehouse in the Excise . I have been forty-seven years in the service. The tobacco imported is deposited in the London Docks or Excise, till the duties are paid. When the merchant wants his tobacco he gives notice at the Tobacco Office, it is then weighed, and the officer who weighs it sends an account to the office of the weight, and gives another to the merchant; the officer makes out one account for himself, the merchant makes out one for himself, and the officer signs the one the merchant has. The officer deposits his account in our office, and the merchant takes the other to the collector. The amount of duty is ascertained from the weight at the collector's office, and paid by the merchant, the collector then gives him a certificate of its having been paid, and the merchant endorses the landing marks, number of the import, and delivery weights, and the person to whom it is to be delivered.

Q. Look at this, is it such an instrument as is given at the collector's office - A. It is; after this the merchant carries the certificate signed by the collector to the comptroller's office for his signature. It then comes to our office. The prisoner was a clerk in our office, in the permit seat; it was part of his duty to examine these certificates when presented. He has the custody of the weighing officer's note, and is to compare the certificate with it, and to examine the certificate and see if the signatures of the collector and comptroller is correct, but we are not very nice about these things; but we are always particular in comparing the note with the certificate, if he is satisfied that it is correct, he gives the broker or merchant a permit, and puts the certificate in the drawer. The certificates and permits are always numbered.

Q. Should the two numbers correspond - A. No; sometimes it is omitted to put the number of the permit on the certificate. There are also counterparts of the permits. There is a book kept in which the certificates are entered - We call it the duty-paid ledger. It was the prisoner's duty to enter the certificates in that ledger, in the course of the week, as we compare accounts at the end of the week and make them up; and a voucher is drawn which is a copy of of the duty-paid ledger. It was the prisoner's business to make out the voucher; it should contain an account of all the certificates granted in the course of the week. When the voucher is made out it is examined with the duty-paid ledger, and the certificates are also compared with it. It is also compared with the counterpart; the certificates are always compared with the counterpart of the permits; they then go to another clerk, who enters them in the import ledger, and they are laid up in weekly bundles.

Q. Then the certificates of the preceding week would not be in the drawer - A. No. I believe they are sometimes

left in for a fortnight, but then the first week's are always tied in a bundle, the bundle is not always made up at the end of the week. At the latter end of July, I think on a Tuesday, I received some information from the clerks, and set about making enquiry, and saw the prisoner. I think he told me there was a double No. 198 of the certificate, meaning that there was two certificates of that number. (I think this was on Monday). I went with him afterwards to Mr. Mayo's office, and as we went along he said

"I think I had better not say any thing about No. 202," which was another certificate. I compared the permits and ledger with Mr. Phipps, the general surveyor.

Cross-examined by MR. ALLEY. Q. Where is your office - A. By the Docks. He had been four years, in our office. I know Mr. Grant, he was clerk to his cousin, who is a broker; he was to pay the money. He absconded, about a month ago; it was before I was at Bow-street.

Q. The prisoner remained at the office - A. The 10th of August was the last day he was there. We went to Bow-street, ten days after. The discovery was made a fortnight or three weeks before.

Q. You are not very nice about examining the signature of the collector - A. No; we do not always know them; as they are often changed. The permits are not always issued in their regular order of numbers - the certificates are put in a drawer which is open to all the clerks. I never saw a broker go to it. I believe it is not locked.

Q. The voucher is a copy of the ledger, and ought to contain the week's certificate - A. Yes; if a certificate is omitted it will not agree with the collector's account.

Q. Was not the enquiry suggested by the prisoner himself, in consequence of his having made complaint about Grant, who has absconded - A. He made a complaint, about No. 198. I have never seen Grant since. The prisoner complained of Grant.

MR. WALFORD. Q. The double number that the prisoner disclosed was No. 198 - A. Yes he mentioned no other number to me. His seat is railed in.

JAMES CROUCH . I am a tobacco warehouse-keeper, in the same office as the prisoner. It is my duty to call at the collector's office, every Monday morning, to get the account of duties received during the week, for the purpose of checking the account. The office is on Tower-hill - I called on Monday the 30th of July, and took an account of the amount of the duties myself, and gave it to the prisoner. I produce it. The number of hogshead is eighty-three, of pounds 113,552, the amount of duty 22,646 l. 8 s., his duty was to sign a check, against his own account, if they agree together in number and amount of money; if he found them correct, he was to call the warrant over, against the duty-paid ledger - he makes up his vouchers from the certificate, which he sends to the chief office, as a charge on the collector.

Q. Did you continue at the office that morning - A. Yes. The prisoner said to me, that the account I had brought up did not agree, and the difference was the amount of a certificate paid by Mr. Grant. I think he named 327 l. odd, as the amount. Mr. Jones came into the office, and he named it to him. I knew Robert Grant , his business frequently called him to our office; the prisoner, and he seemed very good friends, merely passing civilities, nothing more that I saw - I have seen them go out of the office together occasionally. Robert Grant came to the office that day, and I think brought down some warrants, Sutherin named something to him about double numbers. I heard Grant say, he knew he had paid the duties, and that was all he cared about. I have not seen him since.

Q. On the next day, Tuesday, the 31st of July, did Jones direct you to make out a search - A. Yes, to see where the error laid, and could not discover any weighing bill tallying with the warrant. Between three and four o'clock in the afternoon, I, Hoare, and Henler, made further search (the office shuts at four o'clock); they came, and wished to look at the warrants paid by Grant on the preceding day, the 30th; I opened the drawer in the prisoner's seat, which contained the warrants, and took them out, they examined them. I know Mr. Smith the collector; to the best of my belief, the signature is not his writing. I do not know about Wright's signature.

Q. Was it found in a bundle tied up, or how - A. Loose. The bundle of the preceding week was in the drawer, not tied up, but folded up.

Q. Now turn to the ledger, and tell me whether there is any entry there of No. 202 - A. There are two of No. 202. I saw the account when there was no double entry of No. 202, that account is not now in the ledger, the entry is made by the prisoner, and so was the first that I saw. On Wednesday the 1st of August, I saw the prisoner making entries in the ledger, from a loose leaf not then attached to the book, but it was a leaf of the ledger, and the same I saw in it before, it was ruled exactly the same, and in his writing. I do not know what became of it.

Cross-examined by MR. ADOLPHUS. Q. Grant was a respectable decent young man - A. Yes. There was no particular familiarity, between him and the prisoner. The prisoner was the first person who spoke of the warrant No. 198, and that set the enquiry afloat respecting this. I heard him talking to him in the office, about double numbers, and after that I saw Grant no more. If I took the certificate up in a cursory way, I might not notice that it was not Smith's signature. I know when he was absent he sent a sick note.

MR. BOLLAND. Q. Have you the counterpart of the permit - A. Yes, of No. 202.

COURT. Q. Does the account you got from the collector, contain either No. 198 or 202 - A. No; I delivered it to the prisoner to examine; he said it did not correspond as to 198; 198 was entered in his voucher and his book, but 202 was not in his account, and his account was 327 l. and odd more than the collector's, but it had No. 198 in it.

WILLIAM PAUL . I am clerk in the tobacco office. I am acquainted with the prisoner and his hand-writing, (looks at the duplicate of the permit) it appears to be a counterpart of a permit for this certificate - No. 26, the counterpart, is in the prisoner's hand-writing, and here is No. 26 at the back of the warrant - these figures are also his.

Q. Have you got the voucher of the duties for the week made out by the prisoner, from the 21st to the 28th of July - A. Yes. I find one warrant, No. 202, entered - this is it, (reads.) "Phillip Tap" (the name of the ship), "Captain Wheeler. William Murdock " (the importer,) "two hogsheads, weight 2183 lbs." I find no other No. 202 in voucher, the certificate in question is not in this vouc

I remember hearing that Hoare and Hadam had been examining the ledgers. I remember on the day after the 1st of August, seeing the ledger in the prisoner's hands, both the ledger and voucher laid on his desk. Jones and another had been examining them, he was not there, he came in. I told him what had happened; I said,

"You have been writing permits, and never entering the warrants in your ledger." I had compared the ledger with the voucher, it then corresponded, and had only one No. 202.

Cross-examined by MR. ALLEY. Q. The voucher is made out by him from different documents in the drawer - A. Yes.

ALEXANDER GRANT . I am a broker, and live in George-street, Tower-hill. I have occasion to clear large quantities of tobacco. In July last, Robert Grant was in my service, on the 26th of that month I directed him to clear five hogsheads of tobacco, for which I gave him a check of 303 l. 19 s. for one hogshead, and Fish and Co. furnished him with the money for the others. I produce the check which I got from my bankers; the amount of duty is 303 l. 16 s. 2 s. rent, and 1 s. Dock charges; the other four hogsheads were for Fish and Co. St. John-street, the duty on them was 1146 l. 4 s., rent 8 s. charges 4 s., and the transfer on thirty-one hogsheads, 5 l. 2 s., making altogether 1135 l. 1 s. 2 d. On the Tuesday morning following, I was at the Collector's office on business, and met Crouch, and heard from him that there was a mistake in a warrant; he requested me to look into my books and see if such a hogshead, No. 198, was cleared on that day. I did, and went to the office to find a duplicate-paper of the warrant, but could not, and informed Crouch and Jones; they found the hogshead had been cleared, but could not find the duplicate - I knew the tobacco was cleared; he then informed me, the warrant was supposed to be a forgery, after which I came back from the office, and not having seen my young man all the day, raised my suspicions. In coming from the Dock, at the corner of the street where I live, I met the prisoner; he asked me where Robert, my young man was to be found, or where his friends lived, as he must and would see him. I told him his mother lived in Hans-square, Sloane-street, and said I was going myself to Clapham, where his brother lived. He wished me to go home and dine with him, I said my mind was too much agitated, and I would go to Clapham immediately, to seek the young man out if I could - this was about three o'clock. He then left me apparently to go towards Thames-street.

Q. Look to this certificate, No. 202, can you speak to any of the writing in it - A. Yes, the body of the warrant is certainly my clerk's writing, but the date is not; the endorsement is my clerk's writing, except the No. 26. I went from my own house over to Clapham, and not finding him there, I went to Hans-square. I have not seen him since.

Q. Look at this No. 198 also - A. The body of the warrant is my clerk's hand-writing, but the date of the importation, 6th of November, 1820, is not. I have since paid to the Excise the duty on this tobacco. I have paid them twice, once to Grant, and now to the Excise. I saw the prisoner a few days afterwards at the office, the conversation turned on this business, and in the course of conversation, he said he knew my clerk kept a horse and gig. I asked how he came to be possessed of this information, he said he has been seen in one down at Chelsea, and had been seen to get out of this gig and go into the fisting shop; that the prisoner's brother and his uncle Johnson had seen him.

Q. Did you afterwards go to the prisoner's house - A. I did, after some discovery; he lived in Gray's-walk, Lambeth; Mr. Bailey accompanied me. I knocked at the door twice before we got admittance - his wife opened it - I was shewn up stairs; she went to a pair of folding doors, which separated two rooms, as if to go in, but they appeared to be fastened; she immediately said,

"Sutherin, Mr. Grant has called to see you," he said,

"Why don't you come in?" she said,

"How can I, when the door is fastened." After this he came in, and asked if I had heard any thing of Robert, I said, I had not; he then asked if any thing more was discovered. I said, I understood there was, but I could not tell him the particulars; he said, what an unlucky thing it was for him; that Robert had frequently been there, and always gave him to understand that he slept in Leicester-square; he said they had had some money transaction together once, about the sixteenth of a lottery ticket, and that he had conducted himself with great propriety.

Cross-examined by MR. ADOLPHUS. Q. He said he must and would find him - A. Yes. He did not tell me where he lived himself.

MR. FRANCIS FISH . I am in partnership with my father; we are tobacconists and live in St. John-street. I produce a check for 1135 l. 1 s. 2 d. on our bankers, Ladbroke and Co., dated 26th July.

MR GRANT. The figures at the back of the check are Robert Grants (reads) 1135: 1: 2 - 303 l. 19 s., this is the amount of the two, it is then cast up 1439 l. 10 s. 2 d. the total.

JAMES SMITH . I am a collector of the Excise. The signature to the warrant is not my writing.

ROBERT WRIGHT . I am clerk to the comptroller of the Excise. The signature to the warrant is not my handwriting; I constantly sign for the comptroller.

PATRICK KENNEDY . I am chief clerk to Messrs. Ladbroke and Co. When a check is presented, a clerk cancels it, and another takes an account of the large notes paid for it. I paid these two drafts, produced jointly with Mr. Gillman and Jenery; Mr. Gillman wrote off the numbers and dates of the large notes; Jenery paid the small cash; I cancelled it and ordered the large notes to be entered off. I have an entry on my book of the amount of the small cash that I paid 4 l. 2 s. in full of a sum of 1439 l. 0 s. 2 d. I have no recollection who presented the draft.

GEORGE GILLMAN . I am clerk to Ladbroke and Co. On the 26th of July, 1821, I have an entry of having paid five notes, of which one was No. 10,461, 23d of June, 1821, 5 l.

WILLIAM ETHERINGTON . I am the surveyor of the Excise. I got a five pound note, No. 10,461, 23d of June, 1821, from the Bank, I produce it.

JAMES BALLS . I am shopman to Mr. Abrahams, a tailor. On the 26th of July, the prisoner came to our shop, in the afternoon, and paid for a pair of trowsers and waistcoat, which he paid 23 s. for, and ordered at the same time some trowsers and a waistcoat, and paid a 5 l. note (this is it), it

has my writing, which I put on it at the time. He paid for them; when he ordered them I marked

"Sutherin, Gray's-walk 26 - 7 - 1821. - (Certificate read.)

COURT to JONES. Q. You say the first thing the merchant does is to make application for the goods, is that done in writing - A. Yes; we do not preserve it, the Dock Company do. There is a weighing account corresponding with the certificates No. 198 and 202. Grant could get a blank certificate, the brokers fill them up themselves, they are allowed to take them away and fill them up at their leisure.

Prisoner's Defence. I have only to say that I am perfectly innocent, or I should not have exposed it as I did. As to the money, in the early part of the summer he returned from Margate rather distressed, and I advanced him money which he paid me.

GUILTY . Aged 29.

Transported for Seven Years .

Second Middlesex Jury, before Mr. Justice Richardson.

Reference Number: t18210912-90

1137. DAVID BURTON was indicted for stealing, on the 22d of July , twenty roots, value 6 d.; 3 lbs. of seeds, value 1 s.; fifty insects, value 6 d.; six stuffed birds, value 6 d., and four wooden cases, value 1 s. , the goods of our Lord the King.

TWO OTHER COUNTS, stating them to belong to George Wilkinson , or William Walker .

MR. BOLLAND conducted the prosecution.

JOHN GOUGE WILKINSON . I am landing-waiter of the Customs. The prisoner was tide-waiter of the Customs on board the Venus, Captain Kelgour . On Saturday the 21st of July, late in the afternoon, four cases were landed as passengers' baggage, under a sufferance, there was not time to clear them. M'Donald and Slater, the Dock Company's officers, had the charge of them; they were placed on the wharf, and contained seeds, roots, stuffed birds, and insects, from the Cape of Good Hope. I stopped them for the duty, and put the broad arrow upon them, that they might not be removed until the duty was paid. I saw them on the wharf on Monday, and afterwards before the Magistrate, they contained the same goods; the Magistrate ordered the articles to be delivered and the boxes kept.

Cross-examined by MR. ALLEY. Q. The vessel was seized once or twice for smuggling - A. I never heard it. Nothing was stolen.

MR. BOLLAND. Q. Were they landed from the ship - A. Yes, and put on the wharf; the prisoner's duty was on board the vessel, he had nothing to do with the goods on the wharf.

JOHN RIDGE . On the 21st of July, I was fireman on board the Venus - she was cleared that day; I slept on board, and on Sunday night, the 22d, about eleven o'clock, I was in bed and heard somebody on deck, I came on deck and saw the prisoner fetch them on board, he stood with one foot on deck and the other on the quay; he was on board as a Custom-house officer; I asked what he was about; he said,

"Never mind, it will not fall on your head." I said I would take good care it should not, and he had better have nothing to do with them, and put them on shore again; he had one on board and one in his hand when I spoke to him. On the Monday the officers came on board to search for them; the prisoner came to me and said,

"I will give you a pound note if you say nothing;" I asked, about what; he said,

"About what happened last night;" I told him his pound note would not save his neck, nor me from transportation. The officers took the boxes. When he took them on board he was very tipsy, but could walk well. When he got them on board, he asked for a light; I told him he could not have one, for it was after hours.

Cross-examined. Q. The Venus had been seized for smuggling - A. Yes.

ARCHIBALD MACDONALD . I am an officer of the London Docks. On Monday, the 23d of July, between six and seven o'clock, I searched the Venus, and found the boxes in the orlop deck. The prisoner was on board at the time.

JOHN GATTY . I am principal surveyor of the Thames Police. On the 23d of July I went to the London Docks, took the prisoner in custody and asked what induced him to put the cases on board? he said the man who said he put them on board made him so insensibly drunk he did not know what to do; that he gave him wine out of the captain's cabin. He was hardly recovered then.

DANIEL RUTKINS . I am day watchman at the Docks. I left watch at six o'clock on Sunday afternoon, the cases were then safe, and at six o'clock in the morning I missed them. I saw them found in the Venus.

JOHN RIDGE re-examined. I gave him no wine to intoxicate him, or any thing else. I did not know he meant to bring them on board.

URIAH WILKINSON . I came on duty on the South Quay of the Docks, at eight o'clock on Sunday night, the four cases were safe then. I saw the prisoner about eleven o'clock, he asked the sailor for a light, I told him there was none allowed after hours. I left duty at twelve oclock, the things were missed in the morning.

WILLIAM WALKER . I am warehouse-keeper of the London Docks . These cases were consigned to me, and contained the articles stated in the indictment. They were left on the quay, being marked for the payment of duties; nobody but the Revenue had any thing to do with them.

Prisoner's Defence. When I went to the ship, Ridge said I had given information where some goods were concealed in the hold. I said if I had known they were there I could have seized them myself. Soon after the steward came on board, and invited me to drink, after that he locked the cabin and left the key with Ridge, who pressed me to accept of two bottles of wine. I refused, he still pressed me, and I pushed him from me; he began to vociferate against me in a blasphemous manner. I went to bed to get rid of him.

NOT GUILTY .

Second Middlesex Jury, before Mr. Common Sergeant.

Reference Number: t18210912-91

1138. SARAH FARMER was indicted for stealing, on the 2d of June , 1 set of curtains, value 20 s., the goods of the King; four shirts, value 15 s.; three shifts, value 7 s; three table-cloths, value 5 s.; five sheets, value 5 s.; two pillow-cases, value 1 s.; four bed-gowns, value 4 s.; two petticoats, value 2 s.; seven pair of stockings, value 3 s.; one frock, value 6 d.; two pair of trowsers, value 1 s.; one skirt, value 2 s.; one spencer, value 1 s.; four caps, value 1 s.; one handkerchief, value 6 d.; one pinafore,

value 3 d.; one frill, value 3 d.; one collar, value 2 d., and one bag, value 2 d., the goods of James Robert Harris , in the dwelling house of the King .

JAMES ROBERT HARRIS . I am an officer in the navy . My wife lives in St. James's palace , the prisoner has been our charwoman for the last eight years, she worked there daily. These curtains were part of the furniture of the Palace. On the 23d of July my wife informed me that a bag of linen was taken from the ball-room. I missed it, and as I was in King-street I met the prisoner with a small bundle, and asked her what it was? She said it was her gown, which she had redeemed. I went to Mr. Temple's, in Panton-street, and found three shirts and the curtains. I then got an officer and found the rest of the articles stated in the indictment at her lodging. She has worked for my family twenty-seven years, as a faithful servant.

JOSEPH TEMPLE . I am a pawnbroker. On the 23d of July the prisoner pawned three shirts for twelve shillings; and on the 2d of June, a set of curtains were pawned, I do not know by whom.

RICHARD HOWARD . I am a constable. On the 23d of July I went to the prisoner's lodging, and found all the property but the curtains and shirts.

(Property produced and sworn to.)

Prisoner. I do not disown any thing.

GUILTY . Aged 52.

Of Stealing to the value of 39 s. only.

Recommended to Mercy by the Prosecutor.

Fined One Shilling and Discharged .

Second Middlesex Jury, before Mr. Common Sergeant.

Reference Number: t18210912-92

1139. JOHN TURPIN was indicted for feloniously assaulting Joseph Mole on the King's highway, on the 13th of August , putting him in fear, and taking from his person and against his will, one watch, value 3 l., and two seals, value 10 s., his property .

The prosecutor did not appear. NOT GUILTY .

Second Middlesex Jury, before Mr. Common Sergeant.

Reference Number: t18210912-93

1140. RICHARD HOLLAND was indicted for breaking and entering the dwelling house of William Dinwiddie , about three o'clock in the afternoon of the 29th of August ( Ann Mundel and others being therein), and stealing three petticoats, value 6 s.; nine handkerchiefs, value 1 l.; four pillow-cases, value 3 s.; five shifts, value 10 s.; five towels, value 5 s.; four aprons, value 3 s.; three tablecloths, value 3 s.; four night gowns, value 10 s.; two bolster cases, value 2 s.; two bags, value 6 d.; five napkins, value 2 s.; two dusters, value 4 d., and one pair of stockings, value 6 d., his goods; and one gown-skirt, value 1 s., and two aprons, value 1 s., the goods of Ann Mundell .

ANN MUNDELL . I live in Burton-crescent , and am servant to William Dinwiddie . On the 29th of September the house was secure, I believe the area gate was locked, and the door latched, but not locked. My sister Frances, was also servant there, she was in the house but no more of the family. I was in the front dining room, I thought I heard a noise, went to the window and saw the prisoner looking down the area, he was outside on the pavement, he looked at me and said something, what I do not know. I went down stairs instantly, and missed the articles stated in the indictment, which I had seen safe ten minutes before in the room next the area. I am no judge of their value. I found the area gate open, and found the prisoner in custody about a week after with the property. I am sure he is man; he was gone when I came up stairs.

WILLIAM LANCE . I am a Bow-street officer. On the 29th of August, about four o'clock, I saw the prisoner in Tavistock-square with a bundle, I watched him, he dropped some of the things and did not stop to pick them up, and mended his pace. I followed him down Little Corum-street, and took him in a minute with this property.

(Property produced and sworn to.)

Prisoner's Defence. I had only left my mother's house at Islington at a quarter after four o'clock.

GUILTY . Aged 23.

Of Larceny only.

Transported for Seven Years .

Second Middlesex Jury, before Mr. Common Sergeant.

Reference Number: t18210912-94

1141. JOHN BENNETT and JOHN DITTON were indicted for stealing, on the 3d of August , 100 lbs. of lead, value 5 s., belonging to the Company of Proprietors of the Regent's-canal , and fixed to a dwelling house belonging to them .

SECOND COUNT, stating it to be fixed to a building of theirs.

TWO OTHER COUNTS, stating it to belong to George Ward , Esq. treasurer to the said Company, and to be fixed to a dwelling house or building of his.

MR. ADOLPHUS conducted the prosecution.

JAMES PRICE . I am clerk to the Regent's-canal Company, George Ward , Esq. is treasurer . The house this lead was stolen from is in Paddington parish , and was intended as a residence for a toll collector in the Company's service; it was never occupied, but was shut up.

WILLIAM TAYLOR . I am lock keeper to the Company.

On the 2d of August, at eleven o'clock at night, I saw the lead safe on this building, nailed on the top of the porch, and at four o'clock in the morning it was gone. I afterwards compared it with the place, it fitted exactly, nail holes and every thing. I am sure it was the lead belonging to the place. I saw the prisoners with another between six and seven o'clock the night before, standing on the premises near the building.

THOMAS MILLETT . I am a Bow-street patrol. On the morning of the 3d of August, about half past five o'clock, I was on duty in the New-road, and saw the prisoners and another in Maida-hill, coming from towards Kilburn, at Paddington, it was the right way to come from this house to avoid us, it is a bye way; Smith and Lee were with me, we were coming off duty; the prisoners were in company, about twenty yards from the turnpike; they saw us, and Bennet threw a sack off his shoulder into the ditch, and sat by the side of the bank, they were both in company. I went up and asked Bennet what he had in the sack he had just thrown away? he said he did not know, as he had picked it up in West End-lane, which is three quarters of a mile from there, and quite in a different direction. Ditton said he was very sorry that we came so soon upon them. We seized them and the bag which

contained lead. We walked fifteen miles to find the owner. Taylor came to the watch-house and complained of losing lead. I saw it fitted to the place, every nail corresponded.

JAMES LEE . I am an officer. I was with Millet, his account is correct. I saw the lead fitted and found two nails left behind on the porch, which fitted it.

ROBERT SMITH . I was with the officers, their account is true. I found a knife on the premises.

WILLIAM KENCH . I am a labourer. On the 3d of August about twenty minutes past four o'clock, I saw the prisoners in the fields, between Westburn-green and Kilburn, going towards West End-lane, they had a sack then with something in it.

BENNETT'S Defence. I was coming from Edgeware-fair to Kilburn, and in crossing West End-lane I found the sack in a ditch.

BENNETT - GUILTY . Aged 21.

Transported for Seven Years .

DITTON - GUILTY . Aged 15.

Confined Three Months and Whipped .

First Middlesex Jury, before W. Arabin, Esq.

Reference Number: t18210912-95

1142. WILLIAM MORGAN MANNERS was indicted for Bigamy .

MR. ADOLPHUS conducted the prosecution.

EVAN LEWIS . I live at Reading, Berkshire, and know the prisoner perfectly well, and was present when he was married, at St. Lawrence Church, Reading, to Eliza Redkison . I gave her away, it was on the 15th of January - I do not recollect the year. I saw her alive at Reading last Monday.

Prisoner. Q. Look at me, and say if I am the man - A. If I do not know you, I do not know myself. He used her ill, and then left her in distress. I knew him for three years after he was married.

ANN LEWIS . I am the wife of the last witness. I was present at the prisoner's marriage to Redkison, on the 15th of January. I produce an extract from the register of St. Lawrence church, which I examined with the original. I saw his wife alive last Monday. (By the register it appeared, that the marriage was solemnized on the 15th of January, 1817.)

SUSAN ANDERSON . My father keeps a cook's-shop in Drury-lane. I was married to the prisoner on the 8th of September, 1820 , at St. Martin in the Fields . I first knew him on Easter Sunday, I had 2 l. or 3 l. of my own. He continued to live with me till I left him, as I had my clothes seized for rent, which was on the 16th of January. I left him on hearing he had another wife, and now live with my father.

Prisoner's Defence. I was married to Eliza Redkison , I met her at Cheltenham; she went with me to Bath and Reading, where we lodged some time; she had a former sweetheart named Smart, and she found out that he lived within a mile or two of Reading, and repeatedly went after him when I was away. I then brought her to town, and furnished her a house at Chelsea. I went to Cambridge to see my uncle, and she sold off every thing, and when I returned, I could find her no where, but at last heard she was at Mr. Shackle's. I went sixteen times after her, the master said if I came there, he would shoot me. I kept single for three years, and thought it necessary for a young man like me to marry again.

GUILTY . Aged 23.

Transported for Seven Years .

First Middlesex Jury, before W. Arabin, Esq.

Reference Number: t18210912-96

1143. MARY STRATTON was indicted for stealing, on the 11th of August , one pair of stockings, value 5 s., and three handkerchiefs, value 10 s. , the goods of Henry Bailey .

DELIA BAILEY . I am the wife of Henry Bailey , I am a laundress, and live in George-street, Somers'-town . The prisoner worked five months for me. I was always missing things, and on the 30th of May, I missed a pair of silk-stockings, which I have paid 12 s. for. I found them and a handkerchief in pawn.

ROBERT PIKE . I am servant to Mr. Enderson, a pawnbroker, who lives in Brewer-street, Somers'-town. I have a pair of silk stockings and a handkerchief, which I took in pawn in the prisoner's name. I recollect her pawning things, but whether it was these I cannot say. The duplicate found on her is what I gave the person.

JOHN SMITH . A little after Whitsuntide, I bought a handkerchief of the prisoner for 4 s.; she said it was left her for some washing which she did for a gentleman.

WILLIAM BASTON . I took the prisoner into custody, and found the duplicates of the things and a handkerchief on her.

(Property produced and sworn to.)

Prisoner's Defence. I never pawned them.

GUILTY . Aged 37.

Confined One Year .

First Middlesex Jury, before W. Arabin, Esq.

Reference Number: t18210912-97

1144. CHARLES NUTTALL and ISAAC WILLIAM STONE were indicted for stealing, on the 18th of August , two silver spoons, value 3 s. , the goods of James Parker .

JAMES PARKER . I keep the Cannon, public-house, Hammersmith . On Saturday, the 18th of August, the prisoners came into my house, called for half a pint of beer, staid about half an hour, and called for another half pint; they went away together. Nuttall brought the pint pot into the bar - they went out together, and were afterwards taken up - these spoons were missed from the bar when the officer came.

JOHN BENJAMIN COLE . I am a silversmith and jeweller, and live at Hammersmith. On the 18th of August, between eleven and twelve o'clock in the morning, both the prisoner's came into my shop. Nuttall asked if I bought broken silver - I said I did; they produced two broken tea-spoons. I gave them in charge, and stopped the spoons on suspicion.

THOMAS HOOKER . I took them in charge.

NUTTALL'S Defence. I bought them of a dust boy.

(Property produced and sworn to.)

STONE'S Defence. I saw him buy them.

NUTTALL. - GUILTY . Aged 16.

Confined Three Months , and Whipped .

STONE. - GUILTY . Aged 14.

Confined Three Months , and Publicly Whipped .

First Middlesex Jury, before W. Arabin, Esq.

Reference Number: t18210912-98

1145. THOMAS MOORE was indicted for stealing, on the 22d of August , one quart pot, value 10 d., the goods of William Hewett ; one quart pot, value 10 d., the goods of Isaac Haynes , and one quart pot, value 10 d. , the goods of John Kentish .

WILLIAM HEWETT . I keep the City of Hereford, public-house, Charles-street, Portman-square . I have lost three or four dozen of pots. On the 22d of August, Fellows brought one to me which I knew.

THOMAS MAYO . I am cellarman to John Kentish , who keeps the Apollo, public-house in Paddington-street . Fellows brought me a pint pot, which I knew to be my master's.

ISAAC HAYNES . I keep the Dover Castle, public-house, Portland-place . Fellows brought me a pot which I knew.

JOSEPH FELLOWS . I am a constable. On the 22d of August, about five o'clock in the afternoon, I took the prisoner in Great James-street, Lisson Green. I found two pint pots buttoned inside his breeches, and two quart pots in his coat pockets. I asked where he got them, he gave no account - the prosecutors' names were on them.

(Property produced and sworn to.)

Prisoner's Defence. I was coming down Montague-street, and picked up a bag with the pots, and put them in my pocket to take them to where they belonged, as I cannot read.

GUILTY . Aged 31.

Transported for Seven Years .

First Middlesex Jury, before W. Arabin, Esq.

Reference Number: t18210912-99

1146. WILLIAM MARSDEN was indicted for stealing, on the 8th of August , one pair of trowsers, value 4 s.; three handkerchiefs, value 6 s., and one pair of drawers, value 4 s. , the goods of Charles Smith .

CHARLES SMITH . I am a sailor . The prisoner slept in the same room with me. On the 8th of August, I got up at half-past five o'clock, leaving him and one John Barker in bed; these things were in my chest, which was not locked - I went to it at half-past seven o'clock and missed them. He and Barker were both gone - the prisoner came home at night as usual, and was at work every day, on board the ship. On the 13th of August, about five o'clock in the morning, I heard he was gone out, I went after him and found him in custody, with two bundles, my trowsers, were in them. I got the key of his chest from him.

ROBERT CRIPER . I am a watchman of Ratcliff. On the 13th of August, about a quarter past five o'clock in the morning, in consequence of information, I took the prisoner with two bundles. Smith claimed the trowsers, which were in one of them.

JAMES WHITE . I am a Thames police surveyor. On the 13th of August, Smith fetched me on board a brig, which laid at Limehouse, and gave me a key, with which I opened the prisoner's chest, and found three handkerchiefs, which Smith claimed, and on the 15th of August, I found a pair of drawers on his person.

(Property produced and sworn to.)

GUILTY . Aged 36.

Confined Three Months .

First Middlesex Jury, before W. Arabin, Esq.

Reference Number: t18210912-100

1147. MARY MARR , ANN RILEY , ANN MALONEY and JANE MARR were indicted for stealing, on the 23d of August , one string of coral beads, value 3 s., the goods of Edward Hunt , from the person of Harriet Hunt .

HARRIET HUNT. I am the wife of Edward Hunt, and live in Earl-street Marylebone . On the 23d of August, when my child Harriet (who is four years old) came from school, she had her beads on, she went out a little after two o'clock; and in five minutes a person came, and said her necklace was stolen. I went to the top of the street, and found her among a mob without it. The prisoners Mary Marr and Riley had been at my house a quarter before two o'clock, to sell lavender; the child was then in the street, in their sight. The necklace was found in an area, half an hour after.

FREDERICK DEBENHAM . I am constable of Hampstead. About half-past two o'clock in the afternoon of the 23d of August I was passing up Earl-street, Edgware-road, and saw a mob - Mrs. Hunt gave Jane Marr and Maloney into my charge - they said they knew nothing of it. I found the beads down an area in Bell-street, which is the next street to Earl-street. The person who shewed them to me is not here.

JOSEPH ROWLEY . I am a constable. I went into the mob, and found Marr and Maloney in custody - they were crying very much, and denied it.

NOT GUILTY .

First Middlesex Jury, before W. Arabin, Esq.

Reference Number: t18210912-101

1148. JOHN HUGIN was indicted for stealing, on the 11th of September , 7 d. in monies numbered, the property of a certain man, whose name is unknown , from his person .

JOHN SMITH . I am headborough of St. Pancras. I was looking into a picture shop in the Strand , the prisoner and two others came round me - the prisoner and another had knives drawn. I got out of their way, and stood about three minutes on the curb; a baker came up, the prisoner whipped his hand into the baker's coat pocket; I laid hold of him, and saw him take the halfpence out, and put them into his own left hand pocket - there was no bottom to it, and it fell on the ground. The baker said he had a good many halfpence - he went away. The prisoner offered me a pot of beer to let him go - the baker ran away and left me; he said the halfpence were his, but he did not know his pocket had been picked. When I took the prisoner's hand from the pocket, it had halfpence in it he had no halfpence in his hand before he put it in, for it was wide open as he put it in. I do not know the baker's name.

JURY. Q. Did you search him - A. Yes; he shut the knife when I laid hold of him,

Prisoner's Defence. I was going down the Strand, went up to the shop, but never put my hand into the baker's pocket. I had some halfpence in my own pocket - I pulled my hand out, and they all fell down.

GUILTY . Aged 15.

Transported for Seven Years .

First Middlesex Jury, before W. Arabin, Esq.

Reference Number: t18210912-102

1149. MARY HOLDER was indicted for stealing, on the 1st of August , 3 l. 4 s. in monies numbered, the property of William Spencer , from his person .

WILLIAM SPENCER. I am a servant out of place . On the 1st of August, about half-past twelve o'clock at night, I met the prisoner in Portland-place, I went to her lodgings in George-street, St. Giles , a woman lit us up stairs; we had some bread, butter, and beer, which I paid 1 s. for, and 2 s. for the lodgings. I had 3 l. in my breeches pocket, which I put under the pillow; I fell asleep, and awoke between six and seven o'clock next morning, and she was gone; I made enquiry in the house, and found her about two o'clock that day, she was taken into custody and pretended that she never saw me before. I had spent the evening with a few servants and was not drunk. I was not perfectly sober, nor was I tipsy. I left my friends about ten minutes past twelve o'clock - I had been to two or three public-houses.

JAMES TAYLOR . I am an officer. I apprehended the prisoner in Hampshire-hog-yard; I found nothing on her, she denied ever seeing him.

JOHN KENDRICK . I assisted in taking her in charge.

Prisoner's Defence. I beg to say it is the first time I was ever confined; any one might enter the room we were in, by getting over the partition, or pushing the bolt back; the house bears a most infamous character. I got up in the morning to get some drink, and met an acquaintance who I drank with, and got intoxicated.

GUILTY . Aged 40.

Transported for Seven Years .

First Middlesex Jury, before W. Arabin, Esq.

Reference Number: t18210912-103

1150. JOHN FISHER was indicted for stealing, on the 30th of July , two pewter pots, value 18 d. , the goods of Herman Stennick .

HERMAN STENNICK . I keep the Oliphant's Head, public-house, Mile-end . On the 30th of July, the prisoner came in and had half-a-pint of beer. I missed two pots, went out, and secured him with them.

MOSES FORTUNE . I found them in his pocket.

GUILTY . Aged 63.

Confined One Year .

First Middlesex Jury, before W. Arabin, Esq.

Reference Number: t18210912-104

NINTH DAY, FRIDAY, SEPTEMBER 21.

1151. JAMES BOWLEY was indicted for ripping and breaking up, 50 lbs. of lead, value 5 s.; belonging to Sir Walter Stirling , Bart. ; John Weyland ; Esq. ; The Right Honourable George John Earl Spencer ; The Honourable George Earl Galloway ; George Byng , Esq. ; Samuel Thornton , Esq. , and Hugh Hammersly , Esq. , and fixed to a building of theirs, with intent to steal the same .

SECOND COUNT, stated it to belong to the King, and fixed to a building of his.

THIRD COUNT, stated it to belong to persons unknown, to be and fixed to a building of theirs.

MR. ALLEY conducted the prosecution.

MICHAEL QUIN . I am a watchman of St. James's. On the 18th of August, about ten o'clock at night, I saw the prisoner coming down Swallow-street, with his coat on his arm, he crossed over into Chapel-court, where there are some houses being pulled down. Some lead had been stolen before, and I watched him by the ruins, and in five minutes I waited to see if he returned, but could not see him. I went to the ruins and found he had got over one wall, and was getting a leaden pipe out of a wooden spout - wrenching it off. I saw the lead hanging over the door; it was drawn from the nails, but still fixed - I secured him.

JAMES OSBORNE . I am a private watchman to Mr. Carboner. Quin sprung his rattle - I went to his assistance, and found the lead torn from the nails, but not quite taken off; I took it quite off, and had seen it safe and properly fixed that day.

JOHN ANTHONY GREATOREX . I am agent to the trustees of the chapel - their names are rightly stated in the indictment; the chapel was to be pulled down for the new street.

JOHN COX STEELE . I am son of the vestry-keeper of the chapel. Osborne gave me the lead - it was fixed to the privy belonging to the chapel.

Prisoner's Defence. I was at work near the place - I was coming down Swallow-street and went into this privy, which we all used, and as I came out the watchman sprang his rattle, and said I was after the lead - I never touched it.

GUILTY . Aged 36.

Confined One Year .

First Middlesex Jury, before W. Arabin, Esq.

Reference Number: t18210912-105

1152. JAMES CASHMAN was indicted for stealing, on the 13th of August , four loads of stones, value 2 l. , the goods of The Right Honourable George Talbot Rice , Baron Dynevor , and other persons.

SECOND COUNT, stating them to belong to the Committee for paving the parish of St. George, Hanover-square .

THIRD AND FOURTH COUNTS, stated them to belong to John Dent , or William Storey .

MR. ANDREWS conducted the prosecution.

WILLIAM SOUTHWOOD . I am a slater and live in King-street, Bryanston-square. In August the prisoner called on me about doing some paving for me, he said he knew a man who had some stones to dispose of, I agreed to take them at 9 s. a load, no particular quantity was mentioned; two load came afterwards, I paid him 6 s., and my nephew paid him the rest.

JOHN SOUTHWOOD . I live with my uncle. The prisoner came to me - I gave him 9 s. for one load of paving stones. At another time I paid him for more; four loads came in all, and he was paid for them; he did not say where he brought them from.

Prisoner. Q. Did not Johnson's cart bring them - A. I do not know.

RICHARD FINCH . I live in Pleasant-row, Lisson-grove. The prisoner came to my yard and said he wanted a horse and cart to fetch some stones. I agreed to let him have one, and on Monday night, the day before the Queen's funeral, I went with him and the cart to South Molton-lane , and there he loaded the cart with stones, which were piled up there. I drove them to Southwood's yard, by his direction; he went with the cart and shot them down there; he has not paid me the cartage. I live with Southwood.

JOHN BEAUMONT . I was in South Molton-lane, and saw Finch there with the cart. The prisoner came afterwards and assisted to put the stones in the cart and went away with it. There was another man who assisted in loading them.

WILLIAM STOREY . I am surveyor of the pavemen of St. George's, Hanover-square. The men were at work on the pavement in South Molton-lane, by order of the Commissioners of Sewers; they have the power of removal. I attend to their directions in replacing the stones, they were under my controul. There were fifteen or sixteen loads there.

JOHN DENT . I am a bricklayer, and foreman to the Commissioners. We were at work in South Molton-lane, and placed the stones by the side of the street for safety; they were under our care.

Prisoner's Defence. It is all false. Southwood had a job to do, and employed me to get him stones. I asked several people where I could get them; Storey's carter said he had a few loads to sell, I told him if he went to Southwood he wanted some. I was in the yard when he brought one load, and let him in at the gate. Storey's carter brought them, Southwood paid me and I gave him the money. A week after they sent Michael Shehan to know if I could get some more. I came down with the cart, and the two men loaded it, the carter satisfied them for the stones. Gardener sold them, he is Storey's carter. Fish heard the man agree to sell them.

WILLIAM SOUTHWOOD . He did say he had them to sell for another person, he said the man had more stones than he wanted and wished to sell them. I did not ask who the person was.

WILLIAM STOREY . Gardener was my carter in August last, he was employed by the trustees, and worked under my direction; he was discharged last Saturday on suspicion of some other things.

RICHARD FISH . I heard nothing about Gardener selling them to him.

NOT GUILTY .

First Middlesex Jury, before Mr. Common Sergeant.

1153. JAMES CASHMAN was again indicted for stealing, on the 14th of August , four loads of stones , value 3 l. the property of the same persons.

WILLIAM SOUTHWOOD . On the 14th of August another load of stones were brought, I had four loads in all. I never saw Gardener, the prisoner never mentioned his name to me, nor did I see him give the money to any man.

WILLIAM SOUTHWOOD , JUN. Four loads of stones were brought in all. I paid the prisoner thirty shillings in all, and never saw Gardener.

Prisoner. Q. Did you not see the cart with a grey horse - A. Yes. I did not see him give the money to the carter or any body.

RICHARD FINCH . I am carman to Southwood. On the 14th of August between ten and eleven o'clock, I went with the prisoner and cart to South Moulton-lane, there was a black horse in the cart, it was loaded with stones, which were piled up there; the prisoner and I loaded it, there was another man there, I do not know who he was or where he came from, we found him there. The prisoner acted as my master in the business, and took me to my master's; the other man went with us as far as Moore-street, about one hundred yards from the yard. I know nobody in the transaction but the prisoner, he took the money, the man was not present then; the same man went part of the way on the second day also. He was a labouring man.

JUROR. Q.Was he tall or short - A.Tall, about five feet eleven inches high. I did not conceive that he had any thing to do with them; he talked to the prisoner and the other man while they were loading.

JOHN DENT . These stones were under my care. I do not know how many were taken.

WILLIAM STOREY . I should think seven load were taken. I know Gardiner, he is a short man, certainly under five feet six inches high.

Prisoner's Defence. I told you before that Gardener could not go out to work and he sent is man, Michael Shehan .

WILLIAM STOREY . I do not know Shehan.

GUILTY . Aged 25.

Publicly Whipped and Discharged .

First Middlesex Jury, before Mr. Common Sergeant.

Reference Number: t18210912-106

1154. THOMAS HOPKINS was indicted for stealing, on the 20th of August , ten casting moulds, value 10 l., the property of Vincent Figgins , in his dwelling house .

MR. BRODRICK conducted the prosecution.

VINCENT FIGGINS . I am a letter founder . I live in West-street, Smithfield . The prisoner was in my employ, and left me early in 1820. I use casting moulds to make letters. I have not sold any for fourteen years, and then it was to the East India Company.

THOMAS HUGHES . I keep the St. Luke's Head, public-house, near St. Martin's church. The prisoner lodged with me three quarters of a year, and left a fortnight ago, when Read the officer came. About four months ago he delivered me some moulds to take care of, I gave the same to Read. He left the lodgings suddenly without notice, and owed me 3 l. 15 s. for rent and a score.

Prisoner. Q. Did I desire you to conceal them - A. No. He told me to keep them dry. Some acquaintances of his once came to see them, they were in a drawer in my parlour, which was locked at times. They were shewn to persons both in the parlour and tap-room.

WILLIAM READ . I am an officer. On the 21st of August Hughes gave me ten moulds from his bed-room. I had been at the house all night, waiting for the prisoner, and was in search of him eight or ten days, but could not find him.

JOHN NURSE . I am mould maker to the prosecutor, and have worked twenty-seven or twenty-eight years for him. The prisoner came to work there, and left at the beginning of 1820. Some moulds were missed about the time he left, and while he was there, and some since, but they might have been taken before. I made these moulds, their value was from 3 l. to 3 l. 10 s., but they are not worth that now. He worked their ten or twelve months, we missed none till he came. We have from twenty to thirty workmen.

THOMAS FIGGINS . I apprehended the prisoner in Palace-yard. He denied the charge.

Prisoner's Defence. I do not know where to find the person I had them from.

NOT GUILTY .

First Middlesex Jury, before Mr. Common Sergeant.

1169. THOMAS HOPKINS was again indicted for stealing, on the 20th of August , fifty-six pounds of types, value 50 s., and one mould, value 10 s. , the goods of Vincent Figgins.

WILLIAM BASS . I am a printer, and live at No. 3, Redcross-court, Barbican. I work for Mr. Macdonald, of Great Sutton-street, Clerkenwell. I have known the prisoner four or five months - about that time ago, he told me he had some printing materials to sell, which were the remaining stock of his business, as a letter-founder at Bristol - he gave me a sample of the type as a specimen to sell for him; and shewed me some in a box, but I did not understand them - he said one Williamson was his partner - I offered the type to Mason, six or seven weeks ago, and shewed him the sample, and in consequence of what he said, I brought him the rest of the type. I got it from Hughes's, the prisoner helped me to carry it - it was 56 lbs. It was weighed at Masons; the prisoner did not go into Mason's with me, he brought it to the door, I said I would take it in myself; a mould was with it, like those which printers use - I told the prisoner to write a bill, he wrote it in the name of Williamson and Co., and asked me to copy it - he said Williamson was more known in the trade as a letter-founder, as he was the principal workman - he gave that as his reason for having the bill in that name - I copied it to alter the price, as I was to have a profit on the sale - I delivered the bill to Mason, and after that, called several times for the money, as he was busy; I told the prisoner from time to time that Mason was putting me off, but as he was poor, I gave him 1 l. in advance. The last time I went, which was the 18th of August, Mason told me he had his suspicions, and that Figgins had claimed it. I immediately went to Figgins (no charge was made against me), this was on a Saturday - I arranged with Figgins to meet him at the Lamb and Flag, public-house, Clerkenwell-green, on Monday - I told the prisoner of it, he said he would be there at one o'clock - I returned and told Figgins the hour appointed; I went, according to appointment - Figgins, Mason, and a man named Williamson came, as his name had been used, but I did not know him - we waited an hour, then Williamson and I were taken up - I was in custody a fortnight, and then admitted to bail - I had seen the prisoner at times, at his lodgings at Hughes's, and think I remember his taking some type out in a pocket handkerchief to be weighed, opposite to where he lodged - I was to ask 18 d. a lb. for the type; I agreed to sell it to Mason at 1 s.

Prisoner. Q. Did you not offer it to M'Donald first - A. Yes; and told him I had it from one Hopkins, who had been in business at Bristol, and said I became acquainted with him through my brother - I never said I took it for a bad debt; I told Mason that I had it from Hopkins, I did not say at the office that I had it from Williamson, I said he was in the business.

Q. Did not the Magistrate send you to the House of Correction for prevarication - A. He committed me, I do not know what for; I might say the type weighed about 51 1/2 lbs.

MR. BRODRICK. Q. Did you tell Mason you had it from Williamson - A. No; I copied the bill which was in that name - As soon as the prisoner was in custody, I and Williamson were discharged.

WILLIAM MASON . I am a printer, and live on Clerkenwell-green. About seven weeks ago, Bass brought me a sample of type, which he said was the property of two persons who had been in partnership at Bristol; that they had dissolved partnership, and he had it for sale - I said, I must see it before I could buy it; he afterwards brought it, and a mould, and gave me a bill of parcels, which I produce - it is made out in the name of Williamson. On examining of the type, I suspected it was not honestly come by, as there was none of some letters, and very few of others - I made enquiry, and sent to Figgins, and appointed to meet him, and Bass (whom I had told that Figgins claimed the property) at the Lamb and Flag - I went on Monday, Figgins, Bass, Williamson, and Read were there; the prisoner did not come - Bass and Williamson were taken into custody. I was to give 1 s. a lb. for the type, and 10 s. for the mould - Bass had worked for me about a year and a half ago; I told him it was Figgin's; he was willing to go to him - Read took the type.

Prisoner. Q. Did Bass say he had it from Williamson - A. At first he said from Williamson, and then from Hopkins.

THOMAS HUGHES . I have seen Bass at my house with the prisoner - the prisoner delivered me some type about four months ago, to take care of, he asked for part of it at the time he was treating with Bass - I gave him all, he took what he thought proper for a sample, and returned the rest - I heard him agreeing with Bass to sell it for him - he and Bass took it out of my house in a handkerchief, to weigh it; they brought it back, and afterwards Bass took it all away and a mould. I do not know whether Hopkins went with him then.

WILLIAM READ . I am an officer. Mason delivered the mould and type to me; I went to Hughes's, but could not find the prisoner - I went to the Lamb and Flag, public-house, on Monday, the 20th of August, he did not come there; I went to Hughes's immediately, and stopped till three o'clock in the morning, but the prisoner did not come.

VINCENT FIGGINS . I am a letter-founder. The prisoner left my employ about last January - on Saturday, the 18th of August, Bass called on me and made a communication about the type; I attended at the Lamb and Flag, public-house, and sent for Williamson, who was in my employ at the same time as the prisoner - the prisoner did not come, the others did - the type is my manufacture, and was never sold in this state, the mould has been altered since it was stolen, but it is mine.

(Property produced and sworn to.)

JOSEPH THOMAS . I am in Mr. Figgins's employ. The prisoner left in January, 1820; Williamson left in November, 1819; he came in August I know the type.

JOSEPH WILLIAMSON . I was formerly in Mr. Figgins's employ. I was never at Bristol in my life, and was never in partnership with the prisoner, except that I did some work for Mason, and the prisoner and I parted the money which the mould earned, that was before Christmas, 1819, This is the mould we used; he brought it to me; he was at that time in Figgins's employ; it was not in this state when I had it - it was in a stereotype state - I have used it both before and since it was altered - that was before Christmas, 1819; also, I put this board on it - I believe it to be the mould, but will not be certain.

Prisoner's Defence. As to Bass he has quite contradicted what he said at the office. As to my leaving my lodgings, I was in Hughes's debt and went to live in Clerkenwell.

GUILTY . Aged 44.

Transported for Seven Years .

First Middlesex Jury, before Mr. Common Sergeant.

Reference Number: t18210912-107

1156. WILLIAM PARKER , JOHN GLADDEN , and RICHARD GREYSTOCK were indicted for stealing, on the 1st of August , eight pounds of lead, value 1 s. 6 d., and one fixture, that is, one brass cock, value 1 s., the goods of Theophilus Leslie , and fixed to his dwelling-house, they having no title, or claim of title to the same .

SECOND COUNT stating it to be fixed to a certain building.

MR. THOMAS LESLIE . I live in the Commercial-road, Stepney, and have some houses in Hackney-fields, in Shoreditch parish . I saw all the pipes safe a day or two before this. On receiving information I went and found the brass cock and pipe broken off close to the wall; the pipe found on the prisoners was fixed to the house, in the garden.

JAMES GRAY . I am foreman to Mr. Grange, a gardener of Kingsland-road, and live within fifty yards of this house. On the 1st of August, about twenty-five minutes before five o'clock, I saw the prisoners for about twenty minutes walking together, and looking over into the gardens of these houses. Gladden went over into the garden of the empty house, and was there about twenty minutes, then returned and gave this pipe over the wall to Greystock, also a brass cock and some pears which he gave Parker; he then came over and they began to break up the pipe; Greystock put the cock and part of it under his coat; Gladden took the other two pieces and put under his jacket. I came down stairs and followed them towards town to the end of Margaret-street, and met a man, told him what I had seen; they then went down by the side of the canal towards Hackney again; I followed, and took Greystock, the others turned back, and the man secured them. We delivered them to a constable, and found the lead on them, it appeared quite fresh broken.

Cross-examined by MR. ALLEY. Q. You dont know whether it was fixed - A. No.

JOHN RICKETT . I am a constable. The prisoner was given in my charge with the lead; I compared it at the house with the remainder - it corresponded.

GLADDEN'S Defence. I was taking a walk and saw it lay in the garden, picked it up and gave it them.

GREYSOCK'S Defence. I saw it laying there, he went over and picked it up, and some pears.

PARKER - GUILTY . Aged 18.

GLADDEN - GUILTY . Aged 18.

GREYSTOCK - GUILTY . Aged 17.

Whipped and Discharged .

First Middlesex Jury, before Mr. Common Sergeant.

Reference Number: t18210912-108

1157. WILLIAM DUTTON was indicted for burglariously breaking and entering the dwelling-house of Thomas Edward Mitchell Turton , Esq. about two o'clock in the night, on the 4th of September , with intent to steal, and stealing therein twenty-one silver spoons, value 10 l.; four butter ladles, value 2 l.; one knife, value 10 s.; one cruet stand, value 3 l.; three guineas, thirty sovereigns, and five 5 l. Bank notes, his property .

SECOND COUNT for stealing the said goods in the said dwelling-house, and afterwards burglariously breaking out of the same.

Mr. BOLLAND conducted the Prosecution.

SUSAN SALMON . I am cook to Mr. Turton, of Chester-street, Grosvenor-place ; Mary Clench and Thomas Griffiths , the groom, were also in his service, and the prisoner was footman. I and Clench slept in the same room. On the 4th of September I went to bed at ten minutes before eleven o'clock, leaving the other servants up. I had bolted the door which led to the area with two bolts, and fastened the kitchen door with two bolts and a bar across. I got up between five and six o'clock and found the kitchen door open; a hole was made in it large enough for a person to put their hand through and undo the bolt; the area door was unbolted but not open; the cellar door was shut but not locked. I did not go into the cellar; it was not locked over night. I opened it, and saw an iron candlestick standing on a box; Mr. Turton had two of these candlesticks. The pantry door was a-jar - I had not noticed that at night. Mr. Turton saw the premises in the same state that I did. I went up and called Mary Clench .

Cross-examined by Mr. BRODRICK. Q. I suppose the candlesticks were kept on the kitchen mantle-piece - A. Yes; when I went to bed there was only one of them in the kitchen and that was in the cupboard; I dont know who had the other - master had a party that evening. There are no coals or beer in the cellar.

THOMAS EDWARD MITCHELL TURTON , ESQ. - I live at No. 9, Chester-street, Grosvenor-place, in the parish of St. George's, Hanover-square. The prisoner was in my service; he came at the latter end of June or beginning of July, and was going to leave me on the 5th of September, not for any fault. On the 5th of September he was to have called me at a quarter before six o'clock, but did not, and I got up at a quarter past six o'clock - it was my usual custom to give him orders to call me every morning, but he was rather irregular in calling me at all times. On my coming down I first saw Mary Clench , who told me the house was robbed; I went into the kitchen and she followed me. I there saw the cook, and the prisoner near the door. The prisoner first spoke - he said

"The house has been robbed, or they have broken in here, and they have stolen every bit of the plate, and my silver watch: I broke the glass of it on Saturday, and left it in the pantry and forgot to take it away." - I did not exactly know myself where the plate was kept, but I understood from him that it was kept in a drawer in the pantry adjoining the kitchen, he had the charge of it. The plate in his care was in use at dinner time on the day preceding. I know he had only part of the spoons in his care - the party at dinner were eight. I saw several spoons in use that day - butter ladles: a butter knife, and a cruet stand.

Q. Did you examine your premises - A. I did, when he spoke to me in the morning; he added,

"And my watch; but I know the maker's name, and have that in my Bible at home." I then spoke to him again, and he pointed out the cellar (the door of which is opposite the kitchen door, and both are inclosed by the area door), and said they must have been concealed here, and they have left a candle here. I went into the cellar and saw the candlestick; it was an iron one, and had the appearance of having had a candle burnt out in it, the tallow having run down on the box. I

then examined the kitchen door; it is here - it is in the same state as it was that morning; several persons have put their hands through the hole, as well as myself, and that has smoothened the surface; but it appeared to have been done by different punctures by a gimblet-hole. On the outside of the door between the kitchen and cellar doors were several pieces of wood, which appeared to have been taken out of the door - the hole might have been made by persons outside the door.

Q. Could you say how those broken pieces of wood which you picked up had been taken out - A. I ordered them to remain in the same state till the officer came; they were then taken up and tied together, and afterwards put into the hole. I found by putting my arm into the hole I could reach the bolts, and get about the centre of the door. A strong bar went across, which was fastened at the end with a staple, and at the other end with a small iron pin, it was within reach of the hole; the bar could not be let down well without making a considerable noise, as it was very heavy. At the bottom of the door is another bolt, smaller to the one at the top; that appeared to be shot, and the staple, which was not a strong one, appeared to be forced. The door opens into the area, but it is within the area door.

Q. The pieces of wood were laid together - what appearance did they exhibit - A. It appeared that by making a number of holes with a gimblet, they had been forced out. I then asked the prisoner when he went to bed; he said at two o'clock, and that he and Mary Clench were the last persons up - his bed-room was over the coach-house, which was separated from the house by a small yard at the back of the house, and to go to this yard you pass through the scullery - I think nothing further passed at this time. In the course of the morning, having then no suspicion of him, I told him if he had not got another place, if it was any accommodation to him, he might continue to sleep on the premises as usual, and told him as I should be coming to town occasionally, and bring no servant, he would have an opportunity of earning a few shillings by cleaning my things, instead of strangers - he made no answer - I thought at the time it was a little foolish pride, and said "You have not got a place, have you?" he said "No." - I said "Then I think you may as well stay and earn a few shillings;" he said "Yes." I examined the area door, and perceived no marks of violence at all - I found it closed, but not bolted. In the course of the day it was determined to search all the servants and their boxes - they all consented, and Gillmor and Dew, the officers, went with me to his room over the stables, where he slept with Griffiths - a box was searched, which he said was his, and in this was a few articles of clothes, and a small bag containing five sovereigns. I should have stated before, that I only thought the plate was gone - but after this I had occasion to go to a drawer in my dressing table, (about eight o'clock) - the officers came about half past seven o'clock - I first went into my dressing room about a quarter before seven, but did not suspect any thing then - I had undressed there the night before, and it appeared, in every respect, as I had left it the night before. About eight o'clock I went to the drawer, where I occasionally kept a few pounds. I found this drawer open - I don't know that it was locked over night - I believe it was not - I opened it, and found two common canvas bags gone; one had contained 43 l. or 48 l. consisting of 5 l. notes, and the rest in sovereigns. The dressing room is just at the top of the kitchen stairs, at the back of the dining room, not on the same floor as the kitchen: in the other bag there was five guineas, a half-sovereign, and some sovereigns, amounting altogether to about 10 l. - this was gone. I had left them there on the Friday preceding, and had not seen them since. When I left home on Sunday, I had occasion to open the only drawer in that table which I kept locked, and being rather hurried I left my keys in it, and when I returned on the Tuesday I asked him if he had not seen them - he said he had, and had given them, on the following day, to Mrs. Turton, who gave them to me. I had locked the drawer which contained the money, on Friday. When I missed the money, I found the drawer, in which I left the keys, locked, and all of them closed. The sovereigns, in the drawer, were of the coinage of 1817 and 1821. When the sovereigns were found in the prisoner's box, Gillmor said, "Where did you get these?" he answered, "Worked for them to be sure." He said "Who paid them to you," he answered, "Captain Losant ." Gillmore said "What for?" he said, "For my wages." They then searched his breeches pocket, and found another sovereign, which he said he had worked for, and received that also in the same way. I said, "How much did Captain Losant pay you?" he said, "About 7 l." that he had paid him in notes, but that Mr. Noell, Mr. Penny's butler, gave him sovereigns in exchange. I asked how many Noell gave him, he said "Five." Then said I, "How came you by the other?" he answered, "He did not know." We then proceeded to search some drawers in his bed-room, - he said they were his - that the clothes found in them were his. One of the drawers was locked. Gillmor said, "What drawer is this?" he said "Mine," - that he had lost the key a fortnight ago. Gillmor asked what was in it, he said, he did not know, there was not much; the same question was put, and he repeated it several times - the officers forced it open - there was some broken seals and other things, and a phosphorus box and matches. A brass candlestick stood on the drawers which were searched. Gillmor asked, "Who brought that up?" Griffiths, who had returned, said, that it had been there from the day before, and that the prisoner brought it up the night before, (on the Monday night), and that it had been there ever since. After some further search, we proceeded to examine the kitchen door again, and the drawer in which the prisoner said the plate was kept the night before. One of the officers said, "This drawer has been forced with a chisel." (Here the witness produced the drawer, and the upper part which the bolt of the lock entered). I examined it, and thought it corresponded with a chisel which had been in an open tool box of mine, which chest also contained a gimblet. I compared the chisel with the marks on the drawer in the prisoner's presence; it appeared that my chisel and gimblet had made the marks on the drawer. I pointed out a particular dent which corresponded - he said nothing. During the whole time the examination of the door and drawer were going on he made no observations. We then went to the door, here are the pieces of wood which filled up the hole in the door, the holes were tried with the gimblet and corresponded with the bore. These tools had not been used to my knowledge for some months, and in the pipe of the gimblet, which I took out of the chest, were some small particles of saw-dust, as if it had been just used. I shewed this to the officers in his presence. There was another hole inside

the door in a different part, which corresponded with the gimblet; and there was a similar puncture in another part of it, which corresponded with the point of the gimblet. He was asked whether he had locked the pantry door that night - he said he locked it and the door also, and took the keys up to bed with him. I examined the pantry door, and discovered no marks of violence, but did not examine it minutely. He said he had locked that door, and shewn the keys to Mary Clench that morning. Subsequent to this second conversation about the door, I examined the pantry door a third time, and found a small mark on the side of the door, about two inches above the lock, but there was not a dent so large as the dent in the drawer, it was, evidently, not large enough to have admitted the door to open, and the bolt of the lock of the door, which shuts into the wood, had not made the slightest mark on the door post, and it moves with considerable difficulty; for on trying it with a chisel, it snapped before I could move it at all.

Cross-examined by MR. BRODRICK. Q. He came into your service in June from Captain Losant - A. Yes: I had a most excellent character with him. He did not appear to have lived in London as a servant, but appeared to know London perfectly well. Griffiths has lived with me about a fortnight less than him; he came as a temporary servant. I took him without a character - he referred me to Lord Belfast, but I did not go.

Q. Look at the inside of the door, you will see a piece of wood split, has not that been done from without - A. Certainly: I believe most of it is done from without. I have only brought half the door here.

Q. On the other half, was there not the mark of a crow bar outside - A. I think not - there was the mark of some instrument being applied outside, I think it was a poker, or something of the sort. The prisoner would have no occasion to go to the area: he slept at the back of the house - he had a key of the plate drawer. A picklock key would certainly open the pantry-door. Griffiths said in his presence that he assisted him to clean the plate, and that they counted it and locked it up; and he said Griffiths had assisted him that day as well as at other times. The chisel and gimblet are very common ones - my tool-chest is in my dressing room. I am certain the money was safe when I left the keys in the drawer. I dont think if Mrs. Turton had occasion for money she would go to the drawer - she had the keys, but did not know the money was kept there. I know Mr. Penny is in Somersetshire, and believe Noell is with him. I offered a reward of 40 l. for information to lead to the discovery of my property.

MARY CLENCH . I am house-maid to Mr. Turton - I was so on the 4th of August; in the evening the cook went to bed about half-past eleven o'clock, leaving me, and the groom, and the prisoner up; the groom went to bed about a quarter-past one o'clock, leaving the prisoner and myself up. About half-past one o'clock, I heard a noise at the kitchen door, as if something was boring into the door; the prisoner was sitting by me at the same time: I said,

"I heard a noise;" he said "No, I dont think there is, it is only your fancy." I did not always set up so late, but my mistress was up till half-past eleven o'clock. Just after I heard the noise, I went into the housekeeper's room (which is on the same floor as master's dressing room), to fold up some linen which I had been ironing in the laundry; while I was there the prisoner came to me, this was a quarter to two, or two o'clock; he asked whether I was going to bed; I said yes, as soon as I have folded up my things: I went to bed just after it struck two o'clock, and left him down in the kitchen. When he left me he had a candlestick and the lamp of the drawing room; it was an iron candlestick like that produced, master has two of those candlesticks and three flat ones; there is one more besides that produced. After he left me I heard him go into the pantry or laundry, and then into the scullery, and heard the candlestick put down; there is a door at the top of the kitchen stairs, which I shut after the prisoner went down; when I went to shut it, I saw him standing at the bottom of the kitchen stairs, looking at me shutting the door; he was very near the pantry, and the pantry door was open, I cant say whether he shut it or not. I got up about a quarter before six o'clock in the morning, it was then light - the cook called me. I went down into the kitchen to see the confusion, as she said the house was robbed. After looking about, I went and called the prisoner; I called him three different times at the bottom of the stable stairs - he made no answer; I went up stairs and knocked at the door, he opened it, he was very near dressed; I said,

"Somebody has broken into the house," he said, "Is there - it is impossible, for I have the keys of the pantry in my pocket;" he came down stairs into the pantry, I went in with him, he only looked and said nothing. I never heard him say any thing about the robbery. The pantry door was wide open when we went in. I told him he was to have called his master at half-past five, or a quarter to six o'clock, he said nothing. I recollect on the Saturday before the robbery, Mrs. Turton asking the prisoner to lend her a sovereign; he said he had not got one, or any silver. On Sunday afternoon I saw him putting on his boots, he asked me to lend him 3 or 4 s. I said I had no more than I wanted.

JURY. Q. Had he any particular business to keep him up that night - A. I dont know that he had.

Cross-examined. Q. You had a dinner party that day, and he had to get his things ready to go next day - A. Yes: when I went to call him Griffiths was in bed.

Q. Did you only say somebody had broken into the house - A. Yes; I said, "and every bit of the plate is gone." And then he made that answer - I came down directly and he followed me.

Q. When Mrs. Turton asked for a sovereign she wanted it immediately - A. Yes. I heard him put the candlestick down in the scullery, if any body broke in they could go to the scullery and get it.

HANNAH HUNT . I am servant to Mrs. Gambier, who is Mrs. Turton's sister. I was at Mr. Turton's on the night of the robbery, and went to bed between eleven and one o'clock; I had an iron candlestick, like the one produced, to light me; when I got up in the morning at half-past six o'clock, it was still on the drawers where I left it.

Cross-examined. Q. It is a common iron candlestick - A. Yes.

THOMAS GRIFFITHS . I am groom to Mr. Turton, and was so on the day of the robbery. The prisoner slept with me over the stable. I generally went into the house of a morning to brush my master's clothes, and the footman takes them up. On the 4th of September, I helped to carry up the dinner; six persons, besides my master and

mistress, were there. I went to bed a quarter before one o'clock; the cook went a quarter before eleven o'clock. I helped the prisoner that day to wipe the plate up, which I had done before; it was finished about half-past 12 o'clock. When I went to bed I left him and Clench up. When he wiped the plate he counted it over, and there was a fork and spoon missing, he went and found them, and he put them in the drawer, locked it, and put the key in his pocket; the articles stated in the indictment were there. I went to bed at a quarter to one o'clock, and at two o'clock, as well as I can guess, he came into the room with a light, and I supposed he was coming to bed; I went to sleep and cannot say whether he came to bed or not, but I awoke about four o'clock as near as I can guess, and he was not in bed then. I was awoke at five o'clock by his coming into bed, he got on at the wrong side, for I had taken all the bed to myself in finding he was not coming. When he came it was day break - I said, "Why do you come to bed at this time of morning?" He said he had been in bed all night. I said that was wrong, for I had missed him at four o'clock, and asked him what brought him on my side of the bed - he made no answer. I am sure he was not in bed when I first awoke. Clench came and called him, he was up and dressed; she said, "William, the house is broken open, the pantry is opened, and all the plate is gone." He said, "Is it;" he said no more, but went down. I know he had a watch; I have not seen it since.

Q. On the Sunday preceding did he say any thing to you about money - A. He asked me to lend him some, I said I had not much, and lent him 2 s.; he had borrowed 1 s. of me the day before and not paid it; he said he should have some money from his master soon and would pay me.

Cross-examined. Q. How do you know you went to bed at a quarter to one o'clock - A. I looked at the clock. I went to sleep in about five minutes - I only guess that I awoke at four o'clock, it might be a quarter past, I was rather sleepy; it was break of day at four o'clock.

Q. What in September - A. Yes; I was up at half-past four o'clock this morning and it was break of day then. I did not hear him say, when Clench came up, that it was impossible, for he had the key - I will not swear he did not say so; I was in the room and heard what passed. He went down immediately; I did not go down till master called me, about half-past six o'clock.

Q. You was not in a hurry - A. I had no suspicion whatever, I merely thought it a joke, I thought they were sweethearting.

Q. Pray when did you first tell your master about the prisoner not coming to bed - A. I believe a day or two after, I cannot tell whether it was not six or seven days after, it was not the next day; I never told till I was asked about it.

Q. You were out that day - A. Master sent me out about two or three o'clock, I dont know that I went out before, except to fetch the officers between seven and eight o'clock; I came back as soon as possible, I might be gone half an hour. I left word at the office for them to come directly, and master sent me again about a quarter to nine o'clock. I did not go out again till master sent me to Queen-square, Haymarket, in the afternoon; I was gone about two hours.

MR. BOLLAND. Q. Where did your master send you first - A. To Queen-square, I went straight there and came straight back, and so I did when he sent me a second time.

Q. You went to bed at a quarter before one o'clock - A. Yes, it was moonlight when I went to bed; the day broke about four; it had not broken when he came in the room with the candle, but when I awoke the second time, it was light enough for me to see that he was not in bed. When Clench came up, she went down before him and he after her.

Q. When she said the house was broken open, you did not think it was - A. No; they had correspondence and loveship together, I thought it was a joke, and they were courting; I thought he had been sitting up with the girl, and did not suspect him.

MR. BRODRICK. Q. What was your reason for noticing the time the cook went to bed - A. I had no reason, I just looked at the clock when she fastened the doors. I am not generally in the house, only they had company and wanted me; I had assisted him once before.

JAMES GILLMOR . I am an officer of Queen Square. I went to Mr. Turton's, on the 4th of September, with Dew, about 7 o'clock in the morning. Mr. Turton told me what had passed. We went into the area, and found no marks of violence on the area door. On the kitchen door we observed an instrument, apparently a gimblet, had been used, to make a hole large enough to put an arm through - the holes appeared to me to have been made on both sides. One hole inside was not drilled through, and the pieces of wood were picked up outside the door, so that they appeared to have been forced from inside, and to have fallen without. On going afterwards to the area steps, I saw marks of three footsteps, apparently from the same foot - two were on the side next the house, and the other as if the person had got over the area rails. A person could not get to the kitchen door without coming through the area door - the space between the doors is enclosed - the steps pointed as if they went from the house - there were two marks on Mr. Turton's side of the parapet - a small quantity of dirt stuck on the top of the rails, as if a person had put his foot up, and got over out of the area. I examined the pantry drawer, and then went to the prisoner's bed-room. I found a little cotton bag in his trunk, containing five sovereigns - I produced it, and on his person I found another sovereign - he said he got the five from a person he formerly lived servant with. He afterward said, he exchanged the notes with a butler for them, and he had had the one some time. He said he had lost the key of his drawer, Dew broke it open, and found a phosphorus box with matches in it. I compared the drawer with the chisel which Mr. Turton brought down - it appeared to have been done with a chisel of this size, and the gimblet fitted the holes in the door. I rather think, by the footmarks, that the person had small nails in his shoes.

JURY to Mr. Turton. Q. The chisel is now broken, was it in that state when you last saw it. A. It was not, for I had my tools all done up, and had not used it for nine months - they were open to every body. A person climbing over the rails, could not get between the area and kitchen door, it is enclosed - the candlestick was found within the enclosure. If any one was concealed in the cellar, they could unbolt the area door and go out, and if they wished to go into the kitchen, they must break the kitchen door open. There certainly was an appearance of somebody having been concealed in the cellar. A hamper stood open in the middle, and the dirt appeared to be moved, as if somebody had been there.

CHARLES DEW . I am an officer, I went with Gillmor to examine Mr. Turton's premises, and saw the chisel applied to the drawer, and the gimblet to the door. I should consider that they had been forced from the inside, from the directions in which I found them.

Cross-examined. Q. If a person outside bored two or three holes, they could put their fingers in and pull a piece out. - A. They might after getting the first piece out.

Prisoner's Defence. All I have to say is, that Griffiths is false in saying I was not in bed at 4 o'clock. I went to bed at 2 o'clock as near as I can imagine, and from then till about five o'clock was not out of bed. I never awoke till five o'clock, and then he awoke me by throwing his arms across the bed. I then looked at his watch, and said, "Dear me, it is half past 6 o'clock," he said his watch was an hour too fast. I got up, and Clench came and said the house was broken open and the plate gone. I said, "How could that be when I had the key in my pocket;" which I believe I shewed her.

CAPTAIN LOSANT . I live at Whetstone; the prisoner lived three years with me, and left to go to Mr. Turton; I paid him 5 l. 7 s. while he was with me; he perhaps has advanced 2 l. for small things - I paid him in notes. Captain Tucker lived at my house, he did little services for him, and received something for that.

ELEANOR LUNSDEN . I wash for the prisoner, and have washed for Mr. Turton. On the Friday before the robbery the prisoner offered to pay me what he owed me with a sovereign, I could not give change.

MR. BOLLAND. Q. Do you wash for Mr. Turton's family or have you been discharged - A. I gave up their washing.

NOT GUILTY .

First Middlesex Jury, before Mr. Common Sergeant.

1158. WILLIAM DUTTON was again indicted for stealing on the 5th of September , four mother-of-pearl counters, value 4 d.; three pair of stockings, value 5 s.; two pair of gloves, value 2 s.; and two napkins, value 2 s. , the goods of Thomas Edward Mitchell Turton , Esq.

THOMAS EDWARD MITCHELL TURTON . ESQ. I live in Chester-street, Grosvenor-place, the prisoner was in my service from the latter end of June until September; he was to leave me on this day. In consequence of certain suspicions, I ordered Gillmor and Dew to search his person and boxes; we searched him in his bed room, and in his waistcoat pockets we found four mother-of-pearl counters, which I immediately knew to be my property. I said,

"William, how came you by these?" - He said, they came down on the tray one night about three weeks ago. I said that was impossible;

"for we have not played at cards since you lived with us." He said,

"I know you have not." - We searched his boxes and drawers, and found very little linen there. I asked him where his linen was - he said in the laundry; we then went towards the laundry, but I went into the kitchen with Gillmor, and Mrs. Turton was there; the prisoner went with Dew into the laundry. We had not been there many seconds before I heard Dew call out, "Gillmor, come along, he is making away with something." - On which I immediately went in, and saw Dew and the prisoner standing by one of the dressers in the laundry; there were three bundles before him; Dew was untying one, and the prisoner just as I went in undid the knot of another, and Gillmor laid hold of it. He was asked who these bundles belonged to - He said they were his, they contained linen of his with his name at full length on them. When I saw him untying the bundle, I said, "What are you about, William?" He said, only shewing the officers the things. I said, "Let them alone, and let the officers search themselves." The officers proceeded to search it, and in it they found folded and rolled up in a paper parcel, three pair of stockings and a pair of gloves, all of which I knew to be mine. I said, "William, how came these here?" - He said, "I brought them down when I unpacked your gig seat the last time we went out;" he afterwards said, the last time but one. I said, "Were not these with the other things?" He said, "Yes, they were." - I said,"Then how came you by these down here when you put the others by?" His answer, I think was, "I brought them down because I was going away." Captain Gambier , who was present, said, "If you were going away, you had no occasion to bring them here." He made no answer. - I should say, he had been in the habit of unpacking my things when I came from the country, but on these occasions I always gave him the key of the place they were in, and the key of my wardrobe, desiring him to put them by, and return me the key; and on the occasion spoken of, I had no stockings in my gig seat; for I had come to town from Croydon assizes, it was on that day week, the officers proceeded further in the search, and pulled out two dinner napkins from the same bundle in a dirty state. I said, "Halloa! what is this?" He said, "These are some of the dinner napkins in common use." I asked him what business they had in his bundle? - he said he put them there by mistake. Mrs. Turton said, "William, that is very odd; for I asked you this morning if you had any more napkins, and told you that five were missing." - He made no answer. Captain Gambier then searched his great coat pocket, which hung up, and pulling a pair of my kid gloves out which had been worn, he said, "Whose are these?" He said, "I dont know." - I said, "Why this is another pair of my gloves." - He said nothing. This is the second pair that were found. The first pair I can swear to as mine. I cannot swear with certainty to those found in the coat, as they are soiled, the others have never been worn. I had eight or ten pair in my wardrobe, and can tell them from the make and texture - the stockings and napkins are mine. Mrs. Turton, Captain Gambier , and the two officers were present at the search, but only the officers were present at this time.

COURT. Q. He was about to leave your service that day? A. Yes; he was to have left at twelve o'clock, his linen was all tied up in bundles apparently ready to be taken away with him.

Cross-examined. Q. You have not the least doubt but that the property was taken at different times? - A. I have no reason to suppose they were; most probably they were not taken all at once. I had had some friends the day before, he did not have a good deal to do, we had a mere family dinner. I searched his bundles at three o'clock in the afternoon; there had been an alarm in the house in the morning, and I had sent for the officers; he knew they were coming, but not that a search was to be made. I staid in the kitchen till they came in the morning to look at the premises; I dont think he knew they were coming in the afternoon. I dont think he had an opportunity of moving goods

without much hazard, for the laundry is much frequented by the servants. He had no business to touch the stockings. I do not wash at home; nobody but the housekeeper has any business with them.

COURT. Q. Have you ever given him stockings? - A. I never gave him a pair, nor allowed him to take them; they are what I was wearing; all he had to do with my things was to put them in the wardrobe.

JAMES GILMORE . I was present at the search, and have the things in my possession ever since. I have heard Mr. Turton examined, his account is perfectly correct.

Cross-examined. Q. How long were you searching - A. Two hours. I went to the house three times; the prisoner did not know what I came for.

Prisoner's Defence. I have some recollection of the things being brought down either in master's trunk or gig seat. I have unpacked his trunk and brought things down in the laundry to go away, and they were put in a drawer where table cloths and napkins are kept; I saw no more of them till this morning, when I found them wrapped in paper. I put them on the table, intending to take them up, but in the hurry forgot it. I never put them in the bundle, nor were they ever in it; the officer scattered the things over them, and said he found them in the bundle.

JAMES GILMORE . I am positive they were in his bundle, I saw them immediately on opening it.

MR. TURTON. I saw them found in his bundle; I never wrapped the stockings in paper; my portmanteau never came down into the laundry, he unpacked it in the dressing room.

GUILTY . Aged 22.

Transported for Seven Years .

Second Middlesex Jury, before W. Arabin, Esq.

Reference Number: t18210912-109

1159. JOSEPH JOHNSON was indicted for stealing, on the 7th of August , one pair of shoes, value 5 s., the goods of Mark Morris ; one round frock, value 3 s.; one waistcoat, value 2 s., and one handkerchief, value 1 s., the goods of James Clark ; one leather apron, value 6 d., and one whetstone, value 2 d. , the goods of John Hutchins .

JOHN COLEMAN . I am a farmer, and live at Harlington . The prisoner had worked for me, I discharged him. On the 17th of August - when I got up, I missed this property from the stable; I suspected him, and found him at work at Denham, which is seven miles off, and found all the property in a bundle, under his clothes, in the field where he was reaping; I told him I thought he had something which did not belong to him, he opened three bundles, and this property was in the last one.

Cross-examined by MR. BRODRICK. Another man was with him, who ran away - A. Yes; both men had worked for me, the other man was apprehended afterwards - I do not know whose bundle contained the things.

JOHN COTTERELL . I am a constable. The property was given in my charge.

MARK MORRIS. I work for Coleman. On the 17th of August I missed a pair of shoes from the stable, the prisoner was discharged two days before - I did not see him or the other man, whose name is Brown, on the 16th.

Cross-examined. Q. When did you see Brown last - A. On Tuesday, he is about my size.

JAMES CLARK . I live at Harlington. I lost a smock frock, handkerchief, and jacket from the stable - I did not see the prisoner or Brown; they were both discharged two days before.

Prisoner's Defence. I working there a fortnight, and told him where I was going to work, and about an hour after I got there, he came and asked if I expected to see him, I said "No," he said,"A'ynt you got some things which don't belong to you," I said, "No," and while I was shewing the other man's things, he ran away - it was the other man's bag.

JOHN COLEMAN . He did tell me he was going to work there, there was two bags and a bundle he opened them, the stolen things were all in one bag.

NOT GUILTY .

Second Middlesex Jury, before W. Arabin, Esq.

Reference Number: t18210912-110

1160. THOMAS MALONEY was indicted for stealing, on the 26th of July , one jacket, value 5 s. , the goods of Thomas Weatherall .

THOMAS WEATHERALL . I work for Mr. Tribble, a nightman. On the 25th of July, I was at work in Scotland-yard , unloading a barge of stones - the prisoner was there. I took my jacket off, and laid it in the side of the barge; at twelve o'clock I was absent about half an hour, returned and missed it - I found it about eight o'clock that night, in pawn.

HENRY ASHMAN . I am a pawnbroker, and live in the Strand. I have a jacket pawned on the 26th of July, between twelve and two o'clock, for 4 s. by the prisoner. I am sure he is the man.

JAMES BRAY . I was at work in Scotland-yard, and saw the jacket on the barge at twelve o'clock. I laid down, and fell asleep in the barge. I went to the pump, and when I returned, it was gone - the prisoner was working in the yard as a labourer .

Cross-examined. Q. You and he had been drinking together - A. Yes.

Q. He said to you, "Here is Tom's jacket, we will pawn it, and redeem it when we get money" - A. No; nothing of the kind passed. We did not drink together that day.

(Property produced and sworn to.)

GUILTY . Aged 34.

Confined Two Months .

Second Middlesex Jury, before W. Arabin, Esq.

Reference Number: t18210912-111

1161. ELIZA EBBS was indicted for stealing, on the 1st of August , one watch, value 3 l.; one seal, value 1 l.; one ring, value 6 d., and one key, value 1 d., the goods of Richard Gratton , from his person .

RICHARD GRATTON . I have been a gentleman's footman . About ten minutes past nine o'clock at night, I was in Hyde-park , between Grosvenor and Cumberland Gates, and met the prisoner about twenty yards from there, she made a most indecent proposition to me, I was disgusted, and turned away; she kept entreating me and handling my waistcoat pocket. I had my watch-seal between my fingers. I kept retiring towards Cumberland-gate - she repeated her indecency. I was going to run away from her, put my hand down, and missed my watch - I charged her with it.

Q.Is that all that transpired - A. Yes; I was not ten minutes in her company.

The Court having the depositions before them, which were taken before the Magistrate, questioned the prosecutor as to whether certain indecencies had not taken place, which he positively denied, although he had so deposed before the Magistrate.

NOT GUILTY .

Second Middlesex Jury, before W. Arabin, Esq.

Reference Number: t18210912-112

1462. JANE EDMUNDS was indicted for stealing, on the 4th of September , from the the person of John Mulgannon , 2 l. 10 s. in monies numbered, and six 5 l. Bank notes, his property .

JOHN MULGANNON . I am a seaman . On the 4th of September, at four o'clock in the afternoon, I was in Drury-lane, and fell in with a woman, and went with her to a house in Wellington-place, Drury-lane - the prisoner and another woman were in the room - my money was safe ten minutes before I entered the room. I had six 5 l. notes, two sovereigns, and about 10 s. I put my breeches under the pillow, and saw the prisoner take them away, take the money out and throw away a piece of newspaper which they were wrapped in - nobody but her was then in the room. She went down stairs, I ran down, naked, to follow her, but she was gone - I had been about an hour in the room. I was drunk or I should not have gone - I was so drunk, that when I saw her take the money, I could not help myself.

JAMES ADAMS . I had an oyster-stall in Smithfield at the fair. On the 5th of September, the prisoner came to my wife and pair her a sovereign, which she owed her; she asked me to get a 5 l. note changed for her, which I did. She said she met a gentleman who gave it her.

JOHN BROWN . On the 4th of September, I was in Wellington-place, and saw the prosecutor very much in liquor - he did not know what he was about. I saw the prisoner up stairs in the room he was in; he went into the house with another woman, who took his clothes up in her hand, and came to the window with them - I saw the prisoner in the room.

WILLIAM SMITH . On Wednesday morning, the prosecutor came to the office, and complained of this robbery. I went to Bartholomew fair, and took the prisoner quite intoxicated - I found two sovereigns and eight shillings on her.

THOMAS BEAVIS . I was with Smith, I took thirty shillings from her.

NOT GUILTY .

Second Middlesex Jury, before W. Arabin, Esq.

Reference Number: t18210912-113

TENTH DAY, SATURDAY, SEPTEMBER 22.

1163. THOMAS NARROWAY was indicted for stealing, on the 5th of September , one sow, price 2 l. 5 s., and five hogs, price 6 l., the property of John Well , and one sow, price 30 s. , the property of Richard Matthews .

JOHN WELLS . I am a gentleman's gardener , and live at Hendon . On the 5th of September, about nine o'clock in the morning, I missed a sow in pig, and five fat pigs. I had seen them fastened in the sty, about six o'clock the evening before. I found my four pigs and a sow of Richard Matthew's at Pancras watch-house, two days after, and have since found my sow - I knew them to be mine.

RICHARD MATTHEWS . I live at Hendon. On the 5th of September, I lost a sow. I had turned her out in the street at a quarter past six o'clock. I found her at Pancras watch-house, and knew her - the prisoner lived in the neighbourhood, and has been in my house.

GEORGE CLUNES . I am sergeant of the night. On the 6th of September, about nine o'clock at night, I was at the bottom of Carmarthen-street, and saw the prisoner giving these pigs some potatoes, a woman was with him - I did not suspect him; he loitered about the street with them till ten o'clock; the pigs then strayed about the street. I drove them to the watch-house - the prisoner afterwards came and claimed them as his.

CHARLES COUSINS . I am watch-house keeper. About half-past four o'clock on the morning of the 7th, Clunes called me up. I went to Carmarthen-street, and he drove the four pigs and a sow to the watch-house, and about half-past ten o'clock that morning, the prisoner came and claimed them. I asked him about them; he said his father bought them at Barnet - he was permitted to go at large - the prosecutor saw and claimed them. I afterwards went and took the prisoner in Euston-square. I went up to him, and asked, when he wanted to fetch the pigs; he said directly, and went with me. I asked what they cost, he said 4 l. or four guineas. When he got into the next street, he ran away - I ran and secured him.

Prisoner. I throw myself on the mercy of the Court.

GUILTY . Aged 19.

Transported for Seven Years .

Second Middlesex Jury, before W. Arabin, Esq.

Reference Number: t18210912-114

1164. MARY FORD was indicted for that she, on the 21st of August , maliciously and feloniously did take, decoy, and entice away, a certain female child, called Hester Maria King (daughter of John Thomas King , and Elizabeth Sarah , his wife), under the age of ten years, (to wit, five years,) with intent to steal certain articles of apparel, and other things of value and use, being upon and about the person of the said child, to wit, one frock, value 2 s.; two petticoats, value 1 s.; one shift, value 6 d.; one pair of stockings, value 1 s., and one pair of shoes, value 1 s., the goods of the said John Thomas King .

SECOND COUNT, for maliciously and feloniously taking and decoying away the said child, with intent to deprive the parents of the possession of the said child, by concealing and detaining her.

ELIZA SARAH KING . I am wife of John King , he is a law stationer , and lives at No. 13, Chichester-rents, Chancery-lane . I have a daughter, named Hester Maria , she is five years old. On the 21st of August, about nine o'clock at night, she was sitting on the step of the door, I heard a person come by and say, "Ah, my little dear," and the child said, "Ah;" she said, "Will you go along with me and buy some nice cakes?" the child said, Yes, but she would go and ask her mother first. She came in and asked me if she might go with the lady; I said, what lady; she said, a lady who I did not know, but it was a lady in a white shawl who would buy her some nice cakes;

I said No, she should not go, if she did I would whip her; the child ran out, and I heard her say, she must not go; but what more was said I do not know; the child ran in to me and cried, and said, "Do let me go, she will buy me such nice cakes;" I forbid her going again. A person came in who took off my attention. The child ran out again, and I heard her say, "I must not go." I heard no more till I heard the child and somebody going out of the Rents, I sent a girl after her, before she could have got out of the Rents, as I missed her. A little girl came in and gave me information; I ran out and met a gentleman at the end of the Rents with the child, and found the prisoner at the watch-house.

Q. What time passed between your missing the child and meeting the gentleman with it - A. Not more than twenty minutes.

Cross-examined by MR. LAW. Q. You heard a person wishing the child to go with her and she would give her some cakes - A. Yes; I will not swear the person heard me refuse her. I had a glimpse of her - I think she must have heard it. The Rents are a great thoroughfare. A little girl, about eight years old, sat at the door with my child. The prisoner said nothing in my presence about her wanting to send the child to some chambers. The child was dressed in the clothes stated in the indictment.

PHILIP ERSWELL. I am a glass dealer, and live in Chancery-lane. On the 21st of August, a little before nine o'clock in the evening, I was nearly opposite Symond's Inn, in Chancery-lane, I saw the prisoner there going down with a child on each side of her, walking, she had not got hold of their hands then; I heard her say she would buy them some cakes - she was walking as from Mrs. King's, she asked King's child how her sister Sally did, she said she had no sister Sally; she then hurried up Carey-street, and Bell-yard - I kept following her. I saw Kearney, the beadle, told him my suspicions - he went and took her in my presence; I went and found the mother.

Cross-examined. Q. Did you hear her state she intended to send the child to Symond's Inn - A. No.

THOMAS KEARNEY . I am beadle of the Rolls liberty. About half-past eight o'clock, Erswell gave me information. I saw the prisoner about the middle of Bell-yard, walking very fast with two children, I ran down and overtook her about the middle of Bell-yard, near Fleet-street, and asked where she was going with them; she said to Surry-street; I asked if the children were her's, or did she live there; she said something in a very great fright, I could not understand what it was; I laid hold of her, she had a doll in her arm which she gave the child, and flew from me in a moment when I said I would take her to the watch-house; two witnesses came and assisted in securing her. I took her to the watch-house - she said there that she did not intend to do the children any harm. She wanted to send them on an errand; I asked where - she said, to a gentleman in Symond's Inn; I asked why she did not go into Symond's Inn, for she had passed it, and asked why, she said she was going to Surry-street, she said to buy cakes.

Cross-examined. Q. Then she said she passed Symond's Inn, for the purpose of buying cakes - A. She said she was going to buy cakes in Surry-street.

Prisoner's Defence. They were playing about, I asked them to go to Symond-inn and did not do them any harm, the biggest child, took me down the place to buy cakes, instead of me taking them. I did not think it any harm to send them where I had sent different children before. I told the man I had been in company with people in Surry-street, and he said I said I was going to take the children there. At the first hearing, the child was brought full dressed, and at the second hearing, it was brought meanly dressed, as I first saw it.

MR. LAW called Mary Morris , the other child who was with the prisoner - but on examining her, she did not appear to understand the nature of an oath, and was not examined.

WILLIAM GREEN , I have chambers, in Symonds-inn, and had on the 21st of August. I know the prisoner, she has sent me messages twice by young persons, about nine or ten years old. She is an unfortunate woman.

COURT. Q. She is a woman of the town - A. I believe so.

Q. Have you any doubt of it - A. No. She always sent a boy about ten years old, to me. I am a clerk in the Bank.

MR. LAW. Q. Were the messages, more than to appoint to meet you - A. It was to say she was below. She never sent a little girl.

On the Second Count GUILTY . Aged 20.

Recommended to Mercy.

Confined One Year .

Second Middlesex Jury, before W. Arabin, Esq.

Reference Number: t18210912-115

1165. ROBERT THURSTON and WILLIAM GARTON were indicted for stealing, on the 6th of July , at St. John the Evangelist Westminster , in the dwelling-house of Francis Nightingale , one tin box, value 2 s.; five guineas, two 7 s. pieces, one 50 l.; one 20 l.; five 10 l., and one 5 l., Bank notes, his property .

MESSR. ANDREWS and BRODRICK conducted the prosecution.

JOHN TOPP . I lodge at No. 7, Vincent-street, Vincent-square , in Francis Nightingale 's house. It is in the parish of St. John the Evangelist - I occupy three rooms. On Friday the 6th of July, I went to Fairlop-fair, with Mr. and Mrs. Nightingale, his wife, and other friends; we left the house about nine o'clock in the morning - I left the doors of my apartments locked, they are all on the first floor. I had a tin box, containing one 50 l.; one 20 l.; five 10 l., and one 5 l., notes, five guineas, one of which was Queen Ann's, two 7 s., pieces and some silver, and two promisary notes, one for 1500 l., and the other for 750 l.; I left the box locked, in the bed-room cupboard, where I always keep it, the box was also locked, and I had the key with me, and the key of my bed room also. I came home between eleven and twelve o'clock at night, went up stairs to unlock the doors, but found them forced open, the cupboard door was also broken open, and the cash-box gone, the doors had been forced open by some sort of a chisel, there was some blood on a cupboard door, were there was two silver spoons, which spoons were also gone, and there was some blood on the dressing table cloth, in the bed-room. I have recovered none of my property. My cash box has been produced to me by the officers. I know Garton, he

lodged while I did in the house, and left two or three months ago. Thurston worked for Mr. Nightingale, and is his nephew; I have seen him there frequently, Garton married Nightingale's daughter. They are both journeymen bricklayer s.

CHARLES DARVELL . I am a bricklayer, in Nightingale's employ, and live in Vincent-court, Vincent-street. He is a bricklayer , the prisoners are journeymen bricklayers, and both work for Nightingale. I remember Fairlop-fair, it was on Friday, the 6th of July - on that day, I saw Garton in Horseferry-road, about five hundred yards from Nightingale's house, going up towards it - it was about ten minutes past four o'clock, I suppose - I went straight home to my master's, and found Thurston down in the kitchen with Mr. Nightingale's mother and William Nightingale , the nephew - I saw Garton a little time afterwards running down Carey-street, towards my master's; this was as I was going to the house, he was then nearer than Horseferry-road, within two hundred yards of it; he lodged in Peter-street, and, was going quite away from his lodgings.

Cross-examined by MR. ALLEY. Q. Nightingale, (Thurston's uncle) is a master bricklayer - A. Yes; I was at work for Nightingale that day, and so was Thurston; old Mrs. Nightingale was sent to take care of the house - Thurston lodges with her, not at the house; we got home to tea at four o'clock.

Q. Then as she was taking care of the house, Thurston would naturally go into the house to have tea there on that day - A. He boarded and lodged with her, and as she was there it was the place for him to have tea.

MR. BRODRICK. Q. You was at Nightingale's that afternoon - A. Yes; I remained in the kitchen half an hour - Thurston was there all that time, and went away with me.

MR. ALLEY. Q. He went back and continued with you - A. Yes; I parted with him in Horseferry-road; he then went towards where he was at work.

COURT. Q. What time did you leave the house - A. About half-past four o'clock - I parted with Thurston in Horseferry-road about twenty-five minutes before five o'clock, and did not see him after - I only guess the time - I had no watch.

THOMAS BURN . I am a labouring man, and live in Oxford-street. At this time, I lived in Wright's-passage, Tothill-street; I remember Fairlop-fair, it was the first Friday in July - I know the prisoners and know Mrs. Garton; I saw her on that day about half-past three o'clock, going into Nightingale's house with another woman; they went in at the back door, there is a gateway leading into the yard - I was at work in the yard in a shed; there is a dog that lets nobody in, but those he knows - as soon as the two women came into the yard, he knew Mrs. Garton, he got up, and she held him while the other woman went into the house and she followed - a few minutes after that a boy came for me to get some mortar, and as I was going for it, I met the prisoner Garton at the Bricklayer's Arms, the corner of Stretton-ground, about 200 yards from the house; I saw him afterwards in Orchard-street, which is farther off; he was then going into Stretton-ground, walking in a hurry, or running - it was about ten minutes before five o'clock, as I heard the clock strike when I got to Nightingale's - I do not know whether he was going towards the house or from it.

Cross-examined by MR. ALLEY. Q. You did not see Thurston there - A. No.

Cross-examined by MR. ADOLPHUS. Q. You had been long at your watering, yourself - A. Yes; I was in a hurry.

MR. BRODRICK. Q. When you saw Garton in Orchard-street, you were going back to Nightingale, was he going in the same direction, or the contrary - A. He was not going the same way, but that way would take him to Nightingale's.

ELEANOR NIGHTINGALE . I am mother of Francis Nightingale , who keeps this house. He sent for me overnight, to take care of the house while he went to the fair; I got there about half-past nine o'clock in the morning, and was left alone in the house - Thurston used to have his meals at my house, and I knew Garton, by sight; my lodgers, Thurston, Darvell, and a boy, about fifteen years old, named Nightingale, came at twelve o'clock to eat their dinners, they went away in less than an hour - Elizabeth Garton and Mrs. Jarvis came to the house about three o'clock - they came in at the back door, let themselves in, and came down into the kitchen - Burn was in the back yard at work; they staid with me three quarters of an hour, and kept talking - neither of the prisoners were there.

Q. While these women were there, did any knock come at the front door - A. Yes; Mrs. Garton went up, I followed her, and saw it was a man, who said he was Mrs. Topp's doctor - I had never seen him before; I heard no other knock at the door; when the women were gone, I went up stairs, and found the front door open.

Q. While Thurston, Darvell, and the boy Nightingale were at dinner, were they out of your sight - A. No; they could not have gone to Topp's room then, without my knowing it. Thurston came at four o'clock to tea, and staid a quarter of an hour, or rather better; he had tea in the kitchen with Darvell and Nightingale, they came and went away together. Between seven and eight o'clock, Thurston came again for the key of his room; Mrs. Topp and Mrs. Nightingale came home about twelve o'clock - I then left, and did not know of any thing wrong; Mr. Topp and Nightingale came home about half an hour after.

Q. Do you know whether Thurston was in want of money - A. I do not know, he had money of me that week, he had given me a sovereign to keep, and he had it of me; I do not know whether I had more money of his.

Cross-examined by MR. ALLEY. Q. He came to dinner and tea, and stopped in the kitchen with you till he went - A. Yes; they came and went away together. I have seen a man named Holland, it was not him that I saw at the door.

Cross-examined by MR. ADOLPHUS. Q. These women came and staid about three quarters of an hour - A. Yes; I was in the kitchen all that time, except when I went to the door, and was absent then a very short time, not five minutes - she gave an answer to the man, and I came down.

Q. In that time, Jarvis might have gone up stairs, and

pass you, without your knowing it - A. I do not think she could, for we were on the landing place; and when I went into the kitchen, I found her there - I went to the door as quick as usual, and returned; the doctor merely asked if Mrs. Topp was at home, Mrs. Garton said

"No; she was gone out." He said,

"Oh, then, she is better", and left, I believe, for I went down and left her to shut the door - she was not long before she came into the kitchen.

Q. When the women went away, did you accompany them up stairs - A. No; Mrs. Garton was in the habit of coming to the house, and knew the way as well as I did; she went out at the front door, whether she left it open or not, I cannot tell.

MR. ANDREWS. Q. Was it possible for Jarvis to go up to the room while you were answering the doctor, without your seeing her - A. No; for she must pass close by me.

MARY ANN JARVIS . I am a single woman, and live in Orchard-street, Westminster. I take in washing and go out charing. Between two and three o'clock on the day of Fairlop fair I saw Mrs. Garton, she took me to Nightingale's house, we went in at the back door, there was a large black dog in the yard, I was frightened at it, she went in first, it let her pass, and she held it while I came in; old Mrs. Nightingale was on the kitchen stairs and asked us down, we went down, nobody else was in the kitchen, we were there about three quarters of an hour, a knock came at the door, in about half an hour Mrs. Garton went up first and the old lady after her. I heard nothing that passed at the door, they were not gone above two minutes, and came down one after the other; when we left we came out at the front door, I went out first and she after me, I do not know whether she shut the door or not. We went to my place in Orchard-street, and staid at my door together, and while we were there I saw the prisoner Garton running up Orchard-street, towards my door, he beckoned to her with his hand, and using a bad expression desired her to make haste over to him, he seemed agitated, she went to him, I saw her give him something out of her pocket, what it was I do not know, she came back to me immediately, and went up stairs with me and staid about ten minutes. She looked out of window, saw some person in the street and left. I did not see Garton again that evening. I was taken out of bed the next day, and taken to prison. Mrs. Garton was also taken up, we were sent to the same prison, but kept separate. While I was there, on the Thursday week after I first went, Garton came to me in prison, I had not sent for him, he put his hand through a small hole to shake hands with me, and asked me how I did. I said I was very indifferent, and he knew very well that I was perfectly innocent of what I was there for, and it was a pity that I should stay there innocently; he said he knew I was innocent, and said he was the man who robbed Mr. Topp, and that Thurston was in the kitchen, keeping old Mrs. Nightingale in conversation while he (Garton) broke open the place, he said he broke open a one pair of stairs front room door, and a one pair of stairs back room door, and that back room was a bed-room, that he broke open a closet in that bed room, and in that closet was a tin box, he took the tin box out of the closet, laid it on the bed, and in breaking open the box he cut one of his fingers, he held up one of his fingers which was cut across; I saw that it was cut; he said that when he opened the box, he took out a 50 l. note, a 20 l. note, and five 10 l. notes, some guineas, among which was a Queen Ann's guinea, and some promissory notes, and one silver spoon.

Q. Did he say he took the spoon out of the box or cupboard - A. I do not know which. He said he changed the notes and got sovereigns for them of a Jew in Whitechapel, and lost two hog in the pound in changing them. He did not say how many sovereigns he got. He said he broke all the the three doors open with a crow-bar, and that he threw the box away, he did not say where; he said he threw the crow-bar away in the Willow-walk. He called for a pot of porter, gave me some and took the rest away. I saw no more of him. I was discharged on the Saturday following, and have been out of custody ever since.

Q. Who do you live with - A. William Stroud . I have lived six years with him.

Q. Had you any solicitor before the Magistrate - A. There was an old man there, but I employed nobody.

Q. Had you seen Garton or Thurston before Mrs. Garton asked you to go out with her - A. No, nor did I know Topp was going to the fair till I saw Mrs. Garton, and was never in Nightingale's house before, he is quite a stranger to me. I did not know who lived there before

Cross-examined by MR. ALLEY. Q. Your friend is a lamplighter - A. Yes; he carries a ladder - he lights the gas lamps. I have been tried here myself twelve months ago, and was imprisoned six months. I was brought into that as innocent as I am in this. I was never here but once and that was for a pair of boots.

Q. You have described the money and notes, even the Queen Ann's guinea, as well as if you did it yourself - A. It is what he told me and I told the Magistrate. I had been a fortnight in prison. I do not know Jack Holland . I know Richard by sight. I do not know whether he ever uses the lamplighter's ladder. Garton said nothing about getting in at the window, he said he got in at the door. I saw Holland just as I was coming back from the house, Mrs. Garton was talking to him. I have known Mrs. Garton six or seven years. I have seen her with Holland. I do not know that she cohabits with him. I never heard her say that if she could get her husband convicted and sent to Botany Bay she would marry him. I have seen them together at the public-house, not in a private room. Garton's wife was discharged when I was, and was afterwards taken into custody to be a witness. I never moved from my chair while the old lady was up stairs. I never saw the box. He only told me once about it. I remember the amount of the notes and all about it.

Cross-examined by MR. ADOLPHUS. Q. Mrs. Garton was at your lodging when Garton came running - A. She was at my door, we came straight from Nightingale's, and waited at my door about ten minutes when he came running, my house is not far from Nightingale's, but she took me a back way which I did not know, she met Holland, I walked on and did not hear their conversation. I did not go near enough to hear what Garton said to his wife. It was between four and five o'clock, about the time for tea; she said she gave him the key. I never saw Holland in custody on this charge. I did not see

Garton there when I was examined, only me and his wife were put to the bar.

Q. Did he come to you in prison more than once - A. No. I was with the rest of the women, he came and spoke to me through the bars.

Q. All the women might have heard it - A. It was the time all their friends were admitted, they were talking to them. He told me every word of his own accord. He mentioned promissory notes, those were his very words. Perhaps half a dozen women were in the same place talking to their friends; the grating is about a yard and a quarter long, if they paid attention they might hear what he said. I stood at the end of the grating on one side. I went and told Topp of it on the Saturday, after I was liberated, and told the Justice. Garton was taken on Tuesday, which was when I told Topp. I had not seen Mrs. Garton nor Holland before I told Topp.

CHARLES DEW . I am an officer. On Tuesday, the 24th of July, I apprehended Garton in Vincent-square, near Vauxhall, his wife was with him. I searched him and found sixty-six sovereigns in his breeches pocket, and in his waistcoat pocket 9 s. 6 d. in silver, a crooked half guinea, and the key of a padlock. I conveyed him to the the Ship, public-house, in Horseferry-road, to search him further, and in passing the window a man named William Stroud , a lamplighter, was sitting; Garton said to him,

"Bill, I may thank your bl - dy woman for this." In going up stairs to make further search, I saw him fumbling at his breeches with his left hand. I immediately seized it, and in that hand I found in a little leather bag sixteen sovereigns, and a gold chased ring and in his fob a silver watch, two gold seals, a gold key, and metal chain. On the 1st of August, I went to Brown's-gardens to look for the box, and found it down a privy. Topp claimed it. I searched in Willow-walk, but could not find the crow bar. I examined Garton's hand, his finger were wrapped up with a handkerchief, it appeared cut, he said it was a fester, it appeared a scratch.

MR. TOPP. This is the box which held my money.

ALFRED POPLE . I am turnkey of Tothill-fields Prison. I recollect Garton and Jarvis being there. While they were in custody both the prisoners came.

GARTON'S Defence. I was at work at the time of the robbery from five o'clock in the morning till seven o'clock at night.

GARTON - GUILTY. - DEATH . Aged 24.

THURSTON - NOT GUILTY .

Second Middlesex Jury, before Mr. Common Sergeant.

Reference Number: t18210912-116

1166. PHOEBE JONES and ELIZA AMOS were indicted for stealing, on the 24th of Augest , seven dresses, value 3 l.; one shawl, value 2 s.; one scarf, value 2 s.; three caps, value 2 s.; one veil, value 1 s.; two handkerchiefs, value 1 s., and one spencer, value 1 s., the goods of Edward Wood , in his dwelling house .

MARY WOOD . I am wife of Edward Wood , an ironmonger . We live in Tottenham-court-road , the articles stated in the indictment were in the back room on the first floor, except the caps, which were in the front room. I saw them safe at ten o'clock in the morning, on the 24th of August, and I missed them between two and three, and found them in pawn the same day. The prisoners are both strangers. We let out three apartments, but keep the first floor to ourselves. About twelve o'clock I went into the room, but did not discover the robbery till between three and four o'clock.

CHARLES READ . I am an officer of Bow-street. On the 24th of August between eight and nine o'clock in the evening, I apprehended Amos at a house in Colvill-court, Charlotte-street, and asked her for the duplicates of the things she had pawned that day; she said she had none, but would give me some of things she had pawned on a former occasion. She was the only person in the room, and in the table drawer I found two caps, and under the bed, concealed behind a box, were a gown, a spencer, and a handkerchief. I then searched her person, and from under her stays, after great resistance, I found a pocket concealed, containing three duplicates, and then found another duplicate in the drawer. Wood claimed the things in pawn. Next morning I took Jones in Church-street, St. Giles's; she said she was at Amos's when she brought some things, but she knew nothing of them.

GEORGE ROBINSON . I am an officer. I was with Read, his account is correct.

THOMAS VINES . I belong to Bow-street, and was with Read and Robinson.

JAMES WHITEHEAD . I am apprentice to Mr. Lorton, pawnbroker, Green-street, Leicester-square. I have two gowns and a scarf. I was present on the 24th of August, when the prisoners pawned them, in the name of Ann Carter , 25, Water-street, it was towards the evening. I do not know which pawned them.

WALTER OWEN HALLS . I am a pawnbroker. On the 24th of August, Amos pawned two gowns for 16 s. in the name of Carter.

HENRY BARRS . I am shopman to Mr. Dobree. A cap was pawned for 2 s. 6 d. I did not take it in.

ROBERT LEWIS . I am shopman to Mr. Sampson, of Greek-street, Soho. About six o'clock in the evening Amos pawned a gown and scarf for 17 s. I am certain of her person. I told her I thought they did not belong to her; she said she brought them for a lady.

(Property produced and sworn to.)

AMOS'S Defence. I am guilty of pawning them, but not of knowing them to be stolen.

JONES'S Defence. I was minding her room while she went out, she came in with a bundle, and I went to one pawnbroker's with her.

AMOS - GUILTY . Aged 32.

Of stealing to the value of 39 s. only.

Transported for Seven Years .

JONES - NOT GUILTY .

Second Middlesex Jury, before Mr. Common Sergeant.

Reference Number: t18210912-117

1167. SARAH BOND was indicted for stealing, on the 11th of August one iron, value 1 s.; one saucepan, value 8 d.; one pack of Scripture cards, value 1 l.; one shirt, value 5 s.; one handkerchief, value 18 d.; one pair of stockings, value 2 s.; one box, value 1 s.; and 35 s., in monies numbered, the property of William Crook , in the dwelling house of George Housham .

WILLIAM CROOK . I lodge in the kitchen of George Housham's house. On the 12th of August at the six o'clock in the morning I saw my things safe. I went to the Angel, public-house, and returned about half-past six o'clock. The prisoner and another woman followed me out of the Angel, public-house, and asked me for something to drink. I gave them a glass of liquor, they went home with me and staid about an hour. I fell asleep. I was not sober. My landlord awoke me and said I had been robbed. The women were then gone and the property. Between eight and nine that morning, the prisoner passed the door and I took her, only three shillings were found on her.

GEORGE HOUSHAM . This house is mine. I heard somebody talking in the kitchen, and soon after the prisoner came out with a pint pot, an Italian iron, and a saucepan in her hand. I found another woman below, the prisoner came back with some liquor, but without the saucepan or iron; she stopped about twenty minutes then came up with a paper box. I ran after her and said, that is not your's; she said, it was not mine. I went down and found Crook fast asleep with the woman, and told him he was robbed; he came a little to himself at last, and said they had left him nothing but one penny. In about half an hour the prisoner came by and he took her.

GUSTAVIUS GYLLENSHIP . I keep the Angel, public-house. On a Sunday morning in August, between six and seven o'clock, the prisoner came and had some liquor which she paid for, she returned in a quarter of an hour for more, and left the iron and saucepan in my care.

(Property produced and sworn to.)

JOHN WINGFIELD . On Sunday morning between eight and nine o'clock the prisoner came to my house and brought a pack of cards, a box, a handkerchief, and a saucepan.

Prisoner's Defence. He gave the other woman the stockings, and she put them on. He gave me the other things, and told me to leave them there.

GUILTY . Aged 25.

Of stealing to the value of 39 s. only.

Confined Six Months .

Second Middlesex Jury, before Mr. Common Sergeant.

Reference Number: t18210912-118

1168. JAMES BURTONWOOD was indicted for stealing, on the 2d of September , 30 lbs. of gingerbread nuts, value 18 s., and two boxes, value 7 s. , the goods of Joseph Hubbard .

JOSEPH HUBBARD. I am a gingerbread baker . On the 2d of September I had a stall in Giltspur-street at the fair , and hired the prisoner to come and assist me, he was to come on the 3 d. He was with me on the 1st, and at half-past two o'clock in the morning of the 3 d I missed two cannisters of nuts. I saw them at eleven o'clock at night. He had been there at half-past nine that night. The nuts were in cannisters, not boxes. Thompson shewed them to me next morning; they were full of nuts then, I know the cannisters to be mine, but cannot swear to the nuts.

JOSEPH BAILEY . I am a patrol. On the 2d of September about half-past eleven o'clock at night, the prisoner ran against me in St. John's-street, with one of these boxes on his shoulder, and ran into No. 42, St. John' street. I followed him into the passage and up stairs, and lost him, and went with Thompson to search the house. He was brought to the watch-house next morning.

Cross-examined by MR. BRODRICK. Q. Your sight is not good - A. No. I saw him go into the house, and found the box in the passage. I was twelve or fourteen yards from the house on first seeing him. I am certain he is the man.

FRANCIS KEYS . I went over the house with Thompson, about eleven o'clock at night, I went to the top of the house and could not find him, I was on the roof three hours - one of the boxes were found on the roof. About half-past four o'clock that morning, I went on the roof again and saw him there, about one hundred yards from the house we searched, and took him - he was concealed in a hole under the tiles. I had seen him on the roofs before I went up.

Cross-examined. Q. He was on a roof one hundred yards from No. 42 - A. Yes; when I first saw him he was about one hundred and thirty yards, and when I took him he was further still. I did not halloo to him - I knew him before.

THOMAS THOMPSON . I am an officer. On the 2d of September, about half-past eleven o'clock, I went to No. 42, St. John's-street, and found this cannister in the passage of the second floor; I put the patrol through the garret window, and he found the other cannister - they contained gingerbread nuts.

JAMES METCALF . I am constable of the night. On the 2d of September, about eleven o'clock, an alarm was given, and we searched the house - we found the garret door forced open, and the window thrown open - a box was on the roof.

GUILTY . Aged 22.

Whipped and Discharged .

First Middlesex Jury, before W. Arabin, Esq.

Reference Number: t18210912-119

1169. EDWARD MAXWELL was indicted for stealing, on the 27th of August , one pewter pot, value 10 d. , the goods of Henry Wilkins .

HENRY WILKINS . I keep the Sol's Arms, public-house, Hampstead-road . On the 27th of August, I saw the prisoner opposite my door with one of my pots in his hand, I went over and saw a watch-house keeper with him, and gave him in charge.

DANIEL WALFORD . I was going down Charles-street, calling for pots at No. 10, and saw the prisoner take a quart pot from No. 6, off the step of the private door, he was walking away quite fast with it; I called Stop thief! he then put it down at No. 5, and ran down the street, and Wilkin's man stopped him - the officer picked up the pot.

HENRY CRONER . I am an officer. About nine o'clock in the morning, I heard the cry of Stop thief! ran out and picked the pot up at No. 5, and saw them taking the prisoner to the watch-house - he denied taking it - we took him back to the place, a lady said, in his presence, that he was the man who dropped it; he then said he only took it to get a drink of water - there was no pump near.

CHARLES COUSINS . I took him in charge - the lady

said he dropped it; he said he took it to get a drink of water; before that, he said he never touched it.

(Property produced and sworn to.)

Prisoner's Defence. I was going along on business - was very thirsty, saw a pump by - the window was open, and a school-mistress was hearing the children's lessons; she asked what I was going to do; I said, to get some water; she said, I had better put it down, for it was put there to see who would meddle with it, and I did.

NOT GUILTY .

First Middlesex Jury, before W. Arabin, Esq.

Reference Number: t18210912-120

1170. THOMAS CAMPBELL was indicted for stealing, on the 27th of August , one handkerchief, value 2 s., the goods of George M'Ewan , from his person .

GEORGE M'EWAN . I am a cabinet-maker , and live in Greek-street, Soho. On 27th of August, between twelve and one o'clock, I was looking at a print-shop in Cockspur-street , an officer called out,

"You have lost your handkerchief;" I felt and missed it from my right hand coat pocket; they immediately produced it, and had the prisoner in custody, I had not seen him near me.

HENRY YATES . I belong to the Thames police. I was in Cockspur-street, and saw the prisoner at the print-shop, in company with another boy, and two others stood on one side; I saw him lift the prosecutor's coat pocket up three times, and the fourth time he got the handkerchief out. I immediately collared him and took it from his bosom, where I had seen him put it.

JURY. Q. Why did you not tell the prosecutor - A. Because two boys were in company - I took the other boy too.

(Property produced and sworn to.)

Prisoner's Defence. Another boy took it.

GUILTY . Aged 15.

Transported for Life .

First Middlesex Jury, before W. Arabin, Esq.

Reference Number: t18210912-121

1171. EZIZA COLLINS was indicted for stealing, on the 15th of August , two pillow-cases, value 3 s., and three handkerchiefs, value 7 s. , the goods of James Cullyer .

JAMES CULLYER . I am a victualler , and live at Ratcliff-highway . On the 15th of August, about twelve o'clock, the prisoner came in, sat in the tap-room and had some beer; she went backwards three or four times in the course of half an hour, which rose my suspicion - these things were in a tub wet. I went backward and saw her standing by the tub, taking a wet stocking to wipe her face - she had no business there. I went to call my wife to see if any thing was missing, she followed me out and sat in the tap-room - my wife missed the things and sent for an officer, who came; she then confessed to taking them, and begged for mercy. She did not hear me speak to my wife.

JAMES GOLDSWORTHY . I am headborough. I was fetched, found the prisoner in the parlour, and found a pillow-case and three handkerchiefs on her, concealed round her body under her clothes. When I told her I must search her person, she said, "I am guilty."

(Property produced and sworn to.)

Prisoner's Defence. I know nothing about the things.

GUILTY . Aged 30.

Confined Three Months .

First Middlesex Jury, before W. Arabin, Esq.

Reference Number: t18210912-122

1141. THOMAS TAYLOR was indicted for stealing, on the 19th of August , four bed-curtains, value 1 l., and one tester, value 10 s. , the goods of Joseph Layel .

JAMES STONE . I am an officer of Mile-end. On the 19th of August, I met the prisoner in Mile-end-road with a bundle, and asked what he had got in it, he said, some things which he had brought from Colchester. I asked who from, he said from a friend, and was going to take them to his sister at Limehouse. I said he was going a direct line from there, and asked what was in the bundle, he said there was a curtain, and he could not tell the rest exactly. I secured him, and found out the prosecutor - he was three miles from Stratford.

HARRIET LAYEL . I am the wife of Joseph Layel , we live at Stratford . On the 19th of August, I lost this bed-furniture from the shed where it was put to wash. I know nothing of the prisoner.

Prisoner's Defence. I was coming from Colchester, and saw a man drop the bundle, I called to him to stop, he did not and I picked it up.

GUILTY . Aged 16.

Confined Six Months and Whipped .

First Middlesex Jury, before W. Arabin, Esq.

Reference Number: t18210912-123

1172. THOMAS SHORT and JOHN STEPHENS were indicted for stealing, on the 2d of September , 6 lbs. of beef, value 2 s., and 8 ozs. of suet, value 6 d. , the goods of George Valentine .

ANN ROUND . I am servant to Mr. George Valentine , who lives in Suffolk-place, Lower-road, Islington . On the 2d of September, about eleven o'clock in the morning, I put this beef and suet in the area safe, and missed it next morning. I saw it at Bow-street, on Monday the 3d - it is exactly like the beef, but I can swear to the suet.

JOHN HARRIS . I am a Bow-street patrol. On Sunday morning, about nine o'clock, I met the prisoners at the back of Scott's-place, Lower-road, they saw me, and went up Queen-street. I sent my man up one street, I went round another way and secured them. Stephens had a bag with the beef and suet in it. I asked where they got it, they said nothing, and we took them to the office - they were in company.

ANN ROUND . The bag is not ours. I know the suet as it is nearly in two pieces.

SHORT'S Defence. I bought the beef of a man on the road.

STEPHEN'S Defence. I saw him pay the money for it.

SHORT - NOT GUILTY .

STEPHENS - GUILTY . Aged 17.

Transported for Seven Years .

First Middlesex Jury, before W. Arabin, Esq.

Reference Number: t18210912-124

1173. JOHN RAMSEY was indicted for stealing, on the 17th of August , one shirt, value 3 s.; four handkerchiefs, value 7 s., and one pair of stockings, value 1 s. , the goods of Thomas Duncan .

THOMAS DUNCAN . I keep a public-house at All Saints, Poplar . On the 17th of August, about eleven o'clock, the prisoner came in with another man, and had some porter. I went up stairs, leaving them in the tap-room, I heard somebody come up, listened, and heard them go into a room. I went in, and saw the prisoner go behind

the curtains, I pulled him out; he ran down stairs, and ran out, but was brought back in a quarter of an hour. I lost a shirt and a pair of stockings from that room.

BARBARA DUNCAN . The prisoner was in the house, drinking; my father came down calling Stop thief! I saw the prisoner run out - I ran after him calling Stop thief! I saw Wheeler stop him, and take a shirt, handkerchief, and a pair of stockings from his bosom - they were in the room he went into.

JAMES WHEELER . I am a watchman. I heard the cry, and saw several people running, the prisoner was among them - I stopped him; he drew the shirt and handkerchief from his bosom, and said, if I let him go, he would give me every thing he had.

JOSEPH COLTMAN . I found two silk handkerchiefs in his pocket, and another in his hat.

(Property produced and sworn to.)

GUILTY . Aged 25.

Transported for Seven Years .

First Middlesex Jury, before W. Arabin, Esq.

Reference Number: t18210912-125

1175. JOHN PALMER was indicted for stealing, on the 31st of July , one ridicule, value 3 s., and one handkerchief, value 3 s., the goods of William Simpson , from the person of Sarah, his wife .

SARAH SIMPSON . I am the wife of William Simpson, who is a banker's clerk , we live in the Commercial-road. On the 31st of July, a little after eight o'clock in the evening, I was going down Whitechapel, near Angel-alley , a man came behind me and snatched at my ridicule, which contained my handkerchief; at first he could not get it off my hand, but at the second attempt, he broke the chain and ran up the alley with it. I was so frightened, I cannot speak to the man. I screamed out thieves! and saw a man run up the alley - I was taken into a shop. Next morning, I found the prisoner at the office, but have not found my ridicule.

JOHN LILLS . I work at upholstery work. I was near Angel-alley, and saw the prisoner and two others standing at the corner of George-yard, about twenty yards from Angel-alley; they passed me all of a sudden, and a little further on, one of them snatched the ridicule from this lady, and ran up the alley. I am sure they were all in company together. The prisoner did not snatch it, but he was in company with them, and was the second that run up the alley; the third stood at the end of the alley, as if to bid defiance to any one who went up - I am certain of the prisoner. I met the officers and described him; he was taken in ten minutes - he was then warm as if he had been running.

WILLIAM COPLEY . I am a cabinet maker. I saw the prisoner in company with two other men pass us up George-yard in a hurried step, and take the ridicule and run up Angel-alley. The prisoner did not take it, but stood behind ready to receive it, and was in their company, and ran away with the boy. We met the officers, went with them, and saw him taken at the door of the George Inn, George-yard, about 200 yards from the spot.

Prisoner's Defence. He said I was a dozen yards from the rest.

GUILTY . Aged 20.

Transported for Life .

First Middlesex Jury, before W. Arabin, Esq.

Reference Number: t18210912-126

1176. BENJAMIN PERRING was indicted for stealing, on the 27th of July , one shawl, value 5 s., the goods of John Wells , from the person of Emma, his wife .

EMMA WELLS . I am the wife of John Wells , who is a collector of debts . On the 27th of July, between three and four o'clock in the afternoon, I was endeavouring to get into Westminster-abbey , the crowd was very great. I was much crowded, and held my shawl with my hands on my shoulders, my clothes got undone, I let go of my shawl to pull them up, and it was stolen in a moment, somebody must have taken it - it could not have dropped. As soon as I could speak, I said I had lost it; the officer Webb, behind, said

"I have taken a man with one, walk this way." I found the prisoner in custody forty yards off with it.

JAMES GIBBS . I am a Bow-street patrol. I was on duty by Westminster-abbey; there was a sudden crush to get in. I observed several about whom I suspected, and saw the prisoner catch at a woman's shawl, twist it up round his arm, and shove it into his bosom. I immediately took him out of the mob with it. I could not tell who the woman was. I sent Webb to find her out - Wells claimed it.

JOHN WEBB . I was on duty, and saw a push; they nearly got the prosecutrix down, several of the gang were together. I saw the prisoner taken.

(Property produced and sworn to.)

Prisoner's Defence. I saw the shawl laying down, and pulled it out of the crowd, saw nobody who belonged to it, and put it in my coat.

GUILTY . Aged 18.

Transported for Life .

First Middlesex Jury, before W. Arabin, Esq.

Reference Number: t18210912-127

1177. JOSEPH NETTLEFOLD was indicted for stealing, on the 25th of August , one basket, value 1 s., and seven gallons of plumbs, value 7 s. , the goods of Sarah Roberts .

SARAH ROBERTS . I am a widow . On the 21st of August, I had a fruit-stall in Shoreditch , and a little after ten o'clock, I lost a basket containing about seven gallons of plumbs. I found the basket at the office in about an hour.

Prisoner. Q. Do not you know that I sell plumbs in the street - A. Sometimes.

JOSEPH BOULTON REEVES . I am a newsman. I was in the Curtain-road, about 200 yards from this stand, about half-past ten o'clock, and heard a cry of Stop thief! I went up, and saw a mob round the prisoner; he threw down this basket, and the plumbs fell out - they were dark plumbs. He said, he would be taken by no man, and used very bad expressions; he then went and laid himself down at a door in Holywell-lane, and with great difficulty I got him to the office. He said I could not hang him, but only send him back to where he came from, and he wished he had a knife to stick into our eyes.

THOMAS EAGLES . I am an officer. A little before half-past ten o'clock, I was in the Antelope, public-house, and saw the prisoner there with a basket half full of plumbs; he asked me to buy some - he was selling them at 3 d. a quart. I went to the City-road, returned in a quarter of an hour, and he was taken up - he seemed in liquor. The basket was exactly like that produced.

WILLIAM WALL . I saw the prisoner come by my door with a basket like this. I do not know what was in it.

(Basket produced and sworn to.)

Prisoner's Defence. I bought them at market.

GUILTY . Aged 23.

Transported for Seven Years .

First Middlesex Jury, before W. Arabin, Esq.

Reference Number: t18210912-128

1177. JAMES LANGLEY and HENRY HILL were indicted for stealing, on the 11th of August , one handkerchief, value 3 s., the goods of Matthew Exley , from his person .

MATTHEW EXLEY . On the 11th of August, between six and seven o'clock in the morning, I was behind a fruit stall, in the centre of Covent-garden , I felt nothing; an officer asked if I had lost a handkerchief; I then missed it, and saw him take it out of Langley's breeches pocket - Hill was close to him, he had them together.

WILLIAM WESTBROOK . I am an officer. I was in Covent-garden, and saw the prisoners close together in company, and in conversation together - I saw Langley take a handkerchief out of Exley's pocket, and put it into his own - I seized him immediately, and took it out of his pocket; Hill saw him do it - they are not known at the office.

(Property produced and sworn to.)

LANGLEY - GUILTY . Aged 16.

Recommended to Mercy.

Confined Six Months and Whipped .

HILL - NOT GUILTY .

First Middlesex Jury, before W. Arabin, Esq.

Reference Number: t18210912-129

1178. JOHN JONES and JAMES WILLIAMSON were indicted for stealing, on the 19th of August , one handkerchief, value 5 s., the goods of Richard Freeman , from his person .

RICHARD FREEMAN . I am a waiter at Miller's hotel. On Sunday evening, the 19th of August, I was going down Charles-street , towards the Haymarket, and just at the corner of Charles-street, I felt my pocket pulled, put my hand down, and missed my handkerchief - on turning round, I saw Jones as close to me as he well could be, and Williamson was close to him, rather behind; they were in company together - as I turned, they both passed me and crossed over to go into the Colonade; I followed them about fifty yards, and then desired the watchman to take them, telling him Jones had robbed me - my handkerchief was not found, I had used it just before, and had not walked thirty yards.

JOHN HASSETT . I am a watchman. Freeman told me to take the prisoners, who were in company. I found three handkerchiefs on them.

EDMUND PEPPER . I searched them, and found two handkerchiefs on Williamson and one on Jones.

JOHN'S Defence. I saw this gentleman and a young woman playing indecent tricks in the street, we followed them, and in five minutes he gave us in charge - I think the young woman robbed him, if he lost any thing.

WILLIAMSON'S Defence. I was returning from Grosvenor-place, and saw him playing with a girl, we followed them.

RICHARD FREEMAN . I was with my fellow-servant, who is now at Brighton; she is a respectable young woman.

NOT GUILTY .

First Middlesex Jury, before W. Arabin, Esq.

Reference Number: t18210912-130

1179. JAMES JONES was indicted for stealing, on the 21st of July , three shirts, value 12 s.; three pair of stockings, value 2 s., and one handkerchief, value 6 d., the goods of George Patterson , from the person of Mary Patterson .

MARY PATTERSON . I am the wife of George Patterson , and live in Carnaby-street. I do not know where my husband lives; I am a laundress - on Saturday, the 21st of July, about ten o'clock at night, I was going home with two bundles of linen, which I had to wash, and as I crossed the top of Foley-place , the prisoner came on very suddenly and made a snatch at my bundle, and exclaimed, "I shall have that, by G - d;" he got the top bundle, which contained these things - I was very frightened, he passed me and ran off with it - I ran along Riding-house-lane after him, and then fainted, and was taken into a shop - I found him at the watch-house, in about half an hour.

JOHN TUFFNELL . I am a butcher, and live in the neighbourhood. I heard the cry of Stop thief! in Riding-house-lane, and saw the prisoner running down the lane - I did not see any thing with him, as it was dark; the watchman ran after him - I was going to knock him down but saw him drop the bundle from his breast; I picked it up, a boy said

"Here is another pair of stockings;" I picked them up, and afterwards saw him in custody of the watchman - I said he dropped it from the right or left breast, I do not now remember which, and he said, No, it was from the other.

RICHARD LEE . I was in Great Portland-street, and heard the cry of Stop thief! the prisoner came down Riding-house-lane, into Great Portland-street, and dropped the bundle - I secured him without losing sight of him.

SAMUEL HILL . The bundle and prisoner were given into my care at the watch-house; Tuffnell said he dropped it from the left or right breast, he said, "No, you are wrong, it was the contrary."

(Property produced and sworn to.)

Prisoner. I own I am guilty, but I did not take it forcibly.

GUILTY . Aged 21.

Transported for Life .

First Middlesex Jury, before W. Arabin, Esq.

Reference Number: t18210912-131

ELEVENTH DAY, MONDAY, SEPTEMBER 24.

1180. JOHN BRIDGEMAN and JAMES MOBBS were indicted for stealing, on the 21st of August , one frame, value 1 s., and five cruets, value 1 s. , the goods of Thomas Theodore Taylor .

JOSHUA ELLIOT . On the 21st of August, about five minutes before six o'clock in the morning, I was in Red Lion-street, Clerkenwell , and saw the prisoner Bridgeman, standing a few yards from Mr. Taylor's parlour window, which was open; Mobbs handed something out of the window, Bridgeman received it,

and immediately flung a handkerchief over it, and ran off with it, Mobbs jumped out and ran after him - I gave an alarm, and pursued them, they were taken a very few minutes after; I know them to be the same persons, I took particular notice of them. The cruets were taken from them.

FREDERICK MORGAN . I was at the corner of the street, and saw Mobbs get in at the window, and take something out, and give it to Bridgeman; they ran away, I called Stop thief! I saw them taken with the cruets.

HANNAH CRETON . I live with Mr. Taylor, he is a jeweller . I swept the parlour that morning, and left the window open.

GEORGE HAZLEWOOD WORRALL . I took them in charge, and found the cruets on them.

(Property produced and sworn to.)

THOMAS THEODORE TAYLOR . The property produced is mine.

BRIDGMAN - GUILTY . Aged 19.

MOBBS - GUILTY . Aged 17.

Transported for Seven Years .

First Middlesex Jury, before W. Arabin, Esq.

Reference Number: t18210912-132

1181. JOHN MYERS was indicted for stealing, on the 26th of July , the sum of 5 s. 6 d., in monies numbered, the property of Thomas Hughes , from his person .

THOMAS HUGHES . On the 26th of July, about three o'clock in the afternoon, I was on the steps of Westminster-abbey ; it was very much crowded, I felt something at my right hand breeches pocket; I put my hand down, and caught a hand close to my pocket - the person twisted his hand away, and got it disengaged; I found my pocket turned out; I had 5 s. 6 d. in it, and more - I had 9 s. or 10 s. there. I turned round, and saw the person's face, it was the prisoner, it was his right hand that I caught hold of; I kept my eye on him, he ran off, I pursued, and a young man also pursued and stopped him - I did not see him taken, I saw him in the custody of the young man immediately after, and will swear he is the same man - when I got up to him, he was picking some silver off the ground, which fell from him; they were shillings and sixpences, more than five or six shillings - I collared him, and said, you have picked my pocket; he answered, "Me, I never saw you, I was not near you;" the people said, "Let him go;" we took him about twenty yards, towards the watch-house, he told me to open my hand, I did so, and he put my silver in it; he said nothing more; at that instant, the constable came up, and said "You have no business to receive the money," and took it away.

Cross-examined by MR. ANDREWS. Q. Did you not say if you got the money again, you did not care, for you was not sure who robbed you - A. Never; I know Haydon, he wished me to say so, but I do not recollect that I did.

WILLIAM THOMAS COOK . I am a coal-dealer. I was waiting with the rest, to get into the hall, and saw a bundle I saw the prisoner forcing from the crowd, and running towards the coach stand; somebody cried Stop thief! I think he must have heard the cry - I pursued, calling Stop thief! then a watchman came up and threw him down; some shillings and sixpences fell from him, I should think eight or nine shillings. Hughes came up almost directly, caught hold of him, and said, "You have robbed me," I believe he denied it. I saw him change the silver from one pocket to the other, once or twice, before the officers came up.

Cross-examined. Q. You came up soon after Hughes was robbed - A. Yes; I was very near him, I do not recollect his saying he was not certain of the man.

JOHN AVERY . I was on duty near Westminster-hall. They came towards me with the prisoner, I saw him in the act of putting two shillings and two sixpences into the prosecutor's hand, and I took one shilling and a sixpence out of the prisoner's pocket.

Prisoner's Defence. I went to see the Abbey. He charged me with picking his pocket; I took out my money and shewed it to him, to see it was not his. He said, if I gave him the money back he would not wish to hurt me.

GUILTY . Aged 20.

Transported for Life .

First Middlesex Jury, before W. Arabin, Esq.

Reference Number: t18210912-133

1182. EDWARD EDWARDS , JOHN TAYLOR , and THOMAS HAYNES were indicted for stealing, on the 27th of July , one waistcoat, value 3 s. , the goods of William John Hewitson .

JOHN LONGER . I am servant to Mr. William John Hewitson , who lives in Kingsland-road . On the 27th of July, between eleven and twelve o'clock in the morning, I saw the three prisoners and another boy, looking through the window, apparently at something in the shop - I waited there, and saw Edmonds take Haynes by the shoulder and draw him near towards the door; Haynes then held up an apron, the others were at the window; Edwards reached his hand inside the door, and took a waistcoat which hung inside the door; he put it into Haynes's apron, and they then all moved off - I pursed, and took Haynes and Edwards immediately, Taylor was brought into the office while I was there - they all three went away in company together, Haynes was throwing the waistcoat out of his apron when I took him.

Cross-examined by MR. ALLEY. Q. You have enquired into Haynes's character - A. Yes; I found he was led away by the other boys.

GEORGE SMITH . I took them in custody. Haynes shewed great contrition.

EDWARDS - GUILTY . Aged 14.

TAYLOR - GUILTY . Aged 15.

Confined Two Months and Publicly Whipped .

HAYNES - GUILTY . Aged 12.

Fined One Shilling and Discharged .

First Middlesex Jury, before W. Arabin, Esq.

Reference Number: t18210912-134

1183. WILLIAM CLARK was indicted for feloniously assaulting John Roberts , on the King's highway, putting him in fear, and taking from his person, and against his will, one handkerchief, value 4 s., and one comb, value 2 d., his property .

The prosecutor did not appear. NOT GUILTY .

First Middlesex Jury, before Mr. Common Sergeant.

Reference Number: t18210912-135

1184. MARY HARVEY was indicted for feloniously assaulting John Bullen , on the King's highway, on the 4th of September , putting him in fear, and taking from his

person, and against his will, 2 s. in monies numbered, his property ,

The prosecutor did not appear. NOT GUILTY .

First Middlesex Jury, before Mr. Common Sergeant.

Reference Number: t18210912-136

1185. GEORGE MASCOE and GEORGE SHIRLEY were indicted for feloniously assaulting John Abel , on the King's highway, on the 15th of July , putting him in fear, and taking from his person, and against his will, 2 s., in monies numbered his property .

JOHN ABEL . I am a shoemaker , and live in New Tothill-street. I am journeyman to Mr. Smith, of Princes-street, Westminster. On Sunday the 15th of July, between three and four o'clock in the afternoon, I was in Orchard-street , and was met by about a dozen boys; I know Mascoe to be one of them in particular - I am sure of him, and Shirley was one of the gang, they asked me for money, they did not say for what, I gave them 3 d. or 4 d., it was in the open street. Among this copper was 2 s., I I gave them the copper with a view of getting rid of them, I took the silver from the copper, and kept it in my hand, and was going away, Mascoe held my coat, I turned round and said "Let my coat go" - a severe bow came from some of the party, at the side of my heard. I had done nothing to provoke them, nor said anything, it was a tall boy who struck me, it knocked me down - I got up and another struck me over the eye, with a mop stick, with a nail at the end of it, it nearly cut my eye open, I put my hand up to my eye, and then they all went off in different directions. I lost the money in the scuffle, when I was knocked down, I dropped it, and never saw it after, I did not look for it.

Q. You cannot say then that the money ever came into their posession - A. No; I did not look to see if it was left, for I could not see for the blood. They did not attempt to open my hand. Mascoe was taken ten minutes after, and Shirley next day. I never saw either of them before, nor have I seen the money. Joshua Roberts is the boy who struck me, and asked me for the copper.

HENRY BETTS . I am a constable. I was going through Orchard-street, about four o'clock on the 15th of July with Ward, I had seen a quantity of boys before this, they had followed me to the watch-house, the prisoners were among them - that was before this affair. I apprehended Mascoe afterwards on the spot or within five yards of it, I said, I took him for robbing a man, he said he knew nothing of it. I found no silver on him. I took Shirley on the Tuesday, and told him, I took him for robbing Abel, he denied it, and said he was at some distance from the place, but afterwards he said he was there, but had nothing to do with it.

WILLIAM WARD . I was with Betts. I know no more.

MASCOE'S Defence. I had been walking in the Park, and was talking to two young men in the Broadway. Bett's took me.

SHIRLEY'S Defence (written). I declare I know nothing whatever of it. When I came up I saw him on the ground, he appeared drunk, and several boys were near him, talking to him, he told Roberts if he would fight that chap he would give him all the money he had, showing him some halfpence; and soon after some of the boys pushed one over another. I was sent on an errand by my mother, and as I returned the prosecutor was gone; that is all I know, I never saw his money.

PETER BETTS . I saw Abel within three minutes after the robbery, he bled very copiously at the eye, but had not the least appearance of being in liquor.

JOHN ABEL . I was not the least drunk.

ELIZA WRIGHT . I live at No. 19, Duck-lane. I am a married woman, and take in needle-work, my husband is a coachman; Duck-lane joins Orchard-street. I know Shirley, he lived at the bottom of Duck-lane with his mother, he has lived servant with a lady for two years. I went to take a walk on this day, and was coming back into Orchard-street, between three and four o'clock, and saw the prosecutor and four boys tussling in a row; he was very much intoxicated; there were only four boys together, others were about.

Q. Take care what you say, there are more persons to speak to the prosecutor's state than himself. You saw four boys - A. Yes.

Q. Is your husband coachman to a gentleman - A. No; he is a post-boy, he goes out with coaches at times, he now drives a post-chaise. I only saw four boys together at play. I saw the prosecutor have hold of Josuah Roberts's coat who I knew by sight, I have seen him since but not for three weeks. The prosecutor was very much intoxicated, I think he did not know what he was about. He gave himself a fling, and Roberts threw him down and Roberts fell with him. The prosecutor reeled about like a drunken man. A boy, name John Barnes struck him across the eye with a broom-stick as he was getting up to pick up his hat. I did not see that it bled, it was very black.

Q. If you were there you must have seen whether it bled or not - A. I cannot say, I saw no blood. I cannot swear whether it did or not. There was a bit of stuff on his eye when he came to Queen-square. I had him in sight for a few minutes after he was knocked down, and saw his face. Shirley was on the other side of the road looking on. I did not interfere. I could not get to him for he was very drunk. I did not speak to the boys. I was in Orchard-street, Shirley was on the other side the street the row was in, he stood opposite; it is not a wide street. John Yates and Samuel Hunt were the other two boys. I knew all four by being neighbour's children. I did not see Mascoe there, but will not say that he was not. I left as soon as the row was over, and did not see the officers come up. I went to Queen's-square on the Monday, and told the Magistrate what I knew, he said I was to come at the next hearing; I went and was not admitted.

WILLIAM WARD . I did not see this woman. I saw Abel soon after he was robbed; his face and apron were all over blood. He was as sober as I am.

JANE MORTON . I live at No. 27, Duck-lane. On the 15th of July, on St. Swithin's day, Sunday, between three and four o'clock, I saw the prosecutor turn the end of Duck-lane and four boys with him, he turned out of Orchard-street to go into Duck-lane, and got about the space of one door in Duck-lane.

Q. Which is widest Duck-lane, or Orchard-street - A. Orchard-street. This happened in Duck-lane. I was looking out of my room window. The four boys were Roberts, Barney, Hunt and Yates.

Q.You saw no other boys - A. I saw the prisoner standing on the opposite side of the way, in Duck-lane, the prosecutor had hold of Joshna Roberts's coat, they were only a few doors from me; I was looking out of a one pair of stairs window, and could see what passed in Orchard-street; I had been looking out of the window ten minutes, and saw them in Orchard-street - I saw them turn into Duck-lane, Roberts gave himself a turn round, and struck the prosecutor on the breast, and as the prosecutor fell, his hat fell off, he was very much intoxicated, he staggered very much in Orchard-street; he stopped to pick his hat up, Barney stood along side of him with a broomstick, and cut him about the eye; I saw the blood trickle down his face directly.

Q. Any body there must have seen it, I suppose - A. Yes; Mrs. Wright lives in the neighbourhood, I did not see her there; Shirley stood on the opposite side of Duck-lane. If Wright had stood there too, I must have seen her; I think I saw her at Queen-square next day - I know Mascoe, I did not see him there, I saw none but the four boys; Shirley was there.

Q. How many boys did you see then - A. Some boys ran when they heard the skirmish.

Q. What skirmish - A. Why the prosecutor crying out, he d - d and swore about the boys, he did not say he had lost any thing. This passed in Duck-lane, I did not see the prosecutor give the boys any money; I did not go down to enquire what was the matter, nor speak to the boys.

JOHN ABEL . The boys met me in Orchard-street; and it was there I was knocked down.

NOT GUILTY .

First Middlesex Jury, before Mr. Common Sergeant.

Reference Number: t18210912-137

1185. ROBERT TOSLEY was indicted for stealing, on the 22d of February , twenty quarters of malt, value 60 l. , the goods of Frederick William Taylor .

MR. ADOLPHUS conducted the prosecution.

FREDERICK WILLIAM TAYLOR . I am a farmer and maltster , and live at Cudham, in Kent . On the 22d of February, about nine o'clock in the morning, I saw the prisoner go into my malting door, I never saw him before; thinking he wanted me, I opened my door and went out; he said, "I understand you have some malt to sell;" I said, "Very little, my stock is short"; he said, "I was informed you had a great deal to sell. I come from Messrs. Cavey and Killing, you know them" (one of them is a maltster in the neighbourhood); I said, "I know them very well, but I have very little malt to sell, what I have I will shew you; will you walk in and take breakfast." He breakfasted with me - he said, "You do not know me, I am doing business for Thatchell and Rowell, of Winsley-street, near the Pantheon, Oxford-street, brewers;" I knew them to be brewers. I shewed him the malt, and said I had not many to spare, but if they liked them, as my house was in full work, I could soon make them; he said, "I want sixty quarters, and if my employers approve of them when they come in, we will make it two hundred;" he said, I understand the nature of malting, I have been in that line myself, and yours are just such malts as we want to make our stock beer; I asked him 64 s. a quarter; he said, "That is rather too much, as I want them for ready money." I do not know whether you know my employers' manner of business, but we do not ask credit of any man." I said, to be sure ready money was an object, and I would take off 1 s. a quarter; we finally agreed that 63 s. a quarter should be the price for sixty quarters. They were to be delivered in scores; he was anxious to have the first delivery as early as he could, as he said the time of year for making stock beer was spending fast. This was Tuesday, I said it would not be possible to send them next day, as they would require some getting ready, and agreed to send them on Thursday to Thatchell and Rowell; he said "You need not trouble yourself to come up, if you send a bill and receipt by the waggoner, it will be the same thing as if you came for the money." I, not knowing any thing of the parties, replied, that I was going as far as Greenwich that morning, and would tide up and receive the money, which was to be sixty guineas; he went with me into the counting-house, and I took down, from his mouth, the address of the persons they were going to, "Messrs. Thatchell and Rowell, Winsley-street, near Oxford-street." He left, I do not believe that I asked his name - I dealt with him from his own expression of his employers, we alluding to Thatchell and Co. I had the malt made ready and sent it on Thurday morning by my waggoner, and told him to take them to Thatchell and Co.'s, and not to get there till nine in the morning, when I would be there and see them all measured myself. When I got there I found neither the malt or waggon; I saw Mr. Rowell, he said he knew nothing of the transaction. I suspected there was some trick - I did not find my waggon till I got home. I immediately commenced a search for the prisoner, but could not find him till three weeks ago.

Cross-examined by MR. BRODRICK. Q. You found where the malt was - I found it at Holmes's brew-house, near the Yorkshire Stingo, at Paddington. The money has been offered me since he has been in custody; a man, who came with a letter from the officer, offered it to me, and it was offered again at Marlborough-street. I would not have taken it if I had not been advised not; the Magistrate did not advise me to take it - he advised the man to put the money up, and say no more about it. It was not tendered to me; the prisoner mentioned Thatchell and Co., when he first looked at the malt, I did not treat with him on his own account, but as their agent; I should not have looked to him for the money, if they had failed.

Q. Have you brought an action against Holmes for the money - A. No; I have demanded the money several times from him.

MR. ADOLPHUS. Q. Did you know his name, or any thing about him - A. No; I took down Thatchell and Co. and considered them as the buyers - the money was offered three weeks ago.

JOHN OLIVE . I am waggoner to Mr. Taylor. On the 22d of February, he gave me twenty quarters of malt to deliver to Messrs. Thatchell and Co., near Oxford-road; I had a written direction, I met the prisoner at Charing-cross (I had seen him down at my master's before), he said they had just took another brewhouse, and I was to go along with him; he took the paper from me, and took me to the Yorkshire Stingo, public-house, we stopped about 20 rods off, for about a quarter of an hour, as he said there were so many brewers drays in the yard, we could not get

in - we then went in, and the men in the brewhouse helped to unload the malt; the prisoner got on the waggon, and helped to move the sacks - it was shot in the store-house with other malt, and mixed; he gave me 2 s. 6 d., some beer, bread, and cheese, and said he would go and send my master to me; but instead of that, a porter came to me, and in consequence of what he said, I went to the foot of Westminster-bridge, to wait till my master came to me, for I was to take a load of dung home - we waited there nearly an hour, then my master's sister came by; I went back to the Yorkshire Stingo, public-house, but could not find the prisoner there.

Cross-examined. Q. The men at Holmes's brewery helped to unload it - A. Yes; the prisoner carried none, but on entering the yard, there is an archway; he helped to move the sacks, to let the waggon under - I did not go into the granary except with the last sack, to see it measured, and saw it in a heap.

SAMUEL HOLMES . I keep the Yorkshire Stingo, brew-house, at Paddington. and was present when Olive delivered part of this malt; the prisoner stood by the waggon looking on, while my men carried it in. I had bought that malt the day before of George Hans , who I now understand lives in Circus-street, Marylebone - he was present at the delivery, I was to give 54 s. a quarter. I have no connection whatever with Thatchell's house, nor did I bargain with them for it. I had not employed the prisoner or any body to go into the country to look for malt.

Cross-examined. Q. Hans was present - A. Yes; I considered it worth 58 s.; but I was not in want at the time.

MOSES GREEN . I live in Crawford-street, Bryanston-square. In February last, the prisoner sent me with a message to the Yorkshire Stingo, to the waggoner and his boy, the prisoner said his name was Mr. Taylor, that he came from Winsley-street, and that I should see his waggon and horses in the yard, and the man and boy in the public-house, having bread, cheese, and beer, and I was to shew them the way to the Crown, public-house at the foot of Westminster-bridge, and to wait there till he came; he gave me a shilling, and said he would give me another when he came to the bridge - I shewed the waggoner there, and staid there an hour and a half, he never came, and I never had the other shilling.

Cross-examined. Q. When was this - A. On the 22d of February. I was in conversation with him about five minutes, I am positive he is the man.

MR. RICHARD THATCHELL . I am a brewer, and live in Winsley-street, Oxford-road. The prisoner was never employed by us in any way whatever; we have no connection with the brewers at Paddington; I am in partnership with Mr. Rowell.

Cross-examined. Q. You have clerks - A. Two; named Bewsher and Miell. No malt was offered me, at this time I had a good supply; if I wanted any, I should have applied myself.

MR. ROWELL. In February, I was in partnership with Mr. Thatchell. The prisoner was never employed to do any thing for our house. I have seen him once before.

Cross-examined. Q. Where - A. At our counting-house. It was not to offer malt, I know nothing of any proposal being made to send me sixty quarters about this time.

Prisoner's Defence. I bought it on my own account, with the honest intention of paying for it.

GUILTY . Aged 34.

Transported for Seven Years .

First Middlesex Jury, before Mr. Recorder.

Reference Number: t18210912-138

1187. JAMES FRAZER was indicted for stealing, on the 1st of August , three table cloths, value 40 s.; one coat, value 10 s.; one waistcoat, value 5 s., the goods of Sir Henry Lushington , Bart. , and one pair of breeches, value 5 s.; one shirt, value 3 s., and one cravat, value 1 s., the goods of Henry Carpenter , in the dwelling-house of the said Sir Henry Lushington .

ANN BURNETT . I am servant to Sir H. Lushington, of Baker-street, Portman-square . At dinner time the bell rang, I went to answer it, and saw the prisoner in the housekeeper's room, made an alarm, and my fellow servant came and took him.

ROBERT WILLIAMSON . I am a constable. I was fetched, and took the prisoner. These things were all collected together in a bag, ready to be taken away.

STEPHEN ROBINSON . I am servant to Sir H. Lushington. I heard an alarm given, and found the prisoner standing in his room. I asked his business, looked round, and found he had collected all this property together, and laid it on the chair. I asked what he was going to do with them he began crying, and said he was a poor fellow out of place, and came to ask us to give him something; I asked which way he came; he said, through the window - I found a bag by the things - he said, it was his; I asked if he was going to carry the things away in it, he made me no answer. I sent for an officer, who took him - the table-cloths are my masters. I have the coat and waistcoat on - a shirt and pair of breeches belonging to me were among them.

Prisoner. Q. Do you swear I got in at the window - A. You said so, my clothes hung behind the door before he came, and the cloths were in a different part of the room.

Prisoner's Defence. He asked the servant if she left the window open - she said, she did. I came in at the door and asked a man if he had any boots to sell; he said come in - the brewer rang the bell, and the woman called out

"Oh, my G - d, here is a man in the house" - they found nothing in my basket - he took the bag out of the basket.

GUILTY . Aged 20.

Of Stealing to the value of 39 s. only.

Transported for Seven Years .

First Middlesex Jury, before Mr. Recorder.

Reference Number: t18210912-139

1188. DANIEL WITHY was indicted for stealing, on the 30th of July , two table cloths, value 40 s.; one coat, value 10 s.; one waistcoat, value 5 s.; and one hat, value 5 s., the goods of Sir H. Lushington , Bart. , in his dwelling-house .

STEPHEN ROBINSON . I am servant to Sir H. Lushington. On Monday the 30th of July, between two and three o'clock in the afternoon, the door, which leads to the passage from the area, was opened by some person, I had latched it ten minutes before, and went to sit in a room with my fellow servants and heard it open. I immediately ran into the area - a person said a man had just ran up the

steps with some things under his arm - we ran after him, I caught sight of him twice with the things - I will not swear to the prisoner. I still followed and got to Berkley-mews; he dropped the things - I picked them up, and still followed - the prisoner was taken in Adam-street, West, he had the same kind of coat on, and appeared the same man. The things were Sir H. Lushington's property.

WILLIAM JACKSON . I heard a cry of Stop thief! in Seymour-street, ran and overtook the prisoner in Adam-street, West; they said he was the man, and I took him to the watch-house.

ROBERT WILLIAMS . I joined in the pursuit. The prisoner was given in my charge.

Prisoner's Defence. I was walking down Adam-street, a gentleman stopped me, and said I was wanted. I went quietly to the office.

NOT GUILTY .

First Middlesex Jury, before Mr. Recorder.

Reference Number: t18210912-140

1189. EMMA CONGREVE was indicted for stealing, on the 10th of September , one coat, value 3 l., and one waistcoat, value 1 l., the goods of John Brown ; and one apron, value 1 s., the goods of Eliza Brown , in the dwelling-house of John Lewis .

ELIZA BROWN . I live in Young's-buildings, Old-street . Mrs. Lewis keeps the house. I had known the prisoner three or four years; I met her in Old-street, she asked me to give her a cup of tea - she came up, and had tea with me that afternoon, and came and drank tea with me regularly every day for a fortnight, and on this day fortnight she came up, I was washing - she was backwards and forwards all day, I was busy, I let her do as she liked; she brought a bundle in with her, and said she was going to take it to the washerwoman's in Gee-street, she put it in a chair close by the trunk; I went to the trunk, pulled out the coat and waistcoat, and threw them over my arm - she saw me put them back into the trunk. I turned my back to her, and went on washing; she went out of the room shortly after, and said she would return in half an hour. I looked out of the window, and saw that her bundle looked much larger than when she brought it in; I turned to the trunk, missed these things and my apron. I was never out of the room. She had the apron on when she came to the office. She is an unfortunate girl. My husband keeps me.

Q. You are a married woman, are you - A. No, my Lord, I am not married.

Cross-examined by MR. BRODRICK. Q. How long have you had a husband without being married - A. Since May twelve months. I have been an unfortunate girl. I did not induce her to walk the streets. She tells me she is twenty years of age - I am twenty-seven. I did not walk the streets with her. I never lent her things, nor did I pawn the coat.

JOHN BROWN . At eight in the morning of this day, I put my coat and waistcoat in the trunk - I do not know what became of them. I was in and out of the room several times. I live with this woman as her husband.

Cross-examined. Q. Did your wife ever pledge things - A. With my permissian, but not lately.

SAMUEL SAUNDERS . I am an officer. Brown sent me to look for the prisoner, and in three-quarters of an hour I found her at a public-house in Goswell-street, and found 17 s. on her. Next day, at the office, the prosecutrix claimed the apron she had on - the prisoner said she lent it her. I understand the clothes have been bought two years, and cannot be worth the money.

Prisoner's Defence. Mrs. Brown lent me the apron on the Friday. I know nothing of the coat and waistcoat.

AMELIA ABBINGDON . My husband is a tailor, and lives in the Curtain-road. About twelve o'clock on the day of the robbery I saw the prisoner, and asked her where she got that workhouse thing of apron from - she said the prosecutrix lent it her to keep her gown clean.

ELIZA BROWN . I did not lend it her.

NOT GUILTY .

First Middlesex Jury, before Mr. Recorder.

Reference Number: t18210912-141

1190. ELLEN M'CARTY was indicted for that she, on the 19th of July , a certain male child, called John Brady , son of John Brady , and Norah his wife , of the age of five months, maliciously and feloniously, by force, did take and carry away, with intent to deprive the parents of the possession of him, by concealing and detaining him from them .

SECOND COUNT, the same, only substituting the word fraud for force.

NORAH BRADY . I am the wife of John Brady , who is a bricklayer's labourer , we live at No. 8, Field-lane ; our son John was six months old, on the 6th of this month. I had the prisoner in the house as a servant for six weeks, and gave her a shilling a week, and her board. On the 19th of July, I went to market to sell my things, and left her in care of the child, she went away, and took it forty-three miles; I advertised her in three papers, and had 400 bills printed - she kept it twelve days; it had a coat and a black beaver hat on,

WILLIAM RATCLIFF . I keep the George, at Brickhill. The prisoner brought the child to Brickhill, and took private lodgings, and was taken extremely ill; her landlady applied to me as overseer, for medical assistance; the medical gentleman found her in a dangerous state - she was speechless for twelve hours. When she came to herself, I believe, the woman taxed her with stealing this child. She had been stopped at Hockliff on suspicion. She acknowledged stealing it, and said it belonged to John Brady , of No. 8, Field-lane. I gave the child in charge of the woman until I ascertained the fact, by sending the guard of the Cobourg coach to enquire, and on the 30th the prosecutrix came down, and took it to London.

MATTHIAS WELSHEWS . The prisoner was given into my charge. I took a coat and hat from her in town, which the prosecutrix claims - she had it on.

NORAH BRADY . I have the child here; I got it from Brickhill - it was in a very bad state. When I found it its two hands were in its mouth, and it was quite forced with screaming. It was not weaned when it was taken - I understood she used to give it her empty breast, to pass as a mother. I had no dispute with her, I believe she is single.

Prisoner's Defence. I was taken in a fit, and did not

know where I was - I sent her a letter to come for the child.

GUILTY . Aged 22.

Transported for Seven Years .

First Middlesex Jury, before Mr. Recorder.

Reference Number: t18210912-142

1191. WILLIAM BROWN was indicted for stealing, on the 16th of August , two shirts, value 10 s.; two table cloths, value 5 s.; two sheets, value 7 s.; one pair of trowsers, value 5 s., and one towel, value 6 d. , the goods of William Hibbert .

MARY HIBBERT . I am wife of William Hibbert , a stonemason . On the 16th of August, about two o'clock, I left these things in a clothes basket, in our drying-ground, at No. 5, Bentinck-street, Vauxhall-road . I went to the next house, and in the mean time there was a great bustle in the street - I heard a cry of Stop thief! several times, looked round to my right, and saw a man coming down with a black bundle under his left arm; he ran into Douglas-street, and there I lost him - I went into my yard, and missed the articles stated in the indictment. I went out and met Lawrence leading the prisoner by the collar, and bringing back a bundle, which I suppose to be the one I saw him pass my door with; it contained my property, we took him to Queen-square - he must get over two walls to take them.

BENJAMIN LAWRENCE . I was at my door, No. 30, Rochester-row, Westminster, heard the cry of Stop thief! I ran through my passage into Cobourg-row, and stopped the prisoner with a bundle of linen under his left arm; he said "For God's sake, let me pass." I took him back to the prosecutrix, and then to Queen-square.

Prisoner. Q. I said, "There goes the man who stole the thing" - A. There was another man a-head of him, but he had the property.

WILLIAM POUCHER . I saw him running with the bundle, and Lawrence take him with it. I saw him turn down by the hospital into Rochester-row.

(Property produced and sworn to.)

GUILTY . Aged 17.

Transported for Seven Years .

First Middlesex Jury, before Mr. Recorder.

Reference Number: t18210912-143

1192. WILLIAM JOHNSON was indicted for stealing, on the 14th of August , one handkerchief, value 7 s. , the goods of Joseph Cornwall .

LYDIA HARRIS . I keep the Drum, public-house, at Old-Brentford . On the 14th of August, between three and four o'clock in the afternoon, I was sitting in the kitchen. A man came in at the back door, and in a few minutes I heard a noise over the kitchen, I went up into the bed-room, saw no one, and came down again, and in a few minutes heard somebody coming down stairs. I stopped down in the passage, a man came to the bottom of the stairs, went out at the back door, and went towards New Brentford - he held his face down so low. I could not see his features - my husband gave an alarm, I went up and found my brother-in-law's box broken open - the prisoner was in the house that afternoon, but I will not swear he is the one I saw come down stairs.

JOSEPH CORNWALL . When I came home, I found my box broken open.

MARY CORNWALL . I was talking to my aunt in the kitchen, heard a noise, she went up, and came down; I looked after the man, and called my uncle to pursue him.

THOMAS BAKER . I sell oysters. On the 14th of August, I heard a cry in the street, and saw a man following the prisoner; expecting him to be the thief, I attempted to stop him, he jumped suddenly aside, and struck me - I followed, and collared him, he turned round and dropped a silk handkerchief, a small chissel, and a small crow-bar; I picked them up, and brought him with them to the office.

WILLIAM ADDERLEY . I heard a cry, crossed the road, and Baker gave me the prisoner and implements, and as I was locking him up, he threw a bundle of picklock keys away.

GEORGE CARVER . On the 14th of August, about two o'clock in the afternoon, I went to this house, and had a pint of beer. The prisoner sat there half an hour, I heard a cry of Stop thief! and immediately missed him, ran, and saw him secured.

(Property produced and sworn to.)

GUILTY . Aged 28.

Transported for Seven Years .

First Middlesex Jury, before Mr. Recorder.

Reference Number: t18210912-144

1193. CHARLES MANCE and JOSEPH MULFORD were indicted for stealing, on the 22d of July , one handkerchief, value 4 s., the goods of Robert Cuff , from his person .

ROBERT CUFF . On the 23d of July, about twelve o'clock in the day, I was in Queen-street, May-fair ; I felt something catch at my pocket, I immediately put my hand down and missed my handkerchief, turned round and saw the prisoners about a dozen yards off; Mulford had the handkerchief in his hand. I ran after him, he threw it down, I picked it up - and pursued, they were stopped, and I took them to the watch-house. They were both together, and nobody was near me but them.

JOHN BENNETT . They were brought to the watch-house.

MULFORD'S Defence. I saw the handkerchief nearly out, and took it from distress.

MANCE'S Defence. I heard the gentleman cry and ran.

MANCE. - GUILTY . Aged 15.

MULFORD - GUILTY . Aged 21.

Confined One Month , and Whipped .

First Middlesex Jury, before Mr. Recorder.

Reference Number: t18210912-145

1194. ELIZA HARPER was indicted for stealing, on the 7th of September , one tub, value 5 s. , the goods of James Beal .

JAMES BEAL . I am a cooper , and live in Cow-cross . On the 7th of September about eight o'clock at night, a person said a woman had stolen a tub from the door. I ran and overtook the prisoner with it two hundred yards off, and give her in charge.

(Property produced and sworn to.)

Prisoner's Defence. A parcel of boys knocked the tub down, nobody came to it, I took it up, and said that I would take it home.

GUILTY . Aged 26.

Confined Six Months .

First Middlesex Jury, before Mr. Recorder.

Reference Number: t18210912-146

1194. MELCHER HEDGES was indicted for stealing,

on the 8th of August , one hat, value 5 s. , the goods of John Burgess .

JOHN BURGESS . I am servant to Mr. Mitchell, of Wimpole-street . On the 8th of August, between three and four o'clock in the afternoon, I came in and put my hat in the passage, and in a quarter of an hour I heard somebody knock at the area door, and found the officer with the prisoner and my hat. He must have come in at the area door to take it.

BENJAMIN SCOFIELD . On the 8th of August I passed the prisoner with another boy; I had been watching them several days; and in about five minutes the prisoner went down the area and came up with this hat and gave it to the other boy (whose name is Dwyer), to look at; he returned it to him. I took hold of the prisoner, he endeavoured to throw it down. He said I would not allow him to beg and so he must thieve. I tried to take the other boy but he escaped.

GUILTY . Aged 16.

Transported for Seven Years .

First Middlesex Jury, before Mr. Recorder.

Reference Number: t18210912-147

1196. GEORGE FARNFIELD was indicted for stealing, on the 6th of August , four shirts, value 8 s.; six cravats, value 3 s.; two pair of drawers, value 2 s.; one nightcap, value 6 d.; and two pair of stockings value 2 s. , the goods of George Cann .

SARAH CANN . I am wife of George Cann . On the 6th of August, between four and five o'clock in the afternoon, I had these things in a cart. I went into a shop for an errand, an alarm was given that my bundle was stolen from the cart which stood at the door. I went out and saw the prisoner with it in his hand, and kept him in sight till he was stopped. He then dropt it, and it was picked up and given to me.

WILLIAM HARPER . I was in Brewer-street , saw the prisoner cross and take this bundle out of the cart, I followed and took him.

THOMAS TURNER . I was going along Brewer-street, and saw the prisoner reach over the tail of the cart and take the bundle out - he walked away leisurely - we followed and took him.

ROBERT CHAPMAN. I was passing Crown-court, saw a crowd, and the prisoner was given into my charge.

(Property produced and sworn to.)

GUILTY . Aged 28.

Transported for Seven Years .

First Middlesex Jury, before Mr. Recorder.

Reference Number: t18210912-148

1197. JOHN DAVIS was indicted for stealing, on the 11th of September , one necklace, value 4 s., the goods of George Ball , from the person of Joseph Ball .

SARAH BALL . I am wife of Joseph Ball . On the 11th of September I was going along the Curtain-road , I saw three boys playing with a flour sack; I passed them a short distance, and then my baby had a pull at the neck - I turned round and caught the prisoner at my shoulder with the beads in his hand - he had taken them off the child's neck. He ran away - I am sure he is the boy.

JOHN TILLET . I heard the cry of stop thief - saw people running; I overtook the prisoner - took him to the prosecutrix. He said he would show me where they were. I took him back but could not find them.

GUILTY . Aged 10.

Transported for Seven Years .

First Middlesex Jury, before Mr. Recorder.

Reference Number: t18210912-149

1198. WILLIAM CHERRY was indicted for stealing, on the 2d of August , one saw, value 5 s. , the goods of Thomas Bailey .

THOMAS BAILEY . On the 2d of August I was at work next door to Mr. Groves. at Bethnal-green , and left my basket of tools there. In the morning I found the saw in possession of the prisoner; he did not work there. I have seen him before.

WILLIAM GROVE . I live in South-street, Bethnal-green; Bailey was at Work next door to me. I am in the silk trade. The prisoner called on me in the evening and asked if I could give him employ; I had given him a cane to twist, and in going down stairs he had to pass this basket of tools. I missed the saw and found it in pawn.

THOMAS JONES . I am a pawnbroker, and live in Holywell-lane. On the 1st of August, about nine o'clock, the prisoner pawned the saw - I am sure he is the man.

(Property produced and sworn to.)

Prisoner's Defence. He said if I made him a recompence he would have nothing to do with it - I accordingly gave him 3 s., the duplicate, and 1 d. to pay the interest.

GUILTY . Aged 22.

Whipped and discharged .

Second Middlesex Jury, before Wm. Arabin , Esq.

Reference Number: t18210912-150

1199. SOPHIA CLARK was indicted for stealing, on the 17th of August , one waistcoat, value 1 s. 6 d.; and one cap, value 1 s. , the goods of David Andrews .

DAVID ANDREWS . I deal in fish , and hired the prisoner as a servant while my wife was ill, and on the 17th of August I left her in care of my property while I was absent. I returned on the 18th, and missed the waistcoat and cap, among other things. I found her very much intoxicated, and had her taken to the watchhouse.

SAMUEL PRENDERGRASS . I am an officer. On the 19th of August in the afternoon, I searched her, and found a quantity of duplicates, among which was one for the waistcoat and cap; I also found a key on her, which opened the drawer they were taken from. I spoke to her about it, she made no reply.

WILLIAM BYCROFT . I am servant to Mr. Wood, a pawnbroker; the duplicate belongs to our shop. I took the cap and waistcoat in pawn from a female in the name of Ann Green; I dont know her.

HANNAH ANDREWS . I am the prosecutor's wife; the key is mine - I gave it her a fortnight before to open the drawer, and asked for it several times. She said it was gone down a hole in the floor - it is the key of the drawer which contained the things. I went out with my husband on the 17th, and left her in care of the house.

Property produced and sworn to.

GUILTY . Aged 44.

Confined Six Months .

Second Middlesex Jury, before Wm. Arabin , Esq.

Reference Number: t18210912-151

1200. JOHN BIGGS was indicted for stealing, on the 29th of July , the sum of 1 l. 9 s., in monies numbered, the property of James Cantle , from his person .

JAMES CANTLE . I am a sawyer , and live at Deptford. On Saturday, the 29th of July, I was at the King's Arms, College-street , quite sober; I sat down. The prisoner came and sat in the opposite box - I gave him some beer, bread and cheese for supper, as he complained of poverty. I fell asleep. Nobody but him was in the room then. I had a sovereign, a 5 s. piece, two or three shillings, and a sixpence or two. When I awoke I felt in my pocket for money to pay for my beer and it was gone. I complained to the landlord. It was safe half an hour before I went to sleep - it had been paid me in the house.

ANN UPSTILL . I am servant at the house. When Cantle went to sleep; the prisoner was in the tap-room and nobody else. I was there all the time; I do not recollect whether they were in the same box - I did not see them near each other. When Cantle awoke the prisoner was gone. I am sure nobody but him was there. Cantle complained of losing his money - it was between eleven and twelve o'clock on Saturday night.

DAVID BENTLEY . On Sunday morning, the 30th of July, just before five o'clock, I was getting some coffee about two hundred yards from this public house, the prisoner came with a woman, had half a pint of coffee and bread and butter, and gave the woman one; they had three cups - he gave the woman a sovereign, she could not change it, and I did - I gave him a crown piece, four half crowns, and five shillings.

CHARLES JACOBS . I am a constable. I was sent for on Sunday morning, and took the prisoner in custody, and asked him what money he had got - he said he had only three halfpence. I said, "Nonsense, you have more than that." I struck his trowsers, heard money rattle, took him back to our place, and a crown piece, four half crowns, two shillings, and one penny dropped from him.

Prisoner's Defence. The money was sent me from the country by my friends.

GUILTY . Aged 22.

Confined Six Months .

Second Middlesex Jury, before Wm. Arabin , Esq.

Reference Number: t18210912-152

1201. JOHN BERRY was indicted for stealing, on the 27th of July , one handkerchief, value 4 s., the goods of John Gootch , from his person .

MR. CHARLES MAYBERRY . I am a surgeon, and a friend of John Gootch . On the 27th of July, at half past nine o'clock in the morning, he and I were walking arm-in-arm in Red Lion-square , and as we crossed near Leigh-street, I felt a jerk, and on turning round I perceived the prisoner in the act of taking a silk handkerchief out of Mr. Gootch's pocket; he had got it quite out, and was in the act of giving it to a companion who was with him; he let it fall - I called Stop thief. His companion ran through the square, and he down Leigh-street; I secured him without losing sight of him, and am confident he is the man. I have had the handkerchief ever since, and produce it.

CHARLES BROWN . I took him in custody.

Prisoner's Defence. I heard the cry, turned round, and the gentleman took me and said, "I think you are the man who picked my friend's pocket." I said, "I am not."

GUILTY . Aged 19.

Transported for Life .

Second Middlesex Jury, before Wm. Arabin , Esq.

Reference Number: t18210912-153

1202. WILLIAM WILLIAMS was indicted for stealing on the 10th of September , fifty pounds of lead, value 5 s., the goods of Richard Thomas the elder and Richard Thomas the younger , and fixed to their dwelling-house .

SECOND COUNT stating it to be fixed to building of theirs.

JOHN FOX . I am a watchman. On Monday, the 10th of September, at half past one o'clock at night I was on duty in Leicester-place, and met the prisoner carrying this lead tied in an old apron and an old handkerchief. I asked what he had there. He said a parcel which a gentleman gave him sixpence to carry for him to a coffee shop in Crown-street, Soho. I said, "I must take it and you to the watch-house." - He said the gentleman was coming behind. I said I would leave word with the rest of the watchman to tell him where he was gone. Next day I took the lead to Mr. Woods, it tallied and fitted with two pieces the plumber shewed me.

MR. RICHARD THOMAS , JUN. I live in the Strand , in the parish of St. Martin's . My father's name is Richard; he does not live there, but we are both proprietors. On Monday morning, the 10th of September, about half past six o'clock, I was looking out of window, and found a considerable quantity of lead cut away from the back of the premises; about two hundred weight was rolled up, and the rest taken away. It was safe the night before between six and eight o'clock; it was the covering of an out-building. I sent to Wood the plumber to repair it; he took it all away, and that which was not cut off. I went to St. Ann's watch-house, and saw the lead found on the prisoner - compared with it, they tallied.

WILLIAM WOODS . I am a plumber. I took the lead from Mr. Thomas's roof, and on Tuesday morning the officer brought some more. I compared them, they corresponded exactly in every part. I have no doubt of its being part of the same - it is both cut and torn.

Prisoner's Defence. I lodge with my mother in Somer's-town. I was out late - a man came up and said, if I would carry it to a shop in Wardour-street he would pay me - I never offered to run away when the watchman stopt me.

GUILTY . Aged 18.

Transported for Seven Years .

Second Middlesex Jury, before Wm. Arabin , Esq.

Reference Number: t18210912-154

1203. WILLIAM SCAIFE was indicted for stealing on the 5th of September , one watch, value 30 s.; one chain, value 2 d.; one seal, value 5 s.; and a ring, value 4 s. , the goods of Henry Orme .

HENRY ORME . I am a corn-chandler , and live in Little Russell-street, Covent-garden . On the 5th of September, about nine o'clock in the morning, I left my watch under my pillow in my bed-room, and did not miss it till five o'clock in the afternoon. I had been out. I am sure I left it there. The prisoner was errand boy to a lodger of mine, and could get to the room; I believe the door was open. I found it at Bow-street on the 14th.

JAMES LEACH . I am shopman to a pawnbroker, who lives in St. John-street, Clerkenwell. On the 5th of September, about eleven or twelve o'clock, the prisoner pawned the watch. I am sure he is the boy.

ROBERT BERRY . I am a pawnbroker, and live in Fetter

Lane. On the 5th of September the ring was pawned with me. I believe the prisoner to be the boy.

(Property produced and sworn to).

Prisoner's Defence. I leave it to the mercy of the Court.

GUILTY . Aged 17.

Confined One Year and Whipped .

Second Middlesex Jury, before Wm. Arabin , Esq.

Reference Number: t18210912-155

1204. CHARLES WASEN was indicted for stealing, on the 14th of July , one sheet, value 10 s.; and one ham, value 5 s. , the goods of James Raitt .

JAMES RAITT . I am a broker , and live at Walworth . On the 15th of July I missed a sheet and a ham from under a shed in my back premises - I found them on the 17th at the office in Brown's possession. I lost two hams - I knew this by the paper round the knuckle, and by its being full of insects. I know nothing of the prisoner. It was safe on the 14th.

THOMAS BROWN . I am a watchman. On Sunday, the 15th of July, early in the morning, I saw the prisoner in Winfield-street, Whitechapel, alone, with a ham on one side, and a sheet on the other - his coat covered them. I stopped him, and asked what he had there, he said it was a ham which he had got from their baker's, where it had been to be smoked. I took him to the watch-house.

RICHARD PLUNKET . I took possession of the property, and gave the ham up to Raitt.

(Sheet produced and sworn to.)

Prisoner's Defence. They were given me by a journeyman baker to take to another house - he heard I was taken, and has got out of the way.

GUILTY - Aged 26.

Confined Three Months .

Second Middlesex Jury, before Wm. Arabin , Esq.

Reference Number: t18210912-156

1205. EDWARD BOWMAN was indicted for stealing, on the 23rd of July , one purse, value 2 d.; and the sum of 16 s. in money, the property of William Dobson from his person .

WILLIAM DOBSON . On the 23rd of July, about two o'clock, I was endeavouring to get into Westminster Hall - there was a crowd in the rear of me, and in endeavouring to pass a small barrier, the prisoner caught me by the right arm and threw my arm up. I said, "What are you about" - the constable immediately said, "Here is a purse." - I said it was mine, it was taken from my right hand breeches pocket. I did not miss it till I saw the constable pick it off the ground, - the prisoner was secured, I did not feel him take it.

THOMAS BELHAM . I am a mariner. I was near the crowd - saw a purse drop, and a person next to me picked it up, and caught hold of the prisoner. I did not see who it dropped from.

SAMUEL TURNBULL . I picked the purse up. I saw the prisoner there - I did not see him do anything - Bidgood, who is not here, said, "This is the man who picked the gentleman's pocket."

NOT GUILTY .

Second Middlesex Jury, before Wm. Arabin , Esq.

Reference Number: t18210912-157

1206. JOHN WATSON was indicted for stealing, on the 23rd of August , one plane, value 1 s. 6 d.; and one saw, value 4 s. the goods of Richard Prouting .

RICHARD PROUTING . I am a carpenter . On the 23rd of August I lost a plane and a saw, from a house in Queen Ann-street - I was at work there with the prisoner. At three o'clock he said the tools were in a dangerous place, any one might steal them, and I had better put them away; I said I should, but I must take the plane home at four o'clock. I went on working, and at four o'clock sent him to tea. I then missed the plane from the parlour where he had been working. I found it that night at Morrit's. I lost the saw on Saturday.

JOHN CREASEY . I am servant to Mr. Morrit, a pawnbroker, High-street, St. Mary-le-bone. On the 23rd of August, between five and six o'clock, the prisoner pawned the plane in the name of Robert Fry . I am sure he is the man.

WILLIAM FELLOWS . I took him in custody. I have known him ten years, and always thought him a good character.

The Prisoner pleaded distress.

GUILTY . Aged 45.

Confined Two Months .

Second Middlesex Jury, before Wm. Arabin , Esq.

Reference Number: t18210912-158

1207. GEORGE WARDEN was indicted for stealing, on the 1st of September , one picture, value 10 s. the goods of Charles Dale .

CHARLES DALE . I am a costermonger . I live in Turk's Head-court, Golden-lane . I keep a donkey in a stable there. A person must pass through my room, were this picture was, to get to the stable. I went out, leaving it hanging in my room, and the door locked. I left the key with my boy - when I came home at night it was gone. I found it at Worship-street.

JOHN RICHARDSON . Dale left the key with me - the prisoner had been with me and master all day long. He came to me and asked for the key, to take the donkey home - I gave it him - he returned it in half an hour, and said the place was all safe.

FRANCIS MARKS . I am a licensed broker. I bought the picture of the prisoner for 2 s. 6 d. He said he was in want of bread, and had a mother very ill.

JOSEPH PRINCE . I took him in custody, he told me where he sold it.

(Property produced and sworn to.).

GUILTY . Aged 16.

Confined One Month .

Second Middlesex Jury, before Wm. Arabin , Esq.

Reference Number: t18210912-159

1208. CATHERINE SULLIVAN and CATHERINE BRYAN , were indicted for stealing on the 11th of August , the sum of 1 l. 7 s. 6 d. in monies numbered, the property of James Chalkley , from his person .

JAMES CHALKLEY . I am a carman , and live in Rose-street. On Sunday morning, the 11th of August, at 2 o'clock, I was in Back Church-lane, Whitechapel , returning from a supper which master gave us: I was not at all in liquor. I stopped against a wall for a necessary purpose; the prisoners surrounded me, and one of them drew my purse out of my pocket; I did not feel them do it, but Sullivan pulled me round, and Bryan put her hand to my breeches pocket; they went on about six yards, I then missed my purse, which contained 27 s. I had my hand in my pocket when I stopped, it was safe then; I followed them and stopped Bryan - Sullivan

was before her; they denied it. I have not found it. They were both taken immediately without going out of my sight. It contained a sovereign, three half crowns, and some silver.

RICHARD PLUNKET . I am constable of Whitechapel. Between two and three o'clock in the morning, the prisoners were given in my charge at the watch-house by the watchman; the prosecutor said he had lost a sovereign, three half-crowns, and some other silver amounting to 1 l. 16 s. I found a sovereign, three half-crowns, 1 s. 6 d. and 13 d. in copper, on Sullivan; she said she took the sovereign of a captain at Blackwall-stairs for cherries. Bryan said, "If you have got the money and know it is the man's why not give it him." I only found 2 1/2 d. on her. I locked them up. Bryan then said she took the money from the man and gave it to Sullivan; she called to me on purpose to tell me.

BRYAN'S Defence. I picked it up.

SULLIVAN'S Defence. I was not near him.

BRYAN - GUILTY . Aged 23.

SULLIVAN - GUILTY . Aged 30.

Transported for Life .

Second Middlesex Jury, before Wm. Arabin , Esq.

Reference Number: t18210912-160

1209. JAMES SHEEN was indicted for stealing on the 22d July , 1 coat, value 5 s. and 1 handkerchief, value 2 s. the goods of John Vincent .

JOHN VINCENT . I am a labourer , and work for a gentleman in Clarges-street, and lodge in the prisoner's mother's house; he and I slept in the same bed. On Wednesday, the 25th of July, I missed my coat and handkerchief from my box in the room, which was locked: I had seen it safe on Sunday. I found them in pawn.

ELIZA DUFFIELD . My husband is a portable writing desk maker: I stopped the prisoner, and told him I must take him up for a thief.

WILLIAM WARD . I am a constable. On the 31st of July, the prisoner's sister and mother brought him to me, and said he was a thief: his mother gave me the duplicate of these things, and said in his presence that he gave them to her - he did not deny it.

JOSEPH TEMPLE . I am a pawnbroker, and live in Panton-street, Haymarket. On the 23d of July, the handkerchief was pawned for 4 s. and on the 24th, the coat for 5 s. I believe the prisoner is the boy, but am not positive. The duplicates are mine.

(Property produced and sworn to.)

GUILTY . Aged 16.

Confined Two Months and Whipped .

Second Middlesex Jury, before Wm. Arabin , Esq.

Reference Number: t18210912-161

1210. JOHN SEYMOUR was indicted for stealing on the 24th of August , one handkerchief, value 4 s. the goods of William Johnson .

WILLIAM JOHNSON . I am a coal dealer , and live in Belton-street, Long-Acre ; the prisoner was my servant . On the 24th of August I missed this handkerchief from the parlour behind the shop, out of a box; I discharged him on the 25th. I afterwards suspected him, and had him secured; I found it in pawn.

JOHN BARTLETT . I apprehended the prisoner, and told him his master suspected that he stole the handkerchief. He said he had done it, and pawned it at Wise's, and gave the duplicate to a girl in Kent Street, Borough.

RICHARD ABRAHAMS . I am shopman to Mr. Wise, of Long Acre. On the 24th of August the handkerchief was pawned for 2 s. 6 d. I dont know who by.

(Property produced and sworn to.)

GUILTY . Aged 17.

Whipped and Discharged .

Second Middlesex Jury, before Wm. Arabin , Esq.

Reference Number: t18210912-162

1211. JAMES SMITH was indicted for that he, on the 4th of May , unlawfully, wilfully, maliciously, and feloniously did in a forcible manner, demand the monies of Michael Gallon , with intent to rob him and his monies from his person and against his will, violently and feloniously to steal .

SECOND COUNT for demanding his money by menaces.

MICHAEL GALLON . I am a gentleman's servant out of place ; I had been eleven weeks out of place. I last lived with the Marquis Durantar, at Florence. I arrived here the day after the coronation. On Saturday night the 4th of August, I spent the evening with a friend in James Street, near Buckingham House. I passed through Buckingham Gate on my way to Park-lane, and went up Constitution-hill ; and half way up the hill, I saw two men standing consulting together, with their faces turned towards the iron railing; I was quite alone when I passed them; they both turned round and looked at me; as I passed I heard one say to the other,"Is that him?" The other said, "No." I went past; I heard one say, "He will do as well" - this was the stout man (the prisoner). I suspected they had some ill intention, and turned round; I began to walk quicker, and as I looked round I saw one of them coming after me; the other said, "Shall I go with you?" He said, "No; I can do it myself." I walked about twenty yards further on, when he overtook me, and asked why I walked so fast; he walked up quite close to me: I said I was afraid the gate would be shut, "It is almost ten o'clock, dont you think it is?" While this was going on we were walking together He said, "No, it is of no consequence, you will not go through that gate to night." I said, "Why so - is it locked?" he immediately caught hold of my arm, and said, "The short and long of it is this; I am a poor man out of employ, and you are a gentleman, and unless you give me 2 l. immediately, d - n my eye, if I wont knock your brains out immediately." I said, "what do you mean, who are you that you get your living in this way." He immediately gave me a blow under the right ear with his fist, and I ran out to the carriage way. I run round and took my purse out of my pocket, and put it inside my neckhandkerchief, and pushed my hat up from my forehead; I ran round and gave him a blow and knocked him down; he immediately got up and came to me again, and I again knocked him down, and waited for him on the footpath.

Q. You knocked him down twice, and waited for him to come up again? - A. Yes: he immediately got up, and came and struck at me several times, but I always guarded him off.

Q. So that he did not hit you? - After that, we were fighting together for nearly a quarter of an hour, I believe; he beat me severely about the body, but always guarded my face. I fought at least for three quarters of an hour with one and the other (there were two of them -

one escaped); he then gave me a blow and nearly knocked me down; I ran furiously at him -

Q. You ran up furiously to him, is this correct? - A. Yes: and knocked him down; when he fell, he cried out "Bill, d - n you, where are you, he is doing me." Bill came up with his fists prepared to hit me, and I knocked Bill down as soon as he came up; Bill immediately got up again, and I again knocked him down: the other remained down on the road, while Bill was knocked down twice on the footway: they were both down. Both of them immediately got up; I was much exhausted, and both of them ran to me at once and knocked me down. I dont know which got me down, they were both over me. I found the two hands of one, or both of them in my pantaloon pockets; they rifled my pockets; I lost all recollection of where my purse was, (being engaged with them so long;) they tore open my coat, and dragged open my bosom, and tore my shirt, which I have now; they searched all over my body; one said to the other "You know he had it, you have got it I am sure." The other said, "I am d - d if I have got it - it is a d - d lie, I have not got it, but you have, for you know he had it." While I was down, and before I was down, I was crying out murder and robbery all the time.

Q. What all the three quarters of an hour. - A. Yes. - not three quarters of an hour. It was when the second came at me, I did not cry till Bill came up - it was about a quarter to ten o'clock when it commenced.

Q. What next happened. - A. I heard footsteps of a third person, and did not know but it was another ruffian coming to their assistance. As soon as he came within six yards of me they stopped, and Bill got off me, and gave me a blow with the heel of his shoe, stamping, which has rendered me lame ever since, and ran away. The third person came up and said, "For God's sake don't kill that person," and when I heard it was somebody for my protection it gave me fresh courage. I immediately caught hold of him by the cravat - he endeavoured to get loose, but I would not let him.

Q. Was that the prisoner. - A. It was, my Lord. I held him fast, and with the person's assistance, dragged him to the gate, and found the porter at the lodge, and asked why he did not come to my assistance when he heard me cry so long - he said he had told the watchman of it, who refused going. I went up to the ruffian again, and he gave me a blow. I dragged him through the crowd. A hackney coachman came up, and said, "Stick to the ruffian, I know there are two of them there nightly." I said, "Don't be afraid, I'll take care of him." I dragged him through the turnpike, and met the watchman, who refused taking him in charge. I dragged him again through the crowd, and found an officer, who immediately took him to Mount-street watch-house.

Cross-examined by MR. ADOLPHUS. Q. You did not say where you lived. - A. At 26, Upper Titchfield-street, Cavendish-square. I lived there on the 4th of August. I was going to the washerwoman in Park-lane, to tell her to send my things home. I went to James-street at half-past six o'clock, and left a quarter to ten. I had been in Italy six years and a half. I first lived with the Marquis's father, and then with his son. Before I went to Italy I lived with Earls Bridgwater and Paulet.

Q. How long were you crying robbery and murder. - A. Above twenty-five minutes - it was as soon as Bill came up. I cried as loud as I could. I think I was not above fifty yards from Piccadilly gate. I could see the lamps in Piccadilly very well - people who passed the rails must have heard my cries. I don't think I could be heard in the Mall. I believe it was after ten o'clock when I began hallooing, for the first was engaged with me nearly half an hour. I did not halloo while the first man only was with me, as I could manage him very well. I have a witness here, his name is John something - he is a boy about sixteen or seventeen.

Q. Where have you seen him since this affair? A. At Bow-street, and here, nowhere else. I saw him one day at the porter's lodge in Piccadilly.

Q. Have you seen him nowhere else. - I really am not quite positive. I never went to his lodging - I don't know where they are, nor has he called on me. I have sent to him this evening to come here. He has called at my lodgings for me to attend at Hicks's Hall - the officer desired him to call - he only called once to my recollection. I have only seen him there once - I never gave him any thing.

Q. During all this fighting and scuffling was your coat buttoned. - A. No: I stripped it open, while fighting, to give me more air. He tore my waistcoat and shirt - my coat, pantaloons, and waistcoat were covered with blood. I was wounded in the nose, and the blood spirted from my mouth. Nobody saw me slip my purse into my cravat. One of them said to the other, "You know he had it."

Q. How could either of them know you had a purse. - A. I don't know. I was setting in a liquor shop with my friend, and changed a sovereign; they might be there and see it.

Q. Then it was at a liquor shop that you and your friend were at: what was the sign. - A.George Arms, kept by Henry Raikes - I don't say they were there. When I got to the gate, my face and handkerchief were covered with blood. I put up my hand, and felt my purse in my handkerchief, and gave it to a respectable man to take care of. I have got it now. I have brought my cravat here, it is a black silk one. I told the park gate-keeper to come here - he said it was no business of his. He said that sixteen carriages had stopped to ask the reason why nobody went to my assistance. I have not subpoened him, or the watchman, or hackney coachman - I did not know his number, and have not seen him since. I had spent my evening with Raikes and his family - several people were there who I had no acquaintance with.

JOHN ASBERRY . I am servant to Captain Seymour, Elm-place, Chelsea. I was out of service on the 4th of August, and was passing the park in Piccadilly about half past ten o'clock, and heard the cry of robbery proceed from Constitution-hill. I took no notice till I heard the cry of murder. I stopt, and heard it again. I got over the rails, and two young men got over also - they said they were afraid to go down to the place, and I said I would go by myself. I run till I got within six yards of the spot, that was about one third of the way from the gate to the palace, it might be about 200 yards from Piccadilly. Just as I got there I perceived a man run away, and run among the trees towards the Queen's garden, where I lost him. I came up and found the prosecutor laying underneath, and the prisoner laying on his g-ts at the top of him - he had hold of the prosecutor by each arm across the breast - the prosecutor had hold of the prisoner's neck; he had his hand inside his neckcloth. The prisoner said,

"You have got it about you, and if

you dont give me it I will knock your brains out." This passed while he was laying upon him; but when I came up I found the prisoner's breeches all undone about his heels; how they came so I dont know - they were down to his knees as low as they could be. I said, "Halloo here, what are you at?" The prosecutor called out to me to assist him. I seized the prisoner's collar, and said, "Halloo, this wont do, get off, are you killing the gentleman or murdering him." I could not get him up for some time, the prosecutor would not let him go. He said, "Wont you let me go?" He said "No, you must go with me to the watch-house." Both their hats were off, and laid about four yards from them. After they got up the prisoner said, "I am d - d if I dont give charge of you, you s - d - e and son of a b - , and you shall see if I cant get some recompence for this." Then the prosecutor held him while I picked up their hats. I gave them each their hats. The prosecutor said he should go to the watch-house - and the prisoner said he should go to the watch-house with him. They each came along very gently till they came to the gate. They each said they should go to the watch-house - the prisoner charged him with being a ***, and the other said he was a highway robber - they still kept hold of each other coming up, though they came quietly. The two lads met us about fifty yards down the walk. When we came to the gate the prosecutor let go of him, and the prisoner gave him a knock in the face, and said, "There you d - d s - son of a ***, do you want any more of me?" The prosecutor then let go of him, and went to the gate and inquired the reason that no one came to his assistance. Somebody said they called the watchman, but he would not come. The prosecutor then came back again to the prisoner; he stood still in the place where he left him; and he said, "You must go with me to the watch-house;" and when the prisoner found the people came round, he said, He would be d - d if he did not give charge of him too. - When we came to the watchman he would not take charge, for they were both so bloody he did not know what to do. The prosecutor would not let the prisoner be taken in charge unless he had hold of one of his arms himself. Jeffreys came up and said,

"You take one, and I'll take care of the other." Cross-examined. Q. Where did you live at this time? A. I lodged at No. 7, George-street, St. Giles's. I live now with the Captain, I have been five weeks in his service. Before that I lived pot-boy at the Plaisterer's Arms, Marybone-street. When I lived in George-street I sold laces and different things, and part of the time I was haymaking; I was there nearly six months.

Q. Were there many people in Piccadilly when you got over the gate? - A. Not many near the gate; there were some by the coach stand - they must have heard the cries.

Q. When the prosecutor speaks to you does he call you by your name? - A. I never associate with him; he called me by the name of Asberry at Bow-street and Hick's Hall, and here. I have seen him at several places. I have seen him at his house, No. 26, Titchfield-street, four or five times; I called for him of a morning; may have seen him about three times at his house, and sat in his room while he dressed, and we both came out together - he was not at home at other times; we went to Hicks's Hall and Bow-street together; he always called me Asberry; he sometimes called me John. I was present from the time I came up with them in the park till they got to the watch-house. I have told all that passed. Some man patted the prosecutor behind and told him to stick to him. One day last week the park gate-keeper told me to tell the prosecutor he wished to see him, and I told him when I saw him here - he went to the lodge with me.

Q. Did he ever give you any thing? - A. He gave me eightpence on the night of the scuffle, and gave me an old hat once - nothing else except a pint of beer or so.

JAMES JEFFREYS . I was at my duty at Hyde Park corner. A little before eleven o'clock I heard a noise coming from the park. An inspector told me not to interfere, for he thought it was a drunken row, and we were obliged to abide by orders. I saw a good lot of people go down towards St. George's Hospital; they all came back together. I followed and asked what was the matter. When we came to the corner of Park-lane, I said, "I will take one and you take the other" - I told a watchman so. As we went to the watch-house together I found them both all over blood; the prosecutor's shirt and waistcoat were torn. I asked who he was? he said a butler, and that he came from abroad. I said unless he gave me security I should not let him go. The prisoner sent me to Westminster where I found his discharge from the guards, and found he now belongs to the West Middlesex militia.

Cross-examined. Q. What time do you go on duty? - A. About eight o'clock. We were all talking together; but I think if there had been a cry of robbery and murder for twenty-five minutes I must have heard it. I always pay attention to the park. I believe the gate is locked at ten o'clock.

The prisoner in his defence stated that the prosecutor forced his conversation on him, and detailed several indecent acts which the prisoner stated that he resisted with force, and the prosecutor then charged him with attempting to rob him.

NOT GUILTY .

Second Middlesex Jury, before Wm. Arabin , Esq.

Reference Number: t18210912-163

TWELETH DAY, TUESDAY, SEPTEMBER 25.

1212. JOHN LAW and JOHN JAGGERS were indicted for stealing on the 18th of August 1 sack, value 2 s. and one bushel and a half of coals, value 18 d. the goods of William Bryant and Edward Bryant : and Harriet Atkinson for feloniously receiving the said coals, knowing them to be stolen .

BENJAMIN BLABY . I am constable of the Thames Police. On the 18th of August, about seven o'clock in the morning, I and Wilson were in Nightingale-lane, and saw the male prisoners coming towards us; they turned down Burr-street. Law was carring a sack full of something; Jaggers looked round several times to see if they were watched; he had his own hat on, and another under his jacket; they saw us and rather mended their pace; we lost Laws in Lower East Smithfield. I followed Jaggers, and asked what he had got there, he said only a hat. I turned back and went into a cook-shop there, and found Laws standing up with the sack, which was then empty; it had contained coals: I asked where he brought them from - he said from a coalshed at Wapping

several times; I wished to know what shed; he then said, he brought them from Bryant's, and that they were a few sweepings which he had saved up. Atkinson came into the shop from backward, I asked where the coals were shot, and I think it was her that said they were shot in the kitchen; I went backward and found they were shot down by the copper side; she said the man ran in and ran backward and shot them before she had time to see what they were, and said they were sweepings. I took her word for attending the office, which she did. I went and found Jaggers at work at Bryants, I asked him for Law's hat, he fetched it.

WILLIAM WILSON . I was with Blabey; his account is correct.

WILLIAM BRYANT . I am in partnership with my brother Edward; we are coal-merchants at Wapping . On the 18th of August Jaggers was in my employ as a coal-heaver . I cannot swear to the coals; they dont appear sweepings. I do not allow them to take sweepings, but it is sometimes done.

NOT GUILTY .

Second Middlesex Jury, before Wm. Arabin , Esq.

Reference Number: t18210912-164

1213. JOHN WICKENS was indicted for embezzling a one pound bank note, which he had received on account of William Leslie , his master .

MR. ANDREWS conducted the Prosecution.

WILLIAM LESLIE . I am a coal merchant , and live at Chelsea ; Catherine Smith is a customer of mine. In October last her account was 1 l. 19 s. The prisoner was my clerk . His duty was to collect money. He had a book, in which he entered with his own hands at the end of each day what he received; he brought me the money, which I examined, and signed my name to the book. I find no entry in his book of his having received 1 l. from her the 16th of April , he never paid me that 1 l. I find an entry of the 7th of May of 1 l. 19 s. as received from her - that entry was originally only 10 s. but has been altered to 1 l. 19 s.

Cross-examined by MR. ADOLPHUS. Q. If the 1 l. 19 s. was not an altered entry your account with Smith would be right? - A. Yes, but I have no right to receive 10 s. instead of 1 l. 19 s. I can swear I only received 10 s. on that day. I had a copy taken of the cash-book which I examined six or seven weeks ago. When he paid me money I examined his account and signed it as correct.

CATHERINE SMITH . I deal with Mr. Leslie and owed him 1 l. 19 s. I paid the prisoner a 1 l. note first, here is his receipt - (reads)

"16th of April, by cash 1 l." it was a Bank note -

"7th of May, 10 s. and 18th May 9 s." - I live in Queen's-gardens, Brompton.

Cross-examined. Q. In all you paid him 1 l. 19 d. and took his receipts. - A. Yes.

CHARLES WILLIAM SANSON . I am clerk to Mr. Leslie, and have been so seventeen months. I produce the cash book in which the prisoner entered what he received in the course of the day; there is no entry of 1 l. being paid by Smith on the 16th of April; the entries are made by him. There is an entry of 1 l. 19 s. on the 7th of May, but it was originally only 10 s. I can take on myself to say, that till the 21st of July, the entry remained 10 s. for on that day I took a copy of the cash-book by master's order, in order to detect any thing wrong; I have the copy here. In the cash-book, there has been a figure of I put in the pounds column, and the 0 in the shillings column is turned into 9; I received no money from him on Smith's account in April or June.

Q. Look at this paper, is it in the prisoner's writing? - A. I do believe it to be; (reads it), "Alter the cash-book, May the 7th, Smith 10 s. to 1 l. 19 s. to correspond with the Ledger."

Cross-examined. Q. You dont know where that paper comes from? - A. No: I believe it to be his writing; I began to copy the book on the 21st of July, and finished it on the 23d; the entry was then 10 s. Mr. Leslie does not interfere much in the business; I cannot say what his memory is; he has been very ill; I cannot say whether his memory was affected.

Q. It is rather an awkward question to propose - but, do you believe in the Scripture? - A. I believe in a portion of them. I believe them generally.

Q. Do you believe the New Testament to be a revelation from God? - A. It is impossible for me to say whether it is or not; it very probably may be so. I do not profess not to believe it.

Q. Do you believe it. - A. I have given very little thought about it. I am bound to speak the truth.

Q. I suppose bye and bye you will say, you are bound, in a moral sense, to speak truth, but do you believe the New Testament, on which you have been sworn, to be a revelation from God. - A. Very probably it might have been - I can say nothing against it. I do believe it.

Q. To be what. - A. To be a history.

Q. On your oath, do you believe the whole of the New Testament to be the revealed word of God. - A. I do.

Q. Why not say so at first. - A. I did not completely comprehend your question.

Q. Have you not professed not to believe the Holy Scriptures, and that Jesus Christ was not the son of God. - A. I certainly have disputed it, and do dispute it now. Is is impossible for me to say what it is. I cannot contradict it. I believe it in certain parts.

JOHN HANDLEY . I am an officer. I apprehended the prisoner in Collingwood-street, Chelsea. I found the paper produced, in his desk, in his master's counting-house, two or three days after.

Cross-examined. Q. It might easily have been slipped into his desk. - A. No: for I found it in a pocket book. He gave me the key of his desk.

JOSEPH COOPER . I found a ledger of the Saving Bank in his apartments.

GUILTY . - Aged 34.

Transported for Seven Years .

Second Middlesex Jury, before Wm. Arabin , Esq.

Reference Number: t18210912-165

1214. GEORGE NASH and ANDREW JOHNSON were indicted for stealing on the 25th of October , six fixtures, that is, six locks, value 30 s. the goods of Thomas Wallis , and fixed to a dwelling-house of his .

MARY GOOGH . On the 25th of October last, I was servant to Mr. Thomas Wallis , who had a house to let at No. 17, Gloster-place, Camden-town . Between twelve and one o'clock. Nash knocked at our door, and asked the rent of the house, No. 17, Gloster place. I told him - he then asked if he could have a sight of it. I said yes, and gave him the key - it was a little distance off. I followed him to the house - he had got in before I got there, and shut the door. I did not see him go in. I gave a double

knock, and he came down - both the prisoners came out - he shut the door and gave me the key, and asked me whose house it was; I said Mr. Wallis's, (there was a bill up to let it) - he asked what time he could see Mr. Wallis. I said nine o'clock in the morning was the best time. He asked about the taxes - I said Mr. Wallis would inform him. He came out of the gate down the road, and crossed the fields towards Sommer's-town. I went into the house, and found a lock taken off the door, and laid on the drawing room stairs. I found the locks taken off all the doors, and put in a bag in the house - there were six in all. None were carried out of the house, but some of the handles were gone. They both went away together. I was in the house about a week before - the locks were all fixed then.

Cross-examined by MR. BRODRICK. Q. The house was only kept single locked. - A. No: I had not shewn the house to anybody, as a family had just left - Mr. Palmer had it before. I got to the house in less than ten minutes after them. I sent a man after them on finding the locks off.

JOSEPH BITTLE . Googh alarmed me, and desired me to follow the prisoners, who were about fifty yards off. I followed them near half a mile, and took them, with Fletcher's assistance - they were together. I saw Johnson throw a lock and some brass away. I picked up the brass - the lock was picked up and given to me. Some other things were picked up.

PETER WHITEHAIR . I had these things in my possession till December, and then gave them to Mr. Wallis. I found a screw driver on Johnson.

JOSEPH FLETCHER . On the 25th of October I was at work in my garden - heard a cry of stop thief - looked round and saw the prisoners running violently. When they came up to me, I saw Johnson throw several things from his pockets. I dont know what they were, one thing looked like a watch. I called out, "It is all over with you, for you may depend upon it I'll have you." He jumped over a ditch into my garden, and then over a hedge; - his foot slipped, and he fell. I saw him throw some screws from his pocket - I seized him, and Bittle took Nash - we took them to the watch-house - returned, and in the way they ran a bell pull was found.

THOMAS WALLIS . The house belongs to me. Googh had to let it. The locks were fixed to the doors - the carpenter who compared them is not here - the house is in St. Pancras parish.

Cross-examined. Q. Are the houses yours. - A. They are.

NASH'S Defence. I wanted a house. The servant said I could see her master at nine o'clock. I said I could not be there so early, and would call to-morrow. I locked the door, and gave her the key.

NASH - GUILTY . Aged 34.

JOHNSON - GUILTY . Aged 48.

Transported for Seven Years .

Second Middlesex Jury, before Wm. Arabin , Esq.

Reference Number: t18210912-166

1215. SAMUEL WEBB was indicted for stealing, on the 1st of September , nineteen yards of printed cotton, value 12 s. ; the goods of Edward Pike .

CHRLES CHAPMAN . I am servant to Edward Pike , a linen-draper . On Saturday evening, the 1st of September, somebody called out. I ran to the door - saw the prisoner going off the curb, with this print in his hand. I pursued, and lost him for a moment, but am sure he is the lad. I secured him - somebody picked it up, and brought it in the shop.

Cross-examined by MR. HONE. Q. Is the man here who picked it up. - No: I did not see it dropped. It hung in the shop, and was torn down. It was within the threshold - it might come to the edge of the door. It could not be taken without great difficulty.

JAMES SUMMERS . I heard an alarm - went to the shop, and took him in charge.

(Property produced and sworn to.)

GUILTY - Aged 19.

Whipped and discharged .

Second Middlesex Jury, before Wm. Arabin , Esq.

Reference Number: t18210912-167

1216. BENJAMsN ROBINSON was indicted for stealing, on the 8th of September , one truck, value 3 l. the goods of James Malvern .

JAMES MALVERN . I am a porter in the Stationery office, James-street, Pimlico. On Friday night, the 7th of September, about nine o'clock, I locked and chained my truck to Sir Robert Gifford 's rails, Whitehall-place - next morning at a quarter before five it was gone. I found it at Lambeth - I stood by the side of it a few minutes - the prisoner came up, and asked me if I wanted to buy a truck, as he had that to sell, and was obliged to sell it to go into the country that morning. I told him it was mine, and I would make him take it back to where he brought it from - he said he would see me d - d first, without I would assist him. I took him to the watch-house.

WILLIAM MILES . I brought the prisoner to Newgate; he said voluntarily that he did it through want, and that he had eat no victuals for eight days.

Prisoner's Defence. I was distressed.

GUILTY . Aged 60.

Confined Three Months .

Second Middlesex Jury, before Wm. Arabin , Esq.

Reference Number: t18210912-168

1217. JAMES ROBINSON was indicted for stealing on the 3d of September , one jacket, value 7 s.; one pair of trowsers, value 15 s.; one waistcoat, value 5 s.; and three handkerchiefs, value 5 s. , the goods of James Shands .

JAMES SHANDS . I belong to the ship Jane , which laid near Wapping ; the prisoner had a passage on board from Amsterdam. On the 3d of September I missed these things from the captain's bed in the cabin; he knew where I kept them - I went ashore, returned between six and seven o'clock on the morning of the 4th, and they were gone - he had left the ship about an hour and a half after me. When he was apprehended my handkerchief was found in his hat. I have found nothing else. My clothes were new; I paid 3 l. 18 s. for them on the night they were stolen.

DANIEL BLYTHE . I am a Thames police surveyor. On the 11th of September I apprehended the prisoner at the Ship and Pilot public house - I could not find him before. I asked what he had done with these clothes. He said he sold them for 30 s. to a Jew in Rosemary-lane on the night he took them - I found the handkerchief in the crown of his hat.

(Handkerchief produced and sworn to.)

Prisoner's Defence. The handkerchief is mine. I did not steal the clothes.

GUILTY . Aged 26.

Transported for Seven Years .

Second Middlesex Jury, before W. Arabin, Esq.

Reference Number: t18210912-169

1218. ABRAHAM FREY was indicted for stealing, on the 10th of September , one loaf of bread, value 6 d.; eleven candles, value 10 d.; 2 lbs. of potatoes, value 2 d., and 2 lbs. of bacon, value 1 s. , the goods of Samuel Rohde .

Mr. S. ROHDE. I live in Lemon-street , and manage my brother's business. This property is his (Major Rohdes .)

NOT GUILTY .

Second Middlesex Jury, before W. Arabin, Esq.

Reference Number: t18210912-170

1219. THOMAS MORAND was indicted for stealing, on the 12th of September , four seals, value 39 s. , the goods of Francis West .

FRANCIS WEST . I am an optician and sell seals , and live in Russell-court, Drury-lane . On the 12th of September, about seven o'clock, the prisoner came in and asked to see some gold seals which were in the window, I shewed him a card, containing five; he appeared to fix on one marked 7 s. 6 d., and asked me the motto; I told him - he then said, his brother liked a black stone, but he liked a white; I asked if he intended to purchase, he said, Yes, and asked me to cut the seal off; I said I could not, unless he meant to purchase; he said he did - I cut it off, he then came very close to the lamp. He had his hat on, which was wet; I told him, if he went near the glass bell over the lamp it would fly to pieces; he took it off, and began talking about his brother Tom - he went to the door, called "Tom," and ran out with the card of four seals. I followed immediately and knocked him down, I secured him without loosing sight of him. I suppose he dropped them in the mud, as I have not found them. I distinctly saw him take them. On the way to Bow-street I met Dallas, who took him back to my house to search him, and there he exchanged my coat for his, which I did not discover till I got to Bow-street.

ALEXANDER DALLAS . I met him in Vinegar-yard. I stripped him in the parlour.

The prisoner pleaded distress.

GUILTY . Aged 21.

Transported for Seven Years .

Second Middlesex Jury, before W. Arabin, Esq.

Reference Number: t18210912-171

1120. JAMES FLANERY and THOMAS WASHER were indicted for feloniously breaking and entering the dwelling-house of Ebenezer Norman , at St. George , about six o'clock in the forenoon on the 8th of August , (he and others being therein), and stealing three spoons, value 10 s., and four crown pieces, and eightpence in copper money, his property .

EBENEZER NORMAN . I am a cabinet-maker , and rent a house in Little Turner-street, Commercial-road , St. George's in the East. On the 8th of August, between five and six o'clock in the morning, I and my family were all in bed. I was awoke by a loud knocking at the street door, saying, "Norman, get up, there are thieves in your wood yard". I immediately came down, went to the private door to open it, seeing the chain down, I could not open it, which I thought strange, as the bolts were undone - one of the witnesses was holding it to prevent their escaping - I then ran into the shop, opened the shop door, and found my neighbours in front - I instantly ran down the wood yard, and after looking about some time, saw Washer on the top of the adjoining house; I kept my eye on him - they got a neighbour's ladder, put it against the wall, and I saw the witness collar one of them; I went and slipped on my things, went round to the street, and helped to take them to the watch-house - both prisoners were found on the top of the house. I lost a table-spoon and two tea-spoons, four crown pieces, and some halfpence; I had left them in the back parlour cupboard.

WILLIAM DEAN . On the 8th of August, early in the morning, I heard a noise in the street, got up, ran to the the window, and saw Norman in his shirt, in the street; I ran down stairs, and understood that thieves were backward - I kept outside the door, and presently saw a person's hat on the top of the house, above the coping; I watched till somebody brought a ladder - I then got on the top of the house, and found both the prisoners lying in the gutter; I collared Washer, and said, "Come, get up," and in rising, some silver spoons dropped from under his smock frock, and a brown paper with some copper in it. I handed him down the ladder to the watchman, then went back, Flanery still laid in the gutter; I handed him down the ladder to the watchman, we all went to the watch-house, and there two crown pieces were found in one of their bats.

ISAAC CALWAY . I got up about five o'clock in the morning, and went into the Commercial-road; as I returned, I saw Flanery in the passage of Norman's house, and Washer leaning with his back against the gate outside - as I passed by, they came out of the passage and went towards the Commercial-road - by that time, I had got home, which is thirty yards off. I opened my window, looked out, and saw them both return to the same spot; it struck me all was not right, I went up by Norman's house, and met a man at the top of the road, and told him I thought all was not right; I went up to Norman's door, gave a good knock, and directly heard something inside - I looked over the yard door, and Flanery was on the planks in the yard coming towards me, he made his way back again, and they got on the adjoining house - I saw them in the gutter.

FRANCIS JACKSON