Old Bailey Proceedings, 11th September 1828.
Reference Number: 18280911
Reference Number: f18280911-1

SESSIONS' PAPER.

THE RIGHT HONOURABLE MATTHIAS PRIME LUCAS, MAYOR.

SEVENTH SESSION, HELD AT JUSTICE HALL, IN THE OLD BAILEY, ON THURSDAY, THE 11th DAY OF SEPTEMBER, 1828, AND FOLLOWING DAYS.

TAKEN IN SHORT-HAND,(BY AUTHORITY OF THE CORPORATION OF THE CITY OF LONDON) BY H. BUCKLER.

LONDON: PRINTED BY HENRY STOKES, No. 74, CORNHILL; AND PUBLISHED BY G. HEBERT, AT HIS LIBRARY, No. 88, CHEAPSIDE.

1828.

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

Before the Right Honourable MATTHIAS PRIME LUCAS , LORD MAYOR of the City of London; Sir Joseph Littledale , Knt., one of the Justices of his Majesty's Court of King's Bench; Sir Stephen Gazelee, Knt., one of the Justices of his Majesty's Court of Exchequer; Sir John Perring , Bart.; John Ansley , Esq.; Sir Charles Flower , Bart.; John Atkins , Esq.; John Thomas Thorp , Esq.; William Venables , Esq., John Crowder , Esq.; and Sir Peter Laurie , Knt.; Aldermen of the said City; Thomas Denman , Esq., Common Sergeant of the said City; William St. Julien Arabin , Sergeant at Law; and The Honourable Charles Edward Law ; 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 the County of Middlesex.

LONDON JURIES.

First

Thomas Craig ,

Richard P. Hyam ,

George Ramsdall ,

John Jeffries ,

Thomas B. Atkinson

Benjamin Spingall ,

William Nightingale

William Frenck ,

George Oswell ,

John Winskall ,

Richard Everard ,

William Mott .

Second

Samuel Appleby ,

Nathaniel Williams ,

William Ruff ,

George S. Teale ,

Stephen Hale ,

William Ticklin ,

James Beesom ,

Ebenezer Williams ,

John Kelley ,

Robert Wood ,

William Burton ,

William Young , jun.

MIDDLESEX JURIES.

First

Thomas Parkin ,

John Parish ,

William Perkins ,

William Pickman ,

Joseph Pope ,

Thomas Pountain ,

Richard Pondar ,

Benjamin Pountney

Charles Phillips ,

John Phillips ,

Thomas Powell , jun.

George Phipps .

Second

William Pizzey ,

Thomas Powell ,

George Papworth ,

Richard Price ,

Geo. Roundthwaite ,

John Readwin ,

Henry Rawlinson ,

George Russell ,

Thomas Rogers ,

Fred. Rothenburgh ,

James Robertson ,

William G. Rogers .

Third

Joseph Rhodes ,

Wm. Rudduck , jun.

Dennis Ransom ,

William Rigby ,

George Robertson ,

John Rogers ,

Joseph Robson ,

Thomas Rawlings ,

Thomas Reynolds ,

William Read , jun.

Roger Room ,

Alexander Russell .

Fourth

Taverner Miller ,

George Manning ,

James Massey ,

Joseph Matters ,

Andrew Mc. Ewing ,

William Manson ,

Robert Mackie ,

William Martin ,

James Mc. Kensie ,

James Millar ,

James Mitchenhill ,

Thomas Matthews .

Fifth

George Minter ,

James Mackie ,

John Moore ,

Joseph Mallett ,

William Mansur ,

Henry Mitchell ,

James Nalder ,

James Newton ;

William Norman ,

Henry Otley ,

George Osterman ,

William Perry .

SESSIONS' HOUSE, OLD BAILEY, SEPTEMBER 11, 1828.

LUCAS, MAYOR - SEVENTH SESSION.

OLD COURT.

Reference Number: t18280911-1

First Middlesex Jury - before Mr. Justice Littledale.

1559. JOHN DRISCOLL and DENNIS DRISCOLL were indicted for feloniously assaulting Margaret Donovan, on the King's highway, on the 9th of June , putting her in fear, and taking from her person, and against her will, 2 rings, value 2l. , the goods of Joseph Donovan .

The prosecutrix did not appear. NOT GUILTY .

Reference Number: t18280911-2

Before Mr. Justice Gazelee.

1560. MARY (THE WIFE OF GEORGE) ROY was indicted for stealing, on the 17th of July , at St. Mary Matfellon, alias Whitechapel, in the dwelling-house of William Wall , 1 snuff-box, value 10s., and one 5l. Bank note, the property of the said William Wall, to whom she was servant .

MR. BARRY conducted the prosecution.

WILLIAM WALL. I am a wine-merchant , and live in Prescott-street, Goodman's-fields, in the parish of St. Mary, Whitechapel . I missed some money from my desk in the early part of this year, and took measures to discover the thief. On the 17th of July I went to my banker's, Messrs. Hankey's, and procured ten 5l. Bank notes, which were Nos. 19,259 to 19,268, inclusive, and dated June 18, 1828; I deposited them in a desk in my counting-house, from which I had previously lost money- I had seven sovereigns in the desk; I had not marked the notes, but knew they were successive numbers; I rumpled them up in my hand, and put them into the desk in that state; I locked the desk - (I had previously lost a key of that desk) I went to the desk in an hour and a half, to give the seven sovereigns and ten 5l. notes to my clerk to be marked, in case of a loss, and missed a 5l. note, No. 19,260; I did not miss any gold: I had Mr. Wood (the clerk) and the prisoner, who was my cook, apprehended, and also the housemaid. The prisoner was searched, and the 5l. note, No. 19,260, which I had lost, was found on her; the officer took it from her pocket, in my presence, in a leather purse, with a clasp to it; I also found on her a 10l. note, four sovereigns, 21s. 6d. in silver, and a master-key of the desk from which I lost the note, and also of the clerk's desk by the side of it; I had lost it some time previously - it would open both desks, but the clerk's key would only unlock his own desk. I found the duplicate of a silver snuff-box on her - I had lost that box before, but do not know when; it was afterwards shewn to me, and is mine; it has my name engraved on it - I have had it twenty years.

Cross-examined by MR. PHILLIPS. Q. Do you know whether her husband was in the habit of coming to see A. I never knew him to be in the house till he came subsequent to her committal; I did not know she was married.

JOHN LENT . I am a clerk to Messrs. Hankey, banker's. On the 17th of July I paid Mr. Wall a cheque of 50l. with ten 5l. notes; here is the entry in my book - the numbers were 19,259 to 19,268, both inclusive.

JOHN BARNETT NEAL . I am a pawnbroker, and live in Union-street. Borough. I produce a small silver snuff-box, which I have very little doubt was pawned by the prisoner - it was six months ago, and I should not like to swear to her, but I have very little doubt that it was her- it was on the 14th of February.

EBENEZER DALTON . I am an officer. On the 17th of July I was called in, and searched the prisoner - I found a 5l. note on her, which I shewed Mr. Wall, in her presence, and he knew it; here it is - it is No. 19,260, dated the 18th of June, 1828; I found a duplicate, and went to the pawnbroker's with it: I also found on her a 10l. note, four sovereigns, 21s. 6d. in silver and copper, with some other duplicates.

Cross-examined. Q. Do you know whether she is married? A. I have seen her husband; I cannot say whether he visited at Mr. Wall's

MR. WALL. This is the note I deposited in my desk on the 17th of July; I had not written on it; she came into my service in January, and conducted herself well.

One witness gave the prisoner a good character.

GUILTY - DEATH . Aged 28.

Recommended to Mercy, in consequence of her former good character, by the Prosecutor and Jury .

Reference Number: t18280911-3

Before Mr. Justice Littledale.

1561. JAMES HARDING was indicted for stealing, on the 19th of July , 1 watch, value 50s.; 1 chain, value 1s; 1 key, value 6d., and 1 seal, value 6d., the goods of Robert Small , in his dwelling-house, one Anna Maria Small being therein, and putting her in fear .

ROBERT SMALL. I live at No. 16, Beauchamp-street, in the parish of St. Andrew, Holborn, Middlesex , and occupy the house. On the 19th of July, I went out between one and two o'clock, leaving my watch hanging in a cupboard in a corner of the shop, four or five yards from the window; there is a dresser before the window: I returned about five o'clock, and it was gone - I found it at Hatton-garden; I had left my daughter Anna in the with a child eight months old.

ANNA MARIA SMALL. I am nine years old in October. On the 19th of July my father left me in the shop with the baby; a man came in, and took my father's watch off the nail in the cupboard; I never saw him before, but I know the prisoner is the man, because I saw him when he took it - I had seen it in the cupboard before he came. When he came in he asked for a penny-worth of milk - I went to get it him, and when I had turned round to get it, I heard the watch-chain rattle; the cupboard had two glass doors, one of them was shut and the other put too; he could see the watch in the cupboard - any person outside could see it: when I returned with the milk he was walking from the cupboard up to the dresser, with one hand in his breeches pocket; I looked, and the watch was gone; I said, "You have got my father's watch;" I put the milk down on the dresser, and he said, "Don't make a noise - don't make a noise; I will give it you;" he laid hold of my shoulder, and throw me down; he then ran out, and I after him, calling "Stop thief! you have got my father's watch;" he was brought back to the shop in about ten minutes.

Q. Were you in any fear at this time? A. Yes; I was afraid that he was going to take the watch, but not of anything else; I did not see him take it off the nail, but it was in the cupboard before he came in; I saw Mrs. Wyatt in the shop directly I returned.

ELIZABETH NEWSOM . I live in Fox-court. I was at work opposite Mr. Small's house, and saw the prisoner go into Mr. Small's shop, about half-past three o'clock; I saw Anna Maria Small go into the passage for the milk; the prisoner then went towards the cupboard, and came away with his right hand in his pocket; the girl caught hold of him - he said something to her, and took his hand out of his pocket; I saw the watch in his hand, and I saw him lay it on the dresser, then lay hold of her sholder, and throw her down; he then ran away - she got up and ran after him, he was brought back in about three minutes.

JAMES KEEN . I live in Baldwin's-gardens. On the 19th of July, I saw the prisoner run from a house in Beauchamp-street; the girl was running after him - I took him into custody; he said he was not the person who had done it.

SARAH WYATT . I am the wife of Richard Wyatt and live in Small's house; I heard the cry of Stop thief! and ran down stairs into the shop - I saw nothing on the dresser when I first went in, but in about five minutes after the prisoner was brought back, somebody put their hand into the window and took out a handkerchief, I then observed the watch lying on the dresser; it had been under the handerchief - a person outside took it out and gave to me to take care of; I put it into my pocket and gave it to Mrs. Small as soon as she returned, which was about-ten minutes or a quarter to four o'clock: I saw it again at Hatton-garden; I do not know who gave it to me.

MATTHEW WELDHEN . I am a constable. On the 19th of July, between three and four o'clock, I pursued the prisoner into Brook's-market; Anna Maria Small was pursuing him - I brought him back to the house; he denied all knowledge of the watch: very soon after Mrs. Small put the watch into my hand - she is not here; it was a few minutes after four o'clock - I have had it ever since and produce it.(Property produced and sworn to.)

Prisoner's Defence. I left my master's shop at three o'clock in the afternoon to do a job in London-wall, and as I came throught the Hole-in-the-Wall passage, a man took me and said he thought I had stolen the watch, but I am entirely innocent.

GUILTY. Aged 23.

Of stealing only . - Transported for Seven Years .

Reference Number: t18280911-4

Before Mr. Justice Gazelee.

1562. ANN STERLING was indicted for feloniously breaking and entering the dwelling-house of Jane Dyckhoff , on the 18th of June , and stealing therein, 1 pair of trousers, value 10s., and 2 coats, value 50s. , the goods of Francis Holland .

JANE DYCKHOFF. I live in Cornwall-street , and rent the house; I am a widow . Francis Holland lodged in my back room; he belongs to the Custom-house - he left about the middle or latter end of June, leaving his clothes in my care; I put them all away one Monday - I put two of his waistcoats in the second drawer, his coats and trousers in the first drawer, and his linen in the third - I did not lock the drawers, but locked the room door and kept the key in my room, by the side of the fire-place; I missed none of them till he came home and went to clean himself - I then looked into his drawer and all his things were gone; he had come home to change himself on Sunday, but did not stop five minutes: I put his clothes to rights on Monday, and in four or five days he came home again; I gave him the key and told him he had been robbed - as I had gone up to his room on the Wednesday or Thursday, to hang some clothes to dry, I found his door locked; I opened the drawer to put some things away and missed a pair of trousers, two waistcoats, one close coat and one top coat; I came down stairs and said I had been robbed - the prisoner had lodged in my front room for a month and had left me just a week when I discovered the loss; she was in the place when I put the clothes away - I saw her in custody about four days afterwards - we found all the things in pawn; I found the door locked as I had left it, and the key in its place - I had never missed the key.

WILLIAM ANDERTON . I am a pawnbroker, and live in the Commercial-road. On the 27th of June, the prisoner pawned a coat with me for 1l. 1s. in the name of Ann Biggs; I do not think I ever saw her before, but have no doubt of her being the woman. I asked her whose it was, she said it belonged to her husband; it is worth 30s. and has been in my possession ever since.

SEARLE WHITLOW . I am shopman to Mr. Anderton. On the 18th of June the prisoner pawned a pair of trousers

for 7s. in the name of Ann Biggs - I know her to be the person; on the 25th of June she pawned the coat for 1l. in the same name; I do not recollect that I asked her whose they were; I have had possession of them ever since - she has been a constant customer at our shop, and described herself as living in Samuel-street, which is about five minutes walk from the prosecutrix's.

FRANCIS HOLLAND . I lodged in Cornwall-street. I left home on the 19th or 20th of June, and came home on the Thursday following - went away again and stopped for a week - when I came home I heard I was robbed; I know all these clothes to be mine - I found them in pawn; I was not at home on the 27th of June.

JANE DYCKHOFF . I know these clothes to be what I put away - this coat laid at the top of the rest.

The prisoner put in a written defence, pleading distress, stating that she had neither pawned nor stolen the things, although she unfortunately knew something of the person who had, and that she had been deserted by her husband.

JANE DYCKHOFF . She lived with me about two months; she said her her husband was coming on the Saturday night, but he never came; she has a husband who allows her 8s. a week.

GUILTY. Aged 27.

Of stealing only . - Transported for Seven Years .

Reference Number: t18280911-5

Before Mr. Justice Littledale.

1563. SARAH ROBINS was indicted for feloniously assaulting Nicholas Mableson on the King's highway, on the 6th of August , putting him in fear, and taking from his person and against his will, 1 coat, value 12s.; 15 sovereigns; 1 promissory note for payment of and value 10l.; 1 promissory note for payment of and value 5l., and 2 promissory note for payment of and value 1l. each , the property of the said Nicholas Mableson.

NICHOLAS MABLESON. I live at Boston, in Lincolnshire. I was in London on the 6th of August; I met a woman on the evening of the 6th or 7th of August - the prisoner was not the woman who I met in the street; she overtook me - I followed her to a house in a court; I do not know the name of it - it was not far from Spitalfields-church - we went to a public-house, and then to a private house, where I saw the prisoner - we were in a room on the ground floor - the other woman brought a light: I gave her half a crown, then pulled off my coat and laid it on a chair at the foot of the bed - my money was in a canvas purse in my side coat pocket: the prisoner then pushed the door open, flew at me, and struck me in the face; nobody came into the room but her - she then flew at my coat; I said, "You bad villain, what are you going after" - they both got hold of the coat together - I said"You bad husseys, you are going to rob me" - I caught hold of the coat, we all pulled, and they pulled me into the passage: the prisoner had got hold of it first; there were several others in the passage, I received a blow on my right side, and somebody said, "The rascal, murder him!" I thought it was a man who struck me, but I could not see. I had hold of the coat when I received the blow, but I could then hold it no longer - I had almost got out of the passage when I received the blow - I went home without the coat, and saw no more of it till about ten o'clock, when I went there with a watchman - we found the prisoner and took her; both the women had hold of the coat when I let go of it; there was a 10l. and a 5l. Boston Bank note in the pocket, also two 1l. Lincoln notes and fifteen sovereigns; they were all in a purse; I had seen it all safe half or three quarters of an hour before, and am sure they were safe when I went into the house; I went to the place with a watchman about ten o'clock and took the prisoner.

Q. When they took your coat, what became of them? A. They all went away with it and a man came into the room and said "What do you do here?" when I went there at ten o'clock, that room was locked; we went into the other room - as soon as the watchman opened the door I saw the prisoner, and said, "You are the woman who helped to rob me" - she said "Me! that I did not" "Oh! you bad hussey, (said I) I know you well enough, you helped to rob me;" she was taken to the watch-house - I am certain it was her; I was perfectly sober, and had drunk nothing but a 6d. glass of wine and water, and about half a glass of gin with the woman who decoyed me in.

Prisoner. Q. Did you see me in the street? A. No, you helped to rob me in the room.

COURT. Q. How came your coat on the chair? A. I gave the woman half a crown and was going to stop there, but immediately I put the coat there, the prisoner broke the door open - they both got hold of the coat before me; I did not catch hold of it a moment after them - we all caught hold of it together as near as possible; I received several blows in the passage - I pulled till I received the blow in the passage; I received several blows, but cannot tell who gave me the blows: I held the coat till I received the last blow - the prisoner said "You rascal, we will murder you if you offer to resist" and she struck me the moment she came in.

THOMAS WESTON . I am a watchman. The prosecutor called to me as I was going my rounds on the 6th of August, about five minutes past ten o'clock, and complained of being robbed; I went with him to the prisoner's apartment - I found her in her own apartment, and several others with her; the house is in Christchurch parish: the prosecutor saw her and said she had helped to rob him - she strongly denied it; I took her to the watch-house - it was five minutes after ten o'clock when I got to her apartments; the prosecutor pointed out nobody but her - he was perfectly sober; I did not search her - I searched the room she was in, and the adjoining one, but found nothing.

JOSHUA FREDERICK CLEMENTS . I am a cnductor of the nightly watch of Christchurch - the prisoner was brought to the watch-house on the night of the 6th of August; the prosecutor accused her of the robbery - she strongly denied it, and said she was out nursing in Widegate-street, in the neighbourhood, nursing two children, and was not at home at the time of the robbery; I searched the house all over but found nothing.

Prisoner's Defence. I had been out nursing two children all day, I came home at half-past ten o'clock and was going to bed, when the watchman came and said I had robbed a man - I had not been in my room at all, and never saw the prosecutor before.

NOT GUILTY .

Reference Number: t18280911-6

1564. PETER FENN was indicted for that he, on the 24th of February , at St. George, Bloomsbury, had in his custody and possession, a certain bill of exchange, which is as follows: (i.e.)

£50. London, Feb. 21, 1828.

Four months after the date hereof pay to my order £50. for value received.

James Powell, Esq. Colchester. J. B. PHILLIPS.

On the same day, at the same parish, feloniously did falsely make, forge and counterfeit, on the said bill of exchange, an acceptance thereof, (which is as follows): -"Accepted, payable at Messrs. Hankey & Co.'s London, J. POWELL." with intent to defraud Thomas Pratt ; against the Statute .

SECOND COUNT, that he on the same day, at the same parish, had in his custody and possession a certain bill of exchange, which is as follows, (setting it out as before), upon which said bill of exchange was a false, forged and counterfeited acceptance thereof, which is as follows, (acceptance set out as above); on the same day, at the same parish, feloniously did utter and publish as true, the said false, forged and counterfeited acceptance, he well knowing the same to be false, forged and counterfeited, with intent to defraud the said Thomas Pratt: against the Statute, &c.

MESSRS. BRODRICK and BARRY conducted the prosecution.

THOMAS PRATT. I am an army agent , and live at No. 29, Parliament-street. I knew the prisoner Fenn for about fourteen months previous to his absconding - I have known him about a year and a half altogether; I became acquainted with him at Mrs. Cook's, in Holborn - I discounted this bill (looking at it,) for him in February; this is the bill - I discounted it for him at his house in Hyde-street, Bloomsbury ; I went there to receive some money which he owed me - I went in consequence of his sending for me; when he shewed me the bill he assured me that the acceptor was a highly respectable person residing at Colchester, and that he kept an account at Messrs. Hankey's; I advanced the money for him - I afterwards heard that he had absconded; I went to his house, as he had some money of mine in his possession - I could not find him; I afterwards saw him in Chancery-lane in custody, at a lock-up-house - that was about the middle of March, about a month after I had discounted the bill; I had an interview with him there, and he said something about the bill.

MR. ALLEY. Q. He was in custody then, had you not promised him favour provided he told you the truth? A. Certainly not; I did not depute Berwick Melton to apply to the prisoner to request he would give me information on the subject, and say, "I would not hurt a hair of his head" - on my solemn oath I did not; I do not know John Hanbury.

Q. Do you mean to say, that neither yourself, nor by means of any third person, you used any means to induce him to give you an account of the transaction? A. Never in my life; several persons were present at our interview at the lock-up-house.

MR. BARRY. Q. You spoke to him of this bill? A. Yes, and he declared to God Almighty that I had not got a bad bill - he also added, that if anything could give a man satisfaction in his present melancholy situation, it was my liberal conduct towards him during our acquaintance; he said no more at that time; I had another interview with him the next day but one at the same place, and spoke of the 50l. bill - I had made some enquiry after I first saw him, and told him I was fearful, from the result of the enquiries I had made, that he had deceived me with regard to those bills; without any reservation he said then, "I am sorry, but they are forgeries" - I left him then, and have never seen him since.

Cross-examined by MR. ALLEY. Q. Was any person present at this last interview? A. No - I saw him by himself; I knew he had been taken into custody at Calais.

Q. Did you know Berwick Melton had been sent to him? A. I knew nothing of Mr. Melton as an acquaintance - I have met him at Mr. Fenn's house.

Q. And without any reservation he said the bill was forged? A. On my oath he did - I did not shew him this bill at the time, but a memorandum.

Q. What he said was in a general way, you did not particularize this bill? A. Yes, I did particularize this bill; I had a memorandum of two bills - I have since destroyed it; the bill was in my possession then - I shewed him a slip of paper, on which I wrote the particulars of this bill, and another of 150l. - they were the largest bills I had; I went to him to tell him the result of my enquiries; I gave him the full amount for the bill, deducting the discount - I took no more than the regular discount, but cannot now say how much that was; I was not at Calais - Mr. Vincent went there; I conceived he had absconded, for he had obtained a bill of mine, and had money of mine - I think my conversation with him was before a docket was struck against him, but I never attended to the Commission at all; the bill purports to be accepted by a person living at Colchester - he was a stranger to me, and so was the drawer; I took it entirely on the prisoner's recommendation.

MR. BARRY. Q. You called at Mr. Fenn's house, where you had discounted the bill, and found him from home? A. I did - I went there for money which he had of mine; he has never pair it to me - I have never received it.

GEORGE VINCENT . I am an attorney. In consequence of information and instructions which I received, I went to France after Fenn in March last; I went to Paris, and found he had left; in consequence of what I heard I went to Calais, and found him there; I think it was at the London hotel - it was at a house: I had known him from the 2d of January this year, but am not certain to a few days.

Q. When you saw him, what passed between you? A. He appeared like a frantic man - he stated that he was ruined, and stated who had ruined him: I held out no inducement or promise of favour to him; he did not require it: I made a memorandum of what passed between us on the evening of the same day - here it is.

Q. Look at that, and tell us what he said? A. His first words were "I will go quietly to Newgate, only don't put me in irons - I will plead guilty; I shall then have about six weeks after I am condemned: I will be

seen by no one; I will do as Fauntleroy did, and it will he all over in a minute; I was coming to England to deliver myself up to Justice." I desired him to compose himself, and produced some bills to him.

Q. He mentioned somebody had been his ruin, and appeared frantic - was that the first he said? A. The first he said was "Melton is my ruin; he has gained by me 7,000l. within the last two years," and when he got more reconciled he named some other persons, and he said I must not leave him, or he should cut his throat; I staid with him, and afterwards brought him to England.

Q. Was there any officer with you, or did he come quietly with you? A. He came quietly with me for he was travelling under a false name, and the commissioner gave me his passport; I have seen him write during my acquaintance with him, and know his hand-writing -(looking at the bill) I believe this, purporting to be the acceptance of J. Powell, to be the prisoner's handwriting.

Cross-examined. Q. When you saw him he told you he was coming home? A. Yes - one Cook was with me; did not hold out inducements of any sort to the prisoner - I never told him if he would make up the amount of money deficient I would protect him; I believe John Hanbury is the person who was in company with him - I did not hold out anything in the shape of inducement to him; Hanbury was not there a minute, for he was getting on the packet. I am attorney for this prosecution; I was at the Fleet prison when the prisoner was examined before Mr. Alderman Brown.

Q. Did you next day send an account to the newspapers, which was afterwards published? A. I did not at any time; I was employed by Davies and Northover, to suppress their names, which I did.

Q. Did you not give an account to the newspaper, which was afterwards published? A. I did not.

Q. Did you authenticate anything that was written? A. Yes, I said I believed it was true; I was called on, and asked, and I said so; I do not know who called on me.

Q. Was it not some of the people belonging to the newspaper office? A. I believe it was.

Q. They called on you with an account of the transaction, for you to authenticate before it was published? A. I cannot say whether it was before or after. I know my own hand-writing; I believe I struck out some words - I do not know whether it was afterwards published - I never saw it in the newspaper, nor was it read to me.

Q. Look at this (producing a manuscript) - "I know the above to be true in substance and effect, J. Vincent, solicitor, Clifford's Inn?" A. That is what I was called on to do; I struck out some offensive words.

Q. This is an account of the transaction, not of an examination? A. I was called on to do it.

MR. BRODRICK. Q. You say there was some person with the prisoner when you first saw him at Calais - where did you first see him? A. They were together; they had got their boxes, and were going on board the packet for England; I stopped with Mr. Fenn - the other person went on with the packet: Fenn was very anxious to go on with the packet, but I would not let him, as I had been out six nights and days; the conversation between us was after that person had gone. The examination was taken before Mr. Alderman Brown, when Fenn was in prison for debt; I cannot say whether it was before or after that examination that I was applied to, to authenticate the statement.

Cross-examined by MR. ADOLPHUS. Q. Whose handwriting is that paper? A. I believe it is my brother's writing - he is my clerk; Davies and Northover desired me to supress their names, and it was to keep the newspapers from putting in worse, that that was communicated; I did not instruct my brother to write that paper - I do not know but what I might instruct him to copy the rough draft that was sent to me - it was sent by a reporter; I authenticated it, when I found more than twenty forged bills in person's hands.

MR. BRODRICK. Q. Was there a rough draft of a paper sent to you? A. There was - it was not written by my direction; I had nothing to do with it - I authenticated it certainly.

Q. Did the statement contain some of the matter that was in the original? A. Yes; the original heading was in that way, only it contained allusions to other persons, which I struck out, and I did so in another instance, I think in the Sunday Times - I know I called on them, and struck it out while it was in the press; they did not publish that account, but there were several accounts. The paper which has been shewn to me contains the same matter as was in the original draft. I thought I was doing a service to the persons by what I did.

Q. Were you also attorney for a Mrs. Cook? A. I was - I knew nothing about the prisoner, and therefore could not know him as Peter Fall - I knew him by no other name than Peter Fenn.

WILLIAM DAVISON . I was in the prisoner's service till March this year, as usher, and had been so for two years and a quarter. (Looking at the bill) the body of this bill is in my hand-writing, also the words "Accepted payable at Messrs. Hankey's," but the signatures, and the "24th of June" are not my hand-writing.

Q. How came you to write that bill? A. From a copy given to me by Mr. Fenn, in the school-room - I cannot say whether he gave it to me himself, or sent it to me by one of the boys; I either sent or gave it to him afterwards.

Cross-examined by MR. ADOLPHUS. Q. Was any purpose stated for which you were to do this? A. No - I was not desired to make any secret of it.

MR. BRODRICK. Q. Is "James Powell, Colchester," in the corner, your writing? A. Yes, it is.

JOHN JAMES . I assist in the post-office at Colchester, and have done so twenty-seven years; I know no James Powell in Colchester, or the neighbourhood; I never knew such a person residing there.

Cross-examined by MR. ALLEY. Q. Colchester is a very large place? A. Yes. All the letters pass through my hands; I can swear there has been no such person residing at Colchester that had any correspondence.

JOHN FENTON . I am an officer to the Sheriff of Essex, I live at Colchester and have done so fourteen or fifteen years - I have not at any time known any James Powell living there.

JOHN ENFIELD. I am a clerk to Messrs. Mills and Company, of the Colchester Bank, and have been there since January, 1827. I do not know any James Powell there - Messrs. Hankey are our correspondents.

Cross-examined. Q. Your principal acqaintance is with persons who keep cash at your house? A. Yes.

HENRY THOMAS . I am a clerk to Messrs. Hankey, and have been so four years. We have no customer named James Powell.

The bill was here read, (see indictment.)

Prisoner's Defence (Written.) My Lord and Gentlemen of the Jury, - I am now called upon to defend myself against charges which place me in the most awful condition of responsibility that can oppress the mind, and alarm the heart. When I contemplate myself in this awful instant of my life, standing as a criminal accused of that violation of the laws of my country, which makes the forfeiture of existence, the punishment of guilt. When I look back upon the station in society, which but a short time ago, I filled with respectability of character, and usefulness of exertion - when the rapid current of conflicting thoughts, bring to my reflection, the sad reverse of all my better hopes, and happier prospects: I feel conscious, that under a mental pressure of disquiet and apprehension, so overwhelming, the difficulty of securing sufficient composure, and self-possession for a methodical and deliberate arrangement of all the circumstances of the case, which the task of defence comprehends, must be extreme; more especially, when to an individual in the unhappy condition in which I now stand before you, the better skilled and more advantageous aid of counsel is by law disallowed. If I may hope for firmness to encounter this difficulty, I look for it not in the presumption of self justification, but in the motives which originated the very transactions that have inculpated me, and brought me to this fearful issue of their results. Yes, my Lord and Gentlemen of the Jury, from these motives, best known to myself and to my God, I seek now for that stability of mind which will enable me to render my defence in your estimation, so far available of its object as to induce you to pity, not to condemn. To shew how these motives have been connected with these transactions, I must entreat your patient hearing, while I enter into a detail of the occasions and causes from which they have arisen, and which, when compared with the evidence of my prosecutors, and the motives which have induced them to bring me to trial, will, I hope and trust, evince in my behalf a disposition more prompt to make the exigency in which I found myself involved, subservient to the restrictions of justice and truth, rather than subversive of either. I would begin these details by truly asserting that these prosecutions have come most unexpectedly upon me, in as much as those who have preferred them first detained me by civil action, although they had been long in possession of all the evidence of the nature of the transactions upon which they found their indictment; and therefore may it not be rightly concluded, that if their object had been to promote the ends of justice only, and if they had been fully convinced that those transactions would have borne out such a proceedure, they would long before have made them the subject of judicial enquiry, instead of seeking to profit themselves by a compromise, which they repeatedly proposed, but which, in the ruined state of my affairs, it was impossible for me to find the means of carrying into effect; and even had I possested those means, acquiescence on my part would have been an act of the grossest injustice to my other creditors, and moreover, with a strong conviction of my own motives, I then felt impressed with a consciousness that had they recourse to such a proceedure, there did not exist grounds to sustain an indictment. Had that consciousness been of a contrary nature, and had it reproached me with criminal intentions, it cannot for a moment be doubted, but that I should most gladly have seized upon the facility which they offered me of rescuing myself at all events from so perilous a situation, and out of the wreck of my property I might perhaps have gathered sufficient resources to have enabled me to meet their offer, and join with them in defrauding the rest of my creditors; but I did not apprehend such peril, because I felt that I had not incurred it; and I also felt that, as a bankrupt, whatever could be realized from the wreck of my property was not my own but the property of all my creditors. Subsequently to the offer of this compromise, I went through the ordeal of a commission of bankruptcy, and mark, that the act of bankruptcy was proved by Mr. Vincent, the attorney for the prosecution, although I had previously told him, when in Calais, that I wished to return with all speed to London to prevent this. In the progress of that commission I met with no opposition; my last examination was passed, and in a few days I should have been at liberty to make the most streanous exertions in my power to do as much justice as I could to all my creditors. But, although not opposed, it appears that I was very closely watched by my prosecutors; and on the eve of my liberation from prison as a debtor, they withdrew their civil detainers, and I was, without any intimation or expectation of such a measure, transferred to another prison under more awful circumstances. Here allow me to make use of an intermediate remark; had I accepted the offer of a compromise, and been able or willing to have given an unjust preference to my prosecutors, their present mode of proceeding would never have been adopted. It will be proved by evidence, that had I been in circumstances to have given 1000l. to my prosecutors, I could have possessed myself of all those documents which have made the grounds of this prosecution. Here then, my Lord, and Gentlemen of the Jury, suffer me to direct your candid judgment towards the intrinsic quality of that justice, which they assume as the disinterested principle which has induced them to place me in my present calamitous situation. It will be further proved, that promises of all kinds, entreaties of all kinds, threats of all kinds, have been by them, made use of to bring me to the compromise which I have mentioned, from an unfounded supposition, that I was in possession of a sum of money equal to their expectations. My share, however, of the proceeds of these ruinous transactions was too small, and the share of my prosecutors too large, as the collective amount of the business of several yearsmay seem to enable me to retain any such adequate sam in my hands as might have enabled me to satisfy these my prosecutors; and

this they ought to have known; for, although they discounted bills, through my agency, to the amount of at least 12,000l. a year, they always took care to make me pay 20 and sometimes 30 per cent. No one can more deeply lament than I do, the fatal infatuation which induced me to join others, and amongst these my prosecutors themselves, and their attorney, in this unjustifiable species of pecuniary traffic by bills of no relative value: but the facility which the gain of usurious interest offers to the negotiators of such paper, however worthless, or however introduced, provided they bear one supposed responsible name, will account for the temptation, although it will not justify the practice. In an evil hour I yielded to the temptation. For a period of several years my prosecutors participated largely in the benefits of these transactions, not confining themselves to their own means, but very frequently obtaining my acceptances for theirs to facilitate and increase their means of discounting largely; and yet these are the persons who now appear to prosecute me, endeavouring to wrest these transactions into such a shape, as may enable them to subject me to the infliction of the last and fatal sentence of the law. As to the very serious charge of forgery, with which I stand accused, my prosecutors well know, and they declared it before Alderman Brown, the Magistrate who committed me, that my name alone was at all times sufficient for them to negotiate any bills which I might offer, when they wanted to raise money for other discounts; and, indeed, they oftener came to my house to solicit bills from me than I to theirs. There could not therfore exist any necessity for my using the names of others so illegally and so unwarrantably, for the fraudulent accomplishment of my views. If it be asked why I have not brought forward the persons whose names are connected with these bills, I have to observe, that as they have been parties with me in the usurious application of them, they have (as it is natural to conclude) withdrawn themselves from my reach to avoid my controul. It has been represented in the exparte statements of the Journals of the day, that I absconded from England, and that Vincent, the attorney for the prosecution, with Mr. Cook. one of my prosecutors, had gone in search of me. But where did these gentlemen find me? Why, at Calais, on my return to England, just about to step into the steam-boat, after having finished the business on which I went to France, and which was totally unconnected with my pecuniary affairs. I had learnt in the interim, that the state of my affairs required my return; and when those gentlemen met me, they examined my portmanteau, under the impression that I had a large sum of money with me; but they found nothing but a few articles of jewellery, from which Vincent took a diamond ring, which he put on his finger, and said he would keep for the trouble he had been at; and Mr. Cooke took the rest, together with Bank-notes to the amount of 45l. which they never would have returned, had I not informed Mr. Wigley, the attorney for my commission, of the circumstance. Far be it from me to throw out any reflections upon the character of Vincent or my prosecutors, which the appalling necessity of my present situation cannot deduce from the facts of my case; I am quite aware of the doubtful reserve of assent with which such reflections are usually heard, when proceeding from the lips of one similarly conditioned to myself; but, if it may be admitted that the solemn consideration of that condition may so far influence my heart, as to make it circumspect in every assertion and representation of fact, then I would fam hope, that what I have stated and may continue to assert, is not the language of sophisticated contrivance, but a plain description of real occurrences. On the faith of this declaration, I would entrent you to decide between the conduct of my prosecutor and my own; I was returning to make the best I could of my embarrassed circumstances - they met me, not providing any cautionary means for the concealment of my return, but openly going on board a vessel amidst the rest of the passengers; when, instead of constraining me by arrest for debt, or upon a warrant for any criminal charge, they proposed to me to give them what money I had, adding that they had a plan for my escape: but, my Lord and Gentlemen of the Jury, from what had I to escape? my conscience did not echo at this word, nor did it suggest its meaning in any sense which might he appropriate to the position of my circumstances, for surely had escape been my object, I had far better opportunities of completing it before my prosecutors met me, than any which they could have devised; and least of all, should I, with so much fatnity of plan, have frustrated such an object, by returning to the very country from which that escape would have been indispensible. From such a proposal on their part, what can be deduced, but the evident conclusion that they would have opened every channel for my evading the claims of my other creditors, had I been able to accede to their demands, by purchasing that chance on their own terms; and neither law nor equity would have been matters of consideration to them, if justice to these creditors could have been sacrificed to their joint proposition; and yet with this plain fact against them, they take credit to themselves for having (as they call it) overtaken and secured the man whose escape they would have sanctioned. Forcibly impressed with a just sense of their conduct, which I had rather leave to your feelings, Gentlemen of the Jury, to characterize, than take upon myself to pourtray: my resolution was instantly formed - I had only to persist in what I had previously determined upon. I returned with them, instead of returning by myself; and to shew that such return was an act of my own voluntary occurrence, when we arrived in London, I went to a coffee-house to sleep, while they returned to their own homes. My Lord, and Gentlemen of the Jury, I do earnestly implore you to put all these events together, and allow me, as it is customary in all circumstances which bear relation to the conduct of every prisoner who comes before you, that portion of considerate admission which gives to such conduct the aspect of unconscious criminality: if such unconsciousness of crime, had not, in all its calmness, had possession of my breast, and if I had contemplated escape as the only alternative to save my life, I might have avoided returning to London; and when actually returned, I might have taken advantage of the opportunity given me, of sleeping at the coffee-house, in that degree of freedom which left me to my own disposal. Had I availed myself of any one of the facilities of escape, which the proposal of my prosecutors placed in my power, I had not now been before your Lordship, and you, Gentlemen of the Jury, waiting in anxious tribulation of heart and mind your decision upon the facts which I have stated, so far as you may deem them correlative with that justice of which you are the authorised dispensers. But, Gentlemen of the Jury, I do most fervently beseech you to detach your judgment from all possibility of influence, arising from every assertion that has been brought into action against me, previous to this solemn period of my appearing at the bar. One such assertion I would anxiously rebut, and the more so, because I can most unevasively deny it before that Omniscient Being whose name I still reverence, and who knoweth the very imagination of the thoughts. Mr. Pratt, one of the prosecutors, has declared that I have admitted to him the bills were forgeries. Let me ask you, Gentlemen of the Jury, to what purpose could I have made this admission? even supposing it were true, could the faculties of my mind have been so astounded by mere alarm as to have betrayed me into it, surely that alarm, if guilt produced it, would have led me to take quite a different course, for that alarm must have been for my life; and who is there that under any alarm of this kind would not seek to preserve life, and to extricate it from peril? Could I, on the other hand, have made the admission when under no compulsion so to do, when my conscience would have upheld me in an unqualified assertion of my innocence of the charges brought against me. It is true that it sometimes happens to a timid mind tacitly to admit an accusation which it knows to be false, under the conviction that no proof of it can possibly be adduced; but, Gentlemen of the Jury, neither fatuity of mind arising from consciousness of crime, nor timidity acted upon by a principle of expediency, held any ruling influence over me of which Mr. Pratt could take the advantage, so as to substantiate the constructions he has put upon my words, for in fact I made no such admissions; I deny it utterly, and on the truth of that denial I stake the salvation of my soul. I did indeed so far yield to his promises on the one hand, and his threats on the other, as to admit that the bills were bad - bad in a commercial sense, in which sense the word is always understood; and in this sense alone I used the expression, meaning that as I myself was unable to honour them, I did not expect they would be paid by the other parties. It is clear that when Mr. Pratt took those bills from me, and gave me other bills in exchange, not money, as he had sworn, besides taking 15 per cent. for his accommodation, he was satisfied with my responsibility; and at the time he asked me for bills, I most unequivocally declare that I felt that responsibility to be commensurate with Mr. Pratt's - I say his responsibility; for Mr. Pratt forgot that when he swore he gave me money for the bills, he gave me other acceptances, not cash altogether. Mr. Cooke also, though he swore before Alderman Brown that he had discounted the bills with his mother's money, no doubt forgot at the time they were done by him with part of his own acceptance, other bills and part cash. Thus far, my Lord and Gentlemen of the Jury, I have confined myself to the principal transactions by which I am inculpated, and to the motives which have remotely or more immediately led to them. Perhaps in such a case of so deep an importance to myself, as a matter of life and death, and also so important to society and to yourselves as to the urgency of one essential point that such a decision may become too consistent with the justice due to society, of which my prosecutors would now appear the advocates, and to the sacred suggestions of your unbiassed consciences; perhaps, I say, under such a complication of the most active anxieties that regulate the exertions of man, both in defence and accusation, it may not be deemed irrelavent or inexpedient that I should sepresent to you, for your advangeous consideration, the conduct of the attorney for the prosecution Mr. Vincent, who first proved the act of bankruptcy against me, next offered to me the terms of compromise, both personally and by messengers, then suggested to me the conditional plan for my escape, and lastly, as you now see, has devised, in co-operation with my prosecutors, another plan to take away that life which I would not purchase at the dishonourable price of sacrificing my other creditors to the cupidity of himself and his clients. Since my arrival in England I have been assailed by the most insidious and contumelious instrumentality to which a malignant and inhuman spirit could give action. I do most contritely confess that like other men I have offended both inad vertently and wilfully against my better judgment; but I do protest against the means and motives which ich e been applied by my enemies to distort and multiply my offences from among those enemies; and in elucidation of those means and motives I feel compelled, in justice to myself, to select by name and profession Mr. Vincent, the attorney for the prosecution. I have good reason to expect, if the witnesses which I shall bring forward will compute, by the standard of Christian rectitude, the immeasurable distance which divides personal consideration from the power and opportunity of testifying, in behalf of an individual whose existence is weighed in the balance of life and death, that I shall be enabled to trace to that Mr. Vincent a most unfounded and acrimonious article in some of the morning papers of the 2d of April, the major part of which he himself personally knew to be false, and that at an instant of time, when he was, by professional and personal assurance pledged, in word and honour, to do all he could to assist and serve me. Whether or not my prosecutors were privy to this enormity of cruel, and in my present circumstances sanguinary anticipation of the success of their projects against me. I have not the means to prove, although I have too much reason to suspect their co-operation. To you, my Lord and Gentlemen of the Jury, such conduct as I think I shall prove against the attorney for the prosecution, must appear abhorrent and abominable; and so far I feel I am justified in bringing this circumstance before the cognizance of this Court, and in justification of the epithets which I have used of "cruel and sanguinary." I can incontestibly prove that, failing in his object of compromise, he expressed himself in the following deadly terms - "I will have his life; and like a wasp, will sting him to death." Why this acrimony on the part of Vincent, the answer is obvious; he dreads my being restored to society, lest I should bring in light deeds which, as an attorney, must strike him from the Rolls; such as deeds of usury in the discountof bills, and taking post-dated cheques for a week, and giving his own, at the enormous charge of five per cent per week, with the addition of a dozen of wine as a present. I have deprecated that possible construction of the tenor of my defence, so far as it may be exposed to the charge of denunciatory accusation of my prosecutors and their attorney; but I think I may refer the justice of my observations to that test of their motives and measures which the more equitable and humble feelings of yourselves, Gentlemen of the Jury, will naturally, and I hope simultaneously adopt: and now, Gentlemen of the Jury - for to you I address myself more particularly - in the appeal I have to make to your convictions, your feelings, and your decision. Hitherto I have presumed to make my address to his Lordship conjointly with yourselves, and I have done so on this ground, because as the Judge, by whose direction the useful or fruitless endeavour of my defence will be pointed out to you, I have addressed myself to him in the earnest anxiety of mind, that whatever his adjudication of my case may be, he may perceive that I have so modelled that address that he may be in possession of my own knowledge of the facts, and of that construction of them, which is, whether arising out of my motives or actions, or may be in correspondence with his impartial view of both, and in adoption to that privilege of every man before a court of British judicature, who cannot be regarded as guilty until your verdict has pronounced him to be so. In that tremulous state of suspense which every man labouring under so solemn an accusation as that against which I at this important moment have had to contend; I leave my fate in your hands, with a well-grounded confidence, that whatever may be your decision, no advantage will be withheld from me which my view in this defence may have made out in my favour, nor any disadvantage adopted by you which may deteriorate my cause, or set aside those hopes of a favourable verdict, which my conscientious convictions of better motives than what my prosecutors have ascribed to me may have justified me in forming. Gentlemen of the Jury, allow me to place myself before you, exactly as I feel in my heart and soul that I ought to appear to you. I am accused of a very heinous crime, that of forgery; I protest against this accusation by the most solemn asseverations of my innocence. I have opened to you the whole tenor of my transactions out of which this accusation has originated; I have asserted, and my assertion will be proved, that my prosecutors, if they were in possession of that evidence which would substautiate the accusation, have offered and endeavoured by various acts of their own to induce me to accept a compromise of the illegality of the act on which they have grounded this accusation; I have developed the means and instrumentality which they have used to urge my acquiescence in their offer. I have placed before you the opportunities and facilities which they offered me of escaping from the consequences which they, in their anxiety to obtain my acquiescence, urged upon my consideration, and pressed upon my self reference; I have laid before you the reasons for my refusing that acquiescence, and I have, I hope, made it appear that it was not consciousness of guilt, but of duty, which has operated upon me throughout all my resistance to their promises, entreaties, and threats; and I have manifested a desire to act with impartiality to those of my creditors to whom such an acquiescence in the views of my prosecutors would have been unjust, disgraceful, and dishonest, in the worst sense of these terms. Bu Gentlemen, if I were to enlarge the sphere of my appeal to your favourable construction of my defence beyond this part of its extent, I should plead to my personal susceptibilities, and implore their intervention in my behalf, while I relate to you that the widow of the late Mr. Lewis, who was an assistant of mine for above twelve years, and who was to have succeeded me in my school, and her three orphan children, for whom I stood godfather, and whom I promised the father on his dying bed to support, that their daily subsistence, and, I may add, their very existence in society depends on my exertions and opportunities of supply for their wants, were they present here, and could be aware of the consequences of your verdict, their little hearts would burst out with the exclamation "Be merciful to our only friend and protector, and restore him to us," but, Gentlemen, it is not my object to overpower my feelings, or to interest yours beyond the influence of your judgment; but, if upon your having maturally weighed the nature of the evidence against me, and the character of the witnesses who have given that evidence; if, upon comparing the meditation of the crime of which I am charged, and the total inadequate proofs to bring it home to me; if, upon considering the incongruity between the motives of my accusers, and those which could be supposed to actuate me to the perpetration of the deed which forms the ground of accusation; if you should haply think that, upon any computation of injury suffered by the parties who bring forward their accusation, their loss has not been equal to that gain which they have so long derived from their participation in their transactions which are alleged in accusation against me; and, finally, if you perceive from the nature of that proof by which they have sought to substantiate their charge of forgery against me, the premises are incongruent with those proofs, or those proofs not sufficient to substantiate those premises; then, Gentlemen of the Jury, I would infer, with that measure of hope, which I may justly be supposed to calculate upon, in accordance with the honourable impartiality and humane consideration of a British jury, that you will at once, by your verdict, relieve me from the awful responsibility under which my spirit now struggles and groans in afflictive foreboding, but not in guilty anticipation of your decision. Hitherto, Gentlemen of the Jury, I have said but little in extenuation of that criminal perpetration with which I am presumptuously charged, destructive as all degrees of this crime of forgery must be to the interests of society in a commercial country like ours, still, even if it had been proved to have been committed by me in this instance, I am prepared to prove, that so far as my prosecutors are concerned, they, and they only have been injured, and the injury which they have suffered has been nothing in proportion to their participation in these usurious gains which they have been for several years securing to themselves; if I had committed the turpitude which they have sought to fasten upon me, and to which they would make my life the sacrifice, to them only is that injury confined, and from the sense which they themselves have shown they had of that injury, I would infer that they cannot have been materially, if at all, affected in their property and pecuniary interests, when, as in fact, they would have compromised that loss by offering to take one-fourth of its amount, not scrupuling to comprehend in that compromise a certainand assured plan for my escape from all penalties attached to the deed, which they then did not designate as forgery, but which their disappointment of my acquiescence has led them after, beginning by a civil action, subsequently to form into the shape of a felonious act. I would hope that I need not further urge these circumstances upon your consideration, judicial and humane. There does, however, remain to me one painful urgency upon my personal anxiety to interest your sympathy, which I would not, which I cannot, suppress. You see before you, Gentlemen of the Jury, the eleemosynary guardian and protector of three helpless orphans, without any seasonable succour they must long ago have been left to the perils, and corruptions of a world of vicissitude and temptation. I have hitherto shielded them, so far as mortal intervention could effect it, from the privations of one, and the viscious infections of the other; and, at this very moment, I feel it my duty more than ever to use all my endeavours to provide for them, when their mother has been stripped of all the little furniture which her husband left her at his death, it having been sold by public auction for the benefit of my creditors. If my life continue not, they will in vain seek for succour from any other source, and my fate determines irremediably theirs. I know, Gentlemen of the Jury, that this is no plea against the decision of your impartial view of my case; but I do also know, that if it be within the range of that impartiality to save my life from the attack now made upon it, you especially that have children, will feel an additional gratification to that of doing your duty, in the consciousness that you have saved the lives of three human beings from the worst of evils, in giving to their earthly protector, the renewal of his opportunities of continuing that protection. I hope I may so far rely on your justice, beseeching you to endeavour to divest your minds of any prejudice which you may have entertained from reading the statements in newspapers. I am aware that such an endeavour is almost beyond the power of man fully to accomplish; still, I do entreat you will make the attempt, and I am persuaded you will do so, remembering that those statements were made by Vincent, the attorney for the prosecution, in conjunction, no doubt, with the prosecutors, for the better accomplishing his cruel designs, and thereby prevent that justice being done to me which a plain statement of facts, unprejudiced by false and exparte statements, must have produced, in ensuring me your favourable verdict. But, Gentlemen of the Jury, I forbear further to urge your humane feelings in contradistinction to or even in concurrence with, your justice. I hope I may say that I rely implicitly upon the latter, beseeching you to endeavour to divest your minds with emotions beyond the power of description, in all their force. I do unfeignedly implore the Father of Mercies, and the God of all consolation, before whom we must all one day appear, to give an account of our use or abuse of his mercies dispensed to each of us, to direct your judgment, and to conform your wills to the following of his own divine example, in judging, not according to appearance, but in righteous judgment, and that judgment tempered with mercy."Be ye merciful, even as your Father which is in Heaven is also merciful."

The manuscript of an article form the Times newspaper, of the 2d of April, which had been produced to the witness Vincent, was here read.

Case of Clerical Delinquency - Further Particulars.

In consequence of certain rumours, we have made inquiry into the conduct of this person, and in the whole annals of guilt, we scarcely find one equal in atrocity. It appears that about thirty years since this man was ordained in holy orders, under the name of Fall, but why, or wherefore, he subsequently changed his name to that he now bears, remains at present a mystery- under the assumed name of Fenn, he was employed as a teacher in Kirkman's academy, at Islington, and about ten years since purchased, on his own account, an academy in Bloomsbury, in which he succeeded beyond his most sanguine expectations. Unfortunately for him, and, we may say with truth, for the greatest body of his creditors, Mr. Fenn was not satisfied with the profits derived from his school; he started also as a bill-broker, or rather discounter of bills, taking to himself (as others of that notorious class do) an exorbitant rate of interest- he thus made many bad debts, and was himself ultimately induced to resort to other usurers, who, like himself, though more wary, were not wanting in the rate to be charged to a brother miscreant. Spurred on by this connexion, he was led to commit the crime of forgery, and not only committed various forgeries himself, but he also made one of his tutors draw and accept bills in fictitious names - he also had the unmanly hardihood to involve his pupils in his guilt, for he has also, in a like manner, made them draw, accept, and indorse fictitious bills, and has circulated that kind of rubbish (among tradesmen only) to an enormous amount; and in order to give a greater facility to his criminal traffic, an account was opened at Messrs. Ransom's bank; this circumstance gave a degree of credit to his movements, and by an insinnating address, pretended friendship, and plausibility of manner, ingratiated himself with various tradesmen; he would in some instances pretend that he possessed a a bill for a large amount, such as 2000l. on this nobleman or the other, and that he was himself to receive 200l. or 300l. from the pretended nobleman, for the accommodation, and consequently could afford to give the unsuspecting tradesman 50l. for the loan of 500l.; the tradesman confiding in the sanctified clergyman has in many instances been thus duped to the tune of 2000l. or 3000l. Again the clergyman would produce one of his concocted bills, and say "If you discount me this 200l. at 5 per cent. I will take 50l. worth of goods, and you shall draw a bill on me for the amount of the goods;" so that this fellow has in many instances obtained 250l. for one of his forged bills of 200l. It appears that the circumstances which led to his immediate detection, was his absenting himself from his home, together with several of his cheques (which he had post-dated) becoming due, which were returned, as a matter of course, by his banker, for want of funds; under these circumstances a meeting was convened, and an intercepted letter coming to hand, disclosed the whole system, and that the Rev. gentleman had emigrated to Paris, under the assumed named of George Lewis. It may be imagined that he had associates in his guilt, and cosequently those associates leave no stone unturned to prevent inquiry. We say, if certain parties (whom we can name) are not equally culpable, how is it that an immediate inquiry has not been instituted? public justice demands inquiry. It is a curious fact, that with all the Rev. gentleman's frauds, it does not appear that he has lodged any of his concocted paper with his immediate associates, namely, the bill-brokers. The following are a few of the persons who hold the Rev. gentleman's forgeries:-Messrs. Davies, of Giltspur-street, Auctioneers; Mr. E. Jones, Whitefriars'-wharf, coal-merchant; Messrs. Toswell's, Garlickhill; Messrs. Cookson, Strand; Mr. King, Bolton-street, Piccadilly; Messrs. Hansler and Mc. Kensie, Round-court, Strand, wine-merchants; Messrs. Davidson, Oxford-street; Mr. Pratt, Parliament-street; Mr. Marshall, Great Ormond-street: Mr. Wigley, Essex-street, solicitor." - I know the above to be true in substance and effect. G. VINCENT, Solicitor, Clifford's Inn.(The authentication did not appear in the newspapers.)

JOHN HANBURY. I am a printer. I was at Calais this year; I saw Mr. Vincent the attorney and Mr. Cook there about the 24th or 25th of March: the prisoner had then been there one day and one night, and was returning to England with me. I came from Paris with him; I came home by myself, leaving them at Calais, and saw them in London the next day, the 26th.

Q. Now did Vincent, or Cook in his presence hold out any inducement to the prisoner to confess himself guilty of the crime, or to make disclosures? A. They did, both of them, Vincent in particular. He made no confession in my presence: this was at a house called the Crown. close to the landing-place - I heard these offers made both in England and Calais.

Q. State what passed at Calais. A. We met Mr. Cook and Vincent at the door, as our trunks were going out to the packet, and we were going to breakfast - they wished to speak with the prisoner privately, and wished me to retire - I refused, as I was his friend, but after some persuasion on vtheir parts I did retire for a time; in the interim the prisoner's trunk had been brought back to his bedchamber; on my return I saw Cook and Vincent searching his trunk, and several Bank notes and sovereigns were on the table: I asked them if they had any writ for him whereby they could detain him in Calais, as they would not let him return with me; they said No, they were his friends, and he was quite safe in their hands. I asked if they had seen Messrs. Wigley and Boteleer at Paris - they said No, they had not - they acted for themselves; they had no wish to hurt him - they only wanted their own and to let him escape - they said they had a plan for his escape if they could get their money. I then applied to the prisoner to know if I should stop with him - they assured me they were his friends, and it was fortunate for him that he had fallen into their hands: I then told him I must go, and he gave me a 5l. note to bring me home, for my money was spent - that is all I recollect passing in Calais.

Q. Now, were you sent by Vincent to propose any terms to the prisoner? A. I was, with a Mr. R. Thompson - Mr. Pratt did not send me to him.

Mr. ALLEY to GEORGE VINCENT . Q. Did you not send that witness to Fenn to threaten him for his life if he did not confess what he had done with the money? A. I never spoke to the man except at Calais - I never sent any message by Richard Thompson - I do not know him - I found there were six or eight persons equally guilty with the prisoner - there is a Mrs. Thompson.

Q. Did you ever say to Mrs. Thompson that if the prisoner would acknowledge the truth as to the bills, he should not be hurt in any way whatever? A. I never did.

JOHN HANBURY re-examined. Vincent did send me and Mr. Thompson to Fenn - his words I think were, he would lose his life if he did not confess where he had hid his money.

Mr. BRODRICK. Q. Did you go over to Paris with the prisoner? A. No, I met him at Paris - I went there for Mrs. Lewis - I went to Calais first, and found he had gone to Paris - I first went about the 19th or 20th March, and found him in the post-office - I went to the post-office to inquire for him, instead of the police-office, by mistake- he came in to inquire for a letter while I was there - he went by the name of Lewis at Paris - he has been Mrs Lewis's protector since her husband's death.

Q. You mean, I suppose, they were living together? A. I deny that insinuation - it was as a father; he promised the husband on his death-bed that he would protect the wife and children - I was present - that was in November. Mrs. Lewis was not in Paris: I went there for her to see what was the matter with Mr. Fenn, as she expected him in two days, and he had not returned. I did not know he was going by the name of Lewis till I went off - I then heard it from Mrs. Lewis: I have known him twelve years; I never knew him by the name of Fall or Ford; he has been in England ever since I knew him; I have heard from him that he has been in Jersey, not in Guernsey; I have heard that he went by the name of Fall by the papers; I saw the outside of a letter before I went to Paris, but not the inside - I cannot say it was from him. I travelled with him from Paris to Calais - he still kept the name of Lewis: I did not see Messrs. Boteleer and Wigley at Paris - I know they were in Calais, as I saw them there - Mr. Boteleer is a gentleman of great respectability connected with some fire-office in Bridge-street. I have been printer to one morning journal these ten years; I had permission to go to Paris - I know nothing whatever of the bill transactions. When I saw Vincent and Cook at Calais, my baggage was going to the packet with the prisoner's - I was at Calais about two and half hours after that, but not with them - I refused to leave the room for about ten minutes or a quarter of an hour, and when I went out I came in again - I was not absent half an hour, and did not stop there half an hour - I left them to go on board after the trunks were searched; I was present then - there were some Bank notes and sovereigns taken out, and I believe there were some papers, but I did not take particular notice, as they professed themselves such friends - I had not breakfasted when they came.

Q. On your oath, had you not breakfasted, paid your bill, and was going on board the packet? A. I never paid a bill at all, Mr. Fenn paid it; when I was going out of the passage they presented me with the bill - I said the gentleman up stairs would pay it - that was an hour after I first saw them.

Q. You say Mr. Cook made some professions to him? A. He clasped his hands together, and said he was a ruined man (Cook did) - he smacked his head, and said he was a ruined man, and begged him to confess what he had done with his money, as there must be money somewhere.

Q. With whose money? A. The prisoner's. Cook said he must have money, and wished to know what he had done with it.

Q. Was that the whole of the inducement held out? A. In Calais it was. Fenn paid my expences, and so he did Cook and Vincent's - Mr. Cook told me so; I had no communication with Mr. Pratt.

MR. ALLEY. Q. They appeared to treat him as such great friends:- you did not particularly notice what came out of the trunk? A. They did so. I only know of charges against the prisoner's character from the newspapers.

THOMAS BERWICK MELTON . I am not in any trade: I know Mr. Pratt and the prisoner. I heard Mr. Pratt say something about Fenn and what he would do - Fenn was

not present - he did not empower me to communicate to Fenn what he said.

COURT to MR. PRATT. Q. Who did you receive this bill from? A. From Mr. Fenn - I saw him endorse it.

GUILTY - DEATH , on the 2d Count.(See 2d day, New Court.)

Reference Number: t18280911-7

First London Jury - before Mr. Sergeant Arabin.

1565. RICHARD DUDLEY was indicted for stealing, on the 13th of August , 1 handkerchief, value 7s., the goods of Edward Burmester , from his person .

MR. EDWARD BURMESTER. I live in St. Helen's-place. On the 13th of August, at four o'clock in the afternoon, I was coming from America-square towards Crutchedfriars with a gentlemen, and telling him of having lost a handkerchief a week before; I felt a touch at my pocket and said "I have lost another" - I turned round and saw the prisoner throw it from his hand - he was a very few paces off; I charged him with it instantly, and secured him; he tried to run away - I saw it fall from his hand.

THOMAS DEVEY . I am an officer, and took the prisoner in charge with the handkerchief.(Property produced and sworn to.)

Prisoner's Defence. I was about one hundred yards from the gentlemen - it rained; a gentlemen took hold of me and took me into a shop; this gentleman came up and said, "My lad, you avnd another one have taken my handkerchief."

GUILTY . Aged 16.

Transported for Seven Years .

Reference Number: t18280911-8

1566. FREDERICK HAMMOND was indicted for stealing, on the 23d of July , 1 purse, value 6d.; 18 sovereigns, and 3 half-sovereigns, the property of John Brereton , from his person .

JOHN BRERETON. I am master of the grammar school , at Bedford. On the 23d of July I was walking down Ludgate-street, about one o'clock in the day, and very near the Belle Sauvage-yard I was hustled by eight or nine persons - they jostled me and got round me; they came suddenly upon me; I felt myself suddenly in a crowd - my son was walking with me - I felt something touch my left hand breeches pocket, and found the prisoner's hand on my thigh - he ran across the way the instant I turned round - he was on my left side, just behind me - I put my hand into my pocket and my purse was gone- I found his hand on my thigh, near the pocket which contained my purse; he withdrew his hand and made across the street; his hand came from my pocket, but not from the inside of it - I pursued him and called Stop thief! Skillern came up and took hold of him - he had run up a court about one hundred yards off, but I never lost sight of him; I felt my purse and money safe five minutes before, and could not have lost it, for my pocket was deep; I put him into a hackney coach - he there said, he was the son of respectable parents, and requested me not to bring the case before a Magistrate; I said it was a public duty - I was certain of his person; he then said he would make up the sum to me if I would not bring the case before a Magistrate. There were seven or eight persons hustling me before, and one man behind me with a box, was looking as if to see if the thing was complete - I kept my eye on the prisoner, and do not know what become of the others.

Cross-examined by MR. ADOLPHUS. Q. Where had you received this money? A. I brought it from Bedford; I changed a sovereign at a booksellers in Ave Maria-lane - my purse was then safe, and I am certain it was safe when I got to the Belle Sauvage, as nobody was near me - I had not felt it after I left the shop; I do not remember a coach coming out of the inn-yard - there was one outside; that might have occasioned a stoppage on the payment; I think I told the Alderman of perceiving the man's hand on my thigh, or on my pocket - I know it was his hand by seeing his face; I cannot say what I told the Alderman; the prisoner stood on my left side, obliquely - none of the gang offered to obstruct me; he was taken about thirty feet down the court - I said he had stolen my purse; he said I might search him, for he had not taken it, or something to that effect; he was searched, and only a few shillings found on him - he might have conveyed my purse away by sleight of hand; he was not out of my sight - he might have given it away before his hand was on my thigh; when in the coach he at first said I might be mistaken in the man; I said it was not so; and when he found that would not do, he said rather than be taken, he would make it up to me - he said he would give me the money provided I would not take him before a Justice.

JURY. Q. Was your pocket turned out or not? A. No; I had buttoned it, but I found it open - the prisoner wore a dark coat and waistcoat.

JOHN BRERETON , JUN. I was walking arm-in-arm with my father. I perceived several men round us - we could not move; they hustled us - I had no idea they were going to rob us; I thought it was done intentionally; my father turned round suddenly, and said he was robbed; I then saw the prisoner about a yard from my father - he ran across the road, down a court, and was taken; I am certain he is the man who ran, for I saw him all the time. I was in the coach - he said he had respectable parents, and did not wish to be brought before a Magistrate, and afterwards said he would make good the money if we said nothing about it.

Cross-examined. Q. Were you walking nearer to the wall than your father? A. Yes; my father's left side was towards the street; I did not notice any stoppage of carriages; I tried to get out of the crowd as well as I could.

Q. Might not another man get out of it by crossing the way? A. If he wanted he might, I suppose - I will not say nobody was nearer to my father than him.

COURT. Q. Was the prisoner nearer to your father than you? A. We were arm-in-arm - my father was between me and him; we had got by the Belle Sauvage - there was no carriage to stop us.

RICHARD SKILLERN . I am an officer. I was coming up Ludgate-hill, and saw a coach at the inn; a great many people were round it, putting luggage up; I saw the prisoner go across the road, just on the trot; I heard a cry of Stop him! I ran and took him; I said, "You have robbed this gentleman;" he said he had not: I searched, and found 16s. or 18s. on him, which I showed to the prosecutor; I was in the coach with them - he there said his family were respectable people, and he would make up the money if we would not bring him into disgrace, but he knew nothing of the robbery.

Cross-examined. Q. Was the coach above or below the inn? A. Nearer to Temple-bar - it occasioned a stoppage;

several people were round - there is a great traffic on the hill.

GUILTY . Aged 27.

Transported for Life .

Reference Number: t18280911-9

1567. HENRY YOUNG was indicted for stealing, on the 26th of July , 2 printed bound books, value 10s. , the goods of Henry James Cholmeley .

HENRY JAMES CHOLMELEY, ESQ. , M.D. I live in Bridge-street, Blackfriars . The prisoner called on me in the morning of the 26th of July, stating that his master, Mr. King, wished me to go down and see his son, who was dangerously ill at Walworth. I went, and on my return found this had happened; I did not know the prisoner before, and could find no Mr. King at Walworth; these two books were taken off the shelf in my dining-room.

ISABELLA FIELD . I am servant to Dr. Cholmeley. I let the prisoner in when he came for master; and about half an hour after master was gone the prisoner came again, and asked me if the gentleman had called and left a note for him; I said No: he said if I would let him write a note he would be obliged to me; I showed him into the dining-room, and gave him pen and paper; I left him there for about five minutes; I returned, looked through the niche of the door, and saw him putting something under his smock-frock; I went in and told him he had been taking something; he denied it - I called the other servant; he then got up, pulled the books out, and put them on the sofa - he was secured.

SARAH BARTLET . I am servant to the prosecutor. I was called, and went into the room; I saw the prisoner take the books from his pantaloons, and put them on the sofa.

GUILTY . Aged 40.

Confined Three Months .

Reference Number: t18280911-10

1568. HENRY JENKINS was indicted for stealing, on the 25th of July , 1 handkerchief, value 5s. , the goods of Ann Garton and another.

JOHN LATIMER . I am shopman to Ann and Elizabeth Garton , hosiers and glovers , of Cheapside. On the 25th of July, about eight o'clock in the morning, the prisoner came to the shop, and asked to look at shoe ribbons; I missed a handkerchief which he had been close by, I went round the counter, took his hat off, and found it in it - there was nobody else in the shop; I asked what business he had with it; he muttered something, and walked to the door, but I detained him, and gave him in charge.

WILLIAM SMITH . I took him in charge.(Property produced and sworn to.)

GUILTY . Aged 18.

Transported for Seven Years .

Reference Number: t18280911-11

1569. STEPHEN GROVES was indicted for stealing, on the 5th of August , 1 handkerchief, value 5s., the goods of Richard Edward Tippet , from his person .

RICHARD EDWARD TIPPET. I am an attorney . On the evening of the 5th of August, about nine o'clock, I was walking with a gentleman on this side Temple-bar , and felt a touch at my pocket; I turned round, saw the prisoner on my left side, and saw him throw a handkerchief from him on the ground - I had felt it drawn from my coat pocket; I collared him, and gave him in charge; a man who was with him, immediately walked off.

Cross-examined by MR. PHILLIPS. Q. Had you any mark on it? A. Not at the time it was stolen - it was almost new; the prisoner and another were the only persons within ten yards of me - I saw it in his hand, and saw him throw it from him; I picked it up immediately.(Property produced and sworn to.)

THOMAS LIGHTFOOT . I took the prisoner in charge.

Prisoner's Defence. The gentleman would have let me go if I owned it, but I would not own what I never did.

PROSECUTOR. I did not promise to forgive him.

GUILTY. Aged 18.

The prisoner received an excellent character, and was recommended to Mercy .

Confined Three Months .

Reference Number: t18280911-12

1570. JAMES GREEN , was indicted for stealing, on the 31st of July , 2 pieces of woollen cloth, containing 43 yards, value 27l., the goods of Thomas Lacy , from the person of John Fisher .

JOHN FISHER. I live with Mr. Lacy, in Church-passage, Basinghall-street; I am his errand boy , and lived with him about nine weeks. On the 31st of July, about four or five o'clock in the evening, he gave me two ends of cloth, to carry from Wood-street, to his warehouse in Church-passage; when I got into Lad-lane I was stopped by the prisoner, who asked me to go and fetch him a coach, and he would give me 6d.; he was standing in a passage in Lad-lane; I went for the coach, and when I came back he and the parcels were gone, he had helped it off my back and gave me the sixpence before I went - I left it with him; I was not gone more than five minutes; I am not sure he is the man; I did not take much notice of him, and do not know how he was dressed; I do not think he had a hat on.

Cross-examined. Q. Was not your master very angry with you for not swearing to the man? A. Yes - he did not say I was d-d little villain, nor a young villain; I did not say he was the man at last; I do not know whether he had a coat on, he had a waistcoat on; I do not think he had a coat, as I saw something white about his arms; the prisoner was brought to me in less than half an hour; I had the cloth on my back, and did not look at his face at all.

THOMAS LACY . I am a Blackwell-hall factor, and live in Church-passage, Basinghall-street. On the 31st of July I went with my errand-boy into Wood-street to fetch two pieces of cloth, which were put on his shoulder; he turned down Lad-lane and I down Love-lane, and when I got down by the church, at the end of Love-lane, I saw the prisoner carrying the two ends of cloth on his shoulder; I thought they looked like mine; I had been absent from the boy about five minutes; I went across, took up the end of the cloth, and saw the number by which I identified it, and asked him where he was going with the goods; he said he was going to Bishopsgate-street with them, that a gentleman in Lad-lane sent him with them; I asked his name - he said he did not know; he kept walking on; I said they were my goods, and as we got near Browns, the clothworkers, I got the door open, put him in, and gave him in charge; the cloth is worth about 27l.; I was about three hundred yards from Lad-lane.

Cross-examined. Q. Did he not ask you to go back to the place where the gentleman gave him the cloth? A. No;

I do not remember anything of the sort; I was at the Compter with the boy; I do not recollect saying anything to him about identifying the man; I most likely was angry with him, but not for not identifying him.(Property produced and sworn to.)

GUILTY . Aged 21.

Transported for Fourteen Years .

Reference Number: t18280911-13

1571. CHARLES GRAINGER was indicted for stealing, on the 9th of September , 1 handkerchief, value 2s., the goods of George Berkely Harrison , from his person .

GEORGE BERKELEY HARRISON. I am a wine-merchant . On the 9th of September, about ten minutes to five o'clock in the evening, I was on London-bridge , going towards the Borough, and felt a sudden jerk at my pocket; I turned round, and found myself in contact with the prisoner pass my handkerchief to the other, who was preparing to put it into his breast; I seized him, gave him to another to hold while I pursued the prisoner; he was taken in my sight and given into my hands; when I returned the other had got away.

EDWARD TROROWGOOD . I am an officer, and received him in charge.

Prisoner's Defence. I was returning home when the gentleman caught hold of me.

GUILTY . Aged 18.

Transported for Seven Years .

Reference Number: t18280911-14

1572. ISAAC MILLER and JOSEPH MOORE were indicted for stealing, on the 20th of August , 1 canvas wrapper, value 1s. 6d., and 186 yards of woollen cloth, value 37l. 6s. , the goods of Joseph Gilman and another.

DANIEL FORRESTER . I am a City officer. On the 20th of August, about half-past eleven o'clock in the morning, I saw the two prisoners going up Newgate-street; Moore went up the passage of Messrs. Gilman and Lucas, in Newgate-street - he came out, and Miller sharpened a knife on the step of a door, and gave it to Moore, who went up the passage several times, and returned - they were about there in company for about twenty minutes, and then both went up the passage; Moore brought a truss out on his back, and Miller carried a hat in his hand besides the one he had on - I have not seen the hat since; Moore had no hat on then - they turned up Queen's Head Passage - I laid hold of Miller, and tried to pull him towards Moore - he got away, leaving the skirt of his coat in my hand; I secured Moore with the truss - Miller was brought back in four or five minutes; I knew him to be the man, having frequently seen him before; the truss contained eight rolls of woollen cloth.

Prisoner MOORE. Q. What time was it? A. About half-past eleven o'clock. I did not see the truss lifted on your back; if I had taken you first, I should have lost the other - I saw nobody else in the passage.

JAMES CALLOW . I am in the employ of Joseph Gilman and Co. I received this truss from a cart that morning - it stood about forty feet down the passage, and contained eight ends of woollen cloth, worth 37l. 6s.; here is the wrapper.

RICHARD FRIEND . I am in the employ of Messrs. Gilman and Lucas. The passage is a private one.

THOMAS PEAKE . I am patrol of Farringdon ward. I saw Miller break away from Forrester, and secured him- I saw the truss fall from Moore.

MILLER's Defence. I was sitting on the rails in Smithfield Market; a gentleman came up, and asked me to carry a parcel for him from No. 42, Newgate-street, to the Goose and Gridiron public-house, St. Paul's, and I was to ask for Mr. Green; I went to No. 42, Newgate-street, but could not see the gentleman; I went to the passage and saw the parcel there, but not the gentleman - I asked two men in the passage for Green; they asked if I had come for a parcel - I said, Yes, and they lifted it on my shoulder - I let my hat fall as I came out, and this young man picked it up, and walked by my side - I never saw him before.

MILLER, GUILTY . Aged 22.

MOORE, GUILTY . Aged 23.

Transported for Seven Years .

Reference Number: t18280911-15

SECOND DAY. FRIDAY, SEPTEMBER 12.

Second Middlesex Jury - before Mr. Common Sergeant.

1573. HENRY TURPIN and JOHN WEST were indicted for feloniously assaulting William Fincher on the King's highway, on the 2d of August , putting him in fear, and taking from his person, against his will, 1 handkerchief, value 1s., 8 ounces of sugar, value 4d., 1 ounce of tea, value 5d., and 2 lbs. of bacon, value 1s. , his property.

WILLIAM FINCHER. On the 7th of August, between ten and eleven o'clock in the evening, I was at Brentford, and went from there to Ealing - I found the prisoners and another man on the road; I did not know them before - they asked me where I was going; I said to Ealing - they said that was not the road to Ealing, it was the road to Paddington - French was with me; West pushed French up against the wall two or three times - they had some words - I said, if they meant to quarrel we would turn back; I was rather behind them, and turned to go back - Turpin and the other man ran after me, and asked me what I meant by saying if that was what they meant, &c.; they struck me on the back three or four times - Mr. Holdsworth came out of his house, and then they ran away; Turpin had snatched the bundle out of my hands after the blow was given - he pulled me down on my face when he took it - the gentleman persuaded us to go another way home - we went across the fields, and met the prisoners just by Ealing church-yard; it was two hours after they had taken the bundle - we had not been above ten minutes or a quarter of an hour with them; we had walked about one hundred yards with them.

Cross-examined by MR. PHILLIPS. Q. Will you swear you were not half an hour on the road hustling and quarrelling with them? A. It was not half an hour I am certain; I do not think it could be twenty minutes; I did not strike either of them, nor threaten to punch West's head; French did not interfere till he was pushed against the wall; they did not push me against the wall.

Q. Did not Turpin say if you attempted to punch West's head you must fight him, as he was a better match for you? A. He did not; there was no watchman till we got

to Ealing; it happened about a mile and a half from Ealing; I was quite sober; I never said I had a scuffle, and lost the things; I have seen West's father several times, but never told him I was rather fresh, not tipsy: we did not leave work till six o'clock; we had been working at Ealing for Mr. Thorn, and went to take a walk; we had two pints of beer and one pint of ale at the Red Lion public-house, but had no spirits all day.

COURT. Q. They said you were going the wrong way, was it so? A. No, it was the right way.

CHARLES FRENCH . I was going with Fincher from Brentford to Ealing, and met these men on the road; they said we were going the wrong way; West came up, and began pushing me about; I said I did not like it; he said, if I did not like it I must alter it; I said it was not right to push me about; Fincher said, "If that is what you mean, we will go back again;" he turned to go back to Brentford; Turpin and the third man turned back, and asked what he meant by saying that; he took hold of him and began hammering him; I heard him halloo; two gentlemen came out of a school, and then they ran away; I did not see whether they took anything; Fincher was standing at a door with a gentlemen when they ran away; I did not see him pushed down; Turpin and the third man ran up to me after the gentlemen came out, and he knocked me down directly; I did not see whether he had anything in his hand; West was with them then, and ran away with them; the gentlemen persuaded us to go another way, and in Ealing churchyard we met the prisoners: Fincher asked where his bundle was; they said they had not seen any bundle, nor had they seen us before; Fincher said "Come on, there is a watchman in the road, and we will see about it." Turpin turned round, and ran away; we took West.

Cross-examined. Q. I believe you and your friend armed yourselves with sticks to renew the battle? A. We did not; we had no sticks in the church-yard; the gentleman who came out could not see me knocked down; as they were talking to Fincher, about 100 yards off - Turpin ran up and struck me, and directly they heard the gentleman's voice, they ran away; we got sticks to defend ourselves in case we should meet them again; we did not offer to strike them - the bundle has not been found.

JOHN CROW . I was at Ealing on the night of the 7th of August, and heard a noise in the village; I was about twenty yards from the place; Fincher and French were dragging West towards me, and said they had been interrupted on the road, robbed, and used ill; I said, "Is that true;" Fincher said, "Look in my face, and you will see I have been ill used;" there appeared marks of blood on his face, as if from a scratch or something; I put West in the cage, but did not search him; they all three appeared sober.

Cross-examined. Q. Had any of the men sticks? A. I saw one stick standing against the wall, who it belonged to I do not know; West said he was perfectly willing to go to the cage. I saw blood on Fincher's face, whether it was a scratch or blow I could not tell by that light; West said he was not the man - I did not hear him say they had been fighting upon the road; I took him about three quarters of a mile from the spot.

THOMAS MONTGOMERY . I am headborough of Ealing. West was brought to the watch-house; he asked on Sunday morning if he was to be kept there all day; I said, Yes; he first asked if he could see the man who was knocked down; I said I did not know where to find him; he then said, it was a hard case he should be kept there, he did not do it - it was Turpin who did it; he said Turpin and George did it - that he did not know his other name, but he worked for Mr. Westmoore, and that Turpin also worked there; I found Turpin at the Chequers, at Apperton, on the Sunday night, tipsy, with a person named George; I took them both up, but George was discharged.

Cross-examined. Q. Did you ascertain, whether they had been struggling? A. I did not; I found Turpin about a mile and a half from where he works.

WILLIAM FINCHER re-examined. Q. He pulled me forward when he took the bundle: I held it as well as I could, but he got it from me - it contained the articles stated in the indictment.

TURPIN's Defence. I was going along the road; this man struck me; I turned round, and hit him.

WEST's Defence. These two men caught me; I was crossing the road, and ran against one of them - I did not see them again till I got to Ealing, and they gave me in charge. NOT GUILTY .

Reference Number: t18280911-16

1574. MARGARET HARTIGAN was indicted for the wilful murder of a certain female child named Maria Ann Moore .

SEVERAL OTHER COUNTS, varying the manner of describing the child's name.

MESSRS. ADOLPHUS and RYLAND conducted the prosecution.

CATHARINE CRAWLEY . I am single. I had a child living - it was a girl; it would be six months old, this month - its name was Mary Moore; I do not know that it had been baptized - I called it Mary Moore. My mother is dead. I never saw the prisoner before; her mother was about six weeks in the place where I lodged - she lodged in the lower room for a fortnight, and then came to lodge in the same room with me, at No. 5, Crown-court, White's-yard, Rosemary-lane, Whitechapel - a woman named Smith kept the room, and lived there; another woman lodged there; Smith had two children, and the other woman had two children also. On Tuesday, the 26th of August, I saw the prisoner there; I was out for about five minutes before this happened, and when I came back I found her in the room - I had never seen her before there; Toomey and the prisoner's mother were there - Mrs. Smith was not there: there was another woman named McCarthy, but she went down as soon as the row began - there were three children in the room, mine, Toomey's and the prisoner's: my child and the prisoner's lay on the bed - Toomey had hers in her arms; there was a fire in the room, and a kettle on it, when I went in. As soon as the row began the prisoner told her mother to take the kettle off the fire, because it was boiling.

Q. Do you mean to say, the prisoner said "Take the kettle off because it is boiling?" A. Yes, and the mother took it off in about two minutes, and put it down on the hearth: the prisoner's mother got hold of Toomey and asked her what business she had there; she said she was in a gossip's place, she had been there before, and she would be there after.

Q. Who did she mean by the gossip? A. Smith, who keeps the room; when she made that answer, the prisoner went up and struck her over the side of the head with a stone bottle - Toomey said she was much obliged for the reception she had given her, and she did not expect such a reception, when she came up stairs - then the prisoner went over to Toomey, and struck her in the face with her fist again: up to this time Toomey's child was in her lap, and mine on the bed - Toomey then put her child on my lap, saying it was a pity to let a blow go twice; she then got up, took hold of the prisoner, and knocked her down on the other bed - she fell on the bed without much violence; she shoved her on it- the prisoner's mother and brother then came and began to beat Toomey; I then got up, saying it was a pity for two to be on one, and began to part them as well as I could - the prisoner screamed Murder! three times when Toomey beat her.

Q. Then Toomey and the prisoner were fighting? A. Yes - she screamed Murder! Mrs. Anderson came up and began to separate the prisoner and her mother from Toomey and the brother: they were separated, and the mother went out of the room to look for an officer - I had put Toomey's child in bed along with my own, and in the same bed with the prisoner's child; they all three lay on one bed - when Anderson separated the prisoner, she (the prisoner) came, pulled my hair and tore my gown off; I was not able to resist after that - I went over towards the window to put my hair up; my cap and all was off - the prisoner then went over to the bed, took her child off and laid it under the window; I saw her put a child there - I cannot say whose it was; she then made over to a kettle of boiling water, which lay on the hearth, and said if she could not get her revenge on the b-l-y women, she would on the children: she took the kettle in her hand and threw it in among the children in the bed; she threw kettle and all on the bed - she then ran and took her own child from under the window: the lid was on the kettle when she threw it, but it came off and was found in the bed afterwards - she threw it up towards where the children were, at the head of the bed; there were two children then on the bed - her own was under the window.

Q. Can you say whether the kettle fell on the children? A. No. I heard it go against the wall with the force of the blow, about three fingers' length above the bed. I ran to take my child off the bed, and saw the kettle in the bed; I dipped my child into a tub of cold water which stood opposite the bed - its clothes were entirely full of water - the heat of the water burnt my fingers as I took her up - it was all over water except its face and stomach, which lay on the bed: I screamed out that my child was killed; a man ran up stairs and took it to the hospital - I was there till it died, which was about one o'clock next day - it had never had a day's sickness in its life, and five minutes before it happened, I saw it on the bed as well as ever it was.

Cross-examined by MR. CLARKSON. Q. You have never been married? A. No; it was the only child I ever had - I cannot say what day of the month it was christened: I never swore it to anybody - I never had occasion- I get my living by selling oysters and fruit; I lived with a man named Moore, but not at that time - he is the father - he is now at sea; I am eighteen years old next St. Patrick's day - Moore has been at sea five months, and was at home when the child was born; I have lived at this house ever since it was born, and never saw the prisoner before that afternoon: I cannot say what time it happened - I believe it was about two or three o'clock in the day - the prisoner's mother and I had lived in the same room together for about three weeks; the prisoner had never seen the child before, to my knowledge - I did nothing to her but separated them.

Q. On your oath, did not you take away the mother in order that Toomey might beat her? A. I took her away that the prisoner and Toomey might fight it out together - they fought for about three minutes before they came up stairs - they fought for about ten minutes altogether.

Q. How did it begin? A. Toomey and the prisoner had some words down in the court - they made it up, and came up together; they had not fought down stairs, they only had a couple of words, as I heard them say - they fought for about ten minutes altogether, then the kettle was thrown - it had been off the fire ten minutes: I saw the prisoner with one black eye, when I saw her at Lambeth-street - she beat Toomey more than she beat her, only she did not give her a black eye; I never said she took the kettle off the fire or hob, nor that she poured the water on the child; I only just dipped my child into the cold water, took it out again, and screamed Murder! the prisoner had called Murder! three times - that was before Anderson came up.

Q. She was beating Toomey almost all the time? A. Yes; Toomey wasover her on the bed - she got the best of it; the brother was about eight years old - he was beating Toomey in the face with his fist; the mother was dragging her by the gown and tore it off her back.

Q. Did she throw the kettle the very instant she was separated from Toomey? A. After she beat me, Anderson shoved her away from me to part us; I never offered to fight either of them - I only pushed the mother away, I did not strike either of them; I went to the hospital in five minutes, leaving the prisoner and her mother in the house.

Q. Was not the prisoner like a mad woman? A. No; she was perfectly calm, quite collected, not at all agitated - I observed she was not at all alarmed at what she had done.

Q. You took particular notice to see whether she was agitated? A. When I saw the people come about her, I saw her putting up her hair as unconcerned as if she had not done it at all; I did not join in the row - I sat on the bed; she had invited Toomey up to have tea with her - I was on the bed when she and Toomey came up stairs; I always called the child little Mary or little Mary Moore. I am a Catholic. Smith, my landlady, took it to the priest to be christened about three weeks or a fortnight after it was born.

CATHERINE TOOMEY . I am single; I know the prisoner and her mother. On the 25th of August I had had some words with the prisoner; she afterwards called me up stairs to her mother's lodging in Crown-court - I had my child with me; I went up, and the prisoner began to abuse me - we had not many words before she came over and struck me; I was sitting down with my child in my arms - she struck me on the head with a stone bottle; Crawley

was in the room, and had a child in her arms - the prisoner had her child; she laid it out of her arms before she struck me, and put it on the bed; she struck me once without the stone bottle, then struck me with it: her mother was in the room and came over and struck me, then caught me by my hair and dragged me about - they were both on me at once; I gave my child to Crawley to defend myself from them both: Crawley seeing them both beating me threw the two children on the bed, out of her arms, and came to save me from them: the prisoner's brother was in the room - he struck me too; they were all on me, when Crawley came to my assistance - Crawley came between them both as well as she could, to save me - I was then standing; I cried out Murder! and Mrs. Anderson ran up stairs - she put them all aside as well as she could, disengaged me from her hands and separated us: the prisoner then took her own child out of the bed and put it under the window, about as far from the bed as I am from your Lordship; she then went up to the fire, a kettle of water stood on the hearth; she said if she could not have revenge on the women she would on the children - she took the kettle off the hearth and threw it over the bed, right over the two children; she stood at the side of the bed, near the wall; she did not pour the water out, but threw kettle and all - the kettle did not go near the children, as I saw; it stopped in the bed, it did not hit them - the lid was on when she took it up.

Q. From anything that passed, had you an opportunity of knowing whether the water was cold or hot? A. It was on the fire when I came up; I did not see anything done to it afterwards.

Q. When it went out of the prisoner's hands, where did it hit? A. I did not notice; immediately it was thrown, the children began to cry - Anderson called"Murder! the children are scalded to death" - I took up mine; Crawley took her child up and dipped it down - a man came up and took it to the hospital; my child was also sealded, but not so dangerously as the other - I took it to the hospital; the doctor dressed it - I brought it home. Crawley's child was called little Mary Moore.

Cross-examined. Q. Is that your child you have got in your arms? A. Yes. I took it to the hospital two or three mornings, and had leave to stay with it there - it was getting well: I did not strike the prisoner till she struck me twice; I know her mother, but had never quarrelled with her - I live at No. 11, Crown court.

Q. What business had you at her house? A. I was going for some tea and sugar - I was not asked to tea; I called Murder! two or three times, and that brought Mrs. Anderson up: the prisoner did not cry Murder! she had a black eye, which I believe I gave her - Craw. ley did not fight, she only came between us - I did not see her strike at all; the fight might last about a quarter of an hour - the prisoner was in a very great passion; nobody but her beat me; there were three of them against me - I could not do much - I got into a passion when she struck me; the children lay on the bed dressed, not under the clothes - we had been talking at the foot of the stairs, but not scolding; I got into a passion when she struck me.

MR. ADOLPHUS. Q. Though you were not asked to tea were you up stairs? A. The prisoner asked me to come up; after the child was scalded she sat on the bed, and seemed to take no notice of the children.

COURT. Q. You were talking at the foot of the stairs, what words passed between you? A. I cannot tell the words - there was no quarrelling then; the quarrel began up stairs, by the prisoner saying she was a married woman, and one thing or another; I said if she were married, she had no occasion to talk about it; I do not know what was said afterwards; I said if she were married that was enough - I had not said she was not married.

ANN ANDERSON . I am married, and live at No. 5, Crown-court, on the second floor. On this day, before I went up, I heard a noise, as if they were all fighting together; I ran up stairs - it was between four and five o'clock; I first saw the prisoner's mother on the bed very much in liquor, and Mrs. Toomey was beating her - I tried to part them, and did so; as soon as I parted the prisoner's mother, she ran down stairs - the prisoner and Crawley were in the room; when the mother had gone down stairs, the prisoner fell on Crawley, and beat her - I parted them; the prisoner went away - the three children were all on the second bed - (I always knew Crawley's child by the name of Mary Moore;) the prisoner then went and took her own baby off the bed, and put it under the window, about two yards from the bedstead - she then said as she could not have revenge on the b-y women, she would on the children; she took the kettle up, and threw the hot water over them - the lid jumped off, and went under the bedstead; the lid was on it when she took it up, but was afterwards found under the bedstead separate from the kettle - the kettle was full of water, which went over the children; I called Murder! - Miller came up, and took Crawley's child to the hospital.

Cross-examined. Q. Toomey was beating the prisoner's mother when you came? A. Yes; they were all fighting together - she was beating her severely; the mother was a very stout woman, and very much in liquor; Toomey was over her - Crawley and the prisoner fought for about ten minutes; Crawley did not strike at all - it was the prisoner beating her; Crawley did not beat the mother, it was Toomey - the prisoner called Murder! - I suppose, from the noise I heard, they had been fighting for a quarter of an hour - the prisoner was not much beat; the mother hallooed out that her daughter was being killed, and went down to get an officer - her daughter was not being ill-used at that time; they were all fighting together - the bed was about a yard from the fire.

COURT to CATHERINE CRAWLEY. Q. You said there were a couple of words between the prisoner and Toomey, at the foot of the stairs? A. Yes - they had a few words - I cannot say what it was; I heard them talking: the prisoner's mother caught hold of Toomey directly she came up, and asked what brought her there - Toomey said she was there before her, and would be there after her, in her gossip's place; the prisoner said she was married - Toomey had called her a wh-e; those were the first words - she said that before Toomey had said anything to her.

NATHANIEL MILLER . I carried Crawley's child to the hospital; it had been scalded - I delivered it to a gentleman there; Perry was with me.

JOHN PERRY. I went with Miller to the hospital; Mr. Wild, the surgeon, took charge of the child.

MR. JAMES WILD . I am a student at the London hospital. On the 26th of August the child was delivered to me, in the presence of Perry; it had been scalded all over its belly, its back, the front and back of its bowels and legs; it had lost a great portion of skin, and appeared very much exhausted, from the shock it had received; it continued under my care till one o'clock the next day, and then expired; I ascribe its death to the scalds.

Cross-examined. Q. Did you know it had been immersed in cold water? A. Yes; they told me so immediately it was brought - that was calculated to do it good; I had no hopes of it, and told them it would not survive long; by the shock I mean the hot water.

MR. ADOLPHUS. Q. Is not cold water the best application to a burn? A. The sooner cold is applied the better.

THOMAS BANKS . I am a headborough of Whitechapel. I heard of this accident, and went to look for the prisoner on Tuesday night, but could not find her till Wednesday morning, when I found her in a back room at Mr. Gray's, Rosemary-lane. I have the kettle - I saw it found about half-past six o'clock; there was about half a pint of water in it- I told the prisoner what I took her for; she said she was coming to give herself up to me - she knew she had done wrong, and had been very uneasy all night; I had made her neither threat nor promise.

Cross-examined. Q. What state was she in? A. She had no black eye, to my knowledge.

JANE SMITH . I knew Crawley's child, and took it to be baptized, at the Roman Catholic chapel; Mr. Foley was the priest who christened it, and I stood godmother; I gave it the name of Mary Ann Moore - I did not understand the language the ceremony was performed in.

THE REV. RICHARD HORROBIN . I am one of the ministers of the Roman Catholic chapel, in Virginia-street; the Rev. Mr. Foley is also minister of the chapel. I produce a register of the baptism, which is in Latin; I know it to be in Mr. Foley's hand-writing - the register is kept in the Sacristy; the translation of it is "Mary Ann Moore, born the 12th of March, 1828, baptized 20th of March, by the Rev. J. Foley;" the godmother is Jane Smith.

Cross-examined. Q. This is entered as the daughter of Catherine Crawley and Thomas Moore? A. Yes; there is an erasure - it has been the daughter of Thomas and Catherine Moore, but finding it was illegitimate, the alteration was made at the time.

Prisoner. I have said all I have to say - I do not wish to say anything now.

GUILTY. Aged 21.

Of manslaughter only . - Transported for Life .

Reference Number: t18280911-17

Before Mr. Baron Vaughan.

1575. JOSEPH SILVER was indicted for the wilful murder of Sarah Cottrell .

DANIEL QUELCH . I am a shoemaker, and live in Hanover-street, Long-acre . I lived in the next room to the deceased, Ann Silver ; she went by that name; the prisoner and her lived together as man and wife - I did not know but that they were married: they had lived there about seven weeks, and had the back room on the third floor. I had the front room third floor - there is only a passage between us; I could hear voices in their room, but not to hear what passed distinctly. On Monday, the 9th of June my wife came for me up the street - I went home with her, and after I had been in my own room about a quarter of an hour, the deceased came out - I had before that heard what appeared to be a scuffling in the room, as if people were moving about, and heard the sound of voices - I believe nobody was in the room but themselves; the woman came out of her room to my door; the prisoner was standing in his own room; she said, "Oh, my God - he has set me on fire!" his room door was open; she spoke loud enough for him to hear, I think - she burst my room door open, and came in; I said, "For God's sake, don't come here - consider my wife" (who was in the family way) - she then turned round, and ran down stairs; I followed her almost immediately, without speaking to the prisoner - I saw that she was on fire the moment she turned to go from the door, but before that her face was to the door; I observed fire about her loins - she had a cotton gown on - I only observed the fire in one place; as she ran down stairs it spread up and down, and appeared to be breaking out in fresh places; I followed her down stairs, and by the assistance of seven or eight persons the fire was extinguished - that was done at the bottom of the house; the prisoner remained up in his own room; I did not see him from the time she came to my door till the fire was extinguished: the men used their aprons, their hands, and different things to extinguish it: I then returned up stairs and found the prisoner standing inside his door, which was open - I said, "D-n your eyes, you d-d rascal, why don't you go and get a coach - the woman is almost burnt to death;" he said, "Stop till I have put on my togs,"(which means clothes); he was putting his clothes on then - he generally has them off when in the house; I was angry, and do not exactly know what I said; I know I threatened to knock him down - he said I might go to h-ll - that is all that passed between us then; my wife caught hold of me, and I went into my room with her; I came out in a minute, and he was then locking his door outside, and going down stairs - some others had spoken to him about getting a coach: he said he was going, and went down stairs - he met his wife on the stairs; they were leading her up - he put the key of the room into her hand; something was said, but I could not hear what; the fire was quite extinguished, and I believe something was put round her - he went down to get a coach to take her to the hospital; she was laid on the bed - I did not see the state she was in: the prisoner did not come back with any coach - I did not see him again till the Monday three weeks, or a month, when he was at Bow-street; it happened on a Monday; the landlord of the house went for a coach, as the prisoner did not return, and she was moved to the hospital - I went into their room about ten minutes after she was moved; she had been in the house about twenty minutes; there was then a great deal of tinder about, and a fire in the grate, and a fender to it - it was between three and four o'clock; there were hot beef-steaks in the frying-pan, which stood on the floor; I did not closely examine to see if anything had been set on fire; he was about three or four yards from his wife when I saw her on fire; they had lived six or seven weeks there, and had a boy about twelve years old; he was the prisoner's son, but I believe she was

not his mother - the boy was not at home. I have no reason to believe that the prisoner and deceased did not live comfortably together - they always cooked their victuals in the room, and kept their coals in a cupboard in the corner of the room; there was some tinder in front of the fire-place; it might have been caused by something being thrown into the fire. I dare say there was a quarter of a pound of grease or gravy in the pan - it had not been overturned, but laid on the floor, a yard and a half from the fire.

EMMA BLEWMONT . I lodge in the back room immediately under the prisoner. I was in my room; I heard nothing, but the deceased came down to my room all in flames; she burst my door open, came in, and she was on fire from her back to her head - not in front; I pulled my quilt off, flung it at her, she took it in her hand, wrapped it round her, walked round my room several times, and then went down stairs with it; the fire went upwards from her back to her head; I was never in her room - I saw her come up after the fire was put out; the prisoner met her at my room door, and put the key into her hand; he said the bed was let down and she was to lie on it, and no one to meddle with her nor touch her, and he would fetch her a coach; when she came down stairs she hallooed out all the way, "Oh, my God! he has set me on fire;" he was not there then; I helped her down to a coach which was fetched - the prisoner never came back after he went out; I cannot say on what terms they lived.

Mr. CHARLES STANFORD HALFORD . I am house surgeon at the Middlesex Hospital; I remember Ann Silver being brought there on the 9th of June, a little after four o'clock in the afternoon; she was much burnt about the back, the hips, the shoulder, and neck; she died on the 2d of July from the burning she had received, I have no doubt; I saw nothing of the prisoner at the hospital at any time; he might have been there.

SARAH DAVIS . I am nurse at the hospital. Two females brought the deceased in, she was dreadfully burnt; I saw the prisoner on the following morning about eight o'clock; he came and said he wanted to see the case that was brought in burnt; he asked for Ann Silver, I shewed her to him; he brought nothing with him, nothing passed between them; he wanted to kiss her, but she smothered her head in the clothes, and said she did not want to see the wretch.

Q. Before she died was she conscious of danger? A. She said four or five times she was well aware she should not recover, and used to ask me every morning what I thought of her wounds; she got more and more certain that she should die: she was strongly under that impression from the time she first came in; and while I was putting oil on her, she said she and her husband had quarrelled, that she was cooking some steaks, and had a lot of waste paper in a box, which she threw on the fire, and while she was doing that her husband struck her a blow; she turned round to strike him again and her petticoat caught fire, and she ran down stairs; that one of the lodgers went up to tell him she was burnt, and he said she might burn.

NOT GUILTY .

Reference Number: t18280911-18

Before Mr. Justice Littledale.

1575. JAMES MORGAN, alias COOPER , JOHN ADAMS , JOHN BUSTON , and JAMES DRABWELL were indicted for killing and slaying John Corker .

The prisoners and deceased had been engaged in a battle. Mr. William Henry Merry and Mr. Harding, of Kentish Town, surgeons, deposed, that the deceased's death was caused by the rupture of blood vessel, which, in their opinions, was occasioned by his own exertions in fighting, there being no external injury to account for it.

NOT GUILTY .

Reference Number: t18280911-19

Before Mr. Baron Vaughan.

1573. ANN BOOTH , ELIZABETH THETFORD and ELIZA SMITH were indicted for feloniously assaulting Isabella Craggs , on the 25th of June , at St. Luke, putting her in fear, and taking from her person, and against her will, 1 basket, value 6d.; 3 loaves of bread, value 1s.; 8 ounces weight of sugar, value 5d.; 1 shawl, value 4s.; 1 bonnet, value 2s.; 1 gown, value 5s.; and 1 pair of boots, value 2s. the goods of Thomas Craggs .

ISABELLA CRAGGS. I am the wife of Thomas Craggs, who belongs to the East-India warehouse ; we live in Old-street. On a Wednesday in July, about nine o'clock in the morning, I bought some provisions, and was going home with them; and in Whitecross-street I was taken suddenly ill; the prisoner Smith came up and said, "You seem very poorly, you had better go in with me and have a cup of tea as I only live next door;" I was standing against the wall, with my head on my hand; I had taken one glass of gin to make me better, but it did me no good - I went with her all the way down Glos'ter-court and Chequer-alley, into a house, where I found Booth making tea; Smith said go and sit down; she sat between me and the door. Thetford got out of bed, and said, she never laid in bed but when there was nothing to be done, but she saw there was some business to do to-day - she got out of bed; she was not dressed - she snatched my basket out of my hand; I said "Ayn't I to have my basket?" she said "The basket is not your's, 't is mine, and all that is in it;" she told Smith to keep the door shut, and put her foot against it; when she saw what was in the basket, she said "There is not enough here to buy us gin enough;" one of them then took my shawl off, and then I missed Booth out of the room; I begged of them to let me go, and I would not molest them, as they said if I made a noise they would smother me; they said "There was something else they wanted;" I said I had nothing more; they asked me to unpin my gown - I began to be frightened, and said I could not go without my gown - one took me by one arm, and the other by the other, and told me to take it off quietly, or have it done, for it would be best for me, as that was their business, and they would have it, or would smother me; they took it off - I lost my senses; when I came to myself, my boots were taken off; also my bonnet, my handkerchief from my neck, and another from my head; I said "Now you have got all my clothes; if you will let me go, I have only got my stays and petticoat, I will go as I am;" they said "You will go home, but not yet; you shall go home if you are quiet;" I burst out crying, and they told me to go and lay down, and I should be better; I laid down somewhere in a corner - I do not know whether it was on a bed, for I was so ill. and hardly in my senses; when I came to myself, I asked Booth where my clothes were gone; she said as she was going to market, two strange women took them from her; I remained there till five o'clock at night, from nine in the morning, I was so frightened - I had no refreshment; at

five o'clock, Booth put me on an old bonnet without a crown, and an old coat to cover my nakedness; she called it her coat, and got a man to help to assist me home to my husband - I was not able to walk, for I had been sadly treated; Booth found the man by the way, and asked him to assist me home, and she went with me to my husband, and told him, "Here is your wife, who I fetched out of the street from a pack of boys who were ill-using her;" my husband laid hold of me; I could neither stand nor speak to him.

Q. Did she say she had brought you home drunk? A. I do not recollect; she asked for her coat; my husband told her to stop, as he should like to know where she fetched me from; she stopped; he shut the door, and left somebody there while he fetched an officer; Booth was outside the door - she and the officer went together to her place with my husband; I remained at home, and was not out of bed for two days from their ill-treatment - they dragged and pulled me about in a very shameful manner.

CHARLES RICHARDSON . I am a headborough. On the Monday after this happened, the prosecutrix came to my next door neighbour, who is a grocer - he came to me; I requested the prosecutrix to come into my shop, and she then said she had been robbed by three women, and illused; in consequence of what she said, I told her to go out and I would follow, and told her to look into the person's face well as she went down the street, and stand before any one she could point out, till I came up; she was not out long before she stood before Booth, who was selling fruit in the street, and said that was one of the women - I immediately took her - Thetford was standing by her; I observed her drop her head, and turn round - I took particular notice of her face, and know her again; I saw her in Chequer-alley some days after, and took her; on the way to the watch-house, I said "Where do you lodge?" she said "Where do I lodge;" I asked her twice, and she gave me the same answer, but the third time she told me - I went by her direction, but she never lodged there; I returned to the watch-house, and said "Where did you say you lodged?" she said I was to go to Mrs. Timms, in Ball's-yard, Golden-lane, and she would take me to Mrs. Ellis, where she lodged, as she had said before; I afterwards found she lodged with Booth. When I apprehended her, I sent for the prosecutrix, who said she was the woman who jumped out of bed, and took her basket; I was in pursuit of the other prisoner some time; she was taken on another charge; I looked for her in consequence of the prosecutrix's description of her person: and the prosecutrix saw her locked in the same cell with four other women; she was calling for a light for her pipe when the prosecutrix entered, and said "Oh! that is the woman by her voice;" and when I fetched her out, she said she was the woman; Smith said "Yes, I know you;" I searched the house four or five days after the robbery, but found nothing.

WILLIAM HOOPER . I was in Richardson's shop when the prosecutrix came in; I followed them, and when she pointed out Booth, she exclaimed, "Oh! my - I did not do anything to you - I did not ill-use you;" the prosecutrix said, "No, but it was in your place it was done;" I was left in charge of Booth while the officer went to search her place: Thetford stood by her and said "I am sure Booth knows nothing about it" - I said, "Why you must know something about it - you must be an accessary;" she said "Oh! my - I was not up till eleven o'clock - was I Booth?" Booth made no reply: Thetford was not taken for two or three days, and then the prosecutrix identified her as having taken her basket, and when Smith was taken she identified her - Smith said, "I know you - I know you;" and began to make some frivolous excuse, which I cannot recollect. I was once a watchman of White cross-street - I know the prisoners well.

PROSECUTRIX. My husband is not here; the man who walked home with me is in custody for felony - I have not found my things; I went to complain to Richardson on the Monday after it happened, which was Wednesday.

The prisone-s in their defence stated, that Booth had met the prosecutrix intoxicated - that she sent Smith to pledge her shawl to obtain more liquor; and wanted them to pledge her gown, which was refused, and she pawned it herself - and had been to several public houses.

ELIZA OWEN . I saw the prosecutrix at the Green Man wine-vaults, in White cross-street, very much intoxicated - it was about the 26th of June, I think, and about eleven o'clock in the morning; I begged her to go home, and said to the landlady, "My heart alive, that gentlewoman has got quite top-heavy;" there was nobody with her; she was dressed in a dark gown, and dark shawl - I did not observe any basket; she was leaning on a cask by the side of the door: it was in June, and about eleven o'clock, when I remarked about her being drunk - the woman said she had but one glass there. My husband is a jobbing gardener, and lives in White cross-street; I know the prisoners by seeing them sell fruit in the street - I have known one of them ten years by sight, and have seen the other in the street with fruit; I know nothing of Smith: the prosecutrix left the prisoner about eleven o'clock - she had been there from nine in the morning, as the landlady told me; she is not here.

Q. Who desired you to come here? A. I happened to name what I saw to several people in White cross street; Booth's husband said I had better come - I have neither fee nor reward for it; the good lady was very much intoxicated, and was led out by a woman to go and have some more liquor.

CHARLES RICHARDSON . That person is very intimate with Booth.

GEORGE WILKINS . I am the officer who was first sent for. I was subpoenaed this morning by the husband of the woman - I was sent for by the prosecutrix's husband to see if I could find anything, and when I got to the house, I saw this good lady sitting down in the passage - Booth stood at the door; I asked the prosecutrix if she should know the woman if she saw her; she nodded her head - I said, "Do you think this is the woman?" she nodded to say Yes - I did not know what to do about taking her; the husband said it would be a great deal of trouble, and he would have nothing to do with it.

Q. Do you mean that Booth was at the door when the prosecutrix was brought home? A. Yes; Booth took me to her own house, and said she knew nothing at all about it - she gave no account of the matter.

JURY. Q. What state was Mrs. Craggsin? A. I saw her sit down - I did not see her move; she was a little in

liquor; but she pointed, as much as to say the prisoner was the person - she was not stupified.

COURT. Q. Might not her appearance be from fright or alarm? A. I cannot say how that was - she had neither bonnet, shawl, gown, nor shoes on; the coat had been taken off - I think she was overcome by fright altogether.

ROBERT LACK . About five o'clock on the same day I saw the prosecutrix being carried by my door by two women and one man; she had an old bonnet on and a black petticoat whether it was a coat or not I do not know; they were carrying her down the alley - one had hold of each arm. and a woman had her by the legs; she was off the ground - several boys were hallooing after her; I went out, and met a brother officer and the prosecutrix's husband.

Q. This was when she was going home, I suppose? A. Yes; Booth was one of the women with her, and a man, who I believe is in custody. I know two of the prisoners; they sell fruit in the streets - Booth's husband subpoenaed me here.

NOT GUILTY .

Reference Number: t18280911-20

Second London Jury - Before Mr. Common Sergeant.

1577. HENRY EVANS was indicted for embezzlement .

RICHARD LILLWALL . I am in partnership with Robert Moline , and was so in August, 1827; the prisoner came into our service as clerk about August, 1826 - I cannot exactly recollect the time; it was the middle of the year, or rather earlier - he had 40l. a-year; his mother, who I knew to be a respectable woman, wished him to sleep at home, but be boarded in the house - Nathan Smith is our chief clerk and cashier - it is his business to make up the daily account of cash received - if the partners receive money, they hand it over to him; the prisoner was authorized to receive money, if he was at home: and was to pay it over to Smith - if he received a cheque, he should enter it, and hand it over to Smith. In August, 1827, Hoffman and Co. were brokers of a ship in which we were interested, and were indebted to us 64l. 1s. 11d. on account of one ship, and 166l. 3s. 1d. on account of another - the 64l, 1s 11d. has been brought to account, but the other amount has never been entered in the cash-book, and has never come to our hands.

GEORGE SCHENK . I am clerk to Hoffman and Co., ship-brokers. These accounts (looking at them) were sent from our house to the prosecutors; I called on them on the 22d of August, 1827, with some money - Evans came forward to me in the counting-house, and I gave him two cheques, which I have here, for the balance of the two accounts.

The cheques being produced, were on Messrs. Glynns, dated the 22d of August, for 166l. 3s. 1d. and 64l. 1s. 11d., signed Hoffman and Co.

NATHAN SMITH . I am chief clerk to the prosecutors. The prisoner was in their service, and entrusted to receive money when payments were made to him - this cheque for 64l. odd came into my hands on the 22d of August, and I have no doubt from the prisoner - Barnett and Co. is written across the face of it in my writing, and here is my hand-writing on the back; it is an account of the exact balance of the cash of that day - if a cheque for 166l. had been paid in, it would appear here - it does not appear here, nor in the book - it never came to my hands.

Prisoner. It was customary, on Thursdays and Fridays, on busy days, for money to be placed on a desk for you to enter. Witness. I do not know of any particular days, but cheques have at times been placed on my desk - if a cheque had been paid in, I have no doubt but it would be accounted for.

OWEN THOMAS WILLIAMS . I am a clerk to Messrs. Glynn& Co. On Saturday, the 25th of August, this cheque was presented at our house, and paid by me - I cannot say to whom; I paid one note of 100l., No. 13,181, dated 30th of July, 1827; one 50l., No. 7,837, dated 1st of August, 1827, and 15l. 3s. 1d. in cash.

CHARLES HUGGINS . I am a clerk in the Bank of England. On Saturday, the 25th of August, 1827, these two notes were presented at the Bank - I gave one hundred and fifty sovereigns for them; here is my writing on the back; I cannot say who the person was - they were presented in the name of Mclntosh, as the person receiving them.

WILLIAM BARNES . I am a clerk to the prosecutors, and know the prisoner's hand-writing very well; I fully believe the name of Mclntosh at the back of these notes to be his writing.

NATHAN SMITH re-examined. The prisoner left the prosecutor's service on the 24th or 25th of the eighth month, 1827 - two days after this payment was made; he had a very sudden discharge I believe.

MR. LILLWALL. The prisoner was dismissed almost immediately after this circumstance; we discovered this about a month after, and employed an officer, but could not find him till now.

Prisoner's Defence. This prosecution has come most unexpectedly upon me - those who have preferred it might have made it a subject of enquiry last Session; on my return from America I requested a friend to call on them, and express my contrition for my imprudence - they received him in the kindest manner, spoke in the highest terms of my services, and said if I had not gone astray they intended to place me beyond the situation of a clerk; this friend found no difficulty in bringing them to a compromise - they told him they thought me entitled to reversionary property, and would take that if it could be made over, and would take the amount in easy instalments if my relatives would give security for it; my friend left it to their solicitor to draw up the document to be signed by my mother and myself for 20l. a-year to liquidate the debt; satisfied with this, and relying on their word, which I would have taken as a most solemn oath of any person, I began business on my own account, hoping, by diligent attendance, I should regain the character, to which before I had been always entitled to, as well as prevent my mother being called on for payment of the 20l. yearly; I was suffered to carry on business a very short time - it was daily on the increase, when, through the treachery of some concealed foe, the party who had lent me a small sum to begin with, demanded it and arrested me, and threw me into prison; this did not prevent my exertions - I got out of prison and expected the refusal of two situations, which would enable me to liquidate the prosecutor's demand, and notwithstanding their solemn affirmation, on the 16th I was taken on a charge for felony; convinced of the evil of my follies I had determined to become a steady man: let me

leave my fate in your hands, fully confident you will not attribute the prosecution to love of justice, but to some other motive, and under these circumstances will restore me to society; if you think there is not enough to produce an acquittal, you will consider the Act now in force, admitting the affirmation of Quakers, was not in existence at the time the offence was committed, and I submit my case is not within it.

MR. LILWALL. I was called on by a friend of his about four months ago - I said I regretted the circumstance very much on account of the high opinion entertained of him and his talents, and we had a view of making him a traveller - I gave him no encouragement to set up in business, nor did I know he was in business - his friend did not say where he was to be found; the officer has been in search of him ever since; Mr. Cochrane came and proposed it should bepaid by instalments - I immediately referred him to my solicitor.

- COCHRANE. I called on the prosecutors on the prisoner's behalf - he declined entering into any arrangement in consequence of the absence of his partner, and made an appointment on the 14th of June, which I attended - Evans' proposition was, if they would allow him to become a useful member of society he would endeavour to pay him 20l. a-year, and would make over some property which he had in reversion, and would submit to any privation if they would allow him to reinstate himself in some employ - I believe I stated that he was in England, but not where; they stated distinctly whatever arrangement might be entered into, should be without prejudice to any proceedings they might adopt, but if he gave security they had respected him, and did not wish to hurt him.

GUILTY . Aged 21.

Transported for Fourteen Years .

Reference Number: t18280911-21

1578. GEORGE JEFFERSON was indicted for stealing, on the 30th of July , at St. Mary the Virgin, Aldermanbury, 1 wooden box, value 1s. 6d.; 20 dozens of musical box keys, value 1l. 11s.; 48 bottles of oil, value 1l.; 12 saw frames, value 1l. 18s.; 1 turn bench, value 14s.; 22 screw-drivers, value 15s. 6d.; 1 solder lamp, value 3s. 6d.; 1 stock and die, value 17s.; 5 tools, called sliding pins, value 19s. 6d.; 3 tools, called drill tools, value 1l. 15s.; 18 pinion guages, value 1l. 2s. 6d.; 4 tools, called callipers, value 1l. 8s.; 2 tools, called clock main spring tools, value 2l. 7s.; 3 tools, called dupting tools, value 3l. 4s., and 45 other tools, called watch tools, value 16l. 5s., the goods of Peter Gottheimer and another, in their dwelling-house .

LESSER GOTTHEIMER . I am a native of Germany, and am the cousin of Peter Gottheimer, and am in partnership with him. On the 30th of July, the articles enumerated in the indictment were in our warehouse, at No. 34, Aldermanbury , packed up; I packed them myself the day before - the box and things were safe on the night of the 29th, corded already to go off; I put it into the passage myself, with another, at half-past nine o'clock next morning - it was then in the same state as I had packed it; I put it there and called for a porter to take it to the booking-office; a customer came into the warehouse in the meantime; the door was shut, and we did not notice it, but in half an hour, when I came out, it was missing; I was alarmed about it, and went out to make inquiry after it: Frankland, the officer, came in ten or fifteen minutes with the same box - it still contained all the things; the house is the dwelling-house of myself and partner - he lives there when in England; it is our joint property - the lowest value of all the property is above 20l.

SAMUEL FRANKLAND . I know the prosecutors' warehouse - it is in the parish of St. Mary the Virgin. I have the box - I took it from the prisoner in Little Moorfields, about one hundred and fifty yards from their house; I stopped him with it - he said it was his own; I saw people coming out of the prosecutor's house in search of something, and took him in there - Mr. Gottheimer claimed it, and the property in it.

Prisoner. When the officer took me, I turned round to see the person who employed me to carry it.

SAMUEL FRANKLAND. He said at first that it was his own, but when he found I was an officer, he said a gentleman gave it to him to carry.

Prisoner. He came across, and asked where I got the box; I immediately replied, "The person employed me to carry it."

SAMUEL FRANKLAND. I saw another man standing at the corner of Aldermanbury, a few doors from the prosecutor's house - the prisoner was standing still; the man came up to the prisoner, and then he came back: I went into a house almost opposite, and saw that man come out of the prosecutor's house with this box - he met the prisoner, who took it from him and ran off with it directly; when I first saw them they were about twenty yards from the prosecutor's.

Prisoner's Defence. I was never near the place it came from, and did not know it was stolen; I left my father's house about ten o'clock in the morning, going towards Bishopsgate-street - in London-wall a young man came up and asked me to carry a box; I said I would - he said he would follow me and pay me for my trouble: I carried it for him a short distance - an officer took me, and asked where I got it; I stated as I have told you.

JURY to SAMUEL FRANKLAND. Q. Did the prisoner converse with the man before he went into the house? A. He did; I saw them together previous to the box being brought out: there was a direction on it to the prosecutor's brother, at Davenport; I saw them walking about, looking in at the door for half an hour before; I watched them from ten till almost eleven o'clock.

One witness gave the prisoner a good character.

GUILTY - DEATH . Aged 20.

Reference Number: t18280911-22

1579. GEORGE HARRIS was indicted for stealing, on the 16th of July , 1 handkerchief, value 3s., the goods of John England , from his person .

JOHN ENGLAND. On the 16th of July I was in Newgate-market , about half-past nine o'clock in the morning; the witness Nibbs told me my handkerchief was gone; I then missed it - I had it in my hand two minutes before; he pointed to the prisoner, and said that man had got my handkerchief; the prisoner then turned, came back towards me, and I laid hold of him: I asked what he had in his pocket - he said Nothing; I put my hand into his pocket and took out my handkerchief.(Property produced and sworn to.)

WILLIAM NIBBS . On the 16th of July I was in Newgate-market; I am in the fruit and vegetable line. I saw the prisoner lurking about the prosecutor's person, and saw him take the handkerchief from England's outside pocket, and put it into his own pocket; I turned round, told England, and pointed him out; he was coming towards us; England collared him; I got an officer, and saw the handkerchief found on him.

HENRY COLLEY . I am an officer. I produce the handkerchief, which I received from the prosecutor. On taking him to the Compter three handkerchiefs were found on him.

Prisoner's Defence. I bought the three handkerchiefs in Rosemary-lane.

GUILTY . Aged 18.

Transported for Fourteen Years .

Reference Number: t18280911-23

1580. JOHN WILLIAMS, alias SACKETT , was indicted for stealing, on the 27th of August , 1 padlock, value 2s., and 1 staple, value 1d. , the goods of George Ward .

GEORGE WARD. I lost a padlock and staple from the door of my workshop, in Greystoke-place, Fetter-lane : I am a carpenter . There is a dwelling-house over the premises, but no communication; I fasten the door with a lock, and then a padlock and staple; I have no mark on them, and could not identify them; I received information next morning, and found them gone.

Cross-examined by MR. BARRY. Q. Were you present when the prisoner gave his name and address? A. Yes, at Guildhall; I did not go to see if it were correct.

SUSAN MOON . I live with my father, in Greystoke-place, Fetter-lane. On the night of the 27th of August, about twelve o'clock, I was in my bed room, and heard some person walking up and down; I asked my mother if I should put out the candle - she said, "Not yet;" I saw a man trying to get the padlock off Ward's door; I saw the padlock in his hand after he had got it off, and then he went towards Cursitor-street; when he had been gone about five minutes the watchman came down - I told him somebody had taken off the padlock; I described his dress to the watchman, and in two or three minutes the prisoner came back again from Fetter-lane; I am sure it was the same man as I had seen before, and that it was the prisoner - I did not see his face, but his person; his dress and figure appeared to be the same; the watchman took hold of him just as he passed the gate, and asked if he was the man - I said Yes, and he secured him; I did not see him do anything.

Cross-examined. Q. Were there not several persons on the spot when the prisoner came back? A. He was disturbed by several persons passing and repassing, while he was getting it off; it is in a kind of court - the watchman was waiting for him round the corner; I was at the first floor front window - it was about ten minutes past twelve o'clock, and rather dark.

Q. You only know that the man had the same dress? A. Yes.

JOHN NEWTON . I am a watchman. Moon told me a man had taken the padlock, and described his dress; another watchman met me, and heard the description as well - he said the lock was gone; I went round my beat, covered my light, and secreted myself about ten yards from the place, and in about ten minutes saw the prisoner come from Fetter-lane; when he came up to me I went and asked what he was about - he said he was going home; I said, "You have been here before to-night" - he said not; I said, "Have you not taken that lock off?" he said No - Moon called from the window, "That is the man;" I took him, and found a chisel on him, but no padlock.

Cross-examined. Q. Is he not a carpenter? A. Yes; he was dressed in a flannel jacket: when I took him to the watch-house I went to see if the chisel corresponded with the marks on the door, and did not hear him give his address, nor have I heard him give his address.

COURT. Q. You left him conversing in the watch-house? A. Yes. It was a common carpenter's chisel, and corresponed with the marks on the door; I think he had passed the door for a yard or two, when I met him - he did not stop at it; I do not know whether he saw me - there was a gas-light within eight yards of the door, which would enable Moon to see him; I had not seen him there before; the court is about sixty yards long, and has two gas-lights.

THOMAS WELDEN . I am an officer, and produce the chisel, which I saw taken from the prisoner; and afterwards compared it with the marks - he said that night that he lodged at No. 4, Greystoke-place, and gave the name of John Williams; he said next day that he lodged in Newcastle-court, Strand, and gave the name of John William Sackett.

Cross-examined. Q. Did he not tell you he was a carpenter? A. He did - I will swear he did not give his right address that night.

JEREMIAH SULLIVAN . I found the lock and staple in Cursitor-street, about twenty yards from the place, the next morning.

GEORGE COTTLE . I am Mr. Ward's foreman. I locked the premises up on the night of the 27th.

Prisoner's Defence. The chisel is part of my tools, which I daily use. I met George Brady at twelve o'clock; we spent the day together; I saw him home to Joiner's-row, he being a little drunk, and was coming that way home - as I entered Graystoke-place I saw a lot of watchman surrounding the bars; when I got up one of them said,"Where are you going?" I hesitated, thinking he had no right to ask me - he said a person of my description had attempted to break open those premises; I immediately told him who I was and where I lived, and went to the watch-house without hesitation; I said my name was John Williams, thinking it a very trivial offence; I told them my right direction - he went to try the chisel; I am told one larger or smaller would fit the place. As to my not giving my right direction, it is false - before I was taken to the Compter I said my name was Sackett, when I thought it was likely to be serious.

NOT GUILTY .

Reference Number: t18280911-24

1581. EDWARD ELLIS was indicted for embezzlement .

GEORGE DURANT . The prisoner was in my employ in August, and for three months before; I am in the silk trade - he was to receive money for me, which he should bring to account immediately.

WILLIAM CASEY . I paid the prisoner a cheque for 10l.

on the 25th of August, for his master, about ten o'clock in the morning - he was to receive nine sovereigns and 20s. in silver for it, and bring it back to me at the counting-house; he was either to bring the money to me or take it all to his master - he did not bring it me.

MR. DURANT. The prisoner did not bring me the cheque or any money, on Casey's account, but absented himself till last Sunday, when he was discovered.

JOHN WILLIAMS . I am clerk to Messrs. Veres. I paid this cheque on the 25th of August - I do not know who to.

THOMAS HAYCOCK . I took the prisoner in charge about two o'clock on Sunday - he was brought to me by an old servant of the prosecutor's, who said he had run away with a 10l. cheque, to which he made no answer; I found 3l. on him, and some new clothes.

MR. CASEY. This is the cheque I gave him.

The prisoner received an excellent character.

GUILTY. Aged 14.

Strongly Recommended to Mercy . - Confined 3 Months .

Reference Number: t18280911-25

1582. JAMES LEACH was indicted for stealing, on the 27th of August , 1 lb. of brass, value 6d., and 1 lb. of cock metal, value 6d. , the goods of Edmund Pontifex , and others, his masters.

JAMES BARTLETT . I am in the service of Edmund Pontifex, and others; the prisoner was in their employ. On the 27th of August, about one o'clock, I was desired to search him, as he was stopped at the gate by one of the partners; I found eight pieces of brass and cock metal upon him - he was given in charge; we could not miss so small a quantity - it is worth about 1s.

SAMUEL LACY . I am in the prosecutors' employ. On the 27th of August, I saw this metal in a small cupboard, adjoining the shop; the prisoner was working in another shop - the cupboard was not the proper place for the metal; I saw it there five minutes before one o'clock; and at one, when the bell rang, the prisoner came for his jacket, which hung opposite the cupboard; I saw him take some metal, and put it inside his shirt; I told Mr. Wood, followed him to the gate, and saw it found on him.

JOHN HOLLAND . I received the prisoner in charge for stealing the metal; he said he hoped Mr. Wood would forgive him.

The prisoner put in a written defence, stating that the metal must have been put into his jacket to entrap him.

The prisoner received an excellent character.

GUILTY . Aged 16.

Confined Three Months .

Reference Number: t18280911-26

THIRD DAY. SATURDAY, SEPTEMBER 13.

Second Middlesex Jury - Before Mr. Common Sergeant.

1583. FRANCIS DARLING was indicted for killing and slaying Ann Parker .

The prisoner pleaded GUILTY . Aged 32.

Confined Two Years .

Reference Number: t18280911-27

1584. LEWIS SOLOMON was indicted for feloniously assaulting James Egan , on the 16th of August , on the King's highway, putting him in faar, and taking from his person, and against his will, 1 hat, value 10s. , his property.

JAMES EGAN. I am a shoemaker . On the 16th of August, about a quarter before twelve o'clock at night, I was coming down Golden-lane, with William Kelly , from a shoe club, and as I came from the lane into Playhouse-yard , I saw several persons standing there; some of the party, whom the prisoner had been with, tripped me up - I did not see the prisoner myself; somebody put his foot before me, and tripped me up; I fell on my knees, and on getting up, the man who tripped me up gave me a blow and knocked me down - we fought together; I took off my coat and hat, and gave them to Kelly to mind; then a chap, named Toole, came out and told me to put on my coat and hat, which I did, and ran away with Kelly, who is a fellow lodger - Kelly ran quicker than me; somebody overtook me, and knocked me down - I do not know who it was; I saw a man put my hat on his head; I asked him to give it to me, and he gave me a blow on the eye - I should know the man who took the hat; it was not the prisoner - he gave me different blows; Toole came up, and advised me to go into the house, or they would murder me; I did not see the prisoner there at all - I have not got my hat.

Cross-examined by MR. PHILLIPS. Q. Did not the man who put your hat on, lose his own? A. I do not know - he had a hat on when he knocked me down; I had no seconds.

WALTER KELLY . I was with Egan, and saw the prisoner there at the beginning and end of it - I did not see him do anything but encourage the men to fight; and about five minutes after the hat was taken, I saw him going away with the party; I did not see the man who had the hat, as I ran away before it was taken.

NOT GUILTY .

Reference Number: t18280911-28

1585. JOHN PRICE was indicted for stealing, on the 13th of August , 1 coat, value 50s.; 1 pair of trousers, value 20s.; 2 waistcoats, value 14s.; 4 handkerchiefs, value 4s.; 2 shirt-fronts. value 14s.; 3 rings, value 6s.; 1 ribbon, value 6d.; 1 chain, value 4s.; 2 boxes, value 1s.; 1 pair of bracelets, value 2s, and 1 sheet, value 2s., the goods of Henry Blake , in the dwelling-house of Thomas William Hopkins .

HENRY BLAKE. I keep a coffee-shop in Wardour-street; the prisoner was in my service; I discharged him on the 9th of August, but he continued to lodge in the house. On Tuesday, the 12th of August, between nine and ten o'clock, I came home, and went to bed between ten and eleven; I took a bundle up stairs, containing some of this property - I lost the watch and appendages while he was my servant; he slept with a lodger of mine, who had refused to admit him to the room that night; he knocked at my door, and I allowed him to sleep in my room; I got up at six o'clock in the morning, leaving him and the bundle there - I did not go to the room again till Friday night, and it was then gone; I saw him in the house on the Thursday evening, but had not then missed it.

THOMAS COOK . I am an officer. I took the prisoner on Friday, the 15th, and told him the charge; he said he knew nothing about it: I asked where he had been the two nights before - he said he was at his mother's on the Wednesday; I went to Walker's, in Beaufort-street, Strand, and found a pair of bracelets, and some other things at his mother's, which I produced before the Magistrate; he said the prosecutor had given them to him.

EMILY WALNER . The prisoner gave me a pair of bracelets on the Sunday afternoon.(Property produced and sworn to.)

Prisoner's Defence. Blake lent me the shirt-front.

HENRY BLAKE . I did not.

GUILTY. Aged 19.

Of stealing to the value of 99s. only . Confined 3 Months .

Reference Number: t18280911-29

Second London Jury - before Mr. Justice Littledale.

1586. JOHN COSTIN was charged, on the Coroner's inquisition only, for the wilful murder of William Costin; and indicted for feloniously killing and slaying the said William Costin .

SARAH NEWELL . I am the wife of Thomas Newell ; we live in Parson's-court, Islington. On Friday afternoon, the 15th of August, I was in Sinnot's dust-yard, in Coppice-row, Clerkenwell ; the prisoner was there and his son William, who was about ten years old; we were sifting dust; about a quarter-past four o'clock in the afternoon, the son had a pewter pint pot in his hand with some tea in it; the prisoner asked his son for some tea - he gave him the pot and laughed - I do not know why he laughed, unless it was about the tea; they had been at work there all the afternoon, and were friendly together - I heard no words between them; I did not see the father drink, but I saw him throw the pot, and the boy fell; I saw the pot fly before me, but did not see him throw it; he was about two yards from his son - I do not know how much tea there was in the pot when the son handed it to him, or whether there was any; when the boy fell I saw the father jump off the dust-hill, pick him up, and take him a little distance off, then run back, he fetched a handkerchief off the hill, and in a few minutes both he and the boy were gone: I saw some blood come from the side of the boy's head; his father immediately went for the handkerchief - the boy stood there while he fetched it - the prisoner seemed extremely sorry, but I did not hear any words pass between them; he was a kind father to the boy.

ROSETTA FLINT . I was in Sinnot's yard sifting dust; the prisoner and his son were then at work - the son was taking the stuff away as we sifted it; about four o'clock the boy had a pewter pint pot in his hand; the father asked him for a drop of tea - the boy gave him the pot and langhed at him - I do not know why he laughed, or whether there was any tea in the pot, though I had seen some in it before; the father said, it was not pretty in him to laugh at him, and threw the pot at him; I did not see it go out of his hand - it struck him on the right side of his head - I saw the blood; the boy fell on the stones - the prisoner took him up immediately, fetched a handkerchief off the dust heap. and led him out of the yard by the hand; I had seen the son laugh myself; I do not think I ever said I had not: the father appeared very sorry for what he had done.

OLIVE ASHLEY . I was in Sinnot's yard - the prisoner and his son William, who was about ten years old, were there - the son had some cold tea in a pewter pot; the prisoner asked him for a drop; he then drank the tea out of it, then gave the pot to the father and laughed at him; the prisoner never spoke a word - I cannot say whether he looked into the pot or put his mouth to it - I did not see the pot thrown; he was about two yards from his son on a little heap, about a quarter of a yard high; the son stood on the ground; I did not see the pot thrown, but saw the boy fall before me at the side of the heap I was sitting on - I did not see the pot, as it gave me a turn; the father jumped off the heap, took him up immediately and stood him five or six yards off, while he fetched a handkerchief off the hill, then the boy walked out of the yard with him; I cannot say what the father did with the handkerchief; he appeared sorry for what he had done and cried very much all next day: they were always very friendly, and were so that afternoon; he was a very good father to him.

MR. WILLIAM HARRISON LAWRENCE . I am an apothecary, and live in Ray-street, Clerkenwell. The boy was brought to me on the 15th of August by the prisoner; he had a violent blow on the right side of the head; it was a lacerated wound - had fractured the bone, and the brains protruded; I merely applied a handkerchief as a bandage to keep it steady - it bled, and I advised his being sent to St. Bartholomew's hospital; the boy was about ten or eleven years old; a pewter pot might have inflicted the wound - anything with a circular edge might have done it; the boy remained in my shop about ten minutes while the prisoner fetched him a jacket - he then took him away on his back to the hospital.

MR. JOHN NORMAN WEEKS . I am house-surgeon of St. Bartholomew's hospital. On Friday, the 15th of August, this boy was brought in - I do not know who by; he was about ten years old; I found a large lacerated wound on the right side of the head - his skull was extensively fractured and driven in on the bone; the wound was about three inches long and about three quarters deep; the skull was fractured just above the right ear - part of the brain was exposed, and came through the wound - every thing proper was done to him; I saw him several times every day - he got worse, and died on Friday, the 21st, at the hospital: his head was opened, and the right hemisphere of the brain was in a state of suppuration; he died of inflammation on the brain, arising from the blow he had received; it might have been inflicted by the sharp edge of anything; a pewter pot might have occasioned it.

DANIEL BENJAMIN LEADBETTER . I am a marshal's-man of the City. St. Bartholomew's Hospital is in the City.

Prisoner's Defence. I asked him for a drop of cold tea - he kept laughing at me and making game of me; I said, "If you don't be quiet with your games, I'll give you a pat of the head" - he gave me the pint pot with just the grounds of the tea; I went to heave the pot away - he turned away and fell against a large stone; I went and picked him up, and found his head bleeding; I tied it up and took him down to the doctor's - I then brought him to the hospital, and held him while they dressed him.

ROSETTA FLINT re-examined. The boy's head went on a stone.

OLIVE ASHLEY . I saw a stone in the yard - it was dug up and taken to the prisoner's house; he fell with his face on the stone.

Mr. WEEKS. If he had simply fallen on a stone I think this sort of wound would not have followed - he must have been struck with considerable violence.

Q. Suppose he had been knocked down with the pot, and fallen on a stone, and the part where the wound was had come in contact with the stone, would the same wound have been produced? A. I think it possible, but not very probable.

MRS. NEWELL. When his head was struck his face was towards the prisoner.

ROSETTA FLINT. His face was towards the prisoner when I saw him; and when he was struck his back was towards him.

OLIVE ASHLEY . I saw nothing of him after he gave his father the pot - his face was towards him then.

MR. WEEKS. It is impossible for me to say whether the blow was occasioned by the pot, or stone - there was only one blow.

JURY to ROSETTA FLINT. Q. Did you see the boy hold the pot to his father? A. Yes - he was about two yards off; and when the boy was down the pot lay on the right side, I think.

OLIVE ASHLEY. The boy fell at my feet - his face pitched on the stone; he was about two yards from his father, and stretched his hand out to give him the pot.

GUILTY . Aged 44.

Of Manslaughter only. - Transported for Life .

Reference Number: t18280911-30

Second Middlesex Jury - Before Mr. Baron Vaughan.

1587. WILLIAM ROSS was indicted for feloniously assaulting David Sullivan , on the 10th of August , on the King's highway, putting him in fear, and taking from his person, and against his will, 1 hat, value 2s., and 1 handkerchief, value 2s. , his property.

DAVID SULLIVAN. I lived in Cato-street. On Saturday, the 10th of August, at one o'clock in the morning, I was in the Edgware-road , coming from my pay-table; I met five or six chimney-sweeps - they came against me; one of them said, "Are you going home" - I said Yes; they gathered about me - one of them came behind me, and struck me on my hat with his fist; the prisoner then came up, took my hat off my head, and ran away with it.

Q. They knocked you down? A. No - I fell a very little way; the man ran away with my hat - I followed him, calling out Watch! and did not lose sight of him; the watchman came against him, and knocked him down in the mews; I saw him taken, and am certain of him - I was sober; one of them came behind, and put me on my knee - I did not fall; I only had one blow, and then my hat was taken - they all had black faces.

THOMAS EDINBURGH . I am a watchman. On the 10th of August, between one o'clock and a quarter past, I heard Watch! called - I immediately went up, and the prisoner ran down Cumberland-mews, out of the Edgware-road; I followed him down the mews, and laid hold of him about three parts of the way down; I brought him up, and met Sullivan coming down with something, without his hat; he said, "That is the fellow that took my hat" - the prisoner said it was not him; I then took him up the Edgware-road, but could not find the hat where he said he was knocked down, which was about fifty yards off - I went into the mews in about half an hour, and found the hat and handkerchief in it, about twenty yards from where I took him; I had heard something fall when I pursued him down the mews - it was in the direction he had run.(Property produced and sworn to.)

Prisoner's Defence. I never saw the handkerchief or hat - I was not near the man at the time Watch! was called: I was going towards Pimlico when the watchman stopped me - I said an Irishman was running after me, going to hit me.

GUILTY. Aged 18.

Of stealing from the person only . - Transported 14 Years .

Reference Number: t18280911-31

Before Mr. Baron Vaughan.

1588. ELIZABETH PATTERSON was indicted for stealing, on the 12th of August , at St. Mary Matfellon, alias Whitechapel, 9 gowns, value 2l.; 10 petticoats, value 1l.; 7 caps, value 1l.; 9 pairs of stockings, value 10s.; 6 night gowns, value 3s.; 16 shifts, value 1l. 10s.; 4 shirts, value 16s.; 3 pairs of gloves, value 2s.; 6 handkerchiefs, value 12s.; 10 napkins, value 5s.; 2 pairs of sheets, value 10s.; 3 table-cloths, value 1l.; 7 shawls, value 3l.; 1 pair of stays, value 1s.; 1 brooch, value 3s.; 1 pair of cuffs, value 1d.; 1 window curtain, value 1d.; 2 blinds, value 2s.; 16 yards of bombazine, value 30s.; 11 yards of stuff, value 2s.; 2 yards of cotton, value 6d.; 3 yards of muslin, value 2s.; 1 apron, value 4d., and 6 yards of flannel, value 9s., the goods of Thomas Willocks , in his dwelling-house, and to whom she was a servant .

SUSAN WILLOCKS . I am the wife of Thomas Willocks - we live in Wentworth-street, in the parish of St. Mary, Whitechapel . The prisoner was eleven weeks in our service; my husband gave her notice on a Saturday, to leave on Tuesday, for getting tipsy - I had a dream on the Tuesday morning and awoke at a quarter-past six o'clock - I got up, and saw the prisoner leaning with her hand against the door full dressed; this was at a quarter-past six in the morning - I asked what she wanted there full dressed so early - she said she had let somebody out; I went to bed again and slept till half-past seven o'clock, and then awoke with the same dream - I came out into the front room, which is the prisoner's, and saw a small drawer lay on the floor, and the other drawers were half open - a silk shawl lay on the floor; there was nothing in the drawers but one short window curtain - the things were entirely cleared out; they before contained sixteen shifts, four bed gowns, six gowns, twelve yards of black bombazine, eleven yards and a half of black stuff, three tablecloths, two pairs of sheets, eleven yards and a half of lace, six pairs of worsted stockings, three pairs of silk stockings, three pairs of silk gloves, ten napkins, five shawls, several tax papers, 11s. 6d. in money, three lace caps, four lawn caps, a pair of stays, a brooch, and a pair of cuffs - the value of the whole is more than 10l. - 40l. would not pay me; I had been to one drawer the day before, and every thing appeared safe, when I took out two pairs of sheets, at half-past eleven o'clock - every drawer was locked, and the keys in my pocket, which was under my bed; I found three of the drawers had pieces broken out of them - they were wrenched; an oyster knife laid down by the side of the door - the prisoner was gone away when I got up the second time; I did not see her again till that day week, when she was in Spitalfield's watch-house - I did not make her any threat or promise; she immediately fell on her knees, and said, "Oh! mistress, pray, for God's sake, forgive me, forgive me;" I went to her lodging with the officer, and found a shawl hanging on a line - that was on the

same day and the officer found an apron there; I found on my own floor a large silk shawl - I am sure the shawl and apron are mine.

SAMUEL GREEN . I am a watchman. In consequence of information I went to a house in Popham-court, St. Dunstan's-hill, and found the prisoner lodging there; I found her on the third floor, and told her I wanted her on suspicion of robbing Mrs. Willocks - she then said, "I took nothing but two gowns and this apron," giving me the apron; I asked her what she had done with the gowns - she said she had sold them to a person in Rosemary-lane, who she did not know; I brought her away, gave her in charge, and went to the room with the prosecutrix, and on a line, tied to the bed-post, hung a shawl, which she claimed.

Prisoner. Mrs. Willocks gave me that apron.

MRS. WILLOCKS. I gave her two aprons, but that is neither of them - I never gave her a shawl.

MOSES SIMMONS . I am a headborough. I took the prisoner to the watch-house, and asked what she had done with the property - she said she had but two gowns, and sold them in the lane; I examined the drawers - they appeared to have been opened with the oyster knife - it fitted the marks.

THOMAS WILLOCKS. I am a journeyman baker . On the morning in question I went through the prisoner's room at half past five o'clock - she was in bed then, and the drawers seemed all perfect; my niece, who is seven years old, was in bed with her - I must pass through her room to go out; I returned at half-past eight - the drawers were then open, and my wife in great agitation; the prisoner was bired by the week - she was paid weekly, and had her board; the property taken away is worth 40l. to me.

Prisoner's Defence. I owned to the watchman what I took, and nothing more.

JURY to MRS. WILLOCKS. Q. Had you any character with her? A. No: I had seen her living in different houses in the neighbourhood, and never heard a bad character of her.

GUILTY - DEATH . Aged 42.

Reference Number: t18280911-32

Before Mr. Justice Littledale.

1589. MICHAEL KEEFE was indicted for stealing, on the 14th of July , 1 watch, value 20l.; 1 chain, value 2l., and 2 seals, value 2l., the goods of James Roach , in his dwelling-house .

JAMES ROACH, ESQ. I live in Parliament-street, Westminster - the prisoner was in my service about three years ago; his father, (who is now dead) was my coachman. On Saturday, the 12th of July, the prisoner came to me, stating that his mother was dying, and he wanted some relief for her: I said I should make inquiry, and he gave me his address, which I found was false: I saw him at twelve o'clock on the 14th of July in the lobby of my house - I was engaged with some gentlemen till about a quarter-past one o'clock, and at twenty minutes past one, I left my watch over the chimney-piece in my study, and went out to meet a gentleman at the Union hotel, Cockspur-street - it was a gold watch; I returned at two o'clock - I met the prisoner before that near the Union hotel, and asked where he was going; he appeared very much frightened when he saw me, and said he had been on a message for his master; but he had no master - I returned home at two o'clock and missed my watch; he had given me his mother's address as No. 24, Drury-lane - I immediately went to Bow-street, accompanied an officer to Drury-lane, but did not find his mother there; she called on me that evening herself - I afterwards went to where she did live; it was some place leading out of Drury-lane, but I am sure it was not where he directed me; I have not found my property - the watch cost me 40l.

Cross-examined by MR. CHURCHILL. Q. Did he give you the address in writing? A. No; I know I went to the address he gave me, but I now forget the number; I think it was No. 24; I paid attention to the number at the time; his mother heard she was inquired after, and then came to me - No. 24 is on the left hand side: she lives in a place on the right side, and about two hundred yards off.

MARY REDMOND . I have been five years in Mr. Roach's service; the prisoner lived there some time; he called on Sunday, the 13th of July - I opened the door to him; he said he wanted to see Miss Roach; I went up and told her- she desired me to send him up; he went up, and I did not see him again that day: next morning, about twelve o'clock, he came to the door, and wanted to see Miss Roach; she told me she would not see him - he was in the passage, and came down stairs; I had not asked him down - he stopped in the kitchen till after one o'clock, when Mr. Roach went out: I was not in the kitchen all the time, but the other servant was; he went away a little after one o'clock: after Mr. Roach went out, I saw him in the kitchen - I was in and out of the kitchen during Mr. Roach's absence, and so was the other servant; he left after one o'clock, and went out alone, as far as I know; I did not see anybody go to let him out. The family consists of my master, his two daughters, the housekeeper, cook, and myself - everybody was at home but Mr. Roach; I saw the watch at twelve o'clock that morning hanging over the mantel-piece in the study - it has usually hung there for several years; he sometimes takes it out with him.

Cross-examined. Q. Did you not invite him down stairs? How long had he lived there? A. I believe nearly a year; I did not ask him down; there was nobody to let him out; it was rather warm weather - the outer door is left open sometimes - I will not swear it was not open that day.

COURT. Q. Does the street door stand open in hot weather? A. The street door is never open - I meant the back door; nobody could come in at the back - the kitchen door opens into the area; whether it was open I cannot remember.

JOHN HUGHES . I am a Bow-street patrol. On the 14th of July I went with Mr. Roach to No. 24, Drury-lane; we did not find the prisoner's mother there: I received information, and found the prisoner in company with another man at the Maidenhead public-house, in Peter-street, Soho, about eleven o'clock at night on the 15th - I searched him, and found a ring and two farthings on him; he was in the act of taking the ring off his finger.

FRANCIS FAGAN . I am a patrol of Bow-street. I went with Hughes, and took the prisoner at a "Free and easy," about eleven o'clock at night; I searched him, and found four sovereigns and 10s. in silver and copper; I went to

one Guest's house, but had no conversation with the prisoner about it.

JOHN BURCHELL . I went to Guest's house, but had no conversation with the prisoner.

MARY REDMOND re-examined. I saw the watch about twelve o'clock; Mr. Roach called me about two o'clock, when he missed it; I went into the study, and it was gone.

Q. Did any person come to the house from the time the prisoner left till Mr. Roach came home? A. A person called, whom the cook let in - the prisoner was in the house then - it was about the time that the prisoner came; he went away before one o'clock, but the prisoner was there after; I did not let the person out - it was a man she was buying some cloth of - she was in the kitchen with him, and went out of the kitchen with him to let him out; I did not hear the door opened for him - I know he went out before the prisoner; whether this was before Mr. Roach went out I do not know; I never saw that man before, to my knowledge - he wanted the cook and me to buy some cloth; I went out of the kitchen, but the cook bought some - I think it was between twelve and one o'clock when he left the kitchen.

Cross-examined. Q. Did you know anything of the man? A. No - I have seen him since; he carries cloth about: the prisoner came in while he was there, and went out after him.

JEREMIAH RIORDAN . I am a goldsmith, and live in Drury-lane. I saw the prisoner one Monday in July - I think it was about the end of the month, and about two o'clock in the afternoon I saw him at Seven-dials; I was talking to a young man - he came up, and asked me to go and have something to drink - I went to a public-house- he asked me to go and take a walk with him - I did so; we went to a place, and he sold a watch, I believe.

Q. Where did you go? A. To Temple-bar, to New Boswell-court; we knocked at the door, and went up stairs - he and the man agreed for the watch; he had told me he was going to sell a watch - he did not shew it to me. Guest lived at the house - I did not see him; I went up stairs afterwards - he went up first: when I got up I saw a tallish young fellow - I did not know his name - I never saw him before: the prisoner was there then, and showed him a watch - I did not see it.

Q. Be careful what you say - you have been examined before; what day in July did the prisoner come to you in Seven-dials? A. On a Monday - it was in Little St. Andrew-street, at the end of it - I cannot tell the date; he asked me to come and have something to drink - we went to a public-house at the corner of St. Andrew-street; there was a young man with him - nothing was said about a pair of shoes; the prisoner went and bought a pair after we went to Boswell-court - he did not ask me to go with him to buy them, before we went to Boswell-court, or say anything about them - he said he had a watch to sell.

Q. I am going to ask you a question, and advise you to be careful how you answer - did he shew you the watch? A. No - he did not shew it to me.

Q. Will you swear he did not show it to you before he went to Boswell-court? A. No; he showed it to me when he got up the court, but not in Seven-dials - we went into the house; I cannot tell the young man's name- Grant is the man who lives there, but he was not in the house - I know him by sight now, but not before this - it was not Grant who I saw in the house; the prisoner sold the watch to the man who was there - I saw the watch afterwards; I think he sold it for 8l., but am not sure; I did not see the man pay - I was not in the room when it was paid; I saw some money on the table; I cannot say how much - the room is on the first floor; I cannot tell whether the shutters were closed - I got there at half-past two or three o'clock; it was a yellow watch, and had two seals - I believe one was plain - the other was a rough looking one; the chain was yellow - I think the watch was a thin one; it had a plain white face - I did not stay there above five minutes.

Cross-examined. Q. You at first said you did not see the watch? A. Yes; I saw it, but cannot tell what size it was - he showed it to me.

Q. Can you give any reason for swearing that he did not show it you? A. I cannot; I saw some money on the table - I did not count it, nor see anybody take it up.

Q. How came you to guess the price at 8l.? A I do not know, I am sure - the money was gold; I saw more than four sovereigns. I get my living by hard work now, not at the tread-wheel - I was once a prisoner in this Court - I do not know what it was for; I cannot remember - I think it was for a coat; I was not convicted. I have been tried at Clerkenwell. for an assault, nothing else; I have been before a Magistrate once - I will not swear it was not five times; I think about four times - I was only committed once.

JOSEPH FAUCET . I keep the Harp public-house, in George-street, St. Giles'. The prisoner came to my house on Monday, the 14th of July, about four or five o'clock in the afternoon, and called for a glass of gin and water, and two bottles of ginger-beer - he pulled out a handful of silver and sovereigns; I said, "You are well breeched today" - I saw him next day, at St. Alban's, and said, "You will be nabbed;" he laughed at me - that is all I know.

MARY LEACH . I saw the young man come up that evening, and have something to drink, at the Black Horse public-house; he rode up in a cabriolet in George-street, St. Giles'; I sat in his company, and had a glass of gin and water; he had a great deal of money in his hand, and said he had sold a watch, and got 8l.; I think this was on a Monday evening in July, but whether it was the beginning or end I cannot say - I sell fruit.

MR. ROACH. My watch was gold, and a thick one - one seal was plain; the other had my crest on it - the chain was gold.

Prisoner's Defence. What the young man says is false; he has been convicted at the Westminster Session, and has been here once or twice - all the officers know him to be a reputed thief. NOT GUILTY .

Reference Number: t18280911-33

Before Mr. Baron Vaughan.

1590. THOMAS HIGGINS was indicted, for that he, on the 1st of August , at St. James, Westminster, in and upon William Kendillon feloniously, unlawfully, and maliciously did make an assault, and with a certain knife feloniously, &c. did cut him in and upon the right side of his face, with intent feloniously, wilfully, and of malice aforethought to kill and murder him ; against the Statute, &c.

2d COUNT, stating it to be with intent to maim.

3d COUNT, stating it to be to disfigure.

4th COUNT, stating it to be to disable. 5th COUNT, stating it to be to do him some grievous bodily harm.

MR. ADOLPHUS conducted the prosecution.

WILLIAM KENDILLON. I am inspector of nuisances to the parish of St. James; the prisoner carries on business as a fishmonger , in Walker's-court, Peter-street, near Soho - I have known him there for six months; in the course of that time I have had to complain of his encumbering the pavement with his fish, and have twice summoned him to Marlborough-street office about it - he did not appear to the last summons; and two or three days after, (on Friday the 1st of August) I saw him in the street in the morning.

Q. Where did you see him when this happened? A. On Friday morning, the 1st of August, the street-keeper said something to me, in consequence of which I went and saw the prisoner in Mr. Sweetman's public-house, Berwick-street - Williams, the street-keeper, was with me; I asked the prisoner if it was true that he was looking for me; he said he was - I asked him for what purpose; he said, to kill me, and then swore - he said,"By the Almighty God I will kill you the first opportunity;" I then instantly left the house - this was about two o'clock in the day; I went as far as Walker's-court , and was leaning my elbow on one of the posts, considering what I had better do, when the prisoner came behind me - it was about three minutes after I had left the public-house - he came behind me, and gave me a cut in the face with a knife; he did not say anything - Williams was with me; I seized him directly after I received the cut - I took him by the left breast; Williams assisted me - I did not see the prisoner till I received the cut - Williams caught him by the right arm at the time; I took hold of his breast; he had a long knife in his right hand - it was an open cheesemonger's knife; he said something when he was seized, but I cannot exactly say what - I was in that state at the time; a struggle ensued- we got him with his back to Mr. Knott's sheep's-head shop, and then saw the knife in his hand - Mr. Dixon, a medical man, attended me.

Cross-examined by MR. PHILLIPS. Q. You went to the public-house to seek this man? A. Yes.

Q. Do not you know that when he has drunk a little he is almost in a state of insanity? A. No, I do not - I do not know where he lived - his shop is in Walker's-court - I had been told by several people that morning that he had been looking for me with a knife to kill me, and not being able to find a constable to go with me, for they were afraid -

Q. What constable did you go to who refused to give you assistance? A. Webb for one; he belongs to the parish - I went in search of a Police officer, and could not find one - I have been in London four or five months - I lived at Chelsea before that; I knew the police office, and applied at Marlborough-street that day, but was refused a warrant; I applied to Bishop, the clerk, who refused it, and not being satisfied, I applied to Mr. Roe, the magistrate; he said, if I brought any person forward who would swear they heard him he say he would kill me, he would grant the warrant, and I went for a street-keeper.

Q. Well, never mind that - was not this man drunk? A. I cannot swear he was drunk - he spoke to me sensibly enough, as I thought; he might have been drinking - but to say he was drunk, I could not; I only asked him the question, and as soon as he gave me the answer I came out - there were some people round him in the public-house; they appeared to be tussling, or holding him, or something to that effect.

Q. He was behind you when he struck you - if he intended to put an end to you, was there anything to prevent his running the knife through your back? A. That I cannot say - he might have stabbed me in the back if he had chosen; I cannot say where he thought it best to stick me; I am informed if he had made the blow a quarter of an inch further back, I should have died in two minutes - I cannot swear that he was drunk, nor that he was sober; I was not in the public-house above two or three minutes - when he told me his determination, I left; he spoke seriously and determined - he did not stutter as a drunken man would: the landlord was there, and could see what state he was in.

MR. ADOLPHUS. Q. If he was drunk, had you any hand in making him so? A. No; I merely went and asked him a question, with a witness, that if necessary I might make an affidavit before a Justice - I did not say a word to him more than I have mentioned, nor do anything to him - nor did I ever in my life abuse or threaten him.

COURT. Q. Did you see any knife in his hand in the public-house? A. No, my Lord; he stood at a table in front of the bar - just as I went in, I saw people about him, and I thought they were pulling him; I had not then spoken to him - I do not know whether he had dined; I did not see any liquor before him.

JURY. Q. When you left the public-house, where did he go? A. I suppose he left the house after me - I did not see him come out, but he came to me in three minutes - I went as far as Walker's-court; that was my way home; I leaned my elbow on the post, considering what I had best do - the court was not in my way to Marlborough-street; it is in the way to his shop, and very near it - I generally go home that way.

JOHN WILLIAMS . I am street-keeper of St. James. I was in company with the prosecutor when he went to the Black Lion public-house; I saw the prisoner there - he was called out of the room; the prosecutor asked if he was there, and somebody else called him out of the tap-room; he came and stood against the bar - the prosecutor asked if he had been seeking for him, as he had been told so, and asked what he wanted with him; I did not distinctly hear what answer Higgins made, as a person happened to speak to me - the first I heard him say was,"I will kill him if I can;" I then came away with the prosecutor - he did not use any words to him at all, except asking him if he was seeking for him, and spoke quite civil to him; he did not touch him - there were two or three more men between them; I saw nothing in the prisoner's hand; we walked along to Walker's-court, and stood there about two minutes, between thirty and forty yards from the public-house - the prisoner's shop is about two doors from where we stood; his shed was shut up, and the shutters put too - it was on a Fri

day; I happened to turn my face that way, and saw Higgins two or three steps from the prosecutor - I saw the knife glitter in his hand, as if it was fresh ground; I turned and said, "Oh, Lord! he is coming with a knife"- the sun shone bright on the knife; he came up, made a stroke at the prosecutor, and cut him on the cheek; the prosecutor stood with his back towards him - he came up behind him, rather on the right-hand side, and made a blow at him with the knife - it struck him on the cheek; he made a hit as if he chopped, not a thrust - I immediately seized the arm that held the knife, and got it down, so that he could not raise it up to make a second blow; one of my hands held his wrist, and the other the small of his arm - the prosecutor got hold of him about the same time; nobody assisted us; we struggled together till we got his back against the sheep's head shop, and then I found my coat confined by the blade of the knife; I disengaged it, then caught hold of the small of his arm again, and called out, "Take the knife from his hand"- somebody came up and took it from him; he called out, "Higgins, loose the knife - he loosened it," and the person took it; Lindley, the constable, came up, and just then the prisoner said, "Ah! the b-gg-r, I have done him" - that was just as he loosened the knife.

Cross-examined. Q. Was he in a great passion when you first went to the public-house? A. He did not seem in a passion when he came out - he seemed rather exasperated when he said he would kill the prosecutor; he seemed angry when he spoke the last words in the public-house - we instantly left the house, and I saw him in the street in about two minutes; I saw him again between thirty and forty yards from the house, two or three doors from his shed - we might have gone along any other street; his shed was shut up, and his neighbours said it had been shut all that morning, and he had been going about for the inspector, to kill him; I do not think he was drunk at the public-house, nor did I think him sober - I think he was rather mothered in drink, like a person that had been intoxicated, half sober and half drunk; he was called out of the tap-room to the bar - I did not see anybody tussling with him, but I was further back than the prosecutor - I stood behind him.

MR. ADOLPHUS. Q. Whether he was angry or exasperated, had the prosecutor done anything to make him so? A. Not that day - I had not the least idea of his intending to follow us; he struggled with me after I got hold of his arm - we all struggled together.

SAMUEL LINDLEY . I am a constable of St. James'. I was called in the street, and saw the prosecutor pass my shop; I immediately went to the corner of Walker's-court, and saw the prisoner standing with his back to the sheep's-head shop; I said, "Higgins, you have done the business" - he immediately said he was sorry he had not killed the b-gg-r, and would go with me wherever I pleased; I had not said he was my prisoner, or anything - he knew I was a constable; he went very quietly up Berwick-street to the office, and said nothing more to me about it; he seemed much agitated at the time.

Cross-examined. Q. Do not you mean that he was violent and outrageous in his manner at times as he went along? A. Yes - I certainly considered that he had drunk considerably, or else he never could have used much expressions; I think he had been drinking - I do not mean to say he was drunk exactly, but much flurried and agitated - I have known him twenty years; he has a wife and one daughter, who is married.

Q. I believe when he drinks he gets very violent and outrageous? A. Yes, he does; I have seen him very outrageous, and supposed him drunk.

Q. When he has drunk for two or three days together, has he not been violently agitated, and almost mad? A. Yes, he certainly is; when he is not excited by drink he is quiet - he certainly had the appearance of being much excited by liquor; I have not the least doubt of it myself - I can see it in no other light; I form that opinion from his manner and conduct, and through no other means.

MR. ADOLPHUS. Q. I beg you to forget your twenty years acquaintance, and mind what you are saying - you say you thought him drunk, or he would not have used such expressions, what expressions were they? A. He said several times going up to the office, "I am sorry I have not killed the b-gg-r; he said so two or three times - it was that that made me think him drunk; he had no coat nor hat on; he did not stagger particularly in going to the office, but went in and out like a man that was agitated - I should think the drink might have occasioned the passion, because I heard he had been drinking.

Q. Did you ever see him in a quarrel when he was drunk before? A. No, not particularly.

PROSECUTOR. I cannot say whether he had his coat on at the public-house - I do not think he had a hat on.

JOHN WILLIAMS . He had neither coat nor hat on at the public-house - I do not know who took the knife from him.

THOMAS SHEPHERD . I am a cheesemonger, and live at No. 2, Berwick-street. I was not at home when this happened; I produce a knife of mine, which was brought into my shop when I was out - I have brought three knives here; I was subpoenaed to bring a knife, by the parish attorney; he did not tell me what knife to bring; these three were in my possession on the morning of the 1st of August; they had been ground the night before; I know nothing of either of them being borrowed or taken away.

WILLIAM ROGERS . I am a jobbing porter. I know nothing about this knife - I did not take it from the prisoner, nor take it to the shop.

Cross-examined. Q. Were you drinking with the prisoner the day before this happened? A. Yes, and the same day; he called the day before for five half-pints of gin in half an hour, and I suppose drank a glass out of each half-pint; then he went into Reuben Martin's public-house, and called for two pints of gin - I was with him; he was drunk before he went there - I was in his company on the 1st of August, at the White Bear public-house, about eight or nine or ten o'clock in the morning; he had a quartern of gin, and two or three people pulled him away, saying, he had had enough - this was before ten o'clock; some person brought him away from there; he appeared drunk then - I afterwards saw the prosecutor go down the street, and go into the Black Lion, which Mr. Sweetman keeps.

MR. ADOLPHUS. Q. Then at twelve o'clock he was as drunk as he well could be? A. No, he was pulled

away from having any more; I cannot say at what time he went into the Black Lion, but I saw him there about two o'clock - I saw the prosecutor go in at two; I had seen Higgins go in about half an hour before - he was sitting in one of the settles; there were two or three people there.

EDWARD DIXON . I am a surgeon. I attended the prosecutor - I found a transverse wound on his cheek, about three inches long, near the chin; it was within an inch of a very dangerous part; it is calculated to disfigure him, but not to do him any great bodily injury.

Cross-examined. Q. That dangerous part is well known to anatomists, but not to a vulgar man? A. Just so; he might not know he was going near so vital a part.

COURT. Q. How far was it from the throat? A. An inch from the mortal part; the throat is known to common people to be a mortal part; but that particular part, the carrotid artery, is not known to them; the wound is above the throat - it was a transverse cut across the chin, within an inch of the carrotid artery; the best part of it was within half an inch of the back of the neck, but three or four inches above the throat.

MR. PHILLIPS to WILLIAM KENDILLON. Q. Had you a neck handkerchief on? A. Yes, a black stock - I was confined from my business for a fortnight or three weeks.

Prisoner's Defence. I know nothing about it.

JAMES SWEETMAN . I keep the Black Lion. The prisoner was at my house on the 1st of August, shortly before two o'clock, in a very high state of inebriation - I have known him twenty years; in his sober moments he is as humane and kind as any man - when excited by liquor, he is literally insane.

Q. In what state was he before this occurrence took place? A. As much like a madman as ever I saw, and he was so all the week - I refused to serve him with drink immediately before this.

MR. ADOLPHUS. Q. Did you see him come into your house that day? A. Yes; he was in and out three or four times; he was there about eleven o'clock in the morning - in short, he was from my house to the other opposite all the morning - I cannot say how much he drank in my house - a good many people gave him drink, but I would not serve him - I did not serve him after I found he was intoxicated - he was not drunk at eleven o'clock, not that I could discern, but he was bordering on drunkenness; I only saw him at eleven and two o'clock myself, but am informed he was there three or four times - he was as drunk as he could be between one and two.

Q. Could he walk? A. He has a very strong constitution, and can keep on his legs very well, but his mind is quite different - I saw him go out of my house at two o'clock - he had no coat or hat on; he had no knife in his hand, I am perfectly sure.

Q. Did he express any intention what he would do, or what he was going to do? A. I did not hear anything of the kind - he sleeps in Walker's-court; two men went out of the door with him - I do not know whether they had given him drink; I do not think they followed him - I requested them to take care of him, and they saw him to the door, and stood talking at the door with him a minute or two; I saw nothing further of him.

Sixteen witnesses gave the prisoner an excellent character for humanity and kindness.

GUILTY - DEATH , of the Fifth Count. Aged 57.

Recommended to Mercy by the prosecutor, on account of his age and very good character .

Reference Number: t18280911-34

First London Jury - before Mr. Common Sergeant.

1591. MARY RITCHIE was indicted for stealing, on the 18th of July , 1 umbrella, value 6d. , the goods of James Mayhew .

JAMES MAYHEW. I live in St. Olives, Hart-street. On the 18th of July I saw the prisoner at our place of business in Hart-street - she came and asked for Mr. Mayhew, my brother; I said he was not at home - she said she had a petition; I declined giving her anything, and desired her to leave: I missed this umbrella immediately, followed her into the street, and took it from her - it lay on a basket when she entered the shop; she had gone about sixty feet from the shop, and was very abusive.

THOMAS DEVEY . I took her in charge, with the umbrella.

Prisoner's Defence. I throw myself on your mercy.

GUILTY . Aged 50.

Confined Five Months .

Reference Number: t18280911-35

1592. WILLIAM ELLIOT mas indicted for stealing, on the 5th of August , 1 handkerchief, value 3s., the goods of West Mawer , from his person .

WEST MAWER. I live in the country. I was in town on the 5th of August, and lost a pocket handkerchief, but did not see who took it; two persons came up and asked me if had I not lost one - I felt, and missed it; I had used it about five minutes before.(Property produced and sworn to.)

BENJAMIN CHARLES MURRAY . I saw the prisoner go up and take a handkerchief out of Mr. Mawer's pocket; I was not above half a yard off - another person was with him: it was in Smithfield - there was no crowd; I told Mr. Mawer and took the prisoner myself - the handkerchief was found in the pens; he said he knew nothing about it - I told the officer to look on the ground for it; he got over the pens and found it - the prisoner did not run away; he got twenty or thirty yards before I took him - I went to tell the prosecutor, and while he was feeling in his pocket the prisoner was walking away.

JOHN GIRTON . I was with Murray; I did not see the handkerchief taken - I was near Mr. Mawer, but not close enough to see what he did; other persons were behind - Murray was within half a yard of Mawer, and the prisoner was close to him; Murray spoke to Mawer, and asked him if he had lost a handkerchief; he then ran and caught the prisoner - it was all done in a moment, for he ran and turned Elliott round, and I saw him throw the handkerchief over the pens; I picked it up in four or five minutes - I saw it in his hand before he threw it.

Prisoner's Defence. He asked the man if he had lost the handkerchief; and said it was on the ground, but found it in the pens.

BENJAMIN CHARLES MURRAY . I did not lose sight of him after seeing him take it. GUILTY . Aged 21.

Transported for Fourteen Years .

Reference Number: t18280911-36

1593. RICHARD JONES was indicted for stealing, on the 7th of August , 4 pieces of calico wrappers, containing 146 yards, value 18s.; 5 linen wrappers, containing 29 yards, value 14s.; 14 pieces of brown sheeting, containing 34 yards, value 17s., and 12lbs. of packing cord, value 4s. , the goods of James Justus Deacon and others, his masters.

JAMES JUSTUS DEACON. I have two sons in partnership with me - we are factors , and live in Lad-lane, and have a door in Clement's-court, Milk-street. The prisoner was in our employ on the 2d of August, as porter . I was informed of this when I came to the warehouse.

Cross-examined. Q. Is it not common for porters to receive wrappers as perquisites? A. None whatever, in our house; nor in any other house that I know of, in our business.

GEORGE ALEXANDER FAITHFUL . I am warehouseman to Messrs. Deacon. On the morning of the 7th of August, the prisoner came to my room, as usual, for the keys of the warehouse - I sleep there; I gave them to him - he went to open the warehouse, and about a quarter or twenty minutes after seven o'clock he came into my room, and wished me to step down, as the officers had stopped him as he was going to sell some old wrappers and cords; I went down: the officers asked if I allowed him to take them; I said No, I knew nothing of it - they produced a bundle of wrappers, which are worth at least, 2l.

Cross-examined. Q. He told you he was going to sell them? A. Yes, after he was stopped; we use them to pack bales; goods do not come to us in them - they are outside and inside wrappers: we generally return them, or they are charged to us.

HENRY STARMOND . I was on duty, and saw the prisoner going up Russia-court - I asked him what he had got; he said nothing but his own perquisites - we asked him to let us look at it; he said it had been looked at by the head warehouseman, who ordered him to take it away- we took him back, and the warehouseman denied having seen it.

WILLIAM HENMAN . I was with Starmond - his evidence is correct.

GEORGE ALEXANDER FAITHFUL . I am the head warehouseman; he did not tell me he was going to sell them till he was brought back. I could not miss them, we have so many.

Cross-examined. Q. Was he alone when he came to your room? A. Yes - the officers were at the street door - I sleep on the third floor; he could not escape, as the other door was fastened.

Prisoner's Defence. I took them, as I had some given to me before, by Mr. Charles Deacon, and was told they were my perquisites; they laid about - I asked Faithful who they belonged to, being marked S. S. - he said he did not know, for there were no such marks; I thought them my perquisites.

CHARLES DEACON . I am in partnership with my father. I never gave the prisoner wrappers. About two weeks previous to this he asked me what was to be done with the rubbish of the warehouse, when it required to be swept away; I said, "Have it examined by the warehouseman; and what we cannot use in packing or otherwise, you may have;" he has been three or four months with us.

Prisoner. Mr. Deacon told me where the other porter used to sell them; I was taking them to the same place - the apprentice was in the warehouse when I took them out.

GEORGE ALEXANDER FAITHFUL. The apprentice was either in the warehouse or counting-house.

NOT GUILTY .

Reference Number: t18280911-37

1594. ROBERT THRELKELD was indicted for stealing, on the 10th of July , 1 handkerchief, value 4s., the goods of George Whittington , from his person .

GEORGE WHITTINGTON. I was in Fleet-street, just on this side Temple-bar ; I felt something in my pocket, and missed my handkerchief, which I had safe a few minutes before - I turned round, and saw the prisoner standing apparently quite unconcerned; I collared him, seeing nobody else - he threw my handkerchief on the ground, and said,"Pray don't;" I gave him in custody of a Temple-porter, and took the handkerchief up.

Prisoner. He asked if I had a handkerchief - I said I had none, and he looked after another person. Witness. I looked after nobody else; I saw him drop it.(Property produced and sworn to.)

HENRY ING . On the 10th of July the prosecutor handed the prisoner over to me; I was not present at the time of the robbery - I locked him up in the cage in the Temple; Mr. Whittington asked if he must appear that evening - I said I did not know; I thought he was a gentleman who lived in the Temple, and I could not find him for a long time; the prisoner was detained about three hours, and then discharged - I am certain he is the person.

THOMAS LIGHTFOOT . I received the prisoner in charge on the 10th of July, from lng; I took him to the watch-house - he was liberated; I took him again on the 1st of August, and am certain of his person.

GUILTY . Aged 17.

Transported for Fourteen Years .

Reference Number: t18280911-38

FOURTH DAY. MONDAY, SEPTEMBER 15.

First Middlesex Jury - before Mr. Common Sergeant.

1595. THOMAS DAVIS was indicted for stealing on the 28th of July , 1 handkerchief, value 2s.; 60 sovereigns, 16 half-sovereigns, 40 crowns, 40 half-crowns, and 200 shillings, the property of Jonathan Sharp , in his dwelling-house .

JONATHAN SHARP. I keep the Coach and Horses public-house, at Isleworth . On the 28th of July I was possessed of the monies stated in the indictment - the silver was in a galley-pot and coffee-cups; it was all in one large box, which was not locked, in a drawer, in my first floor room; I saw it in the morning of the 28th of July, between nine and ten o'clock - I counted it over on Sunday morning, the 27th; there were then 66 sovereigns; I added two to them on Monday - it all appeared right then; I locked the drawer, and had the key in my possession. On the 29th, between six and seven o'clock in the morning, my wife told me the drawer was open; I got out of bed, found it open, and the money gone - I slept in that room; the lock was forced, and nothing but a shilling and sixpence left; the prisoner lives in the

neighbourhood - I have seen him at the house at different times.

Cross-examined by MR. PHILLIPS. Q. Were you not rather tipsy on Monday night? A. When I closed my house I was getting rather fresh - I was not particularly drunk - I knew what I was about; I was sober when I locked my doors, but I sat up smoking and drinking after that, and went to bed drunk.

MARTHA SHARP . I am the prosecutor's wife. I went into the bed-room on Sunday, and saw him counting the money; we went to bed together about a quarter before one o'clock on Monday night - I was in the bar with him till then; I observed the drawer a little open when I went to bed, and spoke to him, thinking he had been up stairs, seeing my pelisse and gown hanging out of the drawer, but I did not look further; I sat up in bed in the morning, and said there was something the matter - we both got out of bed; he went to the drawer first, and we found the money gone.

JOHN GARDENER . I am a market gardener at Isleworth. On Monday evening, the 28th of July, I was by my own gates in the lane this public-house is in - my gates are about forty yards from the Coach and Horses; I saw the prisoner, whom I knew well, pass my gates, about a quarter before nine o'clock, towards Sharp's house, with a man, named Bamford; I did not notice whether he went into the house - the entrance to it was in my sight.

CATHERINE HILLIER . On the 28th of July, between nine and ten o'clock at night, I went into Sharp's house, and saw the prisoner standing in the passage, between the bar and parlour doors - I knew him; I went into the parlour to see for a person, who was not there; I came out, and he was still there; I went home, returned in about ten minutes, and saw the prisoner let himself out of Sharp's bed-room window; as I went up to him I said,"Tom, what are you up to?" he never spoke to me, but walked away as fast as he could - nobody was with him; the shutters and doors were shut.

Cross-examined. Q. Of course you went to the house, and told them? A. I did not - I was sober, and had been hard at work all day.

Q. What is the reason you did not tell the people of the house directly? A. It is such a dangerous place, it is not safe to say anything - I was never charged with anything; I once took a bit of becon out of a neighbour's house out of a lark; they never threatened to prosecute me; the house was open between nine and ten o'clock at night - I said, "I will just play you a bit of a lark," and took it; they came before I was up in the morning, and asked if I had taken it - I said I had; it belonged to one Weller who worked with my husband; I took it to cantion him - it was in the kitchen, as soon as you open the door.

Q. What is the reason you did not go before a Magistrate? A. I was afraid of saying anything, but I am obliged to come forward now, because I mentioned it; I did not know they were robbed when he came out; it is not a high window - it is on the first floor; I was within about a dozen yards of the door; I knew he did not belong to the house; I did not like to give information, as there are so many men in the place who would not mind killing anybody - there is a bad set in the town.

COURT. Q. What did the prisoner do when he came out of the window? A. He ran as hard as he could up the lane; I did not know what he had been about; he lives in the town somewhere - no constable came to me about the bacon.

JOHN FINAL COOK . I am high constable of Heston. On Tuesday, the 29th of July, I heard of this robbery; I saw Crowther on Wednesday morning, and went with him to Hounslow, between seven and eight o'clock; we found the prisoner at the Ship public-house, with a girl of the town and two other women; we searched them, and on Davis was found a duplicate of a waistcoat, a penknife, and 3d; I found two bundles, one of which he claimed - it contained three pieces of Irish cloth, three silk handkerchiefs, one piece of black silk, three pairs of cotton stockings, one piece of net, one net veil, one worked collar, one pair of old stockings, one cotton handkerchief, and one pair of men's shoes - they appeared to be new; the bundle was in the tap-room; Davis claimed all the property in my presence; I found thirteen sovereigns and a half sovereign in a band-box, which was left at a public-house, and a hat was in it - he claimed every thing.

JOSEPH MANLOVE . I am a constable. On Wednesday morning, the 30th of July, I had the custody of the prisoner and the woman; the prisoner asked what he was taken up for - I said I did not know, unless it was for the robbery in Merton-lane, where this house is; he then asked if Sharp had lost any clothes - I said I did not know, but I heard he had lost a quantity of money; he asked if he had marked his money; I said I did not know; he said if he had, the mark and money too were gone.

THOMAS WEST . I keep the Ship, at Hounslow. On Tuesday, the 29th of July, about 11 o'clock at night, the prisoner came there with a woman; the woman asked me to allow them to leave a band-box and bundle till the next morning; the prisoner heard it, and called for a quartern of gin, and then went away; they returned about twenty minutes after six o'clock the next morning; the woman came to the bar, and asked for the bundle and box - I gave them to her; they remained in my house about two hours; Cook then came and took them up.

JACOB CROWTHER . I am beadle of Isleworth. On the morning of the 29th of July, I was on the road to London, and in or near Hammersmith I saw the prisoner and a young woman; I knew the prisoner - he lives near me; he did not speak to me - when I was about fifty yards from him he looked back; he stooped a little before the girl when I passed him, and seemed agitated; it was between five and six o'clock in the morning.

Cross-examined. Q. He lives near there? A. Two or three miles off.

COURT. Q. How soon did you hear that Hillier had said anything about the prisoner? A. It was last week that I first heard it from her; I had heard different rumours about her knowing something, but last week I heard it was important, and went to her - I live near her; I never heard about the bacon.

MARY ANN LESLIE . I live in St. Martin's-court, London. On Tuesday evening, the 29th of July, about twenty minutes to seven o'clock, the prisoner came to my shop with a

young woman, another young man and woman, and bought a Leghorn hat, which Cook has produced; the young woman who was with the prisoner gave him part of the money, he put the rest to it, and paid me for the hat with a sovereign and half, and the rest in silver.

THOMAS BOYLE . I am assistant to Mr. Bury, linendraper, of Fleet-street. On Tuesday, the 29th of July, between twelve and one o'clock, the prisoner came to the shop, and was a considerable time there - he purchased several articles, which came to between 8l. and 9l.; this Irish linen, handkerchiefs, and other things, are part of them, and here are the bills in my writing; he paid for all but a silk dress, which came to 35s., and that a woman who was with him paid for.

Cross-examined by MR. ALLEY. Q. What was wanting to make up the amount she paid? A. Oh! yes; he had plenty of money, but she wanted to have the dress, and paid for it.

JOHN COPE FOLKARD . I am a pawnbroker of Brentford. On Monday evening, the 28th, about eight o'clock, the prisoner pawned a waistcoat - he asked for 1s. on it, I lent him 9d. - he pressed me very hard for 1s.

MOSES KEENE . I live about three hundred yards from the prosecutor. On the night of the robbery, about a quarter or twenty minutes past eight o'clock, I saw the prisoner opposite my house - he walked very slow, about the rate of a mile and half or two miles an hour - another man went with him towards the house: I could say a good deal more.

Q. If you know anything of what he was doing on the 28th of July, state it; but if you allude to other things, you must not. A. We shall have our own houses robbed if we say much more.

Prisoner's Defence. On the 28th of July I was at Brentford, and pawned the waistcoat, because I was away from home, and lost a pot of beer at skittles; I went home and got my money; having been at work all the summer, I saved a good deal: about half-past eight o'clock I went to Richmond, and remained there till twelve.

THOMAS WILLIAMS . I am a waterman, and so is the prisoner. On Monday evening, the 28th of June, I saw him come down by the water-side, a little after seven o'clock - he staid there till near eight, then went towards Richmond - he told me he was going there, and I ferried him across the water and left him.

MR. ADOLPHUS. Q. How long was he with you? A. From seven o'clock till near eight, on the Middlesex side of the river, above a mile from Richmond bridge; I took Henry Farnell over the water at the same time; I am sure it was the 28th of June.

MR. ADOLPHUS. The robbery was in July.

Witness. It was July; I heard of the robbery next morning.

CHARLES NORMAN . I am a bricklayer. On Monday evening, the 28th of July, at a quarter to ten o'clock I saw the prisoner at the Talbot tap at Richmond; I pulled my watch out when he came in; I was going home, but waited, and he came out with me at a quarter past eleven; we had two or three pots of beer together; I left him at the door and went home - he went over the bridge. George Taylor was there.

MR. ADOLPHUS. Q. How far is Richmond from the prosecutor's? A. About two miles, I suppose - I do not know the house myself: Thomas Rose was in my company, and the prisoner and a young woman he brought with him - he paid 6d. for a pot of beer - he did not produce any more money; Taylor was to have come there, but did not: John Smith and several people were at the Talbot.

GEORGE TAYLOR . I live as porter at a druggist's at Richmond. On the 28th of July, at five minutes to ten o'clock, I saw the prisoner at the Queen's Head public-house at the foot of the bridge, and spoke to him - I did not see the last witness enter the house, but he was in the tap, for I was there myself; the prisoner came down the hill.

MR. ADOLPHUS. Q. At what time did you see the other man in the tap? A. About seven o'clock: I had not agreed to go to the tap, nor told anybody I was going there; I saw no young woman with the prisoner - I came out of my master's house, which is opposite the Talbot, and saw him, at five minutes past ten o'clock - I am sure it had struck ten.

SCALES BAMFORD . I work on the water; the prisoner was not with me on the 28th of July, nor did I see him - that is what I have come to say; it was said at Brentford that I was with him.

JOHN GARDENER. That is the man I saw with him between half-past eight and nine o'clock, as near as possible.

MR. PHILLIPS. Q. Did you speak to him? A. No, they passed me - it was rather dark - I was standing by a post; he is the man - and Rose was at the house.

WILLIAM THOMAS . I am a waterman, and know Bamford, and was with him on the evening of the 28th of July, on land, near the river, from eight o'clock till twelve.

MR. ADOLPHUS. Q. Where were you with him? A. At the Coach and Horses, the prosecutor's.

COURT. Q. Did you see Davis there? A. I did not; I am sure he was not there.

THOMAS FISHER . I am a bricklayer; I know the prisoner, also Bamford and Thomas. On Monday the 29th of July, I was with Bamford at Mr. Sharp's, from seven till twelve o'clock - the prisoner was not there.

Mr. ADOLPHUS. Q. Were there not a great many people there? A. Yes; I did not see the prisoner - I was in the parlour and tap-room; I was with Bamford all the time.

JURY. Q. Are you sure Bamford did not leave the house from seven till twelve o'clock? A. I am.

JOHN BAYLIS . I am a carpenter. On Monday the 28th of July, I was at Sharp's, between seven and eight o'clock in the evening, and saw Fisher and Bamford there; I left a little after one in the morning - Bamford left after twelve.

MR. ADOLPHUS. Q. Are you quite sure he did not go out in all that time? A. That is impossible for me to say - the prisoner never entered the house.

JAMES READ . I am gate-keeper at the Duke of Northumberland's at Zion House. I was at Sharp's on the night of the 28th of July, from half-past seven till half-past twelve - the prisoner was not there while I was; I was in the tap-room and parlour several times - as to Mrs. Hillier, she would swear to any one for a glass of liquor - she is a noted character; Bamford was in the par

lour, and went away a few minutes before I did - he was not absent unless he went out for a temporary purpose.

MR. ADOLPHUS. Q. Whether he was absent a short time, you cannot say? A. I am sure he was not absent more than five minutes, for I was playing a civil game of cards with him, Neal, and several more, and could not go on without him: we played at Put and several games - four play at that game.

Q. Who were the four? A. There was Allen, Rose, Neal and Child; they played for steaks, and after that game was over, we all had a civil game to ourselves - Bamford played, and the other witness.

Q. Were they there the whole time the play was going on? A. Yes, all but Neal; he went after the steaks, when they were lost: they began playing for steaks about eight o'clock - Neal went after them, and was not gone more than a quarter of an hour - there is a passage to the house; a person can go up stairs without coming into the parlour, I suppose - Baylis and Fisher were there, and could see the game of cards - the house was full of people.

MR. BODKIN. Q. Do you recollect the night the robbery happened? A. Yes; I am sure it was on that night - I heard of the robbery next night.

MR. ADOLPHUS. Q. Do you mean to say you are porter to the Duke? A. No; I have not been there above six weeks - they are building a new observatory; I am employed there by the week.

JAMES NEAL . I live at Isleworth, and work at what I can get to do. I was at the Coach and Horses, on the Monday night, the 28th of July; I went there about half-past six o'clock, and remained till five minutes to eight, then left the house, and met Bamford, Thomas and Fisher about one hundred yards from Mr. Gardener's house; I went back to the Coach and Horses, and it was about ten minutes past eight - they were going up the lane to the house; there was a beef-steak party, and I was going for the steaks when I met them - I returned in a quarter of an hour and found them there - they remained there till between twelve and one o'clock.

MR. ADOLPHUS. Q. What time did you go for the steaks? A. About five minutes before eight o'clock; I was one of the party that played - I think we began to play about seven o'clock: Rose, Allen, Giles and I played - Hamford, Tayler and the others were not in the house then; we played at Put for nearly an hour - there was nobody but us four in the room when we played for the steaks; I am sure of that: when I returned with the steaks, we eat them as soon as they were cooked: there were several persons in the room when I returned, all at cards, nearly: there were two tables and they played at each - they played while we eat the steaks.

MR. BODKIN. Q. Other persons might come in and join the three persons you left behind, while you were gone for the steaks? A. Yes.

MARTHA DAVIS . I am the prisoner's sister; he was with me at Richmond on the Monday night, when the clock struck nine, at the house I live at; which is not far from the Talbot.

MR. ADOLPHUS. Q. How long did he stay with you? A. Till ten o'clock.

Q. Had he any great sum of money then? A. I do not know that he had - I had only 2d. which I gave him.

JOHN GARDENER re-examined. After my work was done that night I went into the room about nine o'clock, and had a pint of beer; seeing a great many people in the parlour, I went round the place - Neal and others were there at Put; I saw him go for the steaks - he says it was a few minutes after eight o'clock, it was after nine; he says there were but four in the room - there were seven if not eight, when he went for the steaks.

MR. BODKIN. Q. Were you in the room when he went for them? A. Yes - it was dark: I came out at the same time - I got to the bar door and met Mrs. Sharp; I did not look at a clock to see the time - it was after nine o'clock, for my people do not leave work till half-past eight, and I walked about my grounds till nine o'clock; my grounds look into this room - I was not in the public-house at eight o'clock.

COURT. Q. Was it before or after you went to the house, that you saw the prisoner and Bamford near your gates? A. Before.

MRS. SHARP re-examined. Q. Was the shutter of your bed-room closed, when you went to bed? A. Our bed-room window was fastened down in the evening, about seven or eight o'clock, but when I went to bed, the window of the room he got in at, was up - that was not our bed-room, but one on the same floor.

COURT. Q. Your money was in the bed-room? A. Yes - the window over the tap-room we found open in the morning; there is only a passage between that and our bed-room - I had fastened that window about eight or nine o'clock the night before; both rooms are in front of the house, and are bed-rooms.

MR. BODKIN. Q. Is there a door at the foot of the stairs? A. Yes; the bar looks into the passage.

JOHN FINAL COOK . When I went to the house in the afternoon the mignionetle at the window of the room next to the bed-room, was all trodden down, as if they had got out there.

CATHERINE HILLIER . I did not know which room the prosecutor slept in - the windows are side by side; it was between nine and ten o'clock - I am certain the prisoner is the person who jumped out.

NOT GUILTY .

Reference Number: t18280911-39

Third Middlesex Jury. - Before Mr. Justice Gazelee.

1596. JAMES THOMPSON was indicted for feloniously breaking and entering the dwelling-house of Samuel Avila , on the 30th of July , at St. Dunstan, Stebonheath, alias Stepney, and stealing therein, 3 watches, value 40l. , his property.

MR. CLARKSON conducted the prosecution.

JAMES LOCKYER . I am apprentice to Mr. Samuel Avila, of Mile-end-road, in the parish of St. Dunstan, Stepney . On the 30th of July I commenced opening the shop at seven o'clock in the morning, precisely, and finished about ten minutes past seven; the shutters lay in the passage, and as I returned from putting the last shutter into the passage, I heard glass break; I walked towards the shop door to open it, and before I got to the door John Hinks kicked at it; in consequence of what he said I went to the shop window, found one pane of glass broken, and the pieces of glass lying down - Hinks gave me a silver watch-case; I examined the window as

soon as I got assistance, and put a shutter up to protect it; I then examined, and missed three gold watches - the first was by Ganthony. double bottomed, No. 3412, duplex escapement, half-capped, jewelled in six holes, stops and seconds, going fuzee; another a gold doomed watch by Ganthony, jewelled with rubies, a gold dial, horizontal movement; and another small gold French watch, the dial plate of which had been broken by winding it up with a large key - it was a hunting watch; they were all master's property; I went to Lambeth-street office to Norris almost directly, and took a boy with me - Hinks gave me a description of a person he had seen; I gave that description to the officer, and also a description a boy had given me - I have not seen either of the watches again.

Cross-examined by MR. ADOLPHUS. Q. Are you not mistaken in it being the 30th of July? A. No; it was Wednesday morning, the 30th of July; I saw Howard Lewis at Lambeth-street office at the second examination, but had no conversation with him - I have not published any bill, describing the watches; I never described them to Lewis - he was at the office when I gave the particulars; we have an entry of every watch in our books, of the maker's name and number, the day we take them in, and the price lent on them, but not the description - all the rest is from my memory; I examined them several times - we can always tell the description by taking off the cap; I mentioned these particulars in the presence of Lewis at the last examination but one - Mr. Avila was at the last examination, but gave no account of the matter.

JURY. Q. What was the number of the second and third watches? A. I do not know; they had been in the house so long, I did not know how far to turn back.

JOHN HINKS. I am a carman, and live in Mile-end Old-town. On Wednesday, the 30th of July, very near seven o'clock (it might be five or ten minutes after) I saw a person dressed in a short blue jacket, striped waistcoat, blue trousers, and boots under them, run between two trees, and cross the road; in less than three minutes after I heard this window break; when I first saw him he ran from the window between two trees, in a slanting direction, across the road - I did not see his face, adn will not swear that it was the prisoner, but I saw him at Lambeth-street office in a dress similar to that the man wore that morning, and, from that, believe him to be the same man; as soon as I got to Mr. Avila's window there was a silver watch-case lying under the window, and some of the broken glass of the window; I turned to the further door, and kicked with my heel; the apprentice came, and I told him what I had seen; I described the person to him, and said, "There they go;" I pursued him then, but did not succeed in catching him - the prisoner is the person I saw at Lambeth-street, and I believe him to be the man I saw run across the road.

Cross-examined by MR. ADOLPHUS. Q. You saw him at the office with the jacket and waistcoat on, and from that you think him the man? A. No, from his stature and appearance.

Q. If you had seen half a dozen men with jackets and waistcoats on, and about the same size, should you be able to pick him out? A. I believe I should.

RICHARD HENRY ASHFORD . I am a pawnbroker, and live in Church-street, Mile-end. I remember the morning of this robbery perfectly well; Cunningham, a customer of mine, came to my shop about eight o'clock that morning - I had some conversation with him about the robbery, and he mentioned the time of the robbery, within a minute or two, and that brought a circumstance to my recollection.

Q. Did you on that morning see the prisoner? A. I did, about ten minutes past seven o'clock; he had a blue jacket, dark trousers and boots, and I knew his face well; I saw him standing looking in at the centre of Mr. Avila's window; the time Cunningham mentioned brought the circumstance to my attention; I turned round to my brother, who was in the shop, and remarked to him what I had seen; Lockyer called on me that morning, and I reported it to him, what I had seen; he gave me a description of the dress - it corresponded precisely with the dress of the prisoner that morning; I am positive the prisoner is the man I saw - I afterwards saw Norris, the officer, and described the same thing to him. I saw the prisoner again in the evening; he was not then dressed as in the morning - I observed that to the officer directly he came; I have known him for several years - it was between seven and eight o'clock when I saw him; he was in company with a young woman; I sent for Norris immediately; he passed our shop, in a direction towards King Edward-street- Norris came to me immediately; I accompanied him to the Halifax Arms, public-house, in King Edward-street, found the prisoner there, and Norris took him.

Cross-examined by MR. ADOLPHUS. Q. You have known him seven years? A. Yes; I saw him as near ten minutes after seven o'clock as possible; my shop is about half a mile from Avila's; I was going to my own shop - I had been taking a walk; Avila's shop was open when I passed, the shutters all down, and the shop completely open: I did not hear glass break - I did not see Hinks; the prisoner was looking in at the centre of the window.

MR. CLARKSON. Q. You could not say how long the shop had been opened? A. No; there was nobody at the window but the prisoner - other people were walking about.

JOHN NORRIS . I am an officer of Lambeth-street. On the 30th of July, between seven and eight o'clock in the morning, Lockyer gave me information of this robbery - he described the property to me, and the dress of the person who had been seen about; I heard Mr. Ashford could give some information, and went to him; he described the prisoner to me, and mentioned his name - that was about the middle of the day; he sent for me in the evening - I accompanied him to the Halifax Arms public-house, King Edward-street, where we found the prisoner; I took him into custody, searched him, and found a 5l. note, eight sovereigns, two half-sovereigns, and some silver on him - I produce the 5l. note - it is endorsed "A. Levy, Pell-street," and in front is written "H. Lewis, No. 4, Cable-street;" it is now exactly in the same state as when I found it on him - I told him I took him on a charge of felony, and at the watch-house asked him about the note; he told me it was paid to him by the captain of a vessel who he had been out to sea with; in the month of June, 1827, when he came home.

Q. Do you mean that he had received it in 1827, or that he had been to sea in 1827? A. He said he had been home about thirteen months, and at the time he came home

he received the note; I looked at the note, and found it dated the 31st of January, 1828; he denied all knowledge of the robbery; I asked how he became possessed of the money - he said he saved it up to buy a hawker's licence. In consequence of information I went on the 4th of August to the premises of Levy, who then lived in Ship-alley; I knew he had before that lived at the corner of Pell-street; I only knew one Levy in Pell-street - I went to his house, to search for the watches; I did not find them - he was not at home; he came to me next morning at the office, and I showed him the note; I went on Wednesday, the 6th, to Lewis' house, in Cable-street - he was not at home, but came to the office to me, in consequence of my leaving a message for him; I told him my business, and he gave me a description of some property, which corresponded exactly with the description Lockyer had given me - I showed Lewis the note.

Cross-examined by MR. ADOLPHUS. Q. Are you sure what he said applied to that identical note, or that he had received a 5l. note? A. My question was "Where did you get this 5l. note?" I took the note out of his pocket at the time. I have known Lewis about two years; as long as I have been in office; I do not know his writing - the note was not out of my sight when I showed it to him; he did not write on it in my presence.

HOWARD LEWIS . I am a clothes salesman, and live at No. 4, Cable-street, Wellclose-square. The prisoner came to my shop on the 30th of July, between eight and nine o'clock in the morning, and said he wanted to purchase some clothes, that he was going to sea; he selected clothes which came to 4l. 15s.; he pulled a gold watch out of his fob, and said he wanted 10l. for it, and if I would take that he would pay me for the clothes; I examined it - it was a double bottomed one, jewelled with rubies, half capped, stops and seconds - that is all I observed about it- I did not notice the maker's name, or number; I told him I did not exactly know the value, but would step to a neighbour, who was a watch-maker, and if it was worth the money I would do it, if he would wait the while: I went to Levy, and ascertained the value from him - he gave me 11l. for it; I left it with him - I returned, and told the prisoner I had got 10l.; I sold it to Levy, and told him a person was waiting at my house to sell it; he gave me two 5l. notes and a sovereign; I requested Levy to indorse the notes - he did so, in my presence; (looking at the 5l. note produced) this is one of them; he wrote his name in Hebrew - I know this to be one of the notes, for when I returned, at the prisoner's request, I indorsed the note with my own name; I know it to be the note I received from Levy, by the name on it in Hebrew, and I wrote my name and address on it; on my return home I presented one of the notes to the prisoner, and the other I was about to take the amount of clothing out of, when he said if I would give him the two notes he would pay me for the clothing; he did not do so, but produced another watch from his waistcoat pocket, and proposed that I should take that for the clothes; my suspicions were then rather raised - I opened the watch, and found it was a single case, gold dial plate, and doomed gold watch - I gave it back to him, and told him I would rather not do that: I had given him the two 5l. notes, and endorsed them with my name, at his request; I put the second watch into his hand - he said, in rather a hurry, "I will call again presently, and pay for the clothes," and went off in haste, leaving the clothes on the counter; he went off very quickly, and I heard no more of him till the officer called, and desired me to attend at Lambeth-street, where I saw him - that was a week after; Norris had called when I was out, and left word for me to come.

Cross-examined. Q. How far is your house from where you called on Levy? A. On the other side of the square - he then lived in Ship-alley; he lived there about three weeks - it is not above a minute's walk from Pell-street, about the length of this Court; the prisoner was an entire stranger to me - I never went by the name of Levy; I am a Christian, and of course should not take a Jew's name - I do not often deal in watches; the mates of ships are in the habit of exchanging watches for clothes when they are going to sea - silver watches, and so forth; it is seldom we have gold watches, we buy watches of them, and dispose of them to the trade.

Q. Do you always take 1l. out of 11l. for selling them? A. I was not going to give him 11l. when he only asked 10l.; I took 1l. myself - I consider that just.

Q. Did that justice ever bring you here before? A. I have been here several times; and I was tried here ten or eleven years ago for a thief, but not being a thief, I was honourably acquitted - that is the only time I was tried here; I was tried at Hicks's Hall, for a misdemeanor - I had sold some palms to somebody, who hung them at his door, and they were owned; I was tried for receiving them, but acquitted; it was six or seven years ago - nothing else of that sort has ever happened to me.

Q. Is this Hebrew all that Levy wrote? A. Yes, there is A. Levy, Pell-street, on it - he told the magistrate that he wrote it; I cannot recollect whether that was on it when he paid it to me. [Here the witness, by desire of the Learned Counsel, wrote his name on a slip of paper.]

Q. How soon did you give information about this? A. When Norris called, and asked me questions - I did not then know the prisoner's name.

Q. Did you take Norris to Levy? A. No, I did not see him myself - I have not seen the note; the prisoner got no clothes from me - I did not hear of the robbery till Norris left a message for me to come to the office.

MR. CLARKSON. Q. Did you notice the prisoner's dress? A. He had a short blue jacket, speckled trousers, and a light waistcoat - he appeared to me to be a sort of inferior officer in the East India service.

JOHN NORRIS re-examined. When I took the prisoner, he wore a black waistcoat, with silver buttons, and a blue jacket; I went to search his lodging, and found the clothes, which had been described to me - that was the same night on which I took him, the 30th of July; I found a waistcoat, trousers, and an old pair of boots - he had the blue jacket on when I took him, and at the next examination he had the trousers and waistcoat on.

SAMUEL AVILA. My premises are in the parish of St. Dunstan, Stepney. On Wednesday, the 30th of July, I was from town; I returned next day - I have no partner.

Prisoner's Defence. I am innocent.

ABRAHAM LEVY . I lived in Pell-street, and afterwards

in Ship-alley - I live there now; I went to live there between six and seven weeks ago - I know Howard Lewis - he stands there.

Q. Pray at any time in July, or thereabouts, had you any dealing with Howard Lewis? A. No, I never had dealings with him, he bears such a character; I never bought a gold watch of him for 11l.; I was asked that question before the Magistrate privately, and gave him the same account (looking at the note); this Hebrew is in my writing; the translation of it is "Abraham, the son of Joseph Levy;" and the English, "A. Levy, Pell-street," is my writing - I did not write that at the request of Lewis- I never had any dealings with him; I am a seller and dealer in jewellery and cutlery; I can repair a watch - I cause watches to be made; they are not made in my shop - there are seventeen different people employed to make a watch; I receive the parts from different people, and put them together.

MR. CLARKSON. Q. Are you one of the seventeen who get your living by watches? A. I can take one to pieces; the Hebrew characters on the note are my writing - that note has been in my possession; I swear I did not give it to Lewis, for I never had dealings with him.

MR. ADOLPHUS. Q. Does the Hebrew writing give you any information of the time the note left you? A. No; I cannot tell when I paid it away, but it must have gone out of my possession when I lived in Pell-street, as I always indorse them when I pay them away; I have not written Pell-street on a note since I have lived in Ship-alley; I turn in my business 150l. a month, or 200l.

JURY. Q. Are you sure that you never, through the medium of any person, had dealings with Howard Lewis? A. I am certain of it.

MR. CLARKSON. Q. Were you ever in trouble yourself? A. No; my character stands unimpeached.

JURY to HOWARD LEWIS. Q. Do you know the person of Abraham Levy? A. Yes, perfectly well, for years; he is the person I sold the watch to; he contradicts me, but I gave sufficient proof to the Magistrate of my being correct - he said to me, "Come this way, Mr. Lewis, and I will pay you;" I thought he meant me to follow him - I followed him up stairs; he opened his bed-room door; he then saw me, and said, "I do not mean you to come here, I will come down to the shop to you;" I stated to the Magistrate that I saw in the bed-room what appeared a four-post bedstead, with new carved pillars; the officer was sent to see if it was correct.

JOHN NORRIS. I know an officer was sent there; he came back, and stated in the prisoner's presence, that LEWIS'S description was quite correct.

HOWARD LEWIS re-examined. I said I supposed it was a four-post bedstead, as I saw the posts at the feet, but could not see the head; when the officer returned, he said there were posts at the feet, but it had been turned into a tent bedstead.

Q. When the man refused the clothes, did you not feel disappointed? A. Rather so - he made off very quick, or I should certainly have gone after him; but I had nobody in my shop - I thought, by his producing a second watch, that he had not come honestly by it; I did not go to the office till Norris called, as I knew nothing of the robbery.

Two witnesses gave the prisoner a good character.

GUILTY - DEATH . Aged 23.

Recommended to Mercy on account of his youth and character .

Reference Number: t18280911-40

First Middlesex Jury - before Mr. Baron Vaughun.

1597. PATRICK BYRNE was indicted for stealing, on the 10th of July , 1 pair of half-boots, value 7s.; 1 pair of stockings, value 1s.; 1 waistcoat, value 2s; 1 frock, value 4s.; 1 coat, value 1l. 5s.; 1 handkerchief, value 3s.; 1 hat, value 3s., and 1 watch, value 3l.; the goods of Timothy Bradley ; and 1 cloak, value 2s., the goods of David Fitzgerald , in his dwelling-house .

TIMOTHY BRADLEY. In July last I lodged at David Fitzgerald's, in Back rents, Rosemary-lane ; the prisoner slept in the same bed with me for two or three nights; only us two lodged there. On Thursday night, the 10th of July, I went to bed about ten o'clock, before him; I left the articles stated in the indictment by the side of my bed - I hung the watch by the bed side; I went to sleep directly, and do not know whether he came in that night, I slept so sound: I was awoke about four o'clock in the morning - it was light then; I looked round, and all was gone except my shirt, which I had on; I came down stairs, and told the landlady; nobody but the prisoner had any business in the room; I had closed the door, but not locked it; there were other lodgers in the house; my things are worth 5l.; I gave 3l. 10s. for the watch six years ago.

MARY FITZGERALD . My husband rents this house; the prisoner and Bradley lodged there - the prisoner had lodged there for a month, and came back on the Saturday night - I saw him go up stairs on this night - he had his supper, and asked for a light to go to bed between ten and eleven o'clock; I went to bed after eleven, and was the last person up: I had not been in bed above two minutes before I heard the prisoner come down stairs; I asked who it was - he said it was him; I asked where he was going - he said "To the water closet, and I shall be up again presently.

"I listened a long time to hear him come in, not hearing the door close, as it is a spring lock; the water-closet is out in the court, out of the street-door; I did not hear him come in again; the court communicates with Rosemary-lane, and he could get away; I got up, and found the door wide open, I shut it, and went to bed, without going to Bradley's room - Bradley called me about four o'clock in the morning, and asked about his clothes.

JAMES KENNEDY . I am a watchman. On the night of the 10th of July, about twenty minutes before twelve o'clock, the prisoner came up to me with a bundle by Whitechapel church, which is about half a mile from Rosemary-lane; I asked him what he had got in the bundle; he would not answer me, and I detained him; he said there was a coat or waistcoat, or something, and that he was moving them for a friend; I untied the bundle, and saw the shoes, which were wet, a waistcoat and pantaloons; I took him to the watch-house - there was a woman's cloak and a hat; Fitzgerald claims the coat; the property was tied in it; here is a hat and night cap; the prosecutor has got his clothes on; there was a pair of half-

boots, a pair of stockings, trousers, and a smock frock in the bundle, and a silk handkerchief: the prosecutor has worn them ever since, as he had no others.

MOSES MOSES . I was officer of the night. The prisoner was brought to the watch-house with the bundle; I gave the prosecutor his clothes to put on; I should think them worth about 30s., and the watch 35s. - I found that next morning under the prisoner's arm, between his coat lining.(Property produced and sworn to.)

GUILTY. Aged 45.

Of stealing to the value of 99s. only .

Transported for Seven Years .

Reference Number: t18280911-41

Before Mr. Justice Gazelee.

1798. JAMES HATCHER was indicted for stealing, on the 6th of August , 2 coats, value 4l.; 2 waistcoats, value 30s.; 2 pairs of trousers, value 2l. 10s.: 4 shirts, value 1l.; 1 handkerchief, value 1s., and 1 half-handkerchief, value 6d., the goods of James Taylor, in the dwelling-house of Charles Garrett .

JAMES TAYLOR . I lodged at Charles Garrett's, in Compton-street , in the first floor back room - the prisoner lodged on the second floor. I was called up about a quarter to six o'clock on the morning of the 6th of August, to go to work, by the prisoner; he was in the habit of calling me, but that morning he called me a quarter of an hour before the usual time - he deals in old clothes; I work at Mr. Hobcraft's iron-foundry in Seward-street: I locked my door, and hung the key behind the street door, as usual, for the landlady to make the bed - I do not know that anybody but her knew it was kept there: I went out about five minutes to six o'clock - the prisoner usually went out before me, but did not that morning, for I heard him up stairs; I returned about half-past nine o'clock; I was told of the robbery before I went into the house, by the landlady, and we went up together; I missed my box - I went up to the prisoner's room, and found the box on the landing place, broken open - there were dents in the wood, as if it had been opened with a chisel - his door was open; I missed the articles mentioned in the indictment from the box: I had seen my clothes safe on Monday morning, when I put them by - this was Wednesday; I had locked my box, and had the key in my pocket - the box was in my bed-room when I went out; I did not see the prisoner again till the 12th of August, when he was taken - they brought him to me; I have never found my things.

Prisoner. Q. Did you hear me up stairs? A. Yes; I heard you go up; I did not see you.

ELIZABETH GARRETT . I am the wife of George Garrett. The prisoner and prosecutor lodged in our house in Compton-street: I was in bed when the prosecutor went out, and did not hear him go - but the prisoner awoke me as he went out by slamming the door - I sleep down stairs; both Taylor and the prisoner used to leave their keys behind the door for me; I got up at seven o'clock, went up at half-past seven, looked behind the door, and Taylor's key was gone; I immediately went up, and found the door open, and the key in the lock - I missed his box the moment I entered the room - the prisoner was gone then; I do not exactly know at what time he went, but he awoke me with shutting the door.

Q. How do you know it was him? A. The prosecutor goes out at six o'clock, and it was after six - I did not see him: he had lodged with me for ten months; and the prosecutor a year and a half. When I missed the box, I was alarmed, and called Stillwell, a lodger; I did not go up to the prisoner's room till the prosecutor came - I then found the box close to the prisoner's door, which was locked, and the key behind the street door - I opened it, and found a chisel in the room, which the officer tried on the 12th, when the prisoner was brought home; I did not know of his going away; he owed me 5s. for a fortnight's lodging.

Prisoner. Q. Did you see me go out? A. No; I had another lodger up stairs - it was Stillwell and his family.

THOMAS STILLWELL . I am a gas-lighter, and lodge at Garrett's, in the first floor front room. On the 6th of August, about a quarter or ten minutes to six o'clock, I heard the prisoner call Taylor - I then heard him go up to his own room; I heard Taylor go out of his room about five minutes to six o'clock - and about half-past six I was awoke by a lumbering noise over my head - I awoke my wife; the noise lasted about ten minutes - it was like a shaking about; and a few minutes afterwards I heard a person come down stairs from the second floor; I cannot say who it was - nobody but the prisoner slept on that floor; I heard of the robbery about half-past eight o'clock, and went up stairs with the landlady - we found the box broken open, just by the prisoner's door: I saw the chisel found - it was not tried that day.

JOHN HODDINOTT . I am a constable. On the afternoon of the 12th of August, I was fetched to Garrett's house, and found the prisoner there; Taylor gave him in charge - Fletcher and Stillwell were there: I searched the prisoner and found 14s. in silver on him - there were three half-crowns, the rest in shillings and sixpences; the chisel was given to me - I tried it and it exactly fitted the marks on the box; I asked the prisoner, in the house, if the chisel was his - he voluntarily said it was: it is a common one, but what I call a centre chisel, not a flat one - it is fit for wrenching anything; it is bevilled each way: I asked where he had lodged since he was absent - he said "At the Nag's Head public-house, opposite Whitechapel church."

Prisoner. Q. Are there no more chisels of that size in London? A. No doubt there are.

RICHARD FLETCHER . I am a porter and am Barrett's brother-in-law. I have seen the prisoner several times at his house; I met him on the 12th of August, in Somerset-street, Whitechapel; I asked why he left his lodging - he said he had no money to pay for them; and had brought his things away, or they would be stopped for the rent: I said I wished him to come back with me, as there was a disturbance at the house, and he came back; I did not say what it was about - we sent for an officer, and gave him in charge; he went readily with me; I had not told him there was a charge against him.

Prisoner. Q. Did you not say, Taylor wanted me, because he had lost a box from his room? A. I did not- I said nothing about taking him for felony.

MRS. GARRETT. A young man lodges in my cellar, with his mother and supports her - they have been there

six years; I know he was in bed and asleep at the time - I sleep one room above them.

Prisoner's Defence. I left my lodgings because I was getting short of money; I had left once before, and when I turned myself round, I came back and paid them - she had told me if I took them out any more, she would swear a robbery against me; I paid her 5s. to redeem them: they swore at Hatton-garden that the box was found in my room, then said it was on the landing-place, and when they found they were swearing false, they brought the chisel and said they found that in my room - one said the door was locked, and the other that it was not; if it was locked, the same key that locks a door, will unlock it again. There is a suspicious character lives in the cellar - she swore at Hatton-garden she had no lodgers but those up stairs: this man goes out every night, and comes home at all hours, and brings others with him - they are concealed there till night approaches, and then go out on their prey.

ELIZABETH GARRETT re-examined. He left my house just before Christmas, and owed me 18d. - he returned some time after and paid me: he never had anything to take away, but what was on his back.

Q. Did you ever tell him, if he ever took his things away, you would swear a robbery against him? A. I believe I did, in the beat of passion once - he gathers old clothes and once brought them home; he owed me 8s., and I believe I said so.

THOMAS STILLWELL . The prisoner complained of his loss, about half-past eight o'clock in the morning.

NOT GUILTY .

Reference Number: t18280911-42

Before Mr. Baron Vaughan.

1599. WILLIAM FARROW and FREDERICK CRAW were indicted for feloniously breaking and entering the dwelling-house of James Attfield , on the 29th of July , at Ealing, alias Zealing, and stealing therein 25 yards of linen, value 4l.; 7 spoons, value 28s.; 2 handkerchiefs, value 10s.; 2 table-cloths, value 12s.; 2 coats, value 2l.; 1 hat, value 10s.; 2 shirts, value 10s.: 2 pairs of stockings, value 4s.; 6 yards of calico, value 4s.; 1 blind, value 4s.; 3 neckerchiefs, value 7s.; 4 night-caps, value 6s.; 1 night-gown, value 2s.; 1 shawl, value 5s.; 1 pin, value 8s.; 1 tea-caddy, value 3s.; 2 razors, value 5s.; 4 thimbles, value 4s., and 1 snuff-box, value 5s. , his property.

MR. ALLEY conducted the prosecution.

JAMES ATTFIELD. I live at Old Brentford, Middlesex , and keep the house - I am a coachman . On the 29th of July I went to bed at half-past ten o'clock at night: every thing was then safe - I got up a little before six o'clock in the morning, came down, and found the door at the bottom of the stairs fastened - we never fasten it; I then went up stairs to the back bed-room, looked out of window, and saw my kitchen windowshutters broken open, and the window open - the shutters had been forced by a crow-bar, about an inch in width apparently; the impression was about an inch long - I examined my house, and missed all the property stated in the indictment (enumerating it), the value of which was about 18l. or 19l.; I have since seen the tea-caddy and handkerchief. In consequence of information, on the night of the 1st of August I watched with the constable, and two witnesses, at a hay-rick in Mr. Boswell's field, at Brentford, and about ten o'clock saw two persons come towards the rick: we had been watching about a quarter of an hour - I believe the prisoners to be the two persons; I am certain of Farrow - I heard one say to the other."That gate is open;" they then said one to the other, "There is that box, you know;" they got over the rails, and into the rick-yard - Farrow went to the hole in the rick where the caddy was - he took it out, put it in again, and said, "Nobody has been here;" it was a light night - I am certain of Farrow; I knew him before; he left the caddy there, and then they went to where the phosphorus-box and centre-bit were; and when Farrow put his hand into the hole, he said, "D-n my eyes;" he took out his centrebit and phosphorus-box - they then went round to the back part of the rick; then came by, and passed me, got over the rails, and ran up the field as hard as they could - we all three pursued them; I do not know that they had seen either of us - and as I ran up the garden, I fell; and when I got to the garden-gate I found it shut - I saw no more of them that night.

Cross-examined by MR. BODKIN. Q. You talk of the place where the caddy and phosphorus box were - had you been there before, and seen them? A. Yes, about a quarter of an hour before; and in consequence of finding them there, we were watching - I had not told other people that they were there; Dickinson and Theak, who were watching, had told me of it; I went to watch with them, and the prisoners were the first persons who came - I was stationed at the near side of the rick - it is a common hay-stack, with four sides to it; Theak and I were on one side, and Dickinson was more in front, so as to see the end, and the side where I stood - the caddy was at one side and the phosphorus-box and centre-bit, at the end - I could see the side and the end where I stood; I have known Farrow two or three years; it was a light night; I speak to their persons, not their voices - they did not see us they came towards us - I saw Farrow's face full, but not Craw's - I saw Farrow twice; he came twice to the side of the rick I was on; he came first for the caddy, then went round for his companion; both got over the fence, close by me, and ran up the field - I cannot say whether they saw me.

COURT. Q. What means have you of knowing Craw? A. I am not positive of him.

JOHN THEAK . I am servant to Mr. Mayo, a butcher. On the 1st of August, about four o'clock in the afternoon, I found a tea-caddy, phosphorous-box, centre-bit, and pocket handkerchief in the hay-rick, and took them to my master, and by his direction I brought them back to the rick, and placed them where I had found them; about nine o'clock one of our men went with me; he is not here - I joined the prosecutor and Dickinson to watch, two men came to the rick - I cannot swear to them; one of them took the tea-caddy out, and put it back again - the other one was a goodish bit from him at that time - I saw nothing more done to the rick.

Cross-examined. Q. I suppose you looked at them as hard as you could? A. Yes, as far as I could see them.

MR. ALLEY. Q. You did not know them before? A. No.

JOSEPH DICKINSON . I am a constable. On the night in question, I was watching with the prosecutor and Theak - I saw both the prisoners come to the rick; Farrow I can swear to, the other I cannot positively swear to: they came up about a quarter-past ten - the first word I heard Farrow say was, "There is the box, you know;" they came up to the rick, and one of them said, "This gate is open;" I had left it open myself on purpose - one of them then said "Let us go through this gate;" the other then said "No, we will get over this corner." I saw them go to three separate places in the rick, and put their hands in, but whether they took anything out, I cannot say - Farrow went to where the caddy was; they then went to where the phosphorus-box and centre-bit were, which was about the middle of the rick, at the back - one of them (I believe it was Farrow,) said "D-n my eye;" they went to the further corner, where the handkerchief was, and put their hands to the rick again - they made no remark there; they came back again to the phosphorus box and took that away - I saw them do that; they went out by the corner, where Attfield, and the boy(Theak) were; they walked down the field - I pursued them down the garden; I went rather fast after them, as Attfield did not pursue them; I followed them through the garden, till I came within ten yards of Mr. Boswell's garden gate - I there heard the gate go too; I heard them come out of the field gate, and stopped till they came by the gates - they walked; I went and looked in the direction they were going; they were still walking; one of them said to the other "Let us go and have a drop of beer here;" the other said "No, it is very bad;" I went in front of them, pulled out my staff, collared Farrow with one hand, and the other with the other - I holloed for assistance; I am certain I collared the two men who came from the rick, and have every reason to believe Craw was the other - I only lost sight of him in going down the field; I had lost sight of them at the first oaset - they had gone about five hundred yards before I collared them; Farrow, finding nobody come to my assistance, said "I won't be handled;" he directly caught hold of my staff with both hands, and tried to wrench it out of my hand - I was obliged to let go of the other to hit him, and both escaped for that night; I did not see either of them again till the 5th of August, when I saw Farrow at Brentford; I have every reason to believe he saw me; I was about a hundred and fifty yards from him- he was with two girls; the moment he saw me, he ran up Drum-lane - I followed him through the Lion yard, and as soon as he saw me he ran away; I pursued, and never lost of him for a quarter of a mile, then he turned down an alley; I pursued him - he went across the canal though the water, swimming part of the way - I went over the height, and was searching for him for a quarter of an hour, and then found him in custody; he was very wet all over - I am sure he is the man I had seen at the rick; I have known him from a boy, and am certain of him. I apprehended Craw last night at Hounslow, at the Cricketers public-house, about a quarter-past eight o'clock.

Cross-examined. Q. You say the persons went to three distinct places on the rick? A. Yes. First to where the caddy was, then to the phosphorus-box, and then to the handkerchief; one of the witnesses could not see the last place; I am certain they walked away - they did not run till after I collared them; I never saw them run till after they got from me; I collared them in the road - I never said they went through a wood - they were in a field and I in a garden; I lost sight of them then.

Q. And coming into the road, you found two men walking deliberately? A. Yes.

JAMES ATTFIELD. This tea-caddy and handkerchief are mine, and part of the things taken that night; I saw the caddy in the house the same night; I am confident it was on the table in the parlour, as I passed through to go to bed; I do not know when I saw the handkerchief - it might be a few days before - the door opening from the kitchen to the parlour, was found open - whether it was shut the night before I do not know; I am certain I fastened the house up myself before I went to bed; I found the kitchen door put against the stair foot door to prevent my coming down.

Cross-examined. Q. You lost a good deal of property? A. Yes. I have found nothing else; the robbery was committed on Tuesday, the 29th, or Wednesday morning, the 30th - the things were found in the rick, on the 1st of August; Farrow lives with his father at Brentford; his premises have been searched, but nothing of mine found: I am a stage-coach driver.

JOSEPH DICKINSON. I searched Farrow's premises on the 5th August, when I apprehended him.

FARROW'S Defence. I never went near any bay-rick; I went by a path, by a bay-rick; I was going to Ealing to see a young man, about buying some eels; I did not see him - as I came back I met a young man, a stranger to me; we walked together and came by the rick, but I did not see any rick; when I came to the White Hart public-house, Dickinson stopped me - I asked what he wanted, he would not tell me, and I walked away from him.

CRAW'S Defence. I slept at Hounslow that night; they have made a mistake.

FARROW - GUILTY - DEATH . Aged 18.

CRAW - NOT GUILTY .

Reference Number: t18280911-43

1600. JOHN alias MICHAEL CALLAGHAN was indicted for that he, at the General Gaol Delivery of Newgate, holden for the City of London, on Thursday, the 6th of April, in the Seventh year of the present King, by the name of John Callaghan , was in due form of law tried and convicted for having, on the 18th of March, in the seventh year aforesaid, at St. Botolph-without, Aldgate, unlawfully, &c. uttered to Ann, the wife of Thomas Berry Perceval , a counterfeit shilling as and for a good one; and that he afterwards, on the 18th of March, unlawfully, &c. did utter a counterfeit shilling to John Compton , he well knowing the same to be false and counterfeit, &c.; and also for unlawfully uttering to the said Ann Perceval a counterfeit shilling on the said 18th of March, and for uttering to the said John Compton, a counterfeit shilling, on the said 18th of March, he well knowing, &c., against the Statute; and was thereupon ordered to be imprisoned, and kept to hard labour in the House of Correction for One Year, and until he should enter into his own recognizances, in 20l., to be of good behaviour for Two Years next ensuing the said One Year; and that he having been so convicted as a

common utterer afterwards, on the 26th of July , in the ninth year of the present King, at St. Bridget alias St. Bride, one piece of false and counterfeit money, made to the similitude of a piece of good and lawful current silver coin of this realm, called a half-crown, as and for a good one, unlawfully and feloniously did utter to one Lydia, the wife of Jeremiah Clark , he well knowing the same to be false and counterfeit; against the Statute, &c.

SECOND COUNT, the same as the first, only omitting the words printed in italics.

The prisoner pleaded GUILTY - DEATH . Aged 52.

Reference Number: t18280911-44

1601. JOHN WILLIAMS was indicted for stealing, on the 9th of September , 1 velvet bag, value 2s.; 1 pair of spectacles, value 2s.; 2 pairs of gloves, value 2s.; 1 card-case, value 4s.; 1 handkerchief, value 1s.; 1 sixpence, 4 pennies, 2 halfpence, and 1 farthing , the property of Thomas Whitmore .

MRS. GRACE WHITMORE . I am the wife of Thomas Whitmore. On Tuesday last, between three and four o'clock in the afternoon, I was in a phaeton, which stopped in Thames-street on account of a crowd; I was looking attentively at the crowd, and felt a slight touch, which caused me to look round - I immediately missed my velvet reticule, which contained these articles; I had seen it safe about ten minutes before; somebody called out,"Have you lost any thing, Ma'am?" - I said I had lost my bag; the coachman instantly got off.(Property produced and sworn to.)

JOHN ALLEN . I am the coachman. On Tuesday last I was passing along Thames-street, and obliged to stop for a waggon to pass; mistress said she had lost her reticule; I saw the prisoner running, and pursued him up St. Botolph-lane, and, turning the corner of George-lane he came in contact with a man, and was thrown down and stopped: I never lost sight of him - I saw his hat fall off, and the reticule fall from it, after he had turned the corner; I picked it up, brought it back to mistress, and gave him in charge.

Prisoner. I was turning up Botolph-lane, and halfway up the lane heard a cry of Stop thief! two persons turned the corner - an Irishman caught hold of me, tripped me up, and said, "What is the matter with you?" I said Nothing; and this gentleman was not round the corner for two minutes; he said the next day that he did not actually see me drop it, and Maloney said he could not say I was the man, but he stopped some man; I was put back, and this witness took him to have refreshment, and said, "Why don't you swear to him, and crush him, as I have done" - Maloney came and told me this; I asked him to state it to the Alderman - he said he would, but the officer had been to extort money.

Witness. I did say not so; Maloney said he could not swear to him - I said, "How is it that you can't swear to him when I took him from you?" I saw nobody running before the prisoner - he was the person pursued; I saw him not two minutes after the alarm.

JOSEPH ELLIS . I was in George-lane, and heard a cry of Stop thief! I saw the prisoner running - he turned the corner; Allen and others were running after him; I saw nobody before him - I stopped him myself; I did not see his hat come off - I caught him by the arm, and shoved him against the church - he fell, and I fell on him; he was then taken by others.

WILLIAM HENRY BUXTON . I received the prisoner in custody from Allen, he wished me to take him to the carriage to speak to the lady, and when he got to her he said, "For God's sake forgive me, I will not do it any more;" at the first examination, only the coachman was there - Maloney came shortly after, and would not come into the Justice room.

Prisoner. I said, "Please, Ma'am, I know nothing of what I am taken for."

MRS. WHITMORE. The coachman brought him to me - he rubbed his hands, and in an imploring way, said,"Pray, Ma'am," but what else I do not know; the constable brought him to me again afterwards, but what he said I do not know.

GUILTY . Aged 21.

Transported for Seven Years .

Reference Number: t18280911-45

1602. WILLIAM WHITTLE was indicted for stealing, on the 22d of August , 1 handkerchief, value 3s., the goods of James Gordon Duff , from his person .

JAMES GORDON DUFF, ESQ. On the 22d of August I was walking in the City - a person behind called out to know if I had lost anything; I felt in my pocket, and missed my handkerchief - it was shewn to me directly, and is mine.

DANIEL FORRESTER . On the 22d of August I followed the prisoner and two more from Newgate-street into Fenchurch-street - I there saw them close on Mr. Duff; I saw the prisoner tucking something under his coat - I crossed over and took this handkerchief from his hand and secured him - he endeavoured to throw it down.

Prisoner's Defence. I picked it up and put it into my pocket, and when the gentleman came up I took it out and gave it to him; when he took me he said he would do his best to transport me.

DANIEL FORRESTER. I said no such thing.

MR. DUFF. I did not hear the officer say anything of the kind - the prisoner called to me and said, "Oh! forgive me."

GUILTY . Aged 14.

Transported for Seven Years .

Reference Number: t18280911-46

1603. JOHN RUTT was indicted for stealing, on the 22d of July , 10 ozs. of tea, value 2s., the goods of the United Company of Merchants trading to the East Indies , to whom he was servant .

SECOND COUNT, stating it to be the goods of a person unknown.

MESSRS. BOLLAND AND LAW conducted the prosecution.

WILLIAM PHIPPS . I am in the service of the Honourable East India Company. On the 22d of July the prisoner was also in their employ, on the second floor of the warehouse in Jewry-street, Aldgate - he was at work in the delivery gang; green tea was kept there - there was some black in the warehouse above; I was on the third floor; the chests there were opened for the inspection of the brokers - I was sitting in an alley at the end of the room, and saw the prisoner come in; he went to the end of the alley, and began to rake up the tea, then put his hand three or four times into the chest, and deposited the tea in the front of his person; I then went to the counting-house and informed the elder, and he was taken into custody.

JOSEPH HINDS , I am an assistant elder. I received information from Phipps, and took the prisoner into the counting-house; I said if he had anything he had better acknowledge it - he said he had tea about him, and began taking it out of his left-hand pocket - he took out about 10 1/2 ozs; it was in a breeches pocket, about eighteen inches long - we took him to the Compter, and he cut the pocket off while he was there; I have no doubt of the tea being the same as that in the chest - there was a small quantity of green first, and then black; a chest of green on the floor he worked, on seemed as if a hand had been dipped into it - he has been fourteen months in the service, and had 21s. 6d. a week, working from seven till three o'clock.

DAVID ATKINSON . I am an Excise-officer. I was fetched, and saw Hinds taking the tea from the prisoner - it was in a bag attached to his trousers, not the pocket itself.

GUILTY . Aged 33.

Transported for Fourteen Years .

Reference Number: t18280911-47

1604. JOSEPH CLARK was indicted for stealing, on the 11th of July , 3 ozs. of tea, value 1s. , the goods of the United Company of Merchants trading to the East Indies .

WILLIAM FRENCH . I am in the service of the East India Company. On the 11th of July the prisoner was on the third floor of the warehouse in Cutler-street ; and about two o'clock, in consequence of information, I took him into the next room, searched him, and in his first pocket found a few grains of tea, but in the other pocket some gunpowder tea; there is a room on the staircase where gunpowder tea is deposited - it was of a very remarkable kind; we had no other chest of that sort open - I compared it next morning, and it corresponded with the bulk.

FREDERICK EBERHARDT . I am an officer of Bishopsgate. I was present when the prisoner was searched; he was asked what he had about him, and said he did not know - the tea was found on him; he had a whole pocket full - it was green tea; I found two more parcels in India paper at his lodging.

WILLIAM FRENCH . This paper is to be got at the India-house.

WILLIAM KEYS . I was in the privy, and saw the prisoner there; as he pulled up his trousers some tea fell out, which raised my suspicion, and I informed Mr. French.

Prisoner's Defence. I received the two papers of tea from a young man belonging to a steam-packet, as a sample, to dispose of, and put it into some paper which I had out of the warehouse; I heard next day the boat was seized - I thought it a bad concern, and threw the tea on the shelf. Every man is searched as he comes out, and it is not likely I should put tea into my pocket; every case was cleared that day; I put this into my pocket to watch an opportunity to put it into the chest; I was called away in a hurry, or I should have done so; the tea in that room is all turned into bags, and I picked this up. I have been twenty-three years in the service.

WILLIAM FRENCH . I am conductor of the warehouse. The men are all searched by two deputies, who are under me; they regularly do it, but in rubbing them down it is impossible to discover tea: there are two hundred and eighty-seven men in that warehouse - the chest did not contain more than 12lbs.; I have a sample from it, but the other being in his pocket would alter the bloom.

GUILTY . Aged 58.

Confined Six Months .

Reference Number: t18280911-48

1605. JOSEPH CANT was indicted for stealing, on the 3d of September , 1 handkerchief, value 3d., the goods of John Collignon , from his person .

JOHN COLLIGNON. On the 3d of September I was at Bartholomew-fair - the constable said I had lost my handkerchief; I felt, and missed it; it was safe half an hour before - the constable had got it; he told me to follow him, which I did, to the Compter, and saw the prisoner.(Property produced and sworn to.)

JOHN ROE . I am an officer. About nine o'clock at night I was on the pavement in the fair, and saw the prisoner take this handkerchief out of the prosecutor's left-hand pocket; I laid hold of him instantly, and took it out of his hand - I took him to the Compter.

Prisoner's Defence. On my oath I took it off the pavement. GUILTY . Aged 17.

Confined One Month , and Whipped .

Reference Number: t18280911-49

1606. SAMUEL PARKER was indicted for stealing on the 30th of August , 1 necklace, value 5s., the goods of John Hellyer , from the person of Mary Hellyer .

JOHN HELLYER. I keep the Half Moon public-house, Half Moon-alley, Bishopsgate-street . My daughter Mary has just turned two years old; this necklace is like her's.

MARY LEE . I had Mr. Hellyer's child in my arms in Bishopsgate-street , between four and five o'clock; I was looking in at a linendraper's-shop window, and did not see the necklace taken; I cannot say that I saw the prisoner there.

Q. You are sworn to speak the truth - do you mean to say you did not see the prisoner do anything? A. No, not till I saw him take the necklace off, and then the child turned round - I did not see him take it off - I did not see him unclasp it; I saw it in his right hand, and had seen it on the child's neck five minutes before; he put it into his waistcoat pocket - I walked after him, and when he crossed the new street he turned round, saw me looking round, and put it into his right-hand waistcoat pocket, and began to run- I run after him; finding I could not catch him, I touched a gentleman on the back - he followed, and stopped him, he dropped the necklace in the gutter - I did not see it dropped - a young woman behind saw it; I did not see him stopped, but I saw him in custody about five minutes after. I know nothing of his friends.

EDWARD PRATT . On the 30th of August I was opposite Farrier's-rents, Bishopsgate, and saw the prisoner run by me; Lee gave the child to a person while she ran; as the prisoner passed me he turned down Widegate-alley, and threw the beads into the gutter; I saw somebody pick them up, and take them to Sapwell at the watch-house.

THOMAS SAPWELL . I am the watch-house-keeper. On the 30th of August I took the prisoner, at the Sun public-house, where the mob had pushed him in; one of the City paviours brought the necklace up.

The prisoner put in a written Defence, declaring his innocence. He received a good character.

GUILTY . Aged 16.

Whipped and Discharged.

Reference Number: t18280911-50

1607. CHARLES STANYARD was indicted for stealing, on the 12th of August , 1 handkerchief, value 1s., the goods of James Burgh , the younger, from his person .

MR. JAMES BURGH, JUN. On the 12th of August, about nine o'clock, I was in Skinner-street - two men passed me- one said something, which I did not hear; a man came up, and told me my handkerchief was gone; I immediately missed it, and saw it next day at Guildhall.(Property produced and sworn to.)

BENJAMIN CHARLES MURRAY . On the 12th of August I was in Skinner-street, and saw the prisoner take a handkerchief out of the prosecutor's pocket; I crossed over, touched Mr. Burgh on the shoulder, and told him he had lost a handkerchief; I followed the prisoner - he ran: I called Stop thief! the watchman knocked him down; I secured him forty or fifty yards off, in Cow-lane, without losing sight of him.

Prisoner. Q. Which hand did I take it with? A. Your right hand; it was in the gentleman's left-hand pocket.

JAMES WILLIAMS . I am a watchman. I took up the prisoner at the bottom of King-street, Snowhill, formerly called Cow-lane: Murray was calling Stop thief! after him - I knocked him down.

THOMAS ROBERTS . On the night of the 12th of August, I saw the prisoner in Holborn, with another boy, following a gentleman and lady, and in Skinner-street, I saw him take a handkerchief out of the prosecutor's pocket, (he had a lady with him) I was with Murray - they ran different ways.

Prisoner. Q. Why not come over and take me? A. Murray ran after you - I went to the gentleman.

CHARLES HUNT . I am a glazier, and live in Hosier-lane. I was coming up Snowhill on the night of the 12th of August, and heard a cry of Stop thief! and saw the watchman knock a man down; I picked up a handkerchief about five minutes after he was taken away, and gave it to Pike, the beadle - it was close to the spot where he was knocked down.

WILLIAM HENRY HOOKER . I am a constable and took the prisoner in charge - Pike the beadle, gave me the handkerchief.

Prisoner's Defence. I work hard for my living - I came home from my aunt's, and in Skinner-street a man called Stop thief! I turned into Cow-lane, and was running after him, when I was knocked down, and the young man, I suppose, threw the handkerchief down.

GUILTY . Aged 19.

Transported for Fourteen Years .

Reference Number: t18280911-51

1580. ELIZABETH FREEMAN was indicted for bigamy .

The prisoner pleaded GUILTY , and entered into her own recognizances to appear for Judgment when called upon

Reference Number: t18280911-52

1609. WILLIAM HARVEY LEDGE was indicted for feloniously breaking and entering the dwelling-house of John Crawford , on the 8th of March , and stealing 160 umbrellas, value 160l.; 50 parasols, value 37l.; 2 silver cups, value 12l.; 3 tea spoons, value 27s.; 2 salt spoons, value 3s.; 2 gravy spoons, value 20s.; 20 sovereigns, and one 20l. Bank note , his property.

JOHN CRAWFORD . I live at No. 28, Cheapside. On the 8th of March, I went to bed about ten or eleven o'clock at night, and saw my premises shut up; and in the morning, when my brother came down stairs, he alarmed me - on coming down, I found the shop broken open and completely stripped; I lost the articles enumerated in the indictment, in value between £200. and £300.; I heard nothing of them till the officer called about a fortnight ago - I went to the pawnbroker's in consequence of a duplicate, and found one of my umbrellas: I have traced nothing else, but I believe a bludgeon or life-protector produced to me, is mine - it is the same description as I sell, and was in my shop; my premises were entered by skeleton keys.

Cross-examined by MR. PHILLIPS. Q. Had you any mark on that life-protector? A. Not particularly - I cannot positively swear to it.

JAMES HENRY WILLIAMSON . I have an umbrella which was pawned with me by the prisoner, on the 23d of August.

ROBERT TYRRELL . I am an officer. I heard of this robbery, and have been on the look out ever since - when I apprehended the prisoner I found in his fob two duplicates, one for an umbrella pawned at Williams', for 9s., the other for a coat and trousers; I afterwards searched his lodgings, and found this life-protector and some skeleton-keys - he afterwards said the umbrella was his own property.

MR. CRAWFORD. This life-protector was sold at my shop; I only lost one umbrella of this sort.

NOT GUILTY .

Reference Number: t18280911-53

1610. AMBROSE LILWALL was indicted for stealing, on the 16th of July , 1 handkerchief, value 3s., the goods of William Johnston , from his person .

WILLIAM JOHNSTON. On the 16th of July, about twelve o'clock, I was in Fleet-street , looking in at a print-shop window; I felt some person's hand in my pocket, turned round, and saw the prisoner running away: I took him, and found the handkerchief in his apron; when I asked if he had got it he said not, but when I found it he said, "I picked it up." I find he bears a good character - his master is a coach-builder.

JOHN BRINDLEY . On the 16th of July, I was with Johnston; I felt a touch at my pocket, turned round, and saw the prisoner close behind me; I said nothing to him; in a minute after Johnston, turned round and missed his handkerchief - we followed the prisoner, who walked away, and found the handkerchief in his apron.

HENRY WEEK . I am a constable, and took the prisoner.(Property produced and sworn to.)

The prisoner received a good character.

GUILTY . Aged 14.

Whipped and Discharged.

Reference Number: t18280911-54

1611. HENRY GOODWIN was indicted for stealing, on the 4th of September , 1 handkerchief, value 4s., the goods of Alexander Brown , from his person .

ALEXANDER BROWN. I am a picture-frame maker . On the 5th of September, I was passing through Bartholomew fair , at half-past nine o'clock in the evening, I felt a sudden pull at my pocket, turned round, and took hold of the prisoner's hand - he immediately dropped my handkerchief; I picked it up.

Prisoner. The property was found two yards before you, and I was behind you. Witness. I saw you drop it, and picked it up; there was nobody before us - he was close behind me; I put my hand round, and caught his hand before I even saw him.

JOHN BELTON . I am an officer. I saw the prosecutor pick the handkerchief up, close to the prisoner's feet.(Property produced and sworn to.)

GUILTY. Aged 16.

The prisoner received an excellent character, and was recommended to Mercy .

Confined Three Months .

Reference Number: t18280911-55

FIFTH DAY. TUESDAY, SEPTEMBER 16.

Second Middlesex Jury - before Mr. Sergeant Arabin.

1612. JOHN HOLDEN was indicted for breaking and entering the dwelling-house of Ann Curtis , on the 6th of September , and stealing 1 handkerchief, value 1d., 17 shillings and 3 sixpences , her property.

ANN CURTIS. I live in French-alley, Golden-lane - I occupy a room on the first floor; the landlord does not live in the house. On the 6th of September I was taken very ill with a pain in my side, and went to lay down - my two grandchildren were with me; I had taken a glass of liquor, and ordered a person to lock the room door; I laid down between four and five o'clock, and continued on the bed till dusk, when I was alarmed by a little boy crying - I found my box broken open, and my money all gone; it stood close to my bed-side - I lost 18s. 6d. out of it, and a handkerchief; it was all safe when I went to bed, and the box locked - I saw nobody in the room; I cannot tell how they got into my room - the prisoner has lived with a daughter of mine these four years - she is a very bad girl, and I never suffer her to come to my room; I never suffered the prisoner to come into my house.

Prisoner. I had some chairs in her room, and frequently went up there.

PROSECUTRIX. He had no chairs there; I made him take them away.

ROBERT YOUNG . I am eight years old - I remember my grandmother going to bed ill in the afternoon; the prisoner came to the door, and opened it with great force; it was fastened before - when he got in, he took a white handkerchief out of my grandmother's box - he broke it open in a moment; I do not know what with - he shut the door after him, and went away; I awoke my grandmother, and told her.

Prisoner. His aunt Ann was in the room; I gave him a halfpenny to buy some bird seed. Witness. My aunt was in the room before he came.

ANN CURTIS. My money was tied in the corner of the handkerchief - I never told him where I kept it; he often said he should like to see the inside of my box - I did not see my daughter in the room - she had been there in the course of the day, and left me; this boy's mother was the last person in the room - she has lived with me these seven years.

Q. Was your daughter, who cohabits with the prisoner, in the room that evening? A. She called up that day to see her mother - she went away just before I went to lay down; the boy awoke me quite at dusk - I did not see the prisoner in the room; I was asleep, but not drunk.

HENRY SHELDRAKE . I am a constable. I examined the premises, and found an impression on the door-post; the staple of the padlock had been drawn - the room door was fustened with a padlock; the prisoner was brought to me on Sunday - I found 14d. on him - he said it was given to him - he was very much in liquor.

ANN CURTIS. My daughter fastened the padlock - she is this boy's mother.

NOT GUILTY .

Reference Number: t18280911-56

1613. MARY KEEFE was indicted for stealing, on the 1st of August , in the dwelling-house of Thomas Potts , her master, 4 stockings, value 2s.; 1 handkerchief, value 3d.; 1 yard of ribbon, value 1s.; 4 doyleys, value 8d.;1/2 of a yard of cotton, value 1d., and 10 sovereigns , his property.

SOPHIA POTTS . I am the wife of Thomas Potts. We keep the Royal Oak public-house, Red Lion-passage - the prisoner was about five months in our service - I found a pair of stockings, marked with my name, under her pillow - I had lost the stockings out of a drawer, in my daughter's room, three weeks before; we have no lodgers - it was possible for a man to get up stairs in the day-time; I found two odd stockings under her bolster - I had lost the two pair; I let them remain - I looked under the bolster next morning, and found two more odd ones of my daughter's, marked with her name in full - I then sent for Duke, who searched her box, and found two handkerchiefs, some ribbon, and other things.

ROBERT DUKE . I found these things in the prisoner's box.

MRS. POTTS. Here are four stockings, a handkerchief, and this piece of ribbon, which I know to be mine - the sovereigns were in the same drawer.

Cross-examined by MR. PHILLIPS. Q. When the sovereigns were lost, did you not tell her about them? A. Yes, I had so much confidence in her; she did offer me her keys to search her box; she said it was unpleasant to be suspected, and cried - I said, I was sure she would not rob me of a needlefull of thread I had such a good opinion of her - she had lived with the people who kept the house before; they discharged her, and I not having a servant, kept her; one or two young men used to come to talk to her - I have a daughter, but no man comes to see her - the handkerchief was marked, and here is where the threads have been picked out; I have the roll the ribbon was cut from; one stocking was found in her box, and the rest in her bed.

COURT. Q. What do you say about the ribbon? A. The Magistrate matched it with the roll; it tallies exactly, and the quantity is the same as is missing.

MR. PHILLIPS. Q. Did you not offer that if she would confess her guilt, you would not prosecute her? A. I did before she was committed; I said I was particularly fond of her, and if she would confess her guilt I would not appear against her; her father came afterwards, and said he did not think I should go on with it - I said, I must go on, as he had gone to the extreme; she did not confess - I did not wish to prosecute.

Prisoner's Defence. She wanted to introduce me to a gentleman; she is as bad as any unfortunate girl, or she would not bring another man up to her bed instead of her

husband; a man said it would be 5l. in my pocket if I would not expose her: the stockings were in another room, among some rubbish; she should be in prison instead of me.

SOPHIA POTTS . On my soul and oath it is all false; if the prisoner can prove that, I am to be censured.

ROBERT DUKE . I found the ribbon, handkerchief, and one stocking in the box, and three stockings in her bed; when I pulled out the ribbon she said she had purchased that at a shop herself; she opened the box herself with a key.

DENNIS KEEFE . I am the prisoner's father. The prosecutrix told me if I would advise my daughter to acknowledge her guilt she should not appear against her to do her any harm.

GUILTY. Aged 22.

Of stealing to the value of 99s. only .

Transported for Seven Years .

Reference Number: t18280911-57

First London Jury - Before Mr. Justice Gazelee.

1614. HENRY BURGESS was indicted for that he, on the 12th of July , at St. Mary-le-Bow, feloniously did falsely make, forge, and counterfeit a certain order for payment of money, which said false, forged and counterfeited order, for payment of money , is as follows (i. e.)

No. 15, Lombard-street, London, July 12, 1828. Sir William Curtis, Bart., Robarts, and Curtis, pay Mr. T. Henderson or bearer, Thirty-five Pounds, for

£35. 08. 0d. WM. and GEO. BORRADAILE. with intent to defraud Sir William Curtis , Bart., and others, against the Statute.

SECOND COUNT, that he, on the same day, at the same parish, feloniously did utter and publish, as true, a certain false, forged, and counterfeited order, for payment of money, he well knowing the same to be false, forged, and counterfeited, which said false, forged, &c. order is as follows (setting it out as above) with intent to defraud the said Sir William Curtis and others; against the Statute.

THIRD AND FOURTH COUNTS, like the first and second, only stating the prisoner's intention to be to defraud William Borradaile and another; against the Statute.

MESSRS. BRODRICK AND CLARKSON conducted the prosecution.

WILLIAM BRACKET . I am clerk to Sir William Curtis and Co., bankers , of Lombard-street; the firm consists of three partuers; Messrs. Borradaile keep an account at our house, and very frequently draw money by cheques. On the 12th of July a cheque, purporting to be drawn by them, was presented by Henry Higgins , about half-past four o'clock in the afternoon; I received the cheque from him - this is it (looking at it;) it is drawn for 35l., and signed W. and G. Borradaile: on looking at it I suspected it to be not genuine - I asked Higgins what he would take for it; he hesitated very much, and gave me noanswer: in consequence of a conversation with him I sent a porter into the street, and he brought the prisoner Burgess in - I knew him immediately, and said, "You belong to Messrs. Borradaile's;" he said, "I do not:" he had been very frequently at our house before, from them - I said, "You have been very frequently in the habit of coming to our house to receive money - I have paid you money frequently myself;" he said he never was in the habit of coming to the house at all - those were his words; not that he had never been there: I am certain he has very frequently been there - I had very often paid him money at the counter: nothing further passed between him and me - an officer was sent for; he and Higgins were both taken into custody. I very often pay Messrs. Burradaile's cheques, and I should say this cheque is not their handwriting.

Cross-examined by MR. BODKIN. Q. Your firm consists of three persons - does it not often happen that the senior partner allows his name to remain, when he has no interest in the business? A. It may be so, Sir William Curtis is a partner - the cheque has not been in my possession ever since; I know it by my initials on the back, which I put on at the time, after I had questioned him - I did not keep it a minute after it was presented; I gave it to the solicitor; I did not put my initials on it when I first parted with it - I do not recollect whether I did it the same day or not, as it was near the close of business; I do not think I did put them on the same day - I knew the cheque when it was put into my hands, from the filling up and the writing; I suspected it when it was first produced.

Q. Did Higgins' manner increase that suspicion, or otherwise? A. It increased it - he hesitated very much in his answer how he would have it; I did not send him to fetch the prisoner - he was detained; the prisoner said he did not belong to Messrs. Borradaile's; I have since heard that he had been discharged that morning - his answer was so far correct; he said he had not been in the habit of coming to the house; I did not ask his name - I knew his person well; the porter was present at this conversation.

MR. CLARKSON. Q. It was about half-past four o'clock when Higgins brought it? A. It was; I sent for a constable, but not immediately; I had some little conversation with Higgins previous to my sending out to Burgess - a little more conversation passed than I have mentioned; I kept the cheque in my hands till the boys were taken up - it then got into the hands of the solicitor; I gave it into the hands of our head clerk, Mr. Stevens - he did not return it to me; I had not then marked it - I cannot positively say whether I marked it that night or on Monday morning, (this was on Saturday).

Q. After you put it into Mr. Stevens' hands, did you see it again? A. I think on Monday morning, but am not certain; I have not the least doubt of having put my initials on the same cheque - this is the same cheque; the prisoner said he was not in the habit of coming to our house at all, and said he did not come from Borradaile's- I did not ask him if he had ever belonged to Borradaile's; I said, "You belong to Borradaile's."

COURT. Q. Do you recollect when you first saw the solicitor? A. I think on the Saturday afternoon, but I had no conversation with him; I was busy, and do not remember.

HENRY HIGGINS , JUN. My father is a waterman, and lives at No. 18, Gedling-street, Dockhead. I have known the prisoner about three months - he came to me on Saturday, in July, at Bankside - he asked me if I was going over the water, and then he asked if I would give him a cast over; I did so, after asking my father's leave; when we got over my father stepped out on the stairs, and then told me to moor the boat - the prisoner and I went over Three Cranes-wharf, and when we got up into Queen-

street, he asked me to go a little way with him, he should not be above ten minutes or a quarter of an hour; I said if we should not be longer I would go; when he got up two or three lanes, he asked me if I would go in there with a piece of paper - he pointed to the house, where I went in, and gave me a piece of paper.

Q. What did he ask you to do? A. He asked me to go in there with a piece of paper, and say, "Short," for he was going somewhere with a letter; I was to take the paper in there, and put it on the counter and say"Short."

Q. If you got anything, what were you to do? A. To bring it to him; he said he would be outside by the time I came out - he gave me the paper; I took it into the house; the clerk asked me what I would have - I said"Short:" after some conversation the prisoner was fetched in - I told the clerk, Burgess was outside: I put the same paper down to the clerk, as the prisoner gave me; I laid it on the counter.

MR. BRACKET. The term, "Short," means the smallest number of notes.

THOMAS HIGGINS . I am father of the last witness. On a Saturday in July I remember going with my son across the water - when I came to the water side. Burgess was with my son, and I went over the water with him - I stepped out on the stairs, leaving my son to make the boat fast.

Cross-examined. Q. Did you hear who proposed to the other to go? A. No - I stepped out on the stairs; they crossed some other boats to the wharf; I did not hear them say a word - they shoved the boat from the steps to make the rope fast.

COURT. Q. Did you know of your son being taken into custody? A. I heard of it on the Sunday morning, the day after.

THOMAS BENGOUGH . I am porter to Sir William Curtis & Co. On the day in question a Saturday afternoon,(I think it was the 14th of July,) between four and five o'clock, I saw Higgins in the banking-house; he had a conversation with Mr. Bracket, who sent me to the corner of Abchurch-lane, which is at the corner of our house - I there found the prisoner, whom Higgins had described; I found him by Higgins' description; he had a hairy cap and the same jacket on - I do not know that I had ever seen him before.

WILLIAM RRODES . I am a constable of the Mansion-house. On Saturday, the 12th of July, I was fetched to Messrs. Curtis' banking-house, and took the prisoner into custody, and young Higgins with him, for presenting a forged cheque of 35l.; when I went in, the prisoner, in my presence, stated to Mr. Gates, that Norris, the foreman of Messrs. Borradaile's, had sent him with the cheque to the banking-house: I took them both to the Mansion-house, then went over the water, saw Mr. Norris, and brought him to the Mansion-house, where the prisoner and Higgins were in custody; nothing was said to him in my presence - Brand. the marshalsman, was there.

Cross-examined. Q. When you were there, Mr. Gates, the solicitor for the prosecution, was there? A. Yes - the prisoner made the statement about Norris in about two minutes after I got there; they were talking when I went in.

Q. Was it in answer to a question from Mr. Gates? A. Nothing was said at the moment - I did not hear a question put; I do not know that Mr. Gates was examining him - they were talking.

MR. THOMAS GATES . I am solicitor to the Committee of London Bankers; this prosecution is carried on at their instance. On the 12th of July I was fetched to the banking-house of Messrs. Curtis - the prisoner and Higgins were there; at the time of my going into the counting-house a conversation was going on between Burgess, Higgins and a gentleman there, who, I think, was Mr. Stevens; the conversation ceased as I entered, and it was stated to me that there was a forged cheque brought in by the two boys, and I was requested to do what was needful; the cheque was produced to me - it was between four and five o'clock; the cheque was lying on the desk before them; I questioned Higgins, who, I understood, had brought it in, and he stated, in the presence of the prisoner, the facts he has now given in evidence; finding Burgess had given it to him, I told him the serious consequences of the offence, and cantioned him against stating anything to me that might affect himself, and told him to state nothing but the truth; I then asked him from whom he had the cheque - he said from Norris, who was the foreman of Messrs. Borradaile's; that he had received it from him that morning, and was to take him the money for it in the afternoon; I then asked if he was quite certain that Norris was the person from whom he had received the cheque (taking the cheque in my hands) - he said he was; I took it into my possession, and kept it till Monday morning, when I went to the Mansion-house, and I think it was then Bracket put his initials on it; it had not been out of my possession before then.

Cross-examined. Q. This prosecution is by the Association of Bankers? A. Yes; I was sent for as their solicitor; Mr. Stevens was in the room when the conversation took place - he might, or might not, hear the cantion I gave the prisoner; there are one or two desks in the office; Mr. Stevens was at the end of the office and busily engaged - it was cancelling time, but it is possible he might have heard it; when I entered the room he was about as far as I am from you, and said to me, "These are the lads who brought the cheque, will you attend to them" - he then left that desk, and went to his own desk: I told the prisoner what he said would be given in evidence, and more particularly, if he told an untruth it would be more prejudicial to him; I always make it a rule to caution a person before I ask a question - I told him it would be more detrimental to him if he told an untruth, and then he said Mr. Norris was the person who gave it to him; I told him it would be a serious thing if it was not so - he replied that Norris was the person; I think Mr. Bracket put his initials to the cheque at the banking-house previous to my going to the Mansion-house about eleven o'clock in the morning - it had been in my possession till that time; it lay on the desk on my entering the house.

COURT. Q. You say Mr. Stevens retired from that desk to his own - whose desk was he standing at at the time? A. I cannot say - it was one of three or four desks which stand in a room; Bracket was not there; Rhodes entered the room at the time the conversation was going on.

MR. BODKIN. Q. Do you mean to say Rhodes heard what the boy said about Norris? A. I should think he could not help hearing it; he was as near as I am to you: I think I made a memorandum of what the prisoner said - I have no memorandum about me; I speak from memory - I sent for Norris to be taken into custody.

WILLIAM BRAND . I am a marshalsman of the City. On Saturday, the 12th of July, the prisoner and Higgins were placed in my custody - I had a short conversation with the prisoner, he was charged with uttering a forged cheque: I had heard him say, in the office at the Mansion-house, that he had received it from Norris - that was before he was examined, not when he was under examination.

Q. How happened he to say that? A. I believe the question was asked him by somebody, I think by Mr. Gates; and an officer was despatched for Norris - Mr. Gates left the place, desiring me to take care of the prisoners; during his absence I was speaking of the enormity of the offence - I did not say anything to induce him to make a statement - I asked how he could be guilty of such a thing, if the charge was true against him, which I hoped he would prove not; he said he had the cheque several days in his possession - I said, "Then how is it that they would suffer a cheque to lay in your possession, and not call for the proceeds before" he said he had had cheques lay in his pocket for days before, and it happened so in the hurry of business sometimes; nothing further passed - I searched him on Mr. Gates' return, which was in about half an hour, and found on him three cheques, with the names signed to them, but the sums blank - these are them(looking at them) they were in his left-hand jacket pocket, with other papers; I produced the cheques, and Mr. Gates, I believe, put some questions to him - he said he had them from a boy named May, who (he said) was in Messrs. Borradaile's employ, in the counting-house; May was sent for - Norris afterwards came to the Mansion-house, and, I believe, the first words Norris said, was, "You know, Burgess, you were discharged from Messrs. Borradaile's," for some reason; I believe Mr. Gates asked Norris, in the prisoner's presence, if he had given him the cheque; Norris denied it, and said he had not given it to him; and denied that it was the signature of the firm - the prisoner was then dumb - he made no answer; he heard what Norris said: May was afterwards sent for.

Cross-examined. Q. Do you mean that the whole of this took place before you went before the Magistrate? - A. Yes; he did not go before the Magistrate that day: Mr. Gates first came to the Mansion-house about five o'clock.

Q. Did Mr. Gates, on seeing him at the Mansion-house, desire to know from whom he had the cheque? A. Yes - he did not say he had already heard from whom he had it; I do not think anybody was present when I talked with the prisoner; I believe he is sixteen or seventeen years old; I knew the charge affected his life.

Q. And after "enlarging on the enormity of the offence," you questioned him? A. I put this simple question to him - I did not tell him his answers would be given in evidence against him, it not being my original charge.

BENJAMIN NORRIS . On the 12th of July I was foreman to Messrs. William and George Borradaile, and am so still. The prisoner was in their employ, and left on the morning of the 12th of July; I am acquainted with Messrs. Borradaile's hand-writing - (looking at the cheque) this is not in the hand-writing of any of the firm, nor any part of it; no other persons are authorized to draw cheques in their names; I did not give this cheque to the prisoner on that day, or at any time; I have been in Messrs. Borradaile's employ ever since I left school, about thirty-five years; before the present gentleman came into the house. I know nothing whatever about the cheque; I know very little of the prisoner's hand-writing: I was sent for to the Mansion-house on the 12th of July, about six o'clock in the evening - I saw the prisoner and Higgins there.

Q. During the time the prisoner was in the service of your employers, had he ever been sent to the banker's? - A. He was repeatedly sent to Messrs. Curtis', not less than twenty times; I was asked, in the prisoner's presence, whether I had given him that cheque, and said certainly not; part of the prisoner's employment was to clean the counting-house out; the cheque-book sometimes was kept in the pigeon-holes, where memorandums are placed, and when he was cleaning the counting-house he might have access to the cheque-book.

Cross-examined. Q. How long have you been in the prosecutors' service? A. Since 1793; I superintend the manufactory - I am confident I never saw that cheque; there are several firms named Borradaile in London, but not Borradaile only; I never knew our firm sign blank cheques - two other clerks and a lad named May had access to the cheque-book, as well as the prisoner; the warehousemen have no business in the counting-house, but they might have access to it. I have sent the prisoner to Messrs. Curtis' many times; I believe he came into the employ in October, 1826; he has been with us nearly two years.

ALFRED MAY . I am in Messrs. Borradaile's employ, and have been so since November, 1827. I never gave the prisoner these three cheques; I know nothing of these three; the day before he left the service I saw him take two cheques out of the cheque-book, which laid on Mr. George Borradaile's desk; they were blank cheques - I asked him what he was going to do with them; he said Nothing - that they were of no use: nothing more passed - he took the two cheques, doubled them up very small, and put them into his pocket.

Cross-examined. Q. You say you did not give him these three - did you give him any others of the same kind? A. No; I said I knew nothing of these three; but I saw him take the two I have spoken of, and double them up very small; I only know of those two; I never had anything of the sort in my possession; I saw him take them from the cheque-book; I knew the cheque-book by the appearance of it - there was not "Cheque-book" written on it.

Q. You say they were blank - did you look at them? A. No; the cheque-book is never filled up.

Q. Then you occasionally look into it, I suppose? A. I have occasionally cheques to go to the banker's, and I have fetched cheque-books from the banker's; I fetched that one more than a month before this happened; I had not looked into the book after I fetched it - I thought it wrong for him to take them; I did not go and tell of it: he said he was going to do nothing with them; I said nothing about it till he was taken.

MR. BRODRICK. Q. Was that next day? A. Yes.

MR. WILLIAM BORRADAILE. I am in partnership with George Borradaile - we are furriers; our manufactory is in Bridge-row, Southwark. (Looking at the cheque) this is not my hand-writing, nor my brother's - nobody is anthorized to draw cheques in our name; we never draw blank cheques, nor leave them in our cheque-book.

Q. Look at these three cheques - are either, or all of them, signed in your or your brother's hand-writing? A. Certainly not.

Cross-examined. Q. You have no other partners? A. None - I am certain we never authorized any person to sign cheques for our firm - my brother is not in town.

The cheque was here put in, and read [see indictment,] also the three blank ones found on the prisoner; they were on Sir William Curtis and Co., and each signed William and George Borradaile, apparently in the same hand-writing as the one uttered.

WILLIAM CURTIS, ESQ. My father. Sir William Curtis, Mr. Robarts, and myself, compose the firm of our banking-house.

MR. BODKIN to HENRY HIGGINS, JUN. Q. Where did you meet Burgess that morning? A. At Bankside, about two o'clock - it was not by appointment, but accidental; we waited a few minutes till my father came from dinner, and then crossed the water.

Q. Did you go, directly after you landed at the wharf, to Lombard-street? A. Yes; he stopped to buy one pennyworth of apples - I am not quite sure that it was two o'clock when I met him; we mostly dine about two - I do not know at what time we got to the banking-house.

Q. You stopped no where but to buy one pennyworth of apples? A. Yes, we stopped a good bit at a public-house - he asked me to go in; I had no suspicion of anything wrong - I swear that.

JURY. Q. You said it was about two o'clock when you landed the prisoner from the boat, and said you would go with him if it would not take more than ten minutes or a quarter of an hour? A. Yes.

COURT. Q. How long did you stay at the public-house? A. We stopped a good while - he said he was only going in for a minute or two.

JURY. Q. Did he tell you he was going to take you to the banking-house to give you a paper to receive money? A. No, not till he got close to the place - he said he was only going to the public-house for a few minutes - we had some porter, and he kept me a good while - he said my father would not get a fare yet; I told him I must not stop above ten minutes.

Prisoner. I leave my defence to my counsel.

MR. BORRADAILE. We understood and believed the prisoner to hear a good character.

THOMAS BENGOUGH re-examined. I found the prisoner at the corner of Abchurch-lane, about six or seven yards from our door - our house is at the corner of the lane; he was on the same side of the lane as the house is, and on the pitching, not on the pavement - our door is in Lombard-street, in the centre of the house; he was a yard and a half or two yards down the lane - I dare say he could see anybody go in and out of our house - he was just round the corner; as soon as I went out of the house I saw him, and brought him in - he could not see into our windows, they are very high.

MR. BODKIN. Q. You say he stood some distance down the lane? A. He could see anybody coming down our steps from the banking-house door - he stood at the corner of the street, watching to his left; as soon as I went out at the door I saw him, and took him.

COURT. Q. How soon after you got out at the door did you see him? A. In less than a second, as soon as I was off the steps.

Q. How soon could he see anybody coming down the steps? A. He could see through the rails, which project out two feet or better.

MR. STEVENS. I am engaged in Messrs. Curtis' house; Beckett gave me a cheque; I referred to Mr. Robarts, and sent immediately to Mr. Gates; I put the cheque into Mr. Gates' hands - before Mr. Gates came in, I think I put it into Mr. Robart's hands, and he returned it to me; it was not out of my sight while in his hands - I put no mark on it; I believe this cheque to be the same.

Q. How long was it in your possession before it got into the possession of Mr. Gates? A. I should think not a quarter of an hour - it had been in the room where I was all the time.

MR. BODKIN. Q. Mr. Robarts was not in the same room as you? A. No: I think I put the cheque into his hands - I did not leave it with him.

Q. Did you give it to Mr. Gates, or lay it on the desk? A. I think I gave it into Mr. Gates' hand.

JURY to HENRY HIGGINS, JUN. Q. Had you ever been to a banker's before? A. No: the prisoner gave me the cheque at the banking-house door; I did not read it - it was doubled together; he told me to put it on the counter - I did not know what "Short" meant.

GUILTY - DEATH , on the Second Count. Aged 15.

Recommended to Mercy by the Prosecutors and Jury, on account of his youth and good character .

Reference Number: t18280911-58

Before Mr. Justice Gazelee.

1615. WILLIAM HEATH was indicted for breaking and entering the dwelling-house of Edward Hopping , on the 6th of July , and stealing therein 8 watches, value 32l.; 96 seals, value 80l.; 204 watch-keys, value 40l.; 104 brooches, value 40l.; 154 breast-pins, value 24l.; 1 silver coffee-pot, value 10l.; 1 silver tea-pot, value 6l. 5s.; 1 silver sugar-bason, value 4l. 10s.; 1 silver cream-ewer, value 3l. 10s.; 3 silver mustard-pots, value 5l. 10s.; 5 snuff-boxes, value 4l.; 3 silver candlesticks, value 6l.; 2 silver fish-knives, value 3l.; 2 silver wine-strainers, value 2l.; 2 silver pepper-castors, value 2l.; 18 silver winelabels, value 1l.; 124 pairs of silver shoe-clasps, value 6l.; 16 ounces weight of silver, value 3l. 18s.; 4 silver skewers, value 3l.; 6 silver dessert-forks, value 2l 10s.; 180 silver thimbles, value 4l. 10s.; 4 silver pap-boats, value 4l.; 75 ounces of coral beads, value 37l.; half an ounce of pearls, value 7l.; 2 silver table-spoons, value 4l. 10s.; 9 plated salt-saucers, value 20s.; 2 plated bread-baskets, value 3l.; 9 purses, value 6s.; 1 deer's-foot, mounted with gold, value 20s.; 3 silver gravy-spoons, value 3l. 10s., 1 silver cheese-scoop, value 10s.; 2 silver butter-knives, value 1l.; 2 silver mustard-spoons, value 10s.; 2 silver ladies, value 20s.; 2 gold chains, value 6l.; 2 pairs of bracelets, value 10s.; 2 pairs of snuffers, value 10s.; 2 pairs of nut

crackers, value 10s.; 10 gross of gilt beads, value 3l.; 4 pairs of other clasps, value 10s.; 144 gross of garnet beads, value 6l.; 6 gold mourning-rings, value 3l. 3s.; 2 settings of diamond ornaments, value 10s., and 17 pairs of buckles and snaps, value 2l. , his property; and MARY LOWTHER, alias CROWDER, alias MARY THE WIFE OF THE SAID WILLIAM HEATH , was indicted for feloniously receiving all the aforesaid goods, except those printed in italics, part and parcel of the aforesaid goods, she well knowing the same to have been stolen .

MR. CLARKSON conducted the prosecution.

MR. EDWARD HOPPING. I live at No. 6, St. Ann's-lane, Aldersgate-street , and keep a jeweller's shop there; it is in the parish of St. Ann, and St. Agnes . In July last, I had a temporary lodging at Norwood - on Saturday, the 5th, I left my house about six o'clock, to go to Norwood, and about a quarter to six on the following morning, I heard my house had been broken open and robbed - I came to town, examined the premises, and found the bricks had been taken out of the wall in the passage, leading between Mr. Taylor's house and mine - there was a hold large enough to admit the person of a man; the petition had been cut with a centre-bit, and the whole pannel taken out, so as to admit the party into the shop - I have only one door to my house, that is in the centre, in St. Ann's-lane; the shop is on each side - my door remained perfect: the passage has a blank door, opening into St. Ann's-lane - there is no way of opening that door, but from the inside, without violence; there is a large lock inside the door, which lock I found forced off- it is in the possession of the officer; I examined the church-yard gate; it was locked, but there was the appearance of it having been forced: I examined my shop and missed the articles stated in the indictment - the whole of my window was stripped; almost the whole of my jewellery was taken away, and the shop cleared - all except a few plated articles; the value of the property taken is between 400l. and 500l. - I have not recovered any of it; I also lost my day-book and ledger.

Q. Did you ever see the female prisoner before the 5th of July? A. Yes; about a week, or ten days, or possibly a fortnight before the robbery, she came into my shop, and locked at a penknife and some scissors; she got into conversation with me about the Post-office, and ultimately bought a thimble for 18d. and went away.

Cross-examined by MR. BRODRICK. Q. Did you leave any confidential person in care of your property? A. Yes; I left my brother-in-law, and a female servant: the passage I mentioned, runs between my house and Mr. Taylor's - it is only used for the purpose of the charity-children going to church; it was so used at that time, but is now nailed up; the door was kept locked, and was opened inside by the sexton - the children go from St. Ann's-lane into the door; I believe that was the only use made of it.

MR. CLARKSON. Q. The property lost was all in your shop? A. Yes; the whole was in the window - there is only one door to my house in St. Ann's lane; the passage door is at the extreme end of the shop.

MARY LINDLEY . I am in the prosecutor's service. On the 5th of July, between six and seven o'clock in the evening, I saw the male prisoner at the door; he came to the shop door, which was not open at that time - the window shutters were down; I went and opened the door to him - my master had gone into the country, and Mr. Allan, his brother-in-law, was not at home; he sleeps on the premises - there was nobody at home but myself; I opened the door - he nodded at some waiters in the window, and said"Are those silver waiters in the window?" I told him I did not know; he asked if I knew the price of them - I said I did not, that Mr. Hopping was not at home; he asked how long it would be before he would be at home - I said I did not know how long he would be, but his brother would be in presently; he said "How long do you think it will be?" I said about a quarter of an hour - he said very well, he would be back by that time; I am sure Heath is the man - I think I have seen him before, passing the door; I cannot say whether it was once or more. I went to bed about ten o'clock, and was disturbed about half-past three in the morning, and found the house had been broken into, and robbed; I went down the cellar with two watchmen - Perry had aroused me; I saw the wall in the passage, it was terribly broken down, and the bricks out.

Q. Did you notice the waiters that Heath directed your attention to? A. No; but I concluded he meant a large waiter and two small ones in the window - whether they were there the next morning, I cannot say.

THOMAS ALLEN . I am Mr. Hopping's brother-in-law. I slept in his house in town in July last, and on the night of the robbery. He went out of town about a quarter-past six o'clock in the evening; and about seven I saw the prisoner come to the shop, he asked me "What is the price of those silver waiters?" directing my attention to a pair in the window - I told him they were not silver; he then asked the price of that large one, it was a good deal larger; I told him that was not silver - he then asked the price of a pair of silver fish-knives, and said "I suppose they are silver - what are they per ounce?" I said I could not exactly say, for Mr. Hopping was not within at present; I said they were silver - he looked about in the window for a minute, but asked no more questions - he went away; about half-past three o'clock in the morning I was called up by Harrison or Bates; I got up, and found the premises had been broken into and robbed - the fish-knives which he had asked me about were gone, and the three waiters left; some property was left in the shop, some was left in the passage tied in a handkerchief, but I did not find that.

Cross-examined. Q. He inquired the price of an article, and you said you could not tell him, on account of the absence of Mr. Hopping? A. Yes; he was never inside the shop, but at the door.

JOHN WILLIAM HARRISON . I am constable of Aldersgate ward. On the morning of the 6th of July, about half-past three o'clock, I was in Little Britain with Bates, an inspector of the watch; we were coming round Little Britain - I could not see the prosecutor's house at that time, I might be seventy or eighty yards from it - I observed two men come round the corner; they were merely jumping and dancing about, and one of them turned round the corner down St. Ann's lane, apparently from Mr. Hopping's premises.

Q. Where were you standing when you first saw them? A. On the opposite side of the way to St. Ann's-lane, towards St. Martin's-le-grand; I know the church passage, and the blank door there - they were coming from the right

hand of the church-passage; I saw them come round the corner of St. Ann's-lane, and saw the side face of one of them, seven or eight yards from the church-passage, by Mr. Degrave's house, which is at the corner of St. Ann's-lane, and Aldersgate-street; they were nearer to the church-passage than to the church-yard gate, and were jumping and dancing about - they did not appear to have anything with them; to the best of my belief, the prisoner is the man whose side face I saw - my suspicions were not raised; Bates and I made a remark - we went over and spoke to the watchman; the persons went towards Falcon-square, they ran; we crossed over towards St. Ann's-lane - I saw Perry the watchman, coming down the lane towards St. Martin's-le-grand, I met him. I went to Mr. Hopping's premises, the church-passage door was then open - I went in with Bates, Perry also came into the passage, and there was one or two more there; I found the bricks taken out of the wall on Mr. Hoppings side of the passage, and the pannel cut out - two bread-baskets tied in a handkerckief laid in the passage: the hole was large enough to admit a man - these pieces of wood were taken out and laid in the shop, I have compared them with the apperture in the wall, they corresponded exactly - they have been bored with a centre-bit; I went into the shop with Bates - Perry had aroused the people of the house; I found a dark-lantern in one of the drawers inside the shop; I also found a phosporus box, centre-bit, and screw-driver - I applied the centre-bit to the holes in the wall, it corresponds - the screwdriver is a likely instrument to have broken the wall.

Cross-examined by MR. PHILLIPS. Q. Was not the back of the person you suppose to be the prisoner chiefly towards you? A. I only saw his side face as he passed me; I had no suspicion then - he was but a short time passing me; I observed him coming down the lane, and as he came round the lane, I had a view of his side face likewise.

Q. Was not the prisoner afterwards shewn to you in a public-house? A. He was; I did not say he was not the man - I said I could not exactly see; the place was so dark I could not see him - Bates and I were sent in to look at him, separately; I do not think he was in the room with me, nor have I any recollection of Foster being in the room - he was allowed to go at large after I saw him in the public-house.

MR. CLARKSON. Q. What did you say when you saw him? A. I said at that time I could not see him - he was up in a corner of the tap-room of the Castle and Falcon, which is very dark - it was on Sunday, the 6th of July, between eleven and twelve o'clock; that part of the room is particularly dark - he was stooping down, reading the newspaper, which was the reason I could not see his face; Foster, the marshalsman, told me to go in, and see if I could see him - there were other persons in the room; I went in alone - I returned to Foster, in the yard, and said at that time, "I don't think he is the person," because I could not see exactly, as he was in a very dark corner - I told Foster so; Goddard then went in, but nobody else; Foster then let him go; either he or Coutan went in, and told him he might go about his business; I saw him going; and when he came out of the tap-room he was in a much lighter place; I had very little doubt of him then, when I saw him standing up - I told Bates, I had very little doubt he was the man, but I could not say positively - Foster was gone, and he was allowed to go; I have very little doubt, from the appearance of his side face, that he is the man, but cannot take on myself to swear positively to him.

THOMAS BATES . I am inspector of the watch of Aldersgate ward. I was with Harrison, on the morning of the 6th of July, at the corner of Little Britain, just turning into Aldersgate-street; I could see the corner of St. Ann's-lane - we were at the corner of Little Britain, when we saw two men coming from the corner of St. Ann's-lane towards us; they were, I suppose, twenty or thirty yards from the church-passage; I believe Harrison discovered them turning the corner; the prisoner is one of those persons; he was the nearest to me - I have no doubt whatever of him; they proceeded from the corner of St. Ann's-lane towards Falcon-street; they did not appear to have anything about them - the other man left the prisoner opposite Aldersgate church, and ran forward; the prisoner followed him, walking; I stood, and looked towards them, and the prisoner looked round at me very earnestly, just as the other ran, as he was walking after him - I had then an opportunity of seeing his face perfectly, and have no doubt whatever of his person - I first discovered his face by the Castle and Falcon gate; I was within thirty yards of him; I saw his face again as he went towards Falcon-street; he looked towards me when the other ran; we proceeded to the corner of St. Ann's-lane, endeavouring to see our watchman, to see if those men came out of St. Ann's-lane, and just before we crossed the road Perry appeared on his station; and in consequence of what passed we went to the house of Mr. Taylor - Perry described the robbery to us; we went in pursuit of the two persons I had seen, through Falcon-square, towards Cripplegate; Perry ran another way; we continued in pursuit not more than a quarter of an hour, not having anybody to protect the premises; after the pursuit, we returned to Mr. Hopping's premises - I found the blank door in the church-yard, leading to the passage, had been opened; the lock had been unscrewed, the bricks taken out of the wall, and the wood cut out of the pannel about a foot long; they had entered the shop there; I did not examine the church-yard gate - I waited till Mr. Hopping came to town, which was about seven o'clock, and told him the particulars - I described the man I had seen to Mr. Brown, the marshal, and between twelve and one o'clock that day I was sent for by Foster, to the Castle and Falcon, and there was a person in the tap-room, among sixteen or seventeen more; I went into the taproom, in consequence of what Foster said - it was rather-dark there; I looked about, and saw the prisoner sitting at the further corner, in the dark part of the tap-room, with his arms folded, reading the newspaper - I was satisfied immediately, from his countenance, that he was the man, in my own mind; but I wished to see his stature - I left the tap-room, went into the yard, and saw Foster; something was said to him; the prisoner was allowed to go at large - I saw him come from the tap-room, and had a much better opportunity of seeing him than when in the dark part of the room; I recognised him as one of the persons I had seen that morning, between three and four o'clock, at the corner of St. Ann's-lane.

Cross-examined by MR. BRODRICK. Q. Does Little Britain lead into Aldersgate-street? A. Yes - you turn to the right and down St. Martin's-le-grand, before you can turn into St. Ann's-lane; I had turned into Aldersgate-street, and was coming from Little Britain; St. Ann's-lane can be seen from the corner of Little Britain: since the improvements for the New Post-office, the houses are all taken down to the church; I was in Aldersgate-street, in front of the church, and could see the corner of St. Ann's-lane, but not into the lane; I first saw them come round the corner - what part of the lane they came from I cannot say; they passed us - we were on the other side of the street, going slowly towards St. Ann's-lane, as they came towards us quickly; I was sent into the public-house to identify the man - he was over the newspaper, but I doubt whether he had light enough to read it.

JURY. Q. Had he the newspaper in his hand? A. No, it laid on the table; his arms were folded, leaning over it.

JOHN PERRY . I am a watchman of St. Ann's-lane. - On the 5th of July, about half-past three o'clock in the morning, I was at the corner of Mr. Payne's, the watch-maker, about eight doors from the church-yard, fifty or sixty yards from the prosecutor's premises; I had been my rounds, and was trying Payne's shutters, and about three o'clock, when I went up there, I had seen a man standing by Mr. Payne's - I should know him if I saw him; he was a thin-faced man, about my height; it was not the prisoner. About half-past three o'clock I was standing at Payne's, trying the shutters, and looking down, I saw two gentlemen (as I took them to be) come out of Mr. Taylor's,(as I supposed) his shop is next door to the passage, going up to the church-yard - that is the passage they came from- they went towards Bull and Mouth-street; I supposed they had come from Mr. Taylor's: I found afterwards they had come from the passage; they walked - I did not suspect anything, as I had tried the doors going up, and found them secure; there was nobody in the lane but those two men - I only saw their backs: I cannot say whether either of them was the prisoner's size: they could hardly have turned round the corner before I saw Bates and Harrison - they could not have got more than two doors from the corner. In consequence of what passed between us, I went towards Mr. Hopping's premises, having first tried Mr. Taylor's, and found them secure; there was a bit of paper which took my attention, on the step of the door that leads up the church-passage - that step immediately adjoins Mr. Taylor's door; I found the pssage-door a little ajar - it is usually kept locked; we went in - the lock was off, and lying down in the passage; I found the wall broken through, and the pannel cut away; I did not go into the shop - the first thing I saw in the passage was two bread-baskets, tied in a handkerchief, and a card of rings by the side of them, and I think two purses; I called up the inmates. The church-yard gate, leading to St. Ann's-lane, was fast - I tried it.

SARAH GODDARD . I am sextoness of St. Ann's church. On the Sunday morning before this robbery I was standing at the church door before morning service began, a little before eleven o'clock, and saw the male prisoner at the gate, trying something to the lock; I went down to speak to him, but when I got down I could not speak, for I was so frightened, and returned; he was trying the lock of the gate, and when I went down he took his hand away, and put something into his pocket.

HOWEL GODDARD . I am beadle of St. Ann's. On Sunday, the 29th of June, I saw the male prisoner at the bottom of St. Ann's-lane, about half-past ten o'clock in the morning - I did not see him for above a minute then, as I had to go into church; when church was over I saw him again - whether it was directly after church, or about the beginning of the afternoon service I cannot say; I saw him at the church-yard gate - he was not doing anything; I asked what he was waiting there for - he said for a coach coming in; I said his standing about so much looked very suspicious - he said he was waiting for a coach; nothing more passed - I went away, and so did he.

ELIZABETH FOSTER , being called on her recognizances, did not appear.

ELIZABETH STEDMAN . I know both the prisoners. I saw the female prisoner on Sunday morning, the 6th of July, at my house, No. 7, Three Herring-court, about twenty minutes before eight o'clock - she had a small box- I do not know what was in it, I never saw; it was a tin box - I was up: Mrs. Foster, who has just been called, was in bed in the room; I do not know where she is - she lodged with me; when the female prisoner came in she asked if I had done her cap - I said I had not; she then asked me to lend her a candle, which I did; she went into the passage, and sealed the box - I did not see the box till after she came in again.

Q. How do you know that she sealed it then? A. She said she wanted the candle to seal the box; she was going to send it to Charles Turnley - I know Turnley by sight; she did not tell me what was in the box, nor did she tell Foster, in my hearing; I swear that. I heard Mrs. Foster examined before the Magistrate, and remember what she stated.

Q. Now, I ask you again, did she say to Mrs. Foster, or to anybody else in your hearing, or to you, what was in the box? A. She did not, nothing of the kind; I never heard anything of the kind - she did not mention Heath's name, nor any name - I do not recollect that she mentioned anybody's name.

COURT. It is right to remind you you are on your oath. Witness. I have said quite correct.

MR. CLARKSON. Q. Look at that handkerchief? A. I know nothing of that handkerchief, Sir - I never saw it before.

COURT. Q. Recollect yourself, whether she mentioned any name? A. No; she did not mention any name - I have stated all she said; she did not state anything about anybody having been taken - I do not recollect saying so before the Magistrate.

NOT GUILTY .

Reference Number: t18280911-59

Second Middlesex Jury - before Mr. Justice Gazelee.

1616. FREDERICK HOLLOWAY was indicted for stealing, on the 8th of August , at St. John, at Hackney, 1 mare, price 14l. , the property of Anthony Holloway .

ANTHONY HOLLOWAY. I live at Wimbledon ; the prisoner is not related to me. I had a black mare on Thursday evening, the 7th of August - I turned her out on the common about nine o'clock at night; I missed her next morning, about eight o'clock: the prisoner lives at Wim

bledon - I know him by sight: I found my mare on the Monday following, at Knightsbridge, in the possession of Mr. Chaplin and Frost; they were driving her in a chaise - I claimed her; they went to Bow-street with me, as they did not like to deliver it up: they told me how they came by it - Sir Richard Birnie told me to take it home; I have got her - I have had her nine or ten months, and am quite certain it is mine.

NATHANIEL LOW . I am a baker, and live in Hackney-road; I know the prisoner, but only by this transaction. On the 8th of August, about eleven o'clock in the morning, I saw him coming up Hackney-road, with a pony walking- I was going down the road; I returned in half an hour, and saw the pony standing at the Durham Arms public-house door; he was inside: I asked the young man at the public-house if it was for sale - I went home; the young man came over, and said it was for sale: I went over, and asked the prisoner what he asked for it - he said six guineas; I asked if he would warrant it quiet in harness; he said Yes, that he had had it twelve months; I asked if he would allow me to put it in the chaise - he said Yes; I did so - it ran away, and kicked the harness all to pieces; I told him I would give no such money for it - he said he would take a little less; I gave him 4l. 10s. for it: I asked his name - he said William Castle, and that he lived at the Rose and Crown public-house, Wimbledon; I gave 5l. and the pony to Mr. Chaplin, for a horse, the same day, because it kicked in harness.

Q. If it did not suit you, how came you to buy it? A. I bought it, and sent it to Smithfield; it was a mare pony - I also went to Smithfield myself, and gave it, with 5l., to Chaplin; I have seen it since, in the possession of the prosecutor, and have every reason to believe it is the same - it was a black pony, but had no particular mark.

JOHN THATCHER MAUNDER . I live in Seabright-street, Hackney-road, and am servant to Mr. Low. I saw the prisoner sell the pony to him on the 8th of August, and am certain of his person: he said his name was William Castle: I went and put it in harness with master, as he said he would warrant it sound and quiet in harness - I have seen it since at Bow-street, and have every reason to believe it to be the same.

JOHN WOODGAR . I am constable of Wimbledon. I received information from Low, and apprehended the prisoner on Sunday evening, the 31st of August, at Wandsworth; from the description Low gave me I knew him - his name is Frederick Holloway; he lived at the corner of Wickhouse-lane, Wimbledon-common, and used to keep a shop there some time ago, but has not done anything lately, to my knowledge; he lived about a quarter of a mile from the Rose and Crown - I mentioned several things to him which I suspected him of; I told him of this robbery - he said he knew nothing about it; I found six awls, a key, and a knife on him; he is something of a saddler: I have driven the prosecutor's poney, and know the one produced at Bow-street to be the same.

Prisoner. Q. You did not apprehend me? A. No; I had been searching for him - a young man stopped him at Wandsworth, and fetched me directly.

ANTHONY HOLLOWAY . My poney was worth about 14l.; Chaplin was told at Bow-street that he need not attend.

NATHANIEL LOW re-examined. I generally keep a horse; when a pony of this sort runs away and kicks, it is not worth much; if it had been as he warranted it, I do not think it would be worth more than 6l.; Holloway has been bit in purchasing it.

Prisoner's Defence. I know nothing about it.

GUILTY - DEATH . Aged 38.

Reference Number: t18280911-60

Second London Jury - Before Mr. Sergeant Arbin.

1617. TIMOTHY DAVIS was indicted for stealing, on the 29th of August , 4 newspapers, called the Times, value 2s.; 2 newspapers, called the Morning Herald, value 1s.; 1 newspaper, called the Morning Post, value 6d., and 1 piece of paper, value 1/2d. , the goods of Thomas Kennedy .

THOMAS KENNEDY. I am a newspaper-dealer , and live in Fetter-lane. On the 29th of August I made these newspapers into a parcel, and gave them to Clark - they were to go to Ware, Herts, by the Peterborough coach, from the Bell and Crown, Holborn.

JOHN CLARK . My master gave me this parcel; I put it into the pocket of the Peterborough coach myself, between seven o'clock and a quarter-past.

JAMES LAWRENCE . I am a hostler at the Bell and Crown. On the 29th of August, I saw the prisoner by the Peterborough coach, which stood near the inn yard - I saw him open the coach door, take the parcel out of the pocket, put it under his arm, and run down Holborn; I followed, and took him in Fleet-market - he offered me the parcel, and begged forgiveness; I gave him in charge- I never saw him before.

WILLIAM WARD . I live in Glo'ster-court, Holborn. I was coming down Holborn, and saw the prisoner open the coach door, take out the parcel, and put it under his arm; I am certain he is the man, and was present when he was taken.(Property produced and sworn to.)

GUILTY . Aged 21.

Transported for Seven Years .

Reference Number: t18280911-61

1618. WILLIAM LILL was indicted for stealing, on the 13th of August , 1 coat, value 6l. , the goods of James Crow .

SECOND COUNT, stating it to be the goods of William Rock .

JAMES SALTER . I am horse-keeper at the Saracen's Head inn, Snow-hill . On the 13th of August the prisoner came into the public-house in the evening; I saw him take a coat off the nail, by the fire-place, in the tap-room - he went out of the yard; I followed him, and said."That don't belong to you;" he said it did; I went into the room - they said it was not his; I and a man went in pursuit, and took him on Holborn-hill, in a wine-vaults, with it.

WILLIAM BEAN . I went at the request of Mrs. Crow, the landlady of the tap, in search of the prisoner, and took him with the coat.

WILLIAM ROCK. I am tap-boy at the Saracen's Head. This coat was given to me by Martin, a coachman - it belonged to a passenger of his coach; master was to take care of it - I was answerable for it; I know nothing of the prisoner; James Crow keeps the house.(Property produced and sworn to.)

Prisoner's Defence. I had come from Hertford the day previous; I went into the Saracen's Head - I have a coat nearly resembling that, and took this by mistake; as well as I can recollect I had drunk rather too much.

GUILTY . Aged 49.

Transported for Seven Years .

Reference Number: t18280911-62

1619. ANN CRAWLEY was indicted for stealing, on the 30th of July , 7 aprons, value 8s.; 3 pairs of stockings, value 4s. 6d.; 3 shifts, value 10s.; 12 handkerchiefs, value 24s.; 3 caps, value 13s. 6d.; 1 purse, value 2d.; 2 shillings and 1 sixpence, the property of Mary Ann Walters : and 1 gold ring, set with pearls, value 1l. , the goods of Elizabeth Eaton .

MARY ANN WALTERS. I am servant to Mrs. Eaton, who lives in Fenchurch-street - the prisoner lived fellow servant with me. On the 30th of July some property was missed - I missed my property on the 31st; she was living there as cook - I was housemaid; I missed my property out of a box in my bed-room - she was not in the house when I missed it; she had left on the Saturday evening after receiving her wages; I missed seven aprons, three linen shifts, three pairs of stockings, twelve linen handkerchiefs, three capes, and a red purse, containing 2s. 6d; she slept with me - my box was not locked; I described the property to the officer, and he brought some of it to me afterwards.

Cross-examined by MR. PHILLIPS. Q. Who keeps this house? A. Mrs. Eaton; it is the Elephant public-house, not a chop-house - a gold watch and several things were lost; the prisoner had no box, nothing but a large bundle and basket.

ELIZA EATON . I am Mrs. Eaton's daughter. I missed a gold ring, set with pearls, out of my reticule, in a drawer in my bed-room, on the 31st of August; the prisoner had left the service on Saturday evening - the officer found the ring.

WILLIAM DRINKWATER . I am an officer. I produce three aprons, two handkerchiefs, and a pair of stockings: I apprehended the prisoner at Mrs. Eaton's house, on the 2d of September - they sent for me, as she came there; I found two keys in her pocket, which she said were the keys of her box, which was at her brother's, No. 7, Holywell-lane; I went there, and found two boxes, in which I found these things - her mistress had charged her with stealing the property; the key fitted the lock; and at the bottom of the box I found the gold ring.

Cross-examined. Q. Was she absent when you searched the box? A. She was in the Compter; Walters and a young woman were present, and the prisoner's brother - I did not find them at the first search; I did not know the prisoner's clothes; I took the things away, and what she did not own I took away - I found a pair of stockings, one handkerchief and three aprons; I was not particular in searching, for it was late at night, and I did not know the girl's property; there were ribbons all cut to pieces, and there might be more things; I did not search particularly, as I wished Walters to be with me, as she knew her things, but it was too late; there were two boxes, one nearly a yard long - I intended to go next morning with Walters, as nothing was marked which I expected; I had heard a ring was stolen - that was among a parcel of other things; I was obliged to shake them all out to find it; her brother was present at the first search, and a man, who, I believe, was the landlord of the house - there were two or three in the room; I found everything the first time, but one handkerchief and the ring - I went again next day in the afternoon; her brother was present then, when the ring was found - I searched more minutely then.

MARY ANN WALTERS . These stockings, the three aprons, and handkerchief are mine; I have not found the shift.

Cross-examined. Q. Are the things marked? A. NO- I never had a mark on them; I have no time to mark them - I swear to the stockings by their being joined at the foot, and an iron mold at the bottom of one; I can swear to my own work on them.

ELIZA EATON . I know this ring to be mine by a small piece chipped off on one side - I have not a doubt about it.

MR. PHILLIPS called -

RALPH SHERWIN . I keep a shop in the general line, at No. 7, Holywell-row, Shoreditch. The prisoner's brother lodges with me; I was present when the officer came to her brother's apartments to search her box - it was about half-past eight o'clock in the evening; he brought the keys with him, and searched minutely - he searched every particle, for I was there the whole time; he searched every part of both trunks - he took the things out one by one, as they were neatly put in - he shook them, and threw them out in the middle of the room; he undid every pair of stockings: there was a pocket-book, with two duplicates, one for her gown, and the other for her mother's wedding ring, which was pawned before she went to her situation - he opened every bit of paper that was as big as a shilling - nothing was left at the bottom, and a bundle, which was not in the trunks, but which was brought up, he examined minutely; she was going to take it up herself to the room, but when she heard the officers were after her, she went and surrendered herself- the officer took away what he supposed belonged to the prosecutrix; if the ring had been there I must have seen it, so help me God! - it could not have been there without being found; I was not present at the second examination of her boxes, but her brother was; the officer, a young man from the Elephant, the young woman and the prisoner's brother all went up together - as the brother was there I thought it unnecessary for me to go; I went up in about five minutes, and asked the officer if he had got anything else - he shewed me this case; I did not see the ring in it; the young woman was searching the box and the officer sitting in a chair; the young woman up with her hands, smiling, and said, "I have got the very thing that will do her;" I said, "What is it?" the officer shewed me the ring - I thought to myself it could not be there when the search was made before: I asked the brother, and he said the young woman herself had taken it from the box.

Q. When the prisoner heard there was a charge against her, she voluntarily surrendered herself? A. She came to my door with a bundle, and sent it up; she had plenty of opportunity to go up to the box if she liked, but did not - she went to the Mansion-house, and then to the Elephant as I am informed.

COURT. Q. What do you deal in? A. Soap, candles, sugar and things; I keep a chandler's shop; her brother has lodged twelve months with me; Wallis was not present at the first examination - the officer took away a shawl, a handkerchief and stockings then, and some petticoats; he took away the contents of the trunks - I cannot say what they were; I asked if he had a warrant.

Q. You say the officer searched minutely, as such, and you were watching, you must have seen what he took away? A. I cannot say, as I did not take an inventory; I am sure the ring was not in the box for everything was shook out - the ring was in a red case, and I could not help seeing it, if it was there; I asked the prisoner's brother, and he said she found it in the middle of the box.

Q. Somebody, according to your account, must have put it in then? A. I have every reason to believe so: instead of being sorry for her fellow-servant, she seemed quite overjoyed, and came down to my wife, laughing, saying she had got the very thing that would do her - I have been a servant, and should have been sorry for a fellow-servant.

CATHERINE KISLIMBURY . I am a widow, and live in Windmill-street, Finsbury. I have known the prisoner from a child - (looking at the property) I know she had a coarse apron and some white handkerchiefs, for I have had them to wash many times - I dare say it is two years ago that I had them to wash for her; here are no marks on these: she had a new pair of stockings on before she went to her place - she had two aprons of this description, and made them at my house.

COURT. Q. Take the handkerchief up - whose is that? A. I do not know - I will not pretend to say, they are so much alike; women know their own hemming - I do not know that I could swear to mine; I dare say these stockings are hers, as I know she had a new pair; I will not swear they belong to her - I know she is as falsely accused as if they accused me.

WILLIAM DRINKWATER . She did surrender herself.

GUILTY . Aged 31.

Transported for Seven Years .

Reference Number: t18280911-63

1620. JOHN, alias ROBERT SPEAKMAN was indicted for embezzlement .

MR. ADOLPHUS conducted the prosecution.

HENRY BRICHENO . I am a brewer , and live in Skinner-street, Bishopsgate, and have a place of business also in Seven-dials. The prisoner had been in my employ from February till July; he came to me in an humble situation, but I advanced him to be my drayman in April - it was his duty to deliver goods and receive money for them, and account for what he receives to Mr. Greathead, my clerk, when he received it, and nobody else - I myself knew nothing about the accounts; he was always desired to settle with Greathead.

Cross-examined by MR. PHILLIPS. Q. How many steps did he take in your service in that short time, in consequence of his good conduct? A. Three; he conducted himself well.

WILLIAM GREATHEAD . I am clerk to Mr. Bricheno, at the Skinner-street place, where the prisoner was employed - he ought to account to me there, for the money he receives every day, in the evening; he had a book of cheques, by which he kept his account - he calls the account over from the counterpart of his cheques, and I enter it into a book, and then call it over again, to see if it is correct - I then ask him how much cash he has; he gives me an account of his gold, silver, and copper, and if anything is short, he puts so much short; the counterpart of the cheque is written by him. Neale, of Philip-lane, sells our intermediate beer: I have an entry to him on the 1st of May, of half a barrel, 12s. 6d., and 12s. 6d. paid - I took that entry from the prisoner's month, and from his receipts; here is the counterpart of the receipt in his writing - it corresponds with my entry, and at the end of that day I have his own writing for the money he paid in, which agrees with the account he gave; 12s. 6d. is the only sum he accounted for as received from Neale. On the 13th of June, Springsguth came, and particularly wanted some beer to be sent; he ordered one half-barrel, or eighteen gallons - I could not send it till one of the men came home - he came again about eight o'clock, and soon after I sent by the prisoner one half-barrel for him, and another for Mr. Wilkinson, of Tenter-row; he returned at half-past ten, saying he had brought one back, as Wilkinson's was shut up, and had put it into the ton room - he paid me 12s. 6d. for Springsguth's half-barrel; there are so many casks in the ton room, we could not discover whether the other had been put there or not - he never gave me an account of having sold Springsguth two half-barrels.

Cross-examined. Q. Is it your business to pay over to the prosecutor the sums as you receive them? A. No, in a lump - I pay them next morning, keeping each drayman's cash in a separate bag; the prisoner never ran an account with me - he said on the 24th of July, that he had been knocked down and robbed of his books; that was after this transaction - he did not send for me to his lodgings: I went there to take him into custody - that was about three days after he said he had been knocked down; he had not come to business after the 24th; I did not find him at his lodgings, but in the street: five days before he was taken, a message was sent that he had been knocked down, and lost his book; that was the very last day he went out with the dray - when I saw him he seemed as if he had been fighting; he said he had lost the books, not that he was robbed of them - he is married, and has a family.

MR. ADOLPHUS. Q. If he had laid out any money for necessaries, would that be charged to him immediately and deducted? A. Yes - that was settled every Saturday night: I produce the original book; he accounted to me every night for what he received.

SAMUEL NEALE . I deal in intermediate beer, and have it from the prosecutor; I will not swear that any beer was delivered to me on the 1st of May - I will not swear to the date, but the receipt is dated the 1st of May - I have it here.

Q. Who gave you that receipt? A. That I cannot swear; the name is not written plain.

Q. Did you receive any beer into your house in May? A. That I will not swear - I am not always at home: I cannot make out the name on the receipt; I will not swear what beer I had, for I at times had eighteen gallons, and at times thirty-six - I always paid for it regularly.

Q. Did you, if you were out, always find a corresponding receipt for the beer which came in? A. Yes.

WILLIAM GREATHEAD . This receipt is in the prisoner's hand-writing.

Cross-examined. Q. Have you often seen him write? A. Yes; I know it to be his writing without comparing it with any other.

The receipt being read was dated the 1st of May, for half a barrel of intermediate beer, 18s. 9d., signed J. Speakman.

WILLIAM GREATHEAD. That receipt belongs to the prisoner's book, and is the counterpart to the one he has written in - it corresponds in number and every particular except the sum; he has entered it Nill instead of Neale here - the sum entered in the book is 12s. 6d.

SAMUEL NEALE re-examined. Q. How long have you had been from the prosecutor? A. Since the 1st of March- the prisoner may have brought it a dozen times or more; I have sometimes paid him, but when I was out my mistress paid; I never paid him without a receipt. I have no recollection of this transaction, not of the day, not to swear to this man coming.

JAMES SPRINGSGUTH . I live in Old-street, and deal in intermediate beer. On the 13th of June I had two kilderkins from the prosecutor; I never before, nor since, had two in one day - here is the receipt for them: I sent to the prosecutor that day, and the prisoner brought two kilderkins on a sledge; he was to take one to another person - he asked if I objected to take two; I took them, and my brother paid him for them, in my presence; he filled the receipt up - here is the receipt; it is for two kilderkins - here is my hand-writing on it.

Cross-examined. Q. When did you write your name on the receipt? A. When Mr. Greathead called to see my receipt; he took this away, with another or two, and gave me an acknowledgement for them; I swear the prisoner wrote the receipts which he gave me.

The receipt being read was for 25s. 8d.

WILLIAM GREATHEAD . This receipt is in the prisoner's hand-writing; I have not got the counterpart of it.

Cross-examined. Q. Look at both these receipts - do you say that both these names are in the prisoner's handwriting? A. I am positive the same person wrote both; he did not pay me more than 12s. 6d. - it is impossible I can be mistaken.

Prisoner's Defence (written) I most solemnly assert my innocence of the charge altogether. As regards the money which Mr. Springsguth's brother says he paid me, I can call to mind, that on the 13th of June last, late in the evening (it might be about nine o'clock), I was sent out with beer to several customers, and among the number Mr. Springsguth was one, and ordered one cask; after going to the customers (to whom I had been), on my return homewards, I called upon Mr. Springsguth, having two casks left; always alive to the interest of my employer, I prevailed upon Mr. Springsguth to take both the casks, for which, it appears by the receipt, he paid me. My Lord and Gentlemen, I observed before that as Mr. Springsguth ordered but one cask - the counterpart of the receipt might have been marked for one cask, while I delivered the money for two casks, thus the error might easily arise; he it as it may, I am confident the money was accounted for; Mr. Greathead (if he speaks impartially) cannot deny that errors have crept in, in the manner I have just now described- I am conscious of having given Mr. Springsguth's money to Mr. Greathead; it being late, he put the money into his right-hand waistcoat pocket, and did not enter it in the book - next morning he might have forgotten it.

GUILTY . Aged 26.

The prosecutor stated that he had forty charges against the prisoner.

Transported for Fourteen Years .

Reference Number: t18280911-64

1621. HENRY GRANT was indicted for stealing, on the 3d of September , 1 handkerchief, value 1s., the goods of Thomas Donoughue , from his person .

THOMAS DONOUGHUE. I am a compositor , and live in Brunswick-cottages, Hackney-road. On Wednesday, the 3d of September, about half-past twelve o'clock in the day, I was in Smithfield ; an officer touched me on the arm - I turned round, and saw my handkerchief falling from the prisoner's hand; I did not see it in his hand, but it fell in such a manner as I could not doubt it fell from him - he was about a foot from me; I had him secured.

Prisoner. Q. Were there many people round? A. A. Yes, many hundreds, but not particularly near me; I have no doubt you took it out of my pocket - it was safe just before.

JOHN GIRTON . I am an officer. On the 3d of September I saw the prisoner attempting several pockets; he went up to the prosecutor put his right hand into the prosecutor's pocket, and took this handkerchief out - he then put in his left hand; I touched the prosecutor, and went to seize the prisoner's hand; he pulled it away: I collared him, and he threw the handkerchief down - I took it up.

Prisoner's Defence. He said at the first examination that he took it out of my hand, and at the second that he took it off the ground; he says there was a crowd, and how could he see me take it; I was remanded.

JOHN GIRTON. I did not say I took it from his hand; he was remanded to bring people to his character, but he brought none.

GUILTY . Aged 25.

Transported for Seven Years .

Reference Number: t18280911-65

1622. GEORGE STUBBS was indicted for stealing, on the 15th of July , 1 tin boiler, value 4s. , the goods of Thomas Robinson .

LYDIA GARRATT . I live in New-street-square, with Mr. Robinson. On the 15th of July, about a quarter to seven o'clock in the morning, I saw the prisoner carrying this boiler from the house in New-street ; he was not many yards from the house - I stopped him, and asked how he came by it - he said a man gave it him; I said, "What man? you took it out of the cellar in New-street-square;" I requested him to come back, which he did - it had been taken from the cellar.(Property produced and sworn to.)

The prisoner pleaded distress.

GUILTY. Aged 62.

Recommended to Mercy - Confined Fourteen Days .

Reference Number: t18280911-66

1623. JOHN CLARK was indicted for stealing, on the 3d of September , 1 half-sovereign, 5 shillings, and 4 sixpences, the monies of William Cavers , from his person .

WILLIAM CAVERS. I am a gun-implement maker . I was at Bartholomew-fair , with my son, between seven and eight o'clock in the evening, and lost half a sovereign, and 7s. in silver - there were four sixpences, I believe: the mo

ney was loose in my trousers pocket - I was inside Wombwell's booth; I felt somebody at my pocket, turned round, and saw the prisoner - I found his hand near my pocket; he was drawing his hand from my pocket - my money was safe ten minutes before; I was sure it was the prisoner's hand that came from my pocket, for nobody else was near me, except my two children, one of whom was in my arms, or I could have taken him in a moment; I put the child down in a minutes and a half, and was going to secure him, but he had disappeared: I went to the door, to inquire for an officer - the people at the door said they kept no officer; I said I had been robbed by a person who I knew - I am certain the prisoner is the person whose hand I found coming from my pocket - I remained there a quarter of an hour, and then found him in the same booth.

Cross-examined by MR. CHURCHILL. Q. You turned round and saw somebody near you? A. It was the prisoner; there might be one hundred or one hundred and fifty people in the booth, but nobody except the prisoner was near me, for I did not like to trust my children in the crowd, who were following the keeper, as he gave a description of the beast - I explained them to my children myself; the prisoner's hand was in my pocket - I felt it there; I did not see it in my pocket - I saw his face: I cannot say whether he went out of the booth, but he disappeared in an instant; I cannot say whether he ran, for the child, being on my shoulder, was a total eclipse to me. When I went to inquire at the door for an officer, the people said "People who come to the fair, must take care of themselves."

CHARLES CAVERS . I am the prosecutor's son, and am eleven years old: my little brother was on my father's shoulder - the prisoner was talking to us, and telling us the nature of the wild beast - we were looking at the elephant and he was walking round us for a good bit; my father turned round and caught his hand pretty nearly close to his pocket - I am sure it was his hand, nobody else was near; the people were quite on the other side of the booth - I did not know the prisoner before.

Cross-examined. Q. How many people's hands were pretty near your pockets that night? A. I saw none but the prisoner's - we were quite away from the crowd; the prisoner was on my father's left side, drawing his hand from his pocket - I saw that.

JOHN LACEY HAWKINS . I apprehended the prisoner going out of the fair, in Duke-street; I found him in the prosecutor's custody out of the booth, and took him to the Compter - I found 5s. 6d. in his pocket.

Prisoner's Defence. I was standing by the side of the gentleman; he said "What, do you want to pick my pocket? I shall keep you, for the other one I have lost."

WILLIAM CAVERS . Before I took him, I asked my son if he should know him; he said Yes, and as I came out of the booth, I felt a touch at my pocket; I turned round and seized the prisoner, and in about two minutes I was surrounded by eight or ten persons, and thought I should have been overpowered by them - he declared he was nothing but a gentleman.

Cross-examined. Q. How came you to say, you should keep him, for the other you had lost? A. I said no such thing: immediately I seized him, he said "It was not me you have made some mistake, I am a gentleman;" I said I would keep him till I had proof that he was so, for he was the person whose hand was in my pocket - that was the second attempt.

GUILTY . Aged 34.

Transported for Life .

Reference Number: t18280911-67

1624. RICHARD KEATING was indicted for stealing, on the 9th of September , 1 basket, value 1s., and 3 pecks of apples, value 4s. , the goods of John Storey .

HENRY BOLTON . I am superintendent of St. Bride's watch-house. On the 9th of September, about one o'clock in the morning, I met the prisoner at the top of Stonecutter's-street, Shoe-lane, carrying a basket; I asked him what it was - he said "Apples" and he was going to take them to Plumtree-court - that he had brought or bought them from Charles Jacobs , in Fleet-market; I detained him, and found Mr. Storey, about four o'clock in the morning - he claimed them.

Cross-examined by MR. CLARKSON. Q. When did Killick make his appearance? A. I was not at the watch-house then: the prisoner said nothing about Killick - he was at the Mansion-house, and both were sent to the Compter; I did not hear Killick say, he had given it to him - he was afterwards discharged, and the prisoner was committed; Rogers and Street said at the Mansion-house, they saw Killick put it on his shoulder.

WILLIAM GRIGG . I am a watchman. I was with Bolton, his evidence is correct - I took the apples from the prisoner's shoulder.

Cross-examined. Q. Did you see Killick at the watch-house? A. No.

JOHN STOREY. I have a stall in Fleet-market . I left this basket at my stand on Monday night, the 9th of September - I never saw the prisoner before; I know Killick - he keeps a stand almost opposite to me.

Cross-examined. Q. The prisoner said they had been brought or bought of Jacobs, did that basket ever belong to Jacobs? A. It did, but not the apples: Killick knew I dealt with Jacobs; I saw him that night, when I put the fruit by. The prisoner told the Alderman, that Killick put the basket on his head, to carry to his lodging in Plumtree-court - I know Killick lodges there; I do not believe the prisoner stole it at all.

NOT GUILTY .

Reference Number: t18280911-68

1625. WILLIAM WOOD was indicted for stealing, on the 4th of August , 1 hempen sack, value 6d., and half a bushel of oysters, value 7s. , the goods of Richard Atkinson .

RICHARD ATKINSON. I deal in oysters . On the 4th of August I bought half a bushel of oysters at Billingsgate ; I could not get a porter - the prisoner said he would carry them; I asked if he was a fellowship porter; he said No, but anybody could carry them; I gave him 6d. to take them to a cart at the top of the market - it was between one and two o'clock; I followed him as close as possible, but lost him just before we got to the landing - my name and address were on the bag, very legibly written; I live at No. 24, Little Welbeck-street: I looked about the market for him for two hours - I have never seen the oysters or bag since; I found him in the market next day, and asked what he had done with them; he said, "I never saw you - I was

not here:" I asked where he lived; he said at Stepney - he said he was not the person and had never seen me; I was positive of him, and had him secured - I was dressed in the same coat both days, but not in the same trousers.

The prisoner, in a long defence, positively denied having received the oysters, and stated that he was at liberty after the prosecutor met him, and could have escaped if he had been guilty; that he had taken the prosecutor to the clerk of the market.

RICHARD ATKINSON. I am positive he is the man - he did not take me to the clerk of the market.

GUILTY . Aged 21.

Confined One Month .

Reference Number: t18280911-69

SIXTH DAY. WEDNESDAY, SEPTEMBER 17.

First Middlesex Jury - Before Mr. Sergeant Arabin.

1626. JULIA BRIAN was indicted for stealing, on the 4th of June , 1 shawl, value 10s.; 1 pair of trousers, value 15s.; 3 gowns, value 2l.; 4 petticoats, value 5s., and 4 pairs of stockings, value 4s. , the goods of Rebecca Dalton .

REBECCA DALTON. I am a widow , and live in Philip-street, St. George's in the East ; the prisoner lodged in my second floor for three weeks, and said she went out nursing. On the 4th of June, while my husband lay dead, I found my drawers broken open, which were in the parlour, and these things gone - I did not suspect her; I went to drink tea with her on the 24th of June, at No. 20, Providence-street, and saw my bed-curtains on the bed; I told her they were mine, and asked how she should be so cruel to serve me so: she then said she had taken them, and gave me up the duplicates of the other property at the office.

GEORGE PINKARD . I am a watchman. I had information of this robbery, and found the prisoner on the 3d of July, coming up Church-lane, watching for her husband who I had apprehended; I took her - she voluntarily owned to the robbery, and told me where the property was.

ROBERT LINWOOD . I am a pawnbroker, and live in Ratcliff-highway. I have a pair of trousers pawned by the prisoner.

EBENEZA HENBERY . I am a pawnbroker, and live in the Commercial-road. I have a shawl pawned by the prisoner.(Property produced and sworn to.)

Prisoner's Defence. I went to lodge there; my husband was in the country: when her husband died a great many gentlemen came to relieve her; she put her things into my room to make it appear she was in distress: she said as my husband was out of work, I might pawn the things, and redeem them as I could - she and her mother said I might pay it at 3d. a week, and not starve myself; I had not a bit of victuals.

REBECCA DALTON . I never permitted her to pawn them, or said that she might pay for them at 3d. a week; I only knew her three weeks - she came to nurse my husband; my drawers were forced open - she was not in distress, for I kept her while she was with me.

GUILTY . Aged 36.

Transported for Seven Years .

Reference Number: t18280911-70

1627. EDWARD BILLETT and WILLIAM BRYAN were indicted for stealing, on the 13th of August , 3 lbs. of bacon, value 2s. , the goods of Thomas Tuchin .

THOMAS TUCHIN. I am a grocer , and live in Copenhagen-street, White Conduit-fields . On the 13th of August, between two and three o'clock in the afternoon, somebody alarmed me; I pursued the prisoners, fell down, and in a few minutes the officer brought them to me with this bacon - I am certain they are the two I pursued; they were about twenty yards from the shop when I first saw them.(Property produced and sworn to.)

ROBERT WOODLEY . I am an officer. I saw the prisoners running hand-in-hand together by my house, which is about thirty yards from Tuchin's - Billet was pulling Bryan along; I took Billet with the bacon in his apron.

BILLETT - GUILTY . Aged 18.

Confined Six Weeks .

BRYAN - NOT GUILTY .

Reference Number: t18280911-71

1628. WILLIAM FOWLE and MARY ANN FOWLE were indicted for stealing, on the 1st of August , 1 feather bed, value 1l.; 1 bolster, value 4s.; 2 pillows, value 4s.; 1 sheet, value 2s., and 1 looking-glass, value 5s. , the goods of Lucy Ripley .

LUCY RIPLEY. I live in Pitt-street, Tottenham-court-road . I let the prisoners my second floor furnished about a month before this happened - they lived there as man and wife: I went into their room on the 1st of August to ask for 10s. for rent, and missed these articles - they were both present; I asked where the things were - the man said "He should put all right on Saturday;" I said if he would give me any security I would not send for a constable, but I found a great deal more was missing.

MICHAEL COMERFORD . I am a pawnbroker, and live in Tottenham-court-road. I have a bolster and pillow pawned by the male prisoner on the 17th of July.

THOMAS HUGHES . I am servant to Mr. Bayley, pawnbroker, of Marylebone-street - I have a pillow and sheet pawned by the female prisoner on the 14th and 19th of July.

SAMUEL GREENWOOD . I am a broker, and live in Union-street, Middlesex-hospital. I have a looking-glass which the male prisoner sold about the end of August.

JAMES HOPE. I am a broker. On the 22d or 23d of July the male prisoner offered me a bed for sale; he said he wanted to take some things out of pawn, as he was going into the country, and had lost his wife - having a hatband on, I thought it true, and bought it for 15s.(Property produced and sworn to.)

Prisoner WILLIAM FOWLE. I hope you will consider that it was by my order my wife did it.

WILLIAM FOWLE - GUILTY . Aged 33.

Transported for Seven Years .

MARY ANN FOWLE - NOT GUILTY .

Reference Number: t18280911-72

1629. LOUISA BLEWITT was indicted for stealing, on the 28th of July , 7 yards of cotton, value 8s.; 1 table cloth, value 2s.; 4 yards of calico, value 2s.; 2 shirts, value 2s.; 2 shawls, value 13s.; and 1 pair of shoes, value 4s. , the property of George Waldrum .

CATHERINE McDONALD . I know Mr. George Waldrum; he lives in Coventry-street ; the prisoner used to come to and fro there, as she stated herself to be in distress, and she knew Mrs. Waldrum; she came to the house on the

28th of July, between six and seven o'clock, and got in through the ground-floor window - I was standing at my door, which is the next house; I saw her get in, and in about twenty minutes she came out at the door, with two shirts under her arm; I asked what she had got - she said it was nothing that concerned me; I said it did concern me, for I would not see a neighbour robbed - I went for an officer, and left her with my husband till he came.

SAMUEL MAYNE POWELL . I am an officer. I was fetched to take the prisoner in charge for stealing two shirts, which I produce; she said nothing.

ANN WALDRUM . I am the wife of George Waldrum these are my husband's shirts; I knew the prisoner about five years ago - she is a countrywoman of mine - she called to see me; I took her in as I thought her honest - I left her to take care of my place, and when I came in, it was robbed of a piece of calico, a table cloth, and some cotton - the shawls were found next morning behind the shed of the next house.

THOMAS JOSEPH WEST . I am a constable. I found a duplicate of a pair of trousers on the prisoner at the watch-house; and next morning found three duplicates in her hand - one for a pair of shoes.

EDWARD RUBERY . I am a pawnbroker, and live at Bethnal Green. I have a pair of shoes pawned by the prisoner.(Property produced and sworn to.)

The prisoner, in her Defence, stated that the prosecutrix had sent her to pledge the shoes, they being both intoxicated, but she knew nothing of the shawls.

GUILTY . Aged 40.

Confined Three Months .

Reference Number: t18280911-73

Before Mr. Justice Littledale.

1630. SAMUEL SIMPSON was indicted for stealing, on the 24th of October , at Tottenham, 1 cow, price 10l. the property of William Hartwell .

JOSEPH HARTWELL . I am the son of William Hartwell, who lives at West Hackney, and is a cow-keeper - he keeps about nineteen cows; I have the management of the cows - they are my father's; I lost one on the 24th of October, from a field near Hornsey Wood, in Newington parish - I left it safe in the field at five o'clock in the morning - I went to the field again at one in the afternoon, and the cow was not to be found: I examined the fence, and found a rail wrenched from the gate-post, and laid inside the field - the cow could then go out quite easy; I went in search of it, and saw John Lucas; about two o'clock in the afternoon, I returned to the field, milked the other cows, and then went home and informed my father what had happened; Lucas was at work in Rhodes' field, about a quarter of a mile from our field - I went to Hackney, and towards Romford, and met the cow in possession of Lapthorn, a drover, and claimed it - it was my father's, and the one I lost that morning - it is a remarkable cow, with two large red marks round each eye, and nearly all white in the body; it was worth 10l. or 11l.

Cross-examined by MR. PHILLIPS. Q. How long after you missed it did you see it again? A. About four hours; I met Lapthorn about five o'clock the same afternoon - it was on the 24th of Ocotber last year; I took possession of it the same day as I lost it - Low's father gave it into my possession.

COURT. Q. Do you know the prisoner? A. No - I do not know where he lives; John Low and I went to John Lucas ' on the following day to inquire about him, but did not find him - we went to Islington. to Brown, the constable of the night, of Islington, and told him; I took no other steps to find him.

JOHN LUCAS. I live at Tottenham, and am labourer to Mr. Rhodes. I saw William Hartwell and the last witness on the day he lost the cow; I am not positive of the month; it is twelve months ago next month: and on a Wednesday; I gave Hartwell information that day - I have known the prisoner ten years - I saw him about seven o'clock that morning with a cow; I bade him good morning - he did the same to me; I asked him "if that was one of Mr. Low's cows; he said "No, he was going to drive it to Hackney - it was quite light - the cow had a good deal of white about it, and a little red - I did not take much notice of it; I was examined at Hatton-garden - I do not exactly know when, it was seven or eight days ago; it was on the 8th of September - I cannot recollect whether it was last week or not; I am no scholar - I have been up eight days altogether at Hicks' Hall and here; I was at Hicks' Hall on Monday week - I think it was a month or more before, that I was at Hatton-garden - John Low was there at the same time - Laptborn, Hartwell, and Cope were also there; I was only there once; I saw a cow at the office door - it was some resemblance of the cow I saw the prisoner with, on the day I saw Hartwell; she had a deal of white about her, and some red - I knew the prisoner, but could not swear to the cow exactly.

Cross-examined. Q. You did not take particular notice of the cow you saw the prisoner with? A. No - I noticed it being whitish, and some red.

Q. Did not the Magistrate at Hatton-garden threaten to send you to gaol for the manner in which you gave your evidence? A. Yes, I said I was not positive of the month - not that I could not say whether it was last October or the October before; I said I did not know the month to be certain.

Q. Did you not say you did not know whether it was October last or the October before? A. I cannot swear about it - I do not know about it - I will not swear I did not say that; I said it was before Christmas, the latter end of the year - I never could have told the Magistrate I thought it was after Christmas - I told him it was before.

Q. Will you swear you did not tell the Magistrate you thought it was after Christmas? A. No, I will not - it was mildish weather; I told him it was not cold weather, it was calm.

Q. In the course of your examination, did you not tell him that you did not know whether it was warm or cold? A. I possibly might.

JOHN LOW . I live at Hackney, and am a cattle-dealer. I know the prisoner; I bought a cow of him; I had seen him before but not to know him; it was on the 24th of October last, at Romford market, I gave him 9l. 10s. for it, which was a fair price - 10l. was the full value; I asked him where he brought it from; he said from William Lane, Esq. of Leytonstone - he said he was the under gardener; I asked him how long Mr. Lane had had the cow; he said Mr. Lane bought it

at Croydon fair, which was a month or six weeks before; I asked why they parted with it; he said they were to have it for the land, and had got a couple of Alderney ones instead; I paid him for it, and delivered it to Lapthorn my drover - it was white with red about the head, and one red spot on the side - it was a remarkable one; I had it only about four hours - for when I got home at night I found it had been claimed and taken away; I did not see it afterwards till the next day, when I went to Hartwell's with an officer - it was the same cow that I had bought of the prisoner; I was examined at Hatton-garden on a Monday, about seven weeks ago - Lucas was there; I have seen the cow every week since at the prosecutor's - it is the same as I bought of the prisoner on the 24th of October - I know it by the particular marks about it - it is a very remarkable cow.

Cross-examined. Q. Do you mean to state that you had seen it before it was sold to you? A. Never; but I have seen it every week since, as I am in the habit of going there every week on business; that is not what makes me speak to it; I picked it out the next morning from among others in his shed; I cannot help seeing it when I go, as I go into his shed; I had seen the prisoner's face before, but not to know him; I cannot say where, but suppose it must he about the market - he was not taken for nine months after; I said at Hatton-garden that I was certain of him; I said he was the man directly I saw him in the watch-house.

Q. You never said before the Magistrate that you believed he was the man? A. Not to my knowledge; I said directly I saw him, "That is the man I bought the cow of." I am positive I said nothing about only believing it.

JOHN LAPTHORN . I am drover to Mr. Low. I received a cow from my master on the 24th of October last, it was a whitish cow, with red about the head, and a red spot on the side; I received it at Romford market; I did not see him buy it - I was to take it home - I brought it up the Romford road till I came to the Pigeons public-house, and there saw Hartwell, jun. - he claimed it as his father's; I waited for my master to come up - he did not come, and knowing Hartwell, I delivered the cow to him - he took it away; Abraham Low was not there; I have seen it since at Hartwell's shed, about a month after. I was examined at Hatton-garden on a Saturday, about five weeks ago - Lucas was there - I drove the cow there, and know it to be the same - I had seen it afterwards in Mr. Hartwell's shed - it was the one John Low delivered to me at Romford - I know it by the red on the head, and the red spot on the side.

THOMAS COPE . I am constable of Islington. I apprehended the prisoner on Saturday, the 26th of July, at his own house, Elder-walk, Islington; I had been after him two or three times before, about this cow; I went a month or five weeks before one night, and as I went in at the front door he got out at the back and ran away - I saw him go into the court - that was the first time I went to the house. I had been looking for him for three months, not before; I was told of this six or seven months ago, and was desired to look for him, and did, but could not find him; I do not know how long he has lived there; I was at Hatton-garden - Lucas was there.

Cross-examined. Q. You first went to look for him three months ago? A. More than that - it may be five months; I went to look for him immediately after I was told to do so - other people were looking for him before that; I went about five months before with one of them, but they had been before that: I went to the house about nine o'clock, it was getting dark, it was on the 26th of July; I do not know when the first time was - it was about three months ago that he escaped - I saw him going through the passage; I had seen him about before; I believe he has no family.

JOSEPH HARTWELL re-examined. John Low was at my father's the day after I lost the cow - it was there - I cannot say whether he saw it; Abraham Low had delivered it to me at the Pigeons, Lapthorn was with him - we were all three together; Abraham Low desired me to take it home as it was my father's; Lapthorn said nothing. Abraham Low came up in a chaise-cart - I drove the cow with Lapthorn as far as Bow, and then left him.

Prisoner's Defence. I know nothing about it.

Four witnesses gave the prisoner a good character

GUILTY - DEATH . Aged 40.

Reference Number: t18280911-74

Before Mr. Baron Vaughan.

1631. ISAAC FRYETT was indicted for stealing, on the 21st of August , at St. James, Westminster, 13 knives value 18s.; 13 forks, value 10s.; 1 tea-tray, value 13s.; 3 waiters, value 10s.; 2 patent locks and 3 keys, value 41s.; 3 pairs of snuffers, value 11s. 6d.: 2 snuffer-stands, value 2s.; 1 pair of curtain-pins, value 2s.; 1 pair of finger-plates, value 2s.; 1 pair of steel standards, value 12s.; 4 metal tea-pots, value 16s. 4d.; 1 mustard pot, value 1s. 3d; 1 cream-jug, value 3s. 6d.; 40 tools. value 20s.; 1 drop-bitted latch, with 2 keys, value 3s. 6d.; 10 brass hooks, value 1s. 4d; 1 brass fender-footman, value 3s.; 43 parcels of nails and screws, value 45s.; 5 Italian irons, value 8s.; 1 box-iron, value 2s.; 4 shovel-pans, value 2s.; 80 pairs of hinges, value 9s. 6d.; 24 triangle plates, value 2s.; 3 parcels of sail needles, value 6s.; 60 fender ornaments, value 15s.; 9 stove heads, value 9s.; 1 ball, value 1s.; 13 files, value 9s.; 7 bell pulls, value 6s.; 50 iron punches, value 20s.; 9 bolts, value 3s.; 1 nutmeggrater, value 5d.; 1 bed key, value 1s. 4d.; 2 black jacks, value 1s.; 1 screw-plate, value 1s. 6d.; 3 boiler cocks, value 8s.; 30 gun-barrel funnels, value 1s. 6d; 3 sets of brass-wheel castors, value 6s.; 2 patent hoes, value 2s.; 1 patent spud, value 6d.; 6 Dutch rings, value 6d.; 4 sets of fire-irons, value 40s.; one pair of brass standards, value 8s.; 22 brass cocks, value 40s. 6d.; 1 nursery lamp, value 2s. 10d.; 2 curtain bands, value 9s.; 2 parcels of screws, value 5s.; one parcel of hinges, value 1s. 6d.; 1 pepper-box, value 1s.; 5 gimblets, value 6d., and 1 stove-grate front, value 3s. , the goods of Edward Colwell , his master.

MR. ADOLPHUS conducted the prosecution.

WILLIAM DODD . I am assistant to Mr. Colwell, a furnishing-ironmonger , who lives in the Haymarket ; the prisoner was his porter . I found articles moved from one place to another, which caused my suspicion; I found three parcels of nails concealed behind an old oven in the back wash-house, against the wall; in consequence of this goods were marked from time to time - I marked the nails myself with a private mark of my own, and from time to time marked things; in August I marked a tea-pot and several things; on the 18th of August I found a tea-pot

concealed behind the oven; on the 21st I found a paper of knives and forks there - I took them out and marked them separately; Garnell was concealed to watch that day, and in consequence of what he said, I went in pursuit of the prisoner as he went to dinner, and overtook him in the Haymarket and brought him back; I wished him to take what property he had of Mr. Colwell's out of his pocket: he said he had no property of Mr. Colwell's; I said, "Take out what you have got," and the first thing he took out was the parcel of knives and forks, which were the same I had marked in the oven; he said he had brought them to our place to clean from his lodgings: we have a great number of the same pattern in the wash-house - it is a very old pattern.

Cross-examined by MR. PHILLIPS. Q. There have, of course, been a cunsiderable quantity sold? A. That pattern has been kept many years, but the forks are of a particular sort - they had no mark before I found them behind the oven - I believe the name was burned into the knives, but I cannot say: I put a mark similar to the figure 5 turned upside down, and five forks I marked with a figure 7: the knives appeared to have been dipped in blood, and, of course, were dirty - they appeared new; Mr. Colwell had bought some of that pattern within three months, from Bryan, a town maker; the prisoner said they were his own.

MR. ADOLPHUS. Q. Did you miss any parcel of knives and forks? A. No; I saw the prisoner come in the morning - he brought no parcel with him; there is a convenience for cleanin them near the oven.

MR. PHILLIPS. Q. Might he not easily have brought them in his pocket? A. He might; they were not dirty, except from the blood.

JAMES GARNELL . On the 21st of August I was concealed under a trap-door, and could command a view of the old oven very plainly; I saw the prisoner go and wash his hands and face; he pulled out his watch, then went to the oven, opened the door, and pulled out a parcel, which he put into his pocket; I had seen the parcel in the oven the night before, when I was concealed, and knew they were knives - he went out; I told Dodd, who followed him; the prisoner did not go anywhere to clean them.

Cross-examined. Q. Might he not have taken them the night before, if he thought proper? A. I should have seen him; he did not know I was hid there.

MR. ADOLPHUS. Q. Was he there the night before? A. Yes, two or three minutes before nine o'clock; he came and washed his face, and went away - Dodd and another shopman were in the shop then.

MR. EDWARD COLWELL . I live in the Haymarket. - The prisoner has been my porter for nearly four years. In consequence of what I heard I went with an officer to search his lodgings, and found a great quantity of property, which I knew to be mine, tea-pots, tea-trays, knives and forks, and several articles - none of them had been marked by me, but had our private marks on them; I never gave him permission to take anything from my stock - the knives found on him are not an old pattern - the forks are; they do not match the knives; I have had forks of that pattern in my stock about twenty years, and had ceased to sell them, being quite out fashion.

Cross-examined. Q. Did you ever sell them yourself? A. No; they were my father's stock; I never sold any of the articles found to the prisoner - I have sold such things, with the same marks, to other persons; there is no article I can identify, except by the private mark.

JOHN UPSON . I am an officer. I was sent for to Mr. Colwell's on the 21st of August, and took the prisoner; I produce the knives and forks, which I found on the counter - Dodd was present: I heard the prisoner say they were his own; I went to his lodging - I had been watching him some time before, and ascertained them to be his lodgings; I there found a tea-pot, a set of waiters, two patent locks, one of Chubb's patent locks, a pair of snuffers, two finger-plates, a drop-latch, a lot of files and tools, a milkpot, a mustrad-pot, a quantity of other tools, files, planes, and various things; I saw Bond find, concealed under the bed, seven knives and froks, and two curtain-pins; the prisoner was then in the watch-house - I produced the things at the office; he never accounted to me how he got them.

- BOND. I found the things under the bed.

MR. COLWELL. The knives and forks found on the prisoner are such as I had on my premises; the knives are made by Bryan, and are marked "London made;" they have been on a board, but whether used or not I cannot tell - here is the tea-pot with the mark erased; I think there seems a smear - this milk-pot I can speak to decidedly, also the tea-tray and waiter to match it; my private-mark is on several of them; I have no mark on Chubb's lock, but the number stamped on it is the number I had from him - here are several articles with my private-mark, and several tools have the marks erased, and that very lately; here are seven knives and forks which are used at my own table at times, and which I could not have sold - I had not missed them.

Cross-examined. Q. Suppose you had seen these forks eight or ten miles off, could you say they had not been sold? A. No, certainly, but they are two patterns, and I happened to have the same pattern of each of them.

WILLIAM DODD . Here is a figure of 7 on one of these forks - I did it with a tool; this is the only one I can find the mark on - here is the 5 upside down, on all the knives - I marked them the morning before.

Cross-examined. Q. Have not these knives been much used? A. They have been, on a board; they may have been used - the edge of one is hacked; I doubt their having been used.

MR. ADOLPHUS. Q. Look at the other three knives, do they appear quite new? A. I have no doubt about it.

Prisoner's Defence. Those five knives and forks I bought five years ago at an auction, in London-road - the others I bought at the corner of Noel-street: the ten and milk-pot I bought of a man named Nixon, three years ago - he was in Mr. Colwell's employ: as to the other things, some were bought of Mr. Colwell, and some were not - I bought half a dozen knives and forks, and here is the sixth.

LYDIA POWELL . My husband is a porter. I have been in the prisoner's house repeatedly - he has had this tea-pot in his possession above three years; I know it to be the same, for I have used it myself: I borrowed it two years ago, next Christmas day.

MR. ADOLPHUS. Q. Was there any mark on it? A. The same mark as ther is now - I never knew what is was.

MR. PHILLIPS. Q. Look at the bottom, is there anything that you would call a mark of recent sand-paper having rubbed anything out? A. I do not myself, but I do not understand it.

COURT. Q. Do you remember whether "Dixon and Son" was on the back of it? A. I do not - it was in my possession a day and a night; I have seen it repeatedly since, and drank tea out of it.

MR. PHILLIPS. Q. There is a milk-pot, it is rather a remarkable shape? A. Yes - it is the same as I had; I borrowed it at the same time; I am confident it is the same.

MR. ADOLPHUS. Q. How long is it since you first became acquainted with the milk-pot? A. Two years at Christmas; I have known them in the prisoner's possession three years - I do not know whether he was then in Mr. Colwell's employ; I washed the tea-pot when I borrowed it - I did not observe any mark on it particularly.

MARY GRAY . My husband is a gentleman's servant - we live in Rupert-street. I have known the prisoner two years - I have known that tea-board in the prisoner's possession for two years - I lodged in the next room to him, and saw it there continually.

MR. ADOLPHUS. Q. Has he lived in the same lodging two years? A. No - he had it when he first lodged at our house; he remained there till within about eleven months - I have seen the tea-pot, but not to notice it much; he was in Mr. Colwell's service when I first knew him.

MR. COLWELL. My shop-mark is on the milk-pot; I think it could not have been in use two years, and the mark appear as it does; though I think it has been in his possession some time from the mark - my mark is on the tea-board.

MR. BODKIN. Q. Have you a word which you use as a private-mark? A. Yes: the tea-board is marked with characters by myself.

COURT. Q. Is your privatemark on all your goods? A. On all we can mark, it is; the marks on the tools that have been erased with sand-paper - several tools have the marks taken out - we are missing goods continually.

GUILTY . Aged 25.

Transported for Fourteen Years .

Reference Number: t18280911-75

Before Mr. Baron Vaughan.

1632. HENRY WARD was indicted for stealing, on the 21st of August , 43 parcels of nails and screws, value 45s.; 5 Italian irons, with eight heaters, value 5s.; 10 flat-irons, value 8s. 1 box-iron, value 2s.; 4 shovel-pans, value 2s.; 80 pairs of hinges, value 9s. 6d.; 24 triangle-plates, value 2s.; 3 parcels of sail-needles, value 6s.; 60 fender ornaments, value 15s.; 9 stove heads, value 9s.; 1 ball, value 1s.; 13 files, value 9s.; 7 bell-pulls, value 6s.; 50 iron punches, value 20s.; 9 bolts, value 3s.; 1 nutmeg-grater, value 5s.; 1 bed-key, value 1s. 4d.; 2 black jacks, value 1s.; 1 screw-plate, value 1s. 6d.; 3 boiler-cocks, value 8s.; 2 pairs of snuffers, value 8s.; 2 trays, value 2s.; 30 gun-barrel funnels. value 1s. 6d.; 3 sets of brass wheel castors, value 6s.; 2 patent hoes, value 2s.; 1 patent spud, value 6d.; 6 Dutch rings, value 6d.; 4 sets of fire-irons, value 40s.; 1 pair of brass standards, value 8s.; 22 brass cocks, value 40s. 6d.; 1 patent lock, with two keys, value 29s.; 2 tea-pots, value 7s. 6d.; 1 nursery-lamp, value 2s. 10d.; 2 curtain-bands, value 9s.; 2 parcels of serews, value 5s.; 1 parcel of hinges, value 1s. 6d.; 1 pepper-box, value 1s.; 5 gimblets, value 6d.; and 1 stove-grate front, value 3s., the goods of Edward Colwell , in his dwelling-house .

GEORGE MOXON . I was in Mr. Colwell's employ - he discharged me about three weeks ago - I had lived two years and ten months with him; the prisoner was in his employ as a stove-grate maker, and left last April; Fryett and him were on friendly terms; I frequently saw the prisoner about the neighbourhood after he left, and in company with Fryett; about two years ago, I saw Fryett hand the front of a stove through the iron railing to the prisoner, who took it away - it was taken out of Mr. Colwell's shop; I have heard Fryett quarrel with him at times - I heard Ward ask Fryett for a coffee pot, some metal spoons, and a japanned waiter - I do not know whether Fryett gave them to him: I have heard them reproach each other about what was done, and have heard Fryett say, in Ward's presence, among others that Ward had taken things to Scoltock's shop; and that he had seen things in Scoltock's shop which he could prove were Mr. Colwell's; this was before he left - Ward made no observation about it.

Cross-examined by MR CLARKSON. Q. Do you mean to swear he did not deny it? A. I have no recollection of his denying it - I have heard the same thing mentioned two or three times; I did not tell Mr. Colwell of it- it might be eight or nine months before I was discharged; I was discharged on account of Mr. Colwell losing so much property, he did not suspect me - I was not charged with it; I was discharged in consequence of what was reported in the papers, principally that Fryett should say I had stolen more than anybody else, and had shared in it; I have not seen the stove front since, and do not know what Ward did with it; it had come from the foundry; Ward finishes them - I do not know whether it has been found.

MR. ADOLPHUS. Q. You did not tell your master any thing till after Fryett was found out? A. I did not.

JOHN UPSON . I am an officer. In consequence of information, I went to the prisoner's lodging, at Wharton's, No. 9, Crown-court - the prisoner was not at home -Wharton shewed me up to his room, which is a front room on the second floor; I saw his daughter there, and asked her for the key of a cupboard which was padlocked; she did not give it to me - I forced the closet open, and found a large quantity of goods of various descriptions, and forty-five packets of nails and screws, which I produce in the state I found them; the prisoner came in while I was searching, and saw what I had found - he said they were not his, they were his daughter's - the daughter was not them present; a quantity of old locks and keys were found in the closet - he said they were part of an old stock which he had brought from his shop in Belton-street, where he formerly lived.

Cross-examined by MR. CLARKSON. Q. Have you got the keys here? A. No, they were not claimed by the prosecutor; they were old iron, laying at the bottom of the cupboard.

Q. Did not his daughter tell you the things had been brought there three weeks before, by a person who she described, and in her father's absence? A. No, nothing

of the sort - I never heard it; I went to his house on Thursday, the 21st of August - Mr. Colwell was with me, and two other officers, and I believe heard what passed; she did not, in my preasence, say anything about the man not having called for payment.

MR. ADOLPHUS. Q. What did the daughter say? A. She said her father always kept the key of the closet; I then broker it open - the prisoner never gave me the key of it.

MR. COLWELL. I went with Upson to Wharton's house, and saw the search made; the daughter said her father kept the key; and on Upson saying he would break the closet open, she said he would be very angry if he did; she did not claim any property there - I believe I can speak to all these things - the papers enclosing the nails and screws are marked by my young man; there are twenty-four parcels of nails, and the rest screws - I never sold the prisoner any of them, nor authorized him to take them.

Cross-examined. Q. Did the daughter say the goods had been brought there by Fryett some time previous? A. I never heard it; Ward lived between two and three years with me - Fryett had access to all the property - he was allowed to go where these things were, and Ward was not; he was a porter, and Ward a workman.

MR. ADOLPHUS. Q. Ward had no authority to go there, but could he go if he chose? A. If he went there, I should expect he was going to ask Fryett for something - he could go there in our absence.

GEORGE MAJOR . These articles have been marked by me.

WILLIAM WHARTON . The prisoner lodged at my house, in the second-floor front room - I directed Upson to his room; when he moved in, a quantity of old iron and chains were brought, and several other things were put at the bottom of the cupboard. but nothing like these goods - he came in October, 1827.

Cross-examined. Q. You saw him bring the old iron with him? A. Yes - I do not know when the other goods came; I have frequently seen Fryett there.

COURT. Q. Had anybody the control of the closet besides him? A. Not that I know of.

MR. CLARKSON to MR. COLWELL. Q. Do you know when any or all these things were taken? A. I do not; the prisoner was two years and a half in my service, and left in October. GUILTY. Aged 54.

Of stealing to the value of 99s. only .

Transported for Seven Years .

Reference Number: t18280911-76

1633. WILLIAM DOWNES was indicted for stealing, on the 21st of August , 1 tea-pot, value 4s. 10d., and 1 brass fender footman, value 3s., the goods of Edward Colwell , to whom he was a servant ; against the Statute.

No Evidence. NOT GUILTY .

Reference Number: t18280911-77

Before Mr. Justice Littledale.

1634. ANN PRAGNELL was charged on the Coroner's Inquisition only, with the wilful murder of her illegitimate child .

From the evidence of a medical gentleman it appeared that the body of the child, when found, was in a decomposed state, and he was unable to state whether it had been born alive.

NOT GUILTY .

Reference Number: t18280911-78

Before Mr. Baron Vaughan.

1635. JAMES MAYDEN was indicted for that he, on the 30th of August , at St. George, Hanover-square, in and upon George Green , feloniously, unlawfully, and maliciously did make an assault, and then and there did feloniously stab, cut, and wound the said George Green, in and upon his right eye, with intent feloniously, wilfully, and of his malice aforethought, to kill and murder him , against the Statute.

2d COUNT, stating his intent to be to maim.

3d COUNT, stating his intent to be to disfigure.

4th COUNT, stating his intent to be to disable.

5th COUNT, stating his intent to be do some grevious bodily harm.

MR. ADOLPHUS conducted the prosecution.

GEORGE GREEN . I am a cow-keeper , and live in Little Chester-street, Grosvenor-place. I know the prisoner - he lives at the corner of Little Chester-street, and is a plumber and glazier ; I once lent him a horse and cart, and was afterwards at the Police-office, when an inquiry took place: I saw some lead in a passage of the office, and had seen the cart loaded with lead at the prisoner's house - before that day I had been on friendly terms with the prisoner - I met him in Piccadilly about two days after he was liberated from the office; he called me a d - d informer, and a d - d rascal: I have stated that this was about three months before the matter in question happened, but I belive it was about five.

Q. Did he from time to time meet you and speak to you? A. Yes; I came by his house about a week after I meet him in Piccadilly - he began abusing me in the same sort of manner, and we both had a row, not a fight, but rough language; he called me a d - d informer, and such like - I gave him as good as he brought, but no blows passed: he went in doors, and brought out this thing, or one like it, and said if I came near him he would rip my g - ts out with it; I went away - I saw him again on the 30th of August.

COURT. Q. How long might that be after your last meeting? A. From three to live months.

MR. ADOLPHUS. Q. Had anything passed between you during that time? A. No; I was coming from the Feathers public-house, where I had been for change - I came up as far as his house, and met one of my men named Joe, who I had to pay some money to; I settled with him - I was four or five minutes settling with him, and he went away; I was then talking to Mr. Heath, when the prisoner came out of his house, with some lead in his hand - he held it up, and said, "Bl - st you, do you want any more lead to pay your men with?" I said, "You had better go in doors, you old fool, and mind your own business"- I went on talking a little to Mr. Heath, and the prisoner said, "What have you done with your wh - s of sisters? they are all wh - s together;" I had said nothing more to him; he said, "If you don't go off my premises, I'll shove you off;" when he said my sisters were wh - s, I walked up to him, and said, "You had better turn your old wh - e out of doors. and take your wife in, and not meddle with our family;" he then shoved me off the pavement - I was on the public pavement, not on his premises at all; he shoved me into the road - I held up my elbows, and told him if he would come out of doors like a man I would give him a good thrashing; he said, "I will serve you out another way;" he went in doors, and fetched this thing out, or one like it - he came down one or two steps, and made

one push at me, down towards the bowels; it was a sort of thrust - he caught it back again without it striking me, and then it was in my eye before I could put my hand or anything to stop it; I did not see it done, it was in so quick, or I should have tried to stop it - it went right through my eye-lid, and pushed my eye out; some part of my eye is in, but I am quite blind - I have lost the sight of it altogether; in drawing it back the sharp part of the instrument caught the inside bone above the eye.

Q. Before he did this to you had you ever struck him, or anything? A. I had neither struck him, nor struck at him; when I held up my arm and said I would fight him if he came out like a man, I was not above a yard from him. I was confined to my bed eight or nine days, and had two surgeons to attend me - I had nothing whatever to do with what happened to him at the Police-office.

Cross-examined by MR. ALLEY. Q. It began by his asking you to have another piece of lead? A. Yes, we abused each other; I know William Smith.

Q. Did not he interpose before you received the injury, and say if you did not go away perhaps some mischief would take place? A. Never - I did not see him at all; he did not come in between us; nobody desired me to go away. I know Smith - he lodges in the prisoner's house.

Q. You said "Go in you old fool;" did you not use tenfold more abusive language? A. I did not; he was not in the house when I said if he came out I would fight him - he was on the footpath.

Q. Were you not foreing into his door, after him, when you received the blow from him? A. I was not - there was nothing to prevent his hitting my bowels if he chose: he did not say he was sorry for the injury I had received, and that he only meant to knock my hat off - he never said a word of the kind; I did not at the time suppose I had received so serious an injury.

MR. ADOLPHUS. Q. Where were you when you said, if he came out of doors you would fight him like a man? A. On the footpath, and he was on his steps; he pushed me into the road before that - I did not see Smith at any part of the trasaction.

THOMAS HEATH. I am a cow-keeper, and live in Ebury-street. I was in conversation with the prosecutor on the 30th of August, between six and seven o'clock in the evening; the prisoner came out - he was at the door when I first saw him, with some lead in his hand; he began shaking it about, and asking Green if he wanted some lead to pay his men, and called him a d - d informer; he told him it was no lead of his - Green tried to avoid him as much as he could, by turning to me again; he told him not to be such a fool, but to go in and mind his own business - after that the prisoner began again, and wanted to know what he had done with his sisters and their bastard children; I do not know what he called his sister - Green told him to leave his sisters' names alone, or he would pull him up for it; Green and I then walked into the road, on the pavement, and the prisoner said if Green did not get off his ground he would make him; we were on the public path: Green then said if he had any inclination for that he would come a little closer to him.

Q. Inclination for what? A. To make him get off the pavement; Green walked towards his door and the prisoner pushed him off the pavement into the road; I am certain Green had not touched him; he had a pencil and pocketbook in his hand at the time; he turned round after that, and told him if he would come out into the road he would fight him, but would not touch him on his own premises - he was then standing on the step of his own door; the prisoner then made allusions again to Green's sisters, saying,"What have you done with your sisters and their bastard children?" Green said, "Don't talk about other people, turn your old wh - e out of your house, and take your wife in;" there might be a few more words pass, but nothing of any provocation that I can recollect - the conversation ceased; I was sideways to them, and could not see the prosecutor after he pushed him off the pavement; the conversation ceased for a minutes and a half or two minutes, and I saw no more till I saw the instrument go into his eye; I did not see the prisoner come out; I saw nothing but a hand come out of the house with the instrument in it, which went into the prosecutor's eye; I was on the same side of the way, and there is a board at the side of the door, so that I could not see; Green was turning towards me, and I saw the instrument enter his eye; I saw the water gush from his eye, and ran to his assistance; I saw the prisoner and another person in the passage - they banged the door too, and bolted or locked it, and I saw no more of him; Green was dangerously ill for some time.

Cross-examined. Q. There was a great deal of bad language on both sides? A. Very little more than I have stated - it did not last ten minutes altogether; the pavement is very narrow - there are two boards up at the door, so that I could not see what passed; I saw the instrument come out as from the prisoner's door and strike Green in the eye; when I went to Green's assistance I looked into the passage and saw another person down the passage; I had not seen him before, and who he was I cannot say; I did not see the blow aimed at Green's stomach.

Q. Had not Green approached, and was he not going into the prisoner's house at the time the blow came? A. No; he was standin still, opposite the door - his own house is on the opposite side; he was not going into the prisoner's house.

MR. ADOLPHUS. Q. What was he doing when the blow came? A. Standing on the pavement, and I suppose turning to come to me again as we were talking on business - the conversation had ceased nearly two minutes.

JURY. Q. You say they went in and shut the door, how many persons were present when the thrust was made? A. Two were in the passage, the prisoner and another - I said they shut the door; I saw nobody but the prisoner go in at the door.

MR. ADOLPHUS. Q. Was the person in the passage ever out of the house? A. I did not see him, only the prisoner; I do not know how long the person had been in the passage.

RICHARD COULMAN . I am a bricklayer, and live in Royal Hospital-row, Chelsea. I was in the centre of the road when this happened, about twenty minutes past six o'clock; I came out of a door where I had been doing a job, and a row commenced between Mayden and Green; Mayden was the first who spoke, he had some cuttings of lead in his hand, and said, "Bl - t your eyes, do you want any more lead to pay your men with?" Green said, "Go in you old fool do, and mind your business;" Mayden said,"Go home and look at your wh - s of sisters and their bastard children;" Green said, "Go and turn that old wh - e out that you have in doors, and take your own

lawful wife in doors;" with that the prisoner pushed Green off the footpath into the kennel. Green said,"If you will come out I will fight you like a man;" Mayden said, "No - I'll do for you in another way;" he then went into the house at the shop door, and was gone the space of a minute or so, and returned with this pump book or sucker hook, and made a thrust at his bowels, underhanded, with a direction for the hip; the prosecutor drew back a little and it did not reach him; he then rose it instantly overhanded and made a thrust, and drove it into his right eye - (here the witness described the thrust by holding the instrument in his right hand, and passing it between the finger and thumb of his left hand) - it struck his forehead bone, so that I am sure it might have been heard fifty yards off - nobody interfered in any way with them.

Cross-examined. Q. The blow might have been heard fifty yards off? A. I never heard such a blow; the reason he did not receive the first blow was, because he drew back; the prosecutor did not square at him when he offered to fight him, nor lift up his arms at him - he rose his arms to save himself when he was pushed into the gutter.

Q. When he pushed his arms up was not the prisoner within his own door? A. No; the prisoner was at the bottom of the step are outside - it might be twenty or thirty yards from Green's own door; there are boards on each side the prisoner's door, that is for the convenience of the business he carries on.

Q. On your oath - if what you tell us is true, that the prisoner was down the step, out of his house, must not Heath have seen him? A. You asked me where Green was; Green was a yard and a half-from the prisoner's door.

MR. ADOLPHUS. Q. You say he pushed him off the pavement into the road - how high is the road from the pavement? A. Six or seven inches, when I speak of the distance from the door, I mean from the door, not from the wooden shouldering that projects about twenty inches.

RICHARD GLOVER . I live next door to Green. On the 30th of August I was about three hundred yards off, on the opposite side to the prisoner's house, and saw the prisoner come out with some lead on his arm; he said "D - n me, do you want some more money to pay your men with"- Green said "No, you had better go in doors, you old fool, and mind your business" - then he shoved Green off the pavement into the gutter; the prisoner then went in, and laid down the lead pipe which he had in his hand - I saw him bring out a bucket book, like the one produced - he made a blow at Green's bowels; nothing more was said in my presence; I was about ten yards off - I heard nothing pass, but saw the prisoner job the instrument into Green's eye, and saw the stuff run down his cheek; the prisoner then went in and shut the door; Coulman and a person named Glenton went for an officer, and while they were gone he came out at the front door - I went after him, and said "Mayden, you must not go away;" he said "It is no business of yours" - I said "It was business of somebody's - you don't know the consequence of it;" I pressed him to come back - be came back, and the officer took him; the people asked "What was the matter?" - he said "only another lead rig."

Q. While this was going on, did any one interfere between the parties? A. Nobody whatever - not a soul - nobody could get between them.

Cross-examined by MR. ALLEY. Q. Did you hear me put a question about anybody getting between them? A. No, I was out of the Court - nobody did get between them - I was about ten yards off.

JANE BROWN. My husband is a carpenter and joiner. I heard none of the conversation between the prisoner and prosecutor - I was out of doors opposite to Mr. Mayden's door; I saw Green with a book and pencil in his hand, and a man talking to him - I saw Mayden come out and say something to Green; they said a few words - Green stepped up to Mayden, and Mayden pushed him off the payment - Green then never resented nor lifted his hand, but turned his shoulder in this way, and then Mayden went in for about a minute, came out again with an iron weapon in his hand, and aimed it at Green's bowels, and in a moment rushed it into his eye.

Q. In all that time did Green attempt to strike him in any manner? A. I never saw it - nobody came in between them, nor attempted to part them; I could not help seeing it if they had.

Cross-examined. Q. Do you live there? A. In the same street. I heard none of the bad language - I am not deaf.

COURT. Q. Could you hear that language was going on? A. There was abusive language, but I could not distinguish what it was.

THOMAS GLENTON . I am a builder. There was an inquiry at the Police-office about some lead, and after that I saw the prisoner in the prosecutor's presence - they had a few words, and the prisoner went in doors, and brought out a pump hook; this was six weeks or two months before the 30th of August; he brandished it about, and said he would do for him - he said "D - n your eyes, you are nothing but a common informer. you bl - y fool," and all that sort of language; he continued abusing him, telling him he would poke it into him, or knock his head off, and brandished it about at the same time; he said he would poke it into him, or rip his guts out - Green then went away; I saw him again about the first week in August - he was coming down the street, and said to me "Tommy, do you want any more lead?" - Green was not present; I said No; and he lifted up this instrument, and said"Either you or Green shall have it before you are many months or two months older."

Cross-examined. Q. When this passed, had not Green and him a good many words? A. I believe Green d - d him, and he d - d Green - he flourished the instrument over his head, but did not hit him with it.

Q. Did he not say "If you won't go about your business?" A. I did not hear it - it might be said - I do not recollect it.

COURT. Q. Green was not present in August? A. Not the first time.

Cross-examined. Q. Did you attend the Police-office? A. I did - I think I was examined - I think it was I told the Magistrate he kept a receiving-house; I was not examined on this charge - I thought you meant about the other business.

THOMAS HEATH re-examined. I saw nobody interfere between the prisoner and prosecutor.

Q. Did any person come to persuade Green to go away? A. They must have been in doors if they did - nobody came out and spoke to him.

MR. ALLEY. Q. They might have come between the boards and spoke to him? A. Yes.

Prisoner's Defence. Gentlemen, this originated from a lead concern; there had been several rows between Green and me, and he laid himself in my way on several occasions, but the last row was about the lead; I went out, and was stretching a piece of lead - words ensued - he called me; I said to him "Do you want any more old lead?" - he said"You bl - y old b - g - r, turn out your old wh - e and take in your wife;" I went in doors directly, and going into the shop, knocked down this sucker hook with my right shoulder - I shut the door, and fell down over two pieces of lead - I took the hook up to move the lead, and as I had brought 10 cwt. of lead from Kensington that day, the place was very full; I tumbled down, and coming into the shop knocked the hook down - I moved a little lead to get the door open, and on opening it who should I see but Green there - he had followed me up to my door; I thought the row was done - I opened the door to hang the hook up, and there stood Green - "Come out, you bl - y old b - g - r, and I will fight you, (said he) - "you old b - g - r, turn out your bl - y old w - e;" I put my hand to him, and said "Green, go away, I want to say nothing more to you" - that is the time they say I shoved him - I was in my shop when he called me all these dreadful names, and he had got a new hat on, which he said he had bought with the money for the information; I went to knock his hat off his head with the hook, and unluckily it went into his eye, which I did not intend to do, God knows; and when I found he was hurt, I told them "For God's sake, take him to Doctor Hunter as quick as possible - I was so much hurt I did not know what to do; the only intention I had was to knock his hat off with the sucker hook - I have been extremely sorry ever since - I always inquired of every person who came to see me in prison how his eye was - whether he had lost it or not.

WILLIAM SMITH . I am a mason, and lodge in the prisoner's house. I was at home when this accident happened - I saw the prosecutor there, but did not see him come; when I first came out of doors I saw Green at the door, with one foot on the bottom step of the door - there are two steps to the prisoner's door, besides the cill; the next thing was, he was putting himself in a posture as though he was going to fight - he was then within a yard of the prisoner, when I saw that I ran to him, gave him a shove, and said "For God's sake Green go away, or else something serious may happen;" I then got on the top step of the door, between the two, before the accident happened, and immediately I got between them the accident happened - there was most dreadful language used on both sides.

Q. Are you quite sure the prosecutor was within a yard of him, squaring at him, just before it happened? A. Yes - I have measured the stones. When I first saw the prisoner he was about one foot nine inches within his own door, on the cill; the whole of the step and pavement together is a foot and seven inches wide, I believe.

Cross-examined by MR. ADOLPHUS. Q. You were in the house - where was the prisoner when you got on the top step, between him and the prosecutor? A. The prisoner was within his own workshop, and the prosecutor stood on the pavement - I stood on the cill of the door.

Q. You were on the cill? A. No - I was on the step; the prisoner was within the cill from a foot to nine inches; the prosecutor was below the two steps on the pavement - I did not notice any body about, I was so busy parting the two persons; there were a great many people, but I could not notice them - I was not present at first; I saw that hook in Mayden's hand; he had it in his hand when I first saw him.

Q. What, when he came into the house? A. No - I believe, to the best of my knowledge, he was never out of the house; I never saw him out - I was not there when he had the lead.

Eight witnesses gave the prisoner the character of a good tempered man.

GUILTY - DEATH , on the Fifth Count. Aged 49.

Reference Number: t18280911-79

First London Jury - before Mr. Sergeant Arabin.

1636. THOMAS HAYDON was indicted for stealing, on the 4th of August , 4 ewe sheep, price 4l. the property of John Hutchins .

JOHN HUTCHINS. I am a butcher , and live in Essex. On Sunday, the 3d of August, I had nineteen sheep in the marshes - I missed seven that day, but found three about a mile and a half or two miles off: I came to Smithfield on the Monday and found the other four in Hill's pen; the prisoner lives at Southockenden, about four miles from me. I do not think he knew my premises.

Cross-examined by MR. PHILLIPS. Q. He has been bailed with your consent and surrendered? A. Yes - we overtook him on the road when we were looking for them and talked to him about them; he had not got them then - the marsh gates are sometimes open; two of a farmer's sheep had got away - I have known the prisoner several years; he belongs to a respectable family - I said at the office that I did not think he stole them: I say so now - if he did not steal them, I think he knew who did.

NOT GUILTY .

Reference Number: t18280911-80

1637. WILLIAM SHAW was indicted for stealing, on the 21st of August , 1 candlestick, value 10s., 1 pair of snuffers, value 2s., and 1 extinguisher, value 2s. , the goods of John Banfield .

REBECCA BANFIELD . I am the wife of John Banfield; we live in Cheapside and are jewellers . On the 21st of August, about ten o'clock in the morning, the prisoner came into the shop and asked for an ear-ring; I told him I knew nothing about it - while he was talking another one came in and asked to look at a set of castors; while I was getting them the prisoner caught up this candlestick and snuffers and ran out of the shop; he was pursued and taken - he had been to the shop once before making excuses but bought nothing.

CHARLES HERDSFIELD . I saw the prisoner come out of the shop and run away; I followed and found the property on him.(Proeprty produced and sworn to.)

The prisoner put in a written defence soliciting mercy, stating that he had a wife and three children, and had been made the dupe of another person - he received a good character.

GUILTY. Aged 23.

Recommended to Mercy by the Jury and Prosecutor .

Confined One Month .

Reference Number: t18280911-81

1638. JOSEPH SMITH COOPER was indicted for stealing, on the 3rd of August , 1 wooden box, value 1s., 1/2oz. of snuff, value 2d., and 3 1/2lbs.

of tobacco, value 12s. , the goods of William Potter and another, his masters.

WILLIAM POTTER , JUN. I am in partnership with my father, William Potter: we are tobacco manufacturers and wine and spirit merchants - the prisoner was about three months in our employ as porter . On the 31st of July, in the evening, he returned to our house sober; between that and bedtime he became intoxicated, without any apparent means of getting so, the keys of the spirits being in another person's hands - next morning we searched the spirit and wine cellar and found part of a bottle of wine concealed, and under the stairs a parcel of tobacco: we replaced it and kept strict watch till Sunday, the 3d of August, when he was taken with it in his possession.

WILLIAM PALMER . On the 3d of August. I was placed in Mr. Potter's shop, where I could command a view of the staircase leading from the cellar; and I saw the prisoner come from the staircase, enter the passage, and go into the street with this parcel - I followed him; as soon as he saw me he took to his heels and ran - I overtook him, with the bundle under his arm, and brought him back; my fellowservant took it from him - an officer was sent for, who opened it and it contained tobacco.

PETER BOSTON . I am an officer, and produce the parcel.

MR. POTTER. This is ours; I knew the box it is in; it is ours, and ought to have been in the warehouse the tobacco was taken from.

Prisoner's Defence. The box is Mr. Potter's, but the tobacco is not; I bought it a little at a time at different shops to send to my father in the country - Mr. Potter supplied the tobacco: Palmer says I saw him following me, I did not; he called Stop thief! and I stopped.

WILLIAM PALMER . After I brought him back he begged Mr. Potter's pardon; he acknowledged taking the tobacco one evening that week and said it was his first offence.

GUILTY . Aged 21.

Confined Six Months .

Reference Number: t18280911-82

1639. THOMAS NEATE was indicted for stealing, on the 30th of August , 1000 leaves of gold, value 2l. 10s., and 14 dwts. of shruff, value 2l. 16s. , the goods of Isaac Stokes , his master.

ISAAC STOKES. I am a gold and silver chaser , and live in New-street-square ; the prisoner lived in my house for about fourteen months, and beat gold for me for about five weeks - I did not consider him my servant. On the 26th of August I delivered to him 1 oz. 5 dwts. 14 grs. of gold in ribbon to beat into leaves, and return to me in books, with the cuttings; on the 30th he absconded, taking with him the amount of one thousand gold leaves, and 14dwts. or 15 grs. of gold and shruff - I missed it from his room that morning; I sent him on the 29th to sell one thousand leaves,(part of what was missing;) he returned after I was gone to bed, and in the morning he said he had sold five hundred leaves; he gave me 5s. on Saturday morning, which was for one hundred: (I was summoned to a Coroner's Jury) I said he should give me more than that - he said he would make it right in the afternoon; I told him to stop till I returned, before he went out with the leaf gold - he said he would, and when I returned he was gone with six hundred leaves; and four hundred he had not paid me for; I found him on the following Monday evening in Eagle-street, Holborn.

Cross-examined by MR. PHILLIPS. Q. Where did you find him? A. At his father's; he left his wife and children at my house - I turned them out; I found them all there; but I went there on Sunday, and they knew nothing about him; I was to supply him with gold to beat, and take it back at 2l. 10s. a thousand - we were not in partnership; I charged him for the gold - there was a running account between us; he owed me nearly 5l., besides what he took away. for rent and things.

COURT. Q. You allowed him to take gold out to sell? A. Yes, but not the shruff, which is cuttings.

NOT GUILTY .

Reference Number: t18280911-83

1640. GEORGE PATERSON was indicted for stealing, on the 4th of September , 3 live tame pigeons, value 17s. , the property of Thomas Hover .

THOMAS HOVER. I live in Seacoal-lane, Skinner-street , and keep pigeons in my garret.

THOMAS HOVER , JUN. I am the prosecutor's son; I know the prisoner - he lives next door to us. On the 4th of September, about five o'clock in the afternoon, I was down stairs, and saw one of the pigeons fly out; I then went up to the garret, and the prisoner was there - he ran away with the pigeons: he could see me - he took four, but one flew away; he carried away three out of the window; I knew him before - he is a silver-polisher: we got one pigeon back.

WILLIAM HENRY HOOKER . I am a constable. I was sent for to Seacoal-lane; they showed me the garret window; I came down, and the prisoner was standing at the door of the next house, where he lives - he denied the charge; I said there were fifteen missing, and he must give an account of them; in a few minutes he said, "I know nothing of fifteen, I only know of three;" I asked what he had done with them; he said he had sold them to a man in Turnmill-street, and took me to the shop - here is one of them; the other has flown away.

GEORGE CLEMENT . I bought two pigeons of the prisoner on the 5th of August for 18d.; he did not say where he got them - I asked if they were his own; he said Yes; I gave them to the officer - it is my father's shop; he is a pigeon fancier.(Property produced and sworn to.)

GUILTY . Aged 32.

Confined Six Months .

Reference Number: t18280911-84

1641. ABRAHAM ANDERSON and CHARLES WALFORD were indicted for stealing, on the 28th of July , 1 handkerchief, value 6s., the goods of William Alexander Coombe , from his person .

WILLIAM ALEXANDER COOMBE. I am an attorney . On the 25th of July I was near the Post-office, and had a handkerchief in my pocket; somebody touched me on the shoulder - I turned round, and saw it on the ground, close to the prisoners, who were both within a yard of me; we were all within the space of two yards - all close together.

Cross-examined by MR. PHILLIPS. Q. You cannot say it had not fallen out of your pocket? A. No; I did not feel it taken.

JAMES MOORE . I was present, and saw the prisoner

Anderson take the handkerchief out of the prosecutor's pocket - Walford was close behind him; I had seen them in company, but did not see them speak together - Anderson was putting it into his breeches pocket, but seeing me looking at them, he shoved it behind; Walford was shoving it behind him with an umbrella; I am an officer in the East India service.

Cross-examined. Q. Anderson took it? A. Yes, and threw it behind; the other gave it a touch with his umbrella.

DANIEL FORRESTER . I am an officer. I followed the prisoners from Bishopsgate-street down Cornhill, and there saw Anderson attempt a person's pocket; he crossed up'Change-alley to the Post-office - Walford was with him, and when I got up the handkerchief was in the act of being taken up - they were both in company.

Cross-examined. Q. Do not you know an attempt to pick a pocket is an offence? A. Yes; I did not take him - I saw him lay hold of two different pockets.

Q. Why not take them up them? A. I will tell you: I have cantioned Anderson over and over again, that he would suffer for it, as he was constantly about picking pockets; I waited that day to see if he would commit a felony; Walford did not attempt a pocket at all.

ANDERSON's Defence. The gentleman never cautioned me - I am as innocent as a child unborn.

WALFORD's Defence. I was only passing by, and just touched it with my umbrella.

ANDERSON - GUILTY. Aged 18.

Recommended to Mercy by the Prosecutor .

Transported for Seven Years .

WALFORD - NOT GUILTY .

Reference Number: t18280911-85

1642. HENRY BALDWIN was indicted for stealing, on the 12th of July , 1 rug, value 10s. , the goods of William Brand and another.

CHARLES MATTHEWS . I am a bricklayer. On the 12th of July I was at William Brand's, in Coleman-street, assisting to move some goods to Vinegar-yard, City-road; the prisoner was employed to move them - he was to follow the van; he did not follow it, and when I came back I met the patrol, who said he had taken a rug out of the van - I went and found the rug, which ought not to have been taken out of the house; he said he was in distress, or he should not have taken it.

WILLIAM ALLWINKLE . I am an officer of Coleman-street. After the van was gone I met the prisoner, in Great Swan-alley, with the rug under his arm - when the van returned I found he had not been after it; he took us to his lodging, and we found the rug on the bed.

JOHN GUNNELL . I am in partnership with William Brand. This rug belongs to the partnership concern - it was not to have been moved from the house.

Prisoner's Defence. The plain truth is, my wife was employed to work for Mrs. Brand; she did not come home at ten o'clock - I went to inquire for her: Mrs. Brand said she was gone home - I went home, and met her coming back; Mrs. Brand asked me to come and help move the goods at one o'clock in the morning; I said I would - my wife had told me to go at three, but as I had to go at one, I thought it of no use to go to bed, and we went to Brand's house - I slept there, on Mrs. Brand's bed, while they packed the things, and then carried them down to the shop; I forgot the name of the street the van was going to, and not finding it, I went home.

MARIA SUSAN BRAND . I am the prosecutor's wife. I was leaving my husband, in consequence of the unhappy state of the family, and employed the prisoner to assist; he brought the things down stairs, by my desire - he might have forgot where the van was going.

NOT GUILTY .

Reference Number: t18280911-86

1643. ROBERT WALKER was indicted for stealing, on the 28th of June , 1 basket, value 2s. 6d., and 36 composition dolls, value 39s. , the goods of John Barton .

JOHN BARTON. I am a composition-doll maker . On the 28th of June I sent Price out with thirty-six dolls, value 39s., in a basket, to Great St. Thomas Apostle - I live in Long-lane; he returned in about an hour, without them - I found a man in custody with them at the Mansion-house.

JAMES PRICE . I am apprentice to Mr. Barton. On the 28th of June I had these dolls to take to Messrs. Lee, Greenwood, and Co., in Great St. Thomas Apostle; when I got into Bow-church-yard I was tapped on the shoulder by a man, who pointed to a gentleman standing in a passage about two yards off, with his hat off, and his hands behind him - he said, "That gentleman wants you;" I went to the gentleman, who said, "Will you go and fetch me a coach, and I will give you 6d.;" I was going with my basket on my shoulder - he called me back, and said,"Not a coach, but a cabriolet, and you can leave your basket here;" I left it, and went for the cabriolet - I returned in five minutes with one, and found the man in the custody of an officer; he was tried last Session - whether the prisoner is the other man I cannot say; I did not take notice of him.

Cross-examined by MR. CLARKSON. Q. The man who sent you for the coach was indicted last Session? A. Yes - it happened about ten minutes past seven o'clock; the church-yard is not a great thoroughfare; I cannot say whether the prisoner is the man who sent me to the gentleman.

JOHN ROE . I am an officer. On Saturday, the 28th of June, a little after seven o'clock, I was in Cheapside, and saw the prisoner cross just by Bow-church-yard; he was not exactly in company with the man who has been convicted, but six or eight yards from him; I had some suspicion, and went down Bow-lane, and on turning into Bowchurch-yard I met the prisoner with the basket; I caught at him - he jumped back, and the basket fell against my knee; I did not secure him, but the other man; I have not a doubt of the prisoner being the man who had the basket.

Cross-examined. Q. Do you mean to say you have no doubt of him? A. None at all; I have seen him before in Smithfield-market, five or six times; I did not see him again till the 19th of July, when he was in the Compter, on another charge; I swear positively to him.(Basket produced and sworn to.)

GUILTY . Aged 23.

Transported for Seven Years .

Reference Number: t18280911-87

1644. JOHN HERON was indicted for stealing, on the 6th of September , 1 jacket, value 9d.; 2 ozs. of tea, value 6d., and 1 tea-canister, value 2d. , the goods of William Townsend .

WILLIAM TOWNSEND. I had a stall at Bartholomew fair , at the corner of Long-lane; my son's jacket was in a chest under the stall; on the night of the 3d of September the stall was cut through, and a bundle of linen taken; next night it was cut again, and on Saturday night, about half-past eight o'clock, we found the cloth cut, and the chest drawn from under the stall - my wife alarmed me, and I caught the prisoner with the jacket on; he said he had found it: I brought him round to the front of the stall, and found our tea canister, with 6 ozs. of tea in it, in his pocket.

THOMAS OSBORNE . I am an officer, and took him in charge with the jacket on, and the canister in his pocket; he said he found them in the fair.(Property produced and sworn to.)

Prisoner's Defence. I stood at the corner of the fair; a young man came up and said, "If you want a jacket put it on - I did so, and he gave me the tea.

GUILTY . Aged 17.

Confined Three Months .

Reference Number: t18280911-88

1645. JOHN COOTE was indicted for stealing, on the 4th of September , 1 bonnet, value 8s. , the goods of James Macklin .

JOSEPH BENJAMIN NEALE . On the 4th of September, between eleven and twelve o'clock at night, I was at Bartholomew fair ; I saw a boy come from under a stall, and then saw the prisoner come out with a bonnet - I asked where he was going with it; he said, "Don't stop me - my brother and sisters are gone on before, and I shall lose them;" I said, "Never mind, if it is all right you shall have the bonnet;" I took him to Cook's stall, asked them to take care of the bonnet, and the servant there claimed it - we found the back of the stall had been cut in two places, and some other things taken; he came from behind the stall.

CAROLINE MACKLIN . I am servant to Mrs. Cook, who had a booth in the fair. This bonnet is mine, and was taken from the back of the stall; I never saw the prisoner before.

Prisoner's Defence. I was going out of the fair - a young man said if I would carry the bonnet for him he would give me 2d.; he said he had picked it up in the fair - he took me under the show, and told me to wait there while he fetched it; he brought it to me, and told me to wait till he got from the show, and then to follow him.

GUILTY. Aged 16.

The prisoner received a good character, and was recommended to Mercy .

Confined Three Months .

Reference Number: t18280911-89

1646. MARY COOPER, alias JONES , was indicted for stealing, on the 26th of July , 1 half-crown, and 3 shillings, the monies of George Tindall , from his person .

GEORGE TINDALL. I am porter at a glass warehouse, at Paul's-wharf, Thames-street. On the 26th of July, about half-past one o'clock at night - I had spent the evening with a friend, and fell in with the prisoner by King's Arms-yard; she came up, took hold of my arm, and pressed me to take her home, which I said I would not do; she pressed me to walk with her a short distance, to the end of Princes-street , which was in my road home; she talked to me there a short time - she said she was in great distress, and presently I felt a snatch at my watchchain, and at the same instant felt her hand in my pocket; I seized her, and said, "You have robbed me;" she denied it, and wished me to let her go - I would not; the watchman came up, and I gave her in charge: I lost a half-crown and three shillings - two were found in her pocket, and in an inside private pocket a half-crown and three shillings.

Cross-examined by MR. ADOLPHUS. Q. Were you quite sober? A. Quite; I walked to Princes-street with her; I felt her hand in my pocket, in an instant after I felt the snatch at my watch; I seized her right arm - I suppose she must have put the money into her private pocket when she was in the watchman's charge, as I saw her hands moving; I told her she had robbed me of 5s. 6d., and told the watchman so, before she was searched - she did not call the watchman herself.

WILLIAM MARKWELL . I was at the watch-house when the prisoner was brought in; the prosecutor charged her with robbing him of 5s. 6d. - she said she knew nothing about it, and had only 2s. about her; I found 2s. in her pocket, but felt something lumpy in the corner of her pocket, and found in a part, sewed from the rest, a half-crown and three shillings.

Cross-examined. Q. The watchman who took her is not here? A. No, she said something about the prosecutor spraining her wrist - he denied it.

Prisoner's Defence (written.) I was going through Coleman-street, to Crooked-lane, when the prosecutor passed me - he then turned round, and followed me; he spoke of the lateness of the night; I said I had been at work all day, and was going to sit up with an elderly lady; when we turned into Princes-street he asked me to cross to the Bank side - I told him No, I would not, I liked the light side best; when he seized hold of my arm, and was guilty of the most unbecoming liberty; he sprained my wrist, I am a cripple in it at this time; I screamed out for the watchman, but he did not come to my assistance - my prosecutor called, and he came immediately, when the prosecutor accused me of robbing him of 5s.; when he came to the watch-house he said 5s. 6d. - I had 7s. 6d. in my pocket, (which was one I had not worn for many years, my other being wet) - it had been used for cleaning irons. A few years back I kept a boarding and lodging-house at Walworth, and had a lady, a niece of Lady Melbourne's, lodging with me, for whom I used to market, and had made that division in the pocket to separate her money from mine; I had that evening received 2s. 6d. for a waistcoat I had made at Hackney, and 4s. for a pair of trousers in Hoxton, and some little repairs in Paul-street, 1s. 3d., making together 7s. 9d., which accounts for the money found in my pocket.

The prisoner received an excellent character.

GUILTY. Aged 40.

Recommended to Mercy . - Confined Six Months .

Reference Number: t18280911-90

1647. ALICE ALLERSON was indicted for stealing, on the 4th of July , 1 pair of sheets, value 2s.; 1 pair of blankets, value 3s.: 2 pillows, value 2s., and 1 quilt, value 2s. , the goods of James Luther .

ANN LUTHER . I am the wife of James Luther - we live in Golden-lane . I let the prisoner and her husband a furnished room, and when they had been there about ten days the husband called me up, and said he was robbed of my property, but could not make it good; he offered his wife money to get them out again, but she would not own that she had pawned them; he begged of me to fetch an officer - I fetched Orton about seven o'clock; I have found none

of the property; her husband is waterman at a stand in Cheapside.

JOSEPH ORTON . I am an officer. I was fetched; the husband said his wife had taken the property; she replied"It was your fault - you have not supported me as you ought."

NOT GUILTY .

Reference Number: t18280911-91

SEVENTH DAY, THURSDAY, SEPTEMBER 18.

Second Middlesex Jury - before Mr. Sergeant Arabin.

1648. ANN BLACKMORE was indicted for breaking and entering the dwelling-house of Lewis Pesman , on the 7th of September , and stealing 2 pairs of stockings, value 4s.; 20 handkerchiefs, value 10s.; 1 shirt, value 5s.; 2 cravats, value 1s.; 12 collars, value 5s.; 1 pair of trousers, value 4s.; 3 waistcoats, value 4s.; 1 shift, value 2s.; 1 sheet, value 2s.; 1 blanket, value 2s.; 1 coverlid, value 2s., and 1 candlestick, value 6d. , his property.

LEWIS PESMAN. I am a pasteboard manufacturer , and live in Red Lion-street, Spitalfields . The prisoner came to lodge at my house on the 2d of June, with a man as her husband - they went by the name of Thorp: I am often out in the day-time - I lock my bed-room door, and hang the key in the parlour; I missed things from my drawers at different times - I first missed two pairs of stockings, then a shirt, two neckcloths and several collars - I said nothing to her till the 9th of September, when I took her up and said "Mrs. Thorp, I have been robbed, my suspicious fall on you, and I give charge of you;" she solemnly declared she had taken nothing of mine; I had been to a pawnbroker's before that, and found some things - I gave charge of the man too, but the Magistrate discharged him

JOHN JONES . I am a pawnbroker. I have a candlestick pawned on the 25th of June; two handkerchiefs on the 20th of August, for 6d., and a pair of stockings for 9d.; two waistcoats, and two pairs of stockings, pawned at different times, and part of them by the prisoner.

DICKINSON SOWERBY . I live in Brick-lane, Spitalfields. I have a blanket, shift, two pairs of stockings, and a pair of trousers pawned by a woman whom I do not know.

JOSEPH JOSLIN . I am shopman to Mr. Williams of Brick-lane. I have a waistcoat, but do not know who pawned it.

CHARLES STILL . I am a pawnbroker. I have a bedrug pawned by a woman in the name of Ann Thorp.

JOSHUA CLEMENTS . I am an officer. I took the prisoner in charge, and found four duplicates of the property - one of them is torn to pieces.

LEWIS PESMAN . All this property is mine: I have a wife, child, apprentice and four lodgers - my wife knew where to find the bed-room key; anybody could get at it.

Cross-examined by MR. BODKIN. Q. By your wife, do you mean the woman named Price? A. I married Lady Price: the man who lived with the prisoner, went to work daily - she was at home all day.

Prisoner's Defence. I never had any false key: I found the door open, and intended to replace the things which I pawned.

GUILTY. Aged 21.

Of stealing only . - Transported for Seven Years .

Reference Number: t18280911-92

1649. WILLIAM JONES was indicted for stealing, on the 13th of September , at Tottenham, 27 silver spoons, value 6l.; 5 glass cruets, value 37s., and 1 cruet-stand, value 2l., the goods of Francis Herly , in his dwelling-house .

MARY RELY . I am servant to Mr. Francis Herly, who lives at Wood-green, Tottenham, in the parish of Tottenham . On the 13th of September, between twelve and one o'clock, I was coming out of the kitchen: the drawing-room and parlour are on the ground floor, and the hall between them - the kitchen is also on that floor; I saw the prisoner within two feet of the drawing-room door, with the cruet-stand and a wicker-basket of plate in his hand - I could see the cruet-stand: I said nothing to him, but screamed out three times, and cried Stop thief! my fellow-servant ran to my assistance, and saw him go out of the drawing-room window, (where he must have entered, for there was a chair moved;) the instant he saw me, he sat the stand and basket down, held his fist up at me, and said "Hush" I kept screaming; he jumped out, leaving the property in the drawing-room: I had seen the cruet-stand safe two minutes before, in the dining-room, on the sideboard: the basket contained six table, nineteen dessert, nine tea, and two salt spoons - I had put them on the sideboard, in the dining-room, a quarter of an hour before, with the intention to clean them - I never lost sight of him till he was caught; Reed and the servant of a gentleman, who was on a visit at the house, assisted me.

Cross-examined by MR. BODKIN. Q. You had never seen him before? A. No; he came in disguise, with a basket of walnuts; I had been in the dining-room two minutes before, and left that window open - when I saw him in the hall, I was a good deal agitated - he ran away when I screamed; he turned a corner after he got out at the gate - I was after him, close behind him.

JAMES REED . I am servant to Mr. Herly. I was at home, heard a scream, went to assist Rely, and saw the prisoner running up the lawn, twelve or fourteen yards from the house - I followed and took him: he said nothing but "Don't throttle me."

Cross-examined. There was a cry of Stop thief? A. Yes.

JOHN SMITH . I am an officer. I took the prisoner in charge, and have had the property ever since; I received it on the premises - I took it off the sideboard, in the basket.

MR. FRANCIS HERLY . My house is in Tottenham parish. The cruet-stand is mine - some of the spoons are marked and the others not; the whole are worth above 10l.

Cross-examined. Q. Do you mean that you gave that for them? A. I gave more - the cruet-stand is silver and cost five guineas second hand - I keep the house.

Prisoner's Defence. Mr. Herly said he could not swear to the property - I was out of the witnesses' sight for there is a shrubbery before the door.

GUILTY - DEATH . Aged 19.

Reference Number: t18280911-93

1650. JANE HYDE was indicted for stealing, on the 28th of the July , 14 plates, value 3s. , the goods of John Pawley .

JOHN PAWLEY. I live in St. John-street . On the

28th of July, I received information and missed these plates, from outside my door; I followed and came up with the prisoner, about three hundred yards off, with these plates under her arm: she said a woman had told her to take them - she had not bought them.

JOHN ROBINSON . I am a street-keeper. Mr. Pawley gave the prisoner into my charge.

Prisoner's Defence. I was overtaken by a respectable looking woman, who asked if I knew a woman to clean a house down for her; I said I should be glad of the job - she said "Go home with me and bring these plates with you, they are paid for;" and I took them up.

GUILTY . Aged 53.

Transported for Seven Years .

Reference Number: t18280911-94

1651. JOHN GORDON was indicted for stealing, on the 7th of July , 1 hogshead, value 2s. 6d. , the goods of John Frederick Hastead .

JOHN FREDERICK HASTEAD. I am a cooper - this hogshead was in a yard, in Pennington-street, Ratcliff-highway . On the 7th of July, about three o'clock in the afternoon, Ford gave me information - I went with him and saw the prisoner about three hundred yards from the spot, rolling the hogshead away; I secured him - he said"It was not me that took it."

THOMAS FORD . I saw the prisoner rolling this hogshead two or three hundred yards from the yard - another person was in company with him; the prisoner is not the man who took it out of the yard - I saw him on the opposite side of the way, with another person, walking to and fro, while the other brought it out - the other man appeared to be a cooper.

Prisoner's Defence. There might be twenty people walking as well as me; how could he swear to me above anybody else? - coming along I met a man in a smockfrock and a paper-cap - he asked if I wanted a job, and said he would give me 1s. to carry the hogshead: when Mr. Hastead stopped me, I said I was hired, and pointed the man out - I have been eleven weeks in prison.

JOHN FREDERICK HASTEAD . He pointed no man out.

GUILTY . Aged 20.

Confined Fourteen Days .

Reference Number: t18280911-95

1652. JOHN CARR was indicted for stealing, on the 7th of July , 1 hat, value 10s. , the goods of Sampson Tasker .

SAMPSON TASKER. I live in Brick-lane with my father, who is a weaver. On the 7th of July I was out late, I got home at two o'clock in the morning and could not get in - I fell asleep at the door, and was awoke by the prisoner about three - he was the watchman ; I found I had lost my hat - he asked if I lived there - I said Yes; he said I had better get in doors or I should lose my handkerchief as well as my hat, it then lay in the kennel - I was perfectly sober, and asked him for my hat; he said he knew nothing about it; he gave my father my handkerchief; I had no watch - my money was safe.

Cross-examined by MR. CLARKSON. Q. Did you not swear at the office the first time that you were drunk, and then that you were not drunk? A. Never; I had been out with a few friends, I knocked at the door for twenty minutes, but could make nobody hear; I had been taking a walk - I set out about eight or nine o'clock with a friend, we took some refreshment in Mile-end-road, about three miles from home; I remained in the house till after eleven o'clock - my handkerchief was in my hat when I went to sleep; I pressed my hat very tight on my head that I might not lose it - it might have fallen off.

DANIEL TASKER . I am the prosecutor's father. I got up about three o'clock, and found the prisoner and my son at the door; I asked the prisoner if he knew anything of the hat; he said, "I know nothing of the hat, is this his handkerchief?" which he took out of the kennel; I said it was; I saw no hat in his possession, and cannot say where he found it afterwards.

ALFRED DRAPER . I am shopman to a pawnbroker, who lives in Bethnal-green. I stood by my master at the time the prisoner pawned this hat, in the name of John Carr, on Monday morning, the 7th of July.(Property produced and sworn to.)

THOMAS WEST . I am a constable. I apprehended the prisoner, and asked if he had pawned this hat; he took the duplicate out of his pocket, and gave it to me directly.

Cross-examined. Q. Did he not say he found the hat in the middle of the street? A. There was that conversation passed; but I traced it to where he left it till he came off watch.

Prisoner's Defence. I have a seventeen or eighteen years character, and have been in his Majesty's service.

- LEE. I live in the same house with the prisoner; brought this hat home on Monday, and told me he had found it.

- BIRD. I am a watchman. I was in Brick-lane about ten minutes past five o'clock that morning - the prisoner shewed me the hat and said he had found it; and said if there was an owner he was willing to give it up.

The prisoner received a good character.

GUILTY. Aged 36.

Recommended to Mercy . - Confined Nine Days .

Reference Number: t18280911-96

1653. MICHAEL BURKE was indicted for stealing, on the 8th of July , 1 jacket, value 12s.; 1 knife, value 1s., and 1 tobacco-pouch, value 3s. , the goods of Thomas Collins .

THOMAS COLLINS. I am a sailor . On the 8th of July I was playing at skettles at the ground of a public-house - I pulled off my jacket and hung it on a nail; the prisoner was there - he was a stranger; I missed it when I had done playing; suspicion fell on the prisoner, as he was the only one who had left the ground; the landlord gave him in charge - my tobacco-box and knife were found in his pocket; they had been in my jacket pocket; I have not found the jacket.

JAMES TAYLOR . I am an officer, and have a tobacco-box and knife which I found in the prisoner's pocket.(Property produced and sworn to.)

RICHARD YATES . I am a publican. I saw the prisoner going out of my skettle-ground - he returned; and when the jacket was missed I gave him in charge; he is a labourer at the London Docks; I have known him a year, and never heard anything against him; the pouch was found concealed in his stocking.

Prisoner's Defence. He saw me go out - I could not have the jacket without his seeing it.

GUILTY . Aged 25.

Confined Six Months .

Reference Number: t18280911-97

1654. THOMAS BEAGLE was indicted for stealing,

on the 16th of July , 4 burnishing stones, value 6s. , the goods of Samuel Robinson .

SAMUEL ROBINSON. I am a composition ornament-maker , and live in George-yard, Westminster . The prisoner was four or five months in my service - he prepared work for gilding ; he left on Saturday, the 12th of July, without notice; I paid him weekly - I was then at Hastings; I missed four stones when I returned; I discovered where he was working; I went and asked him what he had done with them; he said he had pawned them over the water, and if I would promise to let him off, he would disclose a person on the premises who was a greater thief than him; I said I would do nothing of the sort, and sent for an officer.

SAMUEL CANNON BARNETT . I am a pawnbroker. I have two burnishing stones pawned on the 28th of April for 1s. 6d., and two on the 9th of July; I do not know who by.

SAMUEL ROBINSON . I swear positively to them.

Cross-examined by MR. PHILLIPS. Q. I suppose you have a private-mark on them? A. No; some of them are numbered, but I speak to them by their appearance; they are differently formed though so much alike; I do not make them.

COURT. Q. The same maker might make others? A. Yes; but they have been in my possession for some years; one is marked on the brass, but not by me; I do not swear positively to them by the mark - here is 8 on one and 17 on another - that is not very common; I never observed it before on burnishing tools.

MR. PHILLIPS. Q. When did the prisoner come into your employ? A. I believe the latter end of March or the beginning of April; I will not swear it was before May, as I made no memorandum of it - but I firmly believe it was the latter end of March; I did not say he had better tell me what he had done with them, nor did the officer in my presence; he went to work about thirty yards from me.

JOHN BILLINGS . I am an officer, and took the prisoner. I asked what he had done with the duplicate of the stones - he would not tell me at first, but on the road to the watch-house, he said if I would go back with him he would give me the duplicate, and he did so.

The prisoner put in a written defence, stating that this prosecution arose from vindictive motives, but giving no account of the transaction; he received a good character.

GUILTY. Aged 21.

Recommended to Mercy by the Jury and Prosecutor .

Confined One Month .

Reference Number: t18280911-98

1655. JOHN SCOLTOCK was indicted for feloniously receiving, on the 21st of August , at St. Giles in the Fields, 4 sets of fire-irons, value 40s.; 1 pair of brass standards, value 8s.; 22 brass cocks, value 10s. 6d.; 1 patent lock, with 2 keys, value 29s.; 2 tea pots, value 7s. 6d.; 1 nursery lamp, value 2s. 10d.; 10 curtain bands, value 9s.; 1 pair of snuffers, value 3s.; one snuffer tray, value 1s.; 2 parcels of screws, value 5s.; one parcel of H hinges, value 1s. 6d.; 1 pepper box, value 1s., and 5 gimblets, value 6d.; the goods of one Edward Colwell , then lately before stolen by one Henry Ward, he the said John Scoltock well knowing the said goods to have been feloniously stolen ; against the Statute, &c.

SECOND COUNT. The same, only stating them to have been stolen by a certain evil-disposed person.

MR. ADOLPHUS conducted the prosecution.

EDWARD COLWELL. I am a furnishing-ironmonger , and live in the Haymarket; I have a very large stock. In consequence of a communication made to me respecting two of my men, named Ward and Fryett; I employed Thomas Dodd to make inquiries for me - the prisoner never had any dealings with me - I saw him in his own shop when I went there.

Cross-examined by MR. BRODRICK. Q. Where is that? A. In Tottenham-court-road; it is a sort of ironmonger's.

THOMAS DODD . I have a brother in Mr. Colwell's employ; in consequence of instructions from him, I went to the prisoner's shop in Tottenham-court-road, and saw the prisoner there, or a person very much resembling him, of his age and appearance - I was there five or ten minutes; I believe the prisoner to be the man - I do not know whose shop it is; I saw two tea-pots there which my brother had described - here is one of them, which I purchased; it was about five o'clock in the afternoon when I went there - there was then a mark on the bottom of the tea-pot above the name of Dixon and Son; my brother was waiting at the corner of Howland-street while I went to purchase it - I saw another tea-pot there with a similar mark; I described those marks to my brother - I went to the shop again between eight and nine o'clock, and saw the same person, (I will not swear it was the prisoner) - the same tea-pots were then produced to me, but the marks were altered by scratching over - I could not discern an N and X which I saw on it before; I bought that tea-pot for 2s. and brought it to my brother - this is it; the shop is the second door from Howland-street, on the left hand going from St. Giles'.

WILLIAM DODD . I am assistant to Mr. Colwell. My brother delivered this tea-pot to me - I can see the remains of the mark N and X on it now - it is a private mark of my own, to tell the invoice price, which was 5s. - we have a discount off that.

MR. COLWELL. In consequence of information from Dodd, I went to the prisoner's shop in Tottenham-court-road, on the 25th of August, with three officers, and saw the prisoner - it was the Monday morning after the Saturday that the tea-pot was bought - the officers searched the premises, and found several things of mine which were marked, and brought them away - I left several which I knew to be mine, but they were not marked; I brought away another tea-pot, on which I could discover the mark, though it had erasures on it, and the original wrapper which had been on it in the shop - I know the wrapper, from the number which corresponds with the number on the tea-pot - here is N X on it - that was on it when found; I have not the least doubt of this, and the one bought by Dodd, being mine; here is a snuffer-tray - the same alteration has been attempted on that; the original mark was I E; there are two or three more marks made to obliterate it; here is a nursery lamp with the same obliteration - I cannot discern the original mark on that: here are a parcel of cocks which I know to be mine by the wrapper they are in - there is W H on them, and R N; they are marked singly - the wrapper was turned inside out when I found

them, with the writing inside; here is a cock I can speak to decidedly, it was marked E of - there has been an attempt to obliterate it, but there is enough for me to know it; I know these cocks to have been in my possession, and I should think they were never sold; here is one of Chubb's patent locks, No. 1323, which is the number in my invoice - I never remember selling it; here is a parcel of stove screws - they have an original mark on them - other marks have been added to confuse them, but I know my original marks - they are in a paper which also has my mark on it; here are some more screws - the original mark has been f p - it has been altered into a T; another parcel of screws, which were marked f p, is now altered to T R; here is a salt-cellar, marked f a; a set of fire-irons, which I know by the pattern, but the marks are taken off by emery paper - they were bought of a particular maker, and are a pattern we generally keep; another pair of fire-brasses, the original mark was F R X- I can swear positively to them; another pair have a mark taken off the place where I mark my goods; here are three other pairs, the marks on which are taken out - the goods were produced by the prisoner; I shewed him several parcels as they were found - he said he had had them a long while in his house; I shewed him these six cocks which were in paper, and asked how long he had had them - he said for some years; I said that was quite impossible from the bright appearance of them - he said "You know they keep bright for a long time if kept in paper;" I took them up, and seeing my mark on the bottom of the paper, I said I knew fully that he had not had those in his possession six months, as they had not been in mine so long; he told me he had bought the goods at Braid's sale; I believe there was a sale of Braid's stock about four years ago; he particularly spoke of having bought these cocks there, and said he had bought all the goods at sales generally; I had no dealing with Braid; I had the prisoner taken to Bow-street; he gave an account there of how he got them.

MR. WOODS. I am clerk to the Magistrates of Bow-street-office, and took the examinations in this case. I did not take down one word that the prisoner said - it is not the practice.

MR. COLWELL. He said he had bought them of a person named Ward, and then said Harry Ward. (Henry Ward, my servant was tried here yesterday.) I believe in answer to a remark of Sir Richard Birnie's, he said"I bought them all generally of Ward;" I afterwards saw Ward at Bow-street, and the prisoner recognized him as the man he bought them of - I did not mention the tea-pot he had brought to him.

Cross-examined by MR. BRODRICK. Q. Were there a great variety of articles at the prisoner's shop? A. Yes; it was chiefly filled with old cranks - there were some other things of the same description as mine; I have two persons who serve in my shop besides myself - I sell my goods with the private-marks on them, and cannot swear I never sold the tea-pot; the six cocks in the paper I speak to from the paper, but two others are marked on the cocks - I speak to them decidedly; the paper has certainly been in my shop - I speak to the lock by the number, I did not take the number down myself; we never sell stove-screws - there is a private-mark on the paper, but not on the screws: there is generally a difference in stove-screws, I can tell mine from another make - I asked him about the fire-brasses, and these curtain bands, as I knew them by the pattern, he said he thought they came with other things from the sale - Braid's was the only sale he mentioned; he did not mention Ward's name at his own house - he said at Bow-street, that he bought that lock of Ward; Sir Richard Birnie asked where he got several other things, he said "I bought them of Harry Ward;" he said so of the fire-irons and cocks.

COURT. Q. Were all the things produced at Bow-street? A. They were; he said he gave 34s. for the lock - he might buy it much cheaper at Chubb's.

MR. ADOLPHUS. Q. You do not know the cocks, but the paper - do you send out the paper with cocks? A. No; if the paper had been with its right side out, I could instantly have told what cocks they were - I know the lock from the number, for I was one of the first who had Chubb's locks, and it is an early number; the mark on the paper of screws was outside, and a pattern-screw tied outside - I had missed the curtain bands about six months ago, and had not sold them; I never knew of Ward having sold him any things, he was not authorized to do so.

COURT. Q. If you sold six cocks together, should you send the paper with them? A. I might then, but do not remember selling six together - I may have thrown aside my papers as waste when the goods have been sold; it is often done - mine is a large business; I could not miss these goods without taking stock - Ward's name is Henry, he called him Harry familiarly; Ward was present during part of the examination - I never sell stove-screws, and do not think others do, they are for use in the business; I never knew an ironmonger sell them.

JOHN UPSON . I am an officer. I went with Mr. Colwell to Scoltock's shop, I know it was his house, I had seen him before, and knew him: I told him I had a warwant to search for property which Mr. Colwell suspected to be there - he was behind the counter, and told us to go on with the search for he had nothing but what belonged to him: I searched and found a good many things - all Mr. Colwell claimed were laid together; and when I asked the prisoner where he bought them, he told me he bought them of a man who hawked them about - I did not ask him the man's name, he said he should know him again if he saw him; these goods were in his presence at the time - I heard the conversation between Mr. Colwell and him about the cocks; he said that parcel of six cocks had been in his possession a long time, and he believed he bought them at Braid's sale - there was a great quantity of all sorts of ironmongery about the shop, fire-irons and cocks; at Bow-street, he said he had given 24s. or 34s. for the lock, but it had been so long in his possession, he could not call to mind the sum; I think he said he had it two years, I am pretty sure he said so - the brass-irons, and other things, he said he bought of Ward: Ward was brought in, and he said he was the man, and that he had bought the lock of him.

Cross-examined by MR. BRODRICK. Q. Was Mr. Colwell in the shop when you were? A. Yes, all the time; and could hear all that passed.

WILLIAM DOWNES . I was formerly in Mr. Colwell's

employ; Henry Ward was also in his service - I saw him take a set of common steel fire-irons one evening up to Scoltock's shop in Tottenham-court-road, I went with him - they were similar to those produced; he came out without them, and shewed me 3s. - they were Mr. Colwell's irons; I think it was about two years ago - I went with him again very shortly after that, and he took six beer cocks - it might be a week or more after he took the fire-irons; Fryett had brought the cocks down from the shop - I think they were taken away loose, not in paper; Ward took them into Scoltock's shop, came out without them, and brought 6s. out in his hand - I never went to the shop after that; I recollect this patent lock - I know Ward had one of these from Mr. Colwell's; I saw him take it out of the shop.

Q. Have you ever seen the prisoner near Mr. Colwell's shop? A. Yes, two or three times; he came and knocked at the iron rails, Ward went out to him - I saw which way he went, and Ward followed him; I was examined at Bow-street, and was locked up with Scoltock and Ward afterwards - Ward grumbled, and said to Scoltock,"You know you only gave me 5s. for the lock;" I did not hear what passed further - Ward had told me in the prisoner's hearing, that it was the same lock as what I had to do with.

Cross-examined by MR. BRODRICK. Q. Did you go and tell your employer what had been done? A. No; I was taken up and examined at Bow-street - I was out on bail; I was at the bar yesterday, and was let off - I believe evidence was offered; I do not know anything about it, but I was acquitted.

MR. ADOLPHUS. Q. After you were at the bar, did any witness stand were you do now? A. No - I told Mr. Colwell about the fire-irons before yesterday - I surrendered here yesterday.

MR. CHARLES CHUBB. I know this patent lock by the number to be one I sold Mr. Colwell; here is an entry in our books made by my father, who is at Portsmouth.

The Court called on Mr. Adolphus to elect on what article he proceeded, and the six beer cocks were fixed on.

MR. BRODRICK to THOMAS DODD. Q. Do you mean to say you can tell the beer cocks, which you say were taken to Tottenham-court-road? A. I do not mean to say I can swear to them - I saw the cocks; there were six.

MR. ADOLPHUS. Q. You saw the cocks taken out of Mr. Colwell's passage by Ward; they were carried to Scoltock's by Ward, who came out with 6s. in his hand? A. Yes.

MR. BRODRICK. Q. How do you know he did not receive a great deal more? A. I cannot say; only that is what was in his hand.

The Record of Ward's conviction was here read.

JOHN UPSON. I was examined on Ward's trial - he is the person I saw at Bow-street, and of whom the prisoner spoke.

Prisoner's Defence. I bought the things conscientiously, thinking them honestly come by - this man represented himself to me to be in business in Belton-street, and that it was the remainder of his stock; I gave a fair and honourable price for it - he was formerly a master smith in Belton-street: the fire-irons are from the country.

NOT GUILTY .

Reference Number: t18280911-99

First Middlesex Jury - Before Mr. Sergeant Arabin.

1656. MARY BURTON was indicted for stealing, on the 26th of August , 11 planes, value 19s., and one spokeshaft, value 1s. , the goods of James Miell .

JAMES MIELL. I am a cabinet-maker , and live in Joseph-street . On the 26th of August I missed some tools from a chest in my front kitchen; the prisoner had been working at my house some time; she had been taken in, about five months before, by a lodger, out of charity, being a friendless child - I have known her three years.

WALTER TROTT . I am a pawnbroker, and live in Goswell-street. The prisoner pawned some tools with me.

JOHN ABTHELL . I am a pawnbroker. I have four planes pawned, between twelve and one o'clock, on the 6th of August by the prisoner.

GUILTY. Aged 13.

Recommended to Mercy by the Jury and Prosecutor on account of her youth.

Judgment Respited .

Reference Number: t18280911-100

1965. DANIEL BAILEY was indicted for bigamy .

GEORGE AVIS . I am an officer. I have two certificates, which I have compared with the parish registers of Hackney and Chatham and found them correct - I apprehended the prisoner on the 27th of July; he was given in charge by his first wife, at Chelsea; I told him the charge - he said he had long expected it, and the reason he had married his second wife was that he had a respect for her, and did not wish her to be called a prostitute - his second wife is not here.

JANE DAVIS. I was at Chatham, at the prisoner's marriage, on the 19th of September, 1812; he is a pensioner, and belonged to the same regiment as me - I witnessed the register: I never saw his second wife.

The registers of the prisoner's marriage at Chatham, on the 19th of September, 1812, to Mary Jackson , and on the 1st of November, 1825 , to Ann Lawton , at St. George's, Hanover-square, were here read.

WILLIAM COPEWELL . I am a labourer. I have known the prisoner two or three years, and was at his marriage at St. George, Hanover-square - I knew his first wife, when she lived with him, about three years and a half ago; I saw her alive last Saturday week; she was a neighbour's child - this prosecution is not at her instance.

Prisoner's Defence. He urged me to marry several times; I objected to it, but he persuaded me - my first wife and I agreed to separate and never speak: I never could live at peace with her; I understood she had been married before, but the witnesses who had informed me of it were dead - she has prostituted herself in my own bed; she had money allowed by gentlemen she formerly lived with; she has had 4s. a week from me, and obtained money from three or four different parishes.

ANN RUST . I have known the prisoner some years; I only know that the conduct of his first wife was very bad, indeed most disgraceful; she conducted herself most disgraceful - he made a good husband and forgave her a good many times, till he was thought too indulgent.

GUILTY. Aged 48.

Recommended to Mercy by the Jury . - Confined 2 Months .

Reference Number: t18280911-101

1658. LOUISA CAUFIELD was indicted for stealing, on the 5th of July , 1 watch, value 3l., 1 chain, value 5s.,

and 1 key, value 5s., the goods of William Russell , from his person .

WILLIAM RUSSELL. I am a journeyman carpenter . On the 5th of July, about half-past eleven o'clock at night. I was going home; the prisoner met me in Titchbourn-street and asked me for something to drink - I refused; she then caught hold of me by the arm and walked some distance by my side; we then stopped about three minutes in Jermyn-street - she left me all of a sudden; a young man came up and asked if I had lost anything; I felt and missed my watch - she was taken in about ten minutes: my watch was safe ten minutes before when I left my father; she was the only person I spoke to.

Cross-examined by MR. CLARKSON. Q. She spoke to you first? A. Yes - we stood together three minutes: I had been drinking in the early part of the evening - I cannot say I was sober; I knew what I was about - I do not recollect going to any gin shops; I had 3s. and a few halfpence - I did not spend that on her, for I found money in my pockets next morning; I did not give her the watch.

JONAS HOILES . I am a plasterer. I saw the prosecutor with the prisoner on the night in question - I watched them, and saw the prisoner holding the prosecutor by the arm; I stopped and watched - I saw her hand about the waistband of his trousers; after that she saw me, and turned her back towards me, and her face towards the prosecutor, and in a very short time left him - he appeared as if he had lost something; he ran towards Pall-mall; I went after him, and asked if he had lost anything - he exclaimed, "She has got my watch;" we followed her - I saw her go into a shop in Jermyn-street; I went and found her there - I heard the watch fall from her, and picked it up; I have not a doubt it fell from her.

Cross-examined. Q. Were you near enough to hear the conversation between them? A. No - I cannot tell whether he gave it her to pawn.

THOMAS GOOK . I am an officer. I received the watch from Hoiles - the prisoner said she had never seen it, and knew nothing of it, but in our way from the office on Monday she said he gave it her instead of money.(Property produced and sworn to.)

The prisoner put in a written defence, stating, that they had gone to several gin shops together - that the prosecutor had given her the watch to borrow 10s. on it, and what the witness saw, was her feeling in his waistcoat pocket, by his desire, to see if he had any half-pence to purchase more gin - she found 2 1/2d., which she returned, and she had gone into the shop to borrow the 10s.

WILLIAM RUSSELL . She did not return me 2 1/2d.

JONAS HOILES . I did not see them go into any gin shops - it was a quarter to twelve o'clock when I saw him.

GUILTY . Aged 36.

Transported for Fourteen Years .

Reference Number: t18280911-102

1659. JAMES CULLENDER was indicted for embezzlement .

JOHN BRETON . I am a baker , and live in the Commercial-road. The prisoner was my servant , and entrusted to receive money on my account, and should bring me the money the same morning, when he came from his rounds; Elizabeth Hogg was a customer, and owed me 8l. 1s. 4d.

ELIZABETH HOGG . On the 1st of August I paid the prisoner 8l. 1s. 4d. on his master's account - here is his receipt for it - (read.)

MR. BRETON. He said nothing to me on receiving this amount, but went away the same morning without notice, or giving an account of what he had received, or where he left his bread.

EBENEZER DALTON . I am an officer. I apprehended the prisoner at Margate on the 8th of August.

GUILTY . Aged 18.

Transported for Seven Years .

Reference Number: t18280911-103

1660. MARTHA TURNER was indicted for stealing, on the 9th of July , 1 sovereign and a 5l. note, the property of Joseph Jones , from his person .

JOSEPH JONES. I am a seafaring man . On the 9th of July, at half-past six o'clock in the evening, I was at a public-house in St. George's in the East, having a pint of beer; the prisoner, whom I had never seen before, came and asked my leave to drink out of my pot, as she was thirsty - I gave her leave; after drinking she asked which way I was going - I said towards the Commercial-road; she said she was going that way, and walked on by my side, at times behind and before; when she came to Cabel-street she said, "I live up here, I have something to shew you which is quite a curiosity - I went with her; she unlocked the door, and as soon as I got in she said, "Ayn't you going to treat me;" I said, "Is that your curiosity, I have no money, I think" - she said, "I know you have;" I put my hand into my pocket, and found I had some; she came round, and put her hand into my left hand pocket, in which I had a sovereign and a 5l. Bank note - she took it out, flew out of the door, and knocked my hat off; I saw the note in her hand, and while I stooped to pick up my hat she was out of my sight; I saw no more of her till next evening, when I got an officer, and found her in a public-house; as soon as she saw me she tried to run away - the officer flew after her, caught hold of her, and she was secured; I have not found my property.

Cross-examined by MR. BODKIN. Q. You never saw her before? A. No - I am a married man; I did not go there for any improper purpose - I was allured into her room - it is a lower room; I was not tipsy; I found her next night in the same public-house - my hand was on the note when she was unlocking the door; I had received the money from a carpenter that morning.

RICHARD CARTER . I am an officer of the Thames Police. The prosecutor came on the 10th, and stated this case - he pointed the prisoner out in the White Lion public-house; I took her - he had described her to me.

GUILTY . Aged 18.

Transported for Life .

Reference Number: t18280911-104

1661. THOMAS LIPSCOMBE was indicted for that he, on the 23d of June, 1828, was convicted at Hammersmith, before Luke Thomas Flood, Esq. one of his Majesty's Justices of the Peace, for that the said Thomas Lipscombe did, on the 18th of June, in the year aforesaid, at Fulham, unlawfully steal a vegetable production,

(to wit) 14 roots, called lettnce, value 8d., the property of Henry Adam, then growing in a certain garden there situate; against the Statute, &c.: and the said Luke Thomas Flood did adjudge the said Thomas Lipscombe, for his said offence, to be imprisoned in the House of Correction at Clerkenwell, and there to be kept to hard labour for one calendar month, and that he, having been so convicted, afterwards, (to wit) on the 29th day of August , in the year aforesaid, at Hammersmith, feloniously did steal certain fruit, (to wit) 2 bushels of apples, value 15s.; 7 dozens of peaches, value 35s., and 2 pecks of pears, value 3s., the goods of George Aylesbury , and there growing in a certain garden there situate , and belonging to the said George Aylesbury; against the Statute, &c.

MR. PHILLIPS conducted the prosecution.

JOHN DAVEY . I am a watchman, of North-end, Fulham. On the 30th of August, just after four o'clock in the morning, I saw the prisoner at North-end, with a barrow loaded with two sacks and a basket; I asked him if he was going to market - he said No; I asked what the sack contained, he said half a bushel of onions and two bushels of potatoes: he left me, and in consequence of what my fellow-watchman Jenkinson said, I placed myself in the road, where I thought the prisoner would pass - he came that way; I asked him about the sacks, he said he had a few potatoes; Jenkinson came up; we searched the sacks, and they contained apples and pears, no onions nor potatoes; there was upwards of seven dozen peaches in the barrow - he was about a half a mile from Aylesbury's premises.

WILLIAM SMITH . I am a constable of Hammersmith. On the 30th of August. I saw the prisoner in custody; I took off his shoes and went to Mr. Aylesbury's garden, and saw footmarks just under the peach and appletrees; I compared the shoes with the footmarks, they corresponded exactly: next morning I got the peach stems from Mr. Aylesbury, and compared them with the parts of the tree; the fruit appeared to be knocked off, and it corresponded; I have one here.

COURT. Q. Were there nails in the shoes? A. No; they were wornall on one side; they corresponded exactly.

GEORGE AYLESBURY . I am a market-gardener , and live at North-end, Fulham. On Friday evening, the 29th of August, I walked about my garden previous to going to bed, and left all safe: on getting up next morning I missed pears, apples and peaches - I missed about the same quantity as were found on the prisoner, as near as I can guess, and the same kind of fruit; the peaches were compared with my trees - there were about two bushels of apples and half a bushel of pears, besides the peaches.

THOMAS HACKMAN . I have a certificate of the prisoner's conviction, which I got from Mr. Selby, the clerk of the Records, I and the clerk compared it with the record. -(Read, see indictment.)

Prisoner's Defence. I attend Paddington-market, and take my goods home; I go round on Saturday, and sell them.

GUILTY . Aged 56.

Transported for Seven Years .

Reference Number: t18280911-105

1662. WILLIAM HARMAN was indicted for embezzlement .

MR. PHILLIPS conducted the prosecution.

MR. THOMAS SHRABNER. I am cashier to the County Fire-office; Mr. Barber Beaumont is the managing director ; there are other partners concerned; the prisoner was a servant of the company. On the 25th of August I gave him this draft for 4l. 11s. 8d., on Mr. Boyd (looking at it) - I sent him to receive it; he did not bring me back any money - I asked for it; he said he had not received it, for Mr. Boyd was out. On the 4th of September I asked him about it again - he said he had not received it; I asked him for the draft - he had not got it to produce; Mr. John Beaumont told him to go and fetch the draft or money immediately - he went out of the office, came back, and I asked if he had been there - he said No. On the 9th of September he was called into the office; he then voluntarily acknowledged that he had received it, and had never paid it over to me - he has been eight years in the company's employ.

JAMES BOYD . I am an ironmonger, and live in Welbeck-street. On the 27th of August the prisoner brought me this draft; I paid him the amount on account of the office; I know him well, and have often paid him money.

GUILTY . Aged 45.

The Learned Counsel stated that they had charges to the amount of above 100l. against the prisoner.

Transported for Seven Years .

Reference Number: t18280911-106

Second London Jury - before Mr. Sergeant Arabin.

1663. WILLIAM GREGORY was indicted for embezzlement .

MR. CRESWELL conducted the prosecution.

MR. CHRISTOPHER HIGGINS . My house of business is in Cheapside - I had a son in partnership with me; he has died since this transaction. The prisoner was in our employ, as town traveller and collecting clerk ; he came to us in October, and left in July - we did not discharge him: my son was the acting partner; the prisoner never accounted to me for sums he had received; Mr. Ludgate was a customer of ours - the prisoner's duty was to account every night for money he had received in the morning; he never accounted to me for this sum.

COURT. Q. How did he leave your service? A. My son wrote me word that he had absconded - I paid him every Saturday night; he left on a Friday.

Prisoner. Q. You have received none of the money back, have you? A. No - I am not indemnified for any part of it.

WILLIAM PRESS . I am in Mr. Higgins' service. On Thursday, the 26th of June, the prisoner was sent to make a list from the book, of the money he had to collect, and from that list he was to receive the account; he left the warehouse on Friday morning before I got there; he was expected home as usual about half-past seven o'clock, but did not come, and next morning I received this letter, which is in his hand-writing; the very moment Mr. Higgins, Jun. came to the warehouse I gave him the letter - Todd and Ludgate are customers of ours.

Prisoner. Q. Had you any reason to doubt my integrity while in the empoy? A. I had better not answer the question, as I am on my oath.

Q. I wish you to answer it? A. Then I had reason.

(Letter Read.)

Mr. HIGGINS, 28th of June.

Sir - I have only time to say I have been robbed, and request you to ascertain instantly the banker's of Townsend and Co., and stop payment of their cheque for 12l. 12s.; also the number of a 10l. and 5l. note, paid me by Todd's, of Moorfields. You will hear from me again.

Yours, unhappily, J. GREGORY.

JOHN TODD . I am a customer of Mr. Higgins' - I owed them some money; the prisoner called for it; I paid it to him on Friday, the 27th of June, in a 10l. Bank note, a 5l. country note, and 6s. 6d. in silver.

PETER LUDGATE . I am a draper, and live in Carthusian-street. On the 27th of June the prisoner called for 2l. 18s. on Mr. Higgins' account - I paid it to him.

Prisoner's Defence. I freely admit having fallen into errors of losing property, but I do declare solemnly, as to secreting money for my own benefit, I have not done. On the day in question I had the east end of the town to collect from - two persons are generally sent there, and in order to make the best of my time, I hurried myself; it was very hot - I went without anything till four o'clock; I had then got all my accounts but two, and felt myself so extremely exhausted, I sat down, and suffered myself to be betrayed by drinking an extra pint of ale, which got the better of my nerves - I did not know what I was doing, nor do I at the present moment, if it is the last word I have to utter, know where I lost the property. I have been a tradesman in London sixteen years, and never had my character called in question: and am sorry I should fall into this error from my own weakness, but Mr. Higgins. Jun. knew if I drank too much what was the effect. I have a wife and five children, who I have brought up respectably.

MR. HIGGINS. He was apprehended at Dover - he had no business there.

Prisoner. My reason for leaving London was, my feelings were so overcome; I did not know what I was doing.

GUILTY . Aged 35.

The prosecutor stated his loss at 60l. or 70l.

Transported for Fourteen Years .

Reference Number: t18280911-107

1664. SILVESTER MURPHY was indicted for stealing, on the 23d of July , 1 handkerchief, value 3s., and 1 pair of gloves, value 6d. , the goods of James Hudson .

JAMES HUDSON. I am in the Manchester trade and live there. On the 23d of July I was lodging in Jewin-street; I accompanied a friend in a coach to the Peacock public-house at Islington; we then strolled about the place, and went into the Belvidere gardens about nine o'clock, played a game or two at skittles, then went into the house and staid till near twelve o'clock, when I left alone - I went down Goswell-road as I thought, but understand I went Clerkenwell way; it was a dark night, and the prisoner accosted me - it might be in Aldersgate-street; he asked where I was going - I said home; he said which way, and I said to Jewin-street; he got hold of my arm, and said he should be glad to walk with me; I said I did not wish him to put himself out of his way, I could walk myself; he said he lived that way and would walk with me; I said very well; and we walked arm-in-arm; in coming down Aldersgate-street I met a gentleman at the corner of Jewin-street, who said, "Is this Jewin-street Sir?" Yes, said he; I went and knocked at my own door, and was immediately thrown down in the street by the prisoner; the gentleman had followed us up the street, and walked past us before I was thrown down, and got ten or twelve yards behind us just as I was in the act of falling, after I had knocked at the door; the gentleman ran up and said,"Have you been robbed?" I said, not that I knew of; he said, "Feel in your pocket;" I felt, and my handkerchief and gloves were gone; the prisoner ran away, and the gentleman pursued, calling Stop thief! he was stopped somewhere in Aldersgate-street and brought back to me by the watchman before I got in, and we went to the watch-house; my handkerchief and gloves were found.

Cross-examined by MR. ADOLPHUS. Q. Have you a warehouse of your own at Manchester? A. Certainly I have, in Dickenson's-court; I was there last in June - my business has been going on there since; I believe I had not been in London for ten years before; my friend is not here - he lives at Manchester; the prisoner accosted me about twelve o'clock; I was not quite sober nor quite drunk, merely merry.

Q. Then it is not true that you solicited this man's help to lead you along? A. Certainly I did not - I cannot tell where he accosted me, I believe it was in Aldersgate-street; I think I left the Belvidere before twelve o'clock - I do not know the time; I had a watch but no money - I spent it all.

Q. On your oath, were you not standing in a state of drunkenness and helplessness on Mutton-hill when this man came up to you? A. I tell you it was no such thing; I felt him suddenly feel my waistcoat pocket in Aldersgate-street; I did not fall till I got home - that I swear; I asked him to go in doors when I got home, and if I had got him in, I should have taken a little examination.

Q. There was no watchman to give him to in your way. A. They are gentlemen I do not wish to fall into the hands of.

FRANCIS BASSETT . On the night in question I was coming home from the Theatre, and saw the prosecutor at the corner of Jewin-street - the prisoner had hold of his arms; Hudson was rather intoxicated, and was rather pulling to get away from him; I heard Jewin-street mentioned - I stopped and said, "Is this Jewin-street?" they said Yes; they went on together; I thought from the prisoner's appearance that they were friends, but the prisoner said, "Come along, we are all right Sir!" and his saying Sir, I thought perhaps it was not so; I followed them, and in the way there was a scaffolding, and about ten yards from that is his lodging - hearing one of them knock, I thought I would walk past, and as I went by I heard Hudson say, "Will you come in, and have something to drink?" The prisoner said "No - I have seen you safe home Sir;" I passed about twelve yards, and looking back, saw him push the prosecutor into the middle of the road; I immediately ran back, and said, "Have you hurt yourself Sir?" he made no answer; I then said, "Has he robbed you of anything?" he said "He is a regular thief;" I then called Stop thief! the street was quite clear - the prisoner heard me, and must have been aware that I was the person who followed him - he ran nearly a quarter of a mile, from Jewin-street and I after him, the watchman took him several paces off; he was taken to Hudson, who was still at his door - the watchman examined his fob, but he had puthis watch-seals in; I saw the pri

soner searched at the watch-house, and the handkerchief was found in his hat, and a note was taken out of his breeches pocket with Hudson's name on it.

Cross-examined by MR. BARRY. Q. Had not the watchman to put his hand to feel if the prosecutor had his watch safe? A. I do not think he had; I was very near them till they got to the door; the prosecutor said at the watch-house that the prisoner had put his hand into his waistcoat pocket; he did not say so in the street; I was about twelve yards off when he was pushed down; the prisoner must have seen me pass, but there is a turning two yards further; I am a law-stationer - my office is in Mitre-court, Fleet-street; it is not my office, but Mr. Furlong's; I have a little business of my own - I live in Old-street - this was my road home: it was about a quarter past one o'clock.

JOHN WILLIAM HARRISON . I am an officer. The prisoner was brought to the watch-house; the prosecutor said his handkerchief was a yellow ground, marked J. H. - I searched the prisoner, and found it in his hat, and a note in his breeches pocket.

Cross-examined. Q. No objection was made by the prisoner to be searched? A. None at all; the prosecutor was rather drunk, but knew what he was about: I found no other handkerchief on the prisoner; he said he always kept his handkerchief there, and that he had fallen down when walking with the prosecutor.

COURT. Q. Was the prisoner drunk? A. No, he was sober.

THOMAS REYNOLDS . I am a watchman of Aldersgateward. I stopped the prisoner, who was running, and saw the handkerchief found in his hat at the watch-house - the gloves were found in the watch-house secreted under the desk - he was close by that place.

Cross-examined by MR. ADOLPHUS. Q. Where was the prosecutor when the gloves were picked up? A. In one part of the watch-house; the prisoner produced the handkerchief from the hat himself, and said he thought it was his own, and he had made a mistake and exchanged it.

Q. Did he not say they had fallen down, and both their hats fell off? A. I did not hear that.

THOMAS RIVERS . I am patrol of Aldersgate-ward. The prisoner was brought to the watch-house - I saw him take something from his pocket - I did not know what it was then, but watched, and from his left hand saw him throw a pair of gloves under the desk; I picked them up, took them into the other room, and asked if he had dropped anything; he said No, he had no gloves - the prosecutor owned them; he was sensible enough to describe his handkerchief.

Cross-examined by MR. BARRY. Q. How many people were in the watch-house? A. I, the prisoner, watchman and prosecutor, in one room; the prisoner said the handkerchief in the hat was his - he had no other about him; he said their two hats had fallen off together, and he had picked the hat up, and put the handkerchief into it, thinking it was his own.

JAMES HUDSON . This is my handkerchief; I never carry it in my hat, nor was it there that night - my hat did not fall off; I believe the gloves to be mine - this note was in my right-hand waistcoat pocket.

The prisoner in his Defence, which was partly inaudible, stated, that he had seen the prosecutor leaning against the railings on Clerkenwell-green intoxicated and had assisted his home, that when they got to Jewin-street he insisted on his going in, which he refused; but the prosecutor endeavoured to pull him in, upon which he forced himself from him; that on the road they fell and their hats came off; he picked his own up, and thinking the handkerchief had fallen out of it took that also, but had never seen the gloves or the note; but if he had the note, he muat have picked it up conceiving it to be his own; he stated himself to have an income of nearly 500l. a year, and could have no motive to commit a robbery.

MARY WARREN . I am a widow, and live in Leather-lane. On a Wednesday night in July, I was going for some medicine for my son, who was very ill; it was twelve o'clock or half past when I went out; I came across Ray-street, Clerkenwell, and saw the prisoner and prosecutor - the prosecutor was much intoxicated, dreadfully so, he could not stand; he was close to the rails just by a small ironmonger's shop; the prisoner, who I thought I had some knowledge of, made me stay to look at him, fearing the prosecutor would be robbed - he had a watch and umbrella, his seals hung out from his fob, and his hat fell off; he asked the prisoner to take him to Jewin-street, City; I did not understand what the prisoner said, for I was in a burry: I saw them go away together - the prisoner picked his hat up, gave it to him, and they went up the Green together: the prisoner lead him - he could not stand

Q. Might he not have robbed him in the road about the Charter-house, and then run away very well? A. Yes - a man passing at the time said "Oh, he has been dining with Mr. Lushington to day." I came here in consequence of seeing an advertisement in the paper about a week after, and I went to the attorney; I made an affidavit, and the prisoner was bailed before a Judge; I have not the least acquaintance with the prisoner; I go out to work in gentlemen's families.

JOHN BRAY . I am a watchman. My beat is on Clerkenwell-green. On the 23d of July, about half-past twelve o'clock at night, I saw two gentlemen, one of them was very much intoxicated, and asked the way to Jewin-street - he had an umbrella on his arm, it fell after I had directed him; and the gentlemen, who I believe to be the prisoner, picked it up - one of their hats fell off, and directly after it was picked up the other fell off; I was not close enough to see anything else picked up; I followed them off my beat, and saw them go down Jerusalem-passage; I am positive the man who had the umbrella was drunk; I know nothing of the prisoner.

JURY to JAMES HUDSON . Q. On which side of you did the prisoner walk? A. On my right - he had hold of my arm; I invariably carry my handkerchief in my right-hand pocket, and my gloves in the left; I am not positive they were so on that occasion; the woman says my seals were out - I do not wear seals, and never wear the ribbon out of my pocket.

NOT GUILTY .

Reference Number: t18280911-108

1665. HENRY MOON was indicted for stealing, on the 11th of September , 1 necklace, value 5s., the goods of George Brignall , from the person of Emma Brignall .

GEORGE BRIGNALL. I live in Upper Thames-street - my daughter Emma is eighteen months old. On the 11th

of September, a man came to me while I was at work, and said my child was robbed - I ran to St. Andrew's-hill and found the prisoner in custody.

JOHN BOLLAND . I was in Earl-street , and saw the prisoner and another young man together. I saw this little girl with the child in her arms, standing opposite; I heard her call Stop thief! I turned round and saw the prisoner running up St. Andrew's-hill - he turned up a court; I lost sight of him, but saw an officer bringing him back in ten minutes, and am sure he is the same boy.

JOHN HOOD . I am a baker, and live on St. Andrew's-hill. I found the beads in my shop, which the prisoner ran by; and gave them to the constable - I did not see him pass myself.

NATHANIEL MINES . I am a beadle. The prisoner was given into my custody by Hood; I heard a cry of Stop thief! as I stood at the corner of Bristow-street, and finding the prisoner had run round the court, I went round and caught him in the middle of Break-neck-steps.

ELIZA CORBETT . I live with Mr. Brignall, and had the care of his child. I had been down the steps of Blackfriars'-bridge with her; I saw the prisoner and another down there, and came away, leaving them there, and when I got into Earl-street, a how came flying before me - I picked it up, and wondered where it came from; another man in a brown coat said "You may have it if you like;" I said "Very well;" I walked on a step or two, and the other one said it was worth 1d.; I said it was, and just as he said the word, the prisoner came round the side of me, and took the necklace off the child's neck; I looked round and saw the shade of it - he turned round, and ran across the road; I hallooed Stop thief! and ran after him - I am quite certain he is the boy who took it.(Property produced and sworn to.)

Prisoner's Defence. I was coming down the street, and ran across the road, they called Stop thief! I turned up a court and was taken.

GUILTY . Aged 18.

Transported for Fourteen Years .

Reference Number: t18280911-109

1665. JOHN LATNEY was indicted for stealing, on the 3d of September , 1 handkerchief, value 2s., the goods of a person unknown, from his person .

ALEXANDER MOORE . I am a constable of St. Luke's. On the 3d of September, about half-past seven o'clock in the evening, I was at Bartholomew-fair , and saw the prisoner in company with another, watching a gentleman; I saw him put his hand into the gentleman's pocket and draw the handkerchief out - I secured him; the gentleman said he would follow me, but I lost him, and do not know his name.

GUILTY. Aged 14.

Recommended to Mercy. - Judgment Respited .

Reference Number: t18280911-110

1666. WILLIAM YOUNG and DAVID WILLIAMS were indicted for stealing, on the 31st of July , 1 handkerchief, value 1s., the goods of a person unknown, from his person .

JOHN ROE . I am a City officer. On the 31st of July, about eleven o'clock in the morning, I saw the prisoners pass the Mansion-house very quick, in company together - I had suspicion and followed them, and at the corner of Lawrence-lane , Williams picked a gentleman's pocket - I crossed over, and laid hold of him; Young went down the lane a few yards and returned - I asked a gentlemen to hold him, which he did; he was within about half a yard of Williams when he did it - I took them both to the Mansion-house; the handkerchief hung out of the gentleman's pocket - it was a blue one; the gentleman was quite unknown to me - I did not see Young take any part in it.

DANIEL BENJAMIN LEADBETTER . I am a marshals-man. Roe brought the two prisoners to the Mansion-house; I found two handkerchiefs in Young's hat, and in his left-hand coat pocket three more.

Cross-examined by MR. CLARKSON. Q. Did he not say he had bought them in Rag-fair? A. No; he said the two in his hat were his own, and at the second examination he said one his father's initials in the middle - there was another letter besides Y in the middle; I know his father is a respectable man.

HENRY TURNPENNY . I am an officer. This handkerchief was thrown into the area of the Mansion-house, about ten minutes before the prisoners were brought in.

WILLIAM TURNER . I was at work at my father's printing-office, at the corner of Lawrence-lane, and heard a scuffle; I looked up the front area, and saw a handkerchief lying there - I took it to the Mansion-house.

WILLIAMS' Defence. I was collared by Roe, who said I had picked a gentleman's pocket - he called the gentleman, who came back, felt in his pocket, and said he had not lost his handkerchief.

JOHN ROE. I did not hear what the gentleman said; he turned his nose up as if to siguify that he would have nothing to do with it.

WILLIAMS - GUILTY . Aged 18.

Confined Three Months .

YOUNG - NOT GUILTY .

Reference Number: t18280911-111

1667. JAMES ALLEN was indicted for stealing, on the 22d of July , 1 sovereign, 1 half-sovereign, 1 crown, 2 shillings, 2 sixpences, and one 10l. Bank note, the property of Joseph Moss , from his person .

JOSEPH MOSS. I am a seaman . On the 22d of July, about three o'clock in the afternoon, I was at the Three Sugar-Loaves public-house, St. Mary-axe and had a 10l. note, a sovereign and a half, and 3s. in my waistcoat pocket - I went there to meet a shipmate and his wife; I was sober - we had no liquor there; I went to see my mate off by the Deptford coach, in Gracechurch-street - we went into the Bell public-house there, and in about half an hour the prisoner came in; I had no conversation with him - he was a stranger; he sat down by me - I fell asleep with my head on the table, and when I awoke I missed my silver - the 10l. note was in my pocket then; the prisoner was still sitting by my side - I was rather groggy then; he left the house before me - I did not miss the note till next morning, but the witness can tell about it better than me.

EDWARD PAVELING . I was at the public-house; I saw the prisoner and prosecutor sitting by each other; the prosecutor fell asleep - I saw the prisoner's hand go into the sailor's right-hand waistcoat pocket three times; I acquainted my master of it (Mr. Lennox, the landlord);

he said he did not like to interfere - the sailor went away first; I told him to feel in his pockets and see if all was right; he said it was all right - he came next morning and said his money was lost.

Prisoner. Q. Will you swear I took anything out of his pocket? A. No.

GEORGE MARTIN . I am a smith. I was at the public-house, about half-past six o'clock on this evening, alone; the prosecutor, prisoner, and another person entered in about ten minutes; they called for a pot of half-and-half - the prosecutor pulled some silver from his right-hand waistcoat pocket and paid for it: he fell asleep soon after - the person, who came in with him, sat on his right side, and the prisoner on the other - the other man went away soon after; his name, I understand, is Jackson - the prisoner then shifted round towards the sailor, who seemed to be asleep, but in a very little time the prisoner's hand was very near his pocket; the sailor got up and said "It won't do. I am awake to that," and went to sleep again - Paveling came to me and said "Look out;" I kept my eye on the prisoner and saw him put his hand into the prosecutor's pocket and take some silver out, but what it was I cannot say - Paveling came and said "I want to speak to you;" I went out with him into the passage: he asked if I had seen it - I said he had better acquaint his master; he said he had, but he did not chose to interfere - his name is Lennox; he keeps the Bell, Bell-yard, Gracechurch-street - during this time the prisoner came out, asked for a candle, and said he was going to the privy - I saw him go to the cellar and return, and Jackson returned; they both went in on the same side of the box, but did not go near the prosecutor again; they asked for another pot of half-and-half and asked me to drink; I said if I did I would pay part; I paid for a pint - they then said they would have another pint, and that the sailor should pay for it when he awoke; I said I would have nothing to do with that, and called for a pint for myself - they drank theirs and said they would have another, and the sailor should pay for it; the waiter said if he was to pay for it he must awake him; he roused him up and told him there was a pot of half-and-half to pay for; he put his hand into his right-hand pocket and pulled out a note, he turned it over to his left hand pocket, put his hand into his pocket again, and said something about half-and-half - he rapped his arm on the table and said he did not like such tricks: Paveling said "If you have silver why not pay for it out of that;" he said "I have no silver, it is gone," and then threw down a sovereign - I had seen the prisoner take the silver out of his pocket: I believe I left the house first.

GEORGE BLINKS . I am waiter at the house. The prisoner was taken next morning at the White Hart public-house - the sailor had come that morning and said he had been robbed by Allen.

JOHN VENN . I apprehended the prisoner - the prosecutor charged him with robbing him of a 10l. note, a sovereign and a half, and 8s. 6d. in silver; he denied all knowledge of it at first - he did not deny having been there - I have known him for six or eight weeks.

Prisoner's Defence. I was at the Spread Eagle, Gracechurch-street, at the time.

GUILTY . Aged 32.

Transported for Life .

Reference Number: t18280911-112

1668. CHARLOTTE JONES was indicted for stealing, on the 15th of July , 1 gold ring, value 2s. 6d., 1 seal, value 2s. 6d., 3 printed books, value 1s., and 1 handkerchief, value 3d. , the goods of Sargeant Smith , her master.

SARGEANT SMITH. I live in Houndsditch . The prisoner was in my service for nearly a month - I was not present when her box was searched: my daughter is ill and cannot attend - I know the property to be mine.

JOHN JANSON . I am a constable. On the 15th of July I was sent for to the prosecutor's; Miss Smith told me in the prisoner's presence to search her box, saying she had lost some articles and suspected her - the prisoner said it was her box and opened it herself: a ring, seal, three books, and some papers were found in it, which I produce.

MR. SMITH. These books are what I have for my children - the ring and seal are my daughter's: I have five daughters and four sons.

NOT GUILTY .

Reference Number: t18280911-113

1669. MARGARET MAHONEY was indicted for stealing, on the 7th of September , 2lbs. of bacon, value 1s. 6d. , the goods of John Wilson .

CHARLES TUCKFIELD . I am shopman to John Wilson, who lives in Aldersgate-street . On the 7th of September, the prisoner came and asked the price of a piece of bacon; I saw her take a piece off the counter and put it about her, into a basket - she then came back to where I stood and offered me half-price for the piece she had asked about: she walked away - I followed and took her about three yards from the door, and found the bacon on her; she begged for mercy.(Property produced and sworn to.)

Prisoner's Defence. I had the money in my hand - I put the bacon into my basket and he took me directly.

GUILTY . Aged 49.

Transported for Seven Years .

Reference Number: t18280911-114

1670. ANN COLLINS was indicted for stealing, on the 1st of September , 1 wooden box, value 2s., 5 gowns, value 2l. 15s., 2 shawls, value 15s., 1 tippet, value 5s., 3 veils, value 15s., 9 yards of lace, value 1s. 6d., 2 handkerchiefs, value 2s., 4 petticoats, value 6s., 1 pair of shoes, value 3s., and two night gowns, value 3s. , the goods of Elizabeth Troake .

ELIZABETH TROAKE . My husband was in the Fleet Prison , as a Chancery prisoner, and liberated on the 1st of September: I was moving out goods, between seven and eight o'clock that evening, and among other articles was a box, containing the articles stated in the indictment - we had a cart to move them to Spital-square; while the things were being put into the cart, the prisoner was sitting there with a basket of fruit for sale, at the corner of the wall, near the archway, where our boxes were set down: I did not miss the box till next day.

ANN FOULKES . My husband is a turnkey of the Fleet Prison. The prosecutor's things were placed in the outer archway of the prison; the prisoner sits there daily, with fruit, under the gate - I saw her there and said to her that there was plenty to take care of the goods; she replied Yes, then threw away a basket, which she was sitting on, drew the trunk to her, and sat on it - the cart went away a few minutes before seven o'clock; I saw her on

the trunk after the cart was gone, but thought it might be left in her care or it would have been taken from her.

Cross-examined by MR. PHILLIPS. Q. How long has the prisoner sat there? A. For three months - the fruit people are considered a great nuisance; the Warden has tried every means to keep them away - there are other fruit women there, but nobody was on the box but the prisoner; they sat down by the side of the wall - I only know the prisoner moved the trunk and was on it at eight o'clock and nobody else: I know the other women who sit there by sight.

Q. Do not you know another woman was taken up for this and under went three examinations? A. And no doubt if she had been kept, one would have split against the other.

GEORGE HOWELL . I am a Messenger of the Fleet Prison, and live in Fetter-lane. I saw the prisoner sitting on the box between six and seven o'clock, and not having heard of the robbery I took no notice of it - a woman, named Rearden was there, but not on the box; she was taken, on suspicion, before the prisoner.

Cross-examined. Q. Had she not three examinations? A. I believe she had; the prisoner was discharged at the first examination through a mistake, and I took her after that.

WILLIAM IVEY . I am apprentice to Mr. Reeves, of Snow-hill. I have a shawl pawned in the name of Ann Williams, on the 2d of September, by a person, who I believe to be the prisoner, but cannot swear positively to her.

Cross-examined. Q. Did you see the prisoner before that day? A. Yes - I knew her by sight, but not by name; I cannot be mistaken in her - I have seen her twenty or thirty times, and knew her well; I have no doubt of her - we have three hundred or four hundred people in our shop every day.

COURT. Q. Can you say whether she came to your shop on the 2d of September? A. I cannot tell, but believe it to be her who pawned the shawl.

RICE PRICE . I am an officer. Rearden was discharged by direction of Alderman Ansley; the prisoner surrendered herself - she was discharged, and the other remanded; I went to her lodgings, but found nothing.

Cross-examined. Q. Rearden was taken first? A. She was - the prisoner came to the office the same day voluntarily, and was discharged; she was in the yard at the second examination.

- TROAKE. I am the prosecutor's daughter. The trunk was mine; I packed up these articles in it - this shawl was among them.(Property produced and sworn to.)

NOT GUILTY .

Reference Number: t18280911-115

1671. JAMES CARPENTER was indicted for stealing, on the 12th of July , 1 basket, value 1s., and 5 1/2 gallons of gooseberries, value 5s. , the goods of James Pells .

JAMES PELLS. I am a fruit salesman at Fleet-market . On the 12th of July, between eight and nine o'clock in the morning, I lost a sieve of gooseberries from my stand, and found the prisoner in custody with it.

RICHARD ELSTON . I am a ticket-porter. I missed this sieve; I went in pursuit of the prisoner and caught him at the end of Cock-lane; he threw it down and ran away - I caught and took him back.(Sieve produced and sworn to.)

Prisoner's Defence. A man gave me the basket in the market to take to Long-lane.

GUILTY. Aged 16.

Recommended to Mercy . - Confined Fourteen Days .

Reference Number: t18280911-116

1672. JOHN ALLEN was indicted for stealing, on the 5th of September , 1 handkerchief, value 3d., the goods of James Flemming , from his person .

JAMES FLEMMING. I am a plumber . On the 5th of September I was at Bartholomew-fair - I stood in front of Clark's booth a few minutes, and the officer asked if I had lost anything; I felt in my pocket and missed my handkerchief, which was safe just before - when I turned round the prisoner was close to me; the officer took him and found it in his breeches.

EDWARD MOORE . I am an officer. I saw the prisoner take the handkerchief out of the prosecutor's pocket and stuff it into his breeches - I stood close to him.

GUILTY . Aged 19.

Transported for Seven Years .

Reference Number: t18280911-117

1673. THOMAS GAPP was indicted for stealing, on the 6th of September , 150 lbs. of rope, value 30s., the goods of James John Nicholls , the same being in a certain barge, in the navigable River Thames .

MR. PHILLIPS conducted the prosecution.

JAMES JOHN NICHOLLS. I am owner of the barge , Waterloo. On the 6th of September she laid off the Inner Temple ; she was broken into, and 150 lbs. of rope taken away - I missed it on Saturday, the 6th, and saw part of it again on Monday in possession of the watchman - I know nothing of the prisoner; the cabindoor, which I had locked, was broken open - I have a private-mark on it, and can swear to it.

JOHN HILL . I am a waterman. On Saturday, the 6th of September, I bought a rope of the prisoner at Blackfriars'-bridge - Mr. Nicholls claimed it.

JOHN WILLIAM WARE . I am a waterman. I bought a rope of the prisoner on the 6th of September - it is good rope.(Property produced and sworn to.)

Prisoner's Defence. I keep a marine store shop in St. Saviour's. I bought on Saturday morning 1 cwt. 1 qr. 6 lbs. of old rope - this was in the middle of it; I sold the tare, and the rest I sold at different shops.

GUILTY . Aged 27.

Transported for Seven Years .

Reference Number: t18280911-118

EIGHTH DAY. FRIDAY, SEPTEMBER 19.

Second Middlesex Jury - Before Mr. Sergeant Arabin.

1674. RICHARD HUMPHREYS was indicted for stealing, on the 27th of July , 2 jackets, value 3s., the goods of William Lane ; 1 shirt, value 3s.; 1 waistcoat, value 6d., and 1 comb, value 2d. , the goods of John Wallington .

MARY LANE . I live at Stonebridge - my husband is a publican ; his name is William. The prisoner works at a farm-house , and was at our house eight or nine days

frequenting it, but not lodging there; I missed these things from a box in the bed-room - he had no business there; John Wallington is my son.

PHILIP WEBSTER . I am an officer. On the 30th of July the prisoner was given into my charge; I found a waistcoat on him, and a comb in his pocket - he said he bought them in the road.

JOHN WALLINGTON . The waistcoat and comb are mine.

Prisoner's Defence. I met a man, who asked me to buy a bargain, as he was broken down - I bought them of him.

GUILTY . Aged 24.

Confined Three Months .

Reference Number: t18280911-119

1675. JOHN KING was indicted for stealing, on the 30th of July , 1 jacket, value 20s.; 1 waistcoat, value 10s.; 1 pair of trousers, value 10s., and 1 watch-case, value 1s. , the goods of John Osborn .

ALEXANDER LAKE . I am a Thames Police constable. On the 30th of July, about seven o'clock in the evening, I was on the West India Export-dock : the prosecutor came and said he was robbed, and he thought the party was on board his ship - I went on board the George Hibberts, and found the prisoner on the deck; he did not belong to the ship: I asked if he had anything about him - he said No; I found the jacket next to his skin, and the trousers; I asked where the waistcoat was, and in consequence of what he told me I found the waistcoat at the back of the sailor's chest, in the forecastle, and the watch-case under a water-cask in the hold - I found a pair of trousers on him belonging to another ship.

JOHN OSBORN. I belong to the George Hibberts. This property is mine - I had left it in my chest in the forecastle, the door of which was locked, but the chest open; I found the lock broken; the prisoner is a stranger, and had no business in the vessel - I fetched the officer, and found him on board; I had not seen him there before.

GUILTY . Aged 21.

Transported for Seven Years .

Reference Number: t18280911-120

1676. HARRIET EDWARDS was indicted for stealing, on the 20th of August , 1 scarf, value 4s., and 2 shillings , the property of Ann Dugard .

ANN DUGARD. I live in Shoe-lane . On the 20th of August the prisoner called on me, about eleven o'clock, and staid till twelve; I lent her a shawl for an hour and a half - she said she would return it by that time, as I wanted to go out: she then asked me to go into the parlour and ask a woman to wash a petticoat for her - I left her in my room, and when I came back she was gone, and in five hours I missed a scarf and 2s. off the shelf; I have not found it - nobody but her could have got it; people do come into the shop.

GEORGE ROGERS . I am a watchman. I apprehended the prisoner in West-street, Saffron-hill - she denied all knowledge of the property.

NOT GUILTY .

Reference Number: t18280911-121

1677. WILLIAM NORTON was indicted for stealing, on the 6th of August , 1 saw, value 3s. , the goods of William Laing .

WILLIAM LAING. I am a carpenter . On the 6th of August, between three and four o'clock, I was at work at the Golden Shears public-house, in Whitecross-street ; the prisoner came in and called for half a pint of beer - I left him in the room with the saw; I found it in the officer's hands afterwards.

LEONARD CHARLES MATTHEWS . I am a pawnbroker. On the 6th of August the prisoner came to pawn this saw, and I detained him in consequence of information.(Property produced and sworn to.)

Prisoner's Defence. Between four and five o'clock a man gave me this saw at the corner of Gloucester-court.

GUILTY . Aged 40.

Confined Six Weeks .

Reference Number: t18280911-122

1678. ANN MILES was indicted for stealing, on the 14th of July , 3 half-crowns, 3 keys, value 1s., and 1 pair of shoes, value 1s. , the property of Margaret Grady .

MARGARET GRADY. I live in Hayden-street, Regent-street , and have known the prisoner for two or three years. I had eight half-crowns and a 5s. piece, tied up in a piece of muslin, at the back of my table drawer; the prisoner came to me on Friday, the 11th of July, and asked me to give her a lodging; I refused - she turned back to me, and said, "For God's sake do for one night, for I have no place to go to;" I took her in, and could not get her away; on the 14th I missed three half-crowns from the table drawer: when I apprehended her, I asked why she robbed me; she she said thank God she did not take all, and gave me 3s. back; I lost three keys, and a pair of shoes.

Prisoner's Defence. They were the keys to unlock the door.

GUILTY . Aged 60.

Confined Two Years .

Reference Number: t18280911-123

1679. PATRICK KINNAN was indicted for stealing, on the 7th of September , 1 shawl, value 12s. , the goods of Abby Clifford , spinster .

The prosecutrix did not appear NOT GUILTY .

Reference Number: t18280911-124

1680. JOHN TUSTIN was indicted for stealing, on the 9th of August , 1 bag, value 2d., and 8s. in copper monies , the property of Joseph Taylor .

JOSEPH TAYLOR. I am a sandman . On the 9th of August I was at the Wheatsheaf public-house, in Camdentown , and had 8s. in a bag - the prisoner was there; I put the bag into my sack, and laid it down at the end of the coal-box, close to me; the prisoner left before me, and when he was gone I turned my head, and missed my bag of money out of my sack - I knew him before; he is a sandman - I have often put my money into my sack; I jumped up, and told the people of it; I was going out when Boatwright gave me information.

HENRY BOATWRIGHT . I was at the public-house, and saw the prisoner there; Taylor's sack laid close to the coal-box; I saw the prisoner put his hand into the sack, pull the bag out, and go out directly.

Prisoner. Q. Which hand did I put in? A. Your right hand; you put the bag under your jacket, and went out.

DAVID FOX . The prisoner came to my house, where his stockings were; a knock came to the door - I looked out of the window, and saw the officers in the street; the pri

soner jumped out, went down stairs, and threw a bag out of the back window - I went out, and it was found in the next garden.

ABRAHAM LORIMER . I am an officer. I apprehended the prisoner; he denied the charge - the bag was given to me, with 8s. in it.

JOSEPH TAYLOR . That is my bag.

Prisoner's Defence. Several more were in the tap-room - he cannot swear that I took it more than them.

GUILTY . Aged 23.

Transported for Seven Years .

Reference Number: t18280911-125

1681. JAMES STEEDEN was indicted for stealing, on the 8th of August . 1 leg of lamb, value 3s. , the goods of Jonathan Wilson .

SARAH RICHARDSON . I live in Nightingale-street. I was going down the street, and stood at the corner of Exeter-street ; the prisoner and two others came up - two went one way; I turned, and saw the prisoner come out of the shop with a leg of mutton, or lamb, under his arms - he was two or three yards from the shop; I did not go back to give information.

EDWARD BURTON . I apprehended the prisoner at the Lion public-house, Lisson-grove; he said he did not take the meat, but was as bad as those who did, as he partook of a pot of beer which was bought with the money it sold for.

NOT GUILTY .

Reference Number: t18280911-126

1682. WILLIAM WILLIAMS was indicted for stealing, on the 21st of June , 1 watch, value 2l. , the goods of John Brazier .

JOHN BRAZIER. I am a seal-engraver , and live in Martin's-court, Drury-lane . The prisoner is a shoemaker - he brought a pair of shoes for my wife to bind, on Saturday, the 21st of June; my watch hung over the mantle-piece - I wound it up about ten o'clock in the morning, and left it over the mantel-piece; I missed it when I came home at ten o'clock at night - I had not seen the prisoner there myself; he came on Sunday morning for his shoes, and I accused him of stealing the watch - he denied it; I received an anonymous letter three or four days after, in consequence of which I had him apprehended; the duplicate was found in a great coat pocket, in his bed-room - we found it in pawn about the 12th of August; my wife is not here.

Cross-examined by MR. PHILLIPS. Q. That was nearly two months after you lost it? A. Nearly so.

JAMES BASSETT . I am a pawnbroker. I have a watch pawned on the 21st of June, for 30s., in the name of William Manvill - it was redeemed by an affidavit on the 7th of August, and on the 9th pawned again for 2l. - I believe the prisoner to be the person.

Cross-examined. Q. You think it was him? A. That is my firm belief - I cannot say who pawned it the second time.

WILLIAM MORGAN . I am an officer. I went to the prisoner's lodgings, and found the duplicate in his great coat pocket.

JOHN BRAZIER re-examined. When I saw him on Sunday, I told him he had been to my house, and charged him with stealing it; I told him when I lost it; he said he had been there on Saturday; but came about his shoes - he sent for the shoes on Sunday, but I sent word for him to come for them himself, which he did.

COURT to JAMES BASSETT . Q. Does not this affidavit indicate that the party making it had pawned the watch? A. Yes.

MR. PHILLIPS. Q. If a person bought a duplicate, and lost it, would not the affidavit do? A. Yes; but the name of the person pawning would be inserted; this indicates that the deponent had pawned it - it is in the name of Manvill.

GUILTY. Aged 22.

Recommended to Mercy . - Confined Six Months .

Reference Number: t18280911-127

1683. ALEXANDER WATSON was indicted for stealing, on the 20th of August , 1 jacket, value 3s.; 1 waistcoat, value 2s.; 2 pairs of trousers, value 3s, and 1 handkerchief, value 3d. , the goods of Martin Bigrie .

JOHN CLEMENTS . I am assistant gate-keeper at the London-docks . On the 20th of August, about noon, the prisoner was going out at the horse-gate; he looked bulky - I stopped him, and asked what he had got; he said, "A jacket:" I said, "Is it your own?" he said Yes: I said it was too small for him, and on searching further I found the rest of this property round his body, under his own clothes- he said a boy, belonging to the brig Columbine, gave them to him to pawn - there was no such brig there; he might have been at work in the docks without my knowing it.

MARTIN BIGRIE . I am an apprentice on board the brig Charles Edwards, which laid in the docks; this property is mine - I had left it in my chest, in the forecastle; it was not locked up - the prisoner is a stranger, and had no business there. GUILTY. Aged 18.

Judgment Respited .

Reference Number: t18280911-128

1684. ROBERT TAYLOR was indicted for stealing, on the 18th of August , 6 bobbins of silk, value 10s. , the goods of Thomas Mason .

THOMAS MASON. I am a journeyman silk-weaver ; and work for Mr. Graham who supplies me with the silk to make into bobbins. I did not know the prisoner till this happened; he came up to me and said he had come from the warehouse for 6 bobbins of silk; I asked what warehouse he came from, he said from Mr. Graham; I asked if he had any note, and he presented me with this note, my name is on it; I delivered him 6 bobbins, believing that he came from Mr. Graham who is the owner of the silk; I have never seen it since.

Cross-examined by MR. PHILLIPS. Q. What were you to do with the silk? A. To manufacture it for Mr. Graham; I had not finished the work; it was his property entirely.

SAMUEL LONG . I am foreman to Mr. Graham and supply the weavers with their materials. This order is not written by Mr. Graham or any person in our house; I am the only person who sends for silk; I never gave the prisoner such an order; I never saw him before.

Cross-examined. Q. It has no name signed to it? A. No; Mr. Graham is not here.(Order read.)

"MR. MASON - Let the bearer have six bobbins of shute."

Prisoner's Defence. Mr. Robert Graham came to my house and gave me that order; he told me to go up to this man and get the silk. GUILTY . Aged 20.

There were four other indictments against the prisoner.

Transported for Seven Years .

Reference Number: t18280911-129

1685. THOMAS BARTLE was indicted for stealing, on the 3d of July , one 5l. promissory note , the property of Walter Bickley .

WALTER BICKLEY. I am a groom . On the 30th of July I had come from Warwickshire where I had just left a gentleman's service, and got to town about twelve or one o'clock at night; I went to the Prince of Wales public-house, then took a walk to Westminster; I went to the Crown public-house, and had a few pints of beer - I do not know what street it is in; several soldiers were there; I asked the people of the house to give me change for a 5l. note - the prisoner was one of the soldiers ; I got into conversation with him and two or three more - the landlady did not like to change it, as it was a country note payable at Spooner & Co.'s; I then went to the Star public-house, and to the Blue Anchor public-house - the soldiers followed me there; whether the prisoner did, I cannot say; but I saw him there, and said I would give him half a crown to go with the note to Gracechurch-street where it was payable; I gave him the note; he went away a few yards to the landlady, then came and said she would not take it, and gave it me back - I went out; he came out with a comrade; I asked him to go to Gracechurch-street; he said he would for half a crown, it could not be sooner got, and that he would be back in two hours; I waited at the house two hours and a half, but he never came; I have not seen the note since; this was Saturday afternoon; I saw him on Sunday evening at Portman-square barracks, and pointed him out; he was very tipsy, and scarcely knew how to answer me; he said he did not know me, and never saw me before, but if I came next morning he would talk to me about it; I went to him next morning - he was sober then; I asked him for the money - he said he had given it me back; I said, "You recollect I gave it you a second time" - he said, yes; I said, "What did you do with it" - he said, he had burnt it, that he had been to the Bank, and it was a bad note; I said I should get a summons for him - he said I might do as I pleased, and again said he had burnt it; I had received it from my master in Warwickshire.

NATHANIEL JONES . I belong to the 3d regiment of foot, the prisoner was in that regiment; I saw Bickley give him the note at the Blue Anchor public-house to go and get it cashed - he said he could not go so far, and returned it; I did not see it given again - I do not think the prosecutor was sober.

MICHAEL EDWARDS . I am beadle of King-square, Goswell-road. Early on Sunday morning the prosecutor came and gave this account; I went with him to Portman-square barracks in the evening, and saw the prisoner - I thought him tipsy; he said he had never seen the prosecutor before - he seemed to know what he was saying; he told us to come next morning, and he would talk to us- we went; he said he had burnt it, as it was a bad note - the prosecutor said it was good; he said, "If you recollect I gave it you back;" Bickley said he had given it to him again; he said, he knew he had, and he had burnt it; I asked the prisoner if he had offered him half a crown to go - he said, he did, and that the Bank was closed when he went.

WALTER BICKLEY . I have no doubt of it being a good note.

Prisoner's Defence. He came to the public-house, and wanted to enlist for a soldier to go to the East Indies; I gave him the note back, and never had it again.

NOT GUILTY .

Reference Number: t18280911-130

1686. RICHARD TILBURY and THOMAS COLLINS were indicted for stealing, on the 27th of August , one bushel of oats, beans, and clover chaff, mixed, value 2s. , the goods of James Scott and William Scott ; and CHARLES PRATT was indicted for receiving the same, knowing it to have been stolen .

PHILIP WEBSTER . I am an officer. On Wednesday the 27th of August I was in a field by the Harrow-road, looking through a hedge, and about twenty minutes to four o'clock, three of Messrs. Scotts's carts drove up; Tilbury and Collins drove the two first carts, and Hawes, (who is since dead) drove the third; they were coming from Paddington to Shepherd's-bush, loaded with brees - behind each cart was a sack, which contained corn, as I thought; they stopped at the Red Lion public-house - each man took his sack down, filled their nose-bags, and hung them to the horses' heads; Tilbury had a much larger quantity than the rest; I should think full a bushel - during this time, Pratt, the ostler came up; Tilbury gave him his sack, he took it away into the stable; I waited till they went away - and did not apprehend them, having nobody to assist; they were all within three yards of each other, and followed Pratt up to the house; the cart was about ten yards from the stable; I got up and followed Pratt to the stable, then went back and laid down again - they went into the stable, and afterwards into the house; I stopped till they went away - which was about a quarter-past five o'clock; but did not go into the stable; the sack has never been found.

NOT GUILTY .

Reference Number: t18280911-131

1687. MARY TILLEY was indicted for stealing, on the 5th July , 7 yards of ribbon, value 7s. , the goods of William Davis .

SARAH DAVIS . My brother William is a linen-draper , and lives in Chiswell-street. On the 5th of July, the prisoner came to the shop, and asked to look at ribbons, which I shewed her; she bought two yards, and paid for them; my brother fetched her back.

JOHN DAVIS . I was in my brother's shop - my sister was serving the prisoner; I was serving other customers - I cast my eye aside, and saw the prisoner's arm over the drawer; she put her hand into the drawer, then put it down between the counter and herself, and put something into her pocket - she then asked to look at some ribbons, she did the same to that drawer, and walked out; I pursued and brought her back, and found the ribbons on her.

Cross-examined by MR. PHILLIPS. Q. Did you find it at the first search? A. Yes - I asked her for it - she pulled it out, and laid it on the floor, up stairs; it was not what she had bought.(Property produced and sworn to.)

GUILTY . Aged 16.

Transported for Seven Years .

Reference Number: t18280911-132

1688. JOHN GOOCH was indicted for stealing, on the 23d of August , 2 half-crowns and 1 penny, the monies of Laurence Odel , from his person .

LAURENCE ODEL. On Saturday night, the 31st of

August, about half-past twelve o'clock, I was in Peter-street, Cow-cross, going home to Attfield-street, Goswell-street; I am labourer to Mr. Burgess - I was not quite sober - I knew what I was about; I had two half-crowns and a penny-piece in my right-hand breeches pocket; the prisoner, who was quite a stranger, came up, and wanted to see me home; I said I wanted nobody to see me home; - he said "Oh no, I know you - I will see you home;" I said "I did not want him; and at the corner of Peter-street he got his arms round my waist: I felt his hand in my pocket - he took it out; I immediately put my own hand in, and my money was gone; it was safe two minutes before, for I had my hand in the pocket - I called the watchman immediately I had felt him taking my money; the watchman took him - he owned that he had two half-crowns in his pocket, and they were found there; but an old penny-piece which I lost was not found.

Cross-examined by MR. PHILLIPS. Q. He said he had two half-crowns? Q. Yes: I had been to Fleet-market to buy some water cresses for my daughter, who was ill; I had been to Gray's-inn-lane before that, and had part of a pot of beer among three of us; I went to no other public-house, and drank nothing else till I got to the Cock in Fleet-market; this was about half-past eight o'clock; I staid there about an hour - I went no where else, but stood in the market talking to one and another for perhaps two hours - I had two glasses of gin at the Cock, nothing else.

Q. That would hardly have made you tipsy? A. Why, if a person has no bread all day, and his children ill, he is soon made tipsy; I had eat nothing all day but a mouthful of bread in the morning; I was not drunk - I was not lying on my face in the street; two women were going to fight in the market - I held up my hand to part them, and got it scratched; I did not know them - nobody helped me up; I know Mr. Gooch helped me up by Saffron-hill - he did not help me up; I saw no gentleman.

Q. Will you swear there was not another gentleman helping you up when you were lying in the mud? A. I was not laying at all, I was never down - I was walking when the prisoner offered his assistance; nobody else came to assist me that night.

COURT. Q. The women were fighting in the market, not in Peter-street? A. No - I never saw the prisoner till I got to Saffron-hill.

JOHN WATSON . I am a watchman. I was on my beat between twelve and one o'clock on this night; I saw the prisoner and prosecutor turn the corner of Peter-street and Saffron-hill - he had his arms round the prosecutor's waist; I was walking to and fro by my box, opposite to Peter-street, and saw them together for a minute, but took no notice till the prosecutor called me over, and said "This man will not let me go home;" I said to him"Why not let the man go, if you know nothing of him;" he said he knew him perfectly well, and would see him home, and how dare I insult him - that he knew him, and had picked him up drunk, and that he lived in Baltic-street; the prosecutor certainly was not sober, but knew what he was about, and charged him with robbing him of two half-crowns and a penny-piece; the prisoner said"Do you suppose a person of my respectability would go to rob a man like that;" I replied I knew nothing of his respectability, he was charged with felony, and must go to the watch-house; the prosecutor walked very well to the watch-house, and was able to state how he was robbed; as the prisoner was going to be searched, he put his hand into his pocket, took out two half-crowns with an old penny-piece, and gave it to the watch-house man - he was searched further, and no other money found on him.

Cross-examined. Q. Did the prisoner walk with you to the watch-house? A. He did - it is about three hundred yards; I did not take hold of him - I had no lantern.

Q. Walking three hundred yards, he had an opportunity to get rid of the penny-piece? A. I kept my eye on him - there was a light at the watch-house; I saw the prosecutor's face - it was as it is now - it was not scratched all over - it did not appear to me to be scratched; I never heard him say so; he did not say he was robbed till I had been up a minute or a minute and a half - while there was an altercation about his knowing him, he put his hand to his pocket, and said he was robbed of his money - the prisoner was sober, and could see me, and did not attempt to escape.

COURT. Q. You were close to him? A. Yes, I walked by his side, as I should by any other prisoner.

JAMES ISAACS . I am the watch-house-keeper. The prisoner was brought in, charged by the prosecutor with picking his pocket of two half-crowns; he did not mention anything else, till I had searched the prisoner - he then said it was all his money; he was what I call little up, but quite correct in his language; as soon as I caught hold of the prisoner's clothes to search him, he whipped his hand in his pocket, and said - "Here, I have got two half-crowns of your's;" he put them into my hand, and there was a penny-piece with them: the prosecutor said it was his money - I did not search him further.

Cross-examined. Q. Then is it true he was searched afterwards, and no money found? A. Not to my knowledge - Watson had left the watch-house when I locked him up - he could not have been searched in his presence; the prosecutor said nothing about the penny-piece till I produced it - he and Watson both went away together - the prosecutor's face looked a little dirty, as a man might leave work - I saw no scratch on it.

LAURENCE ODEL . I cannot swear to the half-crowns, but I know the penny-piece - I picked it up on Saturday morning in Old-street; here is a dent, made by it being run over by a cart wheel.

Cross-examined. Q. Did you see it run over? A. No. I said I had lost two half-crowns and a penny-piece, before it was found; I will swear that - when I came out the watchman went to his beat, and I home; I never saw him before.

Prisoner's Defence. On Friday, the 22d of August, I came to town from my place of business, which is at Lime-house; I received from Mr. Lloyd three half-crowns; I spent two, and had one left, which I offered to Mr. Siret, a bookseller, of Fenchurch, for a small order book - he would not take it, but told me he would book the article: I proceeded home, and on the 23d came to town with Mr. Lloyd, my partner, and parted with him in Mile-end-road - I asked him

for some silver, and he gave me another half-crown; I went to the Eagle tavern, City-road, where I had appointed to meet a law-stationer, and spent the evening with him; my share of the reckoning came to 2s.; I had 1d. left - I left there about one o'clock, and walked to Cheapside with Mr. Parker and Mr. Siret; I parted with Mr. Siret, and went home with Mr. Parker - I came down from his house at a quarter-past two o'clock in the morning; proceeded along Castle-street, and when I came under the archway of Norwich-court I saw the prosecutor lying on his face, on the stones - a baker was trying to disturb him from his stupor; we rose him on his legs; he said he lived up there, pointing to Castle-street; we led him to the top of the court where the baker lived, and he left us: I asked the prosecutor where he lived - he said in Baltic-street; I said I was going that way, and would lead him home - he said he would walk quiet, and when we got to Peter-street, he said he would not go further, for I had robbed him, and called the watchman; he charged me at the watch-house with robbing him of two half-crowns, and unfortunately for me I had two half-crowns and a penny-piece.

GEORGE FORREST . I live at No. 2, Norwich-court, Fetter-lane, and have lived there above four months. On the Sunday morning in question I saw Odel laying on his back on the pavement, and took him up; the prisoner, who I never saw before, helped me up with him - we brought him on to my own door; he said he lived in Baltic-street, St, Lukes'; he seemed quite tipsy, and could not speak or walk; I have not seen the prisoner since, nor heard him make his defence.

COURT. Q. What made you out so late? A. I happened to be out with a friend - I had been to Leather-lane; I am a journeyman baker, and work for Mr. Dick; I parted with the prisoner just opposite my own door - I did not tell him where I lived; he found me out quite by accident, through a friend of his who came to me where I was at work, three weeks ago; he found me out in Norwich-court - I had parted with the prisoner there about a quarter-past two o'clock; the prosecutor could not speak or stand at first - he came too when we led him a little way; the prisoner said he lived in St. Luke's, and would see him home; I am certain of the time, for I looked at the clock when I went in; I parted with them just opposite my door, and believe the prisoner saw me go in.

SAMUEL LLOYD . I am a carpenter, and have known the prisoner between three and four months, he was about entering into partnership with me; I live in Ebeneza-row, Commercial-road. On Saturday evening, the 23d of August, between eight and nine o'clock, I saw him at my house - he asked me for some money; I gave him half a crown and two shillings.

FREDRICK SIRET . I am a stationer, and live at No. 47, Fenchurch-street. I have known the prisoner twleve years. On the 23d of August I was at the Eagle tavern with him; I came away with him, and left him in Cheapside, with Mr. Parker, about half-past one o'clock in the morning.

COURT. Q. Have you a shop in Fenchurch-street? - A. Yes; the prisoner is a carver and gilder, and worked at Limehouse, and has worked with Mr. Lloyd, of Poplar. I am a stationer and account-book manufacturer.

- PARKER. I live in Cursitor-street, Chancery-lane, and am a law-stationer. The prisoner went home with me on the morning of the 24th of August; it was later than half-past one o'clock - he was quite sober: he walked with me from Cheapside, where we left Mr. Siret; I heard he was taken next day: I know he lived somewhere in St. Luke's, but do not know where.

FREDERICK SIRET. He spent some money in my company - I can account for 1s. 11d. distinctly.

JAMES ISAACS re-examined. He as b ought to the watch-house a little before three o'clock; the entry on the book is three o'clock.

JOHN WATSON . I took him straight to the watch-house, and called the hour of one when I came out; I got there a little before one.

NOT GUILTY .

Reference Number: t18280911-133

1689. ANDREW STRAHAN was indicted for stealing, on the 7th of September , 1 watch, value 4l.; 2 seals, value 16s., and 1 key, value 4s., the goods of Henry Pledger , from his person .

HENRY PLEDGER. I am a baker , and live in Golden-lane. On Sunday evening, the 7th of September, about half-past ten o'clock, I was going home with my wife, and in Golden-lane, at the corner of Hartshorn-court (we were arm-in-arm), a man walked up in front of me, and suddenly snatched my watch from my fob; he did it with violence - it nearly hit my face; he ran up Hartshorn-court: I cannot positively swear to him, as I did not see his face; the prisoner resembles him very much, both in height and size - I went up the court after him, but did not find him; the prisoner was taken on the Tuesday morning.

MARY ANN PLEDGER . I was arm-in-arm with my husband, and saw a person as he was passing snatch out the watch; I saw it fly out - he ran away with it in his hand; a person stood at the corner, about four yards off - I gave an alarm of Stop thief! I looked at the man as my husband ran after him; the prisoner resembles the man very much indeed; I did not go up the court.

Cross-examined by MR. PHILLIPS. Q. I suppose you were very much frightened? A. Yes, or I should have followed; the man's back was towards me as he ran.

COURT. Q. What hour was it? A. At half-past nine o'clock; my husband looked at his watch at the end of Curtain-road, a quarter of an hour before.

JOHN FARROW . I live with my father (who is a watchman) in Cowheel-alley, Golden-lane. I have known the prisoner about a month - he used to go into the next house to where I live, and I used to see him come out again about eight o'clock in the morning; I knew his person very well. On this Sunday night I was lying down at my father's door, and saw him run into the next house - there was another with him, whose face I did not see; the prisoner ran as hard as he could, with his right hand in his breeches pocket; the prosecutor came by two or three minutes afterwards, and said he had lost his watch and seals; there were some persons standing at the window; I was afraid they would come and beat me, or I should have told him what I had seen; I saw the prisoner again about ten minutes after; Mr. Pledger was gone; he came out of the house - he had the watch in his hand, and was shewing it to the persons who stood there; he said to them, "We have got it now - it is all right;" I had seen those persons before; they do not live about there; Mr. Pledger saw them when

he came up, and they sent him the wrong way - about a dozen of them stood there; the prisoner went into Golden-lane, with the man who had run into the house with him. On Monday I saw Harrison, the constable, take him out of the same house as he ran into; I am sure I saw the watch and seals - there was a key to it.

Cross-examined. Q. Were you outside the door? A. I was resting my head on the step of the door - I saw the watch in his hand quite plain; the face of it was up, not the back; I cannot say whether it was gold or silver; I was lying down when he ran by, but I got up and looked round the corner; I was standing up when he held the watch up - he held it quite low down; I told my father at one o'clock in the morning, when he came off watch; I cannot tell the colour of the key or seals; I saw two seals; there was a gas-light.

HENRY PLEDGER . I pursued the man up the court - I went up Cowheel-alley, and saw some persons who said something; I turned round to the right as they directed me.

JOHN FARROW , Sen. I am a watchman, and lived in Cowheel-alley when this occurred. My son communicated this to me when I came off duty, between one and two o'clock in the morning; I think I have seen the prisoner in the alley, but not to take particular notice of him; on the Monday morning the prisoner was sitting on a step opposite, my son said that was the man.

THOMAS HARRISON . I am an officer. In consequence of information, I went to the next house to Farrow's, in Cowheel-alley, and found the prisoner there; I told I took him for stealing a bundle of linen - but at the watch-house I told him it was for a watch; he asked at Worship-street what time it happened; I told him at half-past nine o'clock; he said he could prove he was at supper at the time.

COURT. Q. Why did you tell him it was about linen? A. Three or four men were round, and in that neighbourhood if I had told him the charge, he might have been rescued.

Cross-examined. Q. You had no charge for linen? A. No.

Prisoner's Defence. I work for my brother in Blue Anchor-alley. I took a walk to Horusey House, returned at eight o'clock, and went to Oliphant's, the Hare and Hounds public-house, St. John-street, with a young man; we drank some half porter and half ale - it was then half-past ten o'clock; I bid him good-night, and told him I had to get up soon next morning; I went to work next morning - and as I came from breakfast I ran into this house in Cowheel-alley for a little dog, when this man came and took me; I saw the officer and his father with the boy saying, "Mind you say this and this;" I could not hear exactly what.

GEORGE JOHN OLIPHANT . My father keeps the Hare and Hounds, St. John-street. I first saw the prisoner two or three months ago; on the 7th of this month I saw the prisoner there about eight o'clock in the evening, in the taproom with three young men and a young woman - he remained there till half-past ten o'clock, and was not out of the house till then; I knew him by seeing him at the house before.

COURT. Q. Did you know his name? A. Only by what I heard others say last Sunday week; one of the two who sat with him said, "Andrew Strahan, take hold of the pot and drink," that was all; I was never in Cowheelalley; on that evening I was sitting close to him; our waiter's name is Andrew Young and I said to him, "That is Andrew Strahan, not Andrew Young;" I did not know where he lived.

Q. How came you to tell him you could prove where he was? A. His brother came on Monday, and asked my father if he knew the young man Andrew Strahan; my father said, "No, I do not by name, but perhaps my son may, as he is generally in the tap-room;" he called me, and said "Andrew Strahan;" I said Yes: there was a man here last night; they were in the left-hand room called the tap-room - it was called the parlour before my father took the house; several people were there - one named William Thomas.

Q. Who was there on the Sunday before? A. Only three who I knew the names of.

ANDREW YOUNG . I am waiter at the Hare and Hounds. I saw the prisoner there on Sunday week, after eight o'clock, in the parlour - six or seven people were at the same table; I knew his name to be Andrew, but did not know it to be Strahan till that night, when one of the company called him Andrew Strahan.

Q. Do you remember your young master making any remark about that? A. No; he went away about half-past ten o'clock; he could not have left before without my secing him; they had been drinking porter, half-and-half, and ale, he has been there several times before.

COURT. Q. You do not take the trouble to ask your customers' names? A. No; I was never in Cowheelalley.

Q. You told the Magistrate your young master was never in the room? A. Not to my knowledge; I saw him come in once and go out, but whether he cmae in again I do not know; I told the Magistrate he was not there; but I am perfectly satisfied now that he did come in once; I did not recollect it at the moment; he sat down in the room; I told the Magistrate he was not there to my knowledge.

Q. Did you not swear before the Magistrate, "I am sure my young master did not sit down?" A. He did not sit down; the whole of the evening the gentleman asked.

GUILTY . Aged 20.

Transported for Life .

Reference Number: t18280911-134

1690. JOHN LUGGARD was indicted for embezzlement .

ADAM EDWARDS . I am a publican . The prisoner was my pot-boy , and received money on my account; I live in Brick-lane; he was three months in my service; he should pay me the money immediately he comes in; every day that he returned from his walk, he continually told me to charge a pint to Yell, till it came to eleven pints; on the 14th of August he took the twelfth pint, and said that was to be charged - I questioned him about it; he said he had not received the money - my books are not here.

SAMUEL YELL . I deal with Edwards, and paid the prisoner for the beer regularly as he delivered it, a pint at the time, twice a day; I cannot say anything about the account with his master; I never paid him 2s. 6d. at once.

NOT GUILTY .

Reference Number: t18280911-135

1691. ISABELLA PHIPPARD was indicted for stealing, on the 28th of June , 3 towels, value 1s. 6d. , the goods of James Irons .

AMELIA MILLS . The prisoner is a distant relation of mine, and was in service at Camden-town; Mr. Irons is her grandfather; I was fetched by Irons' son's wife, saying, that the prisoner had been to her with a key of her box, and stated that her mistress had missed some things and she could not face her; I went with her aunt to Camden-town and found her box there, and in it three towels, with other property of other persons.

JAMES IRONS . I am the prisoner's grandfather. These towels are marked with my name and are mine.

JANE IRONS . I am the prosecutor's daughter. I opened the box with the key the prisoner gave me; she came to me, and said she had done what was not right with her mistress's property, and wished me to take her key and give the lady her property.

NOT GUILTY .

Reference Number: t18280911-136

1692. THOMAS RICHARDS was indicted for stealing, on the 12th of July , 5 sheets, value 20s.; 1 waistcoat, value 2s.; 1 handkerchief, value 2s; 1 razor, value 1s., and 1 hone, value 6d , the goods of George Tanton .

MARY SILVER . I know George Tanton - he is a seaman , and lodged at my mother's house in East Smithfield ; he had come off a voyage, and left these things in my mother's room, then took them out of that room to another, which he hired of my mother - the door was not locked; he is gone to sea now - I know he had the property: the prisoner came on a Saturday afternoon - my mother was out; he asked me if he might go up stairs and lie down, as he said he had lodged at our house - I did not know him; I said, "If you have slept in the house you know the way" - he said Yes; I said, "Then you can go up stairs" - he came down in half an hour, and the prosecutor was then down stairs; the prisoner asked me to lend him a knife - the prosecutor gave him a knife; he went up for half an hour - Tanton remained down stairs in the shop; we keep a chandler's shop - he came down, returned the knife to him, and it was broken - (we found the lock of the prosecutor's box broken open); he went up stairs again - the prosecutor went out, and down came this man with a bundle; he had none when he went up stairs; I said to him before that, "How came you to break the knife" - he said, "If I have broken it, I will pay for it;" my mother sent me after him - I went and met him with the bundle, and asked whose it was; he said it was something of his own; I said, "You brought no bundle" - he said he had; I said, "Mother wants you to come back" - he turned up a court; nobody was present - he said he would come directly, but he did not; we did not know whose things he had taken, but about ten o'clock the prosecutor came home and asked mother for a light - he went up stairs, called her up, and asked who had been to his place, for his trunk was broken open; I went up - his trunk was broken open, and his things gone; they have never been found - they were all safe before; he never returned, but at eleven o'clock I saw him in a pawnbroker's shop, and had him taken.

Prisoner. Q. Did I ask for a knife? A. Yes - the prosecutor lent it to you, and you returned it to him; I saw you turn up Cooper's-row with the bundle - there was nobody near, or I should have given you in charge; the knife was tried to the box at Lambeth-street, and fitted the lock.

GUILTY . Aged 28.

Transported for Seven Years .

Reference Number: t18280911-137

1693. JEREMIAH SULLIVAN and WILLIAM EDWARDS were indicted for stealing, on the 9th of August , 1 handkerchief, value 5s., the goods of Edward Thompson , from his person .

EDWARD THOMPSON. On Saturday evening, the 9th of August, I was behind a Blackwall stage, in the Commercial-road ; I am a solicitor, and live in the City; an officer stopped the coach, and asked if I had lost anything; I missed my handkerchief - I gave my address, and the coach went on.

FRANCIS KEYS . I am an officer. On the 9th of August I saw Mr. Thompson and another gentleman behind the coach - the prisoners followed the coach; I saw them both get up behind, standing on the axle-tree - I saw Sullivan's left hand in the gentleman's pocket, but did not see the handkerchief come out; they got down - we stopped the coach, then pursued, and found the handkerchief round Sullivan's neck - they were both in company; it was dark, or I should have seen them.

JOSEPH FRYER . I am an officer. I was with Key's - his account is correct; I followed the prisoners for a mile and a half - they followed the coach for a mile; I afterwards found them on the step of a door - Sullivan had the handkerchief tied round his neck, and said a boy gave it him to hold.(Property produced and sworn to.)

SULLIVAN - GUILTY . Aged 13.

Transported for Seven Years .

EDWARDS - GUILTY . Aged 14.

Confined One Month and Whipped .

Reference Number: t18280911-138

First London Jury - Before Mr. Sergeant Arabin.

1694. JAMES HARPURE was indicted for feloniously breaking and entering the dwelling-house of Benjamin Friedeberg and others, on the 3d of July , at St. Stephen, Coleman-street, and stealing therein 13 yards of linen cloth, value 13s.; 2 silver pots, value 3l.; 1 soupladle, value 1l.; 5 table-spoons, value 2l.; 8 tea-spoons, value 1l. 4s.; 2 salt-spoons, value 4s.; 2 salts, value 10s.; 2 silver sockets, value 5s.; 1 milk-pot, value 12s; 1 pair of sugar-tongs, value 3s.; 1 mustard-pot, value 10s., and part of a silver candlestick, value 15s. , the goods of the said Benjamin Friedeberg and others.

MR. MARKFRIEDEBERG . I live at No. 10, Finsbury-place, South, in the parish of St. Stephen, Coleman-street ; the dwelling-house belongs to my brother Benjamin, my sister, and myself - we all live there; we jointly contribute to the rent and taxes - it is our joint dwelling-house; I sleep in the second-floor front room. On the 3d of July, about three o'clock in the morning, my sister came into my room and requested me to get up; I dressed myself, went down stairs, and saw through the window the prisoner in the yard - he jumped on the dust-bin, and then on the wall; I opened the window, and called Watch! and Stop thief! the watchman and officers were in wait

ing, and after a few minutes, seized him, searched him, and found my property on him; I saw it at the watch-house - I did not see him searched myself exactly.

Q. Are you sure he is the man you saw that night when you were alarmed? A. Quite sure, for I saw him at the watch-house, and saw him in the yard; he jumped from the yard to the dust-bin, from there to the wall, and then into some vacant ground, where he was seized - I found my house had been entered by breaking in at the back kitchen window; they had cut a square of glass, then drawn a bolt back, and got in - when I came down into the parlour I saw the lock of the sideboard was broken open all the things scattered about, and all the plate gone; I had gone to bed between eleven and twelve o'clock - every thing was then secure and safe; the prisoner was searched on the vacant ground, before he got to the watch-house - I did not see him searched; I had left the sideboard all secure - I lost property amounting to about 50l.

Cross-examined by Mr. CHURCHILL. Q. How is your house situated? A. In Finsbury-place South; I saw him in the back yard as I came down stairs; there is no gaslight in the yard; there is a vacant ground there - it was a very stormy night, which every one may remember; there was no light there - it was between two and three o'clock; I swear to the man - I did not see his face till I got to the watchhouse.

Q. Why, did you not swear you saw that prisoner? A. Yes, because I saw him in the watch-house, and he was taken coming from the premises - I saw him in the yard, and called the watch and officers.

Q. What enables you to distinguish that man more than any other? A. His back was towards me when he went over the wall.

EVERARD DIGBY . I live near Mr. Friedeberg. Early in the morning in question, at the back of the prosecutor's house I saw three men, and judging all was not right, I went down and mentioned it - they were close at the back of the premises, in a yard belonging to Mr. Turner; I saw three men; I went down stairs and communicated what I had seen to an officer; they went in pursuit of them, and took the prisoner - I cannot say he is one of the men I saw.

Cross-examined. Q. Did you see him taken? A. No; it was a very stormy night.

Q. Was it not so dark, it was impossible to distinguish one man from another? A. At first it was quite dark when I saw them, but not when he was taken.

Q. When you saw them, it was not possible to distinguish any man's features? A. Yes, it was at that time.

WILLIAM ASH . I am superintendant of the watch. On the night in question, on going round the Circus, which is near Mr. Friedeberg's house, I was called over by the last witness, who informed me he had seen three men behind Mr. Friedeberg's house. I placed two watchmen round, and then went off to the watchhouse for assistance. I then proceeded round the corner of North Buildings, where I supposed they had got in, and staid till I got assistance, when an officer came up with a watchman - we proceeded to examine the ground - we broke open the door of a stone-mason's yard - could find nothing - we then jumped from there into the vacant ground, and continued searching there till ten minutes after three o'clock. We then spoke together, and agreed to leave the ground, placing two watchmen in the stonemason's yard to look out - we withdrew and had not got many yards before we heard rattles spring and a call of Watch! I was the first who came up to a folding-gate, which was fastened with a chain; I burst the chain open, and saw the prisoner coming towards the gate as if endeavouring to make his escape; I hallooed to my brother watchmen,"Here is one;" they immediately went into the stone-mason's yard; Burridge jumped over into the yard, where the prisoner was - he then made his escape towards the London Institution, but was taken by Burridge, and I saw the property found on his person.

Cross-examined. Q. How long were you watching? A. From ten minutes past one o'clock to ten minutes past three - and at a quarter-past three, the prisoner was taken.

Q. If anybody has sworn the prisoner was caught in less than ten minutes, it is not true? A. He was caught within ten minutes after the rattles sprung; the information was given to me before the alarm.

JOHN BURRIDGE . I am superintendant of the nightly watch. On the night of the 3d of July, I received information with my brother officers, that three men were supposed to be in this back ground. I got there five or ten minutes after two o'clock, and was in dilligent search, as the ground leads to a good many houses; I searched the stone mason's yard - a man might be concealed there for half an hour, and not be found; it was a heavy rain with thunder and lightning - we placed two men to watch, and as we went away, there was a cry of "There he goes - there is one on the wall." I ran back to Northbuildings - we had broken open the stone-mason's yard before; the prisoner came in contact with the waste ground, but seeing us two there, he ran along the wall - I jumped over, and caught him as he endeavoured to escape from the wall - I caught him on the dead wall of the Institution; he then had the bottom of the silver candlestick in his hand - he said he would make no resistance if I would not hurt him; I said I would not - I found the property on him; he had thirteen yards of linen wrapped round his body - my brother officer found a pint pot, a half-pint pot, a milk jug, several spoons, and different property on him.

WILLIAM MARKWELL . I was on the spot and assisted in securing the prisoner; I searched him and found the several articles mentioned in the indictment on his person, except the bottom of the candlestick - I produce them: I found the mustard-pot in the vacant ground behind the house - I found three centre-bits on his person; he had gone in the way the mustard-pot was found - a phosphorus box was given to me.

MISS SARAH FRIEDEBERG . I am the sister of MarkFriedeberg and live in the house. I have every reason to believe this to be the linen I had been cutting out and left in the side-board drawer when I went to bed; I missed it next morning - I was alarmed in the night; I was up, my elder brother being unwell - I heard a noise, and seeing the watchmen on the vacant ground, I awoke my brother.

Cross-examined. Q. There is no mark on the linen?

A. No - I do not know how much of it I cut out; it was twenty-five yards when I bought it - it was a very stormy night and thundered very much: when I awoke my brother I had a candle, and cannot speak to the state of the light.

COURT. Q. Do you believe this plate to be your brother's? A. Yes - I know it; it was all secure the night before.

MR. MARK FRIEDEBERG . I found on the stairs the part of the candlestick belonging to the part found in the prisoner's hand - I am certain all this property is mine; it is worth full 50l.

Cross-examined. Q. Did you always give the same account of this? A. Yes - I was present when the prisoner was brought to the Mansion-house, and swore to the property at the first examination; he was remanded for my sister to swear to the cloth, which I did not know - I did not say I could not swear to the plate because it was not marked; I said nothing about marks - the window was cut, the latch drawn back, and so they had got in at the window.

Prisoner's Defence. The gentleman said he could not swear to the pint pot because there was no mark to it.

GUILTY - DEATH . Aged 22.

Reference Number: t18280911-139

1695. FREDERICK JAQUIN was indicted for a misdemeanour .

NOT GUILTY .

Reference Number: t18280911-140

1696. THOMAS BELLAS was indicted for embezzlement .

The prisoner pleaded GUILTY .

Recommended to Mercy by the Prosecutor.

Confined One Year .

Reference Number: t18280911-141

1697. MARY WILSON was indicted for stealing, on the 5th of August , 1 gown, value 15s., 1 lace collar, value 4s., and 1 handkerchief, value 1s. , the goods of Major Bond .

HARRIET BOND . I am the wife of Major Bond. The prisoner was servant to Mr. Prettington at the house we lodged at for six days; I searched her box and found a handkerchief and collar of ours in it - the collar was taken out of my box; I had not missed them.

HEZEKIAH WILSON . I am an officer. I was sent for and the property was given to me; Mrs. Bond had searched her box.(Property produced and sworn to.)

GUILTY. Aged 25.

Recommended to Mercy . - Confined Three Weeks .

Reference Number: t18280911-142

1698. MARY WEDGE was indicted for stealing, on the 7th of August , 5 pieces of printed cotton, containing 26 yards, value 30s. , the goods of Bluma Symons .

CATHARINE SYMONS . I live with my mother, Bluma Symons, in Gravel-lane. On the 7th of August, between four and five o'clock in the afternoon, the prisoner came and knocked at the door and asked me for the name of Henderson; I said no such person lodged there, and she went away - I shut the door after her and went into the back place; I heard a cry of Stop thief! in a few minutes - I went out and found the parlour door wide open, and the prints taken from the window; I found her in custody with it four or five doors off - she had opened an inner door to get it: the street door was open.

SAMUEL SOLOMONS . On the 4th of August, I was at a public-house; I heard a cry of Stop thief! - I jumped out of window and took the prisoner running with this cotton.(Property produced and sworn to.)

GUILTY . Aged 27.

Confined Six Months .

Reference Number: t18280911-143

1699. WILLIAM Mc DONALD was indicted for stealing, on the 26th of August , 1 handkerchief, value 3s., the goods of Fielder Jenkins , from his person .

MR. FIELDER JENKINS. I am a merchant . On the 26th of August, I was on Tower-stairs , having landed from a boat - an officer came and said I had lost my handkerchief; I then missed it - he produced it.

JAMES HALL . I am an officer. I saw the prisoner take a handkerchief out of the prosecutor's pocket, and run away; I ran and took him with it.

Prisoner's Defence. I came from the other side of the water; as I came up the stairs I saw this handkerchief on the ground, and picked it up - I asked if anybody belonged to it; nobody answered and I was going away.

GUILTY. Aged 15.

Recommended to Mercy - Whipped and discharged.

Reference Number: t18280911-144

1700. JOHN DAVIS was indicted for stealing, on the 5th of September , 1 pair of trousers, value 1s. 6d., 1 waistcoat, value 9d., and 1 handkerchief, value 9d., the goods of George Francis Newsum , from the person of George Newsum .

GEORGE NEWSUM. I am the son of George Francis Newsum, and live in Carey-street. My mother sent me with these things, in a bundle, to my father, at Whitecross-street Prison; the prisoner came behind me in Beech-street and told me to move on - he directly caught hold of my waist, took the things off my arm, and took me off my feet and directly put me down; I asked him for them - he said he would not give them to me and ran off; I called Stop thief! and he dropped them as he ran - he was taken.

WILLIAM TRENTER . I am an officer. I heard a cry as I was in my box, in Whitecross-street - I ran out and secured the prisoner.

ALEXANDER MORTON . On the 3d of September, I was at the end of a Court, in Whitecross-street; I heard a cry of Stop thief! but being infirm, I did not step up - the prisoner ran past me about twenty yards, then put his hand across his breast, took the bundle from his left hand and then threw it on the ground; he was taken almost immediately - he ran against a house that was being repaired and was stopped.

MRS. NEWSUM. I am the wife of George Francis Newsum. I sent my son with a bundle containing these things.

Prisoner's Defence. I was walking down Beech-street, and saw a bundle on the stones - he said at first that I snatched it from him - then, that I picked it up, and walked away, which I certainly did; I heard a cry of Stop thief! and a gentleman took me - I merely saw it lying on the ground.

GUILTY. Aged 18.

Recommended to Mercy - Transported for Seven Years .

Reference Number: t18280911-145

1701. ROGER PEEL was indicted for embezzlement .

JAMES BROWN . I am a perfumer , and live in Cheapside. The prisoner was about four months in my employ, and received money on my account, which he should pay to me every day.

- ATKINSON. I owed Mr. Brown 8s., which I paid the prisoner on the 6th of June, and took this receipt; (read.)

MR. BROWN. He ought to have accounted to me that day, or the next, for this sum, but never did - I repeatedly asked him if he had received it after that time; he said he had not; he left me on the 16th of June, and on the very day I discharged him, I asked him if he had received Mrs. Bell's money - he said he had not; I said "I had proof of it;" and then he said he had received it, and would pay me - he might receive 3l. or 4l. in a week.

Cross-examined by MR. PHILLIPS. Q. Did not you and he enter into some agreement about commission? A. Yes; he was to have a commission on all sums received - he introduced me to ten or twelve new customers - I think not more; he was to have ten per cent. on what new customers he obtained.

Q. Did not you put him into a mad-house? A. I did; I assisted in causing him to be put there; he went on the 16th of June, the day he was discharged - I thought him mad; I had not observed any symptons, and indeed at that time I did not know that he was mad, only from the account of his friends - he had said a number of silly and foolish things; I thought it not right to lock a man up as a felon, and consented to his being placed in an asylum - he was discharged from there in three weeks, the surgeons considering there was not a single sympton of madness in him; I believe I was under a mistake regarding his insanity.

NOT GUILTY .

There were three other indictments against the prisoner, under the same circumstances, upon which he was acquitted.

Reference Number: t18280911-146

1702. JAMES FRENCH was indicted for a misdemeanour .

MESSRS. BOLLAND AND CRESWELL conducted the prosecution.

ROBERT JONES . I am a hosier, and live in Gracechurch-street. On the 12th of August, the prisoner came and asked to see a pair of good cotton stockings - I shewed him some at 3s. - they were too dear; I shewed him two more pairs - he chose one, and threw down a 5s. piece; the sound was very fair, but on looking at it, I said "Have you got any more of these;" he said No; I said "You know this is bad; how long have you been in the habit of passing bad money;" he said he did not know it was bad; I asked where he lived - he mumbled some street, in Old-street; I questioned him - he said he had no more about him - that he was a costermonger, and that he got the money from a brother costermonger in change;" I said "What! did your change amount to, 5s."- he said No - I sent for an officer, who found nothing on him; I told the officer I should not prosecute, as he had no more; he took him to the Mansion-house; I attended two days afterwards, and finding nobody from the Mint, he was afterwards discharged; on the 26th, I was desired to attend at Guildhall, and found him in charge for a similar offence; I gave the crown-piece to the officer.

JOHN DENT . I took the prisoner in charge, and received the crown-piece from Jones - I marked it; he was discharged, as the Mint declined prosecuting.

JESSE PIM . I live in Barbican . On Wednesday, the 20th of August , between eight and nine o'clock in the evening, the prisoner came into my shop, and asked for a cotton handkerchief, which came to 1s. - he threw down a 5s. piece; I looked at it, and threw it down, saying it was bad; he said "Bad, why I have just taken it" - I had taken one just before, and told him to let me look at it again; he said No - he would go and get it changed - I jumped over the counter, and detained him.

JOHN HARRISON . I am a constable. I searched the prisoner, and found this 5s. piece on him.

MR. FIELD. I am an inspector of coin. Both these 5s. pieces are counterfeit - both of the same description, and from the same mould.

Prisoner's Defence. I was selling things, and took them.

GUILTY .

Confined 1 Year and to find Sureties for 2 Years more .

Reference Number: t18280911-147

1703. GEORGE COOK was indicted for a misdemeanour .

NOT GUILTY .

Reference Number: t18280911-148

1704. HENRY WATSON was indicted for a misdemeanour .

JOHN NICHOLSON . I am a ginger-beer manufacturer , and live in Long-lane, Smithfield . On the 6th of September, the prisoner came to the shop - I did not know him before - he wanted to toss for ginger-beer: he then came up to where I was selling ginger-beer, and said he wanted change for a half-sovereign - he afterwards said he must have change, and threw the money on the board - I took it up, and considering it to be a gilt sixpence, I refused to take it - my man took it up afterwards. I am not certain that the prisoner is the man - he said it was a half-sovereign; he was taken up outside my door - the watchman was in the house at the time he was turned out - I do not think they took him immediately - I understood they let him go; I did not see him again till he was at Guild-hall - I cannot say when that was; nor whether he is the man.

JOHN BOND . I live with Nicholson. I saw the prisoner come in, and am positive he is the man; during the fair time we had a place in the shop to sell oysters - the prisoner came in, and asked for change; we said he could not have it - he wanted to toss for beer; they would do no such thing; he then said "Here is six of you, I will toss five of you;" he said he would have some beer, and threw down this gilt sixpence; the watchman took him out - I heard no more till I heard he had searched him, and found another bad half-sovereign on him; master said he should not know him - he has a very bad memory.

WILLIAM MOUL . I am a patrol. I took the prisoner in charge, and found another gilt sixpence on him - also a good sixpence, three half-pence, and a farthing.

WILLIAM BROADMEAD . I searched the prisoner, and found a coloured sixpence on him - also a good sixpence and some halfpence.

MR. FIELD. Both these are good sixpences coloured with gold.

Prisoner's Defence. I had the misfortune to take them at the fair, and being in liquor, I went to the shop, but did not knowingly offer them.

GUILTY . Aged 21.

Confined One Year .

Reference Number: t18280911-149

NINTH DAY, SATURDAY, SEPTEMBER 20.

Second London Jury - before Mr. Sergeant Arabin.

1705. THOMAS COSHAM BROWN was indicted for unlawfully counselling, advising, and endeavouring to persuade one James Woods , a person employed as a letter carrier, by and under the General Post-office, to steal letters and packets out of the said Post-office .

The prisoner pleaded GUILTY .

Confined One Year .

Reference Number: t18280911-150

1706. WILLIAM TAYLOR was indicted for a misdemeanor .

The prosecutor did not appear. NOT GUILTY .

Reference Number: t18280911-151

Second Middlesex Jury. - Before Mr. Serjeant Arabin.

1707. JOHN REARDON was indicted for stealing, on the 15th of September , 1 pair of breeches, value 2s., the goods of George Hughes ; 3 handkerchiefs, value 18d., and 1 waistcoat, value 18d. , the goods of John Tice .

JOHN TICE. I am a labourer , and live on Saffron-hill . On the 15th of September the prisoner slept in the same room with me - I went to bed between one and two o'clock in the morning; he was then in bed: my waistcoat was on the bed, and the other things under the bedstead; he was up before me - four persons slept in the room: I missed my things - he was then down stairs in custody, and my property was found on him; he had my waistcoat on, and the other things about him.(Property produced and sworn to.)

GUILTY . Aged 28.

Confined Six Weeks .

Reference Number: t18280911-152

1708. JAMES SHELDON and HENRY DUFFY were indicted for stealing, on the 16th of July , 1 coat, value 5s. , the goods of John Monse .

The prosecutor did not appear. NOT GUILTY .

Reference Number: t18280911-153

1709. HENRY TRWYETT & JOHN GREATAREX were indicted for stealing, on the 14th of September , 1 goose, value 5s. , the goods of George Pope .

FREDERICK DEBENHAM . I am a pawnbroker, and live at Kilburn. On the 14th of September, about nine o'clock in the morning, I met the prisoners about four miles from Pope's, in company with two more - Trwyett had a bag; I asked what he had got there; he said what was his own property - that he had bought and paid for it; I found a dead goose in the bag - its head was cut across; it appeared to have been dead about four hours; I called a watchman - we secured the prisoners; the other two ran away.

GEORGE POPE. I live at Kingsbury . On Sunday morning I missed a goose, and found it on Monday, before the Magistrate; I kept it shut up in a pig-stye in my yard - I had seven or eight, but only missed one; I am certain it was safe the night before.

TRWYETT'S Defence. I bought it of a man for 5s.

GREATAREX'S Defence. I picked it up.

TRWYETT - GUILTY . Aged 25.

GREATAREX - GUILTY . Aged 17.

Confined Three Months .

Reference Number: t18280911-154

1710. LOUISA WILLIAMS was indicted for stealing, on the 11th of July , 1 half-crown, and 7 shillings, the monies of Thomas May , from his person .

The prosecutor did not appear. NOT GUILTY .

Reference Number: t18280911-155

First London Jury - before Mr. Sergeant Arabin.

1711. ANN McGEE was indicted for stealing, on the 15th of August , 1 frock, value 6d., the goods of Richard Bates , from the person of Eliza Bates .

ELIZA BATES . I am the wife of Richard Bates, who is a gentleman's servant ; we live in Whiskin-street, St. John-street-road. I went up stairs to clean myself between one and two o'clock on the 15th of August, leaving my children at play in the passage, and my daughter Eliza was missing - I inquired about the neighbourhood, but could hear nothing of her, but between seven and eight o'clock a person told me she was in the watch-house; I found her in St. Sepulchre's watch-house, stripped of her frock; I was in the greatest distress about her - she is six years old in November; the prisoner was in custody - she is quite a stranger to me.

JAMES HAMBLIN . I am a hat-maker, and live in the Borough. On the 15th of August I was in Cooper's-row, West-street, Smithfield, about six o'clock, and saw the prisoner in a public-house, with this young child , having a pint of beer; she went out of the tap-room - I went away, but returned, and was informed a woman was up Sharp'salley, stripping a child of its clothes; I ran down, and found the prisoner on the step of a door, untying the child's clothes - the child was crying; she was putting its pinafore on, having taken its frock off - I asked what she had done with the child's clothes; she said she knew nothing about them: I took the child's frock from under her gown, and gave her in charge of a patrol, with the frock; inquiry was made, and at last the mother was found.

CHARLES WYBURN . I am a letter-founder. I was looking out of a window into Sharp's-alley, and overheard two women talking about a woman stripping a child; I ran down into the alley, and found the last witness in the act of taking the frock from the prisoner's person - I asked if it was her child; she said Yes: I said that was false - she said, "It is my sister's though;" we secured her.

RICE PRICE . I am an officer. The patrol brought the prisoner to the watch-house, with the child and frock.

ELIZA BATES . This is my child's frock; the child told who she was after the fright was over, and where she lived.

Prisoner. I leave myself to the mercy of the Court; I was intoxicated, and had the child in the yard, not knowing what I was doing.

GUILTY . Aged 39.

Transported for Life .

Reference Number: t18280911-156

1712. JOHN RUSSELL was indicted for stealing, on the 13th of June , 2 shillings, the monies of Thomas Venables and another, his masters .

The prosecutors did not appear. NOT GUILTY .

Reference Number: t18280911-157

NEW COURT, (1st DAY.)

Fourth Middlesex Jury - before Mr. Common Sergeant.

1713. JAMES MORRISON was indicted for stealing, on the 5th of July , 1 looking-glass, value 9s., and 1 blanket, value 4s. , the goods of Thomas McCarty .

The prisoner pleaded GUILTY . Aged 37.

Confined One Month .

Reference Number: t18280911-158

1714. JOHN SMITH and WILLIAM JONES were indicted for stealing, on the 5th of August , 1 handkerchief, value 2s., the goods of John Godfrey , from his person .

MR. ADOLPHUS conducted the prosecution.

JOHN GODFREY . I am Ordinance store-keeper at Purfleet. On the 5th of August I was in the Tower of London - a person gave me some information; I looked round, and saw the two prisoners near me: Jones lifted his hat from off his head, and my handkerchief fell from it; he said "It fell from the gentleman's pocket;" this is it - I did not see either of the prisoners do anything to me; there was no crowd about.

RICHARD THROP . I was near the Record-office in the Tower on the 5th of August; I saw the two prisoners go behind the prosecutor - Jones helf up his pocket while Smith took the handkerchief out, and gave it to Jones, who put it into his hat; I told the prosecutor of it.

JOHN HOPKINS . I am one of the warders of the Tower. I took the prisoners into custody.(Property produced and sworn to.)

SMITH'S Defence. I saw the handkerchief on the ground; I took it up; the other prisoner said "It dropped from the gentleman's coat pocket;" I said, "Are you sure of that?" he said Yes; I gave it to him to give to the gentleman: we were taken to Lambeth-street, and there the witness swore that Jones held the pocket and I took the handkerchief, but I am quite innocent.

SMITH - GUILTY . Aged 19.

JONES - GUILTY . Aged 19.

Transported for Fourteen Years .

Reference Number: t18280911-159

1715. JOHN McCANN was indicted for stealing, on the 14th of July , 1 watch, value 30s., the goods of John Furlong , and 1 watch, value 20s. , the goods of William Holbeams .

JOHN FURLONG. I lodge at William Holbeam's, at Bromley, near Bow . I saw my watch hanging over the mantel-piece in his front room, about twelve or one o'clock on Sunday, the 13th of July; I went out then, and returned in the evening, but I did not notice whether the watch was there; I went to work the next day, and was fetched home between four and five o'clock; the watch was then gone; I saw it again on the 17th of July, at Lambeth-street.(Property produced and sworn to.)

LYDIA HOLBEAMS . I am the wife of William Holbeams. Furlong lodges with us - I hung up my husband's watch under Furlong's, in our front room, on Monday, the 14th of July, about a quarter-past four o'clock in the afternoon - I went up stairs to dress, and heard some one ask at the door if I wanted any clothes lines; I answered No, but did not go down, nor see the person; when I came down the two watches were gone - I have not seen my husband's watch since.

THOMAS BERFORD . I am a constable of Bromley. I had the prisoner in custody on Monday, the 14th of August, between four and five o'clock, and while I was searching him Holding gave me this watch; the prisoner said, in my presence, to a person who asked him for the other watch,"I never had the other watch; I know I had one watch in my possession, but I know nothing of the other."

GEORGE HOLDING . I am a labourer. I was at work on the 14th of July, about four or five hundred yards from Furlong's lodging; I saw the prisoner running, and some persons pursuing, with a cry of Stop thief! Bryan, who was working with me, took hold of him, and I saw this watch fall from him.

DANIEL BRYAN . I was working in the field, and saw the prisoner running; some persons were pursuing him - I ran and took him; I saw Holding pick up the watch, but I did not see it fall. GUILTY. Aged 21.

Of stealing John Furlong's watch .

Transported for Seven Years .

Reference Number: t18280911-160

Before Mr. Baron Vaughan.

1716. WILLIAM TOWELL was indicted for stealing, on the 16th of August , at St. Luke, 1 clock, value 6l., the goods of Edward Richardson , in his dwelling-house .

EDWARD RICHARDSON. I am a publican , and live in Goswell-street-road . On Saturday, the 16th of August, I missed my dial from my room, between three and five o'clock; I had seen it a few minutes before hanging on a nail and fastened by another nail - I saw it again on the 19th in Brown's possession, he is a clock-maker - I value it at 6l.; it was valued to me when I took the house - my house is in St. James', Clerkenwell.

JAMES BROWN . I am an officer of Worship-street. On the 16th of August I went to Mr. Sowerby's, a pawnbroker, in Chiswell-street, between four and five o'clock - I saw the prisoner in one of the boxes, and took him into custody; I found this dial in the shop; the prisoner said a person gave it him to pawn; I asked who was the person - he said he did not know his name, nor where he lived, but he should meet him somewhere he had no doubt; I took him to the office, and found where the clock was taken from.

JAMES LEECH . I am shopman to Mr. Sowerby. The prisoner came there on Saturday, the 16th of August, about four o'clock, and offered this dial to pawn; I asked him what he wanted for it, but I forget what he said - I recollected he had wanted to pawn a dial which had been stolen some time before, and asked him if this was a better one than the last - he said he never brought one before; I was certain he was the person; I spoke to my fellow-shopman - we fastened the door, and I got the officer.

WILLIAM HARLING . I am a clock-maker. I repaired this dial last September for Mr. Richardson - it cost 8l. when new, and I consider may be about 2l. the worse for wear; I am certain it is worth 5l.

GUILTY. Aged 19.

Of stealing to the value of 99s. only .

Transported for Seven Years . (See Page 798)

Reference Number: t18280911-161

1717. SARAH MARTIN & MARY ANN STORER were indicted for feloniously assaulting Maria Smith on the King's highway, on the 13th of August , putting her

in fear, and taking from her person and against her will, 1 cornelian heart, value 5s. her property.

MARIA SMITH. On the 12th of August I had been to Clapham to spend the day; I was returning home, and was opposite the Horse Guards , soon after one o'clock, on the morning of the 13th of August; I saw these two prisoners, and another girl with them - Martin exclaimed,"Here is a modest wh-e, we will do for her;" she immediately struck me on the head, and tore the crown of my bonnet - Storer then knocked me down; I fell against the pallisades, and was nearly down; she struck me with her fist - I had a cornelian heart tied to a ribbon round my neck; two of them pulled at it, and very nearly throttled me - Storer was one of them that pulled the ribbon, but Martin took the heart from me - the other girl, who is not here, then struck me on the neck, Martin resigned the heart and the ribbon into the third girl's hand; I called the watch, and they all ran off - I went to the watchman's box, and pointed out the two prisoners to him; he took them, but the third girl was then gone; I saw her afterwards, and said, "That is the girl who took the heart," and she ran away.

JAMES PHILLIPS . I am a watchman. On the morning of the 13th of August the prosecutrix came to me, between one and two o'clock - she told me she had been stopped by three girls in Parliament-street, as I understood; I asked where the girls were - she pointed to Martin, and said, "There is one of them going down to the Horse Guards, that is the one who struck me and robbed me;" I took her - Martin said several times she knew nothing about it; when we got to the corner of King-street, Storer and another girl were coming up as if from Downing-street, towards us - they said, "My dear, what is the matter?" the prosecutrix pointed to them and said, "That is the girl who has got my property, take her in charge" - I said to the other girl, "You must go with me to the watch-house;" she said she would, and she went as far as Garden-lane, and then ran away down there - it was rather a dark night, and she got away; Storer was in front of me, and struck the prosecutrix several times - I told her I would knock her down if she did not be quiet, and at that time the other got away; we went on to the watch-house, and gave charge of Martin - when I came out I saw Storer near the door; I thought she might be the person who had received the property, and desired her to go in that the prosecutrix might see her - she went in; the prosecutrix said she did not think she was the girl who had her property, but she knew she struck her when Martin robbed her; she seemed to have no doubt of that, and gave charge of her.

HENRY DULY . I was night-constable at the watch-house when Martin was brought in; Storer was brought in then, and the prosecutrix gave charge of her as being the person who struck her while Martin robbed her - Storer then took hold of her bonnet, and tore it all to pieces - the crown of it had been broken in before; this is a part of the ribbon which was round the prosecutrix's neck when she came to the watch-house.

STORER'S Defence. At half-past twelve o'clock at night I was drinking in the Heathcock public-house, and took home a girl who was tipsy; as I came back I saw this prisoner in charge of a watchman - I said, "Sally, what is the matter;" she said, "I am given in charge" - I followed them, and saw a girl behind with a bit of ribbon in her hand, which she said was part of the sandal of her shoe - I staid outside the watch-house, and the watchman came up and asked me to go in; I went in, and was given in charge; this girl walks Charing-cross, and I walk the Strand - we are both unfortunate girls.

NOT GUILTY .

Reference Number: t18280911-162

1718. WILLIAM TOWELL was indicted for stealing, on the 5th of August , 1 clock, value 4l. , the goods of Edward Fordham . (See Page 797)

EDWARD FORDHAM. I keep the Queen's Head public-house, Hoxton . The prisoner came in there on the 5th of August, about half-past six o'clock in the morning, with a bag, partly filled with what proved to be dirt- he staid there till nine o'clock, and when the boy went out for his pots, the prisoner emptied out the dirt under the table, and took away the clock, which had been fixed up close to the ceiling; I missed it in about three minutes after he had left the house, and saw it again in possession of Brown, the officer; I will not positively swear that the prisoner is the man who came into my house - the clock is worth about 5l.

THOMAS BERRY . I live with Mr. Fordham. The prisoner came to the house on the Monday night and had a pint of beer - he came again on the Tuesday morning, with a bag half-full of something; I was in the room with him and went out at nine o'clock - the clock was there when I went out; I returned soon after, but did not miss it - I went out again, and when I returned the girl said to me "See what a mess he has made under the bench" - a man came in about half-past nine o'clock, and went to look up at the clock, and it was gone, but my master had missed it before then; I am sure the prisoner is the man.

Prisoner. He said on the Tuesday, at Worship-street, that I was not the man. Witness. Yes, I did; I had not noticed him particularly then, but I have since - I know him by his eye, but I did not notice his eye at Worship-street the first time.

HENRY HAYES . I am a pawnbroker, and live in Goswell-street. I took in this clock of a man, who I believe was the prisoner, but I cannot be positive to his person; I was busy at the time, and he was not in the shop more than two or three minutes - I advanced 16s. on it; this was on the 5th of August, between five and six o'clock in the evening.

JAMES BROWN . I am an officer. From the description which Mr. Fordham gave me of the prisoner, I told him to come to the office, where he saw him - Berry came down with him, and in going to the office Berry described the prisoner to me; but when we got there, he said he could not be positive as to his person, but he thought he was the man; when he saw him the next time, he said he was the man - he described him as having a defect in his sight, which he has; I found the clock at the pawnbroker's. GUILTY . Aged 19.

Transported for Seven Years, to commence at the expiration of his former Sentence .

Reference Number: t18280911-163

1719. JOSEPH HIDE was indicted for a burglary in the dwelling-house of Humphrey William Woolrych , on the night of the 29th of August , with intent to steal .

WILLIAM GOODWIN . I had the care of Mr. Woolrych's house, which is in Great Coram-street - he and his family were out of town; my wife and one child were there. - On the 29th of August we went to bed about ten o'clock - I was the last person up that night, and saw the house all secure: about half-past two o'clock in the morning, the watchman alarmed me by ringing and knocking at the door; I went down and he asked me if any one was up in the house - I said No; he came in and we went into the kitchen, where he said he had heard a noise - we found the shutter cut and the window open; I could have got in at the place, very easily - we found no one in the kitchen; went to the top of the house and found a door open, which goes out on the roof - I had seen it locked the night before - we went out there, but found no person, nor marks of any one; I did not hear any one in the house nor miss anything - I know the prisoner, and have seen him at Mr. Woolrych's.

Cross-examined by MR. PHILLIPS. Q. Is not the prisoner half-witted? A. No, not to my knowledge - I did once drink with him.

LUKE LILLY . I am a watchman. At half-past two o'clock in the morning, I heard, what sounded to me, like the crack of a door, at Mr. Woolrych's house - I went there and saw the kitchen-window shoved up; I listened two or three minutes and heard the foot of some person in the kitchen - I rang the bell and gave the alarm; we searched the house, but nothing was found - I went there again about half-past five o'clock, and the lady at No.7, gave me information; I went to No. 8, and from there I went through the loft of No. 7, which I found open, and all the back doors were open into the yard; I then went to No. 6, and fould the prisoner in the privy - there is a poplar tree growing close to the wall, between Nos. 6 and 7; I saw the marks of feet in that tree - I had no conversation with the prisoner, but in going to Marlborough-street, I shewed him this chisel, which I had found on the dresser of No. 5, and asked him how he got it - he said he bought it at ten o'clock the night before, and he did not remember leaving it in the kitchen.

Cross-examined. Q. Did you know him before? A. No: I did not ask whether he meant to take anything out of the house - I found nothing on him.

WILLIAM BROWN . I am a watchman. I was with Lilly when he searched the house, and when he found the prisoner, as he has stated - we asked him if there was any other person with him; he said No - he said he bought the chisel at ten o'clock at night, and entered the premises at half-past eleven; he said he bought the chisel for the purpose of entering the premises - I cannot say whether he said to rob them; he said had Mr. Woolrych been in town, he should have taken something, but not much; but had he known he was out, he should not have taken anything.

Cross-examined. Q. Did you tell this to the Magistrate? A. I made the same statement, and the evidence was read over to me: Mr. Fitzpatrick, the Magistrate's clerk, asked me the questions - the prisoner stated he had been in the house from half-past eleven till half-past two o'clock; he did not tell me he never had a notion of stealing anything, but it was merely to frighten Goodwin; I never heard that expression - he did not say in my hearing that he never meant to rob the house: I did say, when we found him in the privy, that I wondered what brought him there, if he did not mean to rob - I did not know him before; he did not say how he knew that Mr. Woolrych was not at home - the other watchman was with me and heard what passed.

Prisoner's Defence. The watchman asked me what I intended to do to the house; I told him it was not with an intent of robbing at all, but I did not say a word of Mr. Woolrych's being in the country - I had no intention of robbing; I knew there was nothing in the house.

NATHANIEL CHITTY . I am a glazier. I heard of the prisoner being taken up, about three o'clock, the day he was taken; I had been drinking with him the night before, and parted with him about half-past ten o'clock - he was then drunk.

HUMPHREY WILLIAM WOOLRYCH , ESQ. I am a barrister - I rent the house in question. The prisoner lived with me about four months - I thought him a very honest lad, though a very stupid one; when I go out of town, I always remove my plate and have reason to believe the prisoner knew it - I always state so to my servants.

CHARLES CHAMBERS . I am a soda-water manufacturer. I have known the prisoner seventeen or eighteen years, and his family. I never heard anything but honesty of him, but I looked upon him as exceedingly softhis mother bred him under derangement, and at two years of age he was run over, and has never been right since.

NOT GUILTY .

Reference Number: t18280911-164

1718. JOSEPH ROLFE and WILLIAM CROFT were indicted for feloniously assaulting James Tunny on the 1st of July , on the King's highway, putting him in fear, and taking from his person, and against his will, 1s. 4d., his monies .

JAMES TUNNY. I live in Royal Hospital-row, Chelsea . About half-past ten o'clock at night, on the 1st of July, I saw the two prisoners in the street a little to the left of my door - they were quarrelling with a man, and asked him if he was a pensioner: he said what was that to them; Rolfe then struck him and knocked his hat off; I stepped off the stones, and said it was shameful to use a man in that way; they turned from him and followed me, and before I got into my door they knocked me down senseless; I was got in by my wife and sister; I had 1s. 4d. in my right-hand trousers pocket, and when I came to myself, my wife said,"Your pocket is turned out;" I then felt, and the money was gone; I was quite sober when I went to the door; after I had got into my house, they repeatedly said they wished they had me out they would kill me; after it had struck eleven o'clock, they came back with a great many other people and broke open my door; I am a Chelsea pensioner, and carry on the umbrella business; I am quite sure the prisoners are the men who ill-treated me; there is a gaslight near there, and it was quite light enough for me to see them; I have repeatedly seen them in the neighbourhood.

Prisoner ROLFE. Q. How long did you see me and the other man fighting? A. I dare say for five minutes; I did not knock you off your second's knee with the leg of a bedstead; Croft came afterwards and gave himself up.

Q. Was there not a young woman taken up and fined for ill-treating you? A. Yes; but there were no persons there at first but the prisoners - there came a great many afterwards.

THOMAS CALLAGHAN . I live in the same house with the prosecutor. On the night of the 1st of July I was standing opposite my lodgings - between ten and eleven o'clock the two prisoners came up to me; Rolfe struck me and knocked my hat off, Croft took it up and ran away with it; Rolfe and I fell into a house, he was stronger than me, and threw me on the ground; Croft then came back and kicked me; Tunny came out, and said it was a shame for them to illuse me in that way; they turned round from me and both struck him; he returned towards his own door - the prisoners and others followed him; there was a great row, but I did not see anything done to his pocket; his wife and sister came out and drew him into the house and shut the door; I dare say, at that time, there was half the people in the street round the door.

Prisoner ROLFE. Q. Were you not standing at the door of the Three Crowns public-house, quarrelling with a man and woman? A. I was standing opposite my own door advising a drunken man to go home with his wife - I did not touch you; I did not fight at all - I struck in my own defence as well as I could - I did not pull my jacket off.

MARGARET TUNNY . I am sister of James Tunny. I was at his house on the night of the 1st of July, I was putting the children to bed - I heard the quarrel and came down; I saw the two prisoner's hitting my brother, (who was then on the ground) on his right arm - I and his wife went to his assistance; she was beat off; Rolfe struck me and gave me a black eye; I kept hold of my brother and his wife - I dragged him in and got the door shut: I did not observe whether anything had been taken from his pocket I was in so much tremor - there were not many persons about when we got him in, but they returned afterwards and broke in the middle of the door, threw stones in, and broke the window between the parlour and the shop; I am quite sure I saw the prisoners, by the light of the lamp at the door.

COURT. Q. How near was your brother to the house when you went out? A. Close to the step; it was an oil lamp, but light enough to see the prisoners.

Prisoner ROLFE. Did you see any blood on my head, or jacket, or handkerchief? A. No, I did not - I was trying to get my brother in.

COURT. Q. Was there any blood on your brother? A. Yes, on his face, where a woman kicked him twice; I saw the prisoner kick my brother till I thought they had kicked the life out of him.

JOSEPH SMITHERS . I am a Bow-street officer. I took Rolfe on the 4th of August, at No. 4, College-street, Chelsea-common; I found this box of tools nailed down under his bed - I asked him what they were; he said his own tools, and he made bird-cages with them; here is a stock and two centre-bits, some chisels, and files.

ROLFE'S Defence. I was coming up the row with a man named Stoner - we heard a piece of work at the Three Crowns; I went and asked Callaghan what was the matter - he said, what odds was it to me, and struck me; we had five or six rounds - Stoner picked me up, and I was sitting on his knee; Tunny came up with a leg of a bedstead and knocked me down - I have the mark on my head now; when I came to myself he was gone into his house, and there was a mob of fifty or sixty people there - and they said, "Break the door open;" some persons did throw stones at the door - and I saw Tunny with a drawn sword, saying he would cut down any man that came near him.

CROFT'S Defence. I was coming by the prosecutor's house, and saw Tunny; I said, "Is there a fight?" he said,"It is no odds to you," I saw him go up to Rolfe and knock him off his second's knee; I said it was a shame - he struck me, I had a struggle with him, and got the stick from him; he then went to his house: I saw some persons follow him, but I went home - I took the stick to the officer, and he has it now.

GEORGE POOL . I live with Mr. Taylor, who keeps the Nell Gwynne public-house; he sent me to see what the noise was; I went up, and saw Croft with his head cut - he told me Tunny hit him with a stick, but I did not see Tunny.

ROBERT FOWLER . I saw Rolfe with a cut across his head, and Tunny in his own house, brandishing a sword, between ten and eleven o'clock, and after the door had been broken in; Rolfe was in the street - I did not see Tunny do anything.

SOPHIA WESTON . I was going up the row with Croft, and hearing a piece of work we went back, and got against Tunny's door - I did not see the first of the piece of work, but I saw Tunny come out of the door with a piece of a bedstead, as it appeared to me, and he struck Rolfe over the head with it - he was very much covered with blood; Croft said it was a great shame, and went to take the stick out of his hand - he hit Croft on the arm and on the side; after a few minutes Croft got the stick from him - he then ran in doors, and fetched out an old rusty sword, as it appeared to be, and said that the first one that came near to him he would run him through - that was on the threshold of his own house, not in the passage; the street door of his house was open - I do not know whether it had been broken; I had before that seen him lying down near the step of his door - I believe Croft was then washing Rolfe's head at the next door but one; I did not see any person kick him - I was not in the house with Rolfe when he was taken.

COURT to JAMES TUNNY. Q. Did you see this witness? A. Yes; she kicked me on the cheek as I lay on the ground; she lives with Croft - I am sure she is the person who kicked me, and she was fined 14s. for it at Queen-square; I did not come out with any bed-post - I had no sword in my hand at all; I could hardly draw my breath - there were people about me directly; I could not see who took my money - I had changed half-a-crown in the afternoon, and had 1s. 4d. in my pocket; the pocket was turned out - there was no fight between Callaghan and the prisoners - he only struck in his own defence, and I said it was a shame for two to be on one; I was then going back to my own door, and just as I got there they knocked me down - I have no doubt they intended to take my life; I never struck either of them at all.

Prisoner ROLFE. There were two men taken up with that woman for breaking the door, and they had a fortnight each.

NOT GUILTY .

Reference Number: t18280911-165

1719. STEPHEN PITCHER , RICHARD FARR , JAMES KINGZETT , and EMMA BERRY were indicted for unlawfully, riotously, and tumultuously assembling together, to the disturbance of the public peace, and being so assembled did feloniously begin to demolish and pull down two stables, two coach-houses, and two out-houses, the property of Thomas Abbott , and Thomas Caney Smith , in the parish of St. Margaret, Westminster .

THREE OTHER COUNTS, varying the charge.

MR. PHILLIPS (on behalf of the prosecution) declined offering any evidence.

NOT GUILTY .

Reference Number: t18280911-166

1720. TIMOTHY MALONEY and THOMAS JONES were indicted for stealing, on the 11th of July , 1 handkerchief, value 2s., the goods of the Rev. Thomas Hatch , from his person .

THE REV. THOMAS HATCH. I had been out to dinner on Friday, the 11th of July, and was going up Regent-street , at half-past eleven, or a quarter before twelve o'clock at night; a female came up to me, and asked me a few questions; soon afterwards a person came up to me, and said, "I don't know whether you are aware of it, but those boys have got your handkerchief:" I looked, and saw the two prisoners, ten or twelve yards before me, preparing to cross the street; I ran after them - they went down a street; I called Stop thief! they went down another street, and got to Old Burlington-street - I lost sight of them there, but in a few moments I saw them in custody of a watchman; we went to the watch-house, and they were searched, but nothing was found on them - in a few minutes a female came in with another watchman, and the handkerchief was placed in my hands.

Prisoner JONES. When the watchman had hold of us, you said I had your handkerchief. Witness. I said one of you had it.

ELEANOR EDWARDS . I was coming from the English Opera, and must acknowledge I did speak to the prosecutor; I had not been speaking to him above three minutes, when a person told him his pocket had been picked; I turned, and saw Maloney with a handkerchief in his hand, in the act of giving it to Jones - they were then about a yard from the gentleman, but seeing me look at them, the handkerchief was dropped between them; they crossed the road, and I took up the handkerchief, and sought for the owner - I spoke to a watchman, who took me to the watch-house, and there I found the prosecutor and the two prisoners.

Prisoner JONES. She said she was along with the gentleman arm-in-arm. Witness. No, I had not hold of his arm.

JOHN HEATHER . I am a watchman. At twelve o'clock that night I was in Old Burlington-street; I heard the cry of Stop thief! I went to the end of the street, and saw the two prisoners; I pursued, and took Jones first; Maloney came up to know what was the matter - I took hold of him; the prosecutor came up, and we took them to the watch-house; Edwards came in with the handkerchief.

SAMUEL EVANS . I am a watchman. I saw Edwards in Saville-row; she gave me this handkerchief - I took her to the watch-house.(Property produced and sworn to.)

MALONEY'S Defence. I had been up Regent-street, and heard a cry of Stop thief! I saw the watchman take hold of this boy - I asked what was the matter, and he took me.

JONES' Defence. I had been to the play with my sister - I went home with her, and was then going home; the watchman took hold of me - the gentleman came up, and said "He has got my handkerchief, mind he don't drop it."

MALONEY - GUILTY . Aged 15.

JONES - GUILTY . Aged 16.

Transported for Fourteen Years .

Reference Number: t18280911-167

1721. JOHN McGRATH was indicted for stealing, on the 22d of July , 1 purse, value 3s.; 4 sovereigns, 2 half sovereigns, 9 shillings, and 1 sixpence, the property of Samuel Waymouth , from his person .

CAPT. SAMUEL WAYMOUTH. I am in the army. On the afternoon of the 22d July, I was walking in Davies-street - I felt a touch, which induced me to look round; I saw the prisoner close to me - he seemed to be speaking to some one near him; I felt in my pocket, and my purse was gone; the prisoner walked towards Grosvenor-street - I followed him till he got to a corner, and then he ran; I followed him till he got to the square, where I lost sight of him - I found him in custody of some person, and my purse was found in the area of a house close to him.

Cross-examined by MR. PHILLIPS. Q. Did you see the purse in the area? A. Yes, I did; I did not see him do anything to me; I first lost sight of him as he turned into Grosvenor-street, and again, as he turned into the square- the area in which the purse was found was at the corner of Brook-street and Grosvenor-square; he was close by the area; the purse contained four sovereigns and two half-sovereigns, nine shillings, and six sixpences.

COURT. Q. Was there anything found on him? A. There was some money, but not of mine - all mine was in the purse in the area; I am quite sure he is the person who was near me - this is the purse and money.

JOHN HUNTER . I am a tailor. I was in Grosvenor-street about two o'clock, coming from the Marquis of Aylesbury's - I was three or four doors from the corner of Grosvenor-street, and saw the prisoner in a blue coat and a black-velvet waistcoat, coming up Grosvenor-street at great speed; he rather attracted my attention at the time; I saw a number of persons following, crying Stop him! - I thought he had broken a window, or something of that sort; he turned into the square, and went towards Brook-street; I called to some person to stop him, which they would not do; I then ran after and took him at the corner of Brook-street and Grosvenor-square; as I turned the corner I had a full view of him through the angle of the rails - I heard something fall like a purse; he turned round, and threw his hand back, and said to me"Pray Sir what is the matter?" - I said "That is best known to yourself," and linked his arm into mine - Captain Waymouth's servant came up, and took hold of him; a gentleman then came up, and said "Whatever it is, he has thrown it down the area;" I went up, and received the purse from Mr. Alexander's servant; I gave it to the officer - there was 5l. 12s. in the purse, and the prisoner had 15l. 8s. in his pocket tied up in a handkerchief - I think it was; I am sure I heard something fall like keys

or coin, and it was found in such a situation as it would have been in if he had thrown it.

Cross-examined by MR. PHILLIPS. Q. Is the person here who said he threw it into the area? A. No, not to my knowledge - I should not know him; he looked like a gentleman; I saw the money taken from him at the watch-house - I do not know that it was in the handkerchief; I saw the money and the handkerchief; I had not lost sight of the prisoner - he was close to the area when I took him; I should think he had the start of me about three houses; I did not see him throw anything away - it was broad day-light; I heard something fall - he was close to the rails.

JOHN ATKINS . I live with Mr. Alexander, in Grosvenor-square. I was sitting in the servant's hall; I saw a mob - I went into the area, and found this purse; I took it up, and gave it to my fellow-servant, who gave it to Mr. Hunter; there were fifty or sixty people round.

JOHN LACEY . I am beadle of St. George. I took charge of the prisoner in Mount-street - I found fifteen sovereigns and 8s. on him, and this handkerchief, which he owned; this purse and money were given me by Mr. Hunter - here are five sovereigns, two half-sovereigns, and some silver.(Purse produced and sworn to.)

Prisoner's Defence. I am totally innocent of the charge; there were people passing and re-passing who might have thrown away the purse, and I not know it - my mother has been dead eighteen months - she left me one hundred and eighty pounds.

GUILTY . Aged 18.

Transported for Fourteen Years .

Reference Number: t18280911-168

1722. TIMOTHY SHEARMUR was indicted for stealing, on the 15th of August , 1 handkerchief, value 2s.; the goods of Edmund Tabberer from his person .

EDMUND TABBERER. On the 15th of August, between nine and ten o'clock in the evening, I was going down the Strand - I was told by an officer, who had the prisoner in custody that I had lost my handkerchief; I had not missed it before.

WILLIAM FORTEY . I am a Thames Police-office surveyor. About ten o'clock at night, on the 15th of August, I saw the prisoner and another lad following the prosecutor and a lady; I saw the prisoner make two attempts to get the prosecutor's handkerchief, which failed; he tried a third time, and got it out, and passed it behind him to the other lad; I ran up, and took hold of them both - I had but a slight hold of the other, and he got away from me; I took the prisoner up to the prosecutor, and a watchman brought up the handkerchief.

LEGER GILMAN . I am a watchman. On the 15th of August, I was going along the Strand, on duty; I saw a scuffle, and the handkerchief was thrown up in the air; I went up, and shewed it to the gentleman.(Property produced and sworn to.)

GUILTY . Aged 19.

Confined Three Months and Whipped .

Reference Number: t18280911-169

1723. ROBERT WILD was indicted for stealing, on the 23d of July , 1 handkerchief, value 2s., the goods of John Klos , from his person .

JOHN KLOS. On the 23d of July I was going down the Haymarket ; I took out my handkerchief, and put it into my pocket again - in about two minutes after a little boy told me I had lost it; I looked, and saw the prisoner with it in his hand - he ran to Brewer-street, and then to Peter-street, where he was stopped; I never lost sight of him.

GEORGE BARRY . I was in Brewer-street, and saw the prisoner running, and the prosecutor pursuing, crying Stop thief! - I ran and seized him; he said he would give me the property back, if I would let him go - I took the handkerchief from his pocket.

GEORGE KNOX . I am watch-house keeper - I received charge of the prisoner and handkerchief.(Property produced and sworn to.)

GUILTY . Aged 15.

Three Months and Whipped .

Reference Number: t18280911-170

Fifth Middlesex Jury - before Mr. Common Sergeant.

1724. MARGARET COFFIN was indicted for stealing, on the 7th of September , 2 half-crowns, 8 shillings, and 1 sixpence, the monies of John Oliver , from his person .

JOHN OLIVER. I am a shoemaker , and live in St. Martin's-lane. On Sunday last I saw the prisoner in Vine-street, about ten minutes before ten o'clock; I went home with her, and was with her some time - I had given her 2s., and as I was putting on my braces to go away, she came round, thrust her hand into my breeches pocket, and said, d-n her eyes, she must have the money; she took from me two half-crowns, eight shillings, and one sixpence - I thought there might be some other persons in the room; I went to the window and called the watchman, he came up and searched the room, but nothing was found - there was a good deal of lumber in the room; the money was found at the watch-house - I was sober, I had only had three pints of porter the whole day, and no spirits; she was sober likewise - I did not go to bed, but was undressed; I had three half-crowns, eight shillings, and one penny halfpenny.

Prisoner's Defence. I was not sober - I asked him up stairs, and he came; I said, "I should like to have something to drink," he said, by all means, and he gave 1s. to get half a pint of gin - he then sent for a pint of half-and-half out of the change of the 1s.; he was in bed some time, and then he got up: I said, "You are not going to disappoint me, you promised me to stay all night"- I said, "You shall not go;" he called the watchman, and when he came up the money was lying in the chair - I took it up and put it into my stocking, and put it under my left breast; I would have given him part of it back, but I would not give him all.

HARRIET WELLS . The prisoner was brought to the watch-house and I searched her, and found six shillings and two half crowns under her left arm, and one shilling in her hand; she appeared sober.

WILLIAM SMITH . I am a constable; I told Mrs. Wells to search for the money, and she found it.

GUILTY . Aged 30.

Transported for Fourteen Years .

Reference Number: t18280911-171

1725. JOHN WESTMORELAND was indicted for stealing, on the 9th of August , 3 books, value 20s. , the goods of John Henry Kelly .

JOHN HENRY KELLY. I am a bookseller and live in Vigo-street, Regent-street . On the 9th of August I lost two

prayer books and a testament from a drawer on my counter; I was out at the time.

LOUISA GREEN . I am in the employ of Mr. Kelly. On the 9th of August I was in the parlour, which looks into the shop; the prisoner came in for one pennyworth of paper, which I served him with - I did not see him take anything; but my mistress, who was in the room, did - he then turned to go out, and my mistress called Stop thief! I went after him and gave an alarm; at the corner of Sackville-street I saw him take something from under his coat and put it into his hat - he ran down Sackville-street and dropped two books; I took up one - I did not see him caught; he had just turned the corner of Churchpassage, but I am sure he is the person - some persons picked up the books and gave them to me, I gave them to the officer: I had not sold them - nobody had been to the shop.

Prisoner. Q. Did you see me put the books into my hat? A. I saw you put something into your hat - I swear you are the person.

BENJAMIN WEBB . I am an officer. I heard the cry of Stop thief! and went towards the place; the prisoner was given in charge by a person who is not here - these books were delivered to me.

MR. KELLY. These are my books; they have my private-mark on them - they had been on my counter.

Prisoner's Defence. A young gentleman came up to me and said I had got two books; I said "What do you mean" - I had no book about me; he said he would take me to the place they had been stolen from - I said I would go any where, and as we were going back, a girl came up and brought a book, which she said I had dropped in Sackville-street - we met the constable; the girl then said I had stolen three books - I have since learned they belonged to Mr. Kelly, in Vigo-lane, but I do not know it; the girl says she lost sight of the person who stole the books, and if so, she might very easily mistake any young man for me. GUILTY . Aged 17.

Transported for Seven Years .

Reference Number: t18280911-172

1726. JOHN WEBB was indicted for stealing, on the 29th of July , 4 pewter pots, value 3s. , the goods of John Orth Waldener .

ELIZABETH HUNTINGFORD . I was in the service of John Orth Waldener, the Rising Sun public-house, on the 29th of July. The prisoner is a dustman , and came to take away the dust about seven o'clock in the morning - I followed him down to the cellar to shew him where it was; there were two quart pots and two pint pots near the dust-bin, which had been there for several days - I saw them when I went down that morning; the officer came soon after, and asked if we had had the dustman - I said Yes; he asked if I missed anything - I said No; he then produced these four pots, which were the same which I had seen by the dust.

Prisoner. She was not the distance of a yard from me the whole time I was there. Witness. I was in the kitchen; he was there ten minutes or a quarter of an hour- the prisoner was below the whole time; there was another with him, who carried up the dust.

The prisoner here pulled off his shoe, and threw it with great violence at the witness - it struck her on the arm - for which Contempt of Court he was ordered to be Confined Six Months.

BENJAMIN WEBB . I saw the prisoner pass me about one hundred and fifty yards from the prosecutor's - he had something which appeared heavy under his smockfrock; I followed him, and saw him offer them for sale; I asked him where he had got them - he said he had them given to him by a servant girl; I found the place, and asked the servant if she had given them to him - she said No; her master had desired her to watch them while they were there.

Prisoner. She gave me the pots to get a drop of beer she knows it is true.

ELIZABETH HUNTINGFORD . I did not give them to him.

GUILTY . Aged 39.

Transported for Seven Years .

Reference Number: t18280911-173

1727. MARY LEWELLYN was indicted for stealing, on the 19th of June , 2 sheets, value 14s.; 1 waistcoat, value 10s.; 2 napkins, value 4s.; 1 towel, value 1s., and 2 pillowcases, value 3s. , the goods of Thomas Benyon .

SECOND COUNT, stating them to be the property of Thomas Benyon , Jun.

MR. PHILLIPS conducted the prosecution.

JOHN PENNINGTON . I lived in June last in Pall-mall , with Mr. Thomas Benyon, Jun.; the prisoner was cook there. On the 17th of June, Mr. Benyon went down to Leeds, in consequence of the death of a relative; the prisoner and I left the next day - two sheets and some other articles were missing from there.

WILLIAM BALLARD . I am an officer of Marlborough-street; I went with Clements to the prisoner's lodgings - as soon as I went into the room I saw something in her hand; I asked what it was, she said Nothing, but I took her hand and found five duplicates in it.

THOMAS CLEMENTS . I went with Ballard to Gloucester-court, to the prisoner's lodging - I told her a great many articles of Mr. Benyon's property were missing from Pall-mall; I saw her giving this bundle to a female who was there - here is a waistcoat and the articles stated; I heard nothing said by way of threat or promise - the Magistrate asked her if she had anything to say, and told her she need not answer unless she pleased; she then said she did take the things, that she had a large family, and begged for mercy.

JAMES RANDALL HOBBS . I am a pawnbroker, at Lambeth. I have some sheets, towels, and napkins pawned by the prisoner - I gave her the duplicates in the name of Mary Lewis, by which I had known her for four years; this was on the 23d of June - I believe she is married and has a family.

JOHN PENNINGTON re-examined. Q. What are the articles? A. Sheets. napkins, and other articles, they are the property of Mr. Thomas Benyon, the elder - I did not miss them till I got into the country.

GUILTY. Aged 40.

Recommended to Mercy . - Confined Three Months .

Reference Number: t18280911-174

1728. JAMES WATSON , CHARLES MATTHEWS , and JOHN BECK were indicted for stealing, on the 19th of August , 2 bridle-bits, value 5s. , the goods of John Stotton .

MR. CLARKSON conducted the prosecution.

JOHN STOTTON. I am a livery-stable keeper , and have a

farm at Finchley . On Sunday, the 17th of August, I went to the farm from London; I had some bits in that stable, which I had used about a month before - the stable had been fastened by the man who usually does it; the next morning I heard that the window of the stable had been taken out - I went there between seven and eight o'clock and missed the bits, which I had seen two or three days before; I saw them again on the Tuesday or Wednesday following, at the watch-house, at Kentish-town - my stable window-frame and all were taken out.

RICHARD DAKIN . I am inspector of the watch at Kentish-town. On the morning of the 18th of August, at seven o'clock, I was standing about, after leaving duty, I saw the three prisoners pass me, near Grafton-place, coming towards London, by the road from Finchley - I stopped Matthews first, with this green bag; I found these two bits in it - I asked where he got them, he said he had been in the country for them; a gentleman had sent him for them - I left him in custody at a public-house and went after the other two; I took them and found this chisel concealed down Watson's overalls - they had both some apples about them: the other two had got about one hundred yards on before I took them; they were walking - the same bits were shewn to Mr. Stotton on the Tuesday, I think it was - I went to Finchley and fitted this chisel to the window; it corresponded with the marks exactly, and I have no doubt it had been used to break it open - there was some pitch on the window and there is some of it on the chisel - these are the bits.

JOHN STOTTON . These are my bits; they had been attached to a harness in the stable, but had not been used for some time.

WATSON's Defence. I had been to look for work - I picked up this chisel on the road; I know nothing of the other prisoners.

MATTHEWS's Defence. I had been in the country, and went under a hed ge, where I found the bag wrapped up - I looked round and saw no one and brought it away: the other prisoners overtook me near Kentish-town.

BECK's Defence. I had been to Highgate to my brother- as I was coming along, Watson asked me a few questions; the constable then came and stopped Matthews, he then came after us and took us - I had four apples, which I intended to give to my brother's children.

WATSON - GUILTY . Aged 36.

MATTHEWS - GUILTY . Aged 20.

Transported for Seven Years .

BECK - NOT GUILTY .

Reference Number: t18280911-175

1729. THOMAS TURNER was indicted for stealing, on the 11th of July , 2 razors, value 10s. the goods of John Smith .

JOHN SMITH. I live at No. 12, Hindon-street . On the 11th of July, I employed a bricklayer to set a copper for me; the prisoner was his labourer - on the Sunday following, I missed two razors which I had used about ten minutes before the prisoner came on the 11th; they were in a case on a shelf in my kitchen, near the copper - I saw them at the office, and knew them.(Property produced and sworn to.)

CHARLES NAYLOR . I live servant at the Castle public-house. On the Friday, between twelve and one o'clock, the prisoner brought these razors to me, and asked if I would buy them; I said, "What do you want for them"- he said, 1s.; I said, if he had asked but 4d. I could not have bought them, as I had no money.

JAMES GILBERT . I am constable of Queen-square. On the 14th July I was called to take the prisoner; I searched him, but he had no razors on him - he was remanded till the 21st., but in consequence of what I had heard, I said to him, "Turner, you have these razors about you;" he said, he had not - but I found them in his boot.

Prisoner's Defence. There were other labourers there, and the door was open; I did offer the razors to Naylor, but I had bought them - I put them into my boot for fear I should lose them; I had been near the Castle in Broadway, Westminster, and a man came and asked me if I could tell him where he could sell them - he said, he wanted 1s. for them; I gave the 1s., and then I sold them again for 1s. - the person I sold them to, gave them back to me to produce at my examination.

GUILTY . Aged 23.

Transported for Seven Years .

Reference Number: t18280911-176

1730. SARAH QUITTENTON was indicted for stealing, on the 23d of August , 6 yards of ribbon, value 2s. , the goods of William Hall .

WILLIAM HALL. I am a linen draper and haberdasher ; I live in Marshal-street, Golden-square . I was in the parlour adjoining my shop, on 23d of August; my daughter gave me information - I went into the shop, and saw the prisoner looking into the drawer, and pretending to look for a pattern - she then said, she would go and tell the person it was for; I got between her and the door, and as she was going out, my daughter said, "I will thank you for that piece of ribbon" - she said, she had none; I saw her take the ribbon from her pocket, and go to put it into the drawer, but my daughter turned the paper over the drawer, and prevented her putting it in - I had not seen it in the drawer that day, but I know it to be mine by the private-mark on it.

JANE HALL . I am the prosecutor's daughter. The prisoner came on the 23d of August, and I saw her take one piece of ribbon out of the first drawer and put it into her pocket; I do not think she knew I saw her, because she was shewing me a pattern at the time my father came into the shop - I told her before him that she had taken a piece of ribbon - she said she had not; she said she had no pocket - my father went round the counter, and she took it out of her pocket, and tried to put it down, but I caught it in my hand.

BENJAMIN SCHOFIELD . I was sent for to take the prisoner; I asked her name and address - she refused to give any account of herself; I attempted to search her, but she would not allow it - I asked her to pull off her pocket - she said, she had no pocket; but she afterwards pulled out her pocket, and there was a purse with seven duplicates in it - when we got to the office, she stated she lived at Hammersmith with some gentleman, which I knew was the truth; I found the ribbon on the counter.(Property produced and sworn to.)

Prisoner's Defence. I said I wanted about two yards and a half of ribbon to match a pattern; the little girl showed me some - I said "This won't do; it is not thick

enough" - she then said she would call her father; I still had one piece in my hand, and said it was not thick enough - he knocked it out of my hand; it was not in my pocket, and never was there - he said, he dared to say I had many other ribbons about me, but I had not; the officer came, and was going to search me, when I pulled out my pocket - I never took the ribbon off the counter, I had it in my hand, when he came and made use of an oath and said he had lost ribbons, and I should pay for all; I rented a house of Mr. Hudson eighteen years, but he is dead.

WILLIAM HALL re-examined. Q. Did you knock the ribbon out of her hand? A. No, I did not; I saw her take it from her pocket.

JANE HALL re-examined. Q. Did your father say he had lost a great many ribbons, and she should pay for all? A. No, I never heard it.

GUILTY . Aged 38.

Transported for Seven Years .

Reference Number: t18280911-177

1731. JOHN PAGE was indicted for stealing, on the 9th of August , 1 coat, value 30s.; 1 hat, value 7s.; 1 waistcoat, value 10s., and 3 handkerchiefs, value 7s. , the goods of Charles Dible .

CHARLES DIBLE. I am a groom at the Bricklayer's Arms, Park-street, Grosvenor-square - the prisoner lodged there and was there before me. I missed these articles from a chair by my bed-side, on the morning of the 10th of August - the prisoner was gone out before me, and did not return all day; he is a groom, and was in servive at the time - I have seen my hat, two handkerchiefs, and some other keys which were in my coat pocket, these are them.

JAMES SELBY . I was on duty at the watch-house on the 14th, and the prisoner was brought in by the watchman- he had this hat on, and the keys and handkerchiefs in his pocket; he threw down the keys and said to the prosecutor "Take them - they are your's;" he did not say he took the hat by mistake.

Prisoner's Defence. I lodged in the same room; I got up in the morning at six o'clock, and took his hat by mistake; I left my own - there were two handkerchiefs in his hat, and some keys; I did not return that night: as for the coat and waistcoat I know nothing of them.

CHARLES DIBLE re-examined. Q. Was his hat left in the room? A. Yes; he came home tipsy the night before, and threw himself down on the other bed in the room.(Property produced and sworn to.)

GUILTY . Aged 24.

Confined Six Months .

Reference Number: t18280911-178

1732. WILLIAM MURPHY was indicted for stealing, on the 26th of July , 5 lbs. weight of ham, value 3s. , the goods of Edward Allwright .

JAMES WOOLCOTT . I am shopman to Mr. Edward Allwright, a cheesemonger , of Newport-street. On Saturday night, the 26th of July, we lost a piece of ham; a woman was standing outside the window, and she said, "A man has gone off with a piece of ham;" I went to the door, and she pointed to the prisoner, who was ten or twelve yards off - I went after him, and he had this piece of ham under his arm - it was my master's, and was missing from our window; I had put it there a little while before.

JOSEPH IVORY . I took charge of the prisoner; he did not appear to me to be drunk - he had some money, and offered to pay for it; he said he was going to shew it to his brother.

Prisoner's Defence. I was drunk.

GUILTY . Aged 30.

Confined One Month .

Reference Number: t18280911-179

1733. WILLIAM McANDREWS and WILLIAM DOVER were indicted for stealing, on the 6th of August , 7 live tame fowls, price 7s. , the property of a certain person unknown.

DAVID PHILLIPS . I am a watchman. I was in Orchard-street at five minutes before one o'clock, on the morning of the 7th of August; I saw the two prisoners coming across the street - one had four fowls, and the other three; I asked where they got them - they said they brought them from the Strand; I took them to the watch-house, and then they said they got them from a house in Vine-street, Chandos-street; the Magistrate ordered me to go to that house, and it was empty; McAndrews' father came to give a description of the fowls before the Magistrate, but he was not satisfied with his description; he described the cock, the bantam hen, and another hen nearly correct, but I believe a woman went from the prisoner to him in the morning.

CHARLE WAKE . I am a constable. Phillips brought the prisoners and fowls to the watch-house; they said they were their own, and they brought them from Vine-street, Strand, and were going to remove them to Perkins'rents; I heard the father describe the fowls very correctly- I believe the Magistrate was satisfied with the description, but he said it should stand over till Saturday, that it might be put into the Hue and Cry Gazette, to know if any person had lost them.

McANDREW's Defence. He says it was a woman came next morning - it was only a girl brought our breakfast, and she was not there a minute; my father described all the fowls.

DOVER's Defence. The Magistrate was very well satisfied with the description, but we were remanded till the Monday, and then the witness did not attend in our behalf- this prisoner came to me at half-past eleven o'clock that night, and asked me to go with him and get the fowls, and let them be in my place, as his mother was forced to move, on account of the improvements; we borrowed the watchman's lantern, and went and took out the fowls.

JOHN McANDREWS . I am the prisoner's father. I was obliged to leave my house that night; my son was at the play - he came to me at No. 2, Hungerford-market, and got my key to take away the fowls; I did not receive any description of the fowls from any one; I gave the description of them to the Magistrate - they were my son's fowls.

NOT GUILTY .

Reference Number: t18280911-180

1734. MARIA DRURY was indicted for stealing, on the 16th of August , 22 yards of ribbon, value 20s. , the goods of Richard Hodge and another.

JOHN ORCHARD . I am assistant to Richard Hodge and Henry Lowe , haberdashers , of Regent-street. The prisoner came there on the 16th of August, and asked to look at some black ribbons - another person served her; I saw her leaning over the drawer, but I did not see her take anything

- the person who had been serving her put away the drawer, and gave her the change; I looked at her, and she seemed confused; she went out of the shop - I suspected she had taken something, and followed; she had got twenty or thirty yards when I went to her, and requested her to return, which she did; I asked her to give me the ribbon - she gave me one piece, and begged me to let her go; I said I could not. I know the ribbon was my master's, and had been in the drawer which she looked at.

HENRY GODDARD . I am an officer. I received this piece of ribbon from the witness - it has the private-mark on it; I asked the prisoner how she came to take it - she said she did not take it; I began to search her, and found this other piece of ribbon in her bosom, which has no mark on it; she would not say where she lived.(Property produced and sworn to.)

GUILTY. Aged 28.

Recommended to Mercy by the Jury . - Confined 3 Months .

Reference Number: t18280911-181

SECOND DAY. FRIDAY, SEPTEMBER 12.

Second Middlesex Jury. - Before Mr. Justice Gazelee.

1736. CAROLINE ELIZABETH JONES was indicted for bigamy .

THE REV. RISTON ROBINSON BAILEY . I was curate of St. John, Wapping. I cannot recognize the prisoner, but in 1825, on the 9th of August , I performed a ceremony of marriage between William Jones of that parish, bachelor, and Caroline Elizabeth Miller, of that parish, spinster; after the ceremony had taken place it was hinted to me that she was a widow, and I have inserted it above the line in the register; I did not know the parties - they have both made marks: she was described in the bann-book as a spinster - I did not proclaim the banns.

Cross-examined by MR. LAW. Q. Was not the marriage stopped in consequence of what was said? A. It was hinted to me that she was a widow, but I think it was after I had inserted her name as a spinster; and then I inserted widow in this irregular place; I did not notice a ring on her finger, and I do not recollect that I announced that there was an irregularity in the marriage - I have looked at the Marriage Act, but I thought the marriage was not void after the ceremony; I am quite confident I did not notice that she had a ring on her finger; the sexton and clerk are the only witnesses, which is a strong presumption in my mind that no women were present.

MICHAEL HOPWOOD . I was parish-clerk of St. John, Wapping, in 1825; I signed this register - here is my name - I was present at the marriage, but did not know either of the parties.

COURT. Q. How were the banns published? A. As spinster; after the ceremony had been performed, there was some conversation brought forward, which acquainted the clergyman that she was a widow; this conversation was between William Jones and Caroline Elizabeth Miller - and after the explanation the clergyman entered the word "widow."

SARAH WILLIAMS . I am wife of Thomas Williams , of York-street, Rotherhithe. I have known the prisoner ten year; when I first knew her she was living at her father and mother's house by the name of Caroline Elizabeth Bliss; I perfectly remember her being married, but I was not at her wedding - she was married to Joseph Miller , mate of the ship Ann, of London; they lived together about four years; her husband left that ship, and went away in 1824 in the ship Sally, Captain Sinclair, which was lost at sea, and it was supposed all hands perished; I have heard the prisoner and other persons say so - I think the prisoner got her information from the ship's husband; I do not think the owner lived in London; she went into mourning for Miller; I remember her being married again on the 9th of August, 1825; I went with her and William Jones to Wapping church to be married - the ceremony was performed as far as the putting on the ring - there was a ring on her finger, which was her former husband's - and when Mr. Bailey, the minister, came to put on the ring, he said,"Take that ring off your finger;" I said, "No Sir, she is a widow;" (she had said to me in going along, "I will take this ring off;" I said, "No, keep it on;") the minister then said he could not marry them, but did not say why; Mr. Bailey, the minister, then said to the clerk, "How is this, that she has been called spinster if she is a widow?" Mr. Bailey then left the church and went away, and we went away also; we got nearly to the end of the street, when we saw the clergyman returning on the opposite side of the way - he called us back, and he performed the ceremony from where he left off; the ring was put on her finger, and she came home to her mother's house; I stayed there till eleven o'clock at night, when I left them there together; I saw the prisoner the next day, but I have no recollection of seeing Jones that day - I saw him a day or two afterwards, I cannot say how often; I saw him afterwards, it might be three or four times; I saw them together at her mother's two or three days afterwards - they appeared to me as man and wife; William Jones is still alive - he was at the hearing at the office on the 2d of August; I did not sign the book because I am no scholar, and Mr. Bailey said he should take it on himself, and the sexton and clerk signed it - we had a certificate the same day; I am sure the business about the ring took place during the ceremony.

Cross-examined. Q. Is she not a very respectable person? A. Yes; I do not recollect that the clergyman suggested that the banns should be put up again; he suggested that the sexton and clerk should sign the register - I believe the man and woman could neither of them write, they both put their mark - I knew of Jones living apart from her soon after the ceremony, but I did not know of her going by the name of Miller; John Hogg was her last husband, and he is here, and I did not know him.

COURT to MICHAEL HOPWOOD . Q. Have you heard the account given by this witness? A. Yes; but it does not bring to my recollection their leaving the church; I know there has been such a circumstance as the clergyman quitting the altar, but I cannot say that that was the case in this wedding - I cannot recollect it, but I cannot say it did not happen; I have known a party to be sent away, and then brought back and the marriage completed.

COURT to THE REV. MR. BAILEY. Q. You have heard what the last witness has said? A. Yes; I have taken particular pains to recollect, and it does not occur to me that the parties left the church - I will not swear they did not; I recollect that I was convinced she did not describe

herself a spinster intentionally; I do not recollect any woman being there at all.

BOYD SILVESTER . I am an officer of the Thames Police. I apprehended the prisoner at her mother's house in St. Mary, Rotherhithe, on the 28th of July, I think it was; I told her she was charged with marrying two husbands; she said she had only one; I said nothing to induce her to confess; she said her first husband was Miller, but he was dead, she said that about four years ago he went on board the Sally, Captain Sinclair, and that all hands were lost; she said she could prove that she had got some money for her child; when she got to the office, I asked if she knew anything about Jones - she said she did, but no one could say she had married him, but one woman, and that woman I might find if I could; when she saw the witness before the Magistrate, she said she was married, but Jones went one way and she went the other - this was at the examination; I showed her the copy of the register at the office; I do not know whether what she said was taken down.

Cross-examined. Q. When did Hogg apply to you about this? A. I think on the 27th; I got a warrant at his desire on the Saturday night, and executed it on the Monday.

ELIZABETH BLISS . I am the wife of the prisoner's brother - I was present at her marriage to John Hogg