Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 23 August 2014), January 1765 (17650116).

Old Bailey Proceedings, 16th January 1765.

THE WHOLE PROCEEDINGS ON THE King's Commission of the Peace, Oyer and Terminer, and Gaol-Delivery FOR THE CITY of LONDON; And also the Gaol-Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 16th, Thursday the 17th, Friday the 18th, and Saturday the 19th of JANUARY.

In the Fifth Year of His MAJESTY's Reign. Being the Second SESSION in the MAYORALTY of The Right Honble Sir William Stephenson , Knt. LORD-MAYOR of the CITY of LONDON.

NUMBER II. PART II. for the YEAR 1765.

LONDON:

Sold by W. NICOLL, in St. Paul's Church-yard.

[Price SIX-PENCE.]

THE PROCEEDINGS ON THE

King's Commission of the Peace, Oyer and Terminer, and Gaol-Delivery, held for the City of LONDON, &c.

92. (M.) James West and John Hussey were indicted for stealing one duffil cloak, value 4 s. the property of William Juckson , November 2 . *

William Juckson . On the first of November, in the evening, I had two cloaks, and eleven yards of sattin, stole out of my shop, in the Cloysters , West-Smithfield . I advertised them that same night; and Mr. Lane, a pawnbroker, in Purple-Lane, stopt the cloak next morning, and brought it to me, (produced in court): I cannot swear to it; but here is an evidence that can.

John Lane. On the second of November, about eleven in the morning, Mary Davis brought this cloak to me to pawn; I having read the advertisement, stopt it: I knew her before.

Mary Davis . The two prisoners desired me to go and pawn this cloak, and said they had found it: I went to Mr. Lane's, to pawn it, and he stopt it.

Elizabeth Waklin . (She looks at the cloak) This is the property of Mr. Juckson: I had laid it in the window, where it had lain several days, before it was taken away.

West's Defence.

I was coming along with this yong man, (meaning Hussey) and I picked up this cardinal, in a handkerchief; we asked this young woman if she would sell it: she said she would pawn it, but could not sell it.

Hussey's Defence.

I had been of an errand for my father, and coming down Holbourn, saw this lie against a post; so we took it up, and got her to go and pawn it.

Both Guilty . T .

93. (L.) Richard Deale was indicted for stealing a black gelding, value 10 l. 10 s. the property of John Allwin , January 11 . ++

John Allwin . I live at Bexley, in Kent ; last Thursday night I lost a black gelding, from off the common : the horse was fettered to a little mare: the lock was upon the mare and the fetter on the horse: she came home on the Friday morning, with the fetter to her leg. She being used to the horse, I doubt not but she would have followed him, had she not been incumbered: we could track the horse down a lane: I took my horse, and, with Mr. Austin, came to London; I enquired at New-Cross turnpike; we found the horse had been brought through there: I came to Smithfield about twelve o'clock, and about three I saw the prisoner upon my horse. I went to him, and asked him if that horse was to be sold? he said, yes. I took hold of the bridle, and led him into the George-yard; I asked the price; he told me eight guineas, or eight pounds; Mr. Austin said to him, Get down, friend: I took him by the sleeve, brought him into the inn, and sent for a constable: I said it was my horse, and asked him, how he could do so? he said he had not stole him, but bought him in the Borough, that morning.

Q. Did you know the prisoner before?

Allwin I do not know that he is known in my country: I think he came to my house, and asked for thrashing, about two months ago, but I am not certain.

Q. When had you seen the horse last?

Allwin. I saw him on the Thursday afternoon, about four o'clock.

Q. Describe him.

Allwin. A black gelding, with a bald face, three white feet, a swelling on the withers, and a little saddle-spot on the off-side: I bred him from a foal.

Q. How far is Bexley-Common from London?

Allwin. It is eleven miles from London.

John Austin . Mr. Allwin came to me the morning the gelding was missing, and desired I would go with him to London: we came to Smithfield together; we saw the prisoner on his gelding; he asked the price of him; the prisoner said eight guineas. When we asked him how he came by the gelding, he said he had swapped a little poney for him, in the Borough, that morning: we asked him at what house; he said it was in the street: we asked him where he lived; he said somewhere in Essex, and that he had lived at Queenhithe; and at this time, he said, he lived in London, sometimes in one place and sometimes in another: I knew the horse, from the foal.

Prisoner's Defence.

I came out of the country a little time before, and put my horse up in the Borough: I seeing a man with this horse, and another man talking to him about the horse, I said I would swap with him; his horse and mine were both put up at the George there, near St. Margaret's-hill; I observed, by his tail being tied up, that he was to be sold; I changed mine for the gelding: I had lain at the Saracen's-head, on Snow-hill, the night before, and my horse was there also. The man that I changed with told me he lived at Epsom: I brought him to Smithfield, intending to sell him in the afternoon, and this gentleman told me it was his horse.

Q. Have you any witnesses to this?

Prisoner. No.

Q. Would you have the ostler at the Saracen's-head sent for?

Prisoner. If the Court pleases; his name is John: I do not know his other name. (He is sent for.)

John Tison . I am ostler at the Saracen's-head, on Snow-hill.

Q. Look at the prisoner at the bar: do you know him?

Tison. I know him by sight; he had a horse three or four nights at our house.

Q. When?

Tison. About ten days ago: I cannot say justly the day.

Q. What sort of a horse was it?

Tison. A sort of a black gelding; a star in his face; between a black and a brown.

Q. How high?

Tison. I believe about fourteen hands high; it may be more.

Q. Do you call that a poney?

Tison. No; that is above the size of a poney.

Q. When was the last day he was at your house?

Tison. I cannot rightly recollect the day; but I am sure it was above a week ago.

Q. What do you think of last Thursday?

Tison. I am sure it was before last Thursday: I did not know he was taken up, 'till this moment I was sent for.

Guilty . Death . Recommended.

94. (M.) Jane West , spinster , was indicted for stealing a gold ring, value 3 s. the property of Christopher Swain , November 9 . *

Ann Swain . My husband is named Christopher, he and I had a few words about two months ago, and I went to a neighbour's house, name Mrs. White; the prisoner lodged there: I staid all night: she persuaded me to come to bed to her, rather than sit up in a chair all night; so I went to bed to her: I had my ring on my finger when I went to bed, and in the morning it was gone: the prisoner was taken up, and before Justice Welch she owned she had taken it, and pawned it to Mr. Humphreys; it was sent for to the justice's.

Mr. Humphreys. The prisoner at the bar brought this ring to me on the 9th of November, to pawn; she said it was her own ring: I lent her three shillings upon it, (produced in court, and deposed to.)

Prisoner's Defence.

I picked up the ring on the stair-head: the prosecutrix came in very drunk, and went out again for a dram; and when she came back she had lost her cloak from off her shoulders.

Prosecutrix. She took the ring from my finger.

Court. You did not say so at first.

Prosecutrix. She took it when I was asleep.

Prisoner to Humphreys. Pray what is my character?

Humphreys. I have known the prisoner seven or eight years: I never knew but that she was a very honest woman.

Acquitted .

95. (M.) Alexander Connell was indicted for stealing a cloth coat, value 5 s. and a waistcoat, value 2 s. the property of Alexander Forrester , Esq ; a hat, value 1 s. a pocket-book, value 2 d. and a pair of gloves, value 6 d. the property of Robert Gardner , December 27 . *

Robert Gardner . I am coachman to Mr. Forrester; we have our stable at the Bull-and-Gate , Holbourn : the things missing were in the stable I went out on the 27th of December, about five o'clock, and left all there safe; when I came back, about eight o'clock, I miss'd them: the coat and waistcoat were advertised by Mr. Wadley, in Monmouth-street, where we found them.

John Wadley . On the 27th of December, in the evening, the prisoner came to my shop; and asked me if I would buy a coat and waistcoat: I seeing they were livery cloaths, asked him if he had a right to sell them; he said he had: that his brother was a livery servant to one Mr. Fleetwood, on Ludgate-hill, and he came from him. I agreed to give him 5 s. and a pair of red shag breeches; but said he must bring me some body of credit, to prove what he had said, or I would go with him to his brother; he then began to hesitate, and wanted to have the things again: I could not leave my shop, but sent my brother with him, who returned, and gave me room to suspect they were stole. I then advertised the coat and waistcoat, and Mr. Forrester's servant came and owned them, (produced and deposed to.)

Prisoner's Defence.

I met a man in Queen-street, who had those cloaths on his arm; he desired me to go and sell them for him, and when I was stopt he ran away.

Guilty . T .

96. (M.) John Wallis was indicted for stealing a pair of worsted stockings, value 1 s. and twenty-four yards of stuff-gartering, value 2 s. the property of William Knight , January 11 . +

William Knight . I am a carpenter , and live in Shadwell ; my wife keeps a shop: coming home the 11th of this instant, I observed a man looking in at my window; we had before lost some handkerchiefs: I passed by the door, and stood in a convenient place, to observe him; there came another fellow to him; they both stood looking in at the door: as soon as I saw the prisoner take the things, mentioned in the indictment, I ran over and seized him; the stockings he had in his hand; he dropt the two pieces of gartering: I got assistance, and secured him; the other man ran away.

Prisoner's Defence.

I was going to Blackwall, to see if I could get on board an East-Indiaman; I was but just come home; there was a man there that ran away; I never meddled with any thing.

Guilty . T .

97. (M.) Moses Lawton was indicted for stealing a cloth coat, value 22 s. the property of James Murray , December 25 . ||

James Murray . I live at Islington. I lost a coat on Christmas-day at night, and found it again at Mr. Crow's, in Rosemary lane. I found it by the prisoner's confession before Justice Palmer.

Wilkinson Barnwell. I am a constable I had the prisoner in charge: he owned he came from Petticoat-lane, about eleven o'clock at night, and took this coat out of the stable, at Islington, and went and sold it to Mr. Crow, where it was found.

John Crow . I bought this coat of the prisoner at the bar, on the 26th of December. (Produced and deposed to).

The prisoner said nothing in his defence.

Guilty . T .

98. (M.) John Morris was indicted for stealing four stuff curtains, value 3 s. and one cosoy seat to a chair, value 1 s. the property of Gerrard Bourn , and Joseph Dunnavan , December 13 . ||

Jerrard Bourn. I and Joseph Dunnavan are chairmen , and partners. On the 14th of December, we missed the things mentioned in the indictment, out-of our chair.

Henry Flood . The prisoner came into a cook's shop, in Gray's inn-lane, with the curtains and seat; I thought he was no chairman, and stopped him, and soon found they belonged to the prosecutors. (Produced and deposed to).

Prisoner's Defence.

A man gave me six-pence to carry the things to Field-lane.

Guilty . T .

99. (M.) Daniel Williams was indicted for stealing eight yards of sattin ribbon, value 2 s. and a silk and cotton handkerchief, value 2 s. and a linen cap , the property of Hannah Hall , spinster , January 14 . ++

Hannah Waites . My name was Hall: I married the day after I lost the things; I keep a cloaths shop in Field-lane ; the things mentioned in the indictment were hanging on a line, on the inside of the window; the window was not glaz'd; two of the shutters were up, and two down; I was stooping down behind the counter, and heard the line break: I looked, and missed the things; I went to the door, and saw the prisoner looking at the cap, by the light of a candle at my neighbour's window: I went to him, and asked him what he had there? he said, it was only a piece of paper: I asked him after the other things; he put his hand behind him; I called assistance, and found the ribbon under his coat, behind him: he dropped the cap on the ground, and it was taken up; (produced and deposed to). I never found the handkerchief: they all went together.

Prisoner's Defence.

I was going to my brother's house, and saw something white; I took it up, and after that, something glittered: I took that up, which was this cap and ribbon. I was about twenty minutes examining them. and she came and asked me for them; I said, if they were her property, she was welcome to them.

Prosecutrix. I went out to him, as soon as I heard the line break.

Guilty . B .

100. (M.) Isaac Stoddard , otherwise Studderd , was indicted for stealing one linen shirt, value 4 s. one pair of leather shoes, value 4 s. one pair of silver shoe-buckles, value 10 s. one pair of iron buckles plated with silver, and two silk handkerchiefs , the property of John Miller , December 29 . ||.

John Miller, The prisoner came to ask me for a night's lodging, last Christmas-day at night; he is of my trade, a chimney-sweeper . He told me his master turned him out of doors; he lay there that night: after that, I missed the things mentioned. I found my handkerchief and a pair of shoes at his mother's: his mother told me he brought them there. I know no more.

Acquitted .

101. (M.) Amelia Green , spinster , was indicted for stealing six china cups, value 3 s. six china saucers, value 2 s. a china punch-bowl, a linen shirt, two ells of linen, and five pound weight of feathers , the property of Guy Winnick , November 21 . +

Anne Winnick . My husband's name is Guy Winnick ; we live in Sun Tavern fields . The prisoner was my servant three weeks; I missed the things mentioned in the indictment; I did not see her take there we took her before Justice Berry; there she owned she had taken them, and where she had sold the china, and feathers which she took out of my bed. I found the shirt by her directions.

(Produced and deposed to).

The prisoner said nothing in her defence.

Guilty, 10 d. W .

102. (M.) James Lock was indicted, for that he, on the third of January , about two in the night, on the same day, the dwelling-house of Pearce Money did break and enter, and stealing one hat, value 10 s. two stone jars, value 1 s. one quart of gin, value 1 s. and one quart of rum, value 1 s. the property of the said Pearce, in his dwelling-house . +

Pearce Money . I live in the parish of Aldgate : my house was broke open last Thursday was a week; there was a pane of glass taken out, and the window opened. I saw the house safe when I went to bed, a little after twelve o'clock: the things mentioned in the indictment were missing, but I know not who took them.

Q. Why do you charge the prisoner?

Money. Because he worked in the brewhouse hard by, and the jars were found in the pales.

Q. Do you know who put them there?

Money. No, I do not.

Q. Did the prisoner confess any thing?

Money. No.

Acquitted .

103. (M.) John Ward was indicted (together with Francis Atoway , not taken) for that they, on the King's highway, on Edward Williams did make an assault, putting him in corporal fear and danger of his life, and violently taking from his person one metal watch, value 40 s. and one hat, value 5 s. the property of the said Edward, January 10 . ||

Edward Williams . I am a master perriwig-maker , and live near Fenchurch-street On Thursday, the 10th of January instant, I had been to a relation's: returning home, I went in at the White Hart, a public-house, the corner of Bunhill-row, about 11 at night, and called for a pint of beer; there was the prisoner and Atoway in company, with some other persons singing: after some time, the prisoner called for a pewter dish, to shew a knack of trundling it on the table, which induced me to stay. I staid there till almost one o'clock: when I was coming away, I said I was going into the city; the prisoner and the other offered their service to go along with me: one said, he lived in the city, by Fenchurch street; and the other said he lived in Filpot-lane, and had an uncle there: we walked down Bunhill-row, talking about this knack of the pewter dish, and other things, till we came to Chiswell-street: when we came to the end which opens into Moorfields , I would have turned and gone by the houses, to Moorgate, but they persuaded me to go over the fields, saying, I should be very safe. We walked talking in the fields, till we came about the middle of the walk; when, all on a sudden, with a most violent motion, I was knocked down, and one of them lay upon me, while the other drew my watch (a metal watch) out of my pocket, and my hat from my head: I can't pretend to say which lay on me, or which took my watch and hat; but I am sure no creature was near me, but them two.

Q. Did you know the prisoner before?

Williams. I never saw him before that night, to my knowledge. I went the next morning to that alehouse, but the landlord was not up; so I went away, and came there again, about twelve o'clock. I enquired of the landlord, if he knew them two men that went out with me last night; he told me he had seen them but a few times in his house, but he said he knew a man that knew them very well, and directed me to him. By that man, I found the prisoner lived by Old-street-square, and the other likewise: I went and found the prisoner at the sign of the Angler, just by Old-street-square: I got a constable, and charged him with the prisoner; I sent for a coach to the house, in order to carry him to New Prison, for the constable's security, till I could be heard before a magistrate. On taking him out of the coach, he made his escape: upon this, I went to Sir John Fielding , and gave information of him, and took a warrant out: I heard no more of him, till Sunday, after church time: then we had word sent he was on Puddle-dock-hill: the constable took a man with him, as the prisoner was reputed to be a bruiser: there they seized him, and the constable sent for a cord, and tied him, and brought him to Newgate, till the next day: he was taken before Sir Robert Kite , on the Monday, at Guildhall.

Q. Did you ever find your watch or hat again?

Williams. No, I never did.

Q. from prisoner. Whether I was the identical person that knocked you down, or took any thing from you?

Williams. At the time I was knocked down, there were no other person near me, but the prisoner and his companion; and I have learned since, his name is Francis Atoway .

Prisoner's Defence.

I came out of this alehouse, about 11 o'clock at night; a young man was with me; he said he was going as far as Filpot-lane: we went together, and said we would have a tankard of beer in going along; we went to see this gentleman home; we said, you may as well go cross the fields, there is no danger: we went on; there came two men, one ran up to me, and said, d - n your eyes, where are you going? and hit me in the face as hard as he could; I turned round, and made the best of my way towards Chiswell street, and never saw any thing that was acted in any case: I know nothing what became of the other young man.

Q. to prosecutor. Did you see or hear any other person speak besides the prisoner and his companion?

Prosecutor. No, there was no other creature near us: I was suddenly knocked down. I said, what are you about? and called out murder; they held my mouth, and I was beat very much.

For the Prisoner.

Thomas Walsham . I live in Old-street, and am a coach-harness-maker: I believe I have known the prisoner two years since he came from sea.

Q. What is he?

Walsham. He is a gause-weaver; he lived in our neighbourhood, and worked to maintain his family.

Q. How has he lived this last twelvemonth?

Walsham. I do not know; he used the same public-house I did.

Q. What is his general character?

Walsham. I never heard a bad character of him before this time.

Q. Has he a good character?

Walsingham. As far as I know, he has.

Q. Has he a good or a bad one?

Walsingham. He never robbed me; and I never heard of his robbing any body else, before this time.

Guilty . Death .

104. (M.) John Sullivan was indicted for stealing one guinea, and two half guineas, the property of John Charles Theircher , in the dwelling-house of the said John , December 26 , ++

Elizabeth Theircher . I am wife to John Charles Theircher ; we live in David (Dove) street, Berkley-square , and keep a perfumer's shop . I having no customer in the shop, went backwards into the parlour, and left nobody in the shop: soon after that, I heard the till make a noise; I went into the shop, and saw the prisoner coming from behind the counter.

Q. Had you shut the shop door when you went into the parlour?

Theircher. It was shut: the prisoner was just turning round the counter as I came in, from towards the till, which is behind the counter, I went behind the counter, and found the till drawer pulled quite open. I looked, and saw I had lost two half guineas and a guinea; I went to the street door, and desired a neighbour to follow the boy, saying he had robbed my till.

Q. Are you sure the prisoner is the person you saw in your shop?

Theircher. I am very sure he is: he had a blue coat on, and a handkerchief about his neck; he was taken immediately, and brought back to my shop. I charged him with robbing me: he said he had never robbed any body. I said he had robbed me: he had half a guinea in his mouth, another half guinea in one pocket, and a guinea in another pocket.

Q. Did you promise to let him go, if he would give up the money?

Theircher. No, I did not.

Q. When had you seen the money before?

Theircher. I had seen it but a very few minutes before in the till.

Q. Is your shop a part of your dwelling-house?

Theircher. It is.

Micah Collins . As I was coming home, opposite to the prosecutor's house, I went over; there was the prisoner; they said he had robbed Mrs. Theircher of two guineas. He said, if she would forgive him, he would give her the money. One there, put his finger in his mouth, and took out half a guinea: she said, there is half a guinea more: he put his hand in his pocket, and took that out: she said he had a guinea likewise; that also he took out of his pocket: we took the prisoner in a coach to the justice; there were two young fellows followed the coach all the way, which I suspected belonged to the prisoner: when before the justice, he said, if he would admit him an evidence, he would impeach his gang: he owned there he took the money out of the till; he said the men who followed the coach, one was named Dragon, and the other Downs, and they were of the gang; but they had taken care to get away.

Thomas Hodges . I was coming down the street, and heard the people cry out, Stop thief; the prisoner was running, and I took hold of him.

Q. How near was he to the prosecutor's house?

Hodges. About as near as the length of this court-yard. I took him into the prosecutor's house, and found the guinea and two half guineas upon him.

Prisoner's Defence.

I was paid that money by a gentleman, that I had been at sea with. I never was guilty of any fact before.

Guilty . Death .

Recommended on account of his youth.

105. (L.) Mary Felton , widow , was indicted for stealing four linen sheets, value 4 s. a damask table-cloth, a stuff gown, a linen gown, a dimity petticoat, five linen aprons, a pair of leather shoes, a baise petticoat, a white petticoat, a sattin cardinal, a pair of shift sleeves, a hat, two laced caps, and two plain caps , the property of John Newman , December 18 . ++

Margaret Newman . I am wife to John Newman ; we live at the Bluecoat-boy , a public-house in Duck-lane ; the prisoner used my house: I had been very ill, and, upon my coming down stairs, I missed the things mentioned in the indictment; this was on the 18th of December: some I missed from out of my own room, and some from other rooms: my own daughter, a little girl, was missing also; I advertised her.

Q. How old is your daughter?

Newman. She is thirteen years of age. Upon advertising her, I found her and the prisoner, on the 28th; I went before the sitting alderman, but my child was brought home the night before. The prisoner had an apron, a handkerchief, a hat, and cap on, all my property; she said the girl was as willing as she to go away with her.

Q. Did she say which way she came by the things?

Newman. She confessed she went into the girl's room, and the girl threw the things to her, all but one pair of sheets, which she took herself from a line in the garret; she let me know where most of the things were; some in Gravel-lane, at Mrs. Fosset's; some at Mr. Clark's, in George-yard, Spital-fields; some at Mr. George Slee 's, Cox's-square; and some at Mr. Brown's, in Coleman-street: I went and got very near all my goods again, according to the directions she gave me.

George Slee . I am a pawnbroker, and live in Cox's-square. He produced an apron, four caps, and a pair of shift sleeves, which the prisoner pledged with him, on the 17th and 18th of December.

John Scott . I live at the corner of Gravel-lane, Houndsditch. He produced two sheets and a tablecloth, which the prisoner pledged with him on the 18th of December.

Charles Clark . I live in George-yard, Whitechapel. He produced two aprons, two petticoats, and a pair of shoes, pledged at different times, in the name of Mary Gray : he could not recollect the prisoner.

Newman. The prisoner owned to me, that she pledged these things at this man's house.

Sarah Fosset . I live at the Box-tree, in Gravel-lane, a public-house; the prisoner brought a pair of sheets and, a sattin cardinal to my house, about three weeks or a month ago, and said she had a few things to part with, and if they would be worth my while to buy them, it would serve her; as her husband had been some time out of work: I gave her twenty shillings for the sattin cardinal, and bought a pair of sheets of her also. (Produced in court).

Joseph Butler . I found all these goods, produced here, at the several places mentioned.

Newman. These are all my property.

Prisoner's Defence.

The girl told me she had been guilty of a mistake, by robbing her mother; her father-in-law having used her very ill: I came to the back door, and she wanted me to go up stairs, to break open a box for some money, which she said was her property, but I would not: then she said her grandmother had left her some things; she took me into her own room, and said they were her own things, and delivered them to me.

For the Prisoner.

Thomas Willson . I am a wine-cooper, in Thames-street: I served my time with the prisoner's father; she was a very sober girl when I left my master: she was brought up very well.

Q. How long is it since you left her father's service?

Willson. That is about eight or nine years ago.

Martha Allen . I knew her about ten or twelve years ago; my husband was servant to her father: I have heard him say she was a very virtuous girl then: I have not known her lately.

Guilty . T .

There was another indictment against her for robbing her lodgings.

106. (L.) John Foster was indicted for stealing one woollen cloth coat, value 20 s. and one woollen cloth waistcoat, value 5 s. the property of John Miln , January 9 . ++

John Miln . I live in Little Moor-fields , with Mr. Pearce, who keeps a livery-stable; I catched the prisoner putting my coat and waistcoat into a bag, this day se'nnight, a little after twelve at noon, in a little house that we make use of, for a fort of a counting-house: I held him till assistance came; he said he came in there, to get out of the sight of a man he owed some money to. I had left my cloaths in that room, hanging. up, and he had got them partly into the bag, when I laid hold of him.

William Long . I was along with John Miln , in the counting house, and saw the cloaths and bag in the prisoner's hand.

Prisoner's Defence.

I know no more of the cloaths or b ag, than the man in the moon. I owed a man 23 l. 9 s. he had a writ against me; his name is John Symonds , and lives at the Chequers, in the Borough: I saw him, so I shut the door, and got out of his way: I had not been there above five minutes, before they came and chastised me with this affair.

Q. to Prosecutor. How near is this little room to the outward gate?

Prosecutor. It is about twenty yards from it.

Guilty . T .

107. (L.) Samuel Harford was indicted for stealing a saddle, value 4 s. the property of William Baker , January 7 . ++

Jeremiah Worlings . I keep the Bear and Raged-staff inn, in Smithfield ; last Monday was seven-night William Baker told me his saddle was stole from off his horse, in my stable; I asked my ostler after it; he said he miss'd it about three o'clock: on the Wednesday following Henry Wilkinson brought a saddle to our house, and enquired whether that was stole from us; and John Frost , my ostler, knew it to be the property of Mr. Baker.

Henry Wilkinson . I bought this saddle and another, of the prisoner at the bar, last Monday was se'nnight at night: I found the other was taken from the King's head, in Smithfield.

Q. Where do you live?

Wilkinson. I am ostler at the Horse-shoe, in Goswell-street, (the saddle produced in court.)

Q. What did you give for the saddle?

Wilkinson. I gave eleven shillings for this and the other.

John Frost . I am ostler at the Bear and Ragged-staff, in Smithfield: I can swear this saddle and saddle-cloth, here produced, belong to Mr. William Baker .

Prisoner's Defence.

Real necessity drove me to this: I took and sold it this man; he came afterwards, and told me I did not come honestly by it, and if I would give him his money again he would not hurt a hair of my head: I sent my wife, and she sold some things, and gave him a crown: he said he would not put it up without I gave him the whole money; then my wife went and sold her cardinal; then I brought him ten shillings in all, he took it, and said he would not hurt me.

Q. to Wilkinson. What do you say to that?

Wilkinson. When I carried the saddle home, they insisted on my finding the man I bought it of, or they would prosecute me: then I shewed them where the man lived.

Q. Had you any money back again, from the prisoner?

Wilkinson. I had ten shillings back this day se'nnight, at night; then I bid him go home, and set a man to watch him, which way he went; I told him the first had been owned: the prisoner told me who this belonged to, and I carried it home.

Q. Has the prisoner a family?

Wilkinson. He has a wife: I do not know what family he has.

Acquitted .

108. (L.) Robert Griffin was indicted for stealing fifteen pounds weight of salmon, value 5 s. the property of Mary Grinoway , widow , December 18 . ++

Mary Grinoway . I live in Thames-street , and keep a fish-shop ; the salmon was my property; who stole it I know not.

Ann Manlove . I am servant to the prosecutrix: On the 18th of December I was in the kitchen, about ten or eleven at night: a piece of fresh salmon lay upon a board: I saw the glimpse of somebody, and ran out into the shop, and saw the salmon was gone: I ran out into the street, with a candle in my hand, and saw the salmon in the prisoner's hand; he was in Water-lane, about twenty yards from our shop: I called, Stop thief; he dropt the salmon and ran away: I followed him, and saw Mr. Cheshire take him. The salmon weighed about fifteen pounds and a half; it was the head part, we had the tail in the house.

Q. Are you sure the salmon was in the shop when you went into the kitchen?

A. Manlove. I am sure it was; and I was not in the kitchen above three minutes.

Charles Cheshire . I keep the Seven-Stars, Water-lane, Tower-street: about half an hour after ten o'clock that night I heard the cry Stop thief, just opposite the Hamborough Coffee-house: I saw the prisoner opposite to me, and no other person did I see in the lane but him; I stopped him; the last witness was just at his heels; she said he had stole her mistress's salmon: he said he was not the man.

Prisoner's Defence.

I was coming from work, and had no thoughts of the salmon; the young woman came out with a candle; I was on the other side the way; there were three young fellows, that had been drinking with me; they ran up Thames-street: I had a pair of mittens on my hands; when I was taken to the watch-house, they were pulled off, and the people smelt at my hands; they all said they did not smell of salmon.

Q. to A. Manlove. Did you smell at the prisoner's hands?

A. Manlove. I did; they did not smell of salmon; but I saw him drop the salmon, and I picked it up, and carried it back afterwards; he had it in his left hand.

Q. Was the prisoner out of your sight 'till taken?

A. Manlove. He was not; he was walking; and when he let the salmon fall, 'then he ran.

Q. Was there any turning?

A. Manlove. There was not, 'till he got to the top of the lane.

Acquitted .

109. (L.) Matthew James was indicted for feloniously forging a bill of exchange, puporting to bear date at Hull, September 15, 1764, and to have been drawn by Robert Thorley , Christopher Thorley , and William King , merchants and partners; directed to Messrs. Rumbolt and Walker, merchants, in Liverpool, for the payment of 40 l. 12 s. to the order of James Holmes ; and for publishing the same, knowing it to have been falsely forged and counterfeited, with intent to defraud William Taylor , and also to defraud Messrs. Thorleys and King , October 17 . *

William Taylor . I come from Nottingham, and keep a manufacturing ware-house at the Swan and Two-necks, Land-lane : my servant and I have been there ever since the beginning of September: I was at an ordinary there, and the prisoner was there, and dined with us; he then went by the name of James Holmes : after the ordinary was over, some gentlemen desired I would stay and drink a glass of wine; I said, I could not stay; I had promised to lend a gentleman some money, and must go and collect some for him: I did stay, as it rained hard. After a bottle of wine or two, I went into my warehouse; after which I went out to wash my hands, where was the prisoner washing his hands; he said, Mr. Taylor, you was talking you wanted some money; I can let you have a 40 l. draught, as soon as the Dover coach comes in; I said I did not know but that might do: I staid the time; when the Dover coach came in, he opened his trunk, and took out a draught.

Q. Where does the Dover coach inn?

Taylor. It inns at the Swan and Two-necks: he gave me this draught; I found it was not indorsed: I desired him to walk into my warehouse; he did: I desired him to indorse it, he put it on my desk and indorsed it; both I and my man saw him.

Q. What is your man's name?

Taylor. His name is William Northage : upon examining it, I found it was drawn from Hull, by Messrs. Thorleys and King, to Rumbolt and Walker, of Liverpool. I then said, I did not know whether it would do, not being upon London; upon which he said, I shall want some of your goods.

Q. What way are you in?

Taylor. I am in the stocking way: I said then I would take it: there were Sir Wynn Stanley and Mr. Golitteley, both from Liverpool, in the room; I shewed it them; they said it was a good bill: I asked Sir Wynn Stanley if he could give me cash for it; he said, it was not convenient for him, for they lodged all their money at bankers in town, whom they drew upon when it became due; after that, I asked Mr. John Hanford , the landlord of the inn, if he could give me cash for it, he having connections at Liverpool; he said, he would send it for acceptance at Liverpool, and then give me the cash; I concluded so to do. A little after that the prisoner and I went into the coffee-room, to drink a little rum and water together; I then said to him, suppose this is not accepted at Liverpool: he said it was a good bill, and would be accepted; upon which, I imagined it would, and proposed giving it to Mr. Hanford, as before. Then Mr. Wright came into the room, an utter stranger to me: I was told he came from Hull; I asked him if he was brother to the Wrights of Nottingham; he said he was; they are gentlemen I well know. The prisoner went out of the coffee-room; he clap'd his hand on his head, and appeared to be sick, and said he would go and take the fresh air: I went to Mr. Wright, and asked him how he did; upon his saying he knew the prisoner not to be so good as he should be; saying, he had forged several bills; upon which I shewed him this bill: he looked on it, and told me it was a forged bill; then I did not think proper to send it to Liverpool: since that I gave it to Mr. Wright, to present to the drawers.

Q. When was that?

Taylor. I cannot say the day; it was about a month after that time: Mr. Wright delivered it to me again, with their answer: he is here to give an account. The bill read to this purport:

"Hull, September 15, 1764, at six weeks,

"pay this first bill of exchange, to the order

"of James Holmes , the sum of 40 l. 12 s.

"value received, in freight; which place to

"account of,

"Yours, Thorsleys and King.

"To Messrs. Rumbolt and Walker, merchants in Liverpool."

No. 538.

William Northage . I saw the prisoner indorse this bill of exchange, (holding it in his hand.)

Q. What are you?

Northage. I am servant to Mr. Taylor: he indorsed it at the Swan and Two-necks, in Lad-lane, on the 17th of October: he first wrote James, then he turned it over, and looked at it, and then wrote Holmes, and then gave it to my master.

Samuel Wright . I live at Hull, and am acquainted with Robert Thorley , Christopher Thorley , and William King ; they are merchants and partners.

Q. Do you know all their hand-writings?

Wright. I do, particularly well.

Q. Have you seen them all write?

Wright. I have.

Q. Do they keep any clerk?

Wright. No, they do not.

Q. Look at this bill of exchange, (he takes it in his hand,) whose hand-writing is the body of it?

Wright. This is neither of their hand-writing.

Q. Look at the names Thorleys and King.

Wright. I am very well satisfied these names are not their hand-writing: they have not been long in partnership.

Q. Was you present when the prisoner was apprehended?

Wright. I was: I think it was the 17th of October last: he was searched; he had, at least, upon him one hundred and fifty of these checks *, (producing eight or ten of them) and two bills ready filled up, in his pocket-book: I seeing him at the Swan and Two-necks, in Lad-lane, gave Mr. Taylor to understand he was a bad man, so he was taken up.

* Note, A check is the end of a draught, marbled or flourished, so as totally with the book it is cut out of.

Prisoner's Defence.

I never offered that bill to him: I never had or saw the bill: if Messrs. Thorleys and King were here, I do not think they would swear that is not their hand-writing: but I know nothing of it.

Guilty . Death .

See him tried, No. 3. in the last Sessions-Paper.

110, 111. (M.) Thomas Hockley was indicted for stealing (in company with Thomas Ridstone , not taken) thirteen deal boards, value 26 s. the property of Charles Dingley , Esq ; and William Jeffrey for receiving the same, well knowing them to have been stolen , December 14 . +

Joseph Osboldiston . I am foreman to Charles Dingley , Esq; he lives in Lothbury: I am at Limehouse , where the deals were taken from.

Q. What is Mr. Dingley?

Osboldeston. He is a merchant ; the deals were brought in the barges, and delivered into my care: I was very particular in marking them: I chalked them all a-cross the boards: there were three barges of them; there were thirteen deal boards missing.

Q. What was the value of them?

Osboldeston. They were worth 28 s. as we sell them out of the yard.

Q. Do you know who took them?

Osboldeston. I was upon some timber, and saw two men, Hockley was one of them, bring them from the barge, in a boat; but I could not pursue: we took Hockley up, and he confess'd he had sold them to Jeffrey: I went and found them in Jeffrey's yard, with my chalk-marks upon them; I told Jeffrey they were Mr. Dingley's property, and took him before Justice Berry: he said he bought them for fifteen shillings and a pot of hot, of Thomas Hockley and Thomas Ridstone .

William Boswell . I heard Hockley confess, before Justice Berry, that he took the deals from the lighter, and carried them to Jeffrey the sawyer, and sold them for fifteen shillings.

Q. Where did he say the lighter lay?

Boswell. He said it lay just by Limehouse-bridge.

John Matthews . My master and I were making the timber fast: I saw Hockley and Ridstone come from the lighter: I took hold of their boat, and held up my candle and lanthorn; and I knew them very well: they carried away twelve or thirteen deals.

Hockley's Defence.

I was standing at my master's door; the man came and said, Tom, I want you; I'll give you something to drink, if you will lend me a hand with the boat; he said, he had bought some deals: the tide ran very strong: when we came to Lime-house-bridge, he said he would go and see if Mr. Jeffrey would get them sawed; when we were there we had a pot or two of slip: after that he asked Mr. Jeffrey to buy them, and he sold them to him for half a guinea.

For Hockley.

Henry Gardner . I have known Hockley from a child; he has a very good character: I have employed him some years, and never heard he did any thing bad.

William Barsey . I have known him some time, he has a general good character.

For Jeffrey.

Thomas Eades . I have known Jeffrey about ten years; I never heard but that he was a very honest worthy man.

Samuel Dickenson . I have known him seven or eight years, and have employed him as a sawyer; he always behaved as an honest man.

William Rogers . I have known him upwards of twenty years; I never heard the least blemish in his character: I deal for 5 or 600 l. a year for deals: I would not have given above a guinea for the thirteen deals.

James Jones . I never knew Jeffrey before I was fetched to value the goods laid to his charge; there were thirteen of them; I would not have given above a guinea for them, had I bought them out of the yard; there were six single, and six double, and one three inch deal. The intrinsic value of them was not above 3 s. more than he gave for them: they were very coarse sappy stuff.

Q. What are you?

Jones. I am a carpenter.

Q. Is it usual to buy deals by candle-light?

Jones. No, it is not.

Q. If a couple of young fellows were to come to you in such a manner, would you have bought them?

Jones. No, I would not.

John Durham . I have employed Mr. Jeffrey a good many years, and never found him to wrong me; I have trusted him with hundreds of pounds.

For the Prosecution.

Robert Blyth . I was apply'd to by Mr. Dingley's clerk, to set a price on the thirteen deals that lay in the yard, which I was told were the same that were found in Mr. Jeffrey's yard. According to the price he sells deals to me, they came to 1 l. 8 s. 3 d. according to the best of my judgement.

Hockley, Guilty . T .

Jeffrey, Acquitted .

112. (M.) Mary, wife of Samuel Vander , otherwise Mary Stone , was indicted for stealing a linen gown, value 2 s. two cotton gowns, value 4 s. a linen frock, value 1 s. and a linen shift, value 1 s. the property of George Cowdell , January 6 . ||

George Cowdell . I live in a court, in New Bond-street : the prisoner had lived servant with me, but was not my servant when the things were lost.

Q. What did you lose?

Cowdell. I lost three gowns, and other things; the gowns were found again at three different pawnbrokers, Mr. Brown, Mr. Spencer, and Mr. Lawrence.

Mr. Brown. The prisoner pledged this gown with me. (Producing one).

Mr. Spencer. I live in Denmark-street. My servant (who is now not well) took in this gown, which the prisoner, upon being charged with pledging to him, before me, did not deny ( produced in court): it was in the name of Stone.

Hugh Lawrence . I am a pawnbroker. The prisoner pledged this gown with me, (produced in court) on the 7th of this instant, in the name of Mary Stone .

Prosecutor. These three gowns are my property.

The prisoner said nothing in her defence.

Guilty . T .

113. (M.) Morris Pearce was indicted for stealing a copper sauce-pan, value 3 s. two flat irons, value 1 s. and two linen sheets, value 4 s. the property of John Burford , in a certain lodging room, let by the said John, to be used by the said Morris , October 28 ++

Sarah Burford . I am wife to John Burford ; we live in Great St. Andrew-street : the prisoner took a lodging room at our house, up two pair of stairs forwards; I don't know the day of the month: the things mentioned in the indictment were part of the furniture let with the room; he lodged with me three months: he had absconded a fortnight all but two days; then my husband broke open the door, and we missed the things mentioned.

Q. What day did he abscond?

S. Burford. He absconded the 7th of December, and gave no notice when he went away: my husband found him, the day after he broke the door open, in Little Queen-street, and brought him home. The prisoner then said he had pawned the two sauce-pans, one sheet, and the flat irons, at one pawnbroker's, in Belton-street; and the woman that he lived with, had pawned another in Denmark-street: the things were found accordingly.

John Chapman . I am servant to Mrs. Hull: the prisoner pledged a sheet, two flat irons, and two sauce-pans with me; the sheet, on the 22d of October; the flat irons on the 14th of November; and the saucepans, on the 20th of October. (Produced in court).

Samuel Spencer . The woman that cohabited with the prisoner at the bar, pledged this sheet with me, about the 20th of October. (Produced in court).

Sarah Burford . The goods produced are my property.

Prisoner's Defence.

I leave it to your lordship and the jury.

For the prisoner.

Anne Murry . I live in Monmouth-street, and have known the prisoner two years; he worked for my husband, and behaved well.

Q. What is his general character?

Murry. I believe he is a rakish young fellow, like others; but I never heard of any thing dishonest by him.

William Cade . I have known him about two or three years; I never knew any thing bad of him before this.

Joseph Barnet . He is a customer to me; he paid me very well; I never heard any bad character of him.

Prosecutrix. I hope the court will be favourable to him; he is a young man, and a cripple.

Court. Had you stood in his place, you would have deserved no pity, for taking in unmarried people to live in this manner.

Guilty . T .

114. (M.) John Baptist Rosa was indicted, for that he, on the King's highway, on Elizabeth, wife of Joseph Francis , did make an assault, putting her in corporal fear and danger of her life, and violently taking from her person one silk handkerchief, value 3 s. the property of the said Joseph, November 7 . ++

Elizabeth Francis . I am wife to Joseph Francis . On the 7th of November, I was at my mother's house, and the prisoner came in for a pint of beer; I and my mother went with a seafaring man to buy him some cloaths; and our little boy came running, and said, Mamma, mamma, come home; John Baptist Rosa is going to murder my father; he has drawn his knife upon him.

Q. Did you know the prisoner before?

Francis. He used to come and play his pranks, abusing and rioting very often. When we came home, he had my father by the collar, drawing him out at the door: he knocked me down in the kennel: I begged, for God's sake, he would consider the condition I was in (being with child); he said, he did not value that. He took my handkerchief from my neck, and put it on his own directly; he knocked my mother down also.

This appearing to be a violent assault only, he was acquitted, and detained to be tried at Hicks's-hall for it .

115. (M.) Joseph Wiggins was indicted, for that he, on the 12th of December, about the hour of one in the night, the dwelling-house of Bridget Jackson , widow , did break and enter, and stealing a brass kettle, value 2 s. a copper kettle, value 1 s. and a brass skellet, value 1 s. the property of the said Bridget, December 12 . ||

Bridget Jackson . My house was broke open on the 12th of December, at night: there were two iron bars forced off the window, on the back part of my house; (producing the iron bars). The shutter to the window fastened with a button on the inside; the window was in the scullery: all the things mentioned in the indictment, except the brass kettle, were in that room; that was on a room joining to it: they were missing. After this was published abroad, Mr. West came and told me, he met the prisoner with a kettle, about the size of mine, on his head.

Thomas West . On a Friday, five weeks ago, tomorrow, I met the prisoner between the hours of twelve and one in the day, (this was two days after the house was broke open) in Norton-falgate, he had a brass kettle, covered over with a flag basket; I saw only the rim of it; it was the size and shape of her kettle; I had lived with the prosecutrix fifteen years, and she had told me of the robbery the day before; I know her kettle very well. I asked the prisoner if he had got his mistress's kettle, saying she had lost her kettle: said he, I live with a coppersmith, in Bishopsgate-street: he asked me when I should be at the Coach and Horses? he said he should be there in half an hour; and that he often carried kettles and things, 200 weight. He came to the Coach and Horses to me; we had some beer: he said, he could not get a coachman's place, on account of his character; so he got to be a porter, and had 15 l. a year, at this copper-smith's.

Q. Was you before the justice, when he was examined?

West. I was. There he was asked whether he lived with a copper-smith? his answer was, he lived here and there, and every where; sometimes in one place, and sometimes in another. On his second examination, the day before Christmas-day, I was there: then he said, he did not keep an almanack in his head. He was asked how he came by that kettle that I saw him with? then he said he bought it on the main road: he was asked what he did with it? he said, he sold it to a Jew.

Q. to Prosecutrix. Have you found any of your things again?

Prosecutrix, No, I have not.

Q. Did you know the prisoner before?

Prosecutrix. He was servant to me about three years ago.

Q. Did he use to lie in the house?

Prosecutrix. No, he was by the week; but he used to come into the house.

Acquitted .

116. (M.) John Saverin was indicted for stealing two shillings , the property of John Scott , Esq ; January 15 . ||

John Scott , Esq; The prisoner was servant to me from June last. I keep my silver in my waistcoat pocket when I travel: I missed a small quantity at three different times, when I was abroad; I usually missed it after he had brushed my cloaths. Since I came home, a few days ago, I was determined to find him out; I had twenty-one shillings and six-pence, distinctly marked with a scratch, under the date of each: I put them into my waistcoat pocket; he took my cloaths out to brush; when he returned with the cloaths, I counted my money; he did, and there were my two shillings marked as the rest (Produced in court): also several of the others to compare; they exactly corresponded.

Captain Templer . I went to pay Colonel Scott a visit, when this thing happened; I saw the prisoner take the two shillings out of his pocket: the Colonel said he would swear to them, and I have had them sealed up, in my possession, till this time.

Prisoner's Defence.

The money was found upon me, but somebody put it in my pocket.

Guilty . T .

117, 118. (M.) Catharine Clark , and Catharine M'Farley were indicted, for that they, on the 7th of January , about the hour of eight in the night, the dwelling-house of Barney Flyn did break and enter, and stealing two gold ear-rings, value 10 s. one silver buckle, value 1 s. three linen shifts, three handkerchiefs, five linen aprons, three caps, two pair of linen shift sleeves, half a dollar, and a crown-piece, the property of the said Barney, in his dwelling-house . ||

Mrs. Flyn. I am wife to Barney Flyn ; we live in Green-street, Leicester-fields . Catharine Clark had lived with me; I did not know the other prisoner. I lost a pair of sheets, on the 4th of January, at night; and the Monday following, I lost the other things, at night, from out of my bedchamber.

Q. What did you lose that night?

Flyn. I lost two gold ear-rings, a basket full of half-pence, half a dollar, an odd silver buckle, three shifts, four coloured aprons, two laced handkerchiefs, one plain one, and three caps; they were all safe about seven at night, and I missed them about nine. When Clark was taken up, she confessed she got a step ladder out of the next kitchen, and got over the pales, between my neighbour and me; she got upon the shed, and put up my window, and came into the room (we found the window put up); this she said at our house, and also before the justice.

Robert Dridal . I was the officer that took the prisoners up. Catharine Clark had on, when taken, an apron, a pair of shift sleeves, a shift, a cap, and handkerchief, which the prosecutrix said were her property. When they were both in the round-house, Catharine M'Farley sent the woman of the round-house to pawn a handkerchief, which the prosecutrix also owned. (Produced and deposed to).

Mary Brooks . I am a pawnbroker. Catharine Clark brought a shift, an apron, and a pair of sleeves, to me to pledge. (Produced and deposed to).

Q. to Prosecutrix. Do you know any thing against Catharine M'Farley?

Prosecutrix. I know no more than what Catharine Clark told me. She said, the other was along with her, and stood in the street, to receive the things: this she also said before the justice.

Clark's Defence.

I owned before the justice, that I did commit this robbery; on account my master and mistress promised me I should not be hurt.

Q. to Prosecutrix. Did you make such promise?

Prosecutor. No, I never did.

Q. to Dridal. Did you hear such a promise made?

Dridal. Mr. Flyn desired her to let him know where the things were: he said, tell the truth, and you shall not be hurt.

Both Guilty of felony only . T .

There was another indictment against them for a single felony.

119. (M.) James Johnson was indicted for stealing seven holland shifts, value 30 s. two pair of linen sheets, value 20 s. eight damask napkins, value 10 s. four linen handkerchiefs, value 2 s. and two silk handkerchiefs, value 3 s. the property of Mary Pelham , widow , in her dwelling-house , September 30 . ||

Mary Fry . I live with Mrs. Mary Pelham , in Argyle Buildings : her house was robbed in September, of some linen; the things mentioned in the indictment (mentioning them by name); the locks of the drawers were forced, and the things taken out; they were found again in the prisoner's house.

Q. What is the prisoner?

Fry. He is a marble polisher : he was at work in my mistress's house, in the next room to where the linen was; and I believe he did some work in that room.

Q. Did he work alone there?

Fry. There were more men at work besides him: the prisoner was discharged four months before the things were missing.

Q. Where is your mistress?

Fry. She left London in July last; she was then in Lincolnshire, and is not yet come to London.

Mr. Povey. Justice Spinnage sent a search-warrant, to search for a gold snuff-box that was lost, of another person's. I went to search; I did not find that, but I found eight damask napkins, four shifts, four sheets, four linen handkerchiefs, and two silk ones, in the prisoner's drawers. (Produced and deposed to by M. Fry, as her mistress's property.

Prisoner's Defence.

I bought these things of an old cloaths man.

Guilty 39 s. T .

120. (M.) Judith Barden , spinster , was indicted for stealing ten linen shirts, value 30 s. the property of John Lawler , January 8 . *

The principal evidence being out of the way, she was Acquitted .

121: (M.) John Saintree was indicted for stealing a pair of woman's pumps, value 4 s. and three other odd ones, value 5 s. the property of Archibald Marr , privately in his shop , December 8 . *

Archibald Marr . On the 8th of December the prisoner came to my house, between seven and eight at night, and enquired for a coat he had pledged with me: while I was turning to get the coat, I heard a noise on my counter: I looked behind me, and asked him what he meant by being on the counter; he sprung from it; he said he only leaned upon it: I said it had an ugly look with it. I did not challenge him then any farther; this was on a Saturday night: when the shoes were called for, mentioned in the indictment, they were missing: about a fortnight after I went to Mary Martin , another pawnbroker; there I found the pair of pumps: upon which I took the prisoner up, and before the justice he confessed he took them.

Mary Martin . The prisoner pledg'd these pumps with me, on the 8th of December, between seven and eight at night, (produced and deposed to): he said they were his wife's, and she was dead, and he had offered them to sale, but could not sell them; so would pledge them till he could get a customer: I lent him two shillings upon them.

Prosecutor. The prisoner owned he had the other odd ones; but he had lost them by the way.

John Holland . I am a shoe-maker: I made these pumps for a person for whom I had more work to do; so, as I wanted money, I pledged these till I had got all done.

Q. Did you make them for the prisoner's wife?

Holland. No. I did not: I made them for Mrs. Catharine Sutherland .

Prisoner's Defence.

I met two women, they asked me what o'clock it was? I said betwixt ten and eleven: I saw a little bundle lie, in a white cloth; I took it up, and gave it to one of the women; she opened it, and there found a pair of cloth shoes, and gave it me again: I said, I had but three halfpence about me: I would go and pawn them for a trifle, and make them drink. I went to that woman's shop, and asked two shillings upon them; she would let me have but eighteen-pence: I then said, she should have no more of my custom; then she let me have two shillings: I went to the two women, and had some beer.

For the prisoner.

Eleanor Obrian . I was coming along the King's road: I met this man.

Q. When was this?

E. Obrian. This was five weeks ago last Saturday: I asked the prisoner what it was o'clock: he said, it was half an hour past ten at night; we came to the sign of the Yorkshire-Gray: I said, Saintree, will not you stop? he kicked something before him.

Q. Did you know him before?

E. Obrian. No, I did not; he took it up, and said it was a pair of shoes: well, said I, halves; then we went and had some beer.

Q. Did you see the shoes?

E. Obrian. No, I did not see them.

Martha Perry . I was along with Eleanor Obrian , when he kicked this bundle before him; it was five weeks ago last Saturday night; they were wrapped up in a sort of a rag: I saw the shoes; they were black stuff women's shoes: he said, they might belong to some neighbour about there, and he would go and pawn them; and if we would take a share of a pot of beer, he would give it us and welcome.

Guilty 4 s. T .

122, 123. (M.) Mary Turner , spinster , and Mary, wife of James Cowel , were indicted for stealing one flock-bed, value 1 s. one pillow, value 4 d. one woolen blanket, value 6 d. one woollen coverlid, value 6 d. one wooden tub, value 6 d. one pair of linen sheets, value 4 d. one jacket, and one pair of stuff drawers , the property of Thomas Heath , January 8 . ++

Thomas Heath . I live in Maiden-head-court, Chiswell-street , and am a watch-finisher : I lost the things, mentioned in the indictment, at three different times: the first was the day after Christmas-day: I miss'd the jacket and drawers out of the cellar: last Monday was se'nnight I miss'd a blanket and coverlid; the night following I miss'd all the other things. Turner used to come to our house, at times; we suspected her; she was taken up, and she confessed she had taken them, and in what manner she had sold them; this was last Monday: she said the other prisoner took the things of her, as she gave them to her out at the window.

Mrs. Heath. I am wife to the prosecutor: after the things were missing, the prisoner, Turner, was suspected, and taken up: she owned she had stole the things mentioned, out of the cellar, and had sold them to a gentlewoman, at the corner of Whitehart-yard, near Golden-lane. I went there, and found my washing tub, ( produced and deposed to.)

Eleanor Mason . I live in Golden-lane; the prisoner, Turner, sold this tub to me: she brought flocks, at three several times, and linnen and woolen rags: I buy old rags, old iron, and old cloaths.

Q. Did she not bring you sheets?

E. Mason. Upon my oath she did not: she brought nothing but rags.

Q. Was there not a pillow?

E. Mason. There was; they came as rags, and went as rags.

Q. What did you give for the tub?

E. Mason. I gave a groat for it.

Q. What did you give for the rags?

E. Mason. I can't tell.

Q. Whether you opened the parcel she brought you?

E. Mason. If I did, I threw them amongst rags and other things.

Q. Was the other prisoner at your house?

E. Mason. I don't know that ever she was, for these twelve months, (a parcel of rags brought into court.)

Mrs. Heath. These things are not what I lost.

Q. to Mason. What do you mean by bringing that parcal here?

E. Mason. These are the same things that the prisoner brought to me.

Q. Did she bring a flock bed to you?

E. Mason. She brought a tick, with some flocks in it.

Mrs. Heath. She has brought 40 lb. of flocks, and mine weighed but twenty; these are not mine: mine were as white as snow; these are dirty things.

Turner's Defence.

This other woman was partner with me, in every thing: my prosecutrix said she would forgive me, if I told her of the things.

Mrs. Heath. I did tell her I would forgive her, if I could get my things again: then she told me, she had sold them to this woman.

Turner, Guilty of stealing the tub . W .

Cowell, Acquitted .

124, 125. (M.) Nicholas Langham was indicted for stealing a flannel waistcoat, value 2 s. two pair of yarn stockings, value 1 s. one cloth jacket, value 3 s. the property of Susanna Johnson , widow ; and Mary, the wife of William Young , for receiving the same, well knowing them to have been stolen , December 11 . ++

John Todd. I live with Susannah Johnson; she is a slop-seller , and lives in Little-East-Cheap: on the tenth of December we had two bundles of bedding carried to the house of John Garret , at the Green-Man and Bell, Darkhouse-lane, by our porter, to be shipped for the East India Company's service; we have since been informed, before the porter returned with other bundles, the two bundles were stolen away. On the same evening, of the day we miss'd them, a slop-seller, that lives at the corner of St. Mary hill, came and told us: we did not miss them till, I think, it was the 23rd of December, when we had word from Gravesend there were two parcels deficient: the gentleman told us, he had seen our hedding at Mr. Godsby's, Church-lane, Whitechapel.

Q. Were all the things, mentioned in the indictment, in them two bundles?

Todd. They were: on the Monday morning I went to the house of Mr. Godsby; there I found the bedding; it had been opened, and part of the things taken out: I found there two beds, two pillows, two coverlids, and two hammocks. The man at the bar was taken up either the Saturday or Sunday before: I went to him in custody; he had a flannel waistcoat, a check skirt, and a pair of canvas trowsers on, part of the things that were in the parcels for the East India soldiers: he first of all said he bought them in Rosemary-lane; afterwards he said they were taken out of the bundles that were at John Garret 's, and that one Timothy Murphy stole the bedding, in Dark-house-lane, and that he met him on Tower-hill, and took them to Mr. Godsby's; they had lodgings there. He also confessed, one Wilkins, and two women, were concerned in taking them; and that the woman at the bar took some of them from Godsby's, and went to sell them in Rosemary-lane. When she was taken up, and before the justice, she denied it at first; but at last, she confessed she had sold a jacket to Mr. Brockholt, in Rosemary-lane; and a flannel waistcoat, and two pair of yarn stockings, to Mrs. Dennison, in the Lane. I got a search warrant, and she went with us there, where we found them.

Jane Dennison . I bought two pair of yarn stockings, and a flannel waistcoat, of the woman at the bar: I have sold the stockings; the gentleman came and had the waistcoat of me. (Produced and deposed to, as the property of Mrs. Johnson).

Henry Brockholt . I bought a jacket of two women; I cannot say the woman at the bar was one of them; but she came again, and said she sold it to me. I delivered it to Mr. Todd.

Court. You are greatly to blame: you should take care never to buy new things of people you don't know; it is such as you that give encouragement to such sort of people: you may think yourself well off, that you do not stand in the prisoner's place.

Langham's Defence.

I met Murphy with these two bundles on his back; he asked me to carry them, which I did, half way up Rosemary-lane: then he took and carried them to Godsby's cellar; then we went and had a pint of beer together: the next morning, I went again to the cellar, when the things were all cut open, and some things gone out of the bundle; I do not know where they were stolen from. After that, I was taken upon Saltpetre-bank, and committed to prison: I could not find my own things, and there were these, so I took them instead of my own: they are not half the value of mine.

Young's Defence.

This young man wanted me to sell two or three of these things; I did not sell them; it was an acquaintance of his that sold them. When they took me up, I told them where the things were, as I went along with her; but she carried them, and I never took a halfpenny of the money.

Langham, Guilty , T .

Young, Acquitted .

She was detained, to be tried on another indictment, at Hick's-hall.

126. (L.) Richard Holmes was indicted, for that he, being a bankrupt, did not make a proper disclosure of his personal estate, but feloniously concealed part of his effects, to the value of 20 l. and upwards .

The prosecutor failing in his evidence, not proving there was due to him 100 l. the prisoner was Acquitted .

127. (L.) John Adams was indicted for stealing a Cheshire cheese, value 5 s. the property of Thomas Shoel , December 28 . ||

Thomas Shoel . I live in the Fleet-market , and keep a cheesemonger's shop in the market, and my house is behind it. On the 28th of December, I was in the back room, stirring the fire: I heard somebody in the shop; I stept out, and there was the prisoner; he had an empty sack: I asked what he wanted? he said, he wanted one Mr. Walker; I said, I would shew him where he lived; but before I got to the shop door, he got out of the shop, and ran across the kennel. I mistrusted, by that, he had taken something: I pursued him, and he ran into a public-house; but before I got to the door, he came out again, and dropped the cheese. I left that, and pursued him, and took him: a witness here took up the cheese, and brought it to me. I can swear it is my property, but did not see the prisoner take it.

Thomas Lankford . I live at the corner of the Fleet-market. I saw the prisoner run into a public-house, opposite to mine, and out again directly: he dropped the cheese, and I picked it up.

Prisoner's Defence.

I never had the cheese. I am a wire-worker by trade.

Guilty, 10 d. W .

128. (L.) Frederick Young was indicted for stealing a woollen cloth coat, value 4 s. the property of Samuel Hardey , January 17 . ||

Samuel Hardey . I am ostler at the King's-arms, in Leadenhall-street : the prisoner was taken by John Alcock , going out of the stable with my coat. He brought him and that back; it is the same I now have on.

John Alcock . I seeing the prisoner come out of the stable, with Hardey's coat, pursued him; he dropped it, and ran; and I took and brought him back.

Prisoner's Defence.

I hope you will take it in consideration; it was for want that I took it.

Guilty, 10 d. T .

129, 130. (L.) Joseph Davis and Richard Imer were indicted, for that they, on the 24th of December , about the hour of six in the night of the same day, the dwelling-house of Samuel West did break and enter, and stealing eight silk handkerchiefs, value 24 s. and twenty-five silk and cotton ditto, value 40 s. the property of the said Samuel, in his dwelling-house . ||

Samuel West . I live in Pig-street, behind the Royal Exchange . On the 24th of December, between the hours of six and seven in the evening, a pane of glass at the end of the shop window was either cut or broke.

Q. When had you observed that window before?

West. I had seen it that very day, in the morning, when the window was first opened; and several times in the day after.

Q. When was the last time?

West. I had seen it about two or three in the afternoon.

Q. Describe the part broke.

West. There is a sash of glass runs down at the end of the window; I keep the shop open generally till eleven at night.

Q. How do you know the window was broke at that time you mention?

West. I know it by the confession of the evidence, Richard Gammon .

Q. What did you lose?

West. I lost a quantity of handkerchiefs; the number I can't say: part were silk and cotton, and some were all silk.

Q. What is your business?

West. I am a hosier and haberdasher: these were part of the handkerchiefs found upon Gammon, (nine in number produced). I can swear to all of them, but particularly one of them.

Q. Are any of your marks on them?

West. No, they are off.

Q. Did you discover the window broke first?

West. No: my wife discovered it first, and I being in an ill state of health, the never mentioned it to me, till Gammon was brought into the shop to me, on Wednesday morning.

William Hill. I am a butcher, and live in Chiswell-street. I know Davis very well; he came to my house, and asked my wife, if she would drink a draught of purl? I was at home; he asked me to drink also: then he asked Imer and Gammon to come up into my room.

Q. When was this?

Hill. This was Christmas-eve, about 7 o'clock. I sat with my back to them, and never got up; they had some handkerchiefs, but I did not look at them, so as to take much notice of them. I heard them say they had thirty-three.

Q. Which said that?

Hill. I cannot tell which said it.

Q. Did you know them before?

Hill. I never saw any of them before, but Davis.

Elizabeth Field . I live with Mrs. Mary Hains , in Bleeding-hart-yard. I was not at home, when they came there; but I saw the handkerchiefs lying on the table, when I came home.

Q. Did you know all of them?

Hill. I know none of them but Davis. I lodged on Saffron-hill, and he lived with his grandfather there, at that time; and Imer is an acquaintance of my landlady's.

Q. Have you ever seen him there?

Field. I have; six or seven times.

Q. What time did you see the handkerchiefs?

Field. That was about eight o'clock.

Q. to Hill. How long were they at your house?

Hill. I believe they were there about the value of eight minutes.

Q. to Field. Did you ever see Davis and Imer together?

Field. I have seen them come together to Mrs. Hains's house, once or twice.

Q. Did Davis ever come to visit you?

Field. No, never. But he knew me very well.

Q. How came they in your apartment?

Field. I lodge in the house, and I left my key with Mrs. Haines; when I came home, there were a good many handkerchiefs.

Q. What sort of handkerchiefs?

Field. Some silk ones, and some cotton ones; they took them all out of my room, but two, which they dropped: them I gave to Mr. Wright.

Q. Who took them away?

Field. Joseph Davis , Imer, and Gammon.

Q. Did you ask them how they came by them?

Field. I did: they said, that was no matter to me.

Q. Which said that?

Field. I don't know which said it.

Q. What time of the day was this?

Field. This was about eight o'clock; these are the two they dropped, (producing them.) I saw all these, that are here produced, in my room; they were counting them, at so much piece: when they went out of the room, every one had a bundle.

Q. What business is Joseph Davis ?

Field. I do not know.

Richard Gammon . I have known the two prisoners about six weeks.

Q. How did you become acquainted with them?

Gammon. By being in Chick-lane; and being at ale-houses with them.

Q. What ale-houses?

Gammon. The Hog-in-armour, in Field-lane.

Q. Did you know what business they followed?

Gammon. I knew they used to follow no business; but go out in this way.

Q. Who recommended you to their acquaintance?

Gammon. Nobody.

Q. Had you ever been out with them before this affair?

Gammon. I had been out with Dick the sailor before, and Imer, but not with Davis.

Q. How came you to venture yourself with a man you did not know?

Gammon. I lived in Brick-lane, Old-street; they called upon me on Christmas-eve.

Q. Did they know your business?

Gammon. They did: they asked me if I would go up to Islington with them: I said, I could not, because I had no money: they said, never mind that, that does not signify: so I went along with them.

Q. What time of the day was this?

Gammon. This was about one o'clock in the day; we went together to the Coach and Horses there, and had two pots of beer, and bread and cheese, and gin; when we came back it was dark: they said, they knew of a place where they could get some handkerchiefs, and asked me to go along with them: I said, I would; we went down St. John's-street, and up the city, to the back of the Royal Exchange: then they shewed me the prosecutor's shop, and bid me push the window in.

Q. Was any body in the shop?

Gammon. There were people backwards, in the back parlour.

Q. Did you push the window in?

Gammon. I did; then Davis took out a piece of handkerchiefs, and gave it to Imer; he went with it, and stood just by, till we got the rest out.

Q. What quantity did you take?

Gammon. There were twenty-five silk and cotton ones, and eight silk ones: Imer stood at the corner of a gateway.

Q. Who took the last parcel out?

Gammon. Davis did, and gave them to me; I carried them to Imer.

N. B. The LAST PART of these PROCEEDINGS will be published in a few Days.

THE WHOLE PROCEEDINGS ON THE King's Commission of the Peace, Oyer and Terminer, and Gaol-Delivery FOR THE CITY of LONDON; And also the Gaol-Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 16th, Thursday the 17th, Friday the 18th, and Saturday the 19th of JANUARY.

In the Fifth Year of His MAJESTY's Reign. Being the Second SESSION in the MAYORALTY of The Right Honble Sir William Stephenson , Knt. LORD-MAYOR of the CITY of LONDON.

NUMBER II. PART II. for the YEAR 1765.

LONDON:

Sold by W. NICOLL, in St. Paul's Church-yard.

[Price SIX-PENCE.]

THE PROCEEDINGS ON THE

King's Commission of the Peace, Oyer and Terminer, and Gaol-Delivery, held for the City of LONDON, &c.

[Continuation of the Trial of Davis and Imer.]

Q. WHAT time of the night was this?

Gammon. This was nearer seven o'clock than six.

Q. Was it dark, or light?

Gammon. It was dark, at that time, about five.

Q. What did you do, when you had got them out?

Gammon. Then we went over Moor-fields, till we came to the corner of Bunhill-row; there was a woman stood with fruit: Davis went and spoke to her; what he said to her I know not: then we went up a turning, and Davis went up a pair of stairs, into a room; and called us up after him: there was this butcher that has given evidence, and a little girl: he sent the girl down for that woman that was selling fruit. She came, and brought up a pot of purl: there we opened the handkerchiefs, and counted them, to see how many there were.

Q. How was the butcher employed?

Gammon. He was sitting by the fire: he saw us come in, and must see the handkerchiefs on the table, but he did not get up.

Q. How long did you stay there?

Gammon. About ten minutes: we wrapped the handkerchiefs up in an old one, and Imer said, he would go and sell them. He went to a place down Field-lane, while Davis and I stood up a turning; then he came back, and told us he could not sell them: then he said, he would go and leave them in Bleeding-hart-yard: we all three went there: he asked somebody for the key of Bett Field's room, and got it. Imer went up, and stood at the door: he said he would leave them there, and he knew of a place to get some more. We left them there, and went down as far as the end of Fleet-lane: then we said, as we had not sold them, it did not signify to get any more: so we went back, and bought a candle, and went all three into the room, where we divided them.

Q. How many had you a-piece?

Gammon. We had eleven each. As we were counting them on the table, she came in.

Q. Did you hear of any being drop'd?

Gammon. No, I did not: I had all my eleven.

Q. from Imer. Did you ever see me carry any handkerchiefs up into that house?

Gammon. No: it was Davis that carried them up.

Q. from Imer. Had I the key, to unlock the door?

Gammon. No: Davis had the key, but you was with him.

Davis's Defence.

Going along the lower end of Bread-street, I met this lad, Gammon, with a bundle: he said, So, where are you going? I said, to my mother's: he said, I found a bundle going a cross Moorfields; he laid them on the table: there were a parcel of handkerchiefs: he asked me to go and tell them; I said, I would have no concern with them; this was at Mr. Hill's daughter's house; he lives in Chiswell-street: we were going home, and he was going that way; the woman named Haines, lives below; Gammon was not acquainted at that house: I have seen Gammon two or three times at my grandfather's, but was not acquainted with him. The handkerchiefs he had were all dirty.

Imer's Defence.

I went on the other side of the water with Davis, to see his wife in the hospital: coming back, we met this lad; he said, he had found some handkerchiefs; we went to Mr. Hill's with them; t he bundle was put upon the table, and he opened them, to the best of my knowledge; he counted either eleven or thirteen: he wanted me to go and help to sell them: I said, I would have no concern with them.

Both guilty of Felony only . T .

Note, Richard Imer is, in the next trial, called Dick the Sailor.

131, 132, 133, 134, 135. (M.) Christopher M'Donald and Francis Farrel were indicted for stealing one hundred silk handkerchiefs, value 15 l. and five silk neckcloths, value 5 s. the property of John Parker ; and John Roney , for receiving forty-seven silk handkerchiefs and silk neckcloths ; and Alice Roney , his wife , for receiving twenty-four silk handkerchiefs ; and Jonathan Parker , for receiving twenty-four silk handkerchiefs, part of the said goods, well knowing them to have been stolen , December 14 . ||

John Parker . I am a linen-draper , and deal in silk handkerchiefs, neckcloths, and the like. On the 14th of December, in the evening, when my men came to shut up my shop, they found some silk handkerchiefs missing; upon which, I advertised.

Q. Where do you live?

Parker. I live in the Strand . I found the window broke, where the handkerchiefs lay. Mr. Wyn brought the woman at the bar, and Rose Foy to me, on the Monday after; he brought three silk handkerchiefs; (Produced in court); these I can safely swear are part of what I lost that evening; one of them has a particular mark upon the end of it. Alice Roney said, she bought them of a sailor in Rag-fair, that morning, and that she bought only these three: the next morning, she said she bought them of a sailor and two boys, in Rag-fair.

Q. Where did she live?

Parker. She lived in Petticoat-lane. The next morning, Rose Poy gave an account where part of the goods were; and went with us, where we found them. We found some at the Fountain alehouse, in Rosemary-lane, sold to a Quaker, that came from Taunton; there were eighteen of them: we brought the Quaker before Sir John Fielding ; he gave his affirmation he bought them of two women; he would not swear, so can be of no service here; but here is an evidence in court that saw him buy them: and, by Foy's information, we found Mrs. Perry, who had bought seven; she lives in the same lane: and at Mr. Burton's, in the same lane, we found three more. On the Monday following, a person came to me, and said, he believed his son was concerned in the robbery, and desired I would get him admitted an evidence.

Q. What is his name?

Parker. His name is Fish; the lad is in court. I took him to Justice Fielding's; there he gave his evidence, and was admitted an evidence to come here. There was another boy taken up, upon his evidence, whose name was Gammon, but nothing was found upon him. M'Donald was taken up, and the rest of the prisoners, but they denied knowing any thing of the robbery. (The eighteen handkerchiefs found at the Fountain, seven at Mrs. Perry's, and three at Mr. Burton's, produced and deposed to). M'Donald and Farrel both said, they knew nothing of the evidence Fish, but said, he was set on by the thieftakers.

Thomas Fish . I am turned of thirteen years of age.

Q. If you should take a false oath, what do you think will become of you?

Fish. I should sell my soul to the d - l.

Court. Now take care, and say nothing but what is true.

Fish. I shall say nothing but truth.

Q. How long have you been acquainted with M'Donald and Farrel?

Fish. About three weeks or a month.

Q. Where did you become acquainted with them?

Fish. In Chick-lane. Frank Farrel asked me to go out with him and Kitt M'Donald. I know him to be a thief: I was drinking with them. I know Farrel to be a pickpocket.

Q. Did you go with them?

Fish. They inticed me with them.

Q. Where did you live?

Fish. I lived in Redcross-street.

Q. At what alehouse was you drinking with them?

Fish. At the Hog in Armour. We walked towards St. James's: when we got to St. James's, I heard them talking about this robbery: and as we came along, back again, we saw a glass was broke; they shov'd it in.

Q. Where was this?

Fish. This was in the Strand, by Charing-cross.

Q. to Prosecutor. Whereabouts in the Strand do you live?

Prosecutor. I live opposite Somerset-house; he is now giving an account of another robbery.

Fish. After the glass was shov'd in, we took out some white cambrick spotted handkerchiefs; then we went to Mr. Parker's window, and took out an hundred and six handkerchiefs.

Q. Was nobody in the shop?

Fish. Mr. Parker's young man was in the shop, while we were taking them; he was packing up some linen. Then we went to Kitt M'Donald's room, in Black-boy alley, and counted them. (He takes up some red and white ones). I can swear these were some of them: there were some black silk ones.

Q. What was done with them?

Fish. They were all sold for 4 l.

Q. Was you present at the sale of them?

Fish. I was.

Q. What share of the money had you?

Fish. I had 24 s. Frank Farrel , and Dick the sailor, went to this woman at the bar, into Petticoat-lane, with them.

Q. What share had the others of the money?

Fish. I had as much as Farrel. Kitt M'Donald and Dick Gammon had the rest of the money. Dick Gammon had about 16 s.

Q. Who is Dick the sailor?

Fish. He was only at the selling them; he was not at the stealing them. He sold eighteen for 24 s. to the woman at the bar: What we sold came to 3 l. 4 s. M'Donald sold another quantity for a guinea, while we were gone. John Roney was by, when his wife bought them of Dick the sailor: he would not buy them, except he had one to wear about his neck. Dick the sailor knows Roney and his wife; I did not know them before.

Q. to Prosecutor. What is the value of these handkerchiefs?

Prosecutor. Many of them cost me 4 s. 4 d. apiece; some 3 s. 10 d. and some 4 s. the whole of the handkerchiefs were worth 15 l.

Q. to Fish. What sort of money did you receive for the handkerchiefs at Farrel's?

Fish. He gave us two half guineas, and a guinea, and took the money out of a snuff-box.

Q. Did you tell Farrel how you came by them?

Fish. Dick the sailor did. Roney said, the gentlemen would take notice of such little boys as us drinking beer; so he came and took us up into his room.

Q. What do you know about Jonathan Parker ?

Fish. I have nothing to say about him. He was not in the robbery.

Q. from M'Donald Can you say I was going along with you?

Fish. You was, and stood at the corner of an alley; and took them as we brought them down to you: we loaded ourselves, and went to you; then we all went home.

Q. Who took the things out of the window?

Fish. Gammon, I, and Farrel did.

Q. Who broke the window?

Fish. Gammon and I did.

Q. Whereabouts was M'Donald?

Fish. He went and stood near Somerset-house, almost opposite Mr. Parker's house.

Q. Where do you call your home?

Fish. We went home to M'Donald's lodgings.

Q. Where is that?

Fish. One end comes into Blackboy-alley, and the other comes into Chick-lane; he has a room there.

Q. Is there any sign?

Fish. No: when we came in, there was Jack Adison ; he sold two of them for twenty-pence.

Q. Did you make more trips than one from Mr. Parker's shop to M'Donald?

Fish. We did.

Q. How often have you been to M'Donald's lodgings?

Fish. I have been there about five or six times.

Q. Is his a lower or an upper room?

Fish. It is a lower room, on the ground floor; it is on the right hand going down into Blackboy-alley, and on the left hand going in.

Q. How long were you in stealing the handkerchiefs?

Fish. We were about an hour.

Richard Gammon . I, Thomas Fish , M'Donald, and Farrel, robbed Mr. Parker's shop.

Q. How long have you been acquainted with M'Donald and Farrel?

Gammon. I have been acquainted with them about three months: I have been acquainted with Fish about three weeks or a month.

Q. Where did you meet with them first?

Gammon. We had been drinking together at the Hog in Armour, in Field-lane?

Q. Where did you set out from, when you did this robbery?

Gammon. We were at Kitt M'Donald's, in the morning, and we went out to take a walk; we walked about the Park, till it began to be dusk: then we went a little way down the Strand, on this side Charing-cross; there we robbed a shop of thirteen handkerchiefs; it is the shop of Mr. Dent; they were red and white ones; then we went on towards home; we saw a pane of glass was cracked in Mr. Parker's shop-window; we pushed the glass in.

Q. Who did that?

Gammon. I can't say who did it; we were all four together: we took out the handkerchiefs: Kitt M'Donnald stood a little way off; we gave him some of them; then he went a little farther off, and after that he crossed the way to Somerset-house.

Q. How many handkerchiefs did you take?

Gammon. There were about 105 or 106 handkerchiefs and neckcloths; there were five neckcloths; these are part of them, (pointing to them produced.)

Q. Where did you count them?

Gammon. We counted them at Kitt M'Donald's lodgings.

Q. Where does he lodge?

Gammon. He lodges in a little alley in Black-boy-alley.

Q. In what part of the house?

Gammon. On the ground floor.

Q. Describe whereabouts the house is.

Gammon. It is on the left-hand, as you go into the alley, and on the right as you go into his house. There came Jack Adison ; he said, he knew where to sell some of them.

Q. What is he, a man or a boy?

Gammon. He is a man grown; he took one or two out, and went and sold them; he came back, and said, he could sell half a dozen more.

Q. Who did he give the money to?

Gammon. He gave that to M'Donald; I don't know how much: he took half a dozen, and came back again, and said he could not sell them.

Q. How long was he gone with the two handkerchiefs?

Gammon. He was gone about twenty minutes?

Q. Where did he say he sold them?

Gammon. I don't know that.

Q. Did you sell any?

Gammon. I and Jonathan Parker sold some, but not that night: Kitt M'Donald said it would not be safe to have them at his lodgings; he would take them to his mother's: we took them there; there Parker was sitting; we opened the handkerchiefs, and Parker said he could sell some for us.

Q. Where does Jonathan Parker live?

Gammon. Parker lodges at Kitt M'Donald's mother's, in Brick-lane, Old-street. We cut off two dozen there; Parker and I took them to Rosemary-lane; there we sold seven for half a guinea, to Mrs. West.

Q. Was Parker to have any share of the money?

Gammon. No, he was not.

Q. What is Parker?

Gammon. He is a gentleman's servant out of place.

Q. Did Parker ask you, how you came by them?

Gammon. No; he did not: when I came home it was dark: Fish; Farrell, and Dick the sailor, were gone to sell the handkerchiefs: I was tired, and went to bed.

Q. What share had you of the money?

Gammon. I had half a guinea and five shillings: the next morning they had shared the money, and had 24 s. each; they all agreed to give me something, but they did not.

Q. Do you know of any being sold to the woman at the bar?

Gammon. No: I do not.

Q. to Fish. Was you at Mrs. Perry's?

Fish. No, I was not.

Q. Was you at the selling any to the Quaker?

Fish. No, I was not.

Mrs. Perry. I bought seven silk handkerchiefs the night after ther obbery was committed, about six in the evening, of one Rose; she was partner to the woman at the bar.

Q. What way were they in?

Mrs. Perry. They are dealers in Rosemary-lane.

Q. What did you give her for them?

Mrs. Perry. I gave seventeen shillings for them, (produced in court, two of them black ones.)

Q. to Fish. Look at them handkerchiefs.

Fish. I can swear I sold these black ones to the woman at the bar.

Q. to Mrs. Perry. Did you see either of these boys, when you bought them, Fish and Gammon?

Mrs. Perry. No, I did not: I should not have bought any of such boys, without I had known very well how they came by them.

William Lee . I lodge at the Fountain, in Rosemary-lane: there was a quaker, a country-dealer, lodged in the house: I happened to be by, one day; there were two women sat in a box; they asked him if he bought handkerchiefs.

Q. Was the woman at the bar one of them?

Lee. I know Rose very well; she was one of them; but I am not certain the prisoner was the other.

John Wyn . I keep a sale-shop near Rosemary-lane. On the 17th of December I had been looking over the papers there I read about Mr. Parker's being robbed: I charged all my people, if any handkerchiefs were brought, to stop them; in about half an hour after came Alice Roney and Rose Foy; they offered me these three handkerchiefs (here produced); one of them had them in her apron: they both acknowledged their buying them in Rosemary-lane; they brought them to sell. I asked them whether they had any more: they said, no, they had only these three; they took out but one, at first, but my wife seeing more in her apron, she took the other out. I desired them to recollect who they bought them of, and when; they said, they bought them about half an hour before they brought them to my shop, of a man in a striped waistcoat: I said, is he a seafaring man; they said, they did not know: the man they described answered the description of the man they call Dick the sailor, that is indicted for another robbery: the woman said, he had china to sell, and that they bought nothing of him but these three handkerchiefs.

Q. Which told you this?

Wyn. The woman at the bar did: then I sent my boy for the Daily-Advertiser, and read over the advertisement to them, and said, they must certainly know of the rest; they would not own any farther: I said, they must go along with me to Mr. Parker, and if the handkerchiefs were not his property, they should have them again; we met with him at home: as soon as he saw this fag handkerchief, he said, these are part of my goods, that I lost; then the woman were taken to Sir John Fielding 's, and committed for further examination.

Q. What time of the day did they come to you?

Wyn. This was in the morning.

Q. Where is Rose Foy?

Wyn. She is got away: she had been with us up and down the lane, to discover where the things were sold: she had said to Mr. Parker, that she would make an ample discovery, after she was committed; since she has been let go at liberty, she has got away, and we have made all the enquiry we can about her, but cannot meet with her.

Mrs. Lee. I know Alice Roney : about a fortnight before Christmas she brought a parcel of handkerchiefs to me; it was on a Sunday morning: she asked me to let the bundle stay till evening, and then she would take them away, and not let her husband know it: she borrowed a flat-iron of me: when she was gone, I opened the corner of the parcel, and saw they were handkerchiefs: some on the top were black.

William Page . I keep the Hog in Armour, in Field-lane: much about Christmas time, the father of Fisher came in, one day about noon, and took the boy away; saying, he heard he was in company which he did not like: at that time M'Donald, Farrell, and Gammon were in company with him.

Q. How often have you seen them together?

Page. To the best of my knowledge, I have seen them all together twice: I have kept the house but eights weeks to-day.

M'Donald's Defence.

I am innocent of what I am accused with: they searched my place, and found nothing: they took me up upon another thing, and I went voluntarily along with them.

Farrel's Defence.

I know nothing at all about it: I never saw the boys in my life: I live in Chick-lane; my father and mother both died within twelve months: my uncle supports me; he lives in Chick-lane, and sells rabbits and wild-ducks.

John Roney 's Defence.

I know nothing about it.

Alice Roney 's Defence.

The man is not here that I bought these handkerchiefs of: he asked me, if I dealt in buying and selling: I said, yes; he had some silk handkerchiefs, (this was in Rosemary-lane): he said he had some china, bed, and bedding. I bought some handkerchiefs of him, for one shilling and nine-pence apiece; my partner went and sold afeather-bed, and brought the money to pay for them; then we went to sell them.

Fish. That was Dick the sailor; he is in custody.

A. Roney. My partner sold them for two shillings apiece.

For Roney and wife.

John Haines . I keep the King of Prussia's-head, Petticoat-lane: I have known John Roney , and his wife, thirteen or fourteen months.

Q. What is he?

Haines. He is a shoemaker ; his wife deals in buying and selling .

Q. What is his general character?

Haines. It is a very good one; and I never heard any thing of her but what was very honest.

Mrs. Lee. I have known Roney, and his wife, two years: I n ever knew any thing but honestly by them both.

M'Donald and Farrel,

Guilty . T .

John Roney and Parker,

Acquitted .

Alice Roney , Guilty . T. 14 .

136. (M.) Edward Williams was indicted, for that he, on the 8th of September , about the hour of two in the night, the dwelling-house of John Zephaniah Holwell did break and enter, and stealing one silver coffee-pot, value 3 l. a pair of silver tea tongs, value 5 s. two silver table spoons, value 30 s. fourteen silver tea spoons, value 7 s. a silver cup, value 20 s. a pair of callico sheets, value 40 s. and two Holland pillow cases , the property of the said John Zephaniah Holwell . *

At the request of the prisoner, the witnesses were examined apart.

Sarah Manley . Governor Holwell is my master.

Q. What is his christian name?

S. Manley. John Zephaniah ; he has a house in Harley-street, Cavendish-square : I fastened all the doors of the house, about nine o'clock on Saturday night, the 8th of September.

Q. How many outward doors are there?

S. Manley. There are two: the family was not in town; I was the only person that was in the house. I got up on the Sunday morning, about eight o'clock, and found the window in the servant's-hall, backwards, was broke open; the hinges were wrenched from the shutter, and the sash flung up: I am certain that window was fastened, when I went to bed: I observed a snuff of a candle thrown against the kitchen door: I miss'd the plate out of the plate-cupboard, that is in a room on the same floor, that I saw the night before I went to bed: the door had been undone, but the lock was not so much damaged, but that I could lock and unlock it: that I left locked when I went to bed.

Q. What did you miss?

S. Manley. I miss'd two silver waiters, with the governor's arms upon them, a pair of silver tea tongs, two silver table spoons, fourteen silver tea spoons, a silver cup, a pair of callico sheets, and a pair of Holland pillow cases; (a silver waiter produced,) this is my master's property, one of the two that were lost; it is plain to be seen where the arms were erazed out.

Abraham Levi . I live in Houndsditch; the prisoner first brought me two silver table spoons; I gave him seventeen shillings for them; after that he brought me this silver waiter, and another, fourteen tea-spoons, and a pair of tea tongs that was broke (this was on the 9th of September last); I made a memorandum of it in my almanack, between eight and nine in the morning.

Q. What did you give him an ounce for the plate?

Levi. I gave him 4 s. an ounce.

Q. How long have you been acquainted with him?

Levi. Ever since May last.

Q. from prisoner. Was it by night or day that I brought it?

Levi. It was in the day.

Prisoner. Very good.

Q. from Prisoner. In what manner, did you weigh it, or how do you deal in these things?

Levi. I was obliged to weigh it as narrowly as possible; he was so careful that I durst not put my fingers to it.

Q. from prisoner. How much did you weigh at a time?

Levi. Twelve ounces.

Q. What were the arms on the plate?

Levi. There were three nanny-goats upon it?

Q. from prisoner. What coin did you pay me in?

Levi. I paid him in half guineas and guineas, and four shillings.

Mary Simpson . I was servant to Abraham Levi : I remember the prisoner coming to him several times; I used to go out, that I might not see any thing.

William Garnan . The prisoner lodged in a room of mine. Mr. Brebrook and others, came to search his room, after he was taken away; I think it was this day se'nnight: this dark lanthorn was found in a drawer in his room. (Produced).

Moses Levi . I have seen the prisoner with Abraham Levi together, twice in one day, about July; he and his wife brought a parcel of plate, silver candlesticks, two salvers, and other things.

Prisoner's Defence.

I never saw that Jew in my life (meaning Abraham Levi ): here are people come to swear my innocent life away, for the sake of the reward: Brebrook brought a man before Mr. Fielding, who swore he and I were breaking of houses together. I am as innocent as the child unborn.

Guilty of Felony only .

(M.) He was a second time indicted, for that he, on the 17th of December , about the hour of two in the night, the dwelling-house of Ralph Verney , Esq ; commonly called Earl Verney, of the kingdom of Ireland, did break and enter, and stealing one silver cup, value 20 s. one silver spoon, value 20 s. six silver plates, value 12 l. three silver chocolate stands, value 30 s. six silver tea spoons, value 12 s. three silver table spoons, three silver saucepans, one silver cream jug, and a silver boat , the property of the said Earl. *

Elizabeth Cook . I am house-keeper to Lord Verney, in Curzon-street, May-fair . My Lady always undresses in my room, in the lower part of the house: she undressed on the 17th of December, about ten at night: I always quit that room, and go to supper between ten and eleven: I shut the window-shutter to that room myself, but I firmly believe the window was not barr'd. (A silver cup produced in court). This I can swear is my Lord's plate; the arms are taken out. (A silver boat produced). This I believe to be my Lord's property; ours was like this, but the arms are out: there were six silver spoons taken away, that lay in this; three chocolate stands, six silver plates, three silver saucepans, one of two quarts, another about three pints, and a small milk saucepan; these were all taken away.

Q. from prisoner. Did you ever see me near your house?

Cook. No, never, to my knowledge.

Margaret Henderson . I am a servant to Lord Verney. On the 18th of December, about half an hour after five in the morning, I got up to wash.

Q. Was it light or dark then?

Henderson. It was dark. I went into the housekeeper's room, to fetch the key, and found the window-shutters open, and the sash up.

Q. from Prisoner. Did you ever see me about your house?

Henderson. No, I never saw the prisoner in my life.

Kemp Bailey. I attend my Lord's house-keeper. I take care that the doors and windows are fast; I know the shutters of the house-keeper's room were shut to, the evening before the robbery; (He takes the cup in his hand): this I know to be my Lord Verney's property; there were my Lord's arms on it, which reached half way round the cup. It appears to be erazed out.

Q. from Prisoner. Did you ever see me near your Lord's house?

Bailey. No, not to my knowledge.

Abraham Levi . (He takes the cup in his hand.) I bought this cup of the prisoner at the bar, on Tuesday, the 18th of December: he came in the morning, about six or seven o'clock, and brought a silver tumbler, this silver cup, six chocolate plates, three table spoons, six tea spoons, three rings to put upon chocolate plates, three saucepans, a large one, a middling one, and a little one, all silver. I gave him 4 s. an ounce for them. I gave him 8 l. directly, and sent the other by my little boy, in the afternoon.

Q. What was the other money?

Levi. That was eight guineas.

Q. from Prisoner. Can you bring any body that ever saw me in your company, dealing for such things?

Levi. I cannot this time; for then we were alone.

Lion Abraham. I am fourteen years of age, and am son to the last evidence. I have seen the prisoner frequently at my father's house: I carried him eight guineas one afternoon.

Q. In what pieces of money?

Abraham. There was a 27 s. piece, 4 s. 6 d. in silver, and the rest in guineas and half guineas, and the prisoner gave me a shilling. When he used to come to our house, my father sent me away.

William Garnan . I remember this boy coming to Williams, at my house, the Wednesday before Christmas-day.

Prisoner's Defence.

This boy was brought by thief-catchers, that came after me; he learns of his father: as his father swears, he swears; the thief-catchers all hang together, and when a man has been once under a cloud, they fix a thing upon him, and so swear his life away. They get their bread by helping people to stolen goods: I have been taken up three or four times, and they have brought people to look at my face, yet nothing was found upon me, to the value of a pin's point. The Jews will swear to clear a man, or cast him, for a trifle: the thief-takers might put the dark lanthorn there; it did not belong to me.

Guilty . Death .

(M.) He was a third time indicted for stealing seventeen yards of silk lutestring, value 3 l. the property of his Grace the Duke of Norfolk , November 17 . *

He was tried on this, with intent to come at his sister, as an accessary.

Abraham Levi deposed, she brought the silk, and sold it to him; but his evidence not being supported by a witness of credit, the jury did not think proper to give him credit.

Acquitted .

38, 39. (M.) He was a fourth time indicted, together with Elizabeth, his sister, and Mary Stace , for stealing a velvet coat, embroidered with gold, value 10 s. and one silver table spoon, value 8 s. the property of Thomas Brown , Esq ; one silver watch, value 40 s. one metal seal, value one penny, and a pair of silver shoe-buckles, value 10 s. the property of William Stainforth , in the dwelling-house of the said Thomas Brown , October 27 . ++

William Stainforth . Mr. Brown is my master; he lives in Bedford-row : he was in the country. When we got up in the morning, on the 27th of October, we found the door open that goes backwards, into the yard, and the window broke open in the servant's hall; the things mentioned in the indictment were missing. My master is King at Arms , and the coat was his Herald's robe. I had had that in my arms on the afternoon before.

Abraham Levi deposed, he bought the watch of Elizabeth Williams , on the 28th of October, in the morning: that all the three prisoners came together; and that State, which he called William's wife, brought the robe in a green bag, under her cloak, for which he gave five guineas.

There being no witness of credit, to confirm him, they were all three Acquitted .

There were two indictments against Williams.

See him tried three times for burglaries, No. 405. in Mr. Alderman Beckford's mayoralty. See him also an evidence against Robert Stevenson , for a burglary, No. 7. in Mr. Alderman Bridgen's mayoralty. He also since gave evidence against him at Maidstone, who was there cast and executed.

140, 141, 142. (M.) John Robinson and John Rouson were indicted, for that they, on the 12th of January, about the hour of two in the night, the dwelling-house of Anne Bennet , widow , did break and enter, and stealing six linen shirts, value 6 l. thirty shifts, value 3 l. seventy yards of linen cloth, value 3 l. forty yards of camblet, twenty pair of stays, thirty-seven linen handkerchiefs, and six linen aprons , the property of the said Anne; and Anne Clark , for receiving part of the said goods, well knowing them to have been stolen . ++

Anne Bennet . I keep a cloaths-shop, in Chick-lane, and deal in linen . My house was all made fast last Saturday night; and on the Sunday morning, my sister that lives servant with me, found it broke open. My son came and told me; I got up, and found my two doors open: one opens into the street, the other does not: one is a store-cellar door, under my shop; the pannel of the door was split, and the hinges had given way; they cannot draw up their butts without coming into my shop: I missed the things mentioned in the indictment, and more (mentioning them); Rouson was taken up on suspicion, on the Monday night; he is a shoemaker: I believe the prisoners both lodged in Black-boy-alley. He said, if I would let him and his wife go to one prison, he would be a friend to me, and I should be no great loser: she was taken up also. When we came before Justice Fielding, he said to me, Mrs. Bennet, do you propose to clear my girl? I said, yes: he then said, Jack Robinson and he had sold my things in the Butcher-row, next door to a farrier's shop, in East Smithfield, and that they had had but a guinea: he said, a person was to come and fetch them away at night. My son went with him to the Butcher-row, and I went also. I found thirty-one shirts, two red handkerchiefs, I believe six or eight of the kenting ones, and about forty yards of my new cloth; they told me it was at the house of Mary Clark (produced in court, and deposed to); Robinson was taken up that night: I know nothing against him, but what Rouson told me.

Mary Barker . I am sister to Anne Bennet . I was the first up, on Sunday morning, which was about half an hour after 7 o'clock: I found the shop was stripped, and the bolts and locks all broke; all were fast before we went to-bed.

John Clarkson . I am son to the prosecutrix. On Sunday morning last, my sister told me the shop was robbed: I got up, and found it so: it soon got about the neighbourhood, and people suspected the two prisoners; we searched their lodgings, but found nothing. On the Monday night, we were told they were both seen to go out three times with things on their shoulders from their lodgings: Rouson was taken, and on the Tuesday morning, carried before Justice Keeling. Going along, he was asked how he got in? he said, he pulled the lock, and it came off very easy; he confessed nothing before the justice; he said he would speak to Mrs. Bennet and the constable by themselves: we went down to Clark's house, in the Butcher-row, and found some things under the bed, and some upon it; we put them all in a tub: by that time, my mother came; I asked him whether there were any stays? he said, he knew nothing about stays. Robinson was taken the same day I believe, about three o'clock, in an alley, in Barbican.

Joseph Adgett . I am constable. I went with a search-warrant, and searched all about Black-boy-alley, where the prisoner lived, but found nothing. Mrs. Clarkson and I took Rouson, when he came home; he said, if I would come into the room with Mrs. Bennet, he would tell us something. Then he said he had robbed Mrs. Bennet's shop.

Q. Had you said any thing to him, to induce him to confess?

Adgett. I said he had better confess, least some body should say something against him, and do him harm. Then he said he had robbed Mrs. Bennet's shop, between three and five o'clock; and that the things were by the Maypole, East-Smithfield; that he had received a guinea earnest: he said, there was a woman with him in the robbery: then Clark was taken up, as she was coming home to her house, with a child in her arms; as we were coming back, he said, we shall find Robinson at Barbican, with his girl: we went there, and found him. I said to him, my friend, I believe you will be hanged; he said, for what? I said, for housebreaking: he made me no answer at all.

William Haliburton . Rouson was in custody before I heard any thing of the matter. He said, come with me, and you shall see the things, and the man that was concerned with him in the robbery. I was with them in East Smithfield, where we found some of the things under the bed, some upon it, and some in drawers.

Henry Wright . At half an hour after twelve, on the Tuesday, Rouson was committed to New Prison. I said to the keeper of Bridewell, we will go down and see if we can find the things; we got down before the others. I asked the prisoner how he did the robbery? he said, first Robinson and he broke open a shoemaker's shop, in Holborn.

Court. That is not in this indictment.

Wright. We found all these things in Clark's house, some under the bed, some upon it, and some in drawers. Coming back, we met Mrs. Clark; I asked Rouson if it was she? he said it was. As we came up Grub-street, we went into two or three houses to see for Robinson; at last we found him in Barbican. He was taken before Sir John Fielding ; Sir John said, take Rouson out, and let the other come in. When Robinson was in, Sir John said, what do you know? said Robinson, admit me an evidence, and I'll tell you: then he said, the first robbery was at a shoemaker's shop, and that they carried the things home; then they went and broke open Mrs. Bennet's shop.

Q. Did Sir John tell him he would admit him an evidence?

Wright. No, he did not: this was on the Tuesday night, about five o'clock.

Q. What is the woman at the bar?

Wright. She deals in Rag-fair.

Robinson's Defence.

The first of seeing Rouson that night, was meeting him at the Hog in Armour, in Field-lane: when they shut up the house, I said, we will go and have a pint of beer at the night-house, in Holborn, near the bars; we went, and staid there till half an hour after two. Coming down Holborn, by the shoemaker's shop, we saw the door open; I there saw a bag of leather; I took and handed it out.

Court. You are not call'd upon to accuse yourself.

Robinson. I have no more to say.

Rouson's Defence.

When I was first taken, I came home, and went up stairs: a neighbour next door was beating his wife, and I went down to take her part: Mrs. Bennet's son made a blow at me with a cutlass, and knocked my hat off; then a pistol was presented to my head, and they carried me to the watch-house: they took my wife in custody: they sent me to New Prison, and my wife to Clerkenwell Bridewell. The next day, they carried me before Sir John Fielding : I denied the thing strongly: upon that, Sir John ordered me to New Prison. They took me to the Blackeney's head, by Sir John's, and gave me liquor plenty, and persuaded me to confess; and when I went to Sir John to be made an evidence, Sir John turned me out. After that, I went in again; Sir John then said he would admit me an evidence, if I would declare all I knew. And now I am come here, the door was open, I ll assure you; I broke no locks.

Q. to Constable. Did you make the prisoner drunk?

Constabl e. There were only two pots of beer among us all; he was sober when he made his confession.

Clark's Defence.

I happened to be out on the Monday night, and when I came home, there was my husband, and two men, his shop-mates; I sent for a pot of beer; I know no farther about it: as I was going into Whitechapel; to buy a bit of meat, they took me up.

Rouson. This is the very woman that measured the cloth; she measured from her nose end to her finger's end for a yard.

Robinson, Acquitted .

Rouson, Guilty . Death .

Clark, Acquitted .

(L.) Robinson and Rouson were a second time indicted, for that they, on the first of January, about the hour of three in the night, the dwelling-house of Jane Victoire , widow , and Richard Day , did break and enter, and stealing forty-eight pieces of leather, cut for soles, and twenty pieces of leather, cut for heels of shoes, value 5 s. the property of the said Jane and Richard, in their dwelling-house . ++

Richard Day . Mrs. Victoire and I live in one house, at Holborn-bridge ; we are partners: the rent is paid out of the partnership-stock: we carry on the business of shoemaking . Last Sunday morning, about three o'clock, we were alarmed by the watchman knocking at the door; I came down, and found the cellar window broke open: I went into the cellar with the watchman; there I missed some leather soles and heel-pieces.

Q. Was the cellar window broke?

Day. One of the bolts was forced off; the other was easily wrench'd off: the window is under the shop, and there is a way up into the house.

Q. Was it fast over night?

Day. I am very positive it was.

Q. What time did you go to bed?

Day. We went to bed between twelve and one in the morning. On the Tuesday following, in the evening, one of Sir John Fielding 's men called at our house, and told me they had the thieves and some leather; I went to Sir John's, and found the leather, the same as is described in the indictment, our property; some of it is marked with chalk: they asked me if I could swear to it? I said, I could, and did. I heard Robinson say, that Rouson came into the cellar, but that he did not: that Rouson gave him the leather out: several people heard this besides me: this was at the Blackeney's Head, hard by, after we had been at Sir John's.

Q. What did you say to him before he declar'd this?

Day. I asked him what he did with the leather that he took out of the cellar? he said, he sold it to somebody for half a guinea. Robinson said Rouson took the leather of him; and then Robinson took and carried it to his lodgings, in Black-boy alley. I asked him what he did with it afterwards? then he made me that answer, he sold it for half a guinea.

Q. Did you see Rouson there?

Day. No, I did not; to know it was him: I missed more leather than we found again.

William Haliburton . The first of my seeing this leather was at the house of Clark, in the Butcher-row, East-Smithfield: I went there, by Rouson's directions; that was in a large flasket: we went, intending to find things belonging to Mrs. Bennet; Rouson was taken up on Mrs. Bennet's affair; Robinson was not then taken up: I was watching Mrs. Bennet's things, at a public house: I had seen the leather lying about at Clark's, but it was brought to me in a flasket; this was, I think, in a street called Queen-street: we brought the leather to Sir John Fielding 's, in the coach along with Mrs. Bennet's things; there was a lad there that heard this shop was broke open; so we called upon Mr. Day, and told him there was some leather found, and desired him to come up to Sir John Fielding 's, for we had two people taken up, which we suspected had stole the leather: when we came to Sir John's, I heard Robinson say, they had half a guinea of Clark, but did not hear them examined on this affair.

Joseph Adgett . I am a headborough: I saw the leather lying about, when I went to Clark's about Mrs. Bennet's things; one of Mr. Fielding's men took it in a flasket, up to the alehouse; when we came to Mr. Fielding, he gave it me in charge; this is it; (produced and deposed to by Mr. Day) I asked Rouson what was become of the rest of Mr. Day's leather? I believe he said, he brought it all there, but what was become of it he could not tell: I did not hear them examined before Sir John.

Robinson's Defence.

When Rouson gave me the leather into my hands, I carried it home; and when I was at home, he went to Mrs. Bennet's, and opened the door, and came and told me he had opened it; said he, will you go and see if there is any thing? I said, I did not care if I did; I went down, and he gave me hold of a bag of linen first; we carried that home, and went back again; then he gave me another bag of linen, and we carried that home.

Rouson's Defence.

I beg the mercy of the court.

Both Guilty . Death .

143. (L.) Gilbert Morris was indicted for stealing a watch, with the outside case made of gold and the inside case of metal, value 12 l. and a metal chain , the property of James Hogg , December 15 . ||

Esther Hogg . I am wife to James: we keep a public house in Stoney-street, in the Borough, the sign of the George ; the prisoner was drinking in my tap-room, on Friday the 13th of December: I generally hang my watch in the bar, but whether it was by my side or in the bar I cannot say; I lost it that day.

Q. Did you know the prisoner before?

E. Hogg. I never saw him before, to my knowledge; I saw him since, before Sir John Fielding , then I knew him again.

Q. What sort of a watch was it?

E. Hogg. A very small watch, the outside case quite plain gold, the inside case metal, and a metal chain: I had no suspicion of the prisoner: I advertised it, and he was stopped by a Jew.

Q. When had you seen it last?

E. Hogg. I wound it up about eleven o'clock, and I did not miss it till a little after one that day.

Q. Was the prisoner there when you miss'd it?

E. Hogg. He was gone. (Produced and deposed to.)

Jos. Bareau. I live in Petticoat-lane, and am a glass engraver. I am a Jew: on Monday evening, I believe the 15th of December, the prisoner at the bar, and two others, asked me if I would buy a watch; the prisoner had it: I said yes; he shewed it me; he asked six guineas for it: I thought he did not come honestly by it: I stopped him with it: I asked him how he came by it; he said, he found it in a tap-room, on the other side the water, under a table: when he came before Sir John Fielding , he said the other two men knew nothing of it, but he found it himself; this he said twice. On the Friday following I read an advertisement about it; the gentleman was sent for. Sir John Fielding asked the prisoner, why he did not acquaint the people of the house with it, when he took it up: he said he took it up, and said nothing to any body; he said it was all gold.

Prisoner. I am a soldier, and was quartered at Wapping: I never offered to sell it; I took it out of my pocket, and he and five or six more came and took me, and carried me before Sir John Fielding . I found it in the street.

Q. to Bareau. Where did you first see the watch in the prisoner's possession; I mean whether in the city or not?

Bareau. In that part of Petticoat-lane that is in Middlesex; and carried him to my house, which is in the city of London.

Q. Who was possessed of the watch, he or you, when you came into the city?

Bareau. I had it, and never delivered it to him again.

The felony could not be committed in the city; and as the London Jury were charged with it, they were obliged to Acquit him .

141. (L.) Mary Bell , widow , otherwise Mary, wife of Robert Bell , mariner, was indicted for the wilful murder of Elizabeth Allen , spinster December 7 . She stood charged on the coroner's inquest for manslaughter.

Elizabeth Fawcett . I cannot recollect the day of the month I was at my father's house: he keeps the Cart and Horses, a public-house, in Old-street : it was more than a month ago; the prisoner and deceased sat seemingly very friendly together; I drawed them two pots of purl; there was a man with them; he drank part of it; he left them about a pint in the second pot, and went away: the deceased, Elizabeth Allen , was very much in liquor, and she laid her head on Mary Bell 's shoulder; Bell offered to hit her with her elbow, and said, You whore, don't lay your head upon my shoulder: the deceased said, I am surprized you should call me whore, when you know you are a greater whore than I. Bell said, I am a married woman, and if you call me whore again, I'll split your skull. She got up, and threw some purl in her face; then the deceased got up, and called her whore again: then Bell struck her with the pint pot a very violent blow, and the deceased in endeavouring to get up, fell down on her face, and remained senseless some time, continuing in a sit; I then went on my knees, and took the deceased's head into my bosom: Bell still kept the pot in her hand, till I took it out, and said, you have killed the woman I believe: Bell said, d - n her heretic blood; then some words passed between my mother and she: Bell went out at the door, and when she was gone, I washed the deceased's face, and put a handkerchief on her wound, and another round her head.

Q. Did you see the wound?

Fawcett. No, I did not: she had very thick hair, and I bled terribly: by that time she was pretty well recovered. My mother asked her if she had any friends belonging to her? she said, she had some, but she had been a very bad girl, and thought they would not look on her. My mother desired her to go and fetch a warrant for the prisoner: she went out, in order so to do, and appeared better than I expected: I saw her after that, on Monday, in the hospital.

Q. What day was this?

Fawcett. This was on a Friday; she then appeared in very good spirits, and said she should do well again.

Jane Hall. I am mother to the last witness. I was not up when the prisoner and deceased first came in, but was soon after. I was at breakfast, and saw the deceased loll her head on the prisoner's shoulder; she pushed the deceased with her elbow, and said, d - n you, why do you loll your head on me, you whore. Said the other, if I am a whore, you are a whore as well as me. The prisoner said, I am not: you know I am a married woman, and if you call me whore again, I'll split your skull: the deceased then said, Moll, you are a whore: the prisoner then tossed the purl in her face; the deceased made an offer to get up to resent it, and the prisoner struck her with the pot, and she fell down in a fit. After my daughter had put some sugar into the wound, and bound up her head, I sent for Mr. Webb, the constable, to secure the prisoner: he told me he could not take charge of her without a warrant. When the prisoner came to herself, I persuaded her to go to Hicks's-hall for a warrant; she seemed then pretty well, and went away, and I never saw her afterwards.

James Webb . I am a constable. I was sent for. I went and saw the deceased sitting on a bench, with her head bound up: I went home again, and a little before twelve o'clock, the constable from Clerkenwell came into Swan-alley; and seeing the deceased in her blood, he came and desired me to go with him; I went to the sister and brother-in-law of the prisoner; there was the prisoner: she said, what is the matter? I said, I believe you are the woman that has killed a woman. Said she, if I have killed her, I must be hanged for her. I had much ado to get her out of the house, fearing an Irish clan of them: I got two people to guard and help her along: she behaved quite turbulent, and was very loath to go, so that I had a great deal of trouble. I took her to Hicks's-hall, before a magistrate; she was committed to New Prison. When the mob followed her, she said to me, give me your stick, and I'll clear my way of them all.

Q. Was she sober?

Webb. She appeared to be sober, and walked as well as a woman could walk.

Anne Wilkinson . I was going by, by accident, when the deceased fell down in her blood, in Swan-alley; there was a great mob of people, and some said the woman was murdered: she was taken up, and carried to the Man and Compass, a public-house, where she was brought to herself. She had been in a sit, by the loss of blood; she gave an account that Mary Bell did it, and where it was done: then she was brought out, and put into a wooden chair, and carried to the hospital; I went with her there; I covered her with my cloak, and staid there till her head was dressed. The next day being Saturday, I went again, and went four times in all: the last time, I found her dead.

Mr. Lucas. I am dresser to Mr. Crane, the surgeon to St. Bartholomew's hospital.

Q. Explain what you mean by dresser.

Lucas. There are walking pupils and dressing pupils. I was called upon to attend on the deceased on the 7th of December: she was taken into the hospital, for the cure of a wound upon her forehead.

Q. Did you examine that wound?

Lucas. I did; and found it about an inch and a half in length, and the bone partly bare, but no fracture: I did not imagine it would prove mortal: she had no bad symptoms, but recovered very fast. It continued well about ten days; at which time she was seized with a fever, for which Mr. Crane ordered her to be put under the physicians care.

Q. Do you think that fever proceeded from the blow?

Lucas. It is not in my power to tell that.

Q. Have you been there any time?

Lucas. I have dressed partly under Mr. Crane, and partly under Mr. Potts: I was an apprentice in the country.

Q. Did you see her dead?

Lucas. I did.

Q. How long did she live after she was seized with the fever?

Lucas. She died in a few days after, under the physicians care.

Q. Did she live regular?

Lucas. I don't suppose she followed very closely to what was directed.

Q. In what manner do you mean?

Lucas. I believe she got up before she was ordered to do it.

Q. What is your opinion and judgment, and the reason of your belief?

Lucas. I have seen instances, where a fever has come on, after a blow on the head; but there was a fever stirring in the hospital at that time, but whether this was from that, I cannot tell.

Q. Had she the same species of fever, as others in the hospital?

Lucas. That should be had from the physicians.

Q. What is the best account you can give?

Lucas. I think it impossible to determine, except the head had been examined after she was dead, which it was not.

Q. Do you think the wound caused the fever?

Lucas. I believe the wound would rather have prevented a fever, than have caused it: there is a a material difference between the blow and the wound. If this blow was the cause of her death, I suppose it must have been from some disorder on the brain.

Acquitted .

145. (L.) James Tonkin was indicted for unlawfully and feloniously setting fire to the dwelling-house of Thomas Fenner , December 11 . +

Thomas Fenner . I live in Salisbury-court, Fleet-street . The prisoner has been apprentice to me four years and a half, or thereabouts: I have had the misfortune to have my house set on fire four times. On the 14th of September last, Esther Harald was sent up to shut the shutters, and draw the curtains, by my wife, in my hearing; we were then in the back parlour.

Q. Who is Esther Harald ?

Fenner. She was my servant. After she had been down about twenty minutes, a neighbour knocked very hard at my door, and said, the room backwards was on fire: I ran up as hard as I could, and when the door was open, I saw the furniture of the bed on fire; the maid ran up after me: I turned to her, and desired she would go and bring me some water, for the curtains were on fire. Soon after that, the prisoner came down, out of the garret: he was ordered to go for water, but no water came up; that I did not know the meaning of. I burnt my hands on the occasion very much.

Q. What was burnt?

Fenner. The furniture of the bed; the bed, and the waistcoat of the room was damaged by the flames, which is to be seen now.

Q. Did you see the wainscot on fire?

Fenner. I did.

Q. What family had you in the house?

Fenner. There was nobody but my wife and I, two lodgers up two pair of stairs, the prisoner and the maid, at this time: nobody was up stairs, but the prisoner.

Q. What are your lodgers names?

Fenner. They are a widow-woman, named Bolt, and her daughter.

Q. What time was this?

Fenner. The alarm was given between nine and ten at night. It was with some difficulty put out. On the 11th of December last, there was another alarm of fire, in the morning, about ten minutes after seven o'clock: I dressed myself, in order to go to Chelsea, in the room where the fire was after I was gone. I believe I was gone about four hours; the apprentice was at work when I went out: I left him and the maid in the house by themselves.

Q. What are you?

Fenner. I am a taylor.

Q. Had you and your apprentice the prisoner, any difference?

Fenner. We had, the night before, about a trifling affair; it was about a piece of work.

Q. What time did you come home from Chelsea?

Fenner. I came home between ten and eleven; then I found my house had been set on fire in two places: the wainscot and bed in the room where I lie, were burnt; this was my own bed: the first was a lodger's bed. My bed was on the ground floor, in a black room; all the furniture and bedcloaths were burnt almost to ashes, and the wainscot damaged very much. It may be seen now, so that in one place you may push your thumb through it.

Cross Examination.

Counsel. You say on the 14th of September, you sent Esther up stairs to shut the window; was that up one pair of stairs, or two?

Fenner. That is up one pair of stairs.

Q. Where was your wife?

Fenner. She was with me in the room.

Q. How is your wife for understanding?

Fenner. She is not right in her senses.

Q. How long has she been out of her senses?

Fenner. It may be three or four months.

Q. Was she out of her senses at that time?

Fenner. I believe she was.

Q. How old is the prisoner?

Fenner. His mother says he is almost sixteen years of age.

Q. Was she in your company the time this alarm was given, on the 14th of September?

Fenner. She was with me two hours before.

Esther Harald . I was servant with Mr. Fenner, in Salisbury-court on the 14th of September last; there were two women lodged over the room where the fire was, and a gentleman lodged in the room where the fire was; his name is Pickard, but he was not at home at the time.

Q. Who was at home at the time of the fire?

Harald. There were my master, mistress, myself, and the prisoner. I then went up to Mr. Pickard's room, to shut the shutters, and draw the curtains, and turn the bed down; this was, I believe, a little after nine o'clock: the prisoner was with me, and held the candle. After I had done, I went down stairs, into the back parlour, to my master and mistress: then he told me he would take the candle, and go to bed with it, but instead of that, he went down into the cellar, to clean some shoes; and I take it to be about half an hour after, I heard him go by the parlour door, to go up stairs; it must be him, for there was nobody to go up but him, we being all in the back parlour. About five minutes after I heard him go up, I heard somebody knock at the door, and say the house was on fire, up one pair of stairs backwards: my master and I went up stairs together, and a little after I came down for water, I saw the prisoner come down behind me.

Q. Did you see him in the room where the fire was?

Harald. No, I did not. He came down from above the room where the fire was.

Q. Had he any candle with him?

Harald. I did not see a candle. I went through a stone-yard, into the kitchen: there was a water in a tub.

Q. Did the prisoner help you to carry water?

Harald. I can't say he did. I thought he rather hindered me.

Q. How hindered you?

Harald. Through confusion: the spiggot was lost some how; I don't know how.

Q. Did he carry up any water?

Harald. I don't know that he did.

Q. How many pails had you?

Harald. There was but one of ours; but there were a great many of other people's, in a very little time.

Q. Did you see any thing on fire?

Harald. When I was up stairs, I saw the curtains of the bed on fire.

Cross Examination.

Q. Where were the gentlewomen that lived over the room where the fire was?

Harald. They were both out.

Q. After you had shut the window, and put the bed to rights, what became of the prisoner?

Harald. He and I came down stairs together.

Q. Are you sure it was the prisoner you heard go up, after you was below?

Harald. I am pretty sure it was, because nobody else could: there was nobody there besides him.

Q. Did the prisoner appear frighted?

Harald. He did not appear much frighted.

William Boddington . I am a baker, and live in Salisbury-court. I was coming from the Lyon in the Wood, about half an hour after nine o'clock: I live about ten doors below where the fire was; as I was turning the corner, a person came and said, I have been knocking at the door, just at the corner of the square; there has been a fire: said I, there has been a fire there three times, within these three or four months; they must do it on purpose. I went in, and ran up stairs, and saw the bed curtains all in a flame, and the room in a smother.

Q. When was this?

Boddington. This was on the 14th of September: there were two lads went in with me. We got to tearing all the valence down, and I had my right hand much burnt: I took and threw the bed up, and brought down the posts of the bed together. We called for water, but there was no pail to be found: when we got the bed down, the corner of the room was on fire. I went down, and found the spiggot out of the tub, and the water running about: I called out, for God's sake, where are the pails? there were none to be found: after that, the cork-cutter's boy came with one full of water: I ran up with that pail, thinking the engines were coming, and quenched the curtains; then more pails came, which we threw about the wainscot; the engine came and played in at the window, and got it down. After that, it seemed to smoke very much behind the wainscot, and we pulled out a pannel, and saw that all was safe: the cornice of the room and the bed were very much burnt.

Cross Examination.

Q. Did not the prisoner come up into the room, to assist in putting it out?

Boddington. No, he did not, as I know of. I saw him below, where the water-tub was, but no where else.

Mary Crab . On the 11th of December, I lived with Mr. Fenner: that morning I came down, and lighted my fire in the back parlour. I turned the bed up, and by and by, there came a great smoke: I wondered what was the matter; my master was gone to Chelsea; I said, where can this smoak come from Jemmy I went to the entry, and there was such a smoke, I could not see the door. I went into the other room, and coming back again, I heard something crack: I went down into the kitchen, and under the stairs, was a fire on some chips, which we had to light the fire: the prisoner helped to put it out.

Q. What time was this?

Crab. This might be betwixt eight and nine o'clock: then we came both up into the back-parlour again. There three times he said to me, why don't you go down, and see if the fire is safe below: I went down, and felt all round, and found it all cold: I was below I believe three minutes: I came up again, and came into the parlour, and my master's bed that I had just turned up, was all on fire.

Q. Where was the prisoner when you went down?

Crab. He was standing just at the parlour door.

Q. Could there be any connection with the fire on the chips, and the bed?

Crab. No, there could not: it did not get hold of the posts. When I saw the bed on fire, I called out, Jem, Jem, Jem, come, the bed is all on fire; he came down, and we put it out: the curtains were burnt all to pieces; the bedding, blankets, pillows, and bolsters, were burnt; the bedstead was burnt, the bed was half burnt, and the flame had just catched the wainscot: there was one pannel damaged, just behind the middle of the bed.

Q. How long had you lived in that house?

Crab. I came in the room of the other servant, the evidence, when she was turned away.

Q. Was your mistress at the home at the time of the fire?

Crab. No, she was not. (The bolster produced in court, very much burnt).

Q. Could you form any judgment, how it came?

Crab. No, I could not.

Q. Did you see any dog, or cat, or animal in the room?

Crab. No, I did not.

Q. What became of the prisoner, after you had put the fire out?

Crab. He went up stairs, and after that, Mr. Dutton came in.

Q. Have you a cat in the house?

Crab. We have a cat in the house, but I did not see her there, when the bed was on fire.

Cross Examination.

Q. Who gets up first in the morning, the prisoner, or you?

Crab. The prisoner is up before me.

Q. What did you light the fire with that morning?

Crab. I lighted it with some of the chips out of that hole where I saw some on fire.

Q. Did you carry the candle in your hand, when you went for them?

Crab. I did; but I set the candle on the outside of the hole: I always am fearful of fire.

Robert Dutton . I am servant to Mr. Fenner. On the 11th of December, I came to work in the morning, about a quarter before nine, and was let in by Mrs. Crab. I had not gone above half the length of the passage, before I saw a large quantity of dirty water and feathers, floating upon the floor. I said to her, pray what has been the matter? she said in a sorrowful manner, a fire had happened: I said, I hoped not a fire again? she said, yes indeed there has. I said, pray how did it happen? she declared she did not know; that she had been down stairs but a few minutes, and when she returned, she saw the bed all on fire. I went to the parlour door, to see what damage was done: the prisoner opened the door: I said, do you know how this happened? he said, no. I asked him where his master was? he said, he was gone to Chelsea; that he went between six and seven. I said, had you any engines? he said no, Mrs. Crab and he put it out: but he was surprized how they did it, there being so much of it. I then directed my discourse to Mrs. Crab. I went up into the garret, and found one of the casements open, and wondered what could be the cause of it: I went down again, to assist in putting the things to rights: I found a quantity of chips among the things in the bed: I could not help observing the behaviour of the prisoner, who seemed to behave more by way of diversion rather than otherwise: I took these chips up; some were burnt to cinders, and some half burnt: I began to suspect something wrong. When we had taken up all the pieces of bed furniture, and cleared away the water out of the room, I began to observe the wainscot, and found one part of it exceedingly burnt, more than the rest; I believe it was three parts through; I think I could have pushed my thumb through it: the door was pretty much burnt: Mrs. Crab said the middle of the bedstead turned up against that part that was much burnt, I said it was very odd which way fire could come between the bedstead and the wainscot; I am afraid fire has been put there, on some bad design. The prisoner immediately answered in a very surly manner, No, the middle was not in that place. Observing him so surly, I said no more, but thought to take another opportunity to talk to him, when working by ourselves. Then the next day, I said there was a great deal of mischief done below, it is very odd to me a great deal of smoke did not come up stairs: said he, there was a great deal, and I was obliged to open the casement, to let it out. I said, it is very odd you did not go down stairs: no, said he, I did not; but soon after Mrs. Crab called me down. I said, I would have gone down to have seen what was the matter; for you knew very well, that chimney never used to smoke, and there was but one fire, from whence you must conclude the smoke must come; and you must open the window and stay till you are called: said he, what do you think I would sit here to be stifled with smoke, and not open the window to let it out? there is a person below, able to take care of the house, and I thought I had no business with it. The next day I said, was you down stairs, James, when the fire was, before you was called? he said, yes, I was. What did you go down for? I went down to desire Mrs. Crab to save me a bason of tea, for he knew his master would not be back soon. What, said I, was this silly old woman, Mrs. Crab doing, when you went down stairs? he said, blowing the fire. I said, in what position was the bed? he said, turned up, as usual. How long did you stay below? he said, about four or five minutes, and he left her blowing the fire. How long might it be before you was called down, after that? he said, about twenty minutes. Was there a great deal of smoke came up? yes, a great deal; and the first thing he did when he went down, he said, was, he pulled the bedstead from the wainscot, and got a knife, and cut some of the bed-cords. and pulled the bed on the floor; then he got a pail of water, and threw into the middle of the bed. I asked him some time after, which way he supposed this could happen? his reply was, you are to understand, Mrs. Crab is blind on one eye, and I imagine she had gone too near the bed with a candle, and set the curtain on fire. Then I pressed the matter pretty hard upon him: he at first denied it very strongly, and resented it very much. At last he began to be very silent: then I was so too. On the afternoon, on the Saturday, I began again, in the mildest and softest terms, relative to the heinousness of the crime, and the punishment I thought due to such a person that could be guilty of doing such a thing; and that his master had told me he would have him before a magistrate: he seemed very much concerned, and tears came. I told him there was but one way to escape the danger, and that was to confess the fact, and beg pardon for it; and if he could not speak to his master himself, I would solicit for him. I pressed him with such like arguments, but to no purpose, till about 8 or 9 o'clock: he said, you know we have a strange cat in the house; said I, I know it: said he, that morning, I chanced to go into the back parlour, and there was nobody there: I saw this strange cat sitting under the stove, and I frighted her away, or pulled her away, and she ran into the bed: there was a red hot poker in the fire; I took that, and threw into the bed after her, and that was the way that it happened; and he left the poker there. I asked him the reason for leaving it, and he said he forgot it, and that was the way it happened. But James, said I, this red hot poker could not set the house in such a flame, in such a time; because when you saw the cat run away, you would naturally take the poker out again: he said, no; I did not take it out again. I said, what, and did you leave it there? he said, yes, I did. I said, what could be your reason for that? he said, I don't know; I forgot it. Said I, I am afraid you have not told me the right of it: he said, yes, I have; and if you don't chuse to believe it, you may let it alone.

Q. Have you ever seen a strange cat there?

Dutton. I have; a sort of a tabby cat, a strange cat: she was a very familiar one.

Cross Examination.

Q. Have you never heard him say this cat had stole his victuals?

Dutton. No, I never have heard him say such thing.

Q. What is the prisoner, as to his capacity?

Dutton. He is a lad of a common capacity, considering he has had no education.

Q. How old do you take him to be?

Dutton. He is about 16 years of age.

Q. Did you never perceive he was a weak lad?

Dutton. I never perceived any uncommon weakness in him.

Q. to Mrs. Crab. Did you leave a poker in the fire that morning?

Crab. If I did, I do not recollect it.

The prisoner said nothing in his defence.

For the Prisoner.

John Veal . I have known the prisoner about five or six years.

Q. What is he, as to understanding?

Veal. He is a simple lad, but I believe very honest. He is rather weak than sharp.

John Tompkins . I have known him 16 years; ever since he was born.

Q. Where was he born?

Tompkins. He was born in Bristol.

Q. How long has he been in London?

Tompkins. He has been in London about twelve or fourteen years.

Q. What is his general character?

Tompkins. Always just and honest.

Q. How is he, as to capacity?

Tompkins. He is rather an ignorant boy, not over sharp.

Mrs. Veal. I have known him about three or four years.

Q. What is his general character?

Veal. He is a very honest lad, but very ignorant; not so sharp as some people are.

John Morgan . I have known him about four years; his mother lives in an apartment of mine. I have seen him come backwards and forwards.

Q. Have you conversed with him?

Morgan. I have: he always behaved very civil and sober; he has a very honest character.

Q. How is he for understanding?

Morgan. He is childish and simple. I have asked him several questions; sometimes he has given me no answer, but smiled, and turned away from me.

Acquitted .

146. (M.) Barbara Waller , spinster , was indicted for stealing a linen apron, value 2 s. the property of Peter Gravenell , September 17 . ++

Acquitted .

147. (L.) John Allen was indicted for knowingly and falsely pretending to John Beal , servant to Robert Stark , that he was sent by Joseph Boronee , for ten guineas, for the use of the said Joseph, by which means he fraudulently obtained the same , &c. October 6 . ++

Acquitted .

148. (L.) Thomas Booth was indicted for conspiring, (together with John Cook , Thomas Williams , and Uriah Scofield , not taken) all journeymen taylors , with intention to advance their wages, and lessen the hours of work .

No evidence was given.

Acquitted .

149. (L.) John Fitzpatrick was indicted for wilful and corrupt perjury .

No evidence given.

Acquitted .

John Moreton , Thomas Stone , John Watkins , George Mitchell , William Whitton , and John Weskett , capitally convicted last Sessions, were executed on Wednesday the 9th of January.

The trials being ended, the court proceeded to give Judgment, as follows:

Received Sentence of Death Seven.

Richard Deale , Matthew James , John Robinson, John Rouson , John Ward, John Sullivan , and Edward Williams .

Transported for Fourteen Years, One.

Alice Roney .

Transported for Seven Years, Twenty-two.

Mary Felton , John Foster , Joseph Davis , Richard Imer , Frederick Young , James West , John Hussey , Alexander Connell , John Wallis , Moses Lawton , John Morris , Thomas Hockley , Mary Vander , Morris Pearce , John Saverin , Catharine Clark , Catharine M'Farley, James Johnson , John Saintree , Nicholas Langham , Christopher Mackdaniel , and Francis Farrel .

Branded, One.

Daniel Williams .

Whipped, Three.

Amelia Green, John Adams , and Sarah Turner .

John Moreton , Thomas Stone , John Watkins , George Mitchell , William Whitton , and John Weskett , capitally convicted last Sessions, were executed on Wednesday the 9th of January.

This Day is Published, Price SIX-PENCE,

An authentic Narrative of the Methods by which the Robbery committed in the House of the Right Hon. the Earl of Harrington, in the Stable-Yard, St. James's, was discovered: with some remarkable Anecdotes, and Original Letters, sent to Sir John Fielding on the Occasion. Printed in a proper Size to bind up with the Sessions-Books.

By Mr. JAMES BEVELL , Steward to LORD HARRINGTON .

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Curiously engraved by the best Hands, a new Edition, being the Fifth,

Dedicated, by Permission, to the Right Hon. JOHN, Earl of BUCKINGHAMSHIRE, Baron of Blickling, one of the Lords of the Bed-chamber to his Majesty, and one of his Majesty's most Honourable Privy-Council,

BRACHYGRAPHY; or, SHORT-WRITING made easy to the meanest Capacity. The whole is founded on so just a Plan, that it is wrote with greater Expedition, than any yet invented; and likewise may be read with the greatest ease.

By T. GURNEY, Writer of these PROCEEDINGS.

Sold by Mr. Buckland, Mr. Rivington, Mr. Keith, Mr. Curtis, Mr. Field, Mr. Dilly, Mr. Kearsley, Mrs. Enion, Mr. Horncastle, Mr. S. Noble, Mr. Carlton, and Mr. Sumpter, Booksellers, and by the Author, at his house, on the Narrow-wall, Lambeth.

Note, The Book is a sufficient instructor of itself, but if any Difficulty should arise, all Letters (Post paid) to the Author, shall be duly answered.