Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 16 April 2014), February 1765 (17650227).

Old Bailey Proceedings, 27th February 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 Country of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 27th, and Thursday the 28th of FEBRUARY; and on Friday the 1st, and Saturday the 2d of MARCH.

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

NUMBER III. PART I. 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.

BEFORE the Right Honourable Sir WILLIAM STEPHENSON , Knt. Lord Mayor of the City of London; Sir Henry Gould , Knt. *, one of the Judges of the Court of Common-Pleas; George Perrott , Esq; +, one of the Barons of the Court of Exchequer; James Eyre , Esq; Recorder ++; and others of his Majesty's Justice of Oyer and Terminer, of the City of London, and Justices of Gaol-Delivery of Newgate, holden for the said City and County of Middlesex.

N. B. The *, +, and ++, refer to the Judges before whom the Prisoner was tried.

L. London, M. Middlesex.

London Jury.

Edward Woodcock ,

Charles Tyrell ,

William Clare ,

James Smith ,

Thomas Milner ,

John Shelton ,

Isaac Charteer ,

Edward North ,

John Bennett ,

James Benwell ,

Thomas Snape ,

William Burrell .

Middlesex Jury.

Collin Dollinson ,

Edward Crace ,

John Platt ,

George Bickham ,

Adam Dunkley ,

James Portius ,

Charles Storey ,

James Marriot ,

Henry Turing ,

Thomas Greening ,

George Vale ,

Isaac Parry .

150. (L.) John Roberts was indicted for stealing eight cod fish, value 8 s. twelve haddocks, seventeen flounders, ten lobsters, and a wicker-basket , the property of Simon Fox , Feb. 7 . +

Simon Fox . I live in Kingstone, am a waterman, and buy and sell fish ; I use the George under the Piazzas, at Billingsgate . Last Monday was fortnight, I lost a basket from thence, with the fish mentioned in the indictment. Going about to see if I could meet with them again, I catched the prisoner with them on his head, in Bishopsgate-street: my name being on the basket, I took him by the collar, and said, are not you a villain and a rogue, for stealing my fish? he stood like a saint, and said nothing. I led him down to Billingsgate; he began to be obstropulous, but I secured him.

Thomas Austin . A man asked me to help him up with a basket of fish: I took but little notice of his person, but I believe the prisoner to be the man: I said, aye my cock, I will, and helped him up with them.

Prisoner's Defence.

I was in liquor, and know nothing of it.

Q. to Prosecutor. What time of the day did you meet with the prisoner in Bishopsgate-street?

Prosecutor. It was between nine and ten o' clock; he did not appear to be drunk.

Guilty . T .

151. (M.) Richard Bannister was indicted, for that he on Joseph Crumholt did make an assault, on the king's highway, putting him in corporal fear and danger of his life, and violently taking from his person three linen shirts, value 20 s. the property of Joseph King , and one linen handkerchief, value 6 d. the property of Christopher Arnold , December 22 . *

Joseph Crumholt being but ten years of age, could not be examined.

Elizabeth Arnold . I am mother to Joseph Crumholt . I delivered three linen shirts, tied up in a handkerchief of mine, to carry to Mr. Joseph King , on the 22d of December, about half an hour after two in the afternoon; they were Mr. King's property: I had them to make for him: my daughter and I had made them.

Q. Where does Mr. King live?

E. Arnold. He lives in 'Change-court, Exeter 'Change.

Q. What is your husband's name?

E. Arnold. His name is Christopher. About four that afternoon my child came home again, and told me the shirts were taken from him, and he had been to Sir John Fielding 's to give information of it. Then I went with him again to Sir John's, and was informed, that a warrant was granted against the prisoner. I came home, and was sent for again: I and my child went: we went with a constable to the prisoner's lodging, between five and six.

Q. Did you know him before?

E. Arnold. No, I did not.

Q. Where did he lodge?

E. Arnold. On Saffron-hill: there we found two of the shirts lying on a chair. I saw the prisoner searched at a public house, and my handkerchief was found upon him. (Produced, and deposed to by a couple of darns on it.)

Cross Examination.

Q. Are there any marks on the shirts?

E. Arnold. There are not.

Q. Then what do you know them by?

E. Arnold. There are two damaged places on them; one I darned up myself, and that on the other shirt still continues a hole. She shewed the places on each.

John Adams . I saw the prisoner searched at the Blakeney's Head, near Justice Fielding's, on the 22d of December. Mr. Stevens, the constable, gave me charge of him, while he went to search his lodgings. He came back, and said they had found the shirts: then the woman asked if they had found a handkerchief: then we searched him, and I saw the handkerchief taken out of his breeches from behind him: she said, if it was her handkerchief, there was a darn about the middle of it: she took and shewed the place.

Mr. Stevenson. I took up the prisoner at Miss Conoway's, on Saffron-hill, where I was informed he lodged, with a warrant, for breaking a woman's windows. When I brought him to Sir John Fielding 's, the boy that had lost the things was there to acquaint Sir John of it. He said, This is the man that robbed me, as soon as he saw him. After that Mrs. Arnold came, and Sir John sent me with her to search the prisoner's lodging: we found two shirts lying in a chair, and the maid of the house owned she had pawned the other for the prisoner, and directed us, where we found it.

Mary Tagg . I live with Mrs. Conoway, on Saffron-hill: the prisoner brought these three shirts tied up in a handkerchief, and asked me to go and pawn one of them: he said they were his own.

Q. What day did he bring them home on?

M. Tagg. It was on Saturday, the 22d of December.

The prisoner said nothing in his defence.

Guilty of felony only . T .

152. (M.) Elizabeth Bourn , spinster , was indicted for stealing one copper tea-kettle, value 1 s. and two pewter plates, value 8 d. the property of Rowland Welstead . Jan. 15 . *

Eleaner Welstead. I am wife to Rowland Welstead ; we keep a public house in St. Giles's . The prisoner came in for a pot of beer on the 15th of January, between ten and eleven at night. I missed the things mentioned in the indictment the next morning: she was suspected, taken up, and charged with the fact, and confessed she did take them, and told where she had pawned them, where they were found. (Produced in court, and deposed to.)

Guilty. 10 d. W .

153. (M.) John Gray was indicted for stealing a silver mug, value 7 l. a silver table spoon, value 12 s. and two silver tea-spoons, value 2 s. the property of Edward Jones , Jan. 24 . +

Edward Jones . I keep the Queen Charlotte's Head, a public house, in Knaves-Acre . The prisoner and two other men came into my house on the 24th of January, about eight at night; they called for six-pennyworth of rum and water, and, after that, another. I made it; the prisoner asked me to drink; I did; there was then a silver mug, which weighed 28 ounces and a half, standing on the table, which some people had been drinking out of, which was missing after the three men were gone.

Q. Were any other persons in that room before you missed the mug?

Jones. No, there had not: we missed it in about two hours after they were gone. I was at home all the time.

Q. Had you known the prisoner before?

Jones. No, I never saw him before. I lost two tea-spoons out of the tea-chest, and a table spoon out of a closet in the same room, at the same time: I have since advertised them, but never heard any thing of them.

Q. How many people are of your family?

Jones. I have a servant maid, a relation, and my wife.

Prisoner. I never was in the prosecutor's house since between eight and nine months ago.

Joseph Russell . I live in Knaves-Acre, opposite the prosecutor's house: I was at Mr. Jones's that evening about eight o'clock; I saw three men come in; the prisoner was one of them; they called for six-penny worth of rum and water.

Q. Are you certain the prisoner was one of the three?

Russell. I am.

Mrs. Jones. I am wife to the prosecutor. I remember three men coming into our house on the 24th of January; they came first about four that afternoon; they called for six-pennyworth of rum and water, pen and ink, and wanted a back room. I said our back room was full of company, they might go up stairs, but there was no fire. One of them said, Then we will go down there; I suppose, meaning some other house: then they turned round to me, and said, We will call again, and they went out. They all came in again much about eight, and called for six-pennyworth of rum and water, and went directly into the parlour: I made them six-pennyworth, and carried it in myself, and shut the parlour door, and came out.

Q. What did you carry it in?

Mrs. Jones. I carried it in a china bowl. When they went in, there was a silver mug on the table, and a large silver table spoon in a closet, and two spoons in a tea-chest. After that, my husband made them six-pennyworth of rum and water in the china bowl. I cannot take upon me to say I know either of the three men; there was a relation of mine, and a nephew of my husband's, at the same time at my house; they and the maid are here.

Michael Eaton . I am a relation of Mr. Jones's; I was up one pair of stairs in the fore room, at the time the mug was missing.

Esther Hickle . I live with the prosecutor; I am related to Mrs. Jones; I was up stairs when the three men came in, and was not down till the mug was missing.

Elizabeth Harling . I am servant to Mr. Jones; I did not see the men come in, nor go out, being about my business in the kitchen and above stairs; I did not see them at all.

Prosecutor. There was nobody came into that back room after the three men went out, till the mug was missing. My wife and I were one of us at the bar and in the tap-room; had any body come in, we should have seen them.

Prisoner's Defence.

I never was in the prosecutor's house at that time, nor for above eight months before.

He called William Terry , at the Golden Cross, Westminster; James Polack , chandler, in Broad St. Giles's; George Ford , New-street, St. Giles's; John Evans , journeyman carpenter; and Walter Jones , who gave him a good character.

Acquitted .

154, 155, 156. (M.) John Ryan , Mary his wife , and Jeremiah Ryan , his son, were indicted for stealing a pair of silver shoe-buckles, value 10 s. a pair of cotton stockings, value 1 s. one silk purse, value 2 d. one linen purse, value 1 d. one piece of silver coin, called a rupee, value 2 s. two pieces of coin called Fernams, value 1 d. five guineas, and fourteen shillings, in money numbered, the property of John Morgan , in the dwelling-house of the said John Ryan , October 30, 1764 .

The prisoners were committed the 5th of December, 1764, and as the prosecutor Morgan was a Mahametan , they were continued in gaol for the opinion of their Lordships the Judges, as to his being sworn upon the Alcoran, which was delivered in court, by Mr. Justice Gould, in which they were unanimous that he might be sworn.

John Morgan . I am a Mahometan.

Q. In what manner are people of your profession sworn?

Morgan. I touch the book, the Alcoran, with one hand, and put the other hand to my forehead; then I look upon it I am bound to speak the truth. (He is sworn upon the Alcoran).

Morgan. I was born at Bengal. I have come here twice before, with Indiamen; and have been in England this time about seven months. I came over with a tyger for Sir George Pigot , who was governor of Madrass, and attend upon it for him now. I went from his house in Soho-square, where I live, to see a friend near Rosemary-lane , about four months ago, and staying later than ordinary, I wanted a lodging: I was recommended to the house of the prisoner, which I believe to be a bawdy-house: I went there about nine, and a brother Mahometan with me; he is now at the governor's country-house. I went up stairs, and pulled off my cloaths, in order to go to bed, and the woman at the bar came up, and took away the things, except my shirt and trowsers. I followed her down, and told her husband his wife had taken my money and things; (my money, five guineas and fourteen shillings, was tied up in a knot in my sash, that I wear about my waist, on my shirt) he took and held a poker to my head, and threatned to knock me down; and bid me go out at the door, and not dispute with him. I said but little, fearing he would break my head: he bid me go along, and called me Black D - l. I staid till morning at the door within side, I having lost all the things mentioned in the indictment; (mentioning them by name). I went in the morning, after I got my jacket again, to James Murry , hearing he was a constable: when we came to the house, the prisoner were not at home, but they were afterwards found and secured. I got my stockings and buckles again.

Q. Where was the other Mahometan that night?

Morgan. He lay in another room all night: he said in the morning, he then could not help it, but would go to the justice with me.

James Murry . I live in Rosemary-lane, about two hundred yards from the prisoner's house, which is up an alley, in Rag fair. The prosecutor is a Lascar; he came to my house that morning, without shoes or stockings, and told me he had been robbed, as he has now mentioned: I went with him to the prisoner's house, and took Mr. Cottrell along with us, he being a beadle, but neither the prisoner nor his wife were at home. We went to the public-houses to look for them, and was informed the man was at the Ship, in Well-street: we found him behind the bar, drinking a pint of purl; the prosecutor said he was the man. While we were talking with him, in came his wife; then the Lascar said, that is the woman: we took them away; but going along, they talked Irish together; so I took one, and Mr. Cottrell the other, to prevent their talking. We took them to the Justice in Whitechapel: before they were ready to examine them, the woman took this sash (which the Lascar calls his silk purse; it ties round him, and in which he ties up his money) she took it from under her arm, and was going to drop it, but a man took it out of her hand, and delivered it to me. (Produced and deposed to by the prosecutor.) When before the Justice, I opened it, and there were in it Two Guineas, a Rupee, and one Firnam: the woman was searched, and in her pocket was found Thirteen Shillings and Four-pence Half-penny, and a white purse. (The purse produced and deposed to by the prosecutor).

Richard Cottrell confirmed the account given by Murry.

Q. to Prosecutor. What do you say to the boy at the bar?

Prosecutor. I know nothing against him; only he said, if I would give him a shilling, he would tell me where I might find my things.

John Ryan 's Defence.

I had no part in it, was I to die this minute at Tyburn.

Mary Ryan 's Defence.

I am innocent. Whether the man had any money, I don't know: I am confined, and I don't know for what.

John and Mary Guilty of stealing, but not in the dwelling-house . T .

Jeremiah, Acquitted .

157. (L.) Mary Taylor , spinster , was indicted for stealing two guineas and one shilling , the property of Robert Wood , February 5 . ++

Robert Wood . The prisoner was servant in the house where I lodge: I lost two guineas out of my bureau at two different times; upon which, to find out who robbed me, I got two guineas and a half, and ten shillings and sixpence marked by an engraver; every one was marked in a different way, this was the 4th of February: I put them in my bureau, in the room where I lie; they were all there in the morning, and a quarter after two, I missed a shilling. I got a constable, and the prisoner was the first person that was searched, and in her pocket was found this shilling; (Produced in court: a small mark appeared upon it). I told the prisoner I would be as candid as possible, if she would confess; and she then did own she took it.

John Thompson . I marked the quantity of money mentioned, some on one part of the money, and some on another, all different; and when I got home, I set them down in my pocket-book; but whether I forgot in going home, this was not set down, so I cannot swear I marked it.

Prisoner's Defence.

The gentleman said, if I would own it, he would forgive me, and not send me to Newgate; and I did own it, though it was false.

Prosecutor. Since this affair, I have made it my business to enquire her character, where she has lived with people of credit, and find she has behaved well. I have reason to think a man has seduced her to do it.

She called Henry Lyon , Mr. Pool, Mr. Morton, and Mrs. Guess, who gave her a very good character.

Acquitted .

158. (L.) William Teares was indicted for stealing eleven pounds of sugar, value 7 s. the property of John Parry , February 6 . ++

Robert Griffith . I am servant to Mr. John Parry , a grocer . I was choping some sugar in the shop, on the 6th of this instant, about nine at night, in the middle of the shop: I observed a loaf of sugar moving upon the head of a hogshead; I went towards it, and saw a man go out stooping; I went to the door, and saw him drop it within three or four yards of the door: I took it in, and nobody being in the shop, I went no farther, but stood at the door, and saw him walk down the street about ten or a dozen yards; and turn over on the other side of the way, and come back again to our window, and take up a leg of pork and a piece of butter, which were lying against the wall, by our shop-window: then I seized him; I had my eye on him all the time: the prisoner is the person. (The sugar produced and deposed to).

Prisoner's Defence.

I had been to see a friend in High-holbourn; coming back, I kicked against a lump; I took it up, and went to the gentleman's window to open it, to see what it was; and he came and took me by the collar, and said, I was the man that had taken a loaf of sugar. I am a rope-maker.

Guilty . T .

159. (L.) Thomas Walker was indicted for stealing two pounds weight of tobacco, value 12 d. the property of persons unknown, February 5 .

Guilty . T .

160. (L.) John Matthews was indicted for stealing a deal box, value 10 d. one wooden case for knives, covered with fish-skin, value 10 s. twenty-four knives, with ivory handles, and twenty-four forks, with ditto, value 4 l. the property of John Bucannan , February 11 . ++

Robert Pain . On the 11th of February, I saw the prisoner at this box, on Botolph-wharf , between eleven and twelve o'clock; he was measuring it with his apron, and had got it half off the place where it stood. I then went about two or three yards from him; I went to the next key, and there watched him, and saw him rowl it into his apron, and bring it by where I was. I clapped my hand upon his apron, and said, Where are you going with this box, friend? he said nothing, but dropped it down, and ran away. In about seven or eight minutes after, he came upon the key again, and was taken by one of our gang's-men, and brought to me, on Summer's key.

John Jebb . When the prisoner was in my charge, the box was opened: there were the things mentioned in the indictment in it.

Edward Sturney . I am a watchman on the keys. I had the care of Mr. John Bucannan 's goods: these were his property: I was not on the spot when they were taken: I have the bill of parcels here. (Produced).

Patrick Coffe . I saw the prisoner take the box, and he might have gone away, if he had not been stupid, or out of his senses: he must certainly be in liquor.

Prisoner's Defence.

I was so heavy in liquor, that I did not know where I was: the next day they told me I was carried away in a cart.

Guilty . T .

161, 162, 163. (L.) John Bourn , John Burgin , and James Spearing , were indicted for stealing ten pounds weight of aloes, value: 4 s. the property of Jacob Burnell : it was also laid to be the property of persons unknown, January 26 . ++

James Taylor . I was discharging a lighter from on board a Barbadoes ship, at Bear-key . On the 26th of January, about two or three in the afternoon, I missed a gourd of aloes (there was a large quantity on board): those I missed were on shore, in a copper bottom, nine of them, and I missed one of them.

Q. Whose property were they?

Taylor. They were the property of Jacob Burnell . On the Monday following, a man came to me, and said, two men had been seen that stole it.

Anthony Nicholls . I saw the prisoner, Spearing, take the calabash out of the copper, and give it to Bourn: he went away with it under his coat, and the other followed him: they were all three together.

Humphry Jackson. I keep a chymist's shop in East Smithfield. On the Friday there was a bill thrown into my shop, giving an account, that a large quantity of aloes had been stolen from on board a ship, Captain Hall, master. I told my man, if any body brought any, to let me know. Spearing and Bourn came on the Saturday evening after; one of them took a gourd of aloes from under his coat, and asked me to buy it: I asked how much he asked for it? he said, two shillings a pound. I said, it was not worth my while to buy that alone, (this was to see if they had any more): he said, he came from on board a ship at Woolwich, and he had more. I agreed for the aloes at 20 d. per pound: on paying him the money, I said, I was afraid he would not let me have the remaining quantity, unless he would leave some money in my hands till he brought the others. I got him to leave two shillings; I think it came to fifteen shillings. As soon as they were gone, I sent my man to Captain Hall, in Burr-street, desiring him to come up; he came accordingly; I told him what I had done, and that the men were to come on the Monday following with the remainder of the aloes, or for their money; and said, if this was any part of his, he might take his measures accordingly: but before he came, Mr. Jebb came and told me, that two men were taken up upon the key, and carried before my Lord Mayor, and had given information, that they had sold a gourd to me. I went to my Lord Mayor, and gave the same account as I have now.

Bourn's Defence.

I was walking along the key; Spearing gave me that gourd, and desired I would take it for him; I took it, and Burgin took it from me, and carried it away. Spearing is a porter, and works there.

Burgin's Defence.

I was on the key, and met Spearing: he is a ticket-porter: he said, Take this stuff, it belongs to me. I took it: they told me, they sold it for fifteen shillings, and the doctor stopped two shillings till they brought the remainder.

Spearing's Defence.

I never saw Bourn but once in my life before. Burgin was my ship-mate; I was coming over Tower-hill; he said, How do you do, ship-mate? We went and got a pot of beer; he said he had got a thing; Do you know any apothecary's shop? I said, There is one just by: then he said, he had five more at Woolwich on board a ship.

All three Guilty . T .

164. (M.) William Chapman was indicted for stealing one silver milk-pot, value 20 s. five silver tea-spoons, value 5 s. and one pair of silver tea-tongs, value 1 s. the property of Jeremiah Knapp , August 5 . *

Jeremiah Knapp . The prisoner's mother lives next door to me, and he lives with her in St. Catharine's Lane, near the Tower . On the 5th of August I went out and locked my door, and when I returned, about five in the evening, I found my windows in my yard broke open, and the things mentioned were taken away. I advertised them, a guinea reward; I never saw them again, or heard of them, till about three weeks ago, Sarah Abbot came and told me about them. She is here.

Sarah Abbot . My husband is a watchman. On a Sunday night, about eleven o'clock, last summer, I cannot tell the day of the month, nor the month, the prisoner brought five silver tea-spoons, a chased belly'd milk-pot, and a pair of silver tea-tongs, to me, and bid me put them by for him till next morning; and I gave him them in the morning, and never saw them after that.

Q. to prosecutor. What sort of a milk-pot was yours?

Prosecutor. It was a belly'd one, and chased.

Ann Wright . I live in Blue Anchor Yard, Rosemary-lane. Sarah Nettle , who lives with the prisoner as his wife, came to me on a Monday or Tuesday, between five and six months ago; she and he being at variance at that time: she said she had something to shew me, but bid me say nothing, for fear she should be murdered; she pulled out a pair of sugar-tongs, marked J. L. N. and shewed it to me.

Q. to Abbot. Did you observe any letters on the tea-tongs?

Abbot. No, I did not, nor on the spoons.

Acquitted .

See him tried, No. 566, in last mayoralty.

165. (M.) Eleanor, wife of William Boyd , was indicted for stealing nine pounds weight of beef, value 2 s. 6 d. the property of John Berry , Jan. 11 . *

John Berry . I am a butcher ; I was backwards sitting by the fire, on the 11th of this instant, about five minutes past one. My wife was in the yard, and said to me, What does that woman in a red cloak want in the shop? We both went to the shop door; the prisoner was walking very fast away; my wife said, she was the woman: I followed her, missing a rump of beef, which I had seen about a minute before: she dropped the beef in the middle of the Hampshire Hog gateway; I followed, and took her in Charles-street.

Ann, his wife, confirmed the testimony he gave.

Prisoner's Defence.

I was coming up the street, and saw a dog ran out with a piece of beef; I followed him as fast as I could: the prosecutor saw me pursuing the dog. If he can say he saw me have it, I will be satisfied to be condemned. I came over from Dublin.

Prosecutor. I saw no dog near her.

Guilty . B .

166, 167, 168. (M.) Charles Combes , Mary Norton , spinster , and Ann Hall , spinster , were indicted for stealing three bushels of coals, value 3 s. the property of Thomas Dix , Jan. 19 . *

Thomas Dix is a dealer in coals in Shadwell; he had lost coals from a barge several times; the prisoners were taken with each a bag of coals. just by the barge, at the foot of the stairs. Norton and Hall confessed the whole of the charge before Justice Berry, and said it was a second turn they had made.

All three Guilty . T .

169. (M.) John Barker was indicted for stealing eight pounds weight of sugar, value 4 s. the property of Thomas Beal and Stephen Newman , Dec. 12 . ++

Stephen Newman . I am a partner with Thomas Beale ; we sent twelve lumps of sugar down to Harrison's wharf , on the 12th of December, to be put on board a vessel; and the next morning we had word the warehouse was broke open, and six of them were stole. I live in Rood-lane, Fenchurch-street.

Joseph Harrison . Between the 12th and 13th of December our warehouse was broke open, and robbed; these six loaves were taken away with the rest.

Thomas Wouldham . The prisoner came and hired me as a porter, on a Thursday morning; I cannot tell the time. He brought three loaves, and put them on the table; I went with him to fetch more: he said I was to go to the Hermitage stairs, but he took me to a place almost to the King's brewhouse; there in the street, under a bit of a shutter, were three more loaves, which he delivered to me. I carried them to the Two Wrestlers in East Smithfield, where he sold them, and the other three, to John Rowley , who keeps the house.

Q. What are you?

Wouldham. I am a lime-burner. I never saw the prisoner before that time; he agreed to give me a shilling, and he gave me two: I lodge at that house.

Thomas Casady . I was in at the Wrestlers that morning when the prisoner came in; he asked if any body would buy any sugar? the man of the house bought it; then the prisoner and the other witness went and brought in three more: he was to have 32 shillings for it; and the prisoner was to bring him some rum the next day. (There were three loaves of sugar produced in court, said to be brought from the constable's house; but the constable not being bound over, it could not be proved to be the identical sugar that the prisoner sold to the landlord.)

Acquitted .

170, 171. (M.) James D'Neal and John Downs were indicted for stealing a cloth cardinal, value 2 s. the property of Elizabeth Frankland , widow , Feb. 1 . ++

The prosecutrix keeps a pawnbroker's shop in Turnmill-street, Clerkenwell : the prisoners went into her shop together; one of them pulled off his coat, and wanted eighteen pence on it, on the first of this instant February, at seven at night. They were observed to be looking at a cloak under a lamp, about an hundred yards from the shop: a cardinal was missing, they were taken with it. (Produced, and deposed to.)

Both Guilty . T .

172. (M.) Thomas Chapman was indicted for stealing a boat, value 5 l. the property of John Blower , and 222 pounds weight of rope, value 5 s. the property of a person unknown, Jan. 25 . ++

John Blower . I am a waterman : On the 25th of January I moored my boat, about six at night, at Bear Key ; the next morning she was gone: I found her in the afternoon, at New Crane stairs; there was nothing in her but what belonged to me; the seats and sculls were locked down in the bottom of her.

Joseph Eatenton . I was at New Crane stairs the 25th of January, between ten and eleven; I had moored my boat, and got into the prosecutor's boat to come on shore: there was the prisoner only in her; the things were lying at the bottom of the boat, and a great quantity of rope lying upon them. He had a bit of a scull to bring her to shore; I said, Friend, how did you get this rope? he said he came from one Mr. Bray, above bridge. I said, You never could bring this boat through bridge with this piece of a scull; you are no waterman. Yes, said he, I am; and what is that to you, whether I am or not? I asked him where he was going? he first said, to a little man in a blue coat, who lived somewhere thereabout, and keeps boats. I mentioned several names, at last I mentioned Joyner; he said he believed that was the man. I stopped him, and took him to the watch-house, and staid with him till morning: he told me there, that a man gave him six-pence to bring her there; then he said he brought her from below bridge. I asked him where the six-pence was? he said he had spent it. He was taken before the bench of justices, where he said one Dangerfield, a fisherman, gave him the six-pence at Billingsgate. I went, by the justices order, to the house he described, but no such man was to be found. He was ordered to prison; after that, a captain of a brig came to me, and said he believed the rope was his property; he failed the next morning, and left word before he failed, that he would take his oath it was his property.

Prisoner's Defence.

The boat was driving with the tide; I was in a boat going to Deptford with a boy; I got out of that boat, and got into this, to carry her on shore, and should have left her there, if that man had not stopped me . I found her just below Rotherhithe stairs; I belong to a chimney-sweeper, and have no friend any nearer than Plymouth.

Guilty . T .

173. (M.) James Rigley Swinney was indicted for stealing two pair of worsted stockings, value 5 s. the property of John Greenhill , privately in the shop of the said John , Jan. 24 . ++

John Greenhill . I am a hosier , and live in the Strand . On the 24th of January, about four in the afternoon, I was coming from the back part of my house into the shop; I saw the prisoner handling some stockings upon the counter; my little boy was behind the counter; I thought by the prisoner's folding up the stockings he belonged to the business. Looking through the glass, I saw him put a pair under his coat: I stood a little longer to satisfy my curiosity, and after that I thought I saw them lying on the counter: my boy turning round to look for some stockings, then I saw the prisoner put a pair under his coat; then I went backwards, and called Mr. Pilkington from the kitchen, and told him there was a person in the shop stealing stockings, and desired he would come up, and help to secure him. He came, and placed himself on the stairs; then we saw the prisoner put another pair under his coat; then the boy took him to the other side of the shop, and shewed him some other stockings: he said they would not do; then he told the boy, he would call another time, and went out of the shop. Then Mr. Pilkington went and brought him back; the prisoner took a pair of stockings from under his coat, and begged I would forgive a poor young creature, who never did such a thing before. When Mr. Pilkington went for a constable, my maid said she saw the prisoner fling another pair of stockings behind the counter: I did not see him do it, but there I found them. When Mr. Pilkington came back, the prisoner took a knife, and attempted to cut his own throat; he did cut the skin, and cut himself a little on the belly. After he was in custody, he took out nine shillings, and offered to pay for the stockings; (the stockings produced,) one pair are my own make; here is my name upon them; the other have my shop mark upon them; they are both made of worsted.

Thomas Pilkington . Mr. Greenhill called me up, as he has mentioned: I stood and saw the prisoner put a pair of stockings under his coat, and after he went out, I went after him. There are three steps at the door; he was got upon the last step. I tapped him on the shoulder, and desired him to come back again: he did, and immediately took the stockings from under his coat, and flung them on the counter, and went on his knees, and begged for mercy. I went out for a constable, and, when I came back again, the prisoner was at the upper end of the shop, cutting his own throat with a knife.

Prisoner's Defence.

I have not been two months in London; I came from Chester with letters of recommendation to get into a counting-house, to Mr. Carwin, in Lime-street, and Mr. Power, a merchant; the latter is gone to the south of France for his health, so that I was obliged to rely upon Mr. Carwin, who did as much as possible, but could not succeed. Then I wrote down to Chester, and my friends sent me up five guineas, to bear my expences home, and pay what I owed here. I sent my things to the Swan and two necks in Lad-lane, to go down by the waggon, and intended to go down by the coach home again. I had been in St. James's-park: coming back, my stockings not being very good, I went into this shop to buy a pair: the young lad shewed me five or six pair: I fancied one pair in particular, and asked him the price; he said 4 s. 6 d. I bid him 3 s. 6 d. he said he could not take it: I recollected they were a pretty good pair; I offered him four shillings, and took them, and folded them up, in order to pay for them. I went to the door to look at them, and was coming in again, when the young man came and tapped me on the shoulder, and said I had stole a pair of stockings: I said I had not stole them, and threw down the money on the counter in order to pay for them. They searched me, and found nothing but my pocket-book and my own things about me.

Q. Where is Mr. Carwin? Is he here?

Prisoner. No, he is not; I was ashamed to write to him, fearing he would write down to my friends, and they would never look upon me.

Guilty . T .

174. (M.) William Keatley was indicted for breaking and entering the dwelling-house of Joseph Hall , on the 18th of January , in the night time, and stealing a pair of cotton stockings, a pair of worsted stockings, half a pound weight of soap, five linen shirts, and four linen table-cloths , the property of Thomas Lockley . *

Mary Lockley . I am wife to Thomas Lockley : we lodge at the house of Joseph Hall, who keeps the Shepherd and Flock, a public-house, at Marybone . I was up on the 18th of January, till one in the morning: I don't know that any body in the house was up so late as I was; I generally am up last: the house was secured before I went up stairs; I take in washing: the wash-house, where the linen was, was all made fast, the door locked, and the window bolted.

Q. Is that wash-house any part of the dwelling-house?

Lockley. It joins to it; the side of the house is the end of the wash-house. In the morning, after my husband was gone down, we had word sent us from the watch-house, that they had a man there with some of our linen; this was about six o'clock. I went down stairs, and found a ladder was standing against the tyles, by the door; a parcel of tyles were taken off, and a hole made from thence down through the cieling, big enough for a man to get down, and the door was left open, where I suppose the thief went out; the door opens into the yard: there is no chamber over the wash-house. I went to the watch-house about seven; there I saw my linen and things mentioned in the indictment, and the prisoner was confined there. (The goods produced and deposed to).

Q. Who did the ladder belong to?

Lockley. That was my landlord's property; he is a master bricklayer; that generally when out of use, was in the yard.

John Pemberton . I am a watchman, in Marybone parish. Between the hours of two and three on Saturday morning, the 19th of January, I was standing behind a board in a dark corner, at the King George, in Portland-street, which is about half a mile from this woman's house. I heard a foot coming along pretty briskly from out of the fields: when he came opposite me, I pushed out; I had my lanthorn under my coat; I opened my coat and drew it out: I said, halloo, my friend, what have you got here? it was the prisoner: he said, nothing. I said it is something: then he said it is nothing to you; he had a great bundle under his coat: I said what is it? he said, it is nothing but a little bundle of wet linen, which he was going to carry home to his wife to dry and iron: I said, where does your wife lodge? he said, at the Hampshire-hog, St. Giles's, or by it. I said, is your wife a laundress? he said, yes. I said, where did you bring it from? he said, from a gentlewoman, at the Shepherd and Flock, at Marybone. I said, does your wife iron for a gentlewoman there? he said, yes. I said, it is a wrong time of night; how came you to carry it at this time of night? he said, he had been drinking with two or three of his countrymen, and they had been tossing up, and that made him later than he should have been: he said he was a very honest man, and I might go home with him to his wife, and she would tell me the same. I said, I had no business to go with him: he said, he had told who he had brought it from, and where he was going, and I had no business to stop him; and said, I did not know my business: he kept pushing forwards, but I took hold of him, and said he should go with me to the watch-house; he struggled to get away, and my dog came and jumped up towards his face; then he submitted. I got him to the watch-house about ten minutes before three. Going to call the hour three, I met a young man going to Marybone; I sent word by him to the Shepherd and Flock, that if any body there had sent any linnen out, or lost any, to come directly to me. When I had done calling the hour six, the woman and her husband came and owned the things, the same as laid in the indictment; it was all wrapped in one of the table-cloths. We took him before the justice; there he said, another was concerned with him, who had handed it out of the wash-house to him; I have forgot that man's name, but he was brought there. Then he sent for his landlady, who made it appear, he was in bed and asleep at the time. So he was discharged.

Andrew Anderson . I am constable. I carried the prisoner to Sir John Fielding 's; there he owned the linen was found in his custody, but that he did not break into the house: he said one Neal gave him the linen out of the house: Sir John desired me to go and take up Neal; I did; the man sent for his landlady and his bedfellow, and they made proof he was at home, and in bed at the time, in St. Giles's, and he was discharged: then the prisoner said, he did not know which way he came by the linen, being in liquor. I went to the house of Mr. Hall, and saw there was room enough broke for a man to go down into the wash-house.

Q. Does the wash-house join to the dwelling-house?

Anderson. It does.

Pemberton. I saw the place that was broken: the house and wash-house join in the form of the letter L.

Prisoner's Defence.

I have no wife in England; I work'd for Mr. Foster, in Tyburn-road; he pays his men at the Rose and Crown: I happened to come in there for a slice of bread and cheese, and a pint of beer; two or three of the workmen came in, and we staid and drank there till it was late: I was after going home every minute, and asked what o'clock it was? they said it was ten o'clock, and another time said it was eleven; they kept me till twelve. When I left the house, I was going home, but a man met me, and asked me if I would go with him and earn six-pence? I said, yes, and thank him too: I said, where? he said to Marybone: he brought me to a house, and kept me till we had five or six pints of beer, but where this Neal parted with me, I cannot tell, or whether he was the man that gave me the linen, I cannot tell: that man brought me to Marybone, brought a bundle to me, and put it on my head, and some things in my pocket; he bid me carry them to Hanover-square; and said, if I do not come soon, pitch your load till I come: I never miss'd the man till I was stopped by the watchman; he asked me where I was going? I looked about, and did not see the man; I was surprized: what I said I cannot tell: I knew nothing of what pass'd till I found myself in the watch-house the next morning: the watchman, when he was bringing me to the watch-house, said he would swear my life away, in order to get the reward; he told me I was a gone man. I have two small orphans, and a helpless father, in Dublin: I hope the honourable court will consider my innocence in this affair: I am a bricklayer's labourer.

Q. to Pemberton. Did the prisoner appear disguised in liquor, when you met with him?

Pemberton. No, he did not, at all.

Guilty of stealing the goods only . T .

175. (M.) Timothy M'Dermot was indicted for stealing two coach glasses, with wooden frames, value 40 s. the property of Elizabeth Bland , widow , January 28 . +

James Cordwell . I am a coach master, and live in Queen-street, Golden-square : Mrs. Elizabeth Bland keeps her own coach, and I serve her with horses; her coach stands in a coach-house, in my yard: there were two glasses lost from that coach, in wooden frames, covered with light-coloured cloth. I don't know the time they were lost: I think I miss'd them the 27th or 28th of last month, that was the day they were stopt: Colonel Dean informed me he was at Mr. Welch's, upon the bench, and examined the prisoner, and asked him if he had any body to his character, and he mentioned me; I went there, but the prisoner was gone to gaol before I got there: the prisoner had worked for me, in my yard, but was discharged a day or two before: I saw these two glasses at the justice's (produced in court): I make no doubt but they are the same that were taken from Mrs. Bland's coach, by the lining of the coach being the same as the cloth over the frames, and the tassels; and the frames are a little more ovaled on the tops than is common: then I went to New-Prison; there I saw the prisoner: he said he was as innocent as the child unborn, and would confess nothing.

Q. from prisoner. How did I behave when in your service?

Cordwell. Very badly, very loose.

John Watts . I am a journeyman salesman to Mr. Dawson, in Monmouth-street: between six and seven o'clock, on the 28th of January, the prisoner came into my master's shop; he wanted a furtout coat, and wanted to change these two glasses for one: he asked 40 s for them: I asked him how he came by them; he said he gave 20 l. for a hackney coach, which he had broke up, and they were the glasses: my master desired me to charge a constable with the prisoner; I did, and carried him to Mr. Welch's office: he said there, he was coming by the Marlborough-meuse, and a man came to him. and asked where he was going; that he answered to the Golden Leg, in Long-Acre; that the man desired him to carry the glasses there, and he would come to him; that he carried them, and left them there two days; and the man never came: and he had been there, and was car rying them to the place where he had them, when he came into our shop.

Shadreck Venden. I am a coach-maker: I made Mrs. Bland's coach: I very believe these two glasses to be the glasses belonging to her coach; the lineing of the frame is the same as the lining of the coach; and the frames are made rising, as the coach is rising over the doors; and the canvass shutters, that I have brought from the coach, answer exactly; there is not one glass in a hundred will match the place as these do.

Prisoner's Defence.

I was going from Mr. Cordwell's yard into Marlborough-meuse: I met a man, named Barney Evans , he has since made off; he asked me where I was going; I said to pay a shilling that I owed to one Jones, at the Marlborough: he said, please to take these glasses to the Golden Leg, Long-Acre, and I'll be there soon after you: I did, and staid an hour and half for him, and had a pint of beer; when I saw he did not come, I gave them to the landlady, and went home to Mr. Cordwell's yard again: I was not out of his service at the time: after I was paid off, I went the next Monday, in the afternoon, to the Golden Leg; the man had not called for the glasses: I staid there, and got myself a little in liquor, and went to that saleshop: whether I offered them for a surtout coat I cannot say. I am as innocent of stealing them as the child that was born last night.

For the Prisoner.

Thomas Coyle . I keep a public house in Piccadilly: I have known the prisoner a good many years: I never knew but that he always bore a good character.

Q. Do you know Barney Evans ?

Coyle. No.

Guilty . T .

176. (M.) Elizabeth Shearman , spinster , was indicted for stealing six pewter plates, value 3 s. the property of William Deane , January 18 . +

The prosecutor keeps a public house in King-street, Seven-dials : the prisoner went into his house, on the 18th of January, and called for a pint of beer; she took an opportunity to take the plates mentioned; they were missed, she was pursued, and they were taken from under her arm, in the street, (produced and deposed to.)

Guilty, 10 d. T .

177. (M.) John Ogden was indicted for stealing six live hogs, value 6 l. the property of Francis Evans , February 11 . *

Francis Evans . I live at Barnsley: I am a farmer: I lost six hogs on the 11th of this instant February, from out of my father's yard at Drayton , about a mile from my house: I took my horse and went after them: I heard of them first at Smallbury-green turnpike; then at Kew-bridge; then I went to Mortlake, and heard of them there; after that I heard of them at Putney; I rode on to the farther end of Wandsworth, there I heard of them again: when I came to the Three Goat's-heads, at Battersea, a man came out of the house, and said the pigs were stopped there; there I saw them, and the prisoner: I charged the constable with him, and the next morning I took him before Justice Miller; the justice asked him why he stole the hogs; he said for distress of money.

Q. Did you know the prisoner before?

Evans. He comes out of Northamptonshire: he mowed at my father's last harvest, and has lived two years in our neighbourhood.

John Legg . I was coming from Putney Bowling-green, and overtook the prisoner, driving the six hogs, last Monday was fortnight: I first saw him just above Putney: I went down into the town, and staid some time, and overtook him again beyond the Three Goat's-heads: I asked him, where he was going with them? he said, to sell them; and that he brought them out of Berkshire: I said, it was a wonder he did not go to Smithfield with them; he said, he should be too late there, and he was going into the Borough with them. I asked the price of the best of them; he said 25 s. at last he would have sold it me for 18 s. then he said, he wished he could sell them all together: I said, what will be the price, to take them all together; he said 15 s. apiece: I said, I did not know but I could help him to a chap, if he would sell them worth the money, then he came to thirteen shillings apiece: then I went on to the Three Goat's-heads, and said to Mr. Johnson, here is a man coming along with a parcel of hogs; I am satisfied he has stole them, for they are worth as much more as he asks for them; so he let the man put them into his stable: I went on, and when I came to the Goat's-head again, the owner of the hogs came: when the prisoner saw him, he begged for mercy.

William Hill. I live at Drayton: I saw the hogs on Sunday night, and they were missing on the Monday morning: I know them to be the property of the prosecutor.

John Johnson . I am a constable, and live at Nine Elms, in Battersea parish: the prisoner was at my house with the hogs; they were put into my yard: the prisoner was there three hours, or more, before Mr. Evans came; when he came, he owned the hogs: the prisoner told me he had bought them at Reading. when he first came in; but after Mr. Evans came in he held his head down, and did not care to say any thing.

Prisoner's Defence.

I was out of business, and had been at Windsor, to a brewer; I heard he wanted a man: coming back again over Hounslow-heath, I overtook a man, just before I ca me to Cranford-bridge, with these hogs: he ask'd me, where I was bound? I said to London: he said, I shall be too late; if you'll be so good as to drive these hogs to town for me, I'll give you a couple of shillings: he desired me to go over Kew-bridge, and so to Vaux-hall; and, if I could light of a chap, to sell them, as money would be of more service to him than the hogs. I drove them along; this farmer was coming, he went with me a mile or two: I partly bargained with him for thirteen shillings apiece. The man that I drove them for, told me his name was John Wright , and that he came from somewhere near Reading; he was to have met me near Vauxhall.

Guilty . T .

178, 179, 180, (L.) Margaret Edwards , Bridget Taaf , and Bridget Davis , spinsters , were indicted for stealing two half crowns , the property of John Chesterman , February 18 . +

John Chesterman . I am a journeyman ginger-bread-baker .

Q. How old are you?

Chesterman. I am twenty-five years of age: I was coming up the Old Bailey, about half an hour after eleven at night, on the 18th of this instant: Margaret Edwards took me by the hand, and desired me to go into her room: I refused it at first, but at last I did; as soon as I got up stairs, I sat down on a chair, and she began to pull me about.

Q. Whereabouts is this house?

Chesterman. It is in Bishop's court, in the Old Bailey : I found her hand about my breeches; and I at last found her hand in my breeches-pocket: I miss'd my money, two half crowns.

Q. When had you seen the half crowns last?

Chesterman. I had them just before I met with her: I said to her, she had robbed me; she denied it.

Q. How long had you been in the room, before you miss'd your money?

Chesterman. About three or four minutes: I never was any where else but on the chair?

Q. Was she searched?

Chesterman. No, I was afraid to search her; the other two prisoners were in the room with her; but I never left her till the time I took her to the watch-house: I would not let her go out of the room: I stood at the door: one of the women took me by the collar, and tore my shirt; and took up a pint pot, and swore she would knock me down.

Q. Did either of the other women meddle with your pocket?

Chesterman. No: they were not near it; they all three came at me at once; when I would not let them go out of the room, they knock'd my hat into a tub of water.

Q. Did you get your half crowns again?

Chesterman. No, I never did: when I went to call the watch, while one of the women had me by the collar, the other went to pull me from the window.

Thomas Smith . I am constable: about twelve o'clock I was gone my rounds; before I came back this charge was brought to the watch-house to me: between twelve and one, on the 19th of February, the prosecutor came, and said he had been robbed: I asked him if he knew the person? he said, yes, it was Margaret Edwards , and that he had been calling out for assistance an hour, before any body came: I have been informed Margaret Taaf , who is or goes for her sister, called the watch to his assistance: I asked the prisoners, if they knew any thing of the robbery? they did not deny it; but would have given him his money again, if they could-have made it up.

Q. What did you observe Edwards to say?

Smith. She said she would give him the money, if she could.

Edwards's Defence.

We all three buy old cloaths together: I was coming along; the man asked me what I had got in my apron, and wanted me to go along with him and drink: I said no, I would not drink any thing: he said it was a very cold night, and he would give me a draught of purl; he gave this young woman three shillings, (meaning one of her fellow-prisoners) and they were on the bed together, and he was to stay all night with her for that money; but she said he should not stay, without he made her a present of some thing else: he wanted to sell me a pair of breeches: I had not a farthing of his money.

Smith. I heard Edwards say she would give the man his money again; but one Foliot had got the money, and said she might go and be d - d, he would not part with it.

Edwards, Guilty . T .

Davis and Taaf, Acquitted .

181, 182, 183. (L.) John Carroll , Mary, his wife , and Mary Carroll , widow , were indicted for stealing one hundred yards of linen cloth, value 15 l. the property of John Greenfield , privately in the shop of the said John , February 7 . ++

John Greenfield . I live in Fleet-street , and am a linen draper ; on the 7th of this instant, between four and five in the evening, the two women at the bar came into my shop, for a silk handkerchief: I shew'd them some: I had only one other customer in the shop at that time; that was a lady who was sitting at the farther end of the counting-house, which one of my men was serving; my other man had left the shop a little time before, and was with Mr. Peltroe, of Spitalfields; they were examining my books and silk handkerchiefs: I shew'd the two women some silk handkerchiefs, and asked four shillings and sixpence apiece; they bid me three shillings and sixpence; they stood just at the coming in at the door, where I had a great stock of handkerchiefs, to the value of 4 or 500 l. In the mean time came in the man at the bar, and asked for a handkerchief; I left them, and went up farther in the shop. to serve him with a blue one, prize 14 d. he threw me 13 d. and ask'd if that would do: I said no, then he gave me the other penny, and went away: then I went to the women; they would give me no more than 3 s. 6 d. as they were going out of the door, I said they might have them for 4 s. 3 d. they would not give it me, and went away; and in ten minutes time they returned: my handkerchiefs were all there, I can safely swear, before they came in; they said, shall we have this silk handkerchief? I said, if they liked it at the price; the old woman said 4 s. is too much: I said it is 4 s. 3 d. the young woman said, it is so; they stood just by the piles of handkerchiefs, which were in four rows: I stood facing them: the old woman gave me 5 s. I put up the handkerchief, and I returned her 9 d. and away they went. In about ten minutes after they were gone, I took the loose handkerchiefs up, and found the board was cleared of one row, about a yard in length; I could not tell what I had miss'd, till the next morning: the first pattern I miss'd was a piece of fine blue borders, twenty-one handkerchiefs; I miss'd about a dozen or fifteen of red and white, then three parcels of another pattern of red and white, of what we call spoiled work, they were not cleared at the printers. I lost more, that I cannot describe, having such a great quantity. I went to Mr. Fielding, for his advice: he advised me to advertise; I did, and printed some hand-bills, and sent them to the pawnbrokers. One of my men told me, that Field-lane was a great place for handkerchiefs, and such things: I sent both my men there, they saw two parcels at Mrs. Taylor's, and bought each of them a handkerchief. The gentlewoman having seen the advertisement, went to Mr. Fielding with the handkerchiefs: when I came there, to get a search-warrant, she was there, and said she bought them of the three prisoners at the bar; this was on the Saturday morning, (several pieces of handkerchiefs produced in court, some good and some spoiled work. He takes up two parcels) I am sure these two parcels were in my shop, when the prisoners were in my shop; they are my property. Mrs. Taylor told us where the prisoners lodged, by Hicks's-hall. When we came there, they had quitted their lodging about a fortnight before, in the night: Mrs. Taylor told us they had sold some more to a person in Field-lane, and were to come there again in the evening; she got a constable, and took the two women, the man got away; then she sent for me: I went to them; they had them at a public house going down Holbourn-hill; I knew them to be the same people. I charged them with having robbed me; they pretended they knew nothing of me; they were sent to the counter: the man going to the constable's house, to ask what they had done with his mother and wife, the constable secured him, and took him to the counter, and on Monday I had them all three before my Lord Mayor, and swore to my goods. I have not found any more of them. Here are twenty handkerchiefs of what we call spoiled work, and I have the other half-piece at home, belonging to one of these. The man told my Lord Mayor, that he lodged at the house of one Magennis, the George, in Broad St. Giles's; but when he came there, we found he did not, nor ever did.

Cross Examination.

Q. Where do you say the women stood?

Greenfield. They stood just by the door, coming in.

Q. Whereabouts is your house?

Greenfield. At the corner of Mitre-court, Fleetstreet.

Q. How long had the women been in, before the man came in?

Greenfield. He came in about three or four minutes after them.

Q. Was he at the same counter they were at, or the other?

Greenfield. He was at the same counter, but farther up.

Q. Did he abide long in your shop?

Greenfield. He did not stay long; but it is possible the women might give him some of the handkerchiefs as he came out.

Q. Is it possible he could conceal them from your seeing them?

Greenfield. They will lie in a little room; I have pieces of handkerchiefs that cost ten guineas a-piece; you may put two pieces of them in one pocket.

Q. You say the women went out, and returned again; had you missed any before they came in again?

Greenfield. No, I had not; they were covered with light goods.

Q. Did you miss the goods before or after the the gentlewoman who was in your shop went away?

Greenfield. I missed them after she went away.

Q. Did you miss your goods before Mr. Pelteroe went away?

Greenfield. No, I did not, till after he was gone.

Q. Did you observe the women, when they went away?

Greenfield. No, I did not; neither did I observe which way they went: I could not see the bottom part of them for the piles of handkerchiefs that were between us.

Q. Do you think they could be taken away in their aprons?

Greenfield. I think one apron could take away three times as much.

Q. How do you imagine they could take away such a quantity?

Greenfield. As they lay piled up, one hand could sweep them all into an apron; I could see their faces, but could not see their hands; the piles of handkerchiefs were breast-high.

Catharine Taylor . I live in Field-lane, and sell linen handkerchiefs, cheques, and old cloaths; I deal with hawkers; I have dealt with the prisoners at the bar ever since the 13th or 14th of December last: they came sometimes with wallets, and sometimes bundles under their arms: they brought large quantities of goods; they usually brought silk and cotton: I never saw them have linen, till these two parcels I bought on the 7th of February.

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

Taylor. It might be about five in the afternoon. They were all three in company; they asked me as usual if I wanted any thing; they said they had some very handsome blue-bordered ones; (the prosecutor produced a handkerchief with a blue border) they were like this; but I said they were too fine for me.

Prosecutor. Such I missed.

Taylor. I bought a dozen of handkerchiefs, fancy-grounds, or mosaic; my man came in, and bid them money for some damaged ones; they would not take his money; they went away, and called the next day, and asked if he would advance any thing more; I said I did not care whether I had them or not. Then they took the money he bid, and I paid them: I gave them 18 s. a dozen for the first parcel, and 14 s. a dozen for the damaged ones, and hung some of them out in the street for sale. The prosecutor's two men came and bought each a handkerchief; our people said they behaved very comically: I was then afraid there was something amiss, and my man read of such goods being stolen in the Advertiser. I went to Mr. Fielding's with them; the gentleman came there, and said he believed they were his goods, (these are the same here produced); then I was ordered to take up the people that brought them. I had taken a receipt of them the first time I bought of them, and at that time I asked who they served besides me: the man named four shops; we enquired at the places where they said they lived, and Mr. Fielding's man and my man went to the places where they had lived. I was afterwards going up Holbourn, I met the two women above Turnstile; I made a full stop; I thought they seemed to shun me: I asked them if they had any more handkerchiefs to sell; they said they had none with them: said I, Can you go home and fetch some, and the wife that is big with child may stay at my house the while. Then they went faster, and I could not follow them so fast: I called out for people to stop them; they ran up a place, and were taken, and brought to my house, and charged with a constable. Two or three hours after that the man came to another house in the lane, and said Mrs. Taylor had taken up his wife, and he would ruin her. When he came to my house, and asked where his wife was, I said, she is in one of the counters; my man went with him to the constable, and the constable took him in custody, and carried him to his wife: then we sent to Mr. Greenfield to come; he came, and said they were the same persons.

Cross Examination.

Q. What did you take the prisoners to be?

Taylor. I took them to be hawkers: sometimes the man had a pack over his shoulders, and sometimes under his arm.

Q. Were they all together when you bought the things?

Taylor. They were.

Q. Was there any thing particular in these handkerchiefs?

Taylor. No.

Q. Did you see any licence they had?

Taylor. No, I never did: they always told me they dealt in Spital-fields.

John Carroll 's Defence.

I used to deal in these things; I go down to the water-side, and buy handkerchiefs, sometimes good, sometimes bad; I bought these handkerchiefs, but cannot prove where I bought them: I had them of a Scotch pedlar, who was going to his own country: this woman here by me is my wife.

Mary the wife's Defence.

I know nothing at all about them; I never was in the prosecutor's shop in my life.

Mary Carroll , widow, her Defence.

I know nothing at all about them; I never was in the prosecutor's shop in my life: I am not this man's mother; I am his sister-in-law.

Prosecutor. This woman told my Lord Mayor she was his mother.

For the Prisoners.

Bridget Delvin . I live in White-cross-street; I know the three prisoners.

Q. What is their general character?

Delvin. I never heard any bad of them; they get their living by dealing in handkerchiefs and other goods, which they buy by the water-side: the man and his wife lodged with me about two years; the mother lives in the country.

Ann Field . I have known all three of them going on four years: they have very good characters; they get their living by dealing by the water-side, in buying damaged goods.

Q. to prosecutor. What sort of a handkerchief did the man buy of you?

Prosecutor. He bought a blue paste-work one, two different patterns.

Q. What sort of one did the woman buy?

Prosecutor. That was a striped silk one.

Q. Were either of these of a particular sort?

Prosecutor. No.

Q. What are those handkerchiefs worth, for which Mrs. Taylor gave 14 s. a dozen?

Prosecutor. Being damaged work, I bought them at 18 s. a dozen.

John Carroll , and Mary Carroll , widow, Guilty of stealing, but not privately in the shop . T .

Mary Carroll, the wife, Acquitted .

(M.) They were all three a second time indicted for stealing 36 silk handkerchiefs, value 6 l. the property of John Cook , privately in the shop of the said John , Feb. 8 . ++

Francis Harding . I live with Mr. John Cook , a linen-draper in Holbourn ; the two women at the bar came into our shop, and asked to look at some long lawns, on the 8th of February, I believe, between four and five in the afternoon. I shewed them some; they took it to the door to look at it; as they were looking at it a man came in, but I cannot swear to him. About two hours before, we had six dozen of silk handkerchiefs just came in from the weaver's: I had examined them, and they were lying on the counter, on the right side going in, two or three yards from the door. The man asked to look at a handkerchief, but I did not serve him; the man is here that did; I attended upon the two women.

Q. Did the man take any notice of the woman?

Harding. No, he did not. The women took the long-lawn, and threw it over the silk handkerchiefs at the door: I took it from that side to the other counter, and sold them a yard and a half: then they asked to look at some silk handkerchiefs; I shewed them some, a parcel that lay in the window, and sold them one out of that parcel: then the women went away; I missed afterwards two dozen; that parcel was not opened while the man was in the shop; I missed one dozen from the other parcel, the eight dozen, that had been come in but a little before: this was on the Friday, and we did not examine the parcel: I sold none out of it, till the Monday following. We went directly to Sir John Fielding , upon missing the two dozen, and had them advertised: on the Saturday, we found three handkerchiefs, of the same pattern and sort of the two dozen, at Mrs. Hatton's, in Field-lane; I cannot swear positive to them: the person that made them, says he had not made that pattern above two months: betwixt the time of the prisoner's buying that handkerchief, and the time we missed them, we had not shewed that parcel the dozen were stole out of: they lay tied up.

Betty Hatton . I keep a cloaths-shop, in Field-lane. I bought those three handkerchiefs of the prisoner at the bar: there was a piece of it; I have sold all the rest.

Q. When did you buy the piece?

Hatton. On Friday the 8th of this instant February, when it was just dusk: the three prisoners were frequently at my house, with goods under their arms, as Hawkers; they had great quantities sometimes, of all manner of sorts.

Q. Did you ever see any licence they had?

Hatton. No, I never asked them to see it; the man said he was a Spitalfields-weaver, and lived at the Golden-hall there: these three handkerchiefs, here produced, are part of the piece I bought of them.

Mr. Boaker. I live with Mr. Cook, in Holbourn. On Friday, the 8th of February, between four and five, the prisoner, John Carroll , came into our shop, and desired to look at a pocket handkerchief: I shewed him one of those eight dozen of handkerchiefs, which came in that afternoon, and lay piled up in two piles. I took down some handkerchiefs from another place to shew him; he took and pulled them towards the window, and covered the silk handkerchiefs with them: upon examining the selvage, my mistress happened to be looking at him: Madam, said he, will they wash well? yes, said she. He asked the price; I said 15 d. he said they were too dear. I said, I had some cheaper; he said he would look at them, he did, and said they would not do at all. At last, he bough t one of the other, at 14 d. when he was gone, I went to put the handkerchiefs up; there was no more than seven dozen; this was not half an hour after I had counted them before: we advertised them, and described the man at the bar.

Q. to Hatton. What relation did the woman pass for, to the man?

Hatton. One passed for his wife, and the other for his brother's wife.

Q. to Boaker. Were there any women in the shop, when the man bought the handkerchiefs?

Boaker. There were two women in the shop at the time, but I took no notice of them; neither of their coming in, or going out.

John Carroll's Defence.

I know nothing about the affair; I never was in the prosecutor's shop in my life.

Mary his wife's Defence.

I know nothing about it; the woman came to me and said, if I was in any danger, she could hide the handkerchiefs: I said, you need not be afraid, I bought them very honestly.

Mary Carroll , widow, her Defence.

I never was in the prosecutor's shop in my life.

John Carroll , and Mary Carroll , widow, guilty of stealing, but not privately in the shop.

Mary, the wife, Acquitted .

184, 185. (L.) James Wood and Humphrey Harrison , were indicted for stealing twelve pair of women's worsted hose, value 20 s. the property of Moses Smith , February 21 . ++

Moses Smith . I live at the sign of the Lamb, in Aldersgate-street ; I am a dyer, and keep a stocking shop . Last thursday night, I went out of the shop into the kitchen, and left a paper of stockings out he counter, which I had a little before shewed to a customer: my lodger, Jeremiah Symonds , went out at the back door, and seeing my shop door open as he came round, he asked how it came to be open; I had left it shut just before. Going on his business, he returned, and said he had seen two boys looking at something under a lamp; he supposed they had got some stockings; I said, I had just missed a paper of stockings; he said he knew where to find them: he and my apprentice went up Maidenhead-court, and I up Aldersgate-street; they took the two prisoners and brought them to my house with the stockings: (produced and deposed to); they had flung the paper away: they are two-threads, sham fine, of a particular fineness, almost as fine as the fine; here are twelve of them. I had seen them, I believe I may say about five minutes before. Wood said the crime was very bad, and hoped I would be merciful to him; he took them out of his pocket, and laid them on the counter, one by one: the other prisoner behaved saucy and rude, and said I had no business with him.

Jeremiah Symonds . I lodge in the prosecutor's house. I left work about ten minutes after eight, and going to Whitechapel, I went out at the back door; and at the end of the passage, I stood and paused, which way I should go; whether through the city, or over Moorfields: I turned to go over Moorfields, and saw the shop door open; I knocked with my heel, and the housekeeper came and shut it, and seemed surprized: then I went on, and saw two lads standing under a lamp, about twenty yards from Mr. Smith's door; I saw one of them put a white bundle under his arm: I followed them; they went to go into Crowder's-well-alley; Wood said, we will go in here, this will carry us into Jewin-street. I went back, and asked Mr. Smith if he had lost any thing? they were looking for the stockings. Then we went after the boys; he went one way and I went another: I found the prisoners, and laid hold of Wood, and said he must go with me: he said, for what? I said, where are the stockings you have taken? he bid me lay hold of Harrison: after that, he owned he had got them, and would fain have given them to me: I brought them both back: we got a constable: Wood took the stockings out of his pocket, and Harrison said he knew nothing of Wood, and Wood did not own he knew him; they were taken before my Lord Mayor; there Wood said, he picked them up at the door; but over night he owned he had taken them away from the shop.

Wood's Defence.

As I was going by the door, home from work, I kicked a bundle, and picked it up; I saw they were stockings, I put them in my pocket, and was going home; I asked this lad by me, which was the nearest way to the Pye-shop, in Jewin-street? going along, that man came and laid hold of me, and asked what I did with the stockings? I said I had got them. I know no more of this lad (meaning Harrison) than the child unborn: I met him in the Horse-ride, going to Crowder's-well-alley.

Harrison's Defence.

I know no more of the thing than the child unborn: he asked me the way to the Pye-shop.

Q. to Prosecutor. How old is Harrison?

Symonds. His mother says he is about thirteen years old.

Both Guilty . T .

See Harrison tried before, No. 335. in last mayoralty, for picking a gentleman's pocket; for which he was cast and whipped.

186. (M.) John Flint was indicted for stealing a silver watch, value 20 s. three metal watches, value 3 l. and 29 pair of silver shoe-buckles, value 40 s. the property of Thomas Gunston , January 28 . *

There being no evidence against the prisoner, besides his confession, which was drawn out of him, by a promise that he should not be hurt, he was

Acquitted .

187. (M.) Charles Sebrey was indicted, for that he, on the 4th of February , about the hour of nine in the night of the same day, the dwelling-house of William Compton did break and enter, and stealing two pair of silver shoe-buckles, value 10 s. one 36 s. piece of gold, two crown pieces, one piece of foreign silver, called a French crown, and 17 l. in money, numbered, and one Bank note, value 10 l. bearing date January 19, 1765, payable to the Earl of Middlesex, or bearer, the property of the said William, in his dwelling house . *

William Compton . I keep the Crown and Feathers, in High-holbourn , and deal in horses . The prisoner was a porter to a neighbour of mine, and used my house, My wife had spilt some water in the kitchen, and sent the boy out for a mop: he came in, and said he had run his head against a ladder: I went out, and found a ladder standing against a window, up one pair of stairs, and the window open; this was a little before ten at night, on the 4th of this instant February; we were all up at that time. Nathan Spencer , my servant, and I went up into the bedchamber; we found all my drawers pulled out, my writings had been examined, and my money gone: the solding leaf of my bureau was unlocked, and down, and a chissel, that I imagine it was broke open with, was lying on the leaf: I missed a 10 l. Bank note that I had received the day before, and cash to the amount of near 20 l. and two pair of silver buckles. I was up in the room about half an hour after seven that night, to change a six-and-nine-pence, and all was right then: there was a pane of glass taken out, so that they could get at the hook that fastens the sash down. I suspected the prisoner, by the character I heard of him, and his manner of living: I took him on the 6th of this instant, at a breeches-makers, at the Seven-dials; I found one pair of my silver buckles upon him; there was a woman and a man with him, in his room, which was up one pair of stairs backwards. I found also eleven guineas and a half, a 36 s. piece, a shilling, and three crown pieces; two of King Charles's, and a French crown: the two English ones I had marked with a scratch on the King's head; one was marked about four years ago, and the other about fourteen months: I saw them taken out of his left side breeches pocket. (Produced and deposed to).

Q. What was your design in making these scratches on them?

Compton. They were my wife's money, and she fancied them, and I marked them, fearing they should be lost. I gave 4 s. 6 d. for the French piece, in the tap room, and have had it about a year and a half; these always lay by, as medals, The prisoner had made a present of the other pair of buckles, to the man that was in the room with him (Both pairs produced and deposed to): the buckles and money were all in my bureau. The prisoner said, before Justice Welch, that man was not concerned with him in the robbery, but that he gave him the buckles. I lost one 36 s. among my money; the rest was silver, small gold, and guineas.

Q. Did you lose eleven guineas?

Compton. I can take upon me to say there were above fourteen guineas in my bureau.

Q. Did you find your Bank note again?

Compton. Yes, but I did not see it found.

Q. Mention the words he said, as near as you can.

Compton. He said, I was the person that did the robbery, and nobody else. Mr. Clay, the high constable, was by at the searching him.

Samuel Clay . I am constable of the hundred of Holbourn division. On the 5th of this instant, hearing Mr. Compton had been robbed, I went to his house, and in the afternoon on the same day we met with a young man, who was an intimate acquaintance of the prisoner's, who led us to the prisoner's lodgings, in Earl-street, Seven-Dials, at a breeches-maker's. We had a warrant to apprehend his body, and another to search; but the latter being made general, and not confined to any house. I made application to Justice Welch, for a warrant to search his lodgings. I sent two officers, Langridge and Sowery; they returned, and said, there was nothing there. I applied to the man where the prisoner lodged, told him our suspicion, and asked his assistance. He promised all in his power. I got a grant for the two constables to sit up in his shop all night, to wait his coming in; and the next morning, being Wednesday the 6th, between eight and ten, the officers informed me the prisoner was within the house. I went with them up stairs, and rushed into the room, and took him. Seeing a man and woman with him, I desired the prosecutor to come forward, and give charge, which he did. While one of the constables was hand-cussing him, I searched him; in his breeches pocket I found eleven guineas and a half in gold, and a 36 s. piece. When I pulled the money out, I said, Compton, I fancy you cannot charge your memory with any of these: he said he knew there was a 36 s. piece among his money. I put that money in my pocket, and searched his waistcoat pockets; there I found these three crown pieces, one was a French crown, and a pair of silver buckles: Mr. Compton immediately said, I'll swear they are my property. I asked the prisoner how he could be so wicked to rob the poor man of all this? his answer was, I did do it, and I cannot deny it. I asked him if he had got any accomplice, and begged he would discover them for the good of the public; he said, he had none, for he did the robbery, and no man else. I asked him what he had done with the rest of the money? he said he had disposed of it: I asked him if it was anywhere where it might be recovered; he said, No, he had paid some debts with part of it, and he had fetched some cloaths out of pawn, and he had paid a chandler's shop bill, and his rent. I asked him to tell me where the 10 l. bank note was, which then I had not found; he said it was disposed of. I pray'd him to tell me; he would not discover it. I ordered the constable to search the woman and the room; the prisoner immediately said it was not in the room. I asked him again to tell me where it was, and said I would endeavour to prevail with the prosecutor to allow him something to keep him while in gaol; he said, then if I would give him a guinea and a half to keep him while in gaol, he would tell me where it was. I told him I would, when the note was produced: he would not trust me; I gave him a guinea and a half, and he told me to search a private place in his breeches; we did, and there it was found. We hand-cuffed the other man that was with him, and took them both to Justice Welch. The woman was searched by a constable afterwards, and brought likewise. When we came there, the Justice asked the prisoner what he had got to say for himself; he confessed the same to the Justice as I have here related.

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 27th, and Thursday the 28th of FEBRUARY; and on Friday the 1st, and Saturday the 2d of MARCH.

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

NUMBER III. 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 Charles Sebrey .]

Q. WAS any thing said, as to the manner of the robbery?

Clay. I asked him how he could go to do such a daring robbery, at that time of the night, alone? he said, he did do it, but was in great confusion. Mr. Welch permitted me to ask him, where the other pair of buckles were: he said, he had hid them in Marybone-fields: I said, if I took him there, could he find the place? he said, no: immediately upon that, the young man, who was hand-cuffed, said, I have them in my pocket. Then Mr. Welch said to him, You have been concerned with this man: the prisoner generously cleared him, and said he gave him the buckles, as he sat in the bed, and that he knew nothing how he came by them: there was a chissel found on or by the prosecutor's bureau. Mr. Welch permitted me to ask the prisoner what sort of a handle the chissel had; whether made of wood, or what kind of one it was? he answered, it had no wood handle to it; he said it was an iron chissel, with a square sort of a socket, (the chissel produced, and corresponded with the account the prisoner gave). I saw the window where the ladder was set; he might get from the ladder upon some tyles, and open the window: I found a pane of glass lying on the tyles, on the shed.

John Langridge and John Sowerey confirmed the count given by Mr. Clay. The bank note was produced and deposed to, and read in court.

Prisoner's Defence.

They asked me, if I knew any thing of the breaking open this house, or if I knew the back-door? I said I knew the back-door; he said, I suppose you know my back-window: I said, I believed I had seen it: he asked me if I took the ladder up, after I had opened the window? I said I had not done it, and that I knew nothing of its he asked me what sort of a chissel it was that I broke open the drawers with: I said I did not know: he said, has it a wooden handle? I said, it might be without a handle, for what I know I know nothing at all of the fact, any farther than what they forced me to say: I believe I have sufficient evidence to prove I was at the sign of the Crown, in West-Smithfield, at the time they say the window was broke. I parted with a man at Upper. Turnstile, Holbourn, and called at my wife's mother's, in St. Gyles's, and it was between nine and ten o'clock when I went home.

For the Prisoner.

Thomas Edwards . I keep the sign of the Crown, at Smithfield-bars: the prisoner was at my house, that night they say the robbery was committed.

Q. What day was that?

Edwards. It was on a Monday; I have forgot the day of the month: he was at my house that night, between the hours of seven and nine.

Q. How long is it ago?

Edwards. As near as I can guess, it is about three weeks ago: I heard of the robbery on the Wednesday, and know it was on that night: Roger Meredith drank with him at my house, that night: the prisoner did lodge at my house a week, about three months before; he has used my house since, and behaved himself like a man, in every respect.

Q. What time did he go from your house that night?

Edwards. As near as I can guess he went away about eight o'clock.

Roger Meredith . I happened to call at Mr. Edwards's, at the Crown, at Smithfield-bars, on a Monday night: I believe it was last Monday was a fortnight: it was that night this fact was committed. After we had drank two pints of beer, I went up with him as far as Turnstile, Holbourn, between eight and nine o'clock, as near as I can guess; then I went home, to my master's house, named Gumbey; he is a distiller in High Holbourn. I saw nothing of the prisoner afterwards.

Q. Did you know him before?

Meredith. I have drank with him at the Crown, three times before that.

Guilty . Death .

188. (M.) Sarah Webb , spinster , was indicted for stealing 40 s. numbered, the property of William Stiles , in the dwelling-house of the said William , December 19 . *

William Stiles . I keep the Golden Horse, a public house in Oxford-road : the prisoner was my servant not quite three months: on the 19th of December she cried, and said her mother was ill in the country, and desired leave to go and see her; she went, and came back on the 22d, and said her mother was very ill; but she had buried her eldest sister of the small-pox, who had given her a good many cloaths, a pair of silver buckles, a gown, petticoat, shoes, shifts, and other things; two days after her eldest sister came in, and called for a pint of purl, and a pennyworth of gin in it: she came to the bar, and asked how her sister went on: my wife asked her if she was our maid's eldest sister; she said she was. After that, seeing the prisoner in all those fine things, gave me a great suspicion she was a thief: then I and my wife took her to my bed-chamber, and examined her; she said a woman, named Kenrick, who lodged in my house, broke my chest of drawers, and took out fifteen shillings, and gave them to her, and took some money herself: I carried them both before Justice Welch; there she swore the same, before the Justice, against the old woman: the old woman denied it: the justice said to the prisoner, she was a bad girl, and bid her go home, and deliver the things to her master.

Q. Was the prisoner sworn before the justice?

Stiles. She was: after that, the same day, I took them both before Sir John Fielding ; they were both committed to the Round-house, and the next day they were examined: Sir John cleared the old woman, and said the prisoner was a bad girl, and committed her to New-Prison: after that she was delivered out, and we were going home together; I said, I was ashamed to be seen going home with her, and bid her follow me; she was to deliver up the buckles to me; which, she said were hid in my garret, but she never came home, and I never found them: after that I heard she was at Knightsbridge, at the house of one Hounsell; I went there, they denied her: I got a constable, and had the door broke open; there she was, in bed; we took her before Justi ce Fielding and the gown and petticoat were proved to bought by her: she owned she bought them with the money she robbed me of. The justice asked her, if she knew any thing against the old woman? she said no, nothing at all: she had before sworn the old woman gave her the gown and buckles; the other was acquitted, and she sent to New-Prison.

He acknowledged, on his Cross-Examination, she had arrested him for her cloaths, before he took her up at Knightsbridge; and that he should not have taken her up then, had she not arrested him, &c.

Acquitted .

189. (M.) John Hall was indicted for stealing nine guineas, the property of John Tyner , in the dwelling-house of the said John , February 12 . +

John Tyner . I live at the Red Lion, Grosvenor-meuse , a public house: the prisoner was my servant a month, on the Sunday, and he left me the Tuesday after, being the 12th of February.

Q. In what capacity was he?

Tyner. He drawed beer for me: on the Tuesday morning, about a quarter after six, I was dressing myself in my own room; the boy at the bar was coming down stairs: we burning a rush-light, lighted a candle, and bid him light a fire in the p-room, and said I would be down presently: when I came down, the candle was standing on the table, and the tap-room door open and no fire, and the boy was gone.

Q. How soon did you go down after him?

Tyner. I believe I went down in about five minutes after him; I found the bar-door unlocked; my wife had put nine guineas in the drawer, over night, at about half an hour after eleven o'clock.

Q. Did you see her put it in?

Tyner. I did: on the next day, being Wednesday, I was riding after him for Essex, and heard of him in Whitechapel, and found him in the custody of a constable, who had taken him on suspicion.

Q. How could that lad get at your money?

Tyner. I had pulled my key out of my pocket, and gave it to my wife, to put the money into the till, and she left the key in the bar: we found it, with others, upon the prisoner: the boy told me he found it in the bar.

Q. Was any money found upon the prisoner?

Tyner. There was a silver watch, and some money found upon him; he had no watch when he was with me.

Elizabeth Tyner . I am wife to the prosecutor: the lad at the bar was our servant: I put nine guineas into a bladder, in the till in the bar, on Monday, the 12th of January, at night, and locked the door with the key that locks my husband's bureau: I was the last person up that night; the boy saw me put the guineas in that my husband gave me. When my husband went down, and miss'd the boy, he came up, and ask'd me where I put the money: I told him I had locked it up in the cupboard: he said, give me the key, that I may see; he went down, and found the door locked, but the money was gone.

John Galatley . ( Produced a parcel of keys) These I found upon the prisoner.

Mrs. Tyner. This is the key of the cupboard, (taking one of them in her hand.)

Galatley. I am a headborough, at Mile-end; the first time I saw the prisoner, was on Tuesday morning, I believe the 13th of January, at the White Hart, at Mile-end; my brother officer had him, on suspicion of robbing somebody; and was going, before the justice with him: the boy told the justice, he had an uncle lived at such a place in Westminster, named John Sebrook ; my brother officer desired I would go with the boy, and see if it was true: going along Cheapside, something hit against me in the prisoner's pocket: I felt in his pocket, and found this bunch of keys, here produced, and likewise this bladder, (producing it.)

Prosecutor. This is the bladder I put my money in.

Galatley. I could find no such person as he mentioned: the prisoner said he had bought a watch at the Cross Keys, a sale-shop in High Holbourn: I went there, to inquire the truth of that; I found he had bought it there: I asked the man what he gave for it; he said that was nothing at all to me, the boy had paid for it; he took it out of my hand and gave it to the boy, and desired him to keep it: I was afraid the boy might throw it away, and I begged of the man to ask the boy for it: when he found I was a peace officer he was sorry for what he had done; he got it again of the boy, and delivered it to me: it seemed to be a good watch.

Mr. Segwick. I am a constable at Mile-end: on Tuesday the 12th of February instant -

Q. Are you certain that was the day?

Segwick. I am; that day the boy at the bar, and two men, came in at the White Hart, and called for six-pennyworth of warm brandy and water; when they had drank it, the boy pulled out this bladder, and laid down a 5 s. 3 d. piece, and desired change for it; they then ordered another six-pennyworth: one of the men said, landlady, bring us a glass, that we may all drink alike: I said, you don't use the boy well, to make him drink as you do; it will be time enough for that ten years hence: I asked that man if the boy was any relation of his: the man said he was the boy's uncle: I asked the boy if he was his uncle; the boy said no, and winked, as though he wanted to speak with me; I went out of the box I was sitting in, and took him into the next room; I asked him how he came by that money, and how much he had got: he said he had lived three years in service, in Essex, and that he had three pounds a year at each place: I asked him who found him cloaths all the time; he said his father: I asked him to let me look at the money, what he had left, there was 2 l. 17 s. 9 d. as he was putting the money in his pocket I saw a seal hang down; I asked him if he had a watch? he said, Yes, He said, he had been changing watches with one of the two men: then we went into the room again, where the two men were sitting. I I asked the man, (not him that said he was the boy's uncle) if he had changed watches with the boy? he said, What was that to me; but when he found I was a peace officer, he said he had: I asked him if he gave the boy any thing in exchange? the boy said he had given the man two guineas and a crown. It was an old watch that belonged to the man. I desired him to return the money and take his watch; he refused it: then I said I should take him before a magistrate, and let him decide it. I then took them all three before Justice Darling: they had made the boy drunk: the boy then told me he had an uncle at Hyde-Park Corner, and after that he said he had not: the Justice ordered him to give the money to me, and the man to refund the two guineas and a crown. After they had been examined, the Justice desired me to go and see whether he had an uncle at Hyde-Park Corner, or whether he had bought that watch, as he had said. I begg'd the favour of his worship (the next day being execution day at Tyburn, and I was to attend) that he would let the headborough go with the boy: so Mr. Galatley went.

Prisoner's Defence.

I did take the money.

Guilty .

Recommended to Mercy, being but fourteen years old.

Note. The last evidence put it beyond all doubt, that the robbery was committed on Tuesday morning the 12th of February, as the prosecutor had before said; for the last execution was on Wednesday the 13th. His wife mistakes Monday night the 12th of January, instead of Monday night the 11th of February. John Galatley , instead of the 13th of January, should have said, Tuesday the 12th of February. Mistakes of this sort happen very often on trials.

[Death. See summary.]

190. (M.) Thomas Cook was indicted, for that he, together with John Taylor and Samuel Atkins , stole 23 pounds weight of gun-powder, value 11 s. the property of Daniel Spatley , January 19 .

He was a second time indicted for stealing 300 pounds weight of gun-powder, value 12 l. the property of John Bland , Thomas Gaslon , and Isabella Wood , spinster .

He was a third time indicted for stealing 180 pounds weight of gun-powder, value 6 l. the property of Rebecca Knight , widow ; to all which he pleaded Guilty . B .

He received sentence to be branded, and was branded immediately.

191, 192, 193. (M.) Joseph Sparrow , Richard Perry , and John Taylor , were indicted for breaking and entering the dwelling-house of Hannah Medley , widow , on the 6th of January , in the night, and stealing five brass candlesticks, value 2 s. one brass pestle, value 1 s. one brass mortar, value 1 s. one copper coffee-pot, value 1 s. three copper sauce-pans, value 6 s. one copper panakin, value 1 s. four copper pottage-pots and cover, value 20 s. one pair of copper scales, value 2 s. and six pewter plates, value 4 s. the property of the said Hannah, in her dwelling-house . *

Hannah Medley . I live in North-street, Poplar . I went out on Sunday morning, the 6th of January, about ten o'clock, and about eleven my son came to me for the key. I gave it him; he brought it me again; I went home at night, and went to bed about ten; nobody lives in the house but me: I fastened up the street-door, and I saw the back-door was shut; but when I came down in the morning, about nine, I found the back-door open. I miss'd the things mentioned in the indictment (mentioning them by name). I had seen them all that Sunday morning in the kitchen: I suppose they got in at the kitchen window: there was a pane of glass out of the casement before, by which means a hand might be put in and open it; there is no shutter to the window. On the Monday morning we saw the marks of feet as coming over my neighbour's pales. Last Sunday se'ennight a neighbour came and said, there were seven or eight people to be re-examined before Justice Fielding. I, and several of my neighbours, went on the Monday. I heard it call'd out, Has any body lost any brass or pewter? I said, I had: then I was taken in before Sir John Fielding , and told him what I had lost. Some of the people produced these things: (two copper pottage-pots and covers, a copper sauce-pan, a copper panakin, one pewter plate marked I. M. and five brass candlesticks, produced in court) these are all my property, and were all taken out of my kitchen that night.

Edward Wright . I am one of Sir John Fieldings people: I was present when this gentlewoman was before Sir John; these are the very goods that were shown to her there: I sealed them up, and opened them yesterday; she swore to them there.

John Medley . I am son to the prosecutrix; I am not out of my time, and my mother finds me in cloaths; I always go home on a Sunday to clean myself: I was there on January the 6th, about eleven o'clock: I got a pan of water out at the back door, and shut the door, and shot the bolt again: to the best of my knowledge the door was fast; but if I do not clap my knee against the door, the bolt, being loose, may miss the place, and not go in; but I am certain the door was latch'd; I know the casement was fastened: after I had cleaned myself, I locked the fore door again, and carried the key to my mother; all these things were in the kitchen when I was there. I can swear to them, and also to some other things that we took out of a man's house in St. Catherine's yesterday, which I have in a bag here. I went with my mother to Sir John Fielding 's, when the men were re-examined: my mother saw and swore to these things there. The other things I had at a man's house named Rasbury; he came to me, and said he had some things, and desired I would come and look at them; I went; there were two sauce-pans and a fish-kettle, a coffee-pot, and a pair of scales.

Edward Wright . There was one Ball first taken he gave evidence against Cook; I went and took Cook in St. Catherine's: I put him in the Poultry Compter that night; he told me where the three prisoners were to be found; that was at Taylor's house, in an alley in St. Catherine's, called Mouse-alley: there I saw a woman who told me her name was Taylor, and said her husband was gone out: Cook said they had been robbing several people, and he was sure we should find some linen there: I searched, and found about two dozen and a half of napkins, and some towels; I brought these things here out of the house; I found them in the lower part of the house, and the prosecutrix came to Sir John Fielding 's and owned them: the prisoners were taken up in Northampton-shire.

John Brock . I live just at the back of Mouse-alley; it is just on this side Wapping: I have seen Perry there backwards and forwards, and Taylor also; and I have seen them both together.

William Callow . I know Taylor lives in Mouse-alley: I have been at his house: we went and found some Sheets there; his wife was at home at the time.

Q. to Wright. Describe the situation of the house.

Wright. The Alley is paved with stones; there is a public house at the corner, at a gateway, and his house is about forty yards distant; there are high steps before you come to it.

Q. to Brock. Does he describe it right?

Brock. Yes. That alehouse is the sign of the Golden Anchor; there is such a place as he has mentioned, where they go in under a gateway, and there are steps before we come to Taylor's house; I have seen Taylor go into the house; I have served his wife with coals.

William Marks . On the 24th of January Perry sent for me to take an Inventory of his goods: I am a broker; I was to sell them to the best advantage: there were bed, bedstead, chairs, tables. No linen, nor brass, nor pewter.

Q. Where is his house?

Marks. It is a little house in Mouse-alley. I I went and took an Inventory; but he was gone. (He described the house and way to it, as the others.) Taylor's wife is Perry's daughter.

Thomas Cook . Taylor, Perry, and I, did this Robbery: it was at Poplar, about ten weeks or three months ago, about midnight.

Q. Was it before, or since Christmas?

Cook. Since Christmas, I believe.

Q. What day of the week?

Cook. I don't know. We got over several yards, and the door was upon the latch we went in at. There stood a pot with some water in it; I took and handed that to Taylor, over the pales; it was a larger pot than either of these. I had that at home till I was taken up, and my house-keeper says she sold it to by victuals for the children. That was burst at the sides.

Q. Where abouts did you find that?

Cock. It stood on the left hand of the back-door, by the side of the house, some distance from the house: Perry was in the next garden, and Taylor came over to me: he pulled out his pistol and gave it to me, while he handed the pots and things over the pales; he and I went in, and struck a light; he always carried a tinder-box, candle, and dark lanthorn.

Q. Where did you take the pottage-pots from?

Cook. They were standing edge-ways on a form, and the other things on the mantle-piece: the plates were on a shelf: we took six plates, five candlesticks, four pottage-pots and covers, two sauce-pans, a pestle and mortar, a pair of scales, and a white apron that lay upon a chest of drawers, in the kitchen: after we had handed them to Perry, we took them among us, some in our pockets, and some in bags that we had, and carried them to Perry's house; we got there between two and three o'clock; the prisoners lived all together.

Q. What share did you carry?

Cook. I carried the plates, the large pot and candlesticks: we went first into a field with some fowls we had stole and left there: a few days after we shared them: after that Taylor gave me two sauce-pans for one of my pots. Ball was taken up first, and he impeached me, and I was taken up about a month after the things were shared: he knew nothing of this fact, only we told him of it; Sparrow was not with us in this: I lived about 200 yards from Perry's house, in St. Catherine's Lane.

The prosecutrix was called in, who was sent out of court while Cook gave his evidence.

Q. to prosecutrix. Had you any thing taken from the yard?

Prosecutrix. Yes; a larger pot than any of these was standing in the yard, with rain-water in it; that I never saw since.

Q. how near the back-door did it stand?

Prosecutrix. About six or seven yards; it was burst, and ran out at the ears.

Q. Did you lose any linen?

Prosecutrix. I lost an apron out of the kitchen, but I did not put that in the indictment.

Cook. I was at the Rising-Sun at Hackney, about five weeks ago; Perry, Taylor, and Ball were there: Ball was taken; they said he would impeach them, and they said they would go away.

Q. Where did Ball live?

Cook. He lodged in Sun-Yard, within about a hundred yards of Perry's house.

Perry. He used to bring fowls and things to my house when I was in bed.

Angel Griffith . I keep the Rising-Sun at Hackney; Cook has used my house fourteen or or fifteen years; I remember seeing Perry, Taylor, and Ball, at my house twice; they were there the very night that Ball was taken. The same night that Mr. Callow was robbed, they all went away together, and left the reckoning to pay, saying I had goods of theirs, and they would come on the morrow and pay me; Callow and I drank with them.

Q. What goods were that?

Griffith. It was gun-powder.

William Callow . Last Sunday five weeks, Cook, Ball, Taylor, and Perry, were all at Mr. Griffith's: we drank with them: I have seen Cook and Taylor there three or four times.

Perry's Defence.

I know nothing of these things being in the house, no farther than Cook brought them in.

Taylor's Defence.

Cook came on a Monday morning, and asked me leave to let the goods be at our house; he said he bought them at a sale, and that he owed his landlord a little money, and begged me to let them be there. I came from Staffordshire, and am 25 years of age.

Perry and Taylor, Guilty . Death .

Sparrow, Acquitted .

There were four other indictments against Perry.

(M.) John Taylor was a second time indicted for stealing 150 pounds weight of gunpowder, value 6 l. the property of Charles Digby the elder, and Charles Digby the younger, September 28 . *

Robert Evans . I did live with Mr. Charles Digby ; he and his father are partners; they are ship-chandlers ; there was some gun powder lost from a little house in a field near Wapping Church . I am not certain to the quantity lost; it was about an hundred and fifty pounds weight, it might be more or less.

Q. Can you be certain to a hundred weight?

Evans. I am sure there was that quantity missing.

Q. When was it missing?

Evans. About the 28th of September last.

Q. When had you seen it last?

Evans. I had seen it three days before it was missing; it was a vessel about the size of a firkin; that is, half a barrel, or 50 lb. there were two of them lost, and more besides; the door was locked, and I found it locked again.

Q. How do you think they got in?

Evans. The lock might be picked; there was no window at all, only a door.

William Callow . About four months ago I saw the prisoner, with about five or six pounds weight of gunpowder, in a paper bag, at the Rising Sun at Hackney: there were old Perry and Samuel Atkins with him; they proffered it for sale: I bought some of it; it was large and small together.

Q. What is Taylor?

Callow. Taylor is a taylor by trade.

Q. to Evans. What sort of powder was that which you miss'd?

Evans. The two half barrels were what they call single M. that is pretty small; there is smaller and there is larger: we miss'd some very small and some very large, and some middling.

Q. to Callow. What did you give a pound for it?

Callow. I gave three shillings for five or six pounds: I can't be a judge what it was worth; I never weighed it.

Q. to Evans. What was the powder worth a pound, that was missing?

Evans. The fine was worth about 14 d. per pound, the other a shilling.

Callow. On the 20th of January they brought more powder, and asked the landlord and others to buy it: and on the 21st the prisoner, Ball, Cook and Perry, came with a canvass bag of powder. I believe it to be about 30 lb. weight in all; nobody would buy any of it.

Thomas Cook . Taylor and I went and fetched four barrels of powder away one Saturday night, in the month of August, about nine at night, from a place called Jones's field, near Wapping chapel.

Q. How did you get in?

Cook. Taylor had a key that unlocked the door; we took it out of the powder-house in that field; they were what they call half barrels, fifty pounds each: Taylor had a bundle of keys. The head of one of the barrels was out, it was not quite full; there were two tubs of it glazed powder, very small; one tub was mixed, it was small and large powder: we carried two tubs to the top of the field, and set them down, and went back again and fetched two more, and locked the door: then we carried them to Taylor's house; we were stopped by two custom-house officers, and I told them what it was, and they let us go: we disposed of three tubs to a man at Wandsworth, either on the Monday or Tuesday after; we took it on the Saturday: we carried it in two butter firkins to Queenhithe, and sent it up; and we went up and met it: we had agreed for 8 d. per pound before: when we came there the man said, if we would not take two guineas for it we might take it back again; so we took the two guineas for it.

Q. How much was there of it?

Cook. There was about an hundred and half of it; some we sold to other people: that we did not sell was not glazed, it was a small sort of powder.

Q. Where did you sell the mixed powder?

Cook. That went to Wandsworth: I was in company with the prisoner at the Rising Sun, at Hackney.

Q. Who went with you to Wandsworth?

Cook. Taylor did; he was with me at Hackney: we had some in little bags, and sold some to chandlers-shops, and to two or three people about: we had sold some at the Rising Sun two or three times; the last time we were there we left about 20 lb. weight with the landlord, that was too large for shooting.

Q. Who was there at that time?

Cook. There were Ball, Taylor, Perry, and I. Last Monday it was five weeks ago since we went there first.

Angel Griffith . There were Taylor, Ball, Perry, Cook and Callow, at my house; they left some powder at my house that time: I remember Taylor bringing powder twice, and desiring me to put it by; they said I had enough in my hands for the reckoning, and said they would come again and take it away.

Prisoner's Defence.

This Thomas Cook brought powder to our house three times, and asked me to let him leave it; the fourth time is about a month or six weeks ago: he said his brother was to bring him some more from on board, and that it was old stores; and said he would give me a little money for houseroom: I would not let him leave it; then he carried it to Charles Hutchens 's, a painter. On a Sunday Cook and Ball came to our house; each had a bundle under his arm: I asked where they were going: they said to the Rising Sun, at Hackney, and asked me if I would take a walk with them; they said they would pay us for our trouble: we went with them to Hackney; I never was at this little house in Jones's-field in my life.

Guilty . T .

There were eight other indictments against him.

(M.) Joseph Sparrow was a second time indicted for stealing five live turkeys, value 10 s. the property of Daniel Farmer , January 10 . *

Daniel Farmer the younger. My father is named Daniel, he lives at Bethnal-green ; I live with him: either the first or second Thursday in January we found our lower gate broke open, the staples were wrenched out; we keep four large dogs; one of the dogs and a live turkey were on the outside the gate, in the morning: we keep such a number of turkeys, that we cannot tell what we lost, or whether we lost any; we could not miss a score, we have so many.

Q. Was that turkey yours that was out at the gate?

Farmer. That certainly belonged to us.

Cook is put out of the court while Ball is examined.

William Ball . I have known the prisoner twelve months, or better; there was he, Thomas Cook , and I, at Mr. Farmer's house, and Sparrow's mate.

Q. Who is he?

Ball. Sparrow is a sawyer : I do not know his mate's name.

Q. When was this?

Ball. This was the beginning of January: I think either on a Thursday or Friday night; we drew the staple of the door, at coming into the fields.

Q. How did you do it?

Ball. We all three did it with our hands; we went in and fetched out five turkeys: a dog catch'd at Sparrow's heels, as he stood at the door: he threw a live turkey at him, as he was jumping and making a noise about him; the dog bit him very much, between his calf and his heel.

Q. Did you see the wound?

Ball. No, I never did; there were three or four large dogs about him; he was a long time lame: he said it was between the calf and heel that the dog bit him: when we had got the turkeys we went across the fields, into the road: we took them on the other side the water, and sold them the day after: he was so lame he could not stir out of his room.

Q. Where did he live?

Ball. He lodged at John Taylor 's, in Mouse-alley.

Q. How long did he keep within doors?

Ball. He might stay within three weeks, or thereabouts.

Q. When did you first discover this matter?

Ball. I was taken up at Hackney, the 26th of January, at Mr. Callow's, and carried before Justice Fielding the 27th: that day I made a discovery of these turkeys, to Sir John's clerk.

Q. What did you do with them?

Ball. We carried them over the water.

Q. What day did you carry them over the water?

Ball. I know it was Sunday morning, when we came back.

Q. Where did you lie on the Saturday night?

Ball. We were at a public house on the other side the water.

Q. What time of the night did you take these turkeys?

Ball. We took them between eleven and twelve at night.

Q. Where did you go after you stole them?

Ball. The prisoner went to Mouse-alley, and I lay at Thomas Cook 's house, and lay with him all night: I got up betwixt eight and nine in the morning, and we went to John Taylor 's, and then we cross'd the water. (Cook was called in and Ball put out.)

Thomas Cook . I have known Sparrow about a year and a half; he is a sawyer.

Q. Do you know Mr. Farmer?

Cook. Yes; he is a goose-feeder: I was in his field and his yard, about two months, or better, ago.

Q. Was it before Christmas or after?

Cook. It was since Christmas: I know the prisoner did not come home from Twittenham till Christmas-eve; and it was after he came home.

Q. What can a sawyer get a week?

Cook. They can get sixteen or seventeen shillings a week.

Q. Who was with you, when you was in Mr. Farmer's yard?

Cook. There were Sparrow and his mate: I do not know his name, any farther than we called him Thomas, and Ball; Sparrow and Ball broke the gate open, with a wrench they had, and pulled it open together.

Q. What do you mean by a wrench?

Cook. It is a thing that was made to screw the breech of a gun with; they always carried it with them: I fancy Ball had his hands to the gate, and Sparrow had the wrench: then Ball, I, and Sparrow's man went in: that door was about the middle of the place where the turkeys were, between the field and the yard: the prisoner stood at the door, with the broken end of a screw-gun; it screwed in three place: he had lost the piece that belonged to the shoulder; so the muzzle end of the barrel was left at home. The piece he had, had the lock and breech of the barrel on it.

Q. Was the gun charged?

Cook. It was; I brought out two turkeys: as soon as I came out I heard a dog bark; Sparrow's man came next, with three; the dog flew at him, and he threw a turkey at him: then Ball came out with two turkeys, and the dog flew at Sparrow, and catched him by the heel: I, seeing the dog at him, ran away with my two turkeys, and saw no more of them, but went home by myself, and lay at my own house: I got home between one and two, and went to bed directly.

Q. Did you see any of them that night after?

Cook. No, I did not; only my four children, that lay with me in the same bed.

Q. Did not Ball lie with you that night?

Cook. No: Ball did lie with me one night; when we got some fowls, but that was before Christmas; he lay a-cross the bed's feet: the next morning I saw either Ball or Sparrow's man; they told me Sparrow was bit: then we went over the water, and sold the turkeys that day.

Q. What day was that you carried them over the water?

Cook. It was either Friday or Saturday.

Q. How many turkeys had you in all?

Cook. We had six; we sold five on the other side the water and one on this side: the next morning I went to see Sparrow; he was in bed at Perry's house, in Mouse-alley: he wanted me to get him some beer-dregs, to make a poultice to put to his leg; I went and got some the next day.

Q. How long was he confined with this lameness?

Cook. He was confined three weeks, or better: he never went out with us afterwards.

Q. Where was he taken?

Cook. I don't know: I was in prison when he was taken.

Q. Where abouts was his wound?

Cook. He was bit very much behind, just below the calf; the dog's teeth came through.

Q. from prisoner. I desire to know what man that was which you call mine?

Cook. It was a man they called Thomas, which the prisoner brought from Twittenham; he knew of a place where were then fowls, at Twittenham; and Sparrow, he, and I, went there and fetched them by night.

Ball called in again.

Q. to Ball. Do you know any thing of a wrench?

Ball. I have one.

Q. Had you that with you when you took the turkeys?

Ball. To the best of my knowledge we had not that with us that night.

Q. How did you get the door open?

Ball. To the best of my knowledge we pulled it open with our hands?

Q. Are you sure you lay at Cook's the remainder part of that night, along with him?

Ball. I am sure I did.

Q. Who else were in bed at the time?

Ball. There were three children with him: I lay on the side of the bed: I did not strip.

Q. How many turkeys did Cook take?

Ball. He took two.

Q. Who went home with him?

Ball. He was gone away before I came out with the turkeys.

Q. to Cook. You see how you two differ in this circumstance.

Cook. To the best of my knowledge he did not lie there that night.

William Callow . I am a watchman, and dig the graves at Hackney: I went to Mouse-alley two or three times, in order to take Perry.

Q. Did you see Sparrow there?

Callow. No; but I saw his wife there.

Joseph Chidley . I live at Towcester, in Northamptonshire, and am a staymaker; the prisoner was taken there one Sunday morning, five weeks ago to-morrow, for having stole some things: I saw him searched; there was the part of a gun found upon him that contains the lock, and breech of the barrel, it was in his side pocket: he had also a cannister, with a great deal of gunpowder in it. I came up to town with him. (The part of a gun produced in court.)

Cook. This is the part of a gun that the prisoner stood with at the door.

Ball. I know this to belong to the prisoner.

Q. to Chidley. Was the prisoner lame?

Chidley. He was lame of one leg: I saw the wound the morning just before he set out to go to Northampton gaol; it looked very much as if it had been shot through with a ball; he said it was cut with an ax; it was near the calf.

Edward Wright . I found this piece of a gun (producing the muzzle part of a barrel) in a chest in Taylor's house. He screwed it on to the other piece, found on the prisoner; it exactly fitted.

Prisoner's Defence.

I took a room in that house of a woman, till I could suit myself better: I went for business into the country; that gun was given me to take down to Birmingham, in order to sell it.

Guilty . T .

He had four other indictments against him.

194. (L.) Sarah, wife of John Mitchell , was indicted for stealing a silver watch, value 20 s. the property of Roger Potter , January 24 . ++

Roger Potter . I live in Three Fox-court, Long-lane : on the 24th of January I came home to dinner, between one and two o'clock; the prisoner was sitting by the fire side with my wife; she had a pint of beer, which she had sent for: I drank with her; she said she had lost her child, and, with the overflowing of her milk, she was afraid of a fever; I said, my wife can draw your breasts for you; my wife said she would, if she came again in about an hour; she went away: I went to work when I had dined, and in the afternoon my wife came to me, about five o'clock, and said my watch was gone: a neighbour hearing of my loss, came and asked what sort of a woman it was: my wife told her; she said she could tell where to find the prisoner, and accordingly we found her, at her lodgings in White-Horle-alley, the same evening: I challenged her with taking my watch; she said she knew nothing of it: I took her to the Red Lion; the people told me I had no right to detain her, without a constable, and made her go out of the house, and her husband came and rescued her; but I got a constable, and took her again in her lodgings; and took her to Clerkenwell-Bridewell: the next morning I went for her, and coming along she owned she had taken away my watch, and begged I would transport her; and said she did not desire any other; and that she had pawned it at Mr. Brewen's, on Snow-hill, for thirty shillings: I took her to Justice Culpepper, and there she said the same; she told the justice she did it on purpose to be transported: then I went to my Lord Mayor, and got a search warrant, and went to Mr. Brewen's, and he produced the watch, (produced and deposed to.)

Q. Where did you lose it from?

Potter. the watch always hung upon a little hook by the chimney-piece, and I saw it when I went out from dinner.

Sarah Potter . I am wife to the prosecutor: about a fortnight before the 24th of January, the prisoner was at my door with a little baby in her arms, and was frighted at a drove of cattle that went by; the seemed sickly. I asked her to come in and sit down with her baby; I never saw her before that time; and on the 24th of January she came to my door again, and thank'd me for my civility, when she was so frightened with the cattle, and said her little baby was dead. I asked her to sit down; she sat till my husband came to dinner, and would send for a pot of twopenny; she drank to my husband, when he came in; she said she was very bad with her breasts when we were at dinner: I said I could not draw them with a full stomach, but if she would come again, in about an hour and a half, I would draw them for her; she came again in that time, and I drew them for her; then she would insist upon having a dram; I sent a little boy for it: I had some suspicion of her after that; she desired me to lend her a looking-glass; I shut the door while she used it, and was looking another way: I believe she then took the watch; for, as soon as she was gone, I miss'd it; she gave me a false direction to come to draw her breasts the next morning: after I miss'd the watch I went and told my husband.

James Brewen . On the 24th of January, between six and seven in the evening, the prisoner brought this watch, and pledged it with me; she said it was her husband's, and that he was a cabinet-maker, and lived in Chick-lane; that her child was dead, and she wanted money to bury it.

Prisoner's Defence.

To be sure I carried the watch to this gentleman's, to pawn.

She called Sarah Harrison and Anne Hart to her character, who spoke well of her.

Guilty . T .

There was another indictment against her.

195. (L.) Thomas Long was indicted for that he, on the 18th of December , about the hour of two in the night of the same day, the dwelling house of James Miller did break and enter, and stealing seven wooden chairs, value 10 s. and two wooden bedsteads, value 33 s. the goods of the said James Miller and Josiah Yardley . It was laid over again for breaking the said house, with intention the goods of James Miller and Josiah Yardley to steal, &c. ++

James Miller . I live at the ship, a public house, in Sun-street, Bishopsgate-street : on the 19th of December, about seven in the morning, I discovered the lock of the warehouse-door to be broke.

Q. Has it any communication with your dwelling house?

Miller. No, it has not: there is a bridge cross Lamb-alley, that goes to it, which is let down in a morning, and drawn up at night. Josiah Yardley , my partner, can give the best account of what goods were lost: that door was broke open again on the 31st of January, and a great coat was left in the room, in the pocket of which was a weaver's bobin, marked with Mr. Philips's name; we went and shewed Mr. Philips the bobin; there we were informed the coat was supposed to be the prisoner's coat; we got a warrant and took the prisoner up.

Josiah Yardley . We have lost at different times out of the warehouse, things to the value of 30 l. there were taken away, between the 18th and 19th of December, two bedsteads, eight chairs, and other things; when the coat was found in the room the last time, I carried the bobin to Mr. Philips; he said it was his bobin: I shewed him the great coat; he said he would go to the prisoner, and see if he had his great coat on; he thought that was his coat. I told him what we had lost; he came and let us know that he had seen some chairs in the prisoner's apartment: then we got a warrant, and took him before the sitting Alderman: there he said he had bought the chairs: we found seven chairs and a bedstead in Blue Anchor Yard, Bunhill-row, in the prisoner's lodgings, our property: we found afterwards a four post bedstead that the prisoner had sold to a broker in Bunhill-row: the prisoner always denied taking the things.

Thomas Baker , the officer, deposed to his searching the prisoner's lodgings, and finding seven chairs and a turn-up bedstead; and also to his finding a four post bedstead at a broker's in Bunhill row. Mr. Philips deposed to the bobin, it having I. P. upon it; and that the prisoner used to wear either that great coat, or one much like it. (Produced in court.)

Lydia Salmon , his Landlady and Mary Hobson , a Neighbour, both deposed they believed the great coat to be the prisoner's.

Alexander Holme . I bought the four post bedstead of the prisoner for 9 s. I shewed it to Mr. Yardley.

Yardley. That bedstead is my partner's and my property.

Prisoner's Defence.

I know nothing of the bedstead found at the brokers; as to the chairs, I have witness that I bought and paid for them; the other bedstead I bought at a broker's, in Broker's Row.

For the Prisoner.

John Derbin . I live in Little Moorfields, at the Golden Hind: I am a weaver by trade: I was going along Bishopsgate-street; I tumbled in to the Admiral Vernon's Head, and had a pint of beer; there was the prisoner and a soldier-like man sitting; they were talking about chairs: I saw him turning over some money to the soldier; said the soldier, you have the beer to pay for; so said he, I have; and at going out I saw a couple of chairs standing at the door; they were white chairs; I never saw the soldier before to my knowledge.

Elizabeth Allen . I live in Moor's Alley, Norton Falgate; the prisoner brought seven or eight chairs and a bedstead into my yard, all of a sweat, about Christmas last, I cannot tell the exact time, they stood there some time, till he got his apartment clean'd out: he worked with me; I never knew any thing dishonest by him.

Richard Green. I have known him near twenty years; he is a hard-working industrious man; I never heard any ill of him before this.

Thomas Long . I am the prisoner's father; I live in Moor's Alley Norton Falgate; he came to my House on the Tuesday fortnight before Christmas Day; I was to pay my Landlord's rent on Michaelmas day: my son wanted things in his house where he was going to live; I said, if you think well to bring your work and work with me till I make up my half year's rent, you may: he came that Tuesday, and staid with me till Christmas-eve; he, I, and my wife, lay in one bed that Tuesday night; he never was out of the bed a night, only Thursday night and Friday night, when we worked almost all night to get the money up; and as soon as I got the money up, I paid my landlord on Christmas-eve, and he went away, and did not come near me for two nights. I swear positively he was in the bed with me every night, but these two nights, at eleven at night, and these two nights we sat up to work.

Henry Myers . I live in York-street, Spital-fields; I have lent him this coat very often. (Producing a coat a little resembling the other coat produced.

Thomas Thickengale , Jonah Collier , Abraham Walker , William Greensell , and Stephen Chapman , gave him a good character.

Richard Taylor was called for the prosecutor, who deposed, the prisoner asked him to direct him to a person to buy a bedstead; that he directed him to Holmes's Master, whose name is William Shaw ; that Holmes came and bought it for nine shillings of the prisoner in his presence.

Guilty of Felony only . T .

197, 198. (L.) Thomas Williams , and Elizabeth Hines , spinster , were indicted for stealing a crape gown, value 5 s. a camblet gown, five shifts, two aprons, a shirt, a silk and cotton handkerchief , the property of Margaret Roskell , widow , February 7 . *

Margaret Roskell . I live in Bishop's Court, in the Old Bailey : the woman was at breakfast at my room on the 7th of February: she staid in my room with my young child, while I went out. I did not know that Williams was in the house; she lodged in the house, and he lived with her: when I came home I miss'd the things mentioned in the indictment, and she was gone: she was found with the camblet gown on her back, and, upon being charged with taking the rest of the things, she owned where they were pawned, and desired me to be favourable: I only found one shift and one apron; they were found in the lodgings where she went to live.

Thomas Barrow , the Constable, deposed, that he searched the lodging where the two prisoners lived together, and found a little box and a shift body. (Produced and deposed to by the prosecutrix.) Williams had one of the shirts on his back, which the prosecutrix swore to.

William's Defence.

I asked Elizabeth Hines for a clean shirt; she gave me that; I did not know but it was my own.

Hines's Defence.

Tom Williams was with me at the time.

Williams, Acquitted .

Hines, Guilty . T .

199. (M.) John Green was indicted, for that he, together with Richard Rimmer , not taken, did make an assault on William Holme , putting him in corporal fear and danger of his life, on the King's highway, and taking from his person a pair of silver shoe buckles, value 10 s. a guinea, a half guinea, and two shillings in money, numbered, his property, and against his will , February 10 . +

Acquitted .

200. (M.) George Root was indicted for stealing a cloth coat, value 10 s. the property of Catherine Tyrawly , widow , October 8 .

Mr. Fuller. I am coachman to Mrs. Tyrawley; she sets up her coach at the White Horse, Piccadilly ; the prisoner used to work in the yard; I was sick at the time the coat was lost, which was about four months ago. I found it upon a hackney coachman's back, named John Thomas , in Piccadilly; he said he bought it at the Peacock at Charing Cross. (Produced and deposed to.)

John Thomas . I bought this coat of the prisoner at the bar, for half a guinea.

John Higgins . I saw John Thomas pay the prisoner some money for a coat one night at the Peacock, Charing Cross; I believe this to be the coat.

The prisoner said nothing in his defence; but call'd Anthony Pierce , Thomas Swan , Edward Chapman , John Baker , Peter Greenhowe , William Clayton , and Goodchild Root, who gave him a good character.

Guilty . T .

201. (M.) Elizabeth, wife of Henry Newman , was indicted for stealing an ounce and a half of silk, called Piedmont silk, value 4 s. the property of John Mays and John Lambert , February 14 . ++

Mary Cox deposed, her business was to wind silk for the prosecutors; that the prisoner used to chair for her once a week; she miss'd the silk mentioned, and taxed the prisoner with it: she confessed she had stole it, and sold it to a person who is now in custody for receiving it; and as we expect the whole account next sessions on his trial, we shall refer our readers to that.

Guilty . B .

202, 203. (M.) George Bolton and Henry Alleker were indicted for stealing four bushels of coal, value 5 s. the property of Leonard Philips , February 19 . ++

Leonard Philips . On the 19th of February we miss'd some coals from a lighter at Scotland Yard dock : we had reason to suspect the prisoners; I was informed the prisoners were seen to throw some out into a barge that lay by; I went and found the quantity mentioned in the cabin; I charged the prisoners with taking them; they confessed they had taken them, and that they were my property.

John Lovell . I saw the prisoners throw out some coals from the barge on Shrove Tuesday, about two o'clock; I went and told the prosecutor of it.

Both Guilty . T .

204. (M.) Barbara, wife of John Harris was indicted for stealing a pair of sheets, value 2 s. two blankets, two pillows, two Chints curtains, a poker, and a trivet, the property of Theophilus Friend , out of her ready furnished lodgings , January 22 . *

Acquitted .

205, 206. (M.) Richard Sinnet was indicted, for that he, on the 15th of January , about the hour of three in the morning the dwelling house of Joseph Pitchard did break and enter, and stealing three silver tea-spoons, value 3 s. one pair of silver tea-tongs, value 2 s. one silver strainer, value 20 s. one silver cream-pot, value 10 s. one silver mug, value 40 s. one silver marrow spoon, value 8 s. one silver pepper caster, value 30 s. one wooden till, value 6 d. and five shillings in money, numbered, the property of the said Joseph, in his dwelling house ; and Sarah Smithson , widow , for receiving the same, well knowing them to have been stolen . *

Joseph Pitchard . I am a colour-man , and live in High-street, St. Giles's : on the 15th of January, at night, I was the last that went to bed; the house below was well secured: there is an alley goes up under my house, over which is a window up one pair of stairs, at which, by the help of a ladder, the thief came in. When I got up in the morning, that window was up: I can't say whether it was fastened over night; I know it was down; they had opened a door that was only shut, and went into my compting-house. There I miss'd all the things mentioned in the indictment (Mentioning them). On Shrove Tuesday I was sent for to Sir John Fielding , I having before advertised, and gave bills out from his office. There I found the two prisoners and Quin the evidence; Quin owned to the robbery, the other did not.

Catherine Hulme . I live in Belton-street: I had this tea-spoon of the woman at the bar, or her sister, I do not know which. (Producing one.)

Prosecutor. This is my property, one of which I lost at that time; here is M. B. upon it; they were my wife's property before I married her.

Hulme. The spoon was pledged in the name of Wright, on the 17th of January; I know nothing of the man at the bar.

Terence Magennis . I am a constable; one Mr. Baker came to me on the 23d of January, and said he had been robbed the night before; I found the two prisoners and Quin in a bed together, in Maynard-street, St. Giles's.

Patrick Quin . Sinnet and I got in at a window in Mr. Pitchard's house, by the help of a ladder. We took the till and about 5 s. in halfpence, and the other things mentioned in the indictment. (Mentioning cash very exactly, and how marked.) This was between two and three in the morning, about six weeks ago. I was bred just by; but I went into the shop the day before, to see which way to do it; so when we were in at the window, we went down stairs, and into the dining-room, and then the counting-house: we had a dark lanthorn. When we had done, we put the ladder in the place where we took it from. We carried the things to the prisoner's room, St. Giles's; there we shared the halfpence; we broke some of the plate, and sold some to a Jew for a guinea and a half, and a shilling; and that we broke we sold for eight shillings and three pence. I have been acquainted with Sinnet four or five years; we lived next door to one another.

Magennis. They did live next door to one another about three quarters of a year ago; I know they have been acquainted with one another nine or ten years.

Quin. When we used to do any thing, I used to lie at his back with her in the bed: I was taken up on Mr. Baker's affair, which was about a week after this; Sinnet said he sent Smithson to pawn this spoon.

Sinnet's Defence.

I never went on any such thing with that Quin in my life; he has been concerned with a good many Thieves; I know he wants to take my life away to save his own.

He called Michael Line , a Hawker in the streets, Christopher Garatree , Andrew Ward , and Andrew Kelly , who gave him a good character.

Sinnet, Guilty of stealing only . T .

Smithson, Acquitted .

(M.) Sinnet was a second time indicted, for that he, on the 22d of January , about the hour of three in the morning, the dwelling house of William Baker did break and enter, and stealing fifteen pounds weight of cheese, value 3 s. one wooden till, value 6 d. and 5 l. in money, numbered, the property of the said William, in his dwelling house . *

There being no evidence to the fact but Quin, he was Acquitted .

He was a third time indicted for breaking and entering the dwelling house of William Palmer , and stealing two tin cannisters, value 2 d. six pounds weight of tea, value 30 s. two wooden tills, value 6 d. and 6 s. in money, numbered , the property of the said William, December 19.

There being no evidence to the fact but Quin, he was not examined. Acquitted .

207. (M.) John Nugent was indicted for breaking and entering the dwelling-house of John Pace , on the 31st of January , in the night time, and stealing six dozen pair of cotton stockings, value 12 l. three dozen pair of worsted stockings, value 6 l. a pair of leather boots, value 8 s. two cloth coats, three pair of linen pockets, a pair of shoes, and five yards of flannel, the property of the said John, in his dwelling house .

The prosecutor could only say he lost the things mentioned out of his house; that he advertised them, but never heard of them, till he was sent for to Sir John Fielding 's, where was the prisoner, who owned to nothing; but Burford the evidence gave an account of the taking them.

George Burford . I am a chair-maker. Christopher Mackmare , Brian Mackmare , I, and the prisoner Nugent, committed this fact, and carried all the things mentioned to Banbury-street, St. Giles's, and the next morning went and sold them.

Acquitted .

208. (L.) Mary Bunnel Spencer was indicted for stealing a shag waistcoat, value 12 s. a linen apron, value 18 d. and 11 s. 6 d. in money, numbered , the property of Thomas Jesson , September 3 . *

Thomas Jesson . I live in Black-friars : my wife gave the prisoner eight-pence a day to help her to sell a few things in Bartholomew fair; she came from the fair, and said my wife sent her for me, and she was to stay with the children at home; I went to my wife and left the prisoner at home; when we returned she was gone, and the things and money also; she was taken some time after, and, before my Lord Mayor, acknowledged she took the things and money; I never got them again.

Mary Jesson confirmed the account her husband had given, with this addition, that she did not send the prisoner home, as the prisoner had said.

Guilty . T .

209. (L.) John Cook was indicted for forging and counterfeiting a receipt for money , to this purport:

"Received the 8th of January 1765. of

" John Girling , the sum of 7 l. 9 s. there being

"so much wages due to my brother, John Atkins ,

"otherwise Mongomery, on board his Majesty's

"ship America. I say received the same, by me

" James Mongomery , executor;

"with intention to defraud John Girling , or the proper person claiming the said wages, January 8 . ++

John Girling . I am a victualler , and live in Crutched-Friars; the prisoner applied to me, on the 8th of January, and said his brother, John Atkins , otherwise Mongomery, died on board the America, and he had proved his will in the Commons, but had not money to take the probate out, which he desired me to do, which I did accordingly; then he desired me to see what wages were due to his brother; I found it to be 7 l. 9 s. then he desired I would advance him that money, for he wanted to go to Edinburgh, or his own country. I did advance it, and took this receipt for it; he came in the name of James Mongomery , and signed his name so: I told him the money was to be paid at Plymouth: I took the probate, to secure myself. I wrote the body of the receipt, according to his instructions, and he the name James Mongomery ; I saw him; he told me he was the executor to the deceased. (The receipt and probate put in.)

The receipt read, as in the indictment.

The prisoner was taken up by a warrant granted by the commissioners of the navy. Mr. Sharp came and told me the prisoner had swore his name was John Cook , before my Lord Mayor: when this receipt was shewn to him he denied it, and said he did not sign it.

John Sharp . The prisoner had sent me a letter, dated the 18th of February, that if I stopped his papers he would serve me with a copy of a writ; he came the next day for them, and I stopped him; he had executed a power of attorney, in the name of John Cook , and said that was his name. When he was before Sir Charles Asgill , he said his name was neither Mongomery nor Cook, but that it was George Miln , and was captain's clerk on board the Crown storeship; he had received the money of Mr. Girling, and this administration which he produced to me, making this letter of attorney, was for me to receive some money for him, and send it down to him to Scotland: when he found I had got a warrant from the commissioners, to seize him, as I locked the door, and sent for a constable, he said if I had not taken him in the manner I did, he could have 50 l. of a stock-broker for it, and could have gone home upon that, and I might have received the rest and sent it after him: What, said I, upon that forged paper? he said, I own I forged both the wills of Mongomery and Cook; and that he was afraid of Mr. Girling having received the money of him in the name of Mongomery, but said nothing of the others.

William Gregory . On the 18th of February the prisoner was brought to my house, for security: I am keeper of the Borough counter, Surry: I perceived the warrant was granted by the commissioners, for a capital offence: I asked him his name; he said it was John Cook : I said which way could he be brother to Mongomery: he said he had forged that will: I asked him, if he knew the consequence of it? he said, it was necessity drove him to do it: I asked him if he had taken up any sum of money upon it? he said, he had taken up 7 l. odd money, of Mr. John Girling , who keeps the French Horn, Crutched-Friars: after that I gave notice of it, he confessed it to me twice; but when before Sir Charles Asgill , at Guild-hall, he denied it .

Q. Did he mention any thing about giving a receipt?

Gregory. I do not remember that he did.

Edward Omony . I know the prisoner, and have done business for him when he was clerk to Mr. Milbourn Marsh, the master shipwright at Mahon; his name is, George Miln : he has given me receipts under that name: I have sometimes received his salary in that name, and I have received letters from him under that name: he was also clerk at Gibraltar.

John Strahan . About the 4th of January the prisoner called upon me, with the will of one John Atkins , who had belonged to several ships, he said, particularly the Norfolk East Indiaman, and afterwards to the Kent, and last of all to the America: he applied to me to prove this will; he was executor to that will, by the name of James Mongomery , his brother: I said, How came you to be his brother? he said, the deceased ran away from such a ship, and changed his name, but his real name was Mongomery: having some little doubt, I consulted the ship's book upon that alias: he was sworn as the brother and executor of John Atkins , alias Mongomery; I had his order, first of all, to send the probate to Mr. Harper, but a day or two after I received an order from the prisoner to send it to Mr. Girling, of Crutched-Friars, and he was to pay the charges. The prisoner acknowledged, in my office, he had made a claim, by the name of Cook, under another will or administration, about the 9th of January; the landlord where he lodged produced this to Mr. Girling, and Mr. Girling went into the office, to compare the will of Benjamin Cook with the other will; they agreed pretty much alike: upon coming from the office again, the prisoner was at my house; he then did confess, in the presence of that landlord, Mr. Girling, Mr. Goodwin, and myself, that he did forge the will of Benjamin Cook , but with no intent to defraud any body, but to serve his cousin, who lived in Scotland; that he intended to send it to him.

Robert Jenour . I act as a proctor in Doctors-Commons: I was in St. Paul's coffee-house, talking with a gentleman; in the course of the conversation the word Doctor's-Commons was mentioned; the prisoner came up to me, and asked me if I belonged to the Commons; he said he had an affair to transact, and he would be obliged to me if I would put him in the way; he said it was to take the administration to a brother that was dead. I asked him if he had searched the navy office, to see what was due; he said he had searched, and there was somewhat about 40 l. due to his brother: he asked when he could come to take this administration? I told him if he would come on Monday I would do his business for him: he came, and gave me instructions; he said his name was John Cook , and that the deceased was named Benjamin Cook : the administration pass'd the seal the 5th of February.

Robert Hopman . I am a clerk in the Navy-office; there was one John Atkins , who served on board his Majesty's ship America, from the 28th of June, 1762, to the 3d of October the same year, and there was due to him 7 l. 9 s. as appears by this book in my hand, the muster book.

(The probate of the will read, dated 4th of January, 1755. James Mongomery , executor.)

Prisoner's Defence.

I am intirely innocent: I came to London to administer to the effects of my brother, who was in the America, in the East Indies: my name is not Miln. I came to Mr. Sharp's house; he used me very civilly; after that he had me taken up three times, and I was discharged: then he had me taken up by a warrant from the Navy-board, and I was carried before Sir Charles Asgill , who sent me to Newgate. I know nothing of Mr. Omony. I never was out of Great Britain in all my life.

Guilty . Death .

210. (L.) James Dobie was indicted, for that he, together with William Smith not taken, on the 19th of February , about the hour of two in the night, the dwelling-house of Sir Alexander Grant , Bart. did break and enter, and stealing a woollen cloth coat, value 30 s. and two guineas and a half, the property of the said Sir Alexander and a woollen cloth coat, value 18 s. and a pair of shoes, value 2 s. the property of Alexander Grant , and one pair of boots and a pair of shoes, value 3 s. the property of Hugh Faulkner , in the dwelling-house of the said Sir Alexander . ++

Alexander Grant . I live in the house of Sir Alexander Grant : I can only say his house was broke open last Tuesday was se'nnight; there was a great coat, that used to hang in the entry, and a pair of shoes, my property, taken away: I never found them again.

Hugh Faulkner . I live servant with Sir Alexander Grant : I was awaked by one of our clerks, who told me the counting-house desk was broke open and robbed: I came down, and looked at it, and by the circumstances I found it must have been done by a person that knew the counting-house well: I miss'd a pair of boots and a pair of shoes, my property, from out of the lower part of the house.

Q. Did you know the prisoner before?

Faulkner. No; at that time I did not my boots were brought to Sir John Fielding's, by a chairman: I saw them there on Monday or Tuesday last: upon inspecting my box, I miss'd a bill of exchange for 100 l. not my property; I had it in trust for a person: I never heard of that since. The prisoner was taken up on the 22d of last month in the evening: Smith, the footman, that is not apprehended, had left a portmanteau at an alehouse in Billiter-lane, the day he was discharged: we desired the landlord if any body came for it, to let us know: the prisoner coming for it, we secured him; there was nothing in the portmanteau but what was Smith's own property: he was put into the Poultry Counter that night; the next day he was committed, by my Lord Mayor, to Newgate; he sent me a message he would be much obliged to me if I would go to see him: I went that evening, that was Saturday was sevennight; he was brought into the tap-house: I asked him what he had to say? he said he wanted much to see me, but did not expect he should; he burst into tears, and exclaimed against Smith and said he had brought him into all this misery: he said he had been with him at a night-house, somewhere near Temple-bar, and he led him to Sir Alexander Grant 's house; he was intoxicated so much, he thinks they went in at the gate, and got in at a window, that was not fast on the inside; that Smith left him below, and went up stairs, and brought down the key of the counting-house: and he declared, at this time, he did not know what Smith's intention was; that such a crime never entered his head; and when he saw Smith open the counting house, he said it was a very bad thing, and Smith said never mind it, I shall soon turn out 50 or 60 guineas; he did not tell me what happened in the counting-house: I asked him if he had seen any papers taken out of my desk? he said, he saw none; he was then in great agitation and lamentation; he declared he had none of the effects, that Smith had taken the whole possession of them: I asked him what was taken away besides what was mentioned before my Lord Mayor.

Q. What was he charged with before my Lord Mayor?

Faulkner. He was charged with a roquelo, a furtout coat, and two guineas and a half; the money was the property of Sir Alexander Grant : a surtout coat and a pair of shoes, the property of Mr. Alexander Grant ; and a pair of boots and pair of shoes of mine, and this bill of exchange which I have mentioned.

Q. What was his answer to your question?

Faulkner. He said he knew of nothing else; as I stood up to go away, he pressed me very hard to come again: I told him a candid confession would induce his prosecutors to lenity; but seeing him in so much sorrow I did not go again.

Q. Was you up first in the morning?

Faulkner. No, I was not.

John Williamson . The prisoner at the bar and Smith came to my house, between five and six in the morning of the 20th of last month: Mr. Tupnail brought them in.

Q. Where do you live?

Williamson. I keep the Bee-hive, in Leadenhall-market; they beg'd the favour of me to let them sit down, for they were much in liquor; Tupnail brought in some shoes and boots, I can't tell how many pair; they had two bottles with some rum in them, almost full; there was, I believe, a roquelo and coat; but I bid my boy take care of the things, which he did, and Tupnail went away. The prisoner and Smith sat about half an hour; then they said they would have something to drink; they had a shilling in rum and water; they drank it and sent the shilling and bowl up to me; after that they sat the best part of an hour, and ordered sixpennyworth of rum and water more: I made it and carried it to them; about ten minutes after that Smith had a pennyworth of purl; about eight o'clock Mr. Tupnail came from Mr. Stevens's, the packer, the next door to me, and ordered a pot of purl there: then they insisted upon his drinking with them, so he had a pint of purl; then they all went away together, with the boots and shoes, and every thing they brought with them.

George Tupnail . Mr. Watton, my fellow-servant, and I, were going to work one morning, at about five o'clock; we rang the bell, for the lad to let us in; this was at Mr. Taylor's, in Leadenhall-street; it was a very cold morning; we went down to the Bee-hive, while the lad got up; coming back, out of Lime-street into Leadenhall-street, there was Smith; he beg'd the favour of our light, saying he had lost something: we looked about, but he gave it over, and at his going away we saw something glance from the candle; there was one boot stood by the side of a post; my partner said, where is your other boot? Smith said I have got the other; he came back again; he had got a bottle of wine in his hand, with the cork drawn; he asked us to drink: we drank cut of the bottle; and at that time the prisoner came up: he seeing the door open, he went down Mr. Taylor's passage six or eight yards: my partner asked him where he was going? he said he wanted to go to bed; he took him by the arm, and led him out again: then they both said they wanted a lodging: I told them it was too early in the morning, being almost day-light, it was not worth their while to go to bed: I said I could take them to a house where was good fare, and they might stay there, which would be better than tumbling about the street. I took a candle and lanthorn, and light them by the India warehouse; the prisoner refused to go: Smith said, do not mind him, for he is my man: I went with them to the Bee-hive, and told Mr. Williamson I had two men, very much in liquor, and desired he would put by their things: so he ordered the boy to take them.

Q. What things had they?

Tupnail. They had a blue roquelo, a surtout great coat, a pair of boots, and some shoes, in a little hand basket; by their losing a boot I took and tied them with a string, under the handle of the basket?

Q. Which had the things?

Tupnail. The prisoner had them all upon his arm: when we were in the house Smith would treat me, and he pulled out a bottle of rum, and poured some out into a gill glass; I drank a little of it and gave the rest away; then I went to my work again: I was to go to Mr. Stevens's, in Lime-street; but as soon as my master came down he gave me a groat to fetch a pot of purl: I went to the Bee-hive again; then one of them was siting at the out-side of the door, and the other within: then they wanted to go to the other end of the town; they would have a coach: I went as far as the end of Cornhill for one; but after that they would not go into it: the prisoner went down Bishopsgate-street, and the other turned up White-Lion-court.

Q. Which of them had the bottles?

Tupnail. Smith had them in his pocket.

John Watton . On Wednesday morning, the 20th of February, Mr. Tupnail called me up to go to work: we got into Leadenhall-street just about five o'clock: I rang the bell at Mr. Taylor's door; during the time the boy was getting up we went to the Bee-hive, in Leadenhall-market, where we had a pint of hot together; we came back, and at the corner of Lime-street (I had a candle and lanthorn in my hand) a man met me, and said, Halloo, watchman! I said halloo again, I am no watchman: if you want one, there is one yonder: he said he had lost something; he seemed to have things in his pocket. I looked about, and saw a boot in his hand: I said, Where is the other boot? he had a bottle of wine in his hand; he gave it me to drink some: I drank, and so did Tupnail, out of the bottle; he said somebody has picked it up, and was going away: turning round, I saw a boot standing by the side of a post: I called to him, and said, here it is; he came and took it, and said that was his; then we drank more of the wine; he came back to the door: as we were standing there, the prisoner came; as soon as the other man saw him, he said, this is my man: they wanted a lodging; I said they could get none at that time of the morning. The first man, which was Smith, said he came from on board a ship. Tupnail took the candle and lanthorn, and we took them to Mr. Williamson's, at the Bee-hive: the prisoner had some cloaths upon his arm; we came back and left them there.

Joseph Bourn . I was servant in Sir Alexander Grant 's family, when this happened: the housemaid was up first in the morning.

Q. Where is that maid?

Bourn. She is at home; I had been out to market for some butter for my Lady's breakfast, and when I returned, I was told the counting-house had been robbed.

John Noaks . I am a constable for Westminster; I had these boots of 'Squire Rouley's Cook, in St. James's Squire. (Producing a pair of Boots.)

Faulkner. These are my property, which were taken away that night the counting-house was broke open.

Noaks. The cook says he bought the boots of one Knight, a chair-man.

Q. Is that cook here?

Noaks. No, he is not.

Q. Is Knight here?

Noaks. No; he is bound over to prosecute Smith; he knows nothing against the prisoner.

Prisoner's Defence.

Last Tuesday se'ennight, about nine o'clock, coming from the city, in order to go to Greenwich, because Smith had an uncle there, lie carried me to Lime-street; he went from me for about three hours: when he came back again, he said, if I would go with him to Greenwich, he would pay my expences. I said, I did not care. Then he ordered me to stay at Lime-street, because he had left a portmanteau there, and he wanted to get clean things to put on: I asked him where they were; he said, at the Thistle and Crown in Billiter-lane: this was about three o'clock: I said, the people would not be up: he desired me to wait there, and said he would be back again in three minutes. I was walking backwards and forwards between Billiter-lane and Lime-street; I found no appearance of his coming; I went down Lime-street, and knocked at the Thistle and Crown door; I came past that gate, and saw a light in the house; I looked to see for Smith: I hollowed out; Smith came out; but I never was within the house: Sir Alexander's gate stood open, but I never was within it. When he came to the end of Billiter-lane, I said, what have you here? he said, I have got my things: he said, Lay hold of that, for I have lost a boot; I took hold of the things, while he looked about for the other boot, and found it; when I saw the other things, I said, Smith, this is not right; you have done something or other: I said, how did you get in? he said he saw the gate open, and he went in and took the things out: I told him I would stay no longer in his company, for he had got them feloniously: I went down Bishopsgate-street, with nothing in my hand, and he went away. Was it the last thing I was to say, I never saw the coat, boots, or shoes, from that time. On the Thursday after, I went to the other end of the town and met with Smith; I asked him what he had done with the things? he said he had sold them to a chairman, or a chairman had sold them for him; I cannot tell which; and that he got 12 s. for them: I never did say to Mr. Faulkner that I was in the house.

For the Prisoner.

Mr. Alvarons. It is out of humanity I have had the honour to attend upon this honourable court; the prisoner lived servant with me about six months; he had all the care of my plate, and several valuable things in my house: I have a desk in my parlour, in which I keep things of value; the prisoner has more than once brought me the key to that desk when I have left it in, or the like. The reason of my parting with him was, he was given to drink, or I should never have parted with him. I gave him a character to another gentleman; the prisoner lived with him two months, and behaved well.

Q. When did he leave your service?

Alvarons. He left my service three months ago; the other gentleman parted with him for the same reason as I did.

Walter Johnston . I am a leather-breeches maker, and live in Swallow-street: I have known the prisoner ten or twelve years; I never heard a bad character of him in my life.

Guilty 39 s. T .

211. (L.) William Batty was indicted for stealing a silk handkerchief, value 2 s. the property of James Turnbull , February 18 . ++

James Turnbull . Last Monday was se'ennight, about half an hour past six at night, I went to see my brother in Lime-street; coming back again, at half an hour past seven, on this side Bow-church, in Cheapside , a man came and tap'd me on the shoulder, and ask'd me if I had lost any thing; he said two men had catch'd at my pocket; presently the two men came by me again, and the man showed me them; he said he would watch them; they pass'd me again; he came and ask'd me again if I had lost any thing; I felt, and miss'd a silk handkerchief; he said, I think I saw a young fellow take it, and that he was gone on the other side of the way: he and I went over and took hold of the prisoner; he was searched, and my handkerchief was found upon him; it was taken out of his breast-pocket. (Produced and deposed to.)

William Pain . I was going down Cheapside at this time; two fellows pass'd by me, which appeared to me to be pick-pockets. I followed, and saw them dipping at a gentleman's pocket: the prosecutor was coming up: I saw the prisoner at his pocket; I ask'd him if he had lost his handkerchief, and said two men had made an attempt to get it; I followed them again, and as they came to the prosecutor, I saw the prisoner put his hand into his pocket, and take something out, and put it into the lining of his own coat; then I came to the prosecutor again, and ask'd him the same question; he felt and miss'd his handkerchief; the prisoner and the other man went over the way. I went and laid hold of the prisoner at the bar; the other got away; I took the prisoner to Wood-street compter, and in searching him I pick'd out six handkerchiefs from his pockets; the pros ecutor's was one of them; the other man that was with him was James Wood , who was cast yesterday here for stealing stockings.

Prisoner's Defence.

I was going along Cheapside; a man asked me if I would buy a handkerchief; I came over to the other side, to look at it by a lamp, and this man came and laid hold of me as soon as I had it in my hand.

To his Character.

James Stoaks . I am a hard-wood turner, and live in Fleet-lane. I have known the prisoner between six and seven years; I had him as a servant; I believe him to be as honest as the day.

William Warden . I am a glass cutter, and live in Mutton-lane; I have known the prisoner between four and five years; I never heard of a blemish in his character in my life.

Elizabeth Carter . I live in Clerkenwell; I have known the prisoner between eight and nine years; he is a very honest sober lad.

James Eadey . I have known him about four or five years.

Q. What is his general Character?

Eadey. His character is universally respected.

Elizabeth Whitwood . I have known him from his birth; I never knew any thing amiss of him before this.

Ann Hosland . I have known him twelve months; he was my servant; and has carried out goods for me; I never knew any thing amiss by him.

Guilty . T .

212. (L.) Mary Powell was indicted for stealing a copper tea-kettle, value 2 s. 6 d. the property of John Liquorish . ++

John Liquorish . I keep the Anchor and Crown on New-street-hill, Shoe-lane . I can only say, that the tea-kettle is my property; it was taken from my house some day last month, but I don't know the day.

Elizabeth Carter . I am servant to Mr. Liquorish; the prisoner came into our house yesterday was a fortnight, for a halfpennyworth of gin, and asked to go backwards into the yard; my mistress ordered me to show her the way: I did: after that she wanted to go out at the back door; I said she could not, for that was fastened up; then she came and went out at the fore-door. I perceived a bundle under her arm; I asked my mistress if she saw a bundle when the prisoner came in; my mistress said, No, she did not: I I went out and took hold of the prisoner, about two doors from our house, and asked what she had got under her cloak; she said she had got nothing: I desired her to let me see; she said I should not: I took and turned her cloak aside, and saw the kettle: I took her back with it; (produced in court.) this is my master's property; it was taken from off a little bench in the backyard.

Q. Did you know her before?

E. Carter. I never saw her before to my knowledge.

Prisoner's Defence.

She says it was a fortnight ago, and it was three weeks ago yesterday, when I was taken up. I found the kettle at the door.

Guilty . B .

213. (M.) John Bourk was indicted for stealing two ounces of silver, value 11 s. and three ounces of silver folder , the property of William Crips , February 27 . ++

William Crips . I am a silversmith , and live in St. James's-street ; the prisoner was my servant , to go on errands, and do other odd matters which I had to do: he was taken up last Thursday; I did not miss the things till he was taken up, in offering the piece of silver to sale.

George Smith . I am a silversmith, and live at Holbourn-bridge: on Thursday in the afternoon, the prisoner at the bar came to my shop, and ask'd to look at a pair of buckles: I had a suspicion of him, and did not care to show him any; but, at last, I did; he pitched upon a pair which came to twenty-two or twenty-three shillings: I told him I thought they would come to too much money for him: he asked me if I chose to take any silver in exchange for them, and pull'd out this piece of silver, and offered it in exchange. (Producing a piece of an old silver waiter, with engraved work upon it, and two pieces of silver solder). I asked him how he came by them; he said he lived with Mr. Baskervile, in Rolls Buildings: I said, as it was so near, I would just put my hat on and go with him, to see if his master knew he had these things to dispose of: when I got out at the door he wanted to have the silver again: I said he should not; and if he was fancy, I would charge a constable with him directly. As soon as he heard that, he took to his heels and ran up Holborn; I ran after him and took hold of him, and was determined to know where his master lived. Going up Holborn I met Mr. Crips's nephew; he called the prisoner by his name; I asked him where the prisoner lived; he said in St. James's-street; I brought him back to my shop, and sent for his master: he came, and said he would swear to the piece of silver as his property.

Prosecutor. This is my property; it is a piece of a waiter, very particular to be known; it was an old waiter which I had cut into pieces. The folder I cannot swear to.

Prisoner's Defence.

I did not steal it; I found it among the sweepings in the shop: my business was to sweep the shop.

Guilty . T .

Edward Williams , Matthew James , John Rouson , and John Ward , capitally convicted last January Sessions, were executed on Wednesday the 13th of February.

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

Received Sentence of Death Five.

John Cook , Charles Sebrey , John Hall, Richard Perry , and John Taylor .

Transported for Seven Years, Thirty-six.

John Roberts , William Teares , Thomas Walker , John Matthews , John Bourn , John Burgen , James Spearing , Margaret Edwards , John Carroll , Mary Carroll , James Wood , Humphrey Harrison , Sarah Mitchel , Thomas Long , Elizabeth Hines , Mary Bunnel , James Dobie , William Battey , John Bourk , Richard Bannister , John Ryan , Mary Ryan , Charles Coombs , Mary Norton , Ann Hall, James O'Neal , John Downs , Thomas Chapman , James Rigley Swinney , William Kealty , Timothy M Dermot , Elizabeth Shearman , John Ogden , George Root , Joseph Sparrow , and Richard Sinnet .

Branded, Six.

Thomas Cook , George Bolton Mary Powell , Eleanor Boyd , Henry Allicker , and Elizabeth Newman .

Whipped, One.

Elizabeth Bourn .

Edward Williams , Matthew James , John Rouson , and John Ward , capitally convicted last January Sessions, were executed on Wednesday the 13th of February.

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