Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 20 August 2014), July 1765 (17650710).

Old Bailey Proceedings, 10th July 1765.

THE WHOLE PROCEEDINGS ON THE King's Commission of the Peace, Oyer and Terminer, and Gaol-Delivery FOR THE CITY of LONDON; And also the Gaol-Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 10th, Thursday the 11th, Friday the 12th, and Saturday the 13th of JULY.

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

NUMBER VI. 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; the Honourable Sir Thomas Parker , Knt. *, Lord Chief Baron of the Court of Exchequer; Sir Henry Gould , Knt. +, one of the Judges of the Court of Common Pleas; Sir Joseph Yates , Knt. || one of the Judges of the Court of King's Bench; James Eyre , Esq; ++, Recorder; and others of his Majesty's Justices 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.

Benjamin Wilson ,

John Bonet ,

Robert Hunter ,

John Hinchcliff ,

Robert Lindsey ,

Alexander Johnson ,

William Randall ,

William Meadows ,

Benjamin Shaw ,

Jervise Bloxham ,

John Piper ,

John Howard ,

Middlesex Jury.

James Moss ,

Richard Spencer ,

John Robertson ,

James Lake ,

George Juby ,

James Sherridan ,

John Groom ,

Abraham Dakin ,

John Godfrey ,

John Treslove ,

Jeremiah Swan ,

John Goodman .

343. (L.) James Carter was indicted for stealing 11 brass bolts, value 12 d. 14 iron keys, and 125 brass scutcheons , the property of Edward and William Martin , June 20 . ++

William Martin . My brother Edward and I are partners; we are ironmongers , and live in Foster-lane. Mr. Hill, a smith, in Pannier Alley, with whom the prisoner worked journey-work , came and acquainted me, that he believed there were some goods our property, which his servant had taken away, and desired I would go to Mr. Hewlet, who had stop'd them. I went, and there found the goods mentioned in the indictment: the bolts and two parcels of scutcheons have my mark upon them; I have no doubt but they are our property: we did not miss them: we trade in the wholesale and retail way. I heard the prisoner acknowledge before Justice Keniston, that the goods were my property.

William Hewlet . I am an ironmonger in the Strand; the prisoner brought some scutcheons to my shop, about three weeks ago, and asked me if I would buy them: I asked him if he made them: he said, Yes: I asked him where he lived; he did not seem willing to tell me: he took them up, and said, You don't seem willing to buy, and went out; I went out, and said, Stay, let me talk a little with you: I got him into the shop, and shut the door; then he said he had them of a man in the Strand to sell for him: I asked him where that man was to be found; he said, in Westminster: I sent there, but no such man was to be found. I took him before Justice Keniston; there he was searched, and the rest of the goods were found upon him. He said he had the bolts of his brother in the country, that made them. I sent the mark upon the bolts to several ironmongers, but found no owner. The prisoner told me he worked with Mr. Hill in Pannier Alley; I sent to him, who said he traded with Mr. Martin in Foster-lane, and he thought they might belong to him: the next morning he brought Mr. Martin, who owned them.

Henry Harden and William Harrison deposed, that the marks on the goods were the prosecutors marks.

Mr. Martin. Mr. Hill is ill, or he had been here; he is willing to employ the prisoner, in case he should have his liberty.

Court. Will you engage to see him employed?

Mr. Martin. I will.

The prisoner said nothing in his defence.

Guilty . B .

344. (M.) William Prince was indicted for stealing two barrow pigs, value 40 s. the property of Elizabeth Cannon , widow , June 12 . *

Elizabeth Cannon . This day month I lost two barrow pigs. I miss'd them about an hour after they were taken: I saw two dead pigs at the prisoner's landlord's house; but they being dress'd, I could not swear to them; and Mr. John Wells , that gave me an account of the prisoner's having my pigs, is now lying extremely ill, and cannot attend.

Acquitted .

345. (M.) John Rees was indicted for stealing a quarter guinea , the property of Joseph Foster , June 8 . *

George Foster , a child ten years of age, not sworn.

Q. If you should tell a lye, what do you think will become of you?

G. Foster. I shall go to the naughty man if I don't tell the truth.

Court. Be sure say nothing but the truth.

G. Foster. I will tell the truth. On the 8th of June I went to get change for a quarter guinea; they could not change it at the ale-house; the prisoner said he could change it; he took his money out, and had but a shilling and two or three halfpence; he said, My dear, I'll give you change: he had hold of my hand; he took the money out of my hand, and gave me the paper it had been in again: I said, The money is not here: the prisoner said, Yes, my dear, it is, and walked with me as far as Benjamin-street; then he spit in his hand, and ran away. I called, Stop thief, and he was stop'd in Red-lion-street: I saw the quarter guinea afterwards, in Mr. Watkins's hand.

John Ward . Some time, in the beginning of June last, I was in Red-lion-street, and heard the people call stop thief: I saw the prisoner come running at the front of a mob: I took hold of his collar, and bid him stop; he told me the thief was gone before: I told him I should hold him till the people came up; which I did: the child came among the rest, and said, that was the man that had taken the quarter guinea from him. Mr. Watkins took hold of the prisoner, and took him into a public house; the prisoner at first denied knowing any thing of the matter; saying, he had no such piece, and offered to be searched; but upon farther discourse, he confessed he had taken the quarter guinea from the boy, and directed Mr. Watkins to go to the place where I stop'd him: Mr. Watkins went out, and soon returned with the quarter guinea.

Mr. Watkins. About the 8th of June I was in Red-lion-street; hearing a great noise about a thief, I went and took hold of the prisoner; we took him to a public house; he denied having the quarter guinea: where was a person there belonging to Bridewell, that knew him, who said he was discharg'd from there the night before: then the prisoner acknowledged he had taken it, and sent me to the place where he was stop'd; there I found it.

Prisoner's Defence.

The lad wanted me to go with him to get it changed.

Guilty . T .

346. (M.) George Wilkinson was indicted for stealing two knit breeches pieces, value 12 s. one pair of cloth breeches, value 1 s. and one hat, value 3 s. the property of John Welstead , June 27 . *

John Welstead . On the 27th of last month, between the hours of one and two in the day, I lost the things mentioned in the indictment, out of my house; the hat was found pawned with Mr. Stockdale, in Poultney-street, on the 28th, (produced and deposed to): they had not been gone above five minutes before I miss'd them.

John Nash . I am servant to Mr. Stockdale: the prisoner pledged this hat with me on the 27th of June, for three shillings.

Prisoner's Defence.

I was going into the fields to have a game at cricket; I stop'd to make water; I saw this hat tuck'd into a place; I took it and carried it to this young man.

Guilty . T .

347. (M.) Thomas Jackson was indicted for stealing two iron streaks, value 15 d. the property of Joseph Berry , June 2 . *

Joseph Berry . I am a coach-maker ; Samuel Eldridge came and told me the prisoner was in my place where I keep my old iron, and that he staid a long time; when he came up, he was asked what he had there; he said, Nothing; but these two iron streaks were concealed under his coat.

Samuel Eldridge and John James confirmed the account given by the prosecutor.

Guilty . T .

348. (M.) John Smith was indicted for stealing a pair of blankets, value 10 s. two pillows, value 2 s. two pillow-cases, value 2 s. one mattress value 2 s. one bolster, value 1 s one sattin quilt, value 10 s. and one linen sheet, value 5 s. the property of Walter Allen , June 1 . *

Walter Allen . On the first of June last, a fire happened at Rotherhithe , in Surry, where I live: I was going to Peckham; a person informed me there was a fire; I returned; and when I had got within about 2 or 300 yards of my house, I saw the fire was within twenty or thirty yards of it: my daughter told me she had taken care of some particular parcels, and gave nothing into the hands of any people but what she knew. My house was burnt down in about half an hour after I came there: I have seen the goods since mentioned in the indictment. (Produced and deposed to).

Margaret Allen . I am daughter to the prosecutor; I never saw the prisoner at the time of the fire, neither did I deliver any goods to him; all I delivered out, I delivered to people that I knew; we had two apprentices, and a maid servant; the apprentices were not at home, and the maid was with me all the time; these are my father's property, (pointing to the goods produced); the maid did not deliver any thing to the prisoner.

Martha King . The prisoner at the bar brought the things here produced to my house in Old Gravel-lane, which is in Middlesex, on the first of June, about eleven o'clock at night, and desired leave to let them be left all night; after that he desired I would let him lie there; I told him we let no lodgings: then he asked me if I would buy the things; I said I would not: then he took up the bundle, and went out; our neighbours being out, looking at the fire, on the other side the water, and seeing the prisoner with a bundle, took him in custody a little way from my house.

James Carr . I am a constable; I was sent for about eleven o'clock that night, by Richard Estop , the scavenger, to take charge of the prisoner and goods. I took out of the prisoner's pocket a pair of stockings, a sattin cardinal, and the deeds of a house; the last was in his bosom. Before Justice Hodson, he confessed he took the things from the fire. I went and had them cry'd on the other side the water, where the fire was; and in about a fortnight or three weeks after, the prosecutor came and owned them.

Prisoner's Defence.

I told them I found these things about the middle of Tooley-street; I brought them over the water, and went to a house and had a pint of beer, and did offer to sell them, as I found them.

Guilty . T .

349. (M.) Jane Jostlin , spinster , was indicted for stealing two linen sheets, value 5 s. two pillows, value 2 s. two pillow-cases, value 2 s. six linen towels value 6 s. two linen napkins, value 2 s. and one quilt, value 10 s. the property of Ann Waite , widow , June 22 . +

William Waite . At the time the fire was at Wapping, on the 22d of June, I saw the prisoner at our house; Mrs. Ann Waite is my mother; the prisoner had no business there at all: I bid her go out, and forewarned her from taking any thing with her: the fire began about 11 at night: we were told the next morning, that the prisoner had been offering things to pledge; the fire was on a Saturday, and we took her upon the Monday following. I heard her acknowledge she took a parcel of things in a sheet, and pitched them in the alley, and after that got assistance to carry them to her house: upon taxing her, she took the officer and I to Rag-fair, to a house where she had offered the quilt to sale, and they stop'd it: she asked for it, and the people produced it: she had pawned a pair of sheets at one Jones's, in Old Gravel-lane, for five shillings: he at first denied having them, but when he found we should search, he produced them. (The quilt and streets produced and deposed to.)

Jane Ross . I am servant to Mrs. Waite: the quilt and sheets are the property of my mistress. I did not see the prisoner at our house, at the time of the fire, to my knowledge.

Prisoner. They have changed the sheets.

Job Jones. I am a pawnbroker; I have known the prisoner almost twenty years; I never heard a dishonest thing of her before this. She brought me a pair of sheets on the 24th of June, in the morning: when the officer came for the sheets, they carried them to the bench of Justices, at Whitechapel: neither the maid nor the master could find any marks on them: these have a mark, they are not the same.

William Waite . After the fire we did not know where to find things to supply the beds; and we made use of the sheets; I do imagine these are no t the same; I believe the others were finer than these: the prisoner said she pawned them to this man for five shillings, and he owns he lent her five shillings on them.

Q. to Jones. What did you do with the sheets the prisoner pledged with you?

Jones. I delivered them to Mr. Knight, the officer, and Mr. Waite.

Jane Ross . I do imagine the other sheets were finer than these; we having a deal of company, made use of them; and I believe these are not the same.

Edward Knight . I had a search-warrant delivered to me by Mr. Waite, and another, to take the prisoner: when I took her in custody, I could get no hearing that night; I said, if she would sit quiet, she should stay in my house till 11 o'clock, I keeping a public-house: after she had been at my house about two hours, I desired her to tell the truth; she desired Mrs. Waite might be sent for; she came: the prisoner said she would inform her where the things were; after which I went home with her to her own house; in searching there, we found the pillows and pillow-cases, and some towels; and she told us there was a pair of sheets she had pawned at Mr. Jones's, for five shillings: I went to Mr. Jones's, and there they were found; he said he lent her five shillings on them: when we came back again the prisoner owned she had taken a sattin quilt to Rag-fair, and it was stopt. I went, by her directions, and was told the prisoner brought it there on the Sunday morning, and asked two shillings for it: they, suspecting her, stop'd it: they delivered it; here it is.

Prisoner's Defence.

The maid met me on the threshold of the door, and put the things on my head, and bid me carry them to my house, and take care of them: I kept them there some time.

Q. to Ross. Did you deliver the things to the prisoner?

J. Ross. No, I did not; I tied up the things, but directed every body to carry what I delivered to Mr. Arnold's.

Guilty . T .

350. (M.) William Smith was indicted for stealing a scythe made of iron and steel, and a wooden handle, value 4 s. the property of Thomas Wills , June 12 . +

Thomas Wills . About a month ago, I and Joseph Foster had lost our scythes: he, in looking for his own, found mine, in the possession of the prisoner: he pretended he bought it, but could not tell of who; (produced and deposed to.)

Joseph Foster . When I first found it on the prisoner, I asked him if he would sell it: he said, Yes; and asked four shillings for it: after it was owned, he offered to give us some beer to make it up.

Prisoner's Defence.

I bought the scythe of an elderly man.

Guilty . T .

351. (M.) Robert Clark was indicted for stealing a leather saddle, value 5 s. the property of Joseph Ford , June 14 . +

Joseph Ford . I live in Carey-street ; the prisoner was seen going out of my yard with a saddle. I went after him, and took him with it upon him, in Chancery-lane. It belongs to Mr. Grigg, who has a horse stands at livery at my house; but I am accountable for it, if lost.

Prisoner's Defence.

A young man desired me to carry it for him to Holborn; I took it to carry in a good natured way.

Guilty . T .

352. (M.) Ann, wife of John Horrish . was indicted for stealing one linen gown, value 5 s. one pair of cotton breeches, value 2 s. and two linen shirts. value 4 s. the property of William Whitford . June 8 . +

Sarah Whitford . I am wife to the prosecutor: on the 8th of June I went out, and left a little girl to take care of the house: when I came back, I asked who had been there; she said, Nobody but Mrs. Horrish: I miss'd the things mentioned in the indictment: I went and found her drunk upon a neighbour's bed, and every halfpennyworth of the things lay by her.

Jane Walker . The prisoner was at Mrs. Rogers's house very drunk; she asked me for a pint of beer; I desired her to go home and get a sleep before her husband came home: she insisted on some beer first: we sent for some: after she had drank, she said she would have a pipe of tobacco, before she went home. We observed a shirt hanging down. I met Mrs. Whitford in the passage: I brought her in: the prisoner was then lying on the bed, and the things by her.

Prisoner's Defence.

I came to this woman's house; she sent her little girl for a pint of two-penny; after that, another; and then another, till we had four: my head was light; I went to the house of Mrs. Rogers, to lie down: she desired me not to go to that house; she is a bad woman; she reads the Bible backwards, and turns the key of the door.

She called Ann and Sarah Jackson , who had known her eight or nine years, who said she was a very sober woman.

Henry Lock . I have known her fifteen years: the prosecutrix and prisoner have had quarrels and re-quarrels, and been before Justice Welch: the prosecutrix once said she had lost a cardinal, and wanted the prisoner to buy her another; and then she said she would make it all up.

Acquitted .

353. (M.) James Cooper was indicted for stealing a linen sheet, value 2 s. the property of John Tandey , May 25 . ||

John Tandey . I live at the sign of the Three Mackerels, at Mile-end : on the 25th of May, a soldier quartered with me brought the prisoner to lie with him: he went out in the morning to his exercise, and about ten the prisoner came down stairs, and went out: seeing a strange man, we went up, and miss'd a sheet. I went after him, and stop'd him, and in searching him, found my sheet round his body: then he said he had pawned his coat for his reckoning, where he had been drinking, and he took the sheet to pawn, in order to get his coat.

James Sedgwick . I am constable: I saw the sheet found, and heard the prisoner acknowledge he took it.

Prisoner's Defence.

I went to ease myself, and found the sheet in a ditch.

Guilty . T .

354. (M.) Henry Henstead was indicted for stealing fifty pounds weight of iron, value 5 s. the property of persons unknown, June 29 . ||

Thomas Lilley . I keep a smith's shop in Shoreditch: the prisoner's wife brought four iron streaks to sell, and said her husband bought them of one Baker. that keeps cows, in the way to Hackney. I had been informed that a house had been broke open, and some old iron stolen. I desired her husband would come: he did, and said he bought them of one Baker, that goes about selling milk. I said, Go along with me to him, and after that I'll buy it. He said, Let me go, and I'll find him. I said, You shall not go without me. I took him to Clerkenwell: he was there examined; he still could not find the man he bought them of. He was examined again, two days after; he could not give any other account. He sent for Mr. Basset, his master; he not coming, but sending a letter to the Justice. (the contents of which I know not) he was committed, and I was bound over to prosecute.

Acquitted .

355. (M.) William Kelley was indicted for stealing a linen sheet, value 2 s. three linen aprons, value 1 s. and three linen towels, value 1 s. the property of John Avey Derussat , May 28 . ||

Susannah Derussat . I lost the things mentioned in the indictment, on the 28th of May, from out of my house in Queen-street, Soho : I saw them again at Justice Welch's, but do not know who took them.

Elizabeth Harrison . On the 28th of May, I saw the prisoner go into the prosecutor's passage.

S. Derussat. The woman that was to give evidence against him is not come; she goes by the name of Lancaster: she was cast here for stealing of beef.

Acquitted .

(M.) He was a second time indicted, for stealing a tea chest, with a silver handle, value 20 s. the property of Pitt Collett . June 26 . ||

Barbara Laughton . I was servant to Mr. Pitt Collett: I lost a tea-chest last Wednesday was a week, but don't know who took it; I saw it again before Justice Welch, but the silver handle was gone. The prisoner was there; he said he had it from another boy.

Henry Wright . I did belong to Justice Fielding: I now am one of the turnkeys at Net Prison; the boy at the bar was taken with the tea-chest upon him, in Tottenham-court road; but I was not there.

Acquitted .

(M.) He was a third time indicted, for stealing a gold-lac'd hat, value 10 s. the property of James Gardner , May 18 . +

James Gardner . I lost a gold lac'd hat the 28th of May, from out of the passage of the King's Arms Coffee-house, Brewers street . I am servant to a Gentleman that lodges there: the hat was advertised by Justice Fielding on the 29th, and on the 30th I went and saw it there: the prisoner was there at the time.

Henry Wright . Mr. Gardner was at Sir John's on the Thursday in Whitsun week: the boy at the bar was there: this hat was produced: Mr. Gardner swore to it. One Eleanor Boyd brought the hat; she said she had it of the prisoner and another boy together, who had sore eyes.

Eleanor Boyd . There was a boy with sore eyes came to me, with three hats in his apron, then the prisoner, he came with some linen; I think it was on Whitsun-Tuesday.

Wright. That was the linen mentioned in the first indictment.

Court. Why was you not here to give your evidence on that trial?

E. Boyd. I did not know of it till the afternoon; then I came, and they would not let me in. I told the boys I had not silver enough to pay for the things, but would go and get change for a guinea: I went to Mr. Wright's house, in order to have them secured; they knowing his house, ran away: I stop'd all the things.

Prisoner's Defence.

I know nothing of the hat. I am between 13 and 14 years old.

Acquitted .

(M.) He was a fourth time indicted, for stealing a tortoise-shell snuff-box, mounted with gold, value 10 l. a gold-lac'd hat, value 40 s. one hat, with a silver band, button, and loop; value 27 s. one shagreen box, with silver instruments in it, value 10 l. and one plain hat, value 5 s. the property of Benjamin Francis Pool , Esq ; in the dwelling house of William Hollingsworth , May 28 . +

Benjamin Francis Pool , Esq; I lodged at Mr. Hollingsworth's, in Compton-street, St. Ann's : I had some company with me, that staid very late in the evening, on the 27th of May: I gave my servant orders to call me the next morning at half an hour after eight, to ride out. In the morning, having my boots on, I asked for my hat; my silver-lac'd hat was missing; then I asked for another; then we found a gold-lac'd one was missing: then I took another, and went to St. Martin's Lane; and there I recollected I had forgot my snuff-box. I sent to my servant to bring it: an answer was brought me, that it was missing also: upon which I immediately returned, and found my mathematical box of instruments was missing. I think it was on the Thursday following, there was an advertisement about some of the things: I went, accordingly, to Sir John Fielding 's; there I saw my snuff-box and gold lac'd hat, and the plain hat, but the band was taken away. The prisoner was then at Sir John's bar: Sir John asked him whether he knew any thing of the things; he seem'd to mutter, and would give very little account. Sir John, having much business before him, begg'd I would prosecute him; that is all I know of the matter.

John Strain . I am servant to Mr. Pool: these things were all missing on the 28th of May, in the morning: I was before Sir John Fielding on the Thursday morning after, with Mr. Pool; there I saw the two hats and snuff box; I know nothing how they were lost.

Henry Wright gave the same evidence as on the former trial; with this addition, That he received the snuff-box of one Patrick Quin , who said he had it of James Wicks , the lad with sore eyes; he is now in Newgate. (The hats and snuff-box produced and deposed to.)

Eleanor Boyd gave the same evidence as on the other trial.

Prisoner's Defence.

I know nothing of the matter; Boyd does this all out of spite.

Acquitted .

See him an Evidence, No. 335, 336, 337, 338, and 339, in last Sessions Paper.

See Boyd tried, No. 165. in this Mayoralty.

356. (M.) Ann, wife of Jenkin Richards , was indicted for stealing two silver spoons, value 4 s. three linen sheets, value 6 s. eight pewter plates, one blanket, and five flat irons , the property of Charles Freeman , May 18 . ||

Charles Freeman . I live in Wardour-street, St. Ann's, Westminster . I lost the things mentioned in the indictment at several times. The prisoner us'd to chear at our house: the last day she was there, she put a large dish behind the water-tub, and eight knives and forks, in order to take them away; then we tax'd her with these things, which we had miss'd: she denied it at first, but at last she owned to all of them, and where she had pawned most of them: she had pawned one sheet, one silver spoon, and two flat-irons, to Mr. Andrews. I went there, and found a sheet, a spoon, and one flat-iron; and at Mr. Stockdell's, in Great Poultney-street, she had pawn'd some things; but I had only one spoon from thence. She pawn'd them in different names.

Philip Andrews . On the 28th of May, the prisoner plodg'd this sheet with me, the flat-iron on the 20th, and the spoon the 25th. (Produced in court; the prosecutor deposed to the spoon.)

Prisoner's Defence.

I don't know what I did, for my mistress always made me drunk when I went there.

Guilty , T .

357. (M.) James Curford was indicted for stealing 60 pounds weight of sugar, value 15 s. the property of Richard and Thomas Oliver , June 29 . ||

Robert Scott . I was mate of a ship which was unloading of sugar in the river Thames. On the 29th of June I observed the tarpaulin hang carelessly over the lighter: I went down into her, and found the prisoner there with a bag of sugar by him, about three quarters of a hundred: he had the head of a cask in his hand, in which was sugar: the sugar was consigned to Richard and Thomas Oliver , merchants in London. I brought the prisoner up into the ship; he and other lightermen there us'd me with a great deal of scurrilous language: I took him before Justice Scott: the prisoner said he hop'd I would not go any length with him, or to that effect. There was cavity enough in the vessel to hold the sugar in the bag.

James Webster . I am merchants watchman: I saw Mr. Scott bring the prisoner out of the lighter; he ordered me to go down and take the sugar out, which I did.

Prisoner's Defence.

Which way could I open this cask, when they are all nailed in the inside?

He called William Gittern , Thomas Burton , and Godfrey Smith , who gave him a good character.

Acquitted .

358. (L.) James Walters was indicted, in company with two others not taken, for stealing one hempen sack, value 18 d. the property of John Hornblow , and four bushels of pease, value 10 s. the property of John Wilds , June 16 . +

John Hornblow . I live at Newbury, and am a meal-man . All I know is, I saw the sack at the constable's house; it is my property.

Thomas Parker . James Robertson the watchman stopt Spinosoe with the sack of gray pease on his back. I being constable of the night, he sent for me: Spinosoe said he was to have a shilling for carrying it, but he did not know where.

James Robertson . About twenty minutes after two in the morning on the 16th of June, we detected Spinosoe, a Jew, with a sack of pease on his back: I asked him how he came by the pease? - I don't know. - Where do you come from? - I don't know. - Who employed you? - I don't know. - I said, You must go to the Compter. He said, I am a very honest man: three men came and asked me to carry it, and said they would give me a shilling, and they had his hat; he had none on. In about a quarter of an hour the prisoner and another man came to us; he said the other man's name was Jones: they came from East-Smithfield way, which was quite a different way from that Spinosoe came. When the other man knew they were pease, he said he was a custom-house officer; if they had been worth any thing, he would seize them: then the prisoner and he went away again.

John Hammock . I am the master of the barge the pease were worked in; she lay at Queenhithe. On the 16th of last month, my man told me there was a sack missing; and on the 17th the watchman and constable came to Bear-key, and told me they had taken a man with a sack of pease: the sack was Hornblow's. We took Spinosoe before my Lord Mayor; he swore Walters was one of the men that employed him to carry them. My Lord committed him for farther examination. Walters was taken on the Sunday, about eleven in the forenoon, by the description that Spinosoe gave of him. Spinosoe said there were four more concerned.

David Spinosoe . One Sunday morning I got up about half an hour after two o'clock, and went to Billingsgate to see if I could buy any mackerel: there was none. I was going home up Darkhouse-lane; I met the prisoner and four more; they ask'd me if I was willing to have a job; they gave me some drink; we went down Tower-wharf; they put the sack upon my shoulder; they said they were going but a very little way, not above forty or fifty yards; they went before me; I came up the hill, and two watchmen stopt me: I never saw them before: one is nam'd Abraham Malcha , a Jew. I described the prisoner, and he was taken.

Uziel Bareau. I am a constable: I took up the prisoner on Sunday morning at the Crown in Darkhouse-lane, by the description the prisoner's father gave me.

Henry Hope . I saw Spinosoe as I was in my watch-box, at the end of Thames-street, with the sack on his back: the other men were twenty or thirty yards before him: I followed, and was at the securing of him.

Prisoner's Defence.

I was coming over Tower hill: seeing a mob, I went to see what was the matter: they had got Spinosoe: they came after that, and took me in custody. I know nothing of the sack.

Acquitted .

359. (L.) Mary, wife of John Beckett , was indicted for receiving six quartern loaves of wheaten bread, the property of Robert Bagnall , being part of the goods stolen by Walter Hart , well knowing them to have been stolen , May 6 . ++

The evidence here was the same as on the trial of Hart (see No. 299. in last Sessions-Paper). It appearing she received the loaves in company with her husband, so could not be guilty of a felony.

She was Acquitted .

360. (L.) William Watkins was indicted for stealing a linen handkerchief, value 10 d. the property of William Forbes , June 30 . ++

William Forbes . I am a merchant's clerk . On Sunday the 30th of June, about half an hour after nine o'clock at night, I was coming up Ludgate-hill : a gentleman was with me: I was on the outside; I felt something pull hard at my pocket; I look'd, and saw the prisoner with my handkerchief in his hand; he was behind me: I had two handkerchiefs in my pocket; I had fight enough of it to know which it was: I ran a good way after him; he cross'd the street, and a coach parted us: he got opposite to the end of the Old Bailey, in the passage that goes to Blackfriars; there he was taken: there my handkerchief was taken from the ground, and delivered to me. (Produced and deposed to.)

John Minshaw Saul. I was at the Cock alehouse in that passage: I heard the cry Stop thief; I ran out, and took the prisoner by the collar, an d took him into the ale-house: I saw him drop this handkerchief just as I came to the door.

Prisoner's Defence.

I was coming along, and heard the cry Stop thief; I ran up the Cock in the corner, and this young fellow took hold of me, and said I dropt the handkerchief. I never saw the gentleman that owns it.

Guilty . T .

361. (L.) Thomas Mason was indicted for stealing a silver inside case of a watch, value 4 s. a pillow-plate, value 2 d. a brass wheel of a watch, value 6 d. and an enamelled dial-plate of a watch, value 12 d. the property of Edward Blunt , June 10 . ++

Acquitted .

362. (L.) William Cook was indicted for assaulting Humphry Pugh with a pistol, with a felonious intent to receive his goods and money, against his, Majesty's peace, &c. June 9 . *

Humphry Pugh. As I, my wife, and little boy, were going home on the 9th of last month, going through St. Paul's church-yard, it had just struck 12 o'clock: there were a parcel of young fellows and women of the town quarrelling; we past them, and said nothing to them, nor they to us: I believe the prisoner came from them: I did not see him till we came to the Mansion-house; then he was sometimes by my side, and sometimes by my wife's side, and sometimes a yard before us: I suspected him to be a pick-pocket. When we came a little beyond the end of Devonshire-street, in Bishopsgate-street , he was about three yards before us; he turned short, and put a pistol towards my breast, and said, D - n you, Sir, I'll blow your brains out. I can't say he asked for my money. I said, Hey! Hey! what is all this? My wife said, For God's sake don't let it off; I'll give you all I have, I thought it a shame to be robbed by such a little urchin as he. (The prisoner appeared not to be above 14 or 15 years of age.) I rush'd upon him, and trip'd up his heels; he threw his hand back, and fell against the side of a house; he recovered himself, and took to his heels, with the pistol in his hand: I ran after him; my wife called, Stop thief, and I the same: a watchman met us, and took him: he was never out of my sight: the watchman took this pistol out of his pocket; ( produced in court) it was charged: he was taken to the watch-house; the constable asked him who he belonged to? he answered. What was that to him? and would give no answer.

Prisoner's Defence.

I am not 14 years of age.

Guilty . T .

363. (M.) Richard Mears was indicted for stealing a pound weight and a half of ox-tail hair, value 6 d. on the 27th of May , and six pounds weight of horse hair, value 7 s. on the 30th of May , and two pounds weight of ox-tail hair, value 1 s. on the 31st of May , the property of Joseph Thatcher . ||

Joseph Thatcher . I work for upholsterers : the prisoner worked for me three days, and in that time robbed me of these three quantities of hair; the last parcel I saw him bring out of the house: (produced in court, and deposed to) I asked him how he came to rob me; he said the d - l put it into his head.

Guilty, 10 d. T .

364. (M.) Samuel Jones was indicted for stealing one bridle, value 2 s. the property of Samuel Minshiner , one bridle, value 2 s. the property of John Say ; one pair of leather reins, value 2 s. one pewter bason, value 6 d. the property of Ann Bentley , widow ; one pair of leather shoes, value 1 s. one brush, value 6 d. one hempen halver, value 2 d. the property of Isaac Barker ; and one hammer, value 2 d. the property of Thomas Cole , June 29 . ||

Daniel Goodall . The prisoner made hay for Mrs. Bentley: I am a servant in the house: I took the prisoner up in our yard, with all the things mentioned in the indictment, concealed under his coat. (Produced in court, and deposed to as the property of their respective owners.)

Prisoner's Defence.

I worked for Mrs. Bentley a fortnight: I went to ease myself, and picked up these things by the side of the barn-wall among the nettles.

He called Jeremiah Fox , who had known him eight or ten years, who gave him a very good character.

Guilty . B .

365. (M.) Mary, wife of George Cowley , was indicted for stealing a woollen rug, value 20 d. a blanket, value 9 d. two sheets, value 3 s. and two pillow cases, value 2 d. the property of William Howard , in a certain loding-room let by contract by the said William, to be used by the said Mary , June 10 . +

Jemima Howard . My husband's name is William Howard : we live at Stepney : the prisoner took a lodging at our house about eight or nine months ago, ready furnished, On the 8th of June we miss'd the things mentioned in the indictment, which were part of the furniture; the prisoner was then in our house; I charged her with taking them, and she owned to me she had pawned them; the rug and blanket she had pawned to John White . (Produced and deposed to.)

John White . The prisoner pledged this rug and blanket to me the day before Christmas-day last.

Catharine Harris . I was in the room when the prisoner confessed she had taken all the things mentioned.

Daniel Hatch . I heard the prisoner confess the taking all the things (mentioning them by name.)

Prisoner's Defence.

Mrs. Howard said, if I could get them as fast as I could, she would not hurt me. I had not seen my husband for some time before they took me up.

Guilty . T .

366. (M.) James Hawket was indicted for stealing three pair of cloth breeches, value 5 s. and two pair of leather breeches, value 9 s. the property of Francis Parke , privately in his shop , June 4 ++

Francis Parke . I live in White-lion street, St. Giles's in the Fields , and am a taylor and salesman : I keep a shop, and my wife a public-house; they go one out into the other: my wife hired the prisoner about the 26th of May to draw beer; the Saturday following he asked me to let him go to see his mother to get him some necessaries: I did; he was gone, I believe, three hours and a half. When he return'd, I ask'd him the reason of his staying so long; he said he had been as far as Finchley to his mother a hay-making; that he ran all the way, and in coming back got a lift in a post-chaise. On the Tuesday following, about 11 in the morning, I was sent for to Sarah Partington , about three or four doors from my house; she told me my boy had brought two pair of cloth breeches to her, and desired her to take them in; and that he equivocated, saying at one time they were his own, and another time that they were his father's: she gave them to me; ( produced in court) they are my property: I brought them to the prisoner in the tap room, and said, Do you know any thing of these breeches? he said, Yes; I took them from your shop. I said, I'll take you to another shop. I considered he was very young, and I was sorry to take him before the Justice: I told him, if he would tell me what other things he had taken, I would let him go about his business; he declared this was the first thing he ever did, and wish'd he might die if he did any other thing. I took him before Justice Welch, and told the Justice I thought he had robb'd me of something else. I told the Justice, as he was young, I intended to take him home, and give him a little dressing, and let him go. The Justice seemed agreeable: I took him home, and did so, and sent him about his business: the next morning I got up and look'd over the shelves, and miss'd two pair of leather breeches, and a pair of cloth breeches: I went to Justice Welch, and told him my suspicions of the mother: he granted me a warrant to take up the boy. Before I took him before the Justice, I ask'd him if he would tell me what he had done with my leather breeches; he would not acknowledge any thing. I took him before the Justice; there he would not own to any thing. After he was committed, the runner ask'd me to give him something to drink. While we were drinking, he began to talk to the boy: he told him he would take his hand-cuffs off, and he should be indulged in the prison all in his power, if he would tell the truth: at last he said he would tell him when he came to prison. No, said the runner, you had better tell me now; then he told me he had stolen two pair of leather breeches, and they were pawned in Oxford road for 9 s. He and the runner went for them, and brought them. I described them before they were opened, and I swore to them before Justice Welch. (Produced in court.)

Jacob Maggs . I am servant to Mr. Powell, a pawnbroker in Oxford road. The prisoner pawned these breeches to me for 9 s. on the 1st of June, in his own name: he said he brought them from his father.

Q. Did you send to know if that account was true?

Maggs. No, I did not.

Q. How long have you been in the business?

Maggs. About six years.

Q. Do you often take in pawns in this manner of such boys as this?

Maggs. No, we do not.

Court. If you do, you will never be six years in business before you are transported. If you had stood where he does, his evidence would have convicted you for having received goods knowing them to have been stolen.

Sarah Partington . The prisoner brought two pair of cloth breeches, and said they were his own, and desired to leave them with me: he came again, and then said they were his father's. After he was gone, I look'd and found the prosecutor's mark upon them; then I desired the prosecutor to come to my house: he did, and look'd at them, and said they were his property.

Prisoner's Defence.

When I got up in the morning, there lay four pair of breeches at the door; I did not know who they belonged to, and I carried them to this woman. I am but fourteen years of age.

Guilty of stealing, but not in the shop . T .

367. (M.) Francis Attaway was indicted, for that he, in a certain field and open place near the King's high-way, on Edward Williams did make an assault, putting him in corporal fear and danger of his life, and stealing from his person one metal watch, value 40 s. and one hat, value 5 s. from the said Edward against his will , Jan. 10 . ++

This being a fact committed in company with John Ward , who was tried and cast for the same in January Sessions last (see No. 103. in this Mayoralty) to which trial, for want of room for other singular trials, we refer our reader, the evidence to prove the fact being exactly the same.

James Wright deposed to the prisoner denying his name when apprehended, which was about the 17th of June, and that he said his name was Philips.

Mr. West, that keeps the White Hart in Bunhill-row. deposed to Ward and the prisoner being at his house, and that the prosecutor and they went away pretty near together, the night the prosecutor swore he was knock'd down and rob'd by them in Moorfields.

The prisoner, in his defence, said he was not guilty. He called William Ballard , a butcher in Newgate market, who deposed the prisoner was a watchmaker, and a very industrious lad as ever he knew in his life. Henry Harrison , who had known him above a year and a half, and employed him a year of that time in the watch-movement making, deposed his general character was very good, as far as he knew. John Hanks of Saffron-hill, who had known him some years, deposed be never knew he had a bad character. John Attaway , his brother, and William Cave , gave him the character of an honest sober man.

Guilty . Death .

368. (M.) Ann Stanley , otherwise Alder , spinster , was indicted for stealing a stone buckle set in silver, value 10 s. a gold ring, value 10 s. two silver spoons, value 20 s. one large silver plated spoon, value 1 s. one copper pan, one brass candlestick, two pair of cambrick ruffles, three muslin neck-cloths, two shirts, a silk handkerchief, three cambrick bosoms for shirts, four linen sheets, two pair of long lawn shirt-sleeves, a cambrick handkerchief, three quarters of a yard of flowered lawn, a nankeen waistcoat, two flowered cotton window-curtains, and other things , the property of Jacob Nortzell , Jan. 12 . +

Jacob Nortzell . I am a merchant , and live at Mile-End : the prisoner's mother nursed my wife in her lying-in, and she used to be backwards and forwards; sometimes she has cleaned the house, and assisted her mother. She staid five or six weeks after my wife died, which was on the 20th of December, at which time my sister came to keep my house; the mother staid in the house till April following. The prisoner went away the 12th of January, and I desired her mother that she never might enter my door again. She went from my house to a person that keeps the Weavers Arms, an alehouse in Spittalfields: he having two club-boxes in his house, which were robb'd of a good deal of money, he came to me, and ask'd me if I had not lost things. This was in the month of May. Then I read him the list of things I had lost. He told me she had a pair of window-curtains in his house: I show'd him the curtains on my bed, the same of two window-curtains I had lost; he said them he had seen were the same; upon which I took a warrant against her. I lost also a pair of work'd ruffles: I have found part of them made up into a cap. I lost all the things mentioned in the indictment, and more.

William Marmon . When the prisoner came first out of the country, through a relation of her's, I took her in, which was about two years ago. She was backwards and forwards at my house often: she came from the prosecutor's to my house some time about Christmas. After my house was robb'd, which was on the 3d of May, (she was a lodger then with me) she told me, when I saw her flush of money, her uncle had sent her up 17 l. and that the prosecutor had changed the bill for her. I went to him; he said he had not chang'd any bill for her: he said he had been robb'd the time her mother and she were there, and he had great reason to suspect her: he mentioned to me the things he had lost, window-curtains, sheets, ruffles, spoons, and a large candlestick. I seeing his bed-curtains, I came home, and told my wife they were of the same that the prisoner had work'd up into a quilt. I saw the rings upon them before she cut them off.

Sarah Marmon . My husband told me of the bed-curtains he had seen at the prosecutor's house: I went there, and am certain those two curtains that she had work'd up into a quilt in my house were the same pattern and cloth. When she was joining the quilt together, she said she had them from her grandmother out of the country. When we search'd her house we found the quilt; but the border made of the curtains was taken off. I ask'd where the red and white border was; she said, if we wanted them, we might go and look for them. (Two bed-curtains produced, brought by the prosecutor.) The curtains I saw the prisoner work up into a quilt in our kitchen, were the fellow to these, of the same chintz pattern, a particular fine cotton.

Prosecutor. I miss'd the two curtains some time in December; they were not in use, but were laid by.

Robert Reves . I am a constable: I search'd the prisoner's house, and found the quilt; but the border was taken off, and another sort put on: Mrs. Marmon said so: we left it there.

Elizabeth Queston . The prisoner gave me some ruffles on a tape about half a year ago, of which I made a border of a cap. (Produced.)

Prosecutor. I know this to be my property, made of a pair of ruffles which I lost.

Mary Loway . I work'd this very work on this cap from this pattern (producing a paper pattern); it was made into a pair of ruffles for the prosecutor: I know it by the work, the pattern, and the lawn.

Mary Price . I help'd to quilt the quilt for the prisoner, after she had put the border on, which was the same pattern as this curtain here produced.

Prisoner's Defence.

I never carried any thing out of the prosecutor's house, except by order of him or his wife.

She called Mary Kemp , who bad known her three quarters of a year, William Kinch and Charles Lovelock from a child, who gave her a good character.

Guilty. 20 s. T .

369, 370. (M.) Essa Morrison and Barbara Waller , otherwise Smith , were indicted, the first for stealing 7 guineas, one half-guinea, and 6 s. in money, numbered, the money of James Glass , in the dwelling-house of the said Barbara Waller , otherwise Smith , and the latter for receiving 25 s. part of the same, well knowing it to have been stolen , June 28 . +

James Glass . I am seaman . On the 27th of June I was paid off from one of his Majesty's ships in Deptford yard: I was a little in liquor, and came up to London about 10 at night Coming past an alley called Bright's Alley, by Nightingale-lane, facing the Red lion , the two prisoners were sitting at the alley: I never saw them in my life before: they ask'd me for something to drink; I said it was rather too late: they took hold of my arms; I said I could go myself: I went with Morrison up into a room in a private house; she had a candle lighted; the other woman staid behind: I ask'd Morrison what I should give her to stay with her all night; she ask'd a shilling; I told her I would give her a shilling; but, said she, you must give my landLady (meaning the other prisoner) a shilling for the bed. Yes, said I, I will do that: I did; then I thought I had a right to lie down. I had 7 guineas and a half, and 6 s. in silver, tied up in a corner of my handkerchief, which I had about my neck: I lay down, and put my handkerchief under my head; I don't think she lay down; they had felt, and knew I had money about me; I was pretty far gone in liquor; I heard my money fall off the bed, and I believe she heard it too; but I thought it was safe. In the morning I awak'd about a quarter before four, and look'd about the floor for my money: I saw my handkerchief lying at the foot of the bed, and the money all gone: I thought it time then to make a report: not one of the women was in the room: I went down stairs, and made a report to Barbara Waller ; I knock'd at the door: Who is there? said she; I said, A friend. I said, Do you know the woman that was along with me last night? Yes, said she, very well; what is the matter? I told her she had robb'd me of seven guineas and a half, and 6 s. She put on her cloths immediately, and went out to look for her. I desired her to secure her, and keep her fast till she sent for me; she said she would. I said, I will stay in the house till you come with an answer from her. She came again a little after five o'clock, Sir, said she, I have been over to the White Hart in the Borough; her name is Essa Morrison; she was seen going over London-bridge, and is gone down to Portsmouth. I said I would write down there, and have her adververtis'd and find her if in England. By looking about, I found Morrison at the Ship, one Anderson's, in East-Smithfield. As soon as I saw her, she said, There is the cull that I robb'd; I wish it had been a thousand pound. The constable was with me. I took her up: she was search'd, but not at that present time; there was 12 s. 6 d. and a ring, found in a box upon her. We took Waller in the afternoon about four o'clock; she came to her home in a coach, with a bundle of new cloaths that she had bought. Morrison told me before Justice Scott, at the Angel in Whitechapel, that she gave her two guineas in gold, and Waller answered it was but 25 s.

Q. Have you got your money again?

Glass. No, I have not got a single halfpenny. I am certain I had th is money when I went to bed; I had taken a five and threepenny piece out and chang'd it, and put the change in my shoe.

Richard Mennit : I am headborough; I was present when Morrison was taken up; I heard her say she took 4 guineas and 6 s. and she gave Waller 2 guineas of that money. Waller answer'd, she gave her but 25 s. I heard Morrison say, if it had been a thousand pounds, it would have been little enough. Here is the box, and 12 s. and a brass ring, that I took from her. (producing them).

Morrison's Defence.

This man pick'd me up, and went to a public-house; he went home with me, and gave me a shilling for supper, and gave this woman a shilling: he pull'd his money out of his handkerchief, and said, I'll give you this money if you'll live along with me. He made me a present of 4 guineas and 5 s. and desired me to make the best advantage of it: he said he was going to sell his ticket, and would bring me more. I had lain with him before that.

Waller's Defence.

When they came in, she told me he was her husband; they gave me a shilling to get supper; I fetch'd in a twopenny-loaf and a pot of beer: she told me he had made her a present of the money to live along with him.

Morrison guilty of stealing, but not in the dwelling-house . T .

Waller Acquitted , but remanded back to prison for keeping a disorderly house.

371. (M.) William Abbott was indicted, for that he, in a certain park called Hyde-Park, near the King's high-way, on John Stuckley Somerset , Esq ; did make an assault, putting him in corporal fear and danger of his life, and taking from his person one green silk purse, value 1 s. and 6 s. in money, numbered, the property of the said John, against his will , June 22 . *

John Stuckley Somerset , Esq, I was returning from Turnham-Green in a coach with Major Smith and three ladies on Saturday night, the 22d of June, a little before ten. Going through Hyde-Park , not far from Grosvenor gate, we were overtaken by a highwayman on horseback, who rode up to the coach-door, and ordered the coachman to stop; upon which Major Smith, who sat near that side he came up on, shoved a large stick out at the window against the neck of the highway-man's horse, and ask'd him how he dar'd to stop the coach, and what he wanted. The man immediately came up a second time to the coach, presented a small pistol, and said he wanted our money. Major Smith, I believe, gave him some silver, and he collected money from two of the ladies, and a green purse, with about 6 s. 6 d. or 7 s. in it, from me. Among this money were three or four sixpences. One of the ladies delivered to him a green purse, and three or four shillings in it. After that he rode back. There was nothing over his face, as well as I could see at that time of night; and I have seen him several times since. I do believe the prisoner is the man. I don't swear positively he is the man. I gave a description of him before I saw the prisoner again, and that description answer'd.

Major Smith. I can only confirm what Captain Somerset has said. The person was so close: to me, I can be as positive the prisoner is the man that robb'd us, as I can be positive to my own person. I talk'd with him: he told me, when leaving the coach, that distress drove him to do it.

Cross Examination.

Q. Was it light or dark?

Major Smith. It was a very remarkable light evening; I believe the moon was just rising at the time; I could distinguish him or any body else; his head was close to me.

Q. Were there any lamps near?

Major Smith. No, there were not.

Q. What colour was the horse?

Major Smith. He was mounted, as I took it, on a black or dark brown horse; he had rode him very hard; he had a snuffle bridle; he behaved with a great deal of civility and politeness.

Richard Wood . I was by the barracks at Kensington-gate, and heard the cry Stop thief. This was on a Saturday night, about the hour of ten, the same night this robbery was committed. The prisoner came up on a gentle trot to the gate; he desired the man to open it; he did not open it immediately: there came two men galloping up the park, hallooing out Stop thief; I ran to meet them; the prisoner turned about, and I seiz'd his horse's bridle; he ask'd me what reason I had to stop him; I told him I thought he was a highwayman; he said, Let the horse go; I said I would not; he struck me several times with his whip: he finding I would not quit his horse, he jump'd down and left him, and ran away. I ran after him; he jump'd from the road to the greensward; I jump'd after him, and seiz'd him; then he said he would surrender to me.

Q. What colour was the horse?

Wood. The horse was a bright bay, with a small star in his forehead; he was very sweaty; he appeared to have been rode hard.

Cross Examination.

Q. Did he appear to be in liquor?

Wood. No, he did not. I was ordered to take him to Sir John Fielding that night: I took those things out of his left-hand breeches-pocket (producing two green silk purses, with money in each); I have had them in my custody ever since. I found this cock of a pistol upon him (producing one).

Capt. Somerset. (Takes one of them in his hand) Mine was an old green purse like this; I believe this to be mine (be turned out 6 s. 6 d. among which were three sixpences); the other purse we believe to belong to one of the ladies; but she is not here. There were two of my sixpences appeared to be pretty fresh; the impressions were very strong upon them; and so are two of these in the purse I believe to be mine.

Robert Stoaks . I was coming from Kensington Gravel-pits. A little on this side Kensington, a gentleman on a black horse with a bald face told me there was a highwayman in the park.

Q. What are you?

Stoaks. I am servant to Mr. Hall the riding-master. The gentleman ordered me, and John Dodd my fellow servant, to go in pursuit, and he would go along with us. We rode down Knights-bridge, and in at Hyde-Park Corner. The gentleman went no farther than the gate; my fellow-servant went in first; he said the man was coming from Kensington mounted. When he saw us, and heard us call a highwayman, he turn'd and went towards Kensington. I did not see him after till this light-horseman, Wood, was running after him. I met them both running on foot. I was close to them when the light-horseman took him. We went to Justice Fielding's with the prisoner, and saw the light-horseman take these things out of his pocket.

John Dodd . I am servant to Mr. Hall, a riding-master. I was returning from Kensington Gravel-pits with Stoaks towards Knightsbridge. Kensington-gate was shut. There came a gentleman up with a black horse with a bald face from Kensington; he said he heard there was a highwayman in the park, and desired us to go with him. They would not let us go through Kensington gate. We both went with him: we rode on to Hyde-Park Corner gate, and bid the gate-man shut the gate, for there was a highwayman in the park. Just at that time the man came riding up from towards Grosvenor-gate upon a gallop. There was hallooing out towards Grosvenor gate of a highwayman; they halloo'd after him Stop thief. I and my fellow-servant went after him towards Kensington gate: we came up to him just as the light horseman took him on the greensward; they were both on foot. I rode first, and my fellow-servant after me.

Capt. Somerset. We got out at Grosvenor gate, and desired the man at the gate to shut it, and told him what had happened. Whether he did or not, I don't know. Major Smith and I went for our horses, in order to pursue. We went towards Hyde-Park Corner in order for our horses; and ordered the coachman to drive the ladies home. As we were going towards our horses, we met a man mounted; we desired him to ride to Hyde-Park gate, and order the man to shut it, while we got our horses ready. As we were going down, we heard a man on the other side the park wall gallopping as hard as he could. We supposed he had been up to Grosvenor-gate, and could not get out. As soon as my horse was ready, I got upon him, and Major Smith wrote to Sir John Fielding , and described the highwayman's person. I rode found to Hyde-Park Corner gate; I found the alarm had been given; then I rode to Kensington gate thro' Knightsbridge. When I came there, I found they had just taken the prisoner; the officer ask'd me if I should know him if I saw him. I went into the guard-room, and said, I believed he was the man. The officer ask'd me if he had taken any thing particular from me; then I mentioned this old green purse. The prisoner said he had no purse about him, and said they might search him. They did not think it so proper to search him then: he was put into a coach, and carried to Sir John Fielding 's. I came there just after they had search'd him, and they shewed me this purse.

Prisoner's Defence.

I am very innocent of the thing.

To his Character.

Mr. Beaver. I have known him near three years; he has been a gentleman's servant, but lately buys and sells horses. I have had dealings with him; he paid me honestly.

Mr. Kelly. I have known him about three years; I look upon him to be an honest, industrious, fair-dealing man. If he had wanted an hundred pounds, I would have lent it him.

Mr. Peate. I have known him sixteen or seventeen months; he is a sober, honest, industrious man, and never quarrelsome. I think within myself, he is the least capable of going on the highway of any man I know. I take him to be a timorous man.

Mr. Howell. I have known him between two and three years; I have had dealings with him, and never heard or saw any thing amiss by him.

Mr. Reves. I have known him sixteen or seventeen months; I always took him to be a very honest man.

Mr. Floodgate. I have known him eighteen months; he is an honest, industrious man.

Mr. Jones. I have known him about twelve months; I always found him just and punctual in all his dealings.

Mr. Carver. I have been acquainted with him upwards of twelve months, and have had dealings with him; he always behaved just and honest; I never heard any thing amiss of him in my life.

Mr. Webb. I have known him between two and three years; I never heard a syllable amiss of him.

Mr Draper. I have known him about eighteen or nineteen months; I have recommended him to sell horses; he is a very sober, honest man.

Mr. Stevens. I have known him more than four months; his character is that of an honest man.

Mrs. Elliot. I have known him going on four months, or better; he is a very honest, sober man. I never heard to the contrary.

Q. to Wood. How was the prisoner dress'd when you took him?

Wood. He had a plain hat, and a blue surtout coat.

Guilty . Death .

372, 373. (M.) Henry Laurence and John Fluty , were indicted for stealing nine pigeons, value 3 s. the property of James Cox , June 5 . ||

James Cox . I live in St. Giles's ; I had five pair of pigeons in a room in my house, and nine of them were taken away; they were found again the next morning, which was the 6th of June.

Philip Parker . I am a butcher . I had lost a quantity of meat, and in searching, I got a ladder and went up to a window, and saw this man's pigeons in a basket. The prisoners lodge at one Mrs. Davis's, and the pigeons were in a one pair of stairs room backwards there. The prisoners were taken before Justice Welch, and there acknowledged they stole the pigeons from the prosecutor.

Q. Did you tax Mrs. Davis?

Parker. I never could find her; but the boys at the bar used to lie in the room where the pigeons were found: I made Fluty turn out his pockets, and there were pigeons feathers in them.

Edward Williams . I shall be seventeen years of age the 11th of July next: the two prisoners and I were concerned in taking the pigeons: we got over some pales, and got to the pigeons: we sent Fluty home with them to Mrs. Davis's.

Laurence's Defence.

There were more boys lived in the same room, and a girl; they might take the pigeons, for what I know.

Fluty's Defence.

They gave the basket to me, and I took it up into the room, not knowing how they came by it.

Both Guilty. 10 d. T .

(M.) They were a second time indicted, for stealing 27 pounds weight of mutton, value 7 s. and 11 pounds weight of veal, value 2 s. the property of Philip Parker , June 5 . ++

Philip Parker . After my meat was taken away from a cool place where I had hung it to keep, in the night, on the 5th of last month, I found some of the fat of the mutton near the door where the prisoners lodged; and after the boys were in custody, I put Laurence's foot into the print of a foot in the mould in my garden, and it fitted exactly. He then said he would tell me where my meat was. He took me over the Ruins of St. Giles's, and went up into an old uninhabited house; there was my meat under the roof of the house: he gave an account that Fluty and Williams were concerned. I took them both up. When before Justice Welch, the Justice would not admit him an evidence, but admitted Williams, who is very young.

Edward Williams . Fluty and I were out last bonfire-night: when we came home, Laurence told us he knew of some pigeons we might get: we went over a wall, and, by getting on a barrel, we got up and got them: Fluty brought them home; we seeing this man's meat hanging up under a penthouse in the next yard, I went and got it, and gave it to Laurence, and he gave it to Fluty we carried it to our lodgings; Mrs. Davis begg'd of us to carry it back again, Mr. Parker being a neighbour: then I carried the mutton, and Laurence the veal; and we went to an empty house and hid it.

Q. to Parker. Where do you live?

Parker. I live opposite St. Giles's Church.

Laurence's Defence.

I told him the next day where it was.

Fluty's Defence.

They gave me the meat, and desired me to carry it: I would not; then they went and carried it to up to that place.

Both Guilty . T .

374. (L.) Elizabeth Hutton , spinster , was indicted for stealing a woollen cloth great coat, value 15 s. the property of Richard Oaks , July 1 . ++

Richard Oaks . On Friday the first of July, I lost a great coat from the room where I lie, in petticoat lane . I miss'd it about four in the afternoon: I had a suspicion the prisoner' had taken it: I went to a pawnbroker, and described her: I was told such a woman had been there with a coat, but they would not take it in: the next day one of my neighbours went and found it at another pawnbroker's: (produced and deposed to) it is a coat I wear to watch in; here is the number and name of the ward upon it.

Mr. Delaforce. The prisoner pledged this coat to me for three shillings; she said it was her husband's coat: the next day it was enquired after, and I delivered it up. The name and number were under the cape, and I did not see them.

Prisoner's Defence.

A woman gave me the coat to pawn, and said it was her husband's coat; so I pawned it for 3 s. and she gave me one.

Prosecutor. She never said another woman gave it her before, in my hearing.

Acquitted .

375. (L.) Amy, wife of - Pinhorn , was indicted for stealing a silver watch, value 3 l. 10 s. and one metal watch-chain and seal, value 12 d. the property of Thomas Burdin , May 27 . ++

Thomas Burdin . I am hostler at the Rose-inn, at Holborn-bridge: the prisoner came to me there, on the 27th of May, between ten and eleven at noon: she invited me to go with her: in the first place we went to a public house on Holborn hill, and staid there about an hour; then we went to a public house in Brook's-market; from thence to another public house, and the last was the Coach and Horses, in Water-lane, Fleet-street . I pull'd out my watch to see what o'clock it was; she took it, and said she would have it: I said she should not: she said, if I went to take it from her, she would swear a robbery against me. I went and told an acquaintance of mine of it, and he advised me to get a constable and take her up, which I did. I took her up at a house opposite the Coach and Horses; and the watch was found upon her. (Produced and deposed to). I never saw her but once before in my life.

John Emerton . I am a constable: I took the prisoner up; and in the lodge in the Compter she was searched, and the prosecutor's watch and another were found upon her: as we were going along, she offered me a guinea to let her go. She said she lent the prosecutor two guineas on it; tho' at first she said she had not his watch; then she said I had robbed her of ten guineas.

Prisoner's Defence.

I lent the prosecutor two guineas on the watch at the Bull in Holborn; he offered me a guinea to have to do with him, and I would not let him.

For the prisoner.

Francis Tollington . When they were at our house, she told me, when he was not above a quarter of a yard from her, that she had got a watch of the prosecutor's, which she had lent him two guineas upon, and pulled it out of her pocket.

Q. What answer did he make.

Tollington. He made none at all.

Thomas Crutchfield , Thomas Nightingale , Robert Lack , and Anthony M'Cay, gave her a good character.

Acquitted .

376, 377. (L.) William Burrel and Joseph Merry , were indicted for stealing eight pounds weight of starch, value 3 s. the property of Charles Barrow and John Reynolds , June 21 . +

John Drew . I am lighterman to Messrs. Barrow and Reynolds, oil-men : I was going through their warehouse on the 21st of June, between eight and mine in the morning. I saw Burrel coming down from the first story, with his apron full of something. I went and told John Smith of it. I saw Merry's hand in Burrel's apron. He brought them back to the compting-house: I saw him take two papers of starch from Burrel's apron: there was nothing found upon Merry.

John Smith . I am servant to Messrs. Barrow and Reynolds. Drew came and told me he belived the two coopers, meaning the two prisoners, were making off with something; I went and brought them back to the compting-house; Burrel had two papers of starch in his apron; my masters deal in starch, and keep it in that warehouse which Burrel came out of; Merry was at work at the bottom of our Warehouse.

Q. Were there any marks on the starch

Smith. No there were not.

Q. Was there any starch missing?

Smith. I can't say there was; there was but one hogshead of starch, and that was open.

Burrel's Defence.

I was very much in liquor.

He called Thomas Collins , John Hawkins , Robert Kate . Richard Pombery , Mr. Jones, Mr. Macanalley, and Hannah Thornton , who all gave him the character of an honest man.

Merry's Defence.

I am entirely innocent of the affair.

For Merry.

Thomas Franklin . Merry is my apprentice: he has served me eight years, within a trifle: he never lay out of my house; never went out without asking leave of me or my wife. He has always been very regular in his business.

Both Acquitted .

378. (L.) William Goodman was indicted for stealing twelve pounds weight of iron, value 18 d. the property of John Watts June 11 . *

John Watts . I live in Long-lane, near Smithfield : I lost some iron on the 11th of June last; I was in the country at the time; the next witness can give a better account of it than I can.

Andrew Carter . I have been journeyman to Mr. Watts seven years: I was at dinner at the Griffin in Long-lane, on the 11th of June; going from thence to our shop, I saw the prisoner coming out of it; I said, William, what have you in your pocket, you seem to be loaded very heavy? Andrew, said he, I want to speak with you; he took me into a stable near the shop, and begg'd of me not to tell Mr. Watts, and delivered the iron out of his pocket to me; it was horse-shoes; I don't know how many there were, but they weighed twelve pounds three ounces. I said, it did not signify begging, for as soon as I saw my master I should tell him, which I did. I took the prisoner to the Griffin, and left him in the care of my fellow-servant till I got a constable and charged him.

Q. from the Prisoner. Whether I was not in liquor.

Carter The prisoner seemed to be in liquor.

Prisoner's Defence.

I had been walking about very hard to seek for work, and met with three fellow-servants, and they made me very drunk; I went up that yard to the vault, and went into the shop; but I was out of my mind, I did not know what I did.

For the Prisoner.

Mary Baker . The prisoner was my servant upwards of six years: he left me about four years ago; I never knew him to wrong me of a pain, or a pin's point, in his life. I have known him since; I never heard a bad character of him.

Guilty . W .

379. (L.) Ann Wilson , spinster , was indicted for stealing one muslin handkerchief, value 12 d. two gauze caps, value 2 d. and three linen caps, value 3 s. the property of Rosamond Smith , spinster , May 27 . ||

Rosamond Smith . My brother was ill; I kept his house; the prisoner was servant : she had sent for James Elmes 's wife one day; she came to the door; our little girl went to her, and, by mistake, instead of going to the prisoner, came to me, and said one wanted to speak to me at the door. I went, she said she wanted the maid; so I went in and sent her to her.

Q. Where does your brother live?

R. Smith. He keeps the Castle at Moregate. The same evening the prisoner sent a little girl for Elmes to come, which he did; we observed a bundle the prisoner delivered to him; we missing things, I and my brother went to Elmes's house in Whitechapel, and asked to see the bundle she delivered: there were in it an old cloak of the prisoner's; and a muslin handkerchief and five caps, my property; (produced and deposed to.) then we charged the prisoner with taking them; she owned they were my things.

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

R. Smith. No she did not.

James Elmes . The prisoner sent for me, and in the tap-room delivered me a bundle; she had signified she was coming from her place; I thought she sent for me to fetch her box; the parcel lay upon the table best part of half an hour before me: we have known one another from children in the country.

Prisoner's Defence.

I was coming away; I put these things up by mistake with some of mine.

She called Mary Humphreys , who had known her two years, and Francis Cotes , upwards of 12 years, who gave her a good character.

Guilty . B .

380. (M.) Thomas Little was indicted for stealing a bay gelding, value 8 l. the property of Thomas Smith , June 6 . +

Thomas Smith . On the 6th of June I lost a dark bay gelding out of my orchard, in the parish of Heston , about two miles from Hounslow. I met with him again on Friday the 7th in Smithfield, in the possession of James Cooper , who lives in Surry; he is not here.

Isaac Bentley . I bought that gelding of the prisoner at the bar, on the 7th of June; it was a dark bay gelding. I bought him at the Faulcon Inn in the Borough. I sold him again to James Cooper , that lives in Surry, about two hours after. I was before my Lord Mayor the next day; Mr. Smith was with me there; and I went to Mr. Smith's house at Heston about a fortnight ago: he was present: I saw the horse there, and Mr. Smith said it was his horse.

Q. What did you give the prisoner for him?

Bentley. I gave him 3 l. and spent six-pence.

Prisoner's Defence.

I bought the horse of a man that lives down in the country; his name is Richard Beal ; I sent a man after him yesterday: there were three people by at the time, but I can't say I know their names.

Q. to Bentley. Where do you live?

Bentley. I live at the Faulcon Inn in the Borough: I am hostler there.

Guilty . Death .

381. (M.) James Artery was indicted for stealing a silver watch, value 40 s. and 2 half guineas , the property of Thomas Haley , June 21 . ||

Thomas Haley . On the 21st of June, I was going to the globe in the Strand, to see a fellow-servant that keeps it: an utter stranger to me put himself in my company; going there we had a pint of beer; he said he had a letter to deliver at the Talbot Inn, saying that he came from Reading in Berkshire; he went and came back again in about five minutes; after that he persuaded me to go with him to the Lebeck's Head, saying a man was to pay him a guinea there.

Q. Did you ever live in London?

Haley. I lived with the Earl of Macclesfield fifteen years, but was not always in town. When we were at the Lebeck's Head, the prisoner call'd for something to drink by himself, but he fell into discourse with the company; there were two other men in the room; I pull'd out my watch to see what o'clock it was; the prisoner took and twisted it out of my hand, and gave it over the table to another man; they were all strangers to me; I took out my money to pay: he took two half guineas out of my hand: I began to make a noise; two of them got away; the prisoner was going out, and I got hold of him.

Q. Who paid the reckoning?

Haley. I don't know, I paid none, nor did I call to know what was to pay; the men were all gone away: this was in a little room backwards below stairs; they went out at a door that goes into Half-Moon-street : the prisoner, when I laid hold of him, said, What do you want with me? and threatened to knock my eyes out: When he found I would hold him, he said he would get me my watch and money again, for he knew where it was; and bid me not make a noise: this was without the door; the people all persuaded me not to go with him, telling me I should, be murdered; so I took the prisoner before Sir John Fielding , who committed him to the Gatehouse; and after that I had a card came for me to go to Sir John Fielding ; I went, and then the prisoner owned to Sir John, that he took the watch from off the table.

The prisoner, in his defence, said, the prosecutor went to tossing up for large sums of money with the men there, and at last laid his watch against another man's, and lost it.

The prosecutor declared, that there was tossing up amongst the others, but he never concerned himself in it, but wanted to be gone from them.

For the Prisoner.

William Pain . I was servant at the Lebeck's Head at that time; the prosecutor and another young man came in some time before the prisoner: when the prisoner came in, he asked for two young men; he was shewed into the room to two young men that were there before the prosecutor came in: the prisoner call'd for pen. ink, and paper, and a gill of wine; he mixed company with them; there was not the least complaint of any thing being lost: the young man and the prisoner went out before the other men.

Q. Did you see them go out?

Pain. No; but I saw them come in again; the other men paid me the reckoning, and were gone, before they came back.

Q. How long might the prisoner and prosecutor be absent?

Pain. About eight or ten minutes; when they came back again, they asked me for the other men; I said they were gone; then the prosecutor swore an oath, and said he was robb'd of his watch and two half guineas; and took the prisoner by the sleeve, and said he had snatched them from him, and had delivered them to another man, and he would not go out of the house without his watch: then the prisoner said, Come along, and they never went into a room, but went out together.

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 10th, Thursday the 11th, Friday the 12th, and Saturday the 13th of JULY.

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

NUMBER VI. 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 James Artery .]

Q. DID they go out in a friendly manner?

Pain. I cannot say they did.

Q. Did you see any tossing up when they were there?

Pain. I did not. I heard something twice, like the found of money on the table.

He called William Pope , a periwig-maker in Russel-street, Covent-Garden, who had known him thirteen or fourteen years; James Newland , a chairman, in St. Martin's Parish; William Curtis , a lodger at the Bird in Hand, Long-Acre, periwig-maker; and Terence Lawless , a chairman in Russell Street; who said he was a periwig-maker, and that he had a good character.

Guilty . T .

382. (M.) William Truman was indicted for stealing seven guineas, and a gold-ring, value 10 s. and a silver watch, value 20 s. the property of Daniel Manser , May 17, 1764 . +

Daniel Manser . The prisoner had been a lodger of mine; he had been gone away six or eight weeks; after which he came to me at a public-house where I use, and said he was destitute: this was the 17th of May was twelve months; I gave him six-pence, and said he should lodge in my house all night; he came and went to bed, and when I got up in the morning, I went into his room; he said he had nothing to do, and he would lie a little longer; I went out and left him in bed, and returned a little after eight; he was then in bed: I had some business to do in the city. I went and returned about two in the afternoon: I found the door between his room and mine open; he was gone, and seven guineas, a gold-ring, and a watch: they were taken out of of a box which was locked when I went out: I met him by accident in the Strand. I took him up, and charged him with taking the things: he told me he had pledged the watch at Windsor, where I went and found it. I took him before Justice Welch; he there confess'd to taking all the things; he said he gave another man part of the money. (The watch produced and deposed to.)

Prisoner's Defence.

I did not do the fact myself; another young fellow was with me, and had a share of the money.

Guilty . T .

383. (M.) Jeremy Holloway was indicted for stealing a mare of a roan colour, value 10 l. the property of Henry Morris , December 28 . ||

Henry Morris . I had a mare taken out of a field joining to my house in last Christmas week. I applied to a person to buy another, and there I found my own mare.

Q. What colour was she?

Morris. She was of a roan colour.

Thomas George . I bought that roan mare of the prisoner at the bar, in last December: I cheapened her at Morton-in-Marsh; he said he was going into Herefordshire, and his mare fell lame; he said he gave eight guineas for her; I gave him 2 l. 13 s. 6 d. to boot, between a mare of mine and that.

Q. What did you value yours at?

George. I valued mine at 4 l.

Q. Did the prisoner tell you his name?

George. He told me his name was Holloway, and that he lived at Hampstead; I kept her near five weeks, then I sold her; and I believe it was about three months after that, that I saw her in the possession of Mr. Morris.

Q. Are you sure that mare which Mr. Morris had is the same that you bought of the prisoner?

George. I am sure she is the same.

Court. Describe her.

George. She had a small matter a star in her forehead; one of her feet had a few white hairs.

Prisoner's Defence.

I did not deal with Mr. George for that mare. In the latter end of November I bought a mare going down into Wales; on my return I swaped her with a man on the road, but not this mare. I know nothing of the matter. I gave 6 l. or 6 l. 10 s. for that I bought.

For the Prisoner.

Colonel Peatchel . The prisoner was my servant some time: I never was more surprized in my life than when I heard of this: he came to me on the 8th of November, 1756. I had a very good character of his honesty and sobriety from the gentleman he lived with before; and at the latter end of the year 1757, I went to Bath, and not having occasion for his service, I discharged him. At my return from Bath, I quitted my house at Hampstead; he desired me to recommend him to the gentleman, my successor, as a gardener: I did, and he was behaved very honest. The little place I had was in his care. The gentleman that took my house left it some time after, and the prisoner came to me, and desired me to recommend him to my Lady Charlotte Rich . I went to her since, and enquired of her whether he deserved that good character: she let me know the man had behaved well in her service, and she looked upon him as an honest man: and when she discharged him she recommended him to another successor in her house.

Mr. Say. I have known him ten years; he was a servant to me as a gardener: during that time, which was about two years, he behaved always as a faithful honest servant, such as I would now admit into my family, did I want.

Q. How long has he left your service?

Mr. Say. He has left it about ten years.

Mr. Renshaw. I have known him five or six years. I live at Hampstead; he lived there in the capacity of a gardener; I have known him in several families there; I have trusted him in my garden and house since Christmas for three weeks at a time; I never knew him to be dishonest; he is a hard labouring man; I never heard any body give him a bad character.

Q. Was he a housekeeper?

Mr. Renshaw. He was.

Q. Did he ever keep horses?

Mr. Renshaw. I never knew him to have a horse in his possession in my life.

Q. Has he a stable?

Mr. Renshaw. No, he has not.

Q. Does he farm any ground?

Mr. Renshaw. No, he does not, to my knowledge.

Q. to Prosecutor. When was the prisoner taken up?

Prosecutor. He was taken up on Whitsunday.

Mr. Gammon. I have known him ten years; he has lived some years at Hampstead, as a gardener.

Q. What is his general character.

Gammon. I never heard but that he was a very honest man.

Mr. Jones. I am a publican at Hampstead; the prisoner used my house about two years; he is a very sober honest man, as ever came into my house. If I trusted him a shilling or two he always paid me very honestly.

Q. Do you remember what time he went into the country.

Jones. He went down about Christmas.

Q. Did he set out on horseback or on foot?

Jones. I don't know which; I remember he talked of going down to see his friends.

Prisoner. I went down into Wales, and bought a mare at a place called Tarney. She fell lame, and I changed with this man: she cost me 6 l. 10 s.

Acquitted .

384. (M.) Thomas Holland was indicted for stealing forty guineas, fifteen half guineas, and seven shillings and ten-pence, in money, numbered, the money of the Right Honourable Ann, Countess Dowager of Effingham , in her Ladyship's Dwelling house , May 18 . ||

Lady Effingham. My house is in great George-street, Hanover Square . The prisoner lived nine weeks with me; my bureau, in the back part of my house, on the ground floor, was set on fire; the door of the room where the closet was, in which stood the bureau, was usually unlocked: every body in the house had access to that room.

Q. Who had the key of the bureau?

Lady Effingham. I had the key; I was there the day before the robbery, the 17th; I believe there might be about threescore pounds in guineas and half guineas, two half crown pieces, and a silver groat, in the bureau; some of the money was in the purse, I believe; (two half crowns put into her hand) I had such as these in the bureau; one I had a great while, but cannot be certain there are they. (Two bags produced) These are mine, which the money was in, in the bureau: my maid came and told me the room was on fire; I got dress'd, and out of my room as soon as I could. I found, when they brought the bureau out, the back of it was burnt, but the front was not burnt. The lock was very difficult to open, and it appeared to have been cut where the bolt snot, in order to open it; t hat I imagine to have been done before it was set on fire; after the fire I searched to see what money was taken out, and found it gone.

Q. Did you keep that bureau always locked?

Lady Effingham. I never failed locking it; and nobody had the key but myself.

John Catlin . I lived with my Lady Effingham Howard at the time of this robbery: I was awaked by the alarm of fire; the prisoner rung the bell at the bottom of the stairs: I went down and saw him at the bottom of the stairs, just by the fire; he was drest as he was the day before.

Q. What time of the night was that?

Catlin. This was a little after three o'clock; he had his black stock about his neck: he went by me, and he shewed me where the fire was, with his shoes and every thing on he had the night before, with his stockings tied up.

Q. Had he used to appear flush of money?

Catlin. No, he did not, he borrowed money of me, a shilling at a time.

Q. How long before the fire?

Catlin. About a fortnight or three weeks before the fire. I had directions to search the wall in the garden about a week before the fire, on account the maid-servants had told me and others, that the prisoner told them he had seen three men in the garden; I went to look, and saw no print of feet, or any thing. I searched the borders, which are soft ground; if people had come over there, there must have been the print of their feet.

Q. from Prisoner. How long was it after I rang the bell before you came down stairs?

Catlin. It might be five or ten minutes.

Q. from Prisoner. Where did you go when you went down stairs?

Catlin. I asked him where the fire was; he said it was in her Ladyship's back parlour; I begg'd him to shut the door: the smoak came out very much; I ran out into the yard, to see if the place was open, and after that her Ladyship sent me to St. James's.

Q. Did you dress yourself before you came down?

Catlin. I put most of my things on first.

Q. Was you present when the prisoner was searched?

Catlin. I was; I saw six guineas in all; there were six half guineas among them taken from the prisoner, two half crowns, one looked very fresh, and a silver groat.

Barbara Lewis . I was servant to Lady Effingham; the prisoner had lived there about nine weeks: about a week before the bureau was set on fire, in the way of discourse, the prisoner asked me if I knew how he had been frighted in the night; he said there came three men in the night opposite to his room in the garden; that he got up out of his bed and asked them to come in, and they d - d him, and said it was well for him that they did not come in, for there were three more for him, and they got over the wall again, and went away.

Q. Where did he tell you this?

B. Lewis. This was in the kitchen, on a Sunday, between two and three o'clock; they must of necessity go over a border of soft ground that is round the place, in order to come at the wall, and the wall is pretty high, so that if this had been true, there must have been the print of their feet to be found: this I told to our housekeeper and John Catlin : the prisoner told me he went down with a book, and read it, at five o'clock, after he had frighted the thieves away.

Q. Do you know at what time the fire happened?

B. Lewis. The bell awaked me between two and three in the night: we at first thought it was my Lady's bell: Mrs. Davis went from me to the top of the stairs, and asked what was the matter; the prisoner made answer the house was on fire. I and Mrs. Davis went to my Lady's room; I left her with my Lady, and went and fetched the cook down stairs; the first thing I saw was the prisoner, with his hand upon the lock, shewing them where the fire was: he was dress'd in every thing as he was the day before.

Q. Was you present when he was searched?

B. Lewis. I was; it was in the parlour; there were six half guineas, three whole guineas, two half crowns, and a silver groat found upon him.

Q. to Lady Effingham. When was the money missing?

Lady Effingham. That was not missing till the fire was all over; that was about twelve or one o'clock in the day. I had the bureau carried over to my Lord Faulconbridge's, knowing there were things of value in it: when the fire was over, I had it brought to me; we plainly saw, that it had been cut at the place where the bolt goes in, to get it open. They had put it in the back-yard; I hearing of that, ordered it to be carried to my Lord's for security, seeing how it had been cut to break it open.

Q. to B. Lewis. Had the prisoner been out of the house after the fire to the time of the search?

B. Lewis. He was missing some time between three and four o'clock.

Q. Had the prisoner used to be slush of money?

B. Lewis. I never saw any money upon him; he used to borrow a shilling or two of me; he asked me for a shilling on the 9th of May, and I did not give it him.

Q. Was he active in helping to put the fire out?

B. Lewis. I saw him once in the yard when the engine was playing; I did not see him do any thing.

Mary Davis . I lived with my Lady at the time of this accident.

Q. How many were there of you in family?

M. Davis. There were my Lady, myself, the house-maid, the cook, Catlin, and the prisoner.

Q. Where had the prisoner used to lie?

M. Davis. He lay below stairs in the dressingroom; the room joining to the back parlour.

Q. When was you in the room where the bureau stood last, before the fire?

M. Davis. I was in it betwixt the hours of twelve and one in the morning, to put my Lady's pincushion into one of the drawers: these drawers are never lock'd: then I went to see if the back-door was fast, and then I went to bed, and he rang the bell about three.

Q. Was all safe then?

M. Davis. I observed nothing but what was very safe when I heard the alarm of fire. I opened the door, and ask'd what was the matter; he was below; he told me there was a fire below; I ask'd where; he said, in the back-parlour. I went directly to my Lady, and got her out of bed, and went down stairs; there I saw a great smother in the room. I staid in the house till the fire was all out. The bureau was brought to my Lady; she desired it to be carried to my Lord Faulconbridge, where it was taken and lock'd up; only the back part of the bureau was burnt.

Q. Did you see the prisoner search'd?

M. Davis. I did: there were 6 half-guineas, 3 guineas, 2 half-crowns, and a fourpenny-piece, found upon him. His knife was taken from him. I never saw that knife before that morning.

Q. Was you present when the bureau was search'd?

M. Davis. I was; I saw the purse and two bags taken out; the fire had singed them. This was after the bureau was brought back. There was no money in them.

Q. Had the prisoner us'd to be slush of money?

M. Davis. I never knew he had any money before this. Whenever he went to market for my Lady, I have given him money, and I have lent him a shilling.

Q. Is there a fire-place in the back-parlour?

M. Davis. There is; but there had been no fire in it for a great while. My Lady kept no fire in her dressing-room at that time.

Q. What was burnt?

M. Davis. The wainscot and chairs were burnt, besides the back part of the bureau, and part of a stool covered with leather.

Q. Is there a window in the closet?

M. Davis. There is.

Q. Did the bureau stand up to an outside or inside wall?

M. Davis. It stood up to an inside wall.

Q. Was there any appearance of any fire coming through the wall from the next house?

M. Davis. No, there was not.

Q. Was the next house on fire?

M. Davis. No, it was not.

Q. Was there any fire came down the chimney?

M. Davis. No, the chimney was boarded up.

Q. Had you a candle in your hand when you went to put my Lady's pin-cushion into the drawer?

M. Davis. I had: the drawer that I opened is not burnt (the bureau produced in court; she goes and takes out the drawer).

Q. Was it a wax or tallow candle?

M. Davis. A tallow candle.

Q. Could not something fall from that candle, so as to set the house on fire?

M. Davis. I am satisfied nothing did.

Q. Did you see the pin-cushion after?

M. Davis. I did; part of it was burnt that lay backwards.

Q. Did you put the candle out of your hand?

M. Davis. I believe I did not.

Q. to Catlin. What part of the next house does this closet join to?

Catlin. The brick-work of the other house comes farther out than my Lady's; I don't know what room it joins to; one Mrs. Parrot lives in it.

Q. to Catlin. What time did you go to bed that night?

Catlin. I went to bed about 11 o'clock.

Q. Was there a fire at that house at the time?

Catlin. I never heard of any; the servants came to us the next day; they said nothing of a fire; there was no alarm of fire at that house.

James Shorer . I am a watchman: the prisoner once told me there came three men to the back part of the house, and he threw up the window to speak to them, and they went away. He desired me to take particular care to watch the house; I told him I did not watch the back part; my business was on the other side. I was the first that alarm'd the street. I had called the hour of three; I heard the ringing of a bell; the prisoner opened the door: I said, What is the matter? Said he, Watchman, our house is on fire, and I desire you will get assistance. I made to the watch-house, and so on for the fire-engine.

Q. Was he dressed?

Shorer. He had on his breeches and shirt when he opened the door; I believe he had no stockings; his legs were white.

Mrs. Howse. The prisoner brought a draught of 14 l. 10 s. to me, one day in my husband's absence. in the beginning of May, and ask'd me if I could discount it for him: I told him I had not cash enough in the house; he told me he would allow me 10 s. if I would discount it.

John Herculous . I am a card-maker; the prisoner came to our shop for cards; he brought this note (producing one) to pay for some cards, if my master would discount it for him.

Q. When was this?

Herculous. I believe it was the beginning of May.

Q. How long before the fire?

Herculous. It might be about a fortnight before the fire: he left the note with me; my master was not at home. When he came home in the evening, I told him; said he, I would have you go and see who is to pay it: I went, and found it was a man named Hartwell, that lived in a two-pair-of-stairs room. I desired my master not to discount it; so he said he would take my advice. When the prisoner came, I told him my master did not chuse to discount it: he said he was going into place at Lady Effingham's, and he had no money; so my master lent him six guineas upon the note.

Q. Were they guineas or half-guineas?

Herculous. To the best of my knowledge, they were guineas.

(The note read; signed Readman Hartwell, dated 28th of March, payable the 18th of May).

Q. to Mrs. Howse. Look at that note.

Mrs. Howse. This is the same note the prisoner brought me.

John Noaks . I was present when the prisoner was search'd: I went with Justice Kynaston to Lady Effingham's house between 11 and 12 o'clock; we search'd all the servants, and found 6 halfguineas, 3 guineas, 2 half-crowns, and a silver groat, upon the prisoner at the bar: he had two returned him. We saw the bureau; it appeared to have been cut with something. so that it would open without unlocking it. The prisoner was asked how he came by that money; he said it was the money he had of Mr. Macavoy. John Herculous is Mr. Macavoy's clerk.

Q. to Catlin. Did the prisoner go out of my Lady's house from the fire's beginning to the discovery of the robbery?

Catlin. I don't know that he did.

Lady Effingham. I sent to the prisoner several times, but never saw him the time of the fire; I can't tell where he was.

Q. to M. Davis. Who removed the bureau from the closet?

M. Davis. That was removed immediately from the closet, as soon as it was quench'd, to the landing-place where my lady stood, but I can't tell by who, and after that into the yard.

Lady Effingham I saw it with the flap open in the yard, before I sent it to my Lord Faulcon-bridge's.

Q. Why did you not take notice of it sooner to have it search'd?

Lady Effingham. I had not time in the midst of the hurry.

Prisoner's Defence.

I leave it to the mercy of your Lordship, and the honourable jury.

For the Prisoner.

John Brown. I have known the prisoner two years and a quarter: I was baker to my Lord Spencer, and the prisoner lived servant there about six months; he behaved very well while he lived there.

Jane Day . I have known him about four years; I always heard he was an honest man.

Acquitted.

He was a second time indicted for feloniously setting fire to the said dwelling-house.

No farther evidence was given.

Acquitted .

385, 386. (M.) Barny Carrol was indicted for lying in wait, and with malice aforethought making an assault on Cranley Thomas Kirby , Esq ; with intention to maim and disfigure him, with a certain knife made of iron and steel, which he had and held in his right hand, and did slit the nose of the said Cranley; and William King for being present, aiding, comforting, and abetting the said Carrol in perpetrating the same , June 7 . *

Cranley Thomas Kirby , Esq; About ten at night on the 7th of June. I was returning from the Park towards Temple-Bar. Just by Somerset-house I perceived somebody with their hand in my pocket; I turn'd round, and saw the boy Byfield taking his hand from it; I took hold of him, and accus'd him with it; he seemed a little alarm'd. I told him, in order to terrify him, I would carry him before a Justice, though I had no intention of doing it. Upon that the prisoner Carrol came up immediately: I believe he was lurking under the side of the New-Church; he seem'd to come that way. He came up. and fix'd his attention upon me and the boy: I went on, leading the boy towards Temple-Bar: I had him by the sleeve of his waistcoat; he had no coat on; he is dress'd the same now. Carrol followed me. When I got at a little distance, I perceived two others that I thought to be part of the gang. The little boy's name is Darby, and the other William King , as I suppose: he was dress'd much as King is now. I took notice of his size, his height, and his hair. I believe he had more hair on his head than now. I cannot say I took particular notice of the features of his face: but he answers in every particular to the remarks I then made of him Carrol was particularly active, sometimes before me, and sometimes behind, as I thought, meditating some mischief to me. Upon seeing this, there was a well-dress'd person behind me, whom I desired to walk behind me, to keep those people off: he promised me he would, saying, he saw there was a gang after me. I walk'd on very slow as the weather was intensely hot; and I was frequently interrupted by the number of people that pass'd by on the new pavement that was then about: we were forced to go over boards, which, with that and stones lying about, I walk'd so very slow, it was four or five minutes before I got to the top of Arundel-street, from the time I first saw these people; it might be more. I talk'd a little while with the boy. When I got there, Carrol came before; he put his head down, and look'd up under my hat; and as soon as I had raised my head, with a back-handed blow, as violent as he could make it, he struck me across the nose and eyes with a knife. I wear my hat exceedingly low on my forehead: the blow was so violent, that it cut my hat entirely through (produced and inspected): it was a very strong hat, almost new. I perceived my nose benumm'd by the violence of the blow. I struck at the fellow with my cane, but unfortunately miss'd him. At first I thought he had put dust in my eyes, by the little capillary vessels bleeding so. I put my hand up in order to wipe the dust away, as I thought, and found the blood running very profusely over my hand; I then went in at the Crown and Anchor, and ordered a surgeon to be sent for; and Mr. Ingram, who lives in Arundel-street, came in about two or three minutes but before the time he came, I believe I had bled full two quarts. I found the wound had divided the flesh entirely upon my nose; and the knife or instrument, whatever it was, had gone to the bone. My eyes are very much weakened by it, and the muscular part of my nose is very much contracted; and at present I have no sensation in that part of my face where the wound was deepest. I have no feeling on the part where the wound was on my nose. By the time Mr. Ingram had dressed the wound, Dr. Morris, whom I had sent for, came: they ordered me to go home in a chair; and the next morning, when they came to dress me, I was advised to call in another surgeon, though I no ways doubted Mr. Ingram's ability. Mr. Pile, from Westminster hospital, came with them. I think, the next morning: I was not then in a situation to attend Justice Fielding, but desired Dr. Morris to give a description of them as I had given to him. On the Monday morning Carrol, and the two boys, the evidences, were brought to me; I look'd very attentively at Carrol, as I had particularly remarked his dress: I knew him immediately upon seeing him; his ragged breeches I had particularly remark'd, and he had a great coat on that did not come so low as his knees. Byfield, the boy that attempted to pick my pocket, I immediately knew; I talk'd with him about the attempt he had made upon me, which he confessed. I was not quite so certain as to the boy Matthews; he was dressed then much as the boy was who made part of the gang on the Friday evening. On Saturday the 22d of June (I think it was), I went to Sir John Fielding , to give my information there as to the several people; then I saw the prisoner King. I gave then pretty near the same description of him as I have now. I can't be sure of King, but I believe him to be the person. Carrol had the same coat on at the time he cut me he has now. I put an advertisement in the paper for the person that I desired to walk behind me, to come and give evidence: he is now in court.

Q. Which corner of Arundel-street was the cut given you?

Mr. Kirby. At that corner nearest Temple Bar. Carrol slipp'd by me in the Strand, and stopt some few paces before me. When I came up, he look'd under my hat, and cut me, as I before related. I had no sort of doubt then but that he was meditating some mischief against me, and I have none now.

Robert Carr . I was coming along the Strand on the 7th of June, a little past ten at night. I came up to Mr. Kirby opposite the New Church. Just as I was going to pass him, he stopt the boy nam'd Byfield. He said, You rascal, you had your hand in my pocket. I hearing that, stopt to hear what it was; then I saw Carrol come from towards the New Church, and the boy Matthews followed, and after him came King: they all came from towards the opposite side the way. Mr. Kirby was taking the boy along the street: I stepping a little before, look'd over my shoulder, and said to him, I believe there is a gang behind you: he desired I would walk behind him to keep him from being knock'd down, which I accordingly did. As we were passing along towards Temple-Bar, Carrol came up several times along-side of me; sometimes he was before us, and sometimes behind. A little before we came to Arundel-street, he was behind; and when we came to the corner of the street, he made a push by me, and stopt short till Mr. Kirby came up; then he struck him a back-handed blow cross the face. When he made the blow, he said, D - n you, Sir, let go the boy. I seeing that, jump'd to him, and laid hold of his cloaths behind. Mr. Kirby making a blow at him with his cane, struck me over the hand where I had hold of him: that made me let go my hold: then Carrol ran off across the Strand into St. Clement's church-yard: I pursued him there: he ran through a narrow passage, and I lost sight of him. I was at Sir John Fielding 's, and there saw the two prisoners and the two boys; I recollected them all. As for Carrol, I recollected him perfectly; he came up to me, and look'd me in the face several times. As to King, I was not quite so positive; but I believe him to be the other man; he resembles the man as to all the circumstances of his size and dress. The two boys I recollected with certainty.

Robert Byfield . I was with the two prisoners at the bar on Friday the 7th of June last.

Carrol. Please to turn out Matthews while this gives his evidence; for what one swears the other will. (He is put out of the court accordingly.)

Byfield. Barny Carrol and I had been together all day; we met King at night at the Golden Boot in Cross-lane, about six or seven o'clock; there was Matthews; we all four of us made an agreement to go out that night. Matthews and I were to pick pockets, or take hats, and the other two were to come up if any body molested us; they were to strike or stab, or cut the nose and eyes, of any that stopt us; they were to receive the handkerchiefs, or what we took out of gentleman's pockets. Matthews and I had found a razor-bladed knife on the King's birth-day, and Barney Carrol gave us each a penny for it; he had that with him at the Boot; he said, D - n his blood, he wou'd make it sharp; and if any body molested us, he would stab them, or cut their nose and eyes. We went down Bow-street, Convent-Garden, and was in the Strand between nine and ten o'clock. Mr. Kirby's pocket was the first I attempted to pick that night: the prisoners were behind us two boys; Carrol bid me go after that pocket: King was the last of us; I went and put my hand in Mr. Kirby's pocket; he turned about, and laid hold of my sleeve, and ask'd me what business my hand had in his pocket, and led me along about twenty yards: Carrol came along-side of me; I said, Keep away, the gentleman will let me go. Carrol was out into the high-way, and he walked by us; he came up three or four times; he was sometimes before, and sometimes behind. About five minutes after he look'd up into the gentleman's face, and ran his hat under his hat, and struck a back-handed blow on his face: this was by Arundel-street: he said, D - n you, let the boy go; then the gentleman let me go, and I ran behind a coach. and got away. I saw Carrol the next day; he said, D - n him but he had cut his nose off, and bragg'd of it.

Q. Where was this?

Byfield. This was up in the ruins in St. Giles's; I saw the knife the next morning also; it was bloody; (a clasp knife produced in court, handle and blade about nine inches long when open); this is the knife.

Q. Where was King when Mr. Kirby had hold of you?

Byfield. I saw him; Carrol turned about to King, and said, D - n him. but I will cut him. This was about two minutes before he did cut him.

Q. What became of King that night?

Byfield. I saw king run away after Carrol; they both ran away across St. Clement's church-yard.

Q. to Mr. Carr. Did you see King when you was in pursuit of Carrol?

Mr. Carr. I can't say I did; there were several people in the church-yard at the time.

Mr. Kirby. When Carrol ran away, Mr. Carr ran after him; and the man I saw with Carrol, which I believe to be King, ran after Mr. Carr. Mr. Carr was close to Carrol, and King was about a yard and a half behind Mr. Carr. I understood he was pursuing Mr. Carr.

Darby Matthews. I met Carrol, King, and Byfield, at the Boot in Cross-lane, about 9 o'clock that night; I cannot rightly say the time; it began to be dark. We agreed that Byfield and I should pick pockets, and the two men were to assist us, to cut any body across the face that should lay hold of us. Carrol produced a razor bladed knife (he takes the knife up in his hand); this is it, Carrol swore he would cut off the nose of any body that should attempt to lay hold of us. We all four went out together for this purpose; we went into Bow-street, Covent-Garden, and down into the Strand by the New Church; and the first pocket we attempted to pick was Mr. Kirby's; Byfield attempted it: we were all on the same side the way as he was on; we all came down Catharine-street, and so cross'd the way to that side Somerset-house is on: I was last of all till I saw Byfield attempt to put his right hand in his pocket. then I went up. The gentleman took him by the sleeve, and said some words about his hand being in his pocket, and led him along to Arundel-street. Byfield ask'd the gentleman if he had lost any thing or not; he answered, If it had not been for my good look-out, I should have lost something or some such words. King kept behind all; Carrol kept walking backwards and forwards; he went beyond them, then back again, and look'd at them: I could observe more plainly than Byfield could; ( he was engaged. I saw the knife in Carrol's hand, but I did not see him draw it; I saw it shine when he was behind Mr. Kirby; he put his hand to his side, and I saw the blade shine by the lamps; he strove to hide it under his coat when he went by the gentleman: he went backwards and forwards till he came near a tavern; there he waited till Mr. Kirby came up; then he took it in this manner (throwing his hand backwards); and said, D - n you, Sir, let the boy go. Byfield was let go: I saw the gentleman's hand go up, as if he put it to his eyes, and heard a cane rattle, as if it fell on some stones. Byfield ran away first towards the church-yard, then Carrol ran across the street; a gentleman followed him, and King was behind: I can't tell what became of him.

Q Where was King at the time the blow was given?

Matthews. King was at that time behind with me.

Q. How near was you to Mr. Kirby when the blow was given?

Matthews. King and I were about three yards from the gentleman.

Q. Did you expect a blow would be given?

Matthews. I did: when we agreed to go out, Barney Carrol said King was a fine fighter; we had a good fellow with us; we need not be afraid of any man whatsoever. This was said at either going or coming out at the Boot.

Q. Did King say any thing to that?

Matthews. King said, By G - d you have.

Henry Wright . In consequence of some intelligence lodged at Sir John Fielding's, I went in pursuit of the prisoners: I met Barney Carrol and Robert Byfield the morning after this thing was done: I had been out with some hand-bills, and in the evening, about 7 o'clock, we were informed Carrol had a watch upon him; I went up into the Ruins of St. Giles's, and search'd him; I took out of his pocket a clasp knife, the same as here produced; I delivered it to him again. On Saturday, about 11 o'clock. I went to Sir John Fielding ; I had a card delivered to me of the people that had cut Mr. Kirby, from Mr. Marsden. I went, according to the description, on the sunday night, to Norfolk-street; there I met with Barney Carrol and Matthews. I laid hold of Carrol, and said, You are the man I have been looking for: said he, I judg'd it. I took this knife out of his right-hand breeches-pocket, which I had taken from him before. I said, Now shew me the nearest way to St. Giles's round-house, and I will not hand cuff you: I had a cutlass in my side-pocket. On the Friday I saw King; he was, I believe, in the same dress as now; I believe he had a deal more hair than he has now; he had a hat in his hand. Carrol and Byfield were on one side the way, and King on the other; they were even with each other: I had known the other two a great while, but I did not know so much of King; I thought they all belonged to each other, but I did not trouble myself about them then.

Mr. Dale Ingram. I was sent for to Mr. Kirby on Friday the 7th of June, a little after 10 at night, to the Crown and Anchor tavern in the Strand. In passing through the alley, I found a vast quantity of blood. When I came into the room, his forehead was pouring out; I believe there were near two quarts of blood; I found the two great vessels on his forehead divided; there was a large transverse wound across the nose; it was open so wide, that I saw the bone naked. I examined the wound.

Q. Was the nose slit?

Mr. Ingram. The old word slit we now leave off, and call it divided, in surgery.

Q. Is that what was formerly called slitting?

Mr. Ingram. It is; we understand them as synonymous terms. When it comes there, we call it a transverse slit wound. Mr. Wiseman, who wrote on surgery, makes use of the word slitting for what we now call dividing.

Q. Suppose a blow was across the arm, would not that be a slit wound?

Mr. Ingram. We make no distinction whether it is directed one way or the other.

Q. Suppose they had slit the nostril?

Mr. Ingram. We call that an incis'd wound.

Court. Describe the wound.

Mr. Ingram. It began from the right, and went across the eye lid, and across the nose; the two muscles of the nose were cut through; it proceeded to the left eye lid, and terminated at the temple: there is a nerve cut: I suppose the eyes were saved by the knife touching the hat. the hat saved him, or I believe it would have been fatal.

Dr. Morris. I saw the wound; it was of a very alarming kind; I advised for sending for farther help, left very bad consequences should attend it.

Q. Can that be called a slitting?

Dr. Morris. I should think there is no impropriety in calling that a slit; the nose was cut across through to the bone; all the vessels were divided. In many old authors, such wounds are called slits.

Mr. Pyle. On the Sunday I was desired to wait on Mr. Kirby.

Q. Have you heard Mr. Ingram's description of the wound?

Mr. Pyle. I have; I found he had received a wound across the nose, and across the left eye to the temple; it was not then bare; it had been dress'd; there was a great inflammation, and a very large wound; I saw it open'd and dress'd; the flesh of the nose was entirely divided.

Q. Is it proper to call that a slit?

Mr. Pyle. Slit is a word not made use of now; but if any body had told me of the wound, and made use of the word slit. I should have known what they meant. I understand the words slit and cut to be synonymous terms.

Carrol's Defence.

I heard Harry Wright was after me; I sent for him, knowing my innocence. When he took me up in the Ruins of St. Giles's, he took me to the round-house; then he told me it was for cutting a gentleman's face. I know nothing at all about it.

King's Defence.

I never was in the boys company before that night; I never made any attempt; if I had went with them upon a design to rob, certainly I should have come up, and made some show as well as the rest.

Both Guilty . Death .

See Carrol tried, No. 484. in Mr. Ald. Bridgen's Mayoralty; and King, No. 221. in the same Mayoralty.

387. Anthony Vacheron was indicted for forging a promissory note, with the words Duke of Marlborough thereunto subscribed, for the payment of twenty thousand pounds to the order of him the said Vacheron, and for publishing the same knowing it to be forged, with intention to defraud his Grace the Duke of Marlborough .

To which he pleaded Guilty . Death .

388. (L.) William Salisbury was indicted for stealing a linen handkerchief, value 12 d. the property of George Morris , June 29 . ++

George Morris . On Saturday the 29th of June. between 9 and 10 at night, there was a fire in Lime-street ; I went to offer my service to a friend to take some of his goods; I saw a number of people about; I did my friend secure his other door; presently I felt something at my pocket; I observed the prisoner gently drawing my handkerchief out of my pocket; then he passed me; I seized him; he was trying to shift it into his other hand; I said, This man has got my handkerchief; he denied it: I said, I'll take care of you I took it out of his hand; he struggled. and got from me, but was never out of my sight before he was taken. (A linen handkerchief produced, and deposed to).

Prisoner's Defence.

I was about three or four yards from him; I took this handkerchief from the ground; he said it was his; I said, Then you may have it; he fell upon me, and said, if he had had a stick, I should never have gone from him alive; he would have broke every bone in my skin: he knock'd me down above twenty times.

Guilty . T .

389, 390. (M.) Ann Saywell , widow , otherwise called ThomasBrown and Ann Horsley , otherwise called Ann, wife of Thomas Brown , were indicted for stealing a pair of linen sheets, value 1 s. a copper tea-kettle, value 1 s. a looking-glass, value 6 d. and a pair of bellows, value 10 d. the property of Richard Small , in a certain lodging-room let by contract , &c. ||

Richard Small . The prisoner who stands at the bar, in men's cloaths, who went by the name of Brown, came and took a lodging, pretending it was for him and his wife. It since appears that person is a woman nam'd Ann Saywell . This was on the 29th of February. The other prisoner went for the wife. They staid in the lodging five weeks; they paid only a fortnight's lodging, and went away privately. When they were gone, we miss'd the goods mentioned in the indictment, which were let with the lodgings.

Q. Where do you live?

Small. I live in Peter-street, Westminster .

Henrietta Tompkin . I am a mantua maker, and live about 2 or 300 yards from the prosecutor. The prisoner Horsley lodged ten weeks with me, and behaved well. A girl named Susannah Frarks , that lived with me. who is about 22 years of age, owned to me she had pledged a tea-kettle, a looking glass, and a pair of bellows, in my name, by the desire of Saywell. She is gone off on this occasion; I know not where to find her; I know nothing of the pawning them.

Joseph Parker . I am servant to Mr. Watson, a pawnbroker (he produced a sheet); the pretended men at the bar pledged this sheet with my master, on the 19th of March, in the name of Mrs. Horsley.

Q. Did you know that pretended man before?

Packer. Yes, she used the name of Thomas Williams , and had pledged things in that name.

Q. How long have you lived with this pawnbroker?

Packer. I went there last November; I served my time to my master's brother.

Q. Do you know Horsley?

Packer. I never saw her before I saw her before the Justice.

Court. If either you or any other pawnbroker go on in this way, if I have the honour of presiding on this bench, you shall see what information I shall give to the jury upon it.

Mrs. Small. (The sheet produced in court.) I am wife to the prosecutor; this sheet is our property.

Saywell's Defence.

I took the lodgings, and I paid the rent for three weeks; the things went one at a time; but I did not know where they were gone. The reason of my disguise was, I being unfortunately upon the town, that situation was not agreeable to me, and I disguised myself to get from it. I have lived some time in a brew-house; there I was discovered by a person that knew me; since that I have employed myself as a taylor, where I was apprehended.

Horsley's Defence.

I am a Yorkshire woman; I know nothing of the things being gone.

Saywell Guilty . T .

Horsley Acquitted .

391. (M.) Mary Smith , otherwise Dun , was indicted for stealing a linen gown, value 10 s. a linen apron, value 6 d. a laced handkerchief, value 1 s. two silk handkerchiefs value 1 s. a pair of ruffles, value 1 s. three lac'd caps, three pair of linen sleeves, and a yard of muslin , the property of Richard Singleton . ++

Ann Singleton . I am wife to the prosecutor; we live at the Queen's Head in Tavistock-Row , and keep a public house : the prisoner was our servant for a week, and went away privately. I miss'd the things mentioned in the indictment, after she was gone: some were taken out of a little trunk in the club-room, and some out of our bed-chamber. I went to Justice Fielding, and he advised me to advertise them, which I did; the prisoner was taken and brought to us; I charged her with taking them; she owned to it, and said some of them were in her box, at her lodging in Wapping; and some she had pawned in Tooley-street; the constable went and examined her box; he brought me a pair of lac'd ruffles, a white apron, a gown, a lac'd handkerchief, three pair of sleeves, three white handkerchiefs, and a silk handkerchief. (Produced and deposed to.)

James Gattey , I live with Mr. Spencer, a Pawnbroker, facing Barnaby-street, in the Borough: (be produced an apron, a handkerchief, a cap, a pair of ruffles, and a piece of muslin;) these I took in of the prisoner at the bar.

Q. When did you take them in?

Gattey. I can't tell rightly.

Q. Have you not entered them in your book?

Gattey. Yes, but I have not the book here.

Q. In what name were they pawned?

Gattey. They were pawned in the name of Mary Smith .

Q. What did you lend her upon them?

Gattey. I lent her 16 s. upon them. (Produced and deposed to)

Joseph Stevenson deposed to finding the things in the prisoner's box.

Prisoner's Defence.

I found the things roll'd up in a parcel.

Guilty . T .

392. (M) Mary, wife of Thomas Overy , was indicted for stealing two copper sauce-pans, and a brass stew-pan , the property of Edmund Burk , May 28 . ++

Edmund Burk . I live in White's Alley, Chancery-lane , and am a publican : on the 28th of May I miss'd two sauce-pans, a stew-pan, and a tea-kettle; (the tea-kettle is not in the indictment) from off a shelf in the tap-room: the prisoner had been backwards and forwards all the afternoon; I got a warrant and took her up; I found all the things again, except the tea-kettle, at the pawnbroker's; how she got them, I know not; they were very high; I recollect she sat under them, but she must stand upon something to get them.

Abel Baygate . I took in a stew pan of the prisoner at the bar, on the 28th of May, between eight and nine o'clock in the evening.

Robert Chore . I live with Mr. Jervis in Fetter-lane: I took in two copper sauce-pans of the prisoner at the bar, on the 27th of May, between nine and ten in the morning, both within a quarter of an hour of one another.

Q. How long have you been Apprentice?

Chore. I have been apprentice fifteen months: I have known her ever since I have been apprentice, and my master says he has known her two years; she has brought things at several times.

Q. Did you look upon her to be a poor woman?

Chore. I always did.

(The goods produced and deposed to by prosecutor.)

Court. How could you think such a poor woman should be possessed of such sauce-pans as these? You are a young man, and I would advise you for your good, as you are coming into the world; you must think these things could no more belong to her, than a piece of plate. Tell your master to be more careful, or bad will be the consequence.

Prisoner's Defence.

I met with an acquaintance one night; she told me she had some goods to move; she brought a bedstead, a tea chest, a copper sauce-pan, a stewpan, and I know not what else. I pawned one stew-pan and one sauce pan for her: when they took me up, they would not give me leave to stay to look for her; and they made such an oration in the neighbourhood, that the woman has got out of the way.

She call'd Henry Boyd , who had known her two or three years, and Margaret Costegan , who gave her a very good character, and said her husband was a drunken ill-natur'd man, and had left her, and she with her children have been in great distress.

Guilty, Recommended . B .

393. (L.) Thomas Carr was indicted for taking a false oath, in order to obtain letters of administration to Robert Carr , with intent to receive wages due to the said Robert, for service done on board his Majesty's ship the Newcastle , January 13, 1764 . ++

Robert Hoffman . I am a clerk in the Navy-office; (he produced the book belonging to his Majesty's ship the Newcastle) it appears by this book, there was wages due to one Robert Carr , on board the Newcastle, 53 l. 14 s. 2 d. from the first of July 1756, to the 27th of January 1761: and on the 7th of February 1765, these wages were paid to Thomas Devy , for George Newton , for Thomas Carr , administrator: the hand-writing is one Mr. Richards's, belonging to our office; he is now in Wales.

Edward Goodwin . I am a proctor in Doctor's Commons; In January last, a man calling himself Thomas Carr , applied at my office to have letters of administration to one Robert Carr , as a cousin german, and next of kin: I saw him take the oath before Dr. Collins, surrogate to Dr. Hay. The contents of the oath were, That Robert Carr died intestate, without making any will, as far as he knew or believed, a batchelor, without father or mother, brother or sister, uncle or aunt, nephew or neice: that he was the cousin german, and only next of kin to the said deceased, and that he would faithfully administer to his effects by paying his debts, as far as his estate would extend, and the law charge him; that he would exhibit a true and perfect inventory of all the goods and chattels of the deceased, and render a just and true account of his administration thereof, when by law required. I will not undertake to say whether the prisoner is the person: I know I have seen the prisoner at the bar before, but whether on this particular occasion or any other, I cannot say.

John Beer . I keep a public-house near Christ-church, Surry. I went with the prisoner to Doctors Commons, January 13, 1764. I went about my own business; I happened to meet him at a public-house in the neighbourhood; he was sworn before Dr. Collins; he desired me to be bound for him, and I put my hand to the administration: I saw him sworn and kiss the book.

George Newton . The prisoner came to me with letters of administration, about the 7th or 8th of February last, in order to receive wages due to Robert Carr , late of his Majesty's ship Newcastle: (the letters produced in court.) I applied to Thomas Devy , and he got the money, and gave it to me, and I paid it to the prisoner at the bar. (The letter of administration read.)

Thomas Devy . I was apply'd to by Mr. Newton about the 7th of February last, and in consequence of that I received the wages due to Robert Carr , and paid it to Mr. Newton; I received these letters of administration from Mr. Newton.

Q. What money did you receive?

Devy. I received 53 l. 14 s. I returned the letters again to Mr. Newton.

John Carr . Robert Carr was my Brother: I have got letters which I received from him when he was on board his Majesty's ship the Newcastle.

Q. Do you know the prisoner at the bar?

Carr. I never saw him before.

Q. Did you hear of any relations of your on board the Newcastle, besides Robert Carr ?

Carr. I never did.

Q. When did you see your brother Robert last?

Carr. I saw him last at Armagh in Ireland. sixteen years ago; he was a soap-boiler and chandler by trade: (three letters produced.) these are from my brother; two of them are of his own hand-writing, dated on board the Newcastle.

Q. What was your father's name?

Carr. My father was named Daniel Carr ; he lived at Armagh in Ireland, at the sign of the Green Dragon: the letters were directed there, one dated December 1756, the other dated in 1757.

Thomas Browning . I knew Robert Carr , and know the prisoner; I was on board with them; I have heard them both say they were no kin to each other. Robert Carr died about the 12th of May 1761. This Thomas Carr only declared that he was mess-mate to the deceased; when he made a demand of his clothes, he said he would get this money when he came home; I said, How can you do that, when you know he has a brother living; he answered, You fool, who can do it if I cannot.

Q. from prisoner. Do you not know of a will made between the deceased and me?

Browning. No, I do not; they were on board the Lenox in the year 1761, when Robert Carr was killed at Bombay.

Robert Price . I know the prisoner at the bar: I had a letter of attorney from Armagh to search the books at the Navy office: I found by searching, that Robert Carr was dead. and his money taken by the nearest relation. I asked the Clerk if he knew whether it was his brother or not; he said, No; the administrator was the nearest of kin. I wrote a letter to Ireland. to know whether he had any other brother; they said, no, he had not. I was with the prisoner before my Lord Mayor; there he acknowledged he was no relation to Robert Carr : he pretended, though he had received the money, he received it very innocently; I said, Let me see the will; I went with him somewhere, in order to find it; but his name was not so much as mentioned in that will; the prisoner said he was to received money in the Manillas, and offered to make it up with me for that money; after that he said he would not pay it, saying he was an old man, and must die some time or other.

Prisoner's Defence.

I was made to believe by Robert Carr , that I was that relation I swore I was: we were upon terms of great intimacy and friendship; we executed cross wills to each other, that whoever died first, the other was to take the effects; I can produce people to prove it.

For the prisoner.

John Brown. I was on board the Newcastle originally: after she was lost, I went on board the Lenox: there were Robert Carr , and the prisoner Thomas Carr went on board her at the time; they were well acquainted with each other, and I saw a will of one Powell to Robert Carr , but I never saw the cross wills: I have heard Robert and Thomas Carr say they were relations, but I cannot say how near.

John Mackinsley . I have heard the prisoner and deceased call each other cousins, and I heard the prisoner say he had a power of attorney from Robert Carr .

Guilty . Death .

394. (M.) Robert Malcham was indicted for stealing a pair of leather shoes, value 4 s. the property of Thomas Taylor , May 13 . ++

Thomas Taylor . I am a shoemaker , and live at Ratcliff . On the 31st of May, about four in the afternoon, the prisoner stood loitering about my door for some time; Henry Cook came and told me he saw the prisoner take a pair of shoes from off the corner of the window; I ran out, and in an hundred yards catched him by the shoulders; I saw he had the shoes, and made him bring them back again, and deliver them at the door: I took him before the Justice; he committed him to New Prison.

Q. Where was you at the time he took them?

Taylor. I was at work in the shop, on the other side the window?

Henry Cook . I live next door to Mr. Taylor; I saw the prisoner loitering by the shop, and at last take a pair of shoes from the window, and was going off with them: I went and informed Mr. Taylor of it; he went and brought him back with the shoes.

Prisoner's Defence.

I was a little in liquor; this is the first thing of that fort that ever I did.

Guilty . T .

395, 396. (M.) John Vincent and John Bingly were indicted, for that they, on the 6th of July , about the hour of two in the night of the same day, the dwelling house of Thomas Easley did break and enter, and one pound weight of brass, value 6 d. and nine-pence in money, numbered, the property of the said Thomas, did steal , &c. ++

Thomas Easley . I am a brewer, and keep a little public-house at Kensington Gravel-pits : on Thursday night, the fourth of July, my wife found the two bolts of my cellar window were push'd back, on the inside, and the shutter had been opened; she told me of it; I went and found it as she said: the window opens into a little yard, on the back-part of the house.

Q. Are you sure it was bolted over night?

Easley. I bolted it myself on the Tuesday night: my wife had told in half-pence and silver to the amount of nineteen shillings on the Wednesday morning, and put it into a pewter pint wine measure, and set it on the cellar-head; they could come up the cellar stairs to it, but could not open the door to come into the tap-room: she turned it out on the Friday, and there was but twelve shillings and two-pence halfpenny remaining, and she had put in a shilling and some halfpence after she told it: I desired her to say nothing of it: I thought they would come again for the rest, so I sat up the next night, but nobody came. On the Saturday my son and I both sat up; we left the cellar window unbolted, and I had put a few halfpence into the measure. About two o'clock on the Sunday morning, we heard the window open: then I went out to the window, and call'd who was there: I call'd to a man; he came to my assistance; then I got a light and went down at the window; these were the two boys at the bar; one of them had emptied the halfpence into his hat: he threw his hat and all down: there were some of the halfpence lying in the hat, and the measure lay on the ground by it: I heard them throw'd down: I brought the boys up into the kitchen, and asked them if they had any body belonged to them; they said they had not: they owned they had been there on the Thursday night, and took seven shillings and a bottle of gin, which they said was the first time; and that they came on the Friday night, and took away a bottle of gin, and sold it to the soldiers for fourteen-pence.

Q. Did you know either of the prisoners before?

Easley. Vincent was apprenticed out of Kensington school; the gentleman at the school says he is fifteen years of age; Bingley says he is about the same age. I took them to the constable, who took the pieces of brass cocks out of Bingley's pocket.

William Hoane . Last Sunday morning the two prisoners were brought to my house, and delivered into my custody: I searched them, and found this tinder-box, steel, and flint, (no tinder) in one of Vincent's pockets, and the other pocket almost full of gun-powder: I asked him how he came by that tinder-box; he said a boy gave it him to strike a light on the common, when they were at play; and I took these pieces of brass cocks out of Bingley's pocket. (produced in court and deposed to.) I found in his pocket four shillings; I asked him how he came by it; he said Vincent told him it was four shillings of the money they took on the Thursday night: I asked what they did with the rest of the money they took that night; Bingley said they had brought a pistol in Oxford-road, and had sold it again to the man they bought it of, for one shilling and ninepence.

Q. to Prosecutor. What money was in the measure on Saturday night?

Prosecutor. There was about a shilling or sixteen pence in halfpence.

Vincent's Defence.

The cellar window was not bolted.

Bingley's Defence.

Vincent told me he opened two bolts the first night: he shewed me the tinder-box when I came to him: I am but just come from Yorkshire.

Both Guilty of stealing . T .

Acquitted of the Burglary.

397. (M.) James Crawley was indicted for stealing one hempen sack, value 6 d. the property of persons unknown; and five bushels of oats, value 4 s. the property of John Bartmaker , June 15 . ++

John Bartmaker . I am a Cow-keeper , and live at Kingsland: on the 16th of June I was informed the prisoner was in Spital-fields watch-house, and was fetched to see him: I went to him; there he owned he had carried a sack of oats to a person, and was stopped; he told me there were others concerned as well as he; that the Saturday night they had taken three sacks of oats, and sold them: he said they were two of my men, named John Broad , and John Derham ; that these two men left two sacks at the house of one Weston, a grease-man, in Kingsland-road; that he was sitting at the White Hart alehouse door, and saw them deliver them; that he went and took one, and carried it to Spital-fields, and offered it to sale: I asked him how Broad and Derham brought the sacks o f oats from my house: he said, when they went with the cart to fetch grains, they brought them in the cart; and that he had before been concerned in taking away three sacks out of my barn, and that he had 6 s. 6 d. for his share.

Q. Did you see the oats in Spital-fields?

Bartmaker. I did, and believe them to be mine.

Q. Did you know the sack?

Bartmaker. No, I did not.

Q. Were any oats missing?

Bartmaker. There were about six quarters missing out of the heap, and a sack of mine missing.

Q. Did you know the prisoner before?

Bartmaker. Yes; he has worked for me several times.

John Wills . I am headborough in Spital-fields. I heard the prisoner declare the oats were Mr. Bartmaker's, but the sack was not; and that he brought them from the grease-maker's on the Sunday morning, with intent to sell them; and that he left another sack under a parcel of rags and hay, in a rag-shed, the property of Mr. Bartmaker.

Robert Milford . The prisoner brought this sack of oats on a Sunday morning, and asked four shillings for them; I had not seen them: I said, where are they; he took me to a public-house, and call'd for a pint of beer; he there said they were the property of Mr. Bartmaker: he went to fetch them, and in the mean time I went to fetch an officer; and when he came, I stopt him; he told me there was another sack of oats where he brought these from, the property of his master, Mr. Bartmaker.

Q. How came he to tell you this?

Milford. He bid me keep the sack and all, saying it was not his master's.

Q. Did you know him before?

Milford. I never saw him in my life before.

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

Milford. He did.

Q. Did he tell you this before you charg'd the officer with him?

Milford. He did.

Q. Was he drunk or sober?

Milford. He was drunk; he told me he had received 6 s. 6 d. for his share for other oats before that.

Q. Where did he tell you all this?

Milford. All this he told me before we went to the public house.

Prisoner's Defence.

I did not take it from my master's; I took it it from Weston's Place; the two men brought it there, and I sat over the way and saw them bring it, and I went and took one of the sacks out: it was his own man that is run away, named John Broad , that brought me into it.

Guilty . T .

398. (M.) Samuel Dust was indicted for stealing two hogs, value 40 s. and one barrow pig, value 12 s. and one sow pig, value 10 s. the property of Richard Clark , June 30 . ++

Richard Clark . I live at Hounslow . Last Sunday was se'en-night, at night, my wife and daughter put my hogs into the stye; I saw them there, and fed them as usual: when I got up in the morning they were gone, two hogs and two pigs: two of them were almost 12 months, the other two were about four months old. My wife, children, and I, went about to see for them, and could hear nothing of them, till a team was coming from Hounslow-Heath; the waggoner told a bargeman a poor man had lost all his hogs; the bargeman told him he saw three russianly fellows driving four pigs through Old Brentford, a little before two o'clock: the bargeman came and told me this; I was directed to Mr. Turner, near Hyde-Park Corner, who keeps hogs, thinking he might have heard of people with hogs. While I was there, a dog-skinner came, and said a parcel of pigs were sold cheap at Brumpton: Mr. Turner and I went there, and met with a gardener, who gave us farther intelligence, by which means we found the two biggest alive, in the custody of widow Hore: we went to a public-house just by her, and the landlord had brought one of the little pigs; he had killed it, and some of it was left: this was at Mr. Tutt's, at the Bell and Horns at Brumpton; then we went to the prisoner's house, and found one alive there; he lived at Hay-Hill, in a cellar, between Berkley-square and Piccadilly: we took him to Justice Fielding; he said he bought the pig of one William Gentleman , whom he could not find; so the Justice ordered him to go along with us, to see if we could find him: we walked about. a good while, as long as he thought fit; then he went away and left us: the next day we went and took him before Justice Miller; he committed him to Tothilfields-Bridewell: we were informed William Prince was with the prisoner when the hogs were sold; the people at several houses said there was such a man as William Gentleman , but we could not find him.

Thomas Tutt . I live at the Bell and Horns at Brumpton. On Sunday was se'nnight, about 10 in the morning, the prisoner and Prince were at my house; they drank some beer, and talk'd to Mr. Blake, a gardener; they said they should bring some pigs on the Monday morning, and he should have the preference of them. Accordingly, on the Monday morning, about a quarter before five, Prince and two more men came with him with the pigs, and about a quarter of an hour after the prisoner came. Before the first pot was half oat, they ask'd for Mr. Blake; I said he was gone to town; they waited three hours about my door; I ask'd what they would have for one of the great pigs; they ask'd a guinea; I said it is worth 18 s. they said they would not take less: they called for another pot of beer; I then ask'd the price of one of the small ones; they ask'd 9 s. I said I would give eight and a pot of beer; then Dust said to Prince, Take the money: I accordingly gave the money to Prince; after that Dust came and ask'd me to buy the two large ones, and said I should have them worth the money: said I, What is that? the pigs that I offered 18 s. a-piece for at first: he offered me the two at 32 s. I said that would not do; then he came back to me, and said I should have them for 31 s. then I began to think they stole them; I said, I will have nothing to do with you nor your pigs neither; I wish I had not bought the other: that I bought weighed 32 pounds when dead: I gave after the rate of 31/4 d. a pound.

Q. What colour was it?

Tutt. A white barrow pig.

Q. to prosecutor. Was yours such a pig?

Prosecutor. It was, and weighed about that weight.

Tutt. The prisoner said he would have the other pig himself for a breeding sow.

Q. Did he pay for it?

Tutt. I did not see him give any money for it.

Q. What were the other mens names?

Tutt. One was nam'd Kitchen, and the other Gentleman.

Q. What were the pigs worth which they ask'd you 31 s. for?

Tutt. They were worth 20 s. a-piece.

Joseph Hore . Samuel Dust called me up one Sunday morning at 5 o'clock; I live near Mr. Tutt; we went to his house and drank; he told me he had some pigs coming out of the country, and he could help me to them worth my money; there was Prince with him; Dust said the pigs belonged to him. On the Monday morning he came again to Mr. Tutt's; he said to me, If you will have my pigs, here they be: my mother came there and saw them; she bid 30 s. for three, and at last agreed for 30 s. for two.

Q. What are you?

Hore. I am a gardener; my mother keeps a garden, and goes to market and sells things: I heard Mr. Tutt bid 18 s. for the best pig.

Q. Who appeared to be the owner of the pigs?

Hore. Prince did; Dust made the bargain with me.

Q. Did you know Dust before?

Hore. I have known him about a year and a half.

Q. What is he?

Hore. He is a bricklayer.

Q. Where are the pigs?

Hore. Mr. Clark has got them now.

Martin Harris . On a Sunday morning I was called up, near six o'clock, by Mr. Dust and his sister.

Q. Where do you live?

Harris. I live at Earl's Court, near Brumpton; we went to the White Hart, and had some gin; then we went to the Bell, and had some beer: Dust said he knew a man in the country that had some pigs to dispose of, and he had not a place proper to keep them in.

Prisoner's Defence.

I went out that Sunday, as I usually do; I lit of Prince; knowing him to be a country butcher, we went to Harris's; we drank together; he was talking about a brother that had some pigs to sell. On the Monday, about 7 o'clock, he came and desired I'd come to Brumpton; he said he had four pigs to sell. When I came there, there were William Gentleman , Kitchin, and Prince, drinking. Mr. Tutt had agreed for a little barrow pig for 8 s. and a pot of beer. I bought one, and gave him a shilling earnest for it. Hore's mother came and offered me a shilling for my bargain; I said I would not par with it, because I wanted it for a breeder; then the young man came and bid money for two pigs; he said his mother would give no more than 30 s. so they let her have them. I drove mine home, and put it into the stye; I gave 7 s. for it; then I went about my business to my work: the next day Mr. Turner came and ask'd to see my pig; I shewed him it; the prosecutor was there; he said it was his, and took it away; they said I must go before Justice Fielding; I went there, and said I had the pig of three men: the Justice sent me to see if I could find them out; we went all about, and it began to be night; then Mr. Turner said we might as well go home about our business; so I went home. Please to examine Mr. Hore, whether he did not see me give earnest for it.

For the Prisoner.

Joseph Hore . I know nothing of his paying for the pig; I never saw him pay a farthing.

Mary Howard . I have known the prisoner since he came from abroad, which is about two years ago.

Q. What is his business?

M. Howard. Sometimes he has been a drover, sometimes a bricklayer's labourer.

Q. What is his general character?

M. Howard. I know nothing but honour and honestly by him. Here is Mr. Turner, that is the head of those against him; he can't give him a bad character.

Q. to prisoner. Do you desire he should be called?

Prisoner. Yes.

Robert Turner . I have known too much of him; his business has been that of hog stealing; I don't know he ever followed any business besides.

Guilty . T .

399. (M.) William Prince was indicted for stealing two sows, value 40 s. the property of Catharine Turner , widow , July 10 . ++

Robert Turner . I am son to Catharine Turner . On Thursday morning the watchman came and knock'd me out of bed at three in the morning; I went down, and saw the watchman had brought my mother's two sows.

Q. Where does your mother live?

Turner. In Berwick-street; I live there also. The watchman said, the man that had them was in the round-house; I went there, and ask'd the prisoner what his name was; he said his name was Pickering: I ask'd him if it was not Prince; he said, No: I ask'd him if he could read or write; he said, No: I ask'd him if he was not clear'd on Wednesday; he said he was: I ask'd what he was doing with the two sows; he said he was going to drive them to the Green yard: I ask'd him if he was not ashamed of committing so rash an act, just after his being accused with a crime of the same sort; he said he wanted some money to buy him some shoes, or to sole his shoes; I can't tell which.

Q. Were the hogs lost from out of a stye, or where?

Turner. We always lock them up; but I believe the man was a little in liquor that night, and did not lock them up; it is always my order that they should be lock'd up.

Anthony Fonsecca . I am a watchman belonging to St. James's; the prisoner came by a little before two in the morning; I knowing the two sows, stopt him, and ask'd him where he was driving the two hogs; he said to St. James's market: after that he said he was going to drive them to Tothilfields Pound: I told him he should drive them no farther; he swore he would; I said he should not: I took him to the watch-house, and drove the hogs home to Mr. Turner's. The prisoner told me he had been confined some time, and had been acquitted that day.

Prisoner's Defence.

I have nothing farther to say than what I have said; I have no friend in the world; I saw the two sows in the street, and was going to take them to the Pound, to get a little money to put some shoes upon my feet to go into the country, as I heard there was an act of parliament against their going in the street.

Guilty . T .

This was tried on Saturday, the last day of the Sessions. See him tried on Wednesday the first, No. 344.

400. (M.) Susannah, wife of Robert Walker , was indicted for stealing a copper stew pan, value 1 s. a pair of blankets, value 6 d. a bolster, value 3 d. and a flat iron, value 3 d. the property of Thomas Gahagan , in a certain lodging room let by contract by the said Thomas to her , &c. April 20 . ++

Thomas Gahagan . I live in Ratcliff Highway ; the prisoner took a lodging of my wife at half a crown a week; the things mentioned in the indictment were part of the furniture for her use; she had been there about 9 or 10 months, and paid within a trifle: her husband was dying, and the parish-officers sent her away, fearing she and the children should become chargeable; then I found these things were missing.

Prisoner's Defence.

My husband was dying, and the parish-officers turned me out because of that: he did die, and they made me go. I am left in great distress.

As the prisoner had a husband when the lodging was taken, the indictment was laid wrong, her act being his. It should have been - let by contract to the said husband, &c. She was Acquitted ; and the parish-officers act greatly disapproved of by the Bench.

401. 402. (M.) William Newbury , and Elizabeth his wife , were indicted, the first for stealing a pair of linen sheets, value 4 s. a copper pottage-pot, value 1 s. two sauce-pans, a copper frying-pan, a pewter dish, two pewter plates, and a copper tea-kettle, the property of William Watson , in a certain lodging-room let by contract by the said Watson to the said Newbury , &c. May 22 . It was laid also against the wife, for stealing the said goods, the property of William Watson , May 22. ++

Mrs. Watson. I live in Oldstreet-Square , and am wife to William Watson : the man at the bar took a lodging at my house on the 7th of July. 1764, at half a crown a-week; I miss'd some of the things which were let with the room about the latter end of April, or beginning of May: the man being out of work, said, if I would give him leave to stay a fortnight or three weeks, every thing should be brought again by degrees; and after I ask'd for them, they both went away without restoring them, and about 30 s. in my debt; then I examined what was lost. and miss'd all the things mentioned in the indictment (mentioning them). I went to Sir John Fielding , and got a warrant and took them up: the man had given my husband an account of the things before we took them up. and where they were pawned; he said his wife pawned them (she is a woman much given to drink); we found them according to his account.

Francis Smith . I live with Mr. Payne, a pawnbroker in Golden-Lane. On the 24th of November the woman pawned a sauce-pan, and on the 12th of April a stew-pan; on the 10th of April a sheet; on the 22d of April a pewter dish, two plates and another sauce-pan; and on the 22d of May I delivered them all up to the constable.

Catharine Young . On the 23d of last March, the woman brought a pottage-pot, and pledged it with me; the tea kettle was brought the 27th by another person.

The Husband's Defence.

I knew of no one thing before it was gone; I had been out of work five or six weeks; I believe my wife did it in regard to the children.

The Wife's Defence.

Mrs. Watson came up one Sunday night, after she had ask'd me a great many times to part with the room, as we could not pay our rent; she knew of the things being gone three weeks before we went away.

William Guilty .

Elizabeth Acquitted .

(M.) They were a second time indicted, the first for stealing a pair of linen sheets, value 4 s. a brass sauce-pan, value 1 s. one quilt and a tin boiler, value 2 d. the property of Charles Wheeler , in a certain lodging-room let by contract by the said Charles to the said William , &c. July 9 . And the woman for stealing the said goods, &c. ++

Charles Wheeler . I live in White-horse Yard, Goswell street ; the prisoners lodged in my house, in a ready furnished lodging, at 1 s. 9 d. a-week; they had been in it three weeks before the 9th of July; the things mentioned in the indictment were part of the furniture; Mr. Watson and an officer came and took them up; then I miss'd the things; I found them again, by the direction of the woman at the bar, all but the quilt, in Charterhouse-lane. When she spoke of them, he said to his wife, O! what, have you brought me to this!

Mary Seal I am a pawnbroker, and live in Charterhouse-lane (she produced a pair of sheets, and a tin boiler and brass sauce pan); I took these in of the woman at the bar, one sheet the 18th of June, the other sheet and brass sauce-pan on the 20th. and tin boiler the 21st.

The Husband's Defence.

I knew nothing of this till they were gone.

The Wife's Defence.

I pledged them myself.

William Guilty, Recommended . B .

Elizabeth Acquitted .

403. (M.) Margaret Bourn , spinster , was indicted for stealing a guinea, and 2 s. 6 d. in money, numbered , the property of Edward Geldard , June 8 . ++

Edward Geldard . I am a packer , and lodge in St. Giles's; I met the prisoner in St. Giles's, at the Two Brewers, going home on a Saturday, five weeks ago, about five in the morning; she ask'd me if I would go home with her; I was very sleepy.

Q. Was you drunk or sober?

Geldard. I had been in Smithfield drinking all the evening; I can't say I was very much concern'd in liquor; I went to her home, at the house of one Murphy; she made excuse to go for a pot of beer; while she was gone, I fell asleep; when she came back again, she awaked me by taking my breeches from under my head; I was going to take them from her; she left them, and slipt out before me, and lock'd me in; she had taken my money out, which was a guinea and half a crown; I was forc'd to get out at the window.

Q. How do you know she took your money?

Geldard. I saw it in her hand: I went to the next house, called the Royal Oak; there she was, and I secured her, and sent for a constable; she would not own to me she had my money; I did not search her.

Thomas Purser . The prosecutor being an acquaintance of mine, sent for me to the Royal Oak in Broad St. Giles's, about seven in the morning; the landlord said he had chang'd her a guinea, but she had no money; she was taken before Justice Welch; I think there she said she had paid the money away.

Prisoner's Defence.

I got up in the morning; he begg'd of me to go to the Two Brewers for beer; I fetch'd a pint of purl; he made me a present of two shillings, as he thought; one I found to be a guinea. When he came to me at the Royal Oak, he called me bitch, and knock'd me down, and took me to the watch-house; and by the blow he gave me, I dropt the money out of my hand; whether he took it up, I cannot tell.

Q. to prosecutor. Did you give the prisoner two shillings?

Prosecutor. I did.

Q. Are you sure one of them was not a guinea?

Prosecutor. It might be I gave her a guinea instead of a shilling.

Acquitted .

404. (M.) Thomas, otherwise Richard Harris , was indicted for stealing a basket, value 1 s. two half-peck loaves of bread, value 2 s. three quartern loaves, value 18 d. and one brick of bread, value 1 d. the property of Christopher Chapman , July 10 . ++

Richard Dent . I live servant with Christopher Chapman , a baker ; I left my basket, with the quantity of bread in it as mentioned in the indictment, in Holbourn, at the corner of Leather-lane , last Wednesday morning, between ten and eleven; I went with two loaves, one to Brook's-market, the other to Clerkenwell: when I came back about a quarter after eleven, my basket and bread were gone: in looking about, I saw the prisoner coming up Fetter-lane with a basket on his shoulder; I was pretty sure it was my basket; I followed him to near Holbourn-bars, and ask'd him if he had ever a stale loaf to change for a new one; he said he had no stale bread in his basket; I was resolved to follow him while he set it down; he went down Gray's-Inn-Lane, and never look'd behind him: at the end of the lane I met John Gray ; I asked him to go with me, and see me take that basket off the man's shoulder; I thought it to be mine, and I wanted a witness, fearing he should charge me with stealing it; I told him what bread was in mine; then I went and took it from the prisoner's shoulder, and said, Is this your basket? the prisoner said, Yes, it is, I brought it from my master's just now; I then saw it was my basket, with the same quantity of bread in it: I took him by the collar, and call'd for a constable; then he begg'd of me to let him go, and said he had never stole any before; he made a deal of resistance, and attempted to strike up my heels; I got him into a house, and sent for a constable; he said he lived with a man in Petticoat-lane, and brought bread to two customers in Leather-lane; and that, coming down Leather-lane, he, by mistake, took my basket instead of his own: he mentioning the two customers names, the Justice sent me and John Gray with him to these two customers. When we got about half-way down the lane, he took up a stone, and swore the first man that came nigh him he would knock down, and ran away; I followed and took him, took the stone from him, and cut the waistband of his breeches, and dragg'd him along to the Justice again, and he committed him.

John Gray , who met the prisoner and prosecutor in Gray's-Inn-Lane, confirmed the account given by the prosecutor.

Prisoner's Defence.

I am a journeyman baker, and served two customers in Leather-lane: this man assaulted me, and said I had his basket; I did not know I had it; he knock'd me down, and tore my cloaths; I did not know I was in any fault; I stood in my own defence.

Guilty . T .

405, 406. (M.) Elizabeth Nichollus , spinster ; and Joseph Holland , were indicted, the first for stealing a stuff gown, value 3 s. a pair of garnet ear-rings set in gold, value 3 s. four linen aprons, value 4 s. a linen shift, value 2 s. a pair of worsted stockings, value 1 s. three pair of thread stockings, value 3 s. four linen handkerchiefs, value 4 s. one silk cloak, value 1 s. four linen caps, value 4 s. one piece of lace, value 1 s. one linen shirt, value 1 s. one stone button set in silver, value 6 d. one pair of cotton stockings, value 2 s. one piece of velvet, and a holland sleeve , the property of Thomas Taylor , July 2d , and the other for receiving one linen cap, one shirt, one stone button, set in silver, one pair of cotton stockings, one piece of velvet, and one holland sleeve part of the said goods, well knowing them to have been stolen , July 5 . ++

Ann Taylor . I live at Hammersmith , and am wife to Thomas Taylor : we had been out last Tuesday, and came home about twelve at night: the prisoner Nichollus was our servant , to whom we had left the care of the house; in the morning about four she came into my room, and asked me for the key of the street door; she said a man call'd for a basket, to carry some cats down to the horses; I thought it was rather sooner than he used to come; I got out of bed, and could see no man: I made her go to bed again, and took the key of the street-door into my room: about six o'clock our man came, and there was nobody to let him in; I got up and let him in; I found my wash-house window open, then I miss'd the things mentioned in the indictment, (mentioning them) and a 3 l. 12 s. piece. I went in pursuit of her, and found her at Kensington, in the barracks, and a bundle of things, all my property: I took her before a Justice; there she owned she had robbed us the night before, and that she had given some of the things away; that the soldier Joseph Holland had a shirt, a stone-button, a piece of velvet and a handkerchief: he was taken up, and the things found in his knapsack; he said he did not know that she had stolen them: I asked him if ever he had been at our house; he said he never had. (The goods mentioned produced and deposed to.)

Philip Freeman . I am in partnership with Mr. Taylor: on the Wednesday morning the first thing I heard was, that the wash-house window was open; then Mrs. Taylor looked about and miss'd the things; the girl being gone at the time: we had heard a soldier at Kensington was acquainted with her: Mrs. Taylor went to the barracks, and sent me word she had found the prisoner: I went there and saw the things she had taken: we took the prisoner before the Justice; there she confessed she had a key that opened a closet door, where Mrs. Taylor's bunch of keys were; that with them she opened the drawers and took the things: then she was committed.

Nichollus said nothing in her defence.

Holland's Defence.

When this girl came to me, she told me she lived with her uncle and aunt; and the things she gave me, she said her aunt gave to her; I was in bed, and she sent the things up stairs by the man that was centry at the barracks, about four o'clock in the morning.

For Holland.

Samuel Nixon . The prisoner is a soldier, and was in the barracks at Kensington: I had seen the woman at the bar before: she came to me between three and four o'clock that morning, and enquired if Joseph Holland was within; and gave me a handkerchief with some things in it, and desired me to deliver them to him; and tell him to come to her directly; she wanted to speak to him, for she lived with her aunt, and must be at home before she got up. I went and gave him the things, and told him what she said: he got up and came down to her: I can't tell how long they were together: I did not see the bundle opened: I was quartered with him once about a quarter of a year; I never saw any misbehaviour by him.

William Holland . I am the prisoner's brother, and live at Hammersmith: my brother used to come and see me there: I never saw him and the young woman together, neither do I know that he ever went to Mr. Taylor's house.

Nichollus Guilty . T .

Holland Guilty . T. 14 .

407. Mary, wife of Richard Wood , was indicted for stealing seven pair of worsted stockings, value 4 s. the property of Theophilus Wright , June 14 . ++

Theophilus Wright . I live in the Eight-Bell-yard, St. Giles's. On the 14th of June, between three and four in the morning, I heard my dog bark very much, in my gallery: I got up and opened the door, and saw the prisoner go along the gallery, and take down the stockings mentioned in the indictment: there being no way down but by me, I laid hold of her arm; she said, What do you lay hold of me for, fellow? I said they belong'd to me: she dropt them down, and said, Then there lies your stockings, fellow. I secured her; there is no gates to the yard, nor no fastening to the stair-case: it is a very large yard; the stockings were my property. There were five pair she had got belonged to another person, but we did not put them in the indictment.

Prisoner's Defence.

I and my husband had some words; he is a man that is very ready with his hands; I ran into this yard, and sat down on the stairs; this man came out in his shirt, and behaved very rude to me; he took hold of my arm, and went to push me up stairs; I did call him fellow.

Guilty . T .

408. (M.) William Smith was indicted for stealing a pannel saw, value 3 s. the property of David Southern , July 10 . ++

David Southern . I am a carpenter , and was at work by Rathbone-place ; last Wednesday between twelve and one, I left my saw with other tools on the bench, and went to dinner; and when I returned to my work, my saw was gone.

John Wharton . I was at work along with the prosecutor; he went to dinner; I was sitting on a chest, and eat mine in the buildings; after which I went to gather up the chips. I met the prisoner about twenty-eight yards from the place where the tools lay, with the prosecutor's saw under his coat: I took him by the collar, and took it from him: he fell a crying, and beggd I would not hurt him. (The saw produced and deposed to.)

Prisoner's Defence.

I went there to ask for one Will. Conn, who had worked with me at the Duke of Bedford's.

He called Henry Martin , Peter Poe , and Margaret Walker , who gave him a good character.

Guilty . T .

409. (M.) Ann Smith , spinster , was indicted for stealing a silver watch, value 30 s. the property of Thomas Price , privately from his person , July 2 . ++

Thomas Price . Yesterday was a week, I went in at the Green-Man, at Kensington , for a pint of beer, about eleven o'clock at night: I sat at one end of the box, and the prisoner at the other, and George Pulison , an acquaintance of mine, sat over against me: when I got home, I miss'd my watch.

John Dinmore . I am a watch-maker, and live at Brumpton. I was fetched to look at a watch that was offered to sale; the prisoner had it to sell (I had heard a man had lost a watch at Kensington). I asked her how long she had had it; she said she had had it five years and a half; that it was given her by a sailor belonging to the Antelope. I went with her to the Justice; she told him the same story; he committed her to Bridewell; then she called me aside, and said it belonged to one Thomas a milk-man at Kensington; I sent for the prosecutor; he swore it was his property. (Produced and deposed to.) She said it had been pawned a year to Mr. Becket, which appeared to be false.

Wm Becket . On Wednesday morning, a coachman at my door asked what it was o'clock, I said, about six; said the prisoner, I believe it is not six, for I always carry the time of the day about me, and pull'd the watch out of her pocket, and look'd at it: she offered it to sale to the coachman.

Prisoner's Defence.

I was at the Green-Man, about half an hour after eleven; that man sat by me; he and I have been together before; I asked him if he would drink some of my beer; coming out at the door, he catched hold of me, and he and I were together about three hours; and when I got up, I found the watch in the place.

Q. to Prosecutor. Is this true that she says?

Prosecutor. It is all false; I never was with her after I lost the ale-house.

Guilty . Death .

410. (M.) William Obrian was indicted for stealing a silk breeches-piece, value 5 s. the property of Thomas Cockell , privately from his person , June 27 . ++

Thomas Cockell . On the 27th of June I was sent to Mr. More in Chiswell-street for a silk breechespiece: I met with the prisoner going; I bid him stay at the door whilst I went in for the piece: he did; going home, I met a cooper my acquaintance; we all three went in to drink at Mr. Edwards's, in Old-street ; I fell asleep about ten minutes, and when I awaked, I miss'd the breechespiece; Obrian was gone; I went in search after him, and found him in St. Martin's court; I charged him with taking it; he owned he had pledged it with Mr. Notley; there I went and found it.

Mr. Notley. I live with Mr. Kates in Chandois-street; the prisoner pledged this breeches-piece with me the 27th of June, about three o'clock.

Court. How could you think this was his property? you pawnbrokers will not rest, it is plainly seen, till some of you are brought to the bar to answer with these people. You every day of your lives endanger yourselves of being convicted by this sort of practice. I hope, at least, the reprimand you have received will be of use to you; and, when you report it to your master, I hope it will be of use to him. If pawnbrokers will suffer their people to carry on their business thus, it will end, most certainly, in their going abroad. (The piece produc'd.) Guilty of stealing, but not privately from his person . T .

411, 412. (M.) John Trevis was indicted for stealing seven handkerchiefs, value 2 s. the property of persons unknown; and Martha Bennet for receiving them, well knowing them to have been stolen . ++

Richard Kilsby . I am Constable of the parish of St. Martin's: on the 22d of June, it was my turn to go round the parish at night; we found a man in Hedge-lane had lost his watch; I laid hold of the person suspected to have taken it; but the boy made his escape: the boy at the bar, and the evidence Linnerkin appearing to belong to him, we secured them: there were several handkerchiefs found on the prisoner. Upon the handkerchiefs being found, the boys made information, that they used to sell the handkerchiefs to Mrs. Bennet; and these handkerchiefs were found in her house. (Producing seven linen handkerchiefs, of different colours, washed and ironed.) The boys have swore they sold her them; she sells old clothes. We took the evidence there; he said there lie the handkerchiefs: she acknowledged buying some of the boys, and said we might take them: she said she asked the boys how they came by them, and they said they tossed up for them.

Edward Wright . I went along with the constable from Sir John Fielding's office; when we came to the shop of Bennet, the evidence pointed up to the handkerchiefs; there were several others there: he took these out, and said he believed they sold her them, which they had stole; the woman acknowledged she had bought handkerchiefs of them, but did not know they were stole.

John Linnerkin . Trevis and I used to pick pockets about the Strand and Temble-bar, and then in the morning, about seven or eight o'clock, go to her shop, and sell the handkerchiefs to her: all we got we sold to this woman, dirty and snuffy as we got them: when I went with Edward Wright to her house, I shewed him the place where she used to put them; and I picked these seven out, and know we stole them.

Trevis's Defence.

I never pick'd a man's pocket in my life.

Bennet's Defence.

I never bought but one handkerchief of the boy at the bar, and that he took from off his neck to sell.

She called Mr. Turner, Mr. Jones, Mr. Munday, Mr. Bradd, Mr. Capper, Mr. Matthews, Mr. Sharp, and Elizabeth Nelson , who gave her the character of a very honest woman.

Both Acquitted .

413. (L.) Samuel Priest was indicted, for that he, together with divers other persons, to the number of a thousand and more, on the 17th of May , did unlawfully and riotously assemble together on Ludgate-Hill , near the dwelling-house of John Bigg , for the space of one hour, making a great noise, and throwing divers large stones, and by means thereof did break divers windows belonging to the said dwelling-house; and for doing other damages, against his Majesty's peace, &c. ++

Amos Alexander . I can only say there was a riot before my master, Mr. Bigg's door, on the 17th of May, about four or five in the afternoon; there were a great many people assembled, throwing stones, sticks, and other things, at and into the house; it was principally aimed at Mr. Bigg's house; every window in the front was broke, and the lamps broke: I believe the riot lasted better than an hour.

William Payne . On the 17th of May, I believe, about six in the afternoon, I was going up Snow-Hill; I heard a person say there was a riot on Ludgate-Hill; I thought it my duty, as a peace-officer, to go there: I went; and when I got there, there were no windows at all broke: I was there just at the beginning of the mobbing; I believe there was not a man among the weavers threw a stone; I observed the prisoner at the bar was very active in throwing stones; he broke a great number of windows himself; he threw very large pebble-stones from the pavement; and after the windows were most of them broke, the lamps were broke; but whether the prisoner broke the lamps, I cannot tell; he had a large saggot-stick in his hand; he took one of the tops of the lamps upon his stick, and vapoured it about, and tossed it into a cart that was going along; after which he threw the same stick through a two-pair-of-stairs window: he was going to pull down the sign, but a gentleman that stood by him had more wit than he; he tapp'd him on the shoulder, and said. Take care what you are about, young man; the prisoner took the hint, and walked away; I follow'd him, thinking it in vain to take him then: In Cheapside I met Mr. Gates, the under city-marshal, to whom I told the prisoner was the principal man in the riot: that he had broke more windows, and done more mischief, than all the weavers. Immediately he seized him: I took hold of one arm, and he the other, and we led him to the Compter.

Mr. Bigge. This piece of timber was found in a two pair of stairs room, immediately after the riot: ( Produced in court).

The prisoner said nothing in his defence; but called Mr. Ripley, his master, who gave him a good character.

Guilty . Im .

[Fine. See summary.]

[Provide sureties for good behaviour. See summary.]

414. (L.) Thomas Dean , otherwise Cook , was indicted for obtaining 14 pounds weight of white copperas, value 7 s. the property of Messrs. Streadfield and Colwell , by false pretences , June 26 . ++

John Salmon , servant to the prosecutors, deposed, that they lived in Budge-row ; the prisoner came for 14 pounds weight of white copperas, for Mr. Nixon, senior, which he delivered to him. Mr. Nixon deposed he never sent him with such order. Hugh Corkhill , a painter in Shadwell, deposed the prisoner came and told him he had a brother a colour-man, that had failed, and he had this quantity of copperas to dispose of, which he bought of the prisoner.

Guilty . T .

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

Received Sentence of Death, Eight.

Thomas Carr , Ann Smith , Francis Attaway , William Abbott , Thomas Little , Barney Carrol , William King , and Anthony Vacheron .

Transported for Fourteen Years, One.

Joseph Holland .

Transported for Seven Years, Thirty-five.

William Watkins , William Cook , William Salisbury , Thomas Dean , John Rees , George Wilkerson , Thomas Jackson , John Smith , Jane Jostlin , William Smith , Robert Clark , James Cowper , Ann Richards , Richard Mears , Mary Cowley , James Hocket , Ann Hanley otherwise Alder, Effa Morrison, Henry Lawrence , John Fluty , James Artery , William Trueman , Ann Saywell otherwise Thomas Brown, Mary Smith , Robert Malcham , John Vincent , John Bingley , James Crawley , Samuel Dust , Thomas Harris , Elizabeth Nichollus , William Prince , Mary Wood , William Smith , and William Obrian .

Branded, Five.

James Carter , Ann Wilson , Samuel Jones , Mary Overy , and William Newbury .

Whipped, One.

William Goodman .

Samuel Priest to pay a fine of one shilling to the King, and be imprisoned in Newgate six months, and to find sureties for his good behaviour for one year.