Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 25 July 2014), December 1765 (17651211).

Old Bailey Proceedings, 11th December 1765.

THE WHOLE PROCEEDINGS ON THE KING's COMMISSIONS of the PEACE, OYER and TERMINER, and GOAL DELIVERY FOR THE CITY of LONDON; And also the GOAL DELIVERY FOR THE COUNTY of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 11th, Thursday the 12th, Friday the 13th, Saturday the 14th, and Monday the 16th of DECEMBER, 1765.

In the Sixth Year of His MAJESTY's Reign. Being the First SESSIONS in the MAYORALTY of THE RIGHT HONOURABLE GEORGE NELSON , Esq; LORD-MAYOR of the CITY of LONDON.

NUMBER I

LONDON,

Printed for J. WILKIE, at the Bible, in St. Paul's Church-Yard.

[Price Six-Pence.]

THE WHOLE PROCEEDINGS ON THE

King's Commissions of the Peace, Oyer and Terminer, and Goal Delivery held for the City of LONDON, &c.

Before the Right Honourable GEORGE NELSON , Esq; Lord-Mayor of the City of London; the Honourable Sir RICHARD ADAMS , Knt. one of the Barons of his Majesty's Court of Exchequer *; the Honourable Sir JOHN EARDLEY WILMOT, Knt. one of the Justices of his Majesty's Court of King's Bench +; JAMES EYRE , Esq; Recorder ++; and others of his Majesty's Justices of Oyer and Terminer for the said City and County.

N. B. The characters * + ++ direct to the judge by whom the prisoner was tried; also (L.) (M.) by what jury.

LONDON JURY.

Benjamin Worthy ,

Robert Edwards ,

Ambrose Cantwell ,

Samuel Thomas ,

Smith N. Bragrave ,

Edward Bowman ,

John Fairsid ,

James Price ,

Edward Coster ,

William King ,

John Bates ,

John Coleman .

MIDDLESEX JURY.

Charles Mills ,

William Jones ,

John Peirpoint ,

Henry Cock ,

Euclid Harrison ,

Thomas Pyke ,

Thomas Noy , ||

|| Samuel Clay served part of the time in the room of Thomas Noy .

Henry Holding ,

Hugh Corkhill ,

Thomas Dormer ,

Rich Longbottom ,

John Gee .

1. (L.) Anne Connel was indicted for stealing a woollen cloth cloak, value 4 s. the property of John Delaforce , Oct. 18 . ++

John Delaforce . I am a pawnbroker , and live over against Spital Yard, Bishopsgate-street . On the 18th of October, the prisoner came past my door; she looked at a cloak that hung there, and unpinn'd it. I was serving two customers: I saw her pop it under her left arm. I ran round the counter, and overtook her in Primrose-street, and took her by the shoulder; she took and threw the cloak on the ground, and begged to be let go. Mr. Fountain, an officer, was near, to whom I gave her in charge. (Produced in court and deposed to.)

Mr. Fountain. I am a constable, I was about 60 yards distance when the prosecutor laid hold of the prisoner. I saw the cloak fall to the ground. He called to me, and gave me charge of her. She said she found the cloak at his door: she said the same before the justice.

Prisoner's defence.

I was going along the street, and I picked the cloak up, but I do not know where the prosecutor lives.

Guilty .

[Transportation. See summary.]

2. (M.) Thomas Johnson was indicted for stealing one wicker basket, value 6 d. and six dozen of quart glass bottles, value 15 s. the property of John Middlemarsh , Esq ; Samuel Lowe , James Watts , and Sarah Brent , widow , Nov. 13 . *

James Watts . I live at the glass-house, at the old barge-house on the other side the water. Mr. Middlemarsh, Mr. Samuel Low , I, and Mrs. Sarah Brent , are partners. I sent four porters with a quantity of quart bottles to different customers, on the 13th of last month, to be landed at Black-lion-stairs : there was a basket with six dozen. missing. The other witnesses can give a farther account of it, I was not there.

William Wilkins . The prisoner came to me on the 13th of last month, where I live, in Hungerford market, and desired me to carry some bottles for him: he sent me down, and said there were three prittle baskets, the farthest of them was his. He did not go quite to them, I went and took them up; Mr. Hounsworth helped me up with them. I went to the prisoner, he led me through Church court and Round court, and into Southampton-street, where I had a fall with them, and several were broke; he swore at me and helped me up with them. I carried them to a pitching-place at the corner of White Horse lane, there he gave me three-pence, and I left him and them together.

Q. Did you know the prisoner before?

Wilkins. No, I never saw him before to my knowledge. After they were missing, Mr. Hounsworth informed the porter of me, and they came to me, and I went with them to the house of Mr. Hoy, where the basket and bottles were found.

Henry Hounsworth . I live with Mr. Watson, a wine merchant, who trades with Mr. Watts. On the 13th of November about dusk, I was at the Black-lion-stairs, and helped the porter, Wilkins, up with a prittle basket of bottles. I was waiting for some bottles for my master.

John Hoy . I live in Vere-street, Clare market, I deal in broken glass bottles. The prisoner came to my house about 4 o'clock on the 13th of November, and asked me to buy 16 bottles; they appeared to be new ones, I said I would have nothing to do with them; then he desired I would let him leave the basket, and he would send for it in about half an hour: there was some broken glass at the bottom. (a basket and bottles produced.) These are the same. After that, Mr. Watts's man, name Grant, came and owned them.

Thomas Grant . I am one of Mr. Watts's porters. There was a prittle basket with six dozen bottles of our master's lost from Black-lion stairs; I came with them there in the boat, so did the prisoner: they were missing about 3 in the afternoon on the 13th of November; while I went with some to Albemarle-street, they were taken away from the landing place.

Q. Did you leave any one in the care of them?

Grant. No, I did not, it is not usual so to do. Mr. Hounsworth told me a porter that lives in Hungerford market, had carried them away; we went and found Wilkins, who went with us, and we found the prittle and these bottles at Mr. Hoy's (here produced) I know the basket to be the property of our master, and the bottles also, there being none like them made nay where else in London.

Prisoner's defence.

I know nothing of the matter, I never saw these men in my life before.

Guilty . T .

He was committed July 22, for obtaining 20 gallons of brandy, by false pretences, the property of Wenman and Co. but the indictment being laid wrong, he was discharged.

3. (M.) Anne Ashby , Spinster, was indicted for stealing one ell of long lawn, value 2 s. one ell of muslin, value 2 s. 6 d. half a quarter of a yard of Irish linen, value 3 d. three yards of Russia linen cloath, value 1 s. 6 d. and one piece of wrapping callicoe , the property of Gilbert Sheldon , November 18 . *

Gilbert Sheldon . I did keep a linen draper's shop in Gerard-street, but now have left off business, and live in Holland-street in the Strand . I have a room where I put my things till I can dispose of them. I can only say, the things mentioned in the indictment, are my property, and I miss'd them on the 18th of November (produced and deposed to.)

Q. How long had she been your Servant ?

G. Sheldon. She had lived with me just a fortnight to a day.

Diana Sheldon . I am wife to the prosecutor. We have our goods in a two pair of stairs room, where we lodge. The prisoner had access to that room at times. On Monday was three weeks I rung the bell for the prisoner, she not coming, I waited a great while, at last went down and found her dead drunk and asleep in the kitchen. I went to Mrs. Deblee, at whose house we live, and desired her to go with me and see what a pickle my servant was in; she informed me the prisoner had that morning brought to her a piece of muslin, and desired her to cut her out an apron of it; that morning I looked at it, and said she was both a thief and a drunkard, for that was my muslin. We went to her and awaked her; I' desired her to unlock her box which was in the kitchen; she did. The first thing I found was the piece of wrapping callicoe, then two pieces of Irish linen, with my shop mark upon them; then we desired her to unlock her trunk; in that we found a remnant of long lawn, with our mark upon it. I, by inquiry, got another piece which she had carried out, and left with Anne Cifford , who is here to give evidence.

Q. to prosecutor. When did you leave off business?

Prosecutor. About two months before Michaelmas last.

Charlotte Deblee . I and my sister live together where the prosecutor lodges. Mrs. Sheldon desired me about two o'clock one day to go and see what a pickle her maid was in; I went and found her drunk and asleep; we awaked her and desired her to open her box, which she did, and the things Mrs. Sheldon has mentioned were found there and in her trunk.

Catherine Deblee. About eight o'clock that morning, the prisoner desired me to cut her out an apron of this piece of muslin (taking it up in her hand) she said she bought it in the city about two years ago. I went with my sister afterwards, and found her asleep drunk; I awaked her. The rest as the other evidences had mentioned.

Anne Gifford . I live in Suffolk-street. The prisoner brought this piece of Russia to me (taking it in her hand,) and desired me to make her two shifts of it, and said she had it of an uncle some time ago.

Prisoner's defence.

I bought the lawn and muslin in Cheapside about two years ago, and I found the callicoe lying among some rubbish. I saw it was good for very little. I never opened it, but put it into my box.

Guilty . B .

4. (M.) Eleanor Nevil , spinster , was indicted for stealing five silver table spoons, value 20 s. the property of William Ogle , November 11 . *

William Ogle . The prisoner had lived servant with me about six months, and was discharged the 1st of August last. On the 6th of November, in the morning, my servants told me there were five silver spoons missing, and they had a suspicion of the prisoner, who had been backwards and forwards in the house for some days to see the servants. She happened at that time to be in the kitchen. I ordered her and all the servants up, and made a very strict examination, and at last the prisoner told me she had taken and pawned them in Wych-street with one Mr. Fryer. I went to Sir John Fielding, and he sent for Mr. Fryer to bring the spoons there he had pledged with him in her name. He came and brought them (produced in court) These are my property, here are the initial letters of my name on them. The prisoner is a young girl, but I fear she is got among bad people.

Mr. Fryer. I am a pawnbroker. I have known the prisoner only since October last; she brought these spoons to me at different times, in the name of Mary Smith in the Strand. The first she brought was on the 5th of October; I lent her 8 s. upon it; the next she brought on the 12th, the next the 16th, the next the 22d, the next the 24th, on which I lent her 7 s. for each.

The prisoner said nothing in her defence.

Guilty . T .

5, 6, 7. (M.) Dennis Shields , Caleb Rich , and Jane Fleming , spinster , were indicted, the two first, for that they, on the 18th of October , about the hour of 7 in the evening, in the dwelling-house of Thomas Symonds , did break and enter, and stealing three paste shoe buckles set in silver, value 30 s. five paste breast buckles set in silver, value 20 s. the property of the said Thomas, in his dwelling-house , and the other for receiving two paste shoe buckles, part of the said goods, knowing them to have been stolen , October 19 . *

Thomas Symonds . I am a jeweller , and live in the Strand . On the 18th of October, about 7 in the evening, I was in a little parlour behind my shop. The door between the parlour and shop was open; the shop door to the street was shut; the window-shutters were not up; I heard nothing of the window break, the coaches making such a noise. I went into the shop to serve a customer, and there saw the outside sash was broke; this was just after the shop window-shutters were shut up, by a porter that shuts up several of the neighbours windows; he had not observed the broken glass. I looked and missed three paste shoe buckles and eleven breast buckles.

Q. Are you sure that glass was whole that afternoon?

Symonds. I am sure it was whole when it was dark. A lad came to me the next morning, and told me he knew who broke my windows, and if I would go with him in the evening he would shew me the persons: so that lad, the constable, and I, went the next night where he had seen them about, and found Dennis Shields in the Strand by St. Clement's church; the constable searched him, and took a wire from him with a hook at the end of it, a proper instrument to hook things to them through the hole.

Thomas Wynn . I live in Shire-lane, Temple bar.

Q. How old are you?

Wynn. I am between 13 and 14 years of age. On the 18th of October, I had been out on an errand; I saw Shields and two others at this window; he was nibbling at the glass with something in his hand. I stood still a little time: he bid me go along, or he would half kill me; so I went on my way home. Hearing of this, I went and told the gentleman of it. I had seen Shields twice before. The others I never saw before to my knowledge.

Q. What errand had you been upon?

Wynn. I had been to a cobler for some shoes.

Q. Whereabouts is this shop?

Wynn. It is between the New Church and St. Clement's.

James Brown . I am between 14 and 15 years of age. I live with my father and mother in the Strand.

Q. How long have you known the prisoners?

Brown. I have known them about three quarters of a year. I have seen Dennis Shields at the play-houses lighting of links, and Rich used to be there every night with him. On the 18th of October at night, I was with them. I met Shields at the top of Fleet-market, about two o'clock that afternoon, along with another lad. We went down upon the keys in Thames-street, and staid till four in the afternoon; then we came to the Fleet-market again: there one of the boys broke a window, and a man took him and put him in Bridewell. Then we went to the Strand, and there met Rich about six o'clock. Then we went to the prosecutor's window. Shields broke it.

Q. Had you any intent upon that particular window before?

Brown. Shields told me about four that afternoon, he knew of a very good place where we might get some silver breast-buckles, and we told Rich of it when we met him. Shields broke a little bit of the window with a knife: then he pushed the glass in with his hand. He had a wire, with which he hooked out five breast-buckles. We went a little way. He gave Rich one: then Shields and I went back again, and got six more, and a pair of silver shoe-buckles and an odd one. Then we went to St. Giles's. I do not know where Rich went. Shields gave the buckles to a girl to put by for him all night. He broke the stones out of the odd shoe-buckle against a post that had iron upon it, and sold the silver for old silver to a silversmith near Leicester-fields for 1 s. He went to bed with that girl, and I went and lay on a bulk by Whitehall: and the next morning I went, as we had appointed, to him. He was in bed with the girl, in the Coal-yard, St. Giles's.

Q. What is the girl's name?

Brown. I do not know. She gave him the buckles again in the bag, which he had delivered them in to her: then we met an old cloaths woman in Drury-lane. We shewed her the buckles. She said she would give 6 s. for them. She went towards Justice Fielding's, and we did not chuse to follow her. Then we went into Eagle-court to Jane Fleming , and asked her if the would buy a pair of shoe-buckles. She said she did not care to buy them; she was afraid we stole them. No, said Shields, never mind that; they are not stolen: you shall have them for 5 s. so she gave 5 s. for them. She was a little in liquor. When I went to take some of them out of the window, Shields said, Stand away with your clumsy hands, you can do nothing. Shields desired a young woman that was with her to go and pawn some breast-buckles, and she pawned three breast-buckles for 7 s. and he gave me 3 s. 6 d. of the money. We bought some ham and bread with the other shilling which we had of the silver-smith. I did not see him afterwards till before Sir John Fielding .

Q. How came you to be taken up?

Brown. One Wilkins took me up, on suspicion of stealing 90 guineas and a suit of cloaths. He is now in Newgate for a robbery. He said if I would confess, he would let me go. Shields was taken the night after we got the buckles. I had been here and discharged that very day we took them. I was charged with stealing some silver spoons ~, but not tried.

~ The prosecutor not appear,ing he was discharged.

Prosecutor. I found the glass shoved in as the lad has said.

Edward Barnard . I am a constable. I took up Shields, whom they call Sweepey, in the Strand, the 19th of October, by the direction of Thomas Wynn . I searched him, and found a wire twisted up, a knife, and this bag, upon him (produced).

Brown. This bag I found by the Royal Exchange, and gave it to Shields. This is the same he put the buckles in, and this wire is what he used to hook things out of windows with.

Q. to prosecutor. Who took Fleming up?

Prosecutor. One Wilkins took up Brown, Rich, and she; but he is since confined in Newgate.

Robert Needham . I am a pawn-broker, and live in Russel-street, Covent-Garden. Jane Fleming pledged these buckles with me (producing a pair of paste shoe-buckles) on the 19th of October; I think in the forenoon about 11 o'clock. I lent her 9 s. upon them. She lives in Eagle-court, and is a girl of the town. I have known her two years or better.

Q. Could you think such buckles as these belonged to her?

Needham. There is hardly one in twenty of those sort of girls but what have such buckles.

Prosecutor. These are my buckles; they are worth 20 s.

Shields's defence.

I know nothing at all about it.

Rich's defence.

I never had any of the buckles, nor offered to take any, only one that Shields gave me.

Fleming's defence.

I was coming down Catherine-street. The boys met me. They asked me if I would buy a pair of buckles: they asked 5 s. for them, and I gave it them for them. I never saw them before nor after I bought them of Shields. I wanting a little money, went and pledged them for 9 s. I once lived servant with a stationer in the Strand, before I was a girl of the town.

Shields guilty of stealing only . T .

Rich and Fleming Acquitted .

8, 9. (M.) James Wilkins and Robert Scott were indicted, for that they, together with George Wooley , not taken, did make an assault on Ambrose Dennis , on the King's highway, putting him in corporal fear and danger of his life, and taking from his person a pair of silver shoe-buckles, value 6 s. one gold ring, value 20 s. one pocketbook, value 1 s. 8 guineas, 1 half guinea, and 3 s. in money numbered, his property , Nov. 25 . *

Ambrose Dennis . I live in Leather-lane. On the 25th of November I was coming on my mare from Hampstead, between five and six in the evening, between the end of Fig-lane and Tottenham-court turnpike . I stopt at the end of the lane to give my mare some water; then I rode gently along. I had got about half way up the lane, when Wilkins came from the left-hand side with a cutlass in his hand, and laid hold of my mare. He was on foot. He held his cutlass up. There were two other men with him. With a good many oaths, they said, Stop, stop; your money, your watch. They were on each side of me: they laid hold of my knees. I saw two cutlasses, and a large horse pistol: he with the pistol is not taken. Scott asked me for any watch: I said I had never a one. I pulled out my money: it was loose, between 9 and 10 l. there were eight guineas and a half, and the rest in silver. I said, There are near ten guineas. Scott weighed it in his hand, and put it in his pocket: he almost pulled my shirt out of my breeches, to see for a watch. I said, for God's sake, gentlemen, do not destroy me; I have no watch: then he pulled my glove off, and took my ring, a gold ring, with a cornelian stone: then he took one buckle out of my shoe, and spoke to Wilkins, who was on the other side, and said they were silver; then Wilkins took the other. Scott had got at one of my spurs: I said, they are only plated; then he did not take it. They went to take my knee-buckles; they could not get them out. Scott said, see whether he has got ever a pocket-book. Wilkins felt in my pocket; it lay pretty low: he took it out with both hands from my breast-pocket, and tore all the lining, and almost pulled me from my mare. Then he said, D - n him, let him go. There were a note for 20 l. another 8 guineas, another 6 l. made payable to me or order. Neither pocketbook nor notes have been seen since. They took my whip from me, and ran down the road towards Fig-lane. There was a little cart coming caused them to go so soon, I imagine. I have seen the two prisoners since at New-Prison and the Gatehouse. I know them both: I had seen their persons before. I had seen Wilkins about Covent-Garden with the chairmen. That night I went to Sir John Fielding , and got two of his men, and we rode two or three hours after them. We went up to Hampstead, but could not meet with them: this was on a Monday night, and the prisoners were taken on the Friday following. I went to see Wilkins in New-Prison, and said, You used me very ill; you might have robbed me without using me so ill. I saw Scott in the Gatehouse the Sunday following. I knew them, and observed they knew me directly. When before Sir John Fielding , Wilkins told me where he had pawned the ring. Scott would say but very little, without Sir John would give him his oath. Wilkins said he should be hanged, and owned to every thing, to the very pieces of money he had taken from me. He said in New-Prison, Master, I know I shall be cropt. He was bragging what money they had got, and how they spent it in Covent-Garden among the boys, as he called them. He said, Master, I was the first that ran up to you with the cutlass: I said, I know you was. He mentioned three or four people that were along with him, and told me he would help me to my pocket-book: he said there were 8 s. in silver, besides 8 guineas and a half. When I asked him for my pocket-book, he said, Master, if you'll serve me, I'll serve you: let me see you another time, and I will let you have your pocket-book; it is safe enough: he sent me to Mr. Monk's, in Russel-street, where I found my ring; this he did when I was at the Brown Bear. Sir John asked him what he had done with my whip; he said he had flung it over the hedge, near Marybone: he said the buckles were sold; and then he said they examined the book, and they said, D - n it, it should tell no tales, and then threw it and notes and all into the fire together. I mentioned the book to Scott in the Gatehouse, and he owned it was burnt, and notes with it; and he owned to the pieces of money, just as Wilkins had done, and that he took one buckle out of my shoe, and my ring off (the ring produced and deposed to).

Edward Timperall . I bought a pair of silver shoe-buckles of Wilkins.

Q. What are you?

Timperall. I am a silver-smith, and live in Russel-court. I think I bought them on the Tuesday night after the robbery. I heard him own that he sold them to me, before Sir John, and mentioned the pieces of money I gave him for them, which were a five and-threepenny-piece, 1 s. and 3 d. in halfpence; that was at the rate of 5 s. an ounce (the buckles produced and deposed to).

Rich. Church. On the 25th or 26th of Novemb. between 7 and nine in the evening, I had occasion to come through Catherine-court; there I saw Wilkins dressed in a sailor's jacket and trousers, he asked several people to go into an alehouse, and said he would treat them; after that he came out, and went away; and in less than a quarter of an hour he came back again, dressed in a blue surtout coat, with a hanger by his side: he drew it out, and flourished it about in the court 3 or 4 times. He talked to several people, but what he said I do not know. After seeing some advertisements about this robbery, I gave information of this to Sir John, and went in quest of him with some of Sir John's people; and on the Friday morning we apprehended him in a court that turns out of Cross-lane up into Holbourn. He seemed at first as if he knew nothing of the matter: at last he was in tears and said he would own every thing, when we came to take him to New-Prison: then he desired us to send for Mr. Dennis. He said, going along, he knew he was a dying man; and when he came into this court, he would plead guilty. We had apprehended some suspicious people, and one of them said he knew something of Scott; so we went and took him (this was before we took Wilkins): we took him in Catherine-court, up two or three pair of stairs: he informed us where Wilkins lodged: Scott mentioned him, George Wooley a painter, and one Bryan an anchor-smith: he said they brought him into it; he told partly where we might find them, but we apprehended Wilkins first: by that time the others got scent of us, and were gone. I searched Scott, and found a steel watch-chain and seal upon him (produced in court). || Scott said but little about this robbery, but that Wilkins had the things.

|| The chain and seal were owned by Mr. Lines, who had another indictment against them for a highway robbery.

William Haliburton . I was along with the last witness at the apprehending the two prisoners. Scott told us where to find Wilkins and the rest: he said he was shot by one of his own gang in the knee: he was lame: we took him in a chair: we found Wilkins, but the other two got away. Scott desired to be admitted evidence. We found some powder and slugs in Wilkins's pocket: I asked him where the pistols were: he said George Wooley had them; go to such a place, and you'll find him: we went, but he was gone. I heard him say several times he was a dead man, and he hoped Sir John would give him a good book or two, and desired me to go over from the Brown Bear for a book.

Wilkins's defence.

The two last evidences are bad men, one goes to bawdy houses to take up girls; and the other is one of Sir John's thief-takers, that does this for the reward. I belong to the seas, I always did my duty in the East and West-Indies, at Belleisle, and other places. I inlisted as an East-India soldier to go there, and met with Robert Scott ; he swore he would inlist along with me, which he did: we went up to Catherine-street, I had got plenty of money; we went in backwards into the Globe, then he asked me to go and take a walk. I asked him where he was going, he said he would go and take his leave of his father; Wooley was with us, he saw a gentleman coming, he said we will cross out of the road, for this is dirty; he jumped up to the horse and clapt a pistol to the man's breast, and swore he would blow our brains out if we did not stand along with him. The gentleman rode off, I stood trembling. Wooley met another gentleman after that, and desired him to stand immediately: he came up to me and said, You rascal, if you do not lay hold of this, I will blow your brains out. There I stood shaking, fearing my life. What he took from the man, I know no more than the child unborn. When we came back, he said, Here go and sell those buckles, and when you come back I will treat you with a pot out of it; I went and sold them for 6 s. and 6 d. and gave Wooley the money: he was to have come to me the next morning, but instead of that, these gentlemen came and took me. I am as innocent as the child unborn.

Scott's defence.

Wooley got me in when I was fuddled, and because I would not go along with him, he shot me through the knee with a horse-pistol; Wilkins and he had like to have shot me.

To Scott's character.

John Shaw . I have employed his father 24 years, the prisoner has been best part of his time at sea, I never knew him to do any thing of this sort before.

Joseph Wade . I have known him from his youth, he was an unlucky boy, but I never knew of any theft by him.

William Treeketchin . I have known the family ten years, I never heard any thing amiss of him till this affair; he has fallen into very bad company.

George Ainsworth . I have known him about two or three years, I believe him to be a very honest man.

John Nickolls . Scott was my apprentice; he behaved himself very faithful during that time, I never heard any thing ill of him before this.

Q. How long has he been out of his time?

Nickolls. About three years.

John Ives . I have known him 20 years, I never knew he was guilty of any misdemeanor, he was a little wild.

Both Guilty . Death .

There was another indictment against them.

10. (L.) John Temple was indicted for stealing six pounds weight of soap, value 2 s. 9 d. the property of Anderton Cole , November 13 . ++

Anderton Cole . I keep on oil and colour shop at the corner of Mark-lane, Tower-street . I employed the prisoner to grind colours for me at times. He came on the 13th of November, between 7 and 8 o'clock, before I was up; the maid called me up, and said John Temple had stole some soap. I came and found the prisoner in the shop; my man told me the prisoner asked him if he wanted any saw-dust, as he was sweeping the shop, he told him he might fetch some if he would; and when he came up, he looked a little bulky; my man asked him if he had not got something: he said he had not; my man looked under his apron, and saw something bulge out in his pocket, and took out one of these pieces of soap; and while he was going to take the other piece out, he threw the rest down the stairs, which he took up: this was told me in the presence of the prisoner. I asked him how he came to take this soap, he said he never stole any before, and begged I would not hurt him, and he would never do so any more. I sent for a constable, and took him before the alderman, before whom he confest he took one piece to wash his hands with, but had not meddled with the other piece.

Roberts the servant that took the soap out of the prisoner's pocket, confirmed the prosecutor's evidence.

Prisoner's defence.

I took but one piece to wash my hands with, as to the rest I know nothing of it.

Guilty . T .

11. (L.) Jane Jones, widow , otherwise Jane Brooks , was indicted for stealing a pewter quart mug, value 14 d. the property of Abraham Marlow , October 30 . ++

Abraham Marlow . I live at the White Horse in Little Britain , a public house. The prisoner came into my house on the 30th of October, for a halfpennyworth of aniseed, or gin. She took this quart mug, and put it under her cloak; as she was going out, I stopped her, and said what have you got there. She said nothing, I turned aside her cloake, and sawit under her arm, (produced in court, ) here is my mark upon it.

Prisoner's defence.

I thought to get a little small beer, so I took it to take it home in.

Guilty 10 d. W .

12. (L.) Andrew Ballow was indicted for stealing an iron grate, for a brass stove, value 3 s. the property of persons unknown , November 19 . ++

Thomas Parker . On the 19th of last month, between the hours of 6 and 7 in the evening, we were washing our engine; a man came and told us, a man had stole a grate from the ruins of the fire at Cornhill. I and Richard Cobley went after him, and took him on the other side St. Hellen's in Bishopsgate-street; it was the prisoner at the bar: we bid him take it back to the place where he had it, in order to find out the proper owner; he said he was very willing to do that; he threw it down with intention to throw it on my legs, but missed me: he ran away, and I took him again about the Four Swans, or Green Dragon. I brought him to the engine, he was taken before my Lord-Mayor; and the grate was believed to be the property of Mr. Margeram, a tin-man. My Lord-Mayor asked him what he had to say for himself, after he was charged with stealing the grate; he said he had nothing to say.

Richard Cobley confirmed the account that Parker had given.

Mr. Fountain. I am a constable, in my going backwards and forwards, I saw this, or such a grate as this, (produced in court,) lying in Mr. Margeram's ruins; and I missed it the day this was taken away. I think this is the same.

Prisoner's defence.

I worked upon the ruins, I found the stove in the middle of the street, I picked it up, and as I went along, the people followed me. It was at a distance from the ruins. They stopt me, and bid me bring it back to the same place, which I was going to do; and 2 or 3 men came up and told me they would hang me, so I threw it down in order to make my escape.

Q. Is any body here that saw the prisoner take it from the ruins?

Parker. The man that informed me of the prisoner having it, went away, and I have not seen him since.

Acquitted .

(13.) (L.) Catherine, wife of Nathaniel Wilks , otherwise Catherine Bolton , spinster, was indicted for stealing, in company with Nathaniel Wilks ; 100 yards of flowered gauze, value 12 l. 200 yards of striped gauze, 20 yards of plain gauze, 48 gauze handkerchiefs, 6 yards of Scotch lawn, 50 linen handkerchiefs, 30 gauze caps, 50 yards of thread lace, 5 yards of silk ribbon, 5 yards of silk lace, one duffil cloth cardinal, 36 pound weight of butter, and two pieces of serge ; the property of Charles Beal , October 5 . ++

Elizabeth Beal . I am wife to Charles Beal ; we live in Newgate-market, but keep a milliner's shop in the Fleet-market . I left that shop safe on the 4th of October at night, and on the 5th, between 6 and 7 o'clock in the morning I found it broke open in the back part of it; there were a great quantity of goods taken away; all that are mentioned in the indictment. On the Wednesday following Mr. Bruin, a pawn-broker on Snow-hill, sent for me; I went and found the prisoner and two pieces of gauze, but cannot take upon me to sware to them; but recollecting a woman had made some things for me of that gauze, we sent for her, she knew it to be my gauze. The prisoner said she bought the gauze in Rag-fair; we took her before the sitting Alderman, he gave me a warrant to search her house. We found a housewife upon the table, with some of my lace, and two pieces of ribbon, which were my property, also several lappets made of gauze, and several remnants of lace which I can swear to. In a box we found one cap, under the bed another; in the pocket of a blue coat we found some pieces of lace. Under the dresser one plain gauze flowered bordered handkerchief, one gauze laced mob, one queen's mob, one queen's round cap, and about 5 yards of blue ribbon, 5 yards of black edging was found in the room, and the trimmings of my red cardinal, which I can swear to. (The goods produced in court, and deposed to by the prosecutrix.) Mr. Kennet was at the finding the rest. I asked her whose coat that was, in which the piece of lace was, she said it was the man's she lived with. I asked her if it was her husband's, she said no, that she sometimes lived with him, and sometime swent away. There is the mark of a woman's foot on a piece of board, that lay just under the window, where she came into the shop. (Produced in court with a dirty print of a woman's foot upon it. Inspected by the Jury.)

Mr. Kennet. On the 9th of October in the evening, I was sent for to Mr. Bruin's, he described the woman that had brought the gauze. I said I knew her, and mentioned where she lived; I sent for her, (it was the prisoner.) She said she bought the gauze in Rag-fair; I took her in custody on suspicion of being concerned in this robbery. The next day we took her before Sir John Cartwright , he granted a search-warrant. I went to the house where she lived, and found part of the things; a poor woman came down and said, O sir, I have found the rest of the things, there was a place broke in the garret, up into a cockloft, a hole was broke through, and it had a communication with the next house; then the woman handed the things through a hole out of a room even with the floor I was in. The things she handed through were a sack of butter, and 2 pieces of blue serge, a red cloak, a small piece of cheque, a great number of caps, a large quantity of other gauze, a little box with caps and ribbons. I took them home, and carried the woman at the bar next day to be examined; there was a man appeared in her behalf, and wanted it to be made up, his name was Wilks, he is a kind of a carpenter, and now he is turned quack-doctor, and was going to open a shop in Chick-lane. I have heard nothing of him since.

Mr. Bruin. I am a pawn-broker on Snow-hill. On the 5th of October Sir John Fielding sent a warning to acquaint me a shop had been broke open in Fleet-market, and lawns and things taken out. The prisoner that goes by the name of Catherine Bolton , brought a piece of gauze, about enough for an apron and handkerchief; she told me she bought it at a linen-draper's in Cheapside: I said it was very particular for a linen-draper to sell gauze, she said she bought some linen with it. I sent for Mrs. Beal, she said she could not swear to it, but said it was the same pattern; she sent for a woman, that if it was her gauze would know it. I bid the prisoner fetch her husband, she walked out very orderly. The person came and said it was Mrs. Beal's property; after that a warrant was got from Sir John Cartwright , and searched the prisoner's apartment, and some of the things were found. I have known the prisoner a year and a half, she is a woman of the town; she has not lived long with that man.

Anne Hunsdon . I make gauze caps for the shops. I made eight for Mrs. Beal of this piece of gauze found upon the prisoner. (She produced one of them, it matched for quality and colour.)

Mrs. Beal. The lace that was found in the housewife, in a coat pocket, was my property; the housewife is not.

Prisoner. The housewife is mine.

Prisoner's defence.

My husband came home late at night, I chid him for staying out so late. He said he had been at his sister's, and had brought something for me; then I was reconciled: he produced several things. I asked him where he got them, he said of his sister. The next morning when he was sober, he said he bought them in Rag-fair; he went out the next day, and I wanted a little money. I went to the pawn-broker with this housewife and handkerchief. If I had known them to have been stolen, I would not have carried them there.

She called Jane Dimson , Hannah Bentley , Catherine Kingcart , and Catherine Tharrol , who gave her a good character.

Guilty . T .

14. Anne Tovey , spinster , was indicted for stealing two silk handkerchiefs, value 5 s. a sattin cloak, value 5 s. a 36 s. piece of gold, a moidore, and two guineas , the property of Anne Vigers , and Margaret Johnson , widow , November 13 . to which she pleaded guilty . T .

15. (M.) Anne Clifford , spinster , was indicted for stealing a silk handkerchief, value 6 s. and six linen handkerchiefs, value 2 s. the property of William Sawyer , October 9 . *

Hannah Sawyer . I am wife to the prosecutor; we keep a little shop in Chandler-street, Grosvenor square : on the 22d of October, before 8 in the morning, I was lying in bed, my daughter who is aged about 18, was up alone. (She is lame and cannot well come.) She called to me and said, a woman had been below in our kitchen, and had taken something. I put on part of my things, and ran out; the prisoner began to run, I called stop thief, she was stopped at the bottom of the street, and was brought back with the things mentioned in the indictment. She gave me one handkerchief out of her hand; she owned she was guilty, and hoped I would be favourable to her.

Prisoner's defence.

I know nothing of the things.

Guilty 10 d. T .

16. (M.) William Smithson was indicted for stealing a fustian frock, value 20 s. one fustian waistcoat, value 10 s. one scarlet cloth waistcoat, value 20 s. the property of Edward Martin , October 18 . *

Edward Martin . I am a servant to Sir Charles Asgill ; I came to town with Sir Charles on the 15th of October, we staid in town about a month. An account was brought on Sunday the 20th from Richmond , that our stable there was broke open, and he thought my cloaths were gone from the room above. I went that night and found the things mentioned were missing; I had secured every thing, and had the key in my pocket. Sir Charles sent me to Sir John Fielding on the Monday to get it advertised, and some hand bills; the next day I had an account brought that some of my things were found in Monmouth-street: I went, and there saw my thickset waistcoat. (Produced and deposed to.) The prisoner has worked on and off in Sir Charles's gardens these four years; his father-in-law, Mr. Staples, is Sir Charles's head gardener . The prisoner used to lie in the house with another man that worked in the gardens. When I was in Monmouth-street, the man described the person he bought the things of; then I suspected it to be the prisoner. I asked him to come to Richmond: he came: Sir Charles directed me to take him and another man that was with him, and tell the gardener I had got two friends to see the hot-house; we went into the garden. The prisoner came with the key of the hot-house, one of the men looked in his face, and said, Young man I have some knowledge of your face, I think I have seen you lately in London? The prisoner said no, you have not; the other said pray was not you in Monmouth-street such a day? first he said no, then the other said he was there on the Monday last, and he bought a thickset frock and waistcoat of him. Upon his being charged with the things, he said he did not take them out of the room, but found them withoutside the gate, on some dung against a tree.

Thomas Jowlan . I am a salesman in White-lion-street, Seven Dials. On the 21st of October the prisoner came to my master's shop, with those cloaths mentioned; he said they were too big for him. I bought the frock and waistcoat for 24 s. he said he lived with Mr. Rose, a carpenter in Piccadilly. The next day I received a bill from Sir John Fielding , giving an account of the things; then I sent and found Mr. Rose had no such person lived there. The rest as the former evidence.

Prosecutor. I found the scarlet waistcoat pledged to John Fuller at Brentford. (Produced and deposed to.)

John Fuller . This waistcoat was brought to me on the 17th of October, in the name of William James ; he said he brought it for one John Clark of Richmond: I cannot say that the prisoner is the man.

Prisoner's defence.

I had them cloaths of John Smith that worked in the gardens, on the Wednesday morning before I was taken. I asked him how he came by them, he said his master that he worked with before he did for Sir Charles, owed him 5 or 6 l. and could not pay him, and he let him have those cloaths in part of pay; and on the Thursday morning I hurt my shoulder, and was not able to work for a week: he said as I could not work, he should be obliged to me if I would go and get half a guinea on the scarlet waistcoat. I carried it, the man said that is not your waistcoat, I said no, but it was a friend's of mine; he lent me a crown on it. The Monday following he desired me to go and sell the frock and waistcoat; I went and offered them to several places at Fulham, then I went to Monmouth-street, and sold them for 24 s.

He called James Cox , Daniel Phillips , John Mercer , Joseph Stevens , George Field , and John Wood , who gave him a good character.

Acquitted .

17. (M.) Thomas Goad was indicted for stealing one pair of linen sheets, value 4 s. one copper tea-kettle, value 1 s. and one looking-glass with a wooden frame, value 6 d. the property of Henry Carlton ; the same being in a ready-furnished lodging, let by contract , &c. November 23 . ++

Henry Carlton . I live in Caroline-court, Saffron-hill ; the prisoner took a lodging ready furnished of me on the 19th of November: he had a wife with him. On the 23d he and his wife went out, they locked the door, the bolt went by the side of the staple, a lodger of mine went in, and saw something missing: they came home, and paid me for a week, then I missed the sheets and one blanket; the wife owned they had made use of some of my things. I desired them to let me know where my things were. The Justice gave them three days to produce them, on the Tuesday following, the tea-kettle, looking-glass, and sheets were brought by somebody, and I would not take them in.

Q. As the Justice gave you three days, why did you not receive them?

Carlton. I was afraid, fearing I should not do right: there was a man came afterwards, and desired me to make it up, and he would see the things forthcoming, if I would take his word for it: they lived in my house just a fortnight.

Prisoner's defence.

I know nothing of the things, nor where they were pawned, nor when.

Guilty, 10 d. T .

18. (M.) James Aldridge was indicted, for that he on the 16th of October , about the hour of three in the morning, the dwelling house of Thomas Whitehead and John Macky , did break and enter, with intent the goods feloniously to steal , &c. *

Thomas Whitehead . I am partner with John Macky ; we live in Hog-lane , and keep a tallow-chandler's shop . On the 16th of October, about three in the morning, I happened to be awake; I thought I heard some rumbling noise: I lay still a while and heard it again, I came down gently, and saw a light in the cellar through the crevices. I called the watch, and took care to keep the window close to keep them in; the light was then put out: I found somebody striving to make their escape. The watchmen came and took the prisoner out of the cellar to the watch house. (He produced a dark lanthorn, and an iron wrenching tool;) these were found upon him, he begged to be let go.

Q. What goods were in the cellar?

Whitehead. There were candles and tallow, I cannot say any thing besides; the hatch was removed.

Q. How was the window fastened?

Whitehead. There was a bolt in the inside, and a wooden slipper on the other, and two nails to keep the bolt from going back; they were bent: there were the marks of the wrenching tool in several places. I am certain when I went to bed the window was fast.

John Carlisle . I am a watchman; I and my partner Larimer were called, we found the cellar window about half a yard open: we took the prisoner out of the cellar, and found part of this dark lanthorn in his pocket, and in the watch-house we found the other part of it in his great-coat pocket; we found the wrench upon him: we asked him what business he had in the cellar, he hummed and hawed: we could get nothing out of him.

Larimer, the other watchman, gave the same testimony.

Prisoner's defence.

Going along, I had got pretty much in liquor. I fell over the cellar door, and let the lanthorn fall. I do not know how I came by the lanthorn.

The prosecutor and watchmen were asked, and they said he was quite sober.

Guilty . Death .

19, 20. (M.) Margaret Murphy and Martha Eyles , spinster s, were indicted for stealing a silver watch, value 4 l. the property of Nicholas Jefferys , December 3 . *

Nicholas Jefferys . Last Tuesday was a week, I was just come out of Suffolk to enter upon my service, to be porter to Lord Orweil. I had been drinking pretty freely with my acquaintance: I happened to meet with the two prisoners in Whitechapel, between the hours of 10 and 11 at night: they gave me an invitation to go home with them: I went with them to their house in Montague-street : after I had been there a little time, the candle was put out, and I had my watch taken out of my fob: I did not feel it taken, but I know I had it in my fob when I went in; I had looked at it just before I met them: they had left me in the dark: when they came in again, I challenged them with it: they said I had no watch when I went in: they insisted on being paid for the use of the room: I told them I had no silver: I gave Murphy half a guinea to change; she went out, and staid some time: I went out to see if she was coming, and then I was shut out: then I went to the constable of the night, and he and two or three men came and searched, and found the watch upon Eyles; (produced and deposed to) I told the maker's name before I saw it.

Q. Did she say you had given it her?

Jefferys. No, she did not; she pretended to know nothing of the matter about her having it. She said she had no such thing in her pocket before it was found. (The constable deposed to the finding the watch on Eyles, and confirmed the account he gave.)

Murphy's defence.

The young man gave me money to fetch some liquor: I went and fetched a quartern of rum: they desired me to stop at the door: I did, about a quarter of an hour; and when I came in he said he missed his watch, but did not know whether he had lost it in the house, or where.

Prosecutor. I did say so, in order to get away; for they said, if I would not pay for the use of the room, they would fetch somebody that should make me.

Eyles's defence.

This gentleman gave me 3 s. and we went on the bed together: after that he sat down and drank a dram: he said he had lost his watch, but did not know whether it was there or in the street: after that I went to make the bed, and found the watch upon the bed: I put it in my pocket, in order to give it him if he came for it.

Murphy, Acquitted .

Eyles, Guilty . T .

21. (M.) William Whittall was indicted for stealing two silver table spoons, value 12 s. the property of the Right Hon. Gertrude Lady Kerry , and one cloth waistcoat, value 3 s. the property of James Pigg , September 23 . *

James Pigg . I am servant to Lady Kerry: about nine weeks ago there was an old silver spoon missing that was in my care: the prisoner's wife lived in the house, and he came to see her sometimes: about a month after I missed another, both with a crest on them: about the same time I missed a grey waistcoat of my own. I asked the prisoner if he knew any thing of my waistcoat; he said he took it one night when he came from Richmond to my Lady's very wet, and he had put it into his box and had lost the key. On the 28th of November I missed one of my shirts out of the pantry, between the hours of 12 and 1 in the day: I went and enquired after him: he lodged near my Lady's house in the Meuse. I met him in the Strand: I said, Now pray Mr. Whittall, give me my waistcoat, I want it; he said it was in his box; I went with him: he took the key and opened the box, and said the waistcoat is not here, that he had taken it home for me: I asked him who saw him bring it home, he said they all saw him: the next morning I told my Lady what had happened: she said she expected me to pay for the spoons; then I went and got a warrant, and took him up: he was asked by the Justice in what manner he lived; he said his wife supported him: the Justice said, It was a scandal to the breeches to be supported by a wife for three years together: he was taken to the Round-house till the Monday: I went and got an hundred hand-bills printed: I had not been gone above an hour before I found two spoons at Mr. Fleming's, a pawn-broker at the corner of Crane-court (produced and deposed to). As we were carrying him to prison, he owned my waistcoat was at the same place, where I went and found it (produced and deposed to). He told me of the shirt, and I found it accordingly: he owned he took and pledged them.

- Fleming, junior. I am apprentice to my father: on the 2d of this instant, Mr. Pigg came and brought a hand-bill, and mentioned the tablespoons and a waistcoat: I went and found the spoons; they were brought by the prisoner: I have known him two or three years.

The prisoner said nothing in his defence.

Guilty . T .

22. (M.) William Clean , otherwise Clare , was indicted for stealing a blue cloth coat, with silver buttons on it, value 30 s. and one saddle, value 5 s. the property of Edmund Crosland , in the stable of the said Edmund , November 9 . *

Edmund Crosland . I live in Silver-street, Bloomsbury , and keep hackney coaches . On the 9th of November last, I lost the things mentioned in the indictment: there were ten plate buttons on the coat; the prisoner was recommended to me to help me, and was with me the time I lost the things: I let him lie in the stable: he was taken up upon another affair; and in St. Giles's Round-house he told me he had taken the buttons off the coat, and sold the coat for 7 s. 6 d. and the buttons for 7 s. and he had sold the saddle to a stage-coachman for 5 s. in Holborn (the coat and buttons produced and deposed to): I found these by his direction.

Mary Hemings . The prisoner brought the coat on a Sunday morning into my room; and a man who is now dead in Newgate, named Coley Simpson , took and cut the buttons off.

Prisoner. I leave it to the mercy of the court.

Guilty, 4 s. 10 d. T .

There was another Indictment against him.

23. (M.) John Evans , otherwise Harris , was indicted for stealing a woollen cloath coat, value 8 s. another cloth coat, value 15 s. a cloth waistcoat, value 5 s. a linen waistcoat, value 2 s. a pair of worsted breeches, value 7 s. a linen handkerchief, value 1 s. and a hat, value 5 s. the property of William Jones , Oct. 24 . *

William Jones . I am a taylor , and live in White-horse-yard, Drury-lane : the prisoner come to lodge in the house where I lodge, as a single man: on the 18th of October he lay with me: I got up, and left him in bed the next morning. I never had seen him before: when I came back, the woman of the house asked me if I had been doing any thing with my box: I went up, and saw it was broke open in my bedchamber, and the things laid in the indictment taken away, ( mentioning them by name) I had the things advertistised on the Monday, and on the Tuesday he was taken, with my coat, waistcoat, and breeches on; the rest of the things were found at the pawnbroker's.

Mr. Clay, the chief constable, deposed he saw the coat, waistcoat, and breeches mentioned, taken from off the prisoner; and Mr. Sawyer, a pawn-broker, deposed he lent the prisoner 26 s. on the rest, the 19th of October.

The prisoner in his defence said he was a taylor also, and the prosecutor delivered the cloaths to him to alter, as they were too big for him, which the prosecutor denied to be true.

Guilty . T .

There was another Indictment against him.

24. (M.) Timothy Drew , otherwise Drake , was indicted for stealing a copper coffee pot, value 18 d. the property of William Johnson , November 30 . *

Anne Johnson . My husband's name is William: we live at the Swan and Two Necks in Tothill-street : the prisoner came to our house on the 23d of last month, and desired a bed for a night: he said he had lodgings at Newington, but was benighted, and could not get home: I let him lie there; I looked upon him to be an old decayed gentleman: after that, he said he had a little business to transact, and desired to stay a few days: he came in the name of Drake, but we found his name was Drew: he staid till Thursday night, and on the Friday my maid missed a copper coffee-pot. I, hearing the prisoner had sold some things to Mr. Herring, a broker, went there and found my coffee-pot.

Mr. Herring. I live in the Broad-way: I am a brazier and broker; on the 29th of November I bought this coffee-pot of the prisoner (produced and deposed to).

The prisoner in his defence showed a good deal of insanity.

Acquitted .

25. (M.) John Smith was indicted for stealing two pair of boots, value 20 s. and three pair of mens shoes, value 8 s. the property of Daniel Bell , November 16 . *

William Saunders . I live with Mr. Daniel Bell , a coal-merchant at Stamford-hill : the boots and shoes mentioned in the indictment, were lost out of a little closet in the stable, about five weeks ago; one pair of boots were found upon the prisoner, but I do not think he stole them: I do not think it possible for him to get in at the hole that was broke. I never saw him before he was taken.

Acquitted .

26. (M.) Richard Godwin was indicted for stealing a pair of silk and worsted stockings, value 1 s. two pair of worsted stockings, value 2 s. and one pair of silk mitts, value 1 s. the property of Moses Johnson , November 26 . +

Moses Johnson . I am a hosier , and live in Oxford-road . On the 26th of November, about 6 at night, the prisoner came into my shop, and said he came from 'Squire Allen in Wigmore-street; that the house keeper sent him for some stockings: there were two customers in the shop: I was serving them, and in the mean time he turned about and was going out: I said, I'll go with you directly: he said he was only going to make water at the door; I'll come in again: he did not come in again, and in about three or four minutes I sent my maid to see for him; he was gone: in two days after he came in again with two constables; one of the constables asked me if I had lost any thing; I said, Not as I knew of: I looked at the boy, and knowing him again, said, I believed I had. The boy said, Sir, you have lost three pair of stockings, and a pair of silk mitts, which I stole myself: I went by the constable's desire with them to Justice Welch: the boy would fain have been admitted evidence, but could not, having committed all himself.

Mr. Christian. The prisoner brought these three pair of stockings and mitts to me, and wanted me to buy them: I stopped him, and carried him and them before Justice Welch (produced and deposed to.)

Guilty . T.

27. (M.) William Brown was indicted for stealing three cloth coats, value 8 s. and two pair of leather boots, the property of James Hillier ; one cloth coat, value 2 s. one thickset waistcoat, and one cloth jacket , the property of Thomas Green , November 2 . *

James Hillier . I and Thomas Green live with Mr. Charles Scott of Richmond ; the things mentioned were taken from our stable there about six weeks ago: one John Cullen , on old cloths-man, sent me a letter about a fortnight after they were lost: I came to him: he had stopt two of the coats and the two pair of boots; there I saw them; I never saw the prisoner before.

John Cullen . A person offered me those things to sell: I suspected he did not come honestly by them, so I stopt him and them: there was a letter in one of the pockets, by which means I found out the prosecutor: I think the prisoner is that man, but I cannot be certain: he looks like him.

Prisoner's defence.

I never was that way in my life.

Acquitted .

28. (M.) Elizabeth, wife of John Edwards , otherwise Elizabeth Francis , spinster , was indicted for stealing one linen and stuff quilt, value 4 s. and two linen sheets, value 4 s. the property of William Wood , in a certain lodging-room lett by contract , &c. Nov. 1 . *

Acquitted .

29. (M.) Henry M'Neal was indicted for stealing two linen shirts, value 10 s. and one linen apron, value 2 d. the property of Stephen Bragg ; and one linen apron, value 2 d. the property of Mary Ring , widow , Nov. 6 . *

Stephen Bragg . I keep the Fleece at Edmonton , a public house . On the 6th of November, between 6 and 7 at night, the prisoner, his wife, and another woman, call'd at my house, and desired to stay all night: they said they were going with goods to Hertford fair: they had a horse: they supped, and went to bed betwixt 8 and 9: the maid was ironing: she carried up the linen into a one pair of stairs, after they were gone to bed: they laid in the room above: he made an excuse to come down again for a quart of water, about half an hour after he was gone to bed; he took the water up with him: about 10 o'clock I was call'd up by my wife and maid: they missed the things mentioned in the indictment, from the room they had been put in: I went up to the prisoner's room-door: it was locked: I insisted upon going in: after some time he opened the door: I began to search about, and told him I thought he had things that were not his own: he said he had not; we took up his coat, and in his pocket found the two aprons, one my wife's, the other her mother's: from underneath him we pulled out one of my shirts, from between the feather-bed and the bedstead. I seeing the window open, sent the ostler down to look under it; he went down, and brought up the other shirt, and said he found it under the window: I sent for a constable, and he took the prisoner in charge, and has had the things in his possession ever since (produced in court).

The prosecutor deposed to the shirts, and his servant, Sarah Rud , to the two aprons, as being the property of the prosecutor's wife and her mother.

The other woman was in another bed in the same room: his wife was in bed with him.

Sarah Rud deposed to her carrying the linen up into the room below the prisoner; and leaving the door upon the latch, and missing it, and finding them again, as the prosecutor had related, and that she mistrusted it, by finding some water spilt in that room.

The prisoner in his defence said, The maid had put the aprons in his pocket out of spite, and done it all, because he huffed her for finding fault with his goods before he went to bed.

Guilty . T .

30. (M.) William Spence was indicted for stealing two pair of mens pumps, value 4 s. the property of Stephen Murrel , November 5 . ++

Stephen Murrel . I am a broker and carpenter . About the 5th of November last I had been out, and when I came home I missed two pair of pumps which I had put out at the door for sale. About a fortnight after came a man from Bridewell, and asked me if I had lost two pair of pumps. I went according to his direction to Justice Welch, there I saw the prisoner: he said I should have them again: he ordered two journey men bakers to go and get the pumps from pawn, that lay one pair in the name of Edward Man , and the other in the name of Lightfoot. They came back to the Justice, and told the prisoner the pawn-broker would not deliver them to them, they not being the persons that brought them; but if the Justice would send an order, they would send them. An order was sent, and one of the pawn-brokers came with one pair; they were marked to be sold S S, my mark. I do believe them to be mine. The answer they brought from the other pawn-broker was, there were no shoes pawned in such a name: then I went to the pawn-broker, and asked if he had a pair pawned in the name of Edward Man , then they produced them, marked the same. I believe them to be mine. The prisoner was not the man that pledged them: the prisoner confessed at the Justice's that he took them, or was concerned in taking them. The two pawn-brokers deposed, they took the pumps in of one Edward Man , who did not appear.

Prisoner's defence.

I was in company when they were taken, but I did not take them, neither did I pledge them.

Acquitted .

31. (M.) Elizabeth Brown , otherwise Hilman , spinster , was indicted for stealing two pair of leather breeches, a woman's silk hat, and two cheque aprons, the property of William Hart , November 14 . ++

William Hart . I am a coachman . The prisoner came to my wife on the 20th of October, to nurse her: my wife was brought to bed the day after. On the 14th of November my wife missed a gown, a hat, and two coloured aprons; she asked the prisoner what she had done with them; she said she had pawned them; she was very sorry for what she had done, and believed she was bewitched. I said, if you will go with me, I'll go and take them out, and you shall hear no more of it. I went to the pawn-broker, and took as many things out as came to 7 s. 8 d. she said they were all. I sent her home with them. I staid a little with the pawnbroker. When I came home, she was absconded. After that I missed my prayer book. I met the woman that recommended her, and she together: she ran away, I ran and brought her to my house; then I went to the pawn broker, and said I insisted he should bring her to justice: then he said he had two pair of breeches, my prayer book, a gown, a napkin, and two coloured aprons. I took her before Justice Wright, there she said she was very sorry for what she had done.

William White . I am apprentice to Mr. Hance, in Wardour-street, by Soho-square, (he produced a pair of buckskin breeches.)

Q. Where are the other?

White. At our house. I took these in of the prisoner the 14th of November; she said she lived in St. Anne's court.

Prisoner's defence.

There were five children. I pawned several things for his wife, and delivered the money to his wife.

Q. to prosecutor. Did you ever leave your wife so destitute, so as to be obliged to pawn her things?

Prosecutor. Only once: she sent out a gown for 4 s. on the 21st of October, and she pawned it for 5 s. The prisoner never mentioned any thing of this sort before the Justice.

Guilty . T .

32. (M.) Charles Johnson was indicted for stealing two silver table spoons, value 10 s. a silver tea spoon, value 6 d. a china cup, a china saucer, and a damask napkin , the property of Henry Marten , November 20 . *

Lazarus Mordecai . I sell oranges and lemons. Last Wednesday was a fortnight I was in Mount-street, Grosvenor-square: I met the prisoner; he wanted to sell me two silver spoons, I said I would not buy them: he said they were not marked, I might buy them. There was Moses Manuell by, I bid him take them in his hand; he did; then I told the prisoner he should not have them again, without he would go into somebody's house with me, and bring the owner of them: we went a little way; he catched hold of the spoons and bent them (produced in court.) I sent Moses for a constable: the prisoner went into a public house, and threw the spoons into the yard, where they were found; then we secured him; he at first said a fellow servant had given them to him. We took him before a Justice, he said they belonged to his mistress, that he said was Kitty Fisher ; that he took them in the kitchen.

Moses Manuell . I am an old cloathsman: I met the prisoner; he asked me to buy these two spoons; I said I did not buy such; he said, get me somebody to buy them. I not being strong enough to secure him, went to this Mordecai, and gave him an account of what the prisoner had said; then he went to the prisoner: (the rest as Mordecai had said before.)

Anne Fisher . I am Mrs. Martin's mother. The prisoner owned he took these things from her. I cannot swear to the two table spoons; we lost such: the tea spoon and other things I know very well to be her property. My daughter's husband is gone to sea; his name is Henry.

John Lewis . I am a beadle of St. George's parish; I was sent for to take the prisoner in custody: he and the things were delivered to my charge; he acknowledged he had taken these spoons to pay his passage to his mother (he was a black) he said shelived in the plantations abroad.

Robert Sherrard . I took up these table spoons in the yard where the prisoner had thrown them.

The prisoner said nothing in his defence.

Guilty . T .

33. Patrick Matthews was indicted for stealing a cloth surtout coat, value 15 s. the property of William Griffith . The prosecutor was called and did not appear, his recognizance was ordered to be estreated.

Acquitted .

34. (M.) John Pritchard , Nathaniel Hughes , and Mary, wife of Nicholas English , were indicted, the two first, for that they, on the 16th of November , about the hour of 4 in the night, in the dwelling-house of Charles White , did break and enter, and stealing 5 silver tea spoons, value 10 s. one silver tea strainer, value 6 d. one pair of tea tongs, value 6 d. one pair of stockings, value 3 s. one pewter tea pot, value 4 d. and 50 s. in money, numbered, the property of the said Charles, in his dwelling-house ; and the other for receiving the 5 tea spoons, strainer, and tongs, part of the said goods, well knowing them to have been stolen . ++

Charles White . I am a victualler , in George-street, Bethnal green . On the 16th of November I made all fast before I went to bed. I was called up on the 17th a little before 7, and told my cellar window was broke open; I came down and found the bolt and staple were wrenched off; I found the tap-room door between that and the cellar broke open also; I found the tea chest removed from the dresser to the counter, where I serve my liquor, open, and the 5 spoons, strainer and tongs were taken out. My daughter looked round and missed several pair of stockings; I missed halfpence and farthings to the amount, I believe, of 3 or 4 l. but I can safely say there were 50 s. worth missing. I found two burners in the cellar which they had taken from some lamps. I advertised the things on the 18th, and the same evening Mr. Clark came to my house, and asked me what I had lost; I told him, and that the spoons were marked C, R, W. Said he I have got four of the spoons, and had not an opportunity of reading the paper in the morning as usual, so had not stopped the person that brought them, but should know the person if he saw her, and that he had been after her but could not find her, she not living at the place she had told him: he took her on the 20th, and brought her to me; it was the prisoner English. I asked her several questions; she answered me but few: I said tell me how I may come at these persons that have used me in this manner. At last she said he will come about noon to her house. Mr. Clark, Mr. Chapman the headborough, and I, waited the opportunity, and the prisoner, Pritchard, came much about that time; but I having English in my care, I was not at the taking him: he and Hughes were both brought together to me at the Black Horse in George-street, near my house. I asked them several questions; Pritchard told me he was in my house. I desired him to tell me where my tongs and strainer were; he said he could not tell, but Mary English could: I said to her, why do not you let me know where my things are: said she, I do not know; Pritchard said to her, you do know, and with some persuasions she confessed she had carried and sold them to Mr. Barlow, in Whitechapel, where I found them. Hughes acknowledged he was in my house with Pritchard, but did not know where the things were sold; before the Justice, he asked them if they were in the house, Pritchard said yes. There Hughes said the same. They were examined how they got in; they said they got in at the cellar window, and afterwards broke the door, and got up into the tap-room.

Q. Was any thing said how they forced the staple?

White. I cannot say there was. The Justice examined Mary English , to know whether she was in with them; she said she was not, and said when she took them, she did not know that they were dishonestly come by; she said, Pritchard brought them to her under an excuse, that they belonged to a mate of a ship, who wanted to make a little money, and he desired her to take and pledge them. The pewter tea pot and two pair of stockings were found at Pritchard's mother's lodgings, (where he also lodges) by my daughter. Pritchard owned before the justice, he had 25 shillings worth of my halfpence (the two tin burners produced in court.)

Anne White , the daughter, confirmed the evidence of her father.

Charles Clark . I am a pawnbroker, and live in George-yard, Whitechapel. On the 18th of November, in the forenoon, Mary English came and pledged four silver tea spoons with me, and said they were her own property, to pay her rent and taxes, and that she lived at the corner of Fashion-street. A little after I read the Advertiser, and I found by the description, they were stolen. I went in search of her, and found she had given me a wrong account. I went the same night to the prosecutor. We found the place of her residence. Next morning I went up into her room and took her; she denied knowing any thing of the robbery; she said Pritchard gave them her, and said they were honestly come by; that she said, why here is C for Charles, and W for White upon them. I asked her if she knew Mrs. White's christian name, she said Rachel; I said, then you must know that they are Mrs. White's spoons; she said the could not read. I asked her how she came to know the C and W; she said she knew them two letters; then I took her to Mr. White, then she described Pritchard, and said that he was to come to her house about 12; we thought proper to watch till he came. He sent for an officer to assist; he staid with Mary English , the officer and I went two different ways to her house, and he brought the two men at the bar to me, and we carried them to Mr. White. Pritchard declared he gave Mary English the spoons, and challenged her with knowing where she had made away with the tongs and strainer; she denied it, but before she went out of the house confessed it. We went before the Justice. Pritchard there confessed he had been in the house; and after that, Hughes owned he was there. Mary English confessed at the same time, that she had sold the tongs and strainer to Mr. Barlow.

Henry Barlow . I am a goldsmith, and live in Aldgate High-street. I bought these tongs and strainer (producing them) of the prisoner, English, for 9 s. 6 d. on the 18th of October; she said they were her own, and that she had given 10 s. for the tongs ( deposed to by prosecutor.)

Pritchard's defence.

I was going along to my lodgings about 4 in the morning, and Hughes was going to Woolwich, to see if he could get a ship. We saw two men spring out of this house, and heard things fall; we picked them up, and put them into our pockets.

Hughes's defence the same.

English's defence.

Pritchard came up stairs, and asked me if I could pawn these things; he said they were very honestly come by from on board a ship; that they belonged to a mate that wanted money.

Pritchard and Hughes guilty of stealing only . T .

English guilty . T. 14 .

35. (M.) John Briggs , otherwise Ablet , and John Treviss , were indicted for stealing four silk and cotten handkerchiefs, value 10 s. one yard and a half of lawn, value 4 d. the property of James Lamb , privately in the shop of the said James , November 13 . +

Mrs. Lamb. I am wife to the prosecutor. We keep a haberdasher's shop in Drury-lane . The two prisoners came in the shop on the 13th of November, about six in the evening. Briggs wanted a pair of stockings; I shewed him some. Nothing would do. I went to reach down some black ribb'd; he said there was somebody at the door: he opened the door: the goods mentioned in the indictment were just at the door. Treviss was standing just without the door. I saw him hand out the handkerchiefs and lawn mentioned in the indictment, to the other, who ran away with them. I shut Briggs in, and called my husband down stairs, who kept him while I went for a constable. I went to Sir John Fielding 's, and brought two officers, who took him in charge; then he said the other man was gone to Bennet's-court, and if we were not quick he would sell the things. As they were carrying Briggs from my house to Sir John Fielding 's, Treviss came up to them. They secured him. I am very certain Treviss is the man that received them, I saw his face through the glass very distinctly. Briggs asked Treviss, what he had done with the handkerchiefs and lawn. Treviss's answer was, he had lumped them. We never found our goods again.

James Lamb . I am the prosecutor. As we were carrying Briggs along, Treviss came and looked him in the face. Mr. Street secured him. When we were got in at Sir John's, Briggs winked to me to come high, to hear what Treviss said; then he asked him what he had done with the goods; Treviss answered he had lumped them. I desired Sir John to ask him the meaning of lumping; Briggs said, lumping was pawning.

Mr. Street. I was at a public house, near Sir John's. Mrs. Lamb came in, and said she had got a thief in her shop. I went with her. I knew Briggs. I said, what have you been at; he said it was one Blinkey, going along to Sir John Fielding 's: the other prisoner came to us; then we took them both together to Sir John's. I heard Treviss say to Briggs in the street, that he had lumped them. The prisoners in their defence both said, they knew nothing of the things.

Both Guilty 4 s. 10 d. T .

36. (M.) Esther Coleman , spinster , was indicted for stealing 13 guineas in money, numbered, the property of James Hay , privately from the person of the said James , November 16 . +

James Hay . I keep a shop in Old Gravel-lane, in the grocery way, and serve country gentlemen with linen goods. I came from Carshalton on the 16th of November; it was about 9 o'clock at night when I got to Westminster-bridge. I came all through the city to Tower-hill, to the Victualing-office coffee-house. I staid there, I believe, two hours or better: I was both tired and a dry. After I went away I found myself a little in liquor. I was quite sober when I came there, but I was not any thing incapable. As I was going down Nightingale-lane with a bit of a torch in my hand, I saw a good deal of company in a public house; I went in and called for something to drink; they were all strangers to me. I believe I staid rather too long. One of them said to me, you seem to be a little in liquor, and I am so too; we had both better leave our watches with the landlord, which we both did. After I had got out of doors, I returned, and asked the landlord to give me my watch again. I thought I should not be that way for some time. Then I went out of the door to go home, as it was very late. The prisoner at the bar came and clasped me round the neck; I dare say I was not six yards from the door, and swore she would give me a kiss; she had got my head backwards. There were several people, men and women, pushing me about; she put her hand into my pocket, and took out the money; there were 15 guineas in my pocket, and I found only two guineas and a 5 s. 3 d. left. I cried out, hold her, I am robbed. I never let go of her; she took 13 guineas out of my pocket, and some silver. I never parted with her, though I was pinched to such a degree, that my arms were black and blue; and I had been several times on my knees, yet I kept hold of her, and delivered her into the hands of the officer.

Stephen Neades . I was constable of the night; going my round at one o'clock, about 100 yards distance, I heard a person cry, I have been robb'd. When I came up I found the prosecutor and prisoner struggling together. The prisoner was trying to get away; at first the man said he had been robb'd, but did not mention the sum; he charged the prisoner; and she charged him. I took them both to the watch-house, and there he charged her with having robb'd him of 13 guineas. She was searched, and only half a guinea found upon her; she said she had not the money herself, but she knew who had; and that if she thought she should have been taken, it should not have been he and another such that should have taken her.

Prisoner's defence.

They say so many false things against me I do not know what to say. When he gave the constable charge of me, he said I had taken 100 l. and a gold watch; then he said 300 l. and then 2, till the gentlemen at the victualling-office came and advised with him; then he said he had lost 13 guineas. He was in company with a woman in the public house: after the woman was gone, he got tossing up. The landlady said she would appear in my behalf, but she would not come for fear of losing her licence.

Q. to prosecutor. Did you see the prisoner in the public house?

Prosecutor. No, I did not.

For the prisoner.

James Sullivan . I went to the watch-house the next morning. I know the prisoner by sight. The prosecutor came there, and said he did not want to hurt her, if she would tell of the woman that had the money. I lent her half a guinea the very morning of the robbery, in order to get a gown and things out of pawn, to prevent her having the anger of her parents. It was a crooked half guinea.

Q. Where did you get that half guinea?

Sullivan. I worked for it, and had it of some customer.

Q. Where do you live?

Sullivan. I live in Nightingale-lane, East Smithfield. I lived five months facing the Red Lion.

Q. Can you recollect where you had this half guinea?

Sullivan. I had been very ill, and my brother lent me a guinea, and I lent this woman half a guinea of it.

Q. Are you a housekeeper?

Sullivan. I am,

Q. What business are you of?

Sullivan. I am a shoemaker.

Noades. He is no housekeeper, he is only a lodger; he said he was a weaver before the Justices.

Malt Magnum, Diana Desse , and William Wilson appeared to their character.

Guilty of stealing, but not privately . T .

See Sullivan an evidence against Thomas Brown in last September Paper, 2d part.

37. (M.) Thomas Reynolds , was indicted, for that he, together with Richard Smith , not yet taken, did make an assault on John Eaton , Gent. on the King's highway, putting him in corporal fear and danger of his life, and violently taking from his person one watch, with inside case metal, and outside shagreen, value 40 s. one steel watch chain, and stone seal set in gold, value 20 s. one pair of silver shoe buckles, one pair of silver knee buckles, one silk handkerchief, one inkhorn, one penknife, and one knife to pare nails with, his property , November 2 . *

John Eaton . On the 2d of last month I was going from Brentford to my own house at Ealing . Near my house I was met with by three footpads, about 6 in the evening: they all attacked me; I was on foot. Armstrong, that is evidence, held a pistol to my breast, and struck me with it, and threatened to shoot me; I can't say I was the least affrighted; I would give them nothing. They seized and took my watch, and things mentioned, with about 25 shillings in money (mentioning the things by name). They took papers which they sent me again. There were two ladies with me; one of the men left me, and went and robbed them.

Q. Can you recollect any of the men?

Eaton. I cannot recollect the prisoner. It was dark; but by the star light I could see the evidence's face very well. The others took care not to shew their faces. Sir John Fielding sent me word to attend at his office last Monday night: there I heard the accomplice Armstrong gave an account of the robbery, and who was with him in it. I there saw my silk handkerchief, the knife to pare nails with, and watch. I could be certain to the watch and knife, but the mark was taken out of the handkerchief. The prisoner was there; he acknowledged the cutting out my breeches pocket, and that he was one in the robbery.

John Armstrong . The prisoner made earth for the brickmakers, I worked in the brick fields with him. I became acquainted with him the latter end of August; we went out all three together, from Reynolds's house in Labour-in-vain alley.

Q. What time did you set out?

Armstrong. I think we set out in the afternoon. Smith and I went together to Reynolds's house; from thence we proceeded to Brentford. We generally appointed what place to go to.

Q. Was you sober?

Armstrong. We always kept ourselves sober. I had a pistol, Smith bought it; I believe I carried it all the way. Reynolds and Smith had each a stick. The pistol was loaded. We turned up a lane, and crossed two fields and over some stiles. We overtook the gentleman and two ladies; and after we passed them we turned down a lane; we saw a house, we were at a stand whether we should attack the gentleman or not. We all turned back; and I believe I was the first person that laid hold of the gentleman, and Smith I believe was the next. The ladies flew back, and Smith left me and Reynolds, and went to them. The gentleman asked me if I was in a joke: I said I was in earnest, and took his watch from out of his right hand; then I searched his right hand pocket and took his money; Reynolds was taking money out of his other pocket, and he took and cut the pocket out. To the best of my knowledge Reynolds, took the buckles out of his shoes and knees. Smith took the ladies money, in two purses, and both their buckles. I took one sleeve button out of one of the ladies sleeves. I took this handkerchief from Mr. Eaton; and Reynolds took some papers from him, and the knives. After this we ran away. There are some posts. Reynolds staid behind some time; he said Mr. Eaton shook hands with him: he in coming after us did not observe the post; he ran against one and knocked himself down. We crossed the water by Kewgreen, and so came home, to the best of my remembrance.

Q. This is so lately you must remember these circumstances?

Armstrong. We have had so many of these things, that I cannot remember them to distinguish one from the other. I gave my two associates a shilling for this handkerchief; the watch was sold to a gentleman at Charing-cross; I saw Smith sell it: I was about near the door. This knife here produced was found in Reynolds's pocket when taken; the other knife Smith has. The shoe buckles were sold, but I do not know by whom, nor where. The papers were returned by a letter which Smith wrote. I went and surrendered myself last Monday to Sir John Fielding voluntarily; after which I went with three men, and we took Reynolds. I was afraid he would shoot me, by what I could understand by his wife, or go and inform himself; so I thought my life was as dear to me as his was to him. I do not know where to find Smith.

William Halliburton . Last Monday morning Armstrong came to Sir John Fielding , and resigned himself up. Mr. Marsden, I, and another, went with him to Great George-street; the accomplice told us he was to meet Reynolds there, and that the best way would be to send for him to a public house, and not to go to his house, as he had fire arms loaded; so he sent the waiter at the King's-Head for Reynolds; he came, and we seized him, and took this knife out of his pocket, (producing one.)

Prosecutor. That knife I am sure I was robbed of; I went to his lodgings, and found this pistol and a hanger, and another pair of pistols.

Prisoner's defence.

What Armstrong swears is very true: two of those pistols were Armstrong's, and the hanger was Armstrong's: I intended on Sunday night to leave off the business, and to sell the things on Monday afternoon. Smith brought us both into it.

Guilty Death .

38. (M.) Jane Trueman , spinster , was indicted, for that she on James Hazlegrove , in a certain court, near the King's highway, did make an assault, putting him in corporal fear and danger of his life, and taking from his person four guineas and an half, the money of the said James, against his will , October 18 . ++

James Hazlegrove . I am a coachman , and drive a lady who lives in Cavendish-square. Sometimes I used to lie at my place, and sometimes at home with my wife, near Holborn-bridge. On the 18th of October, at 11 at night, I was coming down Holborn, I met with the prisoner and another woman. They both laid hold on my arm; she asked me how I did, calling me fellow servant. She enticed me into Phoenix-court , and said she knew me. Then she asked me what I would give her, I said, if that is all you have to say, I have done with you. There was a door to the court; she put to the door. While I was struggling to get out, I felt her hand at my breeches pocket. I had four guineas and a half in that pocket, which she took out; I struggled to get it from her. She held her hand up, and the other woman stood at the door, and as it was half open she gave the money to the other; I heard it chink. The other ran away. The prisoner beat and abused me, and swore she would stick me if I offered to say any thing. She held me till the other was out of sight; then she let me go out of the court. Then I called for help, and a gentleman came and we took her to the watchouse, and before Justice Welch the next day, and she was committed.

Thomas Barton . I was going up Holborn; I heard the prosecutor cry out he was robbed of four guineas and a half. I said make no words, charge the watch with her. He had hold of the prisoner; she snapped her finger's at me and defied me. We charged the watch with her.

Prisoner's defence.

That there good man met me as I was going along, and said where are you going? I said what is that to you. He called me up the passage, and as I have a soul to be saved, he was going to lay me down against my will, and daubed this very gown I have on my back. When he could not have his will, he said you have robbed me: I said then come over the way to the watchman. I was searched, and had but a halfpenny in my pocket.

Guilty of stealing only . T .

See her committed for perjury in favour of Boswell, who robbed and almost murdered a foreigner near Devonshire-square, No 73, in Mr. Alderman Bethell's mayoralty.

39. (L.) Thomas Anderton was indicted for stealing a silk handkerchief, value 1 s. 6 d. the property of William Cooke , Nov. 18 . ++

William Cooke . On Monday the 18th of November I was in Leadenhall-street , a little distance from where the fire was. I perceived a man's hand in my pocket; I turned immediately, and saw no person near me but the prisoner: I charged him with having taken my handkerchief upon missing it; he immediately threw it to me, and I catched it in my hands.

Q. Did you see where he took it from?

Cooke. I think he took it from his bosom. He ran away, I called out stop thief; a man tripped up his heels; he was never out of my sight till taken. I got a constable and charged him; he was taken to the Compter, and next day before the sitting Alderman at Guildhall. I there produced the handkerchief: he there said he took it off the ground. It appeared clean; and had it been on the ground it must have been very dirty at that time. (Produced and deposed to.)

Prisoner's defence.

I picked up the handkerchief. A man passed by me, I did not know him; he went up by the market. The gentleman turned about, and asked me if it was his handkerchief: I said if it was, he might have it. I gave it him, and he gave charge of me directly. If it had been a handkerchief of gold, I should never have attempted to steal it.

Guilty T .

40. (L.) William Powell was indicted for stealing a man's hat, value 1 s. 6 d. the property of William Rogers , October 28 . ++

William Rogers . I am a baker , and live in Cow-lane . On the 28th of October, between 10 and 11 o'clock, I was shutting up my shop; they are swinging shutters. As I was going to take the bar, up came a man and took my hat off and ran away with it. I and two men pursued and took him. He wanted to go through the George-inn-yard on Snow-hill, and the gate was shut, so he ran down to the Fox and Knot; there being no way through he came back, and we laid hold of him (it was the prisoner), and took him to the Compter. I observed he was a tall man in soldier's cloaths (such was the prisoner); he never was out of my sight, only at going under the gateway.

James Mills . I took a candle and went to the pond in Fox and Knot-yard; there I found the prosecutor's hat swimming, with the brims uppermost.

Question to prosecutor. Did you see a hat in the prisoner's hand when he was running?

Prosecutor. No, I did not.

Prisoner's defence.

I had been into the Fox and Knot-yard to ease myself; coming out again these men laid hold of me, and charged me with taking a hat. I said I knew nothing of it; I was very ready to go with them any where. I was quartered in Tyburn-road, and was going home as fast as I could.

Acquitted .

41. (L.) James Smith was indicted for stealing 20 pounds weight of sugar, value 5 s. the property of persons unknown , November 18 . ++

Mr. Austin. I am a gangsman: on the 18th of November, between the hours of 2 and 3, I called who would work. The prisoner was standing on the quays; he ran towards me with other people; most of them wore tickets. I said, the tickets would work before the others. About 15 minutes after I saw him in our half story; he stooped and picked up something; he had his trowsers under his arm. I said, what have you got here? I felt and found sugar in them. I took him to the Cock and Anchor to the rest of our people, and examined his trowsers, and found about twenty pounds of sugar in them (produced in court). Then he said he took it from a hogshead: I found the head of it was broke in.

Prisoner's defence.

The sugar that was taken from me, was given to me by a ship-mate.

Guilty T .

42. (M.) Thomas Atkins was indicted for stealing a silver shirt buckle set with diamonds, value 10 l. and a gold ring with an emerald set with diamonds , the property of John Edwards , November 10 . ++

Mrs. Edwards. I am wife to the prosecutor, we live in Long-acre . The prisoner was servant to us near 5 months, since the beginning of June last On the 10th of November he absconded; we did not suspect he had wronged us till the 13th; then Mr. Davidson, a pawn broker, brought the buckle to our house, and asked us if we had lost such a thing. I know it; it was set with some diamonds which I had. He said it was brought to him by one Thomas Atkins , that had been our servant.

Mr. Davidson. I am a pawn-broker, and live by London-wall; the lad at the bar was brought up in our ward school: I knew he could not come honestly by the buckle, which he brought to my house the 5th of November to be valued. I was not at home, but my young man stopped it, and gave me an account that the prisoner brought it. On the Wednesday morning the prisoner came again, and said to me, as he did not offer it to pledge or sell, I had no right to stop it. I said, tell me how you came by it; I know you must have stole it, as he had told my young man that a jeweller had offered him 15 s. for it. He said a young woman gave it him upon her death-bed in Holborn. I said that would not do for me: where do you live? He said he lived at 'Squire Grant's in Long-acre. I desired his mother would come to satisfy me it was his own: he said she could not come till Sunday. She not coming, I advertised it on the Thursday. I sent, and could find no such person as 'Squire Grant in Long-acre. On the Wednesday in the afternoon the prisoner came with a gentleman, which I suppose was sent by one Lewis an attorney, to make a legal demand of it. I did not deliver it; and on the Wednesday following a shabby sort of a fellow brought a writ, and served me with it, in the name of Thomas Atkins . I asked the man where this attorney lived; he said in New Ormand-street; that his name was Lewis: I went to him, he told me that Atkins was recommended to him by one Yates, clerk to a register-office, near Temple-bar. Lewis went there with me; Yates said it is the young gentleman's own buckle. Said Lewis, if you do not give him 7 or 8 guineas for the buckle, the writ is returnable on the Friday; said Yates, I can prove it to be the young man's own property: said I, do you know where he lives; he said he lived at the land fish-carriage-office in Long-acre, and that the young gentleman should not make it up; you have used him very ill. I went to Long-acre, and found Mr. Edwards; I asked if such a person lived with him; he said he went away on the Sunday, and he did not know where he was; then I shewed him that buckle; he said it was his buckle. We then went to Yates, who showed Mr. Edwards the diamond ring. Mr. Edwards said that was his property: Yates said he had lent the prisoner a guinea on it. We took the prisoner, and charged a constable with him, and brought him to the Compter.

James Yates . I am servant to Mr. Harris, that keeps a lottery-office by St. Dunstan's Church; the prisoner came to our office one evening, in the beginning of November, and said he was going to the play, and asked me to take care of this ring; he said he had wore it 4 or 5 days, he was afraid of losing it; so I took it and put it on my finger, he said it was his own mother's ring before she married; then he said he should be obliged to me, if I would lend him a guinea: I said, you will not spend a guinea to night; said he, let me have a crown; so I did, he went to the play as I imagined; I gave Mr. Lewis a guinea by his order, on account of an action that he was going to bring against one Lovet, for collaring of him; he never left the ring with me as a pledge: this guinea was some time before he left the ring with me.

Q. How came you to be so very officious in this affair?

Yates. The boy came to me, and said he had been at London-wall to Mr. Davidson's, a pawnbroker, and said he had stopt a buckle that he had used to wear in his shirt; and that this he had done, because he owed the boy a spite when he was an apprentice. I said, did you offer to pawn it; he said no; but he had been there before to redeem a watch, and he only went then to ask the value of the buckle. The boy said the buckle was given him by a young woman (a cousin) that lived in Holborn, and that she was a milliner, and lived in credit; but he said, he could not prove by any body that she gave it him. I said, do you go to Mr. Davidson's, and I will tell him it is your property, and he will deliver it up.

Q. Pray how long have you known the prisoner?

Yates. I have known him eleven months, he always behaved with a good character.

Court. You cannot be justified in giving yourself these airs with Mr. Davidson. (The buckle and ring produced.)

Q. to Mrs. Edwards. Look at these things, do you know them?

Mrs. Edwards. I am certain the buckle and ring are mine.

Q. Where had you used to keep them?

Mrs. Edwards. I used to keep them in a small cabinet, that stands in my dining-room; there was no lock broke: I cannot tell which way the prisoner got at them. I suppose I might inadvertently have left the key in the door.

Prisoner's defence.

I was cleaning the plate on the slab, these things lay behind the knife-case, in a little shagreen-case; I took it up, and saw what was in it: I did not think it was of any consequence. I put the buckle in my bosom, and went flashing among people that were smartish drest; after that I went to Mr. Yates: a young fellow there laid a wager it was not worth 3 s. and to decide the wager I went to Mr. Davidson, to know the value of it. I asked what it was worth, and said I had laid a wager about it. He stopped it, and said it was a diamond buckle; I went to Mr. Yates, and told him it was stopped; Mr. Yates said, if you will take an action out against Mr. Davidson, I will help you to a lawyer, and I will sware I saw the buckle given to you. One day I was disguised in liquor; Mr. Yates said if I would stay, he would take me to a house where I should lay all night; and I was going to the play with a young man: I asked him to take care of the ring, I did not ask him to lend me any money upon it; he lent me 4 s. I told him at the same time, I would not part with the ring upon any account.

Guilty T .

43. (L.) George Robertson was indicted for stealing 14 pounds weight of sugar, value 3 s. 6 d. the property of persons unknown , November 6 . *

Acquitted .

44, 45. (M.) Isaac Barnfield and Jenkin Howard , were indicted for stealing two yards of blue baize, value 2 s. and one hair brush, value 1 d. the property of John Jukes , November 8 . *

Dorothy Jukes . My husband's name is John: we keep a public house in Shoreditch : the two prisoners came to my house about the beginning of November, and asked for work: they said they were hungry: I bought a spade of them for 18 d. they pulled out a crust, and I gave them some cheese. Barnfield went down into the yard, where I had hung out a piece of blue baize. When they were gone, Mr. Simonds and Mr. Lyon came, and asked me if I had not lost my ironing cloth. I looked, and missed the baize. I went with him to Mr. Simonds's house; there were the two prisoners. Barnfield owned he took it, and said he did it to make him an apron. Mr. Lyon searched his pocket, and my brush was found in it (produced and deposed to.) I had not missed the brush.

William Simonds . The two prisoners were coming by my house; I live about 5 or 600 yards from Mr. Jukes's house. They stood still a little while. I saw Barnfield have a piece of blue cloth under his arm. Mrs. Oakley came, and said she had lost a shirt; then I with assistance went and took them, and they owned to the taking the things; the cloth and brush were found in Barnfield's pocket.

William Simonds , junior. I saw the prisoners come from the place where they had put the shirt, by which means that was found.

Stephen Lyon . I am headborough. I had the prisoners in charge; they had been at my house three hours or better. When they saw me, Barnfield fell on his knees, and begged I would let him go; he owned he stole the cloth.

Barnfield Guilty .

Howard Acquitted .

M. They were a second time indicted for stealing a linen shirt , the property of James Oakley , November 8 . *

Sarah Oakley , wife to James, deposed the shirt found to be her property; that it was taken from off a hedge, where she had hung it at her house at Hooe's farm, in the parish of Edmonton (produced in Court.)

William Simonds , junior, deposed he saw Howard hide the shirt in a hedge, where it was found.

William Simonds , senior, deposed Howard owned he had side it, and that Barnfield was with him.

Both Guilty . T .

46. (M.) Mary Pyner , spinster , was indicted for stealing a moidore, a 6 s. and 9 penny piece, 14 guineas, 1 half guinea, 3 quarter guineas, 5 s. in money, numbered; and 2 stone ear-rings, set in gold, value 5 s. the property of Edward Gibbons , in the dwelling-house of the said Edward , November 29 . +

Edward Gibbons I keep the Bell at Paddington , a public house ; the prisoner lived servant with me: I think she came on the 7th of October. In the room where I lie, I had a little box covered with leather, which I used to put my money in; I had 17 guineas and some silver, and 2 gold ear-rings with stones in them in it.

Q. Describe what pieces of money as near as you can?

Gibbons. There was a moidore, a 6 s. and 9 d. 3 quarter guineas, and some silver, a few shillings, I cannot tell how much, and 14 guineas and a half.

Q. When had you seen the money last?

Gibbons. I had seen it, I believe, about an hour before I lost it, which was on the 29th of November: I missed it between 4 and 5 in the afternoon. I had put in two guineas about an hour before. I had a little cow-house in my yard, with a truss of hay in it; it was set on fire; we all in the house went out to it to put it out; my wife bolted the fore-door, she sent the prisoner in at the back door, and when we all went into the house we found the fore-door unbolted, and open; then we went all up stairs, and the box was gone.

Q. What distance of time between your going out to put out the fire, and your coming in again?

Gibbons. I believe it might be 6 or 8 minutes.

Q. Where was the girl when you returned?

Gibbons. She was in the house when the box was missing; we asked her if she saw any body; she said she was knocked down by a soldier and another man, who both stepped over her in the house; then we went all out to see who we could see, some one way, and some another.

Q. Can you tell whether the girl at the bar ever saw you open the box?

Gibbons. I cannot say she ever did, I believe she knew we had money in it. It was kept on a little mahogany table, I never saw the box since.

Q. Was the prisoner in the house all that evening?

Gibbons. She was out some time, but not after she told us a soldier knocked her down.

Q. Did you suspect her?

Gibbons. No, I had no suspicion of her taking it.

Q. How came she to be taken up?

Gibbons. Because she owned it herself.

Q. When did she own it?

Gibbons. On Tuesday I believe in last week; she was in my service then, but I did not hear her. I was gone to London. But here is a witness here that did, and after that I heard her own it before Justice Welch.

Q. When was she taken up?

Gibbons. She was taken up this day week. At first she said her mother was guilty of it, and we had the mother in St. Giles's Round-house. She said her mother came to her and asked her, If she knew where her master kept his money; she having no money, and she must help her to some: that the girl answered, How can I do it? And the mother said, You must set some part of your master's house on fire; and if you will not do it I will kill you, or set somebody else to do it; and upon that the stable was set on fire the first time; (my place was three times set on fire, on the 22d, the 27th, and 29th of November) the hay was set on fire in the rick the two first times; the last was a truss of hay on the ground. After this she said it was her sister; and all the reason she gave was, that her sister and mother were so much alike, she could not tell which it was: then after that she owned she had taken the box away and hid it, and broke it to pieces, and lighted the fire with it.

Q. Did she own to the taking the money?

Gibbons. I do not remember she owned any thing of that; the money was found upon her last Friday, and then she was taken before Justice Welch. I did not see it found, but I saw it counted before Mr. Welch.

Edward Holdway . I am a constable of Paddington. On the 29th of November the prosecutor came to my house, and said he had been robbed, and his stables had been set on fire; that he had lost a box with 16 or 17 pounds, or guineas, and desired I would assist him. I went with him; he desired me to go up stairs: the beds I found strangely tumbled about. He said the box was taken from off the table. The prisoner said, People came down stairs, and a man in soldiers cloaths had knocked her down with a candle and lanthorn in his hand, and a box under the other. I looked her in the face, and said, Are you hurt? She said, No. Mr. Gibbons said, he had some suspicion of a soldier that was quartered in his house about nine months. I said I knew the man very well, and know where he keeps company not far off, and perhaps we shall find him. I went and found the girl he keeps company with, and the people could prove the girl was never out of the way of the door; the people gave leave to search the house. I went home, not having found out any thing; the next morning the prosecutor desired I would come to his house: I went, and found he, and his wife, and the girl at breakfast. I observed the girl did not care to look me in my face. We went and got a warrant, in order to take the soldier up. When we came to the barracks, we enquired for the captain, named Smith. We were told we could not see him till 4 in the afternoon; we waited. When he came, we told him the affair. It being St. Andrew's day, and the soldier being a Scotchman, we thought he might be a merry-making. The captain said we might have him the next morning. We went the next morning and took the soldier, and put him in the watch-house; after that there were people that proved the fellow never was out of their company, so he was acquitted. Then I desired Mr. Gibbons to go home and try his maid: he said he had no suspicion of her. On the Wednesday the prosecutor's wife sent for me; I went. She said she had heard of the money. I found the girl crying in the room. I put the people out of the room, and asked the girl what was become of the money. Said she, I'll tell you the truth. A day or two before the first time the fire was (which was on the 22d of November), my mother came to me, and asked me where my master puts his money. I asked for what reason. She said, money she wanted, and money she would have; that her sister lay-in in St. Andrew's work-house. She said she could not help her to any; that the old woman said, you must set fire to something, and I'll go up stairs and fetch the money down. Then she said her mother came, and asked her who set fire to the stables on the 27th; she said she could not tell, she saw nobody. She said her mother came to the house with a candle and lanthorn, and set fire to it on the 22d. I asked who set fire to it on the 29th. She said her mother: that she saw her go through the passage and take the box away. I asked how she knew; her mother took the box away. She said she went up stairs, and shewed her mother the room where the box was, and after that she stood in the passage and saw her bring the box down stairs, and carry it into the stable and hide it, and set fire to the place, and then went away. I asked her what became of the box; she said her mother came the next morning, between 11 and 12 o'clock, and fetched it away; and she went down into the stable along with her, and saw her take it under her cloak: then I took her to Mr. Welch's, the clerk examined her, she seemed to say all this, and signed her examination there.

*** The Last Part of these Proceedings will be published in a few Days.

THE WHOLE PROCEEDINGS ON THE KING's COMMISSIONS of the PEACE, OYER and TERMINER, and GOAL DELIVERY FOR THE CITY of LONDON; And also the GOAL DELIVERY FOR THE COUNTY of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 11th, Thursday the 12th, Friday the 13th, Saturday the 14th, and Monday the 16th of DECEMBER, 1765.

In the Sixth Year of His MAJESTY's Reign. Being the First SESSIONS in the MAYORALTY of THE RIGHT HONOURABLE GEORGE NELSON , Esq; LORD-MAYOR of the CITY of LONDON.

NUMBER I. PART II.

LONDON,

Printed for J. WILKIE, at the Bible, in St. Paul's Church-Yard.

[Price Six-Pence.]

THE WHOLE PROCEEDINGS ON THE

King's Commissions of the Peace, Oyer and Terminer, and Goal Delivery held for the City of LONDON, &c.

Continuation of the Trial of Mary Pyner .

Prosecutor. I SAW her sign it before Justice Welch.

Holdway. This was not an examination taken before the Justice; it was only before the clerk. Then we got a warrant, and went to the workhouse where the sister lay-in: we found she had been gone out three weeks. Then we heard where the mother lodged in Gray's inn-lane: we went there, and found she had been gone from thence two months. Then we went to the Black Horse in Gray's-inn-lane; there they recommended us to another place: then we heard the mother lodged at the Cock and Crown in Little Britain. While we were asking about this in Gray's-inn-lane, in came the mother: the people said that was she; we took her into custody. We had left the prosecutor and girl together hard by: when we brought them together, the girl upbraided the mother with all I have said: we searched the mother, but could find nothing upon her. I took them both to the round-house, and ordered them to be kept asunder, and nobody to come near them. The next morning I went again to enquire the mother's character about Little Britain; but before I set out, I ordered a woman to search the girl: she was searched, and nothing was found upon her. I searched the bed and under the bed: then I went to the Cock and Crown to ask about the mother: the woman of the house could recollect the mother was out about the 22d, but was sure she was not out on the 27th. I asked if she could recollect she was out on the 29th. The man of the house, and one John Lemon , both said they were sure the mother was there, and not out that day. I asked if she was out on the Saturday in the afternoon: they said no. Then I desired them to come up and be examined, that the old woman might be cleared: they did. Then I went to the girl, and said you are a sad girl; I am afraid you are going to hurt your mother: here are her master and mistress coming, and they will prove you a story teller. Then I took her by herself; she began to cry, and said she would tell the truth. Then she said, indeed it was my sister that came in the room of my mother: she said my mother could not come, and I lighted my sister up stairs, and she took the box and carried it into the stable, and put it into a grain-hole, and covered it over with old rags. I asked her who came for the box: she said my sister. I said, are you sure of it: she said, I am. Now, said I, you'll send me on such another errand: then I went and got another warrant, and went after the sister to one Jenkins's in Gray's-inn-lane. I went there, and was informed that the girl had an aunt in Monmouth-street: I went for the aunt, and said you must go and assist me in this matter: if she will tell where the money and things are, perhaps the man will be favourable. We went to the girl: I told her she would have no favour, if she went before the Justice. She seemed to cry and held down her head: said I, I'll go and get me some victuals; I went, and about one o'clock the aunt sent for me. When I came, the aunt said the girl took her down stairs.

Court. The aunt must give an account of that.

Holdway. Then the girl told me she did it herself; her mother and sister were not present. I took the money from the man of the round-house, and told it 17 l. 19 s. two ear-rings, and some silver. The girl said she had hid the box in the coal-hole under a sack, and had after that broke it to pieces and burnt it. The Justice then discharged the mother and sister.

Frances Clark . I keep the round-house, the prisoner was confined there: she came on the Wednesday; I had her three days. On the Friday there were her mother and sister; but they never were together, nor never spoke to each other. We prayed the girl to tell the truth; and told her what a sad thing it would be, at the great day, if she should wrong her mother and sister: she said they were guilty: at last she clapped her hand upon her aunt, and said, aunt save me. Then she said she had something to say to her aunt: they went by themselves; I followed and watched them, and saw her deliver a purse out of her bosom to her aunt: her aunt delivered it to me, and I never opened it till I delivered it to the constable.

Q to Holdway. Produce it.

Holdway. This is the purse which the last witness delivered to me, with the money in it.

Q. to Clark. Did you hear the prisoner say any thing when she delivered the money.

Clark. I heard her say, after she went below; aunt I'll give it you, if you can save me. Then I sent for the constable from the public house, and delivered it to him. ( The money produced)

Q. to prosecutor. Can you swear to any of these pieces?

Prosecutor. I described the pieces to Justice Welch before I saw the money: the moidore and six and nine-pence I can swear to be my property, which were among the other money.

To her character.

Kenelm Dawson . I have known the prisoner about three years; I live in Monmouth-street; the prisoner's aunt lives next door to me; she lived with her aunt. I don't know any girl had a better character than she had, when she lived there: a well behaved girl I looked upon her to be; she had the esteem of the whole neighbourhood.

Q. How long has she left her aunt?

Dawson. I believe she has left her aunt six months.

Q. How old do you take her to be?

Dawson. I look upon her to be 15 or 16 years of age.

John Ledward . I have known her about 10 years; I lodged in her aunt's house.

Eliz Williams . I have known her two years; she always bore an honest good character.

Ebenezer Averingham . I have known her eight or nine years; I never heard any ill of her in my life before this; I could have trusted her with untold gold.

Barnard Bailey . I have known her almost 10 years; I lodged in her aunt's house; I am in the watch way; I never missed any thing; she always behaved with an extreme good character.

James Coleman . I have known her two years last Michaelmas; I was a lodger in the house; during which time she behaved herself as honest as any person in the world. She had recourse to my room; I have had above 50 guineas at a time, and rings and things; she had a key that unlocked the door next to mine, which would unlock the door that went into mine, and she knew it; I never missed any thing.

Guilty Death .

47. (M.) Maria Southsway , spinster , was indicted for stealing 21 pieces of brocaded silk damask, value 2 s. 6 d. and a piece of flowered velvet, value 6 d. the property of John Cook , November 14 . *.

Anne Cook . I am wife to John Cook . I keep a cloaths-shop in Belton-street, by the Seven Dials . The prisoner came into my shop the 14th of November, and brought me a pair of womens shoes to sell. I did not chuse to buy them. She asked me for a halfpenny worth of snuff; while I was stooping for it, I imagine she stole the things mentioned, for I missed them in five minutes. I went out to see for her, and met with her coming out of Drury-lane into Short's Gardens, with the shoes in her hand. I asked her how she could come into my shop to rob me; she denied it: I took her home: Said she, If you look in your window you'll find it. I looked, and when I turned about I saw the parcel lying on the board. Mr. Maddox was by (a stranger to me): he saw her fling it.

Rowland Maddox . I happened to be by, and saw the prisoner take the parcel from under her cloke, and throw it under her arm into the window (produced and deposed to.)

Guilty 10 d. W .

48. (L.) William Gelvin was indicted for stealing a thickset frock, value 20 s. a cloth waistcoat, value 10 s. a pair of leather breeches, value 10 s. four pair of stockings, value 2 s. the property of Andrew Start , in the dwelling-house of the said Andrew , Dec. 9 . ++

Mary Start . My husband's name is Andrew; he is a milk-man ; we live in Salisbury-court . Last Monday, between 2 and 3 in the afternoon, I was sitting in our house eating my dinner, a man came down stairs with a bundle in his left hand, and opened the door with his right, and let himself out. I went out, and called stop that man; the more I called out the faster he ran. He was stopped; it was the prisoner. When I came up to him he took two pair of stockings out of his waistcoat pockets, and one out of his coat pocket, and put them into my apron. He had laid down the bundle, and another man took that up: in the bundle were a frock, a waistcoat, a pair of leather breeches, and a pair of stockings. I had folded the cloaths and carried them up, when St. Paul's clock struck 12. (Produced in court and deposed to.)

Thomas Martin . I saw the prisoner run very hard, and heard the cry of stop thief; I offered to stop him, he threw the bundle down; I took it up, and ran after him till he was taken. These are the things which were in the bundle.

Prisoner's defence.

A woman ran along, and threw the bundle out of her apron; I took it up and ran after her: I told this man the woman was gone forward. I had never a pair of stockings in my pocket. I am a silk weaver ; I can earn 15 s. a week.

Guilty 30 s. T .

49, 50. (L.) William Reynolds Bird , and Peter Price , were indicted for stealing 5 gold rings, val. 30 s. the property of Thomas York , and Elizabeth York , widow , October 16 . *

Elizabeth York . I was partner with my late husband's father at the time the things were stolen; but he is since dead. I live at the corner of George alley in the Fleet-market : I keep a clock and watch and silversmith's shop . On the 16th of October last my glass in the window was cut or broke, and five gold rings were taken out, between 4 and 5 in the afternoon, before dark; they lay in the window upon a drawer. I was gone backwards, and left nobody in the shop for about half an hour. There were three plain ones, one black enamelled, and one with a brown stone. I heard of them the next day between 7 and 8 in the morning.

Thomas Houghton . I am constable of White-friars; I was sent for to the Anchor in White-friars; there was Reynolds. Martha Bateman , or her husband, delivered three of the rings there to me. Reynolds said he did not take them himself, but another boy did; and that other boy had got two of the rings. I went to Little Britain, according to his direction, and found the other boy in bed upon a floor on some straw, with his mother and two other small children, in a starving condition; that was Peter Price : there I found two gold rings, which he delivered to me; his mother had them in her pocket: the other three were said to have been found upon Reynolds.

Martha Bateman . On the 16th of October, about 8 in the evening, Reynolds came, as I was sitting selling fruit and oysters: there were four or five more-boys along with him. He took my candle out of my lanthorn; I asked him what he had got there: he said he had got three rings, and asked me if I would buy them. I asked him to let me see them; he had them on his finger; he took them off, and gave them into my hand. I asked him how he came by them: he said it is no matter; if I would buy them I should come to no harm: I said I did not believe they were gold. He produced a plain gold ring with a black enamel; and another, a gold twist with a brown stone; he said he was certain they were gold, by the place from whence they came; and said, he was sure there was nothing but gold where they came from; and if I thought they were too dear at 18 d. all three of them, I should have them for a shilling: upon which I desired him to stay a little. I took the rings, and went into Waterman's-lane to a pawn-broker's shop: I desired the gentleman to tell me if they were gold; he said they were. I told him which way I got them, and where the boy was. He desired me to go and get a constable and take him up. I said, I did not understand any thing of the affair; and as it was late, I would keep the rings till morning: as the boy was known about the place, I thought my husband could easily take him up in the morning. I went home and locked up the rings in a drawer, and told the boy he should have the rings if he came in the morning: he said it was very well. The next morning my husband got up between six and seven, and found the boy in the glass-house: he took him to the Blue-Anchor, and sent for Mr. Houghton, and delivered the boy and rings to him. As soon as my husband took him into the public house the boy fell a crying, and owned he took the rings from out of a clock-maker's shop, at the corner of George-alley in the Fleet-market; that Price stole them, and delivered those three to him, and kept two himself.

Reynolds's defence.

I know nothing about them.

Price's defence.

The same.

Reynolds Guilty T .

Price Acquitted .

51. (M.) Edward Bonson was indicted, for that he, on the 25th of October , about the hour of one in the night of the same day, the dwelling-house of William Wood did break and enter, and stealing 2 linen curtains, value 10 s. 1 linen head-cloth, value 2 s. 1 linen tester-cloth, value 2 s. 6 linen valences, value 2 s. 2 looking-glasses, value 4 s. 1 wooden tea-chest, with 2 tin canisters, the property of William Wood : one feather-bed; value 10 s. 1 mattrass, 1 pillow, 1 woollen blanket, 1 quilt, 1 copper tea-kettle, and 2 brass candlesticks, the property of Thomas Stockdale ; 1 looking-glass in a wooden frame, 7 aprons, 4 pair of linen sleeves, 1 yard of linen cloth, a cotton gown, 3 linen caps, a pair of thread stockings, and 2 pieces of green baize, the property of Anne Adamson Weston , spinster ; a copper saucepan and cover, a brass saucepan, a tin saucepan, a tin boiler, 2 wooden tea-chests with 3 tin cannisters, a looking-glass with a wooden frame, a pillow, 3 blankets, a copper warming-pan, a brass candlestick, a linen napkin, the property of Francis Snell ; 1 feather-bed, 1 pillow, 2 woollen blankets, a quilt, 6 china cups, 6 china saucers, a copper saucepan and cover, a copper tea-kettle, a brass fender, an iron poker, and iron shovel, a pair of iron tongs, 1 serge curtain, and 1 serge valence, the property of Thomas Clain , in the said dwelling-house . *

William Wood . I live in Castle-street on the back of Long-acre . My house was broke open between the 20th and 26th of October last, but what day I cannot justly tell: I left it late on the Sunday, and on the Saturday after I sent my daughter to the garden to get some parsley; she returned and told me it had been broke open. I let it out in lodgings, these people here are tenants to me; I have an apartment to myself in it.

Q. Where is this house?

Wood. It is joining to Tottenham turnpike in Islington road: I lodge there in the summer time, but very seldom in the winter. Mr. Clain, Mr. Stockdale, and Mr. Snell, lodge there; the woman is a servant . I went there on Sunday the 27th, and found the thief had got in at the back window, by wrenching the bar off. I missed two linen curtains, a head-cloth, a tester-cloth, 6 valences, 2 looking-glasses, and a tea-chest: I lost more since, but these things I have found again; they were at one Crofts's, a broker, at the Bell in Drury-lane. (Produced and deposed to.) I have matched the tester-cloth with the piece they left behind where they cut it off, and it matched exactly. It is entirely new.

Q. What are you?

Wood. I am a broker . I saw the prisoner at Justice Fielding's about the 5th of November; he there acknowledged the taking these things away, but said he was not in the house. He was asked how he conveyed the things away from Tottenham-court: his answer was,

"We carried them away on our backs."

Q. Does the house stand alone?

Wood. It does; and the furniture of the house belonged to us: the prisoner owned he was in the garden, and they carried them upon the rising ground, and put them over the pales.

Q. Did he say who did break the house?

Wood. I cannot say he did.

Q. Is Crofts here?

Wood. No, he is not; he was not bound over.

Anne Adamson Weston. I am servant to Mr. Stockdale; my box was broke open in that house, and all that was in it was taken out; it was full of linen; there were ten guineas in a purse taken away. I was in London at the time the house was broke, at my master's house in Green-street, by Leicester-fields. I was in the house about a fortnight before the house was broke; and I expected my box to come to town the very day the house was broke. I found a shift body, a cotton gown, some sleeves, 7 aprons, a pair of white stockings, and some green cloth, at the prisoner's house: he kept a chandler's shop in Parker's-lane. These were taken out of my box which stood in the kitchen. There was nobody left in the house when I went from it, as I know of. I heard the prisoner say, he only received the bundle as it was thrown out at the window; he never was in the house.

Francis Snell . I have a room at this house: I went there on Sunday the 20th of October, in order to bring some of my things away. I left bed, bedding, and several things in the room. I heard the house was broke open on the 26th. I went there at night, between the hours of 7 and 8. I found my apartment broke open, a stock-lock and pad-lock to the door were both broke: I was the last person in the house on that Sunday, and I fastened it when I went away. I missed bed, bedding, 3 blankets, a quilt, a mattrass, a pair of sheets, 2 pillows, a bolster, a copper warming-pan, and a brass candlestick: I have found some again; the brass candlestick, copper warming-pan, and a blanket, at the prisoner's house; the blanket was on his bed. (Produced and deposed to.) I saw the prisoner in Newgate, and there heard him say he and Evan Parry (not taken) began about 7 o'clock (but did not mention the day); that they carried 5 beds out of the house all on their backs; that they went 6 or 7 times each, and deposited them near Lord Baltimore's house, and carried them all home before day-light but one bundle; and when they came back for that, somebody had carried it away for them.

Q. Where did he say his house was?

Snell. I knew he lived in Parker's-lane: he said he staid in the garden while the other man bundled them up, and threw them out to him. I saw the window was wrenched open, as Mr. Wood has mentioned; there were five locks in the house broke.

Thomas Clain . I lodge in this house; I lost a bed-bolster, 2 pillows, 4 blankets, a quilt, curtains to a four-post bedstead, 6 cups and saucers, a blue surtout coat, a waistcoat, a brass sender, shovel, and tongs. I found a good many of my things at Crofts's the broker; I found two of my curtains in the prisoner's house, (produced and deposed to.) I heard the prisoner say the same as Mr. Snell has mentioned.

Terence M'Ginnis . I am a constable. On the 4th of November, I went to the prisoner's and Crofts's houses, and found the things produced here.

Thomas Stockdale . Mr. Wood let me know the house was broke open, on the 26th of October; I went there and found my door unlocked, and the two bolts unbolted; the lock of Anne Adamson Weston 's box broke, and entirely empty. I found a bed tied up ready to be taken away. I missed a bed, mattrass, pillow, and 2 blankets, a copper tea-kettle, a quilt, and 2 brass candlesticks. I had word the prisoner was taken, and I went to Parker's-lane to his house; there I found the feather-bed, mattrass, 2 blankets, and the copper tea-kettle. I went to him in Clerkenwell-prison. I asked him about the things; he told me Mr. Crofts had bought near 13 beds of him: he told me Parry went into the house, and he stood without to receive them, and there is a little mount in the garden, from which he put them over the pales.

Q. Did he tell you how he got into the house?

Stockdale. I think he said he went in at a window, and over a lumber-room; I found the bar to the back window had been wrenched.

Prisoner's defence.

I never sold any of them things to Mr. Crofts; neither was I ever in the prosecutor's house; if Mr. Crofts was here, I dare say he would say who he bought them of. I lived with one gentleman 7 years, and with another 2. My last master was a bankrupt, then I left him, and became acquainted with Mr. Parry.

Guilty , Death .

There were 14 other indictments against him.

52. (M.) William Murray was indicted for stealing 2 cheque linen shirts, value 5 s. the property of Henry Newman , November 16 . +

Hannah Brooke . Henry Newman is a lodger of mine, he belongs to an Indiaman; I believe he is gone on board; there were 2 cheque shirts of his missing 7 weeks ago next Sunday. I never saw the prisoner before I saw him before the bench of Justices, to my knowledge.

John Pescote . I keep a sale-shop by Wellclose-square, Cable-street; I have bought things of him, and sold him things: he brought these 2 cheque shirts to me about 2 months ago; I bought them of him, he is a seaman; he said he could not get his wages, and was forced to part with them. (Produced in court.)

H. Brooke. These are the property of Henry Newman , I know them by the gussets being sewed in with purple thread: they are the same that I missed.

Pescote. I bought them of the prisoner about 2 months ago, he said they cost him 11 s. and he would give me something handsome, if I would keep them till he got his money, I gave him 9 s. for them; he always behaved very civilly at my house: I bought a pair of breeches of him, which he bought in Rosemary-lane.

Prisoner's defence.

I have been two voyages into the East-Country, I wanted money, and was forced to make away with my things. I bought these 2 shirts the 3d of October, between 11 and 12 o'clock.

Acquitted .

53, 54. (M.) John Abbot and James Farrell were indicted for stealing 3 guineas, and 1 s. in money; the money of Samuel Bowling , in the dwelling-house of the said Samuel , November 14 . +

Samuel Bowling . I live in Sharp's-alley, Cow-cross ; on the 15th or 16th of November last, I lost 3 guineas and 1 s. out of my room in my house, about 3 o'clock: I took the prisoner Abbott up upon suspicion, he was at work in my yard in chopping of bones. I make grease for greasing carts and waggons : he had worked for me between three weeks and a month; he did not lodge in the house, the money was missing out of a drawer, in a room on the ground-floor. He had been into the house, and must go by the room door to go into the kitchen, out of the yard; I carried him before Justice Girdler; he owned before the Justice he was the real person that took out the 3 guineas, and 1 s. from out of a drawer.

Q. What have you to say against the other prisoner?

Bowling. Farrell said he stood and saw Abbott go in and out of the room; and when he came out, he said to him, Jack, you had no business there, you have been robbing your master; and upon that Abbot directly clapped three guineas and one shilling into his hand, and said take one guinea for yourself, and hide the other two under the cell of the door, in such a place, and at night I'll come for it, and then I'll go into my own country.

Mary Bowling . I am wife to the prosecutor. On the 14th of November, about one o'clock, I put three guineas and a shilling into a drawer on the ground floor, and left the key in the drawer; there were 20 s. in halfpence and a guinea in the drawer, besides what were taken out: the halfpence were in a bag by themselves, and four guineas and a shilling were in a tin cup: the three guineas and a shilling were missed about 3 o'clock. I was absent when it was taken: the other prisoner was in the yard waiting for the pots; he is a pot-boy at an ale house.

Abbot's defence.

I never had no more money than what I brought out of the country with me. My father gave me four guineas, and I gave it to this lad to keep for me, fearing I should have my pocket picked.

Q. to prosecutor. What three guineas did Abbot speak of, that he put into the prisoner's hand?

Prosecutor. Abbot declared he was the person that took the three guineas and a shilling out of the drawer.

Both Acquitted .

55, 56. (L.) Stephen Wheat , and Robert Tull , were indicted for stealing 20 yards of linen cloth, value 20 s. 21 yards and three quarters of velvet, value 5 l. 15 s. 26 yards of fustian, value 2 l. 7 s. 25 yards and 3/4 of thickset, value 1 l. 5 s. 24 yards of other fustian, value 35 s. 14 yards and 3/4 of other fustian for pockets, value 8 s. 21 yards of corded dimity, value 30 s. 21 yards of pillow fustian, 19 yards and a half of cloth, 2 woollen cloth coats, a cloth waistcoat, 144 mettle buttons, a cotton wrapper, 7 yards of camblet, and a trunk, the property of John Freydenberg , in a certain boat lying on a navigable river ; to wit, the river Thames , November 7 . ++

Thomas Hollings . There was a trunk stole out of my boat, that night the fire was in Cornhill, which was I believe the 7th of November: we took it in about 10 o'clock over night, from out of the warehouse, at the Rose and Crown at Queenhithe. My boat lay there when the trunk was stolen; the boy and I were both fast asleep in the boat at the time we missed it, about 3 o'clock the next morning; then I came and told Mr. Freydenberg of it: we were to have delivered it at Teddington, at his house up the river.

William Pratt . I am clerk to Mr. Freydenberg, I packed the goods in the trunk, the night before it was sent down to the water-side, being the 6th of November; they were the goods mentioned in the indictment, (mentioning them by name.) I sent it by our porter, George Houghton , to the Rose and Crown, Queenhithe.

George Houghton . I am a porter, I carried the trunk that was delivered to me by Mr. Pratt, to the Rose and Crown warehouse at Queenhithe, and delivered it to Hollings the waterman at the door.

Q. What sort of a trunk was it?

Houghton. It was a black leather trunk; I carried it from Mr. Freydenberg's warehouse in Ironmonger-lane.

Q. to Pratt. Whose property were the things you packed up?

Pratt. They were the property of Mr. Freydenberg.

Thomas Mills . On the 7th of last month, Robert Tull , Stephen Wheat , and I, went out, down Bank side, where we got a boat; whose property I know not. Robert Tull rowed us over the water, where we saw a country boat lying; we went along-side the boat, and took out a corded black leather trunk; this was near Queenhithe. I held the boat while the trunk was taken out; I think there were two people asleep in the boat: then Tull rowed us over to Pepper-alley stairs, where we broke the trunk open, and found it contained divers goods, such as velvet and fustian; then we took the trunk down to the house of Mary Clegg , where I lodge, in Tooley-street. The next day Tull and Wheat came and took out some of the pieces of cloth in a green bag, and another coloured bag.

Q. How many pieces did they take away?

Mills. I cannot tell how many, whether 3, 4, or 5, or what: the trunk remained there till the Sunday following, when Tull and Wheat came and took it away, and carried it into Lock-fields, as they told me; I left them in White-street: they came to me again at the Blue Bell. They said they had taken the things out, and hove the trunk into a ditch.

Q. How far is Lock-fields from the Borough?

Mills. It is about half a mile distant. What they did with the goods they took out, I do not know; they gave me no account, and they gave me no more than 15 s. and that they gave me that night. I had only one black coat, which I pawned at the next door but one to the Black Raven in Tooley-street, for 5 s. and 3 d. and a piece of velvet of 5 yards, which I pawned for 8 s.

Q. Was you ever concerned with the prisoners before?

Mills. I was once concerned with Tull before. (See No. 540, i n Mr. Alderman Bridgen's Mayoralty.) I never was concerned with Wheat before.

Q. Where had you been in the afternoon, on the 6th of November?

Mills. I was with Tull in the day-time, and appointed to meet at the Blue Bell in the evening, which we did all three.

Q. Did they tell you before you set out, what they were going upon?

Mills. No, they did not. I knew we were going upon the water.

Q. from Wheat. Was I there, at the Blue Bell with you?

Mills. Yes, you was.

Q. from Tull. Whether you did not meet me on London-bridge that morning, about 3 o'clock?

Mills. No, I did not.

Catherine Clegg . I live in Unicorn-yard, Tooley-street, Mills lodged along with me; he and Wheat brought a trunk into my house, about 4 o'clock, the morning that the fire was in Cornhill, and it rested there till the Sunday afternoon following; when Tull came and fetched it away: I insisted on their taking it away. Mills lodged in a two pair of stairs room.

Q. What sort of a trunk was it?

C. Clegg. It was a black leather one, bound up, and carried into Mill's lodging room; it was bound up with a cord all the time it was there.

Q. How came you to be up so early that morning?

C. Clegg. My brother was sick, and I was up with him. I never saw no more of them after they brought it in, till the Saturday morning; Mills and another man came, and went away again; they came again at night to lodge: they were in liquor. I do not know what that other man was; they were very noisy: the next morning I discharged them from the lodging, not to come any more to lodge there. They took the trunk away on the Sunday.

Q. Who took it away?

C. Clegg. Mills and Tull brought it down stairs; Wheat was with them.

Q. Did either of the prisoners lie in the house with Mills?

C. Clegg. No.

Q. What time on the Sunday did they fetch it away?

C. Clegg. They went away on the Sunday morning, and came again in the afternoon and fetched it away; they all three went away with it: I know nothing where they carried it; neither do I know what was in it.

Q. from Tull. Whether there was not a gentleman came the next day, with his face bound up, and said they were his property?

C. Clegg. Yes, there was a gentleman came, he went up stairs with me; but whether they opened it or not, I cannot say: he did not say the trunk was his; but said I must not let any body have the trunk. When Mills came to lodge with me, he told me there was a young fellow come to lodge with him, if I approved of it; so I suppose this man came with a view to lodge, for he wanted to pay a shilling a week for his lodging as well as he.

Q. from Wheat. Was not that man's head bound up with a handkerchief?

C. Clegg. Yes, it was.

Q. from Wheat. Did not I ask you whether the lock was broke open?

C. Clegg. No, I asked that question, Whether the lock came in whole? and he said he could not tell, whether it came tied or corded; I told Wheat a man came and claimed it, and I told him another man had said it must not be taken away, but by his order, and I would not let it go till Mills came.

Tull. This man that had his face bound up, was named James Saunders .

Q. Whether he did not lie that night with Mills?

C. Clegg. Yes, he did lie that night with Mills.

Nicholas Maniarty . I am constable, I keep a public house opposite Mrs. Macuse. This Thomas Mills brought a bag of linen to her house, on the 12th of November, for her to sell for him; she came over to me, and desired me to come over and see it, thinking it had been stolen from the fire. I went over, Mills was sitting by the fire in her house; I said where is this linen you have to sell? Young man, he said, here it is; I said how came you by it; he said he bought it in Holland: I said I do not believe any such goods ever came from Holland, I believe they were stolen from the fire; no, said he, they are not: the man was all on a tremble; I said I insist upon your going before a justice, to know whether you came honestly by them or not. I carried him before a justice in Shadwell, there he denied it; the justice desired me to take him before Sir John Fielding ; saying, Sir John knew better what to do in it than he did. I put him in a coach, to carry him before Sir John; I said going along, you had better confess and clear yourself: then he said they were stolen, but not from the fire. Said I, where were they stolen from; he said from out of a luggage-boat above-bridge. It is table-linen, I stopped it, and have had it in my possession over since. We went before Sir John, there he impeached the two prisoners; and that he was one of the men that stole the trunk out of the luggage-boat, and if any body would go to the Blue Bell, in White-street, over the water, they might find the two prisoners; so Sir John granted a warrant to go and look for them; there were Matthew Bathwate , and Mr. Macuse with me: I said go you in first, and call for a pint of beer. I staid behind 3 or 4 minutes after; the two prisoners were coming out, I said to Wheat, (having had them both described) is not your name Stephen; he said no, my name is Jemmy Royal. I took him in charge, there was a candle brought out, I saw his dress answered the description that Mills had given; I took him into the house and gave him in charge of two or three men. I went all over the Borough, and could get no constable; then I took him in a coach, and carried him into my own parish, that is St. George Middlesex, and the next morning before Sir John Fielding: there he confessed he was the person that carried the trunk up to the house, and was concerned in taking it out of the luggage-boat; and that if he had not been drunk he should not have gone. They were all taken the same day, but I know nothing of Tull; I did not hear him examined.

Hannah Macuse . I live in Ratcliff-highway, in Denmark-street; Mr. Maniarty lives facing my door; Mills and Tull came to my house, I believe it was on the 11th of November.

Q. What is your business?

H. Macuse. I deal in old cloaths, they brought a green bag, and asked me whether I did not deal in old cloaths. I said yes; they said they came from on board a Holland trader, they had been to Holland, and had got some things, and they were afraid of the Custom-house officers, and if I would sell a piece of Holland for them, they would give me a piece for a table-cloth; they cut me off a piece for a table-cloth from a larger piece; they had other things in the bag, it appeared like fustian, I had just a sight of it: they delivered this piece of cloth to me to sell, (produced in court;) there is 15 yards of it. I took a piece and offered it to sell at a shop in Cable-street. I told the woman I had it from a person that came from Holland, and he was afraid of the Custom-house officers; the woman said I had better take it home and cut it for table linen; Tull and Mills were at my house at the time. A cabinet maker came in and seeing them cut the cloth, he had a suspicion of it being stolen; he called my husband out, and when they were whispering gave them a suspicion, and they went away, and said they would leave the linen till they came back at 4 o'clock in the afternoon: then I went over to Mr. Maniarty the constable, and told him of it; they never came that night. The next day I went to enquire about them, and met Tull on London-bridge. I stopt and collarded him; he got from me. I called stop came, and some were for stopping him, and some not; but I got assistance, and took him before my Lord-Mayor. I left word if Mills should come, to send for the constable: he came, and was taken, so all three were taken that day.

Q. from Tull Whether I brought any of it into your house?

H. Macuse. No, you did not, Mills brought it under his great coat.

Thomas Macuse . Tull and Mills brought these things to my house, when we suspected them, they went out, and said they would come again at 4 o'clock, but they did not; then we put the things in the officer's hands. Mills came the next day, about 12 o'clock: we got assistance, and charged him, and took him before Justice Fielding; he was sent to New-prison: then we had a warrant from Sir John to take up Wheat; we took him at the Blue Bell, on the other side the water. I went on board the ship which they said they came from Holland in, and the people told us, they had no men of their names on board.

Mathew Bathwate . I was going by Mr. Macuse's house, and saw Tull and Mills measuring about 20 yards of fustian; they cut it in two, and parted it betwixt them: then they pulled out of a green bag, about 14 yards of huckaback; there were more things in the bag. When they cut the fustian, one of them said, the other man concerned would be mad if he had not his share; they asked the woman to go out and sell some huckaback. Said one, cut it in two: no, said the other, let it go whole: first they cut a table-cloth off, and then they sent the remainder out to sell. She came back with it, and said the people said she had better take it back, or she would be stopped with it: then said Mills, cut it up into table-cloths. I whispered her, and said, this stuff is certainly stolen. I would have you not to be concerned with it. We told them the table-cloths should be made, if they came in the evening; they went away, and we went and told the officer of it, and intended if they had come, to stop them; we waited their coming, but they did not come that night. The next day while we were waiting at the alehouse, and had left word with the girl, that the mistress had sold the cloth, and would give them the money as soon as she came home. Mills came, and we went and took him, and carried him before the justice: he denied the stealing it, and said he brought it from Holland; the justice ordered us to take him before Sir John Fielding . When we came into the back lane; I said to him, you had better own it, for the other is taken, (we had heard Tull was taken on London-bridge;) and very likely he will get admitted evidence. Then he said he did steal it, betwixt Black-friars-bridge, and the Old Swan, out of a boat: we asked him where the other man was to be found; he said the other was a lusty man, (describing his clothes,) and that he was to be found at the Blue Bell, in White-street. We told Sir John, and he granted us a warrant, and we went and found Wheat there.

Q. from Tull. By whose authority was the stuff cut?

Bathwate. It was by Mills's order.

John Bartram . I live with George Grigg , in Barnaby-street, a pawn-broker: this piece of fustian Tull brought to me, on the 11th of November; I lent him half a guinea upon it: he said he lived in Fishmonger's-alley, and that it was his own. (Produced in court.)

James Gathey . I live with Mr. Spence, facing Barnaby-street: (he produced 10 yards of fustian.) This Tull brought to me on the 11th of November, I never saw him before; he said it was his own.

David Davis . I live in Kent-street, I am a pawn-broker: on the 9th of November, about 5 in the evening, Mills came. I never saw him before but once. Richard Saunders came with him, to satisfy me what he bought was his own; he brought this, (producing five yards of velvet.) I have known Saunders 2 years. Mills told me he bought it at Deptford, for 6 s. a yard, to make him a frock: it is Manchester velvet.

Sarah Shearer . I am a pawn-broker, and live in Tooley-street: Mills brought this black coat to me, the 7th of November. (Produced in court.)

Q. to Pratt. Look at these several things, here produced by the pawn-brokers; can you swear to any of them?

Pratt. I can swear to the velvet, and I think the coat is Mr. Freydenberg's; they were in the trunk.

Mr. Freydenberg. I can swear the coat is my property, they have artfully divided the piece, and cut my mark off, and pawned it to two pawnbrokers.

Q. to Mills. Was you along with Tull, at Mr. Macuse's?

Mills. I was.

Wheat's defence.

Mills met me on the bridge, about 3 o'clock in the morning; I was going to Billingsgate-market: he asked me where I was going, I said to the Gate, I never saw him before. Said he, if you will go along with me, I can help you to a shilling or two. I said with all my heart, your money is as good as another man's. I asked what it was to do: he said it was to take a chest, and carry to his lodgings. I did, he said come to-morrow, and I will pay you: I took it up at the foot of the Bridge. I went in the morning, and his landlady said he was not at home; but he and the man that was the owner of the chest had been there, and broke the lock, and took several of the things out, and said they were going to have clothes made of it: she said if I wanted the chest, I might take it with me. I said I had no business with it, she took me up two pair of stairs, to shew me how the lock was broke: I never knew what was in the chest. I lay in Kent-street, and got up about half an hour after two that morning; but I do not know the name of the people where I lay.

Tull's defence.

I met Tom Mills at the foot of London-bridge; he asked me to give him a lift up with the chest: I knew him, being shipmates together. He asked me where I was going, I said to Gravesend: he said will you stay with me, I can put 2 or 3 shillings in your pocket: he said he was going to be sworn into the militia the next day: he said he had got half a dozen handkerchiefs, some nankeen, and some tea, that came out of an Indiaman; and desired me to walk with him to Mrs. Macuse's; he had some cloth in a green bag.

Mr. Freydenberg. I was before Sir John Fielding when Tull was there: he said he would discover every thing, if they would admit him an evidence; he owned he was concerned in taking the things out of the boat.

Both Guilty . Death .

57. (M.) George Hill was indicted for stealing a shagreen case, value 1 s. 1 silver cup, value 4 s. 1 silver table spoon, value 4 s. 1 knife with a silver handle, value 10 s. 1 fork with a silver handle, value 10 s. 1 silver tea-spoon, value 1 s. the property of John Lewis Gilbert , Clerk , October 26 . ++

John Lewis Gilbert being a Frenchman, and not speaking English, an interpreter was sworn.

John Lewis Gilbert . I came in the Fox brig from America, and quitted her at Dover. I left my box on board: having lost the key, I was under some difficulty, fearing some of my things should be lost, I left it tied with a cord: I came to London by land. When the ship came into the river Thames I went on board her, but cannot tell the day. The mate asked me whether I found every thing safe in my box, as I left them at Dover: I examined it, and missed my shagreen case, and the things mentioned in the indictment, (mentioning them); and when I settled with the captain, he told me it was stolen.

Q. Have you ever seen the things since?

Gilbert. I saw them since at justice Fielding's but cannot tell the day: the prisoner was there also. I knew the things, when I saw them to be my property.

George Brown . I was commander of the ship that Mr. Gilbert came in. I arrived off Dover the 13th of October: I brought him from Carolina; he had unfortunately lost his key. The prisoner was my servant , he waited in the cabin: we had missed some trifling things in our passage; he had been challenged with taking them, but denied it. When I came to my moorings in the river, and brought her to an anchor, I desired every thing in the cabin might be taken care of, and went on shore, and returned the next day on board; then the mate told me the prisoner was gone. I asked him if he missed any thing; he said, nothing in particular. The next day the mate told me this gentleman had been on board, and found such and such things gone. In the interim came a man from Sir John Fielding for me; I went directly: there I found the things mentioned in the indictment, and the prisoner along with them. I asked him how he could behave in that manner to me, who had been the best friend he had in the world: he told me he had done it.

Q. What did he say he had done?

Brown. He said he had cut the trunk open and took the things out, and there they were.

Q. When did he say he did it?

Brown. He said he did it the same night we came to our moorings at the Hermitage.

Q. Was you before Sir John when the prosecutor was?

Brown. I was. He saw the things and owned them, and swore to the whole of them: the constable has them to produce here, and he is not come.

Prisoner's defence.

A man gave them to me on board to carry on shore.

Guilty . T .

58. (L.) John Frankland was indicted for stealing three ounces weight of tea, value 6 d. the property of the united company of merchants trading to the East Indies , Oct. 18 . ++

Simon Holbrook . I am drug and tea warehousekeeper in the India company's warehouse in Fenchurch-street : the prisoner was employed in the warehouses as a labourer ; when we are making up our teas, then they are all laid open: this was after the show. On the 18th of October I was told he was detected in stealing some, by Mr. Barley the King's officer. I went to the upper end of the yard where he was: Mr. Barley told me he had taken some tea from him. It is customary. when the men are discharged at 2 o'clock, that they should be rubbed down by one of the customhouse elders, or one of the King's officers.

John Prosser . On the 18th of October, as Mr. Barley was discharging the people, he found some tea in the prisoner's pocket; I was present at the taking of it out: he took some out of one of his pockets; the prisoner said that was all: after that he found about three or four ounces concealed in a handkerchief in his breeches.

John Barley . In discharging the men at 2 o'clock I found a little tea in the prisoner's coat pocket: I asked what he had there; he said, nothing. Then I took him into the counting-house, and called Mr. Prosser in; and in searching the prisoner farther I found that tea (produced) in a handkerchief in his breeches.

Q. How much is there of it?

Barley. There is 3 or 4 ounces.

Q. Whose property is this tea?

Barley. This was on St. Luke's day: there were no warehouses open then but the teas making up for the company, and the prisoner was at work in those warehouses.

Prisoner's defence.

I was moving of goods; the chests being bad some tea ran out; I being a stranger to the custom of the place I took a little of it up, fearing it should be trodden under feet, thinking they would have thrown it to the dunghill. I had been there but 2 or 3 months; I did not know the rules of the warehouses before; I was recommended from the country.

Q. to Barley. When did the prisoner come to work in the warehouses?

Barley. He came the 13th of August last.

To his character.

Mr. Bell. I keep the Spread Eagle in Gracechurch street; I have known the prisoner upwards of 12 years; I never heard any thing against his character in my life. He kept coaches once, and used to come to my house. He was a man of substance; he was concerned in the Dover coach. He came to misfortunes, and was recommended to work in the India company's warehouses.

Robert Smith . The prisoner was servant to me pretty near half a year; I used to buy and sell horses. He is an honest, harmless, good-natured man; I have known him 20 years.

Thomas Barker . I live in Fenchurch-street: I have known him a great many years: he always had a very good character.

William Marmond . I am servant to the prisoner's brother at Rochester. I have known him about 18 years: I never heard any thing amiss of him before this in my life.

Acquitted .

59, 60. (M.) Robert Bignal , and Mary Fitzgerald , spinster , were indicted for stealing a bill of exchange, called a bank post bill, No. 3315. value 20 l. being then due, and unsatisfied for, the property of Lawrence Doyle ; in the dwelling house of Robert Barrey , October 14 . +

Lawrence Doyle . I did live servant to Mr. Oflartey, at Isleworth. I left that service on the 11th of October, and came to lodge in Suffolk-street , at Mr. Robert Barrey 's; I sent my things thither by water. I came there the 14th, my portmanteau I sent by water with my other things, in which was a bank post bill for 20 l. in a little writing chest; it was indorsed by Theodore Oflartey , at Isleworth (produced in court); this is it. I went up stairs to see an aunt of mine that was ill: Mr. Barrey is my uncle: I wrote a pennypost letter: on my returning from her room, I saw a light in the parlour where my goods were left; this was between 6 and 7 in the evening. I thinking there were some French ladies that lodged there, I went to ask them how they did: then I missed my portmanteau; the other things were all safe. One of Mr. Barrey's maids told me the waterman had brought it, and that it was in the parlour, about 6 o'clock that evening. I sent back to Isleworth to know the number of my post bill: Mr. Oflartey sent me word, I must be informed of that by applying to Mr. Cruse, a merchant, who gave it to him: I went, and was informed that the number was 3315. I went and stopt payment at the Bank, and had it advertised on Wednesday the 16th, with other things lost in the portmanteau; and the bill was stopped at the Bank the very morning it was advertised.

William Willoughby . I keep a Coventry warehouse in Holborn: on the 15th of October, about 5 in the evening, Mary Fitzgerald and another woman came to my shop. I never saw Fitzgerald before: the other woman had bought things of me several times before; her name is Smith: she took hold of her own gown, and said, have you any more of this fort of silk and stuff; that was a gown that she had bought of me; I took and shewed them a roll of the same: they both ordered eleven yards to be cut off. After that Smith said to the prisoner, I hear you are going into mourning; I hear you have got a very good windfall left you; you will want some crape. She was shewed some: she agreed for price, and ordered 14 yards to be cut off Then Smith said to the prisoner, my dear you will want change for a note: then she turned to me, and said, I suppose, Sir, you can change a bank note, I said yes, if it is not too heavy. The prisoner took this note from her breast, and gave it to one of my young people, and it was handed to me: I read it, and said, Madam, this is not a bank note, this is a bank post bill, and it is not accepted which makes it not negociable: they seemed a little surprized, and said they did not know there were any difference between a bank note, and a bank post bill. I read the body of it to them, and pointed out the difference; they said they did not know what to do: I said I shall be in the city in the morning, and I would get it accepted, (not having the least suspicion it was stolen.) They left it with me, and seemed greatly pleased, and took the goods away.

Q. What did the goods come to?

Willoughby. They came to 3 l. 13 s. all together. I told them they might come any time on the morrow, and they should have the things. I went into the city the next morning, having business at the Custom-house, and the Exchange: when I came to present the bill at the bank, I was asked where I got the bill: I told them, they said it was stole; said I, what shall I do with it: they desired me to go to the secretary, which I did: he said he would write to the person at whose house the portmanteau was stole, for him to come and consult with me, upon which Mr. Barrey came to me.

Q. Did the women ever come for the change?

Willoughby. No; they neither came nor sent. My young people recollecting, while they were standing by my counter, that one said to the other, my mantua-maker is a very good sort of a woman, she has lost her husband, who was a dresser at the playhouse, and she has a pretty daughter that delights in the playhouse; they mentioned her living in Vinegar-yard: upon this Mr. Barrey and I went to Vinegar yard, and found a mantuamaker that lived up stairs. I saw a good looking woman sit at work: I carried a piece of that stuff which Smith had had a gown of; I asked her if she had made a gown of such as that about three weeks before, she said, she had not. We were coming down stairs; I said I will turn back, and ask her one question more. I went up, and said, Madam, I see you are in mourning; are you in morning for a husband or a relation? she said it was for her husband. I said, was he not a dresser in the playhouse? she said, yes. Then I said, have you not a daughter that delights in the playhouse? she told me she had. I asked the favour to see her; she was called out of another room; she is a woman grown. I said to her, my dear, did not you and your mamma make a gown of this sort of stuff about three weeks ago? The daughter said, yes, Sir, we did. The mother contradicted it, and said they had not. The daughter said, Mamma, you forget yourself; we did for such a person, meaning Smith, but I think they called her Benton, or Benson: she told me, she lodged at a little rag-shop in Drury-lane, up two pair of stairs backwards. We went to Sir John Fielding 's, and described the woman to his clerk: he said he knew her well. He went with us, but we did not find her that forenoon. The clerk said to me, do you go home, and if I can find the people I'll send for you. I had not been at home two hours, before he sent me word he believed he had found the person, meaning Fitzgerald. I took one of my young women that served them, and went to Justice Fielding's; then Mr. Marsden, a constable, and I, went to a little house in Drury-lane, at a shoe-maker's in Prince's-street. We did not all go one way, but met at the door; the constable and clerk went up stairs, and in a minute or two they desired me to come-up: there were the two prisoners in a little back chamber; the constable was ordered to search the man; they tied his hands, and took them both in a coach to Justice Fielding's: they both absolutely denied knowing any thing of the portmanteau, or any thing about the post bill. Fitzgerald said, she had never been in Holborn but once in her life, and denied being in my shop at all. When I saw her at first going into her room, I looked her in the face, and said, why did you not come for your change out of the note? I knew her directly.

Cross examination.

Q. Had you ever seen Fitzgerald before they came on the 15th at night?

Willoughby. No, I had not.

Q. How long might they stay at your shop?

Willoughby. They might be there half an hour.

Q. Can you take upon you to swear she is the same person?

Willoughby. I can.

Q. Are you certain this is the same note here produced?

Willoughby. It is: I have had it in my custody ever since; only I left it at the Bank one day, and fetched it the next: I took particular notice of it when I left it there.

Q. Who took up Smith?

Willoughby. I did not; I left that to Sir John Fielding .

Susannah Priggs . I attend in the shop at Mr. Willoughby's: I remember the first time Smith came to our shop, there was a tall woman with her: we never knew what name she went by. She bought some silk and stuff for the tall woman, and paid for it: at the same time she admired some stuff that lay in the window, called missinet; it is silk and stuff. I think she bought 10 yards of it, for a gown for herself. After that she came to buy a yard more to make it up; and about a week after that, she came with the prisoner Fitzgerald: then she said she had brought another customer, because she admired her gown. I shewed her the missinet, she bought 11 yards of that, and afterwards 14 yards of crape: Smith sat down and shewed me her gown, and talked to me of her mantua-maker. Then she said to Fitzgerald, my dear, you have a bank note to change; Fitzgerald took it from her bosom, and as it was not accepted, she was to come for the rest of the money on the morrow. My uncle looked at it, and said it was not a bank note, but a bank post bill unaccepted; they both got up and looked at it; the prisoner said, she did not know there was any difference: he said he would go the next morning to the Bank, and get it accepted for her: and if she would call next day would give her the change. She went away very chearful; I did not see her again till she was taken up, when my uncle sent for me to the Hand and Slipper, a shoemaker's, in Prince's-street; there were the prisoners, Bignal had his hands tied: I am very sure Fitzgerald is the prisoner that brought the note, my uncle bid me look at her face. I knew her again the minute I saw her, I asked her if she remembered me; she said she did not know any thing of me; they took her from her lodgings to an alehouse, there she said she had not been in Holborn a good while; that the last time she went to buy a bit of lace for a handkerchief, but that it was now worn out: she said before the Justice she knew nothing of it; when we were at Sir John Fielding 's, he ordered his clerk to see what stockings she had on; he said white silk: she was ordered in a little closet, and I with her, to see what mark was on them; she took them off, and I carried them into the Justice, they were marked with a D.

Cross examination.

Q. Did you ever see Fitzgerald before the evening she came to your uncle's?

Susannah Priggs . Never in my life; she stared at me very much, and I looked a good deal at her: she had on a black hat, honeycombed round, lined with white, she had the same hat on when she was taken.

Q. What time of day was it she was at your shop?

S. Priggs. It was just at the dusk of the evening, candles were brought in directly, she was in our shop about half an hour.

Q. Do you take such notice of all your customers, that you can swear to them again.

S. Priggs. I took particular notice of her, and am certain she is the person.

Elizabeth Weston . I am a mantua-maker, and live in Drury lane: the prisoner brought me this silk and stuff gown to make, (producing one.)

Willoughby. This gown is of the same sort of stuff that I sold; here is a piece of the same I have with me, which answers to it every way. I believe it to be the identical stuff, as it answers every way to the selvage, though there may be many pieces of this sort sold at other shops.

Weston. She brought it me on Wednesday, but I do not know the day of the month, I believe it was two days before she was taken up; it was rather before noon: there was nobody with her when she came, but before she went away Bignal came up for her; she did not stay above 2 or 3 minutes. I have worked for her several times before, she always paid me very justly.

Q. Do you know Smith?

Weston. No.

Anne Smith . I live in the Strand.

Q. What are you?

A. Smith. I am a widow.

Q. Are you a housekeeper?

A. Smith. I am, I rent my house of Mr. Johnson of Clifford's-inn.

Q. What is your business?

A. Smith. I keep a house of lodgers, and live private: I do needle-work.

Q. How long have you lived there?

A. Smith. I have lived there near 2 years.

Q. Where did you live before?

A. Smith. I lived in lodgings before in Sea-coal-lane, I was a single woman then.

Q. Have you a husband?

A. Smith. My husband has been dead about 9 months.

Q. What trade was he?

A. Smith. He was a taylor; I have known Fitzgerald 9 years.

Q. Do you know Bignal?

A. Smith. No, I do not; I first became acquainted with her in Dublin, by being acquainted with her friends; I was born within 16 miles of Dublin.

Q. How long have you been in England?

A. Smith. I have been in England about 7 years.

Q. How long has she been here?

A. Smith. I cannot tell how long.

Q. How long ago since you saw her in London the first time?

A. Smith. I believe it is about 12 months ago; then I accidentally happened to meet her in the street. I cannot tell where she lived at that time: I have met her several times, and asked her how she did.

Q. Was you ever at her lodgings?

A. Smith. No, nor she at mine. When I called upon her, I happened to have a gown on that she took a liking to.

Q. When was this?

A. Smith. This may be better than 2 months ago; it was at a shoe-maker's shop in Prince's-street. I called upon a girl of my acquaintance in the same house; the gown I had on we call popplin; that is, silk and stuff: she asked me where I bought it; I said in Holborn. I had been two or three times at that house before; she said she should be obliged to me, if I would go and show her the shop, which I did.

Q. When was this?

A. Smith. Upon my word I cannot tell when it was; it was to Mr. Willoughby's shop: she bought two gowns there, one the same as mine, the other crape.

Q. Did she pay for it?

A. Smith. No, she did not; she gave a bank note, or bank bill: I can neither write nor read.

Q. Where did she take it from?

A. Smith. I cannot tell whether she took it out of her bosom or pocket: she told me she had a bill at the shop.

Q. Did she mention nothing of it before?

A. Smith. She said a very good friend had made her a present of it, and other little things: one that she had sleeped with at a bagnio: she left it at that shop.

Q. Where did you go after you went out of that shop?

A. Smith. We went and had a pint of beer, and parted at Turnstile, Holborn. I went home; she said to me, is this an honest man. I said, I hope he will take care, and not lose your note, for I know nothing of the gentleman, (this I said out of a joke.) I said you had better have a bill of the shop, so he gave her a bill.

Q. What time of the day was it that you parted?

A. Smith. It was about 6 o'clock.

Q. When did you see her afterwards?

A. Smith. I did not see her afterwards till I saw her here at the bar.

Q. When did you hear she was taken up?

A. Smith. I did not hear of that, till I was sent for to Sir John Fielding , then I was in Covent-garden buying some ribbons. When I went to Sir John, Fitzgerald was not there; this was one evening, about half an hour before dark: I told what I knew. Fitzgerald was then in custody.

Q. Who bailed you?

A. Smith. The gentleman of the shop, Mr. Frazer, where I was, bailed me.

John Noads . I went with Mr. Willoughby and Mr. Marsden, and took Fitzgerald in custody.

Q. Did you see Smith?

Noads. No, I did not, Mr. Marsden said he must have her taken, and bid me inquire where she lived; this was two or three days afterwards.

Both Acquitted .

(M.) They were a second time indicted for stealing one shagreen razor-case, value 1 s. 5 razors, value 2 s. one silver ladle, value 10 s. one watch-chain, value 1 s. one leather shoe, value 3 d. the property of Lawrence Doyle 29th of Novem towards Rose 14. * I was stopped

Lawrence Doyle . I lost the things meied me to I the indictment, in my portmanteau, on tI was not of October, at the same time my post bity pocket lost. into a

Anne Hussey . The prisoner Bignal, I think same brought a bundle up into my room; he said he as wanted the mantua-maker; she was out, she lived in the next room: she being out, he left the bundle with me. On the Saturday following, an acquaintance came up. I said, a gentleman had left a bundle with me; she opened it, and a punchladle tumbled out. There were 2 tea-spoons, a pepper-castor, an odd shoe, and a seal.

Q. Are you sure Bignal is the man that brought the bundle?

A. Hussey. To the best of my remembrance he is the man, but one man's face may be like another. (The things produced in court, the prosecutor would not swear to them.)

William Willoughby . I was with Fitzgerald before Sir John Fielding , the prosecutor said he had lost stockings at the same time; my young woman was desired to go into another room, and take off Fitzgerald's stockings, which she did: the prosecutor then swore, that he made the mark upon them with his own hand. Fitzgerald said, she bought them of an old cloaths-woman in the street.

Bignal's defence.

I am quite innocent; I know nothing of the matter.

Fitzgerald's defence.

I bought the stockings that were taken off my legs, of an old cloaths woman in the street, and another pair with them.

For the prisoners.

Robert Hornsby . I am a silk-weaver, and live in Golden lane, at the Red Lion and Lamb. I have known Fitzgerald from a child, in Ireland; she came of honest parents, I never heard any thing amiss of her character. I know Bignal, he is a dyer , and served his time to a freeman of the city of Dublin; I have been told he worked at his trade in London.

Philip Matthews . I knew Fitzgerald in Dublin, and have seen her several times since she came here; I know nothing farther of her than she used to bear a good character.

Theophilus M'Mahone . I have known Fitzgerald 6 years, she always bore a good character.

Both Acquitted .

[Text unreadable in original.] Isabella Pike , spinster , was indicted e shagreen instrument case, mount- r, and silver instruments, value 10 s. of William Nailor , December 1 . ++Nailor. I was coming home to my lodging Sunday the 1st of December, between 2 clock in the morning. I had been drinking, and got a little in liquor. I light of the prisoner and another girl, and stood and talked with them, I believe, a quarter of an hour before I parted with them. I missed my shagreen case of instruments; I told them I suspected they had got it; they denied it. I said, if they would give it me, I would give them something that would be of more service to them: they asked me what I would give them; I gave them a shilling. When they had got that, they would not give me the case. I told them I would give them something more if they would give it me. I charged the watch with them, and took them to the watch-house. The constable examined them at the watch-house. The prisoner said, if I would forgive her, she would give it me again, and that the other girl knew nothing of the matter: she went and fetched the case out of the street, where she had hid it (produced in court and deposed to.) I can swear to the case, because there is a piece of the shagreen broke off.

John Handry . On Sunday morning the first of this month, the prosecutor brought the prisoner to the watch-house. She said, if I would go with her she would get the case. We went: she put her hand down by a wooden pipe, where there is a waste cock; she said, there it is, and gave it me. This was in the narrow part of Holborn, near St. Giles's.

Prisoner's defence.

I was standing in the street talking with some women. The prosecutor came up and talked with me. He pulled out his handkerchief very often, and so I suppose dropt it. I found something against my foot. I stooped and picked it up; I did not know it was the gentleman's. As I had been a long time with him, he gave me a shilling for my trouble.

Acquitted .

62. (M.) Sarah Turner , otherwise Anne Briant , spinster , was indicted for stealing a linen gown, value 5 s. a linen shift, value 1 s. a cloth cloak, value 2 s. two linen caps, value 1 s. a linen handkerchief, a pair of stays, two aprons, a pair of stuff shoes, a pair of worsted hose, and a silk hat , the property of Sarah Nixon , widow, November 7 . *

Sarah Nixon . I lost the things mentioned in the indictment (mentioning them) on the 7th of November, at night, between 7 and 8 in the evening. I had been out to work, and left the prisoner with two of her brother's children in my house, and bid her take care of the house; she does not live in my house, but used to be backwards and forwards to her brother. When I returned, I missed them directly. I went after the prisoner, and took her in Eagle street, near the Hay-market. I charged her with taking them; she owned to every thing, and went with me to where she had pledged them; there I found them.

Anne Leighton . The prisoner at the bar pledged with me this apron and handkerchief, on the 8th of November.

Anne Rimas . I bought this sheet of the prisoner on the 8th of November.

Sarah Parrot . The prisoner pawned this shift to me for a shilling between 4 and 5 o'clock that afternoon.

Hannah Tweedle . The prisoner pledged this gown to me the 9th of November.

Anne Bishop . The prisoner pledged these stays and hat on the 9th of November. (The goods produced and deposed to.)

Prisoner's defence.

She lent me these things to go to see after a place, and after that swore a robbery against me.

Q. to prosecutrix. Did you lend the prisoner these things?

Prosecutrix. No, I did not.

Guilty , T .

63. (M.) Anne Turner , widow , was indicted for stealing a cambrick handkerchief, value 3 d. a linen napkin, a linen apron, two pair of stockings, and a pillowbier , the property of Thomas Stewart , October 20 . ++

Thomas Stewart . I keep a public-house in Ratcliff-highway . The prisoner nursed my wife in her lying-in . My wife lost a pair of Dresden ruffles, and a piece of lace, which caused inquiry to be made among the servants: she that same day, the 20th of October, took her things away. I asked my wife if she had discharged her nurse, she said no. I sent my servant after her, but in the mean time she came back; I said to her, nurse, I do not think you have used me well, you have been informed these things are lost; you might, to clear your character, have desired your mistress to have looked over your things.

Q. How long had she been gone?

Stewart. I believe she was not gone above 20 minutes, or half an hour; she said she knew nothing of the ruffles; I said, I beg you will let me know where you have carried your things; she said she had been to the baker's; I knew that was a falsity, for I had sent there. Then she said she had been to her lodgings, I knew that to be false also; she would not tell me where she had carried her parcel. I went to a brother at the next door to have advice; in the interim she came down stairs, and went out. My wife followed her. I thought she was going to the place where the things were. She walked about the street. My wife met a person whom she knew; she desired him to come and tell me that the nurse was only dodging her to tire her out, and desired I would come to Virginia-street. I went, but could not find her. She at last carried my wife to where the things were left. My wife sent for me to the bottom of Nightingale-lane; there were the nurse and my wife; the things were opened; there were a cambrick handkerchief, a piece of lace, a napkin, an apron, four pair of stockings; the stockings I can swear to. We did not find the ruffles.

Mr. Stewart confirmed the account given by her husband, and deposed to the things to be her husband's property.

Gabriel Slater . I was in lodgings in the same house where the nurse brought the bundle in. Mrs. Stewart came, and I saw the bundle opened, and the things taken out.

Prisoner's defence.

I put them up through mistake among mine.

Guilty , W .

64. (M.) George Erwin was indicted for stealing two planes, value 1 s. two iron saws, value 3 s. one iron cramp, value 1 s. the property of Edward Lindsay , November 20 . ++

The prisoner was journeyman to a cabinet-maker in Holborn. The things mentioned in the indictment were missing: they were found at Mr. Watson's, a pawnbroker, the corner of Leather-lane, pawned by the prisoner in his own name (produced in court and deposed to.) The prisoner in his defence said, that he took them to do a jobb at home, and through necessity pawned them. He called Jonathan Wadland , Catherine Curtis , Sarah Scarbrough , Jacob Minter , Joseph Slack , and Francis Brittan , who gave him a good character.

Acquitted .

65, 66. (M.) Elizabeth Adams , and Elizabeth Beckett , spinster s, were indicted for stealing two 36 shilling pieces, three guineas, and half a crown , the money of Hardington Holdsworth , November 29 . ++

Hardington Holdsworth . On the 29th of November I was walking homewards towards Rosemary-lane, very much in liquor, I was stopped by several women: where they carried me to I do not know, nor how they used me; I was not sensible. I had 300 l. in Bank notes in my pocket book, and my watch besides. I went into a house; the people tell me since, it was the same place where Mr. Smith, clerk at the Bank, was robbed and murdered *. It was up a court near Church-lane. When I came out of the house, I found I had no money in my pocket; so I lost there two 36 shilling pieces, three guineas, a half crown, and some halfpence. I had my pocket book, with my papers in it, in my side-pocket. When I got out, I laid hold of a woman that had hold of the latch of the door: I told her she was the person, or one of the persons, that had robbed me. She said, no, she was not. I said she should go to the watch-house; I dragged her all along to the watch-house. While I was dragging her, she cried out Cobey, I believe fifty times: that was the person that was to attack me in case any thing should happen. I told her if I was to die I would not leave her. When I came to the watch-house, I believe it was between 7 and 8 o'clock; there was neither watch nor constable. I had a friend went up to the beadle of the parish and got assistance. I offered two guineas to have the people apprehended, so that I might but have my money and the people brought to justice. I went to a dozen public houses, and could find none that I could swear to. I can swear both the women at the bar were in company in the house, but can't swear they are the people that robbed me.

* See the trial of Grief, Delaney, Catherine Adams , and Elizabeth Wall, the last an evidence on this trial, No 481, 482, 483, 484. in Septemb. Sessions.

Q. How many women were in your company?

Holdsworth. There were four. I was making water at the corner of the alley, and was hauled along by them.

Q. Can you recollect who robbed you, or how you was robbed?

Holdsworth. When I came into the house, they asked me to send for something to drink. I had three guineas, and half a guinea, and half a crown; the last was marked with my own name. I told them I would not part with that, I would change the half guinea: I said, when they brought in the change, I would give it them.

Q. Are you certain you lost your money there?

Holdsworth. I was fuddled, but I could walk very well. I know I had my money in my hand, being a fool in my liquor, and pulled it out of my pocket.

Elizabeth Wall . I was in at the Three Tuns, a public house, having some beer, and Elizabeth Adams came in, and called for 2 quarters of brandy, and change for half a guinea: she desired the brandy might be brought over, and the silver; for she said the company would not trust her with the half guinea. She called me out, and asked me to go over the way and drink a glass of brandy with her and her acquaintance. I went over; the gentleman was sitting by the fire, and Elizabeth Beckett in another chair. Elizabeth Adams bid me sit down by the gentleman, which I did: she asked him to send for another dram, which he did, and we drank it: she asked him to make me a present; he put his hand in his pocket and gave me a shilling. After that the company asked me to sit down, and I did. After that the gentleman sent out for another dram; that made the third dram. Then she asked me to pull off my cloaths and go to bed. He said he could not stay all night, if they would give him ever so much. She bid me go to bed. He pulled off his cloaths and put them on the bed, and his breeches under his head. Elizabeth Adams insisted on coming and lying across the bolster of the bed: she went to kiss him, and put her hand over his face and took his breeches away, and carried them out to Elizabeth Beckett ; I was sitting on the bed's side with the gentleman. They were about 5 minutes in the entry; then Beckett brought in his breeches, and put them under his head, where he had put them before. Beckett called me out, and Elizabeth Adams opened her hands and said, here is the money, I took it out of the gentleman's pocket; I sent Beckett in with the breeches, for fear he should lay hold of my hand with the money in it. She said, will you go along with me, we will have a pot of hot. I went with them both; they called for a pot of brandy hot. Adams asked the landlord to give her change for a 36 shilling piece; he did: after the pot was out she called for another, and changed another 36 shilling piece at the bar: then she took me into a back parlour, and made me a present of half a guinea. I went away and left them both, and never saw any more of them till I was sent for by the constable, who said he wanted me, to know if I knew any thing about it; and I told him the whole truth.

Q. Who came for you?

E. Wall. James Sullivan * met me, and told me they wanted me; so I went with him to the constable's in Goodman's-fields.

* See Sullivan an evidence for Esther Coleman , No 36, first part.

Q. Whose house did you see the prosecutor and these women in?

E. Wall. It is the last house in the lower apartment, belonging to Elizabeth Adams .

Court. I wonder how you can attempt to go into that court again.

E. Wall. I have not lived in that court a good while.

Court. Advice will be but thrown away upon you, so I don't say any thing to you; I have no hopes that you will live above a sessions or two; you have had warning sufficient.

Adams to prosecutor. Whether your cloaths were ever off while you was in the room?

Prosecutor. They were not off to my knowledge; they were no more off than they are now. I was very careful of my cloaths, because I had 300 l. value in my pocket at that time. At the Rotation Office, Elizabeth Wall swore, that another woman, a lusty woman, took my breeches off the bed. I had my watch safe in my breeches pocket.

Q. Who was the woman you first took up?

Prosecutor. Her name was Catherine Smith ; she said she was left to take care of the door, by the woman of the house, that is, Elizabeth Adams .

Q. Who did you offer two guineas to, to take up the people that robbed you?

Prosecutor. I spoke to James Sullivan ; he said it was not worth his while to look after them: then I offered him two guineas, and he very soon after brought Elizabeth Adams . He took from her three 5 s. and 3 d. pieces, and 23 shillings in silver. I was by at the time. I know nothing against Beckett, any farther than she was at the door.

Q. Do you remember seeing Wall in the room?

Prosecutor. I do.

Adams's defence.

This Elizabeth Wall would come into my room with this gentleman, and were sitting on the side of the bed when I went for some beer, and when I came back they were gone. After that I met with Sullivan, he said he heard Elizabeth Wall had robbed a man; I told him I knew nothing of it: he said, I must go to the watch-house, but if I would give him part of what I had got he would let me go free. I told him I had no more money than what belonged to me. He took my money, and gave me only 10 s. of it. He got Wall sworn to be an evidence, to swear our lives away, to get the money the gentleman proffered him. I hope the court will take it into consideration. I am as ignorant of the money as the child unborn. If the gentleman was robbed, she robbed him.

Beckett's defence.

I was in the house when Wall came in, but never afterwards.

Mr. Noy, a juryman. About a fortnight ago I happened to be at the Rotation Office, I there heard Wall say, that a lusty woman that was there was the woman that took the breeches out and brought them in again; she swore that before Justice Scott.

Both acquitted .

67. (L.) Morea Abrahams was indicted for feloniously receiving two silver pint mugs, the property of William Abedward , well knowing them to have been stolen , by John M'Kenzie , July 17 , who was tried and convicted for the same, in September Sessions last. ++

See No 488. in the last mayoralty.

The record of the conviction of John M'Kenzie read in court.

William Abedward . I was obliged to put off this trial last sessions, on account of Israel Cowen, jun. who was to have been a witness on this trial, being ill; since then he is recovered, and is now, by some means or other, out of the way again, and I cannot find him.

Jeremiah Ryan . The night after M'Kenzie and I stole these mugs, we went up to Duke's Place, and met Israel Cowen: we asked him if he would buy any silver, he said he had just left a man that would, and that he would go and look for him, and bid us stay; he brought a little man, and the little man went and fetch'd Morea Abrahams, the prisoner at the bar to us in the Minories. I stood about six or seven yards off, while M'Kenzie talked with him. I could hear what they said. I had one mug in my coat pocket, the other in my bosom. He said he would give him two guineas for them unsight, unseen. M'Kenzie said, before he would take two guineas for them he would throw them into the Thames. Morea Abrahams said, if you will go up into the fields, and let's look at them, may be I will give you more, it is according as I like them. We went into an alehouse in an alley, and had a pint of beer; there the little man came to us. Abrahams walked on the other side the way. When we came out of the house, we crossed an alley and came into Prescot-street, and Israel Cowen along with us. Abrahams went on a little before. When we got to the top of Prescot-street, I saw Murray the thief-taker. I said to M'Kenzie, here is Murray; he said, push it down the street; so we ran, and he took M'Kenzie. I went up to the Mulberry Gardens, thinking he would come to me. When I had staid about an hour, Israel Cowen came to me, and said M'Kenzie was taken; he said, he thought the mugs were worth more than two guineas, so he took me round a back way into Duke's Place again, and then he got the little man, and he went up stairs in the little man's house, and talked Dutch. I could not tell what they said. Then I went for Morea Abrahams, and they went up stairs in a chandler's shop that is in an alley, and bargained for the money. Israel Cowen brought me two half guineas and a guinea, and said he had but two shillings for his trouble; afterwards he said he had got half a guinea.

Q. Where was you at the time the bargain was made?

Ryan. I went to the end of the alley.

Israel Cowen the elder. I am a Jew butcher. When I came home on Thursday night, the 18th of July, I was informed my son was taken up, and in goal. I did not trouble myself about it that night, but went the next morning to the poultry compter, and asked after my son; instead of my son, Morea Abrahams came down. I asked him after my son; he said, he knew nothing of him. I said, I hear there is something between you and my son about the mugs; I said, what is become of them; he said, there is no brooms in England can sweep the mugs together again, and if you can keep a secret, I will trust you with one. Give me your hand, so I gave him my hand, with intention to speak the truth, if it should be of any consequence. He said he had the mugs, that he gave two guineas for them, and my son half a guinea for brokerage. As I had my foot on the threshold of the door going away, he said, come hither Cowen, you can do me a kindness, if you will go to New-Prison, there you will find your son, tell him not to speak against me, and I will maintain him all the while he is in prison. I said, I will not trouble my head with it at all. I went to New-Prison to my son.

Q. Were the mugs you asked him about they that were stolen from Mr. Abedward?

Cowen. I heard there were some mugs stole, but did not know from whom.

Q. to Ryan. What day were the mugs stole?

Cowen. I believe it was on a Wednesday night.

Abedward. The mugs were stole on Wednesday evening, the 17th of July.

Cross examination.

Q. What are you?

Cowen. I am a Jew butcher.

Q. Who did you inquire of when you went to the compter?

Cowen. I inquired of the turnkey for a young man in a blue suit of cloaths in the place; and instead of my son, Morea Abrahams came down. There was nobody in the kitchen but he and I.

Q. Have you had any quarrel with Abrahams?

Cowen. No, never.

Q. Where do you live?

Cowen. I have lived 25 years in three rooms in Stony-lane.

Prisoner's defence.

I don't know Cowen, and I never saw Ryan in my life.

Cowen. Don't you know me? You and I are first cousins: it is strange you don't know me.

Prisoner. I am a grocer and tobacconist .

To his character.

Nicholas Row . I live in Duke-street, St. James's. I keep a grocer's and cheesemonger's shop. I have known the prisoner six years. He sells tobacco, snuff, sugar, and tea. I have bought a great quantity of him. I always found him to be a just honest man in his dealings.

Q. Is he a housekeeper?

Row. I can't tell that.

Peter Bourn . I live in a street near Covent Garden. I am a grocer. I know the prisoner very well. I have dealt with him 8 years. He always behaved honest and honourable in his dealings.

Henry Jacobs . I live in Duke's Place: I am in the jewellery way: I have known the prisoner 15 or 16 years; he always bore a very honest character; he lived hard by me 12 months, about 12 years ago: after that I took him in a partner; he behaved very honest and just.

Samuel Davies . I keep a silversmith's shop in the Minories. I have been very well acquainted with the prisoner a dozen years: he always behaved exceeding well, and bore a good character. I have trusted him at times, and he paid me very honestly, and behaved very genteel in all the dealings I ever had with him.

Lion Levi. I am a merchant. I ship goods for Hamburgh and Denmark. I have known the prisoner above 12 years: I never heard any harm of him in my life; he has borrowed money of me, 20 or 30 l. at a time, and paid me honestly.

William M'Carey. I live in the old paved alley, St. James's, and keep a chandler's shop, facing St. James's gate. I have known the prisoner about three years; I know him to be an honest man for all the dealings I have ever had with him.

Simon Davis . I have known the prisoner about 12 years; I never heard any harm of him.

They were all asked separately whether they knew Israel Cowen, and most of them answered, they did. Upon being asked what was his character, whether good or bad, not one denied but that he had a good character.

Guilty , T. 14 .

68. (L.) William Stone was indicted for stealing 47 yards of silk ribbon, value 18 s. the property of Gilbert Pudner , October 21 . ++

James Woodward . I am servant to Gilbert Pudner , a haberdasher of small wares in Fleet-street , opposite St. Dunstan's church. On a Monday night our shop window was broke open between 6 and 8 o'clock; there were ribbons lying near the place. The evidence Brown was taken up upon the information laid against him before Sir John Fielding , and brought to our shop between 10 and 11 o'clock the same Monday night, and for fear of being taken to the watch-house, he confessed. I went with him about one o'clock in the night, and took the prisoner, by his direction, in Northumberland-street. He was lying on a wad of hay, in a stable-yard, belonging to the waterworks, with the ribbons upon him (produced in court.) Here is a mark upon one of them of my own making.

Q. How much does that piece contain?

Woodward. There is about five yards and a quarter of it: there was a ribbon rough made for a lady, found also, which he had given to a girl, (that is not in the indictment.) When the prisoner was charged with breaking the prosecutor's shop window, he begg'd forgiveness, and said it was the first time he had done such a thing: he was searched, and in his pocket was found 2 pair of plated buckles; they did not belong to us. We took him to the watch-house.

James Brown .

Q. How old are you?

Brown. I am between 14 and 15 years old.

Q. How long have you been a thief?

Brown. Not long. I never was with the prisoner but this time in my life, to take any thing. He broke the gentleman's window.

Q. How did he break it?

Brown. He pushed the glass in, and I pulled the ribbons near with a wire, and he took them out with his hand: they were of different colours: he gave them to me, and I put them in my pocket. He afterwards took them from me, and kept them in his own pocket: then we came by Temple-bar, and a soldier followed us. The prisoner looked in a hosier's window when we came to St. Clement's church: the soldier said he saw him going to break into that shop; then he said I belonged to him, and he took me up; then he said, if I would tell what I had done at that shop, he would let me go; so I told. The prisoner ran away. The soldier carried me into Drury-lane; there he met one of Justice Fielding's men; he delivered me up to him, and left me. I knew the soldier before; he had a son transported, and I knew he knew us. Sir John Fielding 's man carried me to the prosecutor's house, and I helped them to find the prisoner at the bar.

Q. How did you know where to find him?

Brown. He told me when he ran away, that I might find him there.

Q. Who told Sir John Fielding 's man what house you had broke, the soldier or you?

Brown. I did.

Prisoner's defence.

About 8 at night I met that boy by St. Clement's church: he had some ribbons, and two pair of plated buckles. He said, will you see what I have got; I took them. After this a soldier, whose name is Jones, came across the way. As soon as he saw him, he ran through a court; Jones followed him. After that I went down the Strand, as I did not know what to do with the things. I staid in Covent-garden, thinking I might see him, and give him his things again. I had no money, I went to this place, and fell asleep. Between 12 and 1 o'clock, one Wilkins came with another man and this boy, and took me. He found the things about me; they carried me before Sir John Fielding : this lad was here last sessions, and was cleared. I have seen this boy at the end of Eagle-court three or four months ago with this Wilkins that is now cast. Brown the prisoner pawned a ball of ribbons for 8 d. He had 6 balls in all.

Guilty 10 d. T .

There was another indictment against him.

See Brown an evidence, No 5, 6, 7. in first part, against Shields, Rich, and Fleming.

69. (L.) Adam Thompson was indicted for stealing a gun, value 18 s. the property of Henry Pyefinch , and two bottles filled with rum, the property of persons unknown , November 7 . ++

Henry Pyefinch . I am an optician ; I was burnt out when the fire was in Cornhill. On the 7th of November my man told me he heard a man was taken into custody, for stealing a gun, my property. I went to the constable's and saw it there I also saw two bottles of rum: the prisoner was then in the Compter.

Q. Did you attend his examination?

Pyefinch. I did not; my affairs were so perplexed at that time (a gun produced in court). I believe this to be my property.

Thomas Robinson . I am a shoemaker: when the fire was in Cornhill, my landlord and I went to assist Mr. Pyefinch: the prisoner and several other men were in the house at the time. A young man took hold of this gun, and said, I'll carry this over to the church, that was the place where Mr. Pyefinch's goods were deposited: said the prisoner give it to me; no, said the young man, I can carry it myself: but the young man soon delivered it to him. When he had got it of the young man, the prisoner wink'd to me: I thought he had some ill design, so I thought proper to watch him. Presently after he stooped down; I put my hand behind him, and felt something hard on each side, in each coat pocket. After that, I perceived something in his breeches; I felt: he said, hold your tongue, follow me. I was determined to follow him: I followed him down the street, and before I got down he was out of sight. I ran towards the 'Change, and overtook him by St. Michael's church. When I overtook him, he said, now we'll go and have some beer together. As he was going by the sign of the Mansion-house, facing the Mansion-house, I said, here is a public house. Said he, have you any money in your pocket: I said, no. Said he, I'll have some beer some way or other. He said to the woman, take care of my fire-lock (note, the prisoner was a soldier in his regimentals), and gave the gun to her: then he went further into the house, and offered the liquor he had in bottles to sell; the woman would not buy it. We had some tobacco, and he wanted more. I said, I must go home to work: then he said, if you will not stay, we will go to Mr. Pyefinch's house, and take each a bundle, and carry them to the church, and make him pay us. He told me he had made upwards of 50 l. for himself that morning. He left the gun, and two bottles of liquor, in the bar at that house. We went both to Mr. Pyefinch's house, and into that room where he had the gun from. Soon after I perceived he was gone. I told two young men what he had been doing, and what he had told me, and desired their assistance to take him; and desired them both to follow me out of the house. We followed him to the church, and told Mr. Holmes the affair, and desired to go to the house where the gun was, and ask for it: he did. Coming up again to see for the prisoner, we met the prisoner going up the entry into the house for the gun and liquor: we secured him there, and took him to the Compter. It quite slipped my memory to have his breeches examined for what I felt hard there.

Charles Holmes . This evidence, Robinson, came to me, and said, you are a proper constable, I wish you would go along with me; a soldier has carried a gun and two bottles of liquor to the Mansion-house alehouse, and he believed he was there: we went, but he was not there; but the gun and liquor were. We called for a pint of purl, and when we were coming out of the alehouse door into the passage, there we met the prisoner. Robinson said, that is the man: I said, soldier, you have been robbing at the fire; he said he had not: I said, how came you to carry these things so far? he answered, he carried some to one place, and some to another.

Prisoner's defence.

That morning I was coming from guard; I stopped at the fire. A man came and said, soldier, how can you stand there and not assist? He asked my colonel's name; I said Colonel Hays. He said, I'll take care you shall not be blamed for missing your duty. I assisted, and carried over things to the church. I brought this musket from a two pair of stairs room to the church: there was a constable standing, he said no fire-arms should be carried into the church. I said, where must I carry it? he said, he did not care, it should not come in there. I asked a fire-man to give me a little drop to drink out of a bottle; there were 3 or 4 bottles stood by him. He said, here, do not bother me, none of you; you soldiers have been pressing me for liquor all this morning. He gave me the two bottles, and I put them into my pockets. I knew no other place to carry them to, than to that house where I did carry them. It is a house where I have been before. I gave them to the landlady to take care of. I said to her, if you chuse to take them you may; she took them in charge into the bar. Said I, Somebody will have the musket, but as for the bottles, they were given me. This young man was along with me: if he saw any thing in my breeches, there were company enough in the house to have searched me. I went back to the fire again, and was helping down with things. Coming down the stairs, they were so slippery with the water, that I fell backwards over the bannisters, that I was not able to work any more. I have been so bad since, as not to be able to turn myself in my bed; one of the fire-men picked me up, and sat me down by the side of a house. When I came to myself, I was coming towards home; I met this man and constable; they asked me if I knew any thing of a musket and two bottles of liquor: I said I brought a musket there, because they would not let me carry it into the church. They took me to the Compter, and in a quarter of an hour to the Mansion-house. After that I was carried before the Alderman at Guildhall; that young man, the evidence, said, after I was committed, he should not have given himself so much trouble, but that he wanted to be paid for his labour.

Q. to Robinson. Why did not you discover this when you got back to Mr. Pyefinch's house?

Robinson. He was gone in an instant out of sight. I went as fast as possible after him.

Q. How long might he be out of the house before you?

Robinson. I think not above a minute or two before me. I first saw him beyond the church, almost by the Royal Exchange, on the other side the way.

Q. to Holmes. Did the prisoner say any thing to you about being refused carrying the gun into the church?

Holmes. No, not a word.

Q. Did he tell you the two bottles of liquor were given him by a fireman.

Holmes. No, he did not.

Q. Did they appear to be full?

Holmes. They did.

Q. Was the prisoner sober?

Holmes. I believe he was a little in liquor.

To his character.

Jeremiah Wilmore . I belong to the same company; I have known him four years all but three months; he always behaved well, with an honest character since I knew him.

Acquitted .

70. (M.) Benjamin Watkins was indicted for stealing half a pound weight of green tea, value 2 s. 5 pounds weight of hard soap, value 18 d. one pound weight of tobacco, value 10 d. the property of Joseph Fisher , October 13 . ++

Joseph Fisher . I am a grocer , and live in Carnaby market . On the 13th of October last, between 3 and 4 o'clock, John Scoles came to my house, and said he wanted to speak with me; I took him into the dining-room: he said I had a servant in my house that was a thief, and asked if that was my man that let him in. I said yes, (that was the prisoner,) he had lived with me 12 months, all but 2 days; Scoles said he could tell me where he had disposed of some goods, which he did.

Q. In what capacity was the prisoner?

Fisher. He was my porter , and lived in the house, I went and inquired, and found what Scoles had told me to be true; I found tea, soap, and tobacco, in Vere-street, Clare-market, at Mrs. Cheaseman's. We put her and her husband in the round-house: the next day they were examined before the Justice; we took the prisoner up the next day; he was examined before Justice Welch, and owned that he had taken a little tea out of my shop, and had brought it to Mrs. Cheaseman's lodgings, who washed for him. There was about half a pound of tea, and 5 pounds of soap, and about a pound of tobacco, found at her house; we brought them away, and lodged them in the constable's hands. On his second examination he said he bought a pound and a half of tea, at 4 s. a pound, of a smuggler.

Cross examination.

Q. Whether you did not get the prisoner in goal, and make some proposals to him.

Fisher. I went to know what he had robbed me of at times?

Q. Did you make him a promise if he would confess?

Fisher. I never desired him to confess.

Q. Have you not some money of his in your hands, did you never make a proposal to him about that money?

Fisher. No, I never did, I could not swear to the money.

Q. Did you not desire the prisoner to confess this charge, and let you keep that money, that you found in his box?

Fisher. No, I never did.

Q. Did you never tell him the consequence if he did not confess?

Fisher. The Justice did, before I did.

Q. Did you not tell him, if he did not confess, and let you have the money, he should be hanged?

Fisher. No, I did not mention hanging. I asked him how he could make it appear that money was his; I told him he might be transported: I told him I would not lay it capital.

Q. Did he mention selling or giving Mrs. Cheaseman tea?

Fisher. He said nothing of selling it, he gave it her.

Q. Have you not been in goal to him, terrifying and frighting him?

Fisher. No, I have not.

Q. Did you not go there to desire him to give you a draft?

Fisher. No, he sent it me.

Q. Where was it wrote?

Fisher. It was wrote in goal.

Q. Who wrote it?

Fisher. I wrote the order, and he signed it.

Q. How long was this after he was committed?

Fisher. A good while after that.

Q Did you not threaten him, to extort that draft from him?

Fisher. No, I did not.

Q. How came he to give it you?

Fisher. He gave it me for fear it should be lost, and he did not think proper to trust Mr. Sharp with it.

Q. What is it?

Fisher. It is a share in a lottery ticket.

Q. Did not you promise him not to prosecute him for it?

Fisher. No.

Q. Was he not pressing you to pay him his wages?

Fisher. I paid him 2 guineas.

Q. What was his business in your shop?

Fisher. To weigh goods, and carry goods out.

Q. Had you a letter to his character when he came to you?

Fisher. I had, from Bristol.

John Scoles . On the 13th of October last, I met with a friend, who invited me to breakfast; I complained of the tea being very bad, for when I drink tea, I neither drink milk nor sugar with it: said my friend, if I could get tea as my neighbour does, I might have better; for the man that sells it, robs his master, and brings 4 or 5 pounds as he can get it. She told me who was the master, so I went and informed Mr. Fisher of it; then he and I went to Mrs. Cheaseman's, and asked if Tom the merchant had been there; my friend told me he went by that name: they said he had taken his shirt away, and had left some hard soap, which we found; it was about 4 or 5 pounds, and some tobacco. We confined her in the round-house; then we went and carried the prisoner there. I said if he had carried on this correspondence, he must be worth money; the prisoner whispered me to ask his master to let him have something to live upon, or to drink. We went home, and found in his breeches pocket 10 guineas, and in a paper in his box 9 guineas, and an 18 shilling piece, and in another place 4 shares, and a whole lottery ticket; then we came on a third examination: he then complained he was greatly distressed for cash, and desired his master would give him something to support him, out of his own money. Mr. Welch ordered him the 18 s. piece. I said, this fellow has never been searched, he may have cash about him. The Justice said we might search him. I found in his breeches before, in a rag, very near 20 s. in silver, and in his fob I found a watch; we had found one before in his box. The Justice said you may as well pull off his shoes: we did, and found 5 guineas and a half in one shoe.

Q. Whose money did he say it was?

Scoles. He said it was not his master's, but the soap he owned was his master's, and that he stole it out of the cellar, and hoped his master would forgive him.

Q. Where did he own this?

Scoles. This was before Justice Welch; as to the tobacco, he said a soldier, or porter, gave it to him, upon the keys: he was contradicted in that, being told there was no cut tobacco there; he went on his knees, and asked the Justices, and his master's pardon.

Cross examination.

Q. Pray who is this lady that you drank tea with?

Scoles. She was in prison with me in the Marshalsea prison.

Q. What is her name?

Scoles. They call her by the name of Optick.

Q. What is her real name?

Scoles. I believe her name is Mansfield, she was very intimate with Mrs. Cheaseman.

Q. Had Mrs. Cheaseman and she had a quarrel?

Scoles. I really believe they had.

Q. What are you?

Scoles. I am an old discharged serjeant of the guards, and I now am employed at times to be put in possession for the Sheriffs of Middlesex.

Peter Smith . Mr. Fisher received information from this last evidence, of having a person in his house that robbed him. I being constable, was charged with him, on the 13th of October; he acknowledged before Justice Welch of having stole soap, and to the best of my remembrance he acknowledged taking tobacco and tea.

Q. What words did he make use of?

Smith. He first of all said he bought the tobacco of a man that stole it from off the keys. When he was told there was no cut tobacco there, he acknowledged he took it from his master, and he acknowledged he took tea by little at a time.

Q. Which examination was this?

Smith. I believe this was the 2d examination, but cannot be sure whether it was not the 3d; the things were produced before the Justice, and he was charged with having stole them.

Q. to prosecutor. Are you able to swear to either of these things here produced?

Prosecutor. They answer to the samples which I have here, I cannot swear to them.

Q. to Smith. How came you upon all these examinations?

Smith. I and Mr. Fisher married two sisters.

Q. What did the prisoner say to the soap?

Smith. I remember extremely well, the Justice said, now you are got over the soap, what do you say to the tobacco and ginger?

Q. Then by that did you understand he confessed it?

Smith. I did.

Prosecutor. I delivered the prisoner all his money, and the tickets, by the order of the court, yesterday.

Joseph Wilson . I live at Paddington; I was sent for by the prisoner: when I came, he said it was not particularly me that he wanted, it was his master Fisher; that was to show Mr. Fisher he had received a letter from Bristol, from a person he there served, concerning money that he had. I desired him to tell his master how he got the tea out of the cannister: he told me when the shop was crowded with goods, he used to roll the cannisters into a passage leading to the cellar, and that gave him an opportunity to take it out of the cannister. I asked him how he managed to take that which was found in the hay-loft, where his master came from: he said he was sent to the India-House for a chest of tea, and some came out, and he took it.

Prisoner's defence.

I was first taken to the alehouse, and confined there all night; coming from thence, Joseph Wilson 's son said, you dog, your box has been opened, there were found tickets and money, which you have robbed your master of: now you will be sure to be hanged. If you will own the fact, your life will be saved, otherwise your life is gone; therefore prepare yourself, for you have but a short time to live; I did not know what I said or did. I had desired the rector of St. Michael's at Bristol to put some money out to use for me. I sent him word what had happened; he sent my character up, and likewise word that I had applied to him to put out money for me when I lived at Bristol: here is my brother that was with me when I bought one of the watches at Bristol, the other I bought at an auction. I had no thoughts of buying it, but I said, Sixpence more; then it was knocked down, and I was obliged to have it. I had a note with it, that if it failed in a year, I was not to be at a single farthing more expence, and that note was in my pocket; they took all my substance from me.

To his character.

Anne Hill . I live at Westminster; I lived fellow-servant with the prisoner at Bristol, with the Rev. Mr. Sayer: he lived two years there: he was very honest, and I never heard to the contrary; he was trusted to buy things for the house.

Edward Jones . I live near Temple-bar; I knew the prisoner in Wales; I lived with the same master he did for five years; he was there before me; he always bore a good character; I have heard his master praise him as a very honest, sober man.

- Watkins. I am the prisoner's brother; I live servant with merchant Smith at Bristol; when he went from Bristol he was worth upwards of 50 l. he has been gone from me about ten years and a half: he and I bought each of us a watch together at Bristol fair; he bore a good character.

Elizabeth Cheaseman was called, and did not appear; her recognizance was ordered to be estreated.

Acquitted .

(L.) He was a second time indicted for stealing two pounds weight of green tea, and a pound of sugar , the property of Joseph Fisher , October 16 . ++

The evidence the same as on the former trial for the prosecution; but this was found in a hay-loft belonging to the prosecutor, in the city of London, and therefore triable only by a London jury. The prisoner denied the charge, and called his attorney.

Mr. Ridgeway. I was employed as attorney for the prisoner, who complained to me that Mr. Fisher had taken from him his watch, money, lottery-tickets, and his papers. He had obtained an order from him, during his imprisonment in the Gatehouse, for the receipt of 13 guineas from Mr. Sharp, an office-keeper in Holborn; that he owed him also 11 l. for wages; so being divested of all his property, I went to Mr. Fisher, and desired him to pay him his wages, in order to subpoena the Rev. Mr. Sayer, with whom he formerly lived servant, and to return a letter he had in his possession from the prisoner's brother, which contained a direction where to write to him. Mr. Fisher denied giving him the letter, or paying him his wages, or the 13 l. he had obtained from him, while in prison; or delivering up to him any other part of his property, by which he might be enabled to make his defence.

Q. Whether Mr. Fisher did not tell you that the things were in the hands of the constable?

Ridgeway. No, he first denied having it; then he had it; then he had it not: at last he said the constable had it; I then asked only for his wages.

Q Did he not tell you the constable had the rest of his effects?

Ridgeway. He did. Acquitted .

71. (L.) William Chettle was indicted for stealing a cotton handkerchief, value 5 s. the property of Samuel Barnard . ++

Samuel Barnard . Last Tuesday was a week, I was walking up Cheapside , I felt a hand in my pocket; I turned round, and in that instant the prisoner snatched his hand out of my pocket; I seized him by the collar, and charged him with picking my pocket: while both my hands were busy in securing him, I could see him shuffling my handkerchief into his left side-pocket; I did not observe any body near him at that time, but a little after I think there was a little boy near him. I led him to the Compter myself, and there had him searched; we found 2 handkerchiefs upon him, one was a large silk India handkerchief, and the other less, but my own was not found.

Q. Can you be sure from the fact, that your handkerchief was drawn out that instant?

Barnard. No, I cannot, I saw his hand busy afterwards shuffling something into his pocket, but did not see my handkerchief. I had made use of it but half a minute before.

Prisoner's defence.

I am an upholsterer , after I had done my day's work, I was going to my sister's, that lives at the Seven Dials, to return her a handkerchief I had borrowed to bind round my head, when I had the tooth-ach: there were several people that made a sort of a croud, they pushed me next the posts. I being next the gentleman, he turned round, and said I had got his handkerchief. I desired him to search me; they took 2 handkerchiefs out of my pocket, one I was going to return to my sister, the other I had for my own use. I work for Mr. Kemp at Clerkenwell.

Acquitted .

John Jones , tried in October sessions, 1764, and Elizabeth Dunn , in last September sessions. The two last were respited for the opinion of the Judges.

Margaret Weston , capitally convicted, July 1764; John Hall , last February; and Elizabeth Gould , last September, to be transported for 7 years.

Thomas Fletcher , in October 1764; Elizabeth Stanfield , otherwise Ogden , in December 1764; Richard Dale , last January; Mary Edwards , last May; and Thomas Little , last July, to be transported for 14 years.

John Hands and John Robinson , in September 1764; William Dunn , in December 1764; John Sullivan , last January; John, otherwise Thomas Robinson , last April; William Abbot , Anthony Vacheron , and Anne Smith , last July, to be transported during their natural lives.

William Richardson , capitally convicted in October sessions, was executed on Wednesday the 13th of November.

The trials being ended, the Court proceeded to give judgment as follows:

Received sentence of Death, 10.

Stephen Wheat , Robert Tull , James Wilkins , Robert Scott , Edward Bonson , Mary Pyner , John Aldridge , Thomas Reynolds , John Jones , tried in October sessions, 1764, and Elizabeth Dunn , in last September sessions. The two last were respited for the opinion of the Judges.

Transported for 14 years, 2.

Mary English and Morea Abrahams.

Transported for 7 years, 33.

Anne Connel , John Temple , Catherine Wicks , Thomas Anderson , James Smith , William Gelvin , Thomas Atkins , William-Reynolds Bird , William Stone , Thomas Johnson , Eleanor Nevil , Dennis Shields , Thomas Goad , Anne Tovey , Martha Eyles , William Wittall , Anne Clifford , William Clean , John Evans , otherwise Harris, Richard Godwin , Henry Mac-Neal , Isaac Barnfield , Jenkin Howard , Jane Trueman , John Pritchard , Nathaniel Hughes , John Biggs , John Treviss , Esther Coleman , Sarah Turner , Elizabeth Brown , otherwise Hilman, Charles Johnson , and George Hill .

Branded, 1. Anne Ashby .

Whipped, 3.

Anne Turner , Maria Southway , and Jane Jones . The last 100 yards in Aldersgate-street.