Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 24 July 2014), July 1766 (17660702).

Old Bailey Proceedings, 2nd July 1766.

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 2d, Thursday the 3d, Friday the 4th, and Saturday the 5th of JULY, 1766.

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

NUMBER VI.

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 THOMAS PARKER , Knt. Lord Chief Baron of his Majesty's Court of Exchequer*; the Honourable Sir HENRY GOULD , Knt. one of the Justices of his Majesty's Court of Common Pleas +; the Honourable Sir JOSEPH YATES , 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.

Aylmor Stopes ,

George Constable ,

William Shaw ,

Luke Kendall ,

William Taylor ,

Thomas Goff ,

Benjamin Robinson ,

Thomas Balmore ,

Thomas Brookes ,

Thomas Upsher ,

Edward Pierce ,

Henry Cowling .

MIDDLESEX JURY.

James Moss ,

Richard Spenser ,

Francis Sutton ,

John Robertson ,

James Lake ,

James Sheredine ,

George Juby ,

John Groom ,

John Treslove ,

John Goadman ,

William Richards ,

William Hundley .

332. (L.) WILLIAM Johnson was indicted for stealing a woollen ironing-cloth, value 2 s. the property of Mary Hornedge , widow , June 7 . ++

Mary Hornedge . I keep a chymist's shop in Shoe-lane . On the 7th of June at about eleven at night, I was called to by a neighbour, and told a man had robbed me; the prisoner was brought in, in about five minutes after, with my ironing-cloth under his coat: he then said he had been into the shop to ask for a halfpennyworth of yellow basilicon, but that he bought the cloth of a woman for 2 s. in the street. I had seen it about a quarter of an hour before in a basket, on the ironing-board in the shop.

David Miller . I live next door to the prosecutrix; I was standing at my master's door a little after ten o'clock that night, a girl came by with a pot of beer; she desired me to go into Mrs. Hornedge's shop, saying a man was gone in, and she thought with intent to steal something; I looked, and saw the prisoner through the window putting something under his coat; he came out, I stopped him within three or four yards of the door; I brought him back with the cloth under his coat, (produced and deposed to.)

Prisoner's defence.

I went in for a halfpenny worth of basilicon; the girl said she would not serve me; then I went out, and that man came and asked me what I had got; I said I bought the cloth of a woman at the One Tun Alehouse in Shoe-lane.

Anne Bishop . I am servant to Mrs. Hornedge; it was after the prisoner was brought back that he asked me for a halfpenny worth of basilicon; I said I would not serve him, till he delivered what he had got: we missed other things which we did not find.

Acquitted .

333. (M.) Alexander Bourk was indicted for that he on the 17th of May , about the hour of one in the morning, the dwelling-house of Richard Robinson did break and enter, and steal five hats, value 40 s. the property of the said Richard, in his dwelling-house . +

Richard Robinson . I keep a hatter's shop upon Holborn-hill : on Saturday night the 17th of May, I went to bed a little after twelve o'clock, after fastening the doors and windows. On the Sunday morning about eight o'clock, I had occasion to go down into the cellar; I observed the cover of a box full of books was loose; then I went to see my hats, and found five were gone: I went to look at the street-door, and found the staples were drawn, and the door open. The next morning my next door neighbour's house was broke open and robbed, upon which Bourk was taken up; then the evidence Ashbridge was apprehended, said he had no concern in my neighbour's but he had in breaking mine; upon which to the prisoner, who was in custody, and said, I understand you have my hats, let me know where they are: he said he knew nothing of them; I offered him half a guinea, in case I could have them again. That evening he sent me a letter, mentioning, if I would come to him, he would let me know something about them; I went to him; he said, do you remember what you said last night; I said I would give him the half guinea, in case I had my hats, and offered him a shilling of it; he said, that will not do; I said, he should have the rest of the money when I had the things; he said it would do, and took the shilling: then he took me on one side, and told me, one of my hats was sold to a baker in Golden-lane for 4 s. 6 d. which was a hat that I made for a clergyman, and worth above 15 s. he told me, the other four were sold to a man named Cantrell, that buys stolen handkerchiefs, in Field-lane, for half a guinea; two were worth 15 s. each, and the other two 12 s. each. Then I applied to my Lord-Mayor for a search-warrant, to search his house; but before I got there, he was got off, and not to be found since; I went to the baker, and he readily delivered that hat up: (produced and deposed to, by a brand mark on the inside the crown.)

John Ashbridge . The prisoner and I went together from the Globe on Saffron-hill, between eleven and twelve that Saturday night: we walked about till almost one; then we went to the prosecutor's street-door; he broke a piece of wood from the top of the door, and put his hand in, but could not reach the bolt: then he went to work and forced the door open; I was with him; then he went in, and staid there about a quarter of an hour, and brought out five hats and five books; the books were sold to a bookseller in Long-lane, by one John Davis , who was to have all he got over a shilling for selling them. Davis and the prisoner carried the hats out, and would not let me go with them; I said at the Globe; when they came back, Bourk said they had sold one to a baker, and brought the other four back again: Bourk said, he had a good mind to cut them all to pieces; then he desired William Welch to carry them, and sell them to Cantrell; Welsh came back, and brought in half a guinea, and said, he had sold them all four for that to him; we had 5 s. each, and Welch had 6 d. for his trouble.

Q. Did you know Cantrell?

Ashbridge. No, I did not.

Q. How long have you been acquainted with Bourk?

Ashbridge. About five weeks before we did this thing.

Q. Where did you first become acquainted with him?

Ashbridge. At the Hog in Armour. There were George Trotman , and Samuel Trotman , and William Scales with him. Bourk then wanted to persuade us to go upon the highway.

Q. from prisoner. How have you got your living?

Ashbridge. Since I got into their company, I did as they did; but I'll go to my parents in Cumberland, as soon as I get clear here.

Prisoner's defence.

I never saw the baker in my life.

Guilty of stealing the hats, value 39 s . T .

See him tried with John Jones , for forging an order for the delivery of plate at Goldsmiths-Hall, the property of a silversmith, to whom Bourk was apprentice, No 580, 581. in Mr. Alderman Bridgen's mayoralty.

334. (M.) Hannah Barker , spinster , was indicted for stealing half a guinea and a quarter guinea, the property of John Jackson , privately from his person , May 24 . ||

John Jackson was called upon his recognizance, and did not appear.

Terence Magennis . I am a constable; I was going by the ruins of St. Giles's , there was a great mob: I seeing the prosecutor and prisoner at variance, I said to her, as for you, Madam, I know you; I have taken you up several times for being disorderly. The prosecutor gave me charge of her, and said, she had picked his pocket of half a guinea and a quarter guinea. I took her to Litchfield-street, and found upon her 12 s. 6 d. in silver, and 1 s. 10 d. in halfpence: she owned she had changed a half guinea and a quarter guinea, at the sign of some home, either a black or a white one. The prosecutor is a poor day-labouring man.

Prisoner's defence.

The man was in a house where I went in for a pennyworth of purl; he swore I should drink with him; he made me sit down, and gave me drams, and told me, if I would go to bed with him, he would give me the money, and he gave it me graciously out of his pocket.

Acquitted .

The prosecutor's recognizance was ordered to be estreated.

335. (M.) William Gooding was indicted for stealing a carpenter's plough, value 10 s. the property of William Johnson , March 1 . ||

William Johnson . I am a carpenter ; I was at work in Castle-street, Oxford-market ; there I lost this plough, on the 1st of March, 1765, (producing one) there is my name upon it. I found it again in the possession of Rowland Morkin , in May last, in New-square, by Tyburn.

Rowland Morkin . I bought this plough of the prisoner at the bar, about seven months ago; he told me he was a carpenter; I gave him 6 s. 9 d. for it.

Prosecutor. The prisoner is a sawyer; he worked at the place where I did at the time I lost it; it cost me 12 s.

Prisoner's defence.

I met a woman as I was going home from my labour; she asked me if I was a carpenter; I said I was: she said her husband was a carpenter, and was dead, and she had three children, and she asked me if I would buy that plough: I bought it for 5 s. 6 d. out of pity to her children; I do not know that woman where she lives.

Prosecutor. The prisoner told me the very spot where he took the plough from, before half a dozen people, the day he was committed: he first told me, he brought it out of Somersetshire two years ago; after that, he told me he had it of a woman that had it in her apron upon some chips, who, he said, told him she found it, and that he gave her 6 d. for it.

Guilty . T .

336. (M.) Edward Day was indicted for stealing a cloth coat, value 20 s. and two cloth waistcoats, value 10 s. the property of Robert Saunders , June 9 . +

Robert Saunders . I live in Charles-court in the Strand ; the prisoner lodged at my house a month or two: on Saturday the prisoner brought home this trowel, (holding one in his hand) and said, he had given 2 d. for it; this, I suppose, he broke my lock with, it being left by it. I found the lock of my trunk broke, and a great many things missing; but I have found the things again that are laid in the indictment. I keep a public-house.

Q. Was the trunk locked before?

Saunders. It was locked on the Saturday, and on the Monday I found it broke open, and the things gone; I took the prisoner up that night; my wife took the coat from him; on the Tuesday morning he confessed to me where the waistcoats were, and they were found at a pawnbroker's, near Round-court in the Strand, as he had directed.

Isabella Saunders. I am wife to the prosecutor; the trunk was fast on the Saturday at twelve o'clock, when I made my bed; and on the Monday, about eight or nine in the morning, I found the lock lying on the floor; I saw the prisoner run down stairs, and go out of the house; I ran after him, to see what he had got, and found he had got my husband's coat; I took it from him, and brought it in again; (produced and deposed to.)

John Kates . I am a pawnbroker; on the 9th of June the prisoner came with one of these waistcoats to pledge; I seeing it was a very good one, and he in a shabby condition, I told him I would not advance any money upon it, till he brought somebody to prove it was his own; upon his going out, I saw another waistcoat under his coat: I said, What, have you two waistcoats; he said, that was not his own; then I stopped the waistcoats; he gave me a great deal of ill language, but I would not deliver them: (produced in court, and deposed to.)

Prisoner's defence.

I wanted 2 s. and could not get it; and being full sure that I could raise the money by Saturday night, I took the waistcoats to pledge them, till that time; when the pawnbroker stopped them, I was frightened out of my life, as he wanted to know if I was the owner; I thought if I carried the coat, he would think they were all mine, and deliver them to me, that I might bring them all home again; he said, if I could produce the coat, he should have a better opinion of me.

Guilty . T .

337. (M.) John Hoopham was indicted for stealing a silk handkerchief, value 2 s. the property of Edward Kingham , privately from his person , June 4 . +

Roger Fowler . On the King's birth day I was on Tower-hill , to see the fire-works, about six in the evening; Mr. Wadham was with me: we observed the prisoner, and three or four more with him, whom we took to be pickpockets; Mr. Kingham coming by, they followed him: the moment Mr. Kingham got to the ring, where the soldiers were, these fellows pushed at him, and took his handkerchief; I did not see them take it from his pocket, but I saw the prisoner returning with it in his hand; we were near him; I said, what a rascal you must be, to rob the young gentleman; he said he had not robbed him; he had got it close together in his hand; I took him by the wrist, and turned his hand, and took the handkerchief out of his hand, and said to Mr. Kingham, is this your handkerchief? he said it was: then I took the prisoner by the collar, and we carried him to the Counter.

Edward Kingham . I had this handkerchief (producing it) in my pocket, at the time I went upon Tower-hill, on his Majesty's birth-day; I did not perceive it taken from me, but knew it to be my property as soon as Mr. Fowler had it in his hand.

William Wadham . I was upon Tower-hill at the same time; Mr. Fowler said to me, he thought them three or four chaps (of whom the prisoner was one) were pickpockets; we took notice of them; as soon as Mr. Kingham came, they had their eyes upon him; as he was going up to the ring, they followed him directly, and I saw the prisoner take the handkerchief out of Mr. Kingham's pocket; then Mr. Fowler took hold of the prisoner's wrist, and took the handkerchief from him, and we secured him.

Prisoner's defence.

I picked the handkerchief off the ground, and before I had liberty to speak, they took hold of me, and took it from me; I have been at sea ten or eleven years, and had not been home above nine months.

Guilty 10 d. T .

338, 339. (M.) John Taylor and Mary Ayres , spinster , were indicted, the first, for stealing ten silver table-spoons, value 30 s. 9 silver tea-spoons, one silver strainer, one pair of silver tea-tongs, three stone rings set in gold, eleven silver buttons, eight linen shirts, three linen neckloths, and one pair of worsted hose, the property of David Gwinn : two linen shirts, value 5 s. five cotton handkerchiefs, value 5 s. one silk cardinal, value 15 s. two pair of cotton stockings, value 18 d. the property of Ninial Nicholls , in the dwelling-house of David Gwinn ; and the other for receiving part of the said goods, well knowing them to have been stolen , June 20 . ||

Susannah Nicholls . My husband's name is Ninial Nicholls; on the 20th of last month, the things mentioned in the indictment (mentioning them by name) were taken out of our house, it is my brother David Gwinn 's house; my husband and he are mariners , they are now at sea; I keep my brother's house; I had seen the things the night before; I went to bed between ten and eleven, and when I got up, about half an hour after four in the morning, they were gone, and I found the back door open: the man at the bar lodged in the house about two months; he came in about half an hour after eleven, my sister-in-law let him in. I believe he did not go to bed, but lay cross the bed; he was missing in the morning.

Q. What is he?

S. Nicholls. He is a stocking-weaver; we have found some of the things again.

Margaret Costan . The two prisoners came to my house as man and wife, between eleven and twelve, on Friday night, a week ago last Friday; they said they were going out of town the next day: the woman sent me out to pawn a table-spoon for her, for 7 s and a shirt and a shist; I carried and pawned them to Mr Steel.

Henry Steel . I am a pawnbroker. Margaret Costan brought the three things she has mentioned, and pawned them with me; after that I had three tea spoons brought and eleven Bristol stone waistcoat buttons set in silver, brought by another person: (six table-spoons, nine tea spoons, and a pair of tea-tongs, produced in court, and deposed to.)

Steel. (Takes up a table spoon marked E. G) The table-spoon that I took in was marked as this is.

Abraham Wilkinson . I am a publican. The woman at the bar left two table-spoons in my care.

Q. Where do you live?

Wilkinson. I live in Stretton's-ground, Westminster; she left also half a dozen tea-spoons, a pair of tea-tongs, and a gold ring. I was to keep them till the next morning, for her to call for them; the two prisoners were taken in my house, and I delivered the things to Justice Manley.

James Brown . I had intelligence the two prisoners were at Mr. Wilkinson's house; I went there about eleven at night and secured them; Mrs. Wilkinson delivered the things which the prisoners had left in her care to Justice Manley, who was there with me: then I had a search-warrant, and went to Mr. Steel's house; he delivered three tea-spoons to me, which I brought to Justice Manley.

S. Nicholls. Three of the tea-spoons are marked T. M. C.

Steel. There were three marked so.

S. Nicholls. Six of them are my property, the other three are the property of my brother.

Mary Tucker . I take in pawns, and keep a chandler's shop; the prisoner Ayres, left a ring with me, for a debt which she owed me, which I delivered up when they came for it, and she pawned a handkerchief to me.

S. Nicholls. I was present when Mrs. Tucker delivered up the ring and handkerchief; this was before the prisoners were taken. (Three gold rings and a handkerchief produced and deposed to.)

S. Nicholls. I was present when the prisoner Taylor pulled off a shirt and a pair of stockings in the Gatehouse, and Ayres had a shift of mine on at the same time; the shirt was marked D. G. on the hip, my brother's property; they carried six large table-spoons into the Gatehouse, four of which we found, but cannot get intelligence of the others.

Taylor's defence.

I lodged in the house of the prosecutor some time, and used to go out every morning about four or five to my work; I worked in Castle-street, by Shoreditch-church; I went out that morning, and found the things bundled up in the garden; I took them up, and did not know what they were. I called upon this woman, and told her what I had got, and she gave the things to people that she was acquainted with to pawn. We knew one another when we were children, and were intending to go home together.

Ayres's defence.

I never was in the gentlewoman's house in my life, neither did I ever see her in my life, till I was in goal; this man (meaning Taylor) gave me the things to pawn for him.

For the prisoners.

Sarah Odenand . The man at the bar was at my house, and he went to a public house where the prisoner Ayres was, and had some beer, and staid half an hour together; this was the afternoon before the robbery was committed; whatpassed between them I cannot say; he went away about half an hour after ten o'clock, and she came home a little before eleven, and went to bed in my house; she lodged at my house; and about half an hour after five in the morning he came and called her up, and took her out with him: I never saw her afterwards till I saw here in trouble.

Q. Is she a married woman?

Odenand. No, she is not.

Elizabeth Miles . I lay in the same room; I heard the prisoner Taylor ask Ayres to get up; I believe it was between five and six o'clock in the morning; I got up, and went and drank along with them; I saw him give her a ring, a pair of cotton stockings, and a shist; she enquired which way he came by them; he said, he bought them at a shop the night before.

Mary Osley . I lay in the same room with her that night.

Q. Is it a lodging house?

M. Osley. It is only for women; he called her up, and gave her a stone ring, a pair of cotton stockings, and a shist; and he laid a black silk cardinal down on the feet of the bed; she had another ring on, and she threw that out at the window and put the other on.

Q. What time was this?

M. Osley. To the best of my knowledge it was about five o'clock. She asked him how he came by them; he said he bought them. I got up, and went and drank along with them.

Q. to S. Nicholls. Did you find the cardinal?

S. Nicholls. That was produced at the Justice's, but I have not got it here.

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

Ayres guilty . T. 14 .

340. (L.) Anne Crompton , spinster , was indicted for stealing a silver watch, value 40 s. the property of Samuel Wellings , May 12 . ++

Samuel Wellings . I am a gentleman's servant ; I have the care of the house, the family not being there; I met with the prisoner at Crouch-end, between eight and nine at night, seven weeks ago last Monday night; I took her home, and she was along with me all night; I was a little in liquor; I missed my watch about four in the morning, and accused her with taking it; she denied it.

Q. Was you up or in bed when you missed it?

Wellings. We were both in bed together, with our cloaths off.

Q. Where had you put your watch?

Wellings. It was either upon a nail, or in the window, or in my breeches-pocket.

Q. Cannot you tell which of these places it was in?

Wellings. I think it was in my breeches-pocket.

Q. Are you sure you had it with you?

Wellings. I remember I put it in my pocket about five minutes before nine, just before I went out, and I had not above 20 yards to walk. I searched her in my room, but could not find it; I kept her in the house all day till three o'clock; then I took her to a Justice's house at Mousewell-hill, he was not at home; then I took her to a public-house, and stripped her, but could not find it; then I let her go: this was on the Tuesday about four o'clock.

Q. What did you give her?

Wellings. I gave her nothing at all.

Q. Did you know before.

Wellings. I never saw her in my life before to my knowledge; she was stopped with offering the watch to sell in a few hours after.

Josiah Sturges . I am a watchmaker, and live in West Smithfield. On Tuesday the 13th of May, the prisoner at the bar came and offered me this watch to sale;( produced, and deposed to by the prosecutor.) I suspected it was not her own; there was one Eleanor Allen with her; she said it belonged to the prisoner; the prisoner said it was her own, and that she had had it three weeks; there being no key on it, I asked her where the key was; she said, it never had one; I observed it was going, and wanted about four hours being down. I sent for a constable, and they were both taken to the Counter; the prisoner said, she found it fifteen miles on this side Leicester. The next day they were both taken before the sitting Alderman; the prisoner declaring Eleanor Allen had nothing to do with it, and that she never saw her in her life before, Sir Charles Asgill discharged her. I advertised the watch and the prosecutor came and owned it; he said, he had had it about four months; then we took the prisoner before my Lord Mayor, and Wellings was bound over to prosecute.

Q. to prosecutor. Had your watch a key or seal to it when you lost it?

Prosecutor. It had a red ribbon, a key and seal to it.

Prisoner's defence.

He made a bargain with me for half a guinea, and had me to-bed with him; and he beat me very much, and drawed a knife upon me; he gave me nothing; I found this watch between Leicester and Market-Harborough eleven weeks ago, today.

Guilty . T .

341. (L.) Mark Bannister was indicted for stealing five pounds weight of sugar , the property of persons unknown, June 16 . ++.

Barnaby Linton . I am a constable for the West-India merchants. On the 16th of June a watchman told me, the prisoner had taken some sugar out of a cask; I searched him, and took from him above five pounds weight of sugar. I asked how he came by it; he said, the cooper that was making the cask fast gave it him. I called the cooper and asked him about it; he said he had not, but had ordered him to go away from the casks several times.

Guilty . T .

342. (L.) William Smithson was indicted for stealing twelve pair of leather breeches, two pair of velvet ditto, two shirts, three petticoats, one yard of baize, one cloth cloak, five aprons, one neckcloth and one cap , the property of James Alefounder , May 21 . ||

James Alefounder . I am a pawnbroker . On the 21st of May my house was on fire, in Petticoat-lane, near Aldgate ; the fire was only in the top part of the house; I lost a great number of things; two days after, Jane Kelley came and informed me, the prisoner had thirteen pair of leather breeches, which he had offered her to sale; that in looking over them she saw a ticket upon one of them; (we put a ticket upon our pledges as we take them in) and as there had been a fire at my house, she suspected they were stolen from me; I went with an officer and Mrs. Kelley to the prisoner's lodgings; we found but twelve pair, five aprons, a petticoat or two, and some other things that had tickets on them.

Thomas Parker . I belong to the Fire-office. The old cloaths-woman having told the prosecutor of her seeing a number of leather breeches at the prisoner's house, I went with her, an officer, and the prosecutor, to the prisoner's lodgings; he lives up two pair of stairs; he was not at home, but his wife was; we found in a closet twelve pair of leather breeches, and other pledges, some aprons, and a cap or two, with the tickets on them; we were informed the prisoner was in a skittle-ground; the officer went and fetched him; he was asked how he came by that bundle of things; he said, a strange man had left them there; he said we might take them all; he seemed much confused, and trembled very much; he went to a closet, and took out some more things, and said to the prosecutor, you may take them all home, they are all your's, Sir. The prosecutor asked him where the buckskin breeches were that Kelley had given him information of; he said he never had any; we brought the things away, and did not take the prisoner up then.

Q. Had the breeches any tickets upon them?

Parker. No, they had not; at dinner time we had information the prisoner was taken up, he having pawned a pair of buckskin breeches; then we went to the pawnbroker, where he had pawned them for 7 s.

Daniel Thomas . The prisoner at the bar brought a pair of buckskin breeches on the 23d of May, and pledged them with me for 7 s. (produced in court.)

Q. Was there a ticket on them?

Thomas. No, there was not.

Prosecutor. I cannot swear to them, there being no ticket on them.

Jane Kelley . The breeches were offered to another woman, and she came to me, to go with her to buy them; I went, and saw thirteen pair; there was a pair of buckskin breeches among them; the man was in bed in his shirt. I should not know him again; I believe it was the prisoner, but will not swear it. It was in Wingfield-street, up two pair of stairs, the same room which we found them in afterwards; he asked a guinea for the thirteen pair; the pair of buckskin ones were worth half a guinea: I seeing a ticket on one of them, did not buy them, but went and told the prosecutor of what I had seen. (The things produced in court.)

Prosecutor. Here are four aprons, two boy's shirts, and a neckcloth; they have all my tickets on them; these were found in the prisoner's room; I am very certain to these.

Q. to Parker. Did you observe the tickets on these things?

Parker. I did, and put them in my bag, and brought them all to Mr. Alefounder's house; after that, they were carried before my Lord-Mayor. The tickets are now upon them; I knew by the tickets they belonged to a pawnbroker.

Edward Heacock . I bought a pair of buckskin breeches of the prisoner on the Thursday in Whitsun-week, being the 22d of May; I have them on now; I gave him 9 s. for them.

Q. to prosecutor. Have you looked at them?

Prosecutor. I have; but there being no ticket, I could not swear to them.

Q. to Heacock. What is the prisoner?

Heacock. He cries greens and things about the streets in Whitechapel.

Prisoner's defence.

They came to me, and I was fetched up into my room; I said, there is a bundle which does not belong to me, and I delivered the things to them; I was not at home when the bundle was brought to my house.

Q. to Parker. How far distant is it from the prosecutor's house to the prisoner's lodging?

Parker. It is about a quarter of a mile distant.

Q. to prosecutor. Did you direct people to carry your goods at the time of the fire to any particular place?

Prosecutor. I directed them to carry what things they could get out to a tallow-chandler's, about ten doors from me.

Q. Did you employ only particular persons?

Prosecutor. No, I did not.

Q. Did you send any goods to Wingfield street?

Prosecutor. No, I did not; I have no acquaintance in that street.

For the prisoner.

Hannah Savage . I have known the prisoner between four and five years; he is very honest hard-working man; I never knew any ill of him.

Q. Did you ever know him to sell old cloaths?

H. Savage. No, I never know him sell any thing, only greens and potatoes in a barrow.

Esther Lawrence . I have known him four or five years; I never knew any more of him but that of a very hard working man, selling, fruit and things in the streets .

Jos. Scales. I have known him a considerable time; I live next door but one to him; I never heard or saw any thing bad of him before this.

Acquitted .

343. (L) John Robinson was indicted for stealing 26 yards of silk and stuff, two pair of leather boots, six yards of worsted stuff called cloth, one pair of leather breeches, a cloth coat, four pair of leather shoes, 12 yards of linen cloth, a cotton handkerchief, a brass saucepan, two copper tea-kettles, and 120 copper half-pence , the property of James Alefounder , May 21 . ++

James Alefounder . On the 21st of May, about nine at night, my house was on fire; we removed what goods we could. The next day I had an information given, that the prisoner had got some of my goods in his house; I went with Mr. Parker to demand my goods; the prisoner told me, he would be paid for his trouble in fetching them away; I saw several things lying on the ground, breeches and other things under the bed; I found a heap of things done up in a handkerchief.

Q. Was this conversation before you searched the house or after?

Alefounder. It was before; he took up a chair to knock me down; there was a piece of silk and stuff lay between the bolster and the bed, about 26 yards of it; I had sent Parker for them before, but the prisoner would not let him have them. I asked the prisoner his reason for not letting the fireman have them; he said he would be paid for them, before they should go out of his house. I told him, I did not think he took them with an intent to let me have them again, as he did not let me know any thing of them, and he living but a little way from me; he said, here are all I have, meaning the things on the floor: then I searched, and found the other things; then I took him before the sitting Alderman. We searched his house three times, and every time we found things in different places; after he was committed, we searched, and found a pair of leather breeches, a cloth coat, two yards and a half of muslin, three pair of shoes, a new handkerchief, a copper sauce-pan, and two tea kettles; these were found at the second and third search.

Q. How came you to search a third time?

Alefounder. There had been seen from the next yard a gown belonging to my maid, and a pair of breeches, which made me search again. (The goods produced.)

Q. Can you swear to either of the things?

Alefounder. I can swear to the greatest part of them, as being in my house when the fire was.

Q. Mention what you can swear to?

Alefounder. The silk and stuff, the coat, the shoes and handkerchief; I do not think there is a thing among them but what I could very safely swear to.

Q. What is the prisoner?

Alefounder. He is a weaver; he has used my shop for twelve months.

Thomas Parker . On the 22d of May we were at Mr. Alefounder's house, and going about the neighbourhood, to get the things in again that the London Insurance porters had information of. We had information there were some things at the prisoner's; our foreman bid me go with my bag for them; I went, and told the prisoner I was come for the things; he said he should be paid for his time, before the things should be taken away. I told it Mr. Alefounder; he came; still the prisoner was obstinate, and would not let us have them; he took up a chair to strike at one or two of us; we took up what we saw, and put them in my bag; he said that was all. We went afterwards, and found the several things concealed in different places; there was a piece of green stuff under the bed; after that, the next door neighbour said there was something we had missed; we looked over the rails, and there was a gown and a pair of breeches; and when we came to look for them at his house they were gone, but we found them in a closet; the man was in prison then.

Edward Maylin . I was at the finding the several things, some under rubbish, some under the bed.

Prisoner's defence.

I had no goods but what I was willing to give up, when Mr. Alefounder himself came.

To his character.

Thomas Casey . I have known the prisoner above sixteen years; he bears an exceeding good character.

James Kingston . I live in Widegate-alley, Spital-fields; I am a master weaver, the prisoner is a journeyman; I have known him between seventeen and eighteen years; he is a very honest hard-working man.

Acquitted .

344. (M.) Margaret, wife of Michael Cassady , was indicted for stealing one 18 s. piece of gold, and 2 s. in money, numbered , the property of Mary Caton , spinster , June 1 . +

Mary Caton . The woman at the bar took me out of the street into her house to live with her, and I lived with her about four months; she kept a bawdy-house in Eagle-court in the Strand. It was agreed between us, for me to give her all that I got, and she was to give me victuals and drink, lodging, and cloaths: she used to ask me, when any gentleman had been with me, for what they gave me, and I used to give it her all; she never allowed me any thing; there were other young women in the house, they used to do the same. There was a gentleman in company with me there, he asked upon what terms I was there; I told him; he gave me an 18 s. piece and half a guinea, to clothe myself and get out of that house. This was about four days before the first of June; I was taken up upon the first of June as a disorderly person, and put into Tothill-fields, Bridewell : the prisoner came to me there; before I had been there half an hour, she took me to a corner in the place, and put her hand down my bosom, and took out the 18 s. piece, and 2 s. in silver, and after that, she licked me. I was forced to call out for assistance; there were other people present that saw her take it.

Q. Whose cloaths had you got on?

Caton. I had her cloaths on.

This being only a dispute between a bawd and a whore about property, and not a felony, the jury acquitted the prisoner.

345. (M.) Gasper French , otherwise Baptist French , was indicted for stealing a bank-note, value 30 l. the property of John M'Farquhar , June 19 . +

John M'Farquhar . On the 19th of June last, about half an hour after three o'clock, I went to Mr. Lodomy 's; there were the prisoner and Mr. Drummond , a wine-merchant; they had just dined there; we went all four of us to Mr. Drummond's wine-vaults; upon drinking the second bottle of wine, I took my pocket-book out, and offered to pay Mr. Drummond for two dozen of wine that I owed for; I shewed him a 30 l. banknote; he said he could not change it. Mr. Lodomy said he had cash at home, he would change it there; then I put it in my book again, and put that in my pocket. The prisoner went out soon after, and in about a quarter of an hour after I missed my pocket-book; this was before I left the vault. Mr. Lodomy sent his man after the prisoner, who returned, and said he had had sight of the prisoner, and saw him fall down, but he got up again, and went off. Mr. Lodomy and I went to see if we could find the prisoner, to two or three places, but we could not find him; then we went to Sir John Fielding , and told him of it, and said, I suspected the prisoner was gone to Dover; upon which, he wrote a letter to Justice Hammond, at Dover, and in about two days after, I found the prisoner was stopped there: he was taken up first on suspicion of robbing a custom-house. I set out with the machine for Dover; there I found the prisoner; I brought him to town last Friday; he confessed every thing to me before Justice Hammond, and as we were in the machine on the road; but when he came before Major Spinnage , he denied every thing.

Q. Did he say how he had disposed of it?

M'Farquhar. No, he did not; (the pocket-book produced) this he sent to Mr. Lodomy, and I received it of him.

Mr. Lodomy. The prisoner was a stranger to me, but a friend of mine desired me to recommend him to a service, and I desired him to sit down and dine with me. Mr. Drummond at the same time came in, and he also dined with me; after dinner we went to Mr. Drummond's vaults, and drank a bottle or two of wine. Mr. M'Farquhar took out his pocket-book, in order to pay Mr. Drummond for two dozen of wine: Mr. Drummond replied, he had not change for the 30 l. note; I had it in my hand; he put it in his book again, and into his pocket: after we had drank a glass, the prisoner disappeared; Mr. M'Farquhar missed his pocket-book soon after; I desired Mr. Drummond's man to run out after the prisoner; he came back, and said he could not come up with him. After that, the prisoner sent me a letter, that he was sorry for what he had done, and sent the pocket-book also; he desired I would make interest with him to Mr. M'Farquhar.

Q. Did you ever see him write?

Lodomy. No.

Q. Had you any discourse with him about this letter afterwards?

Lodomy. No.

Thomas Burch . On the 19th of June the prisoner came to my shop a little after eight in the evening, in Cheapside.

Q. to prosecutor. Where are Mr. Drummond's wine vaults?

Prosecutor. His wine-vaults are in King-street, St. James's square.

Burch. My servant was serving him, I was backwards; when I came forwards, I saw the prisoner laying something by, which I imagined he had bought; he addressed me, and asked me if I was the master of the shop, and said he dealt in linen, and came to England once a year, and always carried some abroad with him; he said he was recommended to me by a hosier, as I understood, where he had bought some stockings; I desired he would tell me who it was recommended him, because I should be glad to know my friends; he looked over his pocket-book, but said he had not the direction, so he put his book up: he bought linen; the bill came to, I think, 24 l. 4 s. he bought his goods very hard, by which I took him to be in the business; he insisted I should abate him the 4 s. and said, when he came to London again, next February, he would call upon me again. My servant made out the bill; I gave him change for a 30 l. bank-note; 6 l. I gave him in change; the prosecutor called upon me, I referred him to my banker, and I believe he got the date of the note from him.

Q. In what name did the prisoner come to you?

Burch. He did not come in the name of Gasper French; he came, as I understood, in the name he wrote it, Cewper: this was to let me know who he was, and where he lived, and that he would be a customer again.

Prisoner's defence.

I know nothing of the matter.

Guilty . T .

346. (M.) Mary Pitman , spinster , was indicted for stealing a pair of linen sheets, value 2 s. one woollen blanket, value 5 s. two pillows, value 12 d. two linen pillow-cases, value 12 d. one bolster, value 12 d. one copper tea-kettle, value 12 d. and one flat iron, value 6 d. the property of Benjamin Bottomly , the same being in a certain lodging-room lett by contract, &c . May 20 . ++

Benjamin Bottomly . I live in Purpool-lane, by Gray's-inn-lane ; the prisoner is a single woman; I lett her a ready-furnished lodging about three months ago, at 2 s. 9 d a week; the goods mentioned in the indictment were part of the furniture; I missed them about three days after she went away, which was the 17th of May, without giving any notice: we found a tea-kettle, a pillow, and two pillow-cases, at Mr. Lane's, a pawnbroker; the rest we could not find; and when we found her, which was on Saturday last, she owned she had sold the rest of the things to an old cloaths-man in the street.

John Chapman . I am servant to Mr. Lane, a pawnbroker in Purpool-lane; I took in a copper-tea-kettle, two pillow-cases, and a pillow, of the prisoner at the bar, at different times; Mrs. Bottomly came since and had them out.

Prosecutor. The prisoner owned to me she had carried these things to Mr. Lane's.

Prisoner's defence.

I beg Mr. Bottomly's pardon, I am very sorry for it.

Guilty . T .

347. (M.) Gabriel Lacked was indicted for stealing six threepenny loaves, value 18 d. and one two penny loaf , the property of Charles Hore , June 7 . ++

Charles Hore . I am a baker in Cursitor-street , the prisoner was my journeyman ; on Wednesday the 4th of June, I was in my bakehouse; my son found a new loaf concealed; I desired him to put it in the same place, so to find out who had concealed it: it was conveyed away, we could not tell how. The next day there were two more threepenny loaves missing; on the Friday we missed one more, and on Saturday morning one more. My son told me in the afternoon when I came home, he saw the prisoner putting two loaves in the place where he had seen one before, while the other servants were at dinner.

Q. How long had the prisoner been your servant?

Hore. About five weeks. I went down into the cellar, and in the same place found a twopenny loaf, and in the prisoner's coat was another twopenny loaf, one half in one pocket, and the other in the other; I acquainted a friend that is here to give evidence with it, and desired him to be in the bakehouse to see that he took away the other loaf; he was planted there; the prisoner went out with bread in the afternoon, with the two half loaves in his pocket.

William Nowy . The prosecutor told me he was defrauded of bread by his servant. I went on the Saturday to see if I could detect the person that did it, at Mr. Hore's desire: I got into a proper place; after I had taken the loaf in my hand, and placed it the same as before, Mr. Hore had sent the prisoner for some yeast while I secreted myself; when he came in, he came to the place where the loaf was; I was close to it; he took the loaf and went up stairs, and set out to go home. Mr. Hore asked me if he had got the loaf; I said, yes; he called him, and found the loaf in his pocket. I believe the prisoner split it in the cellar; it was pulled in two pieces.

Prisoner's defence.

On Saturday nights we take no supper, we commonly take a piece of bread in our pockets; I took a piece of a twopenny loaf in my pocket, and was going to supper with it.

Q. to prosecutor. Do you allow your men to take bread out in in this manner on Saturday nights?

Prosecutor. There is no such thing allowed at my house.

For the prisoner.

Charles Green. I have known the prisoner three years; he always had a very good character. I have been a baker: it is always allowed to take a piece of bread, and go out in an afternoon to get a pot of beer to enjoy themselves.

Q. What, so much as a twopenny loaf?

Green. No, not so much as that.

Q. Is it a perquisite in your trade that a journeyman shall take a whole twopenny loaf, and split it in halves, and go off with it?

Green. The prisoner now has 40 l. a year coming in.

Q. What countryman are you?

Green. I am a Scotchman, so is he.

Q. How long have you been out of the country?

Green. Not nine years.

Robert Anderson . I am a baker, and live at Islington; I have known him several years.

Q. What countryman are you?

Anderson. I am his countryman; I never knew anything to his dishonesty in my life.

Q. Are you a master baker?

Anderson. I am; and was he discharged, I would take him immediately to my service.

Q. Do you allow your servants to take bread at a twopenny loaf at a time, in the manner here charged on the prisoner?

Anderson. I never knew it to be found fault with in my life, to take what they please of bread, on a Saturday night when they don't sup at home; they always may go to the cupboard and take cheese, cold meat, and what they please. I never was denied it by no master when I was a journeyman.

Q. What, was your practice to take twopenny loaves?

Anderson. Sometimes one half of a twopenny loaf.

Q. What, and secrete it, and take it out privately?

Anderson. I used to take it before my master's face; that I never deny my servants now.

Q Should you suffer your servants to take a twopenny loaf and carry it to a private place, and slip it in their pockets and go off with it?

Anderson. No; if they took it before my face, I should not find fault with it.

Q. to prosecutor. What wages did you give the prisoner?

Prosecutor. I gave him seven shillings a week, and his board and lodging.

Acquitted .

348. (M.) Mary Cane , spinster , was indicted for stealing four deal boards, value 4 s. the property of John Ledworth , May 29 . ++

John Ledworth . I am a deal merchant . I went out of town on the 28th of May, and when I came home on the 30th, the woman was in custody for taking deals out of my yard.

Q. Why do you charge her?

Ledworth. She said before the Justice, she took the deals out of my yard; there were more concerned with her, and she cleared them, and said she took them out herself.

Christopher Heard . I am beadle of the parish; I had information that somebody was heard taking of deals; the prisoner lived servant to one Fitzgerald, whose pales join to the prosecutor's premisses. I went into the house; the prisoner and another woman laid hold of my collar; I called some of the men to take hold of the woman; they did, and I went forward and found some pieces of board; there were ten pieces, some twelve or fourteen feet in length; they were cutting them I suppose to burn; the fire that was burning was of deal boards; they were boiling of cloaths; they had drawn a deal board over into their garden, and after I searched the house, that deal board was raised up to be put on the pile, but was not put up.

William Thomas . As I was in my own yard, I heard boards drawing over the pales from the prosecutor's into the yard where the prisoner lived; I went and told the beadle of it. I did not see them draw the boards.

John Knight . I know the long deal, and others too that we found to be the prosecutor's property: they were deals that had been in the yard three years; I laid them on the pile myself; I told them what pile they came from before I went to look upon the pile, after I had seen them.

Prisoner's defence.

I am only servant in the house; the boards were to keep up the ground in the garden; I split some to put on the fire; I know no more than that.

Q. to prosecutor. Is it possible a woman could get the deals from a pile without the assistance of a man?

Prosecutor. There was a man in the house, he secreted himself a good while, till the beadle found him.

Heard. I had them all three in custody, and the prisoner said she did it all herself, and cleared the other two.

Thomas. The prisoner is only a servant there; she has lived there two or three months. The mistress was in the house at the time.

Acquitted .

349. (M.) Elizabeth Corral , otherwise Elizabeth, wife of Thomas Keitley , was indicted for stealing eight pounds weight of feathers, value 3 s. two linen sheets, one blanket, one copper pottage-pot, one copper tea-kettle, one pewter dish, two pewter plates, one pair of iron tongs, one box-iron, and two heaters, the property of John Israel , the same being in a certain lodging room, lett by contract, &c . May 20 . +

William Martin . John Israel keeps the sign of the George, in Periwinkle-street, Ratcliff ; his wife told me she was robbed on the 20th of May; I went with her to the justice to get a warrant, and in the evening when the prisoner came to her lodgings, she was taken and put in the watch-house for that night. I said, Are you not ashamed of yourself, to rob Mr. Israel? she fell a crying, and owned to it, and told us where the things were pawned, that was to Mr. Burch at Cock-hill; she went with us to direct us, there we found them.

Elizabeth Israel . The prisoner took a ready furnished lodging room of me at 2 s. a week about two months ago; she came to me as a wife, and said her husband was a ropemaker.

Q. Have you ever seen the husband?

E. Israel. I have several times.

Q. Did he come with her when she made this agreement?

E. Israel. No, he did not; she had lodged with me about three weeks before I missed my things; she was out when I missed them; and when she came home I sent for Mr. Martin, and we took her in custody, and put her into the watch-house, and in the morning she owned to the taking; the feathers out of the bed, and all the things; she said she had sold the feathers, and pawned the other things.

Rebekah Burch . The prisoner pledged a sheet to me on the 5th of May; after that she pawned with me a pottage-pot and cover, a tea-kettle, a box-iron and heater, a pair of tongs, a sheet, a pewter dish, a plate, and a blanket, at several times (produced and deposed to.)

Prisoner's defence.

I beg pardon, and am very sorry for what I have done. I hope the court will forgive me.

Guilty . T .

350. (M.) Elizabeth Cook , spinster , was indicted for stealing a pair of silver knee-buckles, value 3 s. and a coral necklace, with a gold locket, value 6 s. the property of William Gray , May 18 . *

William Gray . On the 18th of May, being Whitsunday, the prisoner came to my house about eight in the morning, and asked my wife for some boiling water for tea; she staid and breakfasted with my wife and I; we have two children: she asked my wife after breakfast to dress the eldest child, and she would take a walk round the green with it. We could not dress her directly; the prisoner was contented to take the youngest in her arms; after she had been gone about half an hour, she picked up our eldest child; I heard the child cry under our window; I looked out, and saw her leading the eldest, and carrying the young one in her arms. I went in again thinking no ill, she having used my shop some time: about three quarters of an hour after, some of our neighbours came, and said they heard children crying up stairs, three or four doors off; my wife went up two pair of stairs, and brought our two children in; then we missed a pair of silver knee-buckles, which I had put into the eldest's shoes, but we did not miss the necklace and locket at that time; then I went in search of the prisoner; I got intelligence at a public-house in the neighbourhood which way she was gone, and I overtook her in Chiswell-street. She refused knowing me (she is very deaf .) I put my mouth to her ear, and made her know me; then she took the buckles out of her pocket and put them into her bosom, and was a good deal pert with her tongue; I took her in at a public-house, and sent for a constable; when he came she was a little unwilling to be searched; and when she found she must; she told the officer if he would be ingenuous, she would let him search; at last she put her hand in her bosom, and took out the buckles, and delivered them to the officer (produced and deposed to.) She confessed before Justice Girdler, that she had taken the buckles; she was committed, and when I went home again, my wife told me she had missed the child's necklace and gold locket, that we have not found again.

George Barraclew . On Whitsunday, about eleven o'clock, I was sent for to a public-house in Chiswell-street, to take charge of the prisoner; the prosecutor said she had the buckles in her bosom. I got a woman to search her; the prisoner insisted that I should take them out; I could not get my hand in far enough; I said, she must get the woman to unlace her, and take them out; then she said she would give them if I would be ingenuous; that she only took them to get five or six shillings upon them, and so to return them the next day. She confessed the same before the Justice. She delivered them to me.

Prisoner's defence.

I had these little children to look after; I took the buckles out of her shoes, and put them into my pocket for safety; I had no thought of wronging them in the least.

Guilty, 10 d. W .

351. (M.) Elizabeth Farman , widow , was indicted for stealing a cheese, the weight nine pounds, value 2 s. the property of Thomas Hays , June 30 . ||

Thomas Hays . I keep a cheesemonger's shop . Last Monday, about six o'clock in the afternoon, the prisoner came into my shop and asked me for some scrapings of butter; I told her I had none; then she asked me for half a quartern of sixpenny butter; I served her; she gave me three farthings; then she asked me for some bits of cheese; I gave her some; then she asked for a halfpenny worth of cheese; I turned my back to her for it, in the mean time she concealed a cheese under her cloak, and laid down a halfpenny, and was going out of the shop; my servant said, What is that she has got? I looked on the pile near where she stood, and missed a cheese: I went out after her, and found the cheese under her cloak; I brought her and the cheese back into the shop.

Prisoner's defence.

I did not know that I did such a thing; I had an acquaintance come out of the country, and he gave me a little beer, and it made me fuddled.

Prosecutor. She appeared to be in liquor when I stopped her.

Guilty, 10 d. W .

352. (M.) Elizabeth Stanton , spinster , was indicted for stealing a surtout coat, value 2 s. a pair of silver knee-buckles, value 5 s. and a tea-chest, value 2 s. the property of Solomon Warriner , June 16 . +

Solomon Warriner . I am a lodger in New-gravel-lane, Shadwell , the prisoner is a lodger in the same house; I sell milk ; last Monday was a fortnight, while I was gone out with my milk, the things mentioned in the indictment were taken away; the prisoner owned she went into the room three several times, and took the things; some she had pawned, and some she had sold; I have lived there sixteen years, and she about three quarters of a year.

Q How has she behaved the time you knew her?

Warriner. I never saw any harm of her before.

Prisoner's defence.

It is the first fault, I hope the court will take it into consideration.

Guilty, 10 d. W .

353. (M.) Richard Bratton was indicted for stealing a cow, value 5 l. the property of John Bradby , June 2 . +

John Bradby . I live at the White-house at Mile-end ; I lost a cow on the 2d of June, between eleven and twelve at night.

Q. What are you?

Bradby. I am a cow-keeper , I have about seventy cows; on the Thursday following the hide was found, and brought home to me, and I swore to it; there were particular marks; one of the horns was broke in a comical manner; it had a blood red nose, and a white tail; we took the prisoner up on the Thursday night; he was examined before the Justice before I got there.

Charles Martin . I am servant to Mr. Bradby, I take care of his cows; we lost one on the 2d of June, between eleven and twelve at night; the cows were all in the field together, above seventy of them; I missed her at four in the morning; I have often seen the prisoner in the neighbourhood. We advertised the cow; after which there were some boys found a hide in the field in a ditch, and carried it to Mr. Webb, who brought it to our house; after the hide was found, several people came and gave an account of buying such beef of William Till : he was taken up, and before the bench of Justices he was asked, where he bought the cow which he had sold to those persons; he said he bought her no where; he was asked then, how came you by her; he said, he found her by the Angel at Stepney, and drove her home and killed her.

Q. How far is the Angel from your master's house?

Martin. It is about half a quarter of a mile.

Q. Did you hear of any other cow in the neighbourhood that had been stolen?

Martin. No.

William Webb . I am a tripe-man; between ten and eleven o'clock on the 3d of June, a cow was drove into Till's slaughter-house; I went there; there was the prisoner and his father; the cow was killed, and at the desire of the prisoner, I helped to dress her, but I took no sort of observation of the cow, and cannot tell what sort of a one it was. The prisoner said he bought that cow of one Holdney, by Limehouse-church; I said, What did you give 7 l. for it? No, said he, I gave 6 l. 10 s. I was before the Justices, there he denied he had bought it, but said he found it by the Angel.

William Till . On the 4th of June the prisoner came in the morning, and knocked at my door, (I sell things by commission) I having little or nothing to do, was not up, I called my apprentice up; the prisoner left four quarters of a cow, two hind, and two fore quarters. I did not see him that morning; when I came down stairs, I saw three quarters, my servant sold one to Mr. Hold; I sold the other three on the Thursday.

Prisoner's defence.

I went down into the country, there was a farmer coming up with some cows; before he came to Stratford, he asked me if I would buy one; I bought one, and brought it home, and killed it; I am a butcher, my father is a butcher also, but he was not with me.

To his character.

Mary Cane . I have known the prisoner ever since he was born; I know of nothing dishonest by him, he is very good to his father and mother.

Catharine Townsend . I have known him five years, he is a very dutiful child, and very industrious in minding his father's business.

John Rands . I have known him fourteen years, he has a very good character.

Sarah Swan . I took a fancy to him, and brought him up till he was thirteen years of age; he was my errand boy, he never wronged me at all, I never knew any thing ill by him; I live still in the neighbourhood, in Ratcliffe-highway; his father is much declining in health.

Jane Matthews . I have known him ever since he was born, I never knew any harm by him.

Alexander Stone . I lodged three years in the house where he lived, I never knew any harm by him.

Q. to Martin. Was it a milch-cow that you missed?

Martin. It was a milch-cow, about seven or eight months in calf.

Q. to Webb. Was the cow in calf that you helped to dress?

Webb. It was.

Q. Is it usual in June to kill cows in calf?

Webb. It is usual to kill cows in calf at all times of the year.

Q. to Till. Did you see any hide belonging to the quarters you had to sell?

Till. No, I did not.

Prisoner. I carried the hide to Leadenhall-market myself, between two and three in the afternoon, but I cannot tell the salesman's name that sold it for me; it was sold on the Tuesday: I told him, it was the first I ever had, and staid by him till he sold it; I had 12 s. for it; it was a sort of a brindle colour.

Guilty . Death . Recommended to mercy.

354. (M.) Joseph Turner was indicted for that he, in a forcible and violent manner did demand the money of James Malcome , with intent to rob him , June 30 . ||

James Malcome . Daniel Watts and I were going home through Cranbourn-alley , on the 30th of June, between ten and eleven o'clock at night; the prisoner came and asked me where I was going. I said what was that to him; he said he wanted money; I said, for what? he insisted he would have my money, and d - d my eyes; the watchman heard him, and he came up; Watts took the prisoner by the breast, and we gave him in charge to the watchman; the watchman would not take charge of him without Watts and I; as we were carrying him along, there came his gang, three or four of them; they fell to knocking us and the watchman about like any thing; we called out, watchman! and the other watchman came to our assistance; then they ran away; then we got the prisoner to the Round-house; after that, the prisoner wanted to make it up.

Cross examination.

Q. Why do you call them his gang?

Malcome. There were four of them with the prisoner when he attacked us.

Q. Had he any weapon in his hand?

Malcome. No, he had not.

Q. Were there not many people at that time of night passing by?

Malcome. There was not.

Q. How near was this to the watch-house?

Malcome. It was about five yards from it.

Q. Was the prisoner drunk or sober?

Malcome. He was quite sober.

Q. How near were the other three men when he attacked you?

Malcome. They were close by his side.

Q. Did they say any thing when they attacked you?

Malcome. No, but they said, are you going that way? and he said, d - n my eyes if I go any farther.

Q. How long was this after the first assault?

Malcome. This was about two or three minutes after.

Q. Did the prisoner make use of the word money?

Malcome. He did.

Q. Did he touch you?

Malcome. No, he stood before me; the three people were with him the whole time; they followed him.

David Watts . Mr. Malcome and I were coming along Cranbourn-alley; the prisoner came up, and asked him where he was going; he said, what is that to you; the prisoner directly said, I want money, d - n my eyes; the watchman being but at a little distance, came up, but the prisoner had repeated them words again; first I catched the prisoner by the breast, and said to the watchman, I give you charge of this man; the watchman said, I will not take charge of him, without he gives charge of you; then he gave charge of us; then the watchman and we went on the top of Newport-market; there came four men about us all at once; they said to the prisoner, will you go that way? and kicked out the watchman's lanthorn; then they began beating us about; I and the watchman had hold of the prisoner; one of them got to hauling the watchman's stick away; I got a kick on my private parts; I thought I must give way; but seeing another watchman coming up with his lanthorn, I thought I would hold out a little longer; at his coming up, they ran off all together.

Q. Was any thing said when the four men attacked you?

Watts. They said, will you go that way? then the prisoner said, d - n my eyes if I go any farther.

Cross examination.

Q. Had the prisoner any thing in his hand?

Watts. He had not.

Q. Did he touch the prosecutor?

Watts. No, not to my knowledge.

Q. Did he charge the watch with you?

Watts. He did.

Q. Did he seem disposed to run away?

Watts. No, he did not; he seemed to go very quietly when the watchman and I had hold of him.

Q. Was he in liquor.

Watts. I cannot be able to say whether he was or not, having never seen him before.

John Bullock . I am a watchman. I was within about ten yards of them when the prisoner stopped them; there were four of them in all; they had walked once or twice by me that Monday night before this affair happened.

Q. Did you know the prisoner before?

Bullock. I did; he commonly walked Cranbourn-alley and about Leicester-fields on nights; there are about thirteen or fourteen of them that belong to that company; they resort at the King's-arms in Prince's-street; there is another company which have a pretty many bull-dogs belonging to them, but these have none. The prisonerca me up to the prosecutor, and said, money; he wanted money, and d - d his eyes, and said money he would have. Then I came up directly to them; the prosecutor charged me with the prisoner; after that, the prisoner charged me with them. I said to them, do you take care of the prisoner, and I will be answerable for you, if you assist me, for I knew we should be attacked. The prisoner went very quietly with me till his companions came up; they said to him, d - n you, will you go quietly with that man? then he began striking me, and the man that had hold of him; they got hold of my staff, and kicked out my light; we called out, and there were three or four watchman coming from Newport-market; they ran off, and left the prisoner in our custody.

Cross examination.

Q. How near were they when they first came up to the watch-house?

Bullock. They were within three or four yards of it.

Q. Were they walking as people walk in common?

Bullock. No, they were coming together in a skulking manner, and I knew them to be skulkers.

Q. Was the prisoner drunk or sober?

Bullock. To tell the truth, I do not think he was right sober; he had been drinking at the King's-arms with one Hill.

Q. Have you seen one man rob another, and not make use of his hands?

Bullock. I have seen that done in Cranbourn-alley before now: they first br quarrels, two of them will go to fighting, in the mean time they go to picking of pockets; that I often see.

Q. You talk of another gang, what gang is that?

Bullock. It is well known in the parish, there is a gang of about 50; that gang has been complained of to Justice Welch, and at the Rotation-office; there has been warra nts out, and some of them have been taken; they have bull dogs with them.

Prisoner's defence.

I had been drinking at a public-house; I got much in liquor, and met them two gentlemen in Cranbourn-alley; we had a few words together; I had no intention upon them; I had left my company at the public-house, and was going home; these two men charged me, and I charged them, and we went to the watch-house together.

To his character.

John Thompson . I am a lapidary, the prisoner is my brother-in-law; he has worked for me within five or six weeks; he has been out of his time three quarters of a year; I always thought him to be a very honest young man: was he out, I would employ him again.

William Drow . I served my time with the same person the prisoner did; I have known him about nine years; he is a very honest lad, that minded his business very well.

Jos. Hall. I went to school with him; I have known him all his apprenticeship, he always bore a very honest industrious character.

Guilty . T .

355, 356. (M.) James Spelter and William Davis were indicted, the first for stealing twelve pair of children's leather pumps, value 15 s. the property of Thomas Barnet ; and the other for receiving two of the said pairs, value 2 s. well knowing the same to have been stolen , June 20 . +

Thomas Barnet. I live at Stepney; I make children's pumps; I had two dozen and four pair made for Mr. Gibson, a linen-draper and haberdasher at Stratford; Mr. Gibson took one dozen and four last Friday was se'nnight; coming back, I had a dozen pair tied up together in a handkerchief, six pair of what we call Morocco, and six pair of black calf-skin; I being a little tired, seeing a butcher's cart, begged leave of the butcher's man to let me ride; he gave me leave; there was the prisoner Spelter in the cart; I asked him where he came from, and where he was going; he said, he came from Plaistow, and he was going to see his sister, who was a servant to a gentleman a little on the other side the turnpike, and he must get out there; he jumped out, and I did not miss him at first; in a little time I missed my handkerchief with the pumps in it, and the boy was then gone quite out of sight. On the Saturday Davis was detected in offering two of the pairs to sale; (produced in court and deposed to.) A neighbour of mine told me, a boy had been before the bench of Justices, on account of some children's pumps. I went there, and was asked by the clerk, if I had lost any; I said I had, and gave him an account of them: the two pair were produced, and I said they were mine. I was desired to go to the boy in Bridewell; I went, and saw he was not the boy that stole them: the boy was taken before a magistrate again, and there he made a true discovery of the prisoner Spelter, and another; that he said Spelter was on the copse of the cart at the time; and that they did not know what was in the handkerchief, till they opened it in the field; and that he himself was asleep in the field, and they awaked him, and showed him the pumps; he said there were twelve pair, six red and six black: he said, they d - d me for taking care of a crown paper of halfpence, which they designed to have got from me. I remember I pulled out a crown paper of halfpence while I was in the cart, but I put them safe in my pocket again.

Q. Can you tell whether the man on the copse of the cart, or the boy Spelter, took the pumps?

Barnet. They lay so, that the man on the copse could not reach them; Spelter must be the person that took them; they lay just by him; that man jumped off the cart, and went away after Spelter was gone. When Spelter was taken up, he owned he took them.

Thomas Ansley . I was in Rag-fair on Saturday; saw Davis and one Gibson; Gibson is the master of this gang of boys; I heard Gibson say to Spelter, d - n your eyes, why do not you look sharp? then I went to Gibson, and said, how could you encourage these boys to go about thieving? I asked Davis what he did there; he said, what was that to me: I said, pray what have you in your pocket? there I found two pair of red Morocco pumps; I took them out, and carried him and the pumps before the bench of Justices, and delivered the pumps to an officer named Chapman.

Tristram Rowel . The prosecutor went out with some goods to Stratford, and afterwards told me he had lost such a quantity of pumps; I went with him to Bridewell to see the boy Davis; he was at play, he came to me as soon as I called him; I asked him upon what account he was in there; he said, upon the account of some pumps, but he did not steal them. I said, if you tell me the truth, I will endeavour to get you cleared. He told me, he had the pumps of Spelter and Gibson, and mentioned where Spelter lived.

Spelter's defence.

I was going to take a walk with Gibson; a butcher was going with a cart; they made to a gentleman's house; he asked Gibson to go and ride, Gibson asked me to go; the man said, we might be back in a couple of hours; we went to Plaistow with the cart. When we were in the cart, Gibson pointed to me, and bid me go more backwards, and I came more forwards. I got down, and was going home; Gibson got down, and came after me; he said he had something in the handkerchief, he could not tell what. We went into the fields, and looked into the handkerchief, and found they were shoes; I do not know where Gibson is, he is older than me; he is about twenty years of age, I am going on thirteen.

Davis's defence.

I went with them to Rag-fair, to sell some shoes; they said they found them in Whitechapel-road; they asked me to put some of them in my pocket; I put in two pair; I am going on fifteen years of age.

Mary Davis . I am mother to the boy Davis; he is a draw-boy to the weavers ; he worked with one man two years and a half; he behaved well till he got into bad company.

Spelter guilty . T .

Davis guilty . T. 14 .

357, 358. (M.) Elizabeth Richardson and Susannah Bourn , spinsters , were indicted for stealing a cloth coat, value 4 s. a pair of everlasting breeches, and a man's hat , the property of William Campbell , May 12 . ||

William Campbell . On the 12th of May I was drinking in the morning early, at the Fountain in the Minories; there I met with Richardson in the house; she called for a brush, to brush my coat and hat.

Q. Did she live there?

Campbell. No, she did not; I drank some beer in her company, and went home along with her to her own room, in Parrot-alley in East Smithfield ; it was in the house of Susanna Bourn . I went to bed there with Richardson; when I awaked I found she was gone, and Bourn was helping to put on me some other beeeches; I looked about, and found all my cloaths were gone; Bourn said, come, let us go and see for the girl that has got your cloaths; so we went to an ale-house.

Q. What did you do for cloaths to go in?

Campbell. Bourn brought me some rags to put on, (producing an old ragged piece of a banyan, a pair of cloth breeches, ragged and full of holes) these are they; I put them on as well as I could make them hang on me; and when at that ale-house I was telling the landlord what I had lost, in the mean time Bourn slipped away. I went back to to the Fountain, and a man let me into the light where I must go to enquire after them. I went and found Elizabeth Richardson on the top of Houndsditch; she owned she had been along with me, but did not take my cloaths; but said, the woman of the house said she would have either money, or value, for my being there, and so she took my cloaths; and that she had been along with her to sell them. She asked me to go along with her, and have a pint of beer; so I went with her to the house where I first saw her, and the people of the house knew that was the woman that took me out of that house. Then I got a watchman, and gave him charge of her; she was brought before the Justice; she said there, she did not sell the cloaths, but the people where I had been insisted upon either money or goods for the use of the room: she said she went with Bourn when my cloaths were sold, and got half a crown of the money; that the coat was sold to Mr. Fitzgerald, and the hat and breeches to Mrs. Clark, where I found them.

Q. What did you give to Richardson.?

Campbell. I gave her nothing; I had no money to give her; I gave the landlady of the house my scissars, till I went home to bring some money.

Q. What are you?

Campbell. I am a taylor.

Q. Did you know they had put on things that were not your own?

Campbell. I was not long before I found it out.

John Fitzgerald . The two women at the bar came, Bourn had the coat on her arm; she asked 3 s. 6 d. for it; I bought it for half a crown ( produced and deposed to)

Dorothy Clark . I bought a hat and a pair of breeches of Richardson for 3 s. 8 d. the other prisoner was with her at the time; (produced and deposed to.)

Andrew Popard . The two prisoners at the bar came into my shop together; Bourn had a coat, which she offered to pledge to me; she said it was one of her lodger's.

John Hall. I am one of the headboroughs of St. John's, Wapping, there are seven of us, so one attends every night; on Friday the 16th of May, about one in the morning, Campbell came to me, and gave me charge of Richardson; he said he had lost his coat, hat, and breeches, and had spent what money he had at the Fountain, and she took him down to another house, and he went to bed, but did not know whether he was stripped or not; and when he awaked, the girl and his cloaths, were gone. I asked Richardson if that was true; she said it was, but she did not take the cloaths; but Mrs. Bourn took them, as she found he had no money; that she went and sold the things, and gave her half a crown of the money, and she spent a shilling out of it; I took charge of her, and of the prosecutor also, as he was a stranger to me; I carried them before Justice Hodgson; the Justice asked what sort of a house Bourn kept; she answered, it was a bawdy-house, which she swore to, and that she, that day, gave her 18 d. for the use of the bed. The Justice granted a warrant to apprehend Bourn; we went and found her at the Fountain in the Minories; they both accused each other before the Justice; then I was sent to Mrs. Clark, Mr. Fitzgerald, and Mr. Popard, who gave the same account they have here. The prisoners were committed to New Prison.

Q. from Richardson to prosecutor. Did I take your cloaths from you without your consent?

Prosecutor. How could I give you leave while I was asleep?

Q. Did you give them liberty to raise money upon them?

Prosecutor. No, I had spent three or four shillings on Richardson in the public-house; but the liquor was free for any body there, I had no money left.

Q. Did you know you had no money left when you went with Richardson to her lodgings?

Prosecutor. No, I did not; I did not know that I had left my scissars for money, till I was told of it afterwards.

Q. Had you been acquainted with Richardson before?

Prosecutor. No.

Q. How long had you been at the Fountain before you went to her lodging?

Prosecutor. I imagine I had been there three or four hours.

Q. Was you sober when you went in at the Fountain?

Prosecutor. No, I went there in liquor.

Q. from Richardson. Did you not give me the things to let you lie with me?

Prosecutor. No; I neither gave you them, nor promised you them.

Richardson's defence.

I was in the public-house, the prosecutor happened to come in, his cloaths were very much dirty; he asked to sit down by me; another woman came in, he arose up, and asked her to drink part of a pint of twopenny; the landlord said he was very quarrelsome when in liquor, and would use women very ill; he came up to me and asked me to drink; he took his coat off his back, and asked me to dry it; he had been down in the dirt; the landlord would not let me, so I gave him it again; then he wanted a brush, the landlord would not lend him one. I was coming out to go home about five o'clock. he asked me where I was going, and said, my dear, shall I go with you? I said, I have no home to go to but to my sister's room, and I must go by myself; he said, why may not I go with you as well as another man? I said, I was a disorderly woman, but I thought he was not fit for me; he would go with me, and told me he had no money, but he had things that would make money; he went with me, and stripped the things off, and bid me go and pawn them. I went to Mr. Popard's and offered the coat to pawn, but he not taking it in, I carried it back to him again; then he said, you may go and sell them for something, and buy some other things to wear in their room; saying, he did not care what they were, for he had better at home. After he had got the other things on, he went to bed with me; he not using me well, I got up and dressed myself, and two days after he took me up for a robbery, and after that he wanted to make up the felony for 12 s.

Bourn's defence.

They came home together, he told me he had no money; she said she would not go to bed without he would make her a present; he pulled off his cloaths and gave them to her; she went to the pawnbroker's, and he would lend but 2 s. on the coat; then he desired us to go and sell them, which we did, and bought some old cloaths as he had desired us, then they went to bed.

For the prisoners.

Jane Horn . The man offered to make it up for 12 s. and all expences, at the Noah's Ark, the day they were committed.

Q. How came you there?

J. Horn. Susannah Bourn sent for me; I am a neighbour.

Q. What was you to do?

J. Horn. The Justice was there; but this was in the tap-room, he was not in that room when the man said he would make it up for 12 s. I said, what for an old turned coat; the prisoner said before the Justice, he gave her the cloaths to lie with her, and she would not make it up.

Mary Brand . The prisoner Richardson sent for me to the Noah's Ark; she told me the man had given her the things to lie with her; we had a pot of beer; the man said he would make it up for 12 s. I took her on one side, and said she had better make it up, it was but a trifle she said she would not, because he had given them to her.

Q. to prosecutor. Did you offer to make it up with the prisoner?

Prosecutor. No, they proposed to make it up with me; she never said I gave her the cloaths, before she said it here in court.

Both Acquitted .

359. (L) Samuel Moody was indicted, for that he on the 20th of June , about the hour of two in the night, the dwelling-house of Robert Bigge did break and enter, and stealing two flat irons, value 12 d. a towel, value 12 d. a linen handkerchief; value 6 d. a cloaths-brush, value 1 d. and three pounds of veal, the property of the said Robert . ||

Robert Bigge . On Friday the 20th of June I removed from Five-bell-alley, Little Moorfields, into Grub-street ; in the hurry of removing, I had intermixed my things very promiscuously together; at night I thought I had got them all safe into my house in Grub-street; we went to bed, and soon after two o'clock on the Saturday morning I was alarmed by the calling of several voices in the street, that my house was broke open, and I was robbed, and the prisoner taken. I came down as soon as I conveniently could, and found the prisoner at the bar in custody of a watchman.

Q. Who locked the door?

Bigge. The street-door was safely locked; the back-door was bolted with two bolts; there was a window-shutter, that I fear was not properly secured; the sash-window was down; the watchman told me he had catched the prisoner with the greatest part of his body in at that window, and had pulled him out by his legs; he shewed me a handkerchief, in which were tied up two flat irons, a round towel, a piece of veal, and a piece of bread; they were tied up in the handkerchief, and safe in my house before I went to bed, which was a little after eleven o'clock, which he said he found upon the prisoner.

Thomas Yates . I am a watchman; about one o'clock the prisoner, another man, and a woman, came by me; they said nothing to me, nor I to them: they went up the street and were gone about half an hour; then I saw the other man and woman come from the prisoner; soon after that, I heard something fall, which I take to be the flat irons. I went and saw the prisoner on the opposite side the way to Mr. Bigge's house; I saw him look at the handkerchief which he had in his hand; he set it down by the side of the house, and crossed the way, and went directly in at Mr. Bigge's parlour-window; I went and took hold of his feet, and pulled him out; he was all in but one foot: I said, what business have you here, and whether he belonged to the house: he said he was doing no harm; when he was out, he struggl ed very hard to get away; but I held him fast till assistance came. A man looked out at a window at the next house when he heard us, and said, hold him fast, I will be with you presently. He came down; I desired him to get a cord, which he did, and I tied the prisoner's hands behind him; then I knocked at the door for the gentleman of the house, he came down; I showed him the handkerchief and things in it; (the things mentioned in the indictment, except the veal, produced in court.)

John Barton . About half an hour after two that morning, the watchman called for assistance; I looked out, and saw him have hold of a man's legs at the window; the prisoner began to be resolute; I got a cord, and we tied him round one hand; he offered to hit me on the face; then I flung up his heels, and tied his other hand, and brought him, like a person going to the gallows. Mr. Bigge came down, and owned the handkerchief, and things in it; in the mean time, the brush dropped out of the prisoner's bosom; when we came to the watch-house the prisoner said, the other man that had been with him, whom he called Murphy, and his wife, were the two people that enticed him to do it, and they left him in it; this he said also before Mr. Alderman Cockayne.

Mary Bigge . I am wife to the prosecutor; that morning I came down to the door, the watchman, or somebody else, shewed me the handkerchief and things; I know them to be mine; one of the flat irons has a remarkable hole at one and, by which I can with safety swear to it; the other things I know to be our property.

Prisoner's defence.

I came home from my daily labour at nine o'clock; I went to a house in Little Moorfields, and from thence I was coming up Grub street about two o'clock; I saw this place open, I hallooed out to tell the people the house was open; a young fellow and I went down the street, and came up again; it was still open; after that the watchman came and took me to the watch-house, and after that two men brought a handkerchief, and meat, and bread there; I never put my hand upon any thing.

To his character.

Thomas Milbourn . I have known the prisoner four or five years; I keep a public-house in Grub-street; he has lately lodged in my house; I never heard any harm of him till this; he was apprentice to a cabinet-maker.

John Russel . I have known him about sixteen or eighteen months, I used to mend his shoes for him, I never knew any ill of him.

Peter Box . I have known him a year and a half; he lodged at my daughter's in Little Moorfields, he behaved just and honest there.

Joseph Hooper . I have known him about six years; I employed him, I alway looked upon him as an honest man.

Guilty of stealing the goods . T .

360. (L.) Joshua Muns was indicted for stealing a cotton handkerchief, value 18 d. the property of Henry More , June 29 . +

Henry More . On Sunday last, about half an hour past eight in the evening, I was coming up Snow-hill ; as I crossed the way from one side to the other, I felt something brush against me; I felt in each pocket, and found my handkerchief gone; I turned round, and saw it dropping out of the prisoner's hands, and he was offering to stoop to pick it up; he stooped; I stooped and took it up, and seized him.

Q. Did you know him before?

More. No, I did not; he got hold of it at the same time as I did; first of all he begged my pardon; after I came a little way with him, the mob desired me not to forgive him, but take him to prison. A gentleman came all the way with me to the Counter, where I delivered him: (the handkerchief produced and deposed to.) I knew I had it in my pocket just before.

Robert Butler . I was walking with Mr. More up Snow-hill; he called out, I have lost my handkerchief. I saw it hang between the prisoner and his companion; it was neither on the ground nor in their hands; the handkerchief fell on the ground, and the other man made off: the prisoner said, when Mr. More took hold of him, Sir, if I have offended you, I ask pardon.

Prisoner's defence.

On Sunday night last I was coming up Snow-hill; Mr. More dropped his handkerchief; I saw it drop out of a man's hand, and I saw him make away. Mr. More said to me, you have picked my pocket; I said, I am very certain I have not; I gave him the handkerchief, and he collared me. I am a shagreen case-maker by trade.

For the prisoner.

William Eagan . I was coming from Islington down Cow lane, about half an hour after eight o'clock that night: I came cross the way, and saw the lad at the bar stoop to pick a handkerchief up, which lay on the ground: upon that, this negro fellow took hold of him.

Note, The prosecutor was a black, servant to a gentleman.

Q. Did you know the prisoner before?

Eagan. I never saw him in my life before.

Q. What are you?

Eagan. I have not been home from the West-Indies above a month.

Q. to prosecutor. Did you see this evidence at the time you lost your handkerchief?

Prosecutor. I did not, as I remember.

Butler. The man that made off was much like this man, much the same size; if not him, he was much like him, only he was in other coloured cloaths.

Q. to Eagan. What coloured cloaths had you on that evening?

Eagan. The same I have on now.

Q. How came you to be here a witness?

Eagan. I was at Guildhall, and saw the prisoner there on Monday; then he begged of me to speak for him.

Q. How came you there?

Eagan. I went there for a summons, and was saying I saw it.

Butler. I saw the evidence Eagan on the Monday night; he had on then a brown coat, the same he had on when he made off, if he is the man.

Q. Describe the man that made off.

Butler. The man had a brown coat on, and wore his own hair.

Note, The evidence had his own hair.

Q. to Eagan. What was you bred to?

Eagan. I am a shipwright, and served four years in Port-Royal yard.

Guilty . T .

361. (L.) William Bolton was indicted for stealing one hundred weight of cam wood, value 40 s. the property of Thomas Crosier , Esq ; and Joseph Waugh . It was laid over again to be the property of persons unknown, June 10 . +

Jos. Hargrave. On the 10th of last month I met the prisoner with two sticks of cam, or red wood, on his shoulder in Cloak lane, about six o'clock in the morning; he threw them down at a smith's shop; he seeing me go in at one door, he went out at the other, and left them there. The smith's man, named Tull, went with me after him; he ran so fast we could not overtake him: (one of the pieces produced in court.)

William Tull . I am servant to Mr. Tremble, a smith; I was opening the shop-windows on the 10th of June in the morning, about six o'clock; the prisoner came and asked leave to leave the two sticks, and he would fetch them in a day or two, and satisfy me for my trouble. When he came with them, Mr. Hargrave followed him into the shop. Whether the prisoner saw him or not, I cannot say, but he went out at the passage door, and up Walbrook, and was soon out of sight.

Q. Did he run or walk?

Tull. I did not see him; Mr. Hargrave ordered me to keep the wood, and he would go and acquaint his master of it; his master came and looked at it, and ordered me not to let it go.

Q. to Hargrave. Who is your master?

Hargrave. Mr. Crosier is.

Tull. The prisoner called for it about ten or eleven days after, towards ten o'clock at night; as soon as he set eyes on me, he held out his hand to give me sixpence for my trouble. I told him I should not take it; I was ordered to charge a constable. My master being constable, I said to him, you know what you have to do. Master took him in custody, and ordered me to aid and assist: master ordered his kinsman to go and tell Mr. Crosier the man was come for the wood: the prisoner hearing Mr. Crosier's name, he began to wriggle; (I had hold of him) I said he should not get away; then he offered to kick up my heels, but we secured him: we asked him how he came by it; he was a considerable time before he gave any answer, and when he did, he said he bought it for about 4 s. he was ordered to the Counter, and the next morning he was carried to the Mansion-house; there he said he found it in the mud by the shore-side, on the other side the water.

Thomas Tremble . I am a blacksmith; I pulled out my short staff, being constable, and ordered my man to assist me; the prisoner struggled a good deal with my man. I sent word to Mr. Crosier, that the man was come for the wood, and I had got him. I asked the prisoner how he came by the wood; he said he bought it of a sailor for about 4 s. but did not know where to find him. I was at the Mansion-house when he was there; he said there he found the wood in the mud, in the river Thames, and that he imagined it fell from a wharf, or from on board some vessel.

Charles Harris . I am a wharsinger; the prisoner worked for me several months; Mr. Crosier sent me word, there had been a man taken up, and such wood stopped.

Q. Who is Mr. Crosier's partner?

Harris. Mr. Waugh is his partner; they had some of this wood at our wharf. I examined the prisoner; he said he found it on the way at low-water-mark, one stick lately, and the other two or three months before.

Q. Do you know whose property this piece is here produced?

Harris. I do not know; we have many gentlemen's property in our yard of the same sort of wood, it is very valuable wood.

Q. Do you weigh this sort of wood when you take it in?

Harris. We do; we had weighed in for Mess. Crosier and Co. red wood, and in weighing it again, we found a deficiency of above two hundred weight. We have every gentleman's property put in different parcels; we always keep a particular account at coming in and going out.

William Maurel . I am clerk to Mr. Harris; after Bolton was taken, I was desired to order Mess. Crosier and Co.'s wood to be weighed off; and casting up the weight, there was between two and three hundred weight deficient.

Q. to Mr. Crosier. What is an hundred weight of this wood worth?

Mr. Crosier. It is worth above 40 s.

Prisoner's defence.

We are ordered to pile the wood up in different piles and different parcels, and very often a stick is left unpiled, and now and then all the loose sticks are picked up, and carried up into a lost; I have worked on this wharf eight or nine months; I was as faithful and as handy as any one there; I was used to do work within and without; while I was there I happened to pick up some wood; I would say, it deserves a pint of beer. I have been told they did not know whether I should have a pint or not: after that, I found some in the water; I got a brush, and cleaned them, and put them under my bed; having found no encouragement for picking them up, I thought I might as well do it as other people.

He called James Woredall , William Hodges , Brown Maning , and Henry Wilson , who gave him a good character; he also called John Anthony Horner , who said he knew nothing of him.

Acquitted .

362. (L.) Sarah Smith , widow , was indicted for stealing two linen sheets, value 10 s. one cotton counterpane, one pillow-case, and one silver tea-spoon , the property of Anne Langley , June 11 . +

Anne Langley . One Mrs. Thompson took a room in my house; the prisoner at the bar came backwards and forwards to do her work; at six weeks end I asked Mrs. Thompson for some money, having had none of her, upon which she went off; the prisoner was with her from the Sunday after she came into my house, because she was ill, and she staid two days after Mrs. Thompson, when she said she could not tell where to find Mrs. Thompson. I bid her go away, as I supposed she could not pay the rent of the room: I missed the things mentioned in the indictment, (mentioning them by name) I had missed them before she went away; Mr. Payne went with me to the pawnbrokers; the prisoner told me she had pawned them; the teaspoon, pillow-case, and counterpane were in her own name; the sheets in the name of Rebekah Thompson .

William Payne . I was the constable; yesterday was three weeks the prosecutrix sent for me to take charge of the prisoner; I went, and found her at her house; she keeps a coal-shed by Fleet-market. I asked the prisoner, where the things were; she told me the pillow-case and counterpane were at Mr. Paterson's, where Mrs. Langley had fetched the tea-spoon from; upon that, I asked her, if she would go over with me to the pawnbroker; she and the prosecutrix both went; the pawnbroker delivered the things without a warrant, one was pawned for half a crown, the other for 3 d. the prisoner owned she had pawned them in her own name; I took her to Wood-street Counter, and the next day to Guildhall; there she confessed she had pawned a pair of sheets in Great Poultney-street, at the other end of the town: the Alderman desired I would go with Mrs. Langley; there we went, and found they were pawned in the name of Rebekah Thompson : she said she pawned them herself, by Rebekah Thompson 's order. The magistrate granted a warrant against Rebekah Thompson ; I have it, but as yet I cannot find her; she is described as a tall woman, very much of a gentlewoman: I expect I shall meet with her by and by.

Thomas Caterel . I am servant to Mr. Paterson, a pawnbroker in the Fleet-market; on the 23d of last May the prisoner pledged a counterpane, and on the 30th a pillow-case with me; she brought a tea-spoon, but I did not take an account of the time of bringing that.

Charles Murthwaite . I am a pawnbroker. The prisoner at the bar pledged these sheets with me on the 2d of June; (produced and deposed to) she pledged them in the name of Rebekah Thompson , whom she said she lived with; she fetched a gown out of Mrs. Thompson's at the same time.

Prisoner's defence.

I was with Mrs. Thompson as a servant; she desired me to carry these things to pawn, and put them in my own name. I did not know at that time that they were Mrs. Langley's, they being packed up at the time; she sent me to Poultney-street, to bring her a white gown out, and to leave the sheets in pawn, which I did. I was obliged to her in no shape, only for my lodging, till I could get a place.

Acquitted .

363, 364. (M.) Richard Weaver , and Robert Elliot were indicted, the first for stealing thirty-nine bushels of coals, value 39 s. the property of Leonard Phillips , and the other for receiving the same, well knowing them to have been stolen , June 3 . ||

Leonard Phillips . I had an order to lay in his Grace the Duke of Marlborough some coals at the cheapest price; I took an opportunity to lay them in on the 3d of June; I trusted Weaver as carman , with four more; I worked five carts that day; the thirteenth load that he should have delivered in that day, were never delivered at his Grace's, (he produced the ticket No 13.) the coals were put into the cart; the evidence Richardson, who was sent to trim the coals, voluntarily surrendered, and gave me the account of Elliot, the receiver: I went and brought Elliot before Sir John Fielding , there he owned he paid no more than 24 s. for thirteen sacks of coals, and he offered me four times the value if I would not prosecute him; he owned to the receipt of them.

Q. What is the value of thirteen sacks of coals?

Phillips. I was to have received after the rate of 36 s. a chaldron; there were thirty-nine bushels of coals, they cost me 29 s. in the Pool. I took Weaver yesterday morning in his own house; I charged him with being accessary to the sale of these thirteen sacks of coals; he owned they were bought by Elliot, and he owned to his receiving part of the money; and said, that Richardson was a receiver in part with him.

Richard Richardson . I was the person that was to trim the coals at the Duke of Marlborough's for Mr. Phillips; Weaver called me out of the cellar, and said I was to go along with his cart; there were thirteen sacks of coals; I brought the coals up, and he met me just at the bottom of the Haymarket; he said, give me the ticket, I'll go and carry it, do you go to Elliot's house and shoot the coals; I went with the cart there.

Q. Where was the cart loaded?

Richardson. It was loaded at Mr. Phillips's wharf; Weaver's name was on the ticket, as car-man; Elliot helped me to shoot the coals at his house; Weaver waited for me, and met me in Pallmall; he said to me, you must give the ticket to the Duke's porter the next time, and tell him I forgot it; he said, the porter is to have a crown of the money, and that he was a party concerned. The next load of coals that I came with, I gave the porter two tickets, and said the other man forgot to give him one before; the porter said the coals have not been here; he would not take the ticket: then I went to Elliot and got 5 s. 3 d. and offered it to the porter; the porter said, I wonder what you mean by this, I'll have the coals in; the next load I went and got another 5 s. 3 d. of Elliot, and offered the porter the two 5 s. 3 d. pieces; he would not take them, and insisted on having the coals in. At night I went to Elliot and got the remainder of the money, 24 s. in the whole; he had three bushels in a sack, thirty-nine bushels in the whole. The next morning Weaver sent his wife to me at the stable; she was like a mad woman, and said her husband had had no rest all night; then he sent for me to an ale-house, and said we must go to Elliot, and make up the money to buy the coals; we went and asked him whether he would give any more money, and we laid the whole money down upon the bench; he said he would give no more; our fellow servants heard of it, and told it about that we had sold a chaldron of coals.

Q. What became of the 24 s.?

Richardson. Weaver took it up, and gave me 2 s. of it.

Q. from Weaver. Whether you did not stay along with me till all the money was gone, and 8 s. of my own money?

Court. That question will do you no good.

Joseph Cleeve . I am porter to his Grace the Duke of Marlborough; the coals came in on the 3d of June; when Weaver brought two chaldrons of coals, he said, I can be 5 s. in your way; I said, how; let me alone for that, said he; I said, do you intend to leave any of the coals by the way, if you do, I'll do no such thing: he wanted me to take a ticket when no coals were delivered; I refused to take the ticket; Richardson came and offered me a 5 s. 3 d. I refused it; after that he came again with two; I refused them, and insisted on his bringing the coals; the next morning Weaver came and offered me 24 s. I refused to take it; he said if he was found out, he should come very badly off.

Weaver's defence.

I was not in the place when the coals were shot; I was as drunk as could be; I never set my eyes on the coals after they were loaded; I went home through the Park as drunk as I could stand.

Elliot's defence.

I knew nothing of the coals coming in; I was quite in liquor that day; I did not give the evidence two 5 s. 3 d. pieces, I paid them all together.

For Weaver.

Thomas Freeman . I have known Weaver twenty-five years; he always bore a very good character.

Weaver guilty . T .

Elliot guilty . T. 14 .

365. (M.) Rebekah Arnold , widow , was indicted for stealing a linen gown, value 10 s. two cotton gowns, value 8 s. one linen sheet, value 1 s. and one linen apron, value 1 s. the property of Robert Allford , May 24 . ++

Elizabeth Allford . I am wife to the prosecutor, we keep a chandler's shop in Cable-street, near Wellclose-square ; the prisoner took a lodging in my house, she left it the 24th of May; the week following I missed three gowns out of a box in my own room; I got a warrant, and she was taken; she first owned to the taking the things out of her lodging, for which there is another indictment; when she was asked about the gowns, she fell to crying, and said she had taken them and pawned one in Russel-street, and sent the other two by another person; we went with her to Mr. Harris's, there we found one gown, and to Mr. Craydon's, there we found another, and then to Mr. Simonds's, there we found the other; the sheet was pawned to Mr. Ratt, but that was taken out again and sold; the apron was pawned by the prisoner at Mr. Allen's.

Anne Harris . I lent 3 s. upon this gown on the 15th of May (produced and deposed to.)

John Matthew Craydon . I am a pawnbroker in Ratcliffe-highway, I took in this gown of Martha Tozer on the 17th of May for 4 s. (produced and deposed to.)

Edmond Simonds . I am a pawnbroker in Ratcliffe-highway; Sarah Phillips pledged this gown with me on the 16th of May (produced and deposed to.)

Peter Hall. I heard the prisoner own before the Justice, that she took these things from the prosecutor's house.

Prisoner's defence.

One Sarah Davis persuaded me to do it; I was never sober for three weeks, all the time I was in the house.

Guilty . T .

366. (M.) Andrew Duffey was indicted for stealing three pair of leather shoes, value 4 s. the property of Thomas Davis , June 10 . *

Thomas Davis . I was not at home the time the three pair of shoes were lost; coming home I was told I had been robbed, and the thief was then before Justice Welch; I went there and saw the shoes, and knew them to be my property.

John Fowler . I am apprentice to the prosecutor; I was filling the water-tub, a young man came and old me a man had taken three pair of shoes; he and I run and found the prisoner in the back alley, I took the shoes from him, they were my master's property, taken from out of our window.

Prisoner's defence.

I was very much in liquor.

Guilty . T .

367. 368. (M.) Benjamin Anderson and Joseph Fletcher were indicted, the first for stealing a silk handkerchief, value 18 d. the property of Archibald Miller , privately from his person , and the other for receiving the same, well knowing it to have been stolen , June 24 . *

Archibald Miller . I was walking in Ayliffe-street, Goodman's-fields , on the 24th of June, with two or three gentlemen; a gentleman called from the opposite side of the street, a pocket was picked; people came about; Fletcher was taken immediately; the other ran a little way, but was soon taken; I did not perceive who picked my pocket, but my handkerchief was found upon Fletcher (produced and deposed to.)

Charles Wilkinson . On the 24th of June, between eleven and twelve in the day, Mr. Miller was walking by my house, I was on the opposite side the way; I saw the prisoner Anderson take a silk handkerchief out of Mr. Miller's pocket, and give it to Fletcher; I made an alarm; Anderson made a run, the other did not attempt to make his escape; Anderson was soon taken; the handkerchief was found upon Fletcher.

Anderson's defence.

I was running along, I picked up this handkerchief and gave it to Fletcher.

Anderson guilty, 6 d . T .

Fletcher acquitted .

Note, There can be no accessary to a petty larcency, there being no possibility of reaching Fletcher, without capitally convicting Anderson, by finding the value above a shilling.

369. (M.) Frances Brown , spinster , was indicted for stealing two shift bodies, seven linen sheets, four nankeen waistcoats, three aprons, a petticoat, two pair of worsted stockings , the property of Gasper Bruner , June 28 . *

Elizabeth Bruner . Gasper Bruner is my husband, we keep a public-house ; I was sitting in the bar, and through a glass-door I observed a woman upon the stairs, last Saturday in the evening; I asked her what she had been up stairs for; she said she had made a mistake; I saw she had a great bundle, I pushed her into the bar, it was the prisoner at the bar; I found the bundle to be linen, and things which the washerwoman had brought home but about a quarter of an hour before, the same as mentioned in the indictment; I sent for the headborough; he took an account of the things, and took her to the Round-house: (the goods produced and deposed to.)

Q. Had the prisoner been drinking in your house?

E. Bruner. I do not remember that she had.

Rebekah Clover . I am servant to Mr. Bruner; I received this bundle of my mistress when the washerwoman brought them home, and carried them up into the dining-room upon a table, but a little before the prisoner was stopped with them.

Prisoner's defence.

I lodged in St. Giles's about a fortnight; I was to have met a man and his wife; I went into the house for a pennyworth of beer; there were some people I did not care to see; I went into the entry, and there I found this bundle; I was bringing it to the gentlewoman at the bar; she took it from me, and swore I robbed her.

Guilty . T .

370. (M.) John Banbray was indicted for stealing thirty feet of hempen rope, value 10 s. the property of Paul Jacob Grove , May 30 . *

Paul Jacob Grove . On the 30th of May in the morning, I found my cable had twelve feet cut off it, which is fourteen inches thick, and some cut off from a small rope three inches thick; there were thirty feet in the whole missing.

John Phillips . Our ship belongs to Mr. Grove; the rope being over the ship's side, to keep her off from the next ship, this rope which we cut was taken upon the gunnel of the other ship. I do not know who cut it; but there was a pair of shoes and buckles left in a boat, which the prisoner came for, and said were his property; the next morning then we secured him, and charged him with cutting the rope; he then confessed he did cut it in my hearing, and fell on his knees, and said he would do so no more.

Prisoner's defence.

They robbed me, instead of my robbing them. I belonged to a vessel; I was going to get the water out of my shoes, as it rained very hard; the dog barked, and they came up and took my buckles and shoes; I came for them the next morning, and they took me in custody. I came from Lisbon in the Dove; I was taking care of her, as all the men were paid but me.

Prosecutor. I let the captain of his vessel know what the prisoner had done, and he returned me many thanks.

Acquitted .

371. (M.) Maria Louisa Charbilies , spinster , was indicted for stealing three linen shirts, value 3 s. one linen apron, value 1 s. and one silver teaspoon, value 1 s. the property of Peter Scoakert , June 10 . ||

Frances Scoakert . I am wife to the prosecutor; I took the prisoner in out of charity, she being in distress; I lost the things mentioned in the indictment (mentioning them) about the 10th of June, she absented herself; she was seen at Chelsea, where we went and took her; she had my bonnet and cloak on at the time; I found my things pawned in West-street, to Mr. Humphreys; the prisoner acknowledged them to be my property.

Thomas Gibson . I live with Mr. Humphreys, a pawnbroker; the prisoner pledged two shirts and a cheque apron with me (produced and deposed to.)

Q. to F. Scoakert. How long had the prisoner been at your house?

F. Scoakert. She had been at my house about eight or nine days. I live in Crown-street, Soho-square .

Prisoner's defence.

I had the silver tea-spoon in my pocket, and I lost it, I had no intentions to pawn it.

Guilty, 10 d . T .

372. (M.) Elizabeth Wood , spinster , was indicted for the wilful murder of her female bastard child . She stood charged on the Coroner's inquest for the said murder, June 8 . *

Susannah Pendry . I am a servant to my Lady Hop, so was the prisoner; she was my bedfellow; on Saturday the 7th of June, the prisoner went to bed before me at half an hour after eleven; I went to bed to her at twelve, she was asleep; in the night I heard her out at the feet of the bed at the chamber-pot, as I thought, and I heard her come into bed some time after, but at what time I cannot tell; I awaked about seven in the morning, she was sitting up in the bed, with her petticoats over her shoulders. I asked her the reason she was not up sooner (her usual time was at six;) she said she had been extremely ill all night; I said, if she was ill, it was better for her not to get up, I would get up and do her work for her; I got up and left her in bed; I observed something in the chamber-pot gave me some suspicion of something more than ordinary; she told me she had been at the vault. I went into the house-keeper's room, and told her what I had seen (which was blood;) she desired me to get a candle and look down into the vault, which I did; I saw a great effusion of blood by the vault upon the ground, and I saw an after-birth in the vault; I took it out with a pair of tongs, and put it into a pan of water. The housekeeper went and acquainted Mrs. Hop of it; then an apothecary was sent for: Samuel Harness , his servant, came immediately, we shewed him what I had found; after that the child was found.

Cross examination.

Q. How was she for health when she went to bed?

S. Pendry. She was as well as I had known her to be.

Q. Did you hear her go out of the room?

S. Pendry. No, I did not.

Q. Did you hear any crying out?

S. Pendry. No.

Q. Had you that night any close-stool in the room?

S. Pendry. No.

Q. Do you know of any provision she had made to put a child in?

S. Pendry. There was one clout provided for it, she said herself it was for the child.

Q. Did you see the child after it was taken out of the vault?

S. Pendry. I did.

Q. Were there any marks of violence on it?

S. Pendry. No, none that I saw.

Q. How had she behaved in her service?

S. Pendry. Extremely well; I never knew a servant behave, in all shapes, better than she did.

Q. Did you observe any thing in her dress in order to hide a great belly?

S. Pendry. No, I did not.

Q. Did you charge her with having a child?

S. Pendry. I did.

Q. What was her answer?

S. Pendry. She told me she had had no child.

Q. How soon after was it that she did acknowledge she had had a child?

S. Pendry In about half an hour after.

Q. In what manner did she say she was delivered?

S. Pendry. She said the child was in the vault, but it was dead; she said it came from her, and she did not know of it.

Q. If she had the pains of labour upon her before she departed the room, should you not have heard her?

S. Pendry. I heard no noise.

Samuel Harness . I am foreman to Mr. Lydial; I was sent for on this occasion to Mrs. Hop's, on Sunday the 8th of June, about eight in the morning; I was taken down stairs and shewed an after-birth; I made the servant that shewed it me acquainted with what it was, and desired her to let Mrs. Hop know, upon which I was desired to go up to her; I told her what I had seen below; my lady desired I would step up to the girl; I went up, not being willing to slurry her too much, I first asked her how she did; she made answer she was indifferent, or something to that import; I asked her whether she had any thing come away from her more than what I had seen; she said no; I told her she could not think to deceive me, there certainly was a child somewhere; she made answer, she was sure it was dead, that she had not felt the child move for two months; I told her the child must be concealed about the bed some where, or where the after-birth was found; she said it was there; I went and acquainted my Lady Hop with what she had said. I went away, and was called there again about three o'clock, and was shewed the child; I examined it, and found no marks of violence upon it; I attended her daily till she was removed from my Lady's.

Cross examination.

Q. Did she say in what manner she was delivered

Harness. No, she did not.

Q. Was the child full grown?

Harness. It was.

Jos. Ferdinando Gellio. I am pupil to a surgeon. On Monday June the 9th, I was sent for on the Coroner's inquest, and was desired to open the body of a female infant, in order to inform them whether it was still-born; I did, and tried the usual experiment; I took the lungs out, and put them into a bowl of water; they swam.

Q. What do you infer from that?

Gellio. The inference I infer from that is, that the child had breathed.

Q. Did it appear to have been at its full time?

Gellio. It did.

Cross examination.

Q. Have you seen this experiment tried?

Gellio. I have frequently, and have tried it myself; the lungs are specifically lighter upon the water by having been inflated.

Q. Will they swim when they are putrid?

Gellio. They will.

Q. Whether, in your opinion and judgment, the unfortunate woman at the bar might be delivered of this child as she sat on the vault?

Gellio. I believe there is a possibility of that.

Q. Do you believe the child might have dropped from her as she sat on the vault?

Gellio. I do.

Edward Lidiard . On Sunday the 8th of June I was desired to go to Arlington-street, to Lady Hop's; I went into her fore-parlour, there I saw Mr. Spinage and another gentleman; they told me what had been, and that the child was down in the hog house: they desired I would get people in order to search after the body; I went and got a master bricklayer and his man; they went to work in order to search; I believe they found the body of the child about three o'clock. I saw it found; I believe it might be got down four feet into the soil; by raking, it might get lower down than it would have done, had the soil not been disturbed; I desired them to put it on a bit of a board, and get a pail of water, and wash it clean; after that, I sent for the apothecary to search the body, to see if there were any marks of violence upon it; he came, and did not find any; then I went and acquainted the Coroner of Westminster of it.

Prisoner's defence.

The child dropped fr om me as I sat upon the vault.

She called Anne Green, George Wood , and Anne M'Carey, who gave her an exceeding good character.

Acquitted .

373. (L.) Robert Johnson was indicted for stealing a woollen cloth great coat, value 5 s. the property of John Wadley , June 4 . ++

John Wadley . I am a salesman in Monmouth-street; last Whitsun Tuesday I went to Wandsworth-fair with a coach; when I came there, I put my great coat in the coach, and went up into the fair, and staid about half an hour; when I came back, my coat was gone. About three weeks or a month after, I happened to go along the Strand, I saw my coat on a coachman's back; I asked him how he came by it; he told me he bought it of the prisoner.

James Bowland . I bought the coat of the prisoner at the bar six weeks ago to-morrow, in Gracechurch-street; I have known him three or four years; he is a coachman, so am I; I sold the coat the same evening to the man upon whom it was found, Job Briscoe.

Job Briscoe. I bought the coat of James Bowland at Vauxhall, about six or seven weeks ago: I do not know the day of the month.

Prisoner's defence.

I was drinking at the Swan in Long-alley, Moorfields; a young fellow asked me, if I wanted a coat; he had this to sell very cheap; he took me to the Two Brewers at the corner of Bunhill-row, and went and fetched it; he asked 7 s. for it; I gave him 6 s. and a pint of beer, and I sold it to James Bowland .

To his character.

Philip Backwell . I have known the prisoner at the bar 18 years; I never knew any thing amiss of him; he is willing to work, and get an honest livelihood.

Q. What are you?

Backwell. I am a mahogony-turner in Old-street.

Acquitted .

374. (L.) Robert Henderson was indicted for stealing one half guinea, and 8 s. in money, numbered , the property of Hannah Clarkson , spinster , June 4 . ++

Hannah Clarkson . I live in the Cloisters with Mrs. Paterson, a millener; I was on Tower-hill on the 4th of June, the King's birth-day; I had my pocket picked of half a guinea and 8 s. in silver, between the hours of nine and ten at night; I had reason to think the prisoner did it; I took hold of him; he declared himself innocent, and I cannot say to the contrary; he stood next to me; he was searched, and only 17 s. 6 d. found upon him; it was a half guinea and 7 s.

Edward Wild . The prisoner was brought to me to the watch-house; I took charge of him and the money.

Q. to prosecutrix. Was your money in a purse or loose in your pocket?

H. Clarkson. It was loose in my pocket.

Acquitted .

375. Jane Steward was indicted for stealing four guineas , the property of Samuel Dring , May 30 .

The prosecutor was called, and did not appear. Acquitted .

376, 377. (L.) James Cowen and Peter Bonks were indicted, for that they, in a certain alley near the King's highway, on William Norwell , did make an assault, putting him in corporal fear and danger of his life, and taking from his person a silk handkerchief, value 6 d. his property, and against his will , June 30 . ++

William Norwell . On Monday night I was going home to my habitation in White-cross-street, out of Golden-lane , into some alley, about half an hour after ten o'clock all alone; four or five men met me in the alley; they first got to the side of me, and knocked me down without speaking, which almost took away my senses; I made as much resistance as I could. They catched hold of me by the collar, and by my handkerchief about my neck, and dragged me five or six yards back; then they knocked me down again. Some of the company asked me, if I was an Irishman; I could make no answer, being obliged to call out for help; then they kicked me; I called murder I about half a dozen times; I called to Mr. Boldridge, who lives near, I serve him with bread; his wife came to the window and called out, let the man alone; you are murdering fellows: they knocked me down again; somebody said, let him alone, he is no Irishman; some of the witnesses that are here, fetched some watchmen; by that time I was almost strangled with blood coming out at my mouth and nose; if it had not been for the neighbours and the by-watch, I should certainly have lost my life; I desired them to take all I had got, so that they spared my life; they d - d me, and said, I was no Irishman; I believe they are Irish.

Q. Did they demand any thing of you?

Norwell. I cannot say whether they did or not.

Q. Did they put their hands in your pocket?

Norwell. No, not to my knowledge.

Q. Had you any money or watch about you?

Norwell I had both, but lost nothing but my handkerchief; the two prisoners were there among them.

Q. Did you know them before?

Norwell. I never saw them before to my knowledge: they both violently laid their hands upon me; Cowen knocked me down; he had my handkerchief. The prisoners were apprehended in about two or three hours after in the same court, by the constable and assistance: I was there, and pointed them out.

Henry Hodskin . I was coming down Golden-lane; this passage comes down between two streets, it is called Sun-alley; these people had been in a quarrel before; I stood by and saw it: there were the two prisoners, and two or three more, quarrelling with a man that they met accidentally, this was better than half an hour after ten o'clock; they parted with him, and came cross Red-lion-market, and down into this alley. There was another man, who said, these people are very quarrelsome: he would not go on, but turned another way; it was my way to go through; I staid at the top of the alley, thinking they might be got to the bottom, but instead of that, they turned into this court; when I came within 15 or 20 yards of the court, they turned back into a narrow passage; Cowen set his back against the wall of Mr. Dickenson's brewhouse, the others set their backs against the wall on the other side; I came boldly down, and cried, halloo, my boys! I was just got past the last of them; the prosecutor came; I had not gone past five or six steps before he was knocked down, they catched hold of him, and dragged him into the narrow court out of the open passage; at the corner of the court they knocked him down again; one of them d - d his eyes, and said, he is an Irishman; another d - d his eyes, and said, he is no Irishman, and down with him again; he cried, murder! another gentleman was coming; I ran to call the watchman, and just as we came up, Cowen catched the prosecutor by the breast, and threw him down again; they had been kicking of him before; I had seen that, but dar'd not go to his assistance; I went to call the constable; he was rather dilatory in coming, and I went back again; then the neighbours got out of their beds, and went to fetch the constable; he then came, and two or three watchmen; in the mean time these men were gone into a house; then we went all back to the watch-house. The prosecutor insisted on the constable setting somebody at the door where they went in; they set three men. I went home to bed, but was called up afterwards, and went to the watch-house, and was sure the two prisoners were two of them; that is a very dangerous place in a night.

Q. Do you think people that had just committed a robbery would go into a house directly?

Hodskin. People were got about, so that they could not get either way to get off.

William Boldridge . I am an inhabitant in this neighbourhood; we went to bed about ten o'clock; hearing a noise, I got up and went to the door in my shirt; my wife went to the window; I saw the prosecutor on the ground; he is a baker, and serves me with bread; he called to me, but his mouth was full of blood, I could hardly understand him; I saw the fellow run into a house; the man of the house says they lodge there; the prosecutor had lost his handkerchief; we took him into our house; he was there some time before the prisoners were taken; I went to the watch-house with him; he said he was positive the two prisoners were two of the men that abused him; they are a very bad set of people; I have seen them abuse others so, and run into that house; they threaten ruin now to me, and others that have concerned ourselves about them.

Tobias Vickers . I am a lodger in Mr. Boldridge's house; about a quarter before eleven, I heard the cry of murder several times; I got out of bed, and saw the baker lying on the ground, and four or five men about him; he got up; I saw them knock him down again; he arose upon his knees, they knocked him down again; he cried murder! in a very alarming manner. The woman where I live got to the window and cried, you murdering thieves! have you a mind to murder another man: then I saw them run into the house where they were taken. When I came down to the baker, his mouth was full of blood; when I asked him what was the matter, he was not able to answer. I was at the taking the prisoners in their lodgings.

Charles Marnet . I was coming home that night about half an hour after ten o'clock; I heard a noise of a parcel of people, and murder was cried; I pushed forward towards the broad place; I had not been there a minute before the prisoner Cowen knocked the baker down, and the other prisoner stamped upon him with his knee; they cried out, d - n him, he is no Irishman. I was obliged to make my escape as fast as I could. I ran to the watch-house in Red-cross-street: by that time people got to the watch-house; then we came up to the place where they abused him, and the men were got into their place of abode. We set three or four watchmen at the door; the constable knocked and asked for admittance; it was some time before they would open the door; the mob insisted upon going up, and seeing what people there were in the garret: I went up with them; the constable would not break the door open; we came down again; the constable went to the watch-house, and three watchmen more came to watch; there came three or four people quite enraged, and insisted the door should be broke open: the constable came and went up with us, and a man took a watchman's staff and broke the door open; there we found four men in bed, the two prisoners were two of them; we guarded them one by one to the watch-house; the baker gave charge of the two prisoners, which I can swear to, that one knocked him down, and the other kneeled upon him. The landlord of the house where they lodged came to the watch-house, and said he could swear the other two were in bed by nine o'clock, upon which the constable allowed them bail; I could have swore to one of them that is let go.

Cowen's defence.

I was coming home; I accidentally met this man about six doors from my lodging; I happened to shove against him; but as to striking him, I never did.

Monks's defence.

One of them tumbled over the other, and the man cried out, murder! and watch! I got up and said, Gentlemen, I beg you will be easy; we went home to bed, and lay there; if the gentleman has lost his handkerchief, it may be so, but I know nothing of it; they got sufficient help to take us out of our beds: our landlord was not by, he was in bed; he had no right to come as a witness.

For the prisoners.

Thomas Lyon . I live in Newtoner's-lane, and am a bricklayer; Cowen lodged with me about eight months; I know him to be an honest sober lad.

Catherine his wife, gave the same evidence

Anne O'Brian . I live in Tottenham-court-road; Peter Monks was my lodger going on two years; he was honest and just, and never kept bad hours with me; he had used to take my advice as a mother; nobody can say black to him, God bless your Lordship.

Both acquitted .

They were detained, to be tried for violently assaulting the prosecutor, &c.

378. (L.) John Davies was indicted for stealing a pair of leather harness, two bridles, and one collar, value 4 l. the property of Kendall Mason , Esq ; April 30 . ++

Daniel Lewis . I am a servant to squire Mason in Mark-lane ; I was in the country when the harness was stole; when I returned, Mr. Miller that belongs to the inn, told me the things mentioned in the indictment were stole. I came back on the 30th of April, and I saw the prisoner the 1st or 2d of May; he had used to lie about the yard; he was in prison; we went into the taproom, he told us as near as he could where he had sold them; Mr. Miller got a search warrant, and we found them.

George Miller . Mr. Mason rented a stable of me, at the time this harness; was lost there was an advertisement about some Irish stuffs stole out of my yard; he was stopped about these goods in the Borough, he having offered them to sell; one of our servants went and saw him there in Bridewell; he came home and told me; I then mistrusted he had stole the harness; I went to him, and said, John, you have stole these things; how shall I get you off? he said, master, I wish you could. I asked him about the harness; he told me he had sold them at the Black-horse in Aldersgate-street; I went with two or three of my servants, and found them there, one Green bought them; we took them away. I had five different actions for several things that have been stole out of my yard, and I verily believe the prisoner stole them all.

Thomas Green. I am a master coachman; I bought the harness of the prisoner at the bar some time in April, I cannot tell the day: I gave him 18 s. 7 d. for them,

Q. Did you know him before?

Green. I never saw him before to my knowledge.

Q. Was there a crest upon them?

Green. No, that was taken off; there were bridles and a false collar belonging to them; he said, he had them to sell for a gentleman's coachman, who was gone into the country, and he was to give his wife the money.

Prisoner's defence.

I had this harness of madam Croucher's coachman; they may swear away my life if they please

Guilty . T .

379, 380. (L.) John Marsh , and William Page , were indicted for the wilful murder of John Sterling ; they stood charged on the Coroner's inquest for manslaughter, May 28 . ||

Thomas Sturges . On May the 13th in the evening, there were only William Page and John Marsh together in a room at the Kentish Hoy, in Harp-lane in Thames-street ; Sterling came in about eight in the evening; I never saw him before; he had some snuff-boxes to sell, nobody cared to buy; we agreed to put them up by auction; I stood auctioneer; they began to play the rogue; I desired the landlord to persuade him to go home, because he began to be a little in liquor; upon that, he went out at the door, and the landlord shut the door: after that, he came back again, and knocked at the door, and Page went and let him in; they were all pretty full in liquor; they began playing the rogue again; as I was sitting. I saw Page lying down on the floor, and when I was settling the reckoning, I heard Sterling fall; looking round, I saw him and Page on the floor together, and the maid-servant and Page were taking Sterling up; Marsh was near them; after that, I persuaded the man to go home; he wanted to drink more beer first; they sat down, and drank part of two pints of beer; Page and Sterling seemed to be very agreeable together; I left them drinking together, and went to bed; this was all in mirth and playing the rogue together.

David Davies . I keep the house; I was not in the room; they had been merry for some time, one pushed another; the deceased was a good-natured man, but generally drunk; seeing him in liquor, I persuaded him to go home between ten and eleven o'clock; some time after, I heard something tumble; I went to see; he was up before I got there; after that, he drank part of two pints of beer with them, and was very well as usual, and did not complain at all.

Damsen Bodington. I am the maid-servant at the Kentish Hoy; I did not see the deceased fall, I was in the kitchen at the time; the girl called me to help the man up from the floor, that is all I know of it; he staid some time in the house after that, and drank part of two pints of beer.

Ellen Sterling . I am the widow to the deceased; my husband came home about twelve o'clock that night; he was all over ashes; he said, he had been very ill used at a house in Thames-street by two villains; he complained prodigiously of his head, and said, the villain had given him his last blow, and desired I would go and get a friend on the morrow to see them brought to justice: all I gave him the next day came up again; he was very feverish; he got up, and went out about two hours, and came in again, and said he could drink nothing; he continued reaching all that night. I went out, and when I returned, my landlady told me my husband was dying. I went up to him; he had a violent fit, he had had one before. I sent for a surgeon, who bled him; this was on Thursday the 14th; he mentioned several times of their throwing gun-powder in his face; on the 28th at night he said he could neither spit nor blow his nose, but it made his head seem as if it would come in halves; he died between the 28th and 29th of May, a fortnight after he received this injury, and left word with me to bring them to justice as far as I could.

Mr. Ioney. I was sent for to the deceased on the 15th of May; he complained very much of his head; I asked him by what means it came; he informed me, he had been at a public-house by Thames-street, and in a fall his head went against something, and it grew worse and worse.

Q. Did he mention to you who did him the injury?

Ioney. No, he did not; he mentioned two captains and some others: the symptoms he had upon him denoted an injured brain; upon which, I examined his head, but could find no wound or tumour.

Q. Did those symptoms continue?

Ioney. They did, till his death; he died, I think, the 28th; after his death I was desired to open the head, which I did, in the presence of another surgeon; we found there was no injury done to the external part, and the cranium was quite found; upon examining the brain itself, we found a large quantity of extravasated blood between the membrane and the brain, on the right side, the side he always complained of, from the time of his receiving the blow.

Q. From the whole of your observation, what in your opinion was the occasion of his death?

Ioney. There is no doubt but the extravasation of blood in the brain, was the occasion of his death. No man could live in such a case.

Q. Could you account for that extravasated blood?

Ioney. No, but the concussion or shock might break a blood-vessel in the brain.

Q. Would not intemperate drinking burst the vessel?

Ioney. Undoubtedly that is possible, from drinking or violent exercise.

Q. Could he have lived so long if the vessels of the brain had discharged any blood that night when he received an injury?

Ioney. I think it is improbable, by reason the injury in the brain appeared increasing. I found nothing staid upon his stomach, and two days after he became paralytic, and that increased more and more to the time of his death; these are symptoms of an injured brain.

Q. Suppose a man has lived in general a very intemperate life as to drinking, and should happen to fall with his head downwards, might that occasion the bursting of a blood-vessel in the brain?

Ioney. Without doubt it may, the vessels being full.

Both acquitted .

381. (M) Matthew Jenkins was indicted for stealing a mahogany tea chest, value 2 s. five silver tea-spoons, value 5 s. one silver tea-strainer, and one pair of silver tea-tongs , the property of James Bowler , June 26 . ||

James Bowler . Yesterday was a week I lost the things mentioned in the indictment; the prisoner had lodged at my house about a week; he came in at about seven at night, and went, as I thought, up to bed; I went to bed soon after. The next morning, at one o'clock, the watchman came and knocked at my chamber-door, and said my street-door was open; I concluded some lodger had gone out and left it open; I desired the watchman to shut it after him; I still continued in bed. In the morning, the young man that lodged with the prisoner, came and asked me if I had seen him; saying, he is gone, and has stole my coat and a pair of shoes. I then went down into the bar, and missed my tea-chest; I sent for a constable, and went in quest of the prisoner; we found him; he owned to the taking the things, and had the spoons in his pocket: (produced and deposed to.)

Prisoner's defence.

I have no friend here to speak for me.

Guilty . T .

382. (M.) Frances Collins , spinster , was indicted for stealing one linen shirt, value 3 s. one stuff gown, value 3 s. one cotton waistcoat, and one linen sheet , the property of James Bourn , May 29 . ||

James Bourn . I lost the things mentioned in the indictment in the month of May, I cannot tell the day of the month; I was informed the prisoner had sent them out to pawn, and by enquiring, I found some of them were pawned at Mr. Allen's.

Q. What is the prisoner?

Bourn. She was my servant ; I took her up on the 19th of May, she had been in prison five or six days before I missed these things; she had the keys of my things, and I was a poor working man, was forced to be abroad. The gown belonged to a woman that died in my house, the shirt and waistcoat were both new, I had never wore them.

Q. Did you go to her in prison?

Bourn. No, I never went to her, or saw her since she was in prison: (a parcel of things produced in court.)

Prisoner's defence.

There are none of them marked.

Mr. Allen the pawnbroker did not appear.

Acquitted .

383. Michael Snowden was indicted for stealing a bushel of wheaten flower, value 6 s. the property of William Harrison .

The prosecutor did not appear. Acquitted .

His recognizance was ordered to be treated.

384. (M) Elizabeth Sacxby , spinster , was indicted for stealing a pair of silver shoe buckles, a pair of silver knee buckles, a silver stock buckle, a dimity stock, a plain gold ring, and a pan of stone sleeve-buttons , the property of John Christopher Beatnal , July 1 . ||

John ChristopherBeatnal . I had been at the Tilt-yard coffee-house; I happened to meet with the prisoner, who took me to her lodgings at Westminster ; when I awaked, I missed my things mentioned in the indictment; the prisoner was also gone.

Q. What time did you go there?

Beatnal. I cannot tell; I was a little in liquor; I know I came home between eight and nine; the maid of the house awaked me; she was with the girl.

Q. What did she awake you for?

Beatnal. Because it was time to get up. The girl had put me a pair of buckles into my own shoes, instead of mine, and I gave her them again at Sir John Fielding 's. The maid told me, she knew the girl; she went about to find her; I was at the finding the prisoner. My shoe-buckles were pawned; she owned before the Justice, that she put the other things into a grenadier's cap; the soldier and she were in bed together, when I found her in her lodgings.

John Noaks . I am a constable; the prosecutor applied for a warrant at Sir John Fielding 's; he said he had been robbed in John's-street; we found her in her lodgings in bed with a soldier; I could find nothing. I took up a grenadier's cap, and found something rattle; she said we could not get them out without ripping the stitches, she had sowed them in; I opened it, and there was the gold ring, knee-buckles, and sleeve-buttons; before we went to Justice Fielding, she told us the shoe-buckles were pawned in Tothill street; I went according to her direction, and the prosecutor swore to them, she said the soldier knew nothing of them.

Prisoner's defence.

The young man met me in the street; he asked me to go along with him; I went to one Mrs. Smith's in John's-street. I asked him for a present; he said, he had only a shilling; I gave the landlady that for a bed: I then asked for a present for myself; he said he could not give me any money, but he would leave me these buckles in my hand till he came for them in the morning; I took them; then I said these are but very little; then he gave me the other things, he put the ring on my finger, and said I might wear it; I went to bed with him, and lent him my buckles, and put the things in the soldier's cap for safety

Acquitted .

385. (L.) Anne Salisbury was indicted for stealing 12 d. in money, numbered , the money of William Odell , June 28 . ||

Elizabeth Parker . Last Saturday I went to drink tea with Mrs. Odell; she went into the yard about seven o'clock, at which time I saw the prisoner come and put her hand over the counter, and opened the till, but did not see what she took; I charged her; Mrs. Odell could not open her hand for a good while; my husband was by, he helped to open it, there were two sixpences in it; she said she had the two sixpences from a person in the Fleet-market; but when she went to the Counter, she owned she took them out of the till; she is a basket-woman in the market, and sometimes chairs for Mrs. Odell.

Rachel Odell . Mrs. Parker said, That wicked creature has put her hand over the counter, and took out your till, and taken something out; we went to her before she had time to put the till in again; I charged her with taking something; she said, I robbed you of nothing; I said, it looks to me as if you had something in your hand; I took hold of her hand, she had a pot in it; I took it out, but she would not open her hand; Mr. Parker came and helped me, then we found two sixpences in it; she said she had earned them with her own precious hands; but when before the Alderman, she owned she took them from my till.

Prisoner's defence.

I never wronged mortal in my life since I was born, before this time; I am sorry for it; God bless my master and mistress.

Guilty . T .

386. (M.) Thomas Wise , otherwise Young , was indicted for stealing a black gelding, value 10 l. the property of John Starr , May 16 . +

John Starr . I lost a black gelding out of a field in the parish of Rumford in Essex ; he had a white face, and a white foot behind; he was turned into the field between six and seven over night, and in the morning between one and two he was missing; Mr. Howard found him the same day, and told me of it, in the stable of Mr. Bennet in Liquorpond-street, there I saw him; Mr. Howard had taken the prisoner before I got there.

Q. What countryman is the prisoner?

Starr. I think they say he comes out of Yorkshire.

Thomas Twyford . I am servant to Mr. Starr, I know the horse to be my master's property; he was missed on the 16th of May, between one and two in the morning.

Richard Bennet . The prisoner came to my house in Liquorpond-street about a month before this time, and brought two horses and sold them; he behaved honest and just: he used to be to and fro; I never heard any ill of his character in the world; he was recommended to my house by a neighbour, he lodged, and eat and drank at my house about a month; I did not see him bring these two last horses in, I was in bed at the time, but I saw them both in the stable, and the prisoner cleaning, I think, the bay horse, about nine o'clock; I was desired to buy the bay horse for Mr. Cotterel; I said, I suppose that horse is for sale; he would set no price upon him.

Q. We are enquiring about the black horse; did that belong to you, or any of your customers?

Bennet. No, it did not.

Richard Bennet the younger. The prisoner brought two horses to my uncle's the 16th of May, about three in the morning, he called me up; I gave him the key, but did not see the horses then, but I saw them in the stable about five minutes after; there were a bay one and a black one; there was another man with him, I did not see his face, his hat was slapped; the prisoner said afterwards the man was one of his countrymen, and was gone home; Mr. Starr came the same day and owned the black one, and took him away on the Monday following.

Prisoner's defence.

I came from Reading in Berkshire the night before in the machine, and was going to Chatham in a Gravesend hoy; I met one Brown by London-bridge, I told him where I was going, the tide did not serve; he asked me to go home with him, and said I might ride home with him if I would stay till between eleven and twelve; I went with him to the house of Mr. Bennet, he being an acquaintance of mine; that was the man with a slapped hat, he hearing I was before the Justice, so he got off.

For the prisoner.

George Fell . The prisoner is my countryman from Yorkshire, I have known him seven or eight years, he always bore a good character.

Q. Have you been acquainted with him lately?

Fell. I have not seen him these six years before.

Acquitted .

(M.) He was a second time indicted for stealing a bay gelding, value 10 l. the property of Thomas Howard , May 16 . *

Thomas Howard . On the 16th of May a bay gelding of mine was missing out of a field in the parish of North-Ockenden in Essex , about four in the morning; I came that same day to London, and got intelligence a man had got two horses at Mr. Bennet's in Liquorpond-street. I went there and found my gelding in the stable; the prisoner was standing at the door, and upon hearing me enquire of a woman whether that was the man that belonged to the horses in the stable, he drew himself backwards into the house; I went in and took him.

Q. Did you know him before?

Howard. No, I did not; he was taken before the Justice: there he said the horses were brought to him in Kent-street, and that he was in bed at the time; I turned the horse out the night before, about nine o'clock.

Richard Bennet . I keep a public-house in Liquorpond-street; my boy told me the prisoner came to my house about three in the morning, I was in bed at the time; Mr. Cotterel came to my bed-side about four or five, and desired that I would buy this bay gelding of the prisoner for him; he had seen him, and thought him a useful horse. I went into the stable about nine, there was the prisoner and two horses; the prosecutor's horse. I found to be what Cotterel had described to me; I said to the prisoner, That is a good likely sort of a horse, I suppose he is upon sale; no, said the prisoner, he is not; I said, If you have a mind to sell him, I can help you to a customer; he would put no price upon him.

Q. Did he say the horse was his property?

Bennet. No, he did not.

Q. Did he say he expected the owner to come for him?

Bennet. No; the prisoner had been at my house about a month once before; he eat and drank, and brought two horses then, and sold them; he behaved as civilly as any man in England, and paid me honestly.

Richard Bennet the younger. Mr. Bennet is my uncle; I shall be fourteen years of age the 2d of September; the prisoner called me up about three o'clock that morning; I let him in at that time; I saw no horse; I gave him the key; I went into the stable afterwards, there was he and another man, and two horses; the prisoner was loosening the girth of the bay horse.

William Cotterel . I had some hogs in Smithfield-market; I went to Mr. Bennet's and saw this bay horse in his stable; I liked him; I went to Mr. Bennet and asked him who those horses belonged to; he said to a man that had been there before, which he believed came from Yorkshire; I desired him to buy the bay one for me; after that I heard the ostler at the Bear and Ragged Staff in Smithfield, say, there is a horse marked so and so, do not buy him, he is a stolen horse. The farmer that owns the horse, had just told him he had lost such a one; he shewed me the farmer, I called him back, and told him where I had seen such a one, then I took him to Mr. Bennet's.

Thomas Ryland . Mr. Cotterel having told me he had seen such a horse at the White-hart in Liquorpond-street, I went there with him; after that, the ostler was saying such a horse was a stolen horse; we told the prosecutor where we had seen such a one; we went with him to Mr. Bennet's; Mr. Cotterel asked Mr. Bennet if he had bought the horse; Mr. Bennet said no; the man says he is a useful horse, and he will not sell him, he'll keep him for his own use, he is a bit of a smugg (that is a smuggler.)

Q. to Bennet. When the prisoner said he would not sell the horse, did he give you any reason why?

Bennet. No, he said not a word more.

The prisoner said nothing in his defence.

To his character.

Robert Theobald . I have known the prisoner between two and three years, he has a very good character as any man in England; I never knew a man of a better character dealing in horses.

John Hutton . I have bought horses of him, and sold horses to him; he is an honest man.

Anne Williams . I have known him three years and a half, he is an honest man as far as I know.

John Truman . I have known him three years, he is a very honest man.

George Bulmore . I have known him between five and six years, he is a very honest man as far as ever I saw; he lived at Greenwich when I knew him.

Thomas Jolley . I have known him from his infancy, he has a good character, and comes of creditable parents.

Q. to Bennet. If this horse had not been owned; who should you have expected to pay for his keeping?

Bennet. I should have looked upon the man that brought him to pay me, that is the prisoner.

Guilty . Death .

387. (M.) Alexander Carlton was indicted for stealing an ewe sheep, value 20 s. the property of Nathaniel Brown , June 21 . ||

Nathaniel Brown . On Saturday last was a fortnight, I lost an ewe sheep out of a field in Islington parish ; it was red along the shoulders, one of my own breeding; she was stopped in Goswell-street, I went and owned it.

John Goff . I was taking a walk with some company on Sunday was se'nnight. The prisoner was running after 2 sheep in a field by Sadler's Wells house; he desired us to stop her; we opened a pen; she ran in, and we catched her; I asked him who was the owner of the sheep; he said it belonged to a man in Swan-alley; he did not mention any name; I had a suspicion he had stole it, so I followed him; when he came into Goswell-street, he took the sheep to a butcher, who said he knew nothing at all of him or the sheep, so I stopped the sheep and prisoner there. I sent a watchman for the constable, and delivered them into his care.

Q. from prisoner. Who catched the sheep?

Goff. The man that was along with me did. The prisoner at first said it belonged to him.

Q. from prisoner. Who had hold of the sheep when the watchman came?

Goff. I had.

Thomas Carier . On the Saturday night before the last, I was walking from Islington to Hornsey, on the other side of the house called the Devil's-house, about nine o'clock; I met the prisoner with a sheep, the body of it was wrapped about in a cloth on his back, and the head hanging over his right arm. I live with Mr. Nathaniel Brown 's brother; the prisoner has worked with Mr. Brown the prosecutor several years, at hay-making. I knew the prisoner, but did not know his name; it was a very fine night.

Jeremiah Bonney . I saw the sheep in Golden-lane; it was the prosecutor's sheep; I am servant to him; I saw that sheep in the stock on the Saturday night; the stock was in the Devil's-lane all the day, and I counted them in the field at night; there were 89 of them; I counted them again on the Sunday, and there were but 88.

Anthony Ansell . I was the constable of the night; on that Saturday night, I was desired to go and secure the prisoner, which I did, and sent him to Bridewell, and the sheep to the watch-house in Golden-lane, where the last witness saw her. Mr. Brown came, and he and the evidence swore to her before the Justice. The boy said he knew the sheep by the tooth, by the face, and by the mark; I not knowing Goff, went and enquired his character, and found he has the character of a very honest man.

Prisoner's defence.

I am not guilty; Mr. Brown knows me; I have worked with him many summers; please to ask him my character.

Prosecutor. He has worked for me at times 20 years; he behaved very well till this affair.

Guilty . Death . Recommended.

388. (L.) George Pitt was indicted for stealing three pair of women's shoes, and two pair of women's pumps , the property of James Hale , May 17 . ||

James Hale . I am a shoemaker on Snow-hill ; the prisoner was my journeyman for about four years; for these two years past I have frequently missed shoes out of my shop; I could not tell which way they went, till Mr. Hall acquainted me on the 19th of May, he had some shoes at his house which he had reason to believe were mine; I lost three pair on the 17th, the other the 16th, and they were brought to me on the 18th of May; there were five pair of them; when I charged the prisoner, he owned he had been robbing me for two years last past; that when he went out, he used to take a pair or two in his pocket.

John Hall . The prisoner offered some shoes to me o n the 18th of May; I have bought women's shoes of him at about 2 s. 2 d. a pair; before he told me he was going into the country, that his kitt was packed up, and he wanted to sell the shoes, I took him to be a chamber-master; I bought five pair of him; I thought I had seen him in Mr. Hale's shop; I went to the Cock alehouse on Snow-hill, and sent for Mr. Hale, I took him to my house and shewed him the shoes; he said they were all his property; then we carried them to the prisoner; the prisoner owned he had taken them all out of his master's shop (produced and deposed to.)

Prisoner's defence.

I bought these shoes of a man that brought them into a public-house. I never saw that man before or since, I gave him a market price for them, so I sold them to Mr. Hall.

For the prisoner.

John Evans . I have known the prisoner twelve years and upwards, I never heard but that he worked very honestly for his living till now.

Mary Woodward . I have known him three years, he lodged in my house at this time; I never heard any thing amiss of him before, I know he was a very hard working man.

Anne White . I have known him between two and three years, I always looked upon him to be an honest hard working man.

Thomas Flinter . I have known him ten or eleven years, I never heard a blemish on his character before this.

Samuel Ferguson . I have known him from a child, I never knew him wrong man, woman, or child, till this unfortunate thing.

Thomas Nightingale . I have known him five years, he always behaved very well as far as I knew.

John Ward . I have known him pretty near three years; he lived opposite where I do, I always took him to be a hard working honest man.

Guilty . T .

389. (L.) William Gilby was indicted for stealing ten pounds weight of sugar , the property of persons unknown, July 1st . ||

Edward Wellington . Last Tuesday morning about half an hour after six, I went down upon Bear-key , which I belong to; the prisoner came out of the warehouses where we have merchants sugars; a man that we employ in the buildings, came and told me he had reason to believe the prisoner had got some sugar; I went and laid hold of his shoulder, and said, I am informed you have sugar about you; I took him to the Cock and Anchor, and desired him to take out what he had in his breeches; he took a bag from thence which contained ten pounds of sugar; (produced in court) he told me if I would forgive him, he would go into the buildings, and put the sugar where he took it from.

Prisoner's defence.

I was going up into the buildings to work, and found this sugar as it is now in the bag, tied up, lying just by the door; I carried it down, and the gentleman came and said he was informed I had sugar about me; I said I had, and he took it.

To his character.

John Durges . I have known the prisoner six years, he was at that time a shipmate with me on board his Majesty's ship Panther, I never knew any ill laid to his charge.

Daniel James . I knew him 6 years, I was a shipmate with him in the East and West-Indies; he bore as good a character as any man on board the ship.

John Cave . I have known him between six and seven years, I was a shipmate with him all the time; he is a very honest fellow for whatever I heard.

Josiah Hughes . I have known him about ten months, I never heard any thing of him but what was just and honest.

Catherine Walder . I have known him about ten months, he is a very honest sober man, I never heard any ill of him before this.

Q. to Wellington. What is the sugar worth?

Wellington. It is worth about half a crown.

Q. Did he work on the keys?

Wellington. He did, and I do not know that ever he was charged with any thing before.

Guilty . W .

390. (M.) Anne Wallis was indicted for stealing a plain gold ring, value 3 s. and one guinea , the property of John Hewson , June 7 . ++

John Hewson . I live in Bottle-alley, at the lower end of Islington , I am a housekeeper ; the prisoner was my servant , she was twice discharged from me; I lay sick, and she would come to my pocket, and take the key out when she pleased.

Q. How do you know she ever did that?

Hewson. She sometimes said to me she would go to my pocket for my key; I had used to say she had no business with my pocket; I was sick in bed, so bad that two people were obliged to get me out; but I have seen her go to my pocket many a time.

Q. Where had you seen the ring last, before it was taken away?

Hewson. She took it out of the drawer, and put it on her finger; on every finger she had a ring; she spread it about in the neighbourhood, that she and I were married.

Q. I ask you, upon your oath, whether you and she are married?

Hewson. Not I, Sir.

Q. You was telling a story about her putting rings on; was this ring in question one of the rings she put on?

Hewson. She kept one ring, and I ordered her to put it back again.

Q. Where did she take these rings from?

Hewson. From a drawer, and she would not put them in again. I found the ring upon her finger; I had turned her away about a fortnight; she would not part with the ring; I took her and the ring before the Justice; (the ring produced and deposed to.) It was my wife's ring.

Q. Upon your oath, did you never give her that ring?

Hewson. No, I never did in my life.

Q. Did you never give her liberty to wear it?

Hewson. No, never in my life.

Cross examination.

Q. How long had she lived with you?

Hewson. About two years.

Council. Did all sorts of business?

Hewson. Yes.

Council. Day and night?

Hewson. Yes, she would come to bed to me.

Acquitted .

M. She was a second time indicted for stealing a plain gold ear-ring, value 12 d. and a linen shift, value 12 d. the property of Mary Hewson , spinster . ++

Mary Hewson . I am daughter to Mr. Hewson: I was informed my father was going to turn me out; I thought I might as well have something as to let others have all: I had wrapped the ear-rings up in a piece of paper, and put them into a glass. My father had bought me two new shifts, one I had on, the other was in the wash; the prisoner took away one of them, and had got my ear-rings in her ears.

Q. Had you given her any authority to wear them?

M. Hewson. No, never none at all; she had cloaths and things to wear of her own.

Q. Did you see the ear-rings in her ears?

M. Hewson. I did; she took them out of her ears before the Justice. I had been out about three weeks, and when I came home, that very night she was turned out. She had the shift on her back, and owned to it before the Justice that it was mine.

Q. How old is your father?

M. Hewson. He is sixty-four years of age.

Cross examination.

Q. Are these ear-rings your property?

M. Hewson. They are, I bought them with my own money.

Q. Had the prisoner any such ear-rings as these?

M. Hewson. She never had her ears boarded in her life before the Saturday I came home.

Q. How came she to have these ear-rings in her ears?

M. Hewson. She did as she would with my father, because he was sick in bed.

Q. Were these ear-rings in your father's custody?

M. Hewson. They were.

Q. Was this with your father's knowledge?

M. Hewson. I cannot tell; I have known her to go and lie with my father when he has not wanted her; he did not want any woman.

Q. Did your father give her some cloaths after your mother died?

M. Hewson. My father was not to allow her any wages; he was to find her cloaths, she agreed to that; he gave her mourning and second mourning, or he lent them to her while in his service; she gave it out that she was married to my father.

Acquitted .

391. (L.) Benjamin Stratfod , otherwise Strafford , was indicted for forging and counterfeiting a bill of exchange, dated Northampton, Jan. 21, 1761, with the name Howar Stratford thereunto subscribed, drawn upon Mess. Barclay, Freame, and Co. for the payment of 30 l. six days after date, payable unto himself, and for publishing the same with intent to defraud Christopher Terry , Jan. 30, 1761 . ||

Christopher Terry . I keep the King's-head in Ivy-lane ; about the 29th or 30th of Jan. 1761, the prisoner dined with some gentlemen at my house; after dinner he said, Gentlemen, I should be glad if you would call the reckoning, I have a little business to do at Mr. Barclay's in Lombard-street; he went out, and was gone about the space a person might go to Lombard street and back again; at his return, he said Mess. Barclay's house was shut up. One of the gentlemen said to me, as this gentleman is going out of town westward, it will be no detriment to you to let him have 30 l. I did, and took this bill of exchange of him; I indorsed it over to a customer of mine, who came and told me, he went to Mess. Barclay and Co. and they refused payment. I went afterwards with it; they said they knew nothing of the man, they had no correspondence with any such person. I went to the gentleman with whom he was at my house, who said he was very sorry for me; that he took him to be a gentleman by his behaviour, but was not acquainted with him; then I went to Sir John Fielding , and told him the case; he said he thought I was taken in: hearing nothing of him, I imagined he had been dead, or gone abroad. The other day Mr. Barclay, of Cheapside, had intelligence of him from Bristol. They have been at the expence of moving him from Bristol by a Habeas. Sir John Fielding , knowing I had been defrauded, bound me over to prosecute; and Barclay and his servants, being quakers, will not swear; so I am hauled into very great hardship. I have met with a great deal of trouble, and treated with a great deal of contempt; I have no other evidence than my servant, that cannot carry it any farther than I have done.

Acquitted .

He was detained, in order to be tried for other such offences in Surry and elsewhere.

Thomas Smith , capitally convicted in April Sessions, whose sentence was respited for the opinion of the Judges, was brought down, and informed, that the indictment on which he was tried was properly laid .

John Thomas , whose sentence was respited last April sessions, 100 yards in the Old-Bailey , and fined 1 s .

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

Received sentence of Death, 4.

Thomas Smith , Richard Bratton , Thomas Wise , otherwise Young, and Alexander Carlton .

Transportation for 14 years, 3.

Mary Ayres , William Davis , and Robert Elliot .

Transportation for 7 years, 24.

Anne Crompton , Mark Bannister , John Davis , Samuel Moody , Joshua Muns , Anne Salisbury , George Pitt , Alexander Bourk , William Gooding , Edward Day , John Hoopham, John Taylor , Gasper French, Mary Pitman , Elizabeth Corral , otherwise Keitly, Joseph Turner , James Spelter , Richard Weaver , Rebekah Arnold , Andrew Dussey , Benjamin Anderson , Francis Brown , Maria Louisa Charbilies , and Matthew Jenkins .

Whipped, 5.

Elizabeth Stanton , Elizabeth Cook , Elizabeth Farman , William Gilby ; the last 100 yards in Thames-street; and John Thomas , whose sentence was respited last April sessions, 100 yards in the Old-Bailey , and fined 1 s .