Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 22 October 2014), September 1766 (17660903).

Old Bailey Proceedings, 3rd September 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 3d, Thursday the 4th, Friday the 5th, Saturday the 6th, and Monday the 8th, of SEPTEMBER, 1766.

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

NUMBER VII.

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 GEORGE PERROT , Esq; one of the Barons of his Majesty's Court of Exchequer *; 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.

John London ,

John Nicolls ,

Tho Rennoldson ,

Joseph Platt ,

Jonathan Delver ,

John Lingard ,

John Button ,

Stephen Winter ,

Thomas Smith ,

Edward Holliday ,

Edward Wills ,

Richard Lock .

MIDDLESEX JURY.

Thomas Pickles ,

John Wright ,

John Griffith ,

Morris Evans ,

Stephen Sutton ,

George Mynett ,

Daniel Low ,

William Neal ,

George Musson ,

William Sutton ,

Matthew Snowden ,

Thomas Partridge .

392. (L.) DANIEL Bent was indict- for stealing a silk handkerchief, value 2 s. the property of James Bond , August 6 , ++

James Bond . On the 6th of August, I was at the corner of Nicholas-lane, going into Cannon-street , Mr. Wall came after me, and said he saw the boy at the bar take my handkerchief out of my pocket; he had stopt him; I felt and missed it. We took him before the sitting Alderman; he was committed, and the handkerchief was found upon him when in the Compter.

Q. What time of the day was it you lost your handkerchief?

Bond. It was about one or two in the day.

Devereux Wall. I saw Mr. Bond going along with his handkerchief hanging out of his pocket; the boy at the bar ran after him and took it out, and gave it to a man behind him; the man seeing I observed them, gave it the boy again; I stopt the boy, and ran after Mr. Bond, and asked him if he had lost his handkerchief; he felt, and said he had; when the boy was committed, I saw the handkerchief taken out of the lining of his coat when in the Compter.

Prisoner's defence.

My father lives in Bridgewater-Gardens; the handkerchief hung out of the gentleman's pocket, and it dropt down on the ground, and I picked it up.

Guilty . T .

393. (L.) John Hayes was indicted for stealing a bank note, value 20 l. the property of Richard Wenwright . T .

To which he pleaded Guilty .

394. (M.) William Ryder was indicted for stealing one pair of stocking breeches, value 12 d. two pair of mens shoes, value 12 d. one linen napkin, value 2 d; one muslin neckcloth, value 1 d. one linen shirt, value 2 s. one linen handkerchief, value 2 d. one large silver table spoon, value 5 s. and one pair of stone knee-buckles, value 5 s. the property of William Jaques , August 18 . ++

William Jaques . I keep the Blue Boar-inn in Holbourn ; I missed my breeches, and had a suspicion of the prisoner, as my servant told me he was found in my stables; I got a search warrant, and went into his room at a barber's shop in Holbourn; this was on the 18th of August; there I found the knee-buckles, shirt, neckcloth, handkerchief, shoes, and silver table spoon; he was exposing the breeches to sale to a Jew; he had lived servant with me about three weeks or a month before.

Q. Where were these things taken from?

Jaques. The breeches were in a back parlour; I took the prisoner before Justice Welch, who committed him.

Prisoner's defence.

It was necessity that drove me to it.

Guilty . T .

395. (M.) Thomas Jones was indicted for stealing a linen sheet, value 5 s. the property of James Frazier , the same being in a certain lodging-room, left by contract by Christian his wife, to the said Jones , August 18 . ++

(M.) He was a second time indicted for stealing a linen sheet, value 6 s. the property of James Groves , in a lodging-room lett by contract, by Isabella his wife, to the said Jones . ++

It appeared upon each trial, the prosecutors gave the prisoner each a shilling to confess the facts.

Acquitted .

396, 397. (M.) Thomas Sell and John Child were indicted for stealing a pair of leather breeches, value 4 s. a cloth waistcoat, value 2 s. 6 d. a linen shirt, value 1 s. a pair of worsted stockings, value 6 d. a pair of mens shoes, value 9 d. a pair of metal buckles, value 6 d. two linen handkerchiefs, value 6 d. a pair of Bristol-stone studs set in silver , the property of James Flint , July 13 . *

James Flint . I am a baker , and live in Wardour-street. On the 30th of July, about half an hour after 11 o'clock at night, I was in Prince's-street, Leicester-fields , and William Christy was with me; he had the things mentioned in the indictment, in a bundle, going home; the two prisoners were one on one side the way, the other on the other; Child came and snatched the bundle out of Christy's hand, and then ran away up a street where was no thoroughfare, where he had dropt the bundle and was coming back; I met him; he said, what is the matter, have you been robbed? I said, yes, you rascal, and you are the man; I stopped him, and charged the watch with him; the other prisoner followed us to the watch-house; I told a watchman he was a companion of the other I believed, so they secured him; as soon as Child had taken the bundle, Sell came and said hold of Christy and held him, and said, is your honour robbed?

Q. Why did you not secure him at that time?

Flint. There was a little boy with us; he had another bundle; I was afraid Sell would take that; I took that in my hand, and ran after Child.

William Chrisly . I was with Mr. Flint on the 30th of July at night in Prince's-street; he walked first, I next, and the little boy last; I had the bundle in my hand, containing the things mentioned in the indictment; Child came and snatched away the bundle, and ran round the corner with it; he was soon taken; after that the bundle was found, by searching where had he been (the things produced and deposed to.) Sell came to me as soon as the other had taken the bundle, and said, has he robbed you, has he robbed you, and held me fast; I said, let me alone, you belong to him; I gave a spring from him; I am certain he meant to hold me.

Henry Smith . I heard the first cry, stop thief; I saw Child go round the corner with the bundle; I ran, and was at the taking him; then came Sell and said, leave him to me; by which means he had like to have got him from me and the constable; I told them where I had seen Child go, and they went and found the bundle.

Child's defence.

I had no intent to take the things away; Sell and I had been drinking together; I was much in liquor.

Sell's defence.

I know nothing of it; we had wished each other a good night in Piccadilly, and parted; we are both soldiers; I was locked out of my quarters, and coming along, I presently heard the cry, stop thief; I asked that gentleman if he had been robbed; he said, yes; after that, I thought as soldiers are often used ill in the streets, they were going to fighting; I went to take Child's part.

James Akeman , a serjeant. I have known Child three months, the time he has been a soldier; he had been a footman; he behaved well as a soldier; I know Sell is given to drinking, but I never heard of any dishonesty by him.

Child, Guilty . T .

Sell, Acquitted .

398. (M.) Beatrice Starkey , widow , was indicted for stealing a red and white counterpane, value 2 s. one linen sheet, value 18 d. a pair of blue and white check curtains, value 4 s. and a copper saucepan, value 6 d. the property of John Fowler , the same being in a certain lodging-room, lett by contract by the said John to the said Beatrice , &c. July 4 . ++

John Fowler . I am a stay-maker , and live in Burleigh-street by Exeter Exchange ; I lett a lodging to the prisoner at the bar on or about the 15th of May, ready furnished, at 3 s. a week; the things in the indictment were part of the furniture; she said about six weeks; I missed them in July.

Q. Has the prisoner a husband?

Fowler. When she came she said she had, and I would see him before I lett the room; she brought a man that she said was her husband, and I lett it to them; he was present at the time, and he was in the room all the time she was; he now says he is not her husband; he calls himself Starkey, her name, but that is not his name.

The indictment being not laid right, she was acquitted .

399. (M.) Elizabeth Collins , widow , was indicted for stealing one shagreen case, value 2 s. 12 knives with silver handles, value 10 s. and 12 forks with silver handles, value 6 s. the property of Henry Crow , doctor in physic , August 28 . ++

The prisoner's behaviour at the bar, and while in confinement, as appeared by Mr. Akerman's servants, discovered her to be insane.

Acquitted .

See her tried No 305, in this Mayoralty.

400. (M.) Thomas Jacob , otherwise Jacob Thomas , was indicted, for that he on the 29th of July , about the hour of one in the night, the dwelling-house of John Shakespear did break and enter, and stealing 3 dozen worsted breeches pieces, value 40 s. and two pieces of cotton, value 50 s. the goods of the said John, in his dwelling-house. *

John Shakespear . I live at the corner of New-street, Bedfordbury ; there is a hole in the window-shutter to let light into my shop; on the 29th of July in the night, the glass was smashed all to pieces, which was at the hole, and as near as I can guess, 3 dozen of breeches pieces, and 2 pieces of cotton for body linings, were taken out through the hole in the shutter.

Q. How big was that hole in the shutter?

Shakespear. It was big enough for a man to put his arm in; the breeches pieces were tied up in three bundles, with boards on the outsides, but we found the packthreads were cut and the boards left on the inside. We found some of the pieces upon Levi Hyam , a Jew, who is here a witness; I went out that afternoon, and lay at Lambeth that night.

Q. Whereabouts was this hole in your shutter?

Shakespear. The hole is near the top of the shutter; the person must stand upon the ledge at the bottom of the window, then it was in his power to get at the things.

Mary North . I lodge at Mr. Shakespear's; I hearing a noise in the street got to the window; the watchmen were talking to my landlady; I went down and found the window was broke; this was about two o'clock.

Levi Hyam . I am a colour-maker; the prisoner is a scourer; he gave to me eight worsted pieces for breeches to sell by commission.

Q. Do you know how he came by them?

Hyam. No, I do not know that: ( produced in court.)

Shakespear. Here are three of them have my marks upon them; they I swear to, the others are two threads and three threads, such I lost; I believe them to be mine, but not being marked, I do not swear to them.

John Noaks . I found these pieces upon Hyam when I took him up, and have had them in my custody ever since; I hearing of a stocking-shop that was robbed, went and found out the prosecutor.

Prisoner's defence.

I was walking the street calling old cloaths; a man called me in Peter-street, Westminster; I went to him, and bought these pieces of him.

Prosecutor. I went to the prisoner to persuade him to be an evidence, as I thought there might be others concerned, but he would not; after that, when he came before Sir John Fielding , he said he would discover something if he might be admitted evidence; but Sir John would not admit him.

Guilty of stealing the goods . T .

(M.) He was a second time indicted for stealing three cloth coats, value 8 l. two cloth waistcoats, value 10 s. the property of Richard Crips , in the dwelling-house of the said Richard , August 7 . *

Richard Crips . I am a scourer and dyer , and live in St. Martin's-lane , near the church; I lost the cloaths mentioned in the indictment, and several others, out of my house, between the 6th and 7th of August; I went to bed about 11, and in the morning they were missing; they were hanging up by the window; the holes to let the light in, are cut like a club, called club-holes, through which the things were drawn; I advertised them, by which means I have met with one of them again; (produced in court) I had it to scower; all were the property of several people which I had to scower. Mr. Hutchinson came to me, and said he had bought one such as I had advertised.

Q. from the prisoner. By what do you know the coat?

Crips. Here is a slit under the collar, done by the owner's stock-buckle; it is the property of Mr. Bellamy; I have cleaned it twice, and know it well; it was taken away as it was wet, and it now appears in a rumpled condition, by drawing it through the hole.

Matthew Hutchinson . I keep a sale-shop in Turnstile, Holbourn; I bought this coat of Levi Hyam .

Levi Hyam . I had this coat to sell by commission for the prisoner; I had another, and that I sold.

Prisoner's defence.

I bought it and paid honestly for it; I had it of the same man I had the breeches pieces of; I have got witnesses enough here.

To his character.

Dr. Isaac Myer . I have known the prisone r about three years, he lived with me two of them; I never heard bad things of him.

Q. Has he a good or a bad character?

Myer. I never knew no bad of him when he lived with me.

Levi Frederick . I have known him between two and three years; he lived with a cousin of mine, and used to come backwards and forwards to my house for goods. He had a very honest character.

Guilty of stealing the goods . T .

401. (M) Anne Bridgman , spinster , was indicted for stealing one stuff gown, value 3 s. one linen gown, value 3 s. one wooden tea-chest, value 3 s. three tin canisters, value 6 d. six silver tea-spoons, value 10 s. and one silver strainer, value 1 s. the property of Joseph Francis , August 21 . ++

Elizabeth Francis . I am wife to Joseph Francis ; we live in Wardour-street, St. Anne's . On the 21st of August I had been backward into the yard; when I returned, I perceived the prisoner going out at the street door; I seeing both my parlour doors stood open, I missed my tea-chest; I looked out at the street door, and saw the prisoner running cross the way; I called to a man that was by her, to stop her; he did; she told him she had only been quarrelling, and he let her go; she ran down a place where was no thoroughfare; I went to her; I took my two gowns out of her apron, which she had taken from my back room; I took the tea-chest from her, with the canisters, spoons, and strainer in it. She owned to the taking the things, and swore in a very bad manner, and said she would have taken every thing she could lay her hands on, had she had time.

Prisoner's defence.

I never took the things out of the house; I saw a woman come out of the house with a child sucking at her breast; she throwed them down, and I took them up and put them in my lap.

Q. Are you sure it was the prisoner you saw in the house?

Prosecutrix. I am; I never lost sight of her till she was taken.

To her character.

John M'Grew.

Prosecutrix. This man told me he was her husband.

M'Grew. The prisoner is not my wife; I have known her some years; I heard she kept company with a vile woman, so I licked her.

Guilty . T .

402. (M.) Mary, wife of William Dunning , was indicted for stealing one linen apron, value 4 s. and a pair of worsted stockings, value 2 s. the property of John Robins , June 8 . ++

John Robins . The prisoner was my servant ; I deal in rags , and live in Hanover-street : I first missed an apron in May; I missed my stockings some time in June; I suspected her and took her up, and charged her with taking them; she told me they were in pawn at Mr. Rawlins's, and the apron at Mr. Lane's in Belton-street.

Q. When did you take her up?

Robins. Sometime about the eighth or ninth of July.

Q. Did she stay in your house till then?

Robins. She did.

Q. Why did you take her up then?

Robins. Because she would not get me my things.

Q. Are you a married man?

Robins. I am.

Q. What was your reason for letting her abide in your house who you said robbed you?

Robins. Her husband is a soldier; and she promised to get my things out of pawn, but did not.

Acquitted .

403, 404. (M.) Catherine Williams and Elizabeth Ash , spinsters , were indicted, the first for stealing a silver watch, value 50 s. the property of Humphrey Jenkins , and the other for receiving the same, well knowing it to have been stolen , August 15 . *

Hunphrey Jenkins. I had been out of place about three weeks; I was got very much in liquor, and picked Catherine Williams up about three weeks ago, in Bedford-street, by Bedfordbury; I asked her to go along with me to a house in Gray's-Inn-lane; there I treated her, and I believe made her drunk; we had liquor at two or three houses there; after that we went into Holbourn ; while we were in the street I took out my watch; she took it out of my hand, I did not strive to hinder her; she kept playing with it some time; by and by I could not see it, I thought she had put it into her pocket; I asked her for it; she said another girl had got it, and said she did it only in a way of joke, to warn me never to take my watch out in the street any more.

Q. Had you opportunity enough to have taken it from her?

Jenkins. I had opportunity enough had I known what she was about. I picked her up with intent to lie with her, but did not.

Q. If you could have got your watch again after all this, would you have prosecuted her?

Jenkins. No, I would not.

Both Acquitted .

405, 406. (M.) Anne Byfield , spinster , and Elizabeth, wife of John Evans , were indicted, the first for stealing a horn-box, value 2 d. and thirteen guineas, the property of Joseph Beet , in the dwelling-house of Thomas Wilson ; and the other for receiving, harbouring, and maintaining the said Anne Byfield to commit the same , August 16 . ++

George Beet . I live in White's-alley, Chancery-lane ; I have a room in the house of Thomas Wilson ; on the 16th of last month, I missed thirteen guineas and a little horn-box out of my room; I missed it about an hour after it was taken.

Q. In what place was this little box put?

Beet. It was in my bureau, in a one pair of stairs room; the room door was locked, but I cannot say that the bureau was; the girl Byfield, had been in the night before for my linen to be washed; I have two keys to the room, one was hanging in the room, I missing that, knew no body had been in the room but she, suspected she must be the person that took my money.

Q. Did you find the room-door locked or unlocked?

Beet, I found it locked; I took her up, and before Sir John Fielding she confessed the taking it, and giving it to the other prisoner.

Q. How old is Byfield?

Beet. She is not twelve years of age?

Court. Her confession ought not to be made use of against herself, on account of her tender years.

Beet. I found the box upon the prisoner Evans, there were 3 s. in it, and in her apartment we found six guineas, two quarter guineas, and a 4 s. 6 d. piece, and 4 s. 6 d. in silver, in a pound of sugar in a paper. The mother of the girl lived opposite me; my key was found in a hole among some shells of pease in Evan's cellar.

There being no proof against the prisoner Byfield but her own confession, which, on account of her tender years, was not proper to go to the jury, they were both acquitted .

407, 408, 409. (L.) John Aston , Charles Cockelwell , and Edward Church , were indicted for stealing 20 lb. weight of lead, being part of a leaden pipe, belonging to a pump, value 2 s. the property of Stephen Reynolds , &c. August 14 . ++

Stephen Reynolds . I live at Broken-wharf ; about a fortnight ago two of the prisoners, that is Aston and Cockelwell, were stopped with a piece of leaden pipe; I had not missed it, but found by comparing it, it did belong to a pump on my premisses; the three prisoners were labourers at work for me.

John Johnson . I am a constable; on the 14th of August, about three in the afternoon, I saw Cockelwell and Aston in the Poultry, they had something on their shoulders with a blue coat over it; I followed them to the middle of Lombard-street; I took the flap of the coat up, and saw it was lead; I let them go a little farther, then I said where are you going to carry this lead; they said to Aldgate; I said, be sure you carry it there, for if you do not take it to the right place, I shall take you to the Compter, and shewed them my short staff; then they said they had been at work at Mr. Wicks's at Broken-wharf, and they had found it, and it would not come to a pint of beer a man. I desired them to carry it back, they seemed not to be willing; then I said, I shall carry you to the Mansion-house; I got assistance, and put them both in the Compter, and went to Mr. Wicks's the bricklayer, and told him of it; he said he would acquaint the gentleman of it where they were at work; the next morning Mr. Reynolds sent a young man (I suppose his clerk) he desired to have the lead, that he might see if it belonged to him; I carried it, it appeared to belong to a pump on his premisses; upon our examining it the two men were taken before Sir William Stephenson , there one of them confessed that it was Church's coat they had to cover it; Sir William desired Mr. Reynolds and me to go back and bring Church; we saw him facing the Mansion-house, we took and carried him in; I believe Sir William would have admitted one an evidence, but they quarrelled; one said to the other, you did it; the other said, no, you did.

Q. What did Church say?

Johnson. He denied cutting it off, but did not disown his knowing of it; he said the other two cut it off.

Aston's defence.

This piece of lead was brought to us to carry off to get some beer, there were above 40 men working there; I did not know but what they had found it.

To his character.

James Phesant . I keep a public-house in Leadenhall-market, Aston used my house about half a year, Mr. Wicks pays his men at my house, I never saw no ill by him.

Cockelwell's defence.

They told me they had got a pigeon, that they had found in some rubbish; they asked me to go and sell it; I went with Aston, and the constable stopped me.

Q. What do you mean by pigeon?

Johnson. That is a nick-name they give to things of this sort.

To his character.

Mr. Dolings. I live in Great Russel-street, Bloomsbury, I am clerk to Mr. Hucks the brewer; I have known Cockelwell these twenty years, he once kept a shop in Eagle-street by Red-lion-square.

Q. Have you known him lately, what way of life is he in?

Dolings. I cannot tell for these twelve months past what way of life he is in, I never heard any ill of him before this.

Mr. Hind. I am a cheesemonger, and live in Thrist-street, Soho, I have known him some years; he once failed, and delivered up his affairs into my hands very justly, for the benefit of his creditors.

Charles Carter . I have known him four years, I lived servant with him two years, he bore the character of an honest man.

Church's defence.

They took the lead off in my coat, that is all I know of it, I was not in the way at the time.

To his character.

John Gamage . I am a weaver, I have known Church these three or four years, I never heard a word of harm of him in my life, he is a seafaring man.

All three acquitted .

410. (L.) William Nesbit was indicted, for that he, together with John Watkins , since indicted on the 19th of October, 1764, about the hour of two in the night, the dwelling-house of Charles Warner did break and enter, and stealing one brass pottage pot, value 6 s. one copper tea-kettle, value 2 s. one brass water-cock, value 6 d. two pewter dishes, value 1 s. and two pewter plates, value 12 d. the property of the said Charles, in his dwelling-house ++

The only evidence against the prisoner was that of being in company with Watkins when he sold part of the goods.

For want of room here, we refer the reader to the trial of Watkins, who was cast and executed for the same. See No 79. in Sir William Stephenson 's Mayoralty.

Acquitted .

411. (L.) James Davis was indicted for stealing three guineas and one 36 s. piece , the property of Francis Newbery , August 23 . ++

Francis Newbery . I keep a bookseller's shop in Pater-noster-row ; I have a passage at the back of my shop, in it is a counter and till, beyond that is a little room; I had missed money out of that till divers times; I was led, by the frequent errands the prisoner made to my shop, to suspect him; he is an apprentice to Mr. Fuller, a bookseller in Ave-Maria-lane; I had lost three guineas out of that till before; I mentioned this lad at the bar to my young man. On the Friday evening after I had done my business, I took some money into my parlour, and put particular marks upon it, one 36 s. piece, a 27 s. piece, 5 guineas, 2 half guineas, three 5 s. 3 d. pieces, and five shillings in silver, and put them in the till, and about 7 o'clock on Saturday morning, the 23d of August, I planted George Riley , my young man, behind the door in the little room on the back of the passage, where he could peep thro' the crevice, and have the command of the whole passage; about nine, or a little after, the prisoner came in for some numbers; I gave him an opportunity to be in the passage alone, while I went into the shop to give a customer change; he soon came after me, and said he desired I would serve him; in the mean time my lad came to me, and clapt his hand on my shoulder and said, this is he, Sir; then I sent for a constable; the prisoner then flung down three guineas and a 36 s. piece upon the counter, and said it was the first time he had ever done so; but after that he did confess he had taken the three guineas before, but I have taken no notice of that in the indictment. The money he took last is in the constable's hands, and I can sware to each separate piece.

George Riley . I am servant to Mr. Newbery, I was planted behind the door, and saw the prisoner take three guineas and a 36 s. piece out of my master's till; then he went into the fore-shop, I immediately followed him, and told my master that was the person that had taken the money; upon which the prisoner threw down the money, and said, that was the first time he had been guilty of a thing of that sort.

Robert Best . I am a constable (he produced the money in court) this money was lying on the table when I was sent for last Saturday was se'nnight; it was delivered into my hands, and I have kept it ever since.

Q. to prosecutor. How was the money marked?

Prosecutor. The 36 s. piece had a scratch on it from the nose to the letter G, the date 1747; the five guineas were marked with the letter N under the head.

The jury inspected the money, and found it to be marked as mentioned.

Guilty . T .

412. (L.) William Mackintosh was indicted for stealing nine pounds weight of sugar, value 2 s. the property of persons unknown, August 5 . ++

John Austin . On the 5th of August, about nine at night, we were housing of sugar; my man told me there was a man in the buildings; I went and there found the prisoner with a handkerchief full of sugar in a two pair of stairs room; he was coming down into the one pair of stairs room, he delivered the sugar to me.

Q. Was the prisoner at work for you at that time?

Austin. No, he was not; there were several hogsheads open in the room he was in.

Ruben Rutlidge . I am one of the constables of Tower-ward; on the 5th of last month, about nine in the evening, a person came and told me they had detected a person with some sugar in the warehouses. I went; the prisoner and sugar were delivered into my care; I carried him to a public-house, he said it was sweepings; there are nine pounds of it (produced in court) some he said was given him by a mate of a ship that lay near London-bridge; I went and haled the ship, the mate came on shore, he declared he gave no such person any sugar; I looked into the handkerchief, and found it all to be very good Barbadoes sugar.

Prisoner's defence.

I went on board a ship to see two shipmates; coming from thence, they called. Who will work? I had a handkerchief of sugar, I went and put it down on the kay; they said I stole it; I said I would take them to the man that I got it of; they would not go, but took me to a public-house, and said I must down on my knees and beg pardon, or go to goal that night.

Q. to Austin. Did he ask you to go with him to any person.

Austin. No, he did not.

Q. Did you desire him to go on his knees and ask pardon.

Austin. No, I did not.

Guilty, 10 d. T .

413. (M.) Aaron Hyams , otherwise William Haines , was indicted for stealing a silver pint mug, value 30 s. the property of John Jenkins , August 16 . *

John Jenkins . I keep the Cross-keys in Old Belton-street ; the prisoner was in my house on the 16th of August in the afternoon, between four and five o'clock; I never saw him but once before, and that was the day before that; he drank a tankard of beer; he sat in a box where the company that had made use of the mug had set; after he was gone I missed it.

Mr. Kates. I am a pawnbroker. On the 16th of August the prisoner came with this silver pint mug in order to pledge it; (produced in court and deposed to by the prosecutor) it had R M in a cypher on it. I asked him some questions; he not giving me satisfactory answers, I suspected he did not come honestly by it; he said it was his own; I asked him what was the cypher; he said he could not tell; he said it was left him as a legacy by a lady, whose name he could not recollect; I said that would not do; if you cannot give some better account I shall keep you and the mug too; he said if I would let him go, he would bring somebody to prove it his own; I wanted him to walk into the parlour; he would not, but attempted to run away; I sent for a constable and took him before Sir John Fielding , and he was sent to the Round-house; he was very much in liquor.

Guilty. Recommended . B .

414. (M.) James Mann was indicted for stealing a silver table spoon, value 8 s. the property of Martha Winks , July 6 . *

Israel Woolf . I live in Whitechapel; the prisoner came on one Sunday morning to the King's arms by the ditch-side, and said, will you buy a silver spoon? I said, let me look at it; he desired me to go into a house.

Q. What are you?

Woolf. I am a pencil maker; he pulled the silver spoon out of a hairy knapsack, and gave it into my hand.

Q. What house did you go into?

Woolf. We went into the Hamburgh arms; I asked what he asked for it; he said either 12 or 14 shillings, I don't know which; I said, how can you ask so much; it is no: worth it; said he, give me what you please for it; I said, that is not the thing; I said, I'll wait for you here an hour or two; bring the proper owner of the spoon, and you shall have the value of it; he up with his fist and struck me on the pit of my stomach; I had the bowl of it in my left hand; he took hold of the handle to twist it out of my hand, but I kept it; I kept him and the spoon; he first of all said it was his wife's spoon; and on the Monday following, when he was before Justice Hodgson, he said he found it between Stratford and Ilford; it is a road which I often travel; I happened to be that way some time after, and asked at a public-house for any body that marked their spoons with M. W. I was directed to the Rising Sun; I went there and called for three pennyworth of brandy and water. Mrs. Winks brought it; I asked her whether she had a loss lately; she said she had lost a silver spoon; I asked her what letters were on it; she said, M. W. I said, go to the bottom of the Butcher-row, in East Smithfield, there you will hear of your spoon, at Mr. Wilford's.

Mr. Wilford. I had this spoon of Israel Woolf on the 6th of July; (produced in court) I have had it in my custody ever since.

Woolf. This is the same spoon.

Martha Winks . I keep the Rising Sun between Stratford and Ilford; I lost a silver table spoon about two months ago, but cannot tell the exact time.

Q. Look at this spoon.

M. Winks. This is like mine, but I cannot swear to it.

Mr. Wilford. This gentlewoman has acknowledged this spoon to be her property before three or four different people.

M. Winks I will not swear to it.

Acquitted .

415. (M.) Elizabeth Clark , spinster ; was indicted for stealing seven yards of silk, value 20 s. a laced cap, value 10 s. and three pair of silk stockings, value 6 s. the property of Margaret Burch , spinster , August 2 . *

Margaret Burch. The prisoner lived servant with me almost 12 months; I always thought her to be very honest till she was gone away; I had lost a great many things; after she was gone, a woman that she lived with and she sell out; she came and told me the prisoner had robbed me of several things; I went to her lodgings with a search warrant, and found some of the things, and some at the pawnbroker's.

Q. What goods did you find?

M. Burch. I found a good many yards of silk, some muslin, laced caps, stockings, and many more things than I laid in the indictment; I found them in the woman's box that came, I don't know her name, she is a chairman's wife.

Q. Where was the prisoner at the time you found them?

M. Burch. She was by.

Q. What did she say?

M. Burch. She said nothing at all; we found a gown at one pawnbroker's, and some silk, not made up, at another's.

Q. Had you ever seen the chairman's wife with her when she lived with you?

M. Burch. The chairman's wife used often to be about our house; I believe she drawed her in.

Acquitted .

416. (M.) Thomas Austin was indicted for stealing a piece of marble, value 12 s. the property of James Lovell , July 16 . *

John Marsden . I live in Titchfield-street, Mary-le-bon parish; the prisoner worked for the same gentleman that I do, Mr. Lovell, a statuary: there was a piece of marble missing about the 12th or 14th of July, from the yard in Charles-street ; it was one foot eight by one foot three, about an inch and an half thick; it was advertised about the 25th of July; after that, Mr. Carr came and told me he bought it of the prisoner; he shewed it me, and I was sure it was Mr. Lovell's property; we have a lump of the same in the yard, very valuable, called Sienna marble; the prisoner was taken up and charged with it; he owned he was in liquor when he took it away, before Justice Fielding.

William Carr . The prisoner brought the piece of marble on the 17th of July, and sold it to me for 12 s. with another piece of inferior marble; I believe he was very sober at the time.

Prisoner's defence.

The piece of marble that I sold to Mr. Carr, I bought of one George Gray , for half a guinea; Mr. Carr met me on the Saturday following, and told me he would advise me to take it again, for he was afraid it was not rightly come by; I said, I would speak to the man that I bought it of; I sent, but Gray was in the country: Sir John's people have been after him several times to take him.

Acquitted .

400. (L.) John Flowers was indicted for stealing 216 yards of chair girth web, value 11 s. 3 d. the property of John Brown , James Brown , and John Ring , July 7 . ++

John Brown. I am in partnership with my two sons, James Brown and John Ring ; I live in St. Paul's Church-yard; the prisoner worked journeywork with me as a cabinet-maker . About the 7th of July my son informed me, that the landlord of the prisoner had found some web in his room; we looked and missed a gross and a half, which we had unpacked and put into a rum puncheon; my son went to his lodgings and took a piece to compare, and returned and told me he had seen some of our web, then I got a warrant and had him taken up.

James Brown . I am son to John Brown; I went to the prisoner's lodgings on the 8th or 9th of July, with a piece out of the package that we missed, to compare; the landlord shewed me the web; I was convinced it was our property; there was a peculiar mark upon it, that is, O O, it is a common mark for that kind of goods.

Q. Do not other people mark the same way?

James Brown . I do not believe they do; the patterns correspond; I counted them over in the rum puncheon, and I found a gross and an half missing, but I found in the prisoner's room only half a gross: we got a warrant and took the prisoner up, at a public-house where he used; I took him over to our house, and upon being accused with it, he did acknowledge he had taken the web, but that it was the first fact; we have two shops; he acknowledged he took it out of that shop where we missed it from; I asked him his reasons for taking it; he said, he had a use for it; I took him before Alderman Cokayne, he there acknowledged he took it; he was committed, and after that bailed out, and now he comes upon a surrender: (the web produced, about 72 yards of it.)

Cross examination.

Q. How long has he worked with you?

James Brown . About 13 months; I have nothing to say against him besides this.

Henry Winter . I live in Warwick-lane; the prisoner lodged at my house; I found two pieces of web in his room, between the table and a box; I thought they might be the property of his master. I went and told Mr. Brown of it.

Prisoner's defence.

I know nothing of the web; that room was a common room; I took a piece of cord to put round my chest, because I was going into the country.

To his character.

David Montague . I keep the Crown alehouse in Stationer's-alley, Ludgate-street; I have known the prisoner about a year and a half; I never heard but that he was a very industrious sober young man; he used to come to my house to breakfast and dinner, and return to his work very orderly; I never saw him in liquor in my life.

Joseph Buck . I live in Duck-lane; I have known him from an infant, his friends live at Bath, very responsible people; he has behaved very orderly; I never knew him guilty of any dishonesty.

Q. to James Brown . Did you tell him what quantity you charged him with?

J. Brown. No, I did not; I only asked him how he came by the web at his lodgings; he seemed confused, and hesitated; he said he had a use for it.

Guilty, 10 d. Recommended. W .

412. (M.) Martin Vasthold was indicted for stealing 15 ounces of sterling silver, value 3 l. 15 s. the property of James Ansell and Stephen Gilbert , August 6 . ++

James Ansell . Stephen Gilbert and I are partners, we live in Panton-street; about the 6th of Aug. I had weighed a parcel of cuttings of silver for the caster, which I delivered to another person to melt over again, not having enough for the caster; I laid it by till after dinner; I thought it not proper to leave it all in the scale; I found it weighed sixty ounces: I took the weights out of the scale, as if I had not weighed it; when I came to it again, I put in about 12 ounces. When I came back the prisoner was alone in the shop; then I weighed it, and found but sixty-six ounces: I had given the prisoner a cover of a coffee-pot to solder a button upon it; I sent him down to do it; I ran up stairs, and felt in his coat pocket; not finding any thing, I looked under the board where he worked, there I found a parcel of silver cuttings, which I thought were about the same quantity as were taken out of the scale; I put them into the place again where I found them, and enquired about for a constable to have one at hand; I told Mr. Curry of it: I went and looked under the board again, when it was grown dark, they were gone: I let the prisoner go out; when he was gone about two or three doors from ours, I called him back; I told him there were some cuttings stole, and it was necessary to search all the workmen; the constable was not come, and during that time I imagine he slipped them out of his pocket into the sink, seeing him shuffling his right hand in his pocket; we went and found he had put them into the grinding-stone trough; I took them out; then he confessed the taking them, and said, it was the first time he had done it, and desired to be let go; I insisted on his being taken to the Round-house, while I got a search warrant to search his lodgings; in searching his lodgings the next morning, we found nine ounces; he has since owned he stole it, and owned he had stole silver before, and cast it into medals, and so disposed of them.

Q. What did they weigh that were found in the trough of the grinding-stone?

Ansell. They weighed about nine ounces.

Q. How long has he worked with you?

Ansell. He has worked with me about five years; we found this mould in his room; (produced in court) it is for a large medal of King Charles the Second: (a medal produced cast from it.)

William Shaw . I am constable; I had a search warrant delivered to me; I searched the prisoner's lodgings, and found this silver in this box, which I have had in my care since; (produced in court) he said himself, it was his master's property.

William Curry . I am journeyman to the prosecutors; Mr. Ansell sent the prisoner down to mend a spoon; then he told me he had seen some silver under the board; while he was mending the spoon, the silver was taken from the place; we all left off at seven o'clock; the prisoner went out, after which Mr. Ansell called him back, and told him he had lost some silver, and we were all to be searched; the prisoner wanted to go down stairs; I said, you shall not go without we all go; but he did go down, and we followed him; he went to the sink to make water, and at that time he slipped the silver out of his pocket into the grinding-stone trough; I was standing close by him, and saw him do it; he then confessed it, and said, it was the first time he had ever done so.

Prisoner. It was in a dark place, and it was impossible for him to see it.

Curry. I kept a strict eye upon him, as we had reason to suspect him.

Prisoner's defence.

I had no silver in my pocket. I did not confess any thing.

To his character.

James Blowet . The prisoner was a lodger of mine about a year and a half; I have known him about five years and a half; I know nothing to the contrary, but that he is a very honest man.

Peter Worral . I live in White-lion-street, Seven-dials, I have known him some time; I never heard any harm of him till this time.

James Little . I have known him between five and six years, I served him with bread; I never heard any ill of him.

William Peak . I have known him betwixt five and six years; he has a very good character as far as ever I knew.

Guilty . T .

472. (M.) Anne Pugh , spinster , was indicted for stealing one pair of womens leather shoes, value 2 s. the property of William Clement , August 12 . ++

William Clement . I am a shoemaker , and live in the Strand . On the 12th of August the prisoner came to my shop about noon, and wanted a pair of shoes: I ordered my man to show her some; none would do; she ordered a pair to be made by the Saturday following, and went out; my man went out to her; she seemed very unwilling to come back; she had a short bed-gown on; he brought her into the shop again, and I saw him take a pair of shoes from her: she was asked how she came by them; she said she bought them at another shop, (produced in court) here is my mark on the inside of the upper leather; they are my property.

Edward Webb . I am servant to the prosecutor. The prisoner came to the door with a sort of a half sieve of fruit; a man took them from her head: she came in and said, she wanted a pair of shoes to do her service; I brought four pair, none of them were wide enough; she has a remarkable wide foot. Our boy said, take care of that woman, she has been at our shop before; I believe she wants to steal a pair of shoes. She ordered a pair to be made by the Saturday, and went out; I saw a bulk by her side, and as she stooped to put her head to the half sieve, I did not see it as she arose up. The boy went and brought her back, and I saw the shoes under her cloaths; they were taken out; she said she had bought them at another shop; I know them to be my master's property.

Prisoner's defence.

I had two baskets; I set them down, and tried two or three pair; none fitted; he said he would do me a pair against Saturday; I was very contented. A fellow came by; I had a pair of shoes in my hand; I went out with them in my hand to save my fruit; they brought me in, and charged me with stealing them.

Guilty. 10 d. W .

420. (M.) John Hill was indicted for stealing a silver candlestick, value 3 l. three silver tablespoons, value 20 s. nine silver tea-spoons, a silver cream-pot, seven china cups, eight china saucers, three china bowls, and a china tea-pot, the property of George Cook , Gent. in the dwelling-house of the said George , Aug. 10 . ++

Mr. George Cook . I live at Hayes , in Middlesex. The prisoner was my servant ; I hired him for a month upon trial; he lived with me the four weeks all but two days. The robbery was committed on the Sunday, and he was to have gone away on the Tuesday following. On that Sunday morning the servant maid came to me about seven o'clock, and told me my house had been robbed. The prisoner went through my room to his bed; it appeared he had been up that morning an hour sooner than usual, which gave us a suspicion of him. My wife was called up, and they went and searched about. I can only say the things are my property, and being before Justice Wegg, heard the prisoner confess she taking them.

Q. Where was he apprehended?

Mr. Cook. At my house. As soon as my wife had given me an account of what things were stolen, I went to Justice Fielding's, and gave his clerk an account of what was gone, and desired him to advertise the things. When I came back, my wife had taken the prisoner up, from such circumstances that she was clear he was the person. I did not see him till the Monday morning; he was brought by the headborough; they said he wanted to speak to me; he begged mercy; I said but little to him.

Q. What were his words he made use of?

Mr. Cook. He said he hoped I would forgive him.

Mrs. Cook. I am wife to the prosecutor. When the alarm was, I got up and went and examined, and missed the things mentioned in the indictment, (naming them) some were taken out of the pantry, and some out of the scullery.

Q. Was the pantry door locked over night?

Mrs. Cook. It was, but the key was in the door.

Q. Was the prisoner then in the house?

Mrs. Cook. He was, and went about with us in the searching.

Q. Had you then any suspicion of him?

Mrs. Cook. I had.

Q. What gave you a suspicion.

Mrs. Cook. There was a light of the window taken out; the window was in a passage that led to the pantry. The casement was not opened; the leaden bands that go round the bars were untwisted, and a bar cut in two. I was certain it was not done on the outside; I put the light up again, and twisted the bands to try if I could untwist them on the outside, and found that impossible. There was never a pane of glass cracked.

Q. Were the bands twisted close before?

Mrs. Cook. I believe they were; they were found and all whole; this confirmed my supposition; and after Mr. Cook was gone to Sir John Fielding , I sent the prisoner out for some walnuts, to get him out of the way while we searched for the things lost. The maid and I searched several places, and in going into the stable, we found the silver candlestick and part of the china in the manger, under some hay. Then I went for a constable and other people to assist; and when the prisoner came back, I took him into the room where they were, and delivered him into their custody, and said, I believed it was he that had robbed the house: he denied it at first, but at last when he found I had found part of the things, he cried, and said he would show me where he had concealed the rest. The officer went with us; he took us to a hole in the ceiling in the brewhouse; there we found the nine tea-spoons, three tablespoons, the cream-pot, and the rest of the china; he then offered to pay for the things rather than lose his character, and confessed he did do it in the morning after he got up.

Q. Who was by when he confessed this?

Mrs. Cook. Before me and others; two of the witnesses are here; he owned he took the light down, and did the whole fact. There grows some flowers, and is a little edging of box, which were not broke down in the least. We asked him how long he had thought of doing it? He said, he did not think of doing it till he was up in the morning; he was carried to goal on the Monday, after that, he said I was going away, and he did it to serve me; but for that had no foundation. (The goods produced in court, and deposed to.)

Q. By what do you know them?

Mrs. Cook. There are but two of the spoons but what are marked, and there is a small hole through the candlestick, by which we all know it.

Jane Douse . I am servant to Mr. Cook; I was with my mistress when the things were found; and after that I heard the prisoner confess he took down the light, and did the whole fact.

Q. Where did he make this confession?

J. Douse. In the parlour.

Robert Coombs . I am headborough; I was sent for to Mr. Cook's. Mrs. Cook delivered the prisoner into my custody; when Mrs. Cook asked him if he did the fact, he said he knew nothing of it; after that he looked down and said nothing. I said he had better confess, it might be the better for him; then he said he did take the things, and he would go and show us where the rest of the things that were missing were; he took us to the brewhouse, and shewed us a hole, where I took the things out.

John Young . I was the first man that came into Mr. Cook's house when Mrs. Cook sent for assistance. Mrs. Cook said she had a very great suspicion of the prisoner, having found some of the things; she charged him when he came in with it; he at first denied it; a little while after he began to cry, and said he had rather pay for the things than have any more to do about it, and went and shewed us where the rest of the things were.

Prisoner's defence.

It was by my mistress's order that I took the things away: she came to me one morning, and asked me if I could keep a secret; I said yes, if she desired it. She said my master was very cross to me and her, and she had a design to go away once before but did not, but she would now go away; she bid me take the plate out of the pantry, and break the bureau open, and take what money there was, and we were both to g o away together. The next Sunday morning I got up, and did not think any thing of doing it; she cut the bar herself over night; she asked me about it three times, and I was not willing. On the Sunday morning after it was done, the maid went and told my master; he went out to advertise it; then I began to be frightened, and said, I would bring the plate again at night; she said if I did, she would be revenged on me as sure as I was born; so she sent me out. I had told her where I had laid some part of it; while I was gone she sent for the constable, but I had not told her where I had laid the other parcel; she would have poisoned my master if I would have given consent to it. She gave me some poison, and desired me to beat it; she said it was to poison the rats; I beat it; she had got some boiled milk, and crumbs of bread and sugar; I asked what she did it for; she said it was for the rats, but she thought it was too good for the rats, she could freely give it my master. I said, I will have ho hand in it. I come from Buckingham, and have no body here to give me a character.

Q. Was there any time fixed for the doing this, was it agreed upon over night?

Prisoner. No, it was not.

Q. to Mrs. Cook. You hear what the prisoner has been saying, what do you say to it?

Mrs. Cook. All he has been saying is false; he was so despiseable a fellow in the house, we could not bear with him; he was to go away on the Tuesday.

Young. Mrs. Cook said she knew where the things, or part of the things were; we went there, and she said she had told Mr. Cook, that she should find them before he came back; and when we went before Mr. Wegg, Mr. and Mrs. Cook were for laying the indictment only to transport the prisoner: then Mr. Wegg desired us to go to Sir John Fielding , as he understood it better than he; we set out, Mr. and Mrs. Cook in their post-chaise, and we and the prisoner in a little cart. When we came to the White-horse at Shepherd's-bush, Mr. and Mrs. Cook got out, and went into a parlour backwards; Mrs. Cook came to the street-door, and desired me to let the prisoner come to her; she said she had a particular question to ask him, that none could resolve but he; she said she would see he should be forth-coming to me again.

Q. Was he tied?

Young. No, he was not; I suffered him to go to her; he went into the garden with her; the headborough came to me, and said, he saw the prisoner jump over the hedge into the road; he was gone in two or three minutes.

Q. How did Mrs. Cook behave upon that?

Young. I went to her; she said she had let him go, she would not have him hanged upon any account; I said, I thought it was a very bad action; we went into the room to Mr. Cook, and told him, and he was angry that she should do so, and declared to me it was wholly unknown to him. After we had eaten our dinners at the White horse we returned home, and found he had been at home, and taken some money, a shirt, and other things; we heard no more of him till the next day; then Mr. Cook sent for me to take him into custody: he was taken, as we were informed, at Aylesbury, and brought back; then we took him before Mr. Wegg, and he committed him to Newgate; this was on the Wednesday; then was the first time that he said it was by his mistress's order that he had done what he had; he had given some slight hints before, but did not tell us this till then.

Q. to Coombs. Did you hear the prisoner charge this on his mistress?

Coombs. He told me on the Wednesday that his mistress had ordered him to do the thing, and that they were to go away together; this was before we went to Mr. Wegg, after he was taken the second time; and he said she told him, these were not half the things he should have.

Q. Did you see him go over the hedge?

Coombs. I saw him when he was over, running.

Q. How was it you did not pursue?

Coombs. It was a thick hedge, and I went to enquire, and said, I believed Mrs. Cook had let him go. We had no warrant, and he was out of sight in a minute.

Q. to Douse. Did the prisoner come back to Mr. Cook's house?

J. Douse He did, and said his mistress gave him an order for me to pay him 8 s. for his wages; and if I had not the money, he said Miss was to go over the way and borrow it; he said his mistress ordered him to ask me for a ruffled shirt of his master's that was slit down the back, which was in a white basket. I let him have the 8 s. that being my own if it was lost; but the other not being my own, I refused to give it him; he went up and took it, and some odd bits of silk of little value.

Q. Did he describe the shirt rightly?

J. Douse. He did; he might know of that by rummaging about; it was in a basket in his own room. I asked him how he came to come back? he said his mistress had been so kind to let him go, and he should be bound to pray for her as long as he lived; then he set off directly and went away.

Court to Mrs. Cook. It is very necessary you should explain what has come out from those witnesses.

Mrs. Cook. After we went to Mr. Wegg's, he said it would hang the prisoner: it frightened me a good deal; I was very sorry, he being a young fellow, I was sorry for his friends; and I made that excuse in order to let him get away. I did not order him to go and receive the 8 s. nor shirt; when I got him into the garden I said, John, you will surely be hanged; now make your escape, and never be seen in this part of the country: he said, God Almighty bless you, Madam; I shall be bound to pray for you as long as I live; as to the shirt, I did not know that shirt was in the room; it was in the room where he lay; after he was retaken, we examined the bundle which he had; there was a piece of silk and a piece of an old shirt our property.

Q. to Mrs. Cook. You see your compassion has thrown a great cloud over this affair: this man's life is at stake; I must ask you a few questions. Did you, directly or indirectly, give him any order or encouragement to take away these things?

Mrs. Cook. Not the least in the world; I knew no more of it than your Lordship.

Q. Did you cut the bar?

Mrs. Cook. No, I did not.

Q. Did the prisoner, before you sent him out for the walnuts, tell you where he had put any of the things?

Mrs. Cook. No, he did not.

Q. Did you ever threaten to be revenged on him?

Mrs. Cook. No, I never did; he did not suspect that I had found the things; for he said afterwards, if he had thought I suspected him, he would never have come back again, when I sent him for the walnu's.

Coombs. I said, after he had owned it, it was a wonder you did not make off, and not comeback; his answer was, Who would have thought of any such thing, that Mrs. Cook should have got them there to take him; he had no suspicion of it.

Mr. Cook. The prisoner used to have the key of the stable, and I telling my wife of that before I went out, made my wife suspect the things might be in the stable.

Q. What do you say to this? you have heard what has been said.

Mr. Cook. I am satisfied, thoroughly satisfied, there is not a word of truth in all this; I am certain her design in letting the prisoner get away, was real mercy and compassion in her; I know we had not had any word in quarrelling all the time the prisoner was with me, we lived on good terms. I cannot say but I was angry at her letting the prisoner get away.

Mrs. Cook. Mr. Cook said, when I came in out of the garden, You have saved a thief from the gallows, and he will cut your throat.

Guilty . Death .

421. (M.) John Miller was indicted for stealing a gold-headed cane, value 3 l. 3 s. the property Sir James Brown , Bart September 1 . ++

Sir James Brown . I was at Mr. Belbin's on the 1st of September, in Vere-street, Clare-market ; I laid my cane down upon the table and it was taken away, I know not by who; and in about three quarters of an hour I was fetched to Weatherby's in Covent-garden, there I saw it taken out of the prisoner's hand; this was about 12 at night.

Barnard Holebrook . On Monday last about ten at night, I was spending the evening with Sir James Brown at Mr. Belbin's; I heard him say, Mr. Belbin, where is my cane; a gentleman said, I saw a cane a little while ago; we looked about, but could not find it; a gentleman said, I dare say it must be one of the three men just gone out, that has taken it; they were utter strangers to the rest of the company: about an hour after a young man and I took a ramble into Weatherby's; the gentleman with me recollected the face of a person ( not the prisoner) and said, he was certain that was one of the three men that sat contiguous to where Sir James sat; I said, keep an eye upon him, I will go and acquaint Sir James; I went, and brought him there in a very few minutes; Mr. Belbin and another gentleman came with us; as soon as we came in, Mr. Belbin said, here are two of them, I know them very well, the prisoner was one of the two; Mr. Belbin went and looked at the cane in his hand; he desired the prisoner to let him see it; the prisoner refused it, and made a kind of a half wheel; Mr. Belbin said, I beg you would give me leave to look at it; no, said the prisoner, I will not; Mr. Belbin pulled it out of his hand and looked at it, and said, Sir James, this is your cane: we took the prisoner directly to St. Martin's Round-house, and by the way he offered the gentleman a bribe to let him go. In the morning he was taken before Justice Kynaston in the Strand; as I was going to take the oath, he made a spring away down the street, he ran very well; he was pursued, and taken coming up towards Covent garden; he was brought back to the Justice's; the Justice said, now you have done for yourself, this is a confirmation of your guilt. The prisoner said, as soon as I get my liberty I'll be revenged of you all, and particularly the constable.

James Belbin . The prisoner and two more came into my house and called for liquor, the night Sir James Brown lost his cane; they were in the same room he was in; after Sir James lost his cane, we went to Weatherby's; there I saw the prisoner and another person with him. I said to Sir James, they have both sticks or canes in their hands, you had better go up and look at them; he did not much care to go: then I went; the prisoner stood with his hand over the head of his cane; I said, Sir, be so kind as to let me look at that cane: no, said he, I will not; I said, I insist upon looking at it: he made some resistance; I took it out of his hand; it was Sir James's cane, it had his crest upon it.

Mr. Watson. As we went to the Round-house, the prisoner told me, if I would release him, I should have liquor, or any thing that I chose; and said it was but a trifling thing, he had done twenty such things as that.

Prisoner's defence.

I am an upholsterer; when my work is done. I go home in order to clean myself; I met my nephew, and we went to the Mogul's-head in Drury-lane; we had come supper, and were pretty merry; I said, we will go and have some home brew'd beer in Vere street, I was very much in liquor; there was Sir James Brown : I had brought a cane with me, and left it at the Mogul's head; we drank till about twelve; coming away very much disguised in liquor, I happened to take his cane instead of my own; after that we went to the Two Blue Posts in Russel-street, and had more liquor; then we went to Weatherby's there came Sir James; they asked for the cane, I said it was not their cane.

To his character.

Ferdinand Swinney . I am an upholsterer, and live in Lincoln's-inn fields; the prisoner lodged with me from the 11th of June, till this accident happened; that night I supped with him at the Mogul's-head; he and a gentleman came to me, and asked me to go and eat some a-la-mode beef; we had a shilling in punch; after that we went to drink some fine ale at the Lamb; I do not recollect that I saw Sir James, there were three of us; I believe we were there about an hour and a quarter; we had only two jugs of ale there, then they went out; I went home, I do not know where they went.

Q. Had the prisoner a cane at the Mogul's-head?

Swinney. I do not know whether he had or not; he seemed drunk when I parted with him; I never saw him drunk in my life before; no body kept better hours than he; he never made any disturbance in my house; he is noted for a man that sticks close to business; he gets a guinea a week regular.

Q. Where is the other man that was with you at that time?

Swinney. I do not know where he is.

Prisoner. He lives at Plaistow in Essex.

Mr. Holbrook. I saw the other man in the courtyard here yesterday.

Guilty . T .

422. (M.) Anne Smith , otherwise Alice Smithers , spinster , was indicted for stealing a child's cotton robe, value 12 d. a pewter plate, value 4 d. a brass candlestick, value 4 d. a pair of women's stays, value 12 d. five diaper clouts, value 12 d. and a linen shift, value 4 d. the property of John Huitson , July 23 . *

John Huitson I am a motion-maker , and live in an alley near Golden-lane . On the 20th of July I missed a child's robe, five clouts, a candlestick, and a pewter plate out of my apartment, and on the 23 d I missed the stays; the prisoner used to come backwards and forwards to my house, and now and then took the child out with her. I suspected her, and charged her with taking the things; she owned she did, and that she had pawned them in her own name at Mr. West's, where we found them.

The prisoner said nothing in her defence.

Guilty, 6 d. W .

423. (M.) Robert Bradshaw , otherwise Smith , was indicted for stealing two silver desert spoons, value 10 s. the property of Hariott M'Cartney , widow , July 10 . *

James Bray . I am servant to Mrs. M'Cartney; the prisoner was footman ; we missed two silver desert spoons, they were found at Mr. Blake's a pawnbroker; the prisoner was taken up, and before Justice Fielding he confessed that he took them.

Mr. Blake. I am a pawnbroker; the prisoner pledged these two spoons with me, by the name of Robert Bradshaw , and signed a ticket (produced in court)

Bray. I know these to be my lady's property; I had them under my care.

The prisoner in his defence, said, He pledged them for another man, name Bradshaw, that he accidentally. met with.

Guilty . T .

424, 425. (M.) Robert Walker was indicted, for that he on the 11th of Nov . about the hour of one in the night, the dwelling-house of Robert Mason did break and enter, and stealing three dozen of worsted hose, value 10 s. three pieces of silk for handkerchiefs, value 20 s. a pair of linen ruffles, value 4 d. a yard of gauze lace, value 6 d. and five guineas in money, the property of the said Robert Mason ; and Elizabeth Norman for receiving the said goods, well knowing them to have been stolen . *

Robert Mason . I live at Knightsbridge . On the 11th of November my shop was broke in the night, and the goods laid in the indictment taken away. I never heard any thing of them till last Saturday, when Justice Fielding sent for me, I then mentioned the ruffles; he sent a person with Jane Langham to search Norman's box, and there they found them.

Q. Was your house fast over night?

Mason. Every thing was, fast before I went to bed, which was about ten o'clock (the ruffles produced and deposed to by Mrs. Mason.)

Jane Langham . I have known Walker twelve months, he is a bricklayer by trade, I used to visit him and his wife; I saw those ruffles in a bandbox in his room seven months ago, and I heard Walker acknowledge he got them at Knightsbridge, and that at the same time he got eight guineas and odd money.

John Heley . I took up the prisoner Walker, and after that, by virtue of a search-warrant, I found these ruffles and gauze in Norman's room.

Walker's defence.

I bought the ruffles in Rag-fair, of a man that goes about the streets, a Scotchman.

Norman's defence.

The first time I saw Jane Langham in my room, she robbed me, and after that she pawned things in my name; I get my bread at the wash-tub.

To Walker's character.

Joseph Barnicote . I am a master bricklayer, and live in Essex-street in the Strand; I have known Walker two years, he is a labouring man, and honest as far as ever I heard.

Thomas Hudson . I am in the coal-trade, and live in Shire-lane; I have known him twelve years, his character is very good; I had him as a servant four years, and he did his duty as a soldier all the time.

Q. Is the woman at the bar his wife?

Hudson. I do not know that she is.

Andrew Pennington . I am a victualler at the corner of Wych-street, behind St. Clement's church; I have known him twelve or thirteen years, I never heard any thing bad of him in my life; he is an industrious hard working man; I have known Norman four or five years, she went for his wife, I look upon her to be as honest a woman as any in the world.

James Cane . I am a taylor, and live in St. Clement's parish; I have known him two years, he is a very honest fellow; I knew the woman before I knew him, she is an honest woman.

Serjeant James Woolridge . I have known him eleven years and upwards; he belongs to the Coldstream regiment; he has behaved well as a soldier, he always obeyed his orders and came clean.

To Norman's character.

Elizabeth Barnicote . I have known Norman four years; she lives in Milford-lane, she has a very good character.

Walker guilty of stealing, 10 d.

T . Norman Acquitted .

426. (L.) Margaret Buckler , spinster , was indicted for stealing a gold watch, value 10 l. one tortoise shell snuff-box, with a silver rim, value 10 s. two linen handkerchiefs, one half guinea, one quarter guinea, and 15 s. in money, numbered , the property of Gille Joseph Dontremer , July 7 . ++

The prosecutor being a foreigner, an interpreter was sworn.

Gille Joseph Dontremer . I am a silver chaser , and live in Plough-court, Fetter-lane ; I happened to meet the prisoner in Holbourn, between ten and eleven o'clock on Sunday night, the sixth of July, very near Holbourn-bars; I went home with her to Brook's-market, to the sign of the Three Tuns; I did not like her lodgings, there was never a lock to the room-door, so I took her home to my lodging, and lay with her that night; I fell into a sleep, and waked about five in the morning on the 7th, and I found her gone; I missed my gold watch, tortoise-shell snuff-box, two linen handkerchiefs, and my money.

Q. Was you sober or in liquor?

Dontremer. I drank but a pot of beer all the whole evening.

Q. Are you sure you had these things about you when you went into that room?

Dontremer. I am sure I had; the watch I hung up at the head of my bed, and locked the street-door, and my own room-door on the inside; the key of the street-door I put in my pocket, but I left the key of my door in the lock.

Q. Did you ever meet with any of your things again?

Dontremer. The Justice found out my watch and snuff-box; I saw the watch at Mr. Crofton's shop four days after they were stolen, and the snuff-box at Mr. Goban's shop.

Robert Careless . I am a pawnbroker; on the 7th of July, in the morning, the prisoner offered a gold watch to pledge to me.

Q. Where do you live?

Robert Careless . I live in Fox-court; she told me it was the property of her husband; I bid her bring her husband: then she shewed me a snuffbox, it was blackish, I believe engine turned, an said that was her husband's; I desired her to bring her husband, and then I would talk to her farther; she went away and came no more: she was taken upon the Tuesday, and examined before Justice Girdler; she was seen to go into my house, so the Justice sent for me, and upon the account I gave, she was committed.

Court. In order to have seen her husband, you should have stopped the things; you could never expect to see her husband in letting her go away so. I mention this by way of advice, that you may always stop the goods, where you have any suspicion.

John Crofton . I am a pawnbroker, and live in Black-friers; the prisoner brought this gold watch to me on the 7th of July, and wanted three guineas upon it. I asked her how she came by it; she said it was the property of her husband; I said, then bring your husband; she took it away, and in about an hour and an half after, a gentleman-like man appeared as her husband; he said he wanted three guineas upon it; he told me the maker's name; I asked him how long he had had it; he said about a year and a half; I asked him what he gave for it; he said his brother died about a year and a half ago, and left it him: he pledged it in the name of John Hill; he said he lodged at a haberdasher's in Russel-street, Covent-garden (produced and deposed to by prosecutor.)

Adam Goban . I am a pawnbroker, and live on Ludgate-hill; the prisoner at the bar pledged this snuff-box with me on the 7th of July (produced in court and deposed to by prosecutor, it was engine turned.) I lent her 4 s. upon it.

Q. What way of life had she been in?

Goban. I took her for a different sort of a woman, than what she turns out to be.

Q. Did you know her before?

Goban. I know nothing at all of her.

Q. How was she dressed?

Goban. I think she was dressed in mourning.

Court. Here are three persons of some credit, by their appearance, every one whom have acted quite wrong; I wish there was more caution used in carrying on the trade. If a person puts a few clean cloaths on, they can easily impose on these persons: you will oblige the legislator to put an end to your trade, in not using more caution; such do more mischief to society, than the thieves themselves do: it certainly is their duty to stop the goods, where there is any suspicion.

Prisoner's defence.

I never saw the gentleman in my life; I was coming down Holbourn betwixt six and seven on Monday morning, a gentleman met me, a well dressed man; he asked me to drink a glass of wine with him; I refused it; he asked me a second time; we went to the Two Blue Posts in Holbourn, he called for a pint of wine; he asked me to go home with me; I told him I could not take him home at that time of the morning, it was too early; he said he had not cash enough about him, but said, I have got my watch, if you will be so good as to take my watch and pawn it, I'll make you satisfaction; leave it for three or four guineas; I said, I do not think they will take it of me; he said, I'll go with you to the door: I went to a gentleman in Holbourn, he would not take it of me; I came out and told him; then we went to the other gentleman; he would not take it of me; I went and told the gentleman, he went in and pledged it, I never saw him since: I never saw the snuff-box.

Guilty . T .

427. (L.) John Newman was indicted for stealing a silver mug, value 30 s. the property of John Smith , July 8 . ++

John Smith . I keep a public-house in Darkhouse-lane . On the 8th of July, between nine and ten in the evening, I missed the mug; on the 9th I advertised it, and on the 10th a gentleman sent to me, to let me know he had the mug and the prisoner in his possession; I went and found it was my mug.

Q. Did you know the prisoner before?

Smith. I have seen him six or seven times in my house: he was in my house an hour, or an hour and a half the evening it was lost, and had a tankard of beer, but it was a mug that was lost; it was taken from the table he went to last; the prisoner was examined by my Lord Mayor; he said he knew nothing of it.

Roger Flavel . I am servant to the prosecutor; I served the prisoner with some ham and beer that afternoon that the mug was lost; to the best of my knowledge, it was taken from the table where the prisoner sat.

Mary Leech . I live at Mr. Sawrey's the White-horse, Fleet-market; the prisoner lay at our house; I found the mug under his bed on the 9th of July.

Q. Was there any other bed in the room?

M. Leech. No, there was not; I called my master and mistress, and they both looked at it, and put it in the place again, and the next morning it was there; the prisoner lay in that bed that night; when we came down stairs, we found by the Daily Advertiser it was advertised: (the mug produced in court.)

Prosecutor. This is my property.

Q. By what do you know it?

Prosecutor. Here is engraved round the bottom part of it, John Hills, at Darkhouse-lane, Billingsgate, the person's name that owned it before I bought it.

Anthony Sawrey . I keep the White-horse-inn in the Fleet-market; my maid informed me of this mug being under the prisoner's bed, and called my wife and me to look at it; I said it belongs to the gentleman that lodges here, put it where you had it, it is not mine, which they did; the prisoner lay there the next night also; in the morning, by looking into the Daily Advertiser, I found it answered the descriptions exactly; I then sent for Mr. Smith the prosecutor; when he came, I said, have you advertised a mug? he said, yes: I had a constable ready; we went into the room where the prisoner was; we looked for the mug but could not find it; I enquired of the prisoner where the mug was; he said he knew nothing of it; I said, my maid informed me of it yesterday, and I saw it, and she said it was standing in the same place this morning; I desired the maid to examine the bed; she removed some of the bed cloaths, and it was found betwixt the quilt and the blanket; then the prisoner said he knew nothing of it; it was not bruised when she saw it at first, but when it was found in the bed it was in this bruised condidion it is in now: (it was very much bruised.)

M. Leech. When I found it, it had only one very little bruise.

Prisoner's defence.

The room is upon a public stair-case that leads to a public yard; I never was in the room but when I went to bed; I do not know how the mug came there; Mr. Sawrey knows me, please to ask him my character.

Mr. Sawrey. The prisoner came up by my machine; I have known him two or three years; he first came with a person from Bedfordshire; all I know of him is, he behaved as a gentleman with me till this affair; he might have robbed me of a thousand times the value.

Acquitted .

428, 429. (L.) Anthony Barber and John Merryjohn , were indicted for stealing 65 pounds weight of sugar, value 15 s. the property of persons unknown, August 1 . ++

Barnaby Linton . I am a constable for the West-India merchants; I am bound over to see this properly carried on. I know nothing of the affair.

- Macdaniel. The first of last month, between three and four in the morning, the two men at the bar were coming along the streets; there was another man with them, all with sugar; I was sitting at my box (I am a watchman) in Tower-street; I took hold of the first man, and asked him what he had got there; he said, what was that to me; I said, I must know; the other man came up to his assistance; the beadle was looking over the hatch; I called out; he came, we took the two prisoners, the other man ran away, after dropping the sugar he had in the street; they had 65 pounds weight of sugar in all. It was brown clear sugar.

William Cannon . On the 1st of August, between four and five in the morning, Macdaniel had hold of the prisoner Merryjohn, the other got away; he called, stop thief; I stopped Barber, and brought him to the watch-house; he had a parcel of sugar upon him.

Jacob Gray . I am a watchman; between three and four in the morning on the first of last month, I saw my partner engaged with three men; they made an attempt to run away; we secured the two prisoners, the other got away.

Joseph Richards . I am under beadle of the ward; about 20 minutes after three on the 1st of August, three men came up to the place where we had a centry stood; I heard a noise; Macdaniel called to me to come to him; I went to him; Merryjohn had thrown down the sugar; I ordered a watchman to take it up, and I laid hold of Merryjohn to carry him to the watch-house; one ran quite off, the other attempted to run but was soon taken, and we took them to the watch-house.

William Hummer . I am a constable; I took these two prisoners into custody; the account they gave of the sugar was, that it was sweepings, but it did not appear so to us, it was clean sugar.

Barber's defence.

A man gave the sugar to me to hold while he made water, the watchman stopped me immediately, and he ran away.

To his character.

John Pawles Miller. I live in White's-yard, Rosemary lane; I have known Barber about twelve months.

Q. How does he get his bread?

Miller. He goes a portering, sometimes one way, sometimes another; Merryjohn and he live together; they are Venetians, honest people as far as I know.

Merryjohn's defence.

I had been to Billingsgate that morning; I saw a man in the street, he asked me what countryman I was; I said, a Genoese; he wanted me to carry the sugar; I took it to carry; the watchman stopped me, and that man got away.

Both Acquitted .

430. (L.) Gilbert Garrett was indicted for stealing two pounds and a half weight of stags horn for handles for knives, value 2 s. 6 d. the property of William Jackson and Robert Wilkenson , July 15 . ++

William Jackson . Robert Wilkenson and I are partners in the business of harts-horn rasping, for making jellies ; we were always missing things ever since the prisoner worked in the shop , which was from a little before Christmas last. On the 15th of July I went to the house of Mr. Morris; he told me he had better horns than he could have of me; the next morning I went again; there I found some harts horns in the prisoner's bag, two pounds and a half of them; they are Hamburgh horn, I know them to be our property: on this I took the prisoner up; I held the bag up to him and said, do you know any thing of this bag? he said, yes, I do; (the bag produced in court.)

Q. How do you know it to be the prisoner's bag?

Jackson. I have seen it in my shop often before, and know it is his bag; (pieces of horn found at Mr. Morris's produced, and other pieces which the prosecutor brought from his own shop compared, and it appeared to a demonstration, they were only parted by the saw.)

Cross examination.

Q. Did you never sell the prisoner harts horns?

Jackson. I once sold him half a hundred of tips, and he never came to work after, till he had spent the money, and I am not paid yet.

Q. How long is that ago?

Jackson. It may be about three months ago.

Q. Are not these part of them?

Jackson. No, I can swear they are not; they were quite of a different sort.

Peter Morris . I am a cutler, and live in St. John's-street; I bought these horns in the bag of the prisoner; Mr. Jackson came to my shop, and upon seeing the bag on my counter, asked whose bag it was; I said it was Garrett's; the horns were in it, there are two pounds and a half of them; I was to have given the prisoner half a crown for them, but having no silver I had not paid him for them; there are only two little tips among it, the rest are parts of bodies of horns.

Q. How long have you dealt with the prisoner?

Morris. I have dealt with him two or three years, and sometimes I have dealt with Mr. Jackson.

James Butcher . I was formerly a servant to Mr. Jackson; I was before my Lord-Mayor when the prisoner was there; I there saw the horns found at Mr. Morris's, fitted exactly to some pieces that were brought from the prosecutor's, they matched exactly; it was plain to be seen they belonged to each other; (the jury inspect them)

Prisoner's defence.

I bought some horn in Whitechapel, and some of a merchant, all Hamburgh horn; as to their matching, horns may come off two dears heads, and appear as if they came from one.

For the prisoner.

John Pool . I am a druggist and live in White-chapel, the prisoner has bought horns of me several times; I believe he bought some of me in July last.

Q. What sort of horns were they?

Pool. They were bucks horns, there might be some flags horns among them.

Q. What is his character?

Pool. I know nothing of his character; he used to pay me.

James Edwards . I have lived with Mrs. Edwards 26 years, in Shoreditch; she deals in rags, horns, and other things for this seven years; the prisoner has bought what horns we have; he has taken an hundred, or a hundred and a half at a time.

Richard Jackson . I am a box-maker, and live in the Old Exchange; I have known the prisoner 18 or 20 years, he has got his living by industry; he always bore a good character; I have lent him money several times to buy horns.

John Selby . I am a carpenter, and live in Golden-lane; I have known the prisoner pretty near three years; he lived in my house about two years; he dealt in harts-horn; I never heard a bad character of him in my life; I have lent him money to buy horn; he has paid me very honestly.

Guilty . T .

431. (M.) Robert Smart was indicted for stealing a linen shirt, value 2 s. a linen neckcloth, value 6 d. and two pair of cotton stockings, value 2 s. the property of Joseph Molson , June 6 .

Joseph Molson was called and did not appear.

Acquitted .

432. (M.) Catherine Smith , spinster , was indicted for stealing a pair of silver shoe-buckles, value 15 s. the property of James M'Intosh , July 14 . ++

James M'Intosh. I am a seafaring man ; I was coming from seeing a friend at Westminster, a little in liquor; this gentlewoman at the bar picked me up upon the road, by Black-horse-yard, near Nightingale-lane; this was 7 weeks ago, between 12 and 1 in the night; I was going to Limehouse; I said I had no money; she said I should not go home at that time of the night, whether I had money or not, I was welcome to stay with her; I went with her to her house, and took the buckles from my shoes, and put them into my stockings; she was making away in ten minutes time; I jumped up and missed my buckles, and told her she had got them; I ran down stairs for help; there came two men and a woman seized me, and put me in danger of my life; I went home to my lodgings, and the next morning I went to enquire for my buckles, but never found them again; they were silver buckles; they cost me 25 s.

Q. Where did you put your stockings when you went to bed?

M'Intosh. I put them under the foot of the bed, there was no body else but she in the room with me.

Q. Had you been asleep?

M'Intosh. I had; and when I awaked, she was there.

Q. What did she say when you charged her?

M'Intosh. She said nothing at all, but came down after me making a noise.

Q. Was you sober?

M'Intosh. I was.

Q. Did you know the prisoner before?

M'Intosh. I never saw her with my eyes before.

The principal evidence against the prisoner, was Margaret Fligart ; she was called upon her recognizance, and did not appear.

Acquitted .

Fligart's recognizance ordered to be estreated.

432. (M.) Stephen Kingsland was indicted for stealing a black gelding, value 20 s. the property of William Phillips , Aug. 23 . ++

William Phillips . I live at Hoxton; I lost a black gelding out of a field opposite Hackney-turnpike , on the 23d of August; the horse was stopt by Mr. Tuck at Edmonton the same day.

Q. Did you know the prisoner before?

Phillips. He had been about the fields with the haymakers some time.

Q. How old is he?

Phillips. His father tells me he is ten years of age; I was afraid of being prosecuted myself, or I had not prosecuted him.

Thomas Tuck . I am a butcher, and live at Edmonton. On the 23d of August I was in my shop; the boy at the bar came up and said, Butcher, will you buy a horse? I said, what do you ask for him? he said 20 s. I said, you rogue, you have stole this horse; he said, no, I have not; I said, nobody will send you out with this horse to sell; where do you live: he said he lived at Old Ford, and that the horse belonged to Mr. Jones the callicoe-printer. I asked him his name, he said his name was Reiley. My man was going towards Mr. Jones's, I would have had him went with my man, but he would not; I secured him and the horse, and ordered my man to enquire. When he came back, he said he could hear of no such person as Reiley; I kept him all night, then I sent him in a cart to Old Ford: my man returned, and said the prisoner confessed going along, that he stole the horse, and whose it was; then I sent the prisoner and the horse to the prosecutor: (it was a blind horse.)

Acquitted, on account of his tender age .

433. (M.) Mary White , spinster , was indicted for stealing four guineas and one half guinea , the property of Benjamin Gifford , August 15 . ++

Benjamin Gifford . I am a seafaring man . I was drinking in a public-house on Salt-petre bank on the 15th of August, about eight or nine o'clock, and drank three or four pots of beer with some of my shipmates; this was at the sign of the Black-boy. The prisoner came into the house, and forced herself into company without being asked: she asked me to go home to her lodgings with her. I did: she asked me to go to bed with her; we agreed, and went to bed together. After we had been to bed some time, she hawled my breeches from under my head softly, and in her getting up, I catched fast hold of her hand and said, where are you going; she gave me a very rude answer: another woman came up stairs; they went both down together; I found my breeches were gone; I went to the head of the stairs and called for a light; they brought up one; I found my breeches in the middle of the bed, and my money was gone; four guineas and a half and some silver.

Q. Was you in liquor?

Gifford. No, I was not at all in liquor.

Q. Are you sure you had your money in your pocket before?

Gifford. I am; I had received my wages about two o'clock that afternoon.

Q. How long had you been in bed?

Gifford. About an hour and a half; I went in pursuit of her, and found her at the sign of the King of Prussia, and desired some people there to assist me in taking her up; they did: I found her in company with two soldiers. When she went to bed with me, the woman wanted money of her; she turned her pocket, and had no more than twopence halfpenny about her; and she paid the reckoning for treating the two soldiers, which came to 8 s. and 9 d. she was carried to the watch-house. The constable searched her, but no money was found upon her; she abused me very much going along; she took all the money I had in the world from me.

John Williams . I was the officer of the night. When I came to the watch-house, the gentlewoman at the bar and the prosecutor were there. I thought they were both pretty fuddled; I locked them both up till morning; he told me the same story he has here.

Nicholas Foy . I have 2 l. 14 s. 3 d. here, which the prisoner delivered to me to take care of for her (produced in court.)

Q. When did she deliver it to you?

Foy. That night that she was taken.

Q. How long have you known her?

Foy. I have known her about a year and a half.

Q. How did she tell you she came by that money?

Foy. She told me her husband was lately come home from sea, and he gave it her, in order to clothe herself, that she might get into another way of life. The prosecutor and she have been acquainted before this.

Q. to prosecutor. Did you know the prisoner before?

Prosecutor. She has been on board the ship that I belong to.

Q. Was you ever in her company before?

Prosecutor. I have; I was in her company two nights before this.

Q. to Foy. Did she say who was her husband?

Foy. No, she did not.

Q. What are you?

Foy. I am a publican.

Q. Was it at your house the prisoner was treating the two soldiers?

Foy. It was; she changed a guinea with me to pay the reckoning, which was 8 s. 9 d.

Prisoner's defence.

I was just come up from Gravesend that day; I happened to meet with this man, he had been an old acquaintance of mine; he carried me into a strange house where I never was before; he said if I would lie with him, he would make me a very handsome present. I knew he was a terrible fellow; I was obliged to go to bed with him whether I would or not. I had not been long in bed before a woman came, and said a person wanted me; when I returned, he was disputing with a woman; I went to hear what it was about; the woman ran away, and he vowed revenge against me.

Guilty . T .

434. (M.) Patrick Maloye was indicted for stealing a metal watch, value 30 s. and one brass key, value one penny , the property of William Lee , July 15 . ++

William Lee . On the 15th of July I went to see one Mr. Jackson, in Curzon-street, May-fair; after I had been there about an hour, I was sitting in a window, and Mr. Maloye came by; a person with me called him Maloye; I said, what is it that Maloye that belonged to the Irish Carabineers in Germany? the gentleman said yes. I said I should be glad to speak with him, I had not seen him for four years, since the peace was made. He came in, we shook hands, he sat down; I was glad to see him; we had a shilling's worth of rum and water; after that we might have two or three or more. He being going my way home, we agreed to go together; coming down Half-moon-street, Piccadilly, he asked me if I would go and drink a glass of wine with him at the White-horse cellar, Piccadilly ; I said, I did not know whether I should have time to stay, but I would go with him; we went in, and were in a room by ourselves; we called for a bottle of wine; we drank that and had another; he sat at one end of the table and I the other; at the second bottle I was rather a little sleepy; I laid my hand down upon the table, with my head upon my hand; he came to me and said, Halloo! Lee! why you are drunk; said I, I am not very sober; I believe; said he, will you have a post-chaise and go home? I said no, but I must have something. I believe I got up from my chair, and put my hand to my pocket, and found my watch was gone. I said, Maloye, I have lost my watch. Lost your watch! No, Sir, said he; said I, I have, and since I came into this room; and out of the room you shall not go, before I know what is become of it; upon that he rose up immediately, and wanted to go out of the room; I went to the door and said he should not, for if the watch was fifty degrees under ground I would know what was become of it: then he was for fighting me, and wanted to go out; I still persisted he should not go out; thus we continued a good while; then a constable was sent for: when he came, he asked me if I charged the man with any thing; I said with stealing my watch; I said I had it when I went into the room, and I had lost it since, and nobody has been here but him. The constable said to him, have you got the gentleman's watch; he said no, and out he pulled his own, and said, I have no other watch but this. A coach was sent for, and we went in it to Sir J. Fielding; the constable, the landlord of the house, and I believe another man went with us. When we came there, I related the whole story as now. The Justice asked if he had been searched: I said, not to my knowledge; he ordered the constable to search him, and he took my watch out of the prisoner's right hand coat pocket; the glass was broke, and the minute hand off; I had told the prisoner I would give him six guineas for it, if he would deliver it to me, before the constable came, but he would not. The Justice asked him how he could think of robbing his friend; his answer was, he took it in point of honour. The Justice said, it was a very odd sort of a point of honour.

Cross examination.

Q. Had you been often in the prisoner's company before?

Lee. I had been about three times in his company in Germany; I looked upon him to be a very polite and a very honest man.

Q. Was you not very fuddled?

Lee. I was so sober as to know what I was doing.

Q. Had you your watch out at Mr. Jackson's?

Lee. I had, and the prisoner took it out of my hand there, and said, your's is a very pretty watch, and I looked at his watch-chain, I had none to mine; I asked him what he gave for his; he said 18 d. I said I should be glad of such a one; then we put our watches in our pockets again.

Q. Did you give him your watch to get a chain to it?

Lee. No, I did not; I would not have parted with it for ten times the value of it.

Q. Was you sober when you took out your watch?

Lee. I was, we had not drank a shilling's worth of liquor at that time.

Q. Did you see it after you came out of Mr. Jackson's house?

Lee. No, I did not.

Q. Did you go to sleep?

Lee. I did; he gave me a knock on my shoulder, and gave me a jostle; and if I may be allowed to speak plain, I believe he took my watch at that time; I will not pretend to say it was so. While I was in a confusion with him, there came a fellow and gave me a knock on the side of my head, and knocked me down, and the prisoner got out, and got into another room, and the constable followed him.

Q. Was he drunk or sober?

Lee. I believe he was not quite sober.

Q. Did any body come in the room while you were together drinking?

Lee. No, none but the waiter.

William Trouton . I am constable. I was sent for on this occasion on the 15th of July; when I came there, there were a great number of people on the outside and in the inside the house; Mr. Lee was in the kitchen; he said, are you a constable? I said, I am; he said he had been robbed of his watch; he pointed to the prisoner, who sat upon a chair with his elbow upon the table, seemingly asleep. I went to him, and asked him if he had the gentleman's watch; he said no. I said, you must go before a magistrate and clear this thing up; a coach was called for; there was a great concourse of people; he was unwilling to go in at first; when we got there, Mr. Lee was examined; Sir John asked whether the prisoner had been searched; somebody said no; I was ordered to search him, and in his right hand coat pocket I found this watch: (produced in court and deposed to by the prosecutor.)

Q. Do you remember it was asked him how he came to rob his friend?

Trouton. I do; he said something that he did it out of a point of honour.

Q. What did he mean by that?

Trouton. I cannot tell.

Q. Did he not seem to be surprized how it should come into his pocket?

Trouton. He was desired to search his own pockets by the landlord and others before, but he refused it; Mr. Lee said he would have his watch, and if the prisoner was distressed he would lend him five or six guineas.

Cross examination.

Q. Were they both in liquor?

Trouton. They were.

William Billing . I am a waiter at the White-horse cellar; I remember the prosecutor and prisoner coming to our house; they both appeared to be in liquor at coming in; they called for a bottle of wine, I carried it in; after that another; they drank pretty freely; Mr. Lee was drowsy; he laid his arm down upon the table and went to sleep; he turned sick and cast his stomach: Mr. Maloye said he would have a post chaise; I went and ordered it, he got into it: the ostler said, Sir, please to pay for the chaise now, it is customary so to do; he refused it, so the ostler did not chuse to let him have the chaise; then he came out, and the chaise went back; when he came into the room, Mr. Lee was still drowsy; Mr. Maloye had his cane in his hand; he struck him gently, and said, Lee, get up. Mr. Lee stood up and looked about him, and said, I'll have something to go home in. I said, Sir, we have never a chaise at home: said he, I will have a post-chaise, and if you will not go for one I will; he would have one if it cost him a guinea a mile; he went out to see for one; he spoke to the post-boy; the boy said there was none at home; Mr. Lee put his hand to his pocket in the street and said, by G - d I have lost my watch, to the post-boy; he came directly into the room and said, I charge Maloye with stealing my watch; he rang the bell and went into the room, and charged Maloye with taking it, and said he should not go out of the room till he had it; Mr. Maloye denied having it: I wanted to go out upon business: I went out, but he still kept Maloye; there was a scuffle between them; Maloye was rather the weakest; my mistress was sent for into the room; Maloye said to her, Madam, will you let Mr. Lee lie down upon a bed, he is very sick; Maloye lodged one night in the house, he was to have laid there a fortnight; she said he might lie down where he had laid, but she would not have her beds spoiled so.

Q. Where did Maloye order the chaise to?

Billing. To Twickenham, he lived servant with my Lord Kerry: my mistress seeing this scuffle, desired the company to get Maloye from Mr. Lee, and he was brought into the kitchen, and put into a chair; Mr. Lee said to him, Maloye, give me my watch, for you have it, and I will have it; give it me, I'll give you five or six guineas if you are distressed: Maloye denied having it, and pulled out his own watch, and said it was all he had; Mr. Lee said that was not his watch. The constable was charged with Maloye, and they went before Sir John Fielding .

Q. Was you in the room when Maloye hit Mr. Lee with his cane, and said, Come, Lee, get up?

Billing. I was.

Prisoner's defence.

Your Lordship knows I must be very much in liquor, to go to awake the man if I had stole any thing; I had time enough to get away; and when I went out to ask for a post-chaise, whether I had not time enough to convey the watch away; the prosecutor says he never was out of the room, and the waiter says to the contrary. I know nothing of the watch, no more than I do of my dying hour; I said before Sir John Fielding , if I took the watch, I should take it out of a point of honour, to keep it for him; but I was so much in liquor, I do not know what I said.

To his character.

Thomas Street. I have known the prisoner about two years and four months; he lived with my Lord Kerry, I believe he was his footman; I never heard any thing bad of him before; I always looked upon him to be a well-behaved man. I was coming by the White-horse inn, and saw him and Mr. Lee sitting together, with about half a bottle of wine. Maloye said he had met with an acquaintance that he had known in Germany; they were very joyous together; I recommended Maloye to go to bed, that he might be clear of liquor; he insisted on my drinking a glass. Mr. Lee got hold of me, and desired I would sit down, saying he would make much of any friend of Maloye's.

Q. Did you know Mr. Lee before?

Street. I never saw him before to my knowledge.

Mr. Welch I have known Maloye about three years; I live at my Lady Kerry's; I know my Lord places great confidence in him; his Lordship took Maloye's wife into his service, they have 60 l. a year between them; he had money due to him at that time; had he not, he might have had 20 guineas of my Lord or me either, had he been distressed. I know him to be a very faithful servant.

Acquitted .

435. (L.) Edward Brophy was indicted for committing a rape on the body of Phillis Holmes , spinster , an infant under ten years of age, June 23 . *

(The witnesses were examined apart at the desire of the prisoner.)

Sarah Arey . Mr. Walker keeps the New Goose and Gridiron in St. Paul's Church-yard, the prisoner was head waiter there. I was going to clean the child Phillis Holmes one Sunday morning. I stripped her, and had some water ready to wash her: she was not willing to pull her shift off, her excuse was that it was cold. I said she had not been half washed all the week; I took and stripped her shift over her head, and saw it was in a deplorable condition; it stood alone with nastiness, green, blue, yellow, and all colours. I said, my dear, you have not got botches or biles about you. She said, no, nurse, I all nothing. Mr. Walker rang the bell, he was impatient to have the child down; I dressed her, and let her go down, and flung her cloaths carelessly into the closet. Mrs. Walker was ill in the room in bed, and insensible of any thing then; I was her nurse to attend her; I could not help looking at the shift: I said to Mrs. Walker, are you awake; she said, I am. I said, here is such a shift of Phillis's, that I never saw the like, and shewed it her. After that, Mrs. Walker's sister-in-law came, named Askew; I told her all about it; I told her, I nursed a gentlewoman in Wells's-Row that had the foul disease, and this appears like it. She said she would go and tell her brother; she went down directly; he sent the child up, and followed her; I laid her down on the bed and looked at her; I never saw such a sight in my life; her womb was open as wide as mine, who have had nine children. I then thought she had been abused by a man; there was a deal of nastiness like thick milk and cream, that ran quite down to her ancles. I shewed Mr. Walker her shift; (he is a very passionate man) he said, O you b - h, you are poxed! Hussey, who has meddled with you. Nobody indeed, said she: he said, I insist upon knowing. She said, nobody indeed, again. I kept her above stairs; he came up again after dinner, she still stood it out that nobody had meddled with her; he asked her how she got it; she said she got it that day she bought some cherries, when he kicked her.

Q. Did he beat her then?

S. Arey. No, he did not, I took her from him; she kept it to herself all day, and lived all that day upon nothing but bread and water; she had lived upon nothing but bread and water before for almost a month, only I gave her something some-times by stealth; she had done something that she should not have done; she had given a shilling away one day, and three shillings another day. On the next morning, which was on a Monday. Mr. Bull the apothecary came, he attended my mistress; Mr. Walker acquainted him with it; he came up stairs and said, Phillis, what is the matter with you; she said, nothing, Sir. Mr. Bull said, bring her down, is there no privater room than this. Then I carried her down into the club-room, and laid her down on her back on the bed, and took up her cloaths; he looked at her and said, O my God! she is poxed! who has meddled with you, child? Nobody, said she; he said, don't tell me so, for I know somebody has as well as if I was between you both; he could not persuade her to tell: he said to me. Nurse, do not you know surgeon Pott? I will speak to the beadle of the hospital, and he is a severe man, I will have her cut to pieces; (this was to affright her, to make her tell;) he went down, and clapped the door too as if he was angry; the child was still obstinate; then the child and I went up to dinner; then I said, tell me, for you hear what he says, you will be cut to pieces; then she said it was Ned, (I only knew the prisoner by that name Ned;) I said, do not say so, I do not believe you; she said, yes indeed it was; I said, you mean Jem; (that is one James, another waiter, that was then bad) she said, no, indeed, it was Ned; I said, where was it; she said, in the cellar; I said, how came you to go into the cellar; she said her uncle (meaning Mr. Walker) sent her into the cellar to draw a pint of beer for Mr. Griffiths, and Ned was there, stirring the beer with a stick, and he came and put his hands under her cloaths, and put his finger into her private parts, and took her up and carried into the other cellar, which goes a great way under ground, where she might have been killed, and we not heard; that he put what he had in her, and hurt her terribly, and he could not get it in the first time; and he put his hand upon her mouth, and told her, if she told any body she would be killed and hanged. I said, did he meddle with you any more; she said, yes, nurse, two times more; once she said she was going to carry her uncle's wig into the club-room, and he was putting up the press-bed; that he took her up and laid her on the bed, and stopped her mouth that she could not cry; then he hurted her terribly, and when it was in a good way then it was easier to her after; and told her the same again, that if she told any body, her uncle would kill her, and she would be hanged; and yet all the time he used to be more angry with the girl than any body else. I asked her when was the next time; she said, on the free masons day (there is a club of free masons at the house) she said her uncle sent her up, and the prisoner was cleaning the glasses; that he took her up and flung her on the bed, and did the same again, and she felt it very warm within her, but it did not hurt her so much then as it had done before; and then he told her as he had before. I asked her what she felt warm within her; she said she did not know; at last she told me it was his cock; I went down immediately and told them below; then Mr. Bull, Mr. Walker, and others came up; then I went down and heard no more. As he was coming down stairs to go before the magistrate, I said to the prisoner, O Ned! how could you do this affair; he said, O nurse! the devil was in me, and I was devoid of my senses.

Q. Was you before the magistrate?

S. Arey. I was.

Q. Did you hear the prisoner say any thing?

S. Arey. He talked a deal of nonsense, and said he should be glad to be heard. When I came down stairs from Mr. Bull and Mr. Walker, the prisoner said, nurse, what, is there any thing the matter with my mistress; I said, no, but something is the matter with Phillis, and you will hear presently; he looked as white as death.

Cross Examination.

Q. Did Mr. Walker use to kick the child?

S. Arey. He used to kick her backside; he never kicked her over that part.

Q. from prisoner. What time did this girl tell you the manner that I did this action, was it the day that I was taken into custody, I mean the transaction in the cellar?

S. Arey. This was directly after Mr. Bull went down from examining her on the Monday.

Q. Was the child kept in her business for that month, you say she lived on bread and water?

S. Arey. No, her uncle would not let her come near the bar; she used to be in the bar.

Q. Who kept the bar at that time?

S. Arey. It was kept by several, Betty and others.

Q. Did the girl say in common that her uncle had kicked her?

S. Arey. She always said her uncle had kicked her, till she said it was done by Ned.

Edward Bull I am an apothecary, and live at Islington; I attended Mrs. Walker; I called there on the 23d of June, and was asked to examine the child, there was something the matter with her that they could not find out; she had informed them it was a kick; the nurse let me see the shift; I said it was something worse, which I was very sorry to see; I said I should be very glad to examine her; I did, and said I apprehended it was the venereal disease, and a very bad one; I examined the part and the linen, and said, I was very sure it proceeded from no kick; I asked her how she came to be so, who had meddled with her; she would not tell; I then threatened her, and mentioned Mr. Pott at the hospital, and said she should go there, and called for ink and paper, pretending to write a note that she should go under his care, and be cut and slashed as he thought proper; she still insisted no body had meddled with her; but at last she said she would tell the truth, if I would be favourable to her; I said I would; she said, one of the waiters, mentioning a name, had been concerned with her: upon which, the prisoner was called up; when he came first into the room, he looked a good deal confounded. I said to Mr. Walker, I am afraid this man is guilty of what the girl accuses him with; he looked at me, and said he was not; I said, my friend, your countenance betrays you; what makes you look so white; his answer was, I really am not guilty.

Q. What had the child told you, keep to the words as near as you can?

Bull. She said the man had been concerned with her, mentioning the name Brophy; upon which I asked her where; she said in the cellar; she told me the day, but I do not recollect it.

Q. Did she mention the day of the month?

Bull. No, she mentioned the day of the week; upon her acknowledging that, I asked her why she made use of no means in order to alarm any of the family; she said, she was prevented by the man putting his hand to her mouth. She acknowledged he had been concerned with her two times after the first time, up stairs, on the bed in the club-room. When the prisoner came up, I asked him if he knew any thing of that girl being injured; he denied it; this he did twice over, when I told him his countenance betrayed him; I said, you had better tell the truth, for it lies in my power to be a friend to you; he did not then acknowledge it; then I was advised to take him into another room, and examine if he was foul. I did, and plainly saw he was not a sound man, he had the venereal disease upon him. I then desired him to tell the truth, as it was in my power to be of service to him, and said I wou'd do all in my power. He told me he had had that disease upon him in the month of August was twelve months: I asked him if he ever applied for relief to any apothecary; he said he never did; he said he had a circumstance to tell me, that was, about nine days before he was concerned with the girl, there was a person that wanted to lie with a person that was at his master's house; (I believe a lodger) he wanted to have to do with her himself; he pulled her by the gown, and told her he believed the man was not a sound man; and upon that he himself was concerned with her, and a little after that he found a running; and about a week or nine days after, he owned he was concerned with the girl Phillis. I asked him how often he was concerned with the girl; he said he was concerned with her once; I said, have you been concerned with her no more; he said no, he had not; I said, the girl tells me you have been concerned with her three times. I asked the girl very particular questions, if she was hurt, and found any great pain the first time; she said she did; I asked her if she was hurt the second time; she said she was hurt a good deal, but not so bad as the first; and the last time no pain at all, or very little.

Q. What is your opinion now, as to the disorder the child had?

Bull. I am now of opinion, that the child's disorder was venereal, and not proceeding from a kick; it is my opinion she had been laid with by a man; I gave her some physic, just to keep the disorder from getting a head; she was sent to St. Bartholomew's hospital, under the care of Mr. Pott.

Cross examination.

Q. What were the words you made use of before the prisoner confessed?

Bull. I told him it was in my power to be of service to him, and I would do him all the service in my power.

Q. from prisoner. Whether I had the foul disease, or whether it was a gleet or running?

Bull. I asked him how long he had had it; he said, since August was twelve months, and he never had applied to any person whatsoever to get redress.

Q. from prisoner. Whether an apothecary may not be deceived, and not know a strain from the foul disease?

Bull. I think there can be no infection given to another person from a strain.

Court. The question is of a different tendency: the question is, whether a strain would not occasion the same appearance at first sight as the venereal disease?

Bull. I think not, this strain was quite of a different colour: the running that I found upon his linen had a quite different appearance to me than that of a strain, both upon his linen and the girl's.

Q. from prisoner. Did you not tell me it was the only means of saving my life to own it?

Bull. No, I said it might be in my power to be of service to the prisoner.

Q. from prisoner. When did the girl tell you the thing?

Bull. She told me it the very day you was taken before Mr. Alderman Peers.

Phillis Holmes (not upon oath.)

Q. How old are you?

P. Holmes. I do not know.

Q. Do you know what an oath is?

P. Holmes. No, I do not.

Q. Where do you live?

P. Holmes. I live with Mr. Walker.

Q. How did you come by that illness you had some time ago, when the nurse found you was out of order?

P. Holmes. The first time was, I went down into the cellar to draw a pint of twopenny for Mr. Griffiths; Ned, the man that stands there, followed me down; he put his hands up my cloaths, and carried me to the farthest part of the cellar, and stopped my mouth, and pulled out what he had, and put it into my private parts.

Q. Did he ever do so again?

P. Holmes. The next time I went into the cellar for a quart of beer for two carpenters, and he did the same.

Q. Did he ever do so after that?

P. Holmes. Yes, he did so in the club-room.

Q. How often in the club-room?

P. Holmes. Only once.

Q. Have not you told some people he did so twice in the club-room?

P. Holmes. No, I have not.

Q. Is all that you have said true?

P. Holmes. It is.

Q. What did the prisoner say to you afterwards?

P. Holmes. He said I should be hanged if ever I spoke of it; he bid me say it was by a kick.

Q. When did you begin to be ill?

P. Holmes. That was the second time.

Q. How long was that time after the first?

P. Holmes. That was about a fortnight after the first.

Q. Where was you cured?

P. Holmes. I was sent to the hospital to be cured.

Q. What was you sent to be cured of?

P. Holmes. To be cured of the pox.

Q. Had you ever any acquaintance in that way with any body else but Ned.

P. Holmes. No, I never had with any body else.

Anne Bullock . The child Phillis Holmes is my child; she was ten years of age the 20th of July last. I bore her of my own body.

Edward Harding . I was at the prisoner's examination before Mr. Alderman Crosby and Mr. Alderman Peers; the second examination before Mr. Alderman Crosby was very extraordinary: (this was in Mr. Walker's house) I desired Mr. Bull to search if the prisoner was foul; he said he was foul: then the prisoner confessed the fact, and kneeled down on his knees, and said to Mr. Walker, what service will my life be to you. Mr. Alderman Crosby asked him if he had been concerned with the child once, twice, or three times; he answered three times.

Q. What kind of concern?

Harding. I imagine by lying with her; he was examined about that fact; he was examined first by Mr. Alderman Peers, and twice after that by Mr. Alderman Crosby; he asked the child how her breath was stopped; she said, by the prisoner's finger.

Samuel Hall. I was present when the prisoner acknowledged the fact in his master's room.

Mr. Daniel. I heard the prisoner confess at the same time.

Mrs. Bullock produced a copy of the register of the birth of the child, which she brought up out of the conntry, but as she could not read, could not say it was a true copy, any farther than hear say; she deposed she put down the day of its birth in her Common Prayer book, which was July 20, 1756.

Mr. Walker. I left this woman in the year 1756, in the country, she was then about six months gone with child: since I have been in London, I have had it more in my power to do for the child; I sent for it up to keep it as my own, as I thought it my duty so to do. I was by when Mr. Alderman Crosby examined the prisoner; there was but little said the first time, by reason we had not got the age of the child: then I wrote into the country for a copy of the register. On the second examination the prisoner equivocated, and said he should be glad to hear his first examination; then he did not deny the thing, he confessed he had had in some measure to do with the child; but as I am the prosecutor, I did not think I should be examined as an evidence; I came by the knowledge of it, by the nurse bringing the shift down to me in the bar, and said, O Lord, Sir, Phillis is ruined! she has either been concerned with a man, or you have given her some blow, her shift is as bad as if she had had the foul disease seven years; I was convinced upon seeing it, she had had to do with a man.

Prisoner's defence.

How is it possible to commit such an act in a public cellar, where are three waiters, and many going backwards and forwards, and her father was so impatient when she was out of the bar?

To his character.

Mary Freeborn . The prisoner lived with me between nine and ten months when I was a widow; I have two young daughters, I never saw no ill by him; he is a very honest young lad.

Q. How long is it since he lived with you?

M. Freeborn. It is near two years ago.

Hugh Macmann . I have known him about nine years; I never heard any ill of him in my life, but what was industrious and good; he had the best of characters I ever heard a poor boy have in my life time; he minded both God and his church every where.

Q. What church?

Macmann. The church of England.

Q. What are you, and where do you live?

Macmann. I am a salesman; I live within four doors of Holbourn, going out of Broad St. Giles's.

Paul Scandler . I have known him 12 years; he always had a good character in all shapes that ever I could hear.

Martin Kelly . I have known him about nine or ten years; I never heard any thing to his discredit in my life; I always imagined him to be a good christian and an honest man, he always minded his church.

Guilty . Death .

436. (M.) John Clark was indicted, together with Thomas Nicholson not taken, for feloniously and traiterously filing, altering, and colouring 20 halfpence to resemble and look like shillings, and for filing, altering, and colouring 20 farthings to resemble sixpences , June 14 . *

Ralph Pigg . I have known the prisoner twelve months last June; he and I were concerned in making bad money, that is, bad shillings and sixpences; we filed plain halfpence to the size of shillings, and farthings to that of sixpences; I have seen him file them in Thomas Nicholson 's room; after we filed them down, we coloured them over with burnt silver, put among aqua fortis, he lodged with Nicholson; after they were coloured over, we used to put them off; I was taken up for the same offence.

John Heley . I am a constable; there were two coaches coming together, I had Clark and Nicholson described to me; I saw the prisoner upon one of the coaches; while I was taking him Nicholson got down from the other coach and ran away; after that I went to Nicholson's lodgings in Horse-shoe-alley, Westminster, about the 20th of June, but could not meet with him.

Job Cowley. I have known the prisoner about nine or ten years, I knew Nicholson about eleven or twelve; I first knew Clark in Gibraltar, he belongs to the army, and has been in the same regiment within this twelve months; he and I had been at Bagshot at his mother's, and coming home he and I were taken, Nicholson got away; he and Nicholson had delivered a parcel of filed half-pence, about the size of shillings, at the prisoner's mother's; I was present part of the time they filed them down; when we were carried in at the Brown Bear , opposite Justice Fielding's, I laid them down in the box where I sat; I was sent to the Gatehouse, after which I made a discovery of this to Sir John Fielding .

Thomas Davis . I live at the Brown Bear , Bow-street, Covent-garden; I remember the prisoner and Cowley being brought to our house; Clark was searched before Sir John Fielding , and nothing found upon him. On the morrow morning I found 13 halfpence and one farthing, they were all filed plain, and less than the usual size of half-pence and farthings; they were bid behind the box, I delivered them to the care of my master; (produced in court.)

Cowley. These appear to be like them, they are about the size of them that I had.

There being nothing against the prisoner but the evidence of the accomplices, he was acquitted .

437, 438. (L.) Thomas Rushton was indicted for stealing four yards of buckram, four yards of glazed linen, and four yards of linen for pockets , the property of Philip Dobbins , and William Ashby for receiving the same, well knowing them to have been stolen , August 13 . ++

Philip Dobbins . I am a taylor , and live in Rood-lane, Fenchurch-street ; the prisoner Rushton was a turn-over to me; he had served five years of his time, and had been with me one month; while he was with me, I missed several things at different times; I was informed by Eliz. Fletcher, that he went out with his pockets stuffed out with things; I charged him upon that with taking out things my property; he owned he had taken some buckram, glazed linen, and pocketting, and afterwards he recollected the sum of money he had sold them for; after a great deal of consideration, he told me there were 11 yards of it all together, but he could not account for them separately.

Q. Did you tell him you would be favourable if he would confess?

Dobbins. No, I did not; I promised him nothing; I said, if he would tell, perhaps I might be favourable.

Q. What was that favour?

Dobbins. My favour was to know where the things were.

Q. What was the lad to understand from you by the word favourable?

Dobbins. The favour was, I had not given him in charge of the constable; this was to know who had been the buyer of the goods.

Q. Was your meaning, as soon as he confessed, you would put him into the hands of the constable and prosecute him?

Dobbins. No.

Elizabeth Fletcher . I am servant to Mr. Dobbins. On the 13th of August I watched the prisoner carrying things out, I did not know what they were, but I saw his pockets stand out, they were full of something; he used to go out with no money in his pocket, and come home with a great deal, which gave me a suspicion of him; he was gone out about an hour, and in the mean time the other apprentice came in; this was between 7 and 8 in the evening, when the other men were gone from work; the other apprentice and I, both of us charged him with taking something; he said he went for paper, but could not find a stationer's shop; we said he did not go out for paper, but to sell some of his master's goods; he denied it a good while, and at last he owned he had a quarter of a yard of buckram in each pocket; I said he had more, and at last he owned he had two yards and a half in the whole; we asked him what he did with it; he said he had carried it up into Newgate-street to his father, and that his father gave him 1 s. 9 d. to get some tea, and he had spent the money; I said his father was an unworthy man to take it of him; he said his father did not know that he stole it; then he said he had left it in Newgate-street for his father; the next morning when the constable was charged with him, I heard him confess to the taking it.

Theodore Johnson . I shall be 18 years of age the 13th of October next, I am apprentice to Mr. Dobbins; when I came home on the 13th of August, the maid told me she was afraid Tom was gone out with some things of my master's, and we consulted to talk to him; when he came home, she said, Tom, what was that you went out with in your coat lining; he said, nothing at all; said I, she says you went out with your pockets stuffed out; he said he would be d - d if he did; I said, you may as well own it if you did take any thing out; then he owned he had taken out buckram for his father; then I said, well, Tom, what did you do with it; said he, I carried it up to Newgate-street; I said, did your father desire you to rob my master; he said, no. I said, why did you carry it to Newgate-street, to whom did you carry it; he did not say to whom, but said his father had given him 1 s. 9 d. and he had spent it; he desired we would not say any thing to his master of it; I told my master of it the next morning as soon as he got up; when my master charged him, he swore at first he did not take any thing.

Q. Was you before the Alderman?

Johnson. I was; there he said he sold these goods to William Ashby , that is buckram, pocketting, and glazed linen, and that there were 11 yards of it all together, but he could not cleverly tell how much there was of each.

Q. Was William Ashby present?

Johnson. No, he was not; he said he could not tell the name of the man, but it was facing the Leather Breeches; I went there and saw Mr. Ashby, and said, my master desires to speak with you; after we came from the Mansion-house, we got a search warrant and went to Ashby's house, there the buckram, pocketting, and glazed linen were delivered to us, twelve yards of it; there I saw Mr. and Mrs. Ashby.

Q. What did he say?

Johnson. He said nothing, his wife spoke for him.

Q. What did she say?

Johnson. She had been at our house while we were gone to the Mansion-house; she said she spoke to her Billy about it, and desired my master to be as favourable as he could about it; she told my master they had it of Rushton, and that Rushton told them he came out of Holbourn; we asked Rushton how often he had been at Ashby's he said he had been there five times; the woman owned she saw him there twice; I was before Sir Thomas Rawlinson , when Ashby and Rushton were there; Rushton there owned to his being at Ashby's house five times; Ashby said he never saw him but about three times, and that he bought of him the three times for 8 s. and 2 s. and 5 s. 6 d. Rushton offered to take his oath he had been there five times.

Cross examination.

Q. What is Ashby?

Johnson. He is a piece-broker.

Q. Have you never been sent to buy of piece-brokers for your master?

Johnson. I have.

Q. What have you bought of them?

Johnson. I have bought pieces of cloth for seating of breeches.

Q. What time did Rushton say he sold these pieces?

Johnson. He said Mr. Ashby was shutting up shop, and he went in and pulled them out of his pockets, and I think no honest person will buy of such a one that brought them so.

Q. Did he not tell you Mrs. Ashby bought the things, and that he was busy at the time with his birds?

Johnson. No, he said Mrs. Ashby measured the pieces, and she came and asked what she must give; and he said, m y dear, you must give 8 d. a yard.

Q. Did not Mr. Ashby say, he thought Rushton came honestly by them?

Johnson. He did; he said he thought the lad came honestly by them.

Q. Did not Ashby insist upon it he bought them in his shop.

Johnson. He did; he said he came one night with some things, and said he was going into the country, and was willing to dispose of them, that was the first time; Ashby said that was the usual price, but he did not give to the rate of that, but I do not think it is usual to sell remnants of buckram to piece-brokers.

Eldrington Wood. I live in Poor-jury-lane; I was at the examination of the two prisoners; the boy made an open confession before the Alderman of the goods that he had sold to Ashby; he said he had sold 11 yards in the whole, that is, buckram, pocketting, and glazed linen.

Q. Did you hear him say where he had them from?

Wood. He owned he took them from Mr. Dobbins's house, and other quantities at separate times, and had sold them to Mr. Ashby for 22 shillings, and that he had been there in the whole 5 times; and that Mr. Ashby told him the last time, there were 12 yards odd measure, and said if he had any more of these things to come to him.

Q. What did Ashby say to it?

Wood. He denied it, and said Rushton had been there but three times; he owned he bought the buckram, pocketting, and glazed linen the night before, which was the 13th of August; I went there with the search warrant; the goods were taken down from a shelf by Mrs. Ashby, and delivered to us; she said, gentlemen, never such a thing happened before, here are the goods that I bought of the young man, and said her husband was shutting up the shutters, and she called to him to know what she must give for them, he said 8 d. a yard.

Q. What are you?

Wood. I am Mr. Dobbins's foreman.

Q. Did you ever see buckram disposed of to piece-brokers?

Wood. No, never in my life, not in remnants; they buy it in the piece, and sell it out as it is wanted; Ashby said he asked Rushton where he came from, and he answered he lived in Holbourn, and had a little trade of his own, and he bought the things for his own use; but being a little distressed for want of money, he having some things to send into the country, was obliged to dispose of these, but he denied his ever desiring him to bring more when he had it.

Cross examination.

Q. Have you never bought of piece-brokers?

Wood. I have bought remnants of cloth to seat breeches.

Q. Did he say any thing of a suspicion he had that they were not honestly come by?

Wood. He said, after the prisoner was gone the last time, he had a suspicion they were not honestly come by, after he came to look at them; and that if ever he came there again, he would stop him.

John Hazard . About three weeks ago I was at the Compter; I was acquainted with Mr. Ashby some time; I asked him concerning the nature of buying these goods; he told me he had seen the boy once before he bought the quantity he was taken up for.

Cross examination.

Q. Do you understand the piece-broking business?

Hazard. I do very well.

Q. Tell the court what you think a piece-broker can fairly and honestly afford to give for these goods?

Hazard. ( He takes the goods in his hand) I believe upon my oath, no man, in justice to the trade, could give more than what he has done, that is, 8 d. a yard.

Q. Did he always insist upon it, that he bought them not knowing them to have been stolen?

Hazard. He always did.

Q. Is it usual for master taylors to buy of piece-brokers?

Hazard. I believe there is not one master taylor in London but what buy of piece-brokers; they are under a necessity of buying of them.

Q. How long have you known Mr. Ashby?

Hazard. I have known him about 11 years; I have had dealings with him several times, and believe there is not an honester man under the canopy of heaven than he is, I am sure of it.

Q. What are you?

Hazard. I was brought up a woollen-draper and salesman, and was afterwards in the stop business.

Q. Do you deal in pieces and remnants of buckram?

Hazard. I do.

Q. Is it an uncommon thing for master taylors to sell remnants of buckram?

Hazard. It is not common, except upon necessity.

John Dove . I am a master taylor: I cannot buy such buckram (holding it in his hand) so cheap by 3 d. a yard now, nor no man in the trade; it is not usual for piece-brokers to buy such pieces, except they are stolen, that is fact; neither is it usual for taylors to sell pieces of buckram; the prime cost of this buckram was 10, or 11, or 11 d. halfpenny per yard at the best hand, by the piece; I never bought it so cheap in my life as this, though I have bought 40 pieces at a time, when it was cheaper than it is now: the piece-broker's trade is a very iniquitous trade, we have groaned under it for more than 100 years: some journeymen, whatever they can save, they will run away to the piece-brokers with it, even if it will fetch no more than a halfpenny-worth of snuff; I declare upon oath, I never sold or bought little pieces of buckram in my life.

Rushton's defence.

I made myself over to serve Mr. Dobbins for two years; when the agreement was made, my father told him not to let me have any money till my time was expired, and that drove me to this thing.

To his character.

Mrs. Branson. I live in Bear lane, Thames-street; I have known the prisoner Rushton ever since he was born; he was apprentice to his uncle, and behaved very honestly; he died, then he was turned over to this master.

Mrs. Collumbine. I have known him almost ever since he was born; I never knew or heard any harm of him; his father is a taylor, a poor working man.

William Grissel . I have known him about 6 or 7 years; I never heard any thing amiss of him.

Rushton, Guilty . B

Ashby, Acquitted .

439. (M.) Mary Knight , spinster , was indicted for stealing a diamond ring set in gold, value 2 l. 2 s. a pair of mouse shirt studs set in silver, value 15 s. one fancy Mocho ring set in gold, value 5 s. a two guinea piece, two linen caps, two garnet ear-rings set in gold, a pair of paste-shoe-buckles set in silver , the property of Robert Derry , July 30 . ++

Mary Derry . I am wife to Robert Derry . The prisoner was our servant ; I cleaned my buttons and put them into the case; there was a diamond ring, and the other things mentioned; she was in the room at the time; I put the case in my drawer, and locked my drawer; this was the very day the prisoner went away; I never missed them till the 3d of August; I know no body had been in the room but the prisoner; my husband went to see for her on the 4th, and brought her with him: she was charged with taking the things; she confessed she had taken them, and said she intended to bring them again when it was in her power; she took me to her lodgings in Stanhope-street, Clare-market, and delivered some of the things to me, After that, she was taken before Sir John Fielding , and owned she had the things out of my drawer; she denied taking the two guinea piece at first; she at last owned to the two guinea piece, and said she changed it at the corner of Berwick-street, when she bought an ounce of tea, but the people denied knowing any thing of it; I took her before Justice Fielding; there every thing was produced but the two guinea piece.

Christopher Curd . I had a diamond ring brought and pledged to me the 31st of July, by Mary Bready .

Mrs. Derry. Here is the duplicate which the prisoner delivered to me in her lodgings; (producing it) she owned she sent it by that woman.

Curd. This is the duplicate I delivered to the woman that brought the diamond ring.

William T. I live in Drury lane, and am a pawnbroker (he produced a pair of buckles, a pair of buttons, and a ring) these were brought and pledged to me by A Cartey in her own name, for her mistress, the 31st of July.

Mrs. Derry produced that pawnbroker's duplicate which she received from the prisoner at her lodgings.

The prisoner said nothing in her defence.

Guilty . T .

440. (M.) William Angels was indicted for stealing a silver watch, value 40 s. the property of Henry Farler , privately from his person , July 6 . ++

The prosecutor being a foreigner, an interpreter was sworn.

Henry Farler . I am a journeyman taylor , and lodge in Fleet-street; I went to St. James's in order to see his Majesty to go to the chapel royal; I was in a crowd just turning out of St. James's house , a little after eleven o'clock, on the 6th of July, I lost my watch; I know not who took it, I think I saw the prisoner there at the time, but cannot swear positively; I advertised it, and a pawnbroker brought it to Justice Fielding's.

Thomas Burch I am a pawnbroker, and live in Fox-court; on Monday morning the 7th of July, the prisoner brought this watch to me; I asked him if it was his own property, and by his behaviour I had no reason to doubt it; I lent him two guineas upon it; after that I read the Advertiser, the advertisement mentioned a green ribbon, but this is a white one, every thing else answers; I immediately went with it to Justice Fielding, and told him of it; he asked me if I knew the man, or if I had ever dealt with him before; I said I had not, but I should know him again: he was taken, and I saw him before Justice Girdler, and knew him again (the watch produced in court and deposed to by prosecutor.) When he brought it, I asked him where he lived; he said in Gray's-inn-lane; I mentioned that to Sir John, and I was told he was taken at the Queen's-head, very near Gray's-inn-lane.

Michael Ross , the interpreter. I made the watch for the prosecutor, and delivered it to him the Saturday before it was lost, I know it to be his property.

Prisoner's defence.

This watch I bought of a man at the Castle in Castle-yard, Holbourn, on Sunday evening between six and seven o'clock, the 6th of July; he said he was an ostler, and his father or mother was sick, and he was going down into the country, and must dispose of it for want of money; there was an acquaintance of mine in the room, he looked at it, and asked what the man asked for it; he said three guineas and an half; I had two guineas and an half of my own, and a guinea I borrowed of a friend; he wanting his guinea, I pawned it on the Monday morning for two guineas, in order to pay him again; I have my father's maid here, to prove I was in bed in my own house, I keep a house at the back of Baldwin's-gardens.

For the prisoner.

Mary Green. The prisoner is a shoemaker , he keeps a house on the corner of Baldwin's square. I am his mother's servant, she lives in Church-entry, Harp alley, by Fleet-ditch; I carried a bundle of linen to his house on Sunday the sixth of July, at near eleven o'clock, I saw the prisoner in bed; I waited for his going with me; he went with me to his father's betwixt one and two, so that I saw him that day from eleven o'clock till after one.

Q. to Burch. What day was the prisoner taken up?

Burch. He was taken up the 9th of July.

Q. to Green. When did you hear of his being taken up?

M. Green. I heard of his being taken up on the Thursday; I saw his mother in great grief before, and she would not tell me what was the matter.

Q. Was you sent for to Justice Girdler's?

M. Green. I was there.

Q. Did you tell the Justice that you saw him in bed the Sunday before at eleven o'clock?

M. Green. I did.

Q. Did you ever go to the Justice's at all?

M. Green. No answer.

Q. Where is the Justice's house?

M. Green. - I can't tell the exact spot of ground where his house is.

Q. Was you ever at his house?

M. Green. - I don't know.

Q. Then how came you tell me what you have now?

M. Green. No answer.

Q. Did you tell the Justice this story?

M. Green. - I don't know.

Q. How long have you lived with the prisoner's mother?

M. Green. About two years.

Q. On what account did you go to the prisoner's house?

M. Green. We washed the prisoner's cloaths, by reason the washerwoman was taken sick.

Q. Is he a married man?

M. Green. He has been married about six months.

Court. Now you can answer these two or three last questions, the jury cannot but take notice of your behaviour on some former questions.

Q. Did the prisoner dine that Sunday at his father's?

M. Green. He did; I don't know but he drank tea, for I was out at the time.

Q. Now tell me again whether you know Justice Girdler?

M. Green. - I cannot say whether I rightly know the gentleman.

Q. Do, or do you not know him?

M. Green. - I can't say I know him.

Q. Was you ever sent for to go to him?

M. Green. - His mother did not send for me till she could not help it.

Q. When did she break it out to you?

M. Green. I believe that was on the Thursday.

Q. Now tell me, and tell me the truth, did you ever go to Justice Girdler?

M. Green. I never did. - I went before a parcel of gentlemen, but I don't know whether it was Justice Girdler.

Q. When?

M. Green. - It was on Thursday.

Q. To what place?

M. Green. No answer.

William Angess . I live in Harp-alley, I am the prisoner's father; he dined with me on Sunday the 6th of July, he came before twelve o'clock.

Q. Was you at home?

W. Angess. I was, and he was with me till five in the afternoon; I did not know of his being taken up till the Thursday; he was in Clerkenwell-bridewell when I had the first account of him.

Thomas Marry . I am a writer to Mr. Parkinson, for attornies; I was in company with the prisoner that Sunday evening, I believe it was between seven and eight o'clock; I met him in Holbourn, and we went to drink together at the Castle in Castle-yard; we had been some time in the house, and there came in a young-fellow and sat down in the same box; after some time, he told us he had spent some money that he ought not to have done; he shewed me a letter, he was going to his father in the country, his father was sick; he shewed us a watch, and Mr. Angess looked at it, the young man offered it to sell; Mr. Angess asked him what the watch cost him; he said it cost five guineas, but he would sell it for four: Mr. Angess bid him three and a half; he put his hand in his pocket, and had but two guineas and a half; he asked me to lend him a guinea; I said I could, but I should want it again; I lent it him: he said there was some money owing him, and he would pay me the guinea on the Monday morning. I called upon him on the Monday morning, I believe about seven or eight o'clock; he was then in bed; he told me to call in about a couple of hours, and he would let me have the guinea; I called again about nine, or between nine and ten, and he gave me the guinea; he said he had pawned the watch.

Q. Did he tell you where he pawned it?

Murry. No, he did not. (A messenger is sent for Mr. Parkinson.)

Mr. Roberts. I am a shoemaker; I have known the prisoner about five or six years, he worked at his business for me.

Q. Do you know whether he has followed his business?

Roberts. I know before he married he did; I do not know that he does since; I heard he married a woman with some substance.

Q. What is his character?

Roberts. A very worthy sober fellow.

Sarah King . I have known him from his birth; I never knew nothing amiss of him in my life.

Q. to Burch. What time did the prisoner bring the watch to your shop?

Burch. He brought it about eleven o'clock on the Monday morning.

Q. What name did he pawn it in?

Burch. He pawned it in the name of William Angess .

Q. Was you before Justice Girdler when the prisoner was there?

Burch. I was.

Q. What did the prisoner say there?

Burch. He denied his ever pledging the watch to me; he denied knowing any thing about it.

Q. Was any thing mentioned there about his being at the Castle?

Burch. No, not a word.

Q. Was any mention made about his being in bed on the Sunday at eleven o'clock, or at his father's at the time the robbery was committed?

Burch. No, nothing about it.

Q. Did the prosecutor mention his being robbed of this watch in St. James's Park there, in the hearing of the prisoner?

Burch. He did the same as he has now.

Q. Do you think the prisoner heard the charge?

Burch. He did, and gave no answer to it. The Justice asked him what he had to say for himself; he strictly denied pawning the watch, or knowing any thing of it.

Q. Did he appear to be sober?

Burch. He did.

Q. Was he sober when he brought the watch to you?

Burch. He was very sober.

Q. to Ross. Was you at Justice Girdler's?

Ross. I was; the prosecutor told the same to Justice Girdler as he has here; the prisoner denied knowing any thing of the watch, he said nothing about being at the Castle, or being a bed, or at his father's, at the time of the robbery.

Mr. James Parkinson came into court and was sworn.

Q. to Mr. Parkinson. A circumstance in the prisoner's defence made it necessary to send for you. Do you know Thomas Murry , he says he writes for you?

Parkinson. He does.

Q. How long have you known him?

Parkinson. I have known him going on two years.

Q. Was he in your service about the 6th of July last?

Parkinson. He was.

Q. At that time was he in a situation in life to lend a sum of money?

Parkinson. I have no reason to believe he was; he might have money other ways for what I know; I allowed him a shilling a day, or four or five shillings on a Saturday night; that was a dead time of the year, when he was not in full employ; of ten or a dozen men, some I pay weekly, those that were economists; those that were not, had their money by the day.

Q. How had you use to pay Mr. Murry?

Parkinson. He used to spend his money; it struck me in that light to allow him his by the day.

Q. Have you any knowledge of his connections?

Parkinson. I am totally unacquainted with his connections.

Q. Has he any substantial relations or friends?

Parkinson. I can't recollect ever hearing him say he has any.

Guilty of stealing, but not privately, from the person . T .

441. (M.) Charles Pleasants was indicted for feloniously uttering, as true, a false, forged, and counterfeit promissory note, for payment of money, with the name John Meares thereunto subscribed, purporting to be a promissory note under the hand of the said John Meares , to this purport:

No 832. London, May 28, 1766.

"I promise to pay Charles Pleasants , Esq; or

"order, thirty-one days after date, 22 l. value

"received.

John Meares .

"To Messrs. Lee, Ayton and Co.

"bankers, Lombard-street"

With intent to defraud George Lee , Richard Ayton , and William Ayton , bankers and partners, against the form of the statute. It was laid over again, to be done with intent to defraud Thomas Kenderdine , June 2 .

No evidence given.

Acquitted .

442. (M.) Pearce John Anthony Chassereau was indicted for stealing seven silver tea-spoons, value 7 s. twenty garnets, value 10 s. a pair of garnet ear-rings, value 1 s. three pair of enamelled sleeve-buttons, four pair of stone sleeve-buttons, eighteen dozen of yellow crystals, and other things , the property of Charles Storey , August 12 . *

Mrs. Storey. I am wife to Charles Storey , he is a jeweller ; the prisoner was our apprentice : he asked leave to go to Sadler's Wells, he staid out all night; when he came home in the morning, I reproved him, and in the afternoon he got a porter to take away his box; I was not apprized of it till two hours and a half after, and did not know where to send after him till the Wednesday night; I having a suspicion of him, when I found where the box was, I sent to demand it; I got it and opened it, there I found these things (the things mentioned in the indictment, and others, produced in court.) They all belong to us; Mr. Storey was not at home at the time; we have since found there were such things missing.

Charles Storey . There was this quantity missing, I have found since by examining; we keep a shop in Sidney's-alley, Leicester-fields. I was on my journey to Edinburgh at the time the things were taken.

Mrs. Storey. I found the prisoner afterwards, and he owned to the taking the things.

Q. How do you know it was the prisoner's box?

Mrs. Storey. All his cloaths were in it.

Prisoner's defence.

I was going to West-Florida.

Guilty . T .

443. (M.) Andrew Ross was indicted, for that he, together with Joshua Wells , for stealing a silver cream-pot, value 10 s. four silver table-spoons, two silver salt-shovels, three silver tea-spoons, one silver waiter, one silver soup-spoon, two silver cups, and a cloth great coat , the property of Elizabeth Towrey , widow , Jan. 29 . *

For want of room, see the trial of Joshua Wells , who was cost for transportation for the same, No 171. in this mayoralty.

Acquitted .

444 (M.) John Lormont was indicted, together with William Goldsbury , not taken, for breaking and entering the dwelling house of George Tisdale , on the 20th of August , about the hour of two in the night, and stealing two silk handkerchiefs, value 12 d forty-six shirts, value 23 l. three linen shifts, value 30 s. one linen gown, value 2 s. three linen waistcoats, three pair of worsted stockings, six pair of shift-sleeves, and one steel tobacco-box, the property of Mary Tisdale , spinster , in the dwelling house of the said George . *

Mary Tisdale . I am daughter to George Tisdale , and live in his house in Milford-lane , he keeps a cook's-shop ; when we went to bed on the 20th of August, all the doors and windows were fast, and in the morning we found a window broke in the back part of the house; it was belonging to the room where the linen was; the linen and things mentioned in the indictment were taken away; I had them to wash for several gentlemen.

Q. Did you ever meet with any of them again?

M. Tisdale. They were found at Duck-lane, Westminster, by Justice Manley; we heard of their being found the next morning. The two back doors and window were left open in the morning.

Q. Did you know the prisoner before?

M. Tisdale. I have seen him at my shop.

James Brown . Justice Manley called upon me, and said he had information of some linen that was stolen, and desired me to go with him; there we found shirts, stockings, aprons, and several things, at the lodgings of a soldier, named William Goldsbury , in Duck-lane.

Q. Was you before Sir John Fielding when the prisoner was there?

Brown. I was; there he said the bundle was given him by a woman near Somerset-house to carry as a porter.

John Pugh . I am a watchman in Dartmouth-street; I saw the prisoner coming with a basket full of linen, on Thursday the 21st of August, between one and two in the morning; he had a handkerchief in his hand, I believe it was this (producing a silk handkerchief.)

M. Tisdale. This is my handkerchief; this was missing with the rest of the things.

Pugh. When the prisoner came up to me, he said, good-morrow to you, watchman; do you know such a place as Stretton-ground, Westminster; I said, very well; said he, do you know Justice Manley; I said, very well, he said he should be much obliged to me if I would direct him his way, for that linen he had got belonged to him, and the laundress was in trouble, and she employed him to carry the linen home. I said, you are heavy loaded; I said, it is a strange thing, as you are a soldier, you do not know Westminster better; said he, I am a young soldier, and affected a country dialct; I had a suspicion of him, but thought I could not secure both him and the goods, so I directed him by the Broadway, and I went the other, intending to get another watchman to assist me: I hastened down Dartmouth-street, and asked a watchman, named Gregory, if he saw such a man go by; he said he did, and he asked the way to Stretton-ground; I said, let us go as far as Justice Manley's; he could not go, so I went by myself, but the prisoner was housed before I got there. I came back, and in an hour's time who should come by but the prisoner; he said, a good-morrow to you, watchman, I found it out very well; did you see Justice Manley, said I; no, said he, I did not, but I took a little watchman to go along with me that was at the chapel; I knew that to be a lye, for that watchman went part of the way in pursuit of him; then I was determined to take him; I said I would take a walk along with him to my brother watchman's stand, and get a bit of tobacco, for it was cold; he said he would give me part of a pint of beer if any house was open; I said I know a house open, meaning the watch-house; we went on, and just by my comrade's watch-box I seized him, and said, you are my prisoner; he went directly on his knees, and said, pray let me go; the other watchman took hold of him, and we carried him to the watch-house; then he said, here is a shilling for you to let me go, that will do you more service than to take me up, and forced it into my hand; I said I should keep him; then he said he would have his shilling again; I said so he should, but I should make use of it as evidence against him first; he made two struggles to get from us; they did not care to take charge of him at the watch-house, because I did not bring the goods as well as the prisoner; I said, there is a handkerchief in his pocket; he took it out and threw it on the table, and confessed the things were stolen, but said they were not stolen by him, but by another person; the next morning he was carried before a magistrate, and committed to the Gatehouse.

Jane Langham . On the 21st of August I lodged at Mr. Waters's in Westminster; Goldsbury's wife asked me to go and pawn some of the things for half a guinea; she said they belonged to a gentleman that she washed for; I carried some, and when I came back again, she and her husband were run away. I had seen the things in their lodgings that morning, but did not know how they came by them.

Martha Barker. I lodge in Duck-lane, at the house of Mr. Medley a house-broker, the same house that Goldsbury lodged in; I heard a man call Goldsbury, in the morning on the end of last month, and Mrs. Goldsbury said, I am coming.

Q. What time was this?

M. Barker. I believe it was between twelve and one; she went down and let the man in, and they both went up stairs together, he was above about ten minutes; then he went down and went out; I did not see the man, I was in bed.

Thomas Moloye . I am a watchman; I assisted Mr. Pugh in taking the prisoner; all that Pugh has said is every word of it true; the prisoner offered us a shilling to let him get away, and down on his knees, and held up his hands, and begged to be let go.

Q. Whereabouts is Duck-lane?

Moloye. That is next to Stretton-ground.

Prisoner's defence.

On the Wednesday night I was drinking at the Black-horse between twelve and one; coming by Somerset-house, I met Goldsbury and another accomplice, they were pretty much in a fluster; he said to me, where are you going: I said, home to bed; said he, I will give you a shilling if you will take these things up to my house; said I, how did you come by them; said he, they are things my wife had to do something to; they were covered over: I took them up, with a handkerchief full of things, and carried them to his house; he was at home before me; I asked for a shirt of my washerwoman; she let me have one of her own, and bid me wear it till I came again; I never was in such a hobble in my life.

Guilty of felony only . T .

445. (M.) James Murrey was indicted, for that he, with a certain pistol, loaded with gun-powder and leaden shot, which he had, and held in his right hand, did shoot off and discharge at and against Dorothy, wife of John Bourne , with intent the said Dorothy to kill and murder , July 4 . ++

(At the desire of the prisoner the witnesses were examined apart.)

Dorothy Bourne . My husband John Bourne keeps the Fourteen Stars in Rosemary-lane , a public-house; I had forbid the prisoner my house, in May last was twelve months, on account of his using a gentleman; he swore he would be revenged of me

Q. What were the words he make use of?

D. Bourne. The ex were at he would come all the jury next door to us. On the 4th of July I was siting in my back kitchen; his back place comes up to mine; Elizabeth Carter was by the face of the window, which was open; this was between three and four in the afternoon; I heard a great discharge of a pistol at my back; we were both terribly frighted; I looked out and saw the prisoner creeping, pait bent, in at his own back door.

Q. Did you see a pistol?

D. Bourne. I did not, it sounded like a fowling-piece or a pistol; I ordered the maid to get me some tea, I was afraid I should have had a fit; my husband observing me to shake terribly, said he was afraid I was very bad; immediately I saw a fire flounce by me; I was greatly affrighted; it was eight weeks before I was capable of doing any thing after this; there were marks on the wall within-side; the very house-shook on this second firing; I was carried out of the room very bad.

Q. Have you any reason to believe any of these discharges were intended to hurt you?

D. Bourne. Yes, I have, from his always saying he would be revenged of me, and he would be the ruin of me.

Q. Did he use to fire his pistol before that time?

D. Bourne. I never heard the report of a pistol there before that; he only came out of his door, and put out his pistol; it is right to my window.

Q. Could he reach your window with his hand?

D. Bourne. He could not, was he to stand upon a stool.

Q. Could he see you in the room from his yard?

D. Bourne. He could, from one part of it; my husband said to him, on his first firing, Mr. Murrey, you have murdered my wife, and upon your peril fire another if you dare; he let off several after that, but I cannot say how many.

Elizabeth Carter . I have known the prisoner five years, he lives next door to Mr. Bourne; I was with Mrs. Bourne that afternoon; about three o'clock I heard a pistol go off; it gave us very great shocks; Mrs. Bourne was ready to saint away. Soon after that, another went off very loud; she got up; I did not know whether she was shot or not; she fell against the dresser, and shrieked out: I ran to the window and said, you good for nothing thief taking rogue, Mr. Lee is not here; (that is the gentleman he used ill before;) you need not want to kill us; he was then standing by his own door.

Q. How long might it be betwixt the first and second firing?

E. Carter. It might be about half an hour; there were five firings; at the third I saw the flash; Mrs. Bourne was then just coming out of a sit; after the fifth firing, there came a great many people in, and a constable was sent for.

Q. How much time might these five firings take up?

E. Carter. It might take up three quarters of an hour.

Mary Waley . I was cleaning the club-room on the 4th of July; there was a pistol went off at me; I was sadly affrighted; I went into the other room to recover myself; he came out and said, I'll kill the whores, or blow their brains out.

Q. What time was this?

M. Waley. This might be about four in the afternoon; I found my mistress was sadly affrighted; she ordered me to put the tea-kettle on; I was on the stairs, when another firing went off; she took a cup, and then in came another firing like that; she flew from her chair, and fell down, and screamed out, and went into a fit; I held her, and she bit at me like a mad dog; I was not myself for several days after this; this was on the Friday, and on the Saturday I saw little marks like shot-holes in the room over-right the window; I saw a pistol in the prisoner's hand after the second firing; as soon as my mistress was coming to her senses, my master went out, and said, pray, Mr. Murrey, do not fire, for my wife is sadly affrighted.

Q. How many firings did you hear?

M. Waley. I heard five in all; I was sent into the club-room to see where the firing came from; I saw him point in at the window; I spoke to him; he said he would blow my brains out; he fired all but one into the kitchen, the other he fired at me; and when he saw my mistress in fits, he stood and made game at her.

Mary Wells . On the 4th of June I came into the lane to buy goods to carry into the country; Mr. Murrey came up to me with a small pistol in his hand, this was betwixt one and two o'clock; he pronounced many bad words; he went away, and came again in about a quarter of an hour, and said, he had been and bought a pound of powder and half a pound of shot, and I will go now and execute the b - h. In less than a minute I heard the report of a pistol go off; presently after that another; then I heard the most dismal shrieks I ever heard in my life; to the best of my knowledge I heard three of four firings.

Cross Examination.

Q. What did you think he meant by executing the b - h?

M. Wells. I understood it to be Mrs. Bourne.

Q. Did you tell Mrs. Bourne of it?

M. Wells. No, I did not; I was advised not to go out, because the prisoner has threatened my life many a time; I was much affrighted, and was forced to go home in a coa.

John Bourne . I am husband to Dorothy Bourne ; after the prisoner had fired two or three times, I said he had taken my wife's life away, he had no occasion to fire any more; I was drinking tea with her up one pair of stairs; he fired at the window; I said, forbear, pray; I cannot say where I was when I heard the first firing; my window was open; I saw him one of the times pull out the pistol, and point it towards my window, and my wife was about a yard from it.

Q. Could he see who was in the room?

J. Bourne. No, I believe he could not; when he fired it that time, my wife fell back; after I had desired him not to fire no more, and told him what he had done in affrighting my wife, he fired again, as my wife was screaming and crying; the smoak and fire, and whatever there was, came into the room.

Q. How many times did he fire?

J. Bourne. In all I believe he fired five or six times; there are dents in the wainscot to be seen.

Prisoner's defence.

I was firing at a mark

Acquitted .

446. (L.) James Kingston was indicted for stealing seven pennyweights of silver, being part of a buckle rim, value 18 d. the property of Simon Hughes , July 10 . ++

Simon Hughes . I am a silver smith , and live in Butcher-hall-lane. On the 9th of July I sold six pair of silver salts to Mr. Stevenson, and the nature of our trade is to give old silver in exchange for new, in payment; it weighed 25 ounces; I carried it up stairs, and locked it up; the next morning I brought it down into the shop in order to work it up, and Mr. Stevenson sent for me; I went; he asked me if I had lost any; he shewed me this half rim of a buckle, and asked me if I knew it; I said I did, and could be upon my oath it was my property; we got a warrant, and went and took the prisoner's brother and the prisoner's wife up; we asked them how they came by it; they said they found it in Ludgate-street; then we came to my shop, and took the prisoner up, and asked him if he knew any thing of that piece of a buckle; he said he did not.

Q. What is the prisoner?

Hughes. He was my journeyman , and had been for about ten months; the constable told him he had better confess, that it would be the better for him; then he confessed he took it from off my counter; upon that he was committed; this was the next morning after I received the 25 ounces, and I am certain this piece of buckle was among it; it was the only piece of buckle there was in the parcel; (produced and deposed to.)

Benjamin Stevenson . I am a goldsmith, and live in Fleet-street; I paid Mr. Hughes in old silver; I knew this piece of buckle rim, I was in possession of it before I parted with the old silver; I have the other part of it new in my shop, but I cannot recollect I paid this piece in part with the rest; the prisoner's wife came and offered this piece to me to sell on the 10th of July; she said her brother found it at Islington the Sunday before; I remembered it as soon as she brought it in; I stopped her, and went with her to her brother; she told me he lived in Water-lane; he was not then to be found; after that, I rec ollected I had paid some old silver to Mr. Hughes; I sent for him, and asked him whether he weighed his silver when he got home; he said he did, and it answered to the weight; I shewed him the piece of buckle, he said he particularly remembered it, and upon enquiring if any of his people had any relations in Water-lane, he said, one of his men was married and lived there; we first took up the prisoner's wife and brother, and afterwards him; at first he denied it, and at last he said he did take it.

Prisoner's defence.

I found that piece of buckle, when I went home to breakfast by my master's door; I gave it my wife, and bid her go and sell it to Mr. Stevenson.

To his character.

John Foy . I am a baker, and live in Shoe-lane; I have known him about 7 years; I never heard any thing of him but that of an honest man till this.

William Seers . I live in Crown-court, Fleet-street, and am a publican; the prisoner lodged with me two years and a half before I was in this business, then I left my house to him; I never saw no harm of him; I always heard a good character of him.

John Sarney . I am a goldsmith in Gutter-lane; I have known him about two years; I worked journey work where he did; I never heard but that he was a very honest man.

Mary Chitham . I live in Water-lane, Fleet-street; I always took the prisoner to be a very honest man till this time; I have had transactions with him; he acted honestly by me; I took a shop of him, and gave him a note of hand; there was a mistake in our account, I paid him too much, he honestly returned the money.

William Boddington . I am a baker; I have known him about four years; I never heard but that he was a very honest young man till this affair.

Sandal Rushforth. I live in Goldsmith's-hall, Foster-lane; he always had a very honest character for whatever I heard.

Q. to prosecutor. Did the prisoner know the salts were for Mr. Stevenson.

Prosecutor. I do not believe he did.

Prisoner. I have worked night and day to serve my master, and worked hard to get them salts done for Mr. Stevenson.

Prosecutor. He was very diligent; he has a wife and three small children, and his wife not three months to go.

Q. What can he get a week?

Prosecutor. He can get a guinea a week.

Acquitted .

447. (L.) James Newman was indicted for stealing 37 planes, five saws, an oil-stone, and a hammer, the property of John Duck ; seven chisels, a wooden stock, a hammer, and a pair of pincers , the property of John Frith , June 27 . ++

John Duck . I live in the passage going out of Butcherhall-lane into Little Britain. On the 27th of June in the morning, I went up into my shop and missed several tools; some time afterwards there was an advertisement of these tools being at a broker's shop in St. Giles's; I went and found them to be my property; the broker said he knew the person of whom he bought them; we went before Justice Welch, and he granted a warrant to take up the prisoner: I never saw the prisoner before he was taken.

John Frith . I am journeyman to John Duck . On the 28th of June in the morning, I saw three saws lying on the top of a book-case, that I was finishing; after that I saw a ripping chisel of mine that had not seen light a great while; then I went to my own bench, and saw three moulding planes lie there; then I went to my chest and found it open, and missed my planes, chisels, and other things; I found them again at Mr. Pickering's, a broker in St. Giles's; he advertised them.

Thomas Pickering . I am a broker, and live in St. Giles's; I also keep a pawnbroker's shop; the prisoner came to my house the Thursday before the 27th of June; he asked me if I would buy some carpenters tools; I said I would, if I could get any thing by them; (I am a bricklayer by trade) he said his wife was dead, and his uncle had sent for him into the country; he brought two bags full, and six saws, on the 27th, (three saws produced in court) these are three of them; he asked 11 s. for four, I did not chuse to buy them; he went out of the shop, and left his bag in the shop; he told me he could sell them for more money than I would give for them, where he worked; he went out; I followed him unknown to him in the street; I attacked him by Berkley square, and said, I am afraid you do not come honestly by these things; he took me to his own father in Mount-street; his father said the saws were the prisoner's own; I said, I'll take the four saws and go to the shop you mentioned in Tyburn-road, and if they know any thing of them, I'll buy them; he was to follow me, but I could find no such carpenter's shop there, as he had mentioned to me; then I went to Justice Welch, and had the things advertised, and on the Monday morning Mr. Duck came and owned them; here is his name upon them; after that, the prisoner was taken in Smithfield by the description I gave of him; I believe there is a gang of them: (the other tools produced and deposed to by the respective owners.)

Prisoner's defence.

I never was in the shop in my life; I had an action out against me, and was obliged to go to the other end of the town; I met a man with these things on his back; I asked him if he could help me to a job; he desired me to carry them tools for him, and he would do what he could to help me to business; we stopped to have some lop in Holbourn, and while we were there he left me with all these things.

Guilty . T .

448. (L) William Simpson , otherwise Brook Simpson , was indicted, for that he, on the 5th of January, in the 4th year of his present Majesty's reign, did marry Judith Lawrence , widow ; and after that, to wit, on the 26th of May , in the 5th year of his Majesty's reign, did marry Mary Carr , spinster , his former wife being then living and in full life . ++

William Swanack . I am parish clerk of St. Paul's, Covent-garden; (he produced the original register-book of marriages, wherein it appeared that William Simpson , butcher, and Judith Lawrence , were married January 5th, 1764, by Ezekiel Rouse , assistant curate.

Oliver Carr . I have seen the prisoner write several times; (he looks in the book) the prisoner's name here, is his own hand writing.

William Wallace . I know the prisoner, and his wife Judith Lawrence that was; she is my own sister; I saw them married: they lived together at my father's house near three months after.

Richard Perry . I am the parish-clerk of St. Andrew, Holbourn; (he produced the original register-book of marriages, wherein it appeared that William Brook Simpson and Mary Carr , spinster, were married May the 26th, 1765.

Prisoner. I acknowledge my marriage to Mary Carr .

Guilty . B .

449. (L.) William Shakespear was indicted for stealing a handkerchief, value 2 s. the property of James Walding , July 31 . ++

James Walding . I am a seaman ; as I was coming along by Shoe-lane end , almost a month ago, between nine and ten at night, two men came out of Shoe-lane, the prisoner being one of them, walked along the left side me; I saw a hand in my pocket; I turned round and catched him by the collar; I took his hand and my handkerchief in it out, and turned my pocket inside out; by so doing, I said, good man, give me my handkerchief and I'll let you go; a man coming by said, give him his handkerchief and he'll let you go; he said he did not put his hand in my pocket; upon that I carried him to the Round-house, and delivered him to the care of the constable; there was his comrade close by him when I said, give me my handkerchief; he made off; the prisoner dropped a blue handkerchief, but that was not mine; I had used mine but a little before.

David Evans . I was coming from my work that night down Holbourn-hill; I met the prosecutor, the prisoner was by his side; I saw his hand in the prosecutor's pocket; I passed by them, and upon hearing him call out, good man give me my handkerchief, I turned round, and they were collaring each other; there was another man with the prisoner; they dropped a blue and white spotted one; I took it up and gave it to the Black, (that is the prosecutor) he would not own it; I saw the prisoner's companion going over the way, I did not go after him.

Prisoner's defence.

Coming up Holbourn hill the prosecutor turned round, and said his pocket was picked; this other gentleman said he saw my hand in his pocket, that is very false; they took me into the watch-house, I desired them to search me; the prosecutor said, if I would give him half a crown he would not appear against me; he said he gave a gentleman 3 s. 6 d. a day to come and appear against me.

Q. Did you ever offer as the prisoner has said?

Prosecutor. No, I never did; they came to me at Esquire Walker's, where my wife is now, to make it up, and I said I would not make it up, till I know what footing I was upon; I have attended here these four days, and his friends almost tore me to pieces in the Sessions-house yard; I was forced to confine myself in the alehouse.

Q. What are you on board a ship?

Walding. I am cook on board a merchant ship; I lost several things by pickpockets; I lost a pair of shoes last year on Tower-hill, and I always said, the first I catch I'll hold fast.

For the prisoner.

Elizabeth Pitman . I live at Mr. Downing's in Fleet-street; the prisoner's sister desired me to go to the Esquire's house where the prosecutor's wife lives; I said the prisoner was my brother, but he is not.

Court. So then you have the confidence to come here to give an account you wanted to compound a felony.

Abraham Doyle . I am a waiter at the Shakespear's-head.

Q. Is not that a bawdy-house?

Doyle. People say so.

Court. A remarkable gentleman; you need say no more.

Guilty T .

450. (L.) George Innes was indicted for stealing a crown-piece , the money of John Davidson , July 20 . ++

John Davidson . I live with Mr. Gaul in Lombard-street . On the 20th of July the prisoner asked me to lend him a pair of silver buckles; he had come with his master to lodge in the house but on the Friday, and it was the Sunday after he wanted to borrow my buckles; I was busy below, and could not get up stairs for my buckles, which were in a box, so I gave him the key to go and fetch them, and about two o'clock I missed a crown piece out of the box; I did not tell any body of it till he came home, which was about nine; I called him into his master's room, and said, George, did you take a crown piece out of the box; no, said he; I said, if you have done it out of a joke, let me know and I will not tell any body; he said he did not take it; I said, if you will not tell, I'll let your master know; he said, so I might: on the Monday morning I told one of our men, and he told my master of it; my master called the prisoner into a room and asked him after it; he still denied it, till within about a quarter of an hour before his master came in, which was at half an hour after eleven; then he told my master he had taken it, and begged forgiveness; he said he had changed it at the other end of the town, and he would go and fetch it back: on the Tuesday about one o'clock, he asked me to get my master to lend him 5 s. to fetch it back; my master said if he wanted any money, to come and ask for it himself; he went and asked my master, and he lent him 5 s. he went out to fetch my crown piece, and did not come home again till the Thursday after; then he came and staid at the Mansion-house; a man stood there with him, and another man came with a letter to my master; the letter he said came from his mistress, for some shirts and things that were at our house; my master said, nothing shall go out of the house till the prisoner came himself; he did not come; a woman that washes for us saw him, she directed me; I went, and saw him and another man standing by the corner of the Mansion-house; he seeing me, ran away. On the Tuesday he sent a letter by two boys again; one of them said, we had better tell where he is; my master sent for a constable, and kept the biggest in the house, while the other went with the constable to St. Paul's Church-yard; they brought him to the Compter; he confessed to the taking my money, and he was taken the next day before Mr. Alderman Alsop, before whom he confessed the same.

Mr. Gaul. The prosecutor is my servant. On the Monday one of my men said, he did not like this black boy, the prisoner; for that Davidson had missed a crown piece out of his box, and he was crying; I asked him the reason of it; he said he had lost a crown piece, and he was afraid of acquainting me with it; he said it was left him at his mother's death, and all she could leave him, and he had a particular regard for it; then I called down the black boy from his master's room; my boy challenged him with taking it; the Black said, do you talk so to me, how dare you; I said, if you have done it in a joke, return it; he answered, he had it not, and he that took it ought to be hanged; he was to learn to dress his master's hair of me, but he was very negligent; he stood it out till was it pretty late; I threatened to send him to the Compter; then he said, Mr. Gaul, I did take it, and changed it at Hyde-park-corner, and if you will forgive me, and not tell my master, I'll get it back tomorrow; the next morning he asked his master for some money, his master happened to have no change; then he asked my boy to ask me to lend him a crown to get it again; then he came himself; I said I could not trust him; he said, if I would believe him, as he was a Christian, I will bring the crown piece back; I lent him 5 s. he went away, and I did not see him for a week or nine days after; he kept sending false letters for me to deliver up his cloaths; after he found his master was gone to Scotland, he sent two boys; I threatened to send for a constable, then they told where he was; we took him in St. Paul's Churchyard; he was taken before Mr. Alderman Alsop, there he confessed the fact, and I was bound over to prosecute.

Prisoner's defence.

On a Sunday morning I asked the boy to lend me his buckles; he gave me the key; I took the buckles that lay in one corner; I never moved any thing; I brought him down the key and went out, and when I came home at night, he challenged me with a crown piece; he told his master, and his master told me of it; I said I knew nothing of it; his master said he would confine me; he charged the watch with me, and put me in bodily fear.

Guilty . T .

451. (L.) John Webb was indicted for stealing a silver mug, value 3 l. the property of Samuel Holme , June 16 . ++

Elizabeth Holme . I am wife to Samuel Holme ; we keep the Queen's-head, Leadenhall-market , a public-house . On the 16th of June the prisoner came into our house, between 8 and 9 o'clock in the evening, and called for a pint of beer; he had it in a silver mug; he staid about half an hour, drank part of the beer and paid for it, and said to a young man that lodged in my house, here is a little beer, and gave it to him; then he bade us a good night, and went away; he came in again in about half an hour after, and called for another pint of beer, and he was served again with the same silver mug; he called for a paper of tobacco and a pipe; I was in the kitchen, and he in the fore room, called the tap room: he sent a shilling in to change; I sent out change; he went away; I put by the plate as usual, and went to bed, and the next morning I got up at five o'clock, and brought the plate down with me; a master butcher came in and called for six-pennyworth of bumbo; I went and made it, and brought it forward, and before I put it out of my hand, I said to the servant that was up with me, somebody has changed my mug; they have left a pewter one, and taken away my silver one; I said to the person the bumbo was for, somebody has put a trick upon me, but I know who changed it, it must be the man that was here last night; there was one John Taylor in the house at the time the prisoner was, that said he should know him from an hundred people, and he would lay hold of him wherever he met him. In about a fortnight after, that young man met him in Newgate-street, and brought him to me; I said, you are the young man that have got my mug; he said I am he, and for God's sake have mercy on me. I asked him what he did for his living; he said he was a barber, and he had been out of business, and poverty had induced him to do the thing. I asked him where my mug was; if you'll let me have my mug, I'll make it as easy as I can; he told me he had sold it to Mr. Popard in Smock-alley; I said I would go there and hear what he said; I went there, and said to Mr. Popard, was there not such a sort of a young man came and sold you a silver mug: he said he did not know, he might for what he knew; I told him I had the man in hold; that he had changed a bad one for it at-my house; I desired him to let me have my mug, and I would make it as easy as I could; he said his shop was his market, and he did not know but that he had bought it; he seemed to give himself no trouble about it: then I came back, and told the prisoner what he said; in the mean time the prisoner's mother went to Mr. Popard, but she came away as she went: the prisoner was committed to the Compter; the mother promised she would send the mug, which she did by the prisoner's brother-in-law, I was in bed when it came; (two mugs produced in court, one silver, the other French plate, both of one pattern; she takes up that of French plate) this is the mug the prisoner left at my house, as to the other, it may be that which was taken away of mine; but if it is, the name is taken out.

Mrs. Popard. There were letters upon the mug, but we had them taken out to make it saleable.

Prisoner's defence.

This metal mug was my mother's property, she made me a present of it; I called at this house and drank two or three pints of beer; I had mine under my arm; when I drank my beer, I set it down upon the table; when I went away, I by mistake took the wrong, thinking it was mine; I went and sold it to Mr. Popard.

To his character.

Robert Greenaway . I am a cheesemonger, and live in Spitalfields: I have known the prisoner three years, he has been a waiter at several places; I never heard any thing amiss of him before this.

Peter Siden . I live in Whitechapel, I am a callico-glazer; I have known him about five or six years; I married his own sister; he is a very honest man.

Q. Did you ever see this base metal mug at his mother's house?

Siden. No, I never did.

Jane Thompson . My husband is a cheesemonger; I have known him 12 years; I never heard any harm of him in my life.

Jane Rice . I have known him about 11 years; I never heard of any ill laid to his charge before this.

Anne French . I live in Court-street; I knew him all the time he was apprentice; I never knew any ill against him before this.

Guilty . T .

452. (L.) William Burgis was indicted for stealing a silk handkerchief, value 10 d. the property of Robert Gapper , July 23 . ++

Robert Gapper . I think it was the 23d of July, about four o'clock in the afternoon, I was going up Shoe-lane through a little alley that leads into Gough-square , Thomas Hookman came up to me, and said, Sir, I believe you have lost something, please to put your hand in your left side pocket; I did, and found I had lost a silk handkerchief; he saw two fellows follow me up the court, and he knew which way they were gone, if I had a mind to detect them, he believed we might take them; he saw one of them take my handkerchief; we pursued and took the prisoner, the other ran away. I never got my handkerchief again.

Thomas Hookham . On Wednesday the 23d of July, I was going from Gough-square to the Fleet-market; this gentleman was coming up Harp-alley, and the prisoner and another young fellow following him; just as we came to meet at the top of the alley, the prisoner snatched a handkerchief out of the gentleman's pocket; I stood still till they passed me; then they two walked towards Fleet-street; then they turned back and went towards Holbourn, both close together; they seemed to juggle the handkerchief between them; I stepped after the prosecutor, and asked him if he had lost any thing; he put his hand in his pocket, and said he missed his handkerchief; we went in pursuit of the two men; they had turned down towards the Fleet-market again, through another alley; we went down after them; just at the bottom of the alley they came by again, from towards Holbourn; I said these are the fellows, and laid hold of the prisoner and charged him; he slipped from me and got away, and turned up the alley, and a man that I had enquired after them of, met him, and catched him in his arms; we took him to a constable; we did not find the handkerchief upon him, but at the Mansion-house, before Sir Richard Glyn , he confessed the other fellow took it a little way out of the prosecutor's pocket; then he, the prisoner, took it quite out, and gave it to the other man, who got off with it.

Prisoner's defence.

These two men said they would give me 1 s. if I would tell what I did; they said, can't you say so, there is no harm in that; they urged me, and at last I owned the other took it out a little way, then I took it quite out; I am a haymaker, and had been at work at Hornsey; I had been over the water to see if all the hay was got in; coming back, near Shoe-lane, I saw a man running as if he would break his neck; they never ran after him, but took hold of me.

Guilty . T .

453. (L.) Joseph Fletcher was indicted for stealing nine sheep's kidneys, with the fat thereto belonging, value 3 s. the property of Simon Hildyard , August 24 . ++

James Green . I am a journeyman butcher. On the 24th of August, between eleven and twelve at night, I saw the prisoner under the gate-way in Aldgate High-street, facing the Three Nuns , taking away the kidneys and fat from some sheep's carcases that were hanging there; I saw him give them to his confederates; there were two men with him; I secured him, the others got away.

Q. What was your business there at that time?

Green. I was upon the watch; there were nine kidneys and fat missing.

Q. Did you find any upon the prisoner?

Green. No.

Q. What did the prisoner say for himself?

Green. He said he had been in London but three days.

Q. Did you ever find the kidneys again?

Green. No; he owned he took them, and that they were buried in the ground.

Prisoner's defence.

I know nothing at all about the things: I was coming out of a public-house going home, and that man laid hold of me and charged me; there was nobody along with me.

Acquitted .

454. (L.) John Davis was indicted for stealing a kit of pickled salmon weighing 48 pounds. value 6 s. the property of Shadrack Waters , July 25 . ++

Shadrack Waters. I live in Love-lane, near Billingsgate. On the 25th of July I left two kits of salmon on a form, at the corner of Billingsgate , while I went home to get a little victuals, and one of them was taken away when I returned; then I lived in Moorfields, but am since removed.

Q. Did you find it again?

Waters. When I returned I found it down in my cellar, and the prisoner was in custody.

John Masheda . I was leaning over a kit of salmon, being desired to give an eye to these for the prosecutor, I saw the prisoner take one of his kits and walk round the corner with it to Dark-house-lane; he went down the lane as far as the Green Man; then he turned back again, and went down Thames-street with it; I went and took hold of him, near the stationer's shop; I brought the kit back to its place, and took him before a magistrate, and he was committed.

Prisoner's defence.

A woman told me she would give me a groat to carry it into the Borough, but when she found there were a parcel of people got together about me, she got away.

Guilty . T .

455. (M.) Jane Gardiner , spinster , was indicted for stealing two guineas, one eighteen shilling piece, two half guineas, one quarter guinea, the property of Edward Evans , privately from his person . July 17 . ++

Edward Evans . I live in Spitalfields; I was got a little in liquor, and picked up the prisoner in Church-lane ; she took me up stairs at a person's house there, we went to bed together; I don't think we were in bed ten minutes; she got out of bed, and my breeches lay at the foot of the bed, and my money, the same as is mentioned in the indictment, was in a piece of paper in the pocket; she ran down stairs; I thought she would have come to bed again; I do not know whether she had any thing on or not; I had a suspicion she robbed me; I got up and felt in my pocket, and missed all my money; I ran down stairs, and Mr. Strong got some body to lay hold on her.

Q. Are you certain you had that money about you?

Evans. I had received it but a little before, and I felt it in my pocket just before I went up stairs.

Q. Did you make any bargain?

Evans. No, we made none at all.

Prisoner's defence.

He agreed to give me a guinea for bed and all; he had taken me to divers places; he gave me but a shilling, and I gave a sixpence out of that for the room; I had some money in my bosom, he said it was his money, but it was my own; I saved it up by degrees; it was but a guinea and a 5 s. 3 d.

Guilty of stealing, but not privately from the person . T .

456. (M.) John Burton was indicted for stealing three pair of silk stockings, value 20 s. the property of William Foote , July 31 . *

(At the request of the prisoner the witnesses were examined apart.)

William Foote . I live in Bond-street, I am a haberdasher and hatter ; I lately entered into the hatting way, and being unacquainted with cocking hats, the prisoner was recommended to learn me, and I was to give him half a guinea; I missed several pair of silk stockings the time he was with me; I had occasion to go into the city, and I took him with me; I went to a wholesale hosier; after that his man seeing the prisoner with me, asked me if he was my servant; I said he was with me at present: he told me he was turned away for robbing the master he was with before; that was not the man that recommended him to me. Some little time after my wife told me she saw him put a pair of silk stockings in his pocket; I asked him if he had not some of my stockings in his pocket; he denied having any: I searched, and found two pair of silk stockings upon him, (produced in court.) Here is my private mark upon one pair, and I am sure to the other; he said he hoped I would forgive him; he then confessed he had stole several other pair, some silk, some worsted. Two gentlemen heard this confession besides me, before we carried him to a magistrate.

Q. Did you promise him any favour?

Foote. I promised to be as favourable in laying the indictment as I could, and I have not laid the indictment capital, which I might have done; the pawnbroker is not come; he has another pair which the prisoner acknowledged to the pawning of.

Prisoner's defence

I leave myself to the mercy of the court.

Guilty . T .

457. Hannah Parker , spinster , was indicted for stealing a flannel petticoat, value 2 s. and two linen aprons, value 2 s. the property of Mary Hall , spinster ; a linen shirt, value 6 s. the property of George Heathcock ; one linen shirt, value 3 s. and one neckcloth, value 6 d. the property of Thomas Lucas ; one linen shift value 3 s. the property of Hannah Burton , spinster ; a shift, the property of Elizabeth Deschier ; a shift, the property of Eleanor Lovell ; two linen handkerchiefs, the property of Elizabeth Lilley ; a pair of linen sleeves, the property of William Baylis ; a cheque apron, the property of Sarah Woodfield , spinster ; and a shirt , the property of Thomas Jourdan , August 11 . *

Mr. Miles. The prisoner lived with one Mr. Reyner, in Hoxton town; Mary Hall lives with me; she said there was some body frequented the house that was not honest; we could not tell who to suspect; there was a cloak of Mary Hall's missing; we went over to the prisoner's mistress, and desired she would look over the prisoner's things; she did, and came and brought an apron; after that we made farther enquiry; there were after that two pair of sleeves; then the prisoner being taken up, and charged with taking these things, she confessed she had sent one Anne Allen to pawn several things at Mr. Cox's, a petticoat, two handkerchiefs and an apron.

Mary Hall. I live with Mr. Miles, I lost a petticoat and two linen aprons; one of the aprons and petticoat were found at the pawnbroker's, (produced in court and deposed to;) the prisoner told me she had sent them there. I lost them some time in May last, and found them the 12th of August; we lost many things five months ago; the prisoner owned she had taken a good many things, but could not tell the number of them; the other things belong to people that are out of their minds under my master's care.

Prisoner. I hope the court will be as favourable as possible.

Guilty . T .

458. (M) Elizabeth, wife of John Chatfield , was indicted for stealing one pair of linen sheets, value 4 s. one stuff curtain, value 1 s. three flat irons, one iron poker, one pair of iron tongs, one iron fire-shovel, one copper quart pot, one pewter bason, and one iron trevet, the property of John Vaughan , in a certain lodging-room left by contract , &c. April 15 . *

John Vaughan . The prisoner is a married woman; she and her husband lodged at my house between two and three years; after her husband left her, and was gone away. I left her a room of a lesser rent; she worked for an upholsterer in Clerkenwell at 7 s. a week; her husband has left her about two years: I lost nothing while he was with her: on the 15th of April she went off, and took the key with her, and the things mentioned in the indictment were missing; she returned the 19th of August; I charged her with taking the things; she told me, if I would not punish her, she would punish me for scandalizing her; I took her before the Justice; she confessed voluntarily to taking all the things; we have found all again but the sheets and curtain.

Prisoner's defence.

Mr. Vaughan promised me, if I had any body that would join in a note to pay a shilling a week, he would make a debt of it. I did not take them in order to steal them, it was upon an emergency.

Mr. Godfrey. I am foreman to Mess. Mallet and Gomm, upholsterers; I have known the prisoner between fourteen and fifteen years; she worked there some years; we have often things of value lying about, we never missed any thing; she is the last person I should have mistrusted; was she to find favour, I believe she might come to work with us again.

Dennis Mullen . I have known her about seven years; she has worked for Mess. May and Eades in the upholstery way; she behaved very sober and well, both there and in several other places.

Acquitted .

458, 459. (M) Benjamin Frederick and Robert, otherwise Joseph Lloyd , were indicted, for that they, together with Thomas Gapney not taken, on the 20th of August, in a certain field and open place near the King's highway, on George Craggs did make an assault, putting him in corporal fear and danger of his life, violently taking from his person a silver watch, value 40 s. a steel chain, value 6 d. a silver seal, value 12 d. a pair of silver shoe buckles, value 20 s. one hat, one handkerchief, half a guinea and 2 s. in money numbered, the property of the said George , August 20 . *

George Craggs . I keep a chandler's shop and green-stall in Milk-alley, St. George's parish; on the 20th of August, between eleven and twelve at night, I went to ease myself in a ditch in Stepney-fields ; I saw three men coming before I had done; and before I could button up my breeches, two of them came and stood over me, while the third rummaged my pockets; they had each of them a drawn knife in their hands. I said, I hope, gentlemen, you will not take my watch from me; one of them said, by Jesus I will cut you into crown pieces; after they had got half a guinea and 2 s. in silver they took my watch, silver buckles, hat, and handkerchief.

Q. Was it light or dark?

Craggs. It was a very moon light night.

Q. Was you sober?

Craggs. I was a little in liquor, and they strove to hide my eyes: I cannot swear to neither of the prisoners from any thing I saw that night; they were taken the 25th, and I was sent for to see them in Braybrook's house; Lloyd said when he saw me, I was the man they had robbed; he wanted to be admitted evidence; the Justices refused him; I found my buckles again. by his direction, at Mr. Yarham's, a silversmith in Grace's-alley; (produced and deposed to) one of them has been broke, and I had it soldered; I am certain they are mine; they robbed Mrs. Metcap at the same time.

Mr. Yarhum. To the best of my remembrance, I bought these buckles the morning after the prosecutor was robbed; I think strongly in my own mind I bought them of Frederick, but I do not swear it.

Anne Metcap . I am a neighbour of Mr. Craggs's: on the 20th of August in the night, Lloyd came up to me in Stepney-fields, and robbed me of a bundle at the same time they robbed the prosecutor; I was very near Mr. Craggs, going home; after the prisoners were taken, Lloyd said they had given my bundle to their women; I knew Lloyd before.

Rosamond Gregary . The same night when Mr. Craggs was robbed, the two prisoners and Gapney were all together at the Ship, facing Well-street, Rosemary-lane; we hearing they had told of this robbery in an alehouse, we went to Justice Scott, and got a warrant of suspicion, and I was at the taking the prisoners; we took them to Braybrook's house, there Lloyd owned he was one of the men that robbed Mr. Craggs, and told Justice Scott where the buckles were sold; Lloyd used to frequent that neighbourhood.

Frederick's defence.

I am a se man, I never saw the prosecutor in my life, I have been in London but five weeks and two days.

Lloyd's defence.

I know no more of the man than the childrun-horn; I never saw him with my eyes, before I saw him before the Justice; these people that took us do nothing else for their bread but take thieves.

Frederick acquitted .

Lloyd guilty . Death .

460. (M.) Samuel Burford was indicted for that he, together with John Miller not taken, on the 17th of July , about the hour of twelve in the night the dwelling-house of Samuel Dailey did break and enter, and stealing one silver snuff-box, a shell snuff-box, a mother of pearl snuff-box mounted in silver, a silver watch-case, three silver pencils, five silver cases for pencils, and ten silver dial-plates for watches, the property of the said Samuel, in his dwelling-house . ++

Samuel Dailey . I am a jeweller , and live opposite Long acre, Drury-lane ; my house was broke open between the 17th and 18th of July. I went to bed about eleven on the 17th, and always my rule is to see that every thing is fast before I go; all was fast that night; when I got up the next morning I found one of my shutters cut with a hole in it, and a pane of the show-glass broke, and the goods laid in the indictment were gone; the next witness can give a farther account.

Markas Garnick. I live in Houndsditch; (he produced the things mentioned in the indictment;) the prisoner brought these things to me on the 18th of July, about eleven in the morning, and asked me whether I would buy any plate; there were two more men with him, one of them named Millar, the other Alexander; they waited at the corner of Petticoat-lane; I went with the prisoner to the Crown and Thistle in Catherine-wheel-alley; he first desired me to be upon honour; I said I would; when we came into the yard he shewed me the plate; he asked 4 s. an ounce for it; I took and put it in my pocket, and told him I should stop the things and him too; I brought him to Sir John Fielding ; then Mr. Marsden, the clerk, told me there was a prosecutor for them, who had been to have them advertised; (the plate produced in court.)

Prosecutor. Some of these things I have had a great while, they are all my property.

Prisoner's defence.

On Friday the 18th in the morning, I was going to Whitechapel to see my father and mother in Three-un alley; I met with a man, who said he had some old silver to dispose of; I said I knew a young fellow a Jew, I would ask him if he knew any body that would buy it; I went and spoke to him, and he went and got this Markas Garrick; he told him to go to a public-house; then Alexander came and said Garrick was at the top of the street, and he desired me to take the plate, because Garrick would not buy it of any body but me; I never had it about me till that minute; it was delivered to me in the open street; then Garrick took me to a public-house and hand-cuffed me; Garrick and Alexander came to me when I was in the Gatehouse, and said, for 3 or 4 l. they would get the bill thrown out.

Garrick. I went into the Gatehouse to a Jew that was there; when I was talking to the Jew, the prisoner came and said, when you have done with him, I should be glad to speak with you. Then I went to him; he took me into a little room, and said, it will be a discredit to my parents, and to throw my money away on counsel is doing nothing, it will be better to put it in your pocket to get the bill thrown out; I did say yes, fearing I should have a knife run through me; he mentioned three, four, or six guineas, and said, I have got a brother can advance it; but I never went near him since.

The prisoner called William Coney , a chair-maker, Thomas Dale , - Askew, John Mackay , Richard Weedle , James Pickering , and William Wood , who spoke well of him.

Guilty of felony only . T .

461. (M.) Edward Healey was indicted for stealing a silver watch, value 30 s. a pair of stone sleeve-buttons set in silver, value 2 s. a silk handkerchief, value 2 s. and 5 s. 6 d. in money numbered , the property of Thomas Mousier , August 29 . *

Thomas Mousier . I live in New-gravel-lane, I am a sailor ; I had a silver watch; I do not know what is become of it; I lost it on Friday was a week, in Mr. Healey's apartment, upon Saltpetre-bank, in Parrot-alley ; I desired him to shew me where I could get a bed; I might be a little in liquor; I knew the prisoner, he was my shipmate on board one of his Majesty's ships; they asked me a shilling for my bed; I paid a shilling, and put my breeches under my bolster and pillow, and told him I hoped it was safe; the watch was in my breeches; I went to sleep; when I awaked, my breeches were on the floor, my watch and every thing mentioned in the indictment were gone; the handkerchief I went to sleep with about my neck was gone; there was a woman that has lived with this man eight years in the room when I went to bed with him, and Biddy King, and another woman; when I was awaked, there were only two watchmen in the room, and the woman that keeps company with the prisoner. The constable, named Butler, said if I would drop it, he would produce the watch; the women wanted a dram of cherry-brandy, I gave the prisoner a shilling to get some; he went out, but gave me no change: as I sat up on the bed-foot, one of the women have herself athwart me, and I fancy the other took my breeches then.

Harry Radman . When the prisoner was in the coach, going to prison, he said he knew where the watch was; I said he had better get admitted evidence; then he began to deny it, and swear, and say he would not.

Lucas Scriplin . About half an hour after two o'clock that morning, the woman that the prisoner lives with, came to the watch-house, and said, Lucas, for God's sake come up to my house, for that rogue Ned will go to Newgate again, for he has robbed a poor man, and Biddy King and another girl were concerned with him; I went up; there was the prosecutor very much in liquor in bed; said she, get him out, for they will steal his cloaths.

Q. Is that woman here?

Scriplin. She is not; after we took up the prisoner, he said Biddy King had the man's handkerchief about her neck; and Biddy King she said had the watch in her hand, but it was then spoiled.

Prosecutor. The prisoner told us if we went with him he would get us the watch, and said Biddy King had that and my handkerchief, but we could not find her; she is taken up since for another robbery.

Eliz. Clark. I live facing the prisoner's house; about one or two o'clock that night, the noise began between the woman of the house and two other women; the prisoner was not in the house; I was standing at my window, and saw the two women run out; then the old woman called the prosecutor very bad names; she said, get up, you are robbed, where is your watch; under my head, said he; look you thief, said she, come along with me to look for the women; the prosecutor had been very troublesome and riotous, and had broke a great many things.

Q. Could you see them?

E. Clark. I could, my window is up one pair of stairs; they had a light in the room, and their windows are all broke to pieces; I stood there till four in the morning; it is as wicked a house as any in the kingdom; the prisoner had been away from that woman five or six weeks; he had come home that night, and she would not let him come in but beat him away; she desired the watchman to get the prosecutor out of the house. Man, get up, said the watchman, and go about your business; you may be very proud you go off with your cloaths, what have you lost, the man said he had lost his watch; with great persuasions he got him up to go along with him, and they went away to the sign of the Swan about four o'clock.

The prisoner said nothing in his defence.

To his character.

John Orm . I have known the prisoner upwards of 12 months; he is a rigger of ships, and helps to work ships out; he lives facing me in regard to his lodging, at the house of an old woman.

Q. What sort of a house is that?

Orm. I cannot tell what sort of a house it is.

Q. What is the prisoner's character?

Orm. I will not trouble my brains about the character, it may be a bad one, it may be a good one, but I do not trouble my brains with none of my neighbours.

Q. What is the general character of that house?

Orm. It may be a loose house.

Q. How have you known him to be employed?

Orm. I with him several times.

Q. What is character?

Orm. I never against him before this.

Rebecca Orm . I know ther than what my husband has said; I know gets up in a morning and goes to work, I have seen him go out at three o'clock.

Q. What sort of a house is this where he lives?

R. Orm. I do not know.

Q. What sort of a woman is the woman of the house?

R. Orm. I never like to cohabit with her.

Q. What sort of company frequent that house?

R. Orm. I don't know; I don't trouble myself with my neighbours houses.

Mary Parnell . I live in New Gravel-lane; I have known the prisoner two years, I never knew him to do any harm in my life; he works to bring bread home to his family.

Q. What family has he?

M. Parnell. He has got a wife.

Q. What a young woman?

M. Parnell. No, an elderly woman; I never saw any harm either-by one or the other; he is a very honest man, I have known him to be called up by the watchman, to go to work on board a ship when my husband was called up.

Q. Could you hear him called up in Parrot-alley, when your husband was called up in New Gravel-lane?

M. Parnell. No, I could not; but I did live next door to him.

Q. What sort of a house does he keep?

M. Parnell. Sometimes she will have sixpence for a bed for a man and his wife, that is all I know.

Q. Perhaps you may know some of these wives, do you not?

M. Parnell. I do not know.

Q. How many husbands have you known any one of them to have?

M. Parnell. I don't know nothing about that indeed.

Guilty . T .

462. (M.) James Butler was indicted for stealing a red fox's skin, value 4 s. the property of Christopher Smith , August 6 . ++

John Wordie . I am mate of the ship Peter, Christopher Smith , master; the ship was lying off Wapping Old Stairs , the prisoner was a lumper on board; I ordered the people that ed to the hold to go down; after they there five or six minutes, nothing came chway; I jumpt down, and the people seemed to be in a confusion; the prisoner was one of them, he stood up close by the side of the ship, with his frock tucked up close to his armpits; when he saw me he said, let's go to work with pleasure; then he un did his cloaths, and let them all drop behind him; I went and looked under them, and there was a red fox's skin, which we imagined belonged to the cargo, as we had several bales of skins on board; I carried him on shore to Justice Hodgson, he was committed; this was the 6th of August.

Walter Marshly, another seaman, who was in the hold, gave the same account.

Prisoner's defence.

I flung down my cloaths it being very hot, but I know nothing at all of the skin, or how it came there.

Acquitted .

463, 464. (M.) Richard Gargrave and John White were indicted, the first for stealing 5 fox's skins, value 22 s. 10 musk skins, value 5 s. 1 racoon skin, value 2 s. one cat skin, value 3 s. the property of Christopher Smith ; and the other for receiving four of the musk skins, well knowing them to have been stolen , August 6 . ++

John Wordie . On the 6th of August, when I came on board again, after I had taken Butler before the Justice, we got intelligence that some skins had been offered to sale at the sign of the Magpie; after which there were 17 skins found there in a bag; two of Sir John Fielding 's men and I went to take up Gargrave, where he lived, in North-street, Poplar; we found him lying on a coach; as soon as he saw me he threw off his great coat and ran, but we took him; he said he knew very well what I came about; he said he would confess, and said there were more people concerned with him; we took him before Sir John Fielding ; there he impeached Thomas Brown , Mooney and Pykes, for stealing skins out of the ship, and Starkey and Leonard as receivers; I got a warrant out against the people he impeached, and took White the same night, and Starkey; they were examined before Sir John; the Monday following Starkey was discharged; White owned he carried four skins on shore that Gargrave gave him.

Q. Were the skins produced before Sir John Fielding ?

Wordie. No, they were not; Gargrave owned to the carrying them up to the Horse-shoe and Magpie before Sir John; (the skins produced in court.)

Henry Dyke . I am going into thirteen years of age; I draw beer at the Horse-shoe and Magpie.

Q. How long have you lived there?

Dyke. I have been there 8 months; Gargrave used our house; he gave me something in a bag to put by in the cellar one afternoon, I did not know what was in it; he gave me a halfpenny, and promised me another; I carried it down into the cellar; a waterman came for it the same day, he went down and took the bag and what was in it away, it was a biscuit bag.

George Armstrong . I am waterman to that ship; Mr. Wordie sent me to the Horse-shoe and Magpie, to enquire if any skins were there; I went and asked the landlady for a candle, and told her I had information there were some skins there, concealed in the cellar; she went down with me; I looked round and found the bag; I untied it, and sold 17 skins; it was a biscuit bag; I carried it on board the ship; Gargrave said nothing in his defence.

White's defence.

I do not deny carrying four skins on shore for Gargrave, and left them in the bar at the Horseshoe and Magpie.

Armstrong. I have known White ever since the peace, he works by the water side; I never heard any ill of him.

Gargrave guilty . T .

White acquitted .

465. (M.) Honor Macguire , spinster , was indicted for stealing a woman's stuff gown, value 4 s. the property of Angel Simons , August 12 . ++

Angel Simons . I am an old cloathsman , a Jew , I bought a stuff gown beyond Well close square, five weeks ago, for four shillings; the prisoner at the bar called me in to sell it to her; I asked her five shillings for it, she would give no more than two shillings; when I came out at her door, she and three other women came after me and pelted me with brick bats, and the prisoner snatched the gown from under my arm, and ran away with it.

Q. Where was this?

Simons. This was in East Smithfield; there was a neighbour told me where to find her; I got a warrant and took her up; then she told me the gown was pledged in the name of Abigal Dolan, in White's yard, at Mr. Ryland's; I went there, and the man denied it; he said it never was there, so I cannot get it again.

Joseph Parnell . I am a butcher and live in Wapping; I never saw the prosecutor before that day; I was sitting in my house and looking out of my window, and saw some women pelting the man; the prisoner at the bar took a gown from under his arm, and ran away with it.

Prisoner's defence.

I saw one running away with the man's wig, another with his hat; as to the gown, I know no more of it than any one in the world; as for that butcher, he will swear any body's life away for a shilling.

Guilty, 10 d. W .

466. (L.) Robert Griffin was indicted for receiving six gold rings, value 3 l. and 3 silver table-spoons, value 10 s. the property of Hugh Wallis , well knowing them to have been stolen, by Patrick Murphy , April 15 . *

The copy of the conviction of Patrick Murphy read in court, wherein it appeared he stole the goods mentioned on the 15th of April, was tried for the same on the 14th of May last, convicted for the same, and received sentence of transportation for seven years. (See No 296. in this mayoralty.)

Hugh Wallis . I prosecuted Patrick Murphy for stealing these goods here last May; Carrol, an accomplice in the fact, was an evidence against him; the goods were my property.

John Emery . About five or six months ago, about 7 or 8 o'clock in the morning, I was going along with John Carrol ; we went down to the back of Black-friars church, I saw Carrol pull out some gold rings, and three table-spoons, at a sort of a chandler's-shop; he sold them to the prisoner at the bar.

Q. Did the prisoner ask him any questions how he came by them?

Emery. No, he did not; they were sold in a little time, there was another young fellow shewed him the way to the prisoner's house; he is gone to sea now, his name is Joseph Griffiths .

Cross examination.

Q. How came you to come here to give evidence against the prisoner?

Emery. Because Carrol applied to me to come.

Q. Do you remember Burgis that was tried here this sessions for picking a pocket?

Emery. I do.

Q. Was you not stopped as a companion of his?

Emery. I went into goal to see him, I was stopped there, but I was cleared.

Q. Do you know how Carrol came by these things?

Emery. No, I do not.

Q. Did you ever hear of any reward offered for taking the prisoner?

Emery. No.

Q. Did not Carrol threaten to impeach you if you did not give your evidence on this trial?

Emery. No.

Prisoner. He is one of the most notorious thieves in London.

John Carrol . I am twenty years of age; I was concerned with Patrick Murphy in taking six gold rings, and three silver table-spoons, the property of Mr. Wallis.

Q. Do you know the prisoner at the bar?

Carrol. Yes, I do, he went by the name of Old Bob; he lived on the back of Black-friars church; I sold him the 6 gold rings and 3 silver table spoons, he gave me 35 s. for them; I think he gave us 6 d. more, but am not certain, out of which I spent 1 s. he gets his bread by buying stolen goods; Griffiths and Emery went with me; I have seen him many a time at the Globe on Saffron-hill, buying stolen handkerchiefs; when he was taken up he popped a handkerchief into my hand, which he was going to buy of a young fellow. The prisoner's wife keeps a little chandler's shop; I sold the things in the shop.

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

Carrol. I told him how I had miss'd them; he asked me where; I said, in Cow-cross.

Q. to Emery. Did you hear this discourse between them?

Emery. The prisoner gave me a bottle to fetch half a pint of rum, this discourse might be then, for I did not hear it.

Cross examination.

Q. Did you never hear of five guineas being offered for the taking of the prisoner?

Carrol. No.

Q. Are you sure the prisoner is the man that you sold the things to?

Carrol. I am.

Q. How came you upon the trial of Murphy to mention nothing of Griffiths.

Carrol. The prisoner went by the name of Old Bob, and I mentioned Old Bob.

Q. How came you not to mention Griffiths and Emery being with you?

Carrol. Because I was not asked.

Q. Did you apply to Emery to come now?

Carrol. Justice Girdler ordered him to come.

Q. to prosecutor. What were the things worth?

Prosecutor. The spoons were worth about 32 s. 6 d. as to the gold rings, some of them weighed 28 or 29 shillings, they were very large old fashioned rings; I found one gold ring on the prisoner's wife's finger, which I believe to be one of the six.

Benjamin Gilbert . When we went to search the prisoner's house, his wife had two or three rings on her fingers, one of which the prosecutor thought to be his property; it was a large plain gold ring.

Wallis. This ring (produced in court) has the same posey as mine on it; it is, Joining one by God alone. I will not swear to it; there may be others like mine, but I believe this to be my property.

The prisoner said nothing in his defence.

To his character.

Sarah Low . I keep a public-house in Chandler's Rents, at the bottom of Doctor's Commons; I have known the prisoner about a year and a half; I never knew to the contrary, but that he was a very sober man; I know but very little of him.

Elizabeth Smith . I live in Chandler's Rents; the prisoner was a tenant of my husband's; he came as a stranger to me, he was very quiet; I believe people knew but very little of him.

Jasper Hutton . I live in Cow-cross; I was on board the Thunderer, a 74 gun ship with him; he was captain of the main-mast.

Q. And what was you?

Hutton. I was yeoman of the nippers; he was a very honest just man all the time I knew him, which was upwards of six years.

Q. How long is it ago since he sailed with you?

Hutton. It is not three years ago.

Q. What was your captain's name?

Hutton. Captain Proby .

Guilty . T. 14

See the evidence Valentine, where he gives an account of Old Bob of Black-friars, on the trial of Mussin and Reading, No 324, 325. in this mayoralty.

467. (L.) Alice Weaver was indicted for stealing a pair of shoes, value 4 s. the property of Bateman Saddington , July 13 . ++

Bateman Saddington. I am an apothecary , and live in Fleet-street ; I missed a pair of shoes on the 13th of July, out of my bed room; I apprehend they were taken away on the Saturday; I found them at a pawnbroker's in Wych-street on Monday the 14th; they are new shoes, never had been worn; my name was wrote in them.

Q. Did you know the prisoner before?

Saddington. She came with some excuse to my servant on the Saturday, I never saw her before.

Christopher Wallice . I am servant to Mr. Fryer, a pawnbroker in Wych street; the young man that took the shoes in is now in the country; he told me that Alice Weaver pawned them to him, but I was not in the shop at the time.

Q. Did you hear the prisoner examined?

Wallice. I did; Sir John Fielding asked her some questions, but I do not know what answers she made.

Q. to prosecutor. What did the prisoner say to the charge before Sir John Fielding ?

Prosecutor. I cannot now remember.

Acquitted .

468. (L.) Elizabeth Martin , widow , was indicted for stealing a silver spoon, value 6 s. the property of Benjamin Dorrington , September 4. ++

Mrs. Dorrington. I am wife to the prosecutor; we keep the Castle, a public-house in King-street; by Guildhall. On Thursday last, about 4 o'clock in the afternoon, the prisoner came into our house and called for three pennyworth of brandy and water, which I served her with; there was a child's silver spoon in it; my husband came in soon after; I gave him a caution that the liquor was not paid for, but I said nothing of the spoon; after I had been above stairs about an hour, I recollected the spoon; I went down; the prisoner had paid for the liquor, but was not gone; I asked her for the spoon; she said she knew nothing of it; she said, I brought it into the room, but did not know who took it away; I was very cautious of accusing her with it; after some time I went and argued with her, and told her what would be the consequence if I found it upon her; she threatened me in case I searched her and did not find it; I sent for a constable; she was taken to the Compter, and a man searched her as far as decency, but could not find it. The next witness can give you a further account.

Mary Presswell . I belong to the Compter; I saw this spoon fall from the prisoner, as she was undressing herself to go to bed; (produced in court.)

Mrs. Dorrington. This is the spoon I lost; the prisoner said she did not value being transported, she seemed desirous to go abroad.

The prisoner said nothing in her defence.

Briant Borough. I am one of Mr. Akerman's servants at Newgate; the prisoner called at our lodge one day last week, either on the Wednesday or Thursday evening; she said to me, I beg your pardon, I want to ask you a question; I said, I'll resolve you if I can; she called for a pint of wine, then she asked me how she could be transported, she wanted to be transported; I laughed at her, thinking she came to make game; after I had drank a glass with her she called me aside, and said, I'll tell you the reason of it; I have a husband that is to be transported from Maidstone, and I want to know how I can go along with him: I told her if she had any money, she had better go and contract; she said she insisted upon going if she knew how, and wanted to know how she could; I believe somebody, out of a joke said, if you step over to the goldsmith's shop, you may soon know the way to be transported.

Recorder. I would be glad to apprize you of this, was you to have gained your end, perhaps you may not go to the same colony, or be disposed of in some other part of the country, you may never see each other.

Guilty, 10 d. W .

469 (M.) Christopher Pearson , breeches maker , was indicted for making an assault on Elizabeth, wife of Joseph Worsley , and carnally knowing her against her will , June 6

Elizabeth Worsley . My husband is named Joseph. Dr. Turner took part of the house of the prisoner in Newman street , a dining room, a little room, a lodging room, and garrets; the prisoner had a shop and a kitchen below, joining to the doctor's; the doctor went into the country, and left my husband to take care of his apartments: the first attempt the prisoner made on me was on Wednesday the 4th of June, I believe between five and six in the afternoon; I was up stairs in the garret, the prisoner took the key of the street door; finding it was gone, I knocked at the prisoner's shop door, and asked who had the key; he answered he had it, that nobody should come in after ten at night; I went down stairs, he followed me into the kitchen, and told me I might at any time go thorough his shop; he was in liquor, and began to be rude with me, but did not get his end on me; then I went into the garret till my husband came home, then I went home to him; he asked me who was in the kitchen; upon which I said, hanging or burning was too good for him, and told him of the prisoner's rudeness; my husband would have taken a warrant against him, but Mr. Ingerfield advised him to forgive him as he was in liquor. On the 6th of June, the Friday following, the prisoner sent me the key again in the forenoon by his boy; I was not very well, having been in a terrible fright from what had passed; my husband came in at dinner; I said, I thought I could eat some gooseberries; when he was gone to his business, I went and bought some; when I came back, the prisoner stood in the shop, the passage door stood open: he then acknowledged his fault, and said he was sorry for what he had done on the Wednesday, and followed me down into the kitchen, I thought he would not then behave rudely; I had the gooseberries in my apron; he came and clapped his hand upon my knee, and began to be exceeding rude; I sat in a chair; he could not get his will on me there, but there was a large chair in the kitchen, which he took and put in the corner of the kitchen, from the window; he took and put me in the chair; he wanted me to go up stairs to a bed, but I said I would not; when in the chair he put down his breeches, and wanted to put his private parts in me; he put his tongue into my mouth, his breath was exceedingly nauseous; I struggled with him as long as I had strength; he kept his tongue in my mouth that I could not cry out.

Q. Did he ever get his tongue beyond your teeth?

E. Worsley. No.

Q. Did you not say he had his tongue in your mouth?

E. Worsley. No, not in the inside my mouth.

Q. Why could you not call out?

E. Worsley. By his wanting to get his tongue in my mouth I could not.

Q. Was any body in the house?

E. Worsley. No, and I thought it of no use, for I had locked my door at coming; after he had his will, which was not with my consent, for I had rather he should have taken my life, a man knocked at the door, in an instant he went up; I was very ill; he came in at another door, and in about five minutes time I went out into Newman-street, and sat down in a chair in Mrs. Rickerby's house; Mrs. Rickerby asked what was the matter; I was near three quarters of an hour before I could speak; when I recovered myself, I said that villain has killed me; I then sent for my husband who came, and he and Mrs. Rickerby carried me home, and Mr. Perrent, a surgeon, was sent for; about three weeks after I had all the symptoms of a miscarriage; I believe I was very young with child, I had been married only from the 20th of April. On Monday the 9th of June we went to Sir John Fielding for a warrant, but the prisoner did not come to his shop, and was not taken for a considerable time after.

Cross examination.

Q. Whether have you not heard there was a dispute between Dr. Turner and the prisoner about the house?

E. Worsley. No.

Q. Why did you not bite his tongue?

E. Worsley. Because I was so much frighted.

Q. What sort of a chair was that you say the fact was done in?

E. Worsley. It was a high chair with elbows.

Q. Why did you not go out of the room while he was fetching that high chair?

E. Worsley. I was so frightened I could not.

Mary Rickerby . I live in Chapel-street, about 300 yards from where Mrs. Worsley lives. On the Wednesday Mrs. Worsley complained to me the prisoner had taken away the key of the street door; on the Friday she was with me again about one o'clock, with her husband; she was ill, and thought she could eat some scalded gooseberries; this was about one o'clock, and about two she came back again, and sat down in a chair and fainted away, and was ten minutes before she came to herself; I asked her what was the matter; she said, this villain has killed me and ruined me, and fainted away again; I sent for her husband; then we took her home and put her to bed; she told me that afternoon, that the prisoner had got his will of her: while Mr. Worsley was gone for the apothecary her complaint was that the prisoner used violence to her body, with his hand, and that during the struggle he wrenched her arm, and she was afraid she should miscarry; I did see something, from which I did conclude she was with child, and I examined her linen, and it appeared to have something on it that proceeded from a man.

William Perrent . I am a surgeon; I was sent for to attend Mrs. Worsley, but do not recollect the day of the month; she complained of a pain in her back and the bottom of her belly, and private parts; the woman where she did lodge had acquainted me the cause of her illness was from the ill treatment she had received from a man who had ravished her, and Mrs. Worsley told me the same; and as she told me she thought she was with child, I thought proper to call in a man midwife; we consulted together, and prescribed for her.

Hannah Ingerford . I live at the Bible in West-street; I went to see Mrs. Worsley, she looked very ill; she said that villain Pearson pulled me about, and wanted to lie with me, but thank God I got rid of him.

Joseph Worsley . I am the husband; my wife said to me, the villain had been at her again.

Q. Did she tell you nothing farther?

Worsley. No, not then; she told me the villain had been there, and had had his will of her.

Q. Who was present?

Worsley. Mrs. Rickerby was.

Q. Did you see the apothecary?

Worsley. No, but I left word with the woman I saw there, how badly my wife had been used, and desired he would come to her as soon as he came in.

Q. What did you tell her?

Worsley. I told her where I lived, and how Mr. Pearson had used her; I staid at home from my work a week; she sometimes had five or six fits in a day.

Q. Is she subject to fits?

Worsley. She is subject to hysteric fits. I went directly to Justice Welch, he said it did not signify coming myself, I must bring my wife. On the Monday we went to the Justice, he was not at home; then we went to Sir John Fielding and had a warrant; the prisoner was taken up on the 16th of July.

Q. How came you not to take him up before?

Worsley. Because he had absconded; I asked 40 people where he was to be found, none could tell me.

Prisoner's defence.

I deny the fact that I am committed for; I look upon it all spite and malice; Mr. Turner wanted to have the place from me.

- Willson. I am apprentice to the prisoner.

Q. Where did he live in the month of June?

Willson. He lived at the corner of Chapel street, Oxford-road; he used to come to the shop twice a day, after the 6th of June, he never absconded at all; he was taken up the 16th of July.

John Heley . I am a headborough; I was at the Brown Bear , when Mrs. Worsley came in and said she wanted a word of advice, her landlord which used to let her in about ten o'clock, now keeps the key from her; she said she would have a warrant for him, and said if she could get him out of the house is all she wanted; this was about the the beginning of June, I saw a warrant in her hand but could not go with her.

Richard Thomas , two Mr. Wells's and Mr. Orchard, gave the prisoner a good character

Acquitted .

470. (M.) Thomas Jacocks , otherwise Gecox, otherwise Jecox , was indicted for robbing Charles White on the king's highway, of a 36 shilling piece , September 4 . *

Charles White . I was coming upon Finchley common , my wife and a journeyman of mine were with me; this was last Thursday night; I was stopped by a young man; he was very drunk, and I had drank a little; it was near Whetstone turnpike.

Q. Who was that young man?

White. I believe it was the prisoner at the bar.

Q. Upon your oath is the prisoner the man?

White. I believe he is; he was taken in at the Fighting Cocks.

Q. Was you drunk all the while you was there, and before the Justice?

White. He is the man.

Q. What did he say when he stopped you?

White. I can't remember what he said more than taking my money.

Q. Did he get any money, and what money?

White. I gave him a 36 shillings piece and a halfpenny.

Q. Was you present at his being searched?

White. I believe I was in the house, but did not see him searched.

Q. Did you find your 36 s. piece?

White. They said they had taken a piece of gold and some silver out of his pocket.

Henry Gotobed . I am a butcher, and live in Cold Bath-fields, and work in Clare-market; last Thursday night between seven and eight o'clock, I and John Caverly were coming from Barnet, we saw the prisoner by the side of Mr. White's chaise, almost by the two Fighting Cocks on Finchley-common; Mr. White called, Butcher, give me assistance; the prisoner was robbing him and his lady in the chaise.

Q. Did you see the prisoner take any thing?

Gotobed. No; I came up to him and hove him from his horse along-side the chaise; he had a pistol in his hand, which we found afterwards to be loaded; he was very much in liquor; we took him in at the two Fighting-cocks; he was charged with robbing Mr. White of a 36 s. piece. The prisoner could not tell what to say; I held the candle while others searched him; I saw a 36 s. piece laid down upon the floor by, I believe, the constable; Mr. White and his lady challenged the 36 s. piece; the prisoner said nothing to it but cried.

Q. What did he say for himself?

Gotobed. He had nothing to say, he was quite intirely in liquor; we left him there all night in the care of the constable, and the man of the house, but they are not here.

Cross examination.

Q. Was the prisoner very much in liquor?

Gotobed. He was quite stupid, I hardly think he knew what he did.

John Caverly . I was in company with the last witness coming from Barnet, last Thursday night; we saw the prisoner close by the chaise; I believe his hand was in the chaise, and a pistol in it; when we came up to them, Mrs. White said they had been robbed of a 36 s. piece and a halfpenny; the prisoner was very fuddled, he could hardly speak at all.

Q. Did he make any resistance when you went to take him?

Caverly. No, he did not; my companion shoved him from his horse, and I got hold of his collar; we carried him in at the two Fighting Cocks; he was searched; there was a 36 s. piece and some silver and halfpence found upon him; I saw the constable and another man search him; I saw the 30 s. after they had flung it down, upon a handkerchief that was spread on the ground; I saw him the next day when he was before the Justice, he would not own any thing.

Cross examination.

Q. Was he very much in liquor?

Caverly. He was very much, he could hardly speak.

Q. Had he any thing of value about him?

Caverly. No, not as I saw; he cried very much when before Justice Palmer, and said but very little.

Q. What was he charged with?

Caverly. He was charged with robbing Mr. White.

Q. How many pistols had he about him?

Caverly. He had two.

Q. Were they both loaded?

Caverly. They were.

Prisoner's defence.

I was fuddled, or I had never done such a thing.

To his character.

Thompson Payter . I live at Newport Pagnel in the county of Bucks, I have known the prisoner from about a week old; I know his father, and all the family; his father is a dealer in lace, the prisoner was brought up in the lace way; he was with his father all his life time, only when at the boarding school; he came to town about his father's business; he comes once a fortnight. I have known him trusted with two thousand pounds worth of lace at a time. I am in the lace trade.

Q. Is it usual in your way to carry arms?

Payter. It is; I never go a journey without arms, when I am making up money in my circuit, sometimes one pistol, sometimes two; there are very few in the lace business but what carry arms, because our stock lies in a little compass, and is very valuable.

Q. What is the prisoner's character?

Payter. He is a very sober steady lad, I never heard one misbehaviour of him before this in all my life; this was not for the want of money; he might have had 500 l. had he asked it; I would let him have 500 l. had I it, upon his own note; he was in great business and had great credit; he did not stand in need of thirty-six score such pieces; I heard of this at St. Alban's, and came to town but last night.

Jeremiah Worlings . I keep the Bear and Ragged-staff in Smithfield; I have known the prisoner between two and three years, he is a lace-man; his father and he deal very largely; he did business for his father, latterly he has done it for himself.

Q. Is he a man of property?

Worlings. His father is for what I heard, a man that can have money upon his own credit at any time. I would have lent the prisoner any thing that was in my power upon his own note.

Mr. Sharpling. I am a clockmaker, and live in Duck-lane; I have been acquainted with the prisoner about two or three years; last Thursday was with him between four and five o'clock, he was very much in liquor, this was at the Bear and Ragged staff; I was looking over the newspaper, he insisted on my drinking a glass of wine with him; I said, you had better go and lie down; he said to me you shall drink a glass, and then you and I will go and take a ride for six or seven miles.

Q. Do you know any thing of his circumstances?

Sharpling. Yes, his father is in good circumstances; I never heard of the prisoner's being short of money; had he wanted 20 l. at any time I would let him have it; I never heard the least blemish of his character in my life.

Samuel Payter . I live in Noble-street; I have known him about fourteen years, he has a very good character as ever I heard; he lived in good credit; had he wanted 40 or 50 l. at any time, I would have let him have it.

Anne Hardy . I have known him pretty near three years, he has a very good character; I belive his circumstances are very good.

Mrs. Scott. I have known him three years, he has an extraordinary good character, and in very good circumstances. I live with my brother in Smithfield.

Edward Scott . I am a perriwigmaker, and live in Smithfield; I have known him about three years; he is a very honest just man, and his circumstances very good; I don't know but many people would have given him 20, 30 or 100 l. credit in the way of trade.

John Hall. I keep the Oxford-arms in Warwick-lane, I have known him above four years; his father and he quartered at my house best part of twelve months; I have said to the old man, I thought him very happy in a son; I always took him to be very sober, and I always took the old man to be in middling circumstances.

Q. to Gotobed. What sort of a horse did the prisoner ride?

Gotobed. He rode a grey horse.

Thomas Worlings . I have known him upwards of two years; I never heard any thing amiss of him in my life. I am book-keeper at the Bear and Ragged staff, I always understood his father and he were in exceeding good credit.

Guilty .

Death . Recommended.

471. (M.) James Penticost was indicted for stealing a cloth coat, value 4 s. a cloth waistcoat, value 2 s. a pair of worsted breeches, half a guinea, and 6 s. and 6 d in money, numbered , the property of William Williams . *

At the desire of the prisoner the witnesses were examined apart.

William Williams . I am a journeyman carpenter , and lodged at the house of Jane Best , in Wych-street , the prisoner lodged there; there was only a thin partition between his room and mine; about 3 weeks ago I went out to work, and when I came home at about 8 o'clock, I found my box which I had left locked was open, and the cloaths and money mentioned in the indictment were taken away; I enquired of my landlady; she said there was a man that lay in the next room to mine, that did not work, they suspected him, that was the prisoner; I went in search of him; he was stopped; I took him to Covent-garden Round-house: I told him I suspected he had taken the things; he made game of me and abused me; the constable asked him if he had any money about him; he said he had but about 15 d. but when he was searched there was about 36 s. in the whole; he would give no account how he came by it; there was a paper of mine was found in his waistcoat pocket.

George Carnaby . In searching the prisoner I found this paper in his waistcoat pocket; (produced in court.)

Williams. This paper is my property, (taking it in his band) this was in my waistcoat pocket that was stolen; it is an account of a job that my father and one Mr. Carr did to a ship; I never found any of my things again.

Carnaby. The prisoner declared before the Justice that he never had that paper.

Jane Best . I keep a lodging-house in Wych-street, the prosecutor and prisoner lodged at my house; there was but a thin wainscot parted their rooms, and the place is open; there is a slip broke that a person might look through; the prosecutor found his place open and the box broke, and his things taken away; the prisoner had lodged but five or six days with me; I do not know that he ever went out to work, he used to lie in bed pretty much; there was nobody in the house that could rob the prosecutor but the prisoner, there is only an old woman almost fourscore years of age.

Prisoner's defence.

This paper they say was taken out of my pocket, but as God is my judge, I know no more of it than the child unborn. When I came down one morning, I picked up three papers and a penny memorandum book; I lighted my pipe with some of them.

Acquitted .

(L.) He was a second time indicted for knowingly, designedly, and by false pretences, obtaining from John Warner Phipps and James Turtle , coal-merchants and partners , 20 chaldrons of coals, value 36 l. March 27 . ++

James Turtle . I am a coal-merchant, in partnership with John Warner Phipps ; I do business in White-friars and in Milford lane; on the 27th of March the prisoner came to me, and said he was recommended to me to serve him with coals; I asked him who recommended him, because I would gladly know my friends; he made some hesitation, and at last could not tell me: he told me he had some business in the Strand, and said he would call again in an hour; he did not return: the next day he called upon me again; he desired me to go to his house, and see his situation; he told me he was going to sell coals: I went with him to his house the corner of Stone-cutter-street, Shoe-lane; he shewed me the lower part of the house, he asked me if it would do for a shop; I told him I thought it would do very well; he shewed me down in his cellar, where he thought to lay in a quantity of coals: then he took me up stairs to see his dining-room, which was very elegantly furnished with all new furniture, and stocked with a great many different tradesmen's goods besides; it was a kind of warehouse; then he took me up into the garret; he said he was a watchmaker, and was going to set five or six men to work; it being a corner house, and had a very good light, I thought it was quite suitably adapted to the purpose; there was a room empty, he said he was going to lett that to a single gentleman; he said he had been at a very great expence in furnishing this house, that he had paid ready money for all, and particularly he mentioned he had paid upwards of 40 l. to Mr. Faulkner, a broker, at the corner of Harp-alley, Shoe-lane, for part of the goods in that room; the whole to be sure came to a great many forty pounds: he pretended to show me the bills and receipts by taking out his pocket-book, but could not find them, pretending they were in his drawer in his desk; nevertheless he said he should soon he possessed of some money, by a bill that he was to receive. Some more conversation passed, then we came down stairs; then he asked the prices of coals; I told him; he said he did not want some immediately to come home, but he wanted some to go out, and gave me orders to send them; accordingly I took his order where to send them out, and they were sent by my people, and he had some home to his house in two or three days after; he agreed to pay ready money for them.

Q. Whether you should have trusted him, if he had not assured you he had paid upwards of 40 l. to Mr. Faulkner for part of the furniture?

Turtle. No, I should not a single penny, if I had not seen the situation of his house, and what expence he had been at; I know Mr. Faulkner to be a very industrious man, and one that is careful in his way of dealing, this gave me a good opinion of the prisoner's substance; he mentioned no other person's name but Mr. Faulkner's, but he mentioned the buying divers other goods. The 40 l. was the principal object that I took under consideration.

Q. Supposing no mention had been made of having had goods and paid for them to Mr. Faulkner, should you have trusted him?

Turtle. No, I should not.

Q. What were the goods worth you saw in the house?

Turtle. I suppose they were worth 150 l.

Q. Do you think the circumstance of paying Mr. Faulkner weighed more than all the rest? Can you so far depend upon what would have been your conduct from this representation, as you had seen this 150 l. worth of goods, should you have trusted him? *

* The principal false pretence laid in the indictment was for obtaining money by pretending he had bought goods to the amount of 40 l. and upwards, of Mr. John Faulkner , &c.

Turtle. It struck me at once, as I knew Mr. Faulkner was a very honest and a very cautious man, and one that could not afford to trust for a large quantity of goods.

Q. Supposing a name had been made use of which you did not know the person, but you had still seen all the goods in the house, would you have trusted him?

Turtle. No, I should not.

Q. What satisfaction was that to you, that they were bought of Mr. Faulkner or any other man?

Turtle. He lived but a little way from the prisoner, therefore I thought he must know the abilities of the man. A few days after I enquired after the prisoner, and he was not at home.

Q. Did you ever find him at home?

Turtle. Never but once; I saw his wife, as they called her.

Q. How often did you go to his house?

Turtle. I went about three or four times.

Q. Did you ever receive any money?

Turtle. No, I never did.

Q. How long did he continue in the house after he had the coals in?

Turtle. About ten or twelve days he and all the goods were entirely gone, within fourteen days after he had the coals of me.

Q. When did you first see him afterwards?

Turtle. The first time I had the pleasure of seeing him afterwards, was at the bar, when he was tried for the felony in stealing the man's cloaths and money; he made large pretensions to me when he came to me, that he should be a very good customer.

John Faulkner . I live at the corner of Harp-alley, Shoe-lane, I am a house-broker.

Q. How near is your house to where the prisoner had a house?

Faulkner. It is about five or six doors distant from it.

Q. You know the prisoner, do you not?

Faulkner. I do, I never saw him but once in my life before he had the goods of me.

Q. Did he pay you any money?

Faulkner. I never received a farthing of him in my life.

Q. Did you ever recommend him to any body?

Faulkner. No, never; when he looked out the goods, he said he did not desire trust, I should have the money as soon as he had the goods; he said, he should have an hundred pounds from the Navy-office.

Q. When did you see him after you delivered the goods to him?

Faulkner. I never saw him till I saw him here, and I was there I believe ten times a day.

Prisoner. He sent the goods in on the 22 d, and brought the bill in the 25th, and I desired him to stay a little.

William White . I carried one load of coals, that was one chaldron, from Mr. Phipps and Turtle's wharf to the prisoner's house in Shoe-lane, some time in the beginning of April.

Charles Earl . I carried at different times to different places, three chaldron of coals, from Mess. Phipps and Turtle's wharf for the prisoner at the bar, and some I drove to his house at the corner of Stone-cutter-street, Shoe-lane.

Council for prosecution. We have here a linen-draper, an upholsterer, a grocer, and others, with whom the prisoner has traded in the same manner; but as their names were not made use of to Mr. Turtle by the prisoner as Mr. Faulkner's was, it may be needless to call them.

Prisoner's defence.

The latter end of March last, I took a house at the corner of Stone-cutter-street, Shoe-lane; I went to Mr. Faulkner by the recommendation of a gentleman that went with me; Mr. Faulkner desired I would come and look out such goods as I wanted; after he sent them in, he came and brought his bill in a day or two, and desired I would help him to half the money. I told him I had not any money, but if he would stay a week I would help him to the whole; then I went to Mess. Phipps and Turtle, Phipps I never saw but once before. I told Turtle I had taken a coal shed at the corner of Stone-cutter-street; I asked him if it was worth his while to serve me; we had a gill of wine at a house of call; I said I never dealt in this way before, put me in the best way you can; he said he would: I told him I had some in the house that were the man's that kept it before; I told him I believed I should deal very largely; he said, so much the better: I asked him if he would be pleased to send me any in, he said yes; then he asked me who I would have them sent to: I desired him to send 28 sacks to one place, 12 to Mr. Coventry, the gentleman that recommended me to Mr. Turtle, and a chaldron to a barber on Saffron-hill, and others, to the amount of 136 sacks; this was on the 29th or 30th of March; but upon the 10th of April, coming down the street, I met Mess. Phipps and Turtle; they asked me how I did; said I, shall we go to breakfast together; we went to a coffee-house in Fleet-street, there we breakfasted together; said Mr. Turtle, I have brought you my bill, saying, his custom is 60 days credit; I said, you shall have your money every month.

Turtle. No such thing was mentioned.

Prisoner. I said I have not any money, but on the morrow I believe I shall be ready for you; he said, do you want any more coals; I said, yes, you may send five chaldron to Mr. Myers, a colour-maker in Golden-lane, and five chaldron to the Duke's-head facing the pound, Islington: this was on the Thursday or Friday. I went down to Norwich to receive some money, and while I was gone, Mess. Phipps and Turtle took a writ out against me; they found they could not arrest me, as I was gone into the country, then they indicted me for a fraud; when I came back, there was my house shut up, my shop shut up, my coals taken away by Mr. Turtle's servant, and the goods I bought of Mr. Faulkner taken away; I had been in the house not above ten days; the creditors stripped me of every thing, I had not a shilling left; they broke my dining-room door, and took out my bureau and a little nest of drawers, money and papers, all went; they sent me my nest of drawers back, two coats, and a pair of breeches; they shut my doors up, and gave the key to my landlord; I have been very cruelly used; I have no other evidence but Mr. Phipp's bill and Mr. Faulkner's bill.

Guilty . Sentence respited .

Edward M'Ginnis and Jane M'Ginnis , capitally convicted in May sessions, were executed on Wednesday the 18th of June.

John Jones , capitally convicted in October sessions, 1764; Francis Redmond , in February sessions last: John Wilford , in January sessions last; Dorothy Curtis , and William Bletsley , in May sessions last, received his Majesty's pardon, on condition of being transported for seven years.

John Bevan , in April sessions last, for 14 years.

Elizabeth Dun , in September sessions, 1765; John Aldridge , in December sessions last, 1765; and Jane Eroud , in April sessions last, to be transported during their natural lives.

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

Received sentence of Death, 4.

Edward Brophy , John Hill, Robert Lloyd , and Thomas Jacocks .

Transportation for 14 years, 1.

Robert Griffin .

Transportation for 7 years, 31.

Daniel Bent , John Haynes , James Davis , William M'Intosh, Margaret Buckler , Gilbert Garret , James Newman , William Shakespear , George Innes , John Webb , William Burgis , John Davis , William Ryder , John Child , Anne Bridgeman , Thomas Jacob , John Miller , Martin Vasthold , Robert Bradshaw , Robert Walker , Mary White , Mary Knight , William Angess , Pearce John, Anthony Chassereau , John Lormont , Jane Gardiner , John Burton , Hannah Parker , Samuel Burford , Edward Healey , and Richard Gargrave .

Whipped, 5.

John Flowers , Honor Macguire, Anne Pugh , Anne Smith , otherwise Allce Smithers, and Elizabeth Martix .

Branded, 4.

Thomas Rushton , William Simpson , Aaron Hyams , otherwise William Haines.

Edward M'Ginnis and Jane M'Ginnis , capitally convicted in May sessions, were executed on Wednesday the 18th of June.

John Jones , capitally convicted in October sessions, 1764; Francis Redmond , in February sessions last: John Wilford , in January sessions last; Dorothy Curtis , and William Bletsley , in May sessions last, received his Majesty's pardon, on condition of being transported for seven years.

John Bevan , in April sessions last, for 14 years.

Elizabeth Dun , in September sessions, 1765; John Aldridge , in December sessions last, 1765; and Jane Eroud , in April sessions last, to be transported during their natural lives.