Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 19 December 2014), December 1766 (17661217).

Old Bailey Proceedings, 17th December 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 17th, Thursday the 18th, Friday the 19th, Saturday the 20th, and Tuesday the 23d of DECEMBER, 1766.

In the Seventh Year of His MAJESTY's Reign. Being the First SESSIONS in the MAYORALTY of THE RIGHT HONOURABLE SIR ROBERT KITE , KNT. LORD-MAYOR of the CITY of LONDON.

NUMBER I.

LONDON,

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

[Price Six-Pence.]

THE WHOLE PROCEEDINGS ON THE

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

Before the Right Hon. Sir ROBERT KITE , Knt. Lord-Mayor of the City of London; the Right Hon. Sir. JOHN EARDLY WILMOT, Knt. Lord Chief Justice of his Majesty's Court of Common Pleas *; the Hon. Sir RICHARD ADAMS , Knt. one of the Barons of his Majesty's Court of Exchequer +; the Hon. Sir JOSEPH YATES , Knt. one of his Majesty's Justices of the Court of King's Bench ||; JAMES EYRE , Esq; Recorder ++; and others of his Majesty's Justices of Oyer and Terminer for the said City and County.

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

LONDON JURY.

John Haynes ,

William Meadows ,

Robert Benson ,

Charles Breed ,

William Russel ,

Joseph Sabin ,

William Kippax ,

John Johnson ,

Henry Rutt ,

John Brooks ,

Francis Leech ,

William Jewell .

MIDDLESEX JURY.

Edward Anderson ,

William White ,

Thomas Milward ,

Christ Kempster ,

John Clarke , *

* Samuel Kingston served part of the time, Mr. Clark being taken ill.

John Porter ,

Thomas Stokes ,

James Durno ,

John Franklin ,

John Weatherhill ,

Stephen Pyle ,

Charles Cookney .

1. Edward Adams was indicted for stealing a cotton handkerchief, value 18 d. the property of John Henderson , Oct. 27 , to which he pleaded guilty . T .

2. (L.) James Tanner was indicted for stealing four bushels of coats, value 6 s. and a linen sack, value 2 s. the property of John Ratcliffe and George Cousins , Dec. 1 . ++

George Cousins . I am partner with John Ratcliff , in the corn way; we had two barges lying at Paul's wharf , with corn in them. The other witnesses can give a farther account.

Thomas Sears . I came through bridge on the first of this instant, about half an hour after ten at night, with a lighter to Paul's-wharf; after I had moored her, coming on shore about eleven o'clock, over Mr. Cousins's craft, I thought I saw something move; I called, who is there; no body answered; coming a little farther, I saw the prisoner in his boat, which lay along-side the craft, and a sack of oats standing on the gunnel of the barge: I said to the prisoner, what are you going to do with this sack of corn; he said, nothing at all, he was only going to get into his boat; at that time his feet were in his boat, and his backside on the side of the barge; I put the sack of corn in its place, and went on shore to a public-house, and staid about ten minutes; Samuel Robinson, was along with me when we were going to go home to Horsleydown. When we were on the top of the stair-head, I saw the prisoner pulling the sack, and heard it fall into his boat; then I jumped down, and took hold of the head of his boat, and sent Robinson to call Mr. Cousins's man; then the prisoner said, lend me a hand to chuck the sack in again, there is no harm done as long as the sack is in again; he said he never did such a thing before in his life. Robinson and Mr. Cousins's man came, then we took him in custody; there were four bushels of oats in the sack.

Samuel Robinson confirmed the account he had given.

(The sack produced, and deposed to, by the names on it.)

The prisoner in his defence said he was a waterman , and lived at putney; that he brought a fare there, and had been on shore, and when he returned to his boat, he found the sack in it.

Guilty . W .

3. (M.) Richard Reynolds was indicted for stealing a great coat, value 5 s. the property of Robert Davis , Dec. 8 . ++

Robert Davis . I am a coachman , I lost my great coat from the Two Blue Poits, Dean-street, Soho , out of the tap-house: Thomas Packwood told me, he saw the prisoner take it; he is since absconded; the coat was flung into the tap house the night the prisoner was committed. I have known the prisoner some years, and never knew no harm of him.

Thomas Packwood was called upon his recognizance, but did not appear.

Acquitted .

Packwood's recognizance was ordered to be estreated.

4, 5, 6. (M.) Margaret Carney , Elizabeth Branch , and Catharine Gray , spinsters , were indicted for stealing one canvas purse, value 1 d. and 11 s. and 2 d. the property of Richard Badcock , Nov 11 . ++

Richard Badcock . I am a miller , I live at Rotherhithe, at the King's Mill; last Tuesday was a month I was going home, betwixt eleven and twelve at night, from Ratcliff highroad; I went in to drink at Ratcliff-highway ; going home, a man was sitting on a bench; he said he would row me over if I would give him a dram; there were the three prisoners; I gave them a dram each, at the sign of the Ship: then they had me down an alley, which they said was the nearest way to the water side; then one girl laid hold of my shoulders, and one on one leg, and the other the other; the man laid hold of one of my legs also, and the prisoner, Gray, pulled my purse out of my right-hand breeches pocket, and Carney took the purse and ran away with it; then they all went off, and left me in the house.

Q. How came you in the house?

Badcock. They dragged me into a house, and into a room on the left hand side.

Q. Had you any liquor there?

Badcock. No.

Q. What money had you in your purse?

Badcock. I had 11 s. 4 d.

Q. Was you sober?

Badcock. I was quite sober.

Q. Had you been drinking that afternoon?

Badcock. Yes, we had but three pints betwixt three of us; I went and got a constable, and went and laid hold of Gray; then the other two prisoners came up and struck me; then the constable laid hold of one of them, the other got off; we got them to the watch house, and then the constable went out and took the other; the constable searched them, and found 7 s. 2 d. and two farthings upon them; I lost two farthings, one a plain one, the other a remarkable one; them found upon them were such; I had been eating some cheese, and some stuck to two of the shillings; and two of the shillings found upon Carney, had cheese stuck to them.

Joshua Dun . I am headborough; going my rounds, I got in, and sat down in the watch-house; the miller came, and said he had been robbed; he showed me the house; (a very bad house) there was no body in the house; I heard the voice of a woman in the street; the miller said that was one of them; we went and he took Gray: after that, I took the other two, and upon Carney I found 7 s. 2 d. and two farthings; I persuaded the man to make it up; we took them down to the lower watch-house; they wanted to make it up, the miller would not; ( the money produced in court.) The prosecutor swore to them all; he described the man, but I cannot meet with him.

Q. to Badcock. Did you sit down in a chair?

Badcock. They dragged me into a chair.

Carney's defence.

He and a watchman desired us to shew them to a public house; we shewed them a house, and they gave me some gin each, and after that they charged us with robbing the man.

The other two prisoners said the same.

Q. to Dun. Was the miller sober or fuddled?

Dun. He was very sober, he is a very honest man, he has a wife and children.

All Guilty . T .

Gray was tried by the name of E. Wall, for the wilful murder of Mr. Smith, a clerk at the Bank, see No l484 in Sir W. Stephenson's Mayorality; and No 65 in the late Mr. Alderman Nelson's, where she was evidence.

7. (M.) Jane Collins , wife of John Collins , otherwise Jane Collins, widow , was indicted for the wilful murder of Mary Hobbs , an infant 10 years of age , Dec. 7 . She stood charged for the said murder on the corner's inquest. *

John Cobb . I live next door but one to the prisoner, in Old George-street, Spitalfields ; she keeps looms in the weaving way for the master weavers, and employs poor people . I am a hair-merchant.

Q. Who lived in the house between you and the prisoner?

Cobb. One Mr. Stevens; a little before Michaelmas, about four months before, I was just come off a journey; my warehouse lies backwards, I was pretty busy, my window looks into the prisoner's garden; I heard a melancholy cry of a child; I looked out at the window, and saw a fellow in a red coat upon a large mulberry-tree in the prisoner's garden, and the deceased girl, about ten years old, standing upon two arms that branch out of the tree, crying; the deceased was in size according to her age, a little girl. I saw the man fastening a cord; I was surprized, seeing the fellow above her. I said, good God! what are you going to murder her; he said no, and came out of the tree; the prisoner was at the foot of the tree, and they all three went into the house; I went into her house, and said, Mrs. Collins, what in the name of God have you been at; I desire you will let me know what the child has done; she said, she is a naughty wicked hussey, she had robbed me; I said, what has she robbed you of; she said, of a handkerchief and a knife; that she went into Whitechapel, and sold them for twopence, and they had brought the girl and things back again; I said, there are other ways of punishing a child than to go to hang her.

Q. What time was this?

Cobb. I believe about three or four in the afternoon; about six or seven weeks ago, my man was opening the shop-window; I came down stairs, and into the street, and saw the child standing at my door, this was a little after six o'clock; she had a bit of bread in her hand.

Q. What was her name?

Cobb. Her name was Mary Hobbs ; she had a small wound on each side her temple, the skin was broke, and she had received some hurt in her head above. Several people came and enquired what was the matter; seeing many people together at my door, I sent some of the women with the girl to the church-wardens.

Q. Did you ever see the prisoner do any thing to the girl?

Cobb. No, I never did.

Cross examination.

Q. Did not the prisoner tell you she did this, in order to affright the child rather than to beat her.

Cobb. No, I do not remember she said any such thing.

Phebe Stevens . I live next door to the prisoner; my husband is a silk weaver; the child was small of her age, about ten years of age.

Q. How long had she lived with the prisoner?

P. Stevens. I believe from the beginning of last summer; I have frequently heard cruel blows struck as if it was with sticks.

Q. Do you know who gave them, and upon whom?

P. Stevens. I judge by the prisoner, and upon the child. On last Saturday was a fortnight, between eleven and twelve, my husband called me out into the wash-house, there is a thin partition; I could look through a wicket into her wash-house; the child was under the pump, over a tub of water; (the pump serves us both, it is between us) she struck the child several blows, with either a mop stick or a broom-stick, three or four blows; I saw her do it, seeming to me upon her shoulders; she took the child into the yard, then I could not see, only hear it; we heard blows; my husband and I drummed against the partition as loud as we could; some man said, leave off beating the girl; it is late, correct her to-morrow; you will kill the girl; she kept beating the girl. The prisoner said, d - n her, a b - h, I design it. To the best of my knowledge, I never saw the child but once after.

Q. Did not you and your husband call to her?

P. Stevens. No, we did not, because we would not get abused: the child was never free from bruises.

Q. How was she when you saw her after that?

P. Stevens. Her eyes were black.

Q. Did she go about her business after that?

P. Stevens. I believe she did.

Elizabeth Hull . I live in Mrs. Stevens's house, I am her daughter-in-law; five weeks ago this day, I was in our wash-house, about nine in the mornning, and the child was in the prisoner's wash-house, squeezing a mop out of a tub; Mrs. Collins came out, and asked her, why she had not made a fire; the child said, she had been blowing it, and could not make it light; Mrs. Collins bid her come in, and took the mop out of the child's hand, and laid hold of the child with the other hand, and struck it two blows cross its back with the mop-handle; that is all I saw; I have heard the child cry many times.

Cross examination.

Q. Whether she said she had been blowing, or had lighted the fire?

E. Hall. She said she had been blowing it.

John Abbot . I live opposite the prisoner; about this day three weeks the child came to my house to light a candle; she saw some bread on my table, she asked for a bit; I said, your mistress is better able to give you bread than I am; she said, I am almost famished; she looked as if she wanted. Yesterday fortnight Mrs. Collins came home seemingly in liquor; about nine at night she came to the door and said, hussey, hussey, light your mistress, you brazen b - h, why don't you light your mistress; I did not see the child; I turned in; then she said, that is a brave girl to light her mistress; let your mistress in, to let your neighbours see you are alive: the Saturday following I was putting out my goods (I keep a little broker's shop) this was about eight o'clock in the morning; I heard the child crying in the passage; I knew her voice, hearing her often before, and from that time I never saw her since.

Q. Did you hear any blows then?

Abbot. No, I did not.

Cross examination.

Q Did you ever see the child with black eyes?

Abbot. No.

Deborah Cornhill . I live opposite the prisoner; I have heard Mrs. Collins beat her very cruelly, and have heard the girl cry out, dear Mrs. Collins do not beat me; this I heard frequently; yesterday fortnight, Mrs. Collins call'd her, Moll, Moll, you b - h, light me, let my neighbours see I have not murdered you yet. A fortnight to-morrow I opened my shop about nine in the morning, I heard Mrs. Collins beating the child; the child cried out, dear mistress, pray mistress, don't beat me. The last time I saw the child was last Wednesday fortnight: Mrs. Collins bought some fish at the door, the child came to the door with a dish to put them in.

M. Anderson. I live in Wingfield-street; last Saturday se'nnight I was coming along, about 5 minutes after 9 o'clock, I heard the child cry, dear mistress, pray mistress, don't beat me no more, for if you do you'll kill me; I poak'd my head in at the prisoner's door; I said, mistress, that is none of your child, if it was you could not use it so; I saw the child lie on the ground towards the back door, she was beating it with a stick, the stick about as long as from my fingers ends to my elbow; I saw her strike her three or four blows; she said to me, d - n you, you b - h, if I have a mind to kill her it is nothing to you.

Q. Where abouts did she strike her?

M. Anderson. To the best of my knowledge it was over her shoulders. Mrs. Collins child came and pushed the door in my face, and I pushed it open again, then Mrs. Collins came herself and shut it; I said to her, you are a very barbarous woman, you deserve hanging.

Q. Did she make any answer to you?

M. Anderson. She said, d - n you, you b - h, what is that to you.

Elizabeth Dowley . I lodged in Collin's house, I came there five or six months ago; my business is out of the house; I have heard the child cry out every night almost; I gave the child a mess of peas pottage, 3 weeks ago last Sunday; the mistress went and beat the girl, and then came up and mobbed me for giving her the pottage; she said, I don't give you thanks for giving my apprentice peas pottage; I did not see her beat her, but I heard the child cry out; I have seen the poor child eat cabbage leaves and candles.

Elizabeth Cotton . I am one of the searchers belonging to Christ Church, Spitalfields. On Tuesday was se'nnight the 9th of December, Mrs. Collins came to my house, and I was not at home; she left word for me to come and search the child; I went between six and seven o'clock; when I came there, Mrs. Collins was not at home; I could not see the corpse, so I went on the Wednesday, a little after nine in the morning; Mrs. Collins was coming out of the room where the child lay; she said, pray walk this way; the room was very dark, I said, push the shutter open; her son opened it a little; he held the lid of the coffin a little way off the face; I took off the face cloth, I saw no marks on the face; I called for more light, then they opened the shutter a little more; then I stripped the shroud off to the hip bone; it looked very mottled, as is usual in convulsions; upon the two legs were scratches, three upon each leg, about an inch long; I asked Mrs. Collins what it was, she said she supposed she had scratched her legs on her sitting by the fire; I saw nothing more that night. On the lie of the coffin was Mary Hobbs , aged ten years. Mrs. Collins, her son, and I, went into the back room, and brought me a half guinea, and wanted 6 d. out of it to pay for the ground 10 s. she said she would have it buried on the Wednesday night if she could, if not, Thursday night would do. About three hours after that I was sent again, and told the child was murdered; my partner and I went together; the child was taken out of the coffin, and laid on a bed quite naked; Mr. Cobb was there; on the left cheek and eye-brow were black and blue, and the right arm was all raw, as if a blister I'll been upon it; from the elbow to the wrist, it was very black; the carcase was in a very poor condition to be sure. I examined it all ever.

Q. Whether you observed any marks on the shoulder?

E. Cotton. On the left side the shoulder were two strokes, as if it had been struck with something; it seemed red on the left shoulder like a pair of horns; the bowels over the belly was very green, as is common with convulsions; the back seemed mottled as if the blood had settled, but not like any marks of violence.

Cross examination.

Q Did she appear to be in any particular haste to have the body buried?

E. Cotton. No, she did not.

Q. Is not it common to have the check black and blue in convulsions.

E. Cotton. No.

Mr. Edington. I am a surgeon; I was called in to examine the body on the Thursday, about nine in the morning; I found on each arm a little erasement on the skin on the left arm, which I imagine of no consequence; the right arm from the elbow to the fingers was in a state of mortification; there were marks of violence upon the elbow, which seemed to be bruises, which I imagine was the occasion of the mortification.

Q. Was there one or two bruises?

Edington. Only one bruise; the skin was broke, there was no swelling.

Q. Did you not open the part?

Edington. No, I did not; as it was mortified, I apprehend it would have made no discovery; from the appearance, it is my opinion that bruise was the occasion of the mortification.

Q. How long might that have been before it produced a mortification?

Edington. That is impossible to tell; the shortest time is in 48 hours; that depends upon the habit of the body of the party.

Q. Will the mortification be longer in coming on a strong healthy person, than a poor weak person?

Edington. I imagine it would; the skin was off on the upper part of the nose, which was the cause of the blackness of the left eye; there was a little scratch upon the left side, and black and blue spots on the legs, which had the appearance as if they had been blows given by a stick, or something of that kind. I opened the body, and found the internal parts in a fair natural state; the stomach and bowels seemed particularly empty, more so than I had observed any before. I am of opinion, that the mortification was the immediate cause of her death; it seemed to me she might have recovered of the injuries she received, if the mortification had not taken place. I could perceive no bruises to occasion a mortification, except that on her elbow, and that might be by a fall or a blow; I am of opinion it was occasioned by some injury it had received, for where they come by blows or falls, there is an inflammation attends it. Mortifications generally come on by blisters; it had the same appearance as a blister.

Cross examination.

Q. Supposing from a bad habit of body, if there is any sore, their handling it, will not the repetition create an inflammation?

Edington. It may bring on a slight inflammation.

Alice Stemson. I lodged in Mrs. Collin's house, I came there the last time, on the Thursday before the child died; when I came in on the Thursday night, the child was very much altered; I went out on the Friday to my work, and came home about seven o'clock; Mrs. Collins called me down; the child was washing in the kitchen; she said she had a heavy hand with the child, it had fouled itself; I said to the child, are you in your right senses, how came you to do so; it made no answer. I saw the right-hand had a swelling; I asked it how it came by that; she made no answer. Mrs. Collins said she fell betwixt the two beds over the hair-broom; she said to the child, did you or did you not: the child said, yes. On the Saturday night when I came home, Mrs. Collins came up betwixt six and seven o'clock, and asked a man there to fetch a pennyworth of syrup of saffron; I added, and treacle-water; she said, no: I went for the syrup and brought it to Mrs. Collins; she said it was for the child; the child had been in bed all day; I said I should like to see the child before I went to bed; she said it was in a breathing sweat, and did not care to have it disturbed, so I did not see it, and never heard no more about it till I heard it was dead, which was on the Wednesday; I heard it at Rag fair, before I came home.

Q. Did you ever ask how the child did before the time you heard she was dead?

A. Stinson. No, I did not.

On her cross examination she said the child was a weak sickly child, that the child had owned to her she had stole a ribbon; that the prisoner used to strike her with a small cane only; and that she never saw her use the child with any violence; and that by the words between the two beds, she meant the two bedsteads.

Joseph Shepherd . I am son to the prisoner; I lodge in Seething-lane, and am a carpenter; I went to my mother's house on Sunday the 7th, a little after twelve o'clock; my mother told me the girl was dead, and desired me to get a coffin; I looked at the child, and saw a mark on the face; my mother told me that was done by a fall she had had over a broom, betwixt the two bedsteads. On the Monday at noon I went to Mr. Creswell's, an undertaker, and saw his wife, and bespoke a coffin, and ordered the child's name, Mary Hobbs , to be upon it, which was done accordingly. I never saw my mother use the child ill; I lived in the house within a fortnight of the child's death; I was a witness the child had always a belly full; there was always a supper provided against I came home, and the child used to eat her supper at the same time; the child was guilty of pilfering; I was there when the searcher was there, and opened the window according to her desire; there was no design to conceal the child from inspection, or to bury it privately.

John Howes . I worked in the prisoner's house four weeks, about twelve weeks ago; then the child was charged with taking a knife, a handkerchief, a quarter of an ounce of tea, and a pennyworth of sugar; the prisoner asked her what she had done with the sugar and tea; the child said she had eat them both; she desired to know what she had done with the handkerchief and knife; she said she had hid them in the dirt in the yard; they were looked for, but none could be found; still the mistress wanted to know where they were; she carried her from place to place, but they could not be found; the next day the mistress still wanted to know where they were; she would not tell; then I was to go up into the mulberry-tree; she said, do not hurt the child, only fright her, to tell where the things were; then Mr. Cobb called out at his window, and said, what are you going to murder the child; the child was set up between the branches of the tree, but I was not up in it, I was upon the ground.

Robert Burroughs . I worked in the prisoner's house; the deceased girl used to wind quills for me; I never saw her use the child ill, only by beating her when in a fault with a rattan.

Q. Did you lie in the house?

Burroughs. I did.

Q. When did you hear of her death?

Burroughs. I never knew of it till the mob was about the door on the Wednesday.

Q. Did you hear of the girl's being ill?

Burroughs. Mrs Collins came to me on the Thursday morning, and desired me to go for a pennyworth of oil of Gilead to bathe the child's arm, it was swelled; I observed it was swelled, so she could not turn the wheel; the prisoner said the girl had tumbled over the broom between the beds; and asked the girl if it was not so, and the girl said, yes, it was; I went and brought the oil in a tea-cup, but did not see the girl.

Q. When did you see the girl last?

Burroughs. I saw her on the Friday at her work, and I never saw her on the Saturday, Sunday, Monday, or Tuesday, till I heard she was dead, by the mob, on the Wednesday morning.

Q Did you see the prisoner on the Wednesday morning, before the mob came to the door?

Burroughs. I did not; I was in the kitchen, but I said nothing to her, or she to me, about the child.

Q. Did you hear any outcry by the child on the Saturday?

Burroughs. No, I did not.

William Addis . I live about a stone's cast from the prisoner, and work in her garret; I heard the prisoner ask the deceased whether she ever struck her, as I was coming down stairs, and they were following me, and the deceased said, no

Q. Did she mean whether she had struck her up stairs, or that day, or when?

Addis. I do not know.

Q. Was the child crying?

Addis. No.

John Shepherd . I went to my mother's (the prisoner) last Sunday was se'nnight, about 3 o'clock; my mother told me the child was dead; when I came to look upon the child, I saw a swelling on its face; my mother told me the child had tumbled over a broom between the two bedsteads. I know she always had her belly full of victuals; I never saw her use any cruelty towards the child.

Q. to Edington. From what you have heard concerning the child tumbling over the broom, do you think that might occasion that hurt on the elbow to cause the mortification?

Edington. That might occasion it.

Prisoner's defence.

I am innocent of all that has been said against me; I have had several children of my own, I never used this child worse than my own.

She called William Bennet , Mr. Greenaway, John Ricks , John Saunders , and Samuel Newton , who gave her a good character; and Mrs. Creswell deposed the son came publicly and bespoke the coffin, and ordered the child's name to be put on it.

Acquitted .

8. (L.) Timothy M'Namara was indicted for stealing a wolf's skin, value 5 s. the property of persons unknown, Dec. 10 . ++

John Austin . I am a gangsman on Bear-key. On the 10th of Dec. we had some skins at that key; they were opened; I saw the prisoner on the key at that time, he was afterwards stopt about 20 yards from the key, with this wolf's skin; (produced in court) when he was brought to me, I asked him how he came by it; he said a man dropped it and he took it up; I said that was not true; then he went down on his knees and cried, and said, if I would forgive him he would never do so any more; there were such sort of skins as these opened, lying on the wharf.

Prisoner's defence.

I was coming along the key and picked the skin up, and a gentleman that was coming by took and brought me to Mr. Austin.

Guilty . T .

9. (L.) Patrick Carroll was indicted for stealing an hundred pounds weight of sugar, value 25 s. the property of Alexander Cluney , December 3 . ++

J. Wylde. I am watchman to Mr. Alex Cluney , upon Smart's-key and Dice-key; I had a lighter of sugar that belongs to him at Smart's-key ; I went to see if all was safe, and found the prisoner under the tarpaulin, on the 3d of this instant, about four in the morning, and I found two bags filled with sugar under the tarpaulin also; after I had secured him, I found one of the hogsheads was broke open, and above a hundred weight of sugar taken out.

Q. Did you know the prisoner?

Wylde. I never saw him in my life before.

Prisoner's defence.

I had been to see a brother who was a Barking fisherman; there came three young men and desired me to go with them for a bag of sugar; I had not been there above a minute before the man came; then they desired me to get under the tarpaulin.

Guilty . T .

10. (M.) William Sutton was indicted for robbing William Segerly on the king's highway of a silver watch, value 40 s. Sept. 9 . +

William Segerly . I live in Prince's-street, Drury-lane; my father and I were coming from Clare-market, on the 9th of September, about seven minutes after eight o'clock; there were the prisoner and two others drinking at the Crown door, in Stanhope-street ; they asked my father to drink with them; they were not acquainted with him; my father being a little in liquor he drank with them; this was in the street; we all went away together; when we were about half way up Stanhope-street, the prisoner asked my father what o'clock it was; my father said to me, tell the gentlemen what o'clock it is; I looked at the watch, and told him; when we came to a dark passage at the bottom of Prince's-street, the prisoner asked again, saying he must be at home by nine; I went to pull out my watch; one of them took it out of my hand and ran away with it; I do not think that was the prisoner.

Richard Segerly . I am father to William Segerly , I know no more than what he has related.

Acquitted .

See the trial of Upton for the same fact, No 497, in the last Mayoralty.

11. Alexander Case was indicted for stealing two haunches of venison, value 40 s. two sides of venison, value 20 s. and one basket, value 6 d. the property of John Richardson the younger, October 5 .

No evidence was given.

Acquitted .

12. (M.) John Cadbury was indicted for stealing one chaldron of sea coals, value 26 s. the property of John Walton and William Slade ; and 12 bushels of sea coals , the property of persons unknown, Nov. 13 . ++

Daniel Hart . I am a lighterman; the coals were lost from Wapping dock , about one in the morning, on the 12th of November; I was informed of it, and went and saw the prisoner in the watch-house, and saw the coals in a boat at Bell-wharf; they told me they had taken the coals out of a lighter at Ratcliff-cross; then they went to another place and took more; then they came to Wapping-dock and took the barge away, and endeavoured to drive her down into Limehouse-reach, and got on board a tier of ships at King Edward's stairs, and there they were detected with the boat, with coals in her, by the side the barge.

Alexander Gowdey . On Thursday morning the 12th of November, I went to see for the barge and it was gone; about two in the morning I took the boat and rowed down, and saw the two prisoners jump out of my master's barge; I stopped them; there was about a chaldron and a half of coals in the boat; they threw coals at me; I drove with them from New Crane to Ratcliff-cross; there were men coming that I knew; they assisted me, and we took them into custody; then they confessed they took the coals out of this barge, there and before the Justice; the coals belong to Mess. Walton and Slade; they would not tell where they took the rest they had.

The prisoner said nothing in his defence.

Guilty . T .

Note, There was Thomas George indicted with the prisoner, but being ill could not be tried.

13, 14, 15, 16. (M.) George Hindes , John Dyer , Philip Farrell , and Eleanor his wife , were indicted for ripping and stealing six iron rails, value 5 s. the property of Mary Lucas , spinster , the same being fixed to her dwelling house , Oct. 26 . ++

Mary Lucas . I live at Islington , and am a housekeeper ; I can only say the bars belong to my premises; I missed them the 26th of October; there were six of them; they were taken from before the house; they were fixed into store work, about five feet high; the top rail is fastened to the house.

William Church . I am a watchman in Islington; I met these four prisoners betwixt three or four in the morning on the 26th of October; I asked them what they were upon. They desired to know whether I chose to have my head knocked about or not; when I had cried the the other end of my walk he turned again within about a hundred yard of Mrs. Lucas's, Hindes had got three bars; I asked him what he had got there; he said he had got nothing, and threw them on the ground, and made off; I took them up; then one of the other said, the watchman has got them let us go back and knock him on the head, and take them from him; with all my heart, said the other, but he has got a good stick in his hand; then they walked off; I went to the other watchman, we went to see for them, but did not see them, till I got in at the Blakeney's-head; there they all four sat; Farrell looked at me and said, have you a mind to have your ears pulled; I said, what do you mean by that; I went out and sent for a constable: Dyer followed me directly; I took hold of him, and said he should not go yet: I took him in and set him down, and said, the first man that stirred I'd knock him down; the constable came; we took them all to Bridewell; then the woman said, let me go back, and I'll shew you where there are three more bars, under a cart or a waggon by a public-house; we secured them, and according to her directions found the other 3 bars. Dyer said, going along, some shall answer for this if I get my liberty; the woman said to Dyer, swear the young man that assisted me was a confederate with us: we carried the bars to Mrs. Lucas's house; there every bar fitted the place they were taken from, (the bars produced and deposed to.)

John Barley . I was at the taking the prisoners at the public-house, and at the finding the three rails under the waggon.

Timothy Fly . I helped Church to take the four prisoners; I heard the woman give an account of the three bars.

Hindes's defence.

I had drank some liquor, and did not know what I was about.

He called Henry Handy , Norris Lambeth , two copper-plate printer's, who said he was of the business, and gave him a good character.

Dyer's defence.

I was locked out of my lodgings, and I met the other three prisoners in the street, being much in liquor did not know what I did.

He called William Cleaver to his character, who said he knew but little of his character.

Farrell in his defence acknowledged he went to Islington with the other prisoners, that Dyer and Hindes went on to Highbury-barn, and left him and his wife near Islington church, and on his return home Dyer overtook him with three bars on his shoulder.

Hindes, Dyer, and Farrell, Guilty . T .

Eleanor, Acquitted .

17 (M.) George Wallis was indicted for stealing one wooden chest, value 12 d. a woollen coat, a waistcoat, a pair of breeches, value 2 s. two shirts, value 2 s. six stocks, value 6 d. three pair of hose, and a pair of linen sheets , the property of Thomas Fleming , Oct. 19 . +

Thomas Fleming . I live in St. Martin's-lane , I am a watchman ; the prisoner lodged at my room; I let the prisoner lie in my bed on nights when I was out, he lay there the 17th, 18th, and 19th of October; I left him in bed, put out the candle, and locked the door, and took the key with me on the 19th, and I came home the next morning and found him in bed; I lay down on the bed by him; I had locked the door, and laid the key in the window; I awaked betwixt six and seven, and found him dressed ready to go away; I got up, and missed my box with some of my things in it, under my bed, it was removed; I lifted up the bed and found it was broke open, and some things were taken out; I challenged him with taking them; he denied it at first, but when I said I would take him before the Justice, he said they were still in the room; he took them from behind the curtain, tied up in a table-cloth; he got off while I was looking at them; I missed the key of my room.

Q When had you seen your box last?

Fleming. I saw it when I went out upon duty that night, and the things in it; on the 22d of October, about nine at night, I had been to the watch-house; I came back in five or six minutes. and found my room door open, and the key in the door; I found my chest was taken away; that was safe when I went to the watch house; it was about a yard long, and three quarters wide, and about a quarter of a yard deep; I suspected the prisoner; there was a coat and waistcoat, three shirts, and some stockings. On the 1st of November he was taken up in Brown's-garden, and put in the watch-house. I hearing there was a Black there, I went and found it was him; I desired him to tell where my things were; he acknowledged that he had taken my chest; he said he had sold the coat and waistcoat in St. Giles's, and pawned the shirt near Golden-square, and the chest was broke at his own lodgings; I went with him, there he delivered it; then we went and found the coat, waistcoat, and shirt as he had said; (produced in court, and deposed to.)

Mr. Pickering deposed to his buying the coat and waistcoat of the prisoner, some time about the 26th of October.

Benjamin Fryer , a pawnbroker, deposed, he took in the shirt of the prisoner on the 27th of October.

Prisoner's defence.

I bought the coat and waistcoat in Monmouth-street, there was another Black with me at the time, but he is not here.

Guilty . T .

18. (M.) Anne Castle , spinster , was indicted for stealing one man's hat, value 3 s. a cloth coat, value 2 s. a pair of leather breeches, value 1 s. a pair of worsted breeches and two shirts, value 2 s. the property of Christopher Warren , Nov. 7 . ++

Christopher Warren . I a chairman , my wife sells milk, we live in a cellar in Hare-street, Piccadilly ; the prisoner was my servant ; she staid out all night the Sunday, and the next morning I missed the things mentioned in the indictment; she came home the next morning; I charged her with taking them, she would not own to any thing; I went and got a warrant for her, then she confessed she had taken them, and carried me to the places where they were.

John Hill , a pawnbroker, produced a pair of breeches, two shirts, and a coat, which he took in of the prisoner, on the 8th of November, and 27th and 30th of October; (the goods produced and deposed to by the prosecutor.)

William Blaney , a pawnbroker, produced a pair of breeches and a hat, which he took in of the prisoner on the 7th and 16th of November.

The prisoner in her defence said, her husband ordered her to take them. The prosecutor said, when with him, she went for a single woman.

Guilty . T .

19. (L.) Eleanor Fox , spinster , was indicted for stealing a silk gown, value 5 s. a silk petticoat, value 2 s. a woollen blanket, value 3 d. and a silver tea-spoon, value 1 s. the property of Barney M'Kernon , Oct. 27 . ++

Margaret M'Kernon . I am wife of Barney M'Kernon; I lost the things mentioned in the indictment, eight weeks ago last Friday, out of my apartment in Poppin's-alley, near Fleet-market : I trusted the prisoner in my room; I went out to get a bit of bread, by crying things in the street, and when I came home, she was gone, and the things: the constable took her the next day in Church-street, St. Giles's, and all the goods upon her; (produced and deposed to.) I had seen them that very day they were missing.

Thomas Watts . I am constable; the woman came to me to take up the prisoner; I took her in Church-street, St. Giles's, in a lodging; she had the things with her; she owned before the Justice she did take them.

The prisoner said nothing in her defence.

Guilty . T .

20. (M.) Joshua Jacobs was indicted for stealing a handkerchief, value 10 d. the property of Henry Blomart .

The prosecutor was called upon his recognizance, but did not appear, for this reason, he was dead.

Acquitted .

21, 22. (M.) Henry Webley and James Mendin were indicted for stealing a walnut-tree tea-chest, value 2 s. and six silver tea-spoons, value 4 s. the property of Andrew Strouther , Sept. 24 . ++

Andrew Strouther . I live at Kensington-gore , am a gardener . On the 24th of September I lost the tea-chest and six spoons; they were brought to the Dun Cow the same day.

Charles Spike . I am a carpenter. On the 24th of September I was drinking at the Dun Cow; the prosecutor's wife came and told us she had lost her tea-chest; we went after the persons; I took towards Brumpton, and was informed they had gone by there, and offered it to sale; we went to the water-side, and found the two prisoners in a boat, going towards Westminster-bridge I made the waterman come back, he was gone off about 20 yards; he came back; I then secured the two prisoners; they had the chest and spoons about them; they said they had eat the sugar; (the chest and spoons produced and deposed to.)

Prosecutor. They were taken from out of a room on the ground floor.

Webley's defence.

I found the things in a ditch on this side Kensington turnpike; I went and asked several people if they had lost a tea-chest; I went into the woman's house to ask, but there was no body at home; I took the spoons out in sight of the door, and carried it openly in the street; then I was going down by water, and this man called and stopped us.

To his character.

Joseph Hartley . The prisoner is my brother-in-law; I have known him four years, he has lived honestly as far as I know.

Hartley's wife, sister to the prisoner, said she knew no ill of him, that he lives with her in Castle-street, Piccadilly.

Mendin's defence.

I was going to work, I stopped to do my occasions, and found this chest in a ditch; I am but 12 years old.

Both guilty . T .

23. (M.) Joseph Trout was indicted for stealing a 36 s. piece, 2 moidores, 21 guineas, 8 half guineas, 2 quarter guineas, and a crown piece, the property of John Reed , in the dwelling-house of John Turner , Oct. 16. *

John Reed . I have been a servant all my lifetime. On the 16th of October, about eleven in the morning, I met a man named James Gawler , in Holbourn; he pretended to be a countryman of mine; he asked me where I came from; I said, from Newbury; he asked me if I knew such a man at Spinham-land; I said I did; then we went and drank together; he took me from one house to another, not liking this and the other house; in the last house but one we met with Trout and Manwaring; then we went to the Shoulder of Mutton and White Hart in Brooks-market; in discourse Manwaring said, you countrymen, you cannot all of you produce so much as 40 l. he pulled out a purse of what I thought to be guineas, and said he was just come from the East-Indies; he said he had received 150 guineas, and should receive 300 more; a wager was soon laid, of half a guinea, that amongst us we could not produce 40 l. the prisoner took me by the shoulder, and said, what money have you?

Q. Did you know him before?

Reed. No, I never saw either of them before the prisoner said he had six or seven guineas, and if you can raise any, Gawler can make it up; I went to fetch mine from my lodgings, and Gawler went with me; I produced 31 l. 15 s. 6 d. there was a 36 s. piece, 2 moidores, 21 guineas, 8 half guineas, 2 quarter guineas, and a crown piece; after it was told upon the table, the prisoner said, that is enough, he will yield the wager lost.

Q. Did the prisoner or Gawler produce any money?

Reed. No, they did not.

Q. What time of the day was this?

Reed. This was about two in the afternoon; while my money was on the table, I went out to make water, and when I came in again, my money and they were all gone.

Q. How long did you stay abroad?

Reed. I did not stay out above three or four minutes.

Q. Was you sober?

Reed. I cannot say that I was.

Q. Were there any body else in that room?

Reed. No, there were only us four; then I went out, and sat in a shoemaker's stall, after the landlady told me the liquor was paid for.

Q. When did you meet with the prisoner afterwards?

Reed. I met him in Cheapside, on the 20th of October, about ten in the morning; he knew me, and endeavoured to shun me; I ran after him from Cheapside to St. Martin's le grand; there I took him myself, and got him to a constable; the prisoner asked me what I wanted; I said, you are one of the men that robbed me of so much money: there were some linen drapers asked me what money I had lost; I told them as I have here; I described the crown piece, by being bent a little on the edge on one side; the prisoner pulled out seven guineas, one 27 s. piece, and a crown piece, such a one as I described; I knew it to be my property; it had been my mother's, and I had carried it in my pocket ten years; (the money produced in court.) This crown piece is my property; at that time the prisoner said he never was in my company, but before Sir John Fielding he owned he had been in my company: as soon as I mentioned what money I had lost, he fainted away, and fell back into a chair.

Cross examination.

Q. Did you not play at a game called hussel-cap, and lose 17 s.

Reed. No, I do not know what that is, I never play'd for a farthing.

Q. Was you in at the Blue Lion?

Reed. I was in at two or three houses, I do not know the signs.

Q. How far did you go when you went out to make water?

Reed. I turned on the left hand to a gate-way.

Q. Did you not sleep in the cobler's stall?

Reed. I might, for about an hour; I believe I had missed my money before I went in there.

Q. What did you say to the landlady when you went into the alehouse again?

Reed. I said to her, when she told me they had paid the reckoning and were gone, that I had left above 30 l. upon the table; this was the same minute I went in.

Q. Did not you tell her different stories?

Reed. All I said was, I had lost about or above 30 l.

Q. How came you to go and fetch the money?

Reed. Gawler took me to the door, and said, come along, you may soon fetch it; so I went for it.

John Casson . The prosecutor delivered the prisoner and money into my charge the 20th of October, about eleven in the morning; he gave an account he had lost 31 l. 15 s. 6 d. and described a crown piece, by saying it was a little bent on one side; such was the crown piece the prisoner produced with the seven guineas and moidore; the prisoner said, he had never seen the prosecutor before.

Cross examination.

Q Did the prosecutor always mention one sum?

Casson. He never varied in that; he said he put it down on the table, and went out for about three or four minutes, and when he came in, the men were all gone, and his money too.

Prisoner's defence.

I leave it to my council.

Court. Your council cannot speak for you; you must do that yourself, if you have any thing to say.

Prisoner. I know nothing at all of the money, not the least in the world.

For the prisoner.

Eliz. Turner. My husband keeps the White Hart and Shoulder of Mutton alehouse, in Brooks-market; there were four men came into our house; I really cannot say the day, it might be some time in October; they went out, I thought they all went away together; one of them came in, and said, he had lost his money; at first he said he had lost upwards of 40 l. then 35 l. then 25 l.

Q. Was he drunk or sober?

E. Turner. He was in liquor; he said he had laid it down on the table, and the other men had taken it.

Q. What room were they in?

E. Turner. They were in a little room by themselves.

Q. Was you before the Justice, what did he say he lost there?

E. Turner. I was; there he said he lost upwards of 30 l. 15 s. 6 d.

Q. Look upon the prisoner, do you know him?

E. Turner. I do not recollect him; they were all strangers to me.

John Turner . I am husband to the last witness; I was up in my own room at the time; I never saw any of them till the prosecutor came back to my wife; then she called me down stairs; he told me he had lost upwards of 40 l.

Q. to Mrs. Turner. What liquor had they had?

E. Turner. They had had a shilling's worth of brandy and water; they paid me as they went out.

- Beckley. One day in October, about three in the afternoon, I was at work in my stall, and heard a young woman say to the prosecutor, who do you want; he said, I came out of the house, and I cannot find my way in again; she directed him; presently I heard a woman say, a man had lost his money; he came out and said to me, the men had ran away with his money; so I took him into my stall, and there he slept; I believe the first time he came out was to make water.

William Yates . I was in Mr. Turner's house when the prosecutor came into the tap-room; he said he had lost 40 guineas, or upwards of 40; after that, he said 30 and upwards; and at last he came to 25.

John Wilcox . I was coming through the gateway at Mr. Turner's, the man was giving an account he had been robbed; he first said three and forty guineas, then three and thirty, and thirty.

John Read . I heard the prosecutor say, he had lost his money in that house, 40 l. and upwards; one time he said five and thirty, and another time five and twenty.

John Shepherd . I have known the prisoner about four years, I believe he is a horse dealer; he always behaved well in my company: he bears the character of an honest man.

William Quarry . I have known him eight or nine years; I will trust him any time with an hundred pounds; I believe him to be an honest man.

Geo Smith. I live in Old-street; I have known him five or six years; he bears the character of an honest man.

John Strong . I have known him six or seven years; his character is that of an honest man.

James Barrow . I have known him four or five years; he is an honest man as far as ever I knew.

William Jackson . I have known him eight years; he is a very honest man.

John Palmer . I have known him almost two years; I never knew any thing bad of him.

Q. to prosecutor. Where is your lodging from whence you fetched your money?

Prosecutor. It is near Oxford Chapel.

Q. How came you to give different accounts of the sum?

Prosecutor. I did not; I never varied in my account; I had not been in London above ten days; I brought it up out of the country with me.

Acquitted .

24. (M.) Charles Mainwaring was indicted for that he, in company with John Gawler not taken, stole one 36 s. piece, two moidores, 21 guineas, eight half guineas, two quarter guineas, and a crown piece, the property of John Reed , in the dwelling-house of John Turner , Oct. 16 . *

John Reed gave the same account as on the former trial, with this addition, that the prisoner was taken up on the 6th of November; the Justice sent for him; that he knew him again as soon as he came into the room, and went up to him, and said he was one of the men that had robbed him; and that there were a parcel of counters found upon him like guineas, in a green purse, which purse he deposed to, as the purse his money was in; that the prisoner at first said, he never saw him in his life; but at last before Sir John Fielding he did own he was in his company.

Prisoner's defence.

I never saw the man in my life before I was at Sir John Fielding 's; I was taken up through malicious people for a robbery; this man came in and said he had lost some money; he said, after looking about, he did not know nobody at all; one of Sir John's people pointed to me; then he came up to me and opened my surtout, and looked at me; I said, what do you look at; he said nothing at all; I said, do you know me: he said, no, then he went to the bar and swore that I was the man.

He called four men to his character, but none appeared.

Acquitted .

25. (M.) Robert Brewster was indicted for stealing 200 pounds weight of muscovado sugar, value 20 s. the property of Thomas Richardson , Oct. 9 . +

Thomas Richardson . I am master of a ship lying in the river at Bell wharf , near Ratcliff-cross , loaded with sugar, rum, &c. a Jamaica man; I was informed the prisoner had robbed me; I cannot recollect the day of the month, it was some time in October.

Q. Did you ever see the prisoner on board?

Richardson. No; neither could I tell there was sugar missing, till I came to have my freight collected.

Cross examination.

Q. How did the prisoner say he came by the sugar?

Richardson. He said he bought it of Dix, my first mate.

Q. Was Dix before the Justice?

Richardson. He was.

Q. How came you not to charge Dix?

Richardson. I did; and said if he would let me know who bought the sugar, I would take his word and not send him to Newgate.

John Smith . I was second mate on board this ship; in the month of October, two or three days before we went into the dock, before the sugar was all unloaded, I was in the hold, and the prisoner came down and staid about a quarter of an hour, and went up again; after that he came on board again, and carried away some sugar in bags: that was about seven or eight at night; some of the ship's company and Custom-house officers helped him to put it into a boat; they called it sweepings; it was some clean and some dirty.

On his cross examination he said, he informed the captain of it about nine days after, that he believed he bought it of Dix; he heard him tell him afterwards it was a very dear bargain, he could not get six-pence by it.

Robert Crisly , a mariner on board gave the same account, with this addition, he saw the prisoner pay Dix three guineas for the two bags of sugar.

Prisoner's defence.

It was sweepings; I bought it of the chief mate, after the ship was cleared.

For the prisoner.

Henry Prior . I was one of the surveyors on board this ship. On the 9th of October, when we had cleared the ship, there were some dirty sweepings, we never gave ourselves any concern about them; there might be to about the amount of 250 pounds weight; it has always been the custom of the chief mate to dispose of them, if he thinks them worth his acceptance, if not, the boys take them; this dirty sugar was in a vessel or two; I left Mr. Crow there after the sugar was cleared.

William Crow . I am an officer belonging to the Customs, I was on board in charge of some wood; to the best of my knowledge, the ship was cleared of the sugar; the 8th or 9th of October the prisoner came on board that day about eleven in the forenoon, and asked the chief mate if he had any sweepings on board; the mate said there were some in the hold, if he chose to go down and look at them; he went down and came up again; they had some conversation, but what I know not; the prisoner said he would come again in the afternoon, when the ship was cleared; he came again about four or five, then the ship was cleared; the sweepings were taken out of two Irish beef barrels and put into bags, and the prisoner took them away; there were several casks of sugar in the first, second, and third tier had been stoved to pieces, and a great deal of sugar was out; the good was carefully taken up and put into the vessels they came out of, as neat as could be found, and the dirty was put into these barrels; it was dirty stuff that was scraped from the ceilings.

Henry Tilly , a Custom-house officer, confirmed the account given by Prior, with this addition, that he nor none of the officers received any part of the money as he knew of.

Alexander Daniel . I was the waterman employed to carry these sweepings from on board, in four bags and a half kit; there were chips and dirt among it.

Alexander Tombes . I saw it on board; there were chips and gravel amongst it, and no good sugar at all; I was by when it was taken out of the beef barrels; they were carried to a sugar baker, named Toulson.

Joseph Toulson . I am a sugar-refiner, and live at Cole-stairs; I bought about 200 and a quarter weight of sweepings of the prisoner, on either the 10th or 11th of October; I gave him a moidore for it; he said he had lost money by it; it was only fit for melasses.

He called John Scott who had known him 10 years, John Carsent 7, John Miller 10 or 11, Andrew More about 10, George Cuthbert 14, John Cliff 25, John Eastock 7, and Joseph Hosley 2 years, who gave him the character of an honest man.

Acquitted .

26. (M.) Daniel Hegan was indicted for stealing 200 pounds weight of muscovado sugar, value 20 s. the property of Thomas Richardson , October 6 . ++

This appeared also to be sweepings, and bought of the first mate, Dix, who was not taken into custody.

Acquitted .

27. (L.) Thomas Bradley was indicted for stealing a man's hat, value 3 s. the property of Robert Brown , Nov. 17 . ++

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

Robert Brown . I am a carpenter , and live in Holbourn . On the 17th of November the prisoner and three others came past me, as I was at the bottom of Holbourn-hill, going home, about eleven at night; the prisoner took my hat from my head, and threw it to another man; I ran after the other man, the prisoner after me, and knocked me down; I got up again immediately; seeing my hat lying by the side of a house, I made to it; he came again a second time, and threw me down in the channel; there came three gentlemen and took him; the watch was charged with him; he said to the watchman, don't hold me, I'll go with you quietly; he let him go; he got from him and ran through Fleet-market, and up some high steps; they followed and took him there; then he was carried to Wood-street Compter; I never saw my hat since.

Q. from prisoner. Was you drunk or sober?

Brown. I was neither; I had had a little liquor.

Q. from prisoner. Did I demand any thing of you, or put you in bodily fear?

Brown. No, you did not.

Q. Was you sober or drunk the next morning before the Alderman?

Brown. I was a little troubled about the affair, by being confined all night in the Compter.

Q. How happened that?

Prisoner. Because I charged him with an assault first of all.

Q. from prisoner. Whether you did not say if I would give you 6 s. for the hat, you would not prosecute me?

Brown. No, I did not.

Samuel Hughes . On the 17th of November I was turning down Fleet market from Holbourn-hill, I perceived Mr. Brown running down Holbourn-hill after one of these chimney-sweepers, (the prisoner is a chimney-sweeper) and the prisoner was running after Mr. Brown; he overtook him just opposite the Fleet-market, there he knocked Mr. Brown down; I went to see what was the matter; a chimney-sweeper took up a hat and ran up the hill.

Q. Had that man a hat on his head at the same time?

Hughes. He had a sort of hat on; I called to a watchman who turned him; then he ran down and through the Fleet-market; by that time Mr. Brown had recovered himself, then I told him where to find me, if I should be wanted to give evidence.

John Cowell . On the 17th of November, about a quarter before twelve at night, I saw Brown knocked down by some person, I know not who; I went up; Mr. Hughes was there; he told me Mr. Brown had lost his hat; I saw a hat thrown to another person; Mr. Hughes shewed me the person that did it; I seized the prisoner; taking him along by St. Andrew's watch-house, he made his escape; I ran after him, he ran down Fleet-market; one of his accomplices I believe joined him at the top of Turnagain-lane; coming upon Snow-hill, there I took him; the other man was I believe five feet ten inches high; he was a chimney-sweeper; he went off as soon as the prisoner was taken; after that I learned by the people at the watch-house, he came several times and peeped in at the window.

Prisoner's defence.

I am a chimney-sweeper by trade, and had that night been at work with a night cart; coming along I met the prosecutor running after three or four men in the highway, as if they were at football; he was challenging one and another with having his hat; he came to me and said, have you got my hat, and laid hold on my collar; I said, let me alone, I have not got it; he was going to strike me; I first charged the watch with him for striking me, and he after that charged me with this robbery; they took me towards the watch-house; I said, where is my antagonist; they said, never mind that, so long as we have you; I said, I will not go without him; I ran away down Fleet-market and up Turnagain-lane; they call'd, stop thief: a man came, I said I am the man they mean, I am your prisoner; there came my antagonist; we were both carried to the Compter, and the next day before Mr. Alderman Crosby; the Alderman asked him if he was drunk or sober; he owned he was in liquor. I am as innocent as the child unborn.

Guilty . T .

28, 29. (M.) John Frazer and George Thompson , were indicted, the first for stealing three quartern loaves of wheaten bread, value 1 s. 9 d. the property of Edward Wilson ; and the other for receiving the same, well knowing them to have been stolen , Oct. 23 . ||

Edward Wilson . I am a baker ; the prisoner Frazer was my apprentice ; I live near Leicester-fields ; I was informed he robbed me on the 23d of October; I watched him, and first saw him take two loaves out of the window, and carried them out of my sight; I found afterwards he had put them upon some other loaves in another place; I ordered my maid servant to go out of the way, that I might have an opportunity to catch him; he made an excuse to go and empty a dust-tub, which had some ashes in it; he took one loaf; I followed him at a distance with Thompson; he put the dust-tub against a post; I was upon him before he received any money for it; I asked him where the loaf was; he pointed to Thompson.

Q. What is Thompson?

Wilson. He is a taylor , and works in a stall; I found the loaf under a board in his stall; I took that and Frazer away; I said to Thompson, what do you give for these loaves; the boy said 7 d. they were 7 d. 1/4 at that time; Thompson said 7 d. at the same time.

Q. How old is the boy?

Wilson. He is about fourteen years of age; he has been apprentice about a year; I took him before the Justice; Thompson was sent for; there he owned he had had two quartern loaves before of the boy, and paid him a groat a piece for them; he said they were damaged loaves.

Mary Nash . On the 23d of October, between seven and night in the morning, the boy at the bar came and took a loaf out of the window (I am servant to the prosecutor) and set it on a basket; then he came to me for the ash-tub; he took the tub and loaf, and away he went; I told my master of it, and he followed him immediately.

Frazer's defence.

Mr. Thompson told me to bring him a loaf on the Wednesday; I did not on that day, so I took one, thinking my master would be angry that I did not, so I took one and carried it on the Thursday.

Thompson's defence.

The young man brought me a loaf, and desired to leave it with me till he called again; he did not call for several days; at last he called, and asked me if I wanted a loaf, and said, I should have it for a groat, which I gave him; three or four days after he brought another, and left it, which I gave him the same price for; that I think was on the Tuesday, and I think on the Friday following his master followed him; I did not handle it; he asked where the loaf was; the boy turned, and gave him it.

To Thompson's character.

Emerton I know Thompson; he lives in a court by St. Martin's church, and has a stall in Leicester-fields; he had two loaves, they were very much picked; what he gave for them I do not know, they were not saleable; they must certainly be second-hand, they were not fit to sell to a good customer; I have known him seven years; he has four children and a sick wife; he is a botch ng taylor, his character is very good in the neighbourhood.

Richard Perkins . I am a servant at a public-house; the boy at the bar came for two loaves, which he had left; he said they were in the cellar; the boy that received them of him was gone out; I went down and carried them up; they were picked in a very great manner; I shewed the people how they were picked.

Q. When was this?

Perkins. This was the Tuesday before Thompson was taken up.

Mr. Brady. I used to employ the prisoner Thompson; one time in particular I was going out, and in my hurry I left a 36 s. piece and half a guinea in my pocket, and sent my breeches to him to do something to them; and in the afternoon, when I came home, he was at my house, and brought the 36 s. piece and half guinea, and told me he found them in the pocket. I said, Thompson, you are an honest fellow; have you any credit; he said, no; I told him, he should go to my draper, and I would give him 10 l. credit; I look upon him to be as honest a creature as can be.

Ralph Fossey . I am a poulterer; I have known him six years, he is a very honest man.

John Kentley . I have known him 20 years; he worked with me between 10 and 11 years, no body could behave better.

James Gibson . I have known him twelve years; he is a very honest man, with a large family.

Mr. Taverner. I have known him about six years; he is a very honest sober man.

Richard Wilkins . I have known him eight years; he is as honest a man as any in the world.

Q. to prosecutor. Had you used to send the boy out with loaves to sell?

Prosecutor. I have.

Q. Have you trusted him to receive money for bread that you sent out?

Prosecutor. I have.

Both acquitted .

30. (M.) Daniel Coleman was indicted for that he, on the 13th of November , about four in the morning, the dwelling-house of Thomas Thirkell did break and enter, and stealing four cloth coats, value 40 s. two cloth waistcoats, value 20 s. one allapeen waistcoat, value 4 s. one stuff waistcoat, value 2 s. one pair of velvet breeches, one pair of cloth breeches, two pair of stockings, and a pair of flannel drawers, the property of the said Thomas, in his dwelling house . *

Thomas Thirkell . I live in Milk-court, near Carey-street , and am a taylor ; my house was broke open on the 12th or 13th of November before nine in the morning; I went to bed on the Thursday morning about four o'clock, having company that kept me up; my shop is in my garret; the room was laid open, so that the men could not go to work. the roof was repairing; neither I got any body that belonged to me were up in the garret on that Thursday; on the Friday I went up, in the forenoon, but missed nothing; I went out in the afternoon; when I returned in the evening, my wife asked me for the key, and went up, and missed some of the things which had laid on the shop-board; I went up, and found a square of glass was taken out, and the window open, and the things mentioned in the indictment were missing; then I went to the master bricklayer, and enquired the names of his servants, and after that to the master carpenter, to enquire after his men; I had all the workmen up, and the last that was examined was the prisoner; he was the person the most suspected. I got a search warrant, and went to his lodgings in Cow-cross, at the house of one Kelley. I desired a candle to search Coleman's lodging; he did not lodge in the house Kelley lived in but in another house, which I found belonged to Kelley; we searched, and found nothing there; then I insisted upon searching in that house where Kelley lived; and in a bed, where two children lay, in turning up the bed, (it was in a room below stairs) there lay the green allapeen waistcoat, a black cloth coat, a crimson stuff waistcoat, and a pair of black cotton velvet breeches; these were goods that were taken out of my garret. I told Mrs. Kelley she must go along with us; I took her to Sir John Fielding's office, and she and Coleman were committed to New-Prison; when we were in the coach I said to Coleman, you had better tell where the rest of the things are; he said, two coats and a waistcoat were pawned near Ludgate-hill, in Black-friars, and another coat at the bottom of Leather-lane I found the coat; and in Black-friars I found the two coats and one waistcoat; the prisoner owned he took the things a little after four in the morning.

Q. If the room was laid open, what occasion to break the square, or open the window?

Thirkell. The tiles were stripped off, but the ceiling under the tiles was found, so that he could not get into the room without opening the window; he owned he broke the square, and came in at the window; I asked him, if he had any body with him; he said he had no body but himself and the d - l; on the Monday he told me a different story; he said, there were three people concerned with him; that one of them broke the square, and opened the window, and went in, and brought the things out, and handed them to him. On the Monday the pawnbroker and soldier were before Justice Kelynge, and the things were all there; he was asked what he had to say for himself; he said, nothing at all.

Nicholas Simonds . I am a pawnbroker; I took in these coats and waistcoat of the prisoner at the bar on the 14th of November in the evening; I lent him 4 s. on one coat and waistcoat, and 8 s. on the blue surtout coat; (produced and deposed to.)

Thomas Barrow . I am a constable. He produced the things found in Kelley's house; (deposed to by prosecutor.)

William Richards , a soldier, produced the waistcoat, which he said the prisoner carried to him to have a lining put in it, (deposed to by the prosecutor.)

Daniel Kelly . I have known the prisoner six years; he lodged at my house about five days and a half; he lay in a house of mine, within two doors of the house where I live; he came to my house on the Friday about twelve at noon; he said, I want the key of my room where I lie; my wife was not at home; he went out and came in again; then he brought the things found in my room, (mentioning them) and said, Landlord, I give you these things to your charge, when I call for them I shall expect to have them of you; I said, very well, you shall have them when you call for them, I laid them on the bed where my children lie; they lay there about 29 or 30 hours; I never spoke a word to my wife or any body else about them.

Q. How did he say he came by them?

Kelly. He said he bought them in rag-fair for 12 s.

Q. How came they under the tick of the bed?

Kelly. I know no more of it than the child unborn.

Prisoner's defence.

I was going to work on Thursday morning; it was a foggy morning; there was a man had these cloaths; he said he would give me a pint of beer if I would hold them while he went to the necessary-house; I took them; he staid better than a quarter of an hour, and I was afraid of losing a quarter of a day, so I brought them home to Mr. Kelly's house; they were all bundled up together, then I went back to my work.

Kelly. I desire to ask your Lordship or the Jury, whether I knew any thing of these cloaths coming into my house or no; I do a great many things to get a bit of bread; I sell things and carry a chair.

Court. You are not charged with taking them.

To his character.

- Welch. I am a bricklayer; I have known the prisoner a year; he worked four months with me, and behaved as well as any man I ever knew.

Guilty of stealing only, 39 s. T .

31. (M.) Levi Harry was indicted for that he, on the seventh of December , between the hours of three and four in the night, the dwelling-house of John Brannan did break and enter, and stealing four cloth coats, value 30 s. four cloth waistcoats, and several other things , the property of the said John, &c. +

The prosecutor is a salesman ; he deposed his house was broke, and the things mentioned within were taken away; he advertised them; upon which, Mr. Alefounder came to him, and inform'd him he had taken some of them in of the prisoner at the bar; that the prisoner was taken, and before the Justice gave an account that he bought them of a man, whose wife they took up, but he was absconded; and that, by all the circumstances, the prosecutor did believe, the prisoner was not the man that broke his house or stole the things.

Acq.

32, 33. (M.) George Atkins and Thomas Atkins were indicted for that they, on the 10th of December , about the hour of eleven in the night, the dwelling-house of David Burnet did break and enter, and stealing one wooden till, value 6 d. and 40 s. in money numbered , the property of the said David. +

David Burnet . I keep a chandler's shop in Newtoner's-lane ; this day sev'nnight at night I was very bad, and went to bed, and left my wife and maid up; the next morning about 7 o'clock, when I got up, I found my cellar-door in the street broke open; there is a hole out of the cellar, where we can put pecks and half pecks of coals through into the shop, through which I make no doubt they came into the shop to the till; the lock to the cellar door was torn to pieces: I missed the till, and 40 s. in halfpence tied up in 5 s. papers, from off a shelf behind the counter. My boy told me George Atkins had been about the door over-night, and offered to shut the shutters up for them; the prisoners are brothers, and live at the next door to me; I sent for George down; I accused him with the fact; he went up stairs, and brought down some halfpence tied up in a cloth; he said there were 23 s. of them; he delivered them to the constable; some time after that we found his brother was concerned; we took him up, and he delivered some halfpence up; this was about 12 o'clock the same day; he said he was concerned with his brother, and what he delivered was part of my money.

Q. How old are the boys?

Geo Atkins . I do not know how old I am; my brother is going into 10 years of age.

Burnet. They both would have brought in an innocent person, which we found had no concern in it.

Q. Have the boys any friends?

Burnet. Their father is dead, and their mother is a very poor woman, that goes about buying kitchen-stuff.

John Henry . I am the constable; I heard the two prisoners confess they did the fact, and they delivered these halfpence to me (2 parcels produced in court); they owned these halfpence were the property of the prosecutor, and told us how they broke the door and got in.

The prisoner said nothing in their defence.

Guilty of stealing the money found only, which was under 40 s. T .

34, 35. (M.) William Johnson and William Walker were indicted, for that they, in a certain field and open place, near the King's high-way, on William Jarvis did make an assault, putting him in corporal fear and danger of his life, and violently taking from his person a silver watch, value 40 s. and 5 s. in money numbered , his property, Dec. 10 . ++

Will. Jarvis. I am a gardener , and live in the parish of Christ-church, Middlesex; last Wednesday I was at Kentish-town, at the sign of the Angler; I set out from there at about a quarter before 5 in the evening; just before I came out into the field, I met a gentleman; he said, Sir, I perceive you are going over the fields, there are 2 lurking Fellows in the way, which I did not like: I still went on, and about an hundred yards before I came to the bridge, I met an elderly man; the bridge is about the middle of the field, and about an hundred yards on the other side the bridge, I met the two prisoners.

Q. Which way was you going?

Jarvis. I was going towards Pancras; I perceived them when we were within about 20 yards of each other; Walker took a pistol from under his jacket; they came up to me together; Walker said, Sir, your money; gentlemen, said I, I have very little money, I hope you will not take what I have from me; Walker said, Sir, your life; I said, that will do you no service; then he said, your money or life directly; I said, gentlemen, if that is your resolution, I will give it you, and put my hand in my pocket, and gave him 5 s. it was 3 shillings and 4 sixpences; in my delivering it, there was a sixpence dropped on the ground; he seemed to show it to Johnson in his hand; then he put it into his pocket; I still stood in the same position, and so did they both, side by side; seeing me, he presented his pistol to me again, and said, Sir, your watch; I said, gentlemen, I hope you will not take my watch, I have had it a good many years; Sir, said Walker, your life then; I said as before, that will be of no service to you; then he said, your watch or life directly; then I took and gave it him; when so done, he pointed the pistol, and said go that way, that was to proceed the way I was going.

Q. What did Johnson do?

Jarvis. Johnson never said a word during the whole; he only stood by the other; I believe I went on about 30 yards towards London; then I began to consider what to do; I looked either way, and saw no body coming; then I turned back after them; then I began to think they might have laid themselves in ambush at the bridge for some body else; I went on, and saw nobody there; then I met the old gentleman that I had met before, with a little bundle under his arm; I told him I had been robbed, since I met him, by 2 men; said he, they just passed me; I said, will you assist me; he seemed not to be willing; then I went on, till I came to the Black Horse, and asked if any body had come there; they said no; then I went to the next public-house, and there enquired, and found no body; I proceeded down the town as fast as I could; I met a man, and said, have you met two men, I had been robbed by two men; then a young man near us said, Sir, I saw two men just now, they had like to have run against a ladder which I had; then we agreed to see if we could find them, and in our hurry we had overshot the Angler; another man seeing me going in, he pushed and went in with me; the prisoner Walker had just had a dram at the bar; the other was going to have one; Walker pushed towards the door; I had a pretty large stick in my hand; I struck at him, but missed him; I took hold of him, and said, if you stir you are dead, as you said to me just now, and challenged him with being the person that had just robbed me; he said, Sir, I acknowledge it, I am the person, and I will not resist in the least; I will surrender myself, and I crave your mercy; at that very instant Johnson was ready to come out; he was rather behind the door; Mr. Hale took hold of him; I said, down with him, knock him down, this is one, and he is the other; upon that Mr Hale kicked his heels up, and threw him against a settle; he was obstreperous, but in a minute's time the other two men came in and assisted Mr. Hale; we searched them; Johnson had the pistol upon him; it was taken from him in the house with some difficulty; he had hold of it at the time; Mr Hale took it from him; it was loaded two fingers deep; they had 4 s. and 6 d. upon them, which they said was all they had; the next morning a sixpence was found sticking in the ground edge-ways, where they robbed me; the watch and money were found upon Walker (the money, three shillings and three sixpences, and a pistol, produced in court.)

Q. When you first met them, did you see their persons, so as to be able to know them again, if nothing had happened?

Jarvis. Yes, I believe I could have known Walker again, Johnson rather held his head down; I knew them again when I found them at the alehouse; I am certain they are the two men that robbed me.

Q. What did Johnson say after he was taken?

Jarvis. He said very little, and cried; when we were in the coach, going to prison, Johnson desired he might be run through; he said we must both die, meaning Walker and himself.

Q. fro m Johnson. Whether I was not a-head of Walker, when you met Walker?

Jarvis. Johnson was rather first, but they stood a-breast, facing me, during the whole time.

Tho Hale . I am a butcher, and live in Kentish-Town; I saw the two prisoner enter the Angler ale-house before the prosecutor, about a minute or a minute and a half; Mr. Jarvis went by the door, and turned back to look in at the house; I went to the door, and we both went in together; Walker was coming to make his escape out; Jarvis struck at him with his stick, and took him by the collar; he surrendered himself up, and said I am your prisoner; Johnson was behind the door; he wanted to make his escape; I catched him by the collar, and struck up his heels, and flung him against the settle; Jarvis cried out all the time, Knock him down, knock him down; I had a sharp tustle with Johnson, till I had assistance; after that he was secured; I took the pistol from him; we took the watch and pistol from Walker; then we took them away to Justice Fielding.

James Harret . I was going along Kentish-Town with a ladder; the prisoners were going up the town; I delivered the ladder, and was going home; I met Mr. Jarvis; he told me he had been robbed of his watch and 5 s. by two men; I told him I saw two men just pass me; then he said, come along, we will follow and take them; we went along, and I was got past the house; he returned, and looking in saw the prisoners there; Mr. Hale and he had got into the house; I returned and went in; Mr. Jarvis had got Walker into a box, and Mr. Hale had got Johnson down; I assisted him, and saw the pistol taken from Johnson, and the watch and money from Walker.

John Pritchard . Mr. Jarvis told me he had been robbed by two men; I went along with him, to see if we could find them; we had past the public-house; he turned his head, and looked in, and said, here are the villains; we turned back to assist Mr. Hale, and he had got the 2 prisoners; we assisted Mr. Hale, and saw the pistol taken out of Johnson's left hand pocket; and I saw the watch and money taken from Walker, and a piece of window-lead; it was chewed together in a lump, to serve as a slug; we brought them to Sir John Fielding , and then to Newgate.

Q. to Hale. Where have the pistol and money been since?

Hale. I have had them in my custody ever since; it is now charged.

Johnson's defence.

I was coming along to London; on the other side Pancras I met this man (meaning Walker) I never saw him before in my life; he asked me for my money; I said I had none; then he insisted on my going along with him; he asked me if I had ever been at sea; I was very fearful of him all the way I came along; he stopped the gentleman, I never said a word to him, or him either, neither dare I go away, not knowing but he would fire upon me. When we came to the public-house he desired me to hold the pistol, while he got change to pay for a dram; I had forgot I had it about me; he drank a dram, and before I drank one the gentleman came in; they secured us both; I did strive to make my escape, not knowing the consequence; I came from India in the Clive Indiaman , with Capt. Allen; my relations live all in Cheshire.

Walker's defence.

I beg the mercy of the court; I am just come from sea; I came home from the coast of Guinea in the Phoenix; I have not been home 3 months.

Both Guilty . Death .

36 (M.) William Sutton was indicted for stealing a silver watch, value 4 l. the property of Thomas Hefernon , privately from his person , November 16 . +

Thomas Hefernon . I am an Irishman. On the 16th of November I was coming home, between one and two in the morning, to Castle-street, Long-acre; I was within 20 or 30 yards of my own house; I was going in at the Turk's-head to have a pint of beer; I was very much fuddled; there were two men came out and entered into discourse with me; one of them took my watch and ran away; I followed him, but he got off; I cannot recollect any of the persons; I advertised my watch, two guineas reward; after that I was sent for to Sir John Fielding 's, there I saw the watch and the prisoner; (the watch produced and deposed to.)

Q. Are you sure you had your watch in your pocket, when you was going in at the Turk's-head?

Hefernon. I am sure I had it when I was robbed of it.

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

Hefernon. He said he had won it at tossing up.

Mr. Brown. I am pawnbroker, and live at the corner of Bedford-street, in Halfmoon-street; the prisoner brought this watch to my shop and asked me to lend him two guineas and a half upon it; this was on the 17th of November; I asked him how he got it; he said he got it by tossing up, upon the ruins of St. Giles's; I turned to a book which I keep of every watch that is advertised; there I saw the watch advertised; I went to my next door neighbour in order to get assistance to secure him; in the mean time he got away; then I gave information of the watch to Sir John Fielding , by which means he was detected.

Prisoner's defence.

I got this watch by tossing up against another watch, upon the ruins of St. Giles's.

For the prisoner.

Thomas Nicholls . I am a sawyer, and live in Halfmoon-alley, Bishopsgate-street; the prisoner is a jeweller. Last Monday was a month I was on the ruins of St. Giles's; I saw a parcel of people got together; my partner said, Tom, here is Will Sutton, he was tossing up for a watch and won it, but I should not know the watch again.

Joseph Nicholls . I am a sawyer; I was with Thomas Nicholls at this time; it was on a Monday, between five and six in the evening; I saw two watches lying on the ground; they tossed up five out of nine; he won the other man's watch; the other man was a short man, with a curled wig.

Q. Was you in company with the prisoner the day before?

J. Nicholls. No, I was not.

Q. Should you know the watch again that he won?

J. Nicholls. No, I could not; the watches had both white faces.

Q. to T. Nicholls. Was you in company with the prisoner the night before.

T. Nicholls. No, I was not.

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

There was another indictment against him.

* See him tried, No 10.

37. (M.) Joseph Bea was indicted for stealing a silver watch, value 40 s. the property of Joseph Merry Mallard , privately from his person , November 10 . +

The prosecutor being a foreigner, an interpreter was sworn.

Joseph Merry Mallard . On the 10th of November, being Lord-Mayor's day, between twelve and one o'clock I was in Westminster-hall , there was the prisoner; he had pushed me backwards several steps; I thought it something comical, because the crowd was not so very great; but at last he gave a snatch at my watch chain, and one of the chains went over a button; then he gave a snatch towards my left side, and pulled it out of my fob with main strength, and put his right-hand behind him, as if he gave it to some person behind him; upon which I laid hold of him, but he had not the watch upon him; I can swear he was the identical man that took it.

Q. Did you see your watch in the prisoner's hand?

Mallard. No, I did not, but I felt it go out of my fob; I brought him before Justice Fielding, and got some papers printed and dispersed about, but I never saw my watch since.

John Quitten . I was in Westminster-hall on Monday the 10th of November, being kept for my Lord-Mayor's day; the prosecutor was with me; I know he had his watch at our going into the hall; when he said he was robbed, he laid hold of the prisoner directly; then his watch was gone, but I did not see it taken; the prisoner never owned he took it.

Prisoner's defence.

I know nothing at all about it; I went into Westminster-hall to see my Lord-Mayor; this gentleman said he had lost his watch; he looked about, and I trod upon his foot; he charged me with taking it; I went quietly with him out of the hall: I never saw the watch.

He called John Fryer , who had known him two years, William Ayre one year, Isabella Mansey six months, and Robert Char about a month, who said he was an Irishman, and of good character.

Acquitted .

38. (M.) Catharine M'Cartey was indicted for stealing a linen gown, value 12 d. one linen shift, value 12 d. and one pair of worsted stockings , the property of John Vandale , Nov. 19 . ++

John Vandale . I am a weaver , and live in Nightingale-lane . On the 18th of November at night, the prisoner came late and asked for a lodging; I let her lie there; she got up early on the 19th, and came down with her chamber-pot in her hand; she did not come in again; my wife soon missed the things mentioned; I went out and took her with my wife's gown on her back, and the shift in her apron; the stockings she had on her legs.

William Allen . I have lodged at the prosecutor's house ten weeks; I saw the prosecutor's wife's gown upon the prisoner's back; it was her common wearing gown, and I knew it; I know the stockings also to be the prosecutor's wife's stockings.

Prisoner's defence.

The man keeps a bawdy-house; I carried a young fellow there, and the bed was so nasty he would not stay; his wife lent me the things to wear.

Prosecutor. What she says is as false as God is true.

Q. Did she bring any body with her?

Prosecutor. She brought a man which she said was her husband, and she paid but 5 d. for her lodging.

Acquitted .

39. (M.) Peter Egerton was indicted for stealing a pair of linen sheets, value 5 s. one blanket, value 1 s. one brass candlestick, value 1 s. one pair of bellows, value 1 s. one bolster, value 1 s. and one stuff curtain, value 1 s. the property of Robert Porter , in a certain lodging room lett by contract , &c. Nov. 1 . ++

Margaret Porter . I am wife to Robert Porter ; we live in Banbury-street, St. Giles's ; the prisoner took a lodging of us near four years ago; he agreed to pay half a crown a week. On the 1st of November I went and knocked at his room door, he let me in; I missed the things mentioned; I asked him where they were; he said he would not tell me; I sent for a constable, and took him before Mr. Cox; he there would not tell, but insisted upon going to goal, and be tried.

Mrs. Townshend. I have seen the prisoner write many times; (two letters produced which the prosecutrix received, signed with the prisoner's name) I know there to be the prisoner's hand-writing; (they were read in court; in the first he desires the prosecutrix would accept his order upon his aunt Wheeler; one half the sum would redeem the things, and the other half to go to a former debt; in the second is a proposal to pay 1 s. a week, on condition she would set him at liberty.

Terence M'Ginnis. I am a constable; I received from the woman that passes for the prisoner's wife these things; (producing all the things mentioned in the indictment.)

M. Porter. His wife came to me with these things, desiring I would take them and discharge the prisoner; I consulted Justice Cox about it; he bid me not take them, but let him deliver them to the constable, so they were carried to Mr. M'Ginnis.

Prisoner's defence.

I have been an old lodger to Mrs. Porter, and had the privilege to make use of some of the things in the room when in distress, on condition replacing them.

M. Porter. I never gave him such liberty.

Guilty . T .

40. (M.) Robert Downing was indicted for stealing a cloth coat, value 5 s. a silver stock-buckle, value 5 s. and three guineas, the property of John Wood , in the dwelling-house of John Hickman , Oct. 22 . ++

John Wood . I am a servant to Miss Burroughs in Southampton-street; she lodges in the house of Mr. Stroud; I lodged in Duke-street, Bloomsbury, in the house of John Hickman ; I left my coat locked up safe in my box in my lodging, on the 22d of October in the morning, and when I came home in the evening it was gone; I looked at the lock and found it had been taken off, and was just tacked on with two nails, and ready to drop off; there was a little box I had left in it that also was broke open, and three guineas taken out, that I found flung behind some hampers in the room; I missed also a silver stock-buckle; I never saw the prisoner in my life before I saw him before the Justice. I never found my things again.

Mary Hickman . I am wife to John Hickman . On the 22d of October the prisoner came and agreed with me for a lodging, about ten in the morning; he said he should be there till May, and to have tea every morning; he was to have half a bed in the prosecutor's room; he told me he then lodged at the Red Lion in Holbourn; I told him I did not chuse to take any body in without a character; he came a second time and brought a bundle, about twelve o'clock; I gave him the key; he desired a pen and ink to write a letter, as he said to his mother; he went up, and staid about a quarter of an hour; I had not been for his character; he came down again and left the key, and pen and ink in the parlour on the bureau, I did not see he had any bundle away with him. I went to enquire his character, but could not find any such person that he recommended me to. The next morning Mr. Wood missed his things; I went up into the room, and looked about for the prisoner's bundle, and I found a bundle of hay-bands put behind a hamper; I saw no more of him till I saw him in Wood-street Compter on the 5th of November; I asked him if he knew me; he said he knew nothing of me; I said I knew him very well, he was the person that I wanted; I said, look at me again; do you not know Mrs. Hickman, where you left the hay-bands; he said again he knew nothing of me; here are the hay-bands; (producing a large quantity in a handkerchief) he had a great coat on, what he carried out must be under that.

Prisoner's defence.

I never saw these people in my life before.

For the prisoner.

(The witnesses were examined apart.)

Francis Scott . I am porter to my Lord Godolphin; I have known the prisoner ever since he was a child; he was put apprentice to a stay-maker; after his time was out he went to New England, and has since been about two years at home; he has since been with his friends in Norwich.

Q. How long has he been in London?

Scott. About half a year; he was going to settle in business; I never knew any thing of him, but a very honest sober man; he has been frequently at my Lord's house in the month of October.

Mary Winter . I live in St. Clement's-lane; the prisoner lodged with me a great while, all the summer; he lately came from abroad; he brought cloaths and 40 guineas.

Q. How do you know that?

M. Winter. I had the charge of it.

Q. How much of that 40 guineas had he left in October?

M. Winter. I believe 25 l.

Q. How much of it has he now?

M. Winter. He has none of it hardly now.

Q. What do you call hardly?

M. Winter. About 5 l. that is in my hands; no, it is not, but I owe it him; when he wants it he is to have it; he has had it at two guineas at a time, more or less.

Q. How much has he had since October?

M. Winter. He has had a good deal since October; that money was intended to set him up.

Acquitted .

(M.) He was a second time indicted for stealing a cloth coat, value 5 s. the property of Daniel Perryman ; and eight china cups, value 4 s. and six china saucers, value 3 s. the property of Henry Jones , Oct. 10 . ++

Anne Jones . I am wife to Henry Jones . On the 10th of October the prisoner came to me, (I live in Tash-street, Gray's-inn-lane ) he asked me if I had a lodging to lett; I went up and shewed him my room; we agreed for 18 d. a week; he said he should have have it till May; he said he was just come from sea; I asked him where I should go for a character; he said to Mr. Harris, at the Bolt and Tun in Fleet-street; then he went away; I omitted sending for his character; he came back again with a large bundle, which he said was foul linen, and asked me if I could get him some linen washed; he went up stairs to the room, I went up along with him; we talked a good deal; I happened at the time to look into Mr. Perryman's box, which was in the room, where was his coat; I then saw it; I then went down for two or three minutes, and sent a young woman for his character; going up again I met him on the stairs coming down without his bundle; he staid a good while with me below; and just as the young woman came back he went away, saying he should return presently. The young woman told me there was no such person as Downing ever lodged there. We went up and missed Mr. Perryman's coat out of his box, and six cups and saucers of image china, and two coffee cups from a corner cupboard in the same room; I never found any of them again; here is the bundle he brought, which he had hid in the room; (producing an old woollen rag, and a piece of a hair cloth.)

Elizabeth Tickin . Mrs. Jones sent me to enquire the prisoner's character to the Bolt and Tun; they said no such person had lodged there; they sent me to the Black Lion in Water-lane, but I could hear of no such person as Downing. We missed the things in a quarter of an hour after the prisoner was gone; I saw him with two other men at a bonfire in Lincoln's-inn-fields, on the 5th of November, and had him apprehended.

A. Jones. When the prisoner was before the Alderman, he was asked what he intended to do with the rag and hair cloth; he said he intended to make a saddle-cloth of them.

Daniel Perryman . I left my coat in my trunk that morning when I went out to work, and when I returned at night it was gone.

Prisoner's defence.

I know nothing of the things.

To his character.

Francis Scott . He is a very sober honest man, well beloved by every one; he was born at Bungey, his mother lives at Norwich.

Mary Winter . He bore an exceeding good character when he lodged with me.

Guilty . T .

There was another such indictment against him.

41. (M.) Anne, wife of John Crispin , was indicted for stealing a pair of linen sheets, two shirts, one shift, five aprons, two copper pottage pots, a copper saucepan, a stew-pan, a tablecloth, and a pair of stays , the property of William Norton , Oct. 29 . *

Sarah Norton . My husband is named William. The prisoner ironed for me, I take in washing; I lost the things mentioned in the indictment, (naming them) and a great many other things; she has been robbing me these seven years; these things in the indictment were lost within the last twelve months; I have paid for things lost in that time upwards of 3 l. I have turned away servants and lodgers on the account of things, and never could find the thief till the prisoner confessed; she confessed to taking one sheet and a shirt before we took her, and after that she confessed to taking all the rest, but the sauce-pan, stew-pan, and stays; she owned she had sold one of the pottage pots.

Anne Breadenel deposed to the prisoner's confession.

Anne Whitley a pawnbrooker, deposed to the prisoner pawning a sheet with her.

John Clawson a pawnbroker, (produced two shirts) which he took in of the prisoner, one Sept. 4, the other October 11.

S. Norton. These I had to wash when lost; I paid 13 s. for one, and 7 s. for the other.

Prisoner's defence.

I did carry out a pot and kettle, but I did intend to fetch them again; I went down on my knees, and asked Mrs. Norton's pardon; there has been a great many things lost, and she said they that were found out, should pay for all.

Guilty . T .

42. (M.) William Thornhill was indicted for forging a bill of exchange, purporting to be signed by John Johnson , captain of the 24th regiment of foot; directed to Mr. Matthias, for the payment of 20 l. and publishing the same with intent to defraud Mr. Matthias , and also with intent to defraud George Coote , Esq ; May 19 . *

Joseph Cox . I am servant to Mr. Coleman, a breeches-maker at Charing-cross; the prisoner at the bar came to my master's house last Whitsun Monday; he produced a note, and desired me to carry it to Mr. Matthias.

Q. What did he say you was to do with it?

Cox. He did not say what.

Q. Did he say you was to receive any money?

Cox. No, he did not; I asked him if I must leave it with him or his clerk; he said if my master was here, I should know what to do in a minute; I carried it to Mr. Matthias, and told him I received it of a person whom I knew; Mr. Matthias bid me call again, I left it; when I came back to my master the prisoner was gone, this was about twelve o'clock; the prisoner called about four, and asked what Mr. Matthias said; I told him Mr. Matthias said, what I carried was not good, he did not know the person's handwriting; the prisoner desired me to be sure to go again for the bill, I thought to see my master first; when my master came home I told him, he advised me not to trouble myself about it.

Q. Should you know the note again?

Cox. I cannot be positive, I know there was something of 20 l. upon it.

Thomas Coleman . I am master to Joseph Cox , I received a note from Mr. Thornhill about Whitsun holidays.

Mr. Lane. I saw the prisoner write a note of hand once.

Court. Look upon this note. (he takes it in his hand.)

Lane. The whole of this is the prisoner's handwriting; here is my mark upon it, I saw the prisoner write the note.

Court. Look at this bill (the bill in question.)

Lane. (He takes it in his hand, and compares them together;) the words sterling are remarkably alike; to be sure, the writing is very much alike; I firmly believe this bill to be his hand-writing.

Mr. Merrick. I know Capt. Johnson of the 24th regiment, I have been many years acquainted with him, I have seen him write.

Court. Look upon this bill (he takes it in his hand.)

Merrick. I think this is not the hand-writing of Capt. Johnson.

Q. Where was Capt. Johnson last April?

Merrick. He was in Gibraltar, but he is now in court.

David Roberts . I think Capt. Johnson was in Gibraltar last April, I know the regiment was there then.

Q. Are you acquainted with his hand-writing?

Roberts. I am.

Court. Look at this bill (he takes it in his hand.)

Roberts. This is nothing at all like his handwriting.

Mr. Matthias. I remember Joseph Cox coming to my house with a bill on Whitsun Monday the 19th of May; this is it, (holding it in his hand) he brought it to me for acceptance; I was not satisfied with the hand-writing, I told him I would keep the bill for his and my safety, for it was not Capt. Johnson's hand-writing.

Q. Did he bring it for acceptance?

Matthias. I think he mentioned the word acceptance to me.

Q. to Cox. Do you recollect that?

Cox. I carried the same message to Mr. Matthias that Mr. Thornhill ordered me, but I cannot recollect it now.

Q. to Coleman. Have you seen the prisoner write?

Coleman. I have once.

Court. Look at this note ( he takes it in his hand.)

Coleman. This note I did not receive of Mr. Thornhill, I received it of his servant named Hagathey.

Hagathey. I delivered that to Mr. Coleman.

It is read in court, to this purport.

"Mr. Coleman,

"I hope you will be good enough to enquire

"about the bill I gave your servant, to take to

"a gentleman to have passed for 20 l. which if he

"does not pay, get the bill again; you need

"not make use of the gentleman's name of

"whom you got it, as I do it to oblige a gentleman;

"if you get the money, keep it till I

"return, which is all you have to do from Mr.

"Coleman's humble servant,

W. T."

The bill read to this purport.

"Gibraltar, April 12, 1766.

"Sir,

"Ten days after date, please to pay George

"Coote, Esq; or his order, the sum of 20 l. sterling,

"for value received; which you will place

"to account of Sir,

"Your most humble servant,

" John Johnson ,

"Captain of the 24th regiment of foot."

"Directed to Mr. Matthias, Scotland-yard,

"London.

Q. to Hagathey. Was you servant to the prisoner?

Hagathey. I was.

Q. Was he a public man?

Hagathey. He went out publicly, at Vaux-hall, and other places; he went to all public places; he was at that time a half-pay officer, as far as I could understand.

Q. Did you ever deny your master's lodgings?

Hagathey. I have to some people, which came after him sometimes with bills for money, and I could not be sure of his lodgings; I was a weekly servant, and never lay in his lodgings; I knew where he was in the day-time, but I did not know where he lay at night times; sometimes he kept company, and was out at horse-races and places with gentlemen.

Q. Has he ever desired you to deny his lodgings?

Hagathey. No, only to certain people.

Q. Did he never bid you to deny him to Mr. Merrick?

Hagathey. No, I gave Mr. Merrick a direction where I thought my master was, in Church-street, St. Anne's. I did not know Mr. Merrick's name then.

Q. Did you understand his business?

Hagathey. No, I did not.

Prisoner's defence.

I have done all in my power to get my witnesses to shew my innocency, but could not be able to procure them; I advertised them here and in Ireland, but to no purpose, so I leave it to the honourable court.

To his character.

Andrew Lee . The prisoner lodged with me six weeks from the 21st of March, he behaved well to me as far as ever I saw, in every respect; I had no reason to think him dishonest; he passed for a lieutenant in the army.

Guilty . Death .

There were two other indictments against him of the same nature.

43. (M.) Mary M'Cormack , spinster , was indicted (together with Anne White not taken) for stealing a silk purse, value 2 d. two gold rings for mourning, value 20 s. one 13 s. and 6 d. piece, twenty-six guineas, and four quarter guineas, the property of Eleanor Bird widow , privately from her person , Nov. 9 . +

Eleanor Bird . I keep a public-house in Well-street, near Well-close-square ; the prisoner used to come sometimes for a dram. On Sunday morning, Nov. 9, she and Anne White came in for a dram at the bar, betwixt eight and nine o'clock; I went to serve them; a woman came and asked for change for a 5 s. and 3 d. piece; as soon as she had her change she went out, after that I went to serve the prisoner and White, I put the 5 s. and 3 d. in my purse; there were twentysix guineas in it, a 13 s. and 6 d. and four quarter guineas, besides that which I put in; it was a green silk knit purse, they might see the money through it; they were standing close by me while I gave the change; I wound my purse over my fingers while I was serving them; White said she was in a hurry to be gone; then I went out of the bar, and put my purse in my left side pocket; as I was going to the fire side they both followed me to the fire side, they came on my left side; while I was putting out a pennyworth of purl for a man that stood by, I was pushed down against the man; I asked the women what was the meaning of that, and said if they could not stand quiet to go out of the house; it was done by the prisoner pushing White against me; the prisoner said, I ask your pardon, I hit my toe against the stove, and had like to have fallen myself; the man prevented my falling by putting his arm out; I went into the kitchen, and never went into the drinking room all that day after; I never missed my purse till about three in the afternoon; I am sure I put my purse in my pocket, for I felt my snuff-box in my pocket at the same time; I never saw my purse, money, or rings since; the prisoner was taken up on the 10th of November, and charged with aiding and assisting in robbing me; before the Justice she said she did not take it, but knew who did, and she would tell the next day; she was committed that night, and when she was brought back to be examined again, she denied knowing any thing of the affair; I heard her own in New Prison, she knew who robbed me.

Q. Was your pocket on the outside your cloaths?

E. Bird. I had only my gown over it.

Sarah Dobbs . I am servant to Mrs. Bird, I saw the prisoner and two other women come in; they asked for a pint of purl, I went and draw'd it; the prisoner looked in my face, and said there is no uproar yet, there is nothing missed; I said, what should be missed; she said there are many things lost that are not missed; this was about a quarter of an hour after they had been in for the drams; I saw them come in for the drams, and saw my mistress tie up her purse, and put it into her pocket as she went along; I saw the prisoner push White against her, and push her against a man (a stranger;) as my mistress was falling, the prisoner stepped towards her, and the man catched my mistress in his arms.

Elizabeth Wallis . When the prisoner was brought to be examined, and was in at the City of Carolina, a public-house in Rosemary-lane, on the day after the robbery, she said she wanted to speak with me, and took me out into the yard; she delivered to me two 5 s. and 3 d. pieces and a golden guinea, and desired me to buy her an under petticoat and a cap, and bring them to her in New Prison; I said I never was there in my life, and I delivered them into her hand again.

Robert Clavering . I asked the prisoner several questions after she was committed concerning the robbery; she said she did not rob her herself, but she knew who did; I then asked her if she had any of the money; she said that was best known to herself; I asked her if she saw the rings; she asked me who I was, I did not resolve her; she said I'll tell you nothing more, but if you'll come to-morrow, I'll tell you every thing of it, but I'll tell no more to day.

John Delaney . I was with the prisoner when going from the Justices, she seemed to be very much in liquor; she took me by the arm, and asked me what I would have her do in this affair; I said what affair; she said I was standing by the same time Mrs. Bird was robbed, and I saw her robbed of about 19 or 20 l. and some gold rings; would you have me confess; I said, I tell you what I'd have you do; if you have any of the money that is left, call Mrs. Bird on one side and give it her, and ask her pardon, and I dare say she will not hurt you; she then answered she would say nothing at all, and said she believed that was the best way; I believe she would have said more, but the officer said, it is now too late to say any thing; she said she had none of the money left.

Q. from prisoner to prosecutrix. How many people were in your house at the time you served us?

Prosecutrix. There were (only the man a stranger,) the prisoner White, and myself.

Prisoner's defence.

I went into this house with Nan White , we had a dram at the bar, after that a pint of purl, we stood by the sire; I went out and fetched some bread and cheese, and if this thing was done, it was done when I was out, for I know nothing of it; I am caught at a nonplus, I have no body here to my character.

Acquitted .

44, 45. (L.) Michael Doyle and John Miller were indicted for stealing four gold shirt-buckles, value 36 s. eight silver shirt-buckles set with stones, value 20 s. and two silver stock-buckles , the property of Thomas Dealtry , Nov. 25 . ++

Mary Dealtry . My husband, Thomas Dealtry , is a sword-cutler, and sells things in the jewelry way ; we live in Swithen's-alley . On the 25th of March, in the evening, we suppose we lost the things mentioned in the indictment, by a pane of glass being broke; we did not know of it till the 26th in the morning; one of the shutters was open; I was called up immediately, to look to see whether I had missed any thing. I had brushed the shirt-buckles and things in a drawer that stood just by the broken pane, but the morning before: I missed out of that drawer, to the best of my knowledge, either fourteen or fifteen shirt-buckles; I am clear to six gold ones, and about nine silver ones, and two silver stock-buckles; we found a piece of the broken glass close by the drawer; that drawer was always uncovered; Mr. Dealtry made a hook of wire, and I saw him try through the broken glass, and he easily could come at the things in the drawer. I went and spoke of this to two or three shops; on the Friday evening following, the two prisoners were taken, for breaking Mr. Barnes's shew-glass in Duck-lane: on the Saturday morning Mr. Barnes came to my house; I found the prisoners were to be examined before my Lord-Mayor, at the Mansion-house; that day I went there; the prisoners were there, and there were eight stone shirt-buckles produced, of different sorts, and four gold ones, one in silver gilt, and two silver stock-buckles; (produced in court) they are all our property; there is one gold buckle larger than any that are in the trade; two of them have green and white paste mixed: John Miller said, he did not deny them to be my property; he said, he found them at the new buildings in Cornhill. I know nothing of the other prisoner.

Mr. Barnes. I live in Duck-lane, I am a watchmaker, and keep a silversmith's shop; on Friday the 28th of November I was at work at my window; I saw the two prisoners come up to it between two and three in the afternoon; soon after that I observed two more; the prisoners came up towards that part where I was at work; the other two kept their heads close to the shew-glasses; I had some suspicion of them; I sent my daughter out to see if the glasses were safe; she came and said one was broke, and some things taken out; Miller stared me full in the face; I went over the counter; Doyle went off; I took Miller at the end of the lane; he was walking fast, but did not run; as soon as I got him to the door, Doyle came again, and said, Lord! what is the matter; I knowing him, said, you are the other; and I took hold of him, and pushed him into the shop, and sent for a constable; when he came, Miller took out his handkerchief, and laid it on the ground, and said, that is my handkerchief and gloves, there can be nothing in that; now search me, and welcome. The constable searched one of his pockets, and found nothing in it. Miller took his handkerchief from the ground, and put it into his left-hand coat-pocket; there was a woman in the shop; she said, she heard something rattle in his handkerchief, search the handkerchief; upon that, he took his handkerchief by one corner, and strove to take it out of his pocket; the constable took hold of it; I saw this shagreen case here produced; I said, how came you by this case; said he, I bought it; I said, what trade are you; he said, a blacksmith; I said, blacksmiths do not buy such things as these by the dozen; I gave them into the care of the constable. Upon searching Doyle, there were two pair of buckles found upon him, one silver, the other iron plated; by enquiring among the shops, I was informed, Mr. Dealtry had lost some buckles; I went to him; he said, his wife could describe them, she having the care of that part of his business; he sent her; she described the buckles before she saw them, that we had in the shagreen case, and said, she had lost more; before the Lord-Mayor Miller said, he found the case and buckles behind a gutter in Cornhill, when he went to make water.

John Ashley I live with Mr. Flude, at the bottom of Wood-street; a man came to our shop on the 26th of November, betwixt twelve and one, to offer some buckles; he brought in a shirtbuckle, to know if it was gold; he said he found three in St. Paul's Church-yard; he said, a friend had the other two just by; he went out, and brought them in in about four minutes; I asked his friend's name; he said, his name was Michael Doyle , and said, he lived at the Brown Bear in Bow-street: I told him, one was gold, but believed the other two were not; I was for stopping them; he strove to snatch them out of my hand, and said, if I would not give him them, he would break my head; he went out, and brought his friend along with him; that friend was Doyle, who said, he was along with him when he found them in St. Paul's Church-yard; then I delivered them; then I saw Miller standing at the paved stones, opposite our house; they went out to him, and they all three went away together.

Q. Look at these here produced, were they like any of these?

Ashley. The plain gold hearts are like them, but I cannot pretend to swear to them; he brought a garnet set in gold.

Mrs. Dealtry. I lost a garnet buckle set in gold; I have the fellow to it here (producing it.)

(Ashley takes it in his hand) It was such a one.

Doyle's defence.

I never was at that pawnbroker's in my life.

He called Mr. Barret, a house-broker, in Orange-court, Leicester-fields; Gerrard Bourn, a chairman; Elizabeth Bacon , of Monmouth-court, and Catharine Fitzpatrick , who said, he had been a waiter at several coffee-houses, and they knew no ill of him.

Miller's defence.

I was coming from Tower-hill; I went to make water under an arch in Cornhill; I saw a black box; I picked it up; two men asked me what was in it; I said, I did not know, but I would look presently; I looked, and saw these things in it; they asked me for part; I said I would give them none, I would advertise it; after that, I was going down Duck-lane, and a man said, his shew-glass was broke; he took me back, and asked me where I had these things; I told him where I found them; here are the two men that saw me pick the case up; they found me after I was taken in custody ; I did not know where to find them; my two witnesses are named Pate and Anderson.

Anderson was put out of court while Pate was examined.

James Pate deposed, he was a shoemaker, and lived in Cold-bath-fields; that he saw Miller pick up a black box, as he had said in his defence, and that he never know Miller before; after he had been asked, and answered many questions, he was ordered out, and Anderson called, but he did not think proper to be examined.

Doyle acquitted .

Miller guilty . T .

46, 47. (M.) Michael Cassody and Christopher Broaders were indicted for stealing a gold watch, value 15 l. a cornelian seal set in gold, value 20 s. a cotton handkerchief, and ten guineas, the property of John Scott , Esq ; privately from his person , Nov. 4 . ++

John Scott , Esq; On the 4th of November I went to the Bedford Arms, about six in the afternoon, and between seven and eight I left it; the man that keeps the house took the number of the prisoners chair, (they are chairmen ) and directed them, if I did not pay them, to come to him, and he would; they carried me in their chair.

Q. Where did you direct them to carry you?

Scott. I cannot say to where, but I believe it was to go to Mr. Couts's, in the Strand; they carried me to one Dugens's, a grand punch-house, a notorious house, and a robbing house.

Q. Was you sober enough to know where you was?

Scott. I was fuddled, but I know I was sober enough to know where they carried me; when I got into the house, they had punch there, and I drank some of it, and I suppose I paid for it.

Q. Who was in the room with you?

Scott. The prisoners were, and no body else; one of them sat close by me; I have swore three times to the men, and I know them.

Court. Look at them again. (He looks at them.)

Scott. Upon my conscience I cannot recollect that fellow in the red waistcoat (the man in the red waistcoat was Broaders) as one of them.

Q. What do you say to the other prisoner?

Scott. I will not swear to him.

Q. How long did you stay there?

Scott. I suppose I staid there an hour, or an hour and a half.

Q. Do you remember your getting into the chair to go away, or how did you go away?

Scott. I do not know how I went away from that house.

Q. How did you find yourself after that?

Scott. I did not find myself at all, the watchman found me in a gutter.

Q. What company had you been in at the Bedford Arms?

Scott. There were not above three.

Q. How many bowls had you?

Scott. That does not matter; I had in my pocket ten guineas, or ten guineas and a half in gold, in a green common purse, and some silver in my pocket, and a gold watch; they were all gone.

Q. When did you first miss them?

Scott. When I got to my lodgings, about one o'clock at night; the watchman called a chair, and they carried me home.

Q. Did you pay the chair?

Scott. I did not; I had lost every thing, I could not; I lost a handkerchief also; it was a remarkable one; (producing one) it was the fellow to this. I went to Sir John Fielding , and gave information, and the prisoners were taken up; (a handkerchief produced) this was found upon Broaders; I know it to be mine.

Cross examination.

Q. How do you know it to be your's?

Scott. It is the fellow to this, (putting them together.)

Council. That is no proof at all, except you can prove there was but two of that sort in the world. When you went from the Bedford Arms, I suppose you was not sober?

Scott. I was about half seas over.

Council. What, worse than you are now?

Scott. Very like so.

Q. What was the place you was carried to?

Scott. I cannot say a word about it.

Q. Cannot you recollect how you came out of that dreadful house you talk of?

Scott. Upon my honour I do not recollect; I think they would not leave me there without carrying me somewhere else.

Council. People, when they are in liquor, are sometimes very obstinate.

Scott. I was robbed I am sure, but do not know where.

Council. A drunken man is likely to drop his handkerchief.

Scott. Without they are taken out of his pocket, how can they drop?

Council. Whether you did not lay it down on the chair?

Scott. I do not know.

Council. I'll gave you a good piece of advice, never to get drunk any more, then you will never lose your things that way again.

Council. Did you not go to one Nick Steward 's?

Scott. I do not know.

Council. Was you not at Mrs. Malby's?

Scott. They might carry me wherever they pleased.

Q. Do you know any place they carried you to afterwards?

Scott. They carried me afterwards to the watchhouse.

Council. Did you not the next morning charge somebody else with having taken those things from you?

Scott. Yes, I did, but they cleared themselves immediately.

Council. Might not you lose your money in the gutter?

Scott. I do not believe a word of that; these gentlemen are to judge of the matter, (pointing to the Jury.)

John Stacey . I am master of the Bedford Arms tavern; this gentleman was at my house on the 4th of November; he came about six in the evening, and staid till between seven and eight.

Q. How was he as to liquor?

Stacey. He was merry, as he is now; the two prisoners are the chairmen that took him in their chair; I desired them to take care of him, and to come back to me, and I would pay them; the next morning I was told Mr. Scott had been robbed; about noon I saw Cassody, and told him of it, and asked him, why he did not come to be paid; he seemed to be angry with me, that I should challenge him with Mr. Scott's things; I went with Mr. Scott to Sir John Fielding 's, and he ordered the prisoners to be apprehended; I was present at their examinations twice; Broaders denied ever being at the house of Dugens, in Russel-street, and said, they had no punch at all, and that he set Mr. Scott down at the end of the Piazzas; Cassody said, they had a little punch, two or three 18 d. bowls, or something to that purpose; there was this handkerchief produced; I think Cassody said he had seen it in Mr. Scott's hand, but did not say where; Broaders acknowledged his having it in his custody: at one time he said he found it in the chair, and on the second examination I think he said the same; I do not recollect he gave any different account.

John Heley . I am a constable; I apprehended Broaders at the end of Tavistock-row, Covent-garden; I took him to the Brown Bear , and told him I must search him; at first he refused it; we were forced to tie him to search him; I took two handkerchiefs from his coat-pocket; this here produced is one of them; he said they were both his own; he was carried before Sir John Fielding ; there he said he found the handkerchief in the street; on the second examination he said he found it in the chair; I found a guinea and some silver upon him.

Cross examination.

Q. Where did you find the handkerchief?

Heley. In his side-pocket.

Council. Supposing a man happens to find a handkerchief in his chair, is it not common to call it his own, if the right owner does not come for it?

Heley. It may be so.

John Noaks . I am a constable; I took up Cassody at his own house, in White-hart-yard; I told him he was my prisoner; he said, for what; I said, for robbing Mr. Scott; he said, I'll go along with you immediately. When we came to Sir John Fielding 's, I was ordered to search him; I found twelve guineas, a half guineas, a 9 s. piece, four quarter guineas, a 4 s. 6 d. piece, two dollars, a French crown, and a watch-key upon him; he was asked how he came by the money; he said it was his own, what he had earned. I heard the other prisoner say, he found the handkerchief in the street, and afterwards I heard him say, he found it in his chair.

Cross examination.

Q. If a chairman is frugal in that part of the town, can he not save a great deal of money?

Noaks. To be sure he may.

Cassody's defence.

We took up Mr. Scott at the Bedford Arms; I asked him where he was to go; he said he went any where; I turned back to Mr. Stacey, and said, he will not tell me where he is going to; Mr. Scott said again, I'll go any where; Mr. Stacey told us to carry him to his lodgings; we were going along; he knocked at the glass, and said, stop here, till I see who is here; then he went into Mr. Gold's bagnio, and was there about a quarter of an hour; then a waiter came to the door, and asked my partner if he was paid: he said, no; the waiter wanted us to get our money; I went in, and asked Mr. Scott for my money; he said he had paid me; I said, I never saw a farthing of your money; he gave me a shilling. I went out, and in at the Red Lion, and had a pint of beer; before I had drank it, my partner called me; Mr. Scott was in the chair again; I asked him where he was to go to; he said, to Malby's bagnio; we carried him there; I rang at the bell; he went in for about eight or ten minutes; the waiter said, they would not take him in; so he came out again, and went into the chair. I asked him where I was to carry him then; he said, carry me to a girl's lodging in Charles-street; we carried him there, and rang the bell; he came out of the chair, and went into the passage: a girl came and said, her mistress was not at home; he broke one of my glasses when he came out; he then asked me if I knew of any girls; I said, no; he walked away; I asked him to pay me; he said he would not; I walked after him, and pulled off my hat; he said he would give me something to drink; this was in Russel-street, at the end of a court; there were four or five girls; I asked him again to pay me, and said, I wanted to go; I said, there is never a public-house here; we went into a public-house in King's-court; the first bowl that came he spilt; then he called for another shilling's worth; he paid for them, and came out with us. I asked him to have the chair to go to Mr. Stacey's house again, or go home to his lodgings; he said, no, I will not; go along, you are paid. I asked him again; he said, go about your business; I came away, and put my chair to rights, and carried a fare from the play to the Cave bagnio; then my partner and I went in at the Red Lion, and staid till between eleven and twelve o'clock; then we went out, and my partner, in examining the chair, found this handkerchief in it, and he put it in his pocket.

Broaders's defence was to the same purport.

For the prisoners.

Edward Riley . I was called to the Round-house that night this happened; there was Mr. Scott, he was in liquor; the watchmen all took my number; I am a chairman; they said he had been robbed; I was desired to carry him safe to Mr. Couts's, a banker, in Half-moon-street, in the Strand; going down that way, he said, he was only a lodger, that was not his house, and desired I would carry him to Charles-street, where a woman of the town lodged; I told him, he had better go home, and said, the constable of the desired me to carry him safe home; he said, he would not go home upon no account, and insisted on my carrying him to Charles-street; I carried him there, and asked for a woman; I cannot recollect her name now, but the woman that came to the door said she was not at home; well then, said he, carry me to Malby's. I said, Sir, you are in liquor, you had better go home; I carried him to one or two places more; they would not take him in; then I said, I will carry you back to the Round-house again; accordingly I did; then the constable desired me to carry him to Mr. Couts's, the banker; I carried him there, and knocked at the door; the man came, and desired him to give his name; he said his name was Scott; he opened the door. O Lord! said he, I have lost my hat, my watch, my money, I have lost every thing I had; the man came and took the number of my chair; I went away; the next morning I went, and sent word up, I was come to be paid; said Mr. Scott, where is my hat, watch, and money; Sir, said I, I know nothing about any thing belonging to you; said he, are you the man that took me up at the Bedford Arms last night, between nine and ten o'clock. No, said I; he detained me about two hours; I desired him to go with me to the Round-house, there was no body there; then I took him to one of the constables of the night, and he made him sensible that I was called to him about a quarter before twelve at night, at the Round-house; he asked the constable how he came to be there, and the constable told him.

Cross examination.

Q. Whether a sober chairman cannot get a great deal of money at that end of the town?

Riley. They may; I am a sober man.

They called John Jones , who had known Cassody a year and a half; Richard Singleton , between four and five; Thomas Hawkins , upwards of five; - Maden, ten years; and - Brown, eight or nine years; and - Dunn had known both nine years; and - Cave six months, who gave them the characters of honest men.

Both acquitted .

48. (M.) William Collins was indicted for that he, on the King's highway, did make an assault upon Walter Cope , putting him in corpoal fear and danger of his life, and violently taking from his person a silver dollar, value 4 s. and 16 d. in money numbered , his property, November 24 . *

Walter Cope . On Monday the 24th of November, about half an hour after six in the evening, I was going home from Stratford in a postchaise, and before I came to the two mile stone, the prisoner at the bar came up on the left side of me on horseback, and bid my man stop; it was dark, we had no light but what came from the lamps on the road; my man paid no regard to him, but drove on; in about an hundred yards. he came up with the man again, and presented a pistol, and bid him stop; I saw his hand in that direction, but did not see the pistol; I saw his face by the light of the lamp, we were on that side which the lamps were; the second time he bid the man stop, there appeared two men on the left side, on the bank, whether they belonged to him I do not know; then I let down one of the windows, and called to the man to stop, and called to the prisoner, and said, what do you want my friend; he answered, your money and your watch. I bid him come round to the side window, and I let down that also; he came; I said, what do you say friend; your life or your money, said he; he came close, and said, don't detain me, don't keep me here, make haste. I had an intention of taking him myself, but seeing the two men, I put my hand in my pocket and dropped some of my money, and as I thought kept some halfpence in my hand, and the dollar which I gave him; his right-hand was leaning over the neck of his horse, with the pistol in it. Whether he looked at the money or how, I cannot tell, but he said, this is not enough, give me some more; I told him I had no more, but I had a watch if he chose it; he refused it; then he bid me a good night, and went away: he was pursued by a person that was on horseback behind the chaise; he turned back, and alarmed the watch at the turnpike, at Mile-end: I heard of him in about an hour after I got home; I did not go to him that night, but did the next morning; he was in the watch-house at Mile-end; I swore to his person, and am very positive that is the man.

Q. How long might he be by the side of the coach?

Cope. About five minutes, or not quite so much; I could see his face very plain by the lamp; I could not speak to the colour of his cloaths, I thought he had something white before him.

Abraham Sangunetty . On the 24th of November I was going to Stratford, betwixt six and seven o'clock in the evening; I came up to the chaise, but did not know that Mr. Cope was in it. I rode behind it; it was a very dark night; I saw the prisoner at the bar pass me two or three times, while I was riding after the chaise; I took him to be a little boy; (note, the prisoner was a very small deformed person) I saw he had something buckled before him, which proved afterwards to be a great coat; I saw him go up to Mr. Cope's man, and bid him stop; he not complying directly, went up to him again, and said, stop, or I will blow your brains out; I did not see the pistol at first; immediately I thought it the best I could do to return back. I met a watchman conducting a gentleman along; I said, a gentleman had been robbed just before; then he said he would go back with me; before we got quite up to the chaise, we met the prisoner, he came close by me; I knew him again, he was upon a low horse, and sat very comically on the horse; I am sure it was the same person; I said to the gentleman, that was the same man: accordingly the watchman alarmed with his rattle, and frightned my horse; I desired him to stop the rattle, which he did. The watchman asked the turnpike man whether such a man had gone through; he said, no. While we were talking, in about a quarter of an hour the prisoner came riding through; I said, that was he, so they stopped him: he was searched, and a pistol found upon him: I was near the lamp when I saw him first, and was within two or three yards of him; I could swear to him by his face, as well as by his appearance.

Q. What money was found upon him?

Sangunetty. There were some halfpence and a shilling found upon him, but no dollar; the pistol was loaded, and there was a charge of powder, and two or three balls.

Thomas Manley . When the last witness came up to the watchman, I was coming from London, riding my horse a foot pace; he gave the alarm of a highwayman robbing a post-chaise; I turned back and endeavoured to take him; the prisoner came by; Mr. Sangunetty said, that is the man; I stopped my horse, and thought from his diminutive appearance, and being so poorly mounted, he could not be the man: he was galloping when the centinel came up; we followed him: we came to the turnpike before him, and enquired whether such a person had gone through; they said, no: we staid and talked about it; then the prisoner came riding to the gate, going a canter on his little horse: then Mr. Sangunetty called out, that was the man; then I rode after him, and laid hold on his collar; he said he had paid the toll; I said I did not stop him for that, but a robbery; he said he knew of no robbery.

Q. Did you know him to be the same person you had been shewn before?

Manley. I believe he was the same, but I cannot swear to his face, but as to his appearance it was the same. He had a shilling in his pocket; Mr. Sangunetty said he had pistols, and bid me take care, so I quitted my own horse and took him to the turnpike-house; I found a pistol loaded with powder and ball, and three more balls and powder, and one flint, and 1 s. 4 d. in halfp ence found upon him; there was no dollar.

Thomas Hartlett . I am one of the collectors of the turnpike. Mr. Sangunetty came up to the gate, and said there as a highwayman on the road; while we were talking, a person said this is he, and he was soon takes; I went to see who it was; I clapped my hand to his pocket and took out this pistol; (a pocket pistol produced in court) the prisoner said, take care of it, it is loaded; I endeavoured to snap it, but it would not go off; he was charged with the fact by Mr. Sangunetty, the next morning we had him before the bench of Justices.

Prisoner's defence.

I never care what I do; if any body will give me a pot of beer, then I am well enough.

To his character.

He called John Chetwind , a victualler at Woodford, who had known him between three and four years, William Watkins a baker, Thomas Drew a carpenter, Thomas Spicer a gardener, and Thomas Priest a farrier, all of Woodford, and George Wiley of Denmark-street, in the Strand, who said he was a journeyman taylor of good character.

Guilty . Death .

49. Thomas Wiseman was indicted for stealing one guinea, and a louis d'or, value 20 s. the property of Albion Cox . ||

This appeared to be no more than a breach of trust.

Acquitted .

50, 51. (L.) John M'Ginnis , and Joseph Turvey , were indicted for stealing a linen handkerchief, value 12 d. the property of John Cook , Nov. 12 . ||

John Cook . On Wednesday the 12th of November, about seven in the evening, I was coming down Cheapside, turning down Charlotte-row by the Mansion-house, towards Dowgate-hill , the prisoners followed me; I felt something at my pocket; I felt and missed a red and white linen handkerchief: I took Turvey by the collar; after that M'Ginnis came up, and said they never meddled with me; I saw it in the hand of Turvey, it was soon dropped on the ground. I took them both before my Lord-Mayor, who sent them to Newgate. They both denied it; they pulled me about ten yards from the place where my handkerchief was taken away, and a gentlewoman took that up and gave it to me. When I charged them, they asked me to go to a tavern and drink a pint of wine, and said it was the first time they had been accused of any thing of that sort.

M'Ginnis's defence.

I know nothing of it.

Turvey the same.

To their characters.

John Stone . I am a carver; I have known Turvey from his infancy; he was my errand-boy to run of errands for me; I have trusted him as far as three, four, five, or six guineas at a time; I never found him any ways defective.

George Morris . I have known M'Ginnis about seven years: I am a watchmaker; he belonged to me, and behaved very just and well; he was my errand-boy first, and afterward worked for me; I learned him a branch of my trade; he has worked for me on and off 7 years.

Q. How long has he left you?

Morris: He has left me a year and a half; was he out of custody now, I would trust him immediately; he has been of service to me when I have been disappointed by other journeymen.

Q. What is the branch he is in?

Morris. He is in the movement way.

John Midwinter . I have known M'Ginnis about five or six years. I am in the watch way, and live in Benjamin-street by Clerkenwell; he used to bring things from his brother that worked for me; he behaved very well.

Benjamin Daniel . I have known M'Ginnis about a year and a half; I have seen him in his business; I never heard any thing bad of him before this.

Both acquitted .

52. Thomas Sutton was indicted for stealing 4 guineas , the property of Thomas Sills , November 5 .

To which he pleaded Guilty . B .

53, 54. (M.) Charles Dennet and Samuel Newcomb were indicted for stealing ten pounds weight of brass nails, value 5 s. the property of persons unknown, Dec. 10 . +

William Saunders . I live in the parish of St. Clement Danes, in the Butcher-row. Dennet was grave-digger , Newcomb was under him: I have seen them when I have been going by about my business, when they have been digging graves, they have had pieces of coffins that had nails in them; they have taken them aside; this I have seen them do two or three times.

Q. Did they appear to be new or decayed old boards?

Saunders. They appeared to be decayed old boards.

Mr. Wilmot. Dennet was made grave-digger, and after that steeple-keeper: I believe he had the care of all the keys of the church.

Q. Had he key of the vault?

Wilmot. He had. I received a letter on the 1st of this instant, from an unknown hand; I thought it my duty to acquaint the church-wardens with the contents of it, that they might take such measures as they thought proper. One Mr. Tapper, an undertakes and carpenter, and I, went with the two church-wardens; we waited in the church while Mr. Tapper went down in the vault with the prisoner Dennet.

Q. Was that the vault that was lately on fire?

Wilmot. It was on fire the Saturday morning following.

Cross examination.

Q. Had no other persons the key to that vault but Dennet?

Wilmot. I do not know that any body had besides him.

Q. Might not other people go down in it?

Wilmot. I make no doubt but that other people might; but I cannot charge my memory that that vault was made use of to inter any body in my memory.

Q. Suppose a poor grave-digger was digging a grave in a church-yard, should you have thought the old nails in old bits of coffin boards were the perquisites of the man, or should you have called him to an account for it?

Wilmot. I should never have called him to an account for that.

Q. How long has Dennet lived in the parish?

Wilmot. I believe he has been the chief part of his life in our parish.

Q. Did you ever hear any charge of this nature of him before?

Wilmot. No, I never did.

Q. Had he the key of the church plate?

Wilmot. I never knew to the contrary but that he had.

Q. What has his character been since you have known him?

Wilmot. I never heard any thing against his character, as to his dishonesty; I have heard of his negligence touching his business.

Q. How long have you known Newcomb?

Wilmot. I have known him two years.

Q. What is his character?

Wilmot. I never knew any thing against him.

Thomas Tapper . I went and searched into this vault, I believe on the 4th of this inst. Dennet and I went into it together; I was ordered by the church-wardens to see if any coffin was deficient; I found one lying at the farther end, appeared very fresh; I looked upon the plate, and found it was buried in August 1766; I said, I never saw a coffin finished so oddly in my life. I looked a little closely on the top of it, and said, surely, Charles, here has been some nails taken out of this coffin; he said, he believed not: I found there were nails gone out of the edge of the lid; I said to him, you see the print of every nail head where they have been taken out, as regular as they were knocked in, and I saw the inside row on the top was taken out; there were three rows in all taken out. Dennet said, I hope, master, you will not take any notice of this, for it will hurt me; coming out of the vault, there were three or four coffins higher up; I shewed him them and said, you see here has been the same work here; that was one that died in the year 1765, there were a great many nails taken out of the edge of that: he desired me to report favourable, that the vault was in tolerable good order. These were brass nails that were missing.

Q. Do you know any thing against Newcomb?

Tapper. No, I do not.

Cross examination.

Q. Were whole rows taken out?

Tapper. There were.

Q. Were the nails complete when the coffin was deposited there?

Tapper. I cannot tell that.

Q. Tell the Jury all he said when he desired you to report favourable; did he tell you how it would hurt him?

Tapper. No, he did not tell me how it would.

Q. Did he say he had taken them himself?

Tapper. No, he did not.

Q. Did he say it would hurt his wife and family?

Tapper. I don't remember he did.

Q. Did he not say there were other vaults to be searched, and desire you to look into them?

Tapper. No, he did not.

Q. What are you?

Tapper. I am an undertaker.

Q. Is it not usual and customary when coffins ore deposited in vaults, for other people to go down into vaults, as well as the man that keeps the key?

Tapper. Yes.

Q. How do you know the nails had been taken out?

Tapper. I could see the print of the nails as regularly as they were put in.

Q. Do not people sometimes take out nails before the coffin is put into the vault?

Tapper. It is not usual.

Eliz. Shelcroft. I lodge in Samuel Newcomb 's house. I saw a quantity of brass nails upon a square table in his apartment.

Q. What sort of nails were they?

E. Shelcroft. They were round-headed nails; they appeared to me as if they came out of coffins.

Q. Was Newcomb by at the time you saw them?

E. Shelcroft. No, he was not.

Cross examination.

Q. Have you ever seen nails in your own trunk?

E. Shelcroft. I have.

Q. Were they like them?

E. Shelcroft. Yes.

Council for prosecution. Were they like coffin nails?

E. Shelcroft. They were.

Council for prisoners. Can you tell the difference between a coffin nail and a trunk nail?

E. Shelcroft. I cannot.

Council for prisoners. Did they look very bright?

E. Shelcroft. They did.

Council for prosecution. Did you see a trunk they belonged to?

E. Shelcroft. No.

Council for prisoners. Nor a coffin?

E. Shelcroft. No.

A witness. I have seen Newcomb picking nails out of rotten coffins in his yard.

Q. What colour were they?

A witness. I don't know.

Philip Buckley . About three years ago I buried a corpse in the vault at St. Clement Danes: upon going into Dennet's room, I desired him to go and see where I could have a deep grave; I saw a prodigious number of pieces of coffin boards, old decayed boards, and in another part of the room on a table, was a quantity of brass nails, all of them appearing to be old.

Both acquitted .

55. (M.) Nicholas Raine was indicted for stealing 50 pounds weight of lead, value 4 s. the property of Eleanor Mitchell , widow , belonging to her dwelling-house, did rip, steal, and carry away , October 29 . ++

Eleanor Mitchell . I live at Brompton. I was sent for on the 29th of October, by Justice Durden; the messenger told me there was some lead stolen, which was supposed to be mine; I looked about my house, not having missed any, and found there was a piece of the bottom of a leaden pipe taken away; I went to the Justice's, and there I found a piece of a pipe that I believe to be mine; it was like the other pipes belonging to the house, there was something particular in the shape of it; the prisoner was there; he said he found it.

Theodore Dock . On the 26th or 28th of October I was drinking with the prisoner till about five or six in the evening, at the Cow and Calf on Chelsea Common; he went out from me; after that I went to his lodgings; his wife told me he was not come home; coming back I met him with this lead on his shoulder, about 100 or 150 yards from his lodging; I asked him to go back to the Cow and Calf; he said, let me throw this away, and I'll go with you; the man along with me took it, and carried it into the house; I saw it was a pipe of lead; when we got in at the Cow and Calf, I challenged him with stealing it from Mrs. Mitchell, where he worked; he denied it at first, and said they gave it him instead of his money for his work; then he took it to his lodgings, and I went and acquainted a person with it, and he sent for the lead, and the prisoner to be brought to him; after that he was taken before the Justice, and committed; the next morning Mrs. Mitchell came before the Justice and owned the lead, (produced in court) there is four feet all but three inches of it.

Q. How far does the prisoner live from Mrs. Mitchell?

Dock. It is a little mile distant.

Q. to Mrs. Mitchell. Had you the lead fitted to the place to see if it answered?

Mrs. Mitchell. No; but I have eight or ten of the same sort belonging to my house.

Prisoner's defence.

I picked it up near the Bell and Horns at Brompton, between six and seven that evening; I was going to see my brother that was very ill at Knightsbridge.

To his character.

Mr. Dobbins. I live at Knightsbridge; I have known the prisoner from a child; he is a very worthy honest man.

Q. What are you?

Dobbins. I am a victualler, the prisoner is a painter and paper-hanger; I have several houses; I have employed him in painting and paper hanging; I always found him honest.

Edward Chandler . I have known him very near 30 years, he is a very honest, sober, industrious man.

Mr. Spike. I have known him seven years, he is a very honest, worthy, industrious man for what I know; I live in the same town he does.

Acquitted .

56. (M.) Solomon Frost was indicted for marrying Catharine Spiller widow , on the 28th of February, in the third year of the reign of his present Majesty ; his wife Margaret, late Margaret Cristy , to whom he was married, in the 25th year of King George the second, being then living and in full life .

There were not evidence to prove the first marriage.

Acquitted .

57. (M.) Samuel Pointon was indicted for stealing one 9 s. piece, one 6 s. and 9 d. piece, 12 guineas, 4 half guineas, 1 quarter of a guinea, and 5 l. in money numbered, the property of Henry Lathaby , in the dwelling-house of the said Henry , November 22 . +

Henry Lathaby . I keep a public-house in Denmark-court, near Exeter-court in the Strand ; on the 22d of November, a person came to my bar, and called for a glass of gin; he seemed to be in a hurry, I served him; the prisoner came in, and called for a pint of beer; he sat down, and took up the news-paper, and said to me, landlord, will you drink; I said I am obliged to you.

Q. What time of the day was this?

Lathaby. This was about two in the afternoon or a quarter after; he asked me if I knew one Whitaker a Marshalsea court officer; he asked me to sit down by him, which I did; I told him I had known Mr. Whitaker some years, but I had not seen him for about six months; he said, does he belong to the Marshalsea court now or not; I said I do not know, he has been gone out of this neighbourhood 5 or 6 years; he said he believed he could hear of him at Longbottom's in Great Russel-street, Seven Dials; he staid about a quarter of an hour, and kept me in talk; after he was gone, I had some business up stairs; I asked my wife for the key of the room, when I came to open the door the lock was unlocked, it was only upon the spring.

Q. Did you see him go out of the house?

Lathaby. I did; my tap-room goes into a passage that communicates to the street, and the stairs that go up into my room, the passage goes out into another court; the passage has no communication with the tap-room at all, the stairs go up on the same side of the passage as the tap-room door does, more towards the back court; that is the only stair-case belonging to my house, the passage is always open except at night, when I shut it up.

Q. Is there a door at the bottom of the stairs?

Lathaby. There is, but that door was not shut I believe at that time; my wife told me she had double lock'd the door but a little before; when I came to open the drawers, I found there was five of them open, and the locks were all spoiled; every farthing of my money was gone, 20 l. and upwards, boxes and all; one that I kept my silver in, and the other my gold; as near as I can recollect there was 12 guineas, 4 half guineas, one 9 s. piece, one 6 s. and 9 d. piece, a 5 s. and 3 d. and 5 l. in silver.

Q. When had you seen the money last?

Lathaby. I had seen it in the boxes not an hour and a half before, there was my watch, table spoons, punch ladle, and other things of value, but nothing of that were meddled with; then I went up to Sir John Fielding , and told him there were two persons came into my house, one of them called for a glass of gin, and went out; and while the other kept me in conversation, I suspected he went up stairs and took my money. Sir John asked me what sort of persons these were; I described them, and when I came to the bottom of Bow-street, I saw the prisoner cross and go into a house in Russel-street; I said to Mr. Marsden, that is the man that kept me in talk at the time; I went and took him, and charged the constable with him immediately; he was taken to the Brown Bear , where Sir John was at dinner; the Justice ordered the constable to search him; he found four guineas, three 9 s. pieces, one half guinea, a bad 5 s. and 3 d. piece, and 21 s. and 6 d. in silver.

Q. Can you sware to any of the pieces?

Lathaby. I cannot say I can; there was one 9 s. piece like one that I had changed that morning, but I will not swaer to it; when Sir John Fielding came from dinner, the prisoner was taken before him, and examined how he got that money; he said he got it at horse races, he was asked what horse races he had been at, he said at Barnet, and in Yorkshire and Leeds, and all round the country; Sir John committed him upon suspicion; I went home and was relating the story to a customer named Reeba, and described the two men; he said on the yesterday morning when I was at your necessary, I heard two men whispering on your stairs.

John Reeba . I live in the neighbourhood and use the prosecutor's house; on Saturday night the 22d of last month I came to spend the evening there; there were a great many people in the back-room talking about the robbery; I said I hoped it was none of them that I had seen in the morning on the 21st; I took the key of the necessary and went down, and left the key on the outside the door; the necessary is under a little room in the passage, it goes down about six or seven steps; as I sat I heard somebody very busy talking together on the stairs that go down to the necessary; I came out upon them; there I saw two men; one stood at the foot of the stairs, and the other two steps down; the prisoner was one of them; I took them to be two officers, come to arrest some man; but seeing the prisoner s o little a man, I thought he was rather under size for that; they went out together, and into the crown alehouse in Marygold-court.

Henry Whitaker . I have known the prisoner some years, I never knew no harm of him; he was an officer in the Marshalsea court about a year ago; I have seen him lately.

Prisoner's defence.

I went into the prosecutor's house, and called for a pint of beer, and drank it, and asked him if Mr. Whitaker lived there now; he said he had not seen him for six or nine months, I said I had not seen him for four months, and should be glad to see him; when I had drank my beer, I went out about my business.

To his character.

Francis Mackavay . I have known the prisoner six or seven years; I never knew any thing of him but what was very just; I am an apothecary, and live in Wellclose-square.

William Harding . I have known him 16 years; when I first knew him, he lived at Ham; he is a glazier and painter by trade; he is not an officer now.

Acquitted .

58. (M.) Mary Mitton was indicted for stealing two pair of linen sheets, value 2 s. and one linen table-cloth, value 12 d. the property of Elizabeth Watson , in a certain lodging-room, let by contract , &c. Nov. 29 . +

Elizabeth Watson . I live in Swallow-street ; I let a lodging to the prisoner at the bar five months ago, at 20 d. a week, only one room ready furnished; she left it on the 29th of November, and left no goods in it that she could take away.

Q. Did she pay you any rent?

E. Watson. No, she did not; I took her up on the 30th, and before the Justice she confessed she had taken my things, and that they were at two pawnbrokers, Mr. James's, and Mr. Gunston's.

Thomas Robinson . I heard the prisoner confess before the Justice, she took away the goods mentioned in the indictment.

John Conyers . I am servant to Mr. Gunston; I took in a pair of sheets of the prisoner at the bar, on the 20th of October.

William James . I took in of the prisoner at the bar two sheets and a table-cloth, on the 6th of September; (produced and deposed to.)

Mary Bird . I saw the door broke open, where the prisoner lodged, and the things were then gone; I heard the prisoner own when she was taken up, that she had taken the things mentioned, and pawned them to two pawnbrokers.

Prisoner's defence.

I did not take the things away myself; it was Wm Shepherd that took them, and carried them to the pawnbrokers; and I took them of him there, and carried him the money; I never had any of it; that man and I lived together upwards of two years.

Prosecutrix. Shepherd was before the Justice; the prisoner cleared him, and said she did it herself.

Guilty . T .

59. (M.) Thomas Townshend was indicted for stealing a yard and three quarters of stuff called cherry-derry, made of silk and cotton , the property of Richard Burroughs , Dec. 2 . +

Richard Burroughs . About three months ago I bought two yards of cherry-derry for a waistcoat; I was quartered in Fountain-court in the Strand , at Mr. Alexander Sexton 's; I put it into my knapsack in the morning, when I went to work the 1st or 2d of this instant December, and tied my knapsack up, and hung it up in my lodging-room on a nail, the prisoner lay with me; I left him in bed, and another lad that draws beer lay in another bed in the other corner of the room; when I came home at night, my cherry-derry was gone, and I understood the prisoner went off that morning.

Q. How long had he been at that house?

Burroughs. He had been there about eight days; the next morning the landlord and I went out to look for the prisoner; the landlord catched him at Charing-cross; the prisoner had the cherry-derry in his pocket, and he owned to the taking of it at first being charged with it.

Mr. Sexton. The boy at the bar had done something that I did not like, I turned him away; when the soldier came home, he told me he had lost the silk and stuff he had bought to make a waistcoat; I went to the house, where I had a character of the boy; he was not there; then I went to the intelligence office at Charing-cross; there he was offering himself for a place; I saw the stuff stick out of his pocket; he begged I would not take any notice of it, and said, he never was guilty of the like before; I brought him before Sir John Fielding , and he was committed.

Q. How old is he?

Sexton. He told me he was eighteen years of age.

Prisoner's defence.

I am but fourteen years of age; I put my things all up together, and delivered them to my mother; she opened them the next morning, and saw it, and asked me how I came by it; I said I could not tell; the next morning I put it into my pocket, with intention, that if it belonged to them they should have it again.

To his character.

Matthew Hall. I live at the upper end of Bow-street, Covent-garden; I am a fishmonger; the boy at the bar lived with me occasionally several times.

Q. When was the last time?

Hall. It was about ten weeks ago; he never wronged me; I have sent him to several gentlemens houses with goods; I never heard any complaint; was he acquitted of this, I would take him again occasionally as I wanted him.

Mary Townshend . My husband lost his life in the army, and I was left a widow with two children; the prisoner is one of them, the other is dead; I go out a nurse keeping.

Q. How old is the prisoner?

M. Townshend. He is betwixt fourteen and fifteen years of age.

Guilty.10 d. W .

60. (L.) John Olive was indicted for stealing 25 pounds weight of tobacco, value 14 s. the property of John Morton Jordan , Nov. 23 . ++

John Jebb . I am constable on the keys; I did not see the robbery done

John Williams . There was a lighter that lay at Chester-key ; I saw the prisoner in it; I stood and watched him, and saw him take some tobacco out of a hogshead on board her, and throw it into his boat, which was fastened to the lighter; when he saw me, he jumped out of the lighter into his boat; I went after him; he said, d - n me, Sir, if you do not keep off, I will destroy you; upon that, I called for assistance; he tumbled over board; his boat being jammed in, he could not get her out; we took him out of the water, and put the tobacco into a bag; it weighed 25 pounds; it is the property of John Morton Jordan .

Guilty . T .

61. (L.) William Hern was indicted for stealing a copper vessel, value 18 s. the property of John Wolgar , Dec. 16 . ++

John Wolgar . I am a brazier , and live in the Minories ; I lost a copper vessel last Saturday from my shop; I found it again at Mr. Wooden's, in Whitechapel; (produced in court and deposed to.) I asked him where he got it; he told me, of the prisoner at the bar.

Mr. Wooden. I am a brazier; I bought this copper of the prisoner at the bar, Dec. 16. about three o'clock in the afternoon; I gave him 30 s. for it; I had known him four or five years.

Prisoner's defence.

I have a mother lives at Mile-end; she was dying; I was going to see her last Saturday, about three o'clock; I met a man and a woman facing the New-road; the man asked me, if I could tell him where lived a coppersmith or a brasier; I told him, there was one just by, and I went with him to Mr. Wooden's; he asked me, if I would take and sell it for him, as I knew the man, I took and sold it; and when so done, I laid part of the money out in some things as he desired; I bought two pair of candlesticks, a candle-box, and a coffee-pot: I was to meet the man in Bell-yard, Whitechapel, or at the sign of the Halfmoon, if he was gone; I went and met him and his wife, and carried the things and the remainder of the money, which I believe were three half-crowns, and gave them to him; the man asked me where I lived; I told him in Spital-fields, but was going to Mile-end to see my mother; he said, he was going there too; we went to the Black-boy; he treated me there with two pints of beer; he told me, if I would meet him there, on the Tuesday following, he had some other things; I went, thinking to meet the man, and the gentleman came and told me, the copper he had bought of me was stolen. I went with his servant to the Black-boy, to meet the man, and asked at the house if such a man had been there, and I was told, no; we had a pint of beer there, and waited, expecting the man would come, but he never came near the place.

For the prisoner.

Samuel Cope . I live at Mr. Garsed's, in Wood-street; the prisoner works for him, and has for some time past, as a gauze-weaver; we always looked upon him as a very honest man; he brought his work home very constantly.

James Lewis Dissemore . The prisoner is a tenant under my father; he is a very honest man, as far as we have heard of him; he has three or four children.

Q. What can he get a week by his business?

Cope. He can get 14 or 16 s. a week.

Mr. Wooden. I apprehended him on the Tuesday, almost by my house; I charged him with the copper being stolen, and stopped him; the man was very willing to go with me to see for the man that he pretends stole the copper, if he could have found him; I sent my man with him to Mile-end.

Q. What do you say to his character.

Wooden. I never knew any thing dishonest of him; I have known him four or five years.

Mr. Thompson. I live next door to the prisoner. I have known him twelve months; I never knew any harm of him; he is a sober man for any thing I ever saw.

Acquitted .

62. (M.) Edward Owen , was indicted for stealing a hand-saw, value 5 s. the property of Joseph Hambley , November 3 . ++

Joseph Hambley . I am a carpenter ; I was at work in Titchfield-street on the third of November, I lost my saw from thence.

Thomas Cornhill . I was at work in the house, on the third of November; I was going out, and turning myself round, saw the prisoner at the door, with a saw under his coat; he went into a house; I called a man, and we followed him, and asked him for the saw; he said he had none; we found it in the back kitchen; as soon as I saw the saw, I saw Joseph Hambley 's name upon it; the prisoner owned he had been in the room, where the saw was, to ask for one Bailey a carpenter, but did not confess he took the saw; (the saw produced and deposed to.)

Q. to Cornhill. Is this the saw, you saw under the prisoner's coat.

Cornhill. I cannot be sure to that.

Prisoner's defence.

I have been bad for six weeks, and I cannot speak a word for myself.

For the prisoner.

Griffin Roberts . I am a publican at Dock-head; I have known the prisoner two years, he has a very good character.

Robert Evans . I have known him two years; he has a good character.

John Jones . I have known him four years; I never heard any thing of him, but that of a sober, honest man, before this.

Acquitted .

63. (L) Samuel Orton , merchant , was indicted for falsely forging and counterfeiting a certain deed, purporting to be a letter of attorney, with the name Thomas Bishop thereunto subscribed, dated the 3d of August, 1763 , and to have been sealed and delivered by the said Thomas Bishop , with intention to defraud the governor and company of the Bank of England , and for publishing the same with the like intention, and also with intention to defraud Thomas Bishop and Roger Griffin . +

James Scott . I am a stock-broker. The prisoner at the bar applied to me to sell 500 l. 3 per cent. consol. annuities, on the 4th of Oct. 1763; I sold it for him to one Mr. Roger Griffin , at the price of 80 l. which was the lowest price, that was 400 l.

Q. Was you present when the transfer was made?

Scott: I believe I was; the receipt was of my own drawing up, and Mr. Orton signed it; (he takes it in his hand) this is the very receipt that I filled up; I sold it to Roger Griffin for this very price here mentioned.

Q. Did you see Mr. Orton sign it?

Scott. I think I stood by when he signed it.

Q. Did you see the transfer signed?

Scott. I think I did, but will not be positive.

Roger Griffin . I bought 500 l. Bank, three per cent. consolidated annuities of Mr. Scott, on the 4th of October, 1763; I gave 400 l. for it.

Q. Did you see the person that transfer'd it?

Griffin. I did not, but James Scott brought me the receipt.

William Ward . I belong to the three per cent. consolidated annuities office; ( he takes a large book in his hand) this is the ledger belonging to the consolidated annuities office; it is one of the public books of the office.

He reads.

"Captain Bishop was invested of 1200 l. three

"per cent. consol. on the 4th of October, 1763.

Q. Read the captain's description?

Ward.

"Captain Thomas Bishop , regulating captain at Yarmouth."

Court. Look at this receipt. ( he takes it in his hand)

Q. Did you see Mr. Orton sign this receipt?

Ward. I did; I know him personally; I knew him before that: I am a subscribing witness; he wrote Samuel Orton , attorney to Thomas Bishop ; it is sold by Mr. Orton as attorney. Where a person acts by letter of attorney, that letter is always deposited in the office; the transfer was executed in my presence, by Samuel Orton , attorney to Thomas Bishop .

Q. Who is that Samuel Orton ?

Ward. That is the person, the prisoner now at the bar.

The transfer read in court to this purport.

"I Thomas Bishop , of Yarmouth, regulating

"captain, this 4th day of October, 1763, do

"assign and transfer 500 l. of my interest or share,

"in the joint stock of three per cent. annuities,

"directed by act of parliament, the 25th year of

"King George the second, intitled an act for converting

"the several annuities therein mentioned,

"in the several joint stocks of annuities, transferable

"at the Bank of England, to be charged

"upon the sinking fund; and by an act of the

"28th, 29th, 31st, 32d, and 33d of George the

"second, and 1st of George the third, together

"with the proportionable annuity of three per

"cent. per annum, attending the same unto Roger

"Griffin, of Exchange-alley, gentleman, his

"executors, administrators, and assigns. Witness

"my hand; signed by Samuel Orton , per letter

"of attorney, dated 3d of Aug. 1763.

"S. Orton, attorney to Tho Bishop ."

In the margin, William Ward as a witness.

The consolidated receipt for annuities read.

"Received the 4th day of October, 1763, of

"Mr. Roger Griffin , the sum of 400 l. being the

"consideration for 500 l my interest or share, in

"the joint stock of three per cent. annuities, directed

"by act of parliament, the 25th year of

" George the second, intitled an act for converting

"the several annuities therein mentioned, &c.

"&c. &c.

Witness my hand

"S. Orton, attorney to Tho Bishop"

In the margin, witness William Ward .

Q. Has this ever been replaced to Capt. Bishop?

Ward. It has, by order of the directors of the Bank of England, that is to be seen in the b book.

It is read to this purport,

"I Henry Lalande of Charing-cross, gentleman,

"this 15th of October, 1766, do assign

"and transfer 500 l. of my interest or share of

"joint stock, of three per cent. consol. annuities

"to Capt. Thomas Bishop , of Yarmouth, regulating

"officer.

"Witness W. Ward."

Q. Has the company's money paid for this?

Ward. Yes, the company's money paid for it; here is the receipt witnessed by me.

It is read.

"Received the 15th day of October, 1766, of

"the governor and company of the Bank of England,

"444 l. 7 s. 6 d. being the consideration

"of 500 l. in the joint stock of three per cent.

"annuities, as by act of parliament, &c. &c. &c.

"by me this day transferred to Capt. Thomas

"Bishop.

"Witness my hand, H. Lalande."

(The letter of attorney in question put into his hand.)

Q. Where did you first see this letter of attorney?

Ward. I first saw it in the office; I had it out of the office; this is the power of attorney that I suffered Mr. Orton to make the transfer upon; when a letter of attorney is acted, we mark it; here is my mark upon this; this was left at our office to be passed according to custom; they are generally left there two or three days, to be passed by our accomptant general; I found it in our drawer.

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

THE WHOLE PROCEEDINGS ON THE KING's COMMISSIONS of the PEACE, OYER and TERMINER, and GOAL DELIVERY FOR THE CITY of LONDON; And also the GOAL DELIVERY FOR THE COUNTY of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 17th, Thursday the 18th, Friday the 19th, Saturday the 20th, and Tuesday the 23d of DECEMBER, 1766.

In the Seventh Year of His MAJESTY's Reign. Being the First SESSIONS in the MAYORALTY of THE RIGHT HONOURABLE SIR ROBERT KITE , KNT. LORD-MAYOR of the CITY of LONDON.

NUMBER I. PART III.

LONDON,

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

[Price Six-Pence.]

THE WHOLE PROCEEDINGS ON THE

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

Continuation of the Trial of Samuel Orton .

Richard Smith .

I Have known the prisoner at the bar I believe twelve years.

Q. Have you seen him write?

Smith. I am acquainted with his hand-writing; I have seen him write two or three times.

Q. Look at this power of attorney; here is your name to it as a witness; is it your hand-writing?

Smith. It is not my hand-writing.

Q. Whose hand-writing do you believe it to be?

Smith. It is a little similar to some I have seen of the prisoner's at the bar.

Q. Can you take upon you to say you believe it to be his hand writing?

Smith. I cannot.

Thomas Duck . (He takes the power of attorney in his hand.) My name is set to this as a witness.

Q. Whose hand-writing is it?

Duck. This is my hand-writing, that is my name.

Q. Did you see this instrument sealed and delivered by Captain Bishop ?

Duck. No, I never did; I did not know him at that time.

Q. How came you to set your hand to it?

Duck. I was at work at Mr. Orton's house as bricklayer; he called me into his counting-house; he desired me to step in just to speak a word with me; he told me he had got a letter of attorney to send into the country, to collect some rents.

Q. What time was this?

Duck. It is, I believe, about two or three years ago.

Q. Where is his house?

Duck. His house is upon Maze-pond, Southwark; he desired me to set my hand to this paper; he said, it was a thing of no consequence, only a form; he said, any indifferent person might do it, and as I was a neighbour, he called me in; upon that, I witnessed it, and delivered it to Mr. Orton in his counting house.

Thomas Gladwell . Mr. Thomas Bishop gave me two receipts; I saw him write them; I paid the money.

Court. Look at this letter of attorney, and tell the court whether you believe the name Thomas Bishop to be Mr. Bishop's hand-writing.

Gladwell. (He takes it in his hand.) I do not believe it is; there is no likeness.

Q. Can you take upon yourself to say one way or other, whether you believe it to be Captain Bishop 's hand-writing or not?

Gladwell. I believe it not to be his handwriting.

Q. to Ward. Did you ever see Captain Bishop write?

Ward I saw Captain Bishop accept two transfers, there they be in the book: (he compares the name on the letter of attorney with them) I believe this name on the letter of attorney not to be his handwriting; I do not believe it is like it at all.

Q. to Duck. Take the letter of attorney in your hand; can you take upon you to say, that is the very paper that Mr. Orton produced to you to sign?

Duck. This is my hand-writing I know; this is the paper that Mr. Orton gave me, and I wrote my name there, that I am sure of.

Court. Recollect yourself what he said to you.

Duck. He called me in from my work; when I came into the counting-house, he said, Mr. Duck, I have got a letter of attorney here to sign; it is a thing of no consequence, any indifferent person may do it, thereupon I wrote my name, and left the paper on his desk in his counting-house, and went away to work.

Q. Was the sheet open or doubled up?

Duck. That I cannot recollect.

Q. Did you understand he wanted you to give him a power of attorney?

Duck. No, I did not; he said, it was a letter of attorney for him to collect rents, and I understood myself only as a witness to it.

Q. Did you see any seal upon it?

Duck. I did not, as I know of.

Q. Was there a name underneath when you wrote your's?

Duck. There was not.

Q. Did you read what was over your name?

Duck. I did not.

Q. Did you see these words,

"Sealed and delivered,

"the paper being duly stamped, in the

"presence of us?"

Duck. I did not see them to mind them.

Court. These words are printed above your name.

Q. Who wrote these words, "of Maze-pond,

"bricklayer?"

Duck. I believe he bid me; I wrote the words.

The letter of attorney read.

It was in the common form, making Samuel Orton , merchant, his true and lawful attorney, to sell or transfer all or any part of 500 l. being part of Captain Bishop 's interest and share in the capital or joint stock of three per cent. annuities, &c. &c.

"Dated the third of August, in the year 1763,

"signed,

Thomas Bishop .

"Sealed and delivered, the paper being first

"duly stamped, in the presence of us,

" Thomas Duck , Maze-pond, bricklayer.

" Richard Smith , of St. John's, Southwark, sail-maker."

Q. to R. Smith. Are you Richard Smith of St. John's, Southwark, sail-maker?

Smith. I am.

Q. Is this your hand-writing on this letter of attorney your name?

Smith. No, it is not.

Prisoner's defence.

I have several gentlemen in court, that can speak to my character for years past. I pleaded not guilty to the indictment, and say the same still.

To his character.

Sir James Bunce , Bart. I have known Mr. Orton six years; he has been often at my house; I always took him to be a very honest man.

Thomas Smaley Browning. I have known him about 18 years; I have done business with him, and have been pretty much with him; I looked upon him to be a very honest man.

William Warnington . I have known him four years; a gentleman to whom I was clerk has drawn bills upon him to the amount of 25,000 l. he was trusted to sell victualling bills for him.

Q. What was that gentleman's name?

Warnington. His name is David Harcourt , Esq; of Yarmouth; he has trusted him with four or five thousand pounds at a time, in victualling bills.

Richard Capell . I have known him about thirty years; I have been intimately acquainted with him; I always looked upon him as a good natured worthy man, universally respected as any man in the Borough.

Philip Thorn . I have known him a good many years; he is as honest a man as any in England, as far as ever I knew; I have laid out a great deal of money with him.

Guilty . Death .

There was another indictment of the same nature against him.

64. (M.) Mary Fawkener was indicted for stealing five linen aprons, four silk handkerchiefs, four linen handkerchiefs, two bed-gowns, a linen shirt, four linen clouts, one linen table-cloth, and two linen shifts , the property of Richard Billingsly , Nov. 27 . +

Richard Billingsly . The prisoner was my servant about eight days; she went away the 27th of November, about six in the morning; when I got up I missed her, and the several things mentioned in the indictment; I went to the person that gave her a character; they said they had never seen her; I went to her mother at Islington; the mother said she had not been there. On the Saturday after, I was told she was at her mother's; the mother said she was not there, but I found her in Bowling alley; she had my wife's gown, an apron, and handkerchief on her; I asked her how she could behave in that manner, in taking the things; she said, she was very sorry, and she must die for it; she told me the rest of the things were at two pawnbrokers; we went by her directions, and found them, some in Turnmill-street, and some near Old-street turnpike.

Joseph Baker . I am a constable; I heard the prisoner own she brought some of these things from her mistress; I had this bed-gown, apron, and handkerchief from off the prisoner; ( produced in court and deposed to) we had two handkerchiefs from a pawnbroker in Cow-cross; (produced and deposed to) the prisoner owned she took these all from her mistress.

Richard Newton . I am servant to Mr. Clark, a pawnbroker; the woman at the bar brought two shifts to me the 29th of November; (produced in court)

Prosecutor. I believe these to be my wife's shifts.

Richard Newton . One Ruth Colchester brought two handkerchiefs and an apron, and pledged them with me.

Ruth Colchester . I carried three coloured aprons, an handkerchief, and a child's skirt to Mr. Newton, to pawn; the prisoner came into my room and wanted a fortune-teller; I told her the person she wanted was dead; then she asked me if I knew of any; I went and shewed her a woman; then she desired me to carry these things to pawn, which I did.

Prisoner's defence.

I did not take them away from my mistress; I found them all bundled up, and as I thought they were my property, I thought I might pawn them where I pleased.

To her character.

Susanna Holloway . I live in Clerkenwell; the prisoner lived with me till August; I know nothing of her since; she was sober and honest to me.

Guilty . T .

65. (L.) Anne Puttle was indicted for uttering a false counterfeit piece of money, in the likeness and similitude of a six-pence, knowing the same to be false and counterfeited , Nov. 6 . ++

Hannah Williamson . My husband keeps a cook's shop in the Fleet-market; the prisoner came to our shop to buy a piece of cold meat, I think it was the 6th of last month, about two in the afternoon; the meat came to 3 d. she gave me a shilling to change; I gave her a good six-pence and three-pence in halfpence; she had not had it long before she asked me if it was a good six-pence; I having been served ill before by her or somebody else, I gave her in change a particular six-pence; the six-pence she shewed me was not the same she had of me; I said, this is not the six-pence you had of me; she said it was; the six-pence I gave her had a dent in the head, and a crack in the side; she stood to it that was the same she shewed me; I said, I'll send for a constable, or I'll see the sixpence that you had of me before you go out of my shop; my son sent the boy for a constable; then I said, if you'll shew me the six-pence you had of me, you shall go about your business; then she said, call the boy back; I did; then she was more impudent than before; the boy was sent a second time; then she produced the six-pence she had of me, this is it; (produced in court.)

James Williamson . I am son to Hannah Williamson ; I came in at my father's house when this woman was detained for passing a bad six-pence; she was searched, and no other found upon her, after she had delivered that which my mother said she had received of her in change: then we went to her lodgings in George-alley, that comes down into the Fleet-market; as soon as we came into her room, she produced to us three farthings made smooth, ready to be made white, in an old rag, and three tea-cups with stuff to make them white; (produced in court) I said, do you know the maker, or do you make them; she said she took to making them some time ago; that an Irishman taught her, who she said was gone to Ireland; she fell on her knees and begged of me to forgive her, and said, she would never do so no more. Special .

66. (M.) Isabella How was indicted for stealing a cloth coat, a plush waistcoat, and a linen shirt , the property of John Harrit , Nov. 17 . ++

John Harrit . I am a tinman , and live in Charles-court in the Strand ; I lost the things mentioned in the indictment, on the 17th of the last month; about seven in the morning, I was getting up, my boy was gone out; there came in a woman; my wife called out, who is there; there was no answer: then my wife said, who is that, Joe; yes, a voice said twice: my wife said, she thought it was not Joe's voice; I drawed the curtain, and saw a woman in the court: I then missed the things; I pursued after her. About two hours after the prisoner was taken, I was sent for to a public-house; I saw the prisoner sitting there with the waistcoat on her arm; I asked her how she came by it; she said she bought it in Monmouth-street; that she gave 6 d for it; I asked her where the coat and shirt were; she said she knew nothing of them; before Justice Fielding she said the same, but at last she told us where they were.

Joseph Clark . I am apprentice to the prosecutor; I met the prisoner about half way in the court, about seven o'clock; she had something in her apron: when I came back, I asked my master if he had taken my cloaths away; he said, no: then I said the woman had got them: about two hours after she came to an alehouse, there I saw her, and knew her again.

Joanna Drew . The prisoner sold me the shirt, and told me it was her son's shirt; this was about 8 or 9 o'clock that morning.

Alexander Clark . I keep a shop in Monmouth-street; I bought this coat of a woman, but I can't swear the prisoner is that woman; the prisoner came to me afterwards along with Sir J. Fielding's man and the prosecutor for it; (produced in court.)

Prosecutor. These are my property; they were taken out of a lower room where my apprentice lies.

Prisoner's defence.

I bought the waistcoat in Monmouth-street, for my little boy to wear.

Guilty . T .

67. (M.) James Field was indicted for the wilful murder of a new born child, by casting it into a tub of water , Nov. 13 . *

Mary Duck . I live at Potter's Bar , in the parish of South Mims. The prisoner is a day labouring man , he lives just by me; I have known him from a child; he had been in that house but about five weeks: he lived with a woman, but I look upon it they were never married. He came to me in the dusk of the evening, on the 13th of November, and said, dame Duck, come and go to my wife, for I think she is fetching her last breath; I went with him; I asked him what she ailed; he said she had an ague and fever; after that I asked him again, and he said, indeed it is a miscarriage; I said, where have you been all day; he said, at home; I said, why did you not come to me sooner, and I would have fetched three or four, or half a dozen women; he said, she would not let him come for any body; this was as we went along; he went in, and up stairs, and I followed him; he held his face cross his wife's face, and said, Lord have mercy on me, my wife is dead!

Q. Was any body in the house beside you and he?

M. Duck. There were only he and I, and his five children. I took hold of her hand, it was very cold.

Q. How far distance between his house and your's?

M. Duck. Not a quarter of a mile; his house is in Enfield parish . I said, give me a handkerchief and I'll tie up her jaw; I did: I turned myself round, and saw a half butter firkin set under the bed; I pulled it out; there I saw a child, which frighted me very much; I then went and fetched some other women, and four of us laid her out; after that I took the child out of the tub, and laid it on a blanket and cleaned it.

Q. Where was the prisoner at that time?

M. Duck. He was below stairs; I took a chamber-pot full of water out of the tub, and I believe there was about half another in it.

Q. Where was he when you first took notice of the child?

M. Duck. He was gone down stairs.

Q. Did you say any thing to him when you went to fetch the other women?

M. Duck. No, I did not say a word to him; we neither of us asked him any questions about it; we examined the child, it was a girl.

Q. Was it full grown?

M. Duck. I think it was, it had nails and hair; there were no marks of violence upon it; the child was parted the same as if a midwife had parted it, and all were in the tub together; then we went down stairs and left the man below, and said nothing to him; after we were out at the door he desired me to go and send one George, a cobler; I went, he not being at home, I went and got a woman to be with him; I went with the woman; he said, that will be of no service at all to be here to night; then we went away, and left him and the five children in the house; he came and fetched the woman in the morning: I went there about ten or eleven in the morning, to help the woman to wash the linen; I had laid the child by the woman, and there I found it; he was then gone to church to get leave of the parish to bury them. On the Saturday or Sunday, as he sat in my house, I asked him if the child was born alive; he said he did not know.

Q. When were they buried?

M. Duck. The child and woman were both buried on the Sunday; the woman was a stranger; I never saw her but once before, and never spoke to her in my life.

Dorothy Ripard . I went at Mrs. Duck's desire to the prisoner's house; I took Mrs. Roberts and Mrs. Sams with me; Mrs. Duck met us there; the man met us at the gate; we said we were surprized he did not call some women to his wife's assistance; he said she would not let him; we went up stairs, and found the woman dead on the bed; Mrs. Duck, I, and Mrs. Sams, laid the woman out; then we took the child out of the water, and took a chamber-pot full of water out of the tub, and I believe there remained half a chamber-pot full more in the tub; Mrs. Duck laid the child on a blanket, and laid it by the side of the mother. There were no marks of violence about it; it was a female child; we called to the prisoner to know if he had ever a sheet to lay over his wife; he said he had never a one; I said, then lend us a table-cloth for decency; he said he had none; then we came down stairs, and I was the last woman that went out of the house; he said he had some gin in the house and asked if I chose to drink a glass of gin; I did not chuse it; then he desired I would tell Mrs. Duck to send George Howard to him at night; I went and sent Mrs. Duck back to take her message herself; I was over frighted, and did not go near him after that

Q. Had Mrs. Duck told you before you went she had seen the child?

D. Ripard. She told me she had found a child in a tub under the bed.

Q. How near do you live to the prisoner?

D. Ripard. I live about 20 poles from him; he came to our house on the Friday morning, to get a horse to go to church; then I asked him how the child came in the tub of water; whether he heard me I cannot say, he turned himself and gave me no answer; he came to our house also on the Sunday (we keep a public-house) for four gallons of beer; I knew nothing of him before he came to live there; he had been there about 5 or 6 weeks; he had five children in the house.

Mary Sams . I was one of the women that helped to lay the woman out; I asked the prisoner at first going in, why he did not fetch some women to his wife; he said she would not let him: we laid the woman out, then took the child out of the tub and cleaned it, and laid it by her, and then came away and said nothing to him.

Catharine Roberts . I have no more to say than what has been said; I never spoke to the prisoner, or was in the house afterwards.

Mr. Roberts. I am a surgeon. On the 25th of November I was sent for by the officers of the parish, and the coroner, to meet him at Mims; there were various reports that the woman and child were murdered; I believe this was seven or eight days after the woman and child had been buried; they had taken the woman and child up; the child was laid under the bellfry, I believe the name of the place they call the bone-house: I examined it; all the jury were with me; I opened the chest, and separated the lungs from the other part, and suspended them in water; it is generally imagined, that in case they sink, they have been no ways inflated, or received the air; they swam upon the surface of the water, but I believe they barely had received air they were so triflingly inflated; I blowed into them afterwards, to convince the jury of what a deal of difference there was, when they had received a due portion, and when they had received little or none.

Q. What is your opinion about this experiment?

Roberts. I am not always quite satisfied as to that; from my own knowledge and experience I cannot positively declare, that the child was born alive; as Mrs. Duck mentioned at that time, that every thing was done as if by a midwife, I expected to see every thing was so done; but when I came to inspect that, there were four or five hand breadths of the navel-string left; an effusion of blood might happen from that, which might destroy the child; the end of it seemed to me to be rather torn than cut: that is a circumstance that should be paid due regard to, in every child that is born.

Q. Were there any marks of violence upon it?

Roberts. No, there were not. I was desired likewise to inspect the body of the woman; there were no marks of violence on the body, nor no bad appearance.

Q. Was that a sufficient quantity of water as has been mentioned here to drown a child?

Roberts. To be sure it was; there was a trifle of water in the child, but the coffin was full of water when they were taken up.

Prisoner's defence.

I was bad 3 weeks, and my wife was bad a fortnight, with the fever and ague; we nursed one another as well as we could; she was worse that day, being the Thursday, than any day; I had had a pair of shoes of a shoemaker, and a bottle of stuff, which he sells for a pain in the side; I took 30, 40, 45 drops at a time; he said it would do my wife good; it had done me good; I gave her a few drops of it in a little tea; she thought herself better, after that she thought herself worse; then she desired me to make her a little gin hot; I got some, and gave her a dram of cold gin; she was very bad; I said, shall I fetch any body; no, she said, she was a stranger in the place: I asked her again; she would not have any body sent for; she grew worse and worse. In about an hour after she drank the gin she miscarried; I said, dear heart, what is the reason you did not tell me of all this; why did you not tell me you was in labour; said she, I shall be very well, hold your tongue, I am as well as if I had 20 women here, I have done all the work myself; the chamber-pot was full by the bed-side; I was not in the room at the time of her labour; I was with the children below; she desired me to bring up something to empty the pot in, and I carried up a half butter firkin which she used to wash in; if there was any water in it, it was but a trifle: she grew so ill that I could not understand what she said; then I went for Mrs. Duck; I came from the same parish to that house, but I am quite a stranger there; that place is five miles distance from where I came from.

Q. to Duck. How did the prisoner's children appear?

Duck. They were very well, hearty and clean, for a poor man's children; they looked as if they had been taken care of; the prisoner behaved well when he was a boy; I knew him a child, but I had not seen him for 26 years, till he came to that place.

Acquitted .

68, 69 (L.) David Atchinson was indicted for stealing 33 yards of linen-cloth, value 33 s. the property of John Story and Christopher Alderson ; and Robert Faulkner for receiving the same, well knowing it to have been stolen , Oct. 25 . +

Christ. Alderson. John Story and I are partners; we keep a warehouse in Laurence-lane ; we sell worsted goods wholesail ; I was informed on Saturday night the 25th of Oct. by George Cape one of our clerks, that he had that evening discovered a piece of hessian secreted in the house, and that he believed it was taken away by Atchinson; he was a porter of ours: when Atchinson came to work on the Monday, we called him up stairs, and asked him how he came to take away a piece of hessian on the Saturday night; he at first denied he did take any away; but, upon telling him we had proof of it, he confessed the fact, and begged we would forgive him, and said he would get the piece again; he said it was at a neighbour's, near where he lives, near Aldersgate-street; we asked him the person's name where it was, which he seemed very averse to telling us; we insisted upon knowing; he then said he had sold it the same night, to one Mr. Faulkner, who lived near Queenhithe; I asked him what business Mr. Faulkner was; he said he dealt in linen, and old wrappers. I asked him what he sold it for; he said for half a guinea; (it cost us a guinea) we got a search-warrant, and went to Mr. Faulkner's on the Tuesday morning; he keeps a little shop; there appeared to be several bags of cotton or wool, I cannot tell properly what shop to call it; it is in Black-Swan-alley, at the bottom of Garlick-hill; we met with Mr. Faulkner; I told him I was informed, he had bought a piece of hessian, that was stolen from us the Saturday night before; he said there was a piece brought to him on the Saturday night, but he did not buy it; he only advanced 14 s. upon it; I asked him to let me see the piece; he stepped backwards and brought it; I looked at it, and saw it was marked with the same mark, as other hessians are that we had by us, the maker's mark; ( a piece produced in court) I believe this to be ours, but I cannot positively swear to it; then I ordered the constable to serve the warrant upon him, and he was taken before the Alderman at Guildhall; then he said he advanced 14 s. upon it; the other prisoner declared he sold it him for 14 s. before Mr. Faulkner's face; Faulkner said he knew Atchinson was our servant, and that he had sold him ropes for our use; we make use of ropes in putting them round cases and bails.

Q. How long had Atchinson lived with you?

Alderson He lived with us four or five years, and I looked upon him as to be as honest a man as any in the house.

Cross examination.

Q. Did you not see ropes in Faulkner's shop?

Alderson. I did not see a rope there.

Q. Did he immediately produce the piece upon your asking him to see it?

Alderson. He did; but stopped a few paces back, and took it out of a place, which I thought was a place of concealment.

Mr. Bagley. I served the warrant on the 28th of October. Mr. Alderson and his man went with me; Mr. Alderson asked Mr. Faulkner, if he had not bought a piece of hessian-cloth on the Saturday night; he answered, no, he had not bought it, but your man brought a piece here, and told me he bought it for his own family's use, and desired me to lend him so much money upon it, which he said he did, I think it was 14 s. he said this is the piece, and took it from off a half sack of cotton, and laid it before him, and said, I expected him here before now, to come to fetch it away; Mr. Alderson looked at the piece, and desired I would serve the warrant; I told Mr. Faulkner he was my prisoner; he said he would find bail: Mr. Alderson went away; then we went to Guildhall and had a hearing; but I was on the outside the door, and did not hear what passed.

Cross examination.

Q. What does Mr. Faulkner deal in?

Bagley. He deals in cottons, and has it spun in the country; he serves tallow-chandlers and lamp-lighters with cotton-yarn.

Q. Is he a man of credit?

Bagley. I am pretty sure he is trusted with thousands, and tens of thousands of pounds worth of goods.

Q. What were the words Mr. Alderson made use of?

Bagley. When I looked into the body of the warrant at the alehouse, I said, God bless me, I have known the man 12 years; well, said he, if he is an honest man, he will give us the piece without making us search for it, and he gave us the piece without any hesitation.

George Cape . I am servant to Mr. Alderson; I was going down stairs, and behind a bit of a board I saw a parcel tied up; I took it out, and saw it was a piece of brown hessian; I put it in the same place again; after that I went into the warehouse, and staid there; and after the prisoner and other porter came in, I walked backwards and forwards in the warehouse; then I went up stairs, and left them together; in a little time I thought I would go and see whether the piece lay where it did before, I went and found it was gone.

Q. How long had you been absent?

Cape. I had been absent about a quarter of an hour; then I went in order to tell Mr. Alderson, but he was not in the way, but I told him afterwards.

Atchinson said nothing in his defence.

Faulkner's defence.

I did not know it to have been stolen; Atchinson brought down the bundle of linen, tied up in a piece of paper, about seven at night; he desired me to walk backwards with him; he said I am very short of money at present, I wish you would lend me 15 s. I said, what security can I have for it; said he, if you are afraid of your money I'll leave this piece; I put my hand in my pocket, and had no more than 14 s. which I very readily gave him.

To their characters.

William M'Moran. I have known Atkinson about seven years, he bears the best of characters; he has a large small family, living only upon the donation of the charitable, since he was in confinement.

Richard Wood . I believe I have known him six or seven years; when he first came to London, he worked for me pretty near 12 months; he kept himself sober, and attended his hours at labour; after that he was porter to Sir Richard Glyn , and after that he came to the prosecutors; they asked me some questions about his character, I gave him a good one, which he deserved, and no better.

Q. What character can you give him now?

Wood. He behaved in general as an honest man; I have so good an opinion of him, was he clear, I would take him into my service; I never heard any ill of him till this affair.

Mr. Baskerville. The prisoner Atchinson worked for me three years ago; he behaved as an honest man.

For Faulkner.

George Street I live at Dowgate-hill, and keep a warehouse; the prisoner Faulkner has been in my service seven years; I have trusted him with perhaps ten, twenty, or thirty thousand pounds worth of goods at a time; I trust him with silks, carpets, mohair, yarn, and all that we have that come from Turkey and Leghorn; I never missed any thing since he has been in business by him; he is as honest a man as any in the world; was he to leave me, I would be bound for him for 500 l. as an honest man; I would be very unwilling to part with him; I would give him 10 l. a year more than I do rather than part from him.

Mr. Walford. I have known Faulkner between eight and nine years, I live in the same parish that he lives in; he bears a very good character. It never was impeached, and the general opinion of him in the neighbourhood now is, that he is an honest man.

John Walker . I live in Laurence-lane, I have known Faulkner three or four years; I am partner with Mr. Murrel, a large dealer in cotton; we trust him with things of great value; within two or three months, we have trusted him with three or four thousand pounds; we look upon him to be a very honest man.

William Evans . I have known him six or seven years, he was always a very honest man; he has had great trust put in him to my knowledge.

Mr. Greenwood. I have known him about five years, he has a very good character; I never heard the least imputation on his character, he has goods to the amount of several hundred pounds; I believe two thousand pounds at this time, belonging to me; was it ten I should not be in the least doubt about it; he is a very honest, sober, industrious man, a person one can conside in.

Mr. Downs. I have known him above seven years, he is a very honest industrious man; I never heard the least impeachment on his character; I should have no doubt of trusting him.

Mr. Shrub. I have known him about eight or nine years; he has as good a character as any man in England; he has had great trust; I would trust him with any thing.

Atchinson Guilty, Recommended . B .

Faulkner acquitted .

70. (M.) Anne Davis was indicted for stealing a half guinea and a quarter guinea , the property of Benjamin Blundey , Oct. 26 . ++

Benjamin Blundey . I am a journeyman carpenter , and live at Marybone; about six o'clock one evening above three months ago, I was taken to a house in St. Giles's , by another person, a man, there we drank; there were two women there; my companion went away, and left me with them.

Q. Was you fuddled?

Blundey. No, I was not.

Court. If you was not, you would not have been there.

Blundey. One of them sat upon my knee, while the other took my money out of my pocket; the prisoner was one of them.

Q. Did you perceive her doing it?

Blundey. I did.

Q. Which of them took your money?

Blundey. The prisoner did; she took it out of my fob; I asked her for it again, she would not give it me; I perceived her put her hand into my fob two or three times; she said, all that she got was her own; then one of their bullies took me to another house, and called for a pint of beer, and left me to pay for it, and I had no money to pay for it; then I went and complained to Master Dinkles; the next morning he went along with me to see after them, and we found them both in the room, and a man with them; the other woman fled, and after that, the prisoner; we went for a warrant, and took the prisoner, just after last sessions.

Q. Did you ever find your money again?

Blundey. No, I never did.

Q. Are you sure you had your money at the time you went into that house?

Blundey. I am sure I had.

Nicholas Dinkles . The prosecutor is an acquaintance of mine; he told me what had happened; I went with him to the room where he said he had lost his money, there he found the girl; I asked her why she did not deliver the money back; she said, what she got was her own, if there had been ten times more: I said, you had better return it, or I will have you before your betters; she said, I don't care for that, you may do your best and your worst. We went down to Justice Welch, and left a man in care of the door, and when we came back, she was gone; we were after her all that day, and could not find her; this passed on for two months; after that, an acquaintance of mine told me where she was; we went and took her in St. Giles's; then I asked her, if she would make the affair up; she said she would not; then said I, you must go to some other place; I said to the constable, take her to the round-house; she lay there all night, and the next morning Mr. Welch committed her to Bridewell; before the Justice she said she had the 5 s. 3 d. but that the young fellow gave it her, and that he gave her 4 s. in silver besides; he owned there he gave her the 4 s. but not the 5 s. 3 d. piece; she said the other girl had the half guinea.

Prisoner's defence.

What they say is false; I went into a public-house, the young man was sitting there, and an elderly man with him, and a young man or two with them; I sat down in another place; the elderly man called to me, and bid me sit down by that young man; I said, I did not know him; the elderly man said, why will you not go to the door and speak to him; he asked me where I lived; I told him he might go over the way; he went there, and gave me 2 s. and was there about half an hour; then he went over to the public-house; I followed him; he drank to me, and asked me where I lodged; I said I had a room of my own, where is none but a young woman of my acquaintance; he urged many times to go, and said he would not use me ill; I went with him to my own room; he asked me if I had no coals to put on the fire; I made up a fire; he gave me a shilling; the other girl and he sat together; I asked him if he would have something to eat; he said he would; he gave me a 5 s. 3 d. I went to the pastry-cook's, and got a giblet-pye and a neat's-tongue, and we had our supper, and three or four pots of half-and-half, and four or five half pints of gin; then he would have another pot of twopenny hot; the old man was waiting in the public-house; when I came there, he asked me how the young man behaved; I told him he gave me a 5 s. 3 d. piece; he asked me to give him something to drink; so I carried the half-and-half home; the other girl told me he gave her half a guinea while I was gone, and she was to return him some change out of it, but she would not return any; he came in the morning, and knocked at the door; I let him in, and sent for half a pint of gin; then he drank it; he wanted something out of the 5 s. 3 d. I said I had not much left, and I would keep what I had; he said, if you will not give me something out of it, I will go and fetch some body that shall make you; he went and fetched that man; then they asked me for the whole money again, and I would not give it them.

Acquitted .

71. (M.) James Wilton was indicted for stealing a brass pottage-pot, value 2 s. the property of Richard Dolley , Nov. 16 . ++

Elizabeth Dolley . My husband is named Richard, we live in the parish of Hesson ; I set the pottage-pot by the side of the door on the 16th of November, and it was taken away; I missed it the same day about two or three in the afternoon; I found it again at Mr. Durling's on the 17th, and on the 29th the prisoner was taken; I saw him at the Justice's; there he said he did not steal it, but owned he was the man that carried it to Mr. Durling's.

William Durling . I am a brazier, and live at Hounslow; the prisoner and one Thomas Williams brought the pottage-pot to me on the 15th of November about four in the afternoon; I bought it, and on the Monday Mrs. Dolley came, and asked me if I had bought such a thing; I said I had; he desired to see it, but I had cut it up, and put it among the old metal: she asked me, whether there was not a button put through a hole, with a name on the outside; we looked, and found there was such a thing; she desired me to stop the persons if I saw them again, and on the 29th I believe the prisoner and another man came to me; they went past my door; then Williams turned back, and came into my shop, and asked if I would buy another kettle; I not being in the shop, my lad said, are not you the man that my master bought a little pot of some time ago; he answered yes; I was in the hearing of it; he called out, master, here is the man that you bought the pot of; I came into the shop, and said, what have you got here, my friend; he said, an old kettle, if you please to buy it; I said, take it out of the bag, and let me see it; in the mean time, I stepped out, and desired an officer to be called; I was got but a little way before I saw him out of the door on a full run; I shewed him to the officer, and told him what he had done, and in he went for his staff, and in the mean time he got off; but we met with the prisoner at last, coming up a lane from Isleworth; I clapped my hand upon his shoulder, and said, friend, what is become of your companion; I asked how he came by the brass pot he sold me before; he said nothing for himself some time, but at last he said he met Thomas Williams , and Thomas Williams desired him to stay at the gate, while he went over the gate and brought it to him.

Prisoner's defence.

I have nothing to say for myself, I am a chimney-sweeper .

Guilty . T .

72. (M.) Francis Unwin was indicted for stealing a gold watch chain, value 40 s. the property of George Lookup , Esq ; Nov. 14 . ++

George Lookup . On my Lord-Mayor's day I was at the corner of King-street, Cheapside; the procession was coming from Guildhall; finding I could not get forward, I turned back; a man pressed me, and asked me where I was going; I said I wanted to go forward: I was going to Coleman-street, and before I got there, I put my hand in my hand in my pocket, and missed my watch (a gold one;) I was a little in doubt whether I had not left it at home; when I went home, I found it was not there; I went, and gave a description of it to Sir John Fielding ; he published an advertisement to pawnbrokers and silversmiths; I lost it on the Monday, and this was on the Friday following, Mr. Jarvis called upon me, and said, he had a chain like mine left at his house to be sold; I looked at it, and said, it was part of my chain; (when it was lost, there was a very remarkable key and four seals to it) I took out a warrant against the man that had left it with him, which was the prisoner at the bar, and a search-warrant; he was to return to Mr. Jarvis's house for the money for the chain; Sir John Fielding proposed, my waiting till he came there for the money; but I was for being at the searching the prisoner's house, and accordingly I sent for some of Sir John's people and a constable, and went to his house, which is beyond the turnpike at Whitechapel; one of the people came and told me, they had taken him in bed; I ordered they should not search the house till I came; I went, and we searched with great circumspection, and found nothing; the prisoner was carried to prison, and on the Monday before Sir John Fielding . Nothing passed on the examination; all he said was, he found the chain among some of his wife's trinkets; the middle piece that held the whole together was very remarkable, but that is not to be found; indeed, the whole that is here produced is very remarkable, but I do not chuse to swear to it.

Thomas Jarvis . I am a goldsmith in Whitechapel; this chain (producing it) was brought to my shop by the prisoner at the bar; he had been at my shop twice before; the first time was about six months ago; then he brought a shank of a gold seal, the stone was taken out: then he was a perfect stranger; I bought it; he brought two more about a month afterwards, them I bought. I began not to like him, and was determined not to buy any more of him. About four months after he brought me this chain to sell for old gold; I wondered to see such a costly chain so mangled, and to be sold as old gold; I said I should not buy it, except an assay was made of it, as there always is solder in such things; by this I was in hopes he would go away; he said he would leave it with me, and asked how long it would be before an assay could be made; I said about three or four days: he left it; I ruminated upon it some time; in the mean time a friend came in, before whom I laid these circumstances which I have here mentioned, and remembering a notice of Sir John Fielding 's, that there was a watch with a chain of three rows of gold lost, I went to my file where I put these things and saw it; my friend's advice was to write a letter to Sir John; I being going that way that evening, I thought proper to call myself. When I came there Sir John was not at home; his clerk recommended me to the gentleman's lodgings that had lost the watch; I went there, and the gentleman came the next morning to see the chain; he saw it, and said he did not chuse to swear to it, but he could lay an hundred pounds to one it was his chain: my servant went with the gentleman to Sir John Fielding 's; I had taken a memorandum of the prisoner's name, but not the place of abode; but describing the prisoner to my friend, my servant said, one of Sir John's people said, by the description he believed it was Unwin; the result was to issue two warrants, one to search his house. The next morning Mr. Lookup came to me very early; I went with him and one of Sir John's people; when we came there, Sir John's man asked me if that was the man; (meaning the prisoner) I said, yes; then he secured him.

Prisoner's defence.

When I came to the silversmith's house, I told him I had a chain to dispose of, and desired him to look at it; he said he thought there was some solder in it, and he could not rightly tell the value of it; said he, I can make an assay of it; you may call in three or four days, and I can let you know what it is worth, call about Tuesday or Wednesday; I told him what it weighed; he set it down in his book, and asked me what my name was; I told him; when I came before Sir John, I asked in particular whether they could swear to the chain; it was among my wife's trinkets, I had had it fourteen or fifteen months; said Mr. Lookup, it looks like mine; I said it was my property.

To his character.

John Davis . I am a dyer, I live behind St. Luke's church; I have known the prisoner about year and a half; he has been a seafaring man, and he trades with the East India shipping when they come in; he lives by Mile-end turnpike: I never heard any thing amiss of him; I have seen him frequently at his sister's, who keeps a public-house

Richard Pike . I am a Gent.

Q. What is that?

Pike. I am a clerk to the South Sea company now; I have known the prisoner a year and a half; I know no farther of him than that his sister keeps a public-house in our neighbourhood, and I have seen him there many a time; he always behaved in a very complaisant manner.

Thomas Dean . I have known him two or three years; I never heard any thing amiss of him.

Acquitted .

73. (M.) William Taylor was indicted for stealing a book, intitled the general shop-book, or tradesman's universal director, value 18 d. and one book, intitled the history of Lapland, &c. value 2 s. 6 d. the property of John Wade , Dec. 5 . ++

John Wade . I am a bookseller , and live in Holbourn ; the prisoner used to come and buy a penny pamphlet at times; I suspected him a great while of robbing me; I told my wife to observe when he went out of the shop, to see that he had nothing about him, when he was there on the 5th of December, and I went out of the way on purpose, and left him in the shop; I went to the Elephant and Castle, and in about half an hour my man came to me and brought the prisoner and these two books; (producing the books mentioned in the indictment.)

Benjamin Palmer . I am servant to Mr. Wade; the prisoner was at our shop after my master was gone out; he asked me if I would drink part of a pint of purl, and sent me for it, and bid me bring change for 1 s. and gave me one; he was at the door when I went out, and when I returned, while we were drinking the purl, I thought I saw something under his coat; I looked and saw a book there; I let him go out of the shop, and then ran after him.

Q. Had he bought any thing?

Palmer. No, he had not; I carried him to my master, and took the book out of his pocket; (produced in court, the titles answered to the indictment, deposed to by prosecutor.)

Prisoner's defence.

I had been bargaining with this man, and at the time he went for the purl, I had the two books under my arm; when he ran after me I had not got 50 yards from the shop; I am a countryman, and taken at a nonplus; I sent for a few friends but they are not come.

Guilty . T .

74. (M.) Edward Gorman was indicted for stealing a silver watch, value 30 s. the property of Thomas Bunce , Dec. 1 . ++

Tho Bunce . I live at the Swan and Two Necks, Lad-lane; yesterday was three weeks I was just come out of the country; my watch was lost, and I found it again at Mr. Humphreys's, a pawnbroker.

Mary Stamp . I missed the prosecutor's watch out of my apartment. On the 1st of December, the prisoner came to ask for one William Hicks , between 11 and 12 o'clock that day, who lives up one pair of stairs backwards; I was in my landlord's apartment below; my apartment is up one pair of stairs, from where the watch was taken; I don't know who took it.

William Humphreys . I am a pawnbroker; I live in West-street, St. Andrew's, Holbourn; the prisoner brought this watch to me on the first of December in the afternoon; (produced and deposed to by prosecutor) he said his name was Brown; he asked a guinea and a half upon it; he said he lodged in St. Giles's; I went with him about three quarters of an hour, to see for some person that could give me satisfaction that it was his own, so I carried him to Justice Welch.

Stamp. This watch here produced is the prosecutor's watch; it was lost out of my room that day the prisoner went up stairs.

Prisoner's defence.

I was going up stairs, I saw a watch hanging on a nail; I took it for want, because I had no victuals; I had been just a week in London, and could not get any work to do. I came from Bristol; I was acquainted with William Hickes of Bristol; he lived in Barnaby-street.

Guilty . T .

75. (M.) John Curtis was indicted, together with Jacob Buckey , not taken, for stealing one hempen sack, value 18 d. and three bushels of oats, value 3 s. the property of William Sherwood , Feb. 6 . ++

William Elliot . I am a waterman; I was looking out for a fare about nine or ten months ago, about twelve at night; the prisoner and Buckey went into my boat; I went into her to stop them; they took my boat by force, and threatened to throw me overboard if I attempted to stop them; then they rowed over, and up the shore on the other side the water, between Horsleydown and Pickleberring; they went into a long-boat, and took me away with the boat, and threatened to drown me if I resisted; they lifted up the tarpaulin, and took out a sack, and put it in my boat, and brought it on shore at St. Catharine's; as they were carrying it up from the boat, some how or other it spilt; there came an officer, and said there had been some roguery, by seeing oats lying about; they were almost all shot out; I do not know what they did with the oats that were not scattered; we were all suffered to go away that night.

Q. What is the prisoner?

Elliot. He is a waterman .

Q. How came you to tell of this affair now which was done so long ago, and not speak of it then?

Elliot. I was afraid to tell of it before.

Thomas Green. I am a watchman at St. Catharine's; about half an hour after twelve that night, I saw some oats on St. Catharine's-stairs, and also an empty sack was found there; Buckey brought them on shore; they were going to empty them into another sack on the stairs, and some were scattered about; there were such a gang of them I was afraid of my life; I go in danger of my life now, and dare not do my duty.

John Vaughan . At that time I was headborough; on the 5th of February at night, I went down to the watch-house, and asked if all was right; Green told me something was not right; I went down to the stair-head, and saw some oats lying; I took and filled my handkerchief, the prisoner was there, he took up some; I thought a robbery had been committed; I desired a watchman to light me about; looking under the waterman's bench, I found a sack, with Mr. Sherwood's name on it; the next morning Mr. Sherwood's man came and owned it.

William Sherwood I am a corn-factor; the sack which was found was my property; I lost a sack of oats that night, it was stolen from out of one of my crafts; the few that was scattered there, which was about half a bushel, they appeared to be the same as mine.

Prisoner's defence.

I and Jacob Buckey had been down below, coming up, we met with the King George, a Holland trader; we towed the vessel up to Lime-house, after that we took the passengers out; they said they wanted to go to the Thirteen Cantoons, we thought at Iron-gate; when we came to St. Catharine's-stairs, there was this William Elliot ; I saw a sack in his boat, he was going to lend a man a hand up with the sack, he wanted me to lend him a hand; I would not, having other business to do; Elliot swore at me, and called me all the dogs he could think of; I went away, and when I came to the Thirteen Cantoons, they were not the right; it should have been the Thirteen Cantoons, at the Seven Dials; being tired I could not get there; we had two pots of beer, and were coming down to the waterside; the headborough was coming out of the Two Brewers, and followed us down; when he came to the stair-head, there lay the oats, but in the night nobody knew what it was; I came down, and said it was oats; the headborough filled his handkerchief, and I filled mine; we carried them both into the watch-house; Elliot was standing at the same time by the fire-side, in the watch-house; I said there must have been thieves; the officer said bring a light out, look about, and see if you can find any thing else; they found a sack with Mr. Sherwood's name on it.

He called Francis Steadman and John Lee , who gave him a good character.

Acquitted .

76. (M.) Anne Willis spinster , was indicted for stealing 10 s. in money numbered , the property of Thomas Fox , October 4 . ++

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

Alice Fox . My husband's name is Thomas Fox , we keep the Hercules Pillars in Great Queen-street ; on the 3d of October between eleven and twelve at night, I took the silver and gold out of the till, and afterwards locked the till, with very near 20 s. in halfpence in it; then I went to bed, and took the keys with me; the prisoner was our servant ; the next morning there was 10 s. at least missing; I searched the prisoner's boxes, but found nothing; she was charged with this in the morning; she went away that day.

Q. Was she paid her wages?

A. Fox. No, she never was paid; she has had her cloaths away.

John Fox . I am going into fourteen years of age, I am Mr. Fox's nephew, I live with him; the only servants in the house, were William Salmon and the prisoner; she followed me up and down the house that night to get me to bed; between twelve and one I went up stairs, she was in the bar; I could not think what business she had there, Salmon was asleep in the kitchen; the bell rang, there was company above; I called Salmon to answer the bell; the prisoner had this thing in her hand; (producing an instrument to mark vessels with) I went softly down stairs, she did not hear me till I got down; she was trying to break the till open with it; the company paid their reckoning, then Salmon went into the kitchen; after that Salmon and I went up stairs; he looked through the ballusters, and I looked out of the window to the street; we heard her go to the till, and rattle down some halfpence; I heard the till fall to the ground; she staid till morning almost; we wondered she did not come to bed; we told master of it next day, and he turned her away directly.

William Salmon . I was a servant to Mr. Fox on the 3d of October; after master and mistress were gone to bed, at about eleven, the maid and the boy and I were up; there was company up stairs; after they had paid their recconing and were gone, I went to go to bed, and left the prisoner below stairs, that was about one o'clock; the boy told me, he saw the prisoner trying to open the till; I not hearing her come up, I leaned over the ballusters; I saw her go into the bar, and presently heard the till creak, and in about a minuet the till fell down; it made a great noise of halfpence falling about.

Q. How high is the till from the ground?

Salmon. It was about breast high.

Q. Could you see her when she was in the bar?

Salmon. No, I could not; there was then no foul below stairs but herself; presently we saw her come out of the bar, she went down into the cellar, and brought some beer up in a mug; then she opened the door, and after that came to the door again; then she went into the kitchen, and took some bread and butter, and went to the door.

Q. What time was this?

Salmon. This was about half an hour after one;

Q. Is that the usual time of the maid's being up?

Salmon. No, it is not; I never knew her to be up after twelve; after she came from the door, she went to the bar again; this was her third time of going to the bar; we listened a little, and heard no more, and then we went to bed; then the watchman was going two; the boy and I came down first in the morning.

Q. When the till fell, why did you not go down stairs?

Salmon. I said to the boy I'll go down; the boy said no, do not, she will say it is you; in the morning we found the till about half way open; my master came down in about ten minutes after us, the lock was almost wrenched off; I told my master of what had passed; he taxed her as soon as she came down; she said she did not know what he meant; I found some halfpence in a drain in the back room in the yard, and some on the ledge among some feathers, about a fortnight after this.

Q. How much money did you find?

Salmon. There was about two or three and twenty-pence of it.

Q. Did your master get a warrant for her?

Salmon. He did, I went with him to get it; I think it was on the 13th of October; ( produced, dated the 12th of October) this is it; it was delivered to the constable; the constable came to our house several times after; I heard my master desire him to seek for her; he said he could not find her.

Cross examination.

Q. Had not the prisoner and you often quarrelled?

Salmon. No, not often.

Q. Had you not a quarrel with her that night?

Salmon. I did not pass two words with her that night; she wanted to know what was her share; I said I should not give it her then, having no change; this was in the kitchen; I saw she wanted to quarrel, and I made no words with her, so I and the boy went up to bed together.

Q. Do you not know whether Mrs. Fox has had any suspicion of this boy?

Salmon. She has missed halfpence sometimes I believe, but I was but new come then.

Q. Do you know of any silver being missing?

Salmon. There was a six-pence lost I believe, from off the shelf.

Q. Do you know who took it?

Salmon. I cannot tell who did.

Q. Did you not upon some occasion search the boy's pockets for a six-pence that he had taken?

Salmon. Yes, I did.

Q. What time does your water come in?

Salmon. That comes in on Mondays, Wednesdays, and Fridays.

Q. Was not this on a Friday night that you talk of, that your water should have come in?

Salmon. It was.

Q. Did she not save some water that night?

Salmon. I don't know that she did; there was not always water saved on Fridays.

Q. When was the prisoner discharged?

Salmon. On the Saturday morning.

Q. When did she come to your house again?

Salmon. She came again that morning, for some cloaths to put on.

Q. When did she come the next time?

Salmon. That was the week following, then she took one box away; I believe that was on the Monday or Tuesday.

Q. Did she come after that?

Salmon. She did one night, about nine or ten o'clock, I believe that was the same week; she wanted her other box; master said she might come again in the morning.

Q Did she come again after that?

Salmon. No, she never came again at all.

Q. Was the warrant taken out when she was at your house?

Salmon. No.

Q. Was there any talk when she came, of charging a constable with her?

Salmon. No.

Q. Where was she taken?

Salmon. She was taken in our tap-room on a Saturday night; she came in with another woman; the other woman called for a pint of beer.

Q. Did you hear her say she came to surrender?

Salmon. No, I heard it said she was come to surrender to the warrant.

William Goodall . I am a watchman, I stand at Mr. Fox's door; that night the maid came to the door about one o'clock the first time; she came a second time a little before two; she asked my wife for some snuff.

Q. Has she ever come to you when you have been upon your watch before?

Goodall. She has; she complained of her fellow-servant, that he would not let her have what money was her due, and said, she would tell her master the next day; I believe she went away the next morning.

Cross examination.

Q. Have you known her sit up to save water?

Goodall. I have.

Q. How late have you known company stay at that house?

Goodall. I have known company to stay till two in the morning, or after, sometimes.

Thomas Fox . I keep the Hercules Pillars: on the 3d of October I went to bed about half an hour after eleven; I always order that the maid should go to bed at eleven, sometimes to stay a little longer up on a Saturday night; but there was nothing to cause her to stay up longer than usual on the 3d of October; after I was gone to bed, I heard some company go down; after that I went to sleep, and afterwards I heard a noise; in the morning, when I came down, my man came to me, and said, Sir, we have had thieves in the house, Nanny has broke the till in the bar; he said the boy and he watched her; I said, why did you not come and call me, I don't recollect his answer; he said, when they got into the room, the boy said, he went down stairs, and saw Nanny trying to open the till with the instrument we mark casks with; then he went, and from the ballusters of the two pair of stairs he sooped down, and saw her come out of the bar; there was a few halfpence and farthings in the till, which was open; part of the wood was wrenched.

Q. Was it in that condition when you had seen it before?

Fox. No, it was not; the maid came down a little before eight; I followed her into the kitchen, and desired her to give me the money she had taken; she said she did not know what meant; then I desired her to go about her business; she went away; she came again the same day for some of her things; and the after, on either Monday or Tuesday she came again; after that some of the neighbours talked to me a good deal for turning her away, and not prosecuting her, saying, it might bring me into a good deal of trouble; I took out a warrant on the 12th of October; this is it here produced; I sent it up to Mr. M'Ginnis, a constable; he not being at home, came to me; then I desired him to make it his business to and the prisoner; I heard she lodged at a hatter's, in Leather-lane; about three weeks after this, I was served with a copy of a writ, the copy dated the third of November (produced in court) I was served with it the same day. On the Monday or Tues day, when she came for her things, she went backwards in which room there is a drain which she used to clean: she staid there some time, and that day fortnight as she went away, I sent a man to clean that drain; I went with a candle, there I saw some halfpence; I took them up; there were 19 l d. among the dirt, and 61/2 d. lay by the side of the drain.

Cross examination.

Q. How often might she have been at your house after you turned her away?

Fox. I believe three or four times.

Q. Had you ever any talk with her at any of these times about charging the constable with her?

Fox. No, I had not.

Q. Where was she taken up?

Fox. She was taken up in my house.

Q. Had you heard of her coming before she did come?

Fox. I heard she was to come on the Thursday; I was told that was to indict me, if I did not take hold of her.

Q. Did she not tell you she was come to surrender to the warrant?

Fox. No, she did not; I gave the constable charge of her.

Terence M'Ginnis. I am a constable; this warrant here produced. Mr. Fox gave to me on the 13th of October; he told me it was to take up his servant maid, Anne Willis , for breaking his till, and taking some money: he told me to enquire at a hatter's in Leather-lane, there he said I should find her. On a Saturday night she came to Mr. Fox's; he sent for me, and I went and took her; Mr. Fox has called upon me, and begged I would look out for her, and take her.

Cross examination.

Q Did she make any attempt to escape?

M'Ginnis. No, she did not; she behaved modest and agreeable.

Prisoner's defence.

I never wronged my masters of a farthing in no place wherever I lived. This Friday night I sat up while two o'clock almost to save water, which we usually do; as to the ti: I never touched it, or was near it; as to the halfpence, I know no more of them than the child unborn; when I came down stairs, my master was there and the boy; I came into the kitchen, in order to go about my work; there was a woman came to scour the pots in the morning; I said to her, have you had your dram; I went to the bar for the bottle of gin; master came and said, Nanny, What do you want there; I said, I am going to give the woman a dram; master said, serve her Jack (meaning the boy) I set the bottle down on the floor, and came into the kitchen; I thought that was very odd; in about a quarter of an hour after, master came into the kitchen, then the woman went out; master said, Nanny, if you please, give me the halfpence you took out of the bar last night; I said I never touched any; he said, the till then; there are two people saw you; I said, Sir, you are joking; I thought this boy who had pilfered and robbed him several times, I thought he spoke of him; he stood peeping in the kitchen. When mistress came down, she began upon me much the same, and bid me go and fetch the halfpence, and said, there were people that could swear it; she desired me to go up and fetch them; I said I would not go up without she would go up with me; master and she went up with me; I pulled my drawers out, and opened my boxes; I opened my least box, but could not find the key of my large one; I desired them to break it open; he desired I would go and get a key, in order to open it; I went to Mr. Pitt's, but could get none; I came back again; master and mistress were still in the room, and in taking some caps out of a small drawer, I found my key underneath them; then I opened the large box, and there was only a black petticoat in it; mistress said, Hussey, you have stole these halfpence, and have conveyed them away, you are a thief. I said, Madam, I shall make you prove your words, if you say any such thing; she said she could do it; master said, let her go about her business; I said, what, without my cloaths and wages; I went away, and came back in about an hour, having only my old cloaths on; when I went in, mistress came to me, and called me names, and said I had better own it, I was heard to do it; Mr. Fox said, with an oath, do not say heard, she was seen to do it; I desired she would not call me thief; she said, if you speak so, I'll send for a constable; after some time, she bid me go about my business; I went away, and on the Saturday night I went again, and demanded my little box, and on the Monday I was hired to a place; the gentleman went for my character, and they gave me the character, that I was a great thief and a drunkard, as ever came into a house; the same day, in the evening, I went to the house again, and Mr. Candy along with me; he went into the tap-room, and called for something to drink; I went to the bar, in order to ask for my cloaths and wages. Master told me, I should have nothing there that night, and bid me get out of the house, or he would kick me out, or to that purpose; I went to Mr. Candy in the tap-room, and sat about half an hour, then we went away; I went again, October the 8th, and asked after my large box, which was up three pair of stairs when I left it; that I desired Mr. Salmon to fetch down into the dining-room, and said, I would send for it in about an hour; he did; I went up into the room to him: Mrs. Fox came up to me, and asked me how I came to send for my character; I told her, I had a just right to send for it, and a character I would insist upon from her; she said, you are a thief; I said, do not call me thief; you have thieves among yourselves, and want to lay it to me; she said she would send for a constable; I said, I wish you would, rather than let me lie under this scandal; she bid me go about my business; I said, I would not go without my wages; she said, you have paid yourself, I think. Master said, let her come down to me, and I'll talk to her about wages; I went down stairs to him; he said, what wages is due to you, Madam; I said, you know; he said, get about your business, for you shall not have cloaths or wages here; then I said I must get it by force; I did not know where to go. I went to Sir John Fielding , to ask his advice; I told the story to his clerk; the clerk said, if I was accused falsely, I must take an action out; I asked him where I must get the action; he told me I must go to some attorney; I went to an attorney, and had an action out against him; but before I took this action, I hired myself to another place. Mr. Fox gave this answer to the person that went for my character, that he had no character with me, nor none he would give me. I found I was entirely destitute of getting my bread, then I took the clerk's advice, and took out the action against Mr. Fox; some time after this, I heard he had a warrant against me; and I went on the Saturday night, in order to be taken up, if he had a warrant against me.

For the prisoner.

Mary Helibourn . I went with the prisoner to Mr. Fox's; she was informed there was a warrant against her, and she went to see if it was so: we had a pint of beer; Mr. Fox came in about ten minutes; he said to a person there, take care of Anne Willis , she is a thief, fetch a constable; somebody went, and a constable came; the constable said he thought it was better to make it up; Anne Willis said, I have nothing to make up; if Mr. Fox wanted me here I am.

Thomas Mason . When I lay with the boy John Fox , he picked my pocket of half a crown.

Q. Where did you live then?

Mason. I lived then with Mr. Fox the prosecutor.

Q. How long did you live with Mr. Fox?

Mason. I lived with him two years and three quarters.

Q. Did you tell any body about this half crown?

Mason. Yes, I told Mr. and Mrs. Fox of it; Mrs. Fox said she would chastize him, but his uncle should not know of it.

Cross examination.

Q. Where do you live?

Mason. I live at a public-house in Shire-lane.

Q. How long is it ago since you lived at Mr. Fox's?

Mason. It is about a year and a half ago.

Q. How long before you left Mr. Fox that he took this half crown?

Mason. It was about a year and a half before.

William Swain . I lived at Mr. Fox's; I have known the boy John Fox about half a year.

Q. What is his general character?

Swain. He was accounted a very pilfering lad.

Q. How long have you left Mr. Fox's service?

Swain. I left it about four months ago.

Joseph Eakin . I am a hat-maker, and live in Leather-lane; I have known Anne Willis eight or nine years; she was servant to me almost two years, six years ago, and better; she is as honest and good a servant as ever came into a house; I have trusted her with untold gold; she would neither wrong me, nor see me wronged; I would sooner take take her for a servant than any body I know.

Cross examination.

Q. Did you not go to Mr. Fox's to enquire her character?

Eakin. I did; my partner had hired her as a servant, so I had a just right to go and enquire her character.

Q. Was not she at your house after she left Mr. Fox's?

Eakin. She was sometimes.

Q. Did she not lie in your house?

Eakin. She has laid at my house.

Q. For how long together?

Eakin. A week or a fortnight at a time.

Mrs. Helibourn. She has laid at my house some nights since she came from Mr. Fox's: I live in Fox-court.

Walter Williams . I keep the Queen's-head tavern in Great Queen-street; the prisoner lived with me three different times; it is about fourteen months since she left me the last time; she had the care of my house for five years together, and behaved very justly; I would take her directly if she was at liberty.

Sarah Williams . I am second wife to the last witness; I have known the prisoner four years and a half; she lived with me two years and a half; she was trusted with every thing in the hous e, and I would trust her again; she behaved very just and honest.

Margaret Tod . I live at the Griffin in Holbourn; the prisoner lived with me six months after she went from Mr. Williams's; I never had the least reason to suspect her honesty; I would trust her again with all my heart, as soon as any body I ever had.

Mary Dickerson . I have known her six years; she lived with me six months, six years ago; she was a good servant, and bears an honest character.

To John Fox 's character.

Godard Williams . I am a housekeeper, and live in Queen-street; I frequent Mr. Fox's house; I never heard any thing of the boy John Fox 's dishonesty in my life.

Mr. Sturney. I live in Great Queen-street; I have known John Fox ever since he lived at his uncle's; he has a very good character; I heard of the half crown talked of by two boys; I thought it was only a thing between boy and boy; I never heard he was a pilfering boy, only of that half crown.

Q Did you hear the evidence given here about it?

Sturney. I did.

Acquitted .

77. (M.) Thomas Brooks , otherwise Miller , was indicted, for that he on Samuel Dale did make an assault, with a certain stick or club, on purpose and of malice aforethought, and by lying in wait, the eye of the said Samuel did put out, with intent to maim and disfigure the said Samuel , June 9 . ++

Samuel Dale . I am servant to Mr. Phillips. On the 9th of June I was coming home a little before eleven o'clock, the prisoner stood with two women at the corner of Catharine-street in the Strand ; coming by them something brushed my arm; I turned my head, the prisoner struck at me; I saw him bring his bludgeon round; it light upon my eye and knocked my eye out.

Q. What had you done to the women or prisoner to occasion this?

Dale. I had done nothing at all; I almost lost my senses; I recovered my senses, and heard somebody speak; somebody came up that knew me.

Q. Did the prisoner say any thing to you?

Dale. I never heard him speak a word, neither did the women speak to me at all; the woman that stood by him was picking my pocket; I desired the people to take notice of the woman and the prisoner; he went away, and I came home to my master's house, and three days after he was taken up by a warrant; I attended at Sir John Fielding's office; there he said he was at Chelsea at the time I was knocked down; my sight is quite lost of one eye; I had a surgeon attended me about six weeks, but he could not recover my sight.

Cross examination.

Q. Did you not at first indict the prisoner for an assault upon you?

Dale. I did.

Q. And afterwards the misfortune of your eye happened, (which is a misfortune) you indicted him for a capital offence?

Dale. Yes, I did.

Q. How came you, when before Sir John Fielding , not to make any complaint of his lying in wait?

Dale. At that time I was very bad.

Q. Who first told you of making it a capital offence, at first I understand you thought it an accidental squabble in the street?

Dale. I had heard of the act of parliament before.

Q. Having heard of it before, you certainly had it in your mind, how came it you did not mention it to Sir John Fielding the first time in going, that the man lay in wait on purpose, and by malice to do you some mischief?

Dale. He knocked me down.

Q. What notion had he of your coming there?

Dale. He knew me before.

Q. Did you tell the Justice in your information that he intended to rob you?

Dale. No, I did not.

Q. Did you know him before?

Dale. No, I did not.

As there was no evidence of the prisoner's lying in wait he was acquitted , and to be proceeded against for an assault.

78. (M.) John Evans Taylor was indicted for marrying Bridget Boston , widow , Joanna his former wife (late Joanna Williams , spinster ) being living and in full life .

The first marriage was not proved.

Acquitted .

79. (L.) Charles Wright was indicted for stealing a linen handkerchief, value 12 d. the property of George Witton , Nov. 17 . ++

George Witton . I am a leather-dresser ; I was in St. Paul's Church-yard on the 17th of November, betwixt six and seven o'clock; coming from Cheapside towards Ludgate-hill, the prisoner passed me; he came behind me near the Goose and Gridiron ; I saw him take my handkerchief (a linen one) out of my right-hand pocket; he came between me and the wall; he immediately conveyed it under his coat and made off, upon which I pursued and seized him before he got a dozen yards from me; I told him he had picked my pocket; upon which he dropped my handkerchief from under his coat; I took hold of him and took the handkerchief up; he at first set his foot upon it; I took him to Mr. Willson's, a grocer in the church-yard, and sent for an ocffier, and he was taken to the Compter, and the next day committed to Newgate.

John Jackson . I am constable; (he produced the handkerchief, deposed to by prosecutor.)

Prisoner's defence.

I was going to Newgate-market to my mother; this gentleman came after me with the handkerchief in his hand, and took me by the shoulder; I thought it had been somebody that I knew; he said, you took my handkerchief out of my pocket; I took your handkerchief, said I, I know nothing of it; he sent for a constable, and I was sent to the Compter, and the next day he swore to the handkerchief, and upon that I was committed.

Guilty . T .

80. (L.) John Winter was indicted for stealing a mare of a chestnut colour, value 12 l. the property of James Lynde , Nov. 28 . ++

Thomas Sharp . I keep the Bull at Broxbourn in Hertfordshire ; I had the mare in keeping, the property of James Lynde ; she was lost out of my fields between the 27th and 28th of last month; the same day she was in Smithfield; about a week after we heard the mare was found, and the boy at the bar taken in about a fortnight after.

Q. Did you know the prisoner?

Sharp. I never saw him before I saw him here at the bar.

Q. Where did you see the mare again?

Sharp. I saw her at Mr. Dowson's stable in the Tenter ground, by Moorfields.

Joseph Kingsley . I am servant to Mr. Sharp. On the 27th of November, betwixt six and seven in the evening, I fed the mare, and left her safe in the field, and the next morning I went to feed her and she was gone.

Aaron Cass . I bought the mare of the lad at the bar last Friday was three weeks, being the 28th of November; I gave 2 l. 18 s. 3 d. for her; I bought her at the Black Horse in Bartholomew-close; the prisoner is a very young lad; I knew him before; he lived with a dealer a year or two before; I sent her into the market again immediately; we were bid 4 l. for her; we would not take it. On the Saturday she was sold for 4 l. 10 s. and put up at the Griffin, in Long-lane, there she stood at livery; there were three of us concerned; we took the lad's name, and his master's name; he said he sold her for one Parrot; we paid the lad for her; we found her advertised on the Monday following, and on the Wednesday we examined her by the advertisement, and we went and gave an account of her to Mr. Dowson in Moorfields; when he came to see her, he said it was the same mare; she is there now; we paid the money back again, and delivered her up to the gentleman.

Jonas Jewel . I am a wool-stapler; the boy at the bar had this mare to dispose of, at the Black Horse in Bartholomew-close; I saw her there; I told Aaron Cass if he could buy her for a few guineas to buy her, but to be sure to get her tolled; she was bought there, but I was not present; after that I went to the other end of the town, and returned about four o'clock, and asked Mr. Cass if he had bought her; he said he had, for 2 l. 18 s. after that she was sold to one Atkinson; the last time I saw her was at the Golden Griffin in Long-lane.

Q. to Sharp. Is this the same mare they speak of that was taken from your field?

Sharp. She is the same; she is the property of James Lynde in Sise-lane.

Q. Describe her?

Sharp. She has one white heel, a star in her forehead, a very small blaze, a little rubbed on the off shoulder, of a lightish chestout colour, and a switch tail; I saw her at Mr. Dowson's this day.

James Lynde . I saw the mare to-day, she is my property.

Prisoner's defence.

A man met me on the road; I was going to have my head dressed, (I have a scald head) I was to give a woman half a guinea to cure it; she lives at Stevenage, about a mile from Welling; there was a man asked me if I was come from London; he said, if I would go to London and sell this mare, he would meet me at Hatfield, but did not mention the house, but he would meet me on the Saturday or Sunday; so I took the mare and sold her, and he met me at Hatfield town end on the Sunday; then we went to the Two Wrestlers and had some beef-steaks.

Guilty . Death . Recommended.

81. Susanna Clayton , spinster , was indicted for stealing a linen apron, a gauze handkerchief, a pair of stockings, a pair of leather shoes, a guinea, two quarter guineas, and 15 s. in money numbered , the property of James Davis , Oct. 6 . ++

J. Davis. I keep a public-house on Addle-hill ; the prisoner lived servant with me 5 weeks; she ran away about the beginning of Oct. after she was gone we missed some things; about the 5th of November she came into the neighbourhood, and sent a woman from a public house to me; she cried, and said, do you know what you have lost; she said she went into the two pair of stairs room, and took a key that opens my mother's drawers and my drawers, and she took out two crown pieces, two half crowns, and 2 s. 6 d. in money, out of one drawer, and a guinea and two quarter guineas out of another drawer, and a cheque apron; she was desirous to be taken up, and said she had been set on by three people; they were taken up, and nothing appeared against them; they were discharged.

Q. How old is the prisoner?

Davis. She is about twenty years of age.

Q. Did you promise her any favour on condition of her confessing this?

Davis. No, I did not; I did not desire to see her; I was in hopes I should not have seen her, or heard of her more.

Thomas White . I went with the prosecutor on the 7th of October; when the prisoner was before the Alderman, I heard her confess she went to his drawers, and could have taken an hundred pounds, and that she took a guinea from one drawer, and the other money from the other.

Prisoner's defence.

I own I have been in a fault; my master said if I would confess, he would not hurt a hair of my head.

For the prisoner.

Mr. Southgate. I am a painter, and live in White-hart-yard, Drury-lane; I have so good an opinion of the prisoner, I will take her into my service if the court will shew her favour.

Guilty . B .

82. (M.) Mary Sky was indicted for stealing three linen stocks, value 18 d. a linen handkerchief, value 2 s. a pair of silk hose, value 1 s. two pair of cotton hose, a pair of thread hose, and a pair of metal buckles , the property of Charles Dark , Esq ; ++

Acquitted .

83. Richard Evans was indicted for wilful and corrupt perjury .

No evidence produced.

Acquitted .

John Clark and James Felton , capitally convicted in October Sessions, were executed on Wednesday November 26.

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

Received sentence of Death, 6.

Samuel Orton , John Winter , William Thornhill , William Johnson , William Walker , and William Collins .

Transportation for 7 years, 32.

Edward Adams , Thomas Bradley , Timothy M'Namara , Patrick Carrol , John Miller , John Olive , Charles Wright , Daniel Coleman , George Atkins , Thomas Atkins , Robert Downing , Anne Crispin , Margaret Carney , Elizabeth Branch , Catharine Gray , William Sutton , George Hindes , John Dyer , Patrick Farrel , George Wallace , John Gadbury , Anne Castle , Eleanor Fox , Mary Faulkner , Mary Mittun , Isabella How , James Witton , Henry Webley , James Menden , otherwise Wenden, Peter Egerton , William Taylor , and Edward Gorman .

Branded, 3.

Thomas Sutton , Susanna Cloyton , and David Atchinson .

Whipped, 2.

Thomas Townshend and James Tanner ; the last 100 yards near Tower-wharf.

John Clark and James Felton , capitally convicted in October Sessions, were executed on Wednesday November 26.

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