Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 17 April 2014), February 1767 (17670218).

Old Bailey Proceedings, 18th February 1767.





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

[Price Six-Pence.]


King's Commissions 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 Hon. Sir EDWARD CLIVE , Knt. one of the Justices of his Majesty's Court of Common Pleas *; the Hon. GEORGE PERROT , Esq; one of the Barons of his Majesty's Court of Exchequer +; the Hon. JAMES HEWITT , Esq; 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 of 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.


Joseph Swift ,

William Markbee ,

John Sturt ,

Joseph Jacobs ,

John Chamin ,

William Herring ,

Daniel Burton ,

John Crockett ,

John Manning ,

Thomas Shackle ,

John Hayward ,

John Lee .


William Dow ,

George Lark ,

Samuel Cook ,

John Joyce ,

Benj Sutherland ,

Rich Gibbons ,

Thomas Stockdale ,

Thomas Turner ,

Andrew Nash ,

Wm Sheeringham ,

Henry Rogers ,

John Watts .

129, 130. (L.) John Hewit and John Pouting were indicted for stealing 15 yards of printed linen for handkerchiefs, value 40 s. the property of Joseph Fryer , Feb. 2 . ++

Joseph Fryer . I can only say the linen is my property.

John Watkins . I am servant to Mr. Fryer. On the second of this instant, in the afternoon, about dusk, I was in the shop; I heard the glass crack; I looked, and saw the two boys at the bar at the window in the street; I observed Hewit's hand in at the broken glass, almost up to his elbow, and saw him draw this piece of printed linen (produced in court) to the hole; I went out, and brought the two boys into the shop.

Q. Was any part of the linen drawn through the hole?

Watkins. I believe there was some of it through, but my master's brother took it away from the place; he is not here.

Hewit's Defence.

I was making water, and this boy (meaning the other prisoner) took and pushed my arm in through the window; I have an uncle at Lambeth; I was at the workhouse there, and I ran away from thence.

Pouting's defence.

I was apprentice to a chair-maker, and was obliged to run away for want of victuals, and I was taken up the next day; I am 14 years of age.

Hewit Guilty . T .

Pouting Guilty . B .

131 (M.) Joseph, otherwise Thomas Smith , was indicted for that he on the 11th of February , about the hour of ten o'clock in the forenoon, the dwelling-house of Thomas Grove did break and enter, no person being, and stealing three gold rings, value 4 s. one silk girdle, value 2 s. one silk handkerchief, value 4 d. one crape hatband, value 2 d. a pair of men's shoes, value 2 s. a pair of worsted hose, value 6 d. and one linen shirt, value 12 d. the property of the said Thomas, in his dwelling-house . ||

Thomas Grove . I live at Hampstead . Last Wednesday I went to London, about seven in the morning, and left my maid at home alone; I had a person came, and told me my house was broke open; I then came home directly; I found three chests and a chest of drawers broke open; I missed three gold rings, a girdle, a handkerchief, a new pair of shoes, a pair of worsted stockings and a shirt; I lost some money, but cannot swear to the quantity. The prisoner came begging in the hard weather, and I employed him, and he lay in the barn; I was going to clothe him, intending to make a good boy of him; here are the evidences that took him, can give an account of what things they found upon him.

Richard Cook . I am a plumber, and live at Hampstead. On Wednesday last, I and my friend went in at the Black Lion at West-end, there we heard people talking of this robbery; the man of the house described the boy to us, which Mr. Grove had a suspicion of; they said the boy went up a bye lane; we went up to a barn in the lane to search, and in searching about, trod upon the boy's feet, he was covered in the hay; we found his cloaths answered to the description; we charged him with this robbery; he confessed he had done it, and said he was very sorry, and delivered these things to us in the barn, (producing three gold rings, a silk handkerchief, a crape hat-band, and silk girdle; deposed to by the prosecutor, as part of the goods he lost at that time;) we asked how he got in; he said, the maid was gone up into the town, and there were some tiles broke, and he took off a few more, and got in, and took the things; we took him before the justice, and he was committed.

Prisoner. I am 14 years of age next January.

William Doget . I was along with Cook at the Black Lion, and hearing of this robbery, and the boy suspected described, we went up the lane where we was informed he went up; we went into a barn there, and found him under the hay; we charged him with robbing Mr. Grove; he said he had done it, and was very sorry for what he had done.

The prisoner said nothing in his defence. Guilty of stealing the things, value 3 s. 6 d.

Acquitted of the Burglary. T .

132. (M.) Thomas Saville was indicted for stealing a hand-raw, value 5 s. the property of Robert Constance , Jan. 29 . *

Robert Constance . I am a carpenter , and live in Little Crompton-street; I was at work at a house in Salisbury street in the Strand ; I went to dinner on the 29th of January, and coming to work again, I met the prisoner coming out at the door of the house where I was at work; I perceived something under his coat; I asked him what he had got there; he said, a saw; I desired to look at it; I took it from under his coat, and found it to be my property, which I had been using not an hour before; (produced and deposed to.)

Hugh Barley . I am a carpenter; I was with the prosecutor when he took the saw from under the prisoner's coat.

Prisoner's defence.

I went into that house; there was a man there, I asked him for a job; he said he could not help me to a job, but he gave me that saw, and said, I might get a job hard by.

Q. to prosecutor. Did the prisoner say to you how he came by the saw?

Prosecutor. No, he did not.

Guilty 10 d. T .

133. Miles Reynolds was indicted for stealing a jointer plane, value 4 s. a hand-saw, value 2 s. and a pannel-saw, value 2 s. the property of William Harris , Jan. 29 . *

William Harris . I am a cabinet-maker , and live in Lambert-court, Long-acre ; I went out on the 29th of January about nine in the morning, and returned about twelve, and found the door of my work-shop broke open, and the things mentioned in the indictment were taken away; I was informed the prisoner, who had worked for me some little time before, was seen about; I set my apprentice to enquire where he lived; we found him, and took him before Justice Fielding; there he confessed he had taken them, and told where he had sold them; the Justice sent for them; (produced in court and deposed to.)

Hannah Clegg . I keep a broker's shop; the prisoner came and offered these things here to me to sell; I gave him 3 s. 6 d. for them.

Q. to prosecutor. What are they worth?

Prosecutor. They are worth above 8 s.

Prisoner's defence.

I worked for the prosecutor several times; he has lent me tools several times; I went there, and the door was open; the apprentice was out; I made bold to take these things.

Q. to prosecutor. Did you ever lend the prisoner tools?

Prosecutor. I have, and he has brought them back again.

Q. Did he ever pawn any of the tools which you lent him?

Prosecutor. No.

Q. Did you ever lend him any in order to raise money on them?

Prosecutor. No, he worked with me but a very little while; the first time I employed him, he went away, and left his work unfinished: it was through a friend of his that I lent him tools.

Guilty . T .

134. (M.) John Brown was indicted for stealing a pair of linen sheets, value 5 s. two pillow-bears, value 2 s. two pillows, value 2 s. two stuff curtains, value 10 s. three woollen blankets, value 6 s. the property of William Hutchinson , in a certain lodging room, lett by contract to him the said prisoner , &c. Jan. 21 . *

William Hutchinson . I live in Red-lion-street, Holbourn ; I lett the prisoner a ready-furnished lodging; the things mentioned in the indictment were part of the furniture, (mentioning them by name) the prisoner and his wife quarrelled; she went out over night, and he went away the next morning; I had a suspicion they had stole something; I opened the door, and missed the things mentioned; the prisoner was taken up, and committed upon suspicion, and the day after a gentleman came to me, and told me, if I would set the prisoner at liberty, he would advance money to get my things again.

Q. What was that gentleman's name?

Hutchinson. His name is Jackson; he and the prisoner's wife brought the things to Justice Girdler's; they had taken them out of pawn; the Justice asked the prisoner if his wife was concerned; he answered she was, in carrying the things away.

Acquitted .

135. (M.) Sarah Hall , spinster , was indicted for stealing a callicoe bed-quilt, value 2 s. the property of John Hayes , Jan. 19 . +

Anne Cook . I live with Mr. Hayes at the White Horse at Uxbridge; the prisoner was brought with a pass to our town on the 19th of January, but not to our house; I can only say that this quilt is my master's property; I missed it the evening it was stolen.

Thomas Woodbridge . I am hostler to Mr. Hayes; after the quilt was missing, my master sent me to see if I could hear any thing of it; I went, and found part of the quilt on the bed, where the prisoner was lying in bed, at the house of John White , at Uxbridge; I then went and let my master know of it; he and Mr. Moore the constable came; we went up into the room, and found a part of the quilt on the bed upon her; we took her in custody, and in the evening she confessed she had been up into three or four of my master's rooms, and had taken the quilt and torn it in two, and thrown one part of it into the yard, and had taken the other way; and the next day we found that other part behind a pair of gates, according to her direction.

Mr. Moore. I was at the apprehending the prisoner; I asked her how she came by the quilt; at first she said she found it; then I said, if you have any confederates, it may be the means of bringing you off easier, if you will confess; she said, there was a tall woman with her, but that we found was not true; but before I said any thing to her, there was a heel of a woman's shoe given to me, that was found in the room by the side of Mr. Hayes's bed; and when we found her at White's, there was a shoe and buckle by her bed-side without a heel; we fitted the heel to it, and they appeared to belong to each other; (produced in court, and compared.)

Q. Did you observe whether she had the fellow buckle on the other shoe?

Moore. She said she had but one buckle; there was none in the other shoe.

Guilty . T .

136, 137. (M.) Edward Sullinge and John Wilkinson , were indicted, together with John Row not taken, for stealing 33 geese, value 5 l. the property of John Balch , Jan. 14 . ++

John Balch . I am a poulterer , and live at Mile-end ; I lost 33 geese in a shed in my yard, on the 14th of January; they were safe in the evening. One Abraham Levi came to my house, and told me he could inform me about them.

Abraham Levi . I live in Duke's place; I am a poulterer by trade. Samuel Thomas , the man that bought these geese, sent for me; I went with him and looked at them, and we picked out the best of them; I was sent to Wilkinson's house; I went and ordered him to come for the money to Samuel Thomas 's house; Wilkinson owned to me the geese came out of the prosecutor's yard; I asked him how he got in, there being great dogs there; he said there was one dog that knew him, he having worked there.

Balch. When we took the two prisoners up, Wilkinson owned before Sir John Fielding , that he took more than 20 geese out of my yard, and Sullinge said he was there, and took some.

Thomas Wash . I met Sullinge on a Sunday night about a month ago; he took me with him to the prosecutor's yard; we took away 18 then, and on the night following, Wilkinson, I, and Row, went there; this was the 14th of January; Wilkinson opened the gate; a great dog came; he held out his stick; the dog ran away; we went in, and took out 33 geese and a turkey.

Sullinge's defence.

Thomas Wash was the person that led me into this bad way.

Wilkinson said nothing in his defence.

Both guilty . T .

There were two other indictments against Sullinge.

138. (M.) Richard Sullinge was indicted for stealing one copper fish pan, value 2 s. four brass fish-pans, value 20 s. and three dozen of jelly-glasses, value 20 s. the property of Hugh Lake , Jan. 7 . ++

Hugh Lake. On the eighth of January, I missed the things mentioned in the indictment, and advertised them the next day; after which, Levi the Jew came and informed me about them; I was before Sir John Fielding ; there I heard the prisoner own he took the things; they were all mentioned before Sir John, and he owned the taking them all.

Thomas Wash . The prisoner took John Row and I to the prosecutor's house, and got over the wall, and came back again, and said, he had got some brass things; he went and brought the things mentioned in the indictment (mentioning them by name.) We asked him what was become of the dog; he said he had drove him over the wall.

Prisoner's defence.

Wash asked me to get over this wall.

Guilty . T .

139. (M.) Mary Miller , spinster , was indicted for stealing a watch, the outside case shagreen, the box metal, value 20 s. one metal watch-chain and trinkets, value 5 s. one garnet ring set in gold, value 5 s. one red coloured ring set in go ld, one chrystal stone ring set in gold, one breast-buckle, one pair of paste shoe-buckles, a pair of stays, a dimity petticoat, a silk handkerchiefs, a linen sheet, a pair of worsted stockings, and a pair of cotton hose , the property of Mary Denter , spinster , Jan. 16 . ||

Mary Denter . I keep a cook's shop in Cable-street, in the parish of St. George in the East ; the prisoner lived servant with me betwixt four and five months. I had been lame some time about Christmas, and was obliged to trust her with my key, to go to my drawers for money. On the 16th or 17th of January, when I was able to look a little after my affairs, the prisoner went out; I missed the watch, three stone rings, breast buckle, and some other things; I made known my loss, and people went out to see if they could apprehend her; upon pulling out one of my drawers, I found a bunch of keys; then upon examining further, I missed all the things laid in the indictment; the prisoner had told me for about a week before, she had lost my keys; she was soon found, and brought home; I asked her where my things were; she said they were in the drawers: I asked her what was become of my keys; she said they were left; she was rather sullen, and would say nothing about the things; the watch, three rings, and breast-buckle were found at Mr. Allen's, and the stays, silk handkerchief, and cotton hose were found at Mrs. King's.

Q. Did you ever send her with any things to pawn at those places?

M. Denter. I once sent her with things to pawn to Mr. Allen, but I did not send her with any of these things.

Mary King . I took in these pair of cotton stockings, a pair of stays, and silk handkerchief (producing them) of the prisoner at the bar, at three different times; the maid said her mistress sent her. I lent her 18 d. upon the stockings, and she had a shilling and a candle on the handkerchief, and 4 s. 9 d. upon the stays, and had things with part of the money in my shop; this was about Christmas last.

Q. Did Mrs. Denter use your shop?

M. King. That I do not know; the maid used to come sometimes, and so she did when she lived at another place.

M. Denter. I always sent ready money for what I bought; where the girl went I do not know; I did not send her to any particular place.

Samuel Penning . I lived in Mrs. Denter's house when the prisoner was servant there; when these things were missing, I went out in order to find her, and met a woman leading her home drunk.

John Morton . I knew the prisoner when she lived servant with the prosecutrix; I was told she had stole the watch and things, and run away; I went to see for her; I went in at Mr. Allen's; there I found she had pawned these things that have been mentioned to be found there; coming, I saw a woman reading the prisoner me drunk; I asked her where her mistress's things were, she said she could find them in her mistress's drawers; I said, it is in to look, for I have been them at Mr. Allen's; then she said her mistress had sent her with them; we took her to Justice Hodgson, and he committed her.

Q. What did she say for herself?

Morton. She said she did not care about it, for they could not hang her, they could only transport her, and what did she care for that.

Anne Evan , I happened to be in the room when the prisoner was taken up; they asked where the things were; she said they were in the drawer; then she was told they were found at Mr. Allen's; she was searched, and a guinea and 4 s. were found in her hand, and 13 d. in her pocket; at first she did not insist upon that, of her mistress sending her with the things, but when she was going before the Justice, then she said her mistress sent her with them; (the things found produced and deposed to.)

Prisoner's defence.

My mistress sent me with the watch on the 15th of January, saying, she had a great deal of money to pay; she keeps two disorderly houses, and wanted to pay her rent; I asked Mr. Allen three guineas upon it; he bid me go back and tell her, it was not worth the money; the next day she sent me with the rings and buckles, and desired me to get two guineas and a half upon them; he was not at home; his wife said she could lend but little or nothing upon them; after that, he lent me a guinea and a half upon them; I was coming home, and saw an old woman; I bought a hat of her for 7 d. she took me to a house; I got a little in liquor: when I came home, my mistress fell a quarrelling, and said I had stole the things. I have lost my character by living in such a disorderly house, and have no friends to speak for me.

Guilty . T .

140. (L.) Solomon Benandine was indicted for stealing an iron shovel with a wooden handle, value 2 s. 6 d. the property of James Aderley , Feb. 13 . ++

William Lloyd . I live in the Borough, am a paviour 's labourer; my master is James Aderley ; the shovel of his which I was using was lost from the work last Friday between one and two o'clock near Shoemaker-row ; I went for some pipes, and when I returned it was gone; (the shovel produced in court and deposed to.)

Edward Sculley . I live in Moor-lane, I am a bricklayer's labourer; last Friday the prisoner came into the building where I was at work; he said he had a good shovel to sell; we desired him to go and bring it: he said, the man that owned it was at the Three Pigeons; I told him to bring the he went for the man, and brought only the she, I seeing the mark upon it, stopped it; he above to cut the mark out; then I said, he should bring the man that owns it; he went away, and did not come again; this was last Friday; we took him about five at night in a public house in Duke's Place; we brought him before my Lord-Mayor: there he said a man offered him a pint of beer to sell the shovel for him, and he would not take less than half a crown for it; he said he did not know that man.

Griffith Benbow . I was working with Sculley when the prisoner came and offered this shovel to sell; he said he had it of a man to sell for him, and that man was at the Three Pigeons in Houndsditch; the mark of it was cut, and filled up with mud; we sent him for the man, but he came no more. We went afterwards, and found him in a public house in Duke's Place; he could give no account of the man.

Prisoner's defence.

I met a man in Houndsditch; he asked me to buy a shovel; I said I did not want one; then he asked me if I could sell it, and he would give me a pot of beer, or the money. I took it, and went to the people, and asked if they would buy a shovel; they sent me for the owner; when I came there he went away, and came no more; they after that came and took me; I went with them as quiet as a lamb

Acquitted .

141. (L.) John Lowe was indicted for stealing a silver pint mug, value 3 l. the property of Samuel Loft , Jan. 27 . ++

Samuel Loft . I keep the Mitre, Thames street . The prisoner is a barber by trade, and lived in the neighbourhood; last Tuesday three weeks he came and called for a pint of beer; my boy drawed it in a silver mug; he stood and drank the beer, and carried the mug away.

Q. How do you know that?

Loft. The first time I saw him, I charged him with it; (his uncle brought him to my house;) he said he did take it away; then I said, take the pen and ink and write it down, which he did, and what he had done with it; this was the Sunday night following; I had told his uncle of it, and he promised to bring him to me the next time he saw him.

Q. What were the words he made use of?

Loft. He said, he believed the d - l was in him, and he was necessitated; he said he had pawned it with Mr. Rotchford for 2 l. 16 s. he wrote so, and signed he came to it; we took him before Sir William Stephenson , there he owned to it the same.

Frank Rotchford . I am a pawnbroker; I live in Bridges street, Covent garden the prisoner brought this silver mug to me the 27th of January; (produced and deposed to) he offered it in his own name; I lent him 2 l. 11 s. I think he said he had it three or four years, that he had kept it as long as he could, but he had an annuity left him, and he wanted money to go into the country.

William Lowing . I am the officer; I was in Mr. Loft's house when the prisoner's uncle brought him; he was charged with taking the mug; he acknowledged that he did, and that he did not know that he had it in his pocket till he got down almost to the Steel-yard; he took a pen and ink, and wrote down what he had pawned it for, and to whom; he confessed the same before Sir William Stephenson .

Prisoner's defence.

I had met with an acquaintance named Cox, we agreed to go together to Chelsea; it grew late, we did not go, so he asked me to do him a favour; he said he had a cream jug and some tea-spoons, he desired me to pawn them; I did not care to do it; then he produced this pint mug, and desired I would pledge that; I took it, and pledged it to Mr. Rotchford; after that, my uncle told me, he heard Mr. Loft had lost a pint mug, and he suspected me; I said I was willing to go to him; he brought me there; then I took pen and ink, and wrote all I knew of the mug I pawned; I told them I did not know how I came by it.

Guilty . T .

142. (L.) Edward Wild was indicted for stealing 25 yards of woollen cloth, value 10 l. the property of Winefred Vanderplank , widow , Jan. 26 . ++

Bartholomew Vanderplank . I live in Bartholomew-close with my mother; I am a cloth-worker. Last Monday three weeks, the piece of cloth mentioned was taken away; the prisoner at the bar was stopped with it; I was before Justice Welch when he and the cloth was; he there confessed he took it away.

Q. What did the Justice say to induce him to confess it?

Vanderplank. I think he said it would be better for him.

Richard Gardner . We had the cloth in our house, I work with Mrs. Vanderplank; I heard the prisoner own before the Justice, he came in at the gate and took it away. I believe the Justice said it would be the better for him to confess.

William Vigers . On Monday the 20th of January, I had a piece of cloth offered to me to dispose of by the prisoner; I am a salesman and draper; I apprehended it to be dishonestly come by; I sent for a constable, and charged the prisoner; during the discourse before Mr. Welch, the prisoner prevaricated; I believe the Justice might say, he had better tell the truth; his prevaricating confirmed the Justice and me too, he did not come honestly by the goods: I believe the Justice thought, by means of this man he might come at farther light; perhaps he thought there might be other people concerned.

Q. What arguments did he make use of; did he say it would be better for him?

Vigers. I will not take upon me to say that; but he advised him to discover. I do not remember that the Justice said it would be better for him to confess.

Q. What did the prisoner say to you when he brought the piece of cloth?

Vigers. He said it was his own. and that he was the manufacturer of it; I suspected him, by his asking a price considerably under the value; he allowed it for 8 s. a yard; it was worth more; if it was taken on my judgement, I would have given three or four shillings a yard more; he discovered to me he had no knowledge of the business, so as to manufacture the cloth, by the discourse I had with him; this also increased my suspicion; when before the Justice, he did acknowledge he went in to Mrs. Vanderplank's house on the Saturday evening, and took out his cloth.

Vanderplank. I think he said he waited an opportunity, and went in at the gate on a Sunday evening, and took it out; (the cloth produced and deposed to.)

Gardner. I think he said he went in on the Sunday night, last Sunday was three weeks.

Prisoner's defence.

I found the cloth.

Guilty . T .

143. (M.) Samuel Jennings was indicted for stealing an iron ax, value 2 s. the property of Jacob Gifford , Feb. 5 . ++

Jacob Gifford . I am apprentice to Mr. Barrel; the ax was lost out of a working-shop near Tottenham-court-road, in Dough-street . I missed it on a Saturday morning; the prisoner was one of the workmen; he was one of the first men that I asked after it that morning; he said he knew nothing of it; I had borrowed it on the Friday before, and was obliged to pay for it; the prisoner used to laugh at me, and say, I should be transported for losing the ax, when he has seen me cry about it.

Edward Bark . I was informed there was such an ax at the prisoner's lodgings; there I found it; I am partner to the person that lent it to Gifford; the prisoner owned he had thrown it down into an area at his lodgings; he said he found it in the frame that Saturday night it was lost, but at that time it was frosty weather, and they could not work in the frame.

Prisoner's defence.

The prosecutor's mother lives at Wapping; he desired me to look up his tools while he went there; I did, and carried them to the place we put our tools in; then I went and drank at the Northumberland Arms, and got much in liquor; going home by the place where we worked, the moon shone very bright; I seeing the ax lie, took it up, and carried it home; I knocked twice, no body heard me; I threw the ax over into the area, and went and slept in the watch-house all night, and never thought any more of it till I saw it at the Justice's.

Guilty 10 d. W .

144. (M.) Frances Turner , spinster , was indicted for stealing one pair of worsted hose, value 12 d. one linen shirt, value 6 d. a linen apron, value 3 d. a linen handkerchief, value 4 d. and 14 s. in money numbered , the property of David Riddle , Jan. 17 . ||

David Riddle . I keep a small chandler's shop in Kingsland road ; the prisoner was my servant ; I found my circumstances decline, and every Saturday I could not pay the baker; I had a suspicion the maid was not honest; my wife and I concluded to let her take the charge of the bread money, to keep to pay the baker; she took the money, and had a proper place to lock it up; when Saturday night came for the baker to be paid, she went off, and took the money with her; after she was gone, we looked about, and my wife missed an apron, a pair of hose, a shift, and a handkerchief; we took her up in about a fortnight after, and charged her with taking the money; and when she came before the Justice, she owned she had taken the apron, shift, stockings, and handkerchief, and had pawned them to Mr. Cox, and told us what money she had had upon them.

Elizabeth Riddle . I am wife to the prosecutor; we sunk in our substance daily, and my husband insisted upon her taking and being accountable for the bread money on every Saturday morning to pay the baker, on the Saturday morning she was missing; I took a nail and pushed back the bolt of the lock, and found the money was gone; then I looked about, and missed the other things my husband has mentioned.

Q. When was this?

E. Riddle. This was the 17th of January; after this one Mary Collins , told me, there was some of my things in pawn, which the prisoner had sent her with; the prisoner was taken, and before the Justice, she denied taking the things, and owned to only the money at first; I told her I was informed the child's shift was in pawn at Mr. Cox's; she told me the handkerchief and shift lay there in her name; as to the apron and stockings, I had given the money to Collins to fetch them out. Upon the prisoner's being asked, she acknowledged she sent Collins with them; they were at Cox's in her name also.

Q. Is Mary Collins here?

E. Riddle. No, she is not.

Prisoner's defence.

I leave it to the mercy of the court.

Guilty . T .

145. (M.) William Pattison was indicted for stealing a gray gelding, value 3 l. the property of Robert Chitch , Jan. 29 . *

Robert Chitch . I sent my servant with two horse, one of them a gray gelding, and a cart, to the Swan brewhouse in Whitechapel.

Q. What is your servant's name?

Chitch. I do not know, he was but a new servant; this was the first time of his going. I helped to put the horses to myself; he said, he knew the brewhouse very well; after that, I met him coming home with the other horse and cart, without the gray one; I asked him the reason of his coming without the gray horse; he told me he had lost him; I found him again by an advertisement at Mr. Terry's at Westminster; I had the gelding 13 years.

Q. What do you say against the prisoner?

Chitch. I know nothing against him.

William Terry . I never knew the prisoner till the 29th of last month; then I saw him on this; gray gelding in Pall-mall; I am a hackney coachman; I was waiting there for a lady; he had lived in that neighbourhood I found afterwards; he called me by my name, and said, do you know any body that wants to buy a good horse; I said, where does he stand; he said, this is he, and said, he stood at the Swan in Tyburn-road; he had a cap on like a light horseman's cap with the word Glory upon it; he said, the horse was the property of a serjeant belonging to Elliot's fight horse; he said he had been to sell him to a man that was not at home; I said, let me see him go; I saw he was lame; he asked three guineas for him: he said he had rode him a good way without a shoe. I agreed to give him two guineas for the golding, and gave him a shilling earned, and desired him to take the horse home; he did when I came there, I desired him to go to Tyburn-road. where he had told me the serjeant lived. that I might pay the serjeant, and have a proper receipt; he would not go along with me; then I said I should stop the horse; I had him cried in Smithfield market, and advertised him; by which means the prosecutor found me, and he owned the horse, and took him away.

Prisoner's defence.

I was at work at Shooter's hill, I am a brick-maker; coming home, I met this horse by London-bridge, between Tooley street and the gully-hole; there was no harness upon him; I carried him to the Horse and Groom in Gravel-lane, on that side the water, and left him there, and said, if any body comes, to let them have him; I went the next morning; the man charged me 16 d. and desired me to take the horse away; then I took him up to Tyburn-road.

To his character.

Elizabeth Pirks . I have known him, I believe, 12 or 14 years; I know no harm of him.

Q. What is he?

E. Pirks. He drives a carman's cart.

Joseph Spittle . I have known him going on five years; he has a very good character as far as ever I heard; he lived along with me almost two years. I am a smith.

Guilty . Death . Recommended.

146. (M) William Martin was indicted for stealing a pair of leather breeches, value 7 s. the property of Edmund Alexander , Jan. 24 . +

Edmund Alexander . I live in Goswell-street . On the 24th of January I was in my kitchen adjoining my shop; I heard the window break very loud; I ran out, but could see no body; I was informed, the person that had robbed me was at the Justice's. I went there, and saw my breeches on the prisoner; he had his irons on, and the Justice did not order them to be taken off; he has them on him now; I know them by a mark on the inside the flap to be my property.

William Dickerson . I shall be 17 years of age next August; the prisoner is a shoemaker by trade; there were William Skeele, he, and I, on the 24th of January we went to the prosecutor's house with intent to take these breeches; Skeele pushed out the glass, and took the breeches, and gave them to Martin.

Q. Where was you at that time?

Dickerson. I was at the corner waiting for them; I saw them do it; we went to a pawnbroker's, not above six or seven doors from the prosecutor's house in Goswell-street, to pawn them, but they would not take them in, then as Martin had a bad pair of breeches, we agreed to let him wear them, and he was to give us 5 d a piece.

Q. How long had you been acquainted with the prisoner?

Dickerson. I had been acquainted with him about nine or ten days.

Prisoner's defence.

I have known Dickerson about four years; I bought the breeches of him, and gave him 2 s. 9 d. for them; I used to go out with Dickerson on a Sunday.

For the prisoner.

Martha Cox . I have known the prisoner seven years.

Q. Do you know Dickerson?

M. Cox. I know nothing of him; the prisoner always bore a very good character till within this little while; I live just by his father and mother in Hartshorn court, Golden lane.

Q. How old is the prisoner?

M. Cox. He is about 18 years of age.

Walter Martin . I am his father; he always behaved well; he is a child's pump-maker.

Q. Do you know Dickerson?

Martin. I never saw him but once in my life, that was the Monday before he was taken up, he came into my house.

Elizabeth Allohy . I have known the prisoner two years; I never knew to the contrary but that he was very honest and sober.

Acquitted .

147. (M) John Stewart was indicted for stealing one stock bed, value 12 d. one woollen cover-lid, three blankets, one feather pillow, one cloth jacket, one cloth and callimanco waistcoat, one plaid waistcoat, one baize waistcoat, and one pair of cloth breeches , the property of Alexander Michel , Jan. 28 . ++

Alexander Mitchel . I am a seaman ; I was ship-keeper to the ship Neptune, lying at Mr. Smith's wharf below the Hermitage ; I lay on board to take care of her; I was gone on shore to get my supper, I had shut my hatches down; I found the door open when I returned, which I had locked when I went out; I missed the things mentioned in the indictment, (mentioning them by name) from off my bed in the cabbin; the next witness can give a farther account.

Alexander Dorrits . I keep a broker's shop in Ratcliffe-highway; the prisoner brought a bed, three blankets, and a rug to me, and said he was come from Russia, and that his name was Stewart; I bought them of him; after that, Mr. Mitchel and others came with a search-warrant for them, and I delivered them to him directly, and told him who I bought them of.

James Smith . I am master of the ship; I went with the constable to Dorrit's house. I had been informed the goods had been carried there by two boys; when the prisoner was taken, he owned he took the goods out of the ship.

Matthew Chesham . I am the officer; I had the prisoner in custody, he gave an account of every thing; I went with him where he said he had sold the jackets or waistcoats, and there we found them; there were four of them; (the goods produced and deposed to.)

Prisoner. I did take the things out of the ship.

Guilty . T .

There was another indictment against him.

148. (M.) Elizabeth, wife of William Berridge , was indicted for stealing a silver table-spoon, value 2 s. the property of John Stanton , Feb. 4 . ++

Mary Stanton . My husband is named John Stanton ; we live in Turnmill-street, Clerkenwell ; I went out for the afternoon on the fourth of this instant, and left the prisoner in care of my house; she is a chair-woman ; the table-spoon was in the kitchen when I went out; I returned about six in the evening, and found her in my house; she told me she had taken the spoon out of the kitchen, and carried it to a pawnbroker to pawn, and he had stopped it: I went to the pawnbroker's house with her, he was not at home; he came between eight and nine that evening to my house, and the prisoner came in at the time, and before the pawnbroker she confessed she took it; he brought it with him.

Q. Did you give her leave to take and pawn it?

M. Stanton. No, I did not.

Q. How came you to let her go away after she told you the spoon was stopped?

M. Stanton. She promised to come again in the morning.

Mr. Bruin. On the 4th of February the prisoner came to my shop with this table-spoon (producing one.) I looked at it and said, if I did not know you, I would stop you; go and fetch the owner; she went and brought a woman, who said, it was not her own property; then I sent her about her business; after that, I went to the prosecutrix's house, and shewed her the spoon; the prisoner came in at the same time, and upon being charged with it, owned she did take it.

Prisoner's defence.

That spoon was bought and paid for; my brother-in-law bought it of her husband, and gave it to me.

To her character

Sarah Gilbert . I have known the prisoner four or five years; I have trusted her several times, and never missed any thing.

Sarah Mussle . I have known her a dozen years; I never knew any ill by her.

Mary Peder . I have known her ten or a dozen years; I always looked upon her to be a very honest woman.

Mr. Bruin. I believe I can account for what the prisoner means in her defence; Mr. Stanton was not for prosecuting her if he could have helped it; I said, you must go before a magistrate, and if the prisoner is discharged, then she must have the spoon; if that is the case, then they said they were not willing to that; when they came before Justice Girdler, Mrs. Stanton would not swear to the spoon; then the Justice said to her, she was liable to a prosecution for a false imprisonment; then she said she would swear to the spoon; then the brother-in-law said he would pay for the spoon, in case she does not return it, but there was no money passed.

Guilty . W .

149. (L.) John Bottom was indicted for stealing 32 pounds weight of raisins, value 10 s. the property of persons unknown, Feb. 6 . ++

William Pain . I took the evidence Carney in Cheapside; I saw him and another pick a gentleman's pocket there; the next day I asked him, if there was any more of the gang, as we were going to Guildhall; he told me he was concerned with the prisoner, in stealing a frail of raisins from off the key; then we went and took the prisoner as he had directed us, at his lodgings on Salt-petrebank; he told us, he was either there, or gaming on Tower-hill; Carney also described a bag that he said the prisoner had with him, to put the raisins in; we went afterwards, and found the bag marked as he described, with a little hole or two in it.

John Jebb . I am constable for the King on the keys; the boy Carney mentioned the prisoner before Mr. Alderman Nash; the Alderman ordered me to go to his lodgings, and search for him; we went, and took him at his lodgings; we also found this bag by the side of his bed; (produced, with small holes in it.) The evidence told us of these holes before we went to see for it.

Q. What did the prisoner say for himself?

Jebb. He said he knew nothing of the matter.

Q. Were the raisins over found again?

Jebb. No.

John Carney . I shall be 14 years of age the 17th of next March; I have known the prisoner about two months; I got acquainted with him at Salt-petre-bank, at a lodging-house where he and I lay. I have a mother alive; she lives in Buckle-street. I worked in Petticoat-lane; when I left my place, I did not go to my mother, but got into bad company with a parcel of boys, and went a thieving. The prisoner asked us to go out at night; that night we went out about twelve; it was one o'clock when we got the raisins; this was about a fortnight ago, on a Tuesday night; we found the watchman asleep on the keys under a ladder; the prisoner went, and looked and saw him, and the other boy went, and took a basket of raisins from a parcel under a shed; he carried it up to the archway, and then put it in the bag, and put it on his head, and carried it along; we went the city way, and round Leadenhall-street, because we would not meet the watchmen; we took them to the house where he lodged; in the morning he got up, and took some in his apron, and asked a person to buy them, who said, he would not give above three farthings a pound for them; then we went into Petticoat-lane; there he bid me go into an alehouse; he came to us, and said, he got five farthings a pound for them, and that they came to 3 s. 3 d. and he gave me 13 d.

Barney Sherrard . I am about twelve years old; I saw the prisoner and this boy, (meaning Carney) come into the house one Tuesday night; they went out between twelve and one that night; I was asleep when they came in, in bed; they awaked me; I saw they had some plums in a bag; the prisoner pulled his shoes off, and lay down till towards morning; they went out to sell them in the morning; I do not know where they sold them; the prisoner gave me a handful out of the bag; they cut the top of the basket off, and put them in the bag, and carried them out in that.

Prisoner's defence.

I know nothing about it; that boy ( meaning Carney) used to come there almost every night, and they would talk who had got the most handkerchiefs by picking of pockets.

Guilty . T .

150. (L.) John Hasker was indicted for stealing a linen shirt, value 7 s. the property of James Williamson , Feb. 10 . ++

Elizabeth Williamson . I am wife to James Williamson ; we keep the Bull and Butcher in Smithfield ; I had been washing all day; the prisoner came in, and called for a pennyworth of beer; he drank it, and called for another, and after that a third, and changed a shilling to pay for them; I went into the tap room, and hung a wet shirt upon the horse, and bid the maid go and take her supper; she went into the tap-room and said, the shirt and man are gone; I ran out, and found the prisoner almost at the end of Hosier-lane; I took hold of him with one hand, and the shirt with the other, and brought him back; my husband got a constable; (the shirt produced and deposed to.)

Prisoner's defence.

I was in great necessity, almost starving and perishing on the earth; I do not deny the thing; I am within six weeks of 66 years of age.

To his character.

Richard Hewit . I have known him about a dozen years, he is a cabinet-maker by trade; I never heard any harm by him; he kept a house opposite the church at Islington when I first knew him.

Guilty 10 d. T .

151. (L.) Elizabeth Fearn was indicted for stealing five shift-sleeves, a linen cap, and three dimity stomachers , the property of Mary Radgate , spinster , Feb. 9 . ++

Mary Radgate . I am servant to Mr. Hunt in Mark-lane; about three o'clock in the afternoon last Monday se'nnight I was sitting in the kitchen, I thought I heard something on the stairs; I went into the passage, and saw the prisoner on the stairs, and a large bundle lying at the bottom of the stairs, I opened the parlour door, and called my mistress out; my master hearing me, he came out of the counting-house; then we asked the prisoner what she wanted; she said, my mistress promised to give her some wine; my mistress said she never saw her in her life before. We opened the bundle; there were four shifts, two petticoats, a pair of ruffles, three caps, a gown, and three table-cloths in it; my master sent for a constable, and secured her; the things mentioned in the indictment were found upon the prisoner, they are my property; I went up into my room, which is three pair of stairs high, and missed the things mentioned.

Stephen. I am a constable; Mr. Hunt sent for me; she lay a great bundle: I asked the prisoner how that came there; she said she did not know; I asked her how she came there; she said, the gentlewoman said she would give he. I have I went to search her; she said she was a woman and would not be search I still search things mentioned) the and deposed to) they were under her that, there was a pair of shoes brought down stairs; I asked her who they belonged to; she said they did not belong to her; she had no shoes on; she said she walked without shoes; I felt on her feet, and they were clean; had she came without shoes, her feet must have been wet and dirty; I took her to the Compter that night, and the next day before Mr. Alderman Alsop.

Q. to Mr. Radgate. Where were the shoes found?

M. Radgate. They were found in my room, but they were not my shoes.

Prisoner's defence.

I am a poor honest woman, I have three children; my husband fell from a scaffold in Marybone; this woman ordered me to come that day about three o'clock, to carry a letter for her; her mistress coming at the time, she took these things and the letter, and crammed them into my apron.

Goodson. Her excuse to me was, that some boys had pinned these things to her; she had them tied under her apron string.

Q. Did you see any letter?

Goodson. The prisoner had got a little memorandum-book, with nothing wrote in it, and a letter, both belonging to Mary Radgate .

M. Radgate. The prisoner had taken them out of my trunk; I never saw the prisoner in my life before; the letter she had got was a letter which had been sent me three years ago, when I lived at Wellington.

Q. Was your trunk locked?

M. Radgate. No, it was not.

For the prisoner.

John Moore . I have known the prisoner about five years; she used to go out a nurse-keeping, and she used to spin; I never heard any ill of her.

Guilty . T .

152, 153. (L.) Mary White and Sarah Matthews , widows , were indicted for stealing two sattin cloaks, value 30 s. the property of Samuel Stansbury and Thomas Smith , privately in that shop , Jan. 19 . +

Samuel Spencer . I am shopman to Mess. Samuel Stansbury and Thomas Smith ; the two prisoner came to our shop on the 19th of last month, in the Long wall in the cloisters, near West Smithfield , they are there; the prisoner desired to see some do: they had each a young child in their arm, (as they have now;) they both sat down by the counter; I shewed them about half a dozen; after they desired to see one a little larger to the drawer, I missed a cloak which I had just before shewed to them, which I knew by a particular trimming and pattern, it was a flowered sattin; then I went up stairs to Mr. Smith, and told him; he came down; I had taken no notice to the prisoners about it; they then bid me money for one, which I think I asked 27 s. for; I not agreeing for price, they were going out of the shop; I asked Mr. Smith what I should do; we called them in, and said we would abate 2 s. one of them came in, and said we would leave 6 d earnest, as she had come out by mistake without money in her pocket; the other stood at the door; then my master desired them both to come in, saying, he had something to say to them; I think he partly pulled the other woman in; they answered, they knew what it was for; they both went on their knees, and begged he would forgive them; at the same time one cloak fell from one, and another from the other; I saw that fall which fell from White, and the other was lying at the place where Matthews was when she got from her knees; Mr. Smith ordered the constable to be called, he lives next door but one to us; they were taken before the Alderman; there they said they did not know that they had the cloaks; (the produced in court, with the tickets on them, and deposed to.) I imagine the other cloak was taken when I went up to Mr. Smith.

Joseph Andrews . I am a servant to Mess. Stansbury and Smith; I came into the shop while the two prisoners were sitting by the counter, looking at the cloaks; I was engaged with a lady, who bought a cloak of me; after the prisoners went out, I heard Mr. Smith say something to them; when they came in, they went on their knees; they seemed to shake themselves, and I saw a cloak drop from each of them; they were on their knees at the time; they begged forgiveness, and made a great noise, squalling out, while the hackney coach was getting ready to take them away.

Mr. Smith. When I came down, I found the two prisoners sitting by the counter; White had a long scarlet cardinal on, which covered her child's head; I examined the cloaks, and found a figured cloak, as my servant had told me, was missing; when Matthews was out of the shop, I stopped them, and desired her to come in again; at that time White had left 6 d. earnest, saying, she had but 18 d. in her pocket; I told them. I wanted to speak to them; they said, they knew what I wanted, and went both on their knees, and begged for mercy for the sake of their children, crying, Mercy, mercy, mercy, which raised the whole neighbourhood; when they got up, the two cloaks lay as it were behind them.

Q. Were any thing lying on the floor before there?

Smith. No, there were not; they were about six yards from the place where they had been shewed the cloaks.

The prisoners in their defence said, if there were any cloaks on the ground, they fell from the counter, and begged mercy on account of their children.

Both Guilty 2 s. each. T .

154. (L.) William Guy was indicted for stealing a linen handkerchief, value 10 d. the property of John Baker , Esq ; Feb. 12 . +

John Baker , Esq; On the 12th of February, between seven and eight in the afternoon, I was going along Cheapside, near Bow-church , I felt a twitch at my pocket; I turned round, and saw the prisoner withdraw his hand carelessly from my pocket; I saw my handkerchief hanging out of my pocket, ready to fall down; I took the prisoner by the collar, and carried him into a shop, and sent for a constable, and secured him; he had not compleatly taken it out of my pocket.

Acquitted .

155. (L.) Henry Rowls was indicted for stealing six brass cranks for hanging of bells, value 14 d. the property of Edward Berry , Feb. 16 . ||

Edward Berry . I am an ironmonger, brazier, and smith , in the working way; I keep a shop in St. Paul's Church-yard; last Monday night about a quarter after seven, one of my men brought the prisoner to me, and said the prisoner had taken a parcel of things out of a drawer, (being work finished, in order to go away when wanted) cranks for hanging of bells, which work the prisoner did for me. I asked the prisoner how he could be guilty of such a thing; he said, Sir, I acknowledge the fact; I cut them in pieces with intent to take them away to sell for old brass; he said, I might hang him if I chose it, and behaved in a very impertinent manner; he did not mind being transported, saying, he had been cross the water before.

Archibald Paterson . I am the foreman of Mr. Berry's shop; on Monday night last I missed a great many things out of the shop; the prisoner was doing something to a lock.

Q. What is the prisoner?

Paterson. He is a bell-hanger, lock-smith, and jobbing-smith ; seeing him drop something, I said, you are drunk, go home to bed; at that time he pulled out a piece of paper from his pocket, and seemed, as I thought, he was going to ease himself; I took a candle, and looking down, found there were two new brass cranks cut in pieces, which had fell from his pocket; I found five or six more cut on the board; I challenged him with it; he said, they were old work, and were his property. I took him and them to my master; my master said they were new work, and asked him if it was the first time he had done so; he said no, nor the second, nor the third; my master said, you will come to the gallows; he answered, he did not mind that, if he was not choaked; my master then said, you will surely go over the water, Harry; he said, I have been over the water before, I do not mind that.

James Grove. I am a constable: I was sent for; there were several pieces of brass lay on the counter; I said to the prisoner, are you guilty of cutting these to pieces, in order to defraud your master; he said, yes; I asked him, how he could do such a frivolous affair as this; he said it was necessity that drove him to it.

Q. Did he say it was his perquisite?

Grove. I heard no such word.

Prisoner's defence.

I was very much in liquor and troubled in mind, but I did not do it with intent to sell them.

Acquitted .

156. (M.) Hugh Beard was indicted for stealing two linen shirts, value 9 s. six linen aprons, value 9 s. two linen shifts, value 5 s. one linen sheet, value 6 s. one linen jam, one linen petticoat, one flannel petticoat, and two linen tablecloths , the property of Elizabeth Caruthers , spinster , Feb. 26 . ||

Elizabeth Caruthers . I am a washer-woman ; yesterday was a month, I had the linen and things mentioned in the indictment in a bundle in at the Apple Tree in Cursitor-street ; the prisoner was there; I wanted him to carry them home for me; I have known him three years; I dropped asleep, and when I awaked, he and the bundle were gone; I went home that night, and the next day I was obliged to go to wash near Cripplegate; after that, I went to his father's to enquire after him; he was taken last Tuesday was a week at the Romish chapel, and carried to Bridewell; I have found one shirt again at Mr. Cowley's, facing St. Giles's church, by a search-warrant; I understood he had confessed he had pawned it there, but I was not by at the time.

William Cowley . The prisoner pledged this shirt to me, in the name of Thomas Davis ; he came with the prosecutrix to my shop and called for it, and I carried it to Justice Girdler's; the prisoner admitted this to be the same shirt that he pledged with me; ( produced in court.)

E. Caruthers. There were but two shirts in the bundle, a plain one and a ruffled one; this is the ruffled one; here is no mark upon it, but I have washed it many times, and I know it.

Prisoner's defence.

I have not much to say for myself.

Acquitted .

157. (M.) Margaret, wife to John Sutton , otherwise Margaret Knowland , spinster , was indicted for stealing three linen towels, value 9 d. three linen stocks, value 18 d. one linen cap, value 6 d. one china tea-pot, value 4 s. one china tea-pot stand, value 6 d. one china coffee-cup, value 6 d. one china boat, value 3 d. and one yard of swanskin flannel for a cover to a side-faddle , the property of Ralph Ward , Esq ; Jan. 10 . ||

Anne Ward . I am wife to the prosecutor; we live in Winefred-street, Marybone parish ; the prisoner was my servant between two and three months; in the time I lost many things; she said she was a married woman; she was big with child, and not able to do her work, so she went away; I suspected her, and went to her lodgings, where I found one towel, three of Mr. Ward's stocks, and some cloth to cover a saddle; and Mary Cogan , the milk-woman, brought the china tea-pot, stand, and other china, when we were before the Justice. The Justice asked the prisoner how she came by those things; she rather owned she took them away; she said they were my things, and that she might take them out of a mistake; I had not missed the china before the milk-woman brought the pot and stand, but I missed them when I came to look for them.

Q. from prisoner. Did you not give me the tea-pot?

A. Ward. No, I did not.

Margaret Cogan . The prisoner made me a present of a china tea pot; I found the other china in my apartment, and when I heard she was taken up, I carried them to the Justice's; I do not know how the other things came there.

Q. Had you ever seen them in the custody of the prisoner?

M. Cogan. No, I never did; she gave me the tea-pot in Mrs. Ward's kitchen, in the presence of her fellow-servants, and bid me take it home; I served the family with milk.

Q. What time did she give you the pot?

M. Cogan. About a fortnight or three weeks before she went away; she lodged with me.

A. Ward. These things Mrs. Cogan brought to the Justice's were all my property; they are in the constable's hands, and he is not come.

Prisoner's defence.

I never took any thing in my life from my mistress; she gave me the tea-pot; her sister wanted it of me afterwards, and I would not sell it.

For the prisoner.

Thomas Dorkin . I am servant to Mr. Ward; I heard the prisoner say my mistress gave her the tea-pot; then I said I would give her a shilling for it; she said she would not take it; I went very ill into the country, and when I came up again, she said her mistress's sister wanted it, and she would send it to Mrs. Martin's that is Mrs. Cogan, we call her by her husband's christian name; then she said she would tell my mistress's sister it was broke by the cat, and it was given out so in the family.

Q. Was it talked of in the family, that her mistress had given it to her?

Dorkin. I do not know that it was.

David Hartley , the constable, was called upon his recognizance, and did not appear.

Guilty 10 d. W .

158. (M.) Margaret Welch , spinster , was indicted for stealing a silver watch, value 3 l. a silver seal, value 12 d. and a steel watch chain, value 12 d. the property of Richard Robinson , privately from his person , Jan. 11 . ++

Richard Robinson . I am under hostler at the Bolt and Tun in Fleet-street. One Sunday night about a month ago, I had been at Mutton-lane, and was coming down Saffron-hill; when I came down to the end of Chick-lane , I heard a woman cry out murder in the lane; I went up towards the place; there were three women and a man in company; one of the women came up to me, and put her belly against me, and asked me if I would go along with her; I told her I would not; after that, they all four ran away down the street; then I missed my watch; then I ran after them; I catched one of them; her name was Mary Bell, and took her to the watch-house; she confessed who were in company: then the constable and I went and took up the prisoner, and Anne Page , a witness, that is here; I found the prisoner at the Black Raven in Chick lane; I cannot justly swear to the prisoner at the bar, but I believe it was she that came up and shoved her belly against me; I charged her with it: she denied it.

Q. Did any thing pass between you besides what you have mentioned.

Robinson. No, there was not.

Q. Was you drunk or sober?

Robinson. I was not very drunk; I had been drinking to be sure.

Q. Had you talked to any woman by the way?

Robinson. No, I had not.

Q. Are you certain you had your watch when the woman came up to you?

Robinson. I am certain I had it when I was in Chick-lane; I felt it in my pocket when I turned the corner.

John Swinton . I am a pawnbroker; I live in Baldwin's gardens; a young woman, named Frances Webb , brought this watch to me: (produced and deposed to) and said it was a young man's watch that had broke his leg that morning, and wanted money to take him to the hospital; I lent her 25 s. upon it; she is not taken; I should know her if I saw her again.

Anne Page . I have known the prisoner about half a year; there were she, I, Mary Bull , and Louisa Ormond had been together this night; a man came by, which I believe was the prosecutor; he came to the prisoner, and she and he walked away together; they went out of my sight.

Q. At what distance might they go?

A. Page. I believe it was above the length of this court; after which, she came up to me and brought a watch, and desired me to put it in my bosom; at first I was not willing, but at last I did; then one Dick Webb took it from me, and went with it into Black-boy-alley; the next morning he delivered it to the prisoner, and she came to me to know where she could pawn it; I directed her to my mother-in-law, and she took and pawned it for 25 s. after that she gave me 7 s. of the money; I was taken up three weeks ago last Sunday: I have the pawnbroker's duplicate here.

Prisoner's defence.

I was with the evidence Page at her mother's, and she treated me with tea; I saw her give her mother the watch to pawn, and her mother took and pawned it, but I know nothing how she came by it.

Acquitted .

159. (M.) Robert Stokes was indicted for stealing three bushels of malt, value 6 s. and one hempen sack, value 12 d. the property of John Higley , Feb. 2 . ++

John Higley . I am a malster ; I live at Walham-green. On the first of this instant I had been at Bear-key market; I had intelligence that I had lost a sack of malt; I went as directed to Hammersmith, and found one of my sacks with some malt in it, at Mr. Major's, a coffee-house; there I also found the prisoner, who was my servant; he said he had a sack over in his barge; I asked him what right he had to bring it there, he owned it was my malt.

Richard Major . I keep a coffee-house at Hammersmith. On Monday the second of this instant I was desired to go to a chandler's shop over the way, where they sell corn, to enquire after a sack of malt that was offered to the woman to sell; there was the prisoner and the malt; the woman is a woman in years; I asked her if she would let me have the bargain, not being willing to take the prisoner there to surprize the woman; the prisoner said, I might have the malt; I said, if he would take it over to my house I would; when we came there, there were two or three neighbours of mine; I desired of them privately to see if they knew the man, he being a stranger to me; some knew him, some did not; I desired them to stay with him while I got an officer; I got one; then I asked him how he came by the malt; (there was J. Higley at length on the sack) the prisoner said it was Mr. Higley's sack, of Walham-green: I sent for Mr. Higley; he came; then the prisoner acknowledged the malt to be Mr. Higley's property; we brought him to Sir John Fielding ; it being late, he was put into Covent-garden Round-house; the next morning he was taken to Sir John, and committed; he owned there, that it was Mr. Higley's sack and malt; first he said it was sweepings, and that it belonged to the servant; then he said it was a sack over tale; that I understood by him to be thus, that if the servant lost a sack, he must make it good; and if they could get a sack over and above, that was their property.

Prisoner's defence.

It was sweepings that I swept up in the barge, time after time, and I saved it till it came to almost a sack; I thought I had better save it than throw it away; I was in liquor, and frighted when they talked to me, that I did not know what I said.

Guilty . T .

160, 161, 162. (M.) John Warren , Richard Wheeler , and Isaac Long , were indicted, for that they, on the 2d of February , about the hour of two in the night on the same day, the dwelling-house of John Sideaway did break and enter and stealing one diaper table-cloth, two yards of Irish cloth, one pillow-case, one pair of girl's pumps, one pair of worsted stockings, two tin cannisters, one silver table-spoon, one silver punch-ladle with a whalebone handle, and 3 s. in money numbered, the property of the said John, in his dwelling-house . ||

John Sideaway . I live at the Barking Dogs, near Moorfields . Last Monday fortnight, early in the morning, near six o'clock, my man Joseph Trussel came early to brew; he knocked at the door; I looked out of my one story window; he told me one of my shutters was down, and the sash up; I went down and found it so; I took a rush-light that was burning, and my wife and I came down, and went into the bar, and saw several things lying on the floor; I found the till was gone, with about 3 s. in farthings and two pocket-books in it, a diaper table-cloth, a pair of girl's new pumps, a pillow-case, a cannister of tea, a tin case of lump sugar, a silver table-spoon, a silver punch-ladle with a whalebone handle, were all missing; I observed the groove of the window-shutter had been cut.

Q. How had you left your house when you went to-bed?

Sideaway. I came home about twelve o'clock that night, and found my wife and maid up alone; the window-shutter was then up.

Q. How did they fasten?

Sideaway. They slide in and out; we went to bed within about five minutes after I came home, and my maid went to bed very soon after; she goes by my chamber-door to her bed; I suspected the evidence Norbury, and two other boys that accompanied together; he lives in the neighbourhood; I laid hold of one of them, (not either of the prisoners) and locked him up in the stable; he had not been there long, before he broke a pane of glass, and got away; that made me suspect him more than before; then I got Norbury, and put him in my back parlour, and kept him there some time; I sent for his mother, and he agreed to let me know at seven o'clock at night, where to come at the other two, who, he said, were to meet him at the Tabernacle-gate; on that condition I let him go, he was to bring them to me; but the next morning one Mr. Caster, that lives about 50 yards from m secured the prisoners, and brought them all three to me; Norbury owned he was concerned in robbing me, and that he took as many things out as were worth 10 l. but did not sell some of the things for above a penny piece: I took them before the Justice, and he was committed to Bridewell, the others were set at liberty; Norbury was brought up again the next day: then he gave a description of the three prisoners at the bar, we went and apprehended them, and the Justice thought proper to admit Norbury an evidence.

Q. Did you ever find any of your things again?

Sideaway. N o.

Joseph Trussel . I came in the morning between five and six to brew, and found the window shutter down and sash up; that is all I know.

Edward Norbury . I shall be 14 years of age next Christmas.

Q. Do you know what will be the consequence if you forswear yourself?

Norbury. Yes, I shall go to the d - l when I die if I do.

Court. See and be careful, and say nothing but the truth.

Norbury. I was coming along on a Saturday night; I saw Warren raise up the shutter of Mr. Sideway's window with an iron bar.

Q. What time of the night was this?

Norbury. This was about half an hour after twelve o'clock.

Q. How came you to be out so late that night?

Norbury. Because my mother would not let me in.

Q. Where did you go after seeing this?

Norbury. My sister let me in slily; I am an apprentice; my master had been licking me, and I ran out at the door.

Q. What did he beat you for?

Norbury. Because I did not clean his shoes as soon as he came home.

Q. Where does your master live?

Norbury. He lives in the Tabernacle-walk, and my mother lives in the same house.

Q. What are the two boys names that you keep company with?

Norbury. They are Bill and Jack Rice .

Q. Did you see the other two prisoners with Warren?

Norbury. Yes; said Isaac Long , I'll be d - d if I have not got a large knife in my pocket, let us cut the groove.

Q. Was it light or dark?

Norbury. It was pretty lightish: said Wheeler. there is the watch at the bottom of the ditch; let us go away, and come again to-morrow night then they all went away up the walk.

Q. How near to Mr. Sideaway do you live?

Norbury. I live next door to him.

Q. Why did you not go and tell him what you had seen the next morning?

Norbury. I was afraid I should be brought into some scrape. On the Monday morning, Mr. Sideaway's man went into the garden, and shut too the window; I looked out, and saw the shutter was down.

Q. Did the prisoner see you that Saturday night?

Norbury. I went into the alley, fearing they should see me, and make me go along with them; and they were looking one way to see if the watchman came, and I came the other way?

Q. Could you hear them plain, when they said they would come again the next night?

Norbury. They talked pretty loud, I could hear them plain.

Q. How near was you to them?

Norbury. He described it, by pointing to a place about six or seven yards distance.

Warren's defence.

I am innocent of the affair; I have witness to prove where I was at the time.

To his character.

Esther O'Neal . Warren has lived at my house this last twelve months almost; he has behaved true and honest.

Q. Where was he on the first of this month at night?

E. O'Neal. I know he was at home in his lodgings; he has last been out on a night after ten o'clock for this month past, and better.

All three Acquitted .

163. (M.) Matthew Etheridge was indicted for marrying Sarah Robinson , widow , on the 26th of August, 1766 , his former wife being living . ||

Samuel Morris . I was present when the prisoner was married to Sarah Robinson .

Q. How long have you known him?

Morris. I have known him between two and three years.

Q. What is his business?

Morris. I don't know that, I was a clerk to a gentleman in the brewery, and had used to dine in the Gun in St. John's-street, and he used to come there to dinner.

Q. Where did you see him married?

Morris. At St. Martin's in the Fields church .

Q. How came you to be present?

Morris. I married a widow in the public way, and the prisoner has come and spent money in my house, and he came and asked me to be so kind as to go with him to see him married.

Q. What was Sarah Robinson ?

Morris. She was a widow, they were married on the 26th of August last, and the marriage was entered according to act of a parliment, I put my name down as a witness.

Q. Where did she live?

Morris. She lived near the church, in Church-court, opposite the sign of the Crown. I think I have heard her say she lived there 12 years. After the wedding we went to Chelsea, and came back and dined at my house; then he, my wife and his wife, went to Sadler's-wells together.

Prisoner. I married my first wife in the neighbourhood of St. John's-street where Mr. Morris lives, and I have not lived with her 3 years; I was credibly informed she was dead, or I had never carried my wife into that neighbourhood.

Q. to Morris. Did the prisoner live in St. John's-street as a housekeeper?

Morris. No, he never did.

Q. Did he pass for a married man or a batchelor?

Morris. He past for a batchelor; I remember he did once tell me he had had a wife, but she was dead.

Prisoner. Mr. Morris has seen my first wife several times in that neighbourhood.

Morris. If I have seen her, I did not know that she was his wife.

Rev. Richard Dixon . I am curate of St. Martin's; (he produced a look and reads)

Aug. 16, 1765.

" Matthew Etheridge and Sarah Robinson both

"of this parish, were married by L. D. M. by me,

" Richard Dixon curate."

(The meaning is by licence from the Bishop of London.) The witnesses are Samuel Morris and Stephen Brown ; this marriage was then signed by a mark, wrote by it Matthew Etheridge his mark, and Sarah Robinson .

Q. Do you recollect the persons that were then married?

Mr. Dixon. No, I do not; that is impossible.

Morris. I wrote this my name here in this book as a witness; the prisoner is the person here mentioned to be married at that time to the widow Robinson.

Anne Sergeant . I never knew the prisoner, but a little time before he was married to Sarah Robinson in August 1766. I lodged in Mrs. Robinson's house, and I was there

William. I am the Leonard S , at all of the prisoner, riages (produced in court Mathew Etheridge was married to that lived in our years ago.

It is read.

"Matthew Etheridge of this parish, r,

"and Eleanor Dean of this parish widow , were

"married in this church by , the 20th of

"May, in the year of our Lord 1763, by me

" Edward Ireson , D D.

"Matthew Etheridge his + mark,

" Eleanor Dean her + mark"

This marriage was solemnized by us in the presence of Samuel Child and Hannah Williams .

Samuel Child . I am one of the witnesses to this marriage; I was the person that gave Eleanor Dean away to the prisoner at the bar, I know him perfectly well; the marriage was in Shoreditch church. between 3 or 4 years ago. I believe; this is my hand-writing in the book (my name: I have had no correspondence with the prisoner for upwards of 2 years, he and she have not lived together for some time.

Q. Is she living or dead?

Child. I never heard that she was dead.

Hannah Williams . I am the other witness to the marriage of the prisoner and Eleanor Dean .

Q. When did you see her last?

H. Williams. I have not seen her for some time: the last time I saw her, she went by my door, she asked me how I did, I believe she lived in Kingsland-road.

Q. How long may that be ago?

H. Williams. It is rather under 6 months ago.

Q. How long did the prisoner live with her after he was married to her?

H. Williams. He lived with her better than a year.

Q. Do you know how they came to part?

H. Williams. They did not agree I think.

Richard Hedges . I live in Church-court St. Martin's parish, and keep the Crown alehouse; I have known the prisoner ever since he was married to Mrs. Robinson. His first wife and another woman came to my house, and asked me if I knew one Mrs. Robinson; I said I did: said she, do you know the man that married her lately; I said I did: she said he was her husband; she said her maiden name was Eleanor Dean . The last wife, Sarah Robinson and I, saw her last Friday at the George in Ho square; Sarah Robinson is now in court.

Q. Did you know Eleanor Dean before?

Hedges. I never saw her in my life before she came to me that time.

Court. I you know no more than what she told you.

Hedges. No, no more.

Court. That is not proper evidence.

Prisoner's defence.

I have no other wife living to my knowledge; I acknowledge to both the marriages; I never saw my first wife for between 2 and 3 years; there was a woman came and took me up with a constable, but who she I don't know. She may be raised from the dead for what I know. I was a little in liquor; I can prove I had letters when I was at Hull in Yorkshire that she was dead, and I came to London directly, but did not give myself a great deal of trouble about her; after that I heard she died in Ireland.

For the prisoner

John. I knew the prisoner in staff, and westminster I saw him at Oxford races.

Q. How come you there?

Casper. I deal in the country with goods; he was telling me his wife was dead; I never know he was married again till I came to London this last time, but I heard several people that travel with goods say he was married again.

Robert White . I did keep the pewter Platter in St. John's-street. I have left it better than half a year: all I know, he used my house, I always took him to be a single man: as for Mr. Cooper he has used my house three years.

Q. How long have you kept his house?

White. I kept it about three quarters of a year.

Q. How long have you left it?

White. I left it pretty near half a year, I keep a hackney-coach; all I can say, I believe Mr. Cooper and the prisoner to be two honest men.

Guilty . B . Imp

164, 165. (M.) John Webber was indicted for stealing a piece of black callimanco containing 40 yards, value 3 l. 10 s. the property of Samuel Brett ; and Elizabeth Graham widow, for receiving the same well knowing it to have been stolen , January 31 . ||

Thomas Griffiths . I work for Mr. Brett, a dyer in Long-alley, Moorefields ; Webber the prisoner worked at the same place; he lodged at Graham's house in Long-alley up one pair of stairs; a little after four in the morning, on the 31st of January, I went to work, I heard a man walking in the about a quarter or an hour after Webber came down with a piece of black callimanco under his arm, and went out into the alley, I went after him; this was between four and five. I kept in sight of him till he came into Angel-alley; I did not see him go into Graham's house, but I saw him go in other yard, when he got in there, I came back again to my work, and in about ten minutes he came after me; we worked together in between six and seven, then he went out for a drank as usual; he came back again and we worked together till breakfast time; then I went and told Mr. Brett, that I saw take a piece of black cloth under his arm, and carry it away to his lodging, then my master put two men to watch at the two doors of Graham's house, named Elks and Sams

Samuel P. I am a dyer, and live in g. alley; German and Webber worked with me, the latter on and off twelve years; on the 31st of January, a little after eight in the morning Graham inquiring me with the other; I went and got a search warrant after I had fetched men to watch the nothing should be carried out, then I went and searched Webber lodgings and Graham's apartment, I found nineteen remnants of callimanco, but did not find the piece we went to look for them: I went up into the two pair of stairs from are garret, which both belonged to one his wife and he were both at work in the garret; I found things to red clean and tight; by their decent behaviour I did not suspect them, neither did I at all inspect about their bed; I returned without finding the piece, this was betwixt nine and ten o'clock, after that, Mr. Bell came and told me he had found the piece; before it was found Webber denied it; but after that he owned he had taken that piece of black callimanco that morning, and before Justice Fielding he acknowledged the same.

Q. from Webber. I worked for you thirteen years, did I ever wrong you?

Brett. I have had some suspicion of him before this, but nothing certain.

Thomas Smith . I remember Webber being charged with stealing this callimanco the 31st of January; I heard him confess he did take it that same morning, in the way to Sir John Fielding 's; and he told me the same in my master's tenter-ground, and that he intended to either sell or pawn it, but could not tell which; I had the same piece under my arm when he made his confession.

Q. Had you made him any promise prior to this confession?

Smith. No, no in the least.

William Gill . On the 31st of January, in the morning, master Brett, whom I worked for many years, called me into the parlour, and said he had found a thief, which was Webber; he said, do you go to the Justice and get a search warrant, to search Webber's apartment. I went to the Justice; the Justice and my master must come himself, he went, and came with a warrant; I went with my master to search, but we could not find the callimanco; after that Mr. Bell came, and informed us of the piece; when the prisoner and piece was before the Justice, I heard him own he took it, and hoped he should receive mercy; (piece produced.)

Q. to Prisoner. What is the piece worth?

Prosecutor. It is worth 3 l. or better.

John Bell . My husband and I lodge at Graham's house; we have a two pair of stairs room and garret; the ground floor is a cook's shop: the one pair of stairs room she letts out in lodgings to single men; she lived in a little room; parted off from that on the one pair of stairs room; the prisoner lay in the sore room on the first floor. On the 31st of January my husband and I had just done breakfast, about nine o'clock; my husband was just got into his room; (he is a handkerchief-weaver) we heard a rustling; he ordered me to go and see who was there; I did not go; we soon heard it again; I called, who was there; no body answered; I went down, and saw Mrs. Graham at my chamber-down; I asked what she wanted; she made no answer, but made a motion with her hand for me to follow her down stairs; when I came about three or four stairs down, she asked me if I had seen Webber that day; I said, I have not seen him these two days; she had not been up my stairs for two years and upwards; I followed her down into the shop; she put something in a pan, and carried it to the oven, and came back: then I went up to my work; when I came up, I found my door was open, and the key on the inside; I locked it, and put the key in my pocket, and went up into the garret.

Q. Where had you put the key when you went up into the garret that morning?

J. Bell. I think I put it as usual in the garret; in about half an hour after, Mr. Brett and one of his journeymen came and knocked at my door; I asked what they wanted; the officer said, they wanted to see what goods I had in that room; I said, they were very welcome; I desired them to go up into the garret first; they did, and then went down to our other room; I shewed them what we had there; Mr. Brett seemed contended, and went away. About one o'clock that day, I went down to out two pair of stairs room, and saw a piece of black hang out by the side of my bed; I called my husband down, and said, for God's take come down; here is the piece of black stuff in my room; he took it out and put it on the floor, and went down to Mrs. Graham, and desired her to come up; I went down after my husband, and said, Mrs. Graham, I desire you will come up directly; she was up almost as soon as I I said, how could you be so cruel as to put this into my room; she clapped her hands together and said, she had not been in our room: I said, it does not signify, it must be either you or Webber; my husband said, I'll go and fetch Mr. Brett; she catched hold of my husband, and said, do not go, Mr. Bell, for if you do, Webber will be hanged; my husband went away directly, and Mr. Brett's journeyman came and fetched it out of my room.

Q. Do you know how it came into your room?

J. Bell. I know no-more how it came there than the child unborn; the first that ever I knew of it was seeing it hanging out of the bed.

Graham. Mr. Bell has a wife; this woman is named Judith Manners ; they are indebted to me; I have gone up stairs a great many times, and told them I was necessitated, and desired them to let me have it.

J. Bell. We do owe her 33 s. She never came up, but whenever she asked me for it, it was in her public shop.

Q. How long after you saw her at your room door was the search made?

J. Bell. It was about half an hour after.

John Bell . I lodge in Graham's house. On the 31st of January I was in the garret at work; about nine o'clock I heard a rustling; I said to my wife, give a step down, there is somebody in the entry; she said, there is nothing at all; I said, yes, go and see; she went to the head of the stairs, and then, as she told me, she saw Mrs. Graham; I did not see her. About half an hour after, Mr. Brett, a journeyman, and the constable came to search: I never moved out of the garret: my wife desired them to come and search the garret; they came and searched, and were very well contented; then they went down to our other room, but found nothing. About one o'clock I had done dinner, and went to my labour again; my wife went down to make use of the pot, and she called me down, and said, here is something hangs black out of the bed; then I ran down; I laid hold of it, and drawed out a whole piece of black stuff. I went and said to Mrs. Graham, come and fetch that out of my room which you put in, for no body could put it in but you or Webber; she did not come up then: my wife went down and called her up a second time, then she came up; I said, you naughty woman, how could you put that piece into my room, take it out again; she made a great many vows, and said she did not put it there; I said, I'll go and tell the owner of it; she laid hold of my sleeve with one hand and my shirt with the other, and said, if you do go, Webber will be hanged; I went immediately to Mr. Brett, and told him of it; he and his foreman and the officer, came and took Mrs Graham and the piece away together.

Q. from Webber. Did you ever see me above three times in your room in your life?

Bell. No, I do not remember I ever did.

Webber's defence.

How the piece came into that room I cannot tell.

To his character.

Peter Lote . I am an opposite neighbour to Mr. Brett; I have known Webber 23 years; I always took him to be a very honest man; I never heard to the contrary.

Graham's defence.

I know nothing of the goods no more than any person in the world; I never saw the piece.

To her character.

Joseph Bird . I have known Graham seven years; I look upon her to be a very honest woman; one works very hard for her bread.

Q. Where do you live?

Bird. I live in Little St. Anne's, Seven Dials, Webber Guilty . T .

Graham Acquitted .

166. (M.) Henry Grimsdale was indicted, together with John Hall not taken, for stealing ten yards of linen cloth, value 15 s. two pair of worsted stockings, value 4 s. one linen handkerchief, value 6 d. the property of John Brown , Feb. 14 . ++

John Brown. I am porter to the House of Lords ; I happened to be a little in liquor last Thursday was a week; coming home, about half an hour after eight o'clock in the evening, two men passed by me; one of them called me by my name, and asked me how I did; they desired to drink with me; I gave them a pot of beer at the Thistle and Crown in Charles-street ; then they said they would see me home; I happened to fall asleep in the house, and when I awaked, I missed ten yards and a half of linen, which I had bought to make me three shirts, and two pair of stockings, that cost me 4 s. 6 d. they were tied up in a handkerchief.

Q. When you first went into that house, what did you do with them things?

Brown. I had them in my custody.

Q. Was the prisoner in your company when you went to sleep?

Brown. I do not know.

Q. Was the prisoner one of the two persons that drank with you?

Brown. I do not know that; I know there was a soldier in the house that drawed the beer, and the other two were soldiers; (the prisoner is a soldier.)

Q. Did you miss your things as soon as you awaked?

Brown. No, I did not remember about the things, but went home.

Q. You say you was in liquor, are you sure you carried these things into that house?

Brown. I am well assured of that; the next day I went to that house again, and asked whether I had left any thing there; they said, no.

Isabella Gilley. I keep the Dr. Ward's Head, a public-house; last Thursday se'nnight, in the evening, the prisoner and two other soldiers came in, and called for three pennyworth of rum and water; my niece served them, and they paid for it; after that they were quarrelling; I desired them to go out; one of their heads appeared bloody; they said he had fell down and cut his head; they called for a bason of water to clean him; I saw a piece of linen cloth on the floor; I heard one say to the other, why did you take the stockings; the other swore he had got them in his pocket; then they said one to another, let us get away as quick as we can; we suspected all was not right; my-husband went for a constable, but could not get one; they left my house, and went in at the Mitre and Dove; I went there it about half an hour after; there they offered the stockings to sale; they were taken up upon that, and sent to the watch-house.

William Smith . I was sent for, being a constable, to the Mitre and Dove; when I went in, the three soldiers were offering there a pair of stockings to sale; the prisoner was one of the men; the prisoner pretended to buy the stockings, and to take them into a private room; I pulled out my staff to shew them I was an officer, and shut the door; I insisted upon searching them; I found a pair of stockings and a piece of cloth under the lining of his coat; he told me they belonged to him; then I searched another of them, named White, and found a piece of cloth in his pocket; he said it was his own; they said, serjeant Armstrong had given them the cloth to make each of them a shirt against the next day, being a field-day, I asked how they came by the stockings; they d - 'd me very much; the prisoner threatened me several times, and said he would have his things again; then I called for the watch, and sent them to the watch-house; (the things produced in court) it appeared the cloth had been divided in three parts.

Prosecutor. The linen and stockings are my property.

Q. How do you know that?

Prosecutor. I actually took notice of the linen when I bought it; it is three quarters of a yard wide, the piece was ten yards and three quarters.

Q. Do these agree to that length?

Prosecutor. The other man is gone off with the other piece.

Q. How far is the Dr. Ward's Head from the house where the cloth was found?

Prosecutor. It is about 200 yards distance.

Prisoner's defence.

I was drinking in the house when the gentleman came in, he laid his bundle down on the table; John Hall took it up, and desired I would pawn it; the gentleman fell asleep; Hall went out at the door with it, and knocked at the window for us to come out; I went to him; he said, come along; I went with him to Dr. Ward's Head; there we cut the cloth into three parts.

To his character.

Joseph Hunt . I am a serjeant in the first regiment, under Colonel Ligonier ; I have known the prisoner above ten years, seven years I have had him under my care; I was abroad with him in the service in the year 1758; he was at St. Cas; he sometimes will get a little elevated in liquor, but never neglected his duty, and behaved well and honest.

Q. Will your colonel take him again if the court should be inclinable to shew him favour?

Hunt. I know he will.

Guilty 10 d. W .

167. (M.) Thomas Young was indicted for stealing six silver tea-spoons, one silver tea-strainer, and two tin cannisters, the property of Richard Wallis ; and one cloth cardinal, value 17 s. the property of Margaret Donavell , Jan. 14 . ++

Richard Wallis . I keep a public-house in David-street, Hanover-square ; the prisoner and another man came into my house on the 14th of January, between eight and nine at night; they called for a tankard of beer; my maid carried it in: they ordered some bread and cheese; the next morning when my wife and girl got up, the girl's cloak was missing; in looking about, I saw the tea chest was open, and the cannisters, spoons, and strainer were gone.

Q. Was the chest broke open?

Wallis. It was.

Q. What room were the things missing taken from?

Wallis. From out of the kitchen, where the prisoner and his companion were drinking. On the Monday following, between nine and ten at night, a man came and asked my wife if she had not lost such things; she said she had: he said to me, if I would go along with him, he would help me to the sight of the man that took them: I did not know but he was one of their gang (being a stranger) and might rob me at that time; I would not go; he left directions where the place was, and that the man's name was Young. I went the next morning to justice Fielding, and got a search-warrant and a constable, and went and found the prisoner in bed; I asked him if his name was Young; he said no, Young had dressed himself and gone out; I looked about the room; there stood my two tin cannisters in the closet; I charged him with taking them; he said he knew nothing about them; we took him before Sir John Fielding , he directed us to a woman named Langstaff, at Charing-cross, for the cloak; we went there; she was in bed, and would not open the door at first, but when we said we would break it, then she did; we found the cloak under her bed; we took her and the cloak to Sir John Fieldings ; then I fetched my maid, who swore to the cloak; then the woman told us, she and two men had sold the spoons to a silversmith in St. Martin's church-court; she went along with us to the house, where we found them.

Mary Donavell . I am servant to Mr. Wallis; I saw the prisoner and another man come into our house that night, between eight and nine o'clock; there was no other person in that room after they were gone; the prisoner paid the reckoning at their going away; I saw my cloak in the room when they were there, and I missed it the next morning about nine o'clock.

Sarah Lang staff. I called at Mr. Young's lodgings on the 15th of January: he asked me to pledge a cloak and some tea spoons for him; I said, I was not fond of such a thing, but to oblige him I would do it; I carried them to Mr. Trip, in St. Martin's-lane; he lent me 6 s. upon the cloak, and 13 s. on the other things, and brought the money to Mr. Young: I called again on the 19th, and said I was going to buy a scarlet-cloak; he said I might have that if I would redeem it: and I knowing it to be a serviceable cloak, went and redeemed it: after that, he thought it was a pity the things should lie and eat themselves up, so he desired me to get some person or other to let me have money to redeem them; I went to a person in the Butcher-row that does those things, and got some money, and took them out, and sold them to Mr. Hudson, a silversmith, for 15 s. and a penny; I was surprized at the knocking at the door, made me hide the cloak.

John Hudson . I am a silversmith. On Monday the 12th of January, two men and this last evidence came and had gave tea-spoons to me; I gave 2 s. 6 d. an ounce for them; (Produced in court and deposed to by the prosecutor.)

Joseph Stevens . I think it was on the 19th of January that I was known to sent for to serve a woman, we found two tin canisters in the prisoner's, and the cloak at the evidence; Langstaff's; I asked the prisoner, when I came into the room where he was in bed, if his name was Young; he said his name was not Young; he said Young was got up and gone out; he said his name was Smith.

Prisoner's defence.

I know no more of the things than nothing at all; a friend came to me, and asked me to pawn these things, I said I would endeavour to get a person to do it for them: I asked this evidence, and she was very agreeable to do it upon my account; which way he came by the things I do not know,

Guilty . T .

There was another indictment against him for stealing a silver tankard.

168. (M.) Patrick Lawrence was indicted for stealing six steel watch-chains, value 40 s. the property of William Parker , Feb. 17 . *

William Pain . Last Tuesday night about eight o'clock, I was going along St. Clement's Church-yard, I saw this soldier at the bar running; he came by me, and a young man came running after him, calling, stop thief; I followed the prisoner; he turned short about; I turned and followed, and got him by the collar; he had these steel watch-chains in his custody; (producing six steel chains of curious workmanship) there were many people came about presently; I took the prisoner before Sir John Fielding , and he was committed to Newgate: Sir John bound the prosecutor and me over to appear here: the master and man were both here yesterday, but I am ready to think they will not come.

William Parker was called upon his recognizance and did not appear.

Acquitted .

His recognizance was ordered to be estreated.

169. (M.) Peter M'Cay was indicted for uttering and publishing, as true, a promissory note, with the name George Bowes thereunto subscribed, dated Jan. 13. 1767, for the payment of 10 l. with intent to defraud Andrew Rogers , Jan. 16 . +

Andrew Rogers . I am a victualler , and live in Bow-street, Westminster ; the prisoner offered me a 10 l. note for cash; I supposed him to be a little in liquor, told him I could not change it.

Q. When was this?

Rogers. It was about six weeks ago; he had no money upon it; (a note produced, he takes it in his hand) it was to the same purport as this, but I am not positive that this is the same.

William Salthouse . I am servant to Mr. George Wild , a salesman in High Holbourn; on the 2d of January, about three in the afternoon, one Thomas Barber came to my master's shop and bought a coat; he talked in the Scotch language, I could hardly understand him; I said, we do not give credit; he produced this note; before I opened it, I asked him how he came by it, and whether any body had indorsed it to him; he said, no: he blushed very much; he appeared to be a country hed young fellow, not acquainted with business; I looked, and saw an indorsement upon it, I thought it was a forged hand; it seemed to be wrote with the side of the pen; I saw it was payable at Sir Charles Asgill 's; I said he must go along with me to Sir Charles's; it being a very wet day, he begged to stay till I came back; I said if it was a good note, I would give him change; he staid at my master's shop; I went, and Sir Charles Asgill 's clerk told me it was good for nothing, and asked me if I had delivered any goods upon it; I said, no; when I returned back the man was in the shop; I told him he must go along with me to Sir John Fielding , for it was a false note; we went; he produced certificates that he had served some gentlemen; we called in several neighbours to to know what should be done; my master thought proper to let him go, on his promising to produce the man that he had it of; we kept the note. On the Saturday following, in the evening, this Thomas Barber gave us information where we might see the prisoner at the bar; we went with him; he charged the prisoner with having received the note of him; on the Sunday morning we had a hearing before Sir John Fielding ; Sir John thought proper to commit the prisoner, and discharged Barber to be an evidence, and bound him over to appear here, but what is become of him I do not know; he has neither attended at Hick's Hall nor here.

Q. Do you know any thing of this being in the prisoner's custody.

Salthouse. No, I do not.

Barber was called upon his recognizance, but did not appear.

Acquitted .

His recognizance was ordered to be estreated.

170 (M.) Benjamin Hudson was indicted, for that he, on the King's highway, on Eleanor, wife of John Woodroof , did make an assault, putting her in corporal fear and danger of her life and taking from her person one penny money, the property of the said John, against her will , Feb 4 . +

Eleanor Woodroof . My husband is John Woodroof . Last Wednesday was fortnight, about half an hour after six in the evening, I was coming along the back lane to go home; I had a shoulder of mutton, a piece of Cheshire cheese, six pounds of butter, and some red herrings in my lap: the prisoner came out upon me, I think from same bank just under the fourth lamp in the lane; he said, Madam, your money; I said, I have no money, upon my word; he said, you have; I said I had mutton, butter, and cheese, if he would name them he was welcome, and go about his business; he said he wanted some money: I put my hand in my pocket, and pulled out a penny, and looked at it, and gave it into his hand; I believe a halfpenny slipped through his fingers, and fell upon the ground; I had but 5 s. in all about me; he was very much in liquor; he held me by my pocket-hole, while he stooped to take the halfpenny up; he said, Madam, this is not all, you have more.

Q. Was you put in fear?

E. Woodroof. I was very much affrighted, but he did not offer to use me ill or strike me; there was another woman with me, she went to go away; he said, Madam, you must not go, I want your's too; she put her hand in her pocket, and throwed down, she said, about seven farthing; and while he went to pick that up she went away; there came a little boy past me, and he called a man; I believe there was a very tough struggle between the prisoner and that man in the road, for about three minutes; I had not seen the boy, till the boy said he saw the prisoner stop me.

Peter Tod . I was 15 years of age the of last January; I was going to Shadwell about my ter's business; I saw two women by the going the same road; I was glad of that for company; I went behind them till we came about half way between the Angel and the turnpike; the prisoner jumped out of the ditch and took hold of this woman, and said, Madam, your money: the other woman ran away past me; I went up to Mr. Orme, who was coming with his wife, and told him there was a man robbing a woman; upon which he let go his wife's arm, and ran up to the prisoner who was then stooping; he asked him what he was about; the prisoner said, picking up money, what do you think; he engaged the prisoner the space of three, the prisoner tried to run away, two or three times, then I called the pattole. He was secured.

Q. Did you see the prisoner do any thing to the woman

Tod. He took hold of her breast.

- Orme. I am a bricklayer's labourer, and work for Mr. Milnet in East Smithfield; I and my wife were coming towards London; this lad came running up to me, and said there was a man robbing a woman; I loosed my wife's arm, and ran up; the prosecutrix desired me in the King's name to assist her; I asked the prisoner (who was stooping) what he was doing; he said, picking up money; I went to take him by the collar; he struck at me, and ran away. I called, stop thief; he turned again, and offered to fight me; my wife said, strike him with the patten, you do not know what weapon he may have about him, I struck him with my wife's patten; he ran away again; I followed, and struck him with the patten again; then I took hold of his collar, and assistance came up, and he was secured.

Q. What did he say for himself?

Orme. He did not say a great deal.

Prisoner's defence.

I was in liquor.

Prosecutrix. I beg his life may be spared.

Guilty . Death . Recommended to mercy.

171. (M.) Benjamin Jones was indicted, for that he, on the King's highway, on John Farley did make an assault. putting him in corporal fear and danger of his life, and taking from his person a silk handkerchief. value 6 d. a linen shirt, value 2 s. a pair cotton shears. value 2 s. a leather bag, value 6 d. and two dozen of metal buttons, value 18 d. the property of the said John , Feb. 4 . *

John Edwards I was near the New Church in the Strand; I heard murder called first; I ran towards the place I heard it called; then I heard the cry, stop thief: I saw the prisoner and prosecutor I stopped the prisoner; the prosecutor said he been robbed of a pair of shears, buttons and things; the prisoner said, the thief ran way, pointing up an alley; I looked up that way; the prisoner set off, and I ran and catched him again; there was nothing found upon him.

John Farley . The prosecutor, was called upon his recognizance and did not appear.

Acquitted .

His recognizance was ordered to be estreated.

172. (M.) Joseph Guy was indicted, for that he, on the King's highway, on Anne, wife of Nicholas Kemp . Esq ; did make on assault, putting her in corporal fear and danger and taking from her person a silk purse, value 6 d. a silver dollar, a quarter guinea, a 4 s. 6 d. piece, a half crown, and 2 s. in money numbered, the property of the said Nicholas , Feb 9 . +

Anne Kemp . Last Monday se'nnight, between six and seven in the evening, Mr. Kemp. I, and Mrs. Heyman were in a chariot, and got through Marybone turnpike ; Mrs. Heyman said to me, Mrs. Kemp, there is a highwayman; a man came up on horseback and demanded Mrs. Kemp's money; Mr. Kemp let down the window, and swore he should not rob him, he would not give it him; Mr. Kemp said he knew him; then I pulled out my purse, and gave it the man; he thanked me, and away he went immediately.

Q. What were his words, as near as you can recollect?

A. Kemp. He said, your money, Sir, your money, and presented a pistol to Mr. Kemp; I was sitting on the right-hand, the farther side from the man, and handed my purse over Mr. Kemp's shoulder; I gave it him because I was affrighted, and wanted to get rid of him.

Q. What sort of a purse, and what was in it?

A. Kemp. It was a green silk purse; there was a Spanish dollar, a King William and Queen Mary's half crown, a 4 s. 6 d. piece, a 5 s. 3 d. and some silver.

Q. Did you observe his person?

A. Kemp. I did not.

Q. When was the prisoner taken?

A. Kemp. He was taken the next morning.

Martha Heyman . I was in the chariot at the time Mrs. Kemp was robbed; I saw the man, and I said, here is a highwayman.

Q. Why did you say so?

M. Heyman. Because I saw him come up with a pistol in his hand.

Q. Did you see him so as to know him?

M. Heyman. I saw he was a black; he stopped the chariot, and demanded the money, not of any person particularly; Mr. Kemp said he would not be robbed, and Mrs. Kemp reached over his shoulder, and gave the highwayman her purse, and he rode off immediately.

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

M. Heyman. I cannot be positive that he was the man; it was like him.

Nicholas Kemp , Esq; Last Monday was se'nnight in the evening, about six, or a little more, we came through the turnpike at Marybone; going up to the chapel, a little way beyond that, I heard a person say, stop; I put down the window, and said to the coachman, what are you prisoner came up, and said, your money, your money, in a minute; immediately I asked him how he came to stop me in that manner, and him go about his business, and said, ( which was very imprudently done to a highwayman) I knew him; I could not get the door open, or I believe I should have unhorsed him; he said, what, you will not be robbed; I said, I will not. After that, my wife put her hand over my shoulder, (for I was turned about to him) and he snatched her purse out of her hand, which I did not perceive till after he was gone; he rode off immediately.

Q. Can you tell who stopped you?

Kemp. It was a black man, of the prisoner's stature and size; the pieces of money are remarkable; the King William and Queen Mary's half crown I gave my wife about seven years ago for a pocket-piece.

Richard Bond . On the Monday after Mrs. Kemp was robbed, Mr. Kemp came and gave information to Sir John Fielding of the man, a black highwayman; I was desired to go in pursuit of him; I went up as far as the Farthing Pye turnpike; I had intelligence he came into Tottenham-court road; I went on, and had intelligence of him till he came into Oxford-road; then I heard no more of him that night; the next day I was going through Ryder's-court, by Cranbourn alley, (there were then bills put up, describing the man) I there saw the prisoner answered the description of the bills; I went and looked at him two or three minutes; after that I said to him, my friend, you must take a walk with me; he seemed to be greatly confused. Coming through Long-acre towards Sir John Fielding 's, he stopped once or twice, and said he would not go any farther; I told him he should; he asked me for what; I told him he had assaulted a gentleman, and he must go and ask his pardon; he said, where; I said, at a public-house; (having no person with me, I did not think proper to say where I was going with him) as we were coming through a little alley called Felix-alley, he wanted to put his hand into his left-hand breeches pocket; I said, keep your hand out of your pocket, for you shall not put your hand into your pocket till you come into the public-house; I was on the right side of him; as soon as we came into the public-house, which was the Brown Bear in Bow-street, I sent over to Sir John Fielding 's, to know if he was at home; then I said, now let me put my hand into that pocket; he was unwilling; I said, I will; I put my hand in, and took out this purse, with this money in it; (a green silk purse, with money in it, produced in court.)

Court to Mrs. Kemp. Look at that purse.

A. Kemp. To the best of my knowledge, this is my purse that I gave the man at that time.

Court. See what is in it; ( she takes out a Spanish dollar, and a William and Mary's half crown.)

A. Kemp. I can very safely swear to these two pieces (holding them in her hand.)

Bond. There were several shillings in the purse, the prisoner was in a great confusion; then I took him over to Sir John Fielding 's; he was then committed till Mr. Kemp came, which was on the next day, being Wednesday.

Q. from prisoner. What breeches pocket did you take that money out of?

Bond. I took it out of the prisoner's left-hand breeches pocket.

Prisoner. I have no pocket on that side.

Bond. The prisoner said before Sir John Fielding , he had had that Spanish dollar seven years ago, when on board a man of war.

Prisoner. That I had, if not more; I brought it from my own country with me, New-York.

Court. Read the date which is upon it.

Clerk of the arraigns. It is dated 1764.

John Pilgrim . I am a stable-keeper, and live at Chelsea; the prisoner had a horse of me on a Monday; I did not take notice of the time.

Q. How long before he was taken up?

Pilgrim. It was not above a day before he was taken; he had him about three o'clock, and he came home about seven, or a little after; I cannot tell to half an hour.

Q. What business is the prisoner of?

Pilgrim. I cannot tell that; he was in the same regiment that one of my men was; I only knew him by his coming to see him.

Q. Where did he say he was going when he hired the horse?

Pilgrim. He said he was going to the Three Conies in Rumford road, that is about four miles from London.

Q. What sort of a horse was it?

Pilgrim. He is a brownish horse, about fourteen hands high, with a rat tail.

George Raleigh . I drove the chariot last Monday was se'nnight; the man that stopped us had a black face; I cannot say positively to the prisoner; the horse he was upon was very low in flesh, and he had a rat tail; I know no more of the robbery than what has been given an account of.

Thomas Sadler . I keep the Castle in Jews Row, the prisoner come to my house, and called to Tuesday se'nnight and after that me this 5 s. 3 d. piece I chary'd it oning came to to 8 d. half penny; (Produced in court.)

Court. Mrs. Kemp. that piece of money.

A Kemp. (She in her hand) I believe this to be the same that was in my purse that I lost, that time we were stopped, I know it by this little hole almost punched through it.

Q. from prisoner to Sadler. What did you say to she when you gave the change?

Sadler. I said, in the head would cut King George's it was in their power; (the was just in the gullet)

Samuel Thring . I was the footman behind the chariot at the time it was stopped.

Q. What was the colour of the horse the man rode?

Thring. I take the horse to be either a black or a brown; the hair was very thin upon his tail, and he was low in flesh.

Q. from prisoner. Whether you think I was the man that robbed your mistress?

Thring. I cannot say; all that I know is, that he was a black.

Prisoner's defence.

There are a thousand black men in London besides me: last Monday se'nnight I went to see a serjeant's sister that lives at the Three Conies in Rumford road; when I had rode over the stones, and cantered about half a mile, I found my horse would not perform his journey; I turned back again, and got to a house in King-street, Westminster; I got there about ten minutes after five, and gave my horse a feed of corn, and in about half an hour or three quarters after, I went for Chelsea; I have been in England six years.

Guilty . Death .

173. (M.) John Cape was indicted for stealing two woollen blankets, value 6 s. and one linen sheet, value 1 s. the property of Archibald Cluth , in a certain lodging room lett by contract , &c. Feb. 12 . *

Archibald Cluth . I live at Lower East Smithfield ; the prisoner and I agreed for him to pay me a shilling a week for his bed; he was not to have the whole room, there was another man lay in the room sometimes; the prisoner continued with me between two and three months; he went away last Saturday, and carried away two of the blankets and one sheet from that bed; we took him up last Monday, and before the Justice when we charged him, he told us he had sold them to one Bourn, and took us to him; these we had them again, only one of the blankets was changed.

Isabella Cluth his wife, and Isabella Frazer the servant, both confirmed the evidence given by the prosecutor.

The prisoner said nothing in his defence.

Guilty 10 d. W .

174. (M.) Hannah Williams , spinster , was indicted for stealing a silk cardinal, value 12 s. a linen apron, value 2 s. 6 d. and two linen handkerchiefs, value 2 s. the property of Elizabeth Allen , spinster , Feb. 14

Elizabeth Allen . I came from Scotland lately; I had been out of place, and I went to be at Mr. Anderson's at Execution-dock, Wapping. On Saturday last, in the evening, I left my things mentioned in the indictment, and went out a little way, and when I came back they were gone; I went and enquired about, and at Mr. Thompson's, a pawnbroker, I found them; when I was at his shop the prisoner came in; he said, that is the woman that brought them here; the things were produced in her presence; she seemed to deny the pawning of them, but he was positive to her.

Mr. Thompson. I am a pawnbroker; I took in a silk cardinal, a linen apron, and two linen handkerchiefs of the prisoner at the bar, on Saturday last; she wanted half a guinea on the cloak; I said, I could not let her have half a guinea upon that; then she produced the other things, and I let her have half a guinea upon them; the Monday following, Mrs. Allen came and asked me, if I had a sattin cardinal in the name of Christian Jackson , I think that was the name; I told her, I had no such name upon my book; she then described the things; I said, I thought I had such; I shewed them to her; she said they were her property; we took the prisoner and things before the Justice; the things were delivered to William Beech , the constable.

William Beech . I am constable; these are things that were delivered to me before the Justice; (producing the things mentioned in the indictment, deposed to by prosecutrix.)

Thompson. On the Wednesday morning Mrs. Allen came to my shop a second time; while we were talking the prisoner came in, and I said, this is the woman that brought the things to me.

Mrs. Anderson. I keep a public-house at Execution-dock; Mrs. Allen lodged at my house; the prisoner was at my house last Saturday, about four o'clock; she called for a pint of twopenny, but I know nothing of her taking the things; she was there about an hour and a half, but never sat down, but walked backwards and forwards; there was a man along with her. there was no woman came in but she till the things were missing; we had a suspicion of either she or the man; the man we did not know.

Mary Marso . I live at Mrs. Anderson's; I remember seeing the prisoner at our house that afternoon, about four o'clock; she drank a pint of beer with a waterman.

Prisoner's defence.

I was taken at a nonplus; I leave it to your Lordship, and the gentlemen of the Jury; I am innocent

Guilty . T .

175 (M.) Jane, wife of William Spencer , was indicted for stealing a linen apron, value 2 s. and six guineas and a half , the property of Stephen Gallell . Feb 12 . ||

Stephen Gallell . I am a shoemaker , and live in Cold Bath Fields ; I had lost money at divers times, to the amount of about 12 guineas, out of my chest of drawers; the prisoner was my servant ; the week before last I lost between 6 and 7 l. six guineas I'll swear to; yesterday was a week I took all my money out, only six guineas, in order that I might find out who was the thief; I left five guineas and two half guineas; after which I went out, and when I came back, one of the half guineas were gone. I asked my wife if she had been at the drawer to take money out; she said she had not; my mother said, then call the apprentices, let all stand search. While I was about to send for a constable, the prisoner desired to speak with my wife; I went up stairs to my wife with her; she confessed to the taking the half guinea; I asked her to give it me; she said she had hid it below stairs in the kitchen, and if I would go down with her, she would give it me; we went down; she then pulled off her shoe, and took it out of her shoe, and gave it me; she confessed she had taken it that morning; then I asked her, if she had robbed me before, and told her how much money I had lost.

Q. Did you promise her forgiveness?

Gallell. No, not at all; I only said they should all stand search, and after the half guinea was found, I said if she would confess it, I should have the better opinion of her, and it might be better for the rest of my servants. My wife having lost an apron, looked, and found the prisoner had it on; the prisoner said it was her own; the prisoner declared she had taken no more; I said she should go before the Justice; then she declared she had taken two guineas, and fell on her knees and begged pardon, and said she would make recompence, if I would not take her before a magistrate; I said she should go; I was taking her before Justice Welch; as we were going there, she confessed she had taken six guineas besides the half guinea; we came back, and was going before Justice Girdler; then she wanted me to let her send for some of her friends before I took her before him; her friends would not come nigh her; then I took her before Justice Girdler; there she confessed the same, and had redeemed some of her things out of pawn with part of the money.

Anne Gallell . My husband missed money several times; the day before the prisoner was taken up, my husband put six guineas into the drawer, and went out, and when he came home again, there was half a guinea missing.

Q. Did you see him put it in?

A. Gallell. No, I was ill at the time.

Q. Who were in the room the time the money was in the drawer?

A. Gallell. Nobody but my mother, two of our apprentices, and the prisoner; my mother said, they must stand search; a constable was sent for; after that, the prisoner and my husband came up stairs to me; she owned before me to the taking the half guinea.

Q. Did she say how she got at the money?

A. Gallell. She said she got the key, which was hanging up in a different part of the room; my apron she had on at the time; (produced and deposed to) she confessed to the taking it clean out of the drawer, before she went out of the room.

Q. Did your husband promise her to be favourable, in case she would confess?

A. Gallell. My husband did say he would be favourable if she would confess the rest, after she had confessed to the half guinea.

John Fowler . I am the constable; as we were going to the Justice's, the prisoner confessed to me, she had taken a couple of guineas out of her master's drawer; I said, your master says he has lost more; then she said she had taken six guineas; she begged her master would give her leave to send for her friends; he took her home, and she sent for her friends, and they did not come; then we took her to Justice Girdler.

Q. Was any thing said to her to prevail with her to confess?

Fowler. No, not as I heard.

Prisoner's defence.

When the half guinea was found upon me, my master told me if I would confess any more, he would clear me directly; then I owned to six guineas.

The prosecutor, his wife, and his mother being all asked. declared there was no pro of savour made the prisoner, till after the half guinea was found.

Q. to prosecutor. What was done with the key of the drawer when it was locked?

Prosecutor. The key generally hung up in the room where the drawers are, it being more handy for my wife; I did not know that any body in the house besides knew of it.

Guilty . T .

176. (L.) John Owen was indicted for stealing a hand saw, value 3 s. the property of William Bowlder , Feb. 16 . +

William Bowlder . I am a carpenter , and live in Black-friars; I lost a hand saw last Monday; being informed of it, I went out, and overtook the prisoner on Ludgate-hill. with it upon him; (produced and deposed to) he said before Sir Matthew Brakiston , that he found it at my door.

Prisoner's defence.

I found it at a distance from his door. I am an harness-maker by trade.

Guilty . T .

177. (L.) Jane, wife of Daniel Mardell , was indicted for stealing one muslin apron, value 4 s. one linen apron, value 2 s. two silver tea-spoons, value 4 s. the property of Joseph Wood . Feb. 2 . +

Elizabeth Wood . I am wife to Joseph Wood ; the prisoner lodged at our house; the things mentioned in the indictment were missing, (mentioning them by name) there was nobody else in the house that could take them: I asked her where they were; she said they were very safe, and took me to Mr. Quince's, where some of them were, and some of them she told me were at the corner of Woodstreet.

Q. Did you tell her you would redeem them?

E Wood. I said nothing to her about that.

Prisoner. I told her she should have them between the Monday and Saturday, and she told me she would not hurt a hair of my head.

Q. to prosecutrix. Did you tell the prisoner as she has mentioned?

Prosecutrix. She told me if I would stay a month, I should have them all put in their places; her husband is a very honest man; he gets half a guinea a week for turning a wheel for a polisher; they have lodged in my house but about a month, he lodges there now.

Acquitted .

178. (L.) John Bowditch was indicted for stealing 567 pieces of leather, cut out for upper-leathers for men's shoes, value 6 l. the property of Henry Sterry , William Newman , Benjamin Horn , and John Squires , Jan 17 . ++

William Newman . I live on Snow-hill, I am a currier and leather-cutter Henry Sterry , Benjamin Horn, John Squires and I are partners ; the prisoner was our porter ; we missed the leather mentioned on the 17th of January. On the beginning of January I was applied to in the leather-market at Leadenhall, by one of our own buisness to know whether we apprehended our men were honest; I told him I hoped so, I desired to know his reason for asking; he told me, he heard a man was seen to sell leather about in Essex, that was suspected not to be honestly come by, and shewed me some part of those goods, which he said a shoemaker at Woodford had bought, which he suspected were not honestly come by; he said, he told the person he suspected they came from our shop; after that, he brought a pair of upper leathers; I looked at them, and sent word I would come down to Woodford and look at the rest; or if the shoemaker chose to come to London, I should be glad to see him; he came to London, and told me the man he bought them of was a shoemaker, or rather a shoe-mender, and lived at Mileend; I went to Mile end, and found the man out, and told him my business; he said he had been employed by a man, to sell some leather for a man; he and Mr. Mead the shoemaker at Woodford came with me home; then we set all our porters in a row, for him to pick out the man he had the leather of, and he pitched upon the prisoner.

Q. What is that man's name that lives at Mileend?

Newman. His name is William Taylor ; I then got a warrant to search the prisoner's lodgings; there we found eight pair of upper-leathers; ( produced and deposed to) six pieces go to a pair.

Q. What do you know them by?

Newman. Here is my own mark, which I put upon the skins before they were cut out.

Q. What are these worth?

Newman. They are worth about 10 s. we apprehended the prisoner the same day; he confessed the taking of them.

Q. Had you given him any intimation of favour?

Newman. No, there was nothing of that sort.

William Taylor . I am a shoemaker by trade, but make very few new shoes now, I am what you may call a translator, or cobler; the prisoner came to me some time before last Christmas.

Q. Did you know him before?

Taylor. I knew him three or four years, but had not seen him for twelve months before.

Q. In what way was he when you knew him?

Taylor. He was at a tallow-chandler's; when he came, we went and had a pot of beer together; he asked; me I was acquainted with any shoemakers in the, I said, yes, he had got a quantity of upper-leathers, and it I him to some customers, he would give me half a crown a day, and pay my Accordingly I went with him to several masters that for; after this. Mr. Newman came to me, and asked me if I knew such a gentlemen at Woodford as Mr. Mead, and if I had ever sold any leather to him; I said, yes, twice; he asked me how much I sold him; I knew the first quantity, but not the last; he said he had been rob bed, and desired I would go with him, and shew him which of his men it was; I went with him, he brought some porters, and put them in a row, and I pitched upon the prisoner.

Q. Did the prisoner tell you who he had the leather from?

Taylor. No, he did not; I was with him before the Justice, there he confessed he took the leather for a support to his family.

Q. Did he pay you the half crown a day?

Taylor. Yes, he did, all but one day; then he gave me only 2 s. because the goods were not all sold that he brought out.

Prisoner's defence.

I am sorry I have abused such good masters as they have been to me, in so bad a manner; they were very kind to me. I was tempted to commit this wicked act, to support my wife and four young children, at the time of her lying in, she had a very bad time, and my wages but 11 s. a week, would not buy sufficient necessaries to support six of us these dear times; I hope there is nothing but the greatest distress could have tempted me to use the best friends I had, in the manner I have done; and as it is my first offence, for the sake of my poor wife and dear helpless children, I humbly beg the mercy of the court; and if I should be so happy as to get my liberty again, I will always endeavour to provide for my poor family in an honest way.

Q. to Newman. Do you think the prisoner has made a common practice of taking things?

Newman. It is impossible for me to know that, in an open shop as ours is.

To his character.

John Beal . I have known the prisoner four years; I always looked upon him to be a very honest man.

Job White. I have known him twelve years; I never heard any ill of him in my life before this.

Guilty . B .

179. (L.) Christopher Lare was indicted for stealing four quartern leaves of wheaten bread, value 2s. 8 d. property of David Taylor , Feb 9 . ++

Thomas Smith . I am an hostler at the Spread Eagle in Gracechurch-street; last Monday was night I was in Fleet-street , and saw the prisoner coming along, and a journeyman baker set his basket down at a silversmith's shop in the street, and left it; the prisoner walked backwards and forwards; at last he went and took four loaves out, and walked gently away. I followed him cross the way. I stopt him before he got two hundred yards, and said, where are you going with this bread; said he, I am going to serve my customers; very well said I, you had better come back to the baker, and he will give you intelligence where to carry them; he would not come back; I said, the first customer you go to, I'll charge you; when he got to the upper end of Chancery-lane, he went thro' some courts that I did not know; said I, I'll get at the first baker's shop a man to go along with you, because I know you are a very bad man; upon that he set out a running with the four quartern loaves under his arm; I cried, stop thief; nobody stopt him, till a baker's man stopt him in Red-lion-square; we brought him back to the place where he took the bread, then to Guildhall; there was a baker said he had lost four quartern loaves, he lives in Clare-market.

Robert Steel . I am servant to Mr. David Taylor in Clare-market. On Monday was se'nnight I carried bread out, and left my basket at the corner of a silversmith's shop the corner of Salisbury-court, Fleet-street; I went to serve some customers, so did not see the bread taken; but I have heard the prisoner say since, he took four quartern loaves out of a basket that stood at that place: I counted my bread when I went into Shoe-lane, and when I came back again, and I missed four quartern loaves.

Q. What reason did the prisoner give for taking them?

Steel. The reason he gave was, that he wanted both bread and money.

Prisoner's defence.

It was mere necessity; I had had neither victuals nor drink for two days, and had no money to pay for my lodging; I am a baker by trade.

Guilty 10 d. T .

180. (L.) William Sheele was indicted, together with William Martin not in custody, for stealing a silk cloak called a cardinal, value 12 s. the property of Timothy James , Jan. 29 . ++

Timothy James . I am a shoemaker , and live in Barbican ; my wife is a milliner; we carry on our business in the same house; she missed cardinal on the 29 th of January, I was not at home at the time; after it was taken, one John Clark came the very night and asked me if I had no lost such a thing. I went with him to Clerkenwell, there we searched a room where was two girls; Mary Parsons the evidence was one of them, we found a bundle; I untied it, and in it found the cardinal; we asked Parsons where she had it; she said she did not know any thing about it; at last she said one William Skeele brought it there; that his partner, William Martin and he, set it at 4 s. and she gave 2 s. for it; I went home and fetched the young woman that made the croak. she said it was my property; after that we took the prisoner, the other ran down stairs, but was stopt and brought back; the prisoner said he found the cardinal in Barbican, or something like it; we took them both to Bridewell that night, and before the Justice the next day, there they both said they found it.

Mary Baldwin . This cardinal (holding one in her hand) is Mr. James's property, I made it; I was setting in the parlour with Mrs. James, at the time a pane of glass was broke in the shop window, on the 29th of January; we went out to see what was the matter, but could see nobody; then we went to see if any thing was lost, and missed nothing; but the next morning the uncle to one of the boys came, he asked if we had lost any thing; we said no; then he asked if we had lost a black silk cardinal; then we looked and missed it; then he said to Mr. James, if you will promise to prosecute, I can help you to it; he said, he had just saved his kinsman from being concerned with the other two; Mr. James went with him, and he came back about twelve, and said, I must go and look at a cloak that they had found, and see if I kn ew it. I went with him to Red-bull-yard, St. John's-street, there were two girls that they kept; one of them is called Martin's wife; I saw the cardinal, and proved it to be Mr. James's property: while we were talking about it, we heard somebody coming up stairs; Mr. Clark said they are coming, put the door too; they came up, the prisoner was first apprehended; Martin ran down stairs, but was soon apprehended and brought up: they were taken before Justice Girdler, he admitted the girl an evidence.

Mary Parsons . I lodge with William Skeele and William Martin : they brought a black silk cardinal in one night, tied up in a red handkerchief, and said they found it; Martin gave Skeele 2 s for his part, and gave the cardinal to me.

William Dickerson . I was with Martin and Skeele on the 29th of January; I was to have broke the window, only my aunt came by and catched me; we were all of us together in a room after that, and I asked them if they had got the cardinal, and they said they had.

Prisoner's defence.

We found the cardinal in Barbican; Martin gave me 2 s. for it, and gave it to Mary Parsons .

Q. to Baldwin. Where was the cardinal taken from?

Mary Baldwin. It was taken from off a line on the inside the window, just by the broken pans.

To his character.

Mrs. Cooper. I live at the Peacock in Whitecross-street; I have known the prisoner from his birth, I never heard a bad character of him till now.

John Dosset . I am a shoemaker, and live in Seacoal-lane; I have known him ever since he was born, he is an industrious honest lad as ever I knew, and can get a great deal of money at his business, he works with his father.

Q. How old is he?

Dosset. He is eighteen years of age.

Roger Tippet . I have known him about nine years, he was always a very careful lad, and behaved very honest and civil.

Elizabeth Cox . I go out a ironing; I have known the prisoner seven or eight years or upwards, I never heard no ill of him in my life.

Mary Cook . I have known him seven or eight years, I never knew any thing amiss of him.

Guilty . T .

See Dickerson (or properly Dickson) an evidence against Martin, No 146. in the first part.

181. (L.) Thomas Williams was indicted for stealing a silk handkerchief, value 10 d. and a linen handkerchief, value 10 d. the property of Thomas Ewing , Jan. 29 . ++

Thomas Ewing . I live in Milk-street ; on the 29th of January, the prisoner came between me and the shop window; I saw him put his hand in my pocket, upon which I seized him by the sleeve; he had the dexterity to whip out my two handkerchiefs, I had two in my pocket; one I saw in his hand, at least the linen one; I know that was uppermost in my pocket; I did not get that again, but the other I have; I held him, and brought him into a public-house; he desired to be searched, this was near the Compter; he was searched, and nothing found upon him; upon this he threatned me with a writ, to sue me for damage; there seemed to be a number of accomplices about him; upon this the next witness, who had seen the prisoner throw down the handkerchief, went and found it, and came and brought it in, it was the silk one; I said, don't show it me till I describe it, which I did, then he delivered it (produced and deposed to).

Frederick Heaton . I am a shoemaker, I was at work in the shop; I heard this gentleman say, you have picked my pocket. I turned the corner, and saw him and a man close together; he had hold of the man facing the Dolphin door, it was dark; I am very confident a handkerchief came from one of them, and as there was a contest at the Dolphin door, I took a candle out of the shop, and went and found this ( silk handkerchief,) and brought it to the prosecutor.

Prisoner's defence.

I was going down Milk street, two young fellows ran by me as hard as they could run; the gentleman laid hold of me and said, you have picked my pocket; I said you are vastly mistaken in the man, you are welcome to search me; I pulled off my things; this gentleman went out, and brings in a candle and the handkerchief; the gentleman said, can you swear you saw this man take the handkerchief; no, said he, I cannot.

Guilty . T .

182. (L.) Susanna Hatfield widow , was indicted for stealing a gold ring, value 10 s. the property of Philip Rooker , Feb. 5 . ||

Elizabeth Rooker . I am wife of Philip Rooker , he is a goldsmith ; we live in Bishopsgate-street, near Spital-square ; yesterday was fortnight the prisoner came into our shop, and asked to look at a light gold ring; we generally keep them on a board, with velvet over them, upon hooks, by that means we can presently perceive if any are missing. I laid down the board upon the work-board, by the side of the counter, and only brought two light rings to her, which she tried on; she desired I would weigh them, and tell her the price, they were much of a weight; she agreed to give me 8 s. for one of them; after that she said, Madam, I should be obliged to you to let me look at that ring that hangs on the corner hook, that was a heavier ring; she tried it, and said it was too heavy, I think the other will do very well: she reached cross the counter, and put a ring on the hook that came from; she said she would go over the way to the alehouse, and give me the money for the ring she agreed for: as she went out of the shop, I took the ring which she put on the hook, and found she had changed mine for a brass one; she was got two or three doors off; I ran after her, and got hold of her, and said, good woman, you have taken my ring away, and put a brass one in its place. I brought her back, and pushed her into the shop; by that time my sister came into the shop; the prisoner clapt her hand upon the counter; my sister can inform the court what she saw at the time; (the brass ring and gold one produced in court.)

Q. Was there a brass ring on that or any of the hooks before she came in?

E. Rooker. No, there was not; my husband came home, then she was taken to the Compter.

Elizabeth Rooker, spinster. I live with my brother that keeps this shop; I hearing my sister go out of the shop, came into the shop to see what was the matter; I heard a woman had been in to cheapen a gold ring, and had taken one away, and left a brass one: my sister brought the prisoner in; I saw the prisoner lay her hand down on the corner of the counter, and when she took it up again, I saw a gold ring lying, which proved to be the ring that was missing.

E. Rooker. There was no ring on the counter when she went out of the shop; I had only taken two rings from the board, and they were on my finger; that brass ring was one more than our number.

Prisoner's defence.

I never touched the ring, I know nothing of it.

Guilty . T .

183. (L.) John Coward was indicted for stealing one woollen cloth surtout coat, value 21 s. the property of Nathaniel Powel , Jan. 21 . +


184. (L.) John Martin Hines was indicted for stealing seven pounds weight of tobacco, value 3 s. 6 d. the property of William Anderson , Feb. 18 . +

Guilty 10 . T .

185, 186. (L.) Thomas Zechariah Miller and William Green , were indicted for stealing a linen handkerchief, value 6 d. the property of John Dent , Jan. 30 . ||

John Dent . I am the city butler ; I and Mr. Lane were coming through Aldgate about eight o'clock, the 30th of January, at night; I saw the two prisoners together just behind me; I had lost three handkerchiefs before, which made me more careful; I put my hand in my pocket to prevent their taking my handkerchief out, and I found it was gone. I was very certain it must go at that time, because I had used it about two or three minutes before; I turned round and took hold of them both, and said they had taken my handkerchief; they both denied it; while they were denying it, a woman picked it up in the highway and gave it to me, I have never seen her since; we took them into a shop, and in about five minutes time they both confest they had taken it; Green said, Miller took it out and gave it to him, and therefore we could not hurt him for it; after that they both owned it, and said they never did such a thing before, and would not no more.

Q. Was any thing said to induce them to acknowledge it?

Dent. No, there was not.

William Lane confirmed the evidence given by prosecutor, being with him at the time.

William Robins . I am turned of fourteen years of age, I saw the two prisoners standing by Mr. Dent; I saw Miller put his hand into his pocket and take but a handkerchief, and give it to Green. I live with Mr. Stevens a watchmaker, in Whitechapel; after that I saw Green drop the handkerchief, and gave a wrench out of Mr. Dent's hand, and run away down Houndsditch; after that I heard Green say he should be cleared, for he did not take it, Miller took it; after that Green was brought back, and carried to Mr. Lane's the poulterer's shop; there they both confessed: Green said Miller took the handkerchief but of the gentleman's pocket, and Miller owned he did.

Q. Was there any promise of forgiveness, on condition of their confessing?

Robins. Mr. Lane or Mr. Dent said before my Lord-Mayor, that if they would make any discovery of their gang, they would pardon Green, but not for this offence; I heard nothing said to them before they took the handkerchief.

Miller's defence.

I was walking along; I happened to touch this gentleman; he catched hold of me, and said I had taken his handkerchief; I never touched it.

Green's defence.

I had been out all day with this boy (meaning Miller) the man was walking by the side of me; he said hold of me, and said he had lost his handkerchief.

Both guilty . T .

187. (L.) William Thompson Gilliard was indicted for stealing five guineas , the property of James Walker , Feb. 5 . ++

James Walker . I keep the Rose and Crown, and Goose and Gridiron in St. Paul's church-yard ; I have known the prisoner from last Tuesday was a a fortnight, and no longer; he had been at my house before, as I understood by some of my customers; he appeared decent and very genteel, and said he was private secretary to my Lord Shelburne; I had given him credit from time to time; the first time he came in a coach with a lodger of mine; yesterday fortnight he came, and called me up stairs, and said he would pay me my bill, and wanted me to propose him to be made a free mason, in the society at my house, which is held every first and third Thursday in the month; (he used to tell what passed in the house of Lords.) I went up stairs with him to the next room to the lodge-room, upon the same floor; he asked me to give him two half guineas for a guinea; (it is a general rule to deposit half a guinea when a mason is made) I pulled out my purse, there might be 30 or 40 guineas in it; I put it on the table; the master of the lodge immediately called; the prisoner had given me his guinea; I in a hurry took up part of my money, but I left some upon the table; I can safely say there were five guineas left; I went that moment into the mason's room, I had not time to take it all up; (I had put it down in order to look out two half guineas for his guinea) I was not absent I believe a minute, nor two I am sure; and when I came back, the prisoner and money was gone; I went down stairs immediately; he was got into the bar, in order to take his great coat, as I apprehend since; (he went then by the name of Thompson) I said, Mr. Thompson, did you take any money off the table; he said, yes, I did take five guineas; I said, what did you take it off the table for; he said, I took it only to secure it, as you was gone; he bell rang again, and I ran up stairs; I don't suppose I was absent three minutes, and when I came down again, he was gone with his great coat; that night I took some friends with me and pursued him; I understood he used the night houses about Covent-garden; I dare say I spent more than 10 l in looking for him; I had been there every night; I had mentioned him to a gentleman that knew him, and I found he was a person of very bad character; last Saturday night a person came and said, run out, Walker, he is just gone by; I ran out, and found him in an earthen-ware shop, cheapening some things; when he came out of the shop, I laid hold of him, and said, Mr. Thompson, I want to speak with you; said he, I am in a violent hurry now; I said, I must speak with you; I am in a violent hurry, said he again; I said, I take you up as a thief, you stole my money in my house; said he, what, for them few guineas; go with me into Queen-street, Cheapside, and I'll give you security for your money; I said, no, you shall never be discharged till you come to the Old-Bailey; I took him into my house, and kept him there till I had time to send for an acquaintance to assist me with him to the Compter; when I took him out of the house to go to the Compter, he offered to give me a note of hand for the money; but going along, when he found I had got an officer to take him to the Compter, he swore he would make it a dear taking up, as ever I paid in my life; this was as we were near the pump in St. Paul's church-yard; he said, you villain, did you not give me that five guineas for b - g me; I got him in at the Nag's Head in Cheapside; he went down on his knees, and swore I had served him in that way, and had given him a bad disorder; and this he told the people when we got him into the Compter.

Cross examination.

Q. Was there nobody in the room but the prisoner when you went into the mason's room?

Walker. No, there was not; there was nobody near him but the tyler, that was obliged to stand at the door.

Q. Do you think he took this money from the table in order to secure it for you?

Walker. He could not pretend any thing of that, though he told me so below.

Q. Was all the money gone that you left upon the table?

Walker. It was, there was not a single piece left.

Q. Did you never talk of bringing a writ against him for the recovery of the money?

Walker, No, not for this; I did for a debt that he owed me; I had lent him half a guinea, and hired a horse for him, and he had run some in liquor; the debt was about 53 s.

Q. In what manner did he come the first time you saw him?

Walker. That night he came in a coach; Mr. Gill that lodges at my house brought about three in the morning; Mr. Gill requested he might have a bed at my house that night; I had all my beds full, as all the Chester traders come to my house; I had no bed empty; I said he might lie with me, as I should be up in about two hours time; so he lay with me; I got up in about two hours after; I think he said he had been knocked down in Covent-garden; in the morning, about eight, he had a bason of tea carried up, and about ten he desired a dish of coffee.

John Gill . I was bred to the sea, and lodge at Mr. Walker's; I have known the prisoner about seven weeks; he came once to Mr. Walker's, and sat opposite to me, I had a suit of uniform on; it came up in conversation about Capt. Thornhill *; he said he had been making interest for him to Lord Shelburne; he asked me if I was in any employ; I said, not at present, but I expected I should soon; he said it was a pity such a young fellow should be out of employ, and proposed he could do something for me; after that, one night he came home with me to Mr. Walker's, in a coach from Covent-garden; he wanted to borrow half a crown of me; he said he had been abused and struck by a person there; he pretended he could not get in at his lodging, so he came home with me; I went to Mr. Walker, and said, here is such a gentleman, I beg you will let him have a bed here; he said he could let him have no other than to lie with him, and he should be up in an hour or two, so he went to bed; the next morning when he came down stairs, he told Mr. Walker he was going to petition Lord Shelburn on my behalf, and said he would be proposed a mason; I went out, and came home at eleven o'clock, and Mr. Walker told me, that gentleman has stole five guineas from me that you recommended; then I went to Lord Shelburne's to enquire after him, but could hear of no such person there.

* Capt. Thornhill, capitally convicted in December Sessions. See No. 42.

William Oliver . I am an officer belonging to the Marshalsea court; I went to Mr. Walker's house to-morrow will be a week at night; there was the prisoner there; Mr. Walker said, I sent for you, for this is the fellow that robbed me of five guineas; then I said, charge him as a thief; said he, I do; he had the prisoner by the collar; the prisoner wanted sadly to get from him at the door; the prisoner said, don't lead me in this manner, charge me as a gentleman; Mr. Walker said, you know you took the five guineas; the prisoner said, I know that; just as we came to the pump in St. Paul's church-yard, said he, do you know, Mr. Walker, what you have done; yes, said Mr. Walker, I have done justice, as every man ought to do. Ah! said the prisoner, no, you have not; do you know what you gave me the five guineas for; said Mr. Walker, I gave you none at all: the prisoner clapped his hands together, and said, (turning to me) he gave me this five guineas for b - g me; and to make you more satisfied it was so, I will make it appear before surgeon Sharpe; said I, this is very hard to say this against a man of such credit; the mob rose about us; the prisoner desired to go in at the trunk-maker's; we went in till the mob dispersed; after that, who should come but Mr. Pain; said I to Mr. Pain, I think you have a right to take charge of this man; said he, I had rather not, but am willing to aid and assist, for I have heard what he has said all the way you came, for I kept close behind you; we went from there, then the prisoner begged to go into the Nag's Head; there be made use of such expressions as was a shame to mention; he said he would send for surgeon Sharpe, but he would not, nor did not; he acknowledged the taking the five guineas, and said he would give a note or satisfaction if we would go to the bottom of Queen-street, Cheapside.

Q. Can you swear to these words, that the prisoner said he took the money?

Oliver. Yes, I can.

Prisoner's defence.

I went to Mr. Walker's house on Thursday the 5th instant; he took me up stairs; I told him there in the room, I had not money then to be made a mason, what I had was but 3 s. 6 d. The reply to me was, he would lend me any money that I wanted, and pulled out a sum of money from his pocket, and offered me five guineas into my hand; said he, I will make you a present of this money, if you will not mention the case that was when you lay with me at five o'clock in the morning; after this, I told him I would not accept of that sum of money upon any such terms, but if he would lend me the sum of five guineas, I would be much obliged to him, and pay him very honestly; upon this, he consented and lent it me; I took a guinea out of them, and desired two half guineas; he took it and gave me two half guineas, and then took one of the half guineas and went into the lodge-room to propose me as a mason; after he had been into the club-room, he came out to me, and told me he had proposed me; he went down stairs with me; there I staid some time in the bar, and then told him I could not stay any longer; I wished him a good night, and went away.

To his character.

John Taylor . I have known the prisoner about two years; all that I could ever understand of him he was very honest; he lived with my mistress, Mrs. Pollard, and went from her to Col. Naprer .

A gentleman present informed the court that this witness was not named Taylor, but John Jones , and that be then stood indicted in the Crown-office by that name.

Edward Jeffreys . I am a publican in Long acre, I have known the prisoner about nine months; the prisoner frequented my house when he first came to town.

Q. In what way of life has he been?

Jeffreys. He said he was by the way of a cook.

Council for the prosecution. As the prisoner has called to his character, I have a witness here that can give an account of the prisoner.

William Pain . I was subpoened by the prisoner to give evidence for him; I know not how it came about that I was not called. I have known him 20 years, his name is Swain; he served his time to a pastry-cook, at the bottom of Bell yard; I served my time in Bell-yard also. I happened to come by at the time the prosecutor had him in custody; when the money was spoke of, the prisoner offered to make Mr. Walker satisfaction, if he would go down to Queen-street with him; I asked Mr. Walker whether or no the prisoner took the money; I understood Mr. Walker said he saw him take it; I asked him over again; he said he knew he did take it before he went out of the house; I told the prisoner of it, and he owned to me that he had it. His character is a very bad one, it is that of a thief; I could point out particulars.

Guilty . T .

The prisoner was capitally convicted in Surry for a robbery about five years ago, and through friends obtained his Majesty's pardon.

William Collinson and Timothy Iredale , capitally convicted in January sessions, were executed on Tuesday the 17th of February.

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

Received sentence of Death, 3.

William Pattison , Benjamin Hudson , and Joseph Guy .

Transportation for 7 years, 33.

John Hewit , John Bottom , John Hasker , Elizabeth Pearn , Mary White , Sarah Matthews , John Lowe , Edward Wise , John Owen , Christopher Lare , William Skeele , Thomas Williams , Susanna Hatfield , John Martin Hines , Thomas Zechariah Miller , Matthew Green, William Thompson Gilliard , Joseph, otherwise Thomas Smith, Thomas Saville , Miles Reynolds , Sarah Hall, Frances Turner , John Stewart , Robert Stokes , Edward Sullinge , John Wilkinson , Richard Sullinge , Mary Mills , John Webber , Thomas Young , John Cape, Hannah Williams , and Jane Spencer .

Branded, 3.

John Pouting , John Bowditch , and Matthew Etheridge ; the latter to be imprisoned in Newgate six months.

Whipped, 4.

Henry Grimsdale, Samuel Jennings , Elizabeth Berridge , and Margaret Sutton .

William Collinson and Timothy Iredale , capitally convicted in January sessions, were executed on Tuesday the 17th of February.