Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 24 October 2014), July 1767 (17670715).

Old Bailey Proceedings, 15th July 1767.

THE WHOLE PROCEEDINGS ON THE KING's COMMISSIONS of the PEACE, OYER and TERMINER, and GOAL DELIVERY FOR THE CITY of LONDON; And also the GOAL DELIVERY FOR THE COUNTY of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 15th, Thursday the 16th, and Friday the 17th, of JULY.

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

NUMBER VI. PART I.

LONDON,

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

[Price Six-Pence.]

THE WHOLE PROCEEDINGS ON THE

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

Before the Right Hon. Sir ROBERT KITE , Knt. Lord-Mayor of the City of London; the Hon. Sir HENRY GOULD , Knt. one of the Justices of his Majesty's Court of Common Pleas *; the Hon. Sir RICHARD ASTON , Knt. one of the Justices of his Majesty's Court of King's Bench +; JAMES EYRE , Esq; Recorder ++; and others of his Majesty's Justices of Oyer and Terminer 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.

LONDON JURY.

John Chamin ,

Thomas Sharp ,

Samuel Margarum ,

Thomas Carter ,

William Broom ,

James Farmer ,

John Hawkins ,

William Corrock ,

George Ribright ,

Edward Winwood ,

Amos Avery ,

Edward Roberts .

MIDDLESEX JURY.

James Moss ,

Francis Sutton ,

John Robertson ,

James Lake ,

James Sheredine ,

George Juby ,

John Groom ,

John Treslove ,

John Russel ,

Samuel Harman ,

Thomas Powell ,

John Godfrey .

335. (L.) John Court was indicted for stealing a linen handkerchief, value 10 d. the property of William Benge , June 26 . ++

(The prisoner being a foreigner, an interpreter was sworn.)

William Benge . I am a messenger of the Navy-office . On the 26th of last month, about ten at night, coming out at the Post-office, Lombard-street , I felt something tug at my pocket; I turned about in about three or four yards going, and laid hold of the prisoner; (I was in a little crowd;) I said, I believe you have made free with my pocket; he said, me no understand English; he had his hand behind him; I pulled it forward; he had my handkerchief in his hand; I took him to the watch-house.

Prisoner's defence.

I found it under a coach.

Prosecutor. He had not time from the time I missed it to stoop, much less to take it from under a coach.

Guilty . T .

336. (M.) Anne Adams , otherwise Haydon , spinster , was indicted for stealing a pair of linen sheets, value 3 s. 6 d. and a flat iron, value 6 d. the property of George Cosser , in a certain lodging-room lett by contract , &c. May 28 . +

Anne Cosser . I am wife to George Cosser , we live in Great Earl-street, Seven-dials . On the 26th of May last, I lett a ready-furnished lodging for half a crown a week, it was a back garret; the things mentioned in the indictment were part of the furniture; she took the lodging on the Tuesday, and went away on the Wednesday se'nnight following; I missed the things mentioned two days after; I never saw none of her money; I never saw her after till I took her up; I found my flat iron and sheets again.

Mary Jones . I am servant to Mr. Lee, a pawnbroker, in Queen-street, Seven-dials; the prisoner pledged a sheet to me the 29th of May for 1 s.

Edward Harman . I am servant to Mrs. Gibson, a pawnbroker in King-street. The prisoner pledged a sheet and flat iron with me; (all produced in court.)

The prosecutrix deposed to the sheet produced by Mary Jones , and flat iron; the other she believed to be her property, but did not swear to it.

The prisoner said nothing in her defence.

Guilty 10 d. T .

337. (M) Mary Atkins , spinster , was indicted for stealing an iron snuff box, value one penny, and two quarter guineas, the property of Joseph Bevan , from Elizabeth his wife , privately , June 10. +

Elizabeth Bevan . I am wife to Joseph, he is a day-labouring man ; last Whitsun-Wednesday morning, I and my husband were at a public-house at Ashford all night, dancing there, fifteen of us in company; the prisoner was one of the company. About eleven or twelve in the night she asked me for a pinch of snuff; I took my two 5 s. 3 d. pieces out of an iron snuff-box, and gave her a pinch; I was going home some hours after in the morning, and wanting a pinch of snuff, I went to feel in my pocket, and missed my box with the two 5 s. 3 d. pieces, which I had put in the box again, and I know I had them two hours after she had taken a pinch of snuff. I went back to the alehouse, there was the prisoner; I charged her; she desired to be searched; the landlord found two 5 s. 3 d. pieces in her bosom in a piece of a pocket-handkerchief; she then said she took them out of a joke; after that she used me and my husband and the landlord very ill, and said she would prosecute us if we did not her.

Prisoner's defence.

I found them in the dancing-room, and took them up at two separate times.

Acquitted .

338. (M.) Richard Wykes was indicted for stealing twelve pounds weight of lead, value 12 d. and a large iron chain, value 18 d. the property of persons unknown, May 27 . +

John Moore . I am a paviour. On the 27th of May, about six in the morning, I was at work in Pear-tree-street, I saw the prisoner coming along; I said, I believe you are going on the same game you used to do; (he had worked for me, but did not behave well so I discharged him;) he turned round very short and went off; he had a bag with something in it; I followed him; he turned and looked at me, then he went another way; I still followed at a distance; at last he ran into a little house in Goswell-street; it is a chandler's shop. and they sell old iron; he soon came out into the street again; I pushed into the house; he had set his bag behind the door; I took it; there was the lead and chain mentioned in the indictment, in it; (produced in court;) he ran up Compton-street; I having the things, could not run after him; the lead is cock pipe; I advertised it; after he was taken, he told me he had it out of Cherry-tree-alley, Blue-anchor-alley, and Chequer-alley; I went and enquired in the places, the people would not trouble themselves about it; he said he found the chain in the fields.

Q. Did he say he bought the lead?

Moore. No, he did not; he said two men were concerned in taking the lead; they were taken up; then he said they had no concern in it, and they were discharged.

Q. Did he say he stole it?

Moore. No, he said he had it in them places.

Prisoner's defence.

I found the things; they hauled words out of my mouth for me to bring these men in.

Acq.

339. (M.) Mary Calf , otherwise Bringhurst , was indicted for stealing eight guineas, the property of William Roberts , in the dwelling-house of the said William , June 11 . +

William Roberts . I keep a public-house , the Noah's Ark, Clerkenwell ; the prisoner was my servant ; she came on the 11th of June, and went away the Saturday following; she did not stay three days. I never knew her before.

Q. Had you a character with her?

Roberts. I had, by a woman that was with her when she was taken up; after she was gone, I missed about 17 or 18 l. but I swear to about half that sum; the morning she went away she came down, and while I was busy, she stood loitering; I said, she might find something to do; she grumbled, and still did nothing; my wife being ill, I desired her if she could, to get up and help; she came down, then the prisoner went away while I was in the cellar; after that, a neighbour came, and wanted change for a guinea; I sent my wife to get half a guinea out of the bag; she came and said, there is but one half guinea, and 10 or 12 s. in it; then we suspected the prisoner.

Q. Where was the bag kept?

Roberts. It was kept in the bureau locked up, that is in the back parlour below; we in general take the bag up stairs when we go to bed, but we did not that night; the money was missing in the morning; to the best of my knowledge we left it locked over night; we were suspicious of the prisoner; we searched about, and found her at the Stationer's Arms in St. John's street; I begged of her to give me an account of my money, and said I would be as favourable as I could, having money to pay the Saturday morning; there was an old woman with her; she and the prisoner called me all the rogues in the world; we took her in custody; the constable took her into another room, after that I was called in; then the prisoner confessed to me, she had taken two guineas and a half in gold, and a handful of silver; we took her before the Justice; there she confessed she took the money in the afternoon, when my wife went out; we found upon her a little brass thing, which I can swear to, which was in a pigeon hole by the money.

William Sheldon . I am constable for the upper liberty of St. John's-street. I was sent for on the 13th of June to the Stationers Arms; the prosecutor gave me charge of the prisoner, for robbing him; she had this bundle with her, (producing a pair of men's black stockings, a pair of women's purple ditto, some handkerchiefs, some silk, some cotton, and a silk hat;) there was an old woman with her; the prisoner said, she had robbed her master of two guineas and a half in gold, and a handful of silver, about 20 s. with which she had bought these things; I summed up the money she said each cost, and found they did not amount to the money; I asked her what was become of the rest of it; then she took out of her pocket a pair of gold ear-rings, a pair of new brass nut-crackers, half a guinea, and two six-pences, (one of them was copper ) which all together made up about three guineas and a half, within a trifle; she always denied taking any more.

Q. Did any body promise her favour if she would confess?

Sheldon. I heard the prosecutor many times promise her to be as favourable as he could.

Mrs. Roberts. I am wife to the prosecutor; I cannot particularly say what money there was in the bag, there was a good deal of silver and gold together; after the prisoner was gone, my husband sent me to the bag to fetch half a guinea, then I missed the money.

Q. Did you or your husband promise her any favour if she would confess?

Mrs. Roberts. My husband promised her, if she would return him five or six guineas, he would forgive her.

Prisoner's defence.

My master said he would let me go, if I would own I took some; so I thought I had better wrong my conscience than to be confined; my mother had the money by her with which I bought the things, she gave it me.

Prosecutor. She hired herself to me by the name of Mary Calf , and when we came before the Justice, she said her name was Mary Bringhurst .

Mary Clark . I am the prisoner's mother.

Q. Did you give your daughter money to buy these things here produced?

M. Clark. No, she had money in her box, she came and took it out; I cannot say how much there was of it.

Acquitted .

340. (M.) Elizabeth Doland , widow , was indicted for stealing seven linen shirts, value 20 s. one linen stock, value 2 s. one linen table-cloth, value 4 s. a pair of worsted stockings, value 2 s. and a silver table spoon, value 8 s. the property of Henry Wicksteed , June 5 *

Hen Wicksteed I make gold beater's skin ; the prisoner worked for me as a journeywoman ; I missed a silver table spoon in February last, but not knowing who to accuse, I took no notice of it. On the 4th of June there were some shirts missing, and on the 5th a general search was made; then there was six missing, and the other things; I suspected the prisoner; I went for a warrant; the Justice was out of the way; when I returned there was a seventh shirt missing; I then told her, she certainly was the person that robbed me; I took her up; after which she confessed to my brother who is here present, to give an account of it.

Thomas Wicksteed I am brother to the prosecutor; the prisoner acknowledged to me she had taken seven shirts, some stockings, a table-cloth, and stock, and told me where she had pawned them.

William Sharp , William Ward , and Anna Maria Clark , three pawnbrokers, to whom the prisoner directed the prosecutor, produced the table-spoon and shirts; the prosecutor deposed to the latter by the marks, and believed the spoon to be his property, (it not being marked) but the prisoner acknowledged it was his property, and said in her defence, the maid servant had told her it was usual to pawn things and release them again, and she gave her these things, and she pawned them.

Guilty . T .

341, 342. (M.) John Bagnell and John Fisher were indicted for stealing 17 yards of silk ribbon, value 4 s. the property of Mary Thompson and Jane Thompson , spinsters , June 26 . *

Mary Thompson . Jane Thompson , my sister, and I are partners; we keep a millener's shop in Lee-street, near Red-lion-square . Between seven and eight o'clock on Friday morning the 26th of June, the two prisoners came into our shop as we were going to hang out the shop. I was in the back parlour; they came under the pretence of buying garters; there was a little girl in the shop, about fourteen years and a half old, she told them we did not sell garters: Bagnell took up some ribbon, and gave it to Fisher, and said, brush it; they went off, but never ran till they had turned the corner; Fisher dropped one piece of ribbon in the shop, but took another away; I saw Fisher give the piece to Bagnell at the corner of the street.

James Smith . I live opposite the lady's shop; I saw the two boys go in on the 26th of June, and saw them very busy about the ribbons; I saw Fisher take something, I could not tell what; Bagnell came out first, and Fisher gave him something, and Bagnell put it under his coat; I went over, and told Mrs. Thompson the boys had robbed her; I pursued; they ran, and I after them, and took Fisher; he asked me what I wanted with him; I said, where is the boy you gave something to, the lady has lost some ribbon; I took him back, and Bagnell was brought back by another person.

Bagel's defence.

I am as innocent as the child unborn; I picked up some ribbon lying near the step of the door, I took it up and gave it the gentlewoman.

M. Thompson. He took up that piece that was dropped and gave it me.

Fisher's defence.

I know nothing of the affair; there were two other boys, but they did not belong to us.

Bagnell called Anne Newland of Broad St. Giles's, James Wallis of Long-lane, Smithfield, for whom he had worked; Robert Roberts , Jonathan Chapman , and George Gardener , who all gave him a good character.

Both guilty . Bagnell recommended . Fisher T . Bagnell B .

See Fisher an evidence against Harris, who was capitally convicted in May Sessions, No 222.

343 (M.) Jane Brown , otherwise Dellot , spinster , was indicted for stealing a cotton gown, value 5 s. a linen apron, value 1 s. and a silk hat, value 6 d. the property of Herbert Edward Gibson , July 6 . +

Mary Gibson . I am wife to Herbert Edward Gibson ; we live in Church-yard-alley, in the parish of Aldgate . I lost the things mentioned in the indictment a little after ten o'clock at night, the 6th instant, from out of my room; I had seen them within five minutes of the time I missed them; I went to a pawnbroker's the next morning, to desire if any of the things were brought to stop them; there I saw my hat lying in the window; I wanted to know what name it was brought in, and in the mean time the prisoner came in; the pawnbroker said she brought it; I desired him to stop her, which he did.

Thomas Beckford . I am apprentice to Mr. Forsell, a pawnbroker in East Smithfield; the prisoner had used our shop for about a month or six weeks.

Q. Did she come often with things?

Beckford. She has come several times, three or four times in a week.

Q. Have you many such customers come to your shop?

Beckford. We may have six or seven hundred in a week come to bring and fetch out things; she had had a hat in a little before, and she came and threw this hat on the counter, and asked for the other hat out; after that she brought a gown and apron, and wanted to pledge them; I lent her 6 s. upon them.

Q. What did you lend her upon the hat?

Beckford. She had had 4 d. upon the other hat, and she took that out, and left this for four-pence halfpenny.

Q. Did she tell you where she lived?

Beckford. She said she lived in Blue-anchor-yard, in lodgings.

Q. Do you book every thing?

Beckford. We do.

Q. Have you it here, I should be glad to see it; it would be a great curiosity. (The hat, gown, and apron produced in court, and deposed to by Mrs. Gibson.)

Prisoner's defence.

I never pawned things of my own but twice.

Guilty . T .

344. Thomas Lawrence was indicted for stealing a paste shirt breast-buckle set in silver, value 5 s. the property of William Mitchel , June 26 . +

William Mitchel . I have a stand at the Thistle and Crown in Piccadilly . I missed a paste breast-buckle out of my glass-case on the 26th of June, I had cleaned it about four o'clock that afternoon; the prisoner was out of place, and he lodged at the Thistle and Crown. I suspected him, and charged him with taking it; he confessed he had taken and pawned it at the corner of George's-court; he went with me there, where it was produced; I missed other things which are not laid in the indictment, and he confessed he he had taken and sold as many as fetched him 1 l. 14 s.

Joseph Fleming . I am servant to Mr. Murthwaite, a pawnbroker, at the corner of George's-court, Princess-street, near Leicester-fields; the prisoner came and said he wanted to buy a shirt-buckle; I shewed him a good many; he said there was none that he liked; then he shew'd me this, and said it cost him 7 s. saying it was very difficult to get into his shirt, and he wanted to change it: I bought it of him for 4 s. (produced and deposed to.)

Prisoner's defence.

I did take it and carry it to Mr. Fleming; I came from Manilla, and have been in England three years.

Guilty . T .

345. (M.) Thomas Aylesbury was indicted for stealing a guinea , the property of William Twining , July 7 *

William Twining . I live at Ealing ; my mother keeps a public-house, and I follow farming business; the prisoner is a young recruit, and was quartered in her house; he lay in the next room to me; my breeches were hanging up in my room with a guinea in the pocket, and he was the last person up stairs; he went away in the forenoon on the 7th of July; I pursued him, and overtook him on the other side Tyburn turnpike; I challenged him with taking the guinea; he denied it; I took him in at a public-house, and while we were drinking, he dropped a guinea into the quart pot out of his mouth; then he said, I should not have it, it was not mine, but I can swear to it by a black spot on it; (produced in court;) this is the same guinea that I lost; I described the spot on it after it was taken out of the pot, when in the man's hand that took it out; I was not sure on which side the spot was; he asked me on which side it was before I saw it; I said I believed on the tail side, but it was on the head side; there was a serjeant and two other recruits with him when I took him up.

Luke Shea . I am a serjeant; the prisoner and another recruit and I were coming to London; the prosecutor came on horseback, and said, that man does not belong to you, he belongs to me; said I, is he an apprentice; no, said he, he has robbed me of a guinea; the prisoner denied it; we took him in at the house of Mr. Green; I said to the prosecutor, be advised by the landlord; he and the landlord went out, and when they came in again, they drank to the prisoner; as the prisoner was drinking, I heard something tinkle in his mouth; presently I said, there is something in the pot that ought not to be in it; the prisoner said it is the guinea; directly I called the landlord to let us have a fresh tankard; we put the beer out into another tankard, and found the guinea at the bottom; the landlord said to me, do you keep it till you come to a Justice of the peace; I had no other gold about me but a quarter guinea, so I put it in my coat pocket among some silver and halfpence, and brought it to Justice Spinnage; the prosecutor was asked, if there was any mark upon it; he said there was a spot upon it, he thought it was on the tail side, but he did not know which; the prisoner had been in pay with me but thirteen days; I picked him up in the city of London.

John Green . The prosecutor and prisoner came into my house with the serjeant; the prosecutor told me he had lost a guinea, and he suspected the prisoner; while we were taking, the serjeant called to me, and said, look, landlord, here is a guinea in this pot, take it out; I desired him to put it in his pocket till it was decided, before a magistrate.

Prisoner's defence.

We were going down to Chatham; there were five or six brother recruits; I had a trifle of money that I had worked hard for; I took care that the others should not rob me of it; I took it out of my pocket, and asked the servant for change; I had a guinea in one hand and my hat in the other; I put the guinea in my mouth, and in drinking, it dropped out; they asked what it was, I said it was a guinea.

Q. to Shea. Did you hear the prisoner ask the servant for change?

Shea. No, I did not, and I was but about three feet from him.

The prisoner called his father, Bartholomew Beal , and John Hunt , who gave him a good character.

Guilty . T .

346. (M.) John Avery was indicted for stealing a linen sheet, value 5 s. two table silver spoons, value 10 s. and two silver tea-spoons, value 5 s. the property of Philip Gibson , June 20 . ++

Philip Gibson . I keep a public-house ; the prisoner came into my house on Friday night the 19th of June, and asked me if he could have a bed; he was told he might; he had some wine and water, and then went up stairs to bed, and came down the next morning about half an hour after nine. I asked him if he had paid for his lodging; he said he had; that was the first time I saw him; he went out of the, house; my wife being in bed, knocked against the partition; I sent my girl up; she told the girl there had been a man in a black coat in her room had taken the silver spoons; the girl came and told me; (the prisoner had laid in a two pair of stairs room, and I had left my room door open the stairs below when I came down;) we sent people after him, and the maid happened to meet with him, and brought him back in about ten minutes; then he wanted to go to the necessary house, we would not let him; then he wanted to go up stairs; I insisted upon searching him; as soon as I came in, we found a sheet which he had taken from the bed he lay on, wrapped round his body; he had delivered up the spoons just before I came in; then we went up stairs, and missed the sheet from the bed.

Mary Faulkner . I am servant to the prosecutor; when the spoons were missing we went to see for the prisoner, and I took him at a place called Cat's hole, and brought him back; when we would not let him go up stairs, he flung three of the spoons down at the foot of the stairs, and I took them up; the other spoon he gave me into my hand; (the sheet and spoons produced and deposed to)

Prisoner's defence.

I found these things in the corner of a necessary-house, where the girl came to me; she asked me to come back; I did, and being in a fright, I took the spoons out, and gave them to her; whether the things were their property I do not know.

Guilty . T .

347. (L) Richard Clark was indicted for stealing 24 pounds weight of beef, value 5 s. the property of William Waine , June 14 . ++

David Riddle . I was a watchman; I stopped the prisoner with a bag, in which were two pieces of beef, about a quarter after three o'clock in the morning on the 14th of June; he dropped a pick-lock key; I and my brother watchman took him to the watch-house, there he dropped under the bench two more. On the Monday morning I went to Leadenhall-market, to enquire who had lost any beef, and found the prosecutor, who had it delivered it to him before my Lord-Mayor. (The three keys produced in court, one of them bent like a book.)

William Waine . I am a butcher , and live in Leadenhall-market; I can only say the beef was my property; I was in bed when it was taken; I saw it again on the 15th before my Lord-Mayor; it was taken out of Mr. Gurney's shop; I pay him a shilling a week to hang my meat there.

James Boston . I am servant to the prosecutor; I hung the two pieces of beef up in Mr. Gurney's shop on the 13th of June, about eleven or twelve at night, and locked the shop-door; Mr. Gurney's man was at the shop on the Monday morning before me; I came soon after we missed the beef, and about eight or nine o'clock the beef was brought into the market by the watchman, and I knew it immediately; the prisoner said he found it in the market.

Prisoner's defence.

Is there any farther accusation laid to my charge, if there is, I will answer them all together. I had been as far as Billingsgate; coming back again, I I saw a small bag lying; I crossed over the way, and took it up, there was some dirt on it; I flung it on my back. Is there are any farther charge? (I would not affront the court, but as an Englishman I would plead my own cause.) As I was walking along, (it was a very fine morning) I was in the middle of the road, thinking no harm, something ran into my hand; I found it was a sort of a butcher's hook; I took and put it in my pocket; coming along at the end of Camomile-street, there came three watchmen; one of them said, what have you got there; said I, I cannot tell hardly; said he, then I'll see what it is, let me look at it directly; they collared me; one pushed me one way, another another, and as they were pushing me this hook dropped; they used some vulgar words, which I am not used to, and took me to the watch-house; there were several people in the watch-house, drinking strong beer; they discharged them; there the watchmen said they saw something drop; then another of them said, there is another butcher's hook. I said, gentlemen, I am quite unacquainted in your affairs, I will not give you any answer until I come before a superior court; they carried me before the Right Hon. the Lord-Mayor; I asked him whether I might speak, and like a wise magistrate, he said, speak what you have to say; I told him how I came by it; he said, good man, or honest man, (I will not be sure which) that will be of service to you when you come to the Old-Bailey; accordingly I made a reverential bow to him. Now, my Lord, I hope it will be no affront to the court, only just to speak a word or two, by your Lordship's good leave - A proper Englishman cannot be convicted, unless there are two sufficient witnesses to affect him; there is none, you see by your wise enquiry, can say I am guilty of the affair I stand accused of at this bar; I did wish I might fall under a wise and prudent judge, and a good, judicious, tender, conscientious and righteous jury, for I am really innocent of the thing; but I will take care never more to offend my King, my God, or my country; I am a silk-weaver, and live at the upper end of Whitecross-street. I never was in such an unfortunate place as this in my life before.

Guilty . T .

348. John Page was indicted, for that he, on the 25th of June , in the night time, the dwelling-house of Thomas Tomlinson did break and enter, and stealing a pair of silk stocking, three pair of worsted stockings, a pair of leather pumps, a napkin, a tin cannister, a penknife, a pewter medal, a leather bag, 2400 copper halfpence, and 200 copper farthings, the property of Thomas Tomlinson , in his dwelling-house . ++

Thomas Tomlinson . I keep a public-house in Petticoat-lane, the sign of the King of Prussia on horseback ; I bolted all the doors, and made all fast on the 25th of June, and went to bed, and when I got up the next morning, at about four o'clock, I found there were two panes of the window taken out on the back side of my house, which goes into Five Inkhorn-court, so that they, with some difficulty, could put an arm in and reach the bolt, and so take out the two pins; one was to get to the pin of the shutter, and the other to turn the screw of the casement; the shutter did not quite reach to the top of the window; the shutter had been taken down, so as to get in at the casement, but they had shut the casement, and put the shutter in its place again; I found my two doors open, one opens in the entry, and the other in the street; the drawer in my bar was broke; I missed upwards of 5 l. in halfpence, and a leather bag with upwards of 200 farthings, a new pair of pumps from a shelf in the bar-room, a pair of new silk stockings, three pair of worsted stockings, a napkin, a tin cannister, a penknife with a particular handle made of brass. On the 8th of this month a man came to me, and asked me if I had been robbed of a great many halfpence; I said I had; he said there was a man in Spitalfields watch-house that was suspected to be the man: I went there; the man told me he had found upon the prisoner 3 s. 7 d. a key and a penknife; the prisoner was by at the time he shewed me the penknife; I knew it to be mine; we took him before the sitting Justices in Whitechapel; there he owned before them he had robbed me, and that he did it himself; I asked him where the pumps and things were; he said they were in a box at his lodgings in George-yard, in Whitechapel parish, at the house of one Warner; the box was sent for, and brought locked; the constable that searched the prisoner had the key to it; the box was there opened, and in it were the stockings, pumps, tin cannister, pewter medal, (which was in the box where my money was, it was what I call a bad half-crown) and about 17 s. 6 d. in halfpence and farthings, and a leather purse; I can swear to the stockings, pumps, cannister, bad half-crown, leather purse, and penknife; the prisoner said he broke my house about two o'clock in the night. I said, you must have somebody to assist you; he said he had no body with him; he said he got in at the window, and the very bolt of my window we found in his box.

John Barwick . I was the officer of the night. On the 7th of this instant July was my watch-night; the prisoner was brought there; he was catched in a publican's room, where his servant lay; I had information brought me by the man where he lodged, that the prisoner had a good many halfpence in his box. I sent for Mr. Tomlinson, who came; I shewed him the penknife, and he swore to it; I found that and 3 s. 7 d. upon the prisoner; we took him to the bench of Justices in Whitechapel; there he owned he had got into Mr. Tomlinson's house, and took the things, and that they were in his box; the box was sent for; it was opened with the key which he had before owned to be his property; in the box was found the pumps, stockings, cannister, napkin, a bad half-crown, some halfpence, and the pin of my window.

Andrew Stonehouse . I was present when the prisoner was searched, and the penknife found in his pocket; and I heard him confess before the Justices, he had taken the things mentioned, and that they were in his box at Mr. Warner's where he lodged; I was sent for it, and I brought it locked; the things were found in it; (produced in court, and deposed to by the prosecutor.)

Prisoner's defence.

The prosecutor said, if I would tell him where the things were, he would set me at liberty; a man was running, and he dropped a bag with these things in it; I picked it up, and carried it home; I am a weaver, and came from Norwich, I have been in London but about six or eight weeks.

Q. to prosecutor. Did you promise the prisoner as he has mentioned?

Prosecutor. No, I never said such a word to him.

Constable. There was no such promise made him in my hearing.

Guilty . Death .

349. (L.) Joseph Sleath was indicted for stealing a silk handkerchief, value 12 d. the property of John Robinson , June 21 . +

John Robinson . On Sunday the 21st of June, about nine at night, I was upon Snow-hill ; a nephew of mine who was walking behind me, told me a man had picked my pocket of my handkerchief.

Q. from prisoner. Did you not at that time see a man run past you as hard as he could?

Robinson. No, I did not; there were about seven or eight people passing and repassing.

William Turner . My uncle the prosecutor, and another gentleman, were walking together; I was just behind them; I saw the prisoner take my uncle's handkerchief out of his pocket; I took hold of him by the collar; there was another fellow with him behind, he went away directly; the prisoner put his hand behind him when I collared him, and immediately I saw the handkerchief on the ground, but did not see it fall; then I spoke to my uncle; we were taking the prisoner up the hill, he got away and ran, and I after him, and took him again before I lost sight of him; then we took him to St. Sepulchre's watch-house.

Q. from prisoner. Whether you did not say at the watch-house you saw a man run away?

Turner. Yes, I did, but that was three or four yards behind the prisoner; he crossed the way, and ran as fast as he could; but I having got the man that took the handkerchief out, I did not look after him; (the handkerchief produced and deposed to.)

Prisoner's defence.

I live in Jacob's-court; my master and I had a few words on the Saturday night, and I went away as far as Tower-street, and going along, this happened. I am a painter.

Guilty . T .

350. (M.) Mary Wright , widow , was indicted for stealing a brass pottage-pot, value 5 s. the property of John Spink , June 29 . *

Mary Spink . I am wife to the prosecutor; we live in Castle-street, Marybone parish ; about a fortnight ago, I lost a brass pottage-pot out of our area; the watchman called me up about two in the morning, and said he had followed a woman from my area with a pottage-pot up to Cavendish-square; I went there, and saw the pot and the prisoner; he had given her in charge with two men; (the pot produced and deposed to)

Lawrence Abel . After I had done calling the hour of two, I came round silent, I met the prisoner with this pot; I asked where she lived; she said in Fleet-street, and had been washing, and had used her own pot.

Q. Was she going towards Fleet street?

Abel. She was standing stock still when I met her; I said, you must give a better account before you and I part; she was about seven or eight yards from Mr. Spink's house, when I first met her, she began to sting and tear to get away; she tore the clothes off her back to the waistband of her petticoats; at last she said, here take the pot, and let me go about my business; I said, no, you shall not quit me till I get to another place. I brought her to the watch-house; I went and knocked at Mr. Spink's door, and Mrs. Spink came and owned the pot.

Prisoner's defence.

I was going to my daily labour; a man hired me to carry the pot, and was to give me 6 d. to carry it to Drury-lane. I live in Fleet-street; I took it, and left that man at the King's-head in Tyburn-road.

Q. to Abel. Did you see a man with the prisoner?

Abel. I saw a man in the area when I first saw the prisoner, but he got away.

Guilty . T .

351. (M.) Eleanor Carrol , spinster , was indicted for stealing a cloth coat, value 20 s. a cloth waistcoat, value 10 s. and a linen handkerchief, value 1 s. the property of William Mills , June 1 . *

William Mills . I live in Crown-court, Fleet-street; I never saw the prisoner till I saw her before Sir John Fielding ; I lost a brown cloth coat and waistcoat with metal buttons, on the 1st of June, there was a red and white handkerchief in the pocket. On the Thursday evening I sent to borrow the Gazetteer of the day before, in which paper I saw the coat and handkerchief advertised, stopped, supposed to be stolen, to go to see it at Justice Fielding's; I went on the Friday morning; I was desired to go to the beadle of St. Clement's parish, in whose hands the clothes were; I went; Mr. Bond the beadle, told me there were a pair of gloves in the pocket; I described them, being doe-skin, and the fingers cut part off on the left-hand glove; he shewed them me, they were my property; I went to the Justice the next day, being Saturday; he examined her; she said she bought the things of a woman in Holbourn.

William Wooler . On Monday the 1st of June, about eight in the evening, this woman at the bar was detained in my house; I live in St. Clement Danes, and am a perriwig maker; she was taken in my lodger's room; she had these clothes and a hat, and other things with her; I asked her how she came by these clothes; she said she never saw them till she saw them in my house; we had a suspicion she wanted to pilser something, she being a stranger; I got a constable, and took her before Sir John Fielding ; the clothes were put into the custody of the beadle; she said she bought them in Holbourn; she would have left the clothes with me, if I would have let her go.

Q. from prisoner. Did I not ask for Dr. Carrol?

Wooler. I know no such Doctor; she did say she wanted a Doctor of that name, and said, she was recommended to him at my house.

William Barker . The prisoner came to my master's shop about four o'clock the 1st of June; she looked earnestly in at the window; after which, my master's kinswoman rapped hard under where I sat; I went into the passage, and going up stairs, I met the prisoner coming down; I saw these clothes in her apron; I took them out, she had other things; I asked her how she came by them; she said she bought them in Westminster; I took the coat and waistcoat to be my master's kinsman's property, being much the colour: I said, if she came again the next day at such a time, if they were her property, she should have them again; she very willingly gave them to me, and went away: it was thought she might have been in a room backwards; then I went and found her, and brought her back, and asked her where she got the clothes; she said, from St. James's street, by St. James's-gate; after that, she said she bought them in Pall-mall; she was very much in liquor; I detained her; then my master came in; he asked her several times where she got them; she varied every time; she said she got them in the Strand; then she said a woman gave them to her in Arundel-street.

James Bond . I am the officer; the clothes were delivered into my custody, and they were advertised, by which means the prosecutor found them.

Prisoner's defence.

I bought the clothes that afternoon.

For the prisoner.

Judith Layton . I held the prisoner's child while she paid some money for some clothes, which woman seemed to be an old clothes woman; it was that day in the afternoon.

Q. Did you know her before?

J. Layton. No, I did not, I never saw her before.

Q. How came you to know of coming here?

J. Layton. She sent for me.

Q. Did you go before Sir John Fielding ?

J. Layton. I did.

Q. Did you tell this story there?

J. Layton. I never told it to Sir John, nor no body else; I was too late.

Q. Whereabouts in Holbourn did she pay the money you mentioned?

J. Layton. It was just a little on this side the One Tun.

Q. What is your business?

J. Layton. I work at washing and scouring.

Margaret Doyle . The prisoner was a lodger of mine twelve months; I have lent her half a guinea and a guinea at a time, to buy old clothes; she never wronged me of a farthing; I have known her two years.

Q. Have you ever heard her mention such a name as Dr. Carrol?

M. Doyle. I have.

Mary Kelly . She lived with me six months in Poppin's-court, Fleet-street.

Q. Is the prisoner a single or a married woman?

M. Kelly. She is a married woman; her husband is a paviour.

Q. to prosecutor. Do you know whether she has a husband?

Prosecutor. She said she was not married when she was taken up.

M. Kelly. I do not know whether she has a husband or not, I know she buys rags and old clothes; I am in the same way myself.

Acquitted .

352. (M.) Catherine Goadson , spinster , was indicted for stealing forty seven pieces of silk ribbon, value 10 s. one pair of stuff pumps, value 2 s. three pair of leather pumps, value 1 s. fourteen pieces of silk lace, containing fifteen yards, value 8 s. one pair of silk gloves, value 2 s. and two pair of yarn stockings , the property of William Roworth , July 13 . +

William Roworth . I keep a haberdasher's shop at Islington ; last Monday I came home about half an hour after twelve o'clock at noon, my wife met me, and said, we have found a thief, and said it was our maid , the prisoner; she took me up stairs, and turned up the bed, and between the bed and sacking lay a great many pieces of ribbon, concealed in her clothes; I went down stairs, the prisoner was in the kitchen; my wife said, take care she does not get away backwards; I went out, and saw a bundle lying in the coal-shed; my wife went and brought them in; there were more ribbons and other things; there were about eight yards of blond lane, about seven yards of black lace, some gauze, a pair of callimanco pumps, three pair of leather pumps for children, two red Morocco and one black, a pair of silk gloves, and a pair of child's stockings.

Q. Where were the greatest quantity, in the coal-shed or under the bed?

Roworth. I believe the greatest quantity was under the bed; I charged the prisoner with taking them, and asked her if she had any body concerned with her; she said, no, but would not say any thing more.

Q. Does any body else live in your house?

Roworth. Yes, there is Mr. Stark, a hair-merchant in Bartholomew-close, has a lodging there, but neither he nor any of his family were in the house at that time. I took the prisoner before Justice Girdler; he asked her where she had the things; she made no answer a good while, but at last she said she bought the shoes in Coleman-street; two of the shoes have the maker's name on them that works for me, he lives in Newgate-street; as to the other things she could give no account at all.

Q. How long had she lived with you?

Roworth. She had lived with me two months that day; the pair of shoes that are not marked, I know well to be my property.

Mary Roworth . I am wife to the prosecutor; I missed a pair of silk shoes; I went up with intent to search the prisoner's clothes, and found several trifling things of mine not worth mentioning; in searching the bed I found between the bed and the sacking some ribbon, some lace and stockings, a good many of them were in the prisoner's pocket which lay there. When Mr. Roworth came home, I told him of it, and shewed him them. I said after that, she might get out backwards; he went to see, and came back, and said he had found a bundle in the coal-hole; I said to the prisoner, Kitty, you are a sad girl, what you have done will transport you; she made me no answer, nor owned to any thing. I had a good character with her, but I had given her warning above a month, and she was to have left me as last night; these things were found but last Monday. She had no box to lock any thing up in at my house

Q. What was the reason you gave her warning?

M. Roworth. I had a young child, and she did not like nursing.

The prisoner said nothing in her defence.

Guilty . T .

353. (M.) Joseph Wade was indicted (together with Thomas Roberts not taken) for stealing a pier-glass, value 10 s. nineteen towels, value 3 s. three garden spades, value 5 s. two pick axes, value 2 s. one hatchet, value 6 d. and one iron saw, value 12 d. the property of Joshua Crew , May 22 . ++

Joshua Crew . I live at Peerless-Pool ; my place was robbed of these things mentioned in the indictment. By virtue of an advertisement I heard of them again; I sent Swindal my servant, who knew them better than I did, to see them; he is here to give an account of them.

Richard Swindal . I am servant to Mr. Crew; these things being missing, after my master had read the advertisement, he sent me to see them; they were lost the 22 d; of May, the spades and pick-axes out of our gardens at Peerless Pool, from out of a lumber-room, and the pier-glass out of the cold-bath room, and towels out of that room and other places in the garden; these things were found in the prisoner's lodgings in Coverly's-fields by the constable.

Matthew Croker . I am constable; on the 26th of May the watchman of our town stopped a woman that the prisoner calls his wife; the gentlemen of our parish, having lost a quantity of gutter-lead, he went to Sir John Fielding for a search-warrant, to search the prisoner's house; I went, and there found the things, all except the glass, which I have got pieces of, cut to pieces.

Prosecutor. There was wrote upon the glass with a diamond, Peerless-Pool, pray stop the bearer (some pieces of glass produced) we imagine these to be part of it cut to pieces, to take them words out.

Croker. When I first took the prisoner he said, what have I done? I said, Joe, you know what you have done; he said, well, I know what I am guilty of. The next day I showed these things to Swindal; he swore to them directly as his master's property (produced in court, all but the glass, and deposed to).

Prisoner's defence.

I was at work for a gentleman; when I came home at night there had been a man there, one that had worked with me some time past; my wife told me he had left some things there, and that he said his landlord was going to seize his things for rent, and he desired they might be there till he called for them. I am as innocent of the fact as any man in court.

To his character.

William Green. I am a bricklayer, the prisoner is a labourer; I have known him about two years, I never heard any bad of him till this time.

James Woodward . I am a shoemaker, and live in Spitalfields; I have known him about four years and a half; he rented a room of me two years; I never heard any thing amiss of him of this kind before.

Acquitted .

(M.) He was a second time indicted for stealing five iron pottage-pots, value 3 s. (in company with Thomas Roberts , not taken) the property of Emanuel Martin , May 24 . ++

Emanuel Martin . I am a publican , at the White Bear in Well-street, Mile-end New-town ; I missed the iron pots on the 24th of May; on the 6th of July the prisoner's wife was taken in custody, and there was a warrant to search his house; and as other neighbours had lost goods, we went to see if we could find any thing, and three of my iron pots were found in his closet. The prisoner said, they were brought in by a labourer in the night time; that is all I heard him say.

Prisoner's defence.

I know nothing at all about them.

Acquitted .

354, 355, 356. (M.) William Cox , Thomas Dawson , and Anne Smith , were indicted, the two first for stealing five silver tea-spoons, value 5 s. a silver strainer, value 1 s. a pair of silver sugar-tongs, value 1 s. a gold ring with garnets and rose diamonds, value 8 l. the property of Philip Gad ; and the other for receiving a silver tea-spoon and a pair of silver tea-tongs, part of the said goods, well knowing them to have been stolen , June 16 . ++

Anne Gad . Philip Gad is my husband, I live at Somerset-house ; I lost the things mentioned in the indictment the 16th of June, about three in the afternoon, neither I nor my husband were at home; I came home in the evening about eight, a neighbour's boy told me he saw the two boys at the bar, playing before my door; we went to Sir John Fielding , and told him our suspicion, and he sent for them.

Q. How old are they?

A. Gad. The oldest is about thirteen years of age; they owned to the taking of the things out of my room, and that one of the spoons was broke and sold for 3 d. the little boy Dawson told me, that Anne Smith had bought one of the spoons and the tongs; we went to her house with the boy, and she owned she had bought a spoon and the tongs of them; and he told me of having offered one silver spoon to a silversmith, and that he stopped it.

Q. Where did Anne Smith live?

A. Gad. She lived in Black-boy-alley, in a private house; she gave up the spoon, and said, the tongs were pawned in Cow-cross, with one Clark; we went there, and it was delivered; she said, the boys told her they found them; then the boy carried us to Leicester-fields, to a silversmith's; the gentleman told us, that Cox brought the gold ring to him, and he stopt it; we found it there; I never found the rest of my things.

Richard Newton . I live at the corner of Benjamin-street, Cow-cross, with Mr. Clark, a pawnbroker; I took in this pair of tea-tongs of Anne Smith , on the 17th of June (produced and deposed to by prosecutrix).

Joseph Stevenson . I am a constable; I took up these boys at the bar, I took Dawson first; he told me where he sold one of the spoons and tongs, and took me to the woman at the bar; she gave me the spoon out of a little drawer under her table, and owned where she had pawned the tongs; we went to the pawnbroker, and ordered him to bring them to Sir John Fielding ; Dawson and Smith were committed for further examination, and as we were coming back we met Cox, we took him in custody; when we charged him with the fact, he did not deny it, he said little or nothing about it; I cannot say that he did own it; we searched him, but found nothing upon him.

Joseph Fisher . I am a goldsmith in Leicester-fields; the prisoner Cox, with another boy a little bigger than Dawson, came to my shop, and brought this ring; I happened not to be at home; this was about three weeks ago; they said they found it; my man said they ought to be charged with a constable; this he told me; he said they must leave the ring till his master comes home, and they to come again in the morning. In the morning Cox and another boy came; I asked them how they came by it; they said they found it in Lombard-street, or some such name; I said, I am fearful you are bad boys, I have a good mind to send for a constable; one said, he picked it up, and the other that he saw him; I said, I should keep the ring till they bring somebody to testify for them. I think Cox said, he worked for somebody in Bedford-row; the boy came again on the Thursday in the afternoon, and wanted the ring; I said, I will not part from it, without you bring your master; on the next morning there came a man from Sir John Fielding with the prosecutrix, and asked me about it ( the ring produced in court, and deposed to).

Cox's defence.

This little boy and I were at play by that old wall, and a boy that belongs to St. Clement's school, came and brought them things; I took that ring to the goldsmith's shop, to know if it was gold or not, I did not go to sell it; then we carried a spoon to this young woman ( meaning Smith) we lost that other boy in Covent-garden; then we went down into Field-lane, and so to Smith's house; he was going to break the spoon, and she gave him a shilling for it; then he came with the tongs; she took them of him, and asked him how he came by them. I am a plaisterer by trade; my master lives in Bedford row.

Cox called John Jones , a watchmaker, in Chick-lane, Grace Betsworth , Sarah Dark , John Hickley , Elizabeth Turner , Catherine Hyde , and John Mills , who all gave him a good character.

Dawson's defence.

Another boy gave us the things; we were playing at trap-ball, he asked us to go and sell them for him; he said he found them, so we went along with him to Covent-garden market; then that boy ran away ; I was not within the door where the place was broke; it was Cox carried the spoons to Smith, and I went with him; we went to sell them; I am but nine years old.

To his character.

Jemima Dawson . I am his mother.

Q. How old is he?

J. Dawson. He is as he says.

Q. Is he not older?

J. Dawson. The truth is, he is not twelve years of age; but I can hardly tell, for I can neither write nor read.

Smith's defence.

I sell oranges at the Royal Exchange; I had been out, and Dawson was sitting on the dunghill by our door; he was going to break a spoon; I asked him what he was going to do with it; he said he would sell it for a shilling, if I would buy it; I gave him a shilling for it; he went and sat upon the dunghill again, and came to me presently after, and asked me if I would buy a pair of tea-tongs; I asked him how he came by them; he said he found the things in a stocking; I had the tongs in my hand, and some money; he wanted to snatch the tongs out of my hand; I dropt six-pence; he took it up, and ran away.

To her character.

Richard Newton , the pawnbroker's servant, said he had known her between three and four years; that she sells oranges and lemons; that she used to pawn her things at his master's house often, and fetched them out again.

Cox and Dawson Guilty . T . Smith T. 14 .

357, 358. Henry Donnelly and William Jones , were indicted, for that they, on the 30th of June , about the hour of one in the night, the dwelling-house of Mungo Baikie , did break and enter, and stealing one looking-glass with a wooden frame, value 2 s. two napkins, value 1 s. one silver teaspoon, value 1 s. one linen pillow-case, value 1 s. two pair of scissars, value 2 s. one china bason, value 6 d. and one leather pocket-book, value 1 s. the property of the said Mungo, in his dwelling-house . +

Mungo Baikie. I live in Orange-street, Leicester-fields, but I have a small house and garden behind the Adam and Eve at Tottenham-court turnpike . At the time I was robbed there was nobody in it: for this three summers past I have resided there; I was there the evening before; I had put up some looking-glasses, and had a bed, chair, and things there.

Q. When did you lie in the house last?

Baikie. I had not laid in it since last summer; I was there the evening of the 30th of June; on the first of July this card was brought to me (producing one) by which I was directed to come to Sir John Fielding at eleven o'clock; I did not know then that I had left my pocket-book there, the card I had left in it; I went there; I found a small looking-glass with a wooden frame, a pillow-case taken off of a pillow that I had laid on the bed, two napkins, two pair of scissars, and a pocket book, all my property, which were in that house over night; there was a china half pint bason, but as there are others of the same pattern, I do not swear to that; I lost such a one; then I went to the house, and missed the things mentioned.

Q. How was the house broke?

Balkie. There was no place broke; the house had been new paper'd, and I left the window open, and the door not locked. I know nothing of the prisoners.

George Sale . I am a constable; I and Mr. Wright were looking out for other people that we had information of, on the first of July, between the hours of two and three in the morning: seeing the two prisoners with their pockets encumbered, we stopt them upon suspicion; I found upon Donnelly two napkins and a china bowl; we took them to St. Giles's Round-house.

Henry Wright . I was along with Mr. Sale, the first of July in the morning; we met the prisoners just by the Devil's-gap, Drury-lane, and stopt them; Jones had a looking-glass, a silver teaspoon, two pair of scissars, a pillow-case, and a pocket-book (produced in court)

Prosecutor. These are my property, all but the bason, which I do not swear to, I lost such a bason; the tea-spoon was taken from out of a cupboard, but I did not put that in the indictment.

Wright. The card was one of the prosecutor's shop-bills, by which means we found the prosecutor; we took the prisoners before Sir John Fielding , there they said they had been a haymaking, and had saved up ten shillings, and they met a person on the road, and bought the things of him for ten shillings.

Q. What are the prisoners?

Wright. One is a cooper, the other a breeches-maker.

John Crofts . On Tuesday fortnight I was out at night, and I light of Jones in Bow-street, Covent-garden, the other was with him; they asked me where I was going.

Q. Did you know them before?

Crofts. I did; they said they were going up into the fields to sleep among the hay, and asked me to go with them. When we got into the fields, Jones slept over the pales into this gentleman's garden, and said he knew of some cucumbers there; then Donnelly went over after him, and I followed Jones; finding no cucumbers, he went and lifted up the latch, and went into the summer-house; he slept up upon two chairs, and took a silver spoon out of the corner-cupboard, and a pocket-book; then we took two napkins, and a pillow-case, from off a pillow, two pair of scissars, five china cups and saucers, a half-pint china bason, and a looking-glass in a brown frame. Jones gave me the five china cups and saucers, and I was stopt on the top of Drury-lane.

Q. Where did you take these things from?

Crofts. From the summer-house.

Q. to prosecutor. Do you call that the dwelling-house?

Prosecutor. That is what I call a house; it is a little room where we drink a glass of wine, and sleep.

Q. to Wright. Did you see Crofts when you stopt the prisoner?

Wright. No, he ran away, and threw down the cups and saucers, and broke them; and afterwards he came to us, and the prisoners said they knew nothing of him.

Jones. It is a designed thing, with intent to take away our lives.

Q. to Crofts. Do you know me?

Crofts. I have known Jones half a year, he is a breechees maker; I have drank with him several times on evenings.

Q. Where does he live?

Crofts. Somewhere by Drury-lane.

Q. from Donnelly. How long have you known me?

Crofts. I have known Donnelly about three quarters of a year; I have drank with him many a time; I never knew him to be guilty of any such thing in my life before.

Q. Did you persuade them to do this?

Crofts. No.

Donnelly's defence.

I had been a hay-making, I met a man with some things in his hand; he said, he and his wife had quarrelled, and he would not live with her any longer; he asked me if I would buy the things; I gave him ten shillings for them; we met the evidence; he asked us which way we were going; I said we were going towards London; he asked to what part, I said towards Tooley-street; he brought us down to the Devil's-gap, and while we were talking they stopt us; they never meddled with him, but let him go; and then two days after he came and made himself an evidence against us, for a thing we know nothing of.

Wright. We had an evidence with us handcuffed, watching for other persons; and seeing the looking-glass at Donnelly's back, and their pockets stuffed out, we stopt them.

For the prisoners.

Mary Smith . I have been an unfortunate girl of the town; I met this Jack Crofts , he asked me to give him a dram; he said he was distressed now, but at the sessions he should have money enough, for he was turned slag; he had two young fellows taken up, and said, have you not heard of it; then he said he would turn pastrycook.

Q. What is the meaning of that?

M. Smith. That I suppose is turning slag again; I said against who; he said against Harry Donnelly ; he said, Harry Wright took them; I said, how came you to fell any body's blood; he said, I'll have money enough, and if you'll come and live with me I'll cloath you.

Q. How long have you been acquainted with him?

M. Smith. I came to know him, by living in the same house where he did; that was Mr. Price's, at the White Hart, the corner of Catherine-street; we were in Tothill fields Bridewell together; I believe he broke out.

Q. What was you there for?

M. Smith. I was there for being a disorderly girl of the town, taken up in the streets; he was in for picking of pockets.

Q. How old are you?

M. Smith. I am eighteen years of age; I was born at Greenwich.

Jones's defence.

I was at work at Barnet; I met Donnelly; he said, where are you going; I said to town; we were both coming along the road, we met a man, he said, will you buy any thing; I said, what things; he said he had got such and such things; Donnelly said, I don't know but I shall go to house-keeping soon; the man asked fifteen shillings for them, and he bought them for ten shillings; after that we had not gone above ten or a dozen yards before Crofts came up; said he, where are you going; I said to London; Donnelly said he was going to Tooley-street; Crofts said, where are you going Jones; I said to my mother's, she lives in Newport-market; he came along with us while we came to Drury-lane; said he, which way will you take; when we came to the top of Monmouth-street, said Donnelly, you may as well go along with me; I went to his mother's and they staid at the top of Monmouth-street; then we went on to Drury-lane, and at the Devil's-gap, there we stopt; he then asked us to go and drink; then these two men came up and took us; one of them took Crofts; he said he was going to work; then they let Crofts go; presently when they had handcuffed us, and they were taking us to the watch-house, up came he before we got to the end of Drury-lane; they asked him whether he knew any thing of us; he said no, he knew nothing at all of us.

Q. to Wright. Did you stop Crofts?

Wright. No, we neither of us saw him.

Anne Atkinson . I have known Donnelly nine months, on the other side of the water; he behaved well.

William Watson . I am a cooper; Donnelly served part of his time to my father, and the conclusion of it with me; he left me about a year and a half ago; he behaved himself soberly, and I believe honestly; he was a little idle, for which I reproved him.

Q. What can an industrious man get at your business?

Watson. He may get fifteen or sixteen shillings a week.

Q. to prosecutor. How came you to indict them for breaking your house, when you left it open?

Prosecutor. The person that made out the bill, said, are you sure the latch was shut; I said yes; then he said that will do.

Court. Here is a man gives his evidence, no account how or when taken, or how he came to be admitted evidence. It is observable, he is very careful to make out the burglary; Jones he says, went and lifted up the latch of the door.

To Donnelly's character.

Hugh Donnelly . Donnelly's father was a kinsman of mine, and, by virtue of my oath, I never heard the least thing laid to his charge before this.

David Forrester . I have known Donnelly about five or six years; I never heard any thing of him, but that of a very sober careful lad till this.

Both Guilty of stealing the goods only . T .

359. (M.) John Pitman , was indicted for stealing a shagreen watch, value 20 s. and a mettle watch hook and chain , the property of Sarah Hewerdine , spinster , July 14 . +

Sarah Hewerdine . I live opposite Gun-dock, Wapping . Yesterday in the afternoon the prisoner came into my shop to buy a shirt and stockings, he had no money to pay for them; he agreed for them, and said he would come again and pay; he went away and left them; when he was gone, the girl told me she believed he had taken my watch; she saw him put his hand near where it lay on the counter; I looked and found it gone (I had had it in my hand not five minutes before, and laid it down) I went to the door, and called stop thief, and some watermen's boys and others pursued and took him; he was brought back, and searched by the constable; it was not found upon him; I sent the people out to look on the ground the way he ran, and my watch was brought in; it was found by a dunghill which I saw him run over.

- Lavender. I heard the cry stop thief the day before yesterday, and saw the prisoner running behind the church close to the brick-wall very fast; I and one Domony ran a nearer way, and came round to him; we called stop thief; an old man went to stop him, but he got out of his hands; we called out again; then Mr. Smith a butcher stopt him.

Q. Did you ever lose sight of him?

Lavender. No, we never did; when we came up to him he went to strike us; but after he got a knock on the left-side of his cheek, he was pretty quiet.

Q. Did you see him throw any thing away?

Lavender. No, I did not.

John Branham . I heard the cry stop thief; I ran to see what was the matter, the butcher had just stopt the prisoner; they could not find the watch about him; then a gentleman said, you that saw him run, go and look about, and see if you can find it; I went with others, and found it in some mud, about a stone's cast from the prosecutrix's house (produced in court, and deposed to by prosecutrix.)

Prisoner's defence.

They can't say they saw me with any thing in my hands; I have no friends here to speak for me, they are at Portsmouth.

Guilty . T .

360. (M.) Thomas Rutter was indicted for stealing one bamboe joint for a fishing-rod, with a brass ferril, value 18 d. six hazel joints for tops of fishing rods, value 6 d. six other joints for tops of fishing-rods, value 6 d. and half an ounce of spelter solder , the property of William Emory , May 15 . *

William Emory . I am a fishing-rod maker ; I employed the prisoner in the capacity of a journeyman , from October to November; I prosecuted him here +, and I took him again after he came out of Newgate. On the 15th of May I missed a bamboe butt, with a screw ferril, out of my workshop; I had seen it a day or two before; and on the 26th of June, my apprentice told me the prisoner had been concealing some hazel joints for fishing-rods under his work bench; I ordered him to see if they were there after the prisoner was gone, and he said they were gone. The next day I saw six pieces under his bench, there I left them; when he was gone, I went and examined, and they were gone; after that I had information the prisoner had been offering a fishing-rod in Crooked-lane, and after that I was informed he had sold it to Mr. Worthington; I charged the prisoner with it; he acknowledged he had sold him one. On the 7th of this month the prisoner went out with his coat very bulky; I called him back, and ran my hand into the lining of his coat, and pulled out a great piece of charcoal, and two hazel sticks; then I got a friend to go to Mr. Worthington's, and I abode without; he went in, and asked for such a rod; it was showed him; then I went into the shop, and asked Mr. Worthington how long he had sold fishing-rods, and who served him; he said Mr. Collins; I said, did he make this rod; he said, yes, I bought it of him; I said, you did not, you bought it of somebody that stole it; then he paus'd and said, he bought it of a young man that lodged in Wych-street; I said he did, but now he lodges in Bridewell.

See No 109 in this Mayoralty; he was cast for transportation, but received his Majesty's pardon.

Q. Was it your property?

Emory. I can't positively swear to the joints, I verily believe them to be mine; the prisoner acknowledged he sold a rod to Mr. Worthington.

Q. Did he own it to be your's?

Emory. He said I had given him leave to do it; he lodged at the house of one Murphy, who was his bail; when I took him again, there I found a work-bench done up; I asked Murphy how he came to encourage him to six up tools, when he was bound that the prisoner should not neglect my business for three years.

Q. What do you value the tops at?

Emory. The hazel and bamboe tops I value at a penny a piece.

Francis Wilson . I am apprentice to Mr. Emory, the prisoner was his journeyman; he was going out last Tuesday se'nnight, he came down, and asked me for a screw-ferril; I reached the drawer, and he fitted one to a bamboe butt; I thought it had been for my master's use; he took the bamboe butt away; I went up into the workshop about the 16th of June; I saw him have a hazel stick in his hand; I was called down, and I went up again, and looked under the bench, and saw three or four hazel sticks lying, and as soon as he was gone they were gone; and on the Saturday following there were six pieces of bamboe tops lay under his bench; I told my master of them, he came and looked at them, and as he was going out of the shop, my master called him back, and took him by the collar, and brought him into the shop, and there were two hazel sticks in his coat, and some charcoal; he said the sticks were none of my master's; then my master sent me for a constable; then the prisoner went on his knees, and said he would never do so no more.

Alice Emory . I am wife to the prosecutor; I saw the prisoner a fortnight ago last Wednesday, as I I was in my own room facing the work-shop, take some spelter folder out of the box, I believe he took out ten knife points full, and he put it in his pocket, and went out immediately.

Q. to prosecutor. What do you value that quantity Mrs. Emory has mentioned?

Emory. I value it at two-pence.

Prisoner's defence.

My master gave me leave to do jobs; an acquaintance of mine gave me a fishing-rod to repair; I asked my master about the butt, he sa id I might take it; I finished three fishing-rod tops for him, and after that, I asked him what I must go about; he said I might stay and do that butt; I did, and asked Frank for a ferril, and he gave me one; I fixed it on, and varnished the rod; my master said to me, you have blistered the butt; I said I did not take a deal of pains about it: all this is spite, because I have a set of tools of my own to do jobs, he is afraid I should take his customers away; I have between 2 and 3000 hazel tops now in my lodging, which I bought at the Horse shoe and Magpie in Holbourn.

He called Joseph Murphy , at whose house he lodged, who said he was a very industrious man, was commonly at work before he went out to his master's, and when he came to dinner, and after he left his master at night.

Richard Crow gave the same account of him.

George Bowles . I never saw the prisoner before he was committed; when they were before the Justice, the prisoner said to his master, do not you know such a time, I stained a butt in your shop, and a gentlewoman was there, and I said, she must not lay her hand upon it, for it would burn her; the prosecutor did not deny that circumstance, but said nothing to it.

Acquitted .

361, 362. (M.) Ruben Diggs was indicted for stealing a silver watch, value 20 s. the property of Bartholomew Darby ; and Elizabeth Griffin , widow , otherwise wife of John Long , for receiving the same, well knowing it to have been stolen , June 1 . +

Bartholamew Darby. I live in Blue-anchor-alley, Bunhill-row ; I lost a silver watch the first of last month from off a brass pin on the mantle piece on the ground-floor, between the hours of four and seven in the afternoon; I had seen it there that morning; my daughter informed me the boy at the bar and another boy went by about the time it was missing; I saw it again at Mr. Girdler's about a month after I lost it; the boy was there; he owned it to be the same watch he and another had pawned to the woman at the bar for 2 s. he said the other boy stole it from my house; he said his name was George Kingston .

Thomas Knight . I worked at a tin-shop in Old-street-road; coming from there to Whitecross-street for my dinner, I met the boy at the bar with another with him; (he is not taken;) I know the other boy, because he lighted lamps for my master where I served my time; he asked me if I would buy a watch; I said no; he always bore the character of a pickpocket; he told me, he had left it in the hands of Mr. Griffin in Cowheel-alley, otherwise Swan-alley, for victuals and drink; I thought he could not come honestly by it; I went to Mrs. Griffin, and asked her for it, and she very honestly parted with it, and said, she did not care to have any thing to do with it; the prosecutor came to me at the White Bear, next door to where I work; he asked me if I knew of a watch; I said I did, and asked him if he knew the name or number; he said he did not; I went to Justice Girdler, and told him of it; he ordered me to advertise it; I did in June; then there were several people came after it, and the best description was by a man in East Smithfield, but he could not tell the name nor number, but he mentioned a bruise; then the prosecutor came, and said he would sue me if I parted with it; then I took the prisoner up; then he owned that Kingston took it.

Q. Did the prisoner own he had a hand in stealing it?

Knight. No, he never did.

Both acquitted .

363. (M.) Andrew Hallgeel was indicted for the wilful murder of William Cartwright ; he stood charged on the coroner's inquest for the said murder , June 7 . *

Patrick Dermot . I have known the prisoner about seven or eight weeks before this affair happened, he is a seafaring man .

Q. Did you know the deceased Mr. Cartwright?

Dermot. I did, he lived at Bromley , he was a school-master ; the prisoner's wife lived with Mr. Cartwright as a housekeeper, for about twelve months.

Q. How long had the prisoner been absent?

Dermot. I understood he had been absent above a year; I was often in company with the prisoner. On Sunday the 7th of June, in the afternoon, about three or four o'clock, I am not certain to the hour, Mr. Cartwright sent for me; I went to his house.

Q. Where do you live?

Dermot. I live in Bow; the prisoner went into his house along with me; (I believe he was most commonly at Mr. Cartwright's house since he came home from sea, his wife being there) there was another person went in with us; Mr. Cartwright being in the parlour, he whispered me, that the prisoner's wife might escape; he said, there was some terrible affair at stake, and he was afraid he would commit murder, and begged of me to take him away with me, while she made her escape out of the house; I did so, I took him out to the White Horse; he staid there with me about six or seven minutes, and went out from me with a walking-stick in his hand; after he had been absent about twelve or fifteen minutes, he came back without the stick, and had a naked hanger in his left bosom, I saw the handle of it; this hanger I had seen hanging naked in Mr. Cartwright's parlour; when I took the prisoner out with me, the prisoner told me he had done for them both; as soon as he came to the door, he said they both lay dead on the floor, and desired me to go and see; I went immediately to Mr. Cartwright's house, which was about 2 or 300 yards distant.

Q. Did the prisoner go with you?

Dermot. No, he did not; I saw the prisoner's wife in the kitchen, she appeared very low; there was a very great effusion of blood that lay by her; the back of her gown was cut in several places, where I believe he had struck her; her wound was upon her thigh, I did not see that; I could see no wound about her face; I enquired where Mr. Cartwright was; I went up stairs, and found him in a chair at his study-door, leaning on his left side.

Q. How was he for health before?

Dermot. He was as hearty and well as ever I saw him, when I took the prisoner away to the White Horse; I found he was wounded very deep on his right elbow, there was a large effusion of blood by him; I asked him how he came by that wound; he told me Mr. Hallgeel had murdered him; this was the 7th, and he died on the 21st; I sent for a coach, and sent him to the hospital; he seemed very faint.

Q. What was his age?

Dermot. I believe he might be about sixty years of age; he was a very hale stout man of his age.

Q. What is the age of the prisoner's wife?

Dermot. I do not know, she may be about forty, or seven and eight-and-thirty.

Q. Is she a comely woman?

Dermot. She is a good motherly-looking woman, she is fat.

Q. Did you see his wound?

Dermot. I did, we pulled his morning-gown off and saw it; his shirt was cut through; the wound was just in the joint of the right arm, and his left shoulder was dislocated; I saw him two days after in the hospital; I saw him frequently till he died; I saw Surgeon Grindal , he told me the wound was mortal, and would be the death of him; the deceased considered himself as a dying man, and told me his time was but short, and declared upon the word of a dying man, that what he was accused of concerning the woman was false. The prisoner was taken the next Sunday morning; I saw him in custody in the watch-house at Bromley, nothing material passed.

Q. Was any thing of jealousy in the way?

Dermot. There were hints thrown out to that purport; about six days before, the prisoner and I were going from London to Bow; he fell down on the road, and hurt his face and his knuckles on his right hand; I took him in at the Black Swan alehouse at Bow to wash him; words passed between the landlady and him; he called her b - h; what she said I did not rightly hear, but she told me afterwards, that she bid him go home to the b - h his wife that cuckolded him; the prisoner told me the same thing when we were got out of the house; the landlady said to me, why do you bring such a person here; the prisoner told me, she bid him go home to Cartwright's whore, you cuckold; when he got home to Cartwright's house, he began with his wife the same evening, and Mr. Cartwright was afraid he would kill his wife.

Cross examination.

Q. Was Cartwright a married or a single man?

Dermot. He was a single man.

Q. In what capacity did the prisoner's wife live with the deceased?

Dermot. In the capacity of a housekeeper.

Q. How many servants did he keep?

Dermot. He kept a servant girl and a boy; she had the command of the other servants.

Q. Do you know of any intimacy between the deceased and the prisoner's wife?

Dermot. Upon my word I know of none, nor never suspected none.

Q. Has it not made much noise in the neighbourhood?

Dermot. I do not know that it has.

Q. How far does that woman live from Mr. Cartwright's, with whom the prisoner had these words?

Dermot. About 3 or 400 yards.

Q. Whereabouts was the prisoner's wife's gown cut?

Dermot. It was about the back and hip above the stays; I saw no cut below, except the hole in her petticoat, where some sharp instrument had penetrated, that was in the hind part; I saw none in the fore part of her petticoat. I understood by the surgeon that dressed her, the wound was in her groin, rather behind.

Q. Had Mr. Cartwright any instrument in his hand when you saw him?

Dermot. He had a sword in his wounded hand, with the scabbard on it; I found the stick which the prisoner had in his hand when he went from me in the dining-room, splintered and broke; when I went up stairs, Mr. Cartwright held out the sword, and said, I'll kill you before I die, you have murdered me, thinking I had been the prisoner coming again; that sword he had in his hand I have frequently seen hanging in his study.

Q. Is there not a bed-room by the dining-room?

Dermot. There is a little bed-chamber at one end of it; I believe the woman locked herself in it, because there were three or four places where he had attempted to run the sword through; it opens into the dining-room.

Q. Do you know whether Mr. Cartwright and she were both locked in that room together?

Dermot. I do not know that they were; the bed was turned up then.

Q. Did the deceased ever tell you how the fray began?

Dermot. He told me he was going up stairs, to hurry the woman out of the house, and taking advantage of the prisoner's absence, they were talking together about a little family account, and he had hold of the knob of the lock, the door was not quite shut, when the prisoner came and beat him with the stick, and broke it about him, and then he ran down for the hanger; he told me this several times without variation; (the hanger, broken stick, and long sword produced in court.)

Q. Have you often seen the prisoner at Mr. Cartwright's house?

Dermot. I have seen him eat and drink there several times.

Q. How did they seem to behave together?

Dermot. They seemed to behave and agree very friendly; I believe the prisoner was very unhappy in his temper to his wife after that affair at the Black Swan; before, the prisoner and deceased were as friendly as any two brothers could be.

Elizabeth Golding . I was servant to Mr. Cartwright, I lived there eight months before his death; the prisoner's wife was housekeeper there when I came; the prisoner frequently dined and breakfasted there, and lay with his wife every night for six weeks before my master's death; he and my master behaved and agreed very well together.

Q. When was the first time you discovered the prisoner showing any ill-will?

E. Golding. That was on Whitsunday morning; he had used to quarrel with his wife before, but I did not know what it was about; the first time that I had observed it, was about a week before that; he was one of the best tempered men in the world.

Q. What happened on Whitsunday?

E. Golding. Then he got up about seven in the morning, and packed up his clothes, and our boy helped to carry them to London; he was then going to his own apartment in London; he returned again about one or two o'clock in the afternoon, I had just sent up dinner as he knocked at the door; I said you are just come in time; he walked up stairs to the fore parlour, the dining-room is up another pair of stairs; there was my master and the prisoner's wife; I went to the parlour to take the things away.

Q. Did the prisoner dine there?

E. Golding. I believe he did; the plates were foul when I fetched them away; he was a little in liquor, he was quarrelling with his wife; all I heard him say, she had pawned his clothes, and pawned his plate since he was gone; my master made answer and said, Poh, poh, poh, what have I to do between a man and his wife quarreling, what signifies making a noise; then the prisoner went with a design to take a walk out; our boy, to the best of my knowledge, was sent to Mr. Dermot; he came; this was about an hour after dinner; when he came, I was not up in the parlour at all; very soon after he came, he and the prisoner went out together; I saw them go out at the fore door as I stood in the kitchen.

Q. How long after this was it that you saw the prisoner again?

E. Golding. It might be about a quarter of an hour; when he came back again, I was standing leaning against the back door; the prisoner came in at that door, he had only a stick in his hand; he said to me, where is the whore my wife; I said, she is gone to London.

Q. Was she gone to London?

E. Golding. No, she was not.

Q Why then did you say so?

E. Golding. I said so by her order; she had ordered me, in case he came back, to give that answer, when she was in the back kitchen.

Q. Where was your master at that time?

E. Golding. He was up stairs. Then he asked where my my master was; I said I would go and call him; I went up the kitchen stairs, and called Sir, several times, there was no answer; the kitchen is under ground, the kitchen stairs come into the hall and the parlour.

Q. Where did you think your master was?

E Golding. I thought to have found him in the fore parlour.

Q. Where did the prisoner stay when you went up the kitchen stairs?

E. Golding. He stood in the back kitchen till I came down again

Q. Did you open the parlour door?

E. Golding. No, the door was open, there was no body there; I came down and told him, I could not make my master answer; the prisoner made no answer; I immediately went out at the back gate, to see if the boy was coming with the beer; I staid not above five or six minutes at the gate; when I came back again, the prisoner was beating my mistress down the kitchen stairs; he had a hanger, I saw no stick; she was all cut across her stays and gown.

Q. Did you see any blood?

E. Golding. No, I did not then; then he beat her in the kitchen with the hanger; I saw him give her a prick behind; he did it with a push with his hand, right forward; presently I saw blood; as soon as I saw him beating her down stairs, I sent for Mr. Dermot; I staid in the kitchen, and gave her a little water to drink; the prisoner went out at the back door; soon after that, I heard my master stamping about, up one pair of stairs, that is above the kitchen where the study is; I did not go up till Mr. Dermot came.

Q. Where was your mistress after dinner?

E. Golding. She was in the dining-room; she said, in case her husband came, she desired to be denied, for he was in a very bad temper, and she told me she should go up-in the dining-room.

Q. Was your master up into the dining-room with the prisoner's wife?

E. Golding I cannot say he was; I know she was there, for she had called to me to bring her the chamber-pot, that was before the prisoner came back again; I carried one up to the dining-room, the door was locked when I went up; she opened the door, and took the chamber-pot of me; we have a little room in the dining-room, and there is a bed in it, it opens to the right-hand of the door; when she opened the door for me to deliver the chamber-pot, that little room door was shut; I carried it up from the back kitchen, and I believe the parlour-door was shut at that time.

Q. Did you see your master at that time?

E. Golding. No, I did not.

Q. That hanger which the prisoner had, where does that hang?

E. Golding. That always hangs naked in the fore parlour, I saw it there that morning; after Mr. Dermot came, I saw the wound on my master's arm.

*** The last Part of these Proceedings will be Published in a few Days.

THE WHOLE PROCEEDINGS ON THE KING's COMMISSIONS of the PEACE, OYER and TERMINER, and GOAL DELIVERY FOR THE CITY of LONDON; And also the GOAL DELIVERY FOR THE COUNTY of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 15th, Thursday the 16th, and Friday the 17th, of JULY.

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

NUMBER VI. PART II

LONDON,

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

[Price Six-Pence.]

THE WHOLE PROCEEDINGS ON THE

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

Continuation of the Trial of Andrew Hallgeel .

Cross Examination.

Q. HOW was the prisoner in general for temper?

E. Golding. He was always a very good-tempered man before he went to the Black Swan.

Q. Have you never told any body that your master and mistress were in a bed-chamber at that time?

E. Golding. No, I never saw them in any bed-chamber together in my life.

Q. Have you never said they were both in that little room?

E. Golding. No, I never did.

Q. Where did she lie?

E. Golding. She lay in the back-parlour.

Q. Where did your master lie?

E. Golding. He lay in a room even with the dining-room.

Q. Where did you lie?

E. Golding. I lay under the stair-case.

Q. Did you never hear your master come down in a morning when you have been in bed?

E. Golding. I have heard him come down at four or five in the morning, when she has been in bed, several times.

Q. How often have you heard that?

E. Golding. I have heard it three or four times; I used to think it was a thief, he used to come so softly; I used to think he had no shoes on; he came as if he intended to have nobody hear him; they could not move but I could hear them.

Q. How long might he stay below?

E. Golding. I believe he might stay an hour in my mistress's room; I have heard him go up again.

Q. Did you ever hear any thing pass between them?

E. Golding. They could not move nor stir in bed but I heard them.

Q. Have you ever heard them in bed?

E. Golding. I have heard them move in the bed together.

Q. Was this before the prisoner came home, or when?

E. Golding. It was before he came home from sea.

Q. How often have you heard them move in the bed together?

E. Golding. I am positive I have heard them three times, much in the same way; and I have heard him, after an hour or two, go up stairs again; and about seven o'clock she used to carry him up a bason of broth, and he used to come down about nine.

Q. What did you call her when you spoke to her?

E. Golding. I always called her madam, as my mistress.

Q. When you called, Sir, Sir, was it loud enough for him to have heard you?

E. Golding. It was.

Q. Was he in the parlour then?

E. Golding. No, he was not.

Q. Was he in the kitchen?

E. Golding. No.

Q. Was he in the yard?

E. Golding. No, I heard the prisoner say he found them both in the dining-room together when he went up.

Q. Where did you see your master last, before the prisoner came in?

E. Golding. That was in the fore-parlour, and she was up in the dining-room.

Q. Do you know when he went out of the parlour?

E. Golding. No, I do not know, for I was washing up my things below.

Q. Did you hear any quarrel or dispute between your master and the prisoner?

E. Golding. No, I did not.

Thomas Saunders . I am a pupil under Mr. Grindal; I saw the deceased about seven in the evening, on Whitsunday, in the London-hospital; I found him with a wound in the joint on the right elbow, and his left shoulder was dislocated; the wound was cut across the elbow in the joint quite to the bone; a small blood-vessel or artery was cut; the wound seemed to be given by some edged weapon; there appeared to have been a good deal of blood lost; the man was very faint when he came in, the blood was not then stopt; I applied some lint to it, and that stopt it; there was a contusion about his shoulder by the blows, they appeared very black; I could not tell what they proceeded from; I attended him daily.

Q. When did he die?

Saunders. He died that day fortnight.

Q. What in your opinion was the cause of his death?

Saunders. A fever was the cause of his death, I believe.

Q. What occasioned that fever?

Saunders. Whether it was occasioned by the fever or otherwise, I cannot determine.

Q. Was the wound and the injury you saw he had received the cause of his death?

Saunders. Very possible they might occasion his death; I rather think they were the occasion of his death.

Cross Examination.

Q. How did he say his shoulder became dislocated?

Saunders. He told me it was by putting up his arm to defend himself, and he ran against the ballusters of the stairs with his left shoulder.

Q. Do you think the dislocation was the cause of his death?

Saunders. I do not think that alone was; I do not think that alone brought on the fever.

Q. When you was first called in, would you have thought that kind of wound a mortal wound,

Saunders. No, I did not think it a mortal wound; that was my opinion then; Mr. Grindal saw him the day after he came in.

Mr. Grindal. I saw the deceased the day after the accident happened, about twelve o'clock; the young gentleman has given you my opinion; I found the deceased in a high fever; I believe, if they had thought of the consequence that has attended it, they would have sent for me over night, (if they find any thing of great consequence they send for us immediately) I have seen many worse wounds than that that have done well; the young gentleman had put his arm in before I came. The second or third day after the fever increased very much, I called a friend of his on one side, to desire him if the deceased had any affairs to settle to get him so to do, thinking him in a dangerous condition.

Q. Upon the whole of this wound and these bruises, were they the occasion of his death?

Mr. Grindal. I cannot help thinking, but upon the whole his death was the consequence of the wound; his fever might proceed from his being so long neglected.

Cross Examination.

Q. When a fever proceeds from a wound, do you not call it a sympathetic fever?

Mr. Grindal. We do; at first it was a sympathetic fever, no doubt, we could never by bleeding get it over. For the first two or three days, I thought he stood a chance to do well; but a fever much stronger and higher than that took him, and from that I told his friend I saw no hopes of his recovery.

Prisoner's defence.

When I came to Mr. Dermot, before he and I went out, Mr. Cartwright called him in out of the fore-parlour into the back-parlour; then he came to me again, and told me he was going to take a walk to Ham and Plaistow; he said to me, I had better take a walk along with him, it will pass away time; accordingly I said with all my heart; we went out to take a walk; Mr. Dermot's maid was at the door, and said a gentleman wanted to speak with him; accordingly we went to Mr. Dermot's house, and then was told the gentleman was gone to the White-horse at Bow; we went to the White-horse, he asked who wanted him; they told him the person was in the parlour, we went in. Mr. Dermot asked him what he had to say; we sat down, he drank to Mr. Dermot, and Mr. Dermot drank to me, and I to the other gentleman; they fell into some discourse together; I said to Mr. Dermot, I find you are so deep in discourse you will hardly go to Plaistow to night, I want to go home; said he, I would not have you hinder yourself as you are in a hurry; I said, gentleman, your servant, and went out; and as a boy told me before, that he catched my wife and Mr. Cartwright together, if I had gone out to go to Ham, I should have turned back, though I had not mentioned it to any body. I came back again, the maid was looking out at the garden-gate; I said, Betty, where is my wife; she said she is gone to London; I walked in by her; she ran past me, and ran up stairs, and called Sir, Sir, five or six times, as loud as she could; I went into the back-kitchen and took the hanger, and carried it in one hand, and the stick in the other: as the maid was coming down stairs I went up; I first went into the fore-parlour, and then into the back-parlour; I opened his bed-chamber, and saw nobody there; then I opened the dining-room door very softly; then I came to the little room door, I found it fast, I got my shoulder against it with the hanger and stick in my hands; I burst it open, there Mr. Cartwright was in the action with my wife; he arose up, she could not cover her nakedness; he was going to get his breeches up, I fetched him a blow with the stick, he got his breeches buttoned, and went to take hold of his sword that lay upon a chair; I took the hanger and cut him in the arm, he ran out of the dining-room and I after him; my wife locked the door against me: I said, you whore, if you do not open the door I'll break it open; I fetched her a blow, and as I was going to give her another, she ran out at the door; there are two stair-cases, she ran down the other stairs, and I after her, and into the kitchen, I gave her half a dozen strokes across the stays; she came to clasp her arms round me; I said, you whore, do not go to take hold of me, and with the hanger as I held it, by her turning, pierced her thigh: then I went and told Mr. Dermot that I catched them both in the action, and paid them pretty well for it; I did not think to do any murder, as I went out with Mr. Dermot; she said to the maid get me some water, I am going up-stairs to shift myself, I am going to London; she heard Betty come up; she knocked at the wainscot, and said, madam, I want to speak with you; said my wife, Betty, can't I trust you with a secret, if my husband should come tell him I am gone to London, and do you bring up the chamber-pot.

To his character.

Thomas Hallgeel . I am the prisoner's nephew, I have known him twenty-seven years; he was always, whenever I saw him, of a very peaceable temper, respected in all stations by every one that knew him; he was a boatswain of a man of war.

Sarah Hallgeel . I am wife to the other evidence, the prisoner always behaved very well, and was always very fond of his wife; they lived in great harmony together, he was very fond of her, never desired her to wash her own clothes, I never knew him to lift his hand against her in my life; I have known him 14 years.

Eadey Launder. I have known him 26 years, he was always kind and tender to his wife, I never heard to the contrary; he is a very honest hard working man, quite a civil man.

Guilty of Manslaughter . B .

There was a detainer against him for assaulting his wife.

364. (M.) George Butford was indicted, for that he, together with + Michael Doyle , (who was cast for transportation at Hickes's hall last sessions for another offence) for stealing six whips mounted in silver, value 20 s. four jockey whips mounted in silver, and two walking whips mounted in silver , the property of William Green , April 5 .

+ See the trial of Mallet and Hull for the same offence, No 273 and 274, in last sessions paper.

The prosecutor was called and did not appear.

Acq.

365. (M.) William Gray was indicted for stealing an iron firmer, value 2 d. an iron gouge, value 2 d. ten planes, value 3 s. one saw value 18 d. one wooden square, value 2 d. and one iron rasp, value 2 d. the property of William Elliot ; one pair of leather shoes, value 6 d. and one hempen bag, value 2 d. the property of Daniel Gasney ; two saws, value 1 s. and one ax, value 1 d. two firmers, value 6 d. three gouges, value 6 d. one awl, value 1 d. and five planes, value 2 s. the property of Isaac Redgrave ; two planes, value 2 s. one screw-driver, and three chissels , the property of James Richardson , June 9 . *

William Elliot . I am a carpenter , the tools mentioned in the indictment were taken out of a house where we were at work, in Edward-street , on Whitsun Tuesday at night.

Samuel Oliver . I am a watchman, I stopt the prisoner as I was calling the hour eleven, on Whitsun Tuesday at night; I first saw him in Titchfield-street; I went and took him when he got into Wells's-street, he had the things with him; I asked him what he had there, he said he had got his tools; he wanted to drive on, I laid hold of his shoulder, and said, I must see what you have got; he threw them down, and endeavoured to make his escape; he ran off, then I rung my rattle and ran after him towards Oxford-road, and called stop that fellow; he was stopt by a gentleman, then I brought him to the bag, and brought him and the tools to the watch house; going along I said, you certainly got these tools out of some new building, I shall find it out to-morrow; he said he got them out of a new building by the Coach and Horses; I found the place, he had told me right, just by Lord Foley's house (the tools produced in court, and deposed to by their respective owners.)

John Cordey . On Whitsun Tuesday in the evening, about a quarter after eleven, I heard the cry stop thief at a distance; I waited at the corner, presently the prisoner came running very hard, I catched him, the watchman came and took him in charge.

Prisoner's defence.

I found the tools in a bag, near Lord Foley's house.

Guilty . T .

366. (L.) Henry Sumner was indicted for stealing a bay mare, value 4 l. the property of John Saunders , June 5 . +

John Saunders . My boy turned my bay mare into the fields, on the 4th of June, about a mile from my house at Hornchurch in Essex ; I had had her at work that day; the next morning the gate was open, and she was missing out of the field; we track'd her into the road; I rode about to see for her, from six to about two in the afternoon; then I set out for Smithfield, I got there about four; I put my horse up at the King's head, then went and looked about the market, but could not see her; then I went to the inn, and called for my hobby again, and at the man went to fetch him out, I clapt my hand upon my own bay mare; (this as about eight at night) she is a draught bay mare, with two white feet behind, and blind; I bought her the first of May last at Chelmsford; I asked the ostler whose horses these were; he said, they were his master's, all but one; I said, that was the mare I had been looking for, and I would swear to her; he called Mr. Leader his master out; I had been and described her marks at the book when I first came into Smithfield; I took Mr. Leader to the person belonging to the book; when he saw how I had described her, he had no objection to my taking her out; the next morning the prisoner was taken.

Henry Leader . I keep the King's-head inn in Smithfield; the first time I saw the prisoner was on the 5th of June last, he had a blind bay mare stood tied to the rails at my door, with a bit of a cord round her neck; there was a man telling me he had bought her for two guineas, and the prisoner would not let him have her; he desired me to go and speak to the prisoner; the prisoner told me he had not sold her to him, but he had sold her to another man for three guineas; some time after I missed the mare from the rails, after that my man told me he had put her into my stable; (this was I believe near one o'clock) about four o'clock Mr. Spencer came to ask for the bay mare, and said he had bought her; I told him I supposed he was imposed upon, for here had been a man that said he had bought her a little before you for two guineas; then said Mr. Spencer, I will not have her, except the man will take two guineas; he left two guineas in my hands to pay for her, and went away; I then could see nothing of the prisoner, then I began to suspect she was stole; about seven or eight Mr. Saunders came and owned the mare, he gave me a receipt, and I delivered her to him; the next morning the prisoner came for the mare or the money; I said, old gentleman, I fancy you have made a mistake, I believe you stole this mare; he said he had not, it was his brother's; I said Mr. Saunders of Hornchurch had been and owned her, and I should keep you till you bring persons to give an account of you; he was taken to the Compter; I went on the Sunday for Mr. Saunders, he came on the Tuesday, then the prisoner confest he stole the mare, and owned she was Mr. Saunders's property.

William Hill I am ostler to Mr. Leader, I saw the prisoner tie the bay mare to the rails; in about an hour and a half after he ordered me to put her up, and lock her up, which I did; Mr. Saunders came after that, and ordered me to put his poney up; I did in the same stable, and at night when he came for his poney, while I was putting the bridle on, he clapt his hand on the bay mare, and said, I know something of this bay mare; he took her out and looked at her; and said she was his mare; then I went for my master, and Mr. Saunders took her away with him; I was in the yard the day after, about half an hour after eight the prisoner came and asked if the gentleman had been there; I said I would go and ask my master, my master came and took him in custody.

Allen Spencer . I bought a blind bay mare of the prisoner at the bar, at the rails where she was then tied, opposite the hospital-gate, on a Friday, the same day the gentlemen have mentioned, for three guineas; I went to the man to toll her, and he was not there; I then went and told the prisoner, I would call and pay him for her at three o'clock; when I came back at one, or half an hour after, I could not find the prisoner; I was with him when he put her up in the King's-head stable.

Q. to Hill Did you see Mr. Spencer when the prisoner put up the mare in your master's stable?

Hill. Yes, Mr. Spencer was along with him.

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

Prosecutor. Yes, he is a day-labouring man, he had lived in our parish, he had not left it long; our parish of Hornchurch is about fourteen miles from Whitechapel.

Prisoner's defence.

I expect some witnesses to-morrow, but not before, I follow farming business.

Guilty . Death .

367. (M.) Thomas Richardson was indicted for stealing a silver pint mug, value 36 s. the property of John Jones , July 2 . +

John Jones . I keep the Salutation alehouse in Tavistock-street ; the prisoner used my house about a fortnight or three weeks, but I did not know where he lived; I lost a pint silver mug the last of June, or the 1st of July; there was an advertisement in the paper of the 1st of July, put in by Mr. Hemmings, describing the mug; I went there, and they described the prisoner, so I suspected him; I had intelligence of his being at the Star and Garter in Pall-mall; I went and took him, and carried him to Mr. Hemmings's, and from thence to Sir John Fielding 's.

Benjamin Leaver . I am servant to Mr. Hemmings in Bond-street. On the 2d of July he called me out of the workshop into the parlour, and said the prisoner, who was there, had offered him a pint mug to sell, whom he suspected not to have come by it honestly; he desired me to go along with him to a person that was to give him a character; he had told Mr. Hemmings he lived in the neighbourhood, and there were people near that could give him a character; he took me to the corner of Lancaster-court in Bond-street, to a public house, and said he would send for a friend of his; he called for a pint of porter, and the people of the house sent for his friend; but before any body came, he ran away out at the back door. In our conversation going along, he told me the mug was sent him out of the country to dispose of; Mr. Hemmings advertised the mug, and the person that brought it, and Mr. Jones came and owned it; (produced and deposed to;) the next time I saw him was the Tuesday following, then Mr. Jones brought him to our shop.

Prisoner's defence.

I was going to drink a pint of beer, and met an acquaintance, a taylor; he asked me if I was a taylor; I said I was; then he asked me if I was a Dung; I said I was; he said he was a Dung also; that is, one that works for half a crown a day; he asked me to drink; I went with him; he went out, and I went after him, and when I came back again to the public-house, this man was gone; I went home to Pall-mall, I met this man again; he told me he had a pint mug to dispose of, and the dared not dispose of it, he being so shabby and ragged he desired me to do it; I gave consent, and said I would go the next morning; not going to work that morning, I went to this house in Bond-street, and from thence to Mr. Hemmings's with the mug; he asked me if it was my own; I said if he disputed it, I would carry any body to the house of the man that gave it me; he sent his man; the person was there that delivered it to me; when I went in. I saw him slip out at the back-door; I followed him down the street to Pall-mall, but could not overtake him, and have never seen him since; I never was in his company before in my life.

To his character.

George Hunter . I am a chairman; the prisoner was brought up, and put out apprentice by the parish of Richmond in Yorkshire; I have been acquainted with him down to this time; he always bore a very good character.

George Vigers . The prisoner served his time to the same man that I did, and he was servant to me three years after; he behaved very honest; I have been acquainted with him ever since he was three years old, till a fortnight before Easter last; he worked for Mr. Lynch in Pall mall.

Guilty . T .

368. (M.) Joseph Fletcher was indicted for stealing a looking-glass with a mahogany frame, value 20 s. the property of John Cookey , April 14 . +

John Cookey . I live in the parish of St. John's, Wapping On the 14th of April, between eight and nine in the evening, I lost a looking-glass and several other things, but they are not in the indictment; Mr. Brebrook sent for me to look at some things; I went, and there I saw the glass; I knew it to be my property.

James Brebrook . An evidence that had convicted some persons here last sessions, named Hyam Jacobs, told me there were some looking-glasses at one Abraham's, a Jew, in Whitechapel; I went there, and saw three looking-glasses; I brought them to my house; (a glass produced in court, deposed to by prosecutor.)

Hyam Jacobs. On the 15th of April in the morning, I went down between nine and ten, and saw Israel Cowen buy this glass of the prisoner at the bar, in Edward William 's room in East Smithfield; Williams is now under sentence of death; he was cast last sessions, and Cowen to be transported 14 years. Abraham gave Cowen 15 s. for it; I was by at the time.

Prisoner's defence.

I never sold a glass in my life.

Acquitted .

See William's trial, No 323, in last paper.

(M.) He was a second time indicted, (together with Henry Hughes not in custody) for stealing a looking-glass, value 20 s. the property of James Farnsworth , April 18 . +

A looking-glass produced by James Brebrook , and deposed to by the prosecutor, which he had taken out of his house near the Hermitage, about the middle of April.

The next evidence was Hyam Jacobs, which the court did not think proper to examine, as there was no evidence of credit to support his testimony.

Acquitted .

369. (M.) James Smith was indicted for steal- a 9 s. piece, and 1 s. in money numbered, the property of David Morgan , privately from his person , June 12 . *

David Morgan . I met the prisoner one evening about the beginning of June, about ten at night, and asked him the way to St. James's-street, St. James's palace; I came from South Wales, and was a stranger; he came along with me; (I had never seen him before;) I had him in at the King's Arms, in Catherine-wheel yard , to give him a pint of beer, then it was between eleven and twelve; he said he was afraid he should be locked out, and he would lie along with me; he lay with me at that house; the next morning, when I awaked, there was no body in the bed with me, that was between seven and eight; I got up, and found I had not a farthing left in my breeches; when I went to bed, I know I had a 9 s. piece and two six-pences; I felt all the three pieces. I went to see for a countryman to borrow a couple of shillings of, at the Ax and Gate in King-street, there I saw the prisoner sitting in the house; I went out to see if I could find any of my friends, Welch chairmen, to help to take him; I could not see any; while I was speaking to a stranger at the door, the prisoner went out at the back door; after I had told the people what had happened, one went one way, and another another, and he was taken that day; I saw him in the Round-house, and before Sir John Fielding ; there I told how I had had my pocket picked; the prisoner said he never saw my breeches; he did not deny lying with me; I came to London but the Wednesday before, and this was done on the Friday night.

John Osborn . I live in King-street, Westminster, by the Coach and Horses; the prisoner came to me about seven o'clock that morning he was taken, to have his shoes heel-pieced; the girl of the house came out to me to have a 9 s. piece changed; I at first refused changing it, but on account of the people not being up I did; she said, the man could not pay his reckoning without he could get it changed; after that one of the chairmen came and asked me to look at it, the prisoner was then gone; I did not understand it to be his money then; they sent for me into the house to look at the piece; I went and showed it them: then I said, I dare say the man will call again for his shoes, I had lent him a pair of slippers; he came about three hours after; I asked him to come in, and put his shoes on; he said he was in a great hurry, and could not; he did come in, and a man went in at the Ax and Gate, and told of it; the prisoner then said, upon being asked about it, it was his own 9 s. piece; (the prosecutor was not there then;) after that, the prisoner went away, and I went after him, and catched him; after that, the prosecutor came, and desired me to go with him to Justice Fielding's, as I changed the money; I went and told the Justice I changed the piece of money; the prisoner said he took that piece of money at Brentford.

Prisoner's defence.

The prosecutor actually said he would give me more beer, but he had no more money; we went to bed, and he put his breeches under his head.

Q. to prosecutor. Who went into bed first?

Prosecutor. The prisoner did.

Q. Was there any other bed in the room?

Prosecutor. No, there was not.

Q. Was the door secured?

Prosecutor. I do not know that it was.

Q. Was you in liquor when you went to bed?

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

Prisoner. I lived three years with the Earl of Abercorn; I had that evening been helping the servants; the prosecutor met me, and said he was a gentleman's servant, and desired me to show him St. James's palace; I thought it was very odd, when he said he did not lodge there, he said he lodged in Catherine-wheel-yard; it being very late, I lay with him; he got into bed, and lay on his breeches all night; I was born in Sussex, at a place called Westford.

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

370, 371, 372. (M.) John Abbot , William Alexander , and Jeremiah Pump , were indicted (together with Patrick Farrel , otherwise Fennel, not taken) for that they on the 24th of April , about the hour of one in the night, the dwelling-house of Anne Towers did break and enter, and stealing four linen aprons, value 4 s. seven women's caps, value 8 s. one pair of linen ruffles, value 4 s. one pair of ruffle gown cuffs, value 12 d. a pair of shift sleeves, a sattin bonnet, a white silk hat, a linen shift, and a large looking-glass, the property of the said Anne, in her dwelling-house . *

Anne Towers . On the 24th of April I was alarmed by the watchman, about four in the morning, my house was broke open; I live at the bottom of Artichoke lane , only I and my daughter live together; I always go round every night to see that all is fast, for I get my bread by washing, and I have sometimes a great charge of linen; all was fast; when I came down, I found all my drawers open, and the linen mentioned in the indictment gone; the two bolts that bolt the two sashes were taken off, and lying at the street-door.

James Brebrook . I took Abbot at Saltpetre-bank since the last sessions, and took him to Sir John Fielding 's; he wanted to be admitted an evidence; he was told it was impossible he could, as he stood indicted; he acknowledged he was guilty with the others that were convicted last sessions, and said he could give an account of several others; he was told by the Justice, he could not be admitted evidence, but told that what he had said should not affect him here at the Old-Bailey; upon that, I went and took another with me, and took another person in Black-boy-alley, that is now an evidence here in another affair; he told me where this robbery was done; upon which I found out the prosecutor, and I was led to Hyam Jacobs by Mr. Todd, about a gown.

Q. Have you any other evidence besides Hyam Jacobs.

Brebrook. No, there was none but he. All three acquitted .

See Abbot and Patrick Fennel , in the evidence of Hyam Jacobs , on the trial of Williams, page 210.

373. (M.) John Abbot and William Alexander , (a second time) with Peter Wigginson , were indicted, for that they, on the 5th of April , about the hour of one in the night, the dwelling-house of Jane Lindsey did break and enter, and stealing four linen bed-quilts, value 20 s. and eight yards of bed-tick, value 8 s. the property of the said Jane in her dwelling house . *

Jane Lindsey . I live in Ratcliff-highway , I know none of the prisoners. On the 5th of April I had fastened all when I went to bed with my own hands, and the next morning, I believe about four, I found my shutter was taken down, and a pane of glass broke; I missed four bed-quilts, and two pieces of ticking; after that, I was sent for to Justice Fielding, and there I saw two quilts, one I can swear to, the other I believe to be mine; (produced in court.)

James Brebrook . This came out by the confession of Abbot, there is no other evidence. All three acquitted .

(M.) John Abbot was a third time indicted, for that he (together with Thomas Peak and Edward Williams , under sentence of death,) did break and enter the dwelling-house of John Todd , on the 30th of May , about the hour of two in the night, and stealing a pier-glass, value 20 s. a silk gown, two yards of red baize, and other things, the property of the said John, in his dwelling-house . *

The principal evidence in this was Hyam Jacobs; the court did not examine him.

Acquitted .

See the trial of Peak and Williams, No 323, 324, in last Sessions Paper.

(M.) He was a fourth time indicted, for that he (together with Thomas Peak and Edward Williams , under sentence of death, and Patrick Fennel not taken) did break the dwelling-house of Adam Dixon on the 20th of May , about the hour of one in the night, and stealing fourteen linen shirts, value 50 s. a black silk cloak and hat, value 20 s. a silk waistcoat, two nankeen waistcoats, and other things, the property of the said Adam, in his dwelling-house . *

Adam Dixon . My house was broke open, and the things taken away as mentioned in the indictment, but I know nothing against the prisoner but what Hyam Jacobs has told me.

Acquitted .

(L.) He was a fifth time indicted, for that he (together with Patrick Fennel not taken, and Williams and Peak capitally convicted for the same) did break and enter the dwelling-house of Anne Slate , widow , on the 22d of May , about the hour of two in the night, and stealing a woollen cloth coat, value 50 s. a cloth waistcoat, value 10 s. five linen shirts, value 10 s. seven aprons, three child's shirts, three child's shifts, three bed-gowns, and other things, the property of William Cogswell , in the dwelling-house of the said Anne . ++

William Cogswell gave the same evidence, of the house being broke and the goods taken away, as on the trial of Williams and Peak, No 323, 324, with this addition following:

Cogswell. I was sent for to Sir John Fielding , and before I went in to be examined, I asked the prisoner if he knew who was in the house; he told me he was not in the house himself, but that Tom Peak and Tom Reynolds , and Michael Lynch were, and he was on the outside, and there were two men at the corner waiting to see if the watchmen came; he said two of them were weavers, and he was getting into bed, when they called him to go and assist in doing this fact; I asked him what the clothes were sold for; he told me 40 s. I asked him who they were sold to; he said to Cowen, he did not say where, or that he was one of the people at Cowen's lodgings; he said it was impossible to get them again, for he did not know who they were sold to afterwards.

Q. Who was by at this confession?

Cogswell. I think Mr. Todd and Mr. Ripley were by at the same time.

James Brebrook . I was not come at the time of this, but when I came the prosecutor mentioned the prisoner, saying this when I came; it was before the prisoner had been with the Justice; (the rest as on the trial of Peak and Williams, Mary Cogswell , and Hyam Jacobs, the same as before in No 323, 324.

Prisoner's defence.

I was going over Moorhelds, and happened to meet these people; as I knew them before, I had heard them talk about this, that, and the other; I knew I was as innocent of the fact as the child unborn; I saw the money paid at the sign of the Raven, they were drinking a pint of purl when I came in; I never was in the robbery; I only said I saw such persons in the alehouse, but they were not in the same settle with me.

He called Thomas Preston , a publican, and John Ragland , a peruke maker, in Pennington street; the first gave him an exceeding good character; the other had seen him come to his father, but never knew any ill of him.

Guilty . Death .

(L.) William Alexander was a third time indicted for stealing a cheese, weight eleven pounds, value 18 d. the property of George Martin , June 6 . ++

George Martin . I am a cheesemonger , and live in Gracechurch-street . On the 6th of June my boy was in the shop, and I was at supper, I was called down; there was the prisoner and a cheese of mine brought in; Charles West can give a farther account, I can only say the cheese is my property.

Charles West . I am servant to Mr. Martin; the prisoner and another were standing together, I saw them reach a cheese from a shelf from the outside of the window; they walked about two doors from the shop with it; I ran and collared them both; they dropped it on the ground, the other with struggling got away; the prisoner got out of my hands, but I called stop thief, and he was soon stopped.

Roger Fowler . I saw West having the prisoner by the collar; he flung away from him; he called, stop thief; I and another stopped him; I saw the cheese lying on the ground between them, when West had hold of him.

Prisoner's defence.

As I was going up Gracechurch-street, one man was running after another; the first dropped a cheese about a couple of yards from me; this man took hold of that man and me; the other man got away, and he kept me.

Guilty . T .

374. (M.) Michael Farrel was indicted for stealing a silver tankard, value 5 l. the property of Joseph Rowland , May 29 . *

Joseph Rowland . I keep the Black Lion alehouse in Covent-garden ; I have seen the prisoner in my house. On the 28th or 29th of May I lost a silver tankard, it was missing in the morning between one and two, before I went to bed; I went over to Sir John Fielding 's, and desired hand-bills to be dispersed about, and about eleven the next day, a gentleman here sent up to my house, to let me know he had stopped such a tankard; I went to his house at Charing-cross, and there saw it; I know the prisoner was in my house the evening before it was lost, he told me he expected somebody to come to supper with him.

Stephen Hardeside . I am a silversmith, and live at Charing-cross; the prisoner came to my shop on the 29th of May, about nine in the morning, and asked what I would give anounce for this tankard; (produced and deposed to by prosecutor.) I weighed it, and marked upon it that I would give 5 s. an ounce; he told me he would go back to the gentleman that sent him, and ask him if he would sell it for that, and he would give me the preference; he went away, and the paper came; I was reading an advertisement about it being stolen; he came back at the time I was reading it; he said, the gentleman would let me have it at the price; I stopped it, and told him it was stolen from the Black Lion, Russel-street, Covent-garden; he seemed very cool, not affrighted, and said he would go back and tell the gentleman; he went, but never returned again; I sent to the prosecutor, to let him know I had got his tankard.

Prisoner's defence.

The person I had it of owed me two guineas; he desired me to sell it for him, and he would pay me; I brought it to Mr. Hardeside, and told him I had it to sell for another person.

He called Mr. Bath, with whom he had lived a year and a half, who deposed, he looked upon him at that time to be honest and sober.

Guilty . T .

375. (M.) William Mallet was indicted (together with Samuel Stevens , Charles White , and John Williams not in custody) for breaking and entering the dwelling house of Robert Peacock , on the 29th of June , about the hour of one in the night, and stealing eleven paste and garnet rings set in gold, value 5 l. two garnet rings set in gold, value 20 s. twelve fancy rings set in gold, eight correlian and onyx rings set in gold, and a glass ring set in gold, the property of the said Robert, in his dwelling house . +

Robert Peacock . I live in the Strand ; I have two shops, one a cabinet-maker's, the other in the jewellery way , within one door of each of other; my sister and a servant live in the jewellery shop. On the 29th of June I was called up between five and six in the morning, the window was cut through of that shop, and some rings and several things taken out; these things mentioned in the indictment I lost, and more. I applied to Sir John Fielding on the Monday, to get hand bills dispersed, and on the Tuesday night I was sent for to Sir John's; there was the prisoner and another person, and the things mentioned in the indictment were produced by Wright; (produced in court and deposed to;) here are the private marks of the shop on them.

William Jones . I am an engraver and enameller; Mallet, John Williams , and I, went to the prosecutor's shop, as we had before agreed; Stevens and Charles White helped us, they have not been heard of since; we broke a hole, and took the things out, I believe these things here are the same; then we went in to the Almonry, to one Doleman's, a public-house; Stevens went to bed there, Malletland and I went to the Red Lion in Piccadilly; we got up in the morning, and met Stevens in the Hay-market; he told us, Justice Fielding's people were about with bills; then we went to Doleman's, there we left the boxes and necklaces; Stevens sold some to a Jew; Mallet and I were taken that night in Cranbourn-alley, by Henry Wright , his brother Edward, and one Cornish; they took us to the Brown Bear , and sent for the prosecutor, and these things were taken out of Mallet's pocket.

Henry Wright . I, my brother, and Mr. Cornish, who keeps the tap in Tothill fields, Bridewell were coming through Cranbourn-alley; there were Mallet and this evidence, and a woman between them, talking very busy; Mallet had been in custody three or four times before; I catched hold on Mallet's hands, I saw he was going to throw something down upon seeing us; he had a rag in his hand; I felt something in it; I put it in my pocket, and I laid hold of Jones, and took them to the Brown Bear in Bow-street; there I opened the rag and there were thirty four rings in it; there was Mr. Marsden, he sent me to the prosecutor, he came and owned them: the prisoner said before Sir John Fielding , he found them along with Williams.

Walter Cornish confirmed the account Wright had given.

Prisoner's defence.

I met Williams in Long-acre; he told me he had been about the country, and had got some rings and things to sell; he asked me if I knew where he could sell them; he gave them to me, and I said I would try if I could sell them.

Guilty of stealing the goods only . T .

See him tried for stealing whips, and Stevens for receiving one of them, No 273, 275, in this mayoralty.

376. (M.) Francis Parsons was indicted (together with Edward Stroud and Richard Jones , both cast for transportation, for stealing a pair of shoes, value 2 s. the property of William Hodgskins , and a flag basket, value 2 d. and three hempen cords, value 9 d. the property of William Mingey , June 7 . *

There was no evidence against the prisoner, except what was given in the former trial, (see No 117, 118, in this mayoralty) by Marston, an accomplice, and he was gone at large; the prisoner was acquitted .

See the prisoner an evidence against Usher, Abrahams, Munday, Taylor, and Carpenter, No 182, 183, 184, and 185, in Mr. Alderman Bridgen's Mayoraley; and see him tried, No 172, in Mr. Alderman Nelson's.

377. (L.) Samuel Angel was indicted for stealing five pounds weight of sugar, value 18 d. the property of persons unknown, June 25 . ++

Acq.

378. (L.) William Willoughby was indicted for stealing a live cock, value 3 s. the property of a certain person unknown, July 9 . ++

William West . Yesterday se'nnight, in the morning, as I was beating the hour two in Bishopsgate-street, the prisoner came by with a live cock under his arm; I stopped him; he said he had it from his mother's; then he said he found it at the bottom of Bishopsgate-street, then he said he found it in an alley by where I met him, called Catherine-wheel-alley; I have taken some pains to find an owner to the cock, but I cannot.

Acquitted .

379. (L) Henry Litters was indicted for stealing a pair of leather shoes, value 2 s. 6 d. the property of John Knight , July 14 . ++

James Swadle . I am foreman to John Knight , a shoemaker in Birchin-lane ; the prisoner came into my master's shop the day before yesterday, and said he wanted a pair of shoes; I showed him some; he gave me a deal of trouble; he tried a pair, and pot them under a chair, none would please him; he went out of the shop, then he stood looking through a pane of glass; I went to the farther end of the shop, then he came in almost double, with his head almost to the ground, and conveyed them under his left arm, and just as he got to the threshold of the door I catched hold of him (produced and deposed to;) I sent for his mother by Mr. Knight's desire; he was for turning him about his business, but his mother begged for God's sake he might be sent abroad, for he was a very bad lad, and his uncle sent word to me the same yesterday.

Guilty . T .

380. (L.) Anne Brewer , widow , was indicted for stealing 2 s. 6 d. in money, numbered , the property of John Clarey , July 2 . ++

John Clarey . I keep a public-house , the ship in Gravel-lane, Houndsditch ; the prisoner was my servant , she lived with me but a few days; I had been very ill, and trusted my daughter to take money; after two nights, she told me she missed money out of her pocket on nights; I marked some, and put it in her pocket; it was marked as follows, one queen Anne's shilling marked on the head side with the name John Allen , one king William's shilling bruised on the cross-side in two places, one 6 d. of James the Second, one king William's 6 d. with a flaw on the cross-side, one king William's shilling marked on the head side 283, one queen Anne's 6 d. marked with the letter O and a cross, one George the Second's 6 d. with four scratches on the cross side, one plain shilling marked on the edge with the letter V. one Charles the Second's 6 d. with a scratch on the head, one 6 d. with the letter O and two scratches over it, and one ten-penny piece of Jacobus, and some not marked; I took the marks in writing (produced in court) dated July the 2d, 1767.

Agnes Torrent . I having missed money. I told my father of it; he marked some money, and I put it in my pocket, and when I went to bed I put it under my head as usual; my sister lay along with me, the deprived of her senses, the prisoner lay in another bed in the same room; in the missing I found my pockets upon my pillow, I bought them down, she being in the room, and examined them when below; I missed two shillings and six-pence; I told my father, he sent for the people that saw it marked, and the constable; we called the prisoner into the kitchen, and taxed her before them; she said she had no money about her, after that she said she had none but what was her own; she put her hand in her pocket, and took out the six-pence marked with two scratches over the letter O; then she said she had no more; they said she must feel again; then she took out two shillings that were marked, and two not marked; we gave the marked money into the hands of the constable, we did not take the other.

John Basden . Here is the money sealed up which the prisoner delivered out of her pocket.

Prosecutor. We examined the money left in my daughter's pocket, and found by the marks these two shillings and six-pence were missing, and they have the marks upon them; the money taken out of the paper, marked a large dent on the side of one shilling, the other 283, and the six-pence two scratches over a round O.

Prisoner's defence.

I once picked up six shillings and six-pence on the bed in making the bed; I brought it down, and delivered it to her; she said, don't let my father or mother know, I shall have a noise; I took up this two shillings and six-pence from off the quilt, and put it in my pocket, and forgot to deliver it.

She called Elizabeth Craige and George Curry , who gave her a good character.

A. Torrent. She never delivered six shillings and six-pence to me, I never heard any thing of it till she came before my Lord Mayor, then she said so, but it is false.

Guilty . T .

381. (L.) Thomas Townsend was indicted for stealing a silk handkerchief, value 10 d. the property of John Martin Leake , June 30 . ++

John Martin Leake . On the 30th of June, between three and four in the afternoon, I was passing down Holbourn; at the end of Fetter-lane I felt a jerk at my pocket, I turned round, and saw the prisoner going down Fetter-lane with something red in his hand; I found my handkerchief was gone; I pursued him, he took into a house about three or four doors down the lane, I followed him, and upon charging him, he either gave me the handkerchief out of his pocket, or I took it out, I do not know which (produced in court, marked L. and a figure of 7;) the house he ran into happened to be the constable's house; he begged and prayed for forgiveness, and went on his knees.

Prisoner's defence.

I was going down Holbourn, and picked up the handkerchief near the pastrycook's; when he asked for it, I said he was welcome to it.

Guilty . T .

382. (M.) Thomas Warwick was indicted (together with two other persons unknown) for making an assault on the king's highway, on Andrew Dodd , putting him in corporal fear and danger of his life, and taking from his person one man's hat, value 12 d. and two yards of green baize, value 6 d. the property of the said Andrew, against his will , July 13 . *

Andrew Dodd . I was walking up the Haymarket about half an hour after ten at night, on the right-hand side of the way, on the 13th of July, Mary Brooks was with me, I felt a sudden jirk at my pocket, and found my handkerchief was taken out; turning about I observed the prisoner at my right-hand, I secured him, and said he had picked my pocket; he past my handkerchief from his right-hand to his left, and dropt it behind a post; I had hold of him with my right-hand, and took it up with my left; then he struck me in my mouth, and knocked me down on my knees; I still kept hold of him; he dragged me into the middle of the road; I tripp'd up his heels, and got upon him; he got from me, and got up; I went then to look for my hat and cloth, and they were gone, I believe his accomplice carried them off.

Q. Did you see the prisoner have your hat or cloth in his hand?

Dod. No, I did not; I seized him a second time, he was not far from me; Mrs. Brooks had hold of him, so he could not get away; I threw him down upon the stones, he cried murder, the watch came and secured him, and we took him to St. Martin's Round-house.

Mrs. Brooks confirmed the evidence he had given.

Acquitted .

Detained to be tried at Hickes's-hall for stealing the handkerchief.

383. (M.) William Nicholson was indicted for stealing a cloth coat, value 5 s. and a man's hat, value 12 d. the property of Abraham Bligh , June 10 . +

Abraham Bligh . I live in St. Anne's-lane, Westminster; on the 10th of June, my coat and hat were taken out of the timber-yard where I work on Mill-bank ; I had been treating the prisoner with a pot of beer, and he left me there, and when I came to look for my hat and coat, they were gone; I suspected him.

John Floyd . The prisoner came into the timber-yard, and went with a pretence to go to work; he worked about ten minutes, then he put on his coat, and took Bligh's coat and hat, and went out at the gate with it; I thought he was going to carry them to him to the alehouse; after that Bligh came into the yard and missed them.

Prisoner's defence.

If he saw me with it, why did he not stop me?

Guilty 10 d. T .

384. Peter M'Daniel was indicted for stealing a shirt, value 5 s. the property of James M'Gee .

Francis Viner and John Haines , the evidences, were called and did not appear.

Acquitted .

Their recognizances were ordered to be estreated.

385. (M.) Thomas Adams was indicted for stealing a guinea and 10 s. in money, numbered , the property of David Metcalf , July 12 . *

David Metcalf . I live in Charles-street, Westminster , and keep the Thistle and Crown alehouse ; on the 12th of July my wife came up stairs, and awaked me; my breeches lay as usual in a chair by my bed-side, and took my breeches to see for some money; there was none; the prisoner had lain up two pair of stairs, my room was on the first floor; I missing both gold and silver, went down and told the prisoner of it, and desired he would let me see if he had not a pocket-piece which I missed among the rest; he pulled out some money, among which there was a guinea and my pocket-piece, and put it in his pocket again; I sent for a constable, who when he came in said, where is the man that has robbed my landlord; the prisoner rose up and said, I am the man; the constable asked him what money he had, he pulled out 5 s. then the constable said, let me pull it out; then the prisoner took out the guinea and pocket piece, and some silver; I had not seen the prisoner but twice before to my knowledge.

William English . I draw beer in the prosecutor's house; the prisoner came in a little in liquor, and ran up a score of 2 s. 4 3/4 d. it being latish, he had liberty to go to bed; the next morning he came down between seven and eight, and desired my mistress to trust him; she said her husband would not like that; he desired to see my master; she went up stairs, and he followed her; when he came to the top of the stairs, my mistress said she did not chuse to awake him; she came down again, he seemed to go into the back room, where was a lad cleaning of shoes; I went up in a few minutes after, and saw him coming out of my master's room; he came down, and had two or three pints of beer, and paid his score he had ran over night; after that, my master came down, and said it was very odd he should be robbed; the prisoner made no answer; then he arose up, and wanted to go, but was stopped; I went for a constable, and saw the money taken from him, about 12 s. 6 d. a guinea, and pocket-piece; I heard my master say he would swear to the pocket-piece.

Charles Forward . I am a constable, I was sent for; when I came there, there was Mr. Noaks, the constable; there lay the pocket-piece on the table; he was persuading the prisoner to give the prosecutor his money again; the prisoner was very resolute, and said he had none; then Mr. Noaks said, let me take the money out; I had asked the prisoner two or three times what money he had; he said but 5 s. then Mr. Noaks took out a guinea and 12 s.

Prisoner's defence.

I went in much in liquor, and lay on a little bed; in the morning I had two or three pots; I never was nigh my landlord; he said he had lost a guinea and 10 s. and a pocket-piece; he charged me with it; they took and tied my hands, and a man took my money out: I lost about 15 s. I can swear to a particular half-crown they robbed me of.

Guilty . T .

386. (M.) Joseph Tune was indicted for stealing eleven pigeons, value 11 s. the property of John Lister , July 6 . *

It not being made felony to take animals that are wild in their nature, and these not being mentioned in the indictment tame pigeons, which are a man's domestic property, the prisoner was acquitted .

387. (M.) Sarah, wife of James Dalton , was indicted for stealing three gold rings, value 20 s. two pair of gold ear-rings, value 8 s. a breast stone shirt-buckle, a paste shirt-buckle set in silver, and two garnet shirt-buckles, the property of Christian Daniel Henerickson , privately in the shop of the said Henerickson , July 14 . +

Anne Henerickson . I am wife to the prosecutor; we live in Hemmings's-row in St. Martin's parish, we keep a silversmith's shop ; I was up stairs on Tuesday the 14th of July instant, in the afternoon, between six and seven o'clock; my maid called up to me, and said the shop was robbed; I came down, the maid ran into the street; the woman at the bar was brought in; she took two breast-buckles out of her pocket; we found two gold rings in the shop, just by the place where she stood; we think she must have dropped them; she begged pardon, and promised to pay the money for the others we had not found, at so much a week; there was a gentleman picked up one gold ring in the street, which was brought us.

Anne Wheeler . I am servant to the prosecutor, I had been up stairs; I found the shop door open, and the press-door open in which these things were kept; I saw things lying about; I saw part of a woman's black gown going out at the street-door; I called to my mistress that the shop had been robbed, and ran to the next door, a cook's shop, and asked if they saw a woman in a black gown; the woman of the house said, yes, here is one; there was the prisoner; I picked up a pair of gold wires at the door, and another in the house, within a yard of the prisoner; I said, you are a wicked woman, you have robbed my master's shop; I desired her to come back to the shop; she came back; my mistress said to her, you wicked wretch, you have robbed my shop; the prisoner said, I am a wicked wretch, and I have done it; she was willing to be searched, and begged my mistress would forgive her, and said she would pay so much a week for what was not found; all was then found but one ring, and that was found afterwards; I saw the prisoner take two breast-buckles out of her pocket, and deliver them.

Mary Hall. I keep an eating-house, the prisoner came into my shop; she having a child in her arms, and seemed a poor person, I went to serve her, according to her desire, with two pennyworth of cold meat; presently Anne Wheeler came in, and asked for a woman in a black gown; I said, here is one, (meaning the prisoner;) she said to the prisoner, you wicked woman, you have robbed our shop; what I! said the prisoner; she got up; she was taken back to the prosecutor's house; there was a gentleman going along in the street picked up a gold ring, and a person told him it was stolen, and he delivered it; and just at the coming in at my door, there was a breast-buckle dropped from her; she took two from her pocket, and delivered back.

Prisoner's defence.

I was going that way, a mob was there; I went into the cook's shop for two pennyworth of cold meat; I had been out all day selling cauliflowers; the maid came in, and asked for a woman in a black gown; I said, I have a black gown on; said she, you have robbed our shop; I said no, I never robbed it; I pulled every thing out of my pocket; they asked me if I had any thing; I said I had nothing; they searched me; I had no more than them that I picked up.

Guilty of stealing, but not privately in the shop . T .

388, 389, 390. (M.) Francis Boswell , John Spires , and John Harford were indicted, for that they, on the king's highway, on William Duck did make an assault, putting him in corporal fear and danger of his life, and violently taking from his person 2 s. 2 d. in money, his property , June 23 . ++

William Duck . I cannot say I know any of the prisoners. On Tuesday the 23rd of last month about eleven at night, Mr. Domelove and I were stopped in a hackney-coach at Pancras-wash , as we were going from London to Hampstead; I saw three men, one on the side I sat, and two on the other; it was very dark, I could not discern their faces; I gave them 1 s. and about 13 d. in half pence, which I had in my waistcoat pocket; they seemed very well satisfied, and never asked Mr. Domelove for any thing; afterwards the hackney-coachman asked us our names; he said he would go to Sir John Fielding , and acquaint him with it, which I find he did.

Joseph Domelove . I was with Mr. Duck; what he has said is true, I know no more. I saw only three men, and them I could not know it was so dark.

John Smith . Mr. Duck and Mr. Domelove hired my coach in Smithfield to go to Hampstead; when we were at Pancras-wash, three men came, I thought they had been haymakers; one of them said, stop; I did not; he said, stop again, and shewed me a pistol; I stopped; they went up to the coach side, and asked them for their money; the man was on the off-side; he had a pistol, and there were two on the other side; I heard a man say, behave civilly, two or three times; I went the next morning to Sir John Fielding , and gave an account of three men that stopped my coach in that place.

John Ausser . The three prisoners and I all agreed in King-street, St. Giles's, at the house of Mr. Curtis, to go out into the highway together; I have been acquainted with the prisoners six or seven months, we used to meet together; sometimes we used to go out in different parties, but that times they all went with me; we came to Pancras-wash, and there lay down on a hay-cock; Spires said, here is a coach a coming; we all got up; he had bought a pistol for me on the Monday! night in the Almonry, and this was the night after; Spires went to the coachman, and demanded him to stop; a gentleman put his head out and said, what do you want; Spires said, your money; the gentleman said, I have but little; he delivered it to Spires; Boswell was with me, and Harford was behind Spires, all near the coach; then we went towards Tottenham court-road, from thence to the Hay-market to a night-cellar at the corner of Panton-street, it was then near two o'clock; we staid there till half an hour after three, and all agreed to go out on the next night; we all met at Curtis's house except Harford; we were all but him taken the next night in the road, and Hardford was taken in the morning.

Domelove. It was I put my head out of the coach.

Duck. It was I that said, what do you want, when I saw a man at the door; he said, I want your money; I said, that is very trifling, it will not do you much service.

Joseph Stevenson . I am a constable; I was at the Brown Bear about half an hour after nine in the evening; I found there were three men, Mr. Bond, Mr. Sale, and Mr. Heley, going out in a coach, in order to take the men that did this robbery over night; I went with them; we went in Smith's coach; it struck ten o'clock as we got past St. Giles's church; he drove us up to Tottenham-court-road turnpike, then he turned towards Islington; we were not got above one hundred yards beyond the turnpike, before we saw three men and a woman stand leaning over some rails on the right-hand side; Heley said, he was almost sure they were the three men; I called to the coachman to stop, and we got out, and went up to the men; I catched hold of the evidence, and took a pistol from his bosom; the others laid hold of the other two; we did not find any thing upon them; we brought them to the Brown Bear in Bow-street; there Ausser turned evidence, and told us they had thrown a pistol and two knives away, upon the spot where we took them; we went to the place, and Bond picked up a pistol by the rails, and we found two long knives about twenty or thirty yards off in the field; (the pistols and knives produced in court;) then he gave us intelligence where we should find Harford; we went and found him just by the Gatehouse, where he lodged, the same morning.

George Sale gave the same evidence as Stevenson had done.

Richard Curtis . I live in King-street, Drury-lane, and keep a public-house. On a Tuesday night, about the time this robbery was committed, I remember Boswell and Ausser were both at my house; I do not recollect the other two being there that night; I know there were three or four other people there; they had three or four bottles of cyder; I believe they might stay till about half an hour after eight o'clock.

James Murphy . I live in the Haymarket, and keep a night-cellar; to the best of my remembrance, about three weeks ago, (I do not know the day of the week,) there came in four men, between one and two in the morning; they had two pots of porter, and four pennyworth of bread and cheese, and an odd halfpenny-worth of bread.

Q. to Stevenson. How came you not to wait till there was a greater certainty, here are three lives on the evidence of the accomplice only.

Stevenson. That woman might be a decoy-duck for what we knew; she was taken in custody, but she was discharged.

Boswell called John Smith , Anne Towsey , William Mare and John Chaplain ; Spires called Catherine Clark , and Harford called Sarah Pool , Edward Hewit , and John Baddely , who gave them all good characters.

All three acquitted .

(M.) They were a second time indicted, for breaking and entering the dwelling-house of Jeremiah Nicholls , on the 15th of June , in the night time, and stealing 20 s. in money numbered, the property of the said Jeremiah . ++

Jeremiah Nicholls . I live in Moore-street at the King's Arms alehouse, St. Anne's, Westminister ; we went to bed about a quarter before twelve on the 15th of June, and about a quarter before two, the watch called me up, and told me the cellar-window was broke open; I got up, and found it so, and found the door between the cellar and taproom broke open; all was fast when I went to bed, my till was taken away with, I believe, about 20 s. in halfpence; Sir John Fielding sent for me about a fortnight after, then Ausser had given information against the three prisoners.

Richard Curtis . One morning, about the 16th of June, as I opened my house, Boswell's wife came in and asked for some gin; she said she had a good many halfpence; I took 2 s. of her; Boswell came in about nine, and said, did not my wife leave a shilling or two in halfpence; I said yes; said he, I wish you would take three more to make it up 5 s. I did; while he was telling the halfpence, the other two prisoners came in; they desired I would take 5 s. of each; I changed for them half a guinea's worth, and two five shillings worth; after that, I was sent for to Sir John Fielding 's; this, I think, was about a week before they were apprehended.

John Ausser . The three prisoners and I broke the prosecutor's house open, I cannot tell the exact time; we took 23 or 24 s. in halfpence; we changed halfpence at Mr. Curtis's, as he has said, about seven or eight o'clock the next morning, and joined, and had three pounds of eels for breakfast.

Curtis. They had eels for breakfast at my house, when they changed the halfpence.

Boswell's defence.

Since I have been in confinement, I have heard there are two indictments against Ausser, for stealing sheep and pigs; he goes by the name of Bradley; Spires told me, there was a drover would be glad if I would put 5 s. in halfpence off for him; I went to Mr. Curtis, and asked if my wife had been there with halfpence; he asked if I had any more; I gave him 3 s. more.

Spires's defence.

I met Ausser in Covent-garden; he desired me to change some halfpence, saying he was loaded with them; he asked me to go and be a penny; Ausser went with me, where were two girls in bed; he went to bed to them, and I left him in the room; by that time it was late; I had rather lose half a day than have words, so I came again to the new alehouse, and sent for Boswell out of bed, and asked if he would change them halfpence for me; then Ausser gave me five shillings worth, and five shillings to Boswell's wife for her husband to change; Mr. Curtis gave her 1 s. in silver, and said it was all he had; she went home; then he came and brought 3 s. more; after that, Harford went and asked Curtis to take 5 s. in halfpence to change; Curtis gave him half a guinea, and then we had eighteen pennyworth of punch.

Harford's defence.

The evidence met me in Covent-garden, and took me to Boswell; then we went to Long-acre to two girls; there the evidence gave us the half-pence to change, and in the morning we went to the public-house, and there changed them.

All three acquitted .

391, 392. (L.) George Mackey and John Gunn , were indicted for stealing 74 pounds weight of sugar , the property of persons unknown, July 16 . ++

Archibald Maughsing . I was the officer of the night; the watchman stopped the two prisoners with two bags of sugar, yesterday morning about half an hour after two o'clock; he brought them into the watch-house.

Richard Watts . I am a watchman; Spittle and I went home with a man that was sick; coming back, we met the two prisoners, one of them had a bag of sugar, and the other a bag of sugar and a hatchet; we took them to the watch house; they first would have persuaded us it was rice; then they said it was sweepings; then they said the mate gave it them; then they said they found it on board a lighter, (produced in court.) I believe there is better than an hundred weight of it.

Abel Spittle confirmed the account he gave.

Mackey's defence.

I was the watchman on board the lighter; I went on shore to get a pint of beer, and when I came on shore again, I found this sugar in a hammock: we did not know who it belonged to, but were willing to carry it home to return it to the right owner.

Gunn's defence.

We went to get some beer at the Antigallican; when we returned, we found a hammock tied up, and this sugar in it; how it came there, or whose property we could not tell, and we went to take it home for our family's use.

Both guilty . T .

393, 394. (L.) William Westwood and George Wilson were indicted, for stealing ten bushels of soot, value 5 s. the property of John Lucas , May 29 . ++

John Lucas . I live in Water-lane, Fleet-street, and deal in soot and coals . On the 29th of May, the two prisoners offered me ten bushels of soot to sell; we agreed for it; when I was going to pay them, a lad came and told me, that soot was taken out of my warehouse, and gave me a clear account of it; I went to Westwood, and told him, I thought he had no visible way of getting it; he said he brought it for two men, named Rotherham and Doeg, upon which I sent for them; Doeg came, and said, he never sent him to sell soot in his life; this was in the prisoner Wilson's hearings; the other was gone to Limehouse; I sent for him the next day; he came, and said he had not sent them with any. I went into the yard, and said to Westwood, how did you came by this; he said, it is my own; I said, you certainly have stole it; he said, one of the sacks was his own; I paid him 2 s. for one sack, I had great room to suspect them; Wilson was my servant; I went for the officer, and charged them, and they were carried to the Compter, and on the Monday before the fitting Alderman.

Philip Molyneux . I am apprentice to Mr. Lucas, I am a chimney-sweeper; I saw Westwood take a sack of soot out of my master's cellar, on the Saturday night; Wilson at the same time said it was my master's sack; Westwood brought it out of the cellar, and Willson filled it in the cellar; they sold it to my master; they offered to sell twelve bushels in all, there were four sacks; Westwood used to go about with coal carts for my master, and sometimes worked for him as a labourer.

Q. to prosecutor. How came you to by it, after you had heard it was taken from your cellar?

Prosecutor. He insisted upon it is was his own; they go about the streets and get it to sell.

Dorothy Fawcet . I saw Westwood bring two sacks out of the cellar, and put them down into the yard, and offered to sell them to the prosecutor, my master; master was in the counting-house at the time, the time the other witness mentions; I did not see Willson at that time.

Westwood's defence.

The soot was my own, I had it in my own room.

Willson's defence.

I know nothing about it, but Westwood came to me, and asked if my master was at home, and said he had brought some soot.

Both guilty . T .

395. (M.) Thomas Duncomball was indicted for stealing one pair of worsted stockings, value 1 s. one pair of thread stockings, value 1 s. one pair of cotton stockings, value 9 d. one shirt, value 2 s. one knife, value one penny, one pewter spoon, value one penny, two linen handkerchiefs, value 1 s. and 2 s. in money numbered , the property of John Bentiman , June 22 . +

Sarah Bentiman . My husband is named John; I was going out a haymaking, and left the things mentioned in the indictment, between the bed and the sacking, (mentioning them;) the money was in a tin cannister; this was three weeks ago last Monday; this was in Kingsland-road where I lodge, the prisoner lodged in the same room; I come from Staffordshire; I never worked a day with the prisoner in my life; when I came home at night, I found the bed all ruffled about, and missed the things mentioned, and a pound and a half of mutton; I charged the prisoner; he told me where he sold them, but I could not get any of them again.

John Bentiman . I am the husband, we lodged at Mr. O'Neal's, at the Lock of Hair in Kingsland-road; the prisoner lodged in the room where we did, but one night he came to bed between eleven and twelve, and we left him in bed when we went to work; there were two beds in the room, and a curtain between; I never saw the prisoner from that time till last Monday, when my landlord took him up; he then told where he had sold my things; he owned to the taking two handkerchiefs and three pair of stockings.

The prisoner said nothing in his defence.

Guilty . W .

396, 397, 398. (M.) Edmund Millington , John Cross , and John Barnard , were indicted, the two first for stealing three pecks of malt, value 3 s. and a hempen sack, value 2 d. the property of Thomas Greenhill , Peter Reynolds , and John Postin ; and the other for receiving the same, well knowing it to have been stolen , July 13 . *

Thomas Greenhill . Peter Reynolds and John Postin are my partners in the malting and corn way ; at Fulham I found the malt mentioned in the indictment in Barnard's bed-chamber last Monday; there were about three pecks of it and a sack; he lodged at Sprat-castle, a house about half a mile out of town; there is T. Greenhill marked on the sack, it belongs to us in partnership; we had lost some ducks, and we suspected him, and in searching found the malt; I took him up, and before the Justice he said he bought the malt, the 2d of June, of my man, that is John Cross , for 2 s. 9 d. Cross had been sent to Newgate the day before for the ducks; the real price is now 5 s. a bushel.

Thomas Deadman . I am a constable; I searched the house of Barnard, and found a sack with T. Greenhill on it, and some malt in it.

All three Acquitted .

(M.) Edmund Millington and John Cross were a second time indicted for stealing seven ducks, value 7 s. one goose, value 2 s. and two hens, value 2 s. the property of John Postin and Peter Reynolds ; and one hempen sack , the property of John Postin , Thomas Greenhill , and Peter Reynolds , July 13 . +

John Postin . Peter Reynolds and I only are partners in the hens, ducks, and geese; we lost seven ducks, two hens, and a goose, last Sunday night, out of a workshop; we put them in between nine and ten, and missed them in the morning. Millington was taken with five ducks and two hens; he and the fowls were carried before Sir John Fielding ; I saw them there; I could have known the hens from a thousand, they were laying hens; I do not swear to the others, but the prisoners both acknowledged them all to be ours, and that Cross had the two ducks and geese.

Thomas Brian . I am a watchman, between one and two o'clock on Monday morning, I and another watchman were in Charles-street, Berkeley-square; there came Millington with five ducks and two hens in a sack, all dead; we secured him; he acknowledged a young man stole them at Fulham, and gave them to him, and that a young squint-eyed man had got two ducks and a goose (they were never found) and that they belonged to Mr. Postin and Mr. Reynolds; I went and told Mr. Greenhill of it; he got a constable, and took up Cross; they were taken before Sir John Fielding , there they both acknowledged the crime; Cross said he was drunk at the time, and did not know what he had done with the two ducks and geese.

Postin. The sack belongs to the partnership in the corn-trade, to all three of us.

Millington's defence.

I was in liquor, and met Cross at eleven o'clock; we found a sack in the road; we came as far as Walham-green, there we parted; I met a watchman near Berkeley-square, he stopt me, the fowls were in the sack.

Cross's defence.

We found them all together.

Mr. Greenhill. Cross had been our servant, and behaved well for a year, but after that used to get drunk, and we turned him away.

John Cheasemore , a master carpenter, with whom Millington had worked journeywork four years, Isaac Thompson , John Hyate , and Mr. Moss, all gave Millington a good character, exclusive of this offence; and Thomas Deadman , Richard Gibbons , and John Wilcox , said they had known Cross some years, and never knew any ill of him before.

Both Guilty . B .

399. (M.) Martha, wife of Peter Stodard , was indicted for that she, on the 4th of June , about the hour of one in the day, the dwelling house of George Hoy , did break and enter, no person being therein, and stealing a coat and waistcoat, value 20 s. a man's hat, value 5 s. a perriwig, value 5 s. a shirt, value 5 s. a pair of worsted hose, a silk handkerchief, a gold ring, a pair of iron shoe-buckles plaited, a moiodore, a 6 s. and 9 d. piece, a quarter guinea, and 14 shillings in money, numbered, the property of the said George, in his dwelling-house . +

George Hoy . I am a labouring man , and live in Dowl-street, Wapping , the prisoner was my next door neighbour; I went out to work on the 4th of June, about five; my wife died about a fortnight before, so I locked up my house, and left nobody in it; I came home about six in the afternoon, and found my back-door open which I had left bolted with two bolts; I had but one room; I missed the clothes, ring, and money mentioned in the indictment; the money was taken out of a corner-cupboard which I left locked; two days after I saw my coat hanging up at Mr. Coloman's door in the Minories; he told me he bought it of a woman, which he should know could he see her; he described the prisoner, I took her to him; he said he bought the gold ring of her, but had sold it; I got a search-warrant, and searched her house, and found my hat and shirt, a pair of stockings, and a handkerchief (produced and deposed to;) her husband has since sold all his goods and gone to sea.

David Coleman . I gave the prisoner four shillings for a gold ring, but have sold it; I bought this coat of her for seven shillings (produced and deposed to by prosecutor;) the prisoner said he: husband was drowned the day before at London-bridge.

Prisoner's defence.

I never was in his house in my life.

Guilty of felony only . T .

400. (M.) John Blanch was indicted for stealing six shirts, value 2 s. two pair of worsted stockings, value 1 s. one pair of thread stockings, value 6 d. two linen aprons, four handkerchiefs, one sheet, one linen gown, one stannel petticoat, five pewter plates, four flat irons, a copper chocolate-pot, a copper saucepan, three brass candlesticks, and three leather pocket-books , the property of William Millet , July 14 . +

Mrs. Millet. My husband's name is William; I lived in Broad St. Giles's, but had lived in the parish of St. Martin's, Westminster ; I moved from that place about a fortnight ago, and left the things mentioned in the indictment there.

Samuel Melam . I and one Field stopt the prisoner, with the things mentioned, in the Fleet-market, last Tuesday morning, about half an hour after five o'clock.

James Field , the other watchman, confirmed his evidence; (the things produced and deposed to by Mrs. Millet)

Prisoner's defence.

I found the things in a passage going out of the Almonry into Tothill-street.

He called Mr. Forster and Mr. Pitters. who gave him a good character, exclusive of this just.

Guilty . B .

401. (M.) Martha, wife of John Nicholls , was indicted for stealing a linen shirt, value 2 s. a linen stock, value 6 d. a pair of shirt ruffles, value 18 d. and two red Morocco pocket books , the property of Francis Powel , July 9 . ++.

Acq.

402. (M.) Martha Jones was indicted for stealing a linen handkerchief, value 10 d. nineteen pair of leather shoes, a tin box, a 6 s. and 9 d. piece, two quarter guineas, and sixteen shillings in money numbered, the property of William Pidgeon , privately from the person of Mary, the wife of the said William , July 11 . ++

Mary Pidgeon . I am wife to William Pidgeon , a shoe maker in Whitecross-street; I never saw the prisoner before last Saturday night; I had been out with some goods, and was in King-street, Westminister; I met with her in the street; I said if I was in the city, I could find my way home; she said she would show me; she took me I do not know where, and kept me walking about; she took me round the Park several times; she desired me to sit down, and she would go a little way, and then come and show me; she came and sat down by me, and asked to hold my goods for me; I fell asleep, being tired; when I awaked, she and my things were gone, and a box, in which were two quarter guineas, a 6 s. and 9 d. piece, and 16 s. in silver; she had seen me put my box, with my money in it, in my bosom before; there were thirteen pair of Morocco shoes, and six pair of leather shoes, an apron, and a blue and white handkerchief, which she took also; there were two or three people told me, they could show me the house where she lived, that had seen her with me; I went to the house, and saw some shoes on the childrens feet, but could not find her; I went home, and told my husband of the affair, and went on the Monday, and found her and the goods in her habitation, some on some childrens feet.

Q. Had you had any refreshment?

M. Pidgeon. I had only treated her; we had a pint of beer and a dram each, and she saw me take a shilling out of the box, and put the box in my bosom; when we went before the Justice she said she had lost the box.

John Tudor . I am a constable, I went with a search-warrant to search the prisoner's apartment, but could find nothing; the Justice desired me to take her over the way, to see what I could find out: I asked her if she would confess, and see if it could be mitigated; she took me out, and said, if I would go along with her she would show me where the things were; I went with her to the house where we had been before; she produced ten pair of Morocco shoes, and two of black; (produced in court, and deposed to by William Pidgeon )

Prisoner's defence.

I am charged with what I know nothing of.

She called one King, a milkman, who said she had carried milk for him, and behaved very just.

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

403. (M.) David Reid was indicted for stealing 28 guineas , the property of Thomas Stamford , Gent. Feb. 5 . +

Thomas Stamford . I am an attorney , the prisoner was my clerk ; on the 5th of February I ordered him to write in Clifford's-inn, while I went out upon business, and did not return till about eleven at night; then I found my bureau broke open, in which were 28 guineas, which I had seen the moment I went out; they were gone, the lock and part of the bureau was broke; I called my maid to know if she knew any thing of the matter; she said she knew nothing of it, there had been nobody there but the prisoner writing; upon looking I found this piece of paper; (produced in court) it is his hand-writing; the paper has nothing on it material, it was only to amuse her; he had continued writing the same lines over and over again; I went to his lodgings, and found he was not at home: I heard no more of him, till I received a letter on the Saturday, in his own hand-writing, dated the 5th of February; in it was inclosed a letter to his brother; (both produced in court.)

The letters read in court; in the inclosed letter was to this purport:

"Dear Jemmy,

"We have left these things undone which we

"ought to have done, and done these things

"which we ought not to have done: I have deprived

"Mr. Thomas Stamford of the sum of

"28 guineas; necessity drove me to it; all I request

"it, you will pay him all I have wronged

"him of,"

Signed D. Reid.

Q. When did you take the prisoner up?

Stamford. I took him up last Friday in the evening.

Amey Oakley. I am servant to Mr. Stamford; on the 5th of February my master and the prisoner went out; the prisoner returned and said, my master sent him back to write two hours; he went into the office where he used to write, the bureau was in the same office; I went out of an errand, and when I came back he was gone.

Q. Had any body been in that room besides the prisoner that day?

A. Oakley. No, nobody; my mistress was ill up stair, she never came down; there was a carpenter came in in the evening to need a table; he was not there two minutes and I was there all the time the carpenter was there.

Prisoner. I acknowledge myself guilty of the fact.

Guilty . T .

Former capital Convicts, who received his Majesty's most gracious Pardon on the following Conditions:

To be Transported for their natural Lives.

Thomas Smith , in April 1766.

William Griffith , in October 1766.

Mary Peak ,

Richard Leach ,

Daniel Hobbs ,

Thomas Spines ,

Samuel Collins ,

Henry Johnson ,

John Benham ,

in May Sessions, 1767.

Joseph Morebane , in June 1767.

To be Transported for 14 Years.

Thomas Jacocks , in September 1766.

William Collins , in December 1766.

James Simpson , in May 1767.

David Roberts , in May 1767.

John Harris , in May 1767.

Edward Williams and Thomas Peak , in June 1767.

To be Transported for 7 Years.

Thomas Wise , in July 1766.

Richard Bratton , in July 1766.

John Hill , in September 1766.

John Winter , in December 1766.

William Pattison , in February 1767.

Benjamin Hudson , in February 1767.

Thomas Smith , in May 1767.

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

Received sentence of Death, 3.

John Page , Henry Sumner , and John

Transportation for 14 years, 1.

Anne Smith .

Transportation for 7 years, 36.

John Court, Richard Clark , Joseph Sleath , William Alexander , Henry Litten , Anne Brewer , Thomas Townsend , George Mackey , John Gunn , William Westwood , George Willson , Anne Adams , otherwise Haydon, Elizabeth Doland , John Fisher , Jane Brown , otherwise Dellot, Thomas Lawrence , Thomas Ayleshury , John Avery , Mary Wright , Catherine Goadson , William Cox , Thomas Dawson , Henry Donnelly , William Jones , John Pitman , William Gray , Thomas Richardson , James Smith , Michael Farrel , William Mallet , David Reid , William Nicholson , Thomas Adams , Sarah Dalton , Martha Steward , and Martha Jones .

Branded, 5.

Andrew Hallgeel , John Bagnell , John Blanch , Edmund Millington , and John Cross .

Whipped, 1.

Thomas Duncomball .

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