Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 19 December 2014), January 1768 (17680114).

Old Bailey Proceedings, 14th January 1768.

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 Thursday the 14th, Friday the 15th, Saturday the 16th, and Monday the 18th, of JANUARY,

In the Eighth Year of His MAJESTY's Reign. Being the Second SESSIONS in the MAYORALTY of THE RIGHT HONOURABLE THOMAS HARLEY , LORD-MAYOR of the CITY of LONDON.

NUMBER II. 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. THOMAS HARLEY , Lord-Mayor of the City of London; the Hon. Sir THOMAS PARKER , Knt. Lord Chief Baron of his Majesty's Court of Exchequer *; the Hon. Sir HENRY GOULD , Knt. one of his Majesty's Justices of the Court of Common Pleas +; the Hon. Sir JOSEPH YATES , Knt. one of his Majesty's Justices of the Court of King's-Bench ||; JAMES EYRE , Esq; Recorder ++; and others of his Majesty's Justices of Oyer and Terminer of the said City and County.

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

LONDON JURY.

William Holland ,

Thomas White ,

James Brown ,

Nathaniel Skinner ,

Edward Ascough ,

Robert Holford ,

John Green ,

Alexander Osbourn ,

Thomas Potter ,

William Hall ,

Daniel May ,

John Francis .

MIDDLESEX JURY.

Daniel Barnes ,

Nicholas Hancox ,

Richard Day ,

William Leach ,

John Leader ,

David Morgan ,

Thomas Pass ,

Henry Blandford ,

William Neves ,

William Gates ,

Samuel Cossens ,

William Carrier .

101, 102. (M.) Patrick Swinney and Timothy Crawley were indicted, for that they on the King's highway on Thomas Sadd did make an assault, putting him in corporal fear and danger of his life, and violently taking from his person a silver watch, value 30 s. a horse-whip, value 6 d. and a hat, value 18 d. the property of the said Thomas, Dec. 28 . +.

Thomas Sadd . I am a carpenter , and live at Marybone; I was coming out of Essex on the 28th of December; I was on horseback; in the road between Islington and Old-street , about a quarter of an hour after seven in the evening; I saw two men walking before me in the foot-path, one of them was rather taller than the other; (such were the prisoners,) it was moon-light, and there were lamps on each side of the way; when I was not an hundred yards from the turnpike on the Islington side, they both ran together out of the footpath; the tall one laid hold of my bridle, with a pistol in his other hand, and the other with a stick struck me on my head; he repeated his blows till he got me from my horse; then they let my horse go; then the tall one presented the pistol to me, and said, if I made a noise he would blow my brains out; the other still kept beating me on my head; I lay on my belly; then I pulled out my watch and let it go, thinking they might not see it; after they had ceased my crying out, they tore the lappet of my coat quite off, and took away with it my pocket, in which was a wild sowl; then they turned me up, and the tall one took up my watch; then they went away. I cannot positively say the prisoners are the men, but the prisoner Crawley is very much like the tall one; the short one kept beating me so, that I could not see his face; some gentlemen that came to me afterwards, sent a letter to Sir John Fielding , I being not able to write, and the next day I received a letter from Sir John to attend there; I went; I there described the watch, and described the men as I have done here; I was then ordered to be there on the Wednesday; Sir John ordered me to go to Justice Welch, there I found my watch and hand-whip; last Tuesday was se'enight I went to the Justice again, the prisoners were there; then Mr. Burnet that took them produced my watch, whip, and hat.

David Burnet . I am a headborough. On the 28th of last month being my watch night, I was at the watch-house in the parish of St. Giles's; about half an hour after twelve at night, Mr. Creswell that keeps the Noah's Ark alehouse in Dyot-street came to me, and told me there were several people at his house disputing about the reckoning; I told him that did not concern me; he said there were fire-arms amongst them; then I went; I went into a back room behind the bar, there were the two prisoners standing by the side of each other; Crawley's breast was open; I saw this horse-whip in Swinney's left hand; I took it from him; I had been told that a pistol had been taken from Crawley, and was then in the landlord's custody; I took them both in custody, and in searching Swinney, I found a silver watch in his coat-pocket; I found also some paper with gunpowder, and some small pieces of lead, and a turnpike ticket, (produced in court,) the contents W. Midd. Essex 28.

Prosecutor. I had a ticket in my hat, which I had at Rumford turnpike; this is one of the same fort, I believe it the very same that carries through Mile-end turnpike; the figures 28 is for the day this fact was done.

Burnet. That watch I found then, was not the watch that belongs to the prosecutor; then I went to search Crawley, and found a silver watch in his sob, and another silver one in his pocket on the other side; then I took them and confined them in the round-house till the next day; then I took them before Justice Welch, and there I laid the watches down, and the prosecutor swore to his watch and whip; then he said he had lost his hat also; then I went to Clerkenwell Bridewell, and took the hat from Swinney's head; I had seen it upon Crawley's head in the round-house.

Richard Stevens . I am headborough; I was at the Noah's Ark on the 28th of last month, at past twelve at night, the prisoners were wrangling about the reckoning; the landlady of the house said she wished she could get rid of them; Swinney struck with his heel at me, and wanted to get away; I laid hold of him; the landlord hearing a bustle came to my assistance; he said, the other man had fire-arms; I immediately seized him, and took a pistol from under the inside of his coat; then assistance was sent for to the watch-house, and Mr. Burnet came; I saw him take a horsewhip out of Swinney's hand, and a watch out of his coat-pocket; some powder, some little pieces of lead, and a turnpike ticket; and I saw him take two watches out of Crawley's breeches-pocket; the pistol had a charge of powder, but nothing else; (a horse-pistol, three silver watches, and a horsewhip produced in court.)

The prosecutor deposed to one of the watches found upon Crawley, and the whip.

Elizabeth Creswell . My husband keeps the Noah's Ark. The two prisoners came to our house on the 28th of December, a little before ten at night, very much in liquor; I ordered my servant not to let them have any liquor without their paying for it; they called for a pint of twopenny, they ordered it to be made hot; after that they had another; they paid for them; they had a third, but would not pay for that; Mr. Stevens being in the house, went into the room with me; Crawley began to struggle with a young man, and Swinney fell upon Stevens; then I called my husband; they took the pistol from Crawley.

Swinney's defence.

I bought that watch at Barnet for two guineas and a half, and a gallon of beer, of a bricklayer's labourer, about three quarters of a year ago, and I found the whip in Tottenham-court-road about two month ago; I don't know how I came by the ticket; I paid 9 s. and 6 d. for the hat of a Jew in St. Giles's.

Crawley's defence.

I am innocent of the fact.

Both Acquitted .

(M.) They were a second time indicted for robbing Joseph Woodward on the King's highway of a silver watch, value 4 l. a pain gold ring, value 5 s. two guineas, and two half guineas his property, and against his will , Dec. 21 . ||

Joseph Woodward . On Monday the 21st of December, I was coming from Stoke Newington to London, about five in the evening; before I got to Islington , I was met by three men; one of them laid hold of my collar and turn'd me about; it was said by one of them, stand and deliver; the tallest of the three presented a pistol, and I delivered them my watch, two guineas, and two half guineas, (the watch produced and deposed to.)

David Burnet gave the same evidence as on the former trial, with this addition, that the watch which the prosecutor owned, be found upon Crawley.

Richard Stevens gave the same account as before, with this addition, that one of the prisoners said he had bought this watch about three months before; the other his two, about two months before.

Elizabeth Creswell the same as before.

The two prisoners in their defence, said they were innocent of the fact.

Swinney Acquitted .

Crawley Guilty . Death .

(M.) They were a third time indicted for robbing Richard Hewett , in a certain field and open place near the King's highway, of a silver watch, value 30 s. and 4 s. in money numbered, his property, and against his will . Dec. 28 . ||.

Richard Hewett . On the 28th of last month, as I was coming home from my master's house at Hoxton, I was met by two men, just at seven in the evening, in Hoxton field ; I saw them about ten rods before I came at them, it was very moon light; they were about three yards out of the path; as they came, they came one on one side me, and the other on the other side; they bid me good night; I was very suspicious of them; I kept going on; they turned again, and the tallest of them came and said, deliver, or he would blow my brains out; they were both together; I delivered my money; I thought all, but the tall one put his hand into my pocket, and took out 6 d. more; they demanded my watch; I said I had none; they said, they knew I had; I cannot say whether they took it out of my pocket, or whether I delivered it, but they had it; (he took up one of the three watches) this is my watch which I lost that evening.

Burnet. That watch I took from Swinney's pocket when I searched them.

Hewett. I believe the prisoners are the two men that robbed me; especially the tall one, which is Crawley, but I do not swear positively.

Mrs. Creswell gave the same evidence as on the former trials.

Swinney's defence:

I bought that watch at Barnet about three quarters of a year ago.

Crawley's defence.

I am innocent of the fact laid to my charge.

Both Guilty . Death .

103. (M.) William Hamilton , otherwise Scolar , was indicted for robbing John Thomas Du Burg , Esq ; on the King's highway, of a gold watch, value 20 l. a stone seal set in gold, value 20 s. and two guineas, the property of the said Du Burg, against his will , Dec. 24 . *

John Thomas Du Burg . Coming to London in a post-chaise on the 24th of December, about five in the afternoon, I was stopt on Hounslow-heath , by a man on horse-back, who presented a pistol and demanded my watch and money; I delivered him my watch, it was a gold repeater; there was a stone seal set in gold, a steel chain, and two guineas: he had a great coat on, I think, of a blue colour, it was in the dusk of the evening; I cannot take upon myself to swear to the prisoner; I came immediately to London with the same horses, and went to Sir John Fielding , and told him the same I have here, describing the watch and seal to be advertised; this was on the Thursday, and I received a letter from Sir John in the country, that my watch was stopt; I came up on the Monday, and went to Sir John; my watch was produced by a pawnbroker. On the Wednesday following, the seal and chain were also produced by the constable, (produced in court;) as there may be many such steel chains, I do not swear to that; the watch and seal are my property.

Richard Sweet . I am servant to the prosecutor; I was in the post-chaise with him when he was robbed on Hounslow-heath; the first I saw was a pistol presented to the post-boy, in order to stop, which he immediately did; then the man came to the chaise on my master's side, and presented the pistol to the glass; I could not understand what he said; master let down the glass; then I heard the man ask him for his money; he immediately gave it him in a purse.

Prosecutor. I delivered my money in my purse.

Sweet. Then he asked me for my money; my master told him I was only a servant; the man said, he did not care what I was, he insisted on having my money if I had any; I made no answer; then he asked my master for his watch; master said he had a watch, but it was a very particular one; the man said, it is no matter how particular; master delivered it to him; then he lode off.

Q. How was he dressed?

Sweet. I believe he had on a blue great coat; he appeared to be a young man, of a very fresh complexion; (such was the prisoner;) I was before Sir John Fielding when the prisoner was examined, and the watch produced, which my master swore to; I cannot take upon me to say the prisoner is the man.

William Masters . I am a pawnbroker, and live at the corner of the Bull and Gate Holbourn; some time on the 26th of December, we received a hand bill from Sir John Fielding , describing this watch to have been stolen by a single highwayman on the 24th, with a reward of ten guineas over and above the reward allowed by act of parliament; between four and five that afternoon my apprentice came to me in the parlour, and brought me this watch and the hand-bill, and told me the young man was in the shop that brought the watch; I observed the dial-plate answered to the bill, with gold hours and gold hands; by looking it through I found it answered; he said the man wanted ten guineas upon it; I said, do you go to the door, and I will get a gentleman to stand by you, that he does not get away, till I go and fetch a coach; I went and had a coach come; I went to the prisoner, and asked him how he came by this watch; his answer was, I know how I came by it; I said, here is an advertisement, this watch was taken upon the highway on Christmaseve; he again said, I know how I came by it, that was all he said; I said, I must insist upon your going before Sir John Fielding ; I took him in the coach there; Sir John found it was the same watch as advertised, and sent a letter to the prosecutor; the prisoner was committed till the Wednesday for farther examination: my apprentice having said, he was the same man that had called at my house on horseback, Sir John asked him how long it was ago since he was on horseback, and asked him if he had not boots and spurs; he said he had not been on horseback since he came from Scotland, and that he had not had boots, spurs, or a whip, for about seven years. On the Wednesday following he was examined, the prosecutor was there; he said the watch was his property, and he thought by the size of the prisoner, he was the man that robbed him; the servant was there, he said he was pretty sure he was the man.

John Brooks . I am servant to Mr. Masters; the hand-bill came from Sir John Fielding 's on the 26th of December; I saw it in the shop between three and four, and the prisoner-came in the evening after the was come; he told me he wanted ten guineas upon this watch, and delivered it to me; I ask'd him whose it was; he said it was his father's; I seeing it answered the description in the handbill, I took that and the bill into the parlour to my master, and told him a young man had brought it, and wanted ten guineas upon it. Master desired me to see that he did not get out at the door, and he went and fetched a coach, and took the prisoner/ to Sir John Fielding . I was sent for; Sir John ask'd me if I had ever seen the prisoner on horse back; I said yes, he had come to my master's door on horseback; I saw him get off, and I held his horse while he came into our shop, that was about a fortnight before, he had boots on; he then took a shirt out of pawn, he once had a pair of boots, a whip, a hat, and a pair of iron plated spurs, at our house; I took them in about the 13th of September; I lent him half a guinea upon them.

John Noaks . I am a constable; I was sent for to take the prisoner in custody at Sir John Fielding 's, he had been examined before I came. I took him in a coach to New-Prison; he desired we would leave a message for him in Exchange-court by Exeter-exchange, for one Mrs. Street; after we had carried him to goal, Mr. Marsden and I went there, we brought that woman to Sir John, who examined her, to know what time she had seen the prisoner; she said she had not seen him for a fortnight; on the Monday following we had information the prisoner had a lodging in the Fleet-lane; Sir John desired Mr. Marsden and I would go there to search; we went to the house, and asked for his lodging room; we were shewed it; we asked which was his box; the landlady shewed us one which she said was his; she got a man to break it open, in it we found some slugs and slints; then we went to New Prison, and there found the woman who lived in the room with him; we took her in a coach to Sir John; we asked her concerning the pistol; she owned she had the key in her pocket, and she would go with me and shew me where she had put it; she went to a vault joining to the house, and bid me put my hand into a hole, and said, take care, for it is loaded; there I found this pocket-pistol, (produced in court.)

Elizabeth Street . I found this seal in Sarah Middleton 's box; (produced and deposed to by prosecutor.)

Sarah Middleton . The prisoner went out of my room on Saturday morning, the day he was taken up, to scate on the ice; he came back again, and told me he had found a watch, it had a steel chain; I saw him take the seal off, he put the seal in my box, and took the watch out with him. I never saw him till I had a note brought by Mrs. Street, for me to come to him in New Prison; my box was broke open on the Sunday morning, and in that was found a pistol, but I never saw him have a pistol in his possession; I do not know who put it into my box.

Prisoner's defence.

I went out on the 26th of December with my scates, to see if the ice would bear in Hyde Park; I staid and scated about an hour; coming down the road that leads to Kensington, I saw the seal of this watch lying, the watch was covered with dirt, about the middle of the road; I picked it up, and found the watch at the end of it; I brought it to my lodging, and told Mrs. Middleton I had found a watch; after dinner I went out again, and happened to be a little distressed for money, I went to pledge it, and was stopped with it; I told Sir John Fielding I had found the watch.

Mr. Marsden. He did say at Sir John Fielding 's that he found it.

Prisoner. I was at home with Mrs. Middleton, she and I were at home alone on Christmas-eve.

Q. to Middleton. Where was you on Christmaseve?

S. Middleton. I was at home, and the prisoner was with me at my lodgings; he went out in the evening, I cannot tell the exact time.

Guilty. Death . Recommended by jury and prosecutor .

104. (L.) Luke Ranger was indicted for stealing nine pair of men's silk hose, value 3 l. seventy-six pair of other silk hose, value 15 l. nine pieces of wove silk for breeches, value 5 l. the property of Israel Eltington , in the dwelling-house of the said Israel , Oct. 1 . ++

Israel Eltington. I am a hosier , and live in Cheapside ; the prisoner was my servant for upwards of seven years, in the capacity of a porter; he has robbed me of sundry parcels of goods, more than I shall now mention; I had information of his extravagant life about the middle of October; having missed goods at sundry times I suspected him, but never could charge him. I took a search warrant the last day of last sessions, and went to his dwelling; I found nothing in his apartment, but I found nine pair of silk stockings in his landlady's apartment, where his wife lodged in Warwick-lane, all of my own manufactory; I know every workman's goods as well as I know my right hand.

Q. Can you say those goods were never sold out of your shop?

Eltington. That I cannot say; I know they are such goods that I had missed, this led me to farther enquiry. I found his wife's brother, a seafaring man, had a considerable quantity of goods out with him; he was on board a ship bound for Jamaica; she was gone down the river. I sent one Collins down to Portmouth; he sent me up two parcels of goods which I can swear to; one of the papers they were in, had my writing on it. I received the invoice in Luke Ranger 's hand-writing, to the amount of 64 l. consisting of stocking and breeches pieces, all of my own manufactory; the invoice was made to his brother-in-law; (the invoice produced in court;) at that time the ship lay at Mother-Bank (the invoice read in court) directed to Mr. Ebenezer Read , on board the ship Lenton, Isaac Corland commander, dated October 25th, 1767. I received these the 14th of November from Portsmouth; the prisoner was in Newgate at the time. Here is a letter which I received from him in Newgate, which agrees with the invoice, except in three or four pair of stockings short. I know the letter to be the prisoner's handwriting; (the letter read)

"wherein he acknowledged

"he had wronged the prosecutor; begs for

"mercy, and says if the ship is not gone off, he

"makes no doubt but the goods will be delivered

"up to him again, and hopes his brother-in-law

"will not be punished; and acknowledged himself

"to be the only transgressor, signed Luke

"Ranger." I received 27 l. after his commitment, for an adventure the prisoner sent out under the care of Ebenezer Read , to the Granades.

Q. Can you tell the time they were taken out of your shop?

Eltington. No, I cannot.

Q. Can you tell what quantity were taken at one time?

Eltington. No, I cannot; I know I have missed tot he value of 5 l. at a time; I missed two or three parcels very considerable.

Judith Walters . I live in Warwick-lane, the prisoner's wife and mother lodged at my house, the prisoner lived at his master's; he told me he dealt for himself; he brought a parcel of stockings to my apartment, in the beginning of last summer; he asked me if I could dispose of a few pair for him. I sold some, and what I sold I had a shop price for them; some at seven shillings, some at nine shillings, and some at half a guinea a pair; I paid 6 l. 17 s. 6 d. with my own hand, to a gentleman that was with Mr. Eltington, for he would not take it himself; he seemed much confused, to think the prisoner had robbed him.

Q. How long had the prisoner's wife lived at your house?

J. Walters. About nine months; the man behaved very well when at my house.

The prisoner said nothing in his defence.

Guilty 39 s. T .

105. (L.) Benny Daniel was indicted for stealing 38 pounds weight of butter, value 25 s. 4 d. and two wooden tubs, value 4 d. the property of Elias Mordecai , Dec. 22 . +

Sarah Mordecai . I am wife to Elias Mordecai , we keep a shop in Shoemaker row , and deal in butter, flour, oats, and barley ; about eight at night, the Tuesday before the fire, I was going out to a neighbour's house, I saw the prisoner walking about my door; in about two or three minutes I heard my daughter cry, somebody was gone out with two tubs of butter; a neighbour said to me do not make yourself uneasy, Daniel has got them, we will go and see after him.

Rachel Mordecai . I am daughter to the prosecutor; my mother stood wringing her hands, saying she had been robbed of two tubs of butter; I was told by a neighbour that the prisoner had fell down with two tubs; we enquired, and found he lived in an alley in Whitechapel. I with others went down the alley to the bottom, a child shewed me his house; I heard his wife run up, and say they are coming, they are coming; I said you wicked creature, how could you rob my mother, and desired a girl to run for a proper officer, but before one came, the prisoner jumped out of a window and ran away; after that his wife came, and said he was killed; she said do not make a noise, come up, and I will give you the butter; I said then bring it down; some of the neighbours went up with me, she opened a closet, there was the butter, one was in the tub, the other out of the tub, all dirty. I took it and brought it home; there were the letters M O scratched on the tub.

Elias Aaron . I was coming home three nights before Christmas, I met the prisoner next door to Mordecai's; he fell down, I helped him up with his tubs; he went about four doors farther, and fell down again; he had two tubs, one full of butter, the other about half full. When the woman complained of being robbed, I told her of Daniel.

Prisoner's defence.

A man came running past and fell down, and left the butter; I said I should be glad to know who it belongs to; this man said it would be the best way for him to help it on my head, and I to carry it home, and see about who owned it afterwards.

Q. to S. Mordecai. Did these tubs stand in your house or at the door?

S. Mordecai. They stood behind my counter, there were two doors to open before he could get to them.

For the prisoner.

Markas Garrick. I was at work the same night, at the prisoner's mother's house, she is a baker; she sent me to call him to work; I went to him to the Blackmoor's-head, he was drinking a pint of beer; I asked him if he would come to work; he said he would come and tell his mother he was not able to come to work; he seemed to be a little in liquor; then when the woman came and said she had lost a tub of butter, he said he was coming along to his mother's and found it.

Marks Marks. The same night this affair happened about a bit of butter, I was sitting in a public-house in Duke's-place; the prisoner came in between seven and eight o'clock; he staid a little while, and asked me if I would be three farthings to his penny; we staid and drank it; then came in Cowen. The prisoner called Garrick, and asked him if he would come to work at his mother's; he went out with him, and came in again, and called to me; I said, what do you want; he said here is a man in Shoemaker-row with a firkin of butter, that wants to sell it; I said, why do not you stop him; presently after there came word, that the prisoner was taken up with a firkin of butter; he follows the baking business, in selling cakes about Duke's place.

He called Mary Roney , Mary Hughes , Rachel Levi , Rebecca Roderegous , Herian Harris, and Abigail Roderegous , who said he was an honest man.

Guilty . T .

106 (L.) Henry Levi was indicted for stealing a man's hat, value 5 s. the property of Peter Russel , Jan. 3 . +

Peter Russel . On the third of this instant, about nine o'clock at night, I was walking in Bishopsgate-street, on the right hand side from where the gate stood, towards Shoreditch; I came as far as the corner of Artillery-lane , and stood a very little while there, looking to see where it was good walking; during that time I found my hat go off my head, the prisoner at the bar was then passing by me; I saw my hat in his hand, he passed me with a moderate run; I followed him with equal pace, about a yard or a little more behind him; I said to him very moderately, you had better not play the fool with my hat, give me my hat again; I repeated the same words to him again, continuing the same pace; then he hastened his run; I endeavoued to follow him, and then cried out stop thief, and followed, crying the same running, but he got ground of me something. During that time I had him in my sight, till I came pretty near the place where he was taken; I then saw two or three more people moving: I cannot say I did distinguish him clearly from them, but presently I lost sight of them all; I continued my run, till I came to the corner of the first turning on the right hand side of Artillery-lane, that is called Petticoat-lane; I said to myself, but I suppose a little loud, I believe I have lost him; there was a young man a little way off said there he is, I believe they have stopt him; then I turned my head towards the other side of the way, on the left hand side, there I saw four, five, or six persons together standing; I went towards them and looked at the prisoner, who was one of them, and knew him to be the man; I said, you are the man that have taken my hat from my head; he said he knew nothing of it; I charged him with it again, he still denied it; I then said, I was sure he was the man, and would charge an officer with him; he said he had no hat besides that on his head about him, and unbuttoned his coat in order to be searched; he had none; I said no matter for that, he was the man, and desired the people to get an officer; there was none to be got; they hustled him back into Artillery-lane, the croud still increasing; during this time the prisoner intreated very earnestly that I would let him go, saying, I beg you would let me go, kneeling on the ground; by the assistance of those about him he was taken to Bishopsgate watch-house, to the care of the officer of the night, in order to appear before my Lord-Mayor the next day; while this was carrying on, I was told by some of the croud that my hat had been picked up by some person in Artillery-lane, and taken into a house; as I was returning home I called at the house (as directed,) of one Mrs. Smith, and asked her if she had taken up a hat; she said she had, and produced it; it was my hat; (produced in court and deposed to.)

Anne Smith . I live in Artillery-lane; as I was sitting by my own fire-side, I heard a gentleman say he had lost his hat; this was the Sunday before last, about eight or nine o'clock; I did not go to the door at that time; after that I heard a combustion of a great many people talking; I opened my door, there was a coach man said to me, Mrs Smith, there is a hat lying just by that post facing me; I went out and took it up; said he this is the hat that a gentleman says he has lost; I said I will carry it in, and if you see the gentleman send him to me; I delivered it to the prosecutor when he came.

Q. How far is your house from the corner of the lane?

A. Smith. My house is six doors from the corner.

Prisoner's defence.

I am quite innocent as the child unborn; I have a person here that knows how the whole affair began.

For the prisoner.

Hyams Lazarus. The prisoner is a very regular young man; he makes a point of it never to go out of his father's house without his leave; that evening I went to his father, to ask him leave to let him go out to drink with me; we went to the Admiral Vernon's Head in Bishopsgate-street; going home a gentleman, I suppose it to be the prosecutor, pushed against us; soon after he charged us with pushing off his hat; I said it was but an accident; the gentleman continued scolding and making a noise; I desired the prisoner to go home; then presently stop thief was called, and at length the prisoner was taken to the watch-house; I saw a woman take up a hat as it was lying in the street.

Lazarus Levi. The prisoner works for my uncle, who is a diamond polisher; I have his indentures here, he has three years to serve; my uncle trusts him with thousands of pounds worth of diamonds to carry out.

John Roaper . When I brought the prisoner before my Lord-Mayor this last witness was there, and used Mr. Russel very grossly; I was going to take him into custody; said he if you will say nothing of the matter, I will give you half a crown; he came to me last week, and told me the prisoner came of a very good family, and desired me to let him know where Mr. Russel lived, and said they had money enough, and they would make it up; I thought it not prudent to inform him.

Abraham Levi . I am father to the prisoner; I have six sons, and this is the best I have got; he never goes out without leave, he is always at home in good time.

Q. Is he an apprentice?

Levi. He is, but I was to give him victuals, and he lies at my house.

Guilty . T .

107. (M.) Peter Patterson was indicted for stealing two silver plates, value 36 s. the property of the honourable Mary Howard spinster , commonly called Lady Mary Howard , Dec. 16 . ++

Thomas Latham . I am butler to Lady Mary Howard ; the prisoner came to our house to see me on the 16th of December; I have known him 13 or 14 years, he was a gentleman's servant ; after he had been gone some time that day, I missed two silver plates from out of the bread basket, after which they were advertised; I went according to that to the Mansion-house, and was there informed they were sold to Mr. Spindler, a silver-refiner in Gutter-lane; I was informed the prisoner had delivered them to John Ducket ; I got a warrant and took him up; on the Friday after, the prisoner came again to our house to see me, and we secured him.

John Noaks . This day fortnight a warrant was granted by Sir John Fielding , to take up Ducket and his wife; I went and took Ducket up, he said he received the plates of Patterson; when Ducket and Patterson were before Sir John, they accused each other.

John Ducket . I was a gentleman's servant; I have been acquainted with Patterson some time, he brought these two plates to me at my lodgings to sell, about six weeks or two months ago; as I was taken into custody with them, and was sent to the Compter, there I lay a week, and they were sold to pay my expences; (the plates produced and deposed to by Latham, as the property of Lady Mary Howard )

John Ross . These plates were stopt in Duke's-place on the 16th of December, and Ducket and his wife were brought to the Poultry Compter; I was ordered to advertise the plates, which I did, in three papers; after they had lain in custody about eight days, and no body had appeared to claim the plates, the Alderman ordered me to deliver them to the party and discharge them; they said the plates were left them by their mother, and they must sell them; then I recommended them to the gentleman in Gutter-lane, who bought them at 5 s. 6 d. an ounce; Ducket paid for the advertisements, and paid me for their expences; the plates were sold for 7 l. 17 s. 11 d. the day after he was discharged the butler came, and I told him the plates were sold, and under what circumstances.

Prisoner's defence.

I know nothing at all of the plates.

He called Hannah Ward , Elizabeth Patterson his aunt, William Miller , Mrs. Emory, and Anne Ward , who gave him a very good character.

Acquitted .

108, 109. (M.) William Stamp , and George Gregory were indicted, the first for stealing twelve silver watches, value 30 l. the property of Robert Storer ; and the other for receiving two of them, well knowing them to have been stolen , December 1 . ++

Robert Storer . I am a watchmaker , and live in Clerkenwell court. On the first of December I carried a dozen silver watches packed up in a small box, to the Swan and Two Necks in Lad-lane, and delivered them to Robert Parks the bookkeeper, directed to Benjamin Cooley , at Leeds, according to an order I had received.

Q. Did you ever see any of them afterwards?

Storer. I saw ten of them on the 30th of December, at Sir John Fielding 's.

Q. Who did you look upon to be accountable for them?

Storer. I looked upon it that the carrier was answerable to Mr. Cooley for them.

Robert Parks . I am the book-keeper; I received a parcel of watches of Mr. Storer and book'd them, and delivered them to the waggoner, and saw him pack them up in his hamper; Stamp was acquainted with one of my servants, he was there near the hamper at the time; I received a letter from the waggoner on the Wednesday, that the small box which I gave him such a charge about was gone, and the hamper cut open; I went to Sir John Fielding , and had the parcel advertised; it cost me 3 or 4 l. in advertising; on the 27th or 28th of December I received a letter from one of Sir John's clerks, acquainting me that the two prisoners were stopt in offering some of the watches; I went and was at the examination of the prisoners; Gregory pulled this watch out of his pocket, and told Sir John that was one of the watches that Stamp had given him to dispose of, and told where seven more of them were; we went by his direction and found them; Stamp said he found the watches between the Swan and Two Necks and Islington.

Barnard Hyam . The two prisoners came to my door in Rosemary-lane, I am a salesman; they wanted me to buy a pair of plated buckles; then Gregory said he had a watch to sell, and said he had no money; he asked two guineas and a half for it; we agreed for 25 s. and a pair of plated buckles; I said I would go and get change; I went over the way to Mr. Murray's, who came with me, and we secured them both, and took them before Sir John Fielding , and they were committed to New Prison; (the watch produced and deposed to by Mr. Storer.)

Thomas Bunce . I am a porter at the inn; I went a little way from the stones end with the waggon; I took the whip, and drove on to Islington; going I think along Aldersgate-street, I saw Stamp come out of the waggon, he went out with me from the inn; he was out of work, and he was going with me to Islington.

Q. Did you see him get into the waggon?

Bunce. No, I did not; we went in at the Three Hats at Islington, and called for some beer, and sat there till the waggoner came, then we went back. The waggoner had a cadet that went forward with the waggon; Stamp and I came home to the Swan and Two Necks together.

Q. Are you still in your place?

Bunce. I am.

James Murray . We took the two prisoners in a coach to Justice Fielding's; Mr. Marsden said he would have them searched; I took another watch out of the tail of Stamp's shirt, and another from Gregory; (the two produced and deposed to;) then Gregory said if we would go along with him, he would shew us where the other seven were buried; we went with him, and found them buried in an old hat, under ground, in Feather-bed-row, in Barnaby-street; (the seven watches produced and deposed to.)

Stamp's defence.

I picked these watches up in an old hat, as I was returning from Islington.

Gregory's defence.

The watch that I had of Stamp, he said he found them; when I found I was got into a hobble, I told the truth.

John Moffet gave Stamp a good character, and Benj Wilkinson and James Saunders , gave Gregory the same.

Stamp Guilty . T .

Gregory Acquitted .

110. (M.) Nicholas Leggate was indicted for stealing two brass candlesticks, value 12 d. one French plate extinguisher, value 2 d. and a nozel of French plate, value 2 d. the property of Anthony Letecher , Dec. 17 . ++

Mary Letecher . I am wife to Anthony Letecher , he is at sea; the prisoner has been in my house divers times; I was out at the time the things were taken away; he was making a disturbance in a public-house in the neighbourhood, being in liquor; my things were found in his pocket; I really believe my things were taken in a drunken frolic, he was in the watch-house before I saw him. I believe he would have brought the things again when sober; he is a seafaring-man.

Mary Davis . I am servant to Mrs. Letecher; the prisoner came to our house, and asked for a lodger who was not in the house; I went to a publichouse and asked for that lodger, and when I returned the prisoner was gone, and the door left open; the things were all safe on the shelf when I went out.

Archihald Mautslan. I keep the Crown alehouse in Nightingale-lane; my wife missed a silver pint mug, the prisoner was in the house; I searched him, and found the things in his pocket that are mentioned in the indictment.

Prisoner's defence.

I took them in a joke, intending to carry them back again.

He called Peter Potts , Richard Webber , and William Cole , three masters of small vessels, who gave him a good character.

Acquitted .

111. (M.) William Peterson , was indicted for stealing two linen shirts, value 2 s. two linen shifts, value 6 d. two chequed aprons, value 6 d. two pair of worsted stockings, value 6 d. two linen handkerchiefs, two linen bed-gowns, a pair of worsted breeches, a linen table-cloth, and a woman's dimity waistcoat , the property of John Nunnery , Dec. 14 . ++

John Nunnery . I live in Cold-bath-field ; the prisoner did live in the neighbourhood; he came and lodged at my house, he staid only two nights; I found the door of my room open when I went to bed, and two days after my wife told me she missed the things; he was still in his lodging; I took him up, and charged him; he said he had made a mistake, and was sorry for it, and if we would let him alone, he would tell us where they were; I told him I would be as favourable as I could; then he took us to the houses where they were; we found the bed-gown at Mr. Sharpe's, a pawnbroker in Leather-lane; and a waistcoat, shift, shirt, bed-gown, and breeches at Mr. Chandler's, in Baldwin's-gardens; and the other things at Mrs. Fox's in Field-lane; the prisoner is a smith by trade.

Prisoner's defence.

I was out of work, and greatly distressed for want; I made use of these thing to get my own out of pawn.

Guilty . T .

112, 113. (M.) George Burford and Maximilian Miller , were indicted for stealing a silver watch, value 40 s. the property of John Phipps , Dec. 22 . ++

John Phipps . I belong to the live-guards . On the 21st of December I had been out to receive some money, and staying late, I light with an old soldier, a countryman of mine; we went into a public-house in Hedge-lane, I do not know the sign; I went to go home between twelve and one at night, I set off by myself; I was not sober, nor was I fuddled; when I got to the end of the lane, I think it was Coventry-street, I met three young men all of smallish stature; I said, gentlemen, which way are you going; they said, to Grosvenor-square; I said, so am I, and should be glad of their company; we walked together till we came to lower Grosvenor-street ; one of them walked on my right hand, the other two behind me; one of them behind me, came and sell by my left leg; he by my side pushed me over him, and he sell upon me; it was Burford that was under me; the other man stood two or three yards behind me; I got up, and thought it was only accidental; when I got home I missed my watch; then I thought I lost it the time I sell; I went to Justice Fielding, and described my watch and the men to be advertised; on Wednesday the 23d, I had a note from Sir John to come immediately to his office, there I found three men in custody; the two prisoners I knew, but the other I did not; Miller is the man that stood behind me, he never meddled with me; there was my watch; Burford said he bought it of a Jew, I do not remember he said when or where; I had a great opportunity of seeing him, I knew him again perfectly.

Richard Bond . On the 22d of December about nine at night, there was information brought against Miller, concerning a pocket-book, and that he was at a bad house in St. Giles's; I went there, and found him and Burford together in a back room; Burford had his hand behind his back; I said, what have you got there; he said nothing; I opened his hand, there was this watch; (produced in court, and deposed to by prosecutor.) I brought them to Sir John Fielding ; the clerk said, that watch, seal and chain, were described to them about two hours before.

Q. to prosecutor. When had you your watch last?

Phipps. I know I had it that evening, at the Castle and Falcon in Aldersgate-street.

Burford's defence.

On the 22d of December about two in the afternoon, I bought this watch of a Jew for a guinea and a half; I lay at home, and went to bed that night at 11 o'clock; Miller was locked out, and he lay with me as my mother was gone to bed.

Miller's defence.

I went into Jemmy Boswell's house, on the ruins of St. Giles's, there was Burford there; Bond came in and took us away; I know nothing of the matter; I am a brazier, and work with my father.

For Miller.

Mary Miller . I am mother to Miller the prisoner.

Q. Do you know Burford?

M. Miller. I never saw him before my son was taken up.

Q. Where was your son on the 21st of December?

M. Miller. He came home about 11 o'clock; I let him in myself, and locked the door afterwards.

Note, Miller's mother was not in court when Burford made his defence.

George Hewlin , John Mead , John Drew , and Sarah Masters , gave Miller a good character.

Burford Guilty . T .

Miller Acquitted .

See Burford tried before, No 364, and see No 273. in the last he is mentioned in the indictment by the name of George Bert .

114. (M.) Richard Ellis was indicted on the Coroner's inquisition, for killing and slaying Thomas Thorne , Dec. 3 . +

Thomas Hobbs . I am a fisherman. On the 3d of last month about nine in the morning, I was fishing just below Barnes; Ellis and Mr Goodchild, with I believe seven more; they took away my nets, my nets were not fair nets; I mean they were unlawful, the mashes were too small; those people belonged to the water-bailiff, Goodchild is his deputy; as soon as I lost my nets, I went home, then I went down to Strand-bridge with others, Thomas Thorne was one of them; we manned two boats, and had some stones in one of them, and went up the river to board them to get my nets again; a battle ensued; Ellis was in the water-bailiff's boat; I believe it was he struck Thorne, as he was in our boat-stern; we attacked them first; I own we did wrong; I will never fish with foul nets no more as long as I live.

Acquitted .

115. (M.) Joseph Ward was indicted for the wilful murder of William Langford , by striking and stabbing him with a knife ; he also stood charged on the Coroner's inquest for the said murder, Dec. 29 . *

Edward Harman . I was with William Langford on the 29th of December, drinking at the Windmill and Crown, upon Hadley-green, near Barnet; about nine at night we were going home; we called in at the Two Sawyers, near the White-lion, Kitt's-end; they told us we had had beer enough, and would draw us none; we went out, and was got but a little way, I heard Ward say behind us, how they walk; we were upon the causeway; he said, he would clear the road; he came and threw Langford off against the pales in a ditch on the right hand side, and me out into the road on the left hand, and ran away; I ran after him and knocked up his heels; he got up and ran away again; we ran and overtook him; I was the first; we had some words and some blows, whether I struck him first, or he me, I cannot tell; I know I threw him down, and I think I kicked up his heels again; presently I found myself cut on my left hand, and was stabbed in two places in my body on my left side; this was at the back of the White Lion; I lost a great deal of blood; I thought Langford had been gone; soon after I heard him call murder; then I found he was lying on the ground; there was a horse-keeper named Jennings came up, and took me by my left hand; he finding me bloody, he said, he was afraid there would be murder, here is blood; then I ran away, and went to where I lodged, there I found Langford, my landlord had washed him; he lay along with me that night, as he could not get home; he never complained in the night; he could not get up all day; we examined him, and found he was cut in his bowels, there were some of them out, and he had a cut under his eye; it was done on the Tuesday night, and he died on the Thursday morning; the prisoner was an utter stranger to me, and there was not a word passed between us before he pushed us off the causeway.

James Carol . I did live at the White Lion; I called in at the Two Sawyers, the deceased and this evidence called in for beer, the woman would not let them have any; they turned out; after that the prisoner who was there, asked me if I would go home; I came out along with him, he and I were both along side each other; the deceased and Harman were one a little before the other, between the Two Sawyers and the White Lion upon the causeway; the deceased was behind Harman; Ward said to me, see how he walks; then he ran on before me, and pushed them both off the causeway; Langford sell against the pales, and Harman on the other side; then he ran away, and Harman recovered and ran after him; he overtook him, and kicked up his heels; I ran down the White Lion yard to call my fellow-servants; as I was going in at the gate Ward ran by it, and the other two after him; my fellow-servants came out; we went after them, they were got behind the house, they were all three fighting; Jennings laid hold of one of Harman's hands and pulled him away; he found his wrist cut, and he was bloody; he said, he would have no hand with them, and left them there together; (the prisoner lived at the White Lion.)

Anne Couch . I am servant at the White Lion; I heard the cry of murder between 10 and 11 o'clock that night; I went out into the road, there were two men fighting, and one lay down; Ward was one of the men fighting; I saw him shut up his knife, and put it into his pocket; I immediately called out, and said, there will be murder done; then he went to fighting with the man again; they both tumbled together; the other was lying on the ground all the time; one of my fellow-servants took hold of the men's hands, and said, do not fight two against one; I got some blood on my face, and a spot on my cap; Ward called to his fellow-servants and said, will you not help me, or will you let these two men kill me; that was just before Jennings took hold of the man's hand.

Benjamin Jennings . I live at the White Lion; I was told there were two men fighting with Ward; I and James Carol went out; they were then all three standing up pulling one another about; I laid hold of Harman's hand, and found it was cut; I said to Carol, here will be murder, or other mischief; we left them all three standing; I saw nobody down; the next morning Ward came through my room when he got up; he came to me with a candle and lanthorn in his hand, as I was in bed, and said, I will go and see whether he is there or not, or whether he is dead, I do not know which; he said, if he is, I will throw him into the pond, or put him under the ice, I cannot tell which.

John Sandford . I am bailiff to General Keppel , I live at Kitt's-end; the deceased came to my house about 10 o'clock on the 29th of December, and asked for Edward Harman ; I said, he was not come in; he begged I would let him either sit or lie down, he was much hurt; he seemed very much disabled; I put him in a chair, he was in a very bloody condition; he said it was some horse-keeper, or hostler at the White Lion that had hurt him; I took some water and washed his face; he seemed very much hurt about about his eye, his hands were very bloody; he said he was very cold, and shook, and desired to be by the fire; I led him to the fire, and put him in a corner; he seemed to bleed about the eye very much; after that Harman came in, and they both went to bed together; the next morning I got up about seven; he complained very much of his head, and said he thought he should die; he seemed in a very languishing condition till about seven the next morning, when he died.

William Wilson . I am a surgeon, and live at Barnet; I examined the body of the deceased on the first of January; I first examined a wound within two inches of the navel, on the abdomen, I think that did not immediately occasion his death; the other wound was upon his left eye, I think that occasioned his death, it was near an inch in depth; according to the appearance of them, I think the wounds were given by a knife. Guilty of manslaughter only . B . Imp .

116. (L.) Daniel Asgood was indicted for the wilful murder of William Ridley ; he stood also charged on the Coroner's inquest for the said murder, with William Bear , John Aldridge , and Walter Stoaks not in custody, for being present in aiding and assisting him to commit the said murder , Dec. 10 . ||

Robert Newton . I keep the Last and Sugar Loaf, Water-lane Black-friars . On the 10th of December, about half an hour past ten in the night, there came in five bargemen or lightermen; they called for a pot of beer, it was drawn them; they said it stank; no body said any thing to contradict them; they drank it, and wanted another; I said it was past our hour, and desired them to go; they asked if they might have a glass of gin each; I said yes; they had a penny glass each; without any provocation the prisoner swore and blasted his eyes, called me booger, and came and struck me with his fist; after that two others of them sell to beating Edward Crowther , a lodger in the house; then I expected murder, or some mischief; I ran out to call the watch; the first man that passed me was William Ridley ; I said run quick to our house, for I expect murder will be committed; I ran farther on, and another watchman passed me; I told him to run for God's sake; I returned back with him, with an intent to assist the watchmen, but I was pulled into my house, and told my wife was in sits; when they heard me say I would call the watch, three of the bargemen had came out after me, while the other two were beating Crowther; the watchman received his hurt abroad, I saw nothing of that; about half an hour after came the deceased and Bartene, another watchman, into my house; the deceased said I have been most cruelly used; he pulled up his wig, and shewed me some blood in his right ear; he put his little finger in and pulled out a clot of blood, and threw it down on the floor.

Q. How long had the deceased been a watchman?

Newton. He has been a watchman a considerable time, very likely before I came into the parish.

Q. Are you sure the prisoner heard you say you would go for the watch?

Newton. I said in their hearing I would send for or call the watch; they seemed to come into the house on purpose to breed a riot, and they said to him that is an evidence, you brought us here on purpose; they all heard me say I would call the watch; I had told them they were welcome to go without paying any thing, and I was not paid; there was one of them offered to pay, but I do not know which; I had sent for the constable, and he was not at home; the prisoner knew of my sending; this was before I went for the watch.

Edw Crowther . I am a lodger in Mr. Newton's house; there came in five men about a quarter before 11 on the 10th of Dec. the prisoner was one of them; one of them is in court an evidence, the other three not taken; they called for a pot of beer; when they had it they found fault with it, saying it stank; the prisoner began to abuse one Charles Duncomb , a person that used the house; he told him he should like to put him upon the fire and broil him; Duncomb said what can be your reason, I never had no acquaintance with you, he had given him no provocation in my hearing; the prisoner made use of many blasphemous oaths and vile expressions; Mr. Newton said, gentlemen, I will not have this usage in my house; no customer shall be used in this manner, I must immediately send for an officer; he sent his maid out for one; the prisoner said send for them; he and one or two more said they would stay for them; the prisoner got up and strock Mr. Newton twice on the ribs; Mrs. Newton seeing this, cried to me for God's sake to stop him; upon that the prisoner knocked Duncomb down with his head against the sender; then he came up to me, and said, are you the man that, is to stop us, and struck me; I had not spoke a word to them; after that another of them came and struck me on the other side; when Mr. Newton was out calling the watch they quitted the house; I heard Mr. Newton almost up to the watch-house calling the watch; I met the two watchmen about twenty yards from Mr. Newton's house, they had their slaves with them: I saw the bargemen run down the alley by the house corner, towards Fleetditch, I and Charles Duncomb went after them; when we came almost to the head of the steps, the men had secreted themselves under the houses by Fleet-ditch; they jumped out upon the watchmen; I immediately returned and saw no more of it, having been ill used enough before.

Charles Bartene . I am a watchman, Mr. Newton called watch; I was along with Ridley, he had been a watchman about twelve months; when we were going down the Paved Alley there were four or five of the other men in company, Ridley was knocked down; I was forced to run for it; they broker his lanthorn all to pieces, I did not see who did it.

John Catlin . I am a bargeman; on the 10th of December about a quarter before eleven, William Bear , Walter Stoaks , and John Aldridge , the prisoner, and I, we called for a tankard of beer, that was found fault with; then they said let us have some gin; Mr. Newton served us; Mr. Duncomb was in discourse with Mr. Newton by the fire-side, the prisoner took Mr. Duncomb up in discourse, he swore and got up and struck him and Mr. Newton; Mr. Newton sent his servant for an officer, none came; he went out for the watch, then they were for going out without paying; I took a shilling out, and said if no body would pay I would; no body took it up, I put it in my pocket; they went out, I followed them, and wished Mr. Duncomb a good night, and said I would come and pay to-morrow; going down the passage, I said all the blame will be laid upon me as I was known, Mr. Duncomb being my acquaintance; the watchmen coming down after them, four of them stopt at the bottom of the steps, I walked on a little way; I saw the prisoner take and draw the watchman's staff out of his hands and struck at him, but whether he hit him I cannot tell, he struck with the staff; as Thompson was coming down the steps the prisoner struck him, the watchman was then on the ground; Thompson's wife was there, she said for God's sake gentlemen do not kill my husband; I went and took hold of her arm, and said your husband shall not be hurt, and desired the prisoner to be quiet; I pulled the prisoner off from Thompson, and we went along about our business, then the watchman got up; I had been with them all the afternoon almost; the prisoner being betwixt me and the lanthorns I saw all that passed.

- Thompson. I am a coal porter, I was going down the Paved Alley at the time this happened; there was a neighbour or two with a candle; I turned up the ditch side, there were five men standing all together, just turning the steps of that side near the market; I went to go by them, said the prisoner what do you want; I said I am only going home with my wife; he struck me three or four times with his left hand; I never saw him before, but I am positive to the man, the other four stood over me helping him; I was struck by one or two of them; the prisoner went from me for about two or three minutes, and came again with a stick about four feet-long, and struck at me twice; I cannot say he hurt me, for I fell down to escape the blows; I catched hold of the middle of the stick with my two hands; they kept haling me backwards and forwards a minute or two, d - ing me, and bidding me let the stick go; I said I would, if you will not use me ill; one of them said, d - m his blood, do not hit him no more, you have given him enough, do not strike him; then they went away towards Fleet-street, and I went home.

Q. Did Catlin strike you?

Thompson. He stood over me, but he never struck me.

Hannah Ridley . I am widow to the deceased; on the morning of the 11th of December, my husband was led home by one of the watchmen, I let him in; I asked him what what was the matter; he told me he had been badly used, he had been beat in a most cruel manner, by five villainous fellows; I asked him where his staff and lanthorn was; he said he was afraid his staff had been his death, for they took it out of his hand and beat him over the head; he took the candle and shewed me his right ear, running down with blood, and his right nostril; I begged of him to come to bed and compose himself; he said he was so bad, that he believed he could not get into bed; with persuasion he got into bed; he cried out Hannah, my head! Hannah! my head! as soon as he was in bed, he called upon the Lord and said, O! my head, my head, I am afraid I have got my fatal stroke; he called upon his poor children and said, O! was I but sit to die! and I never heard him speak after, he never opened his eyes after that, this was about one in the morning; he had cried out of his head prodigiously; he died on the Saturday morning the 12th of December, about half an hour after nine; he was sent to the hospital senseless; when the surgeon opened his head, he did not seem to feel it.

Robert Bird . I am a surgeon, and attend St. Bartholemew's-hospital; Ridley was brought there on the Friday morning about ten o'clock, that was the 11th of December; he was then sensible, bleeding at the eyes, mouth, and ears, the right ear more than the left; I sent for Mr. Young the surgeon, whom I am pupil to, he examined his head; I was present when he opened the sclap, but did not immediately find a fracture, therefore he gave me orders to blend him, and do what was necessary; the next morning upon visiting him, I found him upon the point of death; upon representing the case to me, Mr. Young desired I would open the head in case he died, and examine it; I did so, and upon examining it, I found a large fracture from the hind part of the head, to the orbit of the eye, on the right side, with a large depression of the bone, which I really believe was the cause of his death.

Q. Could you discover with what the wound was given?

Bird. That is impossible.

Prisoner's defence.

I was very much in liquor, but do not know that I struck any body; I thought to make my escape from them, rather than to go to the watch-house.

To his character.

Leonard Phillips . I am a coal-merchant, I have known the prisoner about four or five years, he is a very honest, industrious, sober young fellow; he has been servant to me upwards of twelve months, I never had an honester man; I do not know that there is a humaner man in that employ living, I have seen frequent instances of it; I employ him as a bargeman, he always behaved himself extremely well; he came to me with a very good recommendation, and always executed all orders given him with great punctuality.

Richard Phillips . I am a lime-merchant, I have known him upwards of twelve months; he has been very assiduous in his master's business, he used to go frequently to Northfleet; I never knew him drunk or negligent of his master's business.

Henry Phelps . I am a lighterman and dealer in coals; I have known him about seven years, I never saw any things amiss of him in my life time; was he out of this court I should be glad to employ him; I never knew him cruel, I know no man that I would employ sooner.

Edmund Ball . I have known him near twelve months, I am a victualler; he lodged with me about six months, he left me about five months ago; I never saw him what may be called drunk, he is a good tempered civil man; he and his company were at my house the night after this affair happened.

Q. Was he in liquor?

Ball. I did not perceive him to be in liquor, I never found him disposed to be quarrelsome.

Joseph Chaterton . I have known him about seven months, he is very dutiful in regard to his business, and very sober; I never saw him in a quarrel all the time I sailed with him, we both sailed in one barge together.

Guilty . Death .

This being Friday, he received sentence immediately afterwards to be executed the Monday following, and his body to be dissected and anotomized; he was executed accordingly .

117. (M) Mary, wife of Luke Kenchelow , was indicted for stealing a woman's stuff gown, value 4 s. a pair of worsted stockings, value 6 d. and a man's silk cap , the property of Edward Jarrard , Nov. 6 . ++

Mary Jarrard . I am wife to Edward Jarrard , I live at the Hat and Bonnet in More-street, St. Anne's Soho ; I was in my parlour the 6th of November between nine and ten, I saw an arm come down from where a gown had hung up; I got to the door and missed a gown; I saw the prisoner running, I followed and called stop thief; she was stopped; I saw her sung the gown into a cheesemonger's shop; the gown had hung at the window with the other things mentioned in the indictment pinned to it. (Produced in court as they had been pinned on, and deposed to.)

Sarah Pain deposed she saw the whole of the transaction, which was began and finished in about two minutes.

Prisoner's defence.

I was going by and heard the gentlewoman call stop thief; I stood to look as other people did, and they laid hold of me, and charged me with it.

Guilty . W .

118, 119. (M.) John Casey , otherwise Clark , and William Stevens , were indicted for stealing a pair of linen sheets, value 8 s. a blue cloth coat, value 8 s. a blue duffil coat, value 8 s. a callimanco gown, a linen gown, a pair of breeches, and a grogram cardinal , the property of James Tyley , Dec. 8 . ++

James Tyley . I live in Worcester-street, Old Gravel-lane , and am in the pawnbroking way; I knew nothing of the affair till the 18th of December, then I had an account from Justice Fielding of some things that were stolen from me; I went there and found two gowns, a blue cloth coat, and some other things.

Thomas Graham . The two prisoners and I robbed the prosecutor's house one night between 7 and 8 o'clock, about two months ago; the door went with a pulley into an entry, the people were backwards; Casey went in and handed the things out, a coat, a pair of sheets, a blue duffil coat, a pair of half mourning breeches, and a black cardinal; we took them to Saltpetre-bank, and gave them to a Jew to sell, and he gave them to another Jew a barber; they were sold, and we had 23 s. for our part.

Joseph Levi . I am a Jew; I was sitting at the Red Lion, Aaron Spencer came and said. I have some clothes to sell for them three young fellows; I went with the things to one Jacobs, who is absconded, and sold them to him, and brought the young fellows the money, that was paid at the Three Pigeons; there was a callimanco gown, a pair of sheets, a blue coat, and a black cardinal; they came down again with a pair of breeches, and got me apprehended; (some of the things produced, the prosecutor deposed to the blue coat.)

Casey's defence.

That Jew is come to swear my life away.

Stevens's defence.

I know no more about the things than the child that is unborn.

Both Guilty . T .

(M.). John Casey , otherwise Clark, was a second time indicted for stealing a silk gown called a sack, value 3 l. the property of Thomas Harrison , in the dwelling-house of the said Thomas , December 7 . ++

Elizabeth Harrison . I am wife to Thomas Harrison . On the 7th of December my servant had carelessly left the door open, and a black silk sack was taken while I was in bed, between eight and nine in the morning; Sir John Fielding sent for me, there I saw it; this was about a week or a sort night ago.

Frances Ragg . I serve this gentlewoman the prosecutrix with milk. On the 7th of December in the morning, between eight and nine, I observed the prisoner at the bar about 40 yards from her house, with something black rolled up in a little bundle under his arm; he pulled out a red and white silk handkerchief and wrapt it up, and went away very carelessly towards Saltpetre-bank; in a very short time I came to her door, they had missed the sack, and I told her what I had seen; she desired I would go with her servant to Saltpetre-bank, there the prisoner was playing at toss-up; as soon as he saw me he slinked away.

Joseph Levi . I sold the sack to Jacobs for half a guinea, he had sold it to another Jew woman; I had it back from her, and carried it to Justice Fielding's, where the lady saw it.

Guilty 39 s. T .

There was another indictment against Casey and Stevens.

120. (M.) John Parker was indicted for stealing a pannel saw, value 5 s. the property of John Wilkinson , Dec. 24 . ++

John Wilkinson . On the 24th of December I was doing business in a house in Charlotte-street, Pancras parish; I had been out of one parlour to another about a minute; coming back I met the prisoner at the door, I stopped and looked at him; he said, brother, I hope you do not think I have been robbing you; he went away; I soon missed my saw; I ran after him, and stopped him in Great Charlotte-street, and took my saw from him.

Prisoner's defence.

Another man stole it and gave it to me.

Guilty 10 d. W .

121. (M.) William Steel was indicted for stealing two cloth jackets, value 2 s. a cotton shirt, value 6 d. three handkerchiefs, value 12 d. a pair of worsted hose, value 6 d. the property of Daniel Heard , Nov. 30 . ++

Daniel Heard . I live in Essex; I am master of a Ship called the Rose , that lay at Harris's wharf, St. Catherine's. On the 30th of November I lost the things mentioned in the indictment, the prisoner was missing at the same time; he used to be seen about the wharf before; by enquiring about Rosemary-lane, I got information the prisoner had sold them to a man there; I took him up in about a fortnight, and upon being charged, he owned he did go on board and steal the things; that they were in a bundle, and the stockings might drop out, for he said he did not see them; I found the two jackets upon Mr. Prescot.

John Prescot . I am a salesman, and live in Cable-street; I bought these two jackets of the prisoner at the bar; (produced in court and deposed to.)

Thomas Terril . I had the prisoner in custody; I heard him own he stole these things from on board a vessel, and sold them to Mr. Prescot.

Prisoner's defence.

I bought the jackets at Harwich on the 16th of September, and sold them on the 15th of November to Mr. Prescot.

Guilty 10 d. W .

122. (M) Elizabeth Ireland spinster , was indicted for stealing a pair of linen sheets, value 12 s. the property of Valentine Lee , in a certain lodging room lett by contract , &c. Nov. 18 . ++

Valentine Lee. I live in George's-court, Clerkenwell ; the prisoner took a lodging at my house, and was in it about three weeks or a month; she went away on the 18th of November; about a fortnight after I broke the door open, and missed a pair of sheets from her bed; I found her in the Borough and took her up; she confessed she had my sheets, and said I should have them again; she said she had sent one of them to a pawnbroker in St. Paul's Church-yard, and the other to a pawnbroker in Holbourn, facing Fetter-lane end; at one of the places they produced a sheet in her name, but that was not mine, there was none to be found at the other; then she said she had sent the sheets and key by a porter to me, and that he was run away.

Anne Leanart , Elizabeth Wright , and Robert Marshall , all deposed to the hearing her confess she had taken and pawned the sheets.

Prisoner's defence.

I sent the sheets home from a house in Warwick-lane by a porter, but I never heard nothing of him since.

Guilty 10 d. W .

123. (M.) Hugh Kiderington was indicted for stealing four linen sheets, value 10 s the property of James Smith , January 6 . ++

James Smith . I am a shoemaker and live in Golden-lane , the prisoner lodged in my house; I lost one sheet on the last day of December, another the first of January, and on the 5th another pair; the last were from off his bed; I took him up and charged him with taking them; he owned he had taken and pawned them, and carried me and the constable to the pawnbroker, where we found them.

William Warren . I am a pawnbroker in Red-lion market; the prisoner pledged these four sheets to me at several times; (produced and deposed to.)

Prisoner's defence.

I am a brush-maker; I am threescore and nine years of age; I am poor and out of business, and in want.

Guilty 10 d. W .

124. (M.) John Philips was indicted for stealing three pair of cotton hose, value 4 s. the property of William Vals , January 8 . ++

William Vals . I live in Tavistock-street , the prisoner was my footman . On Friday evening last about 8 o'clock I was out, and sent for home, the prisoner having been accused of robbing of three pair of stockings; I taxed him with it; he owned he had, and begged I would forgive him; I sent for a constable, and had him taken to the round-house, and the next morning he was examined by Justice Kynaston, there he owned the same.

Thomas Wilkinson . I am servant to the prosecutor; there was one pair found in the prisoner's box, and two other pair fetched from his washerwoman; I asked the prisoner where he had them; he said he bought them of one Davis a journeyman taylor from Wales; I told him a journeyman taylor could not afford to wear such stockings; then he confessed he had taken them out of the shop, and desired I would not tell my master, (produced in court,) they have all been worn; two pair were washed and one dirty.

Vals. The prisoner has lived with me about seven months, I received a very good character of him.

Prisoner's defence.

I bought a pair of stockings and left them on the counter in the shop, and when I came again to look for them, there were a pair in the same place; I took them to go out in; as for any other stockings, I know nothing of them.

To his character.

Mr. Bennet. I knew the prisoner a boy in the country; he came to town about three quarters of a year ago; he came to my house, and desired me to give him a character; I said I had not known him lately; he appeared to be a very sober lad; I said I could not give him a character, but desired him to come to my house now and then to get a dinner; he went first to Mr. Roberts's the banker, and from him to the prosecutor.

Guilty. 10 d. T .

125. (M.) Thomas Burbridge was indicted for stealing two mahogany planks, value 20 s. the property of Humphrey Bramble and James Brightman , Jan. 12 . ++

Humphrey Bramble . I am in partnership with James Brightman ; we missed one mahogany plank last Tuesday morning, and the other about three or four months ago from out of out yard; my men had opened a block as they call it; that is, they had cut it into planks, and set them up one against the other, and on Tuesday morning one plank was gone; I having had the prisoner in New Prison on such an occasion once before, I shewed my servant his house; he went in, and got it out of the prisoner's son where the plank was, which was near Cripplegate; I went there and found the two planks: I sent for a plank from home that was fellow to the first plank and they fitted exact both in length and breadth; the ends were not square but much sloping; I am able to swear the two planks are mine, the other belongs to the same that were cut but last week; the prisoner makes chairs; and sells them for half the value.

James Beard . I am a sawyer, and live at London-wall; the prisoner delivered one of the planks to me on Tuesday morning, and the other he had pitched at my gate; he desired me to cut them by 10 o'clock; Mr. Bramble and two of his men came, and said they were Mr. Bramble's property; the prisoner brought them about half an hour after six in the morning, he gave me different directions how to cut them both.

Prisoner's defence.

I delivered but one plank; I bought it of Mr. Robinson in Houndsditch last summer; the quantity I bought came to almost 10 l.

Guilty . T .

126. (M.) Thomas King was indicted for stealing two geese, value 6 s. the property of Anne Chalkhill , Dec. 26 . ++

Anne Chalkhill . I live in Whitecross-street , and am a poulterer ; I had two geese lay dead and picked in my window, which were taken away near nine in the evening on the 26th of December.

Richard Talman . On the 26th of December between the hours of eight and nine at night, I was standing in my mother-in-law's shop, Mrs. Chalkhill; I was talking to some people; I heard a cry, there goes the thief; we having been frequently robbed, we had taken this method of tying the fowls all to a string, the string broke; I missing the two geese, went out and followed the prisoner, and saw the two geese on his back; he turned down a court and dropt them; I still followed him; when I came up to him, he took up a brick, and put himself against the wall in a posture of defence, to strike at me; he seeing me resolved to take him ran away; I pursued and took him; he was never out of my sight, or above three arms length from me; we got him to a public-house while I got an officer; we tied his hands, he got loose and knocked down several people that assisted the constable; he vowed revenge when he got his liberty; the geese were taken up and carried back.

Prisoner's defence.

I was coming along Bunhill-row very much in liquor; I got about the middle of the row, and heard the outcry stop thief; a man came running after me as I was walking, he went past me; I was making the best of my way home; in about two minutes after this gentleman came up and stopt me, and took me in at the Two Blue Posts in Bunhill-row, and left me in custody with no body; I had a pint of beer in the house; the man said, has any body any charge of this young man; they said no; then the man bid me go out; as I was going out, an old man came and said I should not go out.

To his character.

Joshua Sclater . I am a packer, the prisoner is a watch-pendant maker ; I have known him near seven years, he is a very honest man; business has been dead, and he has lately turned night-man.

Guilty . T .

127. (M.) John Harvey was indicted for stealing a cock, value 1 s. six hens, value 6 s. a pig, value 6 s. and a woollen horse-cloth, value 6 d. the property of Mary Bosanquet , spinster ; and one iron spur plated with silver , the property of John Swinley , Jan. 5 . ++

Sarah Crosby . I live with Mrs. Bosanquet at Laytonstone ; last Monday se'night there were seven or eight fowls and a pig in the house, and in the morning they were all gone, and the horsecloth missing out of the stable.

John Swinley . I am servant to Mrs. Bosanquet; the door was locked on Monday night the fourth of January, about half an hour after six; we had seven hens in the hen-house and a pig, they were gone the next morning; we pursued to London, we was informed there was some fowls at a barber's at Bromley; we went there and found the six hens and a cock, a pig, a spur, and a horse-cloth; I can swear to the cock and two of the hens, the pig and horse-cloth; I have the fellow to the spur in my pocket: the prisoner is son to a man in our neighbourhood; the prisoner has been in custody several times, and he always shams mad and so gets cleared.

John Bell . I am a watchman at Bromley; calling the hour five in the morning the prisoner came by me; I bid him stop to see what he had got; he went to go the back way; I followed him, and ran my hand against the pig in the basket; I searched him, he had the seven fowls upon him, and the spot in his pocket; he told me he bought them in the road coming along, but could not tell of who.

Prisoner's defence.

The peace of God be with you, I make no defence.

Guilty . T .

128, 129, 130. (L.) Mary Anthony , Anne Claxton , and James Dollanson , were indicted for stealing seven pair of silk stockings, value 3 l. the property of James Shannon , privately in the shop of the said James , Dec. 12 . ++

The evidences were examined apart.

James Shannon . I am a hosier , and live in Smithfield ; on Saturday the 12th of December I was in my back room behind my shop, the two women at the bar came into the shop to my young men; I observed through the glass, Anne Claxton looked very sharp at some silk stockings; I came to the middle of the shop, and pulled out my watch, and told my young man it was half an hour past seven, and I would go to the butcher's to buy some meat; Mary Anthony asked for a pair of stockings with red clocks; my young man pulled down a parcel; having lost some goods on the 28th of November, I was very desirous to set some of these thieves, for if we make a show in our windows, these people will take them away; I signified by my words that he might have a sharp look out; I went on the outside the door, and there saw James Dollanson standing facing the door, about a step or two from it; I saw this parcel of silk stockings in the window, when I was on the outside the door, among other goods; I had before tied a string to the parcel, and the other end of the string I had fastened to the bolt that fastens down into the threshold of the door; Dollanson turned to the right, and I to the left; I looked back, and saw him come to his former standing by my door; I went still farther, because I saw him look after me, till I went to the corner of Cloth-fair, then a woman met me, and I crept behind her till within two doors of my own shop; then I saw Dollanson creep down towards my door, he took up this parcel in his hand; then I made towards him, I saw him put the parcel under his arm, and make towards me about four steps; when I saw my property invaded, I made towards him; I observed he either turned round to see what stopped him, or the cord turned him round, I know not which, but he turned round; he was got the length of the cord, I took hold of him; then the parcel sell from him towards the wall; the parcel, containing seven pair of silk stockings (produced in court, tied up with a cord about four yards long fastened to it;) it is in the same condition now as it was then; I craved the woman's assistance, she was big with child and gave me none; my young man missing the goods came to the door; he and a carpenter assisted me in bringing him in; the cord was still fastened at the other end at the bolt.

Patrick Shannon . My master left me in the shop between seven and eight that night; the two women at the bar came in, I shut the door after them; Mary Anthony asked for a pair of blue stockings with scarlet clocks; Mr. Shannon came into the shop, and pulled out his watch, and said he would go to the butcher's; he went out and left the door half open; just as he went out Anne Claxton stood by the window, and leaned over; Anthony was looking at the stockings, and seemed to find fault with the colour, she wanted more goods to be pulled down; I looked towards the window; Claxton was between me and the parcel, so I bid her go and shut the door, that the wind might not come in; then I missed the parcel of stockings from the window; I then went to the door, and saw Mr. Shannon and a carpenter struggling with the man at the bar, by the door; we got him in; then the carpenter went and fetched the parcel in: when Dollanson was in the shop, he seemed not to know the women, and Claxton said she did not know him; Anthony looked like as if she was frighted; Claxton said to her, what are you afraid of.

Samuel Carrol . On the 12th of December, between seven and eight in the evening, I was behind my counter, and heard a noise at the window; I went towards the window, in about a minute there was screaming out, as if murder was committing; I ran to the door; there was Dollanson, and the two women at the bar, in company; Dollanson was using another woman ill; this I mention, only to prove the three prisoners were no strangers to each another.

The string connecting the parcel in the position the owner of the parcel had fastened it; had the string broke, or been separated but an inch, it would have been a felony; this was a felony began but not compleated, they were all three Acquitted .

This contrivance may be improved in the following manner; place a small weight of lead, with an upright pin, about an inch long on the top, upon the end of a shelf; let a loop at the end of the string be put over the upright pin, which will disengage itself as she lead falls, which fall may either disturb a tell, or full upon any thing that will alarm.

131. (L.) James Burn was indicted for stealing twenty-five copper halfpence , the property of James Gordon , Dec. 19 . +

James Gordon . I keep a shop in Fenchurch-street . I had very good reason to suspect the prisoner, who was my porter , of robbing me. On the 18th of December at night, I left three shillings-worth of halfpence, which I had marked on the edge with a small file, in my till, and only them; the next morning I got up before the shop was opened; I have a sky-light at the end of my shop; I got upon that, and waited till the prisoner came to open the shop; he came in, and went immediately round to the till, and tried if it was open; this was about half an hour after six; the maid let him in and gave him a candle, and went up stairs about her business; I saw him draw out the till, and put his hand in, and take out I suppose a handful of halfpence, and put them in his waistcoat-pocket; then he returned to the body of the shop; there he paused a little, and went to the till again, and took out another parcel; my shopman Samuel Godfrey was with me; I went down into the shop in about ten minutes after, and said to the prisoner, James, go to Mr. Kent's, and get me a quire of paper; I thought that might come to about the money he had taken; I had beforehand informed Mr. Kent of it, and desired him when he came to get halfpence of him if he could; he went and brought me the paper; I went immediately to Mr. Kent, and he showed me six penny worth of them marked halfpence; I missed a shilling and a halfpenny in halfpence, out of the three shillings which I put in the till; I took the prisoner before my Lord-Mayor, and he was committed.

Edward Kent . I am a stationer, and live almost opposite Mr. Gordon; he came to me about the 15th or 16th of last month, and said he had reason to suspect his till had been robbed more than once, and he suspected his porter; he proposed to mark some halfpence over night, and leave them in his till unlocked, and desired me, if he came for paper, to keep the money I took of him by itself; he had not an opportunity to, put it into execution till the 19th; on that morning he sent his young man to desire me to be in the way; the prisoner came and asked for a quire of gilt paper, with which I served him; this was about 8 o'clock, he paid me in ten pennyworth of halfpence; Mr. Gordon came over, in I believe three minutes after, and I showed him the halfpence; these are the identical half-pence, (producing six pennyworth of halfpence;) about three o'clock Mr. Gordon and I went with the prisoner to my Lord-Mayor, and produced the halfpence before his Lordship: they have never been out of my possession since, nor mixed with any other money; (the Court and Jury inspected them, and found them marked as described by the prosecutor.)

Prisoner's defence.

If I was to die this minute, I never wronged my master of a shilling, or a shilling's-worth in my life; he cannot give me a bad character; my master gave me leave to have recourse to the till for halfpence, in order to give change.

Q. to prosecutor. What do you say to that?

Prosecutor. I never gave him leave to put any into his pocket, or to go to the till when I was not in the shop; I have a shopman constantly in the shop.

To his character.

Joseph Wade . I am an orange merchant, and live in Thames-street; I have known the prisoner two or three years; he lived with me about five months as a porter, I always found him very honest.

Thomas Royal . I deal in fruit; I have known him two or three years; he portered for me before he was with Mr. Gordon; I thought him an honest man.

Francis Egan . I am a victualler, and live in Rosemary-lane; I have known him five years, he is a hard working man; I never heard any thing against his honesty till now.

Peter Gilling . I have known him about five years; I never heard any thing to his dishonesty till this.

Martin Doyle . I have known him five years; his character was always very good.

Edward Tight . I have known him about four years; I never found to the contrary but that he was very honest.

Thomas Langford . I have known him between three and four years; he always had the best of characters.

Hugh Collins . I have known him between four and five years; I never knew any thing but what was honest.

John Staple . I have known him five years; he has a very good character.

Q. to prosecutor. Did you give the prisoner any money to pay for the paper?

Prosecutor. No, I did not.

Guilty . T .

132. (L.) Benjamin Smith was indicted for publishing, a false, forged; and counterfeit receipt for money, purporting to be a receipt from Daniel Glading , who had served on board a certain ship called the Charming Nelly, where of he the said Benjamin Smith was master, for the sum of 37 l. 3 s. 1/4, of the current money of the island of Granada, dated April 9th, 1766, with intention to defraud John Dunbar , the former owner of the ship; it was laid also to be published with intention to defraud David Trinder , Oct. 21 . ||

Samuel Crossley . I remember this bill (holding the portage-bill in his hand) was produced by Mr. Reynolds, and Capt. Benjamin Smith sat next to him, as a receipt for sailor wages; it was produced as a general receipt, Daniel Glading was there, he was made to write, his name, and he was another, one Cornish; Capt. Smith at first insisted he had paid all the money contained in that bill; Glading was called in, and this receipt produced to him; he denied ever having received the money standing against his name, and that the name was not his hand-writing ; I am only speaking of the first meeting, when the arbitrator made Glading write his name; after that Capt. Smith said; he believed he had not paid Glading.

Q. How long was this after he said he had paid the money?

Crossley. It was in a few minutes talking; I suppose in about five or six minutes.

Q. Did you hear the Captain account for how Glading's name came to be there?

Crossley. No, I did not; the man had said he had received no money, and when we saw the receipt, it was judged that was wrong; Glading swore before the arbitrator it was not his handwriting, and he had not received any money; then in about five or six minutes the Captain said, I believe I have not paid Glading; I remember one circumstance when we brought is these people, Mr. Reynolds said to Capt. Smith in my hearing, strike it out of the account; Capt. Smith said no, I will not; but it was afterwards agreed to have it struck out.

Q. Do you remember there was a letter produced?

Crossley. I do.

Q. Was it before or after the production of that letter, that he said he believed he had not paid Glading?

Crossley. It was after the production of the letter.

Q. Do you remember these words paid in part?

Crossley. No, I do not.

Q. When was this?

Crossley. I believe this was in October; I was present only at two meetings, the last was when the bag was ran away with; I attended as a friend of Mr. Trinder's.

Q. Do you know how much the ship had earned?

Crossley. No, I do not.

William Green. I am partner with Mr. Trinder in the brewery, not in this; I was present at all the meetings; I was there when there was a dispute about Glading's receipt.

Q. What meeting was that?

Green. I believe it was the 30th of September, we challenged the Captain with that as being a forgery, that he never had paid Glading that money; we mentioned it to the arbitrator and Capt. Smith's attorney, that was the portage bill; Capt. Smith insisted upon it he had paid Glading and one Cornish, that he had paid the money himself to these two men, on which we called in Glading and Cornish; Glading insisted upon it that Capt. Smith had never paid him a shilling, and that he never gave him a receipt, and this receipt was shewed to Glading, and he denied that this name was his hand-writing; he had first been sworn, he said that name was spelt differently from his name; he was ordered to write his name, to compare it to see if it was his or not; after they had compared the hand-writing, the arbitrator insisted upon it it was his hand-writing; Mr. Smith at first said he had paid it, but after that Mr. Reynolds insisted upon it that it should be struck out; afterwards Capt. Smith said, upon my producing a letter which I had in my pocket of Capt. Smith's to Mr. Trinder, desiring Mr. Trinder to pay the money, then Capt. Smith said, he believed it was not paid; in the letter he requested Mr. Trinder to pay the money, as he had been threatened to be sued for it by a proctor; till I produced that letter, the Captain did not express the last doubt about it.

The letter read to this purport.

"I have made Glading the sailor the account,

"and sent Mr. Longden a proctor in the Commons,

"which you please to pay, signed

" Benjamin Smith ."

Nov. 5, 1766.

Q. When was this?

Green. This was in the November preceding.

Q. Had no body the curiosity to ask how Glading's name came there?

Green. Not as I know of; after I shewed the letter, they all gave it up.

Cross examination.

Q. Was you there when the portage-bill was first produced?

Green. I was.

Q. On whose account was you there?

Green. I was there at the desire of Mr. Trinder, to examine the accounts; I was at all the meetings.

Q. Take the bill in your hand, is this the same bill?

Green. This is the same bill, (holding it in his hand.)

Q. Were the words paid in part there then, as now on that paper, to Glading's name?

Green. I cannot positively say.

Q. Whether you have not spoke of these words having been wrote there when it was produced?

Green. No, I have not.

Q. Will you swear the words were not there at that time?

Green. No, I will not swear that.

Q. What words passed between Capt. Smith and Glading, about some slops that Glading had?

Green. I do not recollect any thing of that.

Q. Will you take upon you to say there was no such thing mentioned?

Green. I will not.

Q. Was you at the meetings in order to point out the errors?

Green. I was.

Q. As you was there for this purpose, will you take upon you to say, there was not mention made of money being allowed for slops?

Green. I will not take upon me to say there was not.

Q. Was not there a charge about Cornish of the same sort?

Green. There was.

Q. How came it there was not an indictment upon that?

Green. You know he was discharged at Guild-hall.

Q. How long after the portage-bill was produced, that mention was made of this letter?

Green. But a few minutes; then it convinced every body that he had not been paid, because Mr. Trinder has paid the money; the balance that was settled was paid by Mr. Trinder long before that.

Q. What money did Mr. Trinder pay to Glading?

Green. He paid him 18 l. 2 s. and a penny sterling.

Q. Cannot you tell what was allowed for slops?

Green. No, I cannot; this money was paid in consequence of the letter to Mr. Trinder.

Q. Cannot you remember any thing about slops that Glading had?

Green. No, I cannot; I do of Cornish, because he had not received his money of Capt. Smith, nor of Mr. Tinder neither.

Q. Whether it is not customary for sailors to put their names to these things, before they receive their money, so trusting to the merchants?

Green. I do not know that it ever was done; I have paid several ships myself; I have three in my pocket now.

Daniel Glading . I was a mariner on board the Charming Nelly, under Capt. Smith ten months, at 1 l. 16 s. by the month sterling.

Q. How much was due to you for wages in that ship?

Glading. I cannot say directly, but I had 18 l. 2 s. and a penny of Mr. Trinder.

Q. Did Capt. Smith pay you any money?

Glading. I never received any money of him in my life.

Q. Did you ever set your name in the portage-bill?

Glading. No, I never did.

Q. Look upon this bill, whether you ever set your name to this?

Glading. (He takes it in his hand) No, that never was my hand, I never signed it: there was a paper produced to me, in which it was insisted my name was, but that was not my hand-writing, it was not spelt as I spell mine; I shell it Glading, that was Gleading; I never put there in my name; I am sure I never signed no paper only the shipping paper; here is my name that I wrote before the arbitrator on the back of this.

Q. Did you take notice of the difference of the spelling before the arbitrator?

Glading. I did.

Q. Did you ever give any body the authority to write your name on this paper?

Glading. No, I never did.

Q. Had you been at sea before you went in that ship?

Glading. I had.

Q. Did you ever sign any portage-bill before you received your money?

Glading. No, never.

Q. Suppose 30 l. was due to a sailor, and the Captain to pay him 10 l. in part, is it customary for a sailor to put his name to it, and trust to the Captain for the rest?

Glading. I never knew any one do it.

Q. Did you ever know any one paid in part?

Glading. No, I do not remember any.

Q. How long have you been at sea?

Glading. I have been at sea fourteen or fifteen years.

Cross examination.

Q. Look at this is this your name?

Glading. (He takes the paper in his hand). This is the way I spell my name, it is my hand-writing; (this is on the back of the bill.)

Q. Did you receive any slops of the Captain, and to what account?

Glading. I received some slops to the amount of 5 l. and upwards, that was settled with my wages.

Q. Can you fix the exact sum?

Glading. I cannot.

Q. Where did you receive the slops?

Glading. I received them at Tobago.

Q. Had you never any conversation with Capt. Smith about settling your wages?

Glading. No, never.

Q. Did you not leave the ships?

Glading. I did, in the Granades; I went to the main in a trading sloop, my voyage was finished in the Granades; I staid about a fortnight in the town, and asked Capt. Smith for my clothes, and he would not give them to me, he would not pay any body, nor discharge them.

Q. Why do you say your voyage was out?

Glading. The voyage was to be about three-months, and I was kept about ten.

Q. Did the Captain go any other voyage besides that?

Glading. He did not.

James Glading . I am brother to the last witness I have seen him write a great many times.

Q. How do you spell Glading?

J. Glading. We spell it Glading, we do not put the letter in it.

Q. Look at this bill, the name here, whose writing do you think it is?

J. Glading. I do not believe this name is my brother's hand-writing, this is Gladi, and a sort of a g; I believe none of these letters are his handwriting.

Prisoner's defence.

In the first place, I never insisted upon any man's hand-writing. I never saw this Glading write; it is very common with me to let my mate and officers settle these accounts; this Glading shipped at the Granades to perform that voyage, when we came to Tobago he ran away, and left the ship, and was two or three months in the woods; after that he solicited me to bring him back; when I settled the portage-bill in figures, I never knew half the people's writing in it; when I came to settle Glading's wages, he would not take his money, and said if I did not allow him the time he was absent from the ship, he knew where to get it; I had only advanced him 5 or 6 l. in part in slops; when he came home, the first news that I had of him, was a letter from the Commons about his money; I immediately sent to Mr. Trinder, and said I was liable to be arrested, and desired he would pay him, and settle the accounts, slops and all; our complement of men were forty-seven; it was some months before this arbitration, that I had sent to Mr. Trinder about this account, and I did not just at first recollect it.

For the prisoner.

Peter Hodgson . I was one of the special jury that was to have tried the cause in which Capt. Smith was plaintiff, and Mr. Trinder the defendant, before Lord Mansfield at Guildhall; when it was gone into a little it was agreed to be referred; it was referred to me, I did not like to undertake it.

Q. Why so?

Hodgson. Because I knew Mr. Trinder was a contentious man, and chuses a great deal of law; my Lord Mansfield strongly recommended me, and said I should be indemnified; after my Lord had said so much, I did consent to take it upon me with assistance; Mr. Lee, another special juryman, consented to give me assistance: this cause was in July, and our first meeting was on the 16th of September; there were Mr. Trinder, Mr. Green, Mr. Dalby, and Mr. Macbean; they attended on the part of Mr. Trinder; I gave every body an opportunity, because I wished that every body should be satisfied; there was a charge brought in by Capt. Smith in a book, I went through that charge first, the papers were brought by Mr. Reynolds and Lem; there was a book in which were all the particulars, and they brought vouchers and laid them before me.

Q. Did the Captain insist that these were real vouchers, or in what way did he bring them?

Hodgson, I was continually in doubt about it; I had various accounts from various people, people that were thorough masters of these sort of transactions; I took great pains in it.

Q. What was the demand on the one side?

Hodgson. The demand amounted to 2600 l. or thereabouts for provision, for wages, and various other things; money he had paid, commissions for getting the ship supplied, and expences on shore, and many things that constitutes the Captain's demand; I desired the two attornies to both attend; there were a great many vouchers brought; I took the book and crossed what I thought material, and went through the whole on one side the first meeting, but I made no judgment of them then, but laid them by; this was held in Mr. Lee's presence, from about eight in the morning, till between two or three in the afternoon; then I desired they would agree whether that was right cast on one side; Capt. Smith was a stranger to me at this time; I found he was a very bad writer, and did not understand much of figures; after some altercations, and seemingly a good deal of ill-nature from Mr. Trinder, Mr. Lem did come and enter into it on the account of Capt. Smith. I was told there was a set-off which extinguished every article, but no talk of forgeries; then they insinuated that the Captain was a very bad man, and abused him very much; I understood there was something very bad, that I was very much shocked in being concerned in the business; but as Mr. Lee said he would attend me, I did call another meeting; the second meeting was the 23d of September, there was an account produced by Mr. Green in behalf of Mr. Trinder, the attornies were there, and their clerks; I examined the set-off, I believe it was about 2300 l. they have the account; my Lord Mansfield told me I had nothing to do but with that one particular voyage; Mr. Dunbar was the owner, and he had signed his interest to Mr. Trinder; I examined the set-off, and found it amounted to mere nothing, either in one way or the other; it did not amount to I think an hundred pounds; in short, it was generally given up by Mr. Trinder and his friends to about an hundred pounds, that regarded that voyage; the other had been settled and agreed before with Mr. Dunbar; however, there was a disputed article between Mr. Trinder and Mr. Green, which amounted to about 200 l. the Captain said he had paid great part of it; there were words arose upon that, so I recommended that they would settle that between themselves; Green and Trinder would not settle it; this set-off failing so extraordinarily alarmed me very much, I could not conceive the meaning of it, it was only amusing of me, Mr. Dunbar and Mr. Trinder's accounts were so very intricate; Mr. Green behaved very well, in that he said he was sorry that had been produced, but he did not know that they were settled in other accounts, that was 2308 l. there were hints thrown out of forgeries after this set-off; I think there were some insinuations of that sort, but they began to blaze gradually; I begged of Mr. Trinder, and said here is a large sum of money due to the Captain, and said I would do it by an average; I consulted Captains, and took their opinions on it, and gave Mr. Smith no more than a man in such circumstances should have in such a voyage; I said to the others if they did not bring better accounts than these, I should be obliged to give the Captain 2600 l.

Q. When was the portage-bill first looked over?

Hodgson. I believe it was looked over at the first meeting.

Q. Do you remember this against Glading's own name, these words paid in part?

Hodgson. I remember it clear and well, it is wrote against the wages per month, 3 l. 6 s. per month.

Q. Was it produced as evidence that there was wages to be paid by somebody?

Hodgson. I am sure those words were then, there is a blot upon the name now.

Q. Whether the Captain produced this portage-bill, and insisted upon it as a real voucher?

Hodgson. I cannot particularly say that the Captain produced it as a voucher, he said he could not remember the names, he could not fix them as any body's names, he did not insist upon them; he had some doubts I should give him but very little; Mr. Reynolds told him to go on, and said Mr. Hodgson will not go on without the advice of other people, and he will do you justice if you deserve it: in regard to Glading, Mr. Green retired from this business and he brought in Mr. Crossley; there was a day that Mr. Lee left me, when Glading came in, he gave something the same account he has now. I believe the Captain was extreamly uneasy; they asked about the portage-bill, he said he did not pay Glading, he only paid him in part, he was paid the rest by Mr. Trinder; I believe the Captain did not know who had signed or who not: I then examined Glading, he gave the same account he has now before the Court; I took off a great sum of money. If that trial had gone on at Guildhall, and if Mr. Trinder had not made a better defence than he did before me, I should have given 500 l. more than I have, but I found Mr. Trinder was very much confused with Mr. Dunbar; I gave the Captain 2100 l. I now say Mr. Lee did put the damages himself.

Q. Do you recollect the letter Mr. Green has mentioned?

Hodgson. Upon my word I do not, Mr. Green was backwards and forwards, but was particularly ordered to withdraw when this matter of the examition of the witnesses was.

Q. Whether there was not an attempt made upon you not to make an award?

Hodgson. Mr. Trinder had spoke to me once or twice to desire some private conversation with me; I did at first say I should be glad to see him at any time; the second time he repeated it; I then told him he did not speak what I could understand, he wanted some private conversation with me; I said I will hear none of you but in public, come there and say all you can; at first he was very angry, and would not come to dine with us; I told them if they would examine how all affairs stood, and see if they had effects to pay in the main, and drop all suits, I would endeavour to get the tradesmen of the ship to take their money in five years, by installments of 20 per cent. per annum. Mr. Trinder said if I would undertake to be arbitrator he would consent to it; I said I would have nothing more to do with arbitration, this one being sufficient for me, Mr. Trinder's people would do nothing towards the set-off; I gave them copies of all the bills; afterwards we had nothing but ill language, words arose to a prodigious pitch, they were very riotous and very troublesome at the last meeting; as Mr. Trinder had been exceeding remiss in going on, I said that morning I would make an end of it; Mr. Macbean, the attorney for Mr. Trinder, behaved exceeding genteel till that very day; he said Mr. Hodgson, this affair grows very serious, here is a vast many forgeries, I desire you will send for Mr. Lee; Mr. Lee was sent for; we sat down, Mr. Macbean then said we can prove forgeries at Portsmouth, and have certificates to prove them; I said bring the people before me, and I will examine them; I told him I determined to make an award; he said I must be cautious what I did, and that it was recommended to me by an eminent counsel to be cautious of what I did, saying he was my friend and countryman; I said I will wait on no counsel, but if the counsel comes to me I was ready to hear what he had to say; Mr. Lee and I agreed at the meeting, Mr. Crossley objected to several articles; we set from ten till one o'clock, when I ordered every body to withdraw but Mr. Crossley and the attornies; they came and broke into the room, I thought the house was coming down, they seized on Mr. Reynolds's bag; I think Mr. Green was the man that seized it.

Green. The reason that I took the bag was, Mr. Hodgson said there were things of a serious nature, and he would not foul his fingers with them; he would not examine an evidence I brought, but he would examine the Captain; Mr. Crossley told me the Captain said he believed some of them, and I might the rest; the Captain was going away, and as Mr. Hodgson seemed to think he had forgeries in his hands, I was afraid the Captain would run off.

Q. What was your reason to think so, when here was a balance of 2100 l. due to him?

Green. The reason was, because the first account he delivered to Mr. Trinder amounted to no more than 1752 l. and 8 d. and the other to 3560 l. and it was declared that Mr. Hodgson would burn his minutes, and I feared all would be destroyed.

Hodgson. There I blame Mr. Macbean, he knew of this attempt being made; had I known of it, I should not have let the bag be taken; they got the Captain and bag away; the Captain was carried before my Lord-Mayor, there he was set at liberty; I made the award and published it; I was by when Mr. Macbean said, if you will let us have another trial they will give up all these charges; there was my Lord-Mayor, Sir Richard Glyn , Mr. Alderman Turner, and Mr. Recorder; Mr. Macbean should not have winked at a thing, that might have caused bloodshed and destruction in the room; there was one Cornish's account mentioned, there was a lady came and proved he signed the paper, but Cornish said he had not; I took reat pains with Cornish and made him write, nd the gentlemen were of opinion it was his handwriting; I believe the Captain did say that Cornish did write his name; the Captain did not come i that way in expectation I would give him every thing he charged; he had buried his ship several times over, and he did not insist upon things in that way; in the nature of those vouchers laid before me, I did not understand them to be such paper as he could take positive knowledge of; they were laid before me to judge in general; it is plain he ould hardly write, it was understood his mate transacted business for him; he had several mates another people; I have reason to think the Captain was not on shore at Portsmouth; it was laid before me he was afraid of being arrested; when the portage-bill was put in the bag, this name was a reat deal more perfect than it is now; I believe the blot has been made or increased since *.

* There were several large blotches on the bill of different-coloured ink.

Cross examination.

Q. When you first engaged in this business, had you conceived any prejudices against Mr. Trinder?

Hodgson. No, I had not; I knew he was very wangling, noisy, and troublesome; and knowing him such, I should have declined it had I had time so reflection.

Q. At which meeting was it that it was said the Captain had not paid the money?

Hodgson. That was blazed about I think at the third meeting.

Q. Do you remember you did threaten you would burn your minutes?

Hodgson. I did declare before them all that I would burn them, but Mr. Reynolds and Mr. Lee begged I would keep them.

Q. Upon your oath, were there any hints, or any thing said by Mr. Trinder, more than a private conversation?

Hodgson. No, he did not explain it. I say now publickly in this court, I would advise every gentleman that is arbitrator, never to take into their hands the papers of any man, for I believe they would have broke into my house as much as they did into the room in the tavern; it was told me several times by some of Mr. Trinder's party, the moment you make your award we shall have the papers; I believe they did intend to prefer bills upon them: when I came to make this award, I had the opinion of several Captains that had known and seen the behaviour of Capt. Smith, who had a very good opinion of him, and Mr. Dunbar gave him a very good character; he said Capt. Smith had been a lucky man to him, that he had taken prizes to the amount of 40,000 l. but he was not then in a situation to pay him a compliment; the Melvil's account was very near two fifths more than this; I had such a character of the Captain by gentlemen, that I had no doubt of his character.

Mr. Lee. I have been present during the examination of Mr. Hodgson, at his request I assisted him; he has given a very just and true account to the Court of what passed; I do not remember during the whole, that Mr. Smith insisted upon any particular hand-writing of any one person; he did not bring them as any particular persons handwriting, but to ascertain his accounts.

William Lem . This is a book (holding one in his hand,) which Capt. Smith delivered to me before the trial; he applied to me, and said I am in great distress, and you have often settled my accounts, I should be glad if you would look over them; I said Captain, from the melancholy tale you tell me, I will do all I can; this article was in the book, then opposite the name of Daniel Glading ( not paid per portage-bill;) this was in April before the trial; this book was laid before the arbitrator, at which time Capt. Smith got up and said, when Glading's name was mentioned, that man ought not to be charged, for he has not received all his wages, and I gave an order to Mr. Trinder to pay the remainder; the portage-bill was then produced, and there was upon that to Glading's name, paid in part; the charge I made was no single charge, but the whole portage; I have known instances that sailors have signed the portage-bill before the account was settled, when it has been in part paid they have signed; mine was not an account closed, mine was the last account that was delivered to the arbitrators; I was in the room with the arbitrators the whole time; upon my oath, I do not believe the Captain said that was Glading's own hand-writing; I know he did say George Cornish 's name was his own hand-writing; I think that blot on the name Glading was not on it when I saw it at the arbitration; I was in the room when Green took the bag away. Acquitted . And a copy of the indictment granted to the Captain.

There were six other indictments against him for forgeries, receipts to butchers bills for fresh provisions, &c. of two of them he was acquitted without calling a witness, and the others were given up by the prosecutor's counsel without going into the evidence. The Captain moved for copies of these indictments, and received for answer from their Lordships, that as an injured innocent person, they had granted him one: and though they declined granting any others, they would not have it understood, that their Lordships apprehended there was the least ground for a suspicion of forgery in these.

133. (M.) James Blakey was indicted for stealing a cloth coat, value 12 s. and a cloth waistcoat, value 6 s. the property of Thomas Thirkill , Dec. 6 . ++

Thomas Thirkill . I am a taylor , and live in Hemlock-court . On the 6th of December I missed a coat and waistcoat out of my shop, and on the 14th I found them at a pawnbroker's; I suspected the prisoner to have taken them as he had access to my shop; I took him up, he owned they were pawned; the Justice committed him to Tothill-fields Bridewell; the pawnbroker told me he took them in of an old clothesman; the old clothesman was sent to me, I desired him to go to Tothill-fields Bridewell; he went and pitched upon the prisoner as soon as he saw him, and said that was the man I bought the clothes of.

Michael Maloney . I am an old clothesman; about the seventh of December the prisoner over-took me coming down Ludgate-hill, and asked me if I would buy a coat and waistcoat that he had to sell; he said they were in pawn, and belonged to an acquaintance of his lying sick, and he could not redeem them, and if I would go with him and give more than they lay for, I should have them; I went with him to a pawnbroker's in Fleet-market; he desired the pawnbroker to let me see the clothes, the pawnbroker would not let me have fight of them till I paid for them; we could not agree for them; we walked out, and towards Holbourn-hill he said there was an acquaintance in Monmouth-street would give me the value for them; I bought them for 18 s. I put down a guinea on the counter, he gave me a 5 s. 3 d. piece; we went to a public-house and I changed it, and gave him his change; then I went to a pawnbroker in Fleet-street, and pawned them for 14 s. when I went to take them out, he said they belonged to the prosecutor, and told me where he lived; I went to him, he took me to Tothill-fields Bridewell; there I picked the prisoner out, and swore to him that I bought them of him.

Prosecutor. The prisoner has been out of bread, and had nothing valuable in his chest; I have chiefly supported him lately; I think it was poverty, rather than a bad wicked heart that drove him to it.

The prisoner said nothing in his defence.

Guilty 10 d. W .

134. (L.) William Taylor was indicted for stealing a linen handkerchief, value 18 d. the property of William Hassell , Dec. 19 . ++

William Hassell . I was in Cheapside on he 19th of December, going towards Cornhill, about a quarter past six in the evening; I crossed about Friday-street , within about four or five dos of Wood-street ; I had not gone above three or four steps before I missed my handkerchief; I turned about and saw the prisoner delivering my handkerchief to another young man; he ran across the street, and I followed him, and stopped him and charged him with picking my pocket; he denied it; I took him to the Compter, and charged a constable with him; on the Tuesday following I took him to Guildhall; he there told me he would get me my handkerchief again or the worth of it, if I would let him go.

Prisoner. He said he would clear me in case I would get him the handkerchief.

Q. What sort a handkerchief was your's?

Prosecutor. It was a white one with a red borer; I had taken it out of my pocket as I crossed the street, and just put it in again before I missed it.

Prisoner's defence.

I was going across the water, I never saw the handkerchief; when the gentleman laid hold of me I was on the other side the way.

Guilty . T .

135. (M.) William Cayley was indicted for stealing a heifer, value 5 l. the property of William Watkins , Dec. 11 . ++

William Watkins . I am a gardener , and live at Hounslow ; I lost a heifer from off the heath on the 9th or 10th of December, she not coming home with her company as usual; I had intelligence of her on the Friday se'nnight after; I went as directed, and found her at Weybridge in Surrey, in the possession of Thomas Keen ; I described her to him before I saw her, a short, little, low, brindle heifer, with the tip of her horns on; I had bought her about six weeks before Michaelmas, at Barnet-fair for 4 l. 10 s. she is now high calving.

Q. Did you know the prisoner before?

Watkins. I did, he has been at my house for radishes for his wife to sell; he lived at Hounslow.

Thomas Keen . I live at Weybridge, on the 11th of December the prisoner was driving this heifer through the village, between eight and nine in the morning, that was Cobham fair day, about four miles from my house; I asked him where he was going with her; he said to Cobham fair; I said, where did you bring her from; he said from Ashford in Middlesex, and that she was his own, that he bought her of old Benham of Heffon; I said what is the price; he said four guineas and a half; I turned and was going in at my door, he hallooed after me, and said if I had a mind to have her, I should have her worth my money, as he was obliged to make up his rent against Christmas; I said you must bate a good deal; I thought she might be worth about 50 s. then he asked three guineas, but at last took my 50 s. I turned her into the yard, and paid the money, and took a receipt; I asked a neighbour the value of her, who told me she was worth double the money I had given; then I said to know the truth, I would go to Cobham fair, and hear what they asked for such a thing; I went and found as my neighbour had said; when I went about the fair to see if I could find the man I bought her of, in searching I found him; I told him the heifer I bought of him was worth double the money, I feared he did not come honestly by her; he swore she was his own; I said I shall not let you go, till you give me an account how you came by her; he had sold me the heifer in the name of William Ballanger ; I saw a man that came from about a mile from Ashford, that man said he knew the prisoner, and that his name was William Cayley ; while I was talking to another person, the prisoner slipt away; on the Monday following I went to Ashford, and enquired if any body had lost an heifer, and a person informed me the prosecutor, who lived at Hounslow had; the prisoner was taken after that, and I delivered the heifer to the prosecutor.

Q. How came you to think the heifer was worth no more than 50 s.?

Keen. My father was a butcher, and when I was a lad, I remember that was about the price for such then; I do not trade in that way, and was an utter stranger to the value of her.

The prisoner said nothing in his defence.

Guilty . Death .

(M.) He was a second time indicted for stealing a black mare, value 30 s. the property of John Stacey , Dec. 7 . ++

Edward Shepcut . I live at Hounslow, the prisoner was taken up for stealing the cow, and after he was committed he confessed he stole three horses of mine; he gave me an account of a key that opened a door at Lord Portmore's, that he used to take out of a hole, and open the door to put the horses into a stable, till the man came in the morning, and he used to have 5 s. a piece for them; I went there and opened the door, and looked in, there was the whiper in. I said here is nothing of mine, but here is Mr. Stacey's mare, a neighbour of mine, I knew her well; then I sent to Mr. Stacey; she was then sent to Weybridge, he went the next morning and brought her home; when we brought the prisoner before Sir John Fielding , he there confessed he sold her for a guinea to the huntsman; this was when he was ordered up from Newgate last Thursday; the huntsman had docked her.

John Stacey . The mare belongs to me; after I missed her I went a great way about after her, but Mr. Shepcut happened to see her in that stable, by which means I got her again; I was before Sir John Fielding when the prisoner was ordered up from Newgate, there he owned he had taken my mare, and sold her to my Lord's huntsman.

Q. Where did you lose your mare from?

Stacey. I lost her from out of a field, about half a mile from Hounslow ; the huntsman told me he bought my mare of the prisoner.

Q. to Shepcut. Does the huntsman farm the feeding the hounds?

Shepcut. I have heard he does; I have lost three horses, they are all killed.

Guilty . Death .

136, 137. (M.) Michael Harding and Sarah Wharr spinster , otherwise Sarah Wharr widow , were indicted, the first for stealing three hempen ropes called head-fasts, value 14 s. the property of Joseph Turner , Robert Newcomb , and John Scott ; and the other for receiving the same, well knowing the same to have been stolen , Jan. 1 . ++

John Scott . I live in lower East Smithfield, I am a lighterman , in partnership with Robert Newcomb and Joseph Turner ; on Saturday the second of this instant, I heard Harding was taken up for stealing some ropes; I having lost some, went and charged an officer with him, and carried him before Sir Robert Darling ; I charged him with cutting off head-fasts belonging to a lighter of our's lying at St. Catherine's ; he told me before the Justice he did do it; I desired he would tell me where he had sold them; he told us he had sold them at a house in St. Catheri ne's-lane, but could not recollect the name of the person till after some time, then he said it was to William Nightingale ; we got a warrant, the prisoner went and shewed us the house, we found a man that answered to that name; the prisoner pointed to a room, and said the ropes were there; the man gave us a candle, we went and looked, and found several head-fasts that had been taken from lighters; I cannot pretend to say that any one of them are mine, but my servants that worked the lighter say they are; we took the prisoners before the Justice again, and that man; the man said he was not the master of the house, that the house belonged to Sarah Wharr ; then we had another warrant, and went and took her up; the man was discharged, and she was committed, but afterwards admitted to bail.

John Moon . I am a waterman. I was upon the top of St. Catherine's stairs, and saw the prisoner Harding in the craft, and cut part of the head fasts away, on the first of this month, about nine or ten at night; there was another person on the stairs, he asked the prisoner what he was about; he said he wanted a place to lie down in to sleep; he took some head-fasts away; I did not know but that he might be about a job, as he goes some times with lighters; I hearing Mr. Scott had lost some rope the next day, I went and told him.

Thomas Fragley . I believe these ropes to be the property of my masters, the prosecutors; I navigate the lighter, and know there are five head-fasts missing at different times; I missed three that morning that Moon came and told us of this; then I went and took the prisoner in a public-house, he owned they were at the woman's house that is at the bar; I went there with my master and found some, these that I have here; (two produced,) I know them to be my master's property; I made the clinches, and whipped the ends of them with my own hands; them I swear positively to.

Henry Ford . I am servant to the prosecutors, I really believe these are my masters property; I remember three of them being missing, and we found these the next day.

Prosecutor. I have no other evidence against the woman than Harding; she owned she bought them of the prisoner, she said as old stuff, and gave a market price for them; two of them are bran new; a new one stands me in about 7 or 8 s. Harding said she gave 16 d. halfpenny for two of them, and 18 d. for the other.

Harding's defence.

I did not cut the rope away, I never had none of them.

Wharr's defence.

I did not know that they were stole, I thought they were no better than old rope to make paper of; I have been but nine months in the business, I had put these among my old ropes.

Prosecutor. She never denied the buying them.

She called eight witnesses, who gave an account she had dealt in rags for paper-making, and had but lately dealt in old rope, of which brown paper is made, and they believed she was ignorant as to the goodness or value of it, and all gave her a good character.

Harding Guilty . T .

Wharr Acquitted .

138. (M.) Henry Hughes was indicted for stealing a silver watch, value 10 s. and a snuff-box made of tortoise-shell and silver, value 3 s. the property of Joshua Arnold , Jan. 1 . ++

Sarah Arnold . I am wife to Joshua Arnold , we live upon Tower-hill , my husband is a watchmaker ; on the Tuesday before twelfth day I was fetching water and the door stood a jarre, the watch and box lay upon the shop-board; it wastaken away by somebody, I do not know who; I went to a pawnbroker, to desire if such a thing should be brought to stop it, and send to me; the prisoner after that was brought to my house; I saw the watch and box at Sir John Fielding 's, and know they are our property.

Nathaniel Gibbs . The prisoner and I have been together a great many times a thieving; we were coming by this gentlewoman's house about six or seven in the evening, the door was shut; the prisoner said break the window, and take some of the watches; I said no, I could not do that, so I went in and took this watch and snuff-box; Hughes gave it to a man to sell it; he went, and what he did with it I cannot tell; after that we were both taken up.

Thomas Martin . I was in an alehouse, the King of Prussia at Saltpetre-bank; the prisoner and evidence came in, they desired me to go and sell this watch for them for a guinea; I was advised not to sell it, but go and gave information against them; so I went to Mr. Brebrook and delivered the watch to him.

James Brebrook . Last Tuesday night about seven o'clock Martin came to me, and said two boys named Gibbs and Hughes, had given him this watch and snuff-box to sell, and that they were upon Saltpetre-bank; I got assistance, and went and took them there, and took them before Sir John Fielding , there they told the whole; Mr. Arnold came and swore to the watch and box, (produced and deposed to.)

Prisoner's defence.

I know nothing of the watch and box.

Guilty . T .

There was another indictment against him.

139, 140. (M.) Anne Evans and Sarah Holmes , widows , were indicted, the first for stealing three pewter plates, value 1 s. and two linen table cloths, value 1 s. the property of Jonas Clifton ; and the other for receiving the same, well knowing them to have been stolen , Dec. 30 . ++

Jonas Clifton . I keep a public-house in Webb's-square Shoreditch ; Anne Evans was my servant for three years, up to the time of being committed; the things mentioned in the indictment were missing, I charged her with them; she confessed she took them, and had given them to Holmes, and Holmes had pawned them; I examined Holmes about it, she said Evans had given them to her, and she had pawned them for her; Evans told me she had carried Holmes liquor to the amount of 4 s. 6 d. and she not being able to give her the money, she carried her these things to pawn to raise money; they were both together at the time; I believe Evans was in liquor when she carried them, she was very subject to drink.

Evans. I have nothing to say in my defence.

Holmes's defence.

I lived a tenant in the prosecutor's house, Evans owed me 4 s. 6 d. and she brought me these things, and said they were her own.

Evans Guilty 10 d. W .

Holmes Acquitted .

141. (M.) Cecilia wife of Edward Stack , was indicted for stealing two pair of linen sheets, value 27 s. one china tea-pot, value 5 s. two china bowls, value 3 s. two woollen blankets, value 16 s. and two linen pillow-cases, value 2 s. the property of Thomas Macquire , in a certain lodging room lett by contract , &c. Jan. 1 . ++

Elizabeth Macguire . I am wife to Thomas Macguire , we live in Marybone ; the prisoner took a lodging of me by herself; she took away two pair of sheets, and the other things; I missed them the same day she went away.

Q. When did you miss them?

E. Macguire. I missed them on Good-friday, Ash-wednesday - No, New-year's-day.

Q. Why do you mention all these, cannot you tell which day it was?

E. Macguire. This I say, because I never was here in my life before, nor no where else?

Q. How long did the prisoner stay in her lodgings?

E. Macguire. She staid with me two days and two nights.

Q. Can you tell when she came to the lodging?

E. Macguire. She came on the Wednesday before Good-friday?

Q. Do not you mean the Wednesday before New-year's-day?

E. Macguire, I forget myself; she took the key with her, we sent for a smith and broke the door open, then I missed the things mentioned in the indictment (mentioning them;) I found nothing again but what the next witness has, that is Mr. Clark; I have seen them, they are my property.

James Clark . I live in Leicester-street, I am a pawnbroker; the prisoner brought a counterpane and two pair of sheets, and pledged them with me for 19 s. 6 d. I seeing the advertisement, describing the woman and things, she came again with the tea pot, and I stopped her.

Prisoner's defence.

I had spent all my money along with Mrs. Macguire in liquor; I wanted to go to High Wycomb; I took the things to raise a little money upon them, and the frost and snow came on so terribly, I could not go; I intended to bring them all again.

Q. to E. Macguire. Did you and the prisoner drink together?

E. Macguire. No, I was in bed, and by that reason I could not.

Q. When was this?

E. Macguire. This was on New-year's-day, because there is no such day in the year; I saw two pots of beer carried up to her, but I had none of her money.

Guilty 10 d. W

142. (M.) Lucy Portland , otherwise Anne Bullock , and Anne Linsey , otherwise Anne Bennet , spinsters , were indicted for stealing a silver watch, value 6 l. a silver seal, value 10 s. a stone steal set in silver, value 5 s. the property of John Sayer , Jan. 8 . +

John Sayer . I was coming home to Bartholomew-close last Friday night through the Strand, between nine and ten, a little in liquor; the two prisoners were in the street, they begged hard of me to give them something to warm them, saying they were very cold and perishing; I went in at the White Bear ale-house ; I did not stay above ten minutes, no longer than some wine was made hot and they drank it; we were in a little private room, but the waiter was backwards and forwards; they were in a great hurry to go out of the house; I would have treated them with a glass of rum at the bar, but they did not care to stay; I came on towards Temple-bar; I went to look at my watch and found it was gone; I know I had it when in that house; I went home, and the next morning I went to the house; the waiter told me they lived some where in Westminster; the constable of St. Martin's took them both in bed together; when I saw them in the watch-house, they said they gave the watch to one Crow to pawn; I importuned them to let me know where it was, they would not; when we came before she Justice, they owned directly to the taking the watch; I found Crow out, she is a washerwoman, she told me where it was pawned, and I went and got it; (produced and deposed to.)

Esther Crow . Bullock lives next door to me, I never saw Anne Linsey but twice before; I pledged this watch to Mr. Steel at the desire of Bullock.

Henry Steel . This watch here produced was pawned to me by Esther Crow ; I lent her a guinea upon it.

The two prisoners in their defence said they did not take it.

Prosecutor. I was not concerned with them in any way whatsoever, only in giving them some wine.

Both Acquitted .

143, 144, 145. (M.) Thomas Anderson , Samuel Stephens , and Thomas Mitchiner , were indicted for breaking and entering the dwelling-house of Thomas Bradshaw , Esq ; on the 2d of December , about the hour of two in the night, and stealing two silver table-spoons, value 10 s. two silver teaspoons, value 2 s. a pair of silver tea-tongs, value 5 s. the property of the said Thomas; a mahogany tea chest, value 5 s. six silver tea-spoons, two cotton gowns, three linen shifts, and three linen handkerchiefs, the property of Elizabeth Robson , spinster , in the said dwelling-house . ++

Elizabeth Robson . I live servant with Mr. Bradshaw in Great George-street, Westminster : we first discovered our house being broke open on Thursday morning, the 2d of December; when I came down stairs, I missed the things mentioned in the indictment, (mentioning them) but I was not the first up.

Margaret Morris . I am servant to Mr. Bradshaw, I was up first that morning; I found the kitchen-door open that goes into the area, and up into the street.

E. Robson. I was the last that went to bed over night; I know the kitchen-door that opens into the area was fast, and the window.

Margaret Mitchel . I sell fish; Elizabeth Page that lived along with Stephens, came to borrow a basket either on Wednesday or Thursday morning; I asked her for it three or four days after, and she said Mitchiner left it; I asked Stephens to get it for me, but I never had it; I was confined in Tothill-fields Bridewell on Mitchiner's account.

John Noaks . I had a warrant from Sir John Fielding to watch several places in the Almonry, we took Mitchiner and this Mitchel about a fortnight after; we had information of Anderson and Stephens that they were in Petticoat-lane; I went with others and found them in the house of a Jew, who is here to give evidence against him.

Isaac Elias . I live in Three Tun-alley, Peticoat-lane; I am a gunsmith by trade, but I sell fruit; on the 3d of December Stephens came to my house with a basket in which were some plate, and a tea-chest to sell; I told him I had no money but a shilling or two; he brought a good deal of plate more than I bought; there were plates, cups, spoons, ladles, tea-tongs, and two gowns; I went out for a man to buy them, Stephens went out into the yard the while; I sold them for 37 l. and gave Stephens 30 l. of it, and kept the rest myself.

Q. Who did you sell them to?

Elias. I sold them to Lazarus Jacobs.

Solomon Lazarus . When Elias gave information, Sir John Fielding desired me to go to his house and look for the things; I went and found this teachest; I was desired to go to Mr. Bradshaw's house to see if any body owned it; Mrs. Robson said it was her property; then I went to Sir John Fielding , he sent for her and she swore to it; (produced and deposed to by Mrs. Robson.)

All three Acquited .

(L.) Thomas Anderson and Samuel Stephens were a second time indicted for stealing twelve pair of silver shoe-buckles, value 10 l. the property of Mary Pearson widow , and Mary Pearson spinster , Dec. 22 . ++

Mary Pearson sen. My daughter Mary is in partnership with me, I keep a toy-shop in Fleet-street ; on the 22d of December last, two young men came into my shop, one of them knocked me down, and the other ran away with my shew-glass; I believe there were thirty or forty pair of silver buckles, spoons, and other things in it.

Q. What do you charge against the prisoners?

M. Pearson. There is a man taken up since I saw the prisoners, he is in Newgate to be transported, he has owned that he and one that is gone to Ireland were the people that robbed me; and he mentioned where a pair of silver buckles were, and one of Sir John Fielding 's men brought them to me; when I saw that man I found him so much like Anderson, that I do not chuse to swear to the prisoners; when the men took my things they ran through Clifford's-inn, and I had I believe nine pair of silver buckels brought me which they dropt in their hurry, which were found on the ground.

Q. Was any thing of your's found upon either of the prisoners?

M. Pearson. No, there was not as I know of.

Q. How long was you robbed before they were taken up?

M. Pearson. They were taken up on the Thursday after, I was robbed on the Tuesday.

John Noaks . I took one pair of silver buckles out of the Jew's drawer, and two pair out of the two prisoners shoes; Mrs. Pearson has seen them, and says they are not her property, and a person at Croyden says they are his buckles.

Both Acquitted .

They were detained to be tried at the assizes in Surrey, for two burglaries committed in Croyden.

See Anderson tried before, No 260, in last Mayoralty; he stands indicted for a felony committed in Middlesex. See No 560, 561, 562, 563, in last Mayoralty.

146. (L.) Thomas Mitchiner , a second time, and Charles Davis , were indicted for breaking and entering the dwelling-house of Mary Wilkinson , widow , and Samuel Wilkinson , on the 27th of November , about the hour of three in the night, and stealing a mahogany tea-chest with tin canisters therein, value 3 s. a silver milk pot, value 8 s. a silver table-spoon, value 8 s. three silver tea-spoons, value 3 s. a damask table-cloth, two napkins, and eight pounds weight of loaf sugar, the property of the said Mary and Samuel, and a great coat, the property of the said Samuel, in their dwelling-house . ++

Samuel Wilkinson . I live in Lawrence-lane, Cheapside ; I am a box-maker , in partnership with my mother, Mary Wilkinson ; our house was made fast on the 26th of November at night, and on Thursday the 27th about half an hour after three in the morning, the watchman alarmed us, and told us our door was open; I desired him to go for the constable and come in, and come up to my door; when they came we went all over the house; we found the dining-room window-shutter, which had been barred over night was thrown open, and the bar taken down; I missed out of that room a tea-kettle, a large table-spoon, and napkin; the constable informed me he had seen several persons about in the morning, and had taken a man into custody on suspicion, and carried him to the Compter, and he was to be examined before my Lord-Mayor at eleven o'clock; he desired me to attend; he made no confession; my Lord advised me to advertise my things, I did; on the Thursday morning the man was discharged, his name is Trusler; on the 14th of December I received word from Justice Fielding, that the persons that got into our house were in custody, and desired me to attend him at eleven o'clock; there I found Trusler and Margaret Mitchel , they are both here to give evidence; I never found any of our goods; I went to see Davis in prison, he is our apprentice, he confessed the whole to me.

Q. How long has he to serve?

Wilkinson. He would have been out of his time next April, he has been gone from us from the 31st of July; I asked him in what manner he got in; he said he took a shutter down in the front of our shop and got in at the window, and after that put the shutter in again; our shutters are rather too short for the groove.

Q. Did you make him any promise?

Wilkinson. No, I did not; he heard Trusler tell the whole before the Justice, and therefore he did not scrup le acknowledging it to me; the woman Mitchel acknowledged selling the tea kettle for 18 d.

Q. What did Mitchiner say?

Wilkinson. I do not remember he said any thing.

Q. Did you examine your shutters to see if they could be taken down?

Wilkinson. No, I did not; we apprehended they had concealed themselves over night in our cellar, as Davis knew every part of the house, he might have done it without the knowledge of any of our family.

John Trusler . I have known Mitchiner about three months, and Davis about two; we went to Mr. Wilkinson's one night with intent to get a stock and bit, that is a carpenter's tool, and we found we could take the window shutter down, so we went from the window till such time that we could take it down; when we came there again, I went and talked to the watchman while Davis took it down, then Mitchiner and he went in; when I came there the door was shut; then I stood at a corner, the constable came and took me to the watch-house, so I know no farther than what the prisoners told me of what they took from the house.

Q. How many were there of you?

Trusler. There were only the two prisoners and I; I saw Davis go in after he had opened the shutter.

Q. How near was the watchman to the prosecutor's house?

Trusler. He was not above half a dozen doors off; I was talking with him all the while.

Margaret Mitchel . I sell fish; I did live with Mitchiner about six years ago, but lately with Davis; one Friday morning, it might be in November, they came home in the New-way Westminster to me; Davis pulled out a tea-spoon to stir his tea, after that he pulled out the other two; then he took out a large table-spoon; then Mitchiner said to him, you may as well show her the other thing, that was a cream-pot; one of them brought a tea-chest and set it on the drawers, there was some tea in it; one of them said it must be sold; there was a tea-kettle that I sold for 18 d. a table-cloth, two napkins, and a piece of sugar, all these they brought between them; I was in bed when they brought them in; they said they had been at a house and got them, but did not tell me where.

Q. How long have you known Trusler?

M. Mitchel. I have known him a great while, he was a companion of the prisoners; they all three went out of my room together that time.

Q. What time did they go from your room?

M. Mitchel. I parted with them when I went out with my oysters that night; Trusler not coming home with them, they told me they supposed he was taken up; I went the next day to the Compter, and found him there, and carried him some money.

Q. What became of the things?

M. Mitchel. A Jew came by; he was called in, and the spoons were sold to him for 12 s. the tea-chest for 2 s. the cream-pot for 7 s. 6 d. I sold the tea-kettle for 8 d. I was ordered to get what I could for them; the sugar and table-cloths were sold to another person, I do not know who, nor what the things were sold for; I think I sold the table-cloths and two-napkins for 2 s. there was a cloth coat that was pawned for half a guinea, and taken out again; I never saw it at all but upon Davis's back; it was a blue one.

Q. What did you carry to Trusler?

M. Mitchel. I carried him two shillings; the two prisoners sent me with it to him at the Poultry Compter.

Q Was you taken up?

M. Mitchel. I was, that was above a week after the robbery.

John Noaks . About the 5th or 6th of December I had a warrant from Sir John Fielding to search in the Almonry, there we found Mitchiner; then we went to Mitchel's room, and found Trusler and Davis with her there; we took them before Sir John Fielding in the morning, and they were committed the Bridewell; Tresler desired he might be admitted an evidence, saying they had given him but 2 s. out of these goods; then Mitchel, otherwise Nash, desired to be admitted an evidence; she said she would discover the Jew she had sold the things to; I was desired to go and wait with her in the Almonry for the Jew; we went and waited thereabout four hours, he did not come; she told me she had sold the spoons for 12 s. and the tea-kettle for 18 d.

Joseph Stevenson . I was along with Mr. Noaks at the taking the prisoners and evidences; I can say no more than what he has said.

John Johnson . I am a constable of Cheap-ward. On the 26th of November at night, was my night to sit up; a little before twelve I saw a man sitting at the corner of Lawrence-lane; then I saw two men and a woman near Mr. Wilkinson's door; I said to the woman, what do you do here; she said it is a thoroughfare, I am going home; I said take care I see you no more, and let her go; a little after twelve I went again with my staff, there were people there but they all dispersed; a little after one I went again, then I saw Trusler leaning against a post, at the corner of the alley, upon that side near Bow-Church; I did not chuse to speak to him, but went through the alley; then I got a watchman, and we went to him and asked what he did there; he said he was locked out of his lodging; I asked him where he lived; he said he lived with Mr King, a poulterer in Corn-hill; I took him to the watch-house, and said he must give a better account of himself; I knowing no poulterer there, I asked him what his master's name was; he could give me no account, but said he would show me where he lived; I would not go, but asked him what was the number; he said it was No 119, the numbers do not amount to so many; I put him in the Compter, and the next day took him before my Lord-Mayor, then he said his friends lived at Westminster; he told me where his father and sister lived; I went there, his father was not at home, his sister said he was a very great rogue, and told me his haunts, and that there was a waterman was one of his companions *.

* Mitchiner is a waterman.

Mitchiner's defence.

I know nothing about it.

Davis's defence.

I have a witness in court to my character; pray Mr. Wilkinson did I ever wrong you?

Wilkinson. I never suspected him before he left me; he has been linked in with lewd women, I believe that has brought him into the situation he is now in.

To Davis's character.

John Adams . I have known Davis some time; I live at the Indian King, Monmouth-street, I am a salesman; I never heard any thing amiss of him.

Q. Did you know he had left his place?

Adams. No, I did not know that.

John Rice . I have known Davis a year and a half, I never knew any thing bad of him.

John Leicester . I have known him from a lad, I look upon him to be about twenty-three years of age; I never knew no harm of him in my life.

William Brown . I live at Hammersmith; I have known him eight or nine years; I never heard any thing amiss of him in my life.

Q. Do you know what was become of him after he left his master in July last?

Brown. I know he was in the country, they could not agree. Both Guilty . Death .

147. (L.) John Brown was indicted for stealing a fish-skin case, value 6 d. three razors, value 18 d. a pair of scissars, value 6 d. a hone, value 3 d. an iron tobacco-box, and an iron key , the property of William Cook , Dec. 14 . +

William Cook . I am a Captain of a ship . On the 14th of December I catched the prisoner, who was an utter stranger to me, in my cabin, about half an hour after eleven at night, on the 14th of December.

Q. Where did your ship lie?

Cook. She lay at Dice key ; I was asleep, he awaked me; I catched him by the hind part of the neck, as he was examining my coat and waistcoat pockets; my tobacco box rattling awaked me; he had something in his hand which he attempted to throw overboard, but it hit against something and fell upon the quarter-deck; after I had secured him, I got a light and found it was my case of razors, which he had taken out of a beauset in the cabin; I found my tobacco-box, and a small key which I had in my pocket, on the cabin-floor.

Prisoner's defence.

I was going to get on board a sloop bound to Liverpool; I was a little in liquor, and gave a man two pence to show me her; I was going home in her; he told me this was she; I went down in order to go to sleep; I had been asleep a little while, and people awaked me.

Guilty . T

148. (L.) Francis Rogers was indicted for stealing a silk handkerchief, value 2 s. the property of Jenkin Jones , Dec. 22 . +

Jenkin Jones. On the 22d of December about noon I was transacting business on the Custom-house-key , I felt something at my pocket; I turned about and saw my handkerchief in the prisoner's hand, he was close by me; I said he had stole my handkerchief; he acknowledged he had; it was desired to give him the discipline of ducking, but being high water it could not be done with safety; I took him before my Lord-Mayor and he was committed; ( the handkerchief produced and deposed to.)

Prisoner's defence.

The handkerchief was hanging out of his pocket about three parts, and I took it out; he turned about, and said it was his handkerchief.

Guilty . T .

149. (L.) Samuel Randall was indicted for stealing fifty yards of linen cloth for handkerchiefs, value 5 l. five yards of cotton cloth for handkerchiefs, value 5 s. the property of Martha Martin , widow , April 16 . +

Martha Martin . I live in Rose and Crown-court, Bishopsgate parish, and keep a haberdasher's shop ; I lost some linen handkerchiefs out of my shop window about ten months ago, there were five or six parcels of them, some linen, some cotton; I was sent for to Sir John Fielding 's last Wednesday, and was present when one Magennis was examined; he confessed the fact, that he had robbed me of the quantity of handkerchiefs pieces I had mentioned, to the value of four or five pounds.

Q. Did you ever get any of your goods again?

M Martin. No, I never did.

Henry Wickstead . I was at Sir John Fielding 's last Wednesday, there were the prisoner and Magennis; Magennis said it was contrived that he was to go into the prosecutrix's shop and leave the door open, and the prisoner to go in after him, and take the parcel away, which he said they did; Sir John asked him what he did with the handkerchiefs; he said they sold them to a Jew.

Q. Did the prisoner own to any thing?

Wickstead. No, not as I heard.

Magennis was not examined, as there was no evidence of credit to support, or corroborate his account.

Acquitted .

150. (L.) Robert Humphreys was indicted for stealing two quartern loves of wheaten bread, value 16 d. the property of Christopher Chapman , Dec. 12 . ++

William Lewis . I was with John Bowen , who is servant to Christopher Chapman , a baker ; I saw the prisoner take two quartern loaves out of his basket in Cheapside, just at the top of Pater-noster-row , about twelve o'clock, on the 12th of December; he ran down Pater-noster-row; I followed him, and by the time he got twenty yards from the basket, I got hold of him; he went to put the bread on the ground, and begged to be let go; I brought him up to the basket till Bowen came; I was with him on purpose to watch the basket, because he had lost his basket, and loaves and all, not long ago.

John Bowen . I am servant to Mr. Chapman; while I was gone to serve a customer I lost two loaves, which was done in about two minutes; they were my master's property.

Prisoner's defence.

That man offered to let me go if I would pay him for his basket and loaves which he lost the week before; I had not so much money about me; I am innocent of what is alledged against me.

For the prisoner.

Jane Humphreys . The prisoner is my brother; he is a journeyman baker , a single man; he has been ill, and was out of business; I have supported him in prison, or he must have perished; he has a dependence upon an uncle, and if he should hear of this, I fear it may be of bad consequence.

Guilty. 10 d. W .

151, 152. (L.) Alice, wife of William Henland , and Elizabeth, wife of Richard Kilberry , were indicted for stealing a gold ring with a white cornelian stone, value 20 s. the property of John Lewis , Jan. 9 . +

John Lewis . I live in St. Paul's Church-yard , I am a comb-maker ; the bell was rang for me about three in the afternoon, on the 9th of January, to come into the shop; when I came into the shop, I saw the two prisoners at the bar, at a drawer where was a case of rings; I knew that ring is for an item we have of suspicious persons; there lay eight or ten rings; one of them asked me what I would give for a ring; presently I saw the other with a motion with her hand, drawing the case of rings towards her; then my servant went to replace the rings, I asked him whether he missed one; he said he did; then I said, that woman, meaning Henland, has got it; I looked in her apron and there I saw it; (produced in court, a ring with a white cornelian stone, and deposed to.)

James Brundal . I am servant to Mr. Lewis, last Saturday morning the prisoner Kilberry came to me, and asked me if I would buy a pair of silver tea-tongs; I refused buying them; she came again in the afternoon, the other prisoner was with her, and asked me if I would buy a silver coral; I had had the rings out, she began to pull them about; I rang for my master, then I began to put the rings to rights; my master asked me if I missed any; I said I missed one, then he said that woman had got it, and pointed to Henland; he looked into her apron, and I saw him take this ring here produced out.

Henland's defence.

The ring lay by my apron, but I never saw it nor touched it.

Kilberry's defence.

I am not guilty.

To Kilberry's character.

Thomas Gobsel . I have known Kilberry about five years, I never knew but that she was an honest woman; she lives in Christopher's-court St. Martins-le-grand, her husband is a master taylor.

Joseph Browning . I live in the same court that Kilberry does, I am her opposite neighbour, I believe her to be an honest woman; since she has been under confinement, she has been quite delirious.

Jane Fisher . I have known her six or seven years, she is a very honest woman and bears a very good character.

Catherine Barebrook . I have known her four years, she is a very honest woman, I never heard to the contrary.

Henland Guilty . B .

Kilberry Acquitted .

153. (L.) Elizabeth Bond widow , was indicted for stealing three pewter pint mugs, value 3 s. the property of Thomas Jennings , Jan. 13 . ++

Thomas Jennings . I keep the Hog in Armour public house in Leadenhall-street ; the prisoner came to my house on the 13th of January in the morning, and called for a pennyworth of purl; I was a little busy at the time, she staid some time in the room, I served her with it; while I went down for more liquor, she was gone and left no money for the purl; I found her afterwards before Justice Girdler, she was there for stealing other pots; there I found three of mine; I have lost between three and four dozen of pots within this six weeks.

John Bridgen . I was at the Blue Posts near Porters-block; the woman was coming by us, she rushed against me, I thought I heard some pots knock together; we followed her about twenty yards, and heard them knock together several times; when we got into Cow-cross, my companion jostled against her, and they knocked together again; she turned again and struck him in the face, and asked him what he did that for; he said he thought she had some alehouse pots about her; I came up to her, and challenged her with it; she struck me, and said she had no such things about her; I felt, and said she had pots about her; she said she had not, and called me villain; in that time came several people by, some of them said she was the woman that was whiped in Hatton-garden for stealing pots, and said if we let her go we were to blame; she struck us several times; we found six pots about her, they were tied round her with a cord; there was one belonged to a man on Tower-hill; then she said it was the first time she was guilty, and if we would let her go, she would never do the like again.

Prosecutor. Three of them were my property.

Prisoner's defence.

These pots were lying in the street, I saw them as I was coming by, and put them in to my apron, by that reason I could not tell where to carry them; as to striking them, I never did no more than I do this moment.

Prosecutor. I missed my penny pot that I served her with purl in, but that was not amongst them.

Guilty 10 d.

(L.) She was a second time indicted for stealing one pewter quart pot, value 18 d. the property of Frances Hill , widow , Jan. 13 . ++

Frances Hill. I live in Leadenhall-street; I lost several pots, but cannot tell the time when; I only know this pewter quart pot is my property, here is my mark upon it.

John Bridgen . I found this pot with others upon the prisoner when we took her up.

Guilty 10 d. W .

154 (L.) John Childes was indicted for stealing four hundred oak laths, value 7 s. the property of a person or persons unknown, Nov. 18 . ++

John Bell . About the middle of November, I was at home in my counting-house in New-street-square, the prisoner came to me, and said he had some oak laths to sell; I knowing it was an uncommon thing in our trade for people to have such smull parcels of laths to dispose of, I imagined he must not come honestly by them; I desired to look at them, and asked where they were; he went away, and in about half an hour he returned, and brought two bundles; then I said I really believed he had stole them; he said they were sent him from a tenant out of the country, I could not give credit to it; then he said if I went to his lodgings, they would give me an account of his character; I went to the house where he said he lodged, the person of the house came to the door; I said do you know this man; yes, said he, he lodges with me; I said I believed he has stole some laths, upon which the prisoner began to move; I said you must not go away; then he went into the house and up stairs, and in about a minute the man of the house cried out there is something broke; we ran into the back yard, the prisoner was got out of the window, and got up upon the top of the house, I saw him running on the ridge; I got a constable and he was taken; I went with him to Justice Girdler, he was committed for farther examination; then there appeared an advertisement in the paper, that a person had stopt some laths in the same way.

Prisoner's defence.

I came honestly by the laths, I bought them and paid for them; I was affrighted, that made me run away.

Acquitted .

(L.) He was a second time indicted by the same name, for stealing four hundred oak laths, value 7 s. and a chimney-pot, value 14 s. the property of a person or persons unknown, Nov. 18 . ++

John Watmore . On the 17th of November the prisoner brought four hundred of laths, and offered me them, and a large chimney-pot, and some Dutch tiles; I asked who they belonged to; he told me they belonged to the widow Young, who lived at, or near the White Swan, Fetter-lane; I sent one of my men to enquire after this widow Young, there was no such person to be found. I advertised the things on the 24th of November, and I received a letter from Justice Girdler to attend him on the 30th; I went, and there I found the prisoner.

Prisoner's defence.

I have had them laths and things five months by me.

Acquitted .

John Vavars , otherwise Bevars , whose sentence was respited in December sessions

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

Received sentence of Death, 7.

William Caley , Timothy Crawley , Patrick Swinney, William Hamilton , otherwise Scolar, Thomas Mitchiner , Charles Davis , and Daniel Asgood ; the latter was executed on Monday the 18th of January.

Transportation for 7 years, 19.

Luke Ranger , Benny Daniel, Henry Levi , William Taylor, James Burn, John Brown, Francis Rogers , William Stamp , William Peterson , George Burford , John Casey , William Stevens , John Philips , Thomas Burbridge , Thomas King , John Harvey , Michael Harding , Henry Hughes , and John Vavars , otherwise Bevars , whose sentence was respited in December sessions .

Branded, 2.

Alice Henland and Joseph Ward , the latter to be imprisoned in Newgate for three months.

Whipped, 10.

Mary Kenchelow , John Parker , Elizabeth Ireland , Hugh Kiderington, James Blakey, Anne Evans , Cecilia Stock , Robert Humphreys , William Steel , Elizabeth Bond ; Steel to be publicly whipped 100 yards on Rose wharf, and Bond the same in Leadenhall-street.

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( Dedicated, by Permission, to the Right Hon. JOHN EARL of BUCKINGHAMSHIRE, Baron of Blickling, one of the Lords of the Bedchamber to his Majesty, and one of his Majesty's most Hon. Privy Council)

BRACHYGRAPHY: OR SHORT WRITING made easy to the meanest CAPACITY.

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