Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 31 October 2014), April 1768 (17680413).

Old Bailey Proceedings, 13th April 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 Wednesday the 13th, Thursday the 14th, Friday the 15th, and Saturday the 16th of APRIL, 1768,

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

NUMBER IV. 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 SIDNEY STAFFORD SMYTHE, Knt. one of the Barons of his Majesty's Court of Exchequer *; the Hon. HENRY BATHURST , Esq; one of the Justices of his Majesty's Court of Common Please +; and JAMES EYRE , Esq; Recorder ||; and others of his Majesty's Justices of Oyer and Terminer of the said City and County.

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

LONDON JURY.

John Langdon ,

John Squire ,

Richard Willson ,

William Benson ,

Isaac Whitchurch ,

Thomas Price ,

William Acton ,

James Priest ,

William Norman ,

Thomas Snape ,

Gyles Turner ,

James Benwell .

MIDDLESEX JURY.

John Spencer ,

Benjamin Coats ,

John Edridge ,

John Wharton ,

John Jackson ,

George Aires ,

Thomas Vardy ,

William Young ,

William Dickins ,

John Fladgate ,

John Edmonson ,

James Box .

251. (M.) ELizabeth Gibson , spinster , was indicted for stealing seven guineas , the property of Anthony Alves , April 7 . ++.

Anthony Alves . I am a Portuguese, servant to Mr. Bristow; we lodge at the house of Mr. Hennington, a fishmonger at Charing-cross ; the prisoner was servant to Mr. Hennington; I missed seven guineas last Thursday out of my bureau; I suspected the prisoner, and took her up before Sir John Fielding ; going along, she confessed she took my money out of my bureau, and had spent it all; she confessed the same before Sir John.

William Hennington . I live at Charing-cross, Mr. Alves lodges in my house; he complained to me last Thursday that he missed some money out of his bureau; as we had no body in the house but my wife and daughter, besides the prisoner, we suspected her; I went to Sir John Fielding for his advice; he advised me to take her up with a constable; I took her up, and charged her with taking it; I said, Betty, you had better own it, we will make it as easy as we can with Mr. Bristow; she at first denied it very strongly; we went up and looked in her box, and found only about 6 d. in halfpence; then the constable said, take her before Sir John Fielding ; we called a coach; going along, she said if we would stop the coach, she would tell; we stopped, and went into a public-house; she confessed she had taken about six guineas out of a purse which was in the prosecutor's bureau, she likewise confessed the same before Sir John Fielding . We asked her what she had done with it; she said she had bought some cloth for shifts, and an apron or two; we saw the cloth, it was not to the value of the money; then she said she had disposed of five or six guineas to a young man that came from her mother, that was going abroad.

Prisoner's defence.

I never did such a thing before.

Guilty . T .

252, 253. (M.) Gibson Bignall was indicted for stealing one tenon saw, value 4 s. one pannel saw, value 3 s. one pilaster plane, value 6 d. and one ogee plane, value 6 d. the property of John Russel ; one tenon saw, value 5 s. one long plane, value 12 d. one trying plane, value 9 d. one smoothing plane, value 9 d. one pilaster plane, value 18 d. one rabbet plane, value 12 d. the property of William Turner ; and Sarah Williams for receiving the said goods, well knowing them to have been stolen , March 22 . +

Bignall pleaded guilty . T .

William Turner. On the 22d of March the tools mentioned in the indictment were lost from out of a building in St. George's, Bloomsbury (mentioning the tools his property;) we heard of them again on Easter Monday; Gibson Bignall was taken up, and he acknowledged he took them away, and Sarah Williams said she pawned some to Mr. Robinson.

Thomas Coulter . I am headborough. The prisoner Williams was brought to me on Saturday night, charged on suspicion of receiving some carpenter's tools that had been stolen from a building; she confessed where she had sold and pawned them; she said her husband (meaning Bignall) brought them to her.

Q. Is Bignall her husband?

Coulter. I find they are not married, she herself said they were not.

John Russel . I lost my tools, the same as mentioned in the indictment to my name, at the same time.

Q. What is Gibson Bignall?

Russel. He is a carpenter as they tell me; the woman at the bar went round with us to the places where she had pawned and sold them.

Q. Did she say she knew where Bignall had them?

Russel. She said she knew he had them from out of a building.

Q. Did Bignall work in that building?

Russel. No, he did not.

Q. to Coulter. Did, she say she knew the tools to be the property of the prosecutors?

Coulter. No, she did not; I had her above an hour in custody before I could make her confess; then the master carpenter told her he would not hurt her if she would confess; then she told him she had sold some, and pawned others; we went and found them accordingly.

Prisoner's defence.

I did not know but that they were the property of Bignall.

Williams Acquitted .

254. (M.) Mary, wife of John Stothers , was indicted for stealing three blankets, value 3 s. one cotton coverlid, value 2 s. two pair of brass candlesticks, value 5 s. one copper tea-kettle, value 2 s. one baize cardinal, value 12 d. one brass flour-dredger, value 2 d. and two copper saucepans, value 12 d. the property of John Dornford , March 9 . +

Anne Dornford . I am wife to John Dornford . On the 9th of March our house was broke open in the night, which was made fast about half an hour after nine over night; we found in the morning a pane of glass taken out of the window, and the iron bar of the casement was shaken out, by which means they could put their hand in at the window, and lift up the bar, and come in; I missed the things mentioned in the indictment; as I was going down Ratcliff-highway two days after, I saw my two saucepans at Richard Best 's door; I asked if he had any brass candlesticks; he said, no; I said these are my two saucepans, and I would swear to them; he said his wife bought them of a woman yesterday; I desired them, if the person came again, to stop her; a little while after the prisoner came there, and they stopped her; I never saw her in my days till before the Justice, which was on the 23d; there she owned to having all my things; she said her husband brought them home to her, and she sold some, and pawned others; we have made strict search after him, but cannot find him.

Mrs. Best. These two saucepans (produced and deposed to) I bought of the prisoner at the bar on the 10th of March.

Q. Did you know her before?

Best. No, I did not; she said they were her own, and she sold them, being in distress, having no bread for her children, and that her husband was at sea; I asked her where she lived; she said, at the top of Old Gravel-lane.

Q. Did you find she did live there?

Best. No, she did not, she did not live a great way from it; after that she came to my house with a brass cock and a tea-kettle, and we stopped her; she owned she sold these saucepans to me; I sent for the prosecutrix, and we went before the Justice together.

William Bosley . I heard the prisoner say, her husband brought all the goods mentioned in the indictment home; she told us where they were sold and pawned; she said, where he had them she could not tell; there is such a man, we believe, he is not far off, but we cannot meet with him as yet.

Prisoner's defence.

I was obliged to do what my husband bid me; he did not tell me where he got them.

Acquitted .

255. (M.) James Udith was indicted for stealing a cloth clock, value 8 s. the property of William Johnson , March 12 . +

William Johnson . About five weeks ago I lost a cloth coat which I had to dye; I was in company with the prisoner at a house in Long lane ; it was taken from off a line in the yard; there were several people saw the prisoner go into the yard; I took him up, and before Justice Girdler he owned he took it, and had sold it in Rag fair for 3 s. 6 d.

William Eaton . I saw the prisoner take the cloak from off a line, and sold it up, and put it under his left arm, and go off with it.

Q. Why did you not stop him?

Eaton. The prisoner is a dyer as well as the prosecutor, and we did not know but that it belonged to him.

Prisoner's defence.

I did not take it from the line.

Guilty . T .

256. (M.) William Fisher was indicted for stealing one saw, value 2 s. one plough, value 6 d. and one plane, value 3 d. the property of Thomas Savage ; one gouge, value 3 d. three chisels, value 1 s. one square, value 1 d. and one plane, value 1 s. the property of William Smith ; and one plane, value 6 d. the property of John Wilson , Feb. 26 . +

Thomas Savage . I am a carpenter ; we were at work at St. Giles's on the 26th of February, and all the things mentioned in the indictment were taken away; after they were found again, I heard the prisoner confess he had taken them.

Henry Murrey . I took the prisoner with a saw in his hand, in Great Wild-street; he went and shewed us where the rest of the things were, at the Wheat-sheaf alehouse in Drury-lane; (produced and deposed to by the respective owners.)

Prisoner's defence.

I had been out of business thirteen weeks, and was in distress; to be sure I took the things.

Guilty . T .

257. (M.) Elizabeth Brown , spinster , was indicted for stealing a stuff petticoat, value 20 s. the property of Charles Hanson , March 29 . +

Charles Hanson . I am a stay-maker , the prisoner was at work for me; we missed my wife's petticoat out of a box; on the 29th of March the prisoner absconded, we did not find her till last Friday; she confessed she had taken it, and sold it to Elizabeth Hopcraft , where we found it, (produced in court.)

Elizabeth Hopcraft . I keep a clothes-shop; the prisoner brought the petticoat to me on the 4th of April; I bought it of her for 12 s.

Elizabeth Hanson . I am wife to the prosecutor; this is my petticoat; the prisoner absconded at the time it was lost; I heard her own she took it.

Prisoner's defence.

I was ill was the reason I staid away; I was obliged to make away with some of my own things.

Guilty . T .

258. (M.) William Costelly was indicted for stealing an iron twibill with a wooden handle, value 4 s. the property of John Brook , Mar. 14 . *

John Brook . I live in Bloomsbury, and am a paviour ; I have lost a great number of tools, spades, and other things; this twibill is an instrument with which we get up the pavement; I was not by when it was taken.

William Brook . I am son to the prosecutor; the prisoner took a twibill from the work in the street, and was walking off with it; I went and asked him what he was going to do with it; he said it was his own, he was very much in liquor.

Q. Did he work for you?

W. Brook. No, I never saw him before to my knowledge.

Richard Lane . I am apprentice to Mr. Brook: the prisoner came and took up the twibill, and carried it from the work to the end of the King's-road near Gray's Inn-lane, he was much in liquor; (produced and deposed to.)

Prisoner's defence.

I was very much in liquor, I had one of my own, and I took this to be my own.

For the prisoner.

Paul Canler . I keep a clothes-shop in St. Giles's; I have known the prisoner about five years, he worked for paviours and bricklayers as a labouring man; he borrowed money of me to buy such a tool as this; he lodged with me two years, I never knew an honester man; I had been robbed once, and I let him lie in my shop for a safeguard; I know he was very much in liquor the day he was taken into custody.

Q. Had he bought such a tool as this?

Canler. He had bought one about a fortnight before he was taken up.

Owen Macdaniel . I have known him seven years, he lodged with me upwards of three years; I never heard but that he was an honest man before this.

Acquitted .

259. (M.) Thomas Berry was indicted for stealing 24 pair of thread stockings, value 3 l. two pair of cotton stockings, value 6 s. two pair of silk stockings, value 20 s. three pair of silk gloves, value 15 s. two dozen pair of leather gloves, value 30 s. and one piece of silver lace, value 2 s. the property of Peter Le Quenter , April 1 . *

Peter Le Quenter . I am a hatter and hosier , and live at the corner of Duke-street, Piccadilly . On the first of April I lost about 27 pair of stockings; there were two dozen of thread, two pair of cotton, and two of silk, some leather gloves, and a remnant of silver lace.

Q. Why do you charge the prisoner?

Le Quenter. He was apprentice to me almost three years; I did not know I had been robbed, till a silversmith's servant told me the prisoner had carried some silver lace there; then I searched his box, and found the things mentioned in the indictment in his box, and I found the bit of silver lace in the bottom of the lining of his coat; he himself opened his box, and owned they were my property.

Q. How old is the prisoner?

Le Quenter. He is about nineteen years of age, he has behaved honestly and well; I was greatly surprized when I found this out.

- Newman. I am an apprentice to the prosecutor; when the silversmith's man came to acquaint my master of the prisoner's carrying some silver lace there, we thought proper to search his box; there we found the things mentioned, (produced in court.)

Prosecutor. I know these to be my property.

Prisoner. I leave it to the mercy of the court.

Guilty . T .

260. (M.) Francis Lotan was indicted for stealing two louis d'ors, value 40 s. the property of Isaac Panchau , March 29 . *

Isaac Panchau . On the 29th of March, which was on the Tuesday, I left a bag on the table below stairs, in which were five louis d'ors; another servant of mine carried it up into my room, and put it into my breeches pocket; after which, when I came to take my money out on the Thursday I found but three.

Q. What is the prisoner?

Panchau. He was my servant at the time.

Q. What country man is he?

Panchau. I believe he is a Dutchman ; at first, upon the constable coming to take him for stealing the two louis d'ors, he denied it, but afterwards he co nfessed he had taken them.

Q. How long had he been your servant?

Panchau. At different times he has served me six or eight months; he does not live with me, I am often backwards and forwards abroad.

William Turner . I keep the Bear and Rummer in Mortimer-street, a public-house; the prisoner offered my wife a louis d'or to change; I did not see him deliver it to her, but I saw her give it him back again; she gave it to me to know if it was a good one; I said it was French money, and did not chuse to change it.

John Collet . I am servant to Mr. Panchau; I know he had five louis d'ors in his bag; I carried the bag up stairs, and put it in my master's pocket, and on the Thursday following there were but three; we had a suspicion of the prisoner, on the account of his going to change one at a public-house, as the publican told me; after he was taken up, I heard him say he took my master's money, and that he was in liquor when he did it; and he added, he was a lost man, for he had robbed him. On the Wednesday night before, I lent him 2 s. he saying he had no money; and on the Thursday morning a hatter brought a hat home for me, and the prisoner lent me 3 s.

Prisoner's defence.

That 3 s. that I lent him, I received that very day of a Frenchman that my wife washed for; as for the louis d'or, I do not deny that I offered Mr. Turner's wife that for her to change; I had served a gentleman that belongs to Prince Charles of Lorrain; he came over here to buy horses, he gave it me.

Guilty . T .

261. (M.) Jeremiah Pump was indicted for stealing a money-till made of deal, value 3 d. and 1 s. 6 d. in money numbered , the property of Mark Shotton , March 25 . *

Sarah Shotton . I am wife to Mark Shotton , we keep a cheesemonger's shop in the Butcher-row in East-smithfield . On the 5th of March I was in a little back room, I heard the money rattle; I looked into the shop, and saw the prisoner with my till in his hand; I ran after him, and called, stop thief; I got up at him, but missed my hold, and fell down; he was pursued and taken by a watchman, who was standing at his own door as he was running by.

Q. What time of the day was this?

S. Shotton. This was between nine and ten in the morning; when I fell down, the prisoner flung the till down in the street, this was about three doors from my house; I cannot say what money was in the till, but I know there was more than 18 d.

Q. Did you know the prisoner before?

S. Shotton. I never saw him before to my knowledge.

Matthew Thornton . I keep a pork-shop next door to the prosecutor. I was coming down the street, I saw the prisoner and another man coming together; they first stopped at a baker's door, then at my door, then they went to the prosecutor's; I saw Pump the prisoner go into his shop, the other stood without, I soon saw them both running away; I saw Pump throw the till down, what was in it I do not know, I pursued him; I ran through my own house, expecting he would have gone down an alley, but he did not; he was soon taken.

Prisoner's defence.

I was going along, and these people came and laid hold of me, and said I had stole a till; I am as innocent as the child unborn; I work at a lead-mill for my sister.

Guilty . T .

262. (M.) Green Jemmit was indicted for stealing a duffil coat, value 6 s. the property of Samuel Hulbart , March 21 . *

Samuel Hulbart . I am a matross , and live at Woolwich; I lost a blue surtout coat the 21st of March, from the Brown Bear in Devonshire-street, Queen's-square , and found it hanging up at the door of Mary Ross .

Mary Ross . I keep a sale-shop in Monmouth-street. On the 21st of March, between six and seven at night, the prisoner came into my shop, and asked me if I would buy a coat; I bought it of him for 6 s. (produced and deposed to by prosecutor.)

John Barclow . I was with the prisoner at the Brown Bear ; the prisoner took this coat and put it on, and went into Monmouth-street, and sold it to this woman for 5 s. I was not with him when he sold it; the man that went in with him his name is William Turner , he is not taken; he was in company with us that night.

Q. What does the prisoner do for his living?

Barclow. That I cannot tell.

Q. How long have you known him?

Barclow. I have known him about twelve months, he was servant to the man that keeps the tap in the New Goal, Southwark.

Prisoner's defence.

I bought this coat of a man in Bloomsbury-square for 4 s. and sold it to this woman for 5 s. Turner was with me, but he is not to be found.

Guilty . T .

263. (M.) Sarah Greggs , spinster , was indicted for stealing a linen sheet, value 3 s. a copper tea-kettle, value 1 s. and a pair of pattens, value 1 s. the property of John Jenkins , March 5 . +

Elizabeth Jenkins . I am wife to John Jenkins . I was brought to-bed on the 20th of January, the prisoner washed for me on the 22d; she lodged in a house of mine, but not the house we live in; she quitted her lodging, and ran away; I could not tell what things were missing till I got abroad; then I missed a pair of sheets from her bed where she lodged, and another sheet from my house where I live, and the other things mentioned; I heard where she was gone to, I went and took her up; she confessed she had taken them all, and said she had sold the tea-kettle to Thomasin Dodd, who is now in court, but she has since sold it.

Mrs. Ford. I am a pawnbroker; the prisoner pledged a sheet with me, and another with my partner; (produced and deposed to by prosecutrix;) she pledged them in the name of Devonshire.

Prosecutrix. That is the prisoner's right name.

William Warren . The prisoner pledged this pair of pattens to me on the 19th of January; (produced in court.)

Prosecutrix. These are my pattens; I had them on my feet on the 19th of January.

Warren. The prisoner pledged this sheet (producing one) with me the 13th of February; (deposed to by prosecutrix.)

Prisoner's defence.

I asked her to lend me a trifle of money; she said it was not in her power; I said, then I must pawn something; she said if I pawned a pair of sheets, and fetched them out again, she did not mind that, then they were not wearing out; I took these pattens by mistake; the nurse desired me, as I was going out, to take her pattens, and I took these instead of her pattens.

Guilty . T .

There was another indictment against her for robbing her lodgings.

264. (M) Anne, wife of John Pearce , was indicted for stealing a silver watch, value 30 s. the property of William Eastland , March 12 . +

William Eastland . On the 12th of March the prisoner had some linen to wash for me, she did not bring them according to time; I desired her to go about her business, but she said before I go I will make your bed; my watch was hanging by my bed-side; soon after she was gone I missed it; after that, on Monday the 14th, I was informed it was pawned at the bottom of Benjamin-street; there I went and found it.

Q. What is the prisoner?

Eastland. She had been servant to me formerly; I got a warrant from Justice Fielding; on Monday night she came into a public-house where I was, and abused me, and used me very ill, and all my neighbours said I ought to prosecute her, so I took her up.

Q. from prisoner. Whether you did not give me leave to pawn your watch as usual?

Eastland. I believe she did once pawn my watch before; she was always wanting money, and I made her believe I had none, and then she did pawn it.

Q. How long is that ago?

Eastland. That is six or seven months ago.

Q. Upon your oath, did you, or did you not, give her leave to pawn it on the 12th of March?

Eastland. Upon my oath I did not, neither did I think she would have been so base as to have taken it.

Richard Newton . I am apprentice to a pawnbroker; the last time the prisoner pledged this watch to me was the 12th of March.

Q. How often had she pledged it before?

Newton. She pledged it the 1st of Dec. 1766, and had it out again on the 5th; she brought it the 29th of December, and it was taken out the 30th of January, 1767.

Q. Did she tell you whose watch it was?

Newton. She said it was Mr. Eastland's.

Q. What did you lend her upon it the last time?

Newton. I lent her 25 s. upon it; it was enquired after on the Tuesday.

Prosecutor. I do not remember I gave her leave to pawn it above once before.

Prisoner's defence.

When I went up stairs to make his bed, he said to me, Nancy, my dear, take and put your child on a clean shift, it is one of the children I had by him; I said I will do it directly; said he, be as quick as you can, for I am obliged to go out; then he said, my dear, will you make my bed; after I had done it, I said now, Billy, consider my husband is very poor, and out of business through you, I want some money to fetch some things out of pawn; he said, my dear, cash runs very short, I cannot; I said, my dear, you must do as before, lend me the watch; he said, my dear, then take it; I did, and went and pawned it, and took my apron and cardinal out of pawn; then I went to him; he desired me not to tell my husband, he said he would give me a guinea; he has arrested my husband out of spite, because I will not leave my husband to go to live with him again; I have had as good as three children by my prosecutor.

Acquitted .

265. (M.) Thomas Brooks was indicted for stealing an hundred pounds weight of lead, value 15 s. the property of Mary Church Callen , the same being fixed to a certain brick building, did rip, steal, take, and carry it away , March 3 . +

Mary Church Callen. The building from whence the lead was taken belongs to me; I had frequently lost lead, so I set Hildey to watch.

Charles Hildey . I was set to watch this building of Mr. Callen's; I saw two men in company, one of them went up and threw the lead down, then he came down; they parted it, and took up each some, and were going away with it; I went after them, then they threw it down, and I took the prisoner, who was one of them, the other got away; this was on the third of March, about one in the morning; I took the prisoner to the watch-house; he was taken before the Justice, and sent to Clerkenwell Bridewell; there was upwards of an hundred weight of the lead.

Robert Beck . After Hildey had taken the prisoner, he called for assistance, he had the prisoner by the collar; we took him to the place where he had dropped the lead, which was about 20 yards from the building; he denied knowing any thing of it.

Prisoner's defence.

I am a tobacco-cutter; I was out of business, I took to do any jobs; we had been to the brickfields at Hoxton; coming by, I heard a sort of a bustle; said this man, if you stir, I'll shoot you dead; said I, what have I done; he said, I must go along with him; he took me by the collar, and struck me three or four times in the face; he took me to his master's, then to the watch-house; they said I had robbed him several times; I never meddled with the lead.

Guilty . T .

266. (M.) Joseph Wade was indicted for stealing one hundred pounds weight of lead, the property of Mary Church Callen , fixed to a certain building, did rip, steal, take, and carry away , March 21 . +

Mary Church Callen. I have some houses in Shoreditch , from whence I lost lead a great many times; I was called out of bed between two and three in the morning, on the 21st of March; I saw two men go into the buildings; I called Beck to come to my assistance, thinking that might fright them; we both went out and saw them in the gutter, taking lead off the window; there came two pieces of lead down; Beck got in at my window and called Charles Hildey , the prisoner was one of the two men; he drew both sash and frame in, and jump'd out at the window up one pair of stairs; he fell backwards; the window is as high as a two pair of stairs in the front; I ran round and laid hold of him, he was too strong for me, he got me under him; I had a sword in my hand, he got it out of my hand, and stabbed me with it in several parts of my body; Beck came to my assistance, and had it not been for Hildey's coming, we should both have been murdered; the prisoner called out for Tom, (meaning the other man) he did not come but ran away.

Q. Was it light or dark?

Callen. It was a little moon light.

Robert Beck . I live in the house of Mr. Callen; he seeing two men walking backwards and forwards by his house, called me, and desired me to go out with him; I did, we saw two men up in the gutter; they shifted from that into the next house; I saw them stand upon the joist of a two pair of stairs floor; I heard lead fall; we called to them, and said if they did not come down, they were dead men, but we had no gun, we had each a sword; I whispered to Mr. Callen to walk out of the building, then the prisoner who was one of them, began to move; he clapt his feet upon the sash, and pulled that and frame all in together, and fell under the frame; there was a board lying on the joists, that fell down into the kitchen; I thought the man was fell through, I jumped down, thinking of being upon the man; he recovered himself from the frame, and jumped down out at the window, Mr. Callen stood ready to receive him; I heard him upon the prisoner, I went out, then the prisoner was upon Mr. Callen, with Mr. Callen's sword in his hand; I laid hold of the prisoner, and in the bustle, he got the handle of my sword in his hand; he was very resolute, but I recovered both the swords at last; we had great difficulty to manage him; had not Mr. Hildey came, I believe we both should have been murdered.

Charles Hildey . I was called to assist Mr. Callen and Beck, I took my gun with me; they said they saw two men on the top of the house; when I got there, I listened, but could not see or hear any body; I soon heard something jump, after that I heard a great noise, and Charles my name, was called; I came down as fast as I could, and tumbled over a lump of lead at the corner; when I came to them, they were all in a heap together; I said, who are you, and what are you; I clapt hold of the first man, which happened to be the prisoner, and said, if you do not surrender, you are a dead man; he said, I do surrender, and what can you do now; I said, I will do no farther, you must wait to see what the law will do for you.

John Walters . I keep a public-house; I was called up that morning, about three o'clock; Mr. Callen said, for God's sake give me a little dram, for I am almost dead, he was all over blood; the prisoner was taken before Justice Girdler, there he denied the fact, and said he only went there to sleep; the Justice said how could that be, where were only joists and no boards to sleep on, and said, he had better confess who he sold the lead to, and by that means perhaps he might save himself; then the prisoner said, it was one Nugent that called him up, about one in the morning, and they went out together with intent to steal lead, and got in this building, and Nugent threw the lead down, and he staid below to watch it; and that the man that received the lead they stole, lived in Chick-lane, named Martin Bridgman , that sells old shoes; I took a warrant out for Nugent and Bridgman; I took Bridgman, he was sent to New Prison, then before Sir John Fielding the prisoner said he never saw Bridgman in his life, yet he had described him entirely, and the place where he lived, and Bridgman confessed he had bought lead of the prisoner several times.

Prisoner's defence.

I never sold Martin Bridgman any lead in my life; I had a son lived at Barnet, he was killed between two waggons at Redburn, I had intelligence of it; next Sunday will be three weeks, I went to enquire how he was buried, and coming home in liquor, tired and fatigued, about nine or ten at night, I went into this house, and laid me down on the ground floor in the chimney corner; I heard two or three men alarming about, one said if I catch them I will kill them; I got up and put my foot in the window, and got hold of a joist, and got up into one pair of stairs, and from thence into another story higher; then there came a man or two and threw stones at me, and said if I would not come down, they would shoot me; in coming down I trod upon a window frame that canted me on the floor, and threw me out; they fell upon me with swords when I was upon the ground, and beat me in such a manner, I have never been well since, they took my handkerchief from me.

Guilty . T .

267. (M.) Lewis Gwillim , clerk , was indicted for stealing a pint silver silver mug, value 36 s. the property of John Jones , Feb. 25 . +

John Jones . I keep the Salutation in Tavistock-street ; on the 25th of February the prisoner was in my house, between ten and eleven in the evening, with the pint mug before him; there was a man with him some time, but not long.

Q. Was the mug in the room after the other man was gone?

Jones. I cannot be sure of that.

Joseph Roe . I was drinking in the same room that the prisoner was in, at the prosecutor's house; I saw him throw the remaining liquor out of the silver mug, and put the mug into his left hand coat pocket; this was in the parlour, no body could go out but by the bar; I went out and told Mr. Jones of it, he was very scrupulous of apprehending him; he went out after him, but the prisoner was too many for him, and got away, but was taken the next morning.

William Haliburton . I am one of the constables of St. Paul's Covent-garden, this was my watch night; as I was going to the watch-house; I met Mr. Jones, he told me what had happened, and described the prisoner; I looked in to see what persons were in the night-houses, the prisoner came in while I was in one; I went and called Mr. Jones to the place, Mr. Jones said that was the man; I laid hold of the prisoner, and clapt my hand to his left hand coat pocket, and there I found this silver pint mug, (produced in court.)

Prosecutor. This is my property, which was taken away that night.

The prisoner said nothing in his defence.

Guilty . T .

There was another indictment against him for stealing three silver spoons.

268, 269. (M.) Mary Tipple and Elizabeth Slavin , spinsters , were indicted for stealing a silk cardinal, value 3 s. a pair of stays, value 4 s. two aprons, five caps, and two linen handkerchiefs , the property of John Sparkes , March 5 . ++

John Sparkes . I am a green grocer ; my wife heard a noise above, I was going up stairs; this was on the 5th of March, about three in the afternoon; I found somebody coming down, and they turned and went up again; I followed them into my room, and found them to be the two prisoners at the bar; coming down to see for a constable, I found the cardinal and two white aprons upon the stairs, about five stairs from the bottom.

Catharine Sparkes . I am wife to the prosecutor, I was going up stairs, and met the two prisoners upon the stairs.

Q. Did you know them before?

C. Sparkes. I never saw them before to my knowledge; I asked them where they had been; they said up two pair of stairs, to a washerwoman; I said, I suppose you have been and robbed me; then they said they had been up three pair of stairs; I called Edward Hargrave out at the window, he came, and he pushed them up before me into a room; my husband came up, I desired him to go down for a constable; then I put my hand into Slavin's bosom, seeing she had something there, and took out t wo double handkerchiefs, 5 caps and a topknot; when before the Justice, Tipple owned she had dropt the stays on the stairs.

Edward Hargrave . I came up at Mrs. Sparkes's calling, I found her standing by the two prisoners; she charged them with having robbed her; I saw something drop from Tipple, but the stairs were dark, I could not tell what it was; I desired them to go up stairs, that we might see what they had about them; when we came into the room, they said they had nothing about them; I saw 5 caps, two double handkerchiefs, and a topknot, taken from Slavin, and the other things dropt upon the stairs, (produced in court.)

C. Sparkes. These are all my property, they were taken from out of a child's bed-basket, which stood upon a box in the two pair of stairs fore-room, that door was not locked.

Tipple's defence.

I was upon the stairs, I never saw the things; I am 13 years of age.

Slavin's defence.

We went up stairs to look for a washer-woman; I called upon the stairs, no body answered; when I came down, the woman asked me where I had been; I said to speak to a washer-woman; she took me up stairs, and had me searched, and found nothing upon me; I am going into 15 years of age.

Both Guilty . T .

270. (L.) William Booth was indicted for stealing a linen handkerchief, value 12 d. the property of James Beezer , April 9 . ++

James Beezer . Last Saturday about three in the afternoon, I was upon Ludgate-hill , going home to Cannon-street; Mr. Pain touched me on my arm, and said, Sir, I believe you have lost your handkerchief; I felt, and said I have; he had hold of another boy; he gave me charge of him, and said, I'll go fetch another; he fetched the prisoner; my handkerchief was found in his bosom, then we let the other go.

William Pain . I was going up Ludgate-hill at that time, there was a fellow singing of ballads; I saw the prisoner and another, they were companions, going round the mob together; I kept as close to them as I could; the lid of the prosecutor's pocket was down, so that his handkerchief was visible; the prisoner eyed it, I got between him and his companion, and saw him take the handkerchief out of the prosecutor's pocket; I laid hold of the other and gave him charge of him, and went and took hold of the prisoner, as he was going round the mob; I brought him to the other, he had the handkerchief in his pocket, then the other was let go; we took the prisoner before my Lord-Mayor, and he was committed.

Prisoner's defence.

I am an apprentice to a shoemaker in Wapping, I had a holiday; I was coming up Ludgate-hill, I saw the handkerchief lying on the ground, I took it up.

For the prisoner.

Joseph Constable . I am a shoemaker, and live in Little Hermitage-yard, Wapping; the prisoner has been apprentice to me three years and a half, he always behaved himself well to me; I gave him a little liberty to go out a holiday making; he said out a little too long, and was afraid to come home I believe.

Q. When did he go out?

Constable. He went out on Easter Monday, and did not return again.

Q. Do you know of any companion he had?

Constable. There was one came to him to get him out, I gave him advice not to go with him; I would do all in my power to make a man of him, if I can have him in my care again.

John Booth . I am the prisoner's father, he has been a very dutiful child till this.

Q. How old is he?

Booth. He is pretty near 16 years of age.

Q. Do you know his acquaintance?

Booth. It is some baker's boy.

Guilty . W .

271, 272. (L.) John Haywood and John Elrey , were indicted for stealing a linen handkerchief, value 6 d. the property of William Spratley , March 19 . ++

William Spratley . On Saturday the 19th of March, at the time of the election, I was in Guildhall ; Mr. Pain tapped me on the shoulder, and asked me if I had lost my handkerchief; he shewed me one, I knew it to be mine; I desired him to let the boys go, he had hold of the prisoners.

William Pain . On the 19th of March, about four in the afternoon, as the people in Guildhall were moving away, the boys at the bar were moving about; I followed and kept very close to them; the prosecutor was taking down the number of the poll, his pocket was in a manner open, and the handkerchief visible to be seen; Elrey took it out, and handed it to Haywood; I tapped the prosecutor on the shoulder, and said you have lost your handkerchief, and collars both the prisoners; Haywood dropt the handkerchief, I believe I took it up; the prosecutor swore to it before the magistrate; I took the prisoners to the Compter.

Haywood's defence.

I went into see the gentlemen voting; I stood by the gentleman, he lost his handkerchief; that other man said, he saw me take it out of his pocket, I saw it lying on the ground.

To his character.

Henry Monk . I make muffins, Haywood used to carry them out on his own account, he always paid me very honestly; I have known him between six and seven years.

Thomas Smith . I live in Liquorpond-street; I have known him two years, I never knew or heard any harm of him.

Anne Haywood . I am his mother; he is an honest industrious child, he is as good as a husband to me; I have but another child, two as good children as ever were born.

Elrey's defence.

I was at Guildhall; that gentleman took me upon suspicion of picking the gentleman's pocket.

To his character.

Thomas Thompson . I am a chairmaker in Leicester-street; Elrey is my apprentice, and has been about two years and a half; he always behaved extremely well, he never lay out of my house all the time; I have trusted him with untold money.

Susanna Perry . I have known him from a child, I never knew him to do a bad thing.

Jane Smith . I have known him seven years, he was errand-boy at a silversmith's before he went apprentice, where my husband works; he has been trusted with 200 l. in goods at a time; he always behaved well.

Both guilty . T .

273. (L.) John Shooler was indicted for stealing a linen handkerchief, value 8 d. the property of Thomas Axford , April 3 . ++

Thomas Axford On Sunday the 3d of this instant, about eight o'clock in the evening, I was going by St. Dunstan's church ; I staid there about a minute, and came out again, and in going about three or four yards farther, I missed my handkerchief; I went back, and saw the prisoner standing against the door; as soon as the church was over, he endeavoured to open the other part of the door, and could not; he was going by me; I said, I believe you have got my handkerchief; he said he had not; I charged a constable with him, and going by Temple-bar, he owned he had taken it, and it was found upon him; he said he hoped I would forgive him, but before the Alderman he said he picked it up.

John Potter . I was at St. Dunstan's church, and saw the prosecutor come in; going out at the door, I heard him say he believed this young man, (meaning the prisoner) had got his handkerchief, and he would have him searched; I being a constable, took him in charge; he owned he had got the handkerchief, I did not hear him say he took it out of the prosecutor's pocket; he said he took it up from the ground, but I was behind, fearing he should drop the handkerchief; (the handkerchief produced in court.)

Prosecutor. I do not absolutely swear to it, I believe it to be mine, there is no mark upon it.

Prisoner's defence.

I picked up the handkerchief among the mob; the gentleman said he had lost one, I said I had found one; he said he believed it to be his own, and I gave it to him.

To his character.

Jacob Notzall . The prisoner was by trade a box-maker, but did not serve his time out; he worked journey-work at the trade in Leadenhall-street.

Q. What are you?

Notzall. I am a perfumer; he used to come to my house, he is a distant relation of mine, he behaved himself well.

Acquitted .

274. (L.) Thomas Kelly was indicted for stealing a linen handkerchief, value 6 d. the property of Francis Maack , April 1 . ++

Francis Maack . On the 1st of April, between twelve and one in the day, Mr. Barry came after me into Lloyd's Coffee-house, and asked me if I had not lost my handkerchief; I felt in my pocket, and found I had, then he gave it me; I knew it to be my property.

Charles Barry . I was standing in Mr. Deputy Wilson's shop in Lombard street , the prisoner and another boy came by together; one of the clerks said, there are these two dogs come by again; I went out, and stood at Mr. Belchier's door, to see what they would do; I saw them follow the prosecutor, and saw the prisoner take up the skirt of his frock, and take out his handkerchief, and put it under his arm; I ran and took hold of him, and took him into Lloyd's, and asked the gentleman if he had not lost his handkerchief; he felt, and said he had; a barber's boy came in after me, and brought the handkerchief; I suppose the prisoner dropped it going in.

James Serle . A man tossed the handkerchief to me, and bid me carry it in, which I did; (produced in court and deposed to;) the gentleman that tossed it to me picked it up.

Prisoner's defence.

I work for bricklayers, I was out of work; I had been over into the Borough to see my father; coming home, the gentleman came after me, and said I had picked a man's pocket, and laid hold of me; I said he was very welcome to search me, I had no handkerchief about me.

Guilty . T .

275, 276. (L.) Sarah Pummall and Elizabeth Vantandilo were indicted for stealing a cornelian seal set in silver, value 4 s. a quarter guinea, and 5 s. in money numbered , the property of Samuel Raymond , March 27 . ++

Samuel Raymond . I am a journeyman barber . On a Sunday evening, better than a fortnight ago, pretty near twelve at night, I was going home to my lodging in Flower and Dean-street, Spital-fields; I had a friend with me when we were in Cornhill; my friend went up St. Michael's-alley , I stopped for him; then these girls at the bar came to me, they were very fond; one of them kissed me, and put her hand into my breeches; I observed one of them snatch at the chain of my watch; I found the chain gone, with a cornelian seal to it; I clapped my hand to my pocket, and found Vantandilo's hand in it, with my money in her hand; I saw her give it to the other prisoner; I held them, they wanted to get from me; I called the watch, he came; the prisoners fought me all the time, there was no body else near me; we took them to the watch-house at the 'Change, they fought the watchman as well as me; as we went we were forced to call another watchman to assist.

Q. Were they searched?

Raymond. No, neither of them were, I never found my seal or money again; they took from me a quarter guinea and 5 s. in silver; the cornelian seal cost me 5 s.

Q. Was you sober?

Raymond. I was as sober as I am now.

Q. Why did not your friend assist you?

Raymond. He went up the alley, and out into Gracechurch-street, I saw no more of him.

Q. Had you been drinking?

Raymond. I had, but no ways disguised in liquor; I had been to see a friend in Upper Thames-street, at the house of Mr. Jenkins.

Q. How long might you continue there?

Raymond. I believe much about two hours; we had been up at St. Giles's in the afternoon.

William Geter . I am the constable, I was in the watch-house; the charge was given of the two prisoners by the prosecutor; he said he had lost 5 s. and after all, he said he had a lost 5 s. 3 d. there was nothing at all mentioned about the seal.

Q. Was he drunk or sober?

Geter. In short, he was rather in liquor.

Q. How came you not to have the prisoners searched?

Geter. I asked him if I should search them; he said no, it did not signify.

Raymond. The constable never talked of searching them.

Geter. When we were before the magistrate, he talked of losing his seal, but he said nothing of that before me.

Pummall's defence.

I had been at Vinegar-yard; coming home a little later than ordinary, that gentleman stopped me; he came running, and struck me with his cane, and used me very ill, and said I had robbed him of some money; he let me pass till I came to the end of Cornhill, then he laid hold of this lady, (meaning her fellow prisoner) she was coming past us; I never knew her before I was in trouble.

To her character.

John Kelly . I am a weaver in Rose and Crown-court, Whitechapel; Pummall is an engine winder, my wife employed her; when she was with me, no honester woman I could have; it is six months since she left me.

Q. Is she a married woman, or single?

Kelly. She is a married woman.

Anne Jeggot . I live in Gravel-lane, Houndsditch; she is a clean industrious woman; I lived two years and a half in the house she lived in.

Vantandilo's defence.

I had been a little way to see a person that has my child of three months old; as I came back, this woman (meaning Pummall) was stopped as I was going by, the gentleman had knocked her down; he said, you robbed me, to me, and gave it to this girl; I never saw him, as God is my judge.

Both Acquitted .

There was another indictment against them for assaulting the prosecutor.

277. (M.) Joseph Webb was indicted for burglariously breaking and entering the dwelling-house of Benjamin Reed , on the 18th of March, about the hour of nine in the forenoon, no person being therein, and stealing a pair of man's shoes, value 2 s. six ells of linen cloth, value 9 s. and a pair of stockings, value 2 s. the property of the said Benjamin . +

Benjamin Reed . I am a housekeeper at Wilsden ; last Friday was a month I went out about five or six in the morning, and left my wife in the house; she came to me in the afternoon, and told me my house had been broke open; I did not go home till night, then I found the brick-work was pulled down, and a hole broke through, where the person had crept in, and so broke into the house; this brick-work joined to the house; I found my chamber-door was burst open; I lost six ells of cloth, a pair of stockings, and a pair of shoes; the stockings were my son's; a man that was binding of hay told me he saw the prisoner coming that way, we had from that a suspicion of him; he heard he was suspected; he said he would go clear himself before his master where he worked, named Bodymead, but going along he confessed the fact; he owned he broke the house open, and took the shoes, stockings, and cloth, and carried them to the house of William Ealey ; I found the cloth and shoes there by his direction, (produced in court, the shoes deposed to by prosecutor.)

Susanna Reed . I am wife to the prosecutor. I went out that morning between seven and eight, and left no body in the house, the doors and windows were fast; I came back between twelve and one, then I found the house had been broke open at the brick-work, near the back door, and another place broke to come into the house; I went up stairs, and found my chamber-door open, which I had locked, and had the key in my pocket; I missed six ells of dowlas, my husband's shoes, and a pair of my son's stockings; a man that was binding hay not a great way off, told us he thought we should find it out, he thought he should know the man that he had seen come that way; I know this cloth to be my son's property, which I had in my care, (holding it in her hand) here is a mark on it, by which I am sure it is the same (showing a particular mark upon it;) my son brought it to me on Sunday, to make two shirts, and it was taken away on the Friday.

Benjamin Reed jun. I am son to the prosecutor; I carried six sets of cloth to my mother on the Sunday, and it was taken away on the Friday after; (he looks upon the mark;) I can swear this is the same cloth.

William Osbourn . I am constable; the prisoner was taken up in the parish of Harrow; we had him before Mr. Nicoll; he confessed he broke the house, and took the cloth, shoes, and stockings; this he owned, both going, and when there; and that he carried the cloth to William Ealey 's at Edgware.

Prisoner's defence.

I have never a friend in the world; I am a young lad, I never did such a thing before.

Guilty. Death . Recommended .

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

278. (M.) William Trippit was indicted for stealing four silver tea-spoons, value 6 s. and half a pound of green tea, value 4 s. the property of John Crothers , March 2 . *

John Crothers . I live at the Carlisle alehouse in Shoreditch . On the 2d of March I lost four silver tea-spoons and half a pound of green tea out of a tea-chest; the prisoner had been in the room about that time; we suspected him, and charged him with taking them; he owned before Justice Girdler that he had taken them, and that he had sold the spoons to Mr. Jones, a silversmith; we went there, and he told us he had melted down all his old silver.

William Crothers . I am brother to the prosecutor; the prisoner is a clock-maker ; he was in the room doing something to my brother's clock, at the time the spoons and tea were lost; he was taken up, and charged with taking them, and he owned he had taken them, and sold them for 6 s.

Prisoner's defence.

I was all the day long cleaning the clock up one pair of stairs; he came down to me afterwards, and told me he had lost his tea-spoons; I desired him to send for an officer and search me; he took me before Justice Girdler; the Justice persuaded me to own I took the things, he said it would be better for me.

Guilty 10 d. T .

279. (M.) John Smith was indicted for stealing the weather sheep value 5 l. the property of Thomas Tilbury , April 12 . +

Thomas Tilbury I live at Clapham in Surry; last Friday I lost ten sheep from thence, from an inclosed field; I went to Sir John Fielding, and had them advertised.

Q. When had you seen them last?

Tilbury. I had seen them the day before; I had intelligence that a sheep with my mark was seen at Mile-end turnpike; I went to a butcher in Whitechapel parish, he said he had a suspicion of the prisoner; then I went to the prisoner's house, and found five of my sheep alive in his possession; this was on Tuesday last; I asked him how he came by them; he said he bought them of a man on the road.

William Ward . I went with Mr. Tilbury to the prisoner's house in St. George's in the East; we found five of his sheep, (they had his mark upon them) in a back room of the prisoner's house; they were alive, there was one killed in his shop, he is a butcher; he said he bought them about half a mile out of the Borough for 25 s. each, they were very fat sheep; I think he said the man came from Dartford or Deptford, I cannot tell which, he did not name his name.

Q. Did he say when he bought them?

Ward. I do not remember that he did.

Prisoner's defence.

I bought the sheep on the Friday night, near eight o'clock, there were eight of them, about half a mile beyond the bridge in the Borough.

Q. to Prosecutor. What are you?

Tilbury. I am a butcher by trade, and hold a little land.

Q. Did you know the prisoner before?

Tilbury. I never saw him before to my knowledge.

To the prisoner's character.

Samuel Cox . I have known the prisoner from the time of his first coming to town, which is a year and a half; he lives in Ratcliff-highway, he is a butcher.

Q. Has he much business?

Cox. He has not; he has a universal good character.

Hugh Wright . I have known him about a year and a half; he lodged with me about three quarters of a year, I looked upon him to be a very honest sober man.

Josiah Chambers . I have known him almost a year and a half, I believe he came from Yorkshire; he married unknown to his parents; he had, I believe, about an hundred guineas; he has behaved very honest and very honourable.

Joseph Harris . I have known him about a year, he is a very honest sober man.

Q. Has he any land for sheep to graze in?

Harris. No, he has only a little bit of a yard.

He called five women, who did not mention their names, who gave him a good character.

Q. to prosecutor. Did you find any skins?

Tilbury. No I did not, but I found one sheep skinned, with the horns on the head, which is very unusual.

Guilty. Death . Recommended .

280 (L.) Matthew Beck was indicted for stealing a wooden case, value 12 d. three pair of silver ear-rings, value 9 s. and ten pair of other earrings, value 40 s. the property of John Clare , Jan. 30 . *

John Clare . I am a jeweller , and live in Fleet-street; I lost garnet and other ear-rings, to the number of fourteen or fifteen pair, on the 30th of January: about six years ago the prisoner worked journey-work for me; about six weeks before Christmas last, he came and shewed me a paper, and said he had been discharged from the guards; I gave him 6 d. and desired him to stay and dine; he came another time after, I desired him to dine; then I recommended him to go to Birmingham for work; I desired him to come to me on the 30th of January, to take a letter of recommendation; he came; I was going to give him a glass of liquor, he desired a bit of bread; while I stepped for that, I imagine the ear-rings were taken; he drank the dram, and went away; in the morning I missed a box, containing an uncertain number of ear-rings; as there had been no body but the prisoner in the house, I was fully convinced it must be him that took them; I sent notices out to pawnbrokers to stop them, if offered; I got on intelligence till the 5th, then I was informed he had deserted from the guards; I was going down Tooley-street to enquire after him, and saw in Mr. Spencer, a pawnbroker's window there, a pair of ear-rings which I knew to be my make; I sent my servant William Best to look at them; he knew them to be my making, being concerned in the making them; then I went and got a warrant in the Borough, and went to Mr. Spencer's, he shewed me two odd ones; I told him they were my property, and were stole; I told him I had a warrant against the party, named Matthew Beck ; he said he bought them of him, that he had known him some time; after that he stopped the prisoner, and sent for me; when I came to him to a public-house, I told him the only satisfaction he could make me, was to be generous, and tell me where the rest of my earrings were; he said he would; a pen and ink was brought; I took an account from him of six pair, first pawned, then sold, to Mr. Spencer; five pair to Mr. Brooks, in Joiner-street in the Borough; three pair at a pawnbroker's on Ludgate-hill; three pair sold to a jeweller in Noble-street; I went to Mr. Brooks, he owned he had taken in three pair of the prisoner, they were delivered to me; the next day the pawnbroker on Tower hill delivered the three pair he had got, but said he could not swear to the prisoner.

James Gatey . I am servant to Mr. Spencer in Tooley-street; the prisoner brought six pair of earrings to my master's the first of February; he pledged three pair for 3 s. and three larger for 6 s. he came afterwards, and said he was in distress, and my master bought them for 16 s. after that Mr. Clare's man came, and said they were his master's; after that Mr. Clare came and owned them; after that the prisoner came to pawn a sheet, and we stopped him, and sent for Mr. Clare.

Walter Brooks deposed he took in five pair of the prisoner.

Samuel Smith , the constable, deposed to the prisoner's confession, and finding the things, which were produced and deposed to as part of the goods lost.

Prisoner's defence.

I acknowledge what has been said of me to be true, I did not know what was in the box when I first had it.

Guilty . T .

281. (L.) Edward Thomas was indicted for stealing a silk handkerchief, value 3 s. the property of Philip Harrington , April 5 . *

Philip Harrington . Last Tuesday was a week, coming down Cheapside , seeing several people round the Mansion house, I stopped to see what was the reason of it; Mr. Pain detected the prisoner in picking my pocket; I saw him take my handkerchief from the prisoner's breeches.

William Pain . I was at the Mansion-house gate, I saw the prosecutor looking in; the prisoner came to his right side pocket; his pocket lid was in, so that the handkerchief appeared: I saw the prisoner put his hand in and take it out, I could not tell where he put it: I said to the prosecutor, you have been robbed; I laid hold of the prisoner, and saw the corner of the handkerchief hang out of his breeches; I took it out; (produced and deposed to.)

Prisoner's defence.

I was going to Greenwich; I stopped at the Mansion-house, and saw this handkerchief lying on the ground; before I could turn about, they laid hold of me.

Guilty . T .

282. William Farmer was indicted for stealing forty-one hundred weight of brimstone, value 42 l. 12 s. the property of Robert Kingscole and John Walker , March 14 . *

Robert Kingscole . I live in Cheapside, my partner is John Walker , we are druggists ; the prisoner was servant with us seventeen years; he was trusted as a manufacturer, but not to sell any thing at all, nor never to deliver any thing without our order.

John Thomas . I am clerk to the prosecutor; the prisoner delivered brimstone, and brought an account of it to the counting-house; it was an outstanding debt; we found he had received money at divers times, and never accounted for it; he had sold all clandestinely but one parcel.

Edward Cox . I keep a chandler's shop in Kingsland road; Mr. Kingscole brought a bill to me, I looked over my books, and found I had paid the money; the prisoner had brought several parcels of brimstone in, and I had paid him.

Q. When was the last parcel you had of him?

Cox. That was in January 1764, I had an order from Mr. Kingscole's house, to go to the prisoner to order the brimstone in October 1764; then after that, from time to time, I have received brimstone of the prisoner, and the reason it was found out, there was one bill against me that I had paid the prisoner.

This did not amount to a felony, the prisoner ought to account to his masters for it.

Acquitted .

283. (M.) William Steel was indicted for stealing two serge sailors jackets value 2 s. and one pair of breeches, value 6 d. the property of George Tough , March 19 . *

George Tough . I belong to the Sally, Capt. Goodwin; about a fortnight or three weeks ago I lost two jackets and a pair of breeches; after that I met the prisoner coming out of another vessel with an armful of things; I took him, and then charged him with taking my things; he owned he had taken them, and had sold them to Mary Lovell ; I went with the officer to her house, and there I found them.

Mary Lovell . I keep a clothes-shop by the New-road turnpike, in the Back-lane, by St. George's in the East; the prisoner brought me four old jackets and a pair of old breeches, last Saturday was three weeks, and I bought them of him; (the clothes laid in the indictment produced and deposed to.)

Prisoner's defence.

I had been of an errand to Thames-street; coming back, I met the young man; I said, George, what vessel do you belong to; he told me; after that I met John Joiner , he had these things, he desired me to sell them for him; I went to this woman, and sold them for 6 s. he told me to get 5 s. I went to see an old ship-mate of mine, and met the prosecutor; he asked me where I was going with them things; he threw me down, and took me before the bench of Justices; there I told them I had carried such things, and sold them for a man; I am innocent of robbing any body as the child unborn; when I am at home I live at Harwich.

Guilty . T .

284. (M.) John Sheridan was indicted for committing a rape on the body of Mary Brickinshaw , March 22 . +

Mary Brickinshaw . I am not quite twenty years of age; I am servant to Mr. Roberts, he keeps an inn at Hammersmith.

Q. How long have you lived with him?

M. Brickinshaw. A little better than half a year.

Q. How long have you known the prisoner?

M. Brickinshaw. I have known him ever since I have been there; he lived next door to where I live.

Q. What is he?

M. Brickinshaw. He is a journeyman baker .

Q. Is he a single or a married man?

M. Brickinshaw. He is a single man for what I know.

Court. Give an account of what you have to say against him.

M. Brickinshaw. I was going out with a pot of beer one Tuesday night about a month ago, about eight o'clock; I did not know the house or the person to whom I was carrying it; I met the prisoner and said, I am going to such a place, can you tell where it is; he said no, the best way will be to go to such a shop and ask; I did, and was directed, and went and delivered the beer; coming back, the prisoner came and catched me round my waist, and pulled me down a lane.

Q. Where was this?

M. Brickinshaw. This was in the town of Hammersmith ; I went to cry out; he put his hand on my mouth, and took me half way down the lane.

Q. Were there any houses down the lane?

M. Brickinshaw. No, there were not; then he insisted on lying with me; I told him he should not; he said he would; he put his legs between mine, and threw me down, and lay with me.

Q. Had he his clothes on?

M. Brickinshaw. He had.

Q. Had you your petticoats on?

M. Brickinshaw. I had.

Court. You must be a little more particular.

M. Brickinshaw. He drawed my petticoats up.

Q. What more did he do?

M. Brickinshaw. He put his thing into me.

Q. Did you consent to that?

M. Brickinshaw. I endeavoured to prevent him as much as I could.

Q. How long did he keep it in you?

M. Brickinshaw. It might be two or three minutes.

Q. Did you feel any thing come from him?

M. Brickinshaw. No, there was blood came from me.

Q. Did you cry out?

M. Brickinshaw. I made as much noise as I could.

Q. Did any body come by, or pull him up?

M. Brickinshaw. No, he got up of himself, he lay with me after that.

Q. How long after?

M. Brickinshaw. It may be a quarter of an hour, or half an hour; he dragged me out of that lane into another.

Q. Was that nearer the town, or farther off?

M. Brickinshaw. It was nearer the town.

Q. Were there any houses there?

M. Brickinshaw. No.

Q. Did no body come by all the time?

M. Brickinshaw. No; when in that lane, he insisted upon lying with me again; I had not strength left to struggle as before.

Q. Did you coment?

M. Brickinshaw. No, I did not.

Q. How did he get you down, or did you lie down?

M. Brickinshaw. Then he put his legs between mine, and put me down as before; after that he got up, and helped me up in his arms; he asked me then if I would forgive him; I said no, I would not; he asked me if I would kiss him; I said no, I would not kiss him nor forgive him.

Q. What did he say to that?

M. Brickinshaw. He said then he could not help it; he turned down the lane, and I came home; I found our house full of people; I could not tell my mistress directly, but I told her as soon as the company was gone.

Q. What time of the evening was that?

M. Brickinshaw. That was I believe after nine o'clock.

Q. Did your mistress ask you where you had been at your coming home?

M. Brickinshaw. She did, and what was the occasion of my staying so long; I told her I could not find the house, because I was ashamed to tell what had happened then, but I told her as soon as the company was gone, which was before ten o'clock; then she and I went to the prisoner's master's house; we saw the master and mistress, they said he was gone to bed; I went for a warrant the next morning to Sir John Fielding , and the prisoner was taken up that day, which was the Wednesday in the afternoon.

Q. When did your master know of it?

M. Brickinshaw. He knew of it the night it was done, my mistress told him.

Cross examination.

Q. What time was it you met the prisoner in the street?

M. Brickinshaw. About half an hour after seven o'clock, but I cannot say exactly.

Q. How long might you be out of your master's house?

M. Brickinshaw. It might be three quarters of an hour.

Q. Had you never been with beer to that house before?

M. Brickinshaw. No, I never had.

Q. Did you not desire the prisoner to shew you the lane?

M. Brickinshaw. No, I did not, the house I was going to was in a little passage.

Q. Which side of the way is that passage?

M. Brickinshaw. It is on the same side the way the lane is on.

Q. Did you go by yourself with the beer?

M. Brickinshaw. I did.

Q. Did you not go willingly down the lane?

M. Brickinshaw. No, he laid hold round my waist, and turned me towards the lane.

Q. Were not you and he intimate before?

M. Brickinshaw. I never had any thing to say to him in my life, I knew him very well.

Q. How came you not to make some noise?

M. Brickinshaw. I did, and he clapped his hand before my mouth directly, and kept it so till half way down the lane; it is a little bye-lane, it was a good distance down the lane.

Q. Was his hand on your mouth when he declared he would lie with you?

M. Brickinshaw. No, it was not.

Q. Why did you not call out then?

M. Brickinshaw. If I had, no body could hear me.

Q. How long might you converse together before he tripped up your heels?

M. Brickinshaw. A good while, for I refused, and would not let him.

Q. Did the conversation not hold near a quarter of an hour?

M. Brickinshaw. No, It did not.

Q. Did not a person come by, upon which you both started up?

M. Brackish. No, no body came by.

Q. Did you make any resistance while you were going to the other lane?

M. Brickinshaw. I did; I did not know what to do, he cursed and swore enough to fright me out of my wits; he told me if I called out, people would hear me; it was by his persuasion I did not call out.

Q. How long was it between the first and second time?

M. Brickinshaw. It might be a quarter of an hour or more.

Q. How came you to tell your mistress of this?

M. Brickinshaw. When the people were gone away, one Mr. Banks, a customer, was the last in the house; going out he attempted to kiss me, I would not let him; my mistress said to me, what makes you look so scornful; then after he was gone I told her of it.

Q. Have you not made declaration, that you should not have told it to your master or mistress, had they not taxed you with staying out so long?

M. Brickinshaw. No, I never did say so.

Q. Have you not declared you would not have prosecuted, had it not been for your master and mistress?

M. Brickinshaw. No, I never did.

Q. Have you not been to see the prisoner since he was in confinement?

M. Brickinshaw. I went to him yesterday morning in prison.

Q. How came you to go?

M. Brickinshaw. He sent for me, and that he wanted to speak to me.

Q. Did any body go with you?

M. Brickinshaw. No.

Court. Were there people in the room with him?

M. Brickinshaw. There were.

Court. Upon your oath tell what passed between you and him.

M. Brickinshaw. He said to me, will you swear my life away; and said if I would take what money he offered me I should have it.

Q. What did he offer you?

M. Brickinshaw. He offered me five guineas.

Q. Had he the money in his hand?

M. Brickinshaw. No, he said it should be put into a person's hand for me.

Q. Was any thing else said?

M. Brickinshaw. He said he would have me if I would have him, and he would use me well; as to having him, I said I never will.

Q. Did you not say you was afraid of marrying him, on the account of having sworn against him?

M. Brickinshaw. No, I did not.

Q. Did you or did you not at that time say, you never intended to hurt a hair of his head, and hoped you should not?

M. Brickinshaw. No, I never did; he said he hoped I would not take his life away; I told him I would not spare him an inch, if I knew it.

Thomas Roberts . I am master to the young woman; I first heard of her being ill used by the prisoner at almost ten o'clock that night; she confessed, as soon as the house was clear, what had happened; I had sent her to Mrs. Bevan's with beer, between seven and eight I believe in the evening; I believe she might be out half an hour or three quarters; when she came back, we asked her where she had been so long; she made some little slow answer, I think she said she could not readily find the place; as soon as the company was all gone out of the house but me and my wife, while I went into the cellar she fell a crying, and told my wife what had happened; when I came up I was informed of it, she then gave us the same account as she has now.

Q. Did she say he had twice lain with her?

Roberts. She did, that he threw her down in both the lanes, and lay with her.

Q. Are there any houses in the lanes?

Roberts. No, there are not, and in the night-time there are very few people go through them; the prisoner lives next door to me.

Q. How long has the girl lived with you?

Roberts. A little above half a year.

Q. Upon your oath, during the time she has lived with you, have you perceived any thing loose in her behaviour, have you any reason to suspect she would suffer people to lie with her?

Roberts. No, I never had a suspicion of her, I look upon her to be a sober honest girl as any is; I never believed she would condescend to any body.

Q. Have you any reason to believe this man at the bar used any familiarity with her, so as to kiss her?

Roberts. No, I never had any reason to believe it in my life.

Q. Had he used to come to your house often?

Roberts. He has come once or twice a day sometimes; I never saw nothing between them.

Q. Were there any quarrel between you and him?

Roberts. No, I never had any quarrel with him or his master.

Q. Did you advise the girl to prosecute?

Roberts. It was her own doing; she went in the morning of her own will for the warrant, I did not discourage her in doing it; she was willing and desirous to prosecute him; if she had not of her own accord, I should have advised her to do it; I should not have been willing to have put up with them things in my house.

Q. Did not you threaten her if she did not prosecute?

Roberts. No, I did not.

Thomas Harvest . I am a surgeon, and live at Hammersmith; I was sent for to the Justice, the day following the act, to look at this young girl; I searched her, I did not see any particular act of violence; there was some little laceration, and some hemorrhage, that might be from coition, this I believe proceeded from the laceration; I believe he had entered the vagina; I believe from the straitness of the passage, and the violence that had been used, the hemorrhage might ensue.

Q. Could these appearances be on a woman that had been lain with before?

Harvest. They might; we could not expect to see any great marks of violence upon a person of her age.

Q. May not the hymen be broke of a woman that has not been lain with?

Harvest. I believe it may, and often has been, by a great many circumstances.

Q. Supposing that had been broke, could you discover whether it had been lately, or of any time standing before?

Harvest. I believe that could not be discovered, the passage was very small; I really believe she had not been lain with by any man before; I was desired to examine the prisoner before the Justice, he had got the lues upon him to a high degree.

Q. Had the girl any appearance of it?

Harvest. No, she had not; I believe he has had the disease upon him a considerable time; I have some reason to think, by taking medicines, in some measure the violence was taken off, it was quite a pox; he had had a gonorrhoea before, but that was entirely stopt, it was only the external virus that he complained of; some time a man may have a lues upon him, and not communicate the disease; it might, or it might not.

Thomas Daniel . I was along with Mr. Harvest before the Justice; we examined the prisoner first, and found several little waits upon him; we acquainted the Justice with our opinions; at that time we examined the girl and found -

Q. You have heard the account the other surgeon has given?

Daniel. I have; he has given the just account, as to the prisoner and the girl; the girl made some little complaint after that, and did not walk so well as usual; I gave her some medicine, by way of prevention, but there was no appearance that the distemper had communicated.

Prisoner's defence.

Betwixt seven and eight I met with the girl, with a pot of beer; she asked where the person lived; I said I did not know: she said, if you will come with me I'll come home with you; I went with her, and desired her to enquire the house at the farrier's shop; we walked together; when we came to the end of the lane, I asked her to come down the lane; when we came down the lane, I asked her to do so and so; she said I should not till we came to the corner; I said this is the best place; I laid her down, she never said a word against it, and after that I shook the dust off her gown and cloak; when we came to another place, I laid her down again, and did the same; she never said a word, nor cried; there was a person ran by, who it was I do not know; here is another person here, that was concerned with her as well as I.

For the prisoner.

John Gregory . I was in the Bail-dock to see the prisoner.

Q. Was you the person that went for the girl?

Gregory. No, I was not.

Q. Do you know what character the prisoner bears at Hammersmith?

Gregory. I never heard any thing against him; he bears a general good character, as far as ever I heard.

Thomas Cumerford . I have been to the girl's master, and I spoke to the girl; she said she did not want to hurt a hair of his head, it was what she was encouraged to do.

Q. Did she say by who?

Cumerford. I cannot tell.

Q. Who was by at the time?

Cumerford. There was no body hearing our discourse but myself.

Q. What did you go to her for?

Cumerford. I spoke to her, to see if she would make it up.

Q. Did he desire you to make it up?

Cumerford. No, I never saw him at that time; I spoke to the girl, and asked her if she would let the young man out, and make it up.

Q. Did she tell you she would?

Cumerford. This was entirely to ask her how much money she would take.

Q. Had you the money?

Cumerford. I had not.

Q. Did she consent to make it up?

Cumerford. She said she did not want to hurt a hair of his head.

Q. What day was this?

Cumerford. This was the day of the election at Brentford.

Q. Did she say she was willing to make it up?

Cumerford. She did not.

Q. Why did not you offer her some money?

Cumerford. I had none.

Q. Was this application to her from humanity, or by the desire of the prisoner?

Cumerford. No, I had not seen him; I wanted to see if she was willing to make it up, that other people might do it.

Q. Did she appear willing?

Cumerford. I thought she did.

Q. Then who did you apply to?

Cumerford. To them that had no more money than myself.

Q. What countryman are you?

Cumerford. I am an Irishman.

Q. What country is the prisoner?

Cumerford. An Irishman.

Q. Had he no money?

Cumerford. I cannot tell.

Q. What were the first words you said to her?

Cumerford. I cannot tell indeed; the master came in the way, and she got out of the way when he was coming; we had not two words at a time; the girl was not willing to be seen speaking to me.

Q. Why did you not ask her how much money she would take?

Cumerford. I did not think about making it up, I did not ask her any such thing; and another thing was, I had no money.

Q. to Breckinshaw. What conversation passed between you and this witness, in regard to this affair?

M. Brickinshaw. I never saw this man till he came to our house the day of the election, he was drinking there; I was not very well, and could not go down into the cellar to draw any beer all the day, I sat in the kitchen with my cloak on; this man was in the parlour, he asked where Sheridan was, that was all that past.

Q. Upon your oath?

M. Brickinshaw. Yes, upon my oath.

Q. Did you say to him, you did not desire to hurt a hair of the prisoner's head?

M. Brickinshaw. No, I did not; I went into the room where he was but once all the time he was there.

Guilty . Death .

285. (M.) Anne Nangle , spinster , was indicted for stealing 5 guineas, a quarter of a guinea, and a 9 s. piece, the property of John Ross , privately from the person of the said John , March 20 . *

John Ross . On the 20th of March I left my service; I happened to come to an acquaintance of mine in Hart-street, I met this young woman at the bar, I desired her to shew me the way there; she said she would, but was going into a house, but would tell me afterwards; I went in with her; she said, will you give me a glass of wine; I said yes; I took out a quarter of a guinea, and gave to the woman to give change; the prisoner laid her hand about my middle, and said, young man, you are a stranger, I think you and I might make a while of pleasure; she got her hand into my pocket, and took my money out; it was all in a purse, five guineas, a 9 s. piece, and a quarter of a guinea; there came a young man into the room, and said, the woman to whom you gave the quarter of a guinea is going out of the house, you had best go and get your money; I missed my money in my purse; I said, young man, do you know the woman; he said no, d - n you and the woman both, I know none of you; then I said, I'll take care of the house; I got a couple of constables, about eleven at night the prisoner was taken and searched; I saw two guineas taken from her.

William Haliburton . The prosecutor came to Sir John Fielding 's, and said he had been in King's-court, and was robbed; I know the house and the girl that kept it; the landlady of the house was with her; she said it was done in Bet Love 's room; we took the prisoner Bet Love and a man, and put them into the watch-house; there was nothing found upon the other two; there was two guineas found upon the prisoner; this was the very same house that Billy Duck , who was capitally convicted at Hartford, was taken in; the prisoner was in two different stories.

Prisoner's defence.

I never saw my prosecutor in my life, till he brought this last witness to me; sometimes I follow washing and ironing, and sometimes I am in service; I saved this money by working hard, to get a few things.

Acquitted .

286. (M.) Sarah, wife of William Collins , was indicted for stealing a wooden box, value 5 s. and 50 l. in money numbered, the property of William Jackson , in the dwelling-house of the said William , Feb. 22 . +

William Jackson . I keep a public-house ; on the 22d of February, betwixt the hours of ten and eleven at night, I missed a box (which belongs to a cloo at my house) from out of a closet in the room where I lie; I know there was money in it, but do not know how much; the prisoner had been a servant to me, I suspected her, and took her up; she said if I would take her to Sir John Fielding , she would tell the truth; she there said, a soldier belonging to the guards stole it; we cannot find him, he has deserted; she lived with another soldier, I had him in custody; she said he was innocent; the box was taken away about three weeks after she left my service; she was in my house the same evening that the robbery was committed; the man that she says committed the robbery, is an utter stranger to me; she must have told him where the box was; she owned he gave her part of the money.

Richard Beckford . I was at Mr. Jackson's house the evening the robbery was committed; the prisoner acknowledged to me, one James Curtis , a soldier in the first regiment of guards, committed the robbery, and he gave her part of the money; she said she would clear the soldier she lived with; he was then in the Gatehouse, and she in Bridewell; Curtis is ran away; there was 55 l. in the box; the box was found broke open in the Thames, and brought to Mr. Jackson's house again.

Acquitted .

287. (M.) John Lardington was indicted for stealing twelve pounds weight of lead, value 12 d. the property of Thomas Tong , fixed to a certain building belonging to the said Thomas , April 9 . +

Joseph Serle . On Saturday night between seven and eight o'clock, a man came and told me there was somebody upon the house; it belongs to Thomas Tong , and is in Tottenham-court-road ; I and another man went up, before I could get upon the roof, I heard a man run off from that to another house, as I imagined, but I did not see him; I was called to, and told a man was come down stairs; I came down, and heard a man walking among the shavings; I went in, and found the prisoner concealed under some boards; on the Monday morning we found a piece of lead tied up in a bag, we missed it on Saturday night; we taxed the prisoner with having taken lead; he said he went in there to sleep, but would not admit that he had been up stairs.

Daniel O'Daniel . I was told there was a noise in the building; we went up, but could not find any body; then we came down, and my master desired us to surround the house, (there were seven or eight of us;) we found the prisoner concealed under some boards in the parlour floor, he pretended to be drunk.

William Graham . I am a constable; I had the prisoner in charge on last Monday morning, he seemed much in liquor; this lead and an old ax (producing them) were found in the building.

William Day . I was standing at my own door, and saw a person in the building, but cannot say the prisoner is the man; there were no windows in it, so we could see through it.

Prisoner's defence.

I had been out that week, being a holiday, I got too much liquor; I was coming home through St. Giles's, being vastly sick, I saw this door open, I walked in and lay down, till these men took me by the collar; they carried me to a public-house, then they said, go and get a cord, and let us duck him; I said if I had done any ill I deserved to be punished; I went willingly with them.

Acquitted .

288. (M.) John Wood was indicted for stealing a small brass pestle and mortar, value 12 d. five brass candlesticks, value 18 d. a copper coffee-pot, and a brass tobacco-box , the property of Pearman Harding , March 12 . ++

Pearman Harding. I am a weaver , and live in Bethnal-green parish; I lost the things mentioned in the indictment out of my kitchen, we were in a room adjoining to it at that time; they were lost about nine at night, on the 12th of March.

Mary Hopgood . John Wood and I were going down the street where the prosecutor lives; he went to this door, and said to me, stay; he went in, and took out two brass candlesticks, and gave them to me; then he said stay, I'll have more; then he went in, and brought out a brass pestle and mottar, after that he brought out a brass tobacco-box; he carried them home to his mother's, and put them into her drawers, she lives at the corner of Cock-lane; I sold the tobacco-box for six-pence, in Bell-yard, Whitechapel; the other things are here; they were found in a room he took just by his mother's; I was taken up, and turned evidence, and gave them the key of the room door; I was going to live along with him.

Richard Smith . This Hopgood sent her mother to Mr. Brehrook; after she was taken up, she wanted to get admitted an evidence; we took the prisoner up on her information; we took them both before the Justice, one was sent to Clerkenwell Bridewell, and the other to New Prison; she said she had the things in her apartment; I went and found them there, all but the tobacco-box; the prosecutor swore to them before Sir John Fielding .

Acquitted .

(M.) He was a second time indicted by the name of John Wood , for stealing three linen shirts, value 21 s. one woman's linen bed-gown, value 3 s. one child's linen gown, value 2 s. two linen aprons, value 4 s. the property of Thomas Peak , March 11 . ++

Thomas Peak . I live in Castle-street, Bethnal-green parish ; I lost the things laid in the indictment (mentioning them) out of my yard, on Friday the 11th of March, betwixt eight and nine at night; they were taken from off a line; I found them again, hanging in a shop in Red-lion-street, Spitalfields, on the Tuesday after.

Margaret Bedwell . Hopgood asked me to buy some shirts, that she said had been her father's, who died two months before; I bought them of her; I was informed they were stolen, and the next day I saw her again, and stopped her.

There was no other evidence but Hopgood, whom the court did not think proper to examine.

Acquitted .

(M.) He was a third time indicted by the same name, for stealing a mahogany tea-chest with two tin cannisters, value 4 s. two brass candlesticks, value 12 d. two silver tea-spoons, a silk handkerchief, a baize cloak, a small cup and feather , the property of Jonathan Carpenter , March 3 . ++

Jonathan Carpenter . I live in Benthnal-green parish, and am a weaver ; I lost the things mentioned in the indictment (naming them) from out of my house, on the 3d of March; I missed them between ten and eleven in the morning, the door was broke open; I was at work, and my wife gone to market; Mr. Smith found the things, they are here.

Mr. Smith. I found these things (producing them) in Hopgood's apartment.

There was no other evidence but Hopgood, she was not examined.

Acquitted .

289. (M.) Mary Doyle , spinster , was indicted for stealing a pair of linen sheets, value 12 s. a woollen coverlid, value 6 s. a copper saucepan, value 5 s. a copper tea-kettle, value 2 s. and two flat irons, value 1 s. the property of William James , the same being in a certain lodging room lett by contract , &c. Feb. 19 . +

William James . I lett the prisoner a ready furnished lodging at 2 s. and 8 d. a week; she came on the 17th of February, and went away on the 19th, and all the things in the indictment (nameing them) were missing out of her room; I took a warrant, and found the things at Mr. Stockdon's, in Great Pultney-street, a pawnbroker; I did not find the prisoner till yesterday morning; she owned she had taken and pawned the things there.

Prisoner's defence.

I took the things, but I would have fetched them out again.

Guilty . T .

290. (M.) Elizabeth Bridgeford , spinster , was indicted for stealing 4 l. in money numbered , the property of Paul Gossage , March 11 . ++

Paul Gossage . I keep an oil and chandler's shop in Cow-cross ; the prisoner was my servant , she was a month all but two days with me; I took her out of the London workhouse.

Q. How old do you take her to be?

Gossage. I take her to be about 14 years old; she ran away on the 11th of March, at night; I missed the money after she was gone; we enquired after her, and had her advertised; after that I found her in bed at the Griffin-inn in the Borough; I charged her with taking my money out of my drawer; she acknowledged she had, and gave me 16 s. and 9 d. I asked her what she had done with the rest; she said she had bought some new clothes with it, and gave them me in a bundle; (produced in court) I took her before Sir John Fielding , who examined her; she told him every thing, and what she had bought, and the price of each article; the Justice made a bill of it, and it came to upwards of 4 l. I asked her for the green purse it was in; she gave it me (produced and deposed to.)

Mrs. Gossage. I am wife to the prosecutor; I put this money, 4 l. and upwards in a drawer, but did not lock it; it was in a green purse; after the prisoner was gone, we missed the money.

The prisoner said nothing in her defence.

Guilty T .

291. (M.) George Ambler was indicted for stealing a silver quart mug, value 39 s. the property of Charles Dean , March 2 . ++

Charles Dean . I keep the Ram alehouse in Cow-cross ; on Wednesday the 2d of March at night, I had a company in the club-room, the prisoner was one of the club; he and Thomas Pool were the two last that went away; the next morning I missed a silver quart mug; Pool is not taken yet; I went to Sir John Fielding , and got bills distributed about, and had it advertised; after that Mr. Davis and another man came, and told me they could give me some account of it; the prisoner went by the name of Yorkshire George; we were directed to the Crown alehouse, in Bridges-street, facing Drury-lane playhouse, there we found the prisoner drunk in bed; I asked him what he had done with my mug that he had taken the night before; he said it was up stairs; I went up stairs with him, and found it in the room where he lay.

Q. What sort of a club is your's?

Dean. There are people come on a Wednesday night, and spend a groat each; he came there that night, I do not find any body knew him.

Robert Rawlins . I went with Mr. Dean to the Crown alehouse; there we found eight or ten people in bed, the prisoner was one of them; he told us the mug was in the same room, we went up and found it; (produced in court and deposed to by the prosecutor) the prisoner said he was in liquor when he took it, and he did intended to have brought it again the next day, and throw it over into the skittle-ground, and that he had been very uneasy about it; but that the other man that was with him said, George, hang it, (that is, make money of it) you want money; we found it standing upon a box.

William Kimbel . The prisoner and another man brought this mug to my house, at the foundery near Carnaby-market, and offered to sell it me; he said he had won it of another man at cards; I asked him whether they did not think the man they won it of, had not stole it; the prisoner said he was afraid he had; I said, then you had better advertise it, you will soon hear of an owner; after that they both said they took it themselves from Mr. Dean's at the Ram in Cow-cross; I advised them to carry it back; they said they did not think of bringing it away, when they first put it in one of their pockets.

Court. It would have became you to have insisted upon stopping them, when they had told you they took it away.

Kimbel. They made me swear several times I would not divulge the thing; then they began to say the prisoner had been playing two guineas against the mug.

Richard Davis . An acquaintance of mine told me the prisoner had the mug; I went directly, and told the prosecutor of it.

Prisoner's defence.

I know nothing at all of the mug, I am as innocent as the child unborn.

Guilty T .

292. (M.) Morris Jenkins was indicted, for that he on the 24th of November , about the hour of twelve in the night, did steal, pluck up, or dig up, two thousand cauliflower plants, the property of George Wallis , which were growing, standing, and being in the garden-ground of the said George . ++

George Wallis . I live in Old Gravel-lane, Ratcliff highway ; my garden ground is in Old Gravel-lane, there are four acres of it, it is inclosed with ditches; I lost two thousand cauliflower plants out of it on the 24th of November at night, I was informed the prisoner had stole them; he was taken up on Easter Sunday, I charged him with taking them, but I did not hear him speak a word in his defence.

Jeremiah Holloway . I am above fourteen years old, I live in Limehouse; I did live with Mr. Cole at Bromley, he hired the prisoner to get him some cauliflower plants; he went out and got the boat-head full, and brought them home at night, tied over with young Mr. Cole's apron.

Q. What is Mr. Cole?

Holloway. He is a gardener.

Q. When was this?

Holloway. This was at the same time Mr. Wallis lost his plants.

Q. How do you know that?

Holloway. Because Mr. Wallis came down, and saw them fresh planted.

Q. Did you hear Mr. Cole direct the prisoner where to get them?

Holloway. No, I did not; but I heard the prisoner say he brought them from Old Gravel-lane.

Q. What day of the week did he bring them ho?

Holloway. It was on a Wednesday night about nine or ten o'clock, and young Mr. Cole planted them in his father's ground on the Thursday; Mr. Cole kept a public-house at that time; the prisoner would never go in at breakfast time or dinner, without sending me in first, fearing Mr. Wallis was there; next Sunday Mr. Wallis came down and saw them; the prisoner threatened my life if I spake of it.

Q. Did he tell you Mr. Walli's name, or describe him?

Holloway. He told me a gentleman of a middle size. in a light-coloured coat and a blue apron; (such was the prosecutor;) the prisoner left his place, fearing he should be taken.

Michael Towers . I am a gardener, I lived at Mr. Cole's; the prisoner borrowed some money of his young master, I do not know how much, and the next morning he brought home some cauliflower plants, but where they came from I do not know; he planted them out his own self; Mr. Wallis came the Sunday following, the prisoner and I were binding turnips together in the yard near the house; he seeing Mr. Wallis, he took some rods and walked down the garden, and would not be seen by him; there were great enquiring after the plants, but they could not find it out; the prisoner staid with Mr. Cole about a month or six weeks after this, and then went away; when he was charged with it he said he brought no plants.

Prisoner's defence.

There was a gentleman at Low Layton gave my master a quantity of cauliflower plants, these were they that Mr. Wallis saw, fresh planted under the wall; I was not sent to fetch them, they were sent up by a man; I took them down in a basket, and planted them out the next day.

Wallis. These plants were the same as mine; there is as much difference between plants that are raised under glasses and those in natural ground, as there is between a cabbage-plant and a cauliflower; mine were not raised under glasses.

For the prisoner.

William Cole . I live at Bromley, I am a farmer and gardener; the prisoner worked for me, so did the other two evidences; I never saw a plant of Mr. Wallis's in my life; I neither sent the prisoner, nor gave him money to go for any, I had plants enough of my own; I had two baskets of plants from Low Layton.

Q. Was these that came from Low Layton some that had been under glasses?

Cole. I do not know, I never saw them, I am very seldom at home.

Towers. They were never under glasses; when Mr. Wallis came, I shewed him all the plants I had; which might be eight or ten thousand, or more.

William Cole , jun. I live with my father; I never saw the prisoner bring a plant in my life; I had a parcel about November came from Low Layton, this was about a week or ten days before Mr. Wallis came; these were what Mr. Wallis looked at under the wall, they were raised under glasses; the reason the prisoner left us was because he wanted his wages raised, and my father would not raise them; I brought one parcel myself from Low Layton, the other were sent, but I was not at home when they came.

Wallis. When I was down there, Mr. Cole told me he expected some plants from Low Layton, but they were not come then, and these were planted out then.

William Cole , sen. They came at two different times; this boy, Holloway, has been a thief, he used to rob my house; I have catched him stealing eggs, and knives, and things; he has swore I have beat him when I have never touched him.

Q. How many plants might there be in the first parcel from Low Layton?

Cole, sen. I believe there were about two or three thousand of them in all.

Prisoner. The cause of my going away was, my master would not give me more wages; last Monday se'nnight, at night, Mr. Wallis came to me in the garden, and said, Morris, come and take part of a pot of beer; we went into the alehouse together; he said he had a favour to ask of me, he wanted six or seven holes of cucumber-plants; I said, if my master has any to spare he must go to him; I think, said I, it is strange you should come to collogue with me; I went down in the ground to work; He came, and wanted me to go and drink with him again, I did not know his intent; I said I must stay and water, I said I would come; he went away; when he was gone, a gentleman said, go along, Morris, there is a man in the road wants you; I owed a little money, I thought it was the man that I owed it to; I went off into the country a little way, for fear of being taken for a debt.

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

Wallis. I did, and spake to him as he has said; the officer was not with me the first time to take him, I went out for the officer; I was not out two minutes before the prisoner was run away.

Q. Was not there the master of the public-house?

Wallis. The master of the public-house abused me for bringing the officer, and went to the window, and hallooed out, Morris, make off.

Valentine Ludford. I keep a public-house in Virginia-street; the prosecutor was at my house on Easter Monday, he asked Morris about some cucumber-plants; they staid about half an hour, then Morris went to his work, the garden in close to my house; the prosecutor came again in the afternoon.

Q. Did you call to Morris to bid him go off?

Ludford. What should I for?

Court. Answer the question.

Ludford. I did not give him an account of any body being after him.

Court. Answer the question, yes or no.

Ludford. I did not; I was informed he was indebted to a baker, and he is a poor fellow with hardly a shirt to his back, and it was better to get out of the way till he was more able to pay.

Acq.

293. (M) James Sampson was indicted for stealing six bank notes, to the amount of 925 l. which were due and unsatisfied for, the property of the Right Hon. Henry Seymour Conway , Esq ; in the dwelling-house of the said Right Hon. Henry Seymour Conway , March 2 .*

Henry Seymour Conway , Esq; When I was in Germany, that unfortunate man at the bar did attend me the greatest part of the two last campaigns; he had before attended the Duke of Richmond, where he was put, by his Grace's care and goodness, under the tuition of another person, to learn to be a draughtsman; and when his Grace left Germany, he put him under my care, he was then about sixteen or seventeen years old; he was generally in my house and family, I employed him as a draughtsman , to take sketches of the camps, more particularly those in which I was concerned, that was the connection I had with him; he has applied to me since on different occasions, and I have lately got him to be a draughtsman in the Tower; he was backwards and forwards in my house in common.

Court. Please to inform the court and jury of the particular circumstances of the fire and the robbery.

Gen. Conway. As near as I can recollect it was as follows: I had received notes of Mr. Larpent, to the amount of 1200 l. and upwards; there was one of 500 l. and seven notes of 100 l. each, and, I think, a 20 l. and a 10 l. note; I put them in a drawer in a till in my library; part I had disposed of, 300 l. and the 20 l. and the 10 l. notes; and of that money there remained the 500 l. note, and four single hundreds, and I believe there might be another note, but I cannot be very accurate as to the description of that; I had noted the money I took of that sum, so that I knew precisely the sum I had left; there was a 25 l. note I put there afterwards; I saw these notes the morning preceding the fire, or the morning before that, I am not quite certain.

Q. What time of the evening did you leave the library before the fire?

Gen. Conway. I believe about one the same morning, which was the 2d of March; I left a small fire in the fire-place; I took one candle with me, and put the other on a mahogany table at some distance from where the papers were; the servant, Richard Liver , who attended me that night, can gave an account of that, it was impossible for the flame to communicate to these papers; the next morning, between five and six, I was alarmed with an account of the house being on fire, I looked at my watch when I came down; we found smoke issuing through the door of the library, and I heard the crackling of flames; I did not open the door at that time, being cautious not to let air in, which might increase it; I called to the servants, to know if they had ordered engines to extinguish the fire; they said they had, but it was same time before the fire engines came; when they came, they were applied to the room, and when they had had some effect upon the fire, the door was opened; I called to the firemen, if they could, to bring out such a table in which I had put the notes; they brought the table out, it smoaked very much, and was partly on fire; upon examining it, I found the drawer where I left my money, and the drawer contiguous to it, were both standing a small matter open; I examined the table, and opened the drawer where the money was, and examined if the papers were safe; I found they were all safe in appearance, only something wet with the engines that had been playing in the room; I took the papers up with a good deal of case, and put them into my pocket, because there were people standing round at that time; I thought by that means I was secure of the notes I had left, but when I examined my pocket soon after, I found the notes were gone from among the papers; then first it was that I had any strong idea that I had been robbed; this is all that occurs to me about the fire and the robbery.

Court. Please to describe the manner of the fire taking effect on the different parts of the room.

Gen. Conway. It was the opinion of every body almost that saw the room, that it was set on fire on purpose, and at two different places; to be sure the appearance of the room was very strongly so; but, for my own part, it seemed to me to be so atrocious an offence, that I could not conceive it had been set on fire on purpose; when I was convinced of the robbery, then I could not quite doubt of the other; the table stood on the left side of the fire place, as you look from the fire; there was a book-case on the contrary side, and at a considerable distance; the book-case and the table were the only things that were absolutely on fire; the book case was burnt down to the floor below, and the fire had heated the boards above immediately over the book case; the pictures were destroyed, and the book case with the books in it were damaged; the curtains were so singed as to fall almost to pieces; the cieling was so parched, that part of the plaster had fallen down, and disevered the laths: notwithstanding the natural appearance was, that it should be some of my own family that was concerned in this robbery, yet I had so much confidence in my servants, as I had had most of them a great while with me, who behaved who remarkable justice, I could not suspect them, therefore I turned my thoughts to consider who could have access to the house in such a manner as to be guilty of this thing; when I heard of the bank note, my thoughts was to trace it by means of that, and the first thing that struck me was the description of the person; I did not know the number of the note, but I thought a note of that magnitude might easily be traced, and I enquired into that; Mr. Larpent had received three notes they did allow at the Exchequer, and he traced out two of them, and the third must be that I had; I sent to the Bank to stop that note, and I heard, to my great surprize, that that note had been brought to the Bank the morning of the fire for payment; I thought of tracing the person that brought it; I enquired what sort of a person it was; the description I had answering in a good degree to the prisoner at the bar, it came into my mind, for that and some other things, that it must be he that was the person, (though I could hardly believe it;) Mr. Campe brought the note and shewed it me, he left it in my hands; it occurred to me, the description being something like the person of the prisoner, to compare some of his writing with the writing on the note; (the 500 l. bank-note produced;) though it appeared like a disguised hand, I thought I saw certain strokes in this of a peculiar kind, that, joined to a description of the person corroborated my suspicion; but it is not a similitude that I should chuse to swear to, but it was a great inducement to make me prosecute my enquiry.

Q. Do you now look upon it to be the prisoner's hand writing?

Gen. Conway. I will not swear to such a thing as that, I believe it to be his; I thought it proper to communicate my suspicion to the Duke of Richmond; accordingly we proposed the clerks of the Bank should come in, under pretence of business, that they might see Mr. Sampson, to know if they knew his person; the two gentlemen at the Bank, Mr. Lambert said he should know the man that brought the note among a thousand, he had taken such particular notice of him; Mr. Campe, the other, said he thought he should know him if he saw him; the Duke of Richmond and myself were with Mr. Sampson, and the two gentlemen came into the room; I had desired them, if they were not sure of his person, they should not make a signal; (our intention was, if they were not sure of the person, Mr. Sampson should not know he was there for that purpose;) but when the gentlemen came into the room, and we gave them some opportunity, by continuing our discourse to the prisoner, they made the signal; (we had agreed they were to make a certain signal if they knew him to be the man;) then I charged the prisoner with it; at first he denied the fact, but not long he soon confessed it, and then gave a full account of the transaction from the beginning to the end.

Q. Can you recollect what he said upon that occasion?

Gen. Conway. He confessed he was in my house the night before the robbery was committed; that he had meditated this thing for some days before; he said, when he pretended to leave my house, instead of leaving it, he went up into a room that was vacant, where my house-keeper, who had left me some little time before, had lain; that he lay concealed there till two in the morning, and pulled off his shoes to avoid making a noise, he came down stairs; that he found the remains of a fire in the hall next to this library; that he lighted his candle, which he brought in his pocket for that purpose, and he owned he left it burning among the papers after he had taken the notes; I went out of the room a little while, so far he mentioned before me; he at first said he took them in another manner out of the table, but afterwards he confessed he had done it in the manner I have now mentioned; and that he said an hour, or an hour and a half, to see whether the fire took effect or not; that he went from thence, and went to bed for two hours; then he dressed himself, and came back to my house about eight in the morning, near about the time the fire was subdued; I remember I had seen him there, and I really thought of sending him to make enquiry concerning these notes; he came to me that same day, and asked me if I wanted him; I told him then I did not, the business I wanted him for I had employed another person to do; he described the other notes to be in a cupboard, I think, or some place in his own room, where they were found; Mr. Wilkinson was sent with a constable to his lodgings in Pimlico; he brought the notes back to the Duke of Richmond's, they were never in my possession since; there were eight 50 l. notes, making 400 l. and three single 100 l. and a 25 l. he mentioned having changed this note of 500 l. for a 100 l. note and eight 50 l. notes; he was taken into custody and committed.

Q. Was you present before Sir John Fielding at his examination?

Gen. Conway. I was; there he confessed the robbery only, not the setting fire to the place, he said the fire might be accidental; I asked him by what accident he supposed it could be; he said he might have left the candle on the table; I told him that could not well be, because the candlestick must have appeared; he said the candle might melt down, I said the candlestick could not; then he owned he brought it without a candlestick; I learned afterwards that he piled the papers round the candle.

Q. Did he say he set it upright, or laid it down?

Gen. Conway. He first said he leaned it against the ink-stand; I told him that was too low, that was not above an inch and a half high, then I went out of the room.

Abraham Newland . On the 13th of February I delivered three bank notes, 500 l. each, dated the 11th of February 1768, and numbered,

K. 604. K. 605. K. 606.

payable to Mr. Abraham Newland , each 500 l.

(The 500 l. note in question shewed him.)

Newland. This is one of them, K. 606; I delivered them to Mr. Barnsley, to deliver them to Mr. Larpent.

Samuel Barnsley . The three 500 l. notes I received to Mr. Newland, I paid the same day to Mr. Larpent; this is one of them, K. 606, I particularly remember it.

Mr. Larpent. I received three 500 l. bank notes of Mr. Barnsley.

Q. Can you give an account what became of these three 500 l. notes?

Larpent. I paid one of them on the 15th of February to Mr. Brown and Co by the hands of Richard Evans ; I paid another on the 18th of February to General Conway ; the third note was paid to Mr. Willis; when I paid the General that, there were seven single 100 l. notes paid at the same time, and I believe a 25 l. note.

Richard Evans . I received a note of Mr. Larpent, No K. 604, for 500 l. that day; it was payable to Mr. Abraham Newland .

Mr. Willis. I received a note the 27th of February of Mr. Larpent, of 500 l. I did not take notice of the mark; I paid it to Mr. Drummond the banker with other notes, about a quarter of an hour after.

Mr. Orton. I live with Mr. Drummond. On the 27th of February I received several notes of Mr. Willis, among which was a bank note of 500 l. it was dated the 11th of February.

Mr. Stone. I and Mr. Thompson are employed to sign bank notes.

Court. Look at this note of 100 l.

Stone (He takes it in his hand) This is signed by Mr. Thompson.

Court. Look at these.

Stone. (He takes three single notes for 100 l. each in his hand) These are all signed by me.

Q. Do you know Mr. Butts?

Stone. I do, he is appointed to sign bank notes.

Court. Look at this note of 25 l.

Stone. (He takes it in his hand) I believe this is signed by him.

Thomas Campe . I am in the Bank, I pay money for bank notes; the prisoner at the bar came there to me on the 2d of March; he brought this 500 l. bank note, K. 606, payable to Abraham Newland ; I cancelled this note, upon paying a 100 l. note, with an order for eight 50 l. notes; he desired to have two 50 l. notes, ten 20 l. notes, and ten 10 l. notes; when he presented this note to me, there was nothing wrote upon it; I bid him write his name and place of abode upon the front of it, and bring it me again; he took it, and in about a minute brought me with this upon it; I am not sure whether I saw him write it or no; he desired to have two small notes; on the Friday I went to Sir John Fielding , to acquaint him the 500 l. note was paid; after this I saw the prisoner at his Grace the Duke of Richmond's; I declared there, that I knew him to be the person that brought the note; when he was first charged with it he denied it, and afterwards he said he took the notes out of the drawer, and he left the candle upon the table; that he set it up by a writing-desk, or some such thing, and had put the papers round it, and when he saw they were on fire, he went out of the room; he said he brought the candle from home, on purpose to light it at the hall-fire; and by the help of a tree in the yard, he got over the wall, and walked about for an hour, and if the house had open on fire, he intended to alarm the family; he gave intelligence where the remaining notes were; he said they were in a back-room in the house where he lodged; Mr. Wilkinson and one of the constables went to search for them; he told them they would find almost all the notes; he told Sir John Fielding , he had expended about 180 l. of the money.

Benjamin Lambert . I am appointed at the Bank to deliver out bank notes; the prisoner brought a ticket for two of 50 l. ten of 10 l. and ten of 20 l.

Q. What clerk did he come from?

Lambert. From Mr. Campe; I told him if he had any other business to do he had better call again in an hour; he said if we could give him eight 50 l. notes, it would dispatch him sooner; accordingly I made him out eight in the name of Thomas Williams .

(They were read in court.)

No 264 265 261 260 259 268 262 257

Thomas Williams , 50 l. dated 2d of March, 1768.

Lambert. They are all entered Rainsford.

Q. How soon after did you see the prisoner?

Lambert. I saw him at his Grace the Duke of Richmond's on the 8th of March; I was sent for to see if I knew him again; I knew him the minute I came into the room.

Court. Recollect what the prisoner said there.

Lambert. The General challenged him as the person that had robbed him; he denied it at first, but immediately after he confessed every thing, that he took the notes out of a drawer of a table in the library, and that he came to the Bank first with a 100 l. note for cash, and then he came about noon with this 500 l. note; and that he had 100 l. in cash, and the rest in notes, and he had disposed of some of the money, pretty near 200 l. I believe he said he brought a candle from home, and lighted it at the hall fire; and after he had taken the notes, he put the candle on the table, and piled the papers about it, and waited about an hour about the house; then he went home and lay down, and about eight o'clock he came back-again.

Q. Do you recollect about what time he said he left the candle burning?

Lambert. About two in the morning; he said he went up the back stairs into a room, and concealed himself till two in the morning; then he brought the candle, and lighted it at the hall fire.

Thomas Jeyes . I am a clerk at the Bank, appointed to change bank notes; the prisoner came on the 2d of March, about ten o'clock, with a bank note of 100 l. to me, which I paid him; he wrote the name John Santon , Pimlico, upon it; he had all in cash, (he takes a note in his hand) this is the note.

Mr. Wilkinson. I was present at the Duke of Richmond's, when the clerks recognized the prisoner; I was at Parliament-street coffee-house; Mr. Marsden, Sir John Fielding 's clerk, was to let us know when the person was discovered; he came and told us that the men were called in, upon which I went over to the Duke of Richmond's; when I came into the room, General Conway came up to me, and acquainted me the prisoner was the person; the cashiers of the Bank had been in the room some time before.

Q. Did you hear the prisoner say any thing of the robbery?

Wilkinson. He confessed he had concealed himself in that room; that he staid there till two in the morning; that he then came down stairs, and took a candle that he had in his pocket, and lighted it at the hall fire; (this was not his own regular account, but the answers to questions the Duke put to him;) he said he found the drawers open, and took the notes out, and put them into his pocket; General Conway asked him about the candle; he answered he had leaned it against the ink-stand, and after that he acknowledged he had put the papers about the candle; he also confessed he went to the Bank, and changed the 500 l. note, and that he either wrote the description of the place where the notes were to be found, or Sir John Fielding 's clerk did from his mouth.

Q. Did you go to the place where you was directed?

Wilkinson. I did, and his Grace the Duke of Richmond went with me to the prisoner's father's; there, in a front room up two pair of stairs, in a cupboard on the right-hand, there was a loose bit of paper stuck up against the wall by some paste or gum; Sir John's man felt something soft, so he tore the paper down, and there he found three single 100 l. notes, eight of 50 l. and a 25 l.

His Grace the Duke of Richmond confirmed the account given by General Conway of what passed at his Grace's house, with this addition; that when the prisoner was before Sir John Fielding , after Sir John's clerk had taken down his confession in writing, he was asked if he would sign it; he answered he would; then Sir John said, I think it fair to tell you, that if you do, it is the same thing as signing the warrant for your execution, nothing on earth can save you; then the prisoner said he would not sign it: and that he was particularly urged several times to say whether he had any accomplices in it, and he constantly denied that he had any, and said he would not charge an innocent man.

Richard Liver . I am servant to General Conway , I attended him the night before the fire; I sat by the hall fire, after I had undressed the General, till my lady's maid came, and told me my lady was in bed; I sat down some time, till I heard my master come out of his own room, then I went into that room; the first thing I did was to take care of the candle; I took it where were no papers, or any thing near it; the other candle my master took in his hand when he went to bed; there was no smell of fire, or symptoms of any; I came out of the room with the candle in my hand, and blowed it out in the hall, and afterwards put it upon a basket in the hall, and went to bed; this was about one o'clock.

Sarah Matthews . I am housekeeper to the General; the prisoner was at the General's about seven o'clock, I believe he went away between nine and ten; if he returned again, that is what I know not of; I did not know of his being at our house later than between nine and ten, I thought he was gone home.

The prisoner said nothing in his defence.

Guilty . Death .

294, 295. (M.) Mary Lacore and Mary Ellis , spinsters , were indicted for stealing seven pair of men's worsted stockings, value 10 s. two women's gauze caps, value 12 d. the property of Thomas Seabrooke , April 2 . ++

Thomas Seabrooke . My wife carries on hosiery, haberdashery, and millinery, next door to the Angel and Crown tavern, Whitechapel . On Saturday the 2d of April the two prisoners came into the shop about eight in the morning, I was then in a back-parlour; their leaning over the counter, and spreading their arms, drew my attention; I saw a bundle of caps move twice; after they had looked at things and bought nothing, they went out; I said to my wife I did not like them; Miss Bell looked, and said there is a bundle of stockings gone; I went out, and we alarmed people, and they were taken in Petticoat-lane, in about five minutes; the man that took the stockings from them has been here this morning, but the friends of the girls have made him so drunk, that I was obliged to send him out of court; I secured them, and sent for an officer; I saw one cap taken by the officer from under Lacore's left arm, the other cap was found under where the prisoners sat in the watch-house, both my property.

Anne Bell . I am shopwoman to Mrs. Seabrooke; after the prisoners had looked over several things, they said they had no money, they went out of the shop; we missed a parcel of stockings; Mr. Seabrooke went out at the back-door, and I the fore-door; they were soon taken, and the stockings mentioned in the indictment found upon them; I saw one cap picked up under where the prisoners were sitting.

David Jennings . I am a constable; Lacore took a cap out of her bosom, and delivered it to me, the prosecutor owned it; the other I saw taken from the ground where the prisoners were

The prisoners in their defence said they saw a man in liquor in Petticoat-lane, he dropped the bundle of stockings, and they took it up.

Jane Sturney and Bridget Welch gave both the character of honest girls; and Thomas Watson the same of Ellis.

Both Guilty . T .

296. (L.) Thomas Bell was indicted for stealing a pair of shoes, value 4 s. the property of William Simpson , March 15 . ++

Robert Thomas . I am servant to William Simpson ; he is a currier, and sells ready-made shoes in Long-lane . On the 15th of March I was opening the shop between seven and eight in the morning; the prisoner came, and when my back was turned, took a pair of shoes from off the shelf; I soon missed them; I went to an alehouse where he uses, and accused him with it; he confessed at once, and brought me them again, (produced and deposed to;) he is a cobler, he never dealt with my master.

Prisoner's defence.

I took them down to see if they would fit.

Guilty 10 d. T .

297. (L) Michael Bready was indicted for stealing two pounds weight of lump sugar, value 10 d. the property of John Cope and Nathanael Germain , March 23 . ++

Nathanael Germain. I am a sugar-refiner in Little Distaff-lane , in partnership with John Cope ; the prisoner was employed by our cooper; on the 23d of March, about twelve in the day, he officiously went into a part of the house, filled his pockets with sugar, and was about to go away; I had information of it, and stopped him on the threshold of the door; two pounds of coarse lump sugar was found in his pocket.

Prisoner's defence.

I did not know that there was any harm in picking up sugar that lay about.

Benjamin Shaw his master, Morgan James, Thomas Harris , and John Travers , gave him a good character, exclusive of this offence.

Guilty . W .

298. (L.) Rachael Berkliss was indicted for stealing two silver spoons, a pair of silver sugar-tongs, a neckcloth, two handkerchiefs, an apron, and a crown-piece , the property of Samuel Cheesewright , March 1 . ++

Samuel Cheesewright . I am a turner in Aldersgate-street ; the prisoner was servant to me four months and a fortnight; my wife missed a coloured apron; she asked the prisoner after it; the prisoner said, she would find it in the drawer; while my wife went up to see for it, the prisoner ran away; after that we missed the things laid in the indictment (mentioning them;) we took her at a mussin-shop in Old-street on the 3d of March, we took her before Justice Girdler; there she confessed she had taken these things and carried them to pawn, and directed us to where she had carried them.

Esther Shirley . I live in Paul's-alley, and am a pawnbroker. The prisoner pledged two tablespoons, a crown-piece, a pair of tea-tongs, a coloured apron, two neckcloths, and a handkerchief to me at different times, betwixt the 12th of January and the 12th of March.

Prosecutor. I have seen the things, they are my property.

Prisoner's defence.

I intended to replace them again.

Guilty . T .

299. (L.) John Smith , otherwise Wright , was indicted for stealing two brass candlesticks, value 12 d. the property of Thomas Wild , Feb. 29 . +

Mary Mears . I am servant with Mr. Wild, at the Rummer on Labour-in-vain-hill ; the prisoner came into our house and called for a pint of beer, six weeks ago last Monday; I went out of the kitchen into the parlour; when I returned he was gone, and I missed a pair of brass candlesticks from a shelf; I went after him, and found him in at the White Hart, the corner of Lambeth-hill, in Thames-street; I had a man with me that took the candlesticks from the prisoner.

Prisoner's defence.

A man offered me the candlesticks to sell; I bought them.

Barnard Ellis . I keep the Spur inn in the Borough, the prisoner was my head ostler about three years, his name is John Wright , he was an exceeding honest sober fellow.

Guilty . W .

300, 301. (L.) Stephen Field and Benjamin Evans , were indicted for stealing a silk handkerchief, value 4 s. the property of William Read , April 12 . ++

William Read . On Tuesday last I was coming along Thames-street, about two o'clock in the day, the two lads at the bar followed me some time; when I got near Billingsgate , I found a hand at my pocket; I looked round and saw Field have my handkerchief in his hand, he gave it to the other prisoner, who put it behind his coat; I asked him what he had there; he said nothing; I took it from him, he said he h ad just picked it up; I had hold of him, the other ran down a gateway; I called to a person who secured him.

Field's defence.

I was standing by the water-side, looking at a ship, when a man came and took hold of me.

Evans's defence.

This gentleman asked me if I had his handkerchief; I saw it lie, and took it up and gave it him.

To Evans's character.

Sarah Allen. Evans's father and mother keeps a public-house, I never knew him dishonest.

Both Guilty . T .

302. (L.) Hannah Walker was indicted for stealing a cloth cloak, value 15 s. a cap and a handkerchief , the property of George Story , April 5 . *

The prisoner and prosecutor's wife sell saloop in the street, near Ludgate-hill; they fell out and fought; cloaks and things were said to be lost on both sides, but no foundation for the indictment.

Acquitted .

303. (L.) William Stringer was indicted for committing a rape on the body of Jane Field , an infant between seven and eight years of age , March 4 . *

William Field . I keep a public-house at Billingsgate; the prisoner had lived with me three months before he was taken up; I am father to Jane Field , she will be eight years of age the 13th of next May; the child was very much out of order, but I know no more than what she has said how it came.

Elizabeth Crawford . I am servant to Mr. Field; I saw something upon the child's linen when I put her to bed, it seemed to be fresh corruption; after that, on the 7th of March, I was by when Mr. Breeches the surgeon examined her; she looked red, and there was a running.

Q. Did you ever see the prisoner behave ill to the child?

Crawford. No, never in my life.

William Hoare . I am a surgeon and apothecary, and live with Mr. Breeches in Tooley-street; my master saw the child before I did; it was some time after the contraction of the disease that I saw her, she had the foul disease; there was a running matter, the parts were rather inflamed, but no laceration.

Q. Did it appear to you that any body had entered her body?

Hoare. I think the disease was given by a man, whose private parts were small; I take it a man might enter her.

Q. Might not an infected man communicate the disease, without entering her?

Hoare. I think he might.

The child was examined, but not upon oath, who said she carried a pot down into the cellar, the prisoner there took her and set her on a box and kissed her, and put his private parts to her's, but did not put it into her.

Acquitted .

He was detained to be tried for an assault, with an intent to commit a rape.

304. (M.) Elizabeth Howard , spinster , was indicted for stealing two silver table-spoons, value 14 s. a pair of silver tea-tongs, value 6 s. and a silver tea-spoon, value 1 s. the property of John Harrison , March 24 . *

John Harrison . I am a cheesemonger in New Bond-street , the prisoner was my servant ; on the 24th of March she asked me to go out, I told her she might; (she had lived with me three weeks) she did not come home till the next day; the spoons and things being missing, I suspected her; she would not confess any thing to me, neither was I at the finding the things; the next evidence can give a farther account.

Mr. Barrington. Mr. Harrison applied to Justice Spinnage, who desired me to go and bring the prisoner before him; I said to her she had better tell where the things were; she said she would shew me where they were laid; she shewed me down an alley where the handkerchief lay; she said, there they lie; I took the handkerchief up and found two table-spoons in it, it was near Bond-street; (produced and deposed to by prosecutor) she pulled one spoon more out of her pocket, (produced and deposed to.)

Prisoner's defence.

I used to carry them about me very often; I went out with them, and I said too late, and was afraid to come home.

Guilty . T .

305. (M.) Benjamin Willis and John Newy were indicted for stealing sixty-six pounds weight of iron pallisades, value 11 s. the property of the Rev. Dr. Charles Tarrant , Dean of Peterborough , belonging to the dwelling-house of the said Charles , March 29 . *

John Clark . I am servant to the Dean of Peterborough; the thieves came three nights, the 24th of March, the 25th, and the 29th; we watched and saw three men like smiths come into the yard on the 29th at night; we searched the yard, but could not find them; presently we saw them in the street; we went and secured them, Smith turned evidence; I found nothing upon them.

Samuel Smith . I was in company with the two prisoners about three weeks ago, they had some words about these rails, and Willis told me where they had them; Newy said he thought he had not his due. Last Tuesday Willis and I were taking a walk, he said I will shew you where I got these rails; going by, Willis staid behind, and brought an iron rail with him.

William Bruce . I bought iron of Smith and Willis at different times, the last time was on Monday fortnight, as much as came to 19 s. (a bar produced;) this I took to try if it fitted the place where the bars were taken from, it exactly fitted; all three were together one time when I bought iron of them, to about one hundred weight, much such bars.

John Hiremarch . I am a serjeant of the guards; Justice Fielding sent for me, and informed me of John Newy stealing these things; he being a soldier, Sir John gave me an order to confine him; I took him to Sir John's house.

Willis's defence.

I was never guilty of no such thing, till Smith had enticed me to sit up all night to get iron.

Willis Guilty . T .

Newy Acquitted .

306. (M.) Elizabeth, wife of George Oliver , was indicted for marrying Michael Casebrook , on the 1st of August, in the 29th year of King George the second , her former husband being then living .

There were no evidence in court to prove the first marriage.

Acquitted .

307, 308. (M.) Thomas Rainfrow and Patrick Doyle were indicted for stealing two hundred pounds weight of lead fixed to a building , the property of Philip Howell , April 3 . +

Philip Howell . The buildings are mine; I had lost lead, I set a watch on Sunday se'nnight; I saw Rainfrow come down the area wall, which is ten feet high; I laid hold of him; he got away, and ran up North Audley-street; the mob seemed to take his part, but we took him in Mount-street, and carried him to the watch-house; when we came back, some of them said they saw the other prisoner in the inside of a room; I saw him come out of the cock-lost by a ladder, and then down stairs; he appeared to be drunk.

Thomas Proudlove . I was set as a watch; I saw the two prisoners doubling up lead; I called up several times, but had no answer; at last one did call to us; when we went up they were gone; I went and laid hold of one of them in South Audley-street, we took him to the watch-house; I am sure he was one I saw doubling up the lead; when we came back again we saw the other prisoner, he pretended to be very drunk, lying all along upon some lead that was doubled up, but after some time he appeared to be sober.

Samuel Gibson , who was at the taking both the prisoners, confirmed the account that had been given.

Rainfrow's defence.

I was taken hold of by one of the men, when I was going for some plantains for my sore legs.

Doyle's defence.

I was in liquor, and I went in to hide myself as I always do, to keep out of danger.

Both guilty . T .

309. (M.) Robert Stanley was indicted for stealing six yards of linsey woolsey, value 6 s. and six yards of callimanco, value 12 s. the property of George Crump , March 23. ++

Acq.

310. (M.) John Hughes , otherwise Lewis , was indicted for stealing seven linen shirts, value 10 s. the property of John Willis ; a cloth coat, value 5 s. a thickset coat, value 3 s. a pair of leather breeches, value 10 s. the property of Henry Clinton , Esq ; Jan. 21 . +

John Wallis . I am coachman to Colonel Clinton; the prisoner being out of place, I got him to help me in the stable; he and the things mentioned in the indictment were missing out of the stable on the 21st of January; he was taken for such another offence when I was gone with the carriage into the country; when I returned I took him before Sir John Fielding , he made several attempts to get away; when he found he could not, he confessed he had sold the things to Mr. Newton, a salesman; we went there, and found some of them; after that the prisoner escaped from us, but we took him soon after at his mother's, in a cupboard.

Thomas Newton . I bought seven shirts of the prisoner (be produced five of them, the prosecutor deposed to four of them;) the other two are sold; I also bought a pair of buckskin breeches of him at the time for 10 s. them I have sold, I bought no coat of him.

Prisoner's defence.

I bought them of a Jew.

Guilty . T .

311. (M.) William Enoch was indicted for stealing one cock pheasant, value 3 l. and one hen pheasant, value 3 l. the property of the Hon. Charles Yorke , Esq ; being same, and kept in a menagerie , &c. April 7 . *

Sarah Townshend . I am servant to the Hon. Mr. Charles York ; there was a gold cock pheasant and a hen taken out of his menagerie in his garden at Highgate , on the 7th of April; (produced in court) these are the same, I know them well.

John Thompson . I am Mr. Yorke's gardener; on the 7th of April I found the menagerie door open; it seemed as if it had been been forced open by an iron instrument, and the cock and hen pheasant gone; I am very sure these are the same here produced.

Joseph Rowe , a salesman in Newgate-market, deposed, that on the 7th of April at night, the prisoner produced these two pheasants to him, who carried them to Mr. James in Holbourn, who dealt in such things; that Mr. James told him he had just received intelligence there were such stole, the property of the prosecutor.

Mr. James confirmed the account given by Mr. Rowe. The prisoner in his defence said he catched them in a wilderness by the road-side, near Highgate.

Guilty . T .

312. (M.) Elizabeth Mason , otherwise Nicholls , spinster , was indicted for stealing a woollen bed coverlid, value 6 s. a blanket, value 8 s. and a pair of linen sheets, the property of ,Charles Taylor , in a certain lodging-room lett by contract , &c. Dec. 4 . +

Charles Taylor . I live in Clare-market ; I lett a ready furnished lodging to the prisoner about six months ago; I lost the things mentioned in the indictment, and the prisoner absconded; I found her in Tothill-fields, Bridewell; I found the things at Mr. Bibby's, a pawnbroker.

Thomas Clark , servant to Mr. Bibby, deposed they were pledged there by the prisoner.

Prisoner's defence.

I had occasion for money, I pawned them, and intended to have fetched them back again.

Guilty . T .

313. (M.) James Currin was indicted for stealing a wicker basket, value 2 s. a linen cloth, value 6 d. and 26 pounds of butter, value 15 s. the property of James Radford , April 4 . +

James Radford . I live at the corner of Chick-lane; I lost a parcel of butter, about twenty six pounds, on the 4th instant; I was told there was a man carried to the watch-house on suspicion of stealing butter; I went and found him there, then I saw the flat which he had the butter in; I can swear to that as my property, which my butter was taken away in.

Marmaduke Langely and William Duncomb deposed to the prisoner offering six pounds of butter for 2 s. they gave him in charge to Henry Panton , a constable.

Prisoner's defence.

I bought the flat and butter in it in Newgate-market.

Guilty . T .

314, 315. (M.) Priscilla Pugh , spinster , and William Johnson , were indicted for stealing sixteen yards of printed linen cloth for handkerchiefs, value 30 s. the property of John Cook , privately in the shop of the said John , Dec. 12 . ++

Thomas Miles . I am servant to Mr. Cook, a linendraper in Holbourn . On the 12th of December, about six in the evening, the two prisoners and Anne Price came into the shop to buy some handkerchiefs, they went away without buying; about three weeks after we missed the piece mentioned in the indictment.

Anne Price . The two prisoners and I went into the prosecutor's shop; we asked to see some handkerchiefs, we did not like them; Pugh took a parcel and delivered them to Johnson, who carried them out of the shop; they were sold to a receiver of stolen goods, who is since gone off; I was taken up on the 21st of February, and on my information the prisoners were taken up.

Pugh's defence.

Price is a very false swearing woman; she has done this because we have had a quarrel.

Johnson's defence.

I am innocent of the charge, I am a picture-frame maker.

William King and Samuel Moore gave Johnson the character of a very industrious man.

Both Acquitted .

316, 317. (M.) Mary Allen , Anne Darlen , and William Johnson a second time, were indicted for stealing twenty-eight yards of printed cotton, value 3 l. the property of Thomas Oakley , privately in the shop of the said Thomas , Feb. 6 . ++

Thomas Oakely . I am a linendraper , and live in St. John's-street . On the 8th of February I missed a piece of cotton out of the shop; I advertised it, but could hear nothing of it till the 21st of February; I had been out, coming home I found there had been three women at my shop, and had taken a piece of cotton; Price and Darlen were taken and brought to my shop, then Price confessed this fact of the 6th, upon which Johnson was taken up; she said she could give an account of Allen and Pugh, and some more, that had been concerned in robbing fifty shops; Johnson confessed he had taken the cotton, and carried it to the Swan in Swan-alley; they were carried before Justice Girdler; Price charged them all three with taking twenty-eight yards, and said it was sold for 40 s. I never found it again.

Q. Did you promise Johnson you would not hurt him?

Oakley. I told him I would be his friend.

Q. Did you consider being his friend was to indict him capitally?

Oakley. He was not my friend in robbing me.

John Folder . I am servant to Mr. Oakley. On the 6th of February the three prisoners and evidence came into our shop after it was shut up; they wanted to see some handkerchiefs, the handkerchiefs were at the bottom of the counter on the inside; I took other cloth off, and as I was stooping with my head in the counter, I think they then took a piece of cotton, which I missed after they were gone; they bought nothing.

Anne Price . Allen and Darlen and I went in, and while this man was taking out several pieces, Darlen took the piece, we went and sold it to Mr. Skelton; Johnson was never nigh us.

Allen's defence.

I do not know where the shop is.

Darlen's defence.

I never was in the shop in my life till the second time.

Johnson's defence.

I never was in the shop. All three Acquitted .

(M.) Mary Allen and Anne Darlen were a second time indicted for stealing seventeen yards of printed cotton, value 40 s. the property of Thomas Oakley , privately in the shop of the said Thomas , Feb. 21 . ++

John Folder , Mr. Oakley's servant, gave an account the two prisoners and Price came into his master's shop on the 21st of February; after they were gone, he missed the piece; they were pursued, and Price and Darlen brought back, but the cloth never found. The only evidence to the fact was Price.

Both Acquitted .

318. (L.) Anne Wright was indicted for stealing three shirts and one sheet , the property of James William , March 5 . ++

Acquitted .

319. (L.) John Martin was indicted for stealing a silver watch, value 30 s. a silver seal, value 1 s. the property of John Griffin , privately from his person , March 1 . ++

John Griffin . On the 1st of March I was standing to see the society of ancient Britons pass by, the corner of Bride-lane ; the prisoner came and placed himself against me; I found something at my watch; I put my hand down, and saw my watch in the prisoner's hand; I said, you rouge, you have got my watch; he went to make off; he was taken and carried down to Bridewell; he dropped the watch on the ground when I charged him.

Michael Hallet . I saw the watch on the ground in the crowd, I took it up, and gave it to the constable, (produced and deposed to.)

Prisoner's defence.

I know nothing at all of it. Guilty of stealing, but not privately from his person . T .

320. (L.) Thomas Draper was indicted for stealing a linen handkerchief, value 10 d. the property of William Howell , March 28 . ++

William Howell . On the 28th of March at night there was a mob assembled, threatening to break windows; I was near six or eight people; I felt something at my pocket; I saw the prisoner walk off, I followed him, and saw him with my handkerchief in his hand, going to deliver it to another person; I laid hold of his hand at the time, and took it up, and he was secured.

Prisoner's defence.

I found it on the ground.

Guilty . T .

321. (M.) Mary Rock was indicted for stealing a bacon ham, value 8 s. the property of Thomas Knight , April 12 . ++

Thomas Knight . I am a cheesemonger in Bishopsgate-street . On Tuesday the 12th of this instant I happened to be in a back-parlour, I heard a noise, I went out; my servant had charged the prisoner with stealing a him; he brought her in, she begged for mercy.

Mr. Burkett. I was informed a person had got a ham, supposed to be my master's; I went out, and found the prisoner with one in an alley, about three doors from our house; I knew the ham to be my master's property, it was taken from off the bulk at the door.

Prisoner's defence.

I never saw it.

Guilty . T .

322. (L.) David Williamson was indicted for stealing a linen handkerchief, value 6 d. the property of Philip Stroud , April 7 . *

William Pain . Just as my Lord Mayor was going to St. Brides church, on the Wednesday in Easter-week, there was a crowd at the Mansion-house ; Stroud was looking in at the gate, his pocket did was in, so that his handkerchief might be seen; the prisoner went in and peeped in also; I stopped down and saw the prisoner draw his handkerchief out of his pocket; I tapped my hand on Stroud, and said you have lost your handkerchief; he said so I have; said I, this is the fellow; I had hold of the prisoner; Stroud said mine has the letter P upon it, I showed it him; (produced in court) Stroud did appear at Guildhall to find the bill, but I fancy he has been played some trick with; I am told he is gone down into the country, and will not appear.

Philip Stroud was called on his recognizance, he did not appear.

Prisoner's defence.

I never saw the handkerchief till I saw it in this man's hand.

Guilty . T .

323. (L.) John Clay was indicted for stealing 20 pounds weight of linen rags, value 4 s. the property of Benjamin Heath , April 2 . *

Benjamin Heath I am book-keeper for waggons at the King's-arms, Holbourn ; on the 2d of April there were about 20 pounds weight of linen rags taken out of a bag of rags that were in the yard, to go down into the country; they were found in the prisoner's apron, and the bag was cut.

Henry Thomas . I saw the prisoner draw a bag of rags under a shed, I told Mr. Heath of it; I and Robert Gilbert went and catched him with them in his apron.

Robert Gilbert deposed to the catching the prisoner in the fact.

The prisoner in his defence, said he kicked against something in the yard, and took it up, which appeared to be a parcel of rags.

Guilty 10 d. Whipped .

324. (L.) Richard Cave was indicted for stealing a leather pocket-book, value 2 s. the property of James Hanson , March 17 . *

James Hanson . On the 17th of March, about three in the afternoon, I was coming out: om Change; the prisoner pushed against me and got my pocket-book, and put it under his coat, and was pushing off; I got hold of him, and took him into a stationer's shop: then he dropt my book, and some papers fell out: he got from me, I called stop thief, he was soon taken; there were eleven handkerchiefs, and two or three pocketbooks found upon him; I had bills in my book to the amount of 3500 l.

Prisoner's defence.

I was coming by, the gentleman took hold of me, and said I had got his pocket-book; he went and picked it up about seven yards from me: I went: cross the way and they stopt me.

Abigail Dolly . I am a stay-maker in Clerkenwell. the prisoner's mother has a lodging in my house; I have known him two years, I never heard any harm of him in my life.

Guilty . T .

The prisoner is the person who gave evidence against Dunk and two others, who were capitally convicted at Hertford last assize, for a highway robbery near Barnet. It appeared the prisoner was the person who acted the most in that robbery.

325. (M.) Elizabeth Mould , spinster , was indicted for stealing a copper tea-kettle, value 6 d. two check aprons, value 12 d. and half a pound of broken slint glass, value 1 d. the property of William Smith , March 23 . *

William Smith . I keep a public-house in Liquor-pond-street ; I lost a saucepan on the 21st of March, two aprons on the 22nd, and on the 23d the prisoner came in again, as she had the other two days; I followed her out, and found some broken glass in her apron; I charged her with the other things; she told me she had taken and pawned them at three different pawnbrokers, where I found them.

The things mentioned produced by the pawnbrokers, and deposed to by prosecutor.

Prisoner's defence.

I have nothing to say.

Guilty . B .

326, 327. (M.) John Walters and Charlotte Smith , were indicted for stealing a silver watch, value 4 l. 4 s. a silver watch-chain, value 12 d. a cornelian seal set in silver, value 5 s. a linen handkerchief, value 6 d. and 10 s. in money numbered , the property of George Riley , Feb. 17 . *

George Riley . Going home to Mile-end, Charlotte Smith picked me up in Whitechapel , and took me in a house; when up stairs she picked my pocket of my watch, there was a chain and seal to it; I saw it in her hand, she gave it to Waters; as we were coming down stairs I charged her with it; Waters said he was a constable, and offered to beat my watch about my head; this was in the house of James Portland ; he was admitted evidence, but he died last Tuesday; I lost at the same time half a guinea and a handkerchief.

Elizabeth Sevear . I received a watch of Portland to pawn; he said it was his own, and cost him four guineas; I pawned it to Mr. Macaby.

John Macaby . I lent Elizabeth Sevear 16 s. upon this watch (produced and deposed to.)

Simon Levi . I live in Buckle-street, Whitechapel; I saw Waters, Portland, and the Smith together; Riley asked her for this watch and things; Waters said he was a constable, and had a good mind to knock the watch about his head; I went to the watch-house and got assistance; when we got to the house where he was robbed, the people were all gone.

Mr. Marsden produced the information of Portland, taken before Sir John Fielding , in which he swore he and Waters were in another room, and they went into the room to the prosecutor, and Smith and she gave Waters the watch, who gave it him, and he sent Sevear to pawn it, which she did for 16 s. which was equally divided betwixt Waters and him.

Smith's defence.

I never saw the watch.

Water's defence.

I was in the house at the time, and went into the room, but never had the watch.

Waters Acquitted .

Smith Guilty . T .

328, 329. (M.) John Ash and Mary Birch , otherwise Marlow , were indicted, the first for breaking the dwelling-house of William Mansell , on the 1st of March , about three in the night, and stealing a leather saddle, value 8 s. a wicker basket, value 6 d. sixty eggs, value 4 s. six pounds weight of pork, value 2 s. six pounds weight of salt outter, fifteen herrings, a leather pocket-book, two knives, six pounds weight of lump butter, a shirt, two pair of cotton stockings, three napkins, a loin of pork, 16 pounds of cheese, and a pair of iron candlesticks , the property of James Pig ; and the other for receiving two pounds weight of lamp butter, knowing it to have been stolen . *

James Pig . I did lodge in the house of William Mansell when this was done, I live now in Well-bank-street, Marybone; my shop was broke open, and all the things laid in the indictment were taken out, to the amount of about 2 l. 15 s. I know nothing farther on my own knowledge.

Nathanael Hartley . On the 2d of March, about four in the morning, at the end of Wigmore-street I met Ash, with butter, pork, eggs and things; I said I was afraid he had stole them; I went to call the watch, he threw down some things and ran; I pursued and took him; I found the hearings and pocket-book in his pocket; another man with him had the saddle, who ran away and left it; (the saddle, tub which the butter was in, two knives, and a cheese knife, produced and deposed to by prosecutor)

William Man . Ash and I had been and seen this shop, we went home, and ordered the watchman to call us up at one in the morning; he did, we went and opened the shop or stall. and took some of the things out; we returned a second time; returning that time, Ash was taken in Cavendish-square, I ran away; the woman at the bar had one lump of butter, and knew where we got it.

Ash's defence.

I had been drinking with some young fellows, I got in liquor, and fell asleep on an alehouse bench; in the morning I met this evidence; he said he was going to move his things, fearing he should be arrested, and desired me to lend him a hand with them to the Middlesex hospital; it being in my way, I did.

Ash Guilty of stealing only . T .

Birch Acquitted .

330. (M.) Margaret, wife of John Watts , was indicted for stealing five women's silk sacks and petticoats, value 11 l. 10 s. two other women's silk sacks, with aprons of the same, value 4 l. one woman's bombasine sack and coat, value 30 s. and one woman's black amozeen sack and coat, value 4 l. the property of Dame Elizabeth Valicar Sambrook , March 28 . ++

Mary Gifford . I have lived with Lady Sambrook five years, the prisoner was my Lady's own servant , and has been her dressing-maid about three years; there was a little argument with my Lady and me -

Q. How old is Lady Sambrook?

M. Gifford. I believe she is eighty-seven years of age, her memory is much impaired; my Lady said she had no yellow gown; to convince her she had, I called to the prisoner to bring my Lady's sattin gown; she came to the door, and put her head in, and said there was no such thing, or my Lady had no such thing; at night my Lady and I had a few more arguments about it; going to bed, I said to the prisoner, I never was more surprized than when you said my Lady had no such gown; her answer was, my Lady knows what she has done with it, she gave it me last August was twelve months; I said, I believe you mistake the time, Mrs. Watts, I wonder I never saw you wear it; she said my Lady did not give it her to wear, she gave it her for her children, and she sent it to them; the next day my Lady told me again she had no such gown; I then endeavoured in my mind to give over trying to convince her; she came into my chamber, and said, you will be obstinate, I am come to tell you you are mistaken; I could not bear it; I clapped hold of her hand, and said, my dear Lady, do not be deceived by that wretch, believe me she deceives you, I am your friend; she said what would you have me to do; I said, let me call her, and confront her before you; I called her; I then repeated to her the conversation she and I had had the night before; she acknowledged she had said to me my Lady had given her the gown; I asked her where was my Lady's brown damask gown; she said it was gone to the mantua-maker's to be let out; I asked my Lady if she had given orders for it to be sent there; my Lady said she had no such gown; I seized the prisoner by the shoulder, and said, art thou not a vile wretch, down on your knees this minute; I desired her to deliver up the keys, she gave me them; I bid her confess what she had done with the things, or I would charge a constable with her; she went on her knees, and confessed she had been very vile, but all my Lady's things should be returned; then my Lady bid her go out of the house, she went immediately away; on the Sunday after we opened the press where my Lady's clothes were, and missed fourteen gowns; then it was concluded to search for the prisoner, and take her up; she was taken, and brought to the house on Monday about noon; she brought papers, on which were set down every gown that I had missed; she confessed she had stolen them at different times out of my Lady's house, and said they were in pawn, and gave Mr. Spinnage the pawnbrokers duplicates, to go to the different pawnbrokers for them; there was one I was a little doubtful of; she told me, if I went to such a drawer in my Lady's house, there was the stomacher that belonged to it, which would convince me it was my Lady's gown; the stomacher was sent for to Mr. Spinnage's, then it appeared to be my Lady's; Mrs. Crawley, my Lady's daughter, asked the prisoner if what she was charged with was truth; she answered, all I had said was truth, and I gave the same account as now.

Christopher Wallis . I am apprentice to Mr. Fryer, a pawnbroker in Wych-street; I was present at the taking in of the prisoner at the bar, 1st, a gray tabby, 2d, a flowered silk, 3d, a striped lutestring; (the three sacks or gowns produced) she brought the two first on the 2d and 18th of January, and the other the 20th of March; I was with her before the Justice, she there said they were Lady Sambrook's property.

M. Gifford. These are my Lady Sambrook's property.

Joseph Wassel . I am servant to Mr. Brooks, a pawnbroker in the Strand; (be produced four sacks and coats) I was present at the taking these in; the prisoner brought the black silk and flowered silk the 28th of March, I lent her a guinea and half on each; there was a guinea lent upon one of the other, and three guineas on the other; I was before the magistrate when she was examined, she owned to the taking them out of Lady Sambrook's house without the Lady's leave.

M. Gifford. These four are Lady Sambrook's property.

Thomas Nash . I live with Mr. Spires, a pawnbroker in Clare-market; (he produced two sacks) one of these was brought by the prisoner at the bar, and the other by Mrs. Thacker; the prisoner and she were at our house together several times; I lent two guineas and a half upon the blue tissue the 19th of December.

M. Gifford. These are my Lady Sambrook's property.

Mrs. Crawley. I am daughter to Lady Sambrook; I was at both the examinations of the prisoner at my Lady's, and also at Mr. Spinnage's; she owned they were Lady Sambrook's property; she told where they were pawned, and for what; the Major asked her if she did steal them; she said she did; he asked her if she took them out of the house privately; she said she did, privately, and without Lady Sambrook's consent; I wish I could say any thing for the prisoner, but it is out of my power.

The prisoner said nothing in her defence.

Guilty , Death .

331, 332. (M.) John Smith and Anne King , spinster , were indicted for stealing a chrystal stone stock-buckle set in silver, value 5 s. a pair of silver knee-buckles, value 3 s. a pair of silver shoe-buckles, value 7 s. one guinea, and 5 s. in money numbered , the property of Thomas Pressey , April 1 . ++

Thomas Pressey . I am a waiter out of place, I lodged at the Noah's Ark, by Well-close-square; on the first of April, in the evening, between nine and ten o'clock, I was going from the Noah's Ark, when in East Smithfield I met Anne King and Margaret Bulge ; they got me to go into a public-house in Parrot-alley, there I treated them with liquor, and staid with them two hours; after they had had liquor, Anne King and I went to bed together; this was on the ground floor; Bulge went out, I fell asleep; after which, in about two hours, there came a man and pulled me out of bed, and swore at me, and asked me what business I had there; I was frighted, I saw only a little bit of a fire, I saw a woman sitting by it; she begged she might not be used ill on the account of my being there; I missed my knee and shoe-buckles; I begged of the man to give me a bit of candle, that I might get my clothes, then I said I would be gone; he would not bring a candle, but brought a little bit of a match; I missed 26 s. in gold and silver; I had got a guinea and a half when I went in, and the girls got me to change the half guinea; we had 18 d. in liquor, King had I think a shilling, and Bulge two sixpences; when I got out at the door, I called for a watchman; the man and woman followed me out, so I was afraid to stay, she was a lustyish woman; she asked me what business I had to call the watch to her house, they bid me go about my business; I went away for fear of being ill used; I met a young woman, she asked me what was the matter, I told her I had lost my knee and shoe-buckles; I asked her to mark the house; she said young man do not be afraid, I have a clean bed, go and lie down on my bed; I went with her and undressed myself, and went into bed, and she lay down by me with her clothes on, and in the morning she and every morsel of my things were gone; I lay some time, and did not know what to do; at last I sent for the man at the Noah's Ark, and he brought me some clothes, and took me to his house; after that, I gave one James Salmon a guinea, which I was forced to borrow, to take all the parties up; I could not be sure of the man that pulled me off the bed, the man at the bar seems to be him by his voice; I never got my money or clothes again.

Margaret Bulge . Last Friday night was a week, Anne King brought this man into the house of Mary Hall, in Parrots-alley, in East Smithfield; he sent for a shilling in brandy and water, and wanted change for a guinea; I went and got change for it; after that he had six pence in brandy and water; after that they both went to bed together; after they had been in bed some time, he wanted some beer, I got some; after that they both lay down to sleep; after that Anne King got up, and said she was very ill; Anne King took the buckles out of his shoes, I was in the room all the time; then she went out and sent John Smith in; he took the man's breeches, and took the knee-buckles out; then he made a wrangle, and said, the bed belonged to him, and desired to know what the man did there with his wife, and insisted upon his getting out of bed, and going out of the room; after that Smith walked out, and left his own buckles in the man's shoes; I saw no money at all; he never talked of losing any money before now; for my part, I never got the value of a snuff of a candle by it, only two six pences, which he gave me for fetching liquor.

King's defence.

This man spoke to me first of all, I did not chuse to go into a public-house, I chose to go home, he went with me; Margaret Bulge unlocked the door for me, the lower floor belongs to us both; he sent for a shilling in rum and water, we cannot have less than a shilling's worth; I sent Bulge for it, after that we had another, and after that another; then we were going to have another, he wanted change; he said he did not chuse to send out a guinea; a servant brought the change and a shilling in rum and water, I told the change into his hand; after that Bulge made him pay for the rum and water again; he was very kind and good natured, he would send for another shilling's worth; when she brought that, she said he had not paid for that, though she carried the money, she made him pay for that again; then I asked for a little bit of supper; he sent out a 5 s. and 3 d. for supper, Bulge kept that and brought nothing; I said never mind it, she will come by and by; I locked the doors, and we went to bed, he gave me what he and I agreed for; I gave it Bulge to keep for me, he fell asleep, and I was in a sort of a dose; she came and opened the door, and awaked me, (a little matter awakes me) in came a lusty sort of brewer's servant with her; they sat down by the fire-side; said Bulge, here is an acquaintance wants you at the public-house; said I, if they want me, I have engaged myself to this young man to night; she said it was an acquaintance of her's wanted me, get up and speak to him; I said, I was afraid the young man would be angry; she said he is asleep, and will not miss you; I got up, and went to the public house, there was no body wanted me; when I came back the house was shut; I knocked at the door, she said I cannot let you in just now; she said I should not live with her any longer; I peeped through the key-hole, and saw the brewer's servant have the young man's shoes in his hand, and she had his breeches in her hand, they were talking together; the next morning I asked her for the 3 s. the man gave me for going to bed with him; she would not give it me; I said I saw through the key-hole what you did, and I will let people know of it; said she, you dirty hussey, and threatened me, and said, you watch me. I'll hang an hundred such as you for my breakfast in a morning; the night before that there was a man that had fifty guineas in his pocket, I would not go to bed with him; she said, go to bed, I will take care you shall not come to any damage.

Smith's defence.

I think it is very hard a common prostitute should take a man's life away, I had not been in London above a week.

Both Acquitted .

333. (M.) Margaret Crow , otherwise Farrel , spinster , was indicted for stealing a cloth coat, value 8 s. a pair of leather breeches, value 8 s. and a stuff petticoat, value 8 s. the property of Martin Newland , March 24 . ++

Anne Newland . I am wife to Martin Newland , we live in Graston-street ; I missed the things laid in the indictment about the 24th of last March; the prisoner was my servant , about twelve weeks before last Christmas she left me, I never laid my eyes in her since, till she was taken by the pawnbroker the day before yesterday.

John Gay . I am a pawnbroker. On the 25th of March the prisoner pledged this petticoat with me, (produced and deposed to.)

Edward Rice . I am turned of fifteen years, I am apprentice to Mr. Benbrick, a pawnbroker; the prisoner pledged this coat and pair of breeches with my master on the 24th of March, I was by at the time, (produced and deposed to.)

Martin Newland . I am a milkman, these goods are my property.

Prisoner's defence.

The young one, Jack Farrel , gave me these goods to pawn; he stood at the doors, and I went in and pawned them.

Guilty . T .

334. (M.) J - F - was indicted for stealing a gold ring, set with a moco stone and sixteen other stones, value 10 s. the property of Michael Sasfield , April 5 . ++

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

Michael Sasfield . I am a waiter , I now sell tobacco , and wait at public-houses. On the 9th of May was three years, when I was waiter at the bagnio in Long-acre , and the prisoner kept it. I missed it off my finger in the bar-room, and I missed my watch out of my fob at the same time; I happened to fall asleep as I sat up to let people in that should knock at the door, the porter was gone to bed; when I awaked, the watch and ring were both gone; there was not one man lay in the house that night, my master and mistress lay in a little room by the side of me; I asked them about it in the morning, and said I would advertise it; my master desired me not to advertise it, saying it would hurt his house, for if the waiters were robbed, other people might expect the same; he said he would make me satisfaction for them both; about a month or five weeks after I was paid off for neglect of business. On the 4th or 5th of this month, the prisoner came in at the Blakeney's Head in Bow-street, and enquired for me; he asked me if I knew where poor Gold was; (that is a waiter that had lived with him) I said I believed I saw him somewhere the night before; he said he heard he was poor, he designed to give him a note of hand that he had of his; said I, when you look over your lumber, if you can get my watch and ring, I should be obliged to you; he began to mock me, saying, I did not speak proper; I said, I believe I cannot speak in a better time than now, for that is my ring you have upon your finger; he told me I was a scoundrel; I believe I called him the same; he said, you scoundrel, take it, but if you do, I'll transport you; he laid it down; I said, before I touch it there wants three stones; when I took it, I said I would swear to it through all England, (produced and deposed to.) He sent for a waiter named Brown, who came; the prisoner wanted to breed a quarrel in the house; the prisoner said to him, lick this fellow, I'll stand by you if it costs an hundred pounds; then he went to Sir John Fielding , and swore I spit in his face; then I went and indicted him at Hick's-hall; he indicted me for an assault, but the bill was thrown out.

Michael Hudson , William Fitzgerald , and James Lee , deposed they were at the Blakeney's Head at the time, and that the prosecutor described the ring before he took it in his hand.

Prisoner's defence.

This ring was left me about three years ago for a reckoning of about 16 s.

He called Joseph Brown , Edward Milbourn , Mrs. Milbourn, John Brown, and Gilbert Hulbert , who gave him the character of a very honest man.

Acq.

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

Received sentence of Death, 5.

James Samson , Joseph Webb , John Smith , John Sheridan , and Margaret Watts ; she pleaded her belly, and a jury of matrons were empannelled, and brought in their verdict, With quick child.

Transportation for 7 years, 47.

John Haywood , John Elrey , Thomas Kelly , Matthew Beck , Edward Thomas , Thomas Bell , Rachael Berkliss , Stephen Field , Benjamin Evans , John Martin, Thomas Draper, Mary Rock , David Williamson , Richard Cave , Gibson Bignall, Elizabeth Gibson , James Udith , William Fisher , Elizabeth Brown , Thomas Berry , Francis Lotan , Jeremiah Pump , Green Jemmit, Sarah Greggs , Thomas Brooks , Lewis Gwillim , Mary Tipple , Elizabeth Slavin , William Steele , Mary Doyle , Elizabeth Bridgeford , George Ambler , William Trippit , Thomas Rainsfrow , Patrick Doyle , Joseph Wade , John Hughes , otherwise Lewis, William Enoch , Elizabeth Mason , otherwise Nicholls, James Currin , Charlotte Smith , John Ash , Margaret Crow , otherwise Farrel, Mary Lacore , Mary Ellis , Elizabeth Howard , and Benjamin Willis .

Branded, 1.

Elizabeth Mould .

Whipped, 4.

William Booth , Michael Bready , John Smith , otherwise Wright, and John Clay .