Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 25 October 2014), December 1768 (17681207).

Old Bailey Proceedings, 7th December 1768.

THE WHOLE PROCEEDINGS ON THE King's Commission of the Peace, Oyer and Terminer, and Gaol-Delivery FOR THE CITY of LONDON; And also the Gaol-Delivery for the County of MIDDLESEX; HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 7th, Thursday the 8th, Friday the 9th, and Saturday the 10th of DECEMBER, 1768.

In the Ninth Year of His MAJESTY's Reign. Being the First SESSION in the MAYORALTY of The Right Honourable Samuel Turner , Esq; LORD-MAYOR of the CITY of LONDON.

NUMBER I. PART I.

LONDON:

Sold by S. Bladon, at No. 28, in Pater-noster-Row.

THE PROCEEDINGS ON THE

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

BEFORE the Right Honourable SAMUEL TURNER , Esquire, Lord Mayor of the City of London; Sir Richard Adams , Knt. * one of the Barons of his Majesty's Court of Exchequer; James Eyre , Esquire, Recordder ++; and other his Majesty's Justices of Oyer and Terminer, of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

N. B. The * and ++ refer to the Judges before whom the Prisoners were tried. L. London, M. Middlesex Jury.

London Jury.

William Gates ,

Francis Crump ,

Joshua Steward ,

Thomas Hyde ,

James Harris ,

Thomas Lidiard ,

Butler Clowes ,

Thomas Wilson ,

Robert Exham ,

William Ratcliffe ,

John Taylor ,

William Woollett ,

Middlesex Jury.

William White ,

Christopher Kempster ,

Thomas Millward ,

Michael Duffield ,

Packer Oliver ,

Thomas Ward ,

Mark Toole ,

John Jewett ,

Philip Gerckin ,

John Hutchinson ,

William Long ,

William Thornhill .

1, 2. (M.) Benjamin Burton and Francis Fitzpatrick were indicted for breaking and entering the dwelling-house of William Morley , on the 23d of October , about the hour of eleven in the night, and stealing two brass candlesticks, value 1 s. a looking glass, value 1 s. a brass cover, value 6 d. a brass ladle, value 6 d. two linen towels, value 6 d. four pounds weight of beef, value 6 d. and half a quartern loaf of wheaten bread, value 2 d. the property of the said William Morley, in his dwelling-house . ++

William Morley . I live in Little Ormond-yard, by Ormond-street . My wife and I went out to dinner, on the 23d of October, after fastening the windows and door; we returned about half an hour past ten at night; then we found Henry Kelsey had got the two prisoners. We found the door lock'd and all fast as we left it.

Henry Kelsey . I lodge in the prosecutor's house; I had been out, and came home about a quarter before ten that night; I found the door fast; I walked up and down Ormond-street; I met these two men about the middle of the street; I walked as far as Queen-square, and returned back; when I came into the yard, I saw one of the prisoners standing at the prosecutor's door; I call'd George, thinking it had been my bed-fellow. Then I walked on towards the door; when I came within ten yards, I call'd George again, then the man came from the door, and the other out of the house: they had each things under their arms. I past by them, and took no notice of them, and let them pass me, there being nobody in the yard to help me. They went towards the Foundling-hospital, I went and saw the door open, I shut it, and went after the prisoners: I watched them down as far as the Hospital; I could not see any body to assist me there. I came back, thinking they would come again, as they had left the door open; I got behind a piece of wood, and saw them come and cross over and down the yard; then I went and got assistance; I met them coming out of the yard, I told the watchmen they were the men; they had been at the house and found the door fast, and were coming back.

Q. How did they get in the first time?

Kelsey. That I do not know. I am sure these prisoners are the men; I had fight of them three times; they were searched, and four keys found upon one of them, I cannot say which: I tried them with the lock, but neither of them would open it: After that we went to look for the goods, and found them tied up in a table-cloth, hanging on a tree in the Foundling-field. (The goods laid in the indictment produced.)

Prosecutor. These are my property, they were all in the house when we went out; there was no violence used to the door, the lock would lock and unlock as usual.

William Taylor . I was coming along Golden-Square that night, betwixt eleven and twelve; I saw one of the prisoners, he looked very earnestly at me I went into a house and called for a pint of beer; before it came, a person came and call'd for a watchman, saying, two men had been breaking into Mr. Morley's house; I and others went, and saw the two prisoners come out of Ormond yard. Kelsey said, they are the two men. We laid hold of them, and took them into the Sun alehouse, sent for a constable, and charged him with them. Then we went down into the field, and found the things hanging upon a tree.

Samuel Lowrey , and - Bradshaw, deposed they were at the searing the prisoners.

Mr. Charles Clay . I had charge given me of the prisoners; after which I ordered the men to go in search for the goods; they went, and brought them back in two parcels. When the keys were found upon one of them, they gave an account they were trusted with them by one Mr. Baker, a builder at Hadley, near Barnet; I went to him, and upon asking him, he said he knew nothing of them.

Burton's Defence.

I was after some money which my master owed me, and I owed this man (meaning his fellow prisoner); not finding, my master at the Blue Lion, Gray's-inn-lane, I went to go the nearest way home by the Foundling hospital, Fitzpatrick staid at the gate-way to make water, and I stood against the rails to wait for him: just as he had done, there came these people and laid hold of us, and charged us with taking some things. I never was down below the gate-way, in Ormond-yard, in my life.

Fitzpatrick's Defence.

He owed me some money, and I was in want, and went along with him for it. I live by Tichfield-street. Burton is a bricklayer, and I am his labourer.

Both guilty of stealing the goods only . T .

3, 4. (M.) Mary Berrisfort and Mary Ann , wife of Thomas Flint were indicted for stealing a callimanco petticoat, value 10 s. a cotton gown, value 10 s. a stone ring set in silver, value 12 d. a linen cap, value 11 d. a brass lamp, value 12 s. a linen gown, value 10 s. a linen apron, value 18 d. two linen caps, edg'd with lace, value 5 s. a silk handkerchief, and a linen handkerchief, the property of Myer Levi , in the dwelling-house of the said Myer , October 18 . *

Mary Levi . My husband's name is Myer Levi, we live in Bull-court, Petticoat-lane . I went to Horn-fair, at Charlton, on the 18th of Oct. and lock'd my room door, about nine in the forenoon: the two prisoners are my lodgers in a garret; I have two rooms in the same house: when I came home, about eight at night, I miss every thing I had, ( mentioning the things laid in the indictment) which I had left safe in my room. Berrisfort was gone away, Flint was in the house. I told her I had been robbed. She said she was very sorry, and told me Berrisfort had done it, and had pawned the things.

Q. Where was your husband?

Mary Levi . I do not live with him. I went about to the pawnbrokers: I found the linen gown and petticoat at Mr. Pembridge's, in St. Gyles's, and cap and ring at Mr. Marsden's, in Petticoat-lane, and the lamp at Mr. Howard's, at the Catherine-Wheel, Hounsditch. I took Berresford up; she owned she had taken them, in company with Flint.

Q. Did Flint own to any thing?

Mary Levi . She said, she pawned the petticoat. (The pawnbrokers produced the several things, which the prosecutrix deposed to. Marsdon deposed the things pledged with him were in the name of Mary Ann Flint , and be believed, she herself brought them.)

Berrisfort's Defence.

I was going down stairs, and found the gown and petticoat on the stairs, and the room door open.

Flint's Defence.

I know nothing of the things.

Both guilty of stealing to the amount of 25 s. Only T .

5. (M.) Thomas Daws was indicted for stealing a cloath great coat, value 20 s. a fustian frock, value 10 s. a pair of leather breeches, value 8 s. a pair of worsted stockings, value 6 d. a neckcloth, value 2 d. and a tobacco box, value 6 d. the property of John Tapping , privately in the stable of James Garret , October 24 . *

John Tapping . I am coachman to Mr. James Garret at Isleworth , who keeps hackney coaches; on the 22d of October, in the evening, I came home, and hung my great coat up in the stable; I mist it about six o'clock on the Sunday morning; then I searched my box, I found it broke open, and mist the other things. The prisoner was a servant out of place, and had used to be at times in the yard. I suspected him.

Q. Had you locked the stable door?

Tapping. No, I had not. I was at Hownslow on the Monday morning; I saw the prisoner in the basket behind the Bath coach, going for Bath. I called to the coachman to stop; he did. I got from my coachbox, and got him from the basket; he had my great coat on, and the rest of the things, laid in the indictment, were found in the basket. (Produced and deposed to.) I took him before the Justice, he acknowledged he took them, and offered me all the money he had if I would let him go.

The prisoner said nothing in his defence, but called for Blackbourn, a victualler at Twittenham, who said the prisoner had served him about eleven or thirteen months, as a coachman, and behaved well in that time.

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

6, 7. (M.) John Twyner and Peter Bird were indicted; the first, for stealing a Pinchbeck mettle watch, value 20 s. a Pinchbeck mettle chain, and two watch keys , the property of Thomas Cook ; and the other for receiving the same, well knowing the same to have been stolen , November 21 . *

Thomas Cook . I live in Holland-street, St. Ann's, Soho . On Monday night was a fortnight, my wife told me somebody had got in at my parlour window, and stole my watch (a Pinchbeck watch and chain) from off the chimney-piece, where it usually lay. I made no enquiry about it, but gave it over for lost; but last Thursday, in the afternoon, Hawthorn the constable brought Adam Cliff to me, he acknowledged he had stole it, in company with the prisoner Twyner; the next day Hawthorn brought the watch to me; on the Friday, Cliff, Twyner and Bird, were all before Justice Welch. There Cliff charged Twyner with having got in at my window, and stealing my watch, and carrying it to Bird, who gave him a guinea upon it, and said they should have a guinea more, when he had sold it. Bird at that time acknowledged they did come to him with the watch, and said, they told him they found it at Chelsea; and he did lend them a guinea upon it; this was all in my hearing.

William Hawthorn . Cliff told me, that Twyner had taken the watch, as the prosecutor has mentioned, and sold it to Bird. I went with a search-warrant to Bird's, and asked him after it; he acknowledged he had a watch left there for a guinea, he sent his maid up stairs for it; she brought it down. I told him I had a warrant to bring him before the Justice; he made some excuse, and said, he would not go then, but would soon follow me. I left him, he came accordingly. I found Twyner at Bird's house. He acknowledged he got in at the prosecutor's window, and took the watch out of the parlour.

Adam Cliff . One evening, I cannot tell the day, between five and six, we went and pulled up the sash of the window of the prosecutor's house. Twyner pulled his cloaths off, and got over the rails, and went in at the window, and took the watch; then we went to the Running Horse in St. Gyles's, where Twyner's brother lives: then he, his brother and I went all together to Bird's house; we got there by about seven; we gave Twyner's brother the watch, for him to tell Bird; we got it out of a window at Chelsea.

Q. What was your reason for that?

Cliff. Because, Bird would not have meddled with it, had he not thought it came from some distance off. Bird desired to look at it. He took us into a back room, and said he had not a great deal of money in the house; but he would lend him a guinea till it could be sold; then he would give him the remainder of the money. Then I was very ill, and staid there four nights.

Twyner's Defence.

I never saw the watch.

Bird's Defence.

Cliff the prisoner, and his brother, came to my house, and called for liquor; then this watch was produced. Cliff said, he had no money to pay, unless he had some upon the watch. I did lend them some money upon it, taking them to be honest people.

Bird called Samuel Norton , Peter King , John Cook , John Barnes , Richard Thomas , Richard Whitehead, - Saunders, - Collins, Benjamin Tyson, and John Wilson , who said, he kept the Mother-Red-Cap alehouse, between London and Hampstead, and gave him a very good character.

Twyner Guilty . T .

Bird Acquitted .

8. (M.) Susannah Burton , spinster , was indicted, (together with Hannah Roberts , otherwise Robinson, not taken,) for stealing a guinea , the property of Samuel Wane , November 21 . *

Samuel Wane . I am a carpenter , and live in Long-lane, Southwark. Last Friday fortnight I had some acquaintance came to see me, they were going to Hownslow; I was going as far as Hyde-Park corner with them. We had been at the Sugar Loaf in King-street, Drury-lane; I was something in liquor; I went out of the Sugar Loaf to find the vault; there was a girl in the entry asked me to give her something to drink; I refused her. I went into Parker's-lane , she called me to a door, she pushed me by force into the prisoner's house; she was sitting by the fire, they shut the door upon me, and threw me on the bed and took my money out of my waistcoat pocket; a guinea, and half a guinea, and some silver. I got the half guinea and 18 d. again. I struggled with them for about five minutes; after I got the door open I went away directly to the public house, and my friends were gone.

Q. How long had you been absent from them?

Wane. Not a quarter of an hour. I went to Justice Fielding, and had a constable, and we took the prisoner up.

Q. How came you to put your money in your waistcoat pocket?

Wane. I generally do when I have been drinking, because sometimes the others have none, and they may want to borrow; then I show them I have none.

Prisoner's Defence.

I was sitting by my own fire, the other woman asked him if he would give her any thing to drink; he went out and fetched some liquor: he was gone near half an hour. She went away, then he came in again and said he was robbed, and that I was one of the women.

Acquitted .

9. (M.) William Harris was indicted for stealing four silver tea spoons, value 1 s. the property of William Windam , Esq ; and one other silver tea spoon , the property of Hannah Jones , spinster , November 14 . *

John Cook . I am twenty one years of age. I was apprentice to a fishmonger in St. James's Market. The prisoner and I were together in Charles-street, Berkeley-square, about five weeks ago; he was a gentlemans servant ; going along Chesterfield-street , we saw the area door open at Mr. Windam's, the prisoner went down, and in about five minutes he brought up five silver tea spoons. We sold them to Mrs. Manning, an old cloaths woman in St. Gyles's, she keeps a house there, for 4 s. and 6 d. between eleven and twelve o'clock. I believe, four of them were marked alike, she knew how we got them; because we had been with her before.

Q. How long had you left your master?

Cook. I had left him two years, and had been in connection with the prisoner about two months.

Q. Where does Mrs. Manning live?

Cook. She lives near the Green Man, on the back of the alms-houses, in St. Giles's.

William Windam , Esq; My spoons had my crest upon them.

Prisoner's Defence.

I did take the spoons, there were four of them sold to Mrs. Manning, and one Cook kept.

Guilty . T .

There was another indictment against him.

10, 11. (L.) Edward Thomas and Edward Thorman were indicted for stealing twenty-six linen shirts, value 10 l. four linen shifts, three linen neckcloths, eight linen stocks, two cotton caps, ten napkins, four table cloths, three shirts, three aprons, one pair of thread stockings, and one linen petticoat , the property of Mary Delap , widow , October 28 . *

Mary Delap . I live in Gloucester-Court, No. 3, Black-fryars . I am a washer woman : the things laid in the indictment, were taken out of three baskets in my shed, ( mentioning them by name) on the 28th of October, between the hours of twelve at night, and half an hour after five in the morning. I had been there after the clock struck twelve. I knowing nobody could get them but they must go through the next house, I ran there; I asked if the woman's husband was at home, she said he was in bed. I told her, her doors were both open, and that I was robbed. I suspected the prisoners, knowing they lived abandoned lives. Thorman lived with his father at the next house; and the other lived upon Puddle-Dock Dunghill. I did not see them all the next day. I took them both up on the Saturday morning. I charged Thorman with taking the things, he denied it, then I took up Thomas. I took them to the Mansion-House; Thomas would own to nothing. I found the things in the house where Edward Thomas 's mother lives, crammed up a chimney in an empty garret, on the 29th, about one o'clock. There were a great many things wanting. I only have laid the things which I found again, in the indictment. (Produced in court and deposed to.)

Charles Walker . I am a constable, I went with the search-warrant to Puddle-Dock, Black-fryars; where Thomas's mother lodges; and found these things up in a chimney in the garret. I understood one of the prisoners had confessed where the things were; and before my lord mayor, I heard Thorman say, it was by his direction that the things were found. Thomas said, he would suffer before he would confess any thing.

James Ford . I went by my Lord's order with the Marshal's Man, to Mr. Walker, I heard Thorman confess in Wood-street Counter; where the things were, and described the house upon Puddle-Dock Dunghill; he said the prisoner Thomas was in the yard, and handed them over to him. Thomas was in the Poultry Counter. I never heard him say any thing about the things.

Thomas Morgan . I live in Gloucester Court, Blackfryars. I was coming home that night from my club, I met the two prisoners in Church Entry, just by where I live, close to the prosecutrix; I said to Thorman, is it not time for you to be at home in bed; he said yes. They both came with me to the door where I live. I desired Thorman to come up stairs with me: he said he would come presently. I left them both at the door, he lies in the same room I do; he did not come up.

Thomas's Defence.

I am as innocent as the child unborn: there are other people lie in that house, where the things were found; they were as likely to take them as any body.

Thorman's Defence.

I know nothing of the things.

Thomas called George Chesham, a lighterman with whom he worked, and Rebecca Hawkins , who gave him a good character.

Thorman called Mary Castleton, George Parker, and John Roberts , who gave him the same character.

Thomas, Acquitted .

Thorman, Guilty . T .

12. (M.) Luke Leach was indicted for breaking, and entering the dwelling-house, of the Right Hon. Richard Earl Grosvenor , on the 28th of October , about the hour of two in the night, with intent to steal the goods of the said Earl Grosvenor . *

The prisoner was taken in the scullery, part of which was open at the top; he got down an eight foot wall, but broke no part of the dwelling-house.

Acquitted .

13. (L.) John Andrew Martin was indicted for breaking and entering the dwelling-house of Valentine Knight , on the 17th of Oct. about the hour of two in the night, and stealing seven pair of snam-garnet gold buttons, value 6 l. 6 s. six pair of garnet ear-rings, set in gold, value 3 l. one other pair ditto, value 8 s. one pair of Moco buttons, set in gold, value 1 l. 15 s. two pair of ditto, value 2 l. two pair of clutter ditto, with garnets, value 3 l. one pair of crystal ditto, value 18 s. two pair of small ditto, value 1 l. 8 s. one three stone topaz gold ring, with a diamond, value 1 l. 14 s. one ditto amethyst with diamonds, value 1 l. 13 s. one ditto, value 1 l. 3 s. one ditto, value 1 l. 4 s. one ditto, garnet with diamonds, value 1 l. 5 s. one ditto, value 1 l. 3 s. one stone ditto with garnets and diamonds; value 6 l. one single garnet stone ditto, value 1 l. one single crystal stone ditto, value 17 s. one sapphire ditto, value 1 l. one Moco ditto, value 18 s. four Moco ditto, set round with garnets, value 4 l. 4 s. one cluster garnet with hair in it, value 1 l. 3 s. one case for rings, value 2 s. one pair of three drop cluster garnet ear-rings, set in gold, value 8 l. a pair of single drop ear-rings, with knots in silver, value 1 l. 1 s. six pair of fancy ear-rings, and cases in silver, value 5 l. a girdle buckle in silver, value 10 s. a pair of crystal buckles, set in silver, value 15 s. a pair of topazes ditto, set in silver, value 2 l. 12 s. 6 d. a pair of children's stone buckles, in silver, value 10 s. a pair of knee stone ditto, in silver, value 8 s. a stone shoe buckle, in silver, value 12 s. one child's silver buckle, value 2 s. a pair of garnet shoe buckles, in silver, gilt, value 2 l. a pair of crystal ditto, in silver, value 18 s. a pair of cluster garnet buttons, in gold, value 1 l. 15 s. six pair of buttons and wires; three silver and twelve gold ear-rings, value 1 l. 1 s. thirteen stone buttons, set in silver, value 18 s. 6 d. one pair of cluster studs, value 2 s. three gold diamond rings, value 6 l. one ditto false stone, value 5 s. three pair of stone buttons, set in silver, value 1 l. 2 s. one pair of garnet buttons, set in gold, value 18 s. one pair of cluster Moco, set in gold, value 1 l. 10 s. one pair of crystal ear-rings, set in silver, value 6 s. one pair of cluster paste, set in silver, value 7 s. one heart trinket, set in gold, value 7 s. one gold seal, value 1 l. 3 s. one pair of stone knee buckles, set in silver, value 8 s. a purple paste hoop-ring, set in gold, value 12 s: two paste crosses in silver, value 12 s. one pair of large garnet buttons, set in gold, value 3 l. four pair of Moco ditto, set in gold, value 4 l. four pair of garnet ditto, set in gold, value 4 l. three pair of Moco studs, set in gold, value 2 l. 5 s. one pair of garnet ditto, set in gold, 1 l. six pair of single drop ear-rings, set in gold, value 3 l. 12 s. two pair of three drop ear-rings, set in ditto, value 3 l. 3 s. five pair of garnet and topazes, set in ditto, value 1 l. 17 s. 6 d. one pair of night ear-rings, value 11 s. thirty hoop rings in gold, some paste, some garnets, value 14 l. 16 s. 6 d. five gold seals, value 8 l. 8 s. four diamond rings, value 8 l. 8 s. about thirty rings, value 12 l. 13 s. nine garnet buckles, set in gold, value 5 l. about fourteen gold lockets, some sapphires, some garnets, value 2 l. 10 s. two pair of sham garnet buckles, set in gold, value 1 l. 16 s. five stock buckles, value 2 l. 10 s. five shirt buckles, set in silver, 2 l. 5 s. about three pair of fancy ear-rings, value 2 l. 12 s. 6 d. about twenty-four pair of stone shoe buckles, value 19 l. 4 s. about twenty-eight stone knee buckles, value 11 l. 10 s. a large garnet unset, value 3 l. a mettle watch-case, value 12 s. about six pair of gold wires, and one gold ring, value 1 l. 1 s. one cluster locket, value 1 l. about twelve pair of silver shoe buckles, value 7 l. two heart trinkers, value 14 s. one garnet cross, set in silver, value 4 s. twelve large waistcoat buttons, silver, value 12 s. four breast buckles, value 1 l. 8 s. three girdle buckles, value 1 l. 4 s. one solitair, value 1 l. 4 s. one king William and queen Mary's half-crown; one pocket piece, larger; and sundry pieces of small money, in a chip box, value 10 s. 6 d. the property of the said Valentine, in the dwelling-house of the said Valentine . ++

Mary Knight . I am wife to Valentine Knight, we live in Noble-street, Foster-lane , he is a jeweller . On the 18th of October last, I was alarmed about three in the morning; our bell rang, we lissened to know what was the meaning; I heard a person run up stairs. Mr. Reynoldson, that lodges in our house, call'd, and said, he believed there were thieves in the house; he came down into my chamber and took the keys, and went down stairs. I followed him immediately after; my husband was ill in bed; and is so ill now he cannot attend the Court. When I came into the parlour, I found the flap of the cellar window was torn up, and a padlock torn from the cellar door, that opens into the street upon the cellar stairs; the door shuts on the flap, and was padlock'd on the inside. There is a window seat like in the parlour, which was a head-way front, the top of that was wrench'd off, and the top of it lay upon the ground; by that means a passage was opened into the parlour, close to the bureau where our goods were locked up: I locked them up myself, about eleven o'clock over night; I am always the last up, and know the cellar door and flap were safe at that time. The bureau is a bureau and book-case, but instead of books there are twenty-four drawers that hold our work: there is an iron bar that goes cross and fastens the two doors, and is padlocked. The padlock I found torn to pieces, and the bar torn off; the shutter taken down, and the flap of the bureau had the lock torn off, the keys were in there; by which they unlocked the top where the other drawers were; there was a lock to the top besides the bar; the middle drawer the lock was broke off. There were three locks of the buffet broke also, and a case of tea-spoons moved out and put into a chair; but we believe, by the alarm of the bell, the thief made off. The next day I observed there were some drops of wax in the bureau: the goods mentioned in the indictment were taken away; some we have found again, but not all, nor near all. I immediately had warnings dispersed about, from Goldsmiths hall, and went to Sir John Fielding ; he could give me no information about them. I heard nothing of them till Mr. Wintle came to me, on the 21st of November, and told me, he believed he had some of my goods, he shewed them to us, and we owned them; he said, they were offered to him to sell, by one Mr. Davis in the Minories; Mr. Davis's son came with him: we asked him how he came by them: the son said, a gentleman, that his father knew very well, that his father had them of; and he was to call on his father about three o'clock; he had left them to see whether he liked them: Mr. Wintle, seeing Mr. Knight's seal, thought proper to stop them. There were fifteen pair of gold buttons, and seven pair of garnet ear-rings. Mr. Wintle and Mr. Peirce, a friend of ours, that happened to be at our house, went to see if they could light of the man that brought them to Mr. Davis's and between three and four o'clock, the same day, I was sent for to Sir John Fielding 's; there I saw the prisoner, and a case of rings that was taken from him; they were all our property, except one ring: there were seventeen in all. Sir John granted a search-warrant. I went with three of his people; and a gentleman that lives behind the Change, that had been robbed, to search the prisoner's house, No. 5, in Swan-street, in the Minories: we found the prisoner's wife and her sister, and a nurse; at going in the nurse took down a watch that was hanging up, and clapped it into her pocket; one of Sir John's men insisted upon her pulling it out; and upon my examining it, I found a gold seal of mine hanging to it; we asked for the keys; we were answered, they had none. So Sir John's people broke the locks. In the bureau we found several of my rings, buckles, ear-rings, buttons, and several things of mine: some we found in a chest of drawers.

Q. How can you swear to the goods?

A. Knight. I have been in the business near twenty years, and my husband has been very ill for twelve months: I have attended the business more than he laterly: and there are marks upon many of the things of my making; by which I know how to sell them, We found great many things at the prisoner's house besides mine, an iron crow, two chisels, a dark lanthorn, some wax lights, and a particular gimblet. We found a great quantity of silks, plate, china, and other things belonging to other people; we brought all to Sir John Fielding 's. Then the prisoner was called in to be examined; he would make no other answer, but that he bought the things in the street, Sir John ordered him to Newgate; he returned back again, and wanted to be admitted an evidence; and said, he would make very great discoveries. Sir John said, he was an old offender, and would not admit him. (The padlock produced, broke.) Perhaps, when the iron tools come to be produced, very likely, the Court may judge who did the mischief.

Q. What goods of your own did you find at the prisoner's house?

A. Knight. There were a pair of knee buckles, which were taken out of his knees. The other things as follows, a pair of three drop cluster garnet ear-rings, in gold; a pair of single drop garnet ear-rings, in silver; six pair of fancy ear-rings and cases in silver; a silver girdle buckle; a pair of crystal buckles, in silver; a pair of topazes; a pair of children's stone buckles; a pair of knee buckles; a stone shoe buckle; a child's silver buckle; a pair of garnet shoe buckle in silver, gilt; a pair of crystal buckles; a pair of cluster garnet buttons, in gold; six pair of buttons and wires, three silver; twelve gold ear-rings; three stone buttons, in silver; a pair of cluster studs; three gold diamond rings; a gold ring with a false stone; three pair of stone buttons, in silver; a pair of garnet buttons, in gold; a pair of cluster Moco, in gold; a pair of crystal, ear-rings, in silver; a pair of cluster paste, in silver; a heart trinket, in gold; a purple paste hoop-ring, in gold; two paste crosses, in silver; and a small pocket piece. ( Produced in court.) I can swear to all these.

Cross Examination.

Q. How do you know it was the prisoner's lodging?

A. Knight. I inquired if that was Mr. Martin's lodging, his wife said it was.

Q. How do you know it was his wife?

A. Knight. She told me she was; and that her certificate was in Sir John Fielding's hands, among the papers that were brought there. We asked her if she had any more rooms than that, she said no. But afterwards she said there were more.

Q. What kind of marks were on the buckles?

A. Knight. The marks are scratched with a point of a file. (She takes up a buckle.) I have the fellow to this in my pocket. Please to examine this knee buckle; which is one I had out of the prisoner's breeches knee. You will find out felling mark, H. I. upon it. (The bench and jury examine and find it so.) Thus we mark all our goods that are large, so as to bear it; our papers are scratched in the same manner.

Martin Reynoldson . I lodge at Mr. Knight's. About half an hour after two, or a little after, that morning, I awaked, and thought I heard somebody was getting in backwards. About half an hour after three, thinking somebody was getting in backwards, I got up, opened my door, and rang the bell. No body coming, I went up and awakened one of Mr. Knight's apprentices. We both went down together, and opened the street door, and went into the street. There we found the cellar window open, upon which the apprentice put the flap of the window over it. We went in, and shut the door, and went down into the cellar, and from thence into the kitchen, and from thence into the parlour, where we found the seat of the window broke open. Mr. and Mrs. Knight heard us go down. She came down. We found the desk and book-case open, in the parlour; and the drawers open, and most of the things gone: upon which we went to the beaufet, and found that open. There were some little things lying in an easy-chair by it, ready to be taken away. I did not go to bed till near one o'clock that morning. I was in my own apartment; I was at home all the evening, and can answer to the street door being fast before I went up stairs.

Thomas Wintle . I keep a goldsmith's shop in the Poultry. These goods were sent to me by Samuel Davis , in the Minories: his son brought them on the 21st of last month, (producing fifteen pair of gold buttons, and seven pair of garnet ear-rings) to know what I would give for them. I employ Mr. Knight, and know them to be his work; and knowing his house had been broke open and robbed, I said you must go along with me. I took the things and the lad to Mr. Knight's, and shewed him the goods. He and she said they were their property: then I said I will take upon me to act the part for you, as you cannot go yourself. I went, and another gentleman with me to Mr. Davis's. I asked him who he had the goods off? He said they were a neighbour's of his, who had left them to know the value of them, and would call again for them. I said a workman of mine had had his house broke open, and I believed they were his. I staid till the prisoner came in. I was in possession of them when the prisoner came. Mr. Davis said, let me have these goods, the person is in the shop; he called and said, Mr. Martin, here is your things. The prisoner said, will they not suit you? He said no. Then Mr. Davis said, now I have done with you. Say what you please to him. Then I asked him, how he came by these goods. He said, what is that to you? I said it was to me: they were the property of one of my workmen. Then he said he bought them in the street. I asked him if he had any objection to going before Sir John Fielding ? He said, no. I desired the gentleman that went with me, to stay there till I got a constable. When I came with the constable, I asked him if I had not better have the prisoner searched? He said, yes. We found seventeen gold rings in a case in the prisoner's side-pocket. I believe them to be the property of Mr. Knight. I have bought goods of Mr. Knight many times out of (I verily believe) this case, (holding it in his hand) I found these goods tallied with the other goods. Then we took him before Sir John Fielding : Sir John was gone to dinner. I mentioned his lodgings being searched. We had a warrant granted. They went to his lodgings and found a large quantity of goods. I was left with the constable and prisoner. When they came back they brought two coaches full of things, of divers sorts. When the prisoner was taken before Sir John Fielding , Sir John knew him very well; and asked him how long he had been come back from transportation? Mr. Davis's son said the prisoner offered them his father for 9 l. they are worth 18 l. or 19 l.

Samuel Davis . I keep a silversmith's shop in the Minories: On Monday morning, the 21st of November, the prisoner came into my shop, and laid these goods on my counter, and said, Pray sir, will these goods do for you? (Producing seven pair of gold buttons, and fifteen pair of gold ear-rings.) I was very ill; and it was a rainy dark morning: I said, indeed I cannot see them, whether they are garnets or not. Pray what do you ask for them? Said he, I must have nine guineas for them. I said, Sir, they will not do for me, for I am so ill I cannot look at them. He said, well, what time shall you be back from 'Change? I will leave them, and call again for either the money or my goods, by two, or a quarter after. He left me. I wanted to go to 'Change, but being ill, I went no farther than Mr. Levi's Coffee-house. I had not been there long before Mr. Wintle came to me. My son had taken the goods, and carried them to Mr. Wintle. Mr. Wintle, and another man, and my son, came to me. Mr. Wintle called me out, and said, here are some goods which your son brought me to sell, which belong to a workman of mine, whose house has been broke open; and I hope you will give me an account how you came by them. I said, sir, do not be uneasy about them, I have not bought them; but the gentleman left them, and is to be at my house by two or a quarter after, for either the money or the goods. He said, do you know the gentleman? Said I, yes, sir; I see him every day, at the Bank Coffee-house. Said he, I am afraid he will not come for the goods. Said I, I will warrant you, the man will come. Mr. Wintle had the goods in his pocket at the time. I said, do you and the other gentleman come to my house, and make no noise, but sit in my parlour, and you will see the gentleman come according to his time. We went to my house, and in about half an hour after two o'clock, the prisoner came. Then I said to Mr. Wintle, please to give me the goods. I took and opened them upon the counter, and said, here sir, is your goods, they do not suit me. The prisoner said, pray, sir, why do not they suit you? I said, because here is a gentleman that says they are not honestly come by. (The goods, with the gold rings in the case, produced in Court.)

Mrs. Knight. (Takes out a card which had earrings on it.) Here is my hand-writing on this. The card was brought to me by Mr. Wintle, as it is now, torn. Here are the letters H. L. upon the ear-rings, and H. B. on a small one: They are my property. (The bench and jury inspect it, and find it as she had said.)

Davis. The rings were delivered to me by Sir John Fielding , for me to produce here.

Mrs. Knight. These rings and the case are my property.

Cross Examination.

Q. How came your son to carry these things to Mr. Wintle?

Davis. My son does many things without my order. If he could have got any advantage by them, he would have sold them, and have given the prisoner his nine guineas.

William Peirce . I was at Mr. Knight's the 21st of November, Mr. Wintle came in with these goods now produced; he asked Mr. and Mrs. Knight, if they were their property: they both said they were. Mr. Wintle said he would do the same for Mr. Knight, as he would for himself. Mr. Knight being very ill, he went away with Mr. Davis's son; he returned again in a few minutes, and said, it would be proper to have more assistance. Mr. Knight desired me to go. I went with them to Mr. Davis's; we waited there till the prisoner came. We got a constable: on his being desired to search him, I saw that case of rings taken out of his pocket in his bosom. Then I went and fetched Mrs. Knight, and we proceeded to Sir John Fielding 's.

Nicholas Bond . On the 21st of November, the prisoner was brought to Sir John Fielding 's. These things were produced, and a warrant granted to search. Sir John desired me to go with others. We went to No. 5, in Swan-Alley, or, Street, in the Minories. I found several things which Mrs. Knight owned, particularly a seal that was to a watch, and several gold things in papers. In an under-drawer, in a double chest of drawers, I found an iron crow, two-ripping chisels, a piece of wax candle, and a dark lanthorn. (Produced in court.) The Chisels seemed to have been much used against nails, &c. the crow, about two feet long, two, claws at the great end, and the other drawn off tapering round to a sharp point. I found under the fall of the Desk, thirty-six pieces of silk, and several other things.

Cross Examination.

Q. How do you know that was the prisoner's lodging?

Bond. I asked for Mr. Martin's; the woman said her name was Mrs. Martin.

Robert Jubb . On Monday the 21st of November, Mr. Wintle came for me (I am an officer) I went and took the prisoner in custody, in Mr. Davis's house, in the Minories: a coach was called, and he was put into it, and carried before Sir John Fielding . He had like to have made his escape from me, by pulling at the blind of the coach; he had cased the door so that he turned the latch, and the door opened. I found this case of rings in his breast pocket, and a pocket-piece, before the coach was called for. (The pocket-piece produced in court)

Mrs. Knight. I believe I have had this pocket-piece three or four years.

Jubb. When the prisoner was making an attempt to get out of the coach, I laid hold of him, and took this gold-headed cane from him. (Produced.)

Mrs. Knight. That is not mine, another prosecutor has sworn to that.

Edward Webb . I am a coachman, I was with my coach at Cheapside-Conduit there came three men and a woman, and got into my coach the prisoner was one of them.

Q. When was this?

Webb. This was about ten weeks ago. I set them down at the end of the Minories, at the end of Swan-Street, betwixt one and two o'clock in the morning. A gentleman said, Mr. Martin, a good night to you. There were several things in the coach; one in particular was this iron crow; (taking the crow in his hand.) I am certain it was this crow. There was also something that rattled; whether it was brass or silver, I know not. There were two men came with them in to the coach, but they parted with them in Cheapside. I carried the prisoner five times within a fortnight. I carried him twice from Blackwall: I cannot be sure he was one of them in the coach, the first time; but I carried such things as these (meaning the crow and chisels) and three men, to No. 5, in Swan-Street, in the Minories: I know he was one of them the second time. I delivered the crow to a woman at No. 5. They had bundles with them.

Q. Where do you live?

Webb. I live at Stepney.

Q. How came you in Cheapside at that time of the night?

Webb. I was going home, and somebody called Coach!

Cross Examination.

Q. Did you not suspect them?

Webb. I suspected them; and said I suspected they had got run goods; and I was afraid of losing my coach and horses.

Prisoner's Defence.

I am a foreigner: I met two or three friends; they told me they were going to Dunkirk; they said they would give me a premium, and leave some things in my hands if I would advance them a sum of money. All these goods, and what were found at my lodgings, were deposited in my hands for a sum of money that I lent them. I am innocent of the affair.

For the Prisoner.

Grace Mather . I was five weeks at the prisoner's house; I was there the very day that this unhappy affair happened; one night there was a supper, directed by his order; some people came to supper; I never saw them afterwards nor before. They were foreigners, by their language; they talked in their own language, I did not understand what they said; I took them to be Swedes (his countrymen.) I know nothing of any things they had with them: I was in the house when the people came with the search-warrant.

Q. Do you recollect your taking the watch down which hung up, and putting it in your pocket?

G. Mather. I did not put it in my pocket, I took it for fear it should be broke; the gentleman said, where is it? I said, here it is, and said, there it is, on the shelf. I was thinking of the flusteration people are in. I had heard them say the glass had been broke twice before, made me take it and put it on the mantle-piece.

Guilty . Death .

There were fourteen other indictments against him for burglaries.

See him tried twice before No. 238, in the last mayoralty, and No. 127, in Sir Robert Kite 's.

14. (M.) John Wiltshire was indicted for stealing sixty-seven pair of leather shoes, value 8 l. the property of Job Heath , Nov. 5 . ++

Job Heath . I am a shoemaker , and live in White-Cross-Street. On the 6th of November, Mr. Robinson came to me, and asked me if I had not lost some shoes, saying, a man was stopt with some, and by the manner of his selling them, there was reason to suspect he had stole them, and that he had stopt him, and shewed the shoes to a master shoemaker, who said they were mine; he brought some with him. I know them to be mine. I had sent sixty-seven pair on the Thursday before to Mr. Houch's Waggon, to go to Mr. John Turner of Naynand, in Suffolk; I went and saw the shoes, there were ten pair deficient. I went immediately to Mr. Houch's, book-keeper, to know if my man had delivered them, there I found he had, and they were booked. On the Monday morning, the prisoner, who had been offering some to sale, was brought before the Justice; it appeared that he was the man that drove the cart out of the inn yard.

Andrew Rolinson . I live in Colchester-Street, White-Chapel. The prisoner came to my house to lodge, on the 5th of November at night, he having no money; and he offered a pair of shoes for a pot of beer. He had a parcel of shoes in a bag. I went to a shoemaker, and asked him whose mark it was upon them, he told me, Mr. Heath's. I went to the watch-house, and got the constable of the night, and secured the prisoner, and the next morning I went and informed Mr. Heath of it.

Joseph King . I am a book-keeper to Mr. Houch's waggon. I booked a bag to Mr. Turner, in Naynand; the porter took and put them in the cart.

James Little . I am the porter. I received the bag from Mr. Heath's man, it was directed to Mr. Turner at Naynand; I put it in the cart: the prisoner was the man that drove the cart out of the inn yard.

Prisoner's Defence. I drove the cart no farther than off the stones. I found the bag of shoes in the road at Burnt-wood.

Guilty . T .

15. (M.) James Clarke was indicted for stealing an iron sender, value 12 d. an ax, value 6 d. a sledge-hammer, value 12 d. a cutting-knife for hay, value 6 d. an iron check for a grate, value 6 d. and an iron check-holder, value 12 d. the property of Philip Apps , October 27 . ++

Philip Apps . I live in Tottenham-Court road . The prisoner made hay for me last hay-time; I gave him leave to lie in a loft of mine, till he was stopt with these things. They were taken from a place in my yard.

- Holder. I am a watchman. I stopt the prisoner about 300 yards from the prosecutor's house, with the things mentioned in the indictment: I brought him and the things to the watch-house, and in the morning I found them to be the property of the prosecutor.

Prisoner's Defence.

I was not sober; and when I had considered of it, I was willing to let him have the things again.

Guilty, 10 d. W .

16. (M.) John Collins was indicted for stealing four harrateen bed-curtains, value 2 s. and four harrateen vallences for a bed, value 6 d. the property of Benjamin Boteslaur , in a certain lodging-room, let by contract , &c. Nov. 6 . ++

The prosecutor deposed, the things were taken out of a drawer in the lodging-room, but were no part of the furniture let to the prisoner for his use.

Acquited .

17. (M.) Susannah Kelley , widow , was indicted for breaking and entering the dwelling-house of James Cavenhan , on the 31st of October , in the night-time, and stealing two linen shirts, value 1 s. the property of Michael Haley , in the said dwelling-house . ++

Michael Haley . I am a chairman , and lodge in Castle-Street. On the 25th of October, I carried my shirts to Mary Cavenhan , in Buckeridge-Street, St. Giles's , to wash; after that I found the house was broke, and my shirts stole. My shirts were afterwards stopt and advertised, when I went and owned them.

Mary Cavenhan . I am wife to James Cavenhan ; we live in Buckeridge-Street, St. Giles's. Our house was broke on the 29th of October; one of the shutters was found open, and a pane of glass taken out, and my linen taken from my ironing-board; among it were two shirts, the property of Michael Haley . The shutter was fastened over night. On the Monday after the shirts were found, one of their marks was picked out

Jonathan Chappilow . I keep a cloaths-shop in Field-Lane. The prisoner came to my shop with two shirts the last day of October, between eight and nine in the morning; I bought them of her for 3 s 6 d. As soon as I had bought them, she said she had more linen, which she had contracted for with a carpenter in Salisbury-Court, but had not money to pay for them all at once. She asked me if I should be at home, she would soon be with me with more. She went away, and, in a little better than a quarter of an hour, she came again with four more; I bid her 9 s. for them; she took them away, and in about ten minutes she brought them again, and said, she had been at three shops, and had 9 s. bid at each, but as I was the first bidder, I should have them; I looked at them, and said, you say you bought them of a carpenter in Salisbury-Court, Fleet-Street; before I pay for them, I'll send my man with you to see that you had them there. I delivered half a guinea to my man to pay for them, if he found it so, and they went away together. My man came back and told me, she would go no farther after she got out of the lane. I saw no more of her till the Wednesday morning. She then brought two or three cloaths-people, who said they saw her buy them, and claimed the linen. I took her to Justice Girdler, who committed her to New Prison. I then advertised the shirts, and Michael Haley came and owned the two shirts. (Produced, and deposed to by prosecutor.)

Prisoner's Defence.

I was coming home by Exeter-Change; I met a man like a coachman, he asked me if I bought cloaths? I said yes. He said he had some old shirts to sell, he asked 15 s. 6 d. for six; we agreed for half a guinea in gold, and eighteen-pence in silver. I came to Mr. Chapelow and sold him two; I know no more of their being than any one in court. I never said such a word as Mr. Chapelow says. I have taken a great many pounds of him.

Chapelow. I never dealt with the prisoner in my life before, to my knowledge.

Q. To Cavenhan. Did you know the prisoner before?

Cavenhan. I do not know that I ever saw her till I saw her in New Prison.

Acquitted .

18. (M.) Samuel Clark was indicted for stealing a duffel surtout coat, value 12 d. and a fustian frock, value 12 d. the property of Robert Shrimpton , October 24 . *

Robert Shrimpton . I am a Milkman . I laid my coat and frock down in the house where we have the milk measured, while I was milking, and when we came to measuring, they were gone. ( The prisoner used to be lurking about there.) I took him up on the day after; and before the Justice he said, he knew where they were; he did not say he stole them. He said one was at a house adjoining to St. Giles's Church-yard, and the other in Monmouth-street: he went with us, we found them accordingly, and I swore to them before the Justice.

Prisoner's Defence.

A boy gave me six-pence to sell the cloaths for him.

For the Prisoner.

Elizabeth Walker . I am his own mother; he was 14 years of age last October; he serves a plaisterer; I never knew him to be any otherwise than an honest sober lad.

Daniel Lee . I knew him from a child; I took him to be an honest, hard-working lad.

Acquitted .

19. (M.) Cornelius Connelly was indicted for stealing 7 pounds weight of tobacco, value 5 s. the property of John Marshall , November 18 . *

Jane Marshall . I am wife to John Marshall ; we live in Gray's-Inn Lane ; he is a tobacconist . Last Friday evening I was in a little room adjoining to the shop; I saw the prisoner going out of the shop, but I did not see him come in: I ran out and called, Stop thief! seeing him running up the lane: he was stopped, and brought back, and this parcel of tobacco, (producing a parcel tied up in a paper) is our property. It was lying in the shop just before, having been brought in not long before.

Joseph Hughes . Last Friday fortnight I was standing at my master's door, in Gray's-Inn Lane, I heard the cry, Stop thief! I saw the prisoner come running, and two or three boys after him; I crossed the way and stopped him, and this bundle of tobacco was picked up by one of the boys, within about five yards from him; he struggled hard to get away from me; I took him back to the prosecutor's; he said he was running to pay a man 6 d. that he owed in St. Giles's.

- Crookshanks. I am fourteen years of age. I saw the prisoner run up the lane. I saw him first, within ten yards of Mr. Marshall's house; he had this tobacco under his arm; Mr. Hughes knocked him down; a boy took up the tobacco and delivered it to me, about five yards from where the prisoner was knocked down.

Prisoner's Defence.

I was going to Gray's Inn Lane, about six o'clock I had the same business to do, and I owed a man 2 d. I had told him I would pay him in a quarter of an hour; a man passed me; they called out, Stop thief! I pursued that man as fast as I could, and they stopped me.

Guilty . T .

20. (M.) Sarah Pritchard , spinster , was indicted for stealing three guineas , the property of James Thomas , Nov. 12 . *

James Thomas . On the 12th of last month, I was in liquor, having been drinking at the Castle inn, by Carnaby market. I met the prisoner, either in Monmouth street, or the top of Long Acre, I am not sure which. She took me to a house. I went to bed.

Q. Did any body go to bed with you?

Thomas. No, I went to bed by myself.

Q. What house was it?

Thomas. It was a private house.

Q. As you are not certain where you met the woman, can you be sure the prisoner is the woman?

Thomas. I knew her again when I saw her the next morning. There was a soldier, named Piggot, in the room, when I went in; he and I had a pot of beer together.

Q. What became of her when you went to bed?

Thomas. I know not where she went.

Q. Are you sure she did not go to bed to you?

Thomas. No, she did not. Piggot was in the room when I went to bed; when I awaked, about 5 o'clock in the morning, I missed three guineas out of my breeches pocket; the soldier saw it before I went to bed. I took it out and gave him a five and three penny piece, to go for a pot of beer, and to bring the change.

Q. Where did you put your breeches?

Thomas. I put them under my head.

Q. Where do you live?

Thomas. I lodge in the city. I was hardly capable of going home. Piggot, the soldier, awaked me. I had some silver in my waistcoat pocket: then the soldier and I went to a public house. The prisoner came in, while we were there. I asked her for my money. She said she knew nothing of it. I sent for a constable. She was taken to the round house, and upon searching her, two guineas were found upon her, in a private pocket, but I cannot swear they were mine, but she owned they were mine. We found another guinea at a public house, where she had left it. She owned they were all my property, before Justice Welsh.

Q. How came the soldier to awake you?

Thomas. I had ordered him to call me, that I might go home.

Arthur Hewiston . I am the constable, I was sent for to take the prisoner in charge, I carried her to the watch house. I found two guineas upon her. When I began to search her, she said she had no gold about her. The other guinea I got at a public house, she had left in pledge for 4 s. 6 d. When the money was found, the prisoner said the prosecutor was very much in liquor, and he had given her two guineas for her to take care of.

Nicholas Piggot . I hire that room. I was in it when the prisoner brought the prosecutor in. She lives up one pair of stairs above me. They came in about seven o'clock in the evening. He complained he was cold; he asked me if I would drink, and gave me a five-and-three-penny piece, to go and get a pot of beer, hot. I brought it, and gave him the change. She said she should be obliged to me, if I would let the gentleman lay in my room all night, as her room windows were broke. I saw three guineas in his hand, when he gave me the five-and-three-penny piece. I believe I might stay in the room with them about an hour. They were both going to bed when I left them.

Q. How long had she lodged in that house?

Piggot. She had been there about five or six days. He desired me to call him about five o'clock in the morning, which I did.

Q. Where did you lay?

Piggot. I lay in a room over his head. He was in bed, alone, when I went to call him, fast asleep. He went to put on his things, and said he had lost his money. Then we went to a public house. He treated me with a pint of purl. The prisoner came in. He asked her if she had his money. She said she had not a farthing of it, and that if he was robbed, I must have taken it. She was searched, and two guineas found upon her, and before Justice Welsh she said it was his property; that he gave it her to keep for him till morning.

Prisoner's Defence.

About five o'clock that Saturday evening. I met that gentleman in Long Acre. His face was very much scratched. He took hold of me, and said, he had been very ill used, and had lost all his money. He asked me where I was going, and said, he would go with me; I took him home, and went into Piggot's room, to light a candle; the gentleman said, he would go in there; I said, that was not my room. He went in and sat down, and bid us look at his arm, he had a hurt on it. He would have some supper. He gave Piggot money, to get two rabbits, for the Sunday's dinner; he asked me if I liked a duck, and said he would stay all the next day. He was much in liquor. About two o'clock he went to bed, and I with him. He gave me three guineas, in a paper, and bid me take care of them. He said he was about taking a public house, and asked me if I would live with him, saying, he had no wife. I said I should like it very well: the soldier's wife came in the night, and said, her husband would not let her live there any longer; after I got out of bed, the soldier went to bed to him: in the morning, I went to the public house, the gentleman was there, said he, I want the woman; I said, I am she; said he, I have lost five guineas; I said, I took none; he sent for a constable, and I was taken to the round-house. They took two guineas from me. I thought as he gave it me, I might do what I pleased with it.

Acquitted .

21. (M.) William White was indicted for stealing a sorrel mare, value 8 l. the property of Joseph Reeves , Nov. 12 . *

Joseph Reeves . I live at Isleworth . I lost a sorrel saddle mare, out of an inclosed field, between the 11th and 12th of Nov. I saw her when my servant had her out to put her in the field.

Q. Did you know the prisoner?

Reeves. He worked at Isleworth three quarters of a year. I heard of her again, on Monday the 14th. I had got some hand bills printed, and I took some to Kingston fair. Going there, I met a gentleman's servant, who told me she was seen at the fair, but was gone. The prisoner was taken on the Monday night, and I saw my mare again on the Tuesday, my servant brought her home; I heard the prisoner make a voluntary confession before the Justice, he acknowledged that he took her and turned her loose upon Hounslow heath.

William Dore . I was going to Kingston fair, on the Monday. I saw the prisoner coming over Kingston bridge, on the prosecutor's mare. I live by the prosecutor, and know the mare well. I rode after him about half a mile. My horse flung a shoe, so I went no farther. This was about twelve o'clock.

Q. Which way was he going?

Dore. He was going towards Hampton Court.

Christopher Staining . I overtook the prisoner on the road, on the 14th of November, about three o'clock in the afternoon, between the Powder Mills and Stretham. He was on the prosecutor's mare. I know her. She had a bridle and pannel on. I said to him, you have got Mr. Reeves's mare. He said he had; he said Mr. Reeves had lost her three days, and he had sent him after her, and he had found her. I asked him how he came by the pannel, he said a butcher had sent it him.

Q. Did he tell you where he was going with her?

Staining. No, he did not. He said Mr. Reeves told him not to go through Hounslow. He asked the nearest way to Isleworth.

John Lewis . I am constable at Isleworth. On the 14th of Nov. I had information the prosecutor was come home. I went to look for him. I met him and his wife, coming to lay in a barn. I took him, and found this pistol upon him; (producing a small horse pistol) there was powder in the pan, but it was not loaded. I put him in the watch house that night. He told me he took the mare out of Mr. Lucy's field, adjoining to Mr. Reeves's field. He said he would not bring any innocent man in, and owned he was the man that took the mare out of the field on the Saturday morning, about one o'clock; and went away for Reading, in Berkshire, and staid there till Sunday night between ten and eleven o'clock; then he came away for Kingston. I asked him how he came by the pistol, he said he found it.

Prosecutor. There is a gate in the fence where Mr. Lewis's horses and mine run one among another, and he could better take the mare out of Mr. Lewis's gate, than mine.

Prisoner's Defence.

They will swear my life away, say what I will.

To his Character.

David Montague . I did not know the prisoner was in custody till I saw him at the bar. He once lived with a relation of mine, in Berkshire, near Reading. I generally go there once a year. I remember seeing the prisoner there several times. I have said to my uncle, you have your old servant still, he said, I have, and he is a good servant. I know he bore a good character there.

Q. When did you see him last

Montague. It is pretty near twelve months ago. I was surprised to see him at the bar.

Guilty, Death . Recommended to Mercy :

22. (M.) John Simpson , otherwise Piermont , was indicted (together with Thomas Smith , not taken) for stealing seventeen guineas, the money of Patrick Mackinally , in the dwelling-house of William Willet . Nov. 29 . *

Patrick Mackinally . I live in Goat-yard, Whitecross-street, St. Luke's. The prisoner, and Thomas Smith came to my house, and asked me if I would go along with them to drink, on the 29th of November. I told them I could not go at present. They said they would go and walk, and come again in about an hour. They went out, and the prisoner came in again when I was at dinner. He said he did not bring Smith, because he knew I did not like him. He went out again: then I told my wife to tell him if he came again, I was gone out; and I went up stairs. The prisoner came in just as I came down; then we had some beer and gin, and we went out. When we were at a place I never was at before, he swore he would go in and have a glass of gin: he went in, and I after him. Who should be there, but Tom Smith , and another man; they asked where we were going. We said only to take a little walk. After we had drank, we went out. He carried me to Windmill-hill, to the house of one William Willet ; and Tom Smith and the other man came there after.

Q. What time of the day was this?

Mackinally. I believe it was about four o'clock. They got me into the bar-room; there were two other men in the bar-room when I went in; they were gambling. One of them said he would lay an hundred pounds, about hiding under a hat: he would guess three times out of four, if money was put under the hat. Then Smith, and the man that came in with him, said, they would play with him for a pot of hot, and a shilling; they threw down a shilling each, and I put down a shilling; we won it: then one said, how much money have you got? one said, I have so much, and another, so much: then the prisoner said, we will all have an hundred pounds each, before we leave the house. I was not willing to let them know how much I had, but they fell a swearing, and asked me what I was afraid of? then I put my hand in my pocket, and pulled out ten guineas; the prisoner told me to put it into his hat; they said they would put down the same; that is, all that were in the room, were to put down the same; then they asked me, i f I had any more? I then put eight guineas more into the hat; they all said, they would put down the same quantity.

Q. For what purpose were they to put it down?

Mackinally. For gambling. One of the other men said, neither of us was worth so much money.

Q. Was there any money in the hat before you put in your's?

Mackinally. No, there was not. The prisoner and Smith said, if I could show so much money, they could get a hundred pounds apiece, before they left the house.

Q. How much money was you to show?

Mackinally. They said, if among us all we could show twenty guineas, we should get the money before we went out of the house; and they said, they would put as much in as I did.

Q. Which of them said they should get an hundred pounds?

Mackinally. There were only Smith, the prisoner, and the other three; it was the prisoner, Smith, and one of the other, that said we should be sure of an hundred pounds each. Then the other man, he that came in with Simpson and Smith, put an halfpenny under another hat. I discovered the villainy, and saw what they were about, and that neither of them would put in any money; I got up, leaned over the table, and took hold of the hat in the prisoner's hand, where my money was; and, at the same time, Smith catched hold of my collar, and dragged the hat out of my hand. I said, you are all a parcel of villains, I see what you are about, you shall not have my money. The prisoner handed the hat to the other man that was pretending to gamble, and, as he was handing it to him, he put in his hand, and took out a guinea; I took hold of his hand, got it out, and put it into my pocket: they then all got up, and collar'd me, threatned me, and hauled me back, and let the man get out of the house with my money; two had hold of me before, and two behind. I saw the man take it out of the hat, put it in his pocket, and go away with it: I never got a farthing of it again; I never saw the man before, nor after he had the money. The landlord of the house hearing a noise, came, the prisoner was standing before me, and would not let me go out; but when the landlord came, I ran out, and fetched the man back to the door; they then all got round me again, brought me into the room, and insisted I should pay the reckoning; the man then ran away: I told them I had no more than a shilling, and threw it down on the table. I was afraid of my life.

Q. How come these men to know you had so much money in your pocket?

Mackinally. I do not know. The prisoner and Smith used to come to the house where I live; he was acquainted with the man of the house; he knew I had money. I was paid off from his Majesty's sloop the Ferret. They all threatned me after I had paid the reckoning. When the prisoner and I were left, he said, I will go along with you, you will get every farthing of your money again, never fear; he swore, d - n his blood, he would get it all again, that he knew the man; (they called the man that had it 'Squire Johnson) he said he would bring me to where he lived, and said he was a rich man. He brought me to a house, and asked for 'Squire Johnson; the people said, they knew no such man. Then he brought me to another house, there was no such person there. Then he brought me back, and said, perhaps he may be there again; he was not there. Then we came away; and I went into a house as we came through Golden-lane, to enquire for a person: when I came out the prisoner was gone, and I never saw him after, till he was taken up, which was three or four days ago. I got a warrant for an assault, thinking to get my money again. Smith was bailed out.

Cross Examination.

Q. Was not they gaming when you went in?

Mackinally. No.

Q. Was not the ten guineas put down for a stake?

Mackinally. Yes, but I saw they did not put down theirs; I seeing their roguery, wanted mine again.

Q. Was not the money declared to be won?

Mackinally. No body won at all, there was no declaration who had won; they all said, that man should have the money, after he had taken it away; they forcibly took the money from me, they did not win it.

Q. Whether that guinea was not thrown down by Johnson, to be spent?

Mackinally. No, it was not.

Q. How came you to take the prisoner up for an assault?

Mackinally. I did that, thinking they would return me my money; I was advised to do it.

Q. Did you not tell the Justice they had been playing with you?

Mackinally. No.

Prisoner's Defence.

We had been drinking plentifully that morning. They had a bottle of gin, they asked me if I would have a dram; said I, I will be a quartern, and we will have a glass together; I sent for it. His wife said, are you going towards Bartholomew-Close? I went and fetched a child's skirt for them to do. They wanted me to stay and dine, I said I could not; said he, then come after dinner, and we will take a walk in the fields. I went, we were both in liquor; as we went along, said he, we will go in here and have some slip; there sat two men and a young gentleman; I never saw them before with my eyes. Smith was going over Moor-fields; said he, I will go with you. The prosecutor would go into the room where these gentlemen were; they were drinking rum and water; I said, let us keep our own company, that is best: he would go in there, we had two pints; after that he said we will have a pipe of tobacco; said I, I must get home; said he, you may stay a little bit; I said, I will stay half an hour, with all my heart. They were talking about marrying a girl with a good deal of money; he said, he was just married, but had no money with her. They began to talk of gaming; they tossed up for a shilling, in punch; after that, for another: then we tossed up for five or six shillings, he and I won it; come, said he, will you toss for any more? said I, do not go to gambling, it does not look well; said the other man to him, I will toss with you for half a guinea, and pulled out a guinea; he won that guinea; the young man went out and left his guinea. Said Mackinally, we will have that among us. When the young gentleman came in, he said, where is my guinea? said I, it is safe enough, I have put it in my box; said Mackinally, what did you tell him for? Then they goes to gaming for ten guineas; he said, he would put it in no body's hands but mine, because he knew me; I laid it down upon the table, and would have no connection with it. Said he, this man has money enough, we can have some before we go: I said, you may do as you please; said he, you shall hold it; so I did; the gentleman put his money in my other hand: the gentleman won the ten guineas. Said Mackinally, I do not mind it, I shall win it again; said I, I will go and leave you; will you? said he; I said I will. The gentleman put down 10 guineas again, and Mackinally put down eight; I told it over, and said, he has put down ten, and here are but eight: I took out one guinea, and he took it out of my hand; I said, here is now but seven: he lost that; then I said, this is your own fault. He began to rave and tear, ready to knock my head off; I said, it is your fault. Said I, I shall drink none of your losings, I have some drink of my own; said he, d - n it, I can go home and get some more; said I, do not go home alone, I will go with you; on that he got up and said, G - d d - n him, I can lick him well, and take my money again; said I, do not go to fight: they went out, and were going to fight, and I persuaded him not to fight; said he, Simpson, I do not value my money, if I can but lick him well; the man was gone. I went to every house with Mackinally going home, to see if I could find him.

For the Prisoner.

Thomas Hudson . I have known the prisoner about 12 or 14 years; I never heard any harm of him; he has laid at my house several times; I never missed any thing.

Q. What are you?

Hudson. I live in White-Cross Street; I am a publican.

John Tipping . I have known him 12 or 14 years; he has the character of a very honest man; I trusted him when I had 30, 40, or 50 l. in my drawers; I have sent him out to fetch six, seven, or eight guineas; I never missed any thing.

Q. What are you?

Tipping. I am an officer belonging to his Majesty's palace-court. He used to be my assistant, and has lived with me five years.

Thomas Bell . I have known him about ten years; he was always very honest, as far as I ever heard.

Q. What are you?

Bell. I am a chocolate-maker, and live in Bartholomew Close.

John Jones . I have known him 12 or 14 years; he is a very honest man; I never heard any thing bad of his character.

Q. What are you?

Jones. I am an officer belonging to his Majesty's palace court; and live in Old-Street.

John Sibourn . I have trusted him several times about my house, I never found any deficiency.

Q. What are you?

Sibourn. I am an officer.

William Willet . I keep a public-house on Windmill-Hill; I remember the prosecutor and prisoner were at my house. Thomas Smith came in with them, and three or four more came with them; as soon as they came in they called for a pot of hot, and went into the bar-room; after they had drank it, they called for a shilling's worth of brandy and water.

Q. Were there two other men in the bar-room, when they came in?

Willet. I do not remember there were. I went to serve my customers, and heard a noise. I came in and said, Gentlemen, what are you about? Said the prosecutor, I have lost my money, and the man is ran away with it.

Q. Did you see them playing?

Willet. I did not see them playing at all, neither did I see any money produced.

Q. What room were they in?

Willet. They were all in the bar-room, except the man that was gone.

Q. Did you see any person take hold of the prosecutor?

Willet. I cannot say, I did.

Q. How long did the prisoner stay after this?

Willet. He staid half an hour after. The prosecutor went out, and brought the man back into the house. I asked the prosecutor what he had been at; he said, he had been gaming, and had lost seventeen guineas. I asked him at what; he said at hiding under a hat, and he put so much in the prisoner's hands, and the prisoner was to have gone his halves, whether they won or lost: after that the man that he brought back, went out directly.

Q. Whether the prisoner or Smith put their hands across the door way?

Willet. I saw hands across.

Q. What for?

Willet. With pretence I suppose to keep the prosecutor in.

Q. Did you see the prisoner hold him when he brought the man back?

Willet. I cannot say I did.

Q. Did you hear no quarrelling while they were together?

Willet. No, I did not.

Q. What is the prisoner?

Willet. He and Tom Smith follow two bailiffs. I did not know but that they had arrested the man, and brought him into the house.

Q. Did the prosecutor strive to get out, when they put their hands across the door?

Willet. He endeavoured to get out, as far as I could see.

Acquitted .

(L.) He was a second time indicted for stealing, a quarter of a guinea , the property of Hannah M'Carty , widow , November 19 . *

Elizabeth Watts . Last Tuesday was seven-night, the prisoner came into my aunt's house, her name is Hannah M'Carty, and asked for Mr. Bell; this was between one and two o'clock. My aunt lives at Mr. Bell's house, in Bartholomew-Close . My aunt had delivered the quarter of a guinea to me, to go and get some coals; I laid it on the dresser, in the kitchen; the prisoner laid his hand upon it, and took it away. I told him Mr. Bell was not at home. I saw him take the 5 s. and 3 d. up, and put it into his waistcoat pocket, and went into the shop.

Q. Did you not mention it to him?

Elizabeth Watts . I did not say a word to him, he went out before I was aware; he smacked it, and I thought he took it in a joak.

Q. Where was your aunt at the time?

Elizabeth Watts . She was at the Fleet-Market, at her stall; the prisoner was an acquaintance of Mr. Bell's, and used to come to his house. I went to my aunt in the afternoon, and told her of it; she never got it again.

Cross Examination.

Q. Did not your aunt send you down to see whether it had not fallen through the cracks?

Elizabeth Watts . No, she did not.

Q. Had you not lost some money of your aunt's before?

Elizabeth Watts . I had.

Q. Did you not hear the other charge against the prisoner before the Justice?

Elizabeth Watts . I did. I followed my cousin; (she is Mr. Mackinally's wife) to Justice Girdler's. My aunt told me I might, and I charged the prisoner with this.

Q. Whereabouts did you stand when he took the money?

Elizabeth Watts . I was blowing the fire, and I got up as soon as he went from the dresser, and laid the bellows, and then the money was not there.

Hannah M'Carty. I left Elizabeth Watts a 5 s. 3 d. to go and buy some coals before I went to the market. I heard no more about it till she came crying to me between five and six o'clock; she said Jack Simpson came and asked for Mr. Bell; she told him, he was gone to the Excise-Office, and he had put his hand on the 5 s. and 3 d. which I gave her, and taken it away. I desired her to stay at the stall, while I went to look after Simpson. I went home, but Mr. Bell was not at home, so I returned to the stall. I went the same night as far as Old-street, to look for the prisoner; I could not see him; I never saw him till the Thursday. Then Smith and he came together; he asked me what I wanted with him? I said, the 5 s. 3 d. he said, he never saw it.

Prisoner's Defence.

I staid at that house half an hour, the woman had a skirt to make for my child, and I went for it. I went into the shop, and saw the man that worked for Mr. Bell; he is a chocolate-maker. I never saw no more of the money than I do at this time.

For the Prisoner.

Thomas Bell . I keep the house where this is said to be done. The girl has lost money several times, she has been guilty of several bad things. When I came home that day, the girl was crying: I said what is the matter? she said she had lost a quarter of a guinea. I said, I suppose, you have been at some of your tricks again; said she, here has been Simpson, and I suppose he has took it. I said, did you see him take it? she said, she saw him lay his arm upon the dresser, but did not see him take it. I was going to light a candle to look in the cellar, there being cracks; she said, you need not light a candle to see in the cellar, for I have looked in every place in the cellar. I never knew the prisoner to be guilty of such a thing in my life. She and I went in pursuit of the prisoner that night, but could not find him; he came the next morning to know what was the matter; I said, Jack, there is a 5 s. and 3 d. lost, if you know any thing of it, let her have it, and I will give you a 5 s. and 3 d. He said, he knew nothing of it.

Acquitted .

23. (M.) ELIZABETH Richardson , otherwise Forrister , spinster , was indicted for the wilful murder of William Pimlot ; she stood charged on the Coroner's inquest for the said murder, Nov. 14 . *

James Carpenter . I have chambers in Simond's Inn . The deceased, Mr. William Pimlot, had chambers on the ground, on the left hand of mine; when I am in my own chamber, I think they are No. 4. As to the day I can't recollect, it was on Sunday evening. I came home about twelve at night; (I speak of the night that Mr. Pimlot was killed; I heard of his death next morning as soon as I got up.) I went into my chamber and lock'd the door; I don't know whether I went to bed immediately or not; I believe I did not stay above half an hour. I believe I had not been in bed above half an hour, before I heard a great rapping at the Inn. I could not distinguish at what chamber; I thought it was in my own stairs; I got up and went to my own chamber door, and drew the inner door to me; then I opened my shutter, and shov'd up the window; I heard a talking. I saw a woman come out of Mr. Pimlot's stair-case. I think she was cursing and swearing at the time; saying, she would see him.

Q. Mention her own words as near as you can.

Carpenter. She swore I will see you, or you shall see me; I believe she said both: she went round to the end of his chamber, which was out of my sight; I apprehend to that window where his bed-chamber was: I heard a window immediately break, as though somebody struck it with their hand; I heard the glass as plain as ever I did any thing in my life; after that she came away, swearing that he should see her in the morning. I saw her come from that part and go out of the Inn: she went towards the gate for Chancery-lane.

Q. Can you tell what woman that was?

Carpenter. I could not be particular as to the woman, I could not distinguish her face; I really do not know whether it was the prisoner or not. I went to bed, and the next morning I heard this accident had happened; which alarmed me very much.

Q. Could you hear any thing from within the chamber?

Carpenter. No I could not, I went to the window and saw it was broke. Then I went to inquire into the circumstances of the affair; and mentioned what I heard in the night.

Q. What window was broke?

Carpenter. It was one pane of glass, in Mr. Pimlot's window: I believe that window was next to his bed-chamber; but I never was in his chamber.

Samuel Sowens . I am a watchman in the liberty of the Rolls. On the 14th of November, being Monday, in the morning about half an hour after one o'clock, I was in Weeden street, I heard watch called.

Q. Where is Weeden-street?

Sowens. That is a little street that comes into Chancery-lane. I said, who calls watch? I do, said Mr. Pimlot, follow me. I followed him into Chancery lane; she cross'd the way towards Simonds's Inn coffee house, which is at the corner of Simonds's Inn; he was alone at a little distance; I saw a woman upon a loitering order, she staid a little; he said, Watch, take charge of that woman, it was the prisoner: she was standing at a small distance; the words were scarce out of his mouth, before she flew to him with her right hand, and gave him a push under his left breast.

Q. How far distance was she before she flew to him?

Sowens. She was about five or six yards distance from him; I seized her right hand, and said, you strike, madam, you break the king's peace, I'll take you to the watch-house; I took hold of her, she said, for God's sake do not squeeze me so hard, I will go with you. The deceased turned round to the left, and said, Here, watchman, take this, delivering to me this knife. (Producing a small clas penknife, the blade about two inches long, with a sharp point, with some appearance of blood upon it.) He proceeded to the watch-house, and I followed him close with the woman.

Q. How far distance from the watch-house, when she gave him that push?

Sowens. It was betwixt eighty and ninety yards. I had the woman by the left arm, when I came up to the watch-house, I said to the beadle, Sir, here is a charge; that gentleman has charged this woman. I then saw the blade of the penknife was partly all over bloody, fresh blood. Sir, said I, here is a knife, the beadle took it, and laid it on the mantlepiece. The deceased went across the room, about four or five yards, and set down in the constable's chair, and pulled up his cloaths, and laid his belly all naked; there I saw a wound plain enough on his left side. He never said a word as I heard, after he said (Here, watchman, take this) he flung his cloaths open and leaned his head; his shirt had a very deep bosom, that also was bloody; the blood was fuming out of the wound as new beer out of a bottle: the prisoner clapt her hands together, and said, Oh, Mr. Wilson! it was I that did it, it was I that did it! And I think she said, send for a surgeon. Then I imediately went for Mr. Minors, the surgeon; two of his people came. When they came, he was dead; they came in less than a quarter of an hour; to the best of my knowledge, that was some minutes before two o'clock. Then the prisoner was sent to Clerkenwell New-Prison; the constable, Mr. Robinson, went with me. At the prison-gate, he got out of the coach, in order to have the door open. I said to her as we were in the coach, Madam, was it before the watch was called or after, that this rash action was committed? She held up her hands, Oh after, said she.

James Wilson . I am beadle of the Rolls Liberty.

Court. Begin where the watchman said, I have got a charge.

Wilson. I was in the watch-house alone, the door was half open when he spoke; I threw the door open immediately; there I saw the deceased and the watchman, with the prisoner under his arm; he said, that gentleman charges this woman; upon this the deceased went across the room, seemingly as if nothing ailed him; I took the woman by the arm, and set her down on a bench on the other side. Said the watchman, the gentleman gave me this knife. I clapt it down on the mantlepiece; I turned round with a design to ask the gentleman, what the woman had done; there, to my great surprize, I saw he had opened his breast; I saw the wound. Lord have mercy, said I; what have you done? get a surgeon: Oh, said she, get a surgeon. Mr. Wilson, I did it. He had a deep bosom to his shirt, deep enough to shew the wound; it was bleeding. I did not examine the shirt, but I saw a hole in his coat.

Q. What sort of a wound was it?

Wilson. It was a wound just as if a pig had been stuck. It appeared in a different shape, when the blood was coming out than what it did after he was dead: It appeared as if it had been done by a knife. When I said, send for a surgeon, she said, Mr. Wilson, it was I that have done it; get a surgeon, and save my dear Pimlot. She spoke of it several times, and seemed to be in a very bad taking. She said, I do not want to screen myself; get a surgeon to save my dear Pimlot.

Q. What did you understand by her saying, she did not want to screen herself?

Wilson. I understood it, that she meant she would not run away, if I went for a surgeon. She repeated that several times.

Q. How long do you think he might live after he came into the watch-house?

Wilson. I believe, there might be breath in him about seven minutes after he sat down in the chair; he died like a young child going to sleep, not an eye nor a hand, or any thing stirred; he never stirred hand or foot; he died without any stirring; he never spoke in the watch-house. His dying thus made it very hard to know when he died.

Q. Did you observe the knife?

Wilson. I did. It was bloody. The prisoner desired me to give her leave to kiss him; she went across the room and kissed him, and said, My dear Pimlot, I shall never see you more.

John Robinson . I was the constable of the night at that time, I was out when the deceased came in, the two young surgeons were there when I came in, which was about a quarter of an hour after two o'clock; the deceased was dead at that time. The surgeons probed the wound, and measured the probe to the blade of the knife, and said, it just answered to it. I saw the wound, they took the penknife to match to the hole, and it did match. I said to the prisoner, did you do it; she said, she did, twice over. She said it several times. We got a coach and went with her to New-Prison; I asked her to tell her name, she refused to tell it. I was got out at the prison door, she seemed to be in a great deal of trouble; she rang her hands, but said nothing. The watchman was in the coach with her, while I knocked at the door. I did not hear what past then.

Isaac Minors . I am a surgeon, and live in Chancery-Lane; I was called out between one and two that morning; I being ill and could not go, sent my pupil and my apprentice; they returned soon after, and said, the gentleman was dead. The next evening I was sent for to open the body. I found a wound in the interior ventricle of the heart, which I apprehend to be the immediate cause of his death. I could not possibly form any judgment what kind of instrument it was done with; I traced the wound from the integument into the heart. It was between the fifth and sixth rib on the left side; it had the appearance of a small wound; (a wound will contract after given) it was larger internally than externally; it had the appearance as if given by a knife, or sharp instrument; it had not gone to the opposite side, it had only just penetrated the interior ventricle of the heart.

Q. How deep was it from the outward part of the body?

Minors. It was three or four inches; if the heart was beating to that side the body at the time the blow was given, the knife need not have reached so far as three or four inches to get at the heart. I believe, that wound to be the cause of his death.

The prisoner said nothing in her defence.

To her Character.

Catharine Davenport . I live in No. 3, New-Street Square, the prisoner lived with me a lodger some years ago; she was then a sober, modest, meek-spirited woman.

Charles Doagale . I have known the prisoner about two-and-twenty years; she served her time to an aunt of mine, a mantua-maker, at that time she was a sober honest girl, looked upon to be a mild, meek girl; her right name is Forrister. I knew her father well, he was a very honest man.

Guilty . Death .

She received sentence immediately (this being Friday) to be executed on the Monday following, and her body to be dissected and anatomized.

24, 25, 26. (M.) John Fennel , Thomas Towell , and Charles Crew , were indicted, for that they on William Kelly , on the king's highway, did make an assault, putting him in corporal fear and danger of his life, and taking from his person a guinea, half a guinea, and 15 s. in money, numbered, and a silk and cotton handkerchief, the property of the said William Kelly , against his will , October 20 . *

William Kelly . I live upon Snow-Hill, and sell rabits and fowls about the streets. On the 20th of October, about three in the afternoon, I was going across the ruins between Chick-Lane , and Black-Boy Alley . The three prisoners in company with another, were on the inside near a dunghill consulting together; just as I came about a yard past them, one of them knocked me down; when I fell, two of them laid hold of my arms and kept me down, while the other two rifled my pockets; they took all I had out, and turned my pockets wrong side out. I had a guinea in gold, and 6 s. in silver, in one pocket, and half a guinea and 9 s. in silver in the other; I had borrowed a 27 s. piece in the morning and had changed it. Then they all ran away.

Q. Had they any weapons?

Kelly. I saw none they had, I believe it was with a fist; I am lame of one leg, and I am soon knocked down. They did not speak a word to me, nor I to them. Only one of them, said, when they were rifling me, Knock the old dog on the head. I got up and had an iron needle in my hand, which we use in casing of rabits; I flung it after them, but it touched none of them. I met Fennell the next morning about eight o'clock in Cow-Cross, and laid hold of him. I got assistance, and took him before Justice Girdler; there he confessed the fact. Provided the Justice would give him a little time to inform him where the others were, the other two should be taken in five or six days. He told where they were, and they were taken.

Q. Did you know either of them before?

Kelly. No, I did not, but it being day light, I saw them and knew them. I lay on my back, and saw them while they were robbing me.

Q. Who took the other two?

Kelly. The keeper of New-Prison did, I believe, on the information of Fennell. I never got my money again.

Q. Did you make any resistance?

Kelly. I called out as loud as I could, but nobody came to my assistance, there was nobody near, there were no houses near, but Cow-Houses.

Fennell's Defence.

I was coming along, this man was much in liquor, he sat down to ease himself and fell backwards; the money fell out of his pocket, I picked it up and gave it him, and he gave me a shilling; I had a child with me, he gave that two-pence.

Q. to Prosecutor. Was you fuddled or sober?

Prosecutor. I was as sober as I am now, my pocket was tight, my money could not fall out.

Towell's Defence.

I know nothing about it, I was not there.

Crew's Defence.

I have witnesses, that the man was drunk, up and down Black-Boy Alley, with the whores for three or four hours.

For the Prisoners.

Rosanna Martin. I live facing the ruins near Chick-Lane, I take in washing and needlework; I was looking out of my own room window and saw the prosecutor sitting to ease himself I suppose, and the money fell out of his pocket. I saw some silver, I cannot say how much, the lad picked it up.

Q. Did you see any gold?

Rosanna Martin. No, I saw no gold; he said to the lad, if he would return it again, he would give him a shilling; he returned it, and the man gave him a shilling; the lad went from the ruins with a child. The man was very fuddled, he was up and down the place better than an hour after that.

Q. Where was Fennell going?

R. Martin. I believe he was going to carry a child to his master. He is a neighbour's child. I should not know the others that were with him; there were several boys there.

Q. How many boys?

R. Martin. I believe there might be ten or a dozen; but I know none of them. I cannot say, I saw the other two lads. I saw the prosecutor fall all along.

Q. What is Fennell?

R. Martin. His mother takes in scowering. My window faces the place; it is not half a stone's cast distance.

William Hillier . I keep a chandler's shop just by there. I employ Fennell to fetch my beer in; he always used me very well. He drives sheep about in Smithfield; and lives in Black-boy Alley, with his mother.

Q. Do you know Mrs. Martin?

Hillier. I do; she lives just by the ruins.

Q. Does she live in the house where Fennell does?

Hillers. No, she does not.

Q. What is Fennell's employ?

Hillier. I know no otherwise than a drover.

Lucy Gardner. I live in Sharp's Alley. I come here for Jack Fennell . I was washing in the Alley for a woman. I saw the man go along very much in liquor, about five o'clock.

Q. Did you see him fall?

Gardner. No, I did not.

Mary Stevens . I live in Clerkenwell; I am a pipe-maker. I employed Towell; he has a very honest character, as far as I know: he works at times with a smith; and carries milk for his mother.

Sarah Dawson . I live upon Mutton-Hill, Clerkenwell. I have known Towell about eight years; I know nothing of him but what is true and honest.

John Frey . I live at Hockley in the hole. I have known Towell about twelve months; I have trusted him with goods to carry out for me; he has brought every thing back safe: I never heard any ill of him.

William Redbourn . I have known Towell about nine or ten years; I have trusted him with goods and money; he never wronged me, nor any body else, as I know of; I would employ him again, was clear.

All three Guilty. Death . Recommended .

27. (M.) James Gaylen , otherwise Galen , was indicted for stealing a silver watch, value 30 s. the property of Andrew M'Cartney , privately from his person , October 24 . *

Andrew M'Carty. On the 24th of October, I went to the Barley-Mow, in Milford-Lane , about three in the morning; I am certain I had my watch when I went in. I fell asleep; I was awakened by Mr. Wilson, a little after six; he asked me where my watch was? I put my hand in my pocket, and missed it; this was on a Monday; and on the Monday following, I saw it again, in Guildhall; it was produced by Mr. Peal, a pawn-broker: I advertised it in the Wednesday's paper: the prisoner was at Guild-hall, also; he said, he had it of another person to pawn. He was sent from thence to Sir John Fielding 's, to be examined.

Peter Peal . I am a pawn-broker; and live in Fleet-Street. On the 24th of October, about eight or nine in the morning, the prisoner brought this watch, and wanted a guinea upon it. I asked him several questions; he told me, he gave 50 s. for it to a gentleman's servant. The day following, it was advertised. On the Saturday following, the prisoner came to me, and wanted half a guinea more on it; I told him, I could not advance any more upon it, and kept him, while I sent for a constable. On the Monday, I took him before the Sitting Alderman, at Guildhall, there I produced the watch, and the prosecutor owned it. (Produced, and deposed to by prosecutor.)

Thomas Wilson . I keep the Barley-Mow, in Milford-Lane. Mr. M'Carty came to my house a little after three in the morning, on the 24th of October; he seemed very much in liquor; I offered him a bed; he chose to sit and sleep by the tap-room fire. The prisoner and three others came in about an hour and half before this thing happened. The prisoner sat down next to the prosecutor, on his right hand. A neighbour came in about a quarter after six, for a pint of beer; going down for it, I was call'd to, to make it a pot; in the time I was gone to make it a pot, the prisoner's company were gone. An old watchman was just come in from off his duty; I asked him, where they were gone? he said, he knew not, they were all run out together. I went and awakened M'Carty, knowing him before he had used my house. I had seen his watch chain hang down, as he sat sleeping. Just before I went to draw the beer, I asked him, if he had got his watch? he felt, and found it was gone: we thought it was that company that had taken it. I took up the prisoner that morning, about eleven o'clock, and went for a constable to search him; he owned he had pawned it for another man; and that he had a 5 s. 3 d. or a 4 s. 6 d. of the money.

Prisoner's Defence.

I was out of place, and met with some people, who kept me out till between two and three o'clock in the morning. Coming along Covent Garden, I met with those three men; we went to Mr. Wilson's house; I was two-pence, and another three-halfpence. I saw Mr. M'Carty much in liquor, bruised about his face, and two girls by him. Being in a hurry to do a job for myself under the gate-way, one of the men came out to me, we went on, and coming down Fleet-Street, he said, he wished he had some money, and desired I would pawn his watch. I came to this gentleman's house, I went in with it, and had a guinea upon it; after that, as I was going into Butcher-Row, they took me in hold, and the other man, that I had the watch of, ran away.

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

28. (M.) Arnold Pritchard was indicted for stealing three cloth coats, value 15 s. three cloth waist-coats, value 9 s. three pair of leather breeches, value 14 s. and a pair of cloth breeches, value 1 s. the property of Richard Edwards , November 26 . *

Richard Edwards . I am a taylor and salesman . The prisoner came to live with me a servant , the latter end of August; he was with me about 13 weeks; in that time, he took several of my goods. Missing some on the 26th of November, I charged the prisoner with taking them; he denied it. I enquired at the pawnbrokers, and at Mr. Humphry's, in West-Street, Seven-Dials, where I found a waistcoat, a coat, a pair of black stocking-breeches: some I found at Mr. Bibby's, and some at M r. Fryer's, pawnbrokers.

The several things produced by the pawnbrokers, pawned by the prisoner, and deposed to by prosecutor.

The prisoner, in his defence, said, he was in necessity; he did make use of them, but intended to get them again as soon as possible.

Guilty . T .

There was another indictment against him of the same nature.

29, 30. (L.) Ann Bailey and Sarah Gold , spinsters , were indicted for stealing two cotton gowns, value 20 s. a stuff petticoat, two pair of stays, a cardinal, and a silk bonnet , the property of Daniel Kingston , Nov. 14 . ++

Jane Kingston . I am wife to Daniel Kingston ; I live in Black Fryars. On the 14th of November, I went out about business. I am a market-woman; and my husband is a lighter-man ; he was out about his business. I was gone till about half an hour after four. The two prisoners were out about my business, with goods; they were my servants . I met a neighbour, who told me my door was open. I came home, and missed the things laid in this indictment, (mentioning them by name.) The girls at the bar had left their goods in the streets, and were gone. I advertised them twice that week. After that, Sarah Gold sent for me, to come to her in Spital-Fields: I went. She fell on her knees, and said, she would tell me the truth; there was nothing pawned, but my stays, and they were in Grub-Street; and that Bailey sold the two gowns and a peticoat for a guinea; my child's stays for three shillings; and my cardinal for seven shillings and six-pence. When I took Bailey up, she had my bonnet on. She said, she would go with me to the place where they were sold: she went with me to the bottom of Rag-Fair, where I found Bailey sitting by the woman's fire-side, who bought the things. When I charged her, she began to behave very impudent. I charged the watch with her and Gold; they were brought to Guild-hall. Bailey sent my bonnet, by the woman where she was in goal, on the Monday morning. The woman who bought the things is gone away, and I have not heard of her since.

Q. How long had the prisoners been with you?

J. Kingston. Bailey had been with me about a week; and Gold about five days. Bailey went with me to the pawnbroker for the stays; they were pawned for nine shillings. (Produced and deposed to.)

John Bently . I am the constable. The two prisoners were given to me in charge. I heard Gold confess, she had been concerned in taking the things, in company with Bailey.

Bailey's Defence.

I was a little in liquor, and went home; and Gold took the key and opened the door.

Gold's Defence.

I was drawn into this; and was very willing to resign myself up. I told my mistress the truth; and she said she would do every thing that lay in her power for me.

Bailey, Guilty . T .

Gold, Guilty. Recommended . W .

31. (L.) Elizabeth Adley , spinster , was indicted for stealing 28 yards of printed cotton, value 5 l. the property of Stephen Bellamy and Samuel Williams , November 2 . ++

Mr. Smith. I work for Messrs. Williams and Bellamy, linen-drapers, in the Poultry ; I was there when the prisoner came into the shop, on the 2d of November, between two and three o'clock. I saw her take a piece of printed cotton, put it under her cloak, and carry it out of the shop; I went out, brought her back, and took it from her, it being their property.

Prisoner's Defence.

A woman desired me to hold it, while she went into the shop. I did not go into the shop.

Guilty . T .

32. (L.) Antonio Nesbit was indicted for stealing nine pounds weight of tobacco, value 9 s. the property of persons unknown, October 10 . ++

Thomas Ward . I am one of the King's constables on the Keys. On the 10th of October, about eleven in the morning, I saw the prisoner going out of the gate-way, from the Key, with the tobacco under his arm, (produced in court) he seeing me, threw it down; and while I was taking it up, he ran off. On the 25th, I took him, within ten yards of the place; I know him very well.

Prisoner's Defence.

I was going along, and two men asked me to carry that tobacco for them. I am a Portuguese .

Acquitted .

33. (M.) Nathaniel Lee , otherwise Nathaniel Nurchy Lee , was indicted for stealing a set of bed curtains, three window curtains, two negligees, a sattin gown, a black sattin night gown, a crimson silk mantle, five shifts bodies, and other things, the whole laid to the value of 22 l. the property of Joseph Skinner , in the dwelling house of the said Joseph Skinner , September 14 . *

Joseph Skinner . I live in Mansfield-street, Goodman's-Fields ; I went into the country about the middle of August last, and left an order for John Jones to lie in the back parlour, in the house, the time I was gone.

John Jones . I am porter to Mr. Skinner, I had double locked the door on Sunday morning, the 11th of September, and on Monday night, the 12th, the door opened very easy. I observed nothing amiss. I told Mr. Green, the clerk, of it the next morning.

Mr. Green. I am clerk to Messrs. Rogers and Skinner. I was told of this door on the Monday; I went and searched the house on the Wednesday, and found every drawer, in every room in the upper chamber, broke open. I know nothing of what was missing.

Q. Did you observe the outward door?

Green. I did not. I informed Mr. Rogers of it, and Mr. Skinner came home on the following Monday.

Mr. Skinner. I came home on Monday the 19th. I found the drawers, and closets, and several trunks and boxes, had been forced open. I mist bed curtains, some green damask furniture, window curtains, some yellow silk, and stuff belonging to the dining room, several gowns of my wife's, a morning gown of my own, some loose diamonds, and other things which are not in the indictment, a rockelow, a christening mantle, particularly a remnant of silk that had been at the Mantua-makers, and had been returned, and some few other particulars. I had seen some of them about a week before I went out of town. The green curtains and green damask and yellow window curtains, were all locked up very safe. I went to Sir John Fielding , and he had bills dispersed about, and had them advertised in the papers. I never found any of my things again, but the green damask, and a piece of silk. The gown of my wife's is now in court to compare with the silk, and the Mantua-maker that made the gown is here.

John Holland . I am a milk man; I serve Mr. Skinner's house with milk. I had told some Jews, I wanted some green damask. The prisoner and two men came to me, and asked me whether I was provided with such. The prisoner said, he had the vallance, and some window curtains. Mr. Skinner's servants had told me what had been stole from his house. I said, when I saw it, I should know how to deal; when I saw it, he said, it came from the fire at Snow-hill. The prisoner brought it the next morning. I had seen the rest of Mr. Skinner's furniture; I said, I could not bargain for it then. He left it. I took it to Mr. Skinner's, he was not come to town; I left it with Mr. Roger's. When the prisoner came again, I got an officer, and stopt him. He endeavoured to escape, he beat two of Sir John Fielding 's men entirely; and would have got away, had I not assisted.

James Murry . The prisoner behaved so ungenteel. in kicking two of those men on their private parts, we were forced to put him in a coach; we carried him to Bow-street, he wanted to go to the necessary-house, at the Brown Bare . I went with him, and was close by him; he dropt this piece of silk out of his breeches. I saw it fall, and took it up from between his feet, he strove to put it down the vault.

Joseph Stevenson . I was at the apprehending the prisoner; I went with him and Murry to the necessary. I did not see the prisoner drop the silk, but I saw Murry take it up; I was close behind Murry. (The silk produced in court.)

Thomas Oder . I am servant to Mr. Skinner; I was about half a yard from the necessary door, when Murry picked up the silk. I know my mistress has a gown of the same.

Sarah Gaine . I am a mantua-maker, and work for Mrs. Skinner; (She produced a silk gown) this I made for her. (She compared it with the piece of silk which fell from the prisoner in the necessary. They agree.) The piece cut out here, (pointing her finger to a place whereabout five inches square were cut out) I cut out to put it into the back of the gown. I am certain this is the very same.

Prosecutor. The prisoner said he bought the other piece of one Brown, an old cloaths-man.

Prisoner's Defence.

I can prove my buying the pieces.

For the Prisoner.

John Sherbone . I keep the Red Lion, in Black Lyon Yard. I know but little of the prisoner. I remember a man, and he came into my house: the man had a bag with a parcel of old things to be sold, he shot them out upon the table, after they had agreed; I bought a pair of leather breeches for my little boy. There were some green things, they looked to be setts of curtains, four or five pieces of them, (the green vallance produced) such as these. The man pulled out some neckcloths, and handkerchiefs from his pocket, they were talking about changing. I was backwards and forwards in the house. I saw the prisoner take the things that he bargained for; I cannot say these are the same pieces.

Q. When was this?

Sherbone. I think this was the 22d or 23d of September.

Q. What makes you think it was one of them days?

Sherbone. Because, the prisoner's wife came to my house, and desired me, if ever that man came to my house again, to stop him.

Q. What day did she come?

Sherbone. That was nine or ten days after I believe; she said her husband was in trouble for the things.

Q. to Holland. What time did the prisoner come to you with this vallance?

Holland. He came to me the 28th of September; he told me he had sixty yards of it, but he had sold the other.

Thomas Swain . I am a weaver. I have known the prisoner about two years; he is a hawking pedlar; I look upon him to be an honest man.

William Friday . I live at the corner of Castle-street, in the Park, Southwark. I am a cheesemonger, and have known him three or four years; he kept a chandler's shop, in our neighbourhood, from thence he removed into Red-Cross-street, and kept a public-house. I never heard but that he had a very good character.

Edward Bradshaw . I am in the watch way. I have known him seventeen or eighteen years, I always took him to be a very honest man.

William Jones . I live in the Borough high-street; I have known him about eight years. I served him with bread when he kept a chandler's shop, and also the public-house; he was a very honest man.

Joseph Randall . I belong to the Excise, and live in Spital-Fields. I have known him almost three years; I have seen him with muslins and such things to sell; I never heard any thing amiss of him.

John Chapman . I live in Shoe-makers Row, by Aldgate. I have known him twenty years; he is a dealer in clothes, linens and muslins, and the like; he is a very honest man, and counted so by all that know him.

Thomas Smith . I am a scowerer and dyer, in Fenchurch-street. I have known him fourteen years; I have frequently seen him with bundles. I never heard, but that he was an honest man.

Elizabeth Ham . I am a butcher, and live in Spital-Fields; I have known him twelve months; I never knew, or heard any harm of him.

John Godfrey . I live in the Park, Southwark; he lived in a house of mine about three years, and bore a good character.

Acquitted .

34. (M.) John Lewis was indicted for stealing a pair of silver shoe buckles, value 10 s. the property of Christopher Davis , Oct. 25 . *

Thomas Cooper . I was constable of the night, in St. James's parish. On the 25th of October, on going our round, we went down Great Windmill-street. At the upper end of the Hay-Market, when I got into Catharine-Wheel-yard , I saw a lusty man stand in a corner. I thought I heard something chink upon the stones. I asked the man what he did there; he said he wanted a man called Mahogany. I said, what is he? he said a coachman. I said there was no such man in the yard. I went down the ride, (it is a livery stable) there I found a hat. I bid the watchman lay hold of the man. It was the prisoner. I went a little lower and found two stable doors broke open; one of them was mine. I went home and fetched my servant, Christopher Davis . He came, and opened the corn bin, and found his silver shoe buckles were gone. We found a large poker in the yard. I asked the prisoner if he had the buckles, to the best of my knowledge, he said, no. We took him to the watch-house, and searched him. We found a pair of shoes in his pocket, not finding any thing else, we insisted on stripping him. Upon throwing down his cloaths, we heard something knock against the floor. One buckle fell out of the lining of his coat, and I took the other out. (Produced in court.) I think he said he found the buckles on the road.

Christopher Davis . I am servant to Mr. Cooper. I look after his horse. These buckles are mine. They were in the corn bin, in my master's stable, in Catharine-Wheel-yard. I left them there the 23d of Oct. in the corn bin, and they were missing the 25th, at night. I locked the door of the stable. It appeared the door had been broke; the staple was wrenched off, and the lock thrown on the dunghill.

Prisoner's Defence.

I went to a club, in Russel-street. I wanted a man that lives in that yard. I was going down the yard, and met a man, just coming out of it. I went on, and found a pair of shoes, a hat, and a pair of buckles, together. I put the buckles in my pocket, and went to ease myself upon the dunghill. I know no more of them than the child unborn. The coachman I wanted is gone over to Ireland with his master.

To his Character.

Matthew Murphy . I live at the Ship, in Barnaby-street. I have known the prisoner better than a quarter of a year; he used my house, and behaved very well.

Ann Turner . I live in Tottenham Court Road, and keep a chandler's shop. The prisoner did lodge with me near twelve months. He behaved very well in my house.

Guilty . T .

35, 36. (L.) John Poole and Joseph Brown , otherwise Bourn , were indicted for stealing 20 lb. weight of sugar, value 5 s. the property of persons unknown, Oct. 31 . ++

Samuel Gerrard . I am a gang's-man, at Smart's-Key . I catched the two prisoners in a lighter, at the bottom of Smart's-Key, on the 31st of Oct. There were two hogsheads of sugar with their heads out. One was filling a bag with sugar, and the other had some in a hat. There were 20 lb. of it together. I took them before Mr. Alderman Nash, and they were both committed.

Both Guilty . W .

37. (L.) Mary Amis was indicted for stealing a yellow metal watch, value 3 l. the property of Stephen Stanton , Nov. 11 . ++

Stephen Stanton . I am an apprentice to Mr. Smith, a grocer, in Bishopsgate-street. I was sent with a letter to the post-office, returning back between ten and eleven o'clock at night. On the 11th of November, I was near the pastry-cook's shop, opposite Mr. Fenn's, at the corner of Cornhill ; crossing the way, the prisoner at the bar snatched my watch (a yellow metal one) out of my pocket, and gave it to another woman, who made off down a passage. I took hold of the prisoner, and charged the watch with her. She was carried to the Compter and searched. I felt my watch go out of my pocket and saw the motion of her hand, but did not see the watch in it. Her hand was clinched when I was at the post-office. I took out my watch, it was about half an hour past ten.

Prisoner's Defence.

I was at the corner of Leaden-Hall market, and had a bundle under my arm. The gentleman clapped his hand on my shoulder, and said, you have got my watch. I said, don't lay hands on me, if you have any thing to say to me, charge the watch with me. I know no more of the watch than I do of my dying day.

Acquitted .

38. (L.) Thomas Pain was indicted for stealing a silk handkerchief, value 10 d. the property of Thomas Bowker , Oct. 27 . ++

Thomas Bowker . On the 27th of Oct. I was going through Lincoln's-Inn about three o'clock in the afternoon, before I came to Fetter Lane, a woman told me my pocket was picked, and pointed which way the prisoner was gone. I turned and saw the prisoner running with my handkerchief hanging behind him, under his coat. (A blue and white silk one.) I followed him into Flour de-Luce Court, where I saw him throw it down. I took it up, and then took him. (Produced and deposed to.)

Prisoner's Defence.

Going along, I saw a handkerchief lying on the ground. I picked it up. A gentleman called, Stop thief! I dropped it down. I ran to see who was the thief. I am a draw-boy to a weaver.

He called Susannah Brown , Ann House , and Mary Barber , who had known him about three years, and said they never knew no ill of him.

Guilty . T .

39. (L.) William Parker was indicted for stealing a silk handkerchief, value 10 d. the property of Thomas Bevan , Nov. 7 . ++

Thomas Bevan . On Monday the 7th of November, between twelve and one o'clock at night, going through Thames-street , I felt something in my pocket. I turned round and detected the prisoner with my handkerchief in his hand. I took him to the Gun Tavern and charged an officer with him. (The handkerchief produced and deposed to.)

Prisoner's Defence.

I saw the handkerchief about three parts out of the gentleman's pocket, I told him of it, and he catched hold of me. I drive a hackney coach.

Guilty . T .

40. (L.) Peter King was indicted for stealing a dead goose, value 3 s. the property of William Gould , Nov. 28 . ++

George Inwood . I am servant to William Gould , a poulterer , in Leaden-Hall market . Having seen the prisoner loitering about often in the market, I tried to detect him on the 28th of Nov. Seeing him near, I laid my head down as if I was asleep. William Stevens detected him; then I opened my eyes. We charged a constable with him.

William Stevens . The young man desired me to have an eye to his shop, while he went to sleep, as he pretended. I saw the prisoner look over at him divers times, to see if he was asleep. He went and stood behind a water-trunk, that joins to the board where the goose lay; he reached over the outside and took the goose, and was walked round the side of the shop. I ran and laid hold of him, and stopped him.

Prisoner's Defence.

I wanted to buy a goose. I cheapened it, and asked the man twice what he would have for it, he did not answer. I took it to carry it round to the door, to go into the shop. I never offered to run away, or conceal it.

Acquitted .

41. (L.) Solomon Bareau was indicted for stealing a silver watch, value 4 l. the property of William Miles , privately from his person , Nov. 9 . *

William Miles . On Lord Mayor's day, I was at the corner of St. Paul's church yard , about half an hour past three. As my Lord Mayor was coming by the corner there was a stoppage that I could not get along. (I was going to Fleet-street.) The prisoner was facing me. I observed he was looking at what he could get instead of looking at the people as they came by. He snatched hold of my watch chain and got my watch out; I got hold of his arm, and said, D - n you, you rascal, you have got my watch; I clapped my hand behind him, intending to get hold of my watch: some of his confederates behind him, I imagine, took it. It was gone: then he opened his bosom, and said, Search me. I took him by the collar and drawed him down towards the Old Bailey, and called constable, but could get none. I took him to Bridewell. There was a woman that appeared before my Lord Mayor when we were there, that swore she saw the prisoner draw my watch out of my pocket. I went to her last Friday, there were two Jews, who, I imagine, have inviegled her not to appear. (The prisoner is a Jew.) I had looked at my watch coming along Cheapside, but a few minutes before.

Prisoner's Defence.

I was seeing my Lord Mayor going by; the man said he had lost his watch; I told him I lived in Shoemakers-Row, and was a very honest young fellow. He searched me, I had no watch about me.

He called Aaron Aaron , Phoebe Moses , Mary Daniel , Rebecca Abisham , and John Cordwell , who said they had had dealings with him, and found him honest.

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

42. (L.) Moses Alexander was indicted for forging and publishing as true, a false and counterfeit bill of exchange , to this purport:

Leeds, Jan. 27, 1768.

Seventy-five days after date, pay to Mr. John Brown, or order, 135 l. 13 s. value received, as by advice of Richard Aked .

To Mr. Nathaniel Aked , Prince's street, near the Royal Exchange, London; with intent to defraud Messieurs Israel , February 10, 1768 . *

The bill was paid by the prisoner to Messrs. Israel, a merchant in Old Bedlam, who paid it to Mr. Cousins, a coachmaker, in Camomile-street. The bill was sent for payment to the drawer, at Leeds, who refused payment, Was arrested for it. Who suffered judgment to go against him by default, by which he acknowledged himself indebted on the bill.

Acquitted .

43. (M.) John Coward was indicted for burglariously breaking and entering the dwelling-house of John Perry , on the 13th of July , about the hour of two o'clock in the night, and stealing 10 s. in silver; 10 s. in half pence, and four china punch bowls, value 10 s. the property of the said John, in the said dwelling-house . *

John Perry . I keep the George alehouse , at Islington . On the 13th of July, my house was broke open. All was fast over night. I got up about three o'clock in the morning and observed the bar door open, and the till was gone. I looked about and missed another drawer and some punch bowls. I found the window was burst open, the sash was up, and the shutter open, and the bolt was on the bench on the inside the window. It was an inside bolt, wrenched off. I missed silver and half-pence, about 10 s. of each. I missed eleven china punch bowls. On the day before I saw the money; and, I imagine, there were more than I mention. Three weeks after I was robbed, I had two of my punch bowls brought to me: Isaac Elias , a Jew, brought one, and a woman the other.

Edward Williams . I can take my oath the prisoner at the bar is not one that was along with us in the robbery.

Acquitted .

See the trial of Joseph Walldock and James Dollanson for this fact, who were capitally convicted for the same, No. 502, 503, in the last Mayoralty; the accomplice, Williams, then swore, one Coward was in company at the time.

44. (L.) John Blanch was indicted for stealing a linen handkerchief, value 2 s. the property of Herbert Elderton , Oct. 28 . *

Herbert Elderton . Passing along Fleet-street , about seven o'clock in the evening, on the 27th of Oct. the prisoner at the bar was close behind me. I felt a hand in my pocket. I turned suddenly round, and found the prisoner taking it out of my pocket. I saw his hand drawing with something in it, which, in appearance, was a handkerchief, but it being lamp-light, I could not distinguish it to be mine. He had a very quick motion with his hand, as I have seen gentlemen exercise dexterity of hand. It was in a moment gone. I immediately seized him by the coat, and led him three or four doors to a fishmonger's; I had first felt and missed my handkerchief. There was only one person near me, he was on the other side, and by circumstances was his comrade. He was a young man, seemingly about twenty. He was about a yard from me. I sent for a coach and took the prisoner to the Compter; I desired he might be searched, but nothing was found upon him.

Q. Can you be certain whether he took your handkerchief or not?

Elderton. I can take upon me to swear, the prisoner's hand was in my pocket, and I seized his hand as it was rising up from my pocket, and I felt something go out, and I found my handkerchief was gone.

Q. When had you seen it last?

Elderton. I believe I had it about three minutes before. I had put it down to the bottom of my pocket, and buttoned my pocket. When he was in the Compter, he petitioned I would use my endeavour to get him sent to the East-Indies, saying he should be transported: he said he had rather go to the East-Indies than be transported, or words to that effect. I went to my Lord Mayor and found it could not be done.

Prisoner's Defence.

I was coming down Fleet-street, between the hours of seven and eight. I walked pretty fast. I was a little a-head of the gentleman. He endeavoured to get by me. He immediately seized me by the collar, and with his left hand got me by my left hand, and took me into a fishmonger's shop: he looked upon the ground, and could not find his handkerchief: then he said he supposed I might have swallowed it, as men do cups and balls. I was never nigh his pocket.

Guilty, 10 d. T .

See him tried before, No. 400 in Mr. Alderman Kite's Mayoralty.

45. (L.) Thomas Knight was indicted for the wilful murder of Robert Ball . He stood charged on the Coroner's inquest for manslaughter, September 7 . ++

Michael Ball . The deceased Robert Ball was my son; he was a clock-case maker ; the prisoner and he had been fighting some time; he stood up against a wall; I said, Robert, will you fight any more? he said, yes; they fought again. I saw but little of it.

Q. Where was this?

Ball. This was in the Bear and Dog yard, White-Cross-street . After the fight was over, the prisoner came and catched me by the nose, and said, you old blackguard, I will serve you as I did your son.

John Roberts . I saw the prisoner and deceased, just before they set-to to fight. They fought for a wager.

Q. Had they any quarrel?

Roberts. They were drinking together the over-night, on the 6th of September. I was not present when the wager was laid. The deceased fought the prisoner a guinea to his half guinea. I was with them the morning they fought, at the Three Jolly Batchers, in White Cross-street. That was Wednesday the 7th, at about eleven o'clock. They went out of the house to a ruinous sort of a place. They shook hands and stripped, and set to fighting. they fought some time. There were a great many people there. They broke in and shoved people about when the deceased was down; before he could get up again, they shoved people over him. I was obliged to take the poor man away. I said to the deceased, will you fight any more? yes, said he, I will fight again. They went in and fought again as long as he could: he laid down, and said he could fight no more: I tried to lift him up, he said, let me lay; and they were the last words I ever heard him speak. We got a chair and carried him to the public house where we came out of, and kept him there some time. Then we got a coach, thinking him a dead man, and took him home to his friends, in Peter-street, Clerkenwell parish; we got him to bed, and went up to the same house where we took him from, and in about an hour we had news come that he was taken to the hospital. I went to the hospital the same day, about six in the evening. He never spoke a word after the words, Let me lay. I saw him just before he died. The prisoner was at the public house when news was brought in by a young fellow that he was dead. The prisoner jumped up in a sort of brave manner, and said, D - n his eyes, I should not have fought, unless I had thought of killing of him. I jumped up and laid hold of him by the collar, and said, Mr. Knight you ought to be confined, I will take care of you till a proper officer comes. A young fellow said, he is not dead, but he is all but dead: then I let the prisoner go, and we ran to the hospital, and just saw him alive, and he expired immediately. I went up the street after the prisoner: he was at a public house with a great many of his acquaintance that behaved very bad at the fight. They said, Roberts, you have no business with it, let him go; the people said to me, you make yourself very busy; so I let him go.

Q. Was the prisoner drunk or sober?

Roberts. I believe he was not drunk. He had been at public houses.

Cross Examination.

Q. How long had you been in the public house before they went to fight?

Roberts. Not a quarter of an hour.

Q. Did not the prisoner want the deceased to wave the wager?

Roberts. Not as I know of.

Q. Did not the prisoner offer the deceased a shilling, if he would give up the wager?

Roberts. Not in my hearing.

Q. Did you not hear the deceased say, he would not take 10 s. and 5 s. 3 d. for the wager?

Roberts. No.

Q. Was not the father of the deceased at the fight?

Roberts. He was.

Q. Did he not encourage his son to fight longer than he chose?

Roberts. I did not see the father till I got the young fellow away, and they made out the ring again.

Robert Bridges . I saw the fight.

Q. Can you tell how they came to fight?

Bridges. No, I do not know how they came to fight: Roberts and I came together, after it was over. I heard the prisoner d - n his eyes and say, he would not have fought him, unless he thought to have killed him.

Q. How long was you there before they fought?

Bridges. I was there about ten minutes, or a quarter of an hour before. I saw them going to fight. I did not see any foul play.

Q. Do you remember the deceased, Ball, being taken out of the ring?

Bridges. I do; he came back again.

Q. Who persuaded him to go back?

Bridges. I do not know who persuaded him.

Q. Do you remember any words the deceased said?

Bridges. I remember he said, Let me lay. The last words he said were, Let me lay. We took him to the public house, and from thence we carried him in a coach home. I went in the coach with him. He bled all the way he went from his mouth and left eye and ears. He did not speak in the coach.

Q. Did you see him after that?

Bridges. I had hold of his left-hand when he died. He could not speak then. I, and a person that is not here, and Mr. Burgess, apprehended the prisoner. The people that belonged to him, of his own sort, came round us, and was rescued from us. We were obliged to let him go.

Q. What is the prisoner?

Bridges. He is a tin-men by trade. When we told him Bob was dead; he said, he would knock my eye out. I told him I would not fight.

Mr. Bodcar. I am a pupil to Mr. Young in St. Bartholomew's Hospital, I was not there when the deceased was brought in, he had been there about an hour before I came in; he was dead, I examined the body, and found several bruises, especially on his left eye. In all probability he died in an hour after he received it.

Q. Did you open the body?

Mr. Bodcar. The coroner did not require it, therefore we did not.

Q. What do you think was the cause of his death?

Mr. Bodcar. I judge, from the report we received, that as he was in full health before that time, that he died of the bruises and hurt he had then received. The eye was entirely closed when I came.

Richard Morris . I was going down White-Cross Street upon business. I saw a great mob in the Street, and a parcel of women said, the rogue will kill the man, there is such a mob about him. I asked what was the matter, they told me they were fighting down in the back ruins; I went down and into the ring. They broke very near me; Bell was down and the prisoner upon him; the prisoner's second pulled him up; just as he got up, his left foot kicked the deceased in the breast; I spoke of it; some that belonged to him said, what business had I with it? and told me I deserved a good licking. I got out of the ring; after that I saw them bring Bell up to a wall, there he stood as though he was dying, (they were both strangers to me) I said, Gentlemen, do not let them fight again, for I believe that man is dying. I kept out of the ring, hearing the prisoner had a very bad company belonged to him; presently they carried the deceased into a public-house, and I went in; the man seemed to be a dying.

Q. What are you?

Morris. I am a publican, and live in St. John's-Street.

Thomas Hudson . I saw the beginning of it, I keep the public-house; it was the night of a chair-club, a three-pence half-penny club. On the 6th of September, the night before the fight, the chairman did not behave so well as he should do; there was 2 s. and 3 d. half-penny missing; the deceased said, it was a very bad thing, so words arose: I was the loser of it. I said to the deceased, never mind it. Knight took the chairman's part; the chairman was a journeyman watch-maker. The prisoner was bragging, and said he could lick Ball. Ball said, what signifies what he says? I said, do not mind what he says. Said Anderson to Ball, I will back you, if you will fight him; they wanted to put their money into my hands. I would not take it. I said to Knight, what signifies fighting now, fight to-morrow; he went out naked, and I kept him out a quarter of an hour, and said, I would not let him in, unless he would be quiet. Then another would back the prisoner, for half a guinea, they aggrivated the deceased, and he said, he would fight a guinea to half a guinea. The bet was made, and they agreed to meet the next day, by ten o'clock, or lose their money; they put some money down, I know not how much. They came and fought down a packthread ground the next day, they neither of them drank much, they drank nothing at all to signify. I did not go down with them, only a butcher came and said, let us go down and see them fight; we were there just before they set too. I saw them strip.

Q. How long did they fight?

Hudson. I believe, first and last, they might fight two or three and twenty minutes.

Q. How long might they fight before the ring broke in?

Hudson. I believe they might fight six or seven minutes before that, the prisoner then had the worst of it to my thinking. Then there was a great mob; the ring broke again, sometimes they fought higgledy-piggledy, that a body could not see rightly. The prisoner was out of the ring while they made a fair ring again, but where he stood the while I cannot tell; I kept my own place, they set too again and there was a fall, and Ball could not get up any more, he was left behind. They asked me if I would let him come to my house? I let him. They brought him in, he had not strength to suck a lemon. I poured some vinegar down his throat, thinking that would break the clod of blood, that he might have got by straining himself in going to heave the prisoner. I ordered my maid to make the bed, and ordered my wife to get some white-wine whey made; there were a good many friends of his in the room; we persuaded the father to have a coach, and get him home. His father got a coach, and I lent him a blanket to take him away in.

Q. Did you hear what the prisoner said, when he heard the man was dead?

Hudson. The prisoner came in and wanted some beer to be drawn, and swore and blasted. I would not let him have any: he said. You old dog, I never fought a man, but what I intended to kill him, and blasted, and talked of fighting me; then I went and got a poker, and ordered him out of the house.

Cross Examination.

Q. Was not Ball called a fighting man?

Hudson. I never saw Ball fight in my life before.

Q. Did not the prisoner want to be off the wager in the morning?

Hudson. I said to Ball, be ruled by me, and forfeit the money; he is too young for you. Said Ball, I am almost sure of winning, and I will fight him.

Q. Did you not hear the prisoner say, he was willing not to fight?

Hudson. I did hear the prisoner say to the people, they might do as they please, he would fight or not fight.

Q. Who persuaded Ball to fight the second time?

Hudson. That I do not know.

The Prisoner said nothing in his defence.

For the Prisoner.

Thomas Simpson . I was at the public-house after the battle was over. I did not see the prisoner for two or three hours after it was over.

Q. Did you see the battle?

Simpson. I did, the deceased lay with me before the battle was fought.

Q. Have you heard of the deceased fighting before?

Simpson. I have.

Q. Was his father agreeable to his fighting the second time?

S impson. I believe he was. I heard his father say, he should go in again:

Q. Did you wager on this battle?

Simpson. I went part of the money with Ball. I and Ball went to see for a second. The prisoner followed; the prisoner was agreeable to make it up. Ball would give no hear to it.

Q. Did you speak to Ball about it?

Simpson. I did once or twice, but he would not give heed to it. I heard John Lamb offer to give them half a gallon of beer to drink, to make it up. After he had proposed to treat them; I was for making it twice the money, that was a guinea to half a guinea more. Robert Ball said, he would not.

Q. What are you?

Simpson. I am a carver, and work in St. Paul's Church-Yard.

Guilty of Manslaughter . B . Imprisoned .

46, 47, 48. (M.) Margaret, wife of Thomas Kelly , Eleanor, wife of Thomas, Morgan , and Ann, Wife of John Perkins , were indicted for stealing eighteen yards of muslin, value 18 s. and twelve yards of lawn, value 12 s. the property of William Chaloner , Nov. 30 . ++

William Chaloner . I am a linen-draper , and live in York-street, Covent-Garden . The prisoners have been at my shop divers times under presence of buying. I was sick in bed at the time the things laid in the indictment were stolen. They were missing about Christmas last.

John Jones . I am shop-man to Mr. Chaloner. These prisoners have often come to the shop, and asked to see trifling things; but I cannot say they ever took any thing away.

John Egan . The three prisoners and I were in the shop together; but I cannot tell the time, because I am no scholar. We went on purpose to take what we could. Sometimes we looked at muslins, sometimes handkerchiefs, and sometimes we wanted neckcloths. Mrs. Kelly gave some things to Sarah M'Fall. Mrs. Perkins took one piece of neckcloths, Mrs. Kelly took another, and the other woman took another. They made a common practice of it. Some of the goods were pawned; some were sold. Mrs. Perkins pawned them all that were pawned; and she sold the others, and the money was divided among us. I had part of it, as far as it went. M'Fall had some of it. I went along with Perkins when she pawned seventeen yards of muslin, in Bishopsgate-street.

John Delafare . I am a pawnbroker, in Bishopsgate-street. (He produced thirteen pieces of muslins and lawns.) Mrs. Perkins pawned these with me at different times. The 28th of March next will be two years since she brought some of them: the last was about November was twelvemonths. She used to tell me she brought them for one Mr. Scott in Hoxton-market-place, a man that deals in drapery.

Prosecutor. All these pieces I can swear to: there are my marks upon them all. This pawnbroker has three times as many, which I left, they not having my marks on them; I do not swear to them, but I think they are mine. I have seen Kelly in my shop within this month.

Q. to Delafore. To what amount might Perkins and you have dealt thus?

Delafore. I believe we may have dealt to the amount of about 20 l. Egan was never in my shop but once, and that was with Perkins; then she brought seventeen yards of muslin. She said it was worth 9 s. a yard. I lent her 3 l. 8 s. upon it. She told me that was Mr. Scott's. Egan never said a word: she said he wanted money to make up a bill.

Prosecutor. These seventeen yards of muslin, and twelve yards of lawn, (taking them up from the rest) are my property.

Kelly's Defence.

I am as innocent as the child unborn: Egan took me up to clear himself.

Morgan's Defence.

I never laid my eyes upon the gentleman till I was taken up last Saturday three weeks. I do not know the shop.

Perkins's Defence.

Egan and his wife brought them things to me to pawn, and I pawned them for them: he went along with me to the pawnbrokers.

Kelly and Morgan, Acquitted .

Perkins, Guilty .

Morgan was detained to be tried on another indictment at Hicks's-hall.

(M.) Ann Perkins was a second time indicted for returning from transportation before the expiration of her time .

Henry Coulson , the goaler at Leicester, produced a copy of the record of her trial and conviction: It was read in court, wherein it appeared she was tried at Leicester, on the March Assize, before Sir Joseph Yates , and others, &c. in the sixth year of his present Majesty, for stealing a quantity of linen, in the dwelling house of James Whiteman . That she was found guilty of stealing the goods, but not in the dwelling-house; and received sentence to be transported.

Coulson. I know the prisoner; I saw her tried for that offence mentioned in this copy at Leicester. She was convicted, and delivered with the rest of the transports. He produced the contract for the transportation of her with others with the clerk of the peace.

John Lewington . I live in Great Wyld-street: I took the prisoner, and Egan, and Eleanor Morgan up. They were stealing cheese, in Duke-street, Lincoln's-inn-fields, on the 19th of November. She was then at large till I had her in custody.

Prisoner.

O, consider me, on account of my age.

Guilty . Death .

49, 50, 51, 52. (M.) William Goff and Robert Marlow were indicted for stealing thirteen sacks of coals, value 1 l. 14 s. the property of Frederick Miller ; and Edward Roebuck and Charles Jones for receiving the same, well knowing them to have been stolen . October, 20 . *

The principals were guilty of an offence, but it did not amount to a felony; therefore they, with the accessary, were all three acquitted .

53. (M.) William Thomas was indicted for forging a receipt to a bill, and publishing the same, with intent to defraud the Honourable Felton Harvey , Esq ; May 4 . *

Felton Harvey, Esq; The prisoner was my servant . For about eight or nine months, he was employed, whilst in my service, to pay every body every Monday morning. He used to shew me the expences of the week preceding, and to bring me the receipts constantly every week from the different tradespeople; butcher, grocer, baker, and others; and he had always money before-hand to pay. When he produced their receipts, I paid him: and the running cash went on from week to week. The receipt in question he delivered to me about the 4th or 5th of May last; purporting to be a receipt from Duncan Watson, the baker. The prisoner likewise signed a weekly account in a book; and this very receipt was also in that account. I had frequently found him very remiss, and had chid him; but finding no amendment, I discharged him about the beginning of October. I went down to my country-house at Berry: there I found I had too good reason to suspect he had been playing tricks there. I came up to London, and desired Sir John Fielding to grant me a warrant, I having been at the butchers and bakers, and found he had forged several receipts. I found he had taken coach to go to Oxford, and from thence to Worcester. I got Sir John Fielding to write to the Mayor of those places. And the Mayor of Worcester, in consequence of that, took the prisoner up. I first saw him about a fortnight ago at Sir John Fielding 's: he was charged with this there. He said he knew he had been guilty of very great offences; and hoped I would shew him mercy, having nothing to say in his defence.

The Bill produced in court. It was read to this purport.

"Mr. Harvey's bill, May 2. s. d.

"8 Loaves of bread, 0 4 6

"Received the full contents of this bill,

"D. Watson."

Q. Have you any witness here to prove this receipt is not Duncan Watson's hand-writing?

Mr. Harvey. No, I have not.

Prisoner's Defence.

I am not guilty of it.

Acquitted .

(M.) He was a second time indicted for forging and publishing, as true, a receipt to a bill with intent to defraud the Honourable Felton Harvey, Esq. This was a receipt to John Bryne , the butcher's bill, for 1 l. 5 s. 5 d. There were no evidence produced to prove the receipt was not the hand-writing of John Bryne .

He was Acquitted .

54. (M.) Samuel Thomas was indicted for receiving thirty-three geese, value 5 l. well knowing them to have been stolen by Edward Sullinge , and John Wilkinson , the property of John Balch , Jan. 14, 1767 . *

There were no evidences to the fact, but the two accomplices.

He was acquitted .

See the trial of Sullinge, and Wilkinson, Number 136, 137, in Sir Robert Kite 's Mayoralty.

55. (M.) Robert Williams was indicted for the wilful murder of John Cuningham . He stood charged on the coroner's inquest for manslaughter, Nov. 5 . *

John Robinson. I am almost fourteen years of age. I went one day into the fields a bird-catching with the deceased.

Q. How old was the deceased?

Robinson. He was about my size, about fourteen years old. This was in a field near Paddington , about half an hour past seven in the morning. The deceased catched seven birds out of nine, that came over a hedge; he catched them with twigs. Williams sent a boy to spoil his twigs; that boy was named Sharp, he was helping the prisoner. Cunningham attempted to push Sharp down the bank: his twigs were upon the bank. Sharp spoiled some of his twigs.

Q. How big was Sharp?

Robinson. He was a great deal bigger than me. He began to beat Cunningham with a stick. Cunningham then went and sat down upon Williams's nets, because he should not get any more birds. Williams came and talked with him. The boy would not get off. He talked with him near ten minutes: then he hit him three or four times with a stick, and kicked him.

Q. How big was the stick?

Robinson. It was as thick as my thumb.

Q. On what part did he kick him?

Robinson. He kicked him on the private parts: he kicked him but once. Then Cunningham came away to us: then he and I came home. He complained very much of his back. I saw no more of him till after he was dead, which was about a week after.

Q. Did you see any bruises upon him after he was dead?

Robinson. I saw none, but on his groin; he was very black, and swelled very large.

Q. What became of Williams, when you went away.

Robinson. We left him in the field.

Q. Are you certain Williams kicked the deceased?

Robinson. I am very certain he did.

Thomas Cooper . I am an apothecary. On the 10th of November, I was sent for by Cunningham's mother. I found the lad in desperate convulsions: I gave him no medicine then. I went again at night and brought him out of the fits. He was the next day in very great pain. All he said was, O my belly! O my belly! not a word how it was done, nor who did it. Upon searching him, I found a rupture: one testicle was swelled, and very black. He died on the 12th of November. I really believe he died of that rupture.

Mary Trollop . I heard the deceased say, the prisoner gave him a stroke or two; but did not hurt him. He said it was Sharp that did it. I heard him complain of his belly. I saw him the next day after he came home, and three or four days after I saw the swelling on his groin, it was exceeding black and very large, and he was in a vast deal of pain: he was then in bed. Sharp's father came to see him, and brought his son. Cunningham knew him, and said it was Tom Sharp that hurt him: Sharp fell upon his knees, and said forgive me. Cunningham said yes, I do: God bless you. I heard him say, Williams! Williams! just before he died.

William Cunningham . I am father to the deceased: he told me Williams set Sharp to beat him, and he did beat him; and after that Williams came and beat him with a stick. I asked my boy why he did not tell me sooner? He said Williams kicked him in the groin, and he lay about a quarter of an hour in the grass before he could recover himself. He said Sharp hit him once or twice with a stick.

Mrs. Cunningham. My son said Tom Sharp hit him with a stick once or twice. I asked him if any body else did? Yes, said he, old Williams hurt me in my groin; and I was afraid to tell my father, lest he should be angry. Sharp came to my son said, God bless you! God bless you! And a little after that, he cryed out, Old Williams! old Williams! Sharp kneeled down and asked my son's pardon.

Q. to Robinson. Are you sure he did not kick the deceased?

Robinson. I am certain sure he did not; nor did he offer to lift his foot up to him.

Q. How near was you to Williams at the time?

Robinson. I was about an hundred yards from him when he kicked the deceased. I am sure I saw him kick him in the groin. Cunningham came immediately to me, and we went home together. He lay on the grass, and cried murder several times for about ten minutes.

Q. How long after Sharp beat him was it that he went to William's nets?

Robinson. About a quarter of an hour after.

Prisoner's Defence.

Just before the deceased's death Robinson was sent for: he then, upon oath, said I was not the person that kicked the lad, but it was the other lad with them.

Q. to Robinson. Did you say before the lad's death, that Williams did not kick him.

Robinson. I did say so.

Q. How is it you now say he did?

Robinson. Because the little boy that was with me, bid me say so.

Acquitted .

56. (M.) John Corsithe , for making an assault on Joseph Ferdenando Gillioe , in a certain field near the King's highway, putting him in bodily fear and danger of his life, and taking from his person a woollen cloath coat, value 4 s. and a silver salve box, value 4 s. the property of the said Joseph, against his will , Nov. 18 . *

Acquitted .

57. (M.) David Price was indicted for stealing a cloth coat, value 10 s. a scarlet cloth waistcoat, value 5 s. a pair of cloth breeches, value 2 s. and a pair of stocking breeches, value 2 s. the property of Pierce Egan , Nov. 30 . *

Acquitted .

58, 59. (M.) John Knight and Ann Williams were indicted for stealing seven yards of printed linen, value 10 s. the property of John Hannington , October 24 . *

Knight Guilty . T .

Williams, Acquitted .

60. (L.) John Burnett was indicted for stealing a linen handkerchief, value 10 d. the property of John Phipps , November 24 . ++.

John Phipps . On the 24th of November, between eight and nine in the evening, I was coming from Cheapside. At the corner of St. Paul's Church-Yard , I felt something at my pocket, I put my hand down, and found the prisoner's hand in my pocket; I catched hold of his arm; he had not got the handkerchief quite out; he finding I had hold of him, let the handkerchief go.

As the handkerchief was not quite in the prisoner's possession, he was Acquitted .

61. P - C - was indicted for stealing a gold snuff-box, value 20 l. the property of John Jacobs , October 25 .

To which he pleaded Guilty . T .

62, 63. (L.) James Hines was indicted for stealing a silver table-spoon, value 10 s. the property of Michael Hines ; and Jane Hines . for receiving the same, well knowing it to be stolen , November 25 . ++

Michael Hines . I live at the Brown-Bear, in Moor Fields . I am a publican . The boy at the bar lived with me a month all but two days. On the 25th of November, I missed a silver table-spoon; the boy was in the house half an hour before it was missing. I had stirred some brandy and water with it that morning about eight; the prisoner went away the same day about ten. After that, I found it at Mr. Seabrook's, a pawnbroker, who had stopped the woman at the bar with it.

Q. Where had you put the spoon, after you stirred the brandy and water with it?

M. Hines. It was put in the bar.

John Seabrook . I am a pawnbroker, and live on Snow-Hill. The boy at the bar brought this table-spoon to me, on the 25th of November, about nine in the morning; I asked him, how he came by it? he said, he brought it from his mother; I returned it him, and desired him to let his mother come with it. In the afternoon, the mother, (the woman at the bar) came with it. I asked her, if it belonged to her? she said, she brought it from Mrs. Williams's, in Turn-again-Lane: I said, I would keep the spoon; and desired her to send Mrs. Williams to me. On the Saturday morning, the woman came again; and I insisted on her bringing Mrs. Williams. She brought another woman, named Skeyton; I asked Mrs. Skeyton, how long she had had that spoon? she said, about fifteen years: I asked her the marks upon it? she could not tell me. I asked Mrs. Hines, where her son lived? she said, at Mrs. Hines's, at the Brown Bear , Moor-Fields. I went there to know farther about it; and Mr. Hines came and said, he had missed the boy, and claimed the spoon.

James Hines 's Defence.

I am about 13 years of old.

Jane Hines 's Defence.

I did not know of my son's leaving his place, till he came home; when he said, Mother, I have found a spoon; I asked him, where? he said, in Turn-again-Lane. I chided him for it. I never found him guilty of stealing any thing in my life.

To their Characters.

Mary Mitchel . I have known the woman at the bar between three and four years; she always behaved with great honesty to me; I have employed her.

Q. What are you?

M. Mitchel. I am a green-grocer.

Mary English . The woman at the bar was a lodger with me about three months to the time this happened. The boy came home on the Friday, and left his basket upon the table. She said, what is this boy come away for? I cannot think what is the matter! A lad that was there, said, he believed he was in at the Baptist's head. When he came in, his mother said, now come along, and let us go to your master; the boy said, my master is not in the way, if I do; I will go with you to-morrow. He again said, come along, mother, I have found something; she said, what is it? he shewed her a spoon. Where did you find it? said she; said he, I found it in Sea-coal Lane. Then she said, I will go and get you a pair of shoes, and you shall go to your master in the morning.

Thomas Clennel . I have known the woman 12 years; she is an honest, hard-working woman; I made baskets for her husband and she.

Mary Price . I have trusted the woman at the bar with money and goods; I always found her very honest; I never heard no worse of her.

James, Guilty . T .

Jane, Guilty . T. 14 Years .

64. (L.) George Glass was indicted for stealing four pounds weight of raisins, value 2 s. half a pound weight of almonds, value 6 d. and 2 s. 6 d. in money, numbered , the property of Moses Harrison , December 5 . ++

Guilty. Recommended . B .

65. (L.) George Wilkinson was indicted for stealing a pair of worsted stockings, value 1 s. and a cloth coat, value 3 s. the property of Charles Pearsey , and a cloth waistcoat, value 3 s. the property of Michael Greenstreet , November 27 . ++

Acquitted .

66. (M.) Isaac Phillips was indicted for stealing three yards of woollen cloth, value 40 s. the property of Samuel Ament , privately in his shop , October 24 . ++

Samuel Ament . I am a woollen-draper and salesman , and live at No. 27, in Hollowell-street, Shoreditch . The prisoner came into my shop the 25th of October, about ten or eleven in the forenoon; he wanted to see a pair of black stocking breeches; I shewed him a pair: he went to the end of the compter in order to try them on. At the end of the compter there lay some Bath-coting, and some other things: they did not fit him; I reached him another pair, he said they did not; then I reached another: then he walked out with a pair, in order to show me that they did not come high enough on the hip. Then he said, as they did not fit him, he would call again in an hour: as he was stooping to buckle his shoes. I observed something bulky on his back part: I laid hold of his coat, (he had two coats on) I said, what have you got here? You have something that you should not have: he said no, I have nothing at all. I said, you have made a great mistake; let me see what it is. With some difficulty I got to the bell, and rang for my people to come down; I being a constable, thought proper not to act on my own account. I sent for another officer, I was obliged to let go the piece to ring the bell, and then he let it drop; I found, when I had hold of the end of it, part of it was in the waistband of his breeches, and great part hung out. (Produced and deposed to.) It lay upon a shelf on the same side he was on, beyond the compter about a yard and quarter from the place were he was trying the breeches, before he took it.

Samuel Fletcher . I am the officer; the prosecutor sent for me; I asked the prisoner, how he came to do so? I had charge given me of him. Mr. Ament said, he pulled it from the prisoner's breeches. The prisoner said, he pulled it from himself, and that he did not know how it came into his breeches: he offered to make the prosecutor a present of two guineas, if he would not take him before a magistrate: Mr. Ament said, he would not take any thing, he should take what the law allowed.

Prisoner's Defence.

He stood by me when I had the breeches on. I came to his shop for a pair of stocking breeches: he said he had none, but he had black cloth ones; he showed me a pair; I said they were too big for me; I would not try them on a good while; he desired I would, so I did; he showed me the place where I might try them; this piece of cloth lay on the compter, with other cloths; the breeches were too big for me; he showed me two other pairs, they did not sit; he said he could get me a pair in two hours: I asked him the price, he said fifteen shillings; I offered him nine; he fell into a passion, and said I came to steal his cloth; and called me all the Jew thieves and villains he could; and said, before I go out he would search me: I went to put my breeches on; he said, pray how come this cloth off the shelf? I stood still, and said not a word; he took hold of the cloth and called for assistance; I was with my breeches half on and half off; he called his people down, and gave charge of me; and sent for a constable: the constable said, it was impossible I could put them in my breeches; he insisted upon holding me; I said I would not be held; he was taking me before a justice; I said then, I would have a coach; then I said, I would give two guineas for any of my relations to be there, to see how ill I had been used; when I came before the justice, I did not know whether I was dead or alive, I was so surprized; I was sent from thence to Clerkenwell Bridwell.

He called James Fromantele , Levi Frederick , Abraham Bullflipman, Henry Keys , William Wright, and Hyam Levi, who said he was an industrious man, and had a general good character.

Guilty, 4 s. 6 d. T .

67. (M.) William Perrott was indicted for stealing a cloth coat, value 4 s. and a cloth waistcoat, value 2 s. the property of Julias Delavae , October 15 . *

Julias Delavae. The prisoner was my fellow apprentice ; on the 15th of October, my coat and waistcoat were in my box, in my master's garret; I had seen them about half an hour past seven in the morning: I mist them about eight at night. The prisoner was taken up last Monday, then he confessed he had carried them and pawned them at Mr. Stiles's, where they were found. (Produced and deposed to.)

Thomas Gimston . I live at Mr. Stiles's, a pawnbroker. On the 15th of October, the prisoner pledged these things with me for 5 s.

Prisoner's Defence.

I never did such a thing before.

Guilty . T .

There was another indictment against him.

68. Susannah Nash was indicted for stealing a feather-bed, value 5 s. two pillows, value 1 s. a bolster, value 1 s. two green bed-curtains, value 1 s. one linen quilt, value 1 s. one oak table; one looking-glass, and a pair of blankets, the property of Francis Shields , in a certain lodging-room let by contract , &c. October 29 . *

Francis Shields . The prisoner took a lodging of me and had been in it seven or eight months. She paid me regularly; she quitted the lodging about a month or six weeks ago: she left only the bedstead in it, and took the key with her: she not returning in four days, we opened the door. I met her in the street and got the key after; and charged her with taking the things; she owned she had taken them; and went with me to the pawnbroker (name Murthusate) where she had pawned some of the things; and some were sold, some I had again.

Prisoner's Defence.

I was in great distress when I took them.

Guilty 10 d. T .

69, 70. (M.) John Gates and William Cook were indicted for stealing a promissory note, signed under the hand of John Paden , for the payment of 10 l. being due and unsatisfied, a leather pocket-book, a hundred walnuts, a black lead pencil, a pair of spectacles, and two brushes , the property of David Jones , September 28 . *

David Jones . I am a painter , and live in Vernon-court, Holbourn; about the 28th of Sept. I was at work at Lee-bridge : I had laid my coat down in a room under the bridge; with a pocket-book in the pocket, with the promissory note in the book. I went to put my coat on at night, and mist the things mentioned in the indictment. I never got them again, only the pencil found upon one of them.

The prisoner being both very young were not called upon to make their defence.

Both acquitted .

71. (M.) Elizabeth Smith , spinster , was indicted for stealing two guineas, a silk handkerchief, value 3 s. and a linen ditto, value 1 s. the property of Edward Milbourn , October 26 . *

Jane Milbourn . My husband is an officer belonging to the Marshall's Court ; we live in the Strand . The prisoner had been my servant about a fortnight, I went up stairs and were telling some money. I did not know she was there; she came and looked over my shoulder; and said, Lord, what piece is that? I had some five guinea pieces; I shewed her one; and bid her go and make the bed in the next room. Presently somebody knocked at the door; I ran down to let them in. I left my money in the bag, on a locker in the window, there was 40 l. of it. I had just told it. I came up again in a minute; I am sure I was not above. The prisoner was making the bed in the next room; when I came up, I put my money in the locker.

Q. Is yours a lock-up-house for prisoners?

J. Milbourn. It is. The prisoner was about going away, she would not do for me; she only staid a day or two till I could get another. After she was gone, she came again dress'd in gauze and a black apron, and other things, with a new gown; then I thought about my money; I looked in my bag and mist two guineas; and I mist a silk and linen handkerchief out of my drawers. I took her up, and heard her say she took two guineas out of the bag as it lay in the window. he said, she lost one of the handkerchiefs, and left the other at the place were she was gone to live.

Maria Sparks . I live in Orchard-street, Westminster, I was at Mrs. Milbourn's house when the prisoner was brought back. I asked her, how she came to take two guineas? she cryed, and said, she did not. I said, you know you have done it, Betty; don't deny it. Then she said, Madam, I will tell you the truth, I really did take it. I asked her what she had done with the handkerchiefs; she said, left one at her place, and had lost the other.

Prisoner's Defence.

Mistress called me up stairs, and pulled out a piece of money, and bid me look at it; and asked me if I know what piece it was; I said I did not; she bid me feel the weight of it; and called me a stupid girl, because I did not know what it was. I never took none of the money.

To her Character.

Elizabeth Edwards . I live at Brumpton, I have known the prisoner five years; she lived with me four years: she went from me three quarters of a year ago. She has a very honest, just character. My husband is a Botannick gardener. I would be very glad to take her again, was she at liberty.

Acquitted .

72. (M.) George Allen was indicted for stealing two woollen covers for coaches, value 4 s. the property of William Sutton , Esq ; Oct. 4 . ++

Acquitted .

73. (M.) Bartholomew Fanton was indicted for making an assult on Ann Roch , an infant , on the king's high-way, with menaces, oaths, and imprecations, with intent, the money of the said Ann, to steal , &c. December 6 . ++

Ann Roch . I was twelve years of age the 2 d. of June last, I came from the Foundling-hospital, to live with a gentlewoman on Clerkenwell-green . Last Tuesday night, about half an hour after six in the evening, my mistress sent me for two yards of three-penny ribbon; I had six pennyworth of halfpence in my hand; I was got but three doors from our house, the prisoner whom I had never seen before, to my knowledge, came and got hold of my hand; he tried to open it, and could not; he put a blue and white handkerchief to my mouth; and put his foot out and throwed me down upon the pavement; and tried to get my money out of my hand. I screamed out murder, for God's sake; he roiled me about, and made me very dirty. He run away at last, and a gentleman catched hold of him.

Q. Did the prisoner say nothing to you?

A. Roch. He d - d me, and said I was a b - h, and said he would tell my father, and that he knew him extremely well; he had the blue and white handkerchief in his hand, when he was brought to me again. She produced her cloaths all very dirty.

Q. from prisoner. Did I strike you?

A. Roch. No, you throw'd me down though. There was a halfpenny missing. I kept the rest in my hand.

Martha Wintles . I had been in Wood's-close; coming home I heard a child cry out bitterly. At last I heard her cry, don't murder me for God's sake. I ran and saw the prisoner make off; and he clapped his back against a door. seeing he could not get away; I was within ten yards of him before he left the child. She had a lump on her head, by the fall, as big as an egg.

Anthony Simpkin . I saw the prisoner trip up the girl, I ran and catched him by the collar, before he got twenty yards from her.

Prisoner's Defence.

I was coming from Clerkenwell-green, going into White-cross-street. This girl was running, she ran against my head; I laid hold of one of her hands, and she fell down: she called out murder; I did not wilfully throw her down. I am a paper-stainer, and work for Mr. Chitty.

Acquitted .

74. (M.) Milliam Duggin was indicted for stealing a tortoise-shell snuff-box, set in silver, value 20 s. two silk handkerchiefs, value 5 s. and a pair of worsted stockings, value 1 s. the property of James Savage , Nov. 13 .

The prosecutor was called, and did not appear.

Acquitted .

His Recognizance was ordered to be estreated.

75. (L) John Dodson was indicted for stealing a linen handkerchief, value 10 d. the property of William Flack , November 15 . *

William Flack . I was in Guild-hall , on the 9th of November, between twelve and two, standing to see the lottery drawn; Mr. Pain was there; he came and asked me, if I had lost my handkerchief; I felt, and said I had; he catched hold of the prisoner, and took my handkerchief (I think) from out of the prisoner's bosom. (Produced and deposed to.) I know I had it in my pocket when I was in the Hall. The prisoner was carried before Sir Robert Kite . The prisoner said, he was willing to go abroad if he could be forgiven.

William Pain . I was in the Hall, and by the behaviour of the prisoner I thought him to be a pickpocket: he followed this gentleman very close, and made several attempts at the handkerchief, before he could get it out; I was close by him: and by the motion of his arm, I imagined he put it in the fore part of his breeches. Then he was making away out of the great door; as soon as he had past by me, I clapt my hand upon the prosecutor's shoulder; and said, have you lost your handkerchief; he felt, and said, he had: I said follow me: and we took the lad before he got out of the hall door, he had the handkerchief in his breeches. The prosecutor described it before he saw it, before Sir Robert Kite ; the prisoner confessed he took it; and said, it was the first offence; he has very good friends, who promise to send him abroad if he should get clear.

Prisoner's Defence.

I felt something soft under my feet, I stooped down, and took up the handkerchief; and Mr. Pain said, I took it out of the gentleman's pocket.

For the Prisoner.

Simon Evinginham . I am a linen-draper and live in Aldemanbury, the prisoner lived with me a year and three quarters as a porter; he left me about four months ago; his behaviour was always extremely good; I have trusted him with thirty, forty, or fifty pounds at a time, and the money came home safe. I should have no objection to taking him again if I wanted a servant. I have heard he has been two months in the hospital since he left me.

Guilty. Recommended . W .

76. (M.) Joanna Preston was indicted for stealing two bed curtains, value 1 s. a cloke, or cardinal, value 7 s. a pair of woman's stays, value 4 s. two coloured aprons, value 1 s. one linen handkerchief, value 1 s. and 6 d. four linen caps, value 6 d. a child's linen gown, value 4 d. a flat-iron, value 6 d. and a looking-glass, value 6 d. the property of Alice Owen , widow , November 15 . ++

Alice Owen . I live in Red Bull-yard, Clerkenwell . About five weeks ago the prisoner lodged in my own room with me: she had not been with me above seven nights before I went out, and left her in the room; I was not gone above twenty- three minutes; when I returned she was gone, and all the things laid in the indictment. (Mentioning them.) I never saw her again till she was taken up; which was Monday was se'nnight.

Sarah Fitter . I saw the prisoner go out of the prosecutrix's house, that day she was robbed, with a lap full of things.

Prisoner's Defence.

On a Saturday night before this, she asked me for a bit of fish; she went out to buy some. I went to buy a pair of shoes in Rosemary-lane, and met with a woman, where I staid all night; after I heard she had been robbed: I came to her: she charged me with taking her things.

Guilty, 10 d. T .

77. (L.) William Hewitt was indicted for stealing a linen handkerchief, value 10 d. the property of Thomas Thwaites , Nov. 22 . ++

Acquitted .

78. (L.) John Stormer was indicted for stealing an iron saw , the property of Samuel Blunt , Nov. 9 .

Guilty . W .

John Urquhart , otherwise Richardson , Patrick Hanlon , William Miller , and Edward Williams , capitally convicted, in October Sessions, were executed on Wednesday, the 23d of November.

The Trials being ended, the Court proceeded to give Judgement, as follows.

Received Sentence of Death, Seven.

John Andrew Martin , William White , John Fennell , Thomas Towell , Charles Crew , Ann Perkins , and Elizabeth Richardson , otherwise Forrister.

Transportation for fourteen years, One.

Jane Hines .

Transportation for seven years, Twenty-seven.

Thomas Thorman , Ann Bailey , Elizabeth Adley , Thomas Pain , William Parker , Solomon Bareau , John Blanch , James Hines , Benjamin Burton , Francis Fitzpatrick , Mary Berrisfort , Mary Ann Flint , Thomas Daws , John Twyner , P - T -, William Harris , John Wiltshire , Cornelius Connelly , John Lewis , John Knight , Joanna Preston , Isaac Phillips , James Gayler , otherwise Galen, Arnold Pritchard , William Perrot , and Susanna Nash .

Branded, Two.

George Glass , and Thomas Knight ; the last to be imprisoned three months in Newgate.

Whipped, Six.

Sarah Gould , John Stormer , John Dodson , James Clark, John Pool, and Joseph Brown , otherwise Bowen. The two last a hundred yards, in Thames-street, near Smart's-Key.

Elizabeth Richardson , otherwise Forrister, was executed on Wednesday, the 21st of December, having been respited till that time, on account of the sheriffs attending the election at Brentford.

John Urquhart , otherwise Richardson , Patrick Hanlon , William Miller , and Edward Williams , capitally convicted, in October Sessions, were executed on Wednesday, the 23d of November.

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