Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 22 September 2014), January 1769 (17690112).

Old Bailey Proceedings, 12th January 1769.

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 Thursday the 12th, Friday the 13th, Saturday the 14th, Monday the 16th, and Tuesday the 17th of January, 1769.

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

NUMBER II. 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; the Honourable Sir Thomas Parker , Knt. Lord Chief Baron of his Majesty's Court of Exchequer *; the Honourable Sir Henry Gould , Knt. one of the Justices of his Majesty's Court of Common-Place +; the Honourable Sir Richard Aston , Knt. one of his Majesty's Justices of the Court of King's Bench ||; James Eyre , Esquire, Recorder ++; and others of 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.

James Buckland ,

John Barret ,

Charles Dale ,

Gilbert Wintle ,

John Robertson ,

Matthew Thornton ,

John Luntley ,

William Chawner ,

James Pitt ,

Silvanous Hall ,

John Brian ,

William Norris .

Middlesex.

Henry Atkins ,

Silver Crispin ,

Thomas Lovett ,

William Wilkinson ,

John Braithweight ,

Nathaniel Morgan ,

Thomas Taylor ,

Robert Gouland ,

William Halfpenny ,

Richard Wall ,

Lawrence De Rippe ,

Thomas Holgate . *

* William Sharp served part of the time in the room of Thomas Holgate.

79. (L.) John Purney was indicted for stealing a linen handkerchief, value 10 d. the property of Robert Wood , December 25 . ++

Robert Wood . On the evening preceding St. Thomas's day, as I was going from Cheapside into St. Martin's le Grand , about six in the evening, I found something disturb my pocket; I immediately turned round and discovered my handkerchief in the prisoner's hand, holding it out to another person, whom I apprehended to be his associate, saying at the time, Here, here, or Take it, take it, I am not sure which. The other person, seeing I observed it, refused taking it, so it fell to the ground. I took it up, and took hold of the prisoner, who used me with a good deal of effrontery, but at last fell on his knees and begged for mercy.

Prisoner's Defence.

Going along the street, the gentleman turned round and seized me. I never had his handkerchief.

Guilty . T .

80, 81. (M.) John Clark and Thomas Wilson were indicted for stealing an inland bill of exchange, subscribed J. Adams, bearing date the 17th of November, 1768, for the payment of 18 l. directed to Mess. Baldero and Co. the property of William Smallwood , the same being due, and unsatisfied , December 11 . +

William Smallwood . On Sunday evening, the 11th of December, I was at Mr. Thornley's in Russell-Street, Covent-Garden. About eight in the evening, Mr. Phillips of Drury-Lane came to me, and told me we had been robbed. I immediately went home, and found my bookcase open, and a drawer, in which I kept the principal part of my papers, quite empty, I missed some cash in gold, two crown pieces, and two pieces of old coin. I was informed by the servant that lives in the other part of the house (it is a double house) that she had let Clark in thro' her house. Clark was my servant. I immediately went to his mother's in Old-Bedlam, I told her what had happened, but he had not been there. I came home, and sent two messengers to Harwich, and I sent to the Gravesend tilt-boats, describing the prisoners. The other prisoner, Wilson, was an apprentice to Mr. Phillips of Drury-Lane, who was missing at the time, and they being intimate, we suspected they were gone together. I sent Mr. Swanston and my son to Dover, and on the Tuesday they returned with the two prisoners to London. They brought me four of my bills. That mentioned in the indictment was one, and some of the money which is laid in another indictment. (The bill in question produced and road, to the purport as in the indictment.) The prisoners were brought in a coach to Sir John Fielding 's; they were committed. I never conversed with them at all.

Timothy Swanston . I went with Mr. Smallwood's son to Dover. One Mr. Pain had taken the two prisoners before I came there, I not going so fast in a chaise, as the other on horseback. I brought the prisoners to town. They confessed the whole to me, and they both said, they proposed, after they got to Calais, to return the bill back to Mr. Smallwood.

John Pain . I keep the London Inn at Dover. On the 12th of December, the two prisoners came and breakfasted at my house in the morning they desired the waiter to get a box to put their clothes in, and said they were going to Deal, to go on board an India ship. Soon after they were gone, came Mr. Smallwood's son, and another man on horseback; they asked, whether such persons had been at my house? I told them there had, and I would assist them in taking them. I ordered my horse to be saddled. I found; instead of going to Deal, they were gone to Folkstone; then I applied to the mayor, to stop any body that was suspected: I then went round the town, and in the middle of the town I met them both; I laid hold of them, took them into a house, and searched them. Clark delivered the bills up to me, out of a pocket book. When I told them, I was informed they had robbed their masters, they made very little answer; one delivered up the pocket book, and the other about 29 l. in cash. I brought them back to Dover; by that time Mr. Swanston was come, and I delivered the prisoners up to them.

Clark's Defence.

I was a little in liquor.

Wilson's Defence.

I was also in liquor.

Both Guilty . T .

There was another indictment against them for stealing five guineas, and two crown pieces, the property of Mr. Smallwood.

82. (M.) Jonathan Hall was indicted for falsely making and forging a certain order for the payment of money, with the name John Smith subscribed thereto, directed to Mess. Fuller, Baker, and Halford, for the payment of money, to this purport:

"12th of Oct. 1768. Pay

"to Mr. J. Hall, or bearer, 18 l. 18 s. John

"Smith." And for uttering the same, with intent to defraud John Barbe , October 17 . *

John Barbe . I am a working-silversmith , and live in St. Giles's in the Fields . On the 17th of October last, the prisoner came to me, and bargained for a couple of silver sauce-boats, and a laddle. I told him, They were not fit to deliver, I must clean them up. He said, It was no matter, they were going into the country. He said, He was going to Soho-Square, and desired me to make a bill against he came back. I said, In what name? He said, In the name of John Hall. When he came back, I delivered them to him, and he delivered me a draft upon Fuller and Co. for 18 l. 18 s.

John Vaughn . I am clerk to Mess. Fuller, Baker, and Halford. I have the draft here. I received it of Mr. Barbe, about the 17th of October; he presented it to me for payment. (Producing it.) I told him I believed it was a forgery, and asked him how he came by it. He told me, he received it in payment, and had given some change out of it. I compared it with the hand-writings of two persons, named John Smith , the only two of that name that keep cash at our house; I thought there was a material difference, and I refused payment, and returned it again to Mr. Barbe, and Mr. Halford, one of the partners, went with him to a gentleman to know his character. Mr. Halford brought the bill back again, and I put the initial letters of my name upon it, and got the prosecutor to write his name upon it.

Prosecutor. This is the same bill I received of the prisoner at the bar; I left it with Mr. Vaughan. There was a balance coming to the prisoner, and I desired him to step out to a neighbour, that I might get the money to give him. I went out; he bid me come back again, and said, Give me your note for it, which I did, for the balance, which was 6 l. odd money. He said he would call for the change on the morrow, about three o'clock in the afternoon.

Q. to Vaughan. Have you seen the two John Smiths write, who keep cash with you?

Vaughan. I have: one is John Smith junior, the other senior; one lives in Bucklersbury, and the other in St. Helen's: I do not believe this to be the writing of either of them.

Q. Is this cheque on the bill the cheque of your house?

Vaughan. It is. One of our customers lost several blank cheques belonging to our house.

Q. to Prosecutor. Did the prisoner call for his change the next day?

Prosecutor. No, he never did call again.

The bill read to this purport.

To Mess. Fuller, Baker, and Halford, 12th of October, 1768. Pay to Mr. J. Hall, bearer, 18 l. 18 s.

John Smith .

Tho Wright . The prisoner called upon me at my shop, on the 18th of October, in the Strand, and paid me a draft for goods.

Court. We are not trying him for that now.

Wright. I informed Sir John Fielding of it; and he having intelligence where the prisoner was, wrote to a Justice in Gloucester, and he was taken, and brought up from thence on my account. I was there when he was committed by Sir John, the night before the last sessions.

Prisoner's Defence.

Some time in October last, I, with my family, lived in Hand-Court, Holbourn, in lodgings, at 12 s. a week. John Smith owed me 29 l. odd money: he call upon me from time to time, and told me, he could not conveniently pay, but would as soon as in his power. I had the honour to be in his Majesty's navy all the last war, and for twenty-three years back. I have now but about a guinea a week to support myself, wife, and three children, and had occasion for money. On a certain day in October, he came to me again, and said, Now I can satisfy you. I asked him, In what manner? He told me, he could give me a draft upon a banker. I said, What banker? He told me, Fuller and Halford. I had two bills: I think the first was for 18 l. 18 s. At the same time there happened to be two persons in my room, who had breakfasted with me, named Abraham and Joseph Bareau . I told Smith, That was not sufficient for the whole he owed me. He said, He could not pay me, unless he gave me a draft upon a different banker. He gave me that on Fuller and Son. I received them both at the same time; the other was for 10 l. 10 s. I took them, not knowing the nature of these things, and as I had occasion, I paid them away. I paid one to Mr. Barbe, and the other to Mr. Tho Wright . I having been purser of a man of war, I had a number of articles for sea, at the time the debt was contracted, at stone-buckles that Smith had on me, and other things: he is a watch-maker, and lived in the Quaker's Buildings, near Smithfield Bars. He is now absent. His father is a butcher, and lives near Porter's Block.

For the Prisoner.

Abraham Bareau . I have breakfasted with she prisoner several times: I did frequently in September and October last.

Q. How many times may you have breakfasted with him in that time?

Abraham Bareau . I believe seven or eight times. When I was there, John Smith , whom I knew before, gave the prisoner a draft. He is a watch-maker.

Q. Where did that John Smith live?

Abraham Bareau . He lived in the Quaker's Buildings. His father lives now by Porter's Block.

Q. What did he give him this draft for?

Abraham Bareau . That I cannot tell. There was some demand of money, but what I cannot say. I saw one note given at one time, and at another two notes.

Q. How many notes did you see him give the prisoner?

Abraham Bareau . I saw young Smith give him three or four notes, all payable to Jonathan Hall.

Q. Were they wrote Jonathan, or J. Hall?

Abraham Bareau . I will not be positive which. When I came, as I did frequently, they were always writing.

Q. Can you be positive, whether there were three or four notes?

Abraham Bareau . I can be positive of four: I think two of 18 l. 18 s. one of 12, and one 10, from the beginning of September, to the latter end or beginning of October.

Q. Do you know Smith's hand-writing?

Abraham Bareau . I have known Smith as well as I know myself; I know his hand-writing well.

Q. Did you know where he kept cash?

Abraham Bareau . No; I did not.

Q. Look upon this note.

Abraham Bareau . (he takes the note in his hand) This is Smith's hand-writing. I saw him write it.

Q. What time of the day did he write it, and who was by?

Abraham Bareau . It was some time after breakfast-time. There was my brother in the room, and Mr. Hall, his wife, a servant, and two children.

Q. Was this note given single, or another given at the same time?

Abraham Bareau . It was given single. I believe there was another note given before this (not the same day) for 10 l. they were chequed, but cannot say they were both on one banker.

Q. Do you know the nature of the dealings between these two men?

Abraham Bareau . No, I cannot say that; I know they were pretty much together. I have bought hard-ware goods of the prisoner.

Q. How long ago?

Abraham Bareau . About six years ago, I heard Hall say to Smith, Shall we settle? They got a pen and ink, and cast up some account. They did settle, and that draft was given; and when the other notes were given, they said, Shall we settle?

Q. What age is Smith?

Abraham Bareau . I believe he is twenty-five, or twenty-six years old.

Q. What size?

Abraham Bareau . About my size. (A middling size.)

Q. Is he black, or fair?

Abraham Bareau . He is fair.

Q. When did you see him last?

Abraham Bareau . I saw him but a very little time ago: since Mr. Hall has been in custody.

Joseph Bareau . Mr. Hall subpoened me. I have been very well acquainted with him. I was in his lodgings the latter end of September, and the beginning of October. I remember John Smith coming there; and have heard Mr. Hall say he was indebted to him several times.

Q. Did you hear the sum?

Joseph Bareau . No, I did not. I have seen Smith-give Hall bills for different sums, and upon different bankers; some for twelve guineas, some ten, and some eighteen. One time in October, I believe there were two bills for eighteen guineas; they had connections together; they gave one another bills. Smith has shewed me a bill that Hall gave him, and I know it to be Hall's hand-writing. I have seen two or three such.

Q. Have you seen Smith write.

Joseph Bareau . I have several times. I have seen Hall write also.

Q. Look at this bill. (He takes it in his hand.)

Joseph Bareau . The body of this draft is Hall's hand-writing, and the signing is Smith's.

Q. to Abraham Bareau . Did not you say Smith wrote the note?

Abraham Bareau . I was only speaking to the name Smith.

Q. Who wrote the body of it?

Abraham Bareau . That is Hall's writing.

Guilty . Death .

There was another Indictment against him for another Forgery.

83. (M.) Francis Dudley was indicted for stealing the carcase of a dead ewe sheep, value 10 s. the property of a person, or persons, unknown. December 23 . ||

Tho Milley . I am a watchman. On the 23d of December, between two and three in the morning, I met the prisoner at the bar with a basket on his back; I turned and followed him to my brother watchman. This was in St. Margaret's, Westminster. I stopped him, and we asked him, what he had got? He said it was venison, and that he brought it from Highgate, and was going to carry it to the Swan at Knights-bridge. I held up my lanthorn, and knew him. I said, What makes you come this way? He is a butcher. We took him to the watch-house: he was examined by the constable of the night; it proved to be an ewe sheep, with the skin on, and the guts taken out, and the fat taken off, and put into a wollen rag within the belly of the sheep. The belly was quite warm. There was this direction tied on the basket, To John Franks , Newberry, Barkshire, to be left at the Swan at Knightsbridge, to go by the Newbury Stage. There was a knife and steel in the basket. The prisoner said it was delivered to him by one of the Marquis of Canarvan's servants, to be carried to Knightsbridge. We advertised the sheep, but cannot find the owner. There was no brand mark on the skin.

Q. Where does the prisoner live?

Milley. He lives in Westminster. I have seen him with a meat on his back about the streets.

John Pugh , another watchman, confirmed the evidence of Milley.

Prisoner's Defence.

I had been to see my father at Southgate. Coming home, I met a man as I came by the Marquis of Canarvan's, at Southgate, he said he was servant there; he said he would give me half a crown to carry the basket to the Swan at Knightsbridge. I did not know what it was; he told me it was venison. I did not know a step of the way without going round. Coming over Finchly Common I lost my way.

Acquitted .

84, 85, 86. (M.) John Jones , Joseph Witchcraft , and William Dickes , were indicted for breaking and entering the dwelling house of Henry Landaway , on the 16th of December , about the hour of three in the night, and stealing eighty pounds weight of beef, value 20 s. and thirty-two pounds weight of mutton, value 10 s. the property of the said Henry, in his dwelling-house . +

There was no evidence to the fact but Joseph Christian , an accomplice.

They were all three acquitted .

87. (L.) Alexander Mills , otherwise David Wiltshire , was indicted for stealing a man's beaver hat, value 10 s. the property of Ann Rodbard , widow , December 13 . +

Nicholas Simmonds . I am servant to Ann Rodbard , a pawnbroker in Blackfryers . On the 13th of December, about nine in the morning, I went to get a 5 s. and 3 d. out of a bureau, to lend one Mary Wyld : as I was locking the bureau. I heard one of the shop doors bang too. When I came into the shop again, there were none but the woman. I asked whether somebody did not come in? She told me, a man came in, and reached over the counter, and took a hat, and went out. I had taken it in about half an hour before. I jumped over the counter, and ran up the back-way, and in about a hundred yards I saw the prisoner running; he seemed as if he had got something under his arm. I pursued, and called stop thief, but nobody would stop him. I came-up to him and took him. I told him he was my prisoner, for stealing a hat. I took a hat from under his coat, which was not mine. I then took the hat from his head, it was a very remarkable one, lined with white silk. I knew it well to be the same I had taken in. I brought him to our house, there he acknowledged he had taken it, and said it was his first crime, and went down on his knees. when before the Alderman, he said his name was David Wiltshire , but I found afterwards his name was Mills.

Prisoner's Defence.

I was going to the Borough. When in Black-fryars, a man happened to come running across, and dropped a hat, and I picked it up, and put it on my head, and put mine under my arm. This man called stop thief! I made a full stop. He came, and said, it was his, and took it off my head.

Guilty . T .

88. (L.) George Lucas was indicted for stealing a 36 s. piece, a moidore, seven guineas, five half guineas, one 9 s. piece, and a canvas bag, value one penny , the property of William Fawcett , Jan. 4 : ||

Eliz Fawcett . I am wife to William Fawcett . On the 4th of this instant I was at our shop, (my husband is a butcher ) in the Fleet-market . I observed the prisoner at my right side, very close to me. I was reaching down a neck of mutton. I cast my eye down, and saw my apron was removed from my pocket-apron. I was very much frighted. I laid hold of the prisoner's arm, and asked him what he had been doing? He said, he had been doing nothing. He told me his master was coming to buy some meat of me. I asked his master's name, he said it was Isaac, and some other name I cannot remember. I looked in my pocket, and mist a canvas bag, with the money laid in the indictment in it. (Mentioning the pieces.) I still held the boy, while a neighbour came to assist me. I said, I had lost a canvas bag, and fifteen or sixteen pounds in it. We took the boy into the shop and searched him, and found the bag, with the money in it, concealed betwixt his legs.

Thomas Toone . I keep a shop in the Fleet-Market, I assisted Mrs. Fawcett. The boy, when he was first charged, denyed it, and said he would stand search. I took the bag from betwixt his legs, on the out-side of his breeches.

Prisoner's Defence.

I shall be fifteen years of age next May. As I was going through the market, I saw a purse on the ground. I took it up, and pushed against Mrs. Fawcett; as I stooped, I put it between my legs.

Guilty . T .

89. (L.) William Wilkes was indicted for stealing a silver watch, value 3 l. the property of William Sias Smith , December 17 . ||

Acquitted .

90. (L.) Matthew Skinner was indicted for forging, and counteirfeting an order, for the payment of money, directed to Mess. Fuller, Baker, and Halford , to this purport:

"October

"2 l, 1768. Pay to Mr. James Brown , or

"bearer, 15 l. 15 s. and 6 d. G. Humphrys." And for publishing the same, with intent to defraud William Saunders , October 22 . +

William Saunders . On the 22d of October last, the prisoner came to my shop; I am a hosier near Aldgate ; he told me, he was recommended to buy three or four dozen of house, of 23 or 24 s. a dozen, and that they were for a person at Berry, who did a great deal of business in my way, and if we used him well, he would be a good customer; he looked out five dozen, which came to 5 l. 6 s. I asked him, what name I should make the bill of parcels in; he said, his name was Robinson; he then presented a draft for 15 l. 15 s. and 6 d. and desired me to give him change. He said, it was the last draft he had. I was hesitating upon it, but he appearing to be a reputable country shop-keeper, I was inclinable to give him change, with this precaution, that as soon as I had given him change, which was a draft upon Sir Richard Glyn and Co. I intended to go immediately to know whether it was a good one. I gave him a draft upon Sir Richard for 10 l. 9 s. and 6 d. which with the 5 l. 6 s. made the money. I went to Mr. Fuller's, and found his bill was a bad one. Sir Richard Glyn 's house being but two doors from that, I got to Sir Richard Glyn 's four minutes before the prisoner came in. Skinner seeing me, he wanted to withdraw. He said, he would call again; they told him, he had better do his business now. He had my draft in his hand, and laid it on the counter. We went for a constable, and took him in custody. He said, he received it of one Gompy, and said, his own name was Jonathan Robinson , that he came to town about selling a horse, and that he could neither write nor read. We went before an Alderman on the Monday. ( This was Saturday evening.) He there acknowledged another fraud of this kind. He said, he came from Sheffield, and that he received it of one Gompy, at a house in Goodman's Fields. He said, he should be glad to have Gompy taken.

John Vaughn. The first time I saw the prisoner, was at Sir Richard Glyn 's. I went along with him and Mr. Saunders, and Mr. Halford, to a tavern in the Poultry. He was asked his name. He said, it was Jonathan Robinson , and was lately come out of the country, I think, from Sheffield, and had the draft of one Gompy, a Jew, and that he himself could neither write nor read. That he had laid in Goodman's-Fields the night before, and had taken it there; that he had been in town but a few days; that he lodged, when he came to town, at the Three Nuns Inn, in White-Chapel, three or four nights, but had laid at the Fleece Goodman's-fields the night before; and that he came to town to dispose of a horse. But he was not consistent in the account that he gave of himself.

Q. Does any body of the name of G. Humphrys keep cash at your house?

Vaughn. I have been there fifteen or sixteen years, and I know of no such person. The draft is a blank cheque of ours that has seen filled up

(Produced in court.)

It is read to the purport as in the indictment.

Prisoner's Defence.

I received these drafts of Gompy, in order to get them off for him. I was very innocent of any bad design.

Q. to Saunders. How came you to find that the prisoner's name was not Robinson?

Saunders. When he was before Mr. Alderman Kennet, at the Mansion-House, he said his name was Matthew Skinner . The Alderman asked him, why he had said his name was Jonathan Robinson ; he answered, he was then confused, and did not know what he said.

For the Prisoner.

William Geter . I am the constable. After I went to the prison with the prisoner, he desired I would see after Gompy; he said, he was sure I could find him. I went to the Three Nuns, in White-Chapel, and took one of the turnkeys with me. We were told we were too late by about 20 minutes, Gompy was just gone away with a horse, which he bought of the prisoner. We went to the Golden-Fleece, in Goodman's Fields; they knew him there, but he was not there. I came home, and went to the Compter to Skinner. The next day he was very uneasy that we could not find Gompy. I heard him say, he could neither write nor read.

George Waddington . I live at the Three Nuns, White-Chapel. On the Saturday sevennight before this affair happened, the prisoner and two other men came to me, and hired a post-chaise of me, to go to Brentwood-Fair; they came back again at night, and lay at my house. Skinner rode a horse to the fair, and came back again on him: he staid at my house till the Friday or Saturday following. I imagined this horse belonged to the Jew, to whom I thought Skinner was servant. There were a little man and a lusty man, two Jews, that went with Skinner to Burntwood-Fair. I heard the Jew was named Gompy Humphrys, and on the Saturday, the little Jew came and demanded the horse. I was not at home. My wife said, there is a post-chaise, and Skinner's victuals and drink to pay for. He paid for the post-chaise and horse, and took the horse away; he refused to pay for Skinner, and said he knew nothing of him. This is what my wife told me, when I came home.

Samuel Oaks . I am a scissars-maker, and live in Ironmonger-Row, Old-Street. I come from Sheffield. I knew the prisoner there; he was a scissars grinder. I believe, he can neither write nor read; he always appeared to be a very honest man at Sheffield. I suppose, he had not been come up long before he was taken up. I left Sheffield not seven months ago. I do not know what he came up about.

William Rogers . I am a shagreen case-maker, and live in a court on Ludgate-Hill. I have known the prisoner about eight years: as far as I can learn, he came to London, but about a week before he was taken up. I came from Sheffield, I never knew any thing of him, but what was honest. I am pretty certain, he can neither write nor read. I hear this Gompy is now at Gloucester.

Richard Eglinton . I live at the house of John Abdy 's, at No. 5, in Oat-Lane, by Goldsmiths-Hall. I worked in Sheffield nine years. I came to town last Easter. I have known the prisoner eight years; I never heard but that he always bore a good character. I have heard he can neither write nor read.

John Edwards . I live on Ludgate-Hill. I am a journeyman case-maker to Mr. Rogers. I have known the prisoner near four years. I never heard but that he bore a good character. I never heard that he could write or read.

John Markham . I live in Throgmorton-Street. I knew him sixteen or eighteen years at Sheffield. He is a very laborious, industrious man. I never heard of his being in town, till he was taken up. It was commonly understood that he could neither write nor read.

Acquitted .

(L.) He was a second time indicted for forging and publishing, as true, a false, forged, and counterfeit draft, drawn on Mess. Fuller, Baker, and Halford, for 15 l. 14 s. and 6 d. signed G. Humphrys, well knowing the same to be forged, with intention to defraud Benjamin Hopkins , October 20 . ++

Benjamin Hopkins . I keep a shop near Cripple-gate . On the 20th of October the prisoner came to me, and wanted to look at some green tea. He agreed for twenty-four pounds, at 5 s. and 6 d. a pound, and ordered it to be marked Matthew Skinner , at Doncaster in Yorkshire, to be sent to the Swan and two Necks, in Lad-Lane, and said, he would be at my house again in half an hour. It came to 7 l. 3 s. when he returned, he gave me this draft out of his pocket book. I was satisfied with it, thinking I knew the drawer. I gave him the remainder, which was 8 l. 11 s. and 6 d. then he went away. The draft was for 15 l. 14 s. and 6 d. I sent my servant to Mr. Fuller's, to see if it was a good note before I sent the goods; he returned and told me, Mr. Fuller said there was no such man kept cash-there. The prisoner was taken two days after, at Sir Richard Glyn 's. I saw him afterwards at Guildhall. (The bill produced in court.)

John Vaughan . This draft was presented at our house by a young man for payment, about the 20th of October, in the afternoon; who said, he came from Mr. Hopkins near Criplegate; I told him, no such person kept cash with us. When the prisoner was taken up, two days after, I went to Mr. Hopkins and told him of it. The bill read to this purport.

"To Mess. Fuller, Baker, and Halford, bankers,

"&c. Oct. 19, 1768, pay to Mr. James

"Brown, or bearer, 15 l. 14 s. 6 d.

"G. Humphrys."

William Saunders . When the prisoner was examined before Mr. Alderman Kennet, he owned he received one draft of Gompy, and the other of two men, named Bonner, snuff-makers; and said he had two pounds for his share for paying the bill away; he very much desired Gompy might be inquired after, and the constable was sent after him, but could not find him.

William Geter and George Washington gave the same evidence as on the other trial.

Acquitted .

91, 92. (M.) Ann White , widow , and Mary Hinchley , spinster , were indicted for stealing two guineas, and two half guineas, the Property of Samuel Patrick , in the dwelling-house of the said Samuel , December 31 . ++

Samuel Patrick . I keep a publick-house in Church-street, Edmonton . Last Saturday was a week I had been out, and left my key by some accident in the room: when I came home, I was told Hinchley, the girl (who was my servant ) had found a guineas in the room; I went and took the key, and looked at my money, and found, out of between seven and eight pounds, there were but about two pounds left. I accused the girl with taking it, she deny'd it: I told her I would put her in the cage, if she would not tell what she had done with it; she told me, she had put it down the vault; and mentioned four pieces of gold that she had taken in the morning. She confessed, Ann White had inticed her to rob me; and she had got my money. I took the two prisoners before a Justice of the peace; there the girl said, Ann White inticed her to rob me. The Justice ordered the woman to be put in the cage, and the girl to be in the constable's care. I went to the cage, some time after, to White, and there she confessed, she received three guineas out of the girl's hand; and in half a minute, she deny'd ever seeing any.

Abraham Rowin . I am constable; I had charge of the prisoners; I heard the girl confess, she had the money out of her master's drawers, two large pieces and two small ones of gold; and that Ann White inticed her to do it; she continued in the same story all the time she was in my custody. The woman and the girl had several quarrels. The woman said, What a sad thing you have brought me to? And the girl said, Mother White, what have you brought me to? Upon their examination, the girl confessed the same. The woman always declared her innocence. I know no ill of the woman, but that she is apt to tipple a little.

William Witaker . I was at the cage, on the Sunday night: I heard the woman say, the girl brought three guineas to her and put them into her hand.

Margaret Clark . I heard the woman say, the girl put three guineas into her hand.

Sarah Murry . I heard the woman say, the girl put three guineas into her hand.

Hinchley's Defence.

This woman bid me rob my master, I had known her a long while, I took the money and gave it to her.

White, Acquitted .

Hinchley, Guilty, 39 s. T .

93. (M.) Thomas Metcalf was indicted for stealing one guinea, and one quarter guinea , the property of Matthew Walburn , Dec. 3 . ++

Matthew Walburn . I live at the Coach and Horses, a publick-house, in Great Marlborough-Street . The prisoner was my servant about three months; I mist a guinea out of my till; I was told the same day by Mr. Wilmot, the boy at the bar had changed a 5 s. and 3 d. piece. I searched his pocket, but found nothing. When I charged him with it, he said, he changed that piece for a gentleman in the tap-room. In about a quarter of an hour after, the boy went up stairs, and put his clothes out at a window, and made off. On the 14th of December I took him again, and before Justice Spinage he owned he took a guinea, and a 5 s. and 3 d. piece.

Mr. Wilmot. On the 3d of December, the boy at the bar came in the evening, and I chang'd a 5 s. and 3 d. piece for him: I had some suspicion he did not get it honestly, so I told his master of it.

Prisoner. I am guilty. I am but fifteen years old.

Guilty . T .

94. (M.) Mary Bartram , spinster , was indicted for stealing three silver table-spoons, value 15 s. one silver tea-strainer, value 1 s. and 4 l. in money, numbered , the property of John Free , December 3 . ++

John Free . I am a victualler , and live in Vine-street, Piccadilly . The girl lived facing me; she had use to come to my house for drink. Betwixt six and seven at night, on the 3d of December, I had a great deal of company. I went up stairs for change, I found my bureau broke open. I ran down stairs, and said I am robb'd, but don't know of what. The man, that I wanted change for, went up then with me; then I mix three silver table-spoons; and there were upwards of four pounds missing from my money. I don't know justly, how much money I had in the drawer; but I know there must be more than four pounds gone. Whoever did it, got over the stair-foot-door, that is six feet ten inches high, and struck a light, got into the closet, and at the top of wood away over the bolt of the bureau, and wrenched it up with the poker that I found near it. That night sevennight, being Saturday, I was sent for to Mr. Brown's, in Marybone-street, where I found the prisoner; I brought her to my house, and asked her, who was confederate with her; imagining she could not get over the door, without somebody lifting her up. This handkerchief, (producing one) my property, was found upon her; it was taken out of a drawer under the desk, in the bureau. I examined her about the money, she did not deny it; she said, she got over the door very well, by putting the shutter of the street door against it, and getting upon that first. She would not own any body was concern'd with her.

William James . I am a pawnbroker, in Glasshouse-street. The prisoner pledged a table-spoon with me, on the 5th of December, for 4 s. and 6 d. She said she brought it for one Mrs. Hughes, in Swallow-street, and that she was servant to her at the time. (Produced and deposed to by the Prosecutor.)

Nathaniel Brown . I am a pawnbroker, in Marybone-street. On the 10th of December, about five in the evening, the prisoner came and brought this table-spoon and strainer to pledge. (Produced and deposed to by Prosecutor.) She wanted 7 s. and 6 d. upon them. She said, she brought them from her mother. I asked her her name, she said it was Elizabeth Dane , and that her mother lived up one pair of stairs, next door to a tallow-chandler, in Swallow-street, and was a chamber-milliner. I asked her, how her mother came by it? (there was a crest upon it.) She said, it was left to her mother. I said, I suppose you have no objection to my sending my young man along with you to your mother? She said, No. I sent him with her. He soon returned, and brought her with him; and said, when she got to the house, and he knocked at the door, she ran away, and he after her, and took her again. She then went upon her knees, and begged forgiveness, and owned she had taken it; but it was from a relation, that lived at Tower-hill. After that she went on her knees again, and begged me to let her go. I said, I could not let her go, as she had confessed she had stole it. At last we got out of her, that she had lived servant in Vine-street. I sent my man for her mistress when the mistress came, she was surprized to see her stopt upon this occasion; she accused her with the things she brought the week before; and said, this is the way you came by them. Then she went on her knees again to her, and begged to be released. I said, All I can do for you, if you will be ingenuous to tell me who you had them of, is not to charge a constable with you here. It shall be at the option of the person, whether he will charge a constable with you or not. Then she told me she took them from the prosecutor.

The prisoner said nothing in her defence.

Mary Watts . I have know the prisoner ever since she was nine years old. I never heard any ill of her character before; she has neither father nor mother; she is about seventeen years old.

Guilty . T .

95. (M.) Margaret Stokes , spinster , was indicted for stealing a piece of silk and cotton, containing seven handkerchiefs, value 14 s. the property of John Hartwell , privately in the shop of the said John , September 21 . ++

William Atkinson . I am servant to John Hartwell , linen-draper , by Charing-cross . On the 21st of December the prisoner came into our shop, and desired to see some silk and cotton handkerchiefs. I shewed her about half a dozen pieces; then she desired to see some silk ones; I shewed her two pieces; she asked the price; I said four shillings a piece; she bid me six shillings for two of them: I told her, I could not take any thing less; she immediately went out of the shop: I turned to look at the handkerchifs, and mist a piece of silk and cotton; we had but that piece of that price in the shop; then I went out, and overtook her, at the corner of Buckingham-court, and charged her with it, and insisted upon her delivering it: there came three or four people round us; a gentleman took hold of her clothes, and shook them, and this piece fell down on the ground. (Produced and deposed to.)

Prisoner's Defence.

I asked to see some silk and cotton handkerchiefs; I bid him twenty pence for one; he would not take my money; I came out, and he came after me, and charged me with taking a piece of handkerchiefs. I know nothing of them.

She called Mary Cozins , Lucy Whiteman , Elizabeth Williams , and Jane Marsden , who said they knew no harm of her.

Guilty, 4 s. 10 d . T .

96. (M.) John Barrow was indicted, for that he, in a certain open place, called the Green-park , near the king's highway, on Robert Elliot did make an assault, putting him in corporal fear and danger of his life, and taking from his person a silver watch, value 40 s. one guinea, and 15 s. in money, numbered, the property of the said Robert , December 5 . ++

Robert Elliot . I am clerk to the two gentlemen in the Debenture-office, St. James's. On Monday the 5th of December, in the evening, between six and seven, I was going from the office thro' the Green-park, towards Lord Bath's gate. A little before I came to the bason of water, at the top of the park, I saw a man coming towards me; and I saw another a little behind him: the first came past me on my left hand, he looked very hard at me, and I at him. I looked over my shoulder to see if he was gone; he was turned back again, coming towards me on my right side; I said, What do you want? he made no answer: I had a small stick in my hand, I struck back at him; it did not hurt him much. He ran in upon me; and while we were in the scuffle, the other man came behind me, and pulled me back in the mirey clay, by the side of the gravel walk: as soon as they got me down, the man that attacked me first, held a pistol to my face, and said, If you make any noise, I'll blow your brains out; they were all the words he said: they pulled my watch out of my pocket, and took out of my pocket a guinea in gold, and 15 s. in silver; I said, if you take my watch, pray don't use me ill. They then made off cross the field towards the Grove; I got up as soon as possible, and found they had got my hat; I called after them, and said, Pray leave me my hat; they threw me my hat again. I went to see for the keeper of the Lodge, but he was not at home. I went then home, and washed myself, being a little bloody; and then went and gave information of it to Sir John Fielding . I have no idea of either of the men; the man behind me I hardly saw; he that attacked me, had a dark surtout-coat on, and white stockings. I saw the prisoner about twenty days after the robbery was committed, at Sir John Fielding 's.

Andrew Popard . I live in Queen-street, Tower-hill. On the 9th of December, the prisoner, with another man, brought this watch to me; I should know the other man if I saw him, he was a corporal in the guards. The prisoner pledg'd it as his own property; he said, he had been inlisted but a fortnight, and he had spent all the advance money, and wanted to raise more upon his watch. I then lent him only half a guinea; the next day, they came together again, and I lent them half a guinea more. About a week after that, William Hallburton came to my house. In the course of carrying, Sir John Fielding 's bills about, he asked me, if I had taken in a watch, with the name Clay upon it; I said, I had taken in one, pawned by the name of John Burrow . I show'd it him, he took the number; and the next day I had orders to attend Sir John Fielding with it.

(The watch produced and deposed to by the Prosecutor.)

Edward Rees . I have been a soldier about nine years, I was along with the prisoner at the time of the robbery.

Q. How long has he been in the service?

Rees. He has been in the service about four years. We met this man in the Green-park; I went first, and the prisoner after me; I bid the man stop, he made a blow at me; the prisoner came behind him and pulled him down; he put his hand in his pocket, and took out his money and watch; then we left him, and went cross the Park to a public house, and he gave me part of the money; he gave me a guinea and eighteen pence, and he kept the watch: he told me he had got only a guinea, and three or four shillings. I was taken up three weeks ago, last Tuesday, that was eight days after, by one Jones, for a highway robbery; then I directly told Sir John Fielding this story. I belong to the second battalion, and the prisoner to the first. He was quartered in the Tower at the time we did this.

Q. Were there any other soldiers with you at the time?

Rees. No. There were a couple of corporals used to give him leave to go out, and go on this way; and when we had done any robbery, we used to give them four or six shillings. Corporal Hudson used to lend the prisoner his coat, and he has got it on now.

Prisoner. This man is a very bad man, it is very hard he should be admitted as evidence; he has swore falsely against three of us.

William Haliburton . On the 19th of December, a countryman was stopt in the Long-field; he came and gave Sir John Fielding information of it. He said he was robbed by a soldier; we took up one Drew, who told us, he had never been guilty of any thing but once before; and that was with one Burrow, a soldier; and that was over the water: accordingly Burrow was taken up. I went in the morning to this pawnbroker, to enquire after another man's watch, and by this means I found this.

Prisoner's Defence.

I never pawn'd it; I know nothing at all of it. I am a Devonshire man, and belong to Col. Gore 's company .

Guilty . Death .

97, 98. (M.) James Cooper and Charles Wilkes were indicted, for that they on the 22d of December , about the hour of eleven in the night, the dwelling-house of Isaac Pemberton did break and enter, and stole two linen shirts, value 7 s. two linen shirts, value 4 s. three linen aprons, value 7 s. one damask napkin, value 1 s. one copper tea-kettle, value 1 s. one box-iron, value 1 s. the property of the said Isaac, in his dwelling-house . ++

Isaac Pemberton . I live in Ironmonger-Row, Old-street . My house was broke open yesterday three weeks; I was called up about eleven in the night, and found my front door and the window open, but nothing broke as I know of. My wife can give the best account of the things that were taken away. There were seven or eight people in the house when I got up.

Susanna Pemberton . I am wife to the prosecutor. I had been hard at work a washing, and was just got to bed, and in a sound sleep, when I was call'd up. I found the door and window open, (it was a sash window) and my line striped of things in the kitchen: I mist a tea-kettle, a box-iron, two shirts, two shifts, three aprons, a damask table cloth, and other things, as they are laid in the indictment; and other things which are not found. We have rooms on the ground floor, we lie in one of them.

Q. How were your door and window fastened?

I. Pemberton. We had lost the key to the window, so it was fastened with a fork on the inside; I had fastened the window and door about nine o'clock.

John Adams . I am a wire-drawer by trade , I lodge at Mr. Pemberton's. As I was going home about a quarter past ten at night, I saw two boys at the top of the court; Wilkes, I know, was one of them; I knew him before. They stood one on one side, and the other on the other.

Q. How far from Mr. Pemberton's house?

Adams. It is about 20 yards distance; I went down the yard, and as I was going in at the door, I met a lad with a bundle coming out. I went in, there was nobody in the house; I called out two or three times; then I perceived the boys, and one of them I believe slipt down an alley in White-cross-street. I laid hold of the two prisoners in White-cross-street.

Q. Were the three boys all together?

Adams. Yes, he with the bundle join'd the other two; Wilkes had this green apron on; (produced in court) I saw he had linen in it. When I had hold of the two prisoners, they dragged me about the street, and up into a place called White's Yard; I called watch; the boys tried to kick me up; Cooper got from me; I called stop thief; the watchman came at that instant, and laid hold of him; I still kept hold of Wilkes, as he let the things he had fall on the ground; which were the linen, shirts, shifts, aprons, and other things.

John Lefeavor . I am a watchman, I was crying the hour 10 o'clock. This man called watch! stop thief! I turned back, and saw Cooper making off, in White's Yard; I laid hold of him; the linen was lying in the yard; I took it up, and carried it with Cooper to the watch-house. The tea-kettle and box-iron, was taken up in White's-Yard, and brought in.

Q. What did the prisoners say for themselves?

Lefeavor. Wilkes said he picked the things up as he was going along.

Adams. The watchman that took up the tea-kettle and box-iron is not here. (The things found produced and deposed to by Mrs. Pemberton.)

Cooper's Defence.

I was along with one Ben, that sells trotters and neats-feet, in Rosemary-Lane, and met Wilkes; we were coming together. Wilkes went down the alley to case himself. We saw a man run out of the alley, and drop these things, and Wilkes and I picked them up.

Wilkes's Defence.

I went down the alley to ease myself, and we saw the man jump out, and drop these things, and we picked them up.

Q. to Adams. How long was you after the boy run out of the house, before you followed him?

Adams. It was about a minute.

Q. When you saw Wilkes at the upper end of the court, had he any thing in his apron then?

Adams. No, he had not.

Q. Where were the two prisoners when you came back to the upper end of the court?

Adams. They were then running down Whitecross-Street. They ran down very near three hundred yards before I laid hold of them. I saw the other boy slip down an alley, just before I laid hold of the prisoners.

Q. Was Cooper one of them you saw first? Or was it him that came out of the house?

Adams. That I cannot tell. Cooper, and the other, whoever he was, were looking one one way, and the other the other.

Both Guilty . Death .

99, 100. (M.) Walter Watkins and George Memory were indicted for breaking and entering the dwelling-house of John Poole , on the 30th of November , about the hour of seven in the night, and stealing two bed-quilts, value 5 s. a pair of linen sheets, value 5 s. three pillow cases, value 1 s. a shirt, value 1 s. two shifts, value 2 s. two pair of thread stockings, value 2 s. a white linen waistcoat, value 1 s. a mahogany fire-screen, value 2 s. the property of the said John, in his dwelling-house . *

John Poole . On the 30th of November last I was robbed of the things laid in the indictment, (mentioning them by name.) They were taken out of the house. (I was not at home at the time.) About a fortnight after, a constable and a keeper of Bridewell came with Terrin the evidence, an accomplice, and asked me, if I had been robbed? I said, Yes. Then Joseph Terrin said, that he was concerned in it, and mentioned the things I had lost. I asked him how they got in? He said, they lifted up the latch of the door, and one pulled off his shoes and went in, and so conveyed my things out to the others. That there were four of them in company. I went with a search-warrant where he said the goods were carried, but could not find any of them.

Jos. Terrin. I went out with the two prisoners, and Richard Dunn , who is not taken, to see if we could get any money. We went to the prosecutor's house. Watt Watkins lifted up the latch.

Q. What time was this?

Terrin. We got there between seven and eight o'clock at night. Watkins went in, and took the two quilts, and brought them out first, and after that the rest. There was no body went into the house but him. He brought out two pillow cases, two shifts, a pair of stockings, a pair of sheets, and a wooden horse, which they call a screen.

There being no evidence of credit to the fact, the prisoners were acquitted .

101, 102. (M.) John Mantle and Richard Tirpinder were indicted for stealing a saddle, value 2 s. 6 d. another saddle, value 12 s. a pair of stirrop-irons plated with silver, value 10 s. 6 d. and a pair of worsted girths and a saddle-cloth, value 8 s. 6 d. the property of Peter Parker , December 21 . ||

Peter Parker . I live in the parish of Hanwell, On the Tuesday following the election at Brentford, I lost two saddles out of my stable; I saw them over night, at about half an hour past nine, and they were missing in the morning between six and seven. They were plated stirrops, and girths to one, and a saddle-cloth. The other had stirrops, but no girth.

Q. Where is your stable?

Parker. At the Castle at Brentford . The saddles were in my care.

John Walker . I am a sadler, and keep a shop in Oxford Road. John Mantle brought this saddle to me to sell. I refused to buy it. There was a gentleman's servant in the shop, he bought it, and gave half a crown for it. (Produced in Court, and deposed to by Mr. Parker.)

Q. What is the value of it?

Walker. That is the full value of it. Mantle said he bought it of a countryman that was with a hay cart.

Q. When was this?

Walker. I believe this was on Christmas-eve.

William Demain . I am a sadler, and live in St. Martin's Lane. On the 21st of December, about ten in the morning, John Mantle brought this saddle to me to sell. I said, What do you ask for it? A Guinea, he said. I said, I am a little busy now, call again in the afternoon, and I'll let you know, after I have looked it over, what I will give. I suspected, from the appearance of it, he had not come honestly by it. (The saddle produced, and deposed to by Mr. Parker.) I said, I think I know the saddle, and the owner of it. The other prisoner was with him; he said, The gentleman thinks we have stole it.

Q. Did the two prisoners come together?

Demain. They did. Mantle made answer, and said, I would have you to think we came honestly by it, for we can produce the owner; he sent us with it to sell.

Q. Did he say, Sent me, or us?

Demain. He said us.

Q. Did Tirpinder hear him say that?

Demain. He did. I said, I would take care of it till the afternoon. They went away, and left it. I took it to the farther end of the shop. I never saw no more of them till before Sir John Fielding ; that was the Tuesday after Christmas-day.

Mantle's Defence.

Going through the yard, I went into this man's stable, and picked the saddle up, and brought it away. I found the other saddle in the same stable.

Tirpinder's Defence.

I met with Mantle in Piccadilly. He desired me to go with him to the sadler's, and he would treat me with a pot of beer. He had but one saddle. I went with him.

Mantle, Guilty . T .

Tirpinder, Acquitted .

103. (M.) John Ward was indicted for stealing two surtout Bath beaver coats, value 20 s. the property of Thomas Dignam , Dec. 20 . *

Thomas Dignam . On the 20th of December, or thereabouts, I lost two Bath beaver coats out of my fore parlour. I have no other proof against the prisoner, but the accomplice, Joseph Terrin .

Q. Did you ever find either of them again?

Dignam. No.

Q. Has the prisoner confessed any thing?

Dignam. No, he has not.

Terrin was not examined.

Acquitted .

(M.) He was a second time indicted for stealing two cloth coats, and a pair of leather shoes , the property of John Ince , Dec. 20 . *

John Ince . I lost a surtout Bath beaver coat, and a pair of shoes, out of my shop about the 20th of last month.

Q. Where do you live?

Ince. I live in Russell Street, Bloomsbury . Joseph Terrin came to my house the next day, about 10 o'clock, and said he would shew me the person that had the coat. I went with him to the Running Horse, in St. Giles's, where Richard Row had the prisoner in custody. The prisoner had my coat on his back. As we were taking him to the Round-house, he made his escape. We took him again, I think it was at the Golden Boot, in Newtoner's Lane, the same night, about an hour and a half or two hours after. When we went to the house, the constable stood at the door, and I went in. As soon as the prisoner saw me, he ran away; the constable laid hold of his clothes, but he got away, and a person unknown pursued and took him. We had him not long, before he ran away again. I had taken the two coats he had on from him; he was in his shirt. The constable pursued and took him again in about ten minutes. We brought him into the house. He insisted upon having my coat on again: we let him put it on, and the other coat too. Then we took him to the Round-house, from thence to Justice Welch, and he was committed.

Q. from Prisoner. Whether the evidence Terrin did not say he stole the coats, and said I was not with him?

Ince. Terrin said the prisoner was not guilty in taking my clothes, he not being with him at the time. He said they were together in taking Dignam's clothes, and that they carried them to Terrin's lodging; and then he (Terrin) came to my house, and Ward was not in company with him then.

Jos. Terrin. Ward went out with me on the Friday night to Dignam's house. I shoved up the sash, and put back the blind, and Ward went in and brought out two coats: but when I went to Mr. Ince's, I was alone. I went in, and brought out two coats, and a pair of shoes. I put them up in my room. I saw the prisoner in about half an hour after at the King's Arms. I took him home, and shewed him the coats I had got; and on the Saturday morning he wanted to buy one coat of me. I would not fell it him. Then he broke open my door, and took all the clothes away. I had locked the room, and had the key in my pocket, while I went down Holborn for a man to buy them. When I asked him for them, he called me dog, and said they were none of mine, they were Pidgeon's.

Q. from Prisoner. What is the reason you did not indict Tiney Roach, a prisoner now in Newgate? He has been concerned with you in all your robberies.

Terrin. I did not know he was taken, till after this bill was found.

Richard Row. I was the officer. The prisoner made his escape when I was going to put Terrin in the Round-house. Terrin came and told me they had stole coats. Mr. Ince, I, and James Pomeroy , went to the Golden Boot, in Cross-Lane. I ordered them to go into the house first, and I stayed at the door. Presently I saw the prisoner running out of the house in his shirt; I overtook him in about two hundred yards running. Assistance came up: then the prisoner said, Row, do not use me ill, I'll go along with you. Then we went to the Golden Boot again. There he would have the clothes on again. We let him. He swore he would wear Mr. Ince's great coat. Then we took him to St. Giles's Round-house, from thence to the Justice's, and he was committed.

Prisoner's Defence.

This evidence, Terrin, came into Mr. Porter's, where he offered to sell a coat to one Mr. Fletcher: he would not give the money he asked for it, which was half a guinea. I seeing three or four more coats, said this cannot be your property. He said he would wear it. I said it does not fit you; I will take it, and keep it till such time it is advertised. He said, Give me money to buy a pair of breeches, and you shall have it. I put it on. After that he went to Mr. Row, and brought him to me. Mr. Row told him, if he would stand to what he had told him, he would be a friend to him.

Guilty . T .

104. (M.) John Pye was indicted for stealing a linen sheet, value 2 s. and a green curtain, value 1 s. the property of Abraham Kirby , the same being in a certain lodging room lett by contract , &c. Dec. 10 . +

Acquitted .

105. 106. (L.) John Wise and John Groves were indicted for stealing a wooden box, value 4 s. ten linen caps, value 5 s. two pair of linen sleeves, value 1 s. a pair of worsted stockings, value 2 s. and two linen aprons, value 2 s. the property of Mary King , spinster , Sept. 14 . *

Mary King . On the 14th of December I came from Chigwell. John Wise came with the same coach. He, I, and the coachman, rode all on the coach-box. We came to the Bull-Head Inn, in Whitechapel. I had my box and a bundle with me.

Q. What things were in the box?

M. King. There were ten caps, two aprons, one white coloured one, two pair of shift sleeves, and a pair of worsted stockings. My box and bundle were in the boot. It was a very wet day. I stayed at the inn an hour and a half; so did John Wise . The coachman brought my things into the room where we were. We had a pint of hot, and a pint of porter. The coach brought a hamper of fowls, as Wise told us; he said he was to see the hamper shipped. When I set out to go to my place, he told me he would carry my things for me. I told him I did not want any of his assistance. He said the hamper was going to London Bridge, by a porter, and my bundle might go with the porter, along with it. Wise would carry my box. We were but a little way from the Bull-Head Inn when we met Groves. I was going after my other things. A tallow-chandler from Stratford came up accidentally. Wise told us he had a hill of five pounds to pay the tallow-chandler. They went across the road to a public house, and had two pints of hot. Wise had my box under his arm. I was very uneasy, because I was going to my place. Wise offered me a coach, or would see me to my place on foot, which I said I was much obliged to him for, but would not accept it. When we went out from there, he insisted on John Groves 's carrying my box as far as London Bridge.

Q. What part of the town was you going to live in?

M. King. The place that I was to go to was in Wapping. Groves took my box. I was entirely a stranger to that end of the town; I had lived in Well-close-square, and in Shadwell, some time before. I thought they were going to London-bridge, as they kept walking along. I said, Pray, are we going to London-bridge? His answer was, Pray, Madam, come along. Groves walked behind with my box; he said he would go no farther; he was drest in a livery. Wise told me he was a footman to a Gentleman. Wise had his hand cross my back. I said, I was afraid we were wrong. He said, Madam, come along. I said to Groves, I should be obliged to you if you will tell me whether I am going towards London-bridge? Groves said he knew Mr. Wise lived somewhere here. I had staid behind to speak to Groves, as he staid behind. This was after he had delivered my box to Wise; and they whisper'd to each other. I was at that time somewhat behind; I can't tell what they said: after that Wise gave Groves my box again; and Groves kept on the right hand side for some time, and at last he cross the road, and ran away with my box; and Wise walked a great pace, and at last he set to running; then he cross the road.

Q. Whereabouts were you then?

M. King. This was by Cheapside, at the end of Bread-street. I ran after Wise; a gentleman stopt him; then I went up to him, and laid hold of his coat, and asked him where my box was gone. He was taken in at the Bull-Head, a public-house in Bread-Street. The gentleman heard what I had to say. A footman, that lives in the Temple, heard the account I gave; he stept forwards, as he told me afterwards, and saw Groves on Ludgate-Hill; he brought him with my box in at the Bull-Head to us; I was then in strong sits. The next day I went before my Lord Mayor, and gave the same account I have here, as near as I can guess, word for word; and they were committed.

Cross Examination.

Q. Had not you made an appointment to go with Wise that night?

M. King. No, I had not.

Q. When was you in London last, before that?

M. King. I had not been in London four months before.

Q. Did not Mr. Wise ask you to go to a play with him?

M. King. He did, but I did not agree to it.

Q. Did he not say he had some fowls to carry to Dunn's wharf?

M. King. He did, they were in a hamper. The porter did not bring them in as I saw. Wise hired a porter to carry them; the porter went before we did.

Q. Did he not go to Dunn's wharf to see that the fowls were deliver'd?

M. King. No, he did not.

Q. How long did you stay at the Bull-Head Inn, in Whitechapel?

M. King, I believe we staid there an hour and half.

Q. Did you not drink plentifully?

M. King. No, I did not.

Q. Were you not to meet at a public-house, by agreement, somewhere by Ludgate-Hill?

M. King. I was to go to my place, and no where else; and not to any place along with him. I knew nothing where he was going.

Q. Did you not hear Groves and he talk about going to a public-house, after you left the tallow-chandler?

M. King. No, I did not.

Q. Whether there was not a little quarrel between Wise and another person coming along?

M. King. Yes, that person is my witness; upon that dispute I went up and got hold of Wise's coat; if it had not been for that, I should not have catched him.

Q. Did not Mr. Wise make str ong love to you coming up?

M. King. I don't think he did; there was something with him, but not with me; he did propose to make love to me, but I refused him.

Q. Did you not walk arm in arm?

M. King. No, he clapped his arm behind me, and in a manner dragged me along, when Groves was behind with my box.

Q. What is Groves?

M. King. I don't know; we seemed to meet by accident.

Humphry Bradshaw. On the 14th of December I was going along Cheapside, opposite Bow-church. The prisoner, Wise, ran against me, and knock'd me almost backwards; his elbow came against my stomach. This was about four in the afternoon. I recovered myself a little, and an elderly gentleman came up, and said to me, Sir, he has shoved me, and two or three more the same; then said I, I will ask him his reason for it. He had cross the way, I ran after him, and catch'd him just by the corner of Bread-Street. I took hold of the cuff of his coat, he was in a blue and white livery, laced. I asked him the reason for running against me, and several other people; he swore, and call'd me all the scoundrels and rascals he could think of, and abused me in a terrible manner. Said I, you are a very impudent fellow; I have a mind to send you to the Computer. Said he, You! I can buy 20 such scoundrels as you. Mr. Armiger came; and immediately, at the same time, came the girl; there were a number of people there; the girl catched fast hold of him, and said, Give me my box; what have you done with my box? I said, What do you mean by that? she said, he and another man had taken her box from her, and the other man had run off with it, or to that effect. Upon which I said, I was determined to take care of him; and Mr. Armiger said the same; we took him in at the Bull-Head, in Bread-Street, and sent for a constable. He abused every body in the house most grossly continually. I was obliged to go upon business and leave him there. The girl fell in fits soon after she got into the publick-house. I was before Alderman Harley the next day; the girl gave the same account, as near as I remember.

Mr. Armiger being a surgeon, was obliged to go upon some particular business, and could not attend.

Cross Examination.

Q. Was the prisoner in liquor or not?

Bradshaw. He might be a little in liquor. After the girl was in fits, that night, about half an hour after we were there, a man came in and said, Has any body here lost a box? I told him there was.

John Harford . I am a servant to Mr. Daniel Wyre , one of the directors of the East-India company; he lives in the Temple. On the 14th of December, I had been in the city, about some business for my master. I was walking home in the afternoon, and at the corner of Bread-Street, Cheapside, I saw a concourse of people assembled together. Wise, the prisoner, was in the middle of them; and the young woman was accusing him with having given another man her box, who had run with it; and that he had proposed to see her home to Gravel-lane, Wapping, and had brought her out of her way. Upon this I walked on, as there were some gentlemen that said they would take care of him. When I came to the Rose and King's Head, on Ludgate-Hill, at the end of the entry stood Groves, with a box under his arm, in the street, looking towards St. Paul's, as if he was looking for somebody coming: upon hearing the girl's declaration, I imagined this must be the man that had her box. Upon which I asked him, if he was waiting for any body coming out of the city? He said he was. I asked him, whether he was not desired by that person to bring that box somewhere, and to wait for him? He told me, he was. I asked him if it was not a servant in livery? He said it was. Then I thought this was the man that was represented by the girl. I told him that man was in hold, that had given him the box, and that he had better go into the house, or go back with me, and give me an account of the box: upon which he went forward into the entry, and began to equivocate. Some gentlemen hearing this, desired me to follow him, and take him in charge.

Q. What was it he said in answer to you?

Harford. He said, I had no business with the box, or to challenge him, and he would go and carry it into the house. I went into the house after him, he laid the box on the table where the landlord was sitting, and then said, we had no farther business with him, as he was desired to leave it there, and he would go about his business. He wanted to go away. I asked the landlord and landlady, whether they knew any thing of that box being directed there, or knew any thing about it. The landlord said, I had better send for a constable. He still wanted to get to the door. A man that was drinking a pint of beer with the landlord said, We had better keep the door fast, and he put his back against it. I told him, if he was an honest man, he would stay till the constable came, and give an account of the box. He said, I had nothing to do with him, and he would go about his business. At last, he went into a little room, where the landlord had been drinking, and sat down. The landlord went for a constable, who came, then we took him away to the Bull-Head, in Bread-Street, and the constable carried the box; there we found the young woman in fits; and there was John Wise there in charge of another constable. Wise asked Groves, who had a right to take him into custody, and was very abusive to every body there. Groves said but little. Wise asked the constable, what authority he had to take Groves into custody; the constable took out a paper, his deputation, and gave it into Wise's hand. Wise gave it to Groves, and said to him, Do you take this Jack, I warrant you, we will cook him; or something to that purpose. They brought the young woman down, to see if that was the man; as soon as she saw Groves, she gave a squeak, and said, that is the man, and fell into a fit immediately.

Cross Examination.

Q. Did Groves say he was desired to bring the box to that place?

Harford. He did, and said, the other man said, he would be there presently.

Q. Did Groves tell you what he himself was?

Harford. He said he was in the warehouses in the India-House.

Richard Cowell . On the 14th of December, in the dusk of the evening, Groves and this last witness came into my house; Groves had a box under his arm. I keep the King's Head and Old-Rose on Ludgate-Hill. Groves said to me, How do you do, landlord? I said, You have the advantage of me, I cannot recollect you. He said, he was ordered to bring that box and leave it there. The gentleman's servant said, he believed he had taken that box from a young woman in Cheapside, by the description he had heard. Then I said, it was necessary that a constable should be sent for.

Q. Had you received any notice that such a box would be sent, and left at your house?

Cowell. No, I had not. Groves said, he should not stay, but would go home; he had a wife and children in Petticoat-Lane. I desired an acquaintance of mine to take care of him while I went for a constable. I went and brought one, and the gentleman's servant gave him charge of the prisoner, on suspicion of running away with that box. He was taken to the Bull-Head, in Bread-Street. I went with him to see if it was as the young man had said. Groves went up to the prisoner, Wise, I found they knew one another. I enquired where the young woman was; they said, she was up stairs. in fits on a bed; we carried the box up stairs. She took the key out of her pocket and opened it, but went into a fit again. She shewed us what was in the inside, when she came to herself again. We brought her down stairs, she fixt upon Groves as the man that run away with her box.

Wise's Defence.

I was coming to town from Chigwell. This girl was coming upon the box with me; the landlord at Chigwell had a hamper of fowls, which was to be sent into Yorkshire; he told me he should be very much obliged to me if I would see them safe to the wharf. We drank two or three glasses of brandy to keep the cold out. It snowed all the day. We came to the Bull-Head, in White-Chapel; as we came, I desired the coachman to stop at a tallow-chandler's at Stratford, that I might pay him a bill, but he would not stop. Then at the inn, I asked the girl to go into the tap-room, she was very cold; I called for some hot, and sat by the fire an hour, or an hour and a half. I asked her if she would go and see a play; she agreed to go. A porter was called to take the fowls. The porter said, Madam, let me carry one of your bundles. She gave the bundle to the porter, and the box to me. I met John Groves , and in shaking hands with him, who should come by but Mr. Duffel, that I wanted to pay the bill to. I desired the porter to walk on. We went into a house, and had a pot of brandy hot, and after that two more; I believe, we staid in that house three hours. I found afterwards, the porter had delivered the hamper, and her bundle to the book-keeper. We agreed at that house to go to the play. I having not ate any thing, when I came into the air I could hardly walk. When we went on, the girl held by my arm sometimes, and sometimes my arm was round her waist; we came as far as the Royal-Exchange. I desired Groves to carry the box on to such a house; I mentioned no landlord's name. When we came to Cheapside, she was sometimes a little behind me; there that gentleman accused me with running against him. I did not recollect it till they told me of it the next day. There I was taken in custody, near the corner of Bread-Street, and the next day Mr. Alderman Harley committed us both.

Groves's Defence.

I keep a house in Petticoat-Lane, and do business in the India-House. Coming by the church to go home, I met Mr. Wise and this young woman. He said, there is a porter gone on to some wharf. Then came Mr. Duffel. Mr. Wise said, he had a bill to pay him; they went into a public-house. Mr. Duffel asked me to come in and drink. I went in. I staid drinking part of two pots of hot. Mr. Wise said to me, You may as well carry this box, as another man. I did not know, but he was going to the other end of the town. I went home and returned. Then Mr. Duffel was gone. Mr. Wise and the girl were sitting there: we went out; he had the box under his arm; we went to Leaden-Hall-Street; then he turned round and gave me the box, and they two went arm in arm, till we came to the 'Change. I had not opened my mouth to the girl. There he let the girl go. Then I went to her. She said, Where are you going? Said I, Pray where are you going? She said, To Wapping. Then I went to Wise, and asked him where he was going. He said, Go along. I was going away. He said, take. This box, and carry it to the house the corner of St. Paul's Church-Yard. I took the box, and walked to that house, the Rose and King's Head, and waited about a quarter of an hour. I was going in, when I saw that gentleman's servant. Said he, Are you waiting for any body? I am, said I. Said he, There is a man taken up in Cheapside, and the girl is in fits. Then I went into the house, and put the box upon the table, and said, Now I believe, I may go. He said, No. I sat down about half an hour: then I said, I shall not stay here without you send for an officer. I staid a quarter of an hour after that. After that, they brought one of my Lord Mayor's officers. They took me to John Wise , and from thence to the Counter. Going along St. Paul's Church-Yard, they pulled and hawled me along, and the gentleman's servant said, he would take care of me, and that I should not work at the India-House any more. The girl came down stairs, and said I was the man that had her box, and went into a sit again. They carried me to the Alderman, and I was sent to the Counter.

For Wise.

John Duffel . I am a tallow-chandler, and live at Stratford. On the 14th of December last, I met with the prisoner, Wise, near Aldgate-Church. He paid me 5 l. 1 s. and 4 d. on Captain Rayment 's account, at the Rose and Crown, partly opposite Aldgate-Church; there were John Groves and the young woman and he together, we all drank to each other very agreeably. After the reckoning was discharged, I came away and left them together. I always looked upon Wise to be an honest man.

Newton. I have known Wise four years; he lived with Mr. Blewet. I believe, he behaved extremely well. Mr. Blewet left him twenty guineas, and all his wearing apparel, and by a codicil, he left him ten guineas more; calling him his faithful servant.

Mrs. Newton. Wise lived servant with my brother.

Mr. Blewet. He bore a very good character during that time.

James Sims . I keep a public-house at Chigwell. I sent six capons to go to Scarborough; and begged of John Wise that he would see them safe to the packet-boat at Dunn's wharf, above Bridge. I believe, he bears a good character.

James Woldridge . I keep a chandler's shop in Little St. Andrew's-Street, Seven Dials. I have known Wise about seven years. I never heard any disrespectful thing of him in my life.

John Hawkins . I live in Great Wild-Street. I have known him from a child, I always heard a good character of him.

Thomas Magrah . I live in Clement's Lane, Clare-Market; I have known him five years. I never heard but that he had a good character.

Thomas Ralfe . I have known him upwards of five years; he has as good a character as any young man I know.

For Groves.

William Webber , Esq. Groves was my servant between fifteen and sixteen years; he left me last May on account of his marriage, or I should have had him now. I got him into the India Ware-House, where he works. He married my servant maid. He is a very honest faithful fellow.

Henry Fletcher , Esq; I have known Groves about thirteen years. I always thought him to be one of the most faithful, honest servants, that ever I saw.

William Webber , junior. I have known him pretty near sixteen years; he was exceeding faithful, and strictly honest.

Andrew Mophet , Esq. I have known him fifteen or sixteen years; he was a most faithful, honest, indrustrious man.

Captain Richard Morris . I am in the East-India service. I have known Groves about nine or ten years; he is a very faithful honest man.

William Murphey , Esq. I am in the East-India service. I have known Groves ten years, and I believe him to be as good a servant as a man can have.

Both Acquitted .

107. (M.) William Berry was indicted for stealing twenty shillings in money, numbered , the property of James Rudd , Jan. 3 . ++

James Rudd . I keep the Plough and Harrow, a public-house, at Hammersmith . The prisoner was servant to me two years. On the 3d of this instant, I met him coming out of my bar. I asked him what he had been doing? He said, Nothing. I went to the bar, and found the till open, and the bag half out. I put my hand into the prisoner's pocket, and took out thirty-one shillings in silver. We often leave the till unlocked. I took him up into his room, thinking he would confess what he was going to do with it. He would not confess any things. I sent for a constable and took him before Justice Welch; there he owned to it, and said, it was the first time he had done so. He owned he took about twenty shillings, but said the rest of the money was his own.

Q. How old is he?

Rudd. He is thirteen years of age. His mother lives at Richmond.

John Merridan . I am the constable. I heard the prisoner confess, he took about twenty shillings of his master's money.

The Prisoner said nothing in his defence.

Guilty . T .

108, 109. (M.) LAURENCE BALFE , late of the parish of Hanwell , in the country of Middlesex, labourer , and Edward Quirk , late of the same place, labourer, otherwise called Edward Kirk , late of the same place, labourer, otherwise called Edward M'Quirk , late of the same place, labourer, were indicted, together with a certain other person, to the jurors as yet unknown, not having the fear of God before their eyes, but being moved and seduced by the instigation of the devil, on the eighth day of December , in the ninth year of the reign of our Sovereign Lord George the Third, king of Great Britain, &c. with force and arms at New Brentford, in the parish of Hanwell aforesaid, in the said county of Middlesex , in and upon one George Clarke , in the peace of God and of our said Lord the King, then and there, being feloniously, wilfully, and of their malice aforethought, did make an assault, and that the said person, to the jurors as yet unknown, with a certain stick, of the value of one penny, which the said person in his right-hand then and there had and held, the said George Clarke , in and upon the upper part of the head of him the said George Clarke , then and there feloniously, wilfully, and of his malice aforethought, did strike, giving to the said George Clarke , then and there, with the stick aforesaid, by the stroke aforesaid, in manner aforesaid, in and upon upon the upper part of the head of him the said George Clarke , one mortal wound of the length of two inches, and of the depth of half an inch, of which said mortal wound the said George Clarke , on and from the said eighth day of December, in the ninth year aforesaid, until and upon the fourteenth day of December, in the ninth year aforesaid, as well at New Brentford aforesaid, in the said parish of Hanwell, in the county of Middlesex aforesaid, as at the parish of Saint Mary le Bone, in the county of Middlesex aforesaid, did languish and languishing did live, and then and there, that is to say, on the said fourteenth day of December, in the ninth year aforesaid, at the parish of Saint Mary le Bone, in the county of Middlesex aforesaid, he the said George Clarke , of the mortal wound aforesaid, died. And that the said Lawrence Balfe , and Edward Quirk , otherwise called Edward Kirk , otherwise called Edward M'Quirk , feloniously, wilfully, and of their malice aforethought, were present, aiding, helping, abetting, comforting, assisting, and maintaining the said person, to the jurors as yet unknown, the felony and murder aforesaid, in manner and form aforesaid, to do and commit. And so the jurors, upon their oath aforesaid, do say, that the said person, so to the jurors as yet unknown, and the said Lawrence Balfe , and the said Edward Quirk , otherwise called Edward Kirk , otherwise called Edward M'Quirk , the said George Clarke , in manner and form aforesaid, feloniously, wilfully, and of their malice aforethought, did kill and murder, against the peace of our said Lord the King, his crown and dignity . * + || ++

The prisoners challenged Silver Crispin , William Sharp , and Lawrence De Rippe .

The Jury sworn.

Henry Atkins ,

Thomas Lovett ,

William Wilkinson ,

John Braithweight ,

Nathaniel Morgan ,

Thomas Taylor ,

Robert Gouland ,

William Halfpenny ,

Thomas Holgate ,

Alexander Sheen ,

William Creeland ,

Joseph Allen .

Mr. Serjeant Leigh , Mr. Impey , and Mr. Adier , were Council for the Crown.

Mr. Serjeant Davy , Mr. Serjeant Burland , Mr. Walker , Mr. Lucas , and Mr. Murphy , were Council for the prisoners.

After Mr. Serjeant Leigh had stated the several facts, as they will appear in the trial,

Robert Jones , Esq; was sworn.

Examined by Mr. Impey.

Jones. I was at the election at Brentford; I came there about eleven or twelve o'clock, the 8th of last December.

Q. Did you stay there till the riot began?

Jones. Yes.

Q. What time was that?

Jones. It began between two and three. It went on very peaceably till between two and three; I cannot be particular to a minute.

Q. Please to give the court an account what part of the Hustings you was upon. Did you look north or south?

Jones. The Hustings was oblong. I really cannot describe the situation of the booth. There is a narrow butt goes down. I was on the farther angle, on the right-hand-side, down below from the door, on the farthest part from the door. The door is in the centre, in the narrow part of the oblong. I was looking towards the people round the Hustings. The first part of the riot I saw was a scuffle between some of the constables and some of the mob. This was opposite the narrow lane that goes down to some getlemen's houses. I am an utter stranger to Brentford. They very soon overpowered the constables.

Q. How did you distinguish the mob from the constables?

Jones. The greatest part of them had a labe in their hats, with Proctor and Liberty.

Q. At the distance you were, could you see that label to read the inscription upon it?

Jones. They came on the part where they overpowered the constables close to the Hustings, and there I distinguished it.

Q. Did these people appear to be a scattered people coming from different quarters, or did they appear to be a compact body?

Jones. At first they were scattered, till they gathered together on a rising ground, where they became a compact body, and then they made a regular attack; they beat and drove every person from the Hustings, and knocked down every person that stood in their way, and pursued many of those who ran from them.

Q. Did you see any blows struck?

Jones. I did; and I saw people fall, down that were struck.

Q. Please to look at the prisoners at the bar.

(He looks at them.)

Jones. They were both there, I know both of them.

Q. Did you know them before?

Jones. I never saw them before, as I know of.

Q. Did you see them before the riot began?

Jones. No.

Q. When was the first time you saw them?

Jones. The first time that I observed M'Quirk, I saw him strike, one or two persons, and they fell down.

Q. At what place and time did you first see him strike?

Jones. It could not be above three minutes from the first of my seeing him, that I saw him strike.

Q. How near was you to him when you first saw him strike?

Jones. He was about ten yards from me. He pressed on and struck another, and he fell down: then he went on, and joined the others. The mob threw bludgeons into the Hustings. At one time, there was one came in just where I was presented to the opposite side to shift for myself, and I saw no further of it.

Q. Pray what kind of weapons did this body me?

Jones. They were very large bludgeons.

Q. Had M'Quirk a bludgeon?

Jones. Yes, it was with that he struck.

Q. Did you see any more of it?

Jones. I saw no more of the riot then.

Q. Did you see the other prisoner there?

Jones. Yes, but I cannot say I saw him strike any body.

Q. Though you did not see him strike, did you see whether he had any thing in his hand?

Jones. I saw him with a stick in his hand, a brudgeon I think; they were rather larger than a walking-stick, therefore I call them bludgeon. They were about three feet long, some more, some less; he had one, and was waving it. He was near the other prisoner; M'Quirk was before him.

Q. You call M'Quirk's a bludgeon, and the other a stick; were the instruments, each of them had, of the same kind?

Jones. I take them to be near of the same kind, large sticks, or bludgeons.

Q. Did you observe the sticks that others had in their hands?

Jones. Yes, they were of the same kind.

Q. Have you since the riot seen the prisoner?

Jones. Yes.

Q. When did you see them?

Jones. That night. It was between ten and eleven o'clock that I saw them at the Shakespeare, in the Covent Garden.

Q. Had you any conversation with them?

Jones. I had.

Q. Give an account of it.

Jones. At the Shakespeare, at the time a gentleman asked me to go there. (It was Mr. Allen.) I asked what for. He told me a person was to meet him there. I asked him upon what business. He told me, that one of the people concerned in the riot at Brentford that day had told him, that he would meet him at the Shakespeare at ten o'clock, or thereabouts. Mr. Allen was obliged at that time to go to the House of Commons, and he desired me to go and stay there. I and Mr. Hannam accordingly went there. After staying some time, I began to suppose that the man had deceived Mr. Allen, and would not come. I was just going away, when a person sent up to know whether a gentleman was up stairs that had appointed to meet him. I desired him to come up. Balfe came into the room. As soon as he came into the room, I knew him immediately to be one of those people that I saw from the Hustings at Brentford that day: then Mr. Hannam was gone. When he came into the room, he told me he was not the man that had appointed to meet Mr. Allen there, but he was his friend, and he would come. I told him that person (meaning Mr. Allen) would be there soon, but it was no matter, we were friends, and he might relate what he had to say.

Serjeant Davy. I should be glad to know whether, when you told him you were friends, that you told him you was a friend to Mr. Allen, or to him, or a friend to the cause?

Jones. The man took Mr. Allen to be a friend of Sir William Beauchamp 's, and came there in consequence of that. I desired to know whether his friend was there, he said, Yes, and went and brought up M'Quirk. I knew M'Quirk immediately to be the same person I had seen at Brentford.

Q. How long might he stay before Quirk was brought up?

Jones. I cannot be certain how long; It was not a quarter of an hour. I told him that Mr. Allen would be there soon. I conversed with him concerning the affair at Brentford. Quirk told me he did not know what he should do. He came there to consult with Mr. Allen in regard to his safety. I told him he might safely let me know any thing he had to say to Mr. Allen. I asked him then how he came to be concerned in the riot.

Q. Had he said he had been concerned in the riot?

Jones. He had said he had.

Q. What led you to ask him that question?

Jones. Because I had seen him there: and when he came there, he did not suppose Mr. Allen or I intended to take him up, or take any advantage of what he should say.

Serjeant Davy. I object to this. This conversation relates to something that had passed between the prisoner and Mr. Allen before. I beg he may be asked whether Mr. Allen had told the witness, that he was to meet him there, to be encouraged, and to induce the prisoner to consider it as meritorious to declare what he had done at Brentford?

Justice Gould. I take, it my brother Davy's question points somewhat in this way, that when evidence is giving to the court upon the confession of the prisoner, the rule of law is this, That no confession ought to be produced but what is spontaneous, and not such that the party is drawn into by collusion.

Serjeant Davy. I think that the prisoner might be induced to boast of more than he had done.

Justice Gould. You suppose that this man was to host that he had knocked people on the head, in order to get a greater reward.

Serjeant Davy. I do not suppose Mr. Allen and these people meant that the man should say what he had not done, but if they talked of its being meritorious to the man, and the man was to think it meritorious, for which he was to have a reward, it was a natural encouragement for the man to increase that merit, and to say he had done more than in fact he had done.

Justice Gould. This is no sort of objection. I speak it in the hearing of my Lord Chief Baron, my brother Aston, and the Recorder, unless I mistake the rules of evidence. I look upon it, that where a man is intimidated with menaces, or drawn in by promises of favour, in that case no court of justice will ever permit such a confession it is against the very genius of the law of England to be given in evidence. What! if a man, without promising any favour, without rentening or menaces. In order to discover the truth, uses a stratagem to find out what the man has done, I do not see that that is not to be seen in evidence; I have no conception that that is an objection; I do not find they may escape with impunity, if you discover what you have done, or be sent to gaol if you do not, but only it was a stratagem of those people to get at the truth.

Serjeant Davy. The witness said, that he might safely let them know.

Justice Aston. I think this man should go on in his examination; he has said, that he told him he might safely let him know any thing he had to say to Mr. Allen, and he asked him how he came in the riot; he said he had seen him at Brentford, and the man did not suppose that Mr. Allen or he would take any advantage of him. Let the gentleman go on, it will be open for observation afterwards.

Q. What did the man say to that?

Jones. He made no answer to that, but I asked him immediately that question, how he came to be concerned in the riot, and by whose desire it was; he told me he was hired by a person, whose name was Tetam, or Chettam, and he was to have the same wages as at Northampton election; he said he was hired to go down there; that this Tetam was agent to Lord Hallifax; that the wages was two guineas a week, victuals and drink for himself; and as many men as he brought should have the same; and thought they had done their work completely for that day.

Q. Was the other prisoner present?

Jones. He was. I asked him whether he intended going down the next day if the poll continued.

Q. Which did you ask?

Jones. I addressed myself chiefly to Quirk. He said, he could not tell that, he was afraid there was such work done that day, that he believed it would be better for him to go to Dover in his way to Calais next morning. I had very little more conversation with him with regard to that, mentioning some particular parts of the riot, as I was a spectator. Balfe mentioned to me that he was hired by Broughton, and that he was to have a guinea for going down, whether it was for one day or two. He said, that though he was there, he had not struck any person, but it was such bad work, that he would not go down the next day if he was wanted. He told me, he had no dinner, as he was called down to clear the Hustings to make way for Sir William Beauchamp 's friends. I told him then, that he might go and eat some beef-stakes below stairs if he chose it. I stayed till Mr. Allen came, and then I went away.

Q. Have you ever seen either of them since?

Jones. I have. I saw them in the Round-House. They were taken to the Round-House that night. I went down to Appleby's in Parliament-Street. I gave information to Mr. Horne and others of this transaction, who thought it proper to secure these people. I returned with these gentlemen, and we took them to Sir John Fielding 's. We mentioned the affair to him; he desired we would take a constable and secure them till the next day.

Q. Where did you find them?

Jones. They were still at the Shakespeare. I had left Mr. Allen with them then at the Round-House. When M'Quirk found that I was not his friend, he denied great part of what he had before confessed. He did not deny his being there, but denied his either striking or beating any person.

Q. You say, he denied great part of what he confessed as to the striking, was that part of what he had confessed before?

Jones. Yes.

Serjeant Davy. That is a leading question.

Mr. Impey. I did not mean to lead the witness, and if you knew me, I would not do it.

Serjeant Davy. I know you would not.

Justice Gould. We are trying two men here for murder; let us do it with all gravity. Asking that question is improper; it is an illegal question. Do you recollect any thing move that this man said at the Tavern? That is the general question.

Jones. I would rather say too little than too much upon such an occasion.

Q. What did you mean by saying he denied great part of what he had confessed before at the Tavern? Did he deny having struck any body?

Jones. He confessed to me and the other gentleman, that he had orders to play about him (that was his expression) and said that he did play about him to some purpose. When he was brought to the Round-House, we wanted him to make the same confession there that he had at the Tavern, but he then grew sulky, and would not say any thing. He was ordered by the keeper of the place to be sent down; there is a place below; Balfe continued up, and he confessed before the gentleman there the same that he had before at the Tavern.

Q. What did he say at the Round-House?

Jones. He said, that he was there; that he was hired, but that he did not strike any body, and would not go again. He repeated in effect the same words he had said before.

Justice Gould. Have you found out what these men are? What is their employment?

Jones. They told me, they were chairmen.

Justice Gould. Did they mention any part of the town where they were employed?

Jones. No.

Cross Examination.

By Serjeant Davy.

Counsel. You are no voter?

Jones. No.

Q. Did you know Clarke?

Jones. No.

Q. He was no voter, I believe?

Jones. That I do not know.

Q. I think you say, the first disturbance you saw, was between two and three o'clock?

Jones. Yes.

Q. No disturbance before?

Jones. I did not see any.

Q. Had you seen a number of people before in the day, with sticks and bludgeons in their hands? I do not know what to call them.

Jones. I saw a great many people with sticks in their hands by the Hustings, and I saw the constables take them from them.

Q. Had the poll began before you came?

Jones. I could not for a long time get to the Hustings.

Q. At what time did you get there?

Jones. It was past twelve.

Q. How long had the poll begun at that time?

Jones. I cannot say.

Q. Then you stayed upon the Hustings till the riot?

Jones. I did, till the pole was adjourned.

Q. Did you observe, in the beginning of the pole, I believe, that the number of voters for Mr. Serjeant Glyn was much greater than the number of those for Sir William Beauchamp Proctor?

Jones. To be positive with regard to that, I cannot; I know the majority was supposed to be great. There seemed a greater number of Mr. Glyn's voters than of the others.

Q. Did not you observe, that the proportion in favour of Serjeant Glyn gradually decreased by two o'clock?

Jones. I did not. I think to the contrary.

Q. You misunderstand me. I do not ask you with respect to the number of people that were about the Hustings, but of the voters. I want to know whether the number of voters were not very greatly superior in behalf of Mr. Serjeant Glyn, at the beginning of the day, and whether they did not very much decrease, and Sir William Beauchamp Proctor's numbers were getting up, so as to get, in all likelihood, a majority?

Jones. It did not appear so to me; I cannot speak positively as to that.

Q. Whether at looking at the books, you looked round and saw the whole, as you was there as a friend to Serjeant Glyn?

Jones. I went out of curiosity.

Q. But you went to serve Serjeant Glyn?

Jones. No. If I had had a vote, I would have given it the Serjeant.

Q. As you was a man of curiosity and had no particular business there, I want to know whether your curiosity did not lead you to look round the poll books, so as to enable you to answer this question? My question is, whether you did not find the Serjeant's poll decreasing, at the time of the riot?

Jones. I cannot give a particular answer: I think otherwise.

Q. What led you to think so?

Jones. That is a very odd question. It was from my observation.

Q. Did you observe the books?

Jones. Yes.

Q. From that inspection you thought otherwise?

Jones. Yes.

Q. Upon your oath did not you understand at that time, though you did not look at the poll books particularly; did not you understand the opinion of your friends about you, that Serjeant Glyn's majority had very much decreased to what it had been in that day?

Jones. I answer upon my oath, I did not hear such an observation made.

Q. Upon your oath were there not some people (I do not mean people that had votes, or whether they had or no, I do not know) there with the names upon their hats of Proctor and Liberry, that were known friends to Serjeant Glyn?

Jones. Not any thing of that sort came to my knowledge.

Q. Were the people who had the words Proctor and Liberty in their hats shouting for Serjeant Glyn?

Jones. Not that I know.

Q. Were the people with the names Proctor and Liberty, bearing the voters of Sir William Beauchamp Proctor?

Jones. I told you before, they beat indiscriminately every man they met with,

Q. You yourself know nothing of any people being hired on the behalf of Serjeant Glyn?

Jones. I do not.

Q. You say you was led by curiosity; was you, or was you not, very busy and active in behalf of Serjeant Glyn?

Jones. The first day I was no more than a spectator upon the Hustings, merely looking on.

Q. Then you did not assist any body up to the Hustings?

Jones. No. I was not off the Hustings during the whole time.

Q. You saw the mob coming towards the Hustings, at some considerable distance before they came there?

Jones. The distance is not far. From the Hustings to the houses is not a great deal farther than to these houses. (Pointing across the Court-Yard.)

Q. Were not the people upon the Hustings thrown into confusion by the arrival of the mob at the Hustings?

Jones. The confusion began, I think, as they came and attacked the angle of the Hustings where I was.

Q. That is my question. Whether the people were in great confusion upon the Hustings, by the arrival of the mob there?

Jones. Where the constables opposed them, that was very near the Hustings.

Q. How long was it after the arrival of the people, before the poll was cleared?

Jones. I cannot be positive. I do not believe it was above ten minutes.

Q. Was it five minutes?

Jones. I cannot be positive as to the minutes. I was under apprehensions of my life, so that I cannot be positive.

Q. It is from that reason, that I am led to ask this question. The first is, whether you was not all thrown into confusion and consternation, by the arrival of the people?

Jones. I saw it coming on. I saw these people. I was not destitute of my senses, though I was alarmed.

Q. Did you know where Clark stood?

Jones. I never saw him, either dead or alive, that I know of.

Q. Was you employed, or did you employ yourself rather, in sending intelligence to the agents about the election that day?

Jones. Not at all. I went to look at one book and another round there, as my curiosity led me. Whenever I saw a friend, a gentleman of Mr Glynn's side, I told him, that I saw such a book, and there was a majority in that page.

Q. Did you not do Mr. Serjeant Glyn all the service, that lay in your power?

Jones. I was not employed by him.

Q. I ask you, if you did not busy yourself in that cause?

Jones. I told the friends of the Serjeant that came to poll, that I looked down the books, and there was perhaps eight to ten, or ten to twelve, majority.

Q. Did you mean by that, to serve the Serjeant?

Jones. I could be of no service to him.

Q. Whether the intent of your going to the Shakespeare was, or was not, to make these unhappy men believe, that you were friends of Sir William Beauchamp Proctor; and to induce, them, in expectation of encouragement, to make some confessions, with the design, when such confessions were made, to entrap them by those confessions?

Jones. I had no design when I went there. Though I had no reason to disbelieve the gentlemen that told me of it, yet I staggered and did not think they would be there, when I was told they would.

Q. That is not the question. I ask you, whether your being at the Shakespeare, was not in consequence of a preconcerted agreement, between you and Mr. Asten, or Mr. Horne, or any body else? Whether your intention was not to induce these men to make a confession, in expectation of its being meritorious; and when the confession was made to you, as Mr. Proctor's friend, to entrap them afterwards?

Jones. Not as meritorious, but to bring to light. Those people taking us to be friends of Sir William Beauchamp Proctor, declared the affair to us, not knowing whether we were so, but they took us to be so. The man did not know Mr. Allen's name, he was to enquire (as Mr. Allen informed me) for Sir William Beauchamp 's friend at the Shakespeare.

Q. Well, and the man not knowing who Mr. Allen was, you personated Mr. Allen?

Jones. Yes.

Q. Then the men were to suppose that you were friends of Sir William, and ready to approve of whatever mischief they had done?

Jones. I pretended to be a friend of Sir William's, to get at the truth of the affair. The men looked upon Mr. Allen to be a friend of Sir William Beauchamp 's; I told them that I was not Mr. Allen, but that I was a friend of Mr. Allen's.

Q. What do you mean by personating Mr. Allen?

Justice Aston. He said before, that he told them, that Mr. Allen would be soon there.

Q. What did you mean by telling the men, that they might safely let you know what they had to say?

Jones. That I should take no notice of it.

Q. Tell me this. When you had these men in the Round-House, you wanted them to make a confession, but Quirk was sulky and would say nothing; upon which the keeper sent him below. Now that below, is a place they call the Black-Hole, is it not?

Jones. I never was in the place in my life before. I do not know.

Q. Is not this the place where the poor woman was suffocated some time ago?

Jones. No, that was at St. Martin's.

Q. What sort of a place is this Black-Hole?

Jones. I never was there.

Justice Gould. Now I understand, correct me and set me right, if I am mistaken in it. That he wished to have this confession repeated at the Round-House, that he had heard at the Tavern?

Jones. Yes.

Justice Gould. That Quirk finding you was not his friend, denied his having struck any one, but did not deny that he was there; and then grew sulky and would say, no more?

Jones. Yes

Justice Gould. Upon that, I understand this They said, Well, we have nothing more to do with this man, put him down; but not to extort a confession from him.

Q. I desire to know, whether that is a common place of security for people charged with felony; or a place for punishing refractory people?

Jones. I can give you no answer about that I know nothing about it.

Q. After Balfe had repeated what he had said before, was he put into the Hole below?

Jones. No.

Justice Gould. How long afterwards was in that they were sent to gaol?

Jones. I heard the next morning, at Sir John Fielding 's, that it was between eleven and twelve o'clock.

Justice Gould. I ask you this plain question. When this man was sent down below, did you afterwards make any farther examination of Quirk; did you examine him again?

Jones. I cannot say positively, whether he was brought up again or not; we staid there a long time conversing with Balfe. He made the same confession there, that he had made to me in the Tavern.

Justice Gould. Who directed Quirk to be confined in the Hole?

Jones. The keeper of the prison.

Justice Gould. Did any body give him direction to do it?

Jones. He was desired to take care of them.

Q. Was Balfe put down?

Jones. No.

Justice Gould. Was there more or less said, than desiring the keeper to secure them?

Jones. Not that I heard of.

Q. Do you know of any reason why Quirk was put down, and Balfe not?

Jones. Balfe, on mentioning what had been done, there was lenity shewn him, and he had a bed up stairs; one of us gave him a shilling for the bed.

Mr. Impey. You have been asked whether you are a voter? I should be glad if you would tell who you are, and what you are?

Jones. I live at Fanmouth Castle in Glamorganshire; I am the possessor of it.

Mr. Impey. As there has been some insinuations thrown out concerning you, I should be glad to know if you have any property there?

Serjeant Davy. I do not see the use of that.

Mr. Impey. You might be understood to mean, that the gentleman was hired.

Serjeant Davy. No, I say no such thing.

Mr. Impey. Pray, Sir, have you not a large estate there?

Jones. I have about three thousand pounds a year in Wales.

Mr. Impey. Are you a private person, or a magistrate?

Jones. I am a Justice of the peace.

Miles Burton Allen , Esq; sworn.

Examined by Mr. Adair.

Q. Was you at Brentford on the eighth of December last?

Allen. I was.

Q. At what time of the day did you go there?

Allen. I do not recollect directly the hour. I believe several had polled before I got on the Hustings. I will not even charge my memory with an hour, nor two hours on that: I will not chuse to do it. I was upon the Hustings before twelve o'clock.

Q. Did you observe the course of polling while you was there?

Allen. I was on one side of the Hustings, seeing several of my friends poll there.

Q. Which corner of the Hustings?

Allen. The upper corner towards (I think) the constables.

Q. Was it the corner next the door, or opposite?

Allen. Next the door.

Q. That is the south end. Did you observe any disturbance at any, or what time, during your stay upon the Hustings?

Allen. Between two and three o'clock, I observed a very large party; (I don't know whether it is applicable to this point, I saw a parcel of butchers;) they went round the Hustings, and then went opposite the door of the Hustings, and there they rang their marrow-bones and cleavers: some time after this, (the butchers were about one or two and twenty I believe) it was past two o'clock, when a party got out of a little house upon a rising ground, opposite the corner of the Hustings where I stood.

Q. Where was that little house?

Allen. On the left-hand side, as you go down the Castle-yard.

Q. What distance might it be?

Allen. I can't pretend to ascertain the distance.

Q. We are not asking to an inch. How far might it be?

Allen. It would be very importinent in me to ascertain a particular distance.

Q. Were they so near that you could distinctly observe what they did?

Allen. O! certainly.

Q. What number did they appear to be?

Allen. The number was large.

Q. Were they a considerable number?

Allen. They were; it is impossible to ascertain to 20, 30, 40, or 50; there were a very considerable number.

Q. Had they any thing with them?

Allen. Bludgeons. - Every man that I perceived.

Q. What did you observe them do?

Allen. I saw them come up from that corner: they waved their sticks; they came round the gentlemen that were polling, but they did not touch them at the first time, they only waved their sticks, and then went to the other rising ground. There is a rising ground all the way along that part to another rising ground.

Q. Was the part of rising ground that they went to, the end of the Hustings opposite the door?

Allen. Yes. It was there as the first place that I saw them strike.

Q. What did you see them do there?

Allen. I am sorry, for particular reasons; I am sorry to accuse one of the prisoners at the bar, as he was the means of saving my life, that is M'Quirk. I saw the mob knock down several people. I went first to speak to Mr. Hill, to tell him of it, then I came back to my place in the corner.

Justice Gould. Mention what you saw done in general, and then come to particulars.

Allen. I saw them knock down several people. The first time I saw them, I went and told Serjeant Glyn of it.

Q. In what manner did they come on the rising ground?

Allen. That I cannot tell.

Q. How did you distinguish the persons you call the mob?

Allen. Round the Hustings the people were very much crowding. The first that I saw them kock down, was close by the Hustings. There was a party came to where I was, at the corner of the Hustings, and knocked down the people immediately; friend or foe. I did not see any difference to one more than another.

Q. Were either or both the prisoners at the bar in that party that came where you was?

Allen. Quirk I saw in the first attack He was not in the party that came to the corner where I was on the Hustings. I saw him among the first party. I saw him afterwards among the people that attacked that part of the Hustings where I was. I don't know but that I might wrap out an oath or two. D - m you, what do you do here? And they gave me some of their favours likewise I received several blows.

Q. Did you see Quirk afterwards upon receiving these blows?

Allen. I did not think it was my business to get up to oppose a mob. I inquired for Sir William Beauchamp , he was my man; there was a gentleman stood near where Sir William was. I went to Sir William. I will not pretend to ascertain the particular words that I might have expressed at that time to him, but it was to this purpose: Whether he meant to be returned for the county of Middlesex by a mob in that manner? Sir William declared upon his honour, that they were not his mob. They had Proctor and Liberty in their hats, I believe, at the same time. I went up to Mr. Sheriff Shakespeare, and remonstrated with him. What words might have dropt, I cannot pretend to recollect: I believe Mr. Shakespeare was of opinion with me, that it was a very odd affair. I returned to Sir William Beauchamp , on seeing a regular mob draw up on the lower side of the Hustings. I have seen men very often drawn up, but I think they were as regularly drawn up as ever I saw. They were headed by one man; they had clubs ready. Their mark was the side of the Hustings. When I spoke to Sir William Beauchamp , it was before they came up to the Hustings. There was a house below the Hustings, and they turned up by that house; he had denied before, that they were his mob; I desired to know whether they were his mob or not. He declared to me upon his honour, that they were not. Upon that, while I was speaking to him, they came on and attacked the Hustings in that part, and knocked down indiscriminately friend or foe. There were a number of mobs, one attacked one place, and another at another. The prisoner, M'Quirk, was in this mob that attacked the lower side of the Hustings, where I was. I say nothing against Balfe.

Serjeant Davy. What, all at the same time?

Allen. Not immediately at the same time. Sir William Beauchamp denying the mob to be his, some gentleman on the other side insisted upon his either explaining himself, or stand convicted. He came to the bar of the Hustings; one man came up and cry'd out, that no man should vote but for his honour.

Q. Was that man one of this body?

Allen. Yes. On the lower side of the Hustings on which Quirk was.

Q. Did he come up to Sir William?

Allen. He came to the outside of the Hustings. He was withinside the Hustings, and the man on the outside. Sir William Beauchamp came first towards the rails. I was close to Sir William. he was it my right hand.

H. Justice Alice. What did the man say?

Allen. I am sorry to say it, and I am ashamed to say it; I asked him who gave him orders; his answer was, Sir William Beauchamp .

Justice Gould. You say one of these men, at the lower part of the Hustings, said, No man shall vote but for your honour?

Allen. And he said, your honour for ever, and God bless your honour; and a great deal of that.

Justice Gould. You asked the man who gave him orders?

Allen. I did. He said his honour Sir William. Upon which I looked at Sir William, and then repeated the question to the man. The man made the same answer. I was not content with: only once.

Mr. Recorder. It did occur to me, and I expressed it privately to the learned Judge, whether we are regular and proper in this part of the cause. We are going on a conversation between Sir William Beauchamp and this gentleman, and a third person. It seems to have no relation to these two men; they are undoubtedly responsible for every act they committed, or assisted others to commit: but surely the question, Who was the original promoter of this mob? (some other person than these two men) to be now gone into by this sort of evidence, by a conversation between Sir William or any other man, where these two men are not parties, seems to be a question totally improper. A great deal of this evidence goes to prove that Sir William might be indicted by this, and called upon to answer for it; and it might be proper evidence against Sir William; but not against these two men.

Mr. Jus. Gould. It will be impossible for me to determine Mr. Allen has completed his story in the manner he is going on; I think it is very all applicable evidence to a case of this sort. For suppose it should come out; not that it is to affect Sir William Beauchamp , I have nothing to do with that now; I am to administer justice according to my oath, let it affect whom it may. But suppose it should come out, that any man, be he who it will, did collect together a set of men in an unlawful purpose, the very collection of that body of people, to excite that unlawful purpose, is a part of that body of evidence that is to be submitted to the jury, whether they did not come there to bring about every consequence and every event that happened? The result of that assembly. - Now, what is the account that this gentleman has now given? That one man issuing forth from the body of armed men comes to Sir William Beauchamp Proctor, as I conceive, just before, and in the presence of the rest of the body, thus assembled (as I understand it) and tells Sir William Beauchamp , No one shall vote but for your honour. No one shall vote but for your honour. Why then this gentleman is going on, and says, That he repeated the same question to the man again, in the presence of Sir William Beauchamp Proctor, who stands upon his right hand. What Sir William Beauchamp Proctor may say, is yet in the dark. He may, for what I know, disavow it, as he did before, when the gentleman spoke to him. He may say, I know nothing at all of it; I have nothing to do with it. Suppose, on the other hand, it should turn out that Sir William, in the hearing of the mob, did assent in substance to the question that this gentleman has mentioned, is not that evidence for the consideration of the jury, whether this body of men is not collected by somebody? It will be evidence of their assembling. As to the end and consequence that followed the unlawful acts and violence committed, that is another consideration; but it tends to shew the malignant nature of the body.

Lord Chief Baron. I think it may be properly asked, for this reason, to shew that these persons were assembled upon an unlawful occasion; the consequence of which will be, that if they were so, and any act was done by any one that terminated in murder, all persons concerned in the prosecution of that unlawful design or purpose, will be answerable for it, if they were present, aiding and abetting it; and here, for what I know, as my brother said, it may be answered, that Sir William disavowed these people, and has nothing to say to it. I do not know how it will turn out. It is true, what passes here cannot really and essentially affect him.

Mr. Jus. Aslen. I apprehend the force of the learned Recorder's observation goes to this, that any conversation that passes between Sir William Beauchamp Proctor and the witness, is by no means to affect (let that conversation be what it will) the life of either or the parties, that are on trial, unless that is really and fully brought home to them. Now, therefore, I should think it totally immaterial to these prisoners, unless it was brought home to them. But in the course of the examination I think it necessary to be proceeded in. First of all, I think it totally immaterial, whether Sir William Beauchamp Proctor or Serjeant Glyn hired the mob, or whether they acted in an illegal and riotous manner, and committed the murder. Whether they were paid for doing it, or did it of their own evil disposition. In the next place, there was a mob with Proctor and Liberty in their hats; knocking down every body that came in their way indiscriminately; that stands uncontradicted; and that Quirk was one of that mob, acting in that part, where this conversation past; but whether he heard it, or no, is left for farther consideration. A man that was not a friend of Sir William Beauchamp Proctor, might insiduously say, Oh, for your honour! and yet be on the other side. We all agree in this, that unless the examination come home to these men, it is immaterial what they said to one another. Sir William then denied it; but whether he will deny it by-and-by, we shall hear. So far I think it is evidence. I am, for my own part, yet revolving in my own mind, whether Tetam, or this, or that, or the other, hired them, and they go and knock people on the head, they will not be all involved.

Mr. Recorder. The learned Judge will do me justice to say I did point out a particular objection to this question; I meant partly to intimate a doubt whether it was proper to go into a particular examination now, whether Sir William had any hand in hiring that mob. I thought it totally foreign to this question. I thought they were equally responsible for their unlawful acts, whether hired by this or that man, or not at all. I thought this enquiry might only affect other people in another shape, which I thought not proper for this enquiry.

Mr. Jus. Gould. Mr. Recorder suggested it to me. He did prudently. He acted as became his station in the most honourable manner, I thought, as the doubt was suggested to me, I had no right to suppress it by my own private opinion. I thought it incumbent upon me to discharge my conscience, to hear the opinions of the other Judges. I shall not at present give my sentiment how far that may strengthen the case, however it may turn out, only just to assign my reasons for going on; and I am obliged to the Recorder for suggesting it. - Upon the gentleman's saying, Who gave you orders? his answer was, His honour. You say, you looked at Sir William Beauchamp , and repeated the question, and the man gave the same answer, Sir William being on your right-hand. How far was he from you?

Allen. I had him close to me. As to the particular words that past between me and Sir William upon his honour, they were It is very true, the man impeaches me; upon my honour, I am innocent. What can I say more? Then, in the middle of the Hustings, there were some words that past upon this account. It might be a minute, or a minute and a half, before I observed the same mob, as they came round the upper side. They had cleared the lower side in a very short time. They shifted to the upper side, and we all in confusion, you may naturally suppose: I saw them not only knocking down, but beating the people unmercifully upon the ground. I spoke to Sir William Beauchamp again, and said, For God's sake, if they are not your mob, try if you can have any influence to prevent murder. Sir William's reply was, What can I do? they are not mine, (repeating upon his honour, as he had before declared.) Upon seeing such barbarity, I made use of such an expression to Sir William, that I believe was not so proper to do, and jumped over the Hustings, and seized the prisoner Quirk, and I believe I made use of this expression, God d - mn you, (or something like it) do you mean to murder these fellows? The prisoner, I will say that for him, left off; but the other fellows that were with him, had a mind to serve me much in the same manner. What I might have suffered, whether I might lose my life or not, I owe to the prisoner Quirk, who held his club over my head, and cried, Be quiet, be quiet; what are you about? this is a friend of Sir William's. It was very fortunate for me that he made that mistake; and I believe your Lordships may be assured I did not attempt to undeceive him. I said to the prisoner, Who gave you orders? He said, he knew very well; that was his first answer. I repeated the question, and sollicited him to tell me; his answer then was, It was Lord Hallfax's man, I asked him, What man? I think he said Tetam, or Tattam, I will not be certain to the name. He told me afterwards, it was Mr. Tetam. It was not a proper place to enquire farther. I desired him to walk along with me, and another of the men, who appeared to be the ringleaders. When we came down to the Castle-yard, I enquired particularly how they came to make the attack. I drew them from that place. There were two or three that followed him into the Castle-yard. I stopped a little there to examine him further.

Q. Did you examine him?

Allen. Yes. When I was questioning him particularly, there was one man came up and said to him, Prithee be quiet, do you know who you are talking to? The prisoner's answer was, Aye, I know him very well; I saw him in a very friendly manner with Sir William Beauchamp Proctor just now. I desired him to go with me further down. As I came through the yard, I desired Mr. Popham (I winked at him) to come along with me. When we came under the arch-way into the street, there was a regular siege.

Serjeant Davy. That was after this conversation.

Allen. Yes. We came down through the Castle-yard into the street. Mr. Popham was standing under the arch-way in the Castle-yard. There were stones throwing in, and bottles out. Mr. Popham did not chuse to go farther than the gate-way, and he left me by myself with the prisoner. I brought the prisoner through. It was not a place to examine him in of the fray. I first desired to be let into the house opposite, and the other man with me, but they refused; upon which we went into a gate-way, a little way on the other side the street; there the prisoner looking upon me (I suppose) to be one of Sir William Beauchamp 's friends, remonstrated with me in a very sensible manner. He said, Master, this is not good in law. I brought him up again into the street, and endeavoured to get into another house; they refused letting us in any where. Upon which I desired Quirk to meet me at the Shakespeare that evening, at ten o'clock. Accordingly, at ten o'clock I went to the Shakespeare, but the prisoner was not then come. I went down to the House of Commons, and stayed some time: afterwards I came back again and met the prisoner and his friend there. That was Balfe.

Q. Who was there besides the two prisoners?

Allen. Mr. Hannam and Mr. Jones were there. They were above stairs. Mr. Jones went down at my return. I do not know where he went. I then sent for Quirk up. I examined him very particularly in regard to the orders he had received upon the attack at the riot; his answer to me was this, That he had received orders from Lord Hallifax's man, Mr. Tetam. I asked him how Mr. Tetam came to give him for the attack? His answer was, I think that a waterman, or something of that sort, came into the house where they were when the mob were at Brentford, and told them, there was an end of your Proctor; there is four to one, or five to one of Glyn's men gone to poll for him. Upon which he said, Mr. Tetam, and I think Mr. Broughton. (I will not swear particularly to Mr. Broughton) Mr. Tetam he distinguished to me by Lord Halifax's man. He said, he gave them the wink to go and play about them. That was his expression. To which he said, he did very effectually. He remonstrated to me on what he was to have for the payment for this. (He supposed all the time that I was a friend of Sir William's.) He told me, that he knew Sir William to be a man of honour, and would act very honourably by him, as he had done his business very effectually. I asked him how much he required? He said he had made no particular agreement with the said Mr. Tetam for himself and twenty-five men under him, but left it to Sir William's honour. But that at Northampton, he had two guineas a week and victuals and drink for every one he hired there; and he hoped Sir William would do the same. He said Tetam agreed with him and twenty-five more.

Mr. Jus. Gould. Who was to provide the twenty-five men?

Allen. He said he was. He said, if either of them was discontented, he would pay them out of his own pocket by to-morrow morning, and leave it to Sir William's honour. He said, that if the men were afraid of their money, he would pay them out of his own pocket. I asked him who hired him for Northampton? He told me the same Tetam. I asked him, how they came to be so barbarous, to beat the people upon the ground? He made answer, and said, That he had one very bloody-minded fellow in his party that always would do so, and he could never break him of it at Northampton. I asked him particularly who this fellow was? I do not charge my memory he told me the person. I asked him who the man was that impeached Sir William at the Hustings? He was, one Rhey, a d - d scoundrel think he and remonstrated to me, that this fellow had fought his way, and spoke to Sir William Beauchamp afterwards that evening. He went down stairs afterwards, and the gentlemen came and took him up.

Q. What psed about?

Allen. I did not see him all after he was taken up.

Q. Did you see either of the prisoners any time afterwards.

Allen. I saw them both at Sir John Fielding 's. When I came in at Sir John's, Quirk still supposed me his friend. As I through the outward room, Quirk was down; he supposed me still to be a friend of Sir William's. He said, Master, not a and in short he would not say a word. This he said to me, signifying, that he would not say a word.

Mr. J. S. Gould. That might bear two constructions; either to desire you would not say a word, or that he would not.

Allen. I took it that he would not say any thing. He would not impeach.

Q. Are you a voter in this county?

Allen. I am not. I went out of curiosity, and to see several of my friends that have votes.

Q. Was you particularly connected with either of the candidates before the election?

Allen. I declare, upon my honour, that I had never seen Mr. Glyn, to know him, till that day I saw him upon the Hustings.

Q. Had you any acquaintance with Sir William Beauchamp Proctor before this time?

Allen. I knew his person, to be sure.

Cross Examination.

By Serjeant Burland.

Counsel. I understood from you, that during the whole of the conversation you had with Quirk, he considered you as a friend of Sir William Beauchamp Proctor's?

Allen. Yes.

Counsel. That was a character you first assumed for your own safety?

Allen. I hope the court will not admit such a question. I shall put myself under the direction of the court.

Counsel. I understood, that you said he took you for a friend, and you did not undeceive him, because he protected you?

Allen. If you will recollect the evidence I have given, which I hope is a clear one, and you will find it a very just one; that I jumped over the Hustings to save the people that they were beating.

Counsel. He took you for a friend of Sir William Beauchamp 's?

Allen. I said, I did not undeceive him.

Counsel. Then you first assumed the character of a friend to Sir William Beauchamp ?

Allen. No, I did not; it was my good luck that he took me for a friend, and I did not undeceive him.

Counsel. Then you suffered yourself to pass as a friend of Sir William's?

Allen. He thought it so.

Counsel. Then you past as a friend of Sir William's for fear?

Allen. Sir, I do not know fear in such a case as that.

Counsel. I do not mean to throw any imputation upon you.

Allen. You asked me if I did not assume; I am not used to such language as that.

Counsel. Since the word assume offends you, I will put it in the terms Mr. Jones made use of. That you personated the friend of Sir William.

Allen. I will not pretend to dispute what Mr. Jones says; I do not pretend to deny any thing that Mr. Jones may have said; I did not tell him to.

Counsel. What word will you be asked the question in?

Mr. Jus. Gould. He has said to you, that you let it be understood by this man, that you was a friend of Sir William's. You did not at first inform him so, but he thought you was such by seeing you stand by him, from thence he understands it so.

Counsel. Then you did pass as a friend of Sir William's?

Allen. By him.

Counsel. You suffered yourself to pass as a friend of Sir William's for your own protection?

Allen. Not for my own protection. I did not undeceive him, he gave me his protection.

Counsel. Then it was for your protection, you did suffer yourself so to pass?

Allen. Yes.

Counsel. Then you continued to pass for the friend of Sir William all the time you had this intercourse with him?

Allen. I did not undeceive him.

Counsel. There the man was deceived by supposing you to be a friend to Sir William.

Allen. He was deceived to be sure.

Counsel. Then your motive for this was to get as much intelligence as you could?

Allen. That was the reason that I did not undeceive him.

Counsel. So then it was you drew him from one place to another to furnish yourself with evidence concerning this riot?

Allen. Yes.

Counsel. I suppose the evidence you was to collect from the prisoner at that time, you intended to be made use of?

Allen. Far the reverse. I did not intend to appear. I did not at Sir John's, nor should I have attended here, but I have a subpoena, and as I am here, the truth must be told. I let him have his own opinion, and did not chuse to undeceive him.

Counsel. This man, I think, you say you owed your life to? You say you did not go voluntarily to Sir John Fielding 's, what carried you there?

Allen. I did not go to appear against him; I did not say a word; I only went in the morning and came out again.

Counsel. What was your business there?

Allen. I went out of curiosity to see whether he was there, and who was taken up besides.

Counsel. You had left him with Mr. Jones, and the other friends, in order to get as much from him as they could at the Shakespeare?

Allen. I went down, and left Mr. Jones and Mr. Hannam there.

Counsel. You had given intelligence to Mr. Jones, that you had left those men, and they were to get what they could from them?

Mr. Jus. Gould. Consider a moment the nature of this gentleman's evidence. This gentleman does not come in the light that Mr. Jones did, giving only a relation of what he heard the prisoner say; but he comes and proves, in the first place, that in fact he saw the prisoner among this mob, and seized him among this mob. What then? it so happened at that time, that the prisoner saved his life, by apprehending him to be a friend of Sir William's. Then, says he, I did not undeceive him, but I was willing to dive as deeply into the business, as I could, to find out the whole meaning. Is not that very laudable?

Counsel. In respect to the riot itself, how long do you suppose it was from the time you saw the mob coming down, to the time the people were dispersed at the Hustings?

Allen. I will not attempt nor pretend to ascertain any time.

Counsel. I did not ask you to a minute?

Allen. Neither will I to an hour or two.

Counsel. You do not mean that this riot, from the first commencement of it to the people, being dispersed at the Hustings, lasted half an hour or two hours?

Allen. I do not mean to ascertain any time.

Counsel. I mean to ask you how long a space of time it must be?

Allen. I will not charge my memory with it.

Counsel. Was it two hours, or an hour?

Allen. You will excuse me; I cannot ascertain the time.

Mr. Jus. Gould. Upon your recollection how long might this rioting endure?

Allen. I was so much in pain at that time, that I cannot pretend to ascertain any time at all. I may be mistaken.

Counsel. Will you say whether you do or do not think it was half an hour? I ask your opinion.

Allen. I believe it was half an hour that the whole riot lasted.

Counsel. From the time the mob was coming down, from the time you first saw them coming from the house, to the time the sheriffs, clerks, and candidates were dispersed?

Allen. Give me leave to repeat to you what I first mentioned. I went off with the prisoner, I did not wait for the finishing, or determination of it.

Counsel. How long might the time be, do you think, from their first coming, till you jumped over the bar, and seized the prisoner?

Allen. I am here upon my oath. I shall speak the truth. I cannot charge my memory with any time, therefore beg you would not require it.

Counsel. I do not want to know positively and precisely the time; was it half an hour, a quarter, or any time?

Allen. I cannot ascertain it.

Counsel. I only want to know your conjecture?

Allen. I have no idea of the time.

Counsel. Then you will not say, you think it was half an hour; do you think it was a quarter of an hour?

Allen. I cannot say.

Counsel. Was it five minutes?

Allen. Yes.

Counsel. Was it ten?

Allen. You may go on to five-hundred.

Counsel. Was it ten minutes?

Allen. I cannot say any thing of it.

Counsel. You say this was a little house, do you know what it is?

Allen. It is not a large inn; it is at the back of the Castle-Inn, that is opposite the Hustings?

Counsel. Then you do not mean to say it was a little house?

Allen. I believe it is an alehouse.

Counsel. Do you know the sign?

Allen. I do not.

Counsel. The number of people you say you could not guess?

Allen. I cannot.

Counsel. You say when you jumped over the rails, you had seen the prisoner Quirk strike some people, but then he left off?

Allen. He did, and went away with me.

Counsel. Did the riot cease upon that, or what time after he went away with you?

Allen. I told you, that when I brought him down to the Castle-yard, there was a regular siege. I could not get him into any house. There were some people good-natured enough to take me into a house, and lock me up for some considerable time.

Counsel. Did the riot continue afterwards?

Allen. Yes.

Counsel. How long did it continue?

Allen. The riot continued, I believe, till there was not a stone to throw in, nor a bottle to throw out.

Counsel. You say, that the prisoner told you, that a waterman (I think) came in to where many of his supposed party were, and said, D - n your Proctor, there is an end to your Proctor?

Allen. This was his story to me.

Counsel. Did you believe, that a single waterman would come in, and say, D - n your Proctor, there is an end to your Proctor?

Allen. You know extremely well, I had no more than his own information.

Counsel. I only want to know, whether you believe that.

Allen. A madman may run his head in the fire.

Counsel. Did the prisoner tell you that he was a madman?

Allen. No.

Counsel. Then I am to conclude, from your answer, that nobody but a madman would have done it?

Allen. I cannot say that. I do not tell you that I did believe the story.

Counsel. You said, none but a madman would do it. Do you believe, that any body in his sober senses would go into a house as that was, and say, D - n your Proctor, there is an end to your Proctor? Could you believe, that any would do it at this time, when he was thinking of a reward, hoping you would reward him for what he had done? To be sure you gave him credit, or you would not have come here to have told it. I want to know whether the whole of this story was true or not?

Allen. I am afraid there was too much truth.

Counsel. Do you believe the whole of the story was true?

Allen. Upon my word, I thought it was an extraordinary story.

Counsel. One extraordinary part was, that any man would have the poll closed, when he was the lowest on the poll?

Allen. I do not suppose they knew that.

Counsel. I should think it a very odd thing for any man to desire to put an end to the poll, when the majority was against him. I think it improbable that Sir William should attempt to put an end to the poll, at the time he was behind. I should be glad to know whether you can be answerable for your servants.

Mr. Jus. Aston. Cannot you suppose that such a fellow as a waterman may come in, without being much of an enemy or a friend? Who knows what fellow that is? This may take up time till to-morrow morning.

Mr. Jus. Gould. He gave an account of what part he had in the transaction; then you ask the gentleman whether he believes what the man had said against himself is true. The question is, whether you believe he invented the story against himself, or told it as a true narrative?

Allen. I suppose, he told it as a true narrative.

Counsel. Do you not suppose, that he told you this story, mistaking you for a friend of Sir William's, to have a reward from you?

Allen. I do not know what his thoughts were.

Counsel. What were your thoughts of it?

Allen. Why should I suppose that he wanted to boast?

Counsel. I only ask your opinion.

Allen. I was to hear what he said, which I have repeated to you. I leave you to draw your conclusions.

Counsel. I only ask you, whether you do not think he was boasting of his performance, in order to augment the reward?

Allen. I will not answer that.

Mr. Jus. Gould. Have you any reason to think that this man had an expectation that you would give him any thing?

Counsel. He asked you what he was to have, and you asked him what he had agreed for.

Allen. Sir, your memory is very short. I said. I asked the man, what he was to be paid. His answer was this -.

Counsel. What do you mean by remonstrance?

Allen. He was throwing reflections on the other heads of parties, that had not acted as he had done; which were several.

Counsel. My question is, whether there was not some talk between you and him, about what he was to have?

Allen. I asked him what he was to be paid. He said, he had made no agreement with Sir William, but he was a man of honour, and he left it to him.

Counsel. All I meant to ask you was, whether the conversation he had with you was not with a view to your reward?

Allen. I did not conceive it so.

Mr. Jus. Gould. This gentleman did use the expression, remonstrate what he was to have for the payment of this. To which the man said, Sir William is a man of honour, and he dare say would act honourably by him, as he had done his business very effectually. Does not that answer the question, that he had no expectation from this gentleman?

Counsel. I never meant to intimate that he had any expectation from him, but had a view of reward in his mind, and so intended to magnify his merit.

Counsel for the Crown. The Serjeant asked you whether the riot did not continue for some time after you went away with the prisoner? You said it did. Where do you mean the riot continued? At what place?

Mr. Jus. Gould. Does he not say that he came down to the Castle, and there the riot continued.

Counsel. Did you make this man any promise, if he would meet you at the Shakespeare?

Allen. Not the least, upon my oath.

Counsel. Before he engaged to meet you, did you make him any sort of promise?

Allen. Not in the least. He asked me whether any men were killed. I should have been very sorry to have mentioned it, but you have brought me to this point. I told him I did see two lay down for dead. He said, he would go that night for France. Said I, You will call upon me first at the Shakespeare.

Mr. Jus. Gould. Was it under the gate-way at the Castle-Inn, or over the way?

Allen. Over the way. There were two men laying on the ground.

Richard Beal sworn.

Examined by Serjeant Leigh.

Counsel. Are you a voter for Middlesex?

R. Beal. No.

Counsel. Did you know George Clarke ?

R. Beal. Very well.

Counsel. Did you go with him to Brentford?

R. Beal. No.

Counsel. Did you see him there?

R. Beal. Yes.

Counsel. Where was he when you saw him?

R. Beal. I and Mr. William Beal were upon the Hustings, and Mr. William Beal , who is my cozen, saw Mr. Clarke, and brought him up to me.

Counsel. Is Mr. William Beal a freeholder?

R. Beal. Yes.

Counsel. What time was this?

R. Beal. About half an hour after one o'clock.

Counsel. What part of the Hustings were you, William Beal , and the deceased at?

R. Beal. At the hither part, the lowest side near the corner.

Counsel. Is that the side where the door was, or the opposite side?

R. Beal. The door went in at one end, I believe.

Counsel. Was it on the left or right?

R. Beal. The left.

Counsel. When you was there first, at half an hour after one, was there any riot, or was the place quiet?

R. Beal. Very quiet at that time.

Counsel. How long did you stay there, before you perceived any riot?

R. Beal. When Mr. Tomlin and Mr. Clarke came up, they asked William Beal and me, if we had any thing to drink; they told me they had not drank since the morning, which was at the Three Pigeons. Then he asked us if we would go down as far as Mr. Horne's: this was about half an hour after one. We went there.

Counsel. Did you return?

R. Beal. We had, I believe, two glasses of wine there, I cannot be sure to a glass, it might be two, or less.

Counsel. Did you return to the Hustings from Mr. Horne's?

R. Beal. When we came to Mr. Horne's, there was Mr. Wilden, Mr. Whitwell, and two other freeholders. Mr. Wilden said to Mr. William Beal , if all was quiet, he would go up and give his vote. Mr. Beal said it was very quiet, and he thought he might go up very safe.

Counsel. Was Mr. Wilden an infirm man?

R. Beal. A very elderly man.

Counsel. What time was this?

R. Beal. About two o'clock, or a little better.

Counsel. Did the deceased Mr. George Clarke go up?

R. Beal. He went with me.

Counsel. Did he go to the Hustings then?

R. Beal. Yes.

Counsel. To what part?

R. Beal. To where we were before.

Counsel. Did you get admission to the Hustings?

R. Beal. Yes; Mr. Whitwell had polled.

Counsel. Now tell the court what you observed of this riot.

R. Beal. Just as Mr. Wilden had done giving his vote, they came round both sides the Hustings, and through the Hustings.

Counsel. Which side the Hustings did they come up to first; that where you were standing, or the other?

R. Beal. That I cannot say; they came on both sides, and through.

Counsel. Did you see the mob commit any acts of violence?

R. Beal. I cannot say that I saw one struck. I saw some down, but did not see any blows given. We were then going away from the Hustings; Mr. Clarke was on one side, Mr. Wilden and I on the other. We were got three or four yards from the Hustings, going down to the Three Pigeons. I did not see the blow given; but going down the Three Pigeons Yard, Mr. Clarke overtook us, after he had received the blow. I had not missed him. At first I saw him almost down upon his hands near the ground a little below the Hustings.

Counsel. Did he appear falling or stooping?

R. Beal. I was frighted very much. There was a riot at that time. Mr. Clarke recovered himself as well as he could, and came down to us. We were then at the gate-way, going down to the Three Pigeons.

Counsel. What distance was you from him, when you saw him near the ground?

R. Beal. I might be a hundred yards distance. (I will not be positive.) When he came up to us, we were not quite at the Three Pigeons, I happened to see the blood. It ran down the right side of his head, upon his coat. He wore his own hair. It was tied behind. The blood came from the upper part of his head, rather on the right side. He said he did not know that his head was broke, till he saw the blood running down from under his hat down his arm.

Counsel. Did you make any application in order to relieve him?

R. Beal. I asked him if he knew who struck him. He said, it was some great fellow, but who, he did not know. We went away to parson Horne's house again.

Counsel. When you came to Mr. Horne's house, did you examine this man's head?

R. Beal. The people said the mob were coming to parson Horne's house, to pull the house down. We made through the house into the church-yard, where Mr. William Beal lent him a handkerchief, and wiped off the blood with it in the church-yard.

Counsel. From thence, where did you go?

R. Beal. We went through the church-yard, and over a wall, and up into Brentford. He pulled his own stock off, which was vastly bloody, and put Mr. Beal's handkerchief over his neck. We got over the wall into Brentford town, and from thence to Isleworth. We went into some public-house there, and had something to drink, and got a glass of rum there, and cut some of his hair off, and Mr. William Beal bathed the wound with a little rum. He seemed to be in tolerable good spirits. From thence we went to the river, and over to Richmond, (we were all on foot) and from Richmond to Kew, and over Kew bridge; thence to Turnham-Green. Then Mr. Clarke complained that he was saint, and that his head pained him a good deal. He said he should be glad to have something to drink. We went into a house, and had a quartern of brandy. Then we came on for London, and came to Mr. William Beal's lodgings, in Great Marybone-street. There some of his people, and the landlord, bathed Mr. Clarke's head with a little tincture of myrrh. We had a supper dressed there. Mr. Clarke are very little. Then we went to Marybone, to the Queen's Head there. We had a pot of beer. Mr. Clarke drank once, and Mr. William Beal once. Mr. William Beal fell asleep, being tired, walking in boots. Mr. Clarke, in about half an hour, went away, without saying any thing. I did not see any more of him till he was dead; then I saw him at his aunt's, in Wellbank-Street, the day after he was dead. He died there.

Counsel. When did he die?

Beal. He died the 14th of December, at the house of Mr. Talbot, the White Hart in Wellbank-Street.

Counsel. Was he in liquor, or sober, at the time he received the wound?

Beal. He was sober: he was a very sober man.

Counsel. What age was he?

Beal. He was twenty-two years of age.

Counsel. How was he as to health at that time?

Beal. He was a very healthy man. I knew him three years. I never knew him ailing.

Counsel. What time of the day was it that he received the hurt?

Beal. It might be between two and three o'clock when he went out.

Mr. William Beal sworn.

Examined by Mr. Impey.

W. Beal. I am a freeholder in the county of Middlesex. I believe I set out from Westminster between eight and nine in the morning: I believe I got to Brentford by ten. Mr. Clarke, the deceased, came to the Hustings to me about half an hour after one; from thence we went to Mr. Horne's, and had a glass of wine or two each.

Counsel. Was that all you drank?

W. Beal. I believe we had no more. Mr. Wilden, Richard Beal , and Mr. Martin, were there. They asked me, if I had given my vote? I said I had. They asked me if every thing was safe? I said there was no riot then. Some of them asked me, if I would go along with them? I said I would. George Clarke , and Richard Beal , went with me. We went together to the Hustings, while Mr. Wilden, and two or three others, I will not be sure whether two or three, were giving their votes. I believe they might have done, but cannot be sure. A mob came from the opposite part, and began at the corner next to the Three Pigeons Yard, and then came round, clearing the people away before them. Mr. Clarke seemed to be afraid: I said, Do not be afraid, for I hope there will be no hurt. I turned myself round, and saw them draw their bludgeons from under their great coats. I had a stick in my hand; I put it over my head, and put my left-hand upon my head: they beat my stick down, and struck me over the left hand, which swelled my hand. I received another blow on the side of my head; then I ran into the yard belonging to the Three Pigeons. I had not been there above a minute or two, before Mr. George Clarke came to me all in a gore blood. It issued from the right side, or rather backwarder, of his head, near the top, and ran down his clothes. From thence we went to the reverend Mr. Horne's.

Counsel. Who went with you?

W. Beal. Richard Beal , Mr. George Clarke , Mr. Wilden, and Mr. Whitwell, a gardener. The people at the door said, The mob were coming to pull the house down. We went out at the back-door, into the church-yard, and from thence we turned to the right-hand, and got over a wall, and then we went to Isleworth. We stopped at a publick-house, and Richard Beal took some of the hair from the wound that Mr. Clarke had received, and I bathed it with some rum. After that I bathed my own left-hand with some rum: then we set out to go home. We first went over the water to Richmond, then over Kew-bridge, then to Turnham-Green. Mr. Clarke said he seemed to be saint, then we had some brandy.

Counsel. How much brandy?

W. Beal. A quartern. Then we went to my lodgings in Great Marybone Street, and had some pork. Mr. Clarke ate but very little.

Counsel. Did he drink any thing?

W. Beal. He drank a little quantity of rum; I believe. We went from thence to the Queen's Head at Marybone, and called for a pot of beer. There I went to sleep, and did not know when Mr. Clarke went away.

Counsel. Did you see him after this?

W. Beal. I did; I saw him on the Friday. The election was on the 8th, and I saw him the next day. I asked him how he did? he said he was very indifferent.

Counsel. Did you see him after that Friday?

W. Beal. I saw him on the Saturday; he had been let blood on the Saturday. I asked him how he was? he said he was no better. I saw him again on the Sunday; I asked him how he did then? he said he wished he had never been at Brentford. I said, Why? he said, The blow he received there, he believed would be his death.

Counsel. Did you ask him if he knew the person that gave him the blow?

W. Beal. I did. He said it was a ruffin or great fellow that gave him the blow, but he did not know the man.

Counsel. Did you see him after the Sunday?

W. Beal. I saw him on the Monday evening. He was then very bad in bed. I thought he was not fit to be talked to. When I was coming away, he put his hand out of bed, and said, Mr. Beal, will you shake hands with me? I said I would. I did, and parted, and never saw him after.

Counsel. Was he sober at the time he received the blow?

W. Beal. He was as sober as I am this minute: he was as sober and honest a young man, as ever I saw; he was a young man that I never heard a bad word come out of his mouth to my knowledge.

Counsel. How was he for health before this?

W. Beal. He was in as good health when at Brentford, as I am at this time.

Mr. John Foot sworn.

Examined by Mr. Adam.

Mr. Foot. I am a surgeon.

Counsel. Do you remember being called in, upon any occasion, to see the body of George Clarke ?

Foot. I was called in on Thursday the 15th of December, at a public-house in Wellbank-Street by the coroner, to examine a wound on the head of the body of George Clarke .

Counsel. Did you examine the wound?

Foot. I did. The hair on his head was full of sand. I found upon the crown of the head was a confused wound; I raised the scalp round the wound, and examined it with my probe; and found the scalp about four inches round the pericranium, the immediate covering of the scull, was much inflamed. After removing the pericranium, I examined the scull itself; I found no fissure, nor fracture. I then raised the scalp opposite to the wound the contrary-side, in order to discover, if I could, what we call a contra-fracture or fissure. I found neither. I then raised the scalp round the whole of the head, and found none at all. I then opened the head the usual way. I found under the dura mater, which is the first covering that lies under the scull, a quantity of extravasated blood, and the dura mater itself was much inflamed. I then examined the first covering of the brain. The interior covering I found to be in a great state of inflammation, and the vessels quite swelled with blood; and that one part of it was ruptured, but the rest of the brain was in a healthy state.

Counsel. Do you, from any or all of the appearances, apprehend what occasioned his death?

Foot. To the best of my opinion, the wound he received on his head, was the cause of his death.

Mr. Samuel Clay sworn.

Examined by Mr. Serjeant Leigh.

Mr. Clay. I am high constable. I was at the election at Brentford. On the 8th of December last, a little after two o'clock, I was at the corner of the Hustings that leads towards the Seven stars. I was stationed at the right hand corner of the Hustings, as you stand with your face to the door going in. There were four corners and four divisions. I had looked at my watch a little after two. I heard some people make use of some expressions, saying, Here they come.

Counsel. Was you on the outside, or inside?

Clay. I was on the outside, standing with some of my officers. I heard a great noise of pattering with peoples feet; I turned round, and saw people running towards me. There were as near as I can guess about twenty or two and three and twenty men, with bludgeons, comeing after these people, flourishing their bludgeons in their hands, but I did not see them strike any body then. They came two or three abreast. I said to the officers by me, Be quite, and do not take the least notice of them, nor molest or disturb them. They did as I had desired, they did not molest them, nor I neither. They most of them had past me. I turned, and looked upon the left, and saw one of them strike one of the headboroughs of Paddington, named Fletcher: the blow cut him on the cheek: I saw the blood run down. He came to me, and told me he thought it was very hard usage to come there to be beat in that manner. I desired my officers would assist me; we went up to the rioters, who had advanced to the side of the hill. Three of my officers immediately went up to them, we laid hold of two or three of them, and took their bludgeona from them, and begged of them to be quiet; another party of them, instead of doing what we desired, broke the constables staves.

Counsel. How many did they break?

Clay. I believe there were two; I heard them crack; they were close by me, but I had hold of the man at the time. The rioters began to play about and knock every body down, and by that means the people that we had hold of were rescued from us. They then retreated towards the end of a little lane, nearer the Seven Stars. I was then in hopes they were going, then every thing would be quiet. They almost immediately returned with great violence, knocking every body down before them; in doing that, the chief part of them went past me. They came back on the same side they came on at first. What were gone the other way, I know not. They went on towards the Hustings. I made no observation just then; I turned about and saw the tall prisoner, M'Quirk, beating some man, which I took to be a gentleman's servant, at some little distance from me.

Counsel. Whereabouts was you then?

Clay. I was then got to the house, that goes by the corner to the Seven Dials.

Counsel. How near was the Hustings to the end of the Lane?

Clay. It might be forty or fifty yards, as near as I can recollect. Seeing him beat the man, I took my staff in my right hand, and advanced towards him to meet him, thinking he would not strike me, as he had done the other; but he putting both his hands to his bludgeon, he came with his bludgeon on my left arm just upon the elbow-bone; I thought he had struck my arm from my body; he came a second blow at me, which I thought he meant at my head, but I screened my head with my staff; he then went away, and left me, and went towards the Hustings, and I saw no more of him. I was very much hurt; I had been beat down twice before; that was when they rescued the man from us. I do not charge the prisoners with any thing.

*** In a few Days will be published the Conclusion of this Trial, together with the remaining Trials.

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 Thursday the 12th, Friday the 13th, Saturday the 14th, Monday the 16th, and Tuesday the 17th of JANUARY, 1769.

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

NUMBER II. PART III. and IV.

Containing the Conclusion of the TRIAL of LAURENCE BALFE and EDWARD M'QUIRK, For the Murder of Mr. GEORGE CLARKE , at BRENTFORD ELECTION; Together with the remaining TRIALS.

LONDON:

Sold by S. Bladon, at No. 28, in Pater-noster-Row. [Price One Shilling.]

THE PROCEEDINGS ON THE

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

Cross Examination.

By Mr. Lucas.

Q. WHAT distance is it from the end of the lane to the Hustings?

Mr. Clay. I told you before, about 40 or 50 yards.

Q. How far from the end of the lane was it where the prisoner was beating the man?

Clay. It was not far from it.

Q. Did you see whether they were the same people, or whether they were other?

Clay. There were them and more; there were more than I had seen before.

Q. Are you certain M'Quirk is the man?

Clay. I am. I will give you my reason for it. There was no man between us to take the sight from me. There was none but that gentleman's servant. If it is possible to know a man's face again, I am certain. I was about eight or nine yards from the gentleman's servant, when he was beating him.

Q. How was M'Quirk dressed?

Clay. I cannot tell. I cannot say to his dress. I cannot tell the colour of his coat, it struck me with such a terror at the time. My attention was upon his bludgeon and face.

Q. Had you ever seen him before?

Clay. No. I never had to my knowledge.

Q. Do you believe it is the man now?

Clay. I have no doubt now at all whether this is the man.

Q. What distance from the Hustings to where you received the blow?

Clay. It may be thirty, forty, or fifty yards, more or less.

Q. How were these rioters dressed?

Clay . They appeared like country men. Some had shortish coats; some drab-coloured; some light-coloured; some lopped hats. There were numbers of people had in their hats, Proctor and Liberty. Some had none.

Q. Had they all bludgeons?

Clay. They had sticks or bludgeons. Some not so large as others.

Q. Had they Proctor and Liberty in their hats, or Glyn, that did this mischief?

Clay. Immediately at that time I could not observe that. My attention was to my officers.

Mr. Serjeant Leigh. Here, my Lord, we have done.

Balfe's Defence.

I went down to Brentford with no bad intent, neither did I hurt any one.

M'Quirk's Defence. I am quite innocent of what is laid to my charge. I was at Brentford. I took up a stick, and was the instigation of saving Mr. Allen's life; and he has requited me for so doing. I leave it to my counsellors to call my witnesses.

For the Prisoners.

Richard Heighway , Esq; sworn.

Serjeant Davy. I call this evidence to the general account of the matter.

Q. Are you a freeholder in the county of Middlesex?

Mr. Heighway. I am. I went to the election at Brentford.

Q. Was you upon the Hustings?

Heighway. I believe I was upon the Hustings between eight and nine in the morning; and stayed upon the Hustings till the greatest part of the riot was over; till the Hustings were cleared.

Q. In the first place, did you make particular observations what was doing at the Hustings? I do not mean exactly the number, but at periods of time, when there was the greatest swell.

Heighway. I think it was between eleven and twelve o'clock. I inspected one of the books. It was generally understood there was a majority for Mr. Serjeant Glyn.

Q. How did it stand near the time the riot began?

Heighway. From the observations I made, there was not a greater majority before the riot began, than there was when the riot happened. It was understood so by many gentlemen that spoke to me on the Hustings. I think a little before two, I was called to by Mr. Plumber, of Hertfordshire, desiring Mr. Sheriff Shakespeare would let him come upon the Hustings. He let in Mr. Plumber and Mr. Barrington. Then I got back to my former station again. In the morning, soon after they began to poll, I very well remember, Sir William Beauchamp Proctor and Mr. Serjeant Glyn appeared on the Hustings, and Mr. Serjeant Glyn spoke to several people about the Hustings. The Serjeant's people began to hiss and revile Sir William very much.

Q. What time was this?

Heighway. This was between twelve and one o'clock. Mr. Serjeant Glyn conversed with several of them. Some of Sir William's people complained to me, they could not get up to poll.

Q. What hindered these people from coming to poll? What was the cause?

Heighway. I saw no obstruction, but by the other voters that were nearer the Hustings. I observed several of Mr. Serjeant Glyn's voters, that would not leave the Hustings after they had polled. That was one cause that people could not get up to poll.

Q. Whether you observed a great number of people coming?

Heighway. Some time about one, or between twelve and one, a little after this time, I observed a number of people coming from towards Acton and Ealing. I believe one hundred and sixty, or one hundred and seventy of them. I counted upwards of one hundred and fifty. They rode round the Hustings. Then, I believe, they dismounted, and came up, and polled. I saw some come up and poll at the book that I inspected. This was before I left my station to go for Mr. Plumber. A great number of them appeared to be Sir William's voters endeavouring to come to poll.

Q. Was it observed that the number for Sir William was very much increased?

Heighway. It increased very much.

Q. Was it understood by the gentlemen that they were considerably increased?

Heighway. It was generally understood that Sir William would have the majority, had the poll gone on; that was between one and two o'clock; the poll went on then quiet. If there had been no disturbance, I was of opinion that Sir William would have the majority. This was the opinion of several that conversed with me. I dare say Sir William's friends wished things had gone on quietly. It was what I wished.

Q. Did that continue to be the opinion till the riot began?

Heighway. It was the general opinion of my friends about the Hustings. At a little distance from the north end, we saw two men in a scuffle; one struck the other; this was at the end opposite the door: there was a rail where people could rest their feet and hands upon.

Q. What time was this?

Heighway. This was a little after two o'clock. This is what I call the beginning of the riot. Some of the constables endeavoured to part them: one of the constables was knocked down, and his staff broke. When the staff was broke, there were other constables came to their assistance. There was a hat thrown up into the air very soon after.

Q. What part of the place was the hat thrown up from?

Heighway. It was opposite the north end of the Hustings.

Q. Do you know who threw it up?

Heighway. No, I do not.

Q. Had it a lace upon it?

Heighway. I could not see whether it had or not. Soon after that a great number of people rushed into the street, and beat the people down, and drove every body away before them.

Q. Was there any circumstance that happened at that time, by which you are able to form any opinion what party that was?

Heighway. I did not know any of the party. I could not distinguish the faces of any of them, but one man who began the scuffle. I think I should know his face was I to see him.

Q. Do you know what side he took?

Heighway. I cannot be able to say that.

Q. Did the mob that did this, make any shout? Or what did they say?

Heighway. They made no shout when they began, but when they had drove away all the people, they cried Glyn for ever.

Q. Was that the same mob?

Heighway. I cannot take upon me to say it was the same mob. It was the continuation of the same riot. They went round the outside of the Hustings, and round the north end again, and then they shouted. I think it impossible to distinguish any of the men, unless they went there on purpose. They had large sticks or bludgeons. I do not know how to distinguish a stick from a bludgeon.

Q. Had they any labels in their hats?

Heighway. I think they had many.

Q. What were they?

Heighway. They were Proctor and Liberty: and in marching round, they cried Glyn for ever.

Q. Could you distinguish the cards?

Heighway. I could. There was a considerable difference in them; Glyn's were Glyn upon blue paper; and the white ones were Proctor and Liberty. From the colour of the cards, I concluded it was Proctor and Liberty.

Q. Then in consequence of this there was a general stop to all business?

Heighway. Yes; from the beginning of the riot, there was an end of business for that day.

Q. Did you stay upon the Hustings later than others?

Heighway. I staid upon the Hustings, and walked towards the middle, and saw some gentlemen abusing Sir William very much; very grossly.

Q. Did you apprehend it to be Sir William's mob at that time?

Heighway. I had so little notion of a mob, that I could not tell. I thought it very absurd for Sir William to do it at such a time.

Q. How long did you stay upon the Hustings?

Heighway. I stayed till after Sir William had quitted the Hustings.

Q. How was he treated by the mob?

Heighway. As he went to a gentleman's house, a little to the right of the Hustings, he was pelted very much.

Q. Was this by the first mob that made the riot, or a contrary mob?

Heighway. I understood it was the same mob; but I cannot say that.

Q. Why did you so understand it?

Heighway. Because they kept on without intermission. I observed the mob seemed to fight one another. Sometimes I saw some gentlemen speaking to Mr. Sheriff Shakespeare, upon the Hustings.

Q. When did they begin to fight one another?

Heighway. They were fighting one another at the beginning of the riot, and in the middle of the riot.

Q. Did you see any compact body that made any regular attack?

Heighway. No, I did not. I saw a scuffle among individuals. I believe it was the first rioters that continued their course without intermission, and went round the Hustings.

Q. Did you see Mr. Sheriff Shakespeare assaulted?

Heighway. No, I did not. I heard he had a narrow escape, I did not go out of the Hustings till the riot was over.

Q. How long did the riot last, from the first attack of the two men in the scuffle?

Heighway. They got away from the Hustings as fast as they could. It was over, and the outside of the Hustings was cleared in a few minutes.

Q. How many minutes do you think?

Heighway. A minute or two, or a little more. It was a very short space of time. It began in a moment after the hat was thrown up. It was all in a confusion within the Hustings. Many of the other gentlemen leaped over on the other side. They were all confused first on the outside, and then all within.

Cross Examination.

Counsel. You say a hat was thrown up in the air; then there was a confusion?

Heighway. There was a confusion before the hat was thrown up; I saw a number of people direct their course up to the Hustings; they knocked down indiscriminately all those that stood in their way.

Q. You say they had sticks, or bludgeons; what length might they be?

Heighway. They were about three feet long, though some were longer.

Q. You say you did not see any compact body?

Heighway. I did not.

Q. Did they not keep together to defend themselves, and offend others?

Heighway. After the hat was thrown up, they rushed on, and proceeded knocking down all.

Q. Did there seem to be a considerable force?

Heighway. There did.

Q. What was your employ on the Hustings?

Heighway. I was an inspector.

Q. Did you observe some of the men fighting, that had white cockades on their hats, that had Proctor and Liberty on them?

Heighway. Some had.

Counsel. It is very extraordinary for them to call out Glyn for ever: that was certainly against their own interest.

Heighway. I cannot pretend to say. There were many that cried Glyn for ever, had white labels in their hats.

Q. So then you believe these men imposed upon the people? I want to understand it. Your evidence carries that idea.

Heighway. My ideas are nothing to the court; the people that cried Glyn for ever, many of that body had white cards on their hats. I do not say they all had; there were some had blue ribbons.

Q. Can you speak with any degree of certainty; did any of these men who made this attack, did any one of them cry Glyn and Liberty, or Glyn for ever, or Glyn at all?

Heighway. I kept my distance. It appeared to me they came round in a direct course, and if they did, as I suppose they did, some of these very men cried out Glyn for ever.

Q. Whether any of them so armed did cry out Glyn?

Heighway. I think they were all armed.

Q. Pray what number of men were there?

Heighway. There appeared to be a great number. I believe when they came on the inside the Hustings there were upwards of fifty.

Q. How many do you think there were of them at least?

Heighway. There were a great many of them.

Q. How came they to separate?

Heighway. I did not see them separate at all.

Q. How long do you think the riot lasted?

Heighway. I believe it did not last above two minutes. It did not appear to me to be above.

Q. If I understand you right, you have described these men coming round the Hustings several times, what do you mean by round and round?

Heighway. I mean twice.

Q. What time did Sir William Beauchamp leave the Hustings?

Heighway. I believe he left it the second time. There were numbers of voters in the street. Sir William was abused very soon after the riot began.

Counsel. Then the general cry of the place was Glyn?

Heighway. I remember when Glyn was declared, the cry was very much so.

Q. How was it when Sir William was declared?

Heighway. Then it was not so much.

Q. How did you escape?

Heighway. I went over the Hustings, and walked away to a gentleman's house. The mob had just broke the windows where Sir William Beauchamp was. The mob followed him as I came away, quite to the gentleman's house.

Serjeant Davy. Then the general cry was at first for Serjeant Glyn, and for Sir William but little?

Heighway. The cry was most for Serjeant Glyn.

Serjeant Davy. The people who began the riot had every one a bludgeon?

Heighway. These that I saw, that appeared active in the riot, had each of them sticks or bludgeons.

Serjeant Glyn. How many of them had labels with Proctor and Liberty?

Heighway. There were many of them had, but whether the greater number of them had, I cannot say. I should imagine not half of them had.

Serjeant Davy. Was this a body of men acting together, or opposing one another?

Heighway. The body appeared to me to be a body in favour of Serjeant Glyn. The inferior number I took to have white labels.

Serjeant Davy. Was the shout for Serjeant Glyn during the riot, from the greater or the lesser number?

Heighway. I should imagine they very nearly all shouted together; all this body that paraded round, as well these as the others.

Court. From your evidence, I understand you mean, that one mob drove all the people before them?

Heighway. I apprehend, when one party got the advantage, they drove all before them, and then they marched round the Hustings; they seemed to be a confused body together.

Q. Did these people, that they made the attack upon, make any attack upon them?

Heighway. Many of them that were before quiet round about the Hustings; some of them were knocked down.

John Stevens sworn.

John Stevens . I was at Brentford the first day of election.

Q. Are you a freeholder?

Stevens. I am. I saw some small disturbance after I had polled. There was a body of us that went together in a coach; we made an appointment not to go into any tavern, but the person that first polled should wait till all could get together, in order to leave the town immediately. I polled I believe between twelve and one; I was the first. The other three gentlemen were close at my back. When I had polled, I went and stood near our own coach, waiting for the rest. I removed a little from the Hustings, and stood off towards the back door of the Castle-Inn. I waited till near two o'clock, before we went away; not a great way from the back door of the inn, I perceived people walking backwards and forwards; some with little oak sticks not a yard long, and some others with white sticks, somewhat like a mop-stick. I saw two of these, they were different from others, which caused me to take notice of them. One of these men were surrounded (he stood but a little way from me) by four or five men, who had those little bludgeons in their hands, but whose party I know nothing of. They insisted upon his delivering up his stick to them; he expostulated very mildly to them, to this effect: Why should you want to take this stick from me? I have not offended any body, nor do I design to offend any. They insisted on his delivering up the stick. At last, I interfered, and said, Friend, you had better deliver up the stick, it may prevent farther trouble. Upon which the fellow delivered it up, and went off very quietly. On the other side, I suppose not four yards from the same place, was another man, with another stick; he was close to my right hand; they wanted his stick. I said, You had better deliver it up. The fellow ran away. That is all I saw at that time. I was a little afraid some quarrelsome work would ensue, therefore stept up towards our coach to my company. As I was moving towards the coach, I heard a great shout at my back; I turned round, and at that instant I saw a considerable body of men coming from the back door of the Castle-Inn: whether they came out of the Inn-Yard, I do not know. They came in a body either from the outside of the gate, or the inside; they must come from the gate; there were a great many people walking backwards and forwards. In a minute or two, I saw them white staves, or two others, held up in triumph, as if taken away. Hearing this shout, I turned round; I saw many people running for shelter. My company were that moment come to the coach, we jumped into it. I put my head out, and saw how they directed themselves; they went towards the Hustings. I saw the sticks flying in the air; we begged our coachman to haste away, he drove away; we desired not to be witnesses to any cruelty that might ensue.

Q. Did you hear them say any thing?

Heighway. I heard nothing said by them. I can give no evidence, whose people they were; they must come from near the gate of the Castle-Inn, or from the inn. I had no conception, that they came from any place beyond it; I know nothing whether there is any passage beyond; I do not know how the town is situated. At that time I really thought it was one of Sir William's houses, but now I know it was not. Immediately as ou r coach set out, we were followed by a good many people, who said, that mob was knocking down all before them. And that was the beginning of the riot.

James Clithro sworn.

James Clithro . I was at Brentford election. I went out before eight o'clock; we got there before the polling began.

Q. Can you recollect at the time the riot began, whether there were a great number of freeholders arrived in town for Sir William Beauchamp Proctor?

Clithro. I saw some, but that was, I believe, between twelve and one; they were going down to poll. They were about half a mile from the poll.

Q. Can you form any judgment what number that party might consist of?

Clithro. No. I believe, there was above an hundred. These I met above half a mile from Brentford.

Q. An hundred freeholders must be a considerable time in polling.

Clithro. I was in the booth, I kept near the center of the booth; I said to a gentleman, It was the best way for us to stay there. I saw a party going round the booth pretty rapidly; as soon as they past the north corner, I jumped over the rails, and ran away as fast as I could. I believe half of them had cockades; I could read some of them; they had Proctor and Liberty upon them.

Alexander Eason sworn.

Eason. I was at Brentford election. On the 8th of December, I arrived there between twelve and one; we got out of the coach in the road, near the north side of the Hustings; we had all agreed to go into no house, but go and poll as soon as we could, and make the best of our way home before dark, if possible. We intended to keep as close together as we could. Mr. Stevens gave his vote first. I stayed some time, before I could have an opportunity to poll; for when it came to my turn to poll, the book was handed sometimes on one side me, then on the other. Said I, It is my turn next, I desire you will let me go, I am like to drop down. Still it went on one side, then the other, then over my head. Then I insisted upon it, I would be polled. I was, and gave my vote; after which I made the best of my way to the outward rail, with great difficulty. I had a friend, who lives at Kew, proposed to meet me, I went three or four times round the booth to see if I could fine him. I found all the rest of the gentlemen were ready to go; I told them, I would not detain them. Upon the south-east corner of the booth, that faces the Castle-Gate, as I was on the outside the mob, I saw a man with a white staff in his hand, I believe, about four feet long, like a mop-stick.

Q. What time was this?

Eason. Then it might be about two o'clock. The man was on the path that leads to the Castle-Yard. Two or three men came up to him, and said, That was not a weapon that he was to have there; they told him he must part with it. There came two more with white staves, then the others insisted on taking all three from them; they made some words, but nothing of any outrage, or bad words, but did not care to part with them; but they were taken away, a footman took them away; I saw him carrying them towards the Hustings. There was one with a staff making water towards the Castle-Gate; a constable went to him and said, I am ordered to take it from you. Said the man, I mean no harm, I do none, what do you rob me of my stick for? He said, I will have it, it does not signify. I observed Mr. Stevens go to him, and take him by the arm and speak to him, and the man delivered it up. What became of that stick, I cannot tell. We drawed a little way from the Castle-Gate, to go towards our coach. I believe, in less than a minute after (we walked but very slowly going up the hill) I looked back, there I saw a vast number of people collected together, in a great mob of all sorts. It was on the inside the Castle-Gate. The constables seeing this, assembled together on purpose to keep them in, as I understood, not to let them break through. While they were thus going on, I saw the constables staves and bludgeons, and these white sticks, all intermixed, and at last the mob overpowered the constables. Then I said to Mr. Stevens, Let us make the best of our way to the coach; we did, and before we got into the coach, they had almost got to the north end of the polling place. We drove on, and saw no more of it.

Q. Did you observe what ribbons these people had in their hats?

Eason. Those with white-staves had got Proctor and Liberty; there were some without any cockades at all; some with Glyn's cockades. There were bludgeons, and all sorts of sticks there.

Q. What had they in their hats, that took away the staves?

Eason. I did not observe what they had. I did not understand one side more than another. I dare say there were pretty near twenty constables.

John Wilson sworn.

John Wilson . I was at the Brentford election, on the 8th of December last.

Q. Did you see Mr. Jordadine there?

Wilson. Yes, he was at my school.

Counsel. Relate any circumstance you saw of his behaviour.

Wilson. He desired me to look out for the best opportunity for him to poll. I kept a look but, and said, I thought it was now as good time as any. I had not seen it so clear a good while.

Q. What time was this?

Wilson. This was about two o'clock. He went out escorted by half a dozen men or more, that were hired to aid the constables of Brentford, and to assist persons to poll. He was very infirm.

Q. Did these men behave improperly?

Wilson. Not as I saw.

Q. Who did Mr. Jordadine go to poll for?

Wilson. For Sir William Beauchamp Proctor. There was a person came to take their staves away from them.

Q. Who was that person?

Wilson. Mr. Grange. He is a headborough for the hamlet of Hammersmith.

Q. Did he complain of any improper behaviour of these men?

Wilson. No. He wanted to know who gave them authority, and knocked several of them down. They had done nothing more than to escort the people that went to vote for Sir William. They behaved very well and peaceably. I saw him strike several.

Counsel. I suppose these were people that behaved improperly.

Wilson. No. They did not.

Q. Did they go up to the Hustings?

Wilson. He demanded their staves, and demanded to see their authority; and forced the staves from a great many of them, and gave three chears.

Q. Was there any riot on this?

Wilson. The riot succeeded immediately.

Q. What followed upon this?

Wilson. As soon as they had gained the victory, they went away with three Huzzas. This was the first I saw of the riot.

Q. Who gave three chears?

Wilson. Grange and his attendants.

Counsel. You say they huzzayed upon gaining the victory.

Wilson. That was in taking away the staves from these men that behaved peaceably.

Q. Where is your school situated?

Wilson. Within 30 yards of the Hustings, on the east side.

Samuel Wegg , Esq; sworn.

Mr. Wegg. I was at the election of Brentford. I came in between twelve and one, as near as I can recollect.

Q. How long did you stay?

Wegg. I staid till the riot happened.

Counsel. You was within the Hustings.

Wegg. I was never on the Hustings. I joined at Acton a great number of people that came from the Hertfordshire side of Middlesex. A gentleman told me there were 160 on horses, and many in carriages, ready to poll for Sir William. We went to the north-east corner, where I found no probability to get up; I went round from that corner to the north-east; and just as I turned round, I saw several people: (there were four or five people voting:) they said they would vote with me if I would give them leave. I voted in about a quarter of an hour: after that I returned back again, and saw the high constable, Mr. Clay, and talked with him a little while. After I left him; I heard somebody call out, They are coming! they are coming! Upon which I turned round, and saw four or five and twenty men, with sticks in their hands, and white waistcoats. They seemed like carpenters. I went and stood by the east-corner. I saw these men advance to the north-side of the booth. I did not see them strike any body then. Much about the center of the booth they were called upon to take them into custody. I heard that repeated several times, and presently saw them surrounded by constables. I saw nothing but constables surround them. Immediately after that, I saw a hat thrown up from the crowd. As it was surrounded by the constables, who it came from I cannot tell. Very soon after that, I saw one constable lie flat on his back, and a broken staff by him and a man; whether the man that struck him I know not. Also a man very near him with a stick in his hand; but whether he struck him or no, I cannot say. Immediately after that, I saw Mr. Clay, the high-constable, go to the assistance of the man that was down; and I saw that man that stood by strike the constable twice; who he was I do not know. I then walked away.

Q. What did he strike him with?

Wegg. A stick.

Court. Was this one of the men in a white waistcoat?

Wegg. I think he had a white waistcoat on. I will not be certain.

Q. Did you look back (when you heard the voice they are coming) to see where they came from?

Wegg. I saw them coming from towards the Castle-yard.

Q. Before this fray happened, did you hear any thing, or know any thing, from the general opinion of those that you conversed with, what the state of the poll was, and how it would have been?

Wegg. I cannot be certain; but few of them that came with me could have polled.

Court. Is this yard a spacious yard, or how?

Wilson. It is a spacious yard; one part is very wide.

Court to Wilson. How were these people dressed that you say took away the staves by your school?

Wilson. Grange was in black. I did not take notice of those that were with him.

Court. How far is your house from the Castle-inn?

Wilson. My school-house is at the top of the Castle-yard. It may be 60 or 70 yards from the back gate.

Court. How many people came out of the Castle-inn?

Wilson. Five or six, or ten perhaps.

Q. Had they any weapons?

Wilson. I did not observe they had.

Q. Where did they go?

Wilson. Towards the Hustings.

Q. to Wegg. Whether the Castle-yard is not a public thoroughfair?

Wegg. I have rode through the Castle-yard. It is a long yard, and has a narrow passage for a little way, and then the yard opens, and is pretty wide.

Patrick Clark sworn.

Patrick Clark . I was at Brentford election.

Q. What was your intent in going there Have you a vote?

Clark. I have no vote. I was hired by Mr. Broughton.

Q. What is Mr. Broughton?

Clark. He is one of the yeomen of the guards.

Q. What was the express orders that you was to do?

Wilson. We were to make way for the constables, for the gentlemen to come in, to keep peace and quietness, to make way for the gentlemen to come in, if called upon by the constables.

Q. What was you bid to do?

Clark. To open a way to the Hustings, in case there was any obstruction.

Q. When did you receive these instructions, for the first time?

Clark. As I set out for Brentford.

Q. Where did you meet?

Clark. At King-street, St. James's.

Q. Did you set out with any body else, or go alone?

Clark. I set out with more men.

Q. What time did you go to Brentford?

Clark. About ten or eleven.

Q. Had you or your companions any sticks at all?

Clark. I had none; nor my companions, as I know of.

Q. Had they the same orders as you had?

Clark. Yes.

Q. Had they sticks or no?

Clark. Some of them had. They had no large sticks. Some of them had little rattans.

Q. Had any of you bludgeons, or any offensive weapons?

Clark. No. Our orders were to have no arms.

Q. Was there any disturbance for the first three or four hours?

Clark. No.

Q. Did you go to any house for refreshment?

Clark. I went to the White Horse. I was there a little before the riot happened. I was cut upon the green two hours, and upon the right side of the hustings. I saw a man with a large bundle of broom-sticks.

Q. Where did these sticks come from?

Clark. That I cannot say; to the best of my opinion from the Castle, or up that way.

Q. What leads you to say so?

Clark. They came upon the outside the Hustings, and threw them among the mob.

Q. Was that a mob standing near the Castle?

Clark. No; it was on the right side of the Hustings.

Q. Who was there to receive these sticks?

Clark. There were a number of people there.

Q. I do not ask the particular names; where the people belonging to your company?

Clark. No.

Q. Where those you went with any of the people?

Clark. No.

Q. Had you any label in your hat?

Clark. Yes.

Q. What label was yours?

Clark. Proctor and Liberty.

Q. Had all your company those labels?

Clark. No.

Q. Had those such labels where the sticks were thrown?

Clark. They were country people, or such sort of people.

Q. How long was this before the riot?

Clark. This was about one o'clock.

Q. Where was you from that time?

Clark. I went to the White Horse.

Q. Did you dine there?

Clark. No. I had some bread and cheese.

Counsel. That is a good dinner.

Clark. Better than I have had to day.

Q. Do you know any thing farther of the matter?

Clark. I know no more than that of their coming out of the Castle.

Cross Examination.

Q. Pray what are you?

Clark. I am sometimes a labouring man, and sometimes a chairman.

Q. What acquaintance have you with Mr. Broughton?

Clark. He is no acquaintance of mine.

Q. How came Mr. Broughton to hire a man he knew nothing at all of?

Clark. To keep the peace at Brentford; that was what he told me.

Q. When did you meet Mr. Broughton about this?

Clark. A day or two before the election.

Q. Where?

Clark. In King-street, at the Swan.

Q. How many men were to be in your party?

Clark. Ten and I.

Q. Was Mr. Broughton to go with you to Brentford?

Clark. No.

Q. What were the other ten?

Clark. Some one thing and some another.

Q. Did not you know some of the men that were to assist you?

Clark. Some of them were servants.

Q. What, livery servants?

Clark. No; servants out of place.

Q. Were not some of them chairmen?

Clark. Yes.

Q. What was Broughton to give you?

Clark. A guinea. I was to stay during the election.

Q. Had you all cockades of Proctor and Liberty?

Clark. I had one.

Q. Had the other men that were with you?

Clark. Yes.

Q. When you went to Brentford, how early was you there?

Clark. At eight o'clock.

Q. Was your directions to set out so early?

Clark. Yes.

Q. Had you this direction from Broughton?

Clark. Yes. We were to go all together.

Q. Who was to have the conducting of this body?

Clark. I do not know that any body had, only to go there.

Q. Was you directed to go to this White Horse?

Clark. Yes, or any of the houses of Sir William that were open.

Q. Who directed you to that?

Clark. Mr. Broughton said there were houses open to receive us.

Q. You went to the White Horse; how came you out upon this common? You was not keeping the peace to assist those voters. What did you do there?

Clark. I was doing neither good nor harm.

Q. You tell us, your employ was to assist the voters. What did you do there?

Clark. That is round the Hustings.

Counsel. So about one o'clock you saw men coming with bundles, and threw sticks down for any body to pick up that pleased.

Clark. Yes.

Q. Did they go away then?

Clark. I cannot tell. I was called out to dinner, and staid there till past two o'clock.

Q. Then you saw nothing of this riot?

Clark. I saw one or two struck, but if I was to die, I did not see any body knock'd down.

Q. A man came and call'd half of you that were to go to dinner, and the other to stand together. Did you understand him?

Clark. I understood no further by that, than that we were to go to dinner.

Q. Did you know the man that came to call you?

Clark. No.

Counsel. Then, when you returned, all the riot was over, and the mischief done. And you do not know the man that call'd you.

Clark. He was a man for Sir William.

Q. Where did you go to dine?

Clark. I do not know.

Counsel. Then you had an invitation by an unknown man to an unknown place to dinner.

Q. Have you dined now?

Clark. Yes.

Counsel. And as soon as you saw these sticks thrown down, you went into the White Horse, and staid there till the riot was over.

Clark. Yes.

Q. How did that answer your purpose of going to keep the peace?

Clark. When I was called out, it was all one.

Q. How many such companions were there belonging to Sir William?

Clark. There were sixteen or seventeen.

Q. Were there any other persons that went down for Sir William besides you eleven?

Clark. I do not know.

Q. Then who were these sixteen or seventeen?

Clark. They had on the same favours that I had.

Q. Did they appear like chairmen or servants?

Clark. They did not appear in chairmen's clothes.

Q. Were they like servants in livery?

Clark. No.

Q. Was you in chairmen's clothes?

Clark. No.

Q. Did you know any one man beside yourself that was there?

Clark. I knew one chairman beside myself.

Q. Who was he?

Clark. One of these men, Balfe.

Q. Was he of your party?

Clark. He was not.

Q. Was he in the room with you?

Clark. Yes.

Q. Who were the others?

Clark. One man that went with me.

Q. Who was he?

Clark. One Tippin.

Q. Who where the others?

Clark. I know them by sight, but not by name.

Q. What is Tippin?

Clark. He is a chairman.

Q. Do you know his Christian name?

Clark. It is Robert.

Q. Do you know any others of these people with Proctor in their hats, besides Tippin and Balfe, that kept company with you?

Clark. There were several besides, whose names I do not know.

Q. Did Balfe stay in the room with you while the riot happened?

Clark. I do not know whether he was in the room. I cannot say.

Q. Did you know any of the constables in Brentford?

Clarke. No; I did not.

Q. Did you enquire for any of the constables at Brentford?

Clark. No; I did not.

Counsel. Then you did not tell any of the constables at Brentford, you was come by Mr. Broughton's order to assist them.

Clark. No.

Thomas Stone sworn.

Thomas Stone . I was at the election at Brentford.

Q. Do you remember about the middle of the day, when a great number of people were coming to poll for Sir William Beauchamp , what passed upon the news coming?

Stone. There were, I believe, about twenty carriages, and a great many horsemen; and as they came by the booths, a great many people with Glyn's favours in their hats hissed them: and there was a young fellow, with a brownish coat, and his own hair, cried out, Proctor for ever! Upon which one of these men knocked him down. Then Mr. Pierce went up among the croud, and the people with Glyn in their hats said, Kill him, he is a madman. We got him and hussled him away. Soon after that, I went to the Royal Oak. I there said, There were a vast number of voters on behalf of Sir William, to the amount of two or three hundred, and that I was pretty well assured Sir William would get ahead of Mr. Glyn in the poll speedily. Upon which, seeing one David Harper , of Spitalfields, with two favours in his hat, one on one side, and the other on the other, with Glyn on one, and the other plain, I said, What do you do with one of these favours in your hat on each side? Are you not afraid of yourself in one of Proctor's houses? His answer was, I must go and take care of my possy.

Q. What! Glyn was the plain one?

Stone. They were both of the same colour; one was a paler blue than the other.

Q. Were there not many in Serjeant Glyn's interest that day, that wore plain blue ribbons?

Stone. I believe there might. I then mentioned the number of coaches and carriages that came upon votes. I must go and take care of my possy, and struck me. I had no favour at all in my hat. I went from thence to the Hustings, where I saw several men with Glyn's labels in their hats strike several of Proctor's people.

Q. What time was this?

Stone. This was about two o'clock, as near as I can guess. This was after we had been out a great while, for we could not get up to the Hustings at first. It was difficult to get up. People were hoisted over people's heads to vote.

Q. What hindered them?

Stone. Mostly Glyn's people. I saw them strike Proctor's people about two o'clock. Then the hat was thrown up. I was upon the left side of the Hustings.

Q. Where was the hat thrown up from?

Stone. Just by, where these men were that struck the others. The Hustings stood north and south; and I understand, as my face was fronting the Hustings, it was on my left hand. Upon the hat's being thrown up, a general insurrection followed all round. The people on each side were, some defending themselves, and some assulting. I ran from one part of the Butts to another, till I made my escape. I wanted to send out to know what was become of Harper; they told me that he fled immediately out of that house, and was gone.

Q. Did you meet the people coming from the Hustings soon after?

Stone. I saw the people with their poll books in their hands, running as fast as they could; and I turned back to the house again.

Q. Was there any insults after that?

Stone. When I got in again, news came, that the mob was coming to pull the house down. There were several panes of glass broke.

Q. Were there not a number of people about the door?

Stone. I could not see. I was in the kitchen. I went upon the Butts again, and saw them breaking the window of a gentleman's house.

Q. Whose people were they?

Stone. They were dressed like country men; like brickmakers, or farmers servants.

Q. Whose house was that?

Stone. It was the house that Sir William Beauchamp Proctor went into.

Q. Where is that house?

Stone. It was one side of the Hustings.

Q. How many were there of them?

Stone. There were about 12 or 13 of them, and they d - d Sir William, and said, they would have his blood. I stayed there till the Sheriffs and high-constables came and took one of the mob and delivered him to one of the high-constables.

Q. Do you know who that was?

Stone. No; I do not.

Q. Do you know what became of him?

Stone. The constable let him go, by desire of the Sheriffs. They said it would be dangerous keeping him. They should run the hazard of their lives.

Cross Examination.

Couns. You mention something of Mr. Harper.

Stone. I have known him many years.

Q. What is he? Is he a peace-officer?

Stone. I do not know what he is.

Q. Are there not affidavits about it in the papers?

Stone. I made one myself.

Court. I can only say this, that I am exceedingly sorry to see it. It is the most improper in the world, and of the most dangerous tendency to instance the minds of the subjects. It is improper to hear any thing about affidavits one way or other.

Counsel. There is an affidavit of your's in the paper.

Stone. Not that I know of.

Q. You say there was a hat flung up?

Stone. I have said so.

Q. What part was it flung up from?

Stone. From the left side the Hustings.

Counsel. You say it was thrown up where the scuffle was.

Stone. Yes.

Q. Were the People that were scuffling in-circled by other people?

Stone. The whole Butts were incircled by a thousand people.

Q. Were a circle of people round the hat?

Stone. There were people every where.

Counsel. You say, that they that came to vote for Sir William Beauchamp Proctor, were handed over the people's heads.

Stone. I said several; there were three or four.

Counsel. Then those people that were round the Hustings suffered others to be hoisted over their heads.

Stone. Yes.

Counsel. Then the people that were cleared away from the Hustings in the riot, must have been Serjeant Glyn's friends.

Stone. I said the Hustings were chiefly surrounded by people with Glyn's favours in their hats.

Counsel. Then you know nothing at all of the clearing the Hustings.

Stone. No more than I have said.

Counsel. Then you do not know who were the possession of the Hustings at the time the hat was thrown up.

Stone. The sheriffs.

Q. Who were round the Hustings at the time of slinging up the hat?

Stone. They had Glyn's favours in their hats.

Counsel. These people that were cleared away from the Hustings at that time by the rioters, were chiefly with Glyn's favours in their hats, or were they not?

Stone. Yes.

Counsel. You say you afterwards saw Glyn's mob breaking the house where Sir William Beauchamp Proctor was.

Stone. Yes.

Q. Did you not suppose that to be the same mob that were clearing away the people from the Hustings?

Stone. I was not there at the time.

Counsel. You say they were d - ing Sir William, and all the Irish gang.

Stone. Yes.

Q. Who did you take to be meant by that?

Stone. The people with Proctor's favours in their hats, above one hundred. I had heard people say in the morning that Sir William had hired some men.

Mr. Impey. Did you suppose this Irish gang to be the people that said they would have Sir William Beauchamp's blood?

Stone. The other people said so.

Serjeant Burland. At the time these people were swept away from the Hustings, there were a great many ready to poll.

Stone. Yes.

Edward Roberts sworn.

Edward Roberts . I was at Brentford on the 8th of December, at the Three Pigeons, and about the Butts.

Q. Was you there before the riot began?

Roberts. Yes; I observed between the hours of one and two, to the best of my remembrance, there might be about thirty men assembled together, with favours for Mr. Glyn.

Q. Had they any thing in their hands?

Roberts. They had white sticks. One of the men said, he would fight any one of Mr. Proctor's men, and swore a bitter oath.

Q. Did this man make any noise?

Roberts. He cried out, Glyn for ever, and no Proctor; several of them cried out so. That man stripped, and with the stick he had in his hand, he struck several people that had favours in their hats for Proctor.

Q. How did those people behave with favours in their hats before they were struck?

Roberts. They behaved peaceably; I saw no disturbance by any of them. I went off through the Three Pigeons Yard.

Q. When did the riot begin?

Roberts. For what I know that was the beginning of it. I went away directly.

Q. What time did you go to Brentford?

Roberts. About eight o'clock in the morning.

Q. Was you there all the time?

Roberts. No. I might be there about an hour and a half before that.

Cross Examination.

Q. Are you a freeholder?

Roberts. No; I went there with my own free will.

Q. Had you a favour?

Roberts. No.

Q. What are you?

Roberts. I am a plaisterer by trade. As I was coming through the Three Pigeons Yard, I had like to have had my brains knocked out.

Dennis Cullom sworn.

Dennis Cullom . I was at Brentford on the 8th of December. I saw but very little. I saw a man, about one or two o'clock, stripped, and offered to fight any of Proctor's Irish gang; immediately I left the Hustings, and returned again in about half an hour, and saw them all in confusion, and I made the best of my way out of town: That was all I saw of it.

Abraham Pierce sworn.

Abraham Pierce . I was at Brentford on the 8th of December with Mr. Thomas Stone . I was at the farther end, where the Butts, as they call them, then were. There stood a parcel of men; one of them said, there come the country gentlemen! as they call them. When the country gentlemen came in, this man strutted out, and said, D - n you; now Proctor! - a young fellow just by the side of me, with a gold laced hat, and light-coloured wig. Two of these fellows came up and said, What do you say? he said, I say Proctor for ever. They came on each side of him, and knocked him down and beat off his hat and wig.

Q. How were these distinguished?

Pierce. They were on my left-hand side, the young fellow was on my right.

Q. Had they any cockades in their hats?

Pierce. They had none that I saw. I laid hold of the young man, and said every man is willing to give his voice for his friend. They said he was out of his senses, and they would duck him. They came and hawled him out of my hands. what they did with him I know not.

Q. How soon after was the great riot?

Pierce. From thence I went towards the town, to a little alehouse. There were some headboroughs there; they were waving their sticks, with favours of Glyn in their hats. Some were desiring the officers to take the sticks from some men. I said to the officers, I would not mind these sort of people; as they are quiet, let them alone while they are so. An officer said he had taken sticks from two of them. While I was talking, a set of fellows came up; and said, Where are they? and they went to battle royal with sticks. That was all that past as I saw. I never was at Brentford before.

Q. How far was this from the Hustings?

Pierce. About an hundred and fifty yards, I do not speak particularly; I made the best of my way home. I went to the upper end of the Hustings, there were two sets of people fighting one against the other.

Counsel. I thought you went away then.

Pierce. I stayed till they began to clear the Hustings; they went up to the Hustings, and then went round: when I saw there was nothing but mischief, I made the best of my way, as fast as I could.

Counsel. You did not suppose they were all on one side, when they fought.

Pierce. I did not look upon it they were.

Q. What were this set of fellows that came up, who did they come up to?

Pierce. They came up to the headboroughs, and were attempting to make a riot.

Q. Upon whose side did they come?

Pierce. Upon the headboroughs side; these men had Glyn in their hats.

Q. What set of men were these that came up with their sticks, were they Glyn's people?

Pierce. They were a set of people; but where they came from I cannot tell.

Q. How were they distinguished?

Pierce. Some had Glyn, and some had Proctor in their hats.

Q. How many country fellows were there offering to take their sticks from them?

Pierce. There were two county men standing; one would not part with his stick so easily to the officer, and the officer up with his long staff and knocked him down. Then up came these other fellows.

Q. What number of people might be about them?

Pierce. I believe thirty or forty; they began to scout as fast as they could.

Q. Had these people any thing in their hats?

Pierce. Some had Proctor and Liberty, and some Glyn. It was done all in the twinkling of an eye. This was done just at the time when a great parcel of people were coming to poll.

Q. Did you see any thing of what was done after?

Pierce. They had deserted the Hustings. Sir William went into a house, and they broke the windows: they d - d Proctor, and cried, Pull him out, Pull him out! They got bricks from a wall, and threw at the window.

Q. How many might be fighting in the street?

Pierce. There were several. I saw others throwing stones in the street. There were two fellows in the yard.

Q. Had these people any cockades in their hats?

Pierce. I did not see any.

Counsel. You are a freeholder, I believe.

Pierce. No, I am not. Two gentlemen asked me to go with them. I live in Spital-fields.

Mr. Sheriff Shakespear sworn.

John Shakespear , Esq; In consequence of the notice that we gave, we proceeded to Brentford, and was there by nine o'clock: we then took every necessary step to proceed in the election, and I believe, before the commencement of the poll, it was eleven o'clock, or more; I cannot speak precisely to a quarter of an hour, but I believe, the swearing of the clerks, and the-like, had taken up the time to then. From eleven o'clock, till about two, I never saw a poll go on more regular in my life time. About two o'clock a violent mob came down from the corner next the Castle, near the charity-school. I take it that the booth, I am not quite clear, stood, as near as can be, north and south, and therefore this was at the north-east corner, at the end where the door is. It appeared to me, that a number of people came down from that corner. The attack was extremely violent; they delivered their blows indiscriminately, and to the best of my judgment, the whole affair did not last more than from three to five minutes. I do not think it lasted longer, for they dispersed as quick as they came on; so that it was very sudden in its rise and execution; extremely so. As fear increases numbers, many people that were by me, were of opinion, there were a great number; but I do not think, that the acting men exceeded twenty-five or thirty at the most: many of our clerks, and the cheque clerks, were driven away from their stations; for there was a general riot. Mr. Hallifax and myself immediately called upon our under-sheriffs to go with us, to consider of what was proper to be done. We adjourned till next morning, in a legal manner, and then proceeded to read the riot act. A great number of country people naturally came round the booth; I saw only one of the rioters that attempted to come upon the polling place. Those that I call the rioters, were gone at that time. I went up to Mr. Drinkwater's, where the people were breaking the windows, and I remember one man in a white jacket was running upon the wall.

Q. Was that the house where Sir William had retired to?

Answer. I understood it so. I have not seen Sir William from that time to this:

Q. What were they saying, at that time?

Answer. They were d - ing Proctor, and the like.

Q. Whose interest was Mr. Drinkwater in?

Answer. In Sir William Beauchamp's, I suppose.

Cross Examination.

Counsel. I understand that from eleven o'clock till this riot, every thing was very quiet.

Answer. It was.

Q. Whether this was one armed mob, fighting with another armed mob, or whether it was a body of armed men coming down, and attacking those that were unarmed, about the polling place?

Answer. It was that that struck me particularly; those seemed to come all from one quarter, as one mob. It had that appearance to me.

Q. How were these men you call acting men armed?

Answer. They seemed to have white-sticks, of near three feet long.

Q. Whether these persons that were afterwards at the house where Sir William was, were they the same people, or others?

Answer. They dispersed themselves when we came up, so that I cannot tell. The man that was running on the wall, he seemed to be a baker's servant. He was gone when we came.

Q. Whether this man that you saw approach the booth, and get upon it, spoke to Sir William?

Answer. No, Nor did I see any person struck upon the booth.

After Mr. Justice Gould summed up the evidence, the jury withdrew, and returned in about twenty minutes, and brought in their verdict.

Both Guilty . Death .

They moved in arrest of judgment, which was argued on Monday the sixteenth, but it was over-ruled by the court, and they received sentence to be executed on the Wednesday following, and their bodies dissected and anotomized .

Whereas several errors in the former part of this trial, through the hurry of preparing it for the press, have past unnoticed; it is hoped the candid reader will correct on page 75, line 20 from the bottom, of the second column, for yet revolving read not revolving, line 17 from the bottom, dele the word not; and line 14 from the bottom, for I did read I did not; and add the word Mr. to their Lordships names, where omitted some pages before.

The above errors are some of the many that may occur in the former part of this trial, especially in that part of it where the short-hand writer has given, from his minutes uncorrected, what he understood to fall from the Judges and Recorder; which he confesses has not been used to do, without their permission or supervision, and which he should not have printed on this occasion, if he had not been anxious that the public should have an exact copy of his minutes, that there might be no suspicion that he had suppressed any thing which had occurred in this remarkable trial. The conclusion of Mr. Justice Aston's speech, and the last part of what fell from the Recorder, he is sensible, is very imperfectly taken.

110. (M.) DAVID STORER was indicted for stealing twenty yards of muslin, value 1 l. 16 s. the property of Elizabeth Saltmarsh , spinster , December 10 . ++

Eliz. Saltmarsh. I am a milliner , and keep a shop at the corner of the Savoy Gate, in the Strand . On the 31st of December, between six and seven o'clock in the evening, I was in a back room-joining the shop. I heard the door open with great quickness, and something go in and come out again in an instant. Upon which I imagined somebody had been in and stole something. I went into the shop, and had not been there above two or three minutes, before my shop was surrounded with people, and a neighbour came in with the prisoner and my bundle of muslin. I asked the prisoner if he had any accomplices? He made no answer. I took him before Sir John Fielding , and he was committed.

Mr. Neltrop. I saw the prisoner and two or three more boys lurking about the prosecutrix's window. I watched him. I saw the prisoner whip into the shop, and out again. I crossed the way, and laid hold of him; he slipped through my hands: I catched him again. I saw he had a bundle in his hand as he came out. Another person took up the bundle he had dropped. I took that and him into the shop. We took him before the Justice, and he was committed.

Prisoner's Defence.

I had not the bundle. I am fourteen years of age.

Guilty . B .

111. (M.) John True was indicted for that he, with a certain offensive weapon called a pistol; did make an assault on William Tytler , with intent the money of the said William to steal, &c . Dec. 19 . ++

Wm Tytler . On Monday the 19th of Dec. I was coming from Hampstead to go to Islington, between five and six in the evening. I was stopped in the corner of a field, joining Pancras-Wash , by the prisoner; he pulled out a pistol from under his coat, and put it to my breast and said, Your money, Sir! I told him I had but little; I had but one shilling in my pocket. He said, Then give it me. I put my hand in my pocket, and could not find it, being a little flurried; he said, I must not tell him lies; I told him, if he would not believe me, he might search. He said, No, I knew best myself what I had done with it. I felt again, but could not find it. In the mean tine, there was a coach coming up Pancras-Wash; I knew it must come very near us. As it came past us, he held the pistol down by his coat; I then bid him a good night, and better luck than he had with me, and left him. He said he should have better luck, or he would meet with me again. I imagined he went after the coach. It was quite a moon-shiny night. I had about five minutes conversation with him. I am certain the prisoner is the man. I went away to Sir John Fielding , and gave him information of him, and he was taken about half an hour after in Southampton-Row. Sir John sent three men with me; William Haliburton was one of them, and he took him.

William Haliburton . When we came to the end of King-Street, I said to the prosecutor, Let you and I go together, and the other two to come behind at about twenty yards distance. When the prisoner appeared, the prosecutor said, I believe that is the man. I said, Do not charge any man wrongfully, let him come up to us; the prisoner came past us on the left-hand, the prosecutor whispered to me, and said, That is the man: then the prisoner was between us and the other two men that came behind us. I turned and laid hold of him, and took this pistol from out of the lining of his coat: it was loaded with a large ball.

(Producing a horse pistol.)

The prisoner said nothing in his defence.

Guilty , T .

112. (M.) James Day was indicted for stealing thirteen guineas , the property of Stephen Caesar Lemaistre , Esq . Jan. 1 .

To which be pleaded Guilty . B .

113. (M.) Edward Barry was indicted for stealing seven pounds weight of beef, value two shillings , the property of William Woodward , Dec. 31 . ++

William Woodward . I sell meat at Hackney . The last day of the old year. I was at the Horse and Groom. I was gone backwards with two pigs heads, and left my meat in the taproom; when I came back, I missed a piece of sirline of Beef; he being in the house when I went backwards, I suspected him. I took him at the Old Mermaid alehouse with a bag in his hand; and my meat was in the bag. I know it well, having cut the fat out of it a little before.

Q. What is the prisoner?

Woodward. He is a potatoe digger . He put five shillings and three pence in my hand to let him run away, but I would not.

Prisoner's Defence.

I called in at a house at Hackney, where I eat my breakfast. Two men came in with a basket of meat. As I was coming out at the door, I met a man with brown clothes; he asked me how far I was going; I said to Edmonton; said he, I am going to Essex; and, said, he I have a piece of meat here, will you be kind enough to take it, and put it into your bag? I said, we shall go but a short way together; but he persuaded me to put it in my bag. We went into a public-house and called for a pint of beer; said, he keep it till I come, I will be with you directly; and he went out. I know nothing at all how he got it.

To his character.

Whitenham Burgess. I am an Irishman, so is the prisoner. I can give him an honest character for two years past.

Guilty . W .

114. (M.) Thomas Grindal was indicted for forging an order for the payment of fifty pounds, with the name Robert Piggot subscribed thereunto, directed to Messrs. Child and company , and for offering the same, well knowing the same to be forged, with intent to defraud the said Child and company , Oct. 24. 1768 .

No evidence was produced.

Acquitted .

(M.) He was a second time indicted for forging an order for the payment of 50 l. with the name Robert Piggot subscribed there-unto, directed to Messrs. Child and company, and for publishing the same, with intent to defraud Messrs. Child and company , Nov. 15, 1768 .

There was no evidence to affect the prisoner.

Acquitted .

He was detained for a crime in Huntingdonshire.

115. (M.) William Ward was indicted for stealing a pair of steel snuffers, value 1 s. and a silver snuffer-stand, value 5 s. the property of Catharine Festone , widow , Jan 7 . ++

Mary Pearce . I am servant to Mr. Catharine Festone in Upper Gloucester-Street . Last Saturday morning I went out over the way for a halfpenny worth of brick-dust. I pulled the street-door too, but the spring lock did not catch. I was not a minute when I got on the step of the door where I was going. I looked back and saw a man go in at our door, I run back as fast as I could, as the rest of the servants were below. I met the prisoner coming out on the second step of the door; he was putting something in his right hand pocket: I followed him, and said, You impudent man, what have you been in my Mistress's house for? He changed pale, and ran. I run after him as fast as I could, and called, Stop that man! He was taken in Ormond-yard. I told the mob to bring him to our house, and ran back to shut the door. They brought him, and the snuffers and stand also. I know they were in the parlour when I went out.

John Cole . I was going in Ormond-street. I heard somebody call, Stop the man, Stop the man. I saw the prisoner running; he took towards Ormond-yard. I followed him down the yard. I saw him drop the snuffers and stand. I took them up, and he was secured.

Produced and deposed to, by a crest upon the stand, by the first evidence, as her Mistress's property.

Prisoner's defence.

I was going across Queen-Square, and seeing people run and call Stop thief, I ran among the rest. There were a great many people running besides me.

To his character.

Joseph Green. I have known the prisoner six years: he has a very good character.

Richard Harrald . I have known him five years. Could I afford to keep a servant in his way, he should be the first person I should take. He is a barber.

Q. Have you any reason to doubt the truth of what has been laid against him?

Harrald. He may have been led away by bad people.

Mr. Cook. I have known him about eight years: he had a very good character the time I knew him.

Mrs. Waites. I have known him six years: his character was good during that time.

Guilty . T .

116. (M.) Mary Banes , otherwise Low, otherwise Stevens , spinster , was indicted for stealing a brass candlestick, a linen bed quilt, a pair of linen sheets, and a bed curtain, the property of Thomas Linney , the same being in a certain lodging room lett by contract, &c Jan. 12 . ++

Acquitted .

117. Robert Davis , otherwise David Roberts , was indicted for stealing a linen bed curtain, value 6 s. two linen sheets, value 8 s. a silk bonnet, four shifts, two children's linen frocks, a linen apron, a silk apron, a linen handkerchief, a pair of past ear-rings, two linen ruffels, one silk stocking, a Book of Common prayer and administration of the sacraments, together with the psalter or psalms of David, &c. the property of Robert Dormer , Dec. 22 .

To which he pleaded Guilty .

He was a second time indicted for stealing a cloth great coat, value 16 s. another coat, value 40 s. two cloth waistcoats, value 12 s. a linen ditto, value 8 s. a pair of iron shoe and knee buckles, a pair of Bristol stone buttons set in silver, a pair of stockings, a pair of silk and thread, and a silver watch, the property of Francis Kelley , in the dwelling-house of John - Dec. 12 . To which he pleaded Guilty . Death .

He was a third time indicted for stealing eight linen shifts, value 16 s. four aprons, three pair of silk stockings, eleven linen handkerchiefs, three women's caps, two pair of ruffles, and one callico petticoat, the property of Ann Moreton , widow ; three silk gowns, three linen shifts, three linen handkerchiefs, three pair of women's stuff shoes, two pair of cotton stockings, and two aprons, the property of Ann Walker , spinster ; in the dwelling house of John Dobins .

To which he pleaded Guilty . Death .

He was a fourth time indicted for stealing two silk gowns, a gown of silk and stuff, a silk cardinal, two silk hats, five linen shifts, two pair of cotton stockings, nine linen aprons, a pair of women's ruffles, eleven linen handkerchiefs, three silk handkerchiefs, two yards of linen lace, five linen tuckers for gowns, a woman's black silk cap, edged with lace, six linen caps, a pair of silk mittins, two neckloths, a garnet necklace, a mother-of-pearl necklace, and two pair of gold ear-rings, the property of Mary Wright , spinster , in the dwelling-house of Matthew Harvey .

To which he pleaded guilty . Death .

He was a fifth time indicted for stealing a silk gown, value 40 s. three linen gowns, value 38 s. four aprons, value 8 s. a silk cardinal, value 10 s. twenty-two yards of linen cloth, value 20 s. two silk handkerchiefs, value 3 s. six linen handkerchiefs, value 8 s. six silver tea-spoons, a pair of silver shoe buckles, a gold ring, three guineas, one half guinea, a five-and-three-penny piece, and several other pieces of coin, the property of Mary Coleman , in the dwelling-house of Thomas Wainwright , Dec. 21 .

AND

118. (M.) Frances Newcomb , spinster , for receiving a silk gown, four aprons, twenty-one yards of linen cloth, two silk handkerchiefs, and a pair of silver shoe buckles, part of the said goods, well knowing them to have been stolen , December 26 . +

To which Davis pleaded guilty . Death .

He had two indictments against him in the name of David Roberts , in May Sessions, 1767, and was capitally convicted on one of them. He received his Majesty's pardon the June Sessions following, on condition of being transported for fourteen years (See No. 204, in Mr. Alderman Kite's Mayoralty.)

Mary Coleman . I live in St. Martin's-Lane. I am servant to Thomas Wainwright , a carpenter. I lost all the things laid in the indictment (mentioning them by name.) They were in four boxes, in a garret, in my master's house: they were taken away last St. Thomas-day, between the hours of twelve and four in the daytime. They were found where David Roberts lodged.

John Conyer . I am an apprentice to Mr. Gunston, a pawnbroker, in German-Street; this apron (producing one) was pledged to me by Frances Newcomb , on Friday the 27th of September.

M. Coleman. This is my property, which I lost with the other things.

Conyer. Mrs. Coleman came and enquired what things Frances Newcomb had pledged, and I produced that.

Margaret Tipton . I received some linen of Robert-Davis to cut into shirts the day before he was taken, I think it was the Wednesday night before Christmas day. The piece ran eighteen ells, for I measured it.

M. Coleman. I bought twenty-five yards: I think I had cut off a yard and three quarters.

M. Tipton. The day the search-warrant came into the house, the prisoner, Newcomb, came in a hurry and took the cloth from me. This was the Thursday or Friday in the Christmas week. Mary Coleman was there. My apartment is at the bottom of the yard belonging to the same house: when Newcomb came for it, she told me there was a search-warrant come. I desired her to let the cloth lie. She put them in her apron and carried it down stairs. I had cut some out after that. She brought it up again, and soon fetched it a second time; but I never saw the cloth afterwards.

Q. Do you know whether Davis and Newcomb were acquainted?

M. Tipton. That I do not know. I know they both lodged in the same house, at Kensington.

William Shaw . I live at Kensington. I heard some of Sir John Fielding 's constables were come where Davis lodged. I went there after they were gone. I went to Fanny Newcomb . I found this cloth down in the necessary-house, (produced in court, deposed to by prosecutor) by a place on it where she had cut a small piece off at one end.

Prisoner's Defence.

I had the misfortune to lodge in the house where Davis lodged. He was quite a stranger to me. I go out to washing and ironing. I was not at home when these things were brought in. The apron he gave me in some linen which I washed for him. They were brought in on the Wednesday night. What I had were delivered back again. The landlady of the house desired I would take them away: she likewise desired I would get the shirts and throw them out on the dunghill, or any where I could. I took the clothes and went into the necessary house, and, by accident, I let it fall in.

Edward Edington . I live in Somerset Street; by the new square. I have known her about fourteen years. She always behaved with honesty till this very time.

Susanna Topscote . The prisoner was servant in my house near a year and a half ago, in Tyburn-road. She always behaved just and honest while in my house.

Guilty . T. 14 .

119. (M.) John Carey , otherwise John Clark was indicted for returning from transportation before the expiration of his time . *

The record of his trial and conviction was read in Court, wherein it appeared he was found guilty, and ordered for transportation (see No. 118 in Mr. Alderman Harley's Mayorality) for stealing a quantity of goods, the property of James Tyley, in Old Gravel-Lane.

John Heley . I apprehended the prisoner for the fact he was tried for, and was present when he was tried. There were two indictments against him; one for stealing goods, the property of Mr. Tyley; but I did not see him receive sentence.

Christopher Reed . The prisoner was put on board my ship. I carried him to Maryland, and set him on shore there the 5th of July last, among the other transports. I remember him well: he rased a riot in the Downs, and got himself to be what he called the captain; but they were soon subdued again.

William Noel . I carried the prisoner on shore from the Triall, the ship he returned here in at Blackwall. She arrived the 27th of Dec. last. The prisoner asked liberty for the ship's boat to go on shore for strong beer. I went on shore with him. He stayed on shore, and would not go on board again. He said he would go to London. We got the ship up to Bell Wharf. I was sent on shore, and when I came on board, the prisoner, whom I had met on shore, was got on board. I told Captain Reed he was on board the ship; he said, that is the man that made himself captain of his ship. He ordered me to carry him on shore, and see that he had justice done him.

Prisoner's Defence.

The captain took me prisoner on board.

Guilty , Death .

120. (M.) Elizabeth, wife of Thomas, Purlement was indicted for stealing twenty-eight yards of silk lutestring, value 41. and a black sattin cloak, value 10 s. the property of Richard Cole , Dec. 6 . ++

Richard Cole . I am a mercer and live in Holywell-Street . On the 6th of Dec. last, the prisoner had been in my shop, under pretence to buy some things, and after she was gone, in about five minutes I missed the silk and cloak mentioned in the indictment. I advertised them on the Thursday following, the silk was stopped, and she also. I heard her confess she stole them from me, and also where she had pawned the cloak. I found it accordingly. (The silk and cloak produced and deposed by prosecutor and his wife.)

Guilty . T .

121. (M.) Mary Johnson , otherwise Child , spinster , was indicted for stealing a linen shirt, value 5 s. and a pair of silver shoe-buckles, value 8 s. the property of Samuel Noden , June 25 . ||

Ann Noden . Samuel Noden is my husband: we live in Clerkenwell-Close . On the 25th of June, about four in the afternoon, I asked the prisoner to go up stairs to make my bed. No body had been up till I missed the silver buckles out of my husband's shoes, that were in the room. About a quarter of an hour afterwards, I looked about, and missed a shirt. She was not to be found till this day. sevennight, when I took her up. I charged her with taking them. She owned she did take them, and had sold them to a person in Field-Lane, where I found them. (Produced, and deposed to.)

Elizabeth Evans . The buckles were brought to me by a neighbour's child to be sold. I had them weighed by a silversmith, he valued them at 8 s. I gave 9 s. for them. That same child came with a woman that brought the shirt; I cannnot say I know the woman; I gave 7 s. for that.

Mary Mills . The prisoner said she had these things to dispose of, and desired I would let my daughter go with her, and recommended the prisoner to Mrs. Evans to buy them.

The prisoner said nothing in her defence.

Guilty, 10 d. W .

122. (M.) John Stewart was indicted for stealing a blue cloth coat, value 5 s. a cloth waistcoat, value 3 s. half a yard of cloth, a pair of worsted stockings, and a pair of white cotton stockings , the property of Alexander Hudson , Dec. 31 . ||

Alexander Hudson . I was waiting for my pension at Chelsea, and lay at the Marquis of Granby's Head : there the prisoner lay in the same room, but not in the same bed. On the 31st of Dec. in the morning, he got up before daylight, and took away the things mentioned in the indictment, and at night I found him with my shirt and a pair of stockings on him. He desired the other things; but after he was in gaol he told me he had taken all the things, and told me where he had pawned them, and where I found them. (Produced and deposed to.)

For the Prisoner.

I did take and pawn them, intending to get them out again when I got my wages.

Guilty, 10 d. W .

123. (M.) Abraham Key was indicted for stealing nine pounds weight of beef, value 1 s. 6 d. the property of John Tyler , Dec. 26 . ||

John Tyler . I had missed joints of meat from my shop in White-Cross-Street . I endeavoured to find out the thief. I desired my wife to go into the house and take no notice of the shop. I went over to a Yorkshire warehouse, and told Mr. Cotton that lives there, I intended to watch my door. We both saw the prisoner take a piece that was hanging at my door: I ran over and took hold of him. This was about half an hour after seven o'clock on the 26th of December last. He dropped it close to his heels. We took it up. He had taken the beef, (it was about nine or ten pounds). hook and all.

Josiah Cotton . Mr. Taylor told me he had lost a piece of meat, and he came to our shop to watch his own window. About half an hour after seven he ran out, and I after him. He took the prisoner by the collar, who let a piece of beef fall in the dirt. Mr. Taylor took it up. We then secured the prisoner.

Prisoner's Defence.

I was going to get some water, he followed me and charged me with taking some beef. He searched my bosom and found nothing at all upon me. I have worked for a person in Whitecross-Street these six years.

Guilty . T .

124. (M.) John Grunner was indicted for that he, on the King's highway, on Thomas More did make an assault, putting him in corporal fear and danger of his life, and taking from his person eight guineas, the property of the said Thomas More , against his will , December, 28 . ||

Thomas Moore . I am footman to Lady Dell. Mr. Albury sent for the prisoner to the Coach and Horses in Wellbank-Street , on the 28th of December, between five and six in the evening. I had a disorder upon me, and I sent for the prisoner to cure me.

Q. What is the prisoner?

Moore. He is a surgeon . I told him I would give him a guinea, and what he should desire after, I would satisfy him.

Q. Did you know him before?

Moore. I never saw him before in my life. He finding I had more gold about me, seeing it in my hand, he asked me to let him see the pieces. I took and laid them down upon the table. I had given him one guinea, and there were eight more on the table. He took the eight up and put them in his pocket, and said he would act like an honest man. I asked him for them again; he said he would not give them me. When he would not return me my money, I took him before Justice Spinnage, the same evening. He told the Justice he had no money of mine. I told the Justice he had in his right hand pocket, and they were taken out of his pocket. They have been in my custody ever since.

Q. Did he give you any medicine?

Moore. No. He offered me some, but I would not take any.

Acquitted .

He was a second time indicted for stealing eight guineas, the property of Thomas Moore , in the dwelling house of Thomas Grantham .

There was no further evidence given.

Acquitted .

125. (M.) John M'Gowing was indicted for stealing five hundred pounds weight of iron , the property of a person unknown, Dec. 29 . ++

William Poston . I was in at the Ship at Bell Wharf, a public-house, on Wednesday night, the 28th of December, about nine o'clock, when the prisoner and Peter Carty came and took me out, and told me I must go on shipboard, at Shadwell-Dock, to tide work. I am a waterman. The prisoner rowed the boat (it was my boat) to Wapping old stairs , alongside a lighter; he went into the lighter, and he handed out some iron to Carty; I am no judge how much there was then: the prisoner rowed the boat back again to Theobald's Wharf by Stone Stairs. Carty threatened to throw me overboard if I resisted. The next morning I met Mr. Halstead, the clerk at that wharf, and told him of it.

John Williams . I was called out of bed about two o'clock by the prisoner and another man, who asked me for a cart. (I am a carman.) I said they could not have one till the afternoon. Then they asked me whether they could put the iron into the stable till I could carry it. Mr. Powell, a waterman, came while we were doing it; and in the afternoon I carried it, as the prisoner and Carty desired, to East-Smithfield. They had left three bars behind.

Q. Where did you deliver the iron?

Williams. I delivered it to a farrier, named Dixon; they would not pay me; the next day the prisoners came and demanded three bars. There was a dispute. Then somebody took up the prisoner with a warrant.

John Powell . William Poston and John Williams were handing some iron bars. Poston handed them to Williams, out of a boat, at the time Poston mentioned.

William Holsted . I am a clerk to Mr. Theobald. We had been robbed several times of iron. Having information of this, I went to Dixon's in East-Smithfield; they denied they had any. I said, then I would go and get a search-warrant. As I was going, I met Williams, who told me he had brought it to Dixon's. I returned to Dixon's again, and his wife denied receiving any. I went to get a warrant, but the Justice not being in the way, on my return from the Rotation-Office I found the prisoner and Carty had been to claim the iron. I was informed I had a right to take the prisoner where-ever I found him, without a warrant. I took Poston and the prisoner up, and Sir Robert Darling committed them.

John Wooldridge . I am a lighterman. My lighter had been robbed several times. The lighter, where the evidence says he had the iron from, was in the ship's care: she is now gone out to sea.

Prisoner's Defence.

Between three and four o'clock that morning I met the man that employed me. He brought me down to Bell-Wharf. His name is M'Carty. I carried it for him. Poston handed it to me. They brought the iron to a stable, and gave me some purl. They said, if I would come and lend them a hand with it into the cart, they would give me a shilling. I did; and when we got it to the smith's shop, they gave me a shilling, and some beer, I went afterwards to demand the other three bars, by M'Carty's order. I have been in the King's service these eight years.

To his Character.

Calcott Chambers. I am a publican, and live in New Gravel Lane. I have known the prisoner about six months. He is a sailor , and works in the Rope-house, and on board of ships. I never heard any ill of him before this time.

Michael Macanty . I have known him about nine months.

Q. What are you?

Macanty. I am a ballast-man. I know nothing of the man but what is honest. He lodged in my house.

Q. Do you know Peter Carty ?

Macanty. I have seen him, but I have no acquaintance with him; he used to go in a sailor's jacket, but I do not know what business he is of.

James Mackdaniel . I was a publican. The prisoner used my house. I never knew any thing ill laid to his charge before this.

Thomas Price . I have known him about three years. He is a very honest man; I never heard to the contrary. I have worked many tides with him upon the river.

Robert Smith . I have known him about four years. I know nothing but that he behaved himself very right.

Thomas Bourn . I have known him about twenty months. I have heard a good character of him in the parish where he lived.

Guilty . T .

126. (L.) Lazarus Isaac was indicted for stealing a linen handkerchief, value 10 d. the property of John Moss , Dec. 30 . ||

John Moss . On the 30th of December last, I was in Guildhall . A person came and tapped my shoulder, and told me there was a thief. I turned round, and at the same time I felt the prisoner pull my handkerchief out of my pocket. (A blue and white linen one.) I saw him cram it into his bosom. He left one corner of it hanging out. I laid hold of him. He wanted to call me on one side, but I would not go. I took him before Mr. Aldermen Stevenson, at Guildhall, who sent him to the Compter. (The handkerchief produced and deposed to.)

William Nash . This handkerchief was delivered to my custody before the Alderman. I have had it in my custody ever since.

Prisoner's Defence.

Here is a paper that the prosecutor wrote, signed by his own hand, not to prosecute me. (Producing it.)

Prosecutor. I did sign this paper, but did not know what I was doing. I being young, did not know how to prosecute. They told me it would be expensive.

Guilty . T .

127. (L.) John Colhill was indicted for stealing a linen handkerchief, value 10 d. the property of John Barber , Dec. 16 . ||

John Barber . On the 16th of Dec. last, in the evening, as I was going up Lombard-Street , George Christian followed me, and told me my pocket was picked. I put my hand in and missed my handkerchief. He said, if I would go back, he would shew me the person that picked my pocket. He took me down to near the church, in the Poultry; not seeing the person, we were returning towards the Mansion-House. He then shewed me the prisoner, and said, That was the lad; I went and took hold of the prisoner. He took my handkerchief out, and attempted to throw it on the ground. I seized it.

George Christian . I live with Mr. Pain, in Bow-Lane, Cheapside. I was going to the Royal Exchange. I saw the boy at the bar follow the prosecutor. Just at the corner of Lombard-Street, the prisoner took a handkerchief out of the gentleman's pocket. I went across the way, and asked the gentleman if he had not lost his handkerchief; he put his hand into his pocket, and said, he had; then I said, Go along with me and I will shew you the person that took it. We went back, and up the Poultry, and found the prisoner as we were coming back. I said, That was he. The prisoner took the handkerchief out of his pocket, in order to throw it down, and the gentleman secured it and the prisoner too. There was another boy in company with him. (The handkerchief produced and deposed to.)

Prisoner's Defence.

I was going along, and this gentleman came and laid hold of me, and charged me with picking his pocket. I was as innocent as a child unborn.

To his Character.

John Luck . I have known the prisoner from a child. I never knew any ill of him. He is in the shoemaking business with his father, who lives in Hand-Alley, Bishopsgate-Street.

Elizabeth Poultney . I have known him from a child; he was always a very honest, sober lad.

William Wright . I have known him about twelve years. I never heard any harm of him in my life. He was always a very sober boy.

Guilty . T .

128. (L.) Stow Potter was indicted for stealing eleven pieces of black lead for pencils ; the property of William Panton , Jan. 2 . ||

Acquitted .

129. (L.) Mark Oyle , otherwise Dyley , was indicted for stealing a silver watch, value forty shillings , the property of Thomas Stanton , Sept. 28 . ||

Thomas Stanton . I live at Pauler's Perry, which is not far from Potter's Perry, in Northamptonshire. I was going down Ludgate-hill, on the 28th of September; there I met the prisoner, with a stick in his hand, and a pair of silver spurs on his shoes. He appeared like a countryman. I took him for a man that dealt among cattle. He took me by the hand, and said, How do you do, countryman? He asked me where I had been. I told him, I came to get a place for service, but could find none.

Q. Did you know him before?

Stanton. I never saw him before, to my knowledge. He asked me where I was going, I said, I was a stranger; I was going to the Cattle and Falcon, in order, the next morning, to go down into the country. He said, he would be obliged to me if I would be so kind as to do him a favour. I said, What is it? He said, he had lost a horse worth sixteen guineas, and wanted me to take two or three bills describing the horse, and leave them at the turnpikes; he had rather it cost him twenty guineas than his father should know that he had lost the horse. I asked him after what manner he lost him; he said, If I would not say any thing of it, he would tell me. I said, I am no acquaintance of yours, nor know none of your acquaintance; you need not be afraid of me; I am going into my, own country to-morrow morning; if it is of any service to you, I will take your papers. Then he up and told me, he left his horse at a certain place, (I do not remember the particular place) at the door, with a person he thought he could trust, and went into a house to be concerned with a woman, to whom he gave five shillings, and the person rode away with his horse. I said, I was sorry for him, but he should have kept better company. He said, he had not his papers about him, but if I would be so kind as to step into a public-house, he would treat me with part of a pint of purl while he wrote them. We went through the Bell Savage gate-way into a public-house. He called for a pint of purl. I would have sat down in the tap-room, the first room I came into, but he walked to the farther room in the house, and ordered me to follow him.

Q. Were there any body else in the room?

Stanton. No, there were not. The gentlewoman sale, Countryman, do not be afraid! Step into the room, it is not very clean, but hoped I would excuse it. I said it was very well for me, for I should not stay, I was only come in to take two or three directions of the gentleman. I went in and sat down. He left me. I thought he was gone for a pen and ink to write the papers. As soon as he was gone, in came a fellow, well dressed, with a glass of rum in his hand, and a pipe in his mouth; he asked me, if I would go on board a ship along with him; I said, no, I would not; said he, D - n your blood, I am glad you told me your mind at once, now I know what to do with you. He insisted upon my drinking that glass of rum, for the answer I made him. I would not. Then in came the prisoner; he made his obedience to the young gentleman, (as I took him to be) and wanted to persuade me to drink it; he said, that is a young gentleman of fortune, you will affront him; he is a captain's son, and he had three or four hundred pounds in his pocket, and could draw a thousand pounds out of the Bank at any time; that he could have been made a captain himself, but that he took to drinking, and that his hand shook so that he could not write. He insisted on my drinking the glass of rum. Upon his insisting on it, I took it, and said, Captain, your health, and drank it. Then he swore an oath, and said, As you have drank that, I will fetch you another. I said, Sir, you may fetch as many as you please, but I will drink no more, only part of the pint of purl which the prisoner had called for. The captain goes out to fetch me another glass of rum. The prisoner then said to me, when he was gone; Countryman, have you got any money in your pocket? It surprised me; I jumped out of my seat I was in, and said, What do you mean? I have a few half-pence in my pocket to pay part of the pint of purl if you desire it. Then he pushed me into my seat, and said, there was nothing for me to pay: he then said, Countryman, you cannot be so poor as you make for, you have a good watch in your pocket. I said, Sir, I have a watch, but that is not all gold that glitters; I am short of money, though I have a watch. Said he, Countryman, I'll tell you what, if it is a Panchbeck one, and you will swear it is gold, I will get you 50 l. for it: that young gentleman has money enough. I said, I would not be concerned in any such action as that was; he was welcome to keep his money, for I did not want it. I said it was not Pinchbeck. Said he, Countryman, if it is a silver one, and you will swear the inside is gold, I will get you seven or eight guineas for it. I said I would keep it. He asked me to look at it; I said I would keep it, and would not pull it out. Upon that, in came the young gentleman again, with another glass of rum, and sat down by me, and insisted on my drinking it; but I would not touch it. The prisoner said to him, Sir, the countryman has got a good watch to sell. No, Sir, said I, I have got a watch, but do not intend to sell it. Said the young gentleman, Countryman, let me look at it. I don't mind money; I have money enough; we will not part for money. I don't mind money more than chips. With overpersuations, I said, A man of your fortune I make no doubt of; I will let you look at it, but I will not sell it: I pulled my watch out, and let him look at it. he opened it, and looked at the work; he d - md it, and said it was good for nothing. I said, It cost me a good deal of money, it ought to be worth something. He sat on one side the table and I on the other; he shut it up, and was going to deliver it to me. The prisoner was by the side of me: he snatched hold of the seal and key, as I had hold of it, and snatched it out of my hand, and swore it was not mine, but his. Then the young gentleman said to the prisoner, If it was his watch, he would give him eight guineas for it. I said, No, Sir, the watch is not his; he has no title to it, nor shall he have it. Then the prisoner wanted to whisper to me and said, Countryman, I only mean you shall tell him so, and when I have tricked him out of ten guineas, you shall have your watch again, and some of the money. I said I would not agree to it. I begg'd him to let me have my watch again, and if he would not, something further should come on it: I would have my watch before I parted with him, or would charge the constable with him. He seemed to take but little regard to what I said. The young gentleman pulled out a green purse, and would have given it into my hand to take what I pleased out of it. I told him I would have no concern with it, and insisted upon having my watch. The prisoner then had it. He would not deliver it to me. The gentleman then pulled out something that chink'd, wrapt in a paper out of his green purse: he told the prisoner it was seven guineas. Then the prisoner deliver'd the watch to him, and said he delivered two guineas with it, but I saw no money delivered on neither side. They wrapt my watch and that paper, what was in it I know not, in a handkerchief; I reached out my hand to get my watch, but they pulled me down in my seat, and would not let me come nigh it. They handed it from one to the other, and the young gentleman put it into his coat pocket; then the prisoner bid him go and stand with his back towards him, and shut his eyes, at the door, with his face towards it, while he laid a halfpenny under his his hat. I begg'd they would not go to hussle for my watch, for if they did, further trouble would come on it. After he had laid it down, he ordered the young gentleman to come and name: he came and named, I think it was a head. It was a head. Then they wanted me to play; I would not. Then the prisoner ordered the gentleman to go again, he went; the prisoner then wanted me to lay down the halfpenny, and said we should be sure of winning. He came a second time and named; after that the prisoner wanted me again to lay down the halfpenny; I would not; and because he should not lodge the money about me, I gave it a swing upon the table; he clapt his hat upon it, and bid the gentleman come again; he came the third time. Then the young gentleman said, the watch was his.

Q. Did he name as the money was?

Stanton. He named right every time. Then the prisoner immediately jumped up from his seat, and went out of the room; I directly followed and catched him at the door, and asked him, Where he was going? he said, he was going to draw a draft for 20 l. upon a tradesman, and insisted on my going with him; adding, When we come back again, no doubt but the young gentleman would play with him for ten pounds a game; and he did not doubt, but he would get the watch again, and 10 l. He insisted upon my going with him; and said, he could not draw the draft without he had an evidence. Sir, said I, you may go after I have got my watch again, if you please; but you shall not stir till I have my watch; and immediately catched hold of him, and said, you may draw as many drafts as you please after I have my watch. The landlady of the house came and demanded the money for the pint of purl; the prisoner pulled out sixpence, and paid her for it. Said I, Landlady, they have got my watch from me; take care they do not get out of your house. There is no other way out but this; and if the other comes this way, I'll kick him in again. The landlady said, Lord bless me! I am sorry for you. Which way did they get it? She went from me directly to look into the room where we had been. The sash was thrown up, and the young gentleman was gone out at the window. The prisoner directly charged me with having two guineas of his, and insisted upon my paying it to him, or I should go to Justice Fielding. I said, I was a stranger to London. I should be very glad to go, provided I knew the way. He rapped out an oath, and swore he would shew me the way. I said, I would, and insisted on going, and he to go with me: he swore he would shew me the way. We went out of the yard together, he was to convey me to Sir John Fielding 's, which he said he knew very well. He took me up by St. Paul's church; I very well know now, though I did not then; and down Cheapside, and in the Poultry: he collared me about the middle of the Poultry.

Q. What time of the day was it then?

Stanton. It was about twelve o'clock in the day. I resented being led like a dog, as I had done no harm: I said, I will not lose you, nor you shall not lose me, for I desire justice to be done; and I broke his hold. Then he seemed to walk very sharp, as though he had a mind to get away from me, till he came to St. Mildred's Court, by the church; the court being clear, he thought it had been a thorough-fare: he with this stick, that I have in my hand, (producing a string taken walking stick shattered in two pieces) said, If I did not go from him he would be the death of me. I said, Do not use me ill, for I have done you no harm, though you have me; he made no more words, but struck me on the side of the head as hard as he could hit me. It did not quite knock me down, but made me reel from him. As soon as I recovered myself, I made up to him; he hit me three or four times; I held up my arm to guard my head: he broke his stick in two upon my arm, he layed on so violently. As soon as he found it break, he took to his heels and ran, and I after him, as fast as I could. He, not finding a thoroughfair, took into a house, and I after him; he up with his bit of a stick, and told me, if I did not get away from him, he would knock my brains out.

Q. What house was this?

Stanton. It was the house of a printer: he ran up three steps into it before he could come out. I stopt him as he was returning; I then played about me and got his guard from him. I then came in for a blow; I got him by the collar, he seemed to be a little resolute; then I took him another good knock, and kicked him down the steps on his back; there he lay and hung his head down in a window and would not speak nor stir. The neighbours were going to charge a constable with me for killing the man; some of them did not know but he was dead; he bled freely. There was a gentleman in the court, he is here, Mr. Aldridge, he said the man is not dead. He took and threw a little cold water in his face; he soon came to life again. Then he charged me with having two guineas of his; I thought proper to charge a constable with him, and Mr. Aldridge ordered us to go before my Lord Mayor at the Mansion-House. There was Mr. Alderman Crosby. I told my story to him, and he committed him for farther examination.

Q. Did you ever get your watch again?

Stanton. No, I never did. The other man jumped out at the window with that, and was gone off with it.

Q. from Prisoner. Whether I took your watch from you?

Stanton. Yes; you snatched it out of my hand when the other man had just delivered it to me.

William Aldridge . On Wednesday, the 28th of December, about half an hour past one o'clock, I was standing at the door where I live in Mildred-Court, in the Poultry. I saw the prisoner striking the countryman violently over the head with a stick, I saw nobody else in the court but them. In a little time I saw the prisoner turn tail, and run; he came past me, and the countryman after him. He ran into a house at the further part of the court on the left hand, it was up three or four steps, where were a pair of folding doors, and the countryman ran in after him. There I heard a bustle; the countryman had got paying him; presently down came the prisoner on his back bleeding very freely; a woman in the court screamed out prodigiously. Mr. Farrell, the man of the house, came down to see what was the matter. Seeing the prisoner laying on his back bleeding, he called for a constable. I bid him have a little patience, I seeing it all, I said, I could tell him who was the aggressor, saying, I saw the prisoner strike the countryman over the head very much before he ran away; then he was pacified. The prisoner lay on his back as if he was choaked with blood, making a noise in his throat. I saw his countenance was fresh, and he looked well. I said to the prisoner, I fancy you are in the wrong box. Two shoemakers, my neighbours, came and addrest themselves to the countryman, and asked him what was the matter, he said, The man had stole his watch. There was a little water poured on the prisoner, after which he got up, and charged the countryman with having two guineas of his money. I told them, the best way to settle that point would be to go before my Lord Mayor, and that I would go with them: we had no conveniency to call for a constable, therefore the shoemakers and I went with them to the Mansion-House. There the countryman told the same as here. The prisoner made his defence, but it was so evasive, that he was committed for farther examination. The prisoner first said, the countryman had two guineas of his, after that he said he laid down two guineas, and the countryman laid down his watch, and another man ran away with them both. The alderman seeing the thing, desired me that I would assist the country man in getting him a place, which I have done, and his master only waits the trial to be over, to take him into his service. The countryman being at a loss to know the place where this transaction was committed, the shoemakers went with him, and he found the house, within the Bell Savage gateway, as he has mentioned. If that evidence will be of any use, they are both here.

William Pain . Mr. Aldridge being an acquaintance of mine, I having brought one of this man's gambling fellow's acquaintance to justice here, he told me this affair, to see if I could get his watch again, by finding the man that ran away with it. When I was had to the prisoner, I knew him as soon as I saw him; and when I spoke to him about it, he said he had the watch in his hand, but the other man snatched it out of his hand and ran away with it: but he would not give me any account of the other man.

Prisoner's Defence.

I saw this man reading some stationers books, and I was doing the same: I told him I had the misfortune to lose a horse of my father's: I gave him the marks of the horse, and went into this house for a pint of purl to drink; after that we had another: then a little man came in, that called himself captain; he asked me whether I would go to sea; I told him I had other business; then he asked my prosecutor, whether he would go to sea, and said you d - d dog, why do not you go to sea, it is better than staying here to drink butter-milk. Then he asked me if I would game; he said he would lay a halfpenny under a hat, and guess three times out of four, which the countryman could not. He asked me to do it for six-pence, which I did and won: he then asked me to do it again, which I did, and won another six-pence. I gave him his shilling again, that he might have done; then he feigned himself ill, and went out and brought in a glass of brandy in his hand. The countryman shewed me his watch, and said, if I could get him 7 l. for it, I should have two of it. I said, I would not do any such thing. I was a stranger in town and did not know what company I was in.

Pain. Such a stranger as he is, I have known him about the town above two years.

Prisoner. After this the countryman said, I wish you would get him to go seven guineas against my watch. I had got two guineas; I went to shew them, and he strove to snatch them away from me. Afterwards, I consented to lend him two guineas, which, with a sixpence, was all I had. Then he took the halfpenny twice, and asked me to put it under. He saw it was lost. I would not give him the watch, but he insisted upon it. I went to the landlady to pay; she said the other man was jumped out at the window: then I said I would go to Justice Fielding. I asked a boy the way; he said he would go with me, and he went to the Mansion-House. Going along he resented it: I struck him twice with my stick and ran, backwards, and he after me: he threw me down, and put his knee upon my breast, and I have spit blood ever since. He and I went in as friends. I was to give him some account of the marks of the horse.

To his Character.

Robert Bennet . I live with George Jennings , Esq; I have known the prisoner from an infant. He came from Stortford, in Cheshire.

Q. Have you lately been acquainted with him?

Bennet. It is pretty near four years ago since I left the country. I did not know he was in London till about three days ago. He bore a very good character. I had a brother served seven years with his father.

Edward Hoole . I live at Stortford, in Cheshire. I came to town to go to the East-Indies. I know the prosecutor's friends; they are honest, reputable people, and he is a young man, that bore a good character all the time that I knew him.

Q. Have you known him lately?

Hoole. It is upwards of a year since I saw him in the country.

Q. Do you know how long he has been in town?

Hoole, No.

James. Ashley. I came from Stortford, where his friends live.

Q. Have you known him lately?

Ashley. I knew nothing of him for these three last years.

Guilty . T .

130 (M.) Alexander Ross was indicted for stealing a linen handkerchief, value 10 d. the property of Alexander Jacob , December 17 . ++

Alexander Jacob . On the 17th of last month, a little after six in the evening, returning from Holborn-Hill, just as I turned down Brook-Street , Moses Pearson followed me; he called to me, and said, Sir, you have had your pocket picked. (Pointing to my right-hand pocket, saying, it was a white handkerchief.) I felt and missed mine, such a one, immediately. He said he saw a boy pick my pocket just as I turned into Brook-Street: he said he would shew me the boy that took it. I turned into Holborn, the boy not being there, he supposed he would return to the place where he saw him first, which was just by Field-Lane: I went there with him, but there was no boy. We looked up a little alley close by Field-Lane, there I saw a parcel of boys, and two or three dirty girls. Pearson said, Here is one of them. I took hold of him: then he said, Here is she other; he was at some distance, so he escaped. It was the prisoner I had hold of. I brought him out from his company: I observed that a couple of the girls, and a large boy, followed us at a distance; the girls soon left us, but the boy still followed, which made me imagine there was a gang of them.

Q. When had you felt your handkerchief lost?

Jacob. I know I had it within ten minutes of the time.

Moses Pearson . I was going up Holborn, and saw the boy at the bar following Mr. Jacob. Just before he came to Brook-Street, the prisoner took a whitish coloured handkerchief out of Mr. Jacob's right-hand pocket; I turned after him, and told him of it: he put his hand into that pocket and said he had lost such a one: we went to see for him, and catched him in an alley talking to two women of the town. There was another with him at the time he picked the gentleman's pocket; he was with him when we took this, but he ran away.

Q. to Prosecutor. Did you ever get your handkerchief again?

Jacob. No; I never did.

Q. What was the colour of your handkerchief?

Jacob. It was a white one, with a a red border.

Q. to Pearson. Are you sure the prisoner is the boy that took a handkerchief out of Mr. Jacob's pocket?

Pearson. I am sure he was the person.

Q. Had you ever seen the prisoner before?

Pearson. No.

Prisoner's Defence.

I never saw the handkerchief. I work with a paper-stainer on Ludgate-Hill.

Guilty . T .

131. (L.) Walter Webb was indicted for stealing a silk handkerchief, value 6 d. and a linen handkerchief, value 4 d. the property of John Watkinson , Dec. 12 . ++

John Watkinson . I was in Guildhall the 12th of Dec. about eleven o'clock, when a gentleman came and tapped me on the back, and asked me if I had not lost a handkerchief. I felt, and found I had. I know I had it about five minutes before. I missed too a silk one, and a blue and white linen one.

William Pain . On the 12th of Dec. at about half an hour past eleven o'clock, I seeing the lad at the bar going from place to place, I watched him. I saw him go up to the prosecutor, and saw his hand in the prosecutor's pocket; and after that I saw him stoop down as if putting something in his breeches. Then he shifted from the prosecutor. As soon as he was gone about a yard, I asked the prosecutor if he had not lost his handkerchief; he felt in his pocket and said he had lost one: then he felt again, and said he had lost two. I said, Come with me, and I will shew you the person that took them. I took him to the prisoner, and in his breeches I found the silk one, and in his pocket the linen one. (Produced in court and deposed to.)

Prisoner's Defence.

I seeing the handkerchiefs lying behind the gentleman, I picked them up, and put them in my breeches. I am an apprentice to a barber .

To his Character.

William Robertson . The prisoner is my apprentice, he has served four years next month. He is a very honest lad as far as I know.

Q. Was he out that night?

Robertson. He was; that was the only night he was out: he was taken and committed to the Compter.

Q. Where do you live?

Robertson. I am a barber and live in Aldermanbury. If he was clear, I would take him again.

John Mead . I have known the boy about three or four years. I live in the neighbourhood. He has behaved in a just upright manner; he has been trusted in many gentlemen's houses. It was pure humanity that brought me here to say so much.

John Buckston . I have known him three or four years. I always took him to be a very honest lad.

Jacob Moreton . I have known him almost four years. I always took him to be a very honest lad.

Nicholas Humphrys . I have known him near four years. I never knew any harm of him, nor never suspected him.

Acquitted .

132. (L.) William Clark was indicted for stealing a cloth coat, value 1 s. a cloth waistcoat, value 6 d. a pair of leather breeches, value 6 d. and a pair of worsted stockings, value 4 d. the property of James Reynolds , Jan. 8 . ++

James Reynolds . I am a servant at the King's Arms without Bishopsgate . I believe I have seen the prisoner in our house before, but will not be certain. Yesterday se'nnight I left my clothes (mentioning the things in the indictment) in my chamber in the morning; the next of my seeing them again was in the taproom, after the prisoner was taken. The same day, I heard my master call to a person: I did not take much notice, thinking there was some quarrel, so I did not go immediately.

Edward Tomsinson . The prosecutor is my servant. Last Saturday se'nnight, about a quarter before eight in the morning, the prisoner came into my house and had a pennyworth of purl; he staid about half an hour in the taproom, then made believe he went out at the door. I thought he had been gone, as he paid me for the purl. About half an hour after I went to call my wife up, and there saw the prisoner upon the stairs, with my boy the prosecutor's clothes in his lap. He had but three stairs to come down to go out, when I stopt him. There happened to be two people that used my house; I called them, and we secured him. He then dropt the things. (Produced in court, and deposed to by the prosecutor.)

Prisoner's Defence.

I went into the gentleman's house for a pennyworth of purl; I was pretty much in liquor; and went into a room and nodded a little; which way I came to take these things, I know not. I have had a bad hand, and have not been able to work for a month.

Guilty . T .

133. (L.) James Bradley was indicted for stealing a wicker basket, value 6 d. a linen cloth, value 6 d. and thirty pounds weight of butter, value 15 s. the property of John Redshaw , Dec. 19 . ++

Robert Ambridge . I received a wicker basket of butter in Warwick-Lane, the property of Mr. Redshaw; a shopkeeper at Hampstead, on the 19th of Dec. the clock had just gone six in the morning, when I had got it into my cart; it is what is called a flat of butter. As I was coming along the lane from the waggon with it riding upon the shafts of my cart, I saw him come to the tail of the cart and take the flat of butter out. I jumped down, and laid hold of him as he was going away with it, and he dropt it down. I asked him why he took that flat. I do not know what answer he made. My father was lighting me with a lanthorn, we secured the prisoner, and brought him into Newgate-Street, and gave a watchman charge of him; my father assisted in taking him to the watch-house. After that the constable let him go, but he was taken again near Hicks's Hall; we took him to Justice Girdler, who committed him. I got the slat of butter again in my cart, and delivered it to the owner at Hampstead the same morning.

Richard Ambridge . I was lighting my son along with his cart and horses, I was by the forehorse's head. I heard my son cry Wo to the horses; the next word was, Stop him! I ran back and came to the slat of butter in a minute; my son having hold of him three or four yards from it. I carried him to the Magpye in Newgate-Street, and called a watch and bid him go and look at the number of the cart, that he might be satisfied who we were, expecting we should be examined thereupon. When we gave the constable charge of the prisoner, we took him up to the upper end of Newgate-Street; the constable scrupled knowing me: I said, Ask your servant the watchman who I am; he knows by the number of the cart. The constable let the prisoner go, because my son did not return soon from Hampstead, but I found the prisoner again the next day.

Prisoner's Defence.

That morning I was going to work as usual in Newgate-Market, and passing down Warwick-Lane , the man catched fast hold of me, and charged me with stealing his butter. That lay in the street; I never had seen it.

For the Prisoner.

Michael Bradley . I am brother to the prisoner: he gets his living in the way of selling of eggs or meat in the higgling way . I never heard any misbehaviour of him in my life before.

Guilty . T .

134. (M.) John Allen was indicted for falsely forging and counterfeiting, and willingly acting and assisting in the same, a false and forged note , called a promissory note, to this purport.

"London, 10th of Oct. 1768. Four months

"after date, I promise to pay to Isaac Levi ,

"or order, 50 l. for value received. Thomas

"Little, in Oxford Chapel-Court, Cavendish-Square." And for uttering the same, with intent to defraud the said Thomas Little . well knowing the same to be forged, Dec. 7 . ++

Thomas Little . I am a carpenter , and live in Oxford Chapel-Court. On the 6th of December last, the prisoner came to me, and asked me if I had not given a note, payable to Isaac Levi , or order. I said I had, and that I was defrauded out of it, and till it became due: I should not pay it. I said I was very busy then, but would meet him any where the next day. We appointed to meet at the Valiant Trooper in Oxford-Road. The next morning I went, and acquainted Mr. Hall with it, and told him I had one of my notes come back again that I had been defrauded out of, and begged he would go along with me to meet this person. We went and met the prisoner, and after having pleaded poverty, telling him I had been defrauded out of it, he desired us to go out and consult between ourselves what I would give him: we went out, and agreed for me to give him five guineas.

Q. How did he say he came by it?

Little. He said he had given the full value for it, we told him, when we returned to him, I would give him five pounds; he said that it was but little more than two shillings in the pound. The note was dated the 10th of October, 1768, for 50 l. Some more words past between us: he said he was going out of town, and that that note kept him in town longer than he should have done, and said, I must make it up seven guineas against Friday night. Some time after he consented to take five guineas.

Q. Was that at the same meeting?

Little. It was. This was on the 7th of December. I produced five guineas on the table, he was very unwilling to produce the note, but at last he did produce it to Mr. Hall. Mr. Hall looked at it, and asked him how he came by it, saying it was not indorsed. He desired me to look at it, and see if it was my hand writing, I said it was not, it was forged; I took my money up, and Mr. Hall took up the note and put it in his pocket-book. Some little time after he made a pretence to go out to make water; Mr. Hall went out after him, but I saw no more of him till Mr. Hall brought him in again, and said the prisoner had run away, and he had brought him back; after that, Mr. Hall desired me to go out of the room, that they might settle between themselves; after that I came in again; then Mr. Hall asked me if the prisoner should go about his business; I said no, he should go before a magistrate. We took him before Major Spinnage .

Q. How was you defrauded out of the note?

Little. I was defrauded out of two 50 l. notes by a Jew. I had occasion for money, and I gave a Jew two 50 l. notes, and he was to bring me the money the next morning, but he kept the notes, and never brought the money. One was dated the 10th of October, four months after date, the same as this, and the other six months after date. That Jew is now in the King's Bench Prison. The prisoner told me one of the notes was paid away, and the other might be recovered, he believed.

Q. Had you any security for these notes you delivered to the Jew?

Little. That Jew gave me a counter note, that is, his own note for an hundred pounds. I have his note now.

Q. Did you know the prisoner before he came with this note?

Little. No, I did not. I never saw him with my eyes to my knowledge.

John Hall. I am a carpenter. On the 7th of December Mr. Little came to my house, and told me a gentleman had come to his house with one of his 50 l. notes that he had been defranded of, and that he was to meet him the next day at the Valiant Trooper in Oxford-Road, and he desired me to go along with him; which I did. When we came there, Mr. Little went in some time before me, may be two seconds; I followed after and saw him and the prisoner in a private room together, the prisoner had got a pint of beer; the prisoner looked at me. Mr. Little said, This is one of my friends, it is no secret, he knows I have been defrauded out of these notes. They began talking about the notes. Mr. Little asked him whether he had given credit for the note or not; the prisoner said he had not, but that Levi had goods of him for it; and he said he wondered that Mr. Little was so simple as to give the note to the Jew, and bid him be careful always to look upon a Jew as a thief: he farther said, Levi told him it was as good as a Bank note. I spoke to the prisoner, and told him Mr. Little was a poor man, and not able to pay the notes when they became due, nor neither would he. The prisoner said, that when they became due, Mr. Little must be arrested for them, and he must bail it, and it would cost him 4 or 5 and 20 l. to defend it, and then he was to throw it into Chancery, before he could recover the note, and told us of a man that was defrauded out of some notes as Mr. Little was, one Mr. Taylor in Bond-Street, by a Jew, and he was advised to take half the value of the note. He told Mr. Little he did not chose to hurt him, that it was better for him to lose part of it, than all, and desired him to go out with me and consult both together what he could afford to give. Mr. Little and I went out together into the tap-room. I told Mr. Little to offer him five guineas. Mr. Little said, he could not for shame offer him so little as five guineas. I said you may offer it, you may advance, if that will not do. We went in, he offered the prisoner five guineas. The prisoner said he could not take that, that was little more than two shillings in the pound; then there was a good deal more talk about it. The prisoner desired Mr. Little never to trust a Jew any more. Then he said Mr. Little must give him seven guineas. Mr. Little said if he could stay till Monday or Tuesday he should have seven guineas, but he had not so much then by him. I sent to a friend of Mr. Little's to borrow six guineas, That friend came into the room and sent him the money; and the prisoner agreed to take five guineas, saying, he had better take that, than go to law; and said the Jew was in the King's Bench. The five guineas were laid down upon the table; the prisoner had a pocket-book in his hand, out of which he took the note, and gave it to me, and laid his hand upon the five guineas. This is the note, (produced in court.) I took it up, and said this note is not indorsed; how came you by this note not indorsed? Said he, I would not give a halfpenny for an indorsement of a Jew, I would not give a farthing for that: he desired us alway to look forwards, and not backwards. I said to Mr. Little, Take care that it is your own note. He said, it was not his note. I said, Mr. Little before you judge too rash, what kind of paper did you write your notes on? He said he bought a half-pennyworth sheet of writing paper, and wrote two 50 l. notes; and the 100 l. note likewise was wrote on the same sheet of paper. I said this is a forged note, this was torn out of a memorandum-book, for here are the ilot-holes where it had been stich'd through. The prisoner looking at me, said, A forged note! If the rogue has paid me a forged note, I'll prosecute him, let it cost me what it will. I will go immediately to the King's Bench and have him taken up. I said to the prisoner, I took you to be a gentleman, and a very humane man, but I am afraid you are a villain. I put the note in my pocket-book, and Mr. Little took up the five guineas. Mr. Little said he should go before a magistrate. Then the prisoner put his hand to the waistband of his breeches, and turned as if going to the door to make water. I followed him to the door. As soon as he got to the door, he pulled his clothes on one side and set a running. I followed him a good many yards, perhaps two or three hundred yards: at last he turned up Chapel-court, where Mr. Little lives, and ran up into a corner, and offered to dodge me. I catched hold of him, when he was all of a tremble, and begged I would let him go home, and he would tell me how he came by the note. I told him he should not go home; that I should take him to the house where he came from; and then he might tell Mr. Little how he came by it. Going along, he told me he found it just at the bottom of Ludgate-hill, by the Fleet-market, in a memorandum-book. I said, Then why did you not tell us so when you came? He said, Necessity obliged him to do as he had, he wanted a few guineas to carry him abroad. I took him into the house again; and desired Mr. Little to go into the tap-room, and I would speak to the prisoner. Then I said, he had better confess, if he had any concern with the Jew, as it would be better for him. He said, he did not know Levi the Jew; and that he actually found the note wrote in a memorandum-book, and begged I would let him go. I said, it was not in my power; I would ask Mr. Little, if he would let him go, on condition he would assist him in getting him his notes. He clapt his hand to his heart, and said, As he hoped to be saved; he would come the next day. He gave me direction where to find him; which was, to enquire for Mr. Williams, Linen-draper, in Ratcliffe-high-way. I called Mr. Little in, and asked him if he would let him go; he said he would not. We took him then before Major Spinnage . When we came there, he would not tell his name, but denied that to be his name which he had wrote on the paper. When Mr. Little came to me, he told me, a gentleman that came fifteen miles out of London, had brought one of his-notes.

Cross Examination.

Q. Are you sure the prisoner said he received them of Levi a Jew?

Hall. He did tell me so; and when Mr. Little looked at it, he said it was not his hand writing.

Q. After you brought him back how long were you before you took him to Major Spinnage ?

Hall. About a quarter of an hour.

Q. Had you any consultation about it with Major Spinnage , or any body else?

Hall. No.

Q. What day did he say he found it?

Hall. That I cannot tell. He said he found it at the bottom of Ludgate-hill. He said, My dear soul, let me go home, and I will tell you how I came by it.

Q. What are you, a master or journeyman?

Hall. I am a master carpenter.

Q. Is Mr. Little apt to deal in these sort of Papers?

Hall. I have known him but a little time.

(The note in question produced.)

John Hillam . I know Mr. Little's hand writing. I have seen a great many bills of his. (He takes the note in his hand.) I believe this is not his hand writing.

Q. What are you?

John Hillam . I am a victualler. I swear positively it is not his hand writing. I am quite clear. I have seen him write many times; he signs only T. and this is not so close as he writes.

The note read.

London, 10 Oct. 1768.

Four-months after date, I promise to pay to Isaac Levi , or order, fifty pounds, value received. Per Thomas Little , in Oxford-Chapel-Court, Cavendish-Square.

50.

Prisoner's Defence.

On December the 17th, coming down Ludgate-hill, at the corner of the Fleet-Market, I found a penny memorandum-book. It was doubled, and almost to pieces. I took it up in my hand, and went as far as Mr. Garaway's, a friend of mine that keeps a seed-shop in Fleet-street, with the book in my hand. I said to Mrs. Garaway, Madam, I have picked up a memorandum-book; what is in it I can't tell; I have just opened it; whether they are Bank notes, or what. There is something in it. I presented it to her, after I had read this note. She took the book and opened it, and looked at it and read-it, and gave it me again. After that Mr. Garaway came in; he likewise saw the book and read the note: after that I put it in my pocket, and finding at the bottom it was directed to Thomas Little , Oxford-Chapel-Court, Cavendish-Square, I thought I would go and ask him if he had real value for that note. It was made payable to Isaac Levi , whom I never saw, I looked upon it that it was the property of Isaac Levi , and not Mr. Little; therefore I thought in justice it should be returned to Thomas Little again, if he had not received value for it, and leaving it to his generosity to give me what he pleased: I went to Mr.. Little on the 12th of December, and knocking at the door, he came himself. I asked him his name, and if he had not given a note of hand to Isaac Levi , a Jew, for 50 l. value, payable at four months? He said, I have. I said, Sir, have you had value for it? He said he had not; he told me he had given two notes, and had had no value for them, and that he would not pay them when they became due. I said, You need not make yourself uneasy about it. He said he was then busy in christening a child, and desired me to call in the evening; and accordingly I went. I paused in my own mind, that as he had not received value for it, I would return the note; leaving it to him to give me what he pleased. When I came, some conversation arose: he said he should not pay it, for he had not had value. I believe I did say, That might not make any essential difference, for whoever has given value for it, will demand the money of you. He said he should not pay. I said, very well. Upon this I did imagine there would be nothing more said. He said, Sir, you don't seem willing to part with it; what will you have for it? I said, How could he think I should take any thing for a note not indorsed? I said, I do not ask a farthing, I leave it to you. He said, I should be willing to give you something for it. Upon which he said, what will you have? I said, I shall leave it to you. Then they both whispered. I said, Do not whisper, as though you was afraid of saying something before me; you are at liberty to go out and agree between yourselves, and that shall be the thing. They went out, and came in again. Then Mr. Hall agreed that Mr. Little should give me five guineas, believing it to be Mr. Little's own note. I believe I might say that was very little for a fifty pounds note. I said I shall leave it to you entirely. I never insisted on any more than what they proposed to give me. Upon which they proposed then five guines afterwards. They came to a determination to raise the five guineas, and five guineas were laid down upon the table. Then they asked me, If I had the note? I took it out of my pocket-book. Mr. Little said, If it is my note, it is wrote Thomas. I then replyed, Mr. Little, it is, and I believe it is your's. He said, it is dated October 10th, believing it to be his own note. I laid it down on the table and put my hand upon one of the guineas. Said Mr. Hall to Mr. Little, Are you sure this is your own hand writing? Mr. Little then said, his note was wrote upon a longer piece of paper. I then declared that I found it afterwards. They began to use me very roughly. My spirit was up, and instead of owning my name, when they said it was a forged note, I was under a consternation about its falling into my hands, and wrote Williams on that paper. The dispute rose pretty high, and they called names: I resented it, and upon that consideration I did not tell them where I lived; neither did I tell them my name that night. If I said any thing about seven guineas, it was leaving it to his generosity to give me what he pleased. I found words arose so high, that I expected they would terminate in blows; and so when I was out of the house I walked off. I am a dissenting minister, and my employ that of a school-master, and live in Virginia-Street.

For the Prisoner.

Mary Garaway . My husband keeps a seed shop in Fleet-Street, I remember Mr. Allen coming to our house one day, and said he had found a book: this was between one and two o'clock. He produced it: it was like a memorandum-book. There was a note in the book. He said he had just found it, and just by our house.

Q. Did you know him before?

Garaway. I have but a very short acquaintance with him.

Q. Whereabouts is your house in Fleet-Street.

Garaway. It is about the middle, between St. Dunstan's church and the Fleet-market.

Q. Did you read the note?

Garaway. There were three memorandums in the book. I read one note; Abraham Jacobs I think was one of the names.

Q. Should you know it again?

Garaway. I believe I should. (She takes the note into her hand.) This is something like it.

Q. When did he bring that book to your house?

Garaway. It was about a week before he was taken up.

Mr. Garaway. Some time in the beginning of Dec. (but the day I do not know) the prisoner came into my house and said he had picked up a pocket-book, and said there was a note of 50 l. in it, and shewed it to me. I said, if it was of any concern, it would be advertised in a few days, and if not, he had better advertise it. I looked at it: I remember it was signed by one Thomas Little for 50 l. (He takes the note in his hand.) I do not think this is the note. I think that note was wrote in a worse hand a great deal, and on a larger piece of paper.

Q. What sort of a memorandum-book was it?

Garaway. It had a marble cover. It was rather thiner than a common memorandum-book, but of the same kind. The note was wrote on one of the leaves, not separated, to the best of my knowledge.

John Kimpston . My acquaintance with Mr. Allen is but small: I have known him about a year. I know but very little of his character; all I know is, this is not his hand-writing.

Peter Ashmore . I am not come to his character. I heard Mr. Hall say, he believed the note was not Mr. Allen's hand-writing.

Richard Davis . I come only in respect to Mr. Allen's hand-writing. This is not his handwriting.

Q. What is his general character?

Davis. I have known him some years. I never heard him to be guilty of such an action.

Q. Is his character a good one?

Davis. So far it is.

Q. Do you know any thing against him?

Davis. No, never.

Thomas Lee . I have known him about four years: he was a preacher in Petticoat-Lane once. I know nothing of his character. I heard Mr. Little say, he believed the note was not the prisoner's hand-writing.

Richard White . I have known the prisoner between four and five years.

Q. What is his general character?

White. To me his character is as good as any man's in England, and I would have trusted him with any thing that fell in my way.

Acquitted .

135. (M.) Esther Asley , spinster , was indicted for stealing four aprons, value 4 s. three table cloths, value 5 s. two towels, value 12 d. a silk quilted petticoat, value 2 s. a silk capuchine, value 12 d. a pair of thread stockings, value 2 d. two pair of worsted stockings, a child's dimity mantle, three linen shifts, a linen handkerchief, nine yards of linen cloth, a pair of women's leather shoes, two yards of muslin for neckcloths, a pair of women's leather gloves, and a gold mourning ring , the property of Alice Shandrick , widow , Jan. 5 . ++

Alice Shandrick . I have part of a house in Low Layton . The prisoner lay three nights with me. I mist her and the things laid in the indictment (mentioning them) on the 5th of this instant. I found them again when the prisoner was taken. The other witness can give a better account.

Christian Lott . On the 5th of November I was told the prosecutrix had been robbed by the prisoner, who lay with her. I set off after her; and the next day I was informed she was at a chandler's shop, up one pair of stairs, at the corner of Compton-street, Hog-Lane. I went with the constable there, and found her and the things. She delivered them to me. We took her to Clerkenwell-Bridewell. She confessed she took them from the prosecutrix. (Produced and deposed to.)

William Nicholls , the constable, confirmed the foregoing account.

The prisoner said nothing in her defence.

Guilty . T .

136. (M.) Mary Herring , spinster , was indicted for stealing a woollen cardinal, value 5 s. a pair of women's stuff shoes, value 18 d. a handkerchief, value 6 d. a linen sheet, value 5 s. a linen gown, value 3 s. a linen apron, two yards of cloth, and a yard and a half of ribbon , the property of Robert Moon , Dec. 8 . ++

Elizabeth Moon . I am wife of Robert Moon . We did live in Denmark Court, in the Strand . I went out the day of Brentford election, and left my child in the care of the evidence here. When I came home I missed the things laid in the indictment. The prisoner's father and mother and I suspecting the girl at the bar, I went to the Justice, and took her up with my stockings and shoes on her legs and feet. The handkerchief she had on I know was not her own; I believe it to be mine, but do not swear to it. We found the prisoner's own shoes in the cellar. I could not find her till the Friday was a week after.

Ann Mathewson . I had the care of the prosecutrix's child when she was out. I saw the prisoner sitting on the stair-case that day. Some time of the day these things were missing, and she also. We did not find her till above a week after. She used to lay in the cellar, where her shoes were found.

Prisoner's Defence.

The woman used to lend me things to go out in, and I used to give her money when I came home. She cried always when I came home, How much money have you got? I leave it to the mercy of the court.

Guilty . T .

137. (M.) Charles Mackdaniel was indicted for stealing a feather-bed, value 10 s. a pewter dish, value 2 s. a brass candlestick, value 4 d. and a brass pepper box, value 2 d. the property of John Whitmore , the same being in a certain lodging room lett by contract , Jan. 6 . ++

John Whitmore . I live in Hog-Lane, St. Ann's . I let the prisoner a lodging better than four months ago; he staid in it till the 6th of January; then I found the goods gone. He never absconded. He owed me twenty-four shillings for rent, and promised me to bring two shillings at this and the other time. I went up to clap a padlock on the door, and mist the goods mentioned; then I got a warrant from Justice Welch, and secured him at the Black Dog in St. Giles's. I then took him to the Round-house; he lay there four or five hours; then I went and asked him what he had done with the bed: he told me he sold it at the corner of Sweep Chimney Alley, in great Earl-Street, to one Mr. More, for fourteen shillings.

Christopher More . I bought a bed of the prisoner, on the 6th of January, for fourteen shillings, about ten o'clock, and sold it that very day.

Q. Did you know the prisoner before?

More. No, I never saw him before. He had the bed in Newtoner's Lane, fixed on a bedstead, as if it was his apartment. There I bought it. I desired the prosecutor to take the man up that belonged to the apartment, but he would not.

Prisoner's Defence.

That morning I happened to go to see for work. I met with some acquaintance, who gave me some gin and purl; it got into my head, and I suppose I consented to it. I did sell the bed to that man, for want of money. What I sold it for I do not know.

Q. to More. Was the prisoner drunk or sober?

More. He was quite sober.

Guilty . T .

138. (M.) Hooper Bennit was indicted for stealing a book, intitled The History of the University of Cambridge, from its original, to the year 1753; another book, intitled, The Compleat English Scholar, in three parts; another book, intitled, Miscellanies, in Prose and Verse; another book, intitled, Law is a bottomless Pit, or the History of John Bull ; another book, intitled, The History of the families of the Irish Nobility; another book, intitled, A short View of the Families of the present English Nobility; another book in four volumes, intitled, Belles Lettres , the property of John Wade , December 28 . ++

John Wade . I am a bookseller . I live near Gray's-Inn, in Holborn . About the 21st of December I missed two books. I bid my wife look after them; this was on a Wednesday; and on the Tuesday following I missed two other books; one was The complete English Scholar, and the other The History of Cambridge. The next morning, between six and seven, the prisoner was taken, and about an hour after my lad told me of it. I got a constable, and gave charge of the prisoner.

Q. Did you know the prisoner before?

Wade. He used to come to shave people in my house: he is an apprentice to a barber .

John Egerton . I am servant to the prosecutor. About eight in the morning, the 28th of December, the prisoner came into our shop, and asked me the price of a book; I told him; he put it in its place again. He said it was for a gentleman, and not for himself, and he would inform him the price. He went and looked along the books in the shop, and then went to the door at the end of the passage, and I perceived him to open the door. He bid me good-by, and said he would tell the gentleman the price. I watched him, and saw him come back and go into the entry. I listened, and heard him drop a book in the entry. He could get at the books there, as he had opened a door that opens to the entry, without my seeing him; the door being on the inside. After that I saw him go off, with the books under his coat. I followed him about twenty yards, and locked under his coat, and there found five books. (Produced in court: Belles Lettres, in four volumes; A short View of the Families of the Irish Nobility; A short View of the Families of the present English Nobility; and Miscellanies, in Prose and Verse, in two volumes.) I knew him very well. I took these books from him, and let him go; and when my master came in, I told him of it. He got a warrant from Justice Girdler, and took the prisoner up; and before the Justice he confessed he had taken them; and I found Buchannan's history of Cambridge, which he had taken.

Ann Brice . I bought the first volume of Rollin's history, and my husband another, of the boy at the bar.

Prisoner's Defence.

I took these books for my own reading. A man gave me six-pence for two, and said if I would bring the other volume, he would give me at the rate of two shillings, or half a crown, for each.

Guilty . T .

139. (M.) Catherine Clark , spinster , was indicted for stealing three guineas, and one half guinea , the property of James Morgan , January 10 . ++

James Morgan . I am a serjeant in the Westminster militia . About the 10th of this instant, in the morning, I had a little business to do in Darkhouse-Lane. I went down there at about twelve o'clock at night. After I had settled my business, I came away. I saw the prisoner making a great riot at the corner of the lane, with a parcel of watchmen. There was a man in a sailor's dress, whom the watchmen kept in their custody, and bid the prisoner go along. She went over the way: I went to her, and asked her, what was the matter: she said the sailor had followed her some time, with intention to force her against her will, and said, if she could not get away from him, she would drown herself. I asked her where she lived; she said in Shoreditch. The man came, and seized her again; and swore he would take her away; this was at the top of Thames Street. I said to the prisoner, Come along with me, you shall be safe with me. I gave a watchman a shilling to see her safe out of the man's way. She said, I will not go without you. I went with her as far as Cornhill; then she said, I would go with her to a friend's house, I might have a bed, and she should be out of the man's way. We got in a coach, and she directed the coachman to Prince's-Street by Lincoln's-Inn Fields, to the Golden Key . When we got there, she got out and knocked at the door, and said the young man has been very good to me to night, let him lie here. She bid me give the coachman a shilling, saying, Take care you do not give him gold. I said, How do you know I have gold? I dare say you have, replied she. We went in. After a while she said, here is four shillings to pay for a bed, if you stay here. I thought I had better pay that, than go out into the street at that time of the night. I changed half a guinea and paid it. We were lighted up stairs. Then said she, What will you drink. I said I did not care for any thing. Said she, I'll have a bowl of negus, that is the best liquor in the world. I observed the girl that belonged to the house and she whisper at the room door. I insisted on knowing of the girl what the prisoner said to her. Then the girl said. The prisoner wants to borrow a smock of me, she has never a one on. I asked her if she would lend her one; she said, no: but she told her she would lend her an old bed-gown. I found I could not lock the door on the inside: then I desired the girl to walk out and lock it, and put the key in under the door. She did so. When I had the key, I counted my money, which was three guineas and a half, and a five-and-three-pence in gold, which I put in my waistcoat pocket. I had some silver: I cannot tell how much. Said I, You did not bring me here with the intention to lie with me. As you have been so good as you have been, replied she, I can do no less. We lay together till morning. About eight, she wanted me to have coffee for breakfast. I replied, My pocket did not stand coffee fashion. Then, said she, Will you let me get up first? I said, Yes. She dressed herself. I then put my hand in my pocket, and had only my five-and-three-pence left. Then I got to the door and said, You dirty carrion, You have brought me here for something; you have robbed me of three guineas and a half. She said, If I touched her, she would swear a rape against me. Then came up a man that acted as a waiter: I told him of it. He said, You shall lose nothing here. She said she would not be searched by men, she would strip before the maid. I replied, If you are not ashamed to lie with a man naked, you need not be ashamed to be searched by men. Then the man said, Let the women be together. They went behind the curtain; after which she was willing to be searched. Then I said, I was afraid the other girl had my money: so between the man, maid, and prisoner, I lost my money. I leave it to the gentlemen which way I lost it. I found the door locked, and I had the key when I got up, and missed my money before the prisoner went out of the room.

Prisoner's Defence.

I had been merry-making in the Borough and saw this man and two women just at the end of the bridge. I had a red cardinal on: he came and pulled me by my cardinal, and said, My dear, how far are you going? I said, It is no matter to you: I am going to my mother's as far as the turnpike in Shoreditch. Said he, Will you accept of a coach? I said, I do not care. I was much disguised in liquor. He called a coach, and spoke to the man to drive to Lincoln's-Inn-Fields: there he called for two bowls of negus. I never saw none of his money, nor the maid neither.

For the Prisoner.

Richard Welch . I deal in old clothes, and live in the Maze, in the Borough. I have known the prisoner about five years. She gets her living by selling fruit. She was at my house yesterday was a week, and went away about ten or eleven at night.

John Wood . I live in the Fleet-market. I have known her seven years. She is a very hard-working, industrious woman.

William Waterlow . I live in Old Nicholas-Street, Bridewell Green: her mother lodges in my house, and she works with her mother in my house in winding mohair . She behaved well in my house.

Guilty . T .

140. (M.) Daniel Pugh was indicted for that he, on the King's highway, on Timothy Ling , did make an assault, putting him in corporal fear and danger of his life, and taking from his person a cloth coat, value 5 s. a striped linen waistcoat, value 1 s. and a flannel waistcoat, value 6 d. the property of the said Timothy , Nov. 20 .

The prosecutor was called, but did not appear. Acquitted .

His recognizance was ordered to be estreated.

141. (L.) William Noah was indicted for forging and uttering three lottery tickets, with intent to defraud .

It appeared there was the figure 7 erased, and on 8 in its place, to make the dates 1768, instead of 1767. The body of the tickets remained not altered.

Acquitted .

142. (M.) Jasper Webb and Edward Williams were indicted for that they, on the king's highway, on Thomas Bavin did make an assault, putting him in corporal fear and danger of his life, and taking from his person three shillings in money numbered, a blue surtout coat, value 11 s. a pair of leather gloves, value 1 d. and one hanger, value 2 s. his property, and against his will , December 11 . ||

Thomas Bavin . On Sunday evening, the 11th of December, I was coming from London, and was overtaken by the prisoner Williams, and, I believe, Webb, as I was going towards Brumpton , between the Bell and the village of Brumpton. Williams asked me how far I was going.

Q. Did you know him before?

Bavin. No, I did not. I took particular notice of his face. I told him, I wa s going about half a mile farther; he asked me what I had at the end of my stick. It was light enough to discern his face.

Q. What time was this?

Bavin. This was about half an hour past nine o'clock at night. I had a hanger in my hand. I told him I had no stick. Immediately he catched me by my throat, and demanded my money. His words were, Give us your money; at the same time the other presented a pistol to my breast, and said, Or your life. I think there were three of them. I told them I had but a few halfpence, and gave them to Williams. Then Williams searched my pocket, and took out three or four shillings; he then snatched the hanger out of my left-hand, and gave it to the other. Then he asked me if that was all; I said it was. He then said, give me your togue; I think that was the word; meaning my great coat (as I thought by his taking hold of it by the sleeve); he pulled it off, and then wished me a good night. There were a pair of black gloves in my pocket. They went off towards London. The next morning I went to Sir John Fielding 's, and gave him information of this; after which he sent for me three or four times; but I never found the right, till I was sent for on the Monday in the Christmas week. Then I was ordered to Major Spinnage 's, on the Tuesday, by twelve o'clock. I was there by the time; there I saw the prisoner Williams, and was certain he was the man that robbed me. On the Saturday following I was sent for there again, and then I saw my black gloves. I saw Webb the first time when I saw Williams, I believed him to be the other, but was not positive. There was one Pugh there, but I did not know him. I made oath to Williams, as one of the men. I knew the gloves to be mine, when I saw them. Williams said, he did not know that ever he saw me, and if he had robbed me, he was in liquor.

John Cooper . The two prisoners stopped me the day after the last election at Brentford, in the morning; they both of them followed me about half a mile. I saw a hanger under Webb's coat, when he stopped me, and the next day we found this hanger in a hay-rick, which was on the Friday; this was in December last. The hay-rick belongs to Mr. Porter in Kensington, about four or five hundred yards from Kensington. I saw it in his custody on the Friday morning, about half an hour past one. I had a candle and lanthorn in my hand. (A hanger produced in court.)

Q. Are you sure this is the same?

Cooper. I cannot be clear that this is the same, but it is much like it. There was a sheath to it, and that was broke in the middle. I saw a sort of a knot, and we found it broke.

Q. to Prosecutor. Had you it in a sheath?

Prosecutor. I had; but it was not broke then; now it is.

Cooper. I have known Jasper Webb seven or eight-years. I was before Justice Spinnage when Webb was there: this was mentioned before him, but he made no answer to it. I knew him when he worked at Brumpton at hoeing in the fields, and I knew him when he drove a cart.

Elizabeth Stevens . I have known Jasper Webb about a month; he brought a shirt and a pair of stockings for me to wash, the Wednesday before he was taken up, at the sign of the Castle in Gray's-Inn Lane; (I had a room there:) he bid me go down to the landlady of the house for them. I went and brough them up: they were in a bag. I left the bag in the room; he put a shirt and a pair of stockings on, and left me the soul ones to wash. On the Thursday after he was taken up; and on the Friday morning they came to search my room. Clark was the person that found the bag; I do not know what was in it; nor do I know any thing of Williams.

Allen Farrington . This witness swears she does not know Williams; I broke open the door, and found Williams in bed with her. There were these gloves in the bag. (Produced in court.)

E. Stevens. I knew him by fight, but I did not know that he went this way. I was not acquainted with him.

Q. Was that the first time you had seen him?

E. Stevens. No, I had seen him before.

Prosecutor. These gloves are my property, and what I lost the night I was robbed.

Williams's Defence.

If he has a mind to forswear himself, I cannot help it; but he swears as false as God is true. If these gloves were mine, there may be two pair of gloves like one another. That bag I have seen in the room. The man came and knocked at the door; I got up and let him in; he asked me if I knew Jasper Webb ; I said I had seen him within three weeks. Said he, You must go along with me, you will see him in Marybone Round-house. I said, Let me put my coat on; then he said, I was the man that was along with him, because I had a red coat. I know nothing of Jasper Webb . I always got my bread by hard labour.

Webb's Defence.

I was taken before Major Spinnage . I was at the apprehending of these people. Major Spinnage pretended to make me an evidence, and when I came back again, he sent me down to Bridewell, and would not admit me. I shewed them the pawnbrokers, and gave information against the people, but not about this affair. I know nothing of it. I do not think it is proper I should be indicted.

Farrington. Major Spinnage never promised him any thing.

Q. to Prosecutor. Are you sure to the prisoner Williams?

Prosecutor. It was so light, that I could perceive his face, and knew it again at Mr. Spinnage's as well as if I had been acquainted with him five years.

Q. Are there lamps on the road?

Prosecutor. No, there are not.

Q. How near the place where you was robbed was the hanger found?

Prosecutor. That was a mile farther on the Brentford road.

For Williams.

John Nevil . I have known Williams sixteen or eighteen years. He has worked and lodged with me. I never knew any harm of him in my life.

Thomas Nicholson . I am a measurer for the contractors of pavements. I have known him about three years: he is a bricklayer's labourer. I never heard his character taken in question in my life. He was esteemed an honest man.

Andrew Everill . I have know him about half a year. I keep the Horse and Groom in Oxford-Road. He lodged in my house about five weeks. He is a hard-working man, and behaved well. He quitted my house about two months ago.

Both Acquitted .

(M.) They were a second time indicted, by the same names, for that they, on the king's highway, on James Dorfe did make an assault, putting him in corporal fear and danger of his life, and taking from his person a Bath beaver great coat, value 5 s. a paper snuff-box, value 1 s his property, and against his will , December 21 . ||

James Dorfe . On the 21st of December, between six and seven at night, the prisoner Williams, and another man, came and stopped me betwixt Kentish town and Pancras : he said, Give me what money you have. I told him I had none; adding, Look in my pocket. They both did. They took two handkerchiefs from my coat pocket, two books, and my great coat. It was a Pompadour Bath great coat. There was a paper snuff-box in one pocket. Williams took my coat, and the other man took the other things. I do not know the other man that was with him. After that a friend told me there was something in the Gazetteer. As soon as I saw it, I went to Justice Spinnage's office. The Justice said to me, You have been robbed of a great coat and snuff-box. This was about ten days after I had been robbed, which was on a Thursday, and on the Saturday after I went again: there I saw my coat and box. The Justice asked me if I should know the men that robbed me? I saw Williams: I then said, Lam sure he is one of the men that robbed me. (The coat and box produced in court, and deposed to.) But I could not swear to the other person, because he was behind me when I was robbed; but Williams was before me, and spoke to me. There was a pistol lying on the table, I knew that too.

Robert Townsend . I live in Bear Alley, St. Leonard Shoreditch. I am a pawnbroker. This great coat was pawned to me on the 21st of December by Jasper Webb , in the name of William How , between eight and nine in the evening.

Q. How far is your house from Kentish-Town?

Townsend. It is two miles and a half.

Q. What did you lend him on the coat?

Townsend. I lent him six shillings upon it.

Farrington. I found the snuff-box in Jasper Webb's pocket, with some other things, the day he was taken.

Williams's Defence.

I know nothing about it, no more than the child unborn. The man swears to me, because I had a red waistcoat on. I did belong to the Middlesex militia. I never saw the man with my eyes.

Webb's Defence.

One snuff-box is like another. I do not know how he can swear to that, any more than any other.

Both Guilty . Death .

Webb had nine other indictments against him, most of them for capital offences; and Williams had three others for capital offences.

142. (L.) George Davis was indicted for wilful and corrupt perjury , in swearing in favour of Margaret Flanady , who was convicted for wilful and corrupt perjury, in favour of him the said George, in October sessions last. ||

Mr. Dyson produced a true copy of the trial and conviction of Margaret Flanady , in October Sessions, who received sentence of transportation for the same.

Thomas Gurney . I attended this court in Oct. Sessions. I took minutes of the trial of Margaret Flanady , who was tried for wilful and corrupt perjury committed in the Court of Common Pleas at Guildhall, before Lord Chief Justice Wilmot, on a trial between George Davis , plaintiff, and Thomas Hanway , Esq; and others, defendants; it appeared Flanady, one Eleanor Mahony , and George Davis , had been taken in custody by Commissioner Hanway, at Chatham, on account of producing a false certificate, in order to receive a seaman's wages, or prime-money; after which, the prisoner, Davis, brought an action against the Commissioner Hanway, for ill treatment, &c. The prisoner Davis, was the first evidence that appeared to support what Flanady had swore in the Court of Common Pleas. Part of his evidence was as follows: That he had a pair of hand-cuffs put on his hands, which cut him like a knife, and made strong marks on his hands, and a rope about his neck, which was squeezed hard ready to hang him; and that this was done in order to make him confess to a forgery: that he was exposed to a great number of people with his hands dirty and bloody, and in extreme torture, occasioned by the handcuffs: and all this he deposed was by order of Commissioner Hanway.

For want of room here, the reader is referred to his evidence at large, No. 642 in last Oct. Sessions. The prisoner seeing there were a number of Gentlemen in court to prove not a word of his account was true, as they had done on the trial of Flanady before, thought proper to withdraw his plea, and plead guilty , and begged pardon of the gentlemen and the court.

Fined and imprisoned .

John Andrew Martin , capitally convicted in December Sessions, was executed on Wednesday the 11th of January.

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

Received Sentence of Death, Ten.

Jonathan Hall, John Borrow , James Cooper , Charles Wilks , John Cassey otherwise Clark, Robert Davis otherwise David Roberts, Jasper Webb , Edward Williams , Laurence Balfe , and Edward M'Quirk.

Transportation for fourteen years, One.

Francis Newcomb .

Transportation for seven years, Twenty-eight.

John Purney , Alexander Mills otherwise David Wiltshire, George Lucas , Lazarus Isaac, John Colvell , Mark Oyle otherwise Dyle, Alexander Ross , William Clark , James Bradley , John Clark , Thomas Wilson , Mary Hinchley , Thomas Metcalf , Mary Bartram , Margaret Stokes , John Muntle , John Ward , William Perry , John True , Elizabeth Purlement , Abraham Key, John M'Gowing, Esther Asley , Mary Herring , Charles M'Donald, Hooper Bennett , and Catharine Clark .

Whipped, Three.

Mary Johnson , otherwise Chili; John Steward, and Edward Barry ; the last one hundred yards in the town of Hackney.

Branded, Two.

David Storer , and James Day .

George Davis to be fined ten pounds, and imprisoned one month in Newgate.

John Andrew Martin , capitally convicted in December Sessions, was executed on Wednesday the 11th of January.