Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 18 April 2014), April 1769 (17690405).

Old Bailey Proceedings, 5th April 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 Wednesday the 5th, Thursday the 6th, Friday the 7th, and Saturday the 8th of APRIL, 1769.

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

NUMBER IV. 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 Sidney Stafford Smythe, Knt. one of the Barons of his Majesty's Court of Exchequer *; James Eyre , Esq; Recorder ++; and others of his Majesty's Justices of Oyer and Terminer, of the City of London, and Justices of Gaol Delivery of Newgate, 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.

Henry Procter

Jonathan Key

John Kidman

James Martin

John Harrison

John Daniel

James Priest

Henry Cowling

Andrew Hearsay

Samuel Bignell

John Elger

Samuel Hanson

Middlesex.

William Dow

John Watts

Henry Capel

John Joyce

John Johnson

Robert Slaney

John Trift

Philip Tipper

Henry Taylor

James Bromley

Thomas Singer *

* Andrew Pursell served part of the time in the room of Thomas Singer , who was taken ill.

James Juery .

216. (L.) Jacob Moses was indicted for stealing a piece of woollen cloth, containing eighteen yards, value 14 l. the property of Tho Everett , privately in the warehouse of the said Thomas , March 7 . ++

Tho Everett . I live in Cateaton-street , and am a Blackwell-hall factor . My servant, William Monksfield , called me down from dinner about three o'clock on the 7th of March, and told me the prisoner, whom he had in charge, had come into the warehouse, and taken a piece of cloth.

Wm Monksfield. I am servant to Mr. Everett. On the 7th of March, about three o'clock, I was in the warehouse at the desk, which is just behind the door. The door was open, and the cloth stood in a corner, so that the door prevented my seeing the cloth. I heard a foot come in and go out again, but did not see the person. I went out at the door, and then saw the prisoner with a piece of superfine crimson under his arm, about half a dozen yards from the door. I called and asked him what business he had with that cloth. He immediately turned round, and, seeing me, dropt the cloth, and ran. I called to a gentleman to stop him, which he did, and brought him to the warehouse door. I took up the cloth and brought it in. (Produced and deposed to.) He was near out of my sight.

Q. from Prisoner. Whether there was not a man came into the warehouse before?

Monksfield. There was a man came in, and asked for one Mr. Switt. I told him I knew no such person, and he turned and went out again.

Prisoner's Defence.

That man asked me if I would earn a shilling. I was willing to earn it. He desired me to carry that piece of cloth to Bishopsgate-street, and delivered it to me, and said he would be there as soon as I. I took it under my arm, and when the gentleman called stop thief, I was afrighted, and throwed it down. I went along with him willingly, and the gentleman that delivered the cloth to me went another way.

Q. to Monksfield. How long before you saw the prisoner with the cloth was it that the other man came into the warehouse?

Monksfield. That man came into the warehouse I believe about ten minutes before I saw the prisoner.

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

217. (L.) George Williams was indicted for that he, on the King's high way, on Josiah Hodgkin did make an assault, putting him in corporal fear and danger of his life, and taking from his person a silver watch, value 4 l. a steel seal set in gold, value 8 s. and 6 s. in money numbered, his property, and against his will , March 16 . *

At the request of the prisoner the witnesses were examined apart.

Josiah Hodgkin . On Thursday the 16th of March, about eleven at night, I was at the head of Virginia-street by the King's Head . The prisoner came from a corner. I did not see him before I saw a large horse pistol at my breast in his hand. He said, Give me your money. I said, Do not use me ill, and I will give you my money. I gave him I believe between six and eight shillings in silver. He took my watch out of my pocket himself. It had a seal set in gold, and a black ribban to it. Then he left me.

Q. Was it light or dark?

Hodgkin. It was moonlight, but there was a lamp just behind me. I am certain the prisoner is the man. I gave several gentlemen the descriptions of him.

Q. Did he make use of any other words?

Hodgkin. He said, Make haste. When he went off, he went up an alley by a Romish chapel; I believe it is. I went down Virginia-street, and met some gentlemen in the center of it. I said, Gentlemen, I have been robbed Said one of them, I have been robbed of four shillings and a watch. I was at the taking of the prisoner at New Ragfair on the Sunday following.

Q. Did you ever get your watch again?

Hodgkin. I saw it again at the Justice's: the seal and a silver cap were taken off. Mr. Tyrawley sent me word he believed he had my watch. I had before told him I had been robbed of it.

Q. from Prisoner. How could you know me in the dark with other clothes on?

Hodgkin. I had described his face, as being wide on his cheek bones, and a thin, meager face downwards.

Thomas Lacon . On the Saturday morning Mr. Hodgkin came to my house; I not being at home, he came again in the afternoon. He said, He knew I was a man of spirit, and desired I would go with him, and help to take a man that had robbed him of his watch and six or seven shillings, and nine guineas; saying, He had heard where the man was. He described the man, and his clothes he had on when he robbed him. He said he had on a blue surtout coat with a cape on it, a red waistcoat, his own hair, and a black neckcloth about his neck: his face very broad over the upper part, but very thin downwards. I went with him into several houses till ten at night, but could see nothing of him. On the Sunday morning it was my turn to find a minister for Wapping church. When I was in church, a person brought me word they knew where to find the highwayman. I went out to Mr. Hodgkin and asked him if he had any arms. He fetched a pair of pistols. I loaded one, and, I believe he did the other. We had heard the prisoner was a very desperate fellow, and always went with his hand in his pocket armed. We went to a house in a little court in Parrot-Alley; we lifted up the latch, and the door opened. The watchman pointed to me, as much as to say he was in such a room. I set my shoulder to the room door, and forced it open. I had my pistol in my left hand, and this instrument in my right. (Producing an instrument made of lignumvita, something in the nature of a stail, the handle about ten or twelve inches long. The other about eight, loaded with lead on the inside, fastened together with a strong silk cord.) This I made to carry in my pocket to defend myself against the cole-heavers. There was the prisoner sitting by the fire. I went up to him, and said, If you stir, I'll blow your brains out. Mr. Hodgkin came up, and said, This is the man. The watchmen searched him. I saw two silver watches taken from him, but none of them were Mr. Hodgkin's.

Prisoner. The door was standing wide open, there was no latch to it.

Lacon. I tried it with my hand, and found it fast. I burst it open with my shoulder. We found some pistol-bullets in the house, and a blue surtout coat lying in a chest, which the prosecutor said was the coat the prisoner had on when he robbed him.

John Heth . I live in Wapping. I was headbrough. On the 19th of March, in the morning, the beadle came to me at the church, and told me I must come to take a highwayman. I went with Mr. Hodgkin and others to this house joining to Parrot-Alley, in East Smithfield. I knew the man by the description Mr. Hodgkin had given of him. Mr. Lacon put the pistol to his breast, and said, He was a dead man if he moved. I took hold of one arm, and the beadle searched him for firearms; he found a watch upon him, and I found another in his right hand pocket. The watch that I found is claimed by Mr. Wood, who, upon hearing the man was taken, came to my house with his pocket-book, in which were the marks of his watch. It appeared to be his. We found some bullets in a chest in the room.

John Plyer . I am beadle. On the 18th of March, I was informed this man, by the description of him, had robbed Mr. Hodgkin. Mr. Lacon and I went with Mr. Hodgkin to help to take him, but could not find him. The next morning I was told, as I was going to church, that a watchman had seen the thief go into a house where we were informed he lodged. I went and told Mr. Hodgkin; then we went to the house, and found the prisoner and a woman sitting by the fire. Mr. Lacon held a pistol, and ordered him to surrender. Then we searched him. I took a watch out of his pocket ( Produced in court); it belongs to a person in Newgate-street. I found ten leaden bullets in a box in the same room. (Produced in court.)

John Tyrawley . On the 17th of last month the prisoner at the bar came to me, betwixt three and four in the afternoon, with this watch. ( Produced in court.) I stopped it. Mr. Hodgkin came in the morning, and told me he had been robbed of a silver watch and nine guineas. ( Note, the guineas were not laid in the indictment.)

Hodgkin. This is the watch I was robbed of by the prisoner ( holding it in his hand.) It is No. 272, Tho Green the maker. Here is a paper cut in the shape of a heart in it, which was in it when I lost it. It had then a silver cap on it, but that has since been taken off.

Tyrawley. The prisoner was twice in my shop; the first thing he brought was a gold shank of a seal. He asked me whether it was gold, saying, he bought it for fifteen shillings at Portsmouth, and was afraid he had been cheated. I got a light, and took off the impression of the seal. I did not stop it, but told him if he would carry it to a gentleman, he would tell him whether it was gold or not (thinking to direct him to Mr. Hodgkin). He went away, and soon after coming again, he said he had sold the seal, and offered this watch to sale; then I stopped it. He went away. I sent my boy after him, who saw him go into a public house. Then I sent for Mr. Hodgkin, and showed him the impression of the seal; he said it was his, and he described the watch. The next day the prisoner was taken. (The impression of the seal produced.)

Prosecutor. This is from my seal. It is my family coat of arms.

Q. to Tyrawley. How was the prisoner dressed when he came to you?

Tyrawley. He had on a red waistcoat, and a blue surtout coat.

Q. Are you sure the prisoner was the same man?

Tyrawley. I am certain he is the same man. I could single him out from a great number of persons.

Prisoner's Defence.

It is impossible I could rob these two men just at eleven o'clock. They would both have swore it before Justice Scott, and he would not give them their oaths.

For the Prisoner.

Eliz. Dison. I live in East-Smithfield. I sell fish about the streets. The prisoner was a shipmate of my husband's on board the Harlequin. On the 16th of March I met him very much in liquor. I took him to my house, and put him to bed between eight and nine in the evening along with a girls and they went out about nine the next morning.

Q. By what do you know it was the 16th of March?

E. Dison. I left my husband on the 14th, he is gone to Greenland in the Weymouth, and came up on the Tuesday from Gravesend, and this was but two days after.

Ann Broadwater . I wind silk, and live in Shadwell. I lodge with a woman and her daughter, named Bowers. I know the prisoner is a very honest man.

Q. How long have you known him?

Broadwater. I have known him about four months. He came to me about half an hour after seven o'clock on the 16th of March, and took me to East-Smithfield to this woman's house.

Q. Did you know this woman before?

Broadwater. No, I did not; but she knew me. She locked us into her room, and went out. I staid there with him till eight or nine o'clock the next day: we both went out together.

Q. Where was the prisoner that night, about eleven o'clock?

Broadwater. He was in bed.

Q. Did you see any watch he had?

Broadwater. No, I did not.

Q. Was you with him when he was taken up?

Broadwater. No, I was not.

Q. How came you to know it was the 16th of March?

Broadwater. Because I had a sister died in the Infirmary the day before in Whitechapel.

Q. When was she buried?

Broadwater. She was buried on the Saturday morning, at the Infirmary.

Margaret Michael . I am a single woman, and live in East-Smithfield. On the 16th of March I was coming to the house where the prisoner lay, which is facing the Shovel in East-Smithfield. When I came there, I saw George Williams , the prisoner, and that young woman in bed together in that house.

Q. What is that woman's name?

M. Michael. I do not know her name no farther than she is called Nancy.

Q. What time of the day was this?

M. Michael. This was between ten and eleven at night.

Q. Did you know this young woman before?

M. Michael. I had seen her before, but did not know her.

Q. How came you to go into that room?

M. Michael. I went into the room to see Williams?

Q. How did you get into the room?

M. Michael. It is a lower room, and the door was open.

Q. What day of the week was this?

M. Michael. It was on a Thursday night.

Q. How came you to know it was the 16th of March?

M. Michael. I know it by a particular thing, because my sister was not very well at that time.

Q. What is your sister's name?

M. Michael. Her name is Sarah Michael .

Lacon. This is the woman that was with the prisoner when we took him.

M. Michael. The prisoner had given me a shirt and a pair of stockings to wash, and he came for them, and this gentleman came and took him.

Q. How came you to have bullets in your room?

M. Michael. I saw no bullets in my room.

Q. Did you see the prisoner searched?

M. Michael. I did.

Q. Did you see any thing found upon him?

M. Michael. There were some watches found upon him.

Q. Do you know how he came by them watches?

M. Michael. No, I do not.

Joseph Wood . I am pretty positive I saw the prisoner on the 16th of March, about three quarters of an hour past eleven at night, near the place where the prosecutor was robbed.

Guilty . Death .

There were two other indictments against him; one for robbing Mr. Wood, and the other a single felony.

218. (M.) Elizabeth, wife of John, Belamp, otherwise Elizabeth Belamp , widow , was indicted for stealing a copper pottage pot, value 4 s. two copper saucepans, value 2 s. three flat irons, value 18 d. a looking glass, value 12 d. and a copper teakettle, value 12 d. the property of Edward Widowes , in a certain lodging room lett by contract , &c. March 23 . *

Edward Widowes . I lett the prisoner a ready furnished lodging near two years ago. The things mentioned in the indictment were part of the same which I miss, and found again at two different pawnbrokers by the prisoner's direction.

The pawnbrokers produced the goods, which the prosecutor deposed to. The prisoner in her defence said she did it through want.

Guilty. Recommended . B .

219. (M.) Susanna Milliams , spinster , was indicted for stealing two cotton gowns, value 20 s. one silk and stuff gown, value 15 s. and a gold ring, value 8 s. the property of Jane Bevan , spinster , Feb. 20 . *

Jane Bevan . I live with my uncle, Edward Bevan . The prisoner was his servant . The things mentioned in the indictment were missing the 20th of February. The prisoner was charged with taking them the 26th, and, in my hearing, she confessed she took them, and told us where they were pawned. (Produced in court.) I can swear to all but the ring, which had no mark upon it. I had such a one, and the prisoner said it was mine.

Guilty . T .

220. (M.) Thomas Crocker was indicted for stealing the carcasses of two dead sheep, value 20 s. the property of John Leach , March 15 . *

John Leach . I am a butcher in St. James's market . I had the carcasses of two dead sheep in my shop on the 15th of March; they were then whole. The prisoner was found in my shop between three and four the next morning. The other witness can give a farther account.

William Garner . I am an apprentice to Mr. Leach. I got up and found the prisoner in our shop, between three and four o'clock, on the 16th of March. I called for a watchman, and we took the prisoner to the Round-house. I found the two carcasses cut up, and packed up in a basket of my master's, ready to be taken away.

Q. Had that basket any meat in it over night?

Garner. No, it had not.

Prisoner's Defence.

The door was open. I had a fever and ague upon me, and got in there for shelter. I had not been in above two minutes before this boy came. There was nothing taken out of the shop.

Guilty . T .

221. (M.) Eleanor Smith , spinster , was indicted for stealing two washball boxes, value 3 s. two flower kits, value 1 s. and four bottle stands, value 4 s. the property of Thomas Laco n, Sept. 25 . *

Thomas Lacon . The prisoner was my servant . She had a very bad tongue, and I turned her away. After that I took her again, but she was still the same. Then I'turned her away again, having no suspicion of her dishonesty. About three months, ago a person came to me, and said, I had been greatly wronged by this Smith. I asked the person where she lived; she said with the prisoner. Said I, Have you had any quarrel with her? She said, Yes. Then I said, Go about your business. Some time after that another came and said the same. I bid her go about her business. After that I had some reason to believe she had not been honest. I went and got a search-warrant, and found a great many of my things, more than I have laid in the indictment; to the amount of 3 or 4 l. I am a turner by trade. (The things laid in the indictment produced in court.) Those are my property. I found them in the prisoner's lodgings: The prisoner owned she took them from me.

The prisoner said nothing in her defence.

Guilty 10 d. W .

222. (M.) Mary Smith , widow , was indicted for stealing a linen sheet, value, 1 s. and 3 d. the property of Ann Gray , spinster , March 10 . *

Acquitted .

223. (M.) Abraham Church was indicted for stealing a watch with a Pinchbeck and shagreen case, value 38 s. the property of John Bowing , March 17 . *

Acquitted .

(M.) He was a second time indicted for stealing an iron stove grate, with a brass fender to the same, value 8 s. the property of Elizabeth Barlow , widow , March 16 . *

Elizabeth Barlow . I lost a stove grate from my door, about the 16th of March, and found it at Mary Hamilton 's the next day. How it came there I do not know.

Mary Hamilton . I bought this grate of the prisoner at the bar on the 16th of March, between four and five in the afternoon. He told me his name was John Thomas .

Prisoner's Defence.

The person that I had it of is named John Thomas .

Guilty . T .

224, 225. (M.) John Davis and Joseph Andrews were indicted; the first for stealing eight yards of superfine woollen cloth, value 4 l. four yards of shaloon, value 4 s. and four yards of hair shag, value 8 s. the property of Chamberlayne Goodwin , George Farmer , and John Pippen , Feb. 24 ; and the other for receiving two yards of hair shag, three yards of superfine cloth, and one yard of shaloon, part of the said goods, well-knowing them to have been stolen , Feb. 28 . ++

Chamberlayne Goodwin. I live in Hoglane, Moorfields, and am a dyer , in partnership with George Farmer and John Pippen . On the 24th of February, one Mrs. Brown came and asked If we had not lost some cloth. She said she had stopt some which was brought by a girl, which the girl said she had of John Davis 's wife. This was on the Friday; and on the Monday and on the Friday she brought it to our house, and the girl, who said she had it of John Davis 's wife to carry to pawn. I then examined, and found I had lost several such things, that had failed in the dying.

Q. What is Davis?

Goodwin. Davis has worked for us many years. He did at this time. He was a lost-man, to look after the white goods that came in and fort them. I took him up, and in consequence of this, I found goods at several pawnbrokers. I found a remnant of shaloon at Mr. Marshalls's; and at Mr. Andrews's I found two remnants of scarlet hair shag, two remnants of Pompadour cloth, and a remnant of orange coloured shaloon; at Esther Shorey 's, in Paul's Alley, I found a remnant of Pompadour cloth; and at Mrs. Day's, in Play-House-Yard, Whitecross-street, I found two remnants of orange coloured shaloon, two remnants of black amen, and a remnant of scarlet hair shag; at Mrs. Dyson's I found a remnant of orange coloured shaloon; and at Mr. Alefounder's in Petticoat-lane, who had advertised things stopped, I found a remnant. These were our property. I suppose Davis stole them, because his wife, through the assistance of the girl, had disposed of them. I have inquired Andrews's character, and find it a very good one. The girl took me to his house, and asked for the things which she had pawned. He delivered them very readily without asking for any money.

Elizabeth Taylor . I received the things of Davis's wife, and pawned them by her order, and gave her the money.

Q. Did Davis ever send you with any?

E. Taylor. Davis was never by but once. She gave me the piece to pawn, and he was by when I came back with the money, and I gave it to him.

Q. Did he know what the money was for?

E. Taylor. Yes. His wife told him what it was for she told him she got me to carry that piece or shaloon. It was orange coloured shaloon, and I pawned it for half a crown.

Q. Is that here?

E. Taylor. No it is not. (The things found at Andrews's produced in court and deposed to.)

Q. to Goodwin. Had Davis's wife been used to come to your house?

Goodwin. I do not remember I ever saw her at our house. I do not know that I know her. After these things were found, Mr. Andrews brought some black amen and green amen to our house, when I talked with Davis about it; he said it was not that, but it was a darker cloth that he had taken.

James Ellis . I am a beadle. I took the things found at the pawnbrokers mentioned in the indictment.

Q. Did you meet with any difficulty at Andrews's when you went for the things?

Ellis. No, none at all. He produced them readily. He has a very good character.

Ann Dyson . The girl pledged four yards of shaloon to me.

Sarah Barlow . I live in Rose-alley Golden-lane. Elizabeth Taylor worked for me. Davis's wife sent for her. She returned to me, with some cloth in her lap, very fuddled. I insisted upon knowing what she had in her lap. She would not let me see till I got her into the kitchen. Then she pulled it out, and I stopt it; there were about two yards of it.

Richard Mordant . I am a pawnbroker. There were four parcels of goods pawned with me by three different women. E. Taylor brought one piece, and wanted 16 s. upon it. I said it would not do for me, and made her take it back again. I cannot swear to any of the women that brought the four parcels. I turned several parcels back that Davis's wife brought.

Davis's Defence.

I know nothing of them. If they were pawned by my wife, I was no ways privy to it.

Andrews's Defence.

That girl came to me under fictitious names. Two pieces were pawned in one day; one in the daytime, the other at candlelight, so that I did not discern the colour; if I had discovered that, I should have stopt her.

E. Taylor. I carried some in the name of Ann Davis , and the other in the name of Elizabeth Turner her mother; one by daylight and the other by candlelight.

Davis guilty . T .

Andrews acquitted .

226. (L.) Elizabeth, wife of Edward, Evans , was indicted for stealing two linen table cloths, value 10 s. the property of Henry Savage ; one linen apron, value 4 s. one calimanco petticoat, one linnen apron, one silk and stuff petticoat, one stannel petticoat, a pair of stuff shoes, a shift, a cap, and a linen pocket , the property of Hannah. Rebecca Boddington , spinster , Feb. 9 . ++.

Han. Rebecca Boddington . I am servant to Mr. Savage in Bartholomew-close . The prisoner came into our house on the 9th of Feb. between four and five in the afternoon, and asked for Mrs. Smith, who lodges in our house. I asked, if she would go up to her, or should I call her down. She said she would go up. The prisoner should have gone up but two pair of stairs, but she went up three, and she returned in about ten minutes with a great bundle in her hand. I inquired if she had been with Mrs. Smith, and found she had not. I ran out and found her about an hundred yards from our house. I told her they were my clothes; she said they were not. She said Mrs. Smith gave her them to wash. I held her till my master came and took hold of her; they were the things laid in the indictment ( mentioning them by name). They were taken out of a back garret and front garret up three pair of stairs. They were all clean but the table cloths of my master's. (Produced and deposed to.)

Prisoner's Defence.

I gave the woman some things to pawn, to the value of 17 s. in Sept. last. I went to her, being near my time, and told her my husband had deserted me, and I was very much distressed for money, and said I must have some. She went out of the room and brought me a bundle of things, and said I must get what I could on them. When they brought me back, I came willingly. Though Mrs. Smith said she did not know me, I have known her between five and six years.

Ann Smith . I live at Mr. Savage's in Bartholomew-close. I never knew the prisoner till she was taken up and brought into the kitchen that day. My room door was never opened that afternoon, till the maid came and opened it, and asked if a woman had been with me. Then I had never seen her.

Guilty, recommended . T .

227. (L.) John Davis was indicted for stealing 200 lb. weight of raisins, value 40 s. the property of John Champion , George Fleming , and William Champion . Feb. 26 . ++

George Fleming . I am a grocer , and live in Giltspur-street, and am in partnership with John and William Champion . On the 22d of Feb. one of my partners told me we had been robbed. I went to view the warehouse, and found two rails sawed out, and that night I set a watch, but without any success. Then I applied to Sir John Fielding , and ordered a reward of five guineas for a discovery. After that one Ackerley was taken and turned evidence. I know we lost five baskets of raisins.

David Ackerley . On Tuesday the 27th of Feb. about two in the morning, I and John Davis went together; he sawed two of the bars across and took them out, and then took five baskets of raisins out. That was at a warehouse in Giltspur-street. We took them to his lodging in Jacob's Court, Cow-Cross. Two of them were disposed of to Mrs. Lamb, and the other were disposed of without my knowledge. I was taken up the Sunday after the fact, which was on Tuesday morning.

Q. What are you by trade?

Ackerley. I am a perukemaker. This was the effect of intoxication with liquor. We were drinking together, and he proposed it to me.

Q. What business is the prisoner?

Ackerley. He worked in the crane at the keys.

Thomas Street. I keep the tap in New Prison, I was informed where the evidence was, and went and apprehended him. After that I found this basket in Davis's lodging in Jacob's Court, Cow-Cross. After that we took Davis in Long-lane, Smithfield, by the direction of the evidence. (Produced in court.)

Fleming. I do not swear to the basket, but have great reason to believe it is ours.

William Champion . There were twenty baskets with raisins weighed the day before; they were put under the window where the bars were found cut. The next day I counted them, and there were no more than fifteen of them. Among the twenty I had observed one of the baskets to be of a different kind, and this is that very basket. I mentioned that at seeing it.

Prisoner's Defence.

I know nothing at all of the young man that is evidence against me. When I went into the room where the woman lived that I did cohabit with, I found him in bed with her. As to the raisins, I never saw them in my life. I was at Woolwich from the 26th of Feb. till I was taken up. I had a shilling a day allowed me to work the lighter up.

Guilty . T .

228. (M.) Elizabeth Lamb was indicted for receiving 40 lb. weight of the said raisins, knowing them to have been stolen by the said John Davis , March 1 . *

There being no evidence to confirm the evidence given by the accomplice Ackerley, she was acquitted .

229. (L.) George Reynolds was indicted for stealing a silk handkerchief, value 3 s. the property of Joseph Starkey , March, 27 . ++

Joseph Starkey . I was facing the Mansion-house on Easter Monday; it might want about a quarter of an hour of four o'clock; just at the time my Lord Mayor was coming to the Mansion-house from St. Bride's church. Mr. Pain tapt me on the shoulder and said, You have lost your handkerchief. I felt, and found it was gone. He had hold of the prisoner. He was taken to the Compter. He was searched, and a handkerchief found upon him, but not mine.

William Pain . Between three and four o'clock I went from my house to St. Bride's church; a little before my Lord came out of the church I went along by the coach till I got to the corner of St. Paul's church yard, and saw the prisoner attempting to pick several pockets as I followed him to the Mansion-house. There, as the coach was turning, the people were pretty much on a crowd. The prosecutor's coat was unbuttoned. I saw the prisoner take a red and white, or purple handkerchief out of his right hand pocket. He wrapped it up, as if going to put it into his pocket. I hit the gentlemen on his shoulder, and said, You have lost your handkerchief; he felt, and said, I have. I said, This is the fellow that has got it. I took hold of him, searched him, and found two handkerchiefs upon him, which he said were his own. I asked him if there were marks on either of them; he said there were not; but we looked, and found the letter A upon a corner of one of them.

Q. Are you certain you saw the prisoner take a handkerchief out of the prosecutor's pocket?

Pain. I saw him take it, as plain as I see your Lordship now.

Prisoner's Defence.

I am a labouring man. I bought them two handkerchiefs of an old clothes woman in Holbourn. I never saw the gentleman with my eyes before they took hold of me.

Guilty . T .

230. (L.) Samuel Mordica was indicted for stealing a linen handkerchief, value 10 d. the property of George Middleton , March 27 . *

George Middleton . I was going to the Royal Exchange on Easter Monday, but as the Bluecoat boys were coming to Cornhill there was such a mob that I could not get through. I stopt, and felt my pocket pulled back; I put my hand in, and felt my handkerchief was gone. Mr. Wood came up, and asked me if I had lost my handkerchief; I felt, and said I had. He said he saw that man take it, pointing to the prisoner; we secured him, and my handkerchief was found upon him.

Michael Wood . I was at the Royal Exchange between eleven and twelve o'clock that day. I saw the prisoner put his hand to the prosecutor's left hand pocket. I said to the young man, Have you lost your handkerchief? he said he had; and that it was a blue and white one, marked with the letter M upon the corner. We laid hold of the prisoner, and took the handkerchief out of his pocket. (Produced and deposed to.) When we got him into the Compter, we found another upon him.

Prisoner's Defence.

I picked up the handkerchief from the ground. I sell oranges and lemons.

Guilty . T .

See him tried by the name of Soloman Mordica, No 176. in this Mayoralty.

231. (L.) Mary Missin , spinster , was indicted for stealing a silver watch, value 5 l. the property of William Wildman , Feb. 8 . *

William Wildman . On the 8th. of Feb. as I was going along Wood-street , the prisoner picked me up, we will suppose as a common woman. We walked about twenty or thirty yards together, and after I had stood talking to her some time, I turned my head on one side, and, to make short of it, I miss my watch; after that I spoke to the watchman, and asked him whether or no he knew that woman.

Q. What time of the night was this?

Wildman. This was about a quarter after one, as nigh as I can guess. The watchman and I went and looked up the passage where it was done, but I never saw her from that time till she was taken up. She must have taken it.

Q. How do you know she had it?

Wildman. I am positive she must have it. I had it while I was talking to her.

Q. Did you ever find it again?

Wildman. No.

Q. What are you?

Wildman. I am a coppersmith.

Q. Have you a wife?

Wildman. I have a wife and children, I had no concern with the prisoner, nor none I wanted. I might, if I had chose it.

Q. If you are an honest man, what business called you out at that time of the night?

Wildman. I can give a very good account where I had been.

Q. Was you sober?

Wildman. I was not disguised in liquor at all.

John Pritchard . As I was beating the hour one, this man and that woman at the bar came along arm in arm together by me. After I had beat the hour, and hung my lanthorn up in my stand, he came and asked me if I knew that woman that had been along with him. I said I did; we went to see for her, but could not find her.

Acquitted .

232. (M.) William Edge was indicted for stealing 960 halfpence, value 40 s. the property of Richard Brough , Feb. 27 . *

Richard Brough . I live at Enfield . On Monday the 27th of Feb. I mist 40 s. worth of halfpence out of my compting house. I had a suspicion of the prisoner. I followed him and searched him; I found eleven shillings in halfpence upon him. He confessed he had hid the rest in a bag in a dunghill, and went with me to shew me, where I found them.

Q. Was the prisoner your servant?

Brough. He had been my servant , but was gone away.

Q. How old is he?

Brough. He is about fourteen years old. His father has worked at my house thirty years. I should be glad to recommend him to mercy.

Thomas Oliver . I was at Mr. Brough's, and having a suspicion of the prisoner, we followed him, and found eleven shillings in halfpence upon him; then he told us where the bag was.

Prisoner's Defence.

I have nothing to say.

Guilty . T .

233. (M.) Stephen Byne was indicted for breaking and entering the dwelling-house of Charles Causton , on the 6th of March , about the hour of one in the night, and stealing two silver salts, value 20 s. three silver tablespoons, value 15 s. one silver tea spoon, value 12 d. four mourning gold rings, value 20 s. one Bristolstone girdle buckle, value 2 d. the property of the said Charles, in the dwellinghouse of the said Charles . *

Charles Causton . I live at Highgate . On the 6th of March my servant went down stairs and found my house was broke open; he immediately came and told me of it: this was about six in the morning. I found it as he had said, I went into my study, and found all my drawers taken out. There were several mourning rings, medals, and things missing. I mist two silver spoons and two silver salts from out of the parlour, and one silver spoon from out of the pantry. I mist also a tea spoon. I thought this must have been done by a workman. I suspected the prisoner, and upon inquiring, found he had been seen with a great deal of money, gold pieces, and medals that he knew nothing of the value of. I applied to Sir John Fielding , and told him what he had heard. He ordered me to prosecute the prisoner upon circumstantial evidence, but since than I have found where the prisoner lodged, which was at a place called the Tent in St. Thomas's, Southwark. I went there to inquire, and was told a person that answered the description had taken a lodging there; and that there was a trunk locked up in a drawer: the prisoner was then in New Prison. His landlady, Elizabeth Parker , said, she would go with me to New Prison, and, if it was her lodger, she would have no objection to my opening the trunk. I sealed up the drawer, and agreed to come to her the next morning to go with her; which I did. When she saw the prisoner, she said, That was the man. I asked him concerning the trunk at her house, he said he knew nothing of it, but that it was given him by a journeyman carpenter, whom he did not know where to find. I went back, and got a warrant from the bench of justices at St. Margaret's Hill, and opened the trunk, in the presence of Crisp the constable. I found in it three silver table spoons, two of them with crests, and one with no mark. The rings with the mottoes on them, and a bag of medals, such as I had lost. The medals I do not swear to, there may be others like them. I sealed them up in the bag.

Q. What is the prisoner?

Causton. He is a carpenter . He worked in my house near four months. He was employed by a person that built my house, and being a good workman, I employed him since.

Robert Sherry . I am servant to Mr. Causton. I came down stairs on the 6th of March and found the house broke open.

Q. Was it light or dark then?

Sherry. It was very light. I found the house all open, which I had shut with my own hands. Two bolts were slipt back on the hall door. There were two silver salts, and three silver table spoons, and a tea spoon, all gone.

Nathaniel Crisp . I am a constable. (The medals and things mentioned in the indictment produced in court.) I saw these things taken out of the trunk, which was in a drawer in Mrs. Parker's house. (A small leather trunk produced.) This is the trunk. I had a locket produced to me by Ann White , who said the prisoner had given it to her.

Prosecutor. The rings I know to be mine by the mottoes on them. There were a great many gold coins, none of which are found.

Sherry. I know this plate here to be my master the prosecutor's property.

Elizabeth Parker . I live in St. Thomas's, Southwark, in a place they call the Tent, near St. Thomas's hospital.

Crisp. The right name of the place is the Tenter, having, as is supposed, been a tenter ground.

Parker. The prisoner came and took a lodging of me. He came the 7th of March, and staid but eight nights. He brought this trunk in his hand, put it in a drawer, locked the drawer, and took the key with him. He behaved himself very civil with me. He had been gone to prison eight days before I heard of him; then Mr. Causton came to me, and I went with him to see the prisoner in New Prison, and found him to be the same that took the lodging of me.

Q. Did he deliver the key to you?

Parker. No, he did not, he said he had lost it.

Ralph Ardine . I am a lodger at Mrs. Walker's. The prosecutor got a smith, who opened the drawers. There was this little red trunk in it. In it was some medals and plate, and two or three lockets. I saw the prisoner give Ann White a locket at Mrs. Parker's. I think it was on the 8th of March. I saw her deliver it to Mr. Caustin, it had a large stone set in gold, and some writing upon it.

Prosecutor. I have the fellow to it in the bag of medals. I am certain it is mine, the writing is when a relation of mine was born. It is Th. C. born 1st Feb. 1694-5.

Mary Greillam . I am daughter to Mrs. Parker. On the 7th of March the prisoner came and took a lodging at Mrs. Parker's, deposited this trunk in a drawer, locked it up, and took the key away. I saw him one evening open the trunk, but did not look in it; he stood before it. I was by when he gave this locket to Ann White . I saw the writing upon it.

Prisoner's Defence.

I am innocent of the house being broke open. I had nothing but what was concealed in the box, and did not know what they were. The box was delivered to me by a young fellow, a carpenter. I know him vastly well; but do not know his name.

To his Character.

William Humphry . I am a carpenter, and live in Holborn. The prisoner was a journeyman of mine. He came to work for me the 3d of November, and worked for me till the 28th of January; he behaved very well, and was very diligent.

Thomas Alderslade . I keep the sign of the Wheatsheaf, a public house: during the time he worked for Mr. Humphry's, he was paid at my house: he behaved very sober.

William Whitworth . I keep a public house at Hackney; the prisoner used my house. I have known him two years and a half. He pulled out two medals at my house. I did not know the value of them. I thought one was a two guinea piece, till I took it in my hand. He said he took one of them for a guinea. I never knew him to drink to excess.

John Blackwell . I have know him three years: during which time he behaved well.

Q. Did you ever see him with any medals?

Blackwell. No, I never did.

Samuel Standing . I have known him eleven years: his character has been very good ever since I knew him.

Guilty of stealing 35 s. T .

234. (M.) Edward Walden was indicted for stealing twelve skins of shammy leather, value 12 s. and fourteen yards of Russia drab, value 14 s. the property of George Stanser , March 25 . *

George Stanser . I am a taylor , and live in Bedfordberry . I lost twelve shammy skins, and fourteen yards of Russia drab, on the 25th of March. The prisoner and two others had been in my shop to buy something, and after they were gone, the things were missing.

James Robinson . I live in White-Horse-Yard. On the 25th of March, in the evening, the prosecutor came and let me know he had lost the things mentioned. After that the prisoner came and offered two shammy skins, and said he had some dark canvas, or something of that sort. I desired him to bring that. When he was gone, I went and told the prosecutor; he came, and the prisoner was stopt when he came with the Russia drab.

Thomas Hall. On the 25th of March, the prisoner came with two skins and some Russia drab, and offered them to sale. I had had notice from the prosecutor, that he had lost such. I asked the prisoner the price; he asked 12 d. each for the skins, and 10 d. a yard for the Russia drab. I kept him longer than I should do, expecting the prosecutor. I slipt them behind the counter, and said I would stop him. He attempting to make his escape, I catched hold of the skirt of his coat, but he pulled it off, left that with me, and got away.

Hannah Stanser . I am wife to the prosecutor. On the 25th of March, about seven in the evening, the prisoner and two men came to our shop, and asked for some blue stuff. I had none. It being dusk, I got a candle. They kept telling me to reach down goods. I feared the y were upon some bad design. The goods mentioned in the indictment were there when they came in, and when they went out they were gone. The prisoner went away first, and said to the other, I will go, and you will come to me.

Prisoner's Defence.

Two gentlemen came to my lodgings. I went with them. One of them said to me, he had got some things he wished I would dispose of for him; then he gave me the skins and drab. I took them, and went to sell them for him. I was not in the prosecutor's shop.

To his Character.

William Madan . I live in Rosemary-lane, and have known the prisoner five years. I look upon him to be an honest man.

Henry Jourday . I am a taylor. I have known him three years: he has worked with me, and behaved very honestly.

James Tracy . I am a linen-draper, and live in Holbourn. I have known him two years. I never heard any thing bad of him.

Ann Story . I live near the Seven Dials. I have known him four years. He has bore a good character.

John Mitchimer . I have known him seven years. I always looked upon him to be an industrious man.

Thomas Dobine . I live in the Minories. I have known him five years. He bears a good character. I have trusted him, and found him honest.

Guilty . T .

235. (M.) John Sweetlove was indicted for stealing two linen sheets, value 5 s. one linen bolster case, value 6 d. one blanket, value 2 s. one brass fender, value 2 s. one brass candlestick, value 6 d. two flat irons, one brass saucepan, a tin tea-kettle, a frying-pan, a looking-glass, and an iron trevit, the property of Thomas Griggs , in a certain lodging room lett by contract , &c. March 27 . *

Thomas Griggs . I live in Gray's Inn-lane . I lett a ready furnished lodging to the prisoner at the bar about Christmas last. On Easter Monday, about nine o'clock, I had a suspicion of the prisoner and his wife making use of my property. On the 27th of March I followed the prisoner to a public house. I went to him. He said he had been to my wife and paid his rent. The boy carried a pot of beer. I went home and got into the room before the boy. I saw a candle standing without a candlestick, and said, What is become of your candlestick? The wife said she left it at such a man's room. I clapt my hand to the bedstead to pull it down. The wife said, I will fetch your sheets, they are out. I pulled the bedstead down, and I saw the blanket, bolster case and sheets were gone; then I mist a brass fender and a flat iron. I then proposed to him, if he would tell me where my things were, I would make up the matter. I could get nothing out of him for half an hour. Said he, If I tell, you will prosecute me. I took him and his wife into custody. Then I found some of my things at two pawnbrokers. I can swear to all the things but the frying-pan.

John Swinton . I am a pawnbroker. (He produced a blanket, a sheet, a looking glass, a saucepan, and a brass fender.) There I had lent about 7 s. upon. I took them in of the prisoner at the bar, at different times.

John Dobery . I am servant to Mr. Careless, a pawnbroker in Fox-court, Gray's-Inn lane. ( He produced a sheet, a tea-kettle, two flat irons, a frying pan, and a trevit.) These I had of the prisoner at the bar. They were pawned for about 6 s.

Prosecutor. I swear to all these but the frying-pan.

Prisoner's Defence.

I did not take these things with an intent to steal them; as summer was coming on, I thought of getting them again in a month's time. I am a taylor, and had had but a fortnight's work for three months.

To his Character.

Robert Hadwen . I have known him near thirty years; he served me constantly nine years; as honest a man as ever I had in my life. He has frequently called upon me.

Acquitted .

236. (M.) James Evans , otherwise Mills , was indicted for stealing two copper boilers, value 48 s. the property of John Hopkins , March 28 . ++

John Hopkins . I am a brazier , and live in Ratcliff-highway . One Easter Monday my back shop was broke open, and I lost three coppers. I believe I lost four. I advertised a reward of two guineas for a discovery. On the Thursday following, at night, I heard a noise of somebody in a carpenter's shop, which is at the back of mine. I fired off two horse pistols and waited some time, and found every thing quiet. About two in the morning, I heard somebody call, Mr. Hopkins! Mr. Hopkins ! you have been robbed again! the thief is in the carpenter's shop, and here are two of your coppers dropt in the street. I came down and went into the yard. We surrounded the place. I went into a back place, and, under a form in a wash-house, I found the prisoner at the bar; he is my neighbour's apprentice. He was asked how long he had been there; he said, Ever since eleven o'clock. A neighbour of mine told him he saw him in Mr. Ewers's shop, a little before the coppers were found in the street.

Michael Sharp . On the Friday morning I got up by three o'clock, and about a quarter after five I heard these coppers fall into Bedshire-street. I went to the door and saw them lying, they had been concealed between the carpenter's shop and the prosecutor's shop. There is a parapet wall behind, in which they might be concealed. After this I heard a noise in the carpenter's shop. I looked through the key hole, and saw the prisoner within that shop. I saw no more of him till after he was taken, and brought into the smith's shop where I work. It was me that alarmed Mr. Hopkins first.

William Morgan . I was at work, blowing the fire up, when I heard a noise. I and my partner, the last witness, went out, and saw the coppers lying: we brought them into the shop. I saw the prisoner in the carpenter's shop; we knew him before, and it was daylight, so that we could see him, so as to know him. I went out into Denmark-street, that he should not go out that way. I got over two or three pales to get at him, and by that time I got there, he was taken.

Robert Accourt . I heard the rumbling of the coppers. I jumped out of bed and looked out at the window. I got my clothes on as soon as I could, and came down, and saw the prisoner in the carpenter's shop: I also saw the coppers in the street, but where they fell from I cannot tell.

Prosecutor. I apprehend these coppers had been concealed between the carpenter's shop and a sugarbaker's shop, for an opportunity of fetching them away. We all imagine they fed from that place.

Edward Garret . I live with Mr. Hopkins, I heard my master make a noise in the morning; I jumped out of bed, looked out at the window, and saw somebody just turn the corner.

Prisoner's Defence.

I never saw the coppers till the Friday morning, between five and six o'clock. I was got in there, and asleep under a washing stool.

For the Prisoner.

Edward Bills . I am a cabinet-maker, and the prisoner is my apprentice. I never knew him guilty of any robbery in my life. He has served me six years. I am a broker likewise, and have trusted him where there have been seisures several times. These coppers must have been carried above a story and a half high. How he could get them up, I cannot conceive.

John Pain . I know Mr. Hopkins was robbed. I went with him into the garden, and saw the feet of three or four people. The coppers were near thirty yards from the place they were taken from. I never heard any thing amiss of the boy in my life.

Richard King . I have known the prisoner some time. I look upon him to be a very honest lad.

Leonard Appleby . I never heard an ill character of the boy in my life.

William Pitman . I have known him ten years. I never heard an ill character of him.

Thomas Steward . I have known him eleven years. He always bore a very good character.

James Ewer . I have known him about a year and a half. They called me up in the morning, I opened the shop door, and found him under the washing stool.

Q. Is that a proper place to lie in?

Ewer. No, it is not.

Joseph Harris . I have known him about five years. I never knew any ill of him in my life.

Q. to Prosecutor. Was the prisoner concealed when you found him?

Prosecutor. Mr. Bill's other apprentice pulled the washing tub from before the prisoner. He had pulled it before him, to conceal himself. Though the prisoner had been absent from the Monday night, I had no suspicion of him at all.

Q. to Bills. Where had the prisoner been all that time?

Bills. He was in the neighbourhood all the time. I had seen nothing of him since the Monday till the Friday.

Q. Do you suffer servants to be out such lengths of time as this?

Bills. I take as much pains as most people do with apprentice.

Acquitted .

237. (M.) Esther, wife of Edward, Dowland was indicted for stealing a silk hat, value 2 s. and a linen gown, value 8 s the property of William Norton , Jan. 31, 1768 . ++

William Norton . I live in Bethnall Green parish. The prisoner lodged in the same house I do. I lost a silk hat and a gown on the 31st of January, 1768, out of my room, about twelve o'clock in the day. I suspected her. I found the hat at a pawnbroker's in Kingstand-Road, and the gown at a pawnbroker's in Bethnall-Green.

Edward Cox . I took in a hat last January was twelvemonth of the prisoner at the bar. (Produced and deposed to.)

Thomas Fryer . I took in this gown of a person in the name of Esther Dowland . (produced in court and deposed to.)

Prosecutor. The prisoner told me where to find the hat and gown. I took her up about twelve months after I missed the things.

Q. Had you made her any promise before that?

Prosecutor. She told me this, after I had promised to forgive her.

Prisoner's Defence.

The gown I never saw in my life. I used to sell oysters, and a young woman came and brought that to me to pawn, and I went and pawned it for 2 s.

Cox. I have known the prisoner for some time. I never knew her behave ill in my life. She appeared always to me to be an honest woman.

Acquitted .

238. (M.) Joseph Culbert was indicted for stealing 30 lb. weight of mutton, value 5 s. the property of John Jolley , March 24 . ++

John Jolley . I am a butcher , and live in Clare-Market . We hang the sheep carcasses out in the street for the benefit of the air, and have a watchman to watch them all night. I had a carcase taken away last Friday was sevennight at night, I missed it in the morning when I got up, which was between two and three o'clock.

Joseph Murphy . I am a watchman. The prisoner was coming along with a carcase of mutton at Hay-Hill, near Berkeley Square, between eleven and twelve o'clock that night. I asked him what he had got there? To the best of my knowledge I think he said he had got a dead dog. He attempted to go into the buildings where I was at watch, but I would not let him; then he went into Brudenell Muse, just by Berkeley-Square, and hung it up in a stable there. It was a carcase of mutton. He used to lie there. I knew him before. Then I went to my master that employed me, and told him of it. He desired me to take care of it. so that the prisoner did not spoil it. I went and took it, and laid it by. The prisoner was taken the next day by the Muse. He had some bread there, which he sopped in water, and threw it about as if he was mad. I by enquiring found the mutton belonged to Mr. Jolley.

Mr. Jolley. I had the mutton again. It was my property. We have a particular mark in our business. I knew it well.

The prisoner said nothing in his defence.

Guilty 10 d. W .

239. George Bourn was indicted for stealing a copper saucepan, value 6 d. and a copper tea-kettle, value 4 s. the property of Abraham Creswell , March 13 .

The prosecutor did not appear.

Acquitted.

The recognizance was ordered to be estreated.

240, 241. (M.) John Evans , otherwise John Dyer , and Joseph Dobbins , were indicted for stealing a sorrel gelding, value 4 l. the property of Samuel Harvey , March 12 . ++

Samuel Harvey . I live at Twickenham , I lost a sorrel gelding out of my stable on the 12th of March.

Q. Was the door of the stable locked over night?

Harvey. I cannot say whether it was or not. It was not broke open. The two prisoners used to be very much about our place, and being missing at the time the horse was, I suspected them. I went about the country to see for them, and meeting with the keeper of the house of correction of Adgiam, in Hampshire, he asked me if I had not lost a horse; I said I had, a sorrel one with a bald face. Said he, Have you lost any thing else? I said I had, an old sack, marked with T. R. in a ring with a star. He informed me Dyer was stopped with such. I have known Dyer from a child; he was born in the neighbourhood. I lit of Dobbins at the election at Brentford, on the sixteenth day of the month; but the mob took his part there, and took him away from me.

Q. Where did you find your horse?

Harvey. I found him in the parish of Crookham.

Q. What did Dyer say when you charged him?

Harvey. He said he met Dobbins with the horse, and when I charged Dobbins, he seemed to lay it to Dyer.

Robert Gunner . I live at Crookham, near Crundal. The two prisoners were at Crookham three weeks ago yesterday, and they asked my son how far it was to Reading. He told them about sixteen miles. Then they asked him if he would buy a horse; they asked him 50 s. for him. At last they allowed him for 30 s. My son telling me this, and that he thought they had stole him, I said, Let us examine them, and take them up. Dyer is a chimney-sweeper. I asked him if the horse was to be sold. It was a sorrel gelding, with a bald face and four white feet; they had him in the road. Dyer said, Yes, the worse is my misfortune. I said, Why so? He said he had a couple of apprentice boys run away from him, and he had heard they were at Guildford, but that he took but sixpence in his pocket, thinking to go to Guildford and back the same day, and when he came there, he heard they had been there and were gone on for Farnham: that he went to Farnham, and there he was told by a chimney-sweeper, of whom they had enquired, that they were gone for Reading, and he said he must sell his horse to bear his charges, for he could do nothing without his two boys. Said I, Where do you live? He said, At Hammersmith. I looked in the horse's mouth, and asked how old he was. He said he did not know. I desired him to trot him; he did: then to gallop him; he did. I then said, What do you ask for him? He said, Six-and-twenty shillings. I said, I suppose you stole the horse; and he said he came very honestly by him. I questioned him very hard, and said, If he would go before a Justice of the peace and clear his character, I would give him five-and-twenty shillings for him: he said he would. I said, Where did you buy him? He said, At Smithfield, and that he had had him two years next Whitsun-Tuesday. Said I, Perhaps there is some fault in him that I cannot see, therefore I'll just go up to an old farmer that has more judgement that I. I went and said to him, It is my opinion they have stole the horse. The old man said, I believe so too. He advised me to take him before the Justice The prisoner was very willing to go. I shewed Dyer the road round, and Dobbins and I went the foot way. We met at Sir Harry St . John's. I told his steward, I believed the two fellows had stole the horse. Sir Harry examined them, and committed them till such time as we could hear of an owner. I had the horse five days before I heard of Mr. Harvey, who came and owned it.

Evans, otherwise Dyer's Defence.

As I was going along the road. I met this horse with a bridle and sack on him. There was no rider. We thought he had thrown his rider. We enquired all the way we went thro' Shepperton and other places. We could find no owner. We went through Guildford and Farnham, but could not hear of any owner. We were very hard drove for want of victuals, and then we offered to sell the horse. We went there to see if we could get some work.

Dobbin's Defence.

Going along together, between four and five o'clock, we met the horse near Sunbury, with a sack and bridle; we went on and enquired for an owner, but could not hear of any body that had lost a horse; then we got upon him and rode to Guildford, and enquired there, but could not find any body that had lost a horse; we then went on, and could get no work. Dyer then proposed to sell him. I said, I did not know whether we had best to sell him or not. I was fearful we should be prosecuted if we did, but at last he resolved to sell him. My friends are in Berkshire, and cannot come.

Q. to Prosecutor. How old do you take the prisoners to be?

Prosecutor. Dyer I take to be about eighteen or nineteen years of age.

Dobbins. I am about seventeen years old.

Both Guilty. Death . Recommended on account of their age .

242. (M.) Ann Felton , spinster , was indicted for stealing a woman's cloth cloak, value 1 s. a linen shift, value 6 d. and a woman's linen bed-gown, value 6 d. the property of Thomas Ford , March 17 . ++

Geo Hardin . I am a peace officer in the parish of St. George's in the East. On the 17th of March the prosecutor's wife stopt the prisoner with the things laid in the indictment. I went and asked the prisoner whether she had taken them out of the prosecutor's apartment as she had said, and the prisoner owned she had. I took her before Sir John Fielding , and he bound me over to prosecute. The prosecutor's wife now lies in, and cannot attend.

Q. What is the prosecutor's name?

Hardin. His name is Thomas Ford .

Prisoner's Defence.

I have no friend at all. I used to get my living by charing.

Guilty 10 d . T .

243. ( M.) Elizabeth Burger , spinster , was indicted for stealing a silver watch, value 3 s. a tobacco-box made of paper, value 6 d. a leather pocket-book, value 4 s. and 7. in money numbered , the property of John Ryder , March 20 . ++

John Ryder . I am a shoemaker , and live in East-Smithfield. Last Easter Sunday, at night, I was a little in liquor, and I went to see an acquaintance in Penitent-street, at the sign of the Cannon. I staid a little latish, and went away about eleven o'clock. Going along the street, I met two young women. I was smoaking a pipe, and one of them asked me to give her a pipe. The prisoner was one of them.

Q. Where was this?

Ryder. This was in Ratcliff-highway. They asked me where I was going? I said, I was locked out of my lodging, and being a stranger in this country, did not know where to get a lodging. The prisoner said I should go along with her. When I came into her house, I paid her eighteen pence for my lodging. It was in some court. I went to-bed, but before I went to bed I sent for sixpennyworth of brandy, as she desired something to drink. The other girl went and brought the liquor in and went away. After that, the prisoner sent for a pot of beer. Then she came to bed to me. She blowed the candle out, and after she had been in bed about ten minutes, she got out of bed, saying, she must go and lock the door, for fear of thieves. She took all my things out of my pockets, and did not come back again.

Q. Was you on a ground floor, or up stairs?

Ryder. It was in a room up one pair of stairs; she left one of her stockings behind her. After that, she sent a woman to get me out of the house. The woman came swearing at me, and asked me what business I had there. She asked me if I had lost any thing. I did not know then that I had. I went to look after my things, and found my watch, money, and things were gone.

Q. How much money?

Ryder. About 7 s. My watch was a silver one, and I lost a paper tobacco-box, and a leather pocket-book. When I came to look about for my things, I found one of her stockings. I asked the woman after the prisoner; she said she knew nothing of her. She swore so at me, I went out of the house, and went up to Whitechapel, got an officer from the watch-house, and went to search the house, but the woman would not let us in. We observed the window to be open, and the key of the door hanging in the window. The watchman took it and opened the door. We went in, and up stairs, and found the prisoner lying in the bed where she and I had laid before, and another young man and woman in the same room. The officer took them all to the watch-house. We found nothing on the bed then but my pocket-book. (Produced and deposed to.)

Q. Had you searched well before you went out of the room?

Ryder. I had searched the bed all over, and under it; they were taken before the bench of Justices, and were all three committed. The other two are got clear, but I do not know how they got clear.

Q. Were any body else in the room before you lost your things, besides the prisoner?

Ryder. The prisoner is the only person that was in the room at the time. I am sure I had my watch, money, and pocket-book, after the other girl went out of the room and brought up the liquor.

James Thorburn . The prosecutor came to the watch-house between twelve and one o'clock in the night, and said he had lost his watch, a pocket-book, a tobacco-box, and about 7 s. in silver.

Q. Was he sober or fuddled?

Thorburn. He was sober, to the best of my judgment. I asked him whereabouts he lost them; he told us. The watch-house was very full of prisoners, so I could not go. I sent some of the watchmen, and soon after I went down myself, but I could not get in. I called to the girl, and said, Who have you got in the room? She swore there was no body in the house but herself. I heard a girl call down not to open the door; after that we opened the shutter, and found the key hanging on the inside. We took it, and opened the door, and found the girl which the prosecutor said was the person that took his things. We searched the room, but found nothing except the pocket-book. We took them all before the Justices, except one man, who got away.

John Summerfield . I am a watchman. I was with the prosecutor and Mr. Thorburn. I can say no more than what they have.

Prisoner's Defence.

I went down Ratcliff-highway, to one Mrs. Williams's. Coming out of the door, this man had a pipe in his mouth, and the other girl asked him to give her the pipe. He gave it her directly. She asked him where he was going; he said by the May-pole, but could not get in. She said if he would go along with her, she would help him to a night's lodging. He went with her. I said, the house was none of mine. It belongs to Mrs. Talbot. He sent for a pint of beer, and said he had no more money. She offered him the farthing, and he would not take it. I left them and went to the King of Prussia, at Saltpetre-Bank, and when I came back again, they had turned the man out of the house. I have no friends in London, my friends live a great many miles off. There were four beds in that room, and people in them.

Q. to Prosecutor. Were there other beds in the room besides that you was in?

Prosecutor. There were, but no soul in them.

Guilty . T .

244. (M.) Walter Watkins , was indicted for stealing a silver watch, value 40 s. a steel chain, value 5 s. and a cornelian seal set in silver, value 3 s. the property of John Rowland , February 3 . *

John Rowland . I live in Charles-street, Westminster . On the 3d of February, my watch (a silver one) was in a case over the chimney in the parlour, and about a quarter before one it was taken away. I advertised it on Saturday in the public paper, and on Monday in the Daily Advertiser. I heard nothing of it till this day was three weeks, when Shutter, a constable and a pawnbroker, called upon me, and told me, he could give me an account of part of my watch, if I would come to the Almory in Westminster. I went, and there saw the gut part of it, but no minute hand. The case, the chain, and seal were gone, and they had put two seals and another chain to it. The next day I went to Sir John Fielding 's, the watch was there produced, and he bound me over to prosecute the prisoner at the bar. I know nothing more of him, but that he had the watch.

Geo Worthy . I am a pawnbroker. I took in this watch-case of the prisoner at the bar, on the 16th of February.

Prisoner. I pawned it there twice. (Produced and deposed to by the Prosecutor.)

Timothy Carrol . A woman brought this to me to keep till the prisoner's brother came for it. The prisoner was then in Bridewell. (He produced the inside case and movement.)

Q. What is that woman's name?

Carrol. Her name is Margaret Carrol . I heard the prisoner own he sent it to me by her.

Prosecutor. This is my watch. ( Holding it in his hand all together.)

Q. What do you know it by?

Prosecutor. By the name and number. It is Joseph Hall, Number 320. The chain and seals on it are none of mine. I have the receipt here of the maker, when I paid for it.

Q. Does the case fit the box?

Prosecutor. It does exactly.

Prisoner's Defence.

I bought this watch of a young fellow, a carpenter, for a guinea and a half. He is gone to work in the country. I am a plaisterer. I was not sent to Bridewell about the watch; I was sent there on suspicion of stealing of mutton, have been tried, and acquitted of it.

Acquitted .

245. (L.) Samuel Aldsworth was indicted for stealing one man's hat, value 8 s. the property of John Holdsworth , March 29 . ++

John Holdsworth . On the 29th of March, about nine in the morning, the prisoner came to my master's shop in Thames-street , and took my hat from a nail. I stopped him with it in the shop, as he was going away with it. When he came in, I was in a back shop, so that he could not see me; but I saw him. ( The hat produced and deposed to.)

Prisoner's Defence.

A young man desired me to call on him on the Tuesday, and I went in there, thinking it was the shop. The hat was fallen from the nail, so I put my hand down to pick it up; but I had no design to take it away.

Guilty 10 d. T .

246. (L.) John Swift was indicted for stealing a pair of silk stockings, value 5 s. and a cloth coat, value 5 s. the property of John Lewin , March 13 . ++

John Lewin . About three months ago the prisoner was a footman of mine, but having been guilty of something wrong, I discharged him; after which I had a suspicion of him, having missed some things. I found at a pawnbroker's a great coat of mine; and also in his lodgings I found a pair of silk stockings of mine. I lost them from my London house in Bazinghall-street.

Henry Henshaw . I was servant to Mr. Davison, a pawnbroker, but do not live there now. I do not remember the prisoner bringing this coat, nor do I remember the coat, but I know the ticket to it is of my own hand-writing. (The coat produced and deposed to.)

Richard Davis . I am a constable. I searched the prisoner's lodgings, and found a pair of silk stockings. (Produced and deposed to.)

Prisoner's Defence.

The stockings were thrown into a drawer of mine. I had several pair. I being discharged, took them all together by mistake among other things.

Q. to Davis. Did you find any other silk stockings where you found these?

Davis. I found two or three pair of stockings, but none of them were silk saving these.

Prosecutor. When he came to live with me, he came in a black coat and waistcoat, which were in pawn before he left me, and so they are now; they were pawned with my coat; the ticket was 1 l. 4 s.

Guilty of stealing the stockings, 10 d. T .

247. (L.) Henry Evans was indicted for stealing a pair of silver shoe buckles, value 10 s. the property of John Babbs , March 4 . ++

John Babbs . I am a labouring man , and live in Kingsland-road . I lost a pair of silver shoe buckles, but cannot tell when: They were found again in March.

Q. From where did you lose them?

Babbs. I gave them my landlady to lock them up, having no box of my own. The prisoner was seen with more money on the Sunday than he had taken on the Saturday, and I suspected him, and charged him; he owned he had taken and pawned them in Bishopsgate-street. He went with us, and shewed us the house; they were produced, and I swore to them.

Edward Ricks . The buckles were delivered to my wife to keep for the prosecutor. They were missing on the 4th of March. The prisoner worked for me when we suspected him. I asked him if he had not taken them, he owned he had, and had pawned them.

Sarah Magee . The prisoner was asking for a pawnbroker on a Sunday; I said there were none on Sundays. He cried, and said he wanted bread, and I lent him money upon them.

Q. What money did you lend him?

S. Magee. I lent him 6 s. and 6 d. upon them. ( The buckles produced and deposed to.)

Prisoner's Defence.

I was a long while sick in this man's house, and had received but little money, not enough to pay my way. I took them to pledge them.

Q. to Ricks. How much money did he take that Saturday night?

Ricks. It was but very little. It was less than sixpence. He had been ill almost three weeks. I had known him but four days before. He was a stranger to me.

Guilty 10 d. W .

248. (L.) John Riley was indicted for stealing forty pounds weight of iron, value 3 s. the property of William Shome , Feb. 23 . ++

William Shome . I live in Mincing-lane . On the 23d of February, about half an hour past ten at night, I was alarmed by the watchman, who said, Why do not you come and assist? and who said the next house to me was robbed. I said, You can rob it of nothing but old iron and tools. He said, it was old iron the man had got. I went to the watch-house, and there saw this old iron (produced in Court ) my property.

Q. Could the prisoner talk then? *

* His trial was put off in Feb. sessions, pretending he could not hear.

Shome. He did in an odd sort of a crying tone. He said, It is very hard to be sent to Newgate for old iron.

Francis Blackwell . I was at that gentleman's door, and saw the prisoner come out of the next house with a load. He piled it up in a heap, and went in, and presently he came out again with a bar, and it made a noise against a post. I knew it to be iron. I said to him, What have you got? He was going off. I said, My friend, I must know what you have got. I ran, and catched hold of him, and he threw the old iron about my legs. I called for help. There were two gentlemen coming along, who stopt him, and we brought him to the watch-house. I said, I would send him to Newgate. He said, It is hard to be sent to Newgate for old iron; that he said as I was bringing him to Newgate.

Prisoner's Defence.

I know nothing of it.

Guilty . W .

249. (L.) John Lane was indicted for stealing three planes, value 8 s. one iron vice, value 1 s. and two screw plates, value 2 s. the property of John Hitchcock , March 1 . ++

John Hitchcock . I live in Fetter-lane. I am a harpsichord and spinnet maker . The prisoner worked with me about thirteen or fourteen months. The beginning of last Feb. he absconded from his business, which gave me some suspicion of him. I searched, to see if any thing was missing, and I missed the things mentioned in the indictment. I applied to a Justice for a warrant, and took him on the first of March, or thereabouts. I charged him with having taken the tools. He acknowledged he had taken them, and directed me where to find them. (Produced and deposed to.)

Hannah Sherman . I am wife to William Sherman , who works with Mr. Hitchcock. The prisoner's wife brought the tools to me the day after he was before the Justice.

David Jervis . I am a pawnbroker, and live in Fetter-lane. I had a screw plate pledged in the prisoner's name. He used my shop. I cannot say who brought it.

Prisoner's defence.

Mr. Hitchcock knew I had the tools. He agreed to find me in tools.

Prosecutor. Shirman proposed to let him work with his tools. I would not let him work with mine.

To his Character.

Thomas Yates . I am a serjeant in the third regiment of Guards. I have known him four years. He has been twelve months in the regiment. We never had any complaint against him.

Guilty 10 d. T .

250. (L.) James Lawrence was indicted for stealing a wooden till, value 6 d. and seven shillings in money numbered , the property of Samuel Mountford , March 30 . ++

Samuel Mountford . I keep a chandler's shop in Chick-Lane . I had been out, and came home about nine o'clock this day se'nnight, at night. My wife was sitting in a room backwards. My niece said she heard money rattle. She went into the shop, and screamed out murder. I ran out, and got hold of the boy at the bar, as he was going to get out at the door. We never searched him, nor asked him what money he had taken. He had left seven shillings in silver and halfpence in the drawer. (The till produced and deposed to.) The prisoner had taken it out of the counter, and had it under him on the floor.

Jane Parimore . I am niece to the prosecutor. I had been up stairs upon some business, and I heard some halfpence rattle behind the counter as I came down. I went behind the counter to see what was the matter, and the boy at the bar was lying at my feet all along, and the till under him. He was taking halfpence out. I halloo'd out murder! thinking it had been a man. My uncle came and catched hold of him.

Q. When had you seen the till before?

Parimore. I had pulled it out, and put it down on the ground, just under it's place, when my uncle laid hold of him. I took up the till. We told the money in the till. There was half a crown in silver, and 4 s. 6 d. in halfpence. The boy was not searched in the shop.

Prisoner's Defence.

A boy ran after me to beat me, and I ran into this shop, thinking no harm. I know nothing about the till no more than the child unborn. My mother is a customer to the shop.

To his Character.

John Powell . I have known the prisoner ever since he sucked his mother's breast. She is living.

Q. Where do you live?

Powell. I live in Little-George-Street, near Portland Chapel.

Q. Where does his mother live?

Powell. I cannot tell where she has lived this last half year. The boy worked for me as a plaisterer's boy at the Bank of England within these twelve months. His father had the misfortune to have a fall there, and died the next morning. I know nothing of the boy since he worked with me. He behaved honestly then.

Mary Lawrence . I am his mother. He has worked in the way that his father brought him up in since his father's death.

Q. Where do you live?

Lawrence. I live in Long-lane.

Guilty . T .

251. (L.) WILLIAM Houten was indicted for stealing a silk handkerchief, value 3 s. the property of John Elborn , March 19 . ++

John Elborn . On Sunday night, the 19th of March, coming through the crowd near St. Dunstan's church I had my pocket picked of a handkerchief, but another person detected the prisoner in the fact. I had my handkerchief five minutes before. He dropt it down as soon as he was taken, said it was the first time, and hoped I would forgive him.

William Pain . On the 19th of March, being just come out of church, I saw the prisoner make several attempts at the prosecutor's pocket, and at last I saw him take his handkerchief out. I told the gentleman he had lost his handkerchief; he felt in his pocket, and said he had. I had the prisoner by the collar. He pulled it out of his bosom, and dropt it down. (The handkerchief produced and deposed to by the prosecutor.) The prisoner confessed the fact, and begged mercy.

Prisoner's Defence.

As I was going out of the mob, the gentleman came up and charged me with taking his handkerchief. I never touched it. He said he would let me go, if I would give him half a guinea.

His mother appeared to his character, who said he was as good a child as ever mother had, and that he worked hard for his bread.

Guilty . T .

252. (L.) Ann, the wife of Joseph, Burch was indicted for stealing ten yards of printed cotton, value 20 s. the property of John Adison , April 5 . ++

John Adison . I am a linen-draper , and live in Gracechurch-street . The woman at the bar came to my shop last night, under pretence of buying a little lawn; it was to come to 3 d. After I had served her, she said it was not enough, she wanted the same quantity more. It came to sixpence. They were both put up together, and she paid for it. There was a piece, containing ten yards, lying on the compter. I suppose I looked on one side when she took the cotton, and left her lawn. Immediately after she was gone I missed the cotton. I got over the counter, and pursued her. She was got about the distance of three doors, when I saw her turning down a little court. When I came to the corner, I saw her running up the court as hard as she could. I overtook her in about thirty yards running, and told her she must go back with me. In coming along she dropt the cotton. I took it up, and brought that and her into my shop. I sent for a constable. She acknowledged the crime, and begged pardon, to be let at liberty, but I would not, being almost sure she had robbed me once before. (The cotton produced and deposed to.)

Prisoner's Defence.

I went with a bundle into the shop to buy a bit of frill for my husband's shirt. I laid my bundle down, and took up that cloth by mistake. I have four children alive, and big with the fifth. I know no more of taking it than the child within me.

Q to Prosecutor. Had the prisoner a bundle with her?

Prosecutor. She had a little bundle, but she never laid it down.

To her Character.

Robert Exham . I have known the prisoner five years. Her character in general was good. She has a large family of four children. Her husband is a soldier.

Mary Larkin . The prisoner has chaired for me five years, and I never mist any thing out of my house since she has chaired for me.

Hannah Gray . I have known her five years. I never heard to the contrary, but that she was a very sober, industrious woman.

Mary Covenant n. I have known her five years. She has chaired for me. I never knew but that she was honest.

Mary Dutton . I have known her two years. She lived in a house with me. She was always very honest, as far as I know.

Guilty . T .

253. (M.) John Tresler was indicted for stealing a crimson damask night-gown, value 5 s. five yards of chints linen, value 4 l. 4 s. a flannel waistcoat, value 6 d. another ditto, value 15 s. a silver stuff waistcoat, value 18 s. a gold stuff waistcoat, value 16 s. a white silk lining to a coat, value 5 s. the property of George Grece , Feb 13 . *

At the request of the prisoner the witnesses were examined apart.

Stephen Westcott . The prisoner and I were together.

Q. What are you?

Westcott. I am a plaisterer.

Q. What is the prisoner.

Westcott. He is a soldier in the guards .

Q. When was the prisoner and you together?

Westcott. It was some time on a Monday: I cannot tell the day of the month. We went to Mr. Grece's house: he is a taylor, and lives in North-Alley, York-buildings . We took these clothes out of his house: there were nobody at all in the way.

Q. How did you get into his house?

Westcott. The door was upon the latch; we went up into Duke's Place, and Tresler disposed of them for three guineas and a half. I staid at a corner of a street the while. I was not with him at the time he sold them; he told me he sold them to a Jew, named Lyon.

Q. Had you any share of the money?

Westcott. I had a guinea and a half, and two shillings of it.

Q. What time of the day did you take the things?

Westcott. It was about four o'clock in the afternoon.

George Grece . I am a Hanoverian, and a taylor by trade. I lost a crimson damask night-gown, lined with India silk, and a piece of chints cloth. They belonged to a nobleman. (He mentioned all the things laid in the indictment.) They were taken out of my four room in my house. I was gone to a gentleman, and when I came in, all these things were gone.

Christopher Copage . I am servant to Mr. Grece, On Monday the 13th of February, in the afternoon, Mr. Grece went out, and gave me orders to go to a gentleman for some things. I brought them home, and laid them down on the table; the things mentioned in the indictment. Whether I shut the outward door or not, I cannot tell. As it grew dark, I was called down to put up the window shutters. I then found the things were missing.

Q. Have you seen any of the things since?

Copage. No, not till Wesoott gave me a piece of the night-gown, which I have here. We had a search-warrant from my Lord Mayor to search the Jew's house, named Lyon. I took an old coat under my arm, and went to Duke's Place. I said I would sell it. I went to Lyon's house, they said he was not at home. I said, Did not a person sell some gold and silver waistcoats here the day before? They said, Yes. When Lyon came in, I asked him the same, he said he did buy them; then I searched his house, but there was not a rag of cloth in the house, except some linen, and an old waistcoat. When he found what we were upon in searching, then he said he had not bought them.

Elizabeth Page . The prisoner's girl, named Nell Ogle , made a petticoat of crimson damask, but she has since made away with it.

Q. Can you give any account how she came by it?

E. Page, No, I cannot.

Q. Did you ever hear the prisoner say any thing about it?

E. Page, No.

Jane Emmit . Eleanor Ogle brought a man's morning-gown to me to make up into a petticoat; it was crimson damask.

Q. Was the prisoner with her?

J. Emmit. No, he was not.

Q. How long have you known the prisoner?

J. Emmit. I never saw him before now in my life.

Q. What is Eleanor Ogle ?

J. Emmit. That I know not.

Q. Are you a mantuamaker?

J. Emmit. No, I work for my bread.

Q. Where do you live?

J. Emmit. I live in Tothill-street.

Q. to Copage. Did you describe the things to Lyon?

Copage. I did; I described gold and silver stuff waistcoats, and other wearing apparel to him, that he said he had bought.

Prisoner's Defence.

I went to Sir John Fielding with Mr. Wright that took me up. I said, What am I taken up for? He said, Come along, you will see. I was committed to New Prison. After that I was had up again, and from thence sent to Newgate. Then I was fetched up and carried to Guildhall, and cleared there. I was tried for some check, after that I was detained, and brought to Sir John's again. He sent us down on the Saturday night, and said he could not tell what to do. When we were brought up again, he said he could not discharge me, saying, That a knight and baronet thinks he does not do justice, if he discharges me. So he said he should leave it to the judges opinion.

Acquitted .

254. Ann, wife of John, Aston was indicted for stealing a brass stew-pan, with a copper cover, value 2 s. the property of Richard Rossiter , April 2 .

The prosecutor did not appear.

Acquitted.

The recognance was ordered to be estreated.

255. (M.) Strand Newman was indicted for stealing 4 s. in money numbered , the property of John Bill , March 28 . *

John Bill . I live in Chandos-Street, Covent-Garden. I missed money several times, and did not know how to come at the knowledge of the person that took it. I took and marked some on Easter-Eve, and on the Sunday morning I missed out of my breeches pocket five shillings of the marked money. On the Monday night I had a few friends with me: after they were gone I put more money marked; some in my coat, and some in my waistcoat pocket. When I went to put my clothes on, I missed seven shillings. I had marked twenty-four shillings, though I found but seventeen left.

Q. What is your business?

Bell. I keep a coffee-room and wine vaults. The prisoner was waiter in the coffee-room. I sent my man that waited at the bar to him for change for half a guinea; when my man brought it, I gave him a strict charge to keep that from all other money. He delivered it to me. I took and locked it up. After which I examined it, and found three shillings, to the best of my memory, that I had marked.

Q. Did you not know your own mark?

Bill. I did not mark them all alike.

Q. How many servants have you in your house?

Bill. We have seven servants, when we are full. We had six then, besides a hired porter. I have trusted the prisoner with a thousand pounds before this happened.

Q. Had the other servants the same access to his room as he?

Bill. They had.

Edward Shefe . I am servant to Mr. Bill. I was desired by my master to get change for half a guinea of the prisoner. I received it of the prisoner, and the first opportunity I had I delivered it to my master. I had kept it by itself. The prisoner has behaved very just before me. I never saw no otherwise by him.

John Croaker . I am one of the constables of Covent-Garden. I was sent for by Mr. Bill. The prisoner was ordered to take his money out of his pocket. Mr. Bill took up one shilling, which he thought was one of his marking.

Prisoner's Defence.

In regard to that shilling found among my own money, ask my master whether he did not give me one shilling and sixpence for the trouble I had been at in the club over night?

Bill to the question. I believe I did give him some money over night. The prisoner has lived with me a great while, and I have trusted him with large sums. If I had given myself time to have thought, I believe I should not have prosecuted him.

Acquitted .

256. (M.) James Stewart was indicted for stealing a brilliant diamond, value 21 s. a garnet shirt-buckle set in gold, value 10 s. the property of Mary Clark , April 4 . *

Mary Clark . I keep a jeweller's shop in the Strand . The prisoner came into my shop to buy a shirt-buckle: there was another man came with him. The prisoner took up one and put it in the hand of the other man. I thought by their behaviour they had a mind to rob me. I sent for Mr. Shotten, a neighbour, who came. I said they had got a buckle. The prisoner said he had it not. I put my hand in the cuff of his coat, and got hold of something, but cannot say what it was. The other man got out at the door and ran away. The prisoner laid hold of my hand, and forced it out from thence; but whether it was a ring or shirt-buckle, I do not know. After they were gone I found a diamond ring behind a chest in the shop. I missed a garnet shirt-buckle, which I never found again.

Mark Shotton . I live near Mrs. Clark. On the 4th of April she sent her servant to desire me to come to her shop, as she thought she had two bad men in the shop. I went in. She said she had missed a buckle, and she supposed the prisoner had got it. A constable was sent for, and he was searched. He twisted his arm away from Mrs. Clark, and in a minute after we found a ring; but I do not know how it came there.

Prisoner's Defence.

I had nothing at all. Whatever the other man did, I know nothing of. I served the hod for a plaisterer. I was going apprentice to my brother, who is a waterman.

To his Character.

John Stewart . The prisoner is my younger brother: he was absent from my mother about a day, and was along with a jeweller of bad character, named Stackhouse. As far as I can hear, he had made my brother a little in liquor.

William Stewart . I am brother to the prisoner. I am a shipwright's boat-builder. I never heard any body give him a bad character.

Joseph Love . I am a manson. The prisoner did work with me as a labourer. I never heard any harm of him.

Ann Haines . I keep a perk shop. The prisoner's father and mother lived in a house of mine. The lad has a very good character.

Acquitted .

257. (M.) William Hedges was indicted for stealing thirteen cloth waistcoats, value 20 s. and one coat made of silk, value 10 s. the property of Alexander Goodman , March 15 . *

Alexander Goodman . I live in Oxford-Road , and am a salesman . On the 15th of March, my wife and I had been out from about half an hour after seven till nine, and when I came to light a candle, I found one of my shelves in the shop stripped. I found the door open; but whether I locked it or not at going out, I cannot tell. There were missing one coat and thirteen waistcoats.

John Scott . I live in the same house as the boy at the bar does. I met him on the stairs with some clothes. I said I would call the watchman, and he threw them out at the window. I found one waistcoat dropped in the passage.

Q. How near do you live to the prosecutor?

Scott. We live in the next house to the prosecutor.

Q. to Prosecutor. Did you find your clothes again?

Prosecutor. I have them again. The man that picked them up is gone away. (Produced in court and deposed to.)

Prisoner's Defence.

I had a lap full of chips which a carpenter had made. I am but fourteen years of age.

Prosecutor. I heard his father and mother say he is turned of sixteen. His father is a carpenter, a very honest man.

Acquitted .

258. (M.) Barnard Maginnee , victualler , was indicted for stealing a promissory note, signed by himself, bearing date the 1st of March, 1769, for the payment of 3 l. 9 s. being due and unsatisfied, the property of Cornelius Dolting , March 25 . *

Cornelius Dolting . I had a note of hand for the payment of 3 l. 9 s. dated, I believe, the 1st of March last. It was for money I had lent to a coachmaker. The prisoner signed it as a joint note with him.

Q. What is the coachmaker's name?

Dolting. His name is Flannakin. I delivered the note to John Thomas , to go to the prisoner and receive the money; but he came back again and said he had lost the note. This was on the 25th of March, being quarter-day.

Q. What are you?

Dolting. I keep a public-house in Tottenham-Court road.

Cross-Examination.

Q. When did it become due?

Dolting. It was payable twenty days after date, to the best of my knowledge.

John Thomas . I received the note of Mr. Dolting last Saturday was a week, about two o'clock, in order to go to the prisoner to get the money for it. As I was going into the prisoner's house, the George in St. Giles's, I met him. I said to him, Is your name Maginnes? He said it was. I delivered the note to him. He looked at it, and said, Why could he not put his name to it? How long has this money been come due? I said, I would look and see. I was going to read it to him, when he snatched it out of my hand as soon as I had read the first of March, and refused to give it me again. When I asked him for the money, he said, I might get the money and be d - d: he would go and stay in the Marshalsea before he would pay a farthing.

Q. Did he deliver it to you again?

Thomas. No, I never had it again; neither has he paid the money.

Cross-Examination.

Q. Did not the prisoner ask you to drink a glass of gin?

Thomas. He did. After this, Mr. Dolting sent word, If he did not pay the money, he would arrest him.

Q. What did he say when you shewed him the note?

Thomas. He said, D - n the rascal, why did he not sign this note?

Q. Did you deliver the note to him?

Thomas. No, I did not; for he snatched it out of my hand.

Q. Did he not say he would go and enquire about the?

Thomas. his passion was over, he said he would go and enquire about it.

Q. Did he not desire you to sit down?

Thomas. No, he did not.

Q. Did he not bring the money afterwards?

Prosecutor. My wife told me he or some man had been there, to pay the money. Then I had been at Mr. Fielding's, but he not being at home, I went to Mr. Spinnage's.

Q. Are you willing to take the money now?

Prosecutor. I wish I had it.

Q. to Prisoner. Will you pay the money now?

Prisoner. Yes.

His attorney pays the money in court.

Acquitted .

259. (M.) Jane Dick , spinster , was indicted for stealing a piece of lawn, containing ten yards, value 12 s. the property of John Owen , privately in the shop of the said John , March 4 . *

John Owen . I live in New-Street, Covent-Garden . On the 4th of March, about four in the afternoon, the prisoner came to my shop for some lawn. She was very difficult, asked for several sorts, and looked over a great many parcels. At last she fixed upon one, and ordered me to cut some off. After that she went out of the shop. When she was gone, I looked to see if she had taken any thing. I missed a piece of lawn. I followed her into Bedford-Bury, and there I took her. Under her cloak she had the piece. (Produced in court.) It is my property, and was lying by her when she was in the shop. There are twelve yards of it.

Prisoner's Defence.

I am an unfortunate woman of the town. The prosecutor met with me in the street, and took me to the Turk's Head, in James-Street, where he treated me with wine. Some familiarites passing between us, and he having no money, ordered me to come to his shop. I came, and he gave me this piece of lawn.

Q. to Prosecutor. Was you ever in company with the prisoner at the bar at any tavern?

Prosecutor. This is the same defence she made before the Justice. Upon my oath I never was in company with her in any room but in my shop in my life. I never saw her but once before, to my knowledge, which was in my shop, and then I believe she robbed me. There is not a word in her defence true. I never was in a tavern with her; I never drank wine with, nor gave her this piece of cloth, or any thing else.

Guilty . Death .

260. (M.) William Garhwaite was indicted for stealing fifteen yards of printed linen for handkerchiefs, value 15 s. the property of Richard Walker , March 11 . ++

Richard Walker . I am a callico-printer , and live in Wandsworth. I lost two pieces of printed linen, containing thirty-five yards and a half, blue and white, on the 11th of March, and received a letter on the Thursday following, acquainting me that the person that had stolen them was in goal. I went in answer to the letter, and found it so; and a piece of cloth I found at Mr. Forrest's.

John Forrest . I am a pawnbroker, and live in Nightingale-Lane, Wapping. On the 11th of March, in the forenoon, the prisoner brought this cloth to pledge with me; and as he did not give satisfactory answers to my questions, I stopped him and the cloth, and Sir Robert Darling committed him. (Produced in court and deposed to by prosecutor.)

Prisoner's Defence.

I belong to a ship. A man asked me several times to go to his lodgings to fetch some linen. Our ship lay at Rotherithe. He lay in one hammock, and I in another. He called me out of my hammock to go and fetch it. We went to my house, where he desired me to stay. He was not gone above a quarter of an hour, before he came back: then we went to the place where the ship lay. She was dropt down to Deptford. Then said he, As I want to buy some trowsers and jackets, we will go over to Rag-Fair and buy them. When we got there, he said, I have got some handkerchiefs, and I want to sell or pawn them. He desired me to go into that gentleman's shop to pawn them. I went in, and the gentleman stopped me.

To his Character.

Robert Goodfellow . I live a Battersea, so does the prisoner. I never heard any thing amiss of him in my life before. He bears a very honest character. He is a man that will do a great deal of labour. He worked for Mr. Walker at this time. only he had been gone away about a week or a fortnight.

Q. How old is he?

Goodfellow. He is about thirty-eight years of age.

John Sadler . I live at Battersea. I have known him several years. He always bore a very honest character. He is a married man, and has a family.

Francis Parr . I live at Battersea. I have known him thirty years. He has a very good character.

Guilty . T .

261. (M.) John Lawrence was indicted for stealing a wooden box, value 6 d. one wooden trunk, covered with leather, value 4 d. five linen shifts, value 5 s. four linen caps, value 1 s. four handkerchiefs, value 1 s. half a yard of point lace, value 2 s. a scarlet cloak, value 5 s. and six pounds in money numbered, the property of Ann Burton , spinster , in the dwelling-house of the said Ann , Oct. 15 . *

Ann Burton . I live at Uxbridge. I lost a box, and the things laid in the indictment in it, (mentioning them by name) on a Tuesday night, the week before Uxbridge races.

Q. Did you ever find any of them again?

A. Burton. I found the things again (not my money) where they were sold in London.

William Hawke . The prisoner and I were going by Ann Burton 's house, about nine at night, some time about the time she says; she was lighting her candle; we saw her put it in a lanthorn, and go out (I believe to get something for supper); the prisoner said, Let's go in and take her box; I know there is money in it. I went in, and fetched it out, and he stood at the door the while. I delivered it to him, and he carried it to a place called Cowley-Field. There we broke it open. There were eleven pounds in money in it, four shifts, several handkerchiefs, a dozen caps, and a cloak. We sold the linen in Monmouth-Street all at once, and shared the money between us.

Q. When did you first make this dicovery?

Hawke. I made it about a fortnight ago.

Q. Was you taken up upon this?

Hawke. I was first taken up about a net and a handkerchief; then I discovered this, and several other robberies.

Q. Where did the prisoner live?

Hawke. He lived with his father, and is a day-labouring man at Uxbridge. The prisoner has since enlisted for a soldier.

Q. What are you?

Hawke. I was a gentleman's servant, but lately come from Bath, and out of place.

Q. Who sold the things?

Hawke. We were both together when we sold them.

Mary Laning . I first saw the evidence and prisoner together at the corner of West-Street, and they having some things to sell, I asked them where they were going to sell them. I said, My sister lives at the Golden Ball in West-Street, come over, and she will give you as much as any body for them.

Q. What is your sister?

M. Laning. She keeps a clothes shop. I brought them to my sister.

Dorothy Walton . I am sister to the last witness. I bought these things of the prisoner and the evidence Hawke. They came both together. We thought them two lads in distress. They said they were brothers, that their mother was dead, that she had been pilfered of most of her things, and that they had supported her all her life-time. I told them, God would bless them for being so good to their parents. (She produced an apron, a fearlet cloak, a shift, a piece of old point, four caps, and a handkerchief.) I bought about five shifts of them. I have sold some of the things.

Lanslet Walton. I am husband to Dorothy Walton . I was present when the two men brought the things. I am certain that Hawke is one of them, and, to the best of my knowledge, the prisoner is the other.

Prisoner's Defence.

I never saw the things in my life. I never was along with Hawke in London till after I had been a soldier. I never saw either of the women's faces till after I was taken up. I am in the third regiment of guards, in the second battalion.

To his Character.

Thomas Yates . I am a sergeant. The prisoner has been in the regiment about five months. When he entered, Hawke brought him to me as a recruit. His character has been very good since he been in the regiment. I did not know him before.

Guilty . Death .

262. (M.) John Fletcher was indicted for stealing a fishing net, value 10 s. the property of Henry Hankins , March 3 . *

Henry Hankins . I live in the parish of Denham, in Buckinghamshire. I lost a fishing net, on the third of March, out of a drying ground, in the county of Middlesex.

Q. What are you?

Hankins. I am a fisherman . My son can give a further account.

Q. What sort of a net was it?

Hankins. It was to catch jacks and trouts with.

Isaac Hankins . I am son to the procecutor. Digging in my father's garden, I saw three men coming down by the water-side. I thought, if they did not turn over a bridge that goes to Denham, they could be upon no good. I seeing them come by that, I took a stick and went after them. I saw them very busy with their hands down, and when I got about two or three hundred yards from them, I saw them go down towards some bushes. Then I had an opportunity to get farther on. I saw them just going down before. I jumped over the Ware-Gate, and passed Fletcher; then seeing William Hawke with his hand in his pocket, I thought he had got some fish about him. I called to him to stop. Fletcher said, What do you want with me? I said, I want nothing with you. Just before I got to Hawke, he took his handkerchief and wiped his face. I took hold of Lively. I could not get him on so fast as Hawke. I left him, and went on. Hawke threw some craw-fish down. I took up three. I found nine more. Lively came to us. I brought them all three to my father's. I got my father to acquit them. Going up to Denham, I advised them to pursue better ways. Lively had a little remorse of conscience, and said he would never be concerned with them any more. He added, Hawke said he would come and steal this net in the night. I let them go. I heard them go past me, and heard Lively say, Don't go any farther than the crawfish which I tied in the ditch. One of the others said, D - n it, I'll go and have the net that is worth 4 l. Going up the Moor, I met Thomas Gould , my brother-in-law. I sent him down to lie in wait at Cow-Moor gate for them. I went and found the net was gone; and as I was going along, I found Thomas Gould had taken Fletcher with the net upon him.

Thomas Gould . I was informed three fellows were come to rob the river; I went down after them, and found the prisoner at the bar with the net on his back.

John Lively . We were walking the Moor. I had catched a few crawfish, and coming down the Moor, Isaac Hankins , being angry with us, took hold of Hawke, but I ran away. When we came to Mr. Hankins's house, he forgave us. Then we went up to Denham, to drink together. As he was giving me advice, I told him the intent was to come in the night and get his father's nets. They told me I should come to no harm. I went, and when we came to the Moor, I said, Let us take the crawfish, and go home. They said, No, they would go for the net. They did, and as we were coming along, Thomas Gould took hold of Fletcher, who had the net on his back. Hawke and I got away.

Prisoner's Defence.

Thomas Gould asked me no questions: he came and hit me with a stick, and knocked me down. It is very false to say I had the net on my back. I go to day-labouring work.

Guilty . T .

(M.) He was a second time indicted for stealing a hempen sack, value 2 s. and one bushel of wheat, value 3 s. the property of Francis Gurney ; and

263. Thomas Fletcher , his father, for receiving the same, well knowing it to have been stolen , Dec. 1, 1768 . ++

Francis Gurney . I had a bushel of wheat in a sack in my waggon at Uxbridge some time about Michaelmas last, and in the morning it was gone. I do not know who took it. I know no more than what Lively told me.

Q. Did you ever find it again?

Gurney. No, I never did.

William Hawke . I, Lively, and John Fletcher , had been a fishing; coming home about eleven at night, some time in September last, we saw something in a waggon; we thought it was wheat; we went and took it, and carried it to old Fletcher's house; he said he would put a peck of his own wheat among it, carry it to Mr. Dagnell's mill, and have it ground. He carried it as he told me, and he did not chuse to grind it. It was left there a day or two, and examined by several gentlemen; afterwards he fetched it away again.

Q. Did you tell Thomas Fletcher how you came by it?

Hawke. We told him we found it.

Q. Do you think he knew how you came by it?

Hawke. I believe he did not.

Mr. Dagnall. I am a miller. I ground two or three bushels for Thomas Fletcher , the prisoner, that was leased wheat, and when he brought this bushel of wheat, there were some cockle and * rye among it, which was the reason I would not grind it. It was brought on a Monday or Tuesday, and he came for it on the Wednesday. I ordered my man not to do it.

* Farmers chuse to buy leased wheat of pour people to sow their land with, that being gathered by an ear at a time, it must be by accident if there is cockle in it.

Q. What was it in?

Dagnall. It was in a bag. I told him I thought he did not come honestly by it. He said his son John brought it to him.

John Lively . What should I be sworn for. I know nothing about it.

Court. You must be sworn.

Lively. I will not. I know nothing of it.

Court. You are to speak the truth, and nothing but the truth, and you must be sworn.

Lively. I know nothing about it.

Court. You must be sworn, or go to Newgate.

He is sworn.

Q. Do you know Hawke?

Lively. I have know him six or seven years.

Q. Do you know John Fletcher ?

Lively. I do.

Q. Upon your oath, was you, Hawke, and John Fletcher , out a fishing together in September last?

Lively. We have been together a fishing several times.

Q. Do you remember your coming home from fishing, and seeing a waggon standing at Uxbridge?

Lively. Yes; I have seen waggons there.

Q. Do you remember any of your company going up into a waggon, and seeing some wheat there?

No answer.

Q. Why do you not answer?

Lively. I have nothing to answer.

Q. Will you answer the question or not?

Lively. No.

Court. Then take him away: let him stand committed to Newgate. (He was taken almost out of Court.)

Court. Bring him up once more. (He comes and stands up again.)

Court. You may offend with your eyes open; you will consider whether you will go to Newgate, or answer such questions that are put to you. You are obliged to say nothing but the truth, but you must answer the question. Do you remember either of you finding a bushel of wheat in that waggon?

No answer.

Q. Will you answer, or will you not? No answer.

Q. Will you answer, or will you not? We do not sit here to be trifled with.

Lively. I will not.

Court. Then let him stand committed, according to his former order.

John Fletcher's Defence.

I have nothing to say.

Thomas Fletcher . The same.

Lively: returned with the Officer.

Officer. Lively is returned again, and desires to speak now.

He stands up.

Q. Tell me who has persuaded you to stand out thus.

Lively. Nobody, upon my honour.

Court. You are upon your oath. Are you now willing to answer, whether you, Hawke, and John Fletcher , know any thing of a bushel of wheat that was in that waggon?

Lively. Y - es.

Q. Who took it out of the waggon?

Lively. One of us took it down; but I cannot say who.

Q. What did you do with it?

Lively. We carried it to John Fletcher 's father.

Q. Which of you carried it?

Lively. I believe I carried it myself. We set it down, and left it there.

Q. Do you know what became of it afterwards?

Lively. John Fletcher 's father carried it to Mr. Dagnall's mill.

Q. How do you know that?

Lively. The father told me so.

Q. What kind of a sack was it in?

Lively. That I do not know.

Q. Did you see it at the father's house afterwards?

Lively. I did, and he said Mr. Dagnall would not grind it.

Q. Had you any share of it?

Lively. No, I had not.

Q. Then how came you to take it?

Lively. Why - out of fun.

Q. Now, if you expect not to go to gaol, tell me how you came to tell me you would not answer.

No answer.

Court. Depend upon it you shall go to gaol tonight.

Lively. Nobody persuaded me.

Court. Then how came you to do it?

Lively. I - I - was loth he should be cast.

Q. Have you any friends?

Lively. Yes.

Q. Have you any body here that will be bound for your good behaviour?

Lively. No.

Court. You must stand committed till you find sureties for your good behaviour, yourself in 40 l. and two sureties; of 20 l. each. (He is committed.)

Both acquitted .

Lively had, among other felonies, not only confesse d this fact, but given it to the Justice in his own hand-writing.

264. (L.) Mary Clark , spinster , was indicted for stealing a pewter quart pot, value 10 d. the property of Isaac Prichard , March 18 .++

Isaac Pritchard . I am a publican , and live in Fetter-lane . On the 18th of March, in the evening, the woman at the bar came to my house; she and another woman had a pint of beer; as she was going out, a little boy called to me and said (she was then in the passage) Here is a woman has got a pot in her pocket. I asked her if she had; she said, No. I searched her, and found one of my quart pots in her pocket. She said she found it coming from Goughsquare.

Prisoner's Defence.

I was going by the corner of Mr. Pritchard's house, and there I found the pot in the street.

To her Character.

Ann Ellis . I have known her seven years. She goes out a washing and scowering. She has a very good character.

Guilty . W .

265. William Baker was indicted for the wilful murder of Joseph Curtis . He also stood charged on the coroner's inquest for the said murder, March 23 . ++

John Palmer . I am a peruke-maker, and live in Duke-street, Grosvenor-square. On Thursday, the 23d of March, Joseph Curtis was at my house, he went from thence between six and seven, and in about a quarter of an hour after he came back again with his hand on his left side. He unbuttoned his waistcoat, and pulled off his coat and waistcoat; his shirt was bloody, and his hand full of blood. I asked who had done that? He said they were grinders ; they have done for me. I went out directly, saying I would go and see after them. I went to Mr. Wild's house, at the corner of Little Duke-street ; they had ran backwards into the yard, where they were soon found. After we had secured the prisoner and his brother, we took them before Justice Spinnage; there they were examined, and searched. There was a knife found upon the brother, but none upon the prisoner. The surgeon sent his compliments to the Justice, and desire; the prisoner and his brother might be brought to Mr. Curtis's house. I went with them. They were brought to the deceased's bed side; (it was upon a ground floor in a parlour;) the curtains were undrawn; it was a buroe bedstead, intirely open, so that the person in bed might see the two men. Somebody desired they might be brought closer; upon which they were brought close to the bed, when Major Spinnage desired the deceased to touch the man that stabbed him, and the deceased touched the prisoner at the bar with his right hand. It was bloody. He said, That is the man that stabbed me. The prisoner said, I am innocent, do not go to take an innocent man's life away. Mr. Spinnage asked the deceased, whether he would take his oath of it, as he hoped to go to heaven when he died. He answered, Yes. There was a book put into his hand, and he swore it.

Q. Did you know what he meant, when he answered your question, by saying the grinders?

J. Palmer. Yes; the prisoner and his brother had been about the streets grinding a day or two.

Q. Had you ever seen them before?

J. Palmer. No.

Q. How long did the deceased live after this?

J. Palmer. He lived from the Thursday night till about ten minutes after two on the Sunday morning following.

Q. Did you see him after the Thursday night?

J. Palmer. I saw him on the Friday morning; I believe it was about eight o'clock; he said then they had done for him; they had done his work.

Q. Did he go into particulars?

J. Palmer. No, he did not.

Q. Did he say they had done for him?

J. Palmer. No, he said he (meaning the prisoner) had done for him.

Q. Did anybody in your hearing ask him what had led to this unhappy accident?

J. Palmer. No.

William Palmer . I am son to the last witness. Mr. Curtis came into our shop with his hand on his side, and said, They have done for me! I said, God bless me! what is the matter? How came this? O! said he, for God's sake go and fetch somebody. I ran out for a surgeon, and the surgeon came in about ten minutes. Mr. Curtis was in our shop when he came. He lay upon the ground with his clothes off. He was carried home on a chairman's horse, and put to bed. The surgeon desired another surgeon might be sent for. Mr. Thompson the surgeon sent to Major Spinnage , desiring the prisoner and his brother might be sent there, to see which of them it was that had stabbed the deceased. The prisoner and his brother were brought up close to the right side of the bed where Mr. Spinnage's clerk, Mr. Jones, and several other persons were.

Q. Tell exactly what past, as near as you can recollect.

W. Palmer. Mr. Spinnage said to him, Pray, Mr. Curtis, which of these men is it that gave you this stab? The deceased held his right hand out to the prisoner, but I do not know whether he quite touched him or no. He pointed to him with his bloody hand, and said, That is the man in the blue apron. It being candle light, he said presently after, I beg pardon, Mr. Spinnage, it is the man in a green apron. (The prisoner had a green apron on.) Blue and green are very easily mistaken for each other by candlelight. Mr. Spinnage said, Are you sure and positive this is the man, as you hope to go to heaven if you depart this life? He answered, Yes.

Q. Did you see him any time after this?

W. Palmer. Yes, I was with him on the Friday evening.

Q. Did the deceased enter into any particulars?

W. Palmer. No.

Q. Did you see him afterwards?

W. Palmer. I saw him on the Saturday. I went to take my leave of him. I laid hold of his hand, and said, Mr. Curtis, God bless you. He said to me, God bless you. That is all that past then.

Major William Alderton . On Thursday, the 23d of March, I was spending the evening with Justice Spinnage, when the prisoner and his brother were brought in. A little after seven o'clock, a message came from Mr. Thompson, the surgeon, desiring they might be brought down, and that Mr. Spinnage would come and take the deposition of the dying man, the surgeon having said the wound was mortal. Upon seeing the coat and waistcoat that were brought to the office, I thought it was a very bad affair, there being two stabs on the left side of the coat and waistcoat.

Q. Do you mean a stab through the coat, and another through the waistcoat only?

Mr. Alderton. There were two separate cuts; one above the other; one not so deep as the other. There had been two stabs. I went with Justice Spinnage to the house, but I do not know the name of the street. The deceased lay in a buroe bedstead, with the head turned to the door. Major Spinnage desired the two men might be put to the end of the bed, between the foot and the side (it was a very small bedstead) as close as they could be. I stood near the Major, and the prisoner and his brother were next: they were handcuffed together. I said to Mr. Curtis, The surgeon has pronounced your wound mortal, in a very few hours you will be before your Maker, point out to me which is the man that did you the injury. Upon which he drew his hand from under the bed clothes, and pointed to the prisoner, and said, That is the man that stabbed me. I again desired him (as he seemed very sensible, but in a languishing condition) to take rest, and point out to me the person again. Upon which he pointed to the prisoner again, and said, Him with a blue apron (as he took it to be); and more particularly he said, It was a man with one eye. Upon which I desired the people to take notice. (The prisoner has but one eye.) After that the deceased very earnestly desired the prisoner might be let go, saying he was innocent, and had done him no harm, for it was the other that stabbed him. I turned round to see the information that was preparing, something having past that I did not hear, when the prisoner desired the deceased to forgive him, and offered to kneel down with his hands together. The deceased said, God forgive you, but I cannot; you are the man that stabbed me! The information was then brought for the deceased to sign; but he was so weak, I was desired to give way for Major Spinnage 's clerk to bring the book for him to sign. I moved away for the book to be laid under him, and the information was signed by the dying man, by his making a mark upon it; and afterwards he was sworn upon it. I desired the witnesses to take notice of every thing that past, as I was sure I should never see the deceased again. I was very cautious in every act I did.

Q. When the deceased pointed to the prisosoner first, do you recollect what the prisoner said?

Mr. Alderton. The prisoner said he was deaf, and what he said was repeated to the prisoner. Then he said, He was not the man, he was innocent. As Mr. Spinnage is a major, and so am I, I see some have mentioned questions as asked by him, which I asked.

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

Mr. Alderton. This is the information. I saw the deceased make this mark upon it. ( Pointing to it.) He could not support his hand to make a cross, so he made this long mark.

Q. Are you sure he was sensible when he made this mark?

Mr. Alderton. He was as sensible as I am of every circumstance I had been speaking of. I take it from his pertinent answers, from his behaviour, and from his asking for something to drink after he had signed. He shewed thro' the whole that he was sensible.

Q. How long might the prisoner be in the room with the deceased?

Mr. Alderton. It might be altogether about twenty minutes, while the information was taking, and these questions asked.

Q. to John Palmer . How long did you stay in the room with the deceased?

J. Palmer. I stayed in the room till the information was signed.

Q. Do you remember any thing of the prisoner clapping his hands together, and desiring the deceased to forgive him?

J. Palmer. I remember any his clapping his hands together, and saying, I am as innocent as the child unborn. I cannot say I took any notice of his asking the deceased to forgive him.

Q. to William Palmer . Do you recollect the prisoner asking the deceased to forgive him?

W. Palmer. I remember he kneeled down, and said he was innocent. I was behind the bed; therefore though I could see him, yet I could not hear every thing. I saw his mouth go, but could not hear all he said.

William Jones . As I was coming from Grosvenor-Square I heard a noise, and presently was informed Mr. Curtis was stab'd, Having a brother-in-law of the name, made me enquire into the matter. I went, and saw the prisoner and his brother were in a crowd, who were going with them to Major Spinnage 's. I took them both in custody at the Major's office door. They were examined separately, and both declared they were innocent. In the interim Mr. Curtis's man brought in a bloody coat and waistcoat, with a message, desiring the two prisoners might be brought to the deceased. I took them both to Mr. Curtis's house in Heart-Street, by Grosvenor-Square. When we came in, Mr. Curtis was groaning in great agony. I went up to him, and said, Sir, which is the man that stabbed you? (The two brothers were in the room, but not close by the bedside.) He pointed to the prisoner, as I thought, and said, That is the man in the blue apron. I knowing it to be a green one, said, Come close to the bedside. Then I said, Mr. Curtis, put your hand upon the man that did it. He put out his hand from his left breast, all over bloody, and put his hand on the prisoner's left-hand, and said, That is the man that stabbed me.

Prisoner. He never touched my hand; he put his hand upon my coat.

Q. Was he sensible?

Jones. He was sensible. After this was over, I stood behind; there was a great crowd. To be convinced that he was sensible. I went to him the next morning, about seven o'clock, and asked him how he did; he said he was very bad. I asked him if he knew me; he said, Yes; you belong to Sir John Fielding .

Q. Did you know him before?

Jones. I do not know that ever I saw him before.

Q. How came he to know you belonged to Sir John Fielding ?

Jones. I believe somebody told him so when I brought in the prisoners. I saw him on the Friday night, and on the Saturday, when he was going to receive the sacrament. When I went away, which was before he had received it, he thanked me for the trouble I had been at, and said, Fare you well! God bless you, for what you have done for me. He said, May God forgive him as freely as I do, for I freely forgive him from my heart.

Henry Rudd . I am clerk to Major Spinnage . A person came to our office, and told me a man had been stabbed. I said, Is the person taken? he said, Yes; they are coming up. The prisoner and his brother were brought in. I believe the Major was then in the back parlour. There was a little short knife taken out of the prisoner's brother's pocket, but there was no appearance of blood upon it. While the Major was examining them, a message was brought from Mr. Thompson, desiring the Major would let the prisoners come down to the person that was wounded, for he was then in a state of sensibility, to discover the person that had stabbed him. They were carried there, and placed by the bedside, as has been mentioned. The question was asked Mr. Curtis, If he knew the man that stabbed him? He said, That is the man that stabbed me: pointing to the prisoner.

Q. Who asked the question?

Rudd. I cannot say who asked it.

Q. Was the question, Which of the prisoners? or, Who stabbed you?

Rudd. I cannot be sure which. They then were removed as nigh the bed as they could be, in order to be more clear, and the question was asked again; then the deceased put his hand out, (if he did not touch him, he was very nigh touching him) and said, That is the man. I took a short information of what be said; then I read it over to him as distinctly as I could: I then asked him if it was true; he told me it was. I said, He must be very particular, because here were two brothers changed. I asked him, Whether John Baker , the brother, was any way assisting in giving him the stab? he said, No, he was not. Then I asked him if he could sign that information; he said he could not write his name, but he would endeavour to make a mark. I was sitting on the bedside at the time, when he made his mark. (He takes it in his hand.) This is the information. Major Spinnage asked him if that was his mark; he said it was. He asked him if he had heard it read over; he said he had. He then asked him if it was true; he said it was; and then the deceased swore it. The Major administered the oath to him, and he kissed the book. I then proceeded to write the mittimus.

The information read in court to this purport:

"The information of Joseph Curtis , taken

"upon oath before me, one of his Majesty's

"Justices of the peace for the county of Middlesex,

"the 23d day of March, 1769, &c.

" Joseph Curtis , of Hart-Street, Grosvenor-Square,

"now sensible, and supposed to be

"mortally wounded, maketh oath and says, A

"person now present, who calls himself William

"Baker, was the very person that stabbed

"him with a knife on his left side, of which " he languisheth: and this deponent farther

"says, that another person, who calls himself

" John Baker , was no way concerned in giving

"him this wound.

"Signed with the - (Mark of) JOSEPH CURTIS ."

Daniel Walden . On the 23d of March I had been in the country, and came back to the Running Horse. The person that keeps the house said, There had been a bad accident happened; young Mr. Curtis, the tinman, has been stabbed. I went to the door. Mr. Palmer was there. I went into his shop, and there the deceased lay on the ground all bloody. I said he should be got away. There was a chairman or two, so I helped to carry and lay him on a chairman's horse, and he was carried to his father's house in Hart-Street Grosvenor-Square. We took him from the horse and laid him on a bureau bedstead; it stood with the head towards the door which we went in at. The surgeon examined the wound; it was upon his left side; he probed it. I apprehended it to be about four inches deep. After he had laid still a little while, one that was by, and I myself, asked him, If he could know the person if he saw him that gave him this blow or wound; he said, Yes. Upon that, by the desire of some gentlemen that were in the room, the prisoner and his brother were sent for.

Q. Did you know that they were in custody?

Walden. I had heard they were taken up; and it had been told to the deceased in my hearing, that they were taken up and gone to Justice Spinnage's, by the description of being grinders. The prisoner and his brother were brought in; and I thinking they stood too near the head of the bed, I said, Do not do so, take and set them towards the feet, that he may have a full view of them. Upon which they were brought towards the feet, near the fire-place. After some time, I said, Mr. Curtis, was either of these men the man that gave you the blow or wound? His answer was, Yes. Upon which I said, I would have you be very particular and clear, as you may b e upon a dying bed; and farther I asked him, Which was the man? He with his right hand pointed towards the prisoner on the right. They were hand-cuffed together. I said, What, the man on the right? He said, Yes. What, said I, the man with one eye? He said, Yes, that is the man. Upon which they were brought nearer to the deceased; then it was asked by a gentleman, whether he was clear, and sure, he was the man, mentioning to him the consequence of being uncertain in taking an oath. I do not know that I saw him touch the prisoner, but he was within a very little of touching him, and said, I am very sure that is the man. Upon which Justice Spinnage swore him. I asked the prisoner to confess, and to speak the truth, whether it was him or not. Upon which he went down upon his knees, expressing he was as innocent as the child unborn. This is all I can relate as to what arose that night. The next morning I visited the deceased, but he could not talk then: I went to him twice after, that was on the Friday and Saturday mornings. One of the mornings I asked him again how the affair appered; he said, There were two men that went about grinding scissars and razors, or things of that kind, which he saw using a countryman ill, and he said, How can you, or are you not ashamed to use the countryman so ill? You ought to be licked, and if I had you here, or had hold of you, I would knock your heads together. I asked him what ensued upon that, and he said the man with one eye gave him a blow on his side with a knife or instrument. I cannot be certain which day it was that he mentioned this. I visited him again on the Saturday night; he was then very sensible and very chearful, and said he was very contented to die, which would not be long before he did. I was with him till his decease. I was not with him when he received the sacrament. He said more than once that he forgave the poor man; adding, God forgive him, for I forgive him. When the surgeon and apothecary came in, there was a whispering that he said, I do not want to be slattered; I know I shall not be long here; I want to go to Jesus Christ. I believe he was fully in his right mind, as any gentleman here, both then, and at the time he charged the prisoner. I am quite clear in it.

Joseph Wild . I live and keep a public house in Oxford-Road, at the corner of Duke-Street. About seven o'clock that evening, the prisoner and his brother came into my house. There was a great mob at the door. As I went to shut the door, one of his brothers threw something out of his hand into the street. Young Mr . Palmer said, Let me in; you know me. The mob cried, There are two men in your house that have stabbed a man. The prisoner and his brother were sat down in a box, and I desired them to walk out peaceably; which they refused. The people at the door said they had stabbed Mr. Curtis. Then I opened the door, when three or four of them came in, and took them away. I went afterwards to Mr. Curtis's, and heard him say, That is the man, who has but one eye, that gave me the wound. I believe I have seen the prisoner four times before; his brother I never saw, to my knowledge. They had been both at my house that day, in the afternoon, about five o'clock, and had two pots of beer, and a quartern of rasberry brandy. There was a countryman with a wallet with them.

Jones. It was strongly reported that they were about trepanning the countryman to enlist into the East-India service, which occasioned the uproar.

Mr. Curtis. I am father to the deceased. As long as he was in his senses, he said it was the prisoner that gave him the stab; and he was as sensible, I believe, as any gentleman here, as long as he could speak, which I believe might be within an hour of his death.

Mr. Thompson, the surgeon, gave his evidence follow, it was impossible for the short-hand writer to hear so as to gave it to the public in his own words: but this in general can be ascertained, That he found a very dangerous wound on the deceased's left breast, between the second and third rib, which received the whole length of his probe, and that when he opened the body afterwards, he found there was a wound above two inches deep in the lungs; which wound, he made no doubt of, was the occasion of his death; and that from the first of he his attending him, to the last, he was very sensible.

Thomas Hawes . I am hammer-man to a blacksmith, and work in Little George-Street, Grosvenor Square. When we went into the alehouse to take the two brothers, one of them said, Don't lay hold of me, it was not me: if it was one of us, it was my brother. When I first saw them, the boys were hooting them down Great George-Street, saying, They had used a countryman ill.

Prisoner's Defence.

As my brother and I were going to put my barrow up, a person brought me out a razor to grind; I ground it, and carried it in; they then gave me another and a long clasp knife to grind. When I had begun upon the razor, who should come but a countryman with some corks; he and I were brought up in the same place in the country. He said, I have not seen you a good while, if you will go back to the Quebeck, I will give you part of a pot of beer. I set my barrow up against the wall, took the razor and knife in my hand, and went with him. He called for a pot of two-penny, which we drank: I then called for another pot of beer, and two penyworth of bread and cheese; saying, As you have been so good as to give me part of two pots of beer, if you will go back with me (I had then not a farthing) till I take my money for these things, I will give you part of a quart. We went back, when I had ground the razor and knife, and took 5 d. for them. I went a little farther, when a tripeman called me, and gave me two knives to grind. As I was doing them, the young countryman and my brother came to Mr. Wyld's, where they had a quartern of rasberry brandy. I took my barrow through Mr. Wild's house, and put it up. After it was in the yard a man brought me a small pair of scissars to grind; I ground them, for which he gave me twopence After that the countryman and my brother broke the crank of my barrow. I having but eightpence in the world, I said, I hope you would pay for the mending it; they said they would. I carried it to a smith, he mended it, and charged a shilling. Then the countryman said he would not pay a farthing, and began mobbing the smith, saying, He could have had it done for twopence or threepence in the country. I told him, If he would pay sixpence, I would pay the rest; but he would not pay a farthing. I could not help crying, having nothing to get my bread with. I hit him a blow, upon which he hallooed out murder. There were a great company came about us. He told them, I was putting upon him; the mob sell upon me directly, in throwing of stones and brickbats, and some hit me with their fists before I could make my escape into the house. They threw great bricks after me into the house. My brother took up one, and threw it out at the mob again. While I was there, they said there was a man stabbed. They came and took hold of my brother and me. I knew no more, when they came to take me, what it was for, than the child that never saw a man in it's life. They took me to Mr. Spinnage's, where I was searched, and this eightpence found upon me, and an old pair of rusty scissars. I knowing nothing of the stabbing the man.

For the Prisoner.

John Baker . I am the prisoner's brother. When we were in at Mr. Wyld's, the mob threw a piece of brickbat in after us. I took it up, and threw it out again. (The account he gave exactly corresponded with the prisoner's defence.)

Mary Warton . I live just by Mr. Wyld. I saw Mr. Curtis strike the grinder two blows on the head with his hand, but did not hear what either he or the grinder said. There was a great mob both of men and boys. I never saw the prisoner and his brother before in my life. There was a cry, in about five minutes after, that Mr. Curtis was stabbed.

John Alexander . I am a grocer, and live two doors from Great Duke-street in the road. About seven o'clock that evening, as I was standing at my door, I heard a great noise in Great Duke-street. I came to the corner, and stood by the White Hart sign post. Just as the people past me, I saw the deceased strike a man two blows on the head with his hand; there were some words passed at the time. As soon as Mr. Curtis had struck, they moved forward, and as they moved, Mr. Curtis followed them, to go across the road, and about the middle of the road, as near as I can guess, the prisoner turned again upon Mr. Curtis. (This was after they might have been got ten yards.) I thought they had been going to fight. I could not conceive what was done, because people were round them. I turned and went in at the door directly; soon after I heard Mr. Curtis was stabbed. I did not see one person else use their hands. I take it the first blow was with the flat of his hand, the other with his fist.

John Davis . I am the prisoner's brother-in-law. I never knew him in any wrangle in my life before this.

Elizabeth Powel . I have known the prisoner sixteen years. I never knew nothing but honour and civility by him.

Q. from Prisoner to his brother. Did you hear me ask the deceased's pardon on my knees?

John Baker . I remember he put his hands together, and said he was innocent.

Q. Did you hear your brother say any thing about hoping he would forgive him?

J. Baker. He put his hands together, and said something, but I do not know what it was.

Guilty of Manslaughter . B . Imprisoned .

266. (M.) Richard Brace was indicted for forging an indorsement, the name Hugh Lewis , on the back of a promissory note, which was for the payment of 9 l. 16 s. 6 d. with intent to defraud Owen Owen and Peter Foot , Feb. 14 . ++

Owen Owen . I am a linen-draper , in partnership with Peter Foot . We live in Holborn . The prisoner came to our shop in February; I do not know the exact day, but the banker's book has it the 14th; when he said he wanted a piece of cloth, and told me he had a note which I must give him cash for. I seeing it a banker's bill, thought it a good one. I said, If you call in an hour's time, I will give you the money, if it is a good one. It was a note for 9 l. 16 s. 6 d. I sent one of our clerks to the banker, and he received the money for it. The prisoner called again in about an hour and a half, when I gave him the cloth and the difference in money. I saw it was indorsed, and made payable to the Rev. Hugh Lewis ; that was the name on the back of it, and signed Thomas Rogers . This is the note. (Holding it in his hand.) The name, all but Th, is torn off. The prisoner was taken up about a fortnight ago. I am very clear he is the man.

John Willes . I live with Mess. Foot and Owen. I carried this note to the banker's, in February, for payment: there was the name Thomas Rogers on it then. I received the money there and delivered it to Mr. Owen. I saw the person at the banker's tear the name off.

It is read to this purport:

"No 33. I promise to pay to Mr. Hugh

"Lewis, or order, on demand, 9 l. 16 s. 6 d. Feb.

"10, 1769, for George and Thomas Welch and

"self.

"THOS. ROGERS."

Thomas Rogers . I am a banker, and in partnership with George and Thomas Welch . (He takes the note in his hand.) Undoubtedly I signed this; it is usual, when the notes are paid, to cancel the name. The body of it was filled up by John Holding , one of our clerks.

John Holding . I filled up this note, and Mr. Rogers signed it. I have no doubt but the Th is his hand writing. I constantly deliver all the notes to him to sign that I fill up.

Mr. Barnes. I am a broker, and live in Pope's Head Alley. I transact business for the Rev. Hugh Lewis . I have purchased stocks for him three times. There was an account between us of 19 l. 16 s. 6 d. I inclosed a 10 l. post bill, and took a note on my banker for 9 l. 16 s. 6 d. payable to the Rev. Hugh Lewis , or order. I inclosed them both with receipts for 300 l. stock in a letter to Mr. Hugh Lewis , sealed the letter up, and gave it to my clerk to the Post-office. The very next day I received a letter from him to lay out 200 l. more for him, and, upon the turn of the post, I received a letter from him, that he had received my second letter, but not the first, (that I was these I have here mentioned); then I went to my banker, and found the note had been paid within four or five days after the date of it. I was shewed it. It was indorsed Hugh Lewis , which was not on it when I sealed it up. This is the very note. I have seen him write. I believe it is not his hand-writing. It has not the least similitude of his hand-writing. Mr. Owen told me he had received the money for it. The prisoner was brought to me after this by Mr. Matthew Fretwell , in order to raise money by virtue of this receipt, which I inclosed with the note. I asked the prisoner how he came by it; he said he took it of a person who called himself Hugh Lewis , and that he met him at the White Horse Cellar, Piccadilly. He said he sold him hops to the amount of 50 l. that were deposited in a warehouse at Bristol, and that person gave him the order to receive 150 l. and I think he said he was to give the balance to this Mr. Hugh Lewes when he met him in town again. This he said in the office, and afterwards he said the same before Lord Sandwich, at the Post-office. After that I took him before Sir John Fielding ; Sir John asked him whether he knew any body in Holbourn; he said he did not. Then he asked him if he had not been there at a linen-draper's, and bought some linen; he denied that. Sir John asked him, whether he had ever negociated a note there; he said he had not, and that he had no dealings with any body there. I have seen Mr. Lewis write three times at the Bank in the acceptance of stock. I believe this indorsement of his name is not his hand-writing. It is not like his writing.

William Parker . I live in Lion's-Inn. I know the Rev. Mr. Hugh Lewis . I have seen him write. (He looks on the name of the indorsement.) This has no resemblance of his hand-writing.

William Benge . I am servant to Mr. Barnes. I know my master corresponds with the Rev. Mr. Hugh Lewis by letter. I carried a letter from my master directed to him. I saw the letter made up, about the 10th of February. There were a 10 l. Bank post bill, a note of 9 l. 16 s. 6 d. and a receipt for 300 l. Bank stock put in. I saw them put in the letter, and sealed up. (He takes the note for 9 l. 16 l. 6 d. in his hand.) I know it was upon Mess. Welch and Rogers. I cannot say this is it. I did not take much notice of it. I went with it to the Post office. There was nobody at the window to receive it. There were other letters lying on the window. I stayed there five minutes. I saw none of them taken up. I put the letter I carried out of the reach of any man's arm, and went away.

Prisoner's Defence.

I deal in cyder; I sold a cask of cyder in London, two years ago this spring; it was to be shipped off for France directly. The man gave mean order to go to Westminster bridge to receive an order for the money. I could not get my money of him. I never saw him after till last February. As I was coming down Oxford road, I met a man, whom I thought was him; I turned round, and asked him for my money for the cyder, and was very urgent for it. I took him to the Buffalo's head; and he there gave me the banker's note. I looked and saw the indorsement on it, and I gave him the remainder of the money. I then came down to the linen-draper's, bought a piece of cloth, and he gave me the overplus of the money. As to the other paper that I carried to Mr. Fretwell, that I took at the White-horse, Piccadilly, of a man that came from Bristol. I met him, and he asked me if I had sold my hops that I had at Bristol; adding, that he should go out of town in a litle time, and if I would meet him at the White-horse, Piccadilly, perhaps we might agree for them. I met him there, when he showed me the paper, and said it was a good note; and that his name was Hugh Lewis . I took it, it was for 270 l. and I gave him on the balance a note for 150 l. to be paid in Bristol. He agreed for the hops for 43 l. so that in the whole it amounted to 193 l. I was to pay it either in Bristol or London.

To his Character.

Thomas Rudd . I am a wharsinger. I have known the prisoner three years. I took him to be a sober, honest man.

William Holding . I live in Devonshire. The character that I have heard of him, is that of an honest man.

Robert Jefferson , servant to Mr. Rudd, said the same.

Catharine Gilmore . I live in the Birdcage-alley, in the Borough. I have known him five years. He is a cyder merchant, and a very honest man.

Guilty . Death .

267. (M.) John Gyles was indicted for committing a rape on the body of Ann Wallis , spinster, an infant eight years of age , March 15 . ++

The child was examined, but not upon oath; the account she gave was short of proving the fact.

Acquitted .

268 (L.) Thomas Brayne was indicted for publishing a certain wicked, false, scandalous and malicious libel, called The North Briton Extraordinary, intending to cause to be believed the administration of public justice had been injured by Lord Mansfied, and to bring his lordship into contempt; and to raise in the minds of his Majesty's subjects unreasonable and groundless fears concerning the state of this kingdom , Jan. 21 . *

Nath. Crowder. I have bought several North Britons of the prisoner in Holbourn . I believe I knew him from the first of the North Britons being published there. I bought of him every week since they were published there. I bought this there (holding one in his hand) the 21st of January, 1769. It is The Extraordinary North Briton, the date of it is January 21. I never bought any but of him. I have seen a person with him at the first beginning, he was called More. (The paper delivered in.) This is my hand-writing, being the time I bought it. The prisoner lived about two doors lower than Hatton Garden. (Part of it read in court.)

"The Extraordinary North Briton, by W. B.

"No. 37. To be continued weekly, Saturday

"Jan. 21, 1769. To the author of The Extraordinary

"North Briton.

"SIR,

"Lord Bacon says, of all history biography

"is the most profitable and useful; and I may

"add, that of all lives, those of lawyers are

"not the least interesting: and of all lawyers,

"that of lord chief justice Holt is, perhaps,

"most worthy to be transmitted to posterity.

"There never was an abler, more unbiassed and

"upright judge since England was a nation.

"His life is interesting to every individual, who

"sets the least value on the security of his liberty

"or property; I therefore send it to you

"as a proper subject for one of your papers;

"and beg leave to recommend a serious perusal

"of it to Lord Mansfield, who has long disgraced

"the administration of public justice in

"this kingdom." And farther on,

"Heaven

"send us a Holt! and hell - take what's thy

"due, for justice is now perverted! and I will

"pronounce that this nation is hastening to its

"ruin."

William Bibins. I bought an Extraordinary North Briton of the prisoner at No. 55. in Holborn. There was no person in the shop besides him when I bought it. It was the day it was published, the 21st of Jan. last. (Produced in court.) It was No. 37. &c. (Read in court, the same as the former.)

Richard Sharp . I let part of a shop in Holborn to Mr. More.

Q. Had you any doubt in your mind that Mr. More was not free of the city?

Sharp. I once asked Mr. Brayne if he thought Mr. More was free. He said he believed not, but he said, he himself was free, and as a servant he could sell. When Mr. More took the shop of me, he told me he should put in this person as a servant: he did it. I believe he ignorantly sold them all along. Mr. More is not a man of good character, he used to come sometimes in the evening. I believe he will never come any more.

Q. from Prisoner. Do you know the reason of Mr. More's keeping out of the way?

Sharp. He was fearful of being arrested by Mr. Curtis. As for the prisoner, I think he knew nothing of the matter, he was hired by Mr. More at 14 s. a week. I do not think he was any ways concerned.

Q. Whether you yourself have not heard him speak of this particular North Briton?

Sharp. Yes, I believe I have. He said, I believe the day of publication of it, he did not see that it was a dangerous one; he hoped there was no danger in doing it. He did it ignorantly, I am very sure.

Q. Can he write or read?

Sharp. I believe he can.

For the Prisoner.

James Stevens . I am a mercer in New Bond-street; I have known the prisoner near twenty years; he is a very harmless quiet man. I do not think he would be guilty of publishing a libel against Lord Mansfield, if he knew it. When he engaged himself to Mr. More, he was in great distress; he must have starved, if I and a relation had not relieved him. He has been guilty of some little indiscretions in relation to women, and his friends have turned their backs upon him. He engaged in this to keep himself from starving.

Joseph Stevens . I am uncle to the last witness. I am a mercer. I have known the prisoner fifteen or sixteen years; he has the character of an honest man.

William Macock . I am a servant at the coffee-house in St. Paul's church yard. I was servant to Mr. More the time the prisoner was. Mr. More told me the prisoner's wages were 14 s a week. Mr. More came to me and asked me if I was free of the city. I said I was not. He said he wished I was, for his man (that was the prisoner) and he had quarrelled. The North Briton is published still very constantly. I have seen Mr. More write them. I have fetched them from the press for him, and have fetched paper for the printing them from the stationers.

Acquitted .

George Tremble , capitally convicted in February sessions, was executed on Wednesday the 15th of March.

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

Received Sentence of Death, Six.

George Williams , John Evans otherwise Dyer, Joseph Dobbins , Jane Dick , John Lawrence, and Richard Brace .

Transportation for seven years, Twenty-Three.

Jacob Moses , Elizabeth Evans , John Davis , George Reynolds , Samuel Mordica , James Lawrence, Samuel Aldsworth , John Swift , John Lane, Wm Houten , Ann Burth, Susanna Williams, Tho. Crooker, Abraham Church, John Davis , Wm Edge , Steven Byne , Edward Warden, Ann Felton , Elizabeth Burges , John Fletcher , and William Gathwaite .

Branded, Two.

Elizabeth Belomy , and Wm Baker; the last to be imprisoned in Newgate six months.

Whipped, Five.

Eleanor Smith , Joseph Culbert , Henry Evans , John Riley , and Mary Clark .

George Tremble , capitally convicted in February sessions, was executed on Wednesday the 15th of March.

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