Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 29 August 2014), May 1769 (17690510).

Old Bailey Proceedings, 10th May 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 10th, Thursday the 11th, Friday the 12th, and Saturday the 13th of MAY, 1769.

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

NUMBER V. 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 Richard Adams , Knt. one of the Barons of his Majesty's Court of Exchequer *; the Honourable Sir Joseph Yates , Knt. one of the Justices of his Majesty's Court of King's Bench +; 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.

John Dodd ,

Richard Hollyer ,

John French ,

John Parsons ,

William Meredith ,

Thomas Eastwick ,

Richard Custins ,

Thomas Norman ,

Samuel Brooks ,

John Killbeck ,

John Austin ,

Martin Willson .

Middlesex.

Thomas Nicoll ,

Joseph Finch ,

John Haley ,

William Marsh ,

Edmund Franklin ,

Thomas Lott ,

Thomas Brambley ,

John Evans ,

John Mash *,

* John Whitaker served part of the time in the room of John Mash .

William Weeden ,

Tuffin Hobbs,

Ezekiel Timberlake .

269. (L.) John Smith was indicted for stealing a piece of printed linen, containing nineteen yards, value 44 s. the property of John Ewer , in the dwelling-house of the said John , April 21 . +

John Ewer . I am a linen-draper , and live in Milk-Street . I was not at home at the time the piece was taken.

John London . On the 21st of April, between five and six o'clock in the evening, a young man came into my master Mr. Ewer's shop, and asked if we saw a man come into our warehouse; I said, no, I had not. He said he saw a man come out of it with a piece of cloth under his arm. I went in and missed a piece of linen which I had seen there a little before.

Q. What was the value of it?

London. It was worth two pounds four shillings and eight-pence.

Robert Holmes . On the 21st of April, Charles Meymott came into our shop, between five and six o'clock in the evening. He asked if we did not see a man take a piece of cloth from the warehouse; we went in and missed a piece. We went out and looked about, but the man was got off. I asked him if he knew the man; he said he did, and could swear to him. So we took out a warrant and apprehended the prisoner.

Charles Meymott . I live in Moorfields, and work for Mr. Chamberlain, at the corner of Milk-Street. I came to his shop with some work on the 21st of April. My master was gone out, and I was desired to stay. I saw the prisoner come by my master's shop, and go as far as Bow Church. He crossed the way. There was a Jew with him. They came up as far as the corner of Bread-Street. Mr. Ewer's shop is at the corner of Milk-Street, Cheapside. The prisoner left the Jew, and went and looked into Mr. Ewer's shop, and he also looked in at the window. I was there at the threshold of Mr. Chamberlain's door. Then he went a little beyond it, came up again, went into the warehouse, and took a piece of linen from off the bench, put it into a bag, threw it on his left arm, and came out and went down Bread-Street. In about ten or twenty yards walking he gave it to the Jew, who put it under his left arm bag and all. I desired a person to watch them, while I went and told Mr. Ewer; in the mean time they got off.

Q. Are you sure the prisoner is the same person that took the linen?

Meymott. I am sure he is. I had seen him four or five times before on different days; but I never changed a word with him in my life.

Prisoner's Defence.

This evidence does this all out of spite, because I went on board the Pembroke, and took an acquaintance of his with me. In going down to Portsmouth I ran away, and did not go to the ship with him. Then the evidence went to a bawdy-house, and told the old bawd of it, and she advised him to do this.

Meymott. This is every word false. I know nothing of what he has been saying.

Guilty 39 s . T .

270. (M.) Patrick Tully , grocer , was indicted for stealing one thousand pounds weight of pomenta, value 20 l. the property of Thomas Dobbins , in a certain ship on the navigable river of Thames , March 13 . +

The prosecutor deposed there were ten bags of pomenta stolen out of the ship Henrietta ; and that on searching the prisoner's house, one empty bag, with pomenta hanging about it, was found, which the captain of the vessel had sworn to as one of the bags lost; but the captain being gone to sea, the prosecutor was deprived of his evidence. The prisoner was acquitted .

271, 272, 273. (M.) William Sykes and James Best were indicted for breaking and entering the dwelling-house of William Saunders , on the 17th of April , about the hour of nine at night, and stealing a mahogony tea-chest, value 1 s. three silver tea-spoons, value 1 s. six guineas; three linen gowns, value 15 s. three pair of linen sheets, value 2 l. twelve linen shirts, value 1 l. and ten yards of holland, value 1 l. the property of the said William ; and Winifred Carryl for receiving the same, well knowing them to have been stolen . *

William Saunders . I live in Titchbourn-Street, near Great-Turnstile, Holborn . My house was broke open about the beginning of April; but my wife and I were not at home at the time. I went out between five and six o'clock that morning, and returned at near ten o'clock at night. My wife went out to work at the Spanish ambassador's. She went after me; when I returned she had been come home a little before me, and had found our door which opens out of the passage broke open. We live in the lower apartment, and lett the other rooms. The outward door we always leave open for the lodgers. The bolt was burst open from the staple. I found my chest of drawers broke open, and the things laid in the indictment were missing. (Mentioning them.) They were all in the house that morning when we went out. I had seen them the over night.

Q. Did you know the prisoners before?

Saunders. No; I never saw them before to my knowledge. My wife was gone to Justice Fielding's to get the things advertised when I came home. I never heard any thing of the things since. I had intelligence of the prisoners by Catharine Keith ; upon which they were taken up at the Running Horse in St. Giles's. They both said they did not know where my house was.

Q. Did they ever acknowledge any thing about it?

Saunders. Never, as I heard. There was nothing found upon them, only one of them had about a dozen shillings in his pocket.

Susanna Saunders . I am wife to the prosecutor. I came home about a quarter of an hour before my husband. I found the staple of my lock drove from its place, the door burst open, and all the things were missing. I went out about seven o'clock that morning, and left no body in my apartment. The chest of drawers, where most of the things were, I found broke open. The third night after the robbery, Catharine Keith , who is next door neighbour but one to me, came and told me she saw two men and a woman at my door as she was going for a pot of beer. She told me the men's names.

Q. Was that the first time you saw Catharine Keith after the robbery?

S. Saunders. It was.

Catharine Keith . I am a milk-woman, and live in Titchbourn-Court. I think it was on a Tuesday night, in April last, as I was going for a pot of beer, between eight and nine o'clock at night, that I saw a man in the entry of the prosecutor's house. I thought it was the man of the house at first; as I came up close to the door, I saw it was the prisoner Best. I said, What brought you here? he made no answer, but turned his back to me. The other prisoner put his head out of Mr. Saunders's room door, and said to Best, God blast her! what does she want there? I went on, and ordered my beer. When I came back, which was in two or three minutes time, I saw only Best in the passage. I went to my own door and stood there a little. I then saw a woman standing by the gate-way, about nine or ten feet from Saunders's door: she jumped from thence and went on the inside the door of Saunders's house. She put something in her apron: Best and the woman went away together, and Sykes followed with a parcel under his coat: I cannot say I know the woman, but to the best of my knowledge it may be the prisoner; tho' I cannot swear positively to her: she had a hat on that covered her face.

Q. How long have you known the men at the bar?

C. Keith. I have known them above a quarter of a year. I have been in their company. I have seen them several times in the neighbourhood of St. Giles's. They lodged at a chandler's shop there, where I served the people with milk.

Q. Did you see Saunders or his wife that night?

C. Keith. I did not. I go out very early in the morning, and do not come home till late at night. I told Mrs. Saunders of it the first time I saw her, which was in two or three days after. I went to tell her the next morning, but she was not up. I was forced to go and serve my customers, and when I came home again she was not at home. I told it to a needle-maker that lives next door to me the next day.

Q. Did you see what kind of things the woman had in her apron?

C. Keith. I did not. There was a white cloth about it.

Sykes's Defence.

I know nothing of the matter. I never saw that last evidence before; neither do I know where the house is.

Best's Defence.

The same.

Sykes and Best both Guilty . Death .

Carryl Acquitted .

See Best tried twice before, No. 465 in Mr. Alderman Kite's Mayoralty, and No. 160 in this Mayoralty.

274, 275. (M.) Peter Medley was indicted for stealing a silver pint mug, value 2 l. 10 s. the property of Archibald Maughlin , and Winifred Carryl for receiving it, well knowing the same to have been stolen , April 12 . +

Archibald Maughlin . I live in Nightingale-lane, East-Smithfield . I lost a silver pint mug on the 12th of April. I went to Sir John Fielding to get it advertised, with a guinea reward. Sir John told me I need not offer that, he thought they might find it without. I went with one of Sir John's men; we found the mug in Angel-alley, Long-Acre, up two pair of stairs, in Carryl's lodging-room, between the sheets of her bed, with the bottom taken out. ( Produced and deposed to.) Medley was apprehended and committed to Clerkenwell Bridewell. I went there to him; he confessed he took it, and said he was drunk when he took it. The mug cost me four pounds, three shillings and six-pence.

Jane Maughlin . The prisoner came to our house and called for a pint of beer; I drawed it; he insisted on having it in a silver pint that he had engraved for us. I put his liquor in one. After he had drank the beer he never paid for it; but put the pint under his jacket. I saw him do it as I was serving a customer with a pennyworth of gin; but I did not think he intended to go away with it. He got off with it.

John Heley . The prosecutor came to Sir John Fielding and said he had lost a silver pint mug the night he had lost it. We went to some houses in St. Giles's where he supposed Medley frequented, but could not find it. After this, I was told by Esther Peters , that Winifred Carryl had bought it for twenty-two shillings. The prosecutor was sent for. He and I went to her lodgings in Angel-court, Long-Acre. Carryl went by the name of Whinny Madding. We met a girl in the court: when I spoke to her, she ran back and said, O Whinny, what have you done! Here is this silver pint mug come to light! I said, I imagine the mug is in the room. The man that belonged to the room took his hat and walked out. I turned up the coverlid of the bed, there lay the mug. I saw the prosecutor's name upon it. He took it in his hand and said it was his proper.

Esther Peters . Peter Medley came to an alehouse where I use, and asked me if I could shew him where he could sell this mug. I shewed him where Carryl lived. They had a dispute about the price; she would give him but a guinea; he asked twenty-two shillings for it; at last she gave him twenty-two shillings out of her own hand.

Medley's Defence.

She never bought any mug of me at all. The last evidence is a common prostitute.

Carryl's Defence.

I have witnesses here to my character.

Eleanor Pierpoint . I have known Carryl about two years. I know nothing of her but what is good.

Medley Guilty . T .

Carryl Guilty . T. 14 Years .

See Medley tried before, No 525 in Mr. Alderman Harley's Mayoralty.

276, 277, 278, 279. (M.) Francis Bush , Moses Waters , and Robert Mallows , were indicted for breaking and entering the dwelling-house of Benjamin Pajolas , on the 14th of April, about the hour of nine o'clock at night, and stealing one purple and white linen gown, value 2 s. 6 d. one blue cloth cloak trimmed with ermine, value 2 s. 6 d. one brown stuff gown, value is. and one pair of shift sleeves, value 6 d. the property of the said Benjamin, and one black stuff gown, value 5 s. one black silk bonnet, value 1 s. the property of Martha Dean , spinster . And Ann Waters for receiving three gowns, the cloth cloak, part of the said goods, well knowing the same to have been stolen . *

Benjamin Pajolas . I live in Margaret-street, Cavendish-square . I was at home at the time, but knew nothing of the matter. I went out the next day and returned in the evening. I then was told my house had been robbed the night before, which was the 14th of April. I examined, but could not see any part of the house broke. I found the things mentioned in the indictment were lost, and several odd things, some mine, and some Martha Dean 's, my servant. I found there was a warrant granted by Mr. Lane and Mr. Spinnage. I went to Mr. Lane's; there I found the prisoner Mallows. Some of the workmen that had been repairing a house just by mine, had been taken up; Bush was one of them. I did not see the other prisoners till the next day. Mr. Robert Story , who is Mallows's master, came before the Justice and asked him several questions; Mallows said he did not rob me, but he knew who did. He was desired to speak what he knew, in order to save himself; then he impeached the other men at the bar, and John Waters , who is an evidence, and Ann Waters for receiving some of the things. I believe Sir John Fielding had Bush taken up on another affair. I saw them all at Mr. Lane's on Sunday, except Waters. They all declared themselves innocent except Mallows, who said as he had before.

Martha Dean . I am servant to the prosecutor. Our house was robbed on the Friday night. I did not know of it till Saturday morning the 15th of April, at about eleven o'clock. I missed a black stuff gown and a black silk bonnet from out of the garret.

Q. Did you see any marks of the house being broke open?

M. Dean. No, I did not.

Mary Austin . I am apprentice to the prosecutor. He is a surveyor . I came from the Asylum. About eleven o'clock I went up into the garret, and missed my things.

Prosecutor. As she is my apprentice, I find her in cloaths; so have laid her things as my property in the indictment.

Joseph Jennings . I am a pawnbroker. I took in a linen gown (produced in Court) of Ann Waters , on the 15th of April; about nine or ten o'clock in the morning.

James Crooksbanks . I am a pawnbroker, in Silver-Street, Golden-square. Ann Waters brought this black stuff gown to me on the 15th of April. between nine and ten o'clock. ( Produced in Court.)

James Hegath . I am a pawnbroker. This blue and white gown and cloak (produced in Court) were pledged by a person that called herself Ann Waters , on the 15th of April. I cannot say that is the same at the bar.

John Waters . I am brother to Moses Waters . I am fifteen years old, and he is eighteen. He, Bush, Mallows, and I, went out together. Bush is a carpenter , my brother is a bricklayer ; we all walked about till between nine and ten o'clock; then we went to the prosecutor's house. Bush got a ladder and went up to a window in a one pair of stairs in the empty house: the rest of us were at the foot of the ladder. He got into the prosecutor's house, came down and opened the parlour window, and my brother got in. He got the clothes out of the garret, and gave them to my brother. I could see him as I stood in the street by the light of the moon in the garret. They came down into the parlour, chucked the clothes to me, and I catched them. Mallows was with me.

Q. How did Bush get into the prosecutor's house?

John Waters . He got out upon the leads, and got in at the garret window, which he told me when he came down he found open. They stayed in the house about ten minutes. There were three gowns, a blue cloak, and a pair of shift sleeves. I carried the things to Ann Waters , and desired her to pledge them for us. I told her we had picked them up in the street.

Alexander Farrington . Mr. Lane sent for me, and desired me to go and serve a warrant on some people that were working at the next house to the prosecutor. I, with others, went and took them. In the mean time, Major Spinnage came and talked to Mallows. Mallows confessed he was not in this robbery, but knew who did it. We went and took Moses Waters in Cranbourn-alley. He confessed it immediately, that he took some of the things out of a box in the garret, and had given them to his younger brother, who had thrown them away. I went to see Bush in Tothill Bridewell; he confessed to me they got in at the window and took the things, and that they had given them to the evidence Waters, who had thrown them away.

Q. to Austin. Was that garret fastened over night?

Austin. It was fast. I shut it myself betwixt four and five o'clock that day; and at the time I missed the things, I found it open. It was a sash window, which was down, and had no fastening to it.

Bush's Defence.

I know nothing of the affair. I know nothing of that evidence, no farther than seeing him with his brother on a Sunday.

Waters's Defence.

My brother and I quarrelled. I struck him, He said, as soon as he got into trouble he would have me taken up with him. I know nothing about this robbery: it is all out of malice.

Mallow's Defence.

I never was along with the lad in my life. I know nothing at all about it.

Waters's Defence.

On Friday night John Waters came up into my room, and said, Let me leave these things of my brother's with you. He is obliged to leave his lodgings, and desired I would pawn them for him for as much as I could; he wanted money to pay his lodging. The gentleman came into my lodging and took me.

Bush, Waters, and Mallows, all three guilty of stealing the Goods. T .

Ann Waters Acquitted .

See Bush tried before, No. 570 in Mr. Alderman Harley's Mayoralty.

280, 281, 282, 283. (M.) Joseph Stapleton , Margaret Hines , Mary Mundy , and Mary Harris , spinsters , were indicted; the first, for stealing a silver cup, value 40 s. a remonsterance made of silver, value 3 l. a silver challace, value 20 s. and ten yards of muslin, value 50 s. the property of his Excellency Count Salvre , the Imperial Ambassador ; and the others for receiving part of the same, well knowing the same to have been stolen , April 5 . ++

Thomas Little . I am steward to his Excellency Count Salvre. The chapel in Charles-street, St. James's-square, was robbed on the 12th and 19th of March, and on the 6th of April, I was told it had been robbed again. I went in and found they got in at a window between fourteen and fifteen feet high. They got upon a post where his Excellency goes in at, and from thence in at a window. I observed on the inside the part where they had trod was dirty, which made me think there must be more than one; and as it had been robbed three times, it gave great suspicion of people in the yard. (There are three noble families in the yard.) This lay dormant till the 21st of April; then a person came and told me that Stapleton was a man concerned, that he had the surplice, which contained ten yards of muslin, and had given it to these girls at the bar. The next morning I went to Sir John Fielding , and got a warrant against six persons, Francis Bush , Stapleton, and four women. Bush was taken; Sir John admitted him and a girl evidence. Bush is now cast for transportation on another offence, and the girl, her name was Ann James , she is since dead.

All four Acquitted .

284. (M.) Andrew Burk was indicted for assaulting and robbing Catharine Chambers , widow , on the King's highway, of a cloth coat, waistcoat, and breeches, value 40 s. and another pair of breeches, value 2 s. and a linen table cloth, value 3 s. her property, and against her will , Feb. 28 . +

Catharine Chambers . The night before St. David's day, I was knocked down by the prisoner at the bar and robbed of a suit of clothes, another pair of breeches, and a table-cloth, at the corner of Drury-Lane . It was between eight and nine o'clock. He ran away with them.

Q. How do you know it was the prisoner?

C. Chambers. I saw him at the same time.

Q. Was he before you or behind you?

C. Chambers. He came behind me. He had spoke to me a little before. I met him about three weeks after with the breeches and waistcoat on, by the Alms Houses in St. Giles's. Said he, What do you want with me? I took him by the collar, and said, Let me have the things. Then he knocked me down, and said, You b - h! She is my wife, and said I was dead-drunk, and he wanted the key to go home; so he got away.

Richard Row. I was the constable. I took up the prisoner on the ninth of April, for breaking open a house. I hearing he had robbed this woman, I asked him what he had done with the clothes; he said he had got the breeches on, and was willing to pay for the things.

Prisoner's Defence.

That night I met her in the street, she wanted me to bring her to the club and pay for her. I would not. She came and hallooed out and said, I had robbed her of all her clothes. After she swore the robbery on me, she never served me with a warrant, but wanted me to give her half a guinea.

Guilty of stealing the goods only . T .

He was a second time indicted for breaking and entering the dwelling-house of John Creswick , on the 8th of April , about the hour of one o'clock in the night, with intent the goods of the said John to steal , &c.

The prosecutor was called, but did not appear. Acquitted .

285, 286. (M.) Thomas Gray and James Waldin were indicted for stealing a gold watch, value 10 l. and a white cornelian seal, set in gold, value 10 s. the property of Christian Nicholi , April 14 . +

Christian Nicholi . On Friday the 14th of April, somebody got in at my chamber window, which had been left about half open, and stole from thence a gold watch with a cornelian seal, set in gold.

Elias Levi . I am in the toy and silver way. The two prisoners came into my shop on Saturday the 15th of February, about ten o'clock in the morning, and wanted to sell a watch to my wife. I was not at home. They went away and came again the 18th. I was then at home. They produced this watch, and asked two guineas and a half for it. I said I had not so much money then, but if they would call the next morning by nine o'clock, I would get up the money and buy it. After they were gone, I went to Sir John Fielding and told him what sort of a watch it was. It was a gold one. He sent me assistance. They came the next morning and brought the watch with them again. I went to try the case with aqua-fortis, and in the mean time Sir John's man took hold of them. I look upon the watch to be worth 10 l. (The watch produced and deposed to by the prosecutor.)

Nicholas Bond . On Tuesday the 17th of April I was at Sir John Fielding 's. This Jew came there. I went the next morning and stopped the two prisoners when they came there with the watch.

Alexander Willson . On the 14th of April I bought a white cornelian seal, set in gold, of the prisoner Gray. I gave him ten shillings for it. (Produced and deposed to by the prosecutor.)

Gray's Defence.

I had not been two days from Portsmouth. I went round with a vessel for Captain Johnson, called the Elizabeth. I came home on the Friday morning. I met a gentleman at the Salutation at Billingsgate to receive my money. I took this young fellow at the bar with me. After that I saw some young fellows in St. James's park tossing up; one of them had this watch: he asked two guineas for it; he said it was Pinchbeck. I gave him that for it. After that he called me back, and said he had got a seal to sell. and shewed me a white stone seal: I bought it of him for two shillings. The same afternoon I went to the gentleman's shop and asked him if the seal was gold; he tried it, and said it was, and gave me ten shillings for it. I returned home and put that seal to the watch that is on it now. On the Monday morning my money was all spent. I lived with a young woman that made me spend all my money; then I went to sell the watch: they took us both and carried us to prison.

Waldin's Defence.

I saw Gray buy the watch for two guineas, and after that the seal; and on the Monday morning he called me up and said his money was all gone. I went with him to sell the watch, and they stopped us both.

Levi. Walden offered me the watch to sell, and he produced it, and Gray asked two guineas and a half for it.

For the Prisoner.

William Shave . One Friday, as I was going over St. James's park, I met with the prisoner Gray. There were people tossing up. A man asked Gray if he would buy a watch; he gave the man two guineas for it, and after we had gone down part of the walk he called after us, and asked Gray if he would buy a seal; he bought it for two shillings.

Q. When was this?

Shave. It was on a Friday about a fortnight or three weeks ago: I cannot tell justly the time.

Q. What was Gray doing there

Shave. I do not know.

Q. Was any body with him there?

Shave. No; he was alone.

Q. What are you?

Shave. I am a butcher. I was carrying some meat through the Park.

Both Guilty . T .

287. (M.) James Sullivan was indicted together with two other persons unknown, for making an assault on Thomas Burn , on the King's highway, and violently taking from his person a watch with a metal box and shagreen case, value 3 l. two guineas, and one half guinea, the property of the said Thomas , April 13 . +

Thomas Burn . I was at the bottom of Virgina-Street , about a quarter before twelve o'clock at night. On April the 13th. The prisoner and two other persons stopped me. The prisoner laid hold of me and pulled out a pistol and said, Deliver your money. I said I had none, and offered to get away, thinking they had been merry making and got in liquor. The prisoner said, If I continued to make any noise or resistance, he would blow my brains out. The others searched my pocket and took my watch, with a shagreen case, metal box, two guineas and a half in gold, and two or three shillings in silver. They went away directly.

Q. Did you know the prisoner?

Burn. I had never seen him before to my knowledge. I was a little fluttered, having a niece with me.

Q. Was it light or dark?

Burn. It was rather darkish than light; but am very clear as to the prisoner, both as to his voice and stature. They all three had blue great coats, or surtout coats on, and their hats flapped. The other two were shorter than this. The prisoner was taken up on the Saturday following, on account of another person who had been robbed a little before me, named Richard Smith .

Prisoner's Defence.

The night he says he was robbed, I was at Mr. Leynard's, in Goodman's-Fields, and never was out of company there from half an hour after nine, till between seven and eight o'clock in the morning. I have not wore a blue surtout coat these two years.

For the Prisoner.

Mary Conner . I was at Mr. Leynard's wife's wake, at the White Lion coffee-house, White Lion-Street, Whitechapel. I saw the prisoner there with a great many more when I went in.

Q. What is a wake?

M. Conner. They sit up all night; it wanted a quarter of eleven o'clock when I came, and I stayed there till three in the morning. This was on the 13th of April.

Q. How far is that from Virginia-Street?

M. Conner. It is about as far as from this Court to Newgate. The women were in the room where the corpse was, and the men in a room by themselves.

Ann Derwin . I live at the White Lion coffee-house. The prisoner was at our house on the 13th of April, from a very little after ten o'clock in the evening, and he did not leave the house till between seven and eight the next morning. He did not go out at the street door; as to the yard I cannot say; but no person can get into the street backwards.

William Hollis . The night the election was at Brentford, I went into Mr. Leynard's house; (Mrs. Leynard lay dead; it was her wake;) it was not five minutes after twelve o'clock. I was in the back room, where Sullivan was sitting.

Q. How was he dressed?

Hollis. He was dressed in a blue coat and scarlet waistcoat. I left him there when I went away.

Edward Jackson . I am son to the deceased Mrs. Leynard. I saw the prisoner there that night not twenty minutes after ten; I believe it was about a quarter past ten. I continued up stairs till twelve, then I went to bed. He was there then.

There were other evidences to the same effect; the jury thought it needless to call them.

Acquitted .

(M.) He was a second time indicted, for that he, together with two other persons unknown, did assault Richard Smith on the King's highway, and took from his person a pair of silver shoe buckles, value 8 s. a nine shilling piece, a thirteen-and-sixpenny piece, twelve guineas, four half guineas, and four quarter guineas, his property , April 13 . +

Richard Smith . On the 13th of April, about a quarter after eleven o'clock, I was going home. Just at the end of an alley I met Sullivan and two other men in the road way, at the end of Plough-Alley .

Q. How far is that from White Lion-Street?

Smith. It is about three or four hundred yards distance. Sullivan put a pistol to my breast.

Q. Did you know him before?

Smith. I had never seen him before. Another of them put a pistol to my head; the other squatted down and took my silver buckles out of my shoes. They asked for my watch; I said I had never a one; then they demanded my money; I put my hand into my pocket and gave Sullivan about fifteen pounds; there was a nine shilling piece and a thirteen-and-sixpenny piece, guineas, half guineas, and quarter guineas. Then they left me. The next morning a girl came to me and asked me if I had been robbed; I said, Yes. Said she, Do you think you should know any of the men? I said, Yes. Said she, The man that was along with me was robbed of his watch and seven guineas; she said she was sure she knew one of them, for that she knew him before; his name is James Sullivan . I went and got a warrant of Sir John Fielding and took up the prisoner on the Saturday in the afternoon.

Q. Are you sure the prisoner is one of the men?

Smith. I am. I was robbed near a lamp. He had a blue sort out coat on, and a close blue coat under it. I did not see his waistcoat. He was searched, but no money was found upon him.

Q. What is that girl's name?

Smith. Her name is Mary Lee .

Mary Lee . On the 13th of April, I was in the Hermitage-Street, about eleven o'clock at night. The prisoner and two others robbed the gentleman that was coming with me to see me home.

Q. How far is that from Plough-Alley?

M Lee . It is not tw enty yards from Plough-Alley. I was coming home from Mr. Cornwell's, the Watermens Arms. I was afraid to come alone, and the gentleman came along with me. When they were taking the buckles out of his shoes, I said, Do not take the buckles out of his shoes, I think you have got enough. The gentleman that was with me was the mate of a ship; he is gone to sea; he was afraid he should lose his ship. He was robbed before Mr. Smith was. This was a little after eleven o'clock at night. I said to the mate afterwards, I know one of them, he was a bailiff's follower (meaning the prisoner); but I did not know his name. It was right under a lamp, and I stood still while the robbery was done.

Q. How long were they about it?

M Lee . They were about ten minutes about it; it was not above ten yards from my own house.

Q. How long have you known the prisoner?

M Lee . The bailiff that he belonged to arrested me about two years ago, and I knew him from that time. The prisoner held a pistol to the mate; he did not take the money, another did that.

Q. Are you sure the prisoner was one of them?

M Lee . I am sure he was one of them.

Q. Upon your oath do you not bear him a grudge on his arresting you?

M Lee . No; he did no more than what was his office. I heard afterwards that Mr. Smith was robbed the same night; and I went and asked him if he knew the men. He said he believed he knew one of them.

Prisoner's Defence.

Please to examine the rest of my witnesses.

John Conner , husband to Mary, deposed he saw the prisoner at Leynard's from eleven, or a quarter before, that night till three the next morning, and that he did not go out of the room where he was in all that time.

Patrick Magee deposed that he was sent for to assist as a waiter at the wake, and was there at about two in the afternoon on the 13th of April, and had continued there ever since; that the prisoner came in about ten, or a little after, and did not go away till between seven and eight o'clock the next morning.

Ann Cannon , a servant in the house, deposed she helped the prisoner to a draught of small beer about ten o'clock; that he had been in the house some time before; that she lay down on the bed with her clothes on about five o'clock in the morning, and get up again about half an hour after six, and that he was in that room all the while.

Michael Burk deposed he saw the prisoner there a little before ten in the bar room, after which he went up stairs where the deceased lay, and stayed till about seven in the morning.

Acquitted .

(M.) He was a third time indicted, for that he, together with two other persons unknown, made an assault on James Anderson on the King's highway, with intent the money of the said James to steal, &c . April 13 . +

James Anderson . On Thursday night, the 13th of April, after it had just struck eleven o'clock, I passed over the Hermitage bridge about thirty or forty yards, when I saw three men coming along the street; about a dozen yards before they came to me, one of them stepped from the middle of the street to the foot path where I was, and said, Your money! and clapped a pistol to my breast. I said I should not have thought of money. Not a shilling. The prisoner was the man that stopped me; and another of them said, If you make any noise, I will blow your brains out.

Q. Did you know the prisoner before?

Anderson. I did. I have known him to go up and down the street where I live for these two years and a half. I have seen him, I may say, above a hundred times. He passed for a bailiff's follower.

Q. Was it light or dark?

Anderson. It was near a lamp.

Q. How was he dressed?

Anderson. He was dressed in a blue coat and metal buttons, such a one as he has on now: I looked him full in the face. A second person clapped a pistol to my head, and said he would blow my brains out if I made a noise. I called out, Thieves! Thieves! and that man took me a smack in the face, and said, D - n the man, he is obstinate; after which they went off.

Prisoner's Defence.

There has been a matter of a dozen robberies thereabouts since I have been in trouble. I was to have been sworn in a bailiff the day after I was taken up, and this is all out of spite to take me out of the way.

Acquitted .

287. (L.) Sarah Manton , otherwise Strutton, otherwise Smith , widow, was indicted for stealing a printed book bound in leather, entitled, The Book of Common Prayer and Administration of the Sacraments, and other Rites and Ceremonies of the Church of England, &c. value 5 s. the property of the Dean and Chapter of the church of St. Paul's, London , April 15 . ++

William Cooper . I am one of the vergers of St. Paul's. I was standing in the middle of the church on the 15th of April, and saw one of the vergers go out: he brought in the prisoner at the bar with a book under his arm. I was going to touch the prisoner's clothes, and another dropped from under her petticoats. (Two folio Common Prayer Books produced.) These are them; they are the property of the Dean and Chapter of St. Paul's.

Prisoner's Defences.

I was much distressed, and the gentlemen promised if I would confess they would shew me mercy.

Guilty. 10 d .

(L.) She was a second time indicted for stealing two printed books bound in leather, intitled, The Book of Common-Prayer, &c. value 15 s. the property of the Dean and Chapter of St. Paul's, London, April 4 . ++

Christopher Wells . My wife keeps a pawnbroker's shop in Pater-noster-row, Spitalfields. About the 3d or 4th of April, the prisoner pledged these two books. (Producing two folio Common-Prayer Books.) She said, they were the property of her mother, and that she received a pension annually from the Trinity-house. I lent her half a guinea upon them. After which, Mr. Cooper and others came and said they belonged to St. Paul's, and had been stole from thence, and I delivered them to them.

David Montague . I was with Mr. Cooper and another verger. As several of these books were lost, we were enquiring at the pawnbrokers near where the prisoner lived. We found these at Mr. Wells's shop. They are lettered on the

St

outside P C

Mr. Cooper. These are the property of the Dean and Chapter of St. Paul's.

Guilty . T .

288, 289. (L.) John Cook and John Morris were indicted for stealing five yards of woollen cloth, value 3 l. the property of persons unknown. April 18 . ++

Henry Keys . I am a constable. Some time in April, Moses Lion came and told me he had been a dealer with these sort of gentlemen pretty often, and he had a mind to live honest, so he told me that there were two men at the sign of the Black Raven and Ship in Leadenhall-street. I went there. Lion soon came in and said, Here is my partner, meaning me; then Cook went with us to Lion's house. The cloth was laid upon the table and opened; we looked at it. I asked Cook what he asked a yard for it; Cook said, Is it not worth a Bull?

Q. What is that?

Keys. That is a crown. I said I thought that too much; then he said it is worth a Kick, that is four shillings and six-pence.

Q. How came you to know this language?

Key. I was deputy-keeper of the Poultry Compter twenty years, and have been pretty much used to such sort of gentry. I then asked him where he made it; he told me he made it at Kensington, and that there were about five or six-and-forty yards more of it of different colours. I then pulled out my staff and took him by the collar, and told him he must go along with me. Then I went and took Morris, and put them both in the Compter. I then applied to my Lord Mayor, for leave to carry them before Sir John Fielding , which he granted, where they were examined. Cook was asked how he came by it; he said it was none of his, but that Morris gave it him to carry to Duke's-place to sell among the Jews. Then Morris said it was as much Cook's as it was his, for they made it together. I advertised it, and went and enquired at Kensington, but could not find an owner. It is superfine black cloth. ( Produced in Court.) After that Morris said he was a watchmaker, and had made a watch for a man that came to four pounds ten shillings for this cloth, and the man was gone abroad.

Q. What is this cloth worth a yard?

Keys. Here is five yards of it, and it is worth seventeen shillings a yard.

Solomon Lazrous . Mr. Lion came to me some time in April, and said there were two men had brought some cloth to his house to sell, and that he did not care to but any more. We agreed to secure them. He sent me to the Raven and Ship in Leadenhall-street; there were the two prisoners drinking with two women; then in came Lion and Keys. Then he and Keys went out with Cook and left me to take care of Morris. I heard Cook say they got it at Kensington. The rest of his evidence as Keys had said before.

Cook's Defence.

On the Monday night before I went through a house in Red-Lion-square, Holborn, where was Morris, and he asked me whether I could make half a day, saying, he had some cloth that he had of a gentleman on board a ship, and if I would go with him he would pay me what he owed me; he came to me the next morning, and we went to the Ship in Leadenhall-street, and spoke to Lion and asked him if he would buy any cloth. Lion said, it should be very safe if he would leave it there while he went to the synagogue. We left it. Lion came again in about a quarter of an hour, and these two gentlemen were there: he desired me to come along with him, so I went with him to his house. Then he said, he must turn his wife and children out, as he did not care to let any body be in the room. Then he asked me what I asked a yard. I told him it cost the young man twelve shillings a yard. He said it was very coarse; and first bid me four shillings a yard, then four shillings and sixpence. Then Keys took me by the shoulder, and said he was an officer, and pulled out his staff; he took me to the Compter, and the next morning before Sir John Fielding . Sir John examined us. The young man here said it was his property; then Sir John committed us for farther examination. On the Wednesday following we were brought up again. He then said he had advertised the cloth, and could find no owner. I said, No, there can be none found, the man he had it of is gone to sea.

Morris's Defence.

I made a watch at 3 l. 15 s. for the person whom I had the cloth of for it. Cook came to me for some money that I owed him, and I said if he would go with me, I would sell the cloth and pay him.

Both Acquitted .

290, 291. (L.) George Pool and Joseph Bluckfield were indicted for stealing a silk handkerchief, value 10 d. the property of John Williamson , April 11 . ++

John Williamson . I was coming down Snow-hill, near the King's-Arms inn on the 11th of April, in the evening, about seven or eight o'clock, walking arm in arm with Mr. Jackson, and the two prisoners were very close behind us. I thought I felt one of them picking my pocket, so I turned round, but they then walked off. I felt, and told Mr. Jackson they had picked my pocket. We pursued them down by the side of Fleet-market. When we came close to them, they made a full stop, one said to the other, We have gone past the house. I said to them, You have been kind enough to pick my pocket. They said they had not. I said, I look upon it you have. They declared they had not, and said they did not know what we meant. One of them said, D - n my eyes, let us go, don't let us stop for them. I said you shall not go from me till I have my handkerchief. I said to Mr. Jackson, Do you lay hold of one, and I will the other, and we will take them to the constable; which we did, but going along they resisted so much, we thought it dangerous. We took them in at the Angel alehouse by the side of the Fleet market, and desired a gentleman to search them. He did, and found only one handkerchief upon one, and four upon the other, neither of them mine. In the mean time, a little girl picked up a handkerchief under the table, and said, Is this yours? I took it into my hand, and said it was mine. I said, This could not come here of itself. Then they dropped a little of their impudence, and were not so violent as they had been. I got a constable, and they were taken to the Compter, and the next day before Mr. Alderman Harley, who committed them. (The handkerchief produced and deposed to.) Richard Jackson confirmed the evidence given by the prosecutor.

Pool's Defence.

I live in Shoe-lane. I had been and bought four handkerchiefs at Rag-fair. The gentleman charged me with picking his pocket. I never saw his handkerchief till in that house.

Bluckfield's Defence.

My father is a cutler. I had been home with some work for him. I met Pool. I asked him where he had been; he said, to Rag-fair, to buy four handkerchiefs. Going down Fleet-market, the gentleman charged us with picking his pocket. He found nothing on me but one handkerchief.

Prosecutor. The four handkerchiefs were all nasty, not fit for sale.

Both Guilty . T .

292. (L.) John Steward was indicted for stealing a cheese, weight eleven pounds, value 3 s. the property of William Marshall , May 8 . ++

William Marshall . I live at Queen-hithe , and am a publican . The prisoner came into my house between eight and nine o'clock last Monday night. He called for a pint of beer, and sat some time over it; he paid for it and went away. My boy cried out, He has got a cheese. I pursued and took him with the cheese in a sack on his back. There were eleven cheeses on a table in a box, near where he sat. I had put the bill of parcel under the uppermost cheese, hanging a little out. When I looked, the bill was lying down, and the uppermost cheese gone. They were all marked T M The prisoner pretended he did not know how it came in his sack.

Prisoner's Defence.

A man came in and desired me to carry that cheese for him. I took it to carry, and the man here came and brought me back.

Guilty . T .

293. (M.) Sarah, wife of Thomas, Eaves was indicted for breaking and entering the dwelling-house of Francis Jans , on the 21st of March , about the hour of eight in the night, and stealing a cloth coat and waistcoat, value 12 s. the property of the said Francis . *

Francis Jans . I live in Wardor-street, Soho . I reserve to myself the upper floor and the ground floor, and lett out the rest. I am a taylor. I locked my door, and left nobody in my apartment, on the 21st of March, about a quarter after seven, and went out upon business. When I came home, I found my shop door was broke open, which is on the ground floor. The staple to the lock was forced off. I missed several things; amongst which were, a white coat and waistcoat, which I found again from out of the shop. I applied to Major Spinnage , and got hand-bills printed, and the coat and waistcoat were stopt the day after the robbery. I know nothing of the woman at the bar. Mr. Dubury a pawnbroker, in Carnaby-street, brought the clothes to the Justice's; he is not here. He told me the prisoner's husband pawned the coat to him.

Joseph Jenkinson . The prisoner brought this coat and waistcoat to pledge with me the morning after the robbery. She would not take the money I offered her, so she took them away.

Prisoner's Defence.

My husband bought them of an old clothes man in the street.

To her character.

William Robinson . I keep a chandler's shop in Bedfordbury. I have known the prisoner about two years. Her husband is a jeweller by trade. I never knew but she was an honest woman. I have trusted her, and found her so.

Acquitted .

294. (M.) Richard Green , Clerk , was indicted for commiting a rape on the body of Elizabeth Jervis , spinster , April 19 . +

Elizabeth Jervis . On Wednesday night, the 19th of April, about six o'clock, Mr. Green gave my master and mistress each a ticket to go to the play. Through persuasion my mistress went, but my master did not. My mistress sent me to a neighbour, to let his maid come to rock the child while they drank tea.

Q. Who is your master?

E. Jervis I am servant to Mr. Rodenhurst, in Wood-street, Spitalfields . There came a boy from the apothecary to the door. Mr. Green was within. I took a phial of stuff of the boy, and delivered it to Mr. Green; he took and looked at it, and said, I hope this will do my cold good. There was a woman in the house saw me give it him: as soon as he had it, he put it down and went out; then I said I would take the bottle up, and put it on the table.

Q. Where did the prisoner live?

E. Jervis. He lodged at our house during the time the other clergyman was gone to Oxford. My master came home about a quarter before eight, and being very cross with me for keeping the young woman to rock the cradle, he sent her home. Mr. Green knocked at the door at a quarter past nine. I took the child up from the cradle, she being just awake, and I went and opened the door. Mr. Green came in, and said, Will you light me a candle? I did. He said, Was I alone? I said, Yes. Said he, Have you not a sweetheart with you? No, said I, I don't want one; then he put his arm round my neck and kissed me, and at the bottom of the stairs he put his candle down, and followed me into the parlour. He said, Will you lose your ma idenhead? No, said I. He then took my candle out of my hand, and said, I want to look at this room; and put his hand about my waist, took me to the room door, and flung the door open. I got from him. He came and fetched me and flung the door open again, and took and carried and flung me on the bed with the child in my arms. This was a back room upon a ground floor. As I fell, the child lay on my arm all the time. He pulled up my petticoats, with the other arm cross my breast, the child scrambling, and that and I kept making a noise. He bid me hold my noise, and he would give me a guinea. I said, No, Sir. He said, By G - d you shall. And he ravished me without my will or consent.

Q. Did you make any resistance?

E. Jervis. I did resist as well as I could, and called out as loud as I could.

Q. You must tell what he did to you.

E. Jervis. He ravished me.

Q. In what manner.

No Answer.

Q. You must tell in what manner he did it.

E. Jervis. He lay with me.

Q. What did he do to you?

E. Jervis. With his tool he did it.

Q. What do you mean by that?

E. Jervis. If you will tell me what to say in a proper manner, I will.

Q. Was it something belonging to him?

E. Jervis. Yes. He pulled my petticoats up, and lay with me. There came wet from him, and blood from me.

Q. Did you tell this story to the Justice?

E. Jervis. I did.

Q. Was there any body in the house besides you and he?

E. Jervis. No, there was not. My master was gone to fetch my mistress from the play.

Q. How long were you together?

E. Jervis. He lay with me some time. I can't tell.

Q. Did he ravish you more than once?

E. Jervis. No.

Q. After that was over, what did he do?

E. Jervis. I went out of the room immediately, and he followed me into the fore parlour; but whether he went up into the study or not, I cannot tell: he put the candle out at the bottom of the stairs, and went out I believe.

Q. Which came home first, your master or mistress?

E. Jervis. Master came home first. Mistress came through the tavern to order a pint of beer. I was crying when he came home, which was about a quarter before eleven, or a quarter past. Master lives near the Three Tuns tavern.

Q. When did the prisoner come home?

E. Jervis. He came home again between one and two.

Q. Who did you mention this to first?

E. Jervis. I first spoke of this to my mistress.

Q. Are there any body lives in the houses joining your's?

E. Jervis. The house that joins our house on one side was empty, the house on the other side was not, but they went round to the door.

Q. How long have you lived with your master?

E. Jervis. I have lived there about two months. The prisoner did not lodge there when I went first.

Q. How long had the prisoner lodged there?

E. Jervis. I cannot tell whether he had been there a fortnight, or three weeks. When mistress came home, which was not a quarter of an hour after my master, she said, My dear, the child looks very poorly; has the child cried? I said, Yes. Said she, I hope you have not hurt her? I said, I cannot tell whether I have or not. Master said she had been kept up past her hour. What is the matter? said, she; are you afraid of staying alone? I said, The good parson has been here, and has been as rude as the devil. Mistress sent me down for the supper. I staying some time, mistress came down after me, and asked me, what I was crying for. (I was crying.) I told her the parson had used me very ill. Master called for the supper to be brought up, then no more was said, till I was warming the bed for my mistress; when she said, Has Mr. Green been in the parlour? I said, Yes, madam, and in this room too. Master came into the room, and there was no more said that night.

Q. What was the reason you did not tell your master and mistress both?

E. Jervis. I did not want to tell my master, but I told my mistress all the next day. When the prisoner went out, I went to the door, and asked him what he thought of a lawyer's letter? He said, For what? I said, You know for what, and you shall be sure of it. He went out, and said no more.

Q. What time did you first see your mistress in the morning?

E. Jervis. It might be about half an hour before breakfast.

Q. Why did you not tell her of it then?

E. Jervis. My master came by then breakfast was ready.

Q. How did you introduce it after breakfast?

E. Jervis. Mistress hearing me tell him of the lawyer's letter, asked me what I would send him a lawyer's letter for. Then I told her all.

Q. When did you go before the Justice?

Jervis. On the Friday. It was before Sir John Fielding . There was another gentleman there. I did not know his name.

Q. How came you did not go on the Thursday?

Jervis. Because we had company. I related the same before the Justice as here, but not quite so much: I did tell all the worst of it. The prisoner was asked what he had to say for himself, and he said he never was there. He said he was at the Three Tuns tavern, and seeing the apothecary's boy, he met him at the tavern door, but he was in the study at the time the boy came to our door. There was Mary Heabendle in the house, who saw me deliver the phial to him in our house.

On her cross examination, she said she knew this was a crime for which a man must lose his life; that she thought by the lawyer's letter he might do justice some way or other, or he brought to shame; though she was poor, she did not want his money. That the first time, after she had mentioned the lawyer's letter, that she saw him, was when she was going to Sir John Fielding , when she met him; that at the time this was done, the windows were all shut; that this was the first time any body had attempted such a thing to her; that she could not get her other arm from under the child, as his arm lay upon her breast; that she never heard the people speak in the next house when in the back parlour at any time; that she heard the quarters of Spital Field clock go at a quarter after nine, and the three quarters the last after the prisoner was gone, but did not hear it go the half hour; that he flung her across, the bed, and the head of the bed was on that side her the child was, which lay on her left arm; that as it was dark, she was careful of the child, fearing it should fall on the ground, or get some hurt; that she made all the noise she could, but he did not attempt to stop her mouth; the child cried all the while.

Mary Rodenburst . I am the mistress to the girl. Mr. Green gave me a ticket to go to the play of The Fair Penitent, the 19th of April. My husband saw me there, and then returned, and came again to fetch me home. I stayed till the play was over. When we got home, it was about a quarter of an hour after eleven o'clock. I went through the tavern to order a pint of beer, so my husband was at home first. The first thing he said to me was, My dear, the child looks very pale. I said, It is for want of sleep, being kept up past her hour. The girl was walking about. I asked her, whether the child had been cross; she said it had cried for a quarter of an hour, and she wished the girl had stayed that I sent for. Her master said, Was you afraid to stay alone? the maid said, No. Said I, What has been the matter? she said, The good parson has been at home, and he has been as rude as the d - l. Said I, Have you hurt the child? she said she could not tell. Her master said, Has he been at home and been rude? has he hurt the child? I shall send him a lawyer's letter to make him ashamed of himself. The girl was sent down to get the supper ready. She staying some time, my husband took the child, and I went down after her. I found her crying, but had no suspicion of such a thing then. I was asking her something, and her master having occasion to get up early in the morning, he called; so nothing farther passed. When the girl was warming the bed, I said, Has the parson been in the parlour? she said, Yes, and in this room too. Her master coming in, I think she said no more that night. The next morning I got up between seven and eight o'clock, when the prisoner was going out, but the girl stepped after him (this was something before eight ) and asked her what he should think of a lawyer's letter; he said, For what? She said, You know for what, and you shall be sure to have one. He opened the door, and went away, and slapped the door too very hard. That is all I saw or heard between he and she. Soon after she went to fetch the child. Then my husband came home to breakfast, when she being sent down for something out of the kitchen, she stayed a great while. I said to my husband, I do not know what the parson has done to the girl, she does nothing but crawl about. I followed her down, and found her crying, and she cried best part of that day. After breakfast, she was in the kitchen, I think, washing some things; when I began asking her, thinking to have the whole affair out, what she seemed so uneasy about. I asked what Mr. Green had done to her, and what she meant by a lawyer's letter.

Q. Did she hear your husband say he would send him a lawyer's letter, and make him ashamed of himself?

M. Rodenburst. She did. I thought it might be only pulling and hawling her about, as young persons do. She told me he had flung her upon the bed. I said, I hope he has not laid with you! she said, Yes, but he has, and cried. I said, Sure he has not ! she said, Yes, but indeed he has, and she would have justice done her, if it cost her her life. I was so much shocked, I did not say much then. She then told me the manner how it was done. She told me, that about a quarter after nine that evening she had taken the child out of the cradle, at which time Mr. Green knocked at the door, and letting him in, she went to the bottom of the stairs and lighted his candle, which generally stands there for him: he followed her into the parlour, gave her a tap at the bottom of her stays, took the candle out of her hand, and said, Let's see this room. Then he went to my room, put the candle out, and took and dragged her into the room. She got out again, but he again took her up, with the child in her arms, carried her in, and threw her upon the bed. I asked her if she made any noise; she said she did, as much as she could, and the child cried and screamed prodigiously all the while, but he had his arm somewhere upon her breast.

Q. You are a married woman, did she describe the manner of his laying with her?

M. Rodenburst. She did, and in the same manner as she has now; as men have conversation with women, and said it was against her consent.

Q. What is the next house to you?

M. Rodenburst. The next on one side is empty, that on the other side is a china shop, you must go round to the door. There is a high brick wall between, higher than I can reach a great deal. That house and ours are both double brick houses; and ours is lined with wainscot. I was never in the other house. The girl told me the apothecary's boy gave her a phial for Mr. Green, and that there was another girl in the house at the same time, whom I sent for to rock the cradle.

Q. What excuse did Mr. Green make for himself?

Mr. Rodenburst. He said he knew nothing of it; he was never in the house from about eight till half an hour after one in the night. This he said on the Monday before Sir John Fielding , adding, that he was at the Three Tuns tavern all the time; and at another time, he said he was out of the tavern a very short time.

On her cross examination she said, according to her judgment she believed Mr. Green did lie with the girl, and against the girl's will; that although there are children in the next house, she never hears any noise there from that parlour; that the mother, of the prisoner first applied to her to know the girl's character; that the mother was in a violent passion, and began to quarrel with her, and that she told her if she had sent in a peaceable manner, she would have directed her to her own father and mother, with whom the girl had lived eight or nine years; and that there was an officer that came with the mother, who dragged her about and used her very ill. Being asked what was the girl's character, she said, she had known her about fourteen years, and never knew any harm of her nor the girl's friends, and that she was a sober, honest, modest girl.

John Lee . I am clerk to Sir John Fielding . I heard the girl examined three times.

Q. Have you heard her examined here?

J Lee . Yes. The first time was on a Friday in the afternoon, about five o'clock, the next on the Friday evening, when Mr. Green was brought there; and on the Monday when she was bound over to prosecute. She never varied in any circumstance. Sir John particularly requested her to be cautious what she said, and told her what would be the consequence here and hereafter, if she should charge him wrongfully. On the first examination, Sir John did not inquire so particularly into it, but granted a warrant on suspicion, not knowing then how it would turn out, and so give Mr. Green an opportunity to defend himself. He committed him on suspicion; had he committed him absolutely for the fact, he then would have bound the prosecutrix over to prosecute. On the Monday, when Mr. Green was examined again, then the detainer was sent against him for the fact, and she was bound over. There were no material difference all the three times, the circumstances were the same she has said now.

Q. What did he say for himself?

Lee. On the Friday night two persons came with him; they said they were ready to swear that he was not out of their company some hours that night, but afterwards they would not swear, for that they said he was some little time missing. The prisoner said he was never in the girl's master's house from eight o'clock; but on the Monday he said he had been in a mistake, for he received a bottle at the tavern door of an apothecary's boy and carried it home, and went back immediately.

Mary Heabendle . I was sent for to the house to rock the child in the cradle that day, and I saw Elizabeth Jarvis bring something in from the door. She said it was for Mr. Green, and I saw her deliver it to him.

Q. Did you see who gave it to her?

M. Heabendle. No, I did not. I did not know Mr. Green before, but I am sure it was him. He came into the parlour where I was This was between seven and eight o'clock. I staid till after eight, and then went home.

Prisoner's Defence.

It is a very unhappy circumstance for any man, much more for a clergyman, to be in my situation, but I have a conscientious satisfaction that every word sworn against me is false. I hope my innocence will be sufficiently proved before this honourable court, by which, and by that God who is to be judge of us all, I hope to be acquitted.

For the Prisoner:

John Freemont . The 19th of April I came into the Three Tun tavern about a quarter before nine o'clock; when I saw Mr. Green and Mr. Turner there eating some salmon. I remained there with them till past one in the morning. I was asked by Sir John Fielding if Mr. Green never quitted our company; I said then I did not recollect he did. I then could not remember he quitted it a moment; but the day after I did remember that he was out about two minutes, which was between nine and ten o'clock, I suppose, (when he came in again, we were merry as usual.) I never stirred out of the room. He did not seem florried at all, but sat down and eat bread and cheese and raddishes with me. He could have been gone but a very few minutes. We were all very agreeable, for he is naturally chatty and merry.

Q. How long have you known him?

Freemont. I have known him but about a week or ten days.

On his cross examination he said he was a wheeler and lived in Wood-street, Spital-fields, and he could not speak with precision as to the time of going into the prisoner's company, but it was before nine.

Q. to Prosecutrix. What time do you say this was done?

Prosecutrix. The quarters at the church went a quarter past nine, which was the time of the act.

William Turner . I was in company with Mr. Green on the nineteenth of April, at the three Tun tavern. I went out at my own door, about two or three minutes after the clock struck eight, (I live in the same street ) and there I saw Mr. Green reading the paper in the coffee-room. He asked me how I did, and if I would drink a glass of wine. I said I was going to buy a lobster; he said he would go with me. We bought a lobster, and some salmon, and supped there together; just as we had done, and the things going to be taken away, Mr. Freemont came in; we had never parted company till he came in; then we had some new cheese and raddishes: after that we had a bottle of wine between us. When I was first called upon before the Justice, I could not recollect that Mr. Green had been out, but I since recollect he was out, though the time he was out was no more than while we drank one glass of wine each. I don't think he was out five minutes.

Q. What time did Mr. Freemont come in?

Turner. He came in about nine.

Q. When Mr. Green came in again did he appear cool?

Turner. Very cool. He sat down and drank a glass of wine, and was very pleasant.

John Whitehead . I am waiter at the Three Tun Tavern. I remember Mr. Green, Mr. Freemont, and Mr. Turner, being at my master's house the nineteenth of April. Mr. Green came in I believe between eight and nine, very near nine, and staid till half an hour after one. To my knowledge he was not absent at all.

Dr. Bromfeild. On Monday the 24th of April, at the request of Sir John Fielding , I examined the prosecutrix. I could not discover any reason to imagine that she had lately had any violence offered to her.

Q. Whether there might not be marks of violence remaining, if an injury had been committed upon her at the time she mentions?

Dr. Bromfeild. On a person of her age it is very difficult to say. I asked her how long the gentleman was with her; she said a quarter of an hour. She having spoke of a child being in her arms, said I, You laid the child down, I suppose. No, said she, the child was upon the bed, and I kept it on my arm. I said that is very extraordinary, for you might have laid the child down, and with that hand and the other you might have resisted the force offered you. I also said to her, How came you to keep it on your arm at such a time, and under such circumstances, without laying it on the bed? she said she must take care of the child, or to that effect.

Cross Examination.

Q. Was you not asked by the Justice about the symptoms? Did you not say, in five days time that they might go off, and there be no appearance?

Dr. Bromfeild. I do not recollect that; but I suppose in general they might go off in that time.

Sarah Davis . I saw Elizabeth Jarvis the day after this story; she was at her master's door; there were some people standing by her, and they were asking where Mr. Green was, and when he humped her. Her reply was, What is that to them? and if she liked it, she would do it again.

Q. to Eliz. Jarvis. You hear what this girl says, is that true?

E. Jarvis. I never said such a word in this world. I never saw her at our door.

Mr. Creighton. I keep the Three Tun Tavern; and the next house to where the girl lives is so contiguous, that if she had called out lustily, she must have been heard. I believe so, as the back of both are joining to the yard.

Humanities Jackson. I have known Mr. Green ten years or more; he is a good-natured, sober young man. I have been in company with him a great many score times.

Daniel Palisade . I have known him some years. I know no harm of him in any degree. He is a sober man.

John Davis . I have known him six or seven years. I never heard any thing amiss of him. I am clerk of St. Duns tan's's in the West, and live near his father.

Mr. Bennett. I live near his father. I am a Taylor. I have known him about three years. I have spent several evenings with him. I always looked upon him to be a sober, honest person. He is the last person I should look upon to be guilty of such a thing.

Mr. Crafts. I have known him three years. I look upon him to be an honest, sober young man.

Mr. Lancaster. I have been acquainted with him three or four years, and have been in his company several times. I never knew any ill of him.

The Rev. Mr. Williamson. I have known his father and mother about five years. His father and mother bear very good characters in the parish. He is a sober young man.

The Rev. Mr. Cook son. I have been acquainted with him almost twelve months; he has done duty for me. I never heard any thing amiss of him. He has in general a good character.

William Tuck . I have known him thirteen or fourteen years. I have worked for his father, who keeps a house in Fleet-street. I never heard any thing of him, but that of a sober young man.

Samuel Harrison . I have known him I believe twelve years. He bears a very good character as a clergyman.

William Worthington . I have known him about five years. I never saw nor heard any thing amiss of him.

John Hurdle . I have known him about ten years, and have been much acquainted with him. He is a sober, decent young man, and bears such a character that a clergyman ought to bear.

William Foster . I lodged in his father's house. He is a decent, sober young man, and bears a good character.

Nathaniel Willies . I have him known seven years. I can give him the same character as the last evidence.

Acquitted .

295. (M.) Judith Balding , spinster , was indicted for stealing a small wooden box, value one penny, one 18 s. piece, two guineas, one half guinea, and 4 s. in money, numbered, the property of John Marsh ; two shifts, value 2 s. two aprons, value 12 d. two pair of shift sleeves, value 6 d. and a pair of ruffles, value 6 d. the property of Hannah Butler , spinster , in the dwelling-house of John Marsh , April 11 . ++

John Marsh . I live in Lucas's-court, James-street, Golden-square . The prisoner was a lodger in my house for about five weeks. On the 11th of April, my wife and I went both out to work. She put the money out of her pocket into a little box as she told me, and put it among some foul linen at the bottom of a basket. She came home about three o'clock, and I rather before seven. She had missed the money just as I came home. We found the prisoner had taken her things and was gone away. There was another girl went with her, by the means of which, when she returned, I found out the prisoner.

Q. What money did you miss?

Marsh. I missed three pounds, fourteen shillings and six-pence. After that my wife went to search, and missed her linen, as mentioned in the indictment. I took the other person up that had absconded from the neighbourhood with her, on the Friday following, by which means I heard of the prisoner. We found her in Holborn. As soon as the warrant was served upon her, my wife said, Where is my box? She put her hand in her pocket, and gave it to my wife with two shillings and two sixpences in it. My wife asked her why she used her in that manner, and what she had done with the money; but she could give no account of it. We took her before Sir John Fielding , where she confessed she stole the money. It was mentioned to her, two guineas, one eighteen shilling piece, half a guinea, and four shillings. She was asked where she stole it from; and she said, she took it out of my apartment. On the Wednesday after she was taken before Sir John again, and she acknowledged it again. We found some of the linen at a pawnbroker's by her direction; but I found upon her no more than three shillings and sevenpence halfpenny with that in the box.

Q. What did she do for her livelihood?

Marsh. She worked at her needle . She is about twenty-seven or twenty-eight years old. She is a single woman.

Aaron Morris . I am servant to Mr. Hill, a pawnbroker. The prisoner at the bar pawned a pair of shift sleeves, and a pair of ruffles to me, on the 29th of March; and one shift the 5th of April, and another the 8th. I have known her some time.

John Simonds . I was the officer that took her up. The prosecutor's wife asked her for the box and money, upon which the prisoner pulled out the box from her pocket and delivered it to her. There were two shillings and two sixpences in it. She acknowledged she took it; with two guineas, one half guinea, an eighteen shilling piece, and four shillings in silver. She mentioned the particular pieces herself, and she had bought a gown and cloak with part of the money. The prosecutor's wife asked her about the linen, but she gave no account of it in my hearing.

Hannah Butler . I lodged at Mr. Marsh's. I gave the prisoner two shifts to wash for me when I lay in. The other things in the indictment of mine were left in Mrs. Marsh's care, and they were taken from our house. (Some linen produced.) These are all my property, except one shift.

Prosecutor. The prisoner said to me, there were two of Hannah Butler 's shifts in pawn, and one her own. This one I look upon to be her own.

Guilty . Death . Recommended.

296. (M.) James Tibolds was indicted for making an assault, on the King's highway, on Elizabeth Dawson , spinster , and taking from her person half a guinea, 1 s. 6 d. a silver shoe-buckle, value 4 s. and a leather shoe, value 6 d. the property of the said Elizabeth, against her will , May 1 . *

Elizabeth Dawson . I had left my place at the White-Swan at Knightsbridge. I was not well, so I took a coach at the watch-house, to go to Mrs. Brand's at Kensington Gravel-pits , a private house, to go down into the country; the prisoner drove me. He drove me to the ditch-side on the opposite side the way by Mrs. Brand's. I did not know where Mrs. Brand lived. I saw the house, but did not know it was her house. He opened the door on the farther side and pulled me out of the coach. I fell on my face, and it stunned me. I was not sensible. I was carried into a house by a relation of mine. I did not come to myself till after I was carried in at Mrs. Brand's. The prisoner was then gone. He was by the coach-side half an hour before he pulled me out. He said, D - n you, you shall come out. I lost half a guinea and eighteen-pence, and a shoe and silver buckle. My friends had taken the number of his coach, so I took him up last Thursday.

Q. Was there any body in the coach with you?

E. Dawson. No, there was not; nor no body by the coach side when he pulled me out. I paid the coachman before I came there.

Sarah Jeffery . I never saw the prosecutrix before I saw her at Mrs. Brand's, where I live. I saw the coach by the ditch side opposite our house. The prisoner drove it. I thought he was waiting for somebody; he was by the coach side; I could see his legs. After some time, the woman was brought into our house. I gave her some hartshorn drops and water. She said, she had lost her money and shoe. The coach was gone. Then we went to the place, but could not find any thing. After she was brought in, I went and fetched her bundle and hat from the coach. That was about four or five minutes before the coachman drove away. Her face was bloody, and her gown-sleeve bloody also.

Q. Was she fuddled or sober?

Jeffery. I cannot say, having never seen her before. She said she had lost her money, and thought the coachman must have it.

John Grover . I went out and saw the coach standing. I went in and eat my supper. Then I went out again, and heard a noise at the coach. I went round it; there lay the woman. I went and got a chair, and carried her over to Mrs. Brand's. I asked the coachman how long he had been there; he said he had stood there a good while. There were her things lying about the road.

Q. to Prosecutrix. Had you been drinking?

Prosecutrix. I spent a couple of shillings at the tap-room at Knightsbridge.

Q. Did you see or feel him take your money?

Prosecutrix. No, I did not.

Prisoner's Defence.

The woman came with another woman with her, very much in liquor. She said she would have a coach: I said, I would not carry her at all. She much desired one. Then said I, Get in. She was mortal fuddled to be sure. We got her in. I drove her to where she wanted to go, and then I got down. She said the house was farther up. I could not get her out for some time. At last she tumbled out by the side of the road. I goes to a house and said, She is in liquor, come and take her in; and two men came and took her in a chair. Then I said, There are some bundles come and take them out of the coach. The coach was swimming in piss. I said. There are two glasses broke, and my coach daubed, therefore I ought to have a couple of shillings. The man gave me them.

Q. to Grover. Did you observe the coach?

Grover. I did. The coach was very wet at the bottom; it ran down both sides the coach.

He called the Rev. Mr. More, and Alexander Richards ; who said, he always went by the name of Powderam, and that he was a very civil, good-natured, honest man.

Acquitted .

297. (M.) Samuel Levi was indicted for stealing eighteen pair of worsted stockings, value 5 s. the property of Ralph Mould , April 11 . *

Mary Mould . I am wife to Ralph Mould . My husband is a linen-draper and hosier . We live upon Little Tower-hill . The prisoner came into my shop, I think on the 11th of April, about a quarter before ten in the morning; I was in a room behind the shop. I got up to go to serve him, thinking he had been a customer. When I got into the shop, I saw he had a bundle in each hand tied up in paper; they were stockings; I saw my husband tie them up. I said, Sir, don't serve yourself, we will serve you. He immediately went out, and I followed him; he ran, and I called, Stop thief! A man came up and laid hold of him, the prisoner throwed the bundles away. They were taken up, and them and he brought back into our shop. ( Produced in Court, and deposed to.) Eight pair in one bundle and ten in the other.

John Mackey . I met the prisoner with a bundle under each arm. The woman called, Stop thief ! he ran and dropt the bundles. I ran, and a gunsmith and I took hold of him and secured him.

Prisoner's Defence.

I am a diamond cutter . I was going for a man to turn the wheel. I seeing a few people run, I ran also; and this man took hold of me, and said, You are the man that stole the stockings. I never saw the bundles.

He called Moses Levi , Abraham Hart , Hyam Stern, Henry Defree , Hannah Hart , and Sarah Bentley , who gave him a good character.

Guilty . T .

298. (M.) John Butler was indicted for stealing a cloth jacket, value 3 s. a pair of canvass trowsers, value 18 d. and a pair of leather boots, value 7 s. the property of Nathaniel Wetherall , April 10 . *

Nathaniel Weatherall . I am a sailor . The ship that I belong to lies at Limehouse . The prisoner was shipped on board her the 8th of April. My things laid in the indictment (mentioning them) were taken from off my chest between decks; they and the prisoner were missing together; and, on the Saturday following, I met him at the end of Gravel-lane, with my jacket on. I charged him with taking my things. He owned he had, and said he had sold my boots and trowsers in Rag-fair. He owned the same before the Justices in White-Chapel.

Richard Green. I was at the taking the prisoner. I heard him confess the taking the things.

Prisoner's Defence.

What they say is quite entirely wrong. I know nothing about them. I have not a friend within two hundred miles.

Guilty . T .

299. (M.) JOHN ABRAM , otherwise Abraham , was indicted for making an assault on James Owen on the King's highway, and violently taking from his person a metal watch, value 4 l. one guinea and four shillings in money, the property of the said James , April 24 . ++

James Owen . I live at Limehouse. On the 24th of April, about twelve o'clock at night, I was going home from Shadwell; I was stopped at the Horse-Ferry, in the Narrow-Street, Limehouse , by the prisoner and another person not taken. The other man, who was taller than the prisoner, held a pistol to me, and told me to stand several times. I asked them what they wanted. It shocked me at first; after I recollected myself I stood still. That man said to the prisoner, Search him. The prisoner came up and searched me. I said, I will give you my money, if that is what you want; you have no occasion to rifle me. He put his hand in my right-hand breeches pocket, and took out four shillings in silver, and from my left-hand pocket he took out a guinea; then the other man that had the pistol said, Now feel for his watch. The answer I made to him was, If you must have the watch, I will give it you; here it is. I was going to take it out, but instead of that he took it out himself. Just as they had got it, a man came up, I t hink it was a brewer's servant; then they ran down towards the water-side. I told the brewer's servant I had been robbed. He and I ran after them. They jumped into a boat, and away they went. I saw them as far as Horse-Ferry, Ratcliff-Cross, by the light of the water. I saw the prisoner again at Sir John Fielding 's that day week. I knew him as soon as I saw him. I gave the same evidence there as now. He was in the same coat when he robbed me as now. It was a very fine, serene, moon-light night.

William Benton . I am turnkey at Bridewell in the Borough. I think it was the 28th of April the prisoner came to me and said he had got something for my wife; (I knew him before;) he said it was a watch. He shewed it me, and offered it me for two guineas. I was not for buying it. Then he said he would go and pawn it; I then said, I will lend you two guineas upon it, and if you bring me the money again in a month's time, you shall have it. I then was thoughtful he had stole it. He left it with me. Soon after I saw it advertised. I knowing he was bound over to give evidence against people in Surry gaol, and as I knew not where to find him, I got him to come within Bridewell, I turned the key upon him, and desired to know how he came by it. He said he got it at gaming. (The watch produced and deposed to by prosecutor.)

Prisoner's Defence.

One morning I met a short man in Nightingale-Lane. I knew him before. We went to a public house in East-Smithfield. He whispered to me he had got a watch he wanted to sell. I asked him how he came to have two; he said he fillupt his against the other and won it. He said he wanted money. I said I am going into the Borough, perhaps I can sell it for you. We went to the Borough. He desired me to get two guineas for it. I shewed it to Mr. Benton, and he gave me a guinea and a half for it. Thomas Cox , a waterman, that lives at Stone-Stairs, saw me buy it.

Thomas Cox . I am a waterman. I was in a public house, the Lion man of war, near a fortnight ago, about twelve o'clock in the day, when the prisoner came in. I called him to drink part of my pint, knowing him. There was a young fellow asked him and me too if we would buy a watch; it looked the colour of gold. I had it not in my hand. I observed the gilt was off at the bottom of the case. (He takes the watch in his hand.) This is the very watch. The man seemed to be quite a stranger to each of us. They went out together, and left me in the house.

Benton. At the time I took the prisoner, this evidence Cox was with him with another young fellow, which was the reason I did not apprehend him till I got the key turned upon him.

John Grantham , of Nightingale-Lane, and his wife, with whom the prisoner had lodged about five weeks, were called upon by the prisoner as to the time of his coming in at night, and going out in the morning, but they neither of them would take upon them to swear he had not laid out of their house a whole night.

Guilty . Death .

The prisoner was cast at St. Margaret's-Hill last January Sessions, for stealing a quantity of tallow, and received sentence of transportation, but had received his Majesty's pardon.

300. (M.) Eleanor, wife of John, Morgan, otherwise Walker , spinster , was indicted for stealing two linen shirts, value 5 s. one silver tea-spoon, value 6 d. two linen handkerchiefs, value 1 s. a pair of mittins, value 1 s. a pair of laced ruffles, value 1 s. a child's linen frock, value 1 s. a muslin neckcloth, value 1 s. two linen table cloths, value 1 s. a linen towel, value 3 d. and one china punch bowl, value 2 s. the property of William Hardiman , April 20 . ++

William Hardiman . I live in Little George-Street, Marybone. When part of these things were taken away, I kept a public house in Queen Anne's-Street . The prisoner has been a lodger with me from August last. I having a great suspicion she must be guilty, I took her up on the 20th of April. She said if I would go into a public house, she would declare what she had done. Then she told me she had pawned two shirts, for five and three pence each, at Mr. Murthwate's. wife went and took them out, and paid eleven shillings and six-pence for them. After that found there were other things there; then I her before Sir John Fielding , and going along she desired I would take her into a public house, and she would tell me all; she then confessed to a tea-spoon and a linen handkerchief, pawned at the same place, where I went and found them.

John Morgan . I heard the prisoner own to the taking the things and that they were the prosecutor's property this was in Carney-Street, Carney Market; she also in my hearing confessed to the ta two shirts, and upon further examination confessed to more things.

Mr. Murthway's apprentice produced a neck-cloth, a pair of laced ruffles, a white handkerchief, a pair of black mittens, a tea-spoon, a punch bowl, two table cloths, and a long robe, which he deposed the prisoner pledged with him and his fellow servant. (Produced in court.)

Prisoner's Defence.

The prosecutor promised, upon my owning it he would forgive me. I have no evidence here but my husband, and he is against me.

Q. to Prosecutor. How comes it that her husband is produced as evidence against her?

Prosecutor. I did no call upon him to give evidence. I know no other reason for it, than that she has pawned all his things, even his clothes and shirts off his back.

Mr. Recorder. Gentlemen of the jury, you must lay the husband's account out of the question. It is not evidence.

Q. to Prosecutor. What family has she?

Prosecutor. None at all.

Guilty . T .

301. (M.) Matthew Dallaway was indicted for stealing eight silver spoons, value 40 s. and six silver tea-spoons, value 20 s. the property of Henry Brown , April 6 . ++

Henry Brown . I live in Hungerford market , and am a Butcher . When my house was on fire, the prisoner came to assist me in moving my goods. The fire was in the morning, and about seven in the evening on the same day, a pawnbroker came to me, and asked me if I had lost any silver spoons; I said, yes. I went with him to his house, where he had stopped two spoons, but not the man. He said he knew him very well, and that his name was Dallaway. I said I knew him too. Coming home, I saw the prisoner in the Strand, and took him, and had him before Sir John Fielding . Sir John Fielding not being at home, he was carried to Tothill-fields Bridewell; after that he was brought and committed, when I took him and carried him to the pawnbroker's, and searching him, I found four more spoons (produced and deposed to) in his pocket. The rest he had made away with.

Jasper Notley . I am servant to Mr. Keyte, a pawn broker, the prisoner brought these two spoons (produced in Court and deposed to) to our shop the morning that he fire happened and said he was sent with then by Mr. Brown, and wanted half-a-guinea up them. I had heard there had been a fire at Hungersord, so I asked him if he had been at it. He said, Yes. I said, I hoped he had not taken them; he said, No, he had not. I stopped them, and sent for Mr. Brown. He came, owned the spoons, and took them away. A little time after he came back with the prisoner, and there were four more found upon him.

Q. to Prosecutor. Did you deliver these spoons to the prisoner to take care of them for you?

Prosecutor. No, I did not, nor to pawn neither.

Prisoner's Defence.

In helping to move his goods, I found the spoons in the open street, wrapped up in a piece of paper; I was very much in liquor; I took and put them in my pocket. After that there were two soldiers drinking with me, who left me to pay the reckoning, so I was obliged to make away with some of them. I served his Majesty twenty-three years and eleven months, and am an out-pensioner of Chelsea hospital now.

Stephen Macdugal . I have known the prisoner two years, he always behaved honestly.

Guilty . T .

302. (M.) Stephen Hope was indicted for stealing a quart silver tankard, value 39 s. the property of James Campbell , May 2 . +

James Campbell . I keep a public house in Shad Thames . On the 2d of this instant I lost a quart silver tankard out of a beauset in my bar. I never saw the prisoner before that evening. I missed it immediately. I took coach and came to Round Court in the Strand; having intelligence where he was going. I there saw him, but he outrun me. He had the best pair of heels that ever I saw. I called, Stop Thief! and he was soon taken.

John Siden . I was going from the Strand towards Covent-Garden, when in Maiden-Lane I heard the cry, Stop Thief! The prisoner was seized about ten yards before we came up to him. I saw him throw the tankard away. (Produced in court.)

Prosecutor. This is the tankard I lost that day. The person that took it up in the street delivered it to a friend of mine, but did not care to be troubled in attending here.

Prisoner's Defence.

I went to see a friend of mine at Cherry Garden Stairs, at the corner of the street where the prosecutor lives. I met a man that I was acquained with; we went into this house to drink. We had two tankards of beer, and a paper of tobacco. I came out after I had paid for one pot. Coming down the street, I met the man again: he asked me whither I was going; Home, I said I was. He said if I would take that thing home for him, he would be obliged to me. I said if it would be no way cumbersome, I would. He took it out of his pocket, and said he was going down to Leverpool, and would carry it to his mother there. I took it, and at the corner of Halfmoon-Street I met the prosecutor; he stopped me and called me thief. Then it came into my head that it was stole, so I ran away, and dropped it.

Prosecutor. When he came into my house he had a man with him, named Dunn, whom I have known five or six years. The prisoner went away before him.

Guilty . T .

303. (M.) John Burnett was indicted for breaking and entering the dwelling house of William Hynam on the 7th of April , about the hour of four in the night, and stealing a silver tankard, value 9 l. a silver waiter, value 3 l. six silver table-spoons, value 3 l. a pair of silver tea-tongs, value 8 s. a silver milk-pot, a pair of silver salts, two silver salt-shovels, and five silver tops of cruet-stands, the property of the said William, in his dwelling-house . +

William Hynam . My house is in Ratcliff High Way, at the corner of Prince's-Square . On Saturday the 7th of April, in the morning, about six o'clock, my maid came and told me my house was broke open. I went down, and found the outside shutter of a window was wrenched off, and the things laid in the indictment (mentioning them) were taken away out of a closet. I went to Sir John Fielding , and got hand bills distributed about. On the Sunday morning Mr. Keys, Mr. Lyon, and Mr. Lazrous, came and told me some of the things were stopped, and that they had got one of the robbers.

Q. Was your house fast over night?

Hynam. My parlour, which I always sit in, was fast, which I left about half an hour after ten at night. I am always the last up in the house. I had an apprentice which lay in the shop. When he heard the shutter fall into the room, he got up, thinking the cat had thrown something down. He saw a man with a dark lanthorn, and he was so struck, that he ran and hid himself in his bed again. This he told me was about four o'clock. The shutter was thrown into the middle of the room from off the hinges.

Moses Lyon . On a Saturday, ten minutes before six in the morning, the prisoner and another man came to my house. The man said he had got some plate. I said, It is my sabbath, therefore I cannot touch money to-day. If you leave it with me, I will go and weigh it, and pay you in the morning. After they were gone, I went to Mr. Lazrous and Mr. Keys, and let them know that such things were at my house, and asked what I should do. They said, Leave the plate at home, and when they come, we will come and take them. At night the prisoner came, and I gave notice to them. I put the spoons and salts in my pockets, and went over to an alehouse and shewed them to them. I told the prisoner I would not pay him, without the other, his companion, was there. The other man never spoke a word to me.

Solomon Lazrous . Mr. Lyon came to me about two months ago, and said he was linked in with a parcel of thieves, who came to his house with stolen goods; and as he was an old man, he was afraid of being transported fourteen years. He advised with us what to do. We advised him to stop thegoods, and come to us, and we would assist him. He came one Saturday, about ten or eleven o'clock, and said, there were a couple of young fellows that had brought some plate, and had left it in his custody. I took him to Mr. Keys. They were to come to fetch the money. He agreed to give us notice. He came at night to us and agreed to give us a call. We went to his house. The door was upon the jar. The silver was all there, the prisoner and Lyon were agreeing, they talked of four shillings and four shillings and six-pence. Keys secured the prisoner, and the plate. He desired me to stay there, and he would go and see for the other thief. The prisoner said, Do not take the plate, for where that goes I must go. Keys came back again, but the other person got off. (The plate produced and deposed to by prosecutor.)

Henry Keys . I am constable. I was there, and took the prisoner into custody.

Prisoner's Defence.

I met John Bagnall , a schoolfellow of mine, who asked where I was going; I said to my father in Leadenhall-street. He asked me to go with him to Mr. Lyon's. I did. He then took out some plate. Mr. Lyon desired him to come again. At night he went down to Mr. Lyon's with some plate in his pocket, and some in a silk handkerchief. The two officers came up and took hold of me. They wanted to take the plate away; but I said the plate shall not go without me. I said, Where that goes, I will go to clear my character.

He called Nicholas Beckman , Francis Hill, and Joseph Rowland , who said they knew no ill of him.

Guilty of stealing the goods only . T .

304. (M.) William Perry was indicted for stealing two linen shirts, value 5 s. and one muslin neckcloth, value 1 s. the property of James Whitehead , April 10 . *

James Whitehead . I am coachman to Sir John Lindsey , who has stables in Bentinck-street Muse . The prisoner came to the stables about the 5th or 6th of April; and being behindhand with my work, I employed him, and gave him six-pence. In the mean time, there came an acquaintance of mine. We went to have some purl, and when I came back, the prisoner had locked himself in the stable. I got in by undoing a button; then the prisoner pretended he was not well. About two days after, I came home about eleven at night, when I found the coach-house door open. I went up stairs, and missed my great coat, two shirts, and a neckcloth. I suspected the prisoner. I found him about the 10th; he had one of my shirts on, which he owned to be mine. The Justice ordered it to be taken off. The prisoner owned he had pawned the other shirt and neckcloth. I went as he directed me, and found them. ( Produced in Court and deposed to.) He owned he had sent my coat to pawn by a man who had sold it out and out.

Robert Core . I took in a shirt and neckcloth of the prisoner (the shirt was marked J. W.) on the 10th of April.

Prisoner's Defence.

I was coming up the road, and met a Jew and two women. The Jew offered me two shirts and a neckcloth to sell, and I bought them; but in a day or two after I was taken up on suspicion of stealing his things.

Guilty . T .

305. Martha Boardman , spinster , was indicted for stealing a linen shirt, value 12 d. and a linen shift, value 3 s. the property of Richard Mansell , April 21 .

The prosecutor did not appear. Acquitted .

306. (M.) John Baker was indicted for receiving a Pinckbeck metal watch, value 10 s. the property of Peter Bigott , Esq ; well knowing the same to have been stolen by John Lambden , in the county of Essex, September 22 . *

A copy of the record of the trial and conviction of John Lamden read in Court; wherein it appeared, that he robbed the prosecutor, Mr. Bigott, of the watch, seal, a guinea, and a quarter guinea, on the highway, in the county of Essex, on the 20th of September, 1768, and was tried and capitally convicted for the same at the Essex assize, February 28, 1769.

Peter Bigot , Esq; On the 20th of September last in the evening, going home to my house at Upton in Essex, attended by my servant, about a mile beyond Stratford , John Lambden attacked me and my servant, and robbed us both. I prosecuted him at Chelmsford, and he was convicted. But before that I applied to Sir John Fielding , who advised me to put out hand-bills. I did. After which, I was informed a man was apprehended, offering my watch to pawn. By his being apprehended, I came at the knowledge of Lambden. I gave evidence against him on the trial. It was a Pinchbeck metal watch and seal; the watch was ordered to be kept, in order to be produced on this trial.

John Nash . I live at the corner of Strutton-ground, with Mr. Hulsey, a pawnbroker. On the 22d of September last, the prisoner came to our house, with this watch, (producing a Pinchbeck metal watch) and asked fifteen shillings on it. I was told there was another man came with him to the door, but I do not know who he was. I heard that man say, Don't take less than fifteen shillings upon it. I had read the hand-bill from Sir John Fielding , so I saw the watch answered to the bill. I asked him how he came by it, or whose watch is it? He said, What was that to me. I shewed him the hand-bill, and told him it was stole. I sent the boy in the shop for an officer. The prisoner said, You may keep the watch, but I shall go. He went away, and went down Strutton-ground, and I after him. He walked till he came to the bottom, where there was another man waiting for him. They looked back, and saw me, and immediately they ran towards Tothill-fields Bridewell. They found I got ground of them; then they parted. The prisoner asked me what I wanted with him; he then was walking on. I then went immediately to Mr. Wright, at Bridewell, and said, Here is the watch, and there is the man; pointing to the prisoner: Then he, I and another person went and took him upon the Green. He made some resistance. We took him into Bridewell. There we examined him. He was very resolute. We found this pistol loaded in his pocket ( producing a flat pocket pistol): He said, he bought the watch of a journeyman baker. He was examined afterwards before a magistrate, and confessed he had it of Lambden.

Prosecutor. Lambden was a journeyman baker.

Nash. The last time he was examined before Sir John Fielding , was about a fortnight or three weeks after; then he said he had the watch of Lambden. Lambden was taken about three days after. Lambden was found out by a letter that was sent to some person.

Prosecutor. This is my watch ( holding it in his hand) which I was robbed of in Essex by Lambden.

Henry Wright , the turnkey of Tothill-fields Bridewell, confirmed the evidence given by Nash, as to the taking and searching the prisoner, and his confession.

John Fulcher . I keep the Red-Lion alehouse, Christopher-yard, Southwark. I have known the prisoner three years. I never saw Lambden but twice in my life. He came to my house the 14th of last September, and asked if I could lodge him. About ten minutes after that, the prisoner came in. They drank together, and then they and two others went all up stairs and lay in one room, where were two beds. I do not know whether they were bedfellows or not; they both lay in one room. I saw Lambden and the prisoner together. Also on the 16th, Lambden had about a pound and a half of beef-steakes dressed in my house. The prisoner was in my house before he came in. Lambden asked him to eat with him; he did, they had a pot of beer and a glass of brandy. This was the very same Lambden that was tried at Chelmsford. I was also there upon the trial.

Prosecutor. The seal was found upon Lambden, when he was taken.

Prisoner's Defence.

I received that watch of John Lambden to pawn for him. I lit of him promiscuously in Westminster. I innocently went to pawn it, and the pawnbroker stopped it. He asked me how I came by it. I said, I had it of a young man to pawn, who was at the door, at that time. When the man said it was advertised, and shewed me the bill, I went out of the shop to the young man, to clear myself, but he was gone up the street. I followed him, and the pawnbroker came after me. I told Lambden I was stopped with the watch, and begged of him to come back. He ran away directly. I never ran, I walked away. I lived with Mr. Hobbs's father at Stanmore. He is upon the jury, please to ask him my character, and also Mr. Fulcher.

To his Character.

John Fulcher . I never heard any thing amiss of the prisoner before this. I knew him when he lived with two bakers. I have trusted him, and he has paid me.

Tussin Hobbes. The prisoner lived with my father a little while. I know but very little of him. I can say nothing as to his character for or against.

Guilty . T. 14 .

307. (L.) William Nicholls was indicted for stealing a silk handkerchief, value 3 s. the property of Daniel Giles , Esq ; April 25 . ++

Daniel Giles , Esq; I was in Bishopsgate-street on the 25th of April, between one and two o'clock in the day, when a young man came to me and told me I had lost my handkerchief. I felt, and found I had. I asked him if he saw any body take it, he said, Yes; and described a man with a handkerchief round his neck in a great coat, with another along with him, and they ran down Great St. Helen's. I told him I would go round Leadenhall-street, and perhaps we might meet him coming up St. Mary Axe. We went together. I saw a man as he had described; he said, That is the man I seized him, and charged him with taking my handkerchief; and drawed him a little forward. While I was speaking to him, somebody said, He has dropped your handkerchief. I took it up, and put it in my pocket. (Produced and deposed to.) It was dropped close by the place where I first seized him. I asked him if he would go with me before my Lord Mayor, and told him I would give him a coach, and go with him. He said he would not go in a coach, but desired I would deliver him up to the mob. He went on his knees, and said he was innocent. Then I sent for a constable; when the constable came, he desired to have a coach. Then I said he should walk on foot. I took him to the Mansion-house, but my Lord Mayor not being there, I took him to Guildhall; when Mr. Alderman Crosby examined him, and committed him.

Robert Long . I live in Bishopsgate-street. On the 25th of April, as I was standing at my master's door, I saw Mr. Giles go by, and the prisoner and another man close after him. I watched them. I saw the prisoner take out Mr. Giles's handkerchief from his pocket. I ran to him, and informed him of it. (The rest as the prosecutor had deposed.)

Prisoner's Defence.

I am not guilty. I am a ribbon-weaver by trade.

Guilty . T .

308. (L.) James Catling was indicted for stealing a frail, value 2 d. and forty pounds weight of raisins, value 10 s. the property of persons unknown, April 18 . ++

John Long . I am a merchant's watchman on the keys. I was at Bottolf wharf on the 18th of April, about one in the morning, where there were a large pile of frails of raisins, about three thousand of them. The prisoner came and took one of them and put it on the table; after that he took it up from the table and was going to go off with it. As I was going to take him, my coat buttons hit against a chair; he heard it, and threw the raisins on the table again. Then he stopped behind the crane room, and staid there some time. I having no body to assist me, I was afraid to take him by the water-side. There came a merchant's watchman out of an alehouse, then we went and took him upon the wharf, about five or six yards from the place where I first saw him.

Prisoner's Defence.

I know no more of it than of my dying day. After this they brought a man up, and the raisins. I believe the constable was bail for that man, and they let him go.

Long. When I came back from carrying the prisoner to the Compter, the frail of raisins was gone from the table, and it was found in a boat. A man, called Battersea Jack, was coming with his sculls, and I said, Is this your boat? He said it was. I said, How came that frail of raisins in your boat? He said he did not know. I went to call the constable and watchmen, then Battersea Jack had put the frail out of his boat into a luggage boat, and was going away. I said, You had better come back, or I shall send for you. He did. I took him also before a magistrate, but not bringing the person that saw him put the frail in his boat, he was discharged.

Guilty . T .

309. (L.) Mary Harding , widow , was indicted for stealing one pewter pint pot, value 6 d. the property of Benjamin Marshall ; one pewter quart pot, value 1 s. the property of William Smithergale ; one pewter pint pot, value 6 d. the property of Richard Dodd ; one pewter pint pot, value 6 d. the property of Adam Saunders ; and one half-pint pot, value 6 d. the property of John Andrews , April 8 . ++

Benjamin Marshall . I am a publican , and live at the King's Arms in Bishopsgate Church Yard . On the 8th of April I was gone out a little way, when I came home, the prisoner was in my house, in the possession of a constable. She was charged with stealing a pint pewter pot, my property.

Mrs. Marshall. I am wife to the prosecutor. The woman at the bar came into our house on the 8th of April, the moment she came in she took a pewter pint pot from off a bench, and put it under her apron; she turned about, and saw me, then she called for a half-penny worth of gin. I asked her what she had under her apron. I turned it back, and there was one of my pint pots in her hand; she let it fall, and ran out. I caught hold of her cloak, it gave way; she fell down in the passage, and another pint pot fell from her. She got up and away she ran, and I after her, and called Stop thief! she was stopped, and by shaking her about, the rest of the pots mentioned in the indictment were found upon her. Two pint pots, a quart pot, and a half-pint pot, besides my own; one of them had a string tied to the handle. By the names on the pots we let the owners know. (The pots produced in Court.)

William Smithergale , a publican on Tower-hill , Adam Saunders , John Andrews in East Smithfield , with Mr. Marshall, deposed to their respective pots.

Prisoner's Defence.

I was much in liquor. I know no more about them than the child unborn.

Guilty 6 d . T .

310. (L.) Michael Mills was indicted for stealing a linen handkerchief, value 10 d. the property of William Thorpe , April 16 . ++

William Thorpe . On the 16th of April I was upon Tower-hill , about ten minutes after eight. I got out of a coach and was going to pay, when Mr. Davison laid hold of the prisoner, and asked me if I had not lost my handkerchief. I felt, and said I had. Immediately my handkerchief was thrown on the pole of the coach between the horses.

Jabez Davison . Mr. Thorpe and I were discharging the coach, but seeing the prisoner take Mr. Thorpe's handkerchief out of his pocket, I spoke to Mr. Thorpe and ran after the prisoner, and said, You rascal, you have taken this gentleman's handkerchief out of his pocket. He took and flung it over my head, and it rested on the pole of the coach. There was another person with him, but he ran away.

Prisoner's Defence.

I was not near the gentleman at all. I work at the glass-house . I was sixteen years old the twentieth of last month.

Guilty . T .

311, 312. (L.) Mary Harris and Louise Smith , spinsters , were indicted for making an assault on Benjamin Shatten , putting him in corporal fear and danger of his life in the dwelling house of Thomas Dean , and stealing from his person a canvas bag, value one penny, and ten guineas, the property of the said Benjamin, against his will , April 13 . ++

Benjamin Shatten . I am a dealer in horses , and live at Wolverhampton in Staffordshire. I was coming down Chick-lane on the 13th of last month, about eight at night; it was darkish; when Mary Harris came and clapped me on my shoulder, and said, Countryman, how do you do? I turned round and said, I do not know you. She said, Did not you come out of Staffordshire? I said I did. She said she had some friends in Staffordshire she wanted to have some talk about, and wanted me to go in and drink a pot of beer. I said, Come with me, we can go into any of these houses here. No, said she, there is no good beer here; come along with me, and we will have a pot of as good as any in town. I went along with her. She took me to a house where there was a little woman in it. (I never was there before.) It was near Black-Boy-Alley ; it was on a ground floor. She bid me sit down. There was a bed-stead, and a blanket or something on it. Smith came in and said, How do you do, countryman, how does all friends in Staffordshire? One of the women said they will not trust for the beer, without they have the money. I took out my purse, and gave Smith a shilling, and desired her to bring me change. As soon as she went out of the door and pulled it too, the woman of the house said she would go for the beer. She went out, and pulled the door after her; then Mary Harris up with her hand, and struck me cross my breast back-handed, as I was sitting on the bed; then both the prisoners seized me. I hallooed out murder as fast as I could. Harris seized my right arm, and held it down upon the bed. Smith catched hold of my mouth, and said, Blast your eyes, what are you hallooing out! I put my hand up to break her hand from my mouth. She catched fast hold of my arm, and put the other hand down to my left hand breeches pocket and took my purse out with ten guineas in it and a ten pound bank bill. It was a yellow canvas purse. Then Harris ran to the door, and catched the door in her hand. I jumped up after her, and as she was going out I caught hold of her. She struck at me. I put my head on one side, and the blow came upon my breast. She pulled the door too, and caught my hand between the door and the door frame. The other prisoner was got into the street, but I held Harris, and would not let her go. I held her there and hallooed, Is there no good Christian who will send for a constable? There was a woman in the alley said, Have you got any money? I said I have got no money, but I will pledge my watch for money, if any body will but assist me. Harris said, D - n you, you dog, if we knew you had got a watch, we would have had that and all. The little woman that pretended to go for the beer, she came in the mean time, and threw the beer in my face two or three times. Then she went into the house, got a candlestick, and came out and struck me with it several times in the alley. I held Harris all the time. She said she would go into her own house. I let her go in, and put the door too. They had got a black woman in the house, they brought her to me, and said, There, take the D - l. Harris wanted to get away. I caught hold of her again, and held her till the constable came. They struck him with a candlestick several times. A woman in the alley ran for a constable. I do not know but, if it had not been for that woman, they would have murdered me. Harris and the woman that fetched the beer were taken at last, and put in the Compter. The next morning, being Friday, the other prisoner Smith was taken in a house hard by where they robbed me. I knew her again by a cut a-cross her left arm, and a mole under her left eye. I took notice of her when she called me countryman.

Q. Did you ever get your purse or money again?

Shatten. No, I never did, nor my 10 l. bank note neither.

Q. Was you sober?

Shatten. I was as sober as I am now. I was going to the White horse in the Fleet-market to my quarters.

Q. How came you by that money?

Shatten. I had sold a horse for thirteen pounds, on the Tuesday before, and I received a ten pound bank note, and three guineas, and the other money I had in my pocket made the money up ten guineas.

Q. Were there any familiarities between you and either of the prisoners?

Shatten. No, there were not.

Ann Wilder . I live opposite the house where Harris lives. It is an alley that goes through into Black Boy alley. I was coming along in the street, and heard the prosecutor cry out murder. A little woman that is not now here said, When you go up, you will hear some fun. I said, What is the matter, mistress? I heard a man say, I shall be murdered here: I am robbed of ten guineas, and a ten pound note. I went into my house and sat down, and when I heard him say it was all he had in the world, I went to see. I found it was the prosecutor. One had a pan, the other a candlestick. There was Harris and the other that is not here. People said Lucy Locket has run up with the purse in her hand ( that is the name Louisa Smith used to go by.) The man called out sadly, and cried and said, He would give any body any thing in the world. Is there any Christian here? If I am in a christian country, surely I shall have a porter. Said I, If you have any money, I will get a constable; but if any body assists you here, they will get murdered. He said he had a watch: then one of the women said, If we had known you had a watch, you should not have had it so long. That was either Harris, or the other woman that is not here. They strove hard to get away. The man said he would lose his life before they should. They desired him to go into a room. They then brought a black-a-moor to him. There was a young man came to assist, but they broke his mouth, and made it all on a gore blood, and used the prosecutor basely. The young man went out and fetched a constable, and Harris and the other woman were secured. The next morning Smith came into the neighbourhood. They were looking for her. I told them if they would go on one side the dunghill, I would shew them her. I went and took her by the collar, and said, This is one of them that robbed the man of his money.

Q. Have you had a quarrel with the prisoners?

Wilder. No, I never have; but I know they rob every body that comes by the place.

James Williamson . I am a constable. I was sent for to take up these people for robbing this man, but I was not at home. My apprentice went, and they used him very ill. When I came home, I went there, and the prosecutor declared they had robbed him, and threatened to murder him; also that he was in danger of his life. Harris said he had robbed her. He said they had robbed him of ten guineas and a ten pound bank note. I said to the woman, You are a base woman, therefore I'll take the man's word. I took her and another woman, and had them to the watch-house, and left them in charge of another constable. I did not take the other prisoner, she was gone, but she was taken the next day. She was almost naked the day before, and when she was taken, which was the next day, she was well cloathed, with a good pair of stays, and other things that were good.

Michael Wood . On the 14th of April, a warrant was granted by the sitting Alderman, and delivered to me to go and see after Lucy Locket (that is Smith, who went by that name). We wer e informed she was at Lambeth, but we found her in Black-Boy-Alley. I searched her, and found four shillings in silver, and twelve pennyworth of halfpence upon her. She had all new things on.

Q. Did you know her before?

Wood. I never saw her in my life before. She blasted her eyes, and threatened what she would do to me if I took her. I took her to the Compter, and there she was stripped, but nothing more was found upon her.

Harris's Defence.

I had been out on the top of the alley for some tea and sugar, and coming down the alley, this Mrs. Wilder's daughter was quarrelling. I laid hold of her, and kept her from fighting. I said to Mrs. Wilder, Are you going home? She said, No. When I came to the door, there they cried fire and murder ! I said to a man, What is the matter? He said, The man says he has been robbed. Said I, By who? He said he did not know, but it was in my room. I went in, and when I came out again, the man laid hold of me and said I was the person that held the door while the other robbed him. He held me sometime. There came another woman, then he let me go, and said she was the person. She got out of his hands, and he laid hold of me again. I gave him a push with my right hand on his shoulder, and desired him to let me go in at the door, and not to stop me in the street. He let me go in. I desired the boy that was there to go about his business, and another woman that was by struck the boy. As to any money, I never saw no money at all.

Smith's Defence.

I never saw the man till the time he took me. That night I went up to Lambeth, and they came after me the next day. When I came home, they said I had been charged with robbing a man. I went there and said, What do you want with me? and they took hold of me.

Q. to Prosecutor. This prisoner speaks of another woman that you challenged.

Prosecutor. There was another woman that went for the liquor, she that struck at me with the candlestick. There were four women taken up, the woman that went for the liquor, a black woman, and the two prisoners.

Williamson. I believe the prosecutor would have been murdered, had it not been for me.

Q. Whose house was this done in?

Williamson. It is the house of Thomas Dean . I collect the taxes there.

Both Guilty . Death .

313. (M.) Daniel Collins was indicted, together with John Bird not taken, for stealing a linen bed-gown, value 6 d. a silk sack and petticoat, value 20 s. a silk night-gown, value 5 s. two callico aprons, one linen towel, two quilted petticoats, one pair of paste shoe-buckles, and one garnet stone heart, set in gold , the property of Alexander M'Cloud , March 28 . ++

Susanna M'Cloud . I am wife to Alexander M'Cloud . We live in Queen Square, Westminster . I had been out on Easter Tuesday, and returned about ten o'clock in the evening. The maid went up stairs, and came down and said she thought somebody was in the house, as the sash was open. I went and got a gentleman and his footman to search about; they found nobody; but I missed the things mentioned in the indictment; some from out of a closet in my bedchamber, and some out of a bureau, which was broke open. Three weeks after I was coming through St. James's Park, and met Margaret Carrol with my bed-gown on her back. I followed her, and took her up before Sir John Fielding . She declared she bought it of one John Bird , who has since made his escape from Bridewell, and that this prisoner was concerned with him in selling it. When Collins was before Sir John, he declared that Bird was under the bed when my maid put the children to bed; that Bird went into the house and flung the things out over the park-wall to him; and that they carried them to the woman to fell them. The woman described all things. Bird had a little before cleaned all my windows.

Margaret Carrol . I live in Tothill-Fields. I bought the bed-gown of John Bird and Collins on the Thursday or Friday in the Easter week, at the Chequer door in the Almory: they came afterwards and brought other things (mentioning the other things in the indictment), and asked me if I knew where to fell them. I said I did not. They said they found them. They took them, and said they sold them by Duke's Place. (The bed-gown produced and deposed to.)

James Pritchard . I took up the prisoner, and he asked me whether Bird had turned evidence. I said, No. Then he said, Shall I turn evidence? I said, There is evidence against you both.

Prisoner's Defence.

I am innocent of it.

Guilty . B .

314, 315, 316. (M.) Benjamin Jones , Thomas Jones , and John William Pittman , were indicted for stealing one gold laced regimental coat, value 40 s. one regimental laced waistcoat, value 10 s. a pair of buckskin breeches, a man's hat, twelve shirts, two blankets, six pair of stockings, six muslin neckcloths, five pair of silk stockings, one linen gown, one pair of garters, and four linen aprons , the property of William Hunt , April 15 . ++

William Hunt . I am a serjeant in the guards . On the 15th of April the things laid in the indictment (mentioning them) were all taken out of my parlour. I missed them about a quarter before nine o'clock in the evening; some out of a closet, and some in a basket on the table. The door had been forced open. I got the crier to cry the things. Afterwards William Salmon came and informed me he suspected the persons that did it, and one the 16th, he sent for me, and informed me the three prisoners had been at his house, and were gone to Tothill-fields Bridewell. He and I went and met them coming out. We stopped them. We found a neckcloth on Thomas Jones's neck, which my wife has swore to. They made great resistance. Thomas Jones and Pittman got away, but were soon retaken.

Sarah Hunt . I am wife to the prosecutor. (She mentioned the things lost; also the stock produced in court.) This I know to be one that was taken out of our house. I have washed for the gentleman that owns it two years. It is marked W.

William Salmon. I live at the Bricklayers Arms, at the corner of Strutton-Ground. The night of this robbery the three prisoners were together at my house three quarters of an hour. They were gone some time before the crier came. He came about ten. Then I mistrusted they must be the persons.

The rest as the prosecutor had said before.

William Limes deposed he was near when the prisoners resisted, and two got away, and that he helped to retake them.

James Brown . I am a cooper. I was drinking at Mr. Salmon's that Saturday evening, and I saw the three prisoners there. They went out together about twenty minutes after eight.

James Percival and Elizabeth Cane , two children, deposed they were near the prosecutor's door, and saw the three prisoners come out with a basket and bundle that evening. Cane, when she got home, told her father-in-law, Mr. Salmon, of it, which he deposed strengthened his suspicion.

Benjamin Jones 's Defence.

I am a Taylor , and was discharged. I met with Thomas Jones at the Sugar-loaf in Fleet-street, he desired me to take a walk with him to Totthill-fields Bride well. We went to Mr. Salmon's, and had some porter and radishes and bread and butter that Saturday. We all came out together, parted at Charging-cross, and went home to our lodgings.

Thomas Jones 's Defence.

The great anxiety of mind I labour under, in a manner deprives me of the means to defend myself, yet I am fully persuaded, from your integrity, my innocence will appear. I cannot but be astonished to hear people, instigated by corrupt hearts, lay false things to my charge. I hope your lordship will let me have an opportunity to call in a person who was with me when I bought that neckcloth. I bought three in all.

Pitmans's Defence.

I am a plaisterer by trade. I went to take a walk with Jones. I know nothing of the matter.

Thomas Jones called Robert Harris , a chair-maker, who said he was a musician; that he met him going down Holborn. He desired him to walk with him, saying, he was going to buy some linen; they went into Field Lane, and he saw the prisoner T. Jones buy four neckcloths. Being asked how they were marked, said with the letter W at the end. Being asked what colour, he said in white, but the neckcloth produced was marked with red silk.

Thomas Jones guilty . T .

Benjamin Jones and Pittman acquitted .

See Benjamin Jones tried, No. 626. in Mr. Alderman Harley's mayoralty, and No. 171. in Mr. Alderman Kite's mayoralty.

317. (M.) John House was indicted for stealing a pair of linen sheets, value 10 d. a pair of linen pillow cases, value 6 d. and a brass candlestick, value 6 d. the property of Sarah Humphreys , widow , April 28 . +

Sarah Humphreys . I live in Goswell-street . I lett the prisoner a ready-furnished lodging on the 28th of April, and he asked me the next morning for a pen and ink to go to write a letter. He went up, came down again and went out. We found immediately he had taken the things laid in the indictment. He was pursued, and taken with the things upon him.

William Williams . I lodge in the same house. I pursued and brought the prisoner back with the things upon him.

Prisoner's Defence.

I came from Hertfordshire. I had no money, and I took the sheets in order to pawn them till my things came up by the waggon. I meant to fetch them out again.

Guilty . T .

318. (M.) Edward Taylor was indicted for stealing six linen handkerchiefs, value 3 s. and one silk and cotton ditto, value 12 d. the property of persons unknown, April 23 . +

Acquitted .

319. (M.) Sarah, wife of John, Scurry was indicted for stealing a silver watch, value 40 s. a cloth coat, value 5 s. and a red shag waistcoat, value 3 s. the property of Joseph Lodge , April 18 . +

Joseph Lodge . On the 17th of April, in the afternoon, I had been in the New Way, Westminster , and was a little in liquor; coming away, I went into a house, where a person, whose name is Mackintosh, asked me to go to bed with her. I did. When I awaked, I found my things were taken away (mentioning them by name). Mackintosh and the prisoner had that room between them. I found they had not taken my buckles. I lay down again, and when I awaked I found they were gone. I don't think the prisoner had them. I got up about half an hour after eleven, and went to an ale-house and got some things to put on. After that I heard in the Almory that the prisoner was stopped offering a watch to sell; a Jew had stopped her. She was put in Bridewell till I could be found. I saw my clothes at Sir John Fielding 's. (Produced in Court, and deposed to.)

Q. Have you a wife?

Lodge. I have, and a child.

Court. Are not you ashamed to look at them now, when you recollect how they came there?

Levi Lion . The prisoner offered this watch to sell last Tuesday three weeks. (Produced and deposed to.)

Prisoner's Defence.

I never saw the clothes, nor any thing that belongs to him.

She called Benjamin Ball , William Bennet , and James Leg , who gave her the character of an honest, sober, hard-working woman.

Guilty . B .

320. (M.) John Morris , otherwise Hambleton , was indicted for stealing two silver table spoons, value 20 s. one silver watch, value 20 s. one pair of silver shoe-buckles, value 10 s. a silver stock-buckle, a silver pencil case, a guinea, and a half guinea, two six-and-nine-penny pieces, and 16 s. and 6 d. in money numbered, and one leather pocket book , the property of William Jones , April 7 . +

William Jones . I live in Holborn . On the 7th of April, my sister-in-law that keeps my house told me I had been robbed. I went up and missed the things in the indictment. There is one Mr. Taylor who lodges above in my house; the prisoner had been up to see him that day. He told us he lodged in King-street, Seven Dials. We got a warrant from Sir John Fielding , and Sir John sent a man with my son, who found the prisoner in the street, and brought him before Sir John.

John Jones . I am son to the prosecutor. I went and searched the prisoner's lodgings; there we found all the things in a box that are in the indictment. The prisoner said he knew nothing of them.

Thomas Robinson . I lodge in the prosecutor's house. I saw the prisoner come into the prosecutor's house that day. I was at the finding the things in his lodgings.

Mrs. West. I am sister-in-law to the prosecutor. I was up stairs dusting my young master's room. The prisoner was up in Mr. Taylor's room. I left my room-door open, and came down to the bottom of the stairs, thinking to go up directly. As I was standing at the bottom of the stairs he came down. The things were kept in a drawer in the room, which was unlocked. After that the prisoner came up again; he seemingly only went up, but came down again that very moment. Then he went away.

Prisoner's Defence.

I acknowledge I was in the house to see Mr. Taylor, to let him know where I was removed to.

Prosecutor. There were a loaded pistol and a hanger found in his room.

He called John Hart and Elizabeth his wife, travelling pedlars, who traded in hard-ware, and said they resided sometimes in Canterbury, and sometimes in London, to prove the goods mentioned were brought into his apartment by two strangers. The wife was ordered out of court while the husband gave his evidence, which was as follows: that on the 7th of April he and his wife called to see the prisoner in his lodgings; that while they were there, about twelve o'clock, or some time after, there came in two men, seemingly seafaring men, with two bundles. The bundles were not opened while he was there; that they had a silver watch, and two spoons, and a pair of silver buckles, which the prisoner ordered them to put into a chest; that after the prisoner was gone for beer, the men took out another watch and hung it up, saying, that Mr. Morris might see what time of the day it was when he came up; and he did not observe, that when the prisoner came in, he looked at the watch at all.

The wife when called in gave evidence, that the two strangers brought in four bundles, two watches, and two spoons; that the prisoner gave them the liberty to leave the things for a few days; that the prisoner was by at the time when the two watches were produced, and when one of them was hung up in his apartment. They both said they had known the prisoner about three years; that he was a tradesman, being a gun-flint maker .

Charles Taylor , Richard Shannon , Jerrard Bourn, and Nicholos Brown, gave him a good character.

Guilty . T .

321, 322. (M.) John Brumley and Charles Burton were indicted for making an assault on Lewis George Bellow , and stealing from his person a gold watch, value 20 l. the property of the said George , April 15 . +

The prosecutor deposed he was robbed of his watch, near Charing Cross , by three men, two of whom got off, and one, whose name was John Underwood , was taken in the pursuit.

Underwood deposed the two prisoners and he went out that night with intent to rob, and that they were concerned with him in taking the watch; but as the prosecutor could not swear to them, they were both acquitted .

323. (M.) Catharine Michell was indicted for stealing two guineas, and two half guineas , the money of Ann Creswick , spinster , May 3 . +

Ann Creswick . On the third of May I went to a public house, the prisoner was there, she said she was hungry; I gave her the key of my door, and bid her go in and get something to eat; she went, and came back in about half an hour, and asked me to drink, and gave me three pints of beer, and a quartern of rum. She never confessed any thing.

Ann Edmonds . The prisoner had no money that morning, and after that she asked me to go with her and fetch some things out of pawn, which she did to the amount of nineteen shillings. I asked her how she came by the money. She said a countryman gave her half-a guinea.

Acquitted .

324. (L.) Jacob Joel was indicted for forging a certain order for the payment of 52 l. 10 s. signed Levi Solomon , April 26, 1769, directed to Richard Fuller , William Baker and Alfor, with intent to defraud Mess . Fuller and Co . April 25 .

Acquitted .

325. (L.) Eleanor Smith was indicted for stealing three pair of silver shoe-buckles, value 30 s. the property of John Wood , May 10 . ++

Mrs. Wood. We live in the Minories . The prisoner came in under pretence of changing a gold ring for a pair of buckles. I shewed her a couple of papers. She threw her cloak over them, took one pair, and put them in her pocket. She was very difficult in choosing her patterns. I opened another paper or two. She took two pair more; then I asked her if she would buy a pair, and was coming round the counter to stop her before she got out of the shop. She got out, but I stopt her, and brought her back, and sent to a neighbour, who searched her, and found three pair of our buckles upon her. (Produced and deposed to.)

Prisoner's Defence.

I was hardly in my senses, I met a person that knew me, who gave me some drink.

Guilty . T .

See her tried before, No. 221, in last Session Paper.

326. (L.) George Oldridge was indicted for stealing one linen shirt, value 5 s. and one silk handkerchief, value 1 s. the property of William Segwick , April 6 . ++

Acquitted .

327. (L.) Barnabas Ayre was indicted for stealing a ham of fifteen pounds weight, value 8 s. the property of William Calvert , May 6 .

The prosecutor was called, but did not appear. Acquitted .

328. (L.) Philip Erovselle was indicted for breaking and entering the dwelling-house of Robert Cowan Kellet , on the 27th of April , about one in the night, and stealing two dozen of silver table-spoons, value 6 l. twelve silver desert spoons, value 18 s. nine silver tea-spoons, value 9 s. three silver waiters, value 15 l. one silver tea-kettle and lamp, value 15 l. one silver soup spoon, value 10 s. one silver marrow spoon, value 20. six silver candlesticks, value 12 l. one other candlestick, value 10 s. two silver half pint mugs, value 40 s. one silver rummer, value 5 s. one silver pan for snuffers, value 20 s. six silver salt-sellers, value 20 s. four silver salt-spoons, value 4 s. two silver salt-shovels, value 2 s. one white metal candlestick, extinguisher and snuffers, value 5 s. twelve linen shirts, value 3 l. thirty linen stocks, value 15 s. one silk handkerchief, value 4 s. one razor, hone, and strap in a shagreen case, value 2 s. a pair of leather breeches, value 10 s. one pair of steel buckles for boots, value 6 d. and one iron key, value 2 d. the property of the said Robert, in his dwelling-house . +

The prisoner being a foreigner was at his request tried by a jury of half foreigners; and not understanding English, and Interpreter was sworn.

Robert Cowan Kellet . I live in Crutched-Friers . On Friday morning the 28th of April, about seven o'clock in the morning, one of my servants came and told me my house had been broke open. Then she went down and came again, and specified that most part of my plate was gone. It used to be kept in a two pair-of-stairs room, except a silver coffee-pot that was lying in one corner of the room. I got up and went down stairs. I saw in the passage the entrance from the street door. I saw the bags lying in which the plate used to be kept, and likewise a great coat of mine lying by. There were two candles there, but they had gone out. The wainscot was burnt in two places. They had been set against the wainscot. I then went into the fore-parlour, and observed one of the window curtains was partly cut down; then I went into the back-parlour, and observed some things had been taken from thence; and from a room behind that they had taken some things. All the doors were open. Then I went down into the kitchen, and found the dresser had been on fire, and a place on it burned bigger than my hat. There were the remains of a mahogany bottle-stand, some writing-paper, and a mahogany tray, partly burned. I found my kitchen, window broke; they had wrenched out the staple of the iron bar, that keys within-side, and forced the window open, and so got in at the casement. In a closet by the kitchen fire there was a wooden box, in which were some wax and paper; they had attempted to set that on fire. I found part of a candle in it. My servant told me there was some linen lost. I found there was some lay tumbled about the room. I went to my attorney, and as soon as I could to Sir John Fielding . He immediately ordered out handbills, and I paid for two advertisements. On the Tuesday following, my servant came to Hackney, and informed me part of my plate was found. I came to town, and went to the place where the plate was said to be; there it was produced by James Doniland , the constable. He informed me the plate was stopped the night before by Isaac Solomon , a Jew. I sent for my footman, who was better acquainted with it than I was (but some of it I could swear to) and he swore that plate was my property. I was told the prisoner had been in custody that night, but had made his escape out of the back door. Then I went to Sir John again, and he ordered bills to be distributed about to Hackney-coachmen, with a guinea reward. On the evening following, the constable came and told me he had got the prisoner again. I went and saw him in the watch-house on Tower-hill. We took him to Sir John, who committed him to New Prison. The next day I went with a friend that understood French to him in prison. I there saw the prisoner had on a ruffled shirt and stock of mine. They were striped muslin ruffles, with the them worked with a little ornament; he had likewise a pair of my silk stockings on, and a pair of my buckles. We had conversation with him for near two hours. I examined the marks on my stock and shirt. He told my friend in French, that they were my property, as my friend told me, for I cannot speak the language. He told us his lodgings were at the Cock and Bottle, at the corner of Green Lettice-lane, Cannon-street; and that in a locker in the window, which was locked, I should find my linen, as also that I should find a box of tools to deface the marks in plate. I took a search-warrant from my Lord Mayor, and went. I found his chamber door locked. I got a smith to break it open. I then had the locker broke open; there I found my linen. I had the closet door broke open; there I found the largest claw-hammer that ever I saw; and a very large knife, such as butchers kill hogs with, and a box of tools. I found a razor case, with a razor, hone and strap, my property. We examined his clothes, and in (I think it was) the side pocket of his breeches there was a very long and strong picklock; and in another pocket (I think the waistcoat pocket) I found the key of my compting-house. I found also a pair of new leather breeches which I had missed; and a pair of steel buckles that belonged to the straps of my boots. These things are all in the custody of the constable here. He acknowledged his having erased all my arms out upon the plate.

Q. Did you understand him?

Prosecutor. No; my friend asked him questions, and when the prisoner answered, my friend told me in English. Sir John examined him on the Friday after, when he was committed to Newgate.

Hugh Randall . I am servant to the prosecutor. On the 28th of April, when I came down stairs in the morning, about seven o'clock, I found the house had been broke open. I was called down by my fellow-servant, who had opened one of the windows, and found the house all of a smoak. I went down into the kitchen, and found the dresser all on fire, which I put out as soon as I could. Then I examined the kitchen-window, which I found had been broke open, by wrenching the bar and staple. The casement was open. My fellow servant and I observed there had been the mark of a foot upon a very small piece of a brick, which had pressed it to a powder. We found there had been fire set to a box in a closet in the kitchen, which had burned a great hole in it. Going up stairs, I found the bags that the plate usually were put in, with master's great coat lying by, and two wax candles, which had been lighted, lying by the wainscot in the parlour. They had cut down part of one of the curtains. We examined all the knife cases for spoons, which I knew I had put down the night before; they were then left all up; they had opened and examined every thing in the room. I missed all the plate but the coffee-pot. Then I went and acquainted my master with it. I had locked the street door and bolted it, and put the chain up; and a door that goes out into the area over night, and I found both had been opened, when I came down. The clock struck twelve just as I got into my room, when my master sent for me to see the plate. I chose out his plate from other plate, and swore to it. Spoons, waiters, a large rummer, snuffer pan, mugs and several things. I am very well acquainted with the plate, having had the care of it a great while. I saw a pair of yellow metal buckles in the prisoner's shoes; I know them to be my master's property, having cleaned them several times. The razor-case I know to be my master's property; but there were not all that was lost.

Ann Watson . I was servant to Mr. Kellet. I came down stairs that morning at seven. I found the house on fire, and saw the things lying about. I went and called my fellow-servant. We found the house had been set on fire in two places. The shutter to the kitchen window was broke open, and all the plate gone, except the coffee-pot that was left on the floor where the rest were taken from. I had fastened that window over night. My fellow-servant, Martha Pearson , had put the plate into two bags, which was for the purpose of the creditors, as my master became a bankrupt before this happened.

William Waters . I am servant to Mr. Kellet. The maid called me down. I found the house all of a smoak.

Q. Do you know any thing more than what your fellow-servants have said?

Waters. No; I do not.

John Galately . On Friday was sev'nnight, about eight in the evening, I was in my lodgings. There came Solomon, a Jew, up stairs, and asked Mr. Pelthorp, who was with me, where he could find a constable. He recommended him to one; in about a quarter of an hour, he come down with the prisoner and about four Jews. Solomon, said I, What are you going to do? This man seems to be well dressed, he cautious. Solomon lodges at Mr. Pelthorp's house. I said, I understand a little French, give me leave to ask him a few questions. I asked him what country he was of. He said from Paris. I asked what business. He said no business. He was, as I understood, an attorney. I asked him how long he had been in England. He said about twelve days. I asked him where he lodged. He told me in a street behind the Royal Exchange; but did not know the name of it. I told him, he being an utter stranger in this country, I would show him as much friendship as possible; and if he could bring two or three gentlemen to be bound for his appearance, I dare say he might be let go. There was a bag of plate which he had brought. I opened it, and saw that the arms were all erased out; which gave me a suspicion that it was stolen. I asked him whether it was his private property, or whether he had lent any money upon it, or whether he dealt in plate and had bought it. He told me, he had lent a Frenchman that came from Paris, that he knew, an hundred pounds upon it. I asked him whether that was at his lodgings, or at the Frenchman's lodgings. He told me, he had lent it him in St. James's Park. I sent for a gentleman that lives next door but one; he saw the plate. I tied it up, and delivered it into his care. The prisoner said, Solomon had offered him sixty-two guineas for it. The constable said, he must take Solomon in charge as well as the prisoner. Solomon asked the landlord if he would be bail for him. In a little time he said he would. The prisoner asked for a little water to drink. He went backwards, and out at the back-door, and ran away. He was retaken on the Wednesday in the afternoon by the constable. Then I searched him, and took a flat candlestick and snuffers out of his pocket, in the watch-house by the Victualling-office. I believe they are white metal, what they call tooth and egg. I took a gold watch from him, which I delivered to my Lord Mayor, and two pair of silver buckles, one knee-buckle and four keys. None of them belonged to the prosecutor but the candlestick.

Isaac Solomon . Moses Emanuel brought the prisoner to my house last Monday was a week. The prisoner asked me if I would buy some plate. I asked him if he had it in his pocket. He said, No; but he would go and fetch it. He desired me to give him a direction where to meet with me. I gave him a direction to the Holy Lamb, Cruchet-Fryers. He came there in an hour's time, in a coach. I went out to him. He said, he would not come into the public-house, but he would go along with me to my house. When he came to my lodging, he had a bag of silver, which he put upon the table. I asked him the price, he said he could not tell till he had weighed it. He would have me go and fetch scales to weigh it.

Q. In what language did you speak to him?

Solomon. In the French language, I was born in France. I borrowed a pair of scales and weights. The plate weighed sixteen pounds weight, sixteen ounces to the pound. I asked him the price. He asked four guineas a pound for it. I offered him three guineas and a half a pound. I agreed for sixty-two guineas for the whole. I said, I would go and fetch the money. I saw the names were all filed out. I told the other Jews with me, in our language, to take care of him while I fetched a constable. The prisoner suspected something, he desired me to stay, and said, if I had not the money in my pocket, he would take my note for the whole tote. I said, I have no occasion to be trusted, I would go and fetch the money. I went and got a constable. We went and took him in my room, and brought him into the shop where I work. We went for paper to seal the plate up, and in the mean time the prisoner made his escape out at the back-door. The constable took the plate, and carried it to the parish-officer; there it lay all night.

Moses Emanuel . I met the prisoner in Leaden-Hall-street on Monday, I believe, the 1st of May. He asked me if I was a Jew. He said he came from France, and had all forts of things to fell, if I would buy them. He spoke French, which I did not much understand. I said I had a friend that could speak French well. Then I took him to Mr. Solomon. He had nothing then about him.

Mr. Fishioe. Mr. Kellet desired me to go and speak to the prisoner, as I understood the French language. I went with Mr. Kellet to New-Prison, Clerkenwell, where I asked him many questions.

Q. Did you enquire of him where he lodged?

Fishioe. I did. He told me he lodged in Cannon-Street, at the Cock and Bottle, at the corner of Green Lattice-Lane.

Charles Walker . I am constable. I went to search for the things along with Mr. Kellet at the prisoner's lodgings, at the Cock and Bottle, Green Latice-Lane. It is a public house. We enquired for the room he lodged in. The woman of the house went up and showed us. The door was locked. We went for a blacksmith, who opened it with a chissel. Then he opened the window-seat. The first thing we pulled out was this handkerchief, (producing a silk handkerchief ) which Mr. Kellet owned, and eleven shirts with his name on every one of them, and about twenty-six or twenty-seven stocks, a pair of buckskin breeches, a pair of under-stockings, and a pick-lock. We found a key in his coat pocket, and another in his waistcoat. I went with Mr. Kellet, and found one of them would open his compting-house. I found a large new claw hammer, a handle of a chissel, a chissel, a razor-case, hone, and strap; and the woman of the house delivered a parcel of tools to me a day or two after. (All produced in Court; some of the tools proper to take out engraving, &c.)

Prosecutor. I can swear to the shirts, stocks, razor-case, and breeches; the latter being remarkable, having three buttons on the waisthand: the handkerchief I believe to be mine, but will not swear positively to it. We have two keys to my compting-house, that used to hang upon a nail; one of them has been missing from that night. This key here produced I believe to be the same; it fits the lock, and the wards are the same as the other.

Sarah Grose . My husband keeps the Cock and Bottle, the corner of Green Lattice-Lane. The prisoner lodged there. I believe he had lodged there about twelve days. The gentleman came to search for things in the prisoner's room. He shewed me a shirt that he had on, that corresponded with the marks of the shirts he found in the prisoner's room. Nobody but the prisoner kept the key of his room. I was in the room after they had searched, and in a box in the closet I found these tools, ( here produced) which I delivered to the constable.

Q. Do you know where the prisoner was on the 26th of April, at night.

S. Grose. That I cannot tell. Sometimes he came home at nine or ten at night, and sometimes he used to be out all night, and come home in the morning about six o'clock. He lay out several nights. He always locked the door when he went out. I had been but a fortnight in the house. He was recommended to us by the person that went out when we came in.

James Doniland . I was headborough in Aldgate parish. There came a Jew to my house on the 1st of May, about eight o'clock, and told me there was a man at his apartment that he believed had got some stolen plate. What! said I, could you not buy it cheap enough? I did not like to trust myself among a parcel of Jews alone. I said, Lay down a shilling for a man, and I will get somebody to go along with you. We went to his apartment. The plate was put in a sack. The Jew gave charge of the prisoner. The prisoner wanted a little water. He went out backwards. I had never been in the house before. He got out out at a back door, and got off. Two days after, in the evening, I was going upon other business, and met him in the Strand, and took him again. I put him in the watch-house. I lodged the plate in the house of Mr. Hust for the Monday night, and seeing it advertised, we went with it to Sir John Fielding 's, and there was the prosecutor, who owned it. (A large quantity of plate, most part of what is laid in the indictment, produced in Court)

Doniland. This is the plate which was delivered into charge by the Jew.

Hugh Randall takes up several of them, and deposed to them as the prosecutor's property by marks and bruises that he had before observed upon them.

Prisoner. I cannot make my defence of my own head directly, but beg leave to read the extract I have prepared. (He reads, which the interpreter spoke in English after him.)

Prisoner's Defence.

Being ignorant of the custom and manner of trade, and the laws of this country, I am extremely at a loss to know how to make my defence, yet I will begin, by your leave; though indeed I am very ill, and that makes it more out of my power to make it in the manner it should be if I was in another situation. The effects found in my possession I had of two gentlemen, the one named Boiae, and the other St. Mate. I fought for some gentlemen of my own country, that could speak French; and I was told. if I took a walk in St. James's Park, I should find enough. I went there, and met with these two gentlemen, who had been a long time in England, and who have made me the tool of their villainy. I arrived in England on the 12th of April last, at ten in the evening; and these two gentlemen having met me in the Park, they asked me if I was a Frenchman, and if I would give them leave to take a walk with me; which I accepted with pleasure. They looked genteel, and I opened myself very freely to them in our conversation. We knew one another, having seen each other at Paris, which endeared them more to me, and I made some indiscreet confessions, such as my having French money about me, which I had not converted, or changed. I asked them where I could get guineas for Louis d'ors; they promised to serve me on that occasion, telling me I should not be uneasy about it; which I accepted with pleasure. They seeing I could not speak the language here, and that I was unacquainted with the custom of the country, it appears they resolved from that moment to make me the victim of their misconduct. They engaged me to dine with them, but I cannot tell where, yet I can describe whereabouts, because I have very often lost myself in London, from not knowing the streets. As I was at dinner they offered me to accept two bills for my French money, amounting together to the sum of two thousand six hundred livers, provided I would give them the value of them in cash; they being upon their departure for France, and were only detained in London by the trouble they were in to finish their business immediately to pay their debts. These gentlemen said it would thereby do me a great service, and do themselves a great benefit, because I should change my money without losing any thing, if I would comply with their request. I refused that offer, because the bills were wrote in English, and I knew nothing of it; and farther, as they were going to depart soon, I did not know where I could get my record against the indorsers, in case they should not be paid when due; upon this they did not insist upon it any more. When dinner was ended, they offered me to go to the play, which I refused, saying, if I went there, I should be late in the night, and was not well, and that I rather chose to go home than lose myself in the streets of London. I told them where I lodged, and gave them directions on a bit of paper, which I had wrote before, and kept in order to find my way where-ever I should go. They brought me back part of the way. I parted with them desi ring them not to come farther, but to come and breakfast with me as often as they pleased. The Sunday following I went out, and took a round in the Park. I met one of them about Charing-Cross: he asked me where I was going; I said to the Park. He told me a place near the King's palace, where he would meet me about two in the afternoon, with the other gentleman. I said I should be glad to see him. He said they had something interesting to tell me. We parted, and I waited for them till about four in the afternoon in the Park, but did not see them. I was some time after without hearing of them, but about ten or twelve days after I met one of them upon the Change. I told him I met him apropos, and was extremely glad to see him. He desired me to go to his house, having something to tell me. He brought me into a small public garden, near the Royal Exchange; I cannot recollect the name; he there renewed this to me, and told me his distress, which moved me extremely, as being of the same country. He said, Since you will not accept our bills, and will not trust us, we will make you another proposal, which I am certain you will agree to. They asked me the sum of two thousand two hundred livres, which makes ninety-two Louis d'ors, and said they would give me effects to the value at least of that sum, and which I might dispose of the day after to-morrow, as any thing belonging to me, in case they did not remit me the money which they had promised they would do: but they said they must have money, else they were in the most imminent danger of being arrested, and brought to prison for debt. They insisted upon it; that their departure for France was extremely necessary to be soon; and that a delay was very disadvantageous to them. I asked them what goods they were; they told me it was plate, and golden buckles; that they were not goods for gentlemen, as they were not real gold; and that they had got linen and other effects. I promised them to do all that was in my power to oblige them, and if the effects were worth that sum, I would take them. Having passed my word, I gave them directly on account twelve Louis d'ors, which they told me they wanted immediately: the same evening they came to my lodging, and agreed to bring me all these effects at seven in the morning, which they did by the time appointed. I was at the door in my bed-gown: they came loaded with the plate and linen, and delivered them to me. I desired them to come up into my room, which they refused: they asked me for eighty Louis d'ors, which was the remainder of the sum we agreed for. One of them was going to settle the affair, the other went to fetch scales to weigh the plate, and said he would come back. I took the sack and bag into my room under my bed-gown at two turns, and delivered them the money. I waited a long time for the scales, but heard no more of him. At twelve o'clock I began to be very uneasy. Then I opened the sack, and found the plate in it; the same that has been found in my possession. I was not less surprised to find in the other bag linen, wearing apparel, and things which I did not expect. I discovered a key, which I took and put into my pocket, being resolved to remit that to them, the next time I should see them, because I thought it belonged to them. I found in the bottom of the bag, files, a hammer, and other tools that have been produced here. The disappearing of these people made me reflect bitterly upon my imprudence. I saw I had been deceived. From that very moment I sought an occasion of getting rid of these effects, which I would not keep in my possession, suspecting them, particularly as the plate was defaced, I did not know whether it was of the English stamp or French, or what sort of plate it was. I took two spoons, in order to shew to a silvermith, which I did, and asked him if they were of the English stamp or not, without telling him I had a great quantity. I told him it was only for his advice, and that I suspected something, as the arms were defaced. In the conversation, I asked the man, who could talk French, in what manner I could get rid of such plate; he replied, The only way was to sell it among the Jews; they were the only men that could make such bargains. Having lost ninety-two guineas, made me think the best way to recover myself as much as possible was to sell it. The next day I saw a man that looked like a Jew; he asked me if I wanted to buy some stockings. I refused. On the Monday following I met the man again upon the Change, when we agreed that he should sell this plate. He shewed me a public house where I might find him. I took coach and brought it to him; he offered me a bill of three hundred and odd livers upon Paris for that plate. After he had weighted the plate, he told me he was going to fetch the money. He was a long time before he came back, and left me with other Jews. When he returned, I was much surprised when he told me he wanted to arrest me. All this was to frighten me, to get possession of the plate. I made some difficulty to go with them, for if there was any suspicion about it, I thought I should be arrested. They told me there was no other way of getting rid of the affair, than to accept a bill of three hundred livers upon Paris, and they would take the plate upon themselves. Then they proposed to pay me forty guineas at eight days, after they had sold the plate, which they could not do in this city. All these proposals seemed unreasonable, and I rejected them. Then they wanted a constable. I did not know the meaning of it; I was frighted; I looked upon the whole as an artifice of deception. There came a gentleman, who has appeared here with a stick, who told me I must go with him, which I accepted. They had a great many people in the house; they all spoke English, so I could not understand what they said. I began to be frighted; I went out at the back-door, which stood half-open. I took care to run; for I thought I had nothing to fear, but to lose the silver and the money I had given upon it, which these people were willing to appropriate to themselves. I did not look upon myself as a criminal. I remained in London in the greatest security, and I was arrested in one of the popular streets in London, the Strand, and brought into a place where I was exposed to the insults of the most depraved mob. All my defence I had to write yesterday night, because I have been teased and vexed every day by people that came by way of giving me advice. I will not take upon me to say my prosecutor was to blame, but I believe these things were contrived among the Jews. At last I have discovered that these people were all Jews. They would come and say they wished me joy, that I should not be judged this sessions, I should be next sessions, in order to bring me to trial without defence or assistance.

For the Prisoner.

Ann Fiogg . I live in Guernsey. I have seen the prisoner several times walking about in the town there. On the 9th of April, I failed for England; he happened to be on board with me. He being a stranger, we landed at Southampton. He asked me how I should come to London; I told him in the coach. He took a place in the same. When we were on Hounslow-heath, a lady said there were not so many robberies there as usual; but a person said there had been many robberies committed there. The prisoner said, he had but a few guineas in his pocket, but should be very sorry to lose his gold watch and ring. I understood he had some value in his portmanteau. When we came to town, he said he had been at Paris with Mr. Lynch's son, and he was come here for a month or six weeks to see London. I had two of my brothers came to meet me at the inn, where we arrived on the 12th of April. We took him in the coach with us, and my brother conducted him to the Cock and Bottle, where he lodged. I knew nothing of him before, only by seeing him in the street in Guernsey.

John Fiogg . I am brother to the last witness. On Wednesday, the 12th of April, I went to the coach to meet my sister, my father having received a letter from her, dated from Southampton. The prisoner was at the inn; he got into the coach and came with us. After I left my sister, I went with him to the Cock and Bottle. I told the people I knew no more of him than that he came in the coach with my sister; that he looked like a gentleman; and my sister told me he behaved as such in the journey. Mrs. Wilson lived then in the house. Mr. Grose was not come into the house then.

John St . Croix. I am a native of Guernsey. The prisoner and I landed out of two different boats at Southampton. I never saw him before; this was on the 10th of April. I came up in the same coach with the young lady and he. I happened to be at the Captain's when he came to pay for his passage; he said, he had no guineas, nor no silver; therefore he offered Louis d'ors. When we came to Hounslow-heath, there was some talk about highwaymen; he seemed to be startled, and said, Will they meddle with my portmanteau? He said he did not matter, if they meddled with nothing but what he had upon him. I never saw him from that time till this morning.

Thomas Lynch . My father is a merchant. I am with him. I knew the prisoner about three years ago in Paris, and was particularly acquainted with him there about a year. His family are in a very good way; his father is a man of fortune. He was brought up a gentleman, and always appeared so. I left that academy between two and three years, and have not seen him since, till in London. I take him to be between twenty and twenty-one years of age. He has been to see me in town, and dined with me six or seven times.

Guilty of felony only . T .

See the trials of two foreigners. Antenreith, No. 84, in Mr. Alderman Beckford's, and Martin, No. 13, in this Mayoralty.

329. (M.) Sarah Rowden , spinster , was indicted for stealing a silver watch, value 1 l. 11 s. 6 d. the property of Hariot Weeks , spinster , May 4 . ++

Hariot Weeks. I lodge at Mr. Whitefield's, near Oxford-market . On the 4th of May, Mrs. Whitefield came to my apartment, and asked me if I would walk down into her parlour, while she shewed my apartment to the prisoner. (I was about to leave that lodging.) I walked down, and she and the prisoner walked up. I had left my watch hanging upon a little hook under the glass in my room. When they came down, I went up and missed my watch. I ran to the top of the stairs, and called to know if Mrs. Whitefield had removed it; she said she had not. I came down, but the prisoner was out of sight. I went to Sir John Fielding , and got hand-bills dispersed about, and upon Saturday morning came some men with the prisoner, and said she had offered it to pawn. She was taken to Sir John, who committed her.

Elizabeth Whitefield . The prisoner knocked at my door, and asked me what apartment I had to lett; I said a first floor. She said, she wanted a lodging for a master and mistress, a man servant and herself; that the man could lie where the horses were kept; that her master was a captain, and her lady an elderly gentlewoman; that they came from Greenwich the day before, and were at a friend's house; and also that the master would soon go to Scotland, and that she should be left there. I took her up, and shewed her this lady's room. She liked every thing. She said she would fetch her lady. She went down and let herself out. After I was down, this lady called to me to know if I had removed her watch. I was so weak as to go up to see before I looked after the prisoner, so that when I came down again, she was not to be found. On the Saturday morning, she was brought to our house, and the watch was stopped.

Charles Murthwaite . I am a pawnbroker, in Great Poultney-street. About twelve or one o'clock, on the 4th of May, the prisoner came with this watch, (produced and deposed to by the Prosecutrix) and offered to pledge it. I having before received a hand-bill, describing it, I asked her if she was willing to go before Sir John Fielding ; she said, Yes. I took her there; she told me it was her husband's watch; but afterwards she said she received it of a woman to pawn for her.

Prisoner's Defence.

A young woman brought it to my apartment, and asked me if I would go and pawn it for her for twenty-six shillings. Her name was Elizabeth Jones . She was a servant; she has got off. I was at Mr. White's in Gerrard-street, at the time they say I was at that house. I never was at her house in my life.

Mr. White was sent for, who deposed the prisoner had lived servant with him about three years ago, but had not seen her on the 4th of May.

Guilty . T .

330. (M.) Elizabeth Allen , spinster , was indicted for stealing a Pinchbeck mettle watch, value 40 s. the property of James Molliot , privately from his person , May 10 . ++

Acquitted .

331. (M.) Robert Williams was indicted for stealing a wooden drawer, value one penny, and 12 s. in money, numbered , the property of Mary Williams , widow , April 17 . ++

Mary Williams . I keep a cheesemonger's shop in White-cross-street . On the 17th of April, between eight and nine o'clock in the evening, my daughter was below, and she called out, seeing the prisoner in the shop. I ran out and called, Stop thief! Upon which the prisoner was brought back in about five or six minutes. I know there were above twelve shillings in the till when taken away.

Q. Is the prisoner any relation of yours?

M. Williams. No; he is not.

Ann Williams . I am daughter to the prosecutrix. I was in the shop when two men came in; one reached over the counter, and took out the till, and then both ran away. I called to my mother. After that the prisoner was taken, and the till brought back, with about twelve shillings in money.

John Smith . The woman calling Stop thief! I ran after the prisoner, seeing him run, and took him with the till under his arm. There was money in it; he let it fall; and a gentleman picked up the money, which was brought back.

The constable produced nine shillings in halfpence and farthings, and upwards, and three shillings in silver, which was delivered to him by the person that picked it up.

Prisoner's Defence.

I was coming from a camblet-maker's. I put my foot against this till as I was turning down an alley; I took it up; I did not run, but walked away, and the man came and took hold of me. I never was in the shop in my life.

Guilty . T .

332. (M.) Edward Barry was indicted for stealing a cloth coat, value 15 s. a silk handkerchief, value 5 s. a woollen apron, value 3 s. and two pair of cotton hose, value 2 s. the property of Catherine Keith , April 10 . ++

Acquitted .

See him tried before, No. 113. in this mayoralty.

333. (M.) Elizabeth Odell , spinster , was indicted for stealing two Holland shirts, value 5 s. the property of Frances Reed , widow , March 2 . ++

Frances Reed . I am a washer-woman , and live in Tottenham-court Road . On the 2d of March, I lost some linen from off a line in my back kitchen. The prisoner is a cinder-sister , and I used to buy cinders of her. I had suspected her some time to rob me, and had forewarned her coming to my house. I found two shirts again out of many that I lost.

- Langley. On the 2d of March, the prisoner was committed to Clerkenwell Bridewell for stealing two shirts. They were advertised, but no person came to own them. After which, Justice Welch said they were her own, and she might dispose of them; so I bought them of her. (Produced in Court, and deposed to by the Prosecutrix.)

Prisoner's Defence.

I found them upon the cinder-hill.

Guilty . T .

334. (M.) John Creamer was indicted for stealing eight guineas, one half guinea, and one quarter guinea, the property of John Lothian , in the dwelling-house of William Figg , May 8 . ++

John Lothian . I came out of Cumberland, and I lodged in the house of William Figg , on the 8th of May, being the Rising-Sun, in Vine-Street, by Chandos street . I went to-bed about ten o'clock; the prisoner, who is a taylor , had lodged in the same room, one or two nights, and was to lie there that night. Some time after I had been in bed, I fell asleep, and awaked about five. I had put my breeches under my head at going to-bed; but when I awaked, I found them lying on my pillow. I felt in my pocket, and found there were no money in it. I had eight guineas, one half guinea, and a quarter guinea in my pocket, when I went to-bed. I sent a man out to know if he could hear of the prisoner, having a suspicion of him; he was taken up: The quarter guinea of mine I had taken in Smithfield in change for a nine shilling piece, where I paid it away. I had it returned for not good. There was a white spot like silver on the chin and upper lip. We found the prisoner had changed one with Mr. Eaton. I went to him, he laid down two. I took up one, and said, This is mine. There were five guineas, two half guineas, and two shillings and six-pence found upon the prisoner. By enquiring, I found he had spent two pounds at a house in White-hart-yard.

William Figg . The prisoner had no money that night, about ten o'clock at night, to pay for a pot of beer he had called for; he lodged in my house: he went up stairs about eleven to go to-bed, and was above about a quarter of an hour with a candle; he put the candle out above, and left it in the room by the prosecutor's bed-head. I saw him when he came down; and my mother asked him why he came down again; he said he was a-dry, and wanted more beer. Then he went out at the door, came in again, and had got some money, and paid me a shilling for his lodging; he also paid for a pot of beer that he and another had in the evening. I changed him a shilling, when he paid for the beer. He said he should not lie in my house, but should use my house as usual. (He had quarrelled with a young man, when he came down stairs.) Then he went out again, which was about twelve at night. I never saw him after till before Sir John Fielding . The prosecutor came down about six in the morning, and said he had lost his money. I am very sure there was nobody up stairs where the prosecutor lay, after he went to-bed, but the prisoner.

Q. How do you know he left the candle in the room?

Figg. My mother said to him, after he came down, Why do not you go up stairs? You have left the candle. He answered her, he had put it out.

Thomas Eaton . I live at the Bull Head, St. Martin's-Lane. The prisoner came to my house about half an hour after eleven o'clock that Monday night, the 8th of May. I said when I let him in, Creamer, it is time for you to go home; I am going to bed. He said he was very dry, and must have something to drink. He asked for a pint of wine; I said I had none. Said he I must have something. I asked him whether he would have rum, brandy, or shrub: I told him he had better have shrub. Said he, Fill me a quartern. Then he said, Let me have half a pint; he had it, and carried it into the tap-room, and gave it to other people. He wanted change for a five-and-three-pence. I gave him change for one. I had another five-and-three-pence in my pocket before, so I cannot tell which he gave me. He went away as soon as the liquor was drank. I saw no more of him till he was before Sir John Fielding . The prosecutor came the next day, and showed me the two five-and-three-pences. He took one of them up, and said that was his. He brought another person with him, who picked that from the other. (The five-and-three-pence produced in Court.)

Prosecutor. I believe this to be mine.

Thomas Street. I was in Sir John Fielding's office when the prisoner was brought in. The prosecutor said he had lost a quantity of money. I was ordered to search the prisoner. I did, and found five guineas and two half guineas upon him.

Samuel Bedford . I am a watchman. I saw the prisoner tossing up for liquor about two o'clock on the Tuesday morning by the Coach and Horses by Temple Bar. I saw him pull gold out of his pocket.

John Eagle . The prosecutor came to the watch-house about three o'clock on the Tuesday morning, and enquired after the prisoner: we searched about, and found him by the Butcher-Row, Temple-Bar, where we took him about three o'clock in the morning on the Wednesday.

Prisoner's Defence.

I was at Lime-house on the Sunday, and received half a guinea. I changed it at a public-house, and there I took that five-and-three-penny piece. I always paid my way. I worked constant, and never was idle. I came home on the Sunday evening, and on the Monday night I had money in my pocket to furnish a room, as my wife was coming out of place. I have not been married long. A man swore he would kill me, and he took and threw me into the dirt. I went to Mr. Eaton's, and asked for something that was good. I found myself in liquor. I was loth to pull out my money there. I have hardly been idle for five months, except on a Monday. I am a taylor by trade.

Mary Newman . I have known the prisoner two years. I never heard a bad character of him. I believe him to be a very honest, industrious young fellow.

Guilty . Death .

335, 336, 337. (M.) John Briler , John Robinson , and John Hundsdon , were indicted, together with two other persons not taken, for breaking and entering the dwelling-house of John Wilkins , on the 4th of May , about the hour of eleven in the day, no person being therein, and stealing a large quantity of household goods, the property of the said John, in his dwelling house . ++

The dwelling house appeared not to be the property of the prosecutor, in which he had put his goods, and the three persons loaded them in a cart, and put them into an apartment belonging to Briler, and sent the prosecutor word where he might find them.

All three acquitted .

338. (M.) Frances, wife of William, Grigg was indicted for stealing a woman's silk cloak, value 4 s. the property of Ann Roberts , spinster , April 10 . ++

Acquitted .

George Williams and Richard Brace , capitally convicted in April Sessions, were executed on Tuesday the 9th of May.

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

Received Sentence of Death, Seven.

Mary Harris , Louisa Smith , James Best , William Sykes, John Abram otherwise Abraham, Judith Baldwin , and John Creamer .

Transportation for fourteen years, Two.

Winnifred Carryl , and John Baker .

Transportation for seven years, Thirty-One.

John Smith , Sarah Manton otherwise Stretton otherwise Smith, George Pool , Joseph Bluckfield , John Steward , James Catling, William Nicholl, Mary Harding , Michael Mills , Eleanor Smith , Philip Erovselle , Francis Bush , Moses Waters , Robert Mallows , Thomas Gray , James Warden , Peter Medley , Samuel Levi , John Butler , Eleanor Morgan , Matthew Dalloway , Stephen Hope , John Burnett , William Perry , Thomas Jones , John House , John Morris otherwise Hambleton, Andrew Burk , Robert Williams , Elizabeth Odell , and Sarah Rowden .

Branded, Two.

Daniel Collins , and Sarah Scurry .

George Williams and Richard Brace , capitally convicted in April Sessions, were executed on Tuesday the 9th of May.

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