Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 26 November 2014), October 1769 (17691018).

Old Bailey Proceedings, 18th October 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 18th, Thursday the 19th, Friday the 20th, Saturday the 21st, and Monday the 23d of OCTOBER, 1769.

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

NUMBER VIII. 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 Goal-Delivery, held for the City of LONDON, &c.

BEFORE the Right Honourable SAMUEL TURNER , Esquire, Lord Mayor of the City of London; Sir Sidney Stafford Smythe, Knt. one of his Majesty's Barons of the Court of Exchequer *; Mr. Justice Bathurst, one of his Majesty's Judges of the Court of Common Pleas +; James Eyre , Esq; Recorder ++; and others of his Majesty's Justices of Oyer and Terminer, of the City of London, and Justices of Goal Delivery of Newgate, for the said City and Country of Middlesex.

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

London.

John Welling ,

Anthony Gillman ,

John Jones ,

Thomas Carrington ,

Thomas Mould ,

Joseph Potter ,

John Gray ,

Benjamin Hulett ,

William Ransum ,

John Keene ,

John Tompkins ,

Daniel Pocker .

Middlesex.

Charles Mills ,

William Jones ,

William Bayne ,

Rich Longbothom ,

Joseph Tidmarsh ,

Thomas Dormer ,

Thomas Monday ,

Joseph Hart ,

John Gee ,

William Kline ,

Richard Maddock ,

Hans Jennis .

550. (L.) Joseph Smith was indicted for stealing twelve silver tea-spoons, value 20 s. one pair of paste shoe-buckles set in silver, value 18 s. one dog-skin instrument case, with instruments therein, as silver bow-scissars, a penknife, a pair of steel knippers, &c. one fish-skin pencil-case, mounted with gold, a pair of cornelian sleeve-buttons, and two gold rings, the property of Thomas Mallison , privately in the shop of the said Thomas , October 31 . ++

Thomas Mallison . I am a goldsmith , and live in Cornhill . The prisoner was my errand-boy . About a month last Monday he was gone out, and was accused with another offence and brought back to my house, into my counting-house, where he was searched, and an etwee-case and a gold pencil-case were found upon him. He then confessed he had in one of his boxes up stairs two dozen of silver tea-spoons. The box was brought down; there we found them; and a pair of cornelian sleeve-buttons, with a pair of stone buckles, were taken out of his coat pocket that was in one of his boxes; also two gold rings were in one of his boxes.

(Produced in court, and deposed to.)

Thomas Branston . I am servant to the prosecutor. Those things are his property; I know them by often seeing them, as well as by our private mark on the spoons. I was present when some things were found; some upon the prisoner, and some in his box.

Q. How old is the prisoner?

Branston. He is about fifteen or sixteen years of age.

Prisoner's Defence.

I saw the things lying about, and I took them up.

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

551. (M.) Richard Barnsby was indicted for stealing a linen bed-quilt, value 2 l. 2 s. two counterpanes, value 4 l. 4 s. one linen coverlid for a table, value 2 s. 6 d. two yards of callico, two pair of women's muslin ruffles, a pair of minninet ruffles, tippet and tucker, three minninet handkerchiefs, a minninet lappet, tippet, and tucker, a black silk cloak, four metal candlesticks, plated with silver, a linen handkerchief, twelve linen shifts, a muslin tillet, a black silk sack and coat, fringed with silk lace, a bombazeen sack and petticoat, thirty-six silver medals, seven enamelled gold rings, a paper snuff-box, a copper medal, a brass medal, a chrystal locket set in gold, a stone breast-buckle set in silver, a load-stone set in silver, a linen sheet, a silk tippet, a leather pocket-book and pencil, a shagreen box, and a cornelian seal, the property of Ann Fonnereau , widow ; one woman's silk gown and petticoat, value 3 l. four other silk gowns, a silk petticoat, two silk fly petticoats, and a silk cloak, the property of Ann Bramley , spinster ; a fustian frock, value 5 s. a gray cloth coat, and a brown cloth coat, the property of Henry Wollaston ; in the dwelling house of Ann Fonnereau , June 27 . *

Susanna Monteith . I was left in care of Mrs. Fonnereau's house in Wellbeck-street, Cavendish Square , when she went out in May last; she was gone sixteen or seventeen weeks, and the prisoner visited me about four times in that time. The first time was about a month after my mistress was gone; the next about a fortnight after; and the next about a fortnight or three weeks after that; the first and second time he asked to go into the garden to get a bit of jessamin.

Q. What is the prisoner?

Monteith. He was a gentleman's servant out of place.

Elizabeth Walley . About four weeks ago, or upwards, the prisoner brought a sattin gown and coat, and desired me to pledge them. I asked him whose property they were; he said they belonged to one Mrs. Gray in Whitechapel: he said she had a great many things in pawn, and she would be glad to sell some to redeem others. The same week he brought a crimson gown and some pieces of silk. I went and sold them, and brought him the money. While I was out selling them, he brought some other things; eight shifts, and a muslin toilet for a table. I could not get the value of them, so I brought him them again. After that he asked me to go out with them again. Then he brought a sack and coat, and set the price five guineas. There were other things he brought also, but I did not sell them; a black bombazeen coat, a callico counterpane, but no linen, a cradle quilt worked in the same manner. I sold the sattin gown and coat to Mr. Everingham: the prisoner and a woman were with me at that time. I sold a small spotted one, and some pieces of silk, to John Gilder . The prisoner told me he sold the shifts to Mr. Phillips. I sold a black sack and coat to Mr. Phillips. I gave the money I sold them for to the prisoner. After that the prisoner's aunt came; her name is Dyson; she asked me if I had seen Richard that day. I said, How came he to sell so many clothes? I said he told me they belonged to Mrs. Gray in Whitechapel. She said they were none of Mrs. Gray's; then I thought I had been led wrong. I then sent my brother-in-law and others after him, and they brought him to me. I begged of him to tell me whose property they were; he said they were Mrs. Gray's. I said I would go with him to her, and if she said they were her things, I would release him. After that, somebody said they were none of her's, and he said the same; then he was sent to the watch-house.

Q. Were do you live?

Walley. I live in Castle-street, Oxford-Market.

Q. What do you do for a living?

Walley. I get my bread by washing. I had washed for tho prisoner I believe two years.

Prisoner. That evidence did sell the things for me.

Ebinezer Everingham. About the 25th of last month I received those things of the last witness. (Producing a silk gown.) The coat I had of her, but that I sold. I gave two guineas and a half for them.

Ann Bramley . This is my gown: I left it in a box in Mrs. Fonnereau's house, when I went out with her the 21st of May to Tunbridge.

John Gilder . I bought a gown and coat of Mrs. Walley, and a large piece, and several small pieces of silk. (Produced in court.)

The prosecutrix deposed to the small pieces, and Mrs. Bramley to the others.

Charlotte Phillips . Mrs. Walley brought eight shifts to my shop; I bid her fifty shillings for them, but she would not take the money. She came again the next day, and another person with her. I bought them of the other woman, named Smith, for two guineas, and a toilet and other things with them. (Produced in court, and deposed to by Mrs. Fonnereau.)

Walley. These are the things the prisoner sent me with.

Mary Smith . I carried eight shifts, and the other things, to Mrs. Walley. There were two coats, a counterpane, and a cradle quilt. These are the things here produced: I sold them to Mrs. Phillips.

Charles Murthwaite . The prisoner brought a great many things to my house to pawn, with two pair of candlesticks plated with silver, on the 13th of September: he said he brought them from a lady. (Produced, and deposed to by prosecutrix.)

Murthwaite. These I also received of the prisoner. (Producing a black silk cloak, deposed to by Mrs. Bramley.)

Murthwaite. These I had also of the prisoner. (Producing three men's coats, deposed to by Henry Woollaslot , servant to Mrs. Fonnereau.)

Edward Holt . I live in Castle-street, and am a pawnbroker. I received six gold rings and some medals of the prisoner at different times. (Produced in court.)

Mrs. Fonnereau. These are, my property. There are thirty-three medals.

Richard Rumbolt . I am a pawnbroker, and live in Vere-street. I received this tippet and two counterpanes of the prisoner, and several other things. (Producing a large quantity of wearing apparel, deposed to by prosecutrix.) He told me they were the property of one Mrs. Gray, who he said was in distress.

Richard Jones . I am a constable. I was directed to search the prisoner's lodgings, on the 25th of September, where I found, in a drawer, a sheet, a black tippet, a pocket book, and several medals. (Produced, and deposed to by prosecutrix.) The prisoner was asked if the prosecutrix would not miss the things when she came home: his answer was, she would find a d - nable deficiency.

Mr. Seabine. I had this ring of the keeper of the watch-house where the prisoner was. (Produced, and deposed to by prosecutrix.)

Sarah Jacobs . I am servant to Mrs. Phillips. I bought a sack and coat of Mrs. Walley, and sold them the next day.

Seabine. When the prisoner was before the Justice, I heard him say he took the things out of the house, at the fore door, at four times. I said, Then you must have a key. He said he had a key, and he left the door a jar each time, and that the maid was a washing below, when he brought them out, and gave them to three men, who took them away.

Q. to Mrs. Bramley. Is there a key-hole on the outside of the street-door?

Mrs. Bramley. There is. The back-door goes out into Marybone-lane. All these things mentioned were left in the house when we went out.

Prisoner's Defence.

I was drinking with a couple of men, who brought these things to me; and I lent them some money upon them; but they not coming again to their word, I took and sold some, and pawned others.

Guilty . Death .

552. (M.) Andras Hendrick Longreen was indicted for breaking and entering the dwelling house of William Norman , on the 9th of October , about the hour of twelve in the night, and stealing four china punch bowls, value 10 s. and 20 s. in money numbered, the property of William Norman , in the dwelling-house of the said William . *

William Norman . I am a victualler , and live at Limehouse ; my house had been broke open before, but the last time it was broke open was this day se'nnight at night. We went to bed about eleven, and made the door and windows all fast; a gentlewoman came to the door and called out that the house was broke open, and desired us to get up I got up, and found a back window was broke open. I missed four punch bowls. I also found my till was broke. I missed some money out of it, but cannot say how much.

Q. Why do you charge the prisoner?

Norman. He was catched in breaking open my neighbour's house: then he confessed to the breaking mine. I heard him own to it before the Justice. He owned he had broke into my house five times. He said he broke in this time about two in the morning, and had taken four punch bowls, and three handfuls of copper, and that nobody else was with him.

Q. How was the window broke?

Norman. There was a whole light taken out over the kitchen door; but he could not get in there, so he came and broke a shutter of the back room window, and came in that way, where he said he had been in before.

Q. What is the prisoner?

Norman. He is a sea-faring man. He did work for me about a month.

Elizabeth Mason . I saw the house was broke open between five and six that morning, and I called the prosecutor up.

Prisoner's Defence.

I do not know any thing at all about it. I belong to the Pacifick Indiaman, and have been at home about five months.

Guilty . Death .

There was another indictment against him for burglary.

553, 554, 555. (M.) John Leveredge and John Cook were indicted for stealing a silver watch, value 30 s. the property of Digory Masters ; and Joseph Mahan for receiving the same, well knowing it to have been stolen , August 29 . +

Digory Masters. On the 29th of August the two boys at the bar, Leveredge and Cook, came into my shop under pretence to buy a pair of shoes. I shewed them a pair, but they said they would not do. I turned my back to see for another pair, and I suppose then they took my watch. I know it was hanging up in its place when they came in, and I missed it in about a quarter of an hour after they were gone. About three weeks after Mr. Wright, the keeper of Tothillfields Bridewell, brought Leveredge to me, who confessed that they took it at that time.

John Glyn . I took in this watch of a woman that lives with Mahan; on the 13th of September she fetched it out again, and Mahan brought it again on the 15th.

George Rimer . I am going in my fifteenth year of age. Leveredge and Cook went into the shoemaker's shop to buy a pair of shoes. I stood without at the corner. Cook came out first with the watch, and said, I have got the watch, let us run away. We did. After that Leveredge sold it to Mahan for fifteen shillings.

Q. Did Mahan ask you how you came by it?

Rimer. He knew how I came by it; he used to be always buying of things. He has bought other things of boys.

Q. What is he?

Rimer. He is a shoemaker by trade.

Q. What is Leveredge?

Rimer. He is a plaisterer .

Glyn. The boy Rimer told me it was sold for twelve shillings.

Rimer. Mahan bought two watches of us; he gave twelve shillings for one, and fifteen for the other.

Q. What is the watch worth?

Glyn. I lent sixteen shillings upon it.

Leveredge's Defence.

I went into this man's shop to buy a pair of shoes: he had none that would fit me. Cook was gone about five minutes before me. He and Rimer ran away. I did not see them till the Monday: then they asked me to go with them to sell a watch, but I had none of the money.

Rimer. We sold the watch the same afternoon that we took it.

Cook's Defence.

Rimer met me coming out at the door: he had a watch, and he went and sold it. I had none of the money indeed.

Mahan's Defence.

Last Saturday was a month this young fellow came up to me, that is, Leveredge. I never saw any body but him. He asked me to mend his shoes. I said I had but six-pence about me to buy leather. I said, If you will give me a shilling, I will go about them on the Monday morning. He said he had no money. He had a watch, and desired me to go and pawn it for him. I went and left it with Mr. Glyn for sixteen shillings. I never saw him after till before Sir John Fielding .

Leveredge acquitted .

Cook guilty . T .

Mahan guilty . T. 14 .

(M.) John Cook and John Leveredge were a second time indicted for stealing a silver watch, value 30 s. the property of John Salt , September 15 . +

John Salt deals in clothes . The three boys went in, and while one was trying a coat on, another of them took his watch, which Rimer had seen hanging up the day before, and bad told the others of it; and they went on purpose to take it.

Both guilty . Leveredge B .

556. (M.) Richard Neil was indicted for stealing a silver watch, value five guineas , the property of John Leith , October 5 . +

John Leith . I am a labouring man , and live in St. Giles's . I thought the boy at the bar was starving, so I took him home on the Tuesday, and he seemed to behave very well; on the Wednesday and on the Thursday I missed him, and my watch from hanging on a nail. I went to Sir John Fielding , and got some hand-bills distributed about, and the watch was stopped and brought there.

Andrew Pursell . About five minutes before the watch was brought to me, I had a hand bill delivered to me from Sir John Fielding . A soldier, name Kirk, brought the watch to pledge, and I seeing it answered the bill, stopt it, and took the soldier before Sir John.

John Kirk . I am a soldier. I had this watch of a man, named Alsop. I carried it to pawn, and was stopt with it.

John Alsop . I was centry at Whitehall guard, when the lad at the bar came and shewed this watch to me. He said he found it in a piece of flannel, in the Strand. He asked us if we would be so good as to go and pawn it.

Q. Did you know the prisoner before?

Alsop. I never saw him before, to my knowledge. (The watch produced, and deposed to by prosecutor.)

Prisoner's Defence.

I took the watch, and carried it to the soldier, who was to give me nine shillings for it.

Guilty . T .

557. (M.) Ann Ridder , spinster , was indicted for stealing eleven yards of lace, value 3 s. and four pair of women's leather gloves, value 1 s. the property of Richard Groom , October 7 . +

Elizabeth Groom . I am wife to Richard Groom . The prisoner has worked for me between eight and nine years, in making up cloaks and hats: she came to my house almost every day. I moving from my house in Berwick-street, to Newman-street, near the Middlesex Hospital, I desired her to help me. After she had went a second time, I enquired for the piece of lace: she said I should find it among the things. After that I missed several other things; when I asked her about them, she made slight of them, but at last she owned the fine lace and some ribbons were sent to Chertsey in Surry, to her sister, to be sold. I went the same day to Chertsey, and shewed her sister the hand-writing of the prisoner of the things; then her sister gave me this letter (producing one) which I know to be of the prisoner's hand writing. (It is read in court.)

The contents were, that the prisoner had sent her some lace, which she said was very cheap, &c. (The lace produced in court.)

Elizabeth Groom . This lace I received of her sister in Surrey: it is my property. I found four pair of gloves in her apartment in Swallow-street, and she owned she took them out of my apartment in Berwick-street.

Mary Warden . Mrs. Groom called upon me, and said she had been robbed. I went with her to the prisoner's room, and said to her, You have robbed Mrs. Groom. She begged for mercy of Mrs. Groom, and owned it. I saw the gloves found. I heard her confess she took the lace and some ribbons.

Prisoner's Defence.

I am employed in the black millener way . I have often black lace by me.

She called James Morris and George Vickers , who said they never heard any ill of her character before.

Guilty . T .

558. (M.) John Gilder was indicted for stealing six shillings and six-pence, and six half-pence , the property of Simon Clark , Aug. 12 . +

Acquitted .

559. (M.) George Croucher was indicted for stealing two table cloths, value 5 s. and twenty-four halfpence , the property of John Wood , October 9 . +

John Wood . I keep a public-house in Westminster . I lost two linen table-cloths; I cannot say the exact time; the boy at the bar confessed to the taking and pawning them. I also lost halfpence at different times. The prisoner drawed beer for me at different times.

Q. How old is he?

Wood. His father says he is seventeen years of age. I never got the table cloths again. The boy owned to me he got into my house at the upper window, and came down to the till, and took the halfpence. He said he pawned the table cloths to Henry Still in the Almory, but he says he has no such things.

The prisoner said nothing in his defence.

Guilty . T .

560. (M.) Joseph Baretti was indicted for the wilful murder of Evan Morgan ; he also stood charged on the coroner's inquest for manslaughter, October 6 . +

He had the liberty, being a foreigner, to be tried by a Jury of half foreigners: but he chose to be tried by all Englishmen.

Elizabeth Ward . I was in the Hay-market on the 6th of October, and between nine and ten in the evening. There was another woman with me, whom I never saw before. She asked me for a penny: I told her I had none. She sat upon a step of a door, and I sat down by her. As this gentleman went past, the other girl asked him to give her a glass of wine, as she was sitting on the step, and she put her hand towards him.

Q. Did she touch him?

E. Ward. I cannot say whether she did or did not: I believe she did.

Q. What was that for?

E. Ward. I believe it was by way of inducing him to go with her. He went a little further on, and then turned back and struck me a great blow on the side of my face.

Q. What was you doing?

E. Ward. I was looking at the girl, and he came unawares to me.

Q. Was it open-handed, or with his double fist?

E. Ward. It was with his double fist.

Q. Did it hurt you?

E. Ward. It hurt me very much.

Q. Were any body near you then?

E. Ward. I did not see a creature near me then, except he and the girl. Then I called out.

Q. How far did he go before he returned?

E. Ward. As near as I can guess, he went about a yard. When I screamed out, three young men came to him: they asked him how he could strike a woman.

Q. Did you not say something about your patten?

E. Ward. Upon my word I did not, nor did I hear it mentioned.

Q. Did you not say he ought to be clove down with a patten?

E. Ward. No, I did not.

Q. Did you hear the young men say so?

E. Ward. I did not. One of them asked him how he could strike a woman; and they shoved one another against him, and shoved him off the pavement.

Q. Whereabouts was this?

E. Ward. This was at the corner of Panton-street. They shoved him off into the Hay-market, into where the coaches go. Then he drawed his knife out of the case and held it in his hand; but I did not see him stab either of them. They cried murder, he has a knife out!

Q. What was done then?

E. Ward. The gentleman ran away immediately when they called out.

Q. Did you here them say they were stabbed?

E. Ward. I did not. They all ran after him.

Q. Did they shove one another against him before he took his knife out, or after?

E. Ward. They shoved one another against him before he took his knife out.

Q. Did you see him take it out of his pocket?

E. Ward. I saw him take it out of the case. I did not see him take it out of his pocket.

Cross-Examination.

Q. Who was that woman with you?

E. Ward. Upon my word I knew nothing of the woman.

Q. Did you not know her before? You are upon your oath.

E. Ward. I did not.

Q. Have you seen her since?

E. Ward. I have not. I asked in the Haymarket, but could not find her.

Q. What size woman was she?

E. Ward. She was rather shorter than I.

Q. How was she dressed?

E. Ward. She had a brown gown on. It appeared to be black. I do not know whether it was brown or black.

Q. How long had you been sat down by her, before the gentleman came by?

E. Ward. Not long.

Q. Whereabouts did she put her hand?

E. Ward. Towards his breeches; towards his private parts.

Q. Do you think she did or did not touch him?

E. Ward. I believe she did touch him.

Q. How long after this did the three young men come up?

E. Ward. In a moment; immediately.

Q. How many of those young men were you acquainted with before?

E. Ward. I was not acquainted with any of them; only one of them kissed me the night before in the Haymarket. I believe I saw two of them: I remember one of them in particular, because he squinted. *

* The evidence Clark squinted.

Q. Did you never see them, or either of them, before?

E. Ward. Upon my word I never saw them in my life before.

Q. Whereabouts in the Haymarket did you see them?

E. Ward. It was by the Orange coffee-house, at the end of the Haymarket.

Q. Which of the other was it that you saw besides he that squinted?

E. Ward. I believe the other was Morgan, he that is dead.

Q. How soon after they said - How could you strike a woman? I was it that they shoved the gentleman?

E. Ward. Directly.

Q. How many times did they shove him?

E. Ward. It was twice. They shoved one, and then another. They were all close together. They shoved him from off the pavement.

Q. Where was he when you saw the knife in his hand?

E. Ward. He was then off the pavement in the high-way; I saw the knife in his hand; and then he ran away.

Q. Did he run very fast?

E. Ward. He ran quite fast, about eight or nine doors up Panton-street, the way where he ran into the house, only the house was farther on; then I saw his head over their shoulders turn back. This was when he was gone eight or nine doors up. They all kept to close to him. I believe it was then that the deceased was stabbed.

Q. Did you follow them?

E. Ward. I did, and saw him afterwards go into a shop in Panton-street.

Q. How many doors was that house from the end of the Haymarket?

E. Ward. I really cannot tell.

Q. Did you observe any other house open besides that?

E. Ward. I saw no other open but that: that house was not above two or three doors from Oxendon-street.

Q. Were there no names called?

E. Ward. There were no names called by any body.

Q. Did not you, or the other girl, call him French dog, or to that purport?

E. Ward. No. I remember he called us b - hes.

Q. Did not the young men call him such names?

E. Ward. I did not hear them. I was in a flurry. I do not remember they did.

Q. Do you recollect you have ever said they did?

E. Ward. I believe I might say so.

Q. Do you believe you then told what was not true?

E. Ward. I never designedly said what was not true.

Q. Then recollect what you did hear.

E. Ward. I remember hearing some say buggerer, or some such name. Some of them called him so.

Q. Which was it, the other girl, or some of the men?

E. Ward. I cannot tell whether it was the girl, or one of them.

Thomas Patman . On the 6th of October Mr. Clark and I were coming up the Haymarket. We met Morgan near abouts where the fire was. We drank three pints of beer together, at a house that turns up on the left-hand. We asked Morgan to give us a song; he said he would give us a song, if we would go along with him to a house in Golden-square. We were going along the Haymarket all three together, and just at the corner of Panton-street, coming by, there was a gentleman struck a woman. I saw him strike her on the head. She reeled, and was very near ready to fall. I do not know whether it was me that said he was not a gentleman for striking a woman.

Q. Did you know the woman?

Patman. I did not. I had never spoke to her in my life.

Q. What did the woman say?

Patman. The woman cried out. I never heard her mention a word before. She said, You do not behave like a gentleman.

Q. What did he say?

Patman. I never heard him speak a word. The other two men were behind me, and they immediately pushed me against the gentleman. I received a blow from him directly on my left side: the blood ran down into my shoe.

Q. How many times was you pushed against him?

Patman. I remember no more than once.

Q. Was it with any great violence?

Patman. No, none at all. It would not hurt any body.

Q. Did you hear the word buggerer mentioned, or something like?

Patman. I did not.

Q. Did you not call him names?

Patman. I did not call him any names at all. I cried out I was stabbed.

Q. Where was the gentleman then?

Patman. He was just at the corner of Panton-street, off of the Haymarket pavement.

Q. What did Morgan do to him?

Patman. I never saw Morgan do any thing. The gentleman made off half way up Panton-street. I did not know he had a knife. Morgan ran after him, to take him, and just by the Hole in the Wall Morgan received a wound. I saw the gentleman strike at him as he was running up Panton-street: he struck him on the side of his body.

Q. Whereabouts was he when this was done?

Patman. He was half way up Panton-street, on the right-hand.

Q. Did you see any other blows given?

Patman. I saw none but that. We pursued him, and cried murder. We saw him go into a chandler's shop. I went just by the door. Morgan was lying on the ground, as they told me. I did not see him. I never lifted up a hand against the gentleman, neither did I see any of the others offer to strike him.

Q. Did you hear any such words as buggerer, or French bugger?

Patman. No, I did not.

Q. Had you given him no offence at all?

Patman. No.

Q. Was you not pushed against him?

Patman. I was.

Q. Where was he then?

Patman. He was off the pavement.

Cross-Examination.

Q. How many were there of you at the public house?

Patman. There were Clark, I, and Morgan. We wanted Morgan to sing a song there, but he had been desired by people there before, and he would not sing there.

Q. Where did you and Clark meet with Morgan?

Patman. We met with him accidentally in the Haymarket.

Q. When had you seen him before?

Patman. I had seen him some time before.

Q. How many woman did you see?

Patman. There were two women sitting on the steps, within two doors of Panton-street, in the Haymarket.

Q. Did you know either of them?

Patman. No, I did not.

Q. Can you tell whether Morgan knew any of them?

Patman. I cannot say whether he did or no.

Q. Did you never declare that Clark and Morgan knew the girl?

Patman. I do not know that I did.

Q. Was you examined before Sir John Fielding ?

Patman. I was.

Q. Did you not say there that they did?

Patman. I do not remember I said so.

Q. Did you hear any expression made use of by either of the girls about a patten?

Patman. I was in a flurry; I do not remember it.

Q. How long after the blow you declared you was stabbed?

Patman. Directly.

Q. Did you not declare, that at the time you was stabbed you did not know you was stabbed, till you felt the blood run down?

Patman. The blood ran immediately.

Q. Might not there be a minute or two between?

Patman. I am most sure, it was not half a minute.

Q. Where was Mr. Baretti pushed to; was he pushed off the pavement?

Patman. I believe he was pushed about three feet.

Q. How near was you to him?

Patman. I was close by him. I followed him by the force of the push.

Q. How long after the push did you call out you was stabbed?

Patman. I felt the blood come immediately.

Q. Did not you say you did not know you was stabbed till the other man fell?

Patman. I knew I was stabbed before.

Q. But did not you say you did not call out you was stabbed, till after the other man was stabbed?

Patman. I gave notice directly.

Q. Did you see Morgan attempt to strike him?

Patman. No.

Q. Where was he when Morgan laid hold of him?

Patman. Just by the Hole in the Wall.

Q. How far might that be from the place where he was stabbed?

Patman. That was about eight or nine doors distant.

Q. Did you not see the knife?

Patman. I never saw it at all. I thought it had been a little pen-knife.

John Clark . I was going up the Haymarket on Friday, the 6th of October, in the evening, between seven and eight o'clock. Patman and Morgan were with me. I saw Mr. Baretti strike a woman. Mr. Morgan pushed me against Patman, and Patman pushed against Mr. Baretti.

Q. Was it a shove with violence?

Clark. No; it was a slight shove. He did not push me so very hard.

Q. What happened upon that shove?

Clark. I did not see the knife till they hallooed out they were stabbed.

Q. Did you hear Patman cry out he was stabbed?

Clark. Yes. The gentleman ran away, and Mr. Morgan went up to him, and he stabbed him.

Q. At what time did Patman say he was stabbed?

Clark. Some time after.

Q. How long after?

Clark. It might be a minute, or a minute and a half, or two minutes.

Q. Then the moment Patman had been pushed against him, he ran up Panton-street?

Clark. Not till they both cried out.

Q. Where was Morgan stabbed?

Clark. In Panton-street.

Q. I ask you, whether as soon as Patman had been pushed against the gentleman, did they not both go off the pavement upon that push?

Clark. The gentleman did. I do not know whether Patman did.

Q. Upon that, did not the gentleman immediately run up Panton-street?

Clark. He went on towards Panton-street.

Q. Then he went on for Panton-street before you heard Patman say he was wounded?

Clark. Yes.

Q. Did you see the blood upon Patman?

Clark. Yes, after he got to the grocer's shop.

Q. Then you cannot tell whether it was before or after Patman was stabbed that he ran?

Clark. I cannot say which was stabbed first.

Q. Did you not all run after the gentleman when he ran up Panton-street?

Clark. Yes.

Q. When did Patman say he was wounded?

Clark. That was after we had run after the gentleman.

Q. Then you had not heard him say so before?

Clark. No.

Q. Why did you run after him?

Clark. Because they said he had a knife in his hand.

Q. Did you hear somebody say they were stabbed?

Clark. Yes.

Q. And did you take that to be one of your companions?

Clark. Yes.

Cross-Examination.

Q. You have been examined by the magistrate and coroner, have you not?

Clark. Yes.

Q. You was sworn before the coroner to tell the truth?

Clark. Yes.

Q. Did not you before the coroner swear that Morgan was first stabbed?

Clark. I did not know which was.

Q. Did you say that Morgan was the first person that said he was stabbed?

Clark. I did not know who that was. Somebody cried out they were stabbed, but I did not know who it was.

Q. Did not you say so before the coroner, and sign to what you said? Have you seen your deposition lately?

Clark. No.

Counsel. I agree with you, you say you do not know which was first stabbed: but did not you swear, and sign before the coroner, that Morgan first said he was stabbed?

Q. Have not you said Patman did not know he was stabbed, till he came into Panton-street; and did not you say, when asked, who followed the gentleman, when he was shoved off the pavement?

Clark. I am not certain; I did not take particular notice who ran after him.

Q. Why did you not endeavour to recollect before the coroner, when a man's life was almost as much at stake as here? Did not you say then somebody went up and collared the gentleman?

Clark. Yes I did, it was Morgan: I am not certain who it was, I think it was Morgan: that was after he ran up towards Panton-street.

Q. Where was Morgan when the gentleman stabbed Patman?

Clark. I believe Morgan then was in Panton-street.

Q. Have not you said upon your oath, that Morgan did go up to the gentleman to collar him?

Clark. That was when he went to go away.

Q. Did Morgan first say he was stabbed?

Clark. I am not certain.

Counsel. Remember, the Jury are to depend upon something where a man's life is at stake. Have not you declared upon oath that Morgan was the first that said he was stabbed?

Clark. No, sir.

Q. Have not you said that upon oath before the coroner?

Clark. Yes.

Q. When did Patman say he was stabbed?

Clark. Patman did not say he was stabbed, till near the grocer's shop, as I heard.

Q. Do you know that Morgan knew that Patman had received any injury, when he went up to collar the gentleman?

Clark. I do not know.

Q. Did Morgan go up to collar the gentleman before he knew Patman was stabbed?

Clark. Yes.

Q. Now recollect another thing. What words were made use of on this occasion by the woman?

Clark. The young woman said, he deserved a knock over his head with her patten. That was after he had struck the other woman.

Q. Were not the words, to have his skull cleaved? Did not you make use of the words cut or clove down with her patten?

Clark. No, it was have a knock with her patten, or words to that effect. I said the same words then, as now.

Q. After you was examined, was not you called up to the head of the table, and your deposition read deliberately to you? And was not you desired to attend to it? And did not you sign your name to it, and declare the whole to be truth?

Clark. Yes.

Q. Was the gentleman called any names?

Clark. No.

Q. Did not you tell Mr. Wyatt, the surgeon at the hospital, he was called French bugger, or French woman-hater, or words of that sort?

Clark. No, I did not.

Q. Now as to this Elizabeth Windsor , or Ward, I understand she goes by two names, how long have you known her?

Clark. I never saw her before I saw her at the coroner's. She said she saw me the night before this, but I did not know it was she. She said I kissed her the night before.

John Lambert . I have endeavoured to collect all the evidence together, at a great deal of trouble and pains, and when I had so done, I gave it the prosecutor's sollicitor to make what use of it he pleased. I am a tallow-chandler, and was then a constable. On the 6th of this instant October, about nine o'clock in the evening, I was sat down to supper, when I heard the cry of murderer, or stop murderer, which alarmed me a good deal. I got to my door, and observed the prisoner and two or three men pursuing him: he ran into a grocer's shop just opposite to me. Patman was standing at the door when I went over. He was unbuttoned, and there was blood running down; I observed it through his shirt. I asked him what was the matter; he said he was stabbed by that gentleman, who was then in the shop, and had a knife in his hand. The silver case on it was bloody. He had a green shagreen case in the other hand. I said, Sir, I beg you will surrender. One or two of my neighbours came in; he said, Are you friends? I said Yes, we were, and would protect him. By that time a mob was gathered about the door, being between nine and ten. He endeavoured to put the knife in the shagreen case, and I believe he would have done it, if I had given him time. I not knowing who, or what he was, I thought it best to secure him. Immediately I sprang to him, seized him by the collar, and took the knife and knocked it against a tea-chest to force it in; it was not quite in; and bent the point of it as it is now. ( Produced in court, in a silver case over the blade.) I did propose carrying him to the round-house, but Sir John Fielding 's name being mentioned, Mr. Barretti said he was very willing to go before him. He said he was a gentleman, and secretary to the Royal Academy in Pall-Mall. I took him to Sir John, and he was committed.

Cross-Examination.

Q. Did you observe whether he had any intention to make his escape?

Lambert. No; he did not show any intention of that sort.

Q. Did he attempt to conceal his knife?

Lambert. No. I showed him my short staff, but I believe he did not see it. He appeared to be very near sighted. Some of Mr. Barretti's friends said there was another woman with Ward. I made it my business to take up several prostitutes in the Haymarket, and examined them, but could not find any such person as Ward has mentioned.

John Lloyd . I was a patient in Middlesex hospital when Morgan was there. I asked him how he received his wounds; he said he received them in Panton-street, near the Haymarket; that he and two men were going along, and they saw a gentleman strike a woman; and one of them said he was no man for abusing a woman in that manner; that the deceased being in the middle, they shoved against the gentleman, and he stabbed the next man to him: the man cried, I am stabbed, and he made after him; and when he overtook him, he stabbed him in two places, turned round a third time, and stabbed him again, which hurt him worse than the two first.

Q. Did he tell you he had collared him, or was going to collar him?

Lloyd. He said his life was taken away, without any offence, over and over again.

Robert Lelcock . I was a patient in that hospital at the same time. Mr. Morgan told me he had been and drank a pint of beer with two gentleman; that he saw a gentleman assault a couple of women; that he went up to their assistance, and received two wounds, and after that a third, which stab was the worst he had.

John Wyatt . I am a surgeon at the Middlesex hospital. Morgan the deceased was brought in there. He had received three wounds.

Q. Do not you apprehend that each of these three wounds might occasion his death?

Wyatt. That wound received in his abdomen was the occasion of his death. Wounds in the lungs do sometimes prove mortal, and sometimes not. After I had seen the deceased, I was going through the hall, when the porter stopped me, and told me there was the other man that had been wounded: I turned to him; there was Patman and Clark with him. I asked them how the affair happened. Clark began to tell his story. He said they were coming up the Haymarket; they had drank some beer; where they saw a gentleman abusing a lady, who was an acquaintance of the gentleman's up stairs (meaning Morgan.) These were the very words as near as I can recollect. I kept those words in my mind, because I thought there was something extraordinary, not only in the manner of the man's expressing himself, but in the matter. I let him go on. I believe I asked him what provocation had been given to the gentleman; he said none, only pushing upon him. I asked how that was: he replied in these words, The gentleman up stairs pushed me against that gentleman (pointing to Patman) and I pushed him upon the gentleman (meaning Mr. Baretti.) I asked who it was that struck the gentleman. (I had not heard that any body had, but I thought it probable.) They said they only pushed him. I asked him what provocation the girl had given him; he said he believed she had d - d him for a French bugger, and said he ought to have his head clove with a patten; but, said he, I saw no patten. Clove, or cut down, it was one of those expressions. Then the patients and pupils in the hall were collecting about us. I took him out of the hall into the board room, and said to Clark, This woman was an acquaintance of yours: he said no. Then I said, Probably I made a mistake, she was an acquaintance of the gentleman's up stairs: he then said, No, not at all. Then the gentleman with me said, You rascal, you said so, not two minutes ago. But he then denied it: after that, I did not ask him any other question.

Court. Mr. Baretti, the evidence is now gone through that they have produced against you, in regard to the crime of which you stand charged. It is now your time, if you chuse to say any thing in your own defence, or if you think proper, you may leave it to your counsel to call witnesses.

Mr. Baretti. I have wrote something concerning this accident. I do not know whether it is proper for me to read it.

Court. You certainly may be permitted to speak or read any thing you have wrote. I suppose you mean it as a history of the fact?

Mr. Baretti. Yes.

He read to this purport:

On Friday, the 6th, I spent the whole day at home correcting my Italian and English Dictionary, which is actually reprinting and working off, and upon another book in four volumes, which is to be published in February next, and has been advertised in the News-papers. I went a little after four to the club of Royal Academicians in Soho, where I stopped about half an hour waiting for my friends, and warming myself in the club-room. Upon nobody's coming, I went to the Orange coffee-house, to see if a letter was come for me, for my letters come there, but there was none. I went back to go to the club, and going hastily up the Haymarket, there was a woman at a door; they say there were two, but I took notice of but one, as I hope God will save me: there might have been two, though I only saw one: that is a fact. There was a woman eight or ten yards from the corner of Panton street, and she clapped her hands with such violence about my private parts, that it gave me great pain. This I instantly resented, by giving her a blow on the hand, with a few angry words. The woman got up directly, raised her voice, and finding by my pronunciation I was a foreigner, she called me several bad names in a most consumelious strain; among which, French bugger, d - ned Frenchman , and a woman-hater, were the most audible. I had not quite turned the corner, before a man made me turn back, by giving me a blow with his fist, and asking me how I dare strike a woman; another pushed him against me, and pushed me off the pavement; then three or four more joined them. I wonder I did not fall from the high step which is there. The path-way is much raised from the coach-way. A great number of people surrounded me presently, many beating me, and all d - ning me on every side, in a most frightful manner. I was a Frenchman in their opinion, which made me apprehensive I must expect no favour nor protection, but all outrage and blows. There is generally a great puddle in the corner of Panton-street, even when the weather is fine; but that day it had rained incessantly, which made it very slippery. I could plainly perceive my assailants wanted to throw me into the puddle, where I might be trampled on; so I cried out murder. There was a space in the circle, from whence I ran into Panton-street, and endeavoured to get into the foot-way. I was in the greatest horror, left I should run against some stones, as I have such bad eyes. I could not run so fast as my pursuers, so that they were upon me, continually beating and pushing me. Some of them attempting to catch me by the hair-tail: if this had happened, I had been certainly a lost man. I cannot absolutely six the time and place where I first struck: I remember, somewhere in Panton-street, I gave a quick blow to one who beat off my hat with his fist. When I was in Oxendon-street, fifteen or sixteen yards from the Haymarket, I stopped and faced about. My confusion was great, and seeing a shop open, I ran into it for protection, quite spent with fatigue. I am certainly sorry for the man, but he owed his death to his own daring impetuosity. Three men came into the shop, one of them cried to me to surrender myself to him, who was constable. I asked them if they were honest men, and friends; they said, Yes. I put up my knife, desired them to arrest me, begged they would send for a coach, and take me to Sir John Fielding . I appeal to them how I behaved, when I surrendered, and how thankful I was for their kind protection. Sir John heard what I and the men had to say. They sent me into a room below, from whence I dispatched a man to the club in Gerrard-street; when Sir Joshua Reynolds and other gentlemen came to me. A messenger was dispatched to the Middlesex hospital, where they said Morgan was carried. A surgeon came, and took his oath that Morgan was in danger. Sir John committed me to Tothillfields-Bridewell. Two gentlemen, as well as the constable, can witness to my behaviour when the coachman lost his way, which forced us to alight in the raire and darkness, in order to find the way to Tothillfield-Bridewell. I humbly conceive this will shew I had no intention of escaping. That woeful night I passed without rest. My face had been observed to be hurt, while I was at Sir John Fielding 's; and the constable was the first who took notice of a blow I had received on my chin. But when the heat and fear had subsided, I found a great pain in divers parts of my body. Mr. Molini and Mr. Low being with me, desired me to let them see what was the matter with my back, which I had complained of, I stripped, and they saw several bruises. - This, my Lord and Gentlemen of the Jury, is the best account I can give of my unfortunate accident; for what is done in two or three minutes, in fear and terror, is not to be minutely described; and the Court and the Jury are to judge. I hope your Lordship, and every person present, will think that a man of my age, character, and way of life, would not spontaneously quit my pen, to engage in an outrageous insult. I hope it will easily be conceived, that a man almost blind could not but be seized with terror, on such a sudden attack as this. I hope it will be seen, that my knife was neither a weapon of offence or defence: I wear it to carve fruit and sweetmeats, and not to kill my fellow-creature. It is a general custom in France, not to put knives upon the table, so that even ladies wear them in their pockets for general use. I have continued to wear it after my return, because I have found it occasionally convenient. Little did I think such an event would ever have happened. - Let this trial turn out as favourable as my innocence may deserve, still my regret will endure as long as life shall last. A man who has lived full fifty years, and spent most of that time in a studious manner, I hope, will not be supposed to have voluntarily engaged in so desperate an affair. I beg leave, My Lord and Gentlemen, to add one thing more. Equally confident of my own innocence, and English discernment to trace out truth, I did resolve to wave the privilege granted to foreigners by the laws of this kingdom: nor was my motive a compliment to this nation; my motive was my life and honour; that it should not be tho ught I received undeserved favour from a Jury part my own country. I chose to be tried by a Jury of this country; for if my honour is not saved, I cannot much wish for the preservation of my life. I will wait for the determination of this awful Court with that confidence, I hope, which innocence has a right to obtain. So God bless you all.

Q. to Lambert. Did you take notice of some blow upon Mr. Baretti's face at Sir John Fielding 's?

Lambert. I did. I forgot to mention it before. He told me he had received it at the time by some of the people, which, in all probability he might. It was a little swelled.

Q. Had he his hat?

Lambert. He had lost it in the scuffle.

Ann Thomas . My husband is cook to Sir Pennington Lamb , at Brocket-Hall. I had been in the country, and came to town the day before this happened. I went this day to see a person that was ill of a fore throat. I staid and supped with her, and going home, I came through Leicester-Fields. I was on the left side of the way in the first Panton-street, (there are two Panton-streets ) where I saw a shop open. As I went on (I had my child in my arms) I saw a croud of people at the end of the street by the Haymarket. I also saw a gentleman run from among them on the side of the way I was. I stood still. My child asked me to go home. Whether the gentleman stopped, or they stopped him at the Hole in the Wall, I cannot tell: they all ran after him: they were all in a great bustle: I saw but one woman among them.

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

A. Thomas. There might be eight, or ten, or a dozen. I did not think of being called in question about it. I was about facing him when he stopped. I saw him turn upon them. He was in the midst of them. I saw him run from them again, towards the other passage; and when they ran again, I heard the cry of murder.

Q. Had you heard that cry before?

A. Thomas. I had not. I was much frighted. I and my child wentforward, towards the grocer's shop. I asked a person to take hold of my child, that I might go and see who it was. The person was not willing, so I went on towards home. I never saw the gentleman in my life before.

Mr. Peter Molini . I am acquainted with Mr. Baretti. I dined with him to-morrow will be a fortnight ago, the day after the affair happened. As he was complaining of pain in his body, I desired him to strip, that we might see. In looking on his back, I observed a bruise under his shoulder, on the left side, and another a little lower, on the other side his back; I also saw a swelling on his right cheek, and a scratch on the right side. Two of the bruises were very visible. His jaw was swelled, and there was a little scratch on the same side. There were two other gentlemen present at the same time.

Q. Look at this knife here produced. (He takes it in his hand.)

Mr. Molini. I have seen such knives as these before; they are used by almost every body. It is usual to carry them in pockets. Ladies use them to peel fruit, and eat sweetmeats, abroad. It is not common, as here, to put knives on the table. The outside is silver, and the inside steel, to cut a little bit of bread with.

Mr. Low. I am acquainted with Mr. Baretti; I visited him in Tothillfields-Bridewell. On Saturday, the 7th of this instant, a gentleman came and told me of the affair. I went about three, and asked him how he did; how he found himself: he said, I can scarce tell you; my mind is in a very bad situation, and I have bruises on my body. I said, You had better shew them before they go off. I lifted up his shirt, after his coat and waistcoat were off, and saw six or seven bruises on his body. The most remarkable was upon his blade-bone. There was one on his hip, and another on his side, which seemed as if the skin was a little off.

Justice Kelynge. I once was coming from a relation of mine down Panton-street, when a woman took hold of me, and endeavoured to put her hand into my breeches. I immediately sprung away. I was going to knock her down, when two men came up to me. I called out watch! watch! very loud, but no watch came, though they were very near. A gentleman, a major, crossed the way to me, and then they all ran away. It is a common case there, I am sorry to say it, notwithstanding all the care we take. Here is another brother magistrate in court, that has been attacked in the same manner: there is seldom a woman that attacks a man, but they have two or three men behind them, ready to pick your pocket, or to knock you down.

Mr. Perrin. It is impossible to walk up the Haymarket in the evening, or night, but you will meet with women the most indecent, the most abandoned wretches, that ever I saw, and they have often men following them. I have been obliged to go out of the way on their account. I have complained of this to Sir John Fielding and to Mr. Kynaston desiring they might be removed, for they are a common nuisance. Pains have been taken to remove them. They generally are attended by men. I have sometimes been afraid of walking up and down there. They will attack you, by laying hold of your arm, and are guilty of very great indecency, not to be bore with. There was a night-cellar there, where they frequented, but that has been removed.

Major Alderton . I lodged at one time in Oxendon-street about four years. I was attacked about twelve months ago, at the corner of Panton-street, by men and women. I was attacked by women first, and because I pushed them away, I was attacked by men: they began to jostle me, but I had a pretty good stick in my hand, and they did not chuse to closely attack me. I applied to Sir John Fielding , and complained of that night-cellar. The licence then could not be taken away, because the house was of use to chairmen. It since is taken away. I have been more than once or twice attacked at that place. I have seen eight or ten there together, both men and women.

Hon. Mr. Beauclerck. In France they never lay any thing upon the table but a fork, not only in the inns, but in public houses. It is usual for gentlemen and ladies to carry knives with them, without silver blades. I have seen those kind of knives in toy-shops.

Q. How long have you known Mr. Baretti?

Hon. Mr. Beauclerck. I have known him ten years. I was acquainted with him before I went abroad. Some time after that I went to Italy, and he gave me letters of recommendation to some of the first people there, and to men of learning. I went to Italy the time the duke of York did. Unless Mr. Baretti had been a man of consequence, he could never have recommended me to such people as he did. He is a gentleman of letters, and a studious man.

Sir Joshua Reynolds . I have known Mr. Baretti fifteen or sixteen years. He is a man of great humanity, and very active in endeavouring to help his friends. I have known many instances of it. He is a gentleman of a good temper; I never knew him quarrelsome in my life; he is of a sober disposition. He never drank any more than three glasses in my company. I never heard of his being in passions or quarrelings. This affair was on a club night of the Royal Academicians. We expected him there, and were enquiring about him, before we heard of this accident. Mr. Baretti is secretary for foreign correspondents.

Doctor Johnson. I believe I began to be acquainted with Mr. Baretti about the year 53 or 54. I have been intimate with him. He is a man of literature, a very studious man, a man of great diligence. He gets his living by study. I have no reason to think he was ever disordered with liquor in his life. A man that I never knew to be otherwise than peaceable, and a man that I take to be rather timorous.

Q. Was he addicted to pick up women in the street?

Dr. Johnson. I never knew that he was.

Q. How is he as to his eye-sight?

Dr. Johnson, He does not see me now, nor I do not see him *. I do not believe he could be capable of assaulting any body in the street, without great provocation.

* Dr. Johnson and Mr. Baretti are both very near-sighted.

William Fitz-Herbert , Esq; I have known him fourteen or fifteen years. He is a man of as good a character as ever I knew any body; a peaceable man; a man that I always chose to have in my family. He has been in the summer in the country with my family for months together. I never saw any thing exceptionable by him in any kind whatever.

Edmund Burke , Esq; I have known him between three and four years; he is an ingenious man, a man of remarkable humanity; a thorough good-natured man.

David Garrick , Esq. I was not very intimate with Mr. Baretti till about the year 54, though I knew him before. I never knew a man of a more active benevolence. He did me all the civility he could do to a stranger, as indeed he did so to every Englishman that came in the course of my acquaintance with him. When I was at Paris, I was very inquisitive about men of literature. I asked who they thought was the best writer in their language; they told me Mr. Baretti. He is a man of great probity and morals. I have a very particular instance of his great friendship to me. Mrs. Garrick got a lameness, and we tried every method in order for a remedy to no purpose; and Mr. Baretti was the person that restored her.

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

Mr. Garrick. I cannot say I ever saw one with a silver sheaf before. I had one, but I have lost mine. Mrs. Garrick has one now, with a steel blade, and gold.

Q. When you travel abroad, do you carry such knives as this?

Mr. Garrick. Yes, or we should have no victuals.

Doctor Goldsmith. I have had the honour of Mr. Baretti's company at my chambers in the Temple; he is a most humain, benevolent, peaceable man. I have heard him speak with regard to these poor creatures in the street, and he has got some in the hospital, who have had bad distempers. I have known him three years. He is a man of as great humanity as an in the world.

Doctor Hallifax . Mr. Baretti is a man extremely affable in his temper, and quite a good-natured man.

There were divers other gentlemen in court to speak for his character, but the court thought it needless to call them.

Acquitted of the murder, of the manslaughter, Self-defence .

561. (M.) Thomas Lewis was indicted for stealing thirty pounds weight of brass, value 10 s. the property of John Bristow , September 13 . +

John Bristow . I am an engine-maker , and the prisoner is a sawyer , who sawed in my yard in Ratcliff high-way . I lost about thirty pounds weight of brass, which was found in his possession.

Joseph Brewin . The prisoner's wife brought and sold eleven pounds weight of brass to our house. She had brought seven pounds the day before. I was told of it. I looked at it, and suspected it not honestly come by. She was to come about seven o'clock with more: when she came, I asked her how she came by it; she said her husband sent her with it. I sent for an officer. Then I asked her if I should send for her husband; she said no, but if I went to Jewin-street, and asked for one Thomas Lewis , it would do as well. I went and found him; he said he was her husband. He asked me what right I had to stop his wife; we said we had a suspicion the metal was stolen. He said it was his property. We delivered him to the charge of the officer of the night. The next day we went before the siting alderman; there he said he was going to market, to buy provision for his family, and a man stopped him to buy it or lend him money upon it, but he did not know the man: he said he lent three shillings upon it. I was informed the metal was the property of Mr. Bristow. I carried it there, and he owned it. (Produced in court, and deposed to by the prosecutor.)

Prisoner's Defence.

My family being ill of the small-pox, my wife told me a man brought the brass to her, and I was to lend him three shillings upon it; and my children being ill of the small-pox, she went and sold it.

Guilty . B .

562. (L.) John Cave was indicted for stealing a muslin handkerchief, value 10 d. the property of Annesley Brown , October 6 . +

Annesley Brown. Last Friday was se'nnight I was in Guildhall , between eleven and twelve o'clock. Mr. Smith touched me on the shoulder and said, You have lost something. I put my hand in my pocket, and said I missed my handkerchief. He said that man (meaning the prisoner) has got it. He was laid hold of, and I saw it taken out of his breeches. There were three other handkerchiefs found upon him.

John Smith . I was standing behind the prisoner, and saw him make attempts to pick a man's pocket. The man had a button at his pocket, and he felt him. The man came back a little, and said, I believe that fellow tried to pick my pocket. I said I thought so too. Said he, Let us look at him. We did, and in about four or five minutes I saw him put his hand into this gentleman's pocket, and take out something. I saw but a bit of it. He put it into his breeches. Then I asked the gentleman, if he had lost any thing. We secured the prisoner. I told the gentleman, If he has your handkerchief, he has it in his breeches. There we found it. (Produced, and deposed to.)

Prisoner's Defence.

I took the handkerchief off the ground, and put it in my shirt bosom. I belong to the guards.

Guilty . T .

563. (L.) John Robinson was indicted for stealing a linen handkerchief, value 10 d. the property of a person unknown, September 30 . ++

Acquitted .

564. (L.) Martin Kelly was indicted for stealing seven pounds weight of sugar, value 2 s. the property of a person unknown, September 30 . ++

Acquitted .

565. (L.) Charles M'Donald was indicted for stealing four silver watches, value 8 l. and a skele on watch, in a silver case, value 5 l. the property of John Perry , in the dwelling-house of the said John , September 16 . ++

John Perry . I am a silversmith and jeweller . I live in Holborn, near Leather-lane . I was up stairs, going to supper, when my servant-maid alarmed me. On the 16th of September, a little after nine in the evening, she had first shut in the shop, and was shutting the door, when she screamed out thieves! Mrs. Perry being nearer the stairs than I she went down. I went down when the people were gone from about the door. I saw my show-glass was broke, and five of my watches were taken away, all silver. One of them was a new skeleton one, which opens at the back, and shows all the work. I never recovered any of them again. The prisoner was taken, and brought in: his hand was cut and very bloody, done, I suppose, by breaking the glass. I had been gone out of the shop about ten minutes, the watches were there when I left it.

Grace Hutchinson . I am servant to Mr. Perry. I had just put the shutter on the door, and shut it, when a man pushed the door open, and asked me if my master was at home. I said he was. He came in, and another came in sideways. The first that came in said, I need not call my master. He held a pistol to me, and bid me not to speak a word. The other kept his face towards the show-glass. When my mistress came down, the man left me, and went and held the pistol to her. The other man smashed the glass, and they soon made their escape out of the shop. As soon as I recovered myself, I went up stairs. I should know the first that came in, could I see him; but the other kept his back towards me all the time. By the prisoner's dress, and his size, he resembles that man. They had both blue coats on. The prisoner was brought into the shop in less than three minutes, I believe. He kept his hands in his bosom all the time he was in the shop, which was the best part of an hour.

Thomas Clark . I live next door to Mr. Perry. The-clock had just gone nine. I was standing at the door, and saw the prisoner and another man loitering about our window-shutters. I saw the other man go into the prosecutor's shop, and the prisoner follow him. In a minute or two I heard a glass smash, and heard the cry, Stop thieves and robbers! by Mrs. Perry and her servant. I saw the two men run out: the prisoner was the last. One ran down Holborn, and the prisoner ran down Leather-lane. I pursued him. He was not got above thirty yards from Mr. Perry's shop, before I laid hold of him: he was never out of my sight. The street at that time was very clear. He was running as hard as he could. When I laid hold of him, he struggled several times to get away, till assistance came up. I am sure he is the man that I saw at our door, and went in last, and out last, at Mr. Perry's door.

John Green. I am constable. I saw this young man bringing the prisoner back again. He said, Green, you must take charge of this man. I took him into Mr. Perry's house. The mob was so very great, I could not examine him there, so I took him into my own room, which is just by. I found nothing upon him. I observed from two or three of his fingers the blood run down. I said, If you are innocent of this affair, how came your fingers cut? He said the man took hold of him, ran him up against the wall, and rubbed the skin off. I looked at them. There were four, five, or six different places, all fresh done. It was his right hand. Here is a pistol, (produced in court) which was found loaded about four yards from the place where he was taken.

James Ealey . I live close by the prosecutor, and having heard there was a pistol presented to the girl, I asked the young man that took the prisoner, where was the place he took him; he went and shewed me, and about a yard or two from the place, where he shewed me, I picked up this pistol. It lay up against a dead wall.

Clark. It was found within two or three yards from where I took the prisoner.

Prosecutor. The watches did not hang above four inches from each other. The show-glass was locked: I had the key in my pocket. The glass was broke in a thousand pieces.

Q. Is your shop part of your dwelling-house?

Perry. It is.

Prisoner's Defence.

When I was before my Lord Mayor, I asked this young man whether I made any resistance; he said I did not. I was taken into the house and searched, but nothing was found upon me. Then I was taken into a public-house, and in about half an hour a man brought in a pistol. I am a waiter , and lived at the Union coffee-house and tavern, Piccadilly. I was coming from an acquaintance, and going along I observed a crowd about the door: they called, Stop thief! I turned round, and was immediately seized by the collar. I asked what he accused me with. He told me for robbing the shop. Then I went back with him.

Acquitted .

566. (M.) John Bird was indicted for stealing a linen bed-gown, value 6 d. a silk sack and petticoat, value 20 s. a silk night-gown, two callico aprons, value 2 s. one linen towel, value 1 d. two quilted petticoats, one pair of paste shoe-buckles, one pair of paste knee-buckles, and one garnet stone heart , the property of Alexander M'Cloud , March 28 . ++

Daniel Collins was indicted for this fact, (in May session last) together with the prisoner Bird, then not taken, to whose trial the reader is referred. See No. 313.

Acquitted .

567. (M.) Robert Farrel was indicted for stealing two pair of cloth bodies for waistcoats, value 5 s. the property of Patrick Conolly , September 28 . ++

Patrick Conolly . I live in Cross-lane, Holbourn , and am a taylor . The prisoner worked along with me. I lost two pair of forebodies for waistcoats on the 28th of September. I suspected the prisoner. I charged him with taking them: he denied it. I took him before the justice: then he owned he had sold them to Mr. Tuck in White-Hart Yard.

Gidion Tuck. I am a taylor and draper. I bought a pair of forebodies for a waistcoat of a man I never saw before. I saw the prisoner before Sir John Fielding . I cannot swear to him. But he acknowledged he sold them to me. (Produced in court, and deposed to.)

Prisoner's Defence.

The prosecutor knew me twenty years. What I sold this man were my property.

James Camaron . I have known the prisoner six or seven years. I never heard but that he was an honest man.

Guilty 10 d. W .

568. (L.) William Acten , otherwise John Hawkins , was indicted for stealing an iron saw, value 3 s . the property of James Johnson , September 15 . ++

James Johnson . I am a carpenter . I lost a saw from where I was at work in John-street in the Minories . On the 15th of September Mr. David Davison a pawnbroker by London-Wall, stopt it, and advertised it, and I went and owned it. (Produced, and deposed to.)

William Purse . I am servant to Mr. David Davison . The prisoner having brought three saws to our house, I suspected him when he brought this. I stopped that and him.

Prisoner's Defence.

I did not take them myself, one of our trade did, and desired me to go and pawn them.

Guilty 10 d. W .

569. (M.) Hannah, wife of George Knope was indicted for stealing three linen gowns, value 15 s. a silk cloak, value 7 s. a silk hat, value 2 s. a linen handkerchief, value 3 d. and a silk and cotton handkerchief, value 6 d. the property of Alice Pearce , widow , September 19 . +

Alice Pearce . I live in Wheeler-street, Spitalfields . I lost the things in the indictment ( meaning them) on the 19th of September, out of a press in the prisoner's chamber. She was my servant . She and they were missing together. She was taken a few days after I went to her in Tothillfields Bridewell; she told me if I would come the Tuesday following. she would tell me where my things were: but she never let me know.

William Lyn . I am brother to the prosecutrix. I got intelligence of the prisoner at the sutling houses in the Savoy. I saw the glympse of her red cloak. There were three soldiers hid her. I went to Sir John Fielding , got a warrant, and took her in Cross-street. The Saturday following I heard her declare she would tell where the things were; but she never did.

Allen M'Parson. I belong to the guards. The prisoner took a boat and asked me to go with her to Greenwich. I went with her, and when I came back, she lent me this handkerchief. This was on the Thursday after she left her mistress. ( The handkerchief produced, and deposed to by the prosecutrix, as one that was missing with the other things.)

Prisoner's Defence.

My mistress came to me in Bridewell, and gave me money to make it up. I had this handkerchief in my pocket. and did not know of it: and this soldier twisted it out of my hand.

Guilty . T .

570. (M.) John Cook was indicted for making an assault on Francis Burgoine , in a certain foot path near the king's high-way, and taking from his person four marine bed-curtains, a head cloth, tester and vallance, unmade, and two table-cloths, value 5 s. the property of John Webb , October 14 . +

Francis Burgoine . Last Saturday night, about eight o'clock, I was knocked down in Hemlock-court . I had the things mentioned in the indictment in my hand. I er the bundlerfall. The prisoner came from behind me, and took the bundle up and ran away with it. I believe it was him that knocked me down, but being behind me, I could not see him. I called Stop thief! and he was brought back.

John Webb . I live in Shire-lane, Temple-Bar. I am the owner of the goods. I sent Burgoine to the Calender to fetch them home.

John Ward . I was coming out of a public-house, when this boy was crying a man had stole his bundle. I saw the prisoner before me with a bundle under his arm. I ran to him and asked him where he was going with that bundle; he said it was only a joak. I said, Joak or no joak, you shall carry it back. I brought him back to the boy. There was a crowd came about; then I left him. The boy said before the justice the prisoner was the person that knocked him down.

Q. to Burgoine. Did you know the prisoner before?

Burgoine. No, I did not.

Albert Angell . I had been at the Crooked Billet, in Little Shire-lane. Somebody said, Pray gentlemen come out, a boy has been robbed. I went out and saw the boy standing. The prisoner was brought back. He took and laid the bundle on the boy's head, and said, Come along, come along, I know Mr. Webb very well. I took him by the collar and said, I know Mr. Webb, I'll carry you to him. I took him to his house, and he was not at home. The boy said before the justice he received a violent blow on the side, and he threw the bundle down, and had not power to take it up; and that he believed the prisoner was the person that hit him.

Prisoner's Defence.

I was going through the court; this bundle was lying in the high way: I took it up, and had been some time away. A gentleman came out of a public-house, and said a lad had lost a bundle. I sad, I did not know whether it was his or no. I went and gave it him. He said he had been struck. He said it might be by me; he did not know who it was.

Prosecutor. The boy swore punctually no body followed him up the court but the prisoner, and that it was him that knocked him down.

Guilty of stealing only . T .

571. (M.) George Wale was indicted for stealing a silver watch, value 20 s. a steel chain, value 6 d. and a stone seal, set in silver, value 2 s. the property of John Jones , September 14 . ++

Ambrose Tarrat . I live in Marybone, and am a lamp-lighter. On the 14th of last Month, between one and two in the day, I heard the cry of Stop thief! and saw a mob running. There was Mrs. Jones pursuing the prisoner. A gentleman catched the prisoner by the collar and held him. He was brought to Mr. Jones's house. I saw the prisoner take this watch out of his right-hand pocket and put it behind the door in a chair. (Produced in court.)

John Jones . This is my watch. I was at work at the time when this happened: I did not know of it till the Saturday night. My wife, that could have given an account how the boy took it from where it hung, was here last night, and after she got home she miscarried, so she cannot attend.

Prisoner's Defence.

I never had the watch, nor never saw it.

Guilty . T .

572. (M.) John Downs was indicted for shooting off a gun, loaded with gun-powder and a leaden bullet, at George Newton , in the dwelling-house of Ann Newin , Widow, October 7 .

Acquitted .

573, 574. (M.) JOHN D'OYLE and John Valline were indicted for that they, with force and arms, feloniously did break into the house of Thomas Poor , with intent to cut and destroy a certain quantity of silk manufactory in a loom, and also with intent to cut and destroy a loom, with other tackle used in the weaving trade. It was laid for entering by force, and cutting and destroying a hundred yards of bombazeen, the property of Thomas Horton , in the dwelling house of Thomas Poor , August 7 . *

The witnesses were examined apart.

Thomas Poor . I did live in the parish of Shoreditch , and did keep seven looms of my own in my house. I was obliged to pay six-pence a week to these people the cutters for each loom, that is, three shillings and six-pence a week. I was ordered to send it to the house where they used, by which means I thought myself safe. About the beginning of August, I believe it was between the 7th and 9th, about half an hour after eleven at night, there came a great body of them to the door. I was in my bed. They rapped and tore at my door with a gross voice, You b - h of a w - e! You son of a w - e! Let us in, or we will cut down your door. My wife desired me to lie still, and said they would be more merciful to a woman than a man. She was obliged to open the door in her shift. They came in, and made a great noise. I got up after they got into the shop, and looked out of my chamber and heard the weight stones fall about the house. After they had done there, and was looking out, I saw a great number of them. I saw the two prisoners among them. They came and shook hands with my wife. I knew them before. The shop is thirty-six feet long. I saw them by the light of the window. I had no candle. That they would have put out first, if I had had one.

Q. What had they in their hands?

Poor. I saw nothing in their hands. When they went away, after they got down into the alley, they said, Are you all out? Then they fired a shot, and quitted the place. Then I struck a light and went into the shop. They had cut the cane. There was a piece of silk in the loom, they cut it, and cut the rest of the things; and bent the reed double, and twisted it like a worm. They destroyed the silk, and the tackling of the loom. I have gone to the committee at the Duke of Northumberland's Head where they held it. I did not see the prisoners there before. I have seen them at the committee since. I have been there three or four times, begging my life of them.

Q. Can you fix upon any time when you went?

Poor. No, I cannot. They came a second time, on the last day of August, and cut all my goods again.

Q. Were the prisoners among them?

Poor. I cannot tell whether they were or not. I was not at home then.

Q. Did you at any time see any of the prisoners?

Poor. I never was among them since the last day of August. I saw the two prisoners once in the committee house. When I went to beg my life, they would say, You dog, you scoundrel. These were in the tap-room, not in the committee-room.

Q. Did you ever speak to the prisoners about the mischief done you?

Poor. No, I never did. One night Valline was at the Pewter-platter, (that was after we were cut) and he desired to have the money given to him. I used to carry my money at six-pence a week, and I continued to pay it after I was cut. I said to Valline, You shall not have a penny of it. He offered to give me a receipt for it. After this mischief was done, we continued to dwell in the house by day, but very little by night.

Q. What silk did they cut?

Poor. It was a bombazeen cane.

Q. What do you mean by a cane?

Poor. That is a piece. A cane is the silk, put in the reed to work. There was about a yard of it made, which was all cut.

Q. What do you mean by weight stones?

Poor. They are to keep it tight. The reed is all steel. They cut that.

Q. Whose property were the looms?

Poor. They were my property. The silk was the property of Mr. Horton.

Q. Had they your consent to destroy the looms?

Poor. They had not. I knew nothing of their coming: I was in bed.

Cross-Examination.

Q. What time of the night was this injury done?

Poor. I think it was about half an hour after eleven.

Q. How many of them came in?

Poor. There were I believe five or six of them. They went out one after another. I was in a great flurry, to be sure.

Q. Were any of them masked?

Poor. No, none, as I saw. I know the whole of the other people very well. I know their names. If they were to alter their voice, I should know them by their voice. I have known them these four years. We were forced to give money to them, in regard to the Defiance, as they called themselves.

Q. Did you see neither of the prisoners up in the committee-room?

Poor. No.

Q. When did you make information in regard to these people?

Poor. Three weeks ago.

Q. How came you not to make it sooner?

Poor. If I had, I should have been in danger of being shot like a dog in the street.

Mary Poor . I am wife to Thomas Poor . In the month of August, I cannot tell the day of the month; I remember the night very well; I live up in a long alley; we were between sleeping and waking, and my husband said, Here are the cutters. I said, Make your self easy. I was told they would not meddle with me, and they might hurt him. They came to the door and cut at it with their swords, or what they had in their hands. They were cutting and hacking. I got up, and said, Gentlemen, don't cut the door; let me put my petticoat on, and I'll let you in. They still kept cutting. I went and opened the door. The first man that entered my door was John D'Oyle , with a pistol in one hand, and a sword in the other. There were seven of them came in. I pushed the sword from my stomach, that D'Oyle held. The other went up to the room. They said, Get out, you old w - e; get out of the shop. I said, You know I know you all very well, I will not go out. I was in my shift all the time. Valline cut the work, the property of Mr. Horton; and D'Oyle had a pistol standing along side me at the time. D'Oyle was a neighbour of mine; he lived within three doors of me. I said to Valline, You are known in this alley, why do you come here? I am sure they were there, as I am sure I am alive. Valline came into my own bed-chamber, and shook hands with me. He asked for Mr. Horton's shoot. I said I had none (this was at their first coming). They said I lied, like an old w - e.

Q. What is the shoot?

M. Poor. That is the bombazeen; what they put in the shuttle. I was obliged to comply. I would have taken my shift off and given it them, if that would appease them.

William Poor . I am son to Thomas Poor . I live with my father, and lie in the shop. There were seven looms in the shop. One night, about the beginning of August, (we hear since it was the 9th) I was in bed when they came into the shop: there came John D'Oyle , John Valline , and four more. John Valline was the man that cut down the work, and John D'Oyle had a sword and a pistol in his hands: he held them to my mother's breast. One of the men went to the loom my father works in, and asked whose work that was. I said, Do not cut that, it is Mr. Campion's. It was bombazeen. They destroyed the tackling and work.

Q. How long have you known the prisoners?

Poor. I have known them three or four years.

Q. Did you see them afterwards?

Poor. I saw them the next day, and after that I and some constables went and took Valline at Highgate; (he is a militia man,) he had soldiers clothes on. I knew him then, though in a different dress, and told the constables that he was the man. They came again the last of August, at night. I saw John D'Oyle among them. I cannot say I saw Valline. They then destroyed all the utensils, and all the household goods and shuttles. One of them was going to cut me, but I cried out for mercy. My father and mother were not at home then. There was John Davis then lying in the bed with me.

Cross-Examination.

Q. Was John Davis in bed with you the 9th of August?

Poor. No, he was not.

D'Oyle's defence.

This woman knew me, and had seen me often the very afternoon before I was taken. I met that wicked woman, and a man stopped me to tell me she had served a warrant upon a relation or friend of her's. I then did say a b - h of a w - e. She heard me. She began to call us a parcel of thieves, robbers, and cutters. I took a warrant for her, and had her before the justice. She wanted a warrant against me, but the justice would not grant one. I never was in her house before I was taken up, neither was I there with this man that night, (meaning Valline). He was a tenant of mine. I am in the whole silk way. I had worked for no body for four weeks. When the justice committed me, he said he believed she was a bad woman, for he had her here too often. If I was to be out of wor twelve months, I could live by my wife's business. She is a hair-sieve-maker.

Valline's defence.

Poor said I offered to give him a receipt at the Pewter-Platter for the money, and I can neither write nor read. She has said I got three or four guineas, by cutting. If that was true, I never should have gone for a militia man. I entered the 14th of April last. I can give an account how I get my living. I worked for Mr. Ham. I got between fifteen and sixteen shillings a week. The militia were drawn out the 19th of September last. I have had thirty-eight shillings and six-pence of my sister since I have been out of work.

For the Prisoners.

Thomas Riley . I was in bed at Mr. Poor's shop, where the looms are, on the 8th of August. I heard people come in. I did not see them. I covered myself up with the bed-clothes, fearing they would do me an injury. In about a quarter of an hour after they were gone, I saw it was impossible for me or any body else to distinguish any man, it was so dark.

Q. Had you been asleep?

Riley. No, I had not.

Counsel. Mr. Poor said he could distinguish them from his room door.

Riley. I could not do it that was in the shop. In the shop there is a window five yards long.

Cross-Examination.

Q. How long have you known the two prisoners?

Riley. I have seen both the gentlemen, but my acquaintance with them is but slender. I have known Valline about four months. I have not been much longer from Ireland.

Q. Why could you not perceive them?

Riley. Because I did not make it my business.

Q. Did you hear stones fall from the looms?

Riley. Upon my word I do not remember any thing in particular. There were a great many bricks made use of instead of stones.

Q. Did you hear Mrs. Poor's voice?

Riley. I know it extraordinary well. I heard it that night before she came out of her own room, and I heard her when in the shop. She was close to my bed.

Q. What did you hear her say that night?

Riley. She said, Wait a little, and you shall have admittance; so she got up in her shift, and opened the door, and they came in. They asked if there was any work of Mr. Horton's in the house; she said there is one loom, which was just at the door they came in at. They went to the other side, and stood by another loom and asked whose work that was; she replied it was Thompson's. Then they said they would cut none of Thompson's work that night. A man then past me, and went to a loom where her husband worked, and said, Whose work is this? The woman was storied: I suppose she wanted to say some other master; but the little boy being rather wittier than she, said it was Champion's. They said they would cut none of Champion's work that night

Q. Did you hear her desire mercy?

Riley. I heard her say a great many things, which I cannot recollect. I am lately come out of a fit of illness, and am deprived of a great part of my memory.

Q. Did you hear her say anything about putting in her petticoat?

Riley. I do not recollect it. I am sure and certain she did not call any body there by the name of D'Oyle, she mentioned the name of a man that put his arm round her, and wanted a kiss.

Q. Did not you hear D'Oyle's voice?

Riley. I do not know the voice of D'Oyle. I believe I could distinguish Valline's voice in company. I could not distinguish any body's voice that night, upon the virtue of my oath. I had no suspicion of either of the prisoners?

Q. Did you see D'Oyle before this happened?

Riley. I did.

Q. Was you at any of the committees at the Duk of Northumberland's Head?

Riley. I have no connections with them. I never heard Mrs. Poor mention D'Oyle's name, either before or after. The work that was cut was M. Horton's.

Q. Did you know any that were there?

Riley. Upon the virtue of my oath, I know none of them.

Q. Did you ever hear Mrs. Poor mention Valline's name?

Riley. I have heard her say that gentleman did belong to them, but not that he cut the work in her apartment.

Q. What did she mean by belonging to them?

Riley. She might mean that he transacted in both businesses, that is, cutting, and the committee also.

Dennis Donavan . I have heard Mrs. Poor talk of this transaction. I heard her say she knew the men in particular, but did not hear her say who they were. I never heard her mention the name D'Oyle. She said there were some of her friends there, and no body there that would hurt her.

Cross-Examination.

Q. Where do you live?

Donavan. I lodge in Poor's house. This thing was transacted on the 8th of August, and she remained in her house till the 31st, when she told me in the afternoon she was going to Limehouse, and would leave the journeymen to take care of the house. Some people came and broke some chairs and things in the house that night.

Q. Was you in the house when they came?

Donavan. No, I was not.

John Porter . Valline served his time to me; he behaved middling. He used to work very hard while with me. He has left me about four years.

Q. Did you attend this committee?

Potter. No. I never did.

Thomas Foot . I have known Valline almost twelve months. He has a very good character.

Q. Who did he work with last summer?

Foot. I cannot tell. The time he worked with me, he had his goods cut and destroyed; but I was in bed and asleep. That was the 28th of June was twelvemonths.

Mary Barnet Valline is my brother. He is a weaver, a hard-working man, and has a good character.

James Martin . I have known Valline eight or nine months. When he had work, he used to work. He has a good character.

Grace Curtain . At the time Mrs. Poor and her husband were at Limehouse, she said if her goods were broke, she would have life. She said my goods were broke, and desired me to come home and swear as well as herself; but when I came home, my goods were not broke.

Q. How came you to go to Limehouse?

G. Curtain. She persuaded me to go. I have known Valline about five years, I never knew any ill of him. As for D'Oyle, I never saw him but three or four times.

John Davis . I cannot say I knew either of the prisoners. The night Mr. Poor's things were broke, the 31st of August, I was asleep in bed with the son. I heard a great noise, I covered up my head, and never saw any body.

For the Prosecution.

Peter Traquan . I am a weaver, and live in Crispin-street, Spitalfields.

Q. What are the characters of the prisoners at the bar?

Traquan. I have heard D'Oyle was one of the cutters. I never heard that he was a working, industrious man. As to Valline, he is certainly riotous.

Mr. Dumoissur. I know Valline. His general character is that of a rioter.

John Chavuet . I know Valline. He is of a riotous disposition.

Both guilty . Death .

575. (M.) Christopher Lewis was indicted for stealing a pair of sheets, value 10 s. a blanket, value 6 d. a rug, value 6 d. and a bed curtain, value 1 s. the property of William Hunt , in a certain lodging room lett by contract , &c. September 26 . *

William Hunt . I live facing Southampton-street, in Holborn . I let the prisoner a ready-furnished lodging in my fore-garret. My wife told me I was robbed of things in the prisoner's room. I went and looked, and missed the things mentioned in the indictment. I went to the pawnbroker, where I understood he used, and found some of the things. When the prisoner came home, I took him up: he acknowledged he pawned the sheets for 8 s. and that he sold the bed curtains out-right; and that he had pawned the blanket and rug.

John Brooks , a pawnbroker's servant, produced the blanket, rug, and curtain, pawned by the prisoner, which Ann Hunt , wife to the prosecutor, deposed to.

Prisoner's Defence.

I was going into business, and the next week I should have taken them all out of pawn again.

Guilty . T .

576.(L.) Francis Phinnick was indicted for stealing a pair of leather shoes, value 3 s. the property of Thomas Wooley , Oct. 16 . ++

Thomas Wooley . I live in Fox-court, Brook-street, and am a shoemaker . On Monday evening I was coming down Fleet-street , when a woman was in fits at the door of Mr. Parker's. I stopped to look among other people, and in the mean time I felt something at my pocket. I turned round, and saw the prisoner with a pair of shoes in his hand, which I had in my pocket just before. I seized him; he made an attempt to get away; I took him down to a fishmonger's shop, and a constable came and took him down to Bridewell.

James Andrews . I was coming down Fleet-street, and saw the prosecutor have the prisoner by the collar. I took him in charge. (The shoes produced, and deposed to.)

Prisoner's Defence.

I was going along, and saw a pair of shoes on the ground. I took them up. I live at the back of St. Clement's, at Mr. Watson's.

Guilty . T .

577, 578, 579, 580. (M.) John Bagnell , Peter Graham , John Wood , and Shepherd Struton , were indicted for breaking and entering the dwelling house of John Cockran , with intent the goods of the said John to steal , September 15 . +

At the request of the prisoners the evidences were examined apart.

John Cockran . I live at the corner of Wells-street, Oxford-road . On the 15th of September, about three in the morning, the watchman called me up, and said there were thieves breaking into my house. I came down with a poker in my hand. I found the sash wide open, but cannot tell whether it was fast over night, tho' I am positive sure the door was shut when we went to bed. I stood sentinel till he got assistance. After the prisoners were secured, I went down into the area. I found they had forced the sash of the door in the wash-house that looks into the area. I found a two-inch chissel lying about three feet within the wash-house. I went round to the fore-part of the area, and there I found the hinges of the outside shutter wrenched off, but the window-shutter on the inside they had not got open.

William Vaughan . I am a watchman. I was going my rounds, about a quarter after two that night, and saw a fire. I went to alarm the turncock. I also saw these four men that are at the bar. I past them, and went up Wells-street. I saw them all look at me. I then went to my watch-box. After that I went again, to see if I could see them. I perceived two of them. I laid my head down against the kerb of some rails, and saw two go down the prosecutor's area. I saw Wood, but not down, for he seeing me when I was coming, he went round, and returned back again. I went, and took hold of him. He asked me what I wanted with him. He said he was going to see the fire. I asked him where his companions were. I brought him towards Mr. Cockran's, and there came Peter Asten to my assistance. I gave Wood into his charge, while I went for other assistance. But I was afraid he would get away, for then the rest might get away also. Then I went back, and put him down among the rest in the area. I then went and rung my rattle, and more assistance came. Then I alarmed with my staff at Mr. Cockran's window-shutters, he came down, and we took the four prisoners, one at a time, as they came up. I saw none of them any farther than the area. There was a window I found open, which was not open when the servants went to bed. We could see fresh feet marks in the wash-house, but know not by whom made, and there was a door betwixt the wash-house and the house, so that they could get no farther; then they made to the right side of the house, and had drawn out the nails of the hinges of the shutter.

Q. from a prisoner. How much money has Mr. Cockran given you to swear our lives away?

Vaughan. He gave me nothing at all for that; for my care he gave me 2 s. that night, and has given me a guinea since.

Mr. Cockran. I have got two or three more guineas for him, and he shall have them for his diligence.

As there was no proof of their entering, they were all three acquitted .

See three of them tried, and the fourth, Graham, an evidence against them, No. 486, 487, 488, in last session paper.

581, 582, 583. (M.) George Crowder , William Clark , and John Simmonds , were indicted for breaking and entering the dwelling-house of John Risbrough , on the 31st of August , about the hour of three in the night, and stealing four linen shifts, value 10 s. two muslin aprons, two pair of muslin ruffles, and one black silk handkerchief, the property of Elizabeth Risbrough , spinster , in the dwelling-house of the said John . *

John Risbrough . I am a victualler . I live at Hoxton . Between the 31st of August, and the first of September, my house was broke open. The window-shutter was forced on the outside, and the sash-window was open. We went to bed between nine and ten that night. That part that was broke open, I generally fasten as soon as it is dark. The goods taken away were the property of my daughter. We got a search-warrant from my lord mayor, and part of the things were found again in Chick-lane and Field-lane.

Elizabeth Risbrough . I am daughter to John Risbrough . On the first of September, in the morning, we went into the parlour about nine, and found the sash up. I mist some ruffles, four shifts, three or four aprons, and some sleeves, more than I have found again. The prisoners were taken in another robbery, about a fortnight after, and we found some of the things again in Chick-lane and Field-lane. I know nothing against the prisoner, any further than what the evidence, Ashbeshaw, has said.

Sarah Ashbeshaw . I keep a lodging-house in Rosemary-lane. The three prisoners came and knocked at my door on the first of September, about three in the morning. They said they had a parcel of things. At that time I did not know how they came by them. They sold them to me. I buy and sell old clothes; there were muslin aprons, handkerchiefs, caps, shifts, and shift sleeves. I sold some to Mrs. Carpenter in Field-lane. (A cap, a worked apron, a plain muslin apron, four shifts, a white sarcenet handkerchief, a gawse-handkerchief and ruffles, two pair of shift sleeves, a parcel of shift sleeves rough dried, and a worked handkerchief, produced in court, and deposed to by Elizabeth Risbrough :) I also sold some in Chick-lane, to a woman that keeps a clothes-shop. I heard Crowder and Simmonds afterward say they broke the house of Mr. Risbrough in the night, and took the things. I was taken into custody. Then I gave evidence before Sir John Fielding , on the things being found, upon searching.

Alice Conningham . I saw the last witness give the three prisoners 30 s. for the things, and they gave her a shilling back again. I lodge in her house.

Q. Did you hear them say how they came by them?

A. Conningham. No, I did not.

Richard Smith . I was coming by Whitechapel when Crowder was in the watch-house. I asked him how he came there; he said he did not fear, for he should be made an evidence of. He desired me to take Clark: then he directed me to the other, and said I should find him upon Salt- Peter Bank , with a silver laced hat on. Going along, I found Ashbeshaw with a hat pinned under her apron. I asked her where she had it, she said she bought it of a sailor. When I took Clark, he said it was not him that took the things, it was Simmonds the sailor. There was a warrant granted to search the house of Carpenter, and another woman's, at the corner of Chick-lane. I found some of these things at one house, and some at the other.

Crowder's Defence.

I never saw the woman Ashbeshaw, nor the last evidence, in my life, till I saw them before Sir John Fielding . I have not been long come from Greenland.

Clark's Defence.

I never saw this woman before with my eyes. I have not been long from sea. I lodge in Bell-alley.

Simmond's Defence.

I have not been long from sea. I lodge at my father's in Peter-street.

George Brown , who had known Crowder from his birth, but had not heard of him from the time he went to sea, which was a year ago, till the day before he was tried.

Elizabeth Hottoway , who had known Clark twelve years, Ann Darby six or seven, Ann Harding twelve, and Samuel Woodward four years; all said they never heard any ill of him, and that he was about fourteen or fifteen years of age.

All three guilty . Death .

There were two other indictments against Crowder and Simmonds for a burglary.

584. (M.) Martha Darlow , spinster , otherwise Martha Tomlin , widow , was indicted for stealing three linen aprons, value 18 d. one dimitty waistcoat, value 12 d. three linen handkerchiefs, value 6 d. a woman's silk gown, a linen gown, three pair of stockings, four silver table-spoons, six silver tea-spoons, and two linen shirts , the property of Thomas Andrews , October 9 . *

Thomas Andrews . I am an apothecary , and live at Charing-Cross . The prisoner was my servant . She lived with me a fortnight. Last Tuesday se'nnight she got up about a quarter after six, and after she had been up three quarters of an hour we mist her. There were two shirts of mine, and other things, missing. I went to the people where she lived before; she came to me from Windmill-street; and the woman there said she lived with her but three weeks, and had taken things there. Her husband, when he came, could give us no information of her. I came home, and found there were were four table-spoons and some tea-spoons missing, I had information she might be at Hammersmith, with a man that went for her husband. I went there, but heard nothing of her; but coming home, I met her between Kensington and Knightsbridge with two bundles under her arm, and one of the gowns on her back. I got assistance, and took her to the Brown Cow , a public house. I brought her to town. I think she had three pair of my silk stockings in a handkerchief. A green silk gown, and another gown of my sister's, I found upon a duplicate of a pawnbroker, where she had pawned the spoons. (Most of the things produced and deposed to. The pawnbroker was in court, but it not bring laid capital, he was not called.)

Prisoner's Defence.

I cannot tell how I came by the things. I intended to carry them back again.

Guilty . T .

585. (M.) Joseph Johnson was indicted for stealing a silver watch, value 3 l. the property of James Bowrey , privately from the person of the said James , September 20 . +

James Bowrey . I was on Westminster-Bridge the 20th of last month. Mr. Ferguson was with me. An acquaintance of mine met us, and took us to the Blue Boar's Head, King-street, Westminster. There was the prisoner, two serjeants, and two other soldiers. We joined company, and had four or five pots of bear. We came out, and went to go to a tavern over the bridge. I sat down on the bridge. Johnson came up, and stood before me. Ferguson was with me. Johnson snatched my watch out of my fob, and away he ran. I ran after him, but lost sight of him; Ferguson and I went after him, and found him at the Blue Boar's Head. He was taken to the Round-House: he denied being on Westminster-Bridge. I was sober.

Thomas Ferguson . I saw the prisoner with the prosecutor on Westminster-Bridge, and saw him run away. The prosecutor ran after him, but he falling down, came back again, and said the prisoner had got his watch. I asked the prisoner, when he had denied taking the watch, why he ran. He said he ran to go to his serjeant.

Prisoner's Defence.

He said he had lost his watch on London-Bridge, when he was asleep, then he said Westminster-Bridge. I was taken up and acquitted of it. Then they came and took me up again.

Ferguson. After he was acquitted, the captain was to see him forth coming, if any thing appeared farther against him. After that the captain said he believed he was guilty, and he was taken up again.

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

585. (M.) Jane Davis was indicted for stealing a small looking-glass, value 12 d. a pair of stays, value 5 s. a woman's linen gown, value 2 s. 6 d. a silk gown, value 5 s. a dimitty petticoat, value 12 d. a linen apron, value 2 s. a handkerchief, two shifts, two linen caps, two pair of thread stockings, a pair of pockets, a pair of leather mittins, two silver rims for buckles, a check linen apron, and a pair of damask shoes , the property of Ann Hunt , widow , September 16 . ++

Ann Hunt . I live in King-street, Westminster . The prisoner lodged with me five weeks. She left me the 12th of September. I had given her warning to go away, and I mist the things laid in the indictment, the Saturday after she was gone, out of my drawers; some in one room, and some in another. I went and found her in Swallow-street, at Mrs. Barber's. There I found all my things in a box in her room.

Hannah Barber , Robert Twitcher , and Mrs. Haylock, deposed to seeing the goods found. (Produced, and deposed to.)

Guilty . T .

586. (M.) William Troy was indicted for robbing Henry Tomlinson , in a certain field near the king's high-way, of a silver watch, and steel chain, a quarter guinea, and 18 d. in money numbered, the property of the said Henry, against his will , September 18 . ++

Henry Tomlinson . I am coachman to Mr. Russel in Crutchet Friars. His country house is at Hackney. I was returning on the 18th of last month from town on foot. Shoreditch clock struck eight as I past it. I left the road facing the Nag's Head, and went over the field. The moon shone that night exceeding bright. I was upon a full run, when I was met by the prisoner in London-fields , who clapped hold of my collar, and put a pistol to my breast, and said I must deliver what I had, or I was a dead man. There was another man in company with him; he had a piece of black silk, or crape, over his face. I delivered to the prisoner eighteen-pence. I told him I was but a servant, and had not a great deal of money. The other man discovered my watch; he said I had a watch. The prisoner took it out of my pocket. I held up my waistcoat, to give him room to get it out, as there was a button to my breeches. He said if I made any resistance, he would blow my brains out. He took also a five-and-three-penny piece from me. When they left me, I believe I gave notice to about a dozen of the patrol upon the road of them. I got home about nine o'clock. I went next day to Sir John Fielding , and had my watch advertised. The Saturday following the prisoner was taken. I saw him in a room at the Brown Bear , among I between thirty people. I was asked if I knew any body there. I pitched on the prisoner, and said he was the man that robbed me. I swore to him. He said he was in bed at the time, and sent for a woman to prove it. She declared the contrary. Then the justice committed him for further examination. I was there again on the Wednesday. Then he said he was in company with some soldiers. The soldiers were sent for, but could not be found. Sir John Fielding ordered me to attend on the Friday, on a third examination: the soldiers were not then found, and whether they were found or not, I never heard. Then I was bound over to prosecute. I never got my watch again. As the other man was disguised, I kept my eyes full upon the prisoner, and I described him so clear; a brown coat, a hat cocked, white stockings, yellow buckles, and his shoes buckled pretty high up; a tall man, and stoops in his shoulders; Sir John Fielding said he knew him.

William Jones . I was sent to take the prisoner for another offence; but as that prosecutor did not appear, and looking in the examination book, we found the prisoner described by this prosecutor, he was sent for to the Brown Bear . There were twenty or thirty people together in the room, but he pointed to the prisoner, and said, That is the man that robbed me.

Prisoner's Defence.

I am as innocent as a child unborn. The justice asked me where I lay that night, I said in Jackson's Alley. The maid was sent for, and she took her oath that I did lie there that night, and was in bed by ten o'clock.

Court. Then you have that evidence here now?

Prisoner. She is not here.

Guilty . Death .

See him an evidence last session against Godwin, capitally convicted.

587, 588, 589. (M.) Peter Perrin , John Read , and Cornelius Cavalier , were indicted for feloniously breaking and entering by force the dwelling-house of John Clare , with intent to destroy four certain instruments called looms, and other instruments and tackle, made use of in making velvets, silks, &c. There was also another count for destroying four looms, January 4, 1768 . ++

Robert Cross . I am a fancy weaver. The house of Mr. Clare is at Stepney . He is also a fancy weaver . I went with the three prisoners to his house last Christmas was twelve months, about ten at night. They came to me; the gentleman's daughter where I lodge let them in; and they demanded me to open my door. I told them I would not. They then began to swear, and said if I would not, They would break it open. This was Cavalier that blasted and swore he would break it open. They insisted upon my going along with them. I went with them, to a place called Long Alley, to meet Perrin. Then we had a pot or two all together. We staid there about a quarter of an hour; then we went all four to John Clare 's house and knocked at the door. The daughter looked out at the window, and asked who was there; we said, Open the door; come in a minute. She did, and opened the door. We insisted upon knowing where the looms were; she went up and shewed us. We broke them, and destroyed the work in them. There was silk and incle in the looms; three or four looms. Peter Perrin and I broke them; the others were in the house. They might be upon the stairs. It was agreed by the prisoners and myself to cut the looms in that house that night. The looms were in an upper room. Then we came down into a lower room. Cornelius Cavalier had a pistol. It was near morning when we had done. I never saw such a light night in my life; there was so much snow on the ground.

Cross-Examination.

Q. Who knocked at the door?

Cross. I cannot tell.

Q. Who went in first?

Cross. We all rushed in together. We desired the daughter to show us the looms, and she made no resistance. I found the others in the kitchen when I came down; they were destroying the chinia and other things about the room.

Q. What is silk and incle?

Cross. That is trimmings for cardinals. There was incle shot in with the silk. I was taken up on suspicion of cutting another person's work, and then I gave information of this.

Martha Clare . My husband is a weaver; he lives at Darking, but in January, 1768, we lived at Stepney. On the 4th of January we were in bed when the cutters came. I did not get out of my bed. My husband had four looms in the house; the cutters went into the room, and cut the four looms to pieces. I saw two of the men upon the stairs; they spoke to me: he that is called captain came into my bed-chamber, and demanded my money. Perrin came up with them. I saw Cavalier and Read upon the stairs. I knew them before. Read taught my husband and daughter the weaving business. There was no work in any of the looms; after it had been cut out the first time, we used, as soon as a piece was made, to take it out. There was no trimming work in the looms. I do not know but there was trimming work lying in the room. They totally destroyed the four looms.

Cross-Examination.

Q. When did you make information of this?

M. Clare. I did not till the first witness made information of it before Sir John Fielding . It was a moon-shiny morning. I saw Perrin on the stairs. I do not know how many there were. I do not know who the captain was, but they called him captain.

M. Clare the younger. My father is a weaver. I know the prisoners at the bar. In the beginning of January, 1768, about one in the morning, on the 4th, they came to my father's house at Stepney, and knocked at the door; I went out of my bed in my shift and opened the casement, and asked who was there; they asked for Mr. Clare, and told me to come down and open the door, or they would blow my brains out. I said to my mother, There are some cutters come to destroy us again, (my father was in the country.) I told them I would come down, as soon as I had put my clothes on. They said they would fire at the window directly, if I did not come down immediately. I went and opened the door: one of them took hold of my hand, and desired me to lead him to the shop door. I did, and told him there was the shop, and every thing belonging to the weaving trade. I begged of them to spare my life, and my mother and children. They asked where my father was; I said in the country. Perrin knocked at the chamber door; he said, Open the door directly. They wanted a knife. I went down on my knees, and begged my life. They said they did not want my life, they wanted a knife. I said I must go down two pair of stairs for one. They said, if I went directly, I should not be hurt. I went down. The moon shone very bright, and it was a very deep snow. They had no other light with them. I turned round at the door, thinking I should know some of them. I went to the table-drawer, and took out a knife. They snatched it from me. I then asked if I might go up stairs; they said, Not till they pleased. I could not tell what to do. I stood at one corner of the room till they ordered me to go up. It was very cold. I asked them if I might go up to bed; they said, Yes. I saw Perrin and another in the shop, cutting the looms to pieces. Cavalier was below stairs, and who else I do not know. I cannot tell who the other persons were. I went up stairs, and walked about the room. They came up stairs, and knocked at the door again. I asked what they wanted? They said they wanted money. Who that was, I cannot say. They said they must have something to drink. One came into the bed-room, and said, Mrs. Clare, I must have some money to drink your health. My mother said, How can you expect any money, when you distress me in this manner? I said, Mother you have a shilling in your pocket, let me give them that. I gave it into a man's hand. I do not know who he was. I said, Here is all we have in the world, except three farthings. The man said, I am sorry for it, a good morning to you, and down stairs they went. They called when they were out at the window for me to come down, to come and take my father's books and writings that they had thrown into the snow. I said I could come and fetch them when they were gone. They kept making a noise, and staid about an hour; They made me come down. As I came down I saw a man. I called to them to take that man to them. The man that asked for the shilling said, if it was not true, he would blow my brains out. Every thing was broke in the house like an earthen-ware shop. I believe they had a guard at the door at the time. They cut all the four looms, and every thing, all to pieces, and took some things away. There was no silk in the looms, neither were any silk trimmings cut.

Perrin's Defence.

I never went into a house to wrong a man in all my life.

To his character.

Mary Price . Perrin has a very good character, for what I know. He worked with me six months and upwards.

Mary Hare . Perrin was a lodger of mine. He kept good hours, and has a good character, for whatever I heard.

Mr. Garnet. I have known him about seven years. He has a good character.

Edward Lion . I live in Jewin-street. I have known him eight or ten years. He is a hardworking, honest man.

Elizabeth Wight . I have known him between six and seven years. He is an honest, hard-working man.

Perrin guilty . Death .

Read and Cavalier acquitted .

See Perrin tried before, No. 403, in Mr. Alderman Harley's Mayoralty.

They were a second time indicted for stealing and entering by force the dwelling-house of Robert Saunders , and destroying silk manufactures therein .

No evidence was given.

All three acquitted .

590. (L.) Samuel Mitchel was indicted for stealing three shirts, value 15 s. and two pair of cotton stockings, value 2 s. the property of John Barr , September 17 . ++

Elizabeth Barr . I am wife to John Barr . We live at No. 36, in the Little Old-Bailey . On the 17th of last month the prisoner came to my house. I left him in the house alone, while I went to Snow-Hill on an errand. I was absent not a quarter of an hour. When I returned, he met me on the top of the stairs, and said he must go, and away he went. I went to iron three shirts in the morning, and found them gone, and two pair of cotton stockings. The next morning he was taken up, and confessed two of the shirts and one pair of stockings were at his mother's. When I came there, there was only one shirt and one pair of stockings. He had one shirt on when taken. (Two shirts and one pair of stockings produced in court, and deposed to.) He served four years of his time with my husband.

Ann Green. The prisoner gave me one shirt and one pair of stockings out of his pocket in Wood-street Compter.

Prisoner's Defence.

I went there to supper. When she was gone out, being much in liquor, I took a cloth. I did not know what was in it. I went to carry them again on the Monday morning, and they were not up. Then I thought to carry them in the evening, and before that they took me up.

Guilty . T .

See him tried last session, by the name of Mashfield, otherwise Mitchel. No. 534.

591. (L.) Elizabeth Bradshaw , spinster , was indicted for stealing a silk purse, value 2 d. one guinea, one half guinea, and nine shillings, in money numbered , the property of John Lang , October 11 . ++

John Lang . I am a seaman , and live at Whitby in Yorkshire. On Wednesday se'nnight, between seven and eight at night, I was going into a public-house, at the lower end of the Minories , to get a pot of beer with two or three acquaintances. There were the prisoner and another girl sitting. I went out to make water, and they followed me. They had seen me change a guinea in the house. I put my change in my waistcoat pocket. They began to hussel me up, and make love to me, and cuddle me about; in the mean time the girl at the bar picked my money out of my pocket. I saw her as she was taking it away, and felt her hand in my pocket. She got it out. I grappled about her, to see if I could find it. She gave it to the other girl, and she put it in her mouth; but I took and squeezed most of it out again. I got a guinea and nine shillings in silver again. I brought the prisoner into the public-house, and got a constable and secured her.

Q. What money had you?

Lang. I had a guinea and a half, and nine shillings in silver, in a silk purse. I saw the other girl take it out of the purse, and put it into her mouth. This was a good creditable house I had been in.

Richard Snayton , I and others went into the house with the prosecutor. He went out, and the girls followed him. Soon after he brought the prisoner in, and left her in my care till he got a constable.

William Oakley . I was the constable. In searching the prisoner, I found a silver watch concealed in her stocking, near her shoe; it was going, and near the time about eight o'clock. She said a man gave it her for lying with her.

Prisoner's Defence.

We went into that house to have a pint of beer, and there came three men in. This man forced his discourse to a little girl that sat by me. He went out, and she followed him. She asked me to go with her. He lay with her. I stood about ten yards distant. After that he said he was robbed by that girl, and he squeezed the money out of her mouth. I never set eyes on the money.

Guilty . T .

592. (L.) Samuel Scholar , otherwise Scott , was indicted for stealing four guineas and seven half guineas, the property of Francis Ellison , in the dwelling-house of Francis Marshall , widow, Oct. 5 . ++

Francis Ellison . I belong to the printing office at Chelmsford. I come up every Wednesday, and go down every Thursday, for news. I was coming from Whitechapel, on the 5th of October, instant, to go to Mr. Bedford's, in St. Paul's church-yard. I met with a man in Cheapside; he said, Pray what part of the country do you come from? I said, Why do you ask? He said, he had an uncle, that lived in London, who had a servant gone away who had stole a mare, and he would be very glad of a person that would carry bills into the country of the mare. I gave but little heed to it. He asked me where I was going; I said but a little farther, to Mr. Bedford's, in St. Paul's alley, by the church yard. He said, I'll go along with you. He went with me, and called for a pint of purl. When I had delivered up my bags, I asked him where his uncle lived; he said he often was in Smithfield, and there was a house he used near there, and perhaps we might meet with him there. I went at his desire with him into Smithfield, then through a little place to the sign of the Blue Coat Boy. He looked at the dial, and said, It is very often about this time he comes into this house. I saw nobody at all. He ordered a pint of purl, and it was brought in. I do not know whether we had drank or no, when in came a man dressed in black. He seemed to be in liquor. Then in a minute in came another man. They began discoursing with each other. They talked of some fray the man that seemed to be in liquor had been in. Sir, said the man to one of the others, I am obliged to you for bringing me here, and taking care of me, will you please to drink any thing? What you desire to drink, you shall have. They were saying, this man that was in liquor had a man took him in for 10 l. I think they said it was by a butcher. Then the man that was with me asked him which way it was done; they said it was in this, that he could not name three things. The man with me replied to him, No, nor no more can you, and he would lay him a shilling he could not. They laid, he won the shilling. Then the man that appeared drunk pulled out a large purse, and said, Though I have been taken in, I have got so much left still, and I have so much more to receive. The man along with me wanted me to go his halves, or to lend him some money. I told him I would have no concern in it at all. I wanted to go away; I put my hand into my pocket, to take out some halfpence, to pay for the beer. My gold was wrapped up in paper. I could not get my half-pence out, without taking that out. The man said, D - n it, you said you had got no money. You have plenty of money. (There were four guineas, and four half guineas in one paper, and three half guineas in another, all wrapped up in one paper.) I got up directly, and said I want to know the reason why he took it out of my hand; he said, D - n you, hold your tongue; I'll double your money; you shall not lose your money. I said, Don't pretend to take it; I'll have my money. I'll have nothing to do to play. The others went on in the scheme they were about; they past my money over from one to the other. The time I was talking to him, he delivered it to one of the others, and he got it in his hat, and before I could say a very few words, they said it was lost. It was received by the prisoner. I saw it in his hands last, and there was one half guinea found upon him that I swore to. The prisoner is the man that was in black, and who seemed to be fuddled. At the time I was disputing with him for it, the other men got away. I called for help. I believe a woman came to the door first; after some time a constable came. Just before the constable came to the door, the prisoner did not know what to do with his purse that he had in his pocket. I saw him conceal it under the seat where he sat. I said to the constable, He has a purse concealed under such a place, see what it is. The prisoner hearing me say so, took up the purse, and put it in his pocket. He was asked whose purse it was; he said it was his own. Before he went out of the house, he asked leave to go to the necessary house. The constable let him. We did not miss the purse till we came before my lord mayor. We found upon him three half guineas, and two watches. The constable was ordered to go to search the necessary. I went with him. We found in it a purse; we counted the pieces. They were all yellow counters. He pretended to be a captain, and said he had taken some money on board a ship. When the prisoner took my money out of the hat, there were something fell on the floor, but I was in such confusion, I do not know what it was.

Q. Who took the money out of your hand?

Ellison. The person that went in with me.

Q. How long from the time he took it out of your hand to the time they said it was lost?

Ellison. I do not know that it was a minute. There were four people met me at a house where I used, and offered me my money again, and to pay the 20 l. that I am bound in to appear here, if I would not prosecute.

Acquitted .

He was detained to be tried for a fraud at Hicks's-hall, but the prosecutor went into the country without finding the bill.

See No. 22, in this mayoralty.

593. (M.) George Seymour Halford was indicted for forging and publishing a counterfeit po missory note, purporting to be value of 10 l. with intent to defraud Thomas Watson , October 6 . ++

Thomas Watson . I am a victualler , and live in Little Windmill-street. On the 6th of this month the prisoner came to my house, I believe a little before eight in the evening; he called me into the passage, and desired me to light a fire and show him a room for two young women that he was going to treat. One he said was a lady's maid. I lighted a fire. They went up and had some oysters and some cheese, and about one o'clock, when all my company were gone, I wanted to go to bed. I went to him, and wanted him to pay and go. He insisted on having more punch, and insisted much on my drinking. (I suppose to make me drunk.) I told him I did not chuse to drink any more, or make any more punch. He much insisted much upon it, so I did make a shilling's worth. After that he would have some shrub. Some time before that he wanted me to change him a note. I said, If it is not a very large one, I will. He said, It is but a 10 l. note. I knew nothing of him. By and by, when the punch and shrub were drank, he pulled it out. I held it up by the candle, and said, This note will not do for me. I never saw such a one in my life; and gave it him back again. He had a green purse in his hand. I thought he would take out some gold to pay me. He would not pay me. I called my son to go and call the watch. Then we took him to the watch-house. There we searched him for this note, which I had seen him put into a pocket-book. We could not find the pocket-book, nor green purse. We went out of the watch-house, and found the pocket-book, and the false note in it, and the green purse, with a parcel of false guineas and half guineas in it. They were yellow counters. What appeared as guineas had a George the Third on one side and the English arms in a field in the other, and the half guineas a Queen Ann, and the other side resembling a sixpence very badly struck, and only lacquered. Though they shone like gold in the purse, a child of ten years of age might easily discern them not to be coin. In the pocket book was the 10 l. note which he had offered to me (produced in court) on thin paper, to resemble a 10 l. Bank note; the resemblance such, that possibly it may deceive some unwary tradesman.)

The constable confirmed that of finding the note and counters, near the watch-house door.

Acquitted .

See 550 in Mr. Alderman Stevenson's, and No. 548 in this mayoralty.

594. Daniel Murphy , journeyman weaver , was indicted for feloniously and wilfully, and of malice aforethought, making an assault with a certain gun, value 5 s. charged with gunpowder and a leaden bullet, at and against Adam Macoy did shoot off, and discharge; by which means it did strike and penetrate on the side of his left temple, giving to him a mortal wound, of which he instantly died . September 30 .

No evidence was given.

Acquitted .

595. (M.) John Faulkinson was indicted for stealing a linen handkerchief, value 2 d. the property of Gaven M'Queen , September 12 .

The prosecutor did not appear.

Acquitted .

596. (M.) James Fessey was indicted for feloniously, and with force, breaking and entering the dwelling-house of John Dupree , with intent to cut and destroy a certain silk manufactory, in a certain loom, in the said dwelling-house , September22 . *

Mary Edwards . I am wife to Joseph Edwards , an engine weaver; he works at Mr. Dupree's, in St. John's-street, Bethnal Green . He had an apartment there. I remember the prisoner coming to my husband's apartment on the 22d of September last, a little after eight o'clock in the evening. There were others came with him. They came into the room.

Q. Did you know the prisoner before?

M. Edwards. I believe I had known him five or six months before. I was sitting by the fire when he came in. They broke the shop door down. Three of them did the execution. I saw the prisoner with an ax cut the tackling down, and the silk in the loom. All three did part of it.

Q. How long did they stay?

M. Edwards. They quitted the house directly.

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

M. Edwards. I am certain of it. I have no doubt of it, for I saw him.

Cross-Examination.

Q. Did your husband lodge in Mr. Dupree's house?

M. Edwards. Yes. We had the first floor, a whole floor, a lodging room, and a shop.

Q. How did the prisoner come in at the street door?

M. Edwards. I do not know.

Q. How did he come into your room?

M. Edwards. My room door was upon the latch. They lifted up the latch and came in.

Q. What did they say to you?

M. Edwards. They said nothing to me.

Q. Whereabouts does the shop lie?

M. Edwards. They were obliged to go by me to the shop.

Q. Was the shop door locked?

M. Edwards. No, it was only latched.

Q. Had you any light in your room?

M. Edwards. I had, and they took it from me, from where I sat.

Q. How many were there of them?

M. Edwards. There were six of them.

Q. Who came in first?

M. Edwards. I do not know that. It was the first of them that took my light away.

Q. Are you sure you saw the prisoner?

M. Edwards. Yes. When they knocked the door down, I could plainly see them all. They were not far from where I was. Three of them might stand between the prisoner and me. I am very positive he was one of the men.

Q. What silk did they destroy?

M. Edwards. I do not know the name of it.

Q. What was it to make?

M. Edwards. It was to make ribbons in the engine loom; that is, a different loom from the broad work.

Q. Are the ribbons all silk?

M. Edwards. They are. It was in the loom, and there was a great deal more not in the loom.

Q. Whose property was it?

M. Edwards. It was the property of Mess. Dickinson and Graham.

Joseph Edwards . I was not present at the time, but when I came home, I found my looms destroyed, and the work in them also.

Cross-Examination.

Q. Whose property was the silk?

Edwards. I believe it to be the property of Dickinson and Graham. It was delivered to me as such.

Mr. Dowell. The loom was my property that was destroyed in the house of Mr. Dupree. On the 23d of September Mr. Edwards came and told me, between nine and ten o'clock, that there had been people there who had destroyed the loom, and cut the work. He said he did not know any of them, but that his wife did. I went to look the next morning, and found the loom cut to pieces, and the ribbon that was made destroyed, as also the rest of the materials. The silk was the property of Messieurs Dickinson and Graham. I was their servant, and gave it out.

Prisoner's Defence.

I was not there. I have witness that I was not. My loom was cut down in the middle of the same day. I went to see who it was that did it, but could not find it out. I went to bed at ten the same night. I was with Jonathan Riddletale that same night, at the Two Brewers, in White Cross-street, about eight o'clock.

For the Prisoner.

Jonathan Riddletale . I am an engine-weaver. I know the prisoner very well. He is an engine-weaver .

Q. Do you know that his loom was cut?

Riddletale. I saw his loom on Sunday the 24th of September, and saw that it had been cut. I asked his wife how it came cut.

Q. Was it cut in the manner the cutters do?

Riddletale. That I cannot tell any thing of.

Q. Did you see the prisoner on the 22d?

Riddletale. I did. I met him in Blue-Anchor Alley, about a quarter of an hour before eight.

Q. Was any body with him?

Riddletale. No body at all. We went together to the Two Brewers, in White-Cross-street, and called for a pint of beer. We had not been there long before one Mr. Price came in, and knowing him, I asked him if he would drink with me. He said he would. We staid there till ten o'clock, then we came out, and I left the prisoner and Price at the door.

Q. Was the prisoner and Price in company with you all that time?

Riddletale. All that time.

Q. How came you to take notice of the time?

Riddletale. I looked at the dial.

Q. How long have you known the prisoner?

Riddletale. About three years. I never knew any thing but honesty by him.

Cross-Examination.

Q. What is your opinion of the weavers collecting money about Spitalfields; is that right or wrong?

Riddletale. I cannot tell.

Q. What can't you tell?

Riddletale. I have no connections with them.

Q. Is that right or wrong?

Riddletale. I cannot tell how to answer that question.

Q. Do you think that act honest or dishonest of those committee men?

Riddletale. I cannot tell how to think it dishonest.

Q. Now another question. What makes you remember the 22d of September?

Riddletale. It being a rejoicing night, I went out to get a pint of beer.

Q. What was the rejoicing about?

Riddletale. It was the king's coronation. I remember it by that.

Q. Have you not some club or other on that night?

Riddletale. No. I met him intirely by accident. It was a quarter before eight by the dial when I went in.

Q. Did you take notice of the dial that day se'nnight at a public-house?

Riddletale. I always do, when I go to a public-house.

Q. How do you do, where there is no dial?

Riddletale. Then I can take no notice of it.

Q. Was you in a public-house last Friday?

Riddletale. No.

Q. Nor Wednesday or Thursday?

Riddletale. No.

Q. Do you ever put down the time?

Riddletale. I can generally remember.

Q. What did you employ your time about?

Riddletale. We talked about state affairs.

Q. to Mrs. Edwards. Do you know this last witness?

Mrs. Edwards. I do not know any thing of him. I do not remember seeing him.

Thomas Price . Coming from work on the king's coronation night, between eight and nine, I went into the Two Brewers and called for a pint of beer. There was the man at the bar and the last witness, who was an acquaintance of mine. They asked me to drink with them. I did, and staid there till ten o'clock. Then we came out together. I left them, and went home. I know no more.

Q. What time do you leave work?

Price. About eight o'clock.

Q. How far is the Two Brewers from where you work?

Price. About four hundred yards.

Q. Had you been long acquainted with Fessey?

Price. I never spoke to him before.

Q. Do you recollect the conversation you had together in that hour and a half?

Price. Nothing farther than that the last witness was making a remark, that if he tumbled down, his nose would save his face.

Q. Do you remember nothing else that past?

Price. No.

Q. Do you remember whether you talked about state affairs?

Price. Yes; state affairs.

Charles Gillam . I am a master weaver. The prisoner worked for me about two years ago. I have known him seven or eight years. He has an honest character, as far as ever I heard.

Q. Do you know any place he has worked at those last two years?

Gillam. I believe he worked at Coventry.

Lawrence Wingfield . I am a brass-founder, and live by Fleet-ditch. I have known him about twelve years. I always thought him an honest man; but he would drink a little sometimes.

Q. Have you known much of him this last year?

Wingfield. I believe I have seen him a dozen times this last year.

Q. Have you seen him at work within these six months?

Wingfield. No, I have not.

John Croft . I lived at Tom's coffee-house, 'Change-alley, but have left off business. I have known the prisoner about eight years, down to the present time. I never knew any thing amiss of him, and always thought him a hard working man.

Q. Have you known him these last six months?

Croft. I have.

Q. Do you know whether he has been employed in business in that time?

Croft. I cannot tell that.

John Wallis . I am a weaver, and undertake business for gentlemen, having looms of my own. I have known the prisoner between two and three years. I always heard a good character of him.

Q. Do you know where he worked?

Wallis. He worked for one, but I have forgot his name.

Q. Where did he work last?

Wallis. The last I know of was he worked for me.

Q. How long is that ago?

Wallis. That is about a year ago, which was before the disturbance.

Bridgen Causen. I live in Golden-lane. I have known him a year and four months. He lived in my house twelve months. He was never out of the house after ten o'clock, to my knowledge.

Q. How long has he left you?

Causen. He has left me about three or four months.

Francis Biggers . I am a sword-hilt maker. I have known the prisoner these last four months. I believe he is a very sober, industrious man. He lodged at my house, and kept good hours. He lodged with me when he was taken up.

Mr. Edwards. I saw Jonathan Riddletale on the 24th of September. He told me he had not seen Fessey, nor any of the trade, for three days, till that morning.

Jonathan Riddletale . I saw Edwards on the Sunday morning. Upon my oath I never told him so.

Mr. Edwards. He told me so that morning. He said he had not seen any of them for several weeks. He said he did not go so much among them as he did. He said he was very sorry for the prisoner, when he heard he was in Bridewell. This he said as we were parting.

Riddletale. I came to Mr. Edwards, knowing his things were out; and knowing Fessey was an honest man, I came to know if it was him or not.

Q. Then you came to know the right of the thing, because you did not think he was guilty?

Riddletale. I did.

Q. Did you tell Edwards you had been in company with the prisoner on the Friday night?

Riddletale. No, I did not.

Q. That was very material; why did you not?

Riddletale. There was no such question asked m be I did not tell him, because I did not think he was guilty.

Guilty . Death .

597. (M.) Elizabeth Anderson , spinster, was indicted for stealing a woman's linen gown, value 4s. the property of George Trooper , Oct. 5 . ++

Eliz. Trooper. I am wife to George Trooper . We live in Benjamin-street . On the 5th of October, the prisoner came to my shop, to pledge a neckcloth. We are pawnbrokers . This was between ten and eleven. She came again, between three and four the same day, to fetch it out again. My mother was in the shop. She came out to call me, to come and give the prisoner change. I went into the parlour again. My mother presently called to me, and said the woman had taken a gown. I went out, and ran after her. She ran so fast, I could not overtake her. I was about two or three yards from her once, and called, Stop thief! but she got away. I saw about half a yard of the gown hang down on her left side, under an old red cloak she had on.

Q. What sort of a gown was it?

E. Trooper. It was a flowered long lawn, red and white. It was taken from off a box on the other side the counter.

Q. When did you meet with the prisoner again?

E. Trooper. On the 14th of October, she came into my shop again; then I stopped her. I knew her, by having seen her a great many times before.

E. Trooper Sen. I was in the shop when the prisoner came in, in the afternoon. She asked me for a neckcloth. I gave it her. She wanted change. I could not give it her; and while I went out of the shop to call my daughter, I suppose the prisoner took the gown. When I came back into the shop, she was in a great confusion, wanting to go. As she was going out, I saw half a yard of the gown hanging down. She got out of the shop, and I being behind the counter, could not get out soon enough. I called to my daughter, and told her; she ran after her, but could not overtake her. We never got the gown again.

Prisoner's Defence.

I went for the neckcloth, and had a basket in my hand full of shavings. The man that the neckcloth belonged to was waiting in the street, which made me be in a hurry. When I went into the shop, there was a woman came out. I went afterwards, and they stopped me.

led May Bishop, who had known her ars, and said she had lived well, and bore a good character.

Guilty 10 d. W .

598. (L.) Samuel Barnton was indicted for stealing three pounds weight of sugar, value 10 d. the property of persons unknown, September 13 . ++

John Burch . I am a gangsman at Fresh-wharf. The prisoner had been loitering upon the keys two or three months. I have seen him put sugar in his trowsers, and run away. On the 13th of September, I catched him; when he had sugar in his pockets and trowsers. We brought him to the Poultry-compter, and took the sugar from him. There were three pounds of it in large lumps.

Q. Had the prisoner used to work upon the key?

Burch. I never saw him at work.

Prisoner's Defence.

I seeing some sugar on the ground, I took it up, and put it in my pocket. I made an attempt to run away, and this man came and laid hold of me. I had not been in London above ten weeks.

Guilty 10 d. W .

599. (L.) Benjamin Housden was indicted for stealing a pair of silver shoe-buckles, value 10 s. the property of Joseph Bridges , September 26 . ++

Joseph Bridges . I am a silversmith , and live on Fish-street-hill . On the 26th of September, the prisoner came into my shop to look at some silver buckles. I shewed him some. He took two pair out of a shew-glass. He kept one pair in his hand, and delivered the other to me to weight; and see what they came to. I weighed them, and told him what they came to. He said they were too dear. He then asked the price of several others, but they were all too dear. I then put that drawer away, and shewed him another drawer full; he still kept to the same, they were too dear, but he kept the pair in his hand. Then he wanted a second-hand pair. I said it was needless to shew him any, as he did not want to buy. He then pitched upon a pair, and they were weighed. He agreed to pay five shillings and nine-pence an ounce, and they came to fourteen shillings. Then he said he would not give so much, he would have some allowance for the chases. He would give but twelve shillings. By this time he had secreted the pair he had in his hand. He then said they were rather flight, and there was a crack in one of them, and he had seen some he liked better, and wanted to look in the drawer again. I said, if he did not like them he might leave them; I would not shew him any more. It was about tea-time. I called to my spouse to bring my tea down. She did. I desired her to stay in the shop. Then I went round the counter to where he was to drink it. At last he said, You will not take any less. I said, No. Then he went out of the shop. I followed him out, and brought him in again. I told him he had got a pair of my silver buckles. He took them out and laid them on the counter.

Q. Where did he take them out from?

Bridges. I do not know what part of his coat he took them from.

James Ford . I was going by, and saw Mr. Bridges have hold of the prisoner, getting him into the shop. I asked him what was the matter; he told me the prisoner came in to cheapen a pair of silver buckles, and he had stole a pair. I lent him some assistance. We got him in. He went on his knees, and begged forgiveness, and said it was the first offence. He was some time before he would quit hold of Mr. Bridges. When he said he would go for a constable, I held him. Mr. Bridges could not get a constable, so we took him to the Compter. He had not the buckles in his hand when I first saw him, but he took them from some part of his clothes and laid them on the counter.

Prisoner's Defence.

I went to this gentleman's shop to buy a pair of buckles, and he pulled out a glass. I looked upon a pair, and fixed on them; the gentleman weighed them, and said they came to sixteen or seventeen shillings, I told him that was too much, and asked him if he had any that would come cheaper. He put that glass in, and took out another. Then I fixed upon a pair. He weighed them, and they came to fourteen shillings. I said I would give him twelve shillings. He would not take it. I took up one, and put it to my shoe. It looked like a child's buckle. I took the pair of buckles, and went to the door to look at them; he took hold of my, and said I am going to run away with them. I said, You have no need to be afraid; I am not going to way. I am a waterman .

James Ford . How Mr. Bridges's door were and the prisoner when they were stealing?

Ford. They were two or three yards out of the shop. The prisoner wanted to get away.

Prosecutor. I believe he was got about two yards from the door when I laid hold of him.

To his Character.

Edward Wade . I am a waterman. The prisoner is my apprentice.

Q. How old is he?

Wade. He is twenty-one, or pretty near the mark.

Q. What character do you give him?

Wade. As good a character as a poor man can do. He served me duely and truely the time he was with me, day and night, in order to get money.

Q. Was he master of twelve or fourteen shillings to buy silver buckles?

Wade. Sometimes apprentices will keep more money than they give to their masters. They get it by flowing of boats.

Joseph Wade . I knew him from a baby. I never heard any bad character of him.

Guilty . T .

600. ( M.) William Duggan and Mary, wife of Joseph Manley were indicted; the first for stealing a-yard and a half of printed linen for handkerchiefs, value 2 s. and eight pair of worsted hose, value 4 s. the property of William Coste ; and the other for receiving the eight pair of hose, well knowing them to have been stolen , October 8 . ++

Ann Coste . I am wife to William Coste . I keep a stall in Spitalfields market , and sell all sows of haberdashery goods whatsoever. I had used to employ the boy Duggan at the bar to take my goods in and out of my stall: he took down the stall every night, and put it up in the morning. We live in Red-Lion-Street, near a quarter of a mile from where my stall is. He was gone from me almost a fortnight. before I knew he had robbed me of any thing, and then I should not have missed them, but he had dropped some stockings in a public-house. I was told to go and see them. I went: they were four odd stockings. I will not be positive to them, but I think they were mine. The people told me the boy had more things. My husband was then at Blackheath-fair. I went and told my brother; we took the boy up, and he directly owned that they were my stockings, and that he had robbed me of great many more. He owned to taking three handkerchiefs; this he owned before the justice; and that the woman at he had received stockings of him. We had a search-warrant, and found four pair hanging on a line publickly for sale, and she had another pair on her legs, all my property. She owned she had them of the boy, but said where they came from she did not know, for she did not examine him.

Q. How old is Duggan?

A. Coste. He is about eighteen years of age. The woman owned before the justice she gave half a crown for the first parcel. The boy said there were nine pair. She said there were but six or seven. And that she gave eighteen-pence for another parcel. The boy said there were two or three pair of them. The boy also said he took another parcel, but could not tell what he had for them. Some of the stockings were for all childrens stockings, that I sell for five-pence a pair, and some that stand me in nineteen shillings a dozen, and some sixteen. The stockings she had on her legs stood me in twenty-two shillings a dozen. They were all new. The boy owned he had pawned the handkerchiefs at three different pawnbrokers. I went, and they delivered them up. ( Three handkerchiefs produced in court.) These are them, and they are my property.

Robert Airs . I am a pawnbroker. On the 7th of this month I took in one of these handkerchiefs of the boy at the bar; two days after the prosecutrix's brother came, and asked me if I had any handkerchief of this pattern. I said I had. I went with him to the justices, and delivered it us. There the boy declared where the other handkerchiefs were, and the other pawnbrokers came and delivered them up.

Duggan's Defence.

I was taken up, and carried before the justice. They said, If I would own to the things, I should be cleared; and I owned I took them. But they are none of her's. I only said so, thinking to be cleared.

Prosecutrix. I never spoke a word of that sort to him.

Manley's Defence.

I bought the stockings, but not of this boy. I know nothing of the boy.

John Hurt . I am a weaver. I have known Manley fourteen or fifteen years. She has a very good character. Her husband is a smith, a very worthy man.

Francis Wilcox . I live in Wheeler-street, and keep a chandler's shop. I have known Manley about fourteen years. I never heard any ill of her in my life.

John Wood . I live in Wheeler-street, and am a victualler. I have known her about fourteen years. I never heard any thing amiss by her.

Duggan guilty . T .

Manley acquitted .

601, 602. (M.) Thomas Bowers and William Fitzpatrick were indicted for stealing two great coats, value 10 s. and one lacquered wooden tea-chest, value 2 s. the property of John Pritchard , September 26 . ++

John Pritchard . I live in Virginia-street, Ratcliff-highway , and belong to the customs.

On the 26th of September, about noon, I was backwards in the kitchen. My child was just come from school. The street door was open, and the kitchen door shut. The child came in and told my maid, a man was gone out of the parlour with a great coat on his arm. I went into the kitchen, and said to my friend that was come to see me. Come along with me. We ran out and overtook one of the prisoners, Fitzpatrick, about two yards from the door. He had my two great coats, and my tea-chest in them, under his arm. I took him by the collar, and asked him where he got them things. He said a stranger gave him them in the street. I said I would take care of him. My friend Thomas Watkins took hold of him, and we got him back into my house: going in, he made a struggle, and then the other prisoner rushed into the house along with him. I had not seen him before. He came up to me and asked me the reason I would not quit him; and said he was innocent of the affair, and I had got my things again. Now, said I, you rascal, I will charge you likewise. I locked the door, and sent my maid for a constable. The things were my property, taken out of my parlour, a fore room.

*** In the evidence given by Mr. Garrick, on Mr. Baretti's trial, some Sheets were wrought off with the following error, Paris for Padua, which the reader is desired to observe.

In a very few Days will be published the third and last Part of these Proceedings, containing the Remainder of this and the other Trials; to which will be subjoined, an alphabetical List of all the Prisoners tried in the Course of the present Mayoralty.

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 18th, Thursday the 19th, Friday the 20th, Saturday the 21st, and Monday the 23d of OCTOBER, 1769.

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

NUMBER VIII. PART III.

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.

THOMAS WATKINS . I was in the prosecutor's black parlour when the maid came in, and informed us a man had ran out of the fore parlour. Mr. Pritchard called me. We both went out, and took Fitzpatrick with the things under his arm. Mr. Pritchard asked him how he came by them things. He said they were given to him to carry them to the water-side.

Q. Did he say he knew the man?

Watkins. No, he did not. He came back very willingly till he came to the door; there he struggled, and Bowers rushed in along with him. I did not see him before. Bowers said, What business have you to detain the man, as he was innocent, and as long as Mr. Pritchard had his things again? He said he knew he was innocent, and desired we would let him go about his business.

Q. Did he say he saw a man deliver the clothes to him?

Watkins. No, he did not.

Pritchard. Fitzpatrick said before the Justice that Bowers gave him the things at the door. Bowers denied it.

Watkins. I pressed Fitzpatrick to say who gave him the things, that we might send after them immediately. He said there was no occasion to send after them. When before the Justice, he said Bowers gave them to him at the door, and cried very much.

Fitzpatrick's Defence.

I am a waterman . I had a fare to carry to the Hermitage from Billingsgate. When I had so done, I was walking up Virginia-street, to go to my mother's, when a man crossed the way to me, and asked me whether I was not a wat erman. I said, Yes. He said, Where does your boat lie? I said, at Execution-dock. He asked me if I would carry these things. I took them and was walking towards my boat, and these people followed me, and took hold of my shoulder. I was pretty much in liquor. It was a man much like this man (meaning Bowers) that gave me the things to carry.

Bower's Defence.

I was called in three times before the Justice. He desired me to swear to this man (meaning Fitzpatrick ); I said, I did not know any thing against him, and I would not.

For the Prisoners.

Adam Wale . I know both the prisoners. Between three and four months ago they were both at Greenland together. I know nothing against them.

John Topham . I know both of them. I never saw any harm of them.

Jane M'Daniel. I have known Bowers about eight months. He is a very honest man.

Bowers acquitted .

Fitzpatrick guilty . T .

603. (M.) James Fife was indicted for stealing a brown gelding, value 6 l. the property of William Beecroft , September 22 . ++

William Beecroft . I live at Blackheath. I lost a brown gelding from out of a field in the parish of Luisham . I saw him in the field on the 18th of September, and on the 21st he was missing.

Q. Have you seen him since?

Beecroft. He was brought into my yard on the 11th of October, by William Green.

William Green. As I was walking in Blackheath fair on the 11th of October, I saw this gelding. I knew him; for I sold him to Mr. Beecroft. I said to the man that had him there, named William Waples , Will you sell this horse? He said, He is none of mine to sell. I said, Whose is he? He said, He belongs to Mr. Heath. I said, Where does he live? He said, Over the water, at Shadwell. I said, Do you think he will sell the horse? I know a man that would be glad to have him. If you will go with me to the person, I'll treat you with a bottle of wine. I took him to Mr. Beecroft's yard, and said to him, Here is your horse. I asked the man if he could give any good account of himself; he said he hired the horse of Mr. Heath; which we found to be true; and when we saw Mr. Heath, he said, he bought the horse of James Fife , the prisoner at the bar. He came the next day to Mr. Beecroft, and we asked him what he gave for the horse; he said he could not rightly tell, for he bought two together. I said, What is the other? He said, A bay mare, and described her. Then I said, I know who she belongs to. The next day, Mr. Heath had got the prisoner in the parish of Shadwell. I asked him how he came by the horse; he said he bought him in Smithfield, and that he had him in a raft two or three days before he sold him to Mr. Heath. Mr. Heath said he bought the horse on the 22nd of September, and he was stole between the 18th and 20th, which we thought could not be true, because there was no market-day between. I asked the prisoner if the horse had any shoes on before: he said, No. The horse had a tender foot, and I think he could not be had up and down bare-footed, as he was at Luisham, without hurting him.

William Heath . That was the horse that Waples had. I bought him for a back to let out. I let him to him to go to Blackheath-fair. I have seen him since, and it is the same horse that Mr. Beecroft owns. I bought him of the prisoner on the 22nd of September, and I bought another horse. I have known the prisoner nine or ten months; he lived in Will's-street, Shadwell.

Q. Was the horse shod when you bought him?

Heath. He was. At first, when the prisoner was charged, he said he bought him in Smithfield; then he had him in exchange; then after that he said he bought him in Bedfordshire. I paid him eleven pounds and six-pence for the two.

Q. to Beecroft. What do you value your gelding at?

Beecroft. I could not value him at above six guineas.

Prisoner's Defence.

I have no friends here, so I can say nothing. I am not provided, so for that reason I'll say nothing.

Guilty . Death .

(M.) He was a second time indicted for stealing a bay mare, value 5 l. the property of Henry Gresham , September 22 . ++

Henry Gresham . I live at Luisham. I lost a bay mare from where I live, and I found her again at Mr. Heath's.

Mr. Heath. I bought the bay mare of the prisoner at the bar on the 22d of September; he told me he bought her in Bedfordshire. I had seen her, I believe, about the road about a fortnight before I bought her at Shadwell.

Q. What is the prisoner?

Heath. He is a taylor . The mare was a saddle-mare. The other, that was proved to her Mr. Beecroft's was an old hunter, but was then a post-chaise horse. I have heard the prisoner say he bought a good many horses, first and last. His boys used to ride them publickly about the streets.

Prisoner's Defence.

If I had known I came by the horses in a clandestine manner, I would have rode them an hundred miles, rather than sold them to a neighbour.

Acquitted .

(M.) He was a third time indicted for stealing a chesnut-coloured gelding, being the property of William Etrick , value 20 l. June 9 . ++

William Etrick . I live at Tunbridge. I lost a chestnut gelding out of a ground at Luisham on the 2d of June, and I found him again in the possession of one Whitehead, in Whitechapel, last Saturday night.

Andrew Bishop . About the 8th or 9th of June I bought this chestnut gelding of the prisoner in Ratcliff-highway, at one Mr. Nightingale's. I gave him eight guineas and a half for him, for the use of Mr. Nightingale.

Q. Where is he now?

Bishop. The prosecutor was him now. Mr. Nightingale rode him the next day but one, and when he came back, he sold him to Mr. Burbeck, at the turnpike, at the New Road.

Q. Where is Mr. Burbeck?

Bishop. He is not here. I have seen the prisoner on him several times. He said he had him from Reading in Berkshire.

Mr. Nightingale. That chesnut horse was bought for me. I had him three weeks, and sold him to Mr. Burbeck. I have seen the horse since. It is the same horse that the prosecutor swears to.

Prisoner's Defence.

Do you think I would have sold this horse to any body where I lived? I never flinched an inch. I declare I never was guilty of stealing a horse in my life. I deal in horses.

Guilty . Death .

604. (M.) William Elder was indicted for the wilful murder of James Wooderow ; he also stood charged on the coroner's inquest for manslaughter, September 7 . +

Mary Wooderow . I am daughter to James Wooderow .

Q. How old are you?

M. Wooderow. I shall be twelve years old the 26th of November.

Court. Give an account of what you know, and of what happened about the death of your father.

M. Wooderow. William Elder came up in the morning, between six and seven o'clock, and knocked at our door: he staid a little time, and said, Very well, you will not let me in. Then he went down stairs again. After that he came again, about eight, and knocked at the door, and my father bid me let him in. I did. He is my uncle, he married my father's sister. We lodge at Mr. Mitchell's, at the White-Swan in Chandois-street. My uncle came about my aunt. When he came in, he said, So, you have got your sister concealed here. He went to the closet, opened the door, and said, I wish she was here, I would well broomstick her. My dadda and he had a good many words. I do now remember the words. He said to my dadda, Pay me what money you owe me. My dadda was in bed. He said, I have paid you the money, and above. My dadda got out, and said he would show him the bill. He put his coat and waistcoat on, and went round the bed, and pulled out a pocket-book, and came to the other side of the bed, took a key out of his pocket, and opened the drawer. My dadda called him Irish dog, and he called my dadda Scotch dog. My uncle gave my dadda two or three blows with his double fist. My dadda said, Very well; I shall not strike you. My uncle said, I suppose you will take the law of me. My dadda said, I will. Then my dadda fell upon him. Mrs. Breaden, that lives above us, came down, hearing a noise; then came our landlord, Mr. Mitchell, and took my uncle, and turned him out of the room. He was without his hat. I got it, and gave it to him. My dadda went to the glass, and looked in it, and said my uncle had given him a blow on his eye. He went and lay down on the bed, and said to me, O Polly! my head achs, and he never moved or stirred after, nor ever spoke more. This was on the Thursday morning, and he died on the Sunday morning after.

Q. Had the prisoner any thing in his hand?

M. Wooderow. No, he had not.

Q. Did you see any scratch on your dadda's face?

M. Wooderow. No.

Q. Where was your aunt?

M. Wooderow. She hid herself in the closet. There was only me with my dadda.

Jane Breaden . I lodged over the deceased in the same house. I heard a noise in the room about eight o'clock that morning. The child screamed out. I went down to the deceased's room; the prisoner and the deceased were standing pretty close together, but no blows passed. I begged they would not fight. The deceased said he would not fight; but it was a hard case to be struck. He asked the little girl for a key, and went to a drawer and took out some writings. He fell in a passion upon taking out the papers, and struck Mr. Elder on the left side the face, and Elder fell against the door. I begged of Mr. Elder that he would not strike him again; he said he would not, and I did not see him lift his hand up at all. The deceased seemed to be very much in a passion, and the prisoner quite calm. Mr. Mitchell came; then the deceased had his two hands in Mr. Elder's hair. Mr. Mitchell took Mr. Elder by the shoulders, and turned him out; and said he would not have a disturbance in his house. Elder said, Give me my hat, and I'll go. And he went away. When he went out of the room, I went also. I saw the deceased about two hours after; he could not speak. The child came up to me, and desired me to come down, saying she believed he was in a fit: he lay, and neither spoke nor stirred. Mrs. Elder was there. She asked what must be done. I desired her to send for a surgeon, for I thought him in a very dangerous way. She was his sister.

Q. How did Elder and his wife use to live together?

J. Breaden. That I can't tell. I have seen them come backwards and forwards; they behaved themselves well. She came home with her brother over-night, and had been in the room all night. I cannot tell what this was owing to. I did not see them come home. They came about one in the night. I believe I saw the deceased strike Mr. Elder twice, but did not see Mr. Elder strike the deceased. As far as ever I saw, Mr. Elder was always a quiet, peaceable man; he always was very agreeable. So was the deceased a quiet man, when sober; but very quarrelsome when in liquor. The deceased had lately been in a good deal of trouble, and had hardly been sober for a fortnight.

Thomas Mitchell . I am the landlord of the house, where this unfortunate thing happened. I saw Elder go up stairs, and heard him knock at the door. He came down again presently, and said, Mr. Mitchell, they will not let me in. I said, I dare say they are gone out; he said, I heard somebody stir in the bed; he said his wife went to Bartholomew-fair, and got drunk, and came home with her brother; and I have been used very ill by him. He says he does not owe me above 3 l. and he owes me 6 or 7 l. I will go up again and see whether they will let me in: He went up and knocked at the door again; what he said I do not know. Presently came the lodger and called me up stairs, and said, There will be murder in the house. This was in about three minutes time. I ran up, and saw the deceased have the prisoner by the hair of the head, beating him in the face with his fist. I got myself in between them, and parted them. I took both the deceased's hands out of the prisoner's hair; and took Elder in my arms and brought him out at the door, and said, You dirty rascal, what business have you in my house, to come to make such a disturbance in a morning? He said, If you please to give me my hat out of the room, I'll go out of your house. He had used to come there, and he came very civily. I never before this heard them any otherways than as brothers to each other. Elder went away, and I did not see the deceased from that time till after twelve o'clock.

Robert Wooderow . I am uncle to the deceased. This was on a Thursday, and a man came to me on the Friday morning, for me to come to the deceased, saying he could not speak. That man asked me to go and drink. I went with him to the sign of the Sun, in Russel-street. There was the prisoner. This was about eleven o'clock. He offered his hand to me, and said, Will you shake hands with me? I hope you are not angry. I said my kinsman is not well used; the prisoner answered, D - n his Irish stomach. If I was to do it, I would do it again; he only shams Abraham; that is, to extort money from me. Said he, I hit him a tap, and gave him right and left, taylor fashion. After he got up to struggle, he put his head up, and said he, I could have twisted his head off, but I would not; he could not resist me, but he put his hand up, and catched me by my hair: that was all he could do to me.

Q. What size man was the deceased?

Wooderow. He was a small man, and very weak.

Q. Did he say any thing of the deceased striking him?

Wooderow. No, he never said a word of that. We spent an hour or two together, and he said the deceased scratched him on his forehead. He said the deceased arose up to resent his being struck; and he put his head under his arm, and could have twisted it off.

Q. Had they used to quarrel?

Wooderow. I never knew that they had.

Q. Do you think the prisoner at the time of this conversation thought he had killed the deceased?

Wooderow. No; he had not a notion of that.

Martha Crow . I did live in the same house at the time of this, but I do not now. The prisoner came up stairs and swore a great many oaths, and wanted to get into the room. He went from the door down stairs, and said, D - n you, I'll wait all day, but I'll do for you. Whether he meant Wooderow, or his own wife, I do not know. He mentioned his wife, as well as his brother.

Q. Did you hear any body in the room say any thing to him?

M. Crow. I never heard them speak to him?

Q. Were the words, do for him, or do for them?

M. Crow. I cannot tell which. I heard the prisoner say to Mr. Mitchell they had been at Bartholomew-fair, and had been pawning some things; in about five minutes or less he went up stairs again, and presently I heard the door open. I heard blows, but who struck them I do not know. They were very soon after the door was open. Then I heard the deceased say, I will not strike you; the prisoner answered, No, d - n you, you will take the law of me. Then they went to fighting again, and calling names. The child cried out Murder! murder! you Scotch thief, you will murder my dadda! then I called to Mr. Mitchell: he ran up stairs, and said, You villain, how dare you come to make this disturbance in my house? He brought the prisoner out to the landing-place; then the prisoner said, Give me my hat, and I'll go. He took it, and went away. Mr. Mitchell said to Mr. Wooderow, Must I always have this disturbance in my house? Said the deceased, He struck me, as I was in my bed: you would think it very hard to be struck so. I was in the room when the deceased died. The prisoner surrendered himself to Sir John Fielding on the Monday morning, as soon as he heard of it.

Ann Lawrence . I lodge even with the deceased. I heard the prisoner come up that morning, about eight o'clock: he was in a great passion, and knocked very hard at the door; but no body let him in. He went down stairs, and in about five minutes he came up again, and called at the door and said, You have got the b - h your sister here. Then somebody opened the door.

Q. What is the prisoner for temper and behaviour?

Ann Lawrence . I never know a better behaved man in my life than Mr. Elder's, when made me wonder at hearing him passion. As soon as he was in the room, I heard a great many blows. Said the deceased, I will not strike you again. No, said the prisoner, you will take the law of me. The deceased said D - n you if I will not have a warrant for you this day. I saw him go across the room to a drawer in only his coat and waistcoat. As he was putting the key in the drawer, he said, D - n you, I can't forbear you no longer, and fell upon Mr. Elder. The door clapt too, and I heard no more. There were a great many bad names called on both sides. I called Mr. Mitchell up: he came. The child called Mr. Elder Scotch thief, and said he was murdering her dadda. The deceased and his wife were always a quarrelling. I was afraid of murder often with them. After that I saw the deceased go across the room to the glass, and I saw no more of him till about twelve o'clock. He lay in a melancholy way, without moving hand or leg, till the breath went from him.

William Rowley . On Thursday the 7th of September, about twelve o'clock, I was sent for to the deceased. I found him speechless, senseless, and motionless. He was alive. I examined him, and concluded from the symptoms there was something of the apoplexy. At that time they had no told me what had happened. I treated it as an apoplexy, or a pressure on the brain. I bleeded him. He bled freely, but that did not ease him. He was able to take very little. The second visit was about five or six hours after, then I was informed he had had some words with some relation, and that there had been some blows. I examined his head with great accuracy, but I could not find any external symptoms of bruise or wound that had done him any injury at that time. I attended him, and treated it as a concussion on the brain for the three days he lived. I declared to people about, that it was a case that I believed would prove mortal: that I concluded from the first. The second visit I thought it might proceed from some blows he had received. He died on the Sunday morning, and on the Monday I opened him. I raised the scalp. I could not find the least fracture, or the least injury in the bones of the scull in any part. The temporal muscle had a duskish appearance, as though it had been bruised on the left temple muscle: the muscle on the other side appeared in a found state. I raised that muscle, and examined the scull; but could not find the bone had received any injury at all. I then opened the scull immediately under the left temple, where this appearance of a bruise was in the muscle, and I found a great quantity of extravasated blood lying between the pia and the dura mater.

Q. Might he not have a vessel broke there without a blow?

Rowley. Most certainly. I found he had been drinking about a fortnight or three weeks very hard. The muscle appeared, as if there had been some bruise, but the scull was perfectly found underneath it. I examined it in the presence of three or four surgeons.

Q. If a blow had occasioned a rupture of a vessel, so as to occasion such an extravasation of blood, would he not have immediately grown senseless?

Rowley. He most undoubtedly would have been senseless immediately.

Q. Could he, after he had received such a blow as to occasion this rupture, have been able to have pulled the hair, and fought five minutes after?

Rowley. For a few minutes he might. It might be five, ten, or twenty minutes before the blood emptied in that part.

Q. Have you not known in the course of your practice such a vessel burst merely through passion?

Rowley. After eating a great meal it has been done. I concluded it must arise from this cause. The man had been drinking very freely, and had not been accustomed to drinking, being in a violent passion might force the blood in such great rapidity to the head, as to occasion these circumstances.

Q. Can you upon your oath say some external injury was the occasion of his death?

Mr. Rowley. I should imagine so, but it is impossible to determine that it was. I cannot be quite positive. I am a little doubtful. A cough, or any violent passion, or strain, might occasion it. To the best of my knowledge it was owing to an external injury. After I had opened the head, I did conclude there might be some external injury. It might be by a fall.

Prisoner's Defence.

I was drinking a pint of porter on Wednesday evening at Bartholomew-fair; my wife had been out. She and the deceased both came to the fair. They were both in liquor; she more than he. I told him he had better pay me my money, than to go to Bartholomew He up with a stick and swore he would knock me down. I made no resistance. I understood he had been to a great man; pawnbrokers to release his wife's things out of pawn, in order to sell them. I went home about eleven, and went to bed. The next morning I got up about seven; I found I had no wife come home. My boy said his mother went home with his uncle and Polly. I went there, without any mischief in my heart, in order to see whether my wife was there. I knocked at the door. I had no answer. I came down again, staid in the passage and asked Mr. Mitchell what time Mr. Wooderow came home; he said between eleven and twelve. It was almost one. I said, Did you see any body come with him? No. said he, I did not. I went up a second time, and knocked at the door again, then the door was admitted to be opened. My wife was got in a small closet. I opened the closet door, and saw the bed folded up. I thought she was not there. He jumped out of his bed, and put his coat and waistcoat on, and said, You Scotch son of a b - h, there is your wife; why don't you find her? I said, She is not there. He repeated Scotch son of a b - h. I said, If he said so again, I would give him a knock on the head. I gave him a blow on his right cheek bone, under his eye. He flew to the drawer, and said he had paid me 3 l. more than my due. I said, You shall not use me so, knowing you had my money. He owed me pretty near 7 l. I was going: he said, I should not go; he would fight it out. He ran his head against me, pulled me about the room, and threw me on a chair. I catched his head under my left arm, and twisted his head about, which I allow might hurt him. The gentlewoman that live in the garret came down, and said, Pray do not strike him. I said, I will not, I will only hinder him from hurting of me. Then Mr. Mitchell came up, and said, You have no business to come to make a noise here. I said, I did not come to make any, but only to look for my wife. The deceased had his hand then in my hair. Mr. Mitchell released me. After I got home, half my hair came off.

For the Prisoner.

William Blackmore . I am a master taylor, and live in Russel-street, Covent-Garden. I have known the prisoner eleven years. He has behaved extremely well. I never found him ill-natured. He has worked for me. He is a remarkably peaceable and quiet man; no ways addicted to quarrelling.

Q. Did you know the deceased?

Blackmore. I did. He has worked with me. He was a leading man on the board.

Q. How was he for temper?

Blackmore. When he got a little in liquor, he was rather peevish and ill-natured. The prisoner worked with me about seven years, and the deceased about as long.

Q. What size man was the deceased?

Blackmore. He was a little man, much less than the prisoner, and he had had a fit of illness.

Edward Robson . I am foreman to Mr. Blackmore. I have known the prisoner between eight and ten years. I never heard a man that had a better character, for a peaceable, sober man. He was not in the least addicted to quarrelling.

Acquitted .

605. (M.) Elizabeth Willson , spinster , was indicted for stealing nine guineas , the money of John Boyd , October 6 . +

John Boyd . The prisoner brought me into her room, and put me into her bed, and went out again, and put the door too. She came in again; I had not got to sleep, and in rummaging about, she came to the place where my breeches were. I thought she was looking for her own necessaries, till she was gone out again. After she was out of the room, I clapt my hand at my pocket, and found my money was all gone.

Q. When was this?

Boyd. It was this day fortnight, about seven in the morning. I had sat up in the watch-house all night, and in the morning I wanted to refresh myself, being heavy for sleep.

Q. Did you know the prisoner before?

Boyd. I never saw her with my eyes before that morning. I happened to see her sitting in a public-house, where I went in. She said her lodgings were but a few doors off. So I went with her. She was to have called me about nine, but she never came near me after she was out, and I could not tell were to find her: so I sat in the house till five in the afternoon. She did not come; then I went to the watch-house, and the next morning I found her in the same public-house where I first saw her. She had a pint of purl by her, and a pipe in her mouth. I charged her with having my money. I fetched the watchman, and took her to Clerkenwell goal. She did not own that she had robbed me, nor will she now.

Q. Did you ever get your money again?

Boyd. No, I never did. I had nine guineas in gold. That was gone, and she left me a bad six-and-nine penny piece, and three farthings. She had seen the six-and ninepenny piece at the public-house the night before.

Q. from prisoner. I want to know where the other woman is that lay with you?

Q. to Boyd. Was there another woman in the room?

Boyd. There was.

Q. Did that woman lie in the bed with you?

Boyd. Yes. That woman staid in the room with me till five in the afternoon, but the prisoner never appeared.

Q. How came you to have so much money in your pocket?

Boyd. I had received it, being paid off a man of war, and I was willing to keep it in my own custody, not knowing who to trust with it.

Q. Where did you meet with the other woman?

Boyd. She and I were in the watch-house together the whole night.

Q. What were you both in the watch-house for?

Boyd. There was nothing laid to her charge nor mine neither. I went there to get out of harm's way.

Q. Where is that woman?

Boyd. I do not know.

Q. Might not that woman take your money?

Boyd. This woman took my money. I felt her about my breeches.

Prisoner's Defence.

In the morning I was going for some purl, when this man came in bloody, and his wife was in the same condition. He asked me to give him a little water to wash his face. I got a bason of water, and wiped his eyes. He asked me to show him the way to my house, and then to show him the way to bed, which I did, and he and she went to bed together.

Acquitted .

606, 607. (M.) Mary Davidson and Frances Smith , spinsters , were indicted for stealing thirty-four guineas, and 4 s. in money numbered, and a canvas bag, value 1 d. the property of William Howard , William Brand , John Hawes , John Overall , Thomas Hawes , and John Flack , from the person of John Blois , privately , September 26 . ++

John Blois . These people, William Howard , William Brand , John Hawes , James Overall , Thomas Hawes , and John Flack , are my employers down in the country. They are all in partnership.

Q. What is your business?

Blois. I am an oyster drudger . This money belonged to them. William Howard and William Brand delivered the money to me. I had of William Howard 30 l. 10 s. and of William Brand 5 l. 8 s. I had it in my pocket; thirty-four-guineas and 4 s. I was to go down into Kent, to lay it out for oysters, at a place called Whistable. It was all in a bag. I received it at Masey Island, in Essex, within nine miles of Colchester. I received it on Monday the 25th of last month, and lost it on Tuesday the 26th. I came up in a hoy, went on shore, and went to the Beehive in Nithtingale-lane, about two o'clock, where these two girls met with me. They inticed me to their lodging, a few doors from thence. I never was there in my life before. I was carried into a room, I do not know how high, I believe only up one pair of stairs. There was a bed in it. I did not pull off my clothes. When I was in the room Smith went out.

Q. Did you go to bed?

Blois. No.

Q. Did you go to sleep?

Blois. No. I had been in the room perhaps half an hour, or thereabouts. Then Davidson took my money out of my left hand breeches pocket, and hastened out at the door.

Q. How do you know she took it?

Blois. There was nobody in the room but she and I; and I mist it as soon as she flew. I was going after her, and Smith stopped me at the door, while she got away.

Q. Are you sure you had your money when you was in the room?

Blois. I am sure I had. I felt it, and had it in my hand. I was upon the bed with her, and she flew from me at once, and ran down stairs. When she was got away, I went and acquainted my friend with it, and the two prisoners were pursued and catched in a coach.

Q. Was your pocket buttoned?

Blois. No, there was never a button on it.

Q. How long was you upon the bed with Davidson?

Blois. I do not know. I was not in the room above half an hour.

Q. What liquor had you?

Blois. I believe we drank two or three pints of beer. I was not fuddled, but I was a little in liquor. The bag had John Wright and S S under the name upon it.

James Hamilton . I first heard that the man had been with two whores, and had lost his money. About six o'clock we went and got information of one of our officers that the girl was in a coach. I went and stopped the coach by the May-pole. There were five people in it. The two prisoners were two of them. Blois only swore to Davidson. I took her to the watch-house and she was searched. The purse, eight guineas, and a nine-shilling-piece, were found upon her. He swore to the purse. (Produced in court, with the name John Wright and S S upon it.) I found it in her left hand, and the money in it.

Alexander Campbell . Mr. Hamilton and I went to take the prisoner. We took the two prisoners out of the coach. I saw this purse and money taken out of Davidson's hand in the watch-house.

Q. from Davidson to Blois. Whether you did not take out a bag, in which were nine guineas and a nine-shilling-piece, and give it to me to come and lie with you?

Blois. No, I never did.

Davidson's Defence.

He said if I would lie with him, he would make me a present of that: after that I did not like to lie with him; and I went away and left him, and what I had of him he had again.

Smith's Defence.

Between two and three o'clock this Mary Davidson and I went into the Beehive. I went to the fire to broil some bacon. She sat down on the right-hand side, and this man came in and called for a pint of beer. He sat down in the same box with her. They drank a pint of beer together. After I had done the bacon, I sat down in that box. He said, You may drink this pint, and we will have another. After that I called for a pint of beer and paid for it. Mary Davidson and he sat still, talking together. I kept reading a paper. After that they asked me to drink a glass. Then they wanted to go home together, and asked me to go with them. I went. It was to No. 19, in Redcross-street, St. Catherine's, up one-pair-of-stairs. He gave me a shilling to go and fetch six-penny-worth of liquors. I went for it, and returned him the six-pence. I went about my business, and shut the door after me. I went to the washer-woman to get me a clean cap. Then I washed myself to go to Dr. Lioney, to have my face dressed. I then went up into the room. The man began to laugh and joke. He never took any notice of having lost any thing. He said, Where is the girl gone? I said I do not know. Then we went to this public house again, and called for six-penny-worth of liquor. Then he said I am going to Mr. Cockbourn's, and if you hear of such a girl, I should be obliged to you if you would let me know. I saw no more of him till about dusk in the evening. I was going to a sister of hers to buy her some cloaths. She called for a coach. We went together, and were stopped, and we were taken out, by whom I do not know, for I was a little in liquor. This was at the top of the Butcher-row in East-Smithfield. After that they searched me. I pulled off every thing I had. They found nothing on me. I was carried before the Justice in New Gravel-lane. There I saw a bag, and a quantity of money turned out upon the table. I never saw it before.

Davidson guilty . Death .

Smith acquitted .

608. (M.) Martha Young , spinster , was indicted for stealing a silver watch, value 30 s. the property of William Anderson , October 17 . ++

William Anderson . I am a gardiner . I lodge in Cock-court, near Carnaby market. On Tuesday night last I was a good deal in liquor. I went into a house with the woman at the bar, and lay down on a bed. It was near the sign of the Boot, by Long-acre.

Q. Where did you meet with her?

Anderson. I met her on the top of Holborn, near St. Giles's. I awaked near two or three o'clock, and found myself alone. She was gone, and my watch was gone; likewise about six shillings in silver was gone. There had been none but the prisoner with me.

Q. Where had you put your watch?

Anderson. I was not undressed. My watch was in my fob.

Q. Are you sure you had it when you was in the room?

Anderson. I am sure I had. It was a silver watch.

Q. Did you ever find it again?

Anderson. No, I never did.

Eliz. Owen. I live in St. Giles's.

Q. What way of life are you in?

E. Owen. I get my bread as well as I can, in the same way as the prisoner does. On last Tuesday morning I was by the Pilgrim alehouse, in Holborn. The prisoner had a watch; it seemed to me to be a silver one. She shewed it me. I asked her where she had it. She said she had it of a young man.

Q. Did she say what young man?

E. Owen. No, she did not. Her husband bid her let the right owner have it again. I never saw it after that time.

John Leadbeaver . I was at a public house last Wednesday morning. E. Owen came and told me, a man was robbed of a watch. I asked what man. She said she did not know. I said, Who has got the watch? she said, Pat Bourn, that is, the prisoner. She lives with a man named Burnet. I went and found her, and asked her about it. She acknowledged she took a watch from a man, and delivered it to Burnet, and he returned it to her again, and would have nothing to do with it. She owned before Justice Welch she had it of the prosecutor. She told me before that, she sat down in the street, and while she was sleeping, somebody picked her pocket of it.

Prisoner's Defence.

Last Tuesday night, as I was going to St. Giles's, I met this man; he asked me to take part of a pint of purl. I went with him. We had two pints and some gin together. He asked me where I lived. I went with him to Cross-lane. We sat down upon a bed. I asked him for a present. He said he had but sixpence. Then he said, To make me satisfaction, I might keep the watch for a security. I said, I had rather you would leave it at a pawnbroker's. He said, My dear, I think it is as safe in your hand as in a pawnbroker's. After that he went away. I went out and fell asleep, and lost the watch out of my pocket. Somebody stole it from me.

Guilty . T .

609. (M.) John Maycock , blacksmith , was indicted for making an assault on Luke Shirbourn , in a certain lane near the King's high-way, putting him in corporal fear and danger of his life. and taking from his person one half guinea and 2 s. 6 d. in money numbered , his property, October 15 . ++

Luke Shirbourn . I am a butcher , and live in Tower-street. As I was going to Bow on Sunday last, about half an hour after twelve in the day, between Stepney-church and Bow I met the prisoner in the lane on the road. He put his hand to my breast and desired me to stop, and said. Deliver your money. I said, I hope not. He said, Yes, money I want, and money I must have. I took out my money, which was half a guinea, and some silver. I said, I hope you will be easy with me. He said he would not hurt me. I kept the half guinea under my thumb, and thought he would not see that; but he took it, and 2 s. 6 d. and left 2 s. in my hand. He had his right hand in his bossom all the time.

Q. Had he any weapon?

Shirbourn. No, he had not, as I saw. After he was gone I met with a man, who, seeing me in a flurry, said, What is the matter with you? I said, That man has just robbed me, He insisted upon my going with him after the prisoner. I returned back with him, and we pursued.

Q. Was he out of your sight any time before he was taken?

Shirbourn. I believe he was for the space of twenty minutes. He was taken at Bethnal-Green. I know the prisoner is the man that robbed me. We made an alarm, and people followed him, and I traced him all the way. He was searched; there was half a guinea and 2 s. and 6 d. and three halfpence, and a clasp-knife, found upon him.

Q. What is the prisoner?

Shirbourn. He says he is a farrier .

Thomas Hodges . As I was coming home on Sunday last, between twelve and one in the day, I heard an alarm. I rode up to a gentleman, and asked what was the matter; I was told a man had committed a robbery, and that he had crossed the road and took down a grass plat. I rode very hard in pursuit till I came to Bethnal-Green; there I saw a man on a slow run upon the Green. I galloped and overtook him. I asked him where he was going; he said, Not far. I put my horse round a post, and met him: I held the but end of my whip up to him, and desired him to stop till the man he had offended came up. Soon a man came up, and said there were others behind. I sent him back to hasten the person that had been robbed. The prosecutor soon came up, and, That is the person that robbed me. I will swear to him. Then a constable took charge of him. I left them, after I saw him searched in regard to arms, but none were found upon him as I saw.

John Lipiap . As I came up the field I heard somebody hollow Stop thief! I got upon a bank, and saw the prisoner coming as fast as he could. I made an attempt to stop him. He said, God bless you matter do not stop me, it is for a bastard childs this was as he was going over Bow-road. Just as I came to the corner of Bethnal-Green I lost him. Mr. Hodges came up immediately on horseback: said he, Which way is the man gone? I shewed him. He rode one way, and I ran another. He came up with the prisoner. I believe I was about three hundred yards off at the time. When I came up. I asked the prisoner what he had done. He said, he had done nothing that he knew of. I said, You certainly have, or you would not have ran so when the people hollowed Stop thief! Mr. Hodges wanted somebody to go and, fetch the man up that was robbed. I told him, If he would take care of the prisoner, I would go. The prosecutor, I found, had lost him, I found him, and brought him to the prisoner; he said, That was the man that robbed him, and gave the officer charge of him. I went up into the room with him. When he was searched. I saw half a guinea, 2 s. and 6 d. and three halfpence taken out of his left hand breeches pocket. He went across the room and flung himself down with his right hand in his pocket. The officer asked what he had there; he went and took out a knife. We asked him where he had that money? He said he received it the week before at Dartford, in Kent. Some time after he cried, and said it was the first thing of that sort that ever he did in his life.

Samuel Shepherd I was at Bethnal-Green that day, about one o'clock. A young fellow came running, and said, Somebody must come and take a thief for robbing a person on the highway. I went, and there was Mr. Hodges standing with his horse's head before the prisoner. I asked what was the matter; he said that man had robbed a person in a lane. Said I, Where is the man that has been robbed? Presently the last evidence and the prosecutor came. The prosecutor said, That is the man that robbed me (meaning the prisoner.) Then I said, I will take charge of him. I took him into a public house and up stairs, and said, Let us see what you have about you. I searched him, and found 2 s. 6 d. and three halfpence, and a half guinea. (Produced in court.) I took also a knife from him. At first he said he took the money at Dartford, in Kent, the week before; and soon after he said it was the first fact that ever he did, and said he was very sorry for it now it was done. We took him before Justice Wilmot. He ordered us to take him to New Prison.

Q. What is the prisoner?

Shepherd. He is a smith. I have known him about two years.

Prisoner's Defence.

I never did such a thing in my life before. I was in liquor when I did it. I was born in the year thirty-nine.

Guilty. Death . Recommended .

612. (L.) WILLIAM BARNS was indicted, for that he being an officer and servant to his majesty's post-master-general, and was employed in the General-post-office, in paying back sums of money that had from time to time been overcharged for letters, did unlawfully and deceitfully make in his book fictitious entries, with intent to defraud the king of the sum of 37 s. and 4 d. to which he pleaded guilty .

Sentence respited .

613 (L) John Marishel was indicted for unlawfully and deceitfully intending to defraud and cheat George Ritherdon , goldsmith , in selling and delivering to William Benn , his servant, a quantity of copper mixed with burnt silver lace, for good silver, well knowing it was mixed with copper , &c. July 25 .

Acquitted .

He was detained to be tried for another such like offence.

Ruban Biggs , capitally convicted in July sessions, received his majesty's most gracious pardon in September session, on condition of transportation during his natural life .

Joseph Stackhouse , William Litchfield , John Anning , Joseph Godwin , Joseph Simpson , and George Law , capitally convicted in September session, were executed on Wednesday the 18th of October.

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

Received Sentence of Death, 11.

Richard Barnsby , Andras Kendrick Langrave , George Crowder , William Clark , John Simmonds , William Troy , John Doyle , John Valline , James Fife , Mary Davidson , and John Maycock .

2 Sentence respited.

Peter Perrin , and James Fessey .

Transportation for 14 years, 1.

Joseph Mahon .

Transportation for 7 years, 20.

Joseph Smith , John Cave , Samuel Mitchel , Elizabeth Bradshaw , Francis Phinick , Benjamin Housden , John Cook , Richard Neil , Ann Kidder , George Croucher , Martha Darlow otherwise Tomlin, Christopher Lewis , Joseph Johnson , Jane Davis , John Cook , George Wale , Hannah Knope , William Duggan , William Fitzpatrick , and Martha Young .

Branded, 2.

Thomas Lewis , and John Leveridge .

Whipped, 4.

William Acton otherwise John Hawkins , Robert Farrell , Elizabeth Anderson , and Samuel Barnton .

Ruban Biggs , capitally convicted in July sessions, received his majesty's most gracious pardon in September session, on condition of transportation during his natural life .

Joseph Stackhouse , William Litchfield , John Anning , Joseph Godwin , Joseph Simpson , and George Law , capitally convicted in September session, were executed on Wednesday the 18th of October.

In a few Days will be published,

THE Proceedings on His MAJESTY's Commission of Oyer and Terminer, and Goal Delivery for the High Court of ADMIRALTY of ENGLAND, held at Justice Hall in the Old Bailey, on Monday and Tuesday, the 30th and 31st of October, 1769.

With the SUBSTANCE of the ARGUMENTS of the COUNSEL for and against the PRISONERS Condemned for robbing the DUTCH SHIPS.

Taken in Short Hand by THOMAS GURNEY .

Printed for J. and E. Rivington, at No. 62. in St. Paul's Church-Yard.

Just Published, Price bound EIGHT SHILLINGS,

Curiously engraved by the best Hands, a new Edition, being the SIXTH,

( Dedicated, by Permission, to the Right Honourable JOHN EARL of BUCKINGHAMSHIRE, Baron of Blickling, one of the Lords of (the Bedchamber to his Majesty, and one of him Majesty's most Honourable Privy Council)

BRACHYGRAPHY: OR SHORT WRITING Made EASY to the MEANEST CAPACITY.

The Whole is founded on so just a Plan, that it is wrote with greater Expedition than any yet invented; and likewise may be read with the greatest Ease.

By THOMAS GURNEY , Writer of these PROCEEDINGS.

Sold by Mr. Buckland, Mr. Rivington, Mr. Dilly, Mr. Wilkie, Mr. Johnson, Mr. Williams, Mr. Dartnall, Mr. Curtis, Mr. Kearsly, Mr. Payne, Mrs. Onion, Mr. Pearch, Mr. Harris, and by the Author, at his House on the narrow Wall, Lambeth; also by his Son, Joseph Gurney , Bookseller in Holborn.

Note. The Book is a sufficient Instructor of itself; but if any Difficulty should arise, all Letters Post paid) to the Author shall be duly answered.