Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 17 April 2014), December 1769 (17691206).

Old Bailey Proceedings, 6th December 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 6th, Thursday the 7th, Friday the 8th, Saturday the 9th, and Monday the 11th of DECEMBER, 1769.

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



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


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

BEFORE the Right Honourable WILLIAM BECKFORD , Esquire, Lord Mayor of the City of London; Sir Richard Adams , Knt. * one of the Barons of his Majesty's Court of Exchequer; Sir Joseph Yates , Knt. + one of the Judges of his Majesty's Court of King's Bench; James Evre , Esq; ++ Recorder; and others of his Majesty's Justices of Oyer and Terminer, of the City of London, and Justices of Gaol Delivery of Newgate, for the said City and County of Middlesex.

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


Francis Pyner ,

Robert Faulkland ,

Matthew East ,

William Shrubb ,

Thomas Hackney ,

William Wright ,

Edward Gardener ,

Samuel Taylor ,

Robert Spratling ,

Richard Spicer ,

Thomas Bateman ,

John Bodley .


John Gregory ,

Henry Williams ,

James Grindley ,

Charles Churchman ,

Dormer Heiford ,

Thomas Greening ,

George Puller ,

John Daves ,

James Wingfield ,

Thomas Webb ,

Francis Cann ,

Nicholas Phillips .

1. (M.) John Clark was indicted for stealing a Turkey oil-stone, value 4 s. the property of George Ashley , one other Turkey oil-stone, value 2 s. one carpenter's plough, value 18 d. and one hand-saw , the property of Thomas Gibson , November 30 . *

Thomas Gibson . I am a journeyman carpenter . I was at work at a new house in the parish of Kensington , under Mr. Clark, a builder. The prisoner had worked for the same master, but not at the time the things were lost, which was this day week, at night.

George Ashley . I am a carpenter , and was at work at the same building.

Mr. Pickering. I am a broker, and live next door to St. Giles's church. The prisoner brought one of these Turkey stones and the plough to me about seven last Thursday morning: he said they were his own. I asked him where he worked; he said in the Ruins in St. Giles's. I went with him to see if any body there would say they were his; but he could not find any body that knew him: then I supposed he had stole them. I gave the constable charge of him, and he was taken to the Round-house; then a little boy came and said the prisoner had left a saw and oil-stone at a public-house for liquor. The constable went and brought them. (The tools produced in court, and deposed to by their respective owners, who with the constable deposed to the prisoner's confession before Justice Welch of his stealing them out of the building.)

Prisoner. I have nothing to say.

Guilty . T .

2. (M.) William Smith was indicted for stealing a linen gown, value 6 s. and one child's frock, value 6 d. the property of David Chapman , October 21 . *

David Chapman . I live in Hackney-Road, in the parish of Shoreditch . My wife's gown and child's frock were taken away, as they were hanging in the yard to dry, on the 21st of October, about four in the afternoon. We heard nothing of them till the 31st of the same month, when two men that belonged to Sir John Fielding came and said they had taken the man who stole my wife's gown, and that it was at Mrs. Geary's, a pawnbroker in Sun-Street, near Long-Alley, in Moor-Fields. I went there on the first of November, and got it; and the evidence Harris told me where the frock was. I went and got that.

Ann Geary . I am a pawnbroker in Sun-Street. I took in the gown of Thomas Harris on the 21st of October, about nine at night.

Thomas Harris . I am eighteen years of age. I am a weaver. I have known the prisoner about a week: I met him coming down Hackney-Road on a Saturday. He said he had made a guinea, he believed, and he had made a gown and frock. It was then dark. He said people saw him, and he had put them into a cart, and if I would go with him to pawn the gown, he would pay me for it. He took me round the fields near Islington-Road, into a barn where was a cart, into which he had put them. I took and pawned the gown to Mrs. Geary. We told John Pullin and William Hains of it the next day, out of fun. As Mrs. Geary knew me, they desired me to go into the country with them. I said I had no money. They said they broke open a house, and had got some, and if I would go, I should have some as far as it went. I was going with them, when one of them picked a gentleman's pocket, and he laid hold of me; upon which I confessed to him this fact.

Prisoner's Defence.

He speaks very wrong. I am as innocent as a child unborn. I am a wheelwright by trade.

Acquitted .

3. (M.) Thomas Cave was indicted for breaking and entering the dwelling-house of Lady Albany, Viscountess Middleton , on the 22d of November , about the hour of five in the night, and stealing a table-clock, value 10 l. ten linen table-cloths, value 10 s. thirteen linen napkins, value 5 s. the property of the said lady; a woollen great coat, value 5 s. a man's hat, value 5 s. a silver table-spoon, value 5 s. two silver tea-spoons, and a pair of silver shoe buckles, the property of Robert Hobourn , in the said dwelling-house . *

Robert Hobourn . I am servant to Lady Middleton, in Albemarle-Street . On the 22d of November, at night, before I went to bed, the doors and windows were made fast, and the bells put up to the windows. I went to bed about a quarter after ten. My lady was out of town, so there was only a woman, that my lady hires by the week, in the house, when she is out, and myself. After the watch went half an hour after five, I heard a noise; imagining the woman was up, making fires all about the house to air the rooms, as my lady was expected home that morning. I heard the bells ring, and I thought I heard a poker fall. After that I heard a very great noise of a fall, which shook the bed I lay upon; which I found afterwards to be an iron chest which they had brought out from a water closet in the parlour, which could not be removed there by one man. When I got up in the morning, which was about a quarter before seven, as I was coming down, the woman was rather before me (this noise continued till almost seven). I said to her, Pray, have you been up stairs to make the fires? She said no. Then I said the house is robbed. We found the street door open. I ran down to see how they got in. I found they had opened all the doors below stairs. I found the back door open, the bells all taken off, and thrown into the area (the kitchen is below-stairs ). When I was in the housekeeper's room, that opens into the area, I saw how they got in. There is a press, which had been broke open, and a great deal of linen strewed about the floor; the window-shutter was broke which looks into the street, rather under the area: it was an inside shutter: the screws were taken out where it was fastened down, the sash up, and a quarry near the place seemed to be cut out with a diamond. The screws I found in the coal-hole. There is no outside shutter, but there is a bar goes down across the inside shutter, and it is fastened with a thing that turns round. I believe they must pull their clothes off to put their hand in to turn that thing. There were a great deal of table linen and fine sheets taken away. I mist my own silver buckles, two tea-spoons, one table-spoon, and my hat. My buckles I had left in my shoes, at the bottom of the stairs, when I went to bed. I then went up stairs, having heard a noise there; where I missed a table-clock, and some tea which they had taken out of a tea-chest. They had bent up the lid of the iron chest, and finding it contained only writings, they opened it no further. As soon as I had cleaned myself, I went to the watchmaker, and got the clock described; then I went to Sir John Fielding , and got hand-bills dispersed about among the pawnbrokers. I never saw anything of my own things again. I saw the prisoner, when he was brought to Sir John Fielding's, on the Friday morning following.

Jane Milliot . I am servant to Lady Middleton. I was out of town at the time this happened. (Thirteen napkin produced in court.) There were several such napkins of my lady's missing when I came home. These have the same marks, a coronet with seven balls, and the letter M under it, with the date underneath when made. These have 1752 on them. Such we had, and such are missing. These I think must be my lady's.

Hobourn. I know my lady's linen was marked as these are.

Nicholas Bond . I am employed by Sir John Fielding . We had repeated informations concerning these things of Lady Middleton's, and we had a suspicion of the prisoner: hearing where he lived, we acquainted Sir John with it: he lived in a court in St. Martin's Lane that comes out into Bedfordbury. I believe he is a jeweller. Sir John ordered Wright and I to watch both ends of the court last Thursday was sevennight, the day after Lady Middleton's house was robbed. Wright was there about twelve, and I about one. When I came, he told me there were four people went by him, and went into that court, all people of ill fame, and they had taken two in custody, but the other two were gone. We waited till six in the morning, he at one end, and I at the other. We set two people at the door where Cave lived, to watch that no body came out. There was an old man like a porter going out to work; I said to Mr. Wright, We had better go now, and if there is any thing, we shall find it. We went up and knocked at the door. The prisoner came and opened it. We went in, and in searching a box, I found these thirteen napkins, and other things, in a room where the prisoner and his wife were in bed. We took him in custody: searching his wife's pocket, I found a watch. We sent them to Bridewell. I found also a dark lantern, a tinder-box, and some matches. He said he bought the napkins of a Jew when before Sir John.

Henry Wright confirmed that of watching and taking the prisoner, and finding the napkins and other things, with the dark lantern, in the prisoner's room.

Prisoner's Defence.

There are Jews frequent the passage where I live; there they bargain one with another: one of them brought me some cornelians to work up for him. I saw him offering these napkins and other things to sell. I asked him what he would have for the napkins; he said a dozen shillings. I bought them of him for ten shillings. I gave him a guinea, and he gave me eleven shillings out of it. I bought them to make clouts for my wife. I live in Dawson's Alley.

Acquitted .

(M.) He was a second time indicted for breaking and entering the dwelling-house of Charles Youd on the 12th of November , about the hour of seven in the night, and stealing a cloth coat and waistcoat, value 5 s. two pillows, value 5 s. two linen pillow-cases, value 12 d. a silk therese, a muslin handkerchief, and two linen towels, the property of the said Charles, in his dwelling-house . *

Charles Youd . I live in Hemmings's Row, St. Martin's Lane . My house was broke open on Sunday evening, the 12th of November, between six and seven o'clock. My family was all out at the time. I went out about ten minutes before six, and returned about nine. We did not fasten the outward door, there being lodgers in the garret, and also in the kitchen; but we fastened the shop door that opens into the entry. When we returned, we found the staple was forced out, and that the bolt had been forced. The door was cracked across, and burst open. We missed the till, lock and key, and some half-pence out of the shop. (I keep a chandler's shop.) Out of the next room to the shop I lost three silver tea-spoons, a pair of wooden tea-tongs, and a petticoat of my wife's; and in another room beyond that, we lost all our clothes that we pulled off, two pillows, two pillow-cases, a work-basket with new work in it, and a small deal box with a great many things of my wife's in it; also a large pier glass. The two doors to the back room we left open: they were on the ground floor, and no other way to them but through the shop. I have put nothing in the indictment but what was found again. When the prisoner was taken up, I went to his lodgings, and there I found my two pillows and pillow-cases on his bed, the work-basket, and some more trifling things of my wife's. (Produced in court, and deposed to.)

Mary Youl . I am wife to the prosecutor. These pillows and pillow-cases, work-basket, muslin handkerchief, and therese, are our property. The pillows were on our bed when we went out on the Sunday morning, and the other t hings were in the back room behind the shop. I know my husband fastened the shop door when we went out, but the door was broke and forced open when we came home.

Nicholas Bond . On going a second time, about four in the afternoon, to the prisoner's lodgings with Mr. Youl, we found the two pillows on his bed. I found the therese, the first time of going in, in the morning.

Prisoner's Defence.

He says he found these pillows in the room, but he did not mention forty guineas that lay under the pillows, and which I never received any account of.

Bond. I am very glad he has mentioned that. It has given me a great deal of concern. He never mentioned any thing about money when we took him and his wife out of the room, tho' we were some time with him there, the time he was dressing himself. He did indeed mention some money when before Sir John Fielding , but upon my oath I found no money there.

Wright. He only said he had nine guineas there, which he said he received in a lump of butter from the country. We found no money, except fourteen shillings in silver, and a five-and-threepenny piece, which Mr. Bond took out of his wife's pocket, with a silver watch: but that money was delivered back again.

Prisoner. These things were brought by a Jew, with a basket of cornelians, which I told him were not worth cutting.

Acquitted .

(M.) He was a third time indicted for stealing a cloth coat, value 30 s. and two pair of cloth breeches, value 15 s. the property of William Tyas , in the dwelling-house of the said William , November 19 . *

William Tyas . I live in Chandois-Street, Grosvenor Square . I lost a blue cloth coat and two pair of breeches on Sunday the 19th of November last, a little before six in the evening. I was not at home at the time. I came home about half an hour after. On the Saturday following, in the evening, I was ordered by some of Sir John Fielding 's people to attend there. At the Brown Bear I saw my coat and one pair of breeches. ( Produced in court, and deposed to.) My wife was at home at the time the things were taken. As we found the sash was pushed up, we imagined the prisoner got into the room that way.

Nicholas Bond . I found this coat and pair of breeches in the prisoner's lodgings at first going in in the morning, hanging on the back of a chair, close by his bed side.

Prisoner's Defence.

I had these clothes of the same Jew. I bought them of him for my own wear.

Acquitted .

(M.) He was a fourth time indicted for stealing two silver watches, value 3 l. and one silver box and case for a watch, value 10 s. the property of William Brightwell , in the dwelling-house of the said William , November 23 . *

William Brightwell . I live in Great-Poultney-Street , and am a watchmaker . Last Thursday sevennight, about eight at night, one of the squares of my window was broke, and the show glass where my watches were was removed up to the window, and two silver watches and a pair of cases were taken out. I was not at home, but near home, at the time, and when I came home (being sent for) I found the show-glass standing at the hole. They were in the show-glass when I went out, about an hour and a half before. I had an information from the Public-Office at Bow-Street the Monday after to go there: they had advertised one found in the possession of the prisoner Cave. I went, and Mr. Bond showed me one of the watches. (Produced in court, and deposed to.)

Nicholas Bond . This watch I found in searching the prisoner's wife, in her pocket, when I took them in custody, on the 24th of November.

Henry Wright . On that Friday morning I searched the prisoner, and found this watch-case in his waistcoat pocket. ( Produced and deposed to by the prosecutor.)

Wright. I thought the prisoner had been a taylor. I asked him what he was; he said he was a jeweller.

Prisoner's Defence.

My waistcoat has no pockets; it was in my coat pocket. I had that watch of the Jew. The case he left in my possession till the next day.

Acquitted .

(L.) He was a fifth time indicted for stealing a sattin saque and coat, value 5 l. a sattin gown, value 40 s. a silk gown, value 27 s. three yards of silk, value 50 s. and a stuff gown, value 5 s. the property of George Miller , privately in the shop of the said George , November 11. ++

George Miller . I live at No. 53 in Bow-Lane, Cheapside , and am a silk-dyer in the garment way. On the 11th of November, in the evening, between seven and eight o'clock, my shop was robbed of a white flowered saque and coat, a pink sattin night-gown, a gray watered tabby gown, all unripped and put together, in order for dying; three yards of blossom-coloured silk; this was brought to me, in order to dye with this gown, to match in colour, which has been found in the prisoner's possession. There was a pane of glass that had some cracks in it, which I found was taken out. The shop was not shut up. There was a candle on the counter. I suppose they put in their hands, or other instrument, in order to draw these things out. My shop was left without any body in it. I had called my apprentice to me backwards, for it might be ten minutes or a quarter of an hour. These things lay in the window, upon a shelf, under where the pane of glass was in part taken out. Some of them stood upright. I sent my boy out of the dye-house from me on an errand, and as he went out at the door, a neighbour's apprentice said to him, Sam, I am watching two men that I saw put their hands into your window. The boy immediately came back and called me into the shop, saying, Sir, there is a piece of glass out of one of the panes, and here are some things missing. I soon missed three of the things, and found the pieces of glass out. I immediately went up to Sir John Fielding , and gave him the number of the three things which I had then only missed. I also had them advertised. About a fortnight after, Mr. Bond sent to me, to go to the Brown Bear , in Bow-Street, to look at some goods there. I went. He told me he had taken them out of the prisoner's lodgings. I know the silk; it was shot with a violet or blossom colour. (The remnants of silk produced in court, with a waistcoat.) This is the silk, and here is a waistcoat, which Mr. Bond will give an account of. The front of it was made off from this very same silk. (He puts the silk to the waistcoat, and it exactly fitted to the cut of the upper part of the waistcoat; so that he was very able to swear the front pieces of the waistcoat were cut off the same piece of silk, they being indented, as it were, to each other.) I swear it very safely, the fronts of the waistcoat were cut from those pieces of silk.

Nicholas Bond . I found these two remnants of silk in Cave's lodgings, where he was in bed, on Friday was sevennight, about six in the morning, with the other things, in a box not locked. I suspected, at that time, it was Mr. Miller's, because I took his register down when he came to Sir John's on the Saturday night. I found the waistcoat also in his lodgings.

Prisoner's Defence.

It is my great misfortune, that I bought that silk, with some other things, three or four days before they were found in my house. I gave half a guinea for it to a Jew. I had then a taylor at work in my room: he cut the waistcoat out, and made it up.

To his Character.

William Robinson . I keep a chandler's shop in Bedfordbury, St. Martin's Lane. I have known the prisoner these two years. When first I knew him, he was a jeweller, since that he was taken sick, and went into the country; then he came again, and was a waiter at a tavern in St. Ann's. I never knew any thing dishonest of him.

Edward Wingate . I am a painter. I live in the house where the prisoner did lodge for the time he lived in the house, which is going on four months. He always behaved in a very decent manner. He was always in bed by ten o'clock.

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

4. (M.) John Ward was indicted for stealing two holland shirts, value 8 s. the property of John Greenwood , October 20 . +

Mrs. Greenwood. I am wife to John Greenwood . I lost two shirts, the property of a young man that I wash for, on Friday the 20th of October. They were brought to me by a gentleman that stopped the prisoner with them. (Produced in court, and deposed to.)

Dr. Cherrington. On Friday the 20th of October, as I was coming down Paradise-Row, in Chelsea, to go to my own house, the prisoner came by me in a rushing manner, and had like to have thrown down my little boy that I had in my hand. I turned to him, and said, You brute, why do you push the child? He went forwards a dog's trot. He seemed to be an active young man, and had a bundle under his coat, on his left breast, supported by his right hand. Soon after this I heard the cry of - Stop thief! that is the man. He was but a little past me. Then I called out - Stop thief! that is the man. Immediately Mr. Atkinson stopt him. He begged of Mr. Atkinson to let him go. Upon which Mr. Atkinson said, That is the bundle that is dropped. I saw it on the ground before I came up, but it was rather in motion on the ground. I did not see the prisoner drop it. I took it up, and carried it with him towards the water-side. In going along, I met the daughter of Mrs. Greenwood: she said they were stole from her mother. Soon after that I met the mother, who said it was her linen. We went to the headborough's house, and there I delivered the linen into his hands. The prisoner was taken to the cage. The prisoner wanted to make his escape, and begged of me to let him go. I said, I am very sorry for you as a man, but, as a publick offender, you must be punished. (The shirts produced, and deposed to.)

Mr. Atkinson confirm'd the above account.

The prisoner said nothing in his defence.

Guilty 10 d. W .

5. (L.) John Williams was indicted for stealing a linen handkerchief, value 18 d. the property of a person unknown, Nov. 9 . ++

William Pain . On Lord Mayor's day, I was coming towards the Mansion-house on the North side of St. Paul's . I saw the prisoner with another little boy with him. I very well knew what they were. I saw them attempt to pick several pockets between there and Cheapside . Just by the crossing over, the little boy attempted to pick a gentleman's pocket. I saw the handkerchief was very visible. He not being quick enough, the prisoner stepped forward and took it, and was turning back. I said to the gentleman, You have lost your handkerchief. He felt, and said he had. I took hold of the prisoner, and said, Where is the gentleman's handkerchief? He said, he had none. I took it from between his waistcoat and shirt. I got him out of the mob and took him to the Compter. But I lost the gentleman that owns the handkerchief in the crowd. The Alderman thought proper to commit the prisoner and bound me over to prosecute. (A red and white handkerchief produced in court.) This is it. I saw the prisoner take it out of the gentleman's pocket. The prisoner told me he was a plaisterer.

Prisoner's Defence.

I went to see my Lord Mayor's show. I took this handkerchief off the ground, and went to blow my nose, and then I put it up.

He called Sarah Phillips and John Wyre , a shoemaker, who said he was a shoemaker, and worked with Wyre the last twelve months, and had a good character.

Guilty 10 d. T .

6. (L.) Henry Williams was indicted for stealing three quartern loaves of wheaten bread, value 18 d. the property of Samuel Stroud , Nov. 17 . ++

Samuel Stroud . On the 17th of November, I left my bread basket at No. 124, in Holborn , and went with a quartern loaf into Castle-yard. I had been absent about ten minutes. When I came back there was the prisoner in custody.

George Pigg . I saw the prisoner take three quartern loaves from the prosecutor's basket, and put them under his arm. I followed him about forty yards and there I stopped him, and brought him back to the basket, and made him put the loaves in again.

Prisoner's Defence.

I met a baker going up Holborn. He bid me go to his basket and take three quartern loaves. I did not know but it was his basket. Accordingly I did. Then the gentleman came out of his house and asked me where I was going. I told him I was going to a person that bid me take them out. I am a baker.

Pigg. He told me a man sent him for them, and that he was opposite the way, but I saw no such man as he described.

The prisoner called Edward Williams , his father, who said, he had brought him up well, and this was the first offence that he had heard of him: that he had put him apprentice to a baker, but he and his mistress could not agree, and he had come away, and been with him two or three months.

Guilty 10 d. W .

7. (L.) William Riley was indicted for stealing six yards of cotton cloth, called chintz, value 6 s. the property of the united company of merchants trading to the East-Indies . It was also laid to be the property of a person unknown, October 18 . ++

John Milbank . I work in the India warehouse. We were weighing goods in the warehouses in St. Helen's . The prisoner was employed there with others. I saw him put a piece of chintz into his breeches. He went out of the warehouse and was gone about ten minutes or a quarter of an hour. There were two or three others working with me. I told them of it. They said it was very well, and cried, Hush! or something of that kind. After that, I told another man or two of it. About a day or two after, I was desired to go and tell Mr. Rudock of it. I did not chuse to do it. After that, Mr. Rudock heard of it, and sent for me, and I told him, as I have here. It was in a bale that came to be surveyed. They are all opened before they are surveyed. I am a labourer under Mr. Rudock.

Joshua Rudock . On the 14th of October, there was a regular account taken and set down in a book. A few days after, a King's officer, whose business it is to attend there, told me he was afraid there would be a deficiency in these chintzs. We found by the account we had lost five or six-and-twenty pieces or more. Milbank told me much the same as he has here.

Prisoner's Defence.

I am innocent. I know nothing of the thing laid to my charge.

He called Sir Eglin Alstone, Baronet, who had known him six or seven years, Thomas Hulston , a breeches-maker, seven or eight years. George Ewen , James Stewart and William Batten , three King's officers, John Gerton , of Kent-street, John Bowler , John Lisle , Richard Clark , David Cosden , Daniel Maiden , and John Wise , labourers in the warehouses, who gave him a good character.

Acquitted .

8. (L.) Robert Smith was indicted for stealing eighteen china-ware basons, value 20 s. twelve china tea-cups, value 12 s. and seven other china cups, value 7 s. the property of the united company of merchants, trading to the East-Indies . It was also laid to be the property of a person or persons unknown, Nov. 10 . ++

John Milbank . Mr. Rudock sent me along with a constable to shew him the prisoner, and I shewed him him, and a quantity of china-ware was found in his pocket. Where he got it I cannot tell.

Thomas Rothwell . I had a warrant to apprehend the prisoner and another. I took the prisoner as he was coming out of the warehouse with this china-ware upon him, some in his coat pockets. Going along, I thought he had something in his breeches. I searched him before the Alderman in Guildhall, and found the rest in his breeches. I took him coming out of the company's warehouse in Seething-lane. One of the King's officers that is now here, said to me, Smith was gone, and would have prevented my taking him. I told him I would report him; the prisoner was got out of the warehouse, but not got into the street. (The china-ware produced in court, it was blue and white.)

Mr. Rudock. There is abundance of china-ware of all sorts in that warehouse. I cannot speak with certainty that there were such as these.

Prisoner's Defence.

I brought that china from on board the ship called the Sea-horse at Deptford, about six that morning, and came up to Iron-gate by water, because I would not lose my call. I brought it into the yard, and left it in an old chest, and hid some of it in my breeches, because the officer should not find it upon me.

For the Prisoner.

Robert Bunning . I am a carpenter, and live in Rose-street, Long-Acre. I went with the prisoner on board a ship. I think it is called the Sea-horse. She lay at Deptford. We went on board as near as I can recollect between six and seven in the morning. He bought some china. I did not think it worth my white to buy any. I did not think it worth my notice. I saw nothing that I liked. He bought as much as came to fourteen or fifteen shillings. This was the 10th of last month.

Q. What sort of china were they?

Bunning. There were some cups and some basons, odds and ends he called them; to the best of my remembrance they were blue and white. After that he went one way and I another. I waited for a boat to carry me on shore on the other si de the water; he went up the river in order to get to his work to save his call.

Q. Was you present when he made the bargain?

Bunning. I was.

Q. How many were there of each?

Bunning. I do not know.

Q. Did he ring them?

Bunning. That I cannot say. I saw him examine some of them, he put them into two or three pockets, they were packed in some India paper; he took a boat and went up; he lives in Falcon-court on the other side the water. I called upon him that morning about five or a quarter after, there, and we walked together part of the way, and the remainder part when we came near the place we took boat and went on board.

Q. to Rudock. What time do you call over your men at the warehouses?

Rudock. We call about eight in the morning this time of the year.

Q. to Bunning. How long was you on board?

Bunning. I believe I might be on board about half an hour or better.

John Parkinson , George Hewen , James Stewart , King's officers. Richard Clark , Thomas Mason , Richard Boutell , labourers to the company. William Hill, John Lisle , John Bowler , and Mr. Lovegrove, all spoke well of him as to his character.

Q. to Rothwell. What did the prisoner say for himself when you found the china-ware upon him?

Rothwell. We all asked him if he could give any reason how he came by these goods; he did say in answer, he took them out of the warehouse. This was at Guildhall. The alderman heard him say the same.

Q. Did he say he put them in the warehouse first?

Rothwell. No, he did not.

Q. Did he say he brought them from on board the Sea Horse?

Rothwell. No, he did not.

Rudock. He said he had them out of the china warehouse, and did intend to carry them home. He did not say a syllable of having bought them on board the Sea Horse.

Richard Boutell . The elder took a general survey, to see if any of these chests had been opened and could find none that had.

Q. to Rudock. What may this china be worth?

Rudock. I take it, these are worth about twenty-five or twenty-six shillings.

William Miller . I was present when the china was found upon the prisoner before the alderman. He was asked how he came by them; he said he had them out of the warehouse.

Q. Did you hear him say any thing of having been on board the Sea Horse?

Miller. No, I did not hear him say any such thing.

Guilty . T .

The court recommended to the company to prosecute Bunning for perjury.

9. (L.) John Robinson was indicted for stealing a linen handkerchief, value 2 s. the property of George Newport , November 13. *

William Pain . I went into Guildhall , the first day of drawing the lottery, about one o'clock, where I saw the prisoner and a companion of his together. His companion left him. I keeping my eye upon him, saw him follow a country young man, the prosecutor, but who is not here: his name is Newport. While I was looking at him, the other witness that is here, John Gale , said, That is a pick-pocket. I said, I saw his hand in several pocket, but do not know whether he has got any thing yet. Presently I saw him put his hand into a pocket, and after that he stooped down. I put my hand upon the man's shoulder, and said, I believe you are robbed. The prisoner seemed to be putting something between his waistcoat and shirt. The young man said he had lost his handkerchief. I pulled the handkerchief out from under the prisoner's waistcoat. Mr. Newport appeared before the alderman, and swore to the handkerchief, but has not appeared since, so we have found the bill at our own expence. (The handkerchief produced in court.) The prisoner said before the alderman it was his first offence, and hoped we would pardon him.

John Gale confirmed the evidence given by Pain, and almost in the same words.

The prisoner in his defence said he picked it up from off the ground.

Guilty . T .

10, 11, 12, 13. (M.) Peter Graham , John Underwood , Charles Burton , and John Bagnell , were indicted for breaking and entering the dwelling-house of Valentine Anshutz , on the 2d of November , about the hour of four in the night, and stealing 130 ounces of silver, value 19 l. 10 s. a silver tea-pot, value 2 l. a silver watch, value 5 l. 5 s. a mother of pearl snuff-box, set in silver, a silver strainer, a silver pepper-box, four silver table-spoons, a silver soup-spoon, six silver tea-spoons, a silver pint mug, a pistole, and a red leather pocket-book, the property of the said Valentine, in his dwelling-house . *

Valentine Anshutz. I am a clock-case maker , rather in the fine way, with silver, and live in Denmark-Street . On the 2d of November, in the evening, I went to bed the last of my family, at about eleven o'clock. I had been out, but came home about tea, and found my house fast as usual. I got up in the morning about seven, or rather better. My child, who is about thirteen years old, was with me. She said she believed our house was robbed. We found a gun, a pistol, and a naked sword, lying on the table, in the fore-parlour; overnight the sword was hanging against the wall. I missed 130 ounces of chippings of silver from out of a mahogany bureau, which was broke open in the fore-parlour, and a pistol, which hung with the sword. I lost a pepper-box, four common spoons, a large soup-ladle, a mother-of-pearl snuff-box, set in silver, a box with mourning-rings and some ear-rings, and a morocco pocket-book. I found the window-shutter was wrenched open. It being a dirty evening, I observed a good many marks of feet on the window, on the inside, and on the ground and carpet. There were two chisels found near my house by the watchman; by the marks on the window, it seemed as if wrenched open by them. It was a sash window. I gave notice of it to Sir John Fielding , and had bills dispersed about, and within about ten or eleven days after I was sent for to Sir John's: there I saw my pistol. (Produced, and deposed to.)

Henry Wright and Nicholas Bond deposed there were several informations lodged with Sir John Fielding of houses being broke open, and that Sir John ordered them to watch the house where Graham lived, in Leicester-Street, by Lickapond-Street, near Leather-Lane: that they went there on the 15th of November, at about half an hour after two at night; that they first secured Underwood and Burton, having watched their coming in; then they found Bagnell in bed there. In Underwood's pocket were found twenty-seven guineas and a half, ten shillings and sixpence in silver, a chisel, and a center-bit and stock; and that upon Burton they found a very remarkable guinea, a center-bit, and the stock belonging to the bit, with other bits, which were found in a table drawer in the room; also a tinder-box, an iron crow, a match or two, some gunpowder, and two pistols (one of which the prosecutor owned). Graham did not come in till six o'clock, when they took him.

William Davis and Samuel Johnson , two watchmen, deposed to seeing three men in or near Denmark-Street, between one and two in the night, but did not see their faces, so could not bring any charge against either of the prisoners.

They were all four acquitted .

See Graham an evidence against Bagnell, No.

487. See also Bagnell and Graham both tried for a burglary, No. 477. For Underwood, see the evidence of Mrs. Clifford, No. 522. all in Mr. Alderman Harley's mayoralty.

14. (M.) Margaret, wife of Richard, Roberts , was indicted for stealing five linen sheets, three pillow-cases, one blanket, three pewter plates, one pewter dish, a copper pot, and a flat iron, the property of Mary Popjoy , widow , in a certain lodging room lett by contract , &c. October 1 . ++

Acquitted .

15. Richard Wosley was indicted (together with Christopher Wright , not taken) for breaking and entering the dwelling house of Frances Cowen , widow, on the 28th of October, about the hour of three in the night, and stealing two tin cannisters, value 2 d. four pounds weight of tea, value 20 s. two flowered cotton gowns, three coloured aprons, a brown petticoat, a red bays petticoat, and a pair of stays, the property of William Young , in the dwelling-house of the said Frances . ++

The prisoner's confession being very illegally obtained, he was acquitted .

16, 17. (M.) William Trimble was indicted for stealing five gold pendants, value 30 s. two silver pendants, value 1 s. twenty-four enamelled dial-plates for watches, value 1 l. 4 s. and forty-eight balances, value 6 s. the property of James Upjohn and Gabriel Wirgman ; and John Trimble , his brother, for receiving the same, well knowing them to have been stolen , November 7 . ++

James Upjohn . I am partner with Gabriel Wirgman in the watchmaking way , and live in Red Lion Street, Clerkenwell . On the 7th of November, James Cuthert , a pawnbroker, brought John Trimble to my house, with some gold and silver pendants, and enamelled dial-plates, as suspecting he had stole them. I asked the lad how he came by them; he owned he had them of his younger brother, who was our errand boy , and who was then gone of an errand. When he came home, we examined them separately, and William confessed he got at them by taking off the hinges from the shutters to a mahogany drawer where we keep them, in which drawer we keep enamelled dial-plates. We always found it locked. John Trimble also confessed to the receiving them of his brother. He gave us the key of his box at Sir John Fielding 's: we went with some of Sir John's people, and in his box we found a watch, watch dial-plates, and several other things not in the indictment.

James Cuthbert . I am a pawnbroker, and live at the corner of Red Lion Street, Clerkenwell. On the 7th of November, John Trimble came to my shop with a gold pendant, and wanted 4 s. 6 d. on it. I suspecting he stole it, desired him to leave it, and call again, saying my wife was out, and that I had no change. When he came again I stopped him, and insisted on his telling me where he got it; he said he had it of one Jones, a pendant-maker, at the upper end of Wood's Close. He said he was a maker in the wholesale way, and sometimes he could not complete an order on a Saturday night, and then he sent a pendant to make a little money till his order was compleat. I was determined to go and know whether there was such a person, but at last he confessed he had a brother at Mr. Upjohn's, and that he had them of him. I had taken some of him before, which made me suspect, him. I had taken four gold and two silver pendants, and fifty-four watch dial plates of him at different times, between the 2d of October and the 7th of November, which he pledged in the name of John Trimble . At his first coming, he told me he was a dial-plate-maker, and had given two guineas to learn enamelling, and that he formerly had been a shoemaker, and that he brought them for one John Jones .

John Ufford the headborough deposed, he was ordered to search the prisoner John, and found a parcel of watch balances, four watch glasses and one dial plate in his breeches, and that in searching his box at his lodgings in Aylesbury-street, he found several articles in the watch way, and that he heard the prisoners both confess, one to the stealing, and the other receiving the things of him.

The prisoners in their defence said, they were together in St. John's Lane; and there found the things all together in a brown paper.

William guilty . T .

John guilty. T.14 .

18. (M.) Edward Davis was indicted for breaking and entering the dwelling-house of Edward Lowe , on the 12th of November , about the hour of three in the night, and stealing a window blind, value 4 s. the property of the said Edward Lowe , in his dwelling-house . +

Edward Lowe . I live in Old-street . My house has been twice broke open, the last time was the 13th of November. My servant locked the door over night. I generally go to bed about eleven. I was alarmed in the morning by a man going by, who called, Mr. Lowe, Mr. Lowe, (it was not quite day-light) he said the windows were broke open, but the sash was shoved up and the window-blind gone. I was a good deal alarmed, having lost one hundred and fifty pounds some nights before. I came down, I found the inside shutters were not open. I had made them secure over night, and hung bells upon them. The same man came to me again, and said, a watchman's staff had been left there. I sent my servant to the beadle to know who was watch there for that night. My servant was ordered ot ask me if I had lost any thing; the watchman having brought a window-blind in his hand to the watch-house, who said, he bought it. I thought it very odd for a watchman to buy a blind at that time of the night. I went to the constable with the beadle and my servant to ask after the watchman, who was gone home to bed. (It was the prisoner.) We knocked at his room door several times. He would not make any answer. I came down after that. I was informed he was at home. We went up again. There was the prisoner and my blind laying in the room. We found also a dark lanthorn, and several tools set to break open houses with. This was about ten in the morning.

Stephen Winter . I am apprentice to Mr. Lowe. On that Sunday morning, being alarmed by a man that the window was broke, master went down, and found the window-blind was taken away. While the carpenter was mending the shutter in the morning about seven, I observed the prisoner went backwards and forwards and stood and looked at him. The man that told master of the house being broke, said, he had got a watchman's staff, and brought it to master. When we went to the beadle, he asked if we had not lost a blind. We said, Yes. Then he said, the man that is now at the bar brought in a blind into the watch-house, and said, he bought it. I told my master of it. We went and got a constable, and went to his room; not making him hear, they were going away. I put my head to the door and heard him snore; then the constable broke the door open. The prisoner appeared to be asleep. We spoke to him two or three times before he got up. The blind stood against a chest in his room; there was nobody in the room but himself. I saw the chisels lying in a cupboard, which had marks upon them as if they had been used in bricks; there was a dark lanthorn with a piece of candle in it in a drawer.

John Austin . I am a beadle belonging to St. Luke's parish. I sit up every night in the watch-house. I have seven watchmen under my care; and when I have a vacancy I put one in that man's room. I had a vacancy that night, and I put the prisoner in. He came in late in the morning. I asked him why he staid so late. He pulled off his coat and hat, and sat down his lanthorn. I said, Where is your staff? Said he, I know nothing of it. Then I saw a mahogany blind. I said how came you by that? Master, said he, I found it. Said I, then it is proper it should be left in the watch-house. Said he, I'll tell you how I came by it, I bought it and paid for it honestly; then he took it home. Between eight and nine in the morning, Mr. Lowe's servant came to my house to know what watchman went Old-street beat. Said I, is any thing the matter? The servant said, Yes, my master's house is broke. I said, Has he lost any thing? He said, a mahogany window blind. I said, My watchman has got it. He said, his master desired to speak with me. When I came there, there was the constable; then we went to the prisoner's apartment (he was the watchman that went Old-street beat that night. I had employed him when a vacancy has been) we could make nobody hear. When we found somebody was in bed, we forced the door open; there was he in bed, and the blind in the room. We saw several other things, watchmen's staves, lanthorns, and caps, that had been stolen, which had been used by my own watchmen some time before. We got him up, and carried him to New-prison; it being Sunday, the next day we carried him before the Justice. We found also in his room a dark lanthorn, a tinder-box, and a great many tools, a great deal of worsted yarn, mohair, and other things, that a lady had been robbed of a fortnight before.

Prisoner's Defence.

I was a watchman, and beat every hour. I beat after four o'clock. My fellow watchman went up to the Wind-mill in Goswell-street, and had a pint of purl. I went in, and found this blind lying in a box. I took and carried it down to the watch-house. We were all coming in. My beadle was fast asleep. I carried it home in my hand thinking I should hear of an owner.

Guilty Death . Recommended .

There were other indictments against him for stealing other goods found in his apartment.

19. (M.) Elizabeth ( wife of Thomas) Heskett was indicted for stealing a pair of silk stockings, value 11 s. the property of Richard March , November 20 . +

James Walker . I am servant to Richard March , without Temple-bar . On the 20th of November, the prisoner came into our shop to see some stockings. I shewed her two parcels, none would do. She went out. I immediately missed a pair. I went out after her, and told her, I suspected she had got a pair of silk stockings. She said, she might have a pair, she did not know. She came back, and shook her handkerchief and cloaths, and they dropped from her cloaths. They were rather doubled up not open.

The prisoner said nothing in her defence.

William Grafton . I have known the prisoner twenty years. I never knew any ill of her character till now. She was apprentice to a mantua-maker, and lived by her business. I looked upon her to be an industrious young woman.

Acquitted .

20. (M.) John Randal was indicted ( together with William Houghton , otherwise Allcock, not taken) for breaking the dwelling-house of Stephen Kendrick , on the 17th of November , about the hour of two in the night, and stealing two live geese, value 2 s. the property of the said Stephen. *

Stephen Kendrick . I live in Black-Swan Yard, High-Holborn . About the hour of one in the morning, on the 18th of November, I was awaked by the barking of a large dog that I keep, and heard a crying out among my geese which I had to kill as I had occasion for my own use, and which were in a lumber room in my dwelling-house. There were six of them. I got out of bed, put my waistcoat on, and came into the gallery, when I saw my outward door stood wide open, and my windows and door open into the gallery. The geese were in a room next to the room under my room where I lay. (It is an inn-yard.) It was the bottom door, that leads to the stairs, that I saw open, which leads to some workshops that I have. (I am a file-cutter and grinder.) I have the whole inn and yard upon lease, and I reserve these apartments to myself. Great part of it I lett to a hackneyman, and keep stabling for my own horses. This lumber room is under the roof of my dwelling-house, and a part of it. As soon as I came into the gallery, I heard voices, and thought I knew one, which called my bitch by her name. I heard them catch a goose, and heard her flutter very much. They killed her. Then I cried out - Stop thieves! having nobody to assist me. The moon shone very bright. There came out a man with a great deal of composure, and asked me what was the matter. He saw me in the gallery. I made use of an oath, and said he was a thief. They were stealing my geese; but I knew one of them. He called me a thief, and said, if I did not go in, he would shoot me; but before the words were well out of his mouth, I heard something snap. I saw his hands together. I made use of another oath, and bid him shoot away. I drew back, but did not go in. Then I saw two more men come out of the same door. There is a little ride that shaded that, so I could not see them; but I heard them go down the yard. It was a very cold night, and being almost naked, I went to bed again. I had only two little boys in the house: I called to them to get a candle, and to go and look among the geese, for I thought some of them were killed. The boy went, and came and said there were three missing. When I got up, which was between seven and eight, I missed only two. I went to Justice Welch, and got a warrant against the evidence, Arthur Simms , whose voice I knew, for being a disorderly apprentice. He had been gone from me six months.

Q. Was that outward door fast at your going to bed?

Kendrick. I locked it myself. In the morning I observed no marks of violence upon the door, but found it unlocked on the inside. On the Sunday week after, I had intelligence he was at a chandler's shop. I went to take him; but he ran when he saw me. I having boots and a great coat on, he outran me. I called - Stop thief! and he was stopped at the corner of Lincoln's Inn-Fields. I brought him home, and desired the people to keep him till I got a constable; but when I returned, I found they had permitted him to go up into his room. I was told, if I would go to him, he would tell me every thing about it. I went up, and he told me. He is here to be examined, and will give the account himself. I never found my geese again. Then I got a warrant on his information against the prisoner. I cannot say I ever saw him till I saw him at Mr. Welch's office. I heard him examined there. He confessed that he, the evidence, and one Houghton, met at the One Tun, at the corner of Field-Lane, went down the Fleet-Market, and so into Fleet-Street. I think he said he either primed a pistol or loaded it, and then they were determined to come and rob me of these geese. He acknowledged how the fact was done. He said, the evidence got over the coach-houses, then into the gallery, and so came down, and let himself and Houghton in; and that Simms called my bull-bitch by her name, and clapped her. The justice asked him if he heard Houghton and I have words; he said he was backwards, and did not hear it. He said they carried the geese to Blackboy-Alley, to a house there.

Q. How much of his time has Simms served?

Kendrick. I think he came apprentice to me in February 1762. He is a parish apprentice from Dorsetshire.

Arthur Simms . I had known the prisoner about seven weeks, when he and Houghton persuaded me several times to go and rob my master. He, I and Houghton were together that night, at the One Tun, at the corner of Field-Lane. We went from thence down Fleet-Market, into Fleet-Street, intending to stop somebody. When we came into Fleet-Street, the prisoner pulled a pistol out of his pocket, and put some gunpowder into the pan. We then went through Clare-Market, and so came to my master's about one in the morning. Then I got over my master's gallery rails into the gallery: Houghton lifted me up. I went down and unlocked the bottom door; the key was in it; and then the bull-bitch began to bark. I called her by her name, and kept her quiet. The prisoner and Houghton then came in. I catched two of the geese, gave them to Houghton, and he killed them. They made such a noise, they disturbed master, and he came out. Houghton went out to the door, and had some words with master: he bade master go in, or he would absolutely shoot him. Then we all went out of the yard into Holborn, and staid there about ten minutes. The outward door of the inn yard was open. We all of us returned into the inn yard again. The two geese lay behind the door; I took them up, and gave Houghton one, and Randall the other. Houghton tied them in his apron, took them away, and I never saw them after.

Mr. Samuel Clay . On the 26th of November I was sent for to Mr. Welch's, where were warrants against Randall and Houghton, and I was desired to see if I could apprehend them. I took the evidence with me, and apprehended Randall in Field-Lane. I took him before Justice Welch. When he came there, he confessed every thing. He and the evidence did not differ in the least in the account they gave of going from the One Tun to Fleet-Market, from thence into Fleet-Street, and in assisting to lift the evidence over to let them in, killing the geese, one taking one, the other the other, to Blackboy-Alley, to one Mrs. Hall's. He made a free and voluntary confession, with only being asked what he had to say for himself. He confessed immediately.

Prisoner's Defence.

The evidence has taken a great many false oaths. I was at the One Tun, and they desired me to go. I was very fuddled. Houghton and he had made an agreement to go before, and desired me to go; at last I agreed. We went up Fleet-Street. I do not know whether he had a pistol or not. I stood at the lower part, and Houghton lifted the evidence up; he then opened the door, and went in. I never was in the room. We went from thence into Holborn, and staid about ten minutes; then we came again, and the evidence then fetched the two geese out, when Houghton took them, put them into his apron, and took them to Mrs. Hall's, in Blackboy-Alley.

Guilty. Death . Recommended .

21. (M.) Timothy Erwin was indicted for that he, with an offensive weapon called a stick, on Joseph Camage did make an assault with intent the money of the said Joseph to steal , Nov. 18 .

The Prosecutor was called, but did not appear.

Acquitted .

22. (M) Elizabeth, wife of William Devis , was indicted for stealing a stuff gown, value 8 s. a silk cloak, value 12 s. two linen aprons, value 3 s. two shifts, value 3 s. a silk handkerchief, value 3 s. and two pair of cotton stockings, value 12 d. the property of Dorothy Kelly , widow ; now Dorothy wife of Thomas Ridle , July 26 . *

Dorothy Ridle . I sell fruit in the Strand: I lodge in Drury-lane . The prisoner lodged with me about a fortnight. She went away last cherry-time; I cannot tell the day of the month or week. She behaved well the time she staid. When she went away she took the things mentioned in the indictment with her. She was taken last Wednesday se'nnight, with my gown on her back, and brought into the Strand to me by Elizabeth Thompson . (The gown produced and deposed to.) She said she took the things to go down into the country to see her children. She had pawned a handkerchief of mine in Bridge-street, where I found it. (Produced and deposed to.)

Elizabeth Thomas . I knowing this gown to be the prosecutrix's, stopped the prisoner with it, and took her to where the prosecutrix sits in the Strand.

Prisoner's Defence.

My husband has been twelve months last Thursday in the Savoy. I wanted to go home to see my children in the country; and, as she had given me leave to make use of her things before, I took these things to wear, not thinking I should stay so long.

Q. to the Prosecutrix. Did you ever give her liberty to wear your things?

Prosecutrix. I have given her liberty to wear handkerchiefs and caps, or so.

Acquitted .

23. 24. (M.) Timothy Drury and Christopher Maulton , were indicted for stealing 280 pounds weight of old iron, value 25 s. the property of Kindar Mason and Arthur Jones . Nov. 15 . *

Stephen Brown . The prosecutors live at No. 12 in Mark-lane, Kindar Mason and Arthur Jones ; they are partners and merchants . I have done their business these seven years as a ship-broker. I missed some old iron out of a warehouse in Storehouse-yard about three weeks ago. I set James Lee to watch yesterday fortnight; he can give a farther account.

James Lee . I was set to watch the warehouse up one pair of stairs about nine in the morning. I saw Drury go down the wharf between two and three o'clock; there was one James Ashington with him. I hid myself behind the door, which was fast. Ashington lifted Drury up to the window, who put his hand through the window and shoved a wooden bolt back, and by that means opened the door; he took up three iron bolts and threw them out at the door, and then came back for three more; a man was coming by who shut the door. After which he went to throw those three out, and I catched hold of him. Ashington threw three bolts under a piece of wood and ran away.

Drury's Defence.

He did not carry them out into the street; he put them under the logs.

Drury guilty . T .

Maulton acquitted .

25. (M.) Joseph Brown was indicted for breaking and entering the dwelling-house of Sarah Winford , on the 31st of October , about the hour of two in the night-time, with intent the goods of the said Sarah to steal . +

John Gascoyne . On the 31st of October, about two in the night, I was coming out of my Lord Vane's house, which is in Argyll-buildings. I met a watchman in Argyll-street ; he and I conversed together about five minutes; he saw three men come out of Mrs. Sarah Winford 's house. I saw the last man come out. I ran up to the door, and found it open; that last man was the prisoner. I pursued and called, Stop thief! We pursued into Carnaby-street. The watchman in that street hearing me call, he met us. The prisoner fell down, and I fell upon him. The watchman laid hold of him on one side, and I the other. We got him up, and on conducting him back to the end of Argyll-street, turning round into the street, he pulled out something from his pocket and threw it away, and dropped something on the stones which jingled, then he drew out a clasp-knife, (producing a sharp-pointed clasp-knife about ten or eleven inches long) and opened it; this is it. I saw him make a stab at me. I clasped my hand against my side, and received the point in my arm. I cried out, Watchman, knock him down, I am stabbed. The prisoner kept playing away at me, stabbing at me with his knife. I received one cut in my right finger, and a cut across my coat at my left hip, and several cuts in my hat. In one cut the knife went through my hat and cut a slant cut on the left side my head, which made the blood run to my ear. I received a small scratch with the end of the knife on my forehead on my right temple. (he showed the marks of the cuts in his flesh and on his cloaths) I called to him several times to drop his knife. He said, he would not. The watchman hit him several blows, and at last knocked him down; he still said he would not drop his knife. Then we got him up, and he said he would go wherever we pleased. We carried him to Mrs. Winford's house, and sent to Mr. Spinnage's. The clerk came down and searched the prisoner. He found a bag upon him and a bunch of matches. After that he was carried to the watch house.

Q. How near is the house you came out of to Mrs. Winford's house?

Gascoyne. There are but about four or five feet between our doors. Her house was locked up for a season while she went out of town. There was no body in the house when we took the prisoner; he had no shoes on. We went into Mrs. Winford's house. We could see by marks of their making water against the wainscot, and their nastiness, that there had been three of them in the house.

Robert Stevenson . I am a watchman. I was going round as usual with my lanthorn: Coming past this door, I stopped to speak to the gentleman four or five minutes. In the mean time, three men came out of Mrs. Winford's house. I said, here are three men come out of this house. Said he, they must be thieves. We found the door was open. He pursued. Before he got the prisoner up, I was up at him. The prisoner began stabbing, and he stabbed me through my watch-coat in two places. (he shewed the cuts) We carried him back to the house. After which, I was left in charge of the house, while they took him to the Round-house till the morning.

John Curtis . I am a watchman in Carnaby-Street. Upon hearing the cry of, Stop thief, I directly made that way, when I met the prisoner, and was going to strike at him; but he immediately dropped down; and the other running so fast after him, he tumbled upon him, and in carrying him back, he pulled out some things, and dropped them down. I imagine it was these two keys (producing two small stocklock keys) which were found in the same spot afterwards. He after that pulled out a clasp-knife, opened it, and fell to stabbing away as fast as he could. Mr. Gascoyne cried out he was stabbed. They were so close together, I could not knock him down, without hurting one of the others. He turned his hand back, with intent to stick the knife into my throat; then I knocked him down immediately. We secured him, and took him to Mrs. Winford's house, where we further secured him.

Edward Rogers . I am a locksmith. I was sent for. I tried these keys, they would not open the street-door.

John Mather . About two that morning, I heard a prodigious knocking at Mr. Spinnage's door, I am clerk there. I got up. There was Mr. Gascoyne there and a watchman. They told me a house had been broke open. I went with them to Mrs. Winford's house. I asked him how he came there; he said, he did not know. He said the watchman had knocked him down, and robbed him of his shoes. I examined his pocket, and found this bag, a bunch of matches, and a cord in his pocket. (Produced in Court.) We tied his hands with the cord, and took him to the watch-house.

William Torey . I am a watchman in Marlborough street, and as I was coming up the street I heard the call of, Stop thief. Before I got to the place the prisoner was taken, and they were carrying him back to Mrs. Winford's house. I thought there were enough to take care of him. I stopped at the end of Marlborough street. He made a scuffle to get away, but I came up and laid hold of the back of the collar of his coat. Mr. Gascoyne said he was cut all to pieces. We took him to the house, and from thence to the watch-house, and coming up to Marlborough-street again, I found a pair of shoes upon a bench belonging to a cheesemonger; there were buckles in them.

Sarah Haines . As I was going home on the 31st of October, I found this dark lanthorn in Marlborough-street. ( Produced in Court.)

Ann Diggot . The keys of Mrs. Winford's house were left at Mr. Higden's house by her. There came an order from her to send some furniture from that house down to her. I went into the house for it; when I came out I locked the door, and put my hand to it, and know it was fast. This was some few days before the prisoner was taken.

Mr. Higden. When Mrs. Winford went out she left the key of her door with me; and, by virtue of a letter which she sent the 12th of September, wherein she desired I would let this last witness go and fetch the things she ordered: she went, and brought the key again in about two hours after; and it has never been out of my custody since.

Prisoner's Defence.

I am a poor man, and deal in old cloaths; I did work in gardens. I happened to get up to Hyde-Park-Corner, and got in liquor, and then was making the best of my way home. What these gentlemen here swear to, I know no more of than the child unborn. They took my shoes off; I asked for them when I was in the watch-house; they brought me a pair of shoes, not mine: mine had a pair of silver buckles in them; they would have persuaded me they were mine. They searched me, and took a bag from me and a bunch of matches; which latter I had from a woman who was selling a paper of something in regard to Wilkes, but, instead of that, sold the matches, and gave the paper in, and I gave her a halfpenny. How I came to put the matches in my pocket I know not. When I came to ask for my shoes they used me worse and worse.

Guilty . Death .

26. (M.) Esther Light , spinster , was indicted for stealing a woman's silk gown, value 1 l. 6 s. and three yards of Irish linen cloth, value 7 s. the property of Elizabeth Bailey , spinster , Nov. 7 . *

Elizabeth Bailey . I am servant to Mr. Hall, a distiller, at Moregate. The prisoner was servant to Mrs. Corral in Whitechapel , where I had left my trunk, with the things mentioned in the indictment among other things in it. All were very safe in it the latter end of October; the box was locked, and I had the key. The day after Lord Mayor's day, I went to look in my trunk, and missed my piece of Irish and a silk gown. The trunk I found locked. I never got my things again.

Mary Corral . Elizabeth Bailey left her trunk at my house. I know the gown and piece of Irish were in it. The prisoner was my servant. She came the Wednesday week before Lord-Mayor's day. The trunk was in the room where she lay. She staid till Lord-Mayor's day three o'clock. She would stay no longer. Elizabeth Bailey came the day after to fetch the things away, and missed the gown and cloth. A warrant was taken out, and the prisoner was taken and charged with taking them. She owned she had sold the gown in Rosemary-lane for 1 l. 6 s. to Samuel Whitmore . She owned she took it out of the trunk, and hoped we would not hurt her. We went to Mr. Whitmore's, and he owned he had bought a gown of her, but had sold it the Monday after to a country person.

David Phillips . I was with the constable when the prisoner was taken up. I heard her confess she opened the trunk with a key of her own, and took out the gown, and locked the trunk again, and went and sold it in Rosemary-lane. We went with her to Mr. Whitmore's, who said he bought such a gown of her for 26 s. and that he had sold it.

Samuel Whitmore . I live at the Golden Ball in Rosemary-lane. On the Tuesday before Lord-Mayor's day my wife bought a silk gown of the prisoner for 26 s. it was a pink colour, lined with a dirty coloured white; and on the Tuesday following came a countrywoman and her two daughters; where they live I do not know. I sold it them with other things.

The prisoner in her defence said the gown she sold was her own.

Guilty T .

27. (M.) Margaret Sumner , spinster , was indicted for stealing two shirts, value 6 s. a pair of worsted stockings, value 3 s. a muslin neck-cloth, value 1 s. a silk and cotton handkerchief, value 2 d. and a linen neckcloth, value 3 d. the property of Thomas Wilmer . Nov. 16 . +

Thomas Wilmer . Some time last month, I cannot recollect the day, I lost the things laid in the indictment (mentioning them) from out of my lodgings in Oxford Road . When the prisoner was taken up, she went with me to the pawnbroker's, where one shirt was pawned by her for half-a-crown. I got them all again by her direction but one neckcloth. I never saw her before to my knowledge.

Charles Warren . I lost three shirts the same night. In going to enquire at the pawnbrokers, the prisoner was at one pawning a shirt. I stopped her, and sent for the apprentice, who came and said it was not mine. Then she said she would punish me for stopping her. We took her to the justice's; then it came out who the shirt belonged to. The prosecutor owned it.

Prisoner's Defence.

Another woman desired me to go and pawn it.

Guilty T .

28. (M.) Nathaniel Norris was indicted for that he, together with divers other persons, to the number of one hundred or more, on the 6th of December , did riotously and tumultuously assemble together to the disturbance of the public peace, and did unlawfully begin to down the dwelling-house of Lewis Chauvet , Esq ; +

Capt. Thomas Taylor . On the 6th of December, the day the two convicts were executed, after the execution I was going about business I had to do in Spitalfields: after I had done my business I came to the officer of the guards. The high constable was telling him, that the mob were demolishing Mr. Chauvet's house, and begged of him to advance with his troops; they said they had sent for a magistrate and one was coming. I said, I will go and see what situation the house is in, and I will send you word of it. When I came into the yard, which was about five minutes after one o'clock, there were a number of people before the house; I suppose to the number of four or five thousand; they were in the street as thick as they could stand together. Mr. Chauvet and all his people had forsaken the house.

Q. Where is his house?

Captain Taylor. It is in Crispin-street . I was told by a gentleman the people were got into the house. I said, Why don't you fire upon them, and drive them out? He said, Mr. Chauvet did not chuse to fire at them. I said, give me something, I will. They brought me a brace of pistols. There is a door on the right-hand side; I knocked against it, nobody answered. I said, if they did not open it, I would fire upon them that were in the house. I pressed my foot against the door, whether my foot or they opened it, I cannot tell; it flew open as far as it could, for by the people throwing down a harpsichord, the door could not fly back quite wide; but it was so far open that I could advance in. The people seeing me with pistols in my hands, ran out; some tumbled head over heels out at the window. I could have shot, but, upon looking on my pistols, the powder was gone, and the balls came out into my hand; then I turned and asked for powder and ball.

Q. How many people were in the room when you went in?

Captain Taylor. I believe there were six or eight. I got powder and ball and advanced to the windows, and asked the people if they were not ashamed of their behaviour, and told them the consequence of it. I thought once I had got them into a good humour. There were at that time seven or eight fellows, one of which was the prisoner, who came over towards me, and asked me if I was Chauvet, and said, D - n you, if I thought you was, I'd hang you up directly. I was charging a pistol at the time. I advanced and said, I thank you for the hint, for if you advance one inch farther, I'll blow your brains out. I then shewed them my other pistol; they began to throw stones at me. I could have shot the prisoner several times, but I did not chuse it, for fear of killing women or children. They were hallooing out, Pull the house down - Hang him. I said, what signifies pulling the house down, you had better go home. They said, the Sheriffs hanged the men up like dogs, they would not let them have time to say their prayers. Said I, if you stay till the soldiers come, you will not have time to say Lord have mercy upon me. If they are at you in a direct line, they may kill twenty with a shot. Thus I talked to them five or six minutes. There was a fellow in blue extremely active. He took good aim at my head. The stone hit me on my shoulder. I ran up and should have shot him, I believe, but he squatted down and ran up among the people. I called him cowardly scoundrel. I called for a broad sword. They had none. They brought me a small sword. I said, that fellow shall be dead or alive in five minutes. I came upon the back of the prisoner: he was standing over-right Mr. Chauvet's house. I catched hold of him, and said, I'll have you dead or alive, and if any go to rescue him, I'll shoot them; and pointed my sword to him. I took him away. The fellow said, I should be glad to ask you a question; I said you may propose them before the magistrate. The first thing he said was, he knew all the cutters. I said, You will hang yourself. He said, his wife worked for Mr. Chauvet. I said, There he stands, if you have any thing to say against him, upon my honour, I will be as much your friend as his, if you make it appear he has wronged you. Did you ever hear your wife say he ever stopped any money, or lowered the wages? No sir, said he, he was a good man. Said I, How could you be so bad a man to Mr. Chauvet?

Q. Describe what was done to the house?

Captain Taylor. The window shutters on the left hand side, and the wainscot on the inside, all from top to bottom, and the door that was locked and barred, were broke.

Q. Did you see them breaking them?

Captain Taylor. No: they all ran out head over heels; and there stood till I had loaded my pistols; they had broke all the sash frames in the lower part of the house before I came. The shutters were hanging down. They were in but one room to my knowledge.

Q. Was the wainscot pulled down?

Captain Taylor. No: it was not, it was split in two or three places; they had tried to break into the back parlour. I saw the man in blue throw a brickbat in, which hit the wainscot.

Q. Were any bricks of the house pulled out?

Captain Taylor. I do not know that there were. The stone steps going up to the landing place, were broke.

Court. Are there any evidence that can go farther?

Council. We cannot prove there was any part of the house pulled down.

Acquitted .

He was detained to be tried for a misdemeanour.

29. (M.) William Hamilton , otherwise Scholar , was indicted for that he, being capitally convicted for robbing John Thomas Du Burg , Esq; on the King's highway, of a gold watch, value 20 l. a stone seal set in gold, and two guineas, and afterwards received his Majesty's pardon, on condition of being transported during his natural life. He was seen at large in the parish of St. Sepulchre's , London, on the 27th of September .

See his trial No. 103, and his order for transportation at the end of July sessions, both in Mr. Alderman Harley's Mayoralty.

The record of his conviction read in court. The witnesses would not swear to the identity of his person, so he was acquitted ; but he was detained to be sent to be tried in Surry, for a robbery there on the highway.

30 (L.) James Simpson was indicted for stealing a woollen cloth coat, value 20 s. the property of Thomas Wright , Esq . December 2 . ++

Rubon Cannicot. I am coachman to Thomas Wright ; he lives at Dulwich ; our coach was locked up, and the great coat on the coach box. The key was left in the door, on the out side; the yard gate was all fast, and the yard is walled all round; whoever got the coat must get over the wall. I know nothing of the prisoner; I never saw him to my knowledge before I saw him here at the bar; it was missing last Saturday morning.

Hugh Riley . I am a watchman; and buy old clothes, and old rags, and such things. I met the prisoner with this coat, in Cheapside, last Saturday morning about nine o'clock. He asked me if I would buy it. I went with him down Pater-noster-row, and in a little court that goes from thence to St. Paul's-church-yard, there I bought it, and paid him the money, fourteen shillings; but told him I would not part with him till he sent for a surety. We were in a public-house; he wanted to break thro' the window; I held him, and the man of the house assisted me. I brought him before my lord-mayor; my lord ordered the coat to be advertised, and Mr. Cannicot came and described it before he saw it; and I went with him to Mr. Wrights. (Produced and deposed to by Cannicot.)

Prisoner's Defence.

My brother was a coachman; I had this coat of him; he was coachman to Mr. Hutchinson in Southampton. I offered it to this man; am a bricklayer; my brother has been dead some time; I am a Guernsey man.

Guilty . T .

31. (L.) John Carrol was indicted for stealing a stone dish, value 1 s. four pounds weight of butter, value 3 s. the property of Joseph Shepherd , and ten linen handkerchiefs, value 10 s. the property of a person unknown, November 18 . ++

Joseph Shepherd . I live at No.41, in Tower-street , and am a cheesemonger . On the 18th of last Month, in the evening, between seven and eight o'clock, I saw an arm put in round the post, at the door. It took out a dish with four pounds of butter in it, I persued; the evening being dark, I lost sight of the man. I called, Stop Thief! he dropped the dish and butter in the road, and by the fall of it, I knew which course he went; I went past the dish; the prisoner was stopped at the end of Tower street. I cannot swear he is the man, only by his being running. We brought him back to the shop; going out again at the door I picked up two handkerchiefs, and carried them in; then I went to the dish; there lay three more; then I went and got a constable and search'd him, and found four more upon him, and there was another brought which he was seen to drop when he was taken, which, together, make ten. He had on a kind of blue jacket, and I thought arm, which was put in at the door, appeared to the be blue; but it was in and out very quick.

Thomas Hill. On the 18th of last month, as I was coming out of Thames-street. I heard the cry, Stop thief! I made a full stop, and saw the prisoner running towards me. I saw no foul in the street but him.

Q. How near you was he, when you saw him at first?

Hill. Not twenty yards, I believe.

Q. How far is that from Mr. Shepherd's house?

Hill. I believe it is about a hundred yards distant from the place I took the prisoner; he was running so swift, that when I catched hold of him, it brought me almost round. My brother was with me, and he directly took hold of him. We brought him back to Mr. Shepherd's house. When the constable came, he had four handkerchiefs in his right hand. There was one picked up in Tower-street. A man there said he saw him drop it.

Thomas Parting . I am an officer; I was sent for; I examined the prisoner's pockets; he had four handkerchiefs, which I took from him, the others were delivered to me; here are ten in all.

(Produced in court.)

Prisoner's Defence.

I am a weaver by trade. I was running along Tower-Street, when this man charged me with stealing some butter. I was running along to make the best of my way to Limehouse. I never meddled with the butter; I kicked four handkerchiefs before me, and then I took them up.

Guilty .

(M.) He was a second time time indicted for breaking and entering the dwelling house of Richard White , on the 2d of December , about the hour of seven in the Night, and stealing a pair of stays, value 25 s. a cotton gown, a child's camlet gown, and a linen apron, the property of the said Richard, in his dwelling house . +

Mary White . I am wife to Richard White ; we live at John's-hill, Ratcliff-highway ; we have one room in widow Langley's house; there are but two rooms in the house: she lives in the lower room, and we in that above. We rent our room of her. I went out last Saturday night, between six and seven, to get a bit of something for Sunday's dinner; when I came back again there was a great hubbub at the bottom of the hill.

Q. How long had you been gone out?

Mary White . I had not been gone above a quarter of an hour. They were bringing the prisoner along, and they had got the things mentioned in the indictment.

James Ewer , Mr. Sturges came to my master's, I was lighting him out at the door, and, by the light of the candle. I saw something lying white; he picked up a pair of stays, I put the candle down, and took up a white apron. I looked up to Mr. White's window, and saw a man coming to the window with things ready to throw out. When I spoke he drew back, we then went up, and finding the door fast, we broke it open, and there we took the prisoner.

Q. Was the door locked on the outside or inside?

Ewer. It was locked on the inside. (The things produced and deposed to.)

Robert Sturges . I had borrowed a newspaper of this evidence's master; I carried it home; going down the hill I met Mrs. White. James Ewer came to the door to light me out. I saw what then I thought to be papers lying under Mrs. White's window; I went and found it to be a pair of stays, and Ewer took up a white apron; he looked up to Mrs. White's window, and said, Here are thieves in her room. I ordered a person to see they did not get out at the window; and I and Ewer went up. The prisoner had fastened the door. Ewer put his back to the door and bursted it open. We found the prisoner had put himself close up by a closet: we took him in custody. I took up a gown and slip also under the window. Mrs. White swore to the things.

Prisoner's Defence.

I was coming along; two fellows took my hat, and chucked it in at the window; I went up to get it; and they came up and catched me in the room.

Sturges. When we took him, he said he was drunk, and got in to sleep.

Q. to Mrs. White. How do you think he got into your room?

Mrs. White. There was a pane broke, by which means he could open the window. I suppose he got in at the window.

Ewer. The window is ten feet high from the ground.

Guilty of stealing the goods only . T .

32. (M.) RICHARD ALDERMAN was indicted for stealing a post-chaise harness, value 20 s. the property of Hannah Thompson , widow , November 4 . +

Robert Thompson . I am a relation of Mrs. Hannah Thompson ; I saw the prisoner come into my shop, as I was sitting in my parlour.

Q. What are you?

Richard Thompson . I am a coach-maker; I saw him take the coach-harness, Hannah Thompson 's property, from the pegs, and put them on his shoulder and go out of my shop. I pursued and took hold of him, and said, Where are you going with this harness? He dropped them and ran away. I pursued, and before he got through Deans-Yard, he was taken and brought back. I carried him before Sir John Fielding , and he was committed.

Prisoner's Defence.

I was coming by, and saw this harness lying in the street. I picked them up, and the Gentleman came to me, and asked me where I got them? I said, I picked them up. I was a stranger in the place, and was enquiring where I could get a place for service.

For the Prisoner.

James Stamford . I have known the prisoner five or six years: he is a collar-maker; I have dressed leather for him.

Joseph Ray . I lived with him after he had served his time. I worked journeyman where he was 'prentice; I never knew any ill of him; I have known him fourteen or fifteen years.

Guilty . T .

33. (M.) Ann wife of Oliver Evitt was indicted for stealing five pounds weight of leather, value 6 s. the property of Thomas Silvester , December 7 . *

Thomas Silvester . I am a leather cutter , and live in Great Russel-Street . Yesterday morning, between eight and nine o'clock, the prisoner came to my shop for leather (her husband is a shoemaker) my son was in the shop; I was at breakfast in a little room joining. I heard a noise, and saw her looking at some leather, and going from one part of the shop to another. I gave my son a hint to watch her. I staid some time at breakfast; when I came into the shop she still was there. She bought a piece for three half-pence, and went out. My son said, after she was in the street, See how she walks. I thought she was drunk, as she walked lamish. Presently a large piece of sole leather dropped from her petticoats; she was but about five or six yards from the door. I desired my son to fetch her back. My son went, and took hold of the sleeve of her gown, and in turning her round short she dropped nine pieces more from under her clothes. I saw them drop. When she was brought into the shop, she went down on her knees, and begged I would excuse her, as she was very poor. (The leather produced in court and deposed to.) Here is my own mark on all the pieces; they were taken out of a small bing, where she had been on her knees looking out the pieces, about a quarter of an hour.

Q. What is the value of these pieces?

Silvester. They are worth about 6 s.

John Silvester . I am son to the prosecutor; I suspected the prisoner all the time she was in the shop, knowing her to be a thief before. She was some time on her knees at the bing, where the pieces of sole leather lies; she bought a bit for three-halfpence ( produced in court) this is it; after she went out of the shop my father sent me after her. I gave her a short turn round, and she dropped nine pieces; they are my father's property. When she was brought back into the shop, she begged pardon.

Prisoner's Defence.

I am not guilty. I had not that leather in the shop.

Guilty . T .

34, 35. (L.) Henry William Martin , and John Thomas , were indicted for stealing ten pounds weight of tobacco, value 3 s. the property of a person unknown, December 5 . +

John Green. Between four and five o'clock last Tuesday evening, I saw the two prisoners standing by a hogshead of tobacco on Dyce-Key , which was going to be shipped for Yorkshire. I saw Martin cut the hoops that went a-cross, and Thomas filled his apron first, and went off with it; then Martin filled his apron and went off. I ran up the other gate-way, and took them both in Thames-street, and brought them back to the hogshead where they took it from.

The prisoners in their defence said they found the tobacco under the gate-way.

Both Guilty . T .

36. (M.) Charles Hardwick was indicted for stealing a cloth coat and waistcoat, value 20 s. a man's hat value, 12 d. a linen shirt, value 2 s. a muslin neckcloth, value 2 s. a pair of cotton stockings, value 12 d. and four yards of burdett , the property of Bartholomew Bennet , November 13 . +

Bartholomew Bennet . On the 13th of November I lost the things, laid in the indictment, out of my house (mentioning them by name) I found the prisoner with the coat and waistcoat, and hat on him, two days after. He knew they were my property; he worked for me, I am a taylor; he made them for a customer; he had pawned the burdett.

Prisoner's Defence.

I can't say nothing for myself.

Guilty . T .

36. (L.) William Eastman was indicted for that he on the 11th of September , about one in the night, the dwelling house of Daniel Clarke , did break, and by force enter, with intent, feloniously and maliciously to cut and destroy silk manufactory, being in the loom in the said house, and did cut and destroy twenty yards of certain wrought silk, value 20 l. the property of Thomas Cook , being in the said dwelling house, not having the consent of the owner; and did break and destroy one shuttle, value 1 s. and one quill wheel, value 1 s. being tools made use of in manufacturing raw silk, the property of Daniel Clark in his dwelling house, without the consent of the said owner; and also did break and destroy one mountear, value 5 s. the property of the said Thomas Cook , being tackle used in weaving raw silk, not having the consent of the owner . +.

The witnesses were examined apart.

Daniel Clark . I live at No. 11, in Artillery-lane, Bishopsgate-street . On Monday the 11th of September, between one and two in the morning, I was awaked from my first sleep. I heard a calling out, Where does Clark the pattern drawer live? I am a weaver , and pattern drawing is a branch of the trade. I heard divers noises. They demanded the door to be opened; one spoke in a woman's voice; I got up and went to the window; and said, Gentlemen, what do you want? They replied, Clark come down and open the door, we will not hurt you; you can afford it, we will do you no harm; you have got good business. Upon that I told them, I would come and speak to them; but upon my going down with only my shirt and night-cap on, I thought to myself, I would not open the door till they had resolution enough to break the house; I went into the yard and staid there, and heard them chop with a thing I believe to be an ax, and with an iron crow, making at the shutter of the door, which is an inch and a quarter; it is a sash door; there I staid till I heard the glass all flying into the passage in the house. I heard such a noise of their breaking, that I thought my life, and the lives of my family would be in great danger; thought it was broke enough for them almost to get in without me. Then I said, Gentlemen, pray do not make this noise, I will undo the door. I drawed the lock back, it was a spring-lock, and unbolted it; they had knocked it so, that the bolt and all stuck very fast: upon my opening it, half a dozen men came in a very riotors manner, and asked me where my work was. (I work for Mr. Thomas Cook ) Five of them found the staircase and went up, and the sixth man I fixed myself against, and entered into a discourse with him. I fell to telling him I had a good right to have looms worked, and they had no right to cut mine, for I was willing to pay; and that I had been very diligent to desire the men to pay the money, to save their masters property and their own.

Q. Pay, what money do you mean?

Clarke. They demanded two shillings a loom, which we were obliged to pay, or have the goods destroyed, and the master's work also.

Q. What was that to be paid for?

Clarke. Because they thought they had done some advantage to the journeymen in advancing their price, or having their price kept up. I also told him I had a little money that was collected the night before; that it was so little that it was not worth tending, but we should meet again next Saturday, and then I should have more money. With my telling him I had a right to a loom's work as well as any man in the trade, it prevailed upon him to call them down, and telling them they were all wrong, they would not come down till he was obliged to use cutters language, which was, Blast your eyes! and D - n your eyes! and so on. Then they all came down, and all went out. At their going out Mr. Gusset said, (that was the man that I conversed with) if he ever heard such a report of me he would cut my ears off. When they came down, I expected they were going away, and that I should hear no more of them. I began to lock the door, but the lock was so hard to get in that I could not fasten the door till they returned again, and demanded entrance. I told them I would open the door. Mr. Gusset came in again, and fixed himself before me, and asked me whether my wife ever made such work as that; I said she had, but they might depend upon it, she should make no more of it. (It was a two-coloured flowered sattin, which I have here) Then there came three other people in. I am not certain whether they had been in before. Mr. Gusset was talking to me, he put his face to mine, there was a man slipped behind his back whom I thought I knew by his stature and bulk, but was not then certain. I took him to be the man that is now in Newgate, Thomas Haddon ; after that there came a tall man in, about six feet high, with a broad sword, or a cutlass in his hand; he slipped by me; then the prisoner came in, with a different tone of voice, which was very particular. The very same voice I heard before in the street; he came in a different form; they all past before my face. This man came to my right shoulder, and put his mouth to my mouth, and spoke in the voice of a woman; he had a light-coloured great coat on, and another under it; he past round by my right shoulder. I saw him close by the other man that entered first; and I saw the tall man, whose name I understand is Bantam, with a sword over my head, waiting, as I thought, for the word of Gusset to chop me down.

Q. What were the words the prisoner said?

Clarke. I cannot recollect any particular word, but his tone was so particular; the tall man first entered the stairs, and went up, the prisoner followed him as close as he could; then I addressed myself again to the man I first conversed with, when they were gone up to cut the work; but they had a good deal to do to find the work. I had a good deal of discourse with the man, in pleading my right to work, and if they cut the work it would be the wrongest thing they did since they went to cutting. I talked to him till another man under the window said, D - n you, what signifies standing talking to him? then I went into the yard, and staid a while, and heard two mens voices; one said, Here it goes. I heard them cutting the mountear and the things fall. My shop is up stairs, and there is a very long light; that you may hear any body speak there when in the yard where I stood. I heard the lingoes fall (they are small leaden weights, part of the mountear,) and I heard the clashing of the glass moles to pieces, they belong to the mountear; there I heard Mr. Eastman's natural voice, saying, Here it goes. I knew him four or five years before, and have often discoursed with him about weaving; he was no particular acquaintance of mine, far from it; though he never affronted me in his life before. I cannot tell whether Bantam was up in the rooms were the work was. When they had done their business they all went out; Bantam was in the one-pair of stairs, he called to them as they were coming down, and asked if they had taken care of the reed; they said all things were safe; they went away, and I saw no more of them that night (all the four) there were six in the first time; they did not go away till the clock struck two. I got up in the morning, and went into the shop about six o'clock. I found the mountear cut all to-pieces (that is a tackle that causes the flowers to be made in the work; it is used in making flowered silk; it will make all manner of flowers. (Produced in broken pieces) and (two pieces of sattin produced) this is the work. It is called the Leopard spot. (The lingoes produced.) [they are about the bigness of the tube of a tobacco pipe, about six or eight inches long, fastened to a small cord or thread, at one end.] (A piece of a shuttle, and the reed broke in three pieces produced.) There were two shuttles, they broke one in two pieces, and damaged the other; the reed is entirely spoiled. The quill-wheel is a large thing; I have not brought that, they broke that; the use of that is to wind quills on pipes, which pipes or quills are put into the shuttle; that is a particular tool used in weaving all broad silk; the shuttle and quill-wheel were my property. (A brass point to a scabbard of a hanger or cutlass produced.) This I found in the room the next day.

Q. Had you a candle in your hand when you opened the door?

Clarke. No: but there is a lamp before the door, that we may see the colour of every man's clothes.

Q. Are you positive, and sure, or have you any doubt whether you saw Eastman in the manner you have said?

Clarke. I have no manner of doubt at all; was I as sure of the other as I am of him, I should have done the same by him; but I was tender of Thomas Haddon ; I had not so good a sight of him.

Q. Whose property was the silk?

Clarke. It was the property of Thomas Cook . (A quantity of raw silk, cut to piece, produced.)

Mr. Cook. This silk was worth 15 or 16 l. now it is not worth a penny.

Clarke. There was a good deal of this silk taken away; this was would upon the roll in my house, part of which is this Leopard spot, which was in part made. I went to Mr. Cook, and told him what had been done, and said, I could swear to some of the persons; and that I would go to Sir John Fielding . Mr. Cook desired me to hold my tongue, thinking we should not be safe.


Q. How came you not to open the door when they first called to you?

Clarke. Because I was determined they should never cut my work till they had first broke my house. I had a mind to see whether they had resolution to do it.

Q. Did the prisoner whisper?

Clarke. No: he spoke very loud, I imagined his intention was to frighten me.

Q. How near is the lamp to your door?

Clarke. It is so near, the place is so narrow, that two carts cannot pass without one stopping; the lamp is about a yard and a half from being opposite my door. This conversation was close to the door.

Q. How could you distinguish the prisoner's face when he was at your right shoulder?

Clarke. Because I turned about and looked him full in the face.

Q. How many pair of stairs was it to the room where they were?

Clarke. There are three pair.

Q. Have you never declared that you did not know the prisoner was one of them?

Clarke. Some times I have been obliged not to know him.

Q. Whether have you in fact ever declared to any body, that you did not know the prisoner to be one of them?

Clarke. No: never in my life. I have said to some people, sometimes, that I did know him; but I must not know him, because Mr. Cook desired me, for the safety of his work, not to say any thing. One time I was at the Red-lion, there was the prisoner; Bantam and another. I was tried there and examined as much as now. They were preparing a jack-ass to ride me; that was through the instigation of one of Mr. Cook's journeymen. I was obliged to say what I had said was in a joke. If I had not, possibly they would have rode me, and perhaps taken away my life. Mr. Gusset was chair-man there, they had laid a charge that Mr. Cook did not pay his men the price for work. I cleared all the points; then Mr. Gusset declared, the man that laid the Information before them ought to be punished.

Q. Have you not declared, you would not stir a step but for the sake of the reward?

Clarke. No, never in my life; there is a gentleman can prove, I have said, I did not desire the reward.

Elisabeth Clarke . I am wife to Daniel Clarke ; the people came to our house on the 11th of September, at night, or the 12th in the morning, between one and two. They broke the door to pieces, and cut the shutter, and broke the glass: they demanded entrance, and got in; then they went away again; they were demanded out again by the man below stairs; he blasted them, and said, They were all wrong, they were got to the wrong house; but they came again in about two or three minutes, and demanded entrance; two of them came up the first stairs, and demanded to know where the B - h his wife was, saying, they would murder her directly, and they would cut his ears off, if he did not come up and show them where the work was. When they got up, Isaac Solomon 's wife stood with a candle in her hand; they said, Blast your eyes! take the light in! Then she took it in, and shut the door; then they said that is right, and blasted her again, and demanded the light from her; she was in a two-pair-of-stairs room; they took the light from her, and never brought it her again; they then went up another pair of stairs. I can't say I could distinguish any thing when they were up there, only these words, Here goes, and blast the b - b we'll learn her to make Leopard sattin; they were there, it may be about a quarter of an hour; there came a man with a very rough voice up the first stairs, he wanted to know of them why they were up stairs so long; then he came up the second pair of stairs; then they came down, he asked whether they had taken care of the reed; they answered, as they came down, all was safe; then he asked what it was, one of them answered, it was a sattin with Leopard spots; then they said the Lion had been too much for the Leopard; then they went away; then I went and got my husband to bed.

Q. Why were they offended at the Leopard spot?

Elisabeth Clarke . I did it, they were offended because it was a work too good for a woman to have a hand in; then I went up to the workshop about half an hour after they were gone. I found the work was cut to-pieces, and thrown about the floor. The reed was in three pieces, the little harness all to-pieces, the great harness likewise, and the cane; the males broke and thrown under the loom, and a shuttle broke; the great harness is part of the mounture, the mangoes were broke, and upon the ground, and the quill wheel was also broke; the silk was in the loom; the cane was white, shot down with black and gold into Leopard spots, about six yards of it; this is part of it ( produced here). The mounture was Thomas Cook 's; the shuttle and quill wheel were my husband's; all was safe and and in working order between seven and eight over night.

Cross Examination.

Q. What room was you in at the time?

Elizabeth Clarke . I was in the first pair of stairs room.

Q. Where was your husband?

Elizabeth Clarke . He was in the passage, speaking to one of them for some considerable time. I heard him, and saw from the front window there were about a dozen in company; to let me know that I saw them, they threw a stone in through the glass, which hit the side of my face. The first man spoke with his natural voice, and the second with a woman's voice, very squeaking; the third blasted my eyes, and desired me to come down and open the door, and said he would not hurt me; there was a lamp opposite. If I had not been frightened, I might have seen them so as to have known them by that lamp; it is not five yards from our door, besides, I could by the light of the morning, it was a pretty bright morning.

Thomas Cook . Mr. Clarke worked for me in September last; he came and told me of the silk being cut; that silk that he had in his loom was my property, which was cut; it was in the mounture, and I delivered it upon a hand roll, and they put it all in order; but it was destroyed in the loom.

Issac Solomon. I lodged at Mr. Clark's in September last, up two-pair-of-stairs, in a back room. I saw some of the men go up stairs. I do not know how many there were, and when they came down, there was nothing but blasting and swearing. I heard nothing material about the silk.

Prisoner's Defence.

I never was much acquainted with Mr. Clark. He pretended he knew my voice and my stature. I saw him after the work was cut, two or three times. We answered, How do you do? and How do you do? I saw him at the Red-Lion, at which he pretends was a committee; he spoke nothing to me about his work being cut; he bid me a good night, and I him. I know not where he lives; he pretended to say the mounture was his master's, it is none of his master's.

Clarke. I do not remember meeting him once. I did see him at the Red-Lion; but dared not mention it to him. I knew my life was not safe in such a man's hands. I saw him at another time with three other cutters at the sign of the Ship, with John Smith and John Thompson , clerk of the Dreadnought sloop, as they called it, and the clerk of the Defiance sloop. I never met him alone since, to my knowledge.

For the Prisoner.

James Williams . I had some conversation with Daniel Clarke , in respect to the cutting the silk; his work was cut. On the Sunday after he came to supper with me in Crabtree-row, near Bethnal-green church; his wife came first and he after her, after service; she having mentioned something of it, when he came in I asked him if he knew any of them, he said no, he knew never a man of them, so as to swear to them, he wish'd he could. After that he repeated the words, d - n them for rogues; he was not sorry the work was cut, for the work was so bad that he could not work it; he was glad it was cut out. Several times I have been with him, I at his house and he at mine. He always did declare he could swear to no man at all. My son and house-keeper were by at the time; he was just come from service, and began to tell me, Mr. Eastman and Mr. Haddon, were taken. I asked him, Who swore against Haddon? he said the little boy. I did not ask him after the other. Then he said he would go to Mr. Chauvet's partner; he was very uneasy. They proposed to free him by way of security for himself, and if they were not so good as their word, they must do the business themselves. I went with him, but cannot rightly tell what he told the man. He said he would speak to the gentleman about the two men that he had swore against; the servant said, what two men, they that are under sentence? he said no, the two men that were taken on Saturday night; he said his house was not safe; it was not so much in sight of the guards as his master's was. They went to an alehouse, and I went to Clark's house till he came back.

Q. Explain that of security.

Williams. He said, they proposed this to him, he wanted security for himself, and they proposed to secure him as he said.

James Williams , jun. I am son to the last evidence. I remember being with Mr. Clark and my father the Sunday after the work was cut. He told my father his work had been cut out. My father asked him if he knew any of them. He said no, he wished he did; but he was not sorry that it was cut out, because the work was so bad.

Q. Who was by at the time?

James Williams . There was his wife there and my mother, and nobody else.

Williams the Elder. He calls her mother, because she has been my housekeeper fourteen years. Her name is Diana Eagan .

Diana Eagan . I live in Crabtree-row, Hackney-road, with Mr. Williams. Mr. Clark came the Sunday after his work was cut out; his wife came first, she seemed not well. I asked her what was the matter? she said, she had had a sad affair. We have had the cutters, and I was so frightened, that I have not since hardly been out of my bed. I said, I hope they have not cut your goods. She said, no, nothing but the work. I said, it is pitty you did not know them. Did you make any remarks on them? she said no, none at all. Mr. Clark said the same, but said he was not sorry the work was cut out; for it was a bad commodity, and would never be worked out: he said he did not know one of them. He was so frightened, he went to the back door instead of going to the other.

Cross Examination.

Q. Were there many that had their work cut about Spitalfields?

Diana Eagan . There were.

Q. Do you recollect any of them that were very ready to tell who did them the injury?

Diana Eagan . No, sir, but they always declared they did not know one of them.

Elizabeth Ham . I was in company with Mr. and Mrs. Clark on the 18th of October. We supped together. (I do not know the prisoner at the bar). Mr. Clark was talking with Mr. Ham a considerable time in one part of the room. When he came from that, he, Mr. Clark, bid his wife hold her foolish tongue; it was nothing but that foolish little boy; he himself let them in, and did not know never a one of them; it was that little scoundrel of a boy said it was Mr. Haddon that cut the work out of the loom. I said, what, have you any work cut out of the loom? yes, said he, the boy says it was one Mr. Haddon; I said, were they disguised? no, said he; but the boy said they had got womens bonnets on, and I desire never to say nothing about it, for I did not know any of them, (or words to that Effect.) Mr. Clark was angry with his boy for saying it was Haddon; because he had been intimate with Haddon twenty years. He said he let them in, thinking he might have known them, but he did not.


Q. Did he not talk of any danger?

Elisabeth Ham . No; for we were all very merry.

Q. Did he not say his house was in a very insecure way?

Elisabeth Ham . No, he did not.

Robert Ham . I am husband to the last witness. I saw Mr. Clark on the 17th or 18th of October. I believe both days. I was first talking with Mrs. Clark, who was saying how her sattin was cut out. She said her boy said it was Mr. Haddon. Mr. Clark being somewhat angry, said to her, hold your tongue, it was only a foolish little boy. He said, he likewise knew no person that was there.

William Dale . I am a weaver, and live in Wilk-street. Some time ago my father employed Mr. Clark; he had some conversation with him about his work being cut out.

Q. When was that?

Dale. That was the 1st of September in the morning. I had some work cut out of my own, which curiosity led me to speak to Mr. Clark. This was early in the morning, between eleven and twelve. I introduced it in this manner, being a sufferer, whether Mr. Clark was exact in his information or not. I said to him, Mr. Clark, how came you to know the cutters better than I? he said I might know them if I would. I said, Mr. Clark, I would have known them if possibly I could, but how came you to know them? he said by information, or by enquiry, as he had done.

Q. Be so good as to recollect the time you met Mr. Clark?

Dale. It was the first of September.

Q. When was your work cut out?

Dale. My work was cut out the 21st of August.

Q. Recollect the time you met Mr. Clarke.

Dale. It was the first of September.

Court. The work was not cut out till the 11th.

Q. Was it the Friday se'ennight after your own work was cut?

Dale. I answer fair questions, but unfair questions I cannot answer.

Q. Was it last Friday was se'ennight?

Dale. It was.

Q. Where did you meet him?

Dale. Opposite the new turnpike in Shoreditch.

Q. How long after the cutting of your own work?

Dale. Mine was cut in the month of August, the 21st. I never heard what month Mr. Clark's was cut in.

Q. Have you always said it was the first of September? Do you mean any other month?

Dale. This is September, is it not?

Court. No, it is December.

Dale. Well, December then if you please to call it; it was the first of December.

Q. How do you know that he did know the cutters?

Dale. I heard so.

James l'Homme. I live in Wilk-street, Spitalfields. I have known the prisoner five or six years. He worked for the warehouse where I am foreman. He was a very hard working man, very honest, and very civil. He has earned upwards of 50 l. a year, one year with another, sickness and changing work, altogether.

Q. Did he work with you in September last?

L'Homme. No, the last of his working for us was in 68.

Daniel James . I am a silver buckle maker, and live in Kingsland-road. I have known him two years. He is reckoned in the neighbourhood to be a very honest quiet man. I live but four doors from him.

Robert Nash . As far as I know of him as a neighbour, he is a peaceable quiet neighbour. I have known him between one and two years.

Guilty Death .

37, 38. (L.) John Baileys and Susanna Shepherd were indicted for stealing a silver watch, value 40 s. the property of William Maud , November 1 . *.

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

William Maud . I am a joyner and carpenter , and live in Apollo-court, Temple-bar. On the last day of October I had been to Goswell-street, with a shop-mate. I believe it was half an hour past eleven at night, when I came from thence. I kept the open street through St. Martin's le grand into Newgate-street, and crossed into St. Paul's Church-yard and up Fleet-street. Just as I was near Apollo-court , it had just gone twelve. As I was near the chymist's shop the prisoner Shepherd, laid hold of my arm, and said where are you going my dear? I had had rather more liquor than I should have, but not drunk. I said, I was going home; she pulled me into the passage. (I lodge in the court). There we stopped. Mr. Baileys came past me. We moved a little higher, just under a lighted lamp; he past up and down again into Fleet-street; he came up a second time; when he got to the end of the court, she snapped out my watch; I said, Madam, you have robbed me of my watch; she immediately called out, Watch and Murder! Before any body came to my assistance Mr. Baileys fell to knocking me about the head, in order to knock me down. I was very sore upon my jaw, for a week after. I heard some body at the bottom of the court. I called out, For God's sake, do aid and assist, for I am robbed of my watch! There were two chairmen; one of them, named Johnson, came up, and took hold of Baileys; just as he came Shepherd got out of my hands; I charged the watch with him and the woman, and they charged me; so there was charge for charge. I was taken to the watch-house in Temple-lane. My watch was found after that when I was in the watch-house. When we went before the sitting alderman at Guildhall, the man that had it of a girl, was ordered to keep it in his care till the trial here.

Q. When had you seen it last before?

Maud. I had seen it just before I came out of the house in Goswell-street. I had not spoke to any body, except bidding a watchman a good night. When Shepherd said, Stop a little, I want to speak with you; I thought it had been a neighbour that lives in the court next door to a shopmate of mine; she is supposed to be a person of ill character, though never to my knowledge went out.

Q. How long had you stopped in the court, before Baileys came up?

Maud. He came up directly; she stood against the wall, and I facing her; she shoved against me, and asked me if I would do something or other, at the time she took my watch. Baileys had been up once or twice in the court; if he was up in the court at the time she took it, he was up in a corner out of sight; as soon as she had taken my watch he came up as soon as possible any body could; in a quarter of a minute; he came upon her crying out; he never asked me what was the matter, but began driving me about under each ear.


Q. Did you know Baileys before?

Maud. No: I did not.

Q. Before he came up had you not Shepherd by the hair of her head?

Maud. No: I never laid hands upon her before she cried murder; I never struck her nor beat her.

Q. What was the first word Baileys said to you?

Maud. I do not know.

Q. Did he not say, Don't murder the woman?

Maud. I do not remember he did.

Q. Did you not say, D - n you, I'll serve you the same?

Maud. I did not: I never was guilty of swearing.

Q. Did you not strike Mr. Baileys?

Maud. No: I did not, upon no part of him; I only held the woman.

Benjamin Johnson . The first time I saw Susannah Shepherd and John Baileys that night was in Bell-yard, at the Haunch of venison, drinking at the bar; that was about half an hour after eleven; they went out of the house directly; I staid in the house may be a quarter of an hour.

Q. Did you know him before?

Johnson. I never saw him before to my knowledge; they stood by me near the space of ten minutes; after that I saw Shepherd and Maud go into the court together about ten minutes after I came out of the house, which was about a quarter of an hour after the two prisoners went out of the house; at the time Maud and Shepherd went into the court together, Baileys was standing with his back against the chymist's door; and when Maud and the woman had been in the court about two minutes, she began to cry Watch and Murder! then Baileys whipped from the door into the court, and sell to abusing Maud, beating him. I saw him strike him more than once; I went and took him by the collar, and pulled him from Maud; Shepherd strove to make her escape; the watchman in the street stopped her, and brought her back into Apollo-court. Maud charged the watch with her, for stealing his watch; going up the street to the watch-house, which is almost to St. Dunstan's church, the watch was found lying on a rail by a girl of the town; I saw her take it up; I asked her to give it me, and she did.

Q. How near was it found to Apollo-court?

Johnson. As near as I can guess, it was about one hundred yards distant. (The watch produced and deposed to.) I secured her in that watch-house, and the next morning we went before the sitting alderman at Guildhall.

Q. from Baileys. I went in and treated a woman in the alehouse with a glass of rum, whether there were not many women there?

Johnson. There was another girl of the town in the house, but there were nobody drinking at the bar at that time, but the two prisoners; and more than that the woman at the bar fell out with another woman, and struck her in the house.

Q. to prosecutor. Had you looked at your watch after you came out of the house in Goswell-street?

Prosecutor. No: but when she and I were together I felt something taken out of my pocket as plain as possible.


Q. Did you take particular notice of them when you saw them going up the court?

Johnson. I said to my partner, there was something going forward in that court; and I knew her again when I saw her in the watch-house afterwards.

Q. Did you hear Baileys say any thing?

Johnson. He said, you rogue, you rascal, I'll learn you to use a woman ill.

Q. What was Maud doing to the woman?

Johnson. I do not know. I never saw him strike her.

Q. Did you see Maud strike Baileys?

Johnson. No, I did not. Upon my pulling Baileys from Maud, Shepherd ran away, and ran as far as Chancery-lane end, and the watchman brought her back.

Q. Was there any other woman up the court?

Johnson. No.

William Hunt . I am a chairman, and ply at the Temple. I and my partner Johnson were talking together; I saw Maud and the woman at the bar come together, and turned into Apollo-court. I believe they might go about two yards up the court; after that my partner said to me, Do you see that man and woman go into the court? I said, I am looking at them; I did not know that you saw them. After that Baileys walked up the court by where they stood, and came down again, and fixed his back up against Mr. Buckle's door. three doors from where they were; presently Maud charged the girl with taking his watch; she began to cry out. I did not hear him charge her, but he said he had charged her afterwards. Then Baileys ran into the court, and said, D - n you, you rascal, I'll teach you to use a woman ill. My partner ran in and the woman ran out, and made her escape towards Chancery-lane end. Maud said, Stop that woman, she has got my watch! and other people called, Stop her, Stop her!

Q. Did you see Maud strike Baileys?

Hunt. No, I did not: neither did I see Baileys strike him. I was not in the court. I saw nobody but Maud, the woman, and Baileys go into the court.

Bailey's Defence.

On the 31st of October, after I left Mr. How's house, to whom I am Clerk, which I believe was about eight o'clock, I went to see the new entertainment, called The Jubilee; then I went to a very genteel public-house; I had a pint of beer and a Welch rabbit, and came in order to go home. Just as I came to Temple-bar, a girl accosted me, and asked me to give her a dram, which I did; after that I came out and proceeded on my way to go home; first of all I turned up a court to make water, then went in order to go home; I had not gone but a few yards before another woman catched hold of me, and accosted me as usual; I pushed her away; I was apprehensive I should get my pocket picked; a moment was not past before I heard a most horrid cry of murder. I looked round, and saw Maud had hold of a woman by the hair of her head, beating he in a most cruel manner. I catched hold of him and said, For God's sake don't murder her! you don't know what may happen; he struck me on my breast; said he, Do you know that woman that has robbed me of my watch? I said, if she has you had better take her to the watch-house; said he, I will, and I'll take you for striking me; when we came to the watch-house, some where by St. Dunstan's church, I asked what I was come there for; he said, for striking me; then I said we must go through a due course of law. I was conducted to the counter, and the next day before the alderman at Guildhall; there was quite a different story told before the alderman than what was said the night before. Mr. How thought it very odd I was not at the office; Mr. Pain went there, and knowing I am of a good family, and of reputation, I was bailed. I hope your lordship and gentlemen will never suppose a young fellow of my character will ever enter into a case of this sort, if I had known it first of all. I said, if I had known the case, I would have taken care and avoided it. I believe in going from the place, I was conducted by a watchman on each side of me, that must know it was impossible for me to put the watch where it was found. I met a woman going to master's office since; she asked me if I was not in trouble about that affair; she said she saw a tall woman put the watch on the ledge. I do not know whether she is here or not.

Shepherd's Defence.

Going along by Temple-bar I saw some women run away together. The man came out and said, You are one that robbed me of my watch; he made a blow at my head, and catched hold of my hair, and put his hand in my mouth, and beat me in a most inhuman manner. I called, Watch and murder; nobody came; then this man came (meaning her fellow prisoner); he said, What do you do to this woman? Said he, if you want to know, I'll serve you the same; I got out of his hands; he said, Stop her, she has got my watch. I never saw the watch.

For the prisoner.

Mary Cradock . I live in Little Britain; my husband is a watch-spring maker. I was coming by a little after eleven o'clock accidentally. I heard a noise; I stopped as a great many more did; I saw an uproar, and as I stood I saw a woman lay something down; as I stood at Bull-head-court by Temple-bar, there was fighting and crying out murder, and knocking down, and I saw another woman take it up after they were gone. She laid it down upon the jett of a window-shutter, and said, Here is the watch; I did not see it. I did not see the woman's face that laid it down. It was a tallish woman. I cannot say whether it was the woman at the bar or no.

Both acquitted .

39. (M.) Thomas Gahanan was indicted ( together with Owen Fox and Joseph Simms not taken) for stealing a mahogany tea-chest. value 5 s. three tin cannisters, value 1 s. half a pound weight of tea, value 2 s. and a china punch bowl, value 2 s. the property of George Buchannan , and a man's hat laced with gold, value 10 s. a plain hat, value 5 s. a silk cardinal, value 25 s. the property of Lionel Bradstead , the same being in a certain ship or vessel, on the river Thames , November 9 . *

The witnesses were examined apart, at the request of the prisoner.

Lionel Bradstead . I am chief mate of the Sally. She lay at West-lane, opposite Wapping Old-stairs , on the other side the water. On the ninth of November we lost to the value of ten or eleven pounds from on board. I was asleep at the time in the cabbin; when I got up I found my breeches, stockings, garters, my wife's cardinal, and several bottles of rum, and every thing were gone that are in the indictment.

Q. What time was this?

Bradstead. That might be about seven in the morning. I was told to get a search warrant, and search Owen Fox 's house, which I did; there I found the tea-chest. That house is in an alley in New Gravel-lane. (Produced in court and deposed to.) I searched the prisoner's father's house, but found nothing there.

Acquitted .

40. (M.) William Horsford was indicted for breaking the house of Thomas Poor , and by force enter, on the 9th of August , about eleven at night, with intent, feloniously, to cut and destroy raw silk, then and there being in a loom in the said dwelling-house, not having the consent of the owner. It was laid also, that he did enter the house by force, with intent, feloniously and willfully, to cut and destroy one hundred yards of silk manufactory, value 100 l. the property of Joseph Horton , then being in a loom in the house of Thomas Poor , not having the consent of the owner. It was laid also for entering by force, and feloniously, willfully, and maliciously, did cut and destroy silk mixed with other materials, being in a loom in the said house, not having the consent of Joseph Horton , the owner, and also did break one reed, value 1 l. the property of the said Joseph Horton , in the house of the said Thomas Poor , being a tool used in the making silk manufactory, not having the consent of the owner, and also did break and destroy a harness, value 5 s. the property of Joseph Horton , being a tackle used in making silk manufactory, or silk mixed with other materials, not having the consent of the owner . *

The witnesses were examined a part.

Thomas Poor . I don't know where I live now. I did live in Shoreditch, in Stocking-frame-alley . I am a weaver . I kept seven looms there at that time in my house.

Q. Can you inform the court and the jury of any transactions that past about the beginning of August last?

Poor. On the beginning of August I went to bed about ten o'clock. I cannot take upon me to give a particular account of the day; it was on a Tuesday, at night. My wife and I had been about an hour and an half in bed: I could not, nor did not sleep; but we lay and slumbered. We heard a great noise of people coming up stairs; they came thundering and rapping at the outward door of the house. At the passage coming in, they cried out, Mary Poor , you old whore, open the door! Poor, you son of a whore, open the door! or we will break it in. My wife said, My dear, stay in bed, and don't get up, for they will have more tenderness and mercy on a woman than on a man. I thought to get up, but she would not let me. They kept still crying, Blast you! you whore! you roghe! let us in! or we will tear down the door. Gentlemen, said she, have patience, give me leave to put on my petticoats; for you don't know whether I have a smock on. Blast your eyes! said they again, you never was without one. They kept rapping at the door before she would give them entrance. Gentlemen, at last, said she, be easy, and I will open the door. Then she came out and opened the door. We lay up one-pair-of stairs. She did not go down stairs after we came out of our chamber. Our street door is on our right hand, within about two feet of the chamber door. We heard them come up stairs; there is no outward door; they kept thundering at my room door. There is no fastening but only my room door. You come up one-pair-of stairs, the door is right before you. When the door is open, there is a little passage on the right hand to go into the shop by my room. I can't tell how many came in; but I can tell how many went out. I saw them all go out. They went into the shop where all the looms and work were. I did not go up till I heard the weight stones fall. Then I went and held my room door in my hand. My wife was then in the shop with them. I believe the stones fell in about two minutes after they were there.

Q. Can you tell the jury the use of the weight-stones.

Poor. They are to keep the work stiff to work. The weight is hung to the cane roll. I believe there may be about three quarters of a hundred weight, or near a hundred weight upon the roll.

Q. How long might they continue in the work shop?

Poor. I believe they were there about eight or ten minutes. They past near me when they came out. I saw seven come out in the whole. The prisoner was one of them; he, and two more of them, came in about two steps into my chamber, and shook hands with my wife, and said, Good night, mother Poor. I am sure he was one of them, as sure as I am here. I had hold of the door at the time. My wife was standing just on the inside.

Q. Which side does your door open, within or without?

Poor. My door opens within side. I was just by the door, with my head looking out at the door, which was about half open; she came back out of the workshop when the first of them came out.

Q. Did you know the prisoner before?

Poor. I have known him, I believe, about four years and a quarter. I have eat and drank in his company sundry and sundry times.

Q. Had you any light in the house?

Poor. No, I had not. I had only a large window. After this they all came down, and went out, and cryed out, Blast your eyes! are you all out? and fixed a shot. They spoke hoarse, like a boatswain of a man of war.

Q. Did you see any weapons in the hands of them?

Poor. No, I did not.

Q. Can you say there was light enough to distinguish their faces?

Poor. There was: I saw them, in a manner the same, almost, as I see you now. I could not otherwise chose but see them. After they were gone, I struck a light, and went into the workshop. There were some pieces all lying about.

Q. Did the prisoner speak with a feigned voice, when he spoke to your wife?

Poor. No, he did not, he spoke in a common way. I knew it to be his voice at that time.

Q. Was every thing right when you went to bed the night before?

Poor. They were all right and fit for working. The reed and things were all in their proper places, and when I went into the room, after they were gone, I found the work cut, hanging, some by one cord, and some by another. It was cut cross. It was bombazeen. The cane was all silk. Those things in my hand are what they call harness, that we work with, and this is the deed produced in court, the harness broke, the reed beat.

Q. Is not there worsted in bombazeen?

Poor. It is shot down with worsted. There was about half a yard or three quarters of a yard of it made. It was silk and worsted when made; that was rolled upon the roll; that that was cut was the warping, joining to that that was completely made; about a yard distance from that that was cut, consisted of all silk; that that was made and rolled on the roll, was then not worth a pin to make any use of it. It was not worth a penny to any one, without to any poor body to make a pinch of.

Q. Do you call the harness a tool or a tackle?

Poor. This is that that makes the work that goes up and down. We tread it up and down with out feet, and we strike the reed in at every shoot. They belong to Mr. Horton, and the silk belongs to him. The reed is not worth a pin now. They gave it a cut with a hanger, besides the beading of it. I found it worse than it is now. It was like the screw of a bottle. (probably he meant a cork-screw) I saw the prisoner after he was taken before Sir John Fielding , which was, I believe, the last day of the last sessions. They told me he was there in the name of Stroud. He was sitting there, he reached out his hand, and shook hands with me. I said, Will. Horsford, how are you? he shook his head at me, and spoke in Irish for me to have compassion on him.

Q. Are you an Irishman?

Poor. I am. I repeated in English, Will. you had no compassion on me when you destroyed me, and when you was of the Defiance sloop.

Q. Explain the meaning of that.

Poor. They gave themselves the title of that, these men the cutters.

Q. What did he say in answer?

Poor. He told me I was doing this for the sake of money. Sir John opened the door, and asked if Poor was come. The man said I was. Sir John asked me if I knew the prisoner Stroud. I said, I did not know Stroud, but I knew the prisoner William Horsford . Sir John asked him then how he came to change his name? or was that his name? He came up to the bar and said. It is true, William Horsford is my name. Sir John bid him keep himself from the violent tongue of a man and a woman.

Poor, on his Cross-Examination, said to the following Purport:

"He always called the place he lived in a house; he rented it of Mr. Dean; that under his room Mr. Dean has a warehouse for wool, and he believed Mr. Dean had three or four combers lived over his room; that their stairs lie another way, and no body had communication with his stairs but himself; that he took his apartment by the year, and were to give each other a quarter's warning, and he paid his rent monthly, sometimes in two months, and sometimes three months at a time; that he had paid 26 s. and 8 d. for two months, computed by the year at 8 l. a year; he would not be positive whether he ever paid a single month; he does not remember the day of the month his silk was cut; but that it was on a Tuesday, and it must be about the 6th or the 10th of August; and that he could not fix it nearer. It was not before the 6th; on the Monday there was work cut out in Quaker's street, and they cut his work the next night; that they came about a quarter after eleven, and the clock struck twelve after they were gone, and he had lighted a candle; his bed room is very small, only for a bed, a chest of drawers, and a chair; they made several strokes with heavy weapons at the door; the door was nor a slender door, neither was it a very stout door; they did not break it. He counted seven of them when they went out, John Doyle , Bill Duff , Joe Colman , (who commonly went by the name of Jolly Dog,) Andrew Mahoney , Thomas Pickles , William Horsford , the prisoner, and John Valloine , all weavers. He knew them all at that time as well as he knew the prisoner at the bar then. His wife came into the bed room on his right hand, as he had the door about half open, having it in his left hand. Three of them came about a couple of steps into the room, and shook hands with her; there were no more than seven of them, as he saw; there were a great many more without; that Mahoney, Valloine, and the prisoner, shook hands with his wife; that Mahoney and the prisoner bid her a good night. It was a light night; he could not say it was a moon-light night, nor a cloudy night. It was light enough to see any one of them. The window is very large, with three or four square panes in a row. It was light enough to see a rat at the time, was it to run a-cross the passage. There is a building opposite the window; he cannot tell how near; the light comes down right; he had lived in the house a year and some odd months; he is almost certain that he could stand at his chamber door: and see the sky; that at the window he could see it very plentifully; he cannot tell which was the first of the three that shook hands, she believes he is certain almost that the prisoner was the last; that the work was cut in the first loom on the right hand going into the shop; that there were seven looms in the shop; that there is one window reaches all along; he was told the shop was thirty-six feet long; that the shop must be lighter than the passage, though he could see, and knew the mens faces, yet he lighted a candle to see what damage was done; that he could see the harness hanging down without the candle; he did not know the christian name of Mr. Horton till the day before; the loom was his own property; he heard of a reward two years ago for apprehending the cutters; and at the time his work was cut, he heard, in one of the Papers, it was 500 l. and in another not so much; some more, some less. He could not tell that it was 500 l. for one person; that he had been sundry times examined before Sir John Fielding ; that he had been once examined by Mr. Francis and Mr. Nuthall; he made a discovery, because he was driven to poverty by those people the committee men; that he first discovered it to an elderly gentleman at Sir John Fielding 's; that Valloine took a warrant for his wife; she abused him, and he called her old whore! that his wife was put in Bridewell by Doyle, and he went and made a discovery that night at Sir John Fielding 's of his work being cut; which was a week and better after his goods were destroyed; the fir st time he made a discovery, was within three weeks after the silk was cut; that his furniture were destroyed the last day of August; he never made a discovery till Doyle got a warrant for his wife, and sent her to Bridewell; that night he made the first discovery; that he accused Doyle, Valloine, Duff, Mahoney, Will. Colman, and Mike More ; that was at the Devil tavern, to a justice of peace; he did not know his name; that all he saw at the time were a couple of clerks, the justice, and another gentleman; his wife was fetched out of Bridewell that night and brought there; that time he has not followed his business he has been supported by the goodness of every gentleman that would give him something; when he gave himself up first, he was sent to Tothil-fields Bridewell; after that he was removed to the Tower-hamlet, and was paid for at the two places by several gentlemen out of charity, not having coat or waistcoat to his back; does not know who the money came from; that Mr. Eliot, the high constable, paid for his board; being asked if he never gave out that he was going to take a publick house; answered his wife did, he did not know where the money was to come from; being asked if he did not apply to Mr. Depont for ten guineas, he said he never did, but believed his wife asked for something; being asked if he did not ask for 170 l. to put him in a publick house, said, what asking was, was by his wife; he believed there were some words past between Mr. Traquan and she, but does not know what it was about; he believes the substance of the conversation was about money to put him in a publick house; he declared he did not know what answer Mr. Traquan gave, not taking particular notice; being asked whether he did not declare, that when the sessions was over at the Old Bailey, he should be handsomely rewarded; answered he should be rewarded with what the government would allow him, and that he had been told that by a great many people, and it was said, that when the sessions was over, he should be put in a way of business; that he had promises made him by gentlemen, but does not know who they were."

MaryPoor. I am wife to Thomas Poor . I remember people coming to our house on the 8th of August, between eleven and twelve at night; then they entered my house, and they went out of it exactly at twelve. The first alarm was a hoarse voice. I was in my bed slumbering. My husband said to me, Mary, there are the cutters! I sat still in my bed some time. They called dog and b - h! They came to the outward door of my dwelling-house. I said, gentlemen, stop till I put my petticoats on, when I found they went to work with violence. I got up and opened the door. The first man that entered my door was the man that was convicted, name John Doyle ; then the gang gathered in together. I knew every man of them at their coming in.

Q. Name them.

M. Poor. John Doyle , John Valloine , Andrew Mahoney , Will. Horsford, the prisoner, Wm Duff , Pat Pickle, Jos. Coleman, (that is Jolly Dog they call him) and Mickey More . Doyle laid his sword and pistol upon my breast; he did me no offence. I knowing them so well, I was not frightened much. I put my head out and bid him take them away. I had called him by his name at coming in; he said, you whore, go into the shop. I said, do not hurt my roll. The prisoner was one of them. Young Mahoney came and took me about my neck, and held his cheek to my cheek, and took hold of my shoulder, and held me by my hands, and bid me never fear; upon that Valline took and cut down the loom that I had hold of at the time: I mean the piece in the loom, the property of Mr. Horton. They went then to the upper end of the shop, and the prisoner said, Here is another piece of bombazeen. I said, gentlemen, that is not Horton's; the prisoner said, You old whore, whose is it? I could not tell what to say, because it was Mr.Horton's. My little boy said, gentlemen, gentlemen, that is Mr. Champion's! he was in bed at the time in the room. Young Mahoney said, Do no more here to-night; we will begin with Champion's to-morrow night; after that they all went out of the shop; I went out before them; my husband stood with the door in his hand. I went in the inside the door of my room, about two feet. Young Mahoney , the prisoner, John Doyle , and John Valline , shock hands, and bid me a good night mother Poor. I was on the inside of my room; my husband was on the same spot.

Q. Did they say any thing to your husband?

M. Poor. No.

Q. Did they see him?

M.Poor. I do'nt know that: they knew he was there to be sure; they had cut the bombazeen, and hurt the harness and the reed; Duff bent that against his knee; then with his sword he took and gave it a scratch; it fell on the ground along with the harness, I think.

Q. Did you see the prisoner there?

M. Poor. The Lord stop me for it, if I did not. I met him after that in a place called Quaker's-street; I asked him if he would drink share of a pint of beer; he said, yes. We went into the Castle. I said, I wish I could see young Mahoney; he said, he wanted to see him too. I got up and left the pint of beer upon the table. I saw young Mahoney and his wife; he lived just facing the place. I went over and called him into the yard. I fetched him and his wife; we had another pint. I said to the prisoner, if you had gone through all London, I thought you would not have come to destroy me. He said he would not, or he could not save me (I think it was could not) if I was his sister. We had three pints of beer, which I paid for.

Q. Did you make application to him after?

M. Poor. Yes, several times; one day in particular he met me; it was about four or five days after, in Webb-square. He said, Do I meet you? my blood boils! I said, why? He said, I was at Brian Conner 's, and that the quill-boy said I had been cursing the cutters. I told him, you nor nobody else ought to notice people for cursing the cutters; then I trembled and came home, and told my husband of it the first in the house. I applied to the prisoner several times after my household goods were cut, which was on the last of August. I applied so often to him it is almost hard for me to tell. About seven or eight days after the last day of August, my husband went to some of these men; he said, he was not at the cutting of them. I said to the prisoner it is so long ago my husband dare not work, and my curtains, and my bed, and things were all destroyed; What must I do? He said, I will speak to them, and do what is in my power.

Q. Who do you mean by them?

M. Poor. I mean the committee of weavers and cutters; and I related my distress; I have gone to the committee several times; one time in particular I saw Horsford there, at the Duke of Northumberland's head, at the end of Gun-street; I went in with a journeyman of ours. I said, How do you do, Mr. Horsford? He said the same; he said, I want to speak to you, mother; I said, what do you want to say? said he, if you will be upstairs I'll tell you. I said, I have been called whore and b - h, I did not care to go up for such usage.

On M. Poor's cross examination she spoke to the following purport.

"She said, she hears by the two journeymen, the silk was cut on the 8th of August; that the cutters were all her acquaintance for four years past; that she could have known the prisoner in the darkest corner in London; that she saw him by the light of the stars and the light of the moon, what moon there was, so plain that she could not be deceived; that after they were out of her house, she saw them go into a neighbour's house as plain as she then saw the counsel that asked her questions; that she saw them when in her shop; that the shop was nothing but glass; that there were seven or eight of them; that after they were out of her house they fired a pistol, and said, all was well; that she had always said there were seven or eight of them; that there were several others in the shop besides the cutters, and one of them lay dead asleep; that her husband had either four or five journeymen, she could not tell which; that three of them laid in the shop. Thomas Clark laid with her child; that Clark in particular got out of bed, and ran under another bed; that there was another young fellow she thinks was named Stevens; he never spoke; he was asleep till after they were gone, and she awaked him by saying, was you asleep, or was you dead? that there was Thomas Riley laid in the room, and was awake, but she said he said at the Old Bailey, on the other trial, that his head was covered; that she knew he was awake by her just laying her finger upon him; that these people did not lie so near the door as she and her husband did; that the bed that Clark laid in was by another loom, facing the loom where the silk was cut, in a nook by the side of the chimney; that the head of Steven's bed lay to another pair of stairs, going down; that they lay so that they could not but hear, if they had a mind to hear; that Riley and Stevens laid in one bed; that they kept their bed all the time; that Clark, to her knowledge, was not in the room, so as to see any of this; that she called for him after they were gone, and could not find him, and then, when she saw him, she said, Are not you ashamed to see a woman stand in her smock? that the cutters all of them had cutlasses in their hands; that they brought them in holding them up in their hands; that she did not know whether they went out as they came in; that she did not know as they were armed as they went out; she was exceedingly frighted; that they did not leave their arms with her. Being asked how she came to be so flurried at the latter end and so cool at the beginning, she said knowing them all perfectly well she was not much frighted; that she was flurried upon seeing her bread going; she could not say she saw their weapons when they shook hands with her; that the last man that shook hands with her was Valline to the best of her knowledge; that Mahoney was the first, because he kept her with his hands till she came out of the shop with him; that the ninth of August, the next night, she did not go to bed at all, she was afraid of her life; that she could not directly tell the day of the month, she first gave information of the affair; she believed it might be a fortnight after. Being asked, when it was she was sent to Bridewell, she said she was sent to Clerkenwell Bridewell long and long and long after her goods were cut; that she was sent to Bridewell for assaulting Doyle and another; that before that she had not gone to a justice of the peace and given information; that she made the information the same night that she was sent to Bridewell; that she had spoke to other people about it, and she was both hungry and dry, and she begged of people to put her in the way of it; that at their cutting the work out, they said they would begin with Champion's the next night. Being asked what reason she had to think they would cut Mr. Horton's rather than Mr.Champion's work, she said there were two that worked for Mr. Champion, and they would save their own master's work; none of them worked for Mr. Horton; that she did not give notice to Mr. Champion, that his work was to be cut the next night, being afraid of her life; that she laid at Limehouse seventeen nights; that the shop was so light she could see to know a man's face; that she could not have seen a mouse or rat. Being asked, if it was light enough in the shop to see a cat, she said, indeed, she did not observe her eye was not upon the ground; it was at their faces; that she did not speak to none of her journeymen; but she saw Clark get out of bed, and run towards the other end of the shop, and he told her, and her husband afterwards, he got under a bed, and the women made game of him; that she saw him as plain as she then saw the council that asked her questions. Being asked how much money she asked not to make information against the cutters; said she never asked any, but did desire Mr. Horton to pay fifty-three shillings, on account of the loom; but she was offered thirty guineas by Ned Mackaway , at the Brown Bear . Being asked whether she had not said she knew 17 of the cutters, and unless they would raise her some money she would discover them; she answered, she never did say so. Being asked whether she did not write to Mr. Chauvet, she said, she took a letter to him which a woman wrote, by her desire; and that was two or three days before she was sent to Bridewell; that she desired people to direct her which way she might go to make application, to make information against the men, for they would not let her husband and her work; that she heard there was 500 l. advertised for a discovery about cutting Mr. Chauvet's work; and that she applyed to Mr. Chauvet, having heard he was a sufferer.

Mary Mahoney . I was at the Castle alehouse with Mrs. Poor, and the prisoner Horsford, in Quaker-street; she asked him how he could go to her house; he said he could not spare her if she was his own sister.

Q. Was there any conversation about the time, of what he did at her house?

M. Mahoney. No, there was not.

Q. How long is this ago?

M. Mahoney. I believe it is about five or six months ago.

Q. Do you remember the time when the work was cut in Poor's house?

M. Mahoney. I heard speak of it. It was after that two or three days. I cannot tell to a day.

William Poor . I am son to Thomas Poor . I am 14 years of age. On the 8th of August our work was cut in my father's house. There was William Horsford , and the rest of his gang, Valloine, John Doyle , and Mahoney. There were five or six in the shop. Doyle stood up against the loom, while Valline cut the work. Mahoney stood with his hands round my mother's neck, and her hands in his hands. Horsford went just by my bed, and then he went down to the other end of the shop, and said here is another bombazeen; let us cut it. Mahoney made answer and said, No. My mother said, That is not Mr. Horton's, because she did not want to have that cut, and I made answer, That is Mr. Champion's. Then young Mahoney said, We will cut no more to night, we will begin with Champion to-morrow night.

Q. Did you know Horsford before?

W. Poor. I did.

Q. How long have you known him?

W. Poor. I have known him three years, or better. I have often seen him.

Q. Where did you lie?

W. Poor. I lay in the place where the looms were?


Q. You have got this by heart, How many times have you said it over?

W. Poor. Only, but when I was in court here before.

Q. What, never but that time?

W. Poor. I have, in my own mind; but never to any body else.

Q. How many times have you said it over in you own mind?

W. Poor. I cannot tell. I have repeated it to myself several times.

Q. When was the last time?

W. Poor. I repeated it to myself to-day, before I came into court?

Q. Who was present?

W. Poor. There were people present; but I did not speak at all, but just the words in my own mind.

Q. Did any body speak to you about it?

W. Poor. No, no-body did.

Q. Whereabouts in the shop did you lie?

W. Poor. I lay at one end, and when the men came in, called Cutters, I got up. Thomas Clark lay with me, and when the door was open for them to come in, he got out from my bed, and ran under one of the other beds.

Q. Do you remember the day of the month?

W. Poor. I heard it was the 8th, I thought it was the 9th, but I hear it is the 8th.

Q. Are you certain you saw the prisoner there?

W. Poor. I am. I have seen him several times before.

Q. Was you not frightened?

W. Poor. I was frightened when they were rattling at the door; but when they came in I was not frightened, because I knew them.

Q. Was it a dark or a light night?

W. Poor. It was a very light night.

Q. Do you remember whether the moon shone?

W. Poor. I don't know.

Q. What did Mahoney do? Did you say?

W. Poor. Mahoney had his hands about my mother's neck, and her hands in his hands.

Q. Had he any sword in his hand?

W. Poor. He had no sword in his hand. He might have one about him for what I know.

Q. Did you see any?

W. Poor. No.

Q. How near was you to Horsford at any time?

W. Poor. I was within a yard of him.

Q. How long was you so near him?

W. Poor. Not long, for he went to the other end of the shop, and said, Here is another bombazeen, let us cut it.

Q. Did you know his face then?

W. Poor. I did. He had often been at our house before.

Q. Did you know his voice?

W. Poor. I had often heard him speak before.

Q. Can you be very sure you saw that man, the prisoner there?

W. Poor. I could not say otherwise, without I tell lies in his behalf.

Q. Was it very light?

W. Poor. It was light enough to see all the looms distinctly, the shop is 36 feet long, and all glass on one side.

(Counsel, the other two men. Doyle and Valloine, were tried for culting the work of Thomas Horton , now they find his name is Joseph Horton .)

John Darkin . I am servant to Mr. Joseph Horton , a manufacturer in the silk way in the weaving; he had goods manufacturing at the house of Thomas Poor , in August last. On the 8th his silk was cut. I went there on the ninth to take it away, and found it all cut. The bombazeen was cut and destroyed. It was cut cross, and rendered of no use at all.

Q. To whom does the reed and harness belong?

Darkin. They belong to my master.


Q. Where is your master?

Darkin. He is is sick in bed, not capable of attending.

Q. When did you first hear of this?

Darkin. I first heard of it the 9th of August, between five and six in the morning. I went there between eight and nine.

Q. How many looms did you find cut?

Darkin. I found only one cut. There were two, but only one was cut.

Q. Was you here on the former trial?

Darkin. No, I was not.

Prisoner's Defence.

That very night, when the goods were cut at mother Poor's house, I was at a house in Old-street-road; I think it is the Sign of the Well and Bucket. I went on account of a woman that was taken on a warrant, with intent to be one of her bail; as I was going I met the constable, or at least the head-borough, coming back. I knew him. I said, how do you do? be said, Is it you Horsford? I said, yes. He told me, he had been and left the woman in Bridewell. Then I went back with him to that house, and staid-there from eight o'clock, till between one and two the next morning, being the ninth; there was one Mr. Daniel Fitzharris along with me. I hope your lordship will be kind to look into the infamous character of the woman that appears against me.

Court. If you have any witnesses to call of that sort they shall be heard .

For the prisoner.

Francis Barton . I live at the bottom of Lamb-alley, Bishopsgate-street. I was headborough of St. Leonard's Shoreditch; I am a weaver. On the 8th of August I served a warrant on a woman, named Elizabeth Gun ; she was committed to Clerkenwell-bridewell. Here is the warrant. (Producing it.) I took her and carried her before justice Girdler, about six that evening, as near as I can guess; and he committed her to Bridewell. I took her there. I was coming home and met William Horsford in Old-street-road, and another man with him, who he was I did not know. About the hour of seven I asked Horsford, where he was going; he said he was coming to look for me, and my prisoner. Said I, do you know Mrs. Gun? He said, he had but a small acquaintance with the woman, but this man has (meaning the man with him.) I said, what are you going to do? He said, I am going to make a friend to bail her. I said, as you are no house-keeper, you need not tarry; your bail will not be taken. Then he said, hang it, or D - n it, let us go and have a pot of beer. I said, then we will go to my halfway house; that is to the Well and Bucket; we went there.

Q. What time might that be that you went there?

Barton. That might be about seven; that house is half way from Shoreditch to Clerkenwell-bridewell, or New-prison; it is in Old-street-road. We had one pot of beer, then another pot, and so we kept on till between one and two in the morning. I remember, I asked William Horsford about his wife's grand-mother; as to any other material account I can give no manner of account of; because it is impossible to give an account when I never thought to be called upon

Q Was the prisoner ever out of the house in that time?

Barton. I declare to God he never was out of the house in that time, without he went out to make water; he was not missing five minutes.

Q. What day of the week was it?

Barton. I do not know.


Q. How do you know it was the eighth day of August?

Barton. I sware by my warrant, that being the eighth.

Q. Have you no other reason to know the day but by that?

Barton. No, I have not.

Q. When was the woman committed?

Barton. She was committed about the hour of six, or between six and seven.

Q. Are you acquainted at the Well and Bucket?

Barton. That is a house where I always call as I go by.

Q. Did you meet the prisoner before you came to the Well and Bucket, or had you past it?

Barton. They were come past it; they went back with me there; I was not got to it.

Q. How long have you known Horsford?

Barton. I have known him near five years.

Q. Were you very intimate?

Barton. We were as intimate as two own brothers in regard to friendship, and have been near five years.

Q. Who paid the reckoning?

Barton. I paid my share of the money.

Q. How much did you pay?

Barton. I cannot tell how much.

Q. Was you sober when you came away?

Barton. I was not really sober.

Q. Then how came you to fix upon the time?

Barton. As I was coming through Featherstone-street, I heard a watchman calling out, half an hour after one o'clock.

Q. Which way did Horsford go?

Barton. I can give no manner of account which way he went when he left me.

Q. Whose custody has this warrant been in since?

Barton. It has been in my custody ever since.

Q. Do you know the person's name that was with you and Horsford?

Barton. I heard his name mentioned to-day; he came to me last Monday.

Q. When was application made to you to appear here?

Barton. There never was none till last Monday.

Q. Who keeps this house, the Well and Bucket, in Old-street-road?

Barton. I cannot tell.

Q. What room were you in?

Barton. We were in the tap room.

Q. Were any other people in that room besides you three?

Barton. Yes; there were.

Q. What is the name of the landlord of the house?

Barton. I don't know; I can tell his face better than his name.

Q. Did you ever converse with him?

Barton. I have.

Q. When was this warrant taken out?

Barton. I got the warrant the same day that the woman was committed.

Q. Where did you get it?

Barton. John Caffey brought it to me the same day that I served it, and she was committed the same day to Bridewell.

John Fitzharris . I know the prisoner extraordinary well, and have for six years and above. I remember being with him that evening that Elizabeth Gun was taken to Clerkenwell Bridewell.

Q. When was that?

Fitzharris. That was in the month of August last.

Q. By what do you remember it?

Fitzharris. I have a very particular reason to remember the day; the very morning after Mr. John Darkin , who is foreman to Mr. Horton, came to me in the morning about seven o'clock, as nigh as I can gness, and asked me if all was well. I did not understand him at first who he was. He asked me again, if all was well. He signified to me some work was cut out that night. that belonged to his master; and I know I spent that evening before with Mr. Horsford.

Q. Where did you meet with him, at what house, and how long did you stay together?

Fitzharris. I know there was a warrant against that woman, and Mr. Horsford and I went together to see if we could mitigate the matter. She was an acquaintance of mine. I was shop-mate to her husband. I went to William Horsford , and took him along with me. I turned my glass at past seven, and it was near eight. We both went together, thinking to overtake Mr. Barton, before Elizabeth Gun was committed. We met him in Old-street road; but I believe rather beyond Old-street road. He acquainted us she was committed, and he signified to me she was somewhat obstropolous, or she might have been off. He asked us if we would drink; we agreed. Then he said he would go to the half-way house, the Well-and-bucket; we went there, and, from the time we went in, it was above a quarter of an hour past one in the morning before we went away.

Q. Was Horsford absent from you in that time?

Fitzharris. No, he was not five minutes from my company during that time.

Q. How far is the Well-and-bucket from the place where Mr. Horton's silk was cut?

Fitzharris. I have seen the place, but to tell how far it is I cannot.

Q. How far do you think?

Fitzharris. I do verily believe in my soul it is half a mile distant.

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.

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 6th, Thursday the 7th, Friday the 8th, Saturday the 9th, and Monday the 11th of DECEMBER, 1769.

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



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


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


Q. WHAT is your reason for remembering the time?

Fitzharris. My particular reason for remembering the time, is, because Mr. Horton's foreman asked me if all was well; and afterwards said he had been at two or three places, and his master's work was cut.

Q. Did he mention where the work was cut?

Fitzharris. No, he did not; he said that night and that morning.

Q. What was your conversation while together at the Well-and-bucket?

Fitzharris. We talked of bailing the woman, he asked if we were house-keepers.

Q. Did he know either of you before?

Fitzharris. He knew Horsford very well.

Q. What other conversation had you?

Fitzharris. There were several things talked about. We talked sometimes about one thing, and sometimes about another.

Q. Can you recollect any?

Fitzharris. We talked about Wilkes and trade. There was a gentleman, on the right side of the fire-place, talked about geograffee, or geograffee.

Q. Were no relations talked about?

Fitzharris. Mr. Barton asked Mr. Horsford about his grandmother, or his wife's grandmother.

Q. Who paid the reckoning?

Fitzharris. I believe I paid part of it. I always do, if I have money. I am sure I paid some of it, but cannot recollect how much.

Q. How many pots of beer had you?

Fitzharris. I can't tell that.

Q. Had you half a dozen?

Fitzharris. We had, I believe, more than half a dozen. I am certain of that.

Q. Did Horsford pay part of the reckoning?

Fitzharris. I am certain he did, but do not remember what; I know the reckoning was paid.

Q. Did the constable pay any thing towards it?

Fitzharris. I am not sure whether he did or not.

Q. Can you be certain as to knowing the time of the night?

Fitzharris. I have a very good reason for knowing that, there being a moment hand, or second hand, upon the clock. I went and took observation of it while the hand was going round one minute, then it was past one o'clock. I am certain it was ten minutes past and above.

Richard Stevens . I lay in Poor's work-shop. I remember the night the cutters came. I lay with Tom Riley . I did not see any thing of the matter. Neither did I hear any thing of them. I awaked about one o'clock. My shop-mate waked me after they were gone.

Q. What sort of a night was it? Was it dark or light?

Stevens. It was a very dark night. I don't think any one could distinguish any one's face that night. I could not know my father's face from my mother's at that time. Thomas Clark called me up and waked me out of my sleep, and told me the work was cut in the shop. I did not believe it. I set up in my bed, then I went to the loom and felt. I could not see the loom, it was so dark. I felt the work was cut. I could not distinguish a man from a woman then. My shop-mate that lay with me, told me they had been gone half an hour.


Q. Did not you see your Mistress that night?

Stevens. No, I did not see her till morning.

Q. Did she not speak to you soon after the cutters were gone?

Stevens. No, I am sure she did not. Clark came to me without a candle, in his shirt, and told me it was my shop mate's work, that lay in the bed with me.

Q. How near was that loom to your bed?

Stevens. It was within about two yards and a half.

Q. What time did you go to bed that night?

Stevens. I went to bed between nine and ten.

Q. Was you sober?

Stevens. Quite sober.

Q. Did you hear a pistol fired?

Stevens. No. I heard nothing.

Q. Did you see the loom next morning?

Stevens. I did, the harness was cut a-cross, and the reed bent quite double, and the silk cut beyond the harness.

Q. Was you here on the other trial?

Stevens. I was not.

Q. Who did you first tell it to, that it was so dark?

Stevens. I don't know.

Q. Where was you when Doyle was tried?

Stevens. I don't doubt but I might be at work at that time, at Ben. William's, in Spital-fields. I worked there about six weeks, and it may be more.

Thomas Clark . I lay in that room at the time the work was cut, by the chimney-place.

Q. Do you remember the noise of the cutters coming in?

T. Clark. Yes, sir, I got up.

Q. Do you remember your mistress's coming in?

Clark. Yes, I was up before her. The cutters were in the room before my mistress came in. I could not distinguish any one, the night was so dark.

Q. Did you observe whether they had any weapons in their hands?

Clark. I could not distinguish any thing in their hands, the night was so execussive dark. I was in the shop all the time. I could not see any thing that they did, or any one of them.

Q. Could you see as well as your mistress could see?

Clark. I could see as well as she.

Q. Was you near your mistress?

Clark. I was, and it might be a quarter of an hour, more or less.

Q. Did you stay in the room till she went back again?

Clark. I did. When the cutters were gone, I went up to the loom on the right hand towards the window. I could not perceive any damage done to the loom; it was so dark I could see nothing. I called another of my shop-mates, who was asleep all the time the cutters were there. We could not see, but we felt and groped about. We could not see to distinguish any person. Was my own father there I could not have seen him from another man. Neither the colour of their clothes, nor their hair.


Q. How did you do to distinguish your mistress from the cutters?

Clark. I could distinguish her by being in her hift.

Q. You say the cutters came in before your mistress.

Clark. I could not see her come in, but I heard her voice. I got out of my bed before they came in.

Q. How come you to get out of your bed then?

Clark. To get out of their way. I knew they were coming.

Q. By what?

Clark. I heard my mistress say the day before, she expected them, that they would come at night.

Q. Did you hear what they said when in the room?

Clark. I cannot recollect what they said. Neither can I tell who let them in.

Q. Was you afraid of them?

Clark. I was not. I knew they would not hurt me, nor no-body that was there.

Q. Why so?

Clark. I have no reason, but I knew it.

Q. Then, Why did you get out of bed?

Clark. I heard they would cut the work at the upper end, and I was afraid they would come to that place. I got out of bed to save that work from them.

Q. Whose work was it they were for cutting?

Clark: It was Mr. Horton's work. Mrs. Poor told me they were to cut that particular work.

Q. Did you think it more likely they would cut the work near the door, or farther from the door?

Clark. That was Walker's work that I went to save.

Q. Did you know they came to cut Walker's work.

Clark. No.

Q. Then whose work did you get out of bed to save?

Clark. I got out of bed to save Mr. Thompson's work. I heard they were come to cut Mr. Walker's work and Mr. Thompson's. Mrs. Poor said so that day.

Q. Did any body desire you to save Mr. Walker's work?

Clark. No.

Q. Why did you prefer Mr. Walker's work to Mr. Horton's? Did you desire them not to cut that work you went to save?

Clark. No, sir.

Q. By what means was you to save it?

Clark If they should ask me whose work it was, I would have told them; but they never asked me, or I would have spoke.

Q. Did you say any thing to them when they were cutting Mr. Horton's work?

Clark. No, I did not. I heard them say, Mr. Horton did not give a price for his work.

Q. What has Mr. Horton to do with Mr. Poor's Journeymen?

Clark. He has nothing to do with them. It was, that he did not pay Mr. Poor price enough.

Q. Upon your oath, Did Mr. Walker pay a better price than Mr. Horton?

Clark. I cannot say that.

Q. Where did you place yourself when you ran to save this work?

Clark. I placed myself down towards the bottom of the shop.

Q. You knew they could not see you, How could they find you out, to ask you whose work it was?

Clark. No answer.

Q. Was there any bed that a man might escape under?

Clark. Yes, sir.

Q. Was not you under that?

Clark. No, I was not. I stood up in the shop. I got out of bed before the cutters came in at the door.

Q. You was not joked afterwards with running away from a woman in her shift?

Clark. That was some time after the cutters came in that I saw her in her shift.

Q. Did the cutters ask whose work was in the loom?

Clark. They asked whose work is this, and whose work is this?

Q. Who did they ask?

Clark. The man in the shop.

Q. What, the man in bed?

Clark. Yes.

Q. Then they could see the man in bed?

Clark. No, sir.

Q. Who did they ask? they could not see you?

Clark. I said that was Mr. Horton's, and that was Mr. Thompson's.

Q. Did not you tell me you never spoke to them? You said they never asked you, or else you would have spoke. Did not you say you never spoke to them?

Clark. No answer.

Counsel for the Prisoner. Whether your mistress was the person that was spoke to by them, and whether she spoke to them?

Clark. They wished her a good night when they went out, and that is all I can recollect.

Q. Did not they ask her whose work this was, and whose work that was?

Clark. I don't recollect that they asked her.

Q. Then who did they ask?

Clark. They asked me when I was towards the farther end of the shop.

Q. Did any of them come there?

Clark. Yes, Sir, they went all over the shop.

Q. Did they, or did they not come to the farther end of the shop, where you was?

Clark. Yes, sir, and all over the room.

Q. Were they near you, when they asked you about the looms?

Clark. They were pretty near me. They said, they would not cut that.

Q. How many cutters were in the room?

Clark. I believe there were more than two or three, but how many I cannot tell.

Q. How many voices did you hear?

Clark. I heard the voice of but one.

Q. Did you know that one?

Clark. No.

Q. Did they stop at all before they went down stairs?

Clark. I do not think they did; I can't be sure of that.

Q. Did you hear them say any thing after they went out of the room?

Clark. No, I did not hear them; the whole of what they said was, Whose loom is this, and whose loom is this? and they bad them a good night when they went away; and God bless you!

Q. Was any body meddled with in the place, or molested?

Clark. No one was molested.

Q. Did nobody lay hold round Mrs. Poor's neck?

Clark. I could not perceive any thing of that.

Abel Dowas . I remember the night the loom was cut; I said in the very next room to Mrs. Poor, in a room that I rent. I heard the cutters come up, and I arose immediately out of my bed, and looked through a hole in my own door, and there I stood. Their door and mine are within two feet and a half of one another.

Q. What did you see when you looked?

Downs. I could see nothing it was so dark. I could not distinguish one man from another. I could not know a person's face, or any thing. I staid all the time in my shirt looking to them:

Cross Examination.

Q. Was you looking to them all the time til they went down from the time they came up?

Clark. I was. I stood there to hearken to them. I heard them knock at the door, and desire them to open the door. She arose and opened the door. She said, coming Gentlemen, and unlocked, and unbolted it, and they came through, and went into the shop.

Q. Did you hear them speak?

Clark. I never heard them say a word; they only knocked at the door. I did not hear them say one single word till they went away; her room was between me and the shop.

Q. What sort of a hole was it that you looked through?

Clark. It was a large hole, above an inch long; an old large key-hole around one. I declare to God I don't know how many there were; I know there were more than one.

Q. Did you not see a woman in her shift?

Clark. I did not: whatever they said in the shop I could not hear.

Thomas Sykes . I think it was on the twenty-seventh of September, about nine in the morning. Mr. Dean's son came to my house to acquaint me, that Mr. Poor had moved his bed away, and his wife was in Bridewell, and Mr. Dean was gone to Sturbridge-fair. I collect rents for Mr. Dean at my leisure time; I went directly and went into Poor's shop; there I made a distress for the deficiency of rent, two pounds thirteen shillings and four-pence, to September the 15th; when I had just began the inventory. Mrs. Poor came in. She asked me what business I had there. I told her I wanted the rent, and if she would pay me, I had no business there. She told me she had no money, how should she pay, we have no work? and made such excuses and was very hard, &c. at last she came to words, and said she would blow my brains out; whereupon I was obliged to send for an officer; then she became more peaceable. When I had almost finished, she said she knew seventeen of the cutters, and she would hang them, except they would give her thirty pounds. She said she had got Doyle fast. I said, suppose they will not give you thirty pounds. She said then they might do as they pleased, for she would never appear against them.

Q. What might be the value of all their goods together?

Sykes. What I sold I sold for three guineas. I never saw many more goods in the house, tho' I have been in the house an hundred times.

Q. What, in your opinion, were all their goods worth?

Sykes. I do not suppose all were worth above ten shillings more than what I sold them for.

Q. Were they worth six pounds?

Sykes. No, nor four: no broker would ever give four pounds for all the goods they had in the house, looms and all; they were valued at three pounds three shillings, and I sold them for that.

The jury withdrew with the warrant that was produced by Barton. When they returned the foreman told the court, that by observing it by the light the date so med to be the 5th, which had afterwards been made into a figure of 8, upon which they had sent a private messenger to Bridewell for the commitment of Elizabeth Gun , which they produced to the court, with a hole in it, taken from off a file, which was dated the 5th of August.

Guilty. Death . Recommended .

41. (L.) Henry Lion was indicted for receiving eighty yards of hair shag, value 30 l. the property of Christopher Court, well knowing the same to have been stolen , by Sarah Gardner . See her trial, No. 518, in Mr. Alderman Turner's mayoralty.

The record of Gardner's conviction not being produced, without going into the evidence he was acquitted .

42, 43, 44, 45, 46. (L.) John Bowen , Thomas Franklin , and Richard Harper , were indicted for stealing three pair of silver shoe buckles, value 30 s. the property of Benjamin Cartwright , November 28 . and Margaret Knight and Ann Robinson , for receiving each a pair of the same, well knowing them to have been stolen .

The principle evidence against the three boys were their own confession; they being about the age of ten or eleven years their confessions were not received by the court.

All five acquitted .

47. (M.) John Carmichael was indicted for that he, on the 25th of September , about the hour of one in the night, the dwelling of Robert Cromwell , did break, and steal twenty pounds weight of raw silk, value 15 l. and twenty pounds weight of dyed silk, value 15 l. 200 hundred yards of silk trimmings, value 5 l. and 200 yards of gimp, the property of the said Robert, in his dwelling house . *

Robert Cromwell . I am a master weaver . I live in Moorfields . On the 26th of September, near two in the morning, I was waked by a pistol going off in the alley (I live at the corner of White-cross-alley); I lie backwards up one pair of stairs; I got up to see what was the matter; they began beating at my door violently; there were a number of people; they broke in; I heard one man's voice very plain in the entry; he is not taken; his name is James Cox ; he is gone off; they broke the warehouse door, and got in there.

Q. In what manner was the outward door broke?

Cromwell. They had forced the door so that the lock had flew down the entry about eight yards, where I found it with the key in it.

Q. What time did you go to bed over night?

Cromwell. I went to bed about eleven o'clock. The door was then locked and bolted with two bolts. When they broke in I heard the door fly open, and I heard something fall in the entry at the time, which, I believe, was the lock. Then I heard them beating against the warehouse door, which fell down I believe.

Q. In what part of your house is your warehouse door?

Cromwell. That is about a yard, or a yard and a half within the street door, on the right hand.

Q. Had that been fastened over night?

Cromwell. I had fastened that, and had the key in my pocket; in a few minutes after they were gone I went down, and went into the warehouse, and found it cleared of every thing partly.

Q. Did they go into any other room?

Cromwell. I believe they did not. I did not find any body had been in the parlour; the door was open.

Q. What did you miss?

Cromwell. I missed a parcel of raw silk; I believe about fifteen pounds weight of different sorts.

Q. What is the value of that?

Cromwell. The value about twenty-five or twenty-six pounds. I missed some dyed silk, about ten or fifteen pounds weight, worth about twenty shillings a pound. I missed some silk triming; there might be about two or three hundred yards of it; the value about twopence or three pence a yard. I missed some black and scarlet gimp, about two or three hundred yards of that, the value about twopence or three-pence a yard.

Q. When had you seen these goods before?

Cromwell. I had seen them over night; as for the trimmings I had made them up for an order, and left them on the counter in the warehouse over night.

Q. What time did you quit the warehouse over night?

Cromwell. About ten o'clock; the dyed silk was in a glass case, which they broke down, and the raw silk was hanging on a peg.

Q. Did you see any of the men?

Cromwell. No, I did not. I was afraid they would have come up, but they did not. When I went down I found my street door broke all to pieces, and the warehouse door lying along in the entry; the bolts remained on the door but the staples were flown out.

Q. What number do you think there were of them?

Cromwell. I can't tell what number.

Thomas Haines . I was in company with the prisoner in September last, I cannot justly say the day of the month, at the King's-head, a public-house in King-street Spital-fields; we went from thence to Robert Cromwell 's house.

Q. What did you go there for?

Haines. We agreed at the public-house to go there, with intent to cut and destroy some of his goods; he is a weaver.

Q. Did any other persons go with you?

Haines. Yes, there might be about eight or nine of us; we all went upon that agreement. It was about twelve at night when we went there; some had cutlasses, some had pistols.

Q. What had the prisoner?

Haines. I can't be positive whether he had any thing in his hand or not; we broke open the door of the house, and broke the door of the warehouse, and went into the warehouse.

Q. Did all go into the warehouse?

Haines. I cannot be positive who went into the warehouse, because it was all dark; there might be three or four in; we all cut and destroyed some lace and trimmings; we took some raw silk away; I can't justly say what quantity; some to make trimmings of.

Q. How much raw silk?

Haines. There might be five or six pounds weight of it.

Q. How much trimmings?

Haines. A very small quantity of trimmings.

Q. What was done with it?

Haines. One James Cox had it.

Q. Did the prisoner help to break the door?

Haines. No, he did not; he was about twenty yards from the door; he was looking out to keep people from us.

Q. Name the names of them that were there?

Haines. There was James Cox , Roman Hughes , and Major Baker, and I. I assisted to break the door; I was not in the warehouse, I was at the door.

Q. Where did you go to afterwards?

Haines. We went up to Hoxton. The silk was left at Major Baker's house; he is a weaver. It was left with him for him to give to James Cox ; we never saw the silk afterwards.

Q. What had Cox the silk for?

Haines. I fancy he had it of us to sell. I believe he sold it, because we had some part of the money.

Q. How much had you?

Haines. We had about three crowns a man. I had that for one; but I did not see the prisoner receive any of the money; that was divided among us about three or four days after.

Q. Where?

Haines. It was not in a particular house; it was were we appointed to meet.

Q. Who paid you your three crowns?

Haines. James Cox did. There was a watch-house just by Cromwell's house. The prisoner was near that.

Q. How near to Cromwell's door is the watch-house?

Haines. It is about twenty or thirty yards from his door.

Q. Did you ever hear the prisoner say he had any share of the money?

Haines. No. I never saw him much after.

Q. Did any of them use their pistols?

Haines. Yes, there were two or three pistols fired off.

Q. At the time you were at the alehouse, tell the conversation.

Haines. Our conversation was about going to Robert Cromwell 's, and how to get into the house to cut the work in the warehouse, and destroy all we could.

Q. Were there any looms in that warehouse?

Haines. No, there were not.

Q. How came they to take away any thing?

Haines. They designed to take away all in the warehouse if they could.

Q. Did you all agree to that?

Haines. We all did.

Q. from the prisoner. How came that witness to see me thirty yards from the house, and he at the door, and it was a dark night?

Haines. Because I am sure none of the company was farther off; we all agreed to keep as nigh together as possible.

Q. How many were there of you that went from the house?

Haines. There were about eight or nine of us. I believe two or three of them went into the room. I and Roman Hughes stood at the door; the prisoner stood at a distance from the door.

Q. Do you remember where you parted with the prisoner after you went out of the alehouse?

Haines. One separated one way, and another another; when we came to the house the prisoner was some where about the watch-house.

Q. Did you all go away together?

Haines. We did.

Q. How soon did you meet with the prisoner after you went from the house?

Haines. I saw him in the value of ten minutes after.

Q. Whereabouts were you when you first saw him after?

Haines. We were got a little beyond the watch-house; then we joined the prisoner.

Q. How near was that to the place where you left him when you went into the house?

Haines. It may be about thirty or forty yards from the house, much about the place where we left him when we went up to the door, there was not a great deal of odds in it.

Q. Was it a light or dark night?

Haines. It was a very dark night, there was a lamp by the watch-house, and another over Cromwell's door.

Mary Whiffen . I lodge in Robert Cromwell 's house. On the 25th or 26th of September, I heard a noise in the field. I got out of bed and lifted the window up, and put my head out there was firing and blasting. I thought they were going to another weaver on the right hand. I was not terrified, because I never suspected their coming. I saw several of them; they had something very bright, like pistols, or guns, or something of that sort, or swords or cutlasses; I saw some of them by the light of the lamps.

Q. How many might you sea?

Mary Whiffen . I did not see a vast many of them.

Q. Were there half a dozen?

Mary Whiffen . I should have thought there were nine or ten of them. When they drawed nearer the house then I was rather afraid; by drawing nearer, and crying out, for I heard the prisoner's tongue, Blast you, fire! Fire blast you, fire! I particularly heard Carmichael, for I knew him. I cannot say I could know any voice in particular besides him. There was, Blast your eyes and limbs, stand still, or I'll shoot your brains out, by G - d.

Q. How near was he to the house then?

Mary Whiffen . I can't say how near; I heard his voice very plain.

Q. How near is the watchman's stand to the house?

Haines. It is about twenty yards from the house. The prisoner was at some distance from the house. It was towards the watch-house that I heard his voice. I have served the prisoner silk, out of Mr. Cromwell's warehouse, several times. I have known him about three years; he was a workman to Mr. Cromwell, and often came to his shop. Sometimes I have seen him come there two or three times a week: sometimes every day. I heard them strike with great violence against the outward door. They first struck at the parlour window, but there is a crossbar in the inside shutter, and they could not get in there. I heard every beat from first to last. The blows were like as if with a sledge-hammer. In about three blows they struck off the lock from the door, it flew to the stair foot; then it appeared to me they struck four or five blows before the bolts came off; then they fired into the passage as soon as the door was burst open; then I heard them chop at the warehouse door; it appeared as if they were chopping, and it looked afterwards as if they had chopped. I heard them huzza, and Carmichael cry, Blast you! fire, when in the house: The sash windows in the warehouse were all smash'd; that I suppose they did, at the time they were taking the goods out; the firing was without side after; there were some within, they fired at the gentlewoman's window that lodges in the next room to me. There are four rooms on a floor. There were bits contanings picked up in that room, that were fired in.

Q. How many pistols were fired while they were in the house?

Whiffen. That I cannot say.

Q. Were there three times?

Whiffen. I should think three times half a dozen. There was some glass out of which they took the dyed silk; that glass was broke.

Q. from the Prisoner. How came you to tell me you was sorry for me, after I had been at Sir John Fielding's, and was cleared?

Whiffen. I spoke less than I knew by a great deal. After the prisoner was acquitted before Sir John, he came by Mr. Cromwell's house. I went to the door; he nodded his head to me and I to him. He said, Ah, here I am, blast you! and pointed his finger. Said I, You are a cruel fellow, how could you say I tried to s cragg you? Said I, I really could have done it, but I kept away, you good for nothing scoundrel; the voice I heard that presented a pistol, and said sit still, or stand still/, or you are a dead man, by G - d. I knew that voice. He said before the justice, I am a poor distressed fellow. I said I am sorry for you, you have distressed yourself.

Q. Did he ever work for Mr. Cromwell after he was acquitted?

Whiffen. He came for work the next day, and I said, how can you come to ask for work? you see the man is ruined by a pack of rascals: he said, Do you mean me; madam? Then he turned about to the rest of the folks and said, G - d d - n them, What cruelty is here! How they have broke the door! I believe he did not work for Mr. Cromwell after this, for there was nothing to serve him with.

Prisoner. I did work for him after.

Henry Tarrant . I am a watchman, my stand was near Mr. Cromwell's house in Moorfields. I remember his house was broke open about three months or eleven weeks ago; they came between one and two in the night, near one; as near as I can guess there might be sixteen or eighteen of them. I had cried past one. A gentleman came to the watch-house for a light over the fields; I went to light him over the fields. There were two men ran over the fields' crying, Lord have mercy upon me! I said to the Gentleman, let us go back. They shut the watch-house door. I was out, and could not get in.

Q. How near is that watch house from Mr. Cromwell's door?

Tarrant. It is about forty yards. A man sat down by my right side, and pulled my hat over my eyes, and there he held me all the time. I did not see any of their faces, neither did I know either of their tongues. The gentleman that was going over the fields got into the watch-house, but I could not. This man that sat down by me was one of the sixteen or eighteen.

Q. How long did he continue holding your hat over your eyes?

Tarrant. About ten or twelve minutes; they fired away over my head.

Q. Did you hear the noise of breaking?

Tarrant. No, I did not; after that they opened the watch-house door and let me in; then one of the men said, do you stand at the door? we do not want to hurt none of you. Who they were I do not know. One of them said, D - n your eyes, we do not want to hurt you! he bid me stand at the door, and keep it shut, that is the watch-house door; they fired through the watch-house window, there is the mark it made now. When they went away I lighted the gentleman over the fields; after that I went with my light to Mr. Cromwell's house, and found it as they say. I do not know that ever I saw the prisoner before I saw him at Justice Fielding's in my life.

John Hickey . I am a watchman in Moorfields. This watch-house is about five doors from Mr. Cromwell's house.

Q. How many yards do you think it is from his house?

Hickey. I believe it is about an hundred yards distance. I believe it is either eleven or twelve weeks ago this night I was in the watch-house. They would not admit us out; they kept firing upon us. There were our watchmen in the watch-house, and we dare not come out; there was only one man spoke; he blasted our eyes, and d - d, and bid us put our lights out; we put out our lights; there was nothing but blasting and swearing, and such like as that.

Q. Were the lamps lighted?

Hickey. They were all lighted.

Q. Was there a lamp near Mr. Cromwell's house?

Hickey. I believe there was not.

Q. Did you know any of the men?

Hickey. I can't say I knew any of them. I do not know that the prisoner was one of them.

Cromwell. I received information by Haines that the goods were carried to Baker's in Hoxton. I found some silk at Baker's, a damask silk, which I know to be mine; and is what I had in my own house over night. It is a dyed silk.

Q. How long after the robbery was it that you found it?

Cromwell. It was about six or eight days after.

Q. What is the bit you found worth?

Cromwell. It is worth eight or ten shillings. Cox, whose name has been mentioned, had been a journeyman of mine.

Prisoner's Defence.

I cannot say any thing in regard to this. I am intirely innocent; I was in bed at the time. I have worked for Mr. Cromwell some time, and have had silk of him and his partner. I never wronged him of any thing in my life. He told a watchman, if he could swear to any of us he would give him all the goods in his house. That man's name is Francis Barton , (who was called but did not appear.)

For the prisoner.

Mary Ward . I live in Half-moon-alley, Bishopsgate-street. I have known the prisoner fourteen years, but have had no great acquaintance with him till within three years. I have often heard Mr. Cromwell and Mrs. Whiffen say they thought him innocent of the affair, that 15, of the damage they had received that night. The prisoner lodged at Mr. Waterman's at the Green Dragon in Half-moon-alley.

Q. How came you to talk about the prisoner?

Mary Ward . My husband works for Mr. Cromwell; and I have gone for work for him, or money, and we have talked about the prisoner; it was at the time of his absence; he was gone into the country, and it has come in the way of discourse.

Q. Did you ever know of the prisoner's going in the country before that time?

Mary Ward . No, I never did; he was going in the country before, but Mr. Diggs arrested him, and put him in the Compter.

Q. How long after this robbery was it that he went into the country?

Mary Ward . It may be a week after, or a day, more or less.

Jos. Ward. I am husband to the other evidence. I have known the prisoner about three years. I have gone to and fro, the same as my wife to get work. I have heard the same from Mr. Cromwell and Mrs. Whiffen; that they thought the prisoner was an honest man as to their affair. When the prisoner was released by Sir John Fielding , I went to Mr. Cromwell's house for work; they fell into discourse with me, and asked me if I had seen Carmichael. I said, yes. Said they, he is cleared. I said, How is that? Said Cromwell, Sir John released him because there wanted another evidence; a slight evidence, he said, would have done. Said I, How slight an evidence? Said he, I am told a person may swear to a voice; I have one in the house that can, and he wished it had been done.

Q. Did he say who that person was?

J. Ward. No, he did not. I said to him I always thought that the man would get clear; I cannot think how you could have any thing against him. I suppose it is because he has been buying of clothes; yet he has been earning money.

Q. to Whiffen. Do you know this man and his wife?

Whiffen. I do.

Q. Did you ever declare that the man was innocent?

Whiffen. I do not know that ever I did, if I did I spoke against my conscience; I did go to Mrs. Ward's with intent to have taken the prisoner up once, but they said he was gone.

Q. Are you now sure upon your oath, that what you have said of hearing the prisoner's voice is a truth?

Whiffen. Yes: If I was before my Maker now, I do say it is a truth.

Q. to Cromwell. Did you ever think since your house was broke, that the prisoner was innocent?

Cromwell. I always thought he was guilty.

Q. When did you first hear Mrs. Whiffen declare she knew his voice?

Cromwell. I never heard her declare that within these three weeks; I believe she had rather he should be cleared.

Q. What induced you to think he was guilty?

Cromwell. Because he was always among these people in this club; I was in search of him and had a warrant against him, and he went off the next morning. I never spoke a word to Ward as he has mentioned. I told him Mr. Fielding had cleared him.

Q. Did you not tell him you had one in your house that heard his voice if that would be sufficient?

Cromwell. Upon my oath I never said any such thing to him.

Q. When was the prisoner carried before Sir John Fielding ?

Cromwell. He was brought from Coventry about the 5th or 6th of October. He was discharged by Sir John Fielding , about a month ago. I believe he might be about a month in custody when he was discharged. I did not know any thing what Mrs. Whiffen could say.

Q. How came she to speak of it?

Cromwell. The prisoner came and bred a riot about the door.

Prisoner. I was examined six times before Sir John Fielding .

Q. to Whiffen. When was the first you declared to any body that you knew his voice?

Whiffen. That was about three weeks or a month ago.

Q. How came it as you did know his voice, that you did not speak of it before?

Whiffen. Because he abused me, and told me I had a mind to scragg him; then I said you are a cruel man, If I had a mind to have done it I could have done it; he had not injured my property, and I did not mention it before.

Q. What was he committed for?

Whiffen. He was committed for assaulting and abusing me.

Q. When did you tell the justice of the peace that he was one of the persons in this riot?

Whiffen. That was just after he had assaulted me. I told the justice of it at the time he assaulted me, so that he was committed for the assault and this at the same time.

Q. Which did you complain of first?

Whiffen. I went and took out the warrant for the assault; I declared before his face, that I knew his voice, and saw him with a pistol and cutlass in his hand; I saw them all. I think I distinguished his face. I said before the justice I saw him hold a pistol, or small gun to a watchman. I got a fight of his face before the lamp was broke; they put their faces up as if going to strike at the lamp; I think I saw the prisoner in particular.

Q. How came you not to say so now?

Whiffen. I thought I was not obliged to answer particularly to that.

Q. Did you make the complaint for an assault before you laid the information?

Whiffen. I did.

Q. Was the complaint for an assault, and information made the same day, and at the same time?

Whiffen. I had the warrant served; and before the justice I said you are a cruel fellow to use me so; and after that I said I knew his face.

Justice Wilmot. This woman and Mr. Cromwell came on a Saturday evening. I was told a man had threatened their lives; the woman was afraid to go home; upon that I issued out a warrant: this was the Saturday before the information. I think on the Monday they brought the prisoner to the Rotation. Upon her examination she said, he threatened to beat her brains out. I asked him if he had any bail to answer that. She said to him I never thought to appear against you, but if I had appeared at Sir John Fielding 's you then would have been hanged, but she never intended it; upon that he was sent away, and she made this information against him before me.

Q. Do you remember what she said as to her knowledge of the man?

Justice Wilmot. She said she knew it was the man that she saw at a distance; and that he held a watchman's hat, as she believed, with one hand over his eyes, and had a pistol. As he had been discharged before Sir John Fielding I was very particular. She said she had known him a great while, and she knew his voice. She said, to him, you know I saw you hold the hat over the watchman's face.

Q. What answer did he make?

Justice Wilmot. I can't tell what answer he made.

Guilty . Death .

48, 49, 50. (M.) Catharine Smith , Susanna Thompson , and Esther Cosgrove , spinsters , were indicted for stealing a piece of purple linen, containing 12 yards, value 4 s. the property of John Taylor , Nov. 2 . +

John Taylor . I am a linen draper . I live in Tabernacle Walk, Moorfields . I was not at home when the linen was taken away, but when I came home the three prisoners were all in custody in my shop, on the 2d of November.

Q. Did you go with them to the justice's?

Taylor. No: my wife did. I can only say the linen was my property.

Mary Taylor . I am wife to John Taylor . Elizabeth Cosgrove and another woman, who was neither of the other prisoners, came into my shop; they wanted to buy a handkerchief; I let them see several; the other woman sat down by the window; she went out in a hurry and Cosgrove followed her. I soon missed a piece of linen. I ran out at the door, and saw they were running up the lane; there were four of them running. I cried, Stop thief. A young man ran after them, and took the three prisoners; the other got off: he brought them and the piece of linen back.

John Kitchen . I heard my neighbour cry, Stop thief. I ran out of my father's shop, and stopped Cosgrove first; then I saw Catherine Smith . I then went up to her, and said, I stop you for a piece of linen; she put her arm out with it, and said, Here it is.

Q. How far was she from Cosgrove?

Kitchen. After I passed Cosgrove, I ran about 100 yards, and then stopped Smith; when I catched Smith, I saw Susanna Thompson a little way from her. I bid my father's journeyman lay hold of her, which he did; we brought them all three with the linen to Mr. Taylor's house. Smith said, she was willing to go with me any where, and that one Mary Palmer took the linen and gave it to her.

Q. Why did you take Thompson?

Kitchen. I took her because they were all together. Thompson was between Smith and Cosgrove, and Mrs. Taylor calling out, They were the girls that robbed her.

Q. from Smith to Mrs. Taylor. Whether you saw me in your shop?

M. Taylor. Smith was not in my shop; they all went past my door together a little before.

Clement Sutton . I am a Cordwainer. I heard the cry, Stop thief! I went out and pursued. Mr. Kitchen took the piece of cloth from Smith, and I took hold of Thompson; and we brought the three prisoners back. When before the justice he asked them what they did for a living; they said they cried fish about. Smith said Mary Palmer gave her the linen to make her a gown.

Smith's Defence.

I had been to see an acquaintance of mine on the other side Moorfields; I could not find her. I met Palmer, she said, How do you do, Mrs. Smith? (Her mother lives in Water-lane, White-fryars ); she desired me to take this home to her mother's to make her a gown. The man came up and said, Young woman I come to you for a piece of linen. I said use me civilly and I'll go with you any where; and I delivered the linen to him.

Q. to Kitchen. Were they running or walking when you saw them?

Kitchen. They were walking; they were almost at Westley's preaching place going to Moorfields, about 100 yards from Mr. Taylor's; I ran as hard as ever I could.

Cosgrove's Defence.

I ran away from my father-in-law; a young woman named Mary Palmer , took me to sell fish and things for her. That morning she asked me if I had a handkerchief. She said if I would be a good girl she would lend me money to buy one. She took me to that, and that must be the time she took it; they laid hold of me and let her go. They asked me where she lived, and I told them; but they did not go after her.

Q. to prosecutor. Did you not go after Mary Palmer ?

Prosecutor. No, I did not, my business would not permit me.

Smith guilty . T .

Cosgrove and Thompson acquitted .

51. (M.) John Dran was indicted for stealing eight childs pair of worsted stockings, value 8 s. 13 yards of cloth, value 9 s. four yards of checked linen cloth, three linen handkerchiefs, four silk and cotton handkerchiefs , the property of Susanna Jenkins , spinster , Nov. 7 .+

Susanna Jenkins . I keep a shop in Oxford-market . The prisoner came into my shop to buy a pair of buttons, on the 7th of November; there was another man crept in behind him on his knees, and stripped the window of these things.

Q. Did you see him take them?

J. Jenkins. I did; that was when I went to give the prisoner change for the buttons; I cried out. Upon seeing them take the things I cried out, and they both ran away together. The prisoner aimed at the drawer to take that, as I had it out to give him change, but I snapped it in. I ran out after them and cried, Stop thief! and the neighbours pursued and took the prisoner, and brought him into the shop.

John Reed . On Tuesday night, the 7th of last November, I was at my door. I heard the cry, Stop thief! I went to see what was the matter. I met the prisoner with a pair of child's stockings in his hand. I asked him how he came by them. He said he picked them up in the kennel. I asked him if he had any thing more about him; he said, no. I took him into the shop, and upon examining him there were two pieces of silk and cotton handkerchiefs dropped from under his coat, by his side. (Produced in court.)

Prosecutrix. These were my property. (Several other things also produced.) These were picked up in the street, my property.

Prisoner's Defence.

He asked me where I got them stockings; I said, I picked them up in a court where the things laid scattered about; they took me into the shop, then before a justice of the peace. I was then going to see after a place, when the gentlewoman ran out and called, Stop thief! I saw a lad run out of the shop, and scatter things all about. I ran after him and picked these things up; they were all over mud. It was not this woman but a shorter woman that came out of the shop. I went up the court with her, and picked up seven or eight stockings, and brought them into the shop; then I picked up another pair of stockings; and that gentleman asked me where I was going. I said I was going into the shop; then she came and catched hold of me in the court, and said I was the man that was in the shop, buying a pair of buttons. I was searched and no buttons found upon me.

Guilty . T .

52. (M.) Jos Pisance was indicted for stealing part of a movement of a watch, consisting of a frame, brass wheels, cook, and slide, value 20 s. and some part of another watch movement, &c. value 5 s. and an enamelled dial-plate belonging to a watch , the property of William Fradsham , Dec. 4 . ++

William Fradsham . I am a watchmaker , and live in King's-street, near Red-lion-square. On Sunday night last a terrible fire happened; it stopt at the next house to me; we had our goods removed. The next morning a person came and told me I had lost many things, parts of watches. He told me of two persons who had robbed me, and where they were. I found them (the prisoner and evidence) at the coach and horses in Newtoner's-lane. I took them both before Sir John Fielding ; the prisoner was searched there by the constable; in his pocket was found parts of two watches, the same as laid in the indictment. I was informed some things were carried down below Tower-hill. There I found a jewel watch was stopped at Mr. Martin Dohoo 's, a watchmaker, at the Dial, St. Catharine's-dock, near the Tower; the evidence went with us to shew us. There was the guts of a watch, named Graham; part of another watch not finished. These I have not laid in the indictment (I only laid the things found upon the prisoner). I know them all to be my property, and they correspond with the rest of the work, and the numbers agree with the box; one is engraved with my own name, which was found in the prisoner's pocket; the prisoner said he found them. (The things produced and deposed to.)

Labodea. I am a Sardinian. The prisoner is an Italian; he was in the house at the time of the fire, and took two parts of watches in two chip boxes, and we went to offer them to sale down below Tower-hill; the watchmaker stopped them, and bid me go for the owner.

Prosecutor. The man that stopped them is named John Andrews , servant to Mr. Dohoo.

William Halliburton . I went with the prosecutor to serve the warrant upon the prisoner at Newtoner's-lane. I brought him to Sir J. Fielding's. There I searched him, and found these things upon him; the prosecutor's name is upon one of them.

Prisoner's Defence.

I went to the fire, and found them two boxes near the house; the boy with me, said, Will you go and sell them? I said, no, I shall a hole if I do. Said he, keep them in your pocket, I did. And in the morning, said he, Will you give them to me, and I'll go and sell them? I know where to sell them. Said he, Do not you go, they will stop you. After that he came and said, he had been to the watchmaker, and they had stopped them. I was a servant to a captain, and have been in London about a year.

Guilty . T .

53. (M.) Samuel Jos Cooper was indicted for stealing a turkey oyl-stone, value 12 d. a tennant-saw, value 2 s. the property of William Willson , a jack-plane, value 8 d. a pairing chissel, value 2 d. the property of William Milligan , a hand-saw, value 12 d. a rabit-plane, value 6 d. and one wooden square, the property of Hugh M'Dowell , one carpenter's plough, one long-plane, and a hammer, value 6 d. the property of Nathaniel M'Donald , May 29 . ++

William Willson . I am journeyman carpenter . I was at work at a building behind the queen's palace at Pimlicoe , for Mr. Beech. We missed the tools laid in the indictment on the 30th of May; we suspected the prisoner, and went to Sir John Fielding , and took a warrant, and took the prisoner; the justice was tender in committing him; as nothing then was found he was discharged. After which he used us with a good deal of ill language; we heard nothing more of him till the 30th or 31st of October; one of our men went to work near Tyburn; he saw the prisoner go into a new house; he spoke to the foreman and told him our suspicion; he desired us to come at night and see his things which he worked with; we went there; we found on the bench where the prisoner was at work a tennant saw of mine, a jack-plane of William Milligan 's; we went and got a search warrant; the next morning we went; he saw us; he endeavoured to make his escape. He did himself, but we found him, and brought him out to the constable; then I asked him how he came by these things; he said he bought them at an old iron shop. I asked him where was my oyl stone? and said he had better deliver it up than give us so much trouble. Then he went and delivered up all the other things except the plough.

Q. Did you make him any promise of favour?

Willson. The first time we did promise him to let him go if he would tell us, and let us have them. He would not then. But we made him no promise the last time. He had pawned the plough to pay for being married; he went with us to the pawnbroker where we found it; he delivered up the other things. ( Mentioning them and the respective owners.) He acknowledged he took them, and begged for mercy. ( The tools produced and deposed to by the respective owners.)

Prisoner's Defence.

I worked at Pimlicoe; a young man lent me these tools; his name is John Rose ; he was going into the country. When these people came to me, they asked me after some tools, and said, they found some upon my bench; they said, they would forgive me if I would let them have them; so I went with them, and let them have them, and they committed me to prison.

To his character.

James Sufford . I have known the prisoner from his infancy; he always bore a good character.

Guilty . T .

54. (L.) William Smallmen was indicted for stealing a cotton gown, value 18 d. the property of Ann Jones , spinster , Nov. 8 . *

Ann Jones . I live in Bartholomew-close , servant to Mr. Allen. On the 8th of November, I put my gown (a cotton one) upon a line in the yard. I can't tell the exact time, it was sometime in the afternoon. I saw it there about an hour or two before dark. The prisoner was catched by John Davis , in the place, about six o'clock, and he brought him into the house with the gown. It was an old gown.

John Davis . I and Ann Jones are servants to Mr. Allen in Bartholomew-close. I went into the yard about six o'clock that night, and saw the prisoner there; believing him a stranger I brought him into the house; he had got this gown in his hand.

Q. Can you tell how he came into the yard?

Davis. There is a thorough-fair by the yard, and sometimes people make a mistake, and go in there instead of going along the thorough-fair.

Q. What did the prisoner say for himself when he was brought in?

Davis. He said two men forced him into the yard; I believe he was in liquor.

Q. Did you ask him how he came by the gown?

Davis. My master did, but I do not remember his answer.

William Allen . On Wednesday the 8th of November, John Davis brought the prisoner into my shop; he had a gown on his arm. I asked him how he came by it; he said he was forced in by two men, to take any thing he should find upon the line; he seemed much in liquor, and said he had been drinking two hours with the other two men. I charged the constable with him. As we were going to the Compter he shewed us two men, one of whom we took, but upon his word only he was discharged.

Charles Ashwood . On the 8th of November, I was sent for, being a constable, to Mr. Allen's house, and there I was charged with the prisoner. They said he had stole this gown, and I took him to the Compter.

Prisoner's Defence.

I was working very hard that day; I went to a public-house to have some bread and cheese; then I went to go through there at about six o'clock. I took to the wrong door and went into the yard, and saw something lying; what it was I did not know. The man said I wanted to steal something; but I am as innocent as a child unborn. I never was in such an affair in all my life.

To his character.

William Maden . I live in Brick-lane, near Old-street, and am a blacksmith; the prisoner is my apprentice, and will have served me seven years come next Monday the 16 th; he always was a very honest lad as far as ever I knew of him in my life: he worked that afternoon very hard; then he went to a public-house where our men use, and got some drink there.

Q. Had you ever any reason to suspect him of being dishonest?

Maden. No, I never had reason to suspect him of being bad in my life; he has got twenty-four shillings a week; I always knew him to be honest.

William Hughes . I have known him about twelve months. I always thought him to be a very honest fellow, during the time he was at my house. I employed his master; I never knew any thing amiss of the lad.

Thomas Dorset . I never heard but that he was a very honest hard working lad.

John Alcock . I have known him from a child; he was always a very hard working lad.

Samuel Austin . I rent a house hard by Mr. Hughes where the prisoner works; he lodged in my, house about twelve months ago; during that time he always behaved honestly, and kept very good hours at night.

Acquitted .

55. (L.) Lazrous Jacob was indicted for stealing 80 silver watches, several metal watches, and 16 silver cases for watches, value 200 l. the property of William Turner , privately in the shop of the said William , Nov. 22 . ++

William Turner . I keep a watchmaker's shop in St. Michael's Alley, Cornhill . On the 22d of November I left the shop about half an hour after eight at night, and left my apprentice in it. There were a quantity of silver and metal watches in the window, and a glass case full of watches and cases: in the front there were about 44 or 45 watches in the front and window; in one case are 81 hooks, and in another 36, all full of watches and cases. What I have said in the indictment I am able to swear to: a gold watch, a watch with the inside metal, covered with shagreen, a watch with a gold dial plate, the inside and outside cases metal, and cover'd with tortoishel, 60 silver watches; there were more lost, I believe; and about 60 watch-cases. They had the maker's name upon some of them, S.T. 15 pair of them were found upon the prisoner, some of which weighed two ounces and five pennyweights; they are marked upon the edge the same as the watches strap were out at the workmen's; and we have the movements to answer. I left all these things that I have mentioned in the shop, and my apprentice in it.

Q. Who was there first in the morning?

Turner. My apprentice; he went between seven and eight, and came again immediately to me, and told me the shop was broke open, and all the watches were gone. I immediately went to the shop and found it so. I thought most likely they might be heard of in Duke's-place. I went there to Mr. Howard, who keeps a coffee-house, and told him the case; and told him if he found any such things offered with which names and numbers, he should be obliged to him if he would let me know. Then I went to Sir John Fielding , and told him of my loss. He told me not to advertise, but send out hand-bills. I went that night to goldsmith's hall, and got hand-bills sent out, and employed some of Sir John's men, but did not find any thing. My shop I found broke on the Thursday morning, and on the Friday, the day after, I had word from Mr. Howard to come to him. I went. He said, Mr. Turner, Have you lost any cases as well as watches? I said, a great many; said he, are any of them very heavy? I said, Yes, very remarkably so. Soon came in Mr. Keys the Constable. Mr. Howard said to him, where are them cases? He pulled them out tied up in a handkerchief; there seemed to be a large quantity of them; he put them on the table. I said these are all mine, I can swear to them. How came you by them? He said one Philip Levi , a Jew, that keeps a poulterer's shop in Duke's-place, came to him, and told him that Lazrous Jacob had been to him to ask him to buy some watches; and Philip Levi applied to him to go with him. I asked him where Lazrous Jacob was; he said he was in the Poultry-compter. I went with him there. It was the prisoner at the bar. I asked him how he came by these cases that were found upon him; he said some man brought them to him to sell. I asked him who. He said he did not know, and would not give me an answer. Philip Levi and Keys were by at the time. This was on the Friday, between eleven and twelve. We went from there to Guildhall; we could not be heard there; then we went to the mansion-house. Mr. Alderman Stevenson was there. The prisoner said to the same purport before him, that some man brought them, and he would not resolve any particulars.

Q. How much might you lose?

Turner. I think upwards of an hundred watches besides the cases. I cannot tell exactly my loss; it is above what I have put it in the indictment.

Q. Which way do you think they got into your shop?

Turner. The glass-case I found had been forced open with a chissel, which chissel they had left behind them. (Produced in court.). It fitted to the impressions made on the wood. I apprehend they must come in by a picklock or false key.

John Wansler . I am apprentice to the prosecutor, and am almost out of my time. On Wednesday the 22d of November, I left my master's shop about nine or a little after. I think the clock had struck before I came away. I left it safe.

Q. What number of watches might there be in it?

Wansler. I apprehend there might be about eighty watches of all sorts.

Q. What number of cases?

Wansler. There were some silver watch-cases that hung up along with these watches; we had intermixed them; there were a number of them; we generally hang them up so as soon as they come from the workman, who had them for springing and lining. There were some my master put in hand that night; I apprehend there might be fifty or sixty silver-cases. The cases were numbered on the edge, and the weight wrote on the inside.

Q. How did you fasten the shop up before you left it?

Wansler. I made it fast as I always do. I put all the pins and bars in, and double locked the door; for a farther proof the gentleman at the tavern was standing over the way; he observed I was more particular that night to double lock it.

Q. How did you find it the next morning?

Wansler. I went the next morning about eight o'clock. I put the key in. I could not think what was the matter; at last, turning and turning I gave a push and it opened. I expected to have found it double locked, and it was only single locked. When I went into the shop I found it was stripped; there were but three watches left in the window. I could hardly believe my eyes. I went over the way and told a young man that my master's shop had been robbed, and desired to know what I had best do; he advised me to open the shop, and lock the door, and go home and let my master know of it; which I did. I found a chissel on a nest of drawers which was put under the glass-case. My master came, and I was left to take care of the shop while he inquired about.

Philip Levi . I keep a poulterer's shop in Duke's-place. Mr. Lazarous Jacob the prisoner came to me yesterday fortnight, between ten and eleven in the day; and asked me if I would buy any watches. I asked him where he got them; he told me he had not got them; upon that I insisted upon having them. He told me there was a man had some watches to sell; and my heart was so heavy, having lost two hundred pounds worth of watches, and I had taken a man up, and he was cleared before my lord-mayor. I thought these were my watches. He said he did not know who had got the watches. I said, be so good as to inquire after the man, and if they are mine I'll give you ten guineas reward; he went away, and so did I. At night between six and seven he came to my house, and told me there were two men in Petticoat-lane, at the Bull-head, with a parcel of goods, he could not tell what they were, and if I would go there I should have assistance with me to stop them. I went directly and desired my brother to go and stop them, and I would go and get assistance; he went away and left me. I went to Mr. Keys, and desired him to go with me. We desired him to stop at the corner of the court, and, when he heard me call, to come in at the door. I went in and saw a man just at the entry of the door at Henry Lazrous's house. I went in; there was Mr. Lazrous sitting, and two women making an apple-pye. Mr. Lazrous said, Look about, there are some goods placed there. I looked as he directed, and saw upon the dresser some watches. I took hold o f them, and said, these are my own goods that I have been robbed of. I called the officer. I saw a man run out. I and the officer followed him; we were not able to seize him. I went into the house again, and took the watches, and put them into my pocket. I then said to Keys, may be there may be more in the house; we went up stairs, but nothing was to be found; then we took the prisoner, and in carrying him to the Poultry Compter, we went in at a public house near the Mansion-house. I took the watches out and laid them on the table, and looked them over; then I said to Mr. Keys, I do not know what I must do, these are not my watches; so I delivered Mr. Lazrous over to the officer, and I went home: that is all I have got to say.

Q. Can you not recollect more that passed between the prisoner and you concerning these watches?

Levi. I cannot; I was in such a flurry, I was quite raving mad. I shall never forget my goods.

Q. Had you no conversation with the prisoner about a bargain which he had to sell?

Levi. No, Sir, he did not know where they belonged to.

Q. Did he not say to you there was no danger in buying them?

Levi. No, he said nothing about it.

Q. Do you remember seeing the watches brought down stairs in a hat?

Levi. No, Sir; I can remember nothing about it, Sir.

Q. Did you not tell my lord-mayor about seeing a hat brought down full of cases?

Levi. I can remember nothing about it, Sir, I was mad as could be. I thought I should have killed a woman in the house.

Q. Do you recollect the price the prisoner asked?

Levi. He never asked a price for any thing.

Hen. Keys. Last Thursday night, about seven or eight o'clock, the last evidence came to my house, and told me Lazrous Jacob had informed him there were two persons had a parcel of watches and watch-cases to sell. Levi desired my assistance. I went with a cutlass, and was very resolute to take them. Levi went in at the Bull-head. I was a little behind him; I heard him call out; there rushed out a man and ran away; I ran, but I fell down, or I should certainly have had him. I went in; there were some cases lying on the dresser. Mr. Lazrous said, God d - n you, if you had not made a noise, you might have taken the person. We went up stairs, and in the cellar to see if any others were secreted; we found nothing. Levi gave me charge of Lazrous, and said, may be he will give an account who brought them here. I brought him to the Compter. We went in at an alehouse: there Levi looked at the watches, and said, Lord, have mercy upon me, these are not my property.

Q. Did not you say that Lazrous Jacob had offered some watches, and watch-cases to Levi to sell?

Keys No, Sir.

Q. Did, or did not Lazrous go up stairs, and bring down a hat full of watch-cases?

Keys. I saw none, because I was not in the house at that time.

Q. What do you mean by, at that time?

Keys. I was not in the house at first. When Levi had looked at them at the public house, and clapped his hands together, and said they were none of his; he gave them to me. There were fifteen double-cases and six boxes; the next morning I went to Mr. Howard's to look in the papers, if they were advertised, that the right owner might have them, and Mr. Howard told me they belonged to Mr. Turner. He said Mr. Turner would be there presently. I went to Fenchurch-street, and when I returned Mr. Turner was come; he claimed them.

Q. Do not you know of a treaty about selling these watches?

Keys. No, I do not.

Q. Do not you know who had them in their custody?

Keys. No, I do not.

Q. Was not you very ill used?

Keys. No, Sir.

Q. Was not you beaten by some-body?

Keys. No, Sir.

Prosecutor. The most material evidence I have is Mr. Morgan, my lord-mayor's clerk; he took the account in writing these two evidences gave there; they wanted to go back from their evidence, and Mr. Morgan said you have swore it, and how can you now deny it? Mr. Morgan is not here.

Keys. My lord-mayor asked me if I saw these cases in the possession of the prisoner. I said, no; for there were two or three of them that I saw lying on the dresser.

Acquitted .

56, 57. (L.) Susannah More , and Dudgin , spinsters , were indicted for stealing a watch, with a metal case, value 3 l. and ten guineas , the property of Henry Jordan , Nov. 3 . ++

Both acquitted .

58. (M.) Jacob Joyner was indicted for breaking and entering the dwelling-house of Robert Marshall , on the 2d of December , about the hour of three in the night, and stealing a cloth coat, with silver buttons, value 30 s. another cloth coat, value 5 s. a silk handkerchief, value 2 s. a pair of worsted stockings, value 12 d. a pair of silver shoe-buckles, value 20 s. and two half guineas, the property of the said Robert, in his dwelling-house . ++

Acquitted .

59. (M.) Samuel Eastman was indicted for stealing 50 pounds of sheeps wool , the property of Thomas More , Dec. 2 . +

Guilty 10 d. T .

60. (L.) ROGER PRATE , for that he being an ill designing person, of dishonest conversation, not minding to gain his livelihood by honesty, did falsely pretend that he was a merchant, and had great demands for paper abroad, by which means he did cheat and defraud Cornelius Taylor , paper stainer, of a large quantity of paper hangings , &c. July 16, 1768 .+

Acquitted .

(L.) He was a second time indicted, for by the same means cheating and defrauding James Cullen , a cabinet-maker, of a quantity of valuable household goods , July 10, 1768 . +

Acquitted .

He was detained to be tried for another crime of the same sort.

61. (L.) Jos Rhodes was indicted for wilful and corrupt perjury . ++

Acquitted .

62. (L.) James Harvey was indicted for wilful and corrupt perjury . +

Acquitted .

63. (L.) John Wilsworth was indicted for uttering a counterfeit piece; resembling a thirteen shilling and six-penny-piece, knowing it to be forged and counterfeited, as good as lawful money, with intent to defraud Jane Swinton , of Darkhouse-lane. Oct. 24 . ++

The prisoner being detected and searched, there were several other pieces of counterfeit money found upon him; but the constable, who had them in his pocket, being charged with a person for stealing sugar, and in the croud his pocket was picked of the pieces, so not being produced in court; the prisoner was acquitted .

Richard Barnsley , capitally convicted in October sessions, was executed on Wednesday the 8th of November. Doyle and Valleine the same sessions, were executed in Bethnal Green parish on Wednesday the 6th of December. William Horsfield , John Carmichael , William Eastman and Joseph Brown , capitally convicted this sessions, were executed on Wednesday the 20th of this instant December.

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

Received sentence of death six.

William Eastman , William Horsfield , Edward Davis , Josiah Brown , John Randall , and John Carmichael .

Transportation for fourteen years, one.

John Tremble .

Transportation for seven years, twenty-one.

John Williams , Robert Smith , John Robinson , James Simpson , John Carrall , Thomas Cave , Henry Martin , John Thomas , John Clark , William Tremble , Timothy Drury , Esther Light , Margaret Sumner , Richard Alderman , Catharine Smith , John Dean , Joseph Pasance , Joseph Samuel Cooper , Charles Hardwick , Ann Evitt and Samuel Eason .


Henry Williams , John Ward .

Richard Barnsley , capitally convicted in October sessions, was executed on Wednesday the 8th of November. Doyle and Valleine the same sessions, were executed in Bethnal Green parish on Wednesday the 6th of December. William Horsfield , John Carmichael , William Eastman and Joseph Brown , capitally convicted this sessions, were executed on Wednesday the 20th of this instant December.

Perrin and Fessey, whose sentences were respited in October sessions for the opinion of the Judges, received their opinions this sessions, that the indictments were insufficient. Fessey was discharged.

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