Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 26 October 2014), April 1770 (17700425).

Old Bailey Proceedings, 25th April 1770.

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 25th, Thursday the 26th, Friday the 27th, Saturday the 28th, Monday the 30th of April, and Tuesday the 1st of May, 1770.

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

NUMBER IV. PART I.

LONDON:

Sold by S. Bladon, at in Pater-noster-Row

THE PROCEEDINGS ON THE

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

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

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

1st London Jury.

Peter-Will. Bullock

William Kersill

John Bowley

John Holmes

John Mott

Charles Houham

John Hall

Jerom Stanton

John Farey

Anderton Pool

George Pym

Robert Gifford .

1st Middlesex Jury.

Benjamin Coates

John Edridge

Thomas Vardey

William Dickins

John Wharton

John Shewell

William King

William Nicholls

James Box

John Jackson

John Edmundson

John Elkins .

2 d London Jury.

John Carter

Richard Davis

Philip Green

John Brooksbank

Samuel Cheeswright

George Aldridge

John Long

John Leasey

John Swain

Benjamin Gray

Robert Faiton

Thomas Garrett .

2 d Middlesex Jury.

William Green

William Jackson

William Jones

James Hall

Thomas Compton

Thomas Thornwait

John Mitchell

Samuel Platt

Caleb Smith

Jos. Watson

Thomas Crouch

Robert Wright

216, 217. (M. 1st.) Catherine Mason , spinster , was indicted for stealing a silver watch, value 3 l. a steel chain, value 1 s. and a steel watch-key, value 6 d. the property of Roderick M'Cannon , and Samuel Duck , for receiving the same, well knowing it to have been stolen , April 6 . ++

Roderick M'Cannon. I am servant to an apothecary in the Hospital at Hyde-park-corner. On the 6th of April, between eleven and twelve at night, I was fool enough to go with the woman at the bar into a dirty alley, to have to do with her, and at the time she picked my pocket of my watch; I had just put it in my coat-pocket for safety. When I had done, she said she wanted to go to the necessary, and ran out of the dark alley. Before I put up my breeches I missed my watch. I ran up the alley, but could not find her high nor low. I searched the place, but had no candle. On the Sunday night I found her about the same place; I took hold of her, and said she had stole my watch. I took her to the watch-house, and the next morning before the justice, and swore she stole it. On the same day the man at the bar came with another man to the house where I had directed my watch to be brought, if found; I advertised it as lost. I let him know if he came with it on the Tuesday morning, he should have the reward I had offered. He came with it. I had got a warrant and took him up; the justice made me pay the money, for taking it out of pawn, one guinea and six-pence. (The watch produced and deposed to.)

Jos. Jenkinson. I am servant to Mr. Murthwate, a pawnbroker in Great Poultney-street. On the 7th of April the man at the bar pledged a watch with me; it was like this, but I cannot swear to it. He took it out again on the 9th.

Elisha Wilson was called, but did not appear; his recognizance was ordered to be estreated.

Mason's Defence.

I never saw the watch with my eyes.

Duck's Defence.

I had been to Knightsbridge; coming home about a quarter after eleven, I had occasion to go up this alley to ease myself; there I found this watch, and went and pledged it for a guinea, and on the Monday I saw it advertised, two guineas reward. I took it out and carried it to him, and he detained me. I never saw this woman by me with my eyes before.

Both Acquitted .

218. (M. 1st.) Charles Ribe was indicted for stealing a cloth coat, value 20 s. a cloth waistcoat, value 10 s. a steel scarificator, value 40 s. a silver catheter, value 20 s. a copper tea-kettle, a copper saucepan, a pair of scales, eighteen pair of silver cock-spurs, and five pair of steel ditto , the property of John Winter , Nov. 28 . *

John Winter . I live in Exeter-street . I was bred a barber surgeon. I keep a surgeon's shop, and deal in medicines . The prisoner was my servant . About six months ago he came and was with me near four months. I missed a cupping-instrument and a silver catheter in November, and my coat and waistcoat. When I charged him with the clothes, he said he had taken them to a friend of his to be cleaned. I had laid them on the counter, thinking to send them to be cleaned, and he took them unknown to me, and I never saw them since. The cock-spurs were in a drawer in the shop; they were the property of John Dudley , who had left them with me. When I missed them, the prisoner said he had taken some of them, and he brought five pair of steel ones and eight of silver again, and one pair I found in the drawer afterwards. I went to get a warrant for him, and he absconded, and could not find him till about two months after.

Prisoner's Defence.

My master fell down in the street and daubed his clothes on a Sunday night, and on the Monday morning I was told they were to be carried to be cleaned. One of my countrymen came, he told me, there was a friend of his in the Borough could do. them well, and desired me to let him have them to clean. I delivered them to him to carry; that friend is since gone to Amsterdam, and I forgot to ask him where his friend lived. I have given myself a great deal of trouble to find him, but cannot. I used to do the cupping business. I left these instruments with his patients one day. I found the cock-spurs in an old drawer; I pricked my finger with one of them. I put them in my pocket to enquire what they were, and was told they were cock-spurs. Master asked me for them; I went and fetched them from where I had left them, two doors off, and delivered to him all I had taken out of the drawer, I had never seen such things before.

Acquitted .

219. (M. 1st.) James Lee was indicted for stealing a wooden box, value 2 s. a silver watch, value 40 s. a pair of silver shoe-buckles, value 12 s. a pair of silver knee-buckles, value 6 s. seven linen shirts, value 30 s. a cloth coat, value 30 s. a cloth waistcoat, value 20 s. four guineas, one half guinea, and eighteen shillings in money numbered, the property of James Hall , in the dwelling house of John Harrison , Dec. 27 . *

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

James Hall . I am a shoe-maker , and did live at Mr. Harrison's, in Russel-street ; I rented a garret of him. On the 27th of December in the forenoon, I went out and had a pot of beer with a friend. The prisoner, Michael Sarsfield , John Dignam , and Robert Dunbar , followed me to the public house; they asked me to go and see a person they call the coalheaver. I said, I would not. I came home, they followed me; I went up stairs. Before I could lock my box, Sarsfield and Dignam came to me. We went down, and I gave them a glass of liquor each. Said Sarsfield, I have had no victuals this day. I gave them some mutton chops at the Blakeney's head in Bow-street. They whispered together. Sarsfield and the prisoner went out, and staid some time; when they came back they went out again and whispered. I left them and went home at about half an hour after twelve at night; then I missed my box with the things in the indictment in it, (mentioning them) I had seen them about three in the afternoon; I never got any of them again. Thomas Davis rented the next room of me, the back garret; we worked together. He told me it was the prisoner and Michael Sarsfield that took my box. I took up Sarsfield, and he was tried here. (See No. 78 in this mayoralty.) The prisoner ran away, and Sir John Fielding sent his men after him to Portsmouth and took him. When Sir John asked him what made him run away, he said, he ran away for debt.

Cross Examination.

Q. Did you never talk to any of these people about making this matter up?

Hall. They offered me money, but I would not consent to it. I told Sir John Fielding , I would not do any thing of the kind.

Q. In what way of business was you?

Hall. I am a journeyman shoemaker .

Q. Did you not apply to any body to borrow some money?

Hall. No, I did not.

Q. Had you no conversation with your master about borrowing money?

Hall. No, never. He sent to me to know if I wanted money the week before. I told them, no; I would not borrow while I had money of my own.

Tho. Davis . I am a shoe-maker. I rented a garret of James Hall. I was at work in the garret; he came up about ten o'clock and unlocked his box, and took some money out, (this was the Wednesday after Christmas.) He locked it again, and went out again. Sarsfield came about eight, and said, Are you at work? I said, Yes. He staid two or three minutes, and went away. In about a quarter of an hour he came again. I said, Sir, Where is my landlord? He said, I left him at the public house. I said, What is it o'clock? He said, It is just eight. That time he brought the prisoner with him. I knew Sarsfield before, but I never saw the prisoner before that night. I am very sure he is the man. I knew him again when I saw him at Sir John Fielding 's about a month after. Sarsfield sat down facing me; then he got up, and began cursing and swearing, and said, he wanted some money to go to a club. He came round to me. I looked round, and saw the prisoner go to James Hall's box, which was just behind me, about two or three yards from me. He took the box in his arms. I said, Gentlemen, what do you mean? Sarsfield said directly, Not a word, by Jesus. The prisoner went away with the box. Sarsfield all the while was standing over me for two or three minutes after the box was gone out of the room.

Q. Did the prisoner say any thing when he took the box, or while he was in the room?

Davis. He said nothing when he took it. He had been talking to Sarsfield.

Q. How long was the prisoner in the room?

Davis. About ten minutes. I had a candle in the room, and saw his face plainly before he went to the box.

Q. Was you examined on the trial of Sarsfield?

Davis. Yes.

Q. Did you say any thing about the prisoner?

Davis. I told the same as now.

Q. Did you alarm any body?

Davis. No; I was afraid to stir out of the room. Sarsfield asked me to light him down stairs; I did, and wished him a good night. Then I went up to my room, and staid there till my landlord came home, after twelve o'clock. I dare not go down stairs. My room is up three pair of stairs. I saw nobody from their going away till my landlord came home. I was a stranger in that part of the town, being lately come from the country.

Q. Did you not mention a word of Lee on the trial of Sarsfield?

Davis. I did not know his name then; I mentioned another man with Sarsfield. I knew his face, and know the prisoner is the man. When my landlord came home he missed his box; he came into the room where I was, and asked me where his box was; I told him Sarsfield and another man had been here and taken it away. There were some of the prisoner's countrymen and some of mine came to me last Monday and offered me seven guineas if I would go off. I am a Welshman. They said they would have a coach for me to carry me down to Windsor, or any other place. I saw one of them at the door as I came in.

Prisoner's Defence.

I know nothing at all of this affair. I know no more where this Hall lives than the child unborn. I never saw this last evidence till I saw him at Justice Fielding's. I never gave any body power to offer any money, or to do any such thing for me.

For the Prisoner.

Arthur Collins . I am a master shoe-maker. Hall worked for me: he came and borrowed a quarter guinea of me in the Christmas week.

Q. What day of the week?

Collins. The Monday or Tuesday in Christmas week. He said he had no money. I have made shoes for the prisoner; he paid me very honestly. He is a marshal's-court officer . I never heard a bad thing of him in my life.

John Barnes . I am a peruke-maker, and live in Russell-street, Covent-Garden. I have known the prisoner four or five years. He is a very honest man.

Philip Walsh . I live in Drury-lane. I have lent him money and he has paid it again very honestly.

John Smith . I have known the prisoner about three years. I always looked upon him to be a very honest man.

Roger M'Man . I live on Saffron-hill. I have known him about eighteen months. He has done business for me, and always behaved honest to me.

Patrick Lynam . I live at the Rose and Crown, Queen-street, Tower-hill. I have known him between six and seven years. I never heard any thing amiss of him.

Guilty . Death .

220. (M. 1st) William Lambert was indicted for stealing a silver pint tankard, value 3 l. the property of Richard Hopkins , Feb. 1 . *

It appeared by the evidence the prisoner was of insane mind. He was acquitted, and ordered to be taken care of .

221, 222, 223, 224. (M. 1st) James Ford, otherwise Dunn , William Miller , and Thomas Crookhall were indicted for breaking and entering the dwelling-house of John Bulley , Esq ; on the 3d of March, about the hour of one in the night, and stealing four silver table spoons, value 10 s. eleven silver tea spoons, value 20 s. seven copper candlesticks, plated with silver, value 40 s. a watch, with a gold box and metal case, value 40 s. and twenty-one guineas, the property of the said John, in his dwelling-house , and Peter Graham , for receiving the same, well knowing them to have been stolen , March 4 . *

The prosecutor's house is in Brewer's-street, Golden-square : the house being broke and goods taken away, was proved by the prosecutor and his servant, who made all fast over night. The only evidence to the fact, was John Colby , an accomplice, who deposed, he and Crookhall only broke the house, went in, and took the things mentioned: th at Ford and Miller were not to be found when he came out: that he flung the candlesticks into a pond behind Montague house, and sold the rest of the plate to Peter Graham's house-keeper, who lived then on Salt-petre Bank, and heard Crookhall divided the money between themselves; but there being no evidence of credit to corroborate his testimony, the prisoners were all four acquitted .

(M. 1st) They were all four a second time indicted; the first three for breaking and entering the dwelling-house of Henry Tracy , Esq ; on the 10th of March , about the hour of one in the night, and stealing five silver table spoons, value 20 s. six silver tea spoons, value 5 s. a silver soup spoon, value 5 s. two copper candlesticks, plated with silver, value 20 s. the property of the said Henry, in his dwelling-house ; and Peter Graham for receiving the table spoons, tea-spoons, and soup spoon, well knowing them to have been stolen .

The Prosecutor's house is in Conduit-street ; his servant, Thomas Burch , proved all was safe over night, and found broke in the morning, and the goods mentioned taken away.

Colby deposed, he broke the house and went in, and took the things mentioned; and when he brought them out, the prisoners were not there; he belived the watchman had drove them away, and that he went and sold the things to a woman at Graham's, not his wife; but his evidence not being supported by any other witness of credit, they were all four acquitted .

(M. 2d) They were a third time indicted, the first three for breaking and entering the dwelling-house of Martin Yorke , Esq; on the 12th of March , about the hour of one in the night, and stealing fourteen silver table spoons, ten silver tea-spoons, six silver desert spoons, a silver soup spoon, four silver sauce spoons, a silver tea-strainer, a pair of silver tea-tongs, four silver salt sellers, four silver salt spoons, two silver half-pint mugs, a silver cream pot, three pair of silver candlesticks, two pair of metal ditto, a silver coffee-pot, a silver sauce-pan, a silver fish trewel, a silver stove dish and cover, five silver waiters, four silver butter boats, a silver cup, a silver bread basket, a silver punch ladle, a silver punch strainer, two silver sugar basons and covers, two small silver candlesticks, a pair of silver snuffers, and two filligree essence boxes, the property of the said Martin, in his dwelling-house , and Peter Graham for receiving the same, well knowing the same to have been stolen, in the whole laid to the value of 147 l. 12 s. ++

Martin Yorke , Esq ; I was out of town at the time of this robbery. I had plate in the house to the amount of 400 l. a day or two before. I have carefully inspected the indictment, and knew I had such plate as mentioned there in my house. It was kept in a small room on the stair-case, in a large chest made on purpose to contain plate. I did not hear of it till the Tuesday in the afternoon: then I came to town. I found the house in great confusion; the shutter of the kitchen window broke, I believe with a chissel: there was the mark of a chissel on it. The bolt of the shutter had been cut through, or broke. It was parted in the middle. The door that shuts the kitchen from the back part of the house, one of the upper pannels had been cut to pieces, and taken out, in order to come at a bar on the inside. I found a cabinet, up one pair of stairs, had been broke. The cupboard, where the plate was kept, was broke, and every thing scattered about. A friend of mine had applied to Sir John Fielding before I came to town, and had sent two women, who, I was informed, had seen Miller near my house: on which the prisoners were apprehended. I was present at their examination before Justice Welch, but do not recollect any thing material.

Mary Simpson . I live servant with Major Yorke in Grosvenor-square , at the corner of Upper-Brooke-street. The house was broke six weeks ago last Tuesday morning. I fastened all the windows, and the door, and the area door, and gate, and the kitchen window. I went to bed a little after eleven on the Monday night; every thing was safe then. There were only me, the house-maid, and a little girl in the house. I heard no disturbance all night. The house-maid went down about seven; she and I went down almost together: I went into the butler's pantry, and saw all the plate was gone. I found a pannel of the kitchen door cut, and the bar taken down, and the sash of that window shoved up: the bolt of the window was cut in two; the shutters shut to on the outside, and bolt within. The area gate was broke open. I found they went out at the street door. The butler's drawer was broke: there was the mark of a chissel in several places, in all the places that were broke. I found two chissels on the dresser in the kitchen. They had taken down the tinder-box: I found that and some matches upon a chair in the kitchen: there was no tinder in the box, so they could not get a light there. The house-keeper's room was broke open, and three locks broke in that room. The top of the bureau was broke, and all the writings upon the floor; they took a gold ring and a breast-buckle from thence.

Peter Gobey . I am butler. I locked the pantry up before I went into the country, and put the plate in the plate chest. I am not able to say the chest was locked. I had been but a little while at that place, and had not seen the key. I locked the pantry door in which the chest stood, and took the key with me: there was in the chest most of the plate laid in the indictment ( mentioning them.)

Prosecutor. The filligree boxes I brought from the East-Indies.

John Colby . Ford, Crookall, and Miller, were with me in this robbery. On the Monday, before I went into Hyde-park, coming back by this house, I saw some plate in the window: Crookall said to me, There is a good deal of plate in that house: then we fixed upon that house to come to in the night. At night we met all four of us, and set out from the Boot in Cross-lane about twelve o'clock; I there told the other two of it. I told them I was going to Grosvenor-square, to a house there, where was a good deal of plate: we found the iron gate locked. I had a chissel in my pocket, and one of them had another: I put in mine and wrenched the gate open. I then went down and got the farther window open, by putting the chissel under it; it gave way a little; then I put my fingers under it and got it open. I hoisted up the sash, and got in at the window. There was nobody with me: they were up at the top of the stairs. I went into the kitchen; there was a parrot cage. I called up to the window to give me a light. There was no fire in the grate. I found a tinder-box, but there was no tinder in it. I strove to strike on the brimstone matches, but could not get fire. Crookall brought me a light; he went to put it in under the shutters and the draught of air put the candle cut: he was about a quarter of an hour in bringing it. After that I waited a good while and nobody brought a light. I got out at the window, and found the bit of candle. I took it, and went and lighted it myself at a lamp, about fifty yards from the house. Then I went in, and up stairs with the candle, and opened the kitchen door; Crookhall went in with me. I had opened a little door out of the kitchen that came into the area: we could find nothing in the kitchen of any value. I tried the kitchen door and could not open it; then I took a knife from the dresser and cut a pannel out; there was a bar went cross the door that shot in with a spring; I put my hand in and felt something move. I shoved the spring on one side and the bar came out; then Crookhall and I went out of the kitchen into a room on the left hand, where was some china; then there was another bureau desk we broke open, out of which we took a breast-buckle and a ring: then we came back again. There was a little pantry like; I know not whether it was locked or not; Crookhall had got it open before I came to it; there was some silver, but I am not certain what. Then we went up stairs; going up we went into a parlour where were books: we could find nothing there, nor in the back parlour. Then we went up stairs, and found a place with empty drawers; there were some ivory things; we did not touch any thing there. Coming down, upon the kitchen stairs, there was a closet, and a window upon the top; Crookhall looked in and saw something shine; I put my back to it, and he shoved against me; and when the door opened I fell down: there was a small waiter upon the dresser, and another plate, I cannot say what: there was a small chest stood upon another chest: we took it off and put it on the ground, and opened the chest. I do not know whether we broke it open, or whether it was not locked. There was a great deal of plate in it; very large plate, butter-boats, sauce-boats, a large waiter, spoons, a punch ladle; the candlesticks stood in a little closet on the right hand: we broke open the cupboard and took all we found, and put them into a green cloth which Crookhall brought there: we carried them down and laid the parcel on the floor; the cloth would not hold it all; then I went and found a woman's gown hanging on a peg; I put the rest into that; then we came up stairs and opened the street door and went out; the other two prisoners were there; they asked what we had got; I said a good deal of plate; we were in the house about three quarters of an hour. We went to Piccadiily and got a coach, and told the man we were going to Tower-hill, and bid him make haste, fearing the waggons should be gone, as the things we had were to go out of town. We all four got into the coach, and got out on Tower-hill; then I went to Graham's at Salt-peter-bank, which is about half a mile from Tower-hill; I had had dealings with him before. Then Crookhall came after me and brought the plate; the others came; we all went in. The plate was carried up stairs. I went up; the other three staid below. There were a pair of scales brought and the plate was weighed; it weighed three hundred and thirty-three ounces. He gave us 3 s. 6 d. an ounce for it, it came to 60 l. he paid 54 l. and left 6 l. remaining. It was put upon a bed. I laid myself on a bed and fell asleep. I do not know how it was taken away. I staid there about an hour, or an hour and a half. The money was not paid till after I awaked: then I called them up and threw the money down upon the table; it came to 15 l. each: we have not received the other 6 l. yet. We all went away together.

Mary Jackson . I am a washer woman. I was going to wash at Lord Shastesbury's; it is six weeks ago last Tuesday morning; that is the fourth door cross from Major Yorke 's door to the other side of the way; Mary Lane was with me. I have known Miller ever since he was two years old. He came up to Mary Lane; he took out a piece of candle; the snuff I saw was very low, He said, Good woman, will you be kind enough to let me light a candle? He was a pretty while in lighting it, which made me have the more time to look at him. I said to Lane, Lord bless me! I knew this young man from a child, his name is William Miller . He had a small hat and a red cloth coat on, and a neckcloth about his neck. He took his hat and put it over his face. Mary Lane said, if you are going a long way, you will have a difficulty to carry your candle. He said, I am going a good way. He came from the front door of Major Yorke 's house. I saw him come off the steps. As soon as he had parted we crossed the way. We met a couple of young men, and after that two more; they came towards Lord Shaftesbury's. One of them asked Mary Lane, what it was o'clock? She said, About half an hour after one. Then the other said, Come along: that was Ford, otherwise Dunn. The person that asked what o'clock it was, I did not know. Ford had been making water, and was putting up his breeches. Then we went to Lord Shaftesbury's, and was a pretty while before the butler let us in. Then Dunn came to Lord Shaftesbury's door, and made a stop and looked at me, so I saw him twice. Then he went back towards Major Yorke 's. He came singing all the way. Here are the two chissels; they were delivered to me at justice Welch's, to produce here. (Produced in court.)

Mary Lane. I met a young man that night; he asked me to light a candle at my lanthorn. I said, if he had far to go, he would not keep it alight. He said, he had a pretty way to go. Mary Jackson said, she knew him from a child, and that his name was Miller. I saw two men after that; one was doing his breeches up.

Mary Wilson . I am a washer-woman. It is six weeks ago last Tuesday, I was going to Lord Shaftesbury's to wash. I met Miller, (I knew him before) he came from Major Yorke 's door. I am not quite certain that he came from the steps of the door. He asked my partner to light his candle. I said, What do you want with a candle at this time of the morning? He said, to go to his lodging.

John Kenney . I know Miller, Crookhall, Dunn, and Graham.

Q. Do you know Colby the evidence?

Kenney. I do, he lives on Saltpeter-bank. Six or seven weeks ago, between four and five in the morning, I saw Colby and Crookhall come there, (I lodged there then) I was up in a one pair of stairs room; they called me up, and asked me to let them light a candle. There was a bundle on Graham's bed, it would not go into a peck measure. Colby and Crookhall went up stairs. I was called up stairs. Graham's wife asked me if I would carry a basket for her; I said, Yes. I carried it into the Minories some where; she went with me; it was a fish-basket; she used to sell fish. It was near half a hundred weight. What was in the basket was tyed up in a coarse cloth. When I came back again I saw Miller; in carrying it my head went through the bottom of the basket. I was obliged to bear it on my shoulder. I heard some jingling in it like plate. Before I got to the house in the Minories somebody called, Morea! (I served a Man of that name, and have gone by that name ever since.) I imagine that was Graham that called me.

Ford's Defence.

A young man asked me if I would spend four-pence halfpenny; I was going home, it was late. Colby and Crookhall met me. Miller said, if I was locked out, I should lie along with him. They brought me into Grosvenor-square. He stopped to ease himself; I staid and talked with him; Colby and Crookhall went away, and I saw them no more.

Miller's Defence.

When I was first taken up, I was brought before Mr. Welch; these washer-women were there. Mr. Welch seeing me have a golden guinea, he said, if I would back Colby's evidence, he would make that one guinea ten, and the washer-women should say nothing about me, and I should have my liberty if I would come and give evidence next sessions; and if I would not back his evidence, he would send me to Newgate, and bind these people to prosecute me. I am as innocent as the child unborn.

Crookhall's Defence.

I was evidence against this Colby and John Underwood last sessions. I went and surrendered myself up to justice Welch. One morning since, I met Colby; he asked me, what business I had to be an evidence against him? I said, I did not chuse to go on in that way any longer. He took me up to his room. Sir John Fielding 's men came and took us to the Brown Bear , opposite Sir John's house, from there to Covent-Garden Round -house. He was committed to Bridewell, and I to the Round-house. Colby has done this out of spite, in order to take my life away.

Miller's Defence.

Here is the foreman of the shop where I was at work the time of this robbery.

Graham's Defence.

I should be glad if Colby will say whether he sold me the plate or not. I never paid him a farthing of money in my life.

To Ford's Character.

Tho. Mills . Ford is a plaisterer . I have known him about a year and a half. He bore a good character till this affair.

Isaac Armstrong . I have known him seven or eight years; he served his time to my brother. He behaved very well then.

George Adley . I have known him four years and a half. He bore an honest character.

John Lemant . I have known him a year and a half; he was an honest good servant.

John Hillier . I have known him between two and three years; I never knew him in trouble before.

Peter Caswell . I never heard any thing amiss of him.

Geo. Wagstaff . I have known him two years and a half. I took him to be a sober honest lad.

Tho. Wild . I have known him a year. I never knew any thing of him but that of a harmless man.

Will. Greenhill . I have known him four years. He always bore a good character.

James Patterson . I have known him about a year. I never heard any thing bad of him before this.

For Miller.

Samuel Haxon . Miller was a turn-over to me; I am a carver. He behaved extremely well.

John Gibbons . I knew Miller ever since he came from his first master. I never heard any thing ill of him in my life.

Crookhall. I have no witnesses here.

Graham. Mine are all gone home.

Ford, Miller, and Crookhall; Guilty Death .

Graham, Guilty T. 14 .

See Crookhall an evidence against Murphy, No. 119 in this mayoralty. The person there by the name Colbeck, is the evidence Colby.

See Graham tried before, No. 143, 578, in Mr. Alderman Turner's, and No. 10, in this mayoralty. See him an evidence against Bagnall, No. 467. And see them both tried for a burglary, No. 477, in Mr. Alderman Harley's mayoralty:

225. (M. 1st.) Peter Graham , a fourth time, and Charles Burton , were indicted for breaking and entering the dwelling-house of John Archer , on the 12th of November, about the hour of one in the night, and stealing a silver tankard, value 5 l. a silver cream jug, value 12 s. three silver table spoons, value 15 s. tea silver tea spoons, value 10 s. a pair of silver tea tongs, value 5 s. and a silver salt spoon, value 12 d. the property of the said John, in his dwelling house . *

The prosecutor's house is in Lion-street, Bloomsbury-market . He proved his house was made fast on the 12th of November at night, and found it broke open on the 13th in the morning, and the things laid in the indictment were taken away.

Thomas Hargrove , a watchman, deposed he found a window-shutter of the house not quite shut to. He went to put it close, and two men jumped out at the window and ran away. One he thought like Graham, but did not swear it.

John Bagnall , an accomplice, deposed he, John Underwood , and Burton, did this robbery, and that Graham was not concerned in it; (though before the justice in his information, he swore he was concerned with Burton and himself, and that only Underwood went into the house, while Burton and he watched the two ends of the street.) His account being unsupported by any witness of credit, they were both acquitted .

See Graham and Burton tried, in company with Bagnall, No. 12 in this mayoralty.

226, 227, 228, 229, (M. 1st.) William Ogilvie , Shepherd Strutton , and John Wood , were indicted for breaking and entering the dwelling house of George Nares , esq ; one of his majesty's serjeants at law , on the first of March, about the hour of two in the night, and stealing a pair of diamond ear-rings set in gold, value 100 l. one amethyst ring set round with diamonds, value 5 l. one large silver ink-stand, value 10 l. a plain gold ring, value 5 s. one pair of silver shoe-buckles, value 5 s. two mourning gold rings, value 10 s. a silver medal, value 2 s. a thirty-six shilling piece, two two guinea pieces, three guineas, three half guineas, two five and three-penny pieces, two silver three-pences, two silver two-pences, two purses made of silk and worsted, value 12 d. the property of the said Geo. Nares , esq ; and John Maguines , for receiving the ear-rings, rings, and plate, well knowing them to have been stolen , March 1 . *.

Will. Stancliff . I am butler to Mr. serjeant Nares; it is my business to see that all the doors and windows are fast before we go to bed. On the last day of February they were all fast at going to bed. I got up a little before seven, on the first of March, and found that the window-shutter of the parlour forward, the ground room, was broke open by main force, and the closet in the passage was broke open; it appeared to be broke open by some very strong instrument.

Q. Was it light or dark when you got up?

Stancliff. It was daylight.

Mr. Serjeant Nares. On Thursday, which I believe was the first of March, the night of that day my house was broke open. I was called as early as it was discovered, which was rather after seven, and I saw where they came in. There are two setts of window-shutters, the outward in the street, and the inward. The outward were to pull to, and bolt withinside; to the other within, there is a bolt comes down to fasten them. I perceived the outward bolt was wrenched by an instrument which we found; they had left it in my wife's dressing-room. The outward bolt was wrenched so that it was bent; the screws were drawn so far as to bend it so as to let the shutter come open. That on the inside came directly down cross the window. It was a very large bar; had it fell, it must have alarmed the whole house, but the curtain had catched it. There were marks of mens feet on the pallisades where they stood to wrench the shutter. My bureau was all broke open. They had come into my study, and there they had taken away (for I am certain it was there over night) a large silver ink-stand, and in that I had that night put an amethyst ring set with diamonds, in the hollow of the ink-stand, and there were some other things taken. They had left the glasses belonging to the stand. They had searched all the papers in my bureau and in my pocket book. We went up into my wife's dressing-room; they had taken away the childrens perquisites. They had emptied out the money, and left one purse there; these were taken out of the bureau in my wife's dressing-room. There were four, but they had left one, which belonged to my eldest daughter. I verily believe they were surprised by something, for they left their instrument just by the bureau, a strong iron chissel. (Produced in court.) I had seen a two guinea piece in one of the purses, I think it belonged to my son; I think it was of king James the second, a very remarkable well-preserved two guinea piece; and I had likewise a queen Ann's guinea, which my wife picked out of the money that was produced at Sir John Fielding 's.

Cross Examination.

Q. Was it day-light when you came down?

Mr. Nares. It was perfect day-light.

Q. Do you not think there are more two guinea pieces as well preserved as that?

Mr. Nares. I dare say there are many. I have no doubt of that.

Mrs. Nares. The purses were all in my bureau. There was about 30 l. in money; two two guinea pieces, both very fresh, but one more than the other; a queen Ann's guinea, and several guineas besides. There was a crown piece of king William. I picked out a two guinea piece at Sir John Fielding 's and said, that was my two guinea piece; and I picked out a guinea out of fourteen or fifteen that were produced. I observed it by the freshness, and afterwards I knew it by another circumstance. (A guinea and a two guinea produced in court.) (She takes up the guinea.) As much as any body can swear to money, I believe I can swear to this guinea being in the purse in my bureau.

Mr. Serjeant Nares. I verily believe this guinea to be mine; I can say no more. I remember there was a little piece of black upon the cheek of the head, and it was on when I saw it at Sir John Fielding 's. Now it is off, but there is the mark where it was. I will not attempt to say it is the same, but it is very remarkable a spot should be in the same place.

Mrs. Nares. I had put the diamond ear-ring in my bureau that morning, and they were taken away.

Miss Nares. When I saw this guinea again, I did think it was mine. There was a particular spot of dirt upon the cheek, by which I thought it mine; here now is a mark upon the place; I saw it at Sir John Fielding 's. I can't take upon me to say it was one of the guineas that was in the purse, but I think it was.

Young Mr. Nares. I believe the two guinea piece which is here produced is mine. I can't positively swear to it, but I believe it to be the same. ( The court and jury inspect the two pieces.)

John Bagnall . About the first of March, Wood, Ogilvie, Shepherd Strutton, and myself were playing at skittles; we drank pretty freely, and staid pretty late; then we agreed to go to my room in George-alley, Shoe-lane, to supper. I had a fowl. We agreed to go out about twelve o'clock. We agreed to take a walk down the Strand. Coming by serjeant Nares's house, Wood (I believe it was) said, Let's try if we can't get this house open; it is near Chancery-lane.

Q. Had you seen the house before?

Bagnall. I had about a fortnight before, but had no intention then about breaking it.

Q. Had not you, or either of you, looked at the bolts?

Bagnall. No, we had not. I went to one end of the street, and Ogilvie the other. By-and-by Wood came down the street, and said they had got something. I went home, and Ogilvie went home. It was Wood bid me go to one end of the street, and Ogilvie to the other. We went to see if any body came. We staid there about an hour. Wood stopped at serjeant Nare's house; when he came to me it might be about one or two o'clock.

Q. Where was Strutton?

Bagnall. I believe he was along with Wood; we were all four together when we stopped at serjeant Nares's house. I left Strutton and Wood together in Chancery-lane. I saw nothing done. The next morning I saw them about seven at John Maguines 's house.

Q. Who were there at that time?

Bagnall. Maguines's wife, I, Ogilvie, and Wood. Wood told me he had sold the things to Maguines for 22 l. He said he had sold him a pair of ear-rings, but did not say they were diamonds. Maguines was not at home when I was there.

Q. Where did he live?

Bagnall. He lived in Hockley-in-the-hole; he is a turner by trade.

Q. How much of the money had you for your share?

Bagnall. I had five guineas in money; we divided it in Maguines's room. Maguines's was then at Isaac Lumley 's, as his wife told us; she let us in. Wood was there before us. I think Wood took Ogilvie's share; he was not there. There was some ready money divided, that amounted to about two guineas each, that was divided at the same time.

Q. Did Wood or Strutton say where they had the things?

Bagnall. No; I went up to Lumley's from Maguines's house.

Q. What did the money consist in?

Bagnall. It was guineas. I had seen Ogilvie have a two guinea piece about a week before this robbery was committed. I saw it several times before.

Q. Did he tell you how he came by it?

Bagnall. He told me his mother left it him. He had a good deal of money, I believe 30 or 40 l.

Q. Had you ever mentioned this before the justice?

Bagnall. I had not.

Q. Who did you see at Lumley's?

Bagnall. I saw Maguines there; he was sitting up stairs with a good many people; his wife told me he was there about seven in the morning. I heard there was a feast there the night the robbery was committed. I called Maguines out at the door, and told him, I and Mr. Wood had something to sell. He said, he had not heard any thing of it yet.

Q. Did you tell him where you got them?

Bagnall. No, I did not.

Q. Did you tell him they were stole?

Bagnall. No, I did not.

Q. How long had you been acquainted with him?

Bagnall. I had been acquainted with him some time before this, but I never sold him any thing before.

Q. How came you to go to him then?

Bagnall. It was Wood that was acquainted with him.

Q. Let me understand you: Had Wood sold him any thing before?

Bagnall. I believe Wood had sold him the things before I saw him; but I do not know whether he sold them to him or his wife. He said, he had heard nothing at all of it; I thought he had bought them.

Q. Then how came you to tell him there were some things to be sold?

Bagnall. I can't tell how I came to say so.

Q. Had you not seen him before seven that morning?

Bagnall. I had not; I saw his wife about half an hour after six. It was Wood that sold them. I never saw the silver stand-dish, nor ear-rings. I never saw nothing but the ready money.

Q. What time did you go away from Carey-street?

Bagnall. I came away about two, and went home to bed; they all of them went to their homes.

Q. Had not you appointed to meet at Maguines's?

Bagnall. No, we had not. I had no notion of meeting them at that time.

Q. How came you to go there?

Bagnall. I went down to see him as I often called there, but upon nothing particular.

Q. Which was divided first, the two guineas each, or the five guineas each?

Bagnall. The two guineas each was divided first; that, they said, they took from Mr. Nares's house; the twenty-two guineas were divided not ten minutes after.

Q. Did you never say Maguines was not at home, and you went and hid the goods in the ruins?

Bagnall. No, never to my knowledge. I was taken up upon a thing I knew nothing at all about; and Sir John said, if I did not swear to this, he would indict me for something else.

Q. Do you know any thing of this chissel?

Bagnall. I know nothing of it. I never saw it before now to my knowledge.

Q. Did you not see it when they stopt at Mr. serjeant Nares's house?

Bagnall. I did not see any tools at all.

Q. Did Wood go with you to Lumley's?

Bagnall. Yes, he did. He was in the taproom when I went up stairs to Maguines.

Q. What did you say to Maguines? Tell the very words.

Bagnall. I said, Wood had some things. He said, he had heard nothing of it yet.

Q. Had you made any appointment with Maguines?

Bagnall. No, I had been often out with Maguines at skittles, or a walking on Sundays.

Will. Haliburton. I am a constable. I apprehended Ogilvie on a Sunday, I can't tell the day of the month, it was the day after the robbery, or a day or two after. There was a person with him that I knew to be an old offender. I found in Ogilvie's pocket either twelve or thirteen guineas, three half guineas, a two guinea piece, a twenty-seven shilling piece, a five and threepenny piece, and some silver. This is the two guinea piece that has been produced here. I produced that money at Sir John Fielding 's on the table together. Mrs. Nares was there; she picked out at once the queen Ann's guinea. She said, I believe this to be one that was in a purse.

Q. What did Ogilvie say how he came by it?

Haliburton. He said, his mother had money left her, and he had it of her, but he could not tell where she lodged. He could give no particular direction to find her; first, he said she was in London; after that he said she was gone into the country.

Richard Watkins . I live now in Hare-court, in the Temple; I was apprentice to Mr. Freeland, a stationer, in Carey-street, when Mr. serjeant Nares's house was robbed, over-against his house. I observed three young fellows about the house some days before the robbery, it may be six or seven days before. I believe I should know one of them, he was in a very remarkable dress. He lifted himself up upon his toes, and stood on tiptoe to look into Mr. Nares's parlour. They rather cast their eyes up and down, looking, I presume, at the bolts and shutters of the window. I think Bagnall is one of them by his face.

Q. What time of the day was this?

Watkins. I believe it was about noon, or in the afternoon.

Tho. Barron . Mr. Watkins and I were both in the shop together; I saw them first, and mentioned them to Mr. Watkins. There were three men walked by the door two or three times, and took particular notice of the window-shutters and bolts, and to the best of my remembrance, Bagnall the evidence stood upon his toes, and looked in at the parlour window. I can't say I know either of the prisoners.

Sarah Hall. Bagnall lived in Field-lane. I have seen the prisoners once or twice in company with him. I lived with him about six weeks; I left him about two months ago.

Q. How many beds had he at the time?

S. Hall. He had one bed. He had one room, an upper room. When he went to live in George-alley, Shoe-lane, I left him; I did not stay a night with him there. They came two or three times, and drank a pint of beer together.

Q. Did you ever see them go out together on an evening?

S. Hall. No, never in my life. I cannot be upon my oath that these are the men.

Q. Do you know of Ogilvie's being taken up?

S. Hall. I know nothing about it.

Susanna Barry . I keep a tavern in Goodman's-fields. I have seen Strutton and John Wood in our house together. Once, I remember, Strutton, Wood, and Bagnall had a bottle of wine together in my house; and once, I believe, I saw Maguines with Bagnall at our house.

Isaac Lumley . I keep the Raven and Crown in Golden-lane.

Q. Do you know the evidence Bagnall?

Lumley. I can't say I know him, or either of the prisoners, besides Maguines.

Q. Had you a feast at your house on the first of March?

Lumley. I had; and I believe Maguines was at it.

Jane Lumley . I am wife to Isaac Lumley ; I know Maguines; we had a feast on the first of March. He came there, I believe, about eight or nine o'clock, and did not go home till next morning. I believe some of them went away at six, some seven in the morning.

Q. Do you know Bagnall?

J. Lumley. I never saw him in my life, nor neither of the prisoners besides Maguines.

Q. Did you see any body come to speak to Maguines?

J. Lumley. I neither saw nor heard any body speak to him. My husband was ill and went to bed; I did not attend to every body that came in and out.

Ogilvie's Defence.

I know nothing at all about what I am charged with.

Strutton's Defence.

I know nothing of the matter.

Wood's Defence.

I know nothing at all about it. I am intirely innocent of what is laid to my charge.

Maguines's Defence.

I know nothing of the matter. Bagnall is got into some hobble or another, and he would swear any body's life away to get himself clear.

To Wood's Character.

Sarah Haggard . I am an engine winder for the weavers. I took a room of Wood's mother, and lived in the house about a fortnight, he is as sober a lad as ever I saw; he is a weaver .

Eliz. Banfield . I have known Wood between two and three years; I lodged in his mother's house. All I ever heard of him is, a very honest sober lad.

Q. Where do you live now?

E. Banfield. I live at a coffee-house, the Turk's-head, by Westminster-bridge.

Q. Where did he live when you knew him?

E. Banfield. In Shoreditch.

Q. Whether you never heard any harm of him?

E. Banfield. I don't know of any.

Q. Have you never heard any?

E. Banfield. I have heard things reported of him.

Q. Have you not heard he has been in custody several times lately?

E. Banfield. Yes, I have.

Ogilvie, Strutton, and Wood, Guilty Death .

Maguines Acquitted .

230, 231. (M. 1st.) Shepherd Strutton , and William Ogilivie , were indicted for breaking and entering the dwelling house of Edward Guest , on the 19th of January , about the hour of two in the night, and stealing a silver tobacco-box, value 10 s. one moidore, ten guineas, and two half guineas, the property of the said Edward, in his dwelling house . ++

Edward Guest . I live in St. John's-street . My house was broke open between the 18th and 19th of January. My servant acquainted me with it after seven in the morning. I went into my compting-house, and found the lid of my desk broke open, and the drawers all thrown about. I missed a bank note of 20 l. and about 10 l. in money, and a silver tobacco-box.

Q. How had they got into your house?

Guest. They had cut down and broke one of the window-shutters, and broke a pane of glass, and opened the window. I sent my servant to Sir John Fielding , and it was advertised the next day, after which Sir John sent for me, and bound me over to appear against the prisoners. I never got any of my things again.

Jos. Dorton . I saw the house shut up safe over night, and found it broke open about seven the next morning.

Prosecutor. I have no other evidence but Bagnall.

The court did not think proper to examine him. They were both acquitted .

See Wood, Bagnall, and Strutton tried together for a burglary, No. 486, 487, 488, in Mr. Alderman Turner's mayoralty. See them all three in company with Peter Graham , tried for another burglary, No. 577, 578, 579, 580, in the same mayoralty. See Bagnall tried, No. 579, in Mr. Alderman Harley's mayoralty. See him tried in company with Graham, Underwood, and Charles Burton , No. 13, in this mayoralty. See Strutton tried for a highway robbery, No. 79, in this mayoralty.

232, 233. (M. 2 d.) John Gew and John Marshall were indicted for making an assault on Leonard Tresillian on the King's high-way, putting him in corporal fear and danger of his life, and stealing from his person, a six-and-nine-penny piece, and nine shillings in money, numbered, his property , March 7 . ++

Leonard Tresillian . On the 7th of March, about half an hour after eight at night, coming towards London in my chariot, my wife and my sister were with me. I saw two men on horseback; I hardly saw the first. It was about two hundred yards from a house where they had called for some gin. They commanded the coachman to stop. One of them came up to that side I sat on, put a pistol in, and demanded my money. I was on the off side. I gave him a six-and-nine-penny piece, and about eight or nine shillings in silver. On his going off he fired a pistol; whether he aimed at the coachman or not, I know not; he had threatened to shoot him. When I came to town, I went to Sir John Fielding , and gave information of this. I suspected there was another in company. I described the horses and the man, a smallish man, with a great coat and round cut hat on; a lightish bay horse (a poor horse), with a swish tail, about fourteen hands and an inch high.

Q. Was it light or dark?

Tresillian. It was very moon-light. I do not swear to the man because he had a crape on his face. When I came to Sir John Fielding (upon seeing the advertisement in the paper), I was desired to look at the men. I said, If it was either of them it was Gew; he was the most like the man that robbed me.

John Dillon . I was behind the carriage when my master was coming from Fulham . A highwayman rode up to the chariot; he was in a plain sort of a coat and a black mask over his face, and a round hat on; his coat was buttoned to him, and the cape pulled up round his face; his horse was a lightish bay, about 14 hands high. It was very moon-light. He threatened to blow the coachman's brains out: another man came up when he had done. He then fired at us. He said something; I just looked back, and the pistol went off within a few yards of me; I heard the ball whiz on the right side the carriage. I cannot swear to the man because he had a scarfe before his face. As we came by the Britannia they were calling there for gin. I saw the second man come up from the Britannia. He rode a brown horse.

William Gandall . I am a constable. When Gew was stopped, I desired him to take his hand out of his left hand waistcoat pocket; then I took out this pistol and this crape, and this horn, with some powder in it. (Produced in court). I found a sword, broke in two pieces, upon the tester of his bed. I asked him if he had any accomplice with him; he told me he had, one Marshall, and described his clothes. When he was taken he had a pistol under his left arm, and a cutlass under his right. (That pistol produced.)

Prosecutor. I was robbed with much such a pistol as this.

William Taylor . I was at Sir John Fielding's office when Gew was brought in; his girl was brought also. She gave a description of Marshall; she said he was dressed in such and such clothes; that he had a cutlass under his arm and a pistol in his pocket, and threatened to blow any body's brains out that should offer to attack him. As I was going down Prince's-street, I saw him at the end of a court talking to a person. I looked very hard at him. I went and asked Mr. Gandall's man, whether he knew the man he was after in the morning; he said he did not. Then I went back to Sir John Fielding 's, and desired a person to step with me, saying, there was a person answering the description of Marshall; he went one way and I the other. He went up to him, and asked him if his name was Marshall; he answered it was not; he mentioned some other name. I was up with them at the same time. The person said, I beg pardon, I thought you was the person. I must beg leave to look at your waistcoat (he had been described to have a striped linen waistcoat under another, and a cutlass under that) He took up the slap of his upper waistcoat, and said, Your name is Marshall, I am sure, and said to me, Mr. Taylor, Search him. I did, and found a pistol in his right side waistcoat pocket, and a cutlass under his left arm; the pistol was not loaded. I took a brace of balls and a white crape out of his pocket.

Thomas Downing . I live at the White-horse in Castle-street, Long-acre. On Monday, the 5th of March, the two prisoners came and hired two horses of me for the Tuesday to go to Rumford together; Marshall was the person that spoke; they were to be ready by ten o'clock at their lodgings. I had them down at the time; they returned about eleven at night. On the Wednesday they hired two more; one of them was a mare, which they did not choose to ride, and I hired one for them; they said they were to go to Greenwich: they went out about four, and came home about twelve at night. They ordered two other horses on the Saturday, and not coming in time I had let them out.

Q. What sort of horses did they ride the first day?

Downing. They were two dark brown horses with swish tails.

Q. What did they ride the second time, which was the 7th of March?

Downing. One of them was one of the same horses, and the other a little chestnut, or rather a sorrel, with a swish tail.

Q. In what condition was the sorrel horse?

Downing. In good condition. They mounted first in Wych-street; the second day in Mr. Savage's yard where I live. I remember Marshall a boy.

Q. Did you ever see them together before?

Downing. No.

Q. When they mounted the second day, which horse did Gew ride?

Downing. He mounted the light-coloured horse.

Gew's Defence.

We were going down into the country, into Suffolk, and we fired these pistols off as we were going along upon the coach-box. I am a peruke-maker from Suffolk. As I was going along the street I found that black thing: I took it up and put it into my pocket.

Marshall's Defence.

I am innocent of the fact. I own I had a pistol and cutlass upon me; the pistols I bought in Holborn, and took them down in my pocket. When I went to Sudbury we fired them off as we were going along. As to that caul which I had in my pocket, when I had my hair dressed I used to lie in it. We were at Rumford the first day, and the second we dined at the Bell at Dulwich. I was brought up a farmer, and had a fortune left me, a trifle a year for my life.

Marshall called two people to his character; one said he was a servant out of place; the other said he had known him but since he had been in custody.

Both acquitted .

234. (M. 1st.) John Underwood was indicted for receiving a repeating table clock, value 10 l. twenty silver tea-spoons, value 20 s. three pair of silver sugar tongs, value 3 s. three silver tea strainers, value 3 s. one silver salt-seller, value 3 s. one silver salt-shovel, value 6 d. two silver table spoons, value 12 s. one silver punch ladle, value 5 s. one silver milk-pot, value 5 s. one silver candlestick, value 10 s one black silk cloak, value 3 s. and one silk handkerchief, value 2 s. the property of William Nightengall , well knowing the same to have been stolen by John Murphy , who was convicted for the same in Feb. Sessions . *

See No. 159, in last Sessions paper.

Mr. Nightengall gave the same account as on that trial.

John Colby , whom, on that trial, Crookhall calls Colebeck, an accomplice, gave the same evidence Crookhall aid on that, that he, Crookhall and Murphy, broke the house, and stole the plate and things laid in the indictment, and sold them to Underwood for six guineas; but his evidence not being confirmed by any witness of credit, the prisoners were acquitted .

See Underwood tried for a burglary, No. 11, in this Mayoralty.

235, 236, 237. (M. 1st.) Thomas Robinson , Thomas Gahagan , and William Lewis , were indicted for breaking and entering the dwelling-house of William Hills , on the first of March , about the hour of eleven at night, and stealing an iron poker, value 1 s. and an iron fire-shovel, value 1 s. the property of the said William . ++

This appeared to be a great outrage, but no felonious intent.

All three acquitted .

238, 239. (M. 1st.) John Hodge and Thomas Farrell were indicted for stealing a velvet pall, value 7 l. 7 s. the property of Daniel Neal , April 7 . ++

Daniel Neal . On the 7th of April I had the burying Mr. Nicholson's wife in the parish of St. John's, Southwark . I being in a back room came forwards, saw the parlour door open, in which the corpse was. I went in, and missed my velvet pall from off the coffin. I was obliged to send and borrow another to perform the burying. I advertised it, and the Monday following came Paget and Thomas Martin and informed me it was stole by Farrell from off the coffin, and Martin received it of him, and they went into a field and cut it into seventeen pieces and carried it to a house in Petticoat-lane, and left it to be disposed of by a Jew. Martin was to have been the chief evidence, and he is set at liberty to discover other robberies, and cannot be found.

Both acquitted .

240. (M. 1st.) Mary King , spinster, was indicted for stealing a pair of linen sheets, value 12 d. and a looking-glass, value 10 d. the property of Sarah Williams , widow, in her ready-furnished lodging , March 22 . *

Sarah Williams . I live in Felix-alley, St. Martin's parish . I lett the prisoner a ready-furnished lodging three months ago. I had lett her a lodging a year and a half before; she behaved well then: she lived in the lodging the last time ten or twelve weeks; at about the nineth week she came down and asked for a clean pair of sheets; I asked where her foul ones were; she said they were gone to be washed, but I never saw them since. On the 22d of March I missed the looking glass, and when I asked her after it, she said she had pawned it in Drury-lane; the constable went with her and brought it. (Produced and deposed to). She never would let me know where the sheets were.

Robert Hall. I am servant to a pawnbroker in Drury-lane. The prisoner pledged this looking-glass at our house on the 20th of March.

Prisoner's Defence.

Mrs. Williams gave me leave to put out the sheets to wash. I owned I pawned the looking-glass, but did not intend to wrong her of it.

Guilty. 10 d. Recommended . W .

241. (M. 1st.) Edward Wynn was indicted for stealing a silk handkerchief, value 10 d. one check apron, value 6 d. a pair of scissars, value 6 d. and half a guinea , the property of Elizabeth Clark , widow.

The prosecutrix did not appear.

Acquitted .

242. (M. 1st.) Edward Berry was indicted for stealing a woollen surtout coat, value 4 s. and a linen handkerchief, value 12 d. the property of William Leader , March 15 . ++

William Leader . I am a publican in Prince's-street, Leicester-fields . The prisoner came into my house between twelve and one, and called for some beer; about two an evidence I have here found him putting my coat on, and his own over it, in the room where my coat used to hang. He acquainted me with it. I let him alone to see if he would take it away for about a quarter of an hour: then I went to him and said, Your coat stands out, what have you under it? he said he had a child there; then I said I must turn midwife: I unbuttoned his coat and saw mine under it, and made him pull it off; my handkerchief was in one of the pockets.

Prisoner's Defence.

I know nothing in the world of it.

Guilty 10 d. T .

(243. M. 1st.) Robert Watson was indicted for stealing a silver watch, value 3 l. the property of William Osmer , in the dwelling-house of George Benson , March 20 . *

William Osmer . I live in the house of George Benson , in King-street, Golden-square . On Monday the 20th of March, I went to bed about twenty minutes after nine, by my watch, and hung it up by my bed-side; my brother lay along with me. He got up before me, and said, William, where did you hang your watch last night? I looked and missed it. I never fasten my door. I found the prisoner, who lodged in the room under mine, did not lie in the house that night: he had a key to let himself in and out of the house. I took him up on suspicion. William Willson brought my watch to Sir John Fielding 's the next morning, who said he had it of the prisoner. When I first took him up, he offered me five guineas not to take him before the Justice. He owned he had had it, but would not tell where it was for five guineas.

Q. What is the prisoner?

Osmer. I think he is a writer for an attorney .

Elizabeth Hawkins . I lodge in the same house, on the ground-floor; just before one o'clock that morning, I heard somebody go down stairs, and go to the door and unlock it and go out, and shut it after him, and lock it again; I cannot say who it was. I did not see the prisoner in the house that night.

William Willson . On the 20th of March the prisoner came to me at my master's, Mr. Robert Gordon 's, in Charles-street, and told me he wanted to speak with me (he was in liquor); he told me, he was in some company last night; they were playing at cards, and he had bought a watch, and desired me to keep it and regulate it by mine. I asked, what he had paid for it: He would not tell me; but said, he had but six guineas the night before; and he pulled out five, and shewed them to me. I advised him, as he was in liquor, not to go to work, but go home and lie down. He left the five guineas and watch with me. About four in the afternoon he called on me again; he did not appear to be sober then. He desired me to keep the watch a little time, saying, he was afraid the fellow he bought it of had stole it; for he gave but a guinea for it. The next morning, between eleven and twelve, I heard he was taken up for stealing a watch. Then I went to Sir John Fielding , and delivered it up. (Produced in court.)

Prosecutor. This is my watch, my name is on the dial-plate ; I had it made so.

Prisoner's Defence.

I never had the watch; I know nothing about it.

He called Mr. Dalrymple, Mr. Gordon, and Mr. Urquhart, who said, they had a good opinion of him for honestly before this offence.

Guilty 39 s. T .

244. (M. 1st.) Mary, wife of Daniel Cole , was indicted for stealing twenty-one yards of cotton cloth, value 50 s. a linen shirt, value 4 s. a linen shirt, value 2 s. and a woman's silk hat, value 5 s. the property of Tomison Dearsley , widow, and Margaret Long , spinster, Apr. 10 . ++

Acquitted .

245. (M. 1st.) Peter Batchelor was indicted for stealing a silver watch, value 40 s. the property of John Delaforce , privately in the shop of the said John , March 8 . ++

John Delaforce . I live in Nortonfalgate , and keep a pawnbroker's shop . On the 8th of March the prisoner came into my shop, and asked me to shew him a watch. I shewed him a silver one with an enamelled dial-plate. He did not like the plate. I shewed him another with a silver plate. He seemed to like it. He said, there is another that hangs up in the corner, let me look at that. It was hanging in the window. I took the frame down in which the watches hung; in the mean time he ran away with the other. I jumped over the compter, and called out, and ran after him, but he out-ran me.

Q. Did you ever get your watch again?

Delaforce. No, I never did. I have known him eight or nine years; and some of my neighbours hearing he had robbed me, came and told me he was drinking at the King's-arms alehouse in Bishopsgate-street, the night after. There I went and took him. I asked him, what he had done with my watch? He said, he had taken it, and given it to one Ann White , and she had sold it to Mark Marks , a Jew, for a guinea.

Prisoner's Defence.

What he has swore is as false as the child unborn. I never was in his shop. I was ill at that time better than a night and a day, and was in bed. I might in a fright acknowledge I took the watch when he took me up.

To his Character.

Rich. Walker. I have known him about two years; his character is that of honest. He was a shop-mate of mine.

Q. What has he done for a livelihood this last three months?

Walker. I do not know.

John Flude . I have known him five years; he bears the character of a very honest man.

Paul Batchelor . I am his father. I never heard a bad character of him before this.

Tho. Fair . I have known him about half a year; he was always very honest.

Guilty of stealing, but not privately , T .

246. (M. 1st.) William Taylor was indicted for stealing 20 lb. weight of sugar, value 5 s. the property of Richard Murrall , March 28 . *

Rich. Murrall . I live in St. John's-street, and am book-keeper to Tho. Rogers , of Sherrington's waggon, at the Windmill-inn . He carries goods to Newport-Pagnell, Onley, and other places, and we always take care in loading to put those goods in first that are to go farther, so that we have often a pretty many different sorts of parcels standing about between the warehouse and the waggon. On the 28th of March we had three separate loaves of sugar, and seven separate parcels tyed up in paper, directed for J. Jackson, Newport-Pagnell, brought in the afternoon in a cart, and put down by the warehouse together, in order for loading. I saw them there. I was sent for to the Golden Lion, in the same street, and left the goods in the care of Robert Rogers and Isaac Freeman . I was very soon sent for back; this was about nine in the evening. The prisoner and sugar were then in the house, he desired favour. I told him, he should have as much as he had merited.

Robert Rogers . I am servant to Mr. Murral. On the 28th of March I took the things he has mentioned, out of Mr. Cinton's cart, three loaves and seven parcels, all separate things. I put them down on flats and hampers by the warehouse-door. I had a candle in my hand, weighing some things to put in the waggons. I heard a russling of paper and things behind me. I turned about, and did not see any body. I came nearer these parcels; then I missed a lump of sugar. I went behind some baskets; there I saw the prisoner with this lump, holding it by the string under his court. (Produced in court, Direction, J. Jackson, Newport-Pagnell.) He seemed to be in a great flurry. I took him by the collar; he dropped the sugar, and wanted to push away from me. The porter assisted me with him into the house. He said, he was very sorry for what he had done.

Isaac Freeman . After Mr. Rogers had the prisoner by the collar, I saw the lump in the prisoner's hand, and saw him drop it, and attempt to go away.

Prisoner's Defence.

I did go up the yard, and was very full of liquor.

He called Tho. Goldsbury , a born-camb maker, Thomas Bradshaw , and William Maylin , a porter, who said he was a porter , and always bore an honest character.

Guilty . T .

247. (M. 1st.) Ann Markwell , widow, was indicted for stealing a pair of sheets, value 20 s. a pair of pillow-cases, value 4 s. three shirts, value 30 s. two neckcloths, value 6 s. three stocks, value 9 s. one handkerchief, value 2 s. two towels, value 4 s. and one breakfast-cloth, value 3 s. the property of Thomas Heath , Esq ; Jan. 7 . ++

Tho. Heath , Esq; I lodge in Great Russel-street, Bloomsbury ; the prisoner was my servant , she had the care of my linen. I missed some things on the 23d of February, and suspected she had pawned them. I took a search-warrant from Sir John Fielding , and found several of them at two pawnbrokers.

Q. How long had she been your servant?

Mr. Heath. A little more than two months.

Q. Had you a character with her when you took her?

Mr. Heath. I had a very great character with her.

John Lane. I am a pawnbroker, and live in High Holborn. The prisoner pledged two shirts, two neckcloths, and a handkerchief with me. (Produced in court) They were brought at different times; the first was on the 5th of December, the others the 22d and 23d of January.

W. Humphrys. I am a pawnbroker, and live in West-street, St. Ann's. These pair of sheets, a table-cloth, two towels, and a pillow-bier, the prisoner pledged with me, between the 6th of January and the 22d. (Produced in court.)

Prosecutor. (He looks at the marks) These are my property.

Prisoner's Defence.

I did not take them with intent to keep them, but to return them again.

To her Character.

Mary Goodwin . I have known the prisoner about twelve years; she lived five years with my father. She was very honest, and very sober.

Guilty . B .

248. (M. 1st.) Eliz. Lappington , spinster, was indicted for stealing 180 halfpence, value 7 s. 6 d. the property of W. Phipps, March 20 . *

Ann Phipps . I am wife to William Phipps , and live at Stepney, at the Dolphin and Crown , a public house. I had been robbed several times before, and was resolved, if possible, to find out the thief. There were twenty half crown rolls of halfpence in paper, when I went to bed on the 19th of March, in a box in the bar, which was nailed to the wainscot. I had seen them all there in the afternoon. I missed three rolls on the 20th. We suspected the prisoner; she was our servant. We searched her box, and found three rolls in it. She was present when we searched. Then she held up her hands, and begged I would say nothing about it, and said, she would stay and work it out. (Produced in court.) I can take upon my oath to say these are some of the rolls that were in my box; we make them up in a very particular way.

The prisoner said nothing in her defence.

Guilty . T .

249. (M. 1st.) Sarah Ellis , spinster, was indicted for stealing seven yards of cotton cloth, value 14 s. five yards of linen cloth, value 10 s. and two stuff quilted petticoats, value 16 s. the property of George Beck , privately in his shop , February 27 . *

Geo. Beck . I live at Chelsea , and deal in haberdashery and linen . I am not sure to the time I lost the things mentioned in the indictment; it was about the beginning of February. The prisoner had been in my shop, and had bid me money for the petticoat. She cheapened several things besides. She bought some gloves and some ribbons, and other odd things. I never observed her to take any thing after this. Mrs. Holmes came to my shop, and asked me if I missed any thing? saying, there were some things found that had my mark upon them, and the prisoner was suspected. I got a warrant and took her up. Mrs. Holmes brought the things laid in the indictment, to me; I am sure I never sold them to any body. They are my property. The prisoner confessed she took them away at different times, but never would tell me in what manner she took them.

Mary Holmes . I am a mantua-maker, and take in plain work. The prisoner brought these things to me to make up for her. She told me she bought them.

Prisoner's Defence.

I am quite innocent of the fact.

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

250, 251, 252. (M. 1st.) Henry Dixon , Tho. Darby , and John Speller , were indicted for breaking and entering the dwelling house of John Bassington , on the 3d of April , about the hour of one in the night, and stealing a silver pint mug, value 4 l. four silver table-spoons, value 40 s. seven silver tea-spoons, value 10 s. one silver marrow-spoon, value 3 s. two pair of silver shoe-buckles, value 20 s. twenty guineas, and 4 l. in money numbered, the property of the said John, in his dwelling house . *

John Bassington . I live at Hoxton . My house was broke between the 3d and 4th of this instant April. I got up about six o'clock on the 4th in the morning, and found my kitchen window, even with the ground, open. There were shutters to it; the keys had lost their springs that key'd them to, and by turning the bolts round, they sell out, so that they opened the shutters and then the casement, and cut the wooden bar out on the inside. They broke two panes of glass, and untwisted the lead from the wooden bar, and took the light out; then there was room for them to get in. I found four locks broke in the house. They had opened a corner-cupboard in the corner of the kitchen, where I had happened to leave some cash, above twenty guineas to gold, and about 4 l. in silver. I missed a pint silver mug from the kitchen. I missed from other parts of the house, the other things, spoons, a tea-chest, tea-tongs, strainer. I never found any of my things again. The lads at the bar were taken up the night following upon suspicion, but they confessed nothing.

John Wells . This instrument (producing a hand iron crow) the watchman found; I tried it, and found it fitted the marks made in trying to wrench open the prosecutor's window-shutters. There were impressions in two places very plain, between the brick work and window.

Q. Was there occasion to wrench the shutter when the keys had fallen out?

Prosecutor. These marks were at another place, where they had tried in two places at another window.

John Whitaker . I am a watchman. About a quarter past twelve o'clock, April the 5th, I was in my stand in Hoxton-town, just at the bottom of the prosecutor's garden. I saw these three young chaps going by; I thought they were disorderly from their very looks. When they were got a little way from me, I was relieved by another watchman; and on my going round the town, I met them again, two on the side I was on, and one on the other side. My partner was on that side. I asked them where they were going? They set up a run; I ran as fast as I could. I could hear their feet. I bid my partner blow his candle out. I called out, Blunt, Blunt, war-hawk! He was ready, and held up his stick and stopped them. We took them all three to the watch-house. The next morning I found a dark-lanthorn, two hand iron crows, and a tinder-box. There was half a bunch of matches found in the cage where they were put; and there was another bunch of matches taken out of Darby's pocket before the justice. They were all of a length.

Q. Did you see or hear them fling these things away?

Whitaker. No, I did not: they were throwed over some pales into a garden. They had run by the place. We catched them near the corner of the garden.

Dixon's Defence.

I was in bed the same night the robbery was done; I live in Coleman-alley.

Darby's Defence.

I was at home in my lodging that night in Radciffe-layer.

Speller's Defence.

I was in bed that night.

All three Acquitted .

253. (M. 1st.) William Morgan was indicted for stealing seven guineas , the property of Walter Prosser , March 25 . ++

Walter Prosser . I am a plaisterer's labourer ; the prisoner is a gardener . We both lodge at Fulham , and lay in one bed for about three weeks. I had seven guineas done up in a handkerchief, and locked in a box next room to where we lay. I had seen them on the Saturday night. I went out by break of day on the Sunday to go to London. The prisoner came to bed on the Saturday night about eleven. I left him in bed. I returned home about four in the afternoon; he was then gone. I looked in my box, and my money was gone. I found a couple of nails were drawn out very loose in the hasp of the lock, not in the state I left it in. The prisoner never returned till he was taken up.

Q. Did any body lay in the room your box was in?

Prosser. There were two gardeners did, but they did not lay at home that night. I took the prisoner up on suspicion, but he denied it. I never got my money again.

Rich. Woodruff. I lodge in the same house. When we took the prisoner up, he had a good hat, new shoes and stockings, a new silk handkerchief, and other things, and before he had hardly any clothes at all. There were two guineas and a half and three shillings found in his pocket when searched. His landlord had lent him a shirt the while his shirt was washed, but a little before. He borrowed a shilling the first week he worked there, and he had worked but nine weeks and three days, at nine shillings a week.

James Carter . Before the prisoner went to that lodging, he told me, he lay under a hedge some where, having no money to pay for a bed.

Prisoner's Defence.

I had five guineas in my pocket when I came there. I sewed it up in my pocket. I worked from harvest to Christmas at Bexley, last summer. I know no more of the man's money than the child unborn.

Acquitted .

254. (M. 1st) Mary Wheatly , spinster, was indicted for stealing eighty-four halfpence, value 3 s. 6 d. the property of Harry Ibbetson , April 2 . ++

Harry Ibbetson . I keep the Horse and Groom alehouse in Holborn. The prisoner came to live with me the 29th day of March; she remained with me four days. I missed money several times out of the bar in that time; I was only at the finding the halfpence upon her. The next witness can give a farther account.

William Yates . I live in the same yard. I saw the prisoner go into the prosecutor's bar, and put her hand into a bag and take out a quantity of halfpence and put them into her pocket. I told of this. She was searched, and to the amount of about four shillings in halfpence were found upon her; she had a six-pence in silver in her pocket. The account she gave of her having that money was, that she had bought a ribbon near Temple-bar over night, and changed a five-and-three-pence, and that was the change out of it. We went with her to the shop; the people declared they never sold her any ribbon.

Q. to prosecutor. Had you any silver in the bag?

Prosecutor. Not as I know of.

Prisoner's Defence.

I changed a five and three-pence at that shop, and that was the change. I never touched a halfpenny of his money. The woman at the shop said she could not remember it. The shop was full of people.

Guilty 10 d. T .

(M. 1st.) 255, 256, 257. RICHARD TOMLIN , William Butler , and Francis Comfort, otherwise Comford , were indicted for breaking and entering the dwelling-house of David Grame , Esq; on the 11th of March, about the hour of eight in the night, and stealing a table clock, value 10 l. the property of the said David, in his dwelling-house .

Mr. Murrell. I am servant to General Grame. He lives in Golden-square . (A table clock produced in court). Between six and seven in the evening, on the 11th of March , this clock was safe in the General's house, in the fore parlour; the window was shut but not the shutter. I went out, and came in at night, and the clock was gone.

William Beaver . I was in that room that night betwixt seven and eight, and found the window thrown up and the clock gone. They must get over the area to get in at the window.

Michael Ride . I keep the Hand and Crown oining Lawrence-lane, St. Giles's. About eight o'clock I went out of my house, and when I came to the corner I met four men; Hayes was one of them: the first of them put his hand to my breast and turned me out from the wall, and pushed me with this clock, which he had under his right arm: one of them that came after him struck me on my left breast and knocked me almost cross the street. I followed them, and asked them what they used me in that manner for; one of them came up to strike me; I hold up my stick, and bid him keep off: the man that had the clock put it down. A man came to assist me; then he that had the clock made off. I took up the clock, and cried, Stop thief! The man that came to assist me followed him; he ran into Stephen Welch 's house; I there went and took hold of him, with the clock under my arm. Welch told me he was one of his lodgers, and bid me take the clock and drop it in the street. I said I would keep the clock and the man too. I took him by the collar and brought him to the door. Welch said I should not take him out of his house without a constable. There was one Murrell came up to me and gave me a punch in the breast; then the man got away. I carried the clock to Justice Cox's that night.

Q. Did you take notice of the three men to know them again?

Ride. No, I did not. I cannot say the prisoners are the men: I know it was the lustiest of the three that struck me.

John Hayes . I know two of the prisoners. I will not take it upon me to swear to Richard Baker . I know Tomlin and Butler.

Q. How many names does Baker go by?

Hayes. He never was with me doing any thing. I do not know his name, no more than the Justice says his name is Baker.

Q. Tell your story what you know.

Hayes. We met in one house together, Tomlin, Butler, and I. This Richard Tomlin at the bar, is not the man that was with us; that was another Richard Tomlin . We went out on a Sunday night to look after something or another a thieving. Going thro' Golden-square we saw a window where this clock was. Butler got upon some flat rails and opened the window, and Frank Comfort went in; he was in about five minutes: he desired us to hand him in an apron; I handed him in mine. He tied up the clock in it and gave it to Butler, who handed it to me, and I carried it all the way till this man met me, just by my landlord's house where we lived. Butler struck him in the breast; immediately he came to me, and as ked me what I struck him for. He asked me what I had under my arm. I let the clock down, and they made their escape, and I made my escape, and was taken in Cross-lane, by Little Queen-street. On the Tuesday following the prisoners were taken where they lived, and were at the Justice's when I was brought there, all three of them.

Q. Did you see that man at the Justice's that you call Baker?

Hayes. I did.

Q. Did you tell the Justice he was not one of the men?

Hayes. I don't know that I said such a word. I was a little in liquor.

Q. Have you ever sent to the Justice to tell him this is not the man?

Hayes. No, I have not. I have been bad of the soul distemper; I can hardly walk now.

Q. Tell me now, Is not that Richard Tomlin that is at the bar now, the Richard Tomlin that was with you in this robbery?

Hayes. No, he is not.

Q. Where is the other Richard Tomlin ?

Hayes. I don't know where he is. He is thinner than me.

Q. Take care; tell the truth; Is this man that you call Baker, the Tomlin you gave information against?

Hayes. No. I did not say that was the man. I said it was one Richard Tomlin .

Butler's Defence.

This man knowing me to be an evidence two or three sessions ago, takes upon him to swear my life away.

Comfort's Defence.

I know nothing of it.

Timothy Taylor . I am a horn-comb maker. I have known Butler from a child; he was a very honest lad for whatever I heard, till he lately fell into bad company.

All three acquitted .

See Butler evidence against Cole, Corby, and Bushby, for a highway robbery, No. 66, 67, 68, in this Mayoralty.

(M. 2d.) They were a second time indicted, by the names of Richard Tomlin , William Butler , and Francis Comfort otherwise Comford, for breaking and entering the dwelling-house of William Rickard , on the 2d of March , about the hour of eight in the night, and stealing a linen table cloth, value 2 s. two shirts, value 5 s. a cloth coat, value 5 s. and a pair of cloth breeches, value 1 s. the property of William Tovey , in the said dwelling-house . ++

William Gandall . I took the prisoners up in St. Giles's about a month go. Butler and Tomlin were together at Butler's mother's. I took them down to Mr. Welch's office; Hayes was brought there; he told Justice Welch that the clothes were sold to one Welch: we went to his house, and found the coat and breeches on a bed. I asked Mrs. Welch if any body else were there; she said not to her knowledge. We went up stairs, and found Francis Comfort in bed; then we took him before the Justice.

Mrs. Rickard. I am wife to William Rickard . On the 2d of March the parlour and kitchen windows were not shut; this was about eight o'clock. I bid the maid shut them. She returned, and said she believed we were robbed. I went into the parlour, and missed the things laid in the indictment. The room had been washed, and she had left the windows open to dry. They must come in at the parlour window. The things belonged to William Tovey . They took a tea-chest, two boxes, and a shagreen box besides.

Mr. Warren. I am head-borough. I was along with William Gandell . I saw the coat and breeches found at Welch's. I saw Comfort taken.

Q. Did you know any of the prisoners before?

Warren. I knew them all by sight.

Q. Do you know where Tomlin lodged?

Warren. He lodged at Welch's house, up one pair of stairs.

Q. Do you know where Hayes lodged?

Warren. They said he lodged there.

John Hayes . Tomlin, Comfort and I, robbed this house; Comfort got on the pallisades, and in at the window; the windows were open: we took away two boxes, a tea-chest, and several small things, a pocket-book and a lottery ticket; in one of the boxes was two shirts, two stocks, a table cloth, a great coat, and a pair of breeches; we sold them to Mr. Welch for a guinea, which we shared amongst us, 5 s. 3 d. each. The things laid in the indictment produced, and deposed to by Mrs. Tovey.

Tomlin's Defence.

I know nothing at all of the things; nor never had any of the money.

Butler's Defence.

I never had any of the money. He wants to swear my life away.

Comfort's Defence.

I had none of the money.

All three guilty of stealing the goods only . T .

258. (M. 1st.) John Linney was indicted for breaking and entering the dwelling-house of John Kester , on the 13th of January, about the hour of two in the night, and stealing a silver watch, value six guineas, and two cloth coats, value 40 s. the property of the said John, in his dwelling-house . ++

John Kester . I live on the top of Hedge-lane . My house was broke open on the 13th of Jan . My servant maid told me of it in the morning, about eight o'clock, before I was up. I found the shutters of the parlour window wrenched open; I imagine with a chissel, and the sash was lifted up, and the blind taken away. I missed a silver watch from the mantle-piece, and two coats out of the same room. It was one o'clock before I left that room to go to bed; all was safe then. I went and informed Sir John of my watch, and on the 5th of this instant Sir John sent for me: there I saw it again. I was sent with a constable to Golden-lane, to see for my other things. (The prisoner was then in custody). There were two women in the prisoner's house; we looked about, and found other things, but nothing belonging to me. We went up into the old woman, the mother's room, and, in a box, I found the chain of my watch. I went to the prisoner in Newgate last Tuesday, and said to him, if he had pawned my clothes I would be glad if he would let me know, that I might have them again: he said he had sold them to an old clothes man, and I could not have them again.

Euseby Bexley . On the 5th of this instant, between six and seven in the evening, the prisoner had entered a house in the Strand, and got up stairs, and I took him, and before Sir John Fielding this watch was found upon him (produced in court). Sir John sent for the prosecutor, as he had been and described the watch to Sir John: he came and swore to it. Then we were ordered to go and search the prisoner's house in Golden-lane: the prisoner had lately lodged in Hedge-lane, but removed at Lady-day last. In searching the old woman's room, in a box, we found this watch chain. (Produced in court).

Prosecutor. This watch and this chain are my property.

Prisoner's Defence.

I was taken before Sir John Fielding . They took this watch from me. I told them I bought it. There were three of them; two of the three are now in custody that I bought it of. Sir John asked me where I lived; I told him directly. I told Sir John, if he would admit me an evidence, I could be of great service to the public. He has got a writing I drawed up: he told me if I could discover a robbery that had been done since I had been in prison, I should have great favour shewed me. The prosecutor asked me whether I had his clothes; I told him I bought them all together. I put the other chain to the watch. It is what I had had three years.

To his Character.

Esther Bateman . I have known the prisoner near ten years. He served his time to me, to the business of a silversmith . He has been gone from me upwards of two years. I can give no account how he has lived since.

Q. How did he behave while with you?

E. Bateman. I dismissed him from my service two or three times.

Guilty. 39 s. acquitted of the burglary . T .

(M. 2d.) He was a second time indicted, for breaking and entering the dwelling-house of James Grosett on the 16th of January , about the hour of two in the night, and stealing a shagreen case, value, 5 s. twelve china handle knives, and twelve china handle forks, value 12 s. the property of the said James ; and Margaret Linney , widow, and Sarah Biggs , spinster, for receiving the same, well knowing them to have been stolen . ++

James Grossett . I live in Newport-street, Leicester-fields : my house was broke open on Tuesday the 15th of January. On the Wednesday morning I was awaked by a violent rapping; between five and six the watchman called me to come down. I went down, and found the window, next to where the side-board stood, was broke open; the shutter was flung back; the iron bolt was broke in two, and three or four panes of glass broke, in order to unscrew the screw within side; the window is above the area. They stood upon the iron pallisades, in order to break it open. The only things I missed, were the knives and forks and the case they were in. After it was day-light, I wrote a letter to Sir John Fielding , acquainting him with the robbery, and description of the knives and forks. I heard nothing of it till about a fortnight or three weeks ago, when I received a letter, wherein Sir John tells me, he believed the knives and forks were in his custody, and he desired to see me. I went on the Monday morning; there I saw my knives and forks, and swore to them, and he bound me over to prosecute.

Rich. Fawkner. The prosecutor's house was broke open between five and six that morning. I know the knives and forks are his property.

Euseby Bezley. When we searched the prisoner's house, I found these knives and forks upon his drawers in his parlour, and these two pick-lock keys ( produced in court) were found in the house at the same time by William Gandall , the constable.

John Linney's Defence.

I mentioned the people's names that I bought these things of. I drawed up a paper, and sent it to Sir John, and desired to be admitted evidence, but Sir John would not admit me. I bought these things of Tom Bird , Matthews, and Murphy. I am very innocent of stealing them.

All three acquitted .

(M. 2d.) John Linney was a third time indicted for stealing a silver pepper castor, value 10 s. a silver cream pot, value 10 s. four silver teaspoons, value 2 s. a pair of silver tea-tongs, value 5 s. the property of Jane Dillingham , widow; a bombazeen gown, a cotton gown, two pieces of camblet, a linen handkerchief, and two pieces of linen cloth, the property of Martha Watson , spinster, in the dwelling-house of the said Jane , December 2 , and Margaret Linney , widow, and Sarah Biggs , spinster, a second time, for receiving the pepper castor, cream pot, bombazeen gown, cotton gown, handkerchief, and a piece of cloth, well knowing the same to have been stolen , Dec. 3 . ++

Jane Dillingham . I keep a shop in the Strand . On the second of December I missed the things laid in the indictment out of my back parlour, ( mentioning them). I advertised them. After the prisoner was taken up Sir John Fielding sent for me; there were two tea-spoons of mine, two gowns, a handkerchief, and a piece of cloth of my sister's, named Martha Watson . She is here.

William Gandall . In searching Linney's house I found this red and white cotton gown in the old woman's drawers, in her room, up one pair of stairs; the black gown and handkerchief, I found in the parlour, below stairs; the two tea-spoons. Mr. Bezley found in the beaufet, in the parlour.

Mr. Bezley confirmed the account given by Gandall. (The things found produced and deposed to.)

John Linney's Defence.

I bought these things of the very same people. I rent my house at twenty guineas a year. The goods are all mine.

All three acquitted .

( M. 2d.) John Linney was a fourth time indicted for stealing a cotton quilt, value 5 s. a pair of linen sheets, value 5 s. two tablecloths, value 5 s. two napkins, value 1 s. three pillow-cases, value 2 s. a draft-board, value 1 s. forty-six books, value 2 l. 17 s. the property of Margaret Andrews , widow, March 23 ; and Margaret Linney , widow, and Sarah Biggs , spinster, a third time, for receiving the same, all but two of the books, well knowing the same to be stolen , March 24 . ++

Margaret Andrews . I lost a box, containing books and linnen, from Pancras-lane, Queen-street ; they were taken away between the hours of ten and one, on the 23d of March, from my lodging-room, up two pair of stairs. I heard nothing of them till after the prisoner was taken up.

Euseby Beezley . I found this box and things in it, up stairs in the prisoner Linney's house, on the 5th of April, about eleven at night, When I came first into the house, there came in a messenger from John Linney , from New Prison, telling the mother to secure the things. The old woman ran up stairs, and brought down a handkerchief, with a silk gown and a linen one in it, and went to run away. We went and took her back into the house, after she was got some distance from the street-door. The gowns are not yet owned. Then in looking about I found this box; there was those sheets, pillow-biers, and napkins in the box. Sir John ordered us to lock them up in a closet, and he sent to the persons that had applied to him that had lost things. The pillow-biers were marked with a coroner. (The sheets, a quilt, two napkins, three pillow-cases, a draft-board, and some books produced and deposed to by the prosecutrix.)

Prisoner's Defence.

I bought them things of the same persons as I did the others, and put them into my mother's room.

John Linney , Guilty T .

Margaret and Biggs, Acquitted .

259. John Grant , Gent . was indicted for ravishing and carnally knowing Jennet, the wife of David Goldier , against the will of the said Jennet , April 24 .

The prosecutrix was called and did not appear.

Acquitted .

260. (M. 2d.) Jane Brown , spinster, was indicted for stealing three silver tea-spoons value 3 s. the property of George Street , March 20 . ++

Martha Street . I am wife to George Street; we live in St. John's parish, Southwark . The prisoner came to our house on the 19th of March, and pretended to be a relation of my husband's from the country. I entertained her all night, and in the morning she said, she had got some clothes come up in a vessel, and she would go and fetch them. I put my things on, and we went together for them. When we were in the parish of St. Paul, Shadwell, going along, she was stopped by a person to whom she had pretended to be related, and had robbed her of a cardinal. Then I desired she might be searched, and three of my tea-spoons were found upon her. She must have taken them while I went to dress myself. It would take up three hours to tell the story she told me. (The spoons produced and deposed to.)

Prisoner's Defence.

All my friends are a long way from here. I come out of Northumberland.

M. Street. She told me she came out of the West.

Guilty . T .

There was another indictment against her for stealing a silk cardinal, value 2 s. a silver tea-spoon, value 2 s. and a pair of silver tea-tongs, value 2 s. 6 d. the property of Samuel Busby .

261. (M. 2d.) James Rider was indicted for stealing eight pair of boys leather shoes, value 26 s. and two pair of womens stuff shoes, value 2 s. the property of John Jones , Feb. 26 . ++

John Jones . I am a shoemaker , and live in St. Martins-le-grand . I have been robbed three or four times within this fortnight. I seeing the prisoner come into the entry, I went backwards and looked through a place to watch, and saw him go out of the entry. Then he came in again, and went out quick. He returned again, and drawed the bolt back, as the glass was broke, and went into the shop. I ran in and shut the door upon him, and collared him, and said, Now I have got you; I have been robbed before, and fancy you are the same chap. The shoes he had got, were on a shelf when I went out of the shop. He dropped them when I shut the door to shut him in. They were two pair of womens shoes. My apprentice was just behind me when I took hold of him; he took up the shoes. I took the prisoner up stairs; then he confessed he had robbed me of eight pair the Saturday before, and had sold them to John Bagnall in Field-lane, for 9 s. and he wrote down two mens names that were with him.

Edward Ellis , the apprentice, confirmed the testimony of his master.

Prisoner's Defence.

My sister was very ill; she sent me to buy her a pair of shoes. This man said I came to steal a pair. He got a great broomstick and knocked me down in the shop, and then took me to the Round-house.

To his Character.

Anne Rider . I am the prisoner's sister. I gave him 4 s. 6 d. to buy me a pair of shoes, and the day after I heard he was taken up. My father has trusted him with un-told gold. He has behaved very well till now.

Guilty of stealing two pair, 10 d.

See him tried before for stealing a cloth coat, No. 540, in Mr. Alderman Turner's mayoralty.

[Transportation. See summary.]

262. (M. 2d.) Thomas Langford was indicted for stealing a watch with a gold box and shagreen case, value 20 s. two cornelian stone seals, set in gold, value 5 s. a gold watch chain, value 5 s. three diamond rings, set in gold, value 5 s. and three linen shirts , the property of Lewis Periere , April 13 . *

Lewis Periere . The day before Good Friday, I missed a gold watch and chain, and rings, and some other things. I went to Justice Welch to take a warrant for the prisoner. I suspected him. He used to come to my house to visit a young woman, my servant. I took him before Mr. Welch. He confessed the things were at his aunt's, in Hart-street, named Hannah Shelley . I went there, and found the watch and seals. (Produced in court, and deposed to.) They were taken from a bureau which was locked up above stairs.

Q. When had you seen them last?

Mr. Periere. I had not seen them for a great while.

Q. Was the prisoner ever admitted into that room?

Mr. Periere. Not as I know of. He might be there when I was out of the way.

Q. Had the bureau been broke open?

Mr. Periere. I did not observe that it had. I found it locked.

Q. Had you seen the watch within these last six months?

Mr. Periere. I am not sure that I have.

Q. Have you seen it within twelve months?

Mr. Periere. I am sure I have. I think there were three shifts missing also. I found the rings and shifts at Hannah Shelly 's also. The prisoner went with us there. He told us he carried them there.

Q. Did he say where he took them from?

Periere. No; he did not.

Q. What is your maid's name?

Mr. Periere. Her name is Sarah Bucklin.

Q. Whose property is the watch and things?

Mr. Periere. The property of Sarah Sparks .

Q. Who is Sarah Sparks ?

Mr. Periere. She is a gentlewoman that has lived in our family many years, of good character.

Q. How came you to charge the things as being your property, in the indictment?

Mr. Periere. They were in my house.

Charles Wellbeloved . I am a joiner, and live in Denmark-street. The lad at the bar is my apprentice. He is a very good lad; I never suspected him in my life. When I went to him, he said the things were at his aunt's; and that the girl gave them to him.

As the goods were not the property of Lewis Periere, but the property of Mrs. Sparks, he was acquitted .

263, 264. (M. 1st.) William Simms and Samuel Lawson were indicted for stealing a boat, value 30 s. the property of John Gardener , April 14 . *

John Gardener . I am a waterman . Between twelve and one in the morning, on the 14th of this month, the two prisoners came and put a pair of sculls into my boat, after I had left her fast at Ratcliffe-cross . I was in at a public house to wait for my boat being afloat. I went down to the water-side, and saw them. Then they went to shove her off. I called to George Webb and William Plumber , and said, two men were going to steal my boat. They came. The prisoners had launched my boat four or five yards. We laid hold of Simms; Lawson ran away. We carried Simms to the watch-house, and then went and took Lawson, with the sculls on his shoulder.

Q. Whose sculls had they got?

Gardener. I do not know.

Q. What did they say they were going to do with your boat?

Gardener. They said, they were going to get a cast into their own boat. They said, they belonged to a ship which laid down at the Red-house; a Greenland-man.

Geo. Webb . The prosecutor called me and Plumber to assist him. I saw Simms in the boat, and Lawson jumped out of her into a barge, with intent to launch her; they moved her about five yards.

William Plumber gave the same evidence.

Simms's Defence.

I belong to a ship called the Forbes, captain Boyce. We were drinking a pot or two of beer. We took the boat in order to get at our ship's boat; and these people came and took us in custody.

Lawson's Defence the same.

Both Acquitted .

( M. 1st.) They were a second time indicted for stealing a copper kettle, value 3 l. the property of a person unknown , March 14 . *

James Harvey . Lawson came and called me out from the Ship and Star at Cock-hill, Shadwell, between ten and eleven in the forenoon, on the fourteenth of March, and told me, he had got a job for me to carry to Whitechapel, to George Armstrong 's, near Black-lion-yard. I went with him, and carried a copper from Simms's landlord's house. The prisoners both went with me; it was wrapped up in a canvas cloth.

Q. What sort of a shop does Armstrong keep?

Harvey. He keeps no shop at all. From there I carried it to Abigail Jones 's; she keeps an old iron shop. The iron work was there knocked off the copper, and the copper weighed by itself. Then they went to a public house, and were paid the money; it was either 21 s. 6 d. or 22 s. 6 d. Armstrong paid the money to Lawson; they shared it between them coming along.

Q. How large was the copper?

Harvey. It would dress victuals for fourteen men or more.

Jos. Doyle . I am a shoemaker. Simms lived with me two years and a half, till he was taken up. It is about six weeks ago, he came and knocked at my door; I let him in; this was between twelve and one in the night. I went to bed again. I then heard a rumbling in the kitchen. I made my girl get up and see what was the matter. She went, and said, there was a great kettle in the kitchen. Then both the prisoners were in bed together. I made them both get up and carry it away, or, I told them, I would send for an officer, and take them to gaol. They got up, and got a porter, and took it away. When I went to bed, which was about ten o'clock, the kettle was not in the kitchen.

Mark Harris . I do business for the ship Henrietta; she lay at Deptford at that time. There was a copper lost out of her; it was missed the 19th of March. The ship carried forty-five hands; the copper would dress for so many. It weighed betwixt seventy and eighty pounds weight. The ship is gone to Greenland.

Q. to Harvey. How much did the copper you carried, weigh?

Harvey. It weighed about sixty pounds, as near as I can guess.

Simms's Defence.

There was a mate of a ship came on shore, and asked us to go and do a jobb; his hands were gone on shore. He gave us two shillings each to unmoor the ship; she lay off Prince's stairs. When we had done, Lawson asked me to go and lie with him. There were some men coming up the stairs, called Cole-stairs. As we were near them they dropped something, we picked it up; it was a little kettle. Then the watch was going past eleven. We carried it to Doyle's house, and laid it backwards; the next morning we carried it to Whitechapel, and left it there.

Lawson's Defence.

Simms fell right over the kettle; then we took and carried it to Doyle's; he knew of our coming with it, as well as we. It was a bit of old copper that had not been used for years and years. Harvey was paid for carrying it to Whitechapel. It did not weigh above seventeen pounds, and we had but five pence a pound for it.

Both Guilty . T .

265, 266. (M. 1st.) Catharine Rynce , and Eliz. Taylor , spinsters, were indicted for stealing a silver watch, value 40 s. four guineas, and eighteen pence in money numbered , the property of Mark Brooks , April 15 . *

Mark Brooks . I came out of the country to get a service. I was drinking a pot of beer on Easter Sunday, about eight in the evening, at the sign of the Fish in the Strand. I wanted a private lodging. There was Eliz. Taylor ; she drank a little with me; she said, she could help me to a lodging.

Q. Had you ever been in London before?

Brooks. I had; but I had no suspicion about what sort of a lodging she would help me to. We went both together from that public house to a lodging in Cross-lane ; I believe it was the house of one Scott; there I found the other woman, Catharine Rynce . Taylor desired I would give her some money to get some supper; I gave her a shilling to fetch some. She got some beef and bread; we eat it: we had some beer, and a glass of rasberry brandy; then I went to bed.

Q. Did either of them go to bed with you?

Brooks. No; but after I was got in bed, Taylor asked me, if I had any objection to her lying with me.

Q. What did you say in answer to that?

Brooks. I told her, I had no objection. She came to bed.

Q. What became of Rynce?

Brooks. She went out of the room.

Q. What time did you go to bed?

Brooks. We went to bed about nine o'clock. I know at that time I had my watch; I wound it up before I went to bed, and put it into my breeches pocket, and put them under my head.

Q. What money had you?

Brooks. I had four guineas and eighteen pence in my handkerchief, in my breeches pocket, at the time I went to sleep, and awaked about one, and she was gone from me. I missed my watch directly, because I did not hear it go. Then I examined my pocket, and my money was gone, and a penny was put into my pocket. Then I sat up in the bed till it was light. Then I got up, and enquired about in the neighbourhood after these women. I did not know what they were till I enquired their character. I found they had been to a shop, and bought each of them a pair of silver buckles. I had no money left to advertise my watch; Mr. Welch advertised it. I never got it again. I took the two prisoners up the Tuesday after.

Q. Why do you charge Rynce?

Brooks. Because they were in company together, and lived together. The justice asked them, where they bought the buckles? They contradicted themselves in all they said.

Q. What did they say about the watch?

Brooks. When I took up Taylor, she said, one Polly had got it. Rynce said, she knew nothing of it.

Taylor's Defence.

I know no more of the watch and money than the child unborn.

Both Acquitted .

267. (M. 1st.) John Bennet was indicted for stealing a hand-basket, value 2 s. a linnen handkerchief, value 6 d. and eight bobbins of silk, value 50 s . the property of John Hall , April 6 . *

Eliz. Hall . I am wife to John Hall , a weaver ; we live in Old Nicholas-street, almost facing Holloway-lane, Shoreditch. The prisoner lodged in our house, and worked for my husband about a fortnight. On Friday the 6th of April, I went out between seven and eight in the morning, and left him working in the shop. I went to fetch some bobbins of silk, and had them in a large basket. As I was returning, I met the prisoner coming pretty fast; I asked him, where he was going? he said, to meet me. He took the basket of bobbins out of my hand, pretending to carry them for me. He walked with me across Moorfields , and stopped to make water by the side of the Tenter-ground. I walked along; when I looked back, I could not see him. I went home, but he never came. When he was taken up, before Mr. Alderman Kirkman, he said, he had lost the bobbins.

John Hall . My wife came home, and told me the prisoner had got the bobbins. He never returned. I took him up on Easter Monday, and charged him with the bobbins. He said, he set them down to ease himself; and in the mean time somebody stole them. When my wife was gone for the bobbins, he asked me, which way she was gone? I told him. He went out, and did not return again.

Prisoner's Defence.

I met Mrs. Hall in Moorfields; she gave me the basket to carry for her. I came as far as the Tenter-ground; there I staid to make water; then I wanted to ease myself. I went and set my basket down on a dry place, searing the water should get through the basket, and went about five or six yards off to ease myself; and I never saw it more. I never touched it, or saw it since.

Guilty . T .

See him tried, No. 192, in the last Sessions paper, for stealing silk.

268. (M. 1st.) Thomas Fordham was indicted for stealing a weather sheep, value 20 s. the property of John Field , March 13 . *

John Field . I am a drover . On the 12th of March, I put my sheep into the common field at Enfield ; there were about sixty of them. This was near Enfield highway; half our parish is common field. I left them there about half an hour after seven o'clock at night, and missed one of them about nine the next morning. I found the skin and part of the carcass upon the prisoner.

Q. Had the sheep any marks on it?

Field. Yes; there was a clip cross the forehead, and some other country marks. There were three particular sheep that always went behind; this was one of them.

Q. Did you know the prisoner before?

Field. Yes; he lived at Ponder's-end; he used to be a shepherd and a labouring man.

Q. Had you left him in care of the sheep?

Field. No, I had not. He did not live above half a quarter of a mile from where I left the sheep. I am very clear the skin is my property. I found it cut in two parts; I compared the skin with the others.

Q. Did it appear to be the skin of a weather sheep?

Field. It did.

Q. Are you sure that sheep went into the field with the rest?

Field. I am very sure of that: When I went into his house, and asked him about the sheep, he was sitting with his wife by the fire. He said, he took the sheep out of the stock, and had killed it. His wife said the same.

Prisoner's Defence.

Coming home, my wife and I found it dead in a ditch, and we carried it home.

Prosecutor. He said, he catched it at one corner, and carried it to the other, and there stuck it. I found the blood of it where it had been stuck first.

Guilty Death . Recommended .

269. (M. 1st.) John Brown was indicted for stealing a jack-plane, value 12 d. and a hammer, value 6 d. the property of Will. Hallowley , and a carpenter's adz, value 12 d. the property of William Jones , March 26 . ++

W. Hallowley. I am a millwright , and live in Tottenham-court-road . I went out on the morning of the 26th of March, and left my hammer and jack-plane with my other things. When I came home, between three and four, they were in the custody of Mr. Peak, who told me, they had been taken away. (Produced and deposed to)

W. Jones. We are both servants to Mr. Cooper. I can only say the adz is mine.

Tho. Peak . I am servant to Mr. Cooper, a millwright. On the 26th of March, between eleven and twelve in the day, I went out of my master's shop. Coming in again, I met the prisoner at the bar coming out. I said, Do you want any body here? He answered, Yes; and named a name which I do not recollect.

Q. Did the prisoner work there?

Peak. No; he did not. He had this jack-plane in his hand. I said, My friend, did you bring that plane with you? He said, Yes. I took it and looked at it, and said, You have been robbing the shop. After that, I found the hammer and adz upon him; then I secured him, and took him before justice Welch. He said, he never had done such a thing before, and was very sorry for what he had done.

The prisoner said nothing in his defence.

To his Character.

John Corder . The prisoner worked with me five years running. He was very honest and very sober.

Q. How long ago did he work with you?

Corder. He left me about four years and a half ago.

Tho. Evans . I have known him twenty years; he was born in Shropshire, where I was. The time I knew him he was very honest.

Guilty . T .

270. (M. 1st.) William Jackson was indicted for stealing a quadrant, value 40 s. the property of William White , on board a certain ship on a navigable river, to wit, the river Thames, March 20 . ++

Acquitted .

271. (M. 1st.) John Collins was indicted for stealing a cloth coat, value 10 s. and four shillings numbered, the property of John M'Donald ; and a cloth coat and waistcoat, value 5 s. the property of Daniel Collins , April 23 . ++

John M'Donald . I live in Crown-court, Broad St . Giles's. I am a bricklayer's labourer . I missed my coat the 23d of this month; and Daniel Collins , that lodges with me, missed some things. I lost four shillings in money, out of a box, in the room where I lie, with my coat. I had left the box locked, about four in the afternoon, and missed them between five and six. My box was broke open.

Q. How came you to suspect the prisoner?

M'Donald. I catched him with my coat, coming out at the door. He had lodged at my house four nights, up two pair of stairs; my box was on the ground floor. I took him before a magistrate, and he was committed.

Dan. Collins. I lodged in the same house. My coat and waistcoat were taken away. They were found at the pawnbroker's.

Guilty . T .

272, 273. (M. 2d.) William Garnan and James M'Donald were indicted for breaking and entering the dwelling house of Joseph Mould , on the 4th of April , about the hour of two in the night, and stealing three silver spoons, value 30 s. five silver tea-spoons, value 5 s. a pair of silver tea-tongs, value 5 s. and a silver salt-seller, value 3 s. the property of the said Joseph, in his dwelling house . ++

Joseph Mould . I live at the sign of the two Spies, in King-street, Seven-dials . I went to bed first, and got up between five and six in the morning. On the 6th of April, which was on a Friday, I found my street-door on a jar; the slap of the cellar-door had been turned up behind, and my bar-door was broke open. People came in; I told them, I had been robbed. In a little time came in John Chapman , and told me, he suspected a person in a public house just by, to be the person.

Q. What goods did you miss?

Mould. I missed three table-spoons, five teaspoons, a silver salt, and a pair of tea-tongs, out of my bar. They had wrenched the lock off, which must be done by force. They had forced the iron cramps out of their sockets. I went with Mr. Chapman to the goldsmith's arms, in Earl-street; there I found Garnan asleep, his coat-pocket was turned over his thigh. I had him searched. There was found in his pocket three table-spoons, four tea-spoons, the silver salt, and tea-tongs. A pewter pepper-box and a tea-spoon have been found since. (Produced in court and deposed to.) I took him to justice Welch's, and he was committed.

Thomas Abel . I am a bricklayer's labourer, and sometimes a smith. I know the two prisoners at the bar. I and John Cooley went and broke the slap of the prosecutor's shutter, between one and two, in the night of the 5th of April. We went into the house, and took three table-spoons, a salt-seller, a pewter pepper-box, a pewter plate, with some bread and meat in it. James M'Donald and William Garnan were out at the door at the time. When I came out, I said nothing to them.

Q. What did they stay there for?

Abel. I do not know.

Q. Had you been together?

Abel. We had drank a pot of beer together, at the King's arms in Maynard-street. When I opened the back door, I could not see them.

Q. Did you go together from the King's arms?

Abel. We came out from there all together. I left the prisoners, I believe, half a quarter of a mile from the prosecutor's house.

Q. What did you leave them there for?

Abel. They proposed to go home for their night's rest.

Q. Did they know any thing of your going to break this house open?

Abel. They did.

Q. Where was you when they knew of it?

Abel. Near St. Giles's church. I and John Cooley proposed it; and they were to stand watch, to see that nobody came by.

Q. When was this consulted?

Abel. This was consulted about nine o'clock, and we did not go till one.

Q. What was done after you came out of the hou se?

Abel. I went home to my mother to supper; and I suppose they went home.

Q. When did you see them again?

Abel. We met again by St. Giles's church.

Q. How did you bestow yourselves from nine till one?

Abel. We walked about all together from ten till about half an hour after one. I left M'Donald about half way up Queen-street, and the other in King-street, to see if any body came by. They were only just to give us notice. We proposed to give them a share of what we got. About six in the morning I let John Cooley have all the things; he knew where to put them better than I did. I heard about eleven that morning one of them was stopped. I carried the pepper-box to my lodging, and pawned a tea-spoon in Strutton-ground.

Q. How long have you known the prisoners?

Abel. I have known M'Donald a long while; the other I have known but a little time.

John Chapman . On the Thursday morning I heard of Mr. Mould's house having been broke, and some spoons and things stolen. I went into Great Earl-street about business. Coming back, I went in at the Goldsmith's arms. There was the prisoner Garnan sitting on the coal-box, and another person asleep at the table. I said, we had had a robbery in the neighbourhood. A person there took me into another room, and asked what things were lost? I said, spoons; a salt-seller. He asked me if I knew the mark? I said, No. He said, the person sitting on the box had shewed him such things. I said, they are Mr. Mould's. I desired him to stay till I fetched him. (It was not above twenty yards distance.) We got a constable, and awaked the prisoner Garnan; and the spoons and salt-seller were taken out of his pocket, which Mr. Mould swore to before Mr. Welch. There he said; he and three more broke into Mr. Mould's house.

Mould. I heard him confess this.

Rich. Hill. That morning I went in at the Goldsmith's arms for a pennyworth of purl; there was the prisoner Garnan: he said, I have been out all night. He pulled out some half-pence, and said, Here is all the money I have; but I have money-worth here; and took out three table spoons, four tea-spoons, and a salt-seller; then he sat down and fell asleep. After that Mr. Chapman came in; I told him of it. He said, Mr. Mould had been robbed of such things. He fetched him. The prisoner was searched, and the things taken out of his pocket. He was taken before justice Welch: there he confessed he and three more got into Mr. Mould's house, and took the things; but he would not tell their names.

Geo. Wells . I am a constable. I took the spoons and salt-seller out of Garnan's pocket. I heard him own he went into the prosecutor's house with others, and took the things; but he would not tell who they were.

Q. Did he say how he got in?

Wells. He said they went in at the slap of the cellar window; that they broke the bar, and took out other things (that had not been found); then they came out at the street door.

Garnan's Defence.

I did not confess that I was in the house; for I was not.

M'Donald's Defence.

I was not with them at all.

To Garnan's Character.

Benjamin Gibson . I am a smith; Garnan worked with me three months; I have known him five or six months. I never heard any thing amiss of him.

Isaac Rouse . He was a shop-mate of mine. He was always sober and honest, as far as ever I knew.

Henry Garnan . I am his uncle; he bore a good character. He is not nineteen years of age.

Joseph Stapleton . He worked with me about five months. He bore a good character.

Garnan Guilty Death .

M'Donald Acquitted .

See Abel tried for a burglary, No. 158 in this mayoralty.

274, 275, 276, 277. (M. 1st.) Sarah Page , Catharine Goodwin , Mary Allaway , and Elizabeth Talbot , spinsters, were indicted for making an assault on Diana Sawbridge , widow, in a certain field and open place, near the king's highway, putting her in corporal fear and danger of her life, and taking from her person a silk cardinal, value 10 s. her property, and against her will , April 11 . *

Diana Sawbridge . On the 11th of this month I had been at Kentish-town about some business, and in returning towards London, about one o'clock, in the first field from Kentish-town , I was assaulted by one of the four girls at the bar, I can't tell which; they were all together. They met me; one or more seized me; they tore my hat; I held it fast; then they went behind me and took my cloak. I said, You had better give me my cloak. Then Catharine Goodwin turned again, and with her double fist knocked me down, and cursed me, and said something very vile, but I can't remember the words. I saw one of the other three with my cloak at that time. (She produced her gown very dirty by the fall.) When I got up, I saw a poor-looking man; I told him what they had done, and told him which way they were gone; and desired he would pursue them: they were in the very next field. Soon after came another man: I told him of it. Another man was coming; he heard me tell him. They both pursued. When the prisoners saw themselves pursued, they left the cloak upon the ground. The young man took it up, and brought it to me. The two men were quite strangers to me. They took all the four prisoners at Kentish-town. When they saw me, she that knocked me down, said, Well, I am ready to answer it, if she (meaning me), would swear it. I am very clear the four girls are the four persons that took my cloak: they were carried before the justice that afternoon.

Joseph Balanger . I am headborough of St. Pancras parish. About one o'clock that day, two young men came to me, and said, a young woman had been knocked down and robbed of her cardinal; and they are gone towards the fields. I was in my own house in Kentish-town. I pursued them the way that goes towards the Foundling-hospital, and overtook them in a field in the common path that goes to London. The prosecutrix had followed them back from Kentish-town towards London.

Q. Where did you see them first?

Balanger. I first saw them about half a quarter of a mile from the first field that goes from Kentish-town towards London. Two of them were running, and two of them walking. When I spoke to them, they made use of two or three oaths. When I stopped them, they seemed rusty, and would not go with me. I said, if they would not go quietly, I should use such means they would not like. I carried them back to Kentish-town to the boarding-school, and asked, who was the gentlewoman that was robbed? The prosecutrix turned round. I said, Do you know these girls? She said, They are the girls that robbed me; then she had the cardinal with her. I asked the man that took up the cloak, Did you see these girls do the robbery? He said, Yes.

Q. Did the prisoners say any thing to that?

Balanger. They did not acknowledge it. One said, She knew nothing of it. Another said the same. Goodwin said to one of the other, You b - h, don't you turn pastry-cook *.

* The cant word, Not to puff.

Prosecutrix. I returned again from the two men that went after the prisoners, to Kentish-town. The two men had seized them, and brought them back to me. The two men thought it would cause trouble, and they left me; then the prisoners walked towards London.

Balanger. They were going towards London when I took them.

Prosecutrix. Most of the people were for my letting them go: and some said, if I did not prosecute them, they would me.

Q. How long after they took your cloak was it that they were taken?

Prosecutrix. It was not a quarter of an hour.

Page's Defence.

I never saw the gentlewoman.

Goodwin's Defence. The same.

Alloway's Defence. The same.

Talbot's Defence. The same.

Ann Brian . I live in Bethnal Green; my husband is a clerk in Mr. Andree's compting-house Throgmorton-street. Talbot lived servant with me; she came in November last, and left me in January. She was very honest then.

Robert Brian , her husband, gave the same account.

W. Holland. I am a shoemaker; I live in Bedford-bury. I knew Talbot from a child. She lived with me about four months ago; she behaved well then.

All four Guilty. Death . Recommended, on account of their being young .

278. (M. 1st.) William Lewis was indicted for making an assault on Thomas Langfor on the king's highway, putting him in corporal fear and danger of his life, and taking from his person a silver watch, value 40 s. one half guinea, and a five and three-penny piece, his property , Feb. 16 . *

Thomas Langfor . I went out of the Half-moon tavern, Cheapside, about two in the morning, on the 16th of February. When in Red Lion street, Whitechapel, I heard several people behind me, making a great noise. I immediately stopped and let them pass me. They went down Colchester-street three or four doors, and stood under a lamp. I passed the corner of the street; they followed me. One of them made a blow at me, and struck me on the shoulder; being behind me, I did not see who struck me.

Q. How many were there of them?

Langfor. There were three of them. I turned about, and asked, what they meant by that? One of them immediately replied, D - n his blood, down with him. I thought it time to prepare myself. One of them advancing, I knocked him down with an oak stick which I had in my hand. The prisoner then immediately collared me.

Q. Did you know him before?

Langfor. I did not. In the struggle we both fell down. While I was down they got my money and watch from me; I cannot tell whether the prisoner or the other took them. Then they immediately made off, and I saw no more of them.

Q. Was you sober?

Langfor. I was sober; it was a light morning, and there were several lamps near me. The next morning I went to Sir John Fielding , and advertised the watch, and described the prisoner, in company with two others. In consequence of that, I received intelligence from justice Sherwood, to come, in order to see if I could know any of the prisoners there.

Q. What time was this?

Prosecutor. This might be a fortnight or three weeks after. I picked the prisoner out from several others; I am very sure he is the man. I was wrestling with him three or four minutes, and there were lamps over our heads. I saw his face plain. I do not think I could know either of the others.

Prisoner's Defence.

I was in bed at home at Shadwell, at the time this robbery was done.

Prosecutor. He told the Justice he was on board a ship at the time.

Guilty . Death .

279. (M. 1st.) Thomas Bevan was indicted for breaking and entering the dwelling-house of John Burt , on the 22d of April , between the hours of eight and nine o'clock in the night, and stealing two looking-glasses, value 6 s. two yards of grey stuff, value 18 d. and one linen bed-quilt, value 6 d. the property of the said Thomas, in his dwelling-house . *

Thomas Burt . I live in Crown-street , Hoxton. I went out about four o'clock with my family last Sunday to my brother's house, and left nobody at home. When I returned, which was betwixt eight and nine, before I opened my door, I observed my window was open, the glass was broke, and a short curtain was let down; I told my wife I thought my house was robbed. She immediately went over to my neighbour, Mr. Betley: he came, and followed me into the house. As soon as we were in, he said, I'll shut the door, to secure all that are in. I then heard a fort of a struggling behind the door; I was rather farther in the house than he. Mr. Betley mentioned the word thief. I turned round, and saw him struggling with a man. I called out for assistance; a neighbour came; we secured him, and brought him into an inward room. It was the prisoner at the bar. We sent for Mr. Sheene, the constable, who took charge of him. I found a looking-glass was lying under the window, which, at our going out, was hanging up; and a piece of stuff was taken out of a drawer, and laid upon the glass. I went up stairs, and observed another looking-glass, that did stand upon a chest of drawers, was put upon the bed, upon the quilt, and the quilt folded up, much the same as when in the drawer. (The goods produced in court, and deposed to). I am very sure the windows were fast when I went out, and the door double locked. I did not think of staying till dark, so I did not put up the window shutter. I was the last out of the room above stairs, and the last out of the house. The quilt was in the drawer where the glass stood upon when we went out. The constable carried the prisoner to the watch-house; and, on the Monday morning, we took him before Sir John Fielding ; he told Sir John there was another with him; that they went to take a walk, and they found an opportunity to break into the house. He did not deny it at all.

Daniel Betley . Last Sunday night I was sitting by my fire; the woman came and said her house was robbed. I went out. The prosecutor went into his house, and I followed him. I said, I'll shut the door; if there should be any thieves in, I will shut them in. I cried out immediately, A thief! The prisoner was behind the door: he jumped upon me, intending to get off. We had a scuffle for about two minutes. We secured him, and took him to the watch-house. I heard him, both at the watch-house and Sir John Fielding 's say, he had a companion with him.

James Sheene . I was charged with the prisoner. I took him before Sir John Fielding , and heard him confess he broke the window, and got in at the casement.

Prisoner's Defence.

I was walking by, and a gentleman took hold of me, and shoved me into the house, and said I was going to rob the house. They searched me and found nothing upon me; and they fell to beating me.

Guilty . Death .

280. (M. 1st.) John Monro was indicted for making an assault on George Wingfield , Esq; on the King's highway, putting him in corporal fear and danger of his life, and taking from him a metal watch, value 2 l. and 6 s. in money, numbered, the property of the said George , Feb. 25 . *

George Wingfield , Esq ; On the 25th of Feb-coming from Piccadilly, down the Green-park, between eight and nine at night, about the middle of Constitution-hill , I met several people: I saw a single man coming up; he came close by the side of me; I thought he was going to pass me. He catched hold of my collar, and said, Give me your money; I want your money. I pulled out six shillings, or thereabouts, and gave it him, and said, That is all I have. Said he, You have more; I said, No. He immediately felt at my pocket, and snatched my watch and away he ran. It was a plain metal watch. I did not perceive he had any weapon. It was very dark: there was no moon. I cannot pretend to say I have any notion who it was. There were two men brought to me; I could not fix upon one more than the other; they were both lusty men. The man that robbed me was tall, and, I believe, a blue coat on; whether he had his hair, or a wig, I do not know; it seemed to be very full of hair. I was advised to advertise the watch as lost, as the best way to hear of it again, which I did that very evening; and the next day the watch was stopped.

Aaron Morett . I am servant to Mr. Hill, a pawnbroker, in Carnaby-street. The prisoner brought this watch to me on Monday, the 26th of February, about eleven in the morning. I had known him upwards of two years. He used to be dressed in different sorts of clothes; sometimes a laced waistcoat, sometimes plain; sometimes a long tail wig, sometimes a round wig; sometimes with his hair curled behind. He was a customer to our shop with his clothes and things; he asked eight guineas upon the watch. I went backwards, and told my master here was a man had brought a watch which he thought was gold, and it was not: then my master came with me into the shop. Master asked him what he wanted upon it: he said eight guineas. Master asked whose it was; he said somebody had sent him with it, but did not say who. Master asked him how he came by it, holding it in his hand; the prisoner took hold of it, trying to snatch it; broke the chain. Then I got over the counter, and laid hold of him, and told him he should go before Major Spinnage : he said he would not. I said he might as well go quietly as not, for he should go. I got hold of him, and got him out at the door: he attempted to run away from me; I got hold of his collar. When I got him to Major Spinnage 's, he wanted me to go and have a pint of beer with him; he then wanted to get from me. I got him within the gate, and there kept him. When before the Major, he said, a man in York-buildings, that kept a chandler's shop, gave him the watch. When the prosecutor came, he was brought up again; then he said he found it in the Green-park: after that, they felt in his pocket, and found a key: he was asked what key that was; he said he did not know. Major Spinnage 's man said, he thought it was a key of the Green-park. The prisoner said he believed it was.

Q. from prisoner. Did I not say it was the key of Spring-garden gate?

Morett. No; you said the key of the Green-park gate. (The watch produced in court and deposed to by prosecutor).

Q. from prisoner. Did not you say you did not miss your watch for five or ten minutes, before the Justice?

Prosecutor. I did not in my hurry miss it; but upon his running away, I put down my hand and missed it. That might be about half a minute after I was robbed.

Q. Did you feel it go?

Prosecutor. The man put his hand to my pocket, and I felt a snatch; a quick kind of a motion; but did not perceive my watch move from me at the time, till I felt.

Prisoner's Defence.

I left my lodgings about six in the evening, and went to see an acquaintance at Westminster. I staid there till eight; I found this watch between Stable-yard gate and Spring-garden gate, going home. On the Monday morning I got up and got much in liquor, and did not know rightly what it was. I went to this man; he showed it to his master. I said I wanted eight guineas; he said, Is it your own? I said, That is no matter, if you don't like it, give it me again. He said, you must go before the Justice. I said, With all my heart. We went to Major Spinnage's; the Major knew me. I went to Tothill-fields Bridewell along with the Major's man, and no body else. The watch being advertised as lost, proves that I found it. (He produced the paper, with the advertisement in it).

Court. The prosecutor has told the reason he advertised it in that manner.

Q. from prisoner. Did you not say before the Justice you never saw me before you saw me there?

Prosecutor. I might say so.

Prisoner. How could I rob him, my lord, if he never saw me?

Court. That the jury will judge of.

Prisoner. I have been in the horse guards. I own I was very wrong in saying I had it of a man that kept a chandler's shop. I was very much in liquor. I ought to have kept it till it was advertised.

For the prisoner.

Mary Eubridge . I live in Union-street, at the top of Hill-street, Berkley-square, and am a mantua-maker. I have known the prisoner about nine months; he told me he had found a watch near Spring-garden, and went to pledge it, and it was stopped. On the Wednesday morning, going to see him, I went into a public house, and asked to see a news-paper; and, in the Tuesday's paper, I saw this advertisement. I took a pen and ink, and wrote it out. The prisoner said he believed the prosecutor lived near Northumberland-street. I was going along the King's Mews; I saw the master of a coffee-house; I asked him if he knew where the gentleman was that lost his watch. He said he lived at No. 4, in Northumberland-street. I went there, to know if he would take bail; the woman said no such-person lived there. As I was coming along Long-acre, coming back, I saw the gentleman riding down St. Martin's-lane very fast.

Q. How did you do to know him?

M. Eubridge. I was at Major Spinnage's with the prisoner, and the gentleman was there.

Q. Was you examined there?

M. Eubridge. No. At the Major's the gentleman said he could not swear to the prisoner. I desired a person to desire the gentleman to stop; he did. The gentleman came riding back. I said I should be glad to speak to you, concerning the person in prison. He said he would be very glad to speak with me, and desired me to go to his lodgings, which I did. Then he said he was very lorry for the man, and that he did not miss his watch for ten minutes after. I said it was very hard an innocent man should suffer in prison; he said so it was, and he would use all his interest to get him out of confinement. I told him there was sufficient bail ready. He said he was going out of town for eight days, and should be in town the Tuesday following, and desired me to come again. I went on the Thursday morning by ten; he said he was sorry he should be confined; that he really believed he was innocent, but did not care to interfere in it himself; and could do nothing in it.

Q. to prosecutor. Do you recollect any thing of this?

Prosecutor. I saw her at Major Spinnage 's, when the prisoner was there; then she passed for his wife. She came to me, as his wife, and cried very much, and said he had found the watch. I said it would appear upon the trial whether he had or not; and said to her, I am very sorry for you with all my heart; it is an affliction upon you. In regard to the man, I cannot swear to him, but as for telling her I did not miss my watch at the time, I did not say any thing to her at all about it.

Guilty . Death .

281, 282. (M. 1st.) Samuel Clark and John Green were indicted for making an assault on James Isnell , on the King's highway, puting him in corporal fear and danger of his life, and taking from his person a gold watch, with outside case metal, value 5 l. and four-pence halfpenny in money, numbered, the property of the said James , Feb. 15 . *

James Isnell . On the 15th of February, between six and seven in the evening, I was going from Stepney to my wife, at Mr. Gloucester's, in Goodman's-fields. I was betwixt Stepney and Whitechapel , in the foot path. I saw two men standing before me, at about thirty yards distance. I had heard them speak before I saw them.

Q. Was it light or dark?

Isnell. It was not very dark, and it was not day-light; it was dusk; between the two. As they came near me, I went to give them the way; one came upon my right shoulder, the other fronting me; just by the four cross roads, between two ditches, one of them said, I want your money; give me your money; stand: that I believe to be Green. I saw a pistol. He was fronting me: the other put his hand to my breeches pocket, and took out four-pence halfpenny; and took hold of the string of my watch and pulled it out. The inside case was gold; the outside was metal. The other asked me whether I had any more money; I told him, No, and desired they would not use me ill.

Q. What are you?

Isnell. I am carpenter of an Indiaman . They went away towards Stepney. I went to Mr. Gloucester's, a hatter, in Lemon-street, where my wife was. He directed me to go to Mr. Brebrook, who had people on purpose to go after such people to take them. Mr. Gloucester went with me there: we got two men to go with us; they had a pistol and a cutlass. We went to Stepney church, and saw nobody. The next day I went to Sir John Fielding , and had my watch advertised, and described the people. Then I went to Duke's-place among the Jews, and told what reward I would give for my watch, five guineas: I inquired at silversmiths shops and pawnbrokers shops; and, on the 9th of March I found my watch at Mr. Gregg's shop, a pawnbroker, in Barnaby-street, with a chain and seal added to it, not mine. (The watch produced and deposed to). It had a green silk string to it when I lost it. We took Green up that same afternoon in Tooly-street. A Jew had told me he had seen the watch in the hands of Clark. He described it. He directed me to a waterman that carried the prisoner's box, who told me where to find the prisoners. We went to where they lodged. I took Green first; Clark tumbled out of bed at our going into the room. We secured him, and charged the constable with them both. After that Clark owned where the watch was; but said he bought it of a sailor; then I went to Mr. Gregg's where he said the watch was, and there I found it. The prisoners never acknowledged the taking it from me.

Thomas Gregg . I am a pawnbroker, and live in Barnaby-street. The prisoner, Clark, offered to pledge this watch with me on Tuesday, the 6th of March. I stopped it. He went back to fetch a sailor, to prove he bought it for three guineas and a half, but he came no more.

Q. to prosecutor. Do you know either of the prisoners?

Prosecutor. The only person I am clear in is Clark; and, to the best of my knowledge, the other prisoner is the other; but I do not swear to him. Clark is the man that took my watch. We found, in a chest, in their room, five loaded pistols, and nineteen balls, and some powder.

John Reynolds . I am the constable. I was told there was a man at the Spread Eagle who was suspected to have robbed a man in Stepney-fields. I went: there was Green: the prosecutor said that was one: we asked him where his companion was. He began to blast his eyes and limbs, and said, Would you have me go and search all Wapping, among all the thieves? I said, That is doing yourself no good. He asked us to go up stairs: we went up; there was Clark in bed. He got out of bed. The prosecutor said that was the other: then we laid hold of him. I found these pistols in Clark's room; they were loaded. (Producing five pistols, some balls, and a mould to cast balls in, some lead and some powder).

Clark's Defence.

I have witnesses to prove where I was at the time he was robbed, but they are not here. I bought the watch for three guineas and a half of a sailor, and I told them so when they asked me about it; and told them where I had pawned it.

Clark Guilty . Death .

Green acquitted .

(M. 1st.) They were a second time indicted, for making an assault on Thomas Metcalf , on the King's highway, putting him in corporal fear and danger of his life, and taking from his person a metal watch, with a tortoise-shell case, value 4 l. two half guineas, one five-and-three-penny piece, and two shillings i money, numbered, the property of the said Thomas , October 1 . *

Thomas Metcalf . On the 1st of October, in the evening, coming from Bethnell-green, I came by Mile-end turnpike , thinking it too late to go over the fields. I came as far as the New-road at the mount. I was thoughtful whether I should go down the road. I went down the New-road After I got about two or three hundred yards down, I heard the feet of two men before me. I made the more haste to come up with them, thinking I should have company. When I came near them, I thought they were old men going arm in arm, with their hats flapped. I did not much like it; I did not know whether it would be best to run back again; I was within two or three yards of them. I thought if I did they might run back after me; it was very dark. I went past them, with my cane in my hand. When I was two or three yards before them, I heard them whisper something: one of them came up to me, and took me by the collar with his right hand, and pitched me against the rails, and put a pistol to my breast, and bid me stop. I asked them what they wanted; they told me to put my hand into my pocket, and give them my money. I desired them not to use me ill, and they were welcome to my money: I pulled out two half guineas, a five and-three-penny piece, and two shillings, and gave him; then the other searched the lining of my coat: he that had hold of me said, Look for his watch; they took it: then they turned round towards White-chapel, and wished me a good night. (It was a metal watch, with a tortoise-shell case). On the Monday morning I went to Sir John Fielding , and had some hand-bills dispersed about. I heard no more of it till the 11th of March. One of the people that belonged to the prison in the Borough, came and asked me if I had been robbed. I said, Yes, of a watch. He desired me to take a pen and ink and describe it. I did. He said he had seen it, and it was in the hands of Justice Spencer, and desired I would come over on the Monday, and I might see it and the people. I went on Tuesday, the 13th, and saw it and the prisoners at Margaret's-hill; I believe the prisoners to be the two men that robbed me, but I cannot swear to them, it was so dark. (The watch produced and deposed to). It was made for me; there was a very fine steel chain to it, and two gold seals; one of them my coat of arms.

John Reynolds . I was sent for, being constable, on the 9th, to take the prisoners in charge. When we were before Justice Spencer, I told him one of them had a very fine watch in his pocket (he had shewed me the watch and seals before); that was Green; who said he bought it of a Jew in Wapping, for two guineas and a half. I took the watch from him when before the Justice.

John Panton . I am servant to Mr. Strange, the keeper of the New-Gaol in the Borough. On the 9th of March, the prisoners were brought to our gaol; I locked them both up; one in one place, the other in another. One of them, upon unlocking in the morning, said, I have something to disclose to you. I said, What is that? Said he, I cannot tell you here, because I may get myself killed. He gave me an account of these five pistols being loaded, in the very room where they lived. I told Mr. Spencer of it: he said, Mr. Reynolds will be here presently; I will order him to see after them.

John Brown. I was the waterman that carried the prisoner's chest from New-crane to where they lodged.

Green's Defence.

I bought this watch of a Jew in East-Smithfield for two guineas and a half. There were several of my ship-mates by at the time, but they are gone to sea.

Clark's Defence.

I lent Green the money that he bought the watch with. I cannot say I saw him buy it; but he bought it of a Jew for two guineas and a half.

Green guilty . Death .

Clark acquitted .

(M. 1st.) They were a third time indicted for making an assault on Amos Avery , on the King's highway, putting him in corporal fear and danger of his life, and taking from his person a gold watch, value 3 l. one guinea, one shilling, and two sixpences, the property of the said Amos , Feb. 3 . *

Amos Avery . On the 3d of February, about eight in the evening, going from Whitechapel to St. George's Church , I was got about an hundred yards down the New Road, two men came to me out of the field; one laid hold of me with his left hand, and presented a pistol with his right; the other looked at me all the time he was rifling me of my watch and money. I went next morning, and had my watch advertised, but never heard of it since. I am as certain as to Green's being one of them, as if I had seen him a thousand times, he looked so much at me. I am not so certain as to Clark, for his face was down; but I believe him to be the man.

Clark's Defence.

I know no more of it than the child unborn.

Green guilty . Death .

Clark acquitted .

283. (M. 1st.) Eliz. Richards , spinster, was indicted for stealing a silver watch, value 42 s. and one half guinea , the property of George Medley , April 10 . *

George Medley . On the 10th of April I happened to be with an acquaintance; I staid late, and was locked out of my lodging. I met the prisoner in the Strand; she persuaded me to go with her to her lodging; this was about twelve at night. I went with her to the corner of White-hart-yard, by Catharine-street , up stairs. I had my watch and money in my breeches when I went into the house. I put my watch-chain into my pocket, and felt my half guinea in my pocket, when at the foot of the stairs. I did not pull my clothes off, only my shoes, but lay down on the bed with her. In the morning as soon as I awaked, I missed my watch and money; this was about nine in the morning; she was lying on the bed by me then.

Q. Was you drunk or sober?

Medley. I was a little disguised in liquor; I did not feel her pull my watch away. I awaked her, and taxed her with taking them; she said, she knew nothing of it. I searched the bed, and searched her, but could not find any thing; but the same day I found it pawned at the corner of Half-moon-street. Then I got a warrant and took her up; and before Sir John Fielding she confessed she gave it to Elizabeth Little , to pawn for her.

Eliz. Little. The prisoner called me down to her room door that morning about ten o'clock, and asked me to carry the watch to pawn. She said, a young man had been with her all night, and he had no money; and he had left it with her, and desired she would pawn it for a guinea. I went and pawned it at Mr. Brown's, and gave her the duplicate. (The watch produced, and deposed to by the prosecutor.) I think this is the same watch.

Richard Blake . I am servant to Mr. Brown, a pawnbroker. Little brought this watch, and pawned it with me on the 10th of April in the morning.

Prisoner's Defence.

Another woman left this watch in our salt-box; that woman lay along with me. She said, she found it in the bed. She asked Mrs. Little to carry it to pawn; she did, and gave me the duplicate; and the man came in the afternoon, and I gave him the duplicate.

Q. to prosecutor. Was there another woman lay along with the prisoner and you?

Prosecutor. There was none but the prisoner lay along with me.

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

284, 285. (M. 1st.) Henry Taffe and Michael Spencer were indicted for stealing five china cups and five china sawcers, value 3 s. the property of William Webster , and seven shirts, a cloth coat, a waistcoat, a pair of breeches, and a pair of stockings, value 5 l. 12 s. the property of Thomas Ward ; and one telescope and a punch-bowl, value 5 s. the property of Alexander Lindsey , in a certain ship , called the Minerva, lying on a navigable river, to wit, the river Thames, March 9 . ++

W. Webster. I belong to the Minerva; she lay at Gun Dock . The prisoner Taffe was hired by my mate; she was robbed of the things laid in the indictment, (mentioning them, and the respective owners.) There was nobody on board at the time but a boy, who told me, Taffe came on board at the time; upon which I took him up in Wapping. He confessed, he had robbed the ship; the telescope and a stocking were found in his pocket. He said, he had sold the rest of the things in the city.

Alex. Lindsey . I heard Taffe confess he had robbed the ship; and I found a stocking of Thomas Ward's upon him.

Thomas Ward . I saw Taffe after he was taken up. I saw the coat and breeches after they were found, where they were pawned. Spencer said, he knew where they were pawned.

Taffe's Defence.

I found these things between four and five o'clock, on board a ship. I was in liquor, and did not know what I said.

Spencer's Defence.

I know no more of the robbery than the child unborn. I never was on board that ship; neither do I know where she lay.

Jos. Mildread . Spencer has been with me ever since the year 1764; he has been trusted with large sums of money. I always had confidence in him, and thought he deserved it. I had an excellent character with him. He left me in July last. He had a dispute with my maidservant, whom I find he has married since. I never heard any thing ill of him in my life.

Taffe Guilty 39 s .

Spencer Acquitted .

[Transportation. See summary.]

286. (M. 1st.) Jos. Jenkins was indicted for stealing a glass bottle, value 4 d. and two quarts of oil, value 8 s. the property of Richard Chapman , March 13 . ++

Acquitted .

287. (M. 1st.) John Edwards, otherwise Edward Howard , was indicted for stealing six yards of joining thread lace, value 20 s. and two pair of Mecklin laced ruffles, value 40 s. the property of John Compagnon , April 3 . *

Mary Compagnon . My husband is named John; he lives at Lisle; I live in St. Martin's-le-grand . In the year 1768, the prisoner came to me at Paris; he could not speak a word of French; I pitied him very much. He told me, the reason of his leaving England was, his friends were for forcing him to marry against his inclination, and that he had no money. He said, his name was Howard, pretending himself to be a relation to the Duke of Norfolk. I returned to England in the year 1769, about October; and brought the prisoner over with me. He lodged at an inn, and used to come every day to see me. I keep a warehouse. I lost a box of joining lace, more than 100 yards, and fifteen or sixteen pair of gentlemens Mecklin ruffles, in the year 1769. After I found the prisoner was not the man he pretended himself to be, which I found about the 6th or seventh of last February, I desired him not to come to my house. After that, may be he would come once a fortnight. He brought these Mecklin ruffles to me the 10th of February; (the very moment I saw them, I knew them to be mine.) He offered to sell them to me. I did not claim them then, thinking he might bring more of my goods that I missed. I think, the Wednesday following he brought some joining lace, which I knew to be mine. I said, Sir, I think you may make me a present of this piece of lace. He said, he would give me two yards of it; I said, I wanted it all. I said, This is mine; I shall keep it. He said, he did not understand that; he should send his sister for the money. I found at the bottom of the lace my own paper, with my marking, in figures, and my name on it. Then I said, Now, sir, I will stop it, and I will swear it to me mine. I desired him to tell me where he bought it. He said, he bought it at Lisle, of one Carpentear. I said, I should write to that person. Then he said, Carpentear sold it to one Clark. He went away, and came again about six, and told me, my husband was by when he bought the lace of Carpentear. He told me, it was very lucky Mr. Carpentear was in town; he had just met him; and said, if I would deliver the lace to him, he would bring Mr. Carpentear the next morning. I said, I should keep the lace till I saw him. Then I demanded the ruffles that he had shewed me. He said, they were at Mr. Child's, a banker, at Temple Bar; and he could not have them back again. I said, I would have them. Then he said to me, Send your son for them. I desired him to give my son a note to Mr. Child for them. He said, he did not know his hand-writing; but he bid my son give his compliments to Mr. Child, and ask for them. When my son was gone; the prisoner went away; I sent my maid to follow him, but she lost him. (The lace produced in court, sealed with Justice Spencer's seal, and the prosecutrix's.) Here is my name, Mary Compagnon , and the figures 5 and 3 and 9 on the paper, my own writing. This paper was in the middle of the lace. I made these figures in the year 1768.

Cha. Compagnon. I am son to the prosecutrix. It was agreed upon betwixt my mother and the prisoner, that I should go to Mr. Child to ask for the ruffles. He desired me to go in his name, for the two pair of ruffles. I went: when I was near Mr. Child's house, he came and tap'd me on my shoulder, and said, We have no business to go there; let us go and drink a glass of wine. Then we went up the Strand; I think he said, Mr. Child was not at home. We went near the New Church; he there said, he would go and see if Mr. Clark was at home. He went, and soon returned, and said, he was not at home, Then we came to the Goose and Gridiron in St. Paul's church-yard: there we drank; I said, What excuse can I make for staying so long? Said he, You may say Mr. Child was not at home; and when I came home I did say so.

Ann Sharpe . I lived a little better than three months with Mrs. Compagnon. I have heard her complain of losing lace: at that time the prisoner used to come every day; he went by the name of Howard. The lace was kept in the dining-room, and he used to go there.

Prisoner's Defence.

I bought this lace in France; there were no marks on the ruffles. There may be ten thousand more ruffles of that pattern, besides what she had. If I would have given her the piece of lace, she would not have prosecuted me.

Guilty T .

288, 289. (L. 2d.) James Artherton and James Hand were indicted for stealing a linen handkerchief, value 10 d. the property of John Brown , April 8 . ++

Both Acquitted .

290. (L. 2d.) ROBERT DIXON was indicted for stealing a linen handkerchief, value 10 d. the property of Silvanus Stanley , April 24 . ++

Silvanus Stanley . On Tuesday last I was at the corner of King-street, Cheapside , the time Mr. Wilkes was going to Guild-Hall. Mr. Paine came and told me I had had my pocket picked of a handkerchief, and he would shew me the man. He shewed me the prisoner. I found my handkerchief (a linen one) in his left-hand waistcoat pocket.

W. Paine. I was in the crowd at the time Mr. Wilkes was going to Guild-Hall, more with intent to take a pick-pocket, than to see Mr. Wilkes, or any other gentleman. I saw several that I knew to be pick-pockets. I saw the prisoner take a handkerchief out of the prosecutor's pocket, as he was by the corner of King-street. I informed the prosecutor of it, and we found it upon the prisoner.

Prisoner's Defence.

I picked the handkerchief from the ground.

Guilty . T .

291. (L. 2d.) Thomas Milston was indicted for stealing a linen handkerchief, value 10 d. the property of George Marshall , March 27 . ++

George Marshall . On the 27th of March, about eight at night, I was at Holborn Bridge , going up the hill. I belong to the excise. I had put my rule on my handkerchief in my pocket. The prisoner in snatching my handkerchief out, made the rule strike against my thigh. I turned round, and catched him with my handkerchief in his hand; he was just going to drop it; it fell on the ground. I took it up; it was a linen handkerchief. The prisoner said, he never did so before.

Guilty . T .

292. (L. 2d.) George Roberts was indicted for stealing a linen handkerchief, value 6 d. the property of Joshua Redshaw , Feb. 26 . ++

Joshua Redshaw . The day that the Kennedys were to be hanged, I was just by Newgate , going to Staples-Inn. I was in the middle of the street. There was a drove of oxen coming; I ran back to the crowd of people that were there. Mr. Paine tap'd me on the shoulder, and asked me if I had not lost my handkerchief; and held it up. He bid me come with him to Wood-street Compter; I did not chuse to go. Another gentleman gave in his name; then I went. I could not swear positively to the handkerchief; my mother lent me one like that, which I lost at that time.

W. Paine. On the 26th of February, the time when one of the Kennedys was expected to be executed, I was among the people before Newgate. I had seen the boy at the bar about half an hour; I kept my eye upon him. I saw him take this handkerchief out of this young gentleman's pocket; I immediately seized him by the collar. He dropped it. I held him with my left hand, and picked it up with my right, and called to the gentleman. (The handkerchief produced in court.)

Prosecutor. That I lost was such a one.

Prisoner's Defence.

I had been at work that morning; I was errand-boy to Mess. Salt and Baker, in Cheapside. I understood there were two men going to be hanged, and thought I might go in my breakfast-time. I went as far as Mr. Dodd's, the cheesemonger's, and Mr. Paine came after me with this handkerchief.

To his Character.

John Dickenson . I live with Mess. Salt and Baker, in Cheapside, paper-stainers. The prisoner was errand-boy at our shop; he always went home to his meals, and came regular. He has never missed a day's work, except sickness hindered him. He has a good character for whatever I heard.

W. Elsey. I am one of his masters; I have employed him five years. He has behaved very well, and goes of errands very quick, and brings his money very properly.

Guilty W .

293. (L. 2d.) Joseph Green was indicted for stealing four guineas, the property of John Hunt , privately from his person , March 31 . ++

John Hunt . On the 31st of March, the prisoner took a lodging where I lodge, in St. Thomas the Apostle's ; he was to enter upon the lodging as that day. I went to bed on the 31st of March, and awaked between five and six the 1st of April. My sister came into my room, and said, she was perfectly certain our new lodger had been in my room; and desired me to see if I had lost any thing. I had left my breeches at the corner of my pillow; I examined them, and missed four guineas. I went and got a constable. Then we went to the prisoner, and I asked him, if he remembered being in my bed-room? He said, No. I said, Look over your money, and see if you have not more than your own. I observed him take out four guineas from one pocket. Then he began to tell his money over, and at last he said. Here are four guineas more than I know of; if they are yours, take them. My breeches lay in the morning pretty near where I had left them. Then I charged the constable with him; he was examined at Guild-Hall on the Monday.

Mary Hunt . I let the prisoner in a little after twelve at night; he seemed very much in liquor. I gave him a candle; he went up stairs to bed. I listened, and heard him make a noise. I went up to see what he was about; he was coming down, and said, he could not find his room. I went and opened the door, and let him in, and shut the door, and went down stairs. In about five minutes I went up again, and into my own room, and heard him open his door, and stand some time at the door, and then shut it again. Then he opened it again, and came out, and went to my brother's room, and pushed the door open. My brother's room is close to his room. I listened some-time, and heard him chink money in my brother's room. Then he came out, and went into his own room, and locked his door; and I heard no more of him. At about six in the morning, I went and awaked my brother, and asked him, if he knew what money he had in his pocket when he went to bed? He said, Yes. I told him, I thought I heard the prisoner in his room. He recollected, and said, he missed four guineas.

Q. Who is this Mr. Green?

M. Hunt. I know nothing of him.

J. Hunt. He was recommended to me by people that live directly opposite to me. I had five guineas and a five and three-pence in my pocket, besides the four guineas, when I went to bed.

Prisoner's Defence.

I am conscious of my innocence in this affair. I had been in Ratcliffe Highway, and was in liquor. I met an acquaintance. How I came home, or whether he came with me, or who was in company, I know not; nor do I recollect one single thing till the next morning. Mr. Hunt came into my room, and asked me, if I was in his room that night? I did not know the room that I took of him; his door is just by mine. Who let me in, or at what time, I do not recollect. I heard the watchman call three o'clock, when I found myself asleep. Said Mr. Hunt, You had better look over your money; see whether you have more than your own; because I have lost some money. I took my breeches from under my head, and told him, I had got four guineas more than I can say how I came by. He said, they were his property; and I gave them to him. Then he charged a constable with me, and sent me to the Compter.

He called three people to his character, who said he wrote for attornies , and had behaved well, and had been trusted largely.

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

294. (L. 2d.) Abraham Myer, otherwise Meal , was indicted for stealing twelve pounds weight of moist sugar, value 3 s. the property of a person or persons unknown . Feb. 24 . ++

John Burch . I am a gangs-man at Fresh-wharf. I saw the prisoner on the Keys, (I do not recollect the day.) I had some business out; on my return I met the prisoner in Thames-street, coming out of Summer's-key gateway. The street-keeper was by; I gave him charge of the prisoner. I found a large pocket of sugar upon him; I believe there were ten or a dozen pounds of it. There was a hogshead of sugar, with the head out, upon the key. (The sugar produced in court.)

Mr. Fleming. I am one of the street-keepers. Mr. Burch gave me charge of the prisoner. I lifted up his apron; there he had this sugar in a pocket.

Burch. I believe the prisoner has got his bread in this pilfering way these ten years.

Prisoner's Defence.

I saw other people pick up sugar; so I picked some up.

He called Ashur Abraham , his father, who gave him the character of an industrious youth.

Guilty . T .

295. (L. 2d.) John Armond was indicted for stealing a linen handkerchief and a linen shirt, value 2 s. and a neckcloth, value 6 d. the property of William Townley , April 13 . ++

W. Townley. I am servant to Mr. Driver, at a nursery-garden, in Kent Road. Coming out of Gracechurch-street , on the 13th of April, in the evening, I stopped to hear people singing; this was a little after nine. I had not stopped above two minutes, before I felt a tug very hard at my left hand pocket, in which was a shirt, a neckcloth, and a handkerchief. I turned my head immediately, and saw the prisoner's hand go from my pocket, and whip it under his coat and run. I ran after him. There were no people passed till we came to the gateway under St. Magnus church. I saw him stop all at once. I told him, he was the man that robbed me. He never was out of my sight. I was going to search him. A man said, That man that you have hold of, I saw push a little bundle through the bannisters of the bridge. I looked through, and saw the water was low. The people looked, and said, There is a bundle lying on the ledge, on the outside, a little below the bannisters, where boys can run round. I got the prisoner near the bannisters, and looked through, and saw it was my bundle; I said, I would satisfy any body if they would get it me. A sailor jumped over the bannisters, and put it through to me; for which I gave him some halfpence. ( Produced in court and deposed to.) I charged a constable with the prisoner. When we were taking him away, he said, if I would forgive him, he would never do so more.

W. Baker. Coming over London Bridge, on Good Friday at night, about nine, I met a man in full run. Just before he came to me, I saw him chuck something through the bannisters of the bridge. The prosecutor was up with him immediately, and took hold of him. There was no other man came near. I believe the prisoner is the man. The prosecutor looked through, and said, it was his bundle. A sailor got over and shoved it through.

Prisoner's Defence.

I was coming from Leaden-hall; that man ran after me, and said, I had picked his pocket. I know no more of it than the child unborn.

Guilty T .

The prisoner was tried and acquitted at Kingston Assize last.

296. (L. 2d.) Thomas Welch was indicted for stealing two pounds and a half of raisins, value 6 d. the property of a person unknown , April 22 . ++

Thomas Skinner . I detected the prisoner yester-day was a week, about six o'clock, at Fresh-wharf: there was a parcel of fruit lay there in baskets. The prisoner had got two pounds and a half of raisins in a stocking. ( Produced in court ).

Prisoner's Defence.

I saw them lying on the ground, and I picked them up.

Guilty . T .

The prisoner was tried at Kingston last assize, for stealing goods at a whars on the Surrey side, and

acquitted.

297. (L. 2d.) William Freeman was indicted for stealing a linen table cloth, value 8 s. the property of Robert Crick , Feb. 7 . ++

Elizabeth Crick . I am wife to Robert Crick : we keep the Black Horse in Long-lane . On the 7th of February the prisoner came to our house, about eight or nine o'clock in the morning. He breakfasted, and staid till twelve o'clock. He called me to draw him a pint of beer. While I went down to draw it, I thought I heard somebody in the kitchen; as I came up, I saw the prisoner going out at the door: he got out at the door before I went and got him to come back; when, in the tap room, I took my tablecloth from him. I asked him what business he had with it; he said he took it out of a joke. (Produced and deposed to). He paid for all he had. He is a butcher. I had seen him twice in my house before, but do not know where he lives.

Ann Bastin . I saw Mr. Crick bring the prisoner back into the house, and take the tablecloth from him.

Prisoner's Defence.

This lady will swear my life away for half a crown.

He called Charles Casberd , John More , Edmund Brian , John Wells , and William Shodeck , who said he was a journeyman butcher , and very honest.

Guilty . B .

298. (L. 2d.) Charles Hooper was indicted for stealing six pounds weight of brass, value 4 s. the property of Christopher Lawson , April 6 . ++

Christopher Lawson . I am a founder and ironmonger . I had missed metal several times, and suspected the prisoner. He was a labourer to me.

James Carthorn . I am servant to Mr. Lawson. He lives in Cursitor-street . I had a charge to watch the prisoner. Master had ordered him never to go into the casting shop. On the Friday before Faster, I was in the shop above stairs, and the prisoner in the casting shop below. I had made a hole through a board, through which I saw him take some rough brass, newly cast; such as we break off from the good work, and melt down again. We thought proper to watch him, to find where he sold it. I and the 'prentice followed him to Turnmill-street. I saw it in the scale; but the woman carried it away so quick to another room, I never saw it afterwards. I believe there were six pounds of it.

Prosecutor. I went next day, but could not find it. That person is now under a prosecution for receiving stolen iron.

Joseph Stevens . I saw the prisoner take it out of his pocket, at the old-iron shop in Turnmill-street. I was then at the shop door.

Prisoner's Defence.

I know no more of it than the child unborn.

He called Humphry Gill and Thomas Peters , who said they never heard but he was honest.

Guilty. 10 d. W .

299. (L. 2d.) Thomas Bird was indicted for stealing a wooden box, value 6 d. four silver buckles set with glass, value 5 s. three gold rings, value 20 s. and two shillings in money, numbered , the property of John Archer , April 9 . ++

John Archer . I am a box-maker , and live in Barbican . The prisoner was my errand-boy . I was not at home when the fact was committed; I was when he was brought back. This was the 9th of April. I heard him own he took the box from out of the one pair of stairs room into the cellar, and had taken two shillings out of it, and some other things that my wife had put in.

Mrs. Archer. This was a box my husband made for me, to put odd money and things in for safety. I keep it in the closet in my room. In the morning of the 9th of April the boy was missing. Our apprentice brought me some pieces of cotton out of the cellar, which I knew I had put into that box. I went up, and missed the box. The box was found hid under some things in the cellar; part of the bottom broke out. The boy owned to taking two shillings out: there was a great deal more money, but how much I cannot say: the rings and buckles were also in the box. We suspected him, because he has been a very bad boy all his life-time. We took him because of his father, who has been a journey man to us some years; a very honest man. The boy was found up in Holborn, along with four pickpockets.

Q. How old is he?

Mrs. Archer. He is between 13 and 14 years old.

John Palmer . I found some pieces of cotton in the cellar. I brought them to mistress. She went to see for the box, and it was gone; then she and I went and found it hid in the cellar.

Michael Wood . I found the boy at the bar in Holborn, with three other boys. I laid hold of him, and said, You rascal! what have you done with your mistress's money? He answered, I had but two shillings. I asked him what he designed to do with the box. I think he said, he intended to have fetched it away at night.

Prisoner's Defence.

I did not take it.

Prosecutor. It is by desire of his father that I prosecute him.

Guilty . T .

300, 301, 302. (M. 1st.) Thomas Bowers , James Newman , and John Kellyhorn , were indicted for making an assault on Benjamin Hall , on the King's highway, putting him in corporal fear and danger of his life, and taking from his person a pen-knife, value 12 d. three guineas, one half guinea, a five-and-three-penny piece, one hundred and sixty-eight copper half-pence, value 7 s. and 16 s. in money, numbered, the property of the said Benjamin , Jan. 26 . ++

Benjamin Hall . I am cheesemonger , and live in Broad-street, Ratcliff-cross. On the 26th of January I had been round among my customers as usual, to see what they wanted. I received the money, and was returning with my pans for butter under my arm. Coming along the back road, on the back of St. George's church , Bowers, one of the prisoners, came up to me, and asked me what it was o'clock: I said I did not know. He walked with me seven or eight yards, I believe, and then bid me stop, and put a pistol to my head, and said, If I spoke a word he would blow my brains out; then Milbank, the evidence, came up, and put another pistol to my head, and said the same; then up came Newman, and put a pistol to my head, and took hold of Milbank's pistol while Milbank placed me against the wall. (I had seen Newman before about the street). Then they began to take my money out of my pocket. Newman and Bowers held the pistols; Milbank unbuttoned my breeches to see for my watch. I had none. Then he took three guineas and a half out of my fob, a quarter guinea and sixteen shillings out of my breeches pocket; they felt in my other pockets, and found nothing else. They then bid me go about my business, and not speak a word, for if Idid, they would kill me on the spot. I went about seven or eight yards; they followed me, and bid me shop again, and placed me up against the wall, with the pistol at my head again. They cut off my waistcoat pocket, with seven shillings worth of halfpence in it, and a pen-knife: they then bid me go about my business, and not say a word. I went a little farther; there came a cart and three or four men; I hallooed to them for assistance; they did not hear me; the cart making such a noise, I imagine, prevented them. Then the prisoners called to me again. I ran as hard as I could till I got into the Crooked Billet alehouse. There was a fourth man, but he stood behind Milbank; I could not make any observation of him; he did not come near me. The prisoners were taken the same night, and the people came to me at the Crooked Billet for me to see them. I went to see them, and they had broke out of the Bail-dock in Whitechapel, and were not taken again till the last day of last sessions. I went upon the Sunday after to Tothill-fields Bridewell, there I saw Milbank, and knew him directly. I did not see the rest till they were brought before Sir John Fielding , which, I believe, was the Monday following: then I knew two of them as soon as I saw them; they were Milbank and Bowers. I now swear they are two of them.

Q. Was it light or dark when you was robbed?

Hall. It was not dark; it was about six at night: Bowers was dressed just as he is now, in a long coat: he had a short pistol. Milbank was in a short jacket; Newman had a long pistol; he was in a short jacket, his own hair, and a round cap. I kept looking at Bowers all the time he walked with me. I could not tell what to make of him.

Newman. He never swore to me before Sir John Fielding .

Hall. I did not swear to him then; I said I could not punctually swear to him; but I said I was pretty certain he was one of them, but his dress and his person so struck me, I am certain to him.

John Paggett . On the 26th of January I took Kellyhorn, about eleven at night, out of his lodgings in East Smithfield. I brought him about half way from Salt petre Bank; he said. Put a pair of hand-cuffs on me, and I'll go and shew you the others that were with me, that did a robbery this night: accordingly I did; he went where Bowers was in bed. I took him, and Newman came to see what was the matter; then Kellyhorn said, That is another that was with us in the robbery.

Q. Where was this?

Paggett. This was in Black-horse yard in East Smithfield. He said, Bowers, Newman, and Milbank, were with him; Milbank was in bed in Black-horse yard, at another house; he got off: we took them up to Whitechapel, and locked them up in the Bail-dock; Bowers and Newman broke out; we had Kellyhorn in another lock-up place, thinking he should be admitted an evidence; and he was admitted at the Rotation, and was out upon bail, on purpose to find Bowers and Newman again. I heard no more of them till after last sessions: then I heard Milbank was taken about a pair of breeches, by some of Sir John Fielding 's men; there he was admitted an evidence by Sir John.

Q. Do you know whether Sir John knew what had been done about Kellyhorn then?

Paggett. I do not know whether he did or not; he was told of it afterwards; and he said he could not then go from it.

Q. How came you to take Kellyhorn again when he was upon bail?

Paggett. He was taken up upon Milbank's evidence for this robbery, by Sir John's warrant, and carried before him. I told Sir John what had passed, and produced the information. I think Mr. Camper was one that took the information.

Q. to prosecutor. Did you swear to Milbank as one that robbed you?

Prosecutor. I swore before Sir John Fielding to Milbank and Bowers positively, as two that robbed me.

Milbank was in court, but the court thought proper not to examine him.

Bowers. Please to ask the prosecutor who cut his pocket off.

Prosecutor. I do not know; they were all together.

Bowers's Defence.

I am very innocent of what is laid to my charge; I get my bread at sea.

Newman's Defence.

I think it is very hard the prosecutor could not, swear to me at Sir John Fielding 's, and now to swear to me. I have not been on shore five weeks these five years.

Kellyhorn. I never meddled with the prosecutor.

For Kellyhorn.

John Turner . Kellyhorn come to my school some years ago: I have heard a very good character of him since. When he came to school, he was the first in bed, and the last up in a morning.

Mary M'Cray . Kellyhorn had a boat of his own, and worked upon the water. I always thought him a quiet lad.

Millicent Hutchinson . I knew him a little boy. I never knew any harm of him in my life.

Mary Fitzmorris . I have known Kellyhorn fifteen years; he bears the character of an honest lad.

All three guilty . Death .

Kellyhorn recommended , on the merit of his confession.

Milbank was committed. See him tried for a highway robbery, No. 85 in this Mayoralty.

303, 304. (M. 1st.) Charles Chatterley and James Newland were indicted for breaking and entering the dwelling-house of Francis David , on the 24th of March , about the hour of three in the night, and stealing a piece of crimson silk, value 20 s. a pair of stays, value 12 s. a pair of velvet shoes, value 5 s. a pair of silk shoes, value 2 s. a green silk gown, value 10 s. a stuff gown, striped, value 5 s. a black silk gown, value 10 s. a silk petticoat, value 10 s. a razor case, value 10 s. a pair of silver shoe-buckles, value 5 s. a silver seal, value 6 d. a beaver hat, value 5 s. a gunpowder horn, value 3 d. a pair of plated knee-buckles, value 2 s. a gauze cap, value 6 d. and a brass padlock, value 6 d. the property of the said Francis, in his dwelling-house . *

Francis David . I keep a pawnbroker's shop ; I was called up between four and five in the morning of the 25th of March, by the watchman knocking at my door: I found the staple of the outside window-shutter broke; it was a sash window. They had broke a pane of glass; it was a double-glass window. They did not get into the house, being prevented by the people over the way. There is an inside sash, about eighteen inches distance from the outside sash. I put my goods between the two windows to show them; there lay the goods mentioned in the indictment, which they had taken away: the shutters and all were fast and well when I went to bed, at twelve o'clock at night. There is one John Thompson turned evidence at Sir John Fielding 's, by which means I found a black silk gown; a pair of stays were found at a pawnbroker's in Broad St. Giles's; a pair of woman's shoes in Broad St. Giles's, at one Batson's, and a green gown was found on Elizabeth Curtis 's back.

Mary David . I am wife to the prosecutor; all the goods laid in the indictment were between the glasses when we went to bed.

Thomas Batson . I keep a coal-shed in St. Giles's; I bought a pair of velvet shoes of Charles Smith , about a fortnight before Easter.

Charles Smith . I was at work at sawing opposite St. Giles's watch-house; Thompson, the evidence, was going by; I asked him to drink part of a pint of beer. We went to a public-house where I lodge: he asked me if I knew if any girls that drawed beer in the house wanted a pairof shoes. The two prisoners followed us in. I never saw either of them before. I think Newland had the shoes in his pocket, but cannot be positive. I called the maid out of the bar room; she took the shoes and shewed her mistress them. They did not like them. Then we went all out of the house together. I carried them to my room, while I carried the shoes to the coal-shed to ask Mr. Batson whether he knew any body that wanted a pair of shoes; he said he would carry them to his niece, to see if they would fit her: Newland set the price 4 s. he took 3. 6 d. for them.

Elizabeth Curtis . This green gown was brought to me on a Monday, the 26th of March, by Thompson to go and pawn it. He brought it to me in the tap-room at the King's Head; the two prisoners were with him: they said nothing to me. I carried and pawned it, and the Saturday before Easter I fetched it out again. I bought it. It was taken from me the Sunday following by Mr. Gandall. Chatterley brought me the stays to pawn: I pawned them for 5 s. 3 d. I gave the money to Thompson by Chatterley's order. They said I should not come to any hurt by it.

William Taylor . I went with Thompson to apprehend Newland, and the next day I took this woman with the green gown upon her. Newland did not know what I apprehended him for till before the Justice.

Q. What did he say there?

Taylor. I was not present. I went to the pawnbroker's, and found the things by Curtis's direction.

William Gandall . I can say no more than what Taylor has said. I found this bed-gown in Curtis's cradle. (Produced and deposed to). Here is a pair of silver buckles, which I found in Russel-court, at a silversmith's, where Thompson said he sold them.

Charles Thompson . I am a drummer in the third regiment; I cannot tell the day of the month. The two prisoners and I were drinking together at the Adam and Eve in Petty-France. Newland is a soldier in the first regiment ; Chatterley has been a fifer : we proposed to go out to rob some house, but not this in particular. We never had been out before. We went out between ten and eleven, and went to the Red Lion in the Ambury, and staid there till the clock struck one; then we went to got some things out of a coachmaker's shop: we got two or three chissels and a pair of pinchers. I knew of them because I lived hard by. Then we went and broke the prosecutor's house open; that is not above two hundred yards from the coachmaker's: we knew it to be a pawnbroker's. I thought there might be something in it. Newland and I broke it, and Chatterley walked about where the watchmen were. We broke the outside bar, and pulled one of the shutters off, and then broke a pane of glass, and got all the things out that we could reach: I put my hand in and took them all out, and Newland helped to carry away all these things that are produced here. (The goods found produced and deposed to by prosecutor and wife). It was too late to proceed any farther, being between three and five o'clock. Just as we were going away, one of the watchmen came running after us. We all went to a stable where Chatterly used to lie. Chatterley went away before us: he was sometimes one hundred and fifty yards before us, sometimes one hundred. The stable is in the King's Head yard, by the Westminster infirmary. We left the things there all the Sunday; some we carried to Elizabeth Curtis and Ann Moody on the Monday; the case and razors, and a pair of plated knee buckles, we made away with.

Q. How came you to employ Smith?

Thompson. I had known him before; he had no share in this matter.

Q. How long have you known Newland?

Thompson. About a month.

Mr. King. I keep the Adam and Eve in Petty-France. I turned the two prisoners and evidence out of my house that Saturday after ten o'clock, that the robbery was done. They came in drunk, and went out so, after they had been in my house about two hours. They came in and went out together.

Chatterley's Defence.

I am innocent of the robbery. I was drinking with James Newland at the King's Head. Before we had been there ten minutes, the drummer came in with the things under his arm, and he had a girl with him, to sell them. He lives with Elizabeth Curtis .

Newland's Defence.

I have nothing to say. I was concerned along with the drummer; he was the ringleader of it.

Chatterley called Elizabeth Tilcock and Sarah Colwell , who said, he used to draw beer at alehouses, and they never knew he robbed any body.

Newland called Jos. Mustard and Tho. Butcher ; the first had known him t wenty years, the other nine; and never heard any harm of him.

Both Guilty . Death .

305. (M. 2d.) Job Parker was indicted for breaking and entering the dwelling house of Margaret Gibbons , on the 13th of March, about the hour of twelve in the night, and stealing a linen gown and petticoat, value 4 s. a red and white gown and petticoat, value 4 s. a pair of stays, value 4 s. three linen shifts, value 5 s. a cloth apron, value 1 s. a muslin apron, value 1 s. a sattin cloak, four silver pins, set with stones, a gold ring, a pair of ear-rings, a black silk handkerchief, a white linen gown, and a dimothy petticoat, the property of Mary Ann Gibbons , in the dwelling house of the said Margaret . ++

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

Mary Ann Gibbons . I am daughter to Margaret Gibbons , in Baker's Row, Cold Bath Fields . My mother's house was broke open the 13th of March ; I discovered it between twelve and one in the night. I heard somebody walk about the room over me; I lay in the room under that room which was broke. I called out. I lay in the kitchen. I called to the watch; when the watchman came, there was nobody in the house. I heard somebody jump out at a window. I went up stairs with the watchman, and found the window shutter broke open in the parlour, in the ground-floor; the fastening that the bolt goes into of the window was wrenched off: three locks of the drawers were broke, and the things in the indictment were missing; a linen gown and petticoat, a red and white linen gown and petticoat, a pair of stays, three linen shifts, a cloth apron, a muslin apron, a blue sattin cloak, four silver pins, set with stones, a gold ring, a pair of gold ear-rings, a pair of green ear-rings, a black sprig, a black silk handkerchief, a white linnen gown, and a dimothy petticoat, my property. Part of the goods are here; I know nothing who took them. I was in the parlour about eleven in the evening; then the window-shutter was safe, and the things in the drawers.

Joseph Shaw . I am one of the patrol belonging to St. Ann's lower liberty. I believe it was about half past one o'clock that night, I was standing in Union-court, speaking to a watchman. The prisoner came past, and two companions with him; he had this bundle under his right arm. I seized him by the collar, and called for assistance. The watchman hit him on his head, and knocked his hat off: he hit again, and hit my hand; I said, Hold your hand. The prisoner dropped his bundle; one of the men behind him pointed a pistol at me, and said he would fire if I did not let him go. I said, You may fire away. He turned round and fired at one of the watchman; the pistol flashed in the pan, but did not go off. Then a watchman took hold of the other side of the prisoner's collar, and we brought him to the watch-house; the other two got away. One of my fellow-servants picked up the bundle, and brought it after us. As we were carrying the prisoner to the watch-house, he sumbled at his right side coat-pocket. He dropped a piece of iron. I called to a watchman to see in that place if he did not find a piece of iron. He picked up a chissel within a yard of the place where I told him. The prisoner was searched: there was a piece of candle, and a snuff box, he called it, but it was a tinder-box. (Produced in court.)

- Crocker. I am a watchman. I was standing in Union-court, talking to Shaw; that is better than half a mile from the prosecutrix's house. The prisoner came by with a bundle, and two men at a little distance from him; Shaw told him, he should detain him. The prisoner said, The watchman knows me very well, (I black shoes sometimes, and I have blocked his.) After he was seized, the two men that were about six yards behind him, stepped up, and with a great oath, said, they would blow our brains out if we did not let him go. I did not see the pistol. The third man snapped a pistol; it flashed in the pan, but did not go off. We took the prisoner and his bundle to the officer of the night; the other two went away. John Dunstan took up the bundle. Going to the watch-house, near a grocer's shop, we heard some iron fall from the prisoner. We did not stand to look for it then; but we went back to the place, and found a large chissel.

John Dunstan . I was at the end of Cross-street, about half an hour after one. The prisoner came by with a bundle under his arm, and two men followed him. He gave exactly the same account as the other evidences.

Mr. Barrow. I was the officer of the night. This bundle was brought by the watchman with the prisoner, to the watch-house. Producing a purple and white linen gown, a red and white linen gown and petticoat, a muslin handkerchief, a blue sattin cardinal. ( Deposed to by Mary Ann Gibbons, as her property, part of the things that were lost.)

Prisoner's Defence.

I was at my father's house at one o'clock, and never departed from it till past one. Coming along through Union-court, I heard the cry, Stop thief! and somebody fired a pistol. I was so affrighted, whether the watchman knocked me down, or whether I fell down, I don't know. I never had the bundle. One of the men rushed by me: I heard something fall against my leg.

He called James Tulip , who had known him between two and three years; Mary Warren , and Laurence Eade , fourteen years; Jane Backet , thirteen; Thomas Mead , fourteen or fifteen; and William Riley , about five years; who said he was a screw-maker , and they knew no harm of him.

Guilty Death .

306. (M. 2d.) Thomas Gahagan was indicted for making an assault on Charles Portlach , on the King's highway, putting him in corporal fear and danger of his life, and taking from his person an iron tobacco-box, value 3 d. six half-pence, value 3 d. and four shillings in money numbered, the property of the said Charles , March 2 . ++

At the request of the prisoner, the evidences were examined apart.

Charles Portlach . I live in Sun-Tavern Fields, Whitechapel. On Friday the 2d of March, between ten and eleven at night, going home from the top of Cannon-street, by the turnpike, by Radcliffe highway , I was stopped by two men, about 150 yards from the turnpike, on that side towards Sun-tavern Fields. I knew the prisoner by sight before, but did not know his name. The other of them presented a pistol to my head, and demanded my money. The prisoner put a pistol to my left breast, and demanded my money. They took from me 4 s. 6 d. some half-pence, and a Pinchbeck metal buckle out of my right-foot shoe, and an iron tobacco-box. They demanded my watch; I told them, I had none. They searched, but found none. Then they went on towards the turnpike, and I went home. I looked the prisoner full in the face, and knew that I had some knowledge of him. I cannot be positive to the other. I went to Sir John Fielding 's; there were a great many taken up that infested that part of the town. The prisoner was there along with a whole gang of them, five or six under examination. When I came in, I knew him perfectly; I am sure he is one of them. I never found my box or buckle again.

Q. Where had you seen the prisoner before?

Portlach. I had seen him about New Gravel-Lane, Ratcliffe highway.

Prisoner. When I was before the Justice, this man would not take upon him to say I was the person that robbed him.

Portlach. I did swear to him before the Justice. I might say, I did not care to take upon me to be bound over to prosecute; though it is a disagreeable thing, I did, and was bound over. I said, I did not care to be too positive; but I was sure he was the man.

John Pagett . On the 9th of March I had a warrant against William Lewis , that was tried this session, and the prisoner. I took them in Black-horse-yard, East Smithfield, in his own room; there I found two horse pistols, an iron crow, two cutlasses, and two dark lanthorns in a box. ( Produced in court.) One of the pistols was loaded with a ball, the other with slug shot. They were examined the next day; the prosecutor came in and looked on the prisoner, and said, I am sure that is one that robbed me.

Richard Smith . I was at the apprehending of the prisoner; he was just got out of bed, and putting his things on; we broke the box in which we found these tools.

Prisoner's Defence.

I called to see a young fellow that lived in that room; he asked me to stay breakfast; these fellows broke in, and said, they had a warrant against me; then they searched the place, and found these things. I never made resistance, but went with them. I never saw the prosecutor but once or twice in my life; then I saw him at work, or in his own ground. I have people here that can prove where I was at the time he says he was robbed. I was then in Old-street road, at the house of one Newman, a private house. I lodged in Well-street at that time.

For the Prisoner.

Mary Weaver . I live in Old street, in Dog and Pottage-pot-yard. I am the prisoner's sister: he came to see me the 2d of March, between six and seven in the evening. He was pretty much in liquor; he staid with me all that night, till nine the next morning; it might be a quarter after. There is but one house between where I live and the George, before you turn down the court. I lodge at the house of Mr. Newman; I have a room there.

Q. Are you a married woman?

M. Weaver. I am; my husband is abroad.

Q. Did he sit up all night?

M. Weaver. He lay along-side of me; he is my own brother.

Q. Did he ever lie in your room before or since?

M. Weaver. No.

Q. Did you give this account before the Justice?

M. Weaver. They would not let me go in; I went to the door, and they told me, no woman was to be admitted.

Q. When did you hear that the prosecutor was robbed on the 2d of March?

M. Weaver. I never heard till to-day; my brother told me to-day; then I said, I could swear he was at my room that night.

Q. By what do you recollect-that day?

M. Weaver. That day I pulled my ring off my finger, and pawned it for 4 s. at a pawnbroker's in Brick-lane, and set it down on a piece of paper.

He called Mary Bourn , who had known him six years; Samuel Thomas , two years; Francis Kelly and Ann Stanford , three years; who said, he was a sawyer , and was honest, for what they knew.

Guilty . Death .

307, 308. (M. 1st) Joseph Cox and John Deacon were indicted for making an assault on Joseph Phesant , on the King's highway, putting him in corporal fear and danger of his life, and taking from his person a man's hat, value 10 s. and a walking-stick, value 3 d. the property of the said Joseph , Feb. 21 . ++

Jos. Phesant. About two months ago, between eleven and twelve at night, I was going home from Crutched Friars. As soon as I got into George-street , I was knocked down by three men; I do not know whether there were not four. They took my stick and hat; I never got them again. I did not see so much of them as to tell what colour their cloaths were. I called out, Watch!

Mary Wheatley . I do not know the day, it was between twelve and one in the night, I saw the two prisoners and another man come out of George-street; they crossed the way; the evidence was one of them. He stopped me; I said, I had nothing to give him; I would give him a pint of beer if I had any money. After that I heard somebody call, Watch! but I did not know who it was; there was never a watchman upon the stand in the street.

Q. Did you know the three men you saw?

M. Wheatley. I am sure they were the two soldiers at the bar, and the evidence that is here. The prisoners were taken at the Red Lion. I saw them at Sir John Fielding 's (I think) the next day, and I knew them again.

Ann Matthews . I was going to market about three that morning; I called in at Mrs. Eagan's, a public house, the sign of the Hole-in-the wall, Westminster; there were the two prisoners and evidence. Deacon had a sort of a gentleman's hat on his head, and another under his arm, and a stick in his hand. I have seen them before several times in Westminster, and at the Red Lion in the Ambury.

John Davis . I keep a public house, the White Hart, in Strand Lane. I think it was the 14th of February, the two prisoners came into my house; they had a hat and stick with them; they were said to be Mr. Phesant's, but he absolutely said, the hat was not his.

Wm. Alcroy . I was with the two prisoners; we met Mr. Phesant in Great George-street; we stopped him, and took his hat and cane from him. It was on a Wednesday night, I believe it was the 12th of February. He cried, Watch! but said nothing to us. As he was jumping from us, his hat fell from his head; it was a goodish hat. Deacon took it and his came; we then came up as far as the Horse-guards, then went back to the Hole-in-the-wall in Bow-street. We met a woman, her name is Fisher, I believe; and we met Mary Wheatley , close by where we took the hat and came from the gentleman.

Q. How near was she to you at that time?

Alcroy. Within an hundred yards. Then we went to the White Hart in Strand-lane.

Q. What became of the hat?

Alcroy. I don't know whether it was pawned, or not.

Q. Which of you knocked the prosecutor down?

Alcroy. He was not knocked down; he was shoved on one side. He was never quite down; we never a one struck him.

Prosecutor. I was knocked down. My clothes were all dirty; I could not wear them the next day.

Cox's Defence.

I was looked out of my lodging, so I went down to the sutling-house, and met that young woman as I was going.

Deacon's Defence.

I was going with him to lie down both together, as we were locked out.

Both Guilty . Death .

309, 310, 311. (M. 1st.) Edward Holmes , Hannah Riddal , and Eliz. Soddi , spinsters, were indicted for making an assault on Elizabeth, wife of Michael Pever , in a certain field and open place, near the King's highway, putting her in corporal fear and danger of her life, and taking from her person a gold ring, value 5 s. a silk cardinal, value 20 s. a silk bonnet, value 7 s. a silk handkerchief, value 18 d. a cambrick handkerchief, value 9 d. a pair of gold ear-rings, value 8 s. a linen apron, value 1 s. a black quilted petticoat, value 21 s. a necklace, value 1 s. a silk ribbon, value 5 d. a leather pump, value 1 d. a pair of plated buckles, value 3 s. and a pair of gloves, the property of the said Michael , March 25; *

Eliz. Pever . I am wife to Michael. On the 25th of March, I was coming from the Bull Head in Long Ditch, where I had had a pint of beer, between six and seven in the evening. The soldier at the bar came out after me, and said he would see me home. He took me down to the Tilt-yard-cellar, they call it the sutling-cellar, near the park.

Q. Where was you going?

E. Pever. I was going home to Chelsea. He called for a pint of ready-money beer. I told him I had no money; and if he would fac me home, I would make him satisfaction. He sat on one side the table, and I on the other.

Q. Did you know him before?

E. Pever. I never saw him in my life before. He reached over the table and took hold of my hand, and pulled my ring off, and went off. I ran to cry after him; then he pulled off both my cardinals.

Q. Were there not other people in the room?

E: Pever. There were a good many soldiers, and the waiter, and Hannah Riddal ; she was sitting at another table when I came in. I over-took the soldier on the steps. Riddal came and pitied me, and said, O poor woman! Are not you ashamed to use the poor woman so? D - n your eyes, said he; then she took me by one arm, and Holmes by the other. Then Soddi came up, and they all three of them dragged me down towards the iron gate. Riddal quitted my arm, and came and took my ear-rings out of my ears, and pulled my cap about my neck. Soddi took my necklace and ribbon off. Then they took my apron and stays, and my petticoat, a new one. They dragged my poor body about; they cut my lace and petticoat strings; they took one of my shoes and my two buckles, they were plated ones. They mauled and tore my gown to pieces; they left me one shoe, my stockings, garters, and gown, and my cap about my neck. Riddal gave me a drive, and knocked me down, and they all ran away.

Q. Did you not call out?

E. Pever. I did, to the centinel. Then the prisoners d - d my eyes, there was no centinel there.

Q. How cam e you to go with this man which you had never seen before?

E. Pever. He said he would see me safe home.

Q. What do you do for a living?

E. Pever. I take in washing. I had been to see an acquaintance at Westminster.

Q. Did you ever get any of your things again?

E. Pever. I saw my bonnet at Mr. Steel's, a pawnbroker at Westminster, the next morning. He is not here. I never got any of my things again. Holmes was taken upon the Parade the Friday following; the women were taken up last Monday fortnight. Riddal said before the Justice, she had an odd buckle and a broken one; and she met two young fellows, and they made her put my buckles in her shoes, and go and buy a lace, and they laced my stays on her; and she put my clothes on, and went and lay at Bloody-Bridge. Holmes said before the Justice, that I followed him to the Tilt-yard cellar. The waiter was put to his oath; he said, I said several times to Holmes, I wanted to go home; and that he offered my new bonnet for the two pints of beer.

W. Jones. Last Monday was fortnight in the morning, I was carrying a pennyworth of beer from the White Bear, Park-street. The landlord said, there was a soldier taken for robbing a woman who was at Grosvenor Gate. I went there. The prosecutrix was there; she knew me; she was crying for somebody to secure the people that had robbed her. I took her to the Red Lion, Grosvenor Gate; there was Riddal. As soon as she saw her, she said, That is one of the women that robbed me; and cried, and made great lamentation. I told Riddal the consequence of it. She said, D - n it, as I am in the mess, I'll shew you the other, and go along with you. She went with me to the Magazine in Hyde Park, where the other girl was concealed by the soldiers. I went to the gate, and desired admittance. The soldiers were very rude, and refused me admittance at first. When I got admittance, I found her concealed in a hole. As soon as Riddal saw her, she said, That is the girl that was along with her. I brought them both down to Sir John Fielding 's; then Riddal said, she would tell all, and clear herself, as we were going along. She wanted to be an evidence before Sir John; but the prosecutrix swore positively to them all three. He would not admit her. The soldier was in custody a week or ten days before, and came up to be examined. Riddal said, it was not this soldier, but two other men. I never heard the soldier confess any thing.

Holmes's Defence.

I happened to go into a house in the Ambury, where this woman was. I never saw her with my eyes before. I called for a pint of beer; she snatched it up, and gave it to the other woman. I called for another, and paid for it, and went out of the house; she followed me to the Tilt-yard. I was some yards before her; I never kept her company. I got upon the steps, and was talking to a brother-soldier; she followed me, and had like to fell down the steps. I called for a pint of beer, and she came and sat down on the other side the table; then she went into other company, about ten or a dozen soldiers, all strangers to me; there she danced. I never drank with her at all. She went out up by the steps, and three or four soldiers with her. I never went nigh the Park that night.

Riddal's Defence.

I was up in Hyde Park all day long; I am an unfortunate girl of the town. I had had no business all day. We went to a cook's-shop, and had two pennyworth of meat each at night. Coming back, I heard a great cry in the Tilt-yard; there I saw four soldiers round the woman, taking her cloaks from her shoulders; we were afraid to come near them. I went in and got a pint of beer; the woman came in and sat down between seven soldiers. She pulled off her ring, and said to one of the corporals, she would pledge her ring for some money. A person took it up stairs, and brought it down in about a quarter of an hour, and said she should pay a gallon of beer before she had it again. He gave it her; she put it on her finger, and went up the stairs, and came down again, and called for a pint of beer without her bonnet, and her ring was gone. Then I and the girl with me, went out, and up into the Park; I believe it was then near about a quarter after nine. This woman came along, and two men with her; one had a black waistcoat on, and the other a white coat. We were just by the canal-side; one of them drawed a knife upon me, and said, if I did not stand there, he would run it through me to the heart. We did not stir; (that is, me and my partner.) They came by me with a pair of stay, a petticoat, and an apron; I never had them in my hand. They gave each of us a clout on the head, and went away; we both cry'd, and went to the Ambury to bed, at Mother Brown's. I never heard of it till I was going up the Park to see the recruits fire; then the woman came to me and said, I was one of the women that robbed her. I said, Pray call a constable; I'll go with you. Then she began abusing me, calling me all the whores, blasting my eyes and limbs; then we went to the magazine, and took Elizabeth Soddi .

Soddi's Defence.

I never saw this woman but that night in my life. I did not know it was the same woman when she came to ask for me. There were two men held a knife to us, and said, they would run it to our heart, if we did not stand still. I did see them strip the woman, and they came by us with the things.

Wm. Thwait . I am a serjeant in the first regiment of guards; Holmes is in our regiment, and has been five years and a half. I insisted him; he has behaved as a good soldier; I never heard any complaint of him in my life; he was upon duty that night; I don't know that he was off his guard.

All three Guilty . Death .

312. (L. 1st.) David Leman was indicted for stealing twenty-one nutmegs, value 18 d. fourteen ounces of pepper, and one canvas bag, value 6 d. the property of Richard Draper , March 23 . *

Richard Draper . I am a grocer , and live in Bishopsgate-street ; the prisoner had lived with me about seven weeks. On the 23d of March, my md went to make his bed, and came down stairs, and said, she perceived something to rattle in his pocket as his clothes hung up. I went up, and she and Robert Hasledine with me, and found twenty-one nutmegs in his pocket. We smelling pepper, searched in a foul clothes-bag under his bed; there we found the quantity of ground-pepper, as mentioned in the indictment.

Elizabeth Waterhouse , the servant, confirmed this account.

Robert Hasledine deposed he took the nutmegs out of the prisoner's pocket, and saw the pepper found; that when the prisoner was charged with taking them, he owned he did take them, to make a medicine for his cold.

Prisoner's Defence.

How they came there I know not; I am as innocent as the child unborn. My fellow-servants conveyed them there, in order to get rid of me.

Guilty . T .

313. (L. 1st.) George Grasmus was indicted for stealing five yards of printed linen, value 12 s. the property of Nicholas Lee , March 17 . *

Acquitted .

314. (L. 1st.) Alex. Richardson was indicted for stealing 120 lb weight of tobacco, value 5 l. the property of Samuel Guest . It was laid also to be the property of Ralph Clay , March 2 . *

Ralph Clay . I am warehouse-keeper at a merchant's warehouse in the Minories . The warehouse having been robbed, I had men to watch. About five in the morning, on the 2 d. of March, I had notice a man was in the warehouse. I went there; we found a bag of tobacco, and the prisoner's cap, we knowing it (as he had worked for us.) He was taken up. (He is a Black.) He confessed the bag was lent to him by a man in Wapping. There was a hogshead of tobacco open, the property of Mr. Samuel Guest , the same of that in the bag. The prisoner confessed he had dug a hole through the wall with a marling-spike, and had got in, and taken it out, and left it where it was found on the outside. His clothes had mortar dust on them, as if he had just been at work at making the hole in the wall. He confessed also he had robbed the warehouse twice before.

Guilty . T .

315. M. 1st.) William Fenton was indicted for stealing two woollen-cloth coats, value 10 s. the property of John Boddington , and one woollen-cloth waistcoat, value 2 s. the property of George More , April 6 . *

George More . I live in the Minories with Mr. Boddington, a baker . I saw the prisoner in our shop on the 6th of April, between seven and eight in the evening, as I was sitting in a back-room, through a glass door. He took the two coats and my waistcoat, and ran out. I followed him, and took him about thirty yards from our door; he had never been out of my sight. I took him and the clothes back. He said, two boys gave them to him.

Mrs. Boddington. I went after the prisoner, and saw him with the clothes in his hand; the two coats are my husband's. I told the prisoner, he would come to a very bad end. He said, he never was on Justice Fielding's list yet.

Prisoner's Defence.

Two boys hired me for two pence to fetch them clothes.

Guilty . T .

316. (L. 1st.) Jacob Davis was indicted for stealing a linen handkerchief, value 10 d. the property of Charles Long , March 26 . *

Charles Long . On the 26th of March, about nine in the evening, going along Lombard-street , I heard somebody step behind me. I turned round; there was the prisoner. He halted as I did. I went on again; he mended his pace. He put his hand into my pocket, and took my handkerchief out. I took it from him. He had hold of one corner, and I took hold of the other. I was the officer, going to set the watch. I sent for my brother officer, who took charge of him. When at Guildhall, he told me, if I prosecuted him, I should not live to prosecute another.

Prisoner's Defence.

I was going to carry a letter to the post. I did not attempt his pocket.

Guilty . T .

317. ( L. 1st.) Robert Gale was indicted for stealing a linen sheet, value 3 s. a copper tea-kettle, value 1 s. and a stuff curtain, value 2 s. the property of John Gee , in a certain lodging-room , lett by contract, &c. March 5 . *

John Gee . I live in New-street, Black Fryars . On the 23d of Feb. I lett the prisoner a lodging, ready furnished; he continued in the lodging nine days. I missed a sheet when he had been there five days; after that I missed the tea-kettle and curtain. He at first denied having taken them.

Mrs. Gee. The prisoner did not work while he was in the lodging. I went up and missed the sheet first; the Tuesday following I missed the window curtain: I have seen the sheet since, and swore to it, at Mr. Simonds's in Night-Rider's-street. The prisoner owned to me he had taken the goods and pawned them. (The curtain produced and deposed to.)

John Bannister . I am servant to Mr. Simonds. This curtain was pledged at our house by the prisoner the 5th of March. The sheet is at our house; my master thought it too dirty to bring. The kettle is at our house also.

Prisoner's Defence.

My wife pawned the sheet and tea-kettle. After that the curtain was wrapped up in a piece of cloth; my wife desired me to go and pawn it for a shilling, which I did.

Guilty of stealing the curtain only, 10 d. T .

318. (M. 1st.) Michael Holand was indicted for stealing an iron saw, value 4 s. the property of Samuel Carter , March 23 . *

Samuel Carter . I am a carpenter ; the prisoner tells me he is one. On the 23d of March I was at work in Cutlers-hall in Cloak lane. I went to dinner at twelve, and left my saw in the inward room, but nobody was left in the room: when I returned, people told me a man had been in and stole my saw, and he was taken to Guild-hall. I went there, and found my saw and the prisoner. ( Produced in court and deposed to). Here is my father's name stamped upon it. I have the iron here that stamped it.

John London . I saw the prisoner attempt to rob a house in Bow-lane, on which account I watched him, and saw him go into Cloak-lane, and go into Cutler's hall: he staid there about two or three minutes, and came out again, with his coat buttoned up, and this saw under it; the handle stuck out. He ran off and I after him: I catched him upon College-hill. He kneeled down and begged of me to let him go. When he found I would not, he got up and tried to get away. He did get away once, but I got him again. I took him to Guild-hall; there the prosecutor came and owned the saw.

Prisoner's Defence.

The man is here that I was at work for. There was a man in the house; I told the man, if the owner comes before I come again, I will drink a pint of beer with him.

He called John Emerton , Robert Reed , Charles Eaton , and Ratcliff Robinson, who said he was a carpenter , and worked about four years at Black-fryers bridge, and had the character of an industrious honest man.

Guilty . T .

319. (L. 1st.) William Berry was indicted for stealing an ass's skin pocket-book, bound in leather, value 6 d. and a paper book, bound in parchment covers, value 10 d. the property of John Tucker , March 13 . *

John Tucker . On the 13th of March, I was going to the White Horse, Fleet-bridge, to bed, about nine o'clock; just at the corner of Field-lane with Mr. Larking. I felt something at my pocket. I felt, and said I had lost my book. I said immediately, I thought that must be the man (meaning the prisoner); for I saw no other. He was crossing the way with it in his hand: Mr. Larking ran over, and took him by the collar. the ass's skin-book was within side the other. (Produced in court and deposed to). The prisoner denied having it at first, and put it down between his legs.

William Larking confirmed the account he had given.

Prisoner's Defence.

I found it upon the stones: the gentleman asked me if I had a pocket-book. I said, No. I did not know it was his.

Guilty . T .

320. (L. 1st.) Lazarus Livi was indicted for stealing a wooden box, value 6 d. and sixty pounds weight of argoll, value 20 s. the property of Francis Hammond and Daniel Burkett , Feb. 24 . *

Daniel Burkett . Francis Hammond is my partner; we are dry-salters . We live in Cannon-street, No. 3. Argoll is the dregs of less of wine. I know nothing of the robbery.

William Orchard . I am servant to the prosecutor. I was up in the warehouse, stowing some goods on the 24th: about six in the evening I came down to the bottom stair; I thought I saw a corner of a box upon a man's back at the warehouse door below. There was nobody in the shop at the time, nor no light; it was dusk. I went and overtook the prisoner in about one hundred yards, with this box of argoll on his shoulder. (Produced and deposed to as the master's property). I had packed it up, in order to be sent into the country. He flung the box down, and I flung him on his back. When I secured him he swore he never saw or touched it.

Joachim Tco'Lewis. I, the prisoner, and two others, went out a stealing what we could get. The prisoner went into that warehouse, and took a box; there was a man with a white coat came and collared him. and we went away. I was tried here and acquitted last session. (See No. 165, by the name of St. Lewis).

Prisoner's Defence.

I have two children that tumble. I went out with them; a gentleman came to me, and said he would give me a shilling to carry that box for him. I was willing to earn a shilling. I took it, and they came and said I had stole it.

Guilty . T .

321 (L. 1st.) Aaron Emanuel was indicted for stealing a piece of jean, containing twenty yards, value 16 s. privately, in the warehouse of Richard Isherwood , April 17, 1769 . ++

Robert Gordon . I am servant to Mr. Isherwood, who keeps a Manchester warehouse in Bow-church-yard . The prisoner and another Jew came into our shop; I think it was the 17th of April 1769, between six and seven in the morning, under pretence of buying old clothes; as I was shewing some, the prisoner ran away with a piece of white jean from off the counter; twenty yards of it: they bought no clothes. I missed it immediately after they were gone; I went out to see for him; the other was then in the shop. I found the prisoner in the church-yard. I brought him back. He threw the piece down, and got away. I never saw him since till now. (the piece produced in court and deposed to). The other person was kept in the warehouse till my master came down. He was carried before my lord mayor and discharged.

Joachim Too'Lewis . One day I went with the prisoner past this house, along with the other man that was with him. I wanted to go into that warehouse; the prisoner said, Do not go in there, because it is dangerous; this is the house in which I took a piece of white goods, and was taken, and I left the goods and got away. These two men have been concerned with me in several other robberies.

Prisoner's Defence.

I never saw the shop.

Guilty. 4 s. 10 d. T .

322. Mary Mitchel was indicted for stealing a cotton gown, value 8 s. a sattin petticoat, value 5 s. a cloak, a silk bonnet, two caps, and a linen apron , the property of John Manning , Feb. 20 .

The prosecutor was called and did not appear.

Acquitted .

323. (L. 1st.) Ann Abbot , spinster, was indicted for stealing a sattin cardinal, value 8 s. the property of Elizabeth Cooper , spinster, March 15 . ++

Acquitted .

324. (L. 1st.) Ann Doyle , spinster, was indicted for stealing a silk bonnet, value 2 s. and a linen cap, value 1 s. the property of Dorothy Harwood , spinster, March 24 . *

Acquitted .

325. (L. 1st.) Robert Jackson was indicted for stealing a silver watch, value 3 l. a pair of silver shoe-buckles, value 10 s. a silver seal, value 1 s. a glass seal, a knife, a quarter guinea, and ten shillings in money, numbered, the property of John Barlow , in the dwelling-house of Ann Hatton , widow, April 19 . *

John Barlow . I live at Mrs. Ann Hatton 's, at the Woolpack, a public-house in Thames street . I am a tidesman belonging to his Majesty's customs. On the 18th of this month, there was a large piece of beef dressed on account of Mr. Alderman Wilkes's enlargement. I saw the prisoner in the kitchen about eight; he was helping Mrs. Hatton and the maid to spit the meat. He had had a quarrel with his uncle, who is of the same employ as I am. I indulged him to let him lie in my bed for three or four nights, and I lay out of it myself. I had lent him a cane the Sunday fortnight before: when I saw him below, I asked him for it; he said he would go and get it: he went out; I saw no more of him that day. I went out, and returned about eight at night. I asked if they had seen the prisoner: I was told he had been there, but was suddenly missed. I went to bed, and the next morning I awaked about six. I missed my watch, my money out of my left-hand breeches pocket, a quarter guinea and ten shillings: my keys were gone, and my drawers open; my silver buckle out of my shoes. I alarmed Mrs. Hatton: she and her sister got up; we went down stairs, and found the door was left upon the slip-lock; three bolts were left undone. I had heard a bad character of the prisoner; I suspected him. I went in search of him, and found him in a boat along-side a vessel, about eight o'clock that morning. I took him, and brought him home, and sent for an officer, and brought him before my lord mayor. I found one buckle, one seal, and the knife upon him there. He confessed my watch was on board the Nelly, James Smith , master: the vessel was set sail. He had been on board, as Captain Smith told me.

John Sand , the constable, deposed to the finding the buckle, knife, and seal upon him, and the prisoner owning the watch was on board the ship.

Prisoner's Defence.

I went out of the house between eight and nine o'clock, at candle-light, and never came there till I was brought there.

Guilty. 39 s. T .

326, 327. (L. 1st.) Peter Carne and Robert Wilson were indicted for stealing a bar of iron, weight eighty pounds, value 30 s. the property of William Willson , March 2 . *

David Evans . Mr. Willson has a warehouse at the Steel-yard , where the iron was stole about six weeks ago, about a quarter after five in the morning. I was at Trigg-stairs: I saw the two prisoners; each of them brought two bars of iron. I followed them to St. Paul's wharf: they pitched the iron there, and went in and called for a pint of beer. I went to the iron, and turned it about, to see if there was any mark upon the bars. One of them asked me what I did with it; I told him, I thought it was very heavy for them to carry. I asked where they were going to carry it; they said to one Gibbs, an ironmonger in Smithfield. I asked where they brought it from; they said from Mr. Wilson's, at the Steel-yard. We followed them to St. Paul's church-yard; then one of them beckoned to us, and said, If we would be peaceable and quiet, they would sell the iron, and divide the money among us. They pitched the iron there; it wanted then about a quarter to six. We followed them to Smithfield: then the young fellow that was with me, went forward and found Mr. Gibbs, to ask him if he had so much iron coming to his house at that time in the morning. They were not up; he rang at the bell: the maid looked out, and said her master was getting up. The servant came down first: the master came down by the time the men came with the iron; they pitched it against the window, and knocked at the door. The young man asked Mr. Gibbs if the iron was coming to his house; he said he knew nothing at all about it; he kept a cart and three horses to fetch his own iron home. They sent for a constable and took the prisoners before my lord mayor.

Alexander Steward . I came over the water with a lighter that morning. Going by Paul's wharf I saw Evans; he called to me, and said, there were two men he thought stealing some iron. I turned round, and saw two men drinking and swearing one to another. I saw four bars of iron against the wall. I asked them where they were going with it; they said to Mr. Gibbs's in Smithfield. I asked them where they brought it from; they said from Mr. Willson's wharf. We followed them. (The rest as the other evidence had deposed before.)

Thomas Petty . The iron that was found on the two prisoners had Mr. Willson's two first letters of his name, and the captain of the Ship's it was imported in. I saw it at Mr. Gibbs's in Smithfield about an hour and a half, or two hours after. The prisoners were taken in custody. Mr. Gibbs shewed it me.

The prisoners, in their defence, said they found the iron as they were going to work.

Both guilty . T .

328. (L. 1st.) Margaret Swinny was indicted for stealing a looking-glass, in a wooden frame, value 10 s. the property of Joseph Rose , April 12 . *

Ann Rose . I am wife to Joseph Rose ; he is a cabinet-maker , and lives in Bartlet's-buildings . We lost a looking-glass on the 12th of April, and never saw it since. I saw it about a quarter of an hour before it was gone, between four and five in the afternoon. It stood upon a writing-desk, about four yards within the door.

Wil. Richardson. I shall be sixteen years old in June; I am apprentice to Mr. Rose. The prisoner used to black shoes for my master by the quarter, and would come in two or three times a day to ask how he did since he has been ill. She came in on that day, and went into a little room and lighted her pipe. She knocked with the heel of her shoe; nobody came: then she came a little farther: then she knocked again with her foot against the ground, to see if any body would come. She looked about, and saw nobody there. She took a looking-glass, and put it under her apron. I was behind a post, where I had used to hide myself, to jump out on a sudden to make her start when she has come in. She could not see me, but I could her. She went out with it.

Q. Why did you let her go out with it?

Richardson. I was rather frightened; and I thought I had better go back and call my fellow apprentice to be in the shop, before I went out: after he came, I went out to look for her, and, in about an hour after, I found her in Chick-lane, by Blackboy-alley, just come out of a public house where her daughter was. I said to her, my mistress wanted her: then she came a little farther. I asked her if she had not been in our shop; she said, Yes. I asked her if she had not taken a glass away; she said, No, she did not.

Prisoner's Defence.

Mr. Rose is a quarterly customer to me. I went into the shop to ask how he did; nobody made answer: then I came out again, and went directly to Hatton garden, to deliver a pair of shoes. Then I went down and asked my daughter if she knew how Mr. Rose did: I met this lad at the door: he said, Mistress wants you; I said, I'll come directly; then they charged me with a constable. I don't know no more of the thing than this bit of green leaf that lies here.

Guilty . B . Imp .

329. (L. 1st.) George Wartin was indicted for stealing a cloth gown, belonging to the livery of London, value 20 s. a linen shift, a petticoat, a pair of leather breeches, and a tin candle box , the property of Thomas Charles , April 14 . *

Eleanor Charles . I am wife to the prosecutor; we live in Wormwood street . On the 14th of this instant, my maid had just done scowering the stairs; she saw a boy upon the stairs; he called out, Tom, what business have you up stairs? I had a candle by me, which occasioned my not seeing him. He went out. A man ran out, to see if he could catch him, and in the mean time my maid and I went up stairs. We found the prisoner concealed in a two pair of stairs room, behind a folding-board and a horse, on which were some stockings; he lay round like a dog; I could see nothing but the soles of his shoes; this was about seven in the evening. Our servant, William Smith , went up with us; he laid hold of him. The things laid in the indictment ( mentioning them ) were found on the stairs going up, about five stairs up, which were taken from a little place which I call my store-room; they hung about six feet high; the little boy could not have taken them down. The prisoner said, he came to enquire for one Mr. Jones, a watch-finisher. There were people enough to have informed him, had he asked. There is a back-door to come in at, by which the boy and he must come in. The prisoner begged for mercy at first, and after that he behaved very insolently to every one that came near him.

Sarah Beecham . I am servant to the prosecutor. I saw a little boy come down stairs; he might be about twelve years of age, by his size. I had left the livery-gown and other things, not a quarter of an hour before, safe in the room; they were found dropped on the stairs as we went up. I saw the prisoner concealed behind the things. He was asked how he came there? He said, he came to enquire for one Mr. Jones, a watch-finisher. He begged for mercy.

William Smith . The prisoner begged for mercy, and said, it was the first time he ever was catched in any body's house.

Prisoner's Defence.

I went up to enquire for one Mr. Jones, a watch-finisher.

Acquitted .

He was detained to be tried for being concealed in the house, with intent to steal the goods. See him an evidence against Lister and Pemberton, for a highway robbery, No. 489, 490, in Mr. Alderman Turner's mayoralty.

330. (L. 1st.) Margaret Frazer was indicted for stealing a piece of lawn, containing eight yards, value 17 s. the property of John Ramsden , April 11 . ++

John Ramsden . I live at No. 83, at the bottom of Holborn Hill , and am a linen-draper . On the eleventh of this instant I was at dinner; my servant came to me, and told me a woman had taken a piece of lawn that was in the shop. I bid him make himself easy, and let her go out of the shop. She had bought half a yard, and paid for it. I came into the shop; she went out. I sent him to fetch her back; she came back. I said, she had a piece of lawn, and I should search her: she said, I should not. I took my staff out of my pocket, and told her I was a constable; then I saw her let it drop from under her clothes by her feet. (Produced and deposed to.) Here is my mark upon it; it cost me 2 s. 2 d. per yard; here are eight yards of it.

Joseph Cotton . I was up stairs; the boy was serving the prisoner. I came down unperceived by her, and saw her take the lawn from the counter, and put it under her cloak. I went up and told Mr. Ramsden of it. After she was gone out about half a score yards, I went and brought her back, and saw her drop it from under her cloak.

Prisoner's Defence.

I touched none but what I bought and paid for.

She called Darvin Walker, a victualler, in East Smithfield, John Gowen , Jennet Emm, Robert Low , and Rose Riley, who gave her a good Character.

Guilty . T .

331. (L. 1st.) Dorothy Baker , widow, was indicted for stealing a silver watch, value 3 l. the property of John Delling , March 17 . *

John Delling . I am a carpenter . On the 17th of March I was drinking with a young man, at the Peacock on Addle Hill . He went away; I called for a fresh pint. I looked at my watch at eleven o'clock, and staid about a quarter of an hour after. There was a woman drank with me. I pushed her away. She wanted to take my handkerchief; I strove to get it from her, and a man came and struck me. I got it, and tyed it about my neck. After that I missed my watch; I charged her with it, and wanted to search her. They said, I should not see her searched; it was not decent. Then Mr. Quick, the landlord, said he would search her. He came out, and said he had searched her naked, and could not find it. Then they said, I had no watch, and called me a good-for-nothing fellow. Then the landlord said, I had dropped it in the necessary. I insisted upon all being searched; but they would not stand search. I went to look in the necessary; when I returned, the landlord said, it was safe enough. I went home and enquired after it, on the Monday, Tuesday, and Wednesday. Then I went to the sign of the Sun on that same hill, for a pennyworth of purl; the landlady there said, I should find it out by-and-by. The next day I was sent for, and told, a person pretended to have found it. He directed me to a pawnbroker where the prisoner had pawned it. I went to the pawnbroker and asked for it; he told me, I should not see it. I got a warrant, and took the prisoner up, and had her there; then my watch was produced. I know she was at the alehouse that night.

Sam. Rowland . I was waiter at the house. On the 17th of March I know the prisoner was there. I know the prosecutor had his watch that night at eleven o'clock; and the prisoner was standing at the next box to where he was. It was one Bet. Fennel that took the handkerchief from him.

John Bannister . I am servant to Mr. Simonds, a pawnbroker, in Knight-rider-street, Doctors-Commons. The prisoner pawned this watch with me for half a guinea, on a Saturday night, and on the Monday following she came and had half a guinea more. She came after that, and wanted more; we would not let her have more: The prosecutor came on the Tuesday following, and enquired after it; we did not shew him it, because he said, it was not stole; but when he brought the warrant, we produced it. (Produced and deposed to.)

Prisoner's Defence.

I found the watch upon the Hill. I was not in the house the time it was lost.

For the Prisoner.

Robert Roberts . The prisoner lives upon Addle-Hill; she fists cinders, and buys old rags . I was in the public house at the time; I do not think the prisoner was there.

Q. Will you say she was not there?

Roberts. I will not.

Villers Broome . I keep a shop in the Fleet-Market; I buy rags and old iron. I have dealt with her; I never found to the contrary but she was honest.

Guilty . T .

332. (L. 1st.) James Powell was indicted for stealing a wooden box, value 1 s. and twenty yards of sattin, value 5 l. the property of John Waters , April 24 . ++

John Waters . I am a King's officer belonging to the customs . I am stated as noon-tender in the port of London; my duty is from one to three, while they go to dinner. On the 24th of April I had this box in charge; it being of great value, I sat by it on the key. I had also some wine under my care. I saw some men get round the wine. I went towards it; I turned round, and saw the prisoner taking this box away. I ran after him, and he was taken going out with it into Thames-street. There were in the box two pieces of flower'd sattin; had it been lost, I must have made it good; it belonged to the Russian ambassador. It was landed, and had been opened by the land-waiter.

Hugh Spencer . I stopped the prisoner with the box on his shoulder as he was going through the passage, about forty yards from the key.

Prisoner's Defence.

I was coming along the key; there was a man in a blue coat, asked me to carry the box; I asked him, Where? He said, I must follow him. I took it. He saw them stop me, and he set off in Thames-street.

Guilty . T .

333. (L. 1st.) Joseph Higginson was indicted for stealing a linen handkerchief, value 3 d. the property of a person unknown , March 6 . ++

John Ramsden . We are much infested with pick-pockets on Holborn Hill; I being a constable, I saw the prisoner and two others, between the King's Arms and the Swan. We watched them. The prisoner took a gentleman's handkerchief from his pocket. He was laid hold on, and I saw him throw the handkerchief up against a house. I followed the gentleman, and told him his pocket was picked. He came back and looked at the handkerchief, and said, it was his own. When we got back to the end of Shoe-Lane, there were no less than (I believe) fifty; one said, D - n you, you shall not take him; another said the same. I was struck by three of them together. Mr. Bell, another constable, and several other people, came to my assistance, and we got the prisoner into a shop; had not assistance came, I had been used very ill; I know not but I had lost my life in attempting to secure him; but Mr. Bell and I determine if possible to break the knot of them.

William Rouse. Mr. Ramsden and I were standing together at Mr. Bell's door. I saw the prisoner pick a gentleman's pocket.

Prisoner's Defence.

As I was going up the hill, there was a heap of boys and men; a person ran away, and they said, I picked a man's pocket.

Guilty . T .

334, 335. (L. 1st.) Napthali Dear and Tho. Jesson were indicted, the first for stealing two pieces of timber, value 10 s. the property of William Jones , and the other for receiving the same, well knowing them to have been stolen , March 6. ++

William Jones . I am a carpenter , and live on Lambeth Hill . I lost two pieces of fir timber, about seven inches square, and thirteen feet long; they stood within my yard; I have a back-way to the yard. One of my men saw them there the day before they were lost; they were lost the 6th of March, we found them the next day at Jesson's; he said, he bought them of the other prisoner. We took Dear up; he said, Jesson should go with him if he was transported. He did not deny taking them.

Sam. Miller . I am servant to Mr. Jones. On the 6th of March, between ten and eleven at night, I saw two men take the two pieces of timber away. I followed them to a court at the upper end of Thames street. I did not know them, and we found them the next morning at Jesson's. Dear confessed he was one of the men; and Jesson said, he bought them of Dear. There were near twenty feet in all of it.

Dear's Defence.

One Edmonds brought it to me, and desired me to carry one piece for him.

Jesson's Defence.

I bought the timber of Dear, and paid him two shillings in part, and was to pay him the rest the next day. I am no judge of timber.

Jesson called five people, who gave him the character of a very honest poor man.

Dear Guilty T .

Jesson Acquitted .

336. (L. 1st) William Fielding was indicted for stealing two yards of linen cloth, value 4 s. and a linen apron, value 5 s. the property of Thomas Goodenough and Robert Taylor , Jan. 12 . *

Acquitted .

(L. 1st.) He was a second time indicted for stealing six yards of incle, called silk and incle, ten yards of blond lace, and six silk handkerchiefs, val. 6 s. the property of Obadiah Lagrew , and Peter Delavan .

Acquitted .

The following capital convicts received his Majesty's most gracious pardon on the following conditions.

Transportation for seven years.

John Hinemarsh , capitally convicted in September Sessions, 1769; Mary Davidson , in Oct. 1769; John Randal , in Dec. 1769.

Transportation for fourteen years.

Judith Baldwin , John Creamer , Wil. Sykes , in May Sessions, 1769; Daniel Strutt , in July, 1769; John Stafford , Abraham Peters , in Sept. 1769; William Clark , George Crowder , John Simonds , in October, 1769; Richard Carter , in Feb. 1770. Richard Loft , in Jan. 1770, died in Newgate.

Transportation during their natural lives.

Jonathan Hall , in Jan. Sessions, 1769; Mary Harris , Louisa Smith , John Abraham , otherwise Abrahams, in May, 1769; John Priest , Ann Claxton , otherwise Underwood, Sarah Haycock , John Hill , John Watson , otherwise Wil. Davis; in Sept. 1769; Andrew Kendrick Langreen , James Fisse , Wil. Tray , in October, 1769; Christopher Bushy , Benj. Jones , John Lister , Isaac Pemberton , in January, 1770; Joseph Nichols , William Warrecker , Mat. Kennedy , in February, 1770.

Benjamin Millison , otherwise Johnson, and Joseph Jervis , capitally, convicted in Feb. sessions, were executed on Thursday the 10th of April.

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

Received sentence of death, thirty.

James Lee , William Garnan , Sarah Page , Catharine Goodwin , Mary Alloway , Eliz. Talbot , William Lewis , Tho. Bevan , Sam. Clark , John Green , John Parker , Charles Chatterly , James Newland , John Munro , Thomas Gahagan , William Ogilvie , Shepherd Strutton, John Wood , Thomas Fordham , Thomas Bowers , James Newman , John Kellyhorn , Joseph Cox , John Deacon , James Ford , otherwise Dunn, William Miller , Tho. Crookhall , Edward Holmes , Hannah Riddal , and Eliz. Soddi .

Transportation for fourteen years, one.

Peter Graham .

Transportation for seven years, forty-five.

Robert Watson , Peter Batchelor , Edward Berry , William Taylor , Eliz. Lappington , Sarah Ellis , Mary Wheatly , John Linney , Richard Tomlin , William Butler , Francis Comfort , otherwise Comford, Jane Brown , James Rider , William Simms , Samuel Lawson , John Bennet , John Brown , John Collins , John Edwards , otherwise Howard, Eliz. Richards , Henry Taff , David Lemon , Alexander Richardson , William Fenton , Jacob Davis , Robert Gale , Michael Hyland , William Berry , Laurence Levi , Robert Jackson , Peter Carne , Robert Valvin , Joseph Green , Abraham Myer , otherwise Meal, John Armond , Thomas Welch , Thomas Bird , Robert Dixon , Thomas Milston , Napthali Dear , Aaron Emanuel , Margaret Frazer , Dorothy Baker , James Powell , and Joseph Higginson .

Branded, three.

Ann Mashwell , William Freeman , and Margaret Swinney , the last imprisoned a month in Newgate.

Whipped, four.

George Roberts , Charles Hooper , John Stark , and Mary King .

The following capital convicts received his Majesty's most gracious pardon on the following conditions.

Transportation for seven years.

John Hinemarsh , capitally convicted in September Sessions, 1769; Mary Davidson , in Oct. 1769; John Randal , in Dec. 1769.

Transportation for fourteen years.

Judith Baldwin , John Creamer , Wil. Sykes , in May Sessions, 1769; Daniel Strutt , in July, 1769; John Stafford , Abraham Peters , in Sept. 1769; William Clark , George Crowder , John Simonds , in October, 1769; Richard Carter , in Feb. 1770. Richard Loft , in Jan. 1770, died in Newgate.

Transportation during their natural lives.

Jonathan Hall , in Jan. Sessions, 1769; Mary Harris , Louisa Smith , John Abraham , otherwise Abrahams, in May, 1769; John Priest , Ann Claxton , otherwise Underwood, Sarah Haycock , John Hill , John Watson , otherwise Wil. Davis; in Sept. 1769; Andrew Kendrick Langreen , James Fisse , Wil. Tray , in October, 1769; Christopher Bushy , Benj. Jones , John Lister , Isaac Pemberton , in January, 1770; Joseph Nichols , William Warrecker , Mat. Kennedy , in February, 1770.

Benjamin Millison , otherwise Johnson, and Joseph Jervis , capitally, convicted in Feb. sessions, were executed on Thursday the 10th of April.

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

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