Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 24 July 2014), October 1770 (17701024).

Old Bailey Proceedings, 24th October 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 24th, Thursday the 25th, Friday the 26th, Saturday the 27th, and Monday the 29th, of October, 1770.

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

NUMBER VIII. PART I. for the YEAR 1770.

LONDON:

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

THE PROCEEDINGS ON THE

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

BEFORE the Right Honourable BARLOW TRECOTHICK, Lord Mayor of the City of London; Sir RICHARD ADAMS , Knt. one of the Barons of his Majesty's Court of Exchequer*; the Hon. HENRY BATHURST , one of the Justices of his Majesty's Court of Common Pleas +; THOMAS NUGENT , Esq; Common Serjeants ~; John Hyde , Esq; || and others of his Majesty's Justices of Oyer and Terminer, of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

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

London Jury.

William Haller

John Hiller

Benjamin Burnley

James Chapman

Benjamin Simmonds

Charles Copland

Thomas Bushell

Jasper Middleton

Jabez Read

George Beardsell

Thomas Penny

John Davis

Middlesex Jury.

Joseph Walker

John Bartholomew

Edmond Goodman

* William Fillingham

John Payne

Thomas Bradshaw

Coverdale Richardson

Luke Alder

Joseph Langser

Edward Cale

Robert Geary

* James Exeter

Robert Buttery and William Adams served part of the time in the room of William Fillingham and James Exeter .

627. (L.) Abraham Maltah was indicted for stealing 24 lb. of opium, value 10 l. and 20 lb. weight of cassia, value 5 l. the property of John Labrow , Sept. 21, 1769 . ~

John Labrow . I am a druggist and chemist ; the prisoner came to my house on the 21st of Sept. 1769, and told me he wanted some cassia and some opium for a customer, and wanted me to give him credit for them, which I refused. I told him I would send the goods to the person they were for by my servant; he at last agreed to that. When I made out the bill of parcels I asked him the name of the person the goods were for: he would not tell me; he said if he told me I might get his customer away from him. I made the bill out in the prisoner's name. I called my man aside and ordered him not to deliver the bill or the goods to the prisoner or any body without the money.

Howson Edwards. I am servant to Mr. Labrow. The prisoner came to our house on the 21st of Sept. 1769, he said he had got a customer for some cassia and opium, and wanted my master to trust him, which he refused. My master said he would not send the goods without his man went with them, which, after a great many words, he agreed to; the goods were made up, and I was sent with them. My master gave me the bill of parcels, and ordered me not to part with it without the money. I went with him; when we came into Fore-street or Moorfields he said he had some more goods at his lodgings that was to go to the person that these goods were for, and that he must carry them at the same time; he said if I would go with him to his lodgings he would get a porter that should take them all. I went with him to his lodgings in Still-yard or Still-alley Houndsditch; the goods were put down, he went to fetch a porter, he came back in about half an hour, and said he could not get a porter; he asked me to go with him to get a porter. I asked him if the goods would be safe there; he said yes, so I went with him. He took me to several public houses to see for a porter; at last he bid me wait at the door of a public house for him, that he would be out in a minute. I waited about five minutes, and as he did not come out of the house, I began to suspect him; I went back to his lodgings, and the goods were gone.

The prisoner in his defence said that he had dealt with the prosecutor many years, that he bought the goods of him upon credit. He called Sarah Bristow , who had known him many years, and gave him a good character.

Guilty T .

628, 629, 630. (M.) Elizabeth Clinch , Ann M'Daniel , and Mary Brown , spinsters , were indicted for stealing ten yards of lawn, value 4 s. the property of Ann Viguers , Sept 28 . +

Ann Viguers. I live in Russel Court . I keep a linen-draper's shop . On the 28th of September, about ten in the morning, M'Daniel and Clinch, came into my shop and asked to see some lawns. I shewed them several pieces; they bid me less than they cost me, and that made me suspect them. In about three minutes time Brown came into the shop, she took no notice of the other two, not they of her, She asked to see some genting handkerchiefs; I shewed her some, then the other two prisoners went out of the shop, and Brown followed them; they were just gone out of the door when Mr. Lucas brought them back into my shop, and he brought a piece of lawn in his hand. (The lawn produced and deposed to.) I took down this piece of lawn to shew the prisoner. Here is my mark upon it. They all begged for mercy.

John Lucas . I am a linen-draper, and live near York-street, Covent Garden. On the 28th of September, in the morning, the prisoners Clinch and M'Daniel came to my shop and asked to see some lawn. They bought a quarter of a yard. I watched them very narrowly, as I had a suspicion of them; and when they went out Mary Brown joined company with them. They all three went together towards Russel-court; I went after them. I went into a shop opposite to Mrs. Viguers's; I saw them come out at the door, and before they had got any distance from the shop, I went and laid hold of M'Daniel. I took this piece of lawn from under her cloak. I took them all back into the shop. M'Daniel and Clinch begged for mercy, but Brown was very abusive, and threatened me for detaining her.

M'Daniel's Defence.

As I came out of Mrs. Viguers shop, I saw the lawn lying upon the ground. I was going to carry it into the shop, when Mr. Lucas took hold of me.

Clinch's Defence.

I went into the shop to buy a genting handkerchief; I disputed with the prosecutrix for a penny. She asked 18 d. I bid her 17 d. I was going to have it cut off when this gentleman came into the shop.

Brown's Defence.

I am as innocent as the child unborn.

M'Daniel called Jane Finney , who had known her four years; Ann Bell two years, and - Carrell two years. Clinch called Mary Thomas , who had known her three years; Alice Medway ten months; Ann Money eight or nine months, who gave them a good character.

Clinch and M'Daniel Guilty . T .

Brown acquitted .

631, 632. (M.) James Conroy and William Henley were indicted for breaking and entering the dwelling-house of Thomas Hemmings , on the 14th of July , about the hour of ten in the night, and stealing one gold watch, value 8 l. one watch with the inside case gold, the outside case shagreen, value 7 l. two cloth waistcoats laced with gold lace, value 30 s. one silk waistcoat laced with silver lace, value 4 l. one silk waistcoat, value 3 s. one linen waistcoat, value 4 s. one pair of leather breeches, value 6 s. one pair of silk breeches, value 5 s. eleven linen shirts, value 9 l. three pair of linen sheets, value 3 l. a steel hanger with an ivory handle, value 5 s. a mahogany watch stand, value 2 s. a pinch beck watch, value 3 l. one yard and a quarter of silk, value 20 s, and a cloth waistcoat, value 3 s. the property of James Clements , in the dwelling-house of Thomas Hemmings . +

James Clements . I have lodgings at Mrs. Hemmings's, who is a watchmaker, and lives at the corner of Air-street, Piccadilly . There is a room in my apartments that looks into Piccadilly, and two other back rooms that look into Air-street. I was in the back room till eight o'clock at night on the 14th of July, when I went into the fore room, where I staid some time. I locked the door of the back rooms when I went out about nine o'clock; I walked in the park for some time, and then went to the Gun Tavern , where I supped and staid till about eleven o'clock. My landlord let me in when I came home; I went up stairs, and when I put the key into the lock I found it would not turn; upon trying the latch I found the door was unlocked. I am certain I locked it when I went out. As soon as I opened the door I observed that the inside shutters to one of the windows were opened, which I am sure was shut when I went out; this made me suspect somebody had been in my room. When I went a little farther into the room I trod upon some cloaths; this frightened me, and I ran down stairs to Mr. Hemmings for help. We got a candle and went up stairs; I found the lid of my trunk open, out of which were stolen four waistcoats, two pair of sheets, two scarlet cloth waistcoats, a silk waistcoat, mazarine blue, trimmed with silver, a sattin waistcoat with the lace taken off from the flap of the pocket, a linen waistcoat and a pair of leather breeches. I found a drawer open in my chest of drawers, out of which were taken eleven shirts and a pair of sheets; from the chimney-piece was taken a metal watch and a stand in which it stood; from my bed-room, which was an inner room that went out of this, I missed two gold watches that hung by the side of the window, and a hanger that hung near the watches. Henley is a shoemaker; he had been in my room, and seen me open my trunk; he made my shoes; I knew nothing of Conroy. I applied to Sir John Fielding ; I had hand-bills printed, and advertized it in the papers, but I had no intelligence of the robbery till about eight days afterwards, when I went to enquire for Henley, to get some spur leathers of him, when I was told Henley was in the Poultry Compter; still I did not suspect him. But in the evening of the same day I saw one Garridge, a Jew; he told me that he believed my things were found. I went to Sir John Fielding 's; there I saw the two prisoners; when I saw Henley I asked him how he did; he said he came there upon my affair. I said are you the man that robbed me? He said no; but, pointing to Conroy, he said this is the man I had the watch of. From the prisoner's information I went to several pawnbrokers, where I found different parts of my goods.

Thomas Hemmings . Mr. Clements went out between eight and nine the evening he was robbed, I can swear that these watches are Mr. Clements's property.

Mark Garridge . On Sunday the 22d of July in the afternoon, as I was standing at my door in Duke's Place, the two prisoners came up to me and asked me if I knew one Solomans, a Jew; I told him there were a great many of that name. They proposed to go to an alehouse to drink, which I did. Henley asked me if I would buy a gold watch. I told him I should like to see it, and made as if I would buy it. They said they had not the watch with them, but they would bring it at nine o'clock to me at the Mitre in Duke's Place; they came accordingly at nine o'clock. We went from there to the Blue Boar, in Camomile-street; we went into a private room, and there Henley pulled out the plain gold watch, and offered it me for 7 l. I bid him six guineas for it. (I had no intention to buy them because I suspected they had stolen them ) they said they would take six guineas; then Conroy pulled the other watch out of his pocket, and offered it for sale; he asked me six guineas for it. I asked them how they came by them; they said they did not expect I should have asked them such a question. They said they had some laced cloaths at home to dispose of. I told them I had not money about me to pay for the watches, but I would go home and fetch the money. I went to one Pagett, a constable, for assistance; Pagett staid at the door while I went into the house. I asked them to let me look at the watches again; Henly gave me one of them; I said I would stop them and the watches. Paget came in and took the watch from Conroy.

John Pagett . Garridge came to me, and told me he suspected the two prisoners, and asked me to go with him to the house where they were, in Camomile-street; I went with him. When I went into the room, Garridge said there are your prisoners; upon that they started out of their chairs. I searched Henly, and took the plain gold watch out of his pocket; it was without the outside case; Garridge had the outside case in his hand.

Q. to Garridge. I thought you said Pagett took the watch out of Henly's pocket.

Garridge. Yes.

Q. What, the watch complete with both the cases?

Garridge. Yes.

Q. to Paget. You hear Garridge says you took the whole of the watch from Henly?

Paget. He is mistaken in that; I went afterwards to the prisoner's lodgings, and there I found this watch stand (producing it) but there was no watch in it then. When they were before Sir John Fielding Conroy said if Sir John would admit him an evidence he would discover every thing; and he told Sir John where he had pawned several of the things. Conroy said Henly was innocent of any theft, that he only went with him to sell the watches, with which he was to pay Henley some money he owed him.

James Bruin . I am a pawnbroker, and live on Snow-hill; I took in the mazarine blue waistcoat, laced with silver, of Conroy, on the 14th of July, about ten at night. He spoke to me in very broken English, and asked me to let him have two guineas upon it. I supposed him to be a foreigner; I had a good deal of difficulty to understand him. I offered him a guinea and a half; he would not take that; I lent him 34 s. I asked him his name, he told me something like Dyane. I asked him where he lived; with some difficulty I understood it to be somewhere near the Seven Dials.

Q. Are you certain the prisoner is the same man that brought you the waistcoat?

Bruin. I am certain he is the man.

Joseph Paterson . I am a pawnbroker, and live in the Fleet-market; I took in the green and the black waistcoat of somebody, but at this distance of time I cannot tell who. (The goods produced in court and sworn to by the prosecutor.)

Conroy's Defence.

I bought these goods of one Rossinberg; I sold him a large parcel of shoes and boots. When I carried them home he had no money to pay me, but he said that he had got these goods; and if I would take them I should have them cheap. I said they did not lay in my way, but as he had not got cash I would take them. I agreed with him for 31 l. my bill came to 25 l.

Henly's Defence.

Conroy owed me 3 l. 12 s. 6 d. I asked him for the money, he said he would pay me at two or three different times. He came to my room on Sunday evening, and he brought a trunk, which he desired me to take care of as there was no lock to the garret door. He told me if I would go with him to Duke's Place to sell a watch he would pay me my money, I asked him how he came by it; he said he bought it of Rosenberg. I went with him to Duke's Place to sell it in order to get my money.

Conroy called George Plan , who had known him three or four years; Charles Swain about nine months; John Tyrrel between three and four years; Humphry Bright eighteen months; and Joseph Smith five years, who all gave him a good character.

Henly called Samuel Beecroft , who had known him eight months; and - Morgan three or four years, who all gave him a good character.

Both acquitted of the burglary, guilty of stealing only . T .

633. (L.) John Aldridge was indicted for stealing 36 lb. weight of moist sugar, value 9 s. the property of persons unknown, Sept, 28 . ~

Acquitted .

634. (L.) Thomas Day was indicted for stealing 15 lb. weight of moist sugar, value 5 s. the property of persons unknown, Oct. 11 . ~

Acquitted .

635. (L.) Grace Eaton , spinster , was indicted for stealing 6 s. in money numbered , the property of William Stevenson , Oct. 11 . ~

Guilty , T .

636. (L.) Joseph Brookfield was indicted for stealing one linen handkerchief, value 6 d. the property of George Perkins , Oct. 14 . ~

Guilty T .

637. (L.) Thomas Child was indicted for stealing a silk handkerchief, value 3 s. the property of Charles Ricks , Sept. 28 . ~

Acquitted .

638. (M.) James Fleming was indicted for stealing two linen sheets, value 20 s. the property of Caleb Jones , being in a certain lodging room, let to the said James by contract , August 11. +

Acquitted .

639. (M.) Susannah Lee , spinster , was indicted for stealing two stuff petticoats, value 5 s. one linen gown, value 5 s. one crape gown, value 5 s. one black bonnet, value 5 s. one pair of stuff shoes, value 1 s. and one linen apron, value 1 s. the property of Ann Miller , August 26 . +

Acquitted .

640. (M.) Charles Burton was indicted for breaking and entering the dwelling-house of Thomas Alston , on the 18th of October , about seven in the night, and stealing two linen tablecloths, value 10 s. one linen apron, value 1 s. one linen handkerchief, value 3 d. and a pair of linen sleeves, value 6 d. the property of Thomas Alston , and one pair of laced linen sleeves, value 12 d. the property of John Guest , in the dwelling-house of Thomas Alston . *

Thomas Alston . I am a taylor , and live in Albemarle-street, Clerkenwell . On the 18th instant, about seven o'clock in the evening, I was in my cutting-room, up stairs; I was alarmed by a neighbour that there were men in my house. I went down stairs, and the prisoner was in the custody of several people at my door; he was searched, but nothing was found upon him; we took him to New Prison. When I came back again I searched my house, and missed the things in the indictment. The sash was up; I had been there a little before, and then the sash was down; the goods were brought over the way from my brother Guest's: the hat and great coat I have not seen since. (The rest of the goods produced and deposed to)

John Guest . I am brother-in-law to Mr. Alston. I live opposite to him; my wife called to me; I ran to the door, and I saw the prisoner jump out of Mr. Alston's window. I immediately said hold of him within ten yards of the window. Before the prisoner jumped out I saw another man run from the window.

Q. Are you sure he is the same man that came out at the window?

Guest. I am positive.

Esther Guest . I am wife to the last witness. I was in my own room, which was opposite to Mr. Alston's; the first thing I saw was a man in my sister's room. I called to my husband, he made haste down stairs; I saw the prisoner bring a parcel of linen to the window, and he came out of the window; he seemed rather to tumble as he came out, and the linen fell over him, scattering about.

Q. Was the linen bundled up?

Esther Guest . I can't tell; it came out of the window at the time he did, and fell about him. I saw another man in the street; I called out to him, You villain, what do you do there? upon that the man ran away. My husband ran over the way, and laid hold of the prisoner.

Q. Are you certain that the man your husband laid hold of was the same that came out at your brother's window?

Esther Guest . I am certain of it; the linen was brought over to my house, and afterwards it was carried over to Mr. Alston's.

Q. How came your linen at your brother's?

Esther Guest . I had sent it there to dry. I saw my brother's window was shut about a quarter of an hour before I saw the man in the house.

William Waters . I was going along the street, about seven in the evening; the prisoner was then in custody; I saw him throw away a pair of linen sleeves, then he wanted us to search him.

Thomas Knight . I was at Mr. Guest's; I heard Mrs. Guest tell her husband that a man was in Mr. Alston's house. I saw the prisoner when they had taken him, and the linen lying under the window; Mrs. Alston took it up.

Prisoner's Defence.

I was playing a game of skittles at Mr. Bird's, the Bowl and Pin in Wood's Close: as I was coming by the end of Albemarle-street, a parcel of men were making a noise; two men came running up the street, and a young fellow rushed by me; two men came up to me, and one of them said this is one of them. They seized me by the collar; one of them said he saw me jump, out of his brother's house. I said if you think so search me; they did so, and found nothing upon me. A good many people came up, and one said, take that villain to gaol, I know him to be an old offender. I was taken to gaol, though they did not find a halfpenny worth of any thing about me? The gentlewoman says she was in another house; how then could she have her eyes upon me? I was taken in St. John's street. I could have had a good many people to my character, but I did not expect my trial would have come on now.

Guilty Death .

See him tried for a robbery, No. 322, in Mr. Alderman Turners mayoralty; and for burglaries, No. 12, in Mr. Alderman Beckford's second mayoralty; and No. 508, last sessions.

641. (M.) Margaret Spicer was indicted for stealing four red harrateen curtains, three blankets, two linen sheets, and a copper boiler, the property of Louisa Deed , being in a certain lodging room, let to the said Margaret by contract , March 27 .

Guilty T .

642, 643. (M.) Joseph Hawkins and James Houghton were indicted for that they on the king's highway on John Gustavus White Drummond , Esq ; did make an assault, and stealing from his person a hat, value 12 s. the property of the said John , Sept. 16 . *

Mr. Drummond deposed that as he was going home from Hungerford Coffee-house, about half after ten o'clock at night, on the 16th of September, when he was in Cockspur-street he saw three or four soldiers; that Houghton ran up against him and was near pushing him down; upon his asking the reason of it, Houghton struck him with a stick, upon which a scuffle ensued; and in the fray he believed his hat sell off, which was afterwards found in the street at some little distance from the place. - It appeared upon the whole of the evidence that they were undoubtedly guilty of a violent assault, but he did by no means amount to a robbery.

Both acquitted .

644. (M.) Mary Nuttall , otherwise Hebborn , was indicted for stealing one pair of silver shoe buckles, value 10 s. one pair of silver knee buckles, value 5 s. one pair of Bristol stone sleeve buttons, value 1 s. and two pieces of silver, value 18 d. the property of Richard Stephenson . ~

Acquitted .

645. (M.) Anthony Royston was indicted for stealing a silver pint mug, value 3 l. the property of Charles Dean , Nov. 19, 1769 . ~

Charles Dean . I am a victualler , and live at Cow Cross . On the 9th of Nov. 1769, the prisoner and another man came into my house, and called for a pint of beer; not having a pewter-pot at hand, I drew the beer in a silver mug. I suspected the prisoners, and waited for the mug's being empty, to secure it. I was called away, and when I returned the men and the mug were gone. On the 22d of Sept. I met the prisoner in Sharp's Alley; I took him before the justice; he confessed there that he sold it to John Franklin . I went to Franklin's; he said he had bought a mug of the prisoner; the prisoner said he sold it to Mr. Franklin for 3 s. 9 d. an ounce.

John Franklin . I bought a pint mug of the prisoner, Oct, 14th, 1769. The prisoner brought to me part of the handle of a pint mug, it weighed eleven pennyweights; I gave him 2 s. 9 d. for it. He said then, that he had got a pint mug that he had found in the rubbish at the fire at Paul's Wharf; he brought it, and I gave him 5 s. an ounce for it; there was no bottom to it. I did not observe any marks upon it; it was black, and appeared as if it had been in a fire.

Prisoner's Defence.

I found a mug at the fire, and sold it to Mr. Franklin.

Q. to Franklin. What day did you buy the mug?

Franklin. On the 14th of October, 1769.

Foreman of the Jury. That could not be the mug laid is the indictment; for that is laid to be stolen on the 9th of November.

Acquitted .

646. (M.) Rebecca Flowers was indicted for stealing a silver watch, value 30 s. the property of Thomas Smith , Sept. 9 . ~

Thomas Smith . I am mate of a ship . On the 9th of Sept. when the press broke out, as I was going from my ship in St. Catherine's , a gentlewoman, that stood at her door, asked me to drink some tea; I went in and drank tea. I staid there some time; the prisoner asked me what it was o'clock; I pulled out my watch and told her; she snatched it out of my hand, put it into her bosom, and ran out of the house. I was obliged to go the next day to Harwich; I staid there nine days; when I returned, I found the prisoner at the same house; she owned she had the watch, but she said she did not know what she had done with it.

John Slater . The prisoner came to me, and said she had a watch belonging to the mate of a vessel, and that she had pawned it in Ratcliff Highway. The prosecutor went for his watch; the prisoner said she would give it again to the sailor.

Prisoner's Defence.

Smith was with me three hours at one time; he wanted me to go with him, and said he would satisfy me; he had no money; he was with me three times, he was to give me a guinea; he gave me the watch to keep till he gave me the guinea.

Acquitted .

647. (M.) Elizabeth the wife of Richard Castle , was indicted for stealing one cloth coat, value 6 s. one cloth waistcoat, value 6 d. one linen sheet, value 2 s. one linen apron, value 2 d. and one flannel petticoat, value 1 d. the property of Theophilus Langrish , and one cloth coat, value 1 d. the property of Thomas Langrish , and one staff gown, value 1 d. the property of John Turner , September 28 . ~

Guilty T .

648. (M.) Mary Watts , spinster , was indicted for stealing one linen quilt, value 10 s. one pair of sheets, value 2 s. one pair of pillowcases, value 1 s. nine yards of camblet, value 7 s. and one white linen gown, value 5 s. the property of Thomas Allen , and one linen shift, value 2 s. 6 d. one linen apron, value 6 d. and one linen handkerchief, value 3 d. the property of Mary Eccles , spinster , October 2 . ~

Thomas Allen . I keep a public house at Stepney . The prisoner came into my house on the 2d of October, and had a pint of beer; she went away and did not pay for it; this was about four o'clock: about six she returned again, and the bundle, containing the things mentioned in the indictment, was found upon her by Maria Eccles . When Eccles stopped her she called out shop thief, and then I went to her assistance. When we asked her how she came to steal the things, she said she was so much in liquor that she did not know what she did.

Maria Eccles . The things were drying upon a horse in the yard. I met the prisoner coming out of the yard with a bundle; I stopped her, and found it contained the things mentioned in; the indictment. ( The goods produced and deposed to by the prosecutor.)

Prisoner's Defence.

I found the bundle. I was so intoxicated with liquor that I did not know what I did.

Guilty T .

649. (M.) Mary Hands was indicted for stealing a black sattin cardinal, value 16 s. one pair of silver shoe-buckles, value 10 s. one silver cable-spoon, value 7 s. two silver tea-spoons, value 2 s. and three lace caps, value 2 s. the property of Thomas Woodridge , Sept 17 . ~

Elizabeth Woodridge . I am wife to Thomas Woodridge , who keeps the Half Moon in Purpool-lane . The prisoner was my servant ; she lived with me about ten days. I sent her to fetch some beer; she did not return again: I missed the things mentioned in the indictment. (The goods produced and deposed to by the prosecutor.)

James Grey . I was at the Sun at Cow Cross; the prisoner was with a young man there; she pulled out two tea-spoons and a table spoon. I suspected she did not come honestly by them; I asked her where she had got them. She said she had stole them from the Half Moon in Purpool-lane. She had the cardinal on her, and the buckles in her shoes; she gave them to me in New Prison.

Prisoner's Defence.

I was extremely in liquor, so that I did not know what I did.

She called - Sandwich, who had known her from her infancy; and Thomas Bartholomew , with whom she had lived three months, who gave her a good character.

Guilty B .

650, 651. (M.) Robert Preston and Ann Reynolds , spinster , were indicted for stealing a green purse, value 1 d. a yellow purse, value 1 d. a silver pint mug, value 20 s. a pair of silver salts, value 10 s. a silver cream jug, value 10 s. a pair of silver tea-tongs, value 2 s. 6 d. a silver strainer, value 1 s. and 11 l. 13 s. in money numbered, the property of George Elliot , in his dwelling-house , September 27 . *

George Elliot . I keep the Three Campasses. a public house , in Little Wild-street . Ann Reynolds came into my house on the 27th of September, about seven in the morning and asked me after my wife (my wife was at Hampstead ). I was at Hampstead in the evening when a messenger came to inform me that I had been robbed. When I came home I missed out of a chest, which I left locked when I went out, a green purse, which continued ten crown piece, half a guinea, and a 3 s. 4 d. piece of gold; also a yellow purse, containing about 5 l. in silver. I lost a silver pint mug, a pair of silver salts, a silver cream jug, a pair of tea-tong, a silver tea-strainer, and a silver coral; they were all in the chest. There was a 6 s. 9 d. in the yellow purse that I am pretty certain I have seen since. The lock of the chest had been forced open; I did not see any mark of violence upon the chamber door. Upon the information I received when I got home, I suspected the prisoners; they lived together as man and wife. I got a warrant to search their lodgings; I did not find any of my things there. We took them up, and upon Preston I found some silver and a 6 s. 9 d. there is a particular shilling, and the 6 s. 9 d. I and pretty certain is mine. In Preston's pocket we found a key, which, upon trial, opened the locks of my chest of drawers, but I lost nothing out of my drawers. I did not find any thing upon Reynolds. Preston told the Justice that he would take it upon himself, if the Justice would acquit his wife.

Ann Tawney . I am housekeeper to Mr. Elliot. Reynolds came to Mr. Elliot's, about eleven in the morning, after he was gone to Hampstead; she went away soon; and came again at one; she had some beer and some shrub then; she went out again quickly. She came again about two, and then she entered into conversation about a woman that had robbed her lodgings. We were in the back kitchen; there is a door in the street opens into the passage; that passage leads to Wild Court; as soon as you come into the passage, on one side of the passage is a door into this back room; then farther is the back kitchen, which has connection another way with the tap-room; it was in this kitchen that she was with me at this time. While we were talking together, one of the lodgers came and asked me if I had opened the chamber door; I was afraid some robbery had been committed, and I was greatly frightened; I cried out that my master was robbed and ruined. I ran up stairs; the back of the chest was broke off, and the place and purses were taken away; I talked of having a warrant, and going to Sir John Fielding's; Mr. Reynolds endeavoured to persuade me not to be alarmed, for probably I should find the things again soon; the prisoner went away soon after.

Bartholomew Tumbler . I live opposite Mr. Elliot's; I saw two men standing in the street, near Mr. Elliot's; the, stood there about ten minutes, looking about, and then they went in at Mr. Elliot's do; they came out again in about seven minutes; they ran away as fast as they could; I observed something bulged out in Preston's pocket; he held his hands over both his pockets as he ran. I saw Preston go into the house about an hour before. I never saw Preston before, but I took to much notice of him as he stood in the street, that I am positive he is the man.

Tumbler was confirmed in this account by Joseph Goddin , who lives opposite to the prosecutor; who added that they ran through a gateway that leads to Duke street.

Henry Hall. I am servant to Mr. Blundell, who keeps a wine-vault in Duke-street. On the 22d of September, between one and two o'clock. Preston and another man came into Mr. Blundell's vaults in an a great hurry; he called for a pint of wine. Preston bolted the door after him as soon as he came in; he appeared to be a great deal confused; he laid down two sixpences instead of one; he did not stay above three minutes; they went out again in a great hurry; I am certain the prisoner was one of the men; both their pockets stuck out very much.

Preston's Defence.

I met an acquaintance in Duke-street; he asked me the way to Wild Court; I was going that way, and told him I would shew him. We went through Mr. Elliot's house into Wild Court; he went to enquire for a man there. We came through Mr. Elliot's passage-again, and then went to Mr. Blundell's wine-vaults, and had a pint of wine; we parted as soon as we came out.

Reynold's Defence.

I went into Mr. Elliot's house; Mrs. Tawney was going to dinner; she asked me to sit down and eat with her; I said I had dined; I would come again I went to Clare Market; when I come back Mrs. Tawney was going to dinner; she said I must sit down and dine with her. I called for a pennyworth of beer. She called down a chair-woman to dinner that was at work in Mr. Elliot's bed chamber. When we had sat about ten minutes, a lodger came down and told Mrs. Tawney that Mr. Elliot's chamber door was open, and she went up and found the things gone; I paid for my beer and came home.

Q. to Mrs. Tawney. Was this chair-woman cleaning your master's room?

Tawney. I cleaned my master's room in the morning; and she only brought me the water to the door. That was between seven and eight in the morning; nobody was in that room afterwards.

Both acquitted .

652. (M.) Mary Taylor was indicted for stealing a silver table-spoon, value 5 s. the property of our Sovereign Lord the King , October 11 . +

Frances Duffing . I am sister to the prisoner. My sister gave me a bit of a spoon, and bid me ask a silversmith if it was silver. I carried it to Mr. Moore's; he told me it was the King's property. I went home and told my sister about it; she told me she could give an account how she came by it. I went to Mr. Dunn next morning.

John Moore . I am a silversmith, and live in Fleet-street. On the 11th of October, the last witness brought me this bit of a spoon ( producing about half a spoon.) I told her the King's arms was upon it, and I could not buy it without an account of her character. She gave me a direction where to enquire after her, but I mistook it, and went wrong. Before I could advertise it, I found that Mr. Dunn was informed about it, and had taken the matter in hand.

William Dunn . I belong to the silver scullery at St. James's. I know no more than that this spoon in the property of his Majesty.

Prisoner's Defence.

I lived servant with Lady Charlotte Finch ; I was her laundry maid. I married and left her ladyship's service three years ago. This bit of spoon was given to me about four years ago by one Harris, a dustman at St. James's lived at St. James's. I was ironing brought in this piece of found among the dust he said it would e a to-knot, or something I said it a shelf; and there it lay till I sent my to know whether it was silver

She called several witnesses, who gave her a good character.

Acquitted .

653. (M.) Robert Parker was indicted for stealing a watch with the inside case pinchbeck, the outside case shagreen, value 5 l. and a pair of their shoe-buckles, value 10 s. a pair of silver knee buckles, value 5 s. the property of William Barnet . Sept. 11 . +

William Barnet . I am servant to Capt. Maynard.

Q. Have you been christened? *

* Barnet is a black

Barnet. Yes; I was christened in 1766. On the 11th of September I went to Shadwell Dock; as I was coming home I met with the prisoner; he asked me where I was going; I said to Holborn. He asked me to go into a public-house and drink with him, Two men came in; one of them pretended to be a Squire's son. One of them asked the way to High Holborn. The prisoner said he was going there, and would shew him the way. We went from there to Holborn ; when we came to the Two Blue Posts he asked me to go in there and drink; I told him I would rather not; he prevailed upon me, and I went in with him. The 'Squire's son and another man came in there; the 'Squire's son proposed to toss up for some liquor; he said he would toss up for 50 l. The prisoner said he was a brewer's clerk, and he could not afford to toss up for so much money. They got tossing up for money. The prisoner asked to see my buckles; I took them out of my shoes; the prisoner laid them down upon his handkerchief. Soon after that the 'Squire's son said he wanted a watch for a girl of his. I took out my watch; the 'Squire's son asked me what I would take for it; I asked five guineas. The prisoner said let me alone. I will get you seven guineas for your watch and buckles. The prisoner and the 'Squire's son tossed up for 10 l. the prisoner lost, and borrowed some money to pay it; then he asked me to go over the way with him, to borrow some more money. Almost as soon as I had crossed the pavement. I began to think my watch and buckles might not be safe; so I went back again, and they and my watch and buckles were gone. The 'Squire's son was to buy buckles, so he gave me his buckles to put in my shoes, which he said were silver, but I find they are not; I believe they are pewter.

Q. from the prisoner. Whether he did not go halves with me when I tossed up and them?

Barnet. No; I had no concern with the tossing up.

Prisoner's Defence.

He staked his watch and buckles against the 'Squire's son; he lost them, and he went out as I thought contented.

The Prisoner called Henry Street, who had known him seven years; Edward Perry one year; Joseph Yeoman three years; Charles Powley and John Beale five years, who all gave him a good character.

Guilty . T .

654. (M.) Margaret Burrows , widow , otherwise Margaret, the wife of John Burrows , was indicted for stealing three silver tea-spoons, value 3 s. a linen robe, value 5 s. three linen and woollen check bed curtains, value 5 s. a linen sheet, value 3 s. and a linen shirt, value 2 s. the property of Richard Lovekin . +

Guilty T .

655. (M.) Elizabeth Green , spinster , was indicted for stealing two half guineas, one quarter of a guinea, and one four and sixpenny piece, the property of David Smith , privately from his person , September 24 . +

David Smith . I am a brewer's servant . On the 24th of September I was coming home from my lodging, I met two women; I was in liquor, and I went with them. The people refused to let us in at two houses; we went to a third house, where we got admittance. We went up two pair of stairs; I fell asleep there; when I came down stairs again I was going to pick up another girl; I put my hand in my pocket and missed my money. I am sure I had the money in my pocket when I went up stairs. I don't know that any body else came into the room but the prisoner and the evidence, who is the other girl.

Sarah Edges . Bet Green and I picked up the prosecutor court; we went to several houses before we could get admitted; at last we got admitted at Catherine Graham 's. This man liked the prisoner best, and he had me go down stairs. * Catherine Graham came up to be paid for the use of the room; she came down and told me that Green wanted me up stairs, for the man had money. I went up; the prosecutor lay asleep upon his back. I saw the prisoner take the money out of his pocket. First she took out a quarter of a guinea, then a guinea, then two half guineas, and a 4 s. 6 d. piece. We divided them money among us.

* See Catherine Graham tried No. 586. last sessions, for receiving stolen goods.

The prisoner said nothing in her defence.

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

656. (M.) Sarah Dean was indicted for stealing a quart pewter pot, value 16 d. the property of Daniel Rider , October 8 . +

Guilty 10 d . W .

657. (L.) Margaret Connolly was indicted for stealing four linen caps, value 2 s. the property of John White . October 14 . ~

Guilty T .

658.(L.) Mary Plunket was indicted for stealing one pair of stuff shoes, value 1 s. two linen aprons, value 4 s. four linen handkerchiefs, value 4 s. one linen napkin, value 6 d. and a piece of thread lace, value 2 s. the property of Henry Howard , and one linen gown, value 15 s. the property of Mary Swinsfords spinster , October 8 . ~

Guilty T .

659. (L.) Henry Jones was indicted for stealing a linen handkerchief, value 10 d. the property of William Lloyd . ~

Guilty .

[Transportation. See summary.]

660. (L.) Elizabeth Seymour was indicted for stealing a cloth coat, value 11 s. a worsted waistcoat, value 3 s. a pair of stocking breeches, value 3 s. a hat laced with gold lace, value 10 s. and a linen handkerchief, value 1 s. the property of John Salter , October 8th . ~

John Salter . I met the prisoner last Sunday was fortnight, between eleven and twelve o'clock at night. I was much in liquor; She wanted me to go with her to her lodgings in Prince's-street; I refused to go with her, and proposed for us to go to my own lodgings. She went with me to my lodging. We went to bed together a little after twelve o'clock; about one o'clock a watchman found the door open, and alarmed us, and then I found the prisoner was gone, and I missed all the things mentioned in the indictment; they were the clothes I had on when she picked me up.

Q. What business are you?

Salter. I am a journeyman hair-dresser .

William Taylor . I am a constable. I searched the prisoner's lodgings; I found all the things upon the tester of her bed (The goods produced in Court, and deposed to by the prosecutor.) When she was charged with the robbery, she acknowledged it, and fell upon her knees and begged for mercy.

Prisoner's Defence.

The prosecutor picked me up, and as he was dressed so rich, I agreed to go home with him to his lodgings. He agreed to give me a guinea, and he had no money in his pocket; I took his things to pawn for the guinea.

Guilty T .

661. (M.) Mary Grayhurst , widow , otherwise Mary the wife of John Grayhurst , was indicted for stealing a striped muslin apron, value 2 s. and a linen table-cloth, value 2 s. the property of Elizabeth Theard , widow . ~

Guilty T .

662, 663. (M.) Joseph Chapman and Tho. Landakin were indicted for breaking and entering the dwelling-house of John Turner , on the 12th of September , about the hour of one in the night, and stealing two cotton gowns, one linen and cotton counter pane, three aprons, a linen sleeve, a cotton skirt, a cotton nightgown, two linen table-cloths, a linen and worsted chair bottom, and eight linen cloth, the property of the said John Turner , in his dwelling-house . *

John Turner . The goods laid in the indictment were taken out of my warehouse, which joins to my dwelling-house. From the door of the warehouse a passage leads to the water-side; the door was fastened with a padlock over night; the padlock was left hanging upon the door, and the door was open. (The goods produced, and deposed to by the prosecutor.)

Mary Turner . I am wife to the prosecutor. I saw the things mentioned in the indictment in the warehouse about ten o'clock at night. I fastened it on the outside with a padlock. I get up at six in the morning; the lock hung loose upon the staple, the door was open, and the things mentioned in the indictment were gone.

James Hunter . I am a waiter at White-Conduit-House. About seven o'clock in the morning on the 13th of September, Joseph Bingly and I were standing at the door of White-Conduit-House; we saw two women coming towards our house, we supposed them to be women of the town; they passed by us. At the farther and of White-Conduit-Fields they met two men; one of the two men had a bag upon his back; we suspected them, and watched where they went. They went into a field, and sat down under a hedge, and began taking the things out of the sack. We called assistance, and went and secured them; they made no resistance. They said before Sir John Fielding that they found the things in Moorfields.

Joseph Bingley confirmed this account.

The prisoners in their defence said, they found the bundle containing the things mentioned his the indictments, among the stones in Moorfields.

Chapman called George Wilson , who had known him fourteen years; Benjamin Dodfied , six years; - Creed, some time; Elizabeth Hill, three years; Ann Spleen , ten years. Landakin called Thomas Hughes and William Walding , who had known him from a child; and Thomas Purdue , who gave them good characters.

Both guilty of stealing, but acquitted of the burglary . T .

664. (L.) Sarah Pretty was indicted for stealing a lined shirt, value 2 s, a black silk hat, value 1 s. and a linen handkerchief, value 6 d. the property of William Cock ; and a pair of white cotton stockings, value 18 d. a pair of white worsted stockings, value 6 d. two guineas, half a guinea, and a crown piece, the property of Joseph Smith , in the dwelling-house of William Cock , October 21st . *

Joseph Smith . I lodged at the house of William Cock at Hammersmith . My trunk was broke open, and out of a drawer in the trunk was stolen two guineas and a half and half a crown piece. The prisoner lodged in the house, and lay in the same room where my trunk was. She went out about five o'clock in the morning, and about seven I misled the things. I pursued the prisoner, and overtook her at Beconsfield, between twelve and one o'clock the same day. She confessed she had taken my money, and had laid it all out but 7 s. 6 d. She had on a shift, a handkerchief, and a black hat of William Cock 's.

- Meredith, the constable, deposed that be was at the taking of the prisoner, and confirmed the above evidence.

The prisoner in her defence said, that she was 150 miles from home, and had nobody to her character.

Guilty. 39 s. T .

665. (L.) Henry Carry was indicted for stealing two gold inside watch cases, value 5 l. five gold outside chased watch cases, value 16 l. two plain gold outside watch cases, value 10 l. twelve silver inside watch cases, value 3 l. twelve silver outside watch cases, value 5 l. a diamond ring set in gold, value 40 s. a stone ring set in gold, value 20 s. three silver table spoons, value 12 s. four silver tea spoons, value 4 s. and a silver pepper-box, value 10 s. the property of Edward Burr Griffin , September 16 . +

Edward Burr Griffin . The prisoner was my apprentice . On Sunday the 10th of September, I and my wife went out about four in the afternoon, and left the apprentice and the maidservant to take care of the house. I came home about ten o'clock. I went up into the shop. I found the trap-door open, and all the windows open; then I thought the house had been robbed. I went to the drawer where my gold and silver work was, and missed the whole; and in my bed-chamber the drawer belonging to the glass was broke open, and the two gold rings and some other things were taken out. My maid-servant informed me that the prisoner went out about five o'clock; that made me suspect him. I made a proper search after him, and on Wednesday following he was taken in Whitechapel.

George Wellden . I have been acquainted with the prisoner about half a year. I met him on Sunday, the 16th of September, near St. Andrew Church in Holborn; he had a bundle in his hand. He said he was going to his mother's in the Fleet Market, on dress himself, and asked me to hold the bundle till he came back again. I gave it to him when he came again. George Humphreys and he and I were to go to Maid-stone, to see the prisoner's brother, who was in gaol there. I never saw the things taken out of the bundle.

Elizabeth Donnelly . I was servant to Mr. Burr Griffin . When my master went out he left the prisoner and me to take care of the house. The prisoner sent me out for an halfpenny worth of plumbs; a little after that he sent me out for an halfpenny worth of apples; I took the two children with me. I was gone near a quarter of an hour; When I came back the parlour-door was locked. He took the applies from me, and damned me, and said, he could get no rest. He went down into the kitchen; when he came up again, he took the key of the shop, and went up stairs; a when he came down again he went out. He said he should not be gone five minutes, and bid me not go from the door; this was about five o'clock; he did not return again. When I went to set the tea-things, I missed four tea-spoons; I thought my mistress had laid them by; when she came home I asked her, and that led to a discovery of the robbery.

Q. Was any body else in the house besides the prisoner and you?

Donnelly. There was nobody else, and I did not leave the house after the prisoner went.

Samuel Burgess . I am an errand-boy to Mr. Hooke. I met the prisoner the night the robbery was committed. I went with him to the Three Tuns in New-street; he pulled out a watch-case, a ring, and some pieces of coin; the ring had a stone in it. He said he got them from his master's. He said he intended to sell them.

Q. Had you been at his master's that Sunday evening?

Burgess. I have been there several times, but I was not there that day. After we had been at the Three Tuns about five minutes, George Welldon came in, and he and the prisoner went and told this to a fellow-servant that was of his. that now lives with a surgeon in Holborn; and when Mr. Burr Griffin went there to enquire, she acquainted him with what I told her.

Prisoner's Defence.

I am entirely innocent of the robbery. I went out on Sunday evening to my mother's; I staid later than ordinary, and was afraid to go home. I met George Wilson and George Humphreys ; we all agreed to go down to Maid-stone; we had not money enough, or we should have gone; as I was walking down Whitechapel, I was taken into custody.

Guilty 39 s. T .

666, 667, 668. (M.) William Harrison , Barnaby Riley and Thomas M'Ginnis were indicted for stealing two half guineas, a six and nine-penny piece, forty-eight halfpence, and 4 s. in money numbered , the property of John Warner , Sept. 14 . ~

The prosecutor was called, but did not appear.

All three Acquitted .

669. (M.) William Clark was indicted for stealing a cloth coat, value 10 s. the property of Thomas Fenner , Oct. 6 . ~

Guilty . T .

670. (L.) John Caroll was indicted for stealing a linen handkerchief, value 10 d. the property of George Ellstol , October 15 . ~

Guilty . T .

671. (M.) John Barton was indicted for stealing a black gelding, value 15 l. the property of Henry Jones , October 1st . +

Henry Jones . I am a farmer , and live at Abington , which is a village near Northampton. I I lost a gelding out of a field on the 1st of October. I traced the house to Wellingborough. A person told me there, that he saw a man ride by upon my horse. I found my horse on Friday the 5th of November, at Mr. Langhorne's Repository, in Barbican. When my gelding was taken away, he had a switch tail; when I found him again, his tail was cut.

Q. Can you swear that the horse you saw at Mr. Langhorne's was your horse?

Jones. I am positive it was my horse; I had had him near two years.

John Thorne . The prisoner brought a horse to the Boar and Castle in Oxford Road, where I am hostler, between eight and nine on Wednesday morning; he desired me to take care of him. The horse had sweated, but the sweat seemed rather dried on. He said he came only from Barnet that morning, and that he had walked him all the way from Highgate. I gave the horse a food; he went to the farrier's to have him shod; when he came back, he asked me for a pair of scissars to cut the horse's tail; he had a switch tail, but the prisoner cut it shorter. He asked my advice, whether he should send him to grass; I said, it would hurt the price of him. He borrowed a halter of me, and had him taken to the Repository.

Cross Examination.

Q. You said he cut the horse's tail; I suppose you mean he trimmed it?

Thorne. He might cut off about two inches.

William Dow . I am a farrier. The prisoner came to me on Wednesday morning the third of October, and asked me to go and look at a horse he had got at the Boar and Castle. I went with him; his feet were ragged, and looked ugly. He asked me if it would not be right to send him to grass; I told him, I thought he had better sell him. He asked me to shoe him; I told him, we were so busy, we could not. He desired me to take him to Mr. Langhorne's Repository. He said, he had him in a chop, and he stood him in about six guineas; and that as he had him so cheap, he was afraid something was the matter with him.

Cross Examination.

Q. I think he himself proposed to send him to grass?

Dow. Yes.

Q. You advised him to sell him?

Dow. Yes.

Q. Was any thing the matter with the horse?

Dow. His feet were ragged.

Q. How were his eyes?

Dow. I did not observe.

Q. You said, I think, that he thought something was the matter with him, because he bought him under price?

Dow. Yes; he said so.

Charles Ibbetson . I am clerk to Mr. Langhorne. On Wednesday the third instant, William Dow , the last witness, brought a horse to our yard to be sold, with a note, signed John Wood , and the price fixed upon the house, which was fifteen guineas.

Q. to Dow. How came you to give in the name of Wood?

Dow. The prisoner said he owned Mr. Langhorne he believed about 30 s. and that made him send another name.

Q. Was you acquainted with the prisoner?

Dow. He worked in our shop; that was the way I became acquainted with him. I know he had two horses before; I saw them stand at a stable in Bartholemew Close.

Q. Did the prisoner deal in horses?

Dow. Yes; he used to buy horses that were sick or lame; sometimes he brought them about again, and sometimes he lost money by them.

Ibbetson. On the Friday following Mr. Jones came into our yard pretty early in the morning, and said he had lost a horse, which was in our yard. I desired him to make an affidavit of it, and let me have it; and I desired him to appear as little as possible, that I might detect the thief. After the sale, Dow came and asked after the horse; I took him into custody. Whilst we were asking him some questions, the prisoner was observed loitering about the gate, which caused as to suspect him; we desired the constable to take him into custody. When the constable brought him in, Dow said he was the man that delivered him the horse, and gave him the note.

Q. What did the prisoner say when he was taken up?

Ibbetson. When he first came into the room, and Dow challenged him with having given him the horse, he said, What, do you say it was me delivered the horse? Dow said yes; then the prisoner sat down; he held down his head, and appeared as if he was much in liquor; he said he was very sick, and desired to go out; he came in again in about five minutes, and then talked very sensibly.

Michael Wood . I am a constable. I was sent for on this occasion. Mr. Langhorne's clerk gave me charge of Dow; Dow said that he brought the horse to sell for another man, and was to carry the money for him to some house near St. Giles's; he agreed to go with me to find the man out; a person came up and said he believed the man was at the gate. I went to the gate, and saw the prisoner sitting upon the ledge of a window; I said what is your name, what do you do here? he said his name was John Barton . I told him there was a man up the yard in a little trouble, and he might as well go up the yard with me; he went very readily. As soon as he came into the house Dow said that is the man that gave me the horse; the prisoner said What, do you say I am the man? Dow said yes, and you gave me the note; the prisoner said that is a lie, I can't write. He sat down, and seemed as if he was going to faint; he begged to go out, and he sat upon the bench in the yard; he said I am very drunk, I am very sick. When he came in again, he said he had had a rap for a horse; before my Lord Mayor next day he said he bought it in Long-lane for six guineas or 6 l. and he said he thought it was stolen.

Q. Did he say where, he had been with it, before he left it at the inn?

Wood. No, not a word.

Cross Examination.

Q. You say he went very willingly into the yard with you?

Wood. When I went out to him I asked him his name; he said John Barton . I asked him where he lived; he said up there, pointing up the street.

Prisoner's Defence.

On Wednesday morning, about eight o'clock, I met a man by Long-lane, near the Charter-house, upon a rough cart gelding; he asked me if I could help him to a customer for him; I said I would buy him myself, if he would let me get a guinea or two by him. When I examined the horse I found he had bad feet, and weak eyes; he asked me eight guineas for him; I asked him if he was found; he said he was to the best of his knowledge. I offered him six guineas, or three half guineas and a watch I had. We agreed for six guineas; I had not money enough, so I went and pawned my watch for two guineas and a half, and paid him six guineas. Here is a men here that saw me buy the horse; and I can bring proof where I was on the night the horse was stole. They have misrepresented what passed; they said to Dow, is this the man that delivered the horse to you? he said yes; I said no, it was the hostler. I said the horse is my property, I don't deny it. The man I bought the horse of said he came from Dartford in Kent, and that his name was Wood; he looked like a creditable countryman; I suspected the horse was not found; when his feet were shod I found he had good feet. I asked Dow's advice whether I should send him to grass; he said it would be expensive feeding him to grass, and advised me to sell him, I told him he should have half of what he sold for above six guineas. I made out a note in the name of Wood, that I bought it of. I have bought many horses in Smithfield, and paid for them, and put them up in that man's stable.

Q. to Wood. Did he say at first that it was his horse?

Wood. No; he denied the horse, and said he did not give it to Dow.

For the prisoner.

Apron Brown. I live with one Mr. Thompson, who deals in horses. I am his rider. I have known the prisoner about a twelve-months. On Wednesday, the 3d October, the prisoner bought a horse in Charter-house-lane, of a lusty country man, who was dressed in a dark brown coat and waistcoat.

Q. What time of the day was it?

Brown. Between nine and ten in the morning. It was a black cart gelding; he gave him six guineas for it.

Q. Was you present during the whole time of making the bargain?

Brown. No; I happened to come down the lane, and I saw Barton and the farmer together; I stopt to see whether they dealt or no. Barton asked the price; he said eight guineas; he bid him six; he went to pawn his watch for to make up the money, then I went away.

Q. Did you hear the man say where he had brought the horse from?

Brown. He said he brought him from Dartford in Kent; that he had been to Highgate for some cash; that he had been disappointed, and that made him sell his horse.

Eleanor Dunball . My husband is a barber, and lives at Enfield; the prisoner came to our house between two and three o'clock on Monday afternoon, the 1st of October; he lay there all night, and went away on Tuesday morning; my husband was ill, and the prisoner came to see him.

Q. How came you to recollect that it was the first of October?

Dunball. My husband remembered the time, and he told me.

Q. When was you first applied to to come here as a witness?

Dunball. I don't remember particularly.

Q. How soon after?

Dunball. I believe the Saturday following.

Q. Did he use to come frequently and lie at your house.

Dunball. Yes; my husband and he were acquainted before we were married. My husband is very ill at home with the rheumatism.

William Hunt . I am a farrier, and live in Bartholomew Close; I have known the prisoner between five and six years.

Q. Do you know any thing of his buying horses?

Hunt. Yes; he had two horses in out yard at Bartholomew Tide ; he sold them and bought another.

John Ford . I am a pawn-broker, and live in Little-Britain; the prisoner pledged a watch with me on 3d October.

Q. Was it in the morning or afternoon?

Ford. I can't tell.

Q. Cannot you tell by the rank it stands in in your book?

Ford. No, I can't; we book them at night.

John Adams . I keep the Coach and Horses in Bartholomew Close; I have known the prisoner about a year; he is a very honest sober man.

Q. Do you know of his dealing in horses?

Adams. He has left two horses in my stable for a fortnight together; he boar ded and lodged in my house; he bought and sold horses.

Charles Pullen . I live in Long Lane, I have known the prisoner about three months; he lodged with me; he behaved very well, and he kept good hours; he lodged with me about a week before he was taken up.

George Cass . I am a watch-maker, and live in Paul's Alley; I have known the prisoner about fifteen months; he always bore a good character from his masters.

Q. to Thorpe. What time did you say the prisoner brought the horse to the inn?

Thorpe. Between eight and nine o'clock.

Q. Where did he say he came from?

Thorpe. He said he came from Barnet.

Q. to Dow. How much was you to have for selling the horse?

Dow. I was to have part of the money he sold for, and my expences.

Guilty , Death .

Soon after the jury had given their verdict, Solomon Wood, the constable, informed the court that Aaron Brown had confessed to him that he had fore-sworn himself: Brown was brought into court, and acknowledged that the prisoner had persuaded him to swear what he had done, and that it was totally false; upon which the court commanded him to Newgate.

67. (M.) Bartholomew Langley was indicted for that he not having God before his eyes, but being moved and reduced by the instigation of the devil, not regarding the order of nature, on the 22d October , in and upon a certain beast, called a she ass, did lay his hands, and the said she ass, he, the said Bartholomew did carnally know, and with the said she ass that detestable and abominable crime, (among Christians not to be named) called buggery, feloniously, wickedly, and diabolically against the order of nature, did perpetrate against the peace of our Lord the King, &c. +

John Healey . Between twelve and one o'clock on Monday, 22d October, George Piggot came and desired to speak with me in the yard; I went into the yard, he said, Mr. Healey, my brother and I have taken a man buggering one of your asses, and the man is with my brother at the White-horse ale-house. I went to the White-horse, and there I saw the prisoner and Piggot, and some other people. I asked the prisoner how he came to be guilty of such a beastly action; he said he was in liquor, and did not know what he did.

Q. Was he in liquor?

Henley. He did not appear to be so. I bid them stay till I acquainted Mrs. Lovell, whom the ass belonged to, of it, and had her opinion, (Mrs. Lovell is very ancient, and I manage her business) the prisoner said, For God's sake, let me make it up. I went and told Mrs. Lovell, my mistress; she said, the man must suffer the law: the prisoner desired to go in to speak to her, but I would not let him, as she had before desired me not to let her see him: he said he would give me any thing to make it up; I said he should go before a magistrate; I accordingly took him before the justice.

Cross Examination.

Q. Did you hear any thing of a person he sent his pails by that morning?

Healey. No.

David Pigott . I am brother to George Pigott ; I work for Mr. Scott the brick-maker near Knight's-bridge. My brother and I were going from Knight's-bridge to Chelsea about ten in the morning; we went down a lane that is called Yeoman's Row ; at the bottom of the Row I saw two tubs standing with yeast in them, and the yoke lay across them; I said to my brother, It is ten to one but the baker has got a girl in the brick kiln (as they get girls there sometimes:) I said, let us go to the brick kiln and see the pastime; we went and got upon the brick kiln, and there I saw the prisoner with his instrument drawn, and in the ass, and he was at work as fast as he could; I called to my brother, and said, see what he is at; he drew out his - and wiped it with the tail of his shirt; he turned round and saw me a coming, and then he pushed off: we went back to the pails, and a man came by; we told him of the affair a little while afterwards; I saw him creeping under the hedge on the other side coming for his pails; I hollowed out, here he comes, and several people ran after him.

Q. Where was he with the ass?

Pigott. It was in a little shed, where they give the asses hay; the shed is tiled at the top; the front part is open, the back part is pailed.

Q. How far off was the brick kiln that you stood upon?

Pigott. Forty, or fifty, or a hundred yards; the brick kiln fronts the shed.

Q. How did the ass stand?

Pigott. Her head was to the manager; she had a foal by her side; she was in the farther corner of the shed, that I could see him sideways.

Q. And are you positive that you really saw him in her?

Pigott. Yes, he was in her; when I first went up, he was shoving at her as a man might be at a woman: I stood a minute or two till he withdrew, and then it was he turned about and saw us.

Q. How long was it after he came to take his pails, that you took him?

Pigott. About a quarter of an hour; he got off then; we took his pails to a public house, the Cow and Calves; the prisoner came there in about a quarter of an hour; he had been home and changed his cloaths; he had a red cap and hat on when we pursued him; when he came into the Cow and Calves he said, Pray was there not a man frightened away from the cow-house that was milking a she ass? I said you are the man that b - d the ass; he said, No, I am a man in credit; I have a wife and family; I said, You are the man; I said I would carry the pails home, and know if he was not the man that fetch'd the yeast; he said, No, he would rather carry them himself. We left him with the pails in the house; he took up the pails and was going towards the Bell at Brompton; he set out with a run; we ran across and met him; he put down his pails and wanted us to go into a house to drink; he said, You don't think it is me; I said I am sure you are the man; he still denied it; I said at last, I insist upon your going to Mr. Healey's; whilst I went to Mr. Healey's, my brother and another man came with the prisoner to Knight's-bridge; he put down his pails, and said he hoped we would not take him to Mr. Healey's; he said it was his brother, and he was very much like him; he offered me half a crown or half a guinea to let him go; when we had got a little farther, he said, Don't take any notice of it, I am the man, I was in liquor; he confessed the same when he was at Mr. Healey's; he said he would sooner give ten pounds than it should be known. I kept him in charge whilst my brother fetched Mr. Healey.

Cross Examination.

Q. What time was it?

Pigott. Between nine and ten in the morning.

Q. What sort of a cap had he on?

Pigott. A red cap.

Q. What sort of cloaths?

Pigott. She same coat he has on now.

Q. Did not you say the man had a great coat on?

Pigott. It was long.

Q. Did not you describe it as a great coat?

Pigott. No.

Q. Did not you declare that you was not certain who the man was?

Pigott. No; never.

Q. He came into the Cow and Calves himself?

Pigott. Yes; he had changed his cloaths; he first said it was a man he employed, afterwards he said it was his brother.

Q. When he first came into the Cow and Calves, did you charge him with being the man?

Pigott. I did not at first, but I did before he went out of the house. I met him going for yeast about seven o'clock in the morning.

George Pigott . My brother and I were going into Mr. Scott's field up this lane, between nine and ten o'clock; I can't speak to half an hour; we work for Mr. Scott; we were going to fetch our tools to go to work at Paddington; we saw the pails; we went to seek for the man; my brother got upon the kiln before me; he called to me, and said, There he is; he is - a woman standing; he turned round, then my brother said, d - n him, he is b - g one of the she-asses; almost as soon as we got up he drew out of the ass, he took the tail of his shirt and wiped his -.

Q. What distance is the kiln from the place where the ass was?

Piggot. A hundred yards more or less; my brother saw him draw it out, I did not: the ass fell back in his lap.

Q. How did the ass stand to you upon the kiln?

Piggot. The ass stood partly sideways; as soon as he had got off and wiped himself, he saw my brother and I getting down off the kiln; he buttoned his breeches and ran over the field going to Knightsbridge; we lost him at that time, we saw him afterwards creeping under the hedge, he was, I suppose, coming for his pails of yeast.

Q. How was he dressed?

Piggot. In a long coat, a red cap, and a flapped hat.

Q. Did you see his face?

Piggot. Yes, as he was coming up under the hedge. I knew him again, my father came up and we pursued him then, but could not catch him; my brother took the pails up to the Cow and Calves; after we had been there about a quarter of an hour he came in, in another dress, and said where is the pails of yeast you frightened my man away from? My brother said, I believe you are the man, and I am sure you are the man, He said, no, indeed I am not the man, it was my man, he was milking the ass and you frightened him away; I shall be obliged to you to let me have the pails of yeast: with a great deal of persuasion we, let him have the pails, and agreed to meet him at Knights-bridge; we drank our beer up, and went up the field; we saw him take up the pails and run; we ran too and met him at the end of the lane; he set down his pails and went in to drink at the Bunch of Grapes; my brother said, I am sure you are the man; he said, indeed I am not, my man that you frightened away is gone to London; we said, we were sure he was the man; we went and fetched Joseph Hoare ; he said, I am sure you are the man I met; did not I see you come back again in a different dress? My brother went from the Bunch of Grapes to seek for Mr. Healey, but could not find him; the other man and I brought on the prisoner with the pails of yeast; he wanted to slip away very often; my brother came back and met us facing the Fox, then the prisoner offered my brother half a guinea; he said he would not take any money, because if he did, he should lay himself under the same lash as he was; we took him to the White Horse, where we had a pot of beer; he took half a crown out of his pocket and wanted us to take it; he said there, that it was his brother, and he would make it up for him if he could. I heard him afterwards confess it; he said, I am the man, I am very sorry for it, I was a little in liquor.

Q. Was that before or after you went for Mr. Healey?

Piggot. Before.

Q. Did you know the prisoner before this?

Piggot. I have seen him go through the fields where we work in the summer, but did not take much notice of him.

Cross examination.

Q. When he was in the ass-house could you at that distance see his face?

Piggot. Yes; the ass-house was side ways, so that we could see across between the ass and him. I saw his face more distinctly when he came under the lodge for his pails.

Prisoner's defence.

They would have made it up if I would give them half a crown.

For the prisoner.

Sarah Cross . I keep the Cow and Calves as was, it is now the Coach and Horses; the two Piggots came and brought two tubs with yeast; they said they would carry it down to Knights-bridge, and see if they could find an owner for them; just as they were going out at the door, the prisoner came in; he asked them what they were going to do with his tubs? they told him if he would stop, they would tell him the whole affair: he went in and sat down; they told him they saw a man in action with an ass, that he made off and they took the pails; he called for a pot of beer; they drank with him, and they parted good friends; he said his man was gone to London.

Q. Did they accuse him with being the man?

Cross. After they had changed a few words they looked in his face and said you look like the man; he said, no, it was John.

Q. Do you know any thing of this John his journeyman?

Cross. No.

Q. Had you seen the prisoner that morning?

Cross. I might have seen him, but not to have any knowledge of him; I have known his friends many years; he has a wife and children; his wife is with child now.

Q. Did you hear what bargain the prisoner and the Pigotts made about meeting any where?

Cross. No; they asked him if he was the man's brother, for he was like him; he said, no, he was a journeyman baker that was out of place, and his name was John.

Q. You have often seen the prisoner, I suppose?

Cross. Yes, I have seen a person go by for yeast; I do not know him; I never took much notice of him.

Lydia Langley . I am the prisoner's sister.

Q. What time did your brother go out on Monday morning?

Langley. Between six and seven.

Q. How was he dressed?

Langley. In a fustian waistcoat.

Q. What time did he come home?

Langley. About ten.

Q. Had he any coat on when he came home?

Langley. No, he came home in the same dress.

Q. Are you sure of that?

Langley. Yes.

Q. Did he go out again after that?

Langley. He came in and asked whether the man had brought his pails home; we said no; he dressed himself and went out again.

Q. What man did he mean?

Langley. A man that came with him on Saturday, a middle-sized man.

Q. Where is he?

Langley. I do not know; we have not seen him since.

Q. Have you taken pains to find him out?

Langley. My sister has asked after him.

Q. How came he to dress himself?

Langley. He was going to London upon business.

Q. What cloaths did he put on?

Langley. The cloaths he has on now.

Mary Sumfield . I have known the prisoner a good many years; he always bore a good character.

Edward Sumfield . I have known him seven years, I never knew any harm of him; he is an industrious sober man; he has been married between two and three years, and lives very comfortably with his wife.

Susannah Richardson . I live at Loman's Pond; I have known him from his infancy; he always had a good character.

Alice Langley . I am his sister; I live at Knights-bridge.

Q. Did you see him on Monday morning?

A. Langley. Yes; I saw him go out with his pails about ten o'clock.

Q. Was he going to London when you saw him?

A. Langley. Yes; I believe he was.

William Cook . I live at Hammersmith; I have known him from his birth; I have been out of the country, and have not seen him lately.

Elizabeth Cook . I have known him from his infancy; I never heard any thing amiss of him.

Guilty Death .

673. (L.) James Connolly was indicted for stealing a linen handkerchief, value 10 d. the property of Richard Newhouse . ~

Guilty T .

674, 675. (L.) Henry Willet and William Moore were indicted for stealing a linen handkerchief, value 10 d. the property of William Randall , September 4th . ~

Both guilty T .

676. (L.) Lucy, the wife of James Lewis , was indicted for stealing four rabbit's skins, value 10 d. the property of John Bell , September 16 . ~

Guilty W .

677. (M.) Nathaniel Hulme was indicted for stealing a copper tea kettle, 4 s. and a quart pewter pot, 18 d. the property of Thomas Nowell , October 15 . ~

Guilty B .

678. (M.) Henry Seares was indicted for stealing six guineas , the property of John Brice , October 23 . ~

John Brice , who is house-keeper at the George at Houslow , deposed that he saw the money in his box last Monday about three o'clock, and an Wednesday following found his box broke open, and the money gone; that they searched the prisoner, and found part of the money.

Samuel Peate confirmed this account.

The prisoner called William Davey , who had known him twelve or fourteen years, Isaac Perkins twelve years, Robert Wood ten years, Thomas Bristow twelve years; Thomas Harrison ten years, William Turner ten years, Lawrence Beasey four years, and Alexander Beasey eight years; who all gave him a good character.

Guilty B .

679. (M.) ALICE CROW spinster , otherwise Alice, wife of Thomas Crow , was indicted for stealing three linen shirts, value 7 s. three blankets, value 3 s. one rag, value 2 s. three linen shirts, value 2 s. three linen sheets, value 5 s. two linen table cloths, value 4 s. five linen towels, value 2 s. a linen bed-gown, value 1 s. two pewter dishes, value 2 s. one pewter plate, value 6 d. two brass candlesticks, value 2 s. an iron trivet, value 6 d. two linen pillow cases, value 2 s. and tw elve books bound in leather, value 12 s. the property of Patrick Donnelly , Octob. 8th . ~

Patrick Donnelly . I am a hair-dresser ; I live in Bell Yard ; I was ill of a fever for a considerable time; when I got better, I missed the things mentioned in the indictment; the books were not my property; the prisoner was my servant near three months; I asked her if she had washed some linen shirts; she said she had; I examined the drawer afterwards, and there were none there; she said she had given them out to be ironed to Mrs. Smith; I went to Mrs. Smith; she had but three; six were missing; I asked her after the other things mentioned in the indictment; she ran away; I cried out, Stop thief, but I could not overtake her.

She confessed to having pawned the things as different pawn-brokers; the pawn-brokers appeared, and deposed that they had taken in the different articles they produced of the prisoner.

Prisoner's Defence.

My master was so ill, that I could not speak to him: he gave me half a guinea on the 27th, which I paid away in a fortnight; he gave me a shilling to buy some medicines; he was a passionate man; I was afraid to ask him for money, so I pawned them for to buy necessaries.

Guilty T .

680. (L.) George Humphreys was indicted for receiving two gold inside watch-cases, value 5 l. 5 s. five gold inside chased watch-cases, value 16 l. two plain gold outside watch-cases, value 10 l. twelve silver inside watch-cases, value 3 l. twelve silver outside watch-cases, value 5 l. a diamond ring set in gold, value 40 s. three silver table-spoons, value 12 s. four silver teaspoons, value 4 s. and a silver pepper-box, value 10 s. the property of Edward Burr Griffin ; he, the said George, well knowing them to have been stolen by Henry Carey * , Sept. 16 . ~

* See Number 665.

There being no evidence to bring the charge home to the prisoner, but that of George Welldon the accomplice, he was Acquitted .

681. (L.) Joseph King was indicted for stealing a woollen cloth coat, value 4 s. the property of Thomas William , Octob. 13 . ~

Guilty 10 d.

[Whipping. See summary.]

682. (L.) Anthony Giles was indicted for stealing a wooden tub, value 3 d. and twenty five oysters, value 10 d. the property of John Nichols , Octob. 24 . ~

Guilty 10 d. W .

683. (L.) William Newbrook was indicted for stealing 3 lb. moist sugar , the property of persons unknown, Octob. 4 . ||

Acquitted .

684. (M.) William Brent , otherwise Brett , was indicted for stealing one pair of diamond ear-rings, value 300 l. one gold one-side chased watch-case, value 3 l. one gold and silver hair girdle, value 1 s. one paste girdle buckle, value 20 s. a pair of gold sleeve buttons, value 40 s. one pair of silver clasps, value 2 s. two linen bags, a thread purse, value 2 d. a bank note marked K 292, value 100 l. another K 12, value 110 l. another K 14, value 100 l. another C 109, value 100 l. another C 110, value 100 l. another H 7, value 100 l. another H 117, value 100 l. another H 118, value 100 l. another H 119, value 100 l. another H 120, value 100 l. two other bank notes, value 100 l. each; two other bank notes, value 30 l. each, and three other bank notes, value 10 l. each; the said several notes being the property of Edmund Jordan , Esq ; and the several same of money upon them being due and unsatisfied; 220 guineas, 82 quarter guineas, six thirty-six shilling pieces, value 10 l. 16 s. two 2 guinea pieces, and 20 l. in money, numbered, the property of the said Edmund Jordan , Esq; in the dwelling-house of Lewis Cartier , July 19th .

A second court charges him with breaking and entering the dwelling-house of Lewis Cartier , on the 18th of July , about the hour of two in the night, and stealing the above goods .

Laay Mayo. On the 18th of July, about nine o'clock, I left a box at Mr. Cartier's containing the things mentioned in the indictment; the box was locked and wrapped up in flannel, I have the key now in my pocket; I desired Mr. Cartier to bring me some pack thread to tie it, he did; I asked him for some wax; he helped me to seal the box; I gave it him, and begged he would take care of it; he asked me what it contained; I told him papers of consequence; he said, I suppose papers relative to your law suit; I replied, they are papers of consequence, and take care of them.

Q. Did you see where the box was deposited?

L. Mayo. I cannot say; I think near the closet.

Q. What were the contents?

L. Mayo. There were twelve bank notes of 100 l. each, two bank notes of 50 l. each, and 200 l. in small notes, but of what sums I can't tell.

Q. Were there any of 10 l.?

L. Mayo. I believe there was, but how many I can't tell.

Q. What did your Ladyship lose besides?

L. Mayo. A gold chased case to a watch; there was near twenty pounds in crowns, half crowns, shillings and sixpences of particular coins; there was near 300 guineas in guineas, about 20 l. in quarters and half guineas, and six thirty-six shilling pieces.

Q. Does your Ladyship remember where you received any of the notes?

L. Mayo. I received of Walpole and Co. four bank notes, value 100 l. each, on 21st of April, 1769, and six bank notes, 100 l. each, from Mr. Batson, on 15 March, 1769; there were two notes of 100 l. each, that I have forgot where I received; and there were two notes, 50 l. each, which I had from the bank, but they could not give me the numbers.

Q. Your Ladyship is now married to Edmund Jordan Esq;?

L. Mayo. Yes.

Lewis Cartier . On Wednesday, the 18th of July, Lady Mayo brought a box to me; I put it in a closet between my bed-chamber and a parlour on the ground floor, in the presence of her Ladyship.

Q. When did you see it last, before you missed it?

Cartier. I put it in the closet about nine o'clock; I saw it when I went to bed, about eleven; it was wrapped up seemingly in an old blanket; in the morning about six o'clock, or thereabouts, perhaps before, I heard my maid cry out; I started up and asked what was the matter? she said, You are ruined and undone! You are robbed! I jumped up in my shirt and went to the parlour, there I found the cup board was broke open; at the bottom of the stair-case I found this quilt, which had been cut open; and there was a flannel petticoat (producing them) they were the quilt and piece of flannel the box was wrapped up in; and there was the sheath of a carving-knife with a fork in it, upon he quilt; the knife was not in it: I went down into the kitchen, and there I found the box broke open, and some papers, which I suppose the things had been wrapped in, were scattered about the kitchen; the contents, whatever they were, were gone; I suppose the box was forced open by running a knife, or some such thing into it; my house was broke open; the rails before the house were broke open, and the pin of the kitchen window was either broke or taken away; the shutter was forced open, and the help of my kitchen door was taken off.

Cross Examination.

Q. You say you put the box in a closet between your bed-chamber and the parlour?

Cartier. Yes; I lay in that bed-chamber; there is a little passage or closet between the parlour and the bed-chamber.

Q. Do you know whether the box was locked?

Cartier. I don't know.

William Jones . I am clerk to Messrs. Walpole and Co.; I paid to Lady Mayo four bank notes of 100 l. each, on the 21st of April, 1769; they were successive numbers, H 117, 118, 119, 120, value 100 l. each, all dated April 15, 1769.

William Scales . I am clerk to Messrs. Batson and Co.; I paid Lady Mayo 600 l. on the 15th of March, 1769, in six bank notes, 100 l. each; the numbers were, K 292. Jan, 2. - H 7, March 14 - C 110, March 2. - K 14, Feb. 5. - C 169, March 1. - and K 12, Feb. 25.

Lyon Alexander. I live in Wormwood street, by Bishopsgate-church, near London-wall.

Prisoner. I beg the favour of your Lordship to order Jones out of court, whilst this witness gives his evidence.

Court. Certainly, if you request it.

(Jones is ordered out of Court.)

Council. Give an account to the court upon what occasion you first saw the prisoner.

Alexander. About twelve or thirteen weeks ago, Jones came to my house on a Sunday; he said, how do you do, Mr. Alexander? I said, how do you do? he was dressed in mourning; he said he had an aunt lately died in Oxfordshire, that had left between three and four thousand pounds between him and his brother; he said he had took a public-house by Red-Lion-Square; I asked him to lend me five guineas to buy some things with; he said here is a guinea for you, and gave me a guinea; will you come down? my brother is standing at the corner, but don't take any notice of him, and he will take no notice of you; but walk up and down, said he, and take no notice, I will speak to my brother, and then I will give you a glass of wine; I saw his brother, the prisoner, waiting in the street; he went and spoke to him; then he came to me, and asked me to drink a glass of wine; I went with him to the White Hart Tavern; that was about eleven o'clock; it was near sermon-time, the door was just going to be shut; the waiter said we must make haste; we called for a bottle of red wine, and drank it up between us as fast as we could; he made me drink most of it; then we took a walk; he said, let us go and see the two men hanging in chains upon Bow Common; we went there; there was nothing more passed then. On the Sunday following he came to my house again; he said he had spoke to his brother about lending me five guineas, but he would not do it, but he would give me a moidore; he said, I keep a public house; don't make yourself strange; call now and then, and have a pint of beer, and eat a bit of bread and cheese: I called once or twice, and drank with him; some time after that, Jones came to me, and asked me if I would buy a parcel of bank notes; I said I would go and enquire for a purchaser; I went down to one Hart, one of our people, at Wapping, who kept a shop, half a silver-smith's, and half a shop shop; I asked him; he said he would buy all there was; I went and told Jones of it; I asked him how many there were; he said six hundred pounds, and a ten pound; he said, do you think the man has got money enough? I told him yes; he said he had not got them now, they were out of town; he asked me to go with him for them; when we had walked about two miles, we got a lift for seven or eight miles in a post-chaise; when we had walked about a mile and a half, we came to a field-gate about half a mile from Welling; Jones said, we will stop here; in about ten minutes a country dressed man came up and asked him how long he had been there; he told him ten minutes; he bid him come into the field under the hedge, and he would give him the things; they went and sat upon the grass; he took them out of different pockets; there were five or six small parcels done up in rags or paper nes gave me three parcels to put into my waistcoat pockets; the man did not stay three minutes; Jones and I came home together, and I gave him the parcels; he bid me call at his house in the morning; I did; and from there we went to Wapping; I asked Jones what I should have for my trouble, if he sold the bank notes; he said, let him tell them for what he would. I should have sixpence in the pound of what he sold. One Charles, a dyer, went in the coach with us; he did not know our business; we left him at a public house. When we came to the house, they desired us to go up stairs, which we did; Hart asked to see the bank notes; I can't be positive what Jones asked for them, but he said, I will give you three hundred pounds for the six hundred and ten; Jones refused that; then he offered 300 guineas, and Jones agreed to it: he went into a little room and brought the money to him out in bags, 100 l. at a time; then Jones offered him the diamond ear-rings, and asked twenty-four or twenty-five guineas for them; the man bid him ten; he said he would not take that, and he put them in his pocket again. I forgot to tell your Lordship, that when I went to ask the man if he would buy the notes, he bid me not tell him that he belonged to the shop, but that he was a Dutch captain. The next day I called upon Jones; he gave me 15 l. that is six hundred sixpences; the Jew that bought them gave me a guinea.

Q. Did Jones give you that money openly before the prisoner?

Alexander. No; he told me his brother said he gave me five pounds too much.

Q. Did the prisoner say any thing of that sort to you?

Alexander. No; he bid me call again; I did, and there the prisoner and Jones were together; Jones gave me the ear-rings; he said, take them, and let the Jew have them; I carried him ten guineas for them; then he gave me a large piece of gold, foreign coin, he said he would have five guineas for it.

Q. Do you know what piece it was?

Alexander. No; it was foreign money; I got six pounds for it; the Jew told me it was a six pound fifteen shilling piece, so we were to have fifteen shillings a piece. There was also a pinchbeck watch, and a gold case; the outside watch-case was gold, chased. I went to Jones's house, and whilst Jones was called away, the prisoner said, I have three or four hundred pounds worth of bank notes; I will give you the same for disposing of them as my brother has done; I said, very well; he bid me not mention it to his brother; he said, I know where you live, I saw you come by that day my brother was with you, I will call upon you; he called the next day, or the day after that, and brought three notes of 100 l. each; I asked him to go with me as his brother did; he said I don't care to be seen by the man; he went to the White Bear near the house, and waited for me; the man gave me 150 guineas for them; the prisoner bid me give him the money under the table, which I did; and then as we came over Tower Hill he gave me seven guineas; he said the money comes to seven pounds ten shillings, but we shall not stand for three shillings; he bid me meet him in a day or two at the Two Blue Posts in the Hay-market, about four o'clock; I went there in a coach from home; I was not five minutes in the house before the prisoner came in; he said he would take a coach, and give me the note in the coach; he bid me bring him the money in two or three days; we went into the coach, and he gave me the note; when we had rode about two hundred yards, he got out; I thought I could get more for the note; I went and asked another Jew if he knew any body that would buy a bank note; this was on Tuesday; he and another Jew brought a gentleman to buy the note; it was Mr. Maddox; he asked to see the note; I told him I had not got it then, I should have it on Friday; he said, don't he afraid, I have got money, and pulled out a purse of money; the two Jews came again; the name of one was Harry, the other Marks; I gave the gentleman the note, and he put down seventy pounds; he said he had no more money about him; I gave the two Jews three guineas each; the prisoner came to my house on Sunday, and said, I thought you would have brought me the money; I told him it had been ready ever since Friday; I gave him forty-seven guineas and a half, and half a crown, which made fifty pounds, the price the rest sold for; I had nothing then; he threw down half a guinea for the children; a relation of mine, Isaac Bakaruk , was present.

Isaac Bakaruk . I am cousin to the last witness; I was at breakfast with him when the prisoner came for the money; Alexander said to him, what makes you look so cross? he said, why did not you send me the money? Alexander said it is in the drawer ready; he staid breakfast; then the prisoner sent me for a quartern and a half of the best anniseed; he bid me keep the change, which was seven pence halfpenny. He took half a guinea out of his pocket, and said Mr. Alexander this is for your child.

Q. You say he was cross, what did he say?

Bakaruk. He said you did not use me well in not sending the money for the Bank note.

Q. What are you?

Bakaruk. I travel the country with Mrs. Alexander, and carry her goods.

John Jones . On Thursday morning, about twelve weeks ago -

Council. Now be careful to speak the truth, the whole truth, and nothing but the truth.

Jones. I will. On Thursday morning, about twelve weeks ago, when I was a-bed, the prisoner came and knocked at my window; I live in Hackney road; I lie upon the ground floor. I got up, and let him in; then he told me he had got a prize; he opened them in my room, to the amount of 1000 l. but not all in hundreds, and there was about 150 l. in guineas, 16 or 20 l. in 5 s. 3 d. piece, I can't positively say the number of them; there were also crowns, half crowns, and shillings; there was a chased gold case to a watch; a pinchbeek metal watch, some plate, and a pair of diamond ear-rings; he told me he got them somewhere by Leicester-fields, I think he said at a prisoner's. I went to Monmonth-street, and bought a suit of black, the prisoner bought nothing there; after that, at the bottom of the street we bought some shirts and silk stockings; then we went to Holborn; there we bought a hat and hatband a piece. I parted with him in Holborn, and went home; there were two or three, men at the door that I was rather dubious of. I went to the butcher's in Bishopsgate-street; I went to buy something for dinner; while I was in the butcher's shop I saw the men pass by; they turned back again; I was afraid of them; I went to my sister's, and sent home to know if any body had been there; I found there had not. On Thursday my brother and I dressed ourselves in mourning; we look a coach in Cheapside, and went to the General Wolfe in Oxford Road; that was about three o'clock: we took a post chaise to the King's Arms at Uxbridge; we drank some coffee there, and then went to Hamersham; we lay there that night; when we got up in the morning we changed a 50 l. Bank note; we had 10 l. in cash, and a draught of about 32 l. 14 s. it was 12 l. odd money. From there we took a post-chaise to the George at Aylesbury; there we changed a 100 l. note. We took a post-chaise and four there to Thame; there we changed a 100 l. note. We took a chaise with four horses to the Crosses in the corn market Oxford, there we changed a 100 l. note; from there we went to Abingdon, I can't remember the inn; there we changed a 100 l. note; from there we went to Benson; they could not change a 100 l. note there; I asked them to give the post-chaise boy an order to change the note at the next inn, which he did, and we received the money. From there we went to Henly; we went to an inn on the left hand side of the bridge; I forget the sign.

Court. It is the Red Lion.

Jones. I believe it is the Red Lion; we changed a 100 l. note there. From there we went to Mr. Marsh's at Maidenhead; changed a 20 l. note; these were all the notes we had with us. From thence we came to London; that was on Friday night; we bid the post-chaise boy drive us to the first coach in Piccadilly: we took a coach to Shoreditch church. When we came through the bar at Shoreditch, we heard the mail was robbed; we had agreed to go out the next day to change the rest of the notes, but upon hearing this we thought it not safe; we lay that night at my house in Hackney-road. The next day we went to a brother-in-law's at Welling, Joseph Brent , own brother to the prisoner; my brother told him there were some things at my house that he would be glad if he would fetch them; he did not tell him particulars. He came to my house on Sunday and took the things; they were locked up in a little box; he did not know what the contents were; the key was left with me. About a week or a fortnight after this I took a house in East-street Red-Lion-Square, the sign of the Burk's Head; I was appraised in there on Monday a week or a fortnight after this. The next Sunday after I was there Joseph Brent came to town; he said he was uneasy, and should be glad if we would fetch the things away. On Monday Alexander and I went to fetch them; he brought us the things about half a mile this side Welling. I had agreed on the Sunday before to sell the notes to Alexander; I went with Alexander next Sunday to sell the notes; we had then to the value of 610 l. I sold them at Iron Gate to a silversmith, I believe the man was, for 300 guineas.

Q. Was the silversmith a Jew or a Christian?

Jones. Alexander told me he was a Holland merchant. Alexander was to have 15 l. I carried the notes and the pair of diamond ear-rings in my waistcoat pocket; the house was shut up so dark that I could hardly see my way up stairs. A woman at the bottom of the stairs spoke to the Jew, I suppose in Dutch; I went up stairs; the man was in a sailor's dress, with trowsers and a jacket on, and his hat flapped over his face; he spoke to Alexander in some foreign language. Alexander told me afterwards, he asked who I was; I gave him two 100 l. notes, and he fetched 100 guineas in a bag out of the next room. He fetched another 100 guineas, and I gave him two 100 l. notes. I gave him 210 l. for the last 100 guineas. I left Alexander with him, as he wanted to see if he could not get something more for his trouble. I told Alexander to come to me next morning for his 15 l. which he did; I gave him 15 l. and 6 s. over. The man offered me ten guineas for the ear-rings; but I would not take it. I asked him, I think, 30 l. I had 80 l. in draught notes; I asked him if he would buy them. He advised me to born them for fear of the consequence. I received one of the draughts at Lewisham, and all the rest, I believe, at Oxford, and on the road, in change out of the bank notes. Alexander asked me afterwards if I would sell the ear-rings. I told them to him for eleven guineas, but he paid me but ten for them. because he said he had but ten. I sold the gold and the metal watch to Alexander.

Q. There were some guineas, moidores, half crowns, and some bank notes seized at your house; whose were they?

Jones. Part of them were my own money, about 20 l. the rest was part of what my brother gave me for my trouble, about a fortnight before I was taken up. There was a 30 l. bank note I gave cash for to a neighbour; there were six or seven moidores and eighty guineas; there were some crowns and half crowns.

Q. Have you the numbers of any of the notes you changed upon the road?

Jones. There was No. 117, 118, 119, and 120, or 200, that I am sure of.

Q. Do you know what letters?

Jones. I do not; I intended to set down every number, but I did not.

Q. Was the note you changed at Maidenhead Bridge a 20 l. or 100 l.

Jones. A 20 l. I am positive.

Q. What business is the prisoner?

Jones. He was an apprentice to a barber; he used to follow smuggling with Mr. Mattison.

Q. Do you know any thing of the things seized at your brother's house?

Jones. Only some handkerchiefs, which he said he had bought.

Cross Examination.

Q. Has not the prisoner lived in service?

Jones. Yes, three or four years; I married his sister.

Q. Do you know whose service he has lived in?

Jones. He lived with Mr. Keene, the architect; he came there when I went away; it may be three years ago.

Q. Where did he live afterwards?

Jones. I did not see him for a year: I believe I have seen him at Mr. Mattison's.

Q. Don't you know he was in partnership with him?

Jones. Yes.

Q. You have seen them sell china, or the like?

Jones. I have seen a great deal, which they said they bought.

Charles Fowler . I keep the Crown Inn at Hammersham; the prisoner and the last witness came to my house on the 19th of July, about six in the afternoon; they were both dressed in morning.

Q. Did they tell you who they were, or their business?

Fowler. No; I changed a bank note of 50 l. I gave them a bank note of 10 l. and a draught of 12 l. 14 s. and 27 l. I paid the note away to my brewer; it was No. 209, 10th of June, 1769. payable to Abraham Newland or bearer, signed John White ; they went away between five and six in the morning in a chaise, to the George at Aylesbury.

Council for the crown. Your Lordship remembers Lady Mayo said she had forgot the numbers of the two 50 l. notes.

- Sherret. I keep the George Inn at Aylesbury. Two persons in mourning came to my house about 9 in the morning, in a post-chaise from Hammersham. I changed them a 20 l. bank note; I declined changing an 100 l. note. They hired a post-chaise to Thame; I can't recollect their persons.

- Powell. I keep the Red Lyon at Thame. The prisoner and another man came to my house on Friday the 20th of July in the morning, about ten or eleven o'clock, in a post-chaise and four from the George at Aylesbury; I changed them a 100 l. Bank note; they said they had only 18 d. left; I changed it with a 50 l. three 10 l. Bank notes, and 20 s. in money; I don't know the numbers of any of the notes.

Q. Are you sure the prisoner was one?

Powell. To the best of my belief the prisoner is the man I changed the note for, but not the man I transacted the business with; they were both dressed in deep mourning; they ordered to be drove to the Crosses at Oxford.

Cross Examination.

Q. You say the other was the acting man?

Powell. Yes; I gave him the money.

Benjamin Hart . I am a waiter at the Crosses inn at Oxford.

Q. Do you know the prisoner, or Jones the evidence?

Hart. No.

Q. Do you recollect any persons in mourning changing a Bank note at your house on the 20th of July?

Hart. They came about one o'clock from Thame. One was rather tall, the other shorter; both of them young men; they asked me to get them change for a 100 l. Bank note. I went and got the change, and gave it them in two Bank notes, two or three draughts, and five guineas in cash. They went away about two in the afternoon for Abingdon.

- Powell. I keep the Crown and Thistle inn at Abingdon. Two people came to my house from Oxford in mourning, on the 20th of July, or thereabouts; I have no idea of their features. I changed them a 100 l. Bank note; I gave them a 20 l. Bank note, and 80 l. in cash; I don't remember the number of either of the notes; they staid about half an hour, and then went for Benson.

- Shrubb. I keep the White Hart at Benson. The prisoner and Jones came to my house on Friday the 13th of July, about three o'clock; they asked me to change a 100 l. Bank note. The post-boy told me they had changed a note at Abingdon; and changing their horses at only six miles, gave me some suspicion of them; I told them I could not conveniently change it; it made me take notice of them, that I am positive to the prisoner.

- Marsh. I keep the Red Lion inn at Henly. I changed a 100 note for two people the 13th of July, but I can't remember their persons; they went to Maidenhead.

John Marsh . I live at Maidenhead; I am Father to the last witness. Two young men in mourning came to my house; I believe my wife changed a Bank note for them. I don't recollect their persons. They had a chaise with four horses to the Rose and Crown at Hounslow.

Jane Hunter . I am servant to Mr. Cartier. I got up at six o'clock the morning of the robbery I found the street door open, and the house was broke open.

Mr. Maddox. I am a broker. Alexander came and asked me on the 5th of September if I would buy a 100 l. Bank note; that he could get it for 70 l. I suspected it was stole out of the mail. I told him if he would call upon me in the afternoon. I would give him an answer. I went to Sir George Amyand 's, my banker, for advice; I learnt that Lady Mayo had been robbed of some Bank notes. Her ladyship gave me the number of her notes, and requested me if the more appeared to be one of her's to buy it. Alexander came to my house; I put him off till next day whilst I obtained the numbers of the notes of Lady Mayo. I went to Duke's Place; he and another Jew came and said they had not got the note then, but I might have it in the afternoon or next day. I found they were afraid of me; they seemed to dispute whether I had the money; I shewed them the money. I went with them to a back room in the King's Arms alehouse; I laid down 70 l. Alexander bid the other man tell it; then Alexander took the note out of the knees of his breeches, and gave it me; this is the note. (producing it) it is K 292, Jan. 2, 1769, value 100 l.

A box produced by Mr. Gregg the under sheriff, which was delivered into his custody sealed, from the Rotation Office.

Charles Cuthbert Carlton . I saw the things put into the box, and saw Lady Mayo seal it.

Lady Mayo. I sealed the box with my own seal; the seal in rather defaced, but it has not been opened.

John Kirby . I sealed the box in two or three places; my seal remains very plain. We found in a bag at Jones's house 80 guineas and six moidores in an old cannister, ten crown pieces, and seventeen half crowns, at the prisoner's lodgings in the Hay Market. We found in one box ten guineas, which belonged to Daniel Brunt , which we gave him; in another box or trunk, which belonged to the prisoner, there was 54 guineas. From thence we went to a house which the prisoner was furnishing in Half-moon-street, Piccadilly, where we found bank notes to the amount of 285 l. We took them to the Justice's; the prisoner said before the justice, that he found the notes as he was crossing from Long Acre to Queen-street.

Q. Did he say what these notes you found were?

Kirby. He said they were the produce of the notes he found (The box is opened.)

Lady Mayo. Here is a Danish piece of silver I have worn for a pocket-piece many years; and here are two half crown pieces I can swear to.

James Galloway deposed, that he was with Mr. Kirby whom they made the search, and confirmed his evidence; and that he was with Mr. Clay in the coach with the prisoners where the prisoner confessed that he committed the robbery himself.

Mr. Samuel Clay . The prisoner voluntarily confessed that he broke the house open himself; and nobody was with him.

Q. Did he say how he got intimation of the things being there?

Clay. No; I did not attempt to sift him in any thing.

Cross Examination.

Q. Where did he tell you that he committed the robbery?

Clay. We were in a coach; I believe it was in Long Acre.

Q. Had there been any conversation before he confessed?

Clay. None about it. I will say upon my oath, no use was made of any persuasion, or offers of pardon, whatever.

Q. Can you recollect the very words?

Clay. He said he did break the house open himself, and did commit the robbery himself. I then asked him if Jones was concerned with him; he said, No; not any other person.

Prisoner's Defence.

What the last gentleman said is very false; they said to me as I was coming in the coach to Newgate, that if I would confess I broke open the house, they would admit me an evidence. I said, I could not say what I did not know, for I knew nothing of the robbery. They asked me if Jones knew any thing of it; I said, No; no more than I do.

Court to Mr. Clay. Was any thing said to him about being admitted an evidence?

Clay. It is not true, my Lord.

To the prisoner's character.

- Quin. I have known the prisoner six months; he is a quiet sober young man. I went to Mattison's to buy goods; I believe the prisoner was in partnership with him.

Guilty . Death .

685, 686. (L.) Patrick Barton and Edward Powell were indicted for stealing 200 lb. of lead, being fixed to a certain building belonging to the mayor and corporation of London , October 9 . ||

The lead was part of an old water-pipe, stolen from Aldermanbury ; but the proof of its being the property of the city, was defective.

Both Acquitted .

687. (M.) Elizabeth Warner , spinster , was indicted for the wilful murder of her female bastard child, by strangling it , August 25 . She likewise stood charged on the coroner's inquest for the said murder. *

Mrs. Smith. I am a midwife; I was sent for to the prisoner on the 25th of August by the officers of the parish, on a suspicion of her having been delivered of a child. I found her in the kitchen; I asked her how she did; and told her I was come to examine her upon a suspicion of her having been delivered of a child. She first said, she had had no child; she at last confessed she had miscarried; and said she was three months gone. She said she was at the vault, and it dropped from her as she sat. I asked to examine her; she said I should not. I examined her breasts, and told her I was sure she was farther gone than she had said. I advised the officers of the parish to send for Dr. Underwood. He came and examined her; he said, she had had a child. The prisoner said it was down the vault; we went to see if there was any child in her room. There was a box locked; I asked her for the key; she would not let me have it till I threatned to break the box open. I opened the box, and found a parcel of dirty things. I found the after-birth in a leather pocket. I looked farther, and found the child wrapped up in one of the prisoner's shifts and petticoats, dead. It was a female child; there was no mark of violence upon it; it had a membrane over it down to its breech; the blood was then fresh in the navel-string.

Q. Was it warm then?

Smith. No.

Q. Could you judge how long it had been born?

Smith. I should think from the appearance, not many hours; she said she miscarried on Thursday.

Q. What do you infer from this membrane?

Smith. It was owing to a very quick labour. I went into the kitchen to her, and asked her if she had any child-bed linen prepared; she said, No.

Q. You said the child was in a shift?

Smith. That was the prisoner's shift.

Q. Was the child at its full time?

Smith. I think it was: it was a very fine child, I saw her again the next day; I asked her how she found herself upon the child's coming into the world; she said, she helped it into the world.

Q. Could you tell whether it was born dead or alive?

Smith. I could not tell that.

Cross Examination.

Q. You say she said she was about three months gone with child?

Smith. Yes.

Q. After that I believe she said it might be four or five months?

Smith. Yes; she might be four or five months gone; that was the most.

Richard Jones . I was sent by the overseers to fetch Mrs. Smith the midwife. The prisoner was very obstinate, I believe for an hour; I stood upon the stairs and listened. They sent me for Mr. Underwood; Mr. Underwood staid, I believe, three quarters of an hour; after that Mrs. Smith got out where the child was. I was up stairs with her when she found it; I took the prisoner to the work-house.

Catherine Mole . The prisoner lodged at my house at the time of this affair; she had been at my house just ten days when this affair happened. A gentlewoman in the house and I suspected her; I asked her if she was with child; she said, No, she was not with child, not married.

Q. What condition of life was she in?

Mole. I believe she had been a servant. I was acquainted with her sister, which was the reason I took her; she said she wanted a lodging for a fortnight or three weeks. She came down stairs on Tuesday, and had a pennyworth of twopenny; she looked very bad; I told her she looked very bad and very ghastly. I thought she was in labour; I sent my child up to her, to tell her I should be glad to speak with her, if she could come down. She came down, and sat upon a chair; when she got up, I thought something was the matter; I went up into her room and asked her; she said she had miscarried; I asked her where it was; she said, in the necessary; and that she was only three months gone. She came down stairs every morning to her breakfast. On Saturday morning she was very bad, the sweat ran down her face like rain; she appeared to be very weak; I suspected there was something more than a miscarriage. I went to Justice Wright's; he desired me to go to the overseers of the parish, and acquaint them with it.

Q. Can you tell from what you observed, what day she might be delivered?

Mole. I can't say; I thought on Thursday, because she told me then she had miscarried.

Cross Examination.

Q. Was any other lodger in the house?

Mole. Yes, Mrs. Milbourn and Mrs. West; both married women.

Q. Was Mrs. West's room near the prisoner's?

Mole. Yes, it joined to it; there is only a partition between.

Q. Where is Mrs. Milbourn's room?

Mole. The two pair of stairs, just under the prisoner's.

Sarah Milbourn . I lodge at Mrs. Mole's house. I saw the child taken out of the box by the midwife. I observed the prisoner to be with child before; I thought he was coming to the Middlesex Hospital to lie in.

Q. Did you observe any marks of violence upon the child?

Milbourn. No; it was a very fine child; it had a cawl over it.

Cross Examination.

Q. Did you in that week hear any thing like a child's crying?

Milbourn. I can't say I did.

Dr. Underwood. I was called to the prisoner. After a great deal of difficulty she was prevailed upon to go under an examination. I examined her, and was clear she had been delivered of a child at more than five months, a child at least six months grown. I did not see the child till the coroner's inquest sat, which was three or four days afterwards. There was a little circle round the neck, but no more than what might be in any part of a body that had lain some time. I believe it was a mark formed since the death of the child, by one part of the body falling over the other.

Q. Could you judge either by the examination of the woman, or the size of the child, whether it was come to its full time?

Underwood. I don't doubt it.

Q. Can you judge whether it was born dead or alive?

Underwood. I made the experiment upon the lungs. It is usually supposed that if the child is still-born, and the lungs have not been inflated with air, that they will sink; and that if the child was born alive, and the lungs inflated with air, that then they will swim. I tried part of the lungs in a bason of water, and they swam; but I told them before the experiment, that as the child had probably been dead four or five days, that the general air would in that time be let loose from the body, and the lungs might swim. I thought if it turned out in favour of the woman, it would be a proof that the child was still-born.

Q. You don't reckon that experiment to be decisive from the child's having been dead so long?

Underwood. No, I don't. If the child had been born alive, it would infallibly have died. From no ligature being made upon the navel-string, it would bleed to death.

Q. Could you judge whether the child died by the loss of blood from the navel-string?

Underwood. I should not have supposed by the appearance of the body, that it had lost any great quantity of blood; the body was red.

Q. If it had died from the not tying the navel-string, it would have lost a great quantity, I suppose?

Underwood. Yes; I never saw a child that died by the more loss of blood.

Q. How soon would the child have died, if it had died by the loss of blood?

Underwood. It would have died in a quarter of in hour.

Q. How much blood do you suppose might come from the child in that quarter of an hour?

Underwood. Five or six ounces, I should suppose.

Q. So you can't form any opinion whether it was born dead or alive?

Underwood. I own what the woman said to me had some weight. She was going to say something to me, and said she hoped I would be favourable to her. I begged her not to tell me any thing that would do her hurt. I told her she knew whether she was guilty or not; and if she was guilty, her best way would be to go away directly; she said, she would.

Q. She did not go away?

Underwood. She was guarded.

Q. Will you say that in your judgement the child was born alive?

Underwood. I cannot say.

Q. Mrs. Smith says there was a membrane about the child; was it when you saw it?

Underwood. No, it was taken off.

Q. What was the cause of that membrane?

Underwood. The labour must have been exceeding quick, or that membrane would have parted, and have turn off before the child was born.

Q. What do you mean by the labour being quick?

Underwood. That the actual birth succeeded the first pains very soon.

Cross Examination.

Q. How long did the prisoner tell you she was gone?

Underwood. She said four or five months.

Q. Are not quick labours often fatal to the child?

Underwood. Long labours destroy a great number of children; but a great many more children are lost by exceeding quick labours; the safest labours are of seven or eight hours.

Prisoner's Defence.

I was but six months gone; I thought I had three months more to come.

For the Prisoner.

- West. I lodged at Mrs. Mole's, the next room to the prisoner; there was only a this door between her room and mine.

Q. Did you hear any noise of a child's crying, or any noise whereby you might know that a person was in labour?

- West. I have heard people speak in the room, but I did not hear any noise; I was not out of my room an hour from Thursday to Saturday.

- West. I am husband to the last witness; I was at home between twelve and one that day; I did not hear a child cry.

Mr. Allen. I am overseer. I sent for the physician and midwife; I was with the midwife in the kitchen, when the prisoner seemed a good deal confused, and indeed she seemed to be in liquor; I asked her to let the midwife examine her; she said she did not chuse it.

Charles Johnson . The prisoner lived with me nine months, and was a sober, honest, good servant.

- Lewis. I have known the prisoner from a child; she always bore a good character.

Acquitted .

688. (L.) James Tompion was indicted for the wilful murder of Matthew Wright , by driving his coach over him, and thereby giving him several mortal wounds and bruises on the belly, stomach, head and back, of which wounds and bruises, he, the said Matthew, instantly died , October 4 . *

John Waite . I was in Bishopsgate-street ; I saw two hackney coaches driving as fast as they could. The deceased was crossing the way with a heavy load of greens and turneps, opposite Half-moon-alley, in Bishopsgate-street; the pole threw him down, and the wheels went over some part of his body; the man died very shortly afterwards. The coach drove on full gallop; at the time he ran over the deceased, he was turning his head to see if the other coach was up to him.

Q. Did either of them call out?

Waite. No; when I first saw the deceased he was about six feet from the coach; he was about six feet from the foot-way.

Thomas Hant . I was coming down the gateway of the Fox and Hounds in Bishopsgate-street; I saw a coach on the same side as I was, go by me very quick, and a coach on the other side of the way; they seemed to drive against one another; it was the coach on the other side of the way that did the mischief. I saw the deceased crossing the street with a load upon his back; it appeared to me that either the pole or the horses threw him down; the fore near wheel went over him about the stomach, the hind-wheel went a little lower, and that turned his body over, I called out to stop the coach, and I ran as far as the church, I could run so farther; then I walked, and saw him turn down Threadneedle-street.

Q. Are you sure the prisoner is the man?

Hunt. I cannot undertake to say that.

Rebecca Williams . I was crossing the way the same time as the deceased; the coach drove very furiously. I turned back when I got on the path-way, and saw the pole of the coach, on one of the horses, strike the deceased on the right side; when he was knocked down he fell upon his face, the hind-wheel turned him round. I did not observe the coachman's face so as to know him again.

Richard Wild . I live opposite the London. Work-house, Bishopsgate-street; one of my men told me a man was killed; I ran out of the shop; Mr. Hunt gave me the alarm of the man, and I pursued him. Seeing me after him, he drove faster and faster; when I came out he was about six times the length of a coach and a pair of horses from the deceased. I pursued him into Threadneedle-street; about the middle of the street he looked back; I was sensible he must hear the cry; then he droves into Bartholomew-lane; there was a cart stopped him; I caught hold of the bridle of his horses, and asked him how he could for shame drive away? he was frightened; he at first had not power to speak; afterwards he said he was very sorry. He said he could not stop his horses; I think, he said his pole-piece was broke.

Q. to Mr. Hunt. You remember Mr. Waite's pursuing a coachman? Was that the coach that had run over the deceased?

Hunt. Yes.

Mr. Saffroy, the surgeon, deposed, that the deceased was brought to his house, and died in a few minutes; that there was a confused wound upon the right side of his head, which he believed to be the cause of his death.

Simon Silvester . I was at Mr. Saffroy's at the time the deceased was there; he lay upon the floor, with his head bolstered up. I asked him his name; he told me, Matthew Wright . I asked him if he had any family; he said no more, and expired presently; the gentleman here brought the prisoner back; he condoled with the poor man open the floor; he almost laid himself upon the floor by him, and appeared to be very sorry for what had happened.

Nathan Cooper . I saw nothing of the accident. I was at Mr. Saffroy's when the prisoner was brought back; he confessed he did it, and seemed very much affected; he said he was willing to go any where with an officer, or any body else. He said it was entirely out of his power to stop the houses; I believe he said his reins were broke.

Prisoner's Defence.

The reins and the pole-piece were broke; my horses ran away, and I could not stop them.

For the Prisoner.

John West . I am the constable. When I was taking the prisoner to the Compter, I asked him why he did not stop his horses; he said he could not, because his reins were broke; I did not see the coach.

Isaac Manwaring . I am a saw-maker; the prisoner worked with me two years and upwards; he is a quiet sober, fellow, as far as I could hear.

- Squire. I am a saw-maker in Wardour-street. he prisoner worked for me a twelve-month; he behaved as well as a man could.

John Horne . I keep the London Spaw. I have known him four years; he is a very honest, humane, good natured man.

David Rees . I am a publican. I have known him two years; he bears a very good character; he has lodged at my house.

Edward Jones . I have known him a twelve-month; he is a sober quiet man.

John Bash . I have known him two or three years; he is a very honest man; I don't believe he would hurt any body wilfully.

Nathaniel Abbis . I have known him twelve or thirteen years; he bears a very good character.

William Stanbridge . I am a master coachman. The prisoner drove for me a twelvemonth; he behaved very well; I never had any complaint of him.

Guilty of Manslaughter . B . and I .

689. (L.) Rich. Morgan, otherwise Morgan Rowland , was indicted for stealing a leather pocket-book, value 6 d. the property of James Hoare , and a bank note, K. No. 674, value 20 l. and a promissory note, dated 10th of May, from Miss. Frame and company, value 20 l. payable to Colson Scotto, Esq. or order, the same being due and unsatisfied , the property of the said James, October 6 . ~

James Hare , who is a woollen-draper at Henley upon Thomas, deposed, that on the 6th of October be was at Mr. Moore's upon business, and that be left his pocket-book.

Henry Topham , who is a partner to Mr. Moore, deposed, that he saw the pocket-book tying upon the desk by the prisoner, after Mr. Harts was gone; that he took it to be the prisoner's own; that he sent him on an errand to Drury-lane.

George Soley deposed, that he was sent by Mr. Hoare, to Mr. More's for his pocket-book, and it could not he found.

Mr. France More, who is a draper in Cheapside , side, deposed, that Mr. Hoare had been settling accounts with him: that when he was at dinner, word was brought up to him that Mr. Hoare had lost his pocket-book; that he went down and examined his servants, was denied knowing any thing of it; that he then suspected the prisoner; that the prisoner was then out; he went to his lodgings and found nothing there; that be desired Mr. Sanderson to tell the prisoner somebody wanted with him at the Star in the Old Change; th Sanderson informed him the prisoner was Star; that he went there; he desired the pr to go up stairs; that he then challenged him with having Mr. Hoare's pocket-book, to which the prisoner replied, No, I have not got Mr. Hoare's pocket-book. I have not seen it. He said this made him very warm; that he desired Mr. Sanderson to fetch a constable. As Mr. Sanderson was going, the prisoner said, you need not go, here is the pocket-book, and laid it down upon the table.

Upon his cross examination he was asked, whether he had not given warning to several of his servants because they thought well of the prisoner; to which he answered, that he had given warning to two of his maids; and that his man having a fancy to one of them, had given him warning.

William Sanderson confirmed Mr. Moore's evidence of the prisoner's denying the pocket-book, and delivering it when he was going for a constable. He said farther, that the prisoner was coming to Mr. Moore's when he stops him, and told him somebody wanted him at the star.

The prisoner in his defence said, that he took it to take care of it for Mr. Hoare.

He called Mary Stevenson and Sarah White , his fellow-servants, who had known him, seventeen months, who said, they believed him to be very honest. Robert Peart , who is a servant to Mr. Moore, who had known him sixteen months; John Dent , thirteen months; Thomas Harrison , thirteen months; and John Watkins , the years; who all gave him a good character.

Acquitted .

690. (L.) James Simpson was indicted for stealing eight pounds of moist sugar, val. 2 s. the property of persons unknown, September 17 . ~

Guilty 10 d. T .

691. (M.) John Barney , school-master , was indicted for the wilful murder of William Poole , an infant twelve years old , by beating and forcing his head against the waistcoat of his school-room, on the 8th of October , where by he received on the right side of his head, above the right ear, a mortal structure, of which he languished from the 8th till the 9th of October, and then died . He stood charged on the coroner's inquisition for manslaughter. *

Patrick Dailey , who is sixteen years old, Arthur Dunbar , eleven years, and Martha Griffiths , all scholars of the prisoner, deposed, that the deceased was reading his lesson of his master, the prisoner; that he read it very hardly, upon which he struck him upon the head with his open hand, which hit his head against the being chimney; that the deceased complained of his head; that he went down stairs and vomited; that he came up again into the school, and looked very badly; was soon after taken sick; that his master set him a sum, which he was not able to do, that he staid at school till five o'clock, and then went home. They were asked if the prisoner was in a great passion; they said, he was not. They were asked if the How appeared to be given with great violence, which they answered in the negative, and that the deceased was very careless about his learning; that the prisoner took more pains with him than with any other of the scholars. and used to say, it went against his heart to beat him; and also, that the prisoner was a very good tempered man, and behaved very well to his Scholars.

Matthew Cogan , who is a servant of Mrs. Poole, deposed, that the deceased came home from school very ill; that he was put to bed, and died about two next morning.

Dr. Hunter. I saw the deceased after his death; I did not see him before. I went to see him on Wednesday the 10th; I opened the other parts of his body, but when I came to his head, I examined if there were any external marks of violence; I could not observe any: then I scalped it; I sawed the skull, and then I observed a large quantity of extravasated blood coagulated, lying between the skull and the first membrane of the brain, or that which immediately lines the skull. I then served the membrane from the skull, more than the breadth of my hand and fingers; the blood was of the thickness of about an inch and an half. I then examined the skull itself; upon its inter surface there appeared below where I had sawed, a piece of the skull projecting in wards, I suppose about the bigness of a sixpence in the whole. Then I observed the outside of the skull opposite to this piece of fractured bone, and still there was no marks of violence, till I came to the very skull itself. There were all the appearances: there was upon the outside of the skull a dent answerable to the inside appearance.

Q. From these appearances do you or not believe that the blow you have heard described was the cause of this young gentleman's death?

Dr. Hunter. Without a doubt the extravasated blood was the immediate cause of his death; the fracture there was the cause of that extravasation. Now I don't think an open hand would beat in a skull in that particular part; it must be done by some instrument that was angular, such as a knuckle, or the corner of a Chimney.

Q. Could you form a judgement with what degree of violence the blow might be given?

Dr. Hunter. In a young skull the bone is thin; it was upon a part that was flat, a part that rather projects in wards; therefore a small blow is capable of taking in a piece of bone.

Prisoner's Defence.

I have taken as much pains as was possible with the deceased, which is not unknown to Mrs. Poole. I have devoted my time to teach him, such as Thursdays and Saturdays in the afternoon, Sometimes Sunday not exempted. I have bore it with as much gentleness of temper as possible; I did not expect this would have had any worth effect then former corrections of the same kind. I have sat for hours instructing him with regard to the conjugating his French verbs, I have chalked them upon his desk, that he might remember them. He was dull by nature, I believe more so by inattention. I taught him longer than any of the other scholars, for I did expect, and I told Mrs. Poole so, that if I could gain the point to drive out his inattention, she would not be wanting to recommend me. She told me, I might depend upon it she would recommend me. He was a very valuable scholar to me. I had 45 l. a year for teaching him and giving him a dinner every day bot Sunday. Had he been my own son, I could not have taken more pains, with him, and should have given him a box on the ear with the same inadvertency. I used to read his lesson for him, when I read them to him, he seemed to give no attention. I used to remonstrate with him; he would take the book and lay it down and do to play. He was frequently guilty of these things. I did the best I could for him; I loved him; I told Mrs. Poole, that if I was to have an estate left me after I had taught him, I could not take more pains than I did; she said she did not doubt it, and was very much obliged to me.

The prisoner called William Young , who keeps a boarding school at Kensington, with when he had lived as an assistant four years, who deposed, that he behaved with the greatest properties and decorum, and was a very worthy by assistant, Thomas Home , who has known him three years; Catherine Purser , between four and five years; Samuel Archibald , three years; Robert Pezar , five or six years; Daniel Lee , four or five years; Mr. Rowley, three or four years; and John Wickstead, three years; several of whom had children now under his care; and all gave him the best of characters.

Acquitted .

692. (M.) Williams Williams was indicted for that he on the Kings's highway, on John Waters did make to assault, putting him in corporal fear and danger of his life, and stealing from his person 4 s. 6 d. in money numbered, the property of Roger Altham , Esq ; and one pair of sleeve buttons, value 1 s. night half-pence, and 2 s. 6 d. the property of the said John Waters , May 31 . *

John Waters . I am servant to Mr. Altham of Islington. I was sent out on the 31st of May to Newport-market for a pair of pumps for my young Lady, about ten minutes after six. I was a stranger to that part of the town; my fellow servants directed me over the fields by Battle-bridge. I had the pumps delivered to me about seven o'clock; I went to speak to a brother of mine, that lives in Water-lane. I saw the prisoner in Water-lane; I had seen him before walking about Islington, but I did not know where he lived; I never spoke to him to my knowledge; he spoke to me. From there I went to Carey-street, and then home. I saw no more of the prisoner till he robbed me, just as I had got over the brick-fields, on the other side of Battle-bridge , going to Islington ; it wanted then about twenty minutes to nine.

Q. It was day-night then at that time?

Waters. Yes; but it was a duskish evening. Just as I got over the ditch one of the brick-field, the prisoner laid hold of my collar, and swung me down.

Q. Where did the prisoner come from?

Waters. I can't tell; I did not know that I had a foul behind me; I was crossing the fields for the nearest way.

Q. Was he alone?

Waters. I did not see any body with him. He damn'd me, and bid me deliver what I had got. I told him, I was a poor servant lad, that worked hard for what I got, and had nothing. He laid hold of the waistband of my breeches, tore the buttons off, and laid hold of me in an uncommon manner. I begged for mercy; he let his hand loose, and turned out both my pockets. I had 2 s. 6 d. of my own, and 4 s. 6 d. of my master's in my breeches pocket. He took a pair of buttons from my sleeves, and four pennyworth of halfpence out of my waistcoat pocket. He asked where my watch was; I told him I had not got a watch. I was getting up; he kicked me down with his foot, and said, Damn you, do you think you shall know me again if you see me? I said, No. Then he snatched my neckcloth off, and tore it in two, and threw it at me. This is the shirt I had on when he robbed me (producing a shirt with the collar very much torn.) Then he went off, and I saw not more of him.

Q. Had he a pistol, or any weapon?

Waters. I did not see any. I went over the ditch again, and returned to the house I had come by, and asked for assistance to go in pursuit of the prisoner. They advised me to go to Sir John Fielding ; I took him up this day sevennight.

Q. Did you ever look after him before?

Waters. I gave intelligence of him to Sir John Fielding 's men, and they took him up. I went to the house in Water-lane which I thought I saw him come out of; it was there I first had intelligence of his name.

Q. Are you positive the prisoner is the man that robbed you?

Waters. I am sure he is the man.

- Wright. This day week I had been from Sir John Fielding's office to his county-house at Brompton; as I was returning to town along with another man, I met the prisoner on the road; I passed by him. The young man that was along with me said, Wright, don't you know that man? I turned round; he was not twenty yards from me. When I was turnkey at the Gatehouse. I have seen him come there. I ran after him and tapped him on the shoulder, and said he must go with me. He asked what was the matter? I told him an information was lodged at our office against him; he asked what it was for? I told him, and said, all our people have been after you at different times. He said, when does the sessions begin? I said, next week. A man was sent to the prosecutor; the prosecutor was gone to live with a gentleman in the city. The prisoner was put into a room among twenty people. One of the clerks said to him, look round, and ee if you can find the man that robbed you He went to the prisoner, and said, that is the man: we could not find any thing upon him.

Q. From the prisoner to the prosecutor. Had not we conversation together at the Temple at that time you say I robbed you?

Waters. No; I never spoke to him in my life before he robbed me.

Prisoner. Why did you not immediately pursue me?

Waters. I went for assistance, but could not get any.

Prisoner. Why did not you resist me if I robbed you?

Waters. He had me upon the ground not two feet from the water, so that I could not resist him.

Prisoner's Defence.

He told me that his master was a great merchant, and said he would be glad, if I would lay with him all night. I gave him a kick on the backside for him ill behaviour and indecent practices.

For the prisoner.

Robert Pritchard . I was coming down Bow-street; I went into the Brown Bear for a pair of beer; I heard the prosecutor say, he would hang him if he could.

Q. Did he mention who he would hang?

Pritchard. He said the man that robbed him, if he could, and all such villains; one of Sir John Fielding's men that was drinking with him seemed to prompt him on. He said he had lost his place by it; the other said, he would make it up to him.

Q. Pray what are you?

Pritchard. I work with the widow Hunt, a cutler.

Wright. This man was with him when I took him; he used to come backwards and forwards with him to Bridewell.

Samuel Taylor . I live in Thackum-court.

Q. What business are you?

Taylor. I have a little matter to live upon. The prisoner lodged about four years ago in the same house that I do; he shewed dexterity of hand. He paid him way, and behaved in a very genteel manner.

Jane Stewart . I have known him three years; he followed dexterity of hand, and dancing on the slack wire; he behaved well; he lodged with me two years; he left me last April.

John Smith. I have known him twelve years; he has performed upon the slack wire; he lodged in my house three or four years; he paid me for what he had, and bore a good character.

Guilty. Death . Recommended .

693. (M.) Joseph Hodges was indicted for that he, not being employed in, or for the Mint in the Tower of London, not authorised by the Lords of the Treasury, had in his possession a certain cutting engine, which could cut round blanks by force of a screw .

2 d count charges him with having a certain fly and cutting engine which would cut young blanks in his possession, without lawful authority or sufficient excuse, September 28 . *

Nicholas Bond . I am clerk to Sir John Fielding . The prisoner was brought to Sir John's for uttering bad money; he said he lived near Whitfield's Tabernacle, in Tottenham-court-road. Mr. Rainsford took Gedney to his lodgings, and I took Hodges in a coach to Tottenham-court-road. When we were in the coach, he said, he supposed I was taking him to prison. I put down the window of the coach, and shewed him I was going to Tottenham-court-road. He desired me to take him to prison, and refused to tell me where his house was. I got out of the coach and enquired for his house. A woman at a chandler's shop directed me to the house; it is a corner house in the fields, behind the Tabernacle. I knocked at the door; a woman out of the window asked who was there; I said, Mr. Hodges; she said, she was sure it was not his voice. I then said it was Mr. Gedney; she said it was not. Then I came out in sight (I had stood under the shed before) and I told her she must open the door, She refused it. I told her if she did not, I would break it open. She came down and opened the door; Hodges was with me at the door, concealed under the shed. I asked for Mrs. Hodges; the woman said she was Mrs. Hodges. Noakes, the constable, who was with me, searched her; in her pocket-book there was half a crown's worth of silver which appeared to be bad; we went into the bed-chamber, and in a drawer there we found 18 s. worth of silver, that appeared to be bad; in the two pair of stairs we found that engine that is in court leaning against the wall, fixed in the block as it is not.

Council for the Crown. The 18 s. have since appeared to be good money.

Bond. There was a block in the room which seemed to me to be answerable for supporting this block and screw. From there we went into the garret; there was a turning lathe; I bid Mr. Noakes sweep off some of the dust, which lay upon the lathe, which appeared to be either brass or silver. I went up into the cock lost, and at the farther end I found this hat full of bad halfpence, (producing them) they are joined together just as they are cast. Hodges said he knew nothing about them. He said that he had a lodger some time before that, and that the engine was his; he said that it belonged to a man near Covent Garden. I went down stairs behind the kitchen; there was a forge with a fire lighted; there was a large trough with black sand in is under the window; there were several frames of wood with screws, which I apprehended were for the purpose of casting.

Cross Examination.

Q. Did he tell you the name of the man the engine belonged to?

Bond. He refused to tell me his name.

Q. Where did you find this piece that seem; to be intended for a shilling?

Bond. I found it upon a shelf among some pieces of old iron.

Q. You don't know that he is a gunsmith?

Bond. No.

- Noakes, and Henry Knight the constable, who also was employed is searching the house, confirmed the above evidence.

Mr. Joseph Sage . I am one of the moneyers in the Tower.

Q. What do you call that engine?

Sage. I should call it a cutting engine.

Q. Is that an engine to cut round blanks with, by force of a screw, out of flatted metal?

Sage. Yes it is; they might coin with it I believe; but the engine is not quite complete for coining.

Q. Before the money is coined is it first cut into round blanks?

Sage. Yes. This engine is not quite complete for either cutting or coining; it want what we call a dab and a bolster at the bottom: the metal is laid between them; upon throwing round the fly it throws the metal through the bolster and cuts it; this is what we call the cutting engine, the other we call a dab and bolster.

Cross Examination.

Q. Is that, in the condition it is now, without the dab and bolster, a cutting engine?

Sage. Yes.

Q. It will not now cut blanks?

Sage. Not now.

Council for the Crown. Do you consider that as the cutting engine as it is?

Sage. Yes; the dab and bolster are separate and distinct: this is the engine.

Council for the prisoner. Do you call the dab the cutting engine?

Sage. No.

Q. Do you call is a cutting engine when the dab is in it?

Sage. Yes; the dabs are removed as the dies are, according to what you cut or coin.

Q. Are these engines made use of in particular trades?

Sage. I never saw any used but in the mint.

Prisoner's Defence.

A man that took two rooms in my house brought that engine, and left it there,

For the Prisoner.

Sarah Taft . I am servant to Mr. Hodges. I have lived with him four months; I heard Mr. Hodges say that that engine belonged to Mr. Jover, a gunsmith.

Q. Do you know who brought it into your master's house?

Sarah Taft . No, it was in the house before I came. Mr. Hodges desired me to go to Mr. Jover to tell him he wanted to speak with him, he was not at home; he sent word he would bring a coach next day and take them away.

George Harrison . I am next door neighbour to Mr. Hodges; he had a general good character. He was a caster; I saw him work once. I said to him, Mr. Hodges I have never had an opportunity to see you work; he said he was going to work then, to cast a piece of brass for one Mr. Oakes a gunsmith. He made a mould, and cast a piece of brass; it seemed like a thumb-piece to a gun.

Cross Examination.

Q. What did he cast it in?

Harrison. In sand.

Samuel Oakes . I am a gun-maker. The prisoner is a founder and lock-maker; I have known him 14 years; he worked for me about a twelvemonth in my own shop.

Q. Has he worked for you since he has worked at home?

Oakes. Yes; he has done a few jobs in the foundery way; cast thumb piece and the like. In Birmingham, where I served my time, they work with such an engine as this; it is a common engine to make buttons with.

Cross Examination.

Q. Did you ever know the prisoner concerned in making buttons?

Oakes. No.

Henry Nock . I am a gun-maker, and live in Elm-street. I have known the prisoner six or seven years; he is a gun-lock-maker; he worked with me a year or a year and a half; he has left me about a twelvemonth. He called upon me about six weeks ago, and told me he could cast my brass better than ever I had had them done; I gave him a pattern, and bid him cast me four or five dozen of gun-lock plates, but he did not bring them; I heard no more of him till I heard of his being taken up.

Q. Can you tell what this engine may be used for?

Nock. It may be used in piercing watch chains, and in making clock hands; the man they have mentioned, Jover, was in that kind of business. The instrument will not do as it is for any thing.

Cross Examination.

Q. Now is that not considered and called a cutting engine by the trade?

Nock. It is so.

Q. Was your gun furniture to be cast in sand?

Nock. I suppose so.

The prisoner called John Thomas , who had known him fifteen months; - Rich two years: James Clark two or three years; - Norton two years; and William Guyat some time; - Snell four months; and William Davis eighteen months, who all gave him a good character; and being severally asked if they had ever received had money of him, all answered in the negative.

Acquitted .

694. (M.) Joseph Constable was indicted for that he not being employed in or for the Mint, in the Tower of London, nor being authorised by the Lords of the Treasury, had in his possession a cutting engine that would cut round blanks, by force of a screw, out of gold, silver, or other metal .

Second count charges him with having a fly and cutting engine, which would cut round blanks by force of a screw, &c, without any lawful authority or sufficient excuse. *

The Council for the Crown informed the Court that the evidence was the some upon this charges as the last trial, and that it they could not vary the case: no evidence was given.

Acquitted .

695. (M.) James Flanaghan otherwise Courant , was indicted for the wilful murder of James Davey , by giving him, with a pewter-pot, a mortal wound on the left side of his forehead, of the length of one inch, and the depth of half an inch, of which he languished from the 21st of September till the 11th of October, and then died . He stood charged on the coroner's inquest for manslaughter. *

- Murrell. I was at the Sun and Horseshoe in Titchfield-street, Oxford Road , five weeks yesterday; Davey and I were in the back kitchen, the prisoner was in the tap room; the prisoner was a servant in the house. There was a dispute between the prisoner and the servant girl, who should draw some beer that was wanted; the deceased spoke in behalf of the girl. and said he thought the prisoner put upon her; the prisoner heard Davey speaking about it, and some words passed between them; Davey gave the prisoner a slap in the face, that was the first blow that passed; the prisoner had a pewter-pot in his hand, and he immediately struck him with it, over his left eye, upon his temple, the blood ran down his face; I cut his hair off about the wound, and tied it up with two handkerchiefs.

Q. What size was the wound?

Murrell. About an inch long. After I had tied up his head he went to the prisoner again, and several blows passed between them.

Q. Who struck first them?

Murrell. I can't tell; they both struck with their hands; they had soon done, for Davey was not able to stand; some time after this Davey challenged him to fight again.

Q. What became of Davey after this?

Murrell. I went away, and left him in the tap-room; he was admitted an out-patient at the Middlesex hospital; he died on Thursday, three weeks afterwards.

Q. What was his complaint?

Murrell. He complained of a pain in his head.

- Mills. I was fellow-servant with the prisoner. There was some beer ordered out; the prisoner went down to draw it; I was talking with my mistress at the bar, he came up to me, and said d - n you why don't you go out with the beer? the deceased said to my mistress that it was not right for one servant to d - n another; the prisoner came in and heard it, and he asked the deceased what he had to say about him; he said he did not think it right for one servant to d - n another; there were other words passed, but I don't know what; Davey collar'd the prisoner, and gave him a slap on the face. Flanaghan had the pot in his left hand, shifted it to his right hand, and struck him with it upon the head; he got it tied up with a handkerchief, and then wanted the prisoner to fight him; I saw them jostling, but I did not see any more blows struck. My mistress sent me for some Turlington's drops to wash his head, and Mr. Murrell cut his hair off, and tied two handkerchiefs upon his head; he used to come to our house after he had been at the hospital. He took a warrant out against the prisoner; the prisoner gave him half a guinea, and they made it up; I saw him give him the money; this was about a fortnight after he had given him the blow.

Mr. Edward Livington , the surgeon, deposed that he was sent for by the corner, and be examined the deceased, and that he believes the wound given by the prisoner was the cause of his death.

Prisoner's Defence.

The deceased struck me twice before I resented it; the deceased had hold of my collar; I had a pint pot in my hand, and I struck him with it, but did not know where till I saw the wound.

He called Martin Cogan , who deposed that he lent the prisoner 12 s half a guinea of which he paid the deceased; that the deceased shook hands with the prisoner, and said he was satisfied; and John Conner , who had known him twelve months, and gave him a good character. Several more were called, but the court thought it unnecessary to examine them.

Acquitted .

696, 697, 698. (M.) Joseph Knight , Thomas Bird , and William Payne , were indicted for breaking and entering the dwelling-house of Eleanor Jeredore , widow , on the 10th of October , about the hour of two in the night, and stealing a pair of silver candlesticks, value 7 l. two silver sockets for candlesticks, value 5 s. a silver cruet stand, value 3 l. two silver cruet tops, value 5 s. a silver pepper castor, value 10 s. a silver soup-spoon, value 20 s. a silver cullender spoon, value 5 s. two silver ragout spoons, value 2 l. sixteen silver table spoon, value 3 l. nineteen silver forks, value 10 l. two silver marrow-spoons, value 15 s. five silver tea-spoons, value 5 s. two silver knife handles, value 4 s. two silver salts, value 20 s. One silver salt shovel, value 1 s. a large silver waiter, value 6 l. two small silver waiters, value 6 l. one silver sugar castor, value 30 s. a silver mustard-pot, value 20 s. a silver punch ladle, value 5 s. a silver strainer, value 10 s. a silver saucepan, value 15 s. two silver mugs, value 3 l. a silver funnel, value 12 s. a pair of silver snuffers, value 20 s. and a pair of steel snuffers, value 1 s. the property of the said Eleanor, in her dwelling-house . *

- Topham. I am servant to Mrs. Jeredore; she lives in Great Marlborough-street . Last Saturday morning the cook awaked me, and told me the house was broke open; I got up, and found the kitchen window was broke open. The kitchen window opens into an area in the street; the kitchen window had iron bars to it; the whole frame of the window was drove in, the wood and iron work together; we found a tinder-box upon a bench in the passage, a piece of candle, and a flint and steel.

Q. Did they belong to the house?

Topham No. There was a bar outside the kitchen door, which was shattered all to pieces. We also found two chissels and a short crow in the kitchen. ( Producing them.) The pantry door, where the place was, was not broke open, but cut with a chissel, or some such thing. I saw all was safe over night; and there was stolen this plate. (Producing the several pieces mentioned in the indictment.) They got the plate out at the hole they cut in the door. There was another shelf above this that they could not get at; it was a narrow closet.

Q. Are you sure the plate you have now looked at is Mrs. Jeredore's property?

Topham. I am. They were all in the closet the night before the robbery. My mistress ordered me to go to Sir John Fielding 's, I did; Sir John ordered me to bring the things I had found to him, and the cost of arms upon the plate, which I did; his men went out immediately, and the prisoners were soon taken. I was sent for to Justice Fielding's; he asked me if I could swear to the plate; I told him I could.

Q. Did you know either of the prisoners before?

Topham. I knew Knight; I succeeded him in Mrs. Roberts's service at Hackney; and I was acquainted with him at Mr. Mackay's; he has been several times to see me and my fellow servants at Mrs. Jeredore's.

Q. Has he ever been down stairs and seen the pantry where the plate is kept?

Topham. Yes.

Q. When was the last time he was there?

Topham. It is eight months ago.

William Halliburton . I was sent by Sir John Fielding to find the plate. I went to search, the house of one John Underwood , in Chick Lane, (he has been a reputed receiver of stolen goods some time.) Between nine and ten o'clock this day se'nnight, I went into the one pair of stairs room, and all the three prisoners were playing at cards along with a woman that passes for Bird's wife.

Q. Were they all playing?

Halliburton. There were cards, and they were all together.

Q. Is it a public house?

Halliburton. No. We went up stairs, and in the two pair of stairs I found the place under the bed, tied up in an apron. John Clerk was with me; he staid at the door of the room they were in, whilst I went to search up stairs. I brought the plate down, and then we searched the prisoners; and in Knight's pocket we found this silver top of a cruet (producing it.)

Q. Did he give any account how he came by it?

Halliburton. None. We took them before Sir John. Knight said the way he came there was, he went to buy an handkerchief there; but there is no shew of handkerchiefs; to be sold there.

Q. What did Underwood say

Halliburton. Underwood was coming down stairs as we went in. When I asked at the door they said Underwood was not at home. Payne had no hat on when I took him; he said he had sold it to buy a pair of shoes; the other two had their hats.

Court to Topham. Look at that top of a cruet.

Topham. This is Mrs. Jeredore's property.

John Clark . I went with William Halliburton to Underwood's; we asked for him; they said he had been gone out ever since six o'clock. We asked to see his wife; they said she was gone to market. In about five minutes Underwood came down stairs; Halliburton told him there had been a robbery committed the night before; he said, What is that to me? We said we had an order from Sir John to search his house. He said I know what you are come about; the plate has been here, but it is gone; then he said the people were up stairs waiting for their wack, that is their money. We went up stairs; Bird and Payne were playing at all-fours; Wright was learning over the chair behind them, and the woman was sitting by the bed-side; when they saw us they looked thunder-struck; I said, Why don't you play the game out? Halliburton had by that time brought the plate down; then we searched them, and found this castor top is Knight's pocket. We tied them together; Halliburton and Wright took them to Sir John Fielding 's, and I was left to take care of Underwood.

Q. Did Underwood say any thing about it in their presence?

Clark. No. Payne was without his hat, the rest had hats on; he said he had sold his hat and bought a pair of shoes with the money. I saw a pair of these snuffers upon the mantle piece; I asked him what they were; he said,

"D - N them, take them, they belong to them." Underwood declared before Sir John, in their presence, that one of them brought one of the candlesticks, in his hand to him about four in the morning, and asked him to buy some plate.

Q. What did they say to that?

Clark. They said nothing at all.

Q. Did not Underwood say the room belonged to John Murray ? *

* See Murray tried for a burglary, No. 601, last sessions.

Clark. I did not hear that; he said Murray was concerned with them. He said Murray was gone out, but he expected him to come every minute for his share of the money.

Q. Can you be positive that he said it was one of the three prisoners that brought the plate?

Clark. No I cannot. Murray was not taken.

Mary Burgess . I am cook-maid to Mrs. Jeredore. I came down stairs about half an hour after six, the morning of the robbery; the street door was upon the single catch; it was a spring lock.

Topham. I double-locked and chained the door over night. The kitchen window was broke open, and I found a steel and flint, and two or three matches upon the dresser.

Q. from the prisoners to Topham. where is the house situated?

Topham. In the middle of the street.

Q. Is there any watchman's stand near it.

Topham. Yes; about twelve or fourteen doors off, and another in Poland-street.

Q. to Burgess. How long had you been up before you came down?

Burgess. I came down as soon as I got up; I waked about six.

- Wright deposed that he went with Halliburton and Clark to search Underwood's house, and confirmed the evidence given by Halliburton and Clark.

Knight's Defence.

I know nothing about it.

Payne's Defence.

I think it is a hard thing that such men as Halliburton and Wright should be admitted to swear where mens lives are at stake. I am innocent; I was out of work, and had no money; I sold my hat for 6 s. 6 d. to buy a pair of shoe s, not meeting with any work. I was belated; I went to lodge at Underwood's in Chick Lane; I was to pay 3 d. for my lodging. I never saw either of these men before.

Bird's Defence.

I was going to work on Saturday morning at seven o'clock; Underwood's wife was standing at the door; a girl came in with a dram in a bottle; they asked me to have some; I went in; they said my wife was up stairs; I had not been in the room three minutes before Sir John Fielding 's men came and took us all up.

Knight called Joseph Wilson , who had known him five years; Mary Cockfield four years; Thomas Cockfield ten years; and Edward Paget six years, who all gave him a good character.

All three Guilty , Death .

699. (M.) Richard Querri was indicted for stealing a cloth coat, value 5 s. an allopeen stuff waistcoat, value 5 s. one pair of cloth breeches, value 2 s. a pair of black silk breeches, value 1 s. and a silver stock-buckle, value 2 s. the property of Matthias Shaw , Sept. 29 . *

Acquitted .

He was a second time indicted for stealing a pinchbeck watch with a green shagreen case, value 30 s. a steel chain, value 3 s. and a leather pocket-book, value 6 d. the property of Ann Stevens , widow , Sept. 18 . * T .

700. (M.) Philip Walmsley , (a negro ) was indicted for stealing a silver watch, value 20 s. the property of William Gurnell Oct. 16 *

Guilty T .

701. (M.) Elizabeth Burr , widow , but now the wife of William Ross , was indicted for stealing 50 l. in money numbered, the property of James Butterfield since deceased, in the dwelling-house of Elizabeth Cook , Sept. 7. 1767 . *

There appeared to be no foundation for a criminal prosecution.

Acquitted .

702, 703. (M.) Thomas Younger , the younger , and Sarah wife of Thomas Younger the elder, were indicted, the first for stealing seven linen shirts, value 30 s. and two linen shifts, value 10 s. the property of Arabella Drewit , widow ; and the other for receiving six linen shirts, and two linen shifts, well knowing them to have been stolen , Oct. 2 . ~

Both acquitted .

704. (L.) Mary Shirley was indicted for defrauding Thomas Leyburn , by false pretences, of four pair of worsted stockings, value 10 s. and four pair of cotton stockings, value 13 s. May 1 . ~

Guilty lm .

Mary Ann Ryan , James Simpson , Joseph Josephs , Charles M'Daniel , and Henry Dixon , who were capitally convicted last sessions, were executed at Tyburn on Wednesday, October in 10th.

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

Received sentence of death, eight.

Charles Burton , John Burton , Bartholomew Langley , Joseph Knight , Thomas Bird , William Payne , William Williams , William Brent , otherwise Brett

Transportation for seven years, twenty-nine.

Abraham Malchar , Grace Eaton , Joseph Brookfield , Margaret Connolly , Mary Plunket , Henry Jones , John Carrol , Joseph Chapman , Thomas Landakin , James Connolly , Humphrey Willet , William Moore , James Conroy , William Henley , Elizabeth Fench , Ann M'Daniel, Elizabeth Castle , Mary Watts , Robert Parker , Margaret Burroughs , Elizabeth Green, Sarah Pretty , Henry Carey , Elizabeth Seymour , Mary Grayhurst , Wilson Clack , Richard Querri , Alice Crow , Philip Walmsley .

Whipped, three.

Anthony Giles , Joseph King , James Simpson .

Branded, four.

Margaret Spicer , Mary Buns , Nathaniel Hulme, Henry Sears .

James Tompion , branded and imprisoned six months in Newgate.

Mary Shirley imprisoned one month.

Mary Ann Ryan , James Simpson , Joseph Josephs , Charles M'Daniel , and Henry Dixon , who were capitally convicted last sessions, were executed at Tyburn on Wednesday, October in 10th.

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