Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 18 April 2014), December 1770 (17701205).

Old Bailey Proceedings, 5th December 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 5th, Thursday the 6th, Friday the 7th, and Saturday the 8th of December, 1770.

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



Sold by J. COOKE, No. 17, in PATER-NOSTER ROW.



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

Before the Right Honourable BRASS CROSBY , Esquire, Lord Mayor of the City of London; the Hon. GEORGE PERROT , Esq; one of the Barons of his Majesty's Court of Exchequer *; the Hon. Sir RICHARD ASTON ; Knt. one of the Justices of his Majesty's Court of King's Bench +; JAMES EYRE , Esq; Recorder ++; 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 Gates ,

Thomas White ,

James Brown ,

William Holland ,

Robert Halford ,

John Westgarth ,

John Wilkie ,

John Martin ,

Thomas Wilson ,

Robert Exam ,

William Ratcliffe ,

John Wooldridge ,

Middlesex Jury.

William White ,

Christopher Kempster ,

Packer Oliver,

Michael Duffield ,

George Beck ,

George Harrison ,

Mark Toole ,

John Jewett ,

John Villes ,

William Shaddock ,

William Maden ,

Alexander Fryer .

John Whitaker served part of the time, in the room of William Shaddock .

1. (L.) Hannah Josephs was indicted for stealing a cloth cloak, value 12 s. the property of John Caley , November 17th . ||

Ann Caley . I am sister to John Caley the prosecutor; my brother sells cloaks ; there were half a dozen packed up in a parcel; the parcel was stolen out of the shop. This cloak was found upon the prisoner; I can swear it is my brother's property; it is my own work.

Joseph Hawksworth . I am servant to Mr. Caley. I packed up six cloaks on Saturday, November 17th. On Monday our maid came and informed us, about an hour after we had missed the parcel, that she had seen a woman go into a neighbouring alehouse with a new cloak, which she suspected was one of ours. I went to the alehouse, and stopt the prisoner; she had the cloak on. I asked her how she came by it; she said first, that she had bought it; afterwards, she said her mother gave it her; and at last she said a man had given it to her for a night's lodging.

The cloak produced, and deposed to by Ann Caley to be the property of the prosecutor.

Prisoner's Defence.

I was walking down Lendenhall-street on Sunday night; a young man asked me to drink with him; we went to an alehouse, and he spent 3 s. upon me; then he asked me to go and lie with him; I said I would, if he would make me a present. He said he had spent all his money, but he had got a cloak he had bought for his sweet-heart; that she had affronted him, and he would give it me; which he did, for a night's lodging.

Acquitted .

2. (M.) Charles Hay was indicted for stealing a cloth great coat, value 17 s. three cotton shirts, value 12 s. a woollen jacket, value 7 s. a swanskin waistcoat, value 5 s. three pair of canvas trowsers, value 7 s. four woollen striped waistcoats, value 18 s. two linen frocks, value 5 s. and one linen shirt, value 4 s. the property of Edward Smith , October 20 . +

Edward Smith . I keep the Queen's Head in King-street, Tower-hill . On October 20, in the evening, about seven o'clock, I was going on board the Eagle, at Union Stairs. I called in at the City of Bristol, a public house. I had a porter with me, with a bundle, containing the things mentioned in the indictment. Mr. Hay the prisoner came into the house. I ordered my man to take the cloaths away. Mr. Hay said he should not take them away, for he would have them; there was a scuffle between my man and him; Mr. Hay took the goods, and bid a man lock them up in his room for his use. There was a press-gang came to my man with their clubs.

Q. How many people were by at this time?

Smith. There was a press-gang that belonged to the prisoner; there might be an hundred people there, for aught I know.

Cross Examinations.

Q. Suppose you was to tell the whole story.

Do you know one Kennedy?

Smith. He was second mate of the Eagle. I bought the goods for him.

Q. You had received some money of him, I believe.

Smith. He owed me money.

Q. Had you received no money from him?

Smith. No; none at all.

Q. Nor no order?

Smith. No; none at all.

Q. Then he was your debtor for the goods; was he?

Smith. Yes; he owed me money before.

Q. Then these goods would have increased the debt?

Smith. Yes; and the captain of the Eagle would have given me a draft upon his owners for all the money due to me.

Q. Did you drop into this house by accident?

Smith. I went in to drink.

Q. Had you been in that house that day before, to drink with Moses Kennedy ?

Smith. No; Moses Kennedy had been there that day before.

Q. How did he come there?

Smith. I suppose upon his legs.

Q. Did not you invite this press-gang; belonging to lieutenant Hay, to press Kennedy?

Smith. I don't know what you are raising.

Q. Did you not desire that Kennedy might be pressed?

Smith. No.

Q. And you did not send for the press-gang to press him?

Smith. No - I went once to the press-gang to take a man away from my house. The man I wanted to have press'd was not Kennedy, upon my oath.

Q. Who was the man?

Smith. One William Jackson .

Q. Was he press'd that day?

Smith. No.

Q. You say you did not come into the house with Kennedy?

Smith. No; he was in the house before me.

Q. Was he press'd before you came?

Smith. Yes; and he was in another room.

Q. Then it can't be true, that when you came into the house you pointed to Kennedy, and said that is the man?

Smith. I deny that.

Q. How came they to press Kennedy?

Smith. How do I know?

Q. Who told them that Kennedy was a sailor?

Smith. I did not.

Q. Then Kennedy did not say to you, How could you use me so ill as to betray me?

Smith. I don't know but he did next day; he did not that day; I was on board the tender that day. - It was not Kennedy said so; it was one of the press-gang, that lent a hand off with my cloaths. I don't remember Kennedy said any thing about it.

Q. When the cloaths were taken up, did Kennedy own them or not?

Smith. I never heard him own them in my life.

Q. What pretence did Mr. Hay make for taking these things?

Smith. None at all in the world, but insisted upon it that they should be lock'd up in his room for his own use.

Q. Did he give no reason why he took them?

Smith. No; none at all - I told Mr. Hay, if he took the cloaths from my man, I would swear a robbery against him. I told him they were my property.

Q. from the Court. Upon your oath, do you think that the prisoner took the cloaths from you with a felonious intention - with an intention to steal them, in the presence of all these people?

Smith. I do from my soul believe he did?

Council for the Prisoner. You do believe he did?

Smith. Yes.

Q. And you say Kennedy did not own them?

Smith. He did not own them in my hearing.

Q. Consequently you don't know that he said to whilst you was in the house?

Smith. I don't.

Q. Did you ever hear any body else say they were Kennedy's?

Smith. No; never.

Q. Was there any talk of your having bought them for Kennedy whilst you was there?

Smith. No; none at all; they came up with their great clubs, and the man was obliged to deliver the goods.

Q. There was no talk of your having bought them for Kennedy?

Smith. No; none at all; there was nothing said.

Q. Now, having sworn at this round rate, pray what is your name?

Smith. Edward Smith .

Q. How long have you gone by that name?

Smith. Ever since I was born.

Q. What is your Newgate name?

Smith. It might be Newgate Smith.

Q. Did you never go by the name of Mitchell?

Smith. No - I never was in Newgate but for debt: I never wrong'd any man of a shilling.

Q. So you say you never went by the name of Michell.

Smith. I never did in my life.

Joseph Cooper . I am a porter. I went with Mr. Smith to the City of Bristol, a public house, on the 20th of October. I carried a bundle of cloaths for him: I put the bundle down upon the bench, and put my elbow upon it. Soon after the press-gang came up. Mr. Smith bid me carry the things back to where I brought them from. Mr. Hay took hold of one end, and I the other. He got the bundle away from me, he gave it to one of his gang, and said, Take this to my room, and lock it up for my use. My master said, that is not right, they are my property. Mr. Hay said, If you say much, I will send you on board the tender. They came up to me with their clubs; I was glad to get out of the house; I was afraid of being murdered.

Cross Examination.

Q. Did Kennedy or not own that the goods were his?

Cooper. I don't know Kennedy.

Q. Did you understand at that time that Mr. Hay took these things with an intent to steal them?

Cooper. I can say nothing to that.

Q. Did any body there claim the cloaths?

Cooper. Nobody, as I heard, but Smith. I was much frightened, and was glad to get out of the house.

For the Prisoner.

Richard Williams . I am a foremast man, and belong to the St. Antonio, Lieutenant Hay had a press gang at the City of Bristol public house. I belonged to the gang.

Q. Had you any message to go to Smith's house to search for men?

Williams. Smith himself came down between 6 and 7 in the evening, and asked if any of the gang were in the house. I was called out of the kitchen to him. Smith told me that there was a mate of a vessel at his house that had got no protection, and he asked me to go and press him. He did not tell me the man's name. I went with three of our gang to Smith's house; the man was not there. He sent for us a second time; we thought he was playing tricks with us, and we would not go. About an hour afterwards, Smith and Kennedy, and a porter with a bundle, came to the house, Smith sat down in the kitchen in an arm-chair; he looked round to us, and said, pointing to Moses Kennedy ,

"That is your men." Upon that I asked him if he had got a protection; he said, No. I said, Pray what ship do you belong to? I think he said the Eagle, and was bound to the bay of Bandorus. I told him I must stop him till my officer came in. He looked immediately upon Smith; he called him a villain, and asked him how he could behave in such a manner, to bring him to a press gang? The porter put the bundle of cloaths upon the table. Kennedy took them up, and put them upon a copper; then he gave them to me, and said, As I am your prisoner, I beg you will take care of my cloaths. In two or three minutes lieutenant Hay came in; he said, Williams, what is the matter? I told him what we had been doing of. Mr. Hay said, My friend, have you any protection? He said, No, none at all. He begged Mr. Hay would take care of his cloaths.

Q. When Kennedy said the cloaths were his, what did Smith say?

Williams. He said they were not his, for he had bought them, and was not paid for them. Kennedy said he was not scoundrel, and asked our liberty to lick him. He said, Smith, do you owe me some money, or do you not? Smith said, No. He asked him the second time; upon which Smith said, Yes, the sum of 4 l. 4 s. and the third time he asked him, he denied it.

Q. Did he say what he owed the money for?

Williams. That was not mentioned; this was before Mr. Hay came in: When he came in, I acquainted him with what had passed, as I said before.

Q. Was there any struggle about the cloaths between the porter and Mr. Hay?

Williams. Not to the best of my remembrance. When Kennedy said he had no protection, Mr. Hay said he must go on board the tender. He said to Smith, My lad, if you will come on Monday morning, the right owner shall have the cloaths. I carried them up to Mr. Hay's room, and after that I took them on board the tender, with Kennedy's name to them, and took a receipt from him. On Monday, between eleven and twelve o'clock, our lieutenant went on board to regulate the men. Smith came on board at the same time, and brought a bill of what he had paid the shopkeeper for them. I said, Are you not a pretty man to use the man thus? He said, his reason was, he was coming down to the rendezvous, in order to see him safe on board the ship; that he did not chuse to go, but insisted upon picking up a whore.

Q. Do you know of the cloaths being carried to the Regulating Office?

Williams. I heard they were; I did not carry them.

Rufus Barton . When Smith came into the house with Moses Kennedy and a porter, Smith pointed to Kennedy, and said to Williams. That is your man, Williams; then asked him if he had a protection: he said, No. He told him he must detain him. Then Kennedy took his bundle, and laid it upon a copper. Smith said they belonged to him, he would take the money for them. Kennedy said they did not, and that Smith owed him 4 l. 4 s. Smith said he did not. Kennedy mentioned it a second time, then Smith said he did.

Q. Was Mr. Hay present then?

Barton. No, he was not come in then.

Court. There is no occasion to go any further; there is not the least foundation for charging this man with a felony upon the evidence of the prosecutor himself, unless we can suppose the lieutenant could be thought to commit a robbery in the presence of all these people. Now the thing comes out, these two people give another evidence contradicting the prosecutor in every particular of his evidence. To charge a man of reputation in this manner with a felony is an abominable thing.

Acquitted .

The Court granted the lieutenant a copy of his indictment.

3. (M.) Thomas Meekin, otherwise Makeing , was indicted; for that he, in an open field near the king's highway, on Susanna Mazemore did make an assault, putting her in corporal fear and danger of her life, and stealing from her person one pair of silver shoe-buckles, value 4 s. and 2 s. 6 d. in money, numbered, her property , November 2 . *

Susanna Mazemore I lodge at one Mr. Allen's, a turner in Pains Alley, Aldersgate street. I met the prisoner in Moorfields about twelve o'clock at noon, the Friday before my Lord Mayor's day.

Q. Was you acquainted with him?

Mazemore. I had never seen him before There was another man with him. They asked me to shew them Bethlem, which I did. They asked me to go in with, them; I did. I went round the inside with them, then I told them I could not stay any longer, for I was going a journey. The prisoner asked how far; I told him I was going to Stretham, and I had the road to seek. The prisoner said that they were going that road, and they would instruct me. I wanted to go home to make an alteration in my dress, to put on a clean, apron, and the like. They followed me to Fore Street, and begged I would go in and drink a glass of wine with them for shewing them Bethlem. I went with them to the Angel in Fore-street, from thence they were to go to Stretham. They persuaded me not to go home; they said it was seven miles to Stretham. I was glad of the opportunity of going with them, and did not go home. They called at another public house before we got out of town; after that we called at another public house. They said they called there for some writings that the man that was along with the prisoner was going to have made over to him at Stretham. This public house was in Oxford Road.

Q. Did you drink with them at all these public houses?

Mazemore. Yes; at the first place we had half a pint of mulled wine between us three. At the other two houses we had a glass of brandy. We said in Hackney road an hour, or an hour and a half. This was between two and three o'clock. From thence we went along the road, then they turned down a lane, I don't know the road, nor the name of it; then they took me over some fields, and then they turned into another little town, and then took me into some more fields. It was then between four and five o'clock. I believe then they began to curse me, and d - d my blood, and said they had not brought me there for Stretham, but they had brought me there to lie with me. They had both of them their hands in my pocket. I lost half a crown. They blasted me for a b - h, and shook me about. They demanded my buckles out of my shoes; the prisoner took them; they were silver; I never had them again. The prisoner said to the other man, Why don't you make haste and pull her buckles out of her shoes? what signifies her crying and making a noise? They put a pair of black buckles into my shoes, and they wanted me to take some money. I begged for God's sake they would let me go home to my children. They said I had no children. I said I had. They took my handkerchief out of my pocket; they put some money into it, and crammed it down my bosom. Meekin d - d me, and bid me go home, and think myself well off that I did not lose my life. They bid me not makes any noise.

Q. What money did they put down your bosom?

Mazemore. It was yellow.

Q. Were your buckles taken by force, and was you put in bodily fear by these men?

Mazemore. Yes.

Court. It is odd you should take a fancy to these two men you never saw before, should shew them Bethlem, tell them a story of being to go a journey to Stretham, and that theft men should be just so luckily going to the place you was going to.

Mazemore. They appeared to be gentlemen, and they behaved vastly well. I asked them if it was a road-way; they said the chief of the way was a road. They behaved very well all the way till they got into this field.

Cross Examination.

Q. Pray where did you dine that day?

Mazemore. In Hackney road.

Q. Was this after you was robbed?

Mazemore. No, before. We had mutton chops for dinner.

Q. All agreeable company there?

Mazemore. Yes.

Q. Did not you think you should make your visit to Stretham rather late?

Mazemore. They hurried, they said, upon my account.

Q. What time did you go to dinner?

Mazemore. Between one and two.

Q. And the robbery, you say, was afterwards?

Mazemore. Yes.

Q. Are you a married woman?

Mazemore. A widow, I have two children.

Q. Did you tell any body of this upon your road home?

Mazemore. I told nobody of it. The first place I came to was Hoxton. When I came home I examined my money.

Q. And I believe you found it not to be it good as you could have wished?

Mazemore. When I came to Hoxton, I did not know where I was. I asked a boy which place it was; he told me, Hoxton. He shewed me the way to Bishopsgate Church-yard. went to feel in my pocket to give the boy some thing, and I had no money, I had half crown in my pocket when I was with the prisoner.

Q. When did you make the first complaint of being robbed of your shoe-buckles?

Mazemore. I sent for my sister, and told her I had been used ill and robbed.

Q. Of what?

Mazemore. My buckles.

Q. What drink had you with your mutton chops?

Mazemore. I had a glass of brandy; they had beer.

Q. Did you drink no beer?

Mazemore. Yes I drop.

Q. Had you never been at Stretham before?

Mazemore. No never.

Q. How long might it take up to see Bethlem?

Mazemore. Not above a quarter of an hour.

Q. That was all lost time. Did you ever see them before?

Mazemore. No neither of them. As I was going from the shop I work at to dinner, I saw the prisoner cross the road; I ran up to him, and took him.

Q. Did you see nobody as you came home?

Mazemore. Yes, several single men.

Q. Did you say nothing to them?

Mazemore. No; I was afraid the men would come after me and murder me.

Q. How far was the field you say you was robbed in from the little town you came through?

Mazemore. About half a mile, or better. I went over the fields all the way till I came to the road to Hoxton.

Q. What house did you dine at?

Mazemore. I think it was the sign of the Smiths Arms.

Q. Was you perfectly sober at this time?

Mazemore. Yes, very sober.

Q. In whose care were your children left?

Mazemore. One was in the house, the other at nurse.

Q. Did you intend to return to town that evening?

Mazemore. I was not sure.

Q. After dinner you pursued your road - Had you on thoughts of being benighted? - They had told you it was seven miles to Stretham.

Mazemore. They said so.

Court. How long have you lived in London?

Mazemore. Sixteen or seventeen years.

Q. And not know Hackney and Hackney road?

Mazemore. No; I work'd very hard; I had little time to go out.

Q. Who was your acquaintance at Stretham?

Mazemore. John Jones , who lives servant with Mr. Chapman. He owed me money for washing and mending his cloaths.

Q. Where was you going to when you first met the prisoner?

Mazemore. I had been to Bishopgate-street to enquire whether John Jones was in town: I found be was not.

Q. Why did not you enquire there your way to Stretham?

Mazemore. It was a stable I went to.

William Cross . Upon the day this happened, I met the prosecutrix, the prisoner, and another man, in Green Road, between twelve and one o'clock.

Q. Did you know Mrs. Mazemore before?

Cross. Yes. I had not seen her a long time. She used to wash for me. She asked me to come and see her. She said she was at home only on Sundays. I went to see her the next Sunday about four o'clock. I had seen the prisoner, and another man with him, about the road. I asked her who the men were that I saw with her. She said she wished she knew who they were. She did not tell me any thing that had happened them. I saw the prosecutor again about a week after; then she told me what had happened. I told her, if I saw him again, I would secure him. One day, about three weeks ago, after having been looking for him, I was informed he was in custody. I asked him if he did not remember seeing me that day; he said No, at first; afterwards he said, Yes, he did. He said to her, That gentleman (meaning me) is your friend, and said to me, You are a young man as well as myself, if you will make this matter up, I will return the buckles. He said, what other injury he had done he would make her any recompence for she should require.

Cross Examination.

Q. was any body present when the prisoner offered to return the buckles?

Cross. Yes.

Philp Bartrum . I was going with some goods to the George in Smithfield. I saw the prosecutrix coming out of Hand Alley, crossing the way. The prisoner was coming up Aldersgate-street; she seized him by the collar; she got him into the middle of the highway, and cried out, For God's sake help! thieves! rogues! I took him by the collar; we took him to the Golden Horse at Aldersgate-Bars; after we had been there about two minutes, he went down upon his knees, and begged she would forgive him, and that he had a wife and three children: he denied the rape; he said it was the other man; be said he would return her the buckles again, and make her any satisfaction.

Q. Did you ever see the prosecutor before?

Bartrum. No.

Charles Brown . I am a constable; I was sent for to take charge of the prisoner; the prosecutor gave me this counterfeit money [producing several pieces of counterfeit money, in imitation of guineas, such as are made use of by gamblers.]

Prisoner's Defence.

When I first saw this woman, she was drinking in a public house in Fore-street. I sat down in the box with them: this little man had been in company with her before; they had a pint of wine together; he went out of doors to make water; then she said to me, what a foolish young man that is! I said, why? says she, he says he has had an aunt died that has left him 700 l. I said, so much the better; she said, if I had half of that, it would be the making of me: I said, so it might be. I asked if he was her husband; she said, no; she said he was an acquaintance he had met with by Bethlem; she said they went up to the gate, but it was not time to go in; she told me they were to go to the play in the afternoon, and that they were a going to take a walk till the afternoon; she bid me say I was her cousin; that we should all three go together, and she would make him pay for all. She proposed to go to Dobney's Bowling-Green; we went there; then we went up Bethnal-Green Road, where we met that man; he asked where she was going; she said, a little way with a shop-mate of mine; we took a walk round by Hackney; she complained all day that her stuff shoes took water; she wanted the man to give her a pair of pattens; she said she would be married to him, as he was a little foolish; she said she would get seven or eight guineas of him; instead of that, she got nothing but a parcel of medals, after all was over and past; fifty people, I suppose, were coming along the road; we dined afterwards in Hackney Road; we came arm and arm along the road; she wanted me to come another day to see her; she told me where she lived; it was two hours before dark when we parted: I asked her if she had got any money; she said, yes, hold your tongue, I have got about ten or twelve guineas, that will be the making of me; I bid her a good evening, and parted with her; I never saw the man before in my life - If your Lordship pleases to call my cousin James Meekin .

For the Prisoner.

James Meekin . The prisoner has worked for Mr. Chaveat, and other principal weavers.

Q. What relation are you to the prisoner?

Meekin. I am his brother.

John Robinson . I live in White Chapel; I know but very little of the prisoner; I have heard people say since this affair that he is a weaver , and kept three or four looms.

Court. That is no evidence of a character.

Guilty. Death . Recommended .

4. (L.) Lawrence Wallis was indicted for stealing two pounds of tobacco, value eighteen pence, the property of persons unknown .

Acquitted . +

5. (L.) Mark Marks was indicted; for that he, on the King's highway, on Joshua Crowden , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a silver watch, value 3 l. the property of the said Joshua , Dec. 3 . +

Joshua Crowden . I was going down Houndsditch with a young man I had to take care of me, about five o'clock in the afternoon; about the middle of Houndsditch the prisoner and another man met us; they drove us up with our backs against the wall; he thrust his belly against my belly, and then pulled my watch by force out of my pocket; he pulled so strong, that I thought he would have tore my breeches off. When he had got the watch out of my pocket, the prisoner and his companion went off, I bid the lad, whose name is John Jennison , follow him; he called his master and they took the prisoner into his master's shop; we search'd him, but could not find my watch.

Q. Was it light enough for you to see his face?

Crowden. I saw him plainly coming up; I am sure he is the man.

Q. from the Prisoner. Whether you saw the watch in my possession?

Crowden. I saw my watch in his hand.

Q. Did you see me deliver it to any body?

Crowden. No.

Q. Did you call out, Stop thief?

Crowden. No; I thought the most prudent way would be to send the boy after him.

John Jennison . I am an apprentice to Mr. Sherwood; my master sent me down Houndsditch with Mr. Crowden; when we had got about twenty doors from my master's, two men came up against us, and push'd us against the wall; one of them pull'd Mr. Crowden's watch out of his pocket.

Q. Which took the watch?

Jennison. The prisoner did, Mr. Crowden bid me follow them directly; I did; they were not out of my sight.

Q. Did they run away together?

Jennison. They walked at a very great rate; I gave my master information of it; my master stood at his door; I shewed him the man; my master and the oldest 'prentice took him.

Q. How were the men dressed?

Jennison. The prisoner was in blue, the other man in light-coloured cloaths.

Q. How came you to take only the prisoner?

Jennison. Because he had taken the watch; I told my master so at the time.

Q. Which side of the way was the prisoner on?

Jennison. The same side as my master's house; the other man had crossed the way.

Q. What did the prisoner say?

Jennison. He asked what we wanted with him; we told him a gentleman wanted him that would be in, in a few minutes: we took him to my master's; the prosecutor came in; we searched the prisoner, but did not find the watch.

Q. Did you see the watch at the time it was taken?

Jennison. I saw it in the prisoner's hand when he took it.

Q. Did you see what he did with it?

Jennison. No.

Q. Now are you sure the prisoner is one of the men that shoved the prosecutor and you up against the wall and robbed him?

Jennison. Yes.

Q. Did you ever see the prisoner before?

Jennison. Not to my knowledge.

Thomas Sherwood . I live in Houndsditch; the last witness is my apprentice. Mr. Crowden came to settle an account with me; being at the close of the evening, he asked for one of my servants to go with him to Bishopsgate-street, as he is very infirm; he is just come out of a bilious disorder, and is much afflicted with the gout. In a very short time John Jennison , my apprentice, returned, and I was standing at the door. He said, Sir! Sir! the gentleman has had his pocket pick'd of his watch, and that is the man that stole it, in the blue coat, pointing to the prisoner. I called my eldest apprentice to assist me; we took him, about two doors beyond my house; we brought him back to my shop, and in two or three minutes Mr. Crowden came in; he appeared much frightened.

Prisoner's Defence.

I am taken at a non-plus; I did not know I should be tried now, any more than the child unborn. I had carried three chests of lemons for a man that lives in Fire-hall Court; as I came down Houndsditch, I walked by Mr. Sherwood's house; he came out to me and said, Young man, somebody in my shop wants to speak to you. I turned back, and went into his shop; he shut the door; presently the man came in, and said he had been robbed of a watch. I said, By whom? He said he could not tell: the young man said, I will take my oath you was with the man. He said first he saw me with the man that committed the robbery; now he swears that I committed the robbery. I was searched; it was not found upon me. I had nobody with me; I could not have conveyed it away. Mr. Sherwood said, Where is your companion? I said, No-body was with me: they sent for an officer, and I was carried to the Poultry Compter.

Guilty . Death .

See him indicted for a highway robbery, No 618. last Sessions.

6. (L.) Lawrence Kennedy was indicted for stealing sixty-eight weather sheep, value 56 l. sixteen ewe sheep, value 11 l. and one ram sheep, value 20 s. the property of Jonathan Ware , November 23 . +

Jonathan Ware . I lost the sheep mentioned in the indictment, from out of a meadow facing my house. I enquired next morning of the turnpike-man in the road to London; he told me a man on horseback and a boy went through the turnpike about twelve o'clock with some sheep. I found the sheep at Islington, in Mr. Stanton's the salesman's custody.

Q. How were your sheep marked?

Ware. They were marked with a W and an O on the near side, and a dot of tar upon the near hip. The prisoner told me at the Compter that he stole them out of a meadow opposite my house.

Samuel Stanton . I am a salesman. About seven o'clock on Friday morning I went to my pens in Smithfield. The prisoner had put the sheep into my pens. I told him he must take them out. He asked me what he must do with them. I asked him whose sheep they were; he said he brought them from Chatham, or somewhere in the Kentish road. I asked him if he had any letter from the owner, or any body's name that was to sell them; he said, You shall sell them. I asked whose they were; he said a man he met with on the road bid him drive them there: and when they were sold, a woman would come and take the money.

Q. Did he tell you the name of the person.

Stanton. No; he stood at the pens. I went and asked some other salesman if they knew any thing of the sheep; they did not. The prisoner stood there near three quarters of an hour. The prisoner slipt away towards Porter's Block. A person I had desired to watch him, secured him, and brought him to me. I suspected from the first that they were stolen. He was in several different stories; first, that he had a father; then, that he had none; that his mother lived at Camberwell. The prisoner escaped from the person I left him in the care of. We found him by St. George's Church, and brought him back.

Q. Do you think such a boy as this could steal so many sheep himself?

Stanton. No; it is plain he did not.

Abraham Saunders . I was sent for on the the twenty-third of last month to the Three Tuns in Smithfield, to take charge of the prisoner. He said he brought the sheep from the nineteenth mile-stone near Gravesend. I asked him if any body was concerned with him, he said, Yes; a man he had never seen in his life before, who was to give him a shilling for driving them to town. He said he wished he could see his mother, for then it would be make up in a quarter of an hour. I asked him if she had been in Smithfield; he said, Yes; we walked twice round Smithfield, but could not find her. He said the man came with him as far as St. George's Church, and then gave him a groat or eight-pence to hire another lad to help him to drive them to Smithfield. He said the person that employed him lived at Camberwell. Sometimes he said it was his father, sometimes not. We enquired at Camberwell, and found there was such a person as he had described, who was a smuggler, but he had absconded.

Prisoner's Defence.

A woman at the Three Crowns at Chatham sent a letter to my mother that I could get employment there to draw beer. I went down in the Gravesend boat, and went to Chatham. I thought the place was too grand, and I too little to do; so I went to Gravesend again, I was sick a-going down, so I thought I would walk up. About a mile from Gravesend I met this man. He asked me how far I was going. I told him to London. He said he would gave me a shilling to drive some sheep for him. He gave me some gin; then he went down a little road. He was on horseback. He went down in a field, and told me, if I saw any body a-coming, to come down and meet him; if not, I was to turn the sheep to London. When he came to the turnpikes, the men asked him how many he had got; he said, sixty-three. He parted from me in Kent-street. He gave me my shilling, and four-pence to hire a boy to help me to drive them to Smithfield. He told me to give them to any salesman to sell, and meet him at one o'clock on London bridge.

Acquitted .

7. (M.) Elizabeth, the wife of William Brown , was indicted for stealing one half pint silver mug, one silver table-spoon, one pair of silver tea-tongs, one plain gold ring, one stone ring set in gold, one stone ear-ring set in silver, one stone stock-buckle set in silver, one black silk night-gown, two cotton gowns, one dimity petticoat, four linen aprons, one pair of silk stockings, one pair of cotton stockings, six linen handkerchiefs, one silk handkerchief, two gauze caps, two linen caps, one net hood one white net lappet, one hair lappet, one linen shift, one black hat trimmed with black lace, one black silk cloak trimmed with black lace, the property of William Wheeler , in the dwelling-house of Jacob Owen , October 25 .

William Wheeler . I lodge at the house of David Owen in Bury-street, St. James's . I am a cook . On the twenty-fifth of October, my wife and I went out, and left the prisoner in our apartments. She had been with me a month. We took her out of charity. We went out about six in the evening, and came home between eleven and twelve. We expected to find the prisoner at home. She was gone. We looked round, and missed the half pint mug, and several things. Next morning I made information before Sir John Fielding . My wife and another woman found her next day, and brought her to me in the evening. She had on then my wife's cloak, hat, and gown. Then I took her to Sir John's. We had her examined. A pair of tea-tongs were found upon her. She delivered up that night the ring and stone shoe buckle. Besides the things, she had on her a black silk that and cloak. We took her to St. Catharine's next day, because she had said over night that the remainder of the things were at her lodgings in St. Catharine's Lane, and that she had sold the place to a silver-smith in the Minories. We went to the cook's shop where she had taken a lodging, and found all the things in the indictment (mentioning them) except the mug and spoon she had sold to the silver-smith. She had taken the black silk gown to pieces. Then we went to the silversmith's. He produced the mug and spoons he had bought of her.

Mrs. - Wheeler. I can say no more than what my husband has said. (The goods produced and deposed to.) She had the hat, cloak, and gown on. The rest of the things we found at her lodgings. We found her at a public house. I asked her how she could serve me so. She cried.

William Taylor . I am the constable. I was at the Brown Bear, Bow-street, when the prosecutor brought in the prisoner. She said all the rest of the things were in her lodgings, but the mug and spoons, which she said she had sold.

James Peacock . I am a silver-smith, and live in the Minories. [produces a silver mug and spoon.] I bought these of a woman the twenty-sixth of October. I don't know her person; she had a hat over her face. I gave her 5 s. an ounce for them. She said she was in distress; and was obliged to sell them. I had no suspicion of her.

Q. So all is bought that comes to the shop?

Peacock. No; I give a fair price, and don't buy if I suspect.

Court. You should enquire of people that offer things to sale. It is the facility with which people dispose of stolen goods that encourages them to steal.

Prisoner's Defence.

It is as they have said.

Guilty. 39 s. T .

8. (M.) Mary Adland was indicted for stealing three hundred pounds of linen rags, value 7 l. two hundred pounds other linen rags, value 16 s. eight pounds of other linen rags, value 2 s. five hempen bags, value 5 s. four pounds of old iron, value 4 d. and three knives called rag-knives, value 3 d. the property of Elizabeth Mills , widow, October 26 . ++

Elizabeth Mills . I am a paper-maker , and live at Drayton . The prisoner worked with me a great many years. On the 26th of October I found three hundred pounds of white linen rags, two hundred and a quarter and odd pounds coloured, and five bags marked with my own name, and five rag-knives. Her business was parting rags in my warehouse.

Q. Have you any reason to know the rags you thus found were yours?

Mills. I found this key [producing one] in her house. This key opened my warehouse.

Q. Were the rags in these bags?

Mills. Somewhere the bags had my mark.

Q. From inspecting the bags, could you swear they were your property?

Mills. I should have been loth to have sworn to them in the house of any body else. They were foreign rags.

Prisoner's Defence.

My mistress is hard-mouthed enough. She has taken upwards of 3 l. worth of my things.

Guilty. 10 d. W .

9. (L.) James Bunce was indicted for stealing twelve pieces of stained paper, containing one hundred and forty yards, value 40 s. the property of William Sampson and Richard Sampson , on the 23d of November . ++

William Scargill . I live with Mr. Sampson. I had packed up these pieces of stained paper mentioned in the indictment, to go to Portsmouth; John Orton brought the prisoner and this paper into Mr. Sampson's house: [producing it] I can sware it is Messrs. William and Richard Sampson 's property.

John Orton . On the 23d of November, I was going up Lombard-Street, I saw the prisoner come out of Messrs. Sampson's with the paper; I suspected him, and stopt him; he struggled and cried, and wanted to get away. He said he was going to carry it to Duke's-place. I rung Messrs. Sampson's bell, the last witness came to the door, I shewed him the paper; he said it was Messrs. Sampson's property. The prisoner, in his defence, said he was employed by a man to carry it to Duke's-place.

Guilty . T .

See him tried for a burglary, No. 500, in Mr. Alderman Trecothick's mayoralty.

10. (M.) Thomas Hand was indicted for wilfully and maliciously shooting off a pistol, loaded with gunpowder and a leaden bullet, at Joseph Holloway , against the statue , on the 26th of October . ++

Joseph Holloway . I live at the corner of Storey-street, Tottenham-court-road ; I saw the prisoner pass by my house, on horse back, on the 6th of October, at near twelve o'clock at noon; I was at my door with my child; I had got a brush, and was sweeping off some dust from my neighbour's door, that had fell from my house, which was then repairing, when he passed by. In about five minutes, I heard a voice behind me, saying, Mr. Holloway, you are the man I want. As soon as I heard the prisoner's voice it terrified me, because he had frequently before threatened my life. I started round to my left, and I saw the prisoner close to me; he was then on foot, and had a pistol, which I then believed to be my own, that I had lent him some time before. It was under the flap of his coat; I could see it as far as to the cock; he endeavoured to pull it out with his left hand, but it was so entangled that he could not get it out immediately. I sprung round in order to get into my house, and was in hopes I should have got in before he disentangled it; but he got to the door before I could shut it after me, and got the pistol in between the door and the door post, so as to prevent my shutting the door. I endeavoured for the space of a second or two, to keep the door against him; I found he was too powerful for me. As I saw the kitchen door open, I quitted to door thinking to escape into the kitchen. As I was quitting the street door, he said, d - n you, I will have your life directly: and the pistol went off before I could get myself quite into the kitchen, and the ball went through my left arm, then I saw him go over to Mr. Peck's a founder.

Q. When he d - d you, and said he would have your life, did you see in what manner he held the pistol?

Holloway. I was making for the kitchen.

Q. In what situation is the kitchen from the door?

Holloway. The kitchen opens out of the wainscot on the left side of the passage.

Q. Which side of the road did you live on?

Holloway. The same side as Bloomsbury; the door opens to the left, and the kitchen door is on the right side.

Q. Had the street door been opened?

Holloway. After I felt the ball, I turned round and saw him shutting the street door, which was then half open. The pistol must be brought upon a straight line to reach me.

Q. Where was the ball found?

Holloway. One was in the kitchen, upon a line with the position of my arm; another upon the head-way of the door of the passage that leads into the yard: it went into the brick wall.

Q. You was executor to the prisoner's brother, I think?

Holloway. Yes.

Q. Have you heard the prisoner threaten you at any time?

Holloway. Yes, many times. About the Sunday fortnight before he shot me, he killed a hen of mine: I was out; the maid told me of it when I came home. I saw the prisoner at the door; I said, you are a blood-thirsty fellow; I am surprized you will be guilty of such blood-thirsty actions. He said, G - d d - n you, I would sooner kill you than your hen. - I sent to Mr. Sheldon, the surgeon, he was not at home; so I went to the hospital and had my arm dressed.

Q. Can you give any reason why he had malice towards you?

Holloway. There was some money secreted, which I went and demanded for the benefit of the children and the widow; before that, he was as agreeable as any man; but, after that, he owned me a spleen. He came to me next morning, and said, G - d d - n you, you have frustrated our scheme. I said, What do you mean; He said, We wanted to go to Barnet to buy cows. I said, If it is requisite, for the good of the children, to buy cows, you shall have the money again, and I will go with you to buy them. He said, No, G - d d - n you, I wanted to buy them in my own name.

Cross Examination.

Q. Is not the prisoner a man of a very weak understanding

Holloway. I never held a great deal of conversation with him, so don't know the extent of his abilities.

Q. Have you not reason to think he is out of his mind, at times?

Holloway. I never heard any such thing.

Q. Did not you threaten to have him pressed?

Holloway. No.

Q. The pistol was your own, was it not?

Holloway. Yes. I had lent it him some time before.

Q. What for?

Holloway. The widow said she was robbed the night her husband died. The prisoner came and told me so; and, at the same time, asked for a pistol: I lent it him. He said, he was in danger of his life in going over the fields.

Q. Can you say whether the pistol went off by accident, or by design?

Holloway. I believe, by design. [This is the pistol, producing a horse pistol.]

Amitues Fournier . I am all enameller, and live in Mr. West's Garden's, Tottenham-court-road. I was going by Mr. Holloway's house, I saw him and a man with him.

Q. What man?

Fournier. I am not sure that the prisoner is the man - I saw Mr. Holloway, his child, and the man together; they seemed to have words. Mr. Holloway, all of a sudden, made a push to get into his own house; the man followed him.

Q. Could you distinguish what off, the words were?

Fournier. When the pistol went off, he said, D - n you. I saw him push the, pistol in at the door.

Q. Where was the man when the pistol went off?

Fournier. Close to the door.

Q. How near was you?

Fournier. I was within about three or four yards.

Q. Did you hear the cock fall? Or how did it go off?

Fournier. I heard the snap.

Q. Did you perceive whether the door was open, or shut?

Fournier It could not be shut, the pistol was between the door and the door-post.

Q. Did you perceive whether the door opened wide?

Fournier. It did not open quiet; he held his hand up thus [describing the presenting of a pistol, elevated pretty high] The door was open thus much. [Describing it to be about five inches.]

Q. Was the pistol quite out of sight when it went off?

Fournier. No; it was about half of it out of the house.

Q. What became of the prisoner then?

Fournier. He went away directly. The child cried, My papa is killed. The child was shut out of doors; I knocked at the door; a woman opened it; Mr. Holloway came out that instant, he held up his arm; I said, Thank God you are alive. He said, I am wounded. I saw the wound in his arm, the blood trickled down. I saw the prisoner cross the way as soon as he had fired the pistol. I was in a great fright; I made haste home.

Cross Examination.

Q. Can you tell whether the prisoner's arm was hurt by the door?

Fournier. I can't tell any thing of that.

Edward Wake . I was in my shop, in Storey-street, the day Mr. Holloway was shot; I heard a piece go off; I ran to the door, and saw the prisoner. I said, Who shot? He said, I have just shot Mr. Holloway. I said, You have not killed him; have you? He said, No, d - n me, I wish I had. He had a pistol, in his hand, I asked him to give me the pistol, that nothing worse might happen; he would not, he said. He said, he would go and charge it again.

Q. Did you make any observations upon the pistol, whether it had been fired or not?

Wake. No.

William Hawthorne . I keep a public house, and am a constable. On the 6th of October, about twelve o'clock, Mr. Holloway's maid came and told me a man had shot her master. The people that were in my house all ran out; when I came down stairs they had got the prisoner in custody. I took him into one of my parlours, and said how could you be guilty of so rash an action as to shoot Mr. Holloway? he said he was sorry that he had missed his mark, for he would kill him. I asked him what he had in the pistol at the time, he said he had only one ball: all he said before the justice was, that he thought he had a right to stand in his own defence.

Q. Did he explain that; did he say he had been attacked by any body.

Hawthorne. Not that I heard of.

John Richmond . I took the prisoner in his own yard, he was sitting upon a piece of pipe, going to charge the pistol again; I said my friend what are you mad. He started up in a great passion and sent me out of the yard quicker than I came in: he ran at me with his pistol and I was afraid of my life. A gentleman offered me half a guinea to take him. I followed him into the yard: I tripped up his heels and took him. He had got shot and powder by him; after we came before the justice, we found some shot and powder in a piece of paper, and some powder in a tobacco box.

John Ware . I was drinking at Mr. Hawthorns, the maid came in in great haste, and cried out, oh, my master is shot. I ran down the road, when I came to the corner of Mr. Holloway's house the mob pushed back, and said he was going to fire again. Mr. Richmond and some more people brought the prisoner out. The people asked him how he came to do such a rash action. He said he intended to give him a pill out of it; he repeated it several times, that he did intend to shoot him, and was sorry he had not done it. I heard him say Mr. Holloway had sent for a lieutenant to press him.

William Ragg . I assisted to take the prisoner to Mr. Hawthorns; I asked him several questions; he said he was sorry he had missed his mark, but he would destroy him another time.

Mr. John Wyatt . I am a surgeon to the Middlesex Hospital: Mr. Holloway came to the hospital in my week of attendance. Mr. Howard and I opened his arm next morning; there was a wound through his arm; the ball seemed to have entered the arm a little above the wrist, from the internal surface of the arm, and penetrated to the out-side a little below the elbow, obliquely upwards, the wound was 8 or 9 inches long.

Q. Did it appear to be a wound occasioned by a ball.

Wyatt. Certainly. It was under the elbow on the out-side of the arm.

Prisoner's Defence.

None of them ever saw a pistol go off in my hand; I went to carry the pistol home to Mr. Holloway, he had asked me for it. Unfortunately it went off in the jarr of the door.

For the Prisoner.

Francis Furnan . I have known the prisoner two years, he was a cow-keeper to his brother; he left his lodging, he said the reason was he was afraid of being pressed. His sister-in-law used to send him his victuals at meal times: he is a peaceable quiet man.

Elizabeth Blankford . I have known the prisoner about two years; I never saw any thing of him but that of a peaceable quiet man, but since his brother's death he has appeared like a mad-man, sometimes, when in liquor.

Henry Brough . I have known the prisoner fifteen months, he is an honest quiet peaceable man, and I believe an entire slave to business.

Guilty . Death .

11. (M.) John Underwood was indicted for receiving a pair of silver candlesticks, value 7 l. a silver sockets for candlesticks value 5 s. a silver cruet stand, value 3 l. one silver cruet top, value 5 s. a silver pepper castor, value 10 s. a silver soup spoon, value 20 s. a silver cullendar spoon, value 15 s. two silver ragoo spoons, value 2 l. sixteen silver table spoons, value 8 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. a 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 muggs, 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 Eleanor Jerdore , widow, well knowing them to have been stolen by Joseph Knight , Thomas Bird , and William Payne , October 19 . ++.

The record of the conviction of the principals was read in court.

Tapham, who is servant to Mrs. Jerdore, deposed, that Mrs. Jerdore's house, in Great Marlborough-street, was broke open on the 19th of October, in the night; when the goods, mentioned in the indictment, were stolen.

William Halliburton deposed, that he, with - Wright, John Clark , and several others, was sent, by Sir John Fielding , in search of the plate, the same morning as the robbery. That they went to the prisoner's house, where they found the plate, mentioned in the indictment, under the bed in the two pair of stairs room, tied up in an apron.

John Clark and - Wright, confirmed the evidence given by William Halliburton .

*** For a more full and particular account of their evidence, we refer our readers to the trial of the principals, No. 696, 697 and 698, last sessions.

Prisoner's Defence.

I had nothing to do with the plates the house does not belong to me; I was drunk for eight days together.

For the Prisoner.

Elizabeth Mills . I rent the house. I let out the two pair of stairs room to John Murray , and Ann Oddy had another room: she let Murray in with the plate when I was in bed, and asleep.

Q. How do you know that?

Mills. I was told so.

Q. What were your apartments?

Mills. The two lower rooms.

Q. What room did you lie in?

Mills. Sometimes one, sometimes the other.

Q. Which room did you lie in that night?

Mills. The fore room. I got up about six o'clock: Murray came down stairs, and wanted to speak with me; I would say nothing to him, but scolded him for coming in.

Q. Where did Underwood lie?

Mills. In the under room.

Q. You don't pass for Underwood's wife, do you?

Mills. No.

Q. Do you not live with him? and do not people call you by his name?

Mills. They do sometimes, but they have no right to call me so.

Q. How came the snuffers in your room?

Mills. I know nothing of them.

Ann Oddy . I rent a one pair of stairs room at Mrs. Mill's, as half a crown a week.

Q. Was you there when they were playing at cards?

Oddy. No; I went out about eight o'clock.

Q. Who was the woman they had got into your room?

Oddy. I don't know; my husband came home and broke the door open.

Q. Pray who may your husband be?

Oddy. Thomas Oddy - he drives a hackney coach. The door has a slight lock, he pushed it open.

Q. What time did the people that were found in your room, come into the house?

Oddy. I heard somebody knock at the door. I know this Murray to be a chimney-sweeper; there were some other people with him: I believe they were the unhappy men that died on Tuesday. I had no light; they went up into the two pair of stairs; Murray lodged there. My landlady abused me next day, for letting them in. I knew Murray to be a + very honest lad, till this affair. Underwood had been drunk for eight days, and was in bed, and after at the time.

Guilty . T. 14 .

+ Murray was tried no less than three times, in Mr. Alderman Trecothick's mayoralty, for burglaries.

See Underwood tried for buglaries, No. 11 and 367; and for receiving stolen goods, No 234, all in Mr. Alderman Beckford's second mayoralty. See him an evidence against Mac Donald , &c. No. 434, &c. in Mr. Alderman Trecothick's mayoralty.

12 (M.) Mary Millinson was indicted for stealing two silk gowns, value 20 s. 1 silk negligee, value 10 s. and one silk petticoat, value 3 s. the property of Thomas Draper Baber . Esq ; October 6 . *

The proof of the charge against the prisoner, arose from her own confession, which was made under a promise of favour from the prosecutor.

Acquitted .

13 (L.) Jane Cock , spinster, was indicted for stealing two pair of iron shoe buckles, plated with silver, value 3 s. two needle books, value 2 s. a paper book bound in leather, value 2 d. a stone necklace, value 18 d. two pieces of cambrick, value 6 d. a yard of lace, value 1 s. and a pair of steel scissars, value 2 s. the property of Richard Crew , October 29 . ++

Guilty. 10 d. W .

14 (L) Rose Coleman was indicted for stealing one copper two quart pot, value 5 s. the property of John Lockhart , November 20 . ++

Guilty. 10 d. W .

15 (L) James Allen was indicted for stealing 5 lb. of moist sugar, value 18 d. the property of persons unknown , October 27 . ++

Guilty. 10 d. W .

16 (L) Richard Preston was indicted for stealing 100 lb. of moist sugar, value 20 s. the property of persons unknown . ++

Acquitted .

17 (L) Mary Kenny , spinster, was indicted for stealing a silver watch, value 40 s. the property of Thomas Thorne , November 5 . ++

Thomas Thorne . On the 5th of November I had been drinking with some friends till my reckoning amounted to more money than I had. I slipt from my company, and pawned the outside case of my watch for 2 s. 6 d. in the Strand. As I was coming home, about half past seven o'clock, I met the prisoner upon Ludgate hill. She asked me to give her something to drink; I went with her to the Cock on Ludgate-hill , and called for a pint of purl: I felt in my pocket, and found I had no money. I offered to leave my watch with the landlord, for the purl, he refused to take it. I wrapped it in my handkerchief, to keep the dust from getting into the work, and I put it into my coat pocket. Soon after, the man that brought me my purl, bid me feel for my watch; I found it was gone. I was so much in liquor that I was almost insensible.

Hanah Whalley . My husband is a porter at the Bell Savage Inn. I went to carry my husband his supper, to the Cock; I saw the prisoner take the watch out of the prosecutor's coat pocket. I called out, and Samuel Pearch jumped up, took it out of her hand, and delivered it to the constable.

Samuel Pearch confirmed the evidence of the last witness.

Prisoner's Defence.

I am an unfortunate girl of the town: the prosecutor gave me the watch to pawn; he said he would spend as far as 3 or 4 s. to sleep with me.

Guilty . T .

18 (L.) John Flocher was indicted for stealing four ounces of silver, value 20 s , the property of William Plumber , Dec. 1 . ++

William Plumber . I am a working silversmith , the prisoner worked with me three years ago for near a twelvemonth. Last Saturday one Dunkan, one of my men, brought me some pieces of silver in a leather purse, among which were two pieces of soldor with my mark upon them, which he said were found at the prisoner's. I took him before Justice Welch when he confessed to the several pieces, one by one, that they were my property.

- Fryer. Last Friday night: I was employed to take down some bed furniture belonging to the prisoner at his lodgings. I found under the bed-head a purse with some pieces of silver in it; I carried it next day to Mr. Dunkan: I heard him confess it was Mr. Plumber's property.

- Dunkan deposed, that these pieces which were produced, were what he received from Fryer.

Prisoner's Defence.

I don't know how the silver came there. I was a servant to Mr. Plumber three years ago; as to this confession I was hurried and frightened so that I did not know what I said.

He called a witness who gave him a good character.

Guilty. 10 d. W .

19 (M.) Elizabeth Phipps , spinster, was indicted for stealing a ++ linen shirt, value 2 s. and a silver table-spoon, value 5 s. the property of James Marjoram , Nov. 16 . ||

Guilty. 10 d. W .

20 (M.) Charles Wright was indicted for stealing a violin, value 12 s. and a violin bow, value 2 s. 6 d. the property of William Cambell Nov. 26 . ||

Guilty. 10 d. W .

21 (L.) William Holmes was indicted for stealing forty-two pound of manufactured flax, value 12 s. half a hundred weight of unmanufactured Petersburg hemp, value 13 s. eighteen pound of unmanufactured fine woolen flax, value 13 s. 6 d. thirty pound of manufactured green hemp, value 12 s. 6 d. one half-pound brass weight, value 6 d. and two four ounce brass weights, value 6 d. the property of Thomas Burrell , Sep. 8 . *

Acquitted .

22, 23. (M.) Richard Gee and William Price were indicted, the first, for stealing thirty-six glass quart bottles of English wine, value 7 s. seven gallons of strong beer in bottles, value 2 s. and three bottles of ruin, value 3 s. the property of Joseph Shipton ; and the latter for receiving two quart bottles of strong beer, part of the above, well knowing them to have been stolen , Oct. 28 .

Gee. guilty 10 d. W .

Price acquitted .

24. (M.) Elizabeth Butterom , spinster, was indicted for stealing one pair of linen sheets, value 5 s. a linen waistcoat, value 2 s. a woolen waistcoat, value 8 d. and a linen towel, value 6 d. the property of Thomas Pritchard .

Guilty. 10 d. W .

25. (M.) Thomas Rutledge was indicted for stealing eight-four pound of lead, value 10 s. being fixed to an empty house , the property of Roger Gwyer , November 26 . ++

Guilty . T .

26. (M.) Margaret Lloyd , spinster, was indicted for stealing two China bowls, value 9 s. five China basons, value 7 s. a paper snuff-box, value 10 s. and a lace cap, value 5 s. the property of Samuel Deverel , June 30 . ||

Acquitted .

27. (M.) John Beale was indicted for stealing two silver spoons, value 6 s. the property of James Cowerson , November 9 . ||

Acquitted .

28. (M.) Solomon Wood was indicted for breaking and entering the dwelling house of James Wood , on the second of September , about the hour of two in the night, and stealing two silver tea-spoons, value 10 s. a tea-chest and two cannisters, value 10 s. two cloth great coats, value 18 s. a pair of silk breeches, value 2 l. 2 s. a light coloured cloth waistcoat, value 15 s. a brass ink stand and pen-knife, value 1 s. two sattin cloaks, value 1 l. 10 s. a piece of sattin, value 2 s. a callico quilted petticoat, value 20 s. two white dimity petticoats, value 8 s. nine linen shirts, value 2 l. 2 s. eight linen shifts, value 1 l. 4 s. three muslin-bordered handkerchiefs, value 10 s. a large damask table cloth, value 20 s. a diaper table-cloth, value 4 s. an Irish cloth table-cloth, value 1 s. three linen aprons, value 3 s. one flounce apron, value 5 s. a pair of book muslin ruffles, value 3 s. seven pair of worked stockings, value 7 s. a red and white cotton gown, value 5 s. two linen pillow cases, value 2 s. two shirts, value 3 s. four caps, value 4 s. a pair of linen sleeves, value 1 s. one red and white lawn handkerchief, value 2 s. one pair of scissars with a brass hook, value 2 s. and a brown linen apron, value 2 s. the property of the said James, in his dwelling house . *

There was no evidence to prove the charge upon the prisoner, excepting that of James Hebert the accomplice.

Acquitted .

See the trial of Henry Dixon , who also was concerned in this burglary, No. 594, in Mr. Alderman Trecothick's mayoralty, for which he was executed.

30. (M.) John Giles was indicted for stealing two linen shirts, value 10 s. the property of George Lane Packer , Esq ; October 26 . *

John Humble . I am servant to Mr. Packer: the prisoner has been frequently at our house for two or three years past, he was a gentleman's servant , but had been then out of place a good while; he was at Mr. Parker's on the twenty-sixth and twenty-seventh of October; he went out in the afternoon on the twenty-seventh: in a little time after, my fellow servant called to me and said, there were two shirts of my masters gone; then we suspected the prisoner; upon enquiry we found the shirts were pawned in the name of John Giles for four shillings, with Mr. Muthwaite: these are the shirts (producing them) I can sware they are Mr. Packer's property.

- Muthwaite. The prisoner pawned these shirts with m e on the twenty-sixth of October; I know the prisoner well, and am sure he is the man.

Prisoner's Defence.

I must leave it to the mercy of the court.

Guilty. 10 . W .

30. (M.) Irabella Harris , widow, was indicted for stealing a pair of stone shoe buckles set in silver , the property of James Lambe , April 16 . ||

Mrs. Lambe. My husband's name is James Lambe ; I hired the prisoner to nurse me; the buckles were in my drawer; I did not went them in common; I missed them just after the prisoner was gone; she had a box in the garret, and she was always going backwards and forwards for five or six years; she was an old acquaintance: I saw my buckles at the pawnbrokers; the prisoner confessed that they were mine; (the buckles produced and deposed to by the prosecutrix.)

- Conyer. I am a pawn-broker; the prisoner pawned these buckles with me on the sixteenth of last April; I lent her half a guinea upon them; I am sure she is the person that pawned them; I have known her and her husband for two years.

Q. From prisoner. When were the buckles first brought to you to pawn.

Conyer. I don't know; there was a pair like these brought before; I don't know whether they are the same; she brought them and had them out again.

Q. Did she bring any in a short time before this sixteenth of April.

Conyer. She brought another pair, on which she had half a guinea; she brought them a little before these, and had them out again; she came often to my shop.

Q. To prosecutrix. How long before the prisoner came to nurse you did you see them.

Mrs. Lambe. The Sunday before I was in mourning, and did not wear them; she had not quite left me when I missed them; she came in and out; I did not suspect her then; there were many other people in the house.

Q. Did you never sell or pawn the buckles yourself.

Mrs. Lambe. No; that I did not.

James Lambe . I was sent for by Sir John Fielding about it: I went to the pawn-brokers and saw the buckles; I knew them as soon as I saw them.

Prisoner's Defence.

My mistress gave me the buckles to pawn; I pawned them for five shillings; I took them out and pawned them for ten shillings and sixpence; I did not steal them.

Acquitted .

(M.) Isabella Harris was a second time indicted for stealing one pair of stays, value 20 s. one linen gown, value 3 s. one silk cloak, value 3 s. one pair of dimity pockets, value 18 d. two pair of linen sleeves, value 1 s. one linen pillow case, value 18 d. and one silk handkerchief, value 14 d. the property of Mary Clark , spinster, November 9 . ||

Acquitted .

31. (M.) Elizabeth Dean , spinster, was indicted for stealing a guinea and two shillings and five-pence in money , numbered the property of George Stewart , Nov. 27 . ||

George Stewart . Last Monday was a week, I was drinking with some friends at a house in Drury Lane ; the prisoner came in and asked me to treat her with a pint of beer; I told her she might have some of that; she took me to her room and robbed me of the money mentioned in the indictment.

Q. What time was it?

Stewart. It was between nine and ten when I came into the house; I went to her room about ten; this was about twelve o'clock at night.

Q. Was you sober?

Stewart. I was not very sober when I came to the house at first. I gave her a shilling; she picked my pocket of the rest.

Q. Are you sure you did not give it her?

Stewart. I am sure I did not give it her; I was not so drunk as that. I had wore the guinea in my pocket a month or six weeks; I could know it from a great many; she owned to the justice and the watchman, that she had taken it. There was a young man with a girl, in the other room, had lost 5 s. 3 d. he went to charge a watchman with her, and that was the way it came out.

Constable. We were called to a man that was in this house. We were taken to the room where the prosecutor and the prisoner were in bed, he waked, and said let me see if I am robbed. He got out of bed, and felt for his breaches, and said, I have lost all my money. I asked him what he had lost; he said, a guinea and some silver. The watchman searched the prisoner, and found the money, laid in the indictment, upon her. She was very agreeable to be searched: she said, she did not know she had again in the world; she said, they went to bed in the dark, and she did not know what the prosecutor had given her.

Q. Did she say she had robbed him of it?

Constable. No. she did not.

Henry Bull . a watchman, confirmed the evidence given by these witness.

The prisoner, in her defence, said the prosecutor gave her the money in the dark.

Acquitted .

32. (M.) Robert King , John Welsh , and James Deverux , were indicted for breaking and entering the dwelling house of James Rudge , on the first of December , about the hour of twelve in the night, with intent, the money and effects of the said James, to steal . +

John Rudge . I live in the parish of Edger ; my house was broke open last Saturday night. I was awaked out of my sleep with the noise of a window breaking. I looked at my watch; it was about half past eleven. I did not get out of bed directly, but waited to hear more noise, I heard a noise like people getting in; then I got out of bed: I looked out at the window, but saw nothing. The third time I looked, I saw a man coming up a paved court that leads to the window where I heard the noise come from; it was a ground floor window: I went back to bed, and rang the bell for the servants: I came to the window again. and saw a boy in a blue coat, about the size of the prisoner Deverux. After I had rang the bell a second time, my servant came down; I believe my ringing has alarmed them; they were making off: I believe I saw four of them when they were going away. They had broke the upper sash, in use to give room for the screw to go up, and they has broke two panes intirely to pieces, the others were cracked. They had broke the window shutter in two or three places, and the sash me thrown up. I never saw any of them before, so I can't sware to them.

Q. from King. Whether you ever saw us about the place? And whether we had any thing belonging to you?

Rudge. No.

Q. When were they taken up?

Rudge. On the Sunday morning; about two miles from my house.

Samuel Rudge . I am brother to the prosecutor, I lived in the house at the time; I saw the window broke as my brother has described. I went out in order to make enquiries in the neighbourhood: about a quarter of a mile before I got to Edger, I passed the three prisoners. Observing the boy answered the description my brother had given me of one of the persons, I had them secured at Edger. They gave very different accounts of themselves. They were not examined as to this fact, they were only examined as vagrants.

All 3 acquitted .

33. (M.) Eleanor Pretty , spinster, was indicted for stealing six linen aprons, value 3 s. two silk and cotton handkerchiefs, value 6 d. two silk handkerchiefs, value 6 d. one clear lawn handkerchief, value 6 d. one linen shift, value 6 d. one pair of leather pumps, value 6 d. two linen caps, value 1 d. one pair of worsted stockings, value 2 d. and one tobacco box, value 2 d. the property of David Reddell , December 2 . ||

Mrs. Reddell. I am wife to David Reddell , the prisoner was my servant ; I suspected her of robbing me: I went to seek for her, and found her at a pawnbrokers, in Golden-lane; she had a bundle under her arm, containing the things mentioned in the indictment.

(The goods produced, and deposed to by the prosecutrix.)

The prisoner said nothing in her defence.

Guilty. 10 d. W .

34. (M.) Ann Style and Mary Byrne , spinsters, were indicted for stealing six yards of clear lawn, value 10 s. the property of Andrew Blakie , October 26 . +

Andrew Blakie . I am a linen-draper at Ratcliff-Cross ; the prisoners came into my shop on the twenty-sixth of October, between four and five in the afternoon; they asked to see some clear lawn; I shewed them some; then they said they should be glad to see some flowered lawn; I, stepping back to reach some, saw Byrne take a piece of clear lawn and gave it Style, who put it under her cloak: when I brought the figured lawn, I told them I had lost a piece of clear lawn; they said if I had I should soon find it again: I looked over the counter to see if they had dropped it; they had not then, but I found it upon the ground soon after.

(The lawn produced and deposed to by the prosecutor.)

Style's Defence.

I know nothing about it; there were three more women in the shop a buying check.

Byrne's Defence.

There were more people in his shop, and his two sisters on the other side; I know nothing about it no more than the child unborn.

Q. To the prosecutor. Was there any other people in the shop.

Prosecutor. No, there was not: I have but one sister and she was backwards.

Both acquitted .

35 (M.) James Laws otherwise Macloclan was indicted for stealing one leather portmanteau, value 1 s. one cloth coat, value 2 s. 6 d. and one pair of leather boots, value 1 s. the property of Nicholas Bond , Nov. 6 . ++

Acquitted .

36. (M.) Ann Berry , spinster, was indicted for stealing one pair of double laced ruffles, one laced tucker, three muslin handkerchiefs, one pair of womens channel shoes, two yards and a half of blood lace, and three yards of ribbon, the property of Louisa Jubello , widow. And one pair of double muslin ruffles, a laced lappet, a trolly laced lapper, nine ribbons, two laced caps, one plain cap, a piece of coral, and a nutmeg grater, the property of Elizabeth Fenny , widow, And forty yards of worked catgut, one yard of lace, and one book bound in duodecimo, vol. the tenth, of Pope's works , the property of William Tompkins , Nov. 18 . +

Louisa Jubello . I lodge at Mr. Tompkins's a dyer in Red-lyon street ; the prisoner was Mr. Tompkins's servant ; I missed the ruffles and the tucker on the 17th of November. I did not miss the other things till they were found in her trunk; they were found in her trunk on Saturday. These are my property ( producing the things mentioned in the indictment as her ) I asked her how she could take the things; she made no answer; she was so confused that I believe she could not speak.

Elizabeth Fenny . I am servant to the last witness; the things of mine, mentioned in the indictment, [producing them] were found in searching the prisoner's box: I did not miss them before. I said, Nanny, how could you do so? She gave me no answer, only bid me not tumble her things.

William Tompkins . The prisoner was my servant; she lived with me near three months.

Q. Did you miss any thing?

Tompkins. There were different things lost. I had no suspicion of her till she took some sugar, or some trifling thing, then we searched her box; we found some soap, which I believe to be mine, and some caps and things of my wife's.

Mrs. Tompkins. I am wife to the last witness. When we searched the prisoner's box, we found those things of ours that are laid in the indictment. [producing them.]

Q. How came you to search her box?

Tompkins. On account of the sugar; and Mrs. Jubello had missed her ruffles: so I insisted upon the maid's boxes being searched. She said very little for herself; hardly any thing at all. She lived with me three months, and behaved very well; we had a good character with her, and I hope this is her first offence. Her father and mother are honest, industrious people.

Guilty. 10 d. W .

37. (M.) JOhntson Biddleston was indicted for stealing one five gallon stone bottle, filled with oil of almonds, value 31 s. and one quart glass bottle, filled with oil of almonds, value 2 s. the property of Charles Sutton , Nov. 10 . ++

Charles Sutton . I am an oilman and live in the Savoy ; I suspected my man and the prisoner were concerned together; I had an information of the prisoner; I attended at Guild-hall where the prisoner was in custody; when he saw me he made his escape from the constable; I told my man his only way to escape would be to confess the fact: he accordingly went before a magistrate and made a full confession.

Charles Humphrey . I am servant to Mr. Sutton.

Q. Do you know any thing of the prisoner's having any oil of your masters.

Humphrey. I was going along the passage; he asked me what trade I was; I told him we dealt in all sorts of oil; he asked me to give him a drop of oil to oil his fire-lock; I did; then he asked me to get him a bottle, I did; he sold it for twelve shillings and gave me six; that was five gallons; then he asked me to get him another, and he said he would make away with it; I said I was afraid my master would find it out; he told me he would give me a pair of silver buckles; I did get him a bottle, and he gave me the buckles; he told me he had a gentleman that would take all I could get; he came down to me again, and asked me to get him some more; I told him I would keep company with him no more; he came down to me again on Sunday morning, and said, d - n you, get me some more, never mind your master, he will not find it out. I got him another; the two large ones held forty-six pounds, the others five gallons each; I got him six in all; he said if I would get him another he would give me a silver breast-buckle.

Q. When did you first begin this business with the prisoner.

Humphrey. I lived a twelvemonth with my master: this was after I had been there about half a year.

Jane Spencer . The prisoner, who is a soldier , lodged at my house; I went to see the soldiers removed out of the barracks in the Savoy; the prisoner was sentry at the prosecutors door; as the soldiers were coming round, he said to his wife, stop, and I will give you a bottle of almond oil; I can get enough of it at any time; I saw him once at his lodgings, teeming-out oil from a large bottle into small bottles.

John Jones . The prisoner used my house; he and Humphreys used to be drinking together at my house; I had a stone bottle left in my house for Humphreys, either by the prisoner or his comrade.

Prisoner's Defence.

Two of my comrades in the barracks used to have oil; I asked one of them to give me a drop, he would not; Humphreys said, if he will not give you a drop, I will, to oil your firelock; I never spoke to him till the last day; I was coming out of the Savoy barracks; he came to the stable to order his horses; he asked me to come to see him; again he asked me if I would have a bottle full of oil then, or come again for it; he went and fetched it, and put it in my sentry-box. Humphreys said he could get me a great deal; he said it was his perquisites out of the cleanings of the jars; I was drawn into it innocently.

For the Prisoner.

- Doughty. I am a serjeant in the third Regiment of Guards; I have known the prisoner ever since April last; I never heard any thing of his behaving amiss till since this affair, now I hear he has done a bad thing in the army, by endeavouring to make his escape, and enlist into the first Regiment of Guards. I know nothing of his private character.

Guilty . T .

38. (M.) John Witney was indicted for stealing a hat, value 10 s. the property of the Reverend Brackley Kennet . *

Guilty . T .

39. (M.) Mary Nearing was indicted for stealing one japan iron box, value 1 d. and one four and six-penny piece , the property of Ann Hunter , Nov. 5 . ||

Acquitted .

40. (M.) Charles Earle was indicted for committing a rape on the body of Mary Matthews the younger , October 19 . +

Mary Matthews the elder. I am mother to the child that has been abused; she was ten years old the fifth of October. The day after St. Luke's day she drew beer for Mr. Ivory. Her master came down to the place where I work to acquaint me that my child had been abused by the prisoner. I went to her; she was in a bad condition; her private parts were swelled to a great degree, and there was blood and nastiness upon her.

Q. Did she appear as if a man had lain with her?

Matthews. She did; she has been at the hospital for the force. Mr. Gloster, the surgeon, examined her, but he would not come to give evidence without I subpoena'd him, and it was not in my power to subpoena him. I am a very poor woman.

Q. Did the child tell you how she came to be in that condition?

Matthews. She told me the prisoner threatened to kill her if she told it to any body.

Q. Was there any disease upon her besides the force?

Matthews. No.

Q. Did you know any thing of the prisoner before?

Matthews. I never saw him before.

Q. How long had your girl been there to draw beer?

Matthews. Near six weeks.

Q. She is very young, but I suppose you have taught her her catechism and the like?

Matthews. Yes.

Q. You being a married woman, now having examined the child, can you take upon you to sware that she had been laid with by a man?

Matthews. I found her body so that she must have been lain with by a man.

Cross Examination.

Q. Pray is there not a boy draws beer at this house.

Matthews. No, there is none.

Mary Matthews the younger. I draw beer at Mr. Ivory's.

Q. Do you know the nature of an oath. Now if you was to sware that which is not true, what do you think would become of you?

Matthews. I should go to hell. The prisoner lodged at my master's: one morning when my master had called me, I opened the door to answer him; the prisoner bursted into the room; he said if I cried out he would knock me down and kill me that minute; he flung me down upon the bed, and put his private parts into my belly; he hurt me very much, and their was blood and nastiness came from me; he said if I told any thing of it, he would kill me that minute. I was afraid to tell my master or mistress for fear of losing my place, and my daddy and mammy beating me.

Q. Did you perceive any thing come from him?

Matthews. Yes.

Q. How long had you lived there at that time?

Matthews. Almost six weeks.

Q. What day was it?

Matthews. The maid went away on Thursday night, this was done on Friday morning.

Q. Did you lie with the maid before?

Matthews. Yes. After he had done what he pleased with me, he said if I told any body of it, he would kill me, and then he went out of the room. About a day or two afterwards, I went into his room in the morning for his candlestick; I was to get them out of all the lodgers rooms to clean: he took his candlestick up and flung it at me.

Q. Did he offer to use you so again?

Matthews. No.

Q. How soon after did you tell of it?

Matthews. I was afraid to tell; the maid found it out by the sheets.

Q. How long after was that?

Matthews. I don't know rightly: my master can tell.

Q. How long was it after his throwing the candlestick at you?

Matthews. About three days after that, the maid went up to make the bed, and found the sheets in a bad condition. I was out a getting in the pots; when I came in my mistress asked me what was the matter with me; I did not know what to say; I told her at last; my master went directly to my mummy; she came and examined me; and then we went before the justice.

Cross Examination.

Q. Was there not a boy at your master's at that time, that drew beer?

Matthews. No.

Q. Did you lie by yourself any time?

Matthews. Yes, every time my master had no maid.

Q. How often had the maid lain with you before she discovered the nastiness you speak of upon the sheets.

Matthews. Two nights.

James Ivory . I keep the Red-Lyon in Orton-street, Clare Market ; the girl lived servant with me. We turned away our maid on St. Luke's day.

Q. Did the girl lie by herself after that maid went?

Ivory. Yes; a night or two, then we had another maid; she staid about three or four days, then we turned her away: then we had Mary Mead ; she came down stairs on Wednesday, the seventh of November, to my wife and I, whilst we were at breakfast; she was as pale as death; she asked her; mistress to go up stairs. My wife went with her; when my wife came down, she told me the child was in a bad way.

Q. Did you hear the girl's story?

Ivory. It was a good while before she would tell us; at last she said it was the prisoner.

Q. Did she tell the same story as she has done now?

Ivory. Yes, exactly.

Q. How did the girl behave?

Ivory. She was as good a girl as could be, till she began to bobble; she was a well disposed girl; I never knew her tell me a story in my life. I went and told her mother what had happened.

Q. Did you ever see her hobble before the time she charges the prisoner with having committed this fact?

Ivory. No; I said to her I cannot think what is come to you, you used to be better than you are now.

Cross Examination.

Q. Did the girl and the several maids lie together?

Ivory. Yes.

Mary Mead . I am servant to Mr. Ivory: I came there on Wednesday the seventh of last month; I lay along with this girl that night. When I made the bed the next morning, I found the under sheet in a very bad situation; it was all over matter; I did not know what might have happened; I took no manner of notice, but when I went to make the prisoner's bed, I found it in the same condition, only not so bad as hers. Finding the sheets in that condition, I turned the feet part up to the head to lay myself and the child clean. Not knowing what it was, next morning I found it a great deal worse all where the child lay; I went directly and acquainted my mistress with it; being a mother of children, it shocked me very much. I desired her to examine the child, for I was afraid somebody had injured her. My mistress came up and saw the situation the sheets were in from the running. The place on the sheets was as broad as the palm of my hand; the matter was yellow and white. My mistress asked her what was the matter with her; she bursted out a crying and said, it was the children. She said he burssed into her room and threw her upon the bed, and told her if she resisted he would kill her. Her shift stood alone with matter

Q. Did you examine the prisoner's bed after that

Mead. It was always in the same condition

Q. Did the prisoner's bed appear in the same condition as the child's.

Mead. There was more, mixture in his, his was a sort of yellow and green.

Prisoner's Defence.

I am innocent of the charge as God is in heaven.

For the Prisoner.

James Purdue . I examined the child on the nineteenth of November last, in the presence of Mr. Howard, Mr. Gloster, and the house surgeon of the Infirmary. We found upon inspection of the parts, that there was a discharge; we did not take it to be venereal, but the fluor albus; there did not seem to be any mark of violation, on the contrary, the hymen, which is the test of virginity, was almost entire; the passage was very straight.

Q. Was the hymen partly broke?

Purdue. Only that part that generally breaks to allow for the fluor albus to issue through; the passage was so straight as hardly to receive a finger. I had a letter from the commanding officer of the regiment to examine the prisoner, who was said to have the foul distemper. I went to him to Tothill Fields Bridewell, and I examined him and found him intirely sound. I examined him the eighteenth, the day before I examined the girl.

Q. Upon your oath do you, or do you not, believe that she had been entered and defiled?

Purdue. I think it was impossible; I believe she had never been defiled.

Q. Did it appear as if there had been any attempt of that sort?

Purdue. I did not see any thing of that sort.

Q. Was there no swelling, or any other signs?

Purdue. No.

Q. But this was a month afterwards?

Purdue. Yes.

Q. Would not all these symptoms have disappeared in a month's time?

Purdue. If there was any inflammation or swelling, it would have disappeared in that time. If she had been entered, I should have imagined the passsage would have been much more open than I found it: the passage must have been more open if she had been entered by a man.

Q. If all the swelling that was occasioned by the force had disappeared, could you form a sufficient judgement, whether she had or not been known by a man?

Purdue. To the best of my judgment I think she had never been defiled: the hymen, as I said before, which is the test of virginity, was most intire.

Q. It must be a complete month between the act done and your inspection: you have heard the act. Might the swellings and the appearances of force have disappeared in that time?

Purdue. I should think it might; I should think she never could have been penetrated by any man: the discharge was quite a vicid: when I saw it, it had the appearance of the fluor albus, not of the venereal infection. I am certain there had been no laceration from the beginning, for if there had there must have been some mark.

Q. Is the fluor albus incident to all ages of the female sex?

Purdue. Yes, more or less.

Ann Brown . I have known the prisoner three years; he was quartered upon me a years; he behaved very well: he is a married man.

Richard Smith . I have known the prisoner fifteen years; he has been all that time a soldier; he is a well behaved man: this is the first complaint I ever heard of him.

Acquitted .

* He was detained to be tried for assaulting the girl, with an intention to ravish her.

41. (M.) John Clark and John Joseph Defoe, otherwise Brown, otherwise Smith , was indicted, for that they, on the king's highway, on Alexander Fordyce , Esq ; did make an assault, putting him in corporeal fear and danger of his life, and stealing from his person one gold watch, value 12 l. and six guineas in money, numbered the property of the said Alexander , August 21 . *

Mr. Fordyce. In August last, the last Tuesday in the month, save one, coming from my house at Roehampton to London, between eight and nine at night, my coach was stopped: I saw three, my servants told me there were six or seven of them; they desired to have our money; I saw two on one side of the coach and one on the other.

Q. Did you take notice of their persons?

Fordyce. It was between light and dark, I could not see them distinctly; I delivered my money, so did my wife; I gave them, I believe, seven or eight guineas; they afterwards demanded my watch; my wife and I both gave our watches.

Q. Did they produce any fire arms, or any thing of that kind?

Fordyce. There were three pistols in the coach at one time; they put a pistol to my head, and another to my wife, the third pistol was pointed to a gentleman sitting on the other side of the coach.

Q. What became of them then?

Fordyce. They went away precipitately.

Q. Did you make any pursuit after them?

Fordyce. No.

Q. Have you heard of your watch again?

Fordyce. I have never seen it since.

Q. Have you seen your wife's watch?

Fordyce. Lady Margaret (my wife) was robbed of her money and watch, and some things hanging to the watch at the same time; that watch I have seen, since it was sold to a watchmaker of credit open Ludgate-hill: I have seen one of the rings that was fixed to Lady Margaret's watch; I don't know the number of the watch, but I know the watch, it is a gold repeater; it was made by my particular directions: I saw the prisoners at Sir John Fielding 's. I thought Clark was one of them.

Q. Did Clark say any thing about the ring or watch?

Fordyce. Sir John asked me whether I thought I knew the man; I said I had been robbed by a man very much resembling Clark, and dressed much as he was at that time: the prisoner Clark has a particular face, * and I thought I recollected him to be one of those men that robbed me. I would not speak positively where the life of a fellow creature is at stake. I believe he is the man.

* Clark is cross eyed.

Q. From Defoe. Do you think either of us robbed you?

Fordyce. I apprehend, my lord, I have given an answer to that question; if I speak again I am afraid it will be stronger.

William Plumley . I am a watch-maker, and keep a goldsmith's shop on Ludgate-hill.

Q. Have you a gold watch in your possession that is claimed by Mr. Fordyce?

Plumley. I have (produces it.)

Fordyce. This is the watch my wife was robbed of.

Q. How came you by that watch?

Plumley. I bought it in my shop, of a person whose name I find is Grindal.

Q. What is he?

Plumley. I don't know; he had then the appearance of a gentleman; he said it was his own property. I bought it on the first or second of October, either Monday or Tuesday; I believe Monday.

Q. Do you know any thing of either of the prisoners?

Plumley. No.

Q. What did you give for the watch?

Plumley. I gave him eighteen pounds; he bought a pair of silver spots of me at the same time, for which I think he gave me two guineas.

Thomas Grindal . I am a jeweller; I bought this watch of the prisoner Clark, the joint property of him, of Defoe, and one Jones, not taken, Clark was alone.

Q. Why do you say the joint property of them?

Grindal. They told me it belonged to the three.

Q. What business did they follow?

Grindal. I can't say.

Q. Did you know them before?

Grindal. Yes, sometime; about eighteen months I suppose.

Q. Did you know them to be partners?

Grindal. No.

Q. Did you never buy rings of them?

Grindal. No.

Q. You had dealt with them before?

Grindal. Yes.

Q. Generally bought watches and jewels, and such things?

Grindal. Watches only.

Q. You generally bought such things as might have been obtained upon Finchly Common and Hounslow Heath, and such places?

Grindal. They did not tell me any thing.

Q. But you had a shewd guess, master Grindal, I suppose?

Grindal. I did not guess any thing about it; I had seen this watch before.

Q. How much did you give for it?

Grindal. Ten guineas.

Mr. Plumley. He bought it with a gold chain to it, and gave ten guineas for the watch and chain.

Q. Was there a gold chain to it?

Grindal. Yes.

Q. To Mr. Plumley. Have you seen the gold chain?

Plumley. No, it came out before Sir John Fielding . He said he sold it to a refiner for about three pound.

Defoe. I used to see Grindal at the coffee-house in Johnson's Court, Charing Cross: I never had any other acquaintance with him, but seeing him once at a Billiard-table. I know nothing of him.

- Dwellihouse. I am a watch-maker; I sold this watch to Mr. Fordyce.

Q. Did you sell a gold chain with it?

Dwellihouse. No.

Edward Holt . I am a pawnbroker.

Q. Did either of the prisoners pawn any thing with you?

Holt. No; one Ann Powell pawned this ring.

Mr. Fordyce. This ring was at Lady Margaret's watch.

Elizabeth Vine . I had a ring in my possession when Clark was in prison before: Clark and Defoe gave it my husband; my husband was their assistant; my husband often lent them money; it has been the parting of him and me.

Court. Look at that ring; was it ever in your custody?

Vine. It was in my pocket eleven days; my husband gave me that and a red ring.

Q. Did you pawn it?

Vine. No, one Bett Powell pawned it.

James Stamford . I am cook and clerk of the kitchen to several noblemen; the prisoners, being in company with me, produced two rings; questions were asked them how they came by them; they did not scruple to declare that they robbed Mr. Fordyce of them: they were both in company together; one of them wore one ring, the other wore the other ring; one was a large cornelian; they shewed me them to appoint a value.

Q. How long had you known these people before?

Stamford. About a year and a half.

Q. Where was this?

Stamford. At Marylebone, at a private house where they dined. I asked them how they came by them; they said upon the road. Mr. Fordyce's robbery had been mentioned in the papers. I asked them from whom they got the rings.

Q. When was this?

Stamford. I believe in August.

Q. When did you first give any account of this?

Stamford. About seven weeks ago, before Sir John Fielding .

Q. How come you to be there?

Stamford. I was taken out of a house where girls at the town used to live, and was chiefly inhabited by them. Clark was taken at that time, but he was acquainted of that charge: Clark and Defoe were afterwards apprehended, then I appeared against them.

Q. Did you lodge at that house?

Stamford. No, I did not; but I was there about ten or eleven days.

Court. It seems petty extraordinary that they should talk so plainly and openly of a highway robbery?

Q. From Defoe. What day of the month was it we shewed you the rings.

Stamford. I can't tell the day of the month.

Q. To Vine. Did you ever hear the prisoners talk of this robbery?

Vine. They made a common practice of robbing; they got their bread by it; they talked of their robberies; I can't say particularly as to this robbery.

Q. To Stamford. Was it before or after the robbery of Mr. Fordyce, that they talked in this manner to you?

Stamford. It was sometime after, it was not advertised; it was in a paragraph.

Richard Band . I am Clerk to Sir John Fielding ; here is a pawn-broker's duplicate that I found in Defoe's pocket (producing it) it is read, 30th October 1770, three shillings and twopence half-penny, stone ring, Ann Powell .

Holt. This is the duplicate I gave upon taking in the ring to pledge.

Bond. I found this box in Defoe's pocket (producing a small snuff-box) with gun-powder in it.

Defoe's Defence.

The robbery we are charged with we know nothing of, nor the parties, no farther than being acquainted with them at the coffee-house; as to acquaintance with Grindal, we know very little of him, we know no more of him than passing the time of day with him; to up the acquaintance with them both, it can't amount to six-pence. I have two witnesses in the country to prove we were both, in the country together at the time of this robbery. Grindal has been tried twice here for forgery, * and once at Huntingdon.

* See No. 114. in Mr. Alderman Turner's mayoralty.

Clark's Defence.

I was in the country sometime with Mr. Defoe.

Q. To Stamford. Did you see the prisoners about at the time the robbery was committed?

Stamford. Yes, both before and after the robbery; they went to Oxford on account of a rumour against them.

There was another indictment against them for a high-way robbery.

Both guilty . Death .

42. (M.) Nathaniel Lee, otherwise Lewis , was indicted, for that he not being employed in or for the Mint, in the Tower of London, nor being authorized by the lords of the Treasury, traiterously had in his possession, a certain press for coining, without any Lawful authority or sufficient excuse .

Second Court charges him with traiterously having in his possession a certain dye, impressed with the figure stamp, resemblance and simulitude of the head side of a shilling.

Third Court charges him with traiterously having in his possession a certain mould, upon which was stamped, &c. the resemblance of the head side of a shilling.

Fourth Court charges him with traiterously having in his possession a certain mould of iron, upon which was impressed a head side of a shilling, without any lawful authority, or sufficient excuse, October 16 . *

Richard Bond . I am a shoemaker.

Q. Do you remember going any time last summer to the house at Hoxton belonging to the prisoner?

Bond. I went there to search the house for some stolen goods that were taken out of Mr. Scott's house where I live.

Q. What day was it?

Bond. The 6th of October.

Q. What led you to go to the prisoner's house?

Bond. We had a suspicion of this rang the bell, a little girl came and opened door; as soon as the door was opened. the prisoner's, wife; I said to Mr. Halliburton we are very right. I believe: Mr. Halliburton and Scott were just behind me; they went the room and told Mrs. Lee they had a warrant to search her house; she said, very With this, Mr. Lee, who was at the other end of the second room, looked to see who it was he said, Very well, and made a run to garden; Halliburton pursued him and brought him back. When he was brought back, an made a spring to the fore door, and got upon the first stair; I brought him back again. Mr. Scott assisted me, we had a struggle for about ten minutes I believe. At last we got the better of him, and tied his hands; then I staid with the prisoner whilst Halliburton searched the house: they went down into the cellar and brought up this engine and these two dyes (produced in court.) Halliburton searched the prisoner's wife and found a bad half crown and shilling upon her.

William Halliburton . I searched this house along with the last witness. We found the engine fixed upon a square piece of timber, tied upon a post, about two foot over, and the square piece of timber was fixed upon that, the large fly was upon it.

Q. Where did you find these?

Halliburton. In a back cellar.

Q. Did you find any thing else there?

Halliburton. There were many other things which they call dies and dabs and bolsters; I am unacquainted with that trade: here is some sort of metal that I found which has been stamped, and here is a great deal of solder (producing it.) I found this bad shilling.

Q. Were there any other engines found?

Halliburton. There was a small one which is here also (producing it.) The prisoner said the things belonged to one Lewis and were not his property.

Cross Examination.

Q. I believe these dabs and bolsters were in the cellar?

Halliburton. I cannot take upon me to say.

Q. Can you tell where you found the dabs and bolsters?

Halliburton. I cannot tell whether they were in the box or in the cellar. These things I was unacquainted with, therefore I took little notice of them; the small engine was all to pieces, we have had it put together since. The die was in the cellar.

Q. What part of it?

Halliburton. I can't tell what part, I did not believe then that it was a die.

Q. Did you find it loose upon the ground, or where?

Halliburton. I cannot tell that: I did not know the use of any of them.

Q. You did not know that it was Lee's house, did you?

Halliburton. I can't tell that he was in the house when I was there.

Q. What was your warrant?

Halliburton. To search No. 2. Mr. Scott had not got the name; they had been there but a few days.

Q. Do you know the prisoner's trade?

Halliburton. No.

Q. Why did you not produce the dies upon the first examination?

Halliburton. I did not know that there were any gentlemen belonging to the Tower there.

Elizabeth Tither . I lett a house at Hoxton to the prisoner on the 17th September; he went by the name of Nathaniel Lewis to me: I accepted him as my tenant.

Q. Who had the house before?

Tither. One Mr. Darris.

Q. Where does this house stand?

Tither. At Hoxton, opposite the alms houses, it is No. 2. I have three houses together; here is the agreement with the prisoner for the house (producing it.)

Q. Did the prisoner sign that agreement?

Tither. Yes, I saw him sign that name, Nathaniel Lewis (the agreement is read)

Cross Examination.

Q. Did not the prisoner tell you that Lewis was another person that he acted for?

Tither. No, he said he heard I had a house to lett, and we agreed for it; I never heard of any body but himself.

Q. Did you not go and enquire the character of Lewis, according to his direction?

Tither. Yes, of a person, I believe, that took him for Lewis; it was at a jewellers, where he said he had lodged twelve months; they said they knew such a man and his wife very well, and that he did lodge there; he took upon him the name of Nathaniel Lewis .

- Darris. I lived in the house twelve months; I rented it of the last witness; I quitted it on the 28th September, for Michaelmas quarter.

Q. Do you know how long it was before the prisoner came in?

Darris. He came in the same day I went; I went away sooner than I should have done, that he might come in.

Q. When you quitted the house, were any of these instruments in the house?

Darris. No.

Q. Was there any thing in the back cellar?

Darris. There was nothing there but an empty barrel.

Q. To Mrs. Tither. When had the prisoner the key delivered to him?

Tither. I believe on quarter day; I believe it was the day the last witness went away. I sent the key for him to the place where I had enquired his character.

Edward Knavers . I live next door to this house; I was in the house about an hour before it was quitted; I went in with Mrs. Tither; I went into the cellar; there was nothing there but an empty cask.

Q. Did the prisoner take possession of the house that evening?

Knavers. Yes, about eight o'clock, there were two more men with him.

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

Q. What is that engine?

Sage. A press for coining.

Q. What is the other engine?

Sage. That is a cutting engine, this is a dab, and this is a bolster, and this is a die (pointing to them.)

Q. A die, for what?

Sage. It appears to me as if there had been feint shillings raised by it.

Q. That is not in your way, I believe?

Sage. No, the engraver in the Mint knows more of these things: I know this is a press, and that appears to me to have been a die for a feint impression of a shilling.

Q. Do you know of any other use for that machine, besides coining?

Sage. No.

Cross Examination.

Q. It may be made use of for many other purpose, I believe?

Sage. It may for what I know: I have heard witnesses say it is made use of for other purposes. I never saw it made use of for any other purpose.

Prisoner's Defence.

Mr. Lewis came, and said this apartment would do for him: he came in and looked at the kitchen parlour and wash-house; he said it would do very well; he would not go up stairs; he said the lower apartment would do.

Q. To Mrs. Tithes. Was it the other man said that?

Tithes. I can't tell justly whether it was him or the other man; I did not take notice at the time.

For the Prisoner.

Winter. I am a watch-key maker.

Q. Do you know the use of that press?

Winter. It is fit for stamping any thing.

Q. Do you use such a kind of press?

Winter. I do, for stamping watch-keys: they use one much in the same manner for stamping buttons.

Q. Is that press an instrument made use of by different people, in their different trades?

Winter. They cannot do without one.

Court. Do you make use of such a flie as that?

Winter. Yes.

Cross Examination.

Q. You know the prisoner very well?

Winter. I do.

Q. What trade is he?

Winter. He was a publican . I never knew him in any other trade; he has had keys of me.

Q. He is nothing in the button way?

Winter. No, this press will stamp any thing round.

Q. Do you think it would stamp a farthing?

Winter. I believe it would, if it was flat, and laid upon an impression.

Q. Look if you can find any thing among these things used in the watch-case or key way?

Winter. Here is nothing that can be of service in the watch-key way.

Q. When did you last see the prisoner before he was taken up?

Winter. I believe it might be two months before; I had never been at his new house.

Q. You know the difference between a press and a stamp for that purpose; which is made use of?

Winter. There must be both; they can't be made by a stamp without a press; it is impossible; you cannot make the case without the thing is as large as this.

Mark Ash . I live in Bethnal-Green parish; I know Mr. Lee.

Q. Do you know where he was the 8th or 9th of October last; where he lived?

Ash. I keep a public house.

Q. Was the key left at your house?

Ash. No; she desired me to lett him a horse and chaise, he came home the next day and paid me for it; I believe that was sometime in September; I cannot he certain to a week or a fortnight.

Q. Do you remember any thing about the affair?

Ash. I can't say; it was the 8th October, we saw the people coming back from it.

Benjamin Booth . I keep a public house at Hoxton; I live but a little way from this house; I know Mr. Lewis; he came to my house one morning, and had a glass of gin; it was about a week after Michaelmas; he desired me to let him leave a key, and a little man in a blue coat and red waistcoat would call for it; he bid me deliver the key to nobody but him. There came a tall thin man in the forenoon, and asked for the key; I said, there was a key, but I would not give it him; in the afternoon the little man came, and I delivered the key to him.

Q. Do you know where the prisoner went to?

Booth. He did not say where he was going to.

Q. from Prisoner's Council to Winter. Do you know any thing of this Mr. Nathaniel Lewis ?

Winter. There was one Lewis lived with Lee when he kept a public house.

Q. Lewis was a button-maker I think; did he use to work with you?

Winter. No; I have had dealings with him, I saw him about a month ago.

Q. from Council for the Crown. You say you believe there was a Lewis, a button-maker; when did you begin to think so?

Winter. By seeing him at the house, and hearing so.

Q. Was you ever at his shop?

Winter. No.

Q. Did you ever see him work?

Winter. No.

Q. What was his christian name?

Winter. I don't know.

Q. Who called him Lewis?

Winter. The people in the room - he used to be called the button-maker.

Q. Did you ever know the prisoner go by the name of Lewis?

Winter. No, never.

John Wyatt . I am a shoemaker.

Q. Do you know any thing of Lewis?

Wyatt. I have seen the man they call Lewis along with the prisoner.

Q. Do you know if Lewis was at Lee's house at any time?

Wyatt. Yes; I believe he used to be at Lee's house, at No. 2; they came into the house last quarter day; I have seen him at the house when I have went there.

Q. Do you know what business Lewis was?

Wyatt. I do not; I never saw him work.

Court. What sort of man was he?

Wyatt. A short man.

Q. What part of the house did you see him in?

Wyatt. I saw him in the parlour.

Q. You did not see him in the cellar?

Wyatt. No.

Q. from Prisoner's Council. Did you ever see him have any thing for making buttons?

Wyatt. No; I thought he was a lodger.

Q. Was you ever employed to search this house for any thing?

Wyatt. After Mr. Lee was in trouble, Mrs. Martin sent for me to come to her; that was the person that lived with him. I went to her in Bridewell; there she delivered the chest that was taken out of the house, which Sir John had returned to her; I found that thing in searching the house [it appeared to be the face of a button.]

Cross Examination.

Q. How long was this after the prisoner was in trouble?

Wyatt. A few days; I was desired to go to the house to take care of the things.

Q. Who bid you look at this particular place?

Wyatt. I moved every thing; I was not desired to look in any particular place.

Q. Who gave you the key of the house?

Wyatt. Mrs. Martin gave me the key on Friday night; Mrs. Martin and Mr. Lee were both committed together.

Elizabeth Smith . I have known the prisoner two years.

Q. What business was he?

Smith. He sold muslins, and buttons, and stockings, &c. He came to a mistress of mine that I nursed, to sell some goods; he always bore a good character.

Cross Examination.

Q. What sort of buttons did he sell?

Smith. Stone buttons for the sleeve.

Mary Randall . I keep a shop in Spital Fields; I have known the prisoner five or six years. I have bought muslins, and buttons, and stockings of him; I have always found him an honest man.

Abraham Leorder . I am a stable-keeper; I have known the prisoner ten or eleven years; I have had dealings with him within these few years last past. My wife has sometimes bought some pieces of linen of him; the day he had the horse and chaise, he applied first to me; I went with him to get a chaise; it was Monday 8th of October; he has always had a good character. The last bill he paid me was four guineas and a half.

Mary O'Conner . I live in Whitechapel; I have known the prisoner twelve years; he always had a good character.

William Davis . I live in White-chapel. I have known the prisoner four or five years; he has always had a good character; I have had dealings with him; I found him always just and honest; I never received any bad money of him.

James Green . I live at Mile-end. I have known him eight or nine years; I never knew any harm of him; he is reputed to be a very honest man.

Q. To Halliburton. Was this die found behind a tea-kettle?

Halliburton. I searched every part of the house, and for very little booty for any thing that I could find; we made a second search. I believe there was a tea-kettle; I moved every thing, in every part of the room.

Clark. I was present with Mr. Halliburton when he searched the house, I remember the room mentioned; there was nothing like this die found there: the tea-kettle was removed, and there was nothing behind it.

Q. Has that die ever been used at all?

Clark. It is a new die, but I believe it has been used by the impression; the places where the screws have bore against, don't answer to the die.

Q. Where did the kettle stand?

Clark. Upon the left hand.

Q. From prisoner, to Halliburton. What part of the room did you see the kettle in?

Halliburton. By the fire-place; it did not stand upon the shelf.

Prisoner. I am obliged to go about my business every day, that I don't go into the cellar. If I had been there a month or more, I should not, perhaps, have gone into the cellar.

Acquitted .

43. 44. (M.) John Williams and John Taylor, otherwise Devil Taylor , were indicted, for that they on the King's high-way, on Lucy, the wife of Edward Gill , did make an assault, putting her in corporal fear and danger of her life, and stealing from her person one cotton bed gown, value 5 s. one flannel waistcoat, value 18 d. one silk and cotton handkerchief, value 3 s. and one piece of canvas, value 1 d. the property of the said Edward Gill , Nov. 25. *

Lucy Gill . I am wife to Edward Gill , I was robbed on Monday was a week on Chelsea-common , about half an hour after four. I met the two prisoners; Williams leered a little before he came quite up to me: he took the bundle containing the things mentioned in the indictment, from under my left arm, and put it under his own arm; he did not speak a word, but turned about and went off with my bundle. I had two keys in my hand; I struck him on the face with them; I had my other hand upon the bundle; upon my striking him he let it go, and struck me on the right-side of my head.

Q. Where did you strike him?

Gill. Upon the side of his face, very trifling; he tore my cap from my head, and pulled my hair in a dreadful manner. I cried out murder: there were some people gathering potatoes in an adjoining field came out to my assitance, and the prisoners ran away.

Q. How near was this to the road?

Gill. The length of a field from the King's road; the men from the potatoe field pursued them, and I went home bare-headed.

Q. Did you ever see either of the prisoner before?

Gill. No, never as I know of; they were taken in a very little time. Taylor stood about three yards from me. At the time Williams robbed me, he passed me, and stood still when about three yards from me.

Q. What was in your bundle?

Gill. A bed-gown and a flannel waistcoat. The man brought the prisoners to my house soon after I got home; I knew them directly; they said they had never seen me.

Henry Harwood . I was at work in the field, digging up potatoes; I saw the two prisoners about Chelsea common about two o'clock with a girl of the town; they continued there till about half past four, as near as I can guess. We heard the prosecutor cry out, Murder! we jumped over the hedge immediately. They were about two or three hundred yards from us; the prisoner ran away; the prosecutor desired we would pursue them, which two men and I did. We met a boy that told us which way they were gone; we took them just by Chelsea college; they were walking under the trees.

Q. from Taylor. Did you see us upon the common from half after two to half after four.

Harwood. You was not off the common I believe.

William Wakeman was in company with the last witness when he look the prisoner, and confirmed his evidence.

The prisoners said in their defence, that they had made a holiday, and had been taking a walk round the fields; that they met the prosecutrix; that they might molest her for any thing they know, but that they had no thoughts in the world to take any thing from her, and only attempted to kiss her.

Williams called Robert Clarke and John Sharpe , who gave him a good character.

Both Acquitted .

45. (M.) George Newton was indicted for the wilful murder of George Atkinson , by giving him several mortal fractures in his skull with a capston bar, with which he languished from the 29th of October to the second of November, and then died . +

Newlove. George Atkinson the deceased, was a carpenter on board the Charming Betsey from Hambrough; he died at the London Infirmary on the second of November, by a fracture in his skull.

Elizabeth Newlove . The deceased went from my house about eleven o'clock; before twelve o'clock he was brought back for dead.

John Hewett . I belong to the Charming Betsy. The night this happened I was in the cabbin getting my supper, one of the boys came down and told me there was a dispute forward, and that there was a challenge to fight between the deceased and the prisoner.

Q. What was Newton?

Hewett. He was the Custom-house officer on board. They came upon the main deck and began to hustle one another about, but there was no blows; the deceased got the prisoner up against the main shrowds; I took hold of Atkinson's arm, but I could not pacify him. The prisoner got clear from him and ran from the quarter deck to the main deck, and took a capston bar out of the long-boat, which was standing upon the main deck, and held it up and swore he would knock down the first man that came near him. The deceased ran towards him and endeavoured to get a hand-spike out of the long-boat.

Q. That is a dangerous weapon, is it not?

Hewett. Yes. Before he got the handspike out of the boat, Newton struck him on the side of the neck.

Q. Do you know what the quarrel began about?

Hewett. No, I was not there. Atkinson made a stagger towards the long-boat; he recovered and then made towards the prisoner again: Newton struck him the second time upon his head, and that knocked him down.

Q. Was the prisoner apprehensive that the deceased was going to strike him with the bar?

Hewett. I apprehend so.

On his cross examination he said, that the deceased and one Thomas Newlove , who had left the ship at Yarmouth, and a waterman, came on board the ship about half an hour before; that they wanted to run some Geneva which the prisoner would not admit of, upon which Newlove bid the deceased lick the prisoner and throw him over-board, and that what the prisoner did was in his own defence.

Newlove. Atkinson and I left the ship in Yarmouth Roads; Atkinson and I went to get some gin and wine we had on board, the rest of the ship's company had had that favour granted them. We found the prisoner in my bed; we asked him to let us take our property on shore; he seemed to growl at it; the deceased told him to turn out, he had no business there; he said to him come upon deck and drink; they went upon deck; then Newton challenged the deceased to lick him; I was not upon deck when he received the blow.

Cross Examination.

Q. You hear what the last witness has sworn; did you bid the deceased lick Newton and throw him over-board?

Newlove. If I did say it, I said it below. I don't think I said any such thing; possibly I might say they were a parcel of rascals.

Alexander Perril . George Atkinson and Thomas Newlove came on board for their right and property: Newton was a bed; some words passed; Newton grumbled and said, if the carpenter would go upon deck he would bang his jacket. I was below stairs all the time.

Prisoner's Defence.

I had been up two nights; I saw an empty place and sat down upon it; Newlove came down and spoke to Alexander Perrill , and asked him if they could get away the goods: Perrill said there is the officer sets there; Newlove asked me if I would let twenty-six half anchors go out of the ship; I said they should not; he said I imagine there are some you have granted a favour to in your life time; I said no, nor should I grant it him. Atkinson that is dead said, d - n your blood you dog get off from that place, or I will kick your a - e. I said you are not able, my friend, to do that. Newlove said, d - n the dog, cut his liver out and throw him overboard: he run me up against the shrowds; he took hold of my thigh and attempted to throw me over-board; the captain came up; I desired his assistance. Newlove got me down and jumped upon me with his knees, he never struck me with his hands; I got from him; they run me into the quarter deck; I fell down upon my knees; the captain cried, you dogs do you want to murder the man, and laid hold of the deceased. I took hold of a piece of wood and swore I would knock down the first man that came nigh me: he flung himself from the captain and run up to me; I struck him over the arm; the boat is very high, it is in a bed they have made on purpose for it; there are hand-spikes lying there; he took hold of a hand-spike and had got it above his head; I struck at him immediately, and he fell with his head against the place. Newlove immediately made a blow at me: I had not power to strike; the mate came up; I cried out murder; there were two or three boats same along-side us, I suppose to take the liquor away, When Newlove found he could not get them away, he went next morning and gave an information of the liquor, and they came down from the Custom-house next morning and took away twenty-two half anchors. When Newlove had got into the boat a going from the ship, he said to the captain, d - n you, you dog, I will do for you: Newlove came back again to me, and said he would give me four guineas to let him have his liquor away. I said if he would give me fifty I would not take it.

The prisoner called Alexander Scott , the Captain of the vessel, who confirmed the account of the transaction that the prisoner had given in his defence. He called several other witnesses, but the court thought it unnecessary to examine them.

Acquitted .

46. (M.) John Walton was indicted, for that he on the King's high-way, on James Moseneau , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a muslin handkerchief, value 10 d. the property of the said James Moseneau , Nov. 28 . ||

It appeared from the evidence that the prisoner had been guilty of a violent assault upon the prosecutor, but it did not appear that he had any intention to commit a robbery.

Acquitted .

47. (L.) Thomas Bede was indicted for stealing five printed books, value 9 s. the property of Edward and Charles Dilly , December 1 . +

Guilty. 10 d.

[Transportation. See summary.]

48. (M.) Thomas Smith was indicted for that he, on the King's high-way, on Jonathan Hazell , did make an assault, putting him in corporal fear and danger of his life and stealing from his person one shilling and six-pence in money, numbered the property of the said Jonathan Hazell , Nov. 11 . *

Acquitted .

(49) EDward Butnell , ironmonger , was indicted for wilful and corrupt perjury, in an affidavit sworn on 6th of January before a proper officer at Wood-street Compter ; wherein he swore that Henry Pyefinch was indebted to him in the sum of 3 l. and upwards, for goods sold and materials found; the contrary of which is asserted to be the truth . ++

Samuel Savile . I am one of the clerks of the Poultry Compter; it is my office to sware affidavits.

Q. Do you remember Mr. Burnell's making that affidavit (shewing it him.)

Savile. I do not remember Mr. Burnell's coming to me upon that occasion; but I know that affidavit was sworn; I believe Mr. Funter drew it.

Mr. Funter. I drew that affidavit; Mr. Burnell was a client of mine.

Q. Do you know of any application being made for the payment?

Funter. When Mr. Burnell applied to me, I advised him otherwise; but he said he was determined he should be arrested. I believe Mr. Burnell is a very honest man. I know of no application made to Mr. Pyefinch for the payment, except what Mr. Burnell told me.

Henry Pyefinch . My house was burnt down some years ago; I was to build it up again. I was to lay out a certain sum, and to employ who I pleased. I employed Mr. Holland, the builder, to take the whole trouble of the building upon himself; the agreement with him was made in writing. I saw that writing executed; (the agreement is read.)

Q. Did Mr. Holland begin to build the house?

Pyefinch. He did.

Q. Who did the Smith's work?

Pyefinch. One Edward Burnell ; I did not know him till some months after he was employed by Mr. Holland.

Q. Had you any bills for Smith's work delivered in by themselves?

Pyefinch. They were brought by the builder. I paid all the accounts to the builder, and not to the particular workmen. I have all the bills here (producing them.)

Q. What is the date of the last receipt?

Pyefinch. The last receipt is for 131 l. but there is no date to it. There is a receipt dated 29 June 1767; that is the last bill. The first bill was for carcasing the house. The whole of these bills were for Smith's work. The pavement before the house was lowered, and the iron bars were lengthened: the order was given immediately to the proper Smith who had made that iron work to make an addition to it: it was given to Mr. Burnell; it was made directly; I should have left it as it was; the bills would have been brought me in, but the builder came himself, and said it was done in so bad a manner that he was ashamed of it; and said his son should draw me a fresh draught of a complete sett, and he would make Burnell take the iron work again. I was not to pay for any thing that did not please me; I had paid for the first sell that was put up, and not the present one.

Q. Where is that charged?

Pyefinch. All that I have paid for is the first sett of irons that were put up before the pavement was changed.

Q. Had you any bills delivered by Mr. Holland between your first and second iron work being put up?

Pyefinch. I think I had not the bills in till afterwards; the building had been completed but a very little time; I don't believe the Smith's work was even done then. I did not hear that Mr. Burnell had any bill against me for at least twelve months; I believe I have that bill; I am not clear whether it is quite the same; the amount of this bill is 4 l. 18 s. 6 d. Mr. Burnell gave me this bill a little before the cause in the Sheriff's court after the arrest; the amount in the first bill was something about the same sum; I sent the first bill back, I had nothing to do with him.

Q. Has Mr. Burnell been allowed for these alterations by Mr. Holland?

Pyefinch. He will answer that, if Mr. Holland had brought me in that account, I should have paid it immediately.

Cross Examination.

Q. Mr. Burnell was to be paid by somebody; Did not he make more than one application for the money?

Pyefinch. Two or three.

Q. Did he not apply ten or twelve times?

Pyefinch. No; nor half the number.

Q. Do you remember any expression you made use of at that time?

Pyefinch. I knew Mr. Burnell then, and did not believe he could have used me so.

Q. Do you remember the time the paviors came over against your door?

Pyefinch. No.

Q. Do you remember the time Holland's bill came in?

Pyefinch. No, I paid it in June, the bill was delivered about two months before.

Q. Look at this (shewing him a drawing) is this the nature of the alteration?

Pyefinch. I believe it was, but not quite so handsome.

Q. Do you know whether Mr. Holland has charged for any more iron work than this?

Pyefinch. I can't tell one way or the other.

Q. Did you direct Mr. Burnell?

Pyefinch. I did give him particular directions to have the place stopped up. I can point you out four or five things in the bill that even Mr. Holland did not know of.

Q. Was there nothing said about an application being made to Mr. Holland concerning this alteration?

Pyefinch. I don't know that there was.

Council for the prosecutor. I understand you, that you was to give directions to the particular people?

Pyefinch. I was, and I did give directions throughout the whole building.

Court. Do you know whether the agreement between Mr. Holland and you was made known to Mr. Burnell.

Pyefinch. I can't say; but Mr. Burnell must certainly know of it.

Q. I want to know that fact?

Pyefinch. I have no doubt of it, in my opinion.

Henry Holland . I was employed by Mr. Pyefinch to do all the work in his house; my son was the acting person; I stood security for him; I left it all to my son; he received and paid, and I believe Mr. Pyefinch was very well satisfied.

Q. Who was to do the Smith's work?

Holland. Mr. Burnell was employed by my son to do part of the business.

Q. Do you know any thing about this affair of Mr. Burnell's.

Holland. I do, by accident. I saw the work, it was very badly done; I bid my son at his own expence take it down and put up something that was handsome, which he did; in about half a year after Mr. Burnell came to settle the account with my son and some other business, he brought in no such bill as that read; he did not make a charge of that alteration till a considerable time after, Mr. Burnell said he had called upon Mr. Pyefinch, and he would not pay it, and said he had no right to pay it. Mr. Burnell said that it was a job of his own, that he would have it made immediately, and would not consult Holland about it, for he wanted it done in a hurry.

Q. Was there no account made by your son to Mr. Pyefinch for this alteration?

Holland. He never asked it, Mr. Burnell gave credit for the old iron work; my son paid him about seven guineas, which he was out of pocket, to make a pretty thing to please Mr. Pyefinch, for the first jobb before it was altered.

Q. Was not Mr. Burnell, allowed by your son for the alteration, for if I understand right, the old rails were taken away.

Holland. Mr. Burnell allowed for them, they were longer and more expensive; he was paid for these rails the last time out of my son's pocket.

Court. Was Mr. Burnell paid so by your son as to include the alteration of the rails?

Holland. No, not a halfpenny, it was the alteration that Mr. Pyefinch gave himself; my son knew nothing of it for half a year: the bill for the first railing was carried in to Mr. Pyefinch, the alteration was never known to me nor my son, till all the accounts were closed; the old railing was taken down and allowed for as old iron.

Q. Had Mr. Burnell ever been paid by your son for that?

Pyefinch. No.

Court. It cannot be material after what has passed, to enquire whether Mr. Burnell can be guilty of perjury; the truth of the matter is this, the bill for this alteration was never carried into Mr. Holland; there can be no colour for a charge of perjury; Mr. Burnell should not have attended Mr. Pyefinch, it was indecent to be sure. On the other hand, this prosecution is worse, because it is a serious thing to bring an indictment for perjury; this is always the case, when people do their business with warmth and without temper.

Acquitted .

50, 51, 52, 53, 54, 55. (L) James Clifford , William Bean , Cornelius Connor , James Moley , William Longland , and William Dixon , all journeymen taylor s; were indicted for a conspiracy with intent to raise the price of wages, and reduce the hours for working . ++

William Dunshar . I am a journeyman taylor, and work with Mr. Henry Clann , in Spital-fields. I was one of the members of the house of call in Spital-fields. About the beginning of December last, a circular letter was sent to the society I belong to, desiring the society to send a representative to meet the Town at the sign of the Maidenhead in Ram Alley, Fleet-street. No attention being paid to this, about the middle of December last a second was sent, containing words to the following purport:

"That several journeymen taylors had assembled to work piece-work, and upon other business of importance" signed, the Town. After the letter had been read in the society, they desired me to go and meet the Town as their representative, and deputed me to act for them. I went to the Maidenhead next evening, that was Wednesday; there were about nine journeymen there; they desired to know what wages we had, they said they had 3 s. a day, and plenty of work. He called to the representative of Westminster and places adjacent to know what wages they had; they made that answer. Then he called for those that represented the city of London to give instructions; he called to me to advance; I did, and desired to know the cause of that meeting; he told me he supposed I had heard or seen the note that had been sent, about the taylors that worked piece-work in Long-acre; he then gave me instructions, which was these: that it would be a great prejudice to those journeymen that had assembled there and that the taylors of Westminster had com to a unanimous resolution not to work piece-work or over hours, and those that did it were to be excluded from the society; and they were to pay a fine of 5 s. upon reenterance; and that they should not work or be re-entered till the fine was paid: these were the instructions that I was to deliver to the society I represented. They agreed to work with no matter that work'd by the piece, nor with any that gave work for over hours; nor with those that worked over hours; and any that should act contrary thereto, were to be fined 10 s. 6 d. and I was to bring the conditions of the society, I represented, to them at their next meeting. I desired leave from them to make remarks upon their proceedings: I told them that I highly disapproved of their meetings, as it might be attended with fatal consequences. After I had represented it to the society, they all agreed to work for the wages allowed by law. We continued till the 4th of January, when we received a note, desiring as to meet at the Poulterer's Arms in Honey-lane market; it was signed The Town. The contents of it were, that the journeymen in Westminster had agreed to strike off on the 8th of January, and they wanted to know whether the other societies were willing to do the same. It was put to the vote, eleven agreed to it, and ten opposed it; they were to meet on the 7th of January in the evening, and were to strike upon the 8th. On Saturday the 6th I desired the members of the society to be together, and we agreed not to take any notice of the Town; and we agreed to work on Monday the 8th for the wages allowed by law. We continued to work without being molested till the 16th, and then about half past Six, four men came up into the shop, and went to the right hand side of the board, and required of the men to leave off work, pulling sticks from under their coats, with many imprecations, threatening revenge to those that would not directly comply. They fell upon one Andrew Bineau , he not knowing what they said; one of them gave him a violent blow upon the side. Then they came on the other side of the shop, where I was working, and desired me to leave off directly. It was very hard to leave off that moment, as my master had some things in a hurry; I desired we might work till one o'clock, and then we would strike. They said it was in vain, we must strike directly. I replied, that I would not consent to their demands be the consequence what it would. I pretended to leave off work. I got upon the board, and took an iron in one hand and a plank in the other, and defended myself. I seized one in the shop, and Mr. Clann, my master, secured another; but for want of an officer they made their escape. The next night I went to the Blue Last in Salisbury Court, and remonstrated with James-Cargill on the ill consequence of their proceedings. He replied to me, that it could not be avoided, we should comply with the Town, and then such things would not happen. He said, you have it now in your power to have 3 s. a day, and to force the masters to give it; and I request that you would persuade others, and then the scarcity of hands will make them give more wages; and I recommend it to you in general, that all men that work at under wages you do keep to the original fine.

Q. Have you seen the several prisoners at the bar; do you know them?

Dunsbar. I don't remember any one individual there.

Q. Do you recollect that association in the Minorities?

Dunsbar. No, I was not there.

Richard Evans . I am a journeyman taylor, I know the prisoners Dixon and Longland, I know the others by sight.

Q. Do you know of any general meeting of the journeymen taylors, called the Town?

Evans. I have known several that have been sent as representatives to meet the Town.

Q. Do you recollect one in the Minories?

Evans. There were several, but none in particular at that time; I know the society in the Minories, at which Frazer acted as Clerk; I was present at that.

Q. What did they do?

Evans. Mr. Frazer and I were shop-mates, on the 10th of January last, he told me that an order was issued out by the clerk of the committee, that all journeymen taylors should strike for 3 s. and he said that if we did not all agree to strike, we should be very ill used at night. I therefore thought myself under a necessity to comply with it; six of us did strike, I went the same afternoon to the Marshal and Anchor, where I found none that had struck for wages; about seven at night there might be I believe, about twenty or twenty-five that were determined to strike according to the order of the clerk of the committee: on the 15th, when I went into the house aforesaid, about eight o'clock, Dixon, Frazer and Longland were present; Dixon rose up, d - d my blood, and asked me where I had been that I had not attended the house to know what they should consult about for that time. I told them I had been doing a little business for my uncle; then he and Frazer seized me by the collar and bid me sign a paper they had got, in order to go and search Mr. Neale's men and Mr. Thompson's and Clann's in Spital-fields. I declared I could not agree to it nor sign it; they d - d me again, and asked me why I would not be agreeable with the rest of the men, for that many of the men had signed that paper in order to meet him at five in the morning precisely, and they were to bring sticks in their hands and stones in their pockets; part were to meet at the Angel in the Minories, and part at the Pea-hen in Bishopsgate-street, and they said d - n their journeymen's fouls, if they will not agree with the Town to raise the wages to three shillings and three halfpence per day, we will break their arms and fingers, and knock out some of their eyes.

Q. Who said this?

Evans. Dixon, Longland and Frazer; they said they would break their arms and fingers, &c. and then they were sure they could not turn doings; by these mean they obliged me to agree to sign that paper. I told then they might put my name down, and if I did not meet them I would pay any fine that they should fix upon me; and as the Pea-hen was a house of call, I made in my business to call there, and I found about six there that were all entire strangers to me; they asked me what house I belonged to, and asked me if I would meet them in the morning; I told them I knew nothing to the contrary; they were preparing themselves with sticks, and they wanted to know where they could get stones; one said there was enough in Moor-fields, and they could get them as they went along, and also they said they hoped that every man would have conduct enough not to call any man he knew by his right name, for it might be dangerous: before we went, after I had left that house, I took an opportunity to give an information of it to a servant of Mr. Adam Neale 's, and he and I went to his master. Mr. Neale's was in bed; we went to his uncle and by his order we went to the constable of the night to get him to prepare men to guard the men to work in the morning. On the 16th of January, about eight at night, I went to the house of call: Dixon and Frazer were present, they both d - d my blood, and said, they had been at my apartments to enquire after me; they said I had been to give information against them, I said I had not. Dixon took up a case knife that lay on the table, and said, d - n my blood, if I was sure that you had been to give information, I would cut your throat from ear to ear before you get out of the house.

Q. Do you recollect seeing any other of the prisoners conversant in this matter?

Evans. No, I do not.

Q. How many houses were they to have attacked?

Evans. Three, Mr. Neale's, Mr. Thompson's, and Mr. Clann's in Spital-fields.

Q. From Dixon. What time was it I offered you this violence?

Evans. About eight o'clock.

Q. From Longland. Whether I was present at the last meeting?

Evans. Yes, he was.

Longland's Defence.

I never heard any thing of the persuasion; I have nothing else to say.

Dixon's Defence.

I never saw the paper till a fortnight afterwards; there never was any animosity between us; I sold him a pair of breeches afterwards.

For Dixon

Samuel Carpenter. I keep the Fountain, a house of cast in the Minories; Dixon has used my house about three months; I have sent him to several masters, and I never heard any complaint; we have nothing in my house but what is regular.

- Ingham. I am a baker, and live in Wells-street, near Wellclose-square. I have known Dixon about two years and a bass. he has a good character; he keeps a house there of twelve pounds a year, and is a good neighbour.

Longland and Dixon Guilty . Im .

The other three acquitted .

[Fine. See summary.]

John Barton , Bartholomew Longley , William Brent, alias Brett , Joseph Knight , Thomas Bird , and William Payne , who were capitally convicted last sessions, were executed at Tyburn on Tuesday, December the 4th.

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

Received sentence of death, five.

Mark Marks , Thomas Meekin , Thomas Hand , John Clark , John Joseph Defoe .

Transportation for fourteen years, one.

John Underwood .

Transportation for seven years, fourteen.

James Bunce ; Rose Coleman , James Allen , Mary Kenny , John Flocher , Thomas Bede , Elizabeth Brown , Mary Hutchinson , John Witney , Richard Gee , Thomas Rutledge , Elizabeth Butterom , Eleanor Pretty , John Biddleston .

Wipped, six.

Elizabeth Phillips , Charles Wright , John Giles , Ann Berry , Jane Cook , Mary Adland .

William Dixon and William Longland to be imprisoned in Newgate six months, and pay a fine of one shilling each.

John Barton , Bartholomew Longley , William Brent, alias Brett , Joseph Knight , Thomas Bird , and William Payne , who were capitally convicted last sessions, were executed at Tyburn on Tuesday, December the 4th.

In a few Days will be published, By PERMISSION,

THE Proceedings on his Majesty's Commission of Oyer and Terminer and Goal Delivery for the High Court of Admiralty of England, held at Justice Hall in the Old Bailey, on Monday and Tuesday the 17th and 18th of December, 1770.

Taken in Short Hand by JOSEPH GURNEY .

Printed for J. and F. RIVINGTON, at No 62, in St. Paul's Church Yard.

Just Published, Price bound EIGHT SHILLINGS,

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


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

By the late Mr. THOMAS GURNEY , upwards of Twenty Years Writer of these PROCEEDINGS.

Sold by his Son and Successor, Joseph Gurney , Bookseller in Holborn, opposite Hatton-Garden; who takes down Trials at Law, Pleadings; Debates, &c. and also sold by the most eminent Booksellers of London and Westminster.

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