Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 29 July 2014), February 1772 (17720219).

Old Bailey Proceedings, 19th February 1772.

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 19th, Thursday the 20th, Friday the 21st, Saturday the 22d, Monday the 24th, and Tuesday the 25th of FEBRUARY, 1772.

In the Twelfth Year of His MAJESTY's Reign, Being the Third SESSION in the MAYORALTY of The Right Honourable William Nash , Esq. LORD-MAYOR of the CITY of LONDON.

NUMBER III. PART I.

LONDON:

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

[PRICE SIX-PENCE.]

THE PROCEEDINGS ON THE

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

BEFORE the Right Honourable WILLIAM NASH , Esquire, Lord Mayor of the City of London; the Honourable Sir SYDNEY STAFFORD SMYTHE, Knt. one of the Barons of his Majesty's Court of Exchequer *; Sir WILLIAM HENRY ASHHURST, Knt. one of the Justices of his Majesty's Court of King's Bench +; Sir GEORGE NARES , Knt. one of the Justices of his Majesty's Court of Common Pleas ||; JAMES EYRE , Esq. Recorder ++; JOHN HYDE , Esquire ~; and others of his Majesty's Justices &c.

N. B. The *, +, ||, ++, and ~, refer to the Judges before whom the Prisoners were tried.

L. London, M. Middlesex Jury.

London Jury.

John Smith

John Trantum

Chamberlin Birch

Thomas Hastead

John Sturt

John Taylor

William Withers

John Harbrige

Francis Clarke

Robert Webb

Samuel Key

Thomas Dibbs

Middlesex Jury.

James Sheredine

John Clare

Charles Heath

John Tuffnell

Thomas Haselington

John Russell

William Babbs

John Gaff

Thomas Clark

William Cooper

Francis Jackson

John Cockran

192. (M.) THOMAS CROFTS was indicted, for that he on the king's highway, on Samuel Gates did make an assault, putting him in corporal fear and danger of his life, and stealing from his person 14 s. in money numbered , Jan. 25 . ||

Samuel Gates . I had been up to Middlerow, Holborn, on the 25th of last month. Coming back about three o'clock, I went into the Horse-shoe, a public house in Holborn. I saw there the prisoner, the accomplice, and another who is not taken, they were drinking together; while I was drinking my beer, they asked me where I was going; I said, to Leaden-hall. They asked me to drink with them. They said they were going that way, and asked me if we should have a coach among us. I said, I did not mind it much. One went into Smithfield and ordered a coach, and instead of going to Leaden-hall, they carried me up Long-lane and into Goswell-street, and from thence to the Duke's-head at Islington. I said we were going wrong; they said, No, it all came into one road. Then they brought me back to the old Sun-dial just by Swan-alley; there we went in and had a pot of beer, which I paid for; it was then between six and seven o'clock. The woman of the house would have had me lay there that night. They said, I came in with them, and should go with them; when we came to that house they sent the coach away.

Q. Who paid for the coach?

Gates. It cost me a pot of beer and six-pence. After we had drank a pot of beer, we came out of that house; as soon as I got out of the door they said, this is your way, pointing down the Rope-walk, Swan-alley , and then Shilcock the accomplice, pushed me down against the wall, and then he took my purse and my money, the other two held me. As soon as they had got my purse, they ran away down Swan-alley; I got up and pursued them.

Q. Did you call out when they robbed you?

Gates. I durst not; I was afraid of my life.

Q. What had you in your purse?

Gates. Fourteen shillings within a few half-pence; I had counted it about two or three hours before.

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

Gates. Yes.

Gates. Was you sober?

Gates. I had drank a little, but I was sober.

Court. Consider, this is a heavy charge you bring against these people; are you very certain the prisoner is one of them?

Gates. Yes.

Q. What place is this rope-walk? is it a thoroughfare?

Gates. Yes. I ran after them, and called out, Stop thief! but they got out of my sight presently. I met only a man and a woman there.

Q. You was sober enough to run?

Gates. Yes; and I had a hand-basket upon my arm, that I had carried some sowls in from my master.

Q. Why did the woman want you to lay at the alehouse?

Gates. She would have me lie there, because she thought I was in bad company, as I was a countryman.

Q. Where do you live?

Gates. In Essex.

Q. Are you not pretty well acquainted with London streets?

Gates. I have been at Leadenhall-market, but I am not much acquainted with London.

Q. Had you pulled your purse out while you was in their company?

Gates. Yes, I had, to pay my reckoning.

Jonathan Shilcock. The prisoner, his brother John and I were drinking at the Horse-shoe and Chequer on Snow-hill, we had two pints of beer before the prosecutor came in; he called for a pint of beer, and asked me to drink. He said, he liked a good hearty fellow; that he had got 8 s. in his pocket, and if we had a mind to go and have a frolick, he would spend it upon us. He told me he had a cart in Whitechapel or Leadenhall-market; I said, he had best go through Smithfield. He was in liquor, and did not care to walk, so we went all together to Smithfield; there we took a coach. We ordered the coachman to stop at the Black Horse in Long-lane, and I think we had a pot of beer. There was one George Sweatman there, an acquaintance of the prisoner's and mine. I lodge at the prisoner's mother's, and have known him these four years. I never saw Gates before. We took this Sweatman into the coach, and the prisoner's brother got upon the box. We ordered the coachman to drive up Goswell street to Islington. We went to the Turk's head (I believe it is) The prosecutor paid 6 d. and the prisoner or the other man, paid the other 6 d. for the coach. We discharged the coach there, and the coachman went into the rank. We staid there half an hour, and had a pot of beer and half a pint of gin. Then we called the same coach out of the rank again. We stopped at the Pyed Bull coming down Islington; there we had half a pint of aniseed, which the prisoner and his brother paid for between them. From thence we went to the Gun in Goswell-street, where we had a pint of aniseed. Then we went to Swan-alley, where we discharged the coach. We all four went into a public house at the corner, I don't know the sign; we had a pot of beer, which the prosecutor paid for. We staid there about a quarter of an hour; the prosecutor was not willing to go out of the house; we told him it was a house where they enlisted people for the East-India service, and he would be trepanned; he was so fuddled he could hardly stand. We all four went out together; the prosecutor wanted to go into Bishopsgate-street or Whitechapel; we told him it would be as near to go down the Rope-walk. When we had got about two or three yards down the Rope-walk, he was not willing to pay his reckoning.

Q. You said he paid for the pot of beer and other things?

Shilcock. He did not pay his share; we had liquor at other houses which he did not pay towards; we all got about him and held him, I can't say which held him; there was the prisoner, his brother, Sweatman, and myself.

Q. Was he pushed down?

Shilcock. No; he was pushed up against the wall; there was a hole in the bottom of his purse, and a shilling or so might drop out; there was 9 s. 6 d. I believe, and a bad shilling in the purse; they held him while I took the purse out of his pocket.

Q. Did you see his money at any time before this?

Shilcock. Yes, I saw him pull his purse out at the Duke's Head at Islington. When I took his purse, I told the other three to come to me at the Magpie, Clerkenwell, to share the money.

Q. Did Gates pursue you?

Shilcock. I saw no more of him till I was taken the next morning, near Hicks's-hall; I surrendered myself to the watchman. We shared the money among us at the Magpie, Clerkenwell-green.

Francis Plato . I am a watchman in St. John's-street. As I was upon my beat, about half after eleven o'clock, I heard that John and Thomas Crofts had committed a robbery. I have known them both from children. The person that informed me of it had been drinking at the old Sun-dial. They desired me to make a strict search, they being old offenders. I went into a public house; there I saw Thomas Crofts , his brother John and Shilcock. I went in with an excuse to have a dram. When I came out they followed me; John Crofts and Shilcock went into a house where Croft's mother lives. The prisoner dropt something in the street; I was near him with my lanthorn. He said, D - n you, shew me a light. I did, and he picked up what he had dropt; then I seized him and took him to the watch-house. In about half an hour the man that was robbed came down, and said they were the persons that robbed him.

Q. Was the prosecutor sober?

Plato. Yes, very sober. We watched at the house in the morning, and John Crofts and the accomplice came out of the house; we pursued them; we took the accomplice, the other got off.

Prisoner's Defence.

I don't know what I did; I was quite in liquor; it cost me four or five shillings that day. I could have had some friends here if I had expected my trial to come on.

Q. to Plato. How was the prisoner as to sobriety?

Plato. Not in liquor.

Q. How was the prisoner when you took him?

Plato. He was sober.

Q. Was any thing found upon him?

Plato. He was searched, as I am informed, but nothing was found upon him.

Guilty . Death .

193. (M.) JOSEPH FISHER was indicted for stealing eighteen ounces of silk, value 18 s. and thirty-one ounces of mohair twist, val. 50 s. the property of Joseph Walker and William Walker , privately in their shop , Jan. 28 . ||

William Walker . I am a partner with my father Joseph Walker , we live at the corner of Craven-buildings, Drury-lane , and deal in twist and buttons ; the prisoner is a taylor ; I have seen him at our shop to buy goods several times within these six months. On the 30th of January I missed some twist, the whole number thirty-two ounces. I ordered one of the samples to be cut off the pattern book, and sent it round to the piece-brokers, to desire them to stop it if it should be offered to them. There had been none offered that night; I sent again next morning, and one Mr. Davis said some had been offered him in samples; that the man was to come again with the whole quantity, and then he would stop him; the 30th was Thursday. On the Tuesday following, one Mr. Teage told me a person had offered to sell him some silk; as we had sent to stop twist, he thought it might be mine. I went to his house, and the prisoner came in while I was there. He said he had been in search of the persons he bought it of, to shew that he came honestly by it, but could not find them. I asked him if he had ever sold any thing in Bedfordbury before; he said, no. I mentioned Mr. Davis's name; he said, no. I then desired him to walk with me to Mr. Davis's; he made no objection, but went with me; just before he came to the door, he said, he did recollect Mr. Davis, for he had bought a parcel of twist at the same time that he bought the silk, and had sold it to Mr. Davis. We went into Mr. Davis's shop, and Mrs. Davis said they had bought the twist two days before I sent; and that her husband bid her say she had not bought it; he was not at home. I sent for one of my servants to take care of the prisoner at Davis's, whilst I went to Sir John Fielding 's, to know what step to take. They advised me to bring him; Mr. Davis attended with the twist the next day before Sir John Fielding , and it corresponded exactly with my sample.

Thomas Davis , a piece-broker in Bedfordbury, deposed that he bought some twist of the prisoner, who used to buy things at his shop. (The twist produced, which the prosecutor compared with his sample, and swore it was his property.)

Davis deposed further, that he bought the silk before the prosecutor sent him a warning about it; and that he gave 31 s. 6 d. for it. The prosecutor said that it cost him 3 l. 1 s. 6 d.

The Court severely reprimanded Davis for his conduct in purchasing goods at half their value.

- Teage, who is a taylor and piece-broker in Bedfordbury, deposed that he offered some silk to him for sale; that suspecting it was stolen, he stopt it; that the prisoner went away to bring the person of whom he bought it; that then he went and informed Mr. Walker of the circumstance, who came to his shop, where he saw the prisoner.

The prisoner said in his defence, that he gave a man a guinea and half for the twist at a public house, but that he had not seen him since. He called two people, who gave him a good character, but could not tell where he worked.

Guilty of stealing, but not in the shop . B .

194. (M.) WILLIAM BUTLER was indicted for stealing two iron bars, value 4 s. the property of William Comer , Feb. 2 . +

Acquitted .

195 (M.) JOHN ALMAN , was indicted for stealing three large planes, four moulding planes, two smoothing planes, one rabbet plane, one carpenter's plow, and one iron hammer; the property of William Edwards ; and three long planes, four moulding planes, two smoothing planes, nine iron chissels, seven gouges, one oil stone, one rabbet plane, and one iron hammer , the property of Thomas Ferguson , Feb. 2 d .

William Edwards , a journeyman carpenter , deposed that he found the prisoner on Sunday evening at 10 o'Clock, in a house where he was at work; that, suspecting him, he went to his lodgings, where he found the things mentioned in the indictment.

The tools produced and deposed to by Ferguson and Edwards.

The prisoner in his defence said, that he bought the tools in his shop.

He called Isaac Salisbury and Edward Carter , who gave him a good character.

Guilty . T .

196. (L.) SOPHIA JONES was indicted for stealing one gold ring, value 4 s. the property of John Arnold ; Jan. the 18th .

Acquitted .

197. (L.) ROBERT WILCOX was indicted for breaking and entering the dwelling house of John Caley , on the 25th of January , about the hour of ten in the night, and stealing twenty-nine handkerchiefs made of silk and cotton, 3 l. the property of John Caley , in his dwelling house . ++

John Caley . I am a haberdasher and live at Aldgate . On the 25th of January, a little before ten o'clock at night, while I was in a back parlour behind my shop, one of my young men came and said the windows are broke; I bid him run out; he did, and one Thomas Pearcey came in and said the thieves were run up Church Row; we run there, and we found the prisoner just by the Bell ale-house, which is about 150 yards from my house; my sister saw him drop some handkerchiefs in the shop.

He pretended to be ignorant, and said, we had dropt them there ourselves: they broke the square the handkerchiefs lay against the window; the shop was not shut up, it being Saturday night; there were five or six parcels; upon searching I found three parcels missing from the windows, there were the makers marks upon them; by the marks and the pattern, I believe them to be my property.

Thomas Pearcey . I carry coals for a coal shed in Houndsditch; I was going by the prosecutor's, and I saw the prisoner and another standing under Mr. Caley's window; I had about forty yards to go; they were standing there when I came back; the prisoner stared me in the face; I heard a pane crack, and I saw them draw something out of the window; and they run up Church Row; I told Mr. Caley; so he went after them, and brought back the prisoner; he is the same man that I saw under the window; I saw Mr. Caley's Sister take one parcel out of his apron and two other parcels lay right under his feet, there were no parcels there before he was brought in.

Nancy Caley . When the prisoner was brought back into my brother's shop, I saw one parcel of handkerchiefs drop out of his lap as he stood in the middle of the shop; his apron was tuck'd up; after that I saw another parcel in his apron, which was searched. The handkerchiefs laid quite in view. I took them out of his apron. I suppose the other parcels had dropt before.

John Lanrey . I sold a quantity of such goods as these to Mr. Caley; here is my hand writing upon this piece; I sold it to Mr. Caley.

The prisoner in his defence said, he pick'd the handkerchiefs up in the street, he call'd his mother who said he had behaved very well to her.

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

198 (L.) ROBERT MACKEY , was indicted for stealing ninety-four pounds of mutton, value 30 s. the property of William Worth , Feb. 7th . +

William Worth . I am a butcher . On the 7th instant I was told a sheep was stole, my people went after the thief and brought back the prisoner; I saw the sheep lie in the street a few yards from my house.

John Farms deposed that he saw the prisoner throw the sheep from off his back into the channel, and that he joined Mr. Worth's servants in pursuit of the prisoner, that they took him in a court, and that the prisoner acknowledged in the Counter, that he had the sheep upon his back. The prisoner in his defence said that another person laid the sheep upon his shoulder. He called Sarah Howell who, gave him a good character.

Guilty . B .

199, 200. (M.) SARAH YOUNGER and PETER M'CLOUD were indicted for breaking and entering the dwelling house of Robert Holborn , on the 19th of January , about the hour of seven in the night, and stealing one silver quart mug, value 6 l. and two silver pint mugs, value 40 s. the property of Robert Holborn , in his dwelling house . ||

Both acquitted .

201, 202. (M.) WILLIAM BALLARD , and JOHN HASSIN , were indicted for stealing a silver watch, value 20 s. and one watch key the property of Thomas Blinkinsop , privately in his shop , Nov. 23d . +

Both acquitted .

203, 204. (M.) DAVID ELLIS and BENJAMIN LAWRENCE were indicted for stealing two steal springs, value 21 s. and six stay brass irons, value 6 s. the property of Isaac Dimsdale , Feb. 1 .

The witnesses were called, but did not appear.

Both acquitted .

204, 205. (M.) JOHN SAVAGE and JOHN M'DUFF were indicted for stealing a linen gown, value 2 s. a stuff gown, value 2 s. and two stuff petticoats, value 2 s. the property of Sarah Wilson , spinster , Jan. 13 . ++

Both Acquitted .

206. (M.) ANN BROWN , spinster , was indicted for stealing one pewter quart pot, value 14 d. and one pewter pint pot, value 6 d. the property of Edward Coles , Feb. 1 . ++

Edward Coles the prosecutor, keeps the White Lyon, a public house in White's-alley . The prisoner was at his house on the first of February, when he lost the pots mentioned in the indictment.

Isaac Main , who was drinking in the prosecutor's house, deposed that he saw something under the prisoner's cloak, which he turned aside, and took from her the pots mentioned in the indictment, which were produced, and deposed to by the prosecutor.

The prisoner in her defence said, she was going to carry the pots home.

Guilty 10 d. T .

207. (M.) SUSANNAH RANKAN was indicted for stealing a gold laced hat, value 10 s. the property of William Wright , Jan. 8 .

Acquitted .

208. (M.) ELIZABETH CUSHINBOROUGH was indicted for stealing three ounces of white hand silk, value 6 s. the property of Abraham Gammage , Jan. 8 . ++

Eliz. Resin. I am a silk-weaver, and work for Mr. Gammage; I employed the prisoner in winding hand silk; I was ill on Jan. 8th; I laid down upon the bed, and my girl came and informed me that the prisoner had put some work into her pocket; I got up and taxed her with it, and my girl took out of her bosom about three ounces; (the silk produced and deposed to) it is what I had to work for Mr. Gammage.

Mary Lidden deposed, that she saw the prisoner put the silk in her bosom, which she informed her mistress of.

Mary Lawrence , deposed that she took the silk out of the prisoner's bosom.

The prisoner in her defence said, she was almost seventy years old; and that she was sorry for what she had done.

Guilty . B .

209. (M.) RICHARD CROFTS was indicted for stealing four bundles of espalier rods, value 24 s. the property of Robert Kemshead , Feb. 6 . ++

Robert Kemshead the prosecutor, who is a basket-maker , and lives in Wood's-close, deposed that the prisoner was a journeyman to him two months ago; that he came to ask for work; that he missed several bundles of rods; that he searched the prisoner's room, where he found two entire bundles, and a third he was at work upon; that they were a particular sort of goods, by which he was enabled to swear to them; that the prisoner cried, and said he was willing to make any restitution.

Stephen Kemshead deposed, that he was present when the rods were found, and that the prisoner confessed the fact.

The prisoner in his defence said, that he bought the rods of a man in Smithfield. He called eight witnesses, who gave him a good character.

Guilty . B .

210. (M.) ELIZABETH CROSS was indicted for stealing a wooden box, two silk gowns, one silk petticoat, two pair of muslin ruffles, two pair of cotton stockings, one linen shift, three muslin aprons, a dimity petticoat, two muslin handkerchiefs, two gauze shifttuckers, and one laced hood and handkerchief , the property of William Penrose , Feb. 1 . ||

Sarah Penrose . I am wife to William Pen -rose, who lives at Bisseter; I lodged at Mrs. Miller's house in Shire-lane ; I went out and left the things mentioned in the indictment in my box, when I came back again I missed my box.

John Heley . The prosecutor made a complaint to me that she had lost some wearing apparel; she desired me to go with her to Westminster; a girl gave me an information where the prisoner's mother lived. I went there; I knocked at the door, the prisoner opened it; but before she opened it, I heard something moving in the room. I told her she must go along with me, for she had committed a robbery; she burst out a crying and begged for mercy. I looked round and saw this box. (Producing it.)

Prosecutrix. This is my box, and here are some of my clothes in it now. Sir John Fielding gave me some of them to wear.

Prisoner's Defence.

I am an unfortunate girl; I lodged at this house; it is a very bad house; I had not been long come out of the Magdalen-house. The woman of the house and another girl swore they would put me into gaol if I did not get money for them. The other girl told me to go home to my mother's, and take the box with me. Miller's husband was capitally convicted a sessions or two ago.

Q. to the Prosecutrix. What people live at this house?

Prosecutrix. I don't know; I was recommended to lodge there when I came to town.

Guilty . T .

211. (M.) GEORGE HALL was indicted for stealing five linen table cloths, value 10 s. one gold ring, value 6 s. one pair of gold earrings, value 1 s. one linen handkerchief, val. 1 s. one pair of cotton stockings, value 1 s. and one child's dimity robe, value 2 s. the property of John Roberts , Jan. 11 . +

Francis Swingood . On the 23d of January I missed a table cloth, a pair of gold wires, and a white apron, which were pledged on January 11. Upon enquiry of Mr. Keates, he produced three table cloths, a child's gown, and a white apron. Then I enquired of Mr. Renshaw in Russel-street; he produced a table cloth, the gold wires, and a white handkerchief; they informed me they had taken them in of the prisoner; he went to Mr. Renshaw's about a fortnight afterwards, and he secured him.

Henry Renshaw produced a table cloth, the gold wires and a white handkerchief, which he deposed were pledged to him by the prisoner.

John Keates produced three table cloths, a child's gown and a white apron, which he deposed were pawned to him by the prisoner by the name of Brown, on the 30th of January, all which were deposed to by the prosecutor.

The prisoner said in his defence, he found in Drury-lane the things mentioned in the indictment, tyed up in a bundle. He called five witnesses, some of whom had known him a considerable time, who all gave him a good character.

Guilty . B .

212. (L.) JOHN COLEMAN was indicted for stealing a linen handkerchief, value 10 d. the property of Joseph Gilbert , Jan. 17 . ++

Joseph Gilbert the prosecutor, deposed that going along Fleet-street on the 17th of January, between ten and eleven o'clock, he felt a hand in his pocket; that he turned round, and saw the prisoner have his handkerchief in his hand; that he saw him give it to a woman; that when he secured him, the prisoner offered to make him satisfaction for his handkerchief.

- Dennison, who was in company with the prosecutor, confirmed this evidence.

The prisoner in his defence said, that he did not take the handkerchief; and that the prosecutor offered him 2 s. to make it up.

He called Elizabeth Crouch and Ann Potter , who had known him, the first, four or five years, the other, two or three, who gave him a good character.

Guilty . T .

213. (L.) ROBERT GREEVES was indicted for stealing a linen handkerchief, value 10 d. the property of Philip Masey , February 18 . ++

Philip Masey . I was in Fenchurch-street about seven o'clock on the 18th of February. I felt something in my pocket; I turned round, and saw the prisoner and another lad behind me; the prisoner had my handkerchief in his hand; I secured him, then he dropt my handkerchief.

(The handkerchief produced and deposed to.)

The prisoner in his defence said that the other boy might drop it, but that he knew nothing of it.

Guilty . T .

214. (L.) JOSEPH MARTIN was indicted for stealing a wooden cask, bound with iron hoops , the property of Mess. Mark Bell and Joseph Gosse , Jan. 22 . ++

Acquitted .

215. (L.) LEVI PHILIPS was indicted for stealing two pair of leather shoes, value 8 s. the property of John Turner , Jan. 21 . ++

William Poyner . I was standing in my master's back shop on the 21st of January; the prisoner came in and took two pair of shoes off the shelf; I immediately ran after him and cried out, Stop thief! when I came up to him, he threw the shoes into the dirt. (The shoes produced and deposed to by the prosecutor.

Prisoner's Defence.

I had been in the shop before, cheapening some shoes; I came in again afterwards, and took the shoes from the shelf, and I threw the money down upon the counter.

Q. to Poyner. Is that true?

Poyner. It is not.

Guilty . T .

216. (M.) ANDREW WELCH was indicted, for that he on the king's high way, on James Haysom did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a watch in a shagreen case, value 40 s. and two guineas and 6 s. in money numbered, the property of the said James , December 12 . ||

James Haysom . I was in the king's road, Chelsea , on the 12th of December; four men came out upon me from behind the bank at the side of the road; they caught my horse's bridle, and demanded my watch and money. I said, I would give them my money, but I was not willing to part with my watch. The prisoner said, if I did not give both, he would shoot me dead, or blow my brains out, or words to that purpose.

Q. What sort of a night was it?

Haysom. A moon-light night. The prisoner stood by my side at my horse's head; Collins was behind me, and Tudor was on my left side. I gave them two guineas, I believe, and a half guinea, and 6 or 8 s. in silver. The prisoner felt up my thigh for my watch; he could not easily get it out; he said if I did not pull it out myself, he would instantly blow my brains out. I am a messenger; I was going to Mr. Stevens at the Admiralty.

Q. How did you know their names?

Haysom. Collins turned evidence. I have never seen my watch or money since. After I had delivered my watch and money, Collins said, D - n him, blow his brains out. The prisoner said, D - n you, what would you have? he has behaved like a gentleman, and delivered up his all; you shan't hurt him; and gave me a shilling to pay the turnpike. I refused the money at first, but afterwards I thought it was most prudent to take it.

Q. from the prisoner. Whether you swore positive to me at Sir John Fieldings ?

Haysom. No; I only said, I believed him to be the man; I never swore positive to him before, but I am sure he is the man; I should have been glad to have made him an evidence; for I had no intent to hurt him, because I believe he saved my life.

Q. from the prisoner. Did not you say at Sir John Fielding 's, that you was near-sighted?

Haysom. No; but I did make use of that expression in the court, on Parker's tryal, he standing farther off.

William Urton . I am a journeyman smith; I saw the prisoner pick Mr. Nailor's pocket; I secured him, and Mr. Nailor and I took him to Sir John Fielding 's, and there we found he stood charged with this robbery.

William Rooke . I keep the Hope in Bow-street, Westminster; the prisoner used my house; he confessed to me of twenty robberies he had committed.

Prisoner's Defence.

I was at another place at the time the robbery was committed.

For the Prisoner.

Elizabeth Harrison . I have known him twelve years; he drives a jack-ass, and he used to go with horses to Smithfield; he had a good character for all that I know.

Sarah Drew . I have known him ten or twelve years; I know no harm of him.

Guilty. Death . Recommended .

See William Packer and James Hobbs tried for this robbery, No. 113, last Sessions.

217. (M.) JOHN BOWERS was indicted for stealing three guineas, seven half guineas, three quarter guineas, and a moidore, in money numbered, the property of William Hill , in his dwelling house , Feb. 18 . *

William Hill. I keep a public house in Shadwell . While my wife and the prisoner were sitting in the kitchen on the 18th of February, the key of the room lay by her; she went to sleep, and soon after the prisoner came to me, and asked me for 2 s. to buy a pair of stockings. When he was going, he said he should be back in half an hour; when he was gone, and did not return at the time, I began to suspect him. I went to see if he had done me any damage; I went and overhauled my money; I missed about 9 l. The prisoner came back to my house the next day; I challenged him with taking my money; he denied it at first; but after some time he said, if I would forgive him, he would confess. I said, tell me what it is: then he confessed that he took three guineas, seven half guineas, three quarter guineas and a moidore out of my drawer. I called in John M'Carty, who heard him confess it; then we took him before a Justice; he confessed also before the Justice.

Q. Was his confession taken down in writing, and signed by him?

Hill. He did not sign any thing; he said he could not be easy till he came back to me.

Q. Did he say whether he took it all at one time, or at separate times;

Hill. All at once. He had got a quantity of new clothes, which he said he had bought with the money.

Q. Do you know how he opened the drawer?

Hill. I suppose he put a knife in and pushed back the bolt of the lock.

John M'Carty. I was sitting in Mr. Hill's house when the prisoner came in. Mr. Hill had bid me stop him if I met with him. He had been impressed the day before at the India-house, and Mr. Hill stood bonds-man for him. Mr. Hill accused him with taking his money; after some little time he confessed that he took three guineas, seven half guineas, three quarter guineas and a moidore, out of Hill's drawer. I went with him before the Justice; he confessed the same there, and that he had bought these clothes with the money.

Prisoner's Defence.

I have nothing to say for myself. I did not break the drawer open; the key was in the drawer.

Guilty . Death .

118. (M.) ELIZABETH, wife of Benjamin LITTLE JOHN , was indicted for stealing one stuff petticoat, value 5 s. and one silk hat, value 1 s. 6 d. the property of Ann Holmes , widow , June 6 .

Acquitted .

The prosecutor was called, but did not appear; her recognizance was ordered to be estreated.

219. (M.) MARY HUGHES , spinster , was indicted for stealing five linen sheets, value 10 s. three linen shifts, value 3 s. two linen handkerchiefs, value 1 s. one pair of cotton stockings, value 1 s. one stuff petticoat, value 1 s. one black silk laced hat, value 2 s. one check linen apron, value 1 s. two silver table spoons, value 14 s. and two silver tea spoons, value 2 s. the property of Francis Pyne , Feb. 5 . *

Francis Pyne the prosecutor deposed that the prisoner lived servant with him for two months; that she went away without any notice on the 5th of February; that he went to the prisoner's mother's, where he found her, and found his wife's clothes in her box, and a table spoon in her pocket

- Lyons, a constable, deposed that he was at the apprehending of the prisoner, and confirmed the prosecutor's evidence.

James Andrews , a pawnbroker, produced a table spoon, and another pawnbroker produced a sheet, which had been pledged with them by the prisoner.

All the goods mentioned in the indictment were produced, and deposed to by the prosecutor.

The prisoner in her defence said, her master had given her the things, which the prosecutor denied, but said she had behaved very well before committing this fact, and believed she did it at the instigation of another servant, and recommended her to the mercy of the court.

Guilty . B .

220. 221, (M) ANN BROWN , spinster, alias ANN SARSFIELD , spinster , and MARGARET REVES , spinster , were indicted for stealing a silver watch, value 30 s. the property of William Cattnack , Feb. 9th .

Both acquitted .

222. (M.) JAMES NIMNEY , and SARAH the wife of John Younger , were indicted for breaking and entering the dwelling house of James Shephard , on the 25th of Jan . about the hour of 2 o'clock in the night, and stealing twenty-four silver handle knives, value 40 s. twenty-four silver handle forks, value 40 s. two shagreen knife cases, value 5 s. one mahogany tea chest, value 5 s. one pair of silver shoe buckles, value 2 s. six silver tea spoons, value 6 s. one pair silver dish tongs, value 3 s. and one silver strainer, value 1 s. the property of the said James Nimney .

Both acquitted .

223. (M.) MICHAEL ROGERS , was indicted for stealing one cloth great coat, value 3 s. three stuff gowns, value 20 s. one silver tea spoon, value 2 s. and three pair of worsted stockings, value 2 s. the property of William Green . ++

The prosecutor keeps a public house ; his wife deposed that she saw the prisoner coming down stairs with her husband's coat upon his arm and the spoons in his hand, that she had him secured and the other things mentioned in the indictment were found in his breeches. The prisoner said nothing in his defence.

Guilty . T .

224. 225. (M.) WILLIAM HART , and JOHN FIELD , were indicted for stealing two hempen sacks, value 2 s. and eight bushels of oats, value 16 s. the property of Benj. Smith , Jan. 22 . ++

Benjamin Smith , the prosecutor, deposed, that on the 22d of January he missed two bags of oats out of a lighter that lay at his wharf near the Savoy .

- Fletcher. I was on duty at Somerset-house on the 22d of January, and was stationed at the back of the Savoy. I saw two men, between ten and eleven o'clock at night at the water-side; I challenged them; they ran away at first; then one said to the other, D - n it, it is only the sentry. Then they came back; they passed me, and went among the craft. I know one to be Hart. I went back to my post, and in five minutes time the same two men came up, each had a sack on his shoulder; they went up towards the Strand; I followed them to the steps that went up to the Strand; Hart called me by my name. I said, I don't know you. He said, D - n it, don't you know Will. Hart? then I recollected it was a man I had been at a trial with. I gave information of it to Mr. Smith; in consequence of that, Hart was taken up; at first he denied it, afterwards he confessed that he and Field stole the oats, and sold them to a baker in St. Ann's-lane, Westminster.

The constable confirmed this evidence respecting the confession, and that they sold the oats and some sacks at the baker's, but that the sacks had no marks.

Hart's Defence.

I am innocent; if I confessed any thing, it was when I was very much in liquor.

He called Henry Neale his serjeant, who said he had known him five years, and that he behaved well as a soldier.

Hart guilty . T .

Field acquitted .

226. (M.) MARY FINCH was indicted for stealing one linen gown, value 10 s. one child's jam, value 2 s. one linen bed-gown, value 1 s. one silk hat, value 4 s. one linen apron, val. 2 s. one linen handkerchief, value 1 s. one silk bonnet, value 1 s. and one silk handkerchief, value 2 s. the property of William Gilbert , January 2 . ++

Acquitted .

226, 227. (M.) FRANCIS WILTON and SAMUEL WILTON were indicted for stealing a linen barn cloth, value 4 s. the property of Charles Berridge , Jan. 10 . ||

Charles Berridge , the prosecutor, deposed, that his barn was broke open on the 10th of January, and the barn cloth stolen; that he promised Daniel Fox , a chimney-sweeper, to give him a guinea, if he could find out the thief; and that he secured Samuel Wilton .

Daniel Fox deposed that he saw Samuel Wilton loitering about at Harlington, where the prosecutor lives, at the time the barn cloth was stolen; that he some time after met him, and accused him with having stole the barn cloth; that Samuel Wilton confessed it, and shewed him a barn cloth made into two sheets; that afterwards he took up his brother Francis.

William Jove confirmed this evidence.

Samuel Wilton said in his defence, that he stole the cloth himself, and his brother was innocent.

Samuel guilty 10 d. T .

Francis acquitted .

228. (M.) JOHN SMITH was indicted, for that he, on the king's high way, on Sarah Tarling , spinster , did make an assault, putting her in corporal fear and danger of her life, and stealing from her person one linen handkerchief, value 1 d. one pair of linen sleeves, value 1 d. one cotton gown, value 5 s. and one cap, value 1 d. the property of the said Sarah , February 9 . +.

Acquitted .

229, 230. (M.) JOHN DIBBINS and ROBERT CEAR were indicted for ripping and stealing five iron bars, value 5 s. being affixed to a certain fence belonging to the dwelling house of John Mayne , Esq ; Jan. 25 ||

Both acquitted .

231, 232. (M.) JOHN WEST and JOHN KIRK were indicted for breaking and entering the dwelling house of John Smith , on the 20th of January , about the hour of six in the night, and stealing two pair of leather shoes, value 10 s. the property of John Smith , in his dwelling house . ||

John Smith . I keep a shoemaker's shop in St. Catharine's . I went out on the 20th of January, about three o'clock in the afternoon and returned again about six, when I saw West at the window, looking into the shop; when he saw me, he shifted his place, and went on the other side of the way. I went into my house and drank tea, and then, as I suspected West, I went to see what was become of him. Then I perceived that half a pane of glass was taken out; the pane was cracked before, and there were two pair of shoes gone, that lay against that pane. The hole was big enough for a man to put his arm in at.

Q. Are you certain that you lost two pair of shoes?

Smith. Yes; I am certain I lost two pair. I searched for the piece of glass, but could not find it. I saw no more of West that night. Then I went to the pawnbrokers, and informed them how I was robbed, and desired them to stop the shoes if they should be offered.

Joseph White . The prosecutor came to me on the 20th of January, and informed me he had been robbed of two pair of shoes. On the Tuesday following a woman came to my shop with the shoes Mr. Smith had desired me to stop. I told her, I must stop her. She said, she had them of one West. She went away, and West came, and said he bought them in Rosemary-lane, for 3 s. 6 d. I told him I would enquire of Mr. Smith, before I delivered the shoes to him; and that if he, Mr. Smith, did not claim them, he should have them the next morning. The prisoner went away.

Q. to the prosecutor. Was the shop door shut?

Smith. Yes; but I took no particular notice of the window at that time, as my attention was fixed upon West.

White. West came again, and Kirk with him; but Kirk said nothing about the shoes.

Smith. When Kirk was before the Justice, he had a pair of pumps on, which I am positive are my property; they were remarkably thin; they were made to go abroad. I generally sell them for 5 s. 6 d. but they are not worth a shilling for this country's wear.

West's Defence.

I am a sailor. I happened to meet an old clothes-man in Rosemary-lane. I was going to sea again, and wanted some things; so I bought these shoes of him.

Kirk's Defence.

I am a cabinet-maker; I changed a pair of shoes with a shop-mate for these shoes. I told the Justice, if he would give me till Monday, I could find the man; but he committed me.

Both guilty of stealing only . T .

233. (M) JAMES STEVENS was indicted for stealing one silver table spoon, value 11 l. the property of John Rose , Feb. 9 . ||

Acquitted .

234, 235, 236, 237, 238. (M.) JAMES JENNINGS , JOHN BIRCH , EDWARD SMITH , CATHERINE GRAHAM , and MARGARET MICHENER , otherwise NASH , were indicted, the two first, for stealing one bank note, value 50 l. another bank note, value 10 l. the said notes being due and unsatisfied, the property of James Maddan , privately from his person .

Second count. The two first for stealing a red leather pocket-book with a silver locket, value 2 s. one pistol locket, set with garnets, value 5 s. and one penknife, value 2 d. the property of the said James Maddan ; and Catherine Graham and Margaret Michener , otherwise Nash, for receiving, harbouring and maintaining them, knowing them to have committed the said felony. They also stood charged with receiving the said goods, well knowing them to have been stolen , Jan. 31 . ++

James Maddan . I lost my pocket-book at Covent Garden theatre on the 31st of January. I had it in my pocket going into the theatre; it contained a case of instruments, two lottery tickets of 1770, 20 l. prizes, and two bank notes.

- Rooke. I keep the Hope in Bow-street, Westminster. They came down to my house in a coach, three or four together; Jennings, who went by the name of Gordon, was one; they staid about five or ten minutes, or half an hour; it is about three weeks or a month ago. Gordon and the two lads were saying in the tap-room, that these two girls had got away with the notes; they asked me to stop the girls. A little after that they were leaning their heads down, I saw two lottery tickets that were 20 l. prizes. I said, what is that? Gordon immediately went and thrust them into the fire.

Q. How could you distinguish that they were prizes?

Rooke. There was an L, a figure of 2, and an o, wrote in ink. After they had desired me to stop this girl, they wanted me to let them out. I said, No; having stopt her, I will stop you all; I will send for Mr. Noakes to take charge of you. The two women frequented the house before I kept it; they sold fish about, and paid their way very well; one of the sisters owes me a score now. I never heard any thing bad of them till this affair.

Court. Nor of Gordon, nor the boys, I dare say?

Rooke. No farther than frequenting my house.

Q. Was your house frequented by a great deal of such company as that?

Rooke. It was frequented by such company as that before I kept it.

Court. I hope the Justices have taken away your licence.

Rooke. It is already taken away. I can't help my house being bad.

Court. No; it is not the house that is bad; it is the keeper of it that is bad.

Rooke. The boys said, it was a pretty thing for them to run the hazard of their lives for it; and they would, sooner than she should have it, go and lay an information before Sir John Fielding . Both the boys said, they had been into Nancy Miller 's room; and they said she had gone away with a 50 l. note, and they would have her if possible; and they desired me to detain the other sister till she came. They looked over some papers, and among the rest they mentioned a 50 l. note.

Q. Did the boys say what these papers were?

Rooke. No, they did not; they brought some back into my house again.

Q. How old is Gordon?

Rooke. I believe twenty-one or twenty-two; that is. Jennings.

Q. Do you know how old the boys are?

Rooke. No.

John Noakes . The night the gentleman was robbed, I being a constable of St. Martin's parish, a person came and said I was wanted at the Oak in Thieving-lane. I went there; there were the three men and boys; Kenney the evidence took me down to St. Anne's-lane, where Mitchel and Graham lived; they told me the pocket-book was burnt. The evidence gave me a lottery ticket, which he said dropt out of the pocket-book, when they opened it in Covent-Garden. I raked among the ashes, and found some bits of a pocket-book, (producing them.) The prosecutor said, part appeared like a rivet to the pocket-book, and part of an opera ticket. They said that Miller was with them, and had got the pocket-book; she was taken next day.

Q. How do you know it was Graham's apartment?

Noakes. The landlord said it was hers.

Kenney. Edward Smith , James Gordon and I were concerned in stealing a pocket-book. John Birch was standing by; we were all together under the piazza's at Govent-Garden, it was about ten at night. Smith went to pick the gentleman's pocket; he came back, and said there was nothing but a pocket-book. We sent him back again, and he brought the pocket-book. I believe the gentleman had come from the play-house; it was just at the corner, coming out across the way. He brought it behind his coat; we took it from him, and went into Govent-garden market with it; we opened it; we saw some notes in it, and a locket fell out, that Mr. Noakes has; there is a true-lover's knot to it; I took it up, and put it into my pocket.

Q. How many went into the market to examine it?

Kenney. All of us. Gordon said, give it me; I said, I will keep it myself; I put it in my pocket. He said, let's go to Westminster. We went to the Oak in Thieving-lane. Gordon saw Graham at the Hope, and we all went with her; she opened the pocket-book, and saw some silver instruments in it, and she pulled out two lottery tickets. Upon searching farther, she said to Gordon, here is a 50 l. bank note; come and kiss me, my dear. The gentleman said there was a 25 l. note; I did not see that. She searched the book over, and said there were notes. We tore the book, and burnt it and the other papers; Gordon had the lottery tickets, and brought them to the Hope afterwards. Graham asked Gordon if he would have any beef for supper; she said, she had got a shilling. She went out with pretence to get some, but did not return again; and I saw her no more till she was taken; she took Miller with her.

Q. How long have you been in this way?

Kenney. Not long; I was a porter before, and worked very hard.

Q. What had Michener to do in it?

Kenney. She only fetched a candle, and was in the room at the same time.

Q. Does any body lodge with Graham?

Kenney. Yes, Michener.

Q. from Jennings. Where was I when the pocket-book was taken?

Kenney. About ten yards behind.

Q. Had Birch any thing to do with it?

Kenney. No; he was under the gate-way.

Q. And went afterwards to the Hope with you?

Kenney. Yes.

Court. He went out of pure love then; had nothing to do with it?

Kenney. Yes; out of pure love.

Court. Do you usually let those into your secrets to see what prizes you have, that have not been concerned in the business?

Kenney. I have not been long used to this way.

Ann Miller . I was in at the Hope this day three weeks; I saw Catharine Graham and her sister there; I heard a disturbance about this note. I asked Graham several times, if she knew any thing of it; and she said, she did not. I believe if she had known any thing of it, she would have told me, that is all I know of it.

Court. And did you tell just this story before Sir John Fielding ?

Miller. Yes.

Q. Did not you tell Sir John, that you was at Graham's lodgings when the boys were there?

Miller. No.

Q. And was not you there?

Miller. No.

Court. I fancy they expected you was able to tell us more of it than you have done.

Miller. I said the same at first as I do now.

Q. I understood from Kenney, that you was at Graham's lodgings?

Kenney. It was her sister Michener.

Q. Have you been in custody about it?

Miller. I was taken up about it at first; but the evidence cleared me.

Q. Who was at the Hope when you was there?

Miller. All the prisoners at the bar were there.

Q. to the prosecutor. Are you able to identify these notes?

Prosecutor. I received them at the Bank the day I lost them. I had an account of the numbers the day after I lost them, of a clerk.

Q. Is that clerk here?

Prosecutor. No.

Jennings's Defence.

I was in the Hope drinking a pint of beer, when Mr. Noakes came in and took me into custody. I am innocent of it; I was not near Covent-Garden; nor was I ever at Graham's lodgings; I do n't know where she lives.

Birch's Defence.

I happened to meet with Kenney and Edward Smith , this night three weeks; they asked me to take a walk with them to Westminster. We went into the Hope; there was this Kate Graham ; then I went with her and Kenney to a public house. There was a bed in the room; I laid down upon the bed on my back; I did not know what they were at.

Smith's Defence.

I went down to the Hope with two or three apprentices; two lads were selling some handkerchiefs to Mr. Rooke; I know nothing of it.

Graham's Defence.

I had been out with oranges to the public houses; I came to Mr. Rooke's; he used to lend me money to go to market. I am innocent of it.

Michener's Defence.

I had been out with oysters; I came into the Hope about half after ten; Noakes came in and took me to the watch-house. I know nothing of the affair.

Jennings guilty of stealing but not privately from the person . T .

Birch. Acquitted .

Smith Guilty . T .

Graham guilty of concealing and harbouring the principals .

239. (M.) LAURENCE, otherwise WILLIAM BAKER was indicted for stealing twenty eight lb. of copper value 10 s , the property of the united company of merchants trading to the East-Indies . Feb. 3d .

Acquitted .

240. (M.) JOHN DEWELL was indicted for the wilful murder of Richard Hitchcock , by striking, beating and kicking him, and thereby breaking his right leg, of which wound he languished from the 26th of November to the 25th of January and then died . *

He stood charged on the coroner's inquisition for man-slaughter.

Maria Hitchcock . The prisoner came into our house after his uncle; he was crying: he began abusing my husband, and said he would lay him on his own fire and burn him, and he hit his head against the wall. There was liquor left to pay: he would not pay it, and went away. He went out, I desired my husband to shut the windows: then the prisoner came back, and said he would push my husband's head in the dunghill: he hit him, and when he pushed him down the second time, his leg caught in the drain, and broke; which was the cause of his death. He ran at him, as if he was going to hit him again, and threatened that he would hit him; but did not: he died of a mortification in his leg.

On her cross examination she said that the prisoner said, when he came into the house, that a man had attempted to steal his uncle's ducks; that they knocked him down; that the deceased said to him, You a good man, and cry for being knock'd down, and said that when he was of the age of the prisoner, he did not fear any man: that then they talk'd about wrestling, but that her husband said that he would not wrestle or fight again at any time, unless he was drunk. She said her husband did not call the prisoner back when he was gone away, but only called after him, and told him, that both he and his uncle were shuffling fellows; that the prisoner stript, and came back again, and then the accident happen'd. She said that Parsons and James were not by at the same time, but at a distance by Dewell's cloaths; that her husband took hold of the prisoner by the collar, and tore his shirt, but that he only took hold of the prisoner's collar in order to support himself.

Thomas Dawson , a journey-man carpenter, who worked with the deceased, confirmed the last witness and said that the deceased and the prisoner stript, and measured, in order to see which was the biggest man; that the prisoner offered to wrestle or fight for a guinea; that the deceased said he would not; that then there was a dispute about the payment; that they went out, and then the deceased went to shut the windows, and he called to the prisoner to pay his reckoning; then the prisoner said if you'll come to me, I will pay you; that the deceased said, he would not; that then the prisoner came back without his cloaths and took the deceased by the collar, and was going to strike him, but the witness prevented him. He says the prisoner pushed the prosecutor in the stomach, but not violently; that then he struck him on the temples, which knocked him down; that when he got up, the deceased laid hold of the prisoner; then the prisoner twisted him round, and his leg hitched in the drain, and broke. He said he believed the deceased would have laid hold of the prisoner, for he was going towards him.

On his cross-examination he said the prisoner came to the deceased's house for his uncle; that he said he had been knocked down by some villains, who had bruised his finger, and had threatened his life; he said that the deceased was not a quarrelsome man.

Mr. Corson the surgeon deposed that the fracture in the deceased's leg was the cause of his death.

"The prisoner called. Henry Parsons , who deposed, that when the prisoner came into the house, the deceased said that he did not believe that the prisoner had been knocked down; that the prisoner said it was no business of the deceased; that then the deceased abused him and called him a crying cull, and said he was no man, and challenged him to wrestle for a pound; that the prisoner said he could not wrestle, and he would not; that then the deceased challenged him to fight, if he would bet twenty-six shillings to his guinea, on account of the difference of their age. That the prisoner asked his uncle to lend him a guinea in order to fight the deceased; that no blows passed; that when the prisoner's uncle went away, the prisoner followed him; that as the prisoner was going down the foot-path by the side of the road, the deceased called after him and told him there were two pints due, and mobbed and jawed him; that the prisoner said he would pay him next day; that he had no money then; that then the deceased came out, and abused them all very much, and called the prisoner rogue; that the deceased threatened him, and bid him keep off, or he would warm him; with one blow he knocked him down; he got up, and went with great force against him and caught hold of him, and swung him round, and he caught in the gutter, and his leg fell under him and broke; that the prisoner said he was very sorry for what had happened."

" John James, who was with the prisoner, confirmed the last evidence, but represented it as if the deceased fell merely by accident."

" Ann Kimber , the nurse who attended the deceased deposed, that she mentioned to the deceased that Dewel was in prison; that the deceased said he was sorry, and did not know whose fault was."

" Winfield the prisoner's uncle deposed, that the prisoner came to the deceased's house to see him home, and said that the deceased aggrivated the prisoner, and said he could not tell who talked of fighting; and farther, that the prisoner was a quiet, peaceable man."

" John Benham , who had known the prisoner twenty years, and Thomas Pecock deposed, that he is a peaceable man."

Guilty of manslaughter . B .

241. (M.) JOHN PAGE was indicted for that he on the king's high way, on George Matthews did make an assault, putting him in corporal fear, and danger of his life, and stealing from his person one guinea , December 25th . ||

George Matthews . My wife and I were in a chaise, coming up the king's private road: between Bloody Bridge and the last bar, we met two men; the prisoner is one, the other was convicted last sessions.

Q. How do you know the prisoner is one?

Matthews. It was light enough for us to see they walked close by me; It was about five in the evening; they walked close by the chaise. The other had a pistol, I did not see that the prisoner had any thing. They robbed me of a guinea. I went and made an information next morning at Sir John Fielding 's. They took Lewis the next day, and sent for me. I swore to him; and he was convicted. They took the prisoner out of the hospital, as they told me. I was sent for to Sir John Fielding 's. There were about twenty people in the office. Mr. Leigh asked me, if I thought I should know the other person that was concerned with Lewis; he bid me see if I could point him out. I looked round, and challenged the prisoner immediately.

Q. Upon your oath, did no body describe him, nor point him out to you?

Matthews. No. - And Lewis, that was convicted, he was among all the people that were there about Sir Robert Ladbroke 's robbery, and I pointed him out.

Q. Are you very sure he was the man?

Matthews. Yes; they both went by the side of the chaise. Then they turned back, and the prisoner came by me again, and run to the horses head, and the other claped a pistol to me. They did not use me with any violence. I did not see arms on the prisoner.

Q. What business are you?

Matthews. I am a horse-dealer, and keep the Grey hound in Holborn. I beg to recommend the prisoner for mercy, as he did not use me with any violence.

Q. From the prisoner. Did you ever see me before the time you was robbed?

Matthews. No.

Q. From the prisoner. Whether you did not come last Wednesday to Newgate to Lewis, and asked him whether he knew me, and gave him a shilling?

Matthews. I had signed a petition for Lewis to his Majesty, to beg that he might be transported for life. I went up to the gate, and said I have got the other man; he said yes, I hear he is in prison some where, but I don't know much of him.

Prisoner's Defence.

I am as innocent as the child unborn. I know nothing about this Lewis. I am a soldier in the first regiment of guards. I was sick for above twenty weeks before the prosecutor was robbed. I was at the hospital in Petty France.

Q. From the Jury to the prosecutor. It must be dark between five and six o'clock; was it not?

Prosecutor. Day light was gone. There was no shade between the fields, and they walked close by me.

Guilty . Death .

242. 243. (M.) REBECCA SMITH spinster and REBECCA DAVIS , spinster were indicted for stealing a watch; the under case silver, the out-side fish-skin, value 40 s. the property of Sarah Howard , spinster , in her dwelling house , Jan. 23 . *

Sarah Howard . The prisoners came to my shop on the 23d of January; they had been there once before; after they were gone I missed some ribbon. I sent my maid after them, and they were brought back to my shop. Presently I missed my watch from the place where it hung; we searched the prisoners; and at last we found the watch concealed in a hole in the lining of Rebecca Smith 's bonnet.

Amelia Cary , "who is servant to the prosecutor, deposed, that she was sent by her mistress to bring back the prisoners, that they refused to go back with her, and she got assistance and brought them back, and that upon searching her, they found the watch as mentioned by the last witness."

"The constable, who was present when the watch was found, confirmed this evidence."

"Smith said in her defence, that she was innocent, and was a servant to Sarah Levi . She called Sarah Levi who said, she is a necklace maker in Petticoat-lane, that the prisoner had been her servant for two years and a half, and behaved very honestly."

" Esther Abraham deposed, that Davis had been her servant for four years, and behaved very honestly; and Ann Numan , who had known Smith from a child, and Davis sometime, gave them both a good character."

Smith Guilty 39 s. T .

Davis Acquitted .

(M.) REBECCA SMITH spinster and REBECCA DAVIS , were a second time indicted for stealing twenty yards of silk ribbon, value 14 s. and twelve-yards of broad silk ribbon value 12 s. the property of Sarah Howard , spinster; - privately in her shop , January the 23d . ||

Sarah Howard . The prisoner came to my shop on the 20th of January, and bought three yards of ribbon. Soon after they were gone, I missed a piece of blue ribbon, and a piece of rose-colloured pink. On the 23d they came again, and asked if I had any more of the same ribbon that they bought before. I told them I had not: Then Davis asked for some black ribbon; I pulled out a drawer, and shewed her some; the drawer was of the inside the counter, and opened towards me; presently after, Smith threw a long red cloak over a drawer that was in the window. I suspected she had took something; and when they were gone, I missed some ribbon. I sent my servant, Emelia Cary , after them, and bid her tell them that I had found some of the ribbon that they had asked for. She came back, and told me, that they said they would call another time; I sent her after them again, and the maid got assistance, and brought them back. They went into the parlour; Davis wanted to go into another room, but I would not let her. When Davis got up she left two pieces of ribbon belonging to me in the chair she had sat in.

Q. from Davis. Was there not a black cloak in the chair?

Howard. Yes; but the ribbon was upon the cloak. I sent for a constable, and I delivered the prisoners into his custody.

Davis. There was a woman in the room; it is very likely she left the ribbon in the chair.

Howard. There was not any body in the room till after the ribbon was found.

" Amelia Cary . The prosecutor's servant deposed, that when she went after the prisoners to bring them back to the shop, they refused to come back with her, and Smith threatened to stone her, but that a gentleman came to her assistance, that while she was gone for a constable, the ribbon was found."

" Samuel Clark . The constable, produced the two pieces of ribbon, which were deposed to by the prosecutrix."

"The prisoners in their defence said, they were quite innocent of the charge."

Both Guilty to the value of 2 s. T .

244. 245. 246. (M.) WILLIAM WATERS , ELIZABETH HART , spinster , and ANN BATH , spinster , were indicted for stealing one French plate coffee-pot value 3 s. three French plate forks, value 3 s. one French plate sauce boat, value 2 s, one French plate mug, value 5 s. one French plate ladle, value 1 s. and one French plate candlestick socket, value 2 d. the property of Claudius Adrian Charie , January 28th .

All three acquitted .

247. (M.) ISAAC SHIEFFELD was indicted for stealing three wooden boxes value 1 s. 6 d. and 2361 yards of thread lace value 220 l. the property of Robert Talbot , March 4th 1771 . +

Leah Talbot . I am wife of Robert Talbot , who lives at Odell in Bedfordshire, and deals in lace : there was about 300 l. worth of lace sent up in three wooden boxes to London in March last, by the Bedford waggon. John Hopkins , our servant, that had the management of the lace, is dead.

William Lloyd . I keep Penny's Folly in Islington-road, facing the Reservoir. The prisoner and three more men came into my house on Monday morning the 4th of March about a quarter after eight o'clock, they asked for some hot wine. I made a quart hot, and lighted a fire in the room fronting the road. They asked for breakfast, which was got. They had two or three more quarts of wine after that, and paid for every thing as they had it in.

Q. Had they any boxes?

Lloyd. No; One went out to fetch a horse; which of them I can't tell. In about a quarter or half an hour the horse came to the door. I offered to put the horse in my stable, which they refused, and said, perhaps they might not stay ten minutes, or perhaps they might dine. They were consulting backwards and forwards, sometimes one, sometimes two were out together. Presently I heard the found of gold. I went in to see if they were gaming, but I could not perceive that they were. One man and Hopkins went out together; when they had been out about four or five minutes, the other two came to me and said if the gentlemen came and enquired for him he desired I would tell them they were gone to the Brown-Bear in Smithfield. I forgot to mention that I saw one box opened, and I saw some lace in it; it was such a box as these.

Q. Do you know who brought them?

Lloyd. I did not take notice. The man that told me that went out and the prisoner took the wallets off the table, and put them across the horse; the boxes were in the wallet. I held the horse, and he went down the road very easy; my house is built fifty feet from the road. I went as far as the road for a fight, and came back very gently.

Q. Did you hear any part of the conversation, when the four men were in the room?

Lloyd. No; I heard no talk about the lace. I lifted it up at the end and saw it was lace, while the four men were in the room. I was no sooner come in doors, than Hopkins came back and enquired what was become of the gentlemen? I told him they were gone to the Brown-Bear in Smithfield; the prisoner rode upon the horse. I did not observe which way the other went.

Cross Examination.

Q. Do you know who brought the boxes into the house?

Lloyd. I cannot say.

Q. Then the prisoner might bring them for what you know?

Lloyd. Yes.

Q. You heard no noise or disturbance in the room?

Lloyd. No; only once; as I said, I heard the sound of gold; when I went in, all was quiet.

Q. Any person there might have purchased the boxes for what you know?

Lloyd. I looked upon them to be companions together.

Q. You don't know that these are the boxes?

Lloyd. No; they were such boxes as these.

Henry Holloway . I live in Queen-street in the Borrough; Hopkins came to me, and told me, that such and such people had won some lace. Mrs. Cooper gave me information where it was. She mentioned one Langley; we went and searched his house. Bradshaw was taken up for receiving of it, and was bail'd; the constable and I found one empty box at Mr. Langle's; I staid at the house while the constable went for two boxes.

Cross Examination.

Q. Do you remember Hopkins coming to you, and telling you he had left some lace? I think you mentioned that some people had won some lace?

Holloway. He said he had lost a sum of money to the tune of 100 l. He had a warrant; he swore one Mrs. Cooper robbed him. We took her before the Justice.

Q. Did he mean cash or lace?

Holloway. He did not say which.

Q. Did Hopkins say any thing about the prisoner?

Holloway. No.

Samuel Partridge . I am a constable; I had a warrant against one Langley and Bradshaw, two partners. We went to the house and searched it; we found there this empty box; we could not find any more boxes, or any lace in the house. He said, you need hunt no further, for the lace I did buy of one Mr. Vivason; I sold it again to a gentleman in Spitalfields, whose name I don't know. Langley sent for a gentleman that he sold it to. He came to their house, and said he had sold it to a gentleman in the Borough. He said, I did not know, Mr. Langley, that it had been stoln, or I would not have bought it of you. He said, if you will go to any tavern in the Borough, I will see and have this lace sent to you. We went to a house; and a porter came in about half an hour, with two boxes, and enquired for Mr. Langley.

Isaac Lepard . I was with the constable when he searched Mr. Langley's house. Mrs. Cooper was there; we found this empty box: there is another part of the lace in possession of one Stope in Skinner-street.

Mark Cork . I live at Mr. Warne's in Newgate-street, who is a friend of Mr. Torbut's, and acted for him.

Q. Has there been diligence used in order to apprehend the prisoner?

Cork. In consequence of an advertisement put into the papers, that Cooper was apprehended at Salisbury, (he made his escape from there) I went down with one of Sir John Fielding 's men, in order to bring him up. I mentioned something to him concerning the lace, and he said, provided he was at liberty, he could recover the other box, for he knew where it was; or to that effect. I asked Sir John Fielding 's man, whether he could not be admitted an evidence against the other two? he said, he could not; because the prisoner stood indicted at that time. We arrived in London on Saturday the 21st of December; Hopkins died about the 6th or 7th of January. He was brought up before Sir John on Monday; Hopkins swore that he was one of the persons that stole the lace.

Q. Did you hear the prisoner say any thing there?

Cork. I believe he said, he knew nothing about the matter.

Mr. Joshua Warne . Sir John Fielding asked the prisoner if he had any thing to say; he said, he had nothing to say in his own defence about it.

Q. What was the prisoner charged with?

Warne. With robbing Hopkins of three boxes of lace to the value of 300 l. Hopkins had not seen him from the time of the robbery, till he saw him there.

Charles Marshal . Sir John asked the prisoner if he would say any thing in his own defence; he said, No.

Acquitted .

248, 249. (M.) MARY SPRIGMORE , spinster , and ANN ROBERTS , spinster , were indicted for stealing five guineas and 8 s. in money numbered , the property of John Holmes , Feb. 8 . ||

Acquitted .

250. (M.) ANN BALL was indicted for stealing three silver tea spoons, value 3 s. one silk handkerchief, value 6 d. one linen shirt, value 4 s. half a yard of Irish cloth, value 6 d. one linen pin cloth, value 6 d. two linen jams, value 1 s. and one pair of metal shoe-buckles, value 6 d. the property of Abraham Mills , Feb. 7 . ||

Abraham Mills . I live in Lawrence-yard, Shoreditch . I lost many things out of my house; I lost a tea spoon the beginning of January, and about the 23d I lost a silk handkerchief; about the 31st, a shirt, and half a yard of cloth, a child's pin cloth, and the two jams and two tea spoons were missed on the 6th of February. I serve milk in the city, and we leave milk to serve at home by a little child; she informed me that she saw a woman in the room, upon which I set this man to watch.

James Hayward . I was set to watch the prisoner. She came for a farthings-worth of milk, and gave the little child a halfpenny; she gave the prisoner a farthing, but she scrupled it, and said it was not a good one. It was behind the stair-foot, and there was a hole cut through the door that I might see; she asked the child to get her a better farthing, and in the mean time advanced farther into the room, and took these metal buckles (producing them) from a shelf at the further side of the room; she took them into her left hand, and put them under her apron; she then went to the child, and took the farthing and milk, and went out of the house directly. I pursued her, and caught her at about twenty yards off; she was just by the constable's door; I gave her in charge of the constable.

Prisoner's Defence.

I hope you will forgive me.

Guilty 3 d. W .

251. (M.) WILLIAM WARD was indicted for stealing four common prayer books, value 8 s. the property of the King , Feb. 18 . ||

James Sterling . On Tuesday the 18th of this month, between eleven and twelve o'clock, I was walking by the chapel of the royal hospital at Chelsea ; the people were coming out of chapel, and Mr. Medley the clerk came to me, and told me he suspected that the prisoner had stole some books. James Linsey had hold of him, and took one book out of his pocket. I drew back part of his coat, and saw a book stick out of his pocket. I declined taking it out of his pocket till an officer was present; then the prisoner threw it on the pavement, and the officer took it up, and gave it to Mr. Medley. We asked him if he took any more; he would not confess at first, but he did afterwards.

Q. Was any promise of favour made to him?

Sterling. It was told him, that it would be better for him if he would confess.

Q. from the prisoner. Did not they say they would forgive me if I would confess?

Sterling. No.

Henry Medley . I am clerk of the chapel; the service was on the 14th of February. I saw the prisoner coming out of one of the seats in the chapel that we had lost some books out of. I missed two books; I pursued him, and told the sentry to stop him, which he did; and searching in his bosom, he took this prayer book out, wrapped up in a handkerchief. (producing it) Then they took this out of his pocket. (Producing another prayer-book.)

Q. What is the prisoner?

Medley. I don't know him.

James Linsey . I was sentry in the cupola last Tuesday. I stopt the prisoner at the request of the clerk. I took one of the books out of his bosom, and gave it to Mr. Medley.

The prisoner said in his defence, that he was certainly insensible, or he should not have done it.

Guilty 10 d. T .

252. (M.) JAMES BOLLAND was indicted for feloniously forging and counterfeiting on the back of a promissory note for payment of money, drawn by one Thomas Bradshaw , and indorsed by one Samuel Pritchard , which said note is in the words and figures following:

London, 12th October, 1771.

100.

"Two months after date, I promise to pay

"to Mr. Samuel Pritchard , or order, one hundred

"pounds, value received."

T. Bradshaw.

Charles-street, Covent-garden.

A certain indorsement in the name of James Banks , with intent to defraud Francis Lewis Cardineaux , against the statute. He also stood charged for uttering and publishing as true, on the back of the said promissory note, the said false and forged indorsement of the name of James Banks , knowing the same to be false, forged and counterfeit, with intent to defraud Francis Lewis Cardineaux , against the statute. ++

John Leigh . I am clerk to Sir John Fielding ; this note was delivered to me at Sir John Fielding 's. (Producing the bill.)

Mr. - Levi. I had this note of Mr. Morris at Mr. Cardineaux's, in his presence.

Cross Examination.

Q. From whom was the application made with regard to this note? Was you employed as attorney for Mr. Cardineaux?

Levi. No; I applied to him to get possession of this note; I heard it was a forgery.

Q. And therefore went to Mr. Cardineaux?

Levi. Yes.

Q. No money was paid on it then, I believe?

Levi. Yes; I believe there was.

Q. What did you tell Cardineaux?

Levi. I desired he would give me the note.

Q. For what purpose?

Levi. I believe I told him no purpose.

Q. An attorney go to Mr. Cardineaux, desire a note of 100 l. and not tell him for what purpose?

Levi. I asked Mr. Cardineaux, when coming away, if he would be willing to prosecute Bolland? he said, he would; but desired three or four days time to consider of it.

Q. Had you heard it was a forgery?

Levi. I had; and in the course of conversation with Mr. Cardineaux, I believe it was mentioned.

Q. You gave Mr. Cardineaux a receipt?

Levi. I gave Mr. Morris one.

Q. What was the purport of it?

Levi. To deliver it up, or be accountable for it.

Q. How came you to hear of this note at all?

Levi. I believe I was informed of it by Mr. Pritchard.

Q. You had been concerned for him?

Levi. Yes, seven years ago.

Q. You knew of very considerable dealings between them?

Levi. I am sorry to say that there should be; it was against my advice.

Q. To a great many thousand pounds, I believe?

Levi. God knows; it was a great deal in the bill way. I have a good many in my pocket, if you think they would be of any service to your client. I believe I asked if he was desirous to prosecute this forgery; he desired three or four days time to consider of it.

Q. Something must have passed with regard to its being a forgery?

Levi. I believe it was mentioned by each of us in the back parlour of its being a forgery.

Q. Mr. Cardineaux did not know it at that time, I believe?

Levi. I believe he did long before that time.

Q. Was it by Mr. Pritchard's order you went to get this note?

Levi. It was by his desire.

Q. Did you or not, tell Mr. Cardineaux it was a forgery?

Levi. To the best of my recollection, Mr. Cardineaux acknowledged it to be a forgery.

Q. Did you or not, tell Mr. Cardineaux it was a forgery?

Levi. I believe not; he had given a collateral security for it. Cardineaux and Morris refused to give it him. I went and asked for the bill. In the course of the conversation the forgery was mentioned, whether by Cardineaux, Morris, or me, I cannot say.

Q. You will not say you did not mention it?

Levi. No.

Q. Was any one word mentioned by you, that you was taking this to carry before a magistrate?

Levi. No; not a word, I believe, was mentioned about a magistrate.

Q. Did not you propose to return the money?

Levi. No; I was to return the note.

Q. Then you was not concerned for Cardineaux, but for Pritchard?

Levi. No, as a friend; not as an attorney.

Q. Then you, by a receipt, gave him to understand that you would return it him again?

Levi. Yes; to Mr. Morris.

Q. In Cardineaux's presence?

Levi. Yes.

Q. And then Cardineaux gave you the note, and you carried it to the magistrate?

Levi. No; some time after that, Cardineaux and Morris went with me to Hickes's-hall, to find a bill of indictment for this forgery. It was the adjournment day; the jury did not sit long enough; they were gone. Then Cardineaux appointed me to meet him at Sir John Fielding 's. I met him there; and at Cardineaux's request, Jesson's evidence was taken. Informations were then drawn, and I proposed leaving the note with Sir John Fielding . He desired it might be left with me; but as I was going to Wallingsord on an election, they requested that Sir John's clerk might have it.

Q. You proposed to leave it with Sir John Fielding ?

Levi. Yes.

Q. After having got it in this manner from Cardineaux, you proposed to leave it with Sir John Fielding ?

Levi. Yes; Cardineaux was present.

Q. Was not this after Bolland arrested Pritchard for 2600 l. which cause has been since tried, and he has recovered the money?

Levi. I heard there was no defence; he has recovered 1490 odd pounds. I was informed by Pritchard's attorney that there was no defence, Pritchard being a bankrupt, and no assignees being chosen; I had the evidence in my pocket, and could have controverted that fact.

Attorney for the prisoner. Serjeant Davy took notes, but did not stand up.

Q. Pritchard was a bankrupt, and no assignees chosen?

Levi. Yes.

Q. Is Cardineaux a prosecutor in this indictment?

Levi. He came voluntarily here.

Q. Has he employed you to carry on this prosecution? or is he at one farthing expence?

Levi. I will tell you. Mr. Cardineaux named me an attorney. I will not charge him one shilling, nor any body else.

Q. Then you take it up yourself?

Levi. I do, as a friend to the community.

Q. Without his desiring it?

Levi. I did mention it at Sir John Fielding 's.

Q. Then you took it up as the prosecutor, without Mr. Cardineaux. Upon the faith and conscience of an honest man, has there been any quarrel between Bolland and you?

Levi. On the faith and conscience of an honest man and a christian, I have not the least prejudice, or owe him the least ill will in the world.

Q. Had you ever any personal quarrel with him?

Levi. No; but he has done some of my clients great mischief, two eminent merchants in London; I shall not mention the circumstance unless the prisoner's council desires it.

Q. Pray be a little particular respecting the conversation that passed between you and Cardineaux, when you gave him this receipt?

Levi. I cannot really recollect any more of it.

Q. At that time, for what purpose did you get the note of him?

Levi. For the purpose it has answered; to prosecute him.

Q. Did you tell Cardineaux that?

Levi. I think not. What passed at Mr. Cardineaux's was, I said, are you willing or desirous to prosecute this man?

Q. That was afterwards?

Levi. No; at that meeting.

Q. You had never seen Mr. Cardineaux till that time?

Levi. No; to the best of my recollection.

Mr. Cardineaux. This was the bill delivered to Mr. Levi at my house, in my presence.

- Jesson. I had some business with one Mr. Lilburne, who appointed me to meet him at the George and Vultur tavern, Cornhill, on the 13th or 14th of October. I went about three o'clock; I was shewn into a public room; Mr. Lilburne and Mr. Bolland were there. I immediately asked Mr. Bolland when he would settle a note of fifty guineas of his, which I had discounted, which was due, and laid unpaid, as the person that held it was very desirous to settle it. He produced this note, and desired me to discount it, as he was out of cash, I read it; I knew Bradshaw, being a neighbour; and I knew Pritchard. The 50 l. note I had discounted was on Pritchard. This note was endorsed James Bolland . I told him, that his name being on the back of it, I could not, or would not negociate it. I said, I looked upon Bradshaw to be good; but did not chuse to be on the same paper with Mr. Bolland's name, or to offer it indeed; and, I believe, I threw it down upon the table. Upon that he said, I can take off my name; and Mr. Lilburne took up one of the table knives, with intention to erase all the name. I believe, when he had erased all but the B, for he began at the latter end of the name, Bolland said, Don't scratch it all out, for it may disfigure it or cancel it, by scratching a hole in it. He said, he would think of some other name that begins with a B; and immediately filled it up with anks, which made the name of Banks; and when that was done, returned it to me. I did not like the transaction, it rather staggered me; but looking on Bradshaw to be a very good man, and Pritchard bore a very good character, as far as I could find, I thought I might as well take this security; it might be a means of getting the other matter settled; therefore I put it in my pocket. The next day I asked Mr. Cardineaux to discount me a note of Mr. Bradshaw's, of Charles-street, Covent-garden; he was a customer of Mr. Cardineaux's. He said, he would take it, and would probably do it on Friday, which is the day he did his business at his banker's. I left the bill with Mr. Cardineaux; and next day (Thursday) having some money to make up, I asked Cardineaux to let me have 15 l. 16 s. and if he did not discount the bill, I would return it him. He gave me a draft upon his banker for that sum; this was Thursday or Friday. On Saturday morning Mr. Bolland came up to my office; (I keep a lottery-office under the Piazza, Covent-garden) to enquire whether I had done the business or no. I told him, I had left the bill in the hands of Mr. Cardineaux; and he might enquire who Cardineaux was, as I could not go into the city then. I understood Mr. Bolland, that he saw Mr. Cardineaux; however, in the evening Mr. Handsforth came in, and told me, Mr. Bolland desired to see me in the Piazzas. I went out; he insisted upon having the bill or money; for he was greatly pushed for money, and must and would have it immediately. I believe he told me that he had seen Mr. Cardineaux in the city, and he would call upon me. I told him, if he would go to any public house in the neighbourhood, I would come to him. Upon that, he and Mr. Handsforth went to the Rainbow coffee-house in Queen-street, to wait for me. I sent down one of my clerks to Mr. Cardineaux, and he came up to the office soon after. I told him, that the person I had the note of, was gone to the coffee-house, and was anxious to have it settled. We went together to the Rainbow coffee-house; we went into a back room. I told Mr. Cardineaux, That is Mr. Bolland, the owner of the bill of Mr. Bradshaw's, that I left in your hands; and I shall be glad if you will settle it with him. Mr. Cardineaux said, he had never a banker's check in his pocket, and did not like to give a draft upon plain paper. He began to enquire who Mr. Pritchard and who Mr. Banks were. While Mr. Bolland was satisfying him who Pritchard was, I told Mr. Cardineaux, that rather than have the trouble of another meeting, I would go home and fetch him a check. Mr. Cardineaux gave me his keys, and I went down to his house in Craven-buildings, Drury-lane. I delivered the keys to Mrs. Cardineaux, and she gave me a banker's check. On my coming back, I found Mr. Bolland had satisfied Mr. Cardineaux concerning Banks and Pritchard; and he produced another bill for 10 l. which Mr. Cardineaux had agreed to discount for him.

Q. At the George and Vulture in Cornhill, was any thing said by the prisoner who Banks was?

Jesson. I believe I omitted that circumstance.

Council for the prisoner. That is in London.

Court. Certainly; and if an uttering is not proved in Middlesex, what passed in London to be sure is nothing; but what happened in London does make a part of the general story, and can't be omitted.

Council for the prisoner. I am aware of that.

Jesson. When I had it, after the name of Banks was on it, I put it into my pocket. I said, I shall give it to a particular friend of mine, and he will undoubtedly ask me who Banks is. He said, Banks is a publican or victualler, and lives near or in Rathbone-place.

Q. Was the note produced then at the Rainbow coffee-house.

Jesson. I believe it was.

Q. What passed there then?

Q. Jesson. I think the prisoner told him at that time, that he was a publican or victualler, in or near Rathbone-place; and I think he added, that he was a man of good character; a responsible man is what I mean by it.

Cross Examination.

Q. At the George and Vulture you applied to Bolland about some money?

Jesson. Yes.

Q. And a bill was produced?

Jesson. This bill was produced.

Q. Was it proposed by the prisoner to have that bill negociated in the state it then was?

Jesson. Yes; he offered it me as it then stood.

Q. You objected to taking the bill with his name on it?

Jesson. I did; and he proposed to take his name off.

Q. Was any thing at that time meant or intended by Bolland, or you, or Lilburne, more than to take Bolland's name entirely off, and to leave it on the credit of Bradshaw and Pritchard the indorser?

Jesson. It was my opinion that it should be taken off; and Lilburne took it up to erase the name entirely off, I believe.

Q. You knew Bradshaw then?

Jesson. Yes.

Q. He was a man in credit and character?

Jesson. Yes, and credit; and Pritchard was in credit at that time. I had discounted a bill on Pritchard; I had enquired, and had a very good character of him.

Q. Had you or not, an intention to pass this bill with Cardineaux on the credit of Bradshaw, at that time a good man?

Jesson. I had.

Q. You say the intention was to take the name entirely off?

Jesson. Yes.

Q. And not to put any thing on it, thinking Bradshaw's name enough?

Jesson. Bradshaw and Pritchard.

Q. And I believe you would have taken it to Mr. Cardineaux, to discount it on the credit of Bradshaw and Pritchard, without any endorsement further?

Jesson. I believe I should; but I should have taken an engagement of Bolland, to secure the money if it was not paid.

Q. Had you, or not, before you had the bill of Bolland, at any time mentioned to Cardineanx, that you had a bill of this kind drawn by Bradshaw, and indorsed by Pritchard?

Jesson. I do not remember that I had; I took it out and shewed it him, and said, Will you, Mr. Cardineaux discount this bill? I think I gave him the bill into his hand at the same time. I put the bill into his hand, and said, Here is a bill of Mr. Bradshaw's, will you discount me this note? or to that purpose. He said, At present it did not suit him to do it; probably in a day or two he would; this was, I think, Wednesday, and that Friday was the day he did business with his banker.

Q. Cardineaux, you said, was enquiring after Pritchard, when you went home for a check to his house?

Jesson. He was enquiring about Pritchard when I went for the check; the name Banks was mentioned either before or after.

Q. Is it an apprehension that it might be mentioned?

Jesson. I am certain it was mentioned that he was a publican or victualler, or some such thing, and lived near Rathbone-place.

Court. Are you sure Cardineaux has not told you so since; or that you heard him?

Jesson. I am sure I heard him tell him so.

Q. Can you recollect whether that note in your hand was produced at the Rainbow, or not?

Jesson. I think it was; but am not clear.

Court. How happened it that the names of the endorsers were known or remembered, if the note was not there? Was there any memorandum produced?

Jesson. I think the bill itself was produced, to the best of my recollection; I got as far as Mr. Cardineaux said, It did not suit him to give all in cash; and he agreed to give so much cash and his own note, payable at the same time this bill should become due. I think he gave him his draft for 44 l. and his own note for the remainder of the money, except the 15 l. 16 s. which I paid to Bolland, reckoning that as so much already accounted for. Cardineaux left us; and Bolland said, Do you want this 15 l. 16 s. for any time? I said, it was just the hurry of our business; money is serviceable to us just at the drawing of the lottery; I will give you my note for a month. He drew the note himself, and I signed it; and I paid it when due.

Q. Did you see Bolland, or had you any discourse with him afterwards?

Jesson. When I saw in the paper that Bradshaw was a bankrupt, Mr. Cardineaux came to me, and said, You must take care of that 100 l. note of Bolland; for it is a hundred to one but my banker will return it to me immediately; I believe it is unusual to keep a note after a man is a bankrupt. I told him, I would take an opportunity to see Bolland. I was going that day into the city, and called at his house; he was not at home; but I saw him afterwards at the Sword-blade coffee-house. I said to him, That note of 100 l. of Bradshaw's, which I got Mr. Cardineaux to discount for you, will not be paid, for Bradshaw is in the papers to-day; he is a bankrupt; you must take care of it against it becomes due. Upon that he looked at me: What note? says he. I said, that note that I got Mr. Cardineaux to discount for you. The note was discounted the 18th or 19th of October; and I believe Bradshaw became a bankrupt between a fortnight and three weeks after. Upon mentioning this to Bolland, he said, What note are you talking of? I said, Bradshaw's note, payable to Pritchard; you must take care of it. Said he, Is my name upon it? I said, No; your name was upon it, but Banks's name is now upon it; you stood in his shoes, and must take care of it. He said, indeed, he knew nothing at all of it. I said, you know Mr. Lilburne was present, and you must take care of it. He said, indeed, he knew nothing of it, nor should. I said, very well; then I will let Mr. Cardineaux know immediately the circumstances, and your putting of Banks's name on it; upon which he laughed or sneered at me, and said, I'll forgive you all you can do upon that account. I told him I would acquaint Mr. Cardineaux of the transaction, and on my return home I called upon Mr. Cardineaux; he was not at home; but he called upon me next morning, and at the same time Mr. Handsforth came in, and I immediately acquainted Mr. Cardineaux with the transaction of the ank's being put upon the note, and that it was not likely that he would get any satisfaction of Bolland.

Cross Examination.

Q. You said Bolland must stand to it; then you considered the name of Banks as the indorsement of Bolland?

Jesson. Yes; I knew he had the money for it, and it was nothing but right that he should pay it.

Q. And he was liable to pay it?

Jesson. Yes; and if he had paid it when it became due, nothing of this I believe would have happened.

Q. From the Jury. At the time the erasement was made, and the name of Banks added to it, in what light did you take it, by way of giving more credit to the note, or by way of filling up the erasement?

Jesson. I looked upon it he did it to make the bill negotiable; for a person would hardly take a bill in payment after a name is erased, for they imagine there is some reason for its being scratched out.

Q. Council for the prisoner. Do you know how Mr. Lilburne came to stop at the letter B? was there any fold of the bill?

Jesson. No; it does not go to the fold.

Q. From one of the Jury. I imagine you looked upon it to be a mere fictitious name at that time?

Court. No; he gave an account who this Banks was.

Council for the Crown. Mr. Cardineaux, please to tell what passed about that note when Jesson brought it to you.

Cardineaux. Jesson came to me with this note, and asked me if I could discount it; and that the person would lend him 15 l. if I would do it; and he said, I should do him a service. I told him I knew Bradshaw very well, but did not know Pritchard nor Banks, therefore could not discount it till I was satisfied of both the indorsers. Jesson said, he knew Pritchard very well, that he was a dealer in horses, and as for Banks he did not know him. I desired him to enquire, and I would till then keep the bill by me. He went out and brought me in writing the direction of Banks; that he dealt in wine and brandy, and lived in Rathbone place. I kept the bill by me.

Q. Did he at either of these times tell you whom he had the bill of?

Cardineaux. He did not then. And I kept the bill till the Saturday; then Mr. Jesson told me, that Mr. Bolland was the proprietor of the bill.

Q. Had you known Bolland at that time?

Cardineaux. No; I had never seen him. On Saturday, I was at the Edinburgh coffee-house near the Exchange; Bolland came there, and asked me, whether I would discount the bill Jesson gave me. I told him I had not had time to enquire about the endorsers; that I knew the drawer very well. He said, Pritchard was well known by every body; that he was a dealer in horses, and a man of great property, he told me Banks was also a man of property, and dealt largely in wine and spirits in Rathbone place, and I told him, I would consider about his bill. He wanted the money he said. I told him I had the bill of Mr. Jesson, and must see him before I accounted for it.

Q. Did you ask Bolland to indorse the note?

Cardineaux. No; I went to Jesson: upon my enquiring why Bolland's name was not upon the bill; he said that Bolland, though a man of property, it was better that his name should not appear upon the bill, because he was formerly a sheriff's officer, and that I could not pass the bill properly to my banker with his endorsement, therefore his name was not on it. I was afterwards sent for by Jesson; he and I went to the coffee-house in King-street Covent-Garden; that was Saturday: I found there Mr. Bolland and one Mr. Handsforth; Mr. Jesson came with me there. I took the bill out of my pocket. I had not had time to enquire about Pritchard and Banks. Bolland told me, that they were men of property.

Q. Did he say any thing more about Banks?

Cardineaux. He told me Pritchard was a man of property, well known to be so, and that Banks was so, and dealt largely in wine and spirits, and lived in Rathbone place: upon my telling Bolland, it was not convenient for me to give him all in cash, he said he would be contented with half in cash, and he took my note at two months for 50 l. Not having any check with me, I gave Mr. Jesson the key of my beaureau, and he brought me a check. Mr. Bolland shewed me another little bill of ten guineas, and asked me to give him cash for it. I said I would; so I had the two bills, which made 110 l. 10 s. and I gave him a draft upon my banker for 44 l. 5 s. 10 d. - 15 l. 16 s. I had before given to Mr. Jesson; that, with my note of hand for 50 l. and 9 s. discount, made up the money.

Q. At the time you advanced the money for these notes, did you apply to Bolland to indorse it?

Cardineaux. No; because Jesson said it was better his name should not appear on it.

Q. Did you, or any body in your presence, desire him to indorse it?

Cardineaux. No; some time after Bradshaw appeared in the Gazette; that made me uneasy, because I did not know the solidity of the endorsers; not knowing where Bolland lived, I went to Jesson's and got a direction to him; I went to his house, but he was not at home; then I went to Jesson and told him to go to Bolland, and tell him that I must have a security from the endorsers. I forgot to mention that when I paid the money, Bolland desired me to make the draft on my banker, in the name of Handsforth; as I said before, I could not meet with Mr. Bolland; I went into the City at last about business, to the Hamburgh coffee-house. I saw Bolland there. I said, that bill I discounted for you will not be paid: he, with an air of astonishment, said, what bill! I said the bill I discounted for you at such a coffee-house; said he, I never discounted a bill with you, sir, you mistake me, my name is James Bolland , I never saw you in my life, nor you have no bill with my indorsement. Upon which being informed by Mr. Jesson, previous to that, that he did alter the name, I went to him privately in the coffee-house, and said, Mr. Bolland, you must not deny the thing, for I know all the transaction; I know who wrote Banks upon the bill. Upon that, he said, make yourself easy, the bill will be paid when due, and signified that I should prove the debts against Bradshaw, and what ever I received, he would pay the residue. I said, no, I would not; my business was with Mr. Pritchard and Mr. Banks; upon which I went out of the coffee-house. I told Bolland another time, that if he was not in present cash, if he had any good bill I would take it in payment, but he had no bill to offer me that I could approve; and he put me off, and said I must go to Pritchard, that he was going to sell part of his effects and would pay me. I did, but could get none; I left the bill with Mr. Morris, and desired he would call upon Mr. Bolland for the money; for the bill was then due; since that time I have never seen Mr. Bolland: after Mr. Bolland was taken, a person brought the 100 l. in the name of James Banks , and I gave him the receipt in the name of James Banks ; that was I believe the first of January. The person that brought it, brought me the form of the receipt that I was to copy.

Q. You whispered in his ear you say, that you knew who wrote James Banks . When was you acquainted with that?

Cardineaux. The same day that I knew of Bradshaw's bankruptcy, Jesson told me.

Cross Examination.

Q. When you was at the Rainbow coffee-house, Covent Garden, you pulled the bill out of your pocket in the course of that conversation with Mr. Bolland?

Cardineaux. Yes; I had had it for two or three days in my pocket.

Q. How came it, when this money was paid, that you did not deliver up the bill?

Cardineaux. Because I delivered it to Mr. Morris; and he delivered it to Mr. Levi, who gave him a receipt for it.

Q. What! a promise to give it up?

Cardineaux. Yes; to give it up upon demand.

Q. Have you the receipt?

Cardineaux. No.

Q. Was that the reason you did not deliver the note up?

Cardineaux. Yes; if I had had the bill, I should have given it up. I said it was in the hands of Sir John Fielding .

Q. Did you ever apply for the bill to deliver it up?

Cardineaux. No; because I knew it was delivered to Sir John Fielding .

Q. If I understand you, you gave a receipt for the money, promising to deliver up the bill when called for?

Cardineaux. To be accountable for the bill.

Q. Was you acquainted with Bradshaw?

Cardineaux. Yes, very well.

Q. What circumstances was he in?

Cardineaux. I thought him to be in good credit, he was a man in credit as far as I knew.

Q. Can you recollect the very words of the receipt, that Mr. Levi gave?

Cardineaux. No.

Q. For what purpose did Mr. Levi apply to you for this note?

Cardineaux. I told Mr. Pritchard of the forgery; and he told Mr. Levi. Mr. Levi came to me, and asked me if I was willing to prosecute Mr. Bolland. I said, if I thought it was the duty of an honest man to do it, I would do it.

Q. Did you think it the duty of an honest man or not?

Cardineaux. I thought it was. I looked upon my money to be lost. Pritchard was then a bankrupt as well as Bradshaw.

Q. You mentioned, that besides this bill of 100 l. there was another of 10 l. 10 s. Who was that note made to?

Cardineaux. To Mr. Handsforth by the desire of Mr. Bolland.

Q. Has that note been paid?

Cardineaux. No; it was in the hands of Mr. William Martin .

Q. When was it made payable?

Cardineaux. At two months he gave me a renewal of it; so that I have to April to pay it in.

Q. Have you received the whole 100 l?

Cardineaux. Yes.

Robert Storer . I am clerk to Mr. Pritchard.

Council. Look upon that indorsement; see if it is Mr. Pritchard's hand-writing.

Storer. It is Pritchard's hand-writing undoubtedly.

Q. See if the note is Bradshaw's writing?

Storer. I believe it is.

Cross Examination.

Q. Was this a note lent to Bolland, or did Bolland pay Pritchard any consideration for it?

Storer. I don't recollect that he paid him any consideration at the time; it is in account with Bolland.

Q. Was there no money paid at all?

Storer. Not that I recollect; it was only mentioned in account; there were various notes; therefore I cannot particularize this.

Q. Is that your hand-writing? (a paper shewn him.)

Storer. Yes.

Q. Did you receive this money?

Storer. Yes; for the purpose of paying Mr. Williams part of a 200 l. note, on account of the marshal's place, which money was raised for Mr. Bolland.

Council for the crown. Then this receipt was a draft upon Bolland's banker for to pay a 100 l. due upon a 200 l. note?

Storer. Yes.

Prisoner's Defence.

I never in my life forged with intent to cheat or defraud any person in the world. Please to ask Mr. Cardineaux, when he applied to me if I did not desire him to prove his debt under Bradshaw's commission and I would make good the deficiency; so I could have no design to cheat: there were two 100 l. notes to Pritchard; one he took back; I gave him a draft upon Sir Robert Ladbroke the 14th day of the month, but made the date of the draft the 17th; and five guinaes his clerk had in money: that 100 l. was for my note, and no other general concern in Pritchard's account; it was Jesson's fault, not mine: I was good for 100 l. then, my name was good for a 100 l. or four or five; I had 2000 l. at this time in Sir Robert Ladbroke 's hand, and Pritchard owed me 1900 l. at this time, and Mr. Cardineaux has been paid the money. Every body knew, I believe the gentlemen of the Jury know, that at that time Mr. Pritchard's name was good, without the name of Banks. I wish it had been so now; I must leave the rest to my council; I don't understand the case.

Council for the prisoner. Mr. Bolland on the 17th paid a 100 l. to Pritchard by a draft on his banker.

Court. You must take that together with the evidence of Pritchard's clerk, who tells you this particular 100 l. was paid for a particular purpose.

Prisoner. If I had had time to have supcena'd my witnesses, I could have proved every transaction at the coffee-house. I could have proved by Mr. Handsforth every transaction at the coffee-house. I never saw the bill since I saw it at the George and Vulture tavern, till this day.

Guilty of uttering and publishing the bill, knowing the indorsement to be forged . Death .

253. (L.) MARY HINDER , spinster , was indicted for stealing two yards and three quarters of calicoe, value 3 s. the property of David Lewis , Jan. 23 .

David Lewis . I am a linen-draper in the Minories . On the 23d of January, about half after one, I was sitting in my counting-house behind my shop; the prisoner came into the shop; she put her bundle on the counter and took it up again, and with it this piece of calicoe. We were all at dinner at the time. I shewed her a handkerchief, and asked her half a crown; she bid me 1 s. 6 d. that strengthened my suspicion of her having stole something. I let her go out of the shop; then I went after her and brought her back; and throwing back her cloak, I took from under her arm this calicoe.

Q. Was the bundle under the same arm?

Lewis. I don't know; I am not cert ain whether she had the bundle afterwards, because another person was with her; she cried, and begged I would not prosecute her. I told her, I had so many things of the kind lately, that I could not forgive it.

Court. Describe particularly the manner in which she took it.

Lewis. She had a bundle in her hand, which she laid down upon a great many goods which were upon the counter.

Q. Did you observe where she put her bundle upon it?

Lewis. I could not see exactly. She did it but bunglingly; and as she stood I could see it under her cloak, as she held her cloak on one side.

Q. Where was her bundle then?

Lewis. I believe under her other arm.

Q. Can you swear to it?

Lewis. There is no mark upon it; I believe it to be mine.

Prisoner's Defence.

I laid my bundle upon the counter. I know no more of the calicoe than the child unborn. I lived at home with my mother in Fair-street, Horsly-down.

The prisoner called - Ivey, who had known her from an infant; Sarah Sommers and Alice Dewet , who had known her a considerable time; who all deposed that she bore a good character, and said she was but thirteen years old.

Guilty. 10 d. W .

254. (L.) EDWARD WELCH was indicted for stealing a cotton handkerchief, value 10 d. the property of a person unknown, January 14 . ++

Percival Phillips . I saw the prisoner take a handkerchief out of the pocket of a person passing by; I called to the person, but I could not make him hear. I secured the prisoner, and took the handkerchief out of his hand.

The prisoner said nothing in his defence.

Guilty . T .

255. (L.) SAMUEL MAY was indicted for stealing a linen handkerchief, value 10 d. the property of John Floyd , Jan. 26 . ++

John Floyd . I was going along Cheapside on the 20th of January between six and seven o'clock. I felt something at my pocket; I felt and missed my handkerchief; Mr. Clark told me the prisoner had taken it.

Anthony Clark . I saw the prisoner put his hand between Mr. Floyd and another gentleman that was walking with him, and draw out a handkerchief from between them, which he dropt behind him; I picked it up, and gave it to Mr. Floyd. (The handkerchief produced, and deposed to by the prosecutor.)

Prisoner's Defence.

I saw the handkerchief lying upon the ground between the two gentlemen, and I picked it up.

Q. to Clark. Did the prisoner stoop as if he picked any thing up?

Clark. No; he did not stoop.

The prisoner called a witness, who said he was a hair dresser, and might get a good maintenance at his business.

Guilty . T .

256. (L.) HANNAH ANDERSON , widow , was indicted for stealing a black sattin cardinal, value 10 s. the property of John Turner , Feb. 1 . ++

- Chitlow. I am a journeyman to Mr. Turner, who is a mercer in the Minories . On the first of February the prisoner came to my master's in the evening, to ask for a bit of black stuff; I shewed her a remnant of half a yard, which she agreed to give 6 d. for. She stood close to the shew-board in the window. There were two red cloaks and a black sattin one; they were folded up; she had a child in her arms; she put the child on the counter between me and the window. She gave me a 5 s. 3 d. I said, I cannot change it for 6 d. Then she said she would have a bit of pink stuff; I went backwards to get the change, and when I came to her again, I observed her drawing a cloak out of the window upon the counter. I sold her a yard of the stuff, and gave her change. I called our young man up, and asked him if he had taken the cloak out of the window; he said, No. The prisoner went out; I followed her when she had got about ten yards, and desired her to walk in again. She said, what do you want? I have got nothing of yours. As she was coming back, I saw her attempt to drop something from under her arm; I held her arm, and the cloak from under it. (The cloak produced.) Here is my master's shop mark upon it. She confessed she was a little in liquor, and did not intend to take it; but if I would let her go, she would give me all she had, and go into the country.

The prisoner in her defence said, she set her child down upon the counter; and whether the child took it up or no, she could not tell; that she had been a wet-nurse since her husband's death; and that she was in liquor at the time.

Q. to Chitlow. Had she the child in her arms?

Chitlow. Yes.

Q. Was the cloak under the same arm as the child?

Chitlow. I believe it was.

Q. Was she in liquor?

Chitlow. I believe she was a little.

For the Prisoner.

Elizabeth Calloway . I have known the prisoner these twelve months; she had a child; the gentleman she had it by, maintained her; I have trusted her, and never had any reason to suspect her honesty.

She called Mary Wall, who had known her six years; Dougal Weare, a twelvemonth; and Ann Weare , a twelvemonth; who all gave her a good character.

Acquitted .

257. (L.) WILLIAM BLAND was indicted for stealing a silver watch, value 30 s, the property of William Marsh , privately in his shop , Jan. 20 . ++

William Marsh . I am a pawnbroker , and live in Aldersgate-street . I took in a watch as a pledge on the 20th of January; I put it in the window behind the counter; I missed it about eight o'clock that night. The prisoner came with the person that pledged it about three o'clock in the afternoon; about two hours after that the prisoner came to know if I would buy the watch that was pledged by the other person; I said, I would not. I missed it about an hour after he was gone; I made enquiry about it the next day, and found it at Mr. Davidson's at Temple Bar. I paid the money lent upon it, which was 15 s. and took it away. The prisoner went there afterwards for the watch, and they stopt him and sent for me; that was the Friday after I lost it.

John Crawford . I live at Mr. Davidson's, a pawnbroker; the prisoner brought this watch on Tuesday the 21st of January; I lent him 15 s. Two hours after that, Marsh came and described the watch, and my master delivered it to him. The prisoner came on the 31st with a duplicate and two other persons, and demanded the watch. We secured him, and took him to the Compter; we informed Mr. Marsh of it, and we had afterwards a hearing before my Lord Mayor.

Prisoner's Defence.

I bought the watch and paid for it, on the 20th of January, at the Coach and Horses in Fleet-street.

For the Prisoner.

William Davis . The prisoner is my son-in-law, he is a plaisterer; he has been on board a man of war; since he came back he has had no business, trade being had, I have maintained him. I never heard any thing bad of him.

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

258. (L.) WILLIAM BARNES was indicted for stealing a piece of Woollen Bath coating, containing twelve yards, value 40 s. the property of Thomas Keys , Jan. 18 . ||

Thomas Keys . I am a salesman; I keep a shop on Saffron-hill . I lost a piece of woollen Bath coating on the 18th of January from the shop window. I was in the back room; my opposite neighbour came in, and said a person had stole my roll of cloth and run up Chick-lane. I missed the cloth and ran after him; I catched him just by Black-boy-alley. He got away from me by main force, and went down King's-arms-yard in Chick-lane. He was taken that night in Black-boy-alley, in a disorderly house, for beating a woman. A constable was got, who took him, and found in his pocket some tools for house-breaking. I was sent for to appear against him; I took him before the Lord Mayor. (The cloth produced, and deposed to.)

Q. When did you see him after he took the cloth?

Keys. He took the cloth on Saturday, and I did not see him again till Monday.

Q. Did you know him when you saw him on Monday?

Keys. Yes; I had seen him many times before.

Q. Are you very sure the prisoner is the man you caught with your cloth in Chick-lane?

Keys. Yes.

Prisoner's Defence.

I was coming down Saffron-hill and a cart hauled this cloth from the window; a man took it up and gave it me; and this man ran after me and took it away from me; I am a ship-carpenter.

For the Prisoner.

Elizabeth Balls . I live in Smithfield; I was coming down Saffron-hill between four and five in the evening; I saw the prisoner take the cloth from the window; there was no cart at all; he ran down Chick-lane, and I gave this gentleman notice of it.

Guilty .

[Transportation. See summary.]

299. (M.) JOSEPH BOWMAN was indicted for breaking and entering the dwelling-house of Thomas Bellinger , on the 20th of November , about the hour of three in the night, and stealing seven silver table-spoons, value 3 l. 10 s. one silver soup-spoon, value 3 l. two silver tea spoons, value 3 s. and 120 copper half-pence, the property of the said Thomas Bellinger , in his dwelling-house . ||

Mary Bellinger . I am wife to Thomas Bellinger , we keep a public-house at the corner of Crown-court, St. James's . I was up last in the house, and fastened the doors and windows myself on the 19th of November. I was alarmed at five o'clock the next morning by a lodger in the house; I ran down stairs almost naked. When I saw the situation of things I judged that a servant had done it, and I suspected a servant that had left me a short time before that. I found the bar open, and a hole was cut in the bar big enough to put a hand in to pull back the spring-lock and the bolt, and then they could get the shutters down.

Q. Were they down?

Bellinger. Yes, it was all thrown open, and there were seven table-spoons, a large soupspoon, and two tea-spoons. The drawer in which they were was shut in with a cupboard; the drawer of the till was cut open; a piece of wood was cut off, and so the till was got out: there was about a crown's-worth of half-pence taken out of the till. I found a tool that is used by bricklayers labourers, that I shewed in court, upon the trial of two of the men, I have not got it now. I can say nothing of my own knowledge against the prisoner. Joseph Eldridge , the accomplice, says he let him in along with the other men.

Joseph Eldridge . I served my time to a vintner. I cannot take my oath that the prisoner was in the prosecutor's house. I lodged there.

Q. Who desired you to let them in?

Eldridge. Samuel Higbed and William Monk .

Q. Who did you let in?

Eldridge. Samuel Higbed and another man, I don't know his name. This was about two o'clock at night, some time in December; the prisoner was not there.

Q. from the Jury. Did you say so before Sir John Fielding ?

Eldridge. The prisoner was a party concerned; he knew of the robbery.

Court. For God's sake take care what you say! - What did you say at Sir John Fielding 's? Did you say then that you let this man in or not?

Eldridge. I swore he was a party concerned. I swore that I let four in.

Q. Did you not swear that you let in Samuel Higbed and Joseph Bowman , who broke open the bar?

Eldridge. I swore that Samuel Higbed broke open the bar; I did not see Bowman break it open.

Q. Did you swear that you did?

Eldridge. I never swore that Joseph Bowman broke upon the bar.

Court. The words of your information are:

"That the said Monk then desired this informant

"to go down, and let the persons in;

"and this informant accordingly went down,

"and let in the two persons now present, who

"called themselves Peter Farrel and William

"Nichollay, with the said Samuel Higbed

"and Joseph Bowman , who broke open the

"bar in the said house, and stole a quantity of

"silver plate." What do you say now, Sir?

Eldridge. I say that Samuel Higbed broke open the bar.

Q. And do you now positively swear, that you did not swear before the justice that Bowman was let in with the other two. - Will you swear that he was not there?

Eldridge. I can't swear that he was particularly concerned in breaking open the place.

Q. How do you know that he was concerned?

Eldridge. He knew of the robbery, and was to be a party concerned in it. We were to meet at the Ship in St. James's-street.

Q. Did you meet them there?

Eldridge. No, I did not.

Q. Was you present at any time when it was settled between them, that they were to break open this house when the prisoner at the bar was present?

Eldridge. Yes.

Q. At what house?

Eldridge. At a house by Carnaby-alley. There were only the prisoner and Higbed there, and there I left them.

Q. What time was this?

Eldridge. About a day before the robbery.

Q. Who was at the house that you are sure of?

Eldridge. Samuel Higbed , William Nichollay , and Peter Farrel .

Q. You knew him as well as the rest?

Eldridge. Yes. The prisoner appointed to be there; they took out the spoons.

Q. What became of them?

Eldridge. I don't know.

Q. Did you never see them afterwards?

Eldridge. I went up to bed afterwards. I was taken into custody the next day.

Q. Were none of the goods found any where?

Eldridge. No.

Q. What cloaths had they on that night you met?

Eldridge. We went and took two the first night, the rest I gave a description of.

Q. Did you describe this man as well as the rest?

Eldridge. Yes.

Q. How did you describe him?

Eldridge. That he had white cloaths.

Q. What cloaths had he on the night the robbery was committed?

Eldridge. He was dressed in white. - I never saw him in any other colour.

Christopher Moxen . As I was going into Crown-court, on the 19th of November, I met one John Shepperd , a baker; I met Higbed, Farrel and Nichollay in the court (the two last were cast for transportation last sessions or the sessions before) and Joseph Bowman ; it was about twelve o'clock the night of the robbery; they were close by the prosecutor's house; they were standing together. Samuel Higbed asked me to lend him six pence. I asked them where they were going; they said they were going about their business. I lent Higbed six-pence. I had known Higbed, Monk, and Nichollay about three years. I had known the prisoner about six months, but had never spoke to him; he is a bricklayer or plaisterer. I was going to lie at Mrs. Bellinger's.

Q. Are you sure you saw the prisoner there?

Moxen. Yes; he had a white suit of cloaths on, and he had the same hat on as he had before Sir John Fielding ; it was bound round with black.

Q. to the Prosecutrix. Did the accomplice sware to the prisoner before the justice?

Prosecutrix. He did before the justices at the Rotation. As we were coming back from Sir John Fielding , I said I thought I knew his face; he said he had drank at my house, but never since that affair.

Q. to Eldridge. What cloaths had the other people on that you let in? Can you tell if any of them had white?

Eldridge. One of them had a kind of snuffcoloured cloaths. Higbed was in brown. I did not see these wear any other cloaths.

Court. It was a light night; the full moon was the twenty-second.

Peregrine Weatherby . I was a supernumerary watchman that night. I went round at ten o'clock and twelve. At half after twelve o'clock the prisoner came and whistled through his fingers three times; he was dressed in light cloaths; I am sure he is the man; the moon shone as bright as day. After he had whistled, the sash was thrown up, and one looked out at the window up two pair of stairs in the prosecutrix's house, and they discoursed together for a considerable time. The prisoner stood upon the ground by me when the accomplice talked to him out at the window. I thought they were both lodgers in the house. At last the accomplice asked where they were; the prisoner said, all together. The prisoner asked him whether he would come down or no; he said he would not. Then the clock struck one; I took my candle and lanthorn and called the hour.

Q. What did you think the three whistles were for?

Weatherby. To call his comrade; I thought he was a lodger and wanted to get in. When I came back he was gone.

Q. How far is your box from the house?

Weatherby. About ten yards.

Q. How far do you go when you cry the hour?

Weatherby. It takes me up very near a quarter of an hour.

Q. How long did you stay upon the stand?

Weatherby. Till almost six in the morning. About half after two o'clock Samuel Higbed, who had been a waiter in the house, came by himself. I thought he had lived in the house. Then he threw something up to the window; I went to him, and told him he should not throw any thing up at the window, for if he broke the window I should be answerable for it. He flung something out of his hand; I heard it. rattle against the window. I saw the sash move up, and somebody put out a hand and wagged it. I could see nothing but the hand. I went to the door, and found it unshut; two men came out, and after that two more; I thought they were lodgers, and were going to their work.

Q. Was the prisoner one of them?

Weatherby. He that had white cloaths on was one of them.

Q. Was the prisoner one of the first two or last?

Weatherby. He was the third, I believe. I walked backwards and forwards all the time, to prevent any disturbance, because the door was a-jar. When the man came up to light the fire, I told him the people they kept in the house were very irregular.

Prisoner's Defence.

I was not there at the time.

Guilty . Death .

Recommended on account of his youth.

See the trial of Peter Farrel and William Nichollay , otherwise Nicholas, No 23, 24. in this Mayoralty.

300. (L.) MARY POLLARD was indicted for stealing a wooden box, value 1 s. three linen aprons, value 3 s. four linen caps, a cardinal, four linen handkerchiefs, a pair of linen muffetees, one linen shift, one pair of stockings, half a guinea and 46 s. in money numbered, the property of Judith Brown ; and a tea-spoon , the property of John Purchase . February 15 . +

Judith Brown . I live in Thompson's rents, Half-moon alley, Bishopsgate street . I lost the things mentioned in the indictment, which were in my box, which was broke open; there was nobody in the house at the time I lost it, but the prisoner and me.

Q. What was in your box?

Brown. She took some caps and handkerchiefs, fourty six new shillings, four or five aprons, and a clock; she took every thing out of the box that was in it; and a wet shirt and from the line.

Q. When was it?

Brown. On Saturday last about ten or eleven o'clock. I found one of my caps on her head on Sunday morning, that I had put in my box a day or two before.

Q. Where is the cap?

Brown. I never had it from her; the constable saw it on her head.

John Purchase . The Prosecutrix kept my house. I lost a silver tea-spoon, which was afterwards found at the pawnbroker's.

- Wallace. I am a pawnbroker; the prisoner pledged this spoon with me (producing it) last Saturday night, for 1 s. and 6 d. She offered to pawn the cardinal.

Purchase. I can swear this is my spoon.

Prosecutrix. I received the spoon from Mr. Purchase to take care of; it was in my box, I saw it the day before.

Q. Did you give the prisoner any authority to pawn it?

Prosecutrix. No; I did not.

George Broomhead . I live with Mrs. Purchase; I told the constable, before I saw the spoon, that it had got a scratch on one of the letters: this is the spoon; here is the scratch upon it that I described.

Samuel Cheary . I to ok the prisoner last Saturday between eleven and twelve o'clock; she was drinking tea. Mrs. Brown gave me charge of her and said she had got the cap on her head. When I took her before the Alderman, she had taken off that cap, and put another on. The Alderman ordered me to inquire amongst the pawnbrokers after the things; I found this spoon at Mrs. Wallace's.

Prisoner's Defence.

I met the old gentleman, I asked her how she did. She said she had been robbed. I asked her to have a dram. I went home with her, and we had a dram. I know nothing of her things.

Cheary. When I took the prisoner into custody, she said, If I would get the old gentlewoman to make it up, she would give her a note of hand for the money.

For the Prisoner.

Ann Crisp . The prisoner worked for my father-in-law; we tried her with money several times, because we had heard a bad character of her, but we never found any deficient.

Guilty, 10 d.

[Transportation. See summary.]

301. 302. (L.) PETER COOK and THOMAS FREETH were indicted for stealing a woollen cloth-coat, value 10 s. the property of John Pearce .

Both acquitted . ++

303. (L.) PETER COOK was again indicted for stealing a silk handkerchief, value 10 s. the property of Joseph Bilby . January 14 . ++

Joseph Bilby . As I was going down Ludgate-hill , on January 14, between seven and eight o'clock, Mr. Pain tapped me on the shoulder, and told me I had lost my handkerchief, and he immediately took the prisoner. The took him to Bride-lane, near the salop shop, and a woman found the handkerchief near the door.

William Pain . As I was going down Ludgate-hill, in my way home, on January 14, I met the prisoner following this gentleman; he walked a great peace, so that sometimes the prisoner was on a trot just before I got to Ave-Maria-lane, above Ludgate-Church, I saw him take a handkerchief out of the gentleman's pocket. I did not stop the prisoner, for fear I should loose the prosecutor, but went up to the gentleman, and told him he was robbed of his handkerchief, he said he should have three handkerchiefs; he put his hand in his pocket and pulled out two, and said he had lost one. I told him if he would go along with me I dare say I should catch the person that stole it before he got to Temple-bar; soon after that I heard the prisoner in the coachway hallowing out Tom. I took him to the salop shop; there was a woman at the door, she took up a handkerchief which she said the prisoner dropt; the prosecutor said if it was his handkerchief, it was tore at one corner; upon examining it, we found it was tore at the corner.

Prisoner. The prosecutor would not sweare before the Alderman that it was his handkerchief,

Prosecutor. I believe it to be mine; I did not sweare positively.

Prisoner's Defence.

I am quite innocent. I worked formerly with my father.

Guilty . T .

See him tried No 210 last Mayoralty.

304. (L.) HANNAH, the wife of John MESSITER was indicted for stealing a piece of black silk, containing sixty-three yards, value 15 l. the property of William Shrigley , privately in his shop . February 10 . ++

William Shrigley . I live in Bishopsgate street without. I keep a mercer's shop ; the prisoner came to my shop on the 10th instant, about twelve o'clock. I was busy. She pretended she came from a lady; she wanted bumbazines, crapes, and other things, to be sent to Whitegate alley. I thing she said her mistress's name was Reeves. My man shewed her a petticoat; she agreed to give 19 s. for it. She wanted an ordinary crape. I looked it for her. She said she was going a little further and could not conveniently stay, but would call in half an hour: her countenance changing, I suspected she had taken something. When she went out, I sent my man to watch her: he went out, and instead of going after her, there was another woman he went after her, and so lost the prisoner. In about five minutes after, the weaver, whom I bought the silk of, came to me: I asked him if he would not take something off the silk, for it was very dear. I was going to show it him, and missed it. I suspected the woman had taken it, and sent the cryer to crye it; which had no effect. The next day I advertised it, and Mr. Coney, the pawnbroker in Holborn, brought me eight yards of it. He left the silk with me, and gave me instructions to go to Sir John Fielding 's to get a list of the brokers; the person not easily getting a list went about to the brokers, and found three more pieces; his name is Samuel Shrigley . Mr. Berry, as he found the silk was stole, said he believed he knew the woman; and the first time he saw her, he would take her. She was taken on Saturday and brought to me. When she was brought into my shop, she begged for mercy, and told me how she took it.

Prisoner. He promised to forgive me.

Shirgley. I promised her nothing; she said she designed to send me 4 s. a week by a private hand; that she had a nurse child at 16 s. a month which I was to have; she confessed where the remainder of the silk was that I had not found; one quantity was at Mrs. Pains, in Golden-lane, the other quantity was at a pawnbroker's in Jewin street; the other she said was at London-wall; but that I have not found, the other two I found.

Q. How many yards do the parcels that you received, measure?

Prosecutor. Three of the pieces are eight yards each, and the fourth is about fifteen yards. ( Produced and deposed to.)

Q. How many yards did the piece contain?

Prosecutor. It was charged sixty-three yards and a half in the bill, I had not measured it.

William Coney . I am a pawnbroker and live at the corner of Leather-lane Holborn. On the 11th of this month, the prisoner pledged eight yards of black silk at my house, I lent her a guinea on it; after that I saw an advertisement of sixty-three yards of black silk with a blue thread run through the selvidge; on looking at it by candle-light, I saw the thread. I went to the prosecutor, and asked him to describe the nature of the thread; he did; and I told him I thought I had got eight yards of it. (The eight yards produced, and deposed to).

John Morgan . I live with Mr. Berry, in Aldersgate-street; he is a pawn-broker. I took in these eight yards of silk, ( producing them) of the prisoner the 10th of this month; I lent 18 s. on them.

Q. Has that the blue in the selvidge?

Morgan. Yes, the same as the other; it has never been out of my possession. I never saw such a one before.

John Badams . I am a weaver. I can make oath this work was made at our house. My master, Mr. Ravenall, said, he sold it to a mercer in Bishopsgate-street.

Q. You have made many such selvidges, I suppose?

Badams. Perhaps I may.

Prisoner's Defence.

I know nothing at all of it. I was at the shop in the day I looked at some crape; he asked an extortionate price. I had no body with me. I wanted to look at some common crape, but he was very busy, so I said I would call again. I looked at a petticoat, I agreed for it, and designed to have it. He went to the door; he asked me where I lived, I said, in Whitegate-alley. I went out of the shop. I had no cloak on. I went to go to a grandfather's in Half-moon-alley, to see how he did; I met a woman that asked me if I knew where there was a pawnbroker's; that she was in great distress, and desired I would shew her one. I went with her, when she pawned the silk; I took the money, and gave it to her. I went to different pawnbrokers. I had no cloak on. It is impossible that I should conceal thirty-six yards of silk.

Prosecutor. She confessed that she took it. She had a little black cloak on. She said she took it under her apron, and as she went out she trod upon it, and she wondered neither of us saw her.

Q. Did you make her any promise if she would confess?

Prosecutor. No, none.

Q. Did you observe any dirt upon any part of what you received?

Prosecutor. No.

Q. Was it rolled upon any thing?

Prosecutor. Yes, upon a small roll.

She called Sarah Hopkins , who had known her six years; Elizabeth Jones , fifteen years; Sarah Pritchard , seven years; George Archer six years; David Strong , five years; Thomas Luxford , six years; Sarah Hopkins and Jacob Lennard , who all gave her a good character.

Guilty of stealing, but not privately in the shop .

[Transportation. See summary.]

305. (L.) SAMUEL WESTLEY was indicted for the wilful murder of William Unwin . He stood charged on the Coroner's inquisition for man slaughter. ++

Elizabeth Penner . I am servant at the Barleymow in Drury-lane . On the Sunday-evening before Christmas-day, between seven and eight o'clock, the prisoner was at the Barleymow, and two or three more, particularly one Johnson, the deceased Unwin, and one Gardiner. There was a quarrel between Gardiner and Westley, and there were blows between them. After the quarrel Mr. Unwin was going out of the box with a pint of beer in his hand. Westley was in a passion, and struck first one blow; then Mr. Unwin said he would fight him fairly. I said he should not fight, it being Sabbath-day. Then Westley struck Unwin again, and Unwin fell under the grate a-cross the sender, and there was blood came from his mouth and nose. I gave him some spiritous liquors to wash his mouth with; he went away, and came again in the evening with two or three other people, and made a great riot. Unwin came again next morning; he did not give any account of whom he received his blows. Unwin was a recruiting serjeant .

Richard Beasley . I am brother-in-law to the deceased. I saw him on Christmas-day in the evening; he seemed insensible; he said he had lost blood; he said a horse had kicked him, he was almost stone-blind. He lingered eight or nine days at different lodgings. He said once, Oh, this Westley has killed me! The wound afterwards appeared more favourable. He went to the hospital on the Wednesday, and died on the Sunday following.

Q. Was there any particular conversation respecting Westley?

Beasley. There was no particular account that one could depend upon at that time.

William Clows . I am a journeyman apothecary. I attended the deceased the day after Christmas-day; he complained of being very ill, and said it was occasioned by the kick of a horse. He said he had been in the country. I understood him to speak of a transaction on Sunday. I opened his face; there were two wounds; his nose and eyes were black, they were closed up with a swelling; and there was a contusion on his forehead. There were no symptoms of a fracture. There was bleeding at the ears and nose, and occasionary delirium, and an inclination to vomit, which we consider as a symptom of a fracture or concussion of the brain. I could find no fracture or fissure; but I concluded from these symptoms, that there must be a concussion of the brain in consequence of an injury he had received. I attended him ten days; three or four of those days he was delirious; at the time I dressed him he was delirious. The first time, when he talked of a kick of a horse, he was sensible by degrees as the swelling went off; and he had complaints of another nature, he seemed asthmatic, and something dropsical. At the end of these ten days I was taken ill myself; in consequence of which another person attended him. When I got better I carried in my bill for my attendance upon him. I found then the visible external injuries were all got well; the confusion and the swellings were gone, and the wounds upon his nose had a scab on them, so that all appearances of danger were over, but he complained of shortness of breath, and was in danger of suffocation. He was sent to the hospital, and I saw no more of him till he was dead. I understand that at the hospital he was treated by Dr. Pitcairn as for a dropsy.

Q. Is it usual for a concussion of the brain to take that turn?

Clows. I can't say I know that; but I have known these asthmatic complaints to follow upon such a dropsy.

The prisoner in his defence said, that the deceased first began the fray, by taking him by the nose, and threatening him; that he called him a kidnapper, because he raised recruits for the india company; that upon that Unwin came forward, and asked him how the prisoner knew him to be a kidnapper; that then he said something which enraged Unwin, and Unwin struck him a second blow; that as he was going to strike him a third time, that then he struck him, and he fell upon the hearth. He called several witnesses, who corroborated his defence, and others that deposed, that he was a peaceable man, but if injured would stand upon his defence.

Guilty of Man-slaughter . B .

306. (L.) SAMUEL SHAW was indicted for stealing a bank note, value 20 l. the property of Daniel Bailey ; the same note being due and unsatisfied , April 22. 1771 . ++

" Edward Titcomb , a taxer at the Post-office, deposed, that he was on the by duty at the Post-office, on the 22d of April, and that it was the prisoner's duty to be there, but he could not be positive whether he was or not."

" William Brady , servant to Mr. Daniel Bailey , deposed, he enclosed the bank-note, of 20 l. with two bills of exchange in a letter directed to Mr. Roads, of Halifax, which he put into the Post-office himself; he produced the bill-book, and the description of the note tallied with the description in the indictment, except that he had entered it No 334, instead of 344."

" Thomas Helfort , an assistant to the Post-office at Bristol, deposed, that he made up the bags of letters in the usual manner on the 20th of April, and sent them off at about three-quarters after eleven o'clock."

" Charles Creswell deposed that the mail arrived from Bristol on Monday; that he opened the Bristol-bag, and the account of the letters corresponded exactly with the letters."

" John Hardcastle , who lives at Halifax, in partnership with Mr. Roades, deposed, that they correspond with Mr. Daniel Bailey of Bristol; and that they did not receive the bank-bill, sent by Mr Bailey."

" Hannah Bagnal , who belongs to the Post-office at Halifax, deposed, that Messrs. Roades and Hardcastle, paid by the quarter for their letters, and that from his account they received but two letters that post, one charged 8 d. the other 3 d. that if a letter had come with three bills it would have been 3 s. and 8 d. and that he was certain that no such letter came."

" Edward Shaw , brother to the prisoner, deposed, that the prisoner gave him a yellow bag to carry to his brother Jack, and bid him get it changed; that he carried it the same day; and that he did not open it; that the next day, the prisoner bid him go to his brother Jack, to see if he had got it changed; that he went to his brother, who gave him the same bag, which he returned to the prisoner; that he delivered it as he received it, and did not know its contents."

" John Shaw , brother to the prisoner, deposed, that the bag he received from the last witness, contained a bank-note for 20 l. that he took it to the bank; that he put his name on it, and received the money; that he put the money in the bag, and gave it his brother Edward to give to the prisoner."

Q. Is this your hand-writing? (shewing him the note.)

Shaw. I believe it is.

" Thomas Smith , teller at the Bank, deposed, that he paid the note on the 25th of April, 1771. but could not recollect the person that received the money."

(The note read.)

" Benjamin Lambert , who belongs to the cash-book, at the Bank, deposed, that he issued ten notes, payable to Edward Adams , on the 25th of April; from No 327, to 336. He produced the note, No 344. dated the same date made payable to James Milner ."

"Mr. Bailey deposed that was not the note that he sent by the post."

" William Aldridge , a clerk in the Bank, deposed, that No 344, was paid at the Bank, on the 19th of December, 1770. and that the notes made payable to Edward Adams , had all been paid at the Bank at different times, excepting No 335, which was outstanding."

"The prisoner, in his defence, said, that he took the Bank-note of a person of whom he won five or six and twenty shillings at billiard, near Cold-bath-fields."

Guilty . T .

307. MARY HURST was indicted for stealing a pair of shoes, value 2 s. the property of John Longden , Jan. 22 . ++

John Longden , the prosecutor, who is a shoemaker , in Cow-lane, near Snow-hill , deposed, that Ann Balis , who lives opposite him, came over to him, and told him that a woman had stole a pair of shoes; that he pursued the prisoner, and took her about fourteen doors off; that he brought her back, and took a pair of shoes out of her apron, which she had buddled up. (The shoes produced, and deposed to by the prosecutor.)

Ann Balis deposed, that she was at her window, and saw the prisoner take a pair of shoes from the prosecutor's grate, and look at them; that then she put them together, and went off with them; that she went immediately, and gave the prosecutor information of it.

The prisoner in her defence said that she was ignorant of the transaction; that she had had a fit of illness, and had been out of place ever since.

Guilty . T .

308. (L.) JOHN SMITH was indicted for stealing nine pound of raisins, value 1 s. 6 d. the property of a person unknown. Jan. 16 . ++.

John Butler . I am a merchant's watchman, and attend the Keys. On the 16th of February, the prisoner was up a gateway at Botolph-wharf , by a pile of fruit. I went up to him, and he was crossing a handkerchief. I seized him, and asked him what he meant by that? He said he was only taking a few. I felt his pocket, and he had his side-pocket full, besides what was in his handkerchief. I said he must go to the clerk: the clerk desired me to take him to the Compter. There was above 9 lb.

Prisoner's Defence.

I am not the person. I know nothing of the matter; I was committed upon suspicion of forgery.

Butler. (looking at the prisoner.) The man at the bar is not the person.

Acquitted .

309. (L.) JOHN SMITH was indicted for stealing nine pounds of raisins, value 1 s. 6 d. the property of a person unknown. Feb. 16 . ++

The evidence was the same as against the last prisoner, who was tried by mistake.

The prisoner in his defence said, that he found the handkerchief with the raisins in it, some of which he had put into his pocket, when Butler secured him.

Guilty . T .

310. (L.) DAVID HIND was indicted for stealing twenty pounds of tobacco, value 4 s. the property of persons unknown. Feb. 22 . ++

" George Whitehall , a merchant's watchman at the Keys, deposed, that on the 22d of February, about four o'clock in the morning, the prisoner came a-board a lighter of tobacco that he had the charge of; and that he found 20 lb. of tobacco lying by a hogshead which had been broke open; that he found an empty bag in the boat; and that he secured the prisoner, who was endeavouring to hide himself in the lighter; he said that the prisoner b egged for forgiveness."

"The prisoner in his defence said, that he had no lodging nor money, and so went to lie in the lighter."

Guilty . T .

311. (L.) WILLIAM MARTIN was indicted for stealing twelve pounds of pimento, value 6 s. the property of persons unknown. Jan. 20 . ++

- Wiggin deposed, that as he was walking along the Keys, he stopped the prisoner with about fifteen or sixteen pounds of pimento in a handkerchief; that he charged a constable with him; that he broke loose, and fought his way through a great many people, and got clear off.

Peter Kelly deposed, that he saw the prisoner coming over some crafts with a handkerchief; and thought he might have meat in it; that Mr. Wiggin brought this handkerchief to him afterwards, and desired him to assist in securing the prisoner.

John Kilman , an officer belonging to the Customs, deposed, that he saw the prisoner come out of the lighter, where the pimento was; and that Mr. Wiggin stopped him with the pimento upon him.

The prisoner in his defence said, that a person threw the handkerchief out of a boat into the lighter where he was, and desired him to take it on shore.

Guilty . T .

312. (M.) THOMAS BURBRIDGE was indicted for stealing one frame saw, value 10 s. twelve ten-feet deal boards, value 24 s. and six pieces of oak timber, value 30 s. the property of John Robinson , Esq ; Jan. 18 .

To which he pleaded Guilty . T .

313. (M.) ISAAC LANDON was indicted for stealing one silver crewet stand, value 5 l. three silver castors, value 3 l. four silver salt sellers, value 3 l. two silver crewet tops, value 6 d. three silver salt ladles, value 4 s. one silver child's boat, value 5 s. one pair of silver tea tongs, value 5 s. one silver punch cup, value 5 s. one pair of stone knee-buckles set in silver, value 2 s. two diaper cloths, value 4 s. one fustian frock, value 10 s. one cloath coat, value 2 l. one cloath waistcoat, value 10 s. and one pair of cloth breeches, value 10 s. the property of Christopher Stedman . Feb. 15 .

To which he pleaded Guilty . T .

314, 315. (M.) JAMES MACDANIEL and JOSEPH HILL were indicted, the first for stealing 400 lb. of moist sugar, value 39 s. the property of certain persons unknown, and the other as accessary before the fact, for feloniously and maliciously inciting, procuring, aiding, and abetting the said James MacDaniel , the said felony to do and commit against the statute . Jan. 22 .

Both Acquitted .

315. (L.) FRANCIS SADLER was indicted for wilful and corrupt perjury . ++

Acquitted .

316. (L.) JOHN PARROT was indicted for wilful and corrupt perjury . ++

Acquitted .

William Smith , alias Thumper , Charles Burton , Francis Phanix , alias Finikin , Edward Flanagan , Henry Jones , alias Owen , William Parker and John Burn , who were capitally convicted last Sessions, were executed at Tyburn on Wednesday the 5th of February.

At an adjournment held on the 5th of March at the Sessions-house in the Old-Bailey, the following prisoners, who were capitally convicted at former Sessions, received his Majesty's mercy on the following conditions: - William Thwaites , for burglary in the house of Nash Mason, Esq. Samuel Carter , alias Gasford , for horsestealing, James Godbolt , for a robbery, on the highway, on Henry Hunt ; on condition of transportation for their natural lives.

Thomas Altop , James Saytus , and Sarah Beeks , for burglary in the house of Mrs. Bradshaw; Richard Pearce , for a burglary in the house of Samuel Swinton ; John Hurdley , and Richard Golley , for a burglary in the house of Henry Sackler ; Joseph Flendell , for a burglary in the house of Thomas Sturley ; Rose Keefs , for stealing money in the house of J. Farquharson; Mary Murphy , for stealing goods in the house of Hannah Carr ; John Young , alias Smith , for robbing Mrs. Bulford on the highway; John Lewis , for robbing George Matthew on the highway, Thomas Jenkins , and J. Kelbert , for robbing Francis Teuvenin on the highway; Joseph Wade , for breaking open the house of Chris. Warcup ; Robert Walker , and William Bates , for horsestealing; and Charles Lyon , for picking the pocket of Harry Piddington of his watch, on condition of transportation for fourteen years.

And Sarah Freshwater , for picking the pocket of William Morrison , and Maximilian Miller , for returning from transportation, on condition of transportation for seven years.

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

Received Sentence of Death, 6.

Thomas Crofts , Joseph, alias James Bowman , Andrew Welch , Thomas Page , John Bowers , James Bolland .

Transportation for seven years.

Thomas Burbridge , John Almon , Ann Brown , Samuel Wilton , Elizabeth Cross , Michael Rogers , William Hart , William, alias John Ward , Isaac Landon , John West , John Kirk , James Jennings , Edward Smith , Rebecca Smith , Rebecca Davis , Robert Wilcox , Samuel Shaw , John Coleman , Robert Greaves , Levy Phillips , Hannah Messiter , Mary Polland , William Bland , William Barns , Mary Hurst , William Martin , John Smith , Peter, Edward Welch, Samuel May , James Hine .

Branded, 8.

Robert Mackey , Joseph Fisher , Elizabeth Cushinburgh , George Hall, Richard Crofts , Samuel Westley , John Dowell , Mary Hughes .

Whipped, 2.

Ann Ball , Mary Hinder .

Judgment was respited on Joshua Dudley and Catherine Graham .

William Smith , alias Thumper , Charles Burton , Francis Phanix , alias Finikin , Edward Flanagan , Henry Jones , alias Owen , William Parker and John Burn , who were capitally convicted last Sessions, were executed at Tyburn on Wednesday the 5th of February.

At an adjournment held on the 5th of March at the Sessions-house in the Old-Bailey, the following prisoners, who were capitally convicted at former Sessions, received his Majesty's mercy on the following conditions: - William Thwaites , for burglary in the house of Nash Mason, Esq. Samuel Carter , alias Gasford , for horsestealing, James Godbolt , for a robbery, on the highway, on Henry Hunt ; on condition of transportation for their natural lives.

Thomas Altop , James Saytus , and Sarah Beeks , for burglary in the house of Mrs. Bradshaw; Richard Pearce , for a burglary in the house of Samuel Swinton ; John Hurdley , and Richard Golley , for a burglary in the house of Henry Sackler ; Joseph Flendell , for a burglary in the house of Thomas Sturley ; Rose Keefs , for stealing money in the house of J. Farquharson; Mary Murphy , for stealing goods in the house of Hannah Carr ; John Young , alias Smith , for robbing Mrs. Bulford on the highway; John Lewis , for robbing George Matthew on the highway, Thomas Jenkins , and J. Kelbert , for robbing Francis Teuvenin on the highway; Joseph Wade , for breaking open the house of Chris. Warcup ; Robert Walker , and William Bates , for horsestealing; and Charles Lyon , for picking the pocket of Harry Piddington of his watch, on condition of transportation for fourteen years.

And Sarah Freshwater , for picking the pocket of William Morrison , and Maximilian Miller , for returning from transportation, on condition of transportation for seven years.