Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 22 December 2014), June 1772 (17720603).

Old Bailey Proceedings, 3rd June 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 3d, Thursday the 4th, Friday the 5th, Saturday the 6th, Monday the 8th, and Tuesday the 9th of JUNE, 1772.

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

NUMBER V. 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 GEORGE PERROT , Esq. one of the Barons of his Majesty's Court of Exchequer *; the Honourable Sir RICHARD ASTON , Knt. one of the Justices of his Majesty's Court of King's Bench +; JAMES EYRE , Esq. Recorder ++; JOHN HYDE , Esq. || and others his Majesty's justices, of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the City and County of Middlesex.

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

L. London, M. Middlesex Jury.

London Jury.

Robert Wyatt

William Norris

William Powell

Samuel Maritau

Bartholomew Adams

Robert Marsh

Henry Hammond

Daniel Ward

George Grainge

Patrick Hutton

William Talbott

Daniel Stapleton

First Middlesex Jury.

Henry Russell

John Jackson

William Cobbett

Francis Jones

James Fisher

Robert Hall

William Barlow

John Bayton

James Williams

John Buck

William Owens

Thomas Stafford

Arthur Collins , Thomas Lee , Thomas Ward , and Robert Hill served part of the time on this Jury.

Second Middlesex Jury.

James Robinson

Thomas Thwaites

Francis Tudor

Andrew Purcell

Peter Bongshage

John Buckley

Peter Cockburn

Richard Wilkes

William Allen

Joseph Watson

Stephen Goddard

John Broughton .

411, 412, 413, 414. (M.) ISAAC HOLMES , JAMES FOX , ELIZABETH TURNER , spinster , and THOMAS WILCOX were indicted, the two first for breaking and entering the dwelling house of Thomas Price , on 19th April , about the hour of twelve in the night, and stealing a scarlet duffel cloak, a mahogany tea chest, two tin cannisters, two oz. of tea, a copper tea-kettle, a brass candlestick, a brass drudging box, a pewter plate, a flowered linen child's petticoat, a dimity child's petticoat, a linen gown, a linen handkerchief, a linen cap, three lb. of beef, one lb. of butter, four lb. of bread, a pair of worsted stockings, a lb. of thread, a silk pin cushion, a linen cap and a linen towel, the property of Thomas Price in his dwelling house . ELIZABETH TURNER for receiving the said goods, well knowing them to have been stolen , and THOMAS WILCOX for procuring, counselling, aiding and abeting Isaac Holmes and James Fox , the said Burglary to do and commit . *

There being no evidence to bring the charge home to the prisoners, but Francis Gray the Accomplice, they were.

All Acquitted .

415, 416. (M.) WILLIAM SIDAY and WILLIAM PARIS were indicted for breaking and entering the dwelling house of Mary Fisher , widow, on the 3d of March, about the hour of seven in the forenoon (no person being therein) and stealing three cloth coats, three cloth waistcoats, two pair of cloth breeches, one pair of cotton breeches, one pair of Bristol stone buttons, one pair of leather breeches, one pair of silver knee buckles, one Bath great coat, a deal box, three shirts, four neckcloths, two linen handkerchiefs, two pair of leather gloves, two leather pocket books, two pair of worsted stockings, one pair of brown thread stockings, one case of instruments, one dove tail saw, one pair of silver shoe buckles, a silk handkerchief and seven guineas in money, numbered, the property of James Waterson in the dwelling house of the said Mary Fisher . +

James Waterson . I lodge up one pair of stairs at Mary Fisher 's, in Goswell Street ; she keeps a green shop . I was robbed on the 3d of March , between six and eight in the morning; I lost a suit of stone coloured clothes with yellow metal buttons, from a bottom drawer out of a chest of drawers; (I saw them about a week before I missed them) and a suit of blue with white buttons, and a drab coloured coat and waistcoat with mixed metal buttons, a Bath great coat, a mixture of brick dust colour and white, a pair of stocking breeches, a pair of buckskin breeches with silver buckles in the knees, a white deal box with seven guineas in it, (I saw the money on Saturday) three shirts marked J. W. four neckcloths not marked, two muslin, two lawn, and two coloured linen handkerchiefs; one red, one blue, and one pair of brown thread stockings, two pair of worsted, two pair of leather gloves, two leather pocket books, one red and one black; a case of mathematical drawing instruments, a dove tail saw, a silk handkerchief, and a pair of silver shoe buckles, which were taken out of a pair of shoes in the room; on Wednesday night after the robbery I saw these things at Sir John Fieldings (producing a parcel of the goods mentioned in the indictment, which he deposed were his property) the accomplice gave information of a suit of blue clothes, that were pawned at one Caple's; I saw them there, they are my property.

Joseph Stevenson . I found these cloaths in Paris's lodging, in a Court in Grub Street; I took these picklock keys out of his pocket, (producing them;) I found him in bed; some of the clothes lay on the bed, some were in the box; after that Siday was taken at his lodgings at Tower Hill, as I am told.

Thomas Blake . I keep a publick house in Goswell Street; the prisoners were all together at my house about a quarter before seven in the morning, on Shrove Tuesday. I live about half a stone's throw from Mrs. Fisher's; I never saw them before.

Samuel Shipman . I took in this blue suit of clothes on the 3d of March last of Elizabeth Nichols .

Q. Is she here?

Shipman. No.

Paris. She proved she pawned them for Fisher, and she was discharged.

Q. to the Prosecutor. Who was in the house at the time?

Prosecutor. Nobody; Mrs. Fisher was gone to Market, and the other two lodgers were at work with me.

Mary Fisher . I went out a quarter before seven that morning to Fleet Market; after I shut the door, I pushed against it three times, and found it locked, the windows were safe, and the bars up; when I came back at a quarter before eight, I found the door open; I went into my room below, and missed nothing there; in Mr. Waterson's Room the drawers were taken out and laid on the floor; two drawers belonging to me were broke open; I cannot tell what was taken there, I lost five silver tea spoons and some other things.

Q. Is that Fisher your son?

Fisher. Yes he is.

Q. Was the door broke or unlocked?

Fisher. There was nothing broke; the lock was picked, and so was the chamber door.

Q. Did Thomas Fisher come to your house often?

Fisher. Yes.

Thomas Fisher . The prisoners, Siday and Paris, and myself went to Mr. Blake's, the Sun Dial, in Goswell street, about a quarter before seven; we had a pint of beer. I looked through the window, and saw my mother go out; I knew Waterson was gone to work; I said to Paris now it is time to go; Paris went and opened the door with a false key; Siday went over; I saw the door shut to. I staid about till I saw Paris come out with this box upon his head and a great coat; then we went to Paris's lodgings, in a Court in Grub Street, and opened the box, there were six guineas and an half in money; two or three neckcloths, a silk handkerchief and some other things that I cannot recollect. I met William Siday in Smithfield, he told me he had been back again, and had got three suits of clothes that were at Paris's lodgings.

Q. Did he tell you when he went back?

Fisher. No; It was about three hours after we had been at Blake's that I met him.

Q. What did you go to Blake's for?

Fisher. With a design to rob the house, when my mother was gone out. I went to Paris's lodgings and saw the three suits of clothes. I saw him the same day.

Q. Were any carried to Siday's lodgings?

Fisher. No, all to Paris's.

Q. What business are you?

Fisher. Siday and I are printer s; I don't know what trade Paris is.

Q. Where were the false keys got?

Fisher. From Paris's lodgings.

Q. from the Jury. Whose proposal was it to rob your mother's house?

Fisher. It was my proposal to rob the lodger; we did not intend to rob my mother.

Q. Did you see Siday bring any thing out?

Fisher. No.

For Paris.

Thomas Ravenscrest . I have known William Paris thirteen years; he was apprentice to my father, a gold and silver wire drawer; he has been out of his apprenticeship six or seven years; our business went off, and I was told he followed the watch business. I have met him several times I never heard any harm of him.

Q. Do you know where he lived during that time?

Revenscroft. No.

Elizabeth Hall . I live in Bridge Water Garden; my husband is a joint watch-case maker; Paris has worked for us; he did our work and brought it back safe.

Q. How long has he left your work?

Hall. Eight months; he was always diligent and honest.

William Farnworth . I am a copper-plate printer; I have known him between two and three years; he is a very well behaved young man, he bore a general good character, and was particularly sober.

Thomas Copel . I am a leather cutter in Golden Lane; I have known him about four years. I never heard any thing of him but what was becoming.

Robert Bench . I have known him about a year and a half, and never heard any imputation upon him before this.

Elizabeth Jackson . I live in Bridge Water Square; my husband is a watch-case-maker; he worked for my husband; he is a very industrious man; I had a very good opinion of him. I would employ him again.

Q. How long is it since he worked for you?

Jackson. Five or six months.

For Siday's Character.

John King . I was acquainted with Siday where I served my time, five or six years ago; he was a very good sort of a man at that time, I can't say any thing since.

Both Guilty . Death .

417, 418. (M.) RICHARD SHARPLESS and WILLIAM SAUNDERS were indicted for that they on the king's high way, on James Fitzpatrick , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person six pieces of forest cloth, value 20 s. four pieces of scarlet cloth, value 20 s. four pieces of silk stocking, value 20 s. and twelve pieces of linen cloth, value 20 s. the property of the said James , April 28 . *

Both acquitted .

419. (1st. M.) JOSEPH LILLEY was indicted for stealing twelve live geese, value 4 s. the property of William Howard , Oct. 7th. +

Acquitted .

420, 421. (1st. M.) JOHN ADSHEAD and BENJAMIN ALSWORTH were indicted for breaking and entering the dwelling house of Mary Bellamy , widow , on the 18th of May , about the hour of one in the night, and stealing a gauze sack and petticoat with silk and gold flowers, value 5 l. three silk sacks and petticoats, value 10 l. one silk night gown, value 40 s. one brocaded silk night gown, value 5 l. four yards of flowered muslin, value 10 s. one chased gold outside watch case, value 4 l. one base mettal etwee case, 2 s. a gilt base mettal spunge box, value 1 s. ten iron keys, value 2 s. and one silk houswif, value 1 s. the property of the said Mary Bellamy , four silk sacks and petticoats, value 10 l. and one silk night gown, value 20 s. the property of Ann Bellamy , spinster, in the dwelling house of Mary Bellamy , widow.

2 d. Count. for stealing the said goods in the dwelling house. +

Mrs. Mary Bellamy . I live in Newman Street, in the Parish of Marybone ; I was in the country; I was informed by my daughter and another lady that my house was broke open; on the Tuesday I came home, and on the Friday the house was locked up, and no one left in it whilst I was in the country; I came to town about two o'clock; I went up one pair of stairs into the back room; my bureau was broke open, but nothing was taken out of it; when I came down I found two great holes cut in the back parlour door; there were double doors, one was bolted, the other locked; the back kitchen door had one or two holes in it; the holes were made at the top and bottom, I suppose to enable them to undo the bolts; I went up to the two pair of stairs in the front room; I missed my wearing apparel out of a chest that was not locked; I lost eight sacks and five gowns; (repeats the things mentioned in the indictment) some were my daughter's; about half after four in the afternoon I came to town. I saw the clothes at Justice Cox's.

Q. How long had you been out of town?

Bellamy. A week; I intended to return in about a month.

Arabella Knight servant to Mrs. Bellamy produced the cloaths which she had delivered to her at the justice's, which she deposed were in the same condition now as when they were delivered to her.

Miss Ann Bellamy . I live with my mother in Newman Street; I was at a lady's house opposite my mamma's whilst my mother was out of town. I was informed on Tuesday the 19th of May, that my mother's house had been broke open; I went immediately to the house and missed a great quantity of clothes; the back kitchen door (which is the back door of the house) was open; there were two holes broke large enough to put a man's hand in; the holes were made just over the bolts, that was the back door of the house. There was in the back room a bureau and a clothes press broke open, but nothing was taken out; in the two pair of stairs front room all the things were taken out of the chest. These are the things that are produced; I lost four negligees and sacks and a night gown. I went directly to Mr. Cox's where I saw two bundles, one was opened, which I found contained several things of my mother's and mine; th e other bundle was not opened. I went down to my mother in the country; she was about four miles from home; she came up the Friday following.

Arabella Knight . I am servant to Mrs. Bellamy; my mistress went out of town on the 11th of May in the afternoon, I went with her; I fastened the fore part of the house from top to bottom, the windows and doors, and double locked the front door when I came out; I left the door of the two pair of stairs room forwards unlocked, but the windows were fast; there was a chest in that room unlocked. I came to town on Friday with my mistress, and found the house had been broke open; the back area door and the parlour had two holes in them. I know these clothes to be my mistress's; they were in a chest in the two pair of stairs room when we went into the country.

Robert Barnhill . I am servant to Mrs. Bellamy; I went out of town with my mistress on Monday the 11th of May, at four in the afternoon. I bolted both the bolts of the back area door, and double-bolted the back parlour door; when we came to town again, I found the area door had been broke open; there were two holes made in the door, one at the top and the other at the bottom.

Q. Which side of the street is the house as you go from Oxford Road?

Barnhill. The right hand; it is next door to a gateway, so they must get over the wall into the garden, to come to the back of the house; the back parlour door was left shut, but two holes were cut in it.

William Bannister . I am a watchman in Pancras Parish; on Tuesday morning, the 19th of May, I saw the prisoners about a quarter after four come out of Windmill-street, Tottenham-court road, each of them had a bundle on his back; they crossed down on the left hand side towards Russel-street; Henry Green, a brother watchman, and I pursued them; we thought it was bedding, one was tied up in a blanket, the other in a coverlid; when we came to Russel-street corner, Emmington, a watchman of St. Giles's, was smoaking his pipe, I beckoned to him and he came up; I thought before we were not sufficient to seize them; Emmerton came up and we seized Alsworth at the corner of Russel-street; Adshead upon that threw down his bundle and ran up Russel-street, another watchman of St. Giles's pursued him, and he was stopt; we took Alsworth away to Giles's round-house; Adshead was brought in soon afterwards. Leadbetter searched Alsworth before Adshead came in; I don't know what he took out of his pocket, we opened the bundle in the public house; they were both secured then. The bundles contained all these cloaths and many more; we carried the clothes to Justice Cox's, and from thence we took them to the Justices Office in Litchfield-street. When we first stopt them and asked them what they had got there; Alsworth said, what is that to you? we asked them where they were going with them? they said they were their own property, and it was hard they should be stopt, that they were going to remove them to prevent their being seized.

Q. from Alsworth. Whether I did not say that if you would go along with me you should see where I lived?

Bannister. No; we insisted upon seeing what he had got before he went any further.

Henry Green . About a quarter after four o'clock, on the 19th of May, I saw two men coming up Windmill Street with a bundle upon each of their backs; I said to Bannister, here are two men moving their lodgings and carrying their beds away; he said we will see where they are going; they went down the road on the left hand side, till they came to the bottom of Russel-street; then Bannister went along side of them and hailed another watchman; they stopt them; I was behind; as soon as they had stopt Alsworth, Adshead run into St. Giles's buildings where he was stopt; I ran after him, and cried stop thief; I saw him go down Diot-street. Bannister and Emmington took Alsworth to the round house; I took the bundles to a public house, from whence we went with them to Mr. Cox's; we looked at them there, and then tied them up again; these are the things that were in the bundles.

Q. Did you hear either of them say any thing upon being stopt?

Green. I was not near enough to hear any thing. Benjamin Alsworth confessed that morning before the justice, that they came from the house in Newman-street, on the left hand of the gateway going through.

William Emmington . I am a watchman; about a quarter after four the 19th of May, I saw the two prisoners coming down Tottenham-court-road; I called my partner John Oldham to come to my assistance; I was standing near the Duke's-head, four or five doors this side of Russel-street, smoking my pipe; I told Oldham I thought it was some bedding coming down the road; he said step on and attack them, and I will be with you. Bannister made a sort of a signal to me to stop them; I had called to Oldham to stop them before he made that sign; I saw them at the distance of 200 yards before they came up. I stopt Adshead, and said, my friend, what have you got here? he immediately threw it down and ran away; I turned short round and caught Alsworth by the collar, and kept him fast till Bannister came to my assistance, and we took him to the round house; while we were examining his pockets, Adshead was brought in by Oldham and one Mitchell. Justice Cox heard of it, and he sent for us to his office; I saw the goods opened at the Duke's-head. These are some of the things.

Q. from Alsworth. Whether I did not ask you to go with me, and I would shew you where I was going with the things?

Emmington. I did not hear any such thing.

Alsworth. What did I say?

Emmington. He said he found them.

John Leadbetter . I searched both the prisoners a little after four o'clock in the round-house; I found these things upon Alsworth I think, I can't be sure in my hurry, I found them upon one or other of them (producing a gold watch case and an etwee case;) I found this center bit upon Alsworth; it is to bore holes with; that center bit directly fits the hole that is made in Mrs. Bellamy's doors.

Q. from Alsworth. Did you search us within side of the watch-house or without side?

Leadbetter. Within side.

Alsworth. Pray, my lord, ask some of the other witnesses that question.

Bannister again. He first insisted on searching him at the outside of the door; he pulled out some things before he went in and some more things afterwards.

Q. Did he search him in the inside or outside of the round-house?

Bannister. He began to search him on the outside, but searched him in the inside: Emmington held the hat inside the watch house, and Leadbetter put them into his hat as he took them out of his pocket.

Q. to Emmington. Was he within side or without side?

Bannister. I believe he attacked him outside the round-house, and it was put into my hat.

John Oldham . I am a watchman; I was off duty and was gone home in order to go to bed. I opened the window and I saw these men coming down the road; this man said John, here is some bedding coming down the road, I said if you will step to the corner (I live about two doors from the corner) and I will be with you in a minute; I came down as soon as I could; Adshead had thrown his bundle down; and was running; I pursued him into Diot-street, and called, stop thief! at last we came down opposite the Turk's-head, and in Charlotte-street the man secured him, and I went up and brought him back to where he threw the bundle down.

Q. Did you lose sight of him?

Oldham. Yes, turning the corner till the man stopt him. I am sure he is the same man; then he was searched inside the round-house, and the things taken from him by Leadbetter. I was not present when Alsworth was searched.

Alsworth's Defence.

I was a going up the street where the gentlewoman lives; I don't know the name of the street; two people came out of the fore door of the house, with a bundle; one stood on the other side of the way; I stopped, when they got the things they went through the passage that went up stairs and led me to a chapel; I and Adshead followed them; with that they put down their bundles, and stood some time; I said to Adshead, stand a little aside, for I believe they have stole these things; we did; they whispered one another; then they went away forty yards from these bundles; I believe we went up and looked at the bundles. I said where Mrs. Bellamy lived before Justice Cox, that the things might be found; I said we would carry them home; we took them on our backs; some things tumbled out of the bundles, Adshead put some of the things in his pocket, and I put some in mine; they are the things that have been produced in court. When we came down Tottenham-court-road that man laid hold of me; he asked me where I was going with the bundles; I said if he chose it he might go and see where I was going with them. Bannister watched me from the place till they stopt me.

Q. to Bannister. Did you see them pick the bundles up?

Bannister. No; I saw them upon their backs.

Adshead. I acknowledge myself guilty of the charge, and beg the mercy of the court; it is my first offence, and I am a young man.

Both Guilty . Death .

There were two other indictments against them for burglary.

422. (1st. M.) FRANCIS MASCADO, otherwise JOSEPH CAR, otherwise JOSEPH DA SILVA, otherwise JOSEPH PERRIRA was indicted for stealing a silver tankard, value 8 l. the property of William Simpson , in his dwelling house . April 18th . *

William Simpson . I had known the prisoner about a fortnight before the 18th of April; I keep a publick house in St. Martin's-lane ; he came into my house on the 18th of April, and ordered some beef-steaks and mutton-chops for two gentlemen; the gentlemen did not come; he said he was surprised the gentlemen did not came, and desired to have a nice clean tankard of beer; He desired very particularly to have a clean tankard and I brought it. He was dressed like an officer in scarlet and gold; he had a star on one breast and a diamond cross upon the other.

Q. Did he go by any name at your house?

Simpson. He said to my servant his name was Da Silva, and said he was a captain; after he had eat plentifully, he asked me to drink; I did; then he asked several gentlemen to drink, they refused, but being desired several times they did at last. After that I went out in the tap-room, and while I was absent he called in the bar, and paid his reckoning and went away. I missed the tankard; Mr. Walpole, a pawnbroker brought it to Sir John Fieldings after he had given information: he pawned it for five guineas; we found the duplicate in his lodgings.

Q. What was the value of the tankard?

Simpson. About eight pounds.

Charles Chamberlain . I was at Mr. Simpson's on the 18th of April; I went into the parlour, and called for a pint of beer, and a beef steak for supper; soon after the prisoner came in and asked what the landlord had for supper; he said he had beef steaks and mutton chops; he desired to have both got ready, and to have a nice clean tankard of beer; he had a bundle under his arm when he came in; he went out and returned in about a quarter of an hour without it.

Q. How was he dressed?

Chamberlain. I never saw him before, that I cannot particularly say; he had a surtout coat on, what was under it I cannot particularly say.

Q. Are you sure that is the man?

Chamberlain. I can swear to him; when he came in again I was eating my supper; he sat down; his friends never came; he eat all himself. About ten minutes after that he put the tankard to the landlord to drink; then he wanted us to drink, we refused; but by importuning my friend he drank, and he asking me several times, I drank once; I never went out of the room; but our pint of beer was not out before the tankard was out; the prisoner took it, and said, me will go out and me will have fresh and fresh, and went out with the tankard; when he had been gone five or six minutes, I said, where is the captain? (the landlord had told us he was a captain) they said let us go out and see; we called the landlord in; I asked where the captain was, he said he did not know; I said the tankard was gone. We went to Sir John Fielding 's, the office was shut; we went to several pawnbrokers; and in Wych-street we described the prisoner; we found he had been there; but they would not take it in. We went about to the pawnbrokers, but could not find it; on Monday there was an advertisement that the tankard was at Sir John Fielding 's. It was found at Mr. Walpole's, pawnbroker's, in Whitechapel.

Q. from the prisoner. What clothes had I on?

Chamberlain. I cannot say to your clothes; I know your person.

Q. from the prisoner. Did you see me take the tankard?

Chamberlain; Yes; I did.

Richard Walpole . I am a pawnbroker, in Whitechapel; on Saturday night the 18th of April, the prisoner brought this tankard to me to pawn (produced and deposed to by the prosecutor) he asked me to let him have five guineas; I weighted it and let him have the five guineas on it; I asked if it was his own, he said it was.

Q. What dress had he?

Walpole. He had a great coat on buttoned up, he said his name was George Waters ; I gave him a duplicate in that name.

- Savage. I live at the Seven Dials; the prisoner lodged at my house, from the 7th of December; he lodged with me four or five-months; when this happened he had not lain there for two or three weeks, but only came now and then; he had not discharged his lodging.

Q. Do you remember any search being made at his lodging?

Savage. Yes; the Monday after the tankard was lost. I saw Mr. Heley take several papers out of a drawer.

John Heley . I searched the prisoner's lodging; I found a duplicate of the tankard pawned at Mr. Walpole's for five guineas, the 18th of April; the duplicate produced and read.

Prisoner's Defence.

I never did pawn the tankard: call my landlady to my character.

For the Prisoner.

Savage. The prisoner lodged at my house; he was very honest, very sober, and very quiet; he paid me very honestly. He said he was a gentleman's son.

Q. Then he was dressed pretty handsome sometimes?

Savage. Yes; in scarlet and gold.

Guilty . Death .

423. (1st. M.) EDWARD JONES was indicted for that he on the king's highway, on James Rose , did make an assault putting him in corporal fear and danger of his life, and stealing from his person a silver watch, value 40 s. a half guinea and 4 s. in money numbered, the property of the said James , May 23 . ++

James Rose . I am a coachman ; I was returning from London with a woman on the 23d of May, about half after nine in the evening; between mother Redcap's and Kentish Town , I was met by the prisoner and another man; they came up one on each side of me; the prisoner on my left side and Burton the witness on my right; Burton presented a pistol and demanded my money, and threatened to shoot me; I caught him by the collar, he jumped into the midst of the road, brandished his pistol, and threatened to shoot me if I did not give him my money; I did then; Jones bid me good night, and we parted. It was a darkish night, there were no lamps, nor any thing to assist me in finding the person or dress of the witness or the prisoner. I distinguished that the prisoner had chocolate coloured cloaths on; I took particular notice of the faces of the two men; I made some difficulty about delivering my money, which took up some time. I saw the prisoner about four days after at Sir John Fielding 's; I knew him directly; I did not so well know Burton; I am confident however as to him, my watch was produced at the justice's.

Sarah Bradley . I was with Mr. Rose; I was attacked by two foot-pads; one came on one side, one on the other; one demanded my money; Rose kept them in talk some time; he did not care to deliver his money, at last he did deliver it, and they got his watch. I did not see accurately what passed; I understood Rose had lost his money and watch. I am sure the prisoner is one of them. On the Wednesday following I saw him at Sir John Fielding 's and am sure he is the man; I know him by his clothes, and also by his face. I did know Burton too, I remember Burton had a pistol.

Burton. The prisoner and I are fellow-apprentice s to an arts-master in Bridewell; we had run away a fortnight. Jones and I stopped the prosecutor; we desired him to give us his money; he collared me; I still insisted on having his money; but the gentlewoman along with him desired we would not take away any thing from him as he was a hard working man. The prosecutor turned back again; I saw his watch and took it from him, and insisted on having his money: he gave his money into Jones's hand, but Jones did not ask for it. We went away together, and spent the money between us; we were taken up and carried to Bridewell next night for having run away from our master, and the watch was found in the place next day. I was admitted an evidence and mentioned the circumstance of the watch.

- Standard. I am the beadle; I was sent from Sir John Fielding 's to search the room in which the prisoners were cofined, to see if I could find the watch; I found it in that room; (the watch produced and deposed to by the prosecutor.)

Prisoner's Defence.

I am but eighteen years old. I had not the watch about me; I did not know the other lad had the watch.

The prisoner called his master, who said he had served four years of his apprenticeship, is a proficient in his business, a good workman for the time he had served, and very capable of getting his livelihood; that he behaved well in respect to his conduct in his business, and he had no reason to suspect his honestly.

Guilty. Death . Recommended .

424. (1st. M.) THOMAS ROOKE was indicted for stealing a silk waistcoat, value 8 s. and a pair of stocking breeches, value 2 s. the property of James Hanley , May 12th . ++

James Hanley . I am a publican in New Bond Street ; the prisoner came to lodge at my house about the 12th of May; he staid about a fortnight, then he went away; the day after he was gone I missed the things mentioned in the indictment. I took up the prisoner three or four days afterwards; I found by his own account he had taken the waistcoat and some other articles which he had sold; he told me he had sold the waistcoat to a Mr. Morgan in Monmouth-street; I went to Mr. Morgan's and found it there.

- Morgan deposed that he bought the waistcoat of the prisoner (produced and deposed to by the prosecutor.)

The prisoner said, in his defence, that he took the waistcoat as his own by mistake.

Guilty. 10 d. T .

425, 426, 427. (L.) WILLIAM BARRETT , WILLIAM CHERRY , and JAMES SMITH, otherwise BARBER , were indicted for commiting a rape on the body of Ann the Wife of Richard Smith , Jan. 16th . +

Ann Smith . I am wife of Richard Smith , who lives at No. 47. Old Bethlem. On the 16th of January last, my brother, whose name is Sherrard, and I took a coach at Temple Bar , at about ten o'clock at night; the coachman was not with the coach; my brother went to call him out of the public house; he came out and said he was hired by some gentlemen in the house; my brother did not believe him, he said he would call the company out of the house; upon which some men came out of the public house; there were eight, to speak within compass; three of them jumped into the coach to me; my brother called the watch; the coachman got upon the box, and drove very furiously; the men in the coach threw down directly on the bottom of the coach; then they pulled me up again, some by my hands and others by my feet. I soon fainted by their pulling me about; then they got me up on the seat. When I came to myself, I found one of them standing by my side, one sitting opposite me, and the other was doing with me as my husband did.

Q. Do you know which that was?

Smith. No; two of them had to do with me, or else one of them twice, I can't tell which.

Q. Where his private parts in yours?

Smith. Yes; I took hold of it with my hand; I screamed, and one of them said he would cut my throat if I was not quiet; I was in such confusion I can't tell which; they cut my apron string.

Q. Did you perceive any thing come from the man that was using you so?

Smith. I did.

Q. Had he actual carnal knowledge of you?

Smith. He had indeed. I put my head out of the window as soon as I could, and cried out murder! the men kept hollowing and hooting inside and outside the coach; a brother of one in the coach was upon the box with the coachman, and there were some more behind the coach; they kept pulling me into the coach; I did not know where I was; I believe the coachman did not drive up the main street. They hauled me up and down, and pulled me about as they chose. I did not know whether they were men or boys; I said if you have fathers or mothers or wives, if you are men, have humanity towards me, for I have just lain in; they said they would lye in with me; they kept cursing, swearing and hallowing; they made no particular answer to any thing.

Q. You say you was lain with twice: when was the second time?

Smith. Some time after the first.

Q. And in the same manner?

Smith. It was not quite so plain; I found they had hold of me, and had lain with me, but I cannot be so punctual to that as the other. I am a married woman; I am sure of it from circumstances.

Q. Had they entered your body?

Smith. I am sure they had the first time, and I had reason to believe they had the second time; the coach was stopt at Aldgate at twelve o'clock by the mob upon my screaming, where they had drove me during that time I can't say; a person came up to the coach; they told him. I was a woman of the town and was in liquor; there was a clergyman asked me where I lived, I told him; he ordered the coachman to drive me home. The men jumped out of the coach window, and a man came into the coach to see me home; I was afraid that man was as bad as themselves. The coachman was taken into custody; he gave us the names of the men and told us where we might find them, and they were accordingly taken that night.

Q. Are these the three men?

Smith. They owned they were before my Lord Mayor, and confessed all but the fact.

Q. Can you swear these are the three men that were in the coach?

Smith. I can't tell, it was dark; they owned they were.

On her cross examination, she said,

"that her husband had kept a public house, but was now out of employment; that she had been married three years; that she had been informed her husband was an officer of the marshall's court, before her marriage; that she spent the evening of the 16th of January with her brother, at the Golden Cross, Charing Cross, where they supped, and had a bowl of punch with Mr. Hargrave, one of the proprietors of the stage coaches; that they took the coach about half after ten; that she was quite sober; that her brother put her into the coach, and was himself getting in when the coachman came out of the house; that they did not desire her to get out of the coach, but rushed in immediately; that her brother wanted her to get out of the coach, but they would not let her."

" Samuel Sherrard deposed, that he went with his sister to see a house in Mercer-street; that after he had done his business, he went to spend the evening with Mr. Hargrave, at the Golden Cross; that in their return, he saw a coach on the stand at Temple Bar; that he helped his sister into the coach; that the coachman came out of a public house; that he told the coachman to drive them to Old Bethlem; upon which he said he was hired by some gentlemen in the house, whereupon about nine men came out; that from their appearance he did not believe they had hired the coach, and therefore insisted on being drove to Old Bethlem, and as he was about to get into the coach two or three of them rushed in, that he seized one by the collar, and called the watch; that the coachman drove off immediately in a very furious manner, and that one of the men got upon the box with the coachman, and another behind the coach; that he ran after the coach, but could not overtake it; that he ran to his brother's lodgings; he was not at home. That some time after he heard the coachman was in custody at the watch-house; that he went there, and there were his sister, her husband, the coachman, and one Coleman that was present when the coach was stopt; that the coachman directed them to the Magpie in Bishopsgate-street, where they went and found the prisoners. And that he was positive Cherry was one that rushed into the coach.

" Michael Coleman deposed, that coming by Aldgate, he heard from a coach, a cry of Murder! that the coach was going as fast as possible; that the watchman and some others stopt it; upon which some men jumped out of the coach, and one off the box and ran away. That he went round the coach, to the door they got out at, which was open, and saw the prosecutrix in the coach, who told him that the men that had jumped out, had used her ill, and that the coachman knew them; that she said, she lived in Old Bethlem; that a clergyman came by who lives in the country, who took the number of the coach, which was 573, and left his direction with them, but that he was now out of town; that the coachman had let the step down, and that Barrat came up and said, d - n her eyes a b - h, pull her out; that he went into the coach to accompany the prosecutrix home; that the coachman drove with the door open down Hounsditch, as fast as the horses could go; that as they were going by the Magpie, they met the prosecutrix's husband; that the coachman was taken into custody, and gave them the names of the prisoners, and a direction where to find them; and also that Barrat and Cherry acknowledged that they were in the coach."

" Elizabeth Swetman deposed, that she lives with her cousin, who keeps the house where the prosecutrix lodged; that she was employed to nurse her, she being very ill, and having been afflicted with fits at times ever since, and had Mr. Saffory the surgeon to attend her; she produced a sattin cloak almost new, which was very much torn, and an apron with several cuts in it, which the prosecutrix deposed she were at the time, and which were torn by the prisoners."

Prosecutrix. One of them pulled out a knife when they swore they would cut my throat; another said, don't kill her nor cut her clothes.

Barrett's Defence.

The other two prisoners, and Cherry's father and mother, and myself, had been to the play; we hired a coach at the corner of Catharine-street; we stopt at Temple Bar and went into a publick house to drink; the coachman came into the house, and told us, that a man and woman had got into our coach: we went and told them that we had taken the coach; Sherrard swore we should not have it, for he would not get out; I opened the coach door and said. if you will get out by fair means do; he jumped out and called the watch; Mrs. Smith wanted to get out of the coach, but he would not let her; we got into the coach and the coachman drove off. She would not get out; she d - n'd her eyes, and said, she would go where we went; she looked out of the coach door, and said, d - n your eyes drive on; she sung a song in the coach of the huntsman, all the way to Aldgate, and we all bore chorus; there were five besides her in the coach; we were not nine minutes in the coach going from Temple Bar to Aldgate; we stopt there a few minutes. She began to hallow out again; a man got into the coach, and rode down Houndsditch with her. We none of us did her any injury; she went to Cherry's mother in-law and offered to make it up for 20 l.

Cherry's Defence.

What Barratt has said is true; when we got into the coach, she called us four bloody thiever, and said she would crap us all; I did not know the meaning of the word then.

Smith's alias Barber's Defence.

I never offended her, nor did I see any body else; she sung all the way and was very agreeable.

The prisoners called Mary Randall , who deposed that she was at the house of Cherry's father, about ten o'clock one night, when the prosecutrix came there and offered to make up the matter for 20 l.

Bernard Price , who had known Cherry and Smith some time, and gave them a good character, said he had never heard any harm of Barret, but did not know so much of him as of the other two. Henry Waterman , who had known Cherry three years, and - Morris fourteen years, both gave him a good character; Morris also deposed, that he had known Barrat about the same time, and Smith about five years, and had never heard any harm of them; and Lawrence Ross deposed, that he was with the prisoners when they took the coach, but left them when they stopt at Temple Bar; he also said, that he was at Cherry's when the prosecutrix came there; that Mrs. Cherry said she would give any thing in her power to make it up; that the prosecutrix said, the damage she had received would cost 20 l. that she would make it up if they could raise that; if not, she would prosecute them with the utmost rigour; that it was some time in March, and at dinner time. - Allen said that at the time he saw Mrs. Smith at Cherry's, Price was not present. William Boyd deposed, that Cherry's mother having been at the prosecutrix's, the prosecutrix desired the witness to accompany her to Cherry's; that the prisoner Cherry was present, and told the prosecutrix that he was much obliged to her for prosecuting them, for an assault only; and also deposed that there was no conversation about money. Cherry's father deposed that the prosecutrix asked 20 l. to compromise it; that he told her he was not worth twenty farthings, and that he could not tell what day it was.

All three acquitted .

428, 429, 430. (1st. M.) THOMAS ADAMS , EDWARD JONES and FRANCES PALMER , spinster, were indicted, the two first for that they on the king's highway, on Abigail Harper , did make an assault, putting her in corporal fear and danger of her life, and stealing from her person a watch, the inside case metal, the outside covered with black shagreen, value 40 s. one black mode cloak trimmed with love, value 10 s. and one linen cap, value 1 s. the property of the said Abigail ; and the other for receiving the black mode cloak, well knowing it to have been stolen , May 16th . +

Hannah Sherman . I went with my mistress, Mrs. Abigail Harper , to Chelsea, on the 19th of May, and staid there till after nine o'clock; being a moon-light night she chose to walk home; she lives in Great Rider-street, St. James's. She is a single woman; and does not follow any business. Coming about thirty yards of this side the houses, opposite the first five fields of Chelsea , we were stopped by three footpads, Adams was one of them; he held a pistol to my head, and one put a pistol to my mistress's head, and said, your money, your money, madam! or I will blow out your brains.

Q Did both say that?

Sherman. Yes.

Q. Did you see which put the pistol to your head?

Sherman. Yes; it was a fine moon-light night; I said, gentlemen, we have got no money; he said if you have no money, you have something else: they then began to riffle my mistress's pocket, and took her watch; a third came up and untied her cloak, and made off towards Chelsea; it was a black mode cloak trimmed with love. My mistress is very ill and cannot attend.

Q. Did they take any thing from you?

Sherman. No; he had a cocked hat on; I believe the same cloaths; I took particular notice of his person. I saw the watch and cloak at Justice Fielding's (the things produced by William Howard , and deposed to by Sherman to be the property of her mistress.)

Cross Examination.

Q. It was about nine at night; consider one man may be like another; are you sure he is the man?

Sherman. I could swear to him among a thousand.

Jacob Laurence . I am a pawnbroker; Jones brought these things to my shop, on the 18th of May, in the middle of the day; one of my lads came and told me of it; I asked him whose it was; he said, his own; that his name was Andrews, and he was a journeyman jeweller in St. James's Street; he said he had had it some time; I lent him 18 s. on it. I saw the watch advertised in the paper, No. 3333, being a remarkable number; I went to Sir John Fieldings , the third time I went, Jones was there, and I knew him to be the same person.

Peter Senhouse . After these men were taken, I went to search Elizabeth Siday 's room, and I found this watch chain there; (the chain produced and deposed to by Sherman.)

Q. Where was Siday's room?

Senhouse. In Holborn-court, Charlotte-street.

Elizabeth Siday . I live in Holborn-court, Charlotte-street; last Sunday night was fortnight, the 17th May, Adams, Waters, and Burton came to my room, and Waters asked if I had any thing to eat; (Adams and Burton were strangers to me; Waters brought some clothes) I told him I had some ribs of lamb, and set it on the table, and they had two pots of beer; Adams was sitting by the fire place; he took this chain out of his waistcoat pocket; then they were talking concerning a robbery they had done; but Adams said he had rather rob a man then a woman, for they were hard to rob; said he two of them ran away, but I was determined to have something, so I snatched her cloak off, and her cap came off with it.

Q. What are you?

Siday. I take in washing and any thing.

Court. Yes; three thieves and treat them with ribs of lamb.

Q. Was this chain left with you?

Siday. Yes; this gentleman took it out of my room.

William Howard . I was at Sir John's; I went to apprehend Frances Palmer ; I took this cloak from her back. She was apprehended at the Black Horse, Charing Cross; she said it was given to her by a young fellow that lay with her; she said she did not know his name; he was quite a stranger to her.

Frances Palmer . It was given to me by a young man.

Richard Burton . Adams, Jones, and I were going up towards the Five Fields, Chelsea, on a Saturday night, three weeks ago; we met two gentlewomen in the way and stopped them; we desired them to give us their money, they said they had no money.

Q Had you any pistols?

Burton. One, Adams had it; we took the watch and cloak away from them; Jones took the watch and Adams the cloak.

Q. Do you know Siday?

Burton. No.

Q. Do you know whether any of you held a pistol to the head of these people.

Burton. No; I looked another way to see if any body was coming.

Q. Were there two pistols?

Burton. No.

Q. to Sherman. Were there two pistols?

Sherman. I believe there was, it might be but one; but there was a pistol put to both our heads.

Q. Where did you go from?

Sherman. From a publick house in Broad St. Giles's; I don't know what street; it was just by the pound.

Adam's Defence.

Burton came and asked me to go with him to the fields; as soon as we got to the fields we met two women; Burton drawed back, took out a pistol, and claped it to the gentlewoman's head. I did not know what he was about, he ordered me to stop.

For Adams.

James Abrahams . I live in Duke's Street, Bloomsbury; I am a stay-maker, I have known him from a child; he went to the King's Arms inn, at Linster, when a little boy to be a waiter.

Q. Have you known him at London?

Abrahams. Only as he has called two or three times at my house.

George Kirkham . I am a glover in Oxford Road; I have known from a child; he bears a good character in the country.

William Burtoff . I have known him about seven months; he lived at Dobney's Gardens, near Islington; I have heard there that he bears a good character.

Thomas Fenton . I am a carver and gilder, and live at No. 52, in the Strand; Adams came to me as an under clerk the 8th of November, 1771. Mr. Burtoff gave him a character; he was with me till the 18th of January; he is a sober, honest young fellow; he was entrusted to receive and pay money for me; I always found him honest, sober and industrious, while he lived with me.

Q. How came he to leave your service?

Fenton. I sent him about some business, not returning so soon as he might have done, we had a few words, and I turned him away directly.

Elizabeth Harper . I live on Clerkenwell Green; my husband is a buckle-maker; I have known him ever since he came to London; he has been in London above a twelve month; I never knew any thing amiss of him.

William Hudson . I live at No. 195, Holborn; I have known him from a child; I never saw him before since he came to London.

- Fenton. He worked for one of my men a fortnight or three weeks after he left my service.

For Jones.

William Wilby . I live in Bridewell Hospital: Jones is my apprentice; he had always behaved very well with me; he has served about four years of his time; he left my service about last Sunday three weeks.

Q. Did you give up his indentures?

Wilby. No, he absconded; I did not see him till he was taken up.

ADAMS, Guilty . Death .

JONES, Guilty . Death .

PALMER, Acquitted .

431, 432, 433. (1st. M.) NATHANIEL CAIN , ELIZABETH SPUR , spinster , and JEREMIAH WELLS were indicted the first for stealing a deal box, a black silk cloak, two pieces of printed linen, three aprons, four shifts, one muslin handkerchief, a napkin, a pillow bier, three pair of shift sleeves, one stock, one night cap, a silk apron with black lace, three odd ruffles, a yard of stuff, a pair of stays, a petticoat, two caps, three other napkins, a pillow case, three old ruffles, one counterpane, two towels, one coloured shift, one other petticoat, three napkins, three other aprons, three towels, one white linen gown, one check apron, one red and white linen gown, and one other linen gown , the property of Edward Wotton . Elizabeth Spurr for receiving one white sattin cloak, a black silk cloak and two pieces of printed linen, three aprons, four shifts, one muslin handkerchief, one napkin, one pillow-bier, three pair of shift sleeves, one stock, and one napkin, parcel of the above goods; and Jeremiah Wells for receiving one pair of stays, one petticoat, one silk apron with black lace, two caps, three napkins, one pillow case, three odd ruffles, one counterpane, five towels, one shift, one other petticoat, and one coloured apron, other parcel of the said goods, well knowing them to have been stolen , April 18th . *

Edward Wotton . I lived servant with lord Beauchamp, but am now serjeant in the militia; I was going to Uxbridge to join the regiment; I went in a returned post chaise; I left my box with Humphry Rivers , to be sent next day to Uxbridge, by the waggon or coach; they never came to Uxbridge; I have heard of some of them since; there was a 20 l. bank note in the box which I have never seen since.

Humphry Rivers . Mr. Wotton left a box with me the Friday before Easter Sunday; I fetched it the Saturday and carried it to the King's Arms, Oxford Road; it was to go by the coach to the King's Arms, Uxbridge; the coach was so heavy loaded they could not take it; I gave it to a waggoner to put into the waggon; he gave me the name of William Pickering , and he said he should be at Uxbridge that night; that man is Nathaniel Cain the prisoner; I am certain he is the man.

- Wotton. I am wife to the prosecutor; I packed the things up in the box; there was all my wearing apparel (repeating the things mentioned in the indictment, which were produced and deposed to by the prosecutrix;) these we have found; there are a great many more lost.

Henry Wright . I found these things that have been produced, at the house of one Joseph Everet , in t he Ambury. I belong to Tothil-fields Bridewell. Everet came to me on Easter Eve, and desired me to go with him; I did. We went up one pair of stairs and several women were there. I saw these two cardinals in particular on the bed. The prisoner Spur was there; the other two were gone. I desired him to take care of them.

William Howard . I was at the apprehending of Wells in Ship-yard, Temple Bar; on Wednesday in the Easter week: he was accused with having some part of Mr. Wotton's things. I asked him where they were? he said, if I would go with him to Sir John Fielding 's he would tell where they were; Mr. Wotton went with me. He went to a field about half a mile from Tottenham-court-road, and shewed me where they were covered over with a little loose earth; he said Cain gave them to him for his wife.

Joseph Everet . The cloaks and some other things were brought up by three soldiers and some other men into Elizabeth Spur 's room, unknown to her. I ran up to my wife, and told her these men were in the room; they burst out, and ran away, and I found these things in the room; she came up soon after and did not know what to do with them; I went to Mr. Wright, he came and set them down on a piece of paper, and bid me take care of them.

Q. Do you know who the three soldiers are?

Everet. No; I never saw them before in my life.

Elizabeth Wells . I was at the Nag's Head in Tothill Street, last Easter; Hawkins, Cain and Wells came in; they asked me to pawn the aprons for them; which I did; then they asked me if I could tell them of any room to set these things in; there was Esther Paters in the house; I asked her to let them go up into her room to see what they had got; I shewed Wells and Cain the way up; they had two bundles; I did not see what was in them. I pawned a white gown for them for 7 s. and gave them the money when I returned. I saw a great many things upon the bed; they gave me a shift and apron for Esther Peters ; the soldiers ran away.

Eben. Stokes . I am a pawnbroker; I took in these things from Eliz. Wells (producing them.)

Wells. They are some of the things given me to pawn.

Henry Steel . I am a pawnbroker; (produces a gown and an apron) I had the gown of Spur and the apron of Wells, the 18th of April, about eight in the evening.

George Spooner . I am sixteen years old; I am apprentice to Jortan, pawnbroker in Chiswell-street; I took in this gown of Eliz. Spurr.

Well's Defence.

Cain brought the box into the barracks; I was there three hours before I knew it; he called Jerry, and said, can you let your wife pawn something for me? she said, no Cain, I cannot; but if I can, I will get somebody that will; he said he had a shirt to pawn; if I would go with him he would give me some beer; I went with him; when we returned, he brought some things in an apron, and gave them to my wife.

Cain's Defence.

I never gave him the things.

Spur's Defence.

I went to the Nag's Head; these men were sitting there, and asked me to pawn two gowns; I asked if they were his own; he said his sister was dead in the country, and he wanted to make money of them, and he would fetch them out on Monday.

CAIN, Guilty . T .

SPUR, Acquitted .

WELLS, Guilty . T. 14 Years .

434. (1st. M.) ANN HUTSON was indicted for breaking and entering the dwelling house of Silvanus Hill , on the 1st of May, about the hour of ten in the night, and stealing two blankets, value 2 s. the property of the said Silvanus .

Silvanus Hill . I live in Castle Street, Whitechapel ; I rent the lower apartment; on the 1st of May the front door was broke open; I found the staple on the floor. The prisoner was seen there about ten o'clock; I came home about eleven. I was at a publick house getting supper; my wife was ill at an hospital; my children were at nurse. I heard the prisoner had carried a couple of blankets to a pawnbroker's, and they would not take them in; that made me have a suspicion of her. I found the blankets at Mr. Charles Dorman 's in George Yard. On Saturday I took her and charged her with it; she denied it; but on Sunday she owned to me, of her own accord, she had broke open the door; after I had challenged her with it, she told me the blankets were up George Yard, and if I would go with her she would shew me where. I am sure the door was fast when I left it; I have only the two lower rooms; I was at home at noon; it was fast then.

Q. You saw nothing of it afterwards till eleven at night?

Hill No.

Q. You had not asked her to come to see you that night?

Hill. No, never.

Charles Dorman . I had these blankets of the prisoner (producing them;) they were brought to me of a Friday night, about three weeks or a month ago; she asked my wife if she could find any body to pawn them or sell them; I was not at home then; I asked her afterwards why she wanted to part with her blankets, she said, she had two children, and her husband had left her, and she was with child. I went to one Mr. Thompson and told him; he desired me not to buy them without she brought somebody to prove they were her own; I went back to her, and told her I did not like to buy them without she brought somebody to prove them to be her property; she said, her children were crying for bread, and it was too late to go about to get any body then; so I said I would let them have a shilling to buy bread; she left them; I saw no more of her. On Sunday Hill came and brought an officer to search my house; I produced the blankets, and Hill immediately gave charge of me; the next morning we were examined, and I was bound over to prosecute.

Prisoner's Defence.

I am not guilty, my lord; Mr. Hill gave me leave to sell them; I found the door open.

For the Prisoner.

William Price . I live in Castle Alley, Whitechapel. I am a heel-cutter; I have known the prisoner nine or ten years; she is about twenty; I never heard her guilty of any misdemeanor before this; she had always a very good character. I have heard of her being free with her tail.

Q. You saw her at her lodgings sometimes I suppose, did you see any children there?

Price. No; I never was at her lodgings in my life.

Mrs. Moore. I know the prisoner; her father put her in the work-house for safety, and this man came after her several times to get her out of the work-house; he brought her tea and sugar several times; he used to buss her, and say, Nanny my dear, come out as soon as you can.

Benjamin Webb . I am gate-keeper of the work-house. Hill used to come there to see the prisoner; I never knew any harm of her.

Hannah Kitchens . I live next door to her father; I have lived there near eleven years; I have known her ever since; she has a good character.

Q. Did you not know she was loose with her tail?

Webb. No; I don't know any thing of looseness of her.

Elizabeth Teel . I live just by the prisoner; I have known her ever since she was born; I never knew any harm of her till this man fetched her out of the workhouse. Her father put her in the workhouse to keep her from this man.

Jane Touchberry . I have lived four years next door but one to the prisoner's father; I never heard of any dishonesty before this; she has been wild; I have trusted her. I heard Hill say if her father would give him 5 s. 3 d. he would make it up.

- Moore. I heard him say the same.

Frances Holmes . I have known her some years; I have entrusted her in my apartment; she always behaved honestly.

Elizabeth Thorley . I have known her from a child; I never heard any harm of her.

Anne Pemberton . I have known her ever since she was born; I never knew her dishonest.

Q. Perhaps you think it no harm to be good natured with the men?

Pemberton. I have nothing to do with that.

Guilty of stealing the goods, but not of the burglary . T .

435. (1st. M.) EDWARD BARRY was indicted for that he on the king's high-way, on Sarah Ingram , did make an assault, putting her in corporal fear and danger of her life, and steal-from her person one linen apron, value 1 d. one earthen dish, value 1 d. and 4 s. 6 d. in money, numbered, her property , May 30 . *

Sarah Ingram . I am almost fourteen years old.

Q. Do you know the nature of an oath? what will become of you if you take a false oath, is it a good or a wicked thing.

Ingram. A wicked thing. I was going along in Bow lane, near Bromley , last Saturday about five o'clock; I was walking on one side of the way, and the prisoner on the other side. He said, my dear, I have not seen you a long time; I thought I knew him at first, afterwards I found I did not; then he said again it is a long time since I saw you; I said, sir, I do not come home but once a week, I live at my master's.

Q. Where is your home?

Ingram. My parents live in Robinhood lane. He asked me to come over the hedge into the field, I did not go over; he said he would give me six-pence; I said I did not want any of his money, I wanted to go home to my grand-mother; then he said he would give me a shilling; I said I did not want his shilling, I must go home to my grandmother; he got over the hedge and stooped down, he saw me run away, and ran after me.

Q. You was in the lane?

Ingram. Yes; when he overtook me there was a boy came, and said run along my girl, do not talk to that man; I ran away as hard as I could; when the boy was gone out of sight, he came up to me again, and said, I have a knife, I have a knife; then there were three more gentlemen came along, and they asked what the man was going to do to me, but I was so bad I could not speak to them, they talked to the man; when the gentlemen were gone he run to me, and took away a little plate, a little apron that I worked in, and a bit of a white handkerchief that had 4 s. 6 d. wrapped up in it.

Q. What was the dish?

Ingram. A penny earthen dish; I then run over the field, and saw one William Smith in a field of Mr. Murphy's doing something to the grass; I called to him and said, for God's sake help me, I have lost my things, I am afraid I shall lose my life; he went down to the gate; the prisoner had run away, and he and another man run after him as hard as they could. John Hill took him.

William Smith . I was at work for Mr. Murphy; I am a labouring man; the girl cried out to me, and said she had been robbed; she said she had lost 4 s. 6 d. I asked which way the man was gone? she said along Bow lane; I went after him immediately; as I was going along, I met a gentleman that had the apron and dish, he had called to the girl, but she was afraid to go back; the gentleman said a man gave them to him, and said if they were owned, to give them to the owner; if not, he might keep them; he gave me a description of the man, and I went after him; just before I got into Bromley, I saw a man at work, and called for assistance, and we ran after him; when I came into Bromley, a man had stopped him, but let him go; I went after him, and secured him; I called the girl, and she said that was the man. When I stopped him, I asked him if he had any money; he said he had not; he put a shilling out of his pocket on the ground, and tried to cover it; a little girl stooping to buckle her shoe, saw it; he had three shillings more in his pocket; we found the rag on him; the girl knew it, because she had sewed a seam in the middle of it; he said, did I rob you, my girl? she said, you know you did.

Michael Richards . I am a gardener; I work for Mr. Coe; the last witness came to me, and said a poor girl had been robbed in the road, and asked if I saw a man go by? I said I did; I went, by his description, after the man; I was present when he was taken; I put my right hand on his shoulder, and I saw the shilling drop; afterwards I saw the three shillings, the coarse apron, dish and rag; ( produced and deposed to.)

Prisoner's Defence.

I met this girl on the road and three young men with her; they asked me to give her five shillings; I said I did not know the girl at all, I will not give her any money; I know nothing of her; then they asked me to give her a shilling, I had but three shillings in my pocket, God Almighty knows; I did not do any thing to her, no more than the child unborn; I did not see the handkerchief at all.

- Smith. It was taken out of his pocket.

Q. to the Prisoner. How came you by the four shillings and six-pence.

Prisoner. I work in the callico-ground for five shillings a week; I had six-pence on the Wednesday night to buy some victuals, so I had but four shillings and sixpence to receive.

Guilty . Death .

436. (1st. M.) ELIZABETH JONES was indicted for stealing a Morocco pocket-book, with a silver lock, value 5 s. a knife, value 1 s. a pair of steel scissars, value 2 d. a pair of tweezers, value 2 d. a pencil, with a silver top, value 2 d. and a piece of asses skin, value 2 d. the property of - Berryman . May 27 . *

Mariana Christian . Berryman is my husband; I lost a pocket-book out of my shop; I live in Old Bond street ; I am a stationer; my husband is abroad; I lost it on the 27th of May, it was a red Morocco pocket-book; it was in the evening the prisoner came in for a half-penny-worth of cartouch-paper, when she went out of the shop, Mr. Baker asked me if I missed any thing; I turned my head and missed that pocket-book; then Mr. Baker went after her, and brought her back directly, with the book.

James Baker . I live in Husband-street; I was at Mrs. Christian's on the 27th of May in the evening; she desired me to come to put a bedstead up; just as I came in, the prisoner came in for a halfpenny-worth of cartouch paper; Mrs. Christian desired me to light a candle, which I did; while she was serving her, I saw the prisoner take this book from the window; I could not tell then what it was, but I saw her take it; I asked Mrs. Christian to look in that window to see if she missed any thing; then she said, God bless me! yes; run after her.

Q. Did she say what she missed?

Baker. No; I run out of the door; I had my eye on the girl; she was running across Piccadilly, about forty yards on the other side Bond-street, towards the Hay-market; I laid hold of her, and said pray give me what you took out of that window just now; I put my hand under her cloak, and took the pocket-book from her; I brought her back to the shop; there she fell a crying, and desired to be let go for that time; she said she never did such a thing before.

Prisoner's Defence.

I went into the shop for a halfpenny-worth of cartouch-paper; the man came and laid hold of me, and said I had stole the pocket-book; when he came back he found it in the shop; I never had it in my hand.

Guilty. 10 d. T .

437. (1st. M.) SAMUEL LORD was indicted for stealing seven yards of worstead shagg, value 14 s. the property of - Johnson . May 23d. *

Acquitted .

438. (1st. M.) HENRY ALCOCK was indicted for stealing a mahogany board, value 6 s. the property of Mark Moss . May 4 . *

Acquitted .

439, 440. (1st. M.) THOMAS ADAMS, alias STANLEY , and JOHN WATERS were indicted, for that they on the king's highway, on John Grant did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a pair of silver shoe-buckles, value 2 s. and 4 s. in money, numbered . May 17 . *

John Grant . I was robbed by three men on Sunday evening the 17th May, about nine o'clock in the evening; they took from me four shillings, or four shillings and six-pence, and a pair of silver buckles; I heard them coming behind me; I stood aside, and let them pass me; there were some other people coming, when they were gone by, then the three men turned back, and one of them presented a pistol to me, and demanded my money, another took my silver buckles. This was about half a mile beyond Paddington ; one of them shook hands with me, and wished me a good night.

Richard Burton . The prisoners and I were coming home from Kilburn, we had been all round that part, in order to see what money we could get by robbing the first gentleman that came; we met the prosecutor; we walked past him because there were people behind him, when these people were gone by, we returned and robbed him; they said, Stand, and give us you money; but they used no other force or threats, only put a pistol to him. Waters took his money, and Adams took his buckles; the buckles were afterwards sold by one Jones; we all went to his lodging in Maynard-street, St. Giles'; they broke them to pieces in his lodging before he came.

Joseph Errington . I keep a publick house at Kilburn; three men came to my house on Sunday the 17th of May, in the evening, about half after eight; they staid at the door and drank a pot of beer.

Q. Do you know who these men are?

Errington. I believe the prisoner and the accomplice.

Q. Have you any doubt whether the prisoners are the men?

Errington. I have no reason to doubt that they are the men; I have seen them before; I know them perfectly well; one of them desired I would make haste; I served them with the pot of beer. There were some carriages at the door; a gentleman, one Mr. Francis, came by, to whom I had lent my horse; he was in a chaise; I asked him what he had done with my horse? he said he had tied him to a rail at Paddington. Knowing my horse to be shy, I was fearful that by a number of horses and carriages passing, he might break his bridle and get away; therefore I was very angry at Mr. Francis, and told him, I would never let him have my horse again, upon any account; then I sent a man after my horse. Burton had told these circumstances to Sir John Fielding , and a messenger was sent to me from Sir John Fielding 's, who told me what Burton had mentioned about their being at my house that night, and about these circumstances respecting my mare.

Burton was called in again, and deposed, that he heard the conversation between Mr. Errington and Mr. Francis; that he heard Mr. Errington say, Mr. Francis should not have his mare again, because he had left her at Paddington; that he said before the justice, that Mr. Errington sent two men for her; that he thought so because they met two men afterward coming with the mare.

Errington. I was never at Sir John Fielding 's till after Burton had given this account.

Adam's Defence.

I know nothing about it.

Waters's Defence.

I was not there.

Both Guilty . Death .

See Adams tried No. 430.

441. (1st. M.) WILLIAM BLACKISTON was indicted for stealing six bushels of coals, value 5 s. the property of Philip Freeman , April 25th . +

Guilty 1 s. 1 d. B .

442. (1st. M.) BISHOP HUMPHREYS was indicted for stealing ten firkins of butter, value 10 l. the property of Nicholas Jackson , Feb 18th . +

Acquitted .

443. (1st. M.) GEORGE BRUNT was indicted for that he on the king's highway, on James Hye , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person, a man's hat, the property of the said James , March 6th . +

Acquitted .

444, (1st. M.) JOHN DAVIS was indicted for that he on the king's highway, on Angel Solomon , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person three hempen bags, value 1 s. two linen aprons, value 6 d. and a wooden cask, value 4 d. the property of the said Angel , May 17th . *

Acquitted .

441. (L.) DAVID ALLEN was indicted for stealing a silk handkerchief, value 3 s. the property of John Atkinson , May 28th . ||

John Atkinson . I missed my handkerchief in the street, the 28th of May; the prisoner was near me; I suspected him and searched immediately, and found my handkerchief upon him; I felt a hand in my pocket at the time I missed it.

Prisoner's Defence.

The gentleman came up to me and struck me. I know nothing of the handkerchief.

Guilty . T .

445. (1st. M.) JOHN CROW was indicted for stealing four pieces of printed linen handkerchiefs, value 20 s. the property of Titus Sutcilf , privately in his shop , May 2d . +

Elizabeth Sutcilf . My husband is a worsted-maker and hosier , at No. 40, Lower-East-Smithfield ; we had an order for some handkerchiefs to sell at Gravesend (we don't commonly deal in handkerchiefs;) on Saturday the 2d of May, between nine and ten at night, I went over the way to Mr. Wells; while I was there I saw the prisoner and a lad looking over the window; then I saw them go into the shop; Mr. Wells said they are two thieves I dare say; he went over and met the prisoner coming out of the door with something in his hands and apron shuffled up; he cried out, thieves! I followed him, and cried, stop thieves! at last the prisoner threw the things down; I turned about, picked them up, and carried them to my own house. I found they were the same things that lay on the counter (the goods produced and deposed to.) Thomas Wells confirmed this evidence.

- Winter. I saw the prisoner run down the street. I would have knocked him down but could not; there was some vacant ground, he made up there, and we found him underneath a brewer's carravan.

Prisoner's Defence.

I went up the yard to ease myself,

He called four witnesses to his character, who know him formerly; they deposed that he bore a good character then, but none of them knew him within the last three-years.

Guilty. 4 s. 10 d. T .

446. (M.) JOHN COOK was indicted for ripping, cutting and stealing 100 lb. of lead, the said lead being affixed to a dwelling house , the property of Samuel Adams . +

Thomas Marshall . I know Mr. Adams's house, near Portland Square ; the house is empty; I took the prisoner in the fact. On the 5th of May , about nine at night, I was spending the evening at the Three Tuns; Mr. Fairbrother came in, and said, some people were stealing the lead in this house; we went there; we listened and heard them at work; one of them followed me into the house, the rest stood at the door to prevent their getting off. I heard them at work all the way; at last I laid hold on the prisoner, and there was another man that escaped; the prisoner slipped between the joists, from all the floors, and got down into the kitchen; I went down stairs after him, and found him in the kitchen. The prisoner confessed that he cut off a piece of lead; that we found laid upon a board ready to carry away, and that he had sold some the night before. Lead had been stolen from the house. This evidence was confirmed by William Matthews .

- Fairbrother. I was coming by the house and heard a noise; I thought somebody was at work; I called out upon that, and the noise ceased. I went to the Three Tuns, and informed the people there of it; I went with them to the house. (Confirms the evidence of Marshall.)

Richard Barratt deposed that he had bought lead of the prisoner twice.

The prisoner, in his defence, said that he was in liquor.

He called two men, who gave him a good character.

Guilty . T .

447. (1st. M.) ELIZABETH BENBO was indicted for stealing a linen sheet, value 3 s. the property of Thomas Lyon . Oct. 31 . ||

Acquitted .

448. (1st. M.) EDWARD JORDAN was indicted for ripping, cutting and stealing 20 lb. of lead, value 2 s. the said lead being affixed to a certain dwelling , the property of Sarah Day , May 22d . ||

Acquitted .

449. (1st. M.) EDWARD SMITH was indicted for stealing two iron spades, value 4 s. and one iron pick axe, value 2 s. the property of Ann Harrison , widow, May 14th . +

Acquitted .

450. (1st. M.) RICHARD GARBUTT was indicted for stealing a pair of mens leather shoes, value 2 s. the property of John Hall , May 21st . +

Guilty 10 d. T .

451. (1st. M.) REBECCA wife of GEORGE JOCELIN was indicted for stealing a stuff petticoat, value 3 s. the property of Sarah Quin , June 1st . +

Acquitted .

452. (2d. M.) ELIZABETH SPICER was indicted for stealing twelve guineas, a nine shilling piece and four crowns in money, the property of Andrew Murray , privately from his person , June 1st .

Andrew Murray . I am a hawker and pedlar . I was in Hackney Road last Monday evening; I met with the prisoner there about five or six in the evening; she asked me to treat her with a pot of beer. I had seen her five or six times before. I went with her to the sign of the Gibralter; we went into the tap room; she said she would see me home; afterwards, when we came out of the house, I felt her hand in my pocket, where my money was in a green worsted purse. She had hold of my arm.

Q Was you sober?

Murray. Yes; but I am lame; I can't walk three miles a day.

Q. Had you ever been in company with her before?

Murray. I never drank with her before. As soon as she got my money, she ran away. I could not follow her.

Thomas Wilmot deposed, that he took the prisoner into custody; that he found her a bed. He searched her packet and found only a shilling and some halfpence; that after that, he tumbled the bed clothes, and found there a green purse under the bed, between the bed and the ticking; (the purse was produced and deposed to by the prosecutor.) He said that the prisoner was dressed very gay much above what she used to be, and said her son gave her the purse; but afterwards said she found it.

Prisoner's Defence.

I found the purse about one o'clock. My son gave me the crown pieces a great while ago

Guilty of stealing, but to privately from the person . T .

453. (2d. M.) ELIZABETH YOUNG , spinster, was indicted for stealing a cloth coat, value 15 s. a cloth waistcoat, value 6 s. 6 d. a pair of velvet breeches, value 5 s. 6 d. three linen shirts, value 12 s. and a pair of knee buckles, plated with silver, value 6 d. the property of James Askew , May 31 . ++

James Askew . I am a taylor . I lost these things from Mr. Cope's, the Two Brewers, in High Street, St. Giles , last Sunday morning, between four and five o'clock; I missed them about six. I lost the coat and waistcoat off the bed, and the other things were in a box. I saw them between four and five; I got up then to serve customers. I saw the prisoner in the house that morning; she came in about a quarter past four; the things were afterwards stopped upon her.

Jonathan Kershaw I live at the Crown and Anchor, the corner of Saffron Hill. I stopped the prisoner with these things, on Sunday morning between six and seven; she and three men came to the house and called for a pot of beer; the evidence called me on one side, and said, he believed the woman had something she had no business with; he went out for a constable, and when he came back, she said, they were her brother's; she was a little in liquor. I thought proper to stop them till her brother came. I took her to Bridewell; she said, when taxed with the things, that they were her brother's.

John Mills . I first saw this woman at the White House, in Holborn, about six o'clock; she had the bundle with her; I said to the landlord I suspected she had not come honestly by it; she went into this gentleman's house, then we took the things from her.

Prisoner's Defence.

A footman desired me to take the things to the White-house; he said he would come in an hour's time; if he did not come. I was to go to the Crown and Anchor; I do not remember I ever said they were my brother's.

Guilty . T .

454. (L.) JOHN BRISTOL was indicted for stealing seven lb. of currants, value 2 s. the property of George Womwell and John Scurry , May 24 . ++

John Elliot . I watch at Ralph's key . On the 24th of May about a quarter after twelve, I was walking about the kay, and I heard a great rumaging among the casks; I went and found the prisoner, I asked him what he had got; he said he was getting some currants; I found these on him. I got a light, and found the head of one of casks out entirely; I got a constable; he had some in his right hand, and some in his left hand pocket, and some in a pocket tight before him; they belong to Messrs. George Womwell and John Scurry . There was about eight pounds.

The prisoner in his defence said, he had been working on board a boy; that about eleven o'clock at night, as he was coming ashore, he saw a great many currants scattered about, as he was picking some of them up, when Elliot charged him with stealing them; and that he was not among the casks.

Guilty. 10 d. T .

455. (L.) THOMAS PRICE was indicted for stealing a mahogany tea-chest, with a tin cannister, value 3 s. the property of Catharine Baker , and two silver spoons, value 2 s. the property of Elizabeth Liddell , May 8 . +

Catharine Baker . I live at Mr. Ozoris's. I lost a tea-chest on the 8th of May, the night the fire was, with two cannisters in it; one was full of tea, the other full of sugar; I was in Mr. Farrer's shop when the prisoner came to pawn it.

Elizabeth Liddell . I lost a tea-chest and two silver tea-spoons; they stood on the pewter-shelf in the kitchen.

James Gatty . The prisoner brought this tea-chest (producing it) to my master's house to pledge it; I was going to examine him, but Catharine Baker was in the shop, she clapped her hand on it, and said it was her's. I asked him how he came by it; he said it was his own; he said he bought it in Harp alley. I asked where the key was; he said his mother had it, on Saffron-hill. I got a constable, and he was taken up. Catharine Baker fetched her fellow-servant to swear to the spoons, which are marked with her name on them.

Prisoner's Defence.

I carried them there to pawn, and that gentlewoman said it was her property; I said it was not; that young man jumped over the counter and held me; I told them I picked it up at Goldsmiths-hall, and a gentlewoman said there was another, but I did not see it; I went to pawn it; that gentlewoman said it was her's.

Guilty . T .

456. (L.) THOMAS MASTERS was indicted for stealing ten pound of beef, value 3 s. two flat irons, value 18 d. one wooden bowl, value 3 d. and one mahogany bottle stand , the property of Henry Hine , May 24 . ++

Mary Ann Hine . I am the wife of Henry Hine ; I lived in Throgmorton street before the fire; from that house I lost the things, at the time of the fire; I did not see the prisoner take the things.

William Skot. I am a fire-man; as I was coming along on Saturday the 9th of May, at five o'clock in the afternoon, I met this man with the things on him at the top of Grace-church-street: I asked him where he was going: he said to one Mr. Lyons, New court, Broad-street; I said he was going the wrong way; I went with him to the gentleman, he said he knew nothing of the man nor the goods, so I delivered him to a constable. (The things produced.)

Mrs. Hine. I can swear to all but the beef, one joint may be like another; I cannot swear to that; I lost such a piece.

Prisoner's Defence.

The things were put into my lap; they were given to me by a gentleman that lives in the gentlewoman's house.

For the Prisoner.

Susannah King . The prisoner lived two years and a half with my husband, a butcher, in Catharine-wheel-alley, about a year and a quarter ago. He behaved very well; I cannot say where he has been since he left us.

Mary Johnston . All I know of him is, he has lodged a twelve month in my house. I never knew a pinch of snuff of him. He drove a cart for one Blunt; he behaved well; he always was in between nine and ten o'clock; I never heard any other then a good-character of him.

Guilty . T .

457. (L.) WILLIAM BEDFORD was indicted for breaking and entering the dwelling-house of Thomas Greenough , on the 19th of May, about the hour of ten in the night, and stealing a silver waiter, value 6 l. a silver ladle, value 10 s. a silver table spoon, value 12 s. a silver salt spoon, value 2 s. the property of the said Thomas Greenough , in his dwelling-house . ++

Thomas Greenough . I live in Ludgate-street : on the 19th of May my house was broke open, the back of it looks into Holiday-yard, in this back part is a common dining-parlour, the windows look into that yard. Between nine and ten o'clock in the evening, I was in the fore part of the house, when one of the maids run down stairs, and said there were thieves in the parlour. I went backwards and missed a waiter; I ran to the window and saw several persons, one called out, We have taken one, and there are more in the yard; I went into the shop, and told my servant to run round by Creed-lane, and stop all he met; I went back to the window, and saw the prisoner by the palisadoes in the yard; I went out, my servants came to my assistance, and we pulled him into the parlour; we sent for the constable, and searched him; we found a chissel in his side pocket; we searched for fire-arms, but found none. When we had him in the parlour I taxed him with breaking into my house eight months ago; he said no, he did not; for this was his first offence. I lost a silver waiter, a table spoon, a salt seller, and salt-spoon out of the parlour; the palisadoes are breast high and sharp-pointed; the ground is nearly on a line with the bottom of the window; I was in the parlour about twenty minutes before, the plate was safe then; the window was shut down; there is a sort of a spring bolt; the candles had been lighted, but they were put out. When I went out of the parlour, Mrs. Greenough followed me and put them out.

Q. Was there any appearance of force on the frame of the window?

Greenough. No, none at all.

- Greenough, jun. On the 19th of May, in the evening, between nine and ten, nearer than nine; I happened to come into the counting house to my father; the servant came down, crying thieves! I went round according to my father's order; I found several persons with plate, that I knew to be my father's; I took it from them, and brought it home with me. I saw the man within the rails, and there were two or three persons came up, who would have got him over the rails, with a pretence to have him directly before the justice; but I thought he was more secure within the rails; (the plate produced and deposed to.)

Cross Examination.

Q. Was it light enough to see him?

Greenough. There was light enough; there were lights brought out.

Q. Was the night entirely set in?

Greenough. Yes, quite dark.

William Ward . I left work that evening about eight o'clock; I lodge in Holiday yard; I went home about ten minutes before ten. I saw the prisoner and another man looking into Mr. Greenough's window; they gave a cough and parted. I went in, and told the woman of the house where I lodge, I believed there were thieves in the court. I came again to the door and looked, and they had got close to the windows; I shut the door and said they were there; I looked again, and they had got the window up, and one jumped in; I then said there is one in; she said, I had better go to the fore door of Mr. Greenough's, and alarm them; I went to go, but the man came out, with a piece of plate in his hand; I asked him what he did there? he then put the plate down, and pretended to put the shutters too; then I made an alarm of thieves! and he attempted to make his escape; I gave him a knock of the head, and he fell immediately: I kept him there till I got assistance.

Q. from the prisoner. Did not you say before my lord mayor, that I had nothing in my hand?

Weed. I said no such thing, but that you had plate in your hand.

Prisoner's Defence.

I was going by the window; it was open; and I saw the plate there, which was a very great temptation; I could not resist it: It is my first offence.

For the Prisoner.

Allen Panton . I am a peruke-maker , in St. John's Lane, Clerkenwell. The prisoner served his time with me; he was out of his time the 7th of September last; he served the seven years duly and honestly. He lived with me till after Christmas; he behaved very well.

Guilty of stealing the plate but not of the burglary . T .

458. (2d. M.) MARY BRAYNE was indicted for stealing nine yards of white sattin, value 4 s. twelve ells of black mode silk, value 20 s. forty yards of black lace, value 4 l. two linen sheets, value 20 s. one linen quilt, value 40 s. one piece of black sattin, value 40 s. one linen sheet, value 5 s. one pillow, value 2 s. one pillow bier, value 1 s. one dozen of thread, value 2 s. one quarter of lb. of white fine cotton, value 2 s. and half a lb. of black thread, value 2 s. the property of George Adamson , in his dwelling house , May 4th . +

George Adamson . I am a haberdasher , in Tavistock street ; the prisoner was my cook , four months. I missed money out of the till several times about a month ago. The prisoner went out and left her box open; the other maid told me she saw something in the prisoner's box. I went to Sir John Fielding 's, and he granted me a search warrant; I understood she kept a soldier, and had furnished a lodging for him; I went to her lodging, in (I believe they call it) Little Marybone Street. I found some of my goods in the lodging.

Q. How do you know how they came there?

Adamson. I only know it from what she said; she said she had had a child by the soldier, and that she carried the things to him; she confessed that she got the key of the shop in the morning, out of the man's room, when he was asleep, and afterwards put it in its place again (the goods mentioned in the indictment, produced and deposed to by the prosecutor.) The linen bed quilt and sheet were found upon the soldiers bed, and the shirts in his room; she said she took them, and that if the soldier was discharged she did not care what became of herself.

Prisoner. I gave them the key of my box when I came home; I don't know what was there.

James Booth . I am a peace officer; I had a search warrant; I took the prisoner in the prosecutor's house. I asked her for the key of her box: she gave it me. I unlocked her box, and took out the things the prisoner has mentioned. We then went by her direction to the soldier's lodging; there we found the rest of the things that have been produced. The soldier said, there was not any thing in the that room belonged to him, he had a very good character. (His colonel thinking him innocent, made intercession with Sir John Fielding , and he was discharged;) he said, he had bad connexions with her three or four years ago in the country; and that she came to town; and told him, she would furnish a room to accommodate him and herself.

Prisoner's Defence.

I never confessed any thing to him; he came several times to me at Tothil-fields, Bridewell; I would not confess any thing; he said it lay in his power to save me. My master said the same before we went to Sir John Fielding ; he said if I would confess, he would be very favorable to me.

Prosecutor. I never said any such thing to her.

Guilty. Death . Recommended .

457, 458. (2d. M.) WILLIAM EVANS and MARY MANNING were indicted, the first for stealing a linen shirt, value 3 s. another linen shirt, value 3 s. the property of John Wolsey , and the other for receiving one shirt, well-knowing it to have been stolen , March 30th . *

Both acquitted .

459, 460. (2d. M.) JOHN JAQUES and SAUNDERS ALLEN were indicted for stealing a wooden box with an iron box, value 1 s. two linen gowns, value 10 s. three linen shifts, value 10 s: and one woollen petticoat, value 2 s. the property of Mary Knight , widow, May 24th . *

Both Acquitted .

461. (2d. M.) ANN the wife of RICHARD DUN was indicted for stealing two linen sheets, value 2 s. the property of William Forsaith , the said goods being in a certain lodging-room, left by contract , by the said William Forsaith , to the said Richard Dun , to be used by him and the prisoner, May 30th . ||

Acquitted .

462. (2d. M.) MARGARET EASON was indicted for stealing four check linen aprons, three linen shirts, one silk handkerchief, one pair of linen sleeves, two linen caps, one laced linen cap and one yarn stocking, the property of Elizabeth Birch , spinster, and one check linen curtain , the property of Joshua Gittous . ||

Acquitted .

463. (2d. M.) JOHN HITCHCOCK was indicted for that he having in his custody a certain paper writing, purporting to be a promissary note , as follows

Received 30 May 1768, of the Amicable Society, held at Mr. Thomas Langfield 's, the Green Man, in Bedford Street, the sum of fifty pounds, by the hands of George Robinson and David Dennison , members of the said society, which we promise to account for, on demand, with the interest of five pounds per cent. per annum.

Thomas Barber for Mr. Pearse and self.

50 0 0

Upon the back of which said promissary note, on 19th March last, (the said note being due and unsatisfied) feloniously did forge and counterfeit a certain receipt, for the principal and interest, due on the said note, as follows,

Received May 19th, 1772, of Mr. Pearse, the principal and interest, for one year and eight months, in full for the within note, for the Amicable Society.

Per me Thomas Tomkin .

54 3 4

with intention to defraud the said Thomas Barber and Richard Pearse against the statute, &c.

The 2d Count for feloniously uttering and publishing the said receipt, with intention to defraud the said Thomas Barber and Richard Pearse , against the statute, &c.

There were several other Counts, charging the said forgery, and publishing as true the forged receipt, to be done with intention to defraud divers members of the said Amicable Society. March 19 th. *

Edward Bark . I am clerk to a society, called the Amicable Society, at the Green Man, Bedford Street, Covent Garden.

Council for the prisoner. Are you a member?

Bark. No.

Q. How long have you been clerk?

Bark. Ever since the 3d of September. Hitchcock became a member of that society on the 4th of August, 1766. He became a steward on the 5th of November 1771; (the note shewn him.)

Q. Did you ever see that before?

Bark. Yes; before it was missing the 5th of January, the quarterly night.

Q. Where did you keep the money of the society?

Bark. In the box. The keys are kept by the two stewards, each has one, and the landlord of the house has another. On the 5th of January I saw the prisoner put the note in the box; the box stands before the stewards and me.

Q. Did it continue open any time?

Bark. No.

Q. It was opened several times?

Bark. Yes; but not after he put it in, for that was the last thing; I did not see it afterwards, till I saw it at Mr. Deacon's, just before the last sessions.

Q. Are you sure that is the note?

Bark. Yes.

Q. What was wrote on it when it was put in the box?

Bark. A receipt for two years interest before.

George Mutter . I keep the Green Man, in Bedford Street, where the club was held.

Council for the prisoner. Are you a member of this society?

Mutter. No; this is the note I received of Mr. Pearse; I received it the day after the half yearly night. About the 8th or 9th of April, Mr. Pearse delivered it to me in his own counting house.

Q. Did you go to the magistrate with it?

Mutter. Yes.

Richard Pearse . I am a brewer in Westminster; I had a partner in 1768, one Barber.

Q. That note is a good note given by you?

Pearse. Yes.

Q. Was that brought to your house for payment?

Pearse. Yes; I knew the hand writing, and paid the money on the 19th of April, 1772, to the man in whose possession it was.

William Sedgwick . I am clerk to Mr. Pearse; the prisoner brought the note. Mr. Pearse was out of town; he called again, and I paid the money, and he signed his name Thomas Tomkins . He said he was a steward of the society; he said the society was become poor by losses, and found it necessary to take the note up.

Cross Examination.

Q. It was paid on the strength of his representing himself as steward of the society?

Sedgwick. Yes.

Q. In fact he was steward of the society; did you know that?

Sedgwick. No.

Q. Was you present when the name Thomas Tomkins was put?

Sedgwick. Yes; I gave him the pen to do it.

Q. to Bark. Who were George Robinson and David Dennison ?

Bark. Members of the society; they were stewards in 1768; the notes are always given in the stewards name.

Q. Don't the present stewards receive the money?

Bark. No: the stewards that put it out, and the present stewards go together to receive it, by the consent of the society.

Q. Who is Samuel Cockson ?

Bark. One of the members of the society; he was a steward when he received the 5 l. interest.

Q. to Mutter. Did you between the meeting of the 5th of January and the 8th of April open the box, in the company of Hitchcock?

Mutter. No.

Q. to Bark. Was it open all the time of doing the business?

Bark. It is unlocked; but shut from seven to nine; the box is in the society.

Cross Examination.

Q. Then from seven to nine the box is not locked?

Bark. Sometimes it might.

Q. Who puts the money in the box?

Bark. The head steward, which Hitchcock then was.

For the Prisoner.

John West . I am one of his Majesty's joiners to the Board of Works; I have known him sixteen years; he is a carpenter and joiner ; he had the character of a sober, honest and industrious man; part of that time he worked under me (about three years;) he was a diligent, pains taking man. He has generally had a large family; he has now only two children, and his wife is down-lying.

Edward Germain . I am foreman to Mr. West; I have known him between five and six years; he is a sober, industrious, honest man.

Another witness. I am master of a vessel; I have known him from his infancy; he has the best of characters. He lay in a room of mine five nights, where there were above 100 l. in a desk.

Francis Luton . I am a taylor; I have known him thirty years; he has the best of characters.

Guilty . Death .

463. (2d. M.) JOHN BLOCKGROVE was indicted for stealing two pair of black callimanco women's shoes, value 4 s. the property of Richard Blackburn , May 5th . *

Richard Blackbun . I keep a shoe warehouse in Carnaby Market . On Tuesday the 5th of May, the prisoner came to my house, about eight in the evening, and said, he was desired by a lady, to call at a shoe-maker's, and send some shoes for her to try on; I believe he said her name was Thompson. I put six pair of callimanco shoes into a bag, and sent my boy with them; and in about six minutes he came back and told me, the man had got two pair from him; on which I went to two or three pawnbrokers, and left the mark of the shoes, that is a B, and my name, and desired them to stop them; accordingly one pair of them was stopped the next day, by Mr. Parker, who sent for me; (the shoes produced and deposed to to be one of the pairs that were put in the bag.) I never found the other pair; I am sure he is the man that was in my shop; I took him at the pawnbroker's.

Timothy Parker . On the 5th of May, Mr. Blackburn came, and said, he had lost two pair of shoes, and left the mark; the next day the prisoner brought these shoes to pawn; I saw the mark and stopped him, and sent for Mr. Blackburn.

George Sherman . I live servant with Mr. Blackburn. The prisoner came to my master's on the 5th of May, about eight in the evening, and desired I would bring some shoes to a lady; my master put six pair in a bag, and gave them to me. I went with him to the house; he desired I would stay below till he went up stairs; he came down again, and said, the lady was engaged with a mantua-maker; he came again and took all the six pair up; then he came afterward, and said, I might come up; I went up and saw the bag lying on the stairs; I asked, if any body was there that wanted shoes? and was told, no. I took the bag up; there were two pair missing, and the man was gone.

The prisoner said nothing in his defence.

Guilty . T .

464. (L.) JAMES HANCOCK was indicted for returning from transportation before the expiration of his time . +

William Payne . I know the prisoner: on the 2d of March was twelve-month, I had him in custody about an hour or an hour and half; on his being taken again, I was doubtful of his being the same person I had in custody, because the man I had in custody wore his hair, but this man had a wig; afterwards I saw him at the Brown Bear, and knew him very well; I was here when he was convicted last year.

Prisoner. I am the man that returned from transportation: they are determined to have my life for the reward; it don't signify opposing them.

Peter Senhouse . I am a broker; there was a man came to Sir John Fielding 's, and said, there was a basket or box, coming in the West Chester stage, from West Chester; it would be there in half an hour, and some returned transports; I went and waited there, the prisoner came and enquired for it, and I stopped him; Mr. Jennings was there and knew him.

John Jennings . I found the prisoner at large, at the Golden Cross, Charing Cross, and knew him again. I had seen him several times at Sir John Fielding 's before he was transported; he went by the name of James Hancock . I live with the keeper of New Prison, Clerkenwell, and attend the prisoners backwards and forwards to and from Sir John Fielding 's.

Prisoner's Defence.

I went from here on board one of his majesty's vessels, to Virginia to Leeds town; I am a watch-maker; not getting any work there, I went to Philadelphia to get business; I got there on Friday, and was to go to work on Monday; there was a man that went over in the same vessel there, that was known to be a convict; he save himself impeached me as being a convict; I did not know before that a convict was not admitted there. I was then drove to the necessity to return, having no money nor friends.

Guilty. Death . Recommended .

466, 467. (2d. M.) JOSEPH GUYANT and JOSEPH ALLPRESS, otherwise ALLPRICE were indicted for that they on the king's highway, on Thomas Eversage , did make an assault putting him in corporal fear and danger of his life, and stealing from his person sixty leather bags, value 20 s. the property of our Sovereign Lord the King , Oct. 13 *

John Webb . I am a clerk in the general post office for the north road. On Saturday the 12th of October, I put up the Stamford, Colsterworth, Grantham, Retford, Durham, Sunderland, New-castle, Marpeth, Alnwick, Berwick, Wisbich, Lincoln, Falkingham, Bourn, Gainsborough, Beverley, Hull, Leeds, Wakefield, Barnsley, Huddersfield, York, Maltone, Thirsk, Scarborough, Richmond, Bedal, Bernard Castle , Penrith, Cockermouth, Whitehaven and Carlisle bags of letters, to go by the north mail. There are five mails that go by the north, two Ferrybridge and Boroughbridge, one Scotland, one London and Huntingdon, and there is another; these six mails contained in the whole threescore lesser bags. I did not make up the mail, only put the letters in the bags.

Charles Colson I am clerk in the post-office; on the 12th of October, I put the Enfield, Ware, Hertford, Royston, Caxton, St. Ives, St. Neots, Huntingdon, Stilton, Newark, Tuxford, Bowtry, Doncaster, Ferrybridge, Witherby, Boroughbridge, Northallerton, Darlington, Bedford, Peterborough, Spalding, Boston, Horncastle, Louth, Hallifax, Bradford, Tadcaster, Gretabridge, Brough and Appelby bags; the letters for Puckeridge and Hartford were put into to the Ware bag. I wax the letters, and put them into the boxes, and then into the bags.

James Hutton . I am a clerk in the general post office; after the letters were put into the bags, I saw them and delivered them to Isaac Beard ; there were four outside mails, besides the Scotch, two were ticketed, Ferrybridge and Boroughbridge.

Isaac Beard . I am an assistant in the post office: I am employed in the north road. On the 10th of October, I received from Mr. Hutton for the north road, six mails, all property sealed; I carried them out of the office, and put them into the cart, and saw it safely locked; it was a round cart, pretty strongly covered over, and plated with iron. I took the key into the office, and acquainted the clerk all was in safety and locked; one key remains at the Post Office, and another with the master of the Post Office to which they go.

Q. Where was the boy to go?

Beard. To Enfield.

Thomas Eversage . I drove the mail on Sunday morning the 13th of October; I took the cart from the Post Office; I drove through Old-street Turnpike; there I met with John Thomas going to Enfield; I took him up; we drove to a place called Onsfield , about seven miles from London; I set out about half after two, and got there about a quarter before four; there a man came up to the horses head; I did not see him at first; I struck the horses, then I heard a man say, stop, d - n your eyes, or I'll blow your brains out! he said, alight; I went to get down; he said, not you, my lad, to the other; then the boy got down, and he bid him go about his business; he said, is the gate ready? another man said, yes.

Q. Who was the other man?

Eversage. Guyant, I believe. Then he bid me turn round, and drive in at the gate. I heard somebody run down the road; presently after that, the man that stopped the cart, and the young fellow came back to me again; I was ordered to drive till I got to the bottom of the field, then into the next field, and to the bottom of that; then the man that stopped the cart, bid me get off, and come along with him; I begged he would not hurt me; he said, he would not hurt a hair of my head, but he should tie my hands and legs; he tied my hands and bid me sit down.

Q. How far were you from the cart when he tied you?

Eversage. Twenty or thirty yards; the other boy was with me; he tied us both, and then went away; he came again almost directly, and asked if I had got a key; I told him, no; he said, he knew very well how to get it open without; then he went away back to the cart, and I heard a great noise, and fire flew at every stroke; the noise continued ten minutes; then the other came, and said, my lads sit still, till we load our horses, and we will come and release you and give you five guineas to yourselves.

Q. Had you observed any horses they had?

Eversage. No; they never came near us any more; we sat there an hour and a half till day light; then Thomas got one of his hands out; I desired him to put it in again, left they should come and shoot us; he put it in again for a quarter of an hour; then it was quite light, and we saw the cart and horses. Thomas got loose and untied me; there was a large hole in the roof of the cart, some of the iron had been cut as if with an ax; there were the St. Ive's bag unopened, and another old bag lay near the cart; we took the reins off the horses, and rode to Mr. Hamilton's, and then came to London.

Q. What sort of a morning was it when they met you?

Eversage. Wet and dark.

Q. Did it grow light enough while they were with you, for you to observe their persons?

Eversage. No; the man that stopped the cart had a light-coloured coat and a flapped hat; the other a dark coat, and a cocked hat; the biggest was about five feet eight inches, and the other about five feet six inches; [nearly the size of the prisoners;] when I heard All press's voice afterwards, I said, it was like the voice I heard in the field.

John Thomas . I am a cock-founder. On the 12th of October, I set off between one and two o'clock, to go a fishing. I was waiting for an acquaintance; he never came; I went on to the Old Street Turnpike; I asked if the mail cart was gone by? the turnpike man said, no; I waited till Eversage came; hollo, Eversage! said I; he said, ah, are you here at this time? we went on to Enfield. There came a man and took hold of the horse's head and held it fast; Eversage gave a cut; then the man said, if you don't stop I'll blow your brains out; he said, dismount! Eversage went to get down; he said not you, then I got down; I said, I was only going a fishing; he said he knew it, and bid me go on; then I heard him ask if the gate was ready, and the other man said, yes, and ordered the boy to drive in at the gate. I was about twenty yards off I believe, and presently I heard a man say, ho! I turned about and saw him just by me; it was Allpress I believe.

Q. How do you know it was Allpress?

Thomas. By his height and voice; which I recollected when I came to Sir John's; he had a lightish coloured coat, and his hat flaped; his coat looked like a surtout coat; he said to me when I was got into the field, halt! I turned about, and he was close on my back; he said, Look the other way, take no notice of me; when I came pretty near the gate, there was a man stood by it, who said go in there; I said in here, Sir? he said, yes, and follow the carriage: by the softness of his voice, he appeared to be the other man Guyant. I had an oil skin over my hat; the wind blew it off; I stooped to pick it up. He then said, don't be afraid; I said, you know I can't help being afraid, being stopped as we are; he said, he would not hurt a hair of my head. They stopped the carriage, and desired me to stand on one side; he then brought Eversage to me, and ordered him to sit down; he tied his hands behind him, and then tied his legs; Eversage desired they would not hurt him, he had a sore leg; he said he would not, and what they were doing was only for their own safety; he took a knife and cut the string, and then tied my legs, which he had a hard matter to do, because I am lame; then he came behind me, and said, put your hands behind you; I did; and he trembled as he tied my hands behind me; then he went away, he returned again, and said, have you got the key? Eversage said, no. The biggest man said, he would find a method to get at it, and away he went. Then I heard him in about a minute, with something like an ax, beating on the carriage, and it struck light several times; then something cracked like the breaking of boards; after the cracking was done; I heard something like a tearing, and I had not heard that long before it was done.

Q. How long was that after the cracking?

Thomas. Three or four minutes; one of them came back, and said, as soon as the other men came into the field, and they had loaded their horses, they would give us five guineas. I said, gentlemen, I hope you will not leave us tied, in this deplorable condition; for I did not know when we should get undone; he said, they would not; about a few minutes after that, I listened, and said to Eversage, I can't hear any noise; we sat a little longer, it grew a little lighter, and he said, there is the grey-faced mare feeding; I looked and thought I saw it too; I directly began to wrench, and got one of my hands out; I told Eversage I had it out; oh, said he, put it in again, for if they come they will shoot us. In about ten minutes I wrenched my hands out, and untied my legs, and went and got him untied. Then we went to the carriage; the reins seemed to be cut and were loose; the carriage was broke at the roof of it, and there was nothing left in it; there was a little bag I saw near it, with a girt about it and an empty bag. I got up on one mare, and he on the other, and rode to Mr. Hamilton's, at Enfield. When we got into the gate, Mr. Hamilton said, what now? Eversage said, we had been stopped and robbed; he ordered his chaise to be got ready, and came with his chaise, and we followed him. Mr. Hamilton put the bag in the chaise, and we came to London.

Adam Hamilton . I am post-master at Enfield. On Sunday the 13th of October, I saw the post boy on one horse, and the last witness on another; which surprised me greatly: I thought some accident might have happened by breaking; I asked what was the matter? Eversage said, they had been stopped and robbed; that the cart was broke in two pieces. I immediately ordered the chaise to be got ready, and went to the place and them with me; there I found the cart in the condition the witnesses have described cut with an ax, or something of that sort; there was nothing in the cart. I made the boy look into it; I found the St. Ives bag unopened, and a large bag ticketed

"Ferrybridge;

"I believe there was one letter in that not opened. I ordered the boy to harness the horses, and put them to the cart, and go before me, and I followed them in the past chaise; I put into the chaise the St. Ives bag, the Louth and Ferrybridge bag, and went to the General Post Office. On coming back some people stopped me, and said, they had found a great number of bags. I think there were forty-two; I got out of the chaise, and sent my letter-carrier with them to the office.

John Taylor . I live at Edmonton; in October last, one Sunday morning about seven o'clock, I found a great number of bags of letters in a ditch, near the Cock, in Onsfield.

Q. How many were there?

Taylor. About forty; I brought them and covered them under a rick of hay, and went and called Mr. Harding; he knew what they were, and took his horse, and went to Mr. Hamilton's; it was two fields from where the carriage was broke. Mr. Hamilton was gone to London; he came and bid me take care of them till Hamilton came, and sent them to London.

William Harding . I keep the Cock at Onsfield. I remember the last witness bringing some bags to my house, on a Sunday in last October; Mr. Hamilton took them from there to London; about three weeks after, another bag was brought to my house; the waggoner's boy picked it up and brought it to me. There was a great many lottery tickets, and half bank note. After Guyant was taken up; I asked him how that bag came to my door; he said, he and Allpress brought it there.

Q. Had you seen him at your house the night of the robbery?

Harding. No; I never saw them together there in my life.

George Farrow . I live at Edmonton. I remember the robbery; I found thirteen bags in a field, not half a mile from where the mail was robbed; I believe it was on the 13th of November; I will not be certain, some had letters in them, and some were empty; I carried them to the Post Office.

Ann Farrow . I saw the bags after they were found; there were thirteen; one was empty, the rest had papers and letters in them; they had all been opened; they were ticketed. I took an account of the tickets, they were as follows, Wakeford, Hertford, Ware, Hallifax, Wishich, Nerith, Alten, Huddersfield, Louth, St. Neots, Horncastle, Boston and Soalding. I saw the bags in my brother's possession.

John Silverthorn I live at Edmonton. I found two parcels in which were contained news papers and letters, hid in a hole of a bank, in a field behind Guyant's house; and on the Sunday after, I found another parcel of letters stuck against a manager in the same field; I don't know how long it was after the robbery; the first I carried to Mr. Hamilton, the other to London.

- Davis. On the 19th of February I found some letters in a bag, about three-quarters of a mile from where the mail was robbed. I carried them to the Post Office, being late I could get nothing for my trouble. I went again on the 22d. and at the Change saw a great many persons; I went up to them, and saw Guyant and Allpress; when they saw me, Guyant went out at the door I went in at; and they went towards the Mansion House; when I came to the Post Office, a half guinea had been given to the man at the Penny Post, so I had to go to Throgmorton-street; then in the Change I saw them sitting on a bench, talking; when they saw me they went away.

Thomas Ingle . I am a labouring man at Edmonton; on the 20th of October I went into the field for my master's mare. I saw Guyant and Allpress leaning over a gate and talking; at last I heard Allpress say, d - n it we are safe; I know we are safe; Guyant made a motion to Allpress that he saw me, and they went away. I saw no more of them.

William Gosling . I am a waggoner at Earith, in Huntingdonshire. I know Guyant; I saw him the 11th of March.

Q. Do you know Allpress?

Gosling. Yes; he was employed in fishing for me in March, in the isle of Ely.

Q. How long had he been employed by you before this?

Gosling. The Monday before, this was Wednesday.

Q. Do you know what became of Allpress from October to the March you speak of?

Gosling. He came to me several times at Earith. On the 11th of March Guyant came to me with a letter, and desired me to give it to Allpress; Stanbridge was present; he had a suspicion of his robbing the mail. I broke the letter open; (the letter shown him.)

Q. You know that letter?

Gosling. Yes; that is the letter.

John Aldredge . I have been a servant to Guyant nine years.

Q. Look at that letter; is that his hand writing?

Aldridge. Yes; I have seen him write several times. (The letter read.)

Wansday the 11 of March 1772 To Joseph Allprise this Cums with my kind Love and Respackts to you and your wife and hope you are wall I Desier you wont think it a miss as I Did not Rite to you Bee fore I have been a Deail of trubel a Bout over a feare But to satisfie you and I wont rong you of one penny - that day as you and I was waiting for Nixon Stanbradge See us on Chang and the Next Mundy arsket me whan you want Doun in the Cuntray I told him on Friday bee said that was a Damd Ly for bee See us Both on Chaing a Satarday & Corsed a great Deail of Confushon I was sent for to Jorneses to know my Bisness on Change & told I wanted to see Nixon & Bee told them Bee avoid me two pds & 12 shillings But virs not on Chang that Day so there is Jornes & Ball & Holt & Stanbradg & Stogbel all at work against us you make your slefe Easey & will work through it all Leave it to me I would a sent a Later Butt Stanbridge has been to the post office & to the whaggon & make all the sarch they Can & how more subspishon than Eaver Leave its all to me & I will send you things in a weaks time or tow Leave that to mee the Later you sent wors Lost att ponders Eaud & alldradg had itt Bee fore me & sends Charndler told Abel you owd him twenty three shillgs & want a way in Det to Aterny old mother tru mon Been with me a Bont the gun Rite me a Later I have gun throug a great Deail of trubel. But Leave itt to me & I Neaver will Bleu you Nor Des Cour any thing Left me sufer whatt I wil & my Hand is witness to this I bow Ben a Borv ten times att London & bolt bars wochet me away time & the waggons Stysing att ouer house But I make Slite of you to them you shall have money and all your thinge as same as I thing proper to send them for the Best and so my Love to you & you wife and send me a Later Lont Left she man Leave itt att Pondrs and Leave itt in the night att my house.

Joseph Guyant

Q. What distance does Guyant live from where the waggon was stopped?

Aldridge. About a quarter of a mile.

Edward Smith . I am a waggoner to Mr. Gosling. I know Allpress; I saw him at Earith 17th of February; he gave me a letter to give to Guyant, and desired me to leave it with him, the night at a shop where I saw him, but being a wet night I left it at Ponder's End, wit Mr. Hogan's. I called before I want down at Guyant's for an answer, but it was not ready; when I went back, Allpress asked me when I saw his master? I told him, when I came down I did not see him, when I went up; he said, no! what did you do with the letter? I told him, I left it at Ponder's End; he said, why did I do for I told him, I could not stop in a wet night with my horses, half an hour to call his master up; he seemed very angry about it, and bid me never leave any more there; that if I tied it at the top of my whip, and taped at the window, he would rise and take it in.

Q. Did you hear Guyant say he had received that letter?

Smith. Yes; the night I went down.

John Phips . I worked journey work to Guyant at the time of the robbery. Allpress was often at my master's house; they used to go out together by day and night, commonly of a night; I don't know what about; they were together the night before the mail was robbed, between seven and eight o'clock; Guyant went to bed a little after seven; when I came down the next morning, between seven and eight, I saw them in the yard: Allpress was to and fro all that day.

John Noaks . I am a constable in the Liberty of Westminster; I go with Sir John Fielding 's people; Mr. Bond and I went with a warrant to Guyant's at Edmondton; he was not at home; we went to a publick house, and left word that somebody wanted to speak to him; in a little time he came to us; I left him with Mr. Bond, and went and searched the house. I brought away what papers I found in to house; while I was gone, Mr. Bond took out of his pocket these papers, I gave to the gentleman of the Post Office. I saw the note that was in the pocket book.

Richard Bond . I went with this warrant. On the 13th of March Sir John Fielding sent for me; he said, he believed the people would be soon apprehended if I would be dexterous; I got the warrant and went to Edmonton, with Noaks. I ordered the post boy to drive beyond Guyant's house; I got out of the chaise and walked to the house, and enquired for him; I left word with his wife, that somebody wanted him to come to the public house; he came and I took him. I searched him and found this pocket book; (producing it) I did not at first find the bank note in the pocket book, nor till I came home; then I gave it to Mr. Leigh; it was in a memorandum book in the pocket; it was opened in my presence. I saw the note, this is it. When we brought him to Sir John's, Sir John said to him, here is one of the notes found on you, what have you done with the rest? Guyant said, he had but one more, that he passed away to Mr. Brown, a butcher in Shoreditch. Afterward I went down and found a pistol in a shed, by Guyant's direction. Guyant said before the Justice that pistol was his own making.

John Leigh . I am clerk to Sir John Fielding . I found this note in the pocket book that was found on Guyant. On Saturday before Sir John Fielding , Guyant acknowledged the fact, and told where the pistol was to be found; I took it in writing from him; there were some notes found buried in Guyant's house.

Henry Wright . On the 13th of March last, Guyant was brought to Tothil-fields Bridewell; on Saturday morning the 14th, I went with him to Sir John's from our gaol; there he confessed that he and Allpress committed the robbery, and mentioned some particulars; that Allpress tied the two boys together. After he had been examined, he was committed again to our prison; as we were going back, he said, Mr. Wright, I forgot to tell Sir John where the pistol was; I ordered the coach to turn round, and go to Sir John's again; when we came to Sir John's, he was just going to Brompton; I told him what Guyant said; he said, take him in, and let Mr. Leigh take it down; Mr. Leigh took it down; he said it was in a gutter on the top of a shed. I took him to gaol; on Tuesday morning by his desire, I went down with him to Edmonton; he said, he had some notes there, and he would restore them for the good of the publick; when he came there, he told his man to take the pick ax and dig under the grindstone; accordingly we dug a long while; it was very hard; we dug one of the posts up, and under the post there was this bag; (producing it;) it was very wet; I doubled it up, and put it in a handkerchief; there was nothing in it; he desired me to go into a field behind the house, and there I should find some notes wrapped up in a piece of canvas by mistake. I went to the wrong field and came back, and said, he had a mind to play the fool with me; he said, no; you went to the wrong field, and told me to go to the second, and by the post I should find it; I went and found this pocket, and in it these notes; (producing one 20 l. bank note, two twenty guinea draughts and a 10 l. draught.

Q. He carried you on purpose to show you the notes he had robbed the mail of?

Wright. Yes; (the notes read.)

Q. from Guyant to Bond. He asked if I had any papers in my pocket; I gave him my pocket-book; he looked it over half an hour; it is clear there was no bank note in it at that time; he said, there is nothing here affecting you, but a letter about notes becoming due the same night. After he got to Sir John's office; he said there was a 20 l. note in it.

Q. Did you on his delivering up his pocket book look it over leaf by leaf?

Bond. I did look over the pocket book, but not over the memorandum book; (the pocket book produced.)

Q. to Aldredge. Look on the leaves of this book, and see if you see any of Mr. Guyant's hand writing; can you tell whose hand writing is on that leaf?

Aldredge. I believe this to be Guyant's at the bottom.

Martha Brown . (The note shewn her.)

Q. Did you ever see that note before?

Brown. I think I have; it is like the note Guyant gave to me.

Q. Do you know who wrote the writing on it?

Brown. Yes, I wrote it; Guyant gave it to my husband.

John Brown. I gave a 20 l. note to my wife.

Q. Is that your wife's writing?

Brown. I believe it is; I had it from Guyant.

William Duncan . I know the notes again, from the numbers, the writing and the body of them; I put them in a letter, on Saturday night the 12th of October, and put that letter in the Post Office; it was directed to Mr. Larkey, at Pukeridge.

Charles Landers . I am clerk to the sollicitor of the Post Office; Mr. Stanbridge came to our office with a letter that has been produced; I went with him to Sir John Fielding 's; then we went to apprehend Allpress; he was on the Fens (the banks of a river) fishing. When we apprehended him, I charged him with robbing the mail; he said, Guyant and himself robbed the mail; we brought him to Sir John Fielding's, and there he said the same; he said, he had a watch which Guyant had purchased with a note he had taken out of the mail. I went to Sir John's with him, and there he confessed in more particular terms.

Q. You said nothing to induce him to make this confession?

Landers. No; Sir John told him not to flatter himself with hopes of being admitted an evidence, for he would not admit him.

Q. Was Allpress asked any thing about the ax?

Landers. No.

Q. Did he say any thing about it?

Land ers. No, not that I know of.

Mr. Leigh. I heard him on his examination, before Sir John, say where the ax was; he described it, and said, it was made use of in the robbery.

- Gosden. I went to search Allpress's house in the country; I was told there was an ax there, that was broke and rivetted in the eye with two rivets; his wife said it was at his father's; I went there, he had lent it to another person; I went to that person and got it; this is the ax (producing it.)

Q. Is it tempered for cutting iron?

Gosden. Yes.

Q. to Aldredge. Do you remember the hole for the grindstone being dug?

Aldredge. Yes.

Q. What time of the year was it, was it after the 13th of October?

Aldredge. Yes.

Q. Who dug it?

Aldredge. Allpress; I did not see him.

- Summering. This bag is about the size of the bags at the Post Office; it is sowed in the manner they are generally are, with a welt up one side and at the bottom.

John Wright . The manner of inserting tickets is at one corner of the bag with a bodkin.

Q. Is there any mark to suppose that bag has had a ticket inserted?

Wright. Yes.

Guyant's Defence.

I desire the mercy of the court.

Allpress's Defence.

I know nothing about it.

For Allpress.

Thomas Chandlier . I live at Edmonton; I have known Allpress twelvemonths; he worked in the same town.

Q. What character has he bore?

Chandler. I don't know I have heard many things against him; not that I know any thing.

Mrs. Wing. I know Allpress; I live with him.

Q. Where was he the 12th of October at night?

Wing. I cannot say.

Q. Where was he the night the mail was robbed?

Wing. A bed with me.

Q. What time did he go to bed?

Wing. Between seven and eight o'clock.

Q. What time did he get up?

Wing. Between eight and nine, to the best of my knowledge and as near as I can tell.

Q. Was he out any part of the night?

Wing. Not at all that I know of.

Q. Should you have known if he had?

Wing. Yes, to be sure.

Q. Are you sure he was not out at two o'clock?

Wing. Yes, to the best of my knowledge he was not out.

Q. He was not out then at two?

Wing. No.

Q. Nor three.

Wing. No.

Q. Nor four, five, six nor seven.

Wing. No.

Q. Did you never say to any body that you slept all night?

Wing. No.

Q. You never said to Mr. Cox that you slept all night?

Wing. No.

Q. Was you awake at three o'clock?

Wing. I believe I was.

Q. How came you to take particular notice of that night?

Wing. I did not take particular notice.

Elizabeth Chandler . Allpress came to lodge with me in May, 1771. I never heard any ill of him; he lodged with me till January; he kept as good hours as any man; he never stayed out after dusk so far as I know; for the general part he was in before dusk.

Q. Was he at home on Saturday the 12th of October?

Chandler. He was at home in the afternoon; I cannot say to night. I heard him in his room about seven the next morning; I did not see him.

Mrs. Coel. Allpress lodged in the house where I lodged; I never heard any thing amiss of him.

Q. What is his character in the neighbourhood?

Coel. I cannot say as to that; some people give him an ill one, and some a good one, as they do other people. The night the mail was robbed I saw him in bed, between nine and ten; I was in his room.

Q. How came you to pitch on this particular night?

Coel. I was sitting up waiting for my husband.

Both Guilty . Death .

468. (2d. M.) CHARLES LOCKET, otherwise LOCKINGTON, otherwise WILSON was indicted for feloniously forging a certain order for the payment of money , as follows, No. 1112 Cornhill, Lond. March 12, 1772.

Mess. Raymond, Williams, Vere, Lowe and Fletcher.

Pay to Mr. Wm. Clark , or bearer, fifteen pounds fifteen shillings.

Rt. Vennist and Co.

with intention to defraud John Clarke against the statute.

The 2nd Count for publishing as true the above order with the like intention.

The 3d Count for uttering and publishing as true the said forged order with intent to defraud the said Charles Raymond and Co. March 13th . *

On account of an error in the indictment he was Acquitted.

(2d. M.) He was a second time indicted for forging a certain order for the payment of money , as follows,

Messrs. Neale, James, Fordyce, and Down.

Lond. Feb. 14, 1772,

Pay to Wm. Hopwood , or bearer, sixteen pounds ten shillings and sixpence.

Rt. Vennist.

16 10 6

with intention to defraud John Scoles against the statute.

The 2d. Count, for feloniously uttering and publishing as true the said note, knowing it to be forged with the like intention against the statute.

The 3d. count, for feloniously publishing as true the said note, knowing it to be forged with intention to defraud Henry Neale , &c. against the statute. Feb. 14 . *

John Scoles . The prisoner came to my house, the corner of Holywell-street, and asked for a name I understood of the person in the shop before me; asked me if he was at home; having a paper in his hand I imagined he was a creditor of his; his name was Biggs: he did not ask for that name, but I imagined he meant him. I told him I had taken the shop very lately (I had been in it but a month) I asked him if he was a creditor; he said he was no creditor. He pulled out a paper which he said was a list of some goods he wanted to purchase of this Mr. Biggs, as I understood him; I told him, I could serve him as well as Mr. Biggs could; he then said, he had no objection to deal with me, for he was not engaged to any one; he then gave me an order for sundry goods, to the amount of 10 l. and 6 d. including the package and every thing. He took a little parcel of Persian blue with him, and was to send a cart for the rest; he said, if I would make out a bill and receipt against he came back, he would call and pay me for them; he went away, and came again in the afternoon; he said he was in a hurry, as he must go by the coach, and was afraid it was gone out; he told me his name was William Thompson , and that he lived near Ware, in Hertfordshire; when he came back he brought this note (producing it) and presented it to me for the goods; I looked at it; I imagined I had seen such a name before, I was not positive; he said he was in a hurry, and would go elsewhere if I scrupled the note; I simply took it and gave him 6 l. 10 s. change in cash; then I told him as it was the first dealing we had together, we would not make a dry bargain, but if he pleased we would go over the way and drink; I went over the way to treat him with sixpenny-worth of punch; he went out in a hurry and left me there; I went immediately to Messrs. Neale and Co. and presented the draft; this gentleman said it was a false one, he knew nothing of the connections of the parties, and that I had been greatly imposed on. He kept it till next morning; (it is read)

Messrs. Neale, James, Fordyce, and Down. London, Feb. 14, 1772.

Pay to Wm. Hopwood , or bearer, sixteen pounds ten shillings and sixpence.

Rt. Vennist.

16 10 6

He never sent the cart for the goods.

John Gregory . I am clerk to Messrs. Neale, James, Fordyce, and Down.

Q. Do you remember Mr. Scole's presenting a bill at your house?

Gregory. Yes; this is the draft he presented to me?

Q. Do you know any such man as Robert Vennist ?

Gregory. No; there is no such man keeps cash at our house; nor no such name, nothing like it.

Q. How came that name to be crossed?

Gregory. I did it to prevent its being negotiated again; I am not certain whether Mr. Fordyce or I cancelled it, it was done at our office.

Q. to the Prosecutor. How long was it before you saw the prisoner after this?

Scoles. I came home, mentioned it to my neighbours; they advised me to keep close; they said, I should catch him in Holliwell Lane. I happened to read in the news paper one day, that Mr. Clark was defrauded in the same manner; I went to his house, and compared the drafts together, and found them nearly the same. I went to Justice Wilmot's and saw the prisoner there; the Justice bound me to prosecute him.

Prisoner's Defence.

I never wrote any of them, nor filled them up, nor did I know them to be bad ones; I took it of a man in trade.

Guilty . Death .

469, 470. (2d. M.) JOHN GROSS and THOMAS BEDWELL were indicted for stealing 1760 yards of linen cloth, value 120 l. the property of Thomas Rogers and Charles Graves .

2d Count for stealing 1400 yards of white cotton, value 111 l. 15 s. the property of Thomas Rogers and Charles Graves , May 8th . ++

Charles Graves . I am a linen draper in Cheapside, in partnership with Thomas Rogers . I have known Gross five or six years; Bedwell about a twelve-month; they are callico printer s and partners. On the 14th of last March, I delivered to the prisoners 177 pieces of white Irish linen; on the 26th of March, 60 pieces of cotton; he had a very considerable quantity of our cloth in his possession; when he went off it was delivered to his carter, that commonly came with their cart. On the 28th of March, I delivered him 60 pieces of fine white cotton, for the purpose of being printed only; there are 22 yards in a piece.

Q. Where were their printing grounds?

Graves. At Garrat, near Wandsworth, in Surry. I never saw a piece again, till I found them on ship board; they both came to shew me the patterns before the delivery, about the latter end of February.

Q. Did they come of their own accord to you, or did you send for them?

Graves. We had spoke to the prisoners to draw us some patterns; but with respect to the patterns, Gross came to show me, when I ordered the last 60 pieces of cotton; I never had applied to him.

Q. Had you desired him to bring you some patterns to choose out of?

Graves. I had with respect to this linen.

Q. Had you any patterns of the cottons spoke of?

Graves. No.

Q. Did Bedwell speak of patterns for the cottons?

Graves. No; Gross came to me and brought me a pattern I liked; I agreed he should print me such a pattern for the cottons; we agreed to give him, I and another of us, 100 pieces. I delivered him 60 pieces; we bought the cottons on purpose for that pattern; he came naturally of his own accord. I frequently saw Gross I was down at his house; they don't live together. On Friday the 1st of May, I went down to the prisoner at Garrat; I was mentioning to him about my work; I desired he would be expeditious with all my work in general, the cottons among the rest; I desired he would send the work home; he said before the latter end of May, or the beginning of June, you shall not have a piece left on the premises; he had told me of Bedwell's intention to go out of business a fortnight before that. I believe that conversation was before the delivery of the cottons, about the time of the delivery of the linens.

Q. Was any notice given you that they would take the linens or cotton abroad?

Graves. No; on the 7th of May my partner had intimation of it. I and several other linen drapers went down and took an account of all the goods on the premises, at Garrat; according to that account, I found 250 pieces of my goods, linen and cotton deficient; there might be about 150 linens and 100 cottons: he had more cottons delivered before this last time. We heard Gross was gone off, we did not find either of them there.

Q. How many of the 60 of the last parcel were included in that 100?

Graves. All of them were missing. When I came to town, on Friday, I found my partner had been to Mrs. Bedwell's, to enquire if she could make any thing out, and found the house shut up. A neighbour said, a considerable quantity of goods had been carried in there; some were packed up, and carried off by such a waterman. We found he had carried a considerable quantity of linen on board the John; I went on board the John, from Iron Gate Wharf. I found in one case (we did not stay to open more than one then) three pieces of our cotton; the marks were cut off; but they had been marked in a slovenly manner, and in the marking they had left an impression on another part of the cloth, which remained very plain, marked with oil and lamb black; I have no doubt of it. I found afterwards in other cases, more of the cotton; all the cases were afterwards removed to a warehouse. They are in the same state I delivered them, except the circumstance of the mark being cut off.

Q. When these goods were delivered was there any pretence to get money from you for the excise duty?

Graves. Not at the time for the delivery of the goods; Mr. Gross's townsman brought in the bill; I paid him the money.

Q. Did they go away, or stay carrying on their trade as usual?

Graves. Their intention of going off was reported to be known for sometime before.

Cross Examination.

Q. You dealt with the gentlemen sometime?

Graves. I employed them in the callico printing business.

Q. What is the method of dealing; do you send to know if they have a pattern at any time?

Graves. No; it is the custom of the callico printers for their drawer to make a pattern: if we approve of their patterns we give them cloth to print, if not, we give them none.

Q. Then it no uncommon thing to produce patterns to you?

Graves. No, it is done every week in the year I suppose.

Q. And if approved of what them?

Graves. Then the printer sends his cart and fetches the goods.

Q. It is at your option when to send them?

Graves. Yes; and we send when it suits us.

Q. Sometimes it is a considerable while after you approve of the patterns that you send the cloth?

Graves. Not a long time, seldom more than a month, when we approve of patterns.

Q. They are not very apt to send to you, to ask you, I suppose?

Graves. Yes.

Q. For what purpose?

Graves. To get the cloth into their hands, for the sake of having a good deal of work.

Q. In February you say they offered you a pattern?

Graves. Yes, several patterns.

Q. And before the first cloth was printed you approved other patterns and sent them other cloth?

Graves. Yes.

Q. Was there any thing different in their coming at that time more than the other?

Graves. No.

Q. It seems odd to me that they should pay the excise on these occasions?

Graves. I believe it is done to save the trouble of the drapers; they make out the bills; the duty cannot be due not for six weeks after the goods are delivered.

Q. You don't apprehend the excise have any demand upon you for that duty after having delivered the cloth to the printer?

Graves. We have paid this excise twice over.

Q. I ask you whether in the course of trade, you consider yourself as liable in the first instance, to pay the duty to the excise office?

Graves. We do; it is all charged in our name; it is done to save trouble.

Court. Your goods would be seized if it was not done so I apprehend?

Graves. Yes; and seized as our property.

Q. Are you sure of that?

Graves. Yes; I have known two instances of it?

Q. Suppose a loss by unavoidable floods should happen to this linen, you delivered; upon your oath, who would stand at that loss?

Graves. In an instance that happened by fire, we took council's opinion.

Court. Is there any known settled usage?

Graves. It depends entirely on accident.

Court. I am asking you if there is any known usage in the trade concerning it?

Graves. If the callico-printers do not produce the pieces, we expect they will pay us for them.

Q. Supposing there is a loss by floods, according to the usage of the trade, where is that loss to fall, on the draper or the printer?

Graves. I do not know that we have had that accident happen; I believe it is customary for the printer to pay the draper if any loss happens, let the accident be what it will.

Q. Whether you do not know of your own knowledge, that the utensils of callico-printers have been taken by the excise office for not paying duty?

Graves. It is always usual if an extent is taken, if there is any white cloth belonging to drapers, they take that first, if not, they take what they can find.

Q. Then what I understand is, if any accident happens to cloth, after it is in the hands of the printers, they are liable.

Graves. We always look upon it, they are to return every piece again to our possession.

Q. I suppose you saw a great quantity of goods on board the vessel, besides those that you suppose belong to you?

Graves. Yes; a great quantity of linen printed, and white linen and cotton printed, a good deal of household furniture, wearing apparel, bedding, and things of that kind.

Q. Pray whose premises are entered at the Excise Office, with regard to these duties; the callico-printer or the house in town?

Graves. The premises are entered.

Q. But I believe these gentlemen had the misfortune to be bankrupts.

Graves. Yes.

Q. Of course their goods are in possession of assignees.

Graves. Yes.

Q. It has been so ever since this complaint has been made against them?

Graves. They were about two or three days afterwards taken into custody of the messenger in whose hands they have been ever since.

Q. Were none of your goods manufactured that were found on board this vessel?

Graves. Yes; one piece I can swear to. Part of them were manufactured in part, some are quite finished fit to send home, a good many.

Q. Do you mean to say any were quite manufactured?

Graves. Yes.

Q. And some a part manufactured?

Graves. Yes.

Q. Were not some partly prepared?

Graves. None of these white cottons were, I believe.

Q. Had they been steeped or any ways prepared?

Graves. No, I believe none; for the mark would have gone out if they had.

Q. Give me leave to ask, whether it is not a matter of some little difficulty, to know if it was prepared at all or not?

Graves. It alters the look of the cloth.

Q. Had you made any charge on these gentlemen, in the month of February, on account of any loss?

Graves. None at all that I remember.

Q. You spoke of fifty of your cottons being found on board a ship, fifty part of the sixty?

Graves. They are marked in a particular manner.

Q. Had they that original mark on them?

Graves. No, it is impressed on them.

Q. Who is the petitioning creditor under this commission?

Graves. Mr. Wallace and Co. in Cheapside, I believe.

Court. Has any debt been proved under it?

Graves. Yes; I have proved part of my debt; for money lent.

Q. You have not treated this as a debt, have you?

Graves. Not at all.

Q. How do you enter this in your books?

Graves. We take an account of debtor and creditor; Mr. Gross debtor so many pieces; we only enter down so many pieces.

Q. Don't you enter the value to them?

Graves. Yes; but that is not by way of making debtor and creditor; we enter the value they cost us.

Q. from Gross. Did not you employ me to draw patterns?

Graves. Yes.

Q. I drew you some for that purpose?

Graves. Yes; I chose three.

Q. Did not you desire me to draw something that you thought would be taken for cotton? and how came you to give me these 60 cottons, and desire them to be done with all expedition?

Graves. Because the patterns pleased me?

Q. Did not I give you a pattern; all these patterns?

Graves. Yes.

Q. Did not you find on my premises some part of these cottons and Irish printed?

Graves. I found a few of the Irish, none of the cottons printed.

Q. Now what do you think these four blocks, cutting, drawing and putting on, &c. cost me?

Graves. It might cost 5 or 6 and 20 l.

Gross. They cost me a great deal more than that.

Q. Did not I as soon as I took the cloth down, put these patterns in it, get it cut immediately; you know I gave a pattern cloth of them?

Graves. The blocks were cut.

Q. Don't you think as I put myself to that expence, that I had an intention to manufacture them?

Graves. The value of cutting these prints, &c. was comparatively small to the value of the pieces.

Q. Pray what time did I come to you about this cloth and about the cottons?

Graves. I believe about the 12th or 14th of March.

Q. Are you sure it was in March?

Graves. I am clear of it.

Q. Do you say on your oath it was in March?

Graves. I believe it was.

William Hampton deposed,

"that he was carter to the prisoners; that he carried some linen to Mrs. Bedwell's, from the Manufactory, at Garrat, three different times, the week before Easter last; that Mrs. Bedwell is mother to Mr. Bedwell the prisoner, and lived in Stangate, near Lambeth; that he carried some more in March and April to Mr. Seeth, near Westminster Bridge. That he carried them from Mr. Bedwell's, and put them in a boat, the week before they went off, to go on board the John, gally; that Mr. Gross asked him, if he was willing to go abroad with him and Bedwell; that he could send him where he could make his fortune; that he was willing to go, and therefore very few words passed on the occasion; that he went to Deal with William Lang , the prisoner, Thomas Bedwell , and one William Grant , and that Gross met him there; that Gross said there, that they were going to Boston; that they staid at the Crown two nights and a day; that Gross went by the name of Dr. Gregory, a nickname they gave him, because he wore a large wig, and that Bedwell went by the name of Charles Young ; that he carried a little box, to a private lodging, for Mrs. Gross, Mrs Bedwell, and some more ladies, but did not know the contents."

On his Cross Examination, he said,

"that he received orders respecting the goods publickly by the man in the fields; that he carried them publickly in the day time, and when at Deal, he went publickly out, and walked all about the place on Sunday. He was asked, if he had any notion they were doing a wrong thing? he said, no; it was not his business to ask his master any questions, and that he was overjoyed at going abroad; and he said, that his masters had suffered a great loss by floods, by many pieces being damaged and torn."

Christian Whitt , who was townsman to the prisoners, deposed,

"That he received on the 28th of March, from Mess. Rogers and Graves, and from Mr. Pierrepont, 70 pieces; that he called on the drapers, in consequence of general orders received from his master; he said he never was at Garrat; his business being to receive the goods in town."

John Kickheads , who was foreman to the prisoners, deposed,

"that he received at Garrat, 60 pieces of cotton, from Mess. Rogers and Graves, about the middle of March, and 70 pieces from Pierrepont and 177 pieces of Irish linen; he pointed out Mess. Rogers and Graves mark upon some of the cottons that were produced. He was asked if any of the cloth was sent away privately; to which he answered, that they used to send damaged pieces away; he said, a few pieces of the Irish linens were finished but not boiled off, but none of the cottons were, and that there were about 50 pieces of cotton sent away; he said that the cottons had not undergone any preparation for printing; that he did not know by whose orders the goods were sent away from Garrat; and that he had no suspicion of Gross's going away before he went. He said, upon his being cross examined by the prisoner Gross, that Gross put the prints immediately for the cottons; that a great many pieces of linen and cotton were destroyed in the grounds by accident; that a hundred pieces were damaged last year, so as not to be fit to return to the printers; that the loss occasioned thereby fell upon the prisoners, and that they had suffered within the last two years to a great amount by such accidents."

John Brayne , late servant to the prisoners, deposed,

"that he carried about 60 pieces of linen to Mr. Seeth's, a linen draper, at Westminster, on the 4th of May; the same day that Gross went to Deal; that he had carried some before that, to the number of 220 pieces of linen and cotton in the whole. On his cross examination, he deposed, that a great quantity of goods had been destroyed by the floods and other accidents, and that the goods were put in hand as soon as they arrived at Garrat."

Ebenezer Sims , master of the John, Gally, deposed,

"that Bedwell applied to him at the coffee house, by the name of Charles Young , and informed him, that an acquaintance had desired him to enquire the price of a passage to America; that he told him, the price was ten guineas, and a proportionable part of stores; he then asked if there were any springs of water near Boston; that he told him, a great many springs, two or three miles from Boston; that he met him at the coffee house again, on the Tuesday following, between twelve and one o'clock, and said he had agreed with four gentlemen and two ladies; he said his mother and her mother; that a few days after that Gross and he came together; Gross told him, he was one that was to go, and desired to see the ship; that accordingly they took a coach to Iron Gate, and went on board the ship; that then Bedwell told him, they had some goods, and household furniture, and asked when they should send them; that he desired them to keep it till the 20th of April, that they might be on the top of the lading; that he said, he would get a Mr. Clarke, a waterman, to enter them at the custom house; that they were seven or eight days in getting the goods on board the ship; that the goods were marked C and Y, Bedwell said there were some Irish linens; upon which the witness said, he was intitled to a draw back, he said they were very trifling; that they told him, there were some drugs; that Bedwell asked him, whether it was best to carry money or bills of exchange to Boston? he said, he had about 3000 l. to carry there; that he advised him to apply to merchants here, for draughts on gentlemen in America, for which he would receive a premium; that he called on him soon after, when he gave him a bank note of 100 l. for furnishing the stores, &c. that when he gave the receipt, he wrote it in the name of George Young , upon which Bedwell said his name was not George but Charles Young ; that Bedwell asked, where it would be convenient to come on board? that he told him, either at Deal or Gravesend; that he replied, it is very likely that we shall be at Deal or Gravesend, but did not tell him, he should not see him again before he sailed, that therefore he waited for him for several days; that on the 7th or 8th of May, he saw Mr. Graves, Mr. Rogers, Mr. Wallis and some other gentlemen at the coffee house, who informed him the goods were stolen; and the messengers under the commissioners of bankruptcy took the goods. On his cross examination, by Gross, he said, that the first time he saw him, was about the 5th, 6th or 10th of April; that when Bedwell first applied to him, he said, there would be five passengers, and two or three days afterwards, he said, there would be fix and a steerage passenger."

Gross. My lord, I asked that question, because when Mr. Bedwell applied to the captain, I did not intend at that time to go with him.

Thomas Mansell , deposed,

"that he made some packing cases, by order of Mr. Bedwell, for houshold furniture and other goods, but did know they were to go on ship board."

Henry Ballingtine , a waterman, deposed,

"that he carried some goods in a boat and punt from Stangate, to Paul's Wharf, on the 3d of April. That he lay in the barge all night to watch them, and delivered them on board the John, Galley, on the 24th, and that he made three turns.

Mr. Prescott deposed,

"that he went to Deal to enquire after the prisoners; that an horsler at an inn informed him, that a post coach came in on Friday night, (this was on Monday morning) in the dusk of the evening, and brought with them some passengers; that he described Mr. Gross, and he was found there, and went by the name of Gregory; that he had there 400 and odd new guineas locked up in Mr. Gross's bureau.

Gross's Defence.

My lord and gentlemen of the jury, As this is a matter of great importance to me, I hope you will indulge me with time, to hear what I have to say. I stand before you, gentlemen of the jury, accused of a crime that I will not go about to excuse; what I have done is wrong to be sure, in the highest degree; yet I hope it will not appear so criminal to you as the prosecutor would make it appear to be. I will, if you will give me leave, state my method of acting in trade, since the time I commenced a callico printer. I was about nine years at a handicraft trade, at which I saved a little money. I thought to get into a business by which I might get a fortune; a person persuaded me to go into linen printing, and said himself was master of it, and would put me in a proper manner to go on; a brother-in-law and myself engaged, with a fortune of 1400 l. In the course of a year or two we run our money out; and the consequence to him was, he broke his heart; I wish I had broke mine too, it would have been happy for me. With the persuasion of some of my friends I carried it on again; I went on with I thought tolerable success; but when I came to settle with the gentlemen I dealt with, they made great abatements. I thought it was owing to my want of attention; I doubled my diligence; very near the same time, in the year 1766, I struck out something new; I acquired by that and next year 3000 l. On the 10th of August 1767, while I was absent, my premises were burnt to the ground, I sustained a loss of my own property about 1000 l. the property in trust of the drapers to manufactures amounted to about 5000 l. when I came home to look into my affairs, I found my assurance greatly under the loss. I insured my own loss a 1000 l. but for stock in trust, that drapers gave me to manufacture, I only insured 2000 l. When I looked into my book, I found money enough to enable me to pay all my debts and carry on trade again. I saw the drapers were very much chagrined at the loss; I proposed to throw my insurance into the capital stock; I proposed it to Mr. Williams to conciliate them; he said it would do me much service, to make over my whole money of my insurance to them, for the purpose of dividing equally between myself and the drapers. I received many compliments from the whole body of drapers for the rectitude I was doing; yet, I am sorry to say, that very thing which should have redounded so much to my honor, was the foundation of all my misfortunes, and brought me to stand in this odious light before you; it rendered me dependent on my employers, who never failed to take advantage and oppress me; they were not content with what I had done, but insisted I was absolutely and bona fide debtor, for the whole of the cloth put into my hands, were all my own. These gentlemen, that now so eagerly seek my life, say now, they only put it into my trust; they then said, they were my own property. I was obliged to stop my business, reduced to the greatest distress, had it not been for the humanity of Mr. John Maydwell ; I could not have got money to support my family and self. I was arrested fourteen times in the course of six weeks; my creditors were so enraged that I should make that concession, and put the money out of my own hands, that they would not be pacified. I should have been totally ruined, but the humanity of one gentleman was exercised towards me, Mr. George Wallace of Cheapside; the matter was too great for him; he engaged with Rogers, Graves, Harris and Prescot. Mr. Wallace's motive really was to serve me; I cannot say so much of the other gentlemen; they had lost about 5000 l. and with the aid I gave to the insurance, it would not amount to more than 10 s. in the pound; they agreed, they would support me if I would pay them the whole of the loss; I agreed to it; I made over for their security all I possessed in the world; they advanced me a sum of money, during the year 1768, amounting I think (they have my books from me) to the amount of 2000 l. they paid 700 l. I stood in debt for; the remainder was advanced to pay my men; I carried on the business during the course of that year, not in my own name, but for the benefit of my creditors. I did work to the amount of 1800 l. that year. I paid them large deductions on that work; I allowed them 10 per cent. discount on that, and 5 per cent, for interest. I found I had run back considerably; the gentlemen were willing I should go on another year; but that I might go on with rather more reputation, they agreed they would countenance a report that I had paid them entirely; that I should carry on business in my own name, and that would introduce me to credit; what they agreed to do was done. I carried on business, and did get into a good deal of credit by my punctuality in paying my bills of every kind. My business was then in a reputable and profitable way, and would have been, but for the abatements they made me; my abatements then were 10 per cent, though 10 per cent. discount should imply ready money, yet they would oblige me to take draughts for six weeks and two months, which I was obliged to discount; that at the end of the second year, in spite of the greatest industry I could make use of. I was 400 l. worse. I saw all the printers round about me breaking by the same case that hurt me; I continued business another year; I took down a prodigious deal of work, redoubled my industry in order to see if I could restore myself, and get matters before hand again. In October in that year, I took this young gentleman into partnership with me; he had been apprentice with me; he had but a small sum of money, about 300 l. yet as I was subject to the gout, sometimes laid up for five or six months together, I thought it would be of great utility to me to have one to over look the business. On February following, when the bills began to be settled, Mr. Bedwell began to be uneasy; my abatements were 30 per cent. 10 per cent. discount, and 1 per cent. for servants. I never could get any cash from any of them, the best assistance I could get was a draught two or one month after date, which I was obliged to get discounted. In February Mr. Bedwell began to be uneasy concerning his property that remained in my hands; he said, he thought he was drawn into the business by the drapers only to take the whole little matter he had from him. In February and March we had a great loss by the floods. I will mention one instance of speculation, and it is a pity it should not be known, of that gentleman, Mr. Prescott; he and his partner asked me to do them 64 l. worth of a particular kind of work, scarlet ground, to do them in the best manner, and they would allow me a good price if I did them well, not to stint them in the goodness or the quality of the drugs, and begged to have them done well; I asked them 12 d. a yard, that is 28 s. on each piece; they were well pleased, and said there would be no abatement on them; they were done in the best manner; they sold a great many at the price I charged them, and got a good profit. About a month after that Mr. Prescott said himself to me, he overpaid me for these very goods, insisted I should make an abatement of 3 d. per yard, 25 per cent, under forfeiture of his favor, or never have any more work from him; had he used the common decency, and said they were spoiled, or some accident had happened to them, I would have submitted, but this was so bad, I complained to my friends, Mr. Rogers, Mr. Graves, and Mr. George Wallace , and they shamed Mr. Prescott out of his purpose, that he did not take that money from me; yet nevertheless, he would not make up the matter with me, till I agreed to do 60 pieces more cotton of the same kind, and do it at 10 d. per yard. Mr. Bedwell grew uneasy about his money, seeing the great abatement we were obliged to allow, amounting to one half; he desired to have his money out of the trade, and he would go to the East Indies; I made no secret of it; I communicated it to all the trade; I believe Mr. Graves mentioned it in his evidence. In March, when our affairs began to grow very bad, by losses by the floods, Bedwell said he would go to North America, and desired I would let him have his money; I could not then; I had bought some linnens of Mr. Pierrepont, Mr. Sainsbury and Edwards, Woodwell and Darley, to the amount of near 300 l. with intent to send to Guernsey for a venture; as Bedwell was so pressing for his money, I said, if he chose to accept them, he might have them; these were the first Irish that were carried to Mrs. Bedwell's house. I had no intention then to go; I was ill of the gout. What encreased my ruin was, I had borrowed acceptances of different gentlemen in London, to the amount of 6 or 700 l. they had such great confidence in me, that they have lent me from six weeks to six weeks, and I have always paid them constantly; while I was ill, these acceptances became due to Mr. Graves, Wallace, Prescott, &c. not being able to pay them, the gentlemen all declared they would not renew them any more. I then found I was entirely ruined; that it was impossible to carry on any business from the losses I had sustained, and from the abatements these gentlemen made upon me. Then I declared to Bedwell, and not before, that I would go with him to America; I then formed the intention to take the goods: I call God Almighty to witness, I thought when I got there, to turn them into money, and return it to them, to encourage a trade with them; it was easy for me to have got goods to the amount of 10000 l. in London; and all tradesmen know if a man has a mind to turn goods into ready money, there are people enough in this city of London to take them, without asking many questions; the very goods I sent on shipboard I could have turned into cash; instead of that I sent them on shipboard openly; indeed as my affairs were bad, I had no intention of letting them know where I was going. I was going to America, where they must have known of it; if I had gone to Flanders, &c. it might not have been known; they say I had 400 guineas; it belonged to this gentleman's mother; they by force took it from her. Now gentlemen, I appeal to your feelings, if under this load of complicated misfortunes, it was not something. I appeal to your knowledge and understanding, if under such great discounts and deductions, it was not impossible for the most profitable business to have supported it. I left a paper behind me, if the gentlemen had had candour to have produced it, that I was going to mend my fortune, and return it to them. I did not chuse to stand my ground, and be made a bankrupt; for this reason, all I had was made over to Rogers and Graves, Harris, Prescott, Walker and Barker; it was not known but the securities I had given them were reverted to me again, and I paid them the debts owing me. I had got into credit under that notion; so when that was known, the people who had no security at all, would have immediately arrested me, and I should have ended my days in gaol; it was to avoid that, that I took this method. I appeal to you, whether I had any felonious intention; when I took these goods, I began manufacturing them immediately, and cut the blocks at a large expence. I must trust the rest to your candor, humanity and justice.

Bedwell's Defence.

After the defence Mr. Gross has just made, where in he has fully set forth every misfortune, and oppression that has happened to him, I think it is needless to mention those circumstances; I must accuse the drapers themselves for want of justice to me; for at the same time they advised me to enter into partnership with Mr. Gross, they were sensible they had the whole of his effects made over to them. As to the mention of my going by a false name, it was merely accidentally; goods were ordered by my mother to enter them in her name, and as they belonged to her and her mother, when I paid the money to Sims, I thought it best for a man's name to be concerned, than two women; therefore I took on me the name of Charles Young , without any bad intention. As to any thing further that I have to offer, I hope my unhappy case will plead further than any thing I have to say; therefore I leave myself to your mercy and to God's.

For the Prisoner.

Mr. Preston. I am a callico printer. I am acquainted with the transactions between the drapers and printers; the way the account is kept is, we have a book we call the delivery book, it is kept thus, To white cloth delivered to be printed, debtor so and so, to printed goods received, creditor by; when that is done, it sometimes happens, that of 500 pieces, that may be delivered, but 400 shall be returned to the drapers; then I am debtor to him, and at Christmas pay him for the 100 that are wanting.

Q. You must make him satisfaction if you do not return the quantity?

Preston. The most reputable callico printers in trade, sell white cotton before printed or after; if we meet with an accident; we sell them to the best account we can; people of the best reputation in trade do it; I can mention a house in London that returns thousands per annum. The callico printers entry, is an entry of one copper house, one printing shop, &c. the Excise know nothing of the drapers; if I was to fail to-morrow, the excise would come on the premises, and the drapers to whom they belong could do nothing.

Q. Suppose the goods that have been manufactured, are on your premises, they would be seized for the duty?

Preston. Yes.

Q. Would they be seized in the first instance, or in common with the rest of your goods?

Preston. They may take goods, utensils, furniture, cattle, or any part of my property they please.

Daniel Hale . I was employed by the prisoners to draw patterns, to put them on the block for the prisoners.

Q. Do you know of any preparative for manufacturing of these cottons and linens of Mr. Rogers?

Hale. I cannot tell that there was.

Ricket again. A preparation was made to manufacture the linens; some were printed; the preparation was going forward.

Q. How many linens were printed?

Ricket. There might be 20 or 30 pieces; blocks were prepared for printing; all these were two or three of the 127 printed.

To their Characters.

Mr. Preston. I have known Gross seven years; I never knew Bedwell till since this affair; I always conceived him a very ingenious intelligent character; I never doubted his integrity; I never heard it impeached till on this affair.

Mr. Maidwell. I have known Mr. Gross about nine years; his character is that of a very industrious pains-taking man; I have traded with him for many thousand pounds; he has always dealt honestly by me.

Mr. Cummings. I have known Mr. Gross between five and six years; I never had any dealing with him; he is a very worthy honest man; I never heard a person say a disrespectful word of him in the world. I have known Bedwell from 13 or 14 years old; he is about 21 now; he is a very sober, honest, good lad. I never heard a disrespectful word of him.

Court. Mr. Prescott, you seemed desirous of saying something while Gross was speaking; I did not think fit to interrupt him then; you have been examined already; if you have any fact to mention, you may relate it.

Prescott. I have his handwriting, where he has confessed me to be one of his best friends he has in the world; I only mention that in vindication of myself; I have no particular prejudice against Mr. Gross. I found the 400 guineas under his key in his bureau; I can prove that assertion relative to the scarlet ground a total falsity; Mr. Gregory will prove it; he offered to work it for another house afterwards, for Mr. Griffiths, in Cheapside, and he worked it afterwards for 10 d. a yard. I did agree to give him 60 pieces more, to be printed at 10 d. a yard I confess, because he offered to print it for Mr. Griffiths; I can prove these goods were sold by Gross instead of sending them home, I can prove every reflection respecting myself totally false, excepting that particular instance of the security, that I grant is a fact, that he has very ill naturedly laid before this court; I grant we had a great confidence in him; we took him out of a spunging house when he could not be bailed for 25 guineas; he sent for Mr. Rogers I believe, (I do not recollect the person) and me; we bailed him, from time to time; he drew us on to advance money for him; we were rather uneasy to intrust him with so large a sum, we agreed it was too large a sum, as some little things had turned out prior to that, relative to some goods being sold. It was publickly known the premises belonged to us a long while before he went off.

Both acquitted .

471. (L.) JACOB ABRAHAMS was indicted for forging an indorsement on a promissary note for 100 l. and also for uttering the said note knowing the indorsement to be forged . ++

No evidence was given.

Acquitted .

472, 473. (2d M.) ELIZABETH JONES and MARGARET CATON were indicted for stealing a repeating gold watch, value 21 l. and a gold snuff box, value 5 l. the property of George Mayei , May 12 . ||

Both Acquitted .

474. (2d. M.) EDWARD NEWLAN was indicted for that he on the king's highway, on Mathew Callen , did make an assault putting him in corporal fear and danger of his life, and stealing from his person a peruke, value 1 s. and a silk handkerchief, value 6 d. the property of the said Matthew , Jan. 30, 1768 . ||

Acquitted .

475, 476. (2d. M.) ANN GRAY and LOCHLAN MOORE were indicted the first for stealing a silver watch, value 3 l. half a guinea and a quarter of a guinea , the property of David Wright , and the other for receiving the watch well knowing it to have been stolen , May 5 . ++

Both Acquitted .

477. (L.) JAMES HARRISON was indicted for stealing 3 lb. of tobacco, value 2 s. the property of persons unknown , June 4 . ||

Acquitted .

478. (L.) BRIDGET BROADWELL was indicted for stealing a hempen sack, value 5 s. the property of Thomas Scott , June 2 d. +

Acquitted .

479. (L.) MARVIL RAYNER was indicted for stealing two quartern loaves of wheaten bread , the property of William Rogers , May 28th . +

Acquitted .

480, 481. (L.) WILLIAM GRAVES and LYDIA HALL were indicted, the first for stealing 54 lb. of butter, value 30 s. the property of Henry Wilson , privately in his shop , and the other for receiving the said butter, well knowing it to have been stolen , April 6 . +

Both Acquitted .

482. (2d. M.) FRANCES FARM was indicted for stealing one oz of silk, value 2 s. the property of Peter Boswell , May 2d . *

Acquitted .

483, 484. (2d. M.) DOROTHY BARTRUM and ELIZABETH NEWTON were indicted for stealing a half guinea, a quarter of guinea, and three shillings in money, numbered , the property of James Austin , March 6th . *

Both Acquitted .

485. (2d. M.) JOHN SMITH was indicted for stealing 12 fourteen feet clap boards, value 3 l. the property of John Whitehouse , May 2 . *

Acquitted .

486. (L.) CATHARINE BERIK and MARY HARROW were indicted for stealing a stuff petticoat, value 10 s. the property of William Cooper , May 26 . ++

Both Acquitted .

487. (2d. M) ROBERT ASTROP was indicted for that he on the king's high way, on Charles Hart did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a pen knife, value 5 s. a stone seal, value 1 d. and 6 1/2 d. in money, numbered , the property of the said Charles, May 7th . +

Acquitted .

488, 489, 490. (2d. M.) SAMUEL MALE , WILLIAM GROVES and WILLIAM GODLINGTON were indicted for that they on the king's high way, on Thomas Taylor did make an assault, putting him in corporal fear, and danger of his life, and stealing from his person a silver watch, value 30 s. and 2 s. in money, numbered, the property of the said Thomas , April 24th . *

All three acquitted .

(2d. M.) They were a second time indicted for that they on the king's high way, on Sophia Goddard did make an assault, putting her in corporal fear and danger of her life, and stealing from her person a silk purse, value 1 s. a silver medal, value 3 s. four pieces of foreign silver coin, value 5 s. and 2 s. in money, numbered, the property of the said Sophia , April 23d . *

All three acquitted .

(2d. M.) SAMUEL MALE and WILLIAM GROVES were a third time indicted for that they on the king's high way, on John Fordyce did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a gold watch, value 5 l. the property of the said John , April 26th .

(2d. M.) They were a fourth time indicted, for that they on the king's highway, on Andrew Grant did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a gold watch, value 10 l. and 30 s. in money, numbered, the property of the said Andrew , April 26 .

The prosecutors not appearing to either of these indictments, they were

Both acquitted .

491, 492. (2d. M.) EDWARD STACK and CONSTANTIA, the wife of ISAAC WOOD , were indicted for stealing a chest of drawers, value 3 l. an eight day clock with japaned case, value 5 l. a feather bed, value 40 s. two pillows, value 3 s. one coffee mill, value 1 s. two china bowls, value 3 s. a set of castors, value 5 s. two copper saucepans, value 3 s. and one chocolate pot, value 2 s. the property of Charles Kierman , Feb. 19th .

The witnesses were called but did not appear.

Both acquitted .

493. (2d. M.) JOHN MEAKEN was indicted for committing a rape on the body of Susanna Bloy , May 25 .

Acquitted .

494. (1st. M.) WILLIAM GARRET otherwise GARMENT was indicted for commiting a rape on the body of Martha West , spinster, June 2d. ||

Acquitted .

495. (1st. M.) JAMES GREGORY was indicted for breaking and entering the dwelling house of Alexander Beckham , on 19th March , between the hours of twelve and one in the night, with intent the money and effects of the said, Alexander to steal . +

Acquitted .

496. (1st. M) WILLIAM MARSH was indicted for stealing a woollen cloth coat, a plain cloth waistcoat, a coffee pot, a pair of spectacles, a silk handkerchief, and a linen quilt , the property of Abraham Maserio , May 8 . ++

Acquitted .

497. (L) WILLIAM KIBBLE was indicted for stealing a pair of metal buckles plated with silver, value 2 s. the property of Thomas Hedge , May 18 . +

Acquitted .

498. (1st. M.) WALTER STANNIFORD was indicted for returning from transportation before the expiration of his time .

Acquitted .

499. (1st. M.) WILLIAM ATWOOD was indicted for stealing a slick bed, value 5 s. two blankets, value 2 s. two linen sheets, value 2 s. one tin boiler, value 6 d. one iron frying pan, value 6 d. and one tin kettle, value 6 d. the property of Richard Calvin , being in a certain lodging room, let by contract to the said William , Jan. 1st .

Guilty . B .

500. (2d. M.) ISAAC HOLMES and JAMES FOX were indicted for breaking and entering the dwelling house of Thomas Cotterell , on the 17th of April , about the hour of eleven in the night, and stealing a pair of mens leather shoes, value 1 s. the property of Richard Cotterell , in the dwelling house of Thomas Cotterell .

The prosecutor was called, but did not appear; his recognizance was ordered to be estrated.

Both acquitted .

501, 502 (2d. M.) ANN GREEN , spinster, and SUSANNA the wife of JOHN DEFOE , were indicted for stealing a wooden box, value 1 d. six guineas, a quarter of a guinea, and 3 s. in money, numbered, the property of John Smith , in his dwelling house , April 14th . *

Both acquitted .

504. (L.) JOHN DAVIS was indicted for that he having twenty eight pieces of false and counterfeit money to the likeness of a shilling, did put off to one Hugh Evans , at the rate of twenty-eight for a guinea , against the statute, March 29th . ++

Hugh Evans deposed, that on the 29th of March last, the prisoner called upon him at the end of the Old Jury; that they took a walk together, and the prisoner gave him 28 s. in a paper for a guinea; that he had called on him before, and asked him how many he would have of this bad silver, and that he had in all 84. for three guineas; and that he delivered 31 of the shillings to the justice.

John Clarke deposed, that he sealed up 27 or 28 s. which were produced at the justice's by Evans.

- Brown the constable, deposed, That when Evans produced the money before my lord mayor, he gave Mr. Chamberlayne and Mr. Alcorne two each, and he produced 27 pieces.

Mr. William Chamberlayne deposed, that he took two of the pieces, which he delivered to Mr. Alchorne.

Mr. Stainsbury Achorne, assay-master in the mint, deposed, that he received two counterfeit pieces, from Mr. Chamberlayne, which he destroyed in the assay, and two more, that he received afterwards, and that they were defective in weight and fineness; that neither of them were worth a groat; that the pieces were in the similitude of old plain shillings of Charles the 2d and William the 3d; and that the rest of the pieces produced, appeared to be of the same sort.

The prisoner, in his defence, said, that he gave Evans change, and no more than the value of the gold.

He called twelve witnesses, who gave him a good character.

Guilty . B . and I .

505, 506. (2d. M.) WILLIAM DRAKE and CATHARINE PHILLIPS were indicted, the first for stealing a silk gown, value 3 s. a linen gown, value 6 s. two linen shift bodies, value 4 s. one pair of stays, value 9 s. a white petticoat, value 3 s. and a pink petticoat, value 3 s. the property of John Wilson , and the other for receiving two linen shifts, parcel of the above goods, well knowing them to have been stolen , April 7 . ++

Drake, Guilty . T .

Phillips, Acquitted .

507. (2d. M.) BENJAMIN COX was indicted for breaking and entering the dwelling house of William Simms , on the 8th of March , between the hours of 9 and 11 in the forenoon, (no person being therein) and stealing a black sattin hat, four silver tea spoons, a silver mug, a silver cream jug, and a silver table spoon, the property of the said William Simms , in his dwelling house . ++

Acquitted .

(2d. M.) He was a second time indicted for breaking and entering the dwelling house of William Williams , on the 3d of June , about the hour of nine in the forenoon, (no person being therein) and stealing a tea chest, two silver tea spoons, a silver milk pot, a pair of silver tea tongs, a half guinea, a quarter of guinea, 5 s. in silver and 5 s. worth of half-pence, the property of the said William Williams in his dwelling house .

It appeared on the evidence that the prosecutor was only a lodger in the house that was broke.

Therefore the prisoner was found guilty of single felony only . T .

508. (L.) ROBERT AYRES was indicted for stealing 80 lb. of lead, value 10 s. belonging to the mayor, and commonality of the city of London , May 8th . *

Guilty . T .

509. (L.) FREDERICK BOOTH was indicted for wilful and corrupt perjury . ++

Acquitted .

Catharine Graham , formerly convicted, on whom judgement had been respited, was discharged .

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

Received Sentence of Death, 15.

James Hancock , William Siday , William Paris , Francis Mascado , John Adshead , Benjamin Alsworth , John Hitchcock , Thomas Adams , Edward Jones , Edward Barry , John Waters , Joseph Guyant , Joseph Allpress , Mary Brayne , Charles Lockett .

Transportation for fourteen years, 1.

Jeremiah Wells .

Transportation for seven years, 20.

Thomas Price , Thomas Masters , John Bristol , David Allen , William Bedford , Joshua Dudley , Thomas Rooke , Robert Ayres , John Blackgrove , Ann Hudson , Elizabeth Jones , Elizabeth Young , William Drake , John Crow , John Cook , Richard Garbutt , Elizabeth Spurr , Benjamin Cox .

Branded, 2.

William Blackstone , William Atwood .

Branded and Imprisoned six Months, 1.

John Davis .

Catharine Graham , formerly convicted, on whom judgement had been respited, was discharged .

TRIALS at LAW, PLEADINGS, DEBATES, &c.

Taken Verbatim in Short Hand; Also the ART of SHORT WRITING compleatly and expeditiously taught By JOSEPH GURNEY , Bookseller, and Writer of these Proceedings, No. 54, on Holborn Hill;

Of whom may be had the eighth Edition of BRACHYGRAPHY or SHORT WRITING Made easy to the meanest Capacity, Price bound 8 s.

TRIALS at LAW, PLEADINGS, DEBATES, &c.

Taken Verbatim in Short Hand; Also the ART of SHORT WRITING compleatly and expeditiously taught By JOSEPH GURNEY , Bookseller, and Writer of these Proceedings, No. 54, on Holborn Hill;

Of whom may be had the eighth Edition of BRACHYGRAPHY or SHORT WRITING Made easy to the meanest Capacity, Price bound 8 s.