Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 16 September 2014), July 1772 (17720715).

Old Bailey Proceedings, 15th July 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 15th, Thursday the 16th, Friday the 17th, and Saturday the 18th of JULY, 1772.

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

NUMBER VI. 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 EDWARD WILLES , Esq. one of the Justices of his Majesty's Court of King's Bench *; Sir WILLIAM BLACKSTONE , Knt. one of the Justices of his Majesty's Court of Common Pleas +; JAMES EYRE , Esq. Recorder ++; 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 said City and County of Middlesex.

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

L. London, M. Middlesex Jury.

London Jury.

John Kidman

Benjamin Goddely

Thomas Pitt

James Martin

John Harrison

John Daniel

John Chunn

Marmaduke Storr

John Darencrook

Donald Cameron

Samuel Matthews

Redburn Tomkins

Middlesex Jury.

John Robertson

Samuel Cook

Robert Patterson

* Abraham Dakin

* Thomas Cowan

Edward Orgill

George Clarke

Robert Hanbury

Thomas Cubitt

Timothy Byrchmore

* Robert Timbrell

Samuel Harman

Philip Erwine served part of the time in the stead of Robert Timbrell ; John Hopley and John Dutton , in the stead of Abraham Dakin and Thomas Cowan , and William Edwards in the stead of John Hopley .

510, 511. (L.) ELIZABETH HARRISON and MARTHA SCOTT were indicted for stealing a silver watch, value 3 l. and four guineas and two shillings and sixpence in money , numbered, the property of Patrick Wise , June 6 . *

Both acquitted .

512. (M.) JOHN EUSTACE was indicted for stealing eleven yards of black silk lace, value 44 s. sixteen yards of narrow white thread lace, value 48 s. and nine and a half yards of broad thread lace, value 4 l. the property of Joseph Spencer , privately from his person , June 28 . +

Acquitted .

513. (M.) JOHN MOSELY was indicted for stealing a paper snuff box, value 20 s. and a gold ring , the property of William Parker Dye , June 5th . +

Acquitted .

514. (M.) CHARLOTTE BALDWYN , spinster, was indicted for stealing a copper pottage pot, value 6 s. a copper saucepan, value 1 s. and a pewter dish, value 1 s. the property of Joseph Odell , July 3d . ++

Joseph Odell . I am nephew to the prosecutor, who lives next door to the Angel Inn at Islington . I was alarmed in the morning on the 3d of July, and the prisoner was stopt in the yard with the things mentioned in the indictment upon her; they are my uncle's property. My business is to assist the graziers with their cattle; I got up early and saw the prisoner following a boy out of the fields; she said she came there to help an acquaintance to move off some things; then I saw these goods lying inside the gate against the wall; she said they were her acquaintance's; I said if they were, they should not be removed till day light; I ordered them to be carried into the house; I turned about something else, and did not lock the door: when I thought of it, I sent somebody to lock the door, and they met the prisoner taking off the things. (The goods produced, and deposed to by Odell, to be the property of the prosecutor.)

Francis Pitler . I live next door but one to the prosecutor's house. I heard a noise in the yard, and I saw the prisoner come over the wall, which adjoins to my house, and divides a skittle ground from Mr. Oldstock's; there are some pales which are easily got over; she had a quart saucepan in her hand; when she was coming over, I said, where are you going? she said, never matter you, they are my own. About ten minutes after that, there was an alarm that she had stole some things; I got up and found it was the same woman that I saw coming over the wall.

Prisoner's Defence.

I was going out to gather elder flowers for my master; a woman I met offered me 6 d. to watch these things, which she said she was removing to prevent her landlord seizing them. I only set by the things till I was stopt.

She called Catharine Phillips and Judith and Sarah Murdoch , who gave her a good character.

Guilty . T .

515, 516. (M.) ROBERT WALLIS and WILLIAM GEORGE were indicted for stealing a silver pint mug, value 39 s. the property of Samuel Pye , June 6th . ++

Samuel Pye . I keep the Sun and Bull in Oxford Road . On the 6th of June, about seven or eight in the evening, the two prisoners came into my house; they came through the tap room into the parlour; they called for a pint of beer and sat down, and staid till the other company were gone. The silver mug stood behind them; my wife moved it a-cross the room; the prisoners sat down by it; then they laid their heads together and whispered; I did not see my wife move the mug, but I saw it after it was removed; after some time Wallis went away; then George gave my wife a shilling; there was some squabble about the shilling; while they were disputing about the shilling, there was an alarm that the mug was gone. I suspect that the dispute about the shilling was an artifice, to give the other man time to get off. I stopt George; he told me the other man had got the mug, and confessed, that they were both concerned in it, and he gave me a direction where to find the other man; I went to a court according to his direction, I met Wallis there; I took him before the Justice; in the way, he took the mug out of the lining of his coat, and gave it me; (produced and deposed to.)

Q. from Wallis. Was not I in liquor?

Pye. I did not perceive they were either of them in liquor; after Wallis gave me the mug, he said, George put in his pocket.

Wallis's Defence.

I was in liquor; I don't know how the mug came into my pocket.

He called three witnesses, who said, he had lived in several gentlemens families, and gave him a good character.

George's Defence.

I know nothing about the matter; I am a gentleman's servant out of place.

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

Both Guilty . T .

517. (M.) HENRY TUDOR, otherwise SLINGSBY TUDOR , was indicted for that he on the king's highway, on James Hayssom did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a watch with a shagreen case, value 40 s. and two guineas and a half, and six shillings in money, numbered, the property of the said James . Dec. 12th . +

Acquitted .

518. (M.) THOMAS VENDOR was indicted for stealing twelve linen shirts, value 2 s. and eight linen handkerchiefs, value 6 d. the property of John Williams , July 1st . +

Martha Williams . I am wife to John Williams ; I am a washerwoman; the things mentioned in the indictment are the property of Dr. Hine, of Hatton Garden. I had occasion to call on Mrs. Reynolds, in Bleeding Hart Yard ; the linen was in a bundle; I put the bundle down upon the stairs; the street door was open; Thomas Collins came to me whilst I was talking to Mrs. Reynolds, and told me the bundle was stole; I went down, and John Dunfield brought the prisoner and the clothes back. (The linen produced and deposed to.)

Thomas Collins . I am an apprentice to Mr. Herbert, next door to Mrs. Reynolds; I was at work in the shop; I saw a young fellow fetching some water; I observed him go into Mrs. Reynolds's house; I saw the prisoner come out with this bundle under his arm; I sent Dunfield after him, who brought him back.

John Dunfield . I overtook the prisoner on Saffron Hill, with the bundle; I asked him where he got it: he gave different accounts; I brought him back.

Prisoner's Defence.

I met a lad who took me into the yard; he asked me to carry the bundle for him into Tooley Street.

Guilty . T .

519. (M.) THOMAS MASSEY was indicted for stealing a 36 s. piece, a canvas bag, value 1 d. four gold rings, value 28 s. and 50 l. and 6 s. in money, numbered, the property of Thomas Hillson , in his dwelling house . June 11th . +

Thomas Hillson . I keep the White Horse at Bow . On the 11th of June, between eight and nine at night, I heard a cry of thieves! thieves! I ran up stairs; when I got to the top of the stairs I saw my chamber door open, and my housekeeper down upon her knees, holding the prisoner round the waist; she appeared vastly frightened; she let him go when she saw me, and I secured him. I saw my bureau was broke open; I said, I am ruined! I am ruined! he said, no you are not, I will deliver up all I have taken from you; I held my hat, and he took the money and two rings out of his pocket; I locked the money up directly. I looked at it and counted it next morning; I found two rings next day, which were dropped near the bureau; when he returned it to me, there were 13 guineas in a bag; there was 19 l. 14 s. in silver, seven guineas and a half guinea, and a 36 s. piece; that money was loose. Mr. Elliot the high constable was in town; he was taken to him; when he saw the constable, he said he was a dead man.

Ann Church. I am housekeeper to Mr. Hilson. I went for candles up stairs; I unlocked my master's door, and saw the prisoner standing by the bureau; he had opened it by a picklock, and locked it after him; I had the right key. I said you d - g, what do you do here; he came to me and struck me on the side of my face. I catched him in my arms, and held him fast; he drawed me down three steps, and back again into the room; I called out for help; I never let him go till my master came; the door is always kept locked.

George Elliot . I am high constable for the Tower Hamlets; he was brought to me by one of my officers; he delivered me a bunch of picklock keys, which he said, he found upon the prisoner; I searched him and found two picklocks upon him; (producing a large bunch of picklocks about two dozen;) I have tried these and they open every door in my house. I found this knife upon the prisoner, ( producing a strong clasp knife with a square end like a chissel.)

Prisoner's Defence.

When I was taken before the magistrate, he said he was very sorry for me, and if I would tell of any body that was concerned with me, he would admit me an evidence. I confessed it before the justice.

Guilty . Death .

See him tried No. 321 and 645 in the last mayoralty.

520. (M.) JAMES CARTWRIGHT was indicted for that he, on the king's highway, on John Browman , did make an assault, with intent the money and effects of the said John, feloniously to steal . June 9th . +

John Browman . On Tuesday the 9th of June; I was attacked about twelve at night, by the prisoner, in Piccadilly , near Burlington House. I took coach the corner of Albemarle Street; the coach was stopt, and the prisoner came to the coach door, and demanded my money; I did not see that he had any weapons; I pushed my cane in his face; I struck him two or three blows, and called out, watch! and stop thief! upon which he ran away, and some men who were going by secured him.

Q. Are you positive the prisoner is the man?

Browman. Yes; I never lost sight of him.

Edward Head . I am the coachman that drove the prosecutor; I took the prosecutor up at the corner of Albemarle Street; he bid me drive him down Northumberland Street. The prisoner ran up to the horses, caught hold of the harness, and ordered me three times to stop; I did stop: then he ran up to the coach door, and ordered the gentleman to deliver, twice; he put his head in at the door; the gentleman struck him two or three times with his cane; then the prisoner ran away towards St. James's Street; I never lost sight of him.

Q. from the prisoner. Did I use any violence to you or the gentleman?

Head. No; only ordered me to stop; I did not see any weapon, though I supposed he had some, or I should not have stopt.

Prisoner's Defence.

I had been sick for eight or nine weeks; I was just come out of the hospital; I had been drinking with some friends, and having been ill it overcame me, and I was so intoxicated that I did not know any thing I did.

The prosecutor and Head both said that he did not appear in the least intoxicated.

For the Prisoner.

Joseph Crawford . I have known the prisoner between 20 and 30 years; he has worked for me. I never knew any thing dishonest of him.

Eleanor White . I have lived in the same house as the prisoner two years; he is an honest industrious man.

Guilty . T .

521. (M.) HENRY, otherwise SLINGSBY TUDOR was indicted for stealing a thickset frock, value 3 s. a thickset waistcoat, value 2 s. a pair of leather breeches, value 5 s. a scarlet flannel waistcoat, value 4 s. a linen shirt, value 2 s. a linen neckcloth, value 1 s. and a pair of silver buckles, value 10 s. the property of John Palmer , June 2d . *

John Palmer . I live at Whitechappel . I lost the things mentioned in the indictment out of my lodging, on the 2d of June last, while I was out. I left the door locked, and found it locked; it had been opened by another key.

George Elliot . I am high constable of the Tower Hamlets; I took up the prisoner on the 23d of June; he had at that time this scarlet flannel waistcoat on; (produced and deposed to by the prosecutor.) When I apprehended him he was filing this; (producing a picklock;) when he saw me, he threw it away.

Prisoner's Defence.

Massey, who has just been tried, and I, were carried together before justice Fell; Massey said before the justice, that he stole the waistcoat, and sold it me.

Mr. Elliot. Massey said, the prisoner and he stole the waistcoat together.

Guilty. 2 s. T .

See No. 517.

522. (M.) MARY CHAPPELERS , spinster, was indicted for stealing three blankets, value 10 s. a child's linen jam, value 1 s. a flat iron, value 9 d. a child's blue sattin cap, value 6 d. and a child's linen skirt, value 6 d. the property of John Frenshane , May 10 . *

John Frenshane . I am a journeyman coach-maker ; my wife died in child-bed, on the 2d of April, so I hired the prisoner as a servant , to take care of my children. I lost the things mentioned in the indictment; the prisoner had the care of them.

Thomas Craven . I am a pawnbroker; the prisoner pledged three blankets, and a jam with me, about the 16th of May, at different times. I sent her a groat on the jam, and 18 d. on the blanket; (producing them.)

Prosecutor. I can swear one of these blankets is my property; I know it by a stripe in it.

Prisoner's Defence.

I pawned these things in order to provide for the children.

Prosecutor. I paid her every night what she had laid out in the day.

She called Elizabeth Horn and Hannah Rogers , who had known her formerly, they gave her a good character.

Guilty . T .

523. (M.) JAMES RYER was indicted for stealing a cloth coat, value 10 s. a cloth waistcoat, value 5 s. and a pair of leather breeches, value 3 s. the property of John Errington , July 4 . *

The prisoner acknowledged in court that he stole the clothes mentioned in the indictment, and threw himself on the mercy of the court.

Guilty . T .

524. (M.) MARY JACKSON was indicted for stealing a linen shift, value 10 d. a child's dimity robe, value 10 d. the property of Sarah Barnard , and a linen apron, value 6 d. the property of Jane Armstrong , widow, July 3d. +

Sarah Barnard . I have a child at nurse, at Mrs. Armstrong's; I shifted myself there, in order to suckle the child, and left the shift; when I came again for my shift, it was missing; the prisoner was suspected; she was taken before Justice Wilmot, there she confessed stealing the things, and gave an account where they were pawned.

Jane Armstrong . I lost an apron at the same time.

Two pawnbrokers produced the several articles mentioned in the indictment, which were deposed to by the several prosecutors.

Prisoner's Defence.

I leave myself to the mercy of the court.

She called - Saltmarsh, who said he had known her formerly, that she had a good character then, and that he believed, real necessity was the cause of her committing the fact.

Guilty. 10 d.

[Whipping. See summary.]

525. (M.) JOHN DAY was indicted for stealing two iron pick axes with wooden handles, value 4 s. an iron shovel with a wooden handle, value 1 s. the property of Edward Roberts , an iron shovel with a wooden handle, value 1 s. the property of Isaac Noble , and an iron shovel with a wooden handle, value 1 s. the property of David Phillips , June 6 . +

Edward Roberts . I lost two pick-axes and a shovel in the night, between the 5th and 6th of June. Noble and Phillips were at work for me, near Marybone Bason ; they lost their two shovels at the same time; they were put over night in a coach house, that stands in a yard, which had a gate that locked up; we found the gate open next morning, and the tools mentoned in the indictment were missing. I went to seek after the tools, and William Bannister informed me, that he had taken up. Day early that morning with some tools upon him; (the tools produced and deposed to by the different owners, whose marks were on them.)

William Bannister . I am a watchman. I saw the prisoner on the 6th of June, about three in the morning. I saw the prisoner with some tools on his shoulder; I suspected him, and asked him what he had got? he said he had been working at the Gravel Pit; that his master and he had had some words, and he was going to seek for another place; I secured him. He said he had brought these things from Barnet and St. Albans; these tools were found upon him.

Prisoner's Defence.

My son-in-law brought the things to me, in order to set me out to work; I gave him 6 s. for them; I don't know how he came by them.

Guilty 3 s.

[Transportation. See summary.]

526. (M.) ELIZABETH FLOWERS , spinster , was indicted for stealing a linen shift, value 5 s. a laced hat, value 3 s. a muslin apron, value 2 s. a pair of linen shift sleeves, value 1 s. and a muslin handkerchief, value 2 s. the property of Richard Hughes , May 12 . *

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

Acquitted .

527. (M.) RICHARD DUNN was indicted for stealing a base metal watch, value 36 s. the property of Pointer Baker , June 11 . *

Pointer Baker . I am a watch-maker ; I lost a metal engraved watch, out of my shop, between: the 4th and 11th of June; the prisoner was turned over to me, and would have been out of his time in a few months; I advertised it, and offered half a guinea more for it than the real worth; in order to find out the thief; the prisoner ran away the Monday after I lost it; that made me suspect him.

John Scott . I am apprentice to a cabinet-maker I had a watch from the prisoner sometime ago; I had it here yesterday, but it was picked out of my pocket in the street as I went home; the prisoner told me, he had a watch in pawn; that if I would take it out of pawn, I might have it for the value; it was in pawn I understood for 15 s. at the corner of Half Moon Street; the prisoner fetched it out of pawn, and I gave him 15 s. for it.

Q. Was you acquainted with the prisoner?

Scott. I had a slight intimacy with him; I had entrusted him with several watches to mend, and he had brought them all back again but one.

Prisoner's Defence.

I never sold the watch.

He called Mary Dyer , - Kennedy, and John Gardiner; who all gave him a good character.

Guilty .

[Branding. See summary.]

528, 529. (M.) JAMES DEMPSEY and JOHN DEVINE were indicted for that they on the king's highway on Richard Glover , Esq ; did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a gold watch, value 14 l. a steel watch chain, value 2 s. two cornelian seals set in gold, value 50 s. a brass watch key, value 1 d. a paper machee snuff box, value 6 d. a silk handkerchief, value 6 d. and 9 s. in money, numbered, the property of the said Richard , June 26 . +

Mr. Richard Glover . On Friday the 26th of June, I was stopt about half after nine in a post-chaise, on the road between Kingsland Turnpike and Islington , by I thought four men; there were three or four, it was rather dusk; one thrust a pistol through the left side window of the chaise; he then opened the door; another man on the right opened that door likewise; then they both of them forced themselves into the chaise, bent over me, and rifled me; they took from me a gold watch, a chain, two seals set in gold, a paper snuff box, a handkerchief, and 9 s. in silver. I cannot take upon me to say who the persons were, it was late in the evening, and I am near sighted; I have seen my snuff-box since, when it was produced at Sir John Fielding 's.

Aaron Meyers . Last Saturday fortnight the two prisoners, and the accomplice Gore came to me, and asked me, if I would buy a gold watch, and a pinchbeck watch with a gold dial plate; I said, no. As I was going along. I met John Lyons ; he asked me what they wanted: I told him they had a gold watch, and a pinchbeck one with a gold dial plate, to sell; they had shewed me the watches. Lyons desired me to take them that had the watches into a public house; I took them into the Crown in Camomile Street. Devine had the gold watch, and Gore the other; they went into the house. Lyons desired me to keep the other out of doors, which I did, he asked me which had the gold watch about him; I shewed him. After he had looked over the gold watch, then Gore produced the pinchbeck watch; I sat in one box, they in another; Lyons offered six guineas for them both: they said no, they would have five guineas for the gold one, and a guinea and a half for the pinchbeck; he said, he would give them no more than six guineas; he put the watches in his pocket, and said, if they would go home with him, he would give them the money. He gave me sixpence to pay for two pints of beer, and bid me stay till they came back; I staid a quarter of an hour, but they did not come back.

Q. Did you know them before?

Meyers. No.

Q. How long was you in company with them?

Meyers. About a quarter of an hour.

Q. Can you be as positive to the man out of doors as to the men in the room?

Meyers. Yes; I sat under the window and looked at him; he was opposite me.

Q. from Dempsey. Did I say any thing to you?

Meyers. Yes; he said, shew me to ever a one, and we will satisfy you?

Q. What did he mean by ever a one?

Meyers. Ever a man that can buy them.

Q. from Devine. Did you see a watch upon me?

Meyers. Yes.

Q. Where did I take it from?

Meyers. Out of his watch pocket.

Q. What sort of a watch was the gold one, white enamelled, or gold dial plate?

Meyers. I did not take notice of that, it was a plain case.

Q. to Mr. Glover. Was yours a plain watch?

Mr. Glover. Yes.

Francis Gore . The prisoners and I went out on Friday night the 26th of June.

Q. Was any body else with you.

Gore. No; we went the Back Road from Islington and Highgate; we stopt a chaise behind Islington, in the Black Road ; there was a gentleman in it.

Q. Should you know the gentleman again?

Gore. No; when we came up to the chaise. I thought I saw the gentleman stoop, and I burst into the chaise with a pistol.

Q. Where you all armed.

Gore. No; only John Devine and I; we had pistols each; Dempsey and Devine ran round the chaise, and Devine jumped in at the other window; I was on the left hand side of the chaise.

Q. Who opened the door?

Gore. John Devine ; I opened the other door. Devine took from the gentleman 15 s. a handkerchief, a gold watch and a paper painted snuff box; then we desired the post boy to drive off, and we came straight to town.

Q. Was the post chaise going into the country?

Gore. No, coming to town; we came straight to town through the fields. The next night we sold the watch to one Lyons, a Jew, in Sweet Apple Court I think; it is in Bishopsgate street. We spoke to this man; he was going through the street, and he met Lyons. We went to a street on the other side Bishopsgate street.

Q. Did any words pass between the gentleman and you, when you robbed him?

Gore. Yes; I asked the gentleman if he had any more money: he said, no, he had been paying money in the country, and had no more; then I said we would search him; he pulled down the flap of his breeches, and said, Search gentlemen where you please. We just put a hand on the flap, and said it was no matter; we supposed he had no more.

Q. What did you get for this watch?

Gore. Five guineas; Lyons gave us five guineas for it; we sold him a pinchbeck watch with a gold dial plate at the same time, for which he gave us a guinea.

Q. from Dempsey. Did you ever see me speak to that man.

Gore. Yes; Devine had the watch, Dempsey was in company, and stood at the door whilst Devine and I went into the house; he went afterwards with us to Lyons's lodging, and stood at the door; Lyons's whore went out to change a 20 l. note, as she said, and Dempster followed her.

Q. to Mr. Glover. You did not mention any conversation that passed at the time you was robbed?

Mr. Glover. No; I confined myself merely to the fact, that I might not lead the accomplice; I have never yet mentioned the conversation; it was nearly the same as the accomplice has related; one of them did ask for my pocket book, which I gave him; I told him it contained nothing but old letters; one opened it; said he, Sir, will you tell us where we may send it to you to-morrow morning; I said that was unnecessary, for it contained nothing but old letters, upon which he returned it to me.

Q. to Gore. Do you remember any thing about the pocket book?

Gore. No; I did not see it.

John Heley . On the 9th of this month, Gore came up to Sir John Fielding 's, and surrendered himself; he gave an account of a number of robberies, and among them, of this on Mr. Glover; he said he knew where to take two of the persons immediately; accordingly Mr. Bond, Mr. Taylor and I, went to the White or Black Horse, (I don't know which it is) in Bell Yard, Temple Bar; as soon as Mr. Bond went into the house, he laid hold of Dempsey by both hands; I put my hands into his inside coat pocket, and took out this pistol, loaded with powder and a ball (producing a pocket pistol.) They were setting together at a box.

Q. What is Dempsey's business?

Heley. I heard he was a writer to a stationer ; the evidence told me that Devine's wife, or woman that he lived with, had pawned a paper snuff box, that they took from Mr. Glover.

Q. What is Devine?

Heley. A shoe or clog maker I believe. I went and took Devine's woman into custody, and she said she pawned a paper snuff box at Mrs. Rochford's; I went with her there, and there I found it.

Q. Had Devine any weapon about him?

Heyley. He had none that I heard of.

Mary Highland . I am a married woman, my husband is abroad *; I have lived with Devine almost a twelve-month. Francis Gore , James Dempsey and Devine, were altogether at a public house, in Drury Lane; I went there to ask Devine to come home to work; Dempsey took out a snuff box, emptied the snuff, and gave it me to pawn, and I pawned it for 6 d. at Mrs. Rochford's.

* Her husband was transported.

Q. What sort of a box was it?

Highland. I had it but a short time; I should not know it again if I saw it.

Q. What name did you pledge it in.

Highland. I am not sure whether I pledged it in my own name or Devine's.

Q. from Devine. Did you ever see a pistol of mine?

Highland. No; he never even carried a knife about him.

Q. What is Devine's trade?

Highland. A shoe and clog maker.

Q. What is Dempsey?

Highland. A clerk. Gore is a carpenter; he is a very late acquaintance of Devine's. I got this black eye on account of Gore, because I would not let Dempsey come up in my room; I did not like him.

William Dry . I took this snuff box in pawn, from Mary Highland , on the 27th June, upon which I lent her 6 d. (The snuff box produced and deposed to by the prosecutor.)

Dempsey's Defence.

I know nothing at all about it; Gore gave me the pistol a little before they took me.

Devine's Defence.

I am quite innocent; Gore wants to swear my life away, because I caught him lying with Highland, and struck him.

For Dempsey.

Benjamin Gough . I am an attorney; I live in Academy Court, Chancery Lane; Dempsey was a clerk to me; he always behaved very honest by me.

Q. How long is it since he has done any business for you?

Gough. About two months.

Q. Did you employ him constantly?

Gough. No.

Edward Perkins . I take in writing for gentlemen and stationers; Dempsey has wrote for me; he always did my business well; I know no more of him.

John Alcock . I live in Chancery Lane; he has wrote for me within this two months; I never heard any thing dishonest of him before.

Devine called William Mole and Ann Mole with whom he lodged, who gave him a good character.

Both Guilty . Death .

(M.) JOHN DEVINE was a second time indicted for that he on the king's highway, on George Gregory , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a silver watch, value 3 l. a steel chain, value 1 s. a cornelian seal set in silver, value 6 s. a silk handkerchief, value 1 s. and 10 s. in money, numbered, the property of the said George , June 6 . *

There being no evidence to bring the charge home to the prisoners, but the accomplice, he was

Acquitted .

(M.) JOHN DEVINE was a third time indicted, for that he in a certain field and open place, near the king's highway, on John Jenkins , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person, a base metal watch, value 20 s. a black watch string, value 1 d. a cornelian seal set in gold, value 20 s. and 3 s. 6 d. in money, numbered, the property of the said John , June 22d . *

John Jenkins deposed,

"that he was robbed

"on the 22d of June, near Islington , about

"nine at night. Two men came up to him,

"one held a pistol to him and collared him,

"and the other robbed him of a watch, with a

"gold cornelian seal, and 3 s. 6 d. in money;

"that the dial plate of the watch was either

"gold or metal gilt; that he desired to have

"his pocket book again, and they told him

"they would return it by the Penny Post, and

"that he accordingly received it a day or two

"after by that conveyance."

Aaron Meyers gave the same evidence as on the the first trial.

Francis Gore , the accomplice, deposed,

"that

"the prisoner and himself robbed the prosecutor;

"that the watch they took from the

"prosecutor, they sold to Lyons, and that he

"sent the prosecutor his pocket book by the

"Penny-Post."

The prisoner said nothing in his defence.

Guilty . Death .

530. (M.) MARY BIGGS , spinster , was indicted for stealing 96 copper halfpence , the property of Eleanor Alkins , widow , June 6 . +

Eleanor Alkins . I keep a public house ; the prisoner was my servant for about two months; she went away on the 6th of June; I missed six shillings worth and a penny in halfpence, out of my till in the bar. I had put a guinea's worth of half pence into the till, at eleven o'clock over night; I found the drawer locked in the morning; as soon as I opened it I missed the money; I immediately charged the prisoner with having taken it; I told her if she would return the money she might go about her business; she denied it, and was angry at my suspecting her; then I threatened to send for a constable, and did send for one; we opened the drawer where she kept her things, and there we found 121 halfpence, tied up in her own handkerchief; the constable found a key upon the prisoner's bunch, which opened the look of the till in the bar; then she confessed she took the halfpence that morning, but said she did not take them for want.

Henry Landaway , the constable, confirmed the evidence given by the last witness.

The prisoner called three witnesses who gave her a good character.

Guilty . T .

531. (M.) ANN HICKS otherwise WHITE , spinster, was indicted for stealing a silk gown, value 8 s. a linen gown, value 8 s. a linen apron, value 1 s. and a silk handkerchief, value 1 s. the property of John Brailsford , June 18 . *

John Brailsford . The prisoner was my servant ; my wife and I went out on the 18th of June, between seven and eight in the evening; when we came home again before nine, the maid was not at home; she did not come home all night; (I live in St. Martin's Court, St. Martin in the Fields;) not coming home all night, my wife in the morning opened her drawers, and she missed several things; my wife and I went in pursuit of her; we heard she was connected with a soldier, in Tothil Fields-Bridewell; we went there, and there we found her; she had my wife's petticoat and an apron upon her; she cried and confessed stealing the things.

Q. Was any promise made to her about shewing her favour?

Brailsford. No, none; we had her directly before Sir John Fielding , who committed her.

Ann Brailsford . I am wife to the last witness; I missed two gowns, one silk and one cotton, an apron and an handkerchief, (producing them;) we found them at the pawnbroker's by her direction.

Q. How long had she lived with you?

Brailsford. One month and two days.

Q. What age is she?

Brailsford. I think she says near 21; she comes from the Isle of Wight; I had a character with her, from a place she had lived in in London.

Francis Swingwood . The prisoner pledged these two gowns and a handkerchief with me, on the 18th of June, for 14 s. she had been at our shop once or twice before.

Prisoner's Defence.

I acknowledge that I am guilty of the fault; I never was guilty of any thing of the kind before; I am sorry I have done it now. When I informed my master of it, he promised me pardon; I have no friends in London to appear for me.

Guilty .

[Transportation. See summary.]

532. (M.) THOMAS BOWYER was indicted for breaking and entering into the dwelling house of John Youins , on the 9th of June, about the hour of twelve in the night, and stealing 30 lb. of pickled pork, value 15 s. the property of the said John, in his dwelling house . *

John Youins . I keep a public house at Poplar ; on the 9th of June the prisoner came to my house, I let him out about half after eleven o'clock, and then I went to bed. I was up first next morning; I found the back door open; there is no lock to it, there is a bolt withinside; I bolted it as soon as it was dark; there is a hole cut in the door about eight inches square, with bars to it, to let light into the cellar; I found one of the bars was loose; he might put that aside, and so put his hand in, and turn back the bolt; I never observed the bars were loose before. I got up about a quarter before four that morning; it was done after three-quarters after eleven, and before four in the morning. I saw the pork the day before that; there was about 30 lb. of it; some workmen told me, when I got up, that the prisoner was gone away heavy loaded.

Q. Was it quite light when you got up?

Youins. Yes; and the workmen said they saw him just before I got up.

Q. Are you sure you put him out that night?

Youins. Yes.

Q. Did you know him before?

Youins. Yes, he used my house; I never knew any harm of him before.

Lydia Youins . I saw him over night; I heard he lay at our gate that night; I believe he was in liquor.

Dennis Crelly . I attend Mr. Sherwood's office; on the 20th of June I went with a search warrant to where the prisoner lives, and there I found this pork, in an earthen pan in the prisoner's apartments; (producing three pieces of pork.)

Prosecutor. I believe one of the pieces to be my property; I cut it up, and here is a cut I remember I made in a piece of my pork just like this produced.

Phineas Morgan . I was at work at the back of Mr. Youins's house that night; I saw him turn the prisoner out about eleven o'clock at night; I saw him again about a quarter after three; he came to us, as we had a fire, to warm himself; he was shaking with cold; he said he had lain in the boat all night; he staid about seven minutes; then he jumped over the ditch and left us; he had something in his trowsers pocket that appeared to be very heavy. I told Mr. Youins when he got up, that the prisoner had been on board an India man, as I supposed, and got loaded.

- Turner. I went with Phineas Morgan to search the prisoner's apartments; we found the pork there that has been produced.

Prisoner's Defence.

I went to sleep in the street at night; when I awaked in the morning, I went to the fire to warn myself. I bought the pork early in the morning of a man I met; I did not know it to be stolen.

Guilty of stealing only . T .

533, 534. (M.) OWEN COSGROVE and MARGARET CASSADAY , widow, were indicted for breaking and entering the dwelling house of Michael Doyle , on the 9th of September, about the hour of twelve in the night, and stealing a wooden box, value 1 s. four muslin aprons, value 20 s. four muslin handkerchiefs, value 10 s. six linen handkerchiefs, value 6 s. six lace caps, value 9 s. twelve plain linen caps, value 12 s. two linen shifts, value 5 s. four pair of linen shift sleeves, value 4 s. six brass candlesticks, value 6 s. twenty-seven pewter plates, value 13 s. two crown pieces and two half crown pieces, the property of the said Michael Doyle ; two wooden boxes, value 1 s. three silver table spoons, value 21 s. six silver tea spoons, value 6 s. one silver tea strainer, value 1 s. one pair of silver tea tongs, value 1 s. two pair of silver studs, value 1 s. one pair of silver shoe buckles, value 5 s. one dimity waistcoat, value 2 s. two linen shirts, value 5 s. three pair of worsted stockings, value 3 s. one pair of worsted mittens, value 4 d. eleven guineas, eleven half guinea, three crowns, and a silver dollar, value 4 s. the property of Thomas Doyle , in the dwelling house of the said Michael , Sept. 10 . *

Both acquitted .

535. (M.) ROBERT JONES was indicted for feloniously making an assault on Francis Henry Hay , an infant of the age of thirteen years , and, against the order of nature, carnally did know the said Francis Henry Hay , and with the said Francis Henry did commit that detestable and abominable vice, not to be named among Christians, called buggery, against the statute, &c. June 16 . *

Francis Henry Hay - Sworn.

Q. How old are you?

Hay. I shall be thirteen next January.

Q. I suppose you can say your catechism?

Hay. Yes.

Q. What are you sworn for, are you to tell the truth?

Hay. Yes.

Q. What do you know against the prisoner?

Hay. I was walking up St. Martin's Lane, I believe on Tuesday.

Q. Did you go to school?

Hay. Yes, I did. I live with my uncle a jeweller in Parliament Street. I met Capt. Jones the prisoner, in St. Martin's Lane; he told me he had a buckle to mend.

Q. How long is that ago?

Hay. I believe about a month ago; he took me up stairs into his lodgings, in St. Martin's Court ; he took me into his dining room, and he locked the door.

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

Hay. No; he always used to look at me, and give me halfpence when he met me; he pulled down my breeches and then his own.

Q. Was not you frightened at this?

Hay. Yes, I was a little. He set me in an elbow chair; he set me down and kissed me a little; then he made me lay down with my face on the chair, and so he came behind me; he put his c - k into my b - e.

Q. Did you submit to it quietly, or make any resistance?

Hay. I submitted to it quietly.

Q. How long might he keep it in your b - e?

Hay. About five minutes I believe.

Q. Was he quite in?

Hay. A little.

Q. Was he in at all?

Hay. Yes.

Q. Did you find any thing come from him?

Hay. Some wet stuff that was white; I wiped it off.

Q. Can you describe to the jury how far it was in your body?

Hay. No.

Q. What did you wipe the wet off with?

Hay. My shirt.

Q. You are sure it was in you?

Hay. Yes.

Q. What did he do after this?

Hay. He spouted some on the ground.

Q. Did he spout some into your b - e?

Hay. Yes.

Q. What did he do after this?

Hay. He set me down in the elbow chair, kissed me a little, and gave me some halfpence, about a groat, and told me not to tell any body.

Q. How long did you stay?

Hay. About half an hour.

Q. Did he attempt to do any thing more to you?

Hay. No, not then.

Q. Was any body in the house besides?

Hay. Yes.

Q. How came you not to cry out?

Hay. I was ashamed.

Q. Had ever any body served you in this manner before?

Hay. No.

Q. Did you tell your uncle, or any body, when you came home?

Hay. No.

Q. How soon did you go again?

Hay. He desired me to come next day; I went; he unbuttoned my breeches again, and then his own.

Q. What time did you go next day?

Hay. About eleven o'clock; he made me rub his c - k up and down till some white stuff came again.

Q. At the time he put his - into your b - e, it was stiff and hard, was it?

Hay. Yes.

Q. Did he attempt any thing behind then?

Hay. No.

Q. How long did you stay with him then?

Hay. About ten minutes.

Q. You quietly submitted to all that?

Hay. Yes; he gave me the buckle and some halfpence then, and desired me to come again next day; I went next day about eleven o'clock, he told me to come at eleven; he unbuttoned his breeches again, and mine too; he did the same again that time as he did the last day.

Q. When did you discover this?

Hay. I was taken very ill after this; I was ill a week; I had a pain in my thighs and legs that I could not stand. About a fortnight ago, after I was well, he came to the shop one day, and looked on the show glasses; he did not speak to me, I was serving a customer; he bespoke a shirt buckle of my uncle; it was to be sent home to him; my uncle ordered me to go with the buckle; I told him he had better go, and perhaps he might get the captain's business.

Q. When you went so willingly two days together after the first offence was committed, how came you to make the objection to go now?

Hay. I was afraid he would serve me the same thing again.

Q. How came you to object to go now and not before?

Hay. He told me not to tell of it, and I was ashamed; the reason was because I was so ill.

Q. Did you think you had been doing a wrong thing?

Hay. Yes; as soon as he left the shop I told Mr. Rapley of it; he is a jeweller in Tottenham-court-road; directly after I had spoke to my uncle.

Q. What time was it the captain came to look at the shew glass?

Hay. About twelve o'clock.

Q. How came you to tell Mr. Rapley, and not tell your uncle?

Hay. I was ashamed to tell my uncle.

Q. Did you go there before dinner?

Hay. Yes.

Q. Did you tell your uncle the whole story, how he had served you these three times?

Hay. I told him what he had done to me the first time, but not the three last times.

Q. How came you to tell it now, when you kept it a secret so long.

Hay. I thought I would tell of it all the while, but I was ashamed.

Q. Did you think you had been doing a wrong thing with him.

Hay. Yes.

Q. Then how came you to go of your own accord the second and third times?

Hay. I thought my uncle might get business by it.

Q. Where does your mother live?

Hay. In Tavistock-street.

Q. Had you seen her often?

Hay. Yes.

Q. How came you not to tell her?

Hay. I was ashamed.

Q. How long had you been acquainted with Mr. Rapley?

Hay. About a year.

Q. Was you very intimate with him?

Hay. Yes.

Q. Did you tell it any body else?

Hay. Yes; the next day after I had told Mr. Rapley, I told Mr. Brast.

Q. Are you intimate with him?

Hay. Yes.

Q. Do you know what trade he is?

Hay. No.

Q. How soon after you told them was Capt, Jones taken up.

Hay. That was about a week.

Q. Had you or your friends been with the captain after you made this discovery?

Hay. No.

Q. When you discovered this to Mr. Brest first, did you discover the whole of the transaction?

Hay. The whole of it.

Q. Did any thing more happen than what you have told us now?

Hay. No.

Cross Examination.

Q. Had you ever seen him before you met him in St. Martin's Lane?

Hay. Yes.

Q. That was the day you went home to his lodgings?

Hay. Yes.

Q. Did you see any body there?

Hay. No body up stairs?

Q. Any body below.

Hay. Yes; the mistress of the house.

Q. Was it a shop?

Hay. Yes.

Q. And other people there?

Hay. I saw no body else.

Q. How long do you think you was there?

Hay. Half an hour, I believe.

Q. The mistress of the house saw you come in?

Hay. Yes.

Q. Did the mistress of the house see you go out again?

Hay. Yes.

Q. You said nothing I suppose to her?

Hay. No.

Q. Nor had no marks of having been crying, or any thing of that?

Hay. No.

Q. You did not call out, or cry out, did you?

Hay. No.

Q. You knew the woman of the house was below stairs, and if you did call, it would be heard?

Hay. Yes.

Q. You said he put his c - into your b - e?

Hay. Yes.

Q. Did he hurt you?

Hay. A little.

Q. Was it against your b - e or in?

Hay. In a little way.

Q. Who washed your linen?

Hay. One Mrs. Jerret that washes for the family.

Q. You never heard any thing of your linen being taken notice of?

Hay. No.

Q. You found no inconvenience afterwards, was you sore?

Hay. Yes.

Q. Where was you sore?

Hay. I straddled as I walked.

Q. That was never taken notice of by your uncle, or any body in the family, was it ever mentioned?

Hay. No.

Court. Did you find yourself sore after the first time you was at the captain's lodgings?

Hay. Yes, directly afterwards.

Q. You say you wiped something from your b - e with your shirt?

Hay. Yes.

Q. And it was white?

Hay. Yes.

Q. You said the captain squirted something on the ground?

Hay. Yes, he did; not much; that was white.

Q. What part did you wipe it off of?

Hay. About my thigh.

Court. Did you find any wet come from him while in your b - e? You must remember you are on your oath, and the prisoner's life is at stake on what you are saying, therefore don't say any thing that is not strictly true; where did you wipe the wet from?

Hay. From the hole.

Court. You are sure of that?

Hay. Yes.

Q. How came you to say it was on your thigh?

Hay. Yes, it was on my thigh on the hole.

Q. Was your soreness over before you was taken ill.

Hay. No, I had it all the while I was ill.

Q. How soon after this was you taken ill?

Hay. About a week afterwards.

Q. Did any surgeon attend you?

Hay. No I got well in a week.

Q. That illness was pains in your thighs and legs?

Hay. Yes.

Q. What did you say to your relations about it?

Hay. I thought it was the cramp.

Q. When was the captain taken up?

Hay. A week after I told Mr. Rapley.

Q. What did you tell Mr. Rapley?

Hay. I told him I was going up St. Martin's lane.

Q. Did you tell him the same story as you have told here now?

Hay. I told him as to the first time.

Q. Did you tell what was done to you the first time?

Hay. Yes.

Q. And it was a week after that, that Capt. Jones was taken up?

Hay. Yes.

Q. Can you account for it, why he was not taken up for a whole week after your telling this story?

Hay. I do not understand it?

Q. You are sure you told Mr. Rapley the same story as now?

Hay. Yes; my uncle was backwards, and as soon he came into the shop, he told my uncle what a sad affair had happened?

Q. The first time you told Mr. Rapley, did you go to his shop, or tell him at your uncle's shop?

Hay. In my un cle's shop.

Q. How long had the captain been gone at that time?

Hay. I believe about five minutes.

Q. How long is it ago that you told this story to Mr. Rapley?

Hay. A fortnight ago.

Q. Do you know when he was taken up?

Hay. Last Tuesday.

Q. If you had been hurt the first time, how came you to go the second?

Hay. Because he always used to give me money?

Q. Had you no shame nor remorse?

Hay. I was quite ashamed of it when I was with him?

Q. But when you went the second time?

Hay. I went for the buckles, he ordered me to come for them.

Q. Did you see the mistress of the house the second time?

Hay. Yes.

Q. You went up stairs?

Hay. Yes, and then he locked the room door.

Q. Did you ask the mistress of the house if he was at home?

Hay. Yes; she said he was, and I went up: he told me to come up stairs to him.

Q. Do you say that on a perfect knowledge of what you are saying?

Hay. Yes.

Q. Was any hour appointed for you to come?

Hay. Yes, eleven o'clock.

Q. And it was three weeks before you discovered it?

Hay. Yes.

Q. Did you ever meet him before?

Hay. Yes; in St. Martin's-lane and he gave me 2 d.

Q. Do you recollect that ever you saw him before the Tuesday you went to his house?

Hay. Yes.

Q. And afterwards during the three weeks you saw him?

Hay. Yes.

William Mercer . I am this lad's uncle; he has lived with me about half a year; he lived formerly with his grandfather opposite where the prisoner lodged.

Q. How has the boy behaved himself since he lived with you?

Mercer. Very well; he has been a good boy.

Q. What is his character for veracity?

Mercer. Very good.

Q. He is not a lying boy is he?

Mercer. No.

Q. You have not caught him in lies?

Mercer. No; when I came in with Mr. Rapley, I saw the boy behind the counter; Mr. Jones was looking into the shew-glass; I told the boy, there was his friend Mr. Jones; I asked him why he did not speak to him; he said he did not like it, and made several evasions, he was ashamed and such as that, which I thought was the boy's bashfulness; the captain afterwards came in, looked at the shirt buckles, and bespoke one; I was to send it home: after which, the boy said he hoped I would carry it home myself; I asked him, why? his reply was, that perhaps I should get some more of the captain's business by so doing. I went out of the shop backwards.

Q. When was this?

Mercer. I believe about a fortnight ago; when I came back, Mr. Rapley said, the boy had been ill used, he believed there had been an attempt to commit buggery upon him.

Q. If this discovery was made a fortnight ago, how came you to stay so long before you took the captain up?

Mercer. The next day Mr. Brest called upon me; I thought it proper to communicate it to him sooner than any body else, I did not tell it to him, because I did not know the story; I rather chose the boy might tell it another person, then me, as I thought he might be ashamed, and not tell me the truth. I told the gentleman, he said he was going further and would call again, and desired me to bid the boy tell him all the truth. He came, and the boy did; then he told my father (the boy's grandfather) of it; after that we went to one of the justice's of the peace.

Q. How soon was the application to the magistrate after this discovery?

Mercer. Two or three days.

Q. What justice was the application made to?

Mercer. Justice Mercer.

Q. The captain was not taken up till last Tuesday I believe.

Mercer. No, Mr. Mercer desired we might consider minutely on it, and not do any thing rashly.

Q. Was you present when the captain was apprehended?

Mercer. No; I was at the justice's.

Q. You did not discover any awkwardness in the boy's gate?

Mercer. Yes, he walked lamish.

Q. What immediately?

Mercer. No; I believe about a week, the Sunday after.

Q. He had a general pain all over his limbs.

Mercer. Yes.

Q. He complained of a pain in his feet, thighs and legs?

Mercer. Yes.

Q. The boy had a good education?

Mercer. Yes.

Q. Can he read and write?

Mercer. Yes.

Q. Is he a sensible boy?

Mercer. Yes, rather so than otherwise.

Q. Has he told this story pretty much the same to all of you?

Mercer. Yes he has; he has told it to me, Mr. Brest and Mr. Rapley.

Q. I suppose his linen was washed before this discovery?

Mercer. Yes, a long time.

Q. You never heard that any blood was found on his shirt?

Mercer. No; I never heard any thing of it?

Q. You have heard the boy's story here; did he tell the story the same to you as he has done here?

Mercer. As near as I can recollect.

Q. Did he tell the story to you, that the captain was in his body?

Mercer. Yes.

Q. And that he wiped some wet off?

Mercer. He did not tell that to me, I heard it from others that he told it; I rather chose he should tell the story to other people.

Cross Examination.

Q. Do you say you never observed any aukwardness in his gate till the pains in his legs; and when he went these days to the captain, you did not observe any thing of it?

Mercer. No.

[ Francis Henry Hay again.]

Court. I suppose you know you evidence, if the jury believe it, may take away the life of the prisoner; consider his life is at stake; I ask you if what you have said is true?

Hay. Yes, it is true every word of it?

Court. Do you conceal nothing?

Hay. I have told all the whole truth.

- Rapley. I was in the shop when Capt. Jones bespoke a shirt buckle.

Q. I believe Mr. Mercer went backwards after the captain was gone?

Rapley. Yes.

Q. Who was in the shop?

Rapley. The boy and me; the boy expressed a wish; (I believe that was his word;) "I wish my uncle would not let me carry the buckle home." I asked him, why? he would not answer me; I repeated the question several times; he said then, he was ashamed.

Q. How long was it before he did tell you?

Rapley. It was two or three minutes before I got any thing from him, then he said the captain hurt him.

Q. Did he cry or any thing?

Rapley. No, he turned his head from me; I asked him how he hurt him; he still persisted he was ashamed; I insisted on knowing how he hurt him, otherwise I would inform his uncle; he then, after my further persisting in knowing it, said he would tell me, if I would promise not to tell his uncle, but still evaded it; I then shifted on it that I would tell his uncle, and get him to hear the story from him; he then told me, that after meeting the captain in St. Martin's-lane, he went home with him, took him on his knee, unbottoned his breeches, and unbuttoned his own, and hurt him that way: I asked him how; he then said, with his c - k: I asked him, where; he persisted he was ashamed; I then called it by the vulgar name of a - e; he said he hurt him there, by shoving against him; I asked if it was there, he said, yes. I asked him if he had ever been there after that time.

Q. Did he say any thing about any wet?

Rapley. I did not question him as to that, neither did he mention that to me.

Q. Did he say where he shoved him, or how he laid him down?

Rapley. He did not tell me of laying him down.

Q. Did he say how long he stayed with the captain the first time?

Rapley. He said he was there some time, that the captain locked the door as soon as he got in; and he had been there two or three times besides. I asked him if he ever served him so again; he said he always took his breeches down, likewise his own, but no further.

Q. Have you been frequent in the boy's company?

Rapley. Yes; by seeing him at his uncle's.

Q. Do you know whether he is a boy of veracity or used to tell lies?

Rapley. I never knew him any other then to tell truth.

Cross Examination.

Q. When he gave you this account, he said only that he had shoved against him?

Rapley. And hurt him by shoving.

Q. He said nothing of his penetrating his body?

Rapley. I did not ask him, nor he did not tell me.

Q. You heard nothing of this story of the wet?

Rapley. I have heard it but not at that time.

Court. When did you hear that first?

Rapley. After having informed the uncle, he set a friend, Mr. Brest, to enquire more particularly of the boy. The uncle coming into the shop, at the time I had heard from the boy what I have related, prevented my further enquiry.

Q. From his account, by what you told the uncle, you thought it an attempt only?

Rapley. Yes.

William Brest . I am a book-keeper to Mr. Prater, at Charing Cross; I have known the boy from his cradle.

Q. Is he a boy of veracity?

Brest. I know he used to tell the truth if he had committed any little fault in the family, if asked to tell the truth afterwards.

Q. You was desired by the uncle to examine him respecting this charge of Capt. Jones. I believe; when was that?

Brest. Last Tuesday was se'ennight I examined the boy, at his uncle's.

Court. Tell the story particularly.

Brest. I had business with Mr. Robinson, in Parliament-street; I called on Mr. Mercer to ask him how he did; he told me a terrible accident had happened, and gave me a little item of it; he said the party was Capt. Jones, who appeared in the character of Punch at the Masquerade. I told him I was going farther, and would call again; he said in the intermediate time, he would speak to the boy, and order him to tell me nothing but the truth. I called again on my return, and took the boy into the parlour; we were by ourselves. I asked him if he knew there was a God; he told me, yes. (I know the family is a religious one, and the boy is obliged to go with them to church every Sunday, and is afterwards kept at home to read his catechism and the like.) I asked him, if he knew the consequence of telling a lie? he told me, yes; I said do you know what you are going to say? he said, yes; he was going to say nothing but the truth. I said if you call God to witness to an action that you are going to tell against Mr. Jones, it is either truth or a lie; the consequence of it will be, you will terminate either his fate or your happiness, and be particular. I told him as he began his story again, that bad people went to hell, and good people to heaven. I mentioned these things by way of caution to him, that he might utter nothing but truth. He then told me Capt. Jones met him in St. Martin's-lane, and told him to go home with him, that he had a buckle to mend; that he went; Capt. Jones locked the door as he went in. Capt. Jones pulled down his breeches and his own; that he took him on his knee, (to the best of my knowledge;) put his hand on his c - k, and took the boy's hands and put them on his own, and rubbed it till some wet stuff came; that he then, on the wet stuff coming from him, kissed him; that he turned the boy; I believe the boy told me the intermediate time of that was about ten minutes; he turned him on his face in an elbow chair; he then put his c - k to his a - e hole, that was the language of the boy; that he there pushed, and made it hurt him; that he got off presently, and that there was wet, which he wiped off with the tail of his shirt. I asked him if the captain's - was in his body; his answer was, he found it hurt him. I asked him particularly at that time, whether he found it in him; he said it hurt him exceedingly, that he could not walk, and he believed it was; I then interrogated him very minutely, respecting its being in him; he said it was, and hurt him, and that he wanted to strike him, or push him away, or to that effect.

Q. Then he said positively it was in him, did he?

Brest. Yes; and he said the wet was at his a - e hole, and he wiped it off with the tail of his shirt. I cannot remember whether he said he himself put his breeches up, or whether the prisoner did.

Q. Did he tell you how long he was there at that time.

Brest. Half an hour to the best of my knowledge; that then the prisoner gave him four pence, I think, and a halfpenny; that the prisoner desired him not to tell any body, but bid him come again in the morning. The boy told me to the best of my knowledge, that he went next morning; however that he went twice more; that each time he robbed him, as he had the first time he went, and that the white stuff fell upon the carpet, but nothing more.

Cross Examination.

Q. When the boy told you this story, he said he had pushed at him in the elbow chair, was that his expression?

Brest. Yes.

Q. And he said nothing more till he was asked several times about it, did he give you an answer?

Brest. Yes; with the greatest case without any emotion.

Q. Did he answer in the negative the first time?

Brest. When I asked him any question, I told him he must consider the consequence of telling this story, as it might be made public.

Q. At the first did he deny that the captain had entered him?

Brest. No; he did not.

Q. How often did you put the question to him, whether he had been in his body, before he said he had?

Brest. I cannot be certain as to that; I said if you are sure the captain did not put it in your b - e say so, if he did you must know, tell me whether he did or not; the boy said he did.

Q. Then he was told by you, that the chief matter turned upon it, whether he entered his body or not?

Brest. I said a man's life depended upon it if he spoke true; he said, will he be hanged? I said yes, if what he said was true; he said well, he had told the truth.

Q. But it was some considerable time before he said this?

Brest. It was not more than three minutes. I was in a hurry, and desired the boy to be quick and explicit.

Q. When he told you this, did you believe him.

Brest. Yes.

Q. How long was it before you applied to a magistrate?

Brest. I did not apply to any; his friends I believe did; the grandfather knew of it; I cautioned him to take advice. I took him to a particular friend of mine, a gentleman of fortune, who knew Captain Jones by same; he said every body, guilty of that crime, ought to be brought to justice; they took the advice of justice Mercer.

Q. Is justice Mercer here?

Brest. No. Mr. Bishop was present at the time, I believe.

Mr. Bishop. I know nothing of it, but what I heard from justice Mercer.

Prisoner's Defence.

I have some witnesses to prove my attachment to women, and my landlady can prove the boy was never a minute in my lodgings.

For the Prisoner.

Epiphania Dobson . Captain Jones has lodged with me these eight years, at times, when he has been in England.

Q. Do you remember that little boy coming to the lodgings.

Dobson. Yes.

Q. He says he was three times at the lodgings.

Dobson. I do not remember that; I remember his coming once, I believe twice, but I will not be positive; when he came in the first time, I hardly knew him at first; I said to him, Frank, is it you? he said he came about a buckle, or some such thing; I said go up.

Q. Can you tell what time of day it was?

Dobson. No. He went up stairs.

Q. Do you remember his coming down again.

Dobson. No.

Q. Was you in the house for some time after he was up stairs?

Dobson. Yes.

Q. Did you hear any noise, or crying out, or any noise of feet, as if there was struggling.

Dobson. No.

Q. Where was the Captain's apartments?

Dobson. He had a dining room and a bed-chamber; the dining room is over the shop, and the bedchamber over the parlour.

Q. If there had been any noise or struggle should you have heard it?

Dobson. I think I must have heard it.

Q. What shop do you keep?

Dobson. A china shop.

Q. Is there a carpet in the dining room?

Dobson. Yes.

Q. Does it go all over the room?

Dobson. Almost, it does not go under the chairs.

Q. Had you any suspicion of the captain of any thing of this kind?

Dobson. No; I should not have thought it of him; my maid servants complained a little of him. The people that came after him were people of character.

Q. from the Jury. What sort of chairs are there in the room?

Dobson. Two two-arm-chairs; one on each side of the chimney, and six others.

Ann Wharton . I have known the Captain eight years; his character is that of a man, who is very fond of the women; he always appeared so to me in all the connexions he had with me.

John Dobson I have known Captain Jones near nine years; he lodged with me three different times; he has been abroad; I never saw any thing but what was honest in his conduct, character and connections. I should have thought him the last man in the world, that would have been guilty of any thing of the sort if I had thought it, he should not have staid a night in my house.

Q. Did you ever see that boy in your house?

Dabson. I do not recollect seeing him there.

Hannah Edwards . I have known Captain Jones a twelve-month.

Q. What is your opinion of him?

Edwards. That he is quite a different kind of a man; he bears an extreme good character, and is very fond of the women in general.

Q. Do you think him capable of committing such a crime as is a ledged against him?

Edwards. No; I think not.

William Darling . I have known him a great many Years; I was born close to the house, where he was. His father lived in St. Martin's Lane. I am an engraver; I have done a good deal of Business for him, with regard to publications. I could never have thought this of him. I engraved the plates for A Treatise on Scaiting, and a book of Fire-works. I never heard his character impeached, and should never have suspected any thing of this sort. I was amazed when I heard it this morning.

Alexander Hope . I have been acquainted with the Captain above twenty years.

Q. You have been on terms of intimacy with him?

Hope. I was formerly much so seventeen years ago, when he was very young, about fifteen or sixteen; I understood he was addicted to women; I remember once it was said he was clapped or poxed, and I believe it was so.

Q. Had you ever reason to suspect him capable of the crime alledged against him.

Hope. I had quite a different opinion of him; I remember a good many years ago, there was a girl had a difference with her friends, and he wanted to seduce her, and I advised him to keep to common women; he struck me on that occasion several times I remember.

Q. to Mr Mercer. What is the boy's age?

Mercer. I believe he will be thirteen next January.

Hay. I shall be thirteen next January, the last day of the month.

Guilty . Death .

536. (L.) CHARLES FORD was indicted for stealing a seal, set in gold, value 20 s. a cornelian seal, set in gold, value 40 s. a pair of iron hand-vices, value 1 s. two tooth-pick cases, value 1 s. a silver pencil-case, value 2 s. six silver tea spoons, value 10 s. five pair of silver shoe buckles, value 50 s. four pair of paste shoe-buckles, set in silver, value 3 l. three pair of silver tea-tongs, value 24 s. and a silver milk-pot, value 30 s. the property of Richard Clarke . March 12 . *

Richard Clarke . I keep a jeweller's shop ; the prisoner worked for me; I missed the things mentioned in the indictment at different times; I applied to several pawn-brokers to desire them to stop any of the articles that might be offered them, in consequence of which, the cornelian seal and six spoons were stopped.

John Mead . The prisoner pawned this cornelian seal with me, and six silver tea-spoons, (produced, and deposed to by the prosecutor.)

Prisoner's Defence.

I leave myself to the mercy of the court.

Guilty . T .

537. (M.) MARY the wife of WILLIAM HARRISON was indicted for stealing a stone mourning ring with brilliant sparks, set in gold, value 30 s. a garnet stone ring, with four small stones, set in gold, value 5 s. and a paper-machee snuff-box, value 6 d. the property of John Andrews . June 25 . *

Acquitted .

538. (M.) FRANCIS DARIS was indicted for stealing a man's saddle, value 16 s. the property of Francis Earl . July 4 . ++

Francis Earl . I keep a stable for my own horses, which I let out; I lost a saddle out of my stable, on the 4th of July, which was brought back again about eight o'clock in the morning.

Elisha Wathman . I saw the prisoner coming out of Mr. Earl's stable with a saddle in a bag upon his back, at eight o'clock in the morning; I suspected him; I went to Mr. Earl's son, and asked him if he knew the prisoner; he said no; we pursued him, and took him in about three minutes, with the saddle on him.

Thomas Earl confirmed this evidence.

Prisoner's Defence

As I was going through the yard, I met an hostler; he gave me the saddle to carry for him to the Green Man and Still. I served the King twenty-nine years.

He called a witness, who said he had been formerly transported.

Guilty . T .

539, 540. (M.) ELIZABETH WEBB and MARY BROMHALL were indicted for stealing a piece of napkeen, value 3 s. and a pair of linen sleeves, value 1 d. the property of Joseph Bouch : the other for receiving the piece of napkeen; well knowing it to have been stolen . ++

Both Acquitted .

541. (M.) THOMAS SMITH was indicted for stealing two live pigs, value 50 s. the property of John Scandict . July 12 . *

John Scandict . I am a farmer at Low Layton ; I lost two pigs out of my stye, in the night, between the 12th and 13th instant, one was white, the other a dirty colour; I found them the next morning in Smithfield, in the care of Jeremiah Bowers . I can swear they are my property.

Jeremiah Bowers . I had the two pigs of the prisoner between four and five o'clock on Monday morning; he brought them to me to dress for him; I was dressing some lamb at that time; I told him I would dress the pigs for him as soon as I had done the lamb; he agreed to come again at ten o'clock; the prosecutor came before the prisoner returned; he challenged the pigs; the prisoner came at ten o'clock, and then I stopped him.

John Warren confirmed this evidence.

Prisoner's Defence.

I lived in Denmark-street; I bought those pigs that morning in Smithfield; I am a journeyman carpenter .

He called Thomas Dennis , who said, that the prisoner kept pigs in Denmark-street; and also that he cheapened two pigs that morning in Smithfield market.

He also called William Brown , William Waller , William Orton, and William Hawkins , who gave him a good character.

Guilty . B .

542. (M.) JOHN WILLIAM HEATH was indicted for stealing 2 lb. of brass, value 16 d. the property of Caleb Atkinson , July 14 . +

- Wilson. I am a journeyman to Mr. Atkinson, a coach-maker , in David-street, Berkley-square . I saw my master's store room door open, on the 14th of July, and heard a rumbling among the brass; I went into the store room, and found the prisoner with a little canvas bag in which was about a pound and a half of brass.

Prisoner's Defence.

I am but sixteen years old.

Guilty. 10 d. W .

543, 544. (M.) SUSANNAH FIELD , spinster, and MARTHA JONES , spinster, were indicted for stealing a silver pap-boat, value 10 s. 55 guineas and 1 s. in money, numbered, the property of Philip Baldwin in his dwelling-house . June 22 . +

Both Acquitted .

545. (M.) FRANCES FARM , spinster, was indicted for stealing five ounces and a quarter of silk, value 15 s. the property of Charles Shute , June 27 . +

Charles Shute . I am a weaver in Spital-fields , and work for Mr. Alderman Turner; I lost five ounces of white silk out of my work shop, three weeks ago, when I hired the prisoner to work for me; last Saturday as I sat at work I saw the prisoner slip some silk out of the runners, and put it into her pocket, and then she went away like a whirlwind, and I had not power to stop her; I immediately weighed the parcel, and found two ounces wanting.

Elizabeth Shute . I did not see the silk taken, though I know there were several deficiencies after the prisoner worked for us.

Prisoner's Defence.

I was not taxed with this till the Monday after; they gave me a written character to go to another place.

Elizabeth Shute . She brought me a written character, and wanted me to sign it; I did not touch it; my husband and I cannot write or read.

Guilty. 10 d. W .

546. (M.) WILLIAM BLUNHILL was indicted for stealing a woollen-cloth great-coat, value 10 s. the property of Daniel Ray , Esq ; and a plain cloth waistcoat, value 3 s. the property of John Baddam . April 26 . +

John Baddam . I am a coachman to Mr. Ray, who lives at Richmond ; I lost my master's box, on the 26th of April, and my own blue livery-waistcoat; they were taken out of the stable-yard; my master had some hand-bills distributed, in consequence of which I found the waistcoat at the Wilkes's head at Old Brentford. (The waistcoat produced, and deposed to by the prosecutor.)

Thomas Parkins . I am a waterman and lighter-man, at Old Brentford; I was at the Wilkes's-head when the prisoner came in with a bundle, and wanted a boat to go to London; he offered to sell me this waistcoat, which I bought of him for 18 d. he said he had redeemed that and some other things out of pawn, at Richmond; he had besides in the bundle a great coat, which he offered to sell.

Prisoner's Defence.

I went to sleep under a hay-rick; I found this waistcoat concealed under the hay.

Guilty. 10 d. T .

547. (M.) CATHARINE EVANS , spinster, was indicted for stealing a flowered linen gown, value 16 s. a linen neckcloth, value 1 s. and a child's bit, value 6 d. the property of Thomas Adams . June 9 . *

Elizabeth Adams . I am wife to Thomas Adams ; we have two little rooms up one pair of stairs, they both open to the stair-case; I went out about two o'clock; I locked one of the doors, and put the key in the other room; I returned about three o'clock; I observed an unusual light upon the stair-case; I found the door half open; I went into the room, and there I saw the prisoner by the bed side bundling up some linen; she burst out, and ran away; when I examined, I missed the things mentioned in the indictment.

Prisoner's Defence.

The prosecutrix promised she would not have me tried.

Adams. I made no such promise.

Guilty 10 d. T .

548. (M.) THOMAS WILLIAMS was indicted for stealing a linen handkerchief, value 1 s. a muslin neckcloth, value 1 s. and a cloth apron, value 1 s. the property of Elizabeth Ibbetson , and a pair of cotton stockings, value 6 d. a cotton gown, value 2 s. 6 d. and a silk cloak, value 2 s. 6 d. the property of Andrew Row , June 22d .

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

Acquitted .

549. (L.) GEORGE DOWNTON was indicted for stealing 4 s yards of silk, value 14 l. the property of John Crosier , May 25th. ++

John Crallon . I am servant to Mr. John Crosier ; I missed the piece of silk mentioned in the indictment on the 25th of May. Mr. Crosier came to town on the 27th; I acquainted him that the silk was missing; he sent Sir John Fielding an account of it, and an advertisement was inserted in the news papers concerning it; in consequence of which, we were informed, that the piece was at Mr. Vobe's, behind St. Clement's Church.

Q. Did you know the prisoner?

Crallon. I have seen him at our shop; he has come for patterns.

Mr. Vobe. I am a mercer, and live in Holy-well-street; I bought this piece of silk of the prisoner, on the 26th of May; he said it was his own, and shewed me a variety of patterns of different goods; I pitched on this, and he brought me the piece. The prisoner was I think in partnership with the person that was in the house before me. He lived in reputation, and kept a house in town and another at Bath. (The silk produced and deposed to by the prosecutor.)

Prisoner's Defence.

I bought it of a woman that used to offer such goods to Mr. Morris; I gave her 12 l. for it; I bought several things of her.

He called Thomas Wise who had known him ten years; Samuel Cle fifteen years, and John Birch some time, who all gave him a good character.

Guilty . T .

550. (L.) JAMES BROWN, otherwise MACDONALD , was indicted for stealing a tackle rope, value 15 s . the property of the company of vintners , July 11th . *

John Hood . I am servant to the Vintners Company. I saw the prisoner with a rope last Saturday, about ten o'clock of the night; I know the rope to be the property of the Vintners Company; He had worked for the Company about three years ago. (The rope produced and deposed to.)

John Lee . I am one of the Master Porters to the Vintners Company. I took the prisoner on Sunday; he struck me several blows, and got from me several times.

William White . I am one of the Master Porters. I know the rope to be the property of the Vintners Company.

Prisoner. I only designed to borrow the rope.

Guilty . T .

551. (L.) RICHARD HOLYMAN was indicted for stealing a linen handkerchief, value 10 d. the property of a person unknown , July 7th . *

Henry Bowden . I watched on London Bridge , on the night of the 7th of July; I saw the prisoner put his hand into a gentleman's pocket; the gentleman went off directly, and I stopt the prisoner; he attempted to throw the handkerchief over the bridge, but it stuck upon the stone work.

Rebecca Bowden . I was with my husband; I saw the prisoner take the handkerchief out of a gentleman's pocket; when my husband took him he attempted to throw it between the ballustrades into the Thames.

Prisoner's Defence.

The handkerchief dropt out of the gentleman's pocket: I picked it up. The watchman and his wife abused me, and wanted me to deliver the handkerchief to them, which I refused, and attempted to throw it over the bridge.

Guilty . T .

552. (L.) JAMES GREGORY was indicted for stealing a linen handkerchief, value 10 d. the property of William Anderson , June 15 . ++

William Anderson . Coming down Fish-street-hill , on the 15th of June, I felt a hand in my pocket; I turned round and saw the prisoner going off; he was about five yards from me; then when he saw me, he dropt the handkerchief. I took up my handkerchief and secured the prisoner.

Prisoner's Defence.

I was going along and the gentleman stopt me, and charged me with stealing his handkerchief.

Guilty . T .

553. (L.) MARY BEDFORD was indicted for stealing eight guineas, two half guineas, a quarter of a guinea, and 20 s. in money, numbered , the property of John Edwards , June 17th . ++

Acquitted .

554. (M.) GEORGE LOVELL was indicted for that he, in a certain field and open place, near the king's highway, on Jeremiah Godwin , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person four half guineas, two quarter guineas, one nine shilling piece, a six and nine pence, and one shilling in money, numbered, the property of the said Jeremiah , June 7th . *

Jeremiah Godwin . I am a collar-maker in Oxford Road. On Whitsunday I went to dinner with my brother at Paddington; I returned between nine and ten o'clock in the evening; Elizabeth Hull was in company with me; the prisoner and another man met us in Marybone Field ; it was about dusk; they passed by, and then turned about and followed us; then the prisoner laid hold of my left shoulder, and presented a pistol; the other laid hold of Mrs. Hull; the prisoner said, your money! your money! or you are a dead man; he demanded it half a dozen times, but did not use me ill; I gave him four guineas, a six-and-nine-pence, a nine shilling piece, two quarter guineas, and one shilling in silver; he asked if that was all; he said, give me all or you are a dead man. It was in the first field going to Marybone.

Q. Are you sure the prisoner is the man?

Godwin. I am sure; he felt in my pockets, and when he had got all the money, he called to the other man, saying, let go the lady; he did, and they went off. The next day I gave the description of the person, and on Wednesday saw him at Sir John Fielding 's and swore positively to him, and I am now positive he is the man.

Q. from the prisoner. Am I the man that took the money out of your pocket?

Godwin. I gave it you.

Elizabeth Hull . I was with Mr. Godwin, coming from his brother's, on Whitsunday evening; his brother lives at Paddington.

Q. You have heard the account of the attack, how many attacked you?

Hull. Two; one attacked me, the other him.

Q. Do you know either of their persons?

Hull. Yes; the prisoner to the best of my knowledge.

Q. Should you know the other man?

Hull. I was in a fright, I don't know; the prisoner appears to be the man that attacked Mr. Godwin.

Q. Do you recollect the other man's dress?

Hull. He had a surtout coat on, buttoned up, and was taller than the prisoner.

Q. How was the prisoner dressed?

Hull. Not as he is now; he was dressed in a dark coat buttoned up.

Q. from the prisoner. Did you see me rob Godwin?

Hull. He gave him the money.

Q. Is the prisoner the man that he gave the money to?

Hull. To the best of my knowledge he had a very swarthy face.

Q. to Godwin. Are you positive to the prisoner being the man?

Godwin. I am very clear he is: I was not in any fright.

Prisoner's Defence.

My Lord, they have sworn very falsely.

Guilty . Death .

555. (M.) ROBERT ASTROP was indicted for that he on the king's highway, on John Stern , 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 steel watch chain, value 6 d. a cornelian stone seal set in silver, value 1 s. a brass watch key, value 1 d. and 8 d. in money, numbered, the property of the said John , June 8th . +

John Stern . I am servant to colonel Woolaston, in Wimpole street; I went to Chelsea on the 8th of June, about half after ten o'clock; I was stopped in Park lane , facing North Audley Chapel.

Q. Was you a-foot?

Stern. Yes.

Q. Was any body with you?

Stern. Yes; Mary Daw and Margaret Winter ; Daw is the wife of my fellow servant, she had hold of my right arm. There came two men arm in arm; one took hold of my right arm, and pulled me from Mary Daw , and the other laid hold of my left arm, and they demanded my money and my watch, or otherwise they would have my life.

Q. Which said so?

Stern. The man that had hold of my right arm; he had a hammer in his hand, what we call a Payne hammer.

Q. Had he nothing else in his hand?

Stern. Not that I saw.

Q. Had the other man any thing in his hand?

Stern. Not that I saw.

Q. Was it light?

Stern. Not very light.

Q. What did you do?

Stern. I said I don't know what you mean, gentlemen; as to money, I have very little, and no watch; the man on my left hand took the watch out of my pocket, and the man on the right hand took my money; he on the right hand was the tallest; he put his hand into my pocket, and pulled out what money I had; as near as I can guess there was a six-pence and some halfpence.

Q. Did you lose any thing else?

Stern. Yes, my watch.

Q. Did they take it from you, or you give it them?

Stern. The man on the left hand reached across and took it. The watch had a steel chain and a cornelian stone seal set in silver; the impression was a man's head.

Q. And a key, I suppose?

Stern. Yes, a brass key.

Q. Did they take any thing from the women?

Stern. No.

Q. The women stood by?

Stern. They went a little distance to call somebody, but saw nobody, so they came a little way back again.

Q. When they had taken the watch and money, what followed?

Stern. The man on my right hand, with the hammer, struck me on the side of the head.

Q. Was it a violent blow?

Stern. It did not come so heavy I believe as he expected, because I kept it off.

Q. Was he discontent with his booty?

Stern. No.

Q. Did you make any resistance then?

Stern. No, he said nothing; he gave me no more; it stunned me that I did not remember their going off; when I recovered I found they were gone; I struggled a-cross the way, and the two women laid hold of me, and kept me from falling; my watch was advertised by Mr. Heley who had it. (The watch produced by Heley, and deposed to by the prosecutor).

Mary Daw . I was by when this robbery happened.

Q. Was it the same time of night John Stern has mentioned and the circumstances the same?

Daw. Yes.

Q. Do you remember the blow?

Daw. No.

Q. Do you remember his reeling over to you, and your supporting him?

Daw. Yes.

Q. You don't know any thing of the prisoner?

Daw. No, not to be positive; one was tall, the other shortish.

Q. You have no reason to suspect the prisoner is one?

Daw. No.

Margaret Winter . I was by when the robbery was committed.

Q. Was it in the same manner as Stern has mentioned?

Winter. Yes.

Q. Should you know any of the persons that committed it?

Winter. No, I was gone on a little before; two men passed by me, but said nothing.

Q. to Mrs. Daw. Did you see any thing in either of their hands?

Daw. Yes, something; I don't know what, I was so frightened.

John Heley . On Tuesday the 9th of June, I went with Mr. Bond and Mr. Taylor into St. Giles's, to apprehend a man accused of a footpad robbery; we had been searching there about half an hour, and as we were coming away, I saw the prisoner with another young fellow, I don't know his name. I said to Mr. Bond, there is Astrop; Mr. Bond said, you must take him, for last night he went to pawn a watch and got off. As soon as he saw us come towards him, he run off; we pursued him, and took him in a court in Denmark-street, St. Giles's; when we came up to him, I put my hand in his coat pocket and found a hammer. ( Produces the hammer.)

Prosecutor. That is such a hammer as he hit me with.

Heley. At that time I did not particularly search him, but held his hand till I got him down to the Bear in Bow-street; when he came into the parlour, I saw the chain of a watch hang out; this is the watch (producing it;) he said it was his own; that he bought it at Gains-borough in Lincolnshire; accordingly the watch was advertised, and the prosecutor came and owned it; that is all I know of the matter.

Prosecutor. That is my watch.

Prisoner's Defence.

I was coming from my father's house, the corner of New Round Court in the Strand, on Tuesday morning about eight o'clock; going up the Hay Market, I met two or three friends I had not seen sometime; they asked me to drink a glass of something with them; I went into an alehouse, and they asked about my going abroad, because they heard my father speak of it; I told them I was a going; I said I owed a little money and was going to settle it before I went. A shortish man, like a coachman, came into the company, and asked, if any body would buy a watch; I said, let me look at it. He asked a guinea and a half; I bid him 30 s. he said he was in distress; it was more than he could pawn it for, and he took it. As I was going past St. Giles's, three men run after me, and said, if I did not stop; they would knock me down; they took me to the Bear in Bow-street, and took the watch and other things from me. If I was the person, it is remarkable none of the three people know me; it is very improbable that I should strike a man with such a hammer. While I was in New Prison a man came and shook hands with me, and asked if I was not the man that bought a watch at St. Giles's; I said I was; he said he was sorry for me, knowing the justness of my cause, and if he could do any thing for me he would; he could not attend here, because, I believe, he was going out of town; he appeared before Sir John Fielding with me, who readily gave me another examination, but said he could not discharge me, because the prosecutors were bound over.

Guilty . Death .

See him tried No. 487, for a highway robbery last sessions.

556. (M.) SAMUEL MALE, otherwise MOLE , was indicted for that he on the king's highway, on William Blackbourn , 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, a pair of silver knee buckles, a pair of buttons, a pair of silver studs, and 18 d. in money, numbered, the property of the said William , June 18 . ++

William Blackbourn . I am a waiter at the king of Prussia's Head, near Sadler's Wells. On the 18th of June, about ten o'clock at night, I was stopt between Islington and Paradise Row , by two men; when I had got about half way, one said, what time of night is it? I said I did not know; then they came up to me, one on each side, and insisted on having my money; one came before me, and insisted upon having my knee buckles, and he also took my shoe buckles; he took my left knee buckle out, and cut the strap of my right knee buckle; they also took a pair of studs from my pocket and my money, I think two sixpences and a few halfpence; they said they did not want to hurt me if I did not resist; I said I should not. After they had robbed me. I stood longer than they chose; they said if I did not go they would blow my brains out; I went away to Paradise Row, where I lay all night.

Q. Do you know either of the persons?

Blackbourn. Yes; I am certain the prisoner is one of the persons that robbed me.

Q. Was it dark?

Blackbourn. Not quite dark.

Q. Do you know his dress?

Blackbourn. No, I observed his face.

Q. How soon did you see him again?

Blackbourn. About a fortnight afterwards, I believe, at Clerkenwell Bridewell; he was in custody, I knew him the minute I saw him. I never found any of my things again.

Q. Cannot you tell how the men were dressed that robbed you?

Blackbourn. No; I attended to his face.

Q. Do you know any thing of his voice?

Blackbourn. He did not say much to me; the other man talked the most.

Q. Where was you going?

Blackbourn. To one Mrs. Brown's No. 3, in Paradise Row, to see one Esther Davis who lives there.

Cross Examination.

Q. What was your business at Clerkenwell Bridewell?

Blackbourn. I gave information to a constable about him; I described his person to him, and he informed me the man was in Clerkenwell Bridewell.

Q. Had you never seen him before?

Blackbourn. Not that I know of.

Q. Had you ever given any description of the colour of his clothes to the constable?

Blackbourn. Yes; I said I thought they were of a brownish colour.

John Dunmore . I am a constable of St. James's, Clerkenwell; I was in company with the prosecutor; he was speaking of having been robbed; I asked him to describe the man; he did. The prisoner was carried up to Mr. Wilmot's; he desired to be admitted an evidence; he impeached three men; when they were carried to Bridewell to him, he did not know either of them. He went to a ruinated place, and he took this cutlass and pistol from under some bricks; (producing a cutlass and pistol.) The pistol was discharged at Justice Wilmot's door. The place where he took them from is between Field Lane and Plough Court, where some old houses are pulling down; he said the pistol was his own, the cutlass his companion's.

Q. Did you hear him say any thing of whom he robbed?

Dunmore. I heard him say something about a chaise and a man in it, and about breaking open the Sun Fire Office, and some other things.

Q. Did he say any thing about this affair?

Dunmore. No.

Q. to the Prosecutor. What did you lose?

Dunmore. My studs, a cane and a handkerchief. (The buckles produced by Samuel Noon , and deposed to by the prosecutor.)

Prisoner's Defence.

I was not concerned in any robbery; the pistol and cutlass were Harry Groves 's.

Nathaniel Bond , one of Sir John Fielding 's clerks, being accidentally present, informed the court, that from the information of Gore, the evidence on the trial of Dempsey and Devine, taken before Sir John Fielding , he had reason to believe that the prisoner was entirely innocent of the present charge; upon which the Court ordered Gore, who was then in one of the Bridewells, to be sent for immediately.

Henry Gore . James Dempsey pawned these buckles at Mr. Masters's.

Q. When?

Gore. To the best of my knowledge about this day three weeks; it was the morning after the robbery was committed. Dempsey and I got them in the Back Road between Islington and Hollaway.

Q. Where is Paradise Row?

Gore. I believe the lower end of that road is Paradise Row.

Q. Who did you take them from?

Gore. This man seems like the person, I can't be certain as to the man.

Q. What time was it?

Gore. About a quarter after ten.

Q. What else did you take?

Gore. Eighteen-pence in silver, his shoe buckles, knee buckles, cane and pocket handkerchief.

Q. Do you know the prisoner?

Gore. No, I do not.

Q. Was any body else concerned?

Gore. No, only Dempsey and me; Dempsey sold the buckles for 3 s. At the time of the robbery, Dempsey desired this man to take off his clothes, he said they would fit him, I said no, it is a sin to strip a man.

Q. to the Prosecutor. Do you remember that?

Prosecutor. Yes, I do.

Q. And what do you think of it now?

Prosecutor. I am certain the prisoner is the man that offered to take my coat off.

Q. After what you have heard?

Prosecutor. Yes, I am sure of it.

Acquitted .

See No. 488, &c. last sessions.

557. (M.) SIMON PRICE was indicted for stealing a portmanteau trunk, value 5 s. a green sattin negligee and coat, value 40 s. a sattin night gown, value 20 s. a striped lustring gown, value 10 s. a sprig silk night gown, value 10 s. a purple and white linen gown, value 5 s. a striped silk gown, value 10 s. a blue Persian petticoat, value 10 s. a muslin cloak, value 10 s. a cloth coat, value 20 s. a cloth waistcoat, value 10 s. two linen shifts, value 10 s. one cornelian seal set in gold, value 10 s. a silver seal, value 5 s. a mahogany box, value 5 s. five pair of ear rings, value 20 s. a garnet necklace, value 5 s. and a paste stay hook set in silver, value 5 s. the property of Mary Maclahan , June 27 . ++

Mary Maclahan . I live at Enfield . On the 27th of June I lost a portmanteau, containing the goods mentioned in the indictment, from a post chaise, on the road to Enfield; I saw it was safe at Stamford Hill, between seven and eight o'clock. I did not miss it till I came to my own door; it was fastened with a cord.

Thomas Palton . I tied the portmanteau with two halters to the post chaise.

John Heley . A person came to the Brown Bear, on the 27th of June, and informed us, that Simon Price had cut a portmanteau from behind a chaise; accordingly Mr. Taylor and I went to St. Giles's at 12 o'clock, and waited for his coming home; we waited till five o'clock in the morning, but he did not come home, so we went home to bed about six o'clock. A person came and informed us, that the prisoner was come home; we went and found the prisoner in a closet in a house in St. Giles's; he had two bundles containing the things mentioned in the indictment.

Q. Was he dressed or undressed?

Heley. Only his shoes were off; as soon as I knocked, the door was opened by the person that gave us the information. The prisoner said he found the trunk upon the road, and that it was in the ditch, where he found it; that he had been to fetch away the things. We took post chaise, and took the prisoner with us; he showed us the place where the trunk was, and in it we found a boy's pompadour suit of cloaths; the things were produced before Sir John, and were all delivered up to the lady, except a green negligee, a green sattin cloak and he box.

Q. to the Prosecutrix. Were the things delivered up to you that were in the portmanteau?

Prosecutrix. Yes, all the things were delivered up to me.

Heley. When we came to the gate we got over it; he said it is in this ditch: I saw the trunk about fifteen yards before I came to it.

William Taylor . I went with Mr. Heley to St. Giles's; I searched Price and found two seals in his coat pocket. (Produced and deposed to by the prosecutrix.)

Prisoner's Defence.

It appears the lady set out at seven in the morning; I was in bed at that time; I dined at the White House that day, at the top of Newman street, at one o'clock; after I dined I was desirous of going into the country to work; there was some hay making. I went into the field, and in the ditch I saw the nails shine; there I found the portmanteau; it was too heavy to carry, so I went away and brought a tool bag to fetch some of the things away; I made no secret of it: but when I came to London, I told how I found it.

For the Prisoner.

Richard Lumley . I am a carpenter and joiner; the prisoner worked for me two years; he behaved very well while with me; he has been gone a twelve-month; I have known nothing of him since. I live in Bell Yard, Temple Bar.

William Morris . I am a watch-maker. I have known him eight years; served his time to one Mr. Poole; he has been out of his time perhaps two or three years. I have known nothing of him since he was out of his time.

Ann Dyer . I have known him five years; I lived next door to his mother in White's Alley, Chancery Lane. He worked with Mr. Lumley; he bore a good character. I have known nothing of him since.

Guilty . T .

558. (M.) MARY FRASIER was indicted for stealing seven guineas, the property of Fenton Robinson , privately from his person , June 9. +

Fenton Robinson . I live in the Strand. I was coming down Plough Court, Clement's Lane , between nine and ten in the evening, on the 9th of June. This Mary Frasier took seven guineas out of my pocket against the wall; she picked me up.

Q. Was you concerned with her?

Robinson. No: I missed my money out of my pocket; I had it a few minutes before.

Q. Her hands were near your money I suppose?

Robinson. Yes; I charged her with taking it, and she owned it. I took her to the watch-house; they threatened to search her, and then she resigned it up, and I received it again.

Q. Who committed her?

Robinson. Sir John Fielding .

Q. You are certain you did not feel her hands in your pocket?

Robinson. I did not. I only missed my money.

Q. Did you give her the money or any part of it?

Robinson. No; I gave her what I promised. I live in the Strand; I am clerk to Messrs. Chapman and Sheppard.

Q. Was you sober?

Robinson. Yes, perfectly so.

John Hurle . I am a watchman; going up Plough Court, on the 9th of June; between nine and ten in the evening. I heard a noise; the prisoner said, here is Hurle the watchman; the prosecutor said the prisoner had robbed him of seven guineas; I was going on duty; the prisoner and prosecutor were together; I said, Sir, can you make your assertion good? he said, yes; then I took them both to the watch house, and before the Justice; next day she produced the money in the watch house; she put her hand in her pocket, and laid six guineas on the table; he insisted she had another guinea; then with some hesitation she pulled it out of her bosom; she said very little; I believe she was very much in liquor.

Q. Did she say it was her own?

Hurle. She said something I cannot say what.

Prisoner's Defence.

As I was in Clare Market, the prosecutor asked me where I was going; I said for something for supper; he asked if I would go with him; I said, no; at last I consented to go; he asked me to drink a glass of wine; I said, no; he said he would make me a present of some money if I would go with him; he gave me six guineas, the other he took from me was not his. Hurle is not a watchman; he said he would take us to a public house, and instead of that took me to the watchhouse; the man took away my cloak from me; they said I should have it again, and then the prosecutor said he would give me a guinea for my cloak.

For the Prisoner.

Francis Folks . I keep a turner's and chandler's shop in the Strand. I have known the prisoner some little time; she used my shop; she had a good character, and always paid me very honestly. The night this happened she was invited to a burying with me and my wife; she was with us till nine o'clock, and then she went out to get something for supper.

Robert Hindmash . I am a serjeant in the first regiment; my wife is laundress for the officers; her woman disappointed her, so I enquired for a sober woman, and found the prisoner; she has worked for us two years. I always found her an honest sober woman.

Mary Pyne . I live in Exeter Court; my husband is a leather dresser. I have known the prisoner since September last; she has lodged in my house ever since September. I always looked upon her to be a very sober woman, and her husband a very sober man. She is very well respected in the neighbourhood.

William Thwaite . I am a serjeant in the first regiment; I have known her ever since she was married, that is about two years ago.

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

559, 560, 561, 562. (M.) JAMES ASSENT , JOHN ROGERS , RICHARD COLE and JOHN FRYERS were indicted for that they in a certain field and open place, near the king's highway, on Richard Swingwood ; did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a hat, value 3 s. a muslin neckcloth, value 1 s. one pair of leather shoes, value 2 s. a pair of metal buckles, value 6 d. and a watch, value 40 s. the property of the said Richard , July 1st . *

Richard Swingwood . On the 1st of July I had been at Shaklewell; coming home about eleven o'clock at night, I met a fellow near Kingsland Turnpike, in the high road; Rogers is the person to the best of my knowledge; he came up to me, and asked me where I was going; I said for London; I told him where I lived; he said he was going too. He and I crossed the field to go towards Hoxton ; when I came into the second field, I saw two or three more at a distance; behind here were some willows; just as I came by the willows, Rogers knocked me down; when I came to the willows I saw four, they were all about me.

Q. What was you knocked down with?

Swingwood. His fist.

Q. When they were all round you, what happened then?

Swingwood. They took my watch, my shoe buckles and neckcloth. After I was down one of them said, shall we cut his throat?

Q. Which of them?

Swingwood. That I cannot be positive. I said don't use me ill, for I will be still, and not make any noise, and I lay sometime.

Q. Did they take the things from you while you was down?

Swingwood. Yes, I was there about a quarter of an hour, and they went away and I went away too.

Q. Can you swear particularly to either of the prisoners?

Swingwood. I am of opinion that Rogers was the person that knocked me down.

Q. Can you swear he was in that company?

Swingwood. No.

Q. Can you speak to either of the other three?

Swingwood. No.

Q. Was you robbed by children, such as the prisoners appear to be, or men?

Swingwood. By children according to the appearance of them.

Q. Can you recollect whether they had their own hair or wigs?

Swingwood. I cannot, it was dark and over cast.

Q. What was your watch?

Swingwood. A silver watch.

Q. Was there any particular mark on it?

Swingwood. Yes, James Hay is on the outside.

James Chapman . I attend at Justice Wilmot's office; the prosecutor came and laid an information against these lads; I know them all very well; he brought James Fox with him to the office, who told who had the property that belonged to the prosecutor, and described the boys; we went after them directly; this was the 2d of July, the day after the robbery. About eleven o'clock as we came through Spittle-square, we saw Cole, and he made an attempt to run; Fox said he had the watch about him; he ran about 200 yards, and then dropt the watch; I put my stick to it, and said there is the watch; I saw it picked up; it was brought to me as I stopped him. I took him about fifteen yards from the watch. (The watch produced and deposed to by the prosecutor.) When we brought Cole to the office, Fryer was there; he was taken before we got up, by one in court. Then Fryer offered to be an evidence, and said he would go and saw us where we might take Rogers. He went with me and another man, to Shoreditch and Tower Hill, and we could see nothing of him; we came back down by the Keys, and then to Bishopsgate-street, there we saw Rogers drinking at a pump; that was between twelve and one o'clock; we brought him to the office with the shoes and buckles on his feet. (The shoes and buckles produced and deposed to by the prosecutor.) I took Assent yesterday week.

Q. Was any thing found on him?

Chapman. Nothing at all; he told me it was Cole that said,

"let us cut his throat." He said he knew of the robbery, and should be glad to be an evidence.

Francis Rider . I was at Justice Wilmot's Office when the information was given; I went with Chapman and took Rogers with the shoes and buckles on his feet; I asked him how he came by them; he seemed in a flurry, stood back, and asked, why I asked him; I said, why you robbed a man of them in a field last night or this morning; he did not say whether he did or not for some time, but asked if there was any evidence against him; I told him there was one Fryer; then he said he did take them from the man's feet in the field; we took him to the office and the evidence was there. The evidence Fryer then went to shew where the man was knocked down.

Q. Was he an evidence then?

Rider. He was admitted an evidence at first but afterwards he recanted his evidence. Fryer said, that Cole was the boy that offered to cut his throat; and he said, no, don't let us cut his throat.

Philip Butcher . About eleven o'clock at noon, that day, I went out to see after these prisoners. I took Fryer in Shoreditch; I asked him if he did not know what was done last night; he said no, at first; then afterwards he owned he was one, and desired to be admitted an evidence; he was made, and afterwards in the second examination he recanted, and said, he knowed nothing about it. He owned that Cole was the person that threatened to cut his throat.

James Fox . Cole came to me, and said he had a watch, and did not know where to sell it; the other lad (the biggest) said he had a pair of shoes and buckles that he took from a man in the fields.

Q. You was acquainted with the boys?

Fox. I know them by sight.

Rogers's Defence.

I never set eyes on the fellow; I know nothing about it.

Cole's Defence.

That lad Fox is come to swear our life away for the sake of a guinea. He was tried for housebreaking not long ago; look at him, my lord, I dare say you know him again.

Fryer's Defence.

I am innocent of it.

Assent's Defence.

I don't know any thing of it.

For Cole.

Thomas Meshaw . I am a weaver; I have known him. I may say, before he was born. I have known his parents thirty years; to my knowledge he is an honest person; he follows drawing and weaving.

Q. How old is he?

Meshaw. I take him to be about the value of fifteen.

Mary Cole . I am his mother; my boy works at drawing ; he is an industrious boy.

Q. How old is he?

Cole. Turned of fourteen.

For Fryer.

Christopher Brown . I am a weaver; I know him to be an honest boy; I learned him to draw, that is the figures in the draft works. He is a very ingenious boy; a good boy he was to me; he worked for me two years; I gave him 4 s. 8 d. a week at the last.

Q. Could he earn no more?

Brown. No.

Isaac Cash . I have known him ever since he was born. I never knew him do any harm in my life; he is a weaver; his father is a coachman.

John Stran . I have known him to be an honest child. I never knew any harm of him; I am a weaver.

For Assent.

Susannah Assent . I am his mother; he was a good boy; he was a weaver : his master is dead. He always behaved well; he is about fifteen years old; he lived with me.

All Guilty . Death .

563. (M.) ELIZABETH WILLIAMS , spinster, was indicted for stealing a silk hat, value 4. a silk mode cloak, value 4 s. a linen gown, value 5 s. a linen apron, value 1 s. 6 d. a silk and cotton handkerchief, value 1 s. 3 d. a child's! and cap, value is a woman's laced cap, value 6 s. a pair of leather pump, value 1 s. a pair of metal buckles, value 6 d. a band box, value 13 d. and had in money, numbered , the property of Mark Gulliver , Nov. 13th . +

Mary Gulliver . I live in Blue Anchor Yard, Slaughter house Court, Rosemary Lane . I lost the goods mentioned in the indictment, on the 13th of December. The prisoner was recommended to me as a sober woman, to nurse me in my lying-in; she was hired for a fortnight; after the fortnight, as I could not go out, she came to go of some errands for me; she came to light my fire; she borrowed the flat iron of me for her mother, and she pawned it for 6 d. after breakfast I asked her to wash me some things; she said she would, and I said I would give her some tea and three-pence; instead of washing them she took a book and went to reading. My husband is a shoe-maker , and I close upper leathers; when I went up stairs to work, she blowed the fire up, and put the kettle on; when I was coming down she asked for a blue rag. About six in the evening I was going out with some work, and missed my shoes; I then turned about, and missed my ban box; I called out Betty; but there was no answer; in the ban box there was a child's laced cap, a white cloth apron, a woman's laced cap, and 14 d. in money. My shoes I left by the fire with the buckles in them; they were pinchbeck buckles; my hat and cloak were taken out of a hat box; I saw them when I left her in the kitchen, about four o'clock the same day. My gown was in the cradle, that was gone, and the few rags thrown out; the silk and cotton handkerchief I gave her to wask; she left all the things I gave her to wash, except the silk and cotton handkerchief; there were some in the tub and some on the floor. When I found my things were missing, I went to her mother's lodgings, and her mother said, O Polly, I did not think my child would have used you so. I enquired after, but could hear nothing of her, till last Thursday my brother came and told me he saw her in the Back Lane; near Rosemary Lane; I went to the place and saw her sitting at the door; I took no notice till I got a constable to take her, then I said Betty how could you serve me so; she said it was cruel, but she would make any recompense; she said the things were wore out and destroyed, but the hat she had lost. On Tuesday I went to Hicks's Hall, and afterwards called on her, and asked her if she had any of my things; she said she had nothing to bring forth, but wanted me to come to some terms, and gave this raper to my mother; I can't read it ( producing it.)

Ann Rein . I am the prosecutor's mother; my daughter and I was at Hicks's Hall, to find the bill; we could not find it; my daughter said we will call to see if she will confess where any thing is; she was called down; she desired we would make no reflections upon her, and gave me a paper. (The paper read)

Newgate.

Madam,

I make bold to write to you, for I understand you are agreeable to drop it, if I do, and I am agreeable to come to what terms you please, and make a note or any thing you please. I am willing to pay you 3 s. a week till the money is paid; and if you think proper, I think it is better for you; for it is poor satisfaction to prosecute me. I hope you will consider of it, from

Your humble servant, Elizabeth Williams .

Prisoner's Defence.

I did nurse her in her lying-in; I am a poor unfortunate girl; I had promised to meet a gentleman that night, it was Saturday night; when I came back I found the place turned topsy-turvey, and for fear she should charge me with it, I run away. I know nothing of it.

Guilty . T .

564. (M.) GEORGE LOVELL was indicted for that he on the king's highway, on Thomas Collier , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a silver watch, value 50 s, the property of the said Thomas , June 8 . ++

Thomas Collier . I am a coachman ; I lodge in Swallow-street; I am out of place; I lately drove for Mr. Steward in Swallow-street. On the 8th of June, about ten o'clock at night, as I was coming on foot from Sadler's Wells with a young woman, I was robbed in the Islington Road , about half a mile this side of Battle-Bridge, just by the Bowling Green. George Lovell and another man came up and presented a pistol to us, and demanded our money or our lives; I said not a word; the other man took the watch out of my pocket, and then the prisoner said, your life or your money! then I swore an oath, seized the prisoner, and threw him down, and swore he should have my life before he should have my money; he got up and I threw him down again; he got up I believe again, and I threw him down, and kept him in custody till I got assistance; I don't know what passed between the young woman, and the other man. I took Lovell to Battle-bridge, and enquired for a constable; going along he tried to get away, but I said he should not get away from me; when I collared him, he gave his hand a twist, and threw the pistol over the rails into the grass; we looked for it that night, but could not find it.

- Bridges. I was along with Collier on Whit-Monday, the 8th of June; we had been at Sadler's Wells; two men came up to us, and demanded our lives or our money; Collier threw Lovell down; the other man continued with me, and did not go to his assistance; I seeing some people coming, made towards them, and then he made off.

Prisoner's Defence.

I hope to be recommended to the mercy of the court. I am a tinker by trade.

Prosecutor. The man that made his escape got my watch.

Guilty . Death .

See No. 554 in this sessions, and see him tried for man-slaughter, No. 589, in Mr. Ald. Harley's mayoralty.

565. (L.) JOHN RAYMOND was indicted for stealing a silk gown, value 15 s. two silk hats, value 2 s. eight yards of lace, value 4 s. and a gauze cap, value 1 s. the property of Nathaniel Blakesley , June 26 . ++

Nathaniel Blakesley . I am a currier in Little Britain ; I was not at home when the things were stolen; the alarm came to me that I was robbed; I accordingly came down, and met the prisoner at my master's door, as they were taking him to the Compter.

Ann Blakesley . I am the wife of Nathaniel Blakesley . On Friday the 26th of June, between three and four in the afternoon, I came out of a parlour next the street, to go into the kitchen to rinse my hands; the door was not shut: on turning my head about I saw the street door wide open; I ran into the street, frightened; I saw a man slip off the pavement; I cried out, I had been robbed! a neighbour said, if I had, that was the man; I pursued him, and cried, stop thief! on going about twenty or thirty yards from the door, he dropped the things mentioned in the indictment from under his arm, in the kennel, wrapped up in a green gown; I was within a yard of it when he dropped it; the lad is in court that took up the bundle. The prisoner was stopped about five yards from where he dropped the bundle.

Q. Is the prisoner the man that dropped the bundle?

Blakesley. Yes. (The goods produced and deposed to) They were taken from a pair of drawers behind the parlour door.

Q. When you looked on the drawers they were not there?

Blakesley. No, they were gone.

Q. from the Prisoner. Did you not swear before my Lord Mayor, you saw me in the house?

Blakesley. No.

Sarah Round . I was sitting at my own door, and saw a man come out of Mrs. Blakesley's door, and run as fast he could; Mrs. Blakesley came out, and said she was robbed. He run down Little Britain.

Q. Did you see enough of him to know his face?

Round. No.

Q. Was the man that was taken brought back the same way?

Round. Yes.

Q. Was he dressed the same?

Round. I think he was.

Q. Had he any thing when he came out of the house?

Round. I believe he had something under his arm.

James Perry . Coming down Little Britain, I saw the prisoner come from the pavement with the things under his arm, and a little boy run after him, and was near stopping him; he struck at him, and then he dropt the things. I saw this lad take the things up, and carry them into Mrs. Blakesley's house.

Prisoner's Defence.

I know nothing of the matter. Going along Little Britain, I heard the cry of stop thief! I run on as well as other folks, and a man stopped me; I asked him what he stopped me for; he said he would stop me. I did not come from the pavement, nor never had the bundle.

For the Prisoner.

- Jeffeson. I have known the prisoner ever since last new year's day. He has behaved in Mr. Saxton's service very honest and faithful; he left him about the end of May. I am a relation of Mr. Saxton, and live in the house with him.

Elizabeth Eyres . I live with Mr. Jeffeson. I have known him about six months. I am a patient of Mr. Saxton, the surgeon; they say they believe him to be a very honest man.

Samuel Easter . I have known the prisoner between five and six years; he always bore the character of an honest, just, young man. He has been out of place ever since the week before Whitsuntide.

Mary Raymond . I am his mother; his master would have been here, but he is a man-midwife and could not attend.

Q. How came he to be out of place?

Raymond. He was waiting for a place Mr. Jeffeson was to recommend him to.

Guilty .

[Transportation. See summary.]

566. (L) CHARLES MORTON was indicted for stealing sixteen pieces of silver, value 5 s. the property of Benjamin Bickerton , July 14 . ++

Benjamin Bickerton . I am a silver-smith , in Jewin-street ; the prisoner has worked with me about a twelve month; I had great reason to suspect he had robbed me; I took more pains to weigh the work, and found about 20 oz. deficient in a week; I charged him with robbing me; he denied it; I said have not you sold some silver to a refiner? he said first, he had sold 20 ounces, and then 20 more; I asked him if I should go and search his lodgings; he agreed to it; I went with him, and he made a push to go forward; I then said that looked as if he had something he had a mind to secret. I then went to the Mansion House, and got Mr. Tinsdale to go with me; we took him back to my house, and then went to his lodgings, where we found about 14 or 15 pieces of silver, makeing about an ounce, which Mr. Tinsdale has got. (Mr. Tinsdale produced the pieces of silver.)

Prosecutor. There is my mark on them, they are all my property; they were designed for shirt and breast buttons; we found other pieces of silver which I cannot swear to.

Prisoner. I have had different dealings with my master; he told me I might always take silver to do a job, and I was to account for it.

Q. to the Prosecutor. Have you allowed him to take silver to do a job, provided he would account properly for it?

Prosecutor. I never in my life gave him any such permission; he never asked any such thing.

Mr Tinsdale. I went to Mr. Bickerton's house; the prisoner was there, and he confessed he had robbed his master at different times; I went to his house; when we came there he denied he had any thing of his master's in the house. I searched, and found the silver in a china pint mug; he then acknowledged he had taken it from his master.

Prisoner's Defence.

Mr. Tinsdale wanted me to confess I had taken 200 ounces. I bought the shoe clasps of him.

Prosecutor. I don't charge him with that; I don't swear to them.

Prisoner. My master was sick in the country; I took the silver and was to account for it.

For the Prisoner.

Edward Darvill . I am a silver-smith; the prisoner served his apprenticeship with me; I found him an honest lad; he was out of his time in April 1769. There never was a better apprentice.

Edward Leopard . I am a journeyman to Mr. Darvill. I knew the prisoner when he was an apprentice; he was always an honest, sober, just youth to his master.

Henry Webster . I am a chaser. I have known him about six or seven years; his general character is exceedingly good; I never knew any harm of him.

John Price . I work for the jewellers. I have known him from an infant; I never heard any thing amiss of him in my life; I would trust him with any thing.

John Loud . I am a watch-chain-maker. I have known him about four or five years; I never heard his character called in question till yesterday morning; I would have trusted him with any thing. He has worked for himself several times.

William Spicer . I am a watch-maker. I have known him a twelve month; I always thought him a worthy honest man as ever I knew.

Thomas White . I am a victualler. I have known the prisoner about seven years; I never heard a bad character of him in my life.

William Lockwood . I am a stationer. I have known the prisoner about seven years; he has a good character; I never heard any thing amiss of him till this time.

Mary Nicholson . I have known him from a child: he is an honest, sober man, worthy to be trusted.

Ann Ashley . I have known the prisoner between two and three years: he is a sober, honest, industrious man.

William Sibley . I am a shoe-maker. I have known the prisoner between four and five years: he is a very sober, honest man; I never heard an imputation on his character.

Ellis Milner . I have known the prisoner about two years and a half: he is a very honest man; I never heard any thing to the contrary.

Guilty . B .

567, 568. (L.) JOHN 'SPOUERS and ANN the wife of LEVINUS UNSWORTH were indicted the first for stealing a bacon ham 17 lb. value 10 s. the property of John Fox and William Fox , and the other for receiving it well knowing it to have been stolen , June 19 . ++

John Fox . I am an oilman in Fleet-street; about two months ago, the prisoner was very strongly recommended to me as a servant , being the nephew of a gentleman in the city; I took him about the 19th of June. A person having a suspicion he was familiar with his wife, came and stood opposite the door, to watch where he went in the evening, and saw him take a large ham under his coat, which he carried to Falcon Court, Fleet Street; he came to me that evening after he had discovered it; I was gone to bed; he came again in the morning, and acquainted me with it. I went to my Lord Mayor to get a warrant to search his lodgings; and there found the ham cut almost to pieces, which by the mark appeared to be ours; the woman of the house being alarmed, went down stairs and brought up the ham, and acknowledged it was brought there the night before. The woman of the house is Mrs. Mitchel.

Cross Examination.

Q. How long did he live with you?

Fox. About a month.

Q. What was you to give him?

Fox. 30 l. that year, 40 l. the next, and 50 l. the next. It was his uncle's character that induced me to take him.

Q. You saw the bit of a ham in his lodgings?

Fox. Yes; he confessed before my Lord Mayor the taking the two hams; the whole one was produced by the woman that kept the lodging house; that had our mark on it.

Q. Did he not at the same time tell you he meant to charge himself as debtor for the hams?

Fox. First he denied he had any, but when he found I was in possession of the ham, he confessed he took them, and begged for mercy.

Levinus Unsworth . I am the husband of the woman; I was at St. John's Court the 9th of June, to watch this man, to see if he co-habited with my wife. I saw him come out of his master's house about a quarter after ten o'clock at night, with the ham under his coat; he looked up at his master's window to see if any body saw him, and afterwards he set out a running with the ham in his hand; I pursued him down Fleet-street, and he crossed over to Falcon-court; he went up to a door, and knocked with a double rap; I saw him in, at then went to the Cheshire Cheese; I enquired the name of the woman; they said it was Mitchel.

Q. to Fox. Who served in your shop besides the prisoner?

Fox. Joseph Warner and Christopher Neverson principally.

Q. Who was at home that evening?

Fox. I believe Christopher Neverson .

John Ovens . I am servant to Mr. Fox in Fleet-Street. On the 20th of June I went with the beadle of White Friars, to examine the lodgings, and Bishop found a ham by the bedside, and the woman hearing the noise above, brought the other ham up, and said, Spouers sold it her the night before for 8 s.

Q. Whose property was the ham?

Ovens. I believe my master's; it had his mark, and I believe it is by the tie; it is marked with an iron.

- Bishop. I had a search warrant brought me the 20th of June; I went into the woman's room, and found a ham cut to pieces, and the woman of the house brought up the other ham, and said she was to buy it.

Prisoner's Defence. I did carry away the ham; it was just after shutting up; I designed to pay for it, but was taken that morning before I could do it. I intended to enter it to pay for it.

The prisoner called one witness, who recommended him to Mr. Fox, and had given security for his honesty.

Spousers, Guilty . T .

Unsworth, Acquitted .

569. (M.) BRIDGET COOKE , widow, was indicted for stealing two pair of linen sheets, value 14 s. and a copper saucepan, value 2 s. the property of Benjamin Tickler , the said goods being in a certain lodging room, lett by contract to the said Bridget , Dec. 18th . ++

Elizabeth Tickler . I am the wife of Benjamin; I live in the Great Ambury, Westminster ; I keep a house there, and lett lodgings; the prisoner took a lodging of me about six weeks after Michaelmas, and lived with me about a month, between Michaelmas and Christmas. The sheets and copper saucepan were part of the goods of that lodging; she took it for herself as a widow woman; I told her to go away about a fortnight after she came there; she said she would be very good, and pay her lodging; I was obliged to go out to a hard day's work; she said if I would give her a clean pair of sheets, she would be very good and pay her lodging; I gave her a pair; and when I came back, she had made away with the clean sheets, and the dirty ones; she went away, and we never heard any thing of her till about three weeks ago

Q. Did you miss any thing beside the sheets?

Tickler. Yes; a saucepan. One sheet I found at the pawnbroker's.

Q. When you came home was the door locked?

Tickler. Yes; at the end of a fortnight we broke it open, and missed the two pair of sheets and the saucepan; she owed a fortnight's rent when she went away.

Q. Did you give her leave to pawn the pair of sheets, or either of the sheets, in order to raise some money, that there might be the appearance of her paying you some money before your husband?

Tickler. No; I never did any such thing.

Henry Steel . I am a pawnbroker; I stopped the sheet on the prisoner.

Q. When?

Steel. Before Christmas; she said she would fetch her landlord to prove it was her sheet; she did not return, so I sent my lad to Mr. Tickler's, to know whether the woman had goods of her own. Mrs. Tickler came, and said so, and that it was her sheet; I returned the sheet to Tickler. ( Produced and deposed to.)

Prisoner's Defence.

There was a person that swore before Sir John that she ordered me to pawn the sheet. The night before she went to washing, I went to pawn the sheet for 3 s. I fell down by the way and broke my ancle, and was sick for three weeks; when I got well I came to the neighbourhood again, intending to get the sheets out of pawn.

Guilty . T .

570. (M.) ANN GEARY, spinster, otherwise ANN the wife of JOHN DOWLING was indicted for stealing eleven guineas and a quarter of a guinea in money, numbered, the property Richard Turner , in the dwelling-house of William Brown . ++

Acquitted .

571. (M.) JOHN COATES was indicted for committing a rape on the body of Anna Dixon , spinster . +

(The witnesses were examined apart.)

Anna Dixon - Sworn.

Q. What age are you?

Dixon. I shall be thirteen in September next.

Q. Do you know you have taken an oath?

Dixon. Yes.

Q. What do you swear to?

Dixon. To tell the truth.

Q. Can you say your catechism?

Dixon. Yes.

Q. What will be the consequence if you don't tell the truth?

Dixon. I shall go to Hell.

Q. What are your father and mother?

Dixon. I have no mother, my father is a plaisterer.

Q. Do you know the prisoner?

Dixon. Yes; I was his servant , I had lived with him six weeks.

Q. Had you a mistress.

Dixon. Yes. My master had not a bed for me, so I lay at the foot of his bed; my mistress has a nurse child, and a child of her own that lay in the same bed. He beat his wife and turned her out of doors last Wednesday was week at night; she took the nurse child with her, and left her own child at home; we got our suppers, and then he swore if I did not come to bed he would murder me, so I went as usual to bed.

Q. What time was that?

Dixon. About ten o'clock.

Q. Did you lie at the bottom of the bed?

Dixon. There were two chairs at the foot of the bed, and the cradle bed upon them; he was in bed before me: I went to sleep.

Q. When he told you to go to bed or he would murder you, did he mean to go to bed as usual?

Dixon. Yes; whilst I was asleep he came to the foot of the bed to me; I waked and found him upon me.

Q. Did you find any thing else?

Dixon. Yes; I don't know how to pronounce it; his private parts were in mine.

Q. Did he hurt you?

Dixon. Yes, a little.

Q. Had you ever been hurt so before?

Dixon. No.

Q. How did you know they were his private parts?

Dixon. By what I had heard people say.

Q. Was it hard or soft what you felt?

Dixon. Hard; I was afraid to make any noise, because he used to use his wife so.

Q. Are you sure his private parts were in yours?

Dixon. Yes.

Q. How far were they in?

Dixon. But a little way I believe.

Q. Did you perceive any thing besides something hard?

Dixon. No.

Q. Did he lie still?

Dixon. When I stirred he got off, and pretended he was asleep; I got up to give the little child some drink, and he went up to the head of the bed, and said, he had only been down in the yard.

Q. You did not perceive any thing after he got off you?

Dixon. I was sore two or three days.

Q. Was nothing left behind when he got off?

Dixon. Not that I know of; I went to bed again, but I could not go to sleep; when I lay still he was coming again, but finding me awake he went away.

Q. Did he come again?

Dixon. No.

Q. Did any body lodge in the house with you?

Dixon. Yes. I told my mistress next day.

Q. You can't say how far he was in your body, whether an inch, or two inches, or more?

Dixon. No, I can't.

Q. Was there any mark on your shift?

Dixon. I did not look; Mrs. Atkins said there was some blood on it, I did not see it; the next day my mistress begged me to go and lie with him, for the sake of the child, for she said I could hang him.

Q. Did he make any attempt that night?

Dixon. No.

Q. Did your mistress lie there the second night?

Dixon. No.

Q. Did he know you told your mistress?

Dixon. I don't know, I believe he did, because my mistress told several people she could hang him.

Q. Did you tell your father of it?

Dixon. No; I was afraid he would lick me.

Elizabeth Atkins . I am a washer-woman; I live next door to the prosecutor's father; she came home on Tuesday; she said her mistress had pawned her clothes; she said she was ruined; I asked her how she was ruined; my master, said she, has got on me while I was asleep, and then she said, he came again, and did you know what, and by her linen I believe he did.

Q. Did you understand he did not do it the first time?

Atkins. I did not ask her; she said he got off and went away, and the second time he got on her, and did you know what.

Q. What did you understand her to mean, by doing you know what?

Atkins. That he had lain with her.

Q. The second time and not the first?

Atkins. Yes; the shift she had worn six weeks, (she took three, her mistress had pawned the other) that was i n a dreadful condition; there were marks of blood on it and others.

Q. When did she say it happened?

Atkins. The Wednesday night before, (this was the Tuesday) she told her mistress, and she said as soon as she got her cloaths, she would tell her father, and he should hang her master.

James Dixon . I am the prosecutor's father; she was let a servant to the prisoner; he said he had good lodging for her, but had no bed but the bed they lay in; he fell out on the Friday with his wife, and she went off with my child; the prisoner, and I went in quest of them; we found her, but not his wife; she then told this woman she was ill used; I took her into the garret, and she said he got on her when she was asleep; I said, did you feel any thing? she said she did; I said, was he on you? she said, yes, and she felt what he had, he put it to her; she said he got out of the bed and came up again, and pretended he had been to fetch some water, and when he had got into bed again, she felt him getting up, and she said, are you getting up again? and he said, no, and lay down.

Q. Did you understand by your daughter he had lain with her?

Dixon. Yes.

Q. The first or the second time?

Dixon. The first time.

Q. Did she tell any particulars?

Dixon. I did not ask her.

Q. to Atkins. Did you ask her if any thing came from the man?

Atkins. I did not; I asked very little, but what she told me.

Q. from the Prisoner to the Father. Did not your daughter come home to you on Thursday?

Dixon. She did; she said there had been a quarrel between the master and mistress, and she was to come away on Saturday.

Q. She said nothing of this affair then?

Dixon. No: but told me, her master had given her warning to come away on Saturday, and I told her to come away on Friday. She went to her mistress, and she persuaded her to go home again, because she was afraid of the child; that was the Thursday night.

Prisoner's Defence.

It is true I am a poor man, and could not raise the price of a second bed. I took in a nurse child; my wife could not do without a girl; Mr. Dixon offered me his daughter. I wanted to take some money of the father of the nurse child, in Cornhill; my wife was with this girl at Hackney; I desired her to come to town to get this money; she came under pretence of getting it; she said he was not at home, whereas there was but 3 s. due on the balance; I went the next day, and when I found it out I was very angry with her. After she was gone, we went to supper and to bed in the usual way; it being hot I might throw my legs down to the foot of the bed, that is all I know; she went to her father and never told me of it.

He called Joseph Rounce and James Dixon the girl's father; who both gave him a good character.

Acquitted .

572. (M.) JOSEPH GREEN, otherwise GREENAWAY , was indicted for breaking and entering the dwelling house of Edward Sayer , on the 13th July , between the hours of eleven and twelve in the forenoon, no person being therein, and stealing six pewter plates, value 3 s. a pair of men's leather shoes, value 2 s. a pound of butter, value 8 d. a linen knife cloth, value 1 d. and six tench, value 6 d. the property of Edward Sayer , in his dwelling house . ++

Edward Sayer . I live at Kingsbery Green ; I am a farmer ; my house was broke open last Monday, while I was out at hay harvest; there was no body in the house at all; the outer door was locked by my wife, she had the key; she is not here. I heard of the robbery between three and four in the afternoon; word was sent me that the house was broke open, and the man taken; I took the key and went home, and found the door locked; I went down into the brewhouse, and saw that a square glass was taken out of the window just by the latch. I missed the things mentioned in the indictment; some were in the brewhouse, some in the cellar and some am found in a village in the neighbourhood.

Q. Was that square broke before?

Sayer. No.

Mary Williams . The prisoner brought six pewter plates to me, and offered to sell them; I suspected him, and had him secured. (The plates produced and deposed to by the prosecutor.)

Mary Holland deposed, that the prisoner offered to give up the plates if they would let him go.

Prisoner's Defence.

I was very much in liquor; two Irish men gave me the things out at the window.

The prosecutor said he had worked for him about ten days, and he had no reason to suspect his honestly before this.

Guilty. 4 s. T .

573. (M.) HENRY SAUL was indicted for stealing three linen handkerchiefs, value 2 s. one silk handkerchief, value 2 s. a silk waistcoat, value 5 s. one pair of leather-breeches, value 5 s. one nankeen waistcoat, value 2 s. 6 d. and two linen shirts. value 5 s. the property of John Dutton , May 11th . +

John Dutton . I live in Eagle-street, Spitalfields ; I have been a pawn broker ; the prisoner came to lodge with me the beginning of April, and absconded on the 11th of May; soon after he was gone, I missed the things mentioned in the indictment. The prisoner's father gave out, that he had sent him abroad; I found the prisoner at Mr. Hopley's, a pawnbroker, in Magpie-alley last Friday night.

John Hopley . The prisoner pawned two chairs with me on the 9th of May for 1 s. 8 d. when he came again, I secured him, and sent for Mr. Dutton. (The chairs produced and deposed to by the prosecutor.)

Henry Wild . The prisoner pawned a chair at my master's; Mr. Master's in Holborn. (The chair produced and deposed to by the prosecutor.)

John Coley . The prisoner pawned this chair with me on the 20th of April. (Produced and deposed to by the prosecutor.)

Abraham Buckey . I lodge at Mr. Dutton's; the morning the prisoner absconded, I found some tools under his bed; he gave me a list of the pawnbrokers with whom he had pledged the goods.

Prisoner's Defence.

I did not force open any door.

Guilty. 2 s. T .

574. (M.) JOHN COOK was indicted for stealing a black sattin cardinal, value 12 s. the property of Edward Fletcher , June 12 . ++

Ann Fletcher , wife of Edward Fletcher , deposed, that the prisoner, who is a soldier , accosted her in the park, about five o'clock in the afternoon; that she went home with him to drink tea: that she found a man and woman in bed at his lodgings, and she laid her bonnet and cloak on the table; that she was sick, and the prisoner desired his sister to permit her to lie down on the bed; that she took off some of her clothes and lay down; that the prisoner went cut, and said he was going to his colonel; that he returned in about a quarter of an hour; that then the other woman got up to make tea, and the prisoner and she went out, but soon returned; that then they had some beer, and a quartern of mint and carraway; that then she said she wanted to go home, and the prisoner said, he would be d - d if she should go home that night; that she asked for the cloak; the prisoner said, that he knew nothing of it, and ran into the street, and that she found her cloak at a pawnbroker's next day; she was asked if she had any acquaintance with the prisoner; she said she had never seen him before; that she had been drinking only part of two pots of beer, and was very sober, and that she thought of no harm.

Edward Beacham , a pawn-broker, deposed, that the prisoner pawned a cloak with him on the 12th of June, which he said belonged to a woman at his house. (The cloak produced and deposed to by the prosecutrix.)

Charlotte Boran deposed, that she was present at the Brown Bear, near Sir John Fielding 's; that there the prisoner gave the pawnbroker's duplicate to the prosecutrix, and said he was sorry for what he had done.

The prisoner, in his defence, said, that the prosecutrix picked him up; that he carried her to his comrade's room; that there she said she had been married to him five years, and gave him her cloak to pawn.

He called two soldiers and a woman to prove this, but they gave contradictory accounts of the matter; he also called the man, at whose house he lay, and his serjeant, who gave him a good character.

Guilty . T .

575. (M.) JANE the wife of WILLIAM BLUNT was indicted for stealing one silver seal, value 6 d. one worsted purse, value 1 d. three guineas, one half guinea, and 3 s. 6 d. in money, numbered, the property of Henry Garnes , privately from his person , July 15. +

Henry Garnes . I am a Chelsea pensioner : the prisoner picked me up, coming from Chelsea, on the 15th of July, about nine o'clock at night; we went into a publick house to drink together; we had two pints of beer there; then we went to another public house, and had three sixpennyworths of rum and water, and then we parted; I missed my purse about ten minutes after she left me; there was in it, three guineas, a half guinea, a half crown, and some more silver. I found the prisoner afterwards at the Compasses, at Chelsea, and she had my seal on her; it is not here; Mr. Relly has it home; I saw it when it was found upon her, and can swear it is my property.

Elizabeth Robinson , Terence Relly and John Field , deposed to the finding the prosecutor's seal on the prisoner.

The prisoner, in her defence, said, the prosecutor gave her the seal.

She called Gabrael Stanton , who had known her ten years, and who gave her a good character.

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

576. (M.) ELIZABETH ROSSITER , spinster, was indicted for stealing a silver watch, value 40 s. the property of John Thomas , privately from his person , June 7th . ++

Acquitted .

577. (M.) ALEXANDER HEMMINGS was indicted for stealing ten guineas, the property of Richard West , in his dwelling house , July 2d .

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

Acquitted .

578, 579. (M.) LYDIA BULKLEY , spinster, and MARY MORIETER , spinster, were indicted for stealing three guineas , the property of John Cole , June 26 .

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

Acquitted .

580, 581. (M.) THOMAS SHEFFIELD and WILLIAM MANLEY, otherwise MANBY , were indicted the first for stealing eight bobbins, containing eight ounces of silk, value 20 s. the property of John Latham , and the other for receiving the said silk well knowing it to have been stolen , June 19 . +

John Latham . I am a weaver in Bethnal Green ; I lost eight bobbins of silk on the 19th of June. Acton and the prisoner Sheffield worked with me; Acton came up, and said a man came to call on Sheffield that he did not like, and begged I would take notice of him; they went out together. I then examined the silk and missed eight bobbins; Sheffield staid out all night; he came to work at six o'clock next morning. I got a warrant from Sir John Fielding , and in consequence of some information of Sheffield, we found the silk at Manby's; seven of the bobbins were in a corner cupboard. Manby owned he bought the bobbins of the prisoner for 3 s. 6 d.

John Acton and William Harris confirmed the evidence.

Sheffield called three witnesses, who gave him a good character.

Manby said in his defence, that he bought the things of a loom broker.

He called Alexander Hume , who gave him a good character.

Sheffield, Guilty . T .

Manby, Guilty . T. 14 Years .

582. (L.) THOMAS BARRET was indicted for the wilful murder of Edward Potter , by driving a coach over him . June 17th . ++

He stood charged on the Coroner's inquisition for Manslaughter.

Acquitted .

583. (M.) WILLIAM MURRAY was indicted for breaking and entering the dwelling house of John Spiller , Esq ; on the 22d of May, about the hour of two in the night, with intent the money and effects of the said John to steal , May 22d . *

It appeared on the evidence, that the prisoner had broke the outside shutter, the glass, and a window blind in the prosecutor's house; but an alarm of fire in the neighbourhood had disturbed him before he had broke the inside shutter, which was left entire: and as to constitute a burglary, it is necessary that there be an entering as well as breaking, the court were of opinion, that it was not within the meaning of the act of parliament: He was therefore

Acquitted .

584. (M.) PETER WELCH was indicted for breaking and entering the dwelling house of Elizabeth Welch , on the 8th of July , about the hour of one in the night, and stealing a printed book, entitled, Bromley's Sabbath of Rest, value 1 s. 6 d. another printed book, entitled, The History of Man, value 1 s. and a New Testament, value 1 s. the property of Robert Christie , in the dwelling house of the said Elizabeth Welch :

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

Acquitted .

585, 586. (M.) JEREMIAH LITTLEWOOD and: BENJAMIN LITTLEWOOD indicted for stealing five gallons of Holland's Geneva, value 25 s. the property of Catharine ombary , July 7 . ++

Both Acquitted .

587. (M) WILLIAM ADDINGTON indicted for shooting off a loaded pistol at John Makerell , against the statute, July 15 . ++

Acquitted .

588. (M.) ELIZABETH TINLEY , spinster, was indicted for stealing a silver watch, 10 s. the property of a person unknown , July 21st . ++

Acquitted .

589. (L.) FRANCIS WARSDALE was indicted for stealing a linen handkerchief, value 10d. the property of William Sax , June 30 . +

Guilty . T .

590. (M.) JAMES SPRAGG was indicted for stealing a bay gelding, value 18 l. and a black gelding, value 6 l. the property of Richard Poor , July 7th . +

Acquitted .

He was a second time indicted for stealing a chaise, value 40 l. the property of Richard Glover , July 7th . +

Acquitted .

591. (M.) ANN the wife of JAMES EDWARDS was indicted for stealing one pair of linen sheets, value 4 s. and a pair of muslin value 2 s. the property of Isabella Lessly , widow, July 11th . ++

Acquitted .

592. (L.) JOHN LYONS was indicted for receiving a gold watch, value 14 l. the property of Richard Glover , Esq ; well knowing it to have been stolen by James Dempsey and John Devine , June 27 .

(The record of the conviction of Dempsey and Devine read, see No. 528 and 529 this session)

(The witness's were examined apart at the request of the prisoner.)

Aaron Meyers deposed,

"that Dempsey, Devine

"and Gore the accomplice, sold the watch

"mentioned in the indictment, to the prisoner,

"in Duke's Place , on the 27th of June, with

"another watch for six guineas. That they

"first applied to him, but he declined it, and

"the prisoner coming by he mentioned it to

"him, that they had two watches to sell, and

"he bought them." (See his evidence No. 528 this sessions.)

Frances Gore . I was a witness here the other day on the conviction of Dempsey and Devine. I went with them to Duke's Place; Devine asked Aaron Meyers to buy a watch; he said he could not; we asked him if he could help us to one that could; we went a little further and met the prisoner; he brought us into a public house; we shewed him the watch; he said he would give no more than five guineas for the gold, and one guinea for the metal one which I had, six guineas in all, he put them in his pocket, and said go home with me, I will pay you the money, and bid the former witness wait till we came back, and he gave him 6 d. we went to Lyons's, in Sweet Apple Court, he then locked at the watches, and said he would give but six guineas; he took out a 20 l. note, as told us, and gave it to his wife to get it changed; Dempsey watched her, and she went into a Jews place, and got it changed, and came back, and then we asked him to drink, and sent out for half a pint of rum.

Q. from the prisoner. What time of day did you come to my house?

Gore. After seven o'clock.

Prisoner. What money was it you received?

Gore. Six guineas all but the half pint of rum; there was five guineas and a half in gold, and the change of the half guinea.

- Heley. After Gore had surrendered himself to me, he told me, he had sold two watches on the 9th of June, to a Jew, in Sweet Apple Court, Bishopsgate Street; I asked him if he knew the name; he said, yes, it was one Lyons; accordingly Mr. Bond, I and Mr. Taylor, went next morning, between three and four o'clock, to the house of Lyon; the evidence Gore knocked at the door; I stood about ten yards from the door; the window was opened by Lyon, and he said, I am coming; accordingly the door was opened, and Mr. Bond and I jumped in, and took the prisoner.

Prisoner's Defence.

Mr. Bond gave the evidence the watch in his hand, and rushed in, and cried, take this! take this! it is no watch to be bought. What Gore says is false; It is a matter made up by Sir John Fielding's men; they instructed Gore to tell this story; he never knew any thing of me. I don't live in Sweet Apple Court, but in St. Dunstan's Alley.

Guilty . T. 14 Years .

593. (L.) ANTHONY ALLIE was indicted for stealing one silver watch, value 2l. the property of John Dare and Thomas Peacock June 23. +

Guilty . T .

594, 595. (M.) WILLIAM-FRYER and GEORGE BURTON were indicted for breaking and entering the dwelling-house of William Hempy , on the 11th of July , about the half of twelve in the night, and stealing fifteen value 15 s. and one gun, value 40 s. the property of the said William, in his dwelling house . ++

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

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

Received Sentence of Death, 10.

George Lovell , Robert Astrop , Thomas Massey , James Assent , John Rogers , Richard Cole , John Fryer , James Dempsey , John Devine , Robert Jones .

Transportation for fourteen years, 2.

John Lyon , John Manly , otherwise Manby.

Transportation for seven years, 33.

George Downton , John Brown otherwise Macdonald, Richard Holyman , John Raymand , John Spowers , James Gregory , Charles Ford , Francis Warsdale , Anthony Alie , Nathaniel Cain , Ann Hicks otherwise White, Thomas Bowyer , Simon Price , Bridget Cook , Charlotte Baldwyn , Robert Wallis , William George , Thomas Venior , John Cartwright , Henry otherwise Slingsby Tudor , Mary Chapperlin , James Ryer , John Day , William Blunkill , Catherine Evans , Elizabeth Williams , Henry Saul , Joseph Green otherwise Greenaway, William Davis , John Cook , Jane Blunt , William Fryer George Burton .

Branded, 6.

Charles Moreton , Mary Biggs , Margaret Frasier , Richard Dunn , Thomas Smith , Thomas Sheffield .

Whipped, 3.

Mary Jackson , Frances Farm , John Heath .

TRIALS at LAW, PLEADINGS, DEBATES, &c.

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