Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 21 December 2014), September 1772 (17720909).

Old Bailey Proceedings, 9th September 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 9th, Thursday the 10th, Friday the 11th, Saturday the 12th, Monday the 14th, Tuesday the 15th, Wednesday the 16th, and Thursday the 17th of SEPTEMBER, 1772.

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

NUMBER VII. 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; Sir WILLIAM HENRY ASHHURST, Knt. one of the Justices of his Majesty's Court of King's Bench *; Sir GEORGE NARES , Knt one of the Justices of his Majesty's Court of Common Pleas +, JAMES EYRE, Esq. Recorder ++; 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.) First Middlesex Jury. (2d. M.) Second Middlesex Jury.

London Jury.

William Kippax

John Hawkins

William Lutwyche

Robert Lee

William Wright

James Eley

William Merridith

Joshua Ludgate

William Wood

Richard Cock

Miles Pinfold

William Norman

Middlesex Jury.

Deliverance Smith

Thomas Eyres

John Parkinson

Edmund Bryan

John Postan

John Faulkner

William Woodham

William Farmer

Thomas Greenhill

Joshua Drury

John Slight

Edward Taylor

2d Middlesex Jury.

Robert Gray

William Howard

Thomas Brasset

Richard Eason

Noah Baber

Charles Young

William Rowe

James Pridey

Anthony Priseman

Henry Salthill

William Chapman

Isaac Thompson

597, 598, 599, 600. (M.) JAMES KELLY , MARY the wife of JAMES KELLY , JESSE KELLY , spinster , and HANNAH KELLY , spinster, were indicted for stealing a cotton counterpain, value 5 s. three check aprons, value 1 s. 6 d. a half guinea and 8 s. 6 d. in money, numbered , the property of John Smith , June 22 . *

All acquitted .

601. (M.) JOHN ATKINS was indicted for that he on the 18th of July , between the hours of eleven and one in the night, did steal, dig up, break and carry away four cabbage plants, value 8 d. twenty-six cucumber plants, value 3 s. seventy-two onion roots, value 2 s. and fifty-five garlick roots, value 2 s. standing and being in a certain garden ground the property of Joseph Goddard .

A second Count for stealing the said plants. +

Acquitted .

602. (M.) LEWIS WILLIAMS was indicted for that he on the king's highway on John Peter Blaquire , Esq ; did make an assault putting him in corporal fear and danger of his life and stealing from his person a watch, the inside case metal, the outside covered with fish-skin, value 40 s. and 7 s. in money, numbered , July 10th . +

Mr. John Peter Blaquire . On Friday the 10th of July, returning from Marybone Gardens in a four wheel one horse chaise, between Tottenham-court-road and Fig-lane , a person, whom I apprehend to be the prisoner, came up to me and bid me deliver: the man had something in his hand which I then took to be a pistol. I gave him some silver, I apprehend about seven or eight shillings; when I had given him the money I was going to drive on; he then told me to stop and deliver my watch. I gave it him: the inside case is metal, the outside fish-skin. On Saturday morning I went to Sir John Fielding 's, and made an information of the robbery; Sir John got some hand bills printed without the number of the watch, for I had not a memorandum of the number about me. A little while after that I received a letter from one of Sir John Fielding 's clerks, who desired me to attend, as they had apprehended a man which they suspected was the person that had robbed me: when I saw the man, I declared he was not the person that had robbed me, and he was discharged; he was a larger man than the prisoner; the prisoner is the size of the man that robbed me. I afterwards received another letter to attend at Sir John Fielding 's; I went there; the prisoner was put up; he was dressed the same as the man that robbed me, in a blue sailor's jacket, and a round hat. My watch was produced there, which I swore to. He was searched, and there was something found in his pocket, which is what I believe I took to be his pistol.

James Pagett . I am servant to Mr. Brooks, a pawnbroker in the Strand. On Saturday morning the 11th of July, about eight or nine o'clock, this watch (producing it) was pawned with me, by a man whom I take to be rather taller than the prisoner, dressed in light brown cloaths, rather lighter than those the prisoner has on now; I lent him a guinea on the watch. In the evening we had a notice from Sir John Fielding that that watch was stolen on the highway; we informed Sir John on Sunday, that we had taken in such a watch. On the 27th of July, between seven and eight in the morning, the prisoner came to our shop and asked for this watch, he described the watch; I asked him if he brought it; he said he did, and he wanted me to give him half a guinea more for it and buy it.

Q. How was he dressed then?

Pagett. In a blue jacket, much like a sailor's, and a round hat. We took him before Sir John Fielding ; there he confessed he pledged the watch.

William Halliburton . When the pawnbroker brought the prisoner up to Sir John Fielding 's, I searched him, and in his pocket I found this (producing the upper part of an iron candlestick.)

Q. to the prosecutor. I suppose you cannot say whether that is what was produced to you?

Prosecutor. It appeared about that size.

Prisoner's Defence.

On Sunday, the day before I was taken up, I was invited to go into the Borough to see a townswoman of mine; it rained very hard on Sunday evening; she insisted on my staying there all night. I was going to see after a waiter's place in James Street, Golden Square, so I got up on Monday morning between five and six o'clock; going along St. Paul's Church Yard, there was an old woman scraping a kennel; I saw something glitter in some hay; I ran and picked it up; it was this piece of an old candlestick; I put it in my pocket, and went to the Sun in the Strand, and called for a pint of beer; there was a well dressed man in a box asked me why I was in such a hurry; I said my hurry was pretty well over then; then he asked me to go to Mr. Brooke's, a pawnbroker just by, to get half a guinea upon a watch in his name; I said I would with all my heart. I took another sup of my beer and went in his name; he described the watch to me; this young man said I should have the money presently; he went up stairs and brought in some men, and they took me before Sir John Fielding . I said if they would go with me to the Sun in the Strand, I would shew them the persons that sent me.

Q. to Pagett. Did he say that?

Pagett. No, he said no such thing, he said before Sir John Fielding that he had the watch in St. Giles's.

Guilty . Death .

603. (M.) ARTHUR BYRNE was indicted for that he on the king's highway, on Catharine, the wife of Gilbert Duffey , did make an assault, putting her in corporal fear and danger of her life, and stealing from her person a black sattin cloak, value 4 s. a muslin apron, value 6 d. a linen handkerchief, value 2 s. a gold ring, value 4 s. a silver shoe buckle, value 2 s. and 10 d. in money, numbered, the property of Gilbert Duffey , from the person of Catharine Duffey , July 17th . *

Catharine Duffey . I saw the prisoner on Friday the 17th of July standing under an arch way, in Bell Yard, Broad St. Giles's, by himself, with a bundle in his hand; I lifted my clothes as I passed him for fear I should touch him and give him any offence; he said, how do you do? I said. I believe you don't know me; he said you are well dressed; he asked me my name and where I lived; he said his name was Conway, and that he lived in Cheapside; as I stood with him, he asked me if my buckles were silver, I said yes, and Irish made; I asked him where he knew me; he said in Dublin; I said I was a Cork woman, and had never been in Dublin in my life; he said he had 200 l. worth of goods, and if I would sell goods for him, I should get five shillings a day; I said that my husband was acquainted with several master tradesmen that would give us a character to be honest people; I waited, and he went into a public house; I said I had an acquaintance in Ship Yard that would befriend him, to recommend him to sell some goods; he said he knew no place but the Haymarket and Cheapside; he waited in an alehouse till I came back; he called for a pen and ink, and took a direction to find the Mitre Tavern in Fleet Street. I went into a public house with him and had a pint of beer; I told him I had not broke my fast. and it was past six o'clock. I had been a little troubled and had eat nothing that day. Offering to pay for the pint of beer, he said, d - n it, how generous my country people are! I went to a taylor's house in Broad St. Giles's, to see a young woman that was newly married; I came back again to the same alehouse; he had a pint of beer there and paid for it. I had not the key to let him up into my own lodgings. He said he had left six pieces of handkerchiefs with a good natured countrywoman, at a public house, in a street he said he did not know the name of. I found afterwards it was in Coventry Street. He said he must go out of town, and he said if I would go with him, he would give them to me; I went with him; he called for a quartern of mint and carraway; I told him I could not bear liquor; he said it was a cordial and I drank; after that he called for another; when we were going away, he went to the bar, and offered a bad shilling; the man would not take it, so he gave him another. When I came out at the door it was dusk; he went to take hold of me; I told him he should not; I stumbled and fell down, and I found my apron coming from me. I asked him if he saw my apron; he said no, d - n your apron, I will give you a yard of muslin; I said a yard would not make an apron; then he said he would give me three. I crossed over to a tavern in Grafton Street; I was going home; I bid him good night. Then he came to my right side and took my cloak and handkerchief, and took me by my hand; he took hold of me and shook me, and threw me on the flags, and threw me into a deep hole on my side; he picked my pocket, and then turned me over in the channel to pick my other pocket; I had but ten-pence; he took my gold ring off, then he took hold of my feet, and took my buckle from my left foot. A gentleman came up, and said, what are you doing to the woman, are you smothering her in the channel? he said he was going to lift me up, and then he made off. The next day my husband went to the public house, and found out his name, and where he lived. I went with my husband and a constable to the prisoner's house, in Ship Yard; a person said the prisoner's wife had put something black up the chimney; my husband put his hand up the chimney and pulled my cloak down. (The cloak produced and deposed to by the prosecutrix) The constable found my handkerchief and apron in a cradle. ( Produced and deposed to by the prosecutrix.)

Q. Are you sure that is the man that took your things from you?

Duffey. Yes, I should know him from among a thousand.

Cross Examination.

Q. You never saw him before?

Duffey. No.

Q. What time of the day did he accost you?

Duffey. About six o'clock.

Q. It was quite light?

Duffey. Yes.

Q. How many public houses did you drink together at?

Duffey. Two.

Q. Was you quite sober?

Duffey. Yes.

Q. You say he untied your apron, did you feel him?

Duffey. He put his hand round me, and I saw him draw it from me; I did not lay hold of it, because I thought it was from the motion of my body; when I looked for it, and it was gone, I thought it was vanished; I did not think he had it when I went from him.

Q. Did he appear to be sober?

Duffey. Yes.

Q. What time in the evening did he take off your cloak?

Duffey. Between nine and ten; that was in Grafton Street, at the top of Newport Market , a gentleman took me up.

Q. Were not all the shops open?

Duffey. There are no shops hardly but on one side; some of them were open.

Q. Now upon your oath, did you ever cry out thief or murder, or any thing else, while he was untying your cloak?

Duffey. I said to him don't kill me.

Q. What was the reason you did not cry out for assistance?

Duffey. He was not a minute doing it.

Q. Did you go into any house in the street afterwards upon your oath?

Duffey. No my own lodging was very near.

Q. Did you tell any of the passengers that you had been robbed, and the man had made his escape?

Duffey. Yes, one woman; I don't know her name.

Q. Did you fall down in the street from the effects of the mint and carraway?

Duffey. I am a sober woman.

Q. Did you drink a little of it?

Duffey. I drank a full glass.

Q. What made you stumble the first time?

Duffey. I was pulling myself from him and stumbled upon my knee.

Q. Who helped you up?

Duffey. Myself.

Q. Upon your oath have not you charged two or three other people with this?

Duffey. No, never in my life.

Q. Was you in the Fountain that evening?

Duffey. No.

Gilbert Duffey . I am the woman's husband; after my wife was robbed she came to me, to the Crown in Newport Market, opposite where I live; that was near ten o'clock; she was stript of her cloak, handkerchief, apron, gold ring and one of her buckles; she told me she had been robbed by a man who said his name was Conway, and he lived in Cheapside; I asked if she should know the man; she said yes, and then she told me the story she has told your Lordship; she said she had been at the Hoop and Black Horse with him; I went to the Black Horse, the boy said he knew the person; he said he was afraid to tell me his name, because he might get into trouble; his master desired him to tell me his name, and place of abode; then he told me he lived in King's Court, Russel Street; my wife and I went there; they told us he was removed to the corner of Little Wylde Street; we went there, and there they said that he had been gone a fortnight; there I learnt his christian name; they told me he was gone to live in some lane near Temple Bar, and enquiring after the prisoner there, many people knew him, but could not tell me where he lived; at last a little girl told my wife that he kept a house in Ship Yard; my wife ran down to me, and said she saw the man. I sent her for a warrant; Mr. Stevenson the constable and we went to the prisoner's house; he was then drinking at the Trumpet; notice was given him that people were in pursuit of him, and he made his escape. The constable found my wife's handkerchief and apron. There was a young man said a cloak was put up the chimney; I put my hand up the chimney and pulled down my wife's cloak.

Cross Examination.

Q. These things were in the prisoner's shop when you went to search the house?

Duffey. Yes; he keeps a green stall .

- Stevenson. I am a constable; I went to the prisoner's house with a warrant to apprehend him. I found the handkerchief and apron that has been produced in a cradle: I saw nothing of the cloak till I came back. We met the prisoner near Clement's Inn, and secured him: there was nothing found upon him.

Prisoner's Defence.

I know nothing of it, I was at Shoreditch at the time this happened according to the woman's account. I have been a housekeeper seven years; no one could ever charge me with a pennyworth of theft.

He called Matthew Tanner , who had known him between six and seven years; Barnard Brady , six years; Robert Harris , seven years; Nathaniel Goddard , six years; John Connor , seven years; Sarah Tufnail his servant, and John Grant six years, who all gave him a good character: He also called

David Collins . I know the prisoner; I have seen him several times. My wife was sick; I was going to put her in the hospital. On Friday the 17th of July, about seven o'clock, the prisoner came into the Black Dog, opposite Shoreditch Church, and asked for John Connor ; I asked him what he wanted; he said to speak to him; he sat down two or three hours; when we had drank two or three pots of beer the servant of Connor came in; the prisoner staid with me till ten o'clock, and then I bid him a good night.

Q. What are you?

Collins. I am a silk weaver in Bethnal Green Parish. I am no blackyward; here I have my receipts to shew. I would not come here to tell a lye for any man.

James Kennedy . I am a paper stainer. I was at the Black Dog; it is a house we use, we are paid there; they called me over between seven and eight o'clock to drink part of a pot of beer; I staid while we had two pots of beer; it was past nine o'clock when I went away; the prisoner was waiting for Connor; I left Collins with him.

Q. to the prosecutrix. What day was you robbed?

Duffey. It was a Friday.

Guilty . Death .

604. (L.) WILLIAM HASKINS was indicted for stealing a linen handkerchief, value 10 d. the property of Thomas Walshman , Aug. 11th . ++

Acquitted .

605. (M.) JAMES SLEAY was indicted for stealing nine guineas the property of Thomas Seboon in his dwelling house , July 30 . +

Acquitted .

606. (M.) JAMES WRIGHT was indicted for stealing a tankard plated with silver, value 30 s. the property of Thomas Burges , August 19 . *

Acquitted .

607. (M.) WILLIAM ADDINGTON was indicted for stealing a cloth coat, value 15 s. a cloth waistcoat, value 10 s. a pair of worsted breeches, value 5 s. and twelve guineas in money, numbered, the property of Michael Bray , in the dwelling house of Thomas M'Cartney . July 13 . ++

Acquitted .

608. (M.) ABRAHAM SIMONS was indicted for stealing a silver sugar dish, value 22 s. and a silver milk pot, value 20 s. in the dwelling house of Barnard Fluggar , July 20th . +

Barnard Fluggar . I am a surgeon ; I live in Prescot Street, Goodman's Fields . I was called down between eight and nine o'clock in the morning on the 20th of July, and I found the prisoner and John Todd in my room.

John Todd . Between nine and ten in the morning of the 20th of July, I saw the prisoner talking to a woman in Prescot Street; they soon parted; she went away and the prisoner walked by the prosecutor's house, and then he went in. I said to a man that was near me, stay a little, and we shall see what the man is about. I soon perceived him in the parlour; I saw him take up the sugar dish and milk pot, and bring them towards the door; then he saw the other man and me standing in the passage, and returned them to the place again; the milk was spilt and the sugar was scattered about the table; I stept up to him, took him by the collar, and asked him what business he had with that plate; he said he had none.

Prisoner's Defence.

I went to the house with no bad intent. I had the foul disease and went for advice; they surprised me so, that I had no opportunity of telling my intent in going there.

Guilty 39 s . T .

609. (M.) RICHARD TURNER was indicted for stealing three guineas and four half guineas in money, numbered, the property of Edmund Bell , in his dwelling house , July 28 . +

Acquitted .

610. (M.) RICHARD FOTTERELL was indicted for that he on the king's highway, on Guitano Menini did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a silver watch, value 45 s. a steel chain, value 4 d. a cane value 6 d. an amethyst ring set in gold, value 4 l. and 2 s. in money, numbered, the property of the said Guitano . +

Acquitted .

See No. 964 in Mr. Alderman Crosby's mayoralty.

611. (M.) ANN the wife of JOHN GREY was indicted for stealing a laced black silk cloak, value 5 s. a child's linen jamb, value 2 s. a child's linen petticoat, value 1 s. a silk handkerchief, value 1 s. and a silk and cotton handkerchief, value 1 s. the property of John Lloyd , July 27 . +

Acquitted .

612, 613, 614. (M.) ISAAC POULTON , EDMUND BURTON and SARAH DAVIS , spinster , were indicted, the first two for that they on the king's highway, on Henry Legh , Esq ; did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a hat, value 5 s. the property of the said Henry ; and Sarah Davis for receiving the said hat, well knowing it to have been stolen , May 7th . +

Mr. Legh. On Wednesday the 6th of May, I spent the evening with some friends in Gate Street, Lincoln's-inn-fields; I staid there till between twelve and one o'clock in the morning; there is a court yard before the house; the servant of the gentleman at whose house I was came out with a candle, and lighted me quite into the street. I went towards Lincoln's-inn-fields; when I came towards the end of the street, near Stonecutter's alley , I perceived my hat move; I clapt my left hand up to my hat, and immediately received a blow upon my left arm, which broke it. I called out for assistance, upon which I received some other blows upon my head, and was very soon brought to the ground; when I got up, I did not see any one; I saw my wig about a yard from me; I took it up and called for the watch; the watch came and went with me to my lodgings. I never saw or heard any person, I only felt them. I have not recovered the right use of my arm yet.

Q. Did you receive any injury upon your head?

Legh. No; I was bruised on my right side by the fall. I believe the blows upon my head were given with a pistol.

Q. It was very dry weather at that time I believe?

Legh. I believe it was.

John Dixon . I know all the prisoners at the bar; Isaac Poulton and Edmund Burton are soldiers; they two and I were together in a street in Lincoln's inn-fields; I forgot the name of the street; the street goes from the late duke of Newcastle's house to Little Turnstile.

Q. Did you ever see this gentleman (Mr. Legh) before.

Dixon. Yes; we saw the gentleman come out of a house just by Stonecutter's-alley; the footman lighted him out with a candle; when he had lighted the gentleman to the door he went back; as soon as the footman was gone in, we passed Mr. Legh, then we turned back, and Isaac Poulton knocked him down; he took his shoes off that he might not be heard as he went up to him. Poulton went to touch his hat; I believe Mr. Legh put up his hand, upon which he knocked him down, and then took his hat; Mr. Legh cried out, and we ran away. Burton and I went round the other way, and met Poulton in Little Queen-street; there he shewed us the hat; then we went into Parker's-lane to carry the hat home.

Q. To whose home?

Dixon. Poulton's home; he lived with Sarah Davis , I have seen them together many times at Davis's room. We went to the street door with Poulton, and staid till he came out; Davis was not at home; we met her in Holborn just before; he came down again without the hat; then we all went to a night house, and had some beer; from thence we went to Covent Garden. A man and I fell out there, and I was taken to the round house; Poulton and Burton came to me next morning, at the Brown Bear in Bow-street. I was cleared by the magistrate; they came away with me. They told me afterwards that the hat was pawned by Sarah Davis ; some of the money was spent at the Brown Bear before I was cleared; then we shared 2 s. or 18 d. a piece.

Q. to Mr. Legh. Was it a new hat?

Mr. Legh. I bought it about a month before.

Jonathan Rutland . I am a pawnbroker; I live at the corner of Featherstone Buildings. I have known Sarah Davis for a twelve month; I don't know either of the men; she came to our shop to pawn this hat (producing it) on the 7th of May last, in the morning; I lent her 5 s. on it. The ticket upon it says for John Jones .

Mr. Legh. I verily believe this to be my hat.

Thomas Jacob Boudillon . I am a hosier and hatter, and live in Russell Street, Covent Garden, Mr. Legh buys his hats at our shop. I verily believe this is the hat I sold to Mr. Legh; what makes it more particular is, the hat I sold Mr. Legh, was a hat that had been firred inside; we took the fir out; it appears as if some of the shag had remained, and it is the button and loop that we generally put on.

Charles Morgan . I am a constable of the parish of St. Giles, of the division which Lincoln's-inn-fields is in. I have known Davis eight years, and Poulton about three quarters of a year or a twelve-month. I know Poulton and Davis are intimate, they have told me so, and I have often seen Dixon with them.

Poulton's Defence.

Sir John admitted Dixon an evidence about three months ago; I have never been in his company since. Why did he not tell of this robbery then? I never was in company more than meeting with him in a public house.

Burton's Defence.

I know nothing at all of it.

Davis's Defence.

I don't know any thing at all about the hat.

For Davis.

Jonathan Rutland . I never knew any harm of Davis before; she has often pawned things at our shop; she has sometimes pawned things for other people.

Q. to Mr. Legh. Do you remember meeting any people in Gate Street?

Mr. Legh. I think I did just as I came into the street but I cannot be certain.

POULTON, Guilty . Death .

BURTON, Guilty. Death.

DAVIS, Guilty. T. 14 Years .

615. (M.) WILLIAM JONES was indicted for ripping, cutting and stealing 100 lb. of lead, the said lead being affixed to a certain house the property of Alexander Basset , June 24th . +

William Clark and Bladis Pallaster deposed,

"That they saw the prisoner about the house, and suspecting him, they watched him; that they found him in a stable near the house, with a large piece of lead covered with some hay; that upon their charging him with stealing the lead he first said he was ill, and could not carry such a weight, and that afterwards he told them they could not hurt him, as he had not taken it off. They also deposed, that they compared the lead and it sitted exactly the place from whence the lead had been stolen."

The prisoner, in his defence, said,

"he knew nothing of the lead." He called no witnesses to his character.

Guilty . T .

616, 617. (M.) GEORGE KEM otherwise BUTCHER , and BENJAMIN JOHNSON , were indicted, for that they on the king's highway, on William Kitchen , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a silver watch, and 2 s. in money, numbered, the property of the said William , Aug. 5th . ++

William Kitchen . I am a polisher in marble , in Portland Street, Marybone. On Wednesday the 5th of August, between eight and nine at night, I was robbed going towards Marybone Turnpike , in company with Elizabeth Spencer , between the Farthing Pye House and the Turnpike. The two prisoners both attacked us with each a pistol; Johnson d - d me, and bid me stand, or he said he would blow my brains out; bid me deliver my money; he repeated that several times over. I delivered him first a shilling and then another; he d - d me, and said I had got a watch; I made no answer, but he put his hand to my sob and took it out; I had tucked the chain in. Then he returned me a shilling back, and bid us go forward, and said if we turned back, he would blow our brains out; I went forward as far as the watch box. I saw the other that was with Elizabeth Spencer have a handkerchief in his hand, and I heard some halfpence chink; they turned back again, and said if we did not go back, and made any noise, they would come back, and blow our brains out. We went to the watch box; we met two men; I asked them if they were not in company with them; they said no. I said we have been robbed; they went with me; we met two other men, and we all five pursued them; I saw them both run over into a field, and in less than five minutes (they had before got out of my sight) I saw them in a road that goes to Portland Street, crossing out of that into the field; they went into a field where stones are laid that are taken up from the old pavement. I ran after Kem, but lost him among the stones. A person was looking out at a window, who said he saw the man go by. I went into the New Road again, and met with several men; we were at the Pye House informed that a man was in the common sewer, who afterwards proved to be Johnson; the common sewer was broke in.

Q. Is that out of the road?

Kitchen. Yes. We went there; I saw Johnson just at the hole, and another man who had got hold of him; he had disfigured his face that I could not at that time swear to his face, but I could swear to his clothes and hat. The other (Kem) was taken next night, in a street that goes out of Leicester-fields.

Q. You say Johnson first attacked you, had you ever seen him before?

Kitchen. No.

Q. Was it dark?

Kitchen. No, it was rather dusk; I could see to the Turnpike very plain; Johnson had a brown coat on and a round hat; I could see his face, I am certain he is the person. The other was dressed in a brown great coat, and such a hat as Johnson's, but I did not take so much notice of him as of Johnson. I challenged Johnson next morning as soon as he was brought out.

Q. What did you say the night before?

Kitchen. That I could not swear to his face he was so disfigured, but I could to his clothes and hat.

Q. What do you say to Kem?

Kitchen. He appears to be the same man; he is the same size and dress, but I will not swear to his face; I do believe him to be the man; I did not take so much notice of him as of Johnson.

Q. Where had you been that night?

Kitchen. I was coming from home. I went into Titchfield street to call for this young woman to take a walk.

Q. Was you sober?

Kitchen. I don't kno w that I had had a pint of beer that day.

Cross Examination.

Q. What time of the night was it?

Kitchen. About a quarter before nine on the 5th of August.

Q. What sort of a day had it been?

Kitchen. A very fine day.

Q. How far was you from Kem?

Kitchen. About a yard or three quarters of a yard.

Q. You say you never saw Johnson before, and you did not know him that night afterwards you say?

Kitchen. He was disguised.

Q. That place you say is a common sewer where Johnson was found; there is a way across the field I believe?

Kitchen. I don't know that there is any common foot path, any further than some people make a practice of going through that field; I saw the prisoner go into that field.

Q. What is Elizabeth Spencer ?

Kitchen. A servant to Capt. Mills, in Titchfield-street.

Elizabeth Spencer . I was walking with Mr. Kitchen on Wednesday the 5th of August, about a quarter before nine, and as we were walking towards the Turnpike at Marybone, the two prisoners met us; they had each a pistol. Kem presented one to me, and Johnson one to Mr. Kitchen. Kem d - d me, and bid me deliver my money, or my life, this moment, or I'll blow your brains out; I told him I was only a servant and had no money; he said d - n you don't you tell me so, I insist upon your money this minute. I told him not to be in so great a hurry and what I had got he should have; I pulled a silk handkerchief out of my pocket; I held it in my other hand; I had nothing but a few halfpence and a silver thimble, I held in my hand to shew him; he said, d - n you don't tell me so, you have more; he held the pistol fast to my breast, whilst I held my pockets, for him to feel. When he had felt in my pocket and found there was no more, he said, d - n your eyes but I will have your silk handkerchief, and I will have the price of a pot or pint of beer, I am not sure which, and he took that and my silver thimble. When they were going away we offered to go back with them, and they turned about, and said, d - n your eyes go on, make no noise, or we will blow your brains out this minute. We made a stop, and they turned about again, and repeated the same words, and bid us say nothing and make no noise; we went on and saw two men a-coming; I asked them if they had met two men; they said they did; I said do you belong to them; they said no; one of them asked what was the matter; I said they had robbed us. One of them said he heard one of the men say as they passed them, d - n me. I'll never want money; we asked them to assist, and they went in pursuit of them.

Q. Had you ever seen them before?

Spencer. Never to my knowledge.

Q. Are you sure the prisoners are the men that robbed you?

Spencer. I am positive to Kem that he robbed me. I am not positive to the other; I thought I knew him.

Q. When did you see Kem again?

Spencer. On the Friday afternoon, at Justice Welch's; I was taken into a large room where there were a great many men, I suppose there were thirty, in order to see if I knew him; I picked him out instantly; I saw Johnson at a public house that night when he was taken; I said then by the size of the man, that I believed he was one that robbed us, but he was so disfigured with dirt that I could not be certain to him; he seemed to have fell down in the dirt, his hands and face were very dirty.

Q. Have you ever found your handkerchief?

Spencer. No.

Cross Examination.

Q. Was you very much frightened?

Spencer. Yes; if it had not been for the help of a gentleman I afterwards met, I don't believe I should have been able to have got home.

Q. Then in this great fright and confusion was it possible for you to take notice of this man so as to know him again?

Spencer. Yes; there was light enough to discern any face, and I had my eyes upon him all the time.

Q. But you was in a good deal of confusion?

Spencer. I was in more confusion when they left us than when they were with us.

Q. Did you point this man out at first?

Spencer. When I first went into the room, I said I don't know; then I looked about, and I went up to him, and said that is the man that robbed me; I asked him to stand up; when he stood up I knew him perfectly.

Q. You saw his face before he stood up?

Spencer. No, his hat was over his face.

Q. You might see his face without his standing up; do you form your judgment from his face or his size?

Spencer. From both; I could not have been so very positive to him unless he had stood up, I could not have seen his dress so well.

Q. His dress was a circumstance then?

Spencer. His size and face were more.

Q. Had you pointed to any body in the room before?

Spencer. No.

Q. Did you point to the man's brother, or had any doubt of his being the person?

Spencer. No.

Joseph Debb . I am a waiter at the Green Man. On the 5th of August, about a quarter before nine, Mr. Mascall came to me, and said a footpad had got into the sewer; we took each a light from the bar; I went first; the sewer is in a field, some dung carts had broke it down, and it is rather better than a yard deep. When I came to the sewer I put the candle down and the prisoner jumped up that moment, ab, said he, what is the matter! He had been under the arch; I said you have no business here; he said he was very much in liquor; Mr. Mascall and I laid hold of him; he gave a struggle and wanted to get off; I told him it would be best for him not to struggle; he said, I am very much in liquor, how I came here I cannot tell. Kitchen came up, and said he could swear to his clothes and hat, but his face to be sure was very dirty; he said he could not swear to his face then on that account. He had fell down upon his side; his breeches and one side of his stocking were very wet. We took him to the watch house.

- Marshall confirmed this evidence; he also said that Kitchen described Johnson to them before they want to seek him in the sewer; and added, that the prisoner, after they had taken him, went through a narrow passage, where only one could pass at a time; that there they let go of him, and he did not attempt an escape, and that the prisoner was sober when they took him into custody.

Thomas Hitchcock . As I was going home from work with Mr. Monk, from farmer Gardner's, we met two men near Marybone Turnpike; after they had passed us, one of them said, d - n my eyes if ever I want money; they were going from Marybone Turnpike towards the other Turnpike; just as we had passed them we saw a man and woman before us.

Q. Did you take notice of the men?

Hitchcock. Yes; one was a tall man in a brown coat and red waistcoat, that I am certain is Johnson; the other was a short man *, I don't know much of him. When we came up to the man and woman, they asked us if we had met two man; we said we had; they asked us if we belonged to them; we said no; they said they had just been robbed of a watch and handkerchief, and the man asked us to go back and assist in pursuit of them; we followed them across the road into the field. Where the sewer it, we hollowed out, stop thief; there was a running light across the field; I saw one drop down into the sewer; I ran just past the hole and as I run past I saw him on the right (Johnson) in the hole; the other went forward; we went to the house, and these men were coming down the road; I told them there was a footpad in the sewer; they went and got a light; I watched the sewer till they came back, and then we took Johnson out of the sewer.

* Kem is short: Johnson very tall and stout.

Manolda Monk confirmed this evidence in every particular.

Joseph Rutherford . On Thursday morning about a quarter after five o'clock, Stalker came to me and said Kitchen had been robbed, and he suspected the man had hid the watch in the sewer; we both went together down into the sewer; I found this pistol there; ( producing it) it lay about three feet six or four feet from the hole, pressed down as far as the bricks would allow, and it was covered; groping about in the dirt I found the watch, about four or five inches from where the pistol was. I gave the watch and pistol to Stalker.

- Stalker. Mr. Monk gave me the watch and pistol, which I delivered to Jones the watch-house-keeper.

Richard Jones . I received this watch and pistol (producing them) from Stalker.

Kitchen. This is the watch I was robbed of.

Q. Do you know any thing of the pistol?

Kitchen. I did not take particular notice of the pistol.

- Day, a constable, deposed, that he apprehended Kem, in Spur-street, Leicester-fields; that he searched him, but found no arms upon him.

Kem's Defence.

I know nothing at all about it; I never was near that way; I never carried such a thing in my hand or about me in my life. I am a coach-wheel-wright by trade; I was drinking at the White Hart in Windmill street about half after eight o'clock, with one of my fellow servants as was; his name is George Meadows ; after that I went to Piccadilly to see a friend. I waited there for him half an hour, but he did not come.

Johnson's Defence.

The night I was taken out of the common sewer I was carried to Marybone watch-house; they took candles there, and took my hat off. The prosecutor was asked whether I was the man that robbed him; he replied no, I was not the man; the next morning he came by break of day, and said he knew I was the man by my cloaths, but he could not swear to my person; the next day he said before Justice Welch, he was sure I was the man that robbed him. They asked him if he would swear to the pistol, he said he knew nothing of it, nor of the watch, he only knew the black ribbon to it. I played at skittles all the afternoon, at the Adam and Eve; I got in liquor, and fell into this common sewer, and being overpowered with liquor I could not get out again. I am a shoe-maker : I work for my own customers; I have kept three shops of my own.

Kem called ten witnesses in the coach trade, who gain him a very good character, and Johnson called one witness, who gave him a good character.

KEM, Guilty . Death .

JOHNSON, Guilty. Death.

618, 619. (M.) GEORGE MARTIN and THOMAS ROSSITER were indicted for stealing two linen sheets, value 3 s. and a blanket, value 1 s. 6 d. the property of George Leyburn , July 18th . +

Both Guilty. 10 d . W .

620, 621. (M.) JOHN JONES and JOHN SUNDERLAND , otherwise SANDILAND , were indicted for breaking and entering the dwelling house of Aaron Franks , Esq ; on the 2d of September , about the hour of two in the night, and stealing one silver saucepan, value 10 s. one pair of silver knee buckles, value 4 s. and one pair of silver-garter buckles, value 2 s. the property of the said Aaron Franks , Esq; one gold watch-chain, value 20 s. two seals set in gold, value 10 s. six linen stocks, value 3 s. eight pair of silk stockings, value 30 s. two silk pocket handkerchiefs, value 4 s. five other pocket handkerchiefs, value 5 s. five linen-shirts, value 40 s. one pair of pocket pistols, value 40 s. one flannel waistcoat, value 5 s. and one pair of laced ruffles, value 40 s. the property of Jacob Franks , Esq; one cloth coat, value 20 s. one cloth waistcoat, value 5 s. two other linen shirts, value 4 s. one cornelian seal set in silver, value 2 s. one pair of silk stockings, value 1 s. and one pair of thread stockings, value 6 d. the property of Joseph Grover ; four other shirts, value 16 s. two pair of worsted stockings, value 3 s. the property of Phineas Ghent , and one thickset frock, value 15 s. the property of Richard Varley , in the dwelling house of the said Aaron Franks , Esq ;

2 d Count charged it as a stealing in the dwelling house. +

Mr. Aaron Franks . This day, sevennight in the morning, about eight o'clock, when I went down to my house at Isleworth , my servants told me my house had been broke open. I saw the mark of a chissel upon the lock of the iron gate, that is before the house; the lock was forced, and then I saw the window shutters of the room, where the servants hang their clothes broke open. The blind was broke; I lost two pair of buckles, one pair of knee buckles and a pair of garter buckles.

Durant. These knee buckles and garter buckles (producing them) I found in the kitchen of Mr. Sunderland's house, in the hands of Jones.

Q. How came you not to take them out of his hand?

Durant. I had enough to do to take him, and as I secured him he threw them out of his hand.

Jones. This Durant was taken up for the murder of the two men that were killed on Bethnal Green, and he is a man that would make a property of any man.

Mr. Aaron Franks . These are my property; I left them in my parlour.

Mr. Jacob Franks . The night the house was robbed I had given orders to my servant to call me at half after five; I was surprised he did not call me till six, then he knocked at my door, and said, I wish you would get up; I got up; I met him on the stairs, he said, Sir, we have been robbed, and your desk and draws are broke open; I went down stairs, and I perceived that the way they came in, was at the window of a room the servants call their dressing room; the shutter appeared to have been bored with an angur; a piece was broke out about two feet long and three inches broad; the holes were about the size of my little singer, and a joint of the window shutter was taken out. My servants trunk or chest was forced open, and there was another chest in the same room forced open, and the contents were taken out. I then went up into my dressing room, and there I saw my bureau was broke open; there were about five guineas, and three or four pounds in silver, in a little leather bag in one of the drawers, which was taken away; I put the money into the drawer on Monday night; out of that same drawer was taken a gold watch chain and two seals; there was a little door in the bureau which was locked, that was forced open, but there was nothing there for them to take; there was taken from another a set of pinch beck gift coat and waistcoat buttons; they have not been found again.

Durant. This gold chain, buckles and seals, (producing them) were in the silver saucepan, which was in the hands of Jones.

Jones. He said before he picked it off the floor.

Q. The stones I see are out of the seal.

Mr. Jacob Franks . Yes; they were not so before; I can swear to the chain; I believe the others to be mine; one was fixed to the chain when I left it, and is so now; there were a pair of pistols taken; they left one of the green bags in which they were, and in one they left a key.

Q. Where are the pistols?

Durant. The gunsmith has them.

Jones. I beg your lordship will have the gunsmith here; the gunsmith said they were not sold by either of us.

Court. Send for the gun-smith.

Samuel Thomas . I had these from the prisoners (producing a quantity of shirts, &c.)

Mr. Jacob Franks (looks at them) Four of these shirts are mine, they are marked.

Samuel Thomas . Jones came to my house last Thursday about noon, and asked me to buy some clothes; he said they were in the country, and he would bring them at night if I would sit up for him; he did not come till Friday-morning; then he took me to Sunderland's house to shew them to me. I know nothing of Jones.

Q. How came he to take them to you?

Thomas. I was taken up on suspicion of buying stolen goods; this man undoubtedly thought it was true and so came to me.

Jones. That is his original character.

Q. from Sunderland. Did not I come to you when Jones and you were disputing about the price?

Thomas. No; they were both together.

Q. from Sunderland. Did not I say if you don't agree they shall not be in my house?

Thomas. No, he never said any such word; I was to give him I think five guineas; they said they had more goods in the country; I said I would not pay for them till I had them all.

Durant. These laced ruffles (producing them) I found under the earth, in a shed adjoining to Sunderland's house; they were close by the wall as you go out of the yard door.

Thomas. I had these six stocks and two silk handkerchiefs (producing them) among the other things from Sunderland's house.

Mr. Franks. These six stocks are mine; I have my mark upon them; the two silk handkerchiefs are mine, but they are not mark.

Q. from Sunderland. Whether any person saw me near the house these five years.

Mr. Franks. None of us have as we know of.

Joseph Grover . I am servant to Mr. Jacob Franks ; I got up about half after five upon the 3d of September; I found myself locked in the room, and there was another servant with me; I was obliged to get out at the back window into the garden, and so to go round to the front door to call a servant to let me in. I was the first servant up in the house; I found the blind tore and the sash up in a small room under the stair case, that we put our clothes in. I suspected the house had been robbed; I called my master and he went with me; we found several locks broke and things lost.

Q. Do you know any thing of the things being lost; Mr. Franks has spoke of some shirts, handkerchiefs and ruffles?

Grover. I had most of those in my own care; I lost a coat and waistcoat of stone colour with gold wire buttons; the breeches were dropt; I lost several shirts and stockings, and a cornelian seal with my own cypher.

Thomas. I had this coat and waistcoat (producing them) from Sunderland's room, up two pair of stairs; they were open in the room; they lay upon the ground.

Grover. They are my property.

Durant. This seal (producing it) was in this glove, in which were several pawnbroker's duplicates; the fellow of this glove is in the pocket of this coat.

Q. from Sunderland. What were they for?

Durant. A pair of tea-tongs, four spoons and a pair of buckles.

Sunderland. They were my wife's things; I had pawned all I had, having been ill.

Grover. I lost several shirts.

Durant. I found seven more in Sunderland's house afterwards.

Thomas. I found all these things in the one pair of stairs room that I have here now; the stockings laid a-cross the horse, and these two shirts were rough (producing the goods.)

Grover. These two pair of stockings are mine, a pair of silk and a pair of old white thread.

(Thomas produces two shirts.)

Grover. They are mine, they were in my chest which was locked and was broke open.

Phineas Ghent . I am a servant to Aaron Franks , Esq; I got up between five and six o'clock, upon Grover's alarming the house; I lay with him; our room door was not fastened over night; we found it locked in the morning. I lost several shirts, silk stockings, worsted stockings, muslin neckcloths and some thread stockings; I cannot rightly say how marty of each.

Durant. I found this: shirt in Sunderland's house (producing it.)

Thomas. These two shirts (producing them) I had from Sunderland.

Durant. I found these stockings in Sunderland's chamber (producing two pair of worsted stockings.)

Ghent. These are all my property.

Q. What time did you go to bed?

Ghent. I believe about twelve o'clock; I thought about half an hour after I was a-bed, I heard some confused noise like a breaking or cracking; I listened about five minutes; I did not hear any more of it.

Q. How near was the place broken open to your bed chamber?

Ghent. About six yards on the same floor.

Q. Did you take any particular notice of what state the windows were in or the blinds or things?

Ghent. I found a part of the blinds were cut out; they got through that to the house.

Q. The window shutter is the outside of the canvas.

Ghent. Yes, it was forced open.

Q. Did you find any thing left in the place?

Ghent. Some matches were left; there was a piece of candle opposite my mistress's dressing room.

Richard Varley . I live with Mr. Aaron Franks .

Q. Who makes fast the windows of a night of the room where the clothes hung up?

Varley. I made them fast that night before the house was broke open; it was fastened with two cross iron bars from top to bottom, and a little bar which goes in the middle of the shutter; there was a blind I made fast.

Q. Who looks after the windows in general?

Varley. One of the maids; I fastened that window that night; I fastened the street door which was found open in the morning; I fastened the iron gate too; there is a lock to it and the door, and a bolt and bar; I fastened the door fronting the iron gate.

Grover. That door was open in the morning and just pulled to; I suppose they let themselves out at that after they had got into the inside.

Ghent. The lock of the iron gate was forced open.

Varley. I lost a thickset frock, a waistcoat, a pair of breeches, five shirts, three stocks, a pair of stockings and three neckcloths. (The thickset frock produced by Thomas and deposed to by Varley.)

Q. to Grover. Was it light when you got up?

Grover. Yes, quite light.

Ghent. I am butler; I know this silver saucepan to be my master's property.

Court to Thomas. Now give a full account of what passed between you and Jones in Sunderland's presence; don't say a word of what Jones said of Sunderland when he was not there; nor of what Sunderland said when Jones was not present.

Thomas. Jones came to me at my house in Wells Street, on Friday morning last, and fetched me to Sunderland's; when I came there he said come up stairs; Jones said the shirts were as good as new. Sunderland came up directly upon that; he said take them out of the house for God sake, for he would not have them there; Jones said if I would not buy them he would fetch somebody else, and immediately tied them up in a handkerchief. My intention was not to buy the goods, but to apprehend them. I asked if that was all, and they both said they had some plate in the country.

Q. Did you know of Mr. Franks's robbery then?

Thomas. No; I did it in order to bring them to justice, and clear my own character. They said they would fetch the plate and be at home at night. Jones asked me if I had any money, and would lend him a little; I lent Jones a 27 s. piece; I asked him what time they would be in town at night; they said about ten or eleven; I went to Durant, and got him, Mr. Blain and Mr. Haines to wait at the house for their return.

Q. What are they?

Thomas. One is a salesman, the other a carpenter. We sat up that night waiting for them till between twelve and one o'clock; this was Thursday night; we waited on Friday night at my house; I expected they would come there or let me know they were come; as they did not come, we went to Sunderland's house, to see if he was come to town; Sunderland's wife looked out at the window, and said he was a-bed drunk, and desired we would make it the first thing in the morning, and we might have it. I told them we had better let it alone till morning. I got up a little after six and called Durant; we fixed the Bell in the Back Lane to meet at; we met there by seven; we went to Sunderland's house; he was not at home; we went to a public house just by, and they were to send Sunderland to us. After some time he came there, and said he had robbed Mr. Frank's house two years ago; he said they had been a chisseling of him; that they had brought him bad cloth. He shewed us a news paper with an advertisement of this robbery of Mr. Franks. He said they had been robbing one another, meaning they had kept half the things to themselves, and not let him have his share. He shewed me and Durant the news paper, and said he had got two pair of pistols, and that they had chisselled him, and he shewed the muzzle of a pistol, and said, that he should have the contents his belly; he mentioned Jones's name, and that he had seven yards and a half of cloth. He shewed me the news paper, with an advertisement of Mr. Franks, and said the cloth they had sent him was not so good as that advertised; he did not show us the cloth; he said they gave him that. I recommended Mr. Durant to buy the gold and the silver saucepan; it was then at Sunderland's house; Sunderland wanted me and Durant to have it without Jones.

Q. Was any thing said where this gold and the silver saucepan came from?

Thomas. Not at that time; I was unwilling to do that because I wanted to have Jones there; he said he had a banker's draught in his pocket. Sunderland wanted to go home; he did, and said he would send for us when Jones came home. He sent in about ten minutes; we were afraid to go by ourselves; as he talked about the pistols, I thought it rather hazardous to go; there were four of us waiting; then we got William Gussett and James Man , then there were six of us; we went to Sunderland's; when we came there Jones had a saucepan in his hand and a gold chain; he asked if we had any weights and scales to weigh it. Then Gusset came in, and the other people followed him; only Jones was below at that time; Sunderland, run up stairs into the lost; there we brought him down. We secured them and then searched the house; we found the pistols and the rest of the things that have been produced; one pair of these pistols were loaded. Jones had the silver saucepan in his hand; he threw it down by him when I seized him; the gold chain, two pair of buckles and the seal were in the saucepan.

Jones. He said first, it was Friday morning I first came to him; then he said he sat up for us on Thursday night.

Thomas. No; I said he came first to me on Thursday about noon; that when he came first to me, he said he was going out of town. It was Saturday morning we took them; then the rest of the goods were found.

Jones. I hope you will enquire into the character of that man.

Court. He tells you he is a person suspected of receiving stolen goods himself; you may call any person to give him a bad character if you will.

Sunderland. Were they not to give me a shilling a piece for the use of the room?

Thomas. This is the first I ever heard of it.

Jones. Durant was taken up for the murder of the cutters; he bears a bad character.

Durant. What they say is fact; but the gentleman I worked for years, and neighbours, creditable people in the street, proved I was at my business at home at the time. I was head-borough. Thomas applied to me to see after these people.

James Man . I am a peruke-maker. Durant applied to me at the desire of Thomas to assist him. I went with them; Jones was the first man we saw below stairs; we secured him and bound him; I saw them pick the things up, they had just been thrown down. I thought I heard a noise up stairs; I looked into the chamber; I saw nothing there; Gusset went up with me; we took a loaded pistol with us of Durant's. In the Garret we saw the cieling broke between the joists, and there was a great smother. I said somebody was got up stairs; I observed a little trap door in one corner of the room; said I, let's get up here; we got up and saw Sunderland endeavouring to hide himself by the side of the chimney; endeavouring to get there pretty fast, I suppose he had broke through the rafters; he was as high as he could go except getting over the tiling, what they call the cock loft. I told him to come down or it would be the worse for him; he said, what is the matter? what have I done now? he said he had done nothing as he knew of; I said, how came you to run into such an odd place as this? with threats we got him down into the lower part of the house; we pinioned him the same as Jones, and then tied them both together. In the closet, in the one pair of stairs room, I found three pistols, two unloaded and one loaded, and in the corner another pistol loaded, bound round with an old handkerchief (producing them.) We had a search warrant, and took them before the magistrate. I was present when the ruffles were dug up from under ground and the other things.

Q. Was any thing else in the box with the lace?

Man. Some bits of paper; I saw some of the linen in the chamber. I was with them all the time, from first going to Sir John's I was with them.

Q. And the things taken before Sir John were what was taken out of the house?

Man. Yes.

Prisoner. They took what they pleased there.

Man. 'Squire Chiswick, of Spitalfields, was present at the searching and saw the things.

Q. from Sunderland. When they searched me, whether they found any thing upon me?

Man. Only some money.

Q. from Sunderland. Did not I give you liberty to search, when you said you could not without a search warrant?

Man. When he was brought down and was tied he said so.

Jones. Durant is not a proper officer.

Durant. I am head-borough for Shadwell.

Q. to Man. Is he headborough?

Man. Yes, he is.

Phillip Gusset . I went with Man, Durant and Thomas to Sunderland's house; Durant and Thomas were in before I went in; the first thing I saw when I went in, was Durant, Thomas and Jones talking together; as I went in another man, a salesman, came in on my back; he seized Jones by the arms, and said that is one of the men; he charged him, and seized him; he began struggling; I seized him and said don't struggle, if you are innocent no harm will happen.

Q. Did you see any thing taken up off the floor?

Gusset. No; I went up into a chamber, when I saw Jones partly secured; I saw no body in the chamber: I went up into a room above and saw some dust falling down, and two holes in the cieling, where I imagined somebody had stipped through; I went into the lost through the trap door; I saw Sunderland standing behind a stack of chimnies.

Q. Did Mr. Man go into the lost?

Gusset. No.

Man. I looked through the loft and saw him.

Gusset. I saw Durant searching about, and saw them find a-box with some lace, in a sort of a little wash-house; it was buried under some rubbish. We secured them, and then Mr. Durant went and got a search warrant.

Jones's Defence.

My Lord and Gentlemen of the Jury, I leave myself to your mercy. Upon Thursday last I was in town; I went towards Spitalfields; coming back I went to Aldersgate-street to call on a brother-in-law of mine, a bricklayer; I had a pint of beer, that was about one o'clock; coming towards this end of the town, near Golden-lane, I met two brothers-in-law of mine, my wife's brothers. I sent a letter to Sir John Fielding , upon Tuesday, to inform him of the people, where they were, desiring him to apprehend them. They asked me where I was going; they told me they had some things out of the country, and they desired me to go to this Thomas; they said they had dealt with him before. I had the direction to his house out of their pockets, in Wells-street, Spitalfields; they left the bundles at Mr. Sunderland's house. I went to Thomas on Thursday afternoon, not Friday morning; I told him I would be there in the evening, if I was not somebody would; I did not go that evening; the next morning Thomas told me if I had ever so many things he would buy them, let them come from where they would, and be what they would; they told me they were obligated to go into the country again. They both work in the country, one at Mitchem, the other at Martin in Surry; they desired I would bring them the money on Saturday if I sold the goods. On Friday Thomas came, and he agreed for the things, and gave me a 27 s. piece in part. On Monday night they came to town again, and I gave them part of this money; they gave these things tied up in a handkerchief; I did not know what they were; I believe the seal and saucepan; I left them there; I saw nobody, and I went home. I live at this end of the town. On Saturday morning I came; when I came I was secured, and taken before Sir John Fielding . I sent a letter to Sir John of these two people, with their name and place of abode.

Sunderland's Defence.

These men I never saw one of them before, but once in my life; it was Thomas Wright and John Wright .

Jones. Their real name is not Wright, they go by that name.

Sunderland. They came and asked if I would let them leave these things till to-morrow; they said they would satisfy me; a person he said was by; he said, William I will satisfy you for your trouble, and said, go and fetch a pot of beer; I went. I said when I was going out, take them up stairs, there is an empty room; instead of taking them up stairs into the room where Thomas took them from, he put them into my own room; when we had drank we had some more, and some gin; I asked him some questions about the country; they are two country people, one would think they hardly knew London; he said you will see my brother-in-law to-morrow morning; he asked me where the necessary was that was backwards; whether he left any thing in the yard I cannot be positive; then he went away, but as he was going I went up stairs, and said these things must not be left here, take them up into the other room, which he did; there he put them; he opened them, I believe; I did not go up that night, being late; I saw the things in the morning, and was very uneasy when I came home; the morning after I had been out; I was frightened; my wife said Mr. Jones and another man were up stairs; I went up, there was a dispute; he was to give four guineas, they had reckoned up the different articles, and there is the chalks of the different articles upon the door now; he was going to fetch somebody else; I said no they shall not be here; they agreed for four guineas; I said they should not be here; they took the bundles down; he gave the man the money; I saw him going out; when they came back I said, where are you going? he said he should be back again by and by. I said to my wife are the things all gone, she said yes; I said I was glad of it. As I had been lame a good while with a bad leg I said I would lie down on the bed and rest myself; I did. This man came and said if I would take a walk a little way he would meet me. They paid for, I believe, a pot of beer a-piece, and I went home. The next morning these other things were brought, but when I went to bed that night, I went into the closet, and there I saw them four pistols lay. I did not say a word to my wife; I was frightened; I knew she would not lie in the house if she knew it. I got up in the morning, and said Lord have mercy upon me, here is so and so in the house; she flew in a passion; I said they should not be there long; I went out of the house, and met these two people who were drinking at the Rose. I asked them if they had got the things, they said they were in our house; I was fearful; I went home again, and said I must go and lie down again; I went and laid down upon the bed; I had not been there long before I heard a prodigious noise below stairs; it struck in my head it was something more than ordinary, and I tryed to get out of the way. I had nothing with me, nor about me; they took me down; I desired them to search me; they said they could not search without a warrant; I said you may break every thing open. They took me away; when they came before the justice, Thomas was asked the first time, if ever he bought any thing of me; he said, No; and I have bought nothing of him now. He says I shewed him the advertisement - there was an advertisement of 50 l. reward - He said that he thought he could better make a property of it, and wants now to swear this for the sake of the reward; because I am certain, by all account, they are people of the worst of characters; as to the things, when they were dealing, this man said there were some old things, a shirt and an handkerchief, he bid me put them by me; and some old stockings, he said give them to your wife; there was an old ragged shirt, two sleeves, and an indifferent body to it.

Durant. What Sunderland says of going home to lie down is a truth. I asked them how they could get into a gentleman's house with servants, and when he had given an account by what means he got in, he said he would go home.

Q. to Durant. Had you any conversation with Sunderland or Jones about how they got into the house?

Durant. A great deal with Sunderland, at the sign of the Rose in Rose lane; the way we came to talk about it was; he was sent by his wife to the house as she promised; the wife produced the sausepan and seal and things, and wanted us to take them out of the house, and agree when her husband came home; he came to the house in a little while; he then got the news-paper, with respect to the quantity of things lost, he particularly mentioned some cloth; he read the article of the advertisement, particularly pointing to some cloth he said he only received seven yards, not worth above 14 d. of the good cloth; I said how could you get into the house, where there are so many servants; he said he was the first man that entered the room; I said there were only you and Jones; he said yes, there were three; that some of the servants he thought were stirring, and he locked either the porter, or somebody into the room.

Q. Had you made him any promise, or any thing in the world before he told you this?

Durant. No.

Q. Nor threatened him?

Durant. No; he looked upon me that I came to purchase the gold and silver.

Q. to Thomas. Was you by at that time?

Thomas. The same he told to Mr. Durant he told to me, that he was the first man in, and the first man out, and had locked some of the servants in.

Jones. The agreement was four guineas, not five.

For Jones.

Cornelius Goodness . I was coming home to dinner last Thursday was sevennight; Mr. Jones was coming up Aldersgate-street; I overtook him; from there we went into Golden Lane; there we met these two young men, with each of them a bundle under their arms; I knew them both; they went about their business; I went home to my dinner.

Q. Who were the young men?

Goodness. His wife's two brothers, Thomas Brent and John Brent .

Q. Had you been acquainted with them any time?

Goodness. Yes; a long time.

Q. How long have you known Jones?

Goodness. Seven years.

Q. What are you?

Goodness. I am a bricklayer.

Q. Are you brother-in-law to Jones?

Goodness. Yes.

John Turney . I am a journeyman gun-maker; I have known Jones about a year and an half; he lives in the same house.

Q. What is Jones's business?

Turner. A silk-dyer ; he is an honest just man, and always took care of his wife and family.

Q. Did you go out to work all that day?

Turner. Yes.

Abel Daw . I am a journeyman shoemaker by trade; I have known Jones better then a twelve month; I live in the same house with him; he was always a very quiet man, and took good care of his family.

John Jones . I am a journey brasier; I have known Jones about a twelve-month; he is a dyer, I believe, by trade.

Richard Green. I have known Sunderland above half a year; he rents a house next door to me; he seems to be a quiet man; I never heard any thing amiss of him before.

Elizabeth Dunn . I keep a chandler's shop; be dealt with me; his wife and daughter used to come for trifling things; I never heard any bad character of him till now.

James Brown . I am a journeyman shoemaker; I have known Jones ever since last March; he is a sober honest man and endeavoured to take care of his family.

For the Prosecutor.

Joseph Smith . I am a gun-smith; I live next door to the Fleet-prison; I bought a pair of pistols; I saw an advertisement the pistols seemed to answer; I carried them up to Sir John Fielding 's; he ordered me to give them to the gentleman that was robbed; I gave them another pair of pistols in exchange for them.

Q. I suppose you will know the pistols you gave in exchange for them?

Smith. I could not swear to them.

Q. Cannot you tell what goods passes through your hands?

Smith. Not at all times.

Q. Look at those ( shewing him the pistols found at Sunderland's) are those the pistols you gave in exchange?

Smith. These are not the pistols I am certain.

Jones. Guilty . Death .

Sunderland. Guilty. Death.

See Jones an evidence against William Brent , alias Brett, (his brother-in-law) who was capitally convicted for stealing money and bank notes, to a very great amount, the property of Lady Mayo, No. 684, in Mr. Alderman Trecothick's Mayoralty: See him also an evidence against John Sunderland , John Murphy , and William Thwaites , upon three indictments, No. 638, &c. in Mr. Alderman Crosby's Mayoralty.

See Sunderland tried, No. 638, &c. in the last mayoralty, when Jones was an evidence against him.

622. (2 d. M.) ROBERT CROOK and CHARLES GIBSON were indicted, the first for feloniously making an assault on Charles Gibson , and against the order of nature, carnally did know the said Charles Gibson , and with the said Charles Gibson did commit and perpetrate that detestable and abominable vice not to be named amongst Christians, called Buggery; and Charles Gibson for that he at the time of committing the felony, aforesaid feloniously and wickedly was consenting to, and did permit him, the said Robert Crook the said felony and buggery to commit against the Statute, &c . September 3 . *

John Brittles . I am a Dye-sinker, Engraver and Button-maker; the prisoner ( Robert Crook ) is a shopmate of mine; we work for Mr. Bowyer. Crook and I lay together for fourteen months; when he came home at night on the 3d of September, he told me some man had been treating him with six pints of beer, in order to make him drunk.

Q. Did he say who the man was?

Brittles. No; and when he was drinking then he asked him to go out into the back yard; that he went out to make water, and the man followed him, put his hand in his breeches, and pulled out his y - d, and said it was a very good one, and he liked it very well; and so he pushed onward to the vault; that after he came there he worked his y - d till he made it f - d in his hand; that afterwards he pushed him down upon the seat, sit upon him, laid hold of his y - d, and pushed it into his b - e. I asked him if he perpetrated the fact; he said no he did not in the least.

Q. Did he say whether he entered his body or not?

Brittles. He said the man put it in, and jostled up and down; but he could do nothing at all because he had f - t before.

Q. Did he or not say whether he entered his body?

Brittles. I cannot be sure of that; I asked him if he knew what he was doing of; he said no he did not, for he was almost drunk; I told him that it was a bad affair, and if he was taken up he must be tried in a court of Justice; he said, the man ( Charles Gibson ) was to come down again as the next day; he came on Sunday night, and he saw him again and said he would have him taken up directly; he said before he would have him taken up as soon as ever he saw him; accordingly he went up to the watch-house, and acquainted the people of the watch-house of it; when they came they were both sitting in a box together drinking behind the bar, at the Red Lion, Moorfields; he said he went down into the yard another time, and the man followed him, but he gave him the slip; I asked him why he did not cry out, he said he was afraid.

Cross Examination.

Q. How old is Crook?

Brittles. Nineteen.

Q. From your account of the matter, Crook's confession to you purported, that he had been forced by Gibson?

Brittles. Yes.

Q. And that he was much in liquor at the time, and that it was against his inclination?

Brittles. Yes; he made him drink on purpose, I believe.

Q. I think, Crook, when he told you the story, proposed going before a Justice of the peace, did he, or did you propose it to him?

Brittles. After I told him it was a very bad affair, he took on and cried himself to sleep, and declared he would have him taken up. He went up to the watchman in order to have him taken up. Gibson was at that time at the Red Lion; they were both taken up together.

Q. Did Crook make any complaint before the Justice against Gibson?

Brittles. Yes; the same I have mentioned.

Q. He meant to prosecute Gibson?

Brittles. Yes; he told the story to Mr. Wilmot.

Q. Did he swear to it?

Brittles. I cannot tell; he said Gibson afterwards wanted to perpetrate the fact upon him, and he would not let him.

Council. The commitment is upon oath of Robert Crook for assaulting him and attempting to commit upon his body the detestable sin of sodomy; then the said Robert Crook is committed by the same Justice upon his own confession.

John Lee , a shop-mate of Crook's, deposed,

"that he lay in the same room as Brittle and

"Crook, and that he heard Crook give the

"same account to Brittles, as Brittles had deposed.

"On his cross-examination, he said Crook

"told Brittles that Gibson drew a pen-knife on

"him, and that he submitted to him by compulsion."

James Mills . I am a watchman in Moorfields; on Sunday the 6th instant Robert Crook and John Lee came and called me out of the watch-house; the story Crook told was as follows; that Gibson came on Thursday night to the Red Lion; that he had drank his pint of beer, and was going out; that Gibson would have him drink with him; that he went out to make water, and Gibson followed him, and said he wanted to speak with him; and when they came down to the vault Gibson said, did not you know Dick that lived at this house? he had a fine t - J, almost as big as my wrist; you are just such a lad as he was, let's see if your's is as big as his; that then he put his hand into his breeches, and got hold of his y - d; that then he worked his y - d till he s - t in his hand; that he kept chasing of him till he made the blood come from his y - d, and then he put Crook's y - d in his b - e twice or three times, I am not sure which; I told him to go to the Red-Lion, and I would follow him; when I went to the Red Lion, I saw Crook and Gibson in a box together drinking a pint of beer together; I went for Mr. Dennis; then Lee called Crook out; he had not been out long before Gibson followed him; Gibson came in again and sat down at the table; then we secured him.

On his cross-examination, he said,

"that

"Crook came to him in order to have Gibson

"secured; that Crook said he was forced by

"Gibson; and that he believed Crook's drinking

"with Gibson at the Red Lion, was merely

"as a signal to point the man out to them."

James Dennis . I am headborough; last Sunday was a week, at 10 o'Clock at night, I was sent for to the Red Lion; I saw Gibson and Crook drinking together; I saw Gibson take hold of Crook's hand, and put his head across his face, and I believe he kissed him; he put his face close to him; they sat in a darkish place; I could not see clearly; and he said come my dear, my love to you, and drank to him; Crook was called out of the door, I believe, by Mills the watchman; I followed him; Crook said, Mr. Dennis, I have something particular to say to you; I will tell you the whole affair, that man that was drinking with me is a buggerer; he forced me to bugger him twice last Thursday night; he came here, sat down, and asked me to drink with him, and he began to talk to me about men's things, that such an one had a large thing, and another had a large thing; at last he said what sort of a thing do you think that woman would require (speaking of a person in the house); at that time, says he, I went into the yard to make water, he came into the yard while I was making water, took hold of my y - d, and begun to work it with his hand; he then asked me to go down to the vault with him, which I did; he pushed me back upon the vault, and worked me in the same manner on the seat of the vault till I did it in his hand; after that he kissed me very heartily; then Gibson unbuttoned his own breeches, put my hand to his p - e parts, and kept tickling me about ten minutes; then he said now it will do; he then turned round, and put his naked breech into my lap, and put his hand behind him, and put my y - d in his body. I asked him what he thought of himself, he said Gibson forced him to do it; I said don't tell me of forcing of you, do you think any body could have forced me to do so? I would have knocked his brains out; why did you not cry out for assistance?

Q. Did he give any reason why he did not call out for assistance?

Dennis. No; I took them both into custody, when he came to the watch-house, he told me further, that he went out a second time, about an hour after the first time; after they had drank two or three pints of beer, Gibson asked him to go out to the vault again, and that then he put it into him again, but said he could do nothing; that he tickled him, and acted all that beastly stuff over again. I asked him particularly, Did you enter his body? he said he did.

On his cross-examination, he said,

"that Crook

"had, previous to telling him this, communicated

"his intention of having Gibson taken up,

"and that he gave him charge of Gibson."

William Toovey . I was officer for the night; Mr. Dennis, the beadle, sent for me to the watch-house about half an hour after ten, to take charge of the prisoners; I found the watch-house full of people; there were two shirts brought there; Crook was giving an account of what had passed between him and Gibson; he said Gibson forced him to do what has been related before; he said when he was upon the vault, Gibson placed himself upon him, and worked himself up and down till he hurt him very much in his body; that he made a second attempt; that Gibson tried it then, and it would not do; then he kissed it, and rubbed it; (this declaration was made before a great number of people); I went out of the watch-house then; when I came in again I said that he should take Crook to another watch-house in our liberty, and I took care of Gibson. When we took them before Justice Wilmot, Crook told there how Gibson had used him; Mr. Wilmot said he looked upon them both alike guilty, and committed them both: there was a shirt produced there that was bloody; I am informed it has been washed since; he acknowledged both in the watch-house, and before the Justice, that he entered Gibson's body.

John Gray . Crook was brought to our watch-house, in Swan-yard, on Monday morning, by Dennis; Crook said that on the 3d of September he left off work in the evening, about seven o'clock; went to the Red Lion in Moorfields, to drink a pint of beer; that just as he had drunk the beer, Gibson came in and sat down by him; that Gibson asked him to drink with him; that when he called for another pint, he asked him if he knew Dick that had lived there; said he, he had a fine - fit to do Mrs. - ; he said after that, he went out at the door to make water, and Gibson followed him, and said, what sort of a c - k have you got? Dick was just such another slim young man as you; let me teel it; which he did; he said it was not so big as his; that then he took him down to the vault, forced him down on the seat, onbuttoned his breeches, then worked him till he made it come, and then sucked it; that he worked it again sometime; that then he pressed him very close, called him his dear, hugged him and squeezed him and sat down, put his hand behind him, and put it into his b - e, and worked up and down till he hurt him vastly, and he believed made him bleed. I asked him if he was in his body; he said he was; that then they went into the house, and sat down, and drank two or three pints of beer; that the y staid in the house about an hour; that then he (Crook) said he wanted to go to the necessary, and he went down, and Gibson came to him when he had been there about a minute, and used him twice as he had done before; that then he said now let me enter you, and unbuttoned his breeches; but he said he catched hold of the door, and gave a spring up, said he should not, and ran from him.

Cross Examination.

Q. Who carries on this prosecution?

Toovey. Our parish.

Crook's Defence.

I have nothing to say but what they have said.

Gibson's Defence.

This man forced his discourse to me by producing four or five rings, and a breast buckle, and wanted me to buy them. I was in liquor; I lost a silk handkerchief and a penknife out of my pocket; I did not suspect that he had it, till he acknowledged before the justice that he had borrowed it to pick a marrow bone with. If I was guilty of it, how came he not to secure me in the public house, when so many people were there. I staid till the house was shut up; I went out and wished him a good night; I went again last Sunday was a week to know if he had got these rings finished, for they were in the rough when he had shewed them me before; he told me then that they were metal only, to be cast, and he was a button maker; I said there was no harm, and shook hands with him; he went out with that young man to make this declaration to the constable. If I had been guilty of any such act I should have suspected them, and have gone about my business; instead of that I called for a fresh pint, and waited for his coming. I went to the door and saw these men talking together; I knowing no harm, came in and sat down by the bar; up came one of the men, and said you are my prisoner; I asked him for what; and told him he mistook. I went to the watch-house, and then heard this man say what he did, but not so black as before the justice; he sent home for his shirt; it was all soul in the skirt; he said that was not it; he sent home for another; when that came it was in the same condition; somebody asked him whether he had been buggering somebody in the other shirt at the bean feast, which he said he had been to; he said, no, the necessary was soul, and he had fouled himself in that manner.

Crook called John Brittles , who had been his bedfellow for fourteen months, who deposed that he never had reason to suspect him addicted to any thing of the sort. His master Mr. Bowyer, for whom he had worked fourteen months; Richard Coope , who had known him thirteen or fourteen years; Thomas Lowe about fourteen months; Thomas Povey about twelve months; John Cardwell about twelve months, and Peter Osborn three months, who all gave him the character of a very sober, honest youth.

Gibson did not call any witnesses.

Both acquitted .

623, 624. (M.) JOHN CHAPMAN and ANN the wife of JAMES NIMMY , were indicted, the first for breaking and entering the dwelling house of Richard Spratly , on the 12th of July , between the hours of twelve and two in the night, and stealing six silver tea spoons, value 6 s. a silver table spoon, value 4 s. a silver pepper castor, value 2 s. two damask linen table cloths, value 6 s. four linen aprons, value 4 s. one striped lawn apron, value 1 s. a cloth coat, value 2 s. a black crape gown, value 2 s. a pair of men's shoes, value 8 s. one pair of base metal shoe buckles, value 3 d. and six yards of check cotton, value 6 s. the property of Richard Spratley , in his dwelling house , and Ann the wife of James Nimmy for receiving the above goods, well knowing them to have been stolen . +

(The witnesses were examined apart at the request of the prisoners.)

Richard Spratley . I live in White-horse-street, in the parish of Stepney ; I am a deputy coal-meter ; my house was broke open on Sunday night the 12th of July; we went to bed between ten and eleven o'clock; my wife and I were the last up; the doors and windows were all fast; my wife and I both looked at them. When the lodger got up in the morning, about five, he alarmed us directly; when I came down, he had taken up a candle from the ground in the passage, and there were two candles upon the dresser; I saw the grease of the candles on the floor, and I saw two on the dresser.

Q. Were they there over night?

Spratley. No; one of them had scorched the dresser cloth almost through; the next thing when I went into the parlour, through a long passage, I saw the bureau drawers in the parlour pulled all about.

Q. Were the drawers fastened?

Spratley. No, I believe not. The next thing I saw was the sash of the parlour window shoved up, and the shutter pulled close to, not fastened. They drank a bottle of wine that was standing on the cupboard in the parlour, half a bottle of brandy and a little rum; they opened a jar of pickles, to see what was in it I suppose; they took out a black waistcoat and a pair of breeches out of the drawers the bottom of the bureau. There were taken out of the kitchen, a pair of silver spoons, the table spoons, a silver pepper box, two damask linen tablecloths, and a great many things, the linen apron and black gown; there was a pair of shoe buckles, they were not mine, in a bureau, and some checked cloth, enough I believe for three shirts, and a great coat. Here is a piece of the bottom of the window, that the shutter comes to, to keep the bolt that they wrenched out; (producing it) there was another bolt about the middle of the shutter upon one side, that they shoved back with some instrument; I am certain it was fast over night.

Archibald M'Nabb produced a great coat the prisoner Chapman had on when he took him.

Prosecutor. This belonged to a lodger of mine; I found this large chissel in the pocket of the great coat (producing a chissel.)

Elizabeth Jones . I had this black grape gown (producing it) of Ann Nimmy

Q. Did you know her before?

Jones. Yes.

Prosecutor. I am not quite certain to the gown; my wife is very big, near her time, and could not come out; she expects to be brought to bed every minute.

Jones. Margaret Wilson told me whose it was.

Q. to Margaret Wilson . Do you know Ann Nimmy ?

Wilson. Yes, I have known her a great while; she takes in washing, and works hard; I know nothing about the gown; I never heard her say any thing about i, all I know is about the buckles, which Edward Wright has got.

Edward Wright . I gave the prisoner a shilling and my buckles to boot for these; they are bath metal.

Wilson. I had these buckles of William Evans ; he had the buckles upon his finger; he asked me to change buckles with him; I did, and Edward Wright changed buckles with me.

William Evans . John Chapman and I got these buckles out of Spratley's house; I cannot rightly tell the day of the month; it was on a Sunday night; we went out with an intention to break open some house.

Q. What age are you?

Evans. Seventeen the first of June last. The house was in White-horse-street; the watchman was going past one o'clock; John Chapman had a chissel in his pocket, a long chissel, a rusly one; he bid me look out that no-body came by; I stood within a yard or two of him; he put his shoulder to the bolt, and pulled very hard, and broke it open; after we had broke it open, the watchman came by to call the hour, past one; we put the shutters to and went a little further down a turning, till he went to his box again. When the watchman went to his box we got in; John Chapman struck a light; we both went in, and shoved the window up; we pulled the window shutter to again, and he had a key that he pulled out of his pocket, or was in the bureau; he pulled the door open; he had a candle in his pocket, wrapped up in a bit of paper, and a tinder box and matches, and pulled the drawers open, one at a time, and took out what was in them; there was a blackish gown, and some cotton to make shirts of, some striped cotton, and a great large table cloth flowered; there were a great many more things I cannot justly mention.

Q. Where was the bureau?

Evans. Standing on the left hand side when we went in at the window.

Q. to Spratley. Is that right?

Spratley. Yes.

Evans. Then we went on three or four steps the same side of the room, where there was a good deal of china; we saw the pepper castor with some pepper in it, and a silver spoon; one spoon bigger than a tea spoon; there were two bottles with liquor, one wine I believe; Chapman drank, and then said to me drink; I did; we laid the things upon the ground. I went backwards and searched where the coppers were, there I found half a dozen of tea spoons, in a cupboard where was victuals; the handles of the spoons did not turn up, they went downwards.

Spratley. They were so, they were in such a cupboard.

Q. Can you read and write?

Evans. Yes. We looked down upon the ground, there was a great deal of copper saucepans and some shoes; I took some of the buckles of; I took one buckle out there in a place on the right hand side in the cellar; I saw some e shoes, and took another buckle out of an other shoe; the buckles have a stamp in the side much like silver, I thought they were her.

Q. What is the prisoner?

Evans. I am not very much acquainted with it; he tells me he is a sea-faring man.

Q. Did you take any thing else?

Evans. Not that I know of.

Q. How many candles did you take there?

Evans. We had but a little piece in our ket; John Chapman took a bunch of candles a little place in a cupboard, and lighted

Prosecutor. There was two pound in such a

Evans. We tied them up in bundles, and brought them over the fields; he carried me down Old Gravel-lane, to (I believe the place is) Broad-street where Mrs. Nimmy lives; he carried them up stairs, and I lay with him all night. Chapman lodged in her house then.

Q. Does she live with her husband?

Evans. Yes.

Q. What is he?

Evans. A watchman I believe; he watches in the night, and works in the day.

Q. Did you see him there next day?

Evans. No. Chapman carried the things away in the morning; I got the cotton to make some shirts of; I brought it to Mrs. Nimmy; I knew her very well; she asked me whose they were; I said my brother bought them for me; I said I was going apprentice, and my mother would pay her, when they were made; I cannot tell where any of the other things were carried; Chapman gave me 12 s. for my share; he sold the things.

Q. To whom?

Evans. I don't know.

Q. Did you never see any of these goods at Mrs. Nimmy's?

Evans. No.

Q. When you carried the shirts, were none of the goods there then?

Evans. No, I did not see any; the gown was the same colour and same sort as this. I kept the buckles I believe a week; I came down with a pair of buckles on my finger; I said I bought them for silver, and they were not; I changed with her; these are the buckles that were taken out of the house.

William Thomas . I lodged at Mr. Spratley's; I bought the buckles at Bath, and the tongues which were first broke in them; I broke one, and had another put in; it is rougher, not so highly finished as the other; ( looks at the buckles) I am sure these are my buckles. If this coat is mine, there is a small piece of cloth in the cape cut oval fashion, which I sewed on myself. (The jury inspect it) This coat is my property.

Evans. The chissel was much like this, I cannot swear to it.

Moses Hyams . On the 23d of July, I and Wright took Evans and another lad; we brought him to Justice Sherwood's; he was sworn in as an evidence; he said the old woman bought the things; a little woman there told Wright and I where she was; we went and took her; she said he had left a bundle that had this check in it.

Evans. I believe this is the check.

Thomas. This is my cloth, I have a shirt the same on it; it was cut in different piece for making shirts. (The bundle opened; the check appeared to be ready for making.)

Hyams. I took these out of Chapman's pocket (producing two pistols.)

Nimmy. When Justice Sherwood's people took me, they took some silver spoons that I bought.

Chapman. And they took some money of me, Farrel has it.

John Farrel . Smith and I went to search this house; we found three cags of liquor that were taken out of a house over the water. I saw this coat taken off Chapman's back.

Margaret Wilson . They took the fowls out of the house, killed them, and had them dressed, and they took fifteen eggs out of the basket and had them fried, and they took a breeding doe rabbit away.

Court. I should be glad to see a prosecution of that sort.

Chapman's Defence.

I know nothing of these things. I bought the coat in Rag-Fair of a woman there.

Nimmy's Defence.

I bought the gown and paid half a guinea for it; the man told me it was his wife's gown; he was going to sell all his wife's things off; the prisoner said his wife was dead; I know her well.

CHAPMAN, Guilty . Death .

NIMMY, Acquitted .

See Nimmy tried No. 26 and 222 in the present mayoralty.

After the trial the court upon enquiry found that Justice Sherwood's people had plundered Nimmy's house when they took her into custody, of four live fowls, a live doe rabbit, fifteen eggs, which they had dressed, and a pound of tea; and ordered them, at the peril of a prosecution, to make her satisfaction, when it being referred to the jury to set a value upon them, they set it at 18 s. which was immediately paid her.

625. (L.) WILLIAM ROW was indicted for stealing fifteen guineas, a half guinea, and two shillings and six-pence in money, numbered , the property of Benjamin Bonnet , March 12 . ++

Mr. Benjamin Bonnet . I live in Token-house-yard . The prisoner was my servant ; he came to live with me on the 2d of last November, and staid till the 28th of March. On the Saturday immediately preceding the 11th of March, I went out of town; I counted the money I had in a little bag in my desk; there were fifty-four guineas. When I came to town, on Wednesday morning, my son-in-law paid me twelve guineas he had received for me, which I put in the bag; and on the 11th of March I put in eleven guineas more. I was alarmed the next morning by my maid, who informed me that the prisoner had told her the house had been broke open. The head of a pin which fastened the cellar door was filed off. I found sixty-two guineas and a half spilt; the bag was taken out of the desk, and another bag, in which was a single half crown, was cut in the corner; there was a small hole cut in the desk, hardly large enough to put a half crown in. The desk was locked when I came to it; several of the guineas were pitched; they adhered together so, that if lifted up with a stick or any thing they were too wide to come out of the hole, and so I suppose dropt down again. The bags were upon the ground, and one corner of each purse was cut. From all appearances I suspected it must be done by somebody in the house; I charged the prisoner and the rest of the servants, but made no discovery till the 28th of March; when, while I was at Blackheath, I was informed the prisoner had bought a watch of one Mrs. Parker, at Greenwich; her son brought me a guinea they had received of the prisoner, which had pitch upon it; that made me suspect the prisoner. I had him before a justice at Greenwich; there he confessed that he had taken out of the desk fifteen guineas, a half guinea, and a half crown piece, and that he had bought the watch he had been seen with, with part of the money, and that ten guineas of it were concealed in my cellar, at my house, in Tokenhouse-yard, under some planks, near the small beer cask; he said, he took the money out with a small piece of wood pitched, to which the money stuck. I desired Mr. Cooper, my son-in-law, to make a search for the money, and to get Mr. Norman to assist him; he being a carpenter, he would be useful if it was necessary to remove any planks.

William Norman . I live opposite Mr. Bonnet ; on the 30th of March, about nine in the morning, Mr. Cooper came over to me, and informed me, that Mr. Bonnet had been robbed; I went to Mr. Bonnet's. Mr. Holding, Mr. Cooper, and I searched the cellar, and under a board placed for to stand on when they drew beer, Mr. Holton picked up a parcel, in a rag, tied round with a bit of a ribbon; it contained ten guineas stuck together with pitch. I went to Justice Russell's; there I heard the prisoner confess that he hid the money there, and that it was his master's.

Mr. Cooper confirmed this evidence.

- Parker. The prisoner bought a watch of me on the 14th of March, for three guineas and a half.

Prisoner's Defence.

I know nothing of it: I was in liquor, and said any thing.

Guilty . T .

626. (M.) JOHN BROWNING was indicted for stealing seven linen shirts, value 3 l. seven linen stocks, value 3 s. three linen handkerchiefs, value 2 s. seven pair of cotton stockings, value 7 s. one pound of rappee snuff, value 2 s. one green woollen bag, value 3 d. and one linen bag, value 3 d. the property of Thomas Simkins , in the dwelling house of George Burt , August 1 st. *

Thomas Simkins . I live at Mrs. Mead's, Chappel-street, Grosvenor-square; upon the 1st of August I was going out of town, between six and seven in the morning; I took my bag to Mr. George Burt 's, the corner of Park-street . There were in the bag the things mentioned in the indictment, (repeating them.) I laid them down in the tap room, and called for a pint of beer, to wait for the coach's coming; on the coach coming up the street, I went to the door in order to meet it; this John Browning in the mean time took the bundle out of the house. I found it upon him at the Three Tuns, Coleman's Muse, in about five minutes after. William Leader , this little boy, saw him go along the street; (one shirt and one stick produced) I found them all on him. The justice ordered me to bring one shirt and the bag, and send the rest home to wash.

Q. to William Leader . What age are you?

Leader. Past fourteen.

Q. Do you know what an oath is?

Leader. No.

Q. What will become of you if you give false witness?

Leader. I am sure I shall not.

Q. If you do what will happen to you in the next world?

Leader. I don't know.

Q. Did you ever learn your catechism?

Leader. Yes.

Q. Don't you know what it is to take an oath?

Leader. No.

Q. Suppose you was to say any thing false against the man, what will become of you?

Leader. I don't know.

Q. Have you been ever told there is a God that punishes people that do wicked things?

Leader. Yes.

Q. Is it not a bad thing to say that that is false of a man?

Leader. Yes.

Q. What do you think would become of you in the other world if you was to do so?

Leader. I don't know.

Q. What becomes of wicked people after they go out of the world?

Leader. I don't know.

Q. Have you heard of Heaven and Hell?

Leader. Yes.

Q. What do you think becomes of wicked people?

Leader. They go to Hell.

Q. If you take a false oath, do you think you shall go there?

Leader. Yes.

Court Swear him - (he is sworn.)

Q. Do you know the prisoner took it?

Leader. Yes; between six and seven o'clock in the morning, the prisoner came to Mr. Burt's, he called for a pint of beer, and enquired for one of the lodgers. I drawed him the beer and he sat down, and stayed some time; soon after this a gentleman's servant came in with a bundle of linen.

Q. Was that the last witness?

Leader. Yes; he called for a pint of beer, and laid the bundle down on the table; he went to the door and took a coach; somebody called to my master, and asked whether he had put the bundle by?

Q. Who called to your master?

Leader. My fellow servant; he said, no, he had not, and sent me after the man to see to take him.

Q. How did you know the man took it?

Leader. Because the man was missing, and there was nobody in the house but him; I went after him, and catched him at Green's, the Three Tuns.

Q. How came you to go into the Three Tuns?

Leader. Because the prisoner had bid me to tell one of our lodgers to come there to him.

Q. When did he tell you that?

Leader. Before this man came; the lodger was an old clothes man; I was to tell him to come there at breakfast time, and bring the hats with him. On going in, there I found him; he asked what I wanted; I told him I wanted him, and told Mr. Green to keep him there till I fetched my master; he sat by the bundle, and had his arms on the table; my master took it away from him.

Q. Was you present when he took it?

Leader. My master took the bundle and gave it to this man.

Q. Did the man say it was his?

Leader. No; he asked my master to drink; he said he would not.

Prisoner's Defence.

I went to the Three Tuns; a man came in and laid the bundle down by me, and said, will you take care of this bundle, I am going two or three doors further. I never had it in my arms.

Guilty . Death .

627. (L.) JOHN WILLIAMS was indicted for feloniously forging and counterfeiting a bank note , in the words, letters and figures following,

No. 453

I promise to pay to Mrs. Frans Jewson , or bearer, on demand, the sum of Ten pounds.

London the 10 day of Feb. 1772. For the Gov. and Comp. Ten of the Bank of England.

Wm. Jackson Ten Entered B. Lambert against the form of the statute, &c.

Second Count the same as the first, only describing it thus

"a certain note in form of a bank note."

Third Count same as first, with this addition,

"with intent to defraud the Governor and Company of the Bank of England."

Fourth Count same as second, with this addition,

"with intent to defraud the Governor and Company, &c."

Fifth Count same as first, with this addition,

"with intent to defraud Viet Mitchel ."

Sixth Count same as second, with this addition,

"with intent to defraud the said Viet Mitchel ."

Seventh Count for feloniously forging and counterfeiting, &c. a certain promissary note for the payment of money, (describing the note) with intent to defraud the Governor and Company, &c.

Eighth Count same as seventh, only to defraud the said Viet Mitchel . Aug. 1st . ++

Susanna Lunn . I serve in the shop of Mr. Mitchel, a jeweller and sword-cutler , in Cornhill .

Q. Did any body come to Mr. Mitchel's shop in August last to buy a sword?

Lunn. Yes; a person who called himself Johnson.

Q. Did he bargain with you for a sword?

Lunn. Yes.

Q. What day was it?

Lunn. Thursday the 20th.

Q. What time of the day?

Lunn. Between four and five o'clock; he bargained for the sword for four guineas and a half, and said he would go to a coffee-house, and send the waiter for it; in giving him change I gave him a guinea too much; out of the change he was to give me four shillings, two of which he gave me; he tendered me a bank note.

Q. Is that the note? ( shewing the witness the forged note.)

Lunn. Yes, it is; I gave him three guineas, two moidores and half a moidore; he gave me two shillings in the shop, and said he would send the other two by the waiter whom he should send for the sword; when he was gone, I counted it over again, and found I had given him a guinea too much.

Q. He did not mention any coffee-house then?

Lunn. He said he would go to a coffee-house, and send the waiter; when the young man from the New York Coffee-house brought me the two shillings, I found my mistake; I gave him back my figures, and desired he would send me a guinea and two shillings; while he was gone for the change I sent the note to the next door, to know if it was good; they sent it to a banker's, and the answer was, I think rather suspicious; at my request it was sent to the Bank; the Bank stopt it, and some of the gentlemen came to know whom I had taken it of; I gave the best account I could; they sent, but the man was gone from the coffee-house. He returned me the one pound three shillings; the sword never was delivered; the young man was to have had the sword at the time he gave me the one pound three shillings. I had sent to the Bank, and detained him till the messenger came back.

Q. After you heard this note was not a good one, did you ever see him any more?

Lunn. No; the Saturday following one Mr. Williams came.

Q. Do you know who the person is they called Mr. Johnson?

Lunn. I never saw him before; he is not the person that came on the Saturday, that is the prisoner.

Q. What time did he come?

Lunn. Between seven and eight in the evening; he asked me if a Mr. Johnson had not bought a sword the Thursday before; I told him he had; he asked me if the note was good that I took of him; I told him it was not; he said Mr. Johnson had been imposed on by a horse dealer, who gave him two bank notes, one of which proved bad, and fearing mine might be so, he had sent me back five guineas and six-pence, that I might be no looser. I told him Mr. Mitchel was out and I had not the note; he seemed desirous of leaving the money, but I refused it, not having the note with me; he wished to leave the money, and I was to send the note on Monday to Mr. Williams, at Young Slaughter 's coffee-house; I refused the money, and said I would send it on Monday; then he made the offer to come himself on Monday at twelve o'clock; he went away. On Monday morning I went to the Bank to ask for the note; there was no-body of any consequence at the Bank then to give me an answer; I told them I should get the money at twelve o'clock for the note. Mr. Russel and Mr. Payne came over, and said they would send two proper persons to apprehend the man when he came; they sent the note; I was to give it the man and get my money; two proper men came over, but Mr. Williams did not come till the afternoon.

Q. What time?

Lunn. I believe about six or seven o'clock; he then asked me if I had got the bill; I asked him if I was to keep the silver hilted sword or the steel one, that Mr. Johnson had looked at; he said the steel one should be laid by for him. I then asked him for the five guineas and six-pence; he did not give it me till I produced the note; I gave him the note, and then he gave me the money; I gave him the note, and then the proper people the governor of the Bank had sent got hold of him; after that he gave me the money.

Council. Describe the manner of his taking the note.

Lunn. I cannot; when he came for the note the first time he seemed much flurried; he said he had run, and was out of breath. When the men laid hold of him, he enquired the reason of that treatment.

Q. What did he do with the note at the time he was apprehended?

Lunn. I don't know he had it in his hand.

Q. Look at that note, and see whether you are certain by any mark upon it, whether that is the identical note he gave you?

Lunn. Yes; here are the initials of my name upon it, which I wrote at my Lord Mayor's in the evening

Q. Did you write your name upon it before you went to my Lord Mayor's?

Lunn. No; but I remember it to be the same; here is a name upon it. John Cummings ; I think it is; that was upon it at the time I took it of him.

Cross Examination.

Q. You said you gave the note to the prisoner when he came between seven and eight o'clock?

Lunn. Yes.

Q. When did you first see the note after that?

Lunn. The same night.

Q. How long was it out of your custody?

Lunn. I suppose not half an hour; the moment he was apprehended, we went to my Lord Mayor's; there I put my initials upon it.

Court. Did you say you observed the name Cummings upon it when you took it?

Lunn. I did.

Q. Who delivered it to the Bank?

Lunn. An apprentice of Messrs. Stinton and Brown by my desire went to the Bank, to know if it was good, and to bring the cash if it was; that was on Thursday.

Q. How long was it before you had it again from the Bank?

Lunn. Not till Monday.

Q. Then you did not see it till the Monday following?

Lunn. No.

Q. I think you said the prisoner, the first time he came, told you that his name was Mr. Williams, at Young Slaughter 's Coffee-house?

Lunn. Yes.

John Boult . I am one of the cashiers of the Bank.

Q. When was this note first brought to you?

Boult. On the 20th of August, about a quarter before five in the evening, it was brought to me for the money; the lad that handed it over, said he wanted the money for it. I having many of the banker's clerks round me, in a hurry took the note; at first sight it appeared to be a bank note; seeing Jackson's name, I went to write my name, in order that they should have the money; perceiving the ink sink I turned my eye to the Britannia, there I saw it blotted; I turned it up to the light to see if it was our paper, and I saw it was not.

Q. What is the mark in your paper?

Boult. There is wrote Bank of England in the moulds, and that makes the impression in the paper.

Q. You are satisfied that it is not a real bank note?

Boult. Yes, I am certain of it; I then asked the person who produced it, who he brought it from.

Court. That is not material.

Cross Examination.

Q. I believe that mark is not always in bank notes visible in the paper?

Boult. Sometimes it is not so, when a note has been long worn in the pocket and is dirty; it is always so when we issue them.

Q. Sometimes it is so feebly marked in the paper that it is very difficult to trace it at first?

Boult. Yes; there are other marks besides that.

Court. Is there any instance of your issuing a bank note upon the paper of which these words are not legible?

Boult. None at all; we never issue them without its being very plain.

Council for the Crown. Upon the whole I understood you to say, you are positive this is a fictitious note?

Boult. Yes.

Q. to William Jackson . You are a cashier of the bank too I believe?

Jackson. Yes.

Q. Tell the court if this paper signed William Jackson (shewing the witness the forged note) is signed by you, with your hand writing?

Jackson. No, it is not.

Q. Is there any other William Jackson , a cashier at the Bank that has any authority to sign notes.

Jackson. No.

Q. Then is that a true bank note?

Jackson. It is not a true bank note?

Q. Can you tell, whether upon the day that bears date, any note did issue from the Bank signed by you of the same sum and marks, payable to the same person?

Jackson. There was upon the same day the same sum and signed by me; but I doubt whether there was to the same person: there are two ten pound notes the same day.

Council for the prisoner. Have you any knowledge of issuing a bank note that day without collecting the knowledge from books.

Jackson. It is impossible so many notes as we issue (refers to the book.) On 10th of February two ten pound notes issued, payable to Francis Jewson . We have no book that tells who signs it.

Court. Did not you as a cashier keep an account of what notes you signed that day?

Jackson. No; it is impossible we sign so many. No. 453. Francis Jewson , two ten pounds, dated the 10th of Feb. 1772.

Q. Payable to whom?

Jackson. All to bearer in that book.

Council for the Crown. Then you have no means of knowing with certainty whither you signed these notes or no?

Jackson. It is most certain I did.

Q. Are they in circulation or brought in?

Jackson. In circulation.

John Clarke . I know the prisoner at the bar.

Q. Have you been at his father's house when he has been there?

Clarke. Yes.

Q. Do you recollect at any time to have seen him drawing, or using a pencil?

Clarke. Yes.

Q. In what way?

Clarke. He was shading a face when I was there.

Q. Drawing in Indian ink or what?

Clarke. It was black; he was using a hair pencil; he put it into his mouth several times.

Cross Examination.

Q. You have seen many little boys at school do that have not you?

Jackson. I cannot say but I have.

Council for the Crown. Can you tell whether he is used to draw in Indian ink or no?

Jackson. No, I cannot tell.

Q. Have you ever heard him acknowledge whether he could, or could not, draw in Indian ink?

Jackson. I did hear him acknowledge he could before my Lord Mayor.

Council for the Crown. This is the case on the part of the prosecution; I am ready to say I don't think it a case sufficient to convict, at the same time it is a suspicious case, and fit to be brought before a jury.

Acquitted .

628. (L.) JOHN WHILE was indicted for falsely, feloniously, and traiterously forging, counterfeiting and coining one piece of false and counterfeit money, to the likeness and similitude of the good legal current money, and silver coin of this realm, called a shilling, against the duty of his allegiance, and against the statute , Aug. 28 . *

Joseph Thompson . On the 28th of August I obtained a warrant from the Lord Mayor, to search the house of Mrs. Butler, in Bartlet's-court, Holborn, opposite Hatton Garden . I called at the Counter and took Mrs. Butler with me to search the house? she has the upper part of the house; the lower part is a coffee house; when we came to the house she sent a girl to see for the key; she wandered up and down the street, came back, and said she could not find it; I sent a person after to watch her; she went to no one place, upon which Mr. Payne, who was with me, burst the door open; I entered the place immediately; we searched the one pair of stairs; then we asked to search the garret; Mrs. Butler said she had not a key of it, for the man that rented the room of her had got it; I asked where he lived, or what his name was; she said she could not tell; upon which I burst the door open myself, and upon a large oval wainscot table, I found a number of counterfeit shillings, I believe between 1300 and 1400; they were in separate papers, but laid open, and very regular. Upon the same table we found a couple of crucibles which had several sorts of metal in them, seemingly for melting; we crossed the room, and came to a moulding trough, which is to hold the earth in, where we found a pair of brass flasks; that is a thing that holds a quantity of earth to put metal into; we found a lathe likewise that appeared as if it was for turning something of money under it; and there was a crown of a hat with some turnings in it; (a large bag of sand produced) this we found in the room.

Q. Is the money in court?

Thompson. Yes; (producing a large bag of counterfeit shillings) in picking them up, I mixed some good shillings with the bad ones; I picked out afterwards all I could find, there is forty-two of them; there was a bench vice, a crucible, (produced) with some shillings unfinished in it, and a piece of wood with a mark for a shilling in it, supposed to be put in the vice to finish the shillings.

Q. Was there no skin at all?

Thompson. No; we found a Dutch stove, with abundance of charcoal about it; a bottle of quicksilver, a bottle of aquafortis, a bottle of sal prunella, which is proper for the fluxing of metals; we found sheers and tongs, and three sleves full of dirt of the same sort as that ( pointing to the sand used to cast metal in.) The prisoner was brought down to my house next morning; I found upon him the key of that room I broke open. These two pieces of iron match; I don't know the use of them; one I found in his possession, in a basket; the other I found in the room; this file (producing it) was in the basket; there was some metal upon it which seemed to be of the same kind as the fileings in the hat? I found this shilling in his pocket; (producing a counterfeit shilling;) there were besides a crown piece and a sixpence which were good. I found this file (producing it) in the shop, it is smooth on one side. I asked him how he came by that key, which I apprehended would fit this lock; he said he had lodged there formerly, but did not then, and as to any thing found there, he knew nothing at all of the matter; he said one key might fit another lock for all that he knew; he mentioned a house in Shoreditch where he lived; he told me his name was John While . We got a search warrant, and found there this (producing the collar of a lathe for turning;) there were two melting pots, and a wire sieve that had mould in it. The next morning I tried the key I found on him, to the lock of the door and it fits exactly.

Cross Examination.

Q. The man was brought to you?

Thompson. Yes.

Q. He had a shilling in his pocket, you believe that to be a bad shilling?

Thompson. Yes.

Q. Should you have refused it if it had been offered you in payment?

Thompson. I believe I should.

Q. Have you ever taken such a shilling?

Thompson. I cannot tell; a man often takes bad money in change and does not know it.

Q. You are in a metal business?

Thompson. A watch finisher.

Q. Is not that an instrument that is made use of by a great many trades that work in metal?

Thompson. It may for what I know.

Q. You have seen such things as that flung by have not you?

Thompson. Yes.

Q. Where?

Thompson. At founders.

Q. Then it is proper for different kinds of business?

Thompson. Yes.

Q. Did you try that key with any other lock, it is a common key?

Thompson. I tried it with no other.

Q. You talked with the man; he said he did not lodge at Mrs. Butler's, that the key might fit the door but he knew nothing of the matter?

Thompson. Yes.

Q. And when you charged him with the possession of the things, he denied that too?

Thompson. Yes.

William Pain . I went with Mr. Thompson, when the search warrant was granted, to Mrs. Butler's, in Bartlet's-court, yesterday was fortnight; Mrs. Butler was at the house with Mr. Thompson, and two more constables. Mr. Thompson broke open the prisoner's door: we went into the room and saw the counterfeit shillings wrapped up in different papers, and found the things the same as Mr. Thompson has mentioned. I carried six of the counterfeit shillings to Mr. Lucas, the assay master. I went next day about nine o'clock; I found nobody there; there was a padlock on the outer door; as I was coming back, in order to go to Mr. Thompson's, just before I got into Holborn, in the passage, I met the prisoner, in a green apron, and he had a basket in his hand; he passed me in the narrow part of the passage; it struck me as soon as I saw him, that he was the workman; he passed me, and went up close to Mrs. Butler's door; I was close after him; as soon as he heard somebody behind him, he turned round and looked at me, upon which I said, who do you want here honest friend? he said he wanted Mrs. Butler; I said I suppose you are the person that used the two pair of stairs room; he replied, I did lodge here about six months ago, when I first came to town, but I don't now; I said if you want Mrs. Butler, if you will go with me you shall see her; I went with him to Mr. Thompson's, in Bride-lane.

Q. Did he appear as if he wished to go?

Pain. I told him I should insist upon his going; as we were going along I told him the whole affair; he had several filings in his baskets, and meat and bread and cheese, and that bit of iron which has been produced, and we found two keys on him.

Cross Examination.

Q. When you asked him what he wanted, he readily told you Mrs. Butler?

Pain. Yes.

Q. Did he offer to make any resistance?

Pain. No; when I told him I would take him where Mrs. Butler was, he said then, any time would do, and appeared loth to go.

Q. Did he tell you what business he had with Mrs. Butler?

Pain. He said he wanted to see her.

Mr. Joseph Lucas . I am the king's assay-master at the mint; I received six counterfeit shillings from Pain; the value upon an assay was about 4 1/2 d. a piece.

Q. Look at these ( shewing him the good shillings.)

Lucas. They appear to be good shillings.

Q. to Thompson. Did you make any observations upon the good shillings as to any use they might have been applied to?

Thompson. I imagined they might have been used as patterns from the yellow colour of them.

Q. to Mr. Lucas. Would their having been applied in that sand account for their yellowness?

Lucas. It might be contracted from thence with that sand, I think it is very probable and it may be by time.

Q. What is the use of the aquasortis and quicksilver?

Lucas. He may make use of the quicksilver to make it appear as good silver; this metal could not have a white appearance, there is a great portion of copper in it, it will be of a yellow cast; it is necessary to use quicksilver to give it a white cast.

Q. I believe aquafortis is necessary to dissolve the quicksilver?

Lucas. Yes; but I believe they generally use it in a powder; about half of them is silver.

Q. Then they would be of more value than 4 1/2 d?

Lucas. No, they are not the weight of a shilling; I take this bit to be the cutting off of some of the castings.

Catharine Topham . I was with Mrs. Butler in August last as a chair woman; I have known the prisoner about two months; the prisoner had the two pair of stairs room and a garret at Mrs. Butler's.

Q. Had he the garret the whole of the two months you was there, or part of the time?

Topham. About five weeks I believe.

Q. Had he it about the time he was apprehended?

Topham. Yes.

Q. Who used to keep the key of it?

Topham. Himself I believe; I never saw the key; sometimes he used to come about eight, sometimes later.

Q. How long did he stay at a time?

Topham. From eight in the morning till about four or five in the afternoon.

Q. Had you never an opportunity of going into the room yourself?

Topham. No; the prisoner used to call Mrs. Butler, and Mrs. Butler used to send me for some beer; he came out of his room and gave me the money upon the stairs.

Q. How often was that?

Topham. Several times; I used to carry the beer, and leave it upon a little landing place, and give a knock; Mrs. Butler bid me knock at the door, not to offer to go in; I used to leave the beer and the change at the landing place, and he never opened the door till I was got into Mrs. Butler's room.

Jury. What money did he give you?

Topham. A shilling, or sixpence sometimes.

Q. Was it ever refused?

Topham. No; I suppose they were good.

Q. Did you make that observation of his not opening the door till you was in Mrs. Butler's room more than once?

Topham. Yes, I did.

Q. What name did he go by then?

Topham. By the name of Gill; Mrs. Butler told me his name was so.

Q. Did any body come to ask for him during the time you was there?

Topham. No.

Q. How often might you be sent for beer in a week?

Topham. Five or six times almost every day.

Q. When you knocked at the door, having brought up the beer, how long was it before he opened the door?

Topham. Never till I got down stairs; that was always the case; I never saw the man out of the room.

Cross Examination.

Q. You never had any directions from him to leave the beer upon the stairs had you?

Topham. No.

Q. Was any body else with him?

Topham. I believe he was alone; I never heard any voices.

Q. Was there any other lodgers in the house?

Topham. No; there were two men used to come to him, that were supposed to be his sons.

Q. I understood you otherwise just now?

Topham. They never asked for him.

Q. He never gave you directions not to open his door himself?

Topham. No.

Q. You was there about five weeks.

Topham. Yes, I believe so; it may be rather less than more.

Q. Who lived in the house before?

Topham. Mrs. Butler herself.

Q. Do you know whether his door used to be locked when he went away.

Topham. I do not know; I have swept the stairs; it appeared to me to be locked; it was always close shut; I never tried.

Prisoner's Defence.

I never had any connexions with Mrs. Butler in my life, nor did I take the room of her; I never received, nor paid, nor dealt with her in the whole course of my life. She told me some time ago, that she would give me something to wear in my pocket to stop me of the rheumatism; I am troubled with it; I was there the week before, she said she had not got it ready, and bid me call some other time; so I called that morning, and Mr. Pain being at the door, took me up.

For the Prisoner.

Humphrey Jefferies . I have known the prisoner at the bar about eighteen years; he lived in Birmingham the greatest part of his life time; his wife died about eighteen years ago, and left him a large family; he worked in one house of great repute till about six months ago; I was informed his reason of coming to London was, a son of his went for a soldier, and was returned, that he got into some way of business that enabled him to support his father, and therefore induced this poor old man to come from Birmingham. His character in Birmingham is very good; I believe there is not a person ever knew him guilty of a dishonest thing; he was intrusted by gentlemen I am concerned for, for many years, with all their stock in great manufactures; he always behaved well.

Cross Examination.

Q. How long ago did he live at Birmingham?

Jefferies. I have not been informed of his being in London more than three months.

Q. How lately did you know him in Birmingham?

Jefferies. I am sure he was there within these nine months.

Q. Then for nine months last past you knew nothing of him?

Jefferies. No; I have seen him but once since.

Q. What is his business?

Jefferies. He is in the gun-smith way, and blueing and blacking barrels, and such things.

Q. Is he a cleaver artificer; ingenious?

Jefferies. He was not an artificer.

Q. The Birmingham men are very good artists?

Jefferies. Them that are apprentices to the trade.

Q. He is a very ingenious man I suppose in the trade he was employed in?

Jefferies. I never knew him to be ingenious in any thing; I never knew him to attempt to make one article, but finish up triggers and pins, and such things.

Joseph Smith . I have known him twenty-two years; there is not a man in a thousand that is beloved as he is.

Q. Did you ever know of his coining or making money?

Smith. No.

Cross Examination.

Q. Are you a Birmingham man?

Smith. Yes; I was an apprentice with the same man; I have left that country fourteen years; I have been back into the country several times; I am a gun-smith.

Q. You was here a witness yesterday?

Smith. Yes, about a pair of pistols. *

* See the trial of Jones and Sunderland, No. 620, 621.

Richard Jones . I have not known him a great while; he was at our house some time last winter; I never heard any thing but he was a very honest man.

Q. What is his name?

Jones. John While .

Q. Where has he lived since you knew him?

Jones. In London.

Q. Where?

Jones. I cannot really tell.

Q. What sort of an acquaintance had you with him?

Jones. But a slender acquaintance through my brother.

Q. You do not know where he lives?

Jones. No; I have always heard an honest character of him.

Q. Did you know Mrs. Butler?

Jones. No; I never saw the woman in my life to the best of my knowledge.

Guilty . Death .

629. (L.) JOHN GEAREY was indicted for that he on the King's highway on Dove Rainer did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a cane, mounted with silver, value 10 s. the property of Dove Rayner . August 31 . ++

Dove Rainer. I am a watch-maker . On the 31st of August returning home out of the city from my club, going down the Minories on the right hand, I saw the prisoner and another man whispering together; I walked as fast as I could; I did not like them; when I came a-breast of them, going to pass them, one, to stop me, struck me a violent blow on the stomach; the prisoner laid hold of my arm, both d - d me, and bid me stop; and the prisoner immediately snatched my cane; both blasted my eyes, asked me how much money I had, and bid me bundle it out quick; I desired them to behave with civility, and I said they should have my money. I observed a watchman's lanthorn a little way off; I had a mind to save myself from being pilfored; I had some watches about me on commission; I was unwilling to be robbed of them, so I broke from them, and run into the highway; they jumped upon me, and said, is that your jig? I broke from them and run up the Minories; a person coming up. I told him what had happened to me; he offered to go with me to assist in asking them; we went after them; going up the Minories, we found the prisoner beating a woman with my cane; I got a person to go to the watchman; he brought him; as soon as the prisoner saw me, he burst from the woman; we pursued, and took him, and my cane was found under him broken; ( produced, and deposed to, by the prosecutor.)

John Mill . I am a watchman in the Minories; about this time at night I saw the prisoner and three men in the street; the prisoner had the cane in his hand; one of them took hold of it; the prisoner said, I bought this cane to-day, it is mounted with silver; soon after that, I heard a great uproar in the Minories; the prisoner was beating a woman with this cane; I was told he robbed a gentleman of it; I went up; before I could get to him, he jumped a cross the way to run off; a man threw himself down; in consequence of which, the prisoner fell over him, and the cane was taken upon him.

Jones confirmed this evidence in every particular.

Prisoner's Defence.

The occasion of my having the cane in my hand at all, was, I went down the street; the prosecutor struck me a-cross the shins with the cane; I asked him what he meant by that, snatched it out of his hand, and hove it a-cross the street; a man picked it up, and bid me give it to the watchman; I would not; we walked up the street together, there we met a woman that had taken my money from me, and I beat her with the cane; the watchman came up; the other man had the cane, and I fell down; I am a seaman; I was born in America ; I have no friends here to appear for me.

Guilty . Death .

630. (2d. M.) JOHN CREAMER was indicted for returning from transportation before the expiration of his time, for which he was transported .

(The record of his conviction was read, by which it appears that he was tried in May session 1769. for stealing eight guineas, an half guinea, a quarter guinea, the property of John Lothian , in the dwelling-house of William Figg . for which he was capitally convicted, but afterward's received his Majesty's mercy upon condition of transportation for fourteen years.)

- Sowerby . I know the prisoner; I never knew him until the 26th of July; I found him concealed in my house in Sheer-lane; I asked him his name; he told me it was Warner.

Q. You did not know him before that time?

Sowerby. No.

Thomas Eaton . I have known the prisoner about five years; I am a carpenter; I kept a publick-house about four years ago; he used my house; I remember his being tried before.

Q. For what?

Eaton. Taking eight guineas, a half guinea, and a quarter guinea, out of the house of Mr. Figg.

Q. Whose money?

Eaton. I have forgot his name.

Q. Was his name Lothian?

Eaton. Yes.

Q. Is this the man that was tried?

Eaton. Yes.

Q. Was he convicted?

Eaton. Yes.

Q. Do you know any thing of his being pardoned after?

Eaton. I heard of it.

Q. Are you sure you remember his being tried?

Eaton. I was a witness on the trial; Sir John Fielding sent a summons to me after he was taken.

Prisoner's Defence.

My name is John Warner ; I never saw the witness before he came to Sir John Fielding 's in my life; I have worked hard with people in the country; I am a taylor; I worked both at Bristol and Bath a long time; I always went by the name of Warner; I have never been a week in London these three years before.

Guilty . Death .

631. (L.) BENJAMIN ROGERS was indicted for feloniously making, forging, and counterfeiting a certain order for the payment of money , in the words, letters and figures following, viz.

London, 30th May, 1772.

No. F. 1138.

Sir Robert Ladbroke , Son, Rawlinson, and Porkor, pay to James Cranstoun , Esq; or bearer, three hundred pounds.

John Alexander .

£. 300

with intention to defraud Sir Robert Ladbroke , Knt . Robert Ladbroke , Esq ; Walter Rawlinson , Esq; and John Porkor , Esq; bankers and copartners .

Second Count, for uttering the said order with the same intention.

Third Count, for forging the said order with intention to defraud John Alexander .

Fourth Count, for the like uttering with intention to defraud John Alexander .

Fifth Count, for uttering, as true, a certain altered order for the payment of 300 l. knowing the same to have been altered, with intention to defraud Sir Robert Ladbroke , &c.

Sixth Count, for the like uttering with intention to defraud John Alexander . +

William Murphey . I am clerk to Messrs. Sir Robert Ladbroke and Son, Walter Rawlinson , and John Porkor , they are bankers and partners in Lombard street.

Q. Do you know Mr. John Alexander ?

Murphey. Yes; he lives at Grocer's Hall; he keeps Cash at our shop; he has done so since the 16th of April, 1771; upon the 30th of May, 1772, about five o'clock in the evening, a person came to me, and presented this draught for payment of 300 l. (producing the forged draught) I paid it myself; I asked his name; he said it was Berg; I asked him who he received it for; he said for Mr. Westport or Westforth; I put it down thus, for Westport per Berg; I paid it in bank-notes, two single hundreds, two thirties, and one twenty pounds, and the rest in money; I entered the bank-notes immediately.

Council. Refer to your book.

Murphey. Here is the entry in the book, reads,

1261, 30th of May, 100 l.

(when the date comes within the year, we do not particularly mention it.)

367, 18th of May, 100 l.

K 11, 22d of January 20 l.

K 325, 11th of January. 30 l.

B 77, 9th of May, 30 l, and

20 l. in Cash.

we draw a cross over the name of the drawer; I made an entry immediately, thus,

J. Alexander Cranstoun , 300.

Q. Is there in that book the entry of all the transactions every day, in the order they arise?

Murphey. Yes; it is the original entry; this entry is made by John Hornedge ; it is entered also in Mr. Alexander's book; this entry is by one John Watson , another of the clerks.

Q. Do you know whether that account has been settled between Sir Robert and Mr Alexander?

Murphey. Yes.

Mr. Alexander. This is my cash-book, in which the account is kept between the banker and me ( producing it); I generally send it to be settled about once in two months.

Q. to Murphey. How long was it after the payment, before Mr. Alexander left his book to be settled?

Murphey. I believe he left his book about the 25th of July, it might lie two or three days before delivered back again; it was returned back on the 27th of July.

Q Had you at that time charged Mr. Alexander with this 300 l. as paid for his use?

Murphey. Yes; when we settled the book, we delivered up the vouchers in the pocket of the book; this draught was with the others; on the 27th of July, an hour or two after Mr. Alexander had received his book, he brought it back; he did not recollect that he had drawn such a draught, upon inspection it appeared to be a forgery. (The draught read.) We distinguished a cross upon the name, Alexander, had been erased, we perceived that the 1 of 1771, had been altered to a 2, to make it 1772.

Q. Do you remember ever after this seeing the prisoner?

Murphey. Yes; he came to our shop with Mr. Alexander's son; on the 29th of July, in the evening, between four and five o'clock; I sent over to the Bank to know if Mr. Larchen, the cashier, was there, in order that he might see him, I had been informed that one of the banknotes of 30 l. had been paid at the Bank on the 27th; Mr. Larchen was not at the Bank, an appointment was made for this prisoner to come next day at twelve o'clock; he promised to come, but did not; about a week after we heard he was going down to Gloucester by Mr. Alexander's son; we had notice, on the 10th of August, of the other 30 l. note, having been paid at the Bank; we were informed that he had negotiated this bill at Gloucester; I went down on the 10th of August at night to Gloucester, and we took the prisoner into custody on the 13th; he was taken in the house of Mr. Chamberlayne, at Colthorpe, within four miles of Gloucester, the constable called me in as soon as he was taken. I asked him if he knew Mr. Alexander; he stammered or hesitated a good deal, and said he did not; I repeated the name several times; I then said you certainly must know Mr. Alexander, you have been a clerk there.

Q. Had you told him the occasion for which he was taken up by the officer before that?

Murphey. No; he then said he had been clerk, and knew Mr. Alexander; I then asked him if he recollected having any bank-notes in his custody lately; he said he did not; I then asked him if he recollected his having changed one with Mr. Everett of Gloucester; he made no reply.

Q. How did he appear when you asked him that question?

Murphey. He turned aside and made no reply; I said, you promised to come to Sir Robert Ladbroke 's last week, the day after you was there, and did not; he said he received a letter from Gloucester, promising him three months employment, he called it work at his business.

Q. Upon this discovery, and after Rogers was taken in custody, what has been done since? where did the loss fall?

Murphey. Upon Sir Robert, and Co. we have replaced the money to Mr. Alexander, and Sir Robert and Co. have charged themselves with the loss; the entry is in our cash book, that is the same book wherein he had been made debtor. (reads)

"J. Alexander, his draught paid a second time, 300 l. that is, creditor; in Mr. Alexander's book, it is passed to his credit, his draught paid a second time, and placed to his credit." It was placed to his credit the 19th of August.

Q. Has there been a balance struck since that?

Murphey. Yes; the book was balanced, and his account settled; he is totally discharged from that payment; the book is looked upon as a receipt.

Cross Examination.

Q. You have said, Mr. Alexander has kept cash since the 16th of April 1771, at your house, has he not often draughts for payment?

Murphey. Yes.

Q. Do you ever recollect to have seen the prisoner at your house?

Murphey. No.

Q. Nor you cannot say that draught was paid to him of 300 l.?

Murphey. No.

Q. Did you tell him when you went down to Gloucester who you was?

Murphey. No; I believe he recollected me; I fancy so.

Q. When you asked him, do you know a Mr. Alexander, then not knowing who you was, do you think he might not have imagined it a Mr. Alexander in that part of the world?

Murphey. I cannot tell; I thought it unnecessary to say Alexander of Grocer's Hall.

Q. You said he seemed to turn aside when you mentioned charging the note with Mr. Everett, might not that be by the common manner of turning himself?

Murphey. He appeared to be a good deal confused and made no reply.

Q. It did not seem a confusion arising from guilt?

Murphey. I imagine it was from guilt.

Q. from the Prisoner. As you frequently paid several considerable sums for Mr. Alexander to me by the name of Rogers, how came you to pay it to me then as by the name of Berg?

Murphey. I do not recollect to have seen him till the 27th.

Thomas Watson . This is the entry, I made by order of the partners, for replacing the money to Mr. Alexander; I made the entry of it in Mr. Alexander's book; I saw Mr. Porkor sign this balance.

Mr. John Alexander . I have kept cash with Sir Robert Ladbroke and Co. from the 16th of April 1771, downwards; the prisoner had been clerk to Mr. Bolt of Lyons-Inn; I had a good opinion of his abilities as well as his integrity; he had been employed as a principal agent in an office. I took him into my service, January 1769; he continued with me to about the middle of July 1771; I gave him a guinea a week.

Q. Had you no other clerk?

Alexander. None but my son, who was under him in the office; on the 30th of May; 1771, I drew that draught, and sometime afterwards the draught was returned and cancelled. It is always my custom to put the draught in a drawer among other loose papers, which all my servants know of; it was put amongst waste paper, clerks or servants might take them as they thought proper when they wanted waste paper; in July last, about the 27th, I had left my book to be settled; I called for it a few days afterwards, and had my book with the vouchers returned; seeing that draught returned, I was surprized. I went back with the draught and the book to Sir Robert Ladbroke 's shop; I told Mr. Porkor I had not drawn such a draught at that time. Mr. Cranstoun was captain of the Intrepid, and was abroad at that time, I believe in the East-Indies. Upon inspecting it, the figure seemed to be altered; Mr. Porkor was of that opinion. I left it there; Mr. Ladbroke came to me, and said, that is the draught of 71, it is altered, the 2 is wrote upon a raiser, and the cross at first made upon my name is erased.

Q. And you have credit given you for the cash in account?

Alexander. Yes; and the account is settled.

William Holloway . I pay the bank-notes at the bank; I paid this bank-note, K 325, on the 11th of January 1772; here are my initials upon it, a mark I put when I pay a bank-note; I paid it the 27th of July last; I do not know who I paid it to; the word, Piccadilly, upon the face of the note, appeared to be Mr. Larchant's hand.

Q. to Mr. Alexander. You have no doubt often seen the prisoner write?

Alexander. Yes.

Q. From your recollection of his hand-writing, can you form any judgement or belief whether any of this is his writing?

Alexander. Here is a difference in the s in Westport; he seldom made a long s, which that is; he wrote an indifferent hand: the writing upon that bank-note, Geo. is like the handwriting of the prisoner, and the first part of the sirname, West.; I do believe it to be his handwriting. I discharged him about the middle of July, on complaint of a disorder in his head.

Mr. William Alexander . I am son to Mr. Alexander; on the 29th of July, after having heard what had been done with respect to this note. I wrote a note to the prisoner, by Mr. Ladbroke's desire, to come to me upon business.

Q. Where did he live?

W. Alexander. At Hoxton; He came; I took him to Sir Robert Ladbroke 's; he did not ask me what my business was with him. This is the note. ( Reads it.)

Mr. Alexander desires to see Mr. Rogers on the receipt of this, to ask him a question about business, or begs he will call at four o'clock.

1/4 past 2, 27 July 1772. Grocer's Hall.

Mr. Murphey was there, we sent to the Bank, but it was shut; he agreed to call upon us next day at twelve o'clock, but he did not come.

Q. You was, I believe, with your father when Rogers was his clerk?

W. Alexander. Yes.

Q. You have often seen him write?

W. Alexander. Yes.

Q. What do you think of that Geo. Westport ?

W. Alexander. The Geo. and the West. has a sort of resemblance to his hand-writing.

Cross Examination.

Q. He went with you to Sir Robert Ladbroke 's without any reluctance?

W. Alexander. Yes.

Court. Did you tell him before you came to Sir Robert Ladbroke 's your business with him?

W. Alexander. I either told him before we went out or by the way; I am sure I told him before I got there.

John Horledge . I made this entry in Mr. Alexander's book, giving him credit for 300 l. by direction of the partners. John Alexander debtor to Cranstoun 300 l. 30th of May 1771. I take this to be the draught; I took the draught, and crossed the name as usual; this was delivered up to Mr. Alexander the next time his book was settled.

Mark Everet . I live at Gloucester; I have seen the prisoner there many times; I have known him these twenty years; he came to me on Monday the 3d of August, and asked me to give him cash for a 30 l. bank-note; then he said he wanted but 10 l. in cash; I told him I would give him a 20 l. draught, and 10 l. in cash; he said he wanted two 10 l. bank-bills; I had none so small at that time by me; I went to Mr. Nibblet, and got three 10 l. bank-notes for the 30 l. note I received of the prisoner; I delivered the prisoner two of the 10 l. bank-notes.

Cross Examination.

Q. Is not the prisoner a Gloucestershire man?

Everet. I cannot tell; his father and family live there.

Q. He is very well known there?

Everet. Yes.

Q. He did not secrete himself there I believe?

Everet. I cannot tell.

Q. Did he tell you what time he was to stay there?

Everet. No.

William Johnson . I am apprentice to Mr. Nibblet, of Gloucester; I received this bank note of 30 l. from Mr. Everet, the 3d of August, 1772; I gave him three ten pound bank notes in exchange; I have here the memorandum of them: (reads)

355 (signed) William Gardner , payable to J. Penny. Entered by Lamberbt, 7th of July, 1770.

The second K 12 (signed) B. Sabberton, payable to P. Burrell. Dated 6th of August, 1770, entered P. Vitu.

The third H 242 (signed) Charles Jewson , payable to John Drummond , Esq; and Co. Dated 11 September, 1771, entered J. Warren.

William Nibblet . Mr. Murphey came to me to Gloucester, with a letter from Sir Robert's house, informing me of this forged draught, and that they suspected one Rogers; I assisted Mr. Murphey what I could to find him out; after some enquiry we found he was gone to Colthorpe, to Mr. Joseph Chamberlayne 's; Mr. Murphey and I went over, and we took two officers with us; we took him at Mr. Chamberlayne's; Mrs. Chamberlayne brought down this letter case, and this letter sealed in three or four places, but there was no direction on it: (producing them.) I opened the letter and found the two ten pound bank notes, paid by my clerk to Mr. Everet, and there were besides two notes of 100 l. each, and a 20 l. note, and she gave me eleven guineas and a half in money, which she said belonged to the prisoner; I found these three papers in the pocket book (producing them.)

Q. to Mr. Alexander. Please to look at these memorandums, and tell the court if you know whose hand writing they are.

Mr. Alexander, senior. I do believe them to be the prisoner's hand-writing.

Mr. Alexander, junior. They are the prisoner's hand-writing.

Q. The prisoner could write court hand, could he *?

* Part of the memorandums were in court hand.

Alexander. Yes; here is the Mr. Boult written upon one of the papers; the prisoner lived formerly with Mr. Boult of Lyons Inn.

Mary Chamberlayne . The prisoner came to my house at Colthorpe, near Gloucester, the Tuesday night before he was taken. He gave me this pocket book; I gave it to Mr. Nibblet the Thursday morning the prisoner was taken; there was a letter in it when he gave it me, sealed with three seals. I delivered it to Mr. Nibblet just as I received it from the prisoner.

Cross Examination.

Q. Did Rogers appear publicly when he came to your house?

Chamberlayne. Yes.

Q. He did not seem to be under any apprehension of any thing?

Chamberlayne. No; he was in very good spirits.

Q. He was known there, was not he?

Chamberlayne. He used to come down once in seven or eight years; (the bank notes read) th e two notes of 100 l. each were made payable to Sir Robert Ladbroke and Co. K 11

I promise to pay to Mr. Daniel Race , or bearer, upon demand, the sum of 20 l.

London, 22 Jan. 1772.

For the Governor and Co. of the Bank of England.

Edward Stone .

Entered G. Vitu.

20

Then the three papers found in the prisoners pocket book were read, which contained the exact numbers and marks of all the bank notes that had passed through his hands, arising from the produce of the draught, and also of several indor sements upon those notes. On the slap of the pocket book was written.

Benjamin Rogers ,

Lyons's Inn, Strand, London, 1765.

John Wells . I keep the Swan at Hoxton; I have seen the prisoner many times; he was at my house in August, 1771. There were some people stopping up a public path way there; he said he was employed to pull it down; I asked him who employed him; he said that was not material to me; he said he should not say any thing; there was something sufficient to carry a law suit on; he held something in his hand; he said I think it was of 300 l. value; he held it up between his fingers; it seemed to be much such a piece of paper as this (taking the forged draught in his hand.)

One of the papers produced, found in the prisoner's pocket book, contained the following memorandum, which corresponded with an advertisement, inserted in the Daily Advertiser, July 28, 1772, viz.

Bank Notes. On 30th of May last, the following bank notes were fraudulently obtained, therefore it is hoped that no person will give value for them, and if offered in payment, it is earnestly requested that immediate notice may be sent to Mr. John Alexander , at Grocer's Hall, Poultry, who will give ten per cent. upon recovering all or or any part of the said sum. Payment is stopped at the Bank.

In the advertisement the notes are described.

Prisoner's Defence.

My council is instructed, my lord, in my defence.

Council for the Prisoner to young Mr. Alexander. Do you know of any notes the prisoner had given your father?

Alexander. No.

Q. Not a note payable in two months?

Alexander. No.

Q. to the elder Mr. Alexander. You remember, I believe, he gave you a note payable in two months?

Alexander. Yes; after he was gone from me.

For the Prisoner.

Robert Wyatt . I am a silk-dyer in Canon-street; I have known him upwards of twenty years; I never heard any thing amiss of him in my life.

James Scott . I am a confectioner; I have known him forty years; he always bore a good character.

Robert Thomas . I never had any connexions with him; I cannot say any thing to his character from my own knowledge.

Mr. Clark. The prisoner served his clerkship in Lyons inn; I never knew any thing amiss of him.

- Thomas and Beckerton who had known him between twenty and thirty years, gave him a good character.

Guilty . Death .

632, 633, 634. (2d. M.) ROBERT JOLLAND , JOHN JOLLAND and ELIZABETH JOLLAND , were indicted, the two first for stealing three cotton gowns, value 15 s. a cotton petticoat, value 5 s. a man's hat, value 2 s. a silk handkerchief, value 1 s. a linen handkerchief, value 1 s. a silk and cotton handkerchief, value 1 s. a linen shirt, value 4 s. and a muslin neckcloth, value 1 s. the property of Mary Day , widow ; and Elizabeth Jolland for receiving the said goods, well knowing them to have been stolen , June 8 . *

Mary Day . I have been robbed at sundry times; my son can give a better account of it than I can.

Christopher Day . I know the prisoners.

Q. When was your mother robbed?

Day. The last time was the 8th of June. Here are some of the pawnbrokers who have brought some of the things that were pawned. The prisoners used to stand under the window and I used to throw the things out of them. I have done so a great many times.

Q. How came you to be so wicked to do this?

Day. The prisoner John Jolland asked me to do it.

Q. Was the father there when you did it?

Day. Yes, several times.

Robert Jolland . I was never there in the days of my breath; he used to bring the things before his mother was up.

Day. The father was there; he used to come of a night; I used to throw the things out of the window, and he catched them, and then they used to carry them to pawn, and I had part of the money.

Q. How came you to be acquainted with John Jolland ?

Day. I was an errand boy to one Mr. Farrell of Moorfields, and John Jolland worked there; the father Robert asked if I could get any more; I said, yes, and at last my mother found me out.

Q. from Robert Jolland . Did not I give you the best of advice, and bid you leave off your ways?

Day. No.

Thomas Author . I am a pawnbroker; the woman prisoner pawned two gowns with me; one on the 7th of May for 6 s. and the other on the 12th for 10 s. 6 d. in the name of Elizabeth Smith .

Mrs. Day. One of them I know to be mine, particularly well; I cannot swear to the other, nor the shirt; my servants take them in; I am a pawnbroker too.

Q. to Christopher Day . Can you tell the particular times you delivered the particular things?

Day. No.

Thomas Davis . I am a pawnbroker; there was a neckcloth, hat, and handkerchief, brought to pawn with me; but I do not know that any one of the prisoners were there; (the things produced.)

Prosecutrix. The hat and handkerchief are mine.

John Morley . I am apprentice to Mr. Corteau, a pawnbroker, in Houndsditch. Robert Jolland has brought things to pawn several times, and fetched them out again; he was a customer. These things (producing a gown and petticoat) were pawned in the name of Elizabeth Smith ; I cannot say who pawned them; (deposed to by the prosecutrix.)

Q. to Christopher Day . Was old Jolland and young Jolland ever there together?

Day. No.

George Whiting . I am a pawnbroker; about the middle of August, Halliburton, one of Sir John Fielding 's men, came to our house with a long list, giving an account of different parcels of goods, pledged at different pawnbrokers; in the list there was an account of a brown silk handkerchief, pledged at our house on the 8th of June; he said it was pledged in the name of Fisher; I looked over my book and found it; it was brought by a young man.

Christopher Day . The gown and petticoat produced, the son had of me; they were carried to the corner of Woolpack-alley, Hounsditch.

For the Prisoners.

James Richardson . Old Jolland worked for me several years; I have trusted him with several 100 l. worth of goods; he was always honest.

He also called William Carter , who had known him four years; John Warren , twenty years; John Peter , twenty years, and John Watson , who all gave him a good character.

John Jolland called John Fernal , who had known him ten years, who gave him a good character.

Robert Jolland , Acquitted .

John Jolland , Guilty . T .

Elizabeth Jolland, Guilty. T. 14 Years .

635. (2d. M.) ANN SILVER , spinster , was indicted for stealing a silk cardinal, value 20 s. the property of Thomas Bowes , privately in his shop , Sept. 10 . *

Thomas Bowes . The prisoner came to my shop the 10th of September, and was detected in taking a silk cardinal; I was not in the shop. I keep a shop for selling all sorts of wearing apparel .

Christiana Bowes. Last Thursday se'ennight the prisoner came into my father's shop, to ask for a cap. My father lives at Brentford ; she bought a cap, and asked if I could recommend her to any body to buy a cloak; I said we sold cloaks; I asked what sort of one she wanted; she said a black one; upon this I went into the back room, and shewed her some cloaks; she agreed for one; she offered to leave six-pence, and said she would fetch it in an hour's time; I refused the six pence till she brought the whole money; in the mean while my sister Susanna Bowes came in, and said, she suspected, by her holding her arm, that she had something under her cloak; she was then in the fore shop; I went up to her, turned up her cloak, and found one of our cloaks under her arm.

( Daniel Saunders produces the cloak.)

Christiana Bowes . That is the cloak I found under the prisoner's arm; it is my father's property; there is my father's private mark upon it. I carried the woman and the cloak before the justice; the cloak was sealed up, and delivered to the constable. (The constable produces it, and swears it is in the same situation in which it was delivered to him.)

Prisoner's Defence.

I took it up by accident.

Guilty . Death .

636. (2d. M.) JOHN FLEMING was indicted for stealing two pair of linen sheets, value 5 s. and a pair of blankets, value 2 s. the property of Francis Springal , the said goods being in a certain lodging room, let by contract to the said John , Feb. 7th . *

Elizabeth Springal . I am wife of Francis Springal , who lives in South Moreton Street, St. George's parish : the prisoner came to lodge with me on the 12th of August was a twelvemonth, and continued there till the latter end of last February. He took two pair of sheets and blankets and pawned them.

William Blackbourn . These things (producing a pair of sheets) were pledged by the prisoner's wife.

Springal. These are my property; I missed them the same day the prisoner went away; I found them after. The prisoner came the day he was taken to my house; he owned to taking the things; said he would rather be transported, than pay for his lodging; he said he would do it if it was to do again.

John Farrel produces another sheet brought by Alice West .

Prosecutrix deposes to it.

Alice West . I pawned it for the prisoner; the prisoner brought it to me.

Prisoner's Defence.

I was on duty; the prisoner took in a common woman of the town, she gave them to my son to be pawned.

Guilty . T .

[Branding. See summary.]

[Imprisonment. See summary.]

637, 638: (M.) HENRY COLEMAN and BENJAMIN BLACKBURN , were indicted, the first for breaking and entering the dwelling house of Nathaniel Player , on the 30th of June , about the hour of nine in the forenoon, (no person being therein) and stealing a silver watch, value 4 l. a silk ribbon, value 1 d. a brass key, value 1 d. and twenty-four halfpence, the property of the said Nathaniel, in his dwelling house , and Benjamin Blackburn for receiving the said goods, well knowing them to have been stolen . ++

Nathaniel Player , deposed,

"that Coleman

"came to work for him on the 29th of June;

"that the next morning he gave them the slip;

"that he found the street door unbolted, and

"missed his watch and money; that he met

"the prisoner three weeks after, and he then

"confessed he had sold the watch to Blackburn;

"that accordingly Blackburn was taken into

"custody, and the watch was found upon him.

"(Which was produced and deposed to by the prosecutor.)"

James Milbourn , deposed,

"that Blackburn

"is his apprentice ; that he heard Coleman

"confess he had stole the watch, and had sold

"it to Blackburn for sixpence and an old handkerchief;

"that he took the watch from Blackborn,

"who told him that he knew Coleman

"had stole it."

Coleman, in his defence, said

"he found the

"watch."

Blackburn said

"Coleman told him he found

"the watch, and gave it him to sell for him."

He called two witnesses, who said, they knew no harm of him.

Coleman, Guilty . T .

Blackburn, Guilty. T. 14 Years .

639. (M.) WILLIAM ADDINGTON was indicted for stealing a cloth coat, value 15 s. a cloth waistcoat, value 10 s. a pair of worsted breeches, value 5 s. and twelve guineas in money, numbered, the property of Michael Berry , in his dwelling house , July 13 . ++

Acquitted .

640, 641. (M.) WILLIAM WATERS and WILLIAM DUFFILL , were indicted for that they on the king's highway, on Sarah Saunders , widow , did make an assault, putting her in corporal fear and danger of her life, and stealing from her person, a handkerchief, value 2 d. two cloth aprons, value 1 s. a black silk hat, value 2 d. and 3 s. in money, numbered, the property of the said Sarah , July 18 .

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

642. (M.) JAMES FITZGERALD (a black) was indicted for that he, in the dwelling house of Francis Limes , on Ann, the wife of Samuel Roberts , did make an assault, putting her in corporal fear and danger of her life, and stealing from her person a silk purse, value 1 d. and 12 s. 6 d. in money, numbered, the property of the said Samuel, from the person of the said Ann , July 19 . ++

Ann Roberts . I live in Parker's-street, and sell old clothes ; I have often seen the prisoner at the Boot, opposite my house; he has spoke to me, but I had no acquaintance with him. He came over the way to me on the 29th July, and asked me to drink; there were two or three women of us together; we said we would be our two-pence to his three-half-pence; we had a pot of beer. He asked me to buy some clothes out of pawn; I pulled my purse, in which I had 12 s. 6 d. out of my bosom. I had quarrelled with my husband, so I did not care to have any dealings that day. I went from thence to the White Hart in Litchfield-street ; the prisoner came in soon after me; the maid shewed me the way to the necessary; while I was there, the prisoner came down; as soon as I saw him, I was frightened; I jumped off the necessary, and cried, O Lord! O Lord! the prisoner, without saying a word, or offering any violence to me, put his hand into my bosom, took my purse out, and went up stairs immediately, and when I came up the prisoner was gone.

Elizabeth Poltney , deposed,

"that she was

"with Roberts, at the Boot, and saw her put

"12 s. 6 d. into her purse, which she put into

"her bosom."

Sarah Adams a servant at the White Hart, deposed,

"that she shewed the prosecutrix the

"way to the necessary; that when she came up

"stairs, she saw the prisoner at the top of the

"stairs, who said to her, if I go down stairs,

"she will swear I robbed her, and that he immediately

"went down stairs; that she was

"called away upon some other business, and

"presently the prosecutrix came up stairs, and

"said the prisoner had robbed her of her

"money."

Robert Crown deposed,

"that he saw the

"prisoner and the prosecutor at the White

"Hart; that she asked the prisoner to treat her

"with a pint of beer, and he said he had but

"one farthing. That he was brought into the

"watch-house, and charged by the prosecutrix

"with having robbed her of 12 s. 6 d. that we

"searched the prisoner, and found upon him

"8 s. 6 d. in silver, and 5 3/4 d. in copper; that he

"said he got the money by gambling, at Marybone,

"and that he found a pack of cards upon

"him, which appeared to have been prepared

"for such a purpose."

The prisoner, in his defence, said,

"the prosecutrix

"asked him to go with her; that she

"was much in liquor; that he went down to

"the necessary; that he found the prosecutrix

"there casting her stomach, and that he immediately

"returned up stairs."

Guilty of stealing only . T .

643, 644. (L.) JOSEPH BROWN and THOMAS LITNERS were indicted for stealing a linen handkerchief, value 10 d. the property of Thomas Hiam , Sept. 7 . ++

William Pain . I was at Bartholomew fair on the 7th of September; I saw Litners take a handkerchief out of Hiam's pocket, and give it to Brown; I desired Mr. Gates to take notice of them; which he did. Hiam is a boy; he appeared before the alderman, and swore to his handkerchief, but his father would not let him appear before the grand jury.

Joseph Gates confirmed this evidence.

Brown's Defence.

I know nothing of the handkerchief, nor of this Litners.

Litner's Defence.

I never touched the lad's pocket; I never saw Brown before. I carried meat out for the butchers in Brooks-market.

Litners called Benjamin Johnson , Thomas Mathews , Mary Harding and John Crispin , who all gave him a good character.

Q. to Joseph Gates . Did you observe the prisoners before they got the handkerchief out of the boy's pocket?

Gates. Yes; for half an hour I believe; they made several attempts.

Both Guilty . T .

645. (L.) HUET DUPLESSINO was indicted for stealing a silver watch, value 15 s. a pair of stone shoe buckles set in silver, value 5 s. and two pair of stone knee buckles set in silver, value 3 s. the property of Joseph Whyle , September 2 . ++

Acquitted .

646. (L.) THOMAS HARDMAN was indicted for stealing a linen handkerchief, value 10 d. the property of a person unknown, September 7 . ++

Acquitted .

647. (M.) FRANCIS NIXON was indicted for stealing a silk gown, value 18 s. two cotton gowns, value 30 s. one linen gown, 6 s. a net handkerchief, value 3 d. a linen handkerchief, value 3 d. and a black apron, value 3 d. the property of Thomas Bright , Aug. 1 . ++

Ann Bright . I am the wife of Thomas Bright ; I live in a court in St. James's-street ; the prisoner came to me for a lodging; I had known him ever since last March; he did not come to lodge with me then, but was to come in three days; he did not come. My door was broke open when I was out, and the things mentioned in the indictment were taken away; I suspected the prisoner, from the description the neighbours gave me of the person they saw go out with the bundles; I got a warrant and went to his lodgings; I saw his wife, she had one of my aprons on; I went for a constable; when I came back she had got another apron on. The prisoner was taken that night at the bottom of the Hay-market; he said he found them, and confessed that some of the things were at a public house in St. George's Fields, and the rest pawned.

Thomas Robinson . The prisoner gave me a duplicate of two gowns, that were pawned in the Borough; I got the two gowns from the pawnbroker's, two gowns, three handkerchiefs and an apron (producing them)

Prosecutrix. These are my property.

Prisoner's Defence.

I found these things in Bond-street.

Guilty . T .

648, 649. (M.) JOHN FARRELL and RICHARD STINT were indicted for stealing a silver watch, value 3 l. the property of John Phillips , July 24 . *

John Phillips . I lodge at the Ship at Stepney ; Stint came into the yard one Friday night about two months ago, and asked if it was five o'clock; I said it was; Farrell said let me look, I don't believe it is; I gave him my watch to look at, and he gave it me again; Stint then said, bl - t you, I won't believe it is so late; I pulled my watch out to shew him, and he snatched it out of my hand; I asked him for it several times; he would not give it, but bid me get a pint of beer; while I was gone for the pint of beer they both went away; I went out in search of them, and met them both together; I asked Stint for my watch; he bl - d me several times, and said he knew nothing of it, and at last he collared me, and swore he would take me before Justice Fielding, for calling him a thief; he took me as far as Rag Fair; there I met an acquaintance; he charged him with having my watch; some people came to my assistance, and I secured him, and presently Farrell came up; we secured them both, and before we had taken them ten yards, some of Justice Sherwood's men (whom I had sent for) came up, and they found my watch in Farrell's breeches.

Archibald M'Nabb. I found this watch (producing it) in the inside of Farrell's breeches.

Prosecutor. This is my watch.

Stint's Defence.

It was only done in a frolick; we might have made away with it if we had intended to steal it; we were very much in liquor.

Farrell's Defence.

While I was waiting for some beer they both went away; I saw Stint on the road; he said he had got the watch, and it was as much his as the man's; when the prosecutor came after us, he desired me to keep it till we went before Sir John Fielding .

Stint called Turpin and John Holmes , who knew him three years ago, and gave him a good character.

Both Guilty . T .

650. (M.) ELEANOR M'KENSIE , widow , was indicted for stealing a white sattin cloak, value 3 s. the property of Thomas Layton , Aug. 1st . *

Thomas Layton . I live in Wardour-street, Soho ; the prisoner and a boy came into my shop on the 1st of August, and said she wanted a cheap shirt for her husband; she called a man that was standing at the door into the shop; they disputed some time but did not deal; as as soon they were gone out of the shop I missed a sattin cloak; I pursued them; I overtook the prisoner and the boy, and I found my cloak under her cloak; I charged a constable with them; I did not see any thing more of the man; she went down on her knees, and declared the boy was innocent, and said that poverty had forced her to do it; she said before the justice that she was a widow and had three children.

Prisoner's Defence.

I picked the cloak off the ground. I have have three fatherless children.

Guilty 10 d . W .

651. (L.) THOMAS PRATT was indicted for stealing a silver tankard, value 40 s. the property of John Close , September 8 . ++

John Close . I live at the Guy of Warwick, in Warwick-lane, Newgate-street . On Tuesday night the 8th of this month when I shut up at night, I missed a silver tankard; it was advertised afterwards by Marks the Jew; I went to his house, and saw the tankard; I never saw the prisoner, to my knowledge, in my life before.

David Levi . As I was coming along Bevismarks, yesterday was a week, I saw the prisoner walking with a tankard under his arm; he asked a man to buy it; he asked a guinea and a half for it; the man said he would not buy it because he did not believe he came honestly by it; he went away, and I followed him; he shewed it to another man, and that man said if he came honestly by it he would give him 4 s. for it; I secured him and I gave the tankard to Marks.

- Marks. Levi gave the prisoner in charge to me, and gave me this tankard; (produced and deposed to by the prosecutor.)

Prisoner's Defence.

I put my foot against the tankard as I was coming up some steps near the Fleet-market; it was under some straw.

Guilty . T .

652. HADEY KITCHEN , spinster , was indicted for stealing a wooden screw-box, value 1 d. and 42 l. 13 s. 9 d. in money, numbered, the property of Robert Stokes , in the dwelling-house of Joseph Booth , August 11 .

Robert Stokes was called but did not appear, his recognizance was ordered to be estreated. Acquitted .

653. (2d. M.) DAVID HADLEY was indicted for stealing an iron stove, value 5 s. the property of Elisha Washburn , July 31 .

Elisha Washburn . I live in Charles-street, Long acre ; on the 31st. of July I lost a stove from my door; sometime after I saw the prisoner walking in the street with my stove in his hand; I stopped him and asked where he got it; I examined it and found it was mine; in the mean time the prisoner ran away; I pursued him and secured him. (The stove produced, and deposed to, by the prosecutor.)

William Palmer . I made this stove for Mr. Washburn.

Prisoner's Defence.

A man gave it to me to sell for him.

Guilty. 10 d .

[Transportation. See summary.]

654. (M.) RICHARD ROBERTS was indicted for stealing a pair of silver shoe-buckles, value 10 s. a muslin neckcloth, value 6 d. and a linen handkerchief, value 2 s. the property of John Hobbs , August 29 . +

John Hobbs . I am a coachman ; I was driving a jobb for a man that is ill. I lost a pair of shoe-buckles, a neckcloth, and an handkerchief out of a stable in Cross-key's Mews at Mary-le-bone ; the prisoner passed me whilst I was wiping the coach; I did not mistrust him; after I had done with the coach I went into the stable and missed the things mentioned in the indictment. I went immediately and gave notice to the pawnbrokers to stop them if they should be offered to pawn; about half an hour after I had given this notice, a pawnbroker came and informed me he had stopped my buckles. I searched the prisoner, and found my neckcloth and handkerchief in his pocket.

Joseph Lawrence produced a pair of silver buckles, which he stopped upon the prisoner. (The buckles were deposed to by the prosecutor.)

The prisoner in his defence said, he had the things of another boy.

Guilty .

[Transportation. See summary.]

655. (M.) THOMAS DEVINE was indicted for stealing one shoe-maker's size-stick, value 14 d. the property of John Walter , July 24 . +

John Walter . I am a shoe-maker ; as I was going along the Strand on the 24th of July, about eleven o'clock at night, with my size-stick in my pocket, I stood to see two girls fight; I felt a hitch at my pocket; I turned short round, and saw the prisoner with my size-stick in his hand; I saw him deliver it to one of the girls, and they ran away; I followed them, they cried out murder, upon which the prisoner interposed, and prevented me from taking hold of the girl or searching her, and the girls went up Ship-yard, upon which I got hold of the prisoner, and charged the watchman with him. The size-stick was brought to me next day by a watchman.

The watchman deposed, that he found the size-stick in Ship-yard.

Prisoner's Defence.

I know nothing of it; the girls cried out murder; I shoved him away from them; I know nothing of it.

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

Guilty . W .

656. (M.) MICHAEL LADLOW was indicted for stealing twenty-six lb. of iron, value 2 s. the property of John Finch , May 10 . +

John Finch . I missed some loose iron on the 10th of May, that I had picked up at different times, and laid in a manger; upon enquiry after it, I was informed where there were some pieces of iron; I went and saw it, and was sure it was mine. (The iron produced, and deposed to by the prisoner.)

William Greggs . I have known the prisoner twenty years. I saw him on the 10th of May in the fields, between Bromley and Limehouse; he came to a turn-style, where there were three ways; he did not go directly through, but went and hid a bundle which he had under his arm, then he went away, and I saw him endeavouring to hide himself; I went and took up the bundle which contained the iron that has been produced.

Prisoner's Defence.

I found this iron when I was digging; I suppose it had been hid by somebody. I have not been in the prosecutor's stable these two years.

Guilty . T .

657. (L.) ALICE WALKER was indicted for stealing a canvas bag, value 1 d. nine guineas, two half guineas, a twenty-seven shilling piece, and 4 s. in money, numbered , the property of Thomas Atkins , September 7 . ++

Thomas Atkins . I am a waggoner ; last Monday about five o'clock in the afternoon, I met the prisoner in Newgate-market; she asked me to treat her; we went into the Poulterer's-arms and had six-pennyworth; we had not been there five minutes before she went away, and ran out directly like an arrow; I put my hand in my pocket and missed my money; I went after her, and took her in Warwick-lane; I got a constable, and had her searched, but did not find my money; it was in a canvas bag in my right hand breeches pocket; I know I had the money when I went into the house, and I was nigh nobody but her.

John Calby . Upon Monday night about eight o'clock or before, this woman was brought into our prison by Proctor the constable, for robbing a man; when we were shutting up we missed her; in the morning we found her with Michael Johnson , and found five guineas in a purse in his pocket, and three guineas sewed up in his hat under his button; he is a taylor; we searched about the wainscot where Johnson lies, and found the prosecutor's bag with a moidore and 2 s. in it; she said she had the money in her hand when they searched her, and tied it up in her hair when she went to bed, and that Johnson when she was a bed took it out of her hair; she said she designed to give the money to the man of the tap-room to give the prosecutor again, but Johnson persuaded her to go with him, and he would take care of it.

- Hunt. I keep the Oxford-arms; this man brought the prisoner down to my house; she was searched, and we could find nothing upon her; she was taken to the Compter; I went in the morning, and she said she had lain with a man all night, and he had the money, and desired us to search him; we did, and found five guineas in a purse, and three guineas sewed up in his hat. (The bag produced, and deposed to by the prosecutor.)

Prisoner's Defence.

I did not rob him at all; he took me to Bartholomew-fair, and asked me to drink; he asked me to go to the Inn, I went with him; then he asked me to go down into the country with him, and gave me the money to buy me some wearing apparel. I did not confess I took the money, he gave it me.

Guilty . T .

658, 659. (L.) CHARLES WALL and WILLIAM RELEY were indicted for stealing a silver pint mug, value 50 s. the property of Margaret Bedford , Sept. 2d . ++

Margaret Bedford . I keep the Crown in Paul's Alley, St. Paul's Church Yard ; on the 2d of this month, between five and six in the evening; the prisoners came into my house, and called for a pint of beer; Wall desired to have a candle; I said it was too soon to have a candle; I gave him a pint of beer, in a silver mug that I keep for my own use; the mug was missed as soon as they were gone out; I went down the church yard and saw Reley coming up Ludgate-hill; I charged him with taking the mug away; he said he did not; he went with me, and Wall came in afterwards to clear his character, so I took them both up; then Reley said Wall had it in his pocket; when he went out of the house, Wall said he had neither sold it, nor had any money upon it, but left it at a gentleman's in Thames-street. I sent a woman to see if it was in any pawnbrokers hands, and it was found at Mr. Farmer's, the corner of Queen's-street, in Thames-street; he had stopped it.

- Farmer. Wall brought this mug to me, and offered to pawn or sell it; I charged him with stealing it, and he run away. (The mug produced and deposed to by the prosecutrix.)

Wall's Defence.

I was intoxicated in liquor: I am guilty.

Relly's Defence.

I was going home to my family, and this man called me in to drink a pint of beer; I came out and left him there. I know nothing of the matter. I did not say Wall had it in his pocket.

Reley called Robert Mason , who had known him five or six years, and Thomas Dobson , who had known him two years, who both gave him a good character.

Wall, Guilty . T .

Reley, Acquitted .

660. (M.) THOMAS DAVIS was indicted for stealing one mahogany tea chest, value 5 s. three tin cannisters, value 1 s. and a silver teaspoon, value 1 s. the property of Benjamin Baylis , August 7th . ++

Benjamin Baylis . I live at the King's Arms, in the liberty of the Rolls ; on the 7th August, about seven at night, the prisoner came into my house, and called for a pint of beer; he sat in the kitchen, in a box where this tea chest was; we had made use of it for tea about four o'clock; when he went out I saw something under his coat; I went to see if my tea chest was within and it was gone. I overtook him, and put my hand under his coat, and there I found the tea chest. (Produced and deposed to by the prosecutor.)

William Hardy . I saw Mr. Baylis have the prisoner by the collar. I believe the prisoner was in liquor.

Prisoner's Defence.

I was very much in liquor, and know nothing about the house, nor the man. I had sent my chest down to Portsmouth; I was going out in a ship.

Prosecutor. He seemed very sorry for what he had done afterwards.

Guilty . T .

661. (2d. M.) JOHN WHITE was indicted for killing and destroying a black gelding, value 18 l. the property of James Ward . *

John Harper , clerk to James Ward , deposed, that the gelding was lost, out of a field in which were twenty or thirty more near Paddington.

John Hiam . Ashby and I stole the gelding, and sold it to the prisoner for half a guinea; the prisoner boils horse flesh to sell for dogsfood; we told him the gelding was young, and was too good to kill; he said d - n his eyes it was not, though it was quite a baby; he took it into his slaughter house, called for an ax, and knocked it down directly. The common price he used to give as was half a guinea a piece; he skinned it directly, cut out the heart, broiled part of it, and eat it, and said it was as nice as a bullock's heart.

Samuel Franklin deposed, that Meredith and he took the prisoner at his own house, that when he was under examination, he said he did not intend to buy any more.

John Meredith confirmed this evidence.

This indictment was founded upon the black act, by which it is enacted,

"that if any person shall

"unlawfully and maliciously kill, maim or

"wound any cattle, they shall be deemed felons

"without benefit of clergy." The court were of opinion that the act meant to present killing, maiming or wounding of cattle while in the field, &c. in the possession of the owner, and therefore that the present case was not within that act.

Acquitted .

662. (M.) THOMAS ASHBY and JOHN WHITE were indicted, the first for stealing a brown gelding, value 6 l. the property of William Hemmings , and the other for receiving it, well knowing it to have been stolen , July 19 . *

Both Acquitted .

(M.) THOMAS ASHBY and JOHN WHITE were indicted, the first for stealing a bay gelding, value 3 l. 10 s. the property of John Carter , and the other for receiving the said gelding well knowing it to have been stolen , June 6 . *

Both Acquitted .

(M.) THOMAS ASHBY and JOHN WHITE were indicted; the first for stealing two black geldings, value 12 l. and the other receiving them, well knowing them to have been stolen , July 3d . *

Both acquitted .

663. (M.) THOMAS ASHBY and ROBERT BOWLING were indicted, the first for stealing a horse, value 4 l. the property of Ann Peach , widow , and the other for receiving it, well knowing it to have been stolen , May 23d. *

Both acquitted .

(M.) THOMAS ASHBY and ROBERT BOWLING were indicted, the first for stealing a gelding, value 42 s. the property of Henry Plowman , and the other for receiving it, well knowing it to have been stolen , April 30th . *

Both acquitted .

(M.) THOMAS ASHBY was indicted for stealing a gelding, value 3 l. the property of Francis Pope , June 19 . *

Acquitted .

There was no evidence on the last six indictments to affect the prisoners, but that of John Hiam , the accomplice.

664, 665. (M.) RALPH LAWSON and MARY RYAN , spinster , were indicted for stealing thirteen guineas, and sixteen shillings in money, the property of Nathaniel Hartly , privately from his person , June 23 . *

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

666, 667. (M.) JOHN COX and ALLIOT MELVILLE were indicted for stealing twenty pair of leather shoes, value 30 s. the property of William Ashby , July 7 . ++

Both acquitted .

668. 669. (M.) LYON ABRAHAMS and AARON SPENCER were indicted, the first for stealing a hair trunk, value 1 s. 6 d. a pinchbeck necklace, value 3 s. a garnet necklace, value 3 s. a bracelet mounted in gold, value 3 s. a silver handle knife and fork, value 1 s. another silver handle knife and fork, value 10 s. 6 d. a gold watch, value 5 l. a silk pin cushion, value 6 d. 3 lb. of brass pins, value 1 s. 6 d. seven muslin aprons, value 10 s. a lawn handkerchief, value 6 d. a muslin handkerchief, value 6 d. six yards of ribband, value 2 s. a silk and cotton bag, value 6 d. two dozen small bottles of drops, value 5 s. and fifteen double louis d'ors , the property of Isaac Watson , and the other for receiving a hair trunk, a pinchbeck necklace, a garnet necklace, a bracelet mounted in gold, a silver handle knife and fork, a gold watch, 3 lb. of pins, a muslin handkerchief, six yards of ribband, two dozen of small bottles of drops, parcels of the above goods, knowing them to have been stolen , August 22 . ++

Both acquitted .

670, 671. (M.) ANN WYE , spinster , and ABIGAL WYE , spinster , were indicted, the first for stealing a gold ring, value 10 s. a quarter of a guinea, and 5 s. 6 d. in money, numbered, a linen cap, value 3 d. and a piece of linen, value 2 d. the property of George Rosewell , and the other for receiving the gold ring, well knowing it to have been stolen . *

Mary Rosewell deposed, that she lost the things mentioned in the indictment; that she suspected Ann Wye ; that she had her taken up, and she confessed that she had stole the things, and had given her sister Abigal the ring.

The prisoners said nothing in their defence.

Ann Wye , Guilty . T .

Abigal Wye, Acquitted .

672. (L.) CHARLES RILEY was indicted for stealing a silver watch, value 4 l. 4 s. the property of Willam Callinson , August 20 . ++

William Callinson . I am a porter to Mr. Bickerton, a charcoal-man ; on the 20th of last month, between seven and eight o'clock in the evening, the prisoner and I were coming up Snow-hill ; I pulled my watch out to see what time of the day it was; he desired to look at it; I gave it into his hand; he immediately ran off with it; I cried stop thief! and Mr. Ashmore stopt him; he had got about 100 yards off. The watch was taken upon him.

Q. Were you acquainted?

Collinson. No; we had entered into conversation together.

- Ashmore deposed, that he took the prisoner, in the yard belonging to the Saracen's Head; that at first he denied having the watch, but the witness threatened to search him, and then he produced it; that the prosecutor came up and mentioned the maker's name, and the number of the watch.

The prisoner said in his defence, that he was drunk, and did not know what he was about.

Guilty . T .

673, 674. (M.) JAMES NIMMEY , jun . and JOHN CHAPMAN were indicted for breaking and entering the dwelling-house of Thomas Mahoney , on the 5th of July , about the hour of one in the night, and stealing a silk handkerchief, and two linen handkerchiefs, value 2 s. four China bowls, value 20 s. one earthen bowl, value 6 d. one pair of gold weights and scales, value 1 s. one leather box, value 1 s. and thirty-six half-pence, the property of the said Thomas, in his dwelling-house . *

Thomas Mahoney . I live at the Swan in King-street, St. George's in the east . On July the 5th, between half after eleven at night and three in the morning, my house was broke open. I went to bed before 12 o'clock; I fastened the doors myself: about four in the morning one of the neighbours called out in the street, that my house was robbed and broke open; a lodger in the house got up and called me; I found the house broke open, and missed in the bar all the things mentioned in the indictment (repeating them) the bar window was broke open; the rail the shutters slide on was cut on the outside, and then the shutters fell down. I found the marks of three chissels which had been used to force the window, one large, another smaller, and the other smaller than that; there were two panes of glass in the window broke, and I suppose day light came on, or they would have taken all the things I had there.

Q. Was it day light when you got up?

Mahoney. Yes. I went to Justice Sherwood and laid an information of the robbery, and his men found them out about a fortnight after, and the Justice sent for me; a China bowl was there produced which I knew to be my property.

- Farrel. I found this China bowl in the house of Mary Bellamy .

Mahoney. This bowl is my property, it was in the bar that night; it has been broke and rivetted.

William Evans . I was along with John Chapman some day in July; we met James Nimmy in Wapping; he said he would go and break open Mr. Mahoney's house: I said I believed he had a great deal of money in a fill in the bar; Chapman bid Nimmey and I watch, that nobody came by, which we did; then he pulled out a rusty chissel, and with his knife and the chissel he cut away the grove of the shutters; he took down the shutters, and while he was breaking the glass the Watchman cried past one o'clock. Nimmey ran away, we put up the shutters, then we went away; for fear they should see the house; we returned in about a quarter of an hour, or ten minutes; we saw no more of James Nimmey ; Chapman put his hand in and took out two China bowls; I went and hid the bowls in a hole in Farthing-fields. I asked Chapman to go back and see if we could not get the money; we went back, and Chapman took the pane of glass out, and took out some bottles and some half-pence, a pair of scales and weights for gold and silver; then we came away; he took the things home, and I went to my lodgings.

Q. How old is Nimmey?

Evans: Fifteen or sixteen years old.

Mary Bellamy . Chapman brought that punch-bowl to my house and desired to leave it.

Hiams. I took Nimmey and Evans together.

Nimmey's Defence.

I never was concerned with any of them in my life.

Chapman's Defence.

The Prisoner gave Evans money to tell where the scales were.

NIMMEY Acquitted .

CHAPMAN Guilty . Death .

See Nimmy tried No. 26, for a highway robbery; and No. 222, for a burglary, both in the present mayoralty.

See John Chapman , and Ann Nimmey , James Nimmey 's mother, tried; No. 623, 624.

675, 676. (M.) CATHERINE CONOLLY , spinster , and ANN HAMMOND , spinster, were indicted for stealing a cotton gown, value 4 s. a laced sattin cloak, value 20 s. a cloath cloak, value 1 s. a laced white sattin hat, value 2 s. a pair of lawn sleeves, value 6 d. and a black silk handkerchief, value 6 d. the property of Samuel Farmer , July 1 . ++

Carolina Farmer . I keep a lodging house in Tothill-street . The two prisoners came to lodge at my house; I agreed to take Conolly as a servant ; she continued about a fortnight. On the 1st of July I went out and left her at work in her shift sleeves; when I returned home she and Hammond were gone, and I missed the things mentioned in the indictment; I went after them and found them in a cellar among some soldiers; Conolly had my cotton gown and hat on; Hammond sat by her with my cloth cloak on.

CONOLLY Guilty T .

HAMMOND Acquitted .

677. (M.) JOHN WOOD was indicted for stealing a handsaw, value 5 s. the property of William Driver , September 1 . ++

The Prisoner was seen by a person coming out of some buildings with the saw under his coat; he was immediately secured; the saw was produced and deposed to by the prosecutor.

Guilty 10 d .

[Transportation. See summary.]

678. (M) ELIZABETH GREENWOOD , spinster , was indicted for stealing a linen gown, value 15 s. a cloth cloak, value 8 s. and a linen shift, value 1 s. the property of William Fitzgerald , June 4 . ++

William Fitzgerald . I hired the prisoner on the 1st of June to wind quills for me; on the 4th of June she stole the things mentioned in the indictment. She was taken in Shoreditch on the 6th of August; she said she was fuddled when she took them, and that she had pledged the shift with Mr. Brown; I went to Mr. Brown's, and there found the shift.

- Brown produced a shift pledged by the prisoner on the 6th of June, which was deposed to by the prosecutor's wife.

The prisoner, in her defence, said she was innocent of the charge: she called three witnesses who gave her a good character.

Guilty T .

679, 680, 681, 682. (M) JOHN WILLIAMS , THOMAS DAVIS , WILLIAM SHEEN , and WILLIAM THOMAS , otherwise PEPIL , were indicted, the three first for breaking and entering the dwelling-house of Ann Kelly , spinster, on the 26th of August , about the hour of one in the night, and stealing a linen gown, value 3 s. a sattin cardinal, value 50 s. three linen aprons, value 4 s. one pair of lawn ruffles, value 2 s. two silver tablespoons, value 16 s. five silver tea-spoons, value 7 s. and one pair of silver tea-tongs, value 5 s. the property of the said Ann, in her dwelling-house ; and William Thomas , otherwise Pepil, for receiving the sattin cardinal, well knowing it to have been stolen .

There being no other evidence to affect the prisoners but that of the accomplice, they were all

Acquitted .

683. 684. (M) WILLIAM SMITH , and ELIZABETH WOOD , otherwise JOHNSON, otherwise SMITH , was indicted for stealing one silver sugar-basket, value 40 s. one silver teapot, value 20 s. one pair of silver salts, value 10 s. two silver salt-spoons, value 2 s. four silver table-spoons, value 20 s. one silver pint mug, value 40 s. a pair of stone sleeve-buttons set in gold, value 5 s. a rose diamond ring set in gold, value 20 s. one small wooden box, value 1 d. one white sattin cloak, value 20 s. one muslin laced handkerchief, value 5 s. two pieces of chocolate, value 1 s. and thirteen guineas in money numbered the property of Martha Wish , widow , August 2 . ++.

Martha Wish . I use Covent-garden market. On the 1st of September I went to market about five in the morning; I saw Wood there; when I went home I found I had been robbed; the street door lock was picked, and the parlour door broke open. I lost a box out of the parlour with thirteen or fourteen pounds in it; I missed the plate out of my bed-room, and the rest of the things mentioned in the indictment. I suspected the prisoner. As I stood at the door the prisoner, Smith, came by; I charged him with robbing me; some of the neighbours came and searched him, but found nothing upon him.

Isabella Shields was called to prove that the prisoner, Wood, was seen about the house, about the time the fact was committed, but she only saw her go into the other prisoner's cellar.

Charles Christopher . I saw the prisoner, Wood, pass and repass Mrs. Wish's door.

Joseph Sims . I am one of Sir John Fielding 's men; I had this woman in custody to carry to prison; in the way she sold a pair of buttons to one Mr. Trip, and had a shilling in part of payment. I and Stephens searched a cellar which she went into, and there we found a parcel of pick-lock keys, a fork, and some chocolate; one of these pick-lock keys opens Mrs. Wish's street door.

Joh Trip. These buttons (producing a pair of gold buttons) were brought to me by the prisoner, Wood, along with Sims; first she said she found them; then that she had had them seven years. Sims desired me to let her have a shilling on them, as she was going to prison without a farthing; the buttons had the stones knocked out.

Mrs. Wish deposed to the buttons and chocolate.

Mrs. Farrell deposed, that she gave the prosecutor this chocolate, and knows the mark upon it.

- Kelly. I first apprehended Smith, and asked him where he lodged; he said he would show me, and carried me to this cellar: we searched there, but found nothing; I took him to Sir John's.

- Stevens. I was present when the things were found in the cellar; the keys and chocolate were found.

Smith's Defence.

I know no more of it than the child unborn.

Wood's Defence.

I know no more of it than I do of the day I shall die; I found the buttons at the playhouse door, and an eighteen shilling piece, four or five years ago.

Wood called one witness to her character, John Jones , who sells fish; he says he has worked with her, that she is an industrious woman, has always tried to get a shilling; but he could not say any thing to her character.

SMITH Acquitted .

WOOD Guilty . T .

685. (M) MARY SPENCER was indicted for stealing two linen shirts, value 4 s. one linen sheet, value 1 s. 6 d. one muslin neckcloth, value 6 d. two linen handkerchiefs, value 1 s. and one flat iron, value 9 d. the property of James Moffet . *

James Moffet . Between the 10th and 22d of July I lost the things mentioned in the indictment (repeating them). The prisoner worked at my house as a char-woman ; about the 13th or 14th of July my wife went into the country for fourteen days, and we thought her a proper person to take care of the house while I was out; my wife came home on the 18th, the Sunday morning following, and missed the things.

Sarah Moffet . On the Sunday morning when the prisoner went away I got up; I missed the things. Mr. White has some of them, and there are some at a pawn-broker's.

- White, a pawnbroker, produces a child's gown, a shirt, a neckcloth, and a handkerchief, pawned in the name of Mary Spencer , does not recollect her person.

Prosecutor deposes to the shirt.

Sarah Moffet . Before the justice she confessed where the things were.

The prisoner said nothing in her defence.

Guilty 10 d . W .

686, 687. (L.) JOHN DAVIS and RICHARD RICKARDS were indicted for uttering and publishing as true, a false, forged, and counterfeit promissory note, for the payment of money , in the words and figures following.

London, 4th April, 1772.

Three months after date, I promise to pay to John Hall, or order, eight pounds eight shillings, value received.

Charles Milner , Tallow Chandler, near Shadwell.

£8 8 0

with intention to defraud Robert Rigals , knowing the said note to be false, forged and counterfeit, May 4th . ++

Both Acquitted .

688. (M.) JAMES SHEAY was indicted for stealing nine guineas, the property of Thomas Osborne , in his dwelling house , July 30 . +

Acquitted .

689, 690, 691. (M.) SIMON SIMONS , AARON SOLOMON and SOLOMON LEVI were indicted, the two first for stealing a gold watch, value 11 l. the property of Robert Hynam , and the other for receiving the said watch, well knowing it to have been stolen , June 23 . *

Frances Simons deposed, that she met her brother Simons and Aaron Solomon at an alehouse; Aaron Solomon told her he had a watch, but did not know whether it was gold or pinchbeck; that they went with the watch to Solomon Levi 's, who bought it of them for two guineas and a quarter.

Richard Wickstead , who lives with Mr. Hynam, deposed, that he was in the shop when Simons, Solomon, and the last witness came in, and asked for a pair of ear-rings; that the witness not being used to serve in the shop, desired they would call again; they said they would, and went away, and left a bonnet behind them; that the gold watch was missed next morning.

John Hart . I left the shop at four o'clock that afternoon to the care of the last witness; I missed this gold watch next morning; I left it hanging upon a brass wire close to the window; I was present when Simons and Solomon were examined before the justice, and they voluntarily confessed that they took the watch off the brass wire.

Robert Hynam confirmed this evidence.

Henry Moffet . I am a headborough; I had a warrant to take Levi; I went to his house, and they told me he was gone to Holland; a child told me, he would shew me where he was; he took me to the house of a Mr. Aldridge; when I was on the stairs I saw Levi break through the back of the necessary; I called stop thief! and he was stopt in a garden.

Simons and Solomon said nothing in their defence.

Levi called Aaron Aarons , Henry Barnard , Levi Davids , Duff Benjamin and Abraham Lindo , who gave him a good character.

Simons, Guilty . T .

Solomon, Guilty. T.

Levi, Guilty. T. 14 Years .

692, 693. (2d. M.) ELIZABETH BAXTER and SUSANNA MUMFORD were indicted for stealing five guineas, in money, numbered , the property of Joseph Chatterell , Aug. 17 . *

Both acquitted .

694. (L.) SUSANNA JONES was indicted for stealing a man's hat, value 6 s. the property of Edward Nichols , August 30 . *

Acquitted .

695. (L.) GEORGE KURBETT was indicted for stealing a pair of silver spurs, value 15 s. the property of Francis Bowland , July 22 . *

Francis Bowland . My house was so much damaged, by the fire in Broad-street , that I was obliged to move; the prisoner lay in the house to take care of it; I missed several things; I got a search warrant and my spurs were found at the prisoner's lodgings, in his box. (The spurs produced and deposed to by the prosecutor.)

Prisoner's Defence.

I thought they were iron. It is my first fact.

He called John Hick s. Elizabeth Argyle , Mary Ann , Ann Ford , and Esther Percy , who gave him a good character.

Guilty . B .

696. (L.) WILLIAM RISDELL was indicted for stealing a pewter quart pot, value 10 d. and 2 s. 2 1/2 d. in money, numbered , the property of Edmund Cork , Sept. 10 . *

The prosecutor keeps the Three Pigeons, in Butcherhall-lane ; the prisoner came to his house and ordered a pot of beer, and change for half a crown, to be sent to a house in the neighbourhood; the prosecutor suspecting him, secreted himself near the house, and when the boy had delivered the beer and the change to the prisoner, he sent the boy back for more, and as he was making off with it, the prosecutor secured him.

Guilty . T .

697. (L.) JOHN HOWARD was indicted for stealing a hog, value 50 s. the property of John Mathews . ++

Acquitted .

698, 699. (M.) JOHN SAVAGE and SAMUEL MALE were indicted for that they on the king's highway on Susanna, the wife of James Brind , did make an assault, putting her in corporal fear and danger of her life, and stealing from her person a silk purse, value 1 d. a moidore, a half guinea, and 12 s. in money, numbered, the property of James Brind , July 17 . ++

Susanna Brind deposed, that she was robbed in a chaise, on the 17th of July, between nine and ten o'clock at night (near ten) in the road between Marybone Turnpike and the Farthing-pye-house of the money mentioned in the indictment; that she made information of the robbery at Sir John Fielding 's, and described the persons and dress of the men that robbed her in consequence of which she was sent for in a fortnight afterwards; that she saw the two prisoners there, and that she was possitive they are the men that robbed her.

Elizabeth Ivory , Mrs. Brind's servant, deposed, that she was in the chaise with her mistress; she was positive the prisoners were the persons that committed the robbery, and that she pointed them both out at Sir John Fielding 's, when several people were in the room; that her mistress was robbed near her own house, and that when they got bore the clock struck ten.

The prisoner's, in their defence, denied the charge; and it appeared upon reference to the minutes of the proceedings at the last session, that Male was on trial at ten o'clock the night the robbery was committed; and what is more extraordinary, he was then upon trial for a highway robbery and positively swore to; when, after a proper enquiry, it appeared clearly, beyond all doubt, that he was innocent of that charge.

Both acquitted .

See that trial No. 556 last sessions, and see him also trial No. 438, & c. for other high way robberies, in the present mayoralty.

670. (M.) MARY PLUCKET . spinster , was indicted for stealing four guineas , the property of Christopher Wells , Sept. 2 . *

Acquitted .

671. ROBERT JONES was indicted for stealing 80 yards of silk, value 30 l. the property of William Ward , Timothy Ravenhill , the younger, and Obadiah Legruss , July 24 . ++

Obadiah Legrus . I am a weaver; I am in partnership with my father; I am one of the assignees of one Samuel Cole , of Covent Garden, bankrupt, with Timothy Wall, and Samuel Ravenhill . I was going among my customers, on Saturday the 24th of July; I heard a box of silk was left at Mr. Ravenhill's; I went, and with Mr. Ravenhill looked at the things. On the top of the box there was a direction; it was "To Mr. Jones at Mr. Smith's, Aldersgate-street," where he lodged when out of place. Upon that Mr. Ravenhill said they were left at ten o'clock at night, by a smart person. I went the next day to Cole the bankrupt, to look at the goods to see if they were his property; he was not at home; he came the next day and looked at the goods and found they were his property; I applied to Sir John for a warrant, and took the prisoner in the city, and at two different examinations Mr. Cole swearing the goods were his property, we were bound over to prosecute Jones. Cole is not since to be found; Jones was a servant of his.

Council for the prisoner. They know where to get Mr. Cole very well.

Legrus. Upon my word I do not know where he is.

Q. Did he say he did not know whether they were stole or no?

Legrus. He swore before my Lord Mayor that he knew they were stole, but did not know the person that stole them.

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

Acquitted .

672. (L.) ARABELLA BUTLER was indicted for selling, paying, and putting off 540 counterfeit halfpence for a guinea, being a less value than their denomination doth import, against the statute . ++

Sarah Hale deposed, that she had frequently received halfpence of the prisoner at the rate of 540 for a guinea.

Joseph Thompson deposed, that on the Thursday fortnight, he saw a quantity of new halfpence in the possession of a person in the Fleet Market; suspecting them to be counterfeit he made some enquiry about them, and was directed to Sarah Hale , who was then in sight, as the person that paid the counterfeit money; upon which he stopt her, and found five shillings worth of new halfpence upon her; that he took her into custody, when she said she had received them of the prisoner for quilting; the prisoner came and told the same story; they then searched the prisoner's house, where they found a pair of dies, and all the implements necessary for coining halfpence.

Mr. Yeo, the engraver of dies in the Mint, deposed, that the half-pence were counterfeit.

The prisoner, in her defence, said, that she never paid Hale more than twenty one shillings for a guinea; and that the implements for coining that were found in her apartments were left there by some people that had lodged with her.

Guilty . T .

[No punishment. See summary.]

See the Trial of John While , No. 628.

673. 674. 675. (M) MARY WALKER , PHEBE BELL , and MARY SAUNDERS , were indicted for stealing one pair of leather shoes, value 2 s. a stuff gown, value 6 d. a baize petticoat, value 4 d. and one pair of copper buckles, value 4 d. the property of John Moran , July 3 . *

Walker Guilty 10 d . W .

Bell Acquitted .

Saunders Guilty 10 d. W .

676. (L) FRANCES NORRIS was indicted for stealing one pewter quart pot, value 1 s. the property of William Bevan , one pewter quart pot, value 1 s. the property of Edward Richardson , and one pewter pint pot, value 6 d. the property of Fenly Ferguson , August 13 . ++

John Green deposed that he saw the prisoner take the pots mentioned in the indictment, from off Dice and Smart's key , and secured him.

The pots produced and deposed to by the different owners.

The prisoner in his defence said, a man had given him a glass of rum, and he did not know what he did.

Guilty 10 d. W .

677. 678. (L) DOROTHY DAVIS , spinster , and MARTHA HARROD , spinster, were indicted for stealing a silver watch, value 2 l. a steel watch-chain, a silver seal and a brass metal key , the property of Dederick Workhoff , August 23 . ++

The prosecutor deposed that he was picked up by the prisoners and went to their lodging; that he laid his watch on the chimney-piece; that Harrod took it up and went away with it.

Richard Smith , a constable, deposed, that the prosecutor applied to him, that he met Harrod in the street, that he bid him take up Doll Davis, she said that she herself had thrown the watch over the pales.

Davis Acquitted .

Harrod Guilty .

[Transportation. See summary.]

679. (M) WILLIAM BONNIFACE was indicted for stealing a cloth waistcoat, value 10 s. a pair of cloth breeches, value 10 s. a pair of mens leather pumps, value 2 s. a pair of cotton stockings, value 2 s. a linen shirt, value 3 s. and a linen handkerchief, value 1 s. the property of Thomas Farley , July 18 . *

Guilty . T .

680. (M) SARAH BATEMAN was indicted for stealing a large silver spoon, value 5 s. the property of Joseph Wilkinson , August 9 . *

Joseph Wilkinson . I keep wine vaults in Long-acre . On the 10th of August the prisoner was brought to me by Mr. Laton, the pawnbroker, with a silver spoon my property; it has a very particular mark upon it; I had not missed it before.

- Laton. On the 10th of August the prisoner brought this spoon to pledge (produced it) I stopped her; she gave different accounts about it; at last she said it belonged to Mr. Wilkinson; that she had been visiting the maid the day before, and took it out of the kitchen.

Prisoner's Defence.

I never was guilty of the like before, and was ashamed to let my friends know of it.

Guilty 10 d . W .

681 (M) JAMES WRIGHT was indicted for stealing one pewter mug plated with silver, value 30 s. the property of Thomas Bruges , August 9 . *

Acquitted .

682. (M) MARY TRUEBRIDGE , spinster , was indicted for stealing seven guineas, the property of William Francis , in his dweling house , August 15 . ++

William Francis . The prisoner was employed in my house to do odd things ; she lay in the barn; she was permitted access to the house; I missed this money on the 15th of August, out of a purse in my chamber; the prisoner was missing at the same time, and my suspicions fell on her; I pursued her, and found her at the Nag's head in Tothill-street; I taxed her with it, and she produced the purse in which the money was kept; it had a small hole in the bottom of it by which I knew it; I have not got any of my money again; she said she went to a house and some people robbed her of five guineas and a half, a quarter of a guinea, and a half crown; she said she thought the devil possessed her.

Richard Cades confirmed the evidence; repeating her confession.

She said nothing in her defence.

Guilty . Death .

683. (M) THOMAS BURLING was indicted for stealing a pair of silver shoe-buckles, value 10 s. a man's hat, value 2 s. and a cloth coat, value 5 s. the property of Christopher Davis , August 18 . ++

Ann Davis . My husband, Christopher Davis , is a ballast man ; we suffered the prisoner to be in our house till he could get a birth; we missed the things mentioned in the indictment; we suspected the prisoner, and took him before the justice; there he confessed that he had robbed us, and had sold the buckles for 11 s. 6 d. and he gave us a direction to the pawnbroker where he had pledged them; there we found them.

Mary Robinson , a pawnbroker, produced a coat and hat, which were pledged with her by the prisoner. (They were deposed to by the prosecutor.)

The Prisoner in his defence said, they were given him by one Dixon.

Guilty .

[Transportation. See summary.]

684. (M.) WILLIAM GIBSON was indicted for stealing twenty-five guineas, a silver dollar, value 4 s. 6 d. a half dollar, value 2 s. 3 d. another piece of foreign silver coin, value 5 s. another, value 2 s. three other pieces called rupees, value 6 s. a silver watch, value 20 s. a pair of silver knee-buckles, value 3 s. a moco stone ring, with garnets, set in gold, value 4 s. and garnet breast buckle set in gold, value 3 s. and a pair of silk and thread stockings, value 1 s. the property of Antonio Deer , August 2 . ++

Antonio Deer . I was cook of the Loval Briton ; she is just returned from the West-Indies; I am a West Indian; the ship lay at Bell wharf ; I lost the things mentioned the in indictment out of my chest. The prisoner was cooper of the ship; he had given me eight shillings to put in my chest for him, which I did; I found him one day at my chest; he pretended to be only looking at the things: when the prisoner was taken up, I found my stockings and knee-buckles in his pocket.

David Coombe . The prisoner came to me on the 2d of August, I live some considerable way from where the ship lies; he delivered to me twenty-four guineas, and seven pieces of foreign silver, a watch, a breast-buckle and a ring, and desired me to lay them up till he called for them. I knew him to be a young man that behaved well, therefore did not suspect that they were not his own. I was absent on Sunday at a place of worship; the chest was broke open by some people that came from Justice Sherwood's, and every thing was taken out.

Archibald M'Nabb, one of Justice Sherwood's men, deposed that when the prisoner was taken up, he took them to the place; that they waited two hours, and Coombe not coming home, he broke the chest open, and took out the things, and put the money in his pocket without examining it; that he took the prisoner immediately to a public-house; that then he looked at the money and found there was but twenty guineas, and seven pieces of silver; that then the prosecutor had received ten guineas, and he produced the other ten in court, and the buckles and seven pieces of silver, (which were deposed to by the prosecutor.) +

+ The court ordered M'Nabb to pay the prosecutor four guineas, which were so strangely melted.

- Farrel confirmed this evidence.

The Prisoner in his defence said, that he took the things away in order to secure them for the prosecutor, as the chest was unlocked, and there were some common women on board the ship.

He called the captain and mate of the ship, who gave him a good character.

Guilty . B .

685. (M.) WILLIAM JOHNSON was indicted for ripping and stealing seventy-three lb. of lead, the said lead being affixed to a certain empty house, the property of John Read , September 5 . *

John Read , who keeps the Kings Arms in High-Holborn , deposed that he lost some lead from his house, which was repairing.

- Murray deposed that he stopped the prisoner in High-Holborn, about three o'clock in the morning of the 5th of September with seventy three lb. of lead on his back; that he gave an indifferent account how he came by it, upon which he secured him.

Richard Holmes confirmed this evidence.

James Mansfield , who was employed in repairing the Prosecutor's house, deposed that the lead fitted the place on the prosecutor's house from whence the lead had been stolen.

The Prisoner, in his defence, called one witness, who gave him a good character.

Guilty . T .

686. (L.) JOHN DAVIS was indicted for marrying Mary Stokes , his former wife being then living .

The prosecutrix did not appear. Acquitted .

687. (M.) MARY ANDREWS , spinster , was indicted for breaking and entering the dwelling-house of Joseph Hiscox , Esq ; on the 30th of July , about the hour of one in the night, and stealing two blue silk damask window curtains, value 4 l. two blue-and-white stuff-bags, value 4 s. three crimson silk-and-worsted damask window-curtains, value 40 s. one pair of Holland sheets, value . two cloth waistcoats, value 20 s. one pair of cloth breeches, value 5 s. four pair of black silk stockings, value 15 s. one rose-wood German flute, value 10 s. and a silver seal, with an ivory handle, value 1 s. the property of the said Joseph in his dwelling-house .

Mr. Joseph Hiscox . I live in Thrift-street, Soho ; I went out of town the latter-end of June; I returned the 6th of August; the back-parlour, in which I had a scrutore, was broke open; some violence had been used to break the lock: the door, at the side of the lock, was cut away; the door stood [what the workmen call] on a bevel; I do not recollect any mark of violence upon the lock; I am sure it was locked when I went away. The table was turned bottom upwards and broke, and the contents were gone, and I missed the things mentioned in the indicment. (Repeating them.)

Mrs. Elizabeth Hiscox deposed that a blue damask gown, which was produced by Joseph Fleming, was made out of her blue silk damask window curtains; she pointed out several marks of the damask, by which she know it.

Joseph Fleming deposed that the prisoner offered to pawn with him the gown he had produced; that having seen an advertisement of the goods stolen from Mr. Hiscox, he suspected her, and stopped her.

Samuel Jones , the upholder who made up the curtains, deposed to the gown's being made out of the curtains.

The prisoner, in her defence, said she had the gown nine years. She called no witnesses.

Guilty of stealing only . T .

688. (M.) RICHARD FOTTERELL was indicted for that he on the king's highway on Philip Metcalf did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a watch with a gold enamelled case, value 18 l. a gold watch chain, value 40 s. a watch key and three seals, value 20 s. and four guineas and 10 s. in money, the property of the said Philip , October 11 .

Acquitted .

989. (M.) JANE BLAKE , spinster , and ELIZABETH BOND otherwise DRAPER , widow , were indicted for stealing thirteen yards of muslin, value 4 l. a silver pint mug, value 3 l. a coral set in silver, value 20 s. and a metal etwee with trinkets, value 10 s. the property of Margery Male , widow , August 11 . ++

Blake, Guilty . T .

Bond alias Draper, Acquitted .

680. (M.) EDWARD M'DONALD was indicted for stealing a cotten handkerchief, value 10 d. the property of Thomas Oakley , September 2 .

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

691. (L.) SUSANNA OWEN , spinster , was indicted for stealing a piece of black joining lace, value 15 s. a pair of black worsted stockings, value 3 s. one bunch of garnets, value 2 s. the property of George Peacoke , and one linen shirt, value 5 s. and one linen handkerchief, value 6 d. the property of John White , July 11 .

Acquitted .

692. (L.) LAURENCE NEAL was indicted for wilful and corrupt perjury . ++

Acquitted .

693. (L.) HUGH GRIFFITH was indicted for wilful and corrupt perjury . ++

Acquitted .

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

Received Sentence of Death, 16.

John While , to be drawn on a hurdle to the place of execution, Benjamin Rogers, John Leary , Lewis Williams , Authur Byrne, John Jones , John Sunderland , John Browning , Mary Truebridge , Isaac Poulton , Edward Burton , George Kem alias Butcher, Benjamin Johnson , John Chapman , Ann Silve r, John Creamer .

Transportation for fourteen years, 4.

Benjamin Blackbourne , Sarah Davis , Solomon Levi , Elizabeth Jolland .

Transportation for seven years, 42.

William Rowe , Alice Walker , Charles Wall, Jane Blake , William Porter , Martha Harrad , Thomas Pratt , Joseph Brown , Thomas Lukner , William Risdell , Richard Roberts , Michael Ladlow , Eleanor M'Kensie, Henry Colman , Abraham Simons , William Jones , Mary Andrews , William Bonniface , Mary Molton , Thomas Davis , Francis Nickson , Elizabeth Woods , Catherine Conally , John Wood , Elizabeth Greenwood , John Farrel , Richard Stint , Mary Spencer , Mary Servant , Richard Holmes , Francis Grayby , Samuel Rhodes , Aen Wye, Simon Simons , Aaron Solomons , Thomas Barling , William Parker , John Jolland , Elizabeth Hicks , James Fitzgerald , David Hadley , William Johnson .

Branded, 4.

George Kurbett , Charles Riley , William Gibson, Catherine Conolly.

John Fleming branded and imprisoned six months in Newgate.

Sentence was respited on Arabella Butler .

TRIALS at LAW, PLEADINGS, DEBATES, &c.

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

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