Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 17 April 2014), January 1773 (17730113).

Old Bailey Proceedings, 13th January 1773.

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 13th, Thursday the 14th, Friday the 15th, Saturday the 16th, Monday the 18th, Tuesday the 19th, and Wednesday the 20th of JANUARY, 1773.

In the Thirteenth Year of His MAJESTY's Reign. Being the, Second SESSION in the MAYORALTY of The Right Honourable James Townsend , Esq. LORD-MAYOR of the CITY of LONDON.



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



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

BEFORE the Right Honourable JAMES TOWNSEND , Esquire, Lord Mayor of the City of London; the Honourable EDWARD WILLES , Esq. one of the Justices of his Majesty's Court of King's Bench *; the Honourable Sir WILLIAM BLACKSTONE , Knt. one of the Justices of his Majesty's Court of Common Pleas +; Mr. Serjeant GLYNN, Recorder ++; THOMAS NUGERT , Esq; Common Serjeant ~, 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.

The *, +, ++ and ~, refer to the Judges by whom the Prisoners were tried.

(L.) First London Jury.

(2d. L.) Second London Jury.

(M.) Middlesex Jury.

First London Jury.

John Jacobs

Joseph Clay

William Foxwell

Thomas White

Jonathan Robson

Robert Edwards

Charles Hougham

George Browne

John Carter

John Reeves

Robert Smith

James Young

Second London Jury.

William Welch

William Heathfield

Thomas Clarke

Samuel Phane

Joseph Hurt

Charles Moore

John Bowman

William Roderick

John Evans

James Johnson

Benjamin Dewen

Samuel Buxton

Middlesex Jury.

Henry Adkins

Thomas Lovett

William Wilkinson

John Braithwaite

Nathaniel Morgan

Richard Wall

Lawrence D'Rippe

John Phillips

John Pearson

Daniel Hardy

Francis Carter

Richard Marshall

David Fontaine served part of the time in the stead of Richard Wall.

163. (M.) MATTHEW DOYLE was indicted for that he on the king's highway, on Lewis Hern did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a watch with a base metal case, value 40 s. a chain, value 2 d. and two guineas and nine shillings in money, numbered, the property of the said Lewis , Dec. 29 . +

Lewis Hern . I belong to the Assay-office in Goldsmith's-hall. On the 29th of December, about half after six, I was going with some company in a hackney coach to Islington ; the company in the coach were Mr. and Mrs. Bell, and a Mr. Barkwith who is not here; as the coach was driving very slow between the New River and the turnpike, on a sudden both doors of the coach were opened by somebody from without in one and the same instant; the windows of the coach were up, which being boarded made it quite dark, but opening the doors let in light upon us; immediately upon opening the doors a pistol was presented to Mr. Bell, who sat opposite to me: I sat with my back to the horses and my left hand to the door; the man said to me

"Come sir, come sir!" I cannot swear to the man, but I observed the pistol; it was remarkable having a long screw barrel; I described it at Sir John Fielding 's, and there was a pistol afterwards produced that answered that description. While the highwayman was engaged with Mr. Bell, I endeavoured to conceal my watch, which he saw; he turned short round upon me, snatched the chain, and took my watch; then he turned round to Mr. Bell and finished his robbery; what he took from him I cannot say; he was near five minutes about it, and he thrust half his body into the coach. When he had done with Mr. Bell, he turned round to me, and said,

"Now, sir, for you, now let me have your money;" he took from me two guineas and some silver; I cannot remember the exact sum; he appeared to have a great coat on; I was much alarmed; I kept my eye upon the pistol, which was brought pretty near my mouth at one time.

William Bell . I was in the coach with Mr. Hern at the time the robbery was committed. There is another indictment for the robbery on me.

Court. You must not speak to your own robbery now.

Bell. All the time the man was in the coach I kept my eyes steadily upon his countenance, and I am very sure the prisoner is the man.

Q. What sort of a night was it?

Bell. It was a clear evening, and there was a little moon; it was about a quarter after six; there was light let into the coach by opening both doors.

Q. Did you observe any part of his dress?

Bell. I am not certain to any part of his dress; I am very certain to his face; I kept my attention to his face only.

Jacob Edwards . I am a watchman; I heard the shriek of a woman in Islington-road; I went to the place and found the prisoner and Mr. Taylor upon the ground, about half after ten; I came and took the pistol from the prisoner; but that is not the pistol sworn to by Mr. Hern. I carried him to the watch-house.

Richard Maber . I was on the 27th of December at the White Bear in St. John-street; hearing a cry of, murder! in the street, my brother and I went out to take the prisoner; we secured him and searched him, and in his left pocket we found this watch (producing it.) The prisoner said

"Do you intend to rob me of my watch? I have earned it by hard labor."

Hern. This is the watch I was robbed of that evening.

Maber. Upon further searching him I found a pistol bullet and flint, and some money, also the rammer of a pistol, and some loose gun powder in his pocket (producing them). He was much in liquor when he was apprehended.

- Taylor. I was attacked by the prisoner, and I secured him.

Prisoner's Defence.

I was very much in liquor; I could have brought people to prove that I was drinking at another place from four till ten o'clock, but my witnesses are not here.

Guilty . Death .

164, 165. (M.) CHRISTOPHER LAWLESS and THOMAS PLUNKETT were indicted for that they on the king's highway, on Samuel Payne , did make an assault putting him in corporal fear and danger of his life, and stealing from his person a silver watch, value 40 s. and two guineas the property of the said Samuel , Nov. 1 . *

Acquitted .

166. (M.) JOHN RADFORD was indicted for that he on the king's highway, on Sarah Williams , spinster , did make an assault, putting her in corporal fear and danger of her life, and stealing from her person a silk cardinal, value 5 s. a silk bonnet, value 1 s. a linen handkerchief, value 1 s. a green silk and silver purse, value 6 d. and a guinea, the property of the said Sarah , Dec. 2d . *

Acquitted .

167. (M.) He was a second time indicted, together with CHRISTOPHER MOXHAM , for stealing a wooden drawer, value 10 d. 60 halfpence, a half guinea, a counterfeit shilling, a counterfeit 6 s. 9 d. piece, and a pocket yard, value 1 s. the property of Millisen Fenn , Dec. 24th . *

Millisen Fenn. I live in great Earl-street , and keep a chandler's shop ; my till was stole out of my shop on Christmas Eve, between nine and ten o'clock; it contained a half guinea a counterfeit 6 s. 9 d. a bad shilling, and a pocket yard. I heard the bell of the shop door; I went into the shop directly; I missed my till and found a lamp I kept burning on the counter thrown down.

John Tubb . I am a constable: I was sent out by the rotation office to take up several suspected persons. I took up the prisoner between nine and ten at night in St. Martin's court, about a quarter of a mile from Mrs. Fenn's with this till upon him, and half a guinea, a counterfeit 6 s. 9 d. a bad shilling, and a pocket yard; I tried the till, and it exactly fitted the place in the prosecutrix's shop where her till was taken from.

Ratford's Defence.

I went to ease myself in St. Martin's court, and stooping down I found this till.

He called two witnesses who gave him a good character.

RATFORD guilty . T .

MOXHAM acquitted .

168, 169. (M.) MARY CASSOY , spinster , and MARY HAGAN , spinster , were indicted for stealing a silk handkerchief, value 4 s. and 3 s. in money, numbered , the property of James Fletcher , Dec. 14 +

James Fletcher . I am a journeyman baker . On the 14th of last month, I went down to Salt Peter-bank, hearing there were some glass houses there, to enquire for any person that worked in a glass house, having a curiosity to see glass blown. I met with Mary Cassoy ; I told her what I was seeking for; she said her husband was a glass-blower, and she would take me to her house, in order that her husband might shew me; I went with her; she carried me up into a room, where I expected to see him, but instead of that, she fastened the door upon me, twitched me upon the bed, and swore a great oath I should be concerned with her.

Q. And had you been talking to her upon no other subject but glass-blowing?

Fletcher. No.

Q. Had no familiar conversation passed between you?

Fletcher. No, none at all; I refused to have any thing to do with her; upon that she opened the door and called Hagan; Cassoy then threw herself upon me, and took my money out of my pocket, and Hagan took off my handkerchief, then they both ran down stairs: I followed them but could not catch them; I informed the neighbours of it, and they were taken soon after.

The Prisoners in their defence denied the charge, but called no witnesses.

Both guilty . T .

170. (M.) ROBERT LEWIS was indicted for stealing a watch with a base metal case, value 30 s. the property of Ann Webster , spinster , Dec. 31 . +

Acquitted .

171. (M.) CORNELIUS O'CONNER was indicted for stealing a horse whip, value 5 s. the property of Ann Johnson , widow , Sept. 14 . +

John Ryford . I came to London on the 14th of September to sell two loads of hay; I went to a public house after I had sold it; I fell in company with a coachman; the prisoner came up, and said I had got a pair of good leather breeches on, and asked me if I would sell them; I told him I would not; he drank his beer and went out; I missed my whip immediately: it was the property of my Aunt, Ann Johnson : when the prisoner was taken he confessed he stole it and had pawned it for 5 s. 3 d. and he would not give it me without I gave him the 5 s. 3 d. the woman of the public house where we took him said he had not pawned it and bid him give it me; he would not, and she went and fetched it me.

The prisoner in his defence denied the charge.

Guilty 10 d. W .

171. (L.) THOMAS SUMNERS was indicted for stealing 17 lb. of diaper, value 16 s. the property of Humphry Jones and Isaac Clarke , and a linen table cloth, value 7 s. and two pair of thread stockings, value 3 s. the property of Daniel Clarke , Dec. 19 . ~

Isaac Clarke . The prisoner was a porter to our house; I am in partnership with Mr. Jones; we had long suspected the prisoner; I sent for Mr. Holmes the constable, and we searched the prisoner's box; there we found a piece of russia diaper containing 17 ells and a half, that was the property of my partner and me. I also saw these callico shirts taken out of his box, and two thread stockings, which belonged to Mr. Daniel Clarke . (The goods produced and deposed to by the different prosecutors.)

John Holmes and John Darby confirmed this evidence.

The prisoner said nothing in his defence.

Guilty . T .

172. (L.) MARGARET READ , spinster , otherwise MARGARET, the wife of Thomas Sumner , was indicted for stealing a piece of linen cloth, value 30 s. the property of Humphry Jones and Isaac Clarke , and two pair of thread stockings, value 3 s. three beaver hoods, value 9 l. and a sattin waistcoat, value 20 s. the property of Daniel Clarke , Dec. 19 . ~

Isaac Clarke . The prisoner was cook maid in our family; she was more particularly servant to Mr. Jones who is the house-keeper. When I searched Sumner's box, I entertained a suspicion of the prisoner; I thought there was a good deal of intimacy between them; I got the constable to search her box, and there we found the things mentioned in the indictment, (which were produced and deposed to by the different prosecutor.)

John Holmes the constable deposed that he assisted in searching the prisoner's box, where they found the things that were produced.

The prisoner, in her defence, called a witness, who deposed that Sumner told her a fortnight before the prisoner was taken up, that he was married to her, she called another witness who gave her a good character.

Guilty . T .

173. (M.) THOMAS ROADS was indicted for stealing a pair of silver shoe buckles, value 15 s. the property of William Evans , Dec. 22 . ++

William Evans . On Tuesday the 22d of December, I was called by my daughter, when my young man ( Francis Drake ) told me he missed a pair of silver buckles; he charged the prisoner with taking them; he denied it; I told my young man to fetch a constable, upon which the prisoner took my buckles out of his pocket (produced and deposed to by the prosecutor.)

Francis Drake . The prisoner came to my master's shop, and desired to see some new buckles; I took out a drawer of new buckles; I turned my head, and immediately I missed this pair of silver buckles; I sent my master's daughter to call her father, who came down, and upon my being ordered to go for a constable, the prisoner took the buckles out of his pocket.

Prisoner's Defence.

I wanted to change a pair of buckles for these; I had them only in my hand.

William Evans . His own buckles were very good ones: he had not money enough to pay the difference.

Francis Drake . These are not the buckles he was cheapening but another pair.

Guilty . T .

174. (L.) TIMOTHY COLLINS was indicted for ripping, cutting, and stealing 50 lb. of lead, value 5 s. the said lead being affixed to a dwelling house the property of George Rutt , Sept. 16 . ++

Thomas Roiley . As I was going home to Cow-cross I saw the prisoner run across the way; as he had something upon him, I suspected him, I watched him, and saw him rest it upon a pump; I asked him what he had got, he threatened to knock me down: I collared him, upon which he threw down his lead, and attempted to get away; but I hindered him; I called the constable, and gave him charge of the prisoner; then he said he bought it at Cow-cross for half a gallon of beer.

James Lucas . I work for Mr. Rutt. I happened to be going by at this time, and suspecting the lead to be Mr. Rutt's, I sent my brother to examine Mr. Rutt's buildings.

John Lucas . I am brother to the last witness; I took the lead by my brother's desire to the house of Mr. Rutt; it exactly fitted the place from whence some lead had been stolen.

George Hadley the constable confirmed the evidence of Thomas Roiley .

Mr. George Rutt . I am sure from many circumstances this is my lead.

The prisoner said nothing in his defence.

Guilty . T .

175. (M.) JOHN WHITE was indicted for stealing a silver watch, value 40 s. the property of Charles Petrie , Nov. 13 . *

Charles Petrie . I am a gardener , I employed the prisoner to work for me about three months; having occasion to remove he assisted me; I missed my watch which hung at the head of my bed. When the prisoner was taken up, he confessed he had stole it, and directed us to Mr. Benson with whom he had left it.

George Benson . I am a watchmaker: the prisoner brought this watch to me (producing it) about the 14th of December, to repair; the dial plate was broke. On the 20th the prosecutor and the constable came to my house for the watch.

Prisoner's Defence.

I found it in the room amongst some dirt; I intended to have got it mended, and then to have returned it to the owner.

Guilty . T .

176. (M.) JOSEPH OSBORN was indicted for breaking and entering the dwelling house of William Nash , on the 25th of November about the hour of three in the night, and stealing a pair of linen sheets, value 10 s. a reading glass, value 1 s. three pair of leather shoes, value 3 s. a cloth coat, value 5 s. a cloth waistcoat, value 3 s. two pair of silk stockings, value 4 s. four pillow cases, value 4 s. one yard of muslin, value 1 s. three silver tea spoons, value 3 s. one silver coffee pot, value 5 l. two iron keys, value 2 d. one linen handkerchief, value 1 s. and eleven muslin neckcloths, value 11 s. the property of the said William in his dwelling house . *

William Nash . I live at Teddington ; I came to town about the 24th of November, in the afternoon; the next day after I was gone to town I received a message that my house was broke open: I left in the house my maid servant.

When I came down I saw several locks broke open; I judged from the manner of the robbery it must be somebody that knew the house; they got in at the stair-case window; there are no shutters it being a very large window, but a scrole iron work to prevent any body getting in; they got a ladder and wrenched the scrole iron work, and so got in; the smith had put it in the same form again when I returned. I lost the things mentioned in the indictment (repeating them.)

Q. Do you know any thing of the prisoner?

Nash. I did not know him. The maid lay out; there was nobody in the house that night. I went to the pawnbroker's at Kingston to give them an account of what I lost; about two hours after that Mr. Hutchins came, and informed me the goods had been offered him.

Thomas Hutchins . The prisoner brought this neckcloth to me on the 27th of November in order to pawn it. I stopt it, and the prisoner ran away. (Produced and deposed to by the prosecutor.)

Richard Collsell . I am a constable: Mr. Nash sent for me, and gave me charge of the prisoner. I found upon him a reading glass, two keys, and a handkerchief, which Mr. Nash swore to; Mr. Nash pressed him to confess whether he committed the fact or no; he said if the company would quit the room perhaps he would be more open in his confession; he then desired the company to quit the room; then he said he bent the irons at that window and so got into the house; he said he hid the coffee pot in some furzes, and there I found it; he said he sent a holland sheet to Hounslow, directed to be sent to Plymouth, and put in a box; I went to Hounslow according to his directions, and there I found the Holland sheet. The prisoner confessed that John Bunely , who had formerly lived with the prosecutor, was concerned with him.

Prisoner's Defence.

I found these things.

Guilty of stealing only . T .

177, 178. (M.) JAMES MARTIN and JOHN RADFORD were indicted for stealing two pair of womens shoes, value 2 s. the property of Daniel Beard , Nov. 30 . +

- Beard. I am the wife of Daniel Beard , who lives in Swallow-street, and keeps a shoe warehouse . There was a pane of glass in the shop window broke some time before this.

Peter Peale . I am a pawnbroker; my man who has left me took in these shoes on the 22d of December; they were pledged in the name of Leonard Thompson .

Leonard Thompson . Jones the accomplice, and Martin gave me these shoes to pawn; I pawned them at Mr. Peale's.

William Jones , the accomplice, deposed, that the prisoners and he stole the shoes out at the broken pane in the prosecutor's window, and that they gave them to Thompson to pawn.

Martin called one witness who gave him a good character.

MARTIN guilty 10 d.

RADFORD acquitted .

See No. 166.

[Whipping. See summary.]

180, 181. (M.) PHILIP DOUGHTY and WILLIAM HARRIS were indicted for stealing 50 lb. of beef , the property of Robert Coley , Dec. 19th . ++

Robert Coley . I am a butcher : on the 19th of December last I lost some beef from my stall; I found it at Hannah Fletcher 's. I saw it between five and six o'clock.

Hannah Fletcher . Harrison came to my house and asked me to buy some beef; Doughty came in soon after with the beef upon his shoulder: they asked so low a price that raised my suspicion; I sent to enquire about the neighbourhood, in consequence of which Mr. Coley came and claimed the beef.

Doughty's Defence.

I met a man who asked me to carry the beef for him: Harrison is quite innocent.

Both guilty .

[Branding. See summary.]

[Imprisonment. See summary.]

182. (M.) EDWARD HUNT was indicted for stealing a truss of hay, value 2 s. the property of John Thacker , and another truss of hay, value 2 s. the property of Edward Ewer , Dec. 30 . ++

John Linner . I keep a stable-yard at Paddington, adjoining to the Green Man. Mr. Ewer is a farmer : my teem was in his stable-yard. His man informed me that some of his master's hay had been stolen; I went out and met the prisoner; suspecting him I told him I was going to search for a thief; I asked him to go with me; he said he would; I followed him home to his house, and I found the hay in his stable; upon charging him with the stealing it, he acknowledged it, and asked my pardon.

Joseph Leach confirmed this evidence.

The prisoner called two witnesses, who gave him a good character.

Guilty 10 d. T .

183. (M.) CATHERINE GREGORY , spinster , was indicted for stealing a black crape gown, value 4 s. a silk hat, value 6 d. a pair of women's leather shoes, value 10 d. and a pair of black shoe buckles, value 1 d. the property of David Monro , Dec. 19 . +

David Monro . I lodge in Short's Gardens, Drury-lane ; the prisoner came to my room to enquire for some person; my wife, who knew something of her, permitted her to wash some linen in our room. I went out; the prisoner came to call me to my wife, who was taken very ill; I went home; I found my wife in bed, and the things mentioned in the indictment were lying by the side of the bed upon the ground. I spoke to my wife and then went out again; when I returned the prisoner was gone, and had stole my wife's clothes. I went in search of her; I found her, and charged a constable with her; she had the buckles and handkerchief upon her, and she told me she had sold the gown to Ann Maguire , and the shoes to Anthony Gatell . I went to each of them and found them.

Esther Monro , the prosecutor's wife, deposed, that the prisoner left her with a pretence to fetch something; that she never returned, and that she missed her clothes soon after the prisoner went out.

Ann Maguire produced the gown, and Anthony Gatell the shoes, which were deposed to by the prosecutor.

The prisoner said nothing in her defence.

Guilty . T .

184. (M.) DENNIS SULLIVAN was indicted for stealing a cane with a gold head, value 3 l. the property of Edward Clark , Dec. 13 . ++

John Gaul . I was in company with Mr. Clarke, on Sunday the 13th of December, as we were walking in King-street, Soho , we were set upon by a great number of people; we were greatly hurt and bruised, and Mr. Clark lost a gold headed cane. (The upper part of the cane with the head produced.)

Gaul. I believe this to be Mr. Clark's; it has his cypher E. C.

Frances Solomon. The prisoner brought the head of a cane about five weeks ago to me; I stopt it and applied to Sir John Fielding .

Stephen Stratford . I was passing along King-street, Soho, about nine o'clock on the 13th of December; there was a fray; I saw the prisoner knock Mr. Clark down; it was near a lamp, and I am positive the prisoner was the man.

John Thompson . I engraved this cypher upon this head for Mr. Allen.

- Allen. I sold this head to Mr. Clark; the last witness engraved Mr. Clark's cypher on it.

Prisoner's Defence.

I found both parts of the cane broke in the street.

James Bryan . I went to the Bull's-head in King-street, about Sunday five weeks; I saw the prisoner there; we drank two pots of beer together; we did not go out of the house till ten or eleven o'clock; I was going to my lodgings in St. Giles's; as the prisoner and I had got about thirty yards in King-street, he took up a piece of a broken cane with a head to it. I cannot say whether this is it or not.

James Barry . I came from a public house in King-street; I was going to my lodgings in Newton's-lane; I saw the prisoner take up part of a broken cane.

Walter Williams . I live in Dean-street, Soho; I saw Mr. Clark and another gentleman in the Round-house; they were taken there being charged by James Jarvis with committing an assault upon him.

James Jarvis . Mr. Gaul knocked me down with a cane without my giving him any kind of provocation.

Charles Emery . I saw this scuffle; I was standing at the door of the Bull's-head; I am positive the prisoner was all this time at the Bull's-head.

Guilty . T .

185, 186. (M.) SAMUEL DEAN and WILLIAM BRANNON were indicted for breaking and entering the dwelling house of John Vaux , on the 5th of January , about the hour of four in the afternoon, and stealing two linen child's frocks, value 2 s. five linen jams, value 4 s. six linen shirts, value 3 s. two linen gowns, value 2 s. one linen shift, value 1 s. one linen gown, value 2 s. one silk gown; value 3 s. one black quilt and a stuff petticoat, value 1 s. and one scarlet cloth cardinal trimmed with fir, value 1 s. the property of the said John in his dwelling house . ++

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

John Vaux . I am a weaver , and live at the corner of Gun-street . I lost the things mentioned in the indictment (repeating them) out of a little room adjoining to Gun-street; I found the window open between four and five o'clock in the afternoon, and the drawers gone in which they were.

Ann Vaux . I am the wife of the last witness. On the 5th of January, about four o'clock in the afternoon, a man that came by told us our window was open, and that there were two men in the room; we went into the room and found five drawers were taken out, and the whole place stript. A Jew came the Friday following and gave information of them.

Mr. Joshua Tinsdale , the city marshal. One Levi Ashur came to my Lord Mayor and gave an information of this robbery, and that he had sold the goods to Elizabeth Cumberford and Mary Adget . I received these goods from them (producing them.)

Mrs. Vaux. These are all my husband's property.

Levi Ashur . The two prisoners brought these things up to my room last Tuesday was week; they bid me sell them off as quick as I could because they did not come far off, and they would give me a shilling in every crown for selling them; I sold the goods for them; I gave the money to Brannon and he ran away with it, and never stopt to give me any thing: I sold them to two women in Field-lane. These are the things that are produced.

Elizabeth Cumberford . I live in Field-lane. I bought a red cloak, two gowns, two petticoats, and two or three little jams, of Levi Ashur , on Twelfth-day. I delivered them to Mr. Tinsdale.

Mary Adget . I live in Field-lane. I bought several of these (pointing them out) of Levi Ashur . Mr. Tinsdale had them of me.

Mary Cragget . I live with Levi Ashur . Samuel Dean brought the small things to him between four and five o'clock in the afternoon. I was at home by myself; he came again and then Brannon came with him.

Dean's Defence.

I am entirely innocent. The city marshal charged me with having stole the clothes I had upon my back; I shewed him the persons of whom I bought them.

Mr. Tinsdale. As the prisoner has mentioned that, it may be proper to observe we went to the persons, and they said he had bought some clothes and stole others; we had witnesses to prove where we were at the time, but they are not here.

Brannon's Defence.

I went up into his room soon after I was out of trouble before. If my witnesses were here I could prove where I was at the time.

Both Guilty . Death .

187, 188. (M.) SAMUEL MALE otherwise MAY , and JAMES WILSON were indicted for that they on the king's highway, on Mary the wife of Charles Grignion did make an assault, putting her in corporal fear and danger of her life, and stealing from her person five shillings in money, numbered, the property of the said Charles , Jan. 7 . *

Mary Grignion . I was in the Hampstead stage on the 7th of January, in the evening, a little before six o'clock; there was in the same coach Mr. Mackey, Mr. Park, Mr. Curtis, and I think in all six persons, besides a child; we were robbed by three persons in company together; the coach stopt, and one of the men opened the door, with a large pistol in his hand. (A pistol shewn the witness.)

Grignion. It was such a pistol as that, but it was brighter at the time, and he said, Your money!

Q. I suppose you was frightened at that?

Grignion. No, I had been robbed so often lately that I was not frightened at the time. I flung my money into his hat; I cannot tell how much; there was another man just at the side of the person, that put a pistol into the coach; I said take your pistol away and I will give you my money. As far as I could discern his countenance at night, I believe Samuel Male was the man that put the pistol into the coach. I had seen him once before, in the July preceeding, at Sir John Fielding's, when I went there to enquire after a watch I had been robbed of.

Gilbert Park. I was one of the passengers in the coach; it was stopped by three foot-pads; two opened the door, and bid us deliver; one put in a pistol, the other a cutlass; I saw Mrs. Grignion give one of them some money; I believe Humphreys was the man who stood on my side the coach and robbed me; I believe he had a pistol, but he behaved very civilly, and when I desired him, he put his pistol away, and took my money very civilly.

Daniel Macky . Two men came to my side and demanded our money and watches; having never been robbed before I was confoundedly frightened. Mrs. Grignion put some money into his hat; I cannot swear to either of them as it was a foggy evening.

Patrick Nowland . Last Thursday se'ennight, at half past five, I saw the prisoner and Humphreys at the Castle in Kentish town, in a box; about five in the evening; I suspected them then; I went there with Joyce, a farrier; we got into the box and began talking of a robbery committed the night before; upon which the three people quitted the box immediately; the two prisoners and Humphreys. I suspected them to be dishonest persons upon seeing them start up on this conversation with respect to the robbery; I looked into the mug out of which they were drinking and found a good deal of liquor left; that confirmed my suspicion that they were in a hurry to get away or they would not have left part of their liquor. In about twenty minutes after they went out of the house I heard of this robbery.

John Joyce . I was in company with Nowland; I saw them in the box; I conversed with Nowland about the robbery the night before; Humphreys got out immediately and said he would wait for them at the door; then the other two drank twice and went out, but they did not stay but about a minute after Humphreys went out; I went and looked into the mug; it was a quart mug; there was rather more than half a pint of beer left. I heard of this robbery in about twenty minutes after; I am sure Male is one of those persons, because I observed a hole in his cheek.

Samuel Vaughan . I am the landlord of the Castle. Three young men were sitting in the box that evening; they had a quart of beer and a paper of tobacco; just after dusk they went out, at the relation of the robbery committed the night before. I did not observe their persons so as to be able to swear to them.

Joyce again. After they were gone I mentioned the man with the hole in his cheek; I said I should know him again whenever I saw him.

- Vaughan. I remember Joyce's making use of that expression.

John Merriman . As I was coming from London with the patrole, between seven and eight on the Saturday night following, I heard a cry of, stop thief! I went over the bank on the London side; then I saw Male and Humphreys coming down the field as coming a-cross the road from Hampstead; I said aloud these are the men that they are pursuing; upon my saying that they turned back, going toward Hampstead again; I said somebody follow them; upon which they came very quietly back to the place where they surrendered and were took; Sir John Fielding 's men were in pursuit of them; they came down to them and examined them, but found nothing upon them but some money.

James Branger . I live at Kentish town. I was carrying a bundle and was before the patrole on Saturday night; I heard the cry of stop thief, and saw a man coming over the field, which proved to be the prisoner, James Wilson ; there were some gentlemen before and some close to me; Wilson jumped down the bank; I asked him where he was going; he said about his business; then I stopt him and desired the gentlemen to take care of my bundle, in order to know who was in pursuit of him, still holding him in my hand; then I met Halliburton and Bond in pursuit of these people. Wilson was searched, but there was not any thing found upon him.

John Clark . There was an information made on Thursday se'ennight at Sir John Fielding's office, about eight or nine at night, of a robbery committed that night upon the Kentish town road; next night three men were sent from Sir John's to wait at the back of Battlebridge turnpike, in order to see if there was any thing stirring of these people on the road; nothing occurred that night; the same method was pursued the next night at Battlebridge turnpike, which commanded several different roads; I, Halliburton and Taylor were posted at Battle-bridge turnpike; about seven an information was received at Sir John's, that a coach had been robbed by two men on the Hampstead road; upon that Mr. Bond and Jennings came immediately to us in a coach, and informed us of the account they had received; we all got into the coach and went along near Fig lane, in hopes of being stopt; we got into the Hampstead road near the mile stone; we saw two men come by on my side, and one man on the other side; I suspected these were the men; I directly opened the coach door and jumped out; upon that the two prisoners and Humphreys took to their heels, and jumped over a gate; they were taken in the manner described by the other witnesses; we found nothing upon them that night, but early next morning, as soon as it was light, having a suspicion they might have dropped some of their weapons; we went to search, and near the gate in some water; I found this pistol (producing it) loaded with a slug, and charged with powder and primed, and about twenty yards farther in the field the men run over, I found this cutlass ( producing it.)

James Humphreys . On Thursday se'ennight the two prisoners and I went to the Castle at Kentish town; we had a pot of beer and a paper of tobacco; we staid there about a quarter of an hour and then went away; I went on hearing the conversation about a robbery I had committed; the other two followed me in about five minutes; I waited at the door; I left the beer for them to pay for. We went down Kentish town, where we robbed a coach. I had at the Castle this cutlass; May had this pistol; Wilson had a hanger; (produced in court) I had it under my coat, putting the point into my pocket; I cannot tell how they concealed the pistol and hanger; Male presented the pistol and stopped the horses; Male opened the coach door; I was on the other side; he took something on the other side of the coach; I heard them desire them to put the pistol away and they would give them the money; we were all concerned in the robbery. After I got over the gate I threw away the cutlass, but Male did not know that I threw it away, nor I did not know that he had thrown the pistol away; but the pistol and cutlass now produced, were the pistol and cutlass we had at that time. The reason why we run away upon Sir John's coach stopping, was, because we knew it very well by the pace: a common stage goes much faster.

Q. How long have the prisoners and you been connected?

Humphreys. Wilson about a month, Male longer,

Male's Defence.

I know nothing of what passed on Thursday night. As I was coming home quietly on Saturday night somebody called, stop thief!

Wilson's Defence.

I was at the Castle in company with these people on Saturday night; we had a pot of beer and a paper of tobacco. I know nothing of what passed afterwards.

For Wilson.

- Brooksbank. I have known Wilson from his childhood; he used to draw beer; since that he has been at sea.

Richard Nailor . I have known Wilson from his birth; he was always an industrious honest man. He was one time waiter at a tavern; afterwards a stone cutter; he has been since at sea; he has since that worked with his father in the stone cutter's business. For some weeks last past his father has not been able to find where he was.

Benjamin Sutton . I have known him eight or nine years; he was a boy under me, as a waiter at the Rainbow tavern, Temple Bar; he lived there four or five months; he always behaved well there; he had always a good character to the present time.

Eleanor Clark . I have known him twenty years; we were brought up as children together; he was a sober industrious lad.

- Manch. I have always known Wilson to have a good character.

Jane Wilson . I have known him eight years; I never knew anything amiss of him before.

Ann Bild . I have known him a great while; he is an honest young man.

John Salter . I have known him five years; I never heard any harm of him; he is a hard working lad.

Q. to Humphreys. What business are you?

Humphreys. A journeyman taylor.

Q. What can you earn a week at your trade?

Humphreys. Fifteen shillings and nine pence.

Both guilty . Death .

(M.) SAMUEL MALE , otherwise MAY, was a second time indicted, for that he on the king's highway, on Robert Cotterell did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a guinea, a half guinea, and a crown piece, the property of the said Robert , Jan 6 ++

Robert Cotterell . I was robbed in a returned pot chaise last Wednesday was week, in the Hampstead road, near the end of Big-lane , two footpads stopt the chaise; they came to the door and obliged me to let down the glass; then they demanded my money; I gave them a guinea, a half guinea, and a crown piece; one of them held a pistol to my breast, which frightened me so much that I made no observation on his person.

John Samuel . I was in the chaise with Mr. Cotterell: the man who put the pistol into the chaise was about the size of the prisoner, but I cannot speak to his person.

John Loran . I am an apprentice to a carpenter. I was behind the chaise when it was stopt by two men; one of them presented a pistol to my breast and demanded my money: it was moon light; I observed the man that demanded my money, and think it was the prisoner at the bar.

James Humphrey . Male and I went out together; we stopt a returned post chaise with two persons in it; I had a cutlass; the prisoner had a pistol; the prisoner put the pistol into the chaise; the boy got down from behind the chaise and attempted to run away; the prisoner run after him; in the mean time I got the money.

Q. How much?

Humphreys. I am not certain; for I lost some part of it as I was running endeavouring to escape.

Q. to Loran. Did you run away?

Loran. Yes, and I was brought back by the man that I take to be the prisoner.

William Halliburton . I took Wilson and the prisoner together; I found a crown piece upon Wilson.

The prisoner said nothing in his defence.

Guilty . Death .

See two very extraordinary trials of Male, No. 556 and 699 in the last mayoralty.

189. (M.) MARGARET CORMANT , spinster , was indicted for stealing three guineas, and a half guinea , the property of Barnaby Tearman , Jan. 5 . ++

Barnaby Tearman . I quitted my service on the 5th of January; I had my wages in my pocket; as I was going to a friend's, about ten o'clock in the evening, I met the prisoner in Drury-lane; she persuaded me to go into a public house with her; she called for a candle, and we went up stairs together; I gave her a shilling for herself, and sixpence for the use of the house; we sat down together; then she said she must go down stairs; another woman soon after came up, but I would not let her come into the room; I felt in my pocket for some money, and immediately missed my gold; I am positive it was in my pocket when I gave the prisoner the 1 s. 6 d.

Prisoner's Defence.

It is all false.

Q. from the Jury. Was you upon the bed together?

Tearman. Yes.

Q. After you gave her the 1 s. 6 d?

Tearman. Yes.

Acquitted .

190. (L.) ANN HILL was indicted for stealing a pair of linen sheets, value 15 s. the property of Richard Wright , May 31 . ++

Acquitted .

191. (L.) JOHN WALLER was indicted for stealing two pewter pots, value 2 s. the property of Richard Stubbs , Jan. 9 , ++

Richard Stubbs . I am a publican , and keep the Golden Horse in Aldersgate-street ; the prisoner came into my house on the 9th of January, between nine and ten o'clock, and had a pint of beer and some mutton chops; I missed two pint pots as soon as he went out.

Thomas Aldesey . Dewy brought the prisoner to me; I took two pint pots out of his pocket. (Produced and deposed to by the prosecutor.)

- Dewy, Suspecting the prisoner I followed him to Mr. Stubbs's, and afterwards had him searched, when these two pots were found upon him.

The prisoner called one witness who gave him a good character.

Guilty 10 d. W .

192, 193. (L.) ANN SMITHERS , spinster , and MARY BRACKET , spinster , were indicted for stealing a man's hat with a gold thread button and loop, value 5 s. the property of Richard Yeates , Jan. 9th . ++

Richard Yeates . I am apprentice to a paper stainer . On the 9th of January, about eight in the evening, as I was passing through Bishopsgate-street , Smithers snatched my hat from my head; she ran away; I followed her, and cried, stop thief! she ran down Wide-gate-alley; she slipped into a house; I followed her; I saw the hat lie down by the bed; she called down Bracket; they demanded five shillings of me; I had no money, and they said they would cleave my skull if I dare take my hat.

Q. Did any thing familiar pass between you?

Yeates. No, nothing like it.

Q. Do you think the hat was taken in fun in order to decoy you into this place?

Yeates. I think not; it might be in order to decoy me into the house to rob me.

William Hudgson . I am the boy's master; I went with him to take the prisoners up; he told the same story then that he does now.

Q. How has he behaved?

Hudgson. With a great deal of order and propriety.

SMITHERS guilty . T .

BRACKET acquitted .

194. (L.) BARNARD KILROY was indicted for stealing two pieces of sir timber, value 3 s. the property of Thomas Langley , Dec. 20 . ++

Alexandar Linton. I was foreman to Mr. Thomas Langley , a master builder , who was employed in American-square in the Minories ; he is since dead; I saw the timber in question lying among the other materials.

John Barns . I am a watchman. As I was coming up the Minories I met the prisoner coming from America square with two sir planks upon his shoulder; I seized him; he attempted to get away, and behaved so ill I was obliged to handcuff him. Mr. Leniton came to the watch-house and saw the prisoner.

The prisoner said nothing in his defence.

Guilty . T .

195, 196. (M.) ABRAHAM KITCHENSIDE and RICHARD REEVES were indicted for stealing three legs of mutton, value 4 s. 6 d. and three pieces of beef, value 2 s. the property of Thomas Saunders , Jan. 13 . ++

Thomas Saunders . I am a butcher in Newport-market ; I lost three legs of mutton, and three pieces of beef, out of my shop last Thursday, about five o'clock in the morning; I found the shop broke open; I was informed my meat was in White-chapel; I went there and found it in the care of a watchman; I am sure it was my meat; I knew it by the cutting.

John Major . I am a watchman; I stopt the two prisoners in a street at the back of the Minories, with this meat upon them.

The prisoners acknowledged the charge.

Both guilty . T .

197. (M.) HENRY HERRING was indicted for stealing a silk purse, value 1 d. a muslin neckcloth, value 6 d. a silk waistcoat, value 1 s. a half guinea, a 6 s. 9 d. piece, and 19 s. in money, numbered, the property of John Harris , and a man's hat, value 2 s. and a muslin neckcloth, value 6 d. the property of Richard Harris , Jan. 9th . ++

John Harris . I am a gentleman's servant out of place; I lodge in Exeter-street ; the prisoner, my brother, and I, all lay in the same bed; when I got up on Saturday morning I missed the things mentioned in the indictment, and the prisoner was gone; my silk purse with the money was in my breeches pocket; the muslin neckcloth and waistcoat were put upon the drawers. The prisoner was taken the Tuesday after. My green purse, and my brother's neck-cloth and hat, were found upon him.

Richard Harris . This hat and neckcloth are my property; they were taken out of the room that night.

- Clark. The prisoner was brought to Sir John Fielding's office; I saw him searched; there were found upon him the things deposed to by the other witnesses; he was asked about the money, and he said a girl picked his pocket of it.

Prisoner's Defence.

I took the hat by mistake; the purse was in it; the neckcloth was my own.

Guilty . T .

198. (M.) JAMES BRAY was indicted, for that he on the king's highway, on Nathaniel Hancock did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a silver watch gilt, and 1 s. 6 d. in money, numbered, the property of the said Nathaniel , Dec. 8 . ++

Nathaniel Hancock . I was robbed of a watch, and 1 s. 6 d. in silver, on the 8th of December, in the evening, between eight and nine o'clock, in the path between the Pantheon and the London Spaw , by two foot-pads: one presented a pistol to me, the other held a cutlass; the man that had the pistol took the watch out of my pocket; the money I had taken out myself for the purpose of delivering, which they took out of my hand. (The watch produced and deposed to by the prosecutor.)

William Staines . I and Bray went out together to rob; we stopped the prosecutor; and Bray had the cutlass, I had the pistol; Bray took the watch out of his pocket, and he took the silver afterwards; we went together and offered it to one Philip Conway ; I took him to be a person of the same employment as myself, but I found he was a person employed by Justice Camper; when I offered the watch to Mr. Conway, he stopt it.

Richard Conway . I know the persons of Bray and Staines: I was met by Bray and Staines; Staines told me he had two watches to dispose of; I asked him how he came by them; he said he took them on the highway; Bray was at a distance, and did not bear the conversation; I was afraid to take the two men by myself; I decoyed them down to Wellclose-square; when down there, they took out the watches; Bray took out his metal watch (producing it) he called it gold; the other was a silver one.

Prosecutor. That is the watch I was robbed of.

- Cook. I am clerk to Mr. Camper; I remember both Staines and Bray being brought before Mr. Camper; and Bray acknowledged that the metal watch was taken out of his pocket, and the silver watch was taken out of the pocket of Staines; I am sure this is the watch that was produced before the Justice, as taken by Philip Conway , and which Bray acknowledged to be taken out of his pocket.

Samuel Randall . I was present with Conway at the time these two men came up; the silver watch was in Staines's pocket; the metal watch in Bray's pocket; both went together offering to sell them to Conway.

The prisoner denied the charge, and called several witnesses who gave him a good character.

Guilty . Death .

(M.) He was a second time indicted for that he in a certain field near the king's highway, on John Powell did make an assault, putting him in corporal fear and danger of his life, and stealing his person a silver watch, value 40 s. a steel chain, value 2 s. a metal seal, value 1 d. a compass seal, value 1 d. a steel watch hook, value 1 d. a quarter of a guinea, and 4 s. in money, numbered, the property of the said John , Dec. 6 . ++

John Powell . On Sunday the 6th of Dec. last, as I was returning to Islington, from the Shepherd and Shepherdess, about eight o'clock at night, I was stopped in the field, by two footpads; one presented a pistol on one side, the other on the other side; they robbed me of a silver watch with a steel chain, a quarter of a guinea and 4 s. in silver.

James Clark . I am a pawnbroker. On the 7th of December, about 11 in the morning, the prisoner offered me this silver watch (producing it;) it has been in my custody ever since: it is a very remarkable one; there is a painting in the dial plate; the account the prisoner gave of it was, that he had bought it of his master; the master was sent to; he said he sold him a watch, but it was not such a watch as this; it was without a chain when it was offered to pawn.

He called some witnesses, and his master among the rest, who said this was not the watch.

Sarah Pinfold . The day before he was taken, he gave me the chain.

Prisoner's Defence.

I never had the watch.

He called the same witnesses as before to his character.

Guilty . Death .

(M.) He was a third time indicted, for that he on the king's highway, on William Edwards did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a silver watch, value 40 s. and a half guinea, the property of the said William , Dec. 8 . ++

William Edwards . Being in the Islington stage on Tuesday night, two footpads, one with a pistol, the other a cutlass, robbed me of a silver watch, and half a guinea; the men were much about the size of the prisoner and the accomplice.

William Staines . I was one of the persons that stopt the coach; Bray was the other; the prisoner had a cutlass; I had a pistol.

John Harding . I am the stage coachman that was stopped and robbed that night; I did not make observation enough on the prisoner to know him; I rather think him one of the men; he is much about the size.

Philip Conway . I took the prisoner and the accomplice, upon searching them I found a silver watch upon the accomplice (The watch produced and deposed to by the prosecutor.)

Mr. Cook. That was produced the next day by Conway, as having taken it from the prisoner.

The prisoner denied the fact, and called the same witnesses as before to his character.

Guilty . Death .

199, 200, 201. (M.) PATRICK TRANER , ROBERT DARLING , and MARY LEWIN . were indicted; the first for stealing a linen gown, value 8 s. and a linen apron, value 1 s. the property of John Wood , and the other for receiving the said goods, well knowing them to have been stolen , Dec. 30 .

All three acquitted .

202. (M.) ROBERT DARLING was indicted for stealing 30 lb. of fine sugar, value 18 s. the property of Edward Dalton , Dec. 30th . ++

Edward Dalton . I keep a chandler's shop . Upon the 13th of December last, about nine at night, I heard the bell of my shop door; I went into the shop and missed this sugar; I followed the prisoner, seized him, and charged him with the fact; he denied it; I brought him into the house and then he confessed it, and said if I would go over the way with him, he would let me know where the sugar was; he had been three times at my house, and had changed his dress, which made me suspect him.

- Lyons. I am a constable; I took the prisoner to a public house; there he confessed he had taken the sugar and would shew us where it was.

Hannah Dalton . The prisoner came to our house three times; first in a striped jacket; then he changed his dress; the third time there was an alarm by the bell; he was followed and brought in by my husband, and he confessed he took it; the confession was first made in the house.

Prisoner's Defence.

I know nothing of it; I did not know what I did when I confessed; they threatened to put me into irons.

Guilty . T .

203, 204. (M.) PATRICK DUNN , and TIMOTHY BRAY were indicted for stealing two trusses of hay, value 4 s. the property of John Phillips , Esq ; Dec. 16th . *

Samuel Onley . I live near Mr. Phillips's stables. About nine o'clock in the evening of the 16th of December I saw Dunn go by with some hay; I ran after him, and catched him with it upon his back; I thought it was Mr. Phillips's, as they came out of the alley where his stables are.

Q. How old is Bray?

Onley. I am told ten years old; I did not see him that night; Dunn owned next morning that they took the hay from Mr. Phillips's stables.

Thomas Lynn . I am a servant to Mr. Phillips. Some tiles were taken from the roof that night by which means they got into the stable, and then threw it out at the window. I heard the little boy confess before the Justice that he was concerned in stealing it.

Elizabeth Hill. I met both the prisoners with hay upon their backs; I can swear to Dunn's person; the other is the same size the boy was; I believe him to be the same.

DUNN guilty .

BRAY acquitted .

[Transportation. See summary.]

205. (M.) ARTHUR BRADLEY was indicted for stealing two iron pick axes with wooden handles, value 2 s. two wooden hods, value 20 d. and two iron shovels with wooden handles, value 2 s. the property of John Elkin , Jan. 8 . *

John Bannister . I am a watchman at Marybone; I stopt the prisoner on the 8th of January, with the things mentioned in the indictment upon him; after some prevarication he confessed he stole them out of Mr. Elkin's stables.

John Elkin . Only these two hods are my property; they were stole out of my stable, where they were locked up over night.

Prisoner's Defence.

A man left them at my house.

Guilty 10 d.

[Whipping. See summary.]

206. (M.) JAMES HOBBS was indicted for stealing a wooden cask, containing ten gallons of gin, value 50 s. the property of John Wollaston , Dec. 31 . *

Richard Morris . I am servant to Mr. Wollaston, a distiller , on Holborn-bridge. I was sent with some gin and other liquors in a cart to the Custom-house; I left them in the cart while I went to receive some other orders; when I came back I observed the prisoner about the cart; I found the tail of the cart cut and the cask of Geneva upon the ground; the vessel was staved and about three gallons was run out; I saw it twice in his hands; he catched at it again, then I struck him with my whip.

William Hill. I was shutting up a shop near where the cart stood; I saw the prisoner with the cask in his hand, endeavouring to get it upon his shoulder; he dropped it, which staved the cask and then Morris came up.

Prisoner's Defence.

I saw the cask upon the ground; I thought it had sell out of the cart; I attempted to put it upon its head for fear the liquor should run out. Morris came up and struck me, and very much abused me.

He called one witness who gave him an indifferent character.

Guilty . T .

207. (M.) JOHN READ was indicted for stealing two deal boards, value 5 s. the property of John Smith , Maggot William Smith , and Christopher Richardson , Dec. 12th .

A second Count for stealing two other deals, Dec. 14th. ++

Acquitted .

208. (M.) ROBERT GREEN was indicted for stealing two live geese , the property of Turpin Barket , Dec. 17 . ++

Turpin Barket. On the 17th of last month, I heard my geese cry; I ran out and saw the people that had taken them away; they had carried them about a quarter of a mile; Green had two of them in the sack; he was putting another into the sack; I struck him down several times with a poker; he himself said he had put two of them into the sack.

Q. from the prisoner. Was it not dark?

Barket. It was light enough to distinguish him; I saw him take the geese out of the goose house.

Prisoner's Defence.

He struck me with the poker, and hurt my head very badly. I did not take his geese.

Guilty . T .

[Branding. See summary.]

[Imprisonment. See summary.]

209. (M.) SAMUEL HUMPHRYS was indicted for stealing a bank note for 15 l. another bank note for 15 l. and another bank note for 10 l. the said notes being due and unsatisfied, the property of Charles Hobsendorf , Esq ; in his dwelling house , Dec. 27 . ++

Second Court for stealing twenty guineas in the said dwelling house.

Mr. Charles Hobsendorf . I live in Queen-street, Westminster , On the 5th of January I missed these notes from a drawer in my bed-chamber; I am sure they were there the 24th of December; I judge I lost them on the 27th of December; the reason why I think so is, I received an information that the prisoner had been in my house at that time when I was at church; my bed-chamber door when I went out to church was locked as usual; there are two doors to my bed-chamber, one door opening to the stair case, the other door to the dining room; that to the stair case was locked on the inside with the key in it; the other door to the dining room was locked, and I had the key. I had 42 l. there in money; there was as much taken out as amounts to 20 guineas; the bank notes were of the value two of 15 l. each, and another of 10 l.

Mary Hardigram . I am servant to Mr. Hobsendorf; while he was gone to chapel I was alone in the house; between eleven and twelve the prisoner came on a visit to me; I remember I went up stairs with him to look at some pictures; I went down stairs and left him up stairs; we were separate from each other about five minutes; I am not certain that he staid up stairs, or whether he went down stairs with me I cannot say, but I am certain I went into the kitchen to dress myself, and that five minutes must have passed between the time of his being separated from me and my seeing him again; but whether he was up stairs, or in what part of the house at that time I cannot form any opinion. It is the custom of my master always to lock the door of his bed-chamber, and I never went into the chamber to make the bed but when my master was in the dining room.

Mr. Hobsendorf. I left my cash in my bureau, relying for my security upon the doors always being kept locked; it is never left open but for her making the bed, and that is always when I am in the other room.

Hardigram. There was another woman in the house, Elizabeth Butler ; Mr. Hobsendorf suffered her to be in the house with me, she being then out of place; she was up stairs during the time of the separation between us.

- Warr. I am a jeweller. On the 1st of January, the prisoner bought a stone stock buckle of me, and in payment for it passed off to me a bank note of 15 l. I did not take notice of its marks, but sent it by a servant to Mr. William Manning , a hosier.

John Basset . I received the bank note of the servant of Mr. Warr, and I paid it away to Messrs. Smith and Payne, bankers.

Richard Hopkins . I am clerk to Mess. Smith and Payne: I received of Mr. William Manning that bank note now produced to you; I made my mark upon it; I wrote Mr. Manning's name upon it, as I always do write the name of the person of whom I receive bank notes.

William Stone . I am one of the tellers at the Bank; I saw this note paid into the Bank by Smith and Payne.

Mr. Hobsendorf. I am positive this is the bank note I lost.

John Basket . I received from Mr. War another bank note of 15 l. on the 1st of January.

John Smith . I am a dealer in tea, a bank note of 15 l. was paid at my house, that is claimed by the prosecutor; but from whom I received it I do not know.

Mr. Frederick Hobsendorf . I received directions from my uncle to go to the Bank to stop the notes; in consequence of which, the note paid into the Bank has been produced. I went to search the prisoner's lodgings; he first denied any thing of a Bank note; then afterwards he owned he had had one, but said he found it; upon being told that he was then in custody, and a thorough search would be made, he confessed he had taken the bank notes out of Mr. Hobsendorf's house; that he put his hand to the door of the dining room and bed chamber, and it opened; he took out of his pocket about eight guineas, and said the ear-rings and the stock buckle was all that remained of the produce of the bank note.

John Collins . I live in King-street, Golden-square; the Sunday after Christmas-day I received a bank note of 10 l. of the prisoner; but to whom I paid it, or the description of it, I cannot tell.

Q. Did you refer to your books?

Collins. I never referred to my books, or if I did they would not assist me.

Charles Grab. I am a constable: I went to Humphrey's; we called him out; he desired us to walk into his room; we did; Mr. Hobsendorf and I together; first he denied having ever had any notes, afterwards he confessed he had had notes, but said he found them; afterwards he went farther in his confession, and said he had taken the note; he put his hand into his pocket, and took out some money and ear-rings, and said they were the produce of the bank notes, and confessed he had taken the notes.

Prisoner's Defence.

They promised me favour if I would confess.

For the Prisoner.

Claudius Smith . I went with Mr. Laycock to another person in the house; afterwards we went up to drink tea with Mr. Humphrey's; I heard Mr. Frederick Hobsendorf say, confess, confess, several times, you are in my custody, and had better confess.

The prisoner called three witnesses to his character, who had known him a great while down to the present time, and gave him a good character.

The servant maid. I introduced this gentleman into the room to my master; then I went to my mistress and returned again; I heard Mr. Hobsendorf say you had better own it and be clear.

Q. to Mr. Frederick Hobsendorf and Grub. Did you make any promise, or use any threats, to obtain this confession.

Both. We made none; the prisoner made that declaration voluntarily; he said the ear-rings, the stock buckle, and the eight guineas were the product of the note, before any promise was made; that afterwards Mr. Hobsendorf said, you had better confess and we may bush it; but that he made that confession before that was said to him.

Guilty. Death .

Recommended by the Jury and the Prosecutor.

210. (M.) JOHN KELLY was indicted for stealing a silk gown, value 6 s. the property of Robert Brockuls , Dec. 25 . ++

Acquitted .

211. (M.) NICHOLAS MARRIAN was indicted for stealing a linen shift, value 2 s. and a linen bed gown, value 2 s. the property of Isabella Cummings , spinster , Dec. 17 . ~

Isabella Cummings. I live in East Smithfield , and take care of one Mr. Tafe's house, as his house-keeper ; about a week before this, the linen shift was in a clothes basket in Mr. Tafe's room; the bed gown was in a different place in the same room; the prisoner was a lodger in the house for six months during the time I continued there, and had been before I came to live there. I saw these things about eight in the evening; I missed them next morning between nine and ten; upon that I made a great noise, and a Runner of Justice Sherwood's asked me if I missed any thing; I said I did; I went to the Justice's and there I saw the prisoner; he owned he took the things by getting through a window; he got them out at the window; the door was locked; he went out soon after I had seen the things, and locked the door and took the key with him, he came back in the morning as a watchman. When I went into the room I missed the things.

James Fleming . I am an old-clothes-man; as I was coming home in the evening, I cannot say the night precisely, between ten and eleven o'clock, the prisoner offered to sell me these things; I stopped him.

Prisoner's Defence.

There is a hole by the chimney which a person might get through.

Guilty . T .

211. (M.) HERMAN LIMAS was indicted for stealing a silver watch, value 40 s. and five halfpence, the property of John Norris , privately from his person , Dec. 31 . ++

John Norris . I live at the Blue Anchor, Savoy-hill; I lost my watch in Whitechapel , by the Barleymow; I had it when I went out of the house the people told me; I was very much in liquor; I do not who was there.

Joseph Gilbert . I saw the key of the watch hang out of Norris's pocket as he was in the house, at the Barleymow, Whitechapel. I saw the prisoner take two-pence or two-pence halfpenny out of his pocket; he said he was his brother; Norris was asleep.

Thomas Potter . I was in the Barleymow; about eight o'clock the prisoner took the halfpence out of his pocket, and said he was his brother; he then brought Norris out of the door and took the watch out of his pocket. On the Saturday following the prisoner and another man came to the Barleymow again; I said that is the man that took the watch out of the man's pocket; he wanted to go out of the house, but the landlord would not let him till Norris was sent for.

Edward Whentley . I saw the watch key hang out of the prosecutor's pocket, and I saw the prisoner take the money out of his pocket.

Prisoner's Defence.

We were drinking together, and we went out to go home together; he would call in at the Barleymow; we had a pot of beer; he sell asleep, and I took the money out of his pocket to pay for the liquor because I had not enough of my own; he got up and we went out; I went away and he went in again; I never took the watch.

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

212. (M.) WILLIAM SMITH was indicted for breaking and entering the dwelling house of Lawrence Sawtill , on the 15th of December , about the hour of eight in the night, and stealing six mens hats, value 20 s. the property of the said Lawrence, in his dwelling house . ++

Lawrence Sawtill . I am a hatter , and live in Holborn . On the 15th of December I lost six hats out of my shop; they were taken from the window; I saw them in the evening about five or six o'clock; between seven and eight I heard a sudden noise at the window; I went out but saw no person, and I immediately missed the hats; I found three of them again; one was left with Mr. Weal; one at Mrs. Doharty's, and one at a pawnbroker's.

Richard Weal . I am a hat-maker. On the 15th of December there were two hats brought to my house; I was not in the way; I delivered them to the prisoner again the next day, and he brought another that I stopped. (The hats produced and deposed to by the prosecutor.)

Mrs. Doharty. Two men came to my house to lodge; they lodged two nights with me; the third night they gave me three hats to put by for them. I delivered the hats to Sir John Fielding 's men; I put my mark on them; I believe they are the same. I believe it was the other man that was with the prisoner that gave me the hats.

Prisoner's Defence.

I met William Wright in Holborn, and he gave me the hats, and desired me to get linings put in them; I carried two, and the next day I carried the third, and Mr. Weal stopped me and the hat; they took Wright and let him go again.

Weal. I took him , but as there was no charge against him he was discharged; the prisoner did not charge him then, but said the hats belonged to one William Smith , who was formerly a master hatter, but is now confined for debt.

For the Prisoner.

Jane Washburn . I have known the prisoner some years; he bears a good character: he was bred a farmer; he came to London about two years ago to get into any employment he could.

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

213. (L.) PETER LLOYD was indicted for stealing a worsted damask gown, the property of James Delator , and a woollen cloth cloak , the property of Richard Morrison , Jan. 9 . ++

Richard Delator . I lost a damask gown last Saturday after dinner; I was alarmed by the servants. I live in Lombard-street ; I went out and found the prisoner between the kitchen and the dining room; they are on the same floor. I found nothing upon him.

Julian Mayson . I have lived in London three months, in Salter's-hall-court; I was with Mr. Delator when the maid came into the dining room, and said there was a thief in the house; we went in search, and found the prisoner between the kitchen and dining room; my great coat was at his feet, and Mr. Delator's gown on the stair case, I had left my great coat on the bannisters of the stairs.

Grace Taylor . Last Saturday about three in the afternoon we heard a noise on the stairs, and I took hold of the prisoner; he had Mr. Delator's morning gown under his arm, and the great coat under his shoulder: when I laid hold of him he dropped them.

Q. Where was the gown?

Taylor. On the bannister of the stair-case above where he was. (The morning gown produced and deposed to by Mr. Delator.)

Mr. Morrison. My coat is sent into the country; I did not know it need be produced again; the prisoner was very much in liquor and he has a large family.

Prisoner's Defence.

I was ordered by a gentleman to call for some shoes to repair, and there lay a great coat on the stairs; I did not touch it; the maid said, what do you want? I said young woman, I am mistaken.

For the Prisoner.

Francis Whitberby . I have known the prisoner seven or eight months; he is shoe-maker, a very honest man.

Thomas Haystead . I have known him ten or a dozen years; he bears a very good character; I never heard any thing amiss of him.

Guilty . Imp. 1 Month .

[Branding. See summary.]

214. (L.) JOHN DUNCAN was indicted for stealing a pair of leather boots, value 12 s. the property of Richard Wilcox , July 11 . ++

Richard Wilcox . I am a shoe-maker , and live in Holborn ; while I was at dinner on the 11th of this month, Elizabeth Wiltshire came into the shop, and informed me a man had stole a pair of boots that hung at the door, and had run down Leather-lane; I turned up the lane, and I immediately saw the prisoner running with something under his great coat; I came up with him, and took my boots from under his coat.

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

Elizabeth Wiltshire . I saw the prisoner take a pair of boots off a nail at the prosecutor's door.

Prisoner's Defence.

I saw the boots lie upon the ground and took them up.

Guilty . T .

215. (M.) ELEANOR FITZGERALD , spinster , was indicted for stealing a black silk hat, value 6 d. a black silk bonnet, value 6 d. a scarlet cloth cloak trimmed with ermine, value 4 s. another scarlet cloth cloak, value 6 d. and a black silk cloak, value 6 d. the property of Mary Stubb , spinster , Dec. 20 . ++

Mary Stubb . I am a servant to Mr. Apps, a cow-keeper in Tottenham-court-road ; Mary Gilbert , my fellow servant, called me down stairs; she had hold of the prisoner, who dropt a bundle containing the things mentioned in the indictment.

Mary Gilbert . While I was out the prisoner came into the kitchen; when I came home and went down into the kitchen, I saw her behind the door with the things mentioned in the indictment. (The clothes produced and deposed to by the prosecutor.)

Prisoner's Defence.

I beat her once and so she does this out of malice.

Guilty . T .

216. (L.) ELIZABETH OLIVER , spinster , was indicted for stealing a linen napkin, a pair of thread stockings, two packs of playing cards and a pair of stays , the property of Patrick Brown , Dec. 2d . ++

Patrick Brown . I am a stationer , and live in Eastcheap . I missed the playing cards about the middle of December; as to the other goods I did not miss them till I made the discovery of them. About the end of November I found a broken key in the till, my suspicion fixed on the prisoner, my maid servant . Mrs. Brown informed me she had found something in her box, and brought down the playing cards: she was desired to go up and replace them in her box. I went up and searched her box then, and found two packs of playing cards and the napkin and stockings; (the napkin and stockings produced and deposed to.) She said, on the playing cards being produced, that as young man who lives at a stationer's, the corner of Camomile-street, gave them to her. I charged her with taking them; then she said a gipsey woman came to the family, and that she gave her some cards to tell her fortune. Mr. Sturgion said, your master's mark is upon them, and that will not be believed, then she said she had taken them, and hoped I would be merciful; I said that depended upon her conduct. She went home to her mother's, and I paid her her wages. After that my wife missed a pair of stays: then Mr. Sturgeon and I went to her mother's, and charged her with having the stays; at first she denied it, and made many protellations; after some time she confessed she had them, and said she would send them back. I asked her how she came to do it; she replied she believed the devil was got in her. The stays were sent back by somebody that day.

- Sturgion. I was desired by Mr. Brown to come into his house on an apprehension of Oliver's dishonestly; I charged Oliver with having taken the cards, and she told a story of having taken some other cards. He confirmed Brown's evidence respecting the stays.

Henry Sharp , servant to Mr. Brown, who was present when the cards were found, confirmed the former evidence.

Prisoner's Defence.

I know nothing of the stays, and as to the cards I do not know how they came there; things were put into my box by somebody, I do not know who.

Mr. Brown. She did say something of that.

The prisoner called five or six witnesses who gave her a good character.

Acquitted .

217. (L.) MARY GRAINGER , spinster , was indicted for stealing a wicker basket, value 10 d. and a bushel of apples, value 5 s. the property of Patrick Kehoe , Dec. 16th .

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

Acquitted .

218. (L.) ANN HARRIS , spinster , was indicted for stealing a silver watch, value 3 l. the property of Abednego Bull , Jan. 5 . ~

William Harris . On the 5th of January I went to the One Tun, Holborn-hill , about eight in the evening; the prisoner followed me in; she stood at the door and called for a pint of hot; I sat in a box next the bar; she came and sat down by me; there was another young woman in company that sat in the same box; she asked me what it was o'clock; I did not care to produce my watch; I bid her look at the dial; she still desired to see the watch: she might see the chain hang down. At first I would not shew it her; in about two or three minutes after, on her asking to see the watch again, I shewed it her; she snatched it out of my hand and put it into her bosom, and told me I should have it again; on demanding it, at last, she said she had it not, but another young woman had got it. When I first saw her (not at the time we went into the house) I asked her where she was going; she said to the one Tun; upon which I told her I would follow her there.

Q. How came you to have it?

Harris. The owner broke it; I was to put a chain to it and to get it monded.

Ann Richmond . I saw the prisoner have the watch in her hand; she put it into her bosom; they staid and drank a pint of hot, and seemed to be very agreeable, and in about a quarter of an hour went out together; they sat there a quarter of an hour very sociably together, after he said she had the watch.

Prisoner's Defence.

I know nothing of the watch; he shewed it to all the people in the room.

Acquitted .

219. (L.) ANN MUMFORD , spinster , was indicted for stealing a silk handkerchief, value 3 s. the property of William Barns , Jan. 9 . ~

Acquitted .

220, 221, 222. (L.) GEORGE ARMSTRONG , ROBERT ARMSTRONG and WILLIAM COTTERELL were indicted for stealing 628 pieces of silk handkerchiefs, containing 4800 yards, value 800 l. the property of the East India Company , privately and secretly in their warehouse , Dec. 25.

A second Count charged it as a stealing on the 26th.

And a third Count as on the 27th of Dec. +

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

Mr. Peter Corbet . I am the keeper of the Bengal warehouse at the East India House.

Q. What is the use of this warehouse?

Corbet. It is solely appropriated for the reception of prohibited goods, because the crown does not suffer any other goods to be mixed with them. By prohibited goods are understood all goods that are painted or stained, and wrought silks; they are received into the warehouse, are shewn there to any buyers, and when sold are delivered to the buyers; from thence they are sold by auction, which all the companies goods are, which by act of parliament are sold at the East India House, by inch of candle.

Q. Is it the kind of warehouse that all buyers have access to at proper hours?

Corbet. Yes; from eight in the morning till two at noon; buyers or not buyers have access there; it is a common public show; samples are shewn of some goods; indeed all these particular goods are shewn open in chests; but these that were stole never had been shewn. The warehouses are open during the times of sale, which are in March and September, but are constantly open for reception from the ships and delivery to the buyers. I was informed on the 29th of December, that this warehouse had been broke open; upon examination I found that in the chest of bandannos, which are spotted handkerchiefs; under the No. 19 was invoiced 200; they were all gone. In No. 6, the same kind of goods, invoiced 138 pieces, 46 lost; of silk lungee romalls, which are a check handkerchief, No. 8, invoiced 200 pieces, lost 198; new o malls, they are a check handkerchief, a new fabrick, No. 17, invoiced 200, lost 184; in the whole 628 pieces lost; there were invoiced upon the whole 738; there are 110 remaining, that brings the loss to make up the full account of the invoice.

Q. What is the worth of the pieces?

Corbet. 246 pieces of bandanno which run about 1700 yards, the value of them at 20 s. a piece (they sold at the company's sales from 20 s. to 28 s.); the romalls I value at 30 s. they sold at the company's sale at 34 s. 6 d. the value in the whole is about 800 l. The company's resident at Bengal puts a ticket into the chest, of the contents of the chest; these two tickets (producing them) were found in the warehouse; they exactly correspond with the invoice of those chests.

William Mason . I am a king's officer, and attend at the warehouse in the India-house; the warehouse goes all round the leather market at Leadenhall. I left the warehouse on the 24th of December, about a quarter after two o'clock; we never attend in an afternoon: there is a stair case goes up into the warehouse from Leadenhall-street; there is a lock of the company's at the bottom of the stairs; there is a door on the middle of the stairs, of which the Company has a lock and the king a lock; there is a door at the top of the stairs, which has the company's lock, and there are two locks more before you can come to where the goods were taken from; I saw the outside locks fastened; the folding doors on the outside had not been unlocked some time; they are only open to receive goods from shipping; the buyers go up stairs at another door; there are two other doors besides; we generally look at them before we leave the warehouse; on the 24th I locked the doors, and tried them and found them safe.

Q. When did you go to the warehouse again?

Mason. On the 29th at eight o'clock as usual. I saw the gunnies of these chests cut, and the boards wrenched off; gunnies are a coarse cloth put over the chest; I put my hand into one chest, and there were but two lungee romalls remaining; I saw the ticket that is put into the chest at India; the next chest had nothing in it; the next had I think about twelve or thirteen pieces of new romalls; the fourth was a chest of bandannoes; there seemed to be a good many out of it, I cannot justly tell how much might be taken out of it. I found one ticket in one of the chests and I left it there. All the goods in this warehouse are exported by certificate, and one of us is obliged to go down to the waterside with them.

Richard Walker . I am one of the king's lockers. We leave this warehouse generally at two o'clock; I had been to the keys on the 24th of December; I returned before two; I fastened the outer door which comes down to Leadenhall-street, the door we go in at, that goes to the staircase; I went round the warehouse and looked at every one of the doors; the king's locks and the company's locks were on; the goods were all very safe then. On the 29th an alarm was given, while I was there, that the warehouse had been robbed; I went down and saw the padlock was broke off the door, and the other lock wrenched; I found one chest open; a little further I saw another chest with the gunnies cut, and the boards were broke off; most of the contents of that chest were gone; I cannot be particular how many pieces were remaining; I found, a ticket a little further on the ground which agreed with the marks on the gunney; a little further I saw the third chest which was broke open, and most of the contents were gone; and upon the left hand coming back there was another chest broke open, about one half of the contents of which were gone. I found the king's lock on the outside the warehouse safe, except these folding doors to the inner market; the company's and king's locks were both on; I went round and put the king's key to them and the lock was safe, but the inside fastenings of these two doors, two bolts, were broke off; the padlock was broke off, and the other lock strained and bent. There was a piece, I think it was of bandanno, upon the ground; I believe also there was a piece of bandanno between the door and this chest.

Joseph Gray . I am an extra-tidesman.

Q. Do you know the three prisoners?

Gray. Yes; I have known George Armstrong very near two years, Robert Armstrong about a year, and Cotterell not quite so much. I believe about two months ago, I was walking along Leadenhall-street, with Robert and George Armstrong ; when we came to Creechurch-lane, there is a warehouse with a pair of gates, George said he could take off that lock; said he, do you know what warehouse that is? I said, no; he said it is the East India Company's warehouse; I said did you ever rob the India warehouse; he said yes, last year of some black tea; I said did you ever rob the bale warehouses; he said no; do you know which are the bale warehouses? I said I believed I did; they asked me to shew them I shewed them the warehouses that goes in at the great gate; I told him I saw a cart with bales, which I imagined to be muslins unload there: that is the warehouse that was broke open: George looked at them, then he came to me and said it shall be done; there were two locks on them; one with a broad R, one not; after that we had a pot of beer at the Woolpack, in Michael's-alley; then George said he had robbed the warehouse in that alley; and they said if they did this they would make me a present; I said I do not want any thing, only take care of yourselves: I take this to be about the beginning of November. I saw George on the 26th of December, about nine in the morning; he was just gone to bed. I came from Wapping Old Stairs; I called on him.

Q. Had you heard of any goods being stolen then?

Gray. No. He promised to come and see me; I saw him again on Thursday the 31st of December; I went to his house, having read the advertisement, that the India Company's warehouses had been robbed of 680 pieces, and that 100 l. reward was to be paid to any person that would discover the persons that did it. I went down to George Armstrong 's house in Gre at Garden-street, Whitechapel, between nine and ten in the morning; he was at home; he began to laugh, and said, Joe, it is done; I understood him; I said nothing but sat down to breakfast; then he sent his girl to tell Cotterell that I was there, and Cotterell came after I had breakfasted; we staid there about a quarter of an hour; then we went out. Cotterell left his stick behind him; he went back for it; then George Armstrong said to me, Joe, what is best to take for my share of the handkerchiefs? some are checks and some spotted, what they call bandannoes.

Q. Had he before that told you what had been taken?

Gray. No; I told him if he would let me look at them I could tell him; he said I am afraid that my brother and Will Cotterell will split against me, by which I understood him to turn evidence; he said they had shared the goods; I asked him how much they had a piece; he said six or seven dozen a piece, and that they had agreed with themselves for each to give me three pieces; I said I do not want any; he said I should; then George and I went to the Three Johns, in Fashion-street, to Robert's lodgings; we saw him a bed; he lodged there then, but removed that day; there was a pistol loaded to very near the top and primed; George scolded his brother Bob for having it in the room. I had no talk about the robbery till the Friday night (New-Year's-Day); then we were all together; we came away and left George behind us; then Cotterell said to me, D - n my eyes, Joe, George is the greatest blackguard that ever existed. I thought with myself here is a pretty set of you, you are all afraid of one another, and I shall come into a pretty scrape for shewing you the warehouse; William Cotterell said George had the Doves; that I understood to be the keys we went to George Armstrong 's, and Cotterell went down and brought up a mug of wine as one would small beer.

Q. When had you any conversation respecting the robbery?

Gray. On Saturday morning the 2d of January I went to Cotterell's lodgings, and then he and I went to Bob's lodgings; we went to the Red Lion; some people were reading the news concerning the East India warehouses; George went away; Bob got shooting for some beer. I went with Cotterell to dinner; he said, Joe, George has bargained with Jack Shurbut to let him have a 100 pieces for 100 guineas, for he said George had sold him a few pieces the week before; I replied, why you tell me some are worth two or three guineas a piece; he said Shurbut was a good one at planting them, therefore they let him have them; he said there was none concerned with him but George and Bob Armstrong ; he said George wanted to take in another, but Bob objected to it; he said I will give you three pieces for me, and three for Bob. That night I thought I would clear myself of all of them; I went to Mr. Lycet's, a custom-house officer, to ask his advice; Cotterell told me a Jew had been at Sir John Fielding 's and pretended to know of it but did not, and Sir John sent him to gaol; Mr. Lycet advised me to go to Sir John Fielding 's directly; I went there accordingly, and gave the same account as I have given now; this was about six o'clock; I went at seven o'clock to George Armstrong 's; he was not at home; then I went to Cotterell's; he told me he would bring his and Bob's there, to the Cock and Hoop at the corner of Dunk-street; I went then and informed Mr. Bond of it; he sent Mr. Senhouse to the Cock and Hoop to watch; when they came to me I went there; Robert Armstrong and Cotterell came there; Armstrong had the six pieces in a handkerchief: when Senhouse saw them he went out; we sat down in a box; Cotterell said, Joe, these are three pieces for each of us; Cotterell swore I should sing; I said I would not till after he had sung; he sung a song, and while I was singing one, Sir John Fielding 's people came in, and secured them; then we went and took George Armstrong , at the Three Johns, in Fashion-street; then we went and took Shurbut at the Horse and Leaping Bar.

John Shurburt . I live in Whitechapel: I know all the prisoners. On the 27th of December last, in the morning, George Armstrong came to my house, and asked me if I wanted any handkerchiefs; I told him to bring a sample; he brought me four pieces about eight or nine o'clock; he asked me what I would give a piece; I said 24 s.

Q. How many in a piece?

Shurbut. Seven; of some sort more. He said if I would take a quantity I should have them for a guinea; at night he brought me eight pieces; I asked him how he came by them; he said he got them out of the India house in Leadenhall-street, by the Leather-market; I asked him who was with him; he said his brother and Cotterell, and no one else; I asked him how he got in; he said by a key which cost him 10 l. I agreed to buy them; he brought me six dozen pieces more in two separate parcels at twice. I saw two or three men at a distance when he went away; I was not near enough to know them; I asked him who they were; he said I had no occasion to be afraid, it was his brother and Cotterell; he came next night and brought me two dozen and one piece of striped handkerchiefs; I did not agree for them but he left them. On Tuesday morning he came and asked me if I had got any money for him; I said I had not; I had nine dozen and one piece in all; he came to me again on Saturday and wanted me to take a 100 pieces more; he said they had quarrelled and had parted the pieces among them; I told them I did not chuse to have any more.

Q. What became of those pieces you had?

Shurbut. I sold some of them; Justice Fielding's men had the rest.

Q. Did you pay any money for them?

Shurbut. No; I only agreed for them.

Q. Who brought these pieces?

Shurbut. George Armstrong .

Nicholas Bond . I am clerk to Sir John Fielding . Mr. Gray came to me on the 2d of January, about five in the evening, accompanied by Mr. Lycet, an acquaintance of his, and made an information of the persons who stole the goods from the India-house; he said he had appointed to meet them that evening at the Three Johns. I ordered Gray to go with Mr. Lycet; I called Peter Senhouse in, that Gray might know him again; I desired Gray to go to the Three Johns, and told him I would be at the Frying-pan, in the same lane, and I bid him, if they came, make some excuse to come out, and inform me of it; he came in about half an hour, and said he had seen Cotterell who had agreed to meet him at the Cock and Hoop, in Coverly's-fields; I then went to a public house near to it, and appointed Peter Senhouse to stay at the Cock and Hoop, till he saw them come into the house and then come and inform me; he came to me in about half an hour; I went to the house and there I saw William Armstrong and Cotterell sitting in the same box with Gray; I saw a handkerchief containing something by Armstrong's side; Mr. Clark who was along with me has got it; after some resistance we took them into custody; I secured George at another public house, where I found him asleep. Gray mentioned to me that Shurbut was to purchase an 100 pieces; I went after him and found him at the Horse and Leaping Bar, in Whitechapel, at about one in the morning, and took him home; he was examined before Sir John next morning, and was admitted an evidence. I went to Shurbut's house; there I saw Mrs. Cole, who lives in his house; Mrs. Cole came in soon after I was there; I sent her to find the handkerchiefs; she brought back ten pieces; I sealed them up by themselves as soon as I received the ten pieces. They described the house where the others were, in King Edward-street, not far from Armstrong's; there was a padlock on the door; I drawed the staple, went up stairs, and there I found 385 pieces, which I delivered to Mr. Corbet; Shurbut producing 94 in the whole, 15 and 79. I took care of the padlock. On their examination at Sir John Fielding 's, George said he had given that key to his wife which was then produced by Simmons or Smith; that key opened the padlock that was found upon the door.

Mr. Corbet. I saw this parcel made up by Mr. Bond.

Bond. Here is my seal upon it; this is the same as I delivered it to Mr. Corbet. (Parcel of lungees and romalls opened.)

Mr. Corbet. There is 16 handkerchiefs in this, 15 in the new romalls.

Q. Are these the sorts that were lost out of the India warehouse?

Corbet. They are; I know them by their colour, by their measurement, by their weight, and by every sign and token.

Counsel for the prisoners. These may be run goods for what you know.

Corbet. I cannot take upon me to say. (A parcel of bandannoes produced under seal.)

Mr. Corbet. Here is the East India Company's mark upon these pieces.

Counsel for the prisoner. If a sailor brings any from India, have not they the Company's mark on them?

Corbet That is a trade I know nothing about; I have seen a piece that was run, I did not see the Company's mark upon that.

William Simmons . I found this key upon Mrs. Armstrong (producing a large padlock key.)

Richard Smith . This padlock (producing it) I got from the door where Mr. Bond and I found the handkerchiefs. (The key is tried with the padlock, and fits it exactly.)

Mary Cole . I went by Mr. Bond's desire to Mrs. Armstrong's on Sunday evening; Mr. Shurbut was taken on Saturday night; I told Mrs. Armstrong I came from Mr. Shurbut, who desired her to send him 10 or 20 pieces of handkerchiefs, which he wanted immediately for a person in the country; she took me with her to the house; the door had a padlock on the outside, which she opened, and gave me 10 pieces of handkerchief in a check apron. I brought the handkerchiefs to Mr. Bond at Mr. Shurbut's house.

Bond. I brought them home and delivered them to Mr. Corbet's deputy.

John Clarke . About six on Saturday evening the 2d instant, I went with Mr. Bond to the Frying-pan, I believe in Brick-lane; after waiting some time Gray called Mr. Bond out; we got into a coach and went to a public house in Spitalfields; Mr. Senhouse came there, and gave notice to Mr. Bond that the prisoners were at the public house; we went to the house; there we saw the youngest of the Armstrong's and Cotterell; we secured them; we found these six pieces of handkerchiefs ( producing them) in the box by Cotterell and Armstrong; they were all three singing when we went in. I searched them, and found six pistol bullets in Armstrong's pocket (producing them.)

The apron containing ten pieces produced.

Mr. Corbet. These are bandannoes and romalls; there are the Company's marks upon them.

Mr. Clarke. Mrs. Cole shewed us the house from whence Mr. Armstrong brought the handkerchiefs; we went there and broke the door open. We found five bags foil of handkerchiefs, containing I believe 360 odd pieces; we gave directions to Mr. Smith to search Mrs. Armstrong for the key of the padlock; we went to Shurbut's house on Monday night by his direction, and brought away 79 pieces more.

Peter Senhouse . I went with Gray to the Frying-pan in Brick-lane; he bid me stay there till he came back; when he came back I went with him to the Cock and Hoop the corner of Dunk street, we were to set in separate boxes, and if I saw two men come to Gray with a bundle I was to go to Mr. Bond. After I had set some time Robert Armstrong and Cotterell came in; Armstrong had the bundle under his arm; they set it down by them. I went out and fetched Mr. Bond and Mr. Clarke.

The prisoners called several witnesses, who gave them good characters.

All three guilty of stealing the goods but not privately in the warehouse . T .

223, 224. (M.) TIMOTHY BURRELL and JAMES FERRY were indicted for breaking and entering the dwelling house of Jane Cocker , widow , on the 26th of December , about the hour of one in the night, and stealing a wooden till, value 6 d. two wooden boxes, value 2 d. four silver three-penny pieces, two silver groats, and two hundred and forty halfpence, the property of the said Jane in her dwelling house . +

Jane Croker . I live in Hare-street, Bethnal-green . My house was broke open on the latter end of November, and also on the night after Christmas-day; I went to bed at eleven o'clock on Christmas night; I got up the next morning between six and seven, and found my house broke open. The house is let out in separate tenements: I have the ground floor to myself.

Court. Describe the situation of your apartment.

Croker. There is one common door for the several tenants to enter the house at and go up stairs: my bed-chamber is on the right hand of that passage; my shop is on the left, and my shop has besides this door an outer door to the street for my customers.

Court. Then it is not a breaking the dwelling house?

Cocker. I found the glass of the casement in the shop broke near the hasp; I missed my till containing 10 s. worth of halfpence, and two little Christmas boxes containing two silver groats, and four silver three-pences. I saw the marks of dirty feet upon the table under the window. Burrell used my shop to buy little matters; he confessed before the Justice that he was the only person concerned in breaking my shop; he had at first said that Ferry was concerned with him; he said now that he only charged Ferry out of spite; he said he broke in between one and two in the morning; I observed the marks of feet upon the table seemed to be all of one size. Burrel told the Justice he had thrown my till in a field; it was found according to his directions. (The till produced and deposed to by the prosecutrix.)

William Sweetnam . I am brother to the prosecutrix; I keep a public house opposite the Ferry came to me last Monday se'ennight, and said he knew the person that had robbed my sister; that it was Burrell. I went to Mr. Gray's, a weaver, who is Burrell's master; Burrell hearing me come up stairs, attempted to get out at the window; I laid hold of the slap of his coat and pulled him in again; he said I am guilty; I asked him of what; he said of robbing Mrs. Croker; he said he got into the house between one and two o'clock, and described the manner in which he did it.

William Turvey . On the day after Christmas-day I met Ferry in Whitechapel; I changed this silver three-pence for him (producing it.)

Prosecutrix. I cannot swear to the three-pence.

John Gully . I changed a silver three-pence for Burrell.

John Doyle . I changed a silver three-pence for Burrell.

John Yarding , Patrick Burgano and Frederick Haake confirmed the evidence of Burrell's confession.

BURRELL guilty of stealing 12 s. 4 d. T . but acquitted of the burglary.

FERRY acquitted .

225. (M.) WILLIAM WATERS was indicted for breaking and entering the dwelling house of Ary Holman , on the 10th of November , about the hour of one in the night, and stealing a cloth coat, value 10 s. a cloth waistcoat, value 6 s. a pair of cloth breeches, value 4 s. two pair of black silk breeches, value 20 s. two flannel waistcoats, value 3 s. two white dimity waistcoats, value 8 s. eight cristol stone buttons set in silver, value 4 s. waistcoat, value 5 s. nine linen shirts, 20 s. two muslin neckcloths, value 2 s. two pair of silk and worsted stockings, value 4 s. two pair of worsted stockings, value 4 s. one pair of silk stockings, value 3 s. one other pair of silk stockings, value 2 s. one linen cloth, value 1 s. one silver punch ladle, value 6 s. 6 d. one large silver spoon, value 12 s. two silver tea spoons, value 5 s. one child's coral, value 2 l. 2 s. three yards of black silk ribbon, value 3 s. 6 d. one linen gown, value 30 s. two children's robes, value 24 s. 6 d. one lawn apron, value 5 s. one other lawn apron, value 4 s. 6 d. four muslin aprons, value 8 s. six muslin handkerchiefs, value 18 s. 6 d. three pair of women's ruffles, value 27 s. five children's caps, value 19 s. three diaper pincloths, value 3 s. two children's gowns, value 3 s. six night caps, value 3 d. two children's gowns, value 3 s. six night caps, value 5 s. four pair of linen sleeves, value 4 s. two pair of silk stockings, value 24 s. two children's clouts, value 8 s. three children's shirts, value 14 s. one round towel, value 1 s. 6 d. one silk hat, value 9 s. three napkins, value 6 s. and six muslin neckcloths, value 27 s. the property of the said Ary Holman; and one linen gown, value 23 s. two linen aprons, value 4 s. 6 d. one lawn apron, value 4 s. 6 d. three linen handkerchiefs, value 5 s six night caps, value 2 s. one cotton handkerchief, value 2 s. 6 d. one silk handkerchief, value 2 s. 6 d. two pair of linen sleeves, value 2 s. 6 d. one pair of cotton stockings, value 2 s. 6 d. one linen shift, value 2 s. 6 d. and one laced handkerchief, value 11 s. 6 d. the property of Mary Collett , spinster , in the dwelling house of the said Ary . *

Ary Holman. Collett is my servant . On Tuesday November the 10th my parlour window was broke open; when I came home about two in the morning, I found the bolt forced off: the sash was lifted up and the screw was remaining, but the timber that fixed the screw was forced out of its place, and there were in the parlour in a drawer some of the goods mentioned in the indictment ( repeating them); the rest were taken out of the kitchen; they were laid out for washing. I made an alarm and the things were seized; part of them my own clothes; the other things were never recovered; these things were produced upon the trial of Hatch, and upon that trial I was sure that the goods produced were my goods that I lost that night. The prisoner being before the Justice said that he was the person that broke into the parlour, and that he went down into the kitchen and broke open the closet door, and then took the coral and the clothes mentioned in the indictment.

Mary Collet . The things that were produced on the trial of Hatch were my master's property; my things were in the kitchen; my master's, part in the parlour, and part in the kitchen; I found them wanting when my master called me up, for when he came home he found his house broke open.

- Commings. I am a watchman: about two in the morning, being alarmed by Mr. Holman, I went in search of the persons that robbed his house; at the of Mansfield-street, about a quarter of a Holman's house, I saw five men; they were Allen, Hatch, Waters, Godfrey and Duffil

Q. Were they all part of the same company?

Commings. They were; Hatch dropped a bundle and I took it up; it contained some of the goods Mr. Holman lost; I desired Waters, another watchman, to take it; who did; the clothes we re delivered to this man, and carried to the constable's, and were kept there till they were produced upon the trial of Hatch, when they were produced, Mr. Holman, who was present at that trial, swore that the goods so produced were his property. The prisoner, Waters, gave an account that he went into the house, went down into the kitchen, took the goods from thence, and broke open a cupboard.

Holman. There was a cupboard broke open.

Commings. He said that afterwards he went into the parlour and took the goods from thence and carried them away.

- Allen. We were all concerned in robbing the house; the prisoner was not in the house; he and I were out of the house for the purpose of an alarm if any body came by, while the others went in and rifled the house; we carried all the things to the house of Godfrey.

- Waters. I am a watchman; I took the bundle by Comming's desire.

Q. to Holman. When did the prisoner make the confession?

Holman. I was called in at the Rotation Office.

Q. Was there any promises made?

Holman. No.

Q. Did the prisoner tell, this story under an agreement that he should be admitted a witness; was he sworn at that time?

Holman. I saw him sworn.

Court. If sworn it was not a confession.

Guilty. Death . Recommended by the Prosecutor.

226, 227. (M.) JOSEPH RICHARDSON and SAMUEL MEAKHAM were indicted for breaking and entering the dwelling house of Samuel Sumners , on the 10th of January , about the hour of twelve in the night, and stealing thirty-six pewter plates, value 16 s. seven pewter dishes, value 7 s. one linen table cloth, value 1 s. a woollen blanket, value 6 d. seven pewter water plates, value 1 s. and three hundred halfpence, the property of the said Samuel Summers , in his dwelling house . ++

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

Samuel Summers . I live at the Cock in Whitechapel-road , opposite the London Hospital. My house was broke open between eleven and three on Sunday night was a week; I lost three dozen of pewter plates, seven dishes, two gallons of rum, and a till with about 12 s. worth of half-pence; the till, the rum, and part of the pewter were in the bar; the other things were in the kitchen.

Q. Did you make any observation whether the house was broke open?

Summers. The shutters were broke open; the sash was thrown up.

Q. Did you ever recover your things again?

Summers. Part are in court; they were found in Richardson's house.

Q. When did you find the house broken open?

Summers. On Monday morning when I got up, a little after six; I seldom sleep very found after three; I think it must be before that time; I am pretty certain it was.

Charles Flanagan . I attend at Justice Wilmot's; I found four plates, a table cloth, four bottles of rum, a dark lanthorn, a chissel and a cutlass, last night was a week at Richardson's. (The plates produced.)

Prosecutor. Three of them have my marks, some of them I had not marked.

Flanagan. Richardson and this other man had two rooms; they are both upon one floor; Richardson, and Meakham, and Meakham's wife were all together there. Richardson begged very hard to be taken before the Justice to be admitted an evidence; we took him to Mr. Wilmot's, and there he spoke freely about robbing Mr. Summers.

Q. Was there no promise of pardon?

Flanagan. No.

Q. Was there no expectation at that time that he should be admitted a witness?

Flanagan. No; Mr. Wilmot told him he should not; he said these plates belonged to Mr. Summers.

Q. When did he say that?

Flanagan. The night he was taken.

Q. How did he say he robbed him?

Flanagan. He said that he and one Thomas Jones broke the house open, and that this was the chissel they did it with (producing a large chissel.)

Q. And there was no treaty at that time about making him a witness?

Flanagan. No; when we took him in bed he begged to be taken to the Justice to be admitted an evidence; we told him he should be taken before the Justice and hear what he said.

Q. Was any promise made him?

Flanagan. No; I was present all the time: Meakham and his wife both said this was their tablecloth when we found it.

Richardson. They made me drunk; all the way they said I should be an evidence if I would bring any body into the scrape.

Flanagan. We did not.

Richardson. In what room did I lie?

Flanagan. In the further room.

Q. Where did you find the things?

Flanagan. In the hithermost room, and there was a bowl with four or five shillings worth of halfpence; he came into the room and took them out and said they were his.

Richardson's Defence.

I know nothing about the house being broke open.

RICHARDSON guilty . Death .

MEAKHAM acquitted .

(M.) They were both a second time indicted for breaking and entering the dwelling house of William Wilson , on the 1st of January , about the hour of four in the night, and stealing one large copper pot, value 10 s. one copper stew pan, value 5 s. two gallons of brandy, value 20 s. two gallons of rum, value 12 s. two wooden casks, value 1 s. a mahogany tea chest, value 1 s. twelve pewter dishes, value 12 s. and twenty-four pewter plates, value 12 s. the goods of the said William in his dwelling house . ++

William Wilson . I keep a public house in Brick-lane ; my house was broke open on the night of New Year's Day.

Q. What time did you go to bed?

Wilson. About twelve o'clock.

Q. What time was it broke open?

Wilson. Between four and five; I was awake when they were getting the goods out; I heard the copper pots, that disturbed me; I got out of bed and went down a little after five; then I saw the house was broke open; the sash was up, but the window shutters were put close together.

Q. Did any part appear to be broke?

Wilson. The shutters which were new were forced open, the main part of the bolt was bent double almost; I thought they were in the house; the watchman called me at five as he commonly does; I searched the house and missed the things mentioned in the indictment (repeating them). All but the tea chest was in a little room called the kitchen; the tea chest was in the bar.

Q. Did you get your things again?

Wilson. I never saw any thing again but the tea chest, which I saw at Justice Wilmot's.

Q. Do you know any thing of the prisoners?

Wilson. I gave information at Justice Wilmot's of the robbery and of the men I suspected. I was sent for when they were taken; I heard them acknowledge they had robbed the house; I heard Mr. Wilmot ask them whether the rum belonged to me or the man at the Cock; they said they believed some of both; they said very little before me.

Q. Which said that?

Wilson. Richardson; the other said nothing. Richardson and another man were drinking at my house almost all the evening, till I went to bed; I cannot swear whether that man was Meakham; it was a man taller than himself. I found my house dog dead at the door.

Charles Flanagan . When I was searching the house I found this tea chest in the room where I found the other things; Meakham said it was his.

Q. Did they say any thing before the Justice that you observed?

Flanagan. Richardson said they broke the house open, and this was the chissel they broke it open with?

Q. What house was he speaking of then?

Flanagan. The Two Brewers in Brick-lane, Mr. Wilson's. When he could not be admitted an evidence, he said if he could not clear himself, he did not mind being hanged if he could clear Meakham. He told the Justice just as he was going to be committed, if he would make him an evidence, he would produce three that had broke open several houses.

Q. Was there no promise thrown out to him of any sort?

Wilson. No.

Richardson made no defence.

RICHARDSON guilty , Death .

MEAKHAM acquitted .

228. (L.) THOMAS JEKYLL was indicted for falsely making, forging, and counterfeiting an order for payment of money , as follows,

London, Nov. 27, 1772 .

Messrs. Child and Co.

Please to pay Mr. Jepson, or bearer, forty pounds for

Thomas Nedham .

40 0 0

with intention to defraud Robert Child , Esq ; Robert Lovelace , Esq ; Robert Dent , Esq ; and John Church , Esq ; bankers and partners, against the statute.

Second Count for feloniously uttering the said order with intent to defraud the said persons.

Third Count for the like forgery, with intent to defraud Thomas Nedham .

Fourth Count for the like uttering with intention to defraud the said Thomas Nedham , Dec. 2d. ++

John Palmer . I am a ticket porter: I ply at the corner of Castle-alley by the Exchange. On the latter end of last November, about the 27th, about three in the afternoon, a person came to me, and asked me if I was a ticket porter; he handled my ticket, and said, can you read? I said, yes; he asked me whether I knew Mr. Child's shop; he then put a 40 l. note into my hand, and bid me go and get the money for it and bring it back and leave it at Hazard's lottery office; I was told by a friend, I was not safe in leaving it there; the person that directed me to leave it there, not being there to receive it, but it was better for me to go and fetch it back; I went in an hour and a half after, and fetched it back: as I saw nothing of the person that gave me the note; I kept it at the stand till eight o'clock that night, and then took it home with me; the next morning, at a quarter or half after nine, I was crossing the way, and the person was enquiring for me; he spoke to one Farmer; he had forgot my name, and asked for Parker instead of Palmer; at last seeing me, he asked me if I had carried a draft for him, I said, yes, and left the money at Hazard's office expecting him there, but not finding him, I had kept the money for him, and I would go to the office and pay the money to him; I went to the office, and there gave it to him; he asked me what would satis'y me for taking the note; he said I had had more trouble than usual, and asked me if 5 s. would satisfy me; I said 5 s. would; (The note shown him) I know that to be the note by a blot on the four, and I made a remark on the name Thomas Nedham subscribed to it.

Q. Who was the person that brought the note to you?

Palmer. I believe it was the prisoner.

Q. Did you make such observations, and have you such a recollection and knowledge of the person, as to enable you with safety to swear to him?

Palmer. I have not; I am poor sighted; I saw the person four times, but having lost one eye, and having very bad sight, I could not make such observation upon the person, at the time I saw him, as would give me such idea of his person as would enable me on recollection to swear he is the man; I am rather inclined to believe him to be the man: the appearance of the prisoner corresponds with the appearance of the man: I cannot with safety swear he is the person.

William Donaldson . I am one of the clerks in the shop of Mr. Child. I received this draught of the last witness: upon looking at it, tho' it is not a custom where a draught is made payable to the bearer to give it much examination, yet looking at it, I had some suspicion that it was not the hand writing of Mr. Thomas Nedham ; I shewed it to another clerk, and he said he believed it was; I paid the money to the porter who said he was to take it to Hazard's; I marked it at the back, paid to Hazard. (The draught read.)

The ballanced account was produced in which Mess. Child and Co. had taken the loss upon themselves, and a release from all the partners was read.

Mr. Thomas Nedham . It is not my handwriting; the manner of joining the last letter of the christian name, with the first letter of the sirname is different from the manner in which I join it; it is turned the direct contrary way to what I turn it.

For the Prisoner.

Edward Jekyll , Esq. The prisoner is the son of my brother.

Q. How old is he?

Jekyll. Eighteen.

Q. More?

Jekyll. I believe just turned of it, much about eighteen; his general character has been always a virtuous, good boy; for ever obedient to his father; in every respect quite irreproachable, I came up from Portsmouth on purpose; I was very much amazed to hear of this charge; I have a ship at Portsmouth.

Q. You are Captain of a man of war I believe?

Jekyll. Yes.

Q. Have you been pretty much at home?

Jekyll. Ever since the peace.

The Rev. Mr. Davis. I have known the prisoner a great many years.

Q. What is his character?

Davis. A very sober honest good man?

The Rev. Mr. Jekyll. I have known the prisoner from an infant; he is a very modest ingenious young man; he always behaved exceeding well; he lived at home; he has lived the life of a recluse till within these last few months, and great pains has been taken with his education, and he has made a good use of it till this affair; I believe he is a very good scholar.

Acquitted .

(2d L.) THOMAS JEKYLL was a second time indicted for falsely making, forging, and counterfeiting an order for the payment of money , as follows,

London, Dec. 29, 1772 .

Messrs. Child and Co.

Please to pay Mr. William Bird , or bearer, forty pounds for

Thomas Nedham .

40 0 0

with intention to defraud Robert Child , Esq; Robert Lovelace , Esq; Robert Dent , Esq; and John Church, Esq; bankers and partners, against the statute.

Second Count for feloniously uttering the said order with intention to defraud the said persons.

Third Count for the like forgery with intent to defraud Thomas Nedham .

Fourth Count for the like uttering with intention to defraud Thomas Nedham . Dec. 30. ++

John Tracelove . I am a ticket porter, and ply at the Tobit's Dog, St. Paul's-church-yard.

Q. Do you know the prisoner?

Tracelove. There is some alteration; he had his hair powdered and was paler than he is now; he is altered in his hair, his colour, and his cloaths.

Q. Did you always declare that? I am as tender as any body on cases of this sort: did not you swear positively to the knowledge of this young man?

Tracelove. I did believe him to be the person at Sir John's, but his colour, hair and cloaths are altered that I cannot swear to him.

Q. Did you believe the person at Sir John's to be the person you saw before?

Tracelove. I did believe it then.

Q. Do you believe him to be so now?

Tracelove. I cannot in my conscience be positive.

Q. What was your opinion there?

Tracelove. It was my opinion then that he was the person, his cloaths, and his hair, was different, and powdered then, which makes a great alteration.

Q. Had you a doubt?

Tracelove. I told them I believed him to be the same.

Q. Did you express any doubt at Mr. Child's shop?

Tracelove. I told them I believed him to be the person.

Q. Did you speak of any doubt then?

Tracelove. No.

Q. Was the person you apprehended at the coffee-house the person you saw afterwards?

Tracelove. I do not know he was any more than I heard say so.

Q. You was not at the coffee house?

Tracelove. No.

Q. Then the person you saw afterwards you cannot say was the same as you saw the time before?

Tracelove. I believed him then to be the person but cannot positively say he is the person.

Q. You saw him the day after he was apprehended?

Tracelove. Yes, the self-same day.

Q. What was your opinion?

Tracelove. I told them I believed him to be the person that gave me the draught.

Q. Your doubt is with regard to his appearance now not then?

Tracelove. With regard to his appearance now.

Q. You porter for any body with regard to carrying draughts?

Tracelove. The last draught I had was the 30th of December; I called at the Chapter Coffee-house, and a person, that I took to be the person that I saw at Sir John Fielding 's, gave me the draught; I was ordered to go to Mr. Child's with the draught; they stopped me there: I was to have left the money at the bar of Anderton's Coffee-house; they sent me to Sir John Fielding 's, and then they let me go with a bag of halfpence to Anderton's coffee-house; after they had detained me for some time, the master of the Coffee-house said he knew me to be an honest man; then they thought it proper for me to go to Tobit's Dog again, in case I should be sent for by the person that gave me the draught, and desired me not to go out of the way all the afternoon.

Q. Where did you go that day?

Tracelove. I did a job for Mr. Johnson, a bookseller; I staid in the way all the afternoon as they desired me; one of Justice Fielding's people came to me, and asked me several questions, and I thought it most prudent to go to the Coffee-house.

Q. Did you go before the magistrate?

Tracelove. I went with Sir John's man to the Crown, Mr. Montague's, a public house in an alley in Ludgate-street.

Q. Who was present there?

Tracelove. Only Justice Fielding's clerk and I; I cannot tell his name.

Q. Shall you know him again when you see him?

Tracelove. Yes.

Q. What did you declare to that man?

Tracelove. I told him as near as I could the description of him.

Counsel for the prisoner. Strictly speaking the conversation is not evidence.

Counsel for the Crown. Very true; what pased next?

Tracelove. I went to the Tobit's Dog, and from thence home. I went on a little job; when I returned, they told me at the Tobit's Dog that the man was taken: I went to Sir John's.

Q. Was the prisoner there?

Tracelove. Yes.

Q. What did you say to Sir John?

Tracelove. I told him I believed him to be the person at that time.

Q. Now do you know the person that gave you the draught at the coffee-house?

Tracelove. Not in my conscience and heart: I would not say it for all the world.

Q. Did you say any thing about your conscience and heart at Sir John Fielding 's?

Tracelove. I was not asked that particular; I told them I believed him to be the person.

Q. You force me to do what is against my inclination; I must ask you what was your opinion last Saturday night?

Tracelove. I told them I believed the person I had seen at Sir John's to be the person.

Q. Did you say nothing more than that?

Tracelove. Not to my knowledge.

Court. These questions are very proper as reproof to a witness, you must not then take his answer to these questions as evidence.

Q. It puts me under the disageeable necessity of appearing cruel when I mean just the reverse: What did you say on Saturday night?

Tracelove. I told them to the best of my knowledge I believed him to be the person; I did not sa positive: I will not speak against my conscience for the world; I neither desire see nor reward.

Cross Examination.

Q. You mean to say that you never have been positive as to the prisoner's person.

Tracelove. Never, most certainly; not that I can swear to him.

Q. That has been always what you said before the Justice; that you believed him to be the person but could not swear positively?

Tracelove. I did say so.

John Warmhall . I am a clerk in Mr. Child's shop.

Q. Do you remember the draught produced to you?

Warmhall. Yes.

Q. Who brought it?

Warmhall. Tracelove. (The draught shown the witness.)

Warmhall. This is the draught.

Q. to Tracelove. Who did you receive this draught from?

Tracelove. A person at the Chapter Coffee-house.

Q. Do you believe him to be the prisoner?

Tracelove. Yes; I am not sure.

Q. Upon this being produced what passed?

Warmhall. I asked him from whence it came.

Counsel for the prisoner. You must not give any account of the conversation that passed between you and the porter.

Counsel for the Crown. You had conversation relative to searching for the person that you had the note of?

Warmhall. Yes.

Q. What pains did you take, and where did you go in order to find out the person who had sent the note?

Warmhall. I was not sent, but there were people sent from the house to Anderton's Coffee-house.

Q. About what time of day?

Warmhall. To the best of my recollection between twelve and one; I understood the porter to say he came from the Chapter Coffee-house.

Q. Give an account of what measures were taken upon the draught being offered and stopped at your shop.

Warmhall. The porter was desired to walk into an inner room: I staid in the shop.

Counsel for the prisoner to Tracelove. How do you know this is the draught you carried to Mr. Child's shop.

Tracelove. I wrote my name upon it to ascertain it on the 31st at Sir John Fielding 's.

Q. When did you deliver the draught to this gentleman?

Tracelove. Between twelve and one on the 30th of December.

Q. I take it the name was wrote on the draught in order that you might know it again?

Tracelove. Yes.

Q. Should you know it if you had not wrote your name upon it?

Tracelove. I believe I could be pretty certain to it by the letter N.

Q. When was you before Sir John?

Tracelove. The 31st about twelve o'clock.

Q. From the time you delivered the draught to Mr. Wormhall to the time you was before Sir John Fielding ; had you seen the draught?

Tracelove. No.

Counsel for the Crown. Do not consider the circumstances of having put your name upon it look upon the other side.

Tracelove. I know it by this circumstance.

Q. You believe it to be the draught you received at the Chapter Coffee-house do you?

Tracelove. I do.

Counsel for the prisoner. You are not acquainted with that hand writing.

Tracelove. No; I never saw it before the person gave it me, in my life.

Q. You are no judge of the writing; you say you believe it to be same draught by the N and sum?

Tracelove. Yes; by the N.

Q. But not being a judge of the hand writing of the person that wrote it can you be certain to the draught?

Tracelove. I believe it to be the same, that is all I can swear.

Q. How are you sure, it having been out of your custody, that that is the same draught you produced at Mr. Child's the day before?

Tracelove. I believe it to be same.

Q. Did you look particularly at this draught?

Tracelove. Yes; as to the name Thomas Nedham ; because I was to receive the money.

Q. Did you ever see a draught of Mr. Nedham's before?

Tracelove. No.

Q. You cursorily looked at it, and carried it to the bankers to receive the money?

Tracelove. Yes.

John Edgar . I am in Mr. Child's shop.

Q. Do you know Tracelove the porter?

Edgar. Yes.

Q. Did you ever see him come to your shop?

Edgar. Yes; he brought this draught on the 30th of December about one o'clock, and presented it to Mr. Wormhall; he brought it round and shewed it us; in consequence of that the porter was taken into the back room, and I immediately went to Sir John Fielding 's and desired he would send two people with me to go to Anderton's coffee-house to wait the person's coming for the money, agreeable to the information we had received; I staid there about three-quarters of an hour. I left two of Sir John's people there, and charged them not to leave the house while it was open.

Q. Then you are sure that the order was brought you by Tracelove the porter.

Edgar. I am certain of it, because here is the mark upon the back of it, that I am sure of it by; it was not made by me.

Q. Where is the man that made it?

Edgar. Not here.

Q. Did you see the mark made?

Edgar. No.

Q. Independent of the mark do you believe this to be the order?

Edgar. Yes.

Q. Did you make any comment on the name Nedham?

Edgar. No; I believe that to be the draught. The next morning about ten, the person from Sir John Fielding 's that was left at Anderton's coffee-house came with the prisoner to our house in a coach; I took the draught and went with him to Sir John Fielding 's; in consequence of that I was bound over.

Q. What passed?

Edgar. The prisoner said little or nothing; Tracelove was sent for, and he did not admit a doubt of the prisoner.

Court. I cannot admit that evidence, it contradicts your own witness.

Counsel for the Crown to Mr. Wormhall. Are you sure that is the draught presented by Tracelove independent of the mark.

Wormhall. I am certain of it.

Counsel for the prisoner to Mr. Edgar. What distance was you from Mr. Wormhall when the porter came in?

Edgar. The other side of the shop.

Q. It was impossible for you at that time to see the draught?

Edgar. Absolutely impossible.

Q. You said Mr. Wormhall handed the draught to you?

Edgar. He came round himself from the other side of the shop.

Q. What became of the draught?

Edgar. It was given to Mr. Keysal another of the clerks.

Q. When did you see it afterwards?

Edgar. Immediately, as they came back from Sir John Fielding 's.

Q. How long were they gone there?

Edgar. It may be ten minutes; they could not be gone longer than a quarter of an hour.

Q. Who had the draught?

Edgar. I cannot say; I believe it was put into a drawer.

Q. Did you see any thing of it from the time you delivered it to Keysal till it was produced before Sir John?

Edgar. Frequently, and compared it.

Q. You had not the custody of it?

Edgar. It was in a drawer where every body in the house had access to it.

Q. At your house you have a great number of clerks, pray who produced it before Sir John?

Edgar. I did.

Q. Where did you take it from?

Edgar. The place where it was put in over night.

Q. Was this an open place?

Edgar. Open to all the clerks, but not to the servants; I do not mean to imply that.

Q. You did not see the mark made?

Edgar. No; it was not made in my presence.

Q. Do you know who made the mark?

Edgar. It was Mr. Keysal.

Counsel for the prisoner to Wormhall. You say the draught was delivered to you by the porter; I find it did not continue in your possession to the time delivered to Sir John Fielding ?

Wormhall. No; it was not in my possession above two or three minutes.

Q. It was in a place where any body in the house had access to it?

Wormhall. It was in a secure place where our bank notes are put.

Q. You say you believe this to be the same draught delivered by the porter to you, do you say positive?

Wormhall. Positively; I took particular notice of the name William Bird .

Q. Have you any other reason to swear so positively as you do to the draught, but having taken notice of the name William Bird ?

Wormhall. It appeared to be identically the same draught.

Q. It might appear so from being the same words; when a man swears positively it is expected he should give some convincing reasons, that should convince all the world why he is positive; in case a man is trying for his life a man will not swear rashly without some convincing reason; I want to know what that reason was.

Wormhall. My reason was from the name William Bird .

Q. Is that the only reason?

Wormhall. I have no other reason than by taking notice of the sum and William Bird .

Q. I should have thought that where the question was whether it was a forged draught or not, I should have taken notice of the name Thomas Nedham ; for Bird is the name in the body of the draught.

Wormhall. I first looked at the name Thomas Nedham , and there I observed a particular turn; Mr. Nedham had given me an account of before that he never made.

Q. I asked you over and over whether you had any other reason to swear to this draught but the name William Bird , and you have all along confined it to William Bird .

Wormhall. Thomas Nedham first struck me.

Q. How came you to begin with William Bird as the principal reason?

Wormhall. The principle reason for my stopping the porter was the name Thomas Nedham .

Q. You have been saying the reason why you swear so positively to this draught was because you took particular notice of the name William Bird .

Wormhall. In the draught I did; Thomas Nedham was the name it was stopped for as a forged draught.

Counsel for the Crown. Have you any doubt whether this is the draught that was delivered to you by the porter?

Wormhall. None in the world.

William Price . I keep Anderton's coffee-house.

Q. Do you know the person of the prisoner?

Price. I believe he is the person that came to the coffee-house on the 31st of December in the morning.

Q. What time in the morning?

Price. I believe between nine and ten o'clock.

Q. Who did he apply himself to?

Price. He applied to the bar; Mrs. Price was in the bar.

Q. Did you hear what he said?

Price. No; the waiter called me; when I came down, the words to the best of my recollection were, pray sir, is there any money left here for me?

Q. Have you any doubt the prisoner is the person?

Price. To the best of my judgment I believe it is the same person, but I will not take upon me positively to swear he is, one may be mistaken.

Q. Was that person apprehended at your house?

Price. Yes, he was taken into custody.

Q. Do you know that man that took him into custody?

Price. Yes; when I see him; the man took hold of him, and said you are my prisoner, sir; the note is a forged note. The man searched him.

Q. What said he?

Price. The man attempted to put his hands across him; he said he need not be rude with him, he would go with him. I heard him ask him to send for Mr. Nedham.

Q. Did he say any thing to the charge?

Price. I do not recollect that he said any thing more; they sent for a coach and the man and he went away together.

Q. He desired him to send for Mr. Nedham?

Price. Yes; the person said it was improper to send for him there, he might send for him at Sir John's.

Q. Had the name Nedham been mentioned before that?

Price. Not that I heard of.

Cross Examination.

Q. Then the prisoner himself proposed to send for Mr. Nedham?

Price. Yes, I believe he is the person; the person who was there asked to send for Mr. Nedham.

Counsel for the Crown. Do you know what he said to him upon which he desired Mr. Nedham might be sent for; what expressions were made use of just before?

Price. No.

Q. Who was the discourse between at the time the prisoner desired Mr. Nedham might be sent for?

Price. He said that to the man who took him?

Q. What that discourse was you cannot tell?

Price. I heard no further discourse.

William Halliburton . I was sent by Sir John Fielding 's clerk, in the evening between eight and nine o'clock; I believe on the 30th of December, to Anderton's coffee-house; I waited till past twelve at night; nobody came that I saw to apply for any thing; I went back in the morning, betwen nine and ten, the prisoner came and said something to the waiter; Mr. Price was sent for; he came down stairs in some few minutes; when he came down I went up pretty close to them to hear what passed between them; I heard them say something about money; I said young man you are my prisoner; that note is a forged note; I was going to tie his hands; he said behave civil I will go with you; I sent the porter for a coach; he wanted to send for Mr. Nedham; who Mr. Nedham was I did not know; I did not know it was forged in Mr. Nedham's name: the coach came; I took him into custody, and took him up to Sir John's; I called at Mr. Child's shop to tell them I had him in custody.

Q. Who was it you took to Sir John's?

Halliburton. The prisoner at the bar.

Q. What did you find about him?

Halliburton. Only a pocket book (producing it) an ass skin book in it; there was a little bit of writing, I believe of no consequence; there is nothing in the pocket book that relates to this.

Q. to Tracelove. Look at that pocket book?

Tracelove. The person that gave me the draught gave it me out of such a pocket book as this.

Counsel for the prisoner. This is a common almanack case; I suppose you have seen a 100 of them in a stationer's shop?

Tracelove. I do not believe that to be the same pocket book; I said so before the Justice, because I saw an ivory leaf in that, which is not in this.

Counsel for the prisoner. It is not very usual for a person that forged a draught to send for the person in whose name it was forged.

Counsel for the Crown. There is nothing meant in this prosecution but public justice; if you force me to it, I can give a very sufficient answer to that.

Harry Burt . I am clerk to Mr. Albany Wallace.

Q. Do you know Mr. Nedham?

Burt. Yes.

Q. Have you seen him write?

Burt. Frequently.

Q. Tell me whether this is his hand writing?

(showing him the draught.)

Burt. I believe it is not.

Q. Have you seen him write frequently?

Burt. Yes.

Q. For how long past?

Burt. Five or six years.

Q. Will you point out any difference in it?

Burt. I know between the christian and sir name he always makes a dot and a dash.

Q. Is there any thing particular?

Burt. The s is turned different from what Mr. Nedham does in joining the N; this is turned round to the right, Mr. Nedham turns it over and joins it to the end.

Cross Examination.

Q. You have often seen Mr. Nedham write?

Burt. Yes; I have seen him write his name upon the backs of briefs, and he signs his name there the same as when he signs pleadings or the bottom of letters.

Q. You are no way acquainted with Mr. Nedham's hand writing but from a knowledge of his signing briefs and pleadings: don't you know most gentlemen sign briefs and pleadings in a different manner from what they do in common writing when they sign securities; I know I do; it is the only way of security, when a gentleman writes his name so many hundred times; I believe people are not pretty accurate when they write their names on pleadings.

Counsel for the Crown. Did you ever see him write his name to any thing but pleadings?

Burt. No.

Counsel for the prisoner. Did you never see him write his name to any thing but what he was paid for writing?

Burt. No.

Q. Many people forget the dot.

Burt. I have seen him write his name I believe forty times; he never omitted it.

Thomas Strong . I have seen Mr. Nedham write frequently.

Q. During the course of what length of time?

Strong. It may be six or seven years.

Q. You take yourself to be well acquainted with his hand writing?

Strong. Yes.

Q. Look at the draught, is that his hand writing?

Strong. No, it is not.

Q. What are the differences that strike you?

Strong. The joining of the s to the N; it is turned down instead of over, as Mr. Nedham always writes.

Q. What judgment do you form of that as to its being Mr. Nedham's hand or no?

Strong. The letters seem to be cut different, particularly the N, and I think there is a variance as to the T.

Q. What have you seen him subscribe his name to?

Strong. To briefs.

Q. Have you seen him write upon any other occasion; business, letters, or draughts?

Strong. No.

Cross Examination.

Q. You have seen him write in the course of business and nothing else?

Strong. No.

Q. I believe you know that gentlemen vary their names often in signing briefs?

Strong. I generally write one way, I do not know what other gentlemen may do.

Q. This draught seems to me to be the whole of one hand writing.

Strong. Yes.

Q. to Mr. Wormhall. Have you seen Mr. Nedham write?

Wormhall. Yes; I saw him write his name in our book when he first opened an account with us. (Produces the book.)

Q. How long ago was that wrote?

Wormhall. Three or four months I believe; when he first opened account with us.

Cross Examination.

Q. Do you swear that you are well acquainted with Mr. Nedham's hand writing, in such a manner as to be able to form a judgement of it without comparing it?

Strong. Mr. Nedham pointed out a case that was not his drawing.

Q. Suppose you see me now write, not having seen me write before, and never see the paper after, would you venture to think you had acquired such a judgment and knowledge of my writing as to be able to know it afterwards?

Strong. No.

Q. Do you think exclusive of all other circumstances, that you can venture to say that from seeing a man write once, that you can form such a knowledge of his hand writing as to discover it at a month's distance.

Strong. No.

James Martin . I am clerk to Mr. Wallace.

Q. You have done business for Mr. Nedham?

Martin. Frequently, for four or five years last past.

Q. Are you acquainted with his writing?

Martin. Yes.

Q. What is your opinion of this?

Martin. I do not believe it to be Mr. Nedham's hand writing.

Cross Examination.

Q. Have you seen him sign pleadings?

Martin. Yes; I have seen him write his name frequently at the bottom of answers in Chancery.

Counsel for the Crown. I suppose I need not take up time to prove the four partners of the house as laid in the indictment.

Counsel for the prisoner. No.

Counsel for the prisoner to Mr. Wormhall. Had Mr. Nedham any cash at your house at the time that draught was presented?

Wormhall. Yes. (The draught read.)

One of the Jury. I observe there is only one letter disputed in the writing.

Counsel for the Crown. To be sure it is not a pointed objection to any thing, but the T was mentioned slightly.

For the Prisoner.

Edward Jekyll , Esq;

Q. You I believe are captain of a man of war?

Jekyll. Yes.

Q. You are brother I believe to this young man's father?

Jekyll. I am.

Q. Since the peace you have been pretty much at home?

Jekyll. Yes, since the year 1763.

Q. How old is the young man at the bar?

Jekyll. About eighteen years of age.

Q. He must have been at that time about eight or nine?

Jekyll. Thereabouts.

Q. From that time to the present what has been his general character?

Jekyll. His general character has been irreproachable; he is a very sober, virtuous young man, never out of the house: I was amazed to hear this of him at Portsmouth, where I have a ship, upon which I came up to town

Q. He has been well educated?

Jekyll. Yes.

Q. He was pretty much at home with his father?

Jekyll. Always at home; I never knew him go out without leave; he was never absent above two or three hours.

Q. He always acted dutifully to his father?

Jekyll. Yes.

Q. And has had a good education?

Jekyll. His father has the misfortune to be blind, and this young man has always been his amanuensis, read and writ to him.

Q. And he was much at home?

Jekyll. Always at home.

The Rev. Mr. Davis.

Q. You are a clergyman?

Davis. Yes.

Q. How long have you known Mr. Jekyll?

Davis. About five or six years in particular.

Q. What has been his general character?

Davis. A very honest-sober good sort of a lad as can be: I have known his father twenty years.

Q. Did he use to be pretty much at home?

Davis. Always at home with his father.

Q. Was he a dutiful young man?

Davis. Yes, and very diligent and sober.

Q. Did you hear of any complaint or crime or misbehaviour?

Davis. Never in the least.

The Rev. Mr. Jekyll. I have known him from his infancy.

Q. You are related to his father?

Jekyll. Yes.

Q. What has been his behaviour?

Jekyll. Always a very decent dutiful boy.

Q. How long has he been from school?

Jekyll. I do not recollect; he has been very diligent and dutiful, very attentive to his books, and I have seen a great many of his own observations in manuscript.

Q. Did he keep at home and close with his father?

Jekyll. He always kept with him.

Q. Did you ever hear till the present charge the least imputation in the world upon this young man's character?

Jekyll. Not in the least.

Thomas French . I have known him ever since he was child.

Q. Are you acquainted with his father?

French. Yes; I have worked for him many years: I am a cabinet-maker.

Q. What character does the young man bear?

French. As good a character as ever I heard of a young man in all my life, ever since I knew him till within these four or five months; I knew him from a month old; he always bore a good character.

Q. You say a good character till within these four or five months: I believe he has been in the country with his father for some time?

French. Till the time I heard he left his father.

Q. Do you know what has been his character from that time?

French. No; he went into the country and his father went to Bath.

Acquitted .

229, 230. (M.) JOHN PROCTER , and WILLIAM GODLINGTON , were indicted for feloniously assaulting David Roach , Esq ; on the king's highway, with intent the money and effects of the said David to steal against the statute , Jan. 11 . +

It appeared upon the evidence that the prisoners assaulted Mr. Roach, and fired a pistol at him, but as they did not demand any thing they were both acquitted .

(M.) JOHN PROCTER was a second time indicted for maliciously and feloniously shooting at David Roach , Esq; with a certain pistol loaden with gun-powder and a leaden bullet against the statute , Jan. 11th . +

Capt. Roach. On Monday night last, at half after eleven, going to my house at Chelsea, I met two men; the prisoner and the other that was just now at the bar; the prisoner pushed me violently into the gutter; I did not fall by it; I clapped my hand to my sword and asked them what they meant by that: upon which the prisoner immediately fired at me; the ball grazed my head and the paper fell upon my shoulder; I pursued him but heran too fast; I seized the other with one hand, and held my sword to his breast with the other hand. On taking him before the guard he was searched; there was a loaded pistol found in his pocket; he gave me information where to find this man.

Q. Are you positive to this man that he is the person?

Roach. I am quite so; I am very unhappy that I should be so certain.

Prisoner. The pistol was not loaded with ball: when I fired this pistol at Capt. Roach, I thought it was in my own defence, as he assaulted me.

Nicholas Bond . I took the prisoner out of bed with two women by Godlington's information. This small pistol (producing it) is the fellow to that found upon Godlington; I found it in a hole in the chimney as far as I could reach up, I could not find any thing round the room; he denied there was any thing in the room.

Q. Was the pistol loaded?

Bond. No, it was not; I found six bullets which are here, and two pistol flints all together in this hole; when I pulled the pistol out the the others fell down and a bullet mould.

Prisoner's Defence.

Three or four days before this happened Godlington came up to my room and brought this brace of pistols and balls up with him, and desired he might leave them till he called for them; he called two or three days afterwards, and asked me if I would go to Chelsea with him; I said I would; he took these pistols, loaded them with powder, and put them in his pocket; we went to the Black Dog, in the King's-road, Chelsea, where we continued from half after six till eleven that night; I was greatly elevated in liquor as Godlington was also; I stumbled against Capt. Roach, not with any design to molest him; he clapped his hand to his sword, and said, d - n you, you scoundrel, what do you mean by that; I said, what you assault me, if you me an to molest me take that, and fired at him; the captain pursued us; we had no weapons to make our defence with; Godlington had another pistol loaded with powder, without ball; I ran away as fast as I could. The next morning I was apprehended by Godlington's information in bed: I had no design on Capt. Roach.

Q. to Capt. Roach. You do not know whether Godlington's pistol was loaded with ball?

Roach. I cannot tell that because a soldier discharged it.

Prisoner. I beg to have Godlington examined.

William Godlington . There was nothing at all in the pistols.

Q. It did not go off at all then?

Godlington. Yes; one was charged with a little powder; one might have a little powder in it.

Q. Had they any wadden?

Goddlington. Both had a wadden in them?

Q. For what purpose was it to charge with powder without bullets or shot?

Godlington. They were charged for our own defence coming home; we did not intend to do any person wrong, only if we were interrupted on the road to defend us.

Q. to Mr. Roach. Did you feel any thing graze your check?

Roach. I think something passed by my cheek which I imagined to be a bullet.

Q. from the Jury. Was your shoulder singed with any thing?

Roach. The paper fell upon my shoulder; I should be very sorry to declare further; I am to all human probability certain in my own mind the bullet whistled by my head. I should much rather wish he might be transported.

Guilty . Death .

231. (M.) JOHN HAMILTON was indict- for breaking and entering the dwelling house of the Rev. Lewis Bruce , D. D. On the 20th of December , about the hour of seven in the night, and stealing two linen table cloths, value 2 s. one linen surplice, value 5 s. one silver-cup, value 3 l. one silver rummer, value 20 s. two silver salts, value 20 s. one silver snuffer stand, value 10 s. one pair of steel snuffers with silver bows, value 5 s. one silver salver, value 40 s. one silver cruet frame, value 20 s. one silver salt shovel, value 2 s. one pair of French plate candlesticks, value 5 s. and four yards of silk, value 5 s. the property of the said Lewis; two linen sheets, value 4 s. and one stuff gown, value 5 s. the property of Elizabeth Catherine Bruce , spinster , in the dwelling house of the said Lewis .

Elizabeth Catherine Bruce . I am a relation of Doctor Bruce, who has an apartment in Somerset-house ; he is chaplain to the king, at Somerset-house; he is now in Ireland; there is no body in the house but me and the maid. On the 20th of December, we were both out; I went out about one, and returned about nine; when I came home, I found a glass door broke, which goes from the leads into the dining room; we do not make use of it in common; it serves for a door and a window, they had broke a pane of glass, put their hand in, took the key and let themselves in; I saw a good deal of blood about the door, I suppose the man had cut himself. I missed all the things mentioned in the indictment (repeating them); the maid came home first, but did not perceive it till I came home; the prisoner was once a servant of my brother's, and had been frequently in the house.

Ann Lyne . I am servant maid to Mrs. Bruce. I went out on the 20th of December at two o'clock, and came home about eight; I did not go into the dining room before my mistress came home; when I went up with my mistress, we found the glass door broke and the things mentioned in the indictment were gone. (The things produced and deposed to by the maid, as her master's property )

Israel Israel. I am an old cloathes-man; I happened to be at a club we use in Chandos-street; on Wednesday the 23d of December the prisoner came, and I asked him if he had any things to dispose of; he said he had some men's and women's things: I said if he would sell them to me, I would give him a good price for them; he said that I was not the person he did want; I said I would him a good price; then he took me up St. Martin's-lane; he desired me to go to the Coach and Horses, and he would come to me; he did; this was between one and two at noon; I asked him if they were his goods; he said no, they were a gentleman's; he said I could not see them till five o'clock; I said that was no time to see goods; I was going out of the house, he bid me go with him; we went up St. Martin's-lane; he desired me to go to a public house and to get a privateroom; I said he had better take me to his own room: he said he did not chuse that, there might be somebody there he did not chuse to shew them before; after some persuasions he took me to his house; when I went up into his room there was a barber sitting there; the barber went out and he locked the door, and put the key in his pocket, and took me up stairs, and I was frightened, and he took this box from under the chest and produced these goods; he asked me 14 l. for them; I said they were too dear at that; then he said I should have them for 10 guineas and he would give me two cups in the bargain; I told him that was too much; I told him I could not buy them without my scales; I desired to go and fetch them; I went out and made an information; and brought one of Sir John Fielding 's men; we went up stairs, the prisoner was not there then, but he came up just afterwards and we took him.

Prisoner. A great deal he says is not true, I did not lock him in; I did not offer things for so little but a great deal more.

William Taylor . I am a constable: I went with the Jew to this man's lodging; there was a box in the room when we went in; but the prisoner was not there; the prisoner came in and I begged leave to look at the plate he offered to sell; he said I should not, I said I must: the out side of his little finger was cut.

Prisoner's Defence.

On Sunday afternoon when I had done my work (I worked at a barber's to improve myself) about four o'clock, I went up the Strand, as far as Temple-bar; I came back by Somerset-house and thought I would call there to see them; I found the door on a jar, I opened it and went up stairs; I did not hear any body there, so I came down and rung the bell, and as no body heard, I went away again; as I was going out I thought I would turn back and see if the Doctor was come home: I thought I might be wanted to do something, and get a piece of victuals for it; when I went up stairs I saw the glass window broke, and I saw a man with these things, I asked him if he belonged to the house; he said he did belong to it once but he did no t now; I said, is there no body here but you? he said no; I asked what he was going to do with the things, if he was going to take them away, he said he was; he had them tied up in a sheet; he said if I would say nothing he would give me half of them or he would give them all to me to sell for him; I shewed them to the Jew and he took me up.

Guilty of stealing goods to the value of 39 s.

Acquitted of the burglary .

232, 233. (L.) BRIDGET SWINNEY and SARAH GLYNN , were indicted for stealing fourteen guineas and an 18 s. piece , the monies of Thomas Jones , Dec. 16th . ++

Thomas Jones . I am a servant : I am just come out of the country, and am out of place: I had been at the Tower; coming back I lost my way; I asked the two prisoners the way to Newgate-street; they told me they would shew me the way: I said I would satisfy them for their trouble; they said they only desired something to drink: I said I would give them a pint of beer; they said they would have purl: we went into the Baptist's-head in the Old-Bailey; we came out of that house and went down Fleet-lane ; one went before me and opened a door, (No. 4.) the other came behind me and shoved me in; and they shut the door; one laid hold of me and said, will you give me something? I said I have given you a pint of beer: she then said lay hold ball, and she laid hold of my breast while the other pulled my money out of my pocket; I called watch but no watch came: they bid me hold my tongue or they would serve me worse. I kept hold of them, and thought to have kept them, but was afraid they would murder me, so I let them go; they got out of the window; I saw them again the next morning and knew them as soon as I saw them.

Q. from Glynn. Did not you give me a penny in Fleet-lane to get a candle?

Jones. I did not.

Richard Jefferys . I am a constable: I was on duty at the Old Bailey session; a person came to me from the Baptist's-head, and desired me to take charge of a person that had robbed a man of his money; I found the prisoner Glynn, and charged her with it; she denied it, but acknowledged she was in the company of the prosecutor, and drank part of a pint of purl and a quartern of gin at the Baptist's-head; we went into Fleet-lane, and the prosecutor pointed to a house and said this is the house I was robbed in; the people at the next house said they were gone away, that there was a disturbance in the night by a man calling out watch! in consequene of this I took her before a magistrate, and she was committed to Wood-street Compter, the other prisoner the prosecutor himself took in the Old Bailey.

William Rid confirmed the constable's evidence.

Glynn's Defence.

It is as false as God is true; it is because this woman would not lie with him; he gave me two-pence halfpenny for a quartern of gin; I said the best was threepence: she said she would not go to bed without some supper, and he gave me seven-pence to get some; when I came back they were disputing: I asked what was the matter; she said he wanted to go to bed all night and trust to his honour till morning, and he would pawn his watch to satisfy her, and if she would not he said he would call the watch.

Swinney made no defence.

For Glynn.

Thomas Croker . I have known Glynn these eight or nine years; she lodged with me some time and followed washing; I never heard of her being in any crime before.

Eleanor Clue . I know both the prisoners; I never knew any harm of them in my life; I do not know what they are; they came to our house with a man and drank two pints of purl and a quartern of gin the night before they were taken; the man behaved very odd that night; he wanted to put me off with a half-penny instead of a shilling, and wanted his change, and would not pay me but two-pence for the quartern of gin; it was two-pence halfpenny; so I told him he might pay it at the bar.

Both guilty . T .

234. (L.) MARY WALKER was indicted for stealing a linen handkerchief, value 10 d. the property of William Norwich , Dec. 22 d. ++

William Norwich . Being in Guildhall, Pain, the constable, told me my handkerchief was taken out of my pocket, and pointed to the prisoner as the person that had taken it. On putting my hand in my pocket, I missed it; I searched the prisoner and found it upon her. (The handkerchief produced and deposed to.)

William Pain . I saw her pick Norwich's pocket, I told him, and examined her, and found the handkerchief upon her.

Prisoner's Defence.

I found it under my feet and picked it up.

Guilty . T .

235, 236. (M.) LEMUEL LOW and ISAAC SMITH were indicted; the first for stealing 24 oz. of new brass metal, value 1 s. 9 d. and 6 oz. of old brass metal, value 4 d. the property of Edward Darby ; the other for receiving them knowing them to have been stolen , Dec 10 . +

Edward Darby . I am a brass-founder . I have lost at times a great deal of new and old brass; at last I discovered about a pound and a half of that new brass, at Isaac Smith 's, in Peter-street, Cow-cross. I suspected Low, my servant, an errand boy, about eighteen years old, of having stole them; my reason for supposing it was, because nobody had access there but he and me; I looked in a box of which nobody had the key but this boy to fetch things as might be wanted; I had no other servant but a servant girl; I never employed her to go into this warehouse. I found these things at the house of Smith, in Cow-cross: Smith behaved very well and let us take the things; Low confessed before the Justice that he did steal them.

LOW guilty. 10 d. T .

SMITH acquitted .

237. (M.) MARY EMERY was indicted for stealing two pillows, value 2 s. the property of James Lane , the said goods being in a certain lodging room let by contract to the said Mary , Dec. 3 . +

James Lane. The prisoner took a lodging of me; the things were missed soon after; she was charged with it; the things mentioned in the indictment were in the lodging; they were found at the pawnbroker's; she owned she took them.

Prisoner. My husband left me with a young child and big again; I had nothing to support myself with therefore I pawned them.

Guilty 10 d.

(M.) She was a second time indicted for stealing a pair of linen sheets, value 4 s. and two linen pillowbiers, value 4 s. the property of John Wilson , the said goods being in a certain lodging room let by contract by the said John Wilson , to be used by her the said Mary , Dec. 24 . +

John Wilson . Missing the things I charged her with it; she said she had pawned them; according to her description I found them at Martin's the pawnbroker's.

Seth Martin . I took them in; she said they were her own goods.

Prisoner's Defence.

Meeting my husband (he is a gentleman's servant) he desired me to get some money for something, so I pawned them.

Guilty . T .

238. (L) ELIZABETH OLIVER , spinster , was indicted for stealing a linen napkin, a pair of thread stockings, two packs of playing cards, and a pair of stays , the property of Patrick Brown , Jan. 2 . ++

Acquitted .

239, 240. (M) THOMAS BOWDEN and HENRY DAVIS were indicted for stealing an iron crane, value 1 s. an iron blower, value 4 d. and two brass sconces, value 1 s. the property of Walter Wildon , Jan. 2 . ++

Both acquitted .

241. (L.) WILLIAM COOK was indicted for having in his custody two hundred yards of canvass the property of our Sovereign Lord the King , Nov. 16 .

To which he pleaded guilty and was fined 50 l.

242. (M.) DIANA the wife of JOHN WILLIAMS was indicted for stealing two silver table spoons, value 20 s. and a silk gown, value 40 s. the property of John Cudworth , Dec. 10 .

Acquitted .

243. (M.) JAMES OBUN was indicted for stealing a watch, value 30 s. the property of Godfrey Farrel , Dec. 22 . *

Acquitted .

244. (L.) MARGARET ROACH was indicted for stealing a pair of linen sheets, value 20 s. a linen table-cloth, value 10 s. a linen shirt, value 6 s. a pillowbier, value 6 d. and two linen towels, value 3 s. the property of John Cannon , Dec. 21 . ++

Acquitted .

245. (L.) JAMES MACARTY was indicted for stealing two gold rings, value 10 s. the property of persons unknown, Dec. 22 . ++

Acquitted .

246, 247, 248, 249. (M.) GEORGE ORMEROD , JOHN LLOYD , JOHN PERRY , and SAMUEL JOHNSON were indicted for stealing ten guineas , the property of William Silvey Geen . ++

All acquitted .

250, 251. (M.) JOHN HUGHES and WILLIAM SIMPSON were indicted for stealing a worsted purse, value 1 d. and one guinea, one half guinea, and six shillings and sixpence in money, numbered , the property of Robert Smedley , Nov. 27th . ++

Both acquitted .

252. (M.) ANN PHILLIS , spinster , was indicted for stealing a linen sheet, value 1 s. a cloth great coat, value 6 s. and a bed tick, value 1 s. the property of Humphrey Hill , Dec. 26 . *

Acquitted .

253. (L.) JOHN JAMES was indicted for stealing a turnpin sack, value 2 s. and 40 lb. of tobacco, value 10 s. the property of Moses Fonsica , Dec. 18 . ++

Moses Fonsica . I am a tobacconist , and live in Crutched-friars. On the 17th of December, about three in the afternoon, I was told by some persons I had lost some tobacco; I went into the warehouse to examine and weigh the tobacco, and found a quantity had been taken away; I am positive the full quantity was there the day before. The prisoner was a servant in my warehouse.

Charles Riley . I am a watchman. On the 18th of December at five in the morning, I saw the prisoner with a sack upon his shoulder; he was about 200 yards from Mr. Fonsica's; he said he was employed to carry it over night, and not having done it he chose to carry it at that time, and said he was going into the Borough; I suspected him, took him up, and carried him to the watch-house; there I examined the bag; it contained a considerable quantity of tobacco (The bag produced.)

Prosecutor. The bag is mine, and the tobacco is mine; I know it by its having been wetted and put into the kiln to dry, that gave it a peculiar smell.

Prisoner's Defence.

My friends are not here.

Guilty . T .

254. (L.) MICHAEL WELCH was indicted for stealing 2 lb. of tobacco, value 10 d. the property of William Morrison .

John Williams deposed that he saw the prisoner take about 2 lb. of tobacco out of a hogshead upon Cox's key, the property of Mr. Morrison; that then he went and bid himself for about five minutes; that when he came from his hiding place the witness secured him.

The prisoner, in his defence, said, he found the tobacco on the ground.

Guilty . W .

255, 256. (M.) ROBERT PYER and JOHN RONEY were indicted for stealing a mare of a strawberry colour, value 5 l. the property of Richard Plaistow , Esq ; Oct. 9 . +

Both acquitted .

257. (M.) WILLIAM WILLIAMS was indicted for stealing a red cloth cardinal, value 7 s. the property of Henry Grundy Kenshaw , Jan. 5 . ++

Acquitted .

258. (M.) ANN LOWE , spinster , was indicted for feloniously setting fire to the dwelling house of Ann Hughes , widow , Dec. 14 . +

Acquitted .

259, 260. (M.) CHARLES CANNON and JAMES DEVETRY were indicted for that they on the king's highway, on Peter Hare did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a silver watch, value 30 s. a pair of shoe buckles plated with silver, value 6 s. one man's hat, value 1 s. and 2 s. and 10 d. in money, numbered, the property of the said Peter , Dec. 13 . ++

Both acquitted .

(M.) CHARLES CANNON was a second time indicted, for that he in a certain field and open place near the king's highway, on William Smith did make an assault putting him in corporal fear and danger of his life, and stealing from his person two cloth coats, value 18 s. one silk handkerchief, value 1 s. one linen handkerchief, value 6 d. a clasp knife, value 3 d. and one pair of shoe buckles made of base metal, value 6 d. the property of the said William , Dec. 30 . +

Acquitted .

261. (M.) JAMES STONE was indicted for stealing one cloth box coat, value 5 s. the property of Richard Warburton Letton , Esq . Jan. 6th . +

John Clark . I am coachman to Mr. Letton: I went with my master and his lady and set them down at the play; I came home about half after six; I locked up the box coat in the stable; I put the key in at a little hole in at the side of the window in the stable; I went there again about two hours after, in order to fetch my master; then I missed the coat: the key had dropped down from the place where I put it. I suspected the prisoner, as he had been about there; I had employed him to assist me as he was out of place; I did not tell my master of it that night; I told him the next morning of it. I went down to Westminster to look for the prisoner, I left word there that I wanted him; a soldier brought him to me at five o'clock on Tuesday night; the coat was stole on the Monday night; he acknowledged he took the coat, and said he would shew me where it was; he went with me to Plaid the pawnbroker's, where the coat was found pawned by William Hoppington .

Plaid. I am a pawnbroker; I took in the coat of one William Hoppington , on Monday the fourth of January for 5 s. 3 d. (The coat produced and deposed to.)

William Hoppington . I pawned it on Monday night for the prisoner.

The prisoner said nothing in his defence.

Guilty . T .

262. (M.) JOHN HUDSON was indicted for stealing two guineas the property of John Clark , Dec 19th . +

John Clark . I am a journeyman-baker . On the 19th of December last, I lodged at the Pilgrim in Holborn , a house of call for bakers: the prisoner is a soldier , and quartered there at the time; I had some beer in the house; I pulled out my money to pay for it; the prisoner seeing these two guineas kept close to me, and frequently urged me to go up to bed, which at last I complied with; when I went up stairs he went with me; we did not lie in the same room; we each went to our own room; I lay with the waiter of the house, the prisoner with a hackney coachman that lodged there; after I had been gone into the room some time, the prisoner came down; he said he went to fetch a chamber-pot; there was none in the room; I did not hear him come up again but went to sleep. About five in the morning the waiter, with whom I lay, waked me in order to get at the pot; I found that my breeches then were drawn from under, and lay at the top of my pillow beside my head; I said who has been medling with my breeches? the waiter said he knew nothing of the matter, he was just awake; I searched, and the two guineas were gone. On an information received, I went and found the prisoner at the King's-head in St. James's-street; there I charged him with taking my money; at first he denied it, then I told him if he would confess, I would not prosecute him, but he still denied it; at last I searched him, and found concealed in the inside of his breeches a guinea, and 9 s. the prisoner then confessed he had taken it, and had sent half a guinea of the money by a chairman to get changed, who was not yet returned; that he had spent 18 d. I did not make any promise before he made this last confession.

Prisoner's Defence.

I can say nothing to it.

For the prisoner.

Robert Walker . I am a serjeant in the first regiment of guards: the prisoner is in my company; he has been twelve years in the regiment; he always behaved well; he was abroad the last war: the prosecutor told me if I would pay the 12 s. back that was missing he would not appear against the prisoner.

Prosecutor. I afterwards refused it.

Guilty . T .

263. (L.) JAMES WATSON was indicted together with William Reddish (not in custody) for obtaining half a guinea by false pretences from Catharine the wife of John Walker , Dec. 28 . ++

Catharine Walker . The prisoner came to our house on the 28th of December at night; he spoke to me at the bar, and went into the kitchen where my husband was; in a minute after came in William Reddish , and they told him they had two actions against him; Reddish returned back to me at the bar, and told me that he did not mean to take my husband away that night, but he would unless I gave him half a guinea; he called the one an action the other a warrant; I told him I could not give him half a guinea; I asked him what his name was; he said William Owen , a serjeant at mace, and that he lived in Bull-head court, Wood-street; Watson was then in the kitchen; I gave Reddish the half guinea; then Reddish went to Watson as soon as he received the half guinea of me, and they both returned to me at the bar, and demanded a 5 s. 3 d. for him, or they would fetch my husband down stairs; Watson took the money off the bar himself; after that Reddish demanded half a crown for his man, which I gave him: I did not see him.

Q. Did you ever hear Watson say what Reddish was?

Walker. I asked Watson, when Reddish said his name was Owen, if he was brother to the tall Mr. Owen; he said, yes; that was at the time the 5 s. was received for him; then they said if Mr. Walker should be bummed, that was their expression, next day, to c ome to Mr. Owen's office, and it should be settled then; I asked to see the action; Reddish produced it; it was John Jones against John Walker . Watson and he were both together.

Cross Examination.

Q. When was it produced?

Walker. That night.

Q. That was after the half guinea?

Walker. Yes, after the half guinea. and 5 s. they had in all 18 s. they told me if Walker went out of the door, there was one Gennis at the door would take him, and therefore if he went up stairs they would turn their backs and not see him.

John Walker. On the 28th of December Watson came to our house with another man, who afterwards I found to be William Reddish , he came in and had a pint of beer in the tap-room, after that they came into the back room where I was eating my supper with a few friends; I said, Watson, it is Christmas-time, will you eat a little bit of cold beef with me?

Q. You knew him then?

Waalker. Yes; he said he had just crossed the water and could not pass my door without having a pint; he sat down with the other man and eat very hearty; Watson, before he drank his pint of beer out, clapped me on the shoulder, and said, I have a couple of little things against you; I said who took them out against me? said he, I shall not tell you the particulars now; said I, I should be glad to see the actions; he said, go up stairs, take your hat; I would not have you be taken out of your business to night and he said he would communicate the rest to my spouse at the bar; I did not seem to go immediately; he said, why do you not go up stairs? there is Gennis, the officer, at the door, and if you go out he will take you away; said he, this is William Owen ; I said I did not know such a name; he said he is brother to Tom Owen the officer; he said he was a serjeant at mace; I took my hat and went up stairs; I threw the window open to see if there was any body these; I returned and heard them both say, they would be d - d if they would go out of the house without the money.

Q. Are you sure Watson said it?

Walker. They were both together; they both joined in it; I heard them both say that.

Q. What is he?

Walker. He follows bailiffs; he is a Taylor by trade.

Cross Examination.

Q. Where was you when you heard them both say they would not go without the money?

Walker. Upon the stairs.

Q. Who was it they said so to?

Walker. My wife.

Q. You do not know when the half guinea was given?

Walker. It was at that time.

Q. What sort of an action did they tell you it was?

Walker. It is in the constable's possession here.

Q. Was any thing said about searching any where at any office?

Walker. No.

Q. Did you expect any writ against you?

Walker. No.

Q. Did you ever give civility money to any officer before to be excused?

Walker. That is not to this point.

Court. I do not see it will be of any use; if he has once been subject to extortion and fraud, that will not help your client.

Walker. I sent the next day to see if there was any thing out against me, and to search the two Compters.

Q. Why did you go to Wood-street Compter?

Walker. Because he said he belonged to Wood-street Compter; the officer next day fetched the prisoner from over the water, and I had him secured; the other never knew my house nor my person; he must be brought there by the prisoner.

Samuel Clayton . I was present when they came in; I saw Watson go to the bar to Mrs. Walker; I do not know what he said at the bar; after he came from the bar, Watson said he would be d - d if he went without the money.

- Casey. I know Reddish; he is a Marshalsea-court officer, and the night of the 29th of December I went with another officer belonging to the city, having an action against a person; we expected to meet at the Bull; Reddish was there and drank with us; he said, so James Watson has mounted serjeant at mace; I was along with him and we knapped 18 bobs.

Q. to the prosecutor. Do you know whether that William Owen was the man?

Walker. No; I know the other man.

Casey. There is a Thomas Owen come in lately to Wood-street Compter.

Mrs. Walker. I went to the Compter, William Owens followed me; I said I wanted William Owens ; he said his name was so; I told him he was not the man I wanted.

For the Prisoner.

John Burliss . I am a painter; I have known the prisoner fourteen or fifteen years; he has always had a very honest good character.

Thomas Farn . I am a cabinet-maker, in Little Ayliffe-street, Goodman's-fields: I have known the prisoner seven years; I always looked upon him as a very worthy man.

Richard Pearson . I keep a public house in Stoney-lane, Houndsditch: I have known the prisoner five years; he alway bore a good character.

Thomas Stonehouse . I am a taylor: I have known the prisoner about six or seven years; he always bore a good character.

- Bradley. I have known the prisoner four years; he lived two years in the house I did; he behaved well and has always bore a good character.

- Docell. I am a publican in the Borough: I have known the prisoner three years; he always bore a good character.

Guilty . T .

264. (L.) WILLIAM FOWLER was indicted for that he with James Harrison and divers other persons, to the number of 500, did riotously and tumultuously assemble in Guildhall-yard on the 9th of November , and did commit divers outrages, &c. he was also indicted for an assault upon John Patten , a constable . ++

Mr. Tinsdale and Mr. Gates the City Marshals, and Mr. Deputy Judd gave a general account of the riot.

John Patten deposed that the defendant was very active in the riot, and that he joined several others in forcing his staff from him, and burnt it.

Stephen Stratford deposed that he saw the defendant put wood under the engine when it was on fire.

- Shepherd deposed that the defendant struck him; that he assisted to put the hose belonging to the engine on the fire.

John Apethorpe a constable deposed that the defendant and some boys hussled him.

The defendant called several witnesses to his character.

Acquitted .

265. (L.) JAMES FOX was indicted for wilful and corrupt perjury in his evidence on the trial of James Curd at the last session . ++

Joseph Gurney , the short hand writer, deposed, that the prisoner in his evidence on the trial of Curd said, that he himself committed the robbery; that he held two pistols at the prisoner's head, and that Curd was not concerned in it.

See his evidence at large last sessions.

- Zacherly. Curd was tried for robbing me: Curd and the prisoner both came up to me to the foot path; the tallest man, which was Curd, held his pistol against my head before my face; I looked at the pistol and him all the time; Fox took the money out of my pocket; Fox presented the pistol against my breast, the other to my face; they had each one.

Q. Fox did not clap two pistols to your breast?

Zacherly. No.

Q. Then Curd was as much concerned in robbing you as Fox?

Zacherly. Yes, all the same.

Robert Lee . I am the person that took James Curd , the 4th of December last; he was examined the 5th of December last before Justice Wilmot: Fox was admitted an evidence, and there he declared upon his oath that they were both together in the robbery; he said he rifled Zacherly's pockets; he said Curd held the pistol facing his head.

Q. Was this examination reduced into writing?

Lee. Yes. (The information read, in which he gave the same account of this robbery as was given by the prosecutor.)

Prisoner's Defence.

I was very much in liquor when I gave in my evidence: I have no learning at all; I did not know what an oath was when I took it.

Guilty . T .

[Imprisonment. See summary.]

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

Received Sentence of Death, 10.

Matthew Doyle , Samuel Dean , William Brannon , James Bray , Samuel Humphrey , Samuel Male alias May, James Wilson , John Procter , William Peters , Joseph Richardson .

Transportation for seven years, 34.

Thomas Sumners , Margaret Reed , alias Summers, Thomas Rhodes, Timotby Collins, John Duncan , Bridget Swinney , Sarah Glyn , Mary Walker , George Armstrong , Robert Armstrong , William Cotterell , Ann Smithers , Barnard Ribroy , John ford, Mary Casey , Mary Hagan , Joseph Osburn , John Hamilton , Thomas Burrell , Eleanor Fitzgerald , Lemuel Law , Mary Emery, Catharine Gregory , James Stone, John Hudson , Dennis Sillivan , Robert Darling , Patrick Dunn , James Obbs , Henry Herring , Nicholas Marian , Abraham Kitchenside , Richard Reeves , Richard Corpe .

Whipped 6.

John Waller , Michael Welch , Connelius O'Conner, Edward Hunt, Arthur Bradley , James Martin .

Branded, 2.

John James , John White .

Branded and Imprisoned one Month, 4.

Petter Lloyd, Phillip Doughty , William Harris , Robert Green.

Imp. six Months and then Transported, 1.

James Fox .

JOSEPH GURNEY WRITER of these PROCEEDINGS, (Removed from Holborn to Southampton New Buildings, Chancery Lane)

Takes down TRIALS at LAW, PLEADINGS, DEBATES, &c And Teaches the ART of SHORT HAND upon reasonable Terms.

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

*** The Book may be had of all the Booksellers in Town and Country:

JOSEPH GURNEY WRITER of these PROCEEDINGS, (Removed from Holborn to Southampton New Buildings, Chancery Lane)

Takes down TRIALS at LAW, PLEADINGS, DEBATES, &c. And Teaches the ART of SHORT HAND upon reasonable Terms.

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

*** The Book may be had of all the Booksellers in Town and Country;