Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 02 September 2014), December 1773 (17731208).

Old Bailey Proceedings, 8th December 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 8th, Thursday the 9th, Friday the 10th, Saturday the 11th, Monday the 13th, Tuesday the 14th of DECEMBER, 1773.

In the Fourteenth Year of His MAJESTY's Reign. Being the First SESSION in the MAYORALTY of The Right Honourable Frederick Bull , LORD-MAYOR of the CITY of LONDON.

Taken in SHORT-HAND by JOSEPH GURNEY .

NUMBER I. PART I.

LONDON:

Printed for J. WILLIAMS, No. 39, in Fleet Street.

[PRICE SIX-PENCE.]

THE PROCEEDINGS ON THE

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

BEFORE the Right Honourable FREDERICK BULL , Lord Mayor of the City of London; the Honourable Sir RICHARD ASTON , Knt. 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 ++; 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.) First Middlesex Jury.

(2d M.) Second Middlesex Jury.

First London Jury.

John Stead

Tobit Earle

William Walker

George Flaxmar

John Russell

John Hunter

William Curling

William Diggs

John Platts

Richard Mosley

James Mills

William Catro

Second London Jury.

Thomas Hollamon

Joseph Sanderson

Thomas Palmer

Benjamin Boulton

Richard Lacy

John Deacon

John Nicholls.

Christopher Stibbs

William Johnson

Walter Wilson

John Fenton

Henry Marr

Edward Good served part of the time in the stead of Walter Wilson .

First Middlesex Jury.

John Gregory

James Wingfield

Henry Williams

Thomas Greening

Thomas Smith

Hassel Hutchins

John Wigstead

Dormer Heiford

Samuel Pryer

James Simons

Edward Hayes

James Dutton

Second Middlesex Jury.

Thomas Greening

John Sunby

John Aukland

William Wilkes

John Pownell

Wm. Dut. Townsend

Edward Waters

Jonathan Davis

Jonathan Fentum

George Smith

Robert Anderson

Hudson Mason

1, 2, 3, 4. (M.) JOHN RANN , WILLIAM DAVIS, otherwise SCARLET , DAVID MONRO , and JOHN SAUNDERS were indicted for that they, on the king's highway, on Robert Simmonds did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a guinea, and three shillings and sixpence in money, numbered , Nov. 13 . *

Robert Simmonds . I am a vintner at Hampstead. As I was coming to town in the coach, about a quarter before six in the evening, I think it was last Saturday was three weeks, the coach was stopt by five people; they took from me a guinea and three shillings and sixpence; they behaved exceeding civil, and rather begged for the money than used any violent means.

Q. Was it light or dark?

Simmonds. Rather light.

Q. Was it so light that you could observe their faces?

Simmonds. Not to be positive.

Q. Did you observe their dress?

Simmonds. Not at all.

Q. Were they armed?

Simmonds. I saw a pistol in one of their hands, that was all.

Thomas Shed . I drove the coach; it was stopt by five people; three met me on the road; the other two came out of the field; one of them held a pistol to me, and said if I did not stop he would blow my brains out; I desired him to put the pistol down; he did, and behaved exceeding civil.

Q. Do you know any of them?

Shed. I cannot say I did.

Joseph Davis . I was in the coach with Mr. Clark and Mr. Simmonds when the coach stopped; Mr. Clark called to the man and bid him go on; one said, if he did he would blow his brains out; I gave three shillings.

Q. Do you know who they were?

Davis. Monro held the hat for the money. I was leaning out of the window when I delivered the money.

Q. Was Monro dressed as he is now?

Davis. I could not discern the colour of his clothes; I said to the gentlemen that were in the coach, that it was either dark brown or black.

Q. Are you sure to his face?

Davis. I am not positive; he answers much to the person; it was only star light; I delivered three shillings to them.

John Clarke . In consequence of an information that was made at Sir John Fielding 's of a robbery; we went on the road that night, but finding nobody on the road, we went and searched disorderly houses; at the Three Tuns near Knave's Acre, we found the four prisoners, and another man whose name is Scott. On searching Monro I found some shot in his pocket.

Richard Bond . I was with Mr. Clarke on the 13th of November, just after the robbery. On searching Monro, I found some shot in his pocket, and there was a pistol found in the room where they were, loaded with a slug; they were charged then as disorderly; the next morning they were taken before Sir John Fielding .

Q. What time was it they were found at this house?

Bond. Between ten and eleven o'clock; they were in a little room behind the bar. The evidence, Scott, was discharged on Sunday morning; Sir John Fielding looked upon him to be an honest man; he was in his working dress; the Wednesday following he surrendered himself. On the Monday before that Monro sent to Sir John Fielding , and my brother, who is clerk to Sir John Fielding , sent a card for him, and he was brought up.

Q. Was he admitted as an evidence?

Bond. Yes; but Sir John found he told him yes.

Court. What he said at the time he was admitted an evidence for the crown, is not to be made use of against him afterwards.

John Scott . I am a tin-plate-worker, and live in Rupert-street: the prisoners and I made an agreement to go out last Saturday was three weeks; we met with this coach a little on this side the lane going up to Chalk-farm on this side Hampstead; it was near six o'clock; we robbed them of one guinea and six shillings and sixpence in silver.

Q. Had you any arms?

Scott. Yes, pistols and sword.

Q. Who held the pistol?

Scott. John Saunders held the pistol to the coachman, and David Monro received the money out of the coach door in his hat; we went on a little way; we met a horse and a man standing by it; we demanded his money.

Court. You need not mention that.

Scott. Then we went home, and after that we went to the Three Tuns at the back of Knave's Acre; we were in a little back room; a little after ten o'clock Mr. Bond and the other two gentlemen came in to us; they said they were after an information, and they searched us; this pistol was found under the table; it belonged to me.

Q. What became of the rest of the arms?

Scott. I do not know; I believe the sword is at Sir John Fielding 's.

Rann's Defence.

I know no more of the matter than the child unborn.

Davis's Defence.

I know no more of it than the child unborn.

Monro's Defence.

I know nothing at all of it.

Saunders's Defence.

I am innocent of the fact.

For Davis.

William Bagwell . I belong to the Customs: I have known Davis six or seven years; he was intended for some office; he has had a pretty education; he lived with his father.

Q. He is a man of substance?

Bagwell. I know nothing to the contrary.

Q. Does Davis bear the character of an honest man?

Bagwell. I looked upon him as a very good lad.

Q. Before this had you ever heard any harm of him?

Bagwell. People will talk when young men are out of employ.

James Huff . I have known him ever since he was born; he has as good a character as any person I know; his friends are people of character.

Michael Daniel . I am a painter by trade; I have known him fourteen years; he always bore a good character.

William Haggett . I live in Peter-street: I have known him about half a year; I never saw any harm by him or heard any.

Charles Davis . I am his father: he has been delirious several times; twice with a fever and once with the small-pox; he has been twice under Dr. Monro; he was five months at one time, and six at another, that he did not know how even to feed himself; he was always a good lad. I allowed him a sum weekly for pocket money while he was out of employment.

For Saunders.

John Car . I keep a tobacconist's shop in Gray's-inn-lane: I have known Saunders from his infancy; his father is head porter in Gray's-inn; he always behaved very upright; since he came from school he has had the care of gentlemens chambers, and always maintained a good character.

John Hadley . I have known Saunders ten or eleven years; he has always bore a good character; I never heard any thing amiss of him before.

James Mills . I am a victualler in Gray's-inn-lane: I have known him seven years; I have trusted him with hundreds of pounds; he looked after Mr. Rooke's chambers; he has received money at the bankers for me, thirty pounds at a time, and he always behaved honestly; I would trust him with one hundred pounds now if he was at liberty.

Q. Where is Mr. Rooke?

Mills. Mr. Rooke is out of town.

Peter Davis . I am under-steward of Gray's-inn: I have known him ever since he was a child; I never heard any thing amiss of him in my life.

Thomas Barrell . I am a scavenger belonging to Gray's-inn; I have known him ever since he was a baby; I never heard an imputation upon his character before this affair.

John Jones . I have lodged at Mr. Saunders's upwards of three months; the prisoner bears a very good character; I always found he kept good hours since I have been in the house; I never saw him the least disguised in liquor, nor ever saw any ill behaviour by him.

John Hall . I am a servant belonging to the Honourable Society of Gray's-inn: I have known him from a child; I never heard any harm of him.

For Monro.

Ann Denman . Monro had been cleaning a gun that day, that I lent him to go out a sparrow shooting; I gave him a few shot, I believe as much as would fill a tobacco pipe. I have known him from a child; I know no harm of him; I do not believe he ever wronged any body in his life; I have been entrusted in a gentleman's house, and when they have wrote for plate, I have sent Monro to the plate chest, and there never was any thing missing.

Robert Story . I have known him for nine years; I never heard any thing amiss of him; he always behaved honestly.

Richard Jones . I have known him about five years; I have trusted him with five or six guineas at a time, to get change, to pay the poor of Marybone; he always brought me the change honestly.

All four acquitted .

They were a second time indicted for robbing Joseph Davis (another person in the coach) of three shillings .

No evidence was given.

All four acquitted .

5. (2d M.) ALICE COLLINS , spinster, was indicted for stealing two linen sheets, value 10 s. two check linen bed curtains, value 8 s. one check linen bed head cloth, value 1 s. one check linen tester cloth, value 1 s. three woollen blankets, value 5 s. one bed bolster, value 3 s. one brass pottage pot, value 2 s. one copper tea-kettle, value 2 s. one copper saucepan, value 1 s. 6 d. one looking glass in a mahogany frame, value 2 s. two flat irons, value 1 s. one pair of bellows, value 6 d. three stone plates, value 1 d. and one pint tin pot, value 1 d. the property of Philip Morcomb ; the said goods being in a certain lodging room, let by contract to the said Alice , Nov. 12 . +

Philip Morcomb . I live at Westminster; I know nothing of the affair; my wife let the lodging.

Sarah Morcomb . I let the prisoner a lodging about ten weeks ago at two shillings a week; it consisted of two rooms up two-pair-of-stairs; she was with us more than ten weeks; she went away on Tuesday the 12th of November; seeing nothing of her, nor her girl, on Friday, I went up into her apartment, and missed the following things (repeating all the articles mentioned in the indictment); I got a constable to open the door; she had left it locked; I went about to the pawnbrokers and heard of all the things.

Daniel Barrat and William Stokes , pawnbrokers, were called, but did not appear; their recognizance was ordered to be estreated.

Mrs. Morcomb. I saw her before Justice Fielding, and she said she took the room for another woman that she had concealed in the room unknown to me, and that that woman had made away with the things.

William Bowstred . I live with Mr. Maddocks, a pawnbroker; I took in pledge, of the daughter of the prisoner, the furniture of the bed, and two sheets; the sheets were pawned the 27th of August, the furniture of the bed in November. (They are produced and deposed to by the prosecutrix.)

Prisoner's Defence.

I took the lodging for one Mrs. Forrester; she desired me to take it in my name; when I was taken the prosecutor conveyed her away. I have a good character, but my friends are not here; I have nursed in Sir Charles Watson 's family.

Q. to the prosecutor. Do you know any thing at all of a woman that was in the lodging, and that the prisoner says you conveyed away?

Prosecutor. No, she was discharged before the justice.

Guilty . T .

6. (2d M.) SARAH HAYES was indicted for stealing a pair of womens stays, value 2 s. and a linen gown, value 1 s. the property of Hannah Faulkener , widow, Dec. 4th . +

Hannah Faulkener . The prisoner's sister lodges at my house at Knightsbridge; the prisoner came backwards and forwards to my apartment; I missed the things mentioned in the indictment; I took her up, and found them by her information at the pawnbroker's, in her name; she told me where they were, and went with the constable and me. (The things produced and deposed to.)

Eliazer Gibbons. I am a peace officer; I had a warrant from Justice Wright and took the prisoner up; she denied the taking of the things, but when the woman agreed to let her go, she told where the things were.

The prisoner said nothing in her defence but that she was but nineteen years old.

Guilty of stealing to the value of 10 d. W .

7, 8. (2d M.) KASPER GEORGE SWIDDENS and JOHN WARD were indicted for stealing a piece of broad cloth, value 15 s. the property of Joseph Smith , Nov. 24 . *

Joseph Smith . I keep the Falcon in the Borough . I lost a piece of broad cloth last month; it was the lining of a stage coach that stood in my yard; I did not miss it till last Saturday fortnight. which was the Saturday following, when the prisoner, Ward, came to me, and acquainted me he had stole it, and shewed me the coach he stole it from; Ward confessed it at the Rotation Office, where he desired to be made an evidence.

Abraham Carr took the prisoners; he was called on his recognizance, but did not appear.

Ward's Defence.

I never owned that I cut it from the coach at all; I never said any such thing. I lay in the coach in that place several times, having no habitation; as I was coming out one morning, the other prisoner came into the yard with the cloth under his arm, and asked me to go with him to sell it, and we were stopped.

SWIDDENS acquitted .

WARD Guilty . T .

9. (2d M.) JAMES M'DANIEL was indicted for that he on the king's highway, on Hannah Langdon , spinster, did make an assault putting her in corporal fear and danger of her life, and stealing from her person a sattin cardinal, value 10 s. the property of the said Hannah , Nov. 21st . +

Hannah Langdon . I live in East Smithfield. On the 21st of November, about a quarter after eight in the evening, I was coming home from the opposite side of the way, and four or five men met me; one of them, which I believe was the prisoner, knocked me down and robbed me of my cloak.

Q. Was it the same person that knocked you down that took the cloak?

Langdon. I cannot say: the cloak was a figured sattin.

Q. Had you any conversation with these men?

Langdon. No, I never saw them before.

Q. Which of the men was it that knocked you down?

Langdon. James M'Daniel , to the best of my knowledge; he had a whitish waistcoat and trowsers; I saw them by the light of the lamp; I cried murder! and some people came to my assistance; I said I was robbed of my cloak; two men pursued the prisoner, and took him; he had a flapped hat; I did not see his face; he was about the size of the man that knocked me down, and had a white waistcoat and trowsers on when he was brought back: it was a Sunday night; he was taken before Justice Sherwood in the morning.

John Heath I was in a public house; I heard somebody cry out murder! I ran out, and the prosecutrix said she had been robbed of a cloak; I pursued the men; there were five or six in company; when I came up to them, the prisoner set a running, and said here we go; I followed him, and laid hold of him; I turned him round and said I believed he was the person that had knocked the woman down, and pulled this cardinal from under his jacket (producing it); he had on a nankeen waistcoat, a blue jacket over it, and a pair of white trowsers; he said a man gave him the cloak, and struggled to get it out of my hand.

John Hill . I was in a public house with Mr. Heath; we both ran out on the cry of murder; there were five or six together; when we came up to them the prisoner said here we go, and began running; we laid hold of him; I was present when the cloak was found; we pursued him almost to Tower-hill.

Prisoner's Defence.

I did not knock her down. A parcel of men at Iron-gate asked me to go and take a drink with them; we went to Salt-Petre-Bank and drank very hard; coming back there were three men walking with me, and seven or eight behind me; a man came to me and gave me a cardinal and run down an alley; there were people running; I asked what was the matter; I did not hear what these gentlemen said.

Guilty . Death .

10. (2d M) CHARLES MITCHEL was indicted for stealing twelve hampers made of ozier, value 12 s. the property of Samuel Prior , Nov. 1st . +

Samuel Prior . I am a turner in the Strand ; I lost the hampers mentioned in the indictment on the 1st of November; I was informed of it on Monday; I gave out hand bills and advertised them, and on Wednesday, by the information of one Mr. Fisher, I had reason to suspect the prisoner; I went by his information to the Anchor tavern, the north side of the Change; there I found four hampers; (I employ men to make hampers) I believe them to be mine. On Thursday morning I got a warrant and went to the house the prisoner lives at, in White's yard, Rag-fair; I took him there, and found five more hampers, which I believe to be mine; I took him before a magistrate and he was committed. My man will speak to the baskets.

William Wickham . I am servant to Mr. Prior: I went with the warrant to White's-yard, where the prisoner lodged; I found five hampers there in the back yard that belong to Mr. Prior: the prisoner is a basket maker, and keeps a shop there. He said when I took him, that he bought the hampers of a waterman at Billingsgate, coming down from Chelsea; I can swear the hampers are my master's because I made them; I can swear to my work in any part of the world.

Prisoner's Defence.

I make baskets for myself and carry them to Billingsgate; I met with a waterman there; he asked me if I bought hampers; I said yes; he shewed these hampers and asked half a guinea for them; I asked him where he got them; he said he picked them up in the river near Deptford.

Guilty of stealing to the value of 10 d. W .

11, 12, 13. (2d M.) HENRY SAVAGE , WILLIAM ARCHER and CHARLES READING were indicted for stealing a pair of women's stuff pumps, value 3 s. the property of Thomas Rust , Nov. 23 . +

Thomas Rust . I am a shoemaker , and live in Butcher-row, Temple-bar: on the 23d of November, between four and five in the afternoon, I lost the pumps out of my shop; I went out to drink some porter with a friend when they were lost.

John Disdey . I am fourteen years old: I know the consequence of an oath; I am apprentice to the prosecutor. On the 23d of November Archer and Reading came in to buy a pair of shoes; we had none that would fit them; they were very difficult; while they were trying them on, I observed Archer nodding his head to Savage, who was on the outside of the door: he came in; I observed that while I was fitting the shoes on, this man, Savage, clapped his hands behind him, took these pair of women's callimanco pumps from the place where they lay; then he went out and said he would stay at the Black Lion ten minutes for the other man; upon his going out, I got down and considered if I had taken notice of it at that time, that as there were three men, and I was only a boy, they would run away; I bolted the door and locked it, and so kept the two prisoners in; I said as they were difficult to fit I would call my master; I went to him; he came; then I charged them with having taken the shoes; my master sent me for a constable, who took them before a justice; when they were taken, Reading asked my master if he should go and fetch Savage, as he was charged with taking them; he agreed, and Reading went to fetch Savage, who came with him.

Savage Defence.

We had agreed to go together to the Black Lion; I staid out some time; he might nod his head at us to tell us he would come presently; when I went in I said I could not stay long. I know nothing of these pumps; I was surprised at being charged with them: whether it is not a proof of my innocence that when I was charged with this fact, instead of running away, I went back in order to justify myself.

He called several witnesses that were drinking with him when Reading came and said he was charged with stealing the shoes, to prove that he went of his own accord to clear himself.

SAVAGE Guilty . T .

ARCHER Acquitted .

READING Acquitted.

14. (2d M.) JUDITH BONNY was indicted for stealing a cotton gown, value 5 s. a stuff petticoat, value 2 s. a check linen apron, value 1 s. and a linen shirt, value 1 s. the property of Francis Baxter , Oct. 27th . ++

Francis Baxter . I am wife of the prosecutor: I laid out all these things in my apartment upon a box; I found them wanting on the 27th of October; I had not seen them the day before; I made an enquiry after them; I found them pawned at one Mr. Bograve's. (They are produced and deposed to by the prosecutor.)

Ann Bograve . The things produced were pawned to me by the prisoner.

John Lifford . I am apprentice to the last witness; the prisoner called at our house on the 27th; they were pawned for seven shillings.

Prisoner's Defence.

My witnesses are not here; a woman gave them to me to pawn for her.

Guilty . B .

15. (M.) GEORGE WATSON was indicted for stealing a silver table spoon, value 8 s. the property of Thomas Strawn , Nov. 3d .

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

Acquitted .

16. (2d M.) JOHN BEDDINGTON was indicted for stealing two live ducks, value 2 s. the property of George Clements , Nov. 8 . ++

- Baldwin. I am a neighbour of Mr. Clements; I saw the prisoner and the prosecutor struggling together; two live ducks were taken from the prisoner that Mr. Clements claimed to be his.

James Brown . I live next door to Mr. Clements; I know the ducks exceedingly well; I remember Clements collaring the prisoner.

Prisoner's Defence.

I beg you will be favourable to me; I was drunk or I should not have done it.

He called a witness who gave him a good character.

Guilty of stealing to the value of 2 d. W .

17. (2d M.) WILLIAM ELKINS was indicted for stealing three live geese, value 9 s. the property of Charles Lacock , Oct. 30 . ++

Charles Lacock . I lost three geese; the prisoner and Mullins were my servant s.

- Mullins. The prisoner and I stole the geese.

Thomas Reeson . The prisoner brought the geese to me, in company with Mullins; I bought them; I paid the prisoner for them.

Prisoner's Defence.

That man told me they were his own property.

Acquitted .

18. (M.) WILLIAM FLETCHER was indicted for stealing a green cloth waistcoat trimmed with gold lace, value 20 s. one gold tissue waistcoat, value 40 s. two cloth waistcoats, value 30 s. and one pair of leather breeches, value 10 s. the property of Samuel Wollaston , Esq; in the dwelling house of James Manley , Nov. 5th . ++

Samuel Wollaston , Esq . I lodged at Mr. Manley's: I was out of town when my clothes were stolen: I had not seen them for two months; the prisoner had been my servant ten years; I trusted him with the care of the clothes; in October last I sent him up stairs for a particular coat; he did not return.

William Trip . On the 1st of February 1772, a person brought a waistcoat to me, in the name of William Fletcher ; I do not know his person.

John Wood . I am a pawnbroker: I took in of the prisoner, in pawn, four coats and three waistcoats at different times; the first was a pair of stockings, on the 8th of February 1773; the two coats and a waistcoat on the 24th of August; a waistcoat on the 6th and another on the 9th of July; a pair of buckles on the 14th of June; they were all brought by the prisoner; the last time he was at my house was on the 14th of September. (The goods are all produced and deposed to by the prosecutor.)

James Manley . Mr. Wollaston lodged in my house. The duplicates were brought by the prisoner's wife two or three days after he was gone from his master.

Prisoner. I leave myself to the mercy of the court.

Guilty of stealing to the value of 39 s. T .

19. (M.) ROBERT JOHNSTON , Esq ; was indicted for feloniously forging, on the 6th of June , a paper writing with the name Thomas Bevan thereto, purporting to be a bill of exchange , in which paper writing, purporting to be a bill of exchange, are contained the words and figures following, Dublin, May 28, 1773.

No. 113, 22 10 0

Twenty one days after sight please to pay Robert Johnston , Esq; or order, twenty-two pounds ten shillings, which place to account of

Your humble servant, Thomas Bevan .

To John Knox , Esq; and Co. Broad-street, London.

with intention to defraud Richard Howly , against the statute, &c.

Second Count for feloniously uttering and publishing the same bill of exchange, with the like intent, against the statute.

Third Count the same as the first, with intention to defraud Samuel Cappock , against the statute, &c.

Fourth Count for feloniously uttering and publishing the same bill of exchange, with intention to defraud Samuel Cappock , against the statute, &c.

Fifth Count for having the same bill of exchange in his custody, and feloniously forging on the same an acceptance thereof, which said acceptance is to the tenor following

June 2, 1773, John Knox and Co. Entered P. 18.

with intention to defraud the said Richard Howly , against the statute, &c.

Sixth Count for feloniously uttering and publishing the same acceptance, with the like intent, against the statute, &c.

Seventh Count the same as the fifth, for forging the said acceptance, with intention to defraud Samuel Cappock , against the statute, &c.

Eighth Count for feloniously uttering and publishing the same acceptance, with intention to defraud the said Samuel Cappock , against the statute, &c. *

Richard Howly . On Sunday the 6th of June last I saw Mr. Johnston, the prisoner, in the forenoon, at the Grecian coffee-house in Devereux-court; he told me he had been disappointed in a bill he expected to have received money for, drawn by some banker, and accepted I think by Lord Townshend; that he had given this bill to some person in the city to get discounted, and the person would not return it him, to remedy which, he said he had applied to his mother in Ireland, who had sent him a bill for 22 l. 10 s. which bill he said he had given to a Mr. Hunt, his taylor, in order to pay him for a suit of clothes he had of him, and to receive the balance in cash; he asked me if I would walk with him to the taylor's, who lived in a court in Holborn; I went with him; I waited at the door till he came out; he said the taylor had not got the remainder of the cash, but that he would call at the Grecian in half an hour with the balance, after deducting five guineas for the clothes; we went to the Grecian coffee-house and called for something; the taylor did not come till about an hour after, which was I believe between one and two o'clock; Mr. Johnston immediately quitted me, and went with the taylor to another box; when the taylor went out, Johnston came to me and said the taylor was gone to try another friend to get cash for the bill, and would be back in ten minutes; Mr. Johnston and I went out of the coffee-house; he said he would go to the taylor and get the bill back, and requested I would get cash for it; he went to the taylor and I went to a steak house; he returned between a quarter and half an hour after to me at the chop house Wych-street, with a bill; I had not the cash, and as it was a Sunday I thought he could not get the cash of the merchant on whom it was drawn; I went to Mr. Cappock; he gave me cash for it; he remained in the chop house; I received of Mr. Cappock twenty one guineas, a six-and-nine-pence, two shillings, and threepence in copper, and I left the bill with him.

Q. Was Johnston with you at that time?

Howly. No. I went back to the steak house and gave Mr. Johnston the cash. On the Thursday following I was in the city; I called at No. 4, in New Broad-street, where the bill is specified to be payable, and enquired after Mr. Knox; I could find no such person; I went to Old Broad-street; I could find no such person there; I went to a coffee house, and looked over the merchants list; I found there was a Knox and Mercer in Crosby-square; I went there; Mr. Mercer was within; I asked him if he had any correspondence with Mr. Bevan's house at Dublin; he answered, no.

Q. Is Mr. Mercer here?

Howly. No.

Court. Then that is not evidence.

Howly. I went back and enquired at Mr. Johnston's lodgings; I found he had given orders that he should be denied to me.

Q. Where did Johnston lodge?

Howly. In Devereux court; he was not at home I believe. I went to the Grecian coffee-house about two o'clock; there I saw Mr. Cappock; he told me it was a forgery. (The bill produced by Mr. Cappock.) This is the bill I had of Johnston; it is just the same except No. 4; I told Mr. Cappock, agreeable to Mr. Johnston's information, that the parties lived there upon whom it was drawn.

Q. Did you see the prisoner write the name Robert Johnston on the back of the bill?

Howly. No.

Q. Did you ever see him write?

Howly. No; he delivered the bill to me with his name upon it.

Prisoner. He has mentioned Lord Townshend's name; I never said that; it was Lord Townshend's agent; he only heard that insinuated at my lodgings; he breakfasted and supped with me that night.

Q. Are you from Ireland?

Howly. Yes.

Q. Do you know any Thomas Bevan ?

Howly. No; there is a Bevan, one of the aldermen of Dublin.

Q. You do not know the hand writing of this bill?

Howly. No, I am not acquainted with it.

Q. How long have you been acquainted with the prisoner?

Howly. About a month before this transaction, by seeing him at the Grecian coffee-house, and lodging in a house I had lodged in for some months.

Samuel Cappock . On the 6th of June, about six in the evening, Mr. Howly came to me, and asked me if I could give him cash for a small bill; I told him I would if I had it; I asked how much it was; he said 22 l. 10 s. I had that money in my pocket, and I gave it him for the bill; this is the bill; I desired Mr. Howly to put his name at the back, which he did; No. 4 is my own marking.

Q. Was the name Robert Johnston upon it then?

Cappock. Yes; when I received it Mr. Howly told me Knox and Co. whom the bill is drawn upon, lived at No. 4 in New Broad-street; I looked over the bill at night, and observed it appeared to me that the bill, the indorsement, and the acceptance, were all the writing of one person; I told my man to go next day and enquire about it; he returned and told me he could not find any such person as Knox and Co. Mr. Howly came to my house on Tuesday; I told him I thought it a bad bill, and I chose to detain him till I could find Johnston.

Q. Did you know Johnston before?

Cappock. He supped at my house that Sunday evening with Howly. I went before Sir John Fielding with him; he detained him till Johnston could be found; I took a warrant out at Sir John Fielding 's against Johnston; when I went home I called my servants and told them to detain Mr. Johnston if they saw him; Robert Griffin , one of my men, saw Johnston in the Temple, and brought him to my coffee house; I told him I had reason to think it a forged bill, and that Howly was in custody; he said he would take me to the house of Knox and Co. the next morning; I told him the next morning would not do, for I had a warrant against him; I sent for the constable and watchmen, and gave them charge of him, to take care of him till the morning; we took him before Sir John Fielding next morning, when Howly was discharged and Johnston detained.

Q. Did he say where Knox and Co. lived when he said he would take you to their house next morning?

Cappock. Yes; in Broad-street, London Wall.

Q. Did he say any thing about having delivered that note to Howly?

Cappock. He acknowledged it before Sir John Fielding ; I told him I gave the money to Howly, and he acknowledged he received it.

Q. Did he say any thing about the name Robert Johnston at the back?

Cappock. He said it was his hand writing.

Q. from the prisoner. Whether you have had any instructions about the drawer or accepter concerning the bill?

Cappock. I have had some letters from Ireland concerning the prisoner, but not concerning the bill; I have a letter signed Thomas Bevan ; this is the letter (producing it.)

Court. Do you know who that Thomas Bevan is?

Cappock. No.

Q. Did this letter come to you by the Irish mail?

Cappock. Yes; the date is not to it; it says Dublin 10th, 1773; there are two post marks, one is October 13, and the other Oct. 20th.

Robert Griffin . I am a servant to Mr. Cappock, who keeps the Grecian coffee-house.

Q. Do you know the prisoner?

Griffin. I have seen him there several times.

Q. Did you know Mr. Howly?

Griffin. Yes.

Q. Did you ever see Howly and the prisoner together there?

Griffin. Yes; I saw him that Sunday night. I was sent to enquire for John Knox and Co. in Broad-street, New Broad-street, and Broad-street buildings; I could find no such person; then I went to Knox and Mercer in Crosby-square; they knew nothing of any such person; I enquired particularly at No. 4.

Q. How long is a letter coming from Dublin?

Griffin. About six days.

Court. The bill is dated Dublin 28 May, and it is accepted the 2d of June; that is barely five days.

Griffin. I have known it in five days, four days frequently.

Q. Do you recollect the prisoner coming to your master when he was taken?

Griffin. Yes; some conversation passed; he said if my master would let him go home then, he would go with my master in the morning to this Knox and Co. when he was before Sir John Fielding , he said he sent a porter from the Temple-hall to get it accepted, but there is no such man as he mentioned to be found.

Q. Did you hear any thing said about the money?

Griffin. No, I did not hear any thing about it.

Q. to Cappock. Did you put down nothing but No. 4? look at the bill.

Cappock. Yes; I wrote Broad-street.

Prisoner. The morning I had it I sent a porter of the Temple to get it accepted; I cannot be certain whether it is Broad-street or Bread-street in the bill.

Court. It is very plain, it is Broad-street, you may see it. (The bill is shewn the prisoner.)

Henry Timbrell . I keep a coffee-house in St. Martin's-lane; Mr. Cappock called upon me, and told me he had a bill he had given cash for, which he believed to be bad, for he had sent all about Broad-street, and could find no such persons as the bill purported to be drawn upon; I told him there was a Broad-street near Carnaby-market, and I offered to enquire there for Knox and Co. he gave me the bill, and I went from one end to the other of Broad-street, Carnaby-market, on both sides the way, and could find no such person.

Prisoner's Defence.

I am sorry I have not my witnesses. I hope that letter will be considered as circumstantial evidence of Mr. Bevan.

Court. You have had a great while to prepare for your trial: it is incumbent upon you to shew that there was such a man as Bevan, or at least to show that such persons as Knox and Co. had accepted this bill.

Prisoner. Mr. Bevan is a gentleman very well known in Dublin. I beg your lordship will order the letter to be read that Mr. Cappock produced.

(The letter is read.)

Sir,

Dublin 10th, 1773.

A few days ago Counsellor Shiel applied to me in order that I might inspect my books, to find if I had drawn a bill in favour of Mr. Robert Johnston , on John Knox , Esq; and find an entry of a small bill for 22 l. 10 s. as if drawn the latter end of May last, about which time Mr. Knox left London, and counsellor Shiel informs me that a young gentleman of good connexions here is in custody, on suspicion of forging the bill, on account that Mr. Knox is not to be found; yet, Sir, as I am conscious that the bill was drawn by me, I think it incumbent on me to inform you of the innocence of the person you are determined to prosecute for the forgery, and that I am willing to pay it, and take it up; there are several other bills drawn by me in favour of different persons, and regularly accepted by Mr. Knox, which I have been obliged to pay since Mr. Knox left London. I doubt not but you have correspondents here; if you will inclose the bill to any friend, it shall be paid when presented; this letter will be sufficient to indemnify you for so doing, and if you have any doubt, you may be informed of the goodness of the bill and my signature by several of the Irish merchants upon Change.

I am, Sir, though unacquainted,

Your most humble and obedient servant,

Thomas Bevan .

Linen-Hall-street.

Q. to Cappock. Did you apply to know whether any body knew the hand writing of Mr. Bevan?

Cappock. I did not; I received a letter from counsellor Shiel.

Q. Have you that letter?

Cappock. Yes.

Court. Do you know counsellor Shiel's hand writing?

Cappock. No.

Q. How long after this letter was it that you received counsellor Shiel's letter? did you write to counsellor Shiel?

Cappock. I have since this, not before.

Q. How came counsellor Shiel to write to you?

Cappock, He had heard some talk of this, and had seen Lord Clanbrassil.

The court asked the prisoner whether he chose to have counsellor Shiel's letter read, which he declined.

Note, The letter signed Thomas Bevan , and the whole of the draught, appeared to be the same hand writing.

Guilty . Death .

There was an indictment against him for another forgery.

20. (M.) LEWIS JAFFERY was indicted for stealing a surtout woolen coat, value 42 s. a man's hat, value 21 s. three callico handkerchiefs, value 10 s. 6 d. four pair of silk stockings, value 42 s. one pair of gold shoe buckles, value 8 l. 8 s. a pair of gold knee buckles, value 4 l. 4 s. a pair of silver shoe buckles, value 10 s. and a pair of silver knee buckles, value 5 s. the property of Giles Stibbert , Esq ; and a green silk purse, value 1 d. two canvas purses, value 1 d. a wooden box, value 6 d. and thirteen guineas, a half guinea, a quarter guinea, two dollars, value 9 s. a quarter dollar, value 1 s. three roupees and 8 l. 1 s. 6 d. in money, numbered , the property of Alexander M'Farder , Nov. 19 . ++

Giles Stibbert . I live in Red-Lion-Square ; the prisoner had been my servant about four months. On Friday the 9th of November the prisoner was missing after dinner, and the next morning I missed the several things mentioned in the indictment; I went over them accurately, and can swear to the loss of the several particular things; they were taken out of the dressing room, which was open, and to which the prisoner, with the rest of the servants, had access. I went to Sir John Fielding 's, and described the person of the prisoner, and the things; I got some intelligence of him; in consequence of which, he was apprehended at Gravesend, on Monday the 22d. (The clothes, knee buckles and shoe buckles produced) they are the same things I lost. At his examination before Sir John Fielding , he acknowledged he took the things, and that they were his master's and his fellow servant's property. He is a Frenchman born, but can speak English very well; he said he did not receive his wages from his master; he made that a sort of an excuse for committing the robbery. I had given him either one or two guineas, I do not know which; his wages are but eight guineas a year; he had not lived with me more than a quarter of a year or four months at farthest.

Alexander M'Farder . I am servant to Mr. Stibbert. I lost when the prisoner went away 23 l. 6 s. 9 d. in cash, in two or three purses, the same as described in the indictment, and also a little box about fourteen inches long and nine over, in which they were kept; I can swear to this purse which is produced, and the dollar; I know them to be my own; the rest I cannot swear to, but I know I lost such a quantity. I am one of the persons that went down to Gravesend on this intelligence, in order to apprehend him, and took Taylor, the constable, with me; on Monday the 22d of November I found him on board a French trader; he confessed the robbery with the whole circumstances of it, and there was found upon him, by the constable, in my presence, the purses and part of the money, and the coat and hat were found in the other part of the ship.

William Taylor . I am a constable: I went to Gravesend to take the prisoner; I found him on deck; I searched him there, and found one of the purses and five guineas; I found ten guineas more upon him below, and the gold and silver, and some dollars. He acknowledged the money belonged to his fellow servant; that he had changed the silver into gold for the sake of more light carriage; he had one of his master's handkerchiefs about his neck at that time, and one pair of silk stockings; the other three were rolled up together; I found them among his baggage, and the coat and hat were below.

The prisoner said nothing in his defence.

For the Prisoner.

Ann Rowly . I never knew any harm of him.

Mary Forsaith . I have known him a twelvemonth; I never knew any harm by him in my life.

Susanna Alders . He is a very sober honest young fellow.

Rebecca Eyre . He is a very honest lad; I have known him nine months.

Guilty . T .

21. (M.) THOMAS ROWLEY was indicted for stealing ten live hens, value 10 s. and three live cocks, value 3 s. the property of Thomas Seymour , Nov. 19 . *

Thomas Seymour . I live in Germain-street; I have a house at Brompton. Last Friday fortnight I was informed some of my poultry was missing; I went over to Brompton and missed thirteen; ten hens I believe, and three cocks; I immediately sent notice to the poulterers and bird shops, and offered a guinea reward to any that should discover the thief, on conviction; the next day I found ten bantams and three polands at a poulterer's; there was one I could swear to, a bantam cock; I had cut his comb myself about two years ago.

William Goff . I never saw the prisoner till the night he was taken. I bought ten bantam fowls of Mr. Row in the market; I received a notice of Mr. Row that they were stole from Mr. Seymour, and I informed Mr. Seymour of it.

Joseph Row. On Friday the 19th of November, about eight or nine o'clock in the morning, the prisoner came to me in Newgate-market, and said he had some fowls to sell, and desired me to lend him a basket; I did, and he brought ten bantam fowls in it, and two bags with three pullets, and three hens; about eleven o'clock Goff came and saw the bantams, and bought them of me, and took them away. The prisoner bred fowls himself, and lived somewhere about Battersea. I agreed to give him 17 s. for the sixteen fowls; I paid him half a guinea, and he was to call for the rest; I received a notice at night and sent to Goff.

James Lewis . I am servant to Mr. Seymour; I missed the fowls from his house at Brompton on Friday; I saw the ten bantams about eleven or twelve o'clock on Saturday at Goff's; there was one black hen, six white hens, and three cocks, and on Monday I saw the three pullets at Mr. Row's; I can swear they are my master's property; I fed them night and morning.

Q. Can you swear to the three you saw on Monday?

Lewis. Yes; one had a broken leg tied up just by the body.

William Rogers . I am servant to Mr. Seymour: I have looked over the fowls; to the best of my knowledge they belong to my master; I know the black bantam hen by the specks; I know the bantam cock by his comb.

Prisoner's Defence.

I bought them of a couple of countrymen on Friday morning.

Guilty . T .

22. (M.) WILLIAM HUGHES was indicted for stealing two bushel of oats, value 4 s. the property of William Thompson . ++

William Thompson . I am a hackney coachman , and live in Warner-street, Cold-Bath-fields ; Mr. Walker, another coachman, keeps coaches in the same yard with myself; the prisoner was a helper to us both; I missed oats several times; I was told the prisoner had confessed stealing them; I took them before Justice Girdler; there he confessed he had taken oats twice from my lost in Red-Lion-yard, where the stables are; the oats stand now in a sack; I have not measured it; I cannot positively swear it is my parcel of oats, but the prisoner positively owned they were the oats he had taken from me.

William Roper . I formerly kept the Ben Johnson 's head, Cold-Bath-fields; I left it in August last; I was there on the beginning of November; Mr. Walker called me to the door to be a witness to their conversation; he asked the prisoner where he bought his oats lately; he said master, if you will say no more about it, I will tell the truth; he said he had taken the oats from Thompson's lost in order to feed Walker's horses. Mrs. Walker had given him money to buy the oats; he spent the money and so got the others oats; this he acknowledged before me; he went to Ben Johnson 's Head to bed; they sent for a constable and took him into custody; the next morning he confessed the same before Justice Girdler.

Prisoner's Defence.

I am innocent of the charge.

Guilty of stealing to the value of 10 d. W .

23. (M.) GEORGE WATSON was indicted for stealing one silver table spoon, value 8 s. the property of Thomas Crocket , Nov. 9 .

Thomas Crocket . I keep Pon's coffee-house in Castle-street ; on the 9th of November last, the prisoner came into my house, between six and seven in the evening, and called for a glass of brandy and water; I served him with it; he staid about a quarter of an hour reading a newspaper; after he had read the paper he asked for a bason of soup; a waiter carried it him with a silver spoon in it; I did not much observe him I was in another part of the coffee room; all on a sudden I was told this man was gone, and the silver spoon was missing; it was dark and in vain therefore to think of pursuing him; he had not paid for either the brandy and water or soup; he left the soup behind him; I met him by accident about the Wednesday fortnight afterwards in the street; he was then in the custody of a constable on another occasion; I went before Sir John Fielding and charged him with this robbery. I am very sure he is the man that was in the coffee house at that time to whom the spoon was given.

Joseph Armstrong . I am a waiter at Pon's coffee house; I am sure the prisoner is the man that came into my master's; I served him with the soup, and a spoon was in the bason; it was between six and seven o'clock when he had the soup given him; he tasted it once or twice; when he had done that, I turned my back, and he took opportunity to slip out of the door of the coffee house, and took the spoon with him; I missed it directly as he was gone; I informed my master of it; I am quite positive the prisoner is the man.

William Holland . I am another waiter at Pon's coffee house; I remember his being there; I am positive he is the man.

Prisoner's Defence.

I went out from my lodgings in King-street, Drury-lane; on that day I went to Mr. Harrison's, at the Three Kings, opposite the Buffalo, in Bloomsbury; I had some gin and water there; about seven o'clock there was a very large eel sent for some gentlemen's supper; I staid the dressing of the eel; I staid there till after ten o'clock, and never was out of the house; I was told I should be called up the last day of the sessions. Mr. Harrison is at Hicks's Hall, or he could have proved I was at his house.

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

Guilty . T .

There was another indictment against him for a crime of the same sort.

24, 25. (M.) CATHERINE FAGAN and MARY DALEY were indicted for stealing three guineas, and half guinea , the property of Thomas Pruant , Nov. 21 . +

Thomas Pruant . The prisoners took me to bed with them three weeks ago come Sunday.

Q. Where was it?

Pruant. In York's court, East Smithfield .

Q. What are you?

Pruant. A coal porter .

Q. You are not a married man I hope?

Pruant. No.

Q. What time did you go to bed with them?

Pruant. Between nine and ten o'clock on Sunday night.

Q. Was you sober?

Pruant. Not very sober; a little time after I had been in bed they took three guineas and a half guinea.

Q. How do you know you had that money?

Pruant. I gave a shilling for the bed, and then I saw the money; it was in a purse; I staid there all night, but they went away and left me by myself; I went to my lodgings.

Q. Was this woman in the house at the same time? she was not in bed I hope?

Pruant. No.

Q. Only these two?

Pruant. Only one was in bed with me.

Q. Which is Fagan?

Pruant. That young woman; the other two were at the fire; the woman (Fagan) took me from the Swan just by there; the other two women I found in the room.

Q. She had been drinking there?

Pruant. I went to have a mug of beer there and saw her; I missed it about ten o'clock.

Q. Were they gone then?

Pruant. Yes.

Q. How came you to lie there then?

Pruant. My breeches were gone; the old woman brought them; she got a light and got them from the bedside.

Q. What time did she bring the breeches?

Pruant. About twelve at night I believe.

Q. How came you not to go then?

Pruant. I did not know where I was.

Mary Delvin . I live along with Catherine Fagan ; the other is her daughter; she has owned her for her daughter; I was down stairs; I came up to warm myself and Mary Daley was a-bed with him.

Q. What time of night was this?

Delvin. Between nine and ten o'clock; I came to this Mary Daley ; she handed the breeches from the prosecutor's head and gave them me; I took three guineas and a half, and we equally divided it; I laid the breeches down at the side of the bed. Daley does not live with her mother.

Fagan's Defence.

This man and this woman had been at her own lodging before they came to me; they were both three parts in liquor; they sent out for some supper; I had neither art nor part in the breeches; nor the money; this man took some distaste at her house, and would not lie there; how they cooked it I do not know.

Daley's Defence.

I went into the Swan in East Smithfield accidentally; he asked me to sit down and drink some beer; I did; then I drank some peppermint with him; he asked me if I would shew him where I lived; I did; when we went in where my lodgings were, he sat down and called for a shilling's worth of liquor, and a pot of half-and-half; he desired me to make the bed, and after that took some distaste; he would not stay; knowing this woman some time, I went up into her room, and asked if she had a bed to let; I asked him if he would make me a present for my company; he said he would after I was got into bed; I was going down stairs; he said I might trust his generosity; I went into bed for a quarter of an hour, when Catherine Fagan sent down for the witness Mary Delvin and put the fire out; he said his head was not high enough; Delvin said, O my dear, I will put your head higher; she made a ruffling under his head; when Mrs. Fagan came up, she asked who put the candle out; he sat up in the bed to eat his victuals; he would not make me a present; I got up and went down to the White Swan again; then I went home to my lodgings; I only saw half a guinea he changed at the White Swan.

Prosecutor. It was you found fault that my head was not high enough.

Both Guilty . T .

26. (L.) JOHN HALL was indicted for stealing a linen handkerchief, value 10 d. the property of Samuel Heberdine , Oct. 25th . +

Samuel Heberdine . On the 25th of October I lost a handkerchief out of my pocket in Fleet-street ; it was soon after given me again by a gentleman on the end of a stick as he took it off the ground. (The handkerchief produced and deposed to by the prosecutor.)

John Ogleby . I was walking along pretty fast; I saw the prisoner pull something out of Mr. Heberdine's pocket; it was dark; I could not see what; I believe a handkerchief; I laid hold of the prisoner, and asked him if he had lost a handkerchief; he felt in his pocket and missed it; the boy offered to be searched but a gentleman picked it off the ground.

Prisoner's Defence.

I saw nothing of it.

Guilty . T .

27. (L.) FRANCIS CHISWICK was indicted for stealing 4 1/2 lb. of tobacco, value 1 s. 6 d. the property of persons unknown , Nov. 6 . ++

Acquitted .

28. (L.) ALEXANDER CALENDINE was indicted for stealing 3 1/2 lb. of tobacco, value 2 s. the property of persons unknown , Novem. 6th . ++

William Selwin . I saw the prisoner take about three pound and a half of tobacco out of a hogshead upon the keys. I immediately secured him.

The prisoner said nothing in his defence.

Guilty . T .

29. (2d M.) ANN CHATHAM was indicted for stealing twenty-eight yards of printed linen cloth, value 50 s. the property of Richard Tomlinson , privately in his shop , Nov. 2 . ++

Richard Tomlinson . I am a linen draper : I live in Castle-street, Leicester-fields ; the prisoner came into my shop about eight o'clock in the morning, of the 2d of November; she had a yard of cloth; she left eighteen-pence for it. In the afternoon Mr. Jenkins brought me twenty-eight yards of linen she had offered to pawn. (The linen produced and deposed to by the prosecutor). I had these in my shop at that time; I did not miss it till about twelve o'clock.

David Jenkins . On the 2d of November, about eight in the morning, the prisoner, and a woman that is admitted an evidence, came into the shop, and desired to see some linen; she ordered a yard to be cut off, and paid for it; then they ordered two yards more to be cut off, and they would call for it in the afternoon; Mr. Grubb brought the linen about twelve in the afternoon, and asked if I knew it; there is a mark upon one of the pieces, by which I knew it to be Mr. Tomlinson's property.

Mary Bond . The morning this linen was stole the prisoner brought it to me; I live in Dyot-street; she asked me to pledge it for her; I sent Sarah Hogg to pledge it; this is the linen that was found in my room by Mr. Grubb; Hogg went with two pieces; she was stopt; the rest was left in my house.

Sarah Hogg . Mary Bond desired me to pawn two pieces of linen; the pawnbroker stopt me; I carried it all to the pawnbroker's.

Q. How came any to be left in the house?

Hogg. That is unknown to me.

Charles Grubb . I am a constable: I was coming by Mr. Murthwaite's; he said a woman had been to pawn some linen; I went back and saw the woman; she said she had it of Mary Bond ; I went up to her room, and there I found the three pieces that the gentleman lost.

Hogg. What I had to pawn was from Mary Bond .

Bond. The prisoner gave that to me that I gave to Hogg.

Hannah Mumford . The prisoner and I went to the gentleman's shop and took the linen out, and Ann Chatham gave it Mary Bond to make away with.

Q. Who took it?

Mumford. The prisoner and I; we went with a pretence to buy a gown; we took it off the compter.

Prisoner's Defence.

I was going to market; I met Mumford; she asked me to go with her and buy a yard of linen; I went into the shop with her; I left her; I never saw any more of her till I was taken up; I never saw the linen; I never touched it; my witnesses are all gone home.

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

30. (M.) THOMAS JONES was indicted for stealing five guineas, the property of John Goldwell , in his dwelling house , Oct. 13 . +

When this prisoner was put to the bar to be arraigned, he appeared to be deaf and dumb; the Court directed the sheriff to impannel a Jury, to try whether he stood dumb through obstinacy, or by the visitation of God; a Jury were accordingly returned by the sheriff, who after hearing the evidence of Fanny Lazarus , who had known the prisoner several years, brought in their verdict,

"That he was dumb by the visitation of God."

Fanny Lazarus was sworn interpreter: she interpreted to the prisoner by signs.

Mary Beach. I live with Mr. Goldwell, who is a haberdasher and hosier in Oxford-street . On the 13th of October the prisoner, who had been once before in our shop, came and made signs for a pair of stockings; I reached him a pair; I made signs to him by my fingers that they were five shillings; he gave me a guinea to change; I pulled out the till and put it on the compter to give him change; he put his hand in and took out four shillings and sixpence, and laid on the compter, which I imagined he thought enough for the stockings; I took but four shillings and sixpence of him, and gave him change out of the guinea; I put the till in its place, and he went away immediately; I took the till out about ten minutes after he was gone, to set it right, because I do not give change out of that till, but as the compter was full I could not leave it to go to the other counter; I told it over and missed five guineas; I perceived by my eye there were some missing before I told them; I had told them about nine o'clock, this was about one; I had not opened the till all the morning before; after I told the money there were thirteen guineas in the morning, and eight when I looked at them again; nobody else could have access to it; in about three weeks after he came again, and made signs for a pair of stockings. (The witness was taken with a fit and obliged to be carried out of Court.)

Ann Skulthaw . I live with Mr. Goldwell: I remember the prisoner coming in for the stockings the beginning of November; he made signs for a pair of stockings on the compter; we were both in the shop; the last witness said it is the dumb man; I said, is it the dumb man? upon that he ran out of the shop, and I ran after him; I thought by that he understood what we said; I called out; a hackney coachman pursued him, and he was taken and brought back in about a quarter of an hour.

Q. Did you speak very loud, or very eager, when you said, is it the dumb man?

Skulthaw. No.

Cross Examination.

Q. You was not present the first time he came?

Skulthaw. No.

Q. When you spoke to the other witness did you make any signs?

Skulthaw. No.

Q. You serve in the shop I believe as well as the other witness?

Skulthaw. Sometimes.

[Mary Beach returns into Court.]

Cross Examination.

Q. The other witness served in the shop as well as you?

Beach. Yes, sometimes.

Q. When he came into the shop he made signs?

Beach. Yes.

Q. You thought him both deaf and dumb?

Beach. Yes.

Q. All that passed between you was by signs?

Beach. Yes.

Q You had seen the till at nine in the morning; you had not been all the time in the shop?

Beach. No, I had only been out to breakfast.

Q. Many people I suppose were served in the shop from nine to one?

Beach. Yes.

Q. When he went away you did not miss the money, or see him take it?

Beach. No; I missed it about ten minutes after he was gone.

Prisoner's Defence.

I went to buy a pair of stockings, and paid for them, and about three weeks after, as I was going past, they sent many people after me, to hold me fast for nothing at all.

Fanny Lazarus . I have known the prisoner five years: his father lives abroad; his father is a great man, and remits him money from Holland to keep him: he has received money at my house; he is very honest and well behaved.

Richard Dignam . I am keeper of Clerkenwell Bridewell; the prisoner was three weeks in my custody; he never shewed the least that he heard any thing that was said.

Beach. Nobody had access to the till but me; the key was in my pocket all the morning.

Q. from the Jury. You are servant to Mr. Goldwell?

Beach. Shop-woman.

Q. Has he a master key to that till as well as you?

Beach. No; he puts all the power over it in my hand.

Q. Had you a view of that part of the shop from the room you was in?

Beach. Yes.

Guilty of stealing the money, but not guilty of stealing it in the dwelling house T .

See him tried for a crime of the same sort No. 456 in the last mayoralty.

31, 32. (L.) JOHN HARDING and WILLIAM ROOKER were indicted for breaking and entering the dwelling house of Bate Trotman , widow, and Joseph Croft , on the 28th of October , about the hour of eight in the night, and stealing four pair of silver salts, value 4 l. 16 s. two pair of plated salts, value 25 s. two silver milk pails, value 2 l. 12 s. three silver tops for castors, value 3 s. and a plated coffee pot, value 2 l. 10 s. the property of the said Bate Trotman and Joseph Croft , in their dwelling house . ++

Bate Trotman . I am in partnership with Mr. Croft, in the brokery business; the place where our goods are, is not a house, but only a shed; the porter lies there. I know nothing of the stealing of the goods; I only know that they are my property.

Joseph Croft . I know nothing of the fact, the goods were produced before the alderman in the possession of the prisoner.

Peter Kennedy . I am porter to the prosecutors: on the 28th of October, about five o'clock in the evening, I locked the door and went to Exeter-street to supper; I returned at eight o'clock and took the key out of my pocket to unlock the door; when I put my hand to the door it flew open, and I saw the prisoner Harding.

Q. Do you know whether these things were in the shop when you went out?

Kennedy. Yes; I put the coffee pot on a side table, and the other things on a shelf, four or five minutes before I went out; when I came home, to the best of my knowledge, there were three men in the shop; I am sure there were two, and that Harding was one; I cannot swear to Rooker; Harding was striving to get out, and another man knocked me down with his fist; I got up as soon as I could, and pursued them; Harding ran down Temple-lane; I cried, stop thief! and a coachman jumped off his box, and we took him; I found on him two salts, two pails, and a milk pot, we brought him to a public house and charged a constable with him, and then he threw the salts down upon the table.

Richard Dignam . I attend the Rotation Office in Litchfield-street. On Friday the 29th of October, as I was sitting at the Jolly Coopers, near Clerkenwell, a person came to me, and said Chivers desired to speak to me; I asked him what was the matter; he said he believed he had done something bad; I bid him meet me at the George in Grafton-street; I met him there, and he told me the two prisoners and he had broke a house open, and produced two glasses, a salt, and two chissels, and asked me to get him made an evidence; I told him I could not say any thing to that till he came before the gentlemen; Chivers said I might meet with them at the Cock in Fleet-market; as I was going to the Cock, I heard Harding was apprehended; I went to Guildhall, and there I saw Harding in custody; I then went in pursuit of Rooker; I met him in Fleet market, and took him in custody, and had him to the Rotation Office in Litchfield-street; I searched him but found nothing but some pick-lock keys upon him. (The pick locks produced). They are what they call in their cant language dubbs.

Harriot Ryland . I live in Fleet-lane, along with Robert Chivers ; he went away from me between five and six on Thursday night.

Q. Do you know Rooker and Harding?

Ryland. Yes. Chivers desired me to come to the Black Lion in Wych-street, and he would have something for supper; I was informed he was gone out with Rooker and Harding; I saw them afterwards; I heard Chivers standing under St. Dunstah's church, at Mr. Trotman's shed.

Q. Were they within or without the shed?

Ryland. Without.

Q. What were they doing?

Ryland. I do not know.

John Weath . On the 28th of October, about eight o'clock, or a little after, somebody came and told me this shop was broke open; I went directly; they told me the man took down the Temple; I went as far as the Middle Temple Gate, and some people were bringing Harding up; we took him to a public house; I said I must search him; he said I need not search him, and took out of his pocket nine salts, two milk pails, a milk pot and tops for castors; he said he was very sorry for it.

Richard Smith . I am a coachman; I took John Harding in Temple-lane; I found a coffee pot upon him; I delivered it to Mr. Weath.

Weath. That is the coffee pot that is here. They cried out, stop thief! I saw him turn down Temple Gate; I pursued and overtook him.

Robert Chivers . I met Rooker and Harding about seven o'clock; they asked me to fetch these tools, which they asked me to carry home; before I did fetch them, they agreed to go to some shop to break it open; I stood and covered them; I did not enter the shop: they wrenched the staple off the door and then got into the shop; Rooker gave the things to me; this young woman stood by. I was afraid to have any thing to do with them; I took hold of the corner of her apron and chucked them into it; she was going to throw them into the kennel; I bid her go with them. They bid me fetch a candle; going to Temple Bar, I heard that Harding was taken. In the passage by the church I saw Rooker and this young woman talking together; he asked me to get the things to go out again; I said I was afraid. I drank a pint of beer with him, and left him, and went home.

Q. to Kennedy. What sort of a place is this, how many rooms does it consist of?

Kennedy. No more than one.

Q. Did any body lodge there?

Kennedy. I did; and there is a fire place there.

Q. Do you constantly lodge there?

Kennedy. Yes, every night.

Q. What has it been the custom always for the porter to lodge in the shop?

Kennedy. Yes, since my master and mistress took the shop I have lodged in it.

Q. Before that do you know whether the shopman or porter used to lodge in it?

Kennedy. I cannot tell that.

Harding's Defence.

The night this unfortunate affair happened I had been at the Black Lion in Wych-street; Chivers was sitting at the same time there; he went out and staid for the space of some minutes; he came in again, and asked me if I was going home, but in the mean time made me as much in liquor as possible; I answered in the affirmative, and said as he was going part of my way I would accompany him; I knew him, but did not know what course of life he followed; when we came by St. Dunstan 's church he went without hesitation to a shop; if it had been broke open it was before he went in at the door; he gave me some things and desired me to put them in my pocket; as he was going to carry them down to Fleet-market, and he had more than he could conveniently take himself, I accordingly took them and put them in my pocket, and he went to get a candle, and then this person, I take to be Kennedy, came and went in, and finding the door open, two people rushed out, and struck him down, and I being terrified, as I had the property about me, and dreading the consequences seeing them run, I ran as fast I could; a number of people pursued me, and I went down Temple-lane, where I was stopped, and the property taken from me that is now produced. I am really innocent of the robbery, and of any intent to commit it.

Rooker's Defence.

I am innocent of the affair; I have been in company with that Chivers; I was with him at the Black Lion the night the robbery was done; after he was gone about an hour, a report was brought that this Harding was in custody.

Q. to Kennedy. Which knocked you down?

Kennedy. I cannot say.

For Rooker.

John Eynion . I am a goldsmith: I have known him from a child; he is in the button way; I never heard any thing amiss of him.

Ann Fowler . I have known Rooker four years: my husband worked with him; I never knew him to bear any other than an honest character.

Elizabeth Gray . I am a fruiterer in the market: I have known him ten years; I never heard any thing amiss of him.

For Harding.

Jonathan Ismay . I have known Harding from his infancy; he came out of the country about two years and a half ago; I never knew any thing amiss of him. His father and mother are very honest people.

HARDING guilty of stealing the goods but not guilty of the burglary . T .

ROOKER acquitted .

33. (2d L.) SOLOMON MOSES was indicted for stealing a linen handkerchief, value 10 d. the property of a person unknown , Nov. 29 . ++

William Pain . On the first day of the poll last Saturday was fortnight, I went towards Guildhall, after dinner; I saw the prisoner in Guildhall attempting at several gentlemen's pockets; at last I saw him take a handkerchief out of the pocket of a gentleman; I told the gentleman of it; I took hold of him with my left hand and the gentleman with my right, and told him he had lost his handkerchief; he missed it; I opened the prisoner's breeches and drew it out. The gentleman lived in the country, and said he could not appear.

Prisoner's Defence.

The gentleman could not swear to the handkerchief; he could not find any thing else than my own handkerchief; that was my handkerchief.

Q. from the Jury. Was there any other handkerchief upon him?

Pain. No.

Guilty . T .

34. (2d L.) JOHN WESTWOOD was indicted for stealing a silk handkerchief, value 10 d. the property of James Hunt , Dec. 1st . ++

James Hunt . I lost my handkerchief at Guildhall on the 1st of December.

William Pain . I saw the prisoner in the Hall; he perceived me watch him, and went out of the Hall; I followed him, and insisted upon searching him; I found two good handkerchiefs upon him; I took him before Alderman Crosby; there he said they were his mistress's; when I proposed to send for his mistress, he altered his story, and said he found them.

The prosecutor deposed to one of the handkerchiefs.

Prisoner's Defence.

One is my own; I found the other in Guildhall; I held it up; nobody owned it, so I thought it was my own.

Acquitted .

35. (2d L.) ROBERT CAMMEL was indicted for stealing 2 lb. of tobacco, value 10 d. the property of John Hobson , Nov. 19th . ++

John Williams . There were a great number of hogsheads of tobacco upon the Keys, the property of John Hobson . I am a watchman appointed to guard the Keys; Britewell is my servant; he came to me and charged the prisoner with having stole tobacco out of one of the hogsheads; I found tobacco in his breast, about 2 lb. weight.

Charles Brittwell . I am servant to Mr. Williams: I am a watchman under him; I caught the prisoner taking tobacco out of a hogshead; I secured him and called to my master; the tobacco was taken out of his bosom between his shirt and his skin.

Prisoner's Defence.

I was employed in rolling hogsheads; the last witness was not employed in any thing.

Guilty . W .

36. (2d L.) RICHARD WATSON was indicted for stealing a linen handkerchief, value 10 d. the property of John Martin . ++

John Martin . I missed my handkerchief out of my pocket.

- Hamilton. I saw the prisoner take it out of the prosecutor's pocket; I delivered it into the care of the constable.

The constable produced it, and said it had not been out of his pocket ever since. (It was deposed to by the prosecutor.)

Guilty . T .

37. (2d L.) ANN BALL was indicted for stealing four calves kidneys, value 1 s. 6 d. and seven pound of sute , the property of Edward Webb , Dec. 1st . ++

Edward Webb . I am a watchman of the market; the care of the goods was left to me, and I was answerable for the loss; I detected her in stealing them, and secured her on the spot.

The prisoner, in her defence, did not deny the charge, but throw herself on the mercy of the Court; she said her husband had left her with five small children.

Guilty of stealing to the value of 10 d. W .

38. (2d L.) ANN FIELD , spinster, was indicted for stealing a pair of stays, value 10 s. a silk gown, value 5 s. a cotton gown, value 10 s. a crape gown, value 5 s. and eleven linen shirts, value 40 s. the property of William Wilson , Dec. 1 . ++

William Wilson . The prisoner was my servant . When I went out, about eleven o'clock on the 1st of December, the things were in the house. A neighbour of mine, Mrs. Jordan, called and told me such things had been brought to her house; they were produced to me; I knew them to be mine. (The things produced and deposed to by the prosecutor.)

Mr. Jane Wilson . I am the wife of the former witness; the things were kept in a drawer in our house; when we went out, about eleven o'clock, they were all there; Mrs. Jordan came to me to tell me she had stopped these things upon the prisoner.

Mrs. Jordan. The prisoner brought these things to me; she said she was going into the country, and wanted me to keep them for her; I suspected there was something wrong; I thought there might be some quarrel between her and her mistress; I went to her mistress's house, and gave them notice of it.

Prisoner's Defence.

The woman came and asked for these things; I thought she was the washer woman.

Guilty . T .

39. (2d L.) BENJAMIN PAUL was indicted for stealing a bushel of coals, value 10 d. the property of John Baynes and Thomas Wood , Oct. 26th . ++

James Quince . I saw the prisoner take the coals out of a lighter, called the Mary: I seized him.

The prosecutors deposed that the ship the coals were taken out of belonged to them.

The prisoner said nothing in his defence.

Guilty . W .

This prisoner had been twice transported for seven years for stealing coals, and had staid his full time.

40. (2d L.) THOMAS WELCH was indicted for stealing a cotton handkerchief, value 10 d. the property of Fasion Nairn , Dec. 8 . ++

Fasion Nairn. I felt a hand in my pocket, upon which I turned-round and caught the prisoner with my handkerchief in his hand; and as the prisoner appeared to be very young I took him to Sir John Fielding 's with a view to have him sent to sea.

Prisoner's Defence.

Indeed, sir, there was another lad coming waiting along; I know nothing of it. I was for my mother's coming home; she had been in the country. A boy threw the handkerchief upon my arm. I am but fourteen years old.

Q. to the prosecutor. How do you know his hand was in your pocket?

Prosecutor. There was a whole gang of abusive chaps; he had the handkerchief wrapped round his hands, and was running away as fast he could.

He called - Adams and William Henton , who gave him a good character.

Acquitted .

41. (L.) HENRY PORTE was indicted for stealing a linen handkerchief, value 10 d. the property of Allen Parsons , Nov. 25 . +

Allen Parsons . The prisoner passed by me at ten o'clock at night; I missed my handkerchief, and followed him; I told him if he did not give it me I would take it out of his pocket; then he pulled it out; I took him to the watch-house.

- Barnes. I was at the watch-house; I took charge of the prisoner.

Prisoner's Defence.

I was walking along; I found something before me; I stooped and picked it up; I did not know what it was, and the gentleman laid hold of me; I am as innocent as the child unborn.

Guilty . T .

42. (L.) JOHN LONG was indicted for stealing 14 lb. of moist sugar, value 4 s. the property of persons unknown , Nov. 22 . +

Acquitted .

43. (L.) ANTHONY CARNE was indicted for stealing a woollen cloth coat, value 40 s. the property of George Scott , Oct. 28 . +

Acquitted .

44. (L.) EDMUND COLEMAN was indicted for ripping, cutting, and stealing a certain leaden pipe the property of the United Company of Merchants trading to the East Indies , being affixed to their dwelling house , Oct. 30th . +

Thomas Smith . My master, William Stockley , is bricklayer to the East India Company. On Friday the 29th of October, the prisoner and another man went to work for Mr. Petit, master bricklayer at the East India coffee-house, which is next door to the India House; on the 29th, Friday, it rained into the India House; I sent to our master on Saturday; I went up and discovered a great quantity of lead taken away; I was looking over the parapet wall, and there I saw the prisoner wrenching this pipe away from the Company's premises; this pipe came down into Leadenhall-market; it was against the side of the wall of the house; he reached the lead from the inside of the trough.

Q. He had not carried any off?

Smith. No, because he saw me.

Q. Was it loosened from the house?

Smith. I saw him pull it down; he removed it four feet from the Company's premises upon another person's; he left off when he saw me; then he drew his ladder up and went off the premises; I asked him who he was at work for; he said Mr. Petit.

Q. Had he any business there?

Smith. No; he was at work on the India House coffee-house; this was some distance from that place; he had got there by letting down a ladder; the pipe was twenty or more feet from where he was at work.

Q. Whether or no any thing he was doing there might require this pipe to be moved though he had no right to move it?

Smith. It lay a great way off, and it could be of no use in his work.

Q. Was the pipe higher or lower?

Smith. The pipe was much lower than he was at work.

William Goodwin . Upon the 1st of November I had a message from the India House to send a person to take measure of some lead that was stolen; I sent my man; I could not attend myself; when I went to look I found the lead was wrenched off by force: I am master plumber to the company.

Q. Would it be of any service in the job he was upon to remove this pipe?

Goodwin. No, it could be of no use.

The constable deposed that the lead produced was the same as was delivered to him.

Prisoner's Defence.

As I was mending the tiling the rubbish fell down into the gutters; I went down to clean them out; I did not wrench off the pipe.

He called John Taylor , John Stonard , Richard Gilbert , and William Weston , who all gave him a good character.

Guilty . T .

45, 46, 47. (L.) SIMON HYAMS , ABRAHAM HYAMS , and SIMON MOSES were indicted for stealing three tanned calf skins, value 30 s. the property of George Hardy , Oct. 18 . ++

All three acquitted .

48. (M.) ROBERT PALMER was indicted for unlawfully and feloniously putting off, to one James Miles , ten pieces of counterfeit milled money, made and counterfeited to the likeness and similitude of the current silver coin of this realm, called shillings, at the rate of thirty of such counterfeited pieces for twenty-one pieces of the current silver coin of this realm called shillings, being a lower value than they by their denomination did import, and were counterfeited for , against the statute, &c.

Second Count that he did unlawfully and feloniously put off to the said James Miles , ten pieces of counterfeit money, made and counterfeited to the likeness and similitude of good, lawful, and current milled money, and silver coin of this realm called shillings, at the rate of thirty of such counterfeit pieces for twenty-one of good lawful money of this realm, being a lower rate or value than they by their denomination did import, and were counterfeited, he well knowing such pieces to be counterfeited, against the statute, &c.

Third Count that he did unlawfully and feloniously put off to the said James Miles , diverse pieces of counterfeited milled money, made and counterfeited to the likeness and similitude of a piece of good current silver money of this realm, called a shilling, at a lower rate and value than they by their denomination did import, and were counterfeited for, knowing the same to be counterfeited, against the statute, Oct. 15th.

There was an essential error in the indictment, in that it did not express that the counterfeit money charged to be put off by the prisoner, was not defaced or cut to pieces; he was therefore

Acquitted .

49. (2d L.) THOMAS DUGGIN was indicted for ripping, cutting, breaking, and stealing 50 lb. of lead, value 5 s. the said lead being affixed to a dwelling house the property of John Bell , Nov 14 . ++

John Bell . I can only say I lost such a quantity of lead.

Rowland Williams . I met the prisoner with the lead on his back, in New-street square, which is about sixty yards from the prosecutor's house, about five o'clock in the morning of the 14th of November; I carried him to Mr. Bell's house.

Thomas Lane. I am a servant to Mr. Bell; I compared the lead with the place from whence my master lost it.

The prisoner said nothing in his defence.

Guilty . T .

50. (L.) ROBERT LEIGH was indicted for that he having in his custody a certain paper writing, purporting to be a bill of exchange , to the tenor following,

Leeds, 13 Oct. 1773.

No. 357 847 10

Six weeks after date pay Sir James Ibbetson , Baronet, or order, 847 10 value received, and as advised by James Elliot .

James Elliot .

To Mess. Marsh and Hudson, London.

On the 27th of November last in Alhallows, Lombard-street, feloniously did forge, make and counterfeit on the same, a certain order for the payment of money, with the letters F M and H thereunto subscribed, purporting to be an order of Samuel Marsh and Giles Hudson to William Gines and Ebenezer Atkinson , of London, bankers, and partners, by the description of Mess. Gines and Co. for the payment of 847 10; the tenor of which is as follows,

"Mess. Gines and Co. pay when due F M and H." with intention to defraud William Gines and Ebenezer Atkinson , against the statute, &c.

Second Count for feloniously uttering and publishing the said order for the payment of money, on the 27th of November, in the said parish, with intention to defraud the said Gines and Atkinson, against the statute, &c.

Third Count the same as the first, only instead of order for the payment of money, acceptance of the same bill of exchange, &c. with intention to defraud Samuel Marsh and Giles Hudson .

Fourth Count for feloniously uttering the said acceptance, with intention to defraud the said Marsh and Hudson.

Fifth Count for feloniously uttering a forged indorsement as follows

" William Ewer "

with intention to defraud William Ewer , of Lincoln's-inn-fields, Esq .

Nathan Cleland . I am clerk to Mess. Gines and Atkinson. On the 27th of November the prisoner came to our shop, and presented a draught on Mess. Fludyer, Marsh and Hudson; this is it (producing it).

Q. Did Marsh and Hudson keep cash at your house?

Cleland. Mess. Marsh and Hudson kept cash at our house in the name of that firm, Mess. Fludyer, Marsh and Hudson.

Q. Was there a Fludyer living then?

Cleland. No; sometimes the firm was in the manner I mentioned; sometimes it was Sir Thomas Fludyer , Marsh and Hudson; the initial letters were F M and H.

Q. If it had been a real draught whose account should you have placed it to?

Cleland. Fludyer, Marsh and Hudson; I did place it to their account.

Q. Are you sure the prisoner is the person that presented it?

Cleland. Yes; when he presented it for payment I looked to see if it was due, and regularly indorsed; it did appear to be so; then I desired him to witness it, and at the same time asked him whether he would chuse it in money or bank; he said as much in bank as I could; I gave him bank notes to the amount of 845 l. and the rest in cash; there was the name William Ewer on the back of the bill; he wrote to it witness for R. Smith.

Q. Were the words pay William Ewer , Esq; or order, James Ibbetson , upon it?

Cleland. Yes. I have an account of the bank notes entered in this book.

Q. When did you make these entries?

Cleland. I made them at the time I paid them: ( Roads) a four hundred pound No. C 209, a three hundred pound No. O 3, a one hundred pound No. O 316, a twenty pound No. 605, a fifteen pound No. K 41, and a ten pound No. 1009, and two pound ten shillings in money. I saw the prisoner about three o'clock on the Monday following, in the parlour at the Bank; Mr. Payne, a director of the Bank, asked me if I knew that person, meaning the prisoner; I said yes, he had received the money of me for that bill of Fludyer's. It was at this time proposed that he should go to his lodgings; Mr. Gines asked him, where is my money? or what have you done with my money? he answered he hoped he would have mercy and pity on him; he was an unfortunate man, and that his money was at his lodgings in Threadneedle-street, where he would go with the constable, and deliver it up; I went with him and the constable to his lodgings, the corner of Finch-lane; one of the constables asked him for the key of his box; he gave it him freely, and immediately upon the box being opened, he said the money was in the left hand corner, which it appeared to be; Mr. Atkinson took out a large canvas bag, and Spriggs, the constable, took out a handkerchief, which contained more of it; there was I think in all between six hundred and forty and six hundred and fifty pound; it was told over by one or two of the cashiers of the bank that were present; I went to the Mansion-house with the prisoner.

Q. Do you remember any thing being said about five guineas?

Cleland. I believe there was; but I cannot recollect the particular words.

Thomas King . I am clerk to Mess. Marsh and Hudson.

Q. What is their firm?

King. Fludyer, Marsh and Hudson.

Q. Was that the firm always made use of in their bills?

King. Yes.

Q. I think there is another partner since?

King. Yes; Mr. Streatfield came in the 1st of October, but since that we have many bills drawn in the old firm, which are placed to the old account.

Q In what manner did they usually accept their bills?

King. Mess. Gines and Co. pay when due F M H.

Counsel. That operated as an acceptance, and was an order to the banker to pay the money.

Q. Who usually wrote Mess. Gines and Co. pay when due?

King. I did generally.

Q. Who wrote F M H?

King. Either Mr. Marsh or Mr. Hudson.

Q. Have you any correspondent of the name of Elliot?

King. None that I know of.

Q. Had you ever any advice of such a bill as this?

King. None that I know of.

Q. Was this bill accepted at your house?

King. No.

Q. Were the words pay when due wrote by you?

King. No.

Q. Is F M H either Mr. Marsh or Mr. Hudson's hand writing?

King. The F M H is like Mr. Hudson's, but I look upon it not to be his hand writing; he very seldom accepts a bill after I have wrote upon it pay when due, especially of such a sum as this, without asking whether there is regular advice of it.

Q. Is that pay when due an imitation of your hand writing?

King. Yes.

Q. When did you first hear such a bill had been paid at Mess. Gines and Atkinson's?

King. On Monday morning the 29th of November.

(The bill was read in Court, which was exactly the same as set forth in the indictment.)

Q. How did you discover the bill had been paid?

King. We always send for the bankers book on Monday morning, and I enter the bills that have been paid by them the preceeding week in our cash book; when I came to sort out these bills in their regular dates, I found among them this bill; it struck me immediately; I looked at the drawer; it appeared to be James Elliot , a person I knew the house had no connection with; I took the advice of one of our clerks, as neither of the gentlemen were then come to town; he advised me to stay till Mr. Hudson came to town, which would be about twelve o'clock; when Mr. Hudson came to town, which was about twelve o'clock, we both went to Mr. Gines to advise him of the forgery; Mr. Gines sent Mr. Crump, a clerk of his, to the Bank, with an account of the Bank bills, and to enquire if Mr. Ewer, who is a Bank director, was there; Mr. Ewer was not there; we came home again. I was sent for at three o'clock in the afternoon, and desired to go to the box-maker's, the corner of Finch-lane; I was informed they had a man in custody; I went there; neither Mr. Gines nor Mr. Atkinson were there. I saw the prisoner first of all, just come out of the Bank, in custody of the constables; we went to his lodgings; when we got up into his room, Spriggs, the constable, asked him for the key of his trunk; he gave it him, and said the money was in the left hand corner, and he said the money was the property of Mess. Gines and Co.

Q. How much was the money found in the lodgings?

King. Between six and seven hundred pounds. There was some money in a paper produced by the constable, but Alderman Crosby thought the prisoner might as well have it delivered to him.

Cross Examination.

Q. Did the prisoner appear to be sober or intoxicated with liquor?

King. He appeared to me to be sober,

The counsel for the crown informed the Court that Mess. Gines and Atkinson had given Mess. Marsh and Hudson a discharge for the money, so they were qualified for witnesses, but the Court were of opinion that there was no occasion to examine them; that a witness had sworn it was not their acceptance; that it was right in Mess. Marsh and Hudson to attend; that the prisoner might call them if he chose it.

William Jackson . I am a cashier at the Bank: the prisoner came there on the 27th of November; he had six Bank notes with him.

- Stone. I am a cashier at the Bank. On the Monday morning a clerk came from Mr. Gines, and brought a stop lift; these notes I took off our file; they were paid; I have had them in my custody ever since.

Mr. Jackson. The prisoner wrote W. Smith upon these notes; I signed them to enable the party to receive the money.

Q. Are you confident it was the prisoner wrote the name?

Jackson. When he brought it to me it was not dry; I believe he is the person.

Q. Are you sure he brought them to you?

Jackson. Yes.

Cross Examination.

Q. You say you was not positive he wrote it; is it not common to bring them with the name ready wrote?

Jackson. He took them to the table just opposite to me.

Q. Is it not customary for them to write the name before the person they present it to?

Jackson. Yes.

Q. This you did not see him write?

Jackson. No.

Court. Was the name wrote upon it when he first produced the note to you?

Jackson. No.

Q. Who paid them?

Jackson. Mr. Hodgkin.

William Hodgkin . I am a teller at the Bank.

Q. Do you know the prisoner at the bar?

Hodgkin. Yes.

Q. Did you see him in November last?

Hodgkin. Saturday the 27th I paid him six notes, at pretty near four o'clock in the afternoon, a four hundred pound, a three hundred pound, a one hundred pound, a twenty pound, a ten pound, and a fifteen pound; eight hundred and forty-five pound in all. He was intoxicated with liquor. These are the notes; there are the two initial letters of my name upon them; he had five pounds in cash and a spoilt note, that is a cancelled note; that is not negociable; it is made payable only to the person himself; we did not give him a negociable note because he was in liquor. (The spoilt note for eight hundred guineas produced, made out in the name of Robert Lee ). He brought that note for payment upon the Monday.

Mr. Hodgkin. I gave him a ticket for that on Monday.

William Stevenson . I made out this spoiled note; Mr. Mullens, a clerk of the Bank, brought a ticket signed by Mr. Hodgkin, desiring me to make out a spoiled note for the prisoner at the bar, who was then much intoxicated.

Q. You saw him, did you?

Stevenson. Yes.

Mr. Hodgkin. I paid this spoiled note to him, eight hundred guineas.

Q. Did you hear Mr. Leigh say who he was?

Stevenson. He said on Saturday that he was nephew to Mr. Ewer, one of the directors of the Bank.

Cross Examination.

Q. He appeared in liquor, did he not?

Stevenson. Yes.

Q. Pray did you ever see him before?

Stevenson. No.

Counsel for the crown. He was sober on Monday morning?

Stevenson. Yes.

William Mullens . I am an out teller at the Bank: the prisoner came on the Saturday; I saw him come to the tellers table exceedingly fuddled; Mr. Hodgkin told him out a great quantity of cash; he seemed not capable of telling it; I said, sir, as you are not able to tell this money I will tell it for you; he said he was very much obliged to me, owned himself much in liquor, and said we should drink a bottle of wine together; I began to tell over the money; I had told about 500 guineas when Mr. Purling, the governor, came up to him; the governor and several others advised him not to take the money; he said to the governor, my notes are not counterfeit, they are good notes, and I will have the money, and five pounds of that money he put into his pocket; during the altercation the governor gave orders, as I believe, that a spoiled note should be given him instead of the money; Mr. Hodgkin put the money up again; I said, Sir, if you will favour me with your name, I will give you an obligation from the Bank to pay you the money on Monday morning; I asked him his name; he said it was Robert Leigh ; I wrote down Leigh; when I had done that, he said, aye, that is my name; Mr. Hodgkin made out a ticket in the name of Robert Leigh ; I took that ticket to Mr. Stevenson, who made out the note; I then took the note from Mr. Stevenson, and delivered it to the prisoner.

Q. Do you know any thing of what happened on the Monday?

Mullens. No, I know nothing of what happened on the Monday.

Q. Had you any other conversation with the prisoner on the Saturday?

Mullens. Yes; after he had possessed himself of the spoiled note, he seemed to look upon it as a very insignificant thing for his money; he made a dispute which drew many people about him; recollecting his offer to treat me with a bottle of wine, for the purpose of getting him from the Bank, I told him I would accept of his offer to drink a bottle of wine with him; he said, aye, so we will; we went over to the Bank coffee house and drank it; during the time we were there, he took out that spoiled note several times, and tore it, flirting it in his hand, seeming not to be satisfied with it.

Q. Did he say how he came by it there?

Mullens. No.

Q. He did not talk of any remittance?

Mullens. No.

[ Thomas Dadson .]

Q. Do you know the prisoner?

Dadson. Yes; I have known him ten or twelve years. On the 27th of November I was informed the prisoner was in liquor at the Bank; as a kind of disturbance was made I went to get him from thence; I took charge of the note for him, and some cash all night. On the Sunday he called upon me, and I returned him the note and cash; I heard him say he had a remittance from New York and expected another.

Charles Jewson . I am a cashier at the Bank. I had a person with me who knew the prisoner; I was directed to the Half Moon in Gracechurch street after him; he came into a room where I was, and Mr. Leech, and Mr. Spriggs, a constable; Mr. Leech told him there was a mistake at the Bank, and desired he would go and settle it; he said no, he would come and settle it; I said you had better go now and rectify it; he said he could not go then; the constable and I said he must go; when he came to the Bank he was very loth to go in; we put him into a room in the Bank, and I acquainted the governor that he was taken. Then I went to his lodgings, and there in a white handkerchief was found two hundred and thirty-five guineas, and in a canvas bag three hundred and eighty-three guineas and a half, and a five-and-three-pence, which made six hundred and forty-nine pound thirteen shillings and nine-pence.

Q. Had the prisoner said any thing about this at the Bank?

Jewson. He was very willing to give it up, all he had, and said he hoped they would have pity on him, for he was an unfortunate man. Mr. Gines, I think it was him, said, where is my money? or, where is our money? it was one or the other expression; the prisoner, in answer to that, said, it is at my lodgings.

Q. Was you before my Lord Mayor?

Jewson. Yes; upon examining him, there was found upon him four guineas and a half, three five-and-three-penny pieces, and five shilings in silver; that money was laid on the table before my Lord Mayor and Alderman Crosby, and that was acknowledged by the prisoner to be Mr. Gines's money.

Q What did the prisoner say?

Jewson. I did not hear him say any thing.

Edward Spriggs . I am constable of the Bank: I was sent for by the governor, or some gentlemen of the Bank, to the Half Moon tavern; I took the prisoner from thence to the Bank; Mr. Atkinson was there before Mr. Gines; the prisoner was applying to the governor for mercy; the governor said there is the injured person, meaning Mr. Atkinson; the prisoner kneeled down, and said he was an unfortunate young man, and he begged for mercy. Some little time after this Mr. Gines came in; the prisoner supplicated him also for mercy; Mr. Gines said, where is my money? the prisoner said what he had got of it was in his trunk at his lodgings, and he was very ready to deliver it up; we went to his lodgings; I asked him for the key of his trunk; he took it out of his pocket and gave it me; I opened the trunk; Mr. Atkinson took out a canvas bag, and I took out a handkerchief with some more money; it lay in the left hand corner of the trunk.

Q. to Cleland. I think you said he came to Mess. Gines and Atkinson's between two and three o'clock, was he drunk or sober?

Cleland. Apparently quite sober.

Prisoner's Defence.

My Lord and Gentlemen of the Jury, I had no intention to defraud any body; I was totally a stranger to any forgery at the time the money was received; I was very much in liquor; I went to the King's Arms tavern; the witness here that happened to see me advised me to go to my lodgings. Two people, one dressed in a silver laced hat, a brown coat and boots, and pretended he was a stranger in town, pulled out several bills drawn on copper plate check; he had to the amount of two or three thousand pounds; he presented this bill to me, and asked if I knew where Gines and Atkinson lived; I told them their office was in Lombard-street; one asked me to shew him the place; I will not be positive that I did not go in, I was very much in liquor; I was at the Half Moon tavern in Gracechurch-street all the forenoon, and was very much intoxicated; I went with one of them; they gave me the Bank note; they said it was very good, it is proved by the clerks I was very much in liquor; the gentleman says I was so drunk I could not count it; on the morrow morning I was sober; I must have been either out of my mind, or some sad fatality must have attended me to have gone and received this money after the forgery. I had the greatest opportunity of absconding: I could have got off by water; I have not been above seven or eight weeks in town from America; I know nothing of the parties of the drawer or indorser; as soon as they said there was a mistake in the Bank, I was all of a tremble; I had suspected nothing of it before, for I was to have seen one of these persons; I was to have gone on the Saturday morning to see him; after I had been with that gentleman in the Red Lion, Sweeting's-alley, I parted with this Mr. - who has given evidence; I did not know what I had done with the bill I was so intoxicated; I got it from him on Sunday; on Monday I was quite sober; when I went there, there were several clerks of the Bank knew me, and shook hands with me; I met a clerk of the Bank, whose name I do not recollect, that asked me if I had received the money at the Bank; I said I had not, but intended at the time. The twenty pound note was filled up in my own name; whatsoever name I might put upon it when intoxicated with liquor I know not; a person said his name is Leigh, he is an honest worthy man, I know him very well, and so they gave me this draught, and on the Monday morning I received this money. My Lord, and gentlemen of the Jury, I have very little more to say; I leave it to my counsel, who I dare say will explain the matter in such a manner that I doubt not will convince you that I had no intention to defraud any body: there are several gentlemen here that know me, that will speak to my character, that I never was brought to a bar before, and this is owing entirely to intoxication.

For the Prisoner.

John Lewis . I have known the prisoner about six years.

Q. What character has he in general?

Lewis. He bore an exceeding good character; I remember seeing him on Saturday was fortnight in Exchange-alley; that was the first time I saw him since I went to the East Indies; then he went I believe to America, in the employ of some merchants in Crutched Friars; I saw him talking to two gentlemen; he asked me to go and drink a glass of wine; I refused; he was so intoxicated with liquor that I thought it not prudent.

Q. What time was this?

Lewis. Between twelve and two o'clock; I advised him to go home; I asked where he lodged; he said in Threadneedle-street; I observed a man stood at a distance as if he waited for him, dressed in brown clothes and boots, and had a silver laced hat slapped before, and he had his own brown hair clubbed behind; Mr. Leigh went into the King's Arms passage; I waited till he came out; they wanted him to go with them towards Lombard-street; I went to the 'Change, and returned again; I was afraid he was fell into the hands of sharpers that wanted to take him in; I saw him go along with them towards Lombard-street.

Cross Examination.

Q. What are you?

Lewis. I collect debts for trades men and make out bills.

Q. Where do you live?

Lewis. In Old Bethlem.

Q. How long have you been acquainted with Leigh?

Lewis. About six years.

Q. I thought you had been acquainted with him at sea?

Lewis. He went to North America and I to the East Indies.

Q. You have used the sea?

Lewis. Yes, sometime ago.

Q. And you have been settled in Old Bethlem about six years?

Lewis. No, my wife has; I have been there about four years.

Q. Have you any particular reason to recollect the hour you saw him?

Lewis. It was between twelve and two.

Q. Are you sure it might not be after two?

Lewis. I am sure it was not.

Q. Did you take notice of the hour?

Lewis. No, I did not.

Q. How came you to think that these gentlemen were sharpers? it was not by being in 'Change alley you thought them so I suppose?

Lewis. Not by that, but their dress, and they seemed to be inclined to have him into their company when he was in liquor; I thought they wanted to take the advantage of him.

Q Did you hear any conversation?

Lewis. No particular conversation.

Q. How were they dressed that they looked like sharpers?

Lewis. Brown clothes, a silver laced hat and boots.

Q. I hope you do not look upon every body dressed in brown clothes, a laced hat and boots, to be sharpers?

Lewis. I looked upon it they were going to take an advantage of him; it is generally the case with people that have the appearance of gentlemen to take the advantage of a man of property.

Q. Now if you apprehended he had got into the hands of two sharpers, how came you not to stay with him?

Lewis. I went upon the Change and came about again, and one of them was along with him.

Q. Then you apprehending this man to be in company with sharpers that wanted to make a property of him, would it not have been kind in you to have staid with him?

Lewis. I thought it would have been impertinent.

Q. Not at all, when you saw him in the hand of sharpers.

Lewis. I judged them to be such, and believe they were so.

Q. You had no conversation with them?

Lewis. No.

Q Nor did not hear them say any thing?

Lewis. No.

Q. How came you to think they wanted to go to Lombard-street?

Lewis. Mr. Leigh told me after I came back the second time, they wanted him to go to Lombard-street with them.

Mr. John Ryland . I have been for many years engaged in the West India trade, as a merchant, and am now partner with Mr. John Bond , in Crutched Friars. The prisoner came to us under the best recommendation, in the year 1768; he continued till 1770: he behaved with the strictest honesty, and I had the most perfect confidence in him. About that time he began to relax in his attendance; upon enquiring into the reason of it, I found that he had been drunk; I complained to him, and he said it was very true; that when he had fallen into some company he had lately connected himself with, they were too prevalent with him. He was sensible that his situation with us would not allow his continuance, but, as he was perfectly honest, I told him the wisest step he could take was to go abroad. I hope your lordship will forgive me this detail; I am really anxious for the prisoner, and his father, who is a very worthy man. As soon as he came into the proposition of going abroad, I engaged Mr. Neeve, a merchant of considerable eminence in the North American trade, to take him under his patronage.

Q. Is he in America?

Ryland. He is in London, but has a son in America. The prisoner's friends supplied him with one or two hundred pounds; that, with what little matter he had saved, furnished him a cargo, and he went thither under the patronage, and with the friendship of Mr. Neeve; from that time till now I heard he was going on well; I believe there are some gentlemen in Court that will vouch for his good behaviour in North America; I hope so: I never had the least suspicion that he wanted principle or honesty during the years 1768, 1769, and 1770, that he remained with us; when he went from us I believe he was a perfectly honest man. With regard to the forgery now before the Court, from any thing I know of his hand, I think him as incapable of forgery as a plowman, or an infant, and for this plain reason, it was his interest, and I am sure his inclination, to write a better character than he did, a more flowing agreeable mercantile character; he took pains, as my partner was dissatisfied with the aukward hand he wrote, and endeavoured to mend it, but to no purpose. I believe any gentleman who is acquainted with hand writing, would, from an inspection of his hand, be of opinion that he is not the man that is able to perform a forgery; he appears to me, who sat at the desk with him many months, incapable of what I should call an imitative power in writing, so that I am afraid, if he is justly chargeable with this crime, it is in connection with other persons, and when he is drunk, I am told, he is liable to be imposed on by any body. While I have the honour to stand before the magistracy of this great city, allow me to add, my lord, that I have much reason to believe this poor wretch, now trembling before you, owes the origin of his misery to vile disputing alehouse clubs, where the rights of magistracy, and the first principles of morality and religion have been controverted; young fellows sit there and get a habit of hearing, without horror or shame, vice palliated, human government decried, and the attributes of God himself blasphemed.

Mr. Thomas Lamb . I became acquainted with the prisoner in New York; I went from Boston to New York in the month of April 1771, and I fancy it might be two or three months before I was acquainted with Mr. Leigh; it was at a public house where our acquaintance first began; he was universally known in the first place as a very good natured generous man, hospitable to every body that came from his country. I found he was a merchant of eminence; his general character, as I have learned by being in company with people of his acquaintance, was such, that they were so far convinced of his honour and honesty, that when they meant to speak of a man's character, they would say, I with he was as honest as Bob Leigh ; he was universally esteemed, and if New York was as near London as York is in this kingdom, I dare say he would have two-thirds of the inhabitants to speak to his character.

Q. Do you believe him capable of such a crime as this?

Lamb. No, I do not think so; I was told of it at New York coffee house; I said it is impossible, for he is one of the most honest creatures that ever broke bread; I went to his lodgings to convince them of the contrary; I was sorry to find there, that what they told me was true. Mr. Leigh's house was in the firm of Leigh and Price; Mr. Leigh was the first partner; he took a man into partnership with him, through his good nature, that he was unconnected with, that he never saw but by accident at New York; he had brought over a little cargo of cloth, and offered them to Mr. Leigh: Price appeared a feasible man; the consequence was, a partnership was struck up; in the course of business, and just before I left New York, this Price proved himself a contrary man to the honest Mr. Leigh; one night when Leigh did not lie at home, he packed up a vast quantity of goods and absconded; the next morning Mr. Leigh pursued him. There was a Dr. Edgar, a man of eminence in the physical way, and one or two more with him; they caught him in the Jerseys and brought him back to New York, and the law took its proper course; Mr. Price was arrested, and put into prison; Mr. Leigh unsollicited went to Mr. Haake, who I believe they owed eight hundred pounds to; said he, this affair is shocking and horrid, I will not have the least imputation of being privy in the least to it, take all my effects and all the money I have; he gave every thing up unsollicited and generously: the whole town was pleased at his conduct, and he had assistance from every body; this I look upon as a very great proof of his honesty; I can say farther, that he has often been taken in for trifles by his good nature, and especially if he got a little intoxicated.

Counsel for the crown. He gave up every thing?

Lamb. Yes.

Q. Then he had no property of his own?

Lamb. No.

Q. These were partnership debts I suppose?

Lamb. Yes; as Mr. Price was an utter stranger and taken in against all his friends at New York, nobody would give Price credit.

Court. It is not agreeable to the practice of the Court to enter into particular stories, but I am very unwilling in a case of this sort to stop a witness.

Lamb. I did not mean to say that he came from New York without any property.

Q. How long was it before he came away?

Lamb. About five months; but I understand always after that he had remittances from home.

Roger Moser . I have known the prisoner about ten years; his general character is a very honest steady young man; since he came from America I have been particularly acquainted with him; he has been at mine and my partner's compting-house, where he had an opportunity of wronging me of many hundred pounds, and if at liberty I would trust him again: I do not look upon this to be the act of himself.

Cross Examination.

Q. What business does he follow now?

Moser. I do not know.

Q. How long has he been come from America?

Moser. About six weeks, I believe.

Joseph Parringdon . I have known Mr. Leigh between six and seven years; I never heard any but a good character of him till now.

John Miller . I have known him about thirteen or fourteen years; he always had a good character. Since his return from America I have observed he has been very often in liquor, and a good deal of company. His friends in the country are very honest people.

John Turner . I have known the prisoner near twenty years; he had always a very good character; he lodged in my house when he did business for Mess. Bond and Rayland; his conduct was then very regular; when he was out of place he wrote a little for me.

Thomas Leese . I have known him fifteen or twenty years, he and I went to school together; he has a very good character.

Q. Do you think he would be guilty of forgery?

Leese. No; he wrote a very particular hand, like an attorney's hand; it is the last thing I should think of; I do not think him capable of a forgery.

Q. Look at that ( giving him a piece of writing) is that his hand writing?

Leese. Yes.

Q. Did you see him on Monday morning the 29th of November?

Leese. Yes.

Q. Did he pay you any money?

Leese. Yes, ten guineas.

Q. Did you hear from the prisoner of his paying money to Marsh and Read?

Leese. No.

Q. Was he sober when he paid you the money?

Leese. He appeared to be sober.

Guilty . Death .

51. (M.) ELIZABETH BOWLER , spinster, was indicted for stealing a featherbed, value 20 s. two linen sheets, value 2 s. and a bed rug, value 6 d. the property of Luke Maynard , the said goods being in a certain lodging room, let by contract by the said Luke, to the said Elizabeth , Dec. 6th . ++

The prosecutor was called but did not appear.

Acquitted .

52. (M.) ARTHUR STEVENSON was indicted for stealing a silver watch, value 40 s. the property of James Iverson , Feb. 21 .

The prosecutor was called but did not appear.

Acquitted .

53. (L.) WATKIN MORGAN was indicted for putting off, to John Barlow , twenty-six pieces of counterfeit milled money, made and counterfeited in the likeness and similitude of a piece of good and current money and coin of this realm, to wit, a shilling, being a lower rate or value than the same pieces by their denomination did import, to wit, at the rate of twenty-six pieces of the said counterfeit money for twenty good and current shillings, against the statute , &c. Nov. 30 . ++

Acquitted .

54. (L.) JOHN CLIFF , otherwise MURRELL, was indicted for breaking and entering the dwelling house of Edward Mozine , on the 6th of September, about the hour of two in the night, and stealing a pair of studs, value 2 s. 6 d. a man's hat, value 2 s. 6 d. seven linen shirts, value 7 s. four linen neckcloths, value 2 s. four linen shirts, value 4 s. one linen apron, value 1 s. a pair of thread stockings, value 6 d. five linen table cloths, value 5 s. two linen towels, value 1 s. two linen handkerchiefs, value 1 s. five pair of leather shoes, value 5 s. two silver table spoons, value 10 s. two silver salts, value 10 s. a silver milk pot, value 7 s. a silver pepper box, value 7 s. seven silver tea spoons, value 6 s. a pair of silver tea tongs, value 4 s. a silver strainer, value 1 s. 6 d. a half guinea, and nine shillings in money, numbered, the property of the said Edward, in the said dwelling house .

Edward Mozine . I live in Moorfields . I went to bed on the 6th of September , about the hour of ten or eleven o'clock; I saw the things that are mentioned in the indictment safe then; some of the china was in the corner cupboard; others were in a tea chest. When I got up about six o'clock the next morning, I found my drawers open, and all the things taken away.

Mary Mozine . I am the wife of the last witness: our house was broke open on the 6th of September at night. (A sheet and a pair of silver studs were produced, and deposed to by both the prosecutor and the prosecutrix.)

Peter Senhouse . I had this hat (producing it) of Thomas Cliff (not the prisoner).

Percival Phillips . I searched the prisoner while he was in prison, and took these shirts from him ( producing them, they are deposed to by the prosecutor).

Francis Dawes . I am a constable of Biggles-wade. I took the prisoner in company with two or three others; I found a dark lanthorn and pistol upon some of them; I cannot say particularly which.

William Bolton . I was at the search; I found a dark lanthorn upon the prisoner.

- Norton. I was present when Mr. Bolton found a dark lanthorn upon the prisoner.

Thomas Howard . When John Cliff was committed I took out of his sleeves a pair of studs. (They are produced and deposed to by the prosecutor).

Sarah Bond . There were some shirts pawned with me by one Jane Barnsley .

Thomas Walsan . I, and the prisoner, and the other man charged in the indictment went together and broke open the prosecutor's house; we got in at night; we took some things out of a corner cupboard, and some spoons out of a tea chest we broke open there.

Prisoner's Defence.

I have nothing to say; I leave myself to the mercy of the court.

Guilty. Death .

Recommended to mercy by the Jury .

Instead of John Cliff , otherwise Murrell, in the indictment, read John Cliff and Thomas Murrell ; Thomas Murrell was too ill to take his trial.

55. (2d M.) JOHN CATLIN was indicted for stealing two live geese, value 6 s. the property of Charles Laycock , Nov. 7 . ++

Charles Laycock . I am a poulterer in Islington-road . On Sunday morning the 7th of November, between five and six o'clock, the prisoner was found with two geese; he lived servant with me; Kello produced the geese to me; I believe they were mine; they are very much like mine.

John Kello . Going up to Islington, before it was well day light, I met the prisoner with the geese in a sack upon his shoulder; I asked what he had got; he said he would not tell me; I examined the sack and found two geese.

Acquitted .

56. (M.) MARY, the wife of DAVID MORRIS , was indicted for taking away, with intent to steal, imbezzle, and purloin, one bed quilt, value 3 s. one pair of linen sheets, value 5 s.. one green curtain, value 6 d. one copper saucepan, value 1 s. one flat iron, value 6 d. one blanket, value 6 d. one brass candlestick, value 6 d. the property of George Dick , being goods in a ready furnished lodging, let by contract by the said George to the said Mary , Nov. 1 . +

Susanna Dick . I am the wife of the prosecutor, who lives in Castle-street, Long-acre ; I let the prisoner a ready furnished lodging at three shillings a week; she left me about five or six weeks ago; after she had lived with me a month I asked her for some things I suspected she had made away with; she gave me up the key and some duplicates of a pawnbroker; I missed a quilt, a pair of sheets, a green window curtain, a flat iron, a saucepan, a brass candlestick, and a blanket; I had the sheets and candlestick again of a pawnbroker in Half-Moon-street in the Strand.

Thomas Humphreys . I am a pawnbroker in West-street, Soho; a person pawned this sheet (producing it) with my master; I believe it was the prisoner; not seeing her before I cannot swear to her person; it was pawned in the name of Mary Morris .

William Bostrean . I am a pawnbroker: the prisoner to the best of my remembrance pawned this quilt with me in the beginning of October in the name of Mary Morris .

Prisoner's Defence.

I took these things out of necessity and pawned them; I did not leave my lodgings; I intended to replace them.

Acquitted .

57. (2d L.) JAMES HARALD was indicted for stealing six wooden pannels, value 6 s. the property of Richard Walford , Oct. 27th . ++

Richard Wolford . I am a mercer in Houndsditch : whilst my house was repairing, the pannels were taken down and put into the shop; I had them in my shop some time in October; I missed them and went and searched the prisoner's lodgings and found them there. (The pannels produced and deposed to by the prosecutor.)

- Marriot. I am a master carpenter; the prisoner was my journeyman ; I suspected him of having taken these pannels; one Mr. Abraham Brown came to me, and informed me that there were certain pannels in the apartment the prisoner had lodged in; I went there and saw the pannels.

Abraham Brown . I found these pannels in the prisoner's apartment; he came and demanded them; I informed the master carpenter of it.

Prisoner's Defence.

There was another man that lodged in the house; he might have brought the pannels.

Brown. The other man had left the lodgings a fortnight; the pannels had been there but four or five days.

Guilty to the value of 10 d. W .

58. (2d M.) MARY WORTH, otherwise BIBEY , was indicted for stealing a pair of new stays, value 30 s. a cambrick handkerchief, value 6 s. a pair of black silk gloves, value 3 s. five linen handkerchiefs, value 3 s. the property of Thomas Hunt , in the dwelling house of David Gilbert , Oct. 5 . ++

Thomas Hunt . I lost the things mentioned in the indictment. I live at Mr. David Gilbert 's, in the parish of St. John's Hackney ; I was at Chelsea at the time they were lost; when I came to town I missed them. The prisoner was a servant out of place; she used to come backwards and forwards to the house every day, and often lay in the house; she has since passed as a lady of great fortune. I found the gloves at her lodgings, Mr. Talboys in the Strand. She never owned any thing. (The gloves produced and deposed to by the prosecutor.)

Ann Gilbert . I am daughter to Mr. Gilbert; Mrs. Hunt lived with my father.

Q. What was she, a servant, or what?

Gilbert. No.

Q. Do you know of her having lost any thing out of the house?

Gilbert. Her gloves, her stays, and her handkerchief.

Q. Did you see them there?

Gilbert. Yes.

Q. When?

Gilbert. I cannot say when I did see them; they were all honest people in the house; there were two lodgers that had missed things.

Q. to Harriot Hunt. Where did you find your stays?

Hunt. I found nothing but the black silk gloves.

- Talboys. The prisoner came to lodge at my house, under the character of a woman of fortune; she took my apartment for a twelvemonth certain; she said her affairs were under the hands of Alderman Thomas and Alderman Turner. When she had been in my house about a fortnight I missed some of my property.

Court. Do not speak to that.

Talboys. I enquired after Mr. Hunt, and one Mrs. Hughes, where she had lodged; I enquired after her by the name of Hunt; she did not know her by that name; she knew her by the description I gave of her; I went to Mr. Hunt's; I saw Mrs. Gilbert; she asked me if I saw a pair of stays there; I said, yes.

Prisoner's Defence.

They have got my clothes and things; I am not guilty; my witnesses are not ready.

Acquitted .

(2d M.) MARY WORTH , otherwise BIBEY, was indicted for stealing a white petticoat, value 5 s. a waistcoat, value 1 s. two yards and a quarter of Irish cloth, value 3 s. a pair of leather clogs, value 6 d. two rows of garnet beads, value 2 s. a pair of leather gloves, value 1 s. a crape hat band, value 1 s. a set of polished steel buckles for stays, value 2 s. seven child's laced caps, value 2 s. a laced cockade, value 2 s. four child's laced shirts, value 2 s. five small pieces of cotton, value 6 d. five small pieces of linen, value 6 d. two damask night caps, value 6 d. two yards of blond lace, value 1 s. a yard of black lace, value 1 s. and a half crown piece, a silver three-penny piece, and four silver pennies , the property of James Talboys , Oct. 10 . ++

James Talboys . The prisoner lodged at my house; she came there on the 6th of October; the things mentioned in the indictment were found between the sacking and the ticking of the bed in the room the prisoner occupied.

Margaret Talboys Under the bed where the prisoner lodged I found most articles mentioned in the indictment (repeating them.) I found a pair of clogs in the closet where the coals were kept; some pieces of linen were found in her pockets at Sir John Fielding 's; I can swear to this piece; I cut it off a child's gown in order to make it short. I lost a queen Ann's half crown. She came on the 6th of October; her lodgings were at three shillings and sixpence a week.

Thomas Bull . I am a constable: I searched the bed; when I found this piece upon her, Sir John Fielding bid me search her lodgings.

Prisoner's Defence.

The things were found in my room; I never put them there; it was a week after I was in custody they wanted me to give them a guinea to make them satisfaction for these things.

Bull. I went and searched her lodgings directly after she was in custody; I took her to Sir John Fielding about seven in the evening; I searched the lodging that night.

Prisoner. It was a week after she charged me that he searched the bed.

Q. to Mrs. Talboys. When did you charge her with having the things?

Talboys. I told her I had lost so and so; I never charged her with any thing; that was on the 17th day of the month; it was the 25th when I searched the bed.

Q. Did she offer you to search directly?

Talboys. No, it was the constable thought of searching the bed.

Q. Did she offer you to search?

Talboys. No; she said it was very odd that she should be accused; that I might ask Alderman Thomas and Alderman Turner concerning her character, for she was a widow lady, and they had the management of her property.

Prosecutrix. The lock of the drawer where the caps and petticoats were taken out was broke, the rest of the locks were unlocked and all locked again.

Guilty . T .

59, 60. (M.) BENJAMIN MARTIN and JOHN RIDLEY were indicted for stealing a cow, value 5 l. the property of Charles Laycock , Nov. 5th . +

Charles Laycock . I am a cow-keeper , and I live in Islington road . On the 5th of November between three and four o'clock in the morning, I missed this cow; it had but just calved; it was marked C L on the horn. I advertised it on Tuesday, and on Wednesday I received intelligence that it was killed in White-horse-street, Stepney; I went there and acquainted the man's wife of it; he was not at home, and the same night the prisoners were taken. As we were taking them to the Justice, Martin called me by my name and desired I would be as favourable to him as I could; when they were before the Justice they were in several stories.

John New . I am a butcher, and live in White-horse-street, Stepney; I saw the prisoners as I was coming from Whitechapel market, at the door of Mr. Davis, who keeps the Green Dragon at Stepney; one of them, I believe Ridley, had a cloth under his arm; I asked what they were doing; they said they were staying to receive some money; this was about eleven in the morning; the bell was going for church; I went home, and they both came to my house and asked me to let them kill a poor cow there; I told them I had never a beef tree nor rope, and they said they would bring them along with them, and said they should bring the cow in the evening; about seven in the evening they brought her; it was a dark brown and white spotted cow; she was very lame; I did not examine her, so I did not observe any mark on the horns. The cow was at my house all day on Sunday; on Monday morning about nine o'clock they came to kill her; they asked me to lend them a hand, and they would satisfy me any thing I desired.

Q. What became of the skin and entrails?

New. After it was dressed they took the hide in a bag, and the feet in a cloth, and left the body till Tuesday morning, and then about five, or between five and six o'clock, came with a horse and cart, and quartered it, and put it in the cart; I bought the paunch and entrails, and gave them five shillings and seven-pence for it.

Q. Was that as much as they were worth?

New. More.

Q. How came you to buy them then?

New. I thought I was to have the tongue, but they took it away. Laycock came in the afternoon to enquire about it; I was not at home; one of Justice Camper's men and I went to the house where Martin lodged, and told the landlord of it; he bid us stay a little and Martin would come in: we staid till he came in, and then we took him to the watch-house for that night.

John Cream . I am not quite thirteen years old.

Q. Do you know what taking an oath is?

Cream. No.

Q. You do not know what would happen to you if you was to swear falsely, do you? suppose you was to tell a lie, would it be doing right or wrong?

Cream. Wrong.

Q. Supposing you was to tell a lie, and appeal to God for the truth of it, would not that be worse?

Cream. Yes.

Q. Supposing you was to tell a lie, what would become of you, if you was to die where should you go?

Cream. I believe I should not go to Heaven if I did ill; I believe I should go to Heaven if I did good.

Court. Swear him. (He is sworn.)

Q. Where do you live?

Cream. In White-horse-street, Stepney. I saw the prisoners by the Green Dragon, as I came from market with Mr. New. I saw the cow on Sunday morning.

Q. Did you see the prisoners with it?

Cream. No.

Q. Where did you see it?

Cream. In Mr. New's slaughter-house.

Q. What sort of a cow was it?

Cream. It was a dark red and white spotted cow.

Q. Did you look at its horns?

Cream. Seeing it was a tame cow I went up to it and stroaked it, and saw a C and an L upon one of the horns; I said here is a C and an L upon it.

Q. Where did you go to school?

Cream. Mile End.

Q. Can you read?

Cream. No, I can tell my letters and spell a little.

Q. Which horn was marked?

Cream. The near horn; it was burnt in on the outside of the horn. (A book is given him and he reads PREFACE.)

William Hawkes . I am a salesman in Aldgate High-street; the prisoner Ridley brought the carcase of a cow quartered on Lord Mayor's day, about seven in the morning, for me to sell by commission; he brought it in a cart; I sold it for them and paid them the money; it was very indifferent meat, what we call poor.

Q. Cows generally are poor after they have just calved I believe?

Hawkes. I have known a cow very fat when calved.

The prisoners said nothing in their defence.

Both Guilty . Death .

61, 62. (2d M.) JONATHAN PARKER and HUGH SEDDAN were indicted for stealing a cloth coat, value 40 s. the property of John Barton , Oct. 23 . +

John Barton . I live at Edmonton: I am a gardener ; I take care of Mrs. Fosteneau's garden; I lost a cloth coat in the garden; I pulled it off in order to work on the 23d of October last; I put it on the gate in the morning; when I went to put it on after dinner, I missed it; I saw Dinah Godfrey ; she told me two men ran away with it up the lane; I desired some men to assist to run after them; they did; then I went home to put on another coat; when I returned, they had taken the prisoners, and brought them, with the coat, to the Fleece. (The coat produced and deposed to by the prosecutor.)

Dinah Godfrey . I live at the Fleece, a public house near Mrs. Fosteneau's: I saw the prisoner take the coat; I saw John Barton , the gardener, and informed him what I had seen; then I sent the ostler, as well as the coachman, in pursuit of them; I saw the men brought back, and Mr. Lovel had the coat with him; they at that time acknowledged they had taken the coat, and had hooked it out over the pales with a hooked stick.

Henry Tingey . I am a labourer: I pursued the prisoners; I was at the taking of them; the coat was then thrown into a hedge near a quarter of a mile from the place where the prisoners were taken; they owned then that they had taken the coat, and had thrown it into the hedge at that distance.

James Lovell . I am coachman to Mrs. Fosteneau: I pursued the prisoners with the rest of the people; I was not by when they were taken; I heard they had put the coat into the hedge.

The prisoners, in their defence, said, they found the coat in the foot path, but called no witnesses.

Both guilty B . and Imp. 6 M .

63. (2d M.) ELIZABETH TUGWELL was indicted for stealing six pieces of red cloth for cloaks, value 12 s. the property of John Bird , Nov. 23 . +

Jane Bird . I am the wife of the prosecutor; we live in Cranbourn-alley . On the 24th of November I lost some red cloth, cut out for two cloaks, and some pieces of cloth besides, from out of the window; I missed them the minute after they were lost; I believe I had seen them not above an hour before, between six and seven o'clock; I have a Chinese hatch to the shop; I saw it open at that time; being dark I did not perceive any hand or any thing of that kind; I missed the cloth; I sent some shop bills round the neighbourhood, and in half an hour after I was sent for to St. Martin's-lane, to Mr. Hall's, a pawnbroker's; the prisoner was stopped there with the cloak. (The cloak produced and deposed to by the prosecutrix.) I had her before Justice Welch, who granted a search warrant, and in her lodgings we found the other pieces of cloth cut out for the other cloak, and some pieces of cloth besides; the whole remainder of what I had lost (produced and deposed to by the prosecutrix.)

John Brigg . I am foreman to Mr. Hall, the pawnbroker. On the 24th of November the prisoner came to our shop to pawn the cloak; I lent her six shillings, and took down her name and place of abode; she was not gone long before Bird came with the hand bills to stop it in case it was offered to be pawned, and told us they had lost such things; I turned to the note; I had taken down the name and place of abode; I went to her lodgings and brought her to our shop, and then I sent for the prosecutrix; she owned the cloak when she saw it, and the prisoner was taken before the Justice.

Charles Drum . I am a constable; I went with the search warrant to the prisoner's lodgings; there I found the cloak and the pieces of cloth produced.

Prisoner's Defence.

I submit myself to the mercy of the Court.

Guilty . T .

64. 65. (2d M.) BENJAMIN ROBINSON and THOMAS KIRBY were indicted for stealing a double brass arm for candles, value 1 s. two single brass arms for candles, value 2 s. one iron cuckold, value 3 d. one copper cover, value 2 s. one brass cover, value 1 s. 6 d. two copper fish kettles, plate and cover, value 20 s. two copper stew pots, value 10 s. two copper covers, value 1 s. six copper saucepans and covers, value 20 s. five copper stew pans and covers, value 20 s. one copper frying pan, value 4 s. two copper tea kettles, value 8 s. one copper chocolate pot, value 4 s. two copper coffee pots, value 5 s. nine brass candlesticks, value 6 s. one copper boiler, value 10 s. one copper coal scuttle, value 10 s. one copper turbot pan, plate, and cover, value 15 s. one copper drinking pot, value 2 s. two brass drudging boxes, value 6 d. and one large copper, value 30 s. the property of Thomas Fielling , Nov. 22 . *

Thomas Fielling . I lost the different articles mentioned in the indictment out of a house I had in George-street, Hanover-square , which I let furnished: Mrs. Hewet, who took care of my house, informed me of it. The things in this box are the same I lost.

William Rorderick . I am foreman to Mr. Hewet, an upholsterer: I had the care and charge of this house; I have in my hand a double brass arm, the fellow of this produced, that they took, which I have examined; the things in the box that is produced, belong to Mr. Fielling; I have an inventory containing the things lost out of the house; they were in the house on the 13th of October; they were missing the 23d of November; two men came and asked me if we had lost any copper, for two men were in custody, on suspicion, who had owned robbing a house. The goods produced are the goods; I know they are Mr. Fielling's

Dennis M'Donald. I am a constable: about half after ten o'clock, on the 22d of November, as I was on my watch, I met one of the prisoners, who had a great boiler upon his head; the other had a sack, and had some likewise in his hand; the man with the copper threw it down and ran away upon my seizing the other; the copper was picked up within two minutes after; Kirby was the man that had the sack; the other had the copper. I had seen them often before; I knew their persons. I brought Kirby to the watch; I met Lyons; he said he believed he could find out where the other man was gone that had thrown the copper down; we went to a place in Coal-yard, St. Giles's parish, that leads into Drury-lane and Holborn; there I found this Robinson in a house, and the things that are produced in that house where Robinson lodged.

- Lyons, the constable, confirmed this account.

A woman, that cleaned the house, deposed, that when she left the house, about three weeks ago, the things mentioned in the indictment were safe in the house.

Robinson's Defence.

I know nothing of the matter; I had not the copper upon my head.

Kirby's Defence.

A man threw down the copper and things and asked me to help him to carry them home; as it was near my house I said I would; he was about fifty yards before me.

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

Both guilty . T .

66, 67. (2d L.) HANNAH JONES and MARY MILLISON were indicted for stealing a pair of silver buckles, value 6 s. the property of John Worth , Dec. 2d . ++

Both acquitted .

68. (L.) THOMAS WILSON was indicted for stealing twenty-eight yards of woolen cloth, value 3 l. the property of Israel Mauduit , William Mauduit , and Edward Pickard , Nov. 6 . ++

Edward Pickard . I saw the prisoner lurking about my house on the 6th of November, about ten o'clock; about twelve o'clock the piece of cloth produced was brought in, charged by my servant to be found upon the prisoner; I am positive it is our property.

John Hilton . About ten o'clock coming out of the opposite warehouse, I saw the prisoner with this piece of cloth; I stopped him, and in the warehouse I took the cloth from him.

- Jeffrey. I saw the prisoner stopped, and the cloth took from him.

Prisoner's Defence.

I found the cloth there.

Guilty . B .

69. (2d L.) ESTHER PETERS was indicted for stealing a piece of printed linen, containing eleven yards, value 20 s. the property of John Bush , privately in his shop , Oct. 27 . ++

John Payne . I am an apprentice to Mr. Bush; the prisoner and Hannah Mumford came to my master, and bought some trifle; when they were gone we missed a piece of printed linen.

Charles Grubb , a constable, produced a piece of printed linen.

Payne. This is the piece that was stole at that time.

James Sligh . This piece of linen was pawned to me, not by the prisoner, but by one Camden.

Hannah Mumford . The prisoner and I went together to the shop; we took this piece of linen; we divided it between us; I pawned my share at one pawnbroker's, the prisoner, as far as I know, pawned her share at another's.

Prisoner's Defence.

I know nothing about the cloth.

Acquitted .

70. (2d L.) MARINA MASON was indicted for stealing a silver table spoon, value 10 s. the property of Sarah Payne , widow, Feb. 5 . ++

Acquitted .

71. (2d L.) RICHARD HOLLOWELL was indicted for stealing two planes, value 5 s. the property of Robert Pell , Esq ; John Lewis , and William Armrod , Nov. 21 . ++

Ann Judson . Mr. Pell, Mr. Lewis and Mr. Armrod, are executors in trust , under the will of Mrs. Wallis, for the benefit of an infant; I am in charge of the shop; there was a fire in our house. These planes, which were stole out of the shop, were found at Judith Nicholls 's.

Charles Blakey . I searched Judith Nicholls 's lodgings, and found these planes there.

Judith Nicholls I keep a shop in the neighbourhood, near Mr. Wallis's; my shop is a kind of a thoroughfare; the prisoner came in about eleven o'clock at night with two planes; he threw them down at the feet of Elizabeth Hughes , who took them up.

Sarah Wilmot . I was at Mrs. Nicholls's house: the prisoner is a carpenter; I remember him and a woman being there; the prisoner brought in the planes and threw them down.

John Wood . I am a constable: I found the planes at Mrs. Nicholls's; the duplicate marks them to be Mrs. Wallis's property.

- Godfrey. At taking up the prisoner, he said, Betty Booth brought them to the shop.

Prisoner's Defence.

I took them up from the fire and brought them into the house and laid them down; I never pretended to have any property in them.

He called his master and three of his shop-mates, who all gave him a very good character.

Acquitted .

72. (2d L.) ELIZABETH BOOTH was indicted for stealing a silk hat, value 6 d. a silk bonnet, value 6 d. and two pieces of silk, value 1 s. the property of Robert Pell , Esq ; John Lewis and William Armrod , Nov. 21 . ++

Charles Blakey . I am a servant in the shop which formerly belonged to Mrs. Wallis, to whom the prosecutors are executors, in trust , for an infant. I went to enquire after some things that had been stolen at the fire, and found the prisoner in custody; she was questioned about the matter, and asked to discover where the things were that were taken to her house, and there we found the things mentioned in the indictment (producing them.)

Ann Judson . I am employed in the shop; I remember seeing these things in the shop; they were there at the time of the fire.

John Wood . I am a constable; I took up the prisoner on the 27th of last month; I took her to the Admiral Vernon's head; she said if we would go to her lodgings she would deliver them up.

William Finch and Samuel Davis , two firemen, deposed, that they were ordered to watch at Judith Nicholls 's house, to see that nothing was carried out.

Prisoner's Defence.

I am entirely innocent; my witnesses are gone home.

Acquitted .

73. (2d L.) JOHN SEAL was indicted for stealing a sattin hat, value 4 s. the property of William Saunders , Oct. 30 . ++

- Saunders. I am the wife of William Saunders ; my hat was taken from my head a little after nine at night, on the 30th of October, as I was going along Fetter-lane , by a person whom I do not know; a person was secured and my hat brought me.

John Barker . On the 30th of October, a little after nine o'clock at night, I saw the prisoner running, and some people pursuing him; he was pursued into Roll's Buildings; there I saw him drop the hat; I took it up; (the hat produced and deposed to by the prosecutrix). I think the prisoner is the person. I am certain he is the man.

Prisoner's Defence.

There are two turnings there, I suppose the person went the other turning: I was walking slow eating an apple.

Mr. Barker. He was not walking slow, he was running, nor was he eating an apple.

Guilty . T .

74. (2d L.) RICHARD BRADFORD was indicted for stealing two pewter pint pots, value 2 s. the property of Benjamin Gearey , Oct. 16 . ++

Benjamin Gearey . I know nothing of the fact. I can swear these pots are my property.

- Gearey. I am the wife of the last witness. I saw the prisoner confused, and perceived a pot behind him; in my fright I put my hands to his pocket, and found two pewter pots, one in each coat pocket; one our's the other Mrs. Trinder's.

Prisoner's Defence.

She took them up through the flap of my coat; it lay over them; they were not in my pocket.

Prosecutrix. He was standing up when I took them out of his pocket.

Guilty of stealing to the value of 10 d. W .

75. (2d M.) JOHN TAYLOR was indicted for stealing one silver watch case, value 4 s. a small silver etwee case with a pair of silver scissars, value 2 s. a pair of stone shoe buckles, value 3 s. a red leather pocket book, and silver pencil, value 2 s. two silk gowns, value 40 s. a yard of silk, value 2 s. seven yards of thread sattin, value 7 s. and three pair of thread stockings, value 6 s. the property of Elizabeth Catherine Birchall , spinster, in the dwelling house of Ann Montague , widow, Sept. 20th. *

Elizabeth Catherine Birchall . I live in Newman-street: my aunt is house-keeper to Mrs. Ann Montague in Hanover-square ; I had liberty to put my clothes in her house; all the things mentioned in the indictment were in a box in the back garret. I was sent for to Mrs. Montague's, when I came there, I found my box locked: I got it open after some difficulty, and missed my things. I never saw any of them again, only the sattin, which was produced by a young man at Sir John Fielding 's. (The sattin produced and deposed to).

George Dawson . I had the sattin from Mr. Dobree's, a pawnbroker in Holborn; the prisoner brought me a duplicate, on or about the 14th of September, of this sattin, and asked me to take it out; having known him some time before, I went with him and took it out of pawn; it was pawned for 15 s. there is eleven yards of it; he said he had the duplicate of a young man of his acquaintance.

John Draper . I employed the prisoner in the Month of August to work in Mrs. Montague's house to repair a few things in the upholstery branch. On the Saturday before the 20th of September, he called on me and said he had done the sophy chairs, only he wanted some nails for the front; he came again on the Monday; I told him I had not the nails then; on the day following, the maid servant came and told me the person I had sent to repair these things had broke open almost all the locks in the house, and had stole a great deal of property. I went with her, and in the back parlour I found the drawers broke open; and in the dining room the lady's cabinet broke open; a large hair trunk and another box was broke open; but the prosecutrix's box was not broke open.

Ann Polter . I am house maid to Mrs. Montague; the prisoner was employed in my mistress's house about five weeks; the prisoner left off work on the 20th of September; on Tuesday the 21st I went up into the garret to clean it, and found a man's great coat and a pair of breeches stuffed under the drawers; I tried the drawers and they were broke open, and the closet door was broke open; I went to the dining room, to look at my mistress's cabinet, and I found that broke open; I went to Mr. Draper and accused the prisoner with it.

Q. Did you observe any thing done to Mrs. Birchall's box?

Potter. No; I sent for her knowing she had her clothes in our house.

Q. When was she sent for?

Potter. On the Wednesday; when she came I went up stairs with her; one of the boxes was locked; when she got it undone, we found the things were very much tumbled about.

Q. Was the box full?

Potter. No; not half full; the other box was broke open and fastened down again in some manner; when Mr. Draper came, we examined the house; a great many places were broke, but what was lost I do not know.

James Everest . I am a pawnbroker; the piece of silk was pawned at my master's in the name of John Johnson , and took out again in a fortnight; I do not know the person that pawned it; it was like the silk produced; I do not know it; it is called in the duplicate, eleven yards of thread sattin.

John Polly . I went to Mrs. Montague's house with the prisoner, some time in September; he took me to the desk, and we broke it open between us, and took out a black stocking.

Q. Do you know any thing about a box in the garret?

Polly. A large hair box I broke open in the garret, and a small box, but I took nothing out of them; there was a box of clothes broke open; I took a coat and breeches out and put them under the drawers.

Q. Do you know any thing of that silk?

Polly. No.

Prisoner's Defence.

I know nothing at all about it.

He called five witnesses who gave him a good character.

Acquitted .

(2d. M.) JOHN TAYLOR was a second time indicted for stealing one small table spoon, value 5 s. eleven guineas, two half guineas, and nine and sixpence in monies numbered, the property of Agnes Lander , in the dwelling house of Ann Montague , widow, Sept. 20th . *

Agnes Lander . I was in Mrs. Montague's house with the maid in September; I was to do nothing; I found my own provision; I had twelve guineas, and nine and sixpence, and a silver spoon in the desk, in a two pair of stairs room backwards; on Monday the 20th of September, I went out for all day; I saw the money in the desk before I went out; I locked the desk and put the key in my pocket; I returned in the evening, and the next evening between ten and eleven at night, I went to put the key in, and a piece of wood of about an inch droped out; I was in such a fright I cannot tell whether it was locked or no; I looked for the money, it was all gone, every farthing I had in the world, and the spoon, that I had not a halfpenny to buy a piece of bread.

John Draper . I employed the prisoner in August to repair the sophy chairs, and some other things in Mrs. Montague's house; he came to me on the Saturday before the 20th of September, for some nails to finish it; on the Tuesday the maid came to me and told me the person I sent to repair the house, had broke open a great many locks; I went with her and found a desk broke open in the two pair of stairs room; the piece of wood the lock went in was broke off; I applied to Sir John Fielding , and Polly and the prisoner were taken at Glasgow; I saw them brought in custody to the Brown Bear in Bow-street.

Ann Potter . I was with Mrs. Lander on Tuesday; when she went to bed she went to the desk and called out that it was broke open and all her money gone; I saw the wood was broke out, and the bolt of the lock was bare; the prisoner and the evidence were both at work there on Monday the 20th of September; I let them in about eleven, and they went away about one; I fetched Mr. Draper on Tuesday afternoon, I cannot tell the hour.

John Polly . On Monday the 20th of September, I was at Mrs. Montague's with the prisoner; we broke the desk open in the two pair of stairs.

Q. How long were you there?

Polly. About an hour; we took a black stocking out of the desk; I had a share of four guineas, a crown piece, and two half crown pieces; there was in all eight guineas, two crown pieces, a half crown and a silver spoon.

Q. Was there any mark on the spoon?

Polly. I did not see any; it was in size between a table and a tea spoon; we sold it in Edinburgh; we went on Tuesday on board a ship for Edinburgh; when we got to Edinburgh we heard that there was a warrant out against us, and went from thence to Glasgow; there we were taken up together, and brought to the Brown Bear opposite Sir John Fielding 's.

Q. to Mrs. Lander. You talk of losing twelve guineas and nine shillings and sixpence?

Lander. There were twelve guineas, two crowns and a half.

The prisoner said nothing in his defence, but called five witnesses who gave him a good character.

Guilty . Death .

76. (2d. M.) WILLIAM REDWOOD was indicted for stealing twenty-five yards of Irish linen cloth, value 25 s. the property of Thomas Jones , Nov. 13th . +

James Cutforth . I live with Mr. Jones, a linen-draper , in Oxford-street ; on Tuesday the 13th of November, about four in the afternoon a man informed me a person had run away with some cloth, and shewed him to me; I pursued him down Warner-street, and saw him drop the piece of cloth down an area; he was about twenty yards before me; I still pursued him; he went into a little court; there he stopped, and I took him; I never lost sight of him; the prisoner at the bar is the person; we went to the area and got the linen; I do not know the man that assisted me; he was a stranger; we have not seen him since.

John Henderson . I am servant to Mr. Jones; this is Mr. Jones's property.

Prisoner's Defence.

I picked up the linen on the ground; I did not take it from the place.

He called three witnesses who gave him a good character.

Guilty . T .

77. (2d. M.) MARY HARE , spinster, was indicted for stealing a pair of linen sheets, value 3 s. and a cotton and linen bed quilt, value 2 s. the property of Thomas Lyon , in a certain lodging room, let by contract by the said Thomas to the said Mary , Nov. 5th . *

Catherine Lyon . I am the wife of James Lyon ; I live in Charles-street, Drury-lane ; the prisoner took a lodging of me about two months ago or better; she paid me nightly; she had a key; she was to pay me at the rate of 2 s. a week; she was to have what she wanted for her use, a bed, sheets, a blanket, and a quilt; they were in the room. I went out last Sunday night; when I came home I missed a quilt; she said she would bring it to-morrow; I put down the bed and bedstead, and missed the sheet; I asked her how she came to take away my things; I went for an officer, and he took her to the round house; there she confessed she had pawned them; I found the sheets at Mr. Craven's; the officer found the quilt and brought it to Justice Welch's.

Thomas Crawn . The prisoner brought to me these sheets to pledge, (producing them); one was pawned the 25th of last month, the other the 15th; I lent her two shillings on one, and twenty-pence on the other.

Prisoner's Defence.

I did not take them with a bad design; I did not leave the lodging; I told her when I sold my things, I would bring them out; it was my design to bring them next day; I had bought some things I could not pay for.

Guilty of stealing to the value of 10 d. W .

78. (2d. M.) ELIZABETH the wife of Samuel CONSTABLE was indicted for stealing eight linen shirts, value 20 s. the property of Margaret Slow , widow, Nov. 10th . +

Margaret Slow . I am a widow; I live in Great Peter-street, St. James's ; I take in washing; I lost these shirts the 10th of November; they belonged to two young men; one marked I. B. the other E. E. About six in the evening, Mr. and Mrs. Boyd being out, I heard somebody come in at the door; I called, who is there? nobody answered; I went up stairs out of the kitchen and found the prisoner in the yard; she had the shirts in her lap; I laid hold of her and she was carried before Justice Welch; I took them from her; I have not got them to produce because I delivered them to the owners.

- Boyd. The 10th of November I was out; when I came in, the prosecutrix said she had got a thief in the yard.

Prisoner's Defence.

The prosecutrix took me before Justice Wright; she said there, she had her property, and was well satisfied, and he discharged me; she took me again three days after; I am six months gone with child; it is the first offence.

Guilty of stealing to the value of 10 d. W .

79. (L.) JAMES COVERLY was indicted for stealing a pewter pint pot, value 10 d. the property of George Watson , Nov. 20 . +

Acquitted .

80, 81, 82. (M.) ANN DUFFEY , SARAH MARSHALL , and CHARLES THOMPSON, otherwise GYPSEY CHARLES , were indicted; the two first for stealing a metal watch, value 6 l. the property of Charles Silborn , Nov. 9 . the other for receiving it well knowing it to have been stolen . +

All three acquitted .

83, 84, 85, 86. (M.) THOMAS CRAWFORD , JAMES STAINS , MARY MARTIN , and ANN SHIPMAN were indicted; the two first for stealing five live geese, value 15 s. the property of Charles Laycock , and the other two for receiving the said geese well knowing them to have been stolen , Oct. 2d . +

All four acquitted .

87. (M.) SARAH JOHNSON was indicted for stealing a linen sheet, value 3 s. a linen tablecloth, value 1 s. and two pillowbiers, value 1 s. the property of John Miller , the said goods being in a certain lodging room, let by contract , by the said John to the said Sarah, Dec. 6 . *

Acquitted .

88, 89. (M.) JAMES HINE and JOHN HASELDINE were indicted; the first for stealing a Cheshire cheese, value 21 s. the property of William Laughton ; and the other for receiving the said cheese well knowing it to have been stolen , Oct. 29 . ++

Both acquitted .

90. (M.) THOMAS CRAWFORD was indicted for stealing three live geese, value 9 s. the property of Charles Laycock , Nov. 6 . *

On this, as well as the last trial, there was no evidence, except the accomplice, that brought the charge home to the prisoner.

Acquitted .

91. (L.) JOHN GRIFFITHS was indicted for stealing six silver tea spoons, value 12 s. and a pair of silver tea tongs, value 8 s. the property of John Crompton , Oct. 21 . ++

Acquitted .

92, 93. (2d M.) JOHN GOOD and THOMAS BEACH were indicted for stealing a wooden firkin, containing 50 lb. of butter, value 10 s. the property of Joseph Parker , Nov. 29 . +

Both acquitted .

94, 95, 96. (2d M.) RACHAEL SAMPSON , spinster, THOMAS FUKES , and SARAH, the wife of HENRY BARNET , were indicted for stealing a looking glass, value 15 s. the property of Joseph Cooper , Nov. 26 . *

All acquitted .

97. (2d L.) SARAH SMITH was indicted for wilful and corrupt perjury, in the evidence she gave on the trial of Francis, otherwise Frank Lewis, at the last session, at Justice Hall in the Old Bailey . ++

(See the trial of Lewis, No. 679, in the last mayoralty.)

Joseph Taylor . The defendant Sarah Smith swore on the trial of Francis Lewis that she saw him buy the cap in Rosemary-lane, about five o'clock on Saturday the 16th of October; she said he bought it of a woman that had caps to sell in the street, and gave seven-pence for it.

Q. Did she say she saw him buy it?

Taylor. Yes; she swore positively she did.

Ann Croat . I am servant to Mr. Moxam, the prosecutor. On the 16th of October as I was coming out of the gate, going to the bake house, I saw the black man (Lewis) coming out of my master's gate; I met my young master in the yard; I asked him if any body had been up in the shop; he said no. I had taken the two caps off the line, and the sheet a little before; when I came back they were both gone; it then wanted about five minutes of seven o'clock.

Q. You are pretty sure it was after six?

Croat. I am certain of it.

William Moxam . About seven o'clock I was coming out of our yard along with Mr. Taylor; our servant met us, and asked us if any body had been in our shop; I answered her in the negative; she said she had met a black man coming out of the gate; she went in and missed the several things mentioned in the indictment. Francis Lewis was brought back to our house, and searched within a quarter of an hour after we missed the things, and I saw the cap taken from him.

Q. to Taylor. Was the cap produced in Court these people swore to?

Taylor. Yes. He dropped the cap with taking out his handkerchief; he was accused with having it; he denied having it.

Mrs. Moxam. This is the cap that was found upon Lewis, clean, and hardly dry when it was taken from him; that was about a quarter after seven.

Q. Where was he taken?

Moxam. The other end of Pennington-street, Old Gravel-lane; he was taken up for another robbery, and our people going up the lane, saw him; this is the cap that was produced on the trial of Lewis.

Ann Croat . This is the cap that I hung upon the line; I am certain of it.

John Goging . Mrs. Moxam desired me to go to the pawnbrokers, to enquire if they were pledged any where; I saw a mob in Pennington-street; they said a black man was there for stealing women's apparel; by the description I had had, I thought it was the black that had stole our things; I asked him what he had in his waistcoat pocke t; he said nothing but his handkerchief; he pulled it out, and this nightcap dropped out.

Q. What time did you see the black taken up?

Goging. A little after seven; he said his master gave him the cap then: but before Justice Sherwood he said he bought it in Rag Fair.

Prisoner's Defence.

I saw him buy it. It is very hard for me to suffer two months imprisonment after he has been transported for seven years.

Guilty . T .

98. (2d L.) ELIZABETH YOUNG was indicted for wilful and corrupt perjury, in the evidence she gave on the trial of Francis, otherwise Frank Lewis, at the last session at Justice Hall in the Old-Bailey . ++

Joseph Taylor . The defendant was asked if she knew any thing of Lewis's buying the cap; she said he bought it in Rosemary-lane; that she knew it to be the cap, because she saw no other; that it was about five o'clock; and that he gave seven pence for it.

Q. Did she say it was before or after five?

Taylor. She said five or thereabouts; it was before it was missing.

John Marsom . I am clerk to Mr. Gurney; I took down, in short hand, the trial of Francis Lewis , at the last sessions: the prisoner was called on the behalf of Lewis; she swore as follows, (reads)

"That she was coming along

"with Sarah Smith when the prisoner bought

"the cap; that it was between five and six

"o'clock. She was asked if she should know

"the cap again; it was shewn her; she said it

"was a plain cap; she believed that was it:

"She was asked if she could upon her oath saw

"that was the cap; she said she would take her

"oath of it; that she did not see any other cap,

"therefore it must be the cap."

Ann Croat . I was in the Court when the prisoner swore to this cap; I went out to get a loaf about twelve doors from my master's house; as I was coming in again, I met this black man coming out of the gate; I met my master and asked him if any body had been in the shop; he said no; I missed the sheet and the cap off of the dresser, and the things mentioned in the indictment; the cap lay on the dresser with the sheet when I went out; I took it in with my own hand just before I went to the bake-house.

William Moxam . I and Mr. Taylor were coming across the yard; the servant asked if any body had been in the shop; I said no; she said she was afraid we had been robbed; she went in and missed the several things that were in the indictment; I am sure the cap produced is the cap that was found on the prisoner and produced last sessions.

Ann Moxam . The cap is my husband's; I was not in the room when the cap was taken from the prisoner.

James Goging . I remember when the black was taken, the cap fell out of his pocket; it was seven o'clock or a little after; it is the cap that was produced at the trial of the black.

Prisoner's Defence.

I have nothing to say; I have not a friend in the world.

Guilty . T .

99. (2d. L.) DENNIS DOLLAND was indicted for wilful and corrupt perjury, in an affidavit made before the Prothonotaries of the Marshalsea Court, for the purpose of having the sum of 8 l. indorsed upon a certain process against Edward Walsh , by which said process he was arrested and held to bail . ++

Acquitted .

John Chilton convicted last sessions of wilful and corrupt perjury, and whose sentence was then respited, received sentence to be imprisoned for two months and to be transported for seven years .

Thomas Ashby , Edward Lunday M'Daniel , William Cox , Emanuel Peal , and John Sterling , capitally convicted last sessions but one, were executed at Tyburn on Wednesday the 27th of October, and Holdsworth Hill , and James Childs , capitally convicted last sessions, were executed on Wednesday the 24th of November: the rest of the capital convicts were respited during his Majesty's pleasure.

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

Received Sentence of Death, 7.

Robert Leigh , John Cliff , Robert Johnston , Benjamin Martin , John Ridley , James M'Daniel , and John Taylor .

Transportation for seven years, 27.

Henry Porte , Edward Coleman , John Hall , John Ward , John Seal , John Harden , Richard Watson , Ann Field , Solomon Moses , Thomas Duggan , Sarah Smith , Elizabeth Young , William Fletcher , Lewis Jaffray , Thomas Rowley , Mary Worth , Ann Chatham , Benjamin Robinson , Elizabeth Tugwell , Thomas Kirby , Henry Savage , Alice Collins , William Redwood , George Watson , Catherine Fagan , Mary Dayley and Thomas Jones .

Branded 4.

Thomas Willis , Jonathan Parker , Hugh Seddon , and Judith Bonney .

Whipped, 12.

Alexander Calendine , Richard Bradford , Ann Ball , Benjamin Paul , Robert Cansmell , James Harrold , William Hughes , John Beddington , Charles Mitchell , Sarah Hayes , Mary Hare , and Elizabeth Constable .

John Chilton convicted last sessions of wilful and corrupt perjury, and whose sentence was then respited, received sentence to be imprisoned for two months and to be transported for seven years .

Thomas Ashby , Edward Lunday M'Daniel , William Cox , Emanuel Peal , and John Sterling , capitally convicted last sessions but one, were executed at Tyburn on Wednesday the 27th of October, and Holdsworth Hill , and James Childs , capitally convicted last sessions, were executed on Wednesday the 24th of November: the rest of the capital convicts were respited during his Majesty's pleasure.

JOSEPH GURNEY , WRITER of these PROCEEDINGS, In Southampton Buildings, Chancery Lane,

Accurately 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 Edition of BRACHYGRAPHY or SHORT WRITING, Made easy to the meanest Capacity, Price bound 8 s.

*** The Book may also be had of MARTHA GURNEY , Bookseller, No. 34, Bell-yard, Temple-bar, where may be had PECULIAR GOOD PENS, made in a Manner very superior to what are commonly offered to Sale, at 6 s. and 8 s. per Hundred.

JOSEPH GURNEY , WRITER of these PROCEEDINGS, In Southampton Buildings, Chancery Lane,

Accurately 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 Edition, of BRACHYGRAPHY of SHORT WRITING, Made easy to the meanest Capacity Price bound 8 s.

*** The Book may also he had of MARTHA GURNEY , Bookseller, No. 34 1/2 Bell-yard, Temple-bar, where may be had PECULIAR GOOD PENS, made in a Manner very superior to what are commonly offered to Sale, at 6 s. and 8 s. per Hundred.