Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 02 September 2014), January 1774 (17740112).

Old Bailey Proceedings, 12th January 1774.

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 12th, Thursday the 13th, Friday the 14th, Saturday the 15th, Monday the 17th, Tuesday the 18th of JANUARY, 1774.

In the Fourteenth Year of His MAJESTY's Reign. Being the Second 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 II. 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 Right Honourable Sir SYDNEY STAFFORD SMYTHE, Knt. Lord Chief Baron of his Majesty's Court of Exchequer *; the Honourable EDWARD WILLES , Esq; one of the Justices of his Majesty's Court of King's Bench +; the Honourable Sir WILLIAM BLACKSTONE , Knt. one of the Justices of his Majesty's Court of Common Pleas ||; Mr. Serjeant GLYNN, Recorder ++; THOMAS NUGENT , Esq; Common Serjeant ~, and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

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

(L.) First London Jury.

(2d L.) Second London Jury.

(M.) First Middlesex Jury.

(2d M.) Second Middlesex Jury.

First London Jury.

James West

Thomas Davner

James Brainsbrigg

John Belcham

Thomas Holbrook

Guy Wilbourn

James Smith

Gilbert Podner

John Murray

James Russell

Charles Phillips

Walter Godfrey

First Middlesex Jury.

John Leader

Richard Day

William Leach

Richard Hott

Thomas Ward

Daniel Beales

William Gates

John Clark

John Pass

John Dover

John Page

Caesar Hore

Second Middlesex Jury.

William Miades

Samual Ayres

John Causway

Francis Thompson

John Watkin

Richard Parkes

Benjamin Figgins

Richard Oliver

Phillip Vincent

Thomas Lucas

Peter Tabois

George Sage

100. (2d M.) JAMES BARRET was indicted for stealing a silver watch, value 30 s. a steel watch chain, value 6 d. a cornelian stone seal set in silver, value 2 s. a brass key, value 1 d. the property of Richard Gorton , Oct. 1 . ++

Richard Gorton . The watch was wore by my wife.

Margaret Gorton . I am the wife of the prosecutor. On Saturday the 1st of October the prisoner, who had frequently called at my house to enquire for a relation of mine, came into the kitchen I remember about twenty minutes after four; the watch was hanging up on the mantle piece in the kitchen, and the prisoner was then in the room; I was called out by some person who enquired whether there were any lodgers in the house; I answered in the negative, and I staid only the time that might be spent in asking such a question and giving the answer to it; I then returned into the room, and then the prisoner took his leave; I went after him and fastened the batch; I turned into the kitchen and found the watch gone; I called after the prisoner but he was out of sight.

Thomas Catterell . I am a pawnbroker: on the 2d of October a person brought this watch to pawn; I do not know the person that brought it; I think he had some resemblance to the prisoner; I cannot swear that he is the man. The watch was afterwards taken out of pawn by two men.

Joseph Owen . The watch was sold to me by Robert Apsel and another man; I cannot say whether the other person was the prisoner or no; it has been in my custody ever since. ( Produced and deposed to by both the prosecutor and prosecutrix.)

Robert Apsel . I assist persons in distress by taking their goods out of pawn and selling them for them; the prisoner applied to me to assist to take this watch out of pawn; it was pledged for a guinea; I could not get more than thirty shillings for it, and I did dispose of it to Mr. Owen.

Prisoner's Defence.

I was in distress for money; I asked Mrs. Gorton to assist me with some; she said she had no money but she had a watch, upon which I might raise money; she delivered the watch to me to raise money to supply my necessities.

Q. to the prosecutrix. Is that true?

Prosecutrix. No, upon my oath it is false; I did not know that the watch was gone till the prisoner was gone out of the house and I returned into the kitchen.

Guilty . T .

101, 102, 103. (2d M.) SARAH WADE , spinster ESTHER MILLS , spinster, and PEELING HEARNE were indicted; the two first for stealing a paper machee snuff box, value 1 s. and nine guineas, the property of William Hallaly ; and a silver watch, value 3 l. a guinea, a half guinea, and five shillings in money, numbered, the property of Michael Macartney , in the dwelling house of John Martin , Dec. 25 . ++

William Hallaly . I am a clerk in the Custom-house ; I was sitting up all night with some friends on the 25th of December; it was too late to go to my lodgings; I wanted to rest myself; the two prisoners proposed to carry me to their lodgings, where I might have a bed; I agreed to give them two shillings; I went with them; I took off my coat; I had a snuff box and nine guineas in it, which I wrapped up in my handkerchief and put in my inside coat pocket; I took off only my coat, laid it by, and lay down and went to sleep.

Q. Did the two prisoners go to bed to you?

Hallaly. No, they sat by the fire; I soon fell asleep; I do not know what became of them afterwards. About seven in the morning Hearne came; he waked me, and asked me what business I had there, that it was his bed; I got up and then first discovered the loss of the box and money. I was in liquor at the time, and do not know the house I was carried into.

Patrick Devine . Mr. Hallaly charged me with the prisoner Hearne, and the two women, with robbing him; I went to the public house, and there I found Sarah Wade and the other woman; I took them into custody. Questioning them about the money, Wade said she delivered the snuff box to Mr. Wright; I went to Mr. Wright; he immediately produced the snuff box and four guineas in it. I have had the custody of the snuff box ever since. (The box produced and deposed to by the prosecutor). There were but four guineas in it; she was asked what she had done with the rest; she said she had paid it away.

- Wright. I am a publican: Sarah Wade came to my house with the snuff box and four guineas in it; she called for some purl and desired me to take care of the snuff box.

Wade's Defence.

The snuff box was given me by Mr. Hallaly.

Mr. Hallaly. That is entirely false.

The other two prisoners denied the charge, and said they were not concerned in taking it.

Hearne called several witnesses who gave him a good character.

WADE guilty of stealing to the value of 10 d. W .

MILLS acquitted .

HEARNE acquitted .

104, 105, 106. (M.) WILLIAM SHEENE , JOHN TRUSTY , and JOHN BUTCHER , were indicted for breaking and entering the dwelling house of Walter Renny , on the 1st of January , about the hour of eight in the night, and stealing eight pair of worsted stockings, value 14 s. the property of the said Walter, in his dwelling house . ||

Walter Renny . I keep a haberdasher's shop ; I live in Old Gravel-lane ; I am servant to a Leather-seller in Newgate-street: my wife attends the shop. On the 1st of January between six and eight at night, as my wife informs me, a pane of glass was broke in our shop window; my wife is not here; I was at Newgate-street, at my master's; I returned home at eight o'clock; when I came home I found a pane of glass broke; I left it whole at six o'clock in the morning; there were some stockings and a cloak missing. Some men brought Wigmore to my house, and desired me to go to Sir John Fielding 's; there I saw eight pair of stockings, some of which I can positively swear to; I believe all to be mine; I will not swear to the whole, but two pair I am sure are my property; I have had them in my shop ever since I kept shop, which is about half a year.

Barnard Barnard . I am an old-clothes-man; I live near Devonshire-square. The day before New Year's Day, Butcher came to me, and asked me where I lived, and whether I would buy any clothes of him; I told him I would accordingly the next day, which was Saturday, all the prisoners came to me, about eight or nine at night, and brought two bundles of stockings, and some shoes, which have nothing to do with this indictment, and asked four pounds; I bid them three pounds; they agreed to sell them for that sum. I suspected they were not honestly come by; I said I had no money by me, but I would go to a friend and get the money for them; I went accordingly to the Brown Bear , in Bow-street, opposite Sir John Fielding 's, and told his people I had some men at my apartment that I suspected; Mr. Clarke and others came with me; we took the prisoners and brought them before Sir John Fieldings and these stockings were part of what they brought with them.

Q. from Sheene. Was I there or not?

Barnard. No; he stood down by the steps; he did not come up to me but was with them as much as the others.

John Clarke . I was at the Brown Bear this evening; we went to Barnard's house by his request, and found Butcher there; about three minutes after Trusty came in likewise; I asked him how he came there; he said he had been with one Bill Sheene at the alehouse; but they came up together so soon that I believe they met him at the bottom of the stairs; I searched Sheene and took that knife out of his pocket; Wigmore, the evidence, surrendered on Monday morning, and then the whole story came out.

- Wigmore. On New Year's Day, Thursday, Butcher, Gold, and myself, went out with intention to do the first robbery that offered; we went to another house, after which we went on to Gravel-lane, to the present prosecutor's, and went to the window; Butcher said here is some stockings, I fancy they will come; I do not know whether the window was broke at that time or not, but as I stood at a distance, Trusty and Butcher went to get them; I and Sheene stood at some distance; I heard some kind of cracking of glass as I suppose, but whether it was by breaking the window, or drawing the stockings, it being ready broke, I cannot be positive; they brought several pair of stockings and gave them to Sheene and me; Butcher went to this Jew in order to sell them; they did not come so soon as I expected; I went there and saw these three men coming hand-cuffed, then I ran away.

Butcher called five witnesses, Sheene one, and Trusty three, who gave them good characters.

All three guilty of stealing the goods, but not guilty of breaking and entering the dwelling house . T .

107. (2d M.) HENRY PARSONS was indicted for stealing a shoulder of mutton, value 1 s. 6 d. and 2 lb. of cheese, value 6 d. the property of Ann Benham , widow , Dec. 25th . +

Ann Benham . I am a poor widow woman; I live at Hesson : I went out at eight on the evening of Christmas-day, and came home at ten o'clock; when I went out I saw the shoulder of mutton and the cheese in the cupboard adjoining to the fore room; when I came home I found the casement broke, to make room enough for a man to get in at. The prisoner has worked in the parish some time; I met him and charged him with the fact; he denied it very strongly; I took a constable with me, and went to the man's house and examined his wife.

Court. What she said is not evidence.

Prosecutrix. While I was conversing with the wife he came in; I charged him with it; at first he strongly denied it, and afterwards said if they would go with him into the orchard, he would shew them where the mutton and cheese was; I did not go into the orchard, but the constable and another man brought the shoulder of mutton and piece of cheese.

Thomas Turner . I am a constable: I went to the prisoner's house; the prisoner came in while I was conversing with his wife; I charged him with stealing the shoulder of mutton and cheese; he denied it some time; afterwards he said if I would go with him, he would shew it me; I took another young man with me, and he shewed as the shoulder of mutton in a bush by a hedge side; the cheese was there likewise.

Prisoner's Defence.

I did it by way of frolick. I am a new married man: my wife has had two children at a birth.

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

108. (2d M.) JAMES TYRER , otherwise LIVERPOOL , was indicted for that he, on the king's highway, on John Hand , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a silver watch, value 40 s. and two shillings in money, numbered, the property of the said John , Jan. 1st . +

Acquitted .

109, 110. (2d M.) ANN SCULLEY , spinster , and REBECCA BEDWELL , spinster, were indicted for stealing a red cardinal, value 2 s. the property of William Griskin , Jan. 3 . ||

Jane West . I live in King-street, Soho. I got up on Saturday last, at five o'clock in the morning, to go to Marybone; I borrowed a cloak of Mrs. Griskin, my landlady. I met the prisoners in King's-gate-street ; first of all they came up to me and asked me to give them some snuff; I said I had none to give them; they insisted upon my giving them some; still I put them off; one came before me, the other behind me, and snatched the cardinal off my back; I followed them, and saw Sculley with it in her hand; I went to them and asked them for it; they said they knew nothing of it, and if I said any thing more to them they would kick me into the street; they ran down Eagle-street; I called, watch! and secured them, but could not find the cloak upon them.

- Knight. I am the watchman; they said they had put the cloak down an area in Fisher-street, that goes down King's-gate-street, just by a cheesemonger's shop; I searched in that area, but did not find it there. The cloak has never been found since.

Jane Griskin . Jane West borrowed the cloak of me to go to Marybone.

Both the prisoners said, in their defence, that they never saw the woman nor the cloak.

Both guilty of stealing to the value of 10 d . W .

111. (L.) THOMAS YATES was indicted for stealing one pewter quart pot, value 1 s. two pewter pint pots, value 1 s. 6 d. and one pewter half pint pot, value 6 d. the property of Edward Jones , Jan. 8 . ~

Edward Jones . I keep the Ax, a public house in Grub-street ; the prisoner came to my house last Saturday night, between seven and eight o'clock, and called for a pennyworth of beer, and staid about a quarter of an hour. After he was gone, the witness told me that he had taken away some pots out of the house; I went to the prisoner's house; he was not at home; I waited two or three minutes and he came up stairs; I asked him how many pots he had of mine in his room; he with a great oath said he had none of my pots, and I might come in and see; I called to a person up stairs, and desired to bring a candle down, and then I found four pots standing on the table; he said he did not know how he came by them.

William Innes . I am a watchman: I was in Mr. Jones's house, sitting at the table where the prisoner was, on Saturday last; there was only him and I at the table; I saw him take the pots off the table; I believe there were two or three of them; he went out with them, and I followed him home to his own house; one of the pots was the pot he had his pennyworth of beer in; when I saw him go out I informed the prosecutor, but he could not come out.

Q. Did you know him before where he lived?

Innes. Yes. I followed him close and saw him put the pots down on the table; he did not see me; when he had put them down he returned to the house, and took another pot that stood, on the table by him, and three or four more. I acquainted the prosecutor of it, and he came and took him, and he dropped the pot under the table where he sat. The landlord and I went to the prisoner's house and found the other pots there.

Prisoner's Defence.

I went to Mr. Jones's house and called for a pennyworth of beer; I drank a little of it and then took the rest home in the pot; I came back and called for another pint; I drank some of that and took the rest home in the pot; the other quart and pint pot were in the house before.

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

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

112. (L.) ROBERT FOLER was indicted for stealing 14 oz. green tea, value 4 s. the property of Peter Anstie and Robert Worstead , Dec. 14 . ~

Peter Anstie . Robert Worstead and I are partners : we are tea-dealers , and live in Lombard-street ; the prisoner came to our shop on the 14th of December, about six o'clock in the evening, to purchase some tea; I was in the compting house; I saw him come in; he had dealt with us about three weeks; he used to come almost every evening, and buy two or three pound of tea, which he took with him; he used to come and smell at one chest and another; I did not take any notice of him then; my man, whose name is Ellison, was serving him in the shop. I was desired by the porter to go into the shop; when I came forward the porter said to him, You have stole some tea; he caught his pocket, and said here it is, and I saw it was loose in his pocket; the prisoner immediately took it out of his pocket and laid it upon the compter; my servant weighed it, and said it was fourteen ounces and a half. The porter said it was taken out of such a chest; it agreed with that tea.

Q. What did the prisoner say?

Anstie. He said it was his own property; I believe I asked him then why he took it out on the compter, or wanted to go away after it was taken out of his pocket; for I had kept the door; he asked me if I would detain him upon these circumstances; I told him my servant was gone for a constable, and I would certainly detain him till such time as he returned, to clear up the affair. He had heard me give the orders to fetch an officer.

Q. What quantity of tea did he use generally to buy?

Anstie. He used to buy a pound, or two, or three, and then carry it about to sell as smuggled tea ; that is his trade, and many others that use our shop.

Cross Examination.

Q. You have known him some time?

Anstie. I told you three weeks I believe.

Q. He used to buy it and sell it as smuggled tea?

Anstie. He has often told us so; and that he sold it for a shilling or eighteen-pence a pound more than he gave us.

Q. I believe he told you as soon as you charged him, that it was his own property?

Anstie. I believe he did.

Q. He pulled it out at once and shewed it to you?

Anstie. Yes, and was willing to leave it afterwards.

Q. Did he attempt to go?

Anstie. Not by force, only by asking the question whether he might.

Lawrence Grover . I am porter to Mess. Anstie and Worstead. The prisoner walked backwards and forwards in the shop; I saw him stop at the chest and take a handful of tea out; the chest stood upon another chest about the middle of the shop.

Q. What sort of tea was it?

Grover. Green tea. I saw him take several handfulls out of that chest that night.

Q. How long was the second time after the first?

Grover. About two minutes.

Q. What part of the shop was you in?

Grover. Putting up some currants in a bag at the end of the compter, between two and three yards from the prisoner.

Q. Why did you not prevent it after you saw him once?

Grover. I was willing to be certain. He put his hand open into the chest, and took it out full, and dropped some putting it into his pocket. I went into the compting house, and told my master that he had taken some tea out of such a chest; he took it out of his pocket and threw it out, and said it was not my master's; I said it was my master's.

Cross Examination.

Q. It is common I believe when people buy tea to smell it?

Grover. Yes, they may smell to it, and put it into the chest again. I had suspected him before, which induced me to watch him.

Prisoner's Defence.

On Saturday I went into their shop to buy some tea as usual. I bought a lump of sugar that came to 13 s. 1 d. on Saturday evening, two pound of Hyson tea at 9 s. 9 d. a pound, and a pound and a half of common tea at 5 s. 1 d. I happened to be short for a little more, and on Monday Miss Crawford desired I would change a pound of tea for her; accordingly I took her tea and put it from the cannister loose into my pocket. As I was going up Lombard-street I met Mrs. Jones, a custom-house officer's wife, that used to be a well-wisher of mine; I asked her if she wanted half a pound of tea against Christmas; she said she would; I gave her a little of it, perhaps an ounce or thereabouts; I desired her to stop while I went into Mr. Anstie's shop to buy some tea as usual; she would not stay; I said I would call in a day or two and make it up half a pound. I went into the shop and asked the shopman for some sugar; the man weighed and did it up for me, and put it into the window till the Monday, then I said I would call and pay for it. I asked him for some green tea; I did go to the chest and took a little tea out in my left hand, and at the same time I took some tea out of my own pocket with my right hand, and smelled to it; I returned my tea into my own pocket, and the other tea into the chest again; then the porter asked me if I had any tea; I said I had; he said it is in your pocket; I said you may take it, but claimed it to be mine; Mr. Anstie stopped me, and the constable was charged with me.

For the Prisoner.

- Crawford. On the 13th of December I exchanged about fourteen or fifteen ounces of tea with the prisoner; my tea was in a cannister; he emptied the cannister and put the tea loose into his pocket. I have known him three months; he has bore a good character.

- Jones. I have dealt with the prisoner several times: I met him in Lombard-street between five and six o'clock; he asked me if I wanted any tea against Christmas, and gave me some out of his pocket loose; he said perhaps that is not good enough for you, but if you will stay a little while, I am going into this shop to get three pounds of tea as usual, and you will have some better; I could not stay; I went away. I have known him two years; he always bore a good character.

- Sharpe. I am a taylor; he lodged with me three or four months; he always behaved well.

Guilty . T .

113. (L.) ANDREW NAROY was indicted for stealing a linen handkerchief, value 10 d. the property of Joshua Taylor , Dec. 30 . ++

Joshua Taylor . Going up Cornhill , about a quarter before seven o'clock, on the 30th of December. I felt something pluck at my pocket; I turned about and saw the prisoner with my handkerchief in his hand, as if just taken out of my pocket; I endeavoured to seize him as he was trying to convey it into the hands of another boy; I followed him, and afterwards took him, but never recovered my handkerchief.

The prisoner called a woman to his character.

Guilty . T .

114. (L.) GEORGE STEWART was indicted for stealing a linen handkerchief, value 10 d. the property of Reuben How , Dec. 16 . ++

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

Acquitted .

115. (L.) MARY FOX was indicted for stealing a cheese, 12 lb. wt. value 4 s the property of William Smith , Jan. 4th . ++

William Smith . The prisoner was my servant ; she had asked leave of her mistress to go out, and returned about three o'clock; the servants told me she was gone out again with a cheese. I took her in the Bell ale-house, Mincing-lane; the cheese was two yards distance from her in the passage; she had dropped it before I came. (The cheese produced and deposed to by the prosecutor.)

Edward Duffill . The prisoner came home earlier than I expected, about two o'clock. I saw her go out with the cheese; she endeavoured to hide it with her apron, but I saw it.

Prisoner's Defence.

I did not take the cheese from my master; I found the cheese and carried it home.

Q. to Duffill. Did she come in with any cheese?

Duffill. I did not see her come in.

Prosecutor. Each dairy have a mark and number; they are marked with the number at the dairy.

Guilty . T .

116. (M.) REBECCA WALKER was indicted for stealing two silver table spoons, value 10 s. a linen table cloth, value 1 s. and a linen towel, value 6 d. the property of William Latham . ||

Acquitted .

117, 118. (M.) JOHN COOK and JOHN MORRIS were indicted for breaking and entering the dwelling house of Moses Montifore , on the 31st of December , about the hour of one in the night, and stealing a large copper, value 20 s. fourteen pewter plates, value 3 s. three pewter dishes, value 3 s. a brass candlestick, value 2 d. a copper pot lid, value 4 d. and a pewter bason, value 6 d. the property of the said Moses, in his dwelling house . ++

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

William Archer . I am headborough of St. Luke's parish. I was called to take care of the prisoners: I went to a public house to the two prisoners; they said they had stopped the prisoners with a copper, and at a public house in James-court I should find more goods; I went there, and there I found the rest of the goods contained in the indictment (repeating them); these were in the lodgings of Cook. After that I went to Hackney ; there I examined Mr. Montifore's house, and found it had been broke open. I measured the place the copper came from, and it appeared to tally with the copper; the upper part of the closet was broke from the bannister; they seemingly got the pewter out there.

James Blundell . I am a watchman of St. Luke's parish, and was beating the hour at five o'clock; one told me he saw two men; I got a brother watchman; they came back with another load; my partner left me being tired, and another watchman came by and helped me; Cook came out with the copper; as he came out of the court I caught him by the collar, and asked him where he was going with that; he said, what is that to you; I insisted upon knowing; he said he was going to set it up; I said he should set it down; he put it down and offered to strike me; I took out my little staff and swore I would knock him down if he offered to resist. I sent another watchman to the prisoners house to see that nobody came out; he went down there and took the other prisoner.

Archer. They have been in my custody ever since.

Prosecutor. I can swear to the pewter; it has my marks upon it; there is a copper wanting in my wash-house; I cannot swear to it; these were at my country house.

Q. from Cook to Blundell. Whether you did not threaten to knock my brains out if I did not put down the copper?

Blundell. Yes, when he began to be rustical and was going to strike me.

William Parker . On the 1st of January I saw these two prisoners come down the court; one had a copper, the other a load in a bag; they went into the house and left the loads, and came out again in about ten minutes, with each an empty bag under his arm; I called my wife up, and said, something was going forward that is not right; she got up; they returned in about three-quarters of an hour with each a load again; my wife and I followed them to the door, and saw them go up stairs with the goods; when they were examined before the Justice, the Justice asked the man that had the copper, if he had the copper; he said, yes. He carried it into the house and brought it out again, and that the other was the man that had the load upon his back.

Q. Are you sure these are the men?

Parker. Yes.

Q. Did you see Morris before?

Parker. Never before in my life.

Q. What time of night was it?

Parker. In the morning.

Q. Was it day light?

Parker. No, quite dark.

Q. Then can you be sure that is the man?

Parker. Yes, I took notice of him.

Q. from the prisoners. Whether more than two went into the house?

Parker. I am positive there were no more than these two men.

Richard Harwood . I am a watchman; it was after the watch hours; I was going to work; Blundell called me to his assistance; he said he had intelligence where these things were carried in, which he thought were stole; I stood there about a quarter of an hour; I went for a pint of purl; when I returned I saw Cook with the copper on his head; Blundell bid me go down to No. 5 in the court; I went there; I caught Morris just at the door; I cannot say whether within or without; I said he was the man I wanted; I took him, and brought him to the public house.

Alexander Morrison . I am a gardener: I work for Mr. Montifore.

Q. Do you live in the house?

Morrison. No. I went down on the 1st of January to work in the garden; I found the house broke open. Between eleven and twelve o'clock I came to the gentleman's house at London; we went and looked over the house, and found it robbed of a copper, some pewter, and some lead from the outside.

Q. How do you know the pewter was gone out of the house, you did not know what pewter was there before, did you?

Morrison. No.

Cook's Defence.

I was coming to my work on Friday night: a man stopped us in Houndsditch, and asked me to set him up a copper; I said I could; he asked me if I would come in the morning about four or five o'clock; I said I would do it, he said they were out of his house, for he was afraid of having them seized. This man met me, and gave them me, packed up, ready for us, by the Fox at Greenland-road; as I came to Shoreditch church he asked me if I could lodge them at my house, for he was just got into a new lodging, and did not care to disturb the man; I agreed to it; after that I took another turn, and then he said he would call his landlord up. As I was coming out of the lodging, between seven and eight, Blundell stopped me; I said I was going to set the copper up; I said I was no thief, if he would go with me I would shew him the man I had the copper from. He threatened to knock me down.

Morris's Defence.

This man came and said he could help me to a job if I would come in the morning betimes; I went at four o'clock, and there was a man waiting with the things; he desired us to let him leave them at Cook's, which he did.

For Cook.

John Blake . Cook is a very honest man: I have known him six years; he is a bricklayer's labourer .

Robert Parsons . Cook has served me many days as a labourer: I am a bricklayer; I never heard any harm of him.

William Rice . I have known Cook three or four years: I am a bricklayer; I believe him to be a very worthy honest man; he has a good character.

Thomas Bishop . I never heard any thing amiss of his character in my life; I have known him between six and seven years. I am a bricklayer's labourer.

Christopher Durand . I am a bricklayer: I have known Cook between eight and nine years; he has worked for me: if he was at liberty I would employ him again to-morrow.

COOK guilty of stealing the goods, but not guilty of breaking and entering the dwelling house . T .

MORRIS acquitted .

119. (2d M.) WILLIAM ARCHER was indicted for feloniously breaking and entering the dwelling house of Lewis Hales , between the hours of one and two (no person being therein) and stealing two men's cloth coats, value 20 s. one pair of cloth breeches, value 2 s. one pair of worsted breeches, value 1 s. one cloth waistcoat, value 6 s. one child's cloth coat, value 2 s. one child's cloth waistcoat, value 6 d. one child's hat, value 6 d. seven pair of white thread stockings, value 7 s. one pair of worsted stockings, value 3 s. one muslin neckcloth, value 6 d. one pair of steel knee buckles, value 4 d. one linen gown, value 8 s. one linen apron, value 2 s. one silk bonnet, value 2 s. one pair of common leather shoes, value 1 s. 6 d. two laced linen caps, value 2 s. threw plain linen caps, value 1 s. two French bead necklaces, value 2 s. one silk handkerchief, value 1 s. one linen handkerchief, value 3 d. one wooden box with an iron lock and key, value 1 s. one paper fan, value 6 d. four silk ribbons, value 1 s. two linen housewifes, value 6 d. one silk pincushion, value 2 d. one half guinea, and one quarter of a guinea, the property of the said Lewis, in his dwelling house . ++

Lewis Hales . I am a journeyman paper stainer . My house was robbed lately, between one and two o'clock in the day time, while I was out. I left my wife at home when I went out, but I find she went out afterwards. I lost the things; the cloth coats, two pair of breeches, a black cloth waistcoat, a pair of thread stockings, and a pair of black rib stockings, the half guinea and quarter guinea, I gave my daughter to put in her box.

Q. In what room?

Hales. There is but one room to the house; it is a small garden house. I found them wanting as soon as I returned: my wife came back before me. These things I found in the prisoner's lodgings; I found a coat upon a little boy at the time the prisoner was apprehended; I found the coat upon the back of the prisoner. All these things have been in my possession ever since: the coat and waistcoat were upon his back; the other things in his lodgings. I am positive they are my property. The trunk has something singular in it that I can distinguish it by.

Sarah Hales . On the 15th of November last, about nine o'clock I went out after my husband; I returned before him, about four in the afternoon; the windows and doors were shut when I went out; when I came home, the gutter over the window was broke down, and the window open. The things mentioned in the indictment were taken away. (The rest of the things that the husband had not particularly deposed to were deposed to by this witness).

John Dormer . I am a weaver: I took the prisoner: I took the coat; he had the coat now produced soon his back.

Mary Davis . I saw a man between one and two o'clock drop out of the window of the prosecutor's house. I am positive that man is the prisoner.

Prisoner's Defence.

These things were given to me; I have a witness to prove it.

For the Prisoner.

Mary Wilson Some time in the latter end of October, or the beginning of November; it must be within these two months; I was then a servant to one Abbott, that lived upon Saffron-hill; the prisoner used to come to and fro; he was employed to fetch some rabbits for him; when he brought them home, Abott having promised to give him something for his trouble, gave him that coat.

Q. How did your master come by it?

Wilson. I saw him bring a bundle of things into the house; I suppose the coat and waistcoat were contained in it.

Q. When was it brought in?

Wilson. Three or four days before; it was a brown coat and waistcoat with white metal buttons.

Witness. I believe that coat and waistcoat are them.

Guilty of breaking and entering the dwelling house and stealing to the value of 4 s. 10 d . T .

120. (L.) DENNIS CURRIN was indicted for stealing a Bank note for two hundred pounds, another Bank note for one hundred pounds, another Bank note for forty pounds, the said notes being due and unsatisfied, and twenty guineas, the property of George Corfield , in his dwelling house , Dec. 20th . ++

George Corfield . I kept the Eight Bells, a public house in Southwark; I let that house, and was appraised out by Martin Currin . The prisoner was present when the money was paid to me for the stock there. The prisoner said he understood I was going to take the Rose in Cursitor-street , and told me that he knew the house as well or better than I did. I lay at the Rose in Cursitor-street that night; the next day (Friday) my wife came over with the money; I looked over the notes and money and saw they were right, and put them into a chest of drawers in my bed chamber. On Monday evening, the 20th of December, my wife and I went to the play; before we went to the play, at about four o'clock, my wife desired me to unlock the chest of drawers and see that every thing was safe; I did, and saw all was safe; I locked the drawers and the chamber door. When we came home my wife went up stairs; I heard her cry out; I went up to her; she said we are ruined! we are robbed! the chest of drawers was left open, and there was a new key left in it. (A bank note of 200 l. shewn the witness.) I believe this is one of the notes I lost; to the best of my knowledge this is the mark I observed upon it before; when I went to Mr. Hoare's I described it by that mark before I saw it; I did not look at the number of either of the notes. I suspected the prisoner from what had passed at the Eight Bells. I went to Old-street next morning; when I returned home I found Mr. Johnson had been at my house, and left a message desiring me to meet him at the Brown Bear , near Sir John Fielding 's; I went there; he joined with me in suspecting the prisoner, and he took him in custody that night.

Court. Mention what your reasons were for suspecting the prisoner.

Corfield. He said to me I understand you have taken the Rose in Cursitor-street, I know the house very well, perhaps letter than you, and all about it; I shall often come and see you; and he was present when I made the appointment to go to the play. About one o'clock in the morning Mr. Johnson called me up, to inform me he had taken the prisoner. The note was shewn to him: he said he received it of a client; Sir John Fielding asked where; he said near Deptford; at last, he said of a soap boiler in Dog-kennel row; Sir John asked him if the man was there; he said no, he had not seen him a good while.

Cross Examination.

Q. When you went to the play who did you have in your house ?

Corfield. Two plumbers were working in the front of the house; there were two carpenters in the front room, and a man and woman in the kitchen, who were not servants to me, but were people that I know.

Q. The rose is a common through-fare from Cursitor-street into White's-alley ?

Corfield. Yes; there are many cribby islands about it.

Q. Which hand is the stair-case on as you go into White's-alley ?

Corfield. On the right hand.

Q. How high is this room?

Corfield. The one pair of stairs back room.

Q. Is there any communication with the fore room?

Corfield. That floor has the bed room and the dining room; there is a partition with a wainscot and two bolts to take down occasionally to lay it into one room.

Q. When you come out at the door of the bed room do you go directly upon the landing place?

Corfield. Yes; the dining room door opens upon the same landing place as you come up stairs.

Q. And you had at this time four men at work in the dining room?

Corfield. No, that was below stairs; there was nobody above.

Q. Any body might go up stairs coming from White's-alley?

Corfield. Yes, but from Cursitor-street they could not. I have got a partition put up now, agreeable to the old proverb,

"after the horse is stolen shut the stable door."

Q. Who was it you left at the Rose?

Corfield. A man that used to lodge at my old house.

Q. Had you any hand bills published?

Corfield. Yes, two thousand that night.

Q. What description did you give of your notes?

Corfield. A fifty, a forty, a hundred, and a two hundred.

Q. You was not able to specify the description of the notes?

Corfield. No.

Q. Is that one of the hand bills? (shewing the witness a printed paper).

Corfield. Yes.

Counsel. There is no mark mentioned there by which you knew the note?

Corfield. No. I had not been at Mr. Hoare's then.

Q. You had not seen the mark then?

Corfield. No, Sir John Fielding asked me what I thought the name was; I told him then that it was something like Holford.

Q. This client in the country he described as being a soap-boiler in Deptford?

Corfield. A soap-boiler in Dogkennel-row; I did not hear the man's name.

Q. Were the names Atkinson or Robinson mentioned ?

Corfield. I do not remember that they were.

Counsel for the crown. I believe you did not understand the gentleman when he asked you if you did not know at the time of the hand bills being printed, of that mark at the back; did you describe that before you saw the note?

Corfield. Yes; at Mr. Hoare's and at Sir John Fielding 's. I desired Mr. Hoare to keep it in his hand till he saw whether there was such a mark at the back; he did so, and saw the mark.

Mrs. Corfield. I am the prosecutor's wife. I brought in my pocket the bank notes that we received at the Eight Bells; I put them in a drawer in the one-pair-of-stairs back room at the Rose in Cursitor-street, the same room we put our plate in.

Q. I believe you went to some place of public entertainment?

Corfield. Yes; the agreement was made on the Thursday before, at the Eight Bells, in the presence of the prisoner. I saw the notes and money were safe about four in the afternoon; when we returned from the play they were gone.

William Johnson deposed that he saw the prisoner at the Cocoa Tree at Charing Cross; that there was another person with him, and that there were five heaps of gold, five shillings, and some bank notes on the table, and that he heard the prisoner say he had received a two hundred pound bank note from one of his clients.

- Johnson. I am the wife of the last witness. The prisoner came to my house the night before he was taken up; he desired me to go to some of my tradesmen to change a two hundred pound bank note, which he said belonged to one of his clients, and he would pay me what he owed me. I went to my butcher's, and a friend of his, Mr. Pettifont, gave me a note to Mess. Drummond, to desire them to change it. I got at Mr. Drummond's one hundred pounds in small bank notes, and the other hundred pounds in cash; I took it to Mr. Currin, and he gave me five guineas of what he owed me.

Q. The note you changed at Mr. Drummond's was the same you had of Mr. Currin?

Johnson. Yes.

Q. And you paid the prisoner the change you received for the note?

Johnson. Yes, I did.

Q. Could you recollect the note if you saw it?

Johnson. No, Mr. Corfield said he did not know the number of the note, and that if he had seen them all upon the table he should not have known one of the notes.

John Grey . I am a clerk at Mess. Drummonds, bankers, at Charing Cross: this woman (Johnson) came to our shop to change a bank note for two hundred pounds. This is the note that was brought by Mrs. Johnson on the 21st of December; I gave her in change for it four twenty-five pound bank notes, and one hundred pounds in money.

Q. Do you recollect the four twenty-five pound notes, the marks and numbers?

Grey. I have the particulars of all the numbers.

Cross Examination.

Q. What do you recollect the notes by?

Grey. The number, date, and every thing.

Q. What did you do with it afterwards?

Grey. I paid it the next day to Mr. Duphin, Mess. Hoare's clerk.

- Duphin. I am a clerk to Mess. Hoare's, the bankers. On the 22d of December I had a bill accepted by Mess. Drummond, drawn by Lord Polworth for two hundred and fifty pounds; it is supposed I received this two hundred pound bank note as part of the draught.

Q. Should you know the note you received at Mr. Drummond's?

Duphin. We generally take a memorandum of the note, which I neglected to do.

Q. Who entered it in your books?

Duphin. James Lanchberry : he is exceeding ill.

Counsel for the prisoner. Who received the note of Mr. Grey?

Duphin. I did.

Q. Then as this entry was made by another person, you cannot tell whether it is true or false, or whether there is any mistake in it.

Duphin. Mr. Lanchberry received the note out of my hand, and entered it in this book upon that day, in my presence; it is the only two hundred pound bank note that I brought in.

Q. Are you a shop clerk or out doors?

Duphin. Out doors.

Q. Then all you can say is, you brought in no other two hundred pound note, but what was brought in by other clerks you cannot say. I suppose there are vast sums of money brought in that you know nothing at all of?

Duphin. Certainly.

Mr. Larchin. I am a cashier of the Bank: this note is my hand writing.

Q. Is that a Bank note?

Larchin. It is.

Martin Currin . I took the Eight Bells at Christ Church of Mr. Corfield; I paid him a two hundred pound Bank note, a hundred, and a forty pound, and some others.

Q. Should you know that two hundred pound note again?

Currin. No. I received it from Mr. Isaac Warden , a stock broker, for stock he sold for me.

Q. Had you any other two hundred pound Bank note ?

Currin. No.

Q. When was it;

Currin. About five weeks ago; I cannot say exactly.

Isaac Warden . I am a 'Change broker. I sold two hundred pounds stock for the last witness, on the 7th of December; I received of Mr. Jones for the stock, Bank notes and money to the amount of the full sum; I do not know now what the Bank notes were; I looked over them and found them right, and I paid those very Bank notes to Mr. Martin Currin .

Joseph Jones . Mr. Edward Goddard bought some stock in December last; it was transferred by Martin Currin ; I paid for it a two hundred pound Bank note, a fifty pound, and seven pounds five shillings in money.

Q. Did you take any notice of the two hundred pound note?

Jones. No other notice than that it was a two hundred pound. I received it of Mess. Brown and son, bankers, in Lombard-street, for a draught; I paid that note to Mr. Goddard on the 19th of November; he applied to me in December to buy three hundred pound consolidated annuities, and he paid me that two hundred pound note again, and a fifty pound, and the rest in money. (Takes up the note); this note corresponds exactly with the account I had from Mr. Brown on the 19th of November.

Cross Examination.

Q. You cannot say of your own knowledge that that is the note you received there?

Jones. I know it by corresponding with the description I had at Mr. Brown's.

Mr. Edward Goddard . I believe this to be the same note I paid the last witness, but I cannot swear to it; I did not take the number. I received this note of him on the 19th of November, and paid it him again for three hundred pound consolidated on the 7th of December.

John Ward . I am a clerk at Mess. Brown and Collins's. On the 18th of November I made an entry in what we call a Bank book of a two hundred pound Bank note; the person that paid it is one of the people called Quakers.

Q. But you have an entry of that note in your hand writing?

Ward. Yes. (Reads the entry.) H 2 payable to Walpole 28 Sept. 200 l. S. L.

Cross Examination.

Q. The note is made payable to Walpole, Clarke, and Co.

Ward. I never enter their notes otherwise.

Q. How would you enter a note payable to Walpole alone?

Ward. The same.

(The jury inspects the two hundred pound Bank note.)

Q. to Mr. Jones. Where did you receive the two hundred pound note that has been so much spoken of?

Jones. I received it for a draught of Richard Climpton . I have a memorandum I made upon an application that they had lost the note.

Court. That cannot be read.

Mark Beamont . I am a constable: I was employed in securing the prisoner.

Q. Was any thing mentioned to him relative to a Bank note?

Beamont. Yes; I asked him where he got the note that Mrs. Johnson changed for him, and whether he could produce the person he received it from; he said he received it of a soap boiler, at the Two Blue Posts in Duke's-street, St. James's; that he had breakfasted there that morning. There was such a house there two years ago, but it is shut up now. Afterwards, before the magistrate, he said he received it at a soap boiler's at Deptford.

(Upon his cross examination, he said, the prisoner said he received the note of a soap boiler that lived at Deptford.)

- Smith. I live at the Ship the corner of Stones End, Blackman's street. I have known the prisoner about six months; I saw him Friday morning, St. Thomas's day; he came into my house between six and seven in the morning, and said he was cold and wet; he sat down at the fire in my tap room, and went to sleep; he came again on St. Thomas's day, in the afternoon; he went into my middle kitchen; he sat down and called for a pint of beer; then he called for me, and asked me to sit down; he asked me to drink: there was his brother with him; he asked me what he owed me; I said nine shillings and eight pence halfpenny; he bid me-sit down and he would pay me; he took out some silver and paid me. After that he said don't think I want money, Smith; I have got money enough; he pulled out a blue or red and white check handkerchief, with a quantity of guineas in it; I said this is very fine money; he said, aye, it is; by G - d, Smith, said he, I have been three years getting this money, but I insisted upon having it; I went to the gentleman and told him I would so and so if I had not my money, and so I got it now; had I got it in the King's Bench it would have done me some service, but it will do me none now; I said they are pretty things to play with. After that he pulled out a Bank note; I do not know for what sum, I only saw the back of it. He was going to put up the guineas; I said I have got a son-in-law has not seen so many guineas a good while; I called him, and said, did you ever see so pretty a fight before? he said, they are pretty chuckers: Currin said he had three in his pocket he could not make go; I said I would be bound they would go; I said I fancy there are a hundred of them; he said, yes, just.

Q. A hundred what?

Smith. A hundred guineas. Looking on one of the Bank notes, I said, I fancy that is a forty pound; he said it is; he put them up, and I left the room. He staid three hours after, I believe.

Q. Were the guineas new or old?

Smith. New.

Q. from the Court to the prosecutor. You said you don't know the number of the Bank note?

Corfield. I know it by a mark on the back of it.

Q. Did you know to whom it was made payable?

Corfield. No.

Q. Did you recollect that mark upon the back of it?

Corfield. Yes.

Q. Did you always carry in your memory that there was that mark?

Corfield. Yes.

Q. You have omitted that out of your description in your hand bill?

Corfield. Yes.

Q. How came you to omit the only circumstance you knew it by?

Corfield. I did not think that would be of any service in the hand bill.

Q. Should you have recollected that on the back of the note if you had not seen it?

Corfield. Before I saw the note I described the mark to Mr. Hoare.

The note was read, and corresponded exactly as set forth in the indictment at large.

Prisoner's Defence.

Gentlemen of the Jury, I was concerned between four and five months ago for a man who kept a soap manufactory at Deptford. The same defence I make now, is the same I made when taken, and offered before the Justice. Upon the non-payment of duties he went out of the way, and a process, as I have been informed, issued against him for taking him; his goods were sold by the officers of excise. He thought to have the fine mitigated, and employed friends to purchase the goods, because they sold to great disadvantage, to take them off the premises. Several applications were made to withdraw the fine, to no purpose; he proposed then to let this manufactory, and employed me to let it. When I came to treat with people that came to me concerning it, they could not enter the premises if they made the purchase, by reason the entry was made in his name in the Excise Office, and without that entry being withdrawn, could do nothing on the premises, and he not being able to attend personally to do that, an entry was made in another person's name; I made an affidavit before the present mayor at the Mansion-house, and this man went and withdrew it. About the 13th of December last I was recommended to one Robinson; he viewed the premises, and came to an agreement to enter them between that time and last Christmas-day, on the forfeiture of five guineas: the condition money was one hundred and twenty pounds; a bill of sale was prepared, and executed. On Monday the 20th of December, Mr. Robinson called upon me to go to view the premises, and make his entry, the other entry being withdrawn by a letter of attorney; he went down to make an entry in the Excise Office, on the 20th of December last; my client went along with him, as I have been informed, and it will be proved by the excise officer that is here now; accordingly they returned; my clerk told me that Mr. Robinson had made his entry, had come to town, and would wait upon me that evening; that he would pay the money and take up the agreement, then in my hands. Mr. Robinson and Mr. Atkinson came to me between - I will not be positive to the time, pretty nigh to eleven o'clock I reckon; and Mr. Atkinson told me Mr. Robinson called upon him, had made his entries, and was coming to pay him, the money; he tendered me a two hundred pound Bank note, in order for me to take ten pound out of it: I was to have commission because I had a good deal of trouble on the business, as well to endeavour to withdraw the penalty as making this sale. I told him there was no getting cash at that time, it was so late, and advised him to call in the morning. I was very willing to get paid the ten pound because I wanted it. After some hesitation, they said they would call again, and accordingly took up the Bank note and went out, and returned soon again; I do not suppose they went outside the lower door; they came up, and said they were going a-cross the fields, and it would be necessary for me to keep the note for fear of any danger; I said you may use your own pleasure; Atkinson said it is not all mine, one hundred and twenty pounds of it is Mr. Robinson's, I had the note of him; I said I will give you an undertaking for the note; he said there was no necessity; they left the note, and appointed to call in the morning, and they called in the morning before it was time to get a note of that amount broke or changed; I said if you will wait till I have breakfasted, I will go out and endeavour to do it in the neighbourhood; Mr. Robinson said he had his horses coming to town, and desired me to do nothing with the note till he came to town on the morrow; he said he had to meet a friend at the Globe Tavern in the Strand, and would meet me there; he fixed the hour, betwixt four and five in the evening. I owed Mrs. Johnson some money; I was going to the other end of the town, the bank note was easily changed, I called and told her I was going to receive some money and said I would pay her part of what I owed her; she said it would be useful to her; I said I had a Bank note of a client's in my pocket; she said she could get it changed; I took it out at once; she went to her butcher; he went about the market with it, but returned it to her again, because he could not get it done; she went to one Mr. Randley, he could not do it; in the course of this business, she met a gentleman who gave her a card to Mr. Drummond to get this money; she went there, as she has told the story; I received the money, four Bank notes and one hundred pounds in cash; I paid her five guineas, and took her acknowledgement for it; this was on Tuesday; I received it of one Christopher Atkinson , but I believe the property of the note was in Mr. Robinson; Mr. Lucas attended for me at the Justices, and set up that defence at that time; Mr. Currin says I was in the house when the notes were paid; true, I was; but I do not know what the sum was that was paid; I made an assignment of the lease; I was in his business as an attorney, and was present at the execution of this writing; I came home to his appointment on Wednesday evening; I went to the Globe Tavern, there I met Mr. Atkinson and Mr. Robinson; I told them what I had done; they wanted change for twenty five pound; their cook, Mr. Chaffley, keeps a public house, the Black Horse, at Charing-cross; I went there and paid them their money, and took what was due to myself; I did this in a public manner; my clerk is here, he will prove I did take this note of Mr. Atkinson; it would be rather hard for me to ask my client where he got it, that might hurt me; I have set up no other defence at the beginning; there is great danger if a man shall see another receive money for him to be called in question because he was there on such an occasion, if he should miss or lose his money; there has been a great deal in the news-papers, a vast deal, in order to abuse the public; I hope the gentlemen will take no notice of that, but will take the matter as it is given; I rest it with the Gentlemen of the Jury and your Lordship, and we shall call some witnesses.

He called Thomas Currin , his brother, who deposed that he assisted the prisoner in his business, as an attorney; that one Atkinson, a soap boiler, at Deptford, applied to the prisoner, to get him a purchaser for his soap house. That on the 13th of December Atkinson and Robinson entered into an agreement for the soap house; that the witness went with Robinson to the Excise-office on the 20th of December, and made an entry of the soap house; that he parted with Robinson in the evening, and he bid the witness tell the prisoner that he was going to get the purchase money, and desired he would be at home; in consequence of which, Currin did stay at home all that evening; that Atkinson and Robinson came that evening, and he heard Atkinson tell the prisoner that Robinson had paid him a note of two hundred pound, and said if you (Currin) can break it, I will pay you, and delivered the note to the prisoner; that the prisoner gave it him back again; that then Atkinson said we may as well give it to Mr. Currin, and take an acknowledgement for the receipt, as we are going to cross the fields; that then the prisoner took the note and gave an acknowledgement for it, and that then they went away; that they called the next morning, but it was too early to change the note, but as Robinson was going to Barnett, and could not stay, he desired the prisoner and Atkinson to meet him at the Globe, in the Strand, on the next day (Wednesday) between four and five o'clock. On his cross examination he twice repeated that he saw Currin write an acknowledgement for the two hundred pound Bank note, and that he heard him read it and give it to Atkinson, who looked at it, and put it in his pocket.

- Barwise, an officer in the excise, stationed at Deptford, produced an entry made in his book of the 20th of December, signed James Robinson , of Dogkennel-row. Upon his examination he said the entry was made in the evening of the 20th; that the soap house was last in the possession of a Christopher Atkinson , whose entry was withdrawn on the 21st of September, and that all the utensils were sold before that time to satisfy the king; and that he did not know what was become of the said Atkinson.

Christopher Reynolds deposed that he was at the prisoner's house about ten o'clock at night of the 20th of December, where he saw Atkinson, whom he knew when he was in the soap house at Deptford, came in with another gentleman; that Atkinson gave a note to the prisoner, and desired him to give cash for it, but that the prisoner returned the note, and said he could not do it that night; that then Atkinson and the other person went away, but returned immediately, and said as it was dangerous to carry the note over the fields, they would leave it with him (the prisoner) all night, and gave it him. On his cross examination, he said that he did not observe that there was any writing passed between them upon leaving the note.

- Rowe, who said he was clerk to the prisoner the last term, deposed that he called at the prisoner's at ten o'clock on the Monday night, and saw Atkinson and Robinson there, but was not there at the time any thing passed respecting the two hundred pound note, and that Atkinson was gone off on account of some Exchequer writs that were out against him; and said he had made no enquiry after Robinson, but he believed the prisoner's brother did enquire after him.

Thomas Currin was asked if he had made any enquiry after Robinson, which he answered in the negative, but said he had enquired after Atkinson, but without effect; and said that he ( Thomas Currin ) was neither a clerk to, or partner with the prisoner as was suggested.

James Chaffley , who is cook at the Globe tavern in the Strand, and also keeps the Black Horse at Charing-cross, deposed, that the prisoner, with whom he had been acquainted three years, and who he said had done business for him to his satisfaction, came to the Globe, on the 21st of December, with three men and two women, and asked for a bottle of wine; that the prisoner said he wanted cash for a twenty five pound bank note to pay his clients; that the witness said if they would go to his house he would give them change for it; that accordingly they went there, and he changed the note for the prisoner, who was putting money out into parcels, and as he apprehended was making out accounts between himself and his clients, but said he did not see him pay any of it.

John Gruman , a vintner, deposed, that he saw the prisoner at the Black Horse on the 22d of December; that he saw Chaffley give Currin change for a bank note, and that he heard the people that were with Currin say that there were two twenty-five pound notes to be settled besides the cash; that they were to have two hundred pound all but ten; that he did not see any thing further pass because he was going home to supper, and that he went away about six o'clock.

Q. from the prisoner's counsel to Gray. Is Mr. Holford a banker?

Gray. Yes.

Q. Then I suppose notes may have been received at Mr. Holford's, by bankers clerks, who have wrote that name upon them?

Gray. Yes.

Guilty . Death .

*** He was tried at the last Lent assize at Rochester, for robbing one of his clients on the highway, near Canterbury, of upwards of eight guineas, and was acquitted. See the trial No. 1, in the sessions paper for the county of Kent, taken in short hand by J. Gurney.

121. (L.) ALICE WALKER was indicted for being found at large in the City of London, before the expiration of the time, for which she had received sentence to be transported .

The record of the conviction of Alice Walker was read, by which it appeared she was tried in the Mayoralty of Mr. Alderman Nash, for stealing upwards of 12 l. in money, the property of Thomas Atkins , of which she was convicted, and received sentence of transportation for seven years, see No. 657 in Mr. Nash's mayoralty.

William Randall . I know the prisoner: I never saw her before the 28th December; I am head-borough; a young man charged me with her in Wellclose-square parish, St. John's Wapping; he charged her with returning from transportation; she confessed it.

William Howard . I was servant to Mr. Akerman: the prisoner was tried in September sessions, 1772; she was convicted to be transported for seven years; I was in court when the Jury brought in their verdict, and am certain to her person; I was sent for when she was before the Justice; she called me by my name immediately.

Q. How long was she in Newgate before she took her trial?

Howard. I cannot be positive.

Q. How long was she before the transports went away?

Howard. When I was with Mr. Akerman I used to have a list of the transports; but I have mislaid my papers since I left him; she called me by name as I said before at the Justice's, and desired I would not be too positive.

Prisoner. I did not call him by his name; he bid me pull off my bonnet that he might see my face; I took my bonnet off, and then he said he believed he knew something of me; I never called him by his name; a man in the prison told me Howard would make it up, if I would advance some money.

- Lee. I went down to lock the women's side; she said Mr. Lee, what do you think will become of me? I said I do not know; she said she had a friend that would give ten guineas to Howard not to appear; I told her I knew nothing of it, she must apply to him; that was all that passed; I was not bound over.

Prisoner's Defence.

I am not the person; I leave myself to the mercy of the court and the Jury.

For the Prisoner.

John Procter . I took a woman up for a felony last August but one; this they say is that woman; she was like her but not half so big nor half so lusty as this woman; the keeper came to me to look at this woman; I saw her; there is some likeness; but if it is her she has got remarkably fat since; I cannot swear to her.

Q. Was you called upon to give your evidence when she was cast?

Procter. I was here but was not wanted.

Guilty Death . Recommended to mercy by the Jury.

122. (2d. M.) JAMES BANNING was indicted for stealing a watch with a silver case, value 40 s. a brass watch key; value 1 d. and nine guineas and 8 s. in money numbered, the property of William Foster , in the dwelling house of John Binns , Dec, 6th . *

William Foster . I lodged at Mr. Binns at Fulham ; on Sunday the 5th of December, when I went to bed, I took notice that in my left hand pocket I had nine guineas, and in my right hand pocket I had 8 s. in silver and some half-pence; I carefully put my breeches under my pillow, and hung my watch upon a nail near the bed post; I found my breeches in the morning lying near the bed post; I took them up and discovered every thing was gone. I dressed myself, and as Mr. Meredith lives within a few doors, I went to him and told him of the affair; he advised me to go to Justice Miller at Hammersmith; I went there, and got a search warrant, and every body in Mr. Binns's house were examined; the prisoner who lodged in the house was the only person that was absent; I found he had left word in the morning that he was gone to North End; he did not return the next day; a young man and I went in search of him; the prisoner was a wayfaring lad; he never let any body know his name or place of abode; he said he had a brother at Staines, a farmer's servant, who had some money of his; Mr. Croft came to inform us that James Banning was stopped for robbing his last master and his fellow servant; that upon searching him they found eight guineas, and silver to the amount of eight and sixpence, and a watch; as we were coming up in the coach, I asked him whether he found the breeches by the bedside, or under the bed's head; he said I had put them under the bed's head. I asked him if he did not expect that I should have broke his bones or thrown him out of window if I had awaked; he said no, I was asleep fast enough; he said he made away for the north road immediately; the watch was delivered to me by a man at Maidenhead.

John Meredith . I keep a public house at Hammersmith; on Monday morning the 6th of December the prosecutor came to me and told me he had been robbed; I advised him to keep it close till Mr. Miller got up, and then get a warrant; he did, and I searched all the lodgers in the house, but found nothing; the prisoner was absent, therefore the suspicion naturally fell upon him; I went to Maidenhead, there I saw him; I asked him if he knew Foster, he said yes, but he did not want to see him; I heard him mention the manner in which he took the watch and money out of Foster's breeches, as Foster has just mentioned; he said he had changed only one guinea of the money.

William Croft . I am a shoe-maker; I lay in the same-bed with the prisoner; I missed him three times out of bed that night; I heard him say the day before that he had no money at all; Foster told him we had been after him to Staines, the prisoner said, you do not imagine I should have been so great a feel as to go there though I have a brother there; I took the great north road. The prisoner said nothing in his defence.

Guilty . Death .

123. (2d M.) JOHN HURCAN , otherwise HURKHAM , was indicted for stealing a wether sheep, value 30 s. the property of John Treasurer , Dec. 29 . ||

Samuel Pendred . I am a drover to John Treasurer , who is a butcher , and lives in Clare-market. We lost a sheep over night about a fortnight ago, from out of a field the back side of Wood's Close, Clerkenwell ; it >was marked with the grazier's mark, two strokes over the middle and back, and marked down the head with red strokes; but the mark that I made was two strokes down the choak; that was also with red oker. I saw them between four and five in the afternoon; there were fifty in the field; the next morning I found but forty-nine, and the pales were broke, and there was wool on each side of the pales, and the track of the sheeps feet. Here is the skin and the head (producing them); here is my mark upon the head.

Prisoner. Before, you could not swear to it further than the best of your knowledge.

Pendred. I did swear to the best of my knowledge; I can swear to my mark.

James Crouch . I am a carman: I was coming from Battle-bridge, last night was fortnight I believe; it was the 29th of December, at just upon the stroke of seven in the evening; there was Mr. Wood and another friend with me; as we were coming along the road we saw the prisoner in the Spaw-fields, just by the road side.

Q. Was it moon light?

Crouch. The moon was not up; he stood up sometimes, and sometimes stooped.

Q. Was it light?

Crouch. No. I was at the distance of twenty yards from him; it was light enough to discern him very well; we stood to see what he was doing; I said I supposed he was easing nature; Mr. Boyd said no, he believed he was after something else; I said we will step over the nails and see what he is about; we went over the rails; he ran off immediately; we pursued him; we caught him I believe in about a dozen yards from where we first saw him; then we went to see what he was about, and we saw a bag lying with a sheep in it, and the head lying by, and he had a knife in his hand all bloody, which he dropt down by our feet; we found the sheath of that knife in his pocket; we secured him and took him to Bridewell. Then we went up to Islington among the drovers, to enquire who had lost any sheep; I described the mark; two or three of them directly said it is Mr. Treasurer's, at Clare-market: it was a wether sheep.

Michael Wood . I am a small worker in gold and silver. I was with Mr. Crouch about seven in the evening; we saw a man about thirty yards from us in the field; sometimes he stooped down, then he rose up and looked round him; we stood about ten minutes watching him; then we got over the pales; upon which he run; we overtook him and secured him; then we went to the place we saw him standing at, where we found a sheep tied up in a bag, and the head close by it. When I ran up to him he dropt this knife (producing it); it was all over bloody.

Q. Is it fit to kill a sheep with?

Wood. Yes; we searched him and found the sheath in his pocket. The two shoulders were c ut off skin and all.

Q. to Crouch. Is that the same skin?

Crouch. Yes; it was quite hot when we took him.

Wood. It was bleeding. We took him to New Prison. Upon enquiry we were told it was Mr. Treasurer's mark; when we shewed them the skin, they said it was his sheep.

Prisoner's Defence.

There are two women live in the same house that I do, who saw me go out from home but a quarter before seven, and I was in New Prison before seven; I could not therefore have time to have killed this sheep and cut some of it up. I was going to the Bull in the Pound for a pint of beer; I saw this lying in the road; I stooped down and untied it; I saw it was cut and mangled about; I did not meddle with it. When I had got about twenty yards from the place, one of these men laid hold of me, and they hand cuffed me. Some of the sheep was carried away; I know nothing about the knife; I did not run. My witnesses are not here.

Q. to Wood. Did you find the shoulder any where?

Wood. No; the keeper of New Prison went and searched round the field but could not find it.

Crouch. There was wool upon the prisoner's shoulders.

Q. from the Jury to Wood. Did you see the prisoner drop that knife?

Wood. I did.

Prisoner. They found the sheath in my pocket, and then they searched after the knife; here is the young man that took me; he will prove they were thirty yards from me.

Court. Do you chuse to call that young man?

Prisoner. I have no objection to that, though he is one of their own party.

John Boyd . I am a rope-maker. Mr. Crouch, Mr. Wood, and I were coming from Battle-bridge; we saw a man at work in the fields; Crouch went round, and Wood followed him; then the prisoner made off; he came running up towards me; I caught his coat, and said where are you going? Wood came up directly and hand-cuffed him; he dropt the knife down by Mr. Wood's and my feet; we found the sheath of the knife in his pocket; I had hold of his coat at the time he took it out of his pocket; I suppose intending to take sheath and all.

To his character.

George Brown . I have known him between three and four years; I never heard any thing dishonest of him: he has a large family.

Guilty . Death .

124. (2d M.) ANN BENNETT was indicted for stealing a silk handkerchief, value 3 s. a linen towel, value 6 d. two diaper clouts, value 1 s. twenty rows of mother o'pearl beads, value 2 s. a linen cap, value 6 d. a silver thimble, value 6 d. one muslin handkerchief, value 5 s. and two dollars, value 9 s. the property of John Williamson , Dec. 9th . ++

John Williamson . I am a hatter and hosier , and have a first floor in Southampton Buildings, Holborn . I lost the things mentioned in the indictment out of our apartment: the prisoner lived with me as a servant ; I did not suspect her till after she left my service. Last week Mr. Krick, of Castle-yard, called on me, and told me that Mrs. Phillis, where she went to live, suspected she had some things in her box that did not belong to her, and advised me to go to Sir John Fielding 's to get a warrant to search her box; I did, and searching her box I found the rows of mother o'pearl beads, and a linen handkerchief. I had in all one hundred rows, out of which twenty were missing; I compared them, and can swear they are mine. The constable found a towel on the prisoner. (The towel produced and deposed to by the prosecutor.)

Thomas Vaughton . I searched the prisoner's box, and found the beads in the box, and a towel marked W. No. 12, in a handkerchief on the floor, in the apartment of Mrs. Jackson, the prisoner was in the room.

Mrs Jackson. The prisoner brought a box to my room and set it down; it was corded, but there was neither lock nor key upon it; she opened it, and took the towel out and laid it on the ground. The box was open when the gentlemen came in.

Prisoner's Defence.

I did not take them.

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

125. (2d M.) HENRY SMITH was indicted for stealing 30 lb. of soap , the property of George Russel and Jesse Russel , Nov. 1 . *

George Russel . I live in Goodman's yard in the Minories: I am in partnership with Mr. Jesse Russel, my brother; the prisoner was my carman ; when he has delivered out soap , he has delivered the quantities short to several people as I have been informed.

John Smith . I went with the prisoner to deliver a tun of soap to one Mr. Williams; as we were coming back he asked me if I knew of any washer-woman; I asked why; because said he here is a couple of cakes of soap I have to dispose of; I said I knew of no washer-woman; he upon that hid the soap in a dunghill.

- Larkin. I am clerk to Mr. Russel; the reason of the detection was, he had sold some to one Mary Jones ; the excise officers had an intimation of it; they went and took it; I went along with them; he confessed he took a quantity of soap out of different parcels; I found eleven pound in the possession of Mary Jones .

Mary Jones deposed she bought them of the prisoner.

William Down . On the 8th of November the prisoner came and offered to sell me some hard soap.

The prisoner, in his defence, said he found it.

Guilty . T .

126. (2d M.) THOMAS BRIGHT was indicted for stealing a wooden cask, value 1 s. 6 d. and five gallons of British geneva, value 30 s. the property of Jenkin Jones , Jan. 11 . ||

Robert Jones . I am servant to Mr. Jenkin Jones; he is a distiller in Old-street; I drive the cart in general; I had a man with me to take care of the cart while I delivered the liquor; I let down a thirty gallon cask into Mrs. Johnson's cellar in Petticoat-lane ; the former goods we lost were upon that spot of ground, and I left this man to watch till I came up; he called me to assist him; I left two casks, a two gallon, and a five gallon one upon the cart when I went in; the two gallon cask was gone; the prisoner was caught with the five gallon.

Q. Had he the five gallon cask with him when you came out?

Jones. No. He called me to assist him; I took the prisoner in doors while he took the cask out of the kennel.

Richard Dance . I went with Mr. Jones's cart: when Robert Jones went into Mrs. Johnson's, I was standing at the horses head; there were three or four people about the cart; it was about eight o'clock in the evening; I went to the tail of the cart and missed the two gallon cask; I came back, and in about five minutes time, as I was standing at the cart wheel, I saw the prisoner take the five gallon cask out of the cart, and give it to another man; I laid hold of the prisoner, and cried, stop thief! and the other dropped the cask and run away; I alarmed the house; Robert Jones came out and took him; I minded the cart while he got an officer; I took the cask out of the kennel; I was almost close to him when they dropped it. (The cask produced and deposed to.)

Prisoner's Defence.

When the officer came, Dance said he could not swear I was the person that took the cask, and the officer went away; he kept me an hour and then sent for the officer again, and said he could swear I was the man that took it.

Q. to Dance. Did you ever deny that you knew he was the person that took the cask?

Dance. No; nor the constable was never out of the house.

For the prisoner.

Elizabeth Little . One of the men was calling out stop thief; I came out, and this man was coming by with some sprats in his apron, holding it up with both his hands; the man that cried stop thief went by him, and the other man dropped the cask. I know nothing of his character.

Q. How came you to come out?

Little. I heard them cry out stop thief; they were coming by the door.

Q. to Dance. Did you cry stop thief before or after you laid hold of the prisoner?

Dance. At the same instant.

Q. Was any thing in his apron?

Dance. He had a little leather apron on, tucked up, with some sprats in it; when I laid hold of him he pulled it down, and said he had been buying a halfpenny worth of sprats for his supper.

John Hicks . I have known the prisoner ten or eleven years: he lived in the neighbourhood twenty-five years: he warms horns ; he is in the horn business, or any employment that people will give him. I never heard any thing against his character.

Guilty . T .

127, 128. (2d M.) WILLIAM DALE and SAMUEL BODDIN were indicted for breaking and entering the dwelling house of Christopher Bartholomew , on the 16th of December , about the hour of three in the night, and stealing a woolen coat, value 5 s. a serge waistcoat, value 1 s. a silk handkerchief, value 2 s. a six and nine-penny piece, two counterfeit shillings, one hundred and ten halfpence, and twenty farthings, the property of Richard Hart , in the dwelling house of the said Christopher Bartholomew . *

Richard Hart . I am a servant at the Angel inn at Islington , which is kept by Christopher Bartholomew ; the things mentioned in the indictment were in a closet in the dining room. On the 16th of December, in the morning about nine o'clock, I went into the dining room and missed them. The glass of the window was broke.

Q. Which part of the house was that in?

Hart. This little window was upon the stair case; the glass was almost broke out; it is but a very little frame.

Q. Had they opened the casement?

Hart. There was no casement; it was fixed in; the window was broke, but I do not think there was room enough for any body to get in; it was a sash window with four panes; there was a screen within side stood against the window; that was thrown down. The prisoners were taken up the same day; I found upon Dale the waistcoat; the coat was upon Boddin; I found the handkerchief, and some halfpence tied up in a handkerchief; Flanagan took them from Boddin; the coat was pawned at one Mr. Jones's. I saw the handkerchief and halfpence taken from Boddin; they both had lived in our family as boot catchers.

Q. Did they lie in the house?

Hart. Not at that time.

Charles Flanagan was called, but not appearing, the Court ordered his recognizance to be estreated.

William Jones . I live upon Saffron-hill; I am a pawnbroker; I took this coat in pawn from one Elizabeth Dennis .

Q. Were either of the prisoners present?

Jones. No.

Q. Did you ever hear them say any thing about it?

Jones. No; she said it was pawned for one Boddin; she was bound over to appear but I believe she had made her escape.

Elizabeth Dennis was called upon her recognizance, but she not appearing, her recognizance was ordered to be estreated.

Dale's Defence.

We found these things going down to Smithfield. We went to the Tower to get employ.

Both not guilty of breaking and entering the dwelling house, but guilty of stealing the goods . T .

129. (M.) WILLIAM FRANKLAND was indicted for unlawfully, wilfully, maliciously, and feloniously shooting at Thomas Miller , Esq; in the dwelling house of John Wilson , on the 27th of November , against the statute, &c.

Mr. Miller. An officer, whose name is King, came to me on the 27th of November last, and told me he had been beat by a man and maid servant, and forcibly turned out of the possession of the house of one Frankland; I granted a warrant against both the man and maid, and at about five o'clock in the afternoon the maid was taken up, and brought to the house where we were: there were a great number of gentlemen there, as there was to be a petty sessions held at the house (the Bell and Anchor , kept by John Wilson ). I recommended it to her to settle the affair amicably with the officer; she had at last two hours allowed her for that purpose. The prisoner, I presume, had heard of his maid being taken up, and, as my servant will inform you, he had been at my house to enquire for me, and she had informed him where I was - I was at the upper end of the dining room, and several gentlemen with me, when the prisoner came into the room; as soon as he came into the room I saw this pistol in his hand (producing a horse pistol); he looked on each side on the company, and said where is the justice that dare presume to commit my servant? or words to that effect, and he waved the pistol in his hand; then he came to the table where I was; he came up towards me, within two yards and a half of where I was; I heard the lock click as he came up; I threw myself on one side, and both the bullets went through my coat.

Q. Did he seem to direct the pistol at you?

Miller. Yes; and with an oath said, there you are. The bullets fell down behind, for there was not a sufficient quantity of powder to throw out the weight of metal; they went through my coat and dented the wainscot. Upon shaking the powder out of another pistol he had got, it appeared to me that there was not a sufficient quantity, though it was the best battle powder. He said immediately after he had fired, he was very sorry the pistol had not done its execution. He wanted to get his other pistol, after he had fired, to fire at me again, but the people there surrounded him, and got him on the ground, and then he wanted to get up to draw his cutlass. That other pistol that was found upon him, was loaded with two of the same balls; he had a flask of powder about him, and a fresh flint; he came towards me after he had fired the first pistol, as I imagine to shoot me with the other.

Cross Examination.

Q. Are there any dents upon the balls?

Miller. Not that I know of.

Counsel. You have given your evidence very fairly and humanely respecting the prisoner in two or three instances. - You, examined the powder of the other pistol, did you observe it so as to form any judgement of it?

Miller. It appeared to me that there was not a quantity of powder to convey the balls with that velocity as if there was more.

Q. Was there any experiment tried with the quantity of powder with the other halls ?

Miller. Not that I know of.

Q. When you first saw him you observed the pistol in his hand?

Miller. When he entered the room, and began to express himself in that manner, I saw the pistol in his hand.

Q. Do you mean to say he had the pistol in his hand when he entered the room?

Miller. I saw it soon after.

Q. When he asked that improper question, where is the magistrate, was there any thing said by you in return?

Miller. I believe I said I am the party.

Q. Do you recollect how many persons were in the room at this time?

Miller. I dare say ten or a dozen.

Q. How long might he be in the room before you saw the pistol? did you see him at all before you saw the pistol?

Miller. Just as he came in at the door I saw the pistol up.

Q. Was nobody kind enough to you to attempt to take the pistol from him?

Miller. Every body was confused; I said I wonder you do not close in upon such a fellow as that; then they closed in upon him.

Q. You mentioned something about a public business, you was not then sitting on public business I believe?

Miller. There was not then a bench: we had done business with some overseers and surveyors.

Q. You was not then sitting in a court at the time?

Miller. No.

Q. Have you any reason to believe that this gentleman had any malice against you so as to attempt a thing of this sort?

Miller. I should think he had.

Q. But prior to this?

Miller. I had seen him twice before. His servant maid had been treated ill by somebody coming from Knightsbridge; I granted a warrant, and the party was brought before me, and then the prisoner appeared; he seemed very rigid against the man; I said I believed he was a poor fellow, and he had mistook his mark, not knowing who she was; with much a-do he discharged the man. About a month after the prisoner was brought before me, by a man that lived at Kingsland; he had shoved a stick against the man's side, and he thought one of his ribs was broke; I recommended him to accommodate that matter; he was obstinate and would not, and I took his own recognizance.

Q. I believe upon one of these occasions he returned you thanks for your polite behaviour to him?

Miller. I believe he might. He came to me the next morning, went down on his knees, and asked my pardon.

Q. Had the ball any effect upon your body?

Miller. My flesh was black for a week afterwards.

John Scott , Esq. I was on the 27th of November last at the house of Mr. Wilson, the Bell and Anchor, at Hammersmith; there was Mr. Miller, and I believe ten or a dozen more gentlemen; the prisoner came into the room in the evening, where we were altogether; he looked round, and said, Pray where is the Justice that dare commit my maid? or words to that effect, and takes out a pistol that he had concealed under his coat, came up to the head of the table, cocked it, and fired at Mr. Miller; he was within two or three yards, and I was within a foot of Mr. Miller; after that the people at the lower end of the table seized him, and got him on the floor. Upon searching him, they found another pistol loaded with a brace of balls, a horn half full of powder, a flint and a hanger.

Q. His hanger was at his side I suppose?

Scott. I am not sure of that; we were all frightened; I took a jump over four or five of them. What frightened us more than all was, the people below stairs cried out that the house was beset by more of them; we bolted the door, and some got pokers, and others sticks, to make the best defence we could.

Q. At the time that he directed his pistol towards Mr. Miller, did you hear him say any thing?

Scott. Not at that instant.

Q. Did he appear to you to direct the pistol at Mr. Miller?

Scott. Yes.

Q. Did you hear him say any thing after he had fired the first pistol?

Scott. No.

Q. to Mr. Miller. At what time was it he said,

"he was very sorry the pistol had not done its execution"; was that before he was seized, or afterwards?

Miller. It must be afterwards; at the time he directed his pistol at me, he said,

"you are the man"; I think it was something like that.

Q. to Mr. Scott. Did you see him make any attempt to take out the second pistol?

Scott. I cannot say.

Cross Examination.

Q. At what part of the room was Mr. Miller and you standing?

Scott. At the top of the room; the door the prisoner entered at was at the bottom.

Q. Had the prisoner a pistol in his hand at the time he entered the room?

Scott. I did not see him in the room till he looked round; I saw the pistol in his hand before he fired it.

Q. In what manner did he look round, stendily or wildly?

Scott. As I look round now (steadily).

Q. No agitation in his countenance?

Scott. I perceived none at all.

Q. You did not hear any words that he said immediately after he had fired the pistol?

Scott. No.

Q. How many people might be between the door he entered at and Mr. Miller?

Scott. I cannot say that; there were about ten or twelve in the room.

Scott. Do you think if he had had a pistol in his hand, and any of these men had seen him, they might not have prevented his firing?

Scott. I should think they might.

Q. from the prisoner. You say I looked round for the Justice, how do you know that?

Scott. You are the best judge of that, you asked for him.

Mr. Grey. I was in the room when the prisoner came in, about eight at night; whether he had the pistol in his hand then, or put his hand in his bosom to pull it out, I cannot tell; he held up the pistol, looked about, and said,

"where is the Justice that dared to commit my maid?" he came up to the end of the table, and said

"there you are," or something like that, and shot at him. The pistol was to be sure within seven or eight feet of Mr. Miller's body.

Q. Was it pointed at him?

Grey. Yes; the company were sitting down; I ran to the fire-place, and took up a poker, and we secured him.

Elizabeth Bryant . I am servant to Mr. Miller.

Q. Do you live at his house at Hammersmith ?

Bryant. Yes. Between seven and eight in the evening, of the 27th of November, the prisoner came to our house, and asked if Mr. Miller was at home; I told him, no, he was at the Crown and Anchor with some gentlemen; I observed he had his right hand under his coat; I did not perceive any thing in it; he asked me if a young woman had been there with a constable; I told him no; he asked me again if Mr. Miller was at home; I told him he was not; he staid about ten minutes, and then went away towards the Bell and Anchor, which is but a very little way from Mr. Miller's house.

Q. Do you know where the prisoner's house is?

Bryant. At Kensington.

Q. How far is that from Mr. Miller's house?

Bryant. I cannot say; Mr. Miller's house is near Hammersmith turnpike.

Q. Can you be certain to the person of the prisoner?

Bryant. Yes; I had seen him twice before; I am sure that is the man.

John Wilson . I keep the Bell and Anchor; I saw the prisoner come into the house; he looked into the parlour and tap room; he said he begged pardon, and believed he was wrong; then he came into the bar room where I was; Mr. Penny, a cheesemonger, who was there, knew him; he asked him to walk in; the prisoner turned the curtain on one side, and said, are you friends here? he turned round, and ran up stairs; I ran after him, and saw him rush in at the door of the room Mr. Miller was in, and take a pistol out, and as I was going to tell Mr. Miller he wanted to speak with him, the pistol went off.

Q. Why did you run up stairs after him?

Wilson. I generally do when people want the Justice.

Q. You did not apprehend he was going to do any mischief?

Wilson. He held his hand outside his coat, against his breast; his hanger hung by his side.

Prisoner's Defence.

I leave my defence to my counsel.

Counsel for the prisoner. My lord, I attend in order to prove the state of his mind for a great number of years last past, and have a great many witnesses for that purpose.

For the prisoner.

Robert Faulkner . I live in Salisbury-court, Fleet-street: I am a harpsichord maker and musick printer: I have known Mr. Frankland about seven months; I have been often in his company.

Q. What observations did you make of his behaviour?

Faulkner. I believe him to be an insane man, for he never went through any discourse regularly; he would behave very well for a minute or two, then he would vary to something else diametrically opposite to what he had been talking of.

Q. Did you observe this once or often?

Faulkner. Several times.

Q. Was you in company with him any time immediately before this accident happened?

Faulkner. Less than a week before.

Q. How did you find him then?

Faulkner. As I have said now; if we entered into any discourse he generally went off, and went into something else: I judged him to be an insane man.

Q. Was you in company with other people at the same time?

Faulkner. Yes; one of them made the same remark as I did.

Q. Did they make a remark before this accident happened?

Faulkner. No.

Q. What way did you keep company, did you drink wine together?

Faulkner. Sometimes we drank porter, some times rum and water.

Q. You do not mean he drank to any degree of excess do you?

Faulkner. No.

Q. I believe you saw him since his confinement?

Faulkner. Yes.

Q. In what condition was he then?

Faulkner. Very bad: I saw him in the Bail Dock.

Q. Did you see him in Court last sessions?

Faulkner. Yes.

Q. Was his behaviour in Newgate like what you saw in Court?

Faulkner. Yes. I printed some musick for him; he sent the manuscript so bad, I could not go on with the work; sometimes he would give me a fair copy, then contradict it and make it quite nonsense.

Cross Examination.

Q. Did you know him at his house at Kensington?

Faulkner. Yes.

Q. He had a house and servants, and lived very regularly there?

Faulkner. Yes.

Q. But some of his musick was very incorrect that he sent for printing?

Faulkner. Yes; some correct, some incorrect.

Q. If you looked upon him in the light of a man not in his senses, how came you to keep him company so often?

Faulkner. I have done seventy pounds worth of business for him; I could not run away from him.

Q. He paid you, and transacted all the business properly?

Faulkner. Yes, till lately; at first he went on regularly.

Q. What alteration did you observe in him before this happened, what he said or did?

Faulkner. Only in his words.

Q. You say his conversation was wild and incoherent, quite sensible I suppose?

Faulkner. Sometimes.

Q. Do you recollect any particular expressions, you rather seem to mean that his conversation was incoherent, wild and foolish?

Faulkner. Our conversation was mostly respecting musick.

Q. And his conversation was sometimes unconnected and incoherent, was that the only instance you know of his insanity?

Faulkner. These are the only instances I know. I was forced to leave off the work.

Q. In the month of November was he less capable of explaining himself than before?

Faulkner. A great deal.

William Fell . I am a taylor in St. Martin's lane; I have known Mr. Frankland about four or five years.

Q. What is the prisoner?

Fell. I knew him as a wine-merchant; he was a customer of mine, whom I made clothes for. I have not in the course of my business seen Mr. Frankland very much; having more business than I can do myself, it comes sometimes with my servants. I wrote Mr. Frankland a letter, and desired to see him; he came to me: our discourse ran upon trade and getting money; he said as to my part, I have been choused out of my fortune by a parcel of rascals, and he said as to going to any body to ask for my fortune, if a man owes me money, I would go to him, and challenge him to fight me; I do not know any other way of getting it; rather than fight me, he will pay me. My clerk was by, and made some little observations upon his behaviour; after he was gone, I said, Will, don't you think that man is mad? he certainly must be mad, says he.

Q. Is that man here?

Fell. No, he is not.

Court. You must not mention what he said then.

Fell. Said I, he appears to me to be so mad that if he orders any more clothes I will not make them.

Q. What was your reason for that?

Fell. I thought him not capable of taking care of his own affairs, and consequently that he would not pay me.

Q. Did you think he would not be liable to pay you?

Fell. I thought he was not in a way fit to govern his affairs; I thought he would be ruined and I should not get my money.

Anthony Whitewood . I lived with Mr. Frankland: I was his servant.

Court. Is this the servant against whom the warrant was granted?

Whitewood. Yes.

Q. Did you make any observation upon his behaviour at any time before this month of November?

Whitewood. I did a great deal: he used to walk out into the fields; I got the dinner, set it on the table, and used to go after him; he would be talking to himself when I came to him; I would hold up my hand; he would look at me, and turn to go away; he would turn round, and say go home, and I will follow you. In the morning when I cleaned his shoes and buckles, and put them by him, he would ask for them, and fly into passions; I said there they are; he would look up, and say, O well, and would talk to himself a great while.

Q. That talking to himself did that happen once, or twice, or often?

Whitewood. Very often.

Q. What did he do with regard to his dinner, did he come home?

Whitewood. Yes, he came home.

Q. This was the month of July, down to what time was it?

Whitewood. November; he was so in general.

Q. Was his finding fault with you only in one instance?

Whitewood. No, continually; I never saw a man in such passions that was in his senses.

Q. What put him into such passions, was there any cause?

Whitewood. No; I have left the room often-times upon such occasions.

Q. Was you before the magistrate?

Whitewood. Not till I was taken there; I saw that he was much the same I saw him before, not a man in his right senses, and was very ill used by the people at the house after he was in custody.

Q. Do you or not believe him to be a man in his senses?

Whitewood. He is not a man in his right senses, I am certain.

Q. You may be asked perhaps by and by, how came you to continue with him if he was not a man in his senses?

Whitewood. I was a hired servant, at so much a year.

Q. What does the family consist of?

Whitewood. Only two; me and the housekeeper.

Q. Who ordered the dinner?

Whitewood. The housekeeper.

Q. Who paid the bills?

Whitewood. I did.

Q. Who had you the money from?

Whitewood. My master.

Q. Did he ever strike you when he was in these passions?

Whitewood. No, but he did the housekeeper.

Q. Did he ever draw a pistol or his hanger to you?

Whitewood. No; I always left the room when he flew into such passions; when I came into the room again afterwards, he was talking to himself.

Q. You said he was used ill, what was done to him? do you know these pistols?

Whitewood. Yes; they were my master's own pistols.

Q. How long had he them?

Whitewood. Ever since as with him.

Q. Did he keep them charged?

Whitewood. Yes, always, to defend the house.

Q. You never saw him strike the housekeeper?

Whitewood. No; I have heard her say so: she is very ill upon this account. She lives in Swallow-street.

Cross Examination.

Q. She is your sister?

Whitewood. Yes.

Q. Why upon this account that makes her ill?

Whitewood. Her being ill used and committed to prison; she got cold and ill used upon the account.

Thomas Walter . The prisoner rented that house he lived in at Kensington of me, Midsummer last; I did not much approve of him when he came, to take the house, he seemed in such a strange sort of a manner; he said if I doubted the rent he would pay the year's rent before hand; he seemed so odd in his -

Q. What do you mean by that?

Walter. He seemed out of his mind I thought, or he might be in liquor, I did not know; he would give me a crown earnest; he gave me a crown piece. I was in company with him at his house; I never had much to do with him; for when I was at his house he did not speak right. He would walk up in my parlour, look up against the wall, and talk to himself. I looked upon him as a man insane; I never looked upon him as any thing else.

Q. When did you last make this observation?

Walter. The very night this affair happened, the 27th of November. The constable, his opposite neighbour, came to me, and told me some officers wanted to take possession of his house; some distress, or something they were to make; he said I had better go down; I went with the constable and saw Mr. Frankland.

Q. What was your observation upon him then?

Walter. I looked upon him as a distracted man then.

Q. Why what did he say?

Walter. It was about the servants being taken before the Justice.

Q. What time might this be?

Walter. About four o'clock.

Q. What did he say to you?

Walter. I asked him if I should seize; he said he did not owe me any rent; he said if you will depart for an hour or so, I will tell you what I am to do.

Q. Was your rent to be paid half yearly or quarterly?

Walter. Quarterly.

Cross Examination.

Q. Then you thought it a matter of greater consequence than forty shillings, and asked if you should seize?

Walter. Yes; when I went away he sent to let me know I had no occasion to stay.

Q. Did he appear to be in a violent passion at that time?

Walter. No, but looked very wild.

Court. Have you any physical people that ever attended this gentleman?

Counsel. I do not know that there is.

Mr. Greer. I live at Kensington: I am an attorney. I have been there almost fifty years.

Q. Did you know Mr. Frankland prior to his living in the neighbourhood?

Greer. No. I have seen him frequently since; from the time I first saw him I perceived in my own opinion great signs of insanity. I saw him frequently. My wife keeps the Kensington coffee house; he used my house; I have seen him there frequently, and talked with, and always thought him disordered in his mind, from his odd expressions; sometimes he would start up in a surprising manner, run to the other end of the room, look out of the window for some time, and then turn back again. I have often seen him talk to himself; he would turn and look to the glass sometimes; his conversation was very incoherent.

Q. Had you any opportunity of observing whether he grew better or worse?

Greer. I went to see him in Newgate; he behaved so that he terrified me so that I durst not go again: I saw him in Newgate take a leap with his setters on very near the length of that table. He did not seem to know me.

Court. You made an affidavit at the last sessions, was this before or after that?

Greer. It was before; I saw him in the Bail Dock that morning.

Q. How long has he left off the business of a wine merchant?

Greer. I never knew that he was in the wine business.

Court. Have you any body to give an account of him in his former part of life?

Counsel. We have some a-coming.

Greer. There was one Mr. Johnson then in the same room, that is since convicted for forgery; one of the attendants went up with a candle; when I came, he asked me if I had brought the justice of peace to bail him; I said I came as his friend, and should be glad to see him in a better way; then he took a leap almost the length of the room, and then jumped down the well of the stair case seven or eight steps with his setters on.

Court. Direction was given to prove the state of mind he was in at the time the attempt was made upon Mr. Miller.

Q. to Mr. Walter. Did you see this gentleman after he was committed to Newgate or the Bail Dock ?

Walter. I went to him three times in Newgate, and I do not believe he knew me the two last times, or he would not, or something; but he said, are you come to bail me; I said, no.

Q. Was he then or not in his senses?

Walter. No. He went up to the wall and talked about bailiffs, and bailiffs followers; he said he had read Coke, and he had read Lyttleton, and all of them, and he ran down stairs with his fetters on.

Mary Glascow . I knew Mr. Frankland about a month or six weeks before this happened; I was there of the Wednesday; this affair happened on Saturday; I staid there till Saturday; I made many observations about his behaviour and talking to himself; I said to the man on Wednesday that I did not think he was in his mind, and on Friday likewise.

Q. You judged from his appearance and behaviour?

Glascow. Yes, walking about talking to himself, and going up and down stairs.

Mr. Thomas Sefton . I have a company in General Draper's regiment. I lived in the same house with Mr. Frankland a year and a half or near upon it; this is above a twelve-month ago.

Q. When did you live in the house first with him?

Sefton. About a year and a half ago. I will tell you what excited my attention, it was fear of fire; for when he came looking with that distorted wild countenance he made me afraid of my valuable effects; that made me observe him more; I forced a conversation with him; he continued in a kind of incoherent manner during the whole time that he staid.

Q. Where was this house?

Sefton. In Beaufort Buildings in the Strand; he had a first floor; I was on the floor above him; I used to swear that he was mad, that he would certainly fire the house, and I was under great concern for my papers, &c.

Q. Have you made it your business to study the practice of physic?

Sefton. In the younger part of life I shilled physic; but on the war's breaking out, a military fancy took me, I was determined to go to serve my country, and then got a commission in the Royal Welch Fuzileers ; but hearing Lalley was gone to France, I went volunteer, and came home after the war.

Q. Did you during this time suppose him out of his senses or not?

Sefton. I did. I lived six years next door to one of the great private mad houses, and saw them frequently confined, and those they could let out they used to be chained to trees; I used to be asking them sometimes questions from curiosity.

Q. What sort of madness did you apprehend this gentleman's to be?

Sefton. A kind of mixed, sometimes frantick, sometimes melancholy.

Q. And you have spoke of him as such frequently?

Sefton. Yes; not to one, or two, but I dare say to twenty or more.

Mary Huff . I live in Beaufort-buildings; he lodged in my house a year and a half: he went away from the house the middle of the quarter, a twelve-month last Christmas.

Q. Did Captain Sefton lodge in the house?

Huff. Yes.

Q. What was the judgment you formed of his state of mind?

Huff. I never thought him a man right in his senses during all the time that he lodged at my house.

Q. to Whitewood. Have you seen your master continually since he has been in confinement?

Whitewood. Yes.

Q. In what condition has he been?

Whitewood. Very bad; he has continued much the same as before, talking about the bailiffs and the like.

Counsel. Mr. Justice Blackstone thought him not in a fit state last sessions to be tried.

Court. We thought the affidavit sufficient to put off the trial till further enquiry was made; at the same time we told Mr. Cox that we should expect proof of a much stronger kind than that upon which we put off the trial. I was in Court, I believe by myself, when he was brought up in order to be arraigned; he then appeared exceedingly wild when arraigned first of all, but was remanded, and came back in five or six hours time, with a very different kind of apparent insanity upon him: he was quite frantick at first, afterwards only talking beside the purpose.

Guilty . Death .

Recommended to Mercy by the Jury.

130. (M.) JAMES GRIFFITHS was indicted for stealing one pair of silver shoe buckles set with paste, value 40 s. one pair of paste earrings, value 10 s. two pair of paste cluster earrings, value 40 s. two pair of stone ear-rings set in silver, value 20 s. one pair of black ear-rings, value 3 s. one gold wire, value 9 s. two silver pins set with paste, value 8 s. one silver stay hook, value 3 s. one paste breast buckle, value 14 s. one gold ring set with paste, value 21 s. one gold ring with hair set therein, value 20 s. one paste hoop ring, value 16 s. one gold ring enamelled set with six diamond sparks, value 30 s. and a gold ring with a stone set therein, value 10 s. the property of James Matravers , in his dwelling house , Nov. 1 . ++

James Matravers . I live in Vere-street, Clare-market . On Sunday the 1st of November, about two in the morning, myself and family were alarmed by fire; upon which I jumped up in the bed, and my chamber window looked direct to the house where the fire broke out, in Stanhope-street; the back part of the house looked to mine; I apprehended from the situation, my house was in imminent danger, and would soon be in flames. My wife being near the time of her delivery, I apprehended the consequence would be fatal to her, therefore I made her the principal object of my concern, more indeed than my property, and a young child, and a maid servant that went into fits; therefore I made my wife, child, and maid, the object of my whole concern; I took care to have them removed out of the house; I went to my bureau; I locked up what was necessary; I took my shop books, and that bureau, and wife and child, and went to the house of a neighbour. I afterwards received intelligence from the prisoner, that great part of my goods had been carried to his house; they were all brought back except the things mentioned in the indictment. I was so taken up in attending my wife that I did not return to my house till eight o'clock; before I returned to my own house, I went into a neighbour's shop, and there I saw Mr. Griffiths; though I had known him by sight some years, I never had spoke to him before. Mr. Griffiths told me he had been in my house several hours that morning, and had assisted in the preservation of my effects; I had not the least suspicion but what he spoke the truth; I thanked him therefore for his kindness. I went home; I found the key in the middle drawer, out of which these things were taken; I opened the drawer and found the contents were gone. The drawers stood upon a table in my bed chamber, in the two pair of stairs back room; all the things mentioned in the indictment (repeating them) were taken away. Some time after this Mr. Shalmadine came to my house, and shewed me a gold cluster ring, and a pair of cluster ear-rings; my wife and I told him they were part of what we had lost at the fire; Mr. Shalmadine declined telling me then from whom he had them, but he came again in the evening, and told me he had them from Mr. Miller; we went there, and Mr. Miller said he bought them of Mr. Griffiths, and a clump stone ear-ring, and a hair pin, which he had made a present of to Mr. Sharpe, who was with him. I got a warrant, and had the prisoner taken before Sir John Fielding . On his cross examination he said he did not think himself a competent judge of the identity of the trinkets, but he had no doubt of their being his property, as his wife had wore them commonly ever since their marriage.

Mrs. Matravers. I am wife to the prosecutor. I used to keep all my rings and buckles in that drawer; there were in it all the articles mentioned in the indictment (repeating them ); I saw them all on the Thursday evening proceeding the fire, which happened on the Sunday morning, as I then put into the drawer some part of them which I had wore that day. I am positive that these ear-rings are my property; one of the locks is loose; I know the rings by their fitting my finger. On her cross examination she said she was perfectly satisfied that they were her property.

James Bilbin . I am a brewer, and live in Vere-street: I was just got to bed when I heard the alarm of fire; as I saw I was not in immediate danger, I went out to assist my neighbours; I went to Mr. Matravers's; they were carrying out leather; I went up stairs into the first, second, and third floor; there was no one there; I came down stairs, and then the prisoner came in; I told him there was no one up stairs, and the back of the house would soon be on fire; Mr. Griffiths went up with me; as other people were coming in, I desired a person I knew to stand at the bottom of the stairs, and let nobody come up; then the prisoner and I went up stairs together; in the back two pair of stairs room there stood a dressing glass or toilet with three drawers in it; the middle drawer had a key in it; he opened all the drawers, and he put his hand into the middle drawer and took something out, which he put in his pocket; I had not the least suspicion of his intending any thing dishonest. I went up with him to the third story; there stood a chest of drawers; they were all locked; he endeavoured to open them but could not; then he looked about the room for a poker or something to break them open; I said don't break any thing open, but let us remove any thing we can down stairs; another man came up, and we got them down stairs. I went over to Mr. Matravers about eleven or twelve o'clock, to enquire after the family; the maid told me her mistress was uneasy about some things that were lost out of a toilet in her master's bed room; I told her they were very safe, for I saw Mr. Griffiths take them.

Court. You must not mention what passed between you and the maid; that is not consistent with the rules of evidence.

Bilbin. I saw Mr. Matravers afterwards, I told him the same. On his cross examination, he said he did not see what the prisoner took out of the drawer, but he saw him more than twice put his hand into the drawer, bring it out closed and put it into his pocket.

John Shalmadine . I am a butcher in Vere-street, Clare-market: Mr. Miller sent to me the gold cluster ring and the ear-rings; Mr. Miller told me from whom he had them; that he had them of Griffiths; upon this I suspected they came from the fire. I carried the earrings to the house of Mr. Matravers, and desired him to look at them; he did, and as soon as he saw them, he declared them to be his, but said he, I shall be better satisfied if my wife recollects them; they were carried up to her, and as soon as they were shewn her; she looked at them, and declared positively they were her's.

Andrew Miller . I live in Prince's-street, Lincoln's-inn-fields. On the 16th of December I bought one ring and some ear-rings for five pounds eight shillings; I delivered them to Shalmadine; I bought them of the prisoner; (the things produced). I think they are the things; I am positive what I delivered to Shalmadine were such things and that I bought them of the prisoner.

Mr. William Sharp . Being in a coach with Miller and Griffiths, some time in November, Mr. Griffiths produced a box containing the ear-rings now in question, and likewise a hair pin, and a stone ear-ring; the hair pin and stone ear-ring were given to me as a present; the other things were sold to Mr. Miller, and they were given me by the prisoner.

The hair pin and stone ear-ring shewn to Mr. Matravers.

Mr. Matravers. I think they are mine.

Mrs. Matravers. They answer in every point of description to the things I have lost, and I believe them to be mine.

Prisoner's Defence.

I will make it appear to your lordship how I came by them, how I bought them, and what I gave for them: one Mr. Morris came to me about the 13th of November, and he told me he wanted a suit of clothes; he said he knew me very well, but I did not know him, and that he would pay me ready money for the clothes; that he was going down to Worcester; while measuring him, he said I shall pay you ready money, and I have a few things I make no use of, I will shew them to you; he pulled them out of his pocket and put them upon the table; I looked at them; I told him I was no judge at all; he said they were of no use to him; I said I would send and have them valued, and if he thought proper I would give him what they were worth. I sent my son to Ludgate-hill, and he brought me word back eighteen or nineteen shillings. When the man came for the clothes I deducted that money, and he paid me the remainder, tied up his clothes, took them under his arm, and said he was going to Worcester.

For the Prisoner.

Roger Gaskill . I have been a foreman and a servant to the prisoner the principal part of ten years.

Q. Do you remember in November last one Morris coming to Griffiths's house, and having a suit of clothes?

Gaskill. I remember about the middle of November I was at work for Mr. Griffiths; he told me there was a suit of clothes to be made for a gentleman; I cannot recollect the name; they were to be done in a hurry; we got another man to come and assist us; soon after the gentleman called for the clothes; Mr. Griffiths rung the bell, and ordered me to bring the clothes down stairs; I brought them down stairs into the parlour and tried them on. I never saw the gentleman before in my life; I put the clothes on; he liked them very well; he said you have made out my bill; Mr. Griffiths said he had got his son, or Tommy, to write it out; he put his hand in his pocket, took out a canvas bag, and gave me six-pence; I asked for a handkerchief to tie the clothes up in it; he took his leave and I went up stairs, and said, I thank God the clothes fit, and I believe he will be paid for them.

Q. What colour were they?

Gaskill. Dark coloured with a cloth collar.

James Gilpin .

Q. Do you know Mr. Griffiths?

Gilpin. Yes.

Q. Do you remember any person coming to him and buying a suit of clothes?

Gilpin. About the beginning of November I met Mr. Griffiths in Cheapside; he bid me call for a pair of breeches to clean: I am a leather breeches maker; I had a pair of breeches to carry to a customer; he was not in a hurry; I went there; I have them at home. As he was going to look for them, somebody knocked at the door; a man came in and said, are my clothes done? he said yes, Mr. Morris, they are; he rung the bell and called to the man to bring the clothes down.

Q. Who brought them down?

Gilpin. A journeyman. He put them on, and said they fitted extremely well; he then enquired about his bill; he put his hand in his pocket and pulled out a bit of a bag, and gave the man something to drink his health; what it was I cannot say. As soon as he had done that, he goes out to his bureau, and said, Mr. Morris, here are the things you left with me; he said well, Mr. Griffiths, have you had them valued? Mr. Griffiths answered, yes, Sir, I sent my son to have them valued, and they are valued at nineteen or twenty shillings, I cannot say which.

Q. Did you see the things?

Gilpin. Yes; there was a ring for a finger and two pair of ear-rings, one with a white stone, the other red and white; the man said I think it is too little for them; Mr. Griffiths said that was what they were valued at, if he chose to take that, he would deduct it out of the bill; he said, well, I am going to Worcester, write me a receipt, and there are five guineas.

Q. What were the clothes to come to?

Gilpin. Six pounds. Griffiths asked him if he would drink a glass of brandy; he fetched the bottle out, and gave me a glass of brandy with him; Griffiths said he would be obliged to him if he would tell him who was so kind to recommended him.

Q. Could you know the things?

Gilpin. That ring I believe was one of the rings; I cannot swear positively, but I remember the man's taking a ring up in his hand and turning it round; it was just such a one.

Q. The ear-rings were they such kind of things as them?

Gilpin. Yes.

Q. Did you see the hair pin?

Gilpin. I cannot say I observed it.

Cross Examination.

Q. Where do you live?

Gilpin. Rose and Crown-court, in Broad-street-buildings, Moorfields.

Q. You are a leather-breeches-maker?

Gilpin. Yes.

Q. What time of the morning was this you called?

Gilpin. About the middle of the day, I believe eleven or twelve o'clock, I cannot particularly say.

Q. Recollect the day of the month.

Gilpin. I cannot positively say; it was the middle of the week, about the middle of November, about the 16th or 17th; if I had thought you would have been so particular I could have looked at my books.

Q. How long had you been in the house before this man knocked at the door?

Gilpin. I suppose about a minute or two.

Q. Where had you been standing?

Gilpin. In the parlour.

Q. Was Mr. Griffiths with you?

Gilpin. Yes.

Q. Was any body sent for the breeches?

Gilpin. He got up to look for them himself?

Q. Has Mr. Griffiths more than one parlour in his house?

Gilpin. Not that I know of, except the back parlour or bed room; I do not know which he calls it.

Q. Was the parlour door shut or open when he let this gentleman in?

Gilpin. It stood upon the jar.

Q. He recollected him immediately; he called him by his name?

Gilpin. He said, yes, Mr. Morris, they are.

Q. You are certain of the name?

Gilpin. Yes.

Q. You recollect it very well?

Gilpin. Yes; but I did not expect to be called upon till yesterday morning.

Q. Nobody applied to you before yesterday morning?

Gilpin. No.

Q. Perhaps you never heard that Mr. Griffiths was in trouble about this?

Gilpin. I read something of a paragraph in the papers, but not thinking it was him.

Q. I suppose you was as much at a loss about this as any man at Rome ?

Gilpin. I was desired to recollect what passed about Mr. Griffiths and a gentleman that came for some clothes.

Q. Was that the first time you had ever mentioned it to any body?

Gilpin. Yes.

Q. How long did this gentleman continue in the parlour?

Gilpin. About half an hour.

Q. What sort of a man was he?

Gilpin. A tall man.

Q. Had he a wig or his own hair?

Gilpin. His own lank hair.

Q. How was he dressed?

Gilpin. Half mourning or dark blueish clothes; I am not very clear about that.

Q. How tall was he?

Gilpin. He might be about as tall as myself; I cannot tell exactly.

Q. What complexion?

Gilpin. Dark complexion.

Q. How long was you in the parlour?

Gilpin. I might be very near half an hour.

Q. You was not in a hurry to get this pair of breeches?

Gilpin. I thought of asking for the breeches all the time: every tradesman knows he must wait for his customer.

Q. When the gentleman went you got the breeches?

Gilpin. Yes.

Q. When did you carry them back again?

Gilpin. I have not carried them back yet; Griffiths said he was not in a particular hurry.

Court. You spoke to a ring and two pair of ear-rings.

Gilpin. Yes.

Q. You remember nothing of a hair pin or stone ear-ring?

Gilpin. No; I do not recollect them.

- Thompson. I am a goldsmith and jeweller: I live on Ludgate hill.

Q. Were these things sent to you to value?

Thompson. They were; these are such like things; they are the same make; this pin was not sent to me, the two pair of ear-rings and the ring; I did not give a great deal of attention to them, not having any suspicion I should be called upon about them.

Q. What were they valued at?

Thompson. The first time he came to me I asked Mr. Griffith's son if they belonged to jewellers; he said no; because I said if they were I did not chuse to run down any man's work, but if your father is to buy them of any body I would assist; he might give half a guinea for the ring, and if he gave six shillings for these paste ear-rings it was as much as they were worth; those clasps I told him were good for nothing, that if he gave three shillings he gave more than the value for them.

Q. What may the hair pin be worth?

Thompson. I would not give above two shillings for it.

Q. You do not value the whole at more than twenty shillings?

Thompson. One pound one shilling and sixpence.

Q. When did you value them?

Thompson. I cannot say when; in the evening about six o'clock, Mr. Griffiths's son, Tommy, brought them.

Q. Is there any thing particular in them?

Thompson. There are hundreds of such things made; it is an utter impossibility for a man to swear positive to such things as these.

Cross Examination.

Q. Perhaps you are not clear that these were the things that were brought to you?

Thompson. They are the same sort of things.

Q. Perhaps those were better than these?

Thompson. They were the same quality and make.

Q. I wish you would have a little recollection at what day of the month this happened?

Thompson. I have no recollection of it.

Q. You have no notion about what time it was?

Thompson. I have not.

Q. Had you ever any thing of that sort brought to you to value before?

Thompson. Not from Mr. Griffiths.

Q. You know him very well?

Thompson. I am acquainted with his son, and know him very well: I have been at his house many times.

To the prisoner's character.

James Parker . I am a butcher: I live at the top of Bedford-row, Bedford-street: I have known the prisoner better than ten years; he is a taylor; he has been my taylor a good many years, and I have served him with meat. I always found him an honest dealer; his son has several times come up to my house, perhaps with a letter to borrow ten or twenty pounds, and I have lent it him without any note till I have seen him again.

Q. Was he a man that in your judgement you might think to be capable of such an act as this?

Parker. No.

William Bowyer . I have known him thirteen or fourteen years: he has made clothes for me eleven years; I always found him a very honest just tradesman; I never heard a bad character of him before; I have lent him money several times, and he has always paid me very honestly. I have lent him sometimes fifty pounds, sometimes forty pounds.

- Lake. I am a dealer in china: I live in Duke-street, next door but one to Mr. Griffiths; I have known him six or seven years; he has worked for me.

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

Lake. Yes.

- Bunton. I am a broker and auctioneer: I have known Griffiths about nine years; I have heard him always spoke of with confidence and esteem; I had a sale of jewellery, and Mr. Griffiths was there; I thought him exceedingly safe; I had nigh nine hundred pounds w orth of goods; I left Mr. Griffiths and Mr. Green alone with the goods.

James Need . I have known the prisoner these two or three years.

Q. What are you?

Need. A shop-keeper till within these three or four months: I am now out of business; I have known him three or four years; I always had a good opinion of him; I never heard any harm of him.

Q. His general reputation was that of a fair honest dealing man?

Need. He always proved very honest to me.

John Walker . I am a victualler: I live in Duke-street; I have known him about twenty years.

Q. What has been his general character and reputation since you knew him?

Walker. An honest just man; I know no other of him.

Robert Cooper . I am a shop-keeper: I live in the next street to Mr. Griffiths; I have known him seventeen years; during the time I have been there, I have employed him as a taylor, and he dealt with me; I always found him a fair dealing man.

Q. During the whole seventeen years you have known him his character has been fair and honest?

Cooper. It has.

Court. The jury are well satisfied as to his character I believe, as far as that goes.

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

131, 132. (M.) ROBERT SIMMONDS and JAMES BISHOP , were indicted for that they on the king's highway, on Isaac Hartley did make an assault, putting him in corporal fear and danger of his life, and stealing from his person, a pair of metal shoe buckles, value 10 d. a pair of sleeve buttons, value 1 d. a half crown piece, and 6 d. in money, numbered, the property of the said Isaac , Dec. 21st . +

Isaac Hartley . I was robbed on the 21st of December, in the foot path to Hackney , between the alms houses and the sign of the Cat and Shoulder of Mutton; I was walking pretty briskly; I met three men; suspecting them, I turned round, and one of them instantly seized me by the collar of my coat, and put a pistol to my head, and I believe the words he said were, your money you dog.

Q. Was it dark?

Hartley. No, it was moon light; it was a little cloudy, but gave a great deal of light; as soon as the man that seized me by my collar demanded my money, another on the other side put a cutlass to my throat, and said he would cut my throat, or cut my head off, if I made any resistance; the third rifled my pocket of a half crown and sixpence, and took my buckles out of my shoes.

Q. Do you know the persons of the men that robbed you?

Hartley. The prisoners are two of them; I could see their faces very plain.

Q. Which put the pistol to your head?

Hartley. I cannot be positive which did the particular acts, but I am positive to their persons; I think Simmonds held the pistol, and Bishop the cutlass.

Q. How long were they with you?

Hartley. About four minutes; when they had robbed me, they said God bless you, get home; two of them were taken up the night following.

Edward Darley . Robert Simmonds and James Bishop were concerned with me in robbing the prosecutor; we met together that night at the White-horse in Lamb-alley, Bishopsgate-street; we went from there about eight o'clock with intent to commit a robbery; we met the prosecutor in Hackney fields; we turned back and I put a pistol to him, and asked him for his money; Simmonds held a cutlass to him, and Bishop rifled his pockets; he took from him a pair of buckles, a pair of buttons, and a half crown and sixpence.

Q. How long were you committing the robbery?

Darley. About five or six minutes, or not so much.

Q. Did any of you say any thing when you left him?

Darley. I think I bid him go about his business.

Q. Did you say bless him, or blast him, or any thing like that?

Darley. I never said any such thing; we divided the money among us; when I was taken up they sent me word in Newgate that they had thrown the buckles and buttons away; Bishop and I were taken up together the next day.

Q. to Hartley. Was you sober at the time?

Hartley. Yes, as sober as ever I was in my life.

Q. Would not the same surprize that prevented your knowing the part each of them took in robbing, prevent you from knowing their persons?

Darley. No, I saw their faces distinctly; I challenged them the moment I saw them.

Bishop's Defence.

When Darley was first taken, the prosecutor swore that he rifled his pockets; after that he swore that he held the pistol to his head.

Q. to Hartley. Did you swear differently?

Hartley. I did not.

Simmonds's Defence.

I do not know the gentleman; I believe he does it for the sake of the reward; he went to Sir John Fielding 's first to enquire how he should get the reward, and said he was afraid the thief-catchers would cheat him out of it.

Q. to Hartley. What are you?

Hartley. I am servant to Mr. Gibson; I did enquire after the reward by Mr. Gibson's desire.

Both guilty . Death .

133. (2d M.) ROBERT SIMMONDS and JAMES BISHOP were a second time indicted, together with ANN ALLEN , spinster , the two first, for that they on the king's highway, on John Cole did make an assault, putting him in corporal fear and danger of his life, and stealing from his person, one pair of mens shoes, value 3 s. one linen shirt, value 2 s. one neckcloth, value 10 d. one cloth coat, value 3 s. a silk handkerchief, value 10 d. and five shillings in money numbered, the property of the said John ; and Ann Allen for receiving the said cloth coat and silk handkerchief, well knowing them to have been stolen , Dec. 16th . ||

John Cole . Going to Hackney on the 16th of December, between nine and ten o'clock at night, I followed three young men some time; just before I came to Hackney-fields , one of them, I do not know which, asked me whether I was going to Hackney; I told him I was; then another said there were four of us, so there was no danger in going a cross the fields; as soon as we had passed the alms houses, William Darley , who was one of them, turned back and put a pistol to my mouth; and Simmonds put a sword to my breast, while Bishop rifled my pockets of five shillings and some halfpence, and took away a bundle I had, containing the wearing apparel mentioned in the indictment, (repeating the several articles).

Q. Was it light enough for you to identify their persons?

Cole. It was dark when we were first together; but I was so long with them that I could not but know them by the light of the lamps, as I walked with them in Hackney road; I took particular notice of Simmonds; after they had robbed me, they said if I did not go on, they would blow my brains out; I found my clothes at one Delafore's in Norton-falgate; I went with the other young man that was robbed to several public-houses; we found Bishop and Darley together, at a public house near Nortonfalgate; as soon as I saw them, I told Flanagan, one of the people that went with me, that they were two of the persons that robbed me; I saw Simmonds afterwards at Justice Wilmot's, and was certain to his being one that robbed me.

William Darley . I was concerned with Bob Simmonds and Bishops in robbing the prosecutor, which was some time before the robbery we committed upon Mr. Hartley which they were tried before for; it was in Hackney-fields; I attacked him first with the pistol; Simmonds had a cutlass; Bishop took three good shillings out of his pocket and a bad one; and we took a bundle from him which contained a pair of shoes, a shirt, a coat and a neckcloth tied up in a silk handkerchief; before we robbed him we walked with him a little way.

Q. Did any conversation pass between any of you and the prosecutor?

Darley. I did not hear any; I walked on before.

John Delafore was called, but not appearing, his recognizance was ordered to be estreated.

The prisoners in their defence begged for mercy, said they were weavers, and had not been able to get any work since the expiration of their apprentice-ships.

SIMMONDS, guilty . Death .

BISHOP, guilty . Death .

ALLEN, acquitted .

134. (L.) JOHN FURR was indicted for stealing a canvas bag, value 3d. and 25lb. of nutmegs, value 10l 17s. the property of Elizabeth Parker , widow , and William Parker , Nov. 25th . ~

Acquitted .

135. (M.) THOMAS LEWIS was indicted for stealing one wicker basket, value 6 d. and two bushels of apples, value 5 s. the property of George Preble , Jan. 13th . ||

Acquitted .

136. (M.) JAMES MULLIN was indicted for stealing two cloth coats, value 40 s. two cloth waistcoats, value 20 s. two pair of cloth breeches, value 10 s. three pair of Manchester breeches, value 10 s. one buff coloured waistcoat, value 2 s. one brown cloth waistcoat, value 2 s. one white silk gown, value 20 s. one green silk gown, value 12 s. one green stuff gown, value 6 s. twelve linen shirts, value 20 s. six linen shifts, value 6 s. eight linen caps, value 4 s. four pair of womens ruffles, value 4 s. thirty pair of silk stockings, value 50 s. one pair of leather breeches, value 8 s. six China tea cups, value 6 s. six China saucers, value 3 s. one brush, value 2 s. one pink silk petticoat, value 4 s. twelve diaper clouts, value 4 s. two flannel peticoats, value 1 s. and three table cloths, value 3 s. the property of Nathaniel Wood ; one crape gown, value 12 s. one silk and stuff gown, value 2 s. one white linen gown, value 5 s. two cotton gowns, value 4 s. one pair of green calamanco pumps, value 10 s. one black calamanco petticoat, value 10 s. one flannel petticoat, value 1 s. two linen shifts, value 5 s seven white linen aprons, value 7 s. four pair of linen sleeves, value 2 s. twelve plain linen caps, value 6 s. two wire caps, value 2 s. eight linen handkerchiefs, value 8 s. one black silk handkerchief, value 2 s. three pair of white cotton stockings, value 3 s. one pair of silk stockings, value 1 s. two pair of worsted stockings, value 2 s. three pair of linen sheets, value 3 s. one black silk cloak, value 5 s one black silk bonnet, value 2 s. one black sattin hat, value 3 s. and one large table cloth, value 2 s. the property of David Frayer , in the dwelling house of Elizabeth Longwell , Nov. 14th . ||

Acquitted .

137. (2d. M.) JOHN MATTOCKS was indicted for stealing one wooden box, value 1 d. one linen bag, value 1 d. two gold rings, value 20 s. and 9 l. 4 s. 2 d. in monies numbered, the property of John Moseley , in his dwelling house , Dec. 16th . ||

Acquitted .

138, 139. (M.) THOMAS MACDONALD and JAMES WATSON , otherwise DUMB JEMMY , were indicted for breaking and entering the dwelling house of Margaret Kelly , widow , on the 24th of December , about the hour of six in the night, and stealing one piece of linen cloth, value 45 s. one pair of trowsers, value 3 s. 4 d. and one pair of flannel drawers, value 10 d. the property of the said Margaret, in her dwelling house . *

Acquitted .

140. (L.) THOMAS MURRELL , otherwise CLIFF , 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 . My house was broke open on the 6th of September: I saw the house was fast when I went to bed between ten and eleven at night. One Brown, who lodges at my house, called me up at about six o'clock the next morning; I found the doors all wide open, and missed the things mentioned in the indictment (repeating them).

Mary Mozine . When we were called up in the morning by the lodger we found the doors open, and all the things in the indictment were taken away; there was a mark on the door as if it had been broke open with a chissel.

Peter Senhouse . There was a hat delivered to me at the Brown Bear near Sir John Fielding 's by the prisoner, which Walsam, the evidence, said was stolen out of the prosecutor's house. ( This is the hat producing it).

Mozine. If this is my hat it is so altered that I don't know it.

Percival Phillips . I went to Tothil-fields Bridewell, to see what was in a bundle that the prisoner and Cliff had there; there were some shirts in the bundle the prisoner had, which I delivered up to Mr. Mozine last sessions.

Mary Mozine . This is one of the shirts I had from the prisoner; it is my husband's shirt.

Francis Dawes . I am a constable of Biggleswade: I was sent for to secure the prisoner, and the accomplice; they lay in a room in which were four beds; I found two bars of iron under the prisoner's bed, and a parcel of picklock keys in his pocket.

William Knott . I live at Huntingdon; I pursued them from thence to Biggleswade. (He confirms the evidence of the last witness.)

Thomas Walsam . On a Sunday morning, about twelve o'clock, I was called up by Murrell and Cliff; they had marked this house out to rob it; we went there; Murrell and I climbed over a garden wall; he opened the garden gate, and we all three went into the garden yard and shut ourselves in; we tried to break open the windows but could not get them open; we had the tools that have been produced now; we broke open the street door with them. When we got in, we broke open a bureau and took out five spoons, a pair of studs, and a parcel of linen; we broke open a tea chest, and took out about twenty shillings and a half guinea.

Prisoner's Defence.

I know nothing of the affair.

For the prisoner.

John Asply . I am a watch-chain-maker in St. Martin's lane: I have known the prisoner eight years; till within this five months he always bore an honest character.

John Carter . I have known the prisoner almost two years; he was a very honest man in every shape as far as I know.

William Price . I am a watch-chain-maker; I have known the prisoner ten years; he always bore the character of a sober honest young man.

Richard Buggin . I have known the prisoner two years; he always bore the character of a very honest young man.

John Daws . I have known the prisoner two years; he worked with me nineteen months; he was very diligent and sober.

William Simpson . The prisoner lodged with me eighteen months; he always bore a good character. I worked with him in town and country.

Guilty . Death .

See the trial of John Cliff , No. 54, last sessions.

141, 142. (M.) SARAH, the wife of Robert PUNG , and ANN, the wife of Peter KING , were indicted for stealing one black silk night gown, value 10 s. one black crape night gown, value 15 s. one striped lutestring night gown, value 8 s. one black cotton Chinese pattern night gown, value 20 s. one purple cotton Chinese pattern night gown, value 15 s. one red and white Chinese pattern night gown, one black calamanco quilted petticoat, value 20 s. one callico quilted petticoat, value 15 s. two flannel under petticoats, value 10 s. one flannel waistcoat, value 1 d. one pair of ticking stays, value 15 s. one black sattin laced cardinal, value 40 s. one black silk cardinal, value 2 s. one black silk handkerchief, value 6 d. one white silk handkerchief, value 1 s. one red and white silk handkerchief, value 5 s. one black silk hat, value 2 s. one black silk bonnet, value 4 s. one black sattin bonnet, value 2 s. one white silk bonnet, value 1 s. eight shifts, value 16 s. six long lawn aprons, value 8 s. three coloured apron, value 1 s. one holland apron, value 1 s. two fine lawn aprons, value 10 s. one flowered apron, value 1 s. ten pair of ruffles, value 8 s. ten double lawn and muslin handkerchiefs, value 6 s. two fine lawn handkerchiefs, value 10 s. thirty-six caps, value 16 s. six pair of holland shift sleeves ruffled, value 4 s. three pillow cases, value 1 s. two pair of sheets, value 6 s. one diaper table cloth, value 1 s. one damask napkin, value 1 s. two pair of dimity petticoats, value 1 s. one ell of black cotton, value 5 s. one yard of purple cotton, value 2 s. one yard of Irish cloth, value 2 s. two pair of black calamanco shoes, value 4 s. one pair of black sattin shoes, value 2 s. one pair of silver buckles, value 17 s. five silk stomachers, value 1 s. one pair of black silk stockings, value 1 s. two pair of white silk stockings, value 2 s. two pair of silk mittens, value 2 s. one pair of blue leather mittens, value 1 s. two pair of white kid gloves, value 1 s. one white bead necklace, value 1 s. and six coloured handkerchiefs, value 2 s. the property of Sarah Hopkins , widow , in the dwelling house of Robert Pung , Nov. 1 .

Both acquitted .

143. (2d M.) THOMAS SMITH was indicted for stealing three bushels of wheat, value 16 s. the property of Samuel Osborn , Oct. 13 . +

Acquitted .

144. (M.) WILLIAM ARCHER was indicted for breaking and entering the dwelling house of William Collard , on the 26th of October , about the hour of nine in the night, and stealing one large copper pottage pot, value 5 s. one copper coverlid, value 1 s. one small brass pottage pot, value 3 s. one brass coverlid, value 6 d. one copper saucepan, value 2 s. one tin kettle, value 6 d. one small blanket, value 6 d. one live pig, value 10 s. one live hen, value 1 s. and five live young chickens, value 1 s. the property of the said William Collard , in his dwelling house . *

William Collard . I live in Bunhill-row, in the parish of St. Luke's : my house was broke open and robbed on the 26th of October. I went to bed about nine at night; I lost the things mentioned in the indictment, but my wife can give the court a better account of it than I can.

Ann Collard . Some workmen had been at work upon the house; they had nailed up the door when they went away at night; when I got up in the morning, I found the door wide open, and missed the several things mentioned in the indictment I found the blanket on the prisoner's bed; the prisoner said a girl had brought the copper, and had a duplicate to it.

The prisoner said nothing in his defence.

Not guilty of breaking and entering the dwelling house, but guilty of stealing the good . T .

145. (M.) SARAH WRIGHT was indicted for stealing a linen sheet, value 1 s. four pillow cases, value 2 s. and two linen table cloths, value 2 s. the property of Charles White , Sept. 22 . ++

Acquitted .

146. (M.) JANE DAVIS , spinster , was indicted for stealing a cotton counterpane, value 20 s. a pair of linen sheets, value 10 s. a linen apron, value 2 s. a stuff gown, value 12 s. two linen aprons, value 2 s. the property of Catherine Mansfield . *

Catherine Mansfield . I live in Petty France : I lost the things mentioned in the indictment out of my house. The prisoner was an acquaintance of mine, and came to see me that night. I found a counterpane and sheet at a pawnbroker's in Tothil-street; the blankets were stopped at another pawnbroker's.

Henry Steel . I live near Tothil street, Westminster. I have here the cotton counterpane and a sheet which I received of the prisoner. (They are produced and deposed to by the prosecutrix).

John Studer . I am a constable: I found these things in the prisoner's lodgings. (Producing the rest of the things which are deposed to by the prosecutrix.)

Prisoner's Defence.

I am a servant out of place; I was greatly in distress; I leave myself to the mercy of the Court.

Guilty . T .

147. (M.) JOHN OSBORN , otherwise HOBSON , was indicted for breaking and entering the dwelling house of Joshua Pearson , on the 23d of November , about the hour of two in the night, and stealing seven tin cannisters, value 7 s. 27 lb. wt. of coffee, value 4 l. and 20 lb. wt. of tea, value 6 l. the property of the said Joshua, in his dwelling house . *

Joshua Pearson . My house was broke open on the 23d of November: I live in Nightingale-lane, near Wapping . When I went to bed overnight I left the house quite fast; I was alarmed soon after three o'clock; I got up and found my house broke open. and the several things mentioned in the indictment: were gone (repeating them). The green cannisters, one with tea, another with coffee; the one was found near the house, the other was found in a closet in the house of the prisoner at the bar, by Flannagan.

Charles Flannagan . I belong to Justice Wilmot's office, Bethnal Green. When Wilson was admitted an evidence, I went with him, and found these cannisters in a closet at the prisoner's house, in a back room where the bed is. When Wilson turned evidence, he mentioned this gentleman's being robbed.

John Wilson . The prisoner, and I, and one Timothy Farrel , and one Smith, broke open a great many houses; one in Nightingale-lane; we wanted to come into the city to break open a compting house; we found it too late, so in the way home we broke open this shop: the prisoner took a pannel out of the door, and he and I went into the shop, and the other waited without; we took these cannisters out of the house that night; we took them to the prisoner's lodging; there we divided the tea and coffee; one of the cannisters was left behind; I sold my part as well as I could.

Prisoner's Defence.

Farrell lodged along with me; I cannot tell but he might be concerned in it; I am innocent of it; he is run away. I was born in Yorkshire; I have no friends here.

Guilty . Death .

148. (M.) THOMAS HORTON was indicted for stealing three linen shirts, value 8 s. one woollen coat, value 5 s. and one silver marrow spoon, value 9 s. the property of Charles Hills , Dec. 25th . *

Charles Hills. I keep a public house ; the prisoner lodged at my house; he went out and took away the key of the room; I heard him come in some time after; then he went away, and I missed the things; I suspected him, and I took him at the Bull and Mouth in Drury-lane the Wednesday following, and delivered him to the constable; then he owned the taking of the things, and named the places where he pawned the shirt, great coat, and marrow spoon.

The several pawnbrokers produced the different articles.

The prisoner in his defence acknowledged the charge, said he had been mate of a ship , and was out of employment, and in great distress.

Guilty . T .

149, 150, 151, 152. (M.) JOHN LEE , RICHARD MOULS , HENRY ROBINSON , and BRIDGET HOLLAND , were indicted; the three first for stealing one silver tea spoon, value 2 l. the property of Henry Eastlake , Dec. 24th .

All acquitted .

(M.) JOHN LEE , RICHARD MOULS , HENRY ROBINSON , and BRIDGET HOLLAND , were a second time indicted; the first three for stealing a silver table spoon, value 10 s. the property of Henry Eastlake ; and the other for receiving the said spoon well knowing it to have been stolen , Dec. 27 . *

Henry Eastlake . Lee was in my house; I used to give him three shillings a week in order to prevent his getting into this gang of boys. I intended to take him as an apprentice.

- Eastlake. I am the wife of the last witness: I sent the boy up for some eggs; I saw him take the spoon and run away with it.

Charles Handler . I bought the spoon of a woman; I cannot be certain as to her person; it was such a woman as the prisoner.

Lee, Mouls and Robinson, in their defence, said the woman encouraged them to steal things and bring them to her.

LEE guilty . T .

MOULS acquitted .

ROBINSON acquitted .

HOLLAND acquitted .

(M.) JOHN LEE , RICHARD MOULS , and HENRY ROBINSON were a third time indicted for stealing a silver table spoon, value 2 s. the property of Henry Eastlake , Dec. 30 . *

LEE guilty . T .

MOULS acquitted .

ROBINSON acquitted.

153. (M.) JAMES TAYLOR was indicted for stealing twenty-three shillings, and eleven pence , the property of Joshua Jones , Dec. 29th . *

Acquitted .

154. (L.) THOMAS CROZIER was indicted for stealing a half guinea , the property of John Green , Dec. 4th . ++

Acquitted .

155. (L.) WILLIAM BROWNE was indicted for stealing a linen handkerchief, value 10 d. the property of John Dowley , Dec. 20 . ~

John Dowley . About six in the evening of the 20th of December, going by St. Magnes church , I found something at my pocket; I turned about and saw the prisoner with his hand in my pocket; I followed him, and when he had got about forty yards, he was secured by another person, and the handkerchief found close by his feet.

Prisoner's Defence.

I met the gentleman; I did not steal the handkerchief.

Guilty . T .

156. (L.) MARY WILSON was indicted for stealing two linen wrappers, value 4 s. the property of Henry Jones , William Howard , and William Jones , Jan. 4th . ~

The wrappers were sworn to be the prosecutors by the workman that made them up.

William Paul . I saw the prisoner come into the passage, take them up, and carry them three or four yards.

The prisoner confessed the charge, and begged for corporal punishment.

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

157, 158. (M.) JOSHUA COSTER and PEELING HERNE , were indicted for that they on the king's highway on James Trebeck , clerk , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person, one base metal watch gilt with gold, value 4 l. one cornelian stone seal, set in gold, value 20 s. one agate stone seal, set in gold, value 10 s. one silk purse, value 1 d. and two guineas, and six shillings in monies, numbered, the property of the said James , Nov. 18th . ++

The Rev. James Trebeck . I was stopped in a chariot in Uxbridge road, between Ealing and Hanwill , between eight and nine in the evening, on the 18th of November last, by two men; they stopped the postilion, and one, I think, immediately went back to the footman behind, and then one came on each side and ordered us to put down our windows, and deliver our money; I gave them some silver out of my right hand pocket; they then demanded my purse; I gave them my purse; then they demanded my watch; I gave them that; it was a metal watch.

Q. Was Mrs. Trebeck in the carriage with you?

Trebeck. Yes.

Q. Did they present any pistols?

Trebeck. Yes, close to me.

Q. Have you any recollection of the men?

Trebeck. None at all; it was too dark for me to distinguish positively.

Mrs. Trebeck.

Court. Mr. Trebeck says, they took his money, watch, and purse; I will not ask you whether they took any thing from you, that is made the subject of another indictment; did you see their persons?

Trebeck. I cannot recollect them.

Patrick Madden . I am servant to Mr. Trebeck; I stood behind the chariot; two men came up and hollowed out to the driver to stop; then they robbed my master and mistress, but I could not distinguish their faces.

George Allam . The two prisoners stopt at a Smith's shop to have their pistols rectified; they said they had been robbed, one said of a gold watch, the other said of some money and a silver one.

Q. to Mr. Trebeck. You could not I suppose make any observations on their pistols?

Trebeck. No; one appeared to me to be very long.

Allam. We secured the prisoners upon suspision; we found a brace of pistols upon each.

Q. Did you find any purse or watch, or any thing of that sort ?

Allam. No.

Thomas Egger . They came to have their pistols repaired at a smith's; I am a constable of that parish; we took them before Justice Willis; and there Coster confessed that they had robbed a gentleman and lady in Uxbridge road, of a gold watch and another watch; he said he robbed them about three weeks, or a month before.

Q. When was it you took them up?

Egger. The 13th of December; he said he had left the watch at Mr. Elliot's; he said he had robbed them of some money besides; but I cannot say how much.

Gideon Elliot . I keep a public house; each of the prisoners left a watch with me; these are them (producing them.)

Mr. Trebeck. One of these is my watch; but the chain is not mine.

Mrs. Trebeck. The other is my watch, but it has not my chain to it.

Q. to Elliot. How long have you known the prisoners ?

Elliot. They came to my house on the 10th of December.

Q. Did you know who they are, or what they are?

Elliot. No.

Coster's Defence.

Justice Willis told me if I confessed such and such things, I should be set at liberty directly; I had read of such and such robberies in the papers, and confessed directly; but I am innocent of it.

Q. to Allam. Was there any promise made to Coster before the Justice, that he should be set at liberty if he confessed.

Allam. I did not hear any such thing; Mr. Willis said he would do all that lay in his power for them; he desired the other to confess; he said he would first, if he had an opportunity; and he confessed several robberies.

Q. What that he might be admitted a witness?

Allam. Yes.

Court. Then that ought not to be given in evidence against him.

Both guilty . Death .

159. (M.) JOHN COLLINS was indicted for stealing a brass cock, value 3 s. the property of Seymour Stocker , Dec. 27 . ||

Acquitted .

160. (2d. M.) ROBERT WAITE was indicted for stealing one canvas purse, value 1 d. four guineas and one shilling in monies, numbered , the property of Robert Hopkins , Jan. 16th . ++

Acquitted .

161. (2d. M.) ROBERT LEWIS , was indicted for stealing a wooden drawer, value 6 d. 240 halfpence, a half guinea, a quarter of a guinea, and nine shillings in money, numbered , the property of William Edwards , Jan. 5th . ||

Acquitted .

162. (M.) ELIZABETH SMITH was indicted for stealing a white linen handkerchief, value 2 s. a silk gown sleeve, value 2 d. two yards of striped muslin, value 1 d. the property of Celia Larkin , spinster , three muslin aprons, value 3 s. two muslin handkerchiefs, value 1 s. one linen handkerchief, value 6 d. and one yard of lace, value 2 s. the property of Frances Larkin , and Celia Larkin , spinsters, Dec. 19th . ++

Celia Larkin . I live in Queen-street, Cavendish-square : on the 21st of December I went into Mary-le-bone; when I returned, I saw the house in great confusion, and missed the things; I went by accident to one Mrs. Knot's, that washes for us, and told her I had lost these things; upon which she said she had them, and that she received them of Thomas Sanderson , and produced all the things mentioned in the indictment, except the two yards of striped muslin.

Thomas Sanderson . The prisoner came to our house and desired to leave a bundle of things; when my wife came home she opened them, and said they were suspicious things, and she was afraid they were stolen; I heard something of Mrs. Knot's being blamed, and went and delivered the things to her. (The things produced and deposed to by the prosecutrixes).

Prisoner's Defence.

I was recommended to these ladies as a servant ; I found they kept a disorderly house; I gave them warning, and when I went away I desired them to search my box; they did, and found nothing but what was my own; what they have charged me with, I am innocent of.

Guilty . B .

163. (M.) NICHOLAS RIGBY was indicted for stealing one hat laced with silver, value 5 s. the property of Joshua Rowley , gent . Jan. 13th .

Caleb Cock . I am servant to Capt . Rowley: on Thursday afternoon, coming by the area gate, I saw the prisoner take the hat out of the hall, the hall door was open; I pursued him, and he was taken immediately; he had the hat in his hand, it was a livery hat. (The hat produced and deposed to).

The prisoner said nothing in his defence.

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

164. (2d. M.) ELANOR NOWLAND , spinster , was indicted for stealing one pair of worsted stockings, value 2 s. one black silk cloak, value 3 s. and one yard of muslin, value 2 s. the property of Samuel Carson , December 28th . ||

Samuel Carson . I live in Baldwin's Gardens, Gray's-Inn Lane , and am a dealer in stockings and linen . While the shop was sitting up the goods lay in a different room of the house. On the 23d of December my wife missed a piece of muslin and a cloak; I missed four pair of stockings: the prisoner lodged in a garret in the house, and I suspected her; I got a search warrant and searched her room, but did not find any of my goods. I went to one Clarke, a pawnbroker over the way, and found a pair of my stockings pawned by the prisoner; upon this I took her up and she was sent to Bridewell: my wife and I went to Bridewell to her, there she confessed to two pair of stockings, and the cloak and muslin, and gave me the duplicate to get them out of pawn; I got the cloak and muslin but could not hear of the other pair of stockings. (One pair of stockings and the muslin produced and deposed to.) The muslin was found at one Mr. Carnaby's, a pawn-broker, the corner of Featherstone Buildings.

Mary Carson . The cloak and muslin found at Mr. Carnaby's are my property.

Joseph Clark . I am a pawnbroker; I took in this pair of stockings of the prisoner the 27th of December; she pawned them in the name of Ann Sharrard .

George Carnaby. I took in the cloak and muslin of a woman that resembles the prisoner; I cannot tell whether it was her or not; they were pawned in the name of Miss Simpson; I gave a duplicate to the person that brought it.

Prisoner's Defence.

I asked Mrs. Carson to lend me eight or nine shillings, she could not she said lend it me, but she gave me the cloak, muslin, and two pair of stockings, to raise money upon,

Mrs. Carson. It is totally false.

Guilty . T .

165. (L.) JOHN ROBINSON was indicted for stealing an iron jagged holdfast, value 3 d. and an iron padlock, value 3 d. the property of the president, governors, and treasurers, of Bridewell Hospital ; an iron hand saw, value 5 s. the property of Timothy Horseman , an iron hand saw, value 2 s an iron tenant saw, value 2 s. and a smoothing plane, value 1 s. the property of Richard Hughes , December 31 , ++

Thomas Holt . I am a beadle of Bridewell Hospital . On the 31st of December, between twelve and one, I saw the prisoner come out of the building with three saws under his coat; I stopt him; he said he was going to sharpen them; I sent the servant to call the workmen from a public house where they were; in the mean time he confessed he stole them: as we were talking of carrying him before the Justice, my fellow servant saw the jagged holdfast and padlock in his pocket.

Hughes and Horseman claimed the saws and had them.

Horseman and Hughes deposed that the saws found on the prisoner were their property.

Prisoner's Defence.

Necessity drove me to it; I am sixty-two years of age; I am to be sure guilty; my eye sight is so bad that I cannot work at my business.

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

166 (M.) JOHN BROTHERTON was indicted for breaking and entering the dwelling house of Charles Gibson and John Gisborne on the 7th of December , about the hour of twelve in the night, and stealing two silver table spoons, value 20 s. and two pewter spoons, value 2 d. the property of Charles Gibson ; three half guineas, two quarter guineas, and ten shillings in monies, numbered, the property of the said Charles and John, in their dwelling house . ++

Acquitted .

167 (2d M.) CATHARINE COLE was indicted for stealing one pair of womens stuff shoes, value 2 s. the property of Henry Filts , October 30th .

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

Acquitted .

168 (L.) JOHN NORTON was indicted for stealing seven wooden flutes, called German flutes, value 3 l. 10 s. the property of James Longman and Charles Lukey , January 1st, 1772 . ||

James Longman . In the year 1772 I lived in St. Paul's Church-yard , while my present house in Cheapside was rebuilding. I keep a musick shop , and sell musical instruments . I lost a great quantity of instruments to the amount of 3 or 400 l. About three weeks ago, coming thro' Turnstile, I saw some flutes to sell: I went in to enquire the price, and, upon looking at them, I knew them to be my own. He said he bought them of a person who answered to the description of the prisoner; upon this the prisoner was taken up, and he and this man were taken before Sir John Fielding , there the prisoner confessed to his taking the flutes. I am sure these flutes (producing seven) are mine; three of them were left me by a friend and relation at his decease; they have several joints, what we call spare joints, to take on and off. The flutes were taken away and the spare joints left behind; I have tried and fitted them, and am absolutely certain they are my property.

James Wheeler . I keep a flute shop in High-Holborn; These flutes had been in my custody two or three years; I bought them of the prisoner; the prisoner said he dealt in flutes. I gave two shillings for the plain flutes, and five shillings for the other; I am positive to the prisoner; I know him by the sear in his cheek, and by having frequently dealt with him.

Prisoner's Defence.

I know nothing of the matter.

For the Prisoner.

Robert Worland . I am an instrument-maker, but I do not make flutes: it is impossible in my judgment, for any man to swear to a flute without some private mark upon it.

Prosecutor. I think he is mistaken.

The prisoner called three witnesses to his character.

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

169. (M.) JAMES GULLAHAR was indicted for stealing a cotton handkerchief, value 10 d. the property of William Robinson , December 16th ~

William Robinson . On the 16th of December, about six in the evening, as I was walking along, I caught the prisoner with my handkerchief in his hand.

Prisoner's Defence.

I am innocent of the charge.

Guilty . T .

170 (2d. M). WILLIAM CHILD was indicted for stealing four pair of silver shoe buckles, value 30 s. the property of William Bird , December 14th . ||

William Bird . I am a hardwareman and silver-smith in the Strand . On Tuesday the 14th of December, about six in the evening, the window of my shop was broke; I was in the back room; one of my apprentices ran out, and I followed: when I came to the street, between Temple Bar and Butcher Row, I met with my apprentice and the prisoner; I took the prisoner home and sent for a constable, while he was gone for one, as I was searching him a large piece of cotton fell out of the bosom of his shirt: I missed four pair of buckles at that time. The method is to put the buckles upon the cotton in the show glasses; the cotton was gone with the buckles; I saw them there a quarter of an hour before; besides there was one odd buckle snatched at the same time, and not carried of, but dropped under the window. When the constable came I had him searched: he denied doing any thing of this kind himself, but said he saw another person do it.

Walter Baddely . I was in the shop at the time the window was broke; I saw the buckles there just at that instant. I was cleaning a plated pair of spurs and did not see the window broke myself, but the moment I heard the noise I turned round and saw the prisoner with his hand in at the window taking the buckles in his grasp. I am very positive the prisoner is the man. I ran round the counter, and immediately pursued him, and searched him: I am positive to his person, there being three candles to the window; I could be quite positive to his features. The moment I opened the door to pursue him I heard a piece of glass gingle the way the prisoner ran off, when I came up with him he said, I saw the man take them, I am not the person that took them! I said nothing till my master came up, then I said that is the man. My master collared him, and brought him back into the shop. I went for the constable.

John Green, another apprentice, swore positively to the person of the prisoner.

Prisoner's Defence.

I did not take them.

He called three witnesses who gave him a good character, who said he was a gilder by trade and worked for his living.

Prisoner. I had cotton and small brushes which we use in our business in my pocket.

Prosecutor. In the shop, he denied the cotton being his property, or belonging to him.

Guilty , T .

171. (M.) THOMAS COUSENS was indicted for the wilful murder of Duke William Oulds , Nov. 19 .

He likewise stood charged on the coroner's inquisition for feloniously killing and slaying the said Duke William Oulds . *

It appearing upon the evidence that the wound the prisoner gave the deceased was entirely accidental he was

Acquitted .

172. (M.) WILLIAM BRYANT was indicted for the wilful murder of Patrick Lynch , Jan. 19th . *

Margaret Lynch , the widow of the deceased deposed,

"that her husband and she lodged in

"the prisoner's house; that he came into their

"apartments and drank with them; that then

"the prisoner began to quarrel with them, upon

"which the deceased took him by the

"shoulders and turned him out of his room;

"that then he stood outside the door abusing

"the deceased, who upon opening the door

"was struck by the prisoner; that then they

"both scuffled together down the stairs into the

"prisoner's room; that then the witness followed

"them, and saw them struggling together

"on the floor, and clawing one another;

"that a Mr. Taylor parted them; that then

"the deceased got a stick and challenged the

"prisoner to fight him; that her husband mistook

"Taylor for the prisoner, and struck

"him with the stick; that then the prisoner

"struck her husband with a hair broom, and

"gave him a wound on the head, which was

"the cause of his death."

Jane Taylor deposed,

"that she saw her husband

"part the prisoner and the deceased when

"they were struggling on the ground together;

"that them Bryant undressed himself in order to

"go to bed, and when he had taken off all his

"clothes but his shirt and breeches, the deceased

"came down stairs, and insisted upon

"his coming out to give him satisfaction; that

"her husband opened the door, and the deceased

"aimed a blow at the prisoner, but

"missing him, immediately struck Taylor with

"a stick, and cut him so that he bled very

"much; that then the prisoner struck the deceased

"on the head with a hair broom."

Catherine Blinkley deposed,

"that she sat up

"with the deceased, who told her the same

"story respecting the manner in which he received

"the wound, as had been given in evidence

"now by his widow."

Mr. John Gilson , a surgeon, deposed,

"that

"he attended the deceased, and was of opinion

"that the wound given by the prisoner was the

"cause of his death."

Prisoner's Defence.

The witnesses have given a true account of the matter: I did not intend to do him any injury.

Guilty of Manslaughter . B .

173. (L.) JOHN BUND was indicted for stealing an iron hammer, value 6 d. nine iron chissels, value 6 s. and six iron punches, value 2 s. the property of Jarvis Whitehead , Dec. 18 . ~

Jarvis Whitehead . I am a smith in Lothbury : the prisoner worked for me: I was informed there was something heavy in his coat pocket that was hanging up in the shop. I sent him for a pint of beer, and searched his pocket, and found a large punch: I let it alone till next night, and then I paid him his wages and took him into custody. I took him to the Compter, and charged him with robbing me; he denied it; but, on mentioning the punch I found in his pocket, he confessed he took it, and begged pardon; we searched his lodgings and found the rest of the things.

Alexander Melvil , a constable for the city, confirmed the evidence of the former witness.

The prisoner in his defence denied the charge.

He called one witness who gave him a good character.

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

174. (M.) WILLIAM WAINE was indicted for stealing 25 lb. wt. of gingerbread, value 5 s. the property of George Pargiter , Dec 16th . ~

George Pargiter . I am a ginger-bread baker in Bishopsgate-street : I lost twenty-five pounds of ginger-bread out of the window. About nine or ten days after I had missed it, I was sent for to Sir John Fielding 's, and the prisoner and two cakes of ginger-bread were produced.

- Chapman. The prisoner was taken up and brought before Justice Wilmot. I went to search his lodging and found this ginger-bread. (The ginger-bread produced and deposed to.)

Prisoner's Defence.

I never saw the ginger-bread till I saw it before the Justice.

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

175. (L.) THOMAS HANBY was indicted for stealing three pewter quart pots, value 5 s. the property of James Eastlander , Jan. 14th . ~

James Eastlander . I am a publican in Cow-lane . On the 14th of January the prisoner was stopped by a watchman with some pots, which proved to be mine.

- Etherton. I am a watchman. At half after eleven o'clock. last Friday, I stopped the prisoner with the pots; when I laid hold of him, there was one pot in his hand and two down by him on the ground; I took them to the watch-house, and saw the name of Eastlander on two of them. (The pots produced and deposed to.).

Prisoner's Defence.

Going along I saw a man that lives over the water; he desired me to take care of these pots for him while he made water; the watchman came and laid hold of me, and took > me to the watch-house.

Guilty . T .

176. (2d M.) CORNELIUS MACLOCKLAN was indicted for stealing one show glass, value 8 s. nine pair of metal buckles, value 3 s. three snuff boxes, value 4 d. one tobacco box, value 3 d. eight clasp knives, value 18 d. three pair of scissars, value 6 d. three pair of garters, value 3 d. three tea spoons, value 1 d. thirty-seven pair of sleeve buttons, value 3 s. six thimbles, value 3 d. three pair of knee buckles, value 6 d. and four pencils, value 3 d. the property of James Bartlet , Dec. 31st . ++

James Bartlet . I am a journeyman wheelwright ; my wife keeps a shop : I was out on my business; on coming home, I found my wife in tears; she said the show glass had been taken with all the goods it contained; it was kept out upon the window for sale in the day time, and taken in at night. I desired Richard Poole to go with me to search a person that we suspected of having took it: we went to a public house, a place of suspicious resort. I found no person there; I was directed by the landlord of that house to another house; I went to that house, and there upon intimation of the landlord the prisoner was pointed out as a suspicious person. Poole stopt the prisoner and brought him into the room, opened his apron, and in it found precisely all the things contained in the show glass, and nothing else. I endeavoured afterwards by the assistance of the landlord to get out of some other lads what was become of the show glass.

Richard Poole confirmed this evidence.

Prisoner's Defence.

I found all these things not long before on Tower-hill wrapped up in a white apron.

Poole. The apron was tied round him.

Prisoner. The prosecutor himself actually did find out the real person that took these things, compounded with him, and would not prosecute him.

Guilty . T .

177. (L.) SAMUEL HARRIS was indicted for stealing six ounces of sewing silk, value 6 s. the property of Thomas Bendy .

Thomas Bendy . I am a haberdasher at Aldgate : on the 18th of December the prisoner came into my shop to buy a skain of silk, and a skain of mohairs: I came into the shop time enough to receive the money; my servant said he thought he had concealed some silk; he charged him with it, and searched him in my presence, and found the silk upon him: it was in the inside pocket. (The silk produced and deposed to).

Henry Wood , servant to Mr. Bendy, confirmed his evidence.

Prisoner's Defence.

I went to the shop to buy some trimmings; I was in a great hurry; the bundle of silk and twist lay wrapped up in a paper, about the size of mine; I took it up and put it in my pocket in a mistake; I went out of doors, and he ran after me, and charged a constable with me.

Wood. It was in the wrapper, and not in a paper at all, they were loose in his pocket.

He called five witnesses who gave him a good character.

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

178. (M.) ANN SMITH was indicted for stealing a scarlet cardinal, value 4 s. a cotton bed gown, value 2 s. a check apron, value 1 s. a long lawn apron, value 1 s. a linen shirt, value 3 s. a bible, value 6 d. a flat iron, value 3 d. and a napkin, value 6 d. the property of Mary Mara , widow , Jan. 4th . ++

Mary Mara . I am a widow; I lost all the things mentioned in the indictment out of a drawer by my bed side on Friday night; the prisoner lodged in the house; when I got up in the morning I missed them; and the prisoner was gone; I never saw her from that time till she was taken up.

(The different articles mentioned in the indictment were produced by several pawnbrokers, who said they received them of the prisoner; the things were deposed to by the prosecutrix).

Prisoner's Defence.

She offered to pardon me, if I would confess.

Guilty . T .

179. (M.) JUDITH HARRISON was indicted for stealing one black silk cloak, value 5 s. and one linen gown, value 4 s. the property of James Dawson , Dec. 27th . ++

James Dawson . I keep a sale shop in Monmouth-street ; the prisoner had been in my shop; as soon as she was gone, I missed a gown; about a fortnight after, she came into the shop again; suspecting her, I saw her take the cloak and put it under her arm, and then I saw her convey it into her pocket; she went out of the shop; I followed her to a public house; I questioned her; she denied having any; I brought her back into the shop, and she was searched, and the cloak was found upon her.

Mrs. Dawson. A linen gown was missed; when the prisoner was searched a duplicate was found upon her, which led us to the pawnbroker where it was pawned.

- Huckling. I am a pawnbroker: I do not know who pawned this gown.

Mary Gofton was in the shop and confirms the evidence of James Dawson .

The prisoner said nothing in her defence.

Guilty . T .

180. (L.) RICHARD FROST was indicted for stealing 14 lb. wt. of pork, called ham, value 9 s. the property of Daniel Hutchinson , Dec. 15th . ~

Daniel Hutchinson . I live in Nicholas-lane, Cannon-street : I am a dealer in hams and tongues ; the prisoner was a servant of mine; I found a box in the cellar; I suspected there was more in it than should be; it was locked; with the help of a hatchet I got the box open so far as to see there was a ham in it. In the morning I took all my men servants, the prisoner among them, into the cellar, and asked whose box it was; the prisoner said it was his; I asked him what was in it; he said nothing but his own property; I desired him to open it; he said the key was at his brother's, and swore nobody should open it; he brought the box, into the shop and attempted to run out of doors with it; I prevented him; I opened the box and found the ham in it. I sent for a constable and gave charge of him.

John Southwell . I am a constable; I was charged with the prisoner the 14th of December; the prisoner said he was chopping wood in the cellar, and because he would not make a noise to disturb his master, he chopped it on the ham; that by accident he chopped off the knuckle, and put it in the box for fear his master should see it, till he could find an opportunity to tell his mistress, and get her to reconcile the matter.

Robert Barnet , servant to Mr. Hutchinson, deposed, that he knew the ham to be his master's by the mark; that be marked it with an X and a V which was the weight of it.

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

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

Of the prisoners capitally convicted last sessions, Robert Johnston was executed at Tyburn on Wednesday the 19th of January, and Robert Leigh on Thursday the 27th.

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

Received Sentence of Death, 11.

Thomas Murrell alias Cliff, Dennis Currin , Alice Walker , John Osborn , alias Hobson, William Frankland , Thomas Hurcan , alias Hurkam, Robert Simmonds , James Bishop , Joshua Coster , Peeling Herne, and James Banning .

Transportation for seven years, 30.

Andrew Narey , Mary Fox , Robert Foler , John Norton , James Gullaker , William Browne , Thomas Hanby , Jane Davis , Thomas Horton , William Sheen , John Trusty , John Butcher , John Cook , James Barret , Sarah Wade , Eleanor Nowland , William Childs , William Archer , John Mattocks , James Griffiths , Cornelins Maclacklan, Judith Harrison , Ann Smith , Ann Bennet , William Dale , Samuel Bodden , Henry Smith , Thomas Bright , John Lee , and Nicholas Rigby .

Whipped, 10.

Thomas Yates , Mary Wilson , John Robinson , John Bund , William Waine , Samuel Harris , Richard Frost , Henry Parsons , Ann Scully , and Rebecca Bedwell .

Branded 2.

William Bryant , and Elizabeth Smith .

Of the prisoners capitally convicted last sessions, Robert Johnston was executed at Tyburn on Wednesday the 19th of January, and Robert Leigh on Thursday the 27th.

JOSEPH GURNEY , WRITER of these PROCEEDINGS, 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 he had, the eighth Edition of BRACHYGRAPHY or SHORT WRITING, Made easy to the meanest Capacity, Price bound 8 s.

*** The Book may likewise be had of his sister MARTHA GURNEY , Bookseller, No. 34; Bell-yard, Temple-bar, where may he 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, 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 he had, the eighth Edition of BRACHYGRAPHY or SHORT WRITING, Made easy to the meanest Capacity, Price bound 8 s.

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