Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 28 July 2014), May 1774 (17740518).

Old Bailey Proceedings, 18th May 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 18th, Thursday the 19th, Friday the 20th, Saturday the 21st, and Monday the 23d of MAY, 1774.

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

Taken down in SHORT-HAND by JOSEPH GURNEY .

NUMBER V. PART I.

LONDON:

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

[PRICE SIX-PENCE.]

THE PROCEEDINGS ON THE

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

BEFORE the Right Honourable FREDERICK BULL , Lord Mayor of the City of London; the Honourable Sir RICHARD ASTON , Knt. one of the Justices of his Majesty's Court of King's Bench *; the Honourable Sir JAMES EYER , Knt. one of the Barons of his Majesty's Court of Exchequer +; 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.) London Jury.

(M.) First Middlesex Jury.

(2d M.) Second Middlesex Jury.

First London Jury

Charles Birkhead

William Fleming

Michael Heathcote

John Badger

Stephen Reynolds

Thomas Miller

Robert Skelton

Daniel Phillips

Thomas Hooper

Joseph Dew

Humphrey Jones

Alexander Kennedy

First Middlesex Jury.

Avery Vokins

Owen Hudson

William Underwood

John Poole

John Gardner

Peter Catman

John Affleck

John Goldsmith

William Jones

John Hawter

Joseph Grieve

Robert Thornton

William Bain and John Whittaker served part of the time in the stead of John Gardner and Robert Thornton .

Second Middlesex Jury.

Joseph Ashmore

Henry Doughty

Richard Laiton

William Poole

Christopher Hawkes

Thomas Lambe

John Burgess

Richard Godfrey

John Morrison

John White

John Musgrave

Ignatius Jordan

William Allen , Morris Marsault , George Boyfield and James Phillips served part of the time in the stead of Richard Laiton , Henry Doughty and Richard Godfrey .

358, 359. (M.) MARGARET DYER and ANN KELLY were indicted for that they in the king's highway in and upon William Blundell did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a mahogany tip-staff mounted with silver, value 10 s. a leather pocket book, value 6 d. a silk handkerchief, value 6 d. a pair of leather gloves, value 6 d. and fourteen shillings in money, numbered, the property of the said William , Feb. 21st .

Second Count for stealing a silver watch, value 50 s. a steel watch chain, value 1 s. a base metal seal, value 2 d. and a base metal key, value 1 d. a base metal watch with a tortoiseshell case, value 40 s. a steel chain, value 1 s. a cornelian seal, value 1 s. a base metal key, value 4 d. and two clasp knives, value 6 d. the property of the said William, in the dwelling house of Ann Macormack , spinster, Feb. 21st. +

William Blundell . I keep a publick house in the Borough: on the 21st of February, about half past ten o'clock at night, going up Salt Petre Bank , I was stopped by the prisoners and two more who were tried last sessions.

Q. Did you know them?

Blundell. Yes, I knew them before they came out; of the two prisoners, one caught me round my neck, and the other held my arms; they rifled my pockets; I attempted to cry out, and they stopped my mouth; they took my pocket book, about fifteen shillings in silver, and a tip-staff I had in my pocket (I am an officer in the Marshalsea) a handkerchief and other things I had in my pocket: they swore sadly, and Dyer said she would cut my throat if I made a noise; in my struggling because I kept my hands fast they did cut me a-cross the fingers with a knife I suppose.

Q. A pin perhaps?

Blundell. No, it must be more than a pin; when they left me I catched hold of one, and said I had been robbed, and she was one of the persons; a man came up and bid me go about my business or it would be worse for me; I left them and went away; after they robbed me I followed them into a house, which I saw them all go into; after they had taken my things first in the street I followed them to be sure to know them, and I went into the house; they were people I knew when I lived five years in the neighbourhood; I thought I would be certain to the persons of them; I took hold of one that was tried last sessions that I was obliged to let go. When they were taken before Justice Sherwood, Peg Dyer wanted to be admitted an evidence; they were taken two or three days afterwards.

Q. Were they all taken together?

Blundell. No; first two were taken; then the other two, one over night the other next morning; Mr. Sherwood took her aside afterwards and said she was a principal concerned and he could not admit her an evidence; she said she would produce all my property if he would; he would not; then she swore a great oath that I never should have my property; Mr. Sherwood advised me to offer some little reward for my pocket book; I offered a guinea; it was brought home next day by a man that keeps one of these girls company; he was afterwards taken into custody and was discharged last sessions.

Q. This was pretty late at night?

Blundell. About half after ten.

Q. Are you sure these are the women?

Blundell. Yes.

Q. Salt-Petre-Bank acquaintance?

Blundell. I lived in business five years in East Smithfield, and knew these people backwards and forwards.

Q. What was your business there that night?

Blundell. I had been at Nightingale lane and other places at that time upon business.

Q. Do you deal in watches?

Blundell. No; I had one since I had been out; I had not put it out of my pocket.

Q. It is extraordinary you should have two watches in your pocket on Salt Petre Bank?

Blundell. I had not been home to put it out of my pocket.

Q. If you live in that neighbourhood how came you to think of following them into the house to be robbed again?

Blundell. I wanted to be sure that they were the people.

Q. When were these two women taken up?

Blundell. Two or three days since the last sessions; they were all taken up, but they were all four rescued out of the coach going through Rag Fair.

Q. In the day time?

Blundell. Yes.

Q. Then I fancy you was not much in earnest?

Blundell. I was not with them then, there was the keeper belonging to Clerkenwell Bridewell.

Court. Did you miss your things as soon as the women left you the first time?

Blundell. Yes, immediately, because I found them take it from me.

Q. Was you in liquor?

Blundell. No.

Q. Not at all?

Blundell. I had been drinking but was very sensible and knew every transaction that passed.

Dyer. Farrell came in with him into the house I was sitting in, and asked him if either of the women were there; he made answer and said, no; he took a lad out; the people said he was an apprentice; he said he was not one; they sat down and had a pint of beer; Farrell asked him again if any of the women were there; he said no, and both of us were there at that time.

Prosecutor. I told Farrell these were the women; he said never mind them, they are to be had at any time, it is the man we want first; we were afraid of taking the women lest the man would get away; I knew they were the women; the constable said let them alone, we can get them at any time.

Q. Can you swear you did not say they were not the women?

Blundell. I did not.

Dyer. He took Mary Jones and Ann Macormack .

Blundell. Yes, I took them first; they were taken separately.

Q. If you took Macormack and Jones why did not you take these people?

Blundell They were not present.

Q. Why did not you take these people as soon as you saw them, as well as Macormack and Jones?

Blundell It was Farrell's doing.

Court. It looks to me as if you was not quite sure of them.

Blundell. I cannot be mistaken, I knew them before.

Mary Knightly . Margaret Dyer said if the Justice would admit her an evidence she would produce the two watches and pocket book, the Justice did not chuse to make her an evidence; then she said she would destroy the pocket book and dash the two watches to pieces before his face; she said that before the Justice.

Q. But she did not do so?

Knightly. No.

Q. Where do you live?

Knightly. In East Smithfield.

Q. Near Salt Petre Bank?

Knightly. No; the prosecutor was next door neighbour to me three years; he has been moved about three quarters of a year.

Q. How came you to be at the Justice's, out of curiosity?

Knightly. No, I was there upon some other business.

The prisoners, in their defence, said they were not the women that robbed him, if he was robbed; that he saw them at a publick house two or three different times afterwards, and Farrell was with him; that he was asked publickly whether he knew either of them, and he said no, and that Farrell charged him with bringing him there on a foolish errand.

The prosecutor denied saying he did not know them, or that Farrell said any such thing.

Both guilty of stealing the goods, but not guilty of the robbery . T .

360. (L.) EDWARD ANDERSON was indicted for stealing a linen shirt, value 10 s. the property of Peter Dobree , April 29th . *

Thomas William Preston . On Friday the 29th of April I saw the prisoner and another man follow a gentleman by my door; as they passed my window I saw them stoop; I suspected they wanted to pick his pocket; I stepped out after them, and just by an empty house, the corner of Pudding-lane , I saw the prisoner take something white out of the gentleman's pocket, and put it under the breast of his coat; I laid hold of the prisoner, and he dropped this shirt (producing it); I desired a carman to go after the gentleman and stop him; he came back and said the shirt was his; I took the prisoner to the Compter, and the next day, before Mr. Alderman Wilkes, Mr. Dobree deposed the shirt was his property; Mr. Dobree is now gone out of the kingdom.

Prisoner's Defence.

As I was coming along Thames-street the witness laid hold of me and said I had robbed a gentleman; I did not know he was robbed.

For the prisoner.

Laurence Cheshire . I have known the prisoner about six years; he has lain several nights in my house; I never knew any dishonest thing by him in my life. I am a cutler: I have trusted him in my house and shop; I never heard any thing bad of him.

Deborah Anderson . I am the mother of the prisoner; I never knew any thing had of him; he was apprentice to a shagreen case maker ; he had served four years; his master failed; he has worked journey work since; I took a deal of pains with him and gave him a good education.

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

361. (M.) JOHN WILKINSON was indicted for stealing sixteen bushels of wheat, value 4 l. and four hempen sacks, value 2 s. the property of James Lyons , Dec. 24th . ++

Acquitted .

362. (M.) JOHN WARD was indicted for stealing a linen gown, value 3 s. two linen aprons, value 1 s. a linen shift, value 1 s. two linen handkerchiefs, value 2 d. the property of Ann Brockland , widow, Feb. 21st . ++

Ann Brockland . I lost the things mentioned in the indictment from my lodgings in Northampton-street, Clerkenwell ; I was not at home; I know nothing of the taking of the things; the constable has them.

Mary Southern . I live in Northampton-street, Wood's Close: the bricklayers were at work; I shut the window left it should be broke; I went to go up stairs; I saw the mark of a dirty foot on the stairs; I called to know who was there, and then a man came down with the things in a bag; I asked what he had got; he said soot; he looked like a chimney sweeper; I cannot swear to the man; Morris took the bag, and pulled out the things; I saw the gown taken out.

Robert Morris . I was in the house; I saw the prisoner come down the stairs; I am sure he is the man; I took the bag from him, and took the things out of the bag; I came at the call of the last witness. He said he would do so no more; I delivered the things to the constable.

Samuel Lee . I am the constable: I had the charge of the goods; (they are produced and deposed to by the prosecutor.)

Prisoner's Defence.

I met with a chimney-sweeper; he told me he had two chimneys to sweep; he took me up into a one-pair-of-stairs room where these things were taken from, and said he was going to sweep the chimney; his bag was there before; he was going to pull off his shoes; somebody cried out; he ran down stairs and bid me bring his bag after him to the next door; that he was going to sweep a chimney there; I took it up not knowing what was in it; he ran out of the door and I was stopped.

Guilty . T .

363. (L.) JOHN DODD was indicted for stealing a wooden firkin, value 2 d. and 56 lb. wt. of butter, value 20 s. the property of Edward Desante , May 12th . *

Acquitted .

364. (M.) WILLIAM HAWKE was indicted for that he in the king's highway, in and upon Thomas Croucher did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a base metal watch, value 20 s. the property of the said Thomas . July 28th . ++

Acquitted .

365. (2d M.) MARY STEVENS was indicted for stealing two linen sheets, value 2 s. the property of Jane Price , being in a lodging room let by the said Jane to the said Mary Stevens , April 21st . +

Acquitted .

366, 367. (2d M.) JOHN MECUM and HENRY NEWLAND were indicted for stealing a brown cloth coat, value 5 s. a brown cloth waistcoat, value 2 s. a pair of white cloth breeches, value 1 s. a pair of thread stockings, value 6 d. a pair of men's shoes, value 1 s. and a silk handkerchief, value 4 d. the property of Colin Bruce , April 7th . +

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

Colin Bruce . I met the prisoners on Tower-hill last Saturday was week.

Q. Which did you meet?

Bruce. Newland; he asked how do you do, ship-mate? I said thank you; he said he was a mate of a ship, and if I would go to a public house and have a pot of beer, he would talk to me about it; I said with all my heart; we went to the Queen's Head in King-street, Tower-hill ; there was Mecum and another; they began tossing up, and talked of wagering twenty guineas against my clothes, but I would not have any thing to do with it; then Mecum took up my clothes and went away with them; I got up to go after him; Newland would not let me; he said he was only at the door, and would be back again; but he went quite off with the clothes.

Q. Did you ever find your clothes again?

Bruce. No.

Q. Are you sure you did not toss up at all?

Bruce. Yes; I told them I would have nothing to do with them. My bundle contained the things mentioned in the indictment (repeating them); I told the landlord they had robbed me; he threatned if I made a disturbance to send for a constable and send me to gaol. I got hold of a piece of the money they called guineas; it is a counterfeit.

Robert Andrews . I live in King-street, Tower-hill, the Queen's Head; I remember the two prisoners and the prosecutor being at my house on the 7th of May; the prosecutor had a handkerchief when he came in; they were in the kitchen; there was nobody there but the prisoners, the prosecutor, and another; after the men were gone, the prosecutor said, landlord, the man has gone away with my clothes; I asked what man; he said the man that was gone away; he had been gone some time.

Q. Which of the men was it that was gone out?

Andrews. Mecum. The prisoners had been in the house that day before; there was a man standing by him; I asked him if he was concerned in taking the clothes.

Q. Did you threaten the prosecutor that if be made any disturbance you would send him to gaol?

Andrews. He said he had lost the clothes at gaming; he said they laid twenty pounds against his clothes, that they named a halfpenny three times out of four; I said if I had known as how they had been gaming, I would have sent for an officer, and sent them to the Compter.

Q. to Bruce. Do you hear what this man says, is it true?

Bruce. Not at all.

Q. Did you understand he had been gaming with them, or they gaming among themselves?

Andrews. He said he lost his clothes by gaming and they ran away with them afterwards.

James Bruce . I am brother to the prosecutor: I live with Sir Thomas Sewell ; my brother complained to me he had lost his clothes; I went with him to the landlord to talk about it; I met with the two prisoners and we secured them.

Mecum's Defence.

I went with this man to Tower-hill; we went into a public house, and there we met with Bruce; Bruce and I tossed up for a pint of beer; then Bruce said he would not toss up for any more beer, he would bet his clothes against some money; I betted twenty guineas against his clothes, and won them; when I had won them I asked him if I should have them, and he gave them to me, and said they were mine, I had won them; the bundle was not opened; he said they were worth twenty guineas.

Newland's Defence.

I met the prisoner on Tower-hill; I thought he was an old ship-mate of mine; when I found my mistake I asked him to have part of a pint of beer; we went into the Queen's Head; there was Mecum and another in the box tossing up for a pint of beer; Bruce was drawn in to toss for another pint; after this they ageed to toss for the clothes against a sum of money; I have forgot the sum. He owned before two proper witnesses of the Surry militia that he had won the clothes. I know nothing of the gaming, or gambling, or correspondence one way or other: I am a baker, and am in the Surry militia.

Newland called two witnesses to his character

Both Guilty . T .

368, 369. (L.) GEORGE MORLEY and RICHARD HANDBY were indicted for stealing a silk handkerchief, value 10 d. the property of Alexander Anderson , May 13th . ~

Alexander Anderson . As I was crossing Bank-street , by the Sun Fire Office, to go to the Exchange, a person called after me; I stopped and saw he had hold of a boy and a man; he asked me if I had lost any thing; I put my hand in my pocket, and said I had lost my handkerchief; he said he saw the boy pick my pocket, and threw the handkerchief down the area of the Sun Fire Office; I went to the area and saw it there; a coachman got it up with his whip, and it was delivered to the constable; it is marked with the initials of my name, and number 10.

John Duncastle . I am a constable; on the 13th of this month, about three in the afternoon, coming out of the Old Change, I saw the prisoners picking pockets in Cheapside; knowing the biggest to be very notorious, I followed them, and watched them half an hour; I saw them attempt several gentlemen's pockets; I watched them till they came to the end of Queen-street; there they both stopped about five minutes; I crossed the way and stood opposite to them; the prosecutor came by the end of Queen-street, and crossed the way to St. Mildred's church, in the Poultry, and they followed him to the back of the Sun Fire Office, opposite the Bank; there I saw Morley put his hand in the gentleman's pocket; he had attempted it several times; he took the handkerchief out of his pocket, and put it under the right hand side of his coat; I ran up to him, catched him fast by the collar, and called to the gentleman; I borrowed a coachman's whip and took the handkerchief out of the area myself. (The handkerchief produced and deposed to.)

Morley's Defence.

I know nothing of it, no more than the child unborn.

Handby's Defence.

I was going of an errand for my master, Mr. Crouch, who keeps the Coach and Horses; I did not see the lad do any thing till the man laid hold of me; I know nothing of it.

Hanby called one witness to his character.

Both guilty . T .

370. (2d M.) ELEANOR CONNERLY was indicted for stealing a guinea, two half guineas, and thirteen shillings in money, numbered, the property of Robert Arder , in the dwelling house of Mary Cooper , widow, May 7th . +

Robert Arder . I am a sailor : last Saturday was a week, going down East-Smithfield , a little in liquor, a woman asked me to go into a house with her; I went in with her; she had me up stairs.

Q. Do you know whose house it was?

Arder. No, I was quite a stranger; I went up stairs with her; we had some bread and cheese, and then she asked me to lie with her; I said, as I was a little in liquor, I did not care if I did; she asked me what I would give her; I gave her a shilling or two; I was going into bed with my breeches on; she desired me to pull them off; when I had pulled them off, another woman came in, took up my breeches, and ran down stairs with them; I ran down stairs after her, and she left the breeches at the door; I took them up but missed my money; two men came to know what was the matter; I told them I had been robbed of my money; they pursued the prisoner and brought her back; I know her to be the woman that took up my breeches; she was taken before a Justice and searched, and the money dropped from under her arm, wrapped up in a bit of rag; there was a guinea, two half guineas, and twelve or thirteen shillings; that was the money I missed out of my breeches.

John Dickson . I am servant to Mr. Hall, the governor of Clerkenwell Bridewell; I searched the prisoner before the Justice, and found one guinea, two half guineas, and thirteen shillings, tied up in a piece of a silk handkerchief under her arm; I laid down the money, and the prosecutor said he positively knew one of the half guineas: it was very light.

Prosecutor. One of the half guineas is not much bigger than a 5 s. 3 d. I can swear positively to it.

Prisoner's Defence.

I never saw the man in my life till he charged the constable with me: I had the money sent to me from my friends.

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

371. (2d M.) JANE GRAY, otherwise GRAVES , was indicted for stealing two yards of muslin, value 3 s. a child's linen shift, value 6 d. a linen pillow bier, value 4 d. and a garnet necklace, value 1 s. the property of Francis Clark , April 11th . ++

Isabella Clark . I keep a chandler's shop in Milk-alley, Dean-street, Soho ; the prisoner was my servant ; not being able to make up my payments as usual; my husband suspected she was not honest, and desired me to take notice: on the 11th of April my husband insisted on her being searched; she said she had nothing about her, nor in her box, but what was her own; my husband saw her open her box, and put the silk in her pocket that was found upon her, and the other things in her box; I am sure they are my property.

- Lloyd. Mr. Clark called me into the shop while he examined the prisoner's box; I saw him take the muslin out of her pocket, and the shirt and pillow bier out of the box.

Prisoner's Defence.

Mrs. Clark gave me the muslin; I never had the other things in my box.

Mrs. Clark. I did give her a piece of muslin, but not that.

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

Guilty . T .

372, 373, 374. (2d M.) ALEXANDER CAMPBELL , WILLIAM TINGEY , and MATTHEW LONSDALE were indicted for stealing 10 lb. wt. of indigo, value 40 s. and four skins, value 12 s. the property of James Mather , Esq ; April 12th . *

All three acquitted .

375. 376. (M.) WILLIAM GUNSTON and EDWARD HATFIELD were indicted for stealing a copper, value 1 s. a looking glass in a wooden frame, value 5 s. and a quart glass bottle filled with pepper mint water, value 4 d. the property of Simon Jones , Feb. 28th . ++

Both acquitted .

377. (M.) JEREMIAH BURN was indicted for breaking and entering the dwelling house of Mary Cort , widow, on the 3d of March , about the hour of eight in the night, and stealing two muslin neckcloths, value 2 s. a child's dimity petticoat, value 1 s. two linen tea cloths, value 2 d. and a damask napkin, value 6 d. the property of the said Mary, in her dwelling house . ++

Mary Cort . I keep a shop : I took the prisoner in the back yard, and near him were the things mentioned in the indictment, and which I am sure must have been taken out of the basket that lay in the shop; I had seen them there about half an hour before.

A Witness. I was called in by the prosecutrix, and took the boy with the bundle of linen lying by him. (The bundle produced, containing the things mentioned in the indictment, which were deposed to by the prosecutrix.)

Prisoner's Defence.

I am but thirteen years old.

He called one witness to his character.

Guilty . T .

378. (2d M.) SARAH WILSON was indicted for stealing a pair of linen sheets, value 4 s. and a tea-kettle, value 1 s. the property of Stephen Welch , in his ready furnished lodging , against the statute, April 3d . *

Acquitted .

379. (2d M.) JANE, the wife of Thomas WILLIAMS , was indicted for stealing seven yards of silk, value 30 s. seven yards of silk and stuff, value 16 s. two yards and three-quarters of black sattin, value 16 s. five yards and three-quarters of silk mode, value 14 s. seven yards of thread lace, value 4 s. four yards of linen cloth, value 4 s. one woollen cloak trimmed with ermine, value 16 s. and one quilted stuff petticoat, value 20 s. the property of Ebenezer Braithwaite , Nov. 4th . +

Acquitted .

(2d M.) JANE, the wife of Thomas WILLIAMS , was a second time indicted for stealing 73 yards of linen cloth, value 8 l. 17 s. 6 d. two remnants of printed linen, value 9 s. and three yards of bordered quilting, value 18 s. the property of Owen Owen and Peter Foot , Jan. 28 . +

Michael Hughes . I live with Mess. Owen and Foot, who are linen draper s. On the 28th of January the prisoner came to our shop, and bought goods to the amount of 10 l. 18 s. 2 d. and begged they might be sent to Mr. Goslin's, a stay-maker, in Leigh-street, Red Lion-square, in the course of half an hour, and the money would be paid for them immediately; this was about four o'clock; I took the goods there in the dusk of the evening; when I knocked at the door the prisoner opened it, and took me into a back parlour, lighted a candle, and desired me to sit down, and said she would just take the goods up stairs and shew them to her husband, and bring the money immediately; but instead of going up stairs, she ran out at the street door, and I never saw her any more till I apprehended her: about half an hour after this she sent us a letter, directing us to her husband, in Bear-street, Oxford-road; that we need not be uneasy, for the money might be obtained directly by applying to him, or we might arrest him; I went to the husband; he would not pay it; he said he had then a cause depending in Westminster-hall about it; when she was taken she told me where she had sold some of the things. I sold the things to her mentioned in the indictment (repeating them).

Prisoner's Defence.

It is a designed thing in my husband; he has used me very ill, and turned me out of doors with two children; I was obliged to do it or starve.

The prisoner called four witnesses, who gave her a good character.

Guilty . T .

380. (M.) THOMAS MARSHALL was indicted for stealing 80 lb. wt. of lead, value 8 s. the property of William Adamson , fixed to a certain building used with his dwelling house , against the statute, April 8th . ++

Acquitted .

(M.) THOMAS MARSHALL was a second time indicted for stealing 2000 lb. wt. of lead, value 10 l. the property of William Lancashire , fixed to his building , against the statute, April 8th . ++

Acquitted .

(M.) THOMAS MARSHALL was a third time indicted for stealing 100 lb. wt. of lead, value 10 s. the property of George Arnold , fixed to a certain building used with his dwelling house , against the statute, April 8th . ++

Acquitted .

381. (2d M.) WILLIAM JONES was indicted for breaking and entering the dwelling house of John Holmes , on the 4th of May , about the hour of five in the afternoon ( Mary Johnson being therein) and stealing a pair of linen sheets, value 10 s. the property of John Holmes , two cloth coats, value 20 s. a nankeen waistcoat, value 4 s. three muslin stocks, value 3 s. two linen handkerchiefs, value 2 s. and a pair of men's leather shoes, value 5 s. the property of Thomas Holmes , and a pair of silver shoe buckles, value 12 s. the property of John Norton , in the dwelling house of the said John Holmes . ++

John Holmes . I live at Pimlico : I lost a pair of sheets out of my house; there were two cloth coats, a nankeen waistcoat, three stocks, a pair of shoes, and two handkerchiefs, the property of Thomas Holmes , and a pair of silver buckles the property of John Norton , my apprentice . I know nothing of the robbery; I was out; I left my sister Mary Johnson in the house.

Rice Williams. I was going to Chelsea on the 4th of May; when I came to the Five Fields I saw the prisoner at Holmes's window that looks into the field at the back of the house; he took two bundles out of the window, put one under his arm and took the other in his hand, and carried them to the middle of the field, and sat down on them for about a minute; then I saw him come back to the window, and take another bundle out and put it in his pocket, and go again to the things; I told a gentleman that was coming along I did not know what to make of the prisoner, I thought he was a thief, and if he would watch which way he went, I would go and let Mr. Holmes know of it; I went and informed them, and they found the parlour stripped; he attempted to run away; the gentleman pursued and took him, and I saw him drop the bundles.

Thomas Crawford . Mr. Williams informed me of his suspicions of the prisoner; I saw him drop these two bundles in the field (producing them); he ran into a pig sty; I followed him, took him, and brought him back to the house; he cried for mercy. In the bundles were found all the things that were missing, except the shoes and buckles, which I found in the field next morning, just by where he dropped the bundles.

Thomas Holmes deposed to the two coats, the nankeen waistcoats, the handkerchief and shoes.

Mary Johnson . I did not see the prisoner in the house; I was not very well, and was in the kitchen; I saw the people running, but did not know what was the matter till my little girl informed me the parlour was stripped.

Prisoner's Defence.

I heard the cry of stop thief; I pursued the thief a-cross the field; a man stopped me and said I was the person.

Q. to Williams. Are you positive the prisoner is the man that took the things out of the window?

Williams. Yes; I am positive to his clothes and every thing.

Not guilty of breaking and entering the dwelling house, but guilty of stealing to the value of 4 s. 10 d. T .

382. (2d M.) HENRY BROCKHOUSE was indicted for stealing a brilliant diamond ring set in gold, value 40 l. thirty-seven guineas and one five guinea piece, the property of Bartholomew Schiroli , in the dwelling house of David Bourgesis , April 14th . *

Acquitted .

383. (2d M.) LEVY SAMUEL was indicted for stealing a promissory note signed Andrew Richard , bearing date the 13th of December 1773, for one hundred and fifty pounds, by which said note, the said Andrew Richard , three months after date, did promise to pay Mr. Levy Samuel , or order, one hundred and fifty pounds for value received, being the property of Andrew Richard , and then due and unsatisfied against the statute , Dec. 13th . +

Acquitted .

384. (L.) JEREMIAH SULLIVAN was indicted for stealing a brass box lock, value 2 s. the property of Rachael Mary Butts , widow, John Butts , and Christopher Han , April 20th . ~

Acquitted .

385. (2d M.) MARGARET HARRISON was indicted for stealing nine linen sheets, value 20 s. a woollen blanket, value 1 s. three linen ruffled shirts, value 5 s. four plain shirts, value 4 s. four silver tea spoons, value 5 s. and three pewter plates, value 1 s. the property of Donald Campbell , April 16th . ++

Acquitted .

386. (2d M.) JANE CORNFORTH was indicted for the wilful murder of her male bastard child, by throwing it into a certain privy belonging to Paul Cauldwell , thereby giving to the said child in and upon the belly, a little above the navel, a mortal wound of the length of half an inch, and of the depth of a quarter of an inch, of which said mortal wound the said child did die , Feb. 3 d . *

Paul Cauldwell . I live at Cow-Cross : the prisoner was my cook maid ; she came to live with me the 6th of January 1774. About six in the evening of the 2d of February my servant man, John Williams , informed me there was something in the necessary that should not be; I asked him what; he said that he believed Jenny, the cook, knew best; that he had a suspicion of her because she had kept her room all day; that he had observed when she was at work, in cleaning the grate; she could not got up without laying hold of something to help her up; I went into the kitchen, and asked her what she had been doing, she said nothing; my man returned and said there was a child in the necessary, but he could not get hold of it; I ordered him to fetch a carpenter to pull up the vault to get it out, which was done; I kept the prisoner in the mean time in custody; then the man returned, and said they had opened the vault, and had got the child out alive, but could not bring it in to me; I took off the prisoner's apron, and gave it to him, and bid him bring the child up in that; accordingly the child was brought, and the rest of the servants who had wives fetched them to come to dress it, and do all in their power to save the life of the child; it was dressed and taken to the work-house: it was alive and a male child.

John Mackerness . I took the child out of the necessary at six in the evening on the 2d of February; Thomas Tingle bid me step to the necessary with him, and said we should hear something making a noise; I stood there and heard it; Williams came to me and said what could this be in the vault; he listened and heard the same noise; upon which he got a candle, put it down the hole, looked down, and said there was a child; they bid him say no such thing unless he was certain; he looked again and saw the same, and said it did not seem to move more than the hand. The vault was knocked open, and we reached up the child out of the vault, and laid it down on the floor; John Williams brought the apron and wrapped it up in it, and carried it into the house: the child was alive.

Thomas Tingle . I went to the necessary house: I heard a noise in it; I fetched a candle, put it through the hole, and saw something; I let the candle down again and saw a stick at work upon this that appeared white, pushing it down; there are two vaults one behind the other; I saw the stick as if something was guiding it; I went to John Mackerness , and bid him step with me into the necessary; we stood a little while and heard the noise then in the necessary; Williams came with a lighted candle and looked down; the first time he could not perceive any thing, but the next time he perceived the hand move and said it was a child; he said come and help me out with it; upon this we said take care what you say; it is a dangerous thing, acquaint our master with it; Williams went and acquainted my master, and he ordered the vault to be opened. I found the stick in the back yard afterwards, with soil six inches at the end of the stick; I was sent to fetch Mackerness's wife and my own; when I came back the child was taken out; Williams had it in the apron on the floor.

John Williams . On the 2d of February about six in the evening, Tingle and Mackerness told me something made a noise in the necessary that occasioned me to take a candle and look down; at first I could not perceive what it was, but the second time I saw one of the child's hands moving upon the side of its face; then I called them to come and help the child out; they advised me to go and tell my master; I went, and told him there was more than what should be in this necessary; my master asked me what; I told him I thought Jenny knew best; I went and had the vault broke open, took the child up, and put it on the floor; I told my master we had taken it up, and he gave me the apron to bring it up stairs in; I brought it and gave it to Tingle's wife; the child was then alive, it was a boy. I saw a mark about its navel, and its entrails were out.

Elizabeth Mackerness . On the 2d of February I was sent for to the child; I saw it in an apron in Thomas Tingle 's wife's lap; she desired I would take and clean it, and wash it, for she had not the heart to do it; the child was then alive; I washed it, cleaned it, and dressed it; the prisoner's mistress sent some things to dress the child in, because the prisoner said she had not got a rag. I observed a wound in the belly a little above the navel, and the bowels out about the quantity of a half pint pot full; my master sent for a doctor, Mr. Olive; he came, and was a great while trying to get in the entrails; the wound was so small he was forced to make it bigger to get them in; he sewed up the wound with three stitches; then the child was sent to the work-house; the next day I saw the child at the work-house dead.

Elizabeth Tingle . On the 2d of February my husband fetched me on account of this accident; when I came to Mr. Cauldwell's, the child was brought and put in my apron; it was very dirty; there were coals and ashes upon it, and a wound a little above its navel; the other woman washed and cleaned it; I did a little to it. My master desired the doctor to be sent for; he came and put in the entrails, and it was sent to the work-house. The prisoner was all the time in the kitchen; she sat in a chair by the fire side; I did not hear her say any thing, she only groaned.

Mr. Cauldwell. When I came down into the kitchen; I said, Jenny, it is strange to me you could commit an act of this kind; I would have put you into the hospital to lie-in if you had acquainted me of this matter; all the answer she made to that was, what could she do?

Elizabeth Tingle . I examined the bed; it was stained with blood, and the after-burthen was between the bed and the sacking, wrapped up in a coarse apron.

Elizabeth Mackerness . I was with Mrs. Tingle when she examined the bed, the bed appeared in the condition as it would if a woman had lain-in there; the sheets were not there; we found them in a washing tub in the cellar.

Ann Hooker . I am a midwife: I was sent for to the work-house to see if the after-burthen was come from this woman, because they had not found it; I examined her, and she told me the burthen was between the bed and the sacking, wrapped up in a coarse apron; the women had found it before I got there. I saw the child alive at ten at night. The prisoner told me to tell her mistress where the sheets were to be found which she had dirtied in her labour; she said they were in a tub in the corner of the cellar; I went to her mistress, and she sent me to Tingle and Mackerness, who had found the sheets and were then washing of them; the next morning at eight o'clock I went to see the child, and found it dead; I went to the prisoner and told her the child was dead; I did not find any thing the matter with her, only she said she had the head ach; the child was at its full growth; had its hair and nails; I asked her how she came to cut it; I told her there was a cut a-cross the belly above the navel; the bowels were out; there was a mark on the shoulder, and confusions in the face, but not such as to kill, only bruise; upon this the prisoner said if it was done, it was with the stick she poked it down the vault with; I asked her how she came to throw ashes in upon the child; she said because she thought the soil was not deep enough to cover it.

Mr. Thomas Olive . I am a surgeon: I was sent for on the 2d of February between six and seven o'clock, to look at this child; accordingly I went and found it in the lap of a woman in Mr. Cauldwell's kitchen; a considerable parcel of the small intestines came through a small wound about three quarters of an inch above the navel; I could not return them into the abdomen till I had dilated the wound; when I had cleaned and returned them, and stitched up the wound, the child was then alive. I had a good deal of difficulty in reducing these intestines into the place; some few ashes or cinders were upon them; they were not wounded: the wound appeared as if it had been made with a sharpish instrument, though not a knife; it was rather too irregular to be made by a knife; I saw no other particular marks; I think the wound could not be made by a blunt stick; it might be by meeting some sharp thing in the soil, or in throwing the child down, or by a nail in taking it up. I believe the wound and the intestines being so long exposed to the cold air were the occasion of the child's death; when the child was dead I opened it before the coroner, and could plainly discover which were the intestines that had been exposed to the cold air, because they were discoloured. The child lived seven or eight hours; I opened it to see if the wound had been done with a knife, because I think if it had, it was almost impossible but some of the intestines must have been wounded; upon the whole I have no doubt but the child's life was lost by this wound and the intestines coming so out of its body.

Mary Jarvis . I am mistress of the work-house: the prisoner was brought to the work-house on the 2d of February, between six and seven o'clock, in an hour after the child was brought; I was desired to take care of the child, as it would be the means of saving two lives if I could preserve it; I sat up all night with the child; it lived till half past four in the morning; then I went to the prisoner and told her the child was dead; I asked her how she could commit so rash an action, and how the wound came on the belly; she said she believed it was by poking it down the vault with a stick, but she believed she was out of her senses when she did it, or else she had not done it.

For the prisoner.

Margaret Jarvis . She was servant to me seven months. I heard of this by accident: she was a tender, humane, good natured girl; she bought some new linen about four days before she left my service, which was the Tuesday after Christmas day.

Bridget Gray . I never heard but she was a humane tender girl; I bought five or six yards of linen for her a day or two after she went to Mr. Cauldwell's.

Susannah Bridge. The Sunday before this happened she called upon me, and desired me to come to her on the Sunday after; she said she had given warning to come away, because she had something very particular to tell me; she told me she would come and lodge with me; I never heard any thing amiss of her before; she is a humane tender girl.

Lydia Lane. I have known her from a child; I never heard any thing bad by her, nor to the contrary of her being a tender humane girl.

Matthias Dale . I have known the prisoner six years: she is very tender and affectionate to wards children; she is humane and charitable.

Francis Gray . I have known her two years, though but little till the last six months, and at that time she was a very tender good sort of a girl: I heard her say she put the child to bed to keep it warm.

John Davis . I have known her eight months: she bore a good character, she was charitable and humane to the poor when they came to the door, and very kind to children.

Guilty . Death .

She immediately received sentence (this being Saturday) to be executed on the Monday following, and her body to be afterwards dissected and anatomized, which sentence was executed upon her accordingly .

387. (2d M.) JOHN CHARLES was indicted for that he in the king's highway, in and upon Charles Herrington did make an assault, putting him in corporal fear and danger of his life, and stealing from his person two iron keys, value 6 d. and four copper halfpence, the property of the said Charles , April 30th . +

Charles Herrington . On the first of May, between two and three in the morning, I was going out of Thames-street , on Tower-hill; as I was passing through the bars, two men came up to me, and passed me; I suspected nothing at that time, but I turned round, and saw they stopped and whispered, and then they came running back again to me; each caught hold of me by the collar, one on each side; one of them, which was the prisoner, clapped a knife to my breast, while the other put another knife to my throat; they demanded my money; I said I had little money, I had a wife and family, and had been in town some time at very great expences, and had but little; I said twopence farthing; they took that, and asked if I had any thing more; I said no; the prisoner then said, you villain, if you speak a word I will cut off your head! he ordered the other man to search me, which he did, and found nothing more than two iron keys; the other man asked the prisoner whether he should take the keys; the prisoner said, yes; they took them and left me; they presently came back; the prisoner laid hold of me again, and said, you villain, if I thought you would say a word about this, I would cut you limb from limb! I was terrified; I said I would not; they went away. They were dressed in sailors dresses; as to one of them, which is the prisoner, who stood by me with a knife, I took particular notice of him more than the other man, who stood more sideways. I went to a watchman, and we went into Dark-house-lane to examine the houses there, and at the Antigallican we found the prisoner; there was another man in company that I could not challenge, for I did not know him to be the man that robbed me, but I knew the prisoner immediately when I came into the house; the prisoner said, I will be d - d if you be not upon some rig, and said, he thought we were Sir John Fielding 's people, and if any thing amiss had happened he would assist us; he asked me to drink, and soon afterwards he was getting away, to all appearance going to bed; then I thought it high time to stop him; I gave charge of him, knowing him to be one of the two men that had robbed me. We did not find any thing upon him; the keys and the money the other man took; there was nothing found upon him but a small knife: the knives that were held to me when I was robbed, were one large, the other small; the small knife was like this; I cannot say which had which knife.

Q. from the prisoner. Did not you say you could not swear to me only for my blue jacket?

Herrington. I never did say I could not swear to the prisoner only because he was dressed in a blue jacket, for I knew him by his voice and his dress; I did not know his face.

Abednego Lambert. I am one of the watchmen for the Tower Royalty; we were talking together of a gentleman being attacked upon the hill; the prosecutor came up and said he had been robbed; he described the men to be in blue jackets; he said he should know one of them: we took off our watch coats and went into Darkhouse-lane; there we saw the prisoner; he said, I will be d - d if you are not upon some rig, I believe you are some of Sir John's men, I will assist you. The prosecutor charged him with being one of the men that robbed him; the prisoner first said he belonged to a man of war; afterwards he said he came home in an Indianman, but when the constable was called up, he told him he came from the Pilgrim, in Holborn, at about half after two; that could hardly be true, because he was in custody a quarter before three. The waiter at the Pilgrim did appear at the Justice's, and was examined there.

John Farrel , another watchman, who was along with Lambert, confirmed his evidence, and added as follows: The prosecutor said he should know one of the men, and challenged the prisoner out of ten or twelve people at the Antigallican, as being the man. The prosecutor never did say that he could not swear to him, on the contrary he did challenge him from the first, and said from the first he could swear to him.

The prisoner said the prosecutor was intoxicated with liquor at the time; Farrel and Lambert both deposed the contrary.

Prisoner's Defence.

It is a false charge against me: I was at the Pilgrim in Holborn at the time; I had been at the Rainbow, the corner of Fleet-market, to take some money from there. I went to a pawnbroker's, at eleven o'clock, in Holborn, for my coat that was in pawn, and then to the Pilgrim; there I supped; I thought it so late I should be locked out of my lodgings; I went down to Darkhouse-lane, meaning to sleep there, and these men came and challenged me because I happened to have a blue dress; I said they might as well challenge any man in the king's navy. I have witnesses to make my defence good, that I left that house at half past two o'clock.

He called several witnesses but none appeared.

Guilty . Death .

N. B. He was tried last sessions.

388. (M.) WILLIAM HOUGHTON was indicted for stealing twenty-four guineas, seven half guineas, and eight shillings in money, numbered, the property of Israel Brakewell , in the dwelling house of Thomas Penny , March 10th . *

Israel Brakewell . I lodge up two pair of stairs at Mr. Penny's, the sign of the Fox in Duke-street; Bloomsbury ; the prisoner had been a waiter there ten weeks. I work for Mr. Farmer, a brewer. I lost twenty-four guineas, seven half guineas, and eight shillings, that I kept in my box, tied up in a little bladder; I saw it in my box on Sunday the 6th of March; I missed it on the 10th, when I found my box broke open. The prisoner had been discharged from Mr. Penny's the 5th of March; I told Mr. Penny my box was broke open; he suspected the prisoner, and we had him taken up in Tottenham-court-road; Mr. Scott searched him, and found a guinea, and a half, and some silver about him; the guinea was like one I lost; I cannot swear positively to it; one Francis Bacon came and told me where this money lay, and gave me the account of it, which he had from the prisoner; it was found at the Rose and Crown, Tottenham-court-road, where the prisoner had lodged, concealed behind the plaster in a corner of the lodging room; twenty-six guineas and a half, in guineas and half guineas, were found there, and the bag I lost it in: (The money was produced, and the bladder, which was deposed to by the prosecutor.)

George Burn . Mr. Penny informed me of the information he had from Bacon; I went according to his information to the Rose and Crown, and found between the laths and plaster twenty-three guineas and six half guineas, and the bladder. On the 31st of March, before Sir John Fielding , the prisoner owned he did put that money there, and that it was Brakewell's property.

Thomas Penny . I keep the Fox in Duke-street, Bloomsbury: I parted with the prisoner the 5th of March; Brakewell has lodged with me pretty near three years; he came down on the 10th of March, and said his box was broke open, and his money stole; my door is open; persons that know the house might readily go up stairs without being observed. When the prisoner was taken I saw him searched; there were two-guineas and a half found in his pocket; Bacon came to me on the 20th of March, and gave me the account he had from the prisoner where the money lay.

Francis Bacon . I was in New Prison with the prisoner; the prisoner said he had planted some money in a corner of the room over three boxes, and he said if I would get it for him, he would give me part of it; he told me I was to pull down a bit of plaster over these three boxes, and there I should find the money; this was on the 18th of March; I went and gave information of it to the prosecutor on the 20th, and the money was found accordingly.

Prisoner's Defence.

I am only nineteen years old.

Q. to Penny. How did he behave in your service?

Penny. He did not behave amiss.

Guilty. Death .

Recommended by the Jury to his Majesty's mercy .

389. (M.) WILLIAM HAWKE was indicted for that he in the king's highway, on Charles Hart , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person one shilling and sixpence and seven halfpence in money, numbered, the property of the said Charles , March 28th . +

[ Charles Hart .]

Q. What are you?

Hart. A gentleman : I live in May's Buildings. On the 28th of last March, between the hours of nine and ten in the evening, Capt. Cunningham and myself were stopped in a coach near the Half-way-house leading from Knights-bridge to Walham Green , by one man on horseback; he said to the coachman, God d - n your blood stop, or I'll blow your brains out! upon which I let the glass down which was then up, and he put a pistol to my breast, and demanded my money; I had one shilling and sixpence and some halfpence loose in my waistcoat pocket; I gave him that; I had half a guinea in my fob, which I preserved; he said to me, God d - n you, do you give me nothing but halfpence! I told him it was all I had, and desired him to take the pistol from my breast. In the interim Capt. Cunningham was moving a pocket book from his right hand waistcoat pocket into his left hand breeches pocket, in which were bank notes to the amount of between four and five hundred pounds; he had twenty-six or twenty-seven, guineas in his breeches pocket, but being in liquor he refused being robbed, and said he would not be robbed; the prisoner saw the pocket book, and took the pistol from my breast, and said, God d - n you, give me the pocket book! he replied he would not give it him; the prisoner said, God d - n you, I will fire upon you immediately! Capt. Cunningham told him to fire and be d - d; he did fire within four inches of my head, and made a kind of confusion on Capt. Cunningham's left arm, but got nothing from him, his horse flew from the coach door, and I saw him feeling as it were for another pistol; I opened the opposite door, jumped out, and assisted Capt. Cunningham out; the coachman said to him, Sir, for God sake don't shoot my horses; he replied no, you are an honest fellow, I shall know you again, and he read the number of his coach, which was 745.

Q. What did he read it aloud?

Hart. Yes, he spoke it loud; he asked the coachman whether there were any pockets in his coach; the man replied there were; he got off his horse, and searched the coach; Capt. Cunningham with a small stick beat his horse, and d - d him for a scoundrel; when he was off the horse he had a second pistol in his hand I believe from the shortness of it, and which he held presented as to me, and swore if I came near him he would blow my brains out; I was then at the distance of five or six yards from him.

Q. Could you distinguish the pistol?

Hart. Yes: it was a fine moon light night. I must confess I was not very fond of going very near him; he got upon his horse again; Capt. Cunningham was till beating him with this little swish; the prisoner pulled the trigger of the second pistol at his head, within the distance of something less than a yard, and it missed fire; I threw a stone at him on its missing fire, and he rode immediately to town. He was taken a fortnight or three weeks after; I saw him the day he was taken.

Q. Had you ever seen him before he robbed you?

Hart. No.

Q. What hour was it?

Hart. Between nine and ten; the moon was near the full; it was very light.

Q. Are you sure the prisoner is the man?

Hart. I am certain of it: he was six or seven minutes with us from the first stopping of the coach.

Q. Could you distinguish his person?

Hart. Yes, quite clear.

Q. Could you distinguish his dress?

Hart. Yes: as near as I can charge my memory, the coat he has on now, with a waistcoat of the same, a hat flapped, with his hair hanging loose about his ears. I saw the horse afterwards, but could not swear to its identity; it appeared to be a dark one.

Q. Did he hold the horse by the bridle while he was in the coach?

Hart. Yes; Capt. Cunningham was striking the horse all the time; he struck the prisoner after he was upon the horse.

Q. I should suppose from your account of Capt. Cunningham's behaviour he must be much in liquor?

Hart. He was excessively.

Q. How came you not to draw the captain off from provoking him?

Hart. He was nearer than I was.

Q. You are sure this is the man?

Hart. Yes.

Q. What is become of the captain?

Hart. He embarked on the 15th of April for his regiment in Ireland. The coachman was at Sir John Fielding 's, but could say nothing to the identity of the prisoner.

George Smith . I apprehended the prisoner; I had an information where I should find him; I went to his lodging and found him a-bed, and five pistols and a cutlass lying in a chair by the bed side; it was in Rose and Crown Court, Shoe lane. There were two watches and other matters that are in other indictments.

Prisoner's Defence.

I am innocent of this affair: I leave myself entirely to the mercy of this honourable Court I have been guilty of affairs of the kind, but am innocent of this. I am a jeweller by trade: I am twenty-three years old: I have a wife and two small children.

Guilty . Death .

390. (M.) ELIZABETH, the wife of Samuel CONSTABLE , was indicted for breaking and entering the dwelling house of Thomas Duard , on the 15th of April, about the hour of nine in the night, and stealing three linen gowns, value 30 s. the property of the said Thomas, in his dwelling house . +

Thomas Duard . I live at No. 3, in Bowle-yard, St. Giles's ; on the 15th of April , in the evening, I was drinking at the earl of Warwick's head; I had two or three pints of beer more than I had money in my pockets to pay for; between eight and nine o'clock I went home for some money I had left on a shelf; I found my wife out and the door locked; I enquired of a lodger who was sitting at the door, where she was; she said at the chandler's shop; I went to her for the key; when I returned, and was going to open the door, a woman at the door said I need not open the door, she would lend me some money; I did not go in but left the door locked, and returned to the publick house: between nine and ten my wife came, and said the door was open.

Ann Duard . I am the wife of the last witness. On Friday the 19th of April, between eight and nine o'clock, he went out, and left me at home; I went out about half an hour after, and locked the door; I went to a chandler's shop; I staid there till after nine; while I was there, between eight and nine, he came for the keys; after nine o'clock I went to him for the keys to the public house, went home and found the door open, and the padlock lying with the staple drawn on the outside; I ran back and asked him how he could be so wicked to draw the staple of the padlock and leave the door open; he said he was not in the house, and that the young woman with him saw he was not; he bid me go home and see what I had lost; I went home and missed three gowns out of a chest in the back room on the ground floor. I went to four pawnbrokers that night; the next morning I went again, and at Mr. Fleming's in Drury-lane, I heard of one of my gowns, the white one; he told me there had been a woman there with a gown, and called the boy to describe her; the boy said she had a brown gown on, snaggled teeth, and a scar over her eye; by the description I knew it was the prisoner; I went and took her up directly, and the boy swore to her person; when she was taken she denied the fact, till we were going by Mr. Henshaw's in Crown-court; then she owned she took them, and said she had pawned them there; I found all the gowns there; I told all the marks before I opened them; she said she did it for want of money; she said she was not willing to put my husband to the expence to withdraw her recognizance: she had been in a quarrel with a person, and my husband had been bound in a recognizance for her.

A servant to Henshaw produced three gowns that were pledged by the prisoner on the 15th of April, between nine and ten at night. (They were deposed to by the prosecutrix).

Prisoner's Defence.

This day five weeks she came to me at nine o'clock at night, and brought these three gowns and a penny, and desired me to pawn them for what I could, for she said she wanted to buy a bargain and did not want Thomas to know of it; she said she wanted to make what she could, and then to leave this Thomas. She has been several times in the Bail Dock with me, pressing me to take this thing on myself, left Thomas should turn her out of doors.

Ann Duard . I was in the Bail Dock with her; she sent for me, and desired me not to say any thing about the lock, or she should be hanged she had been here so often.

Prisoner. Ann Cort and Ann Morris , two prisoners in the Bail Dock, heard it.

Ann Stevenson . Duard came to the Bail Dock to-day, and said if she would take upon her to say she did not give her the gowns to pawn, left Thomas should turn her out of doors, she would do any thing for her.

Ann Corpe . I know nothing of what they said; they were talking together; I did not hear what.

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

390. (M.) WILLIAM PARSONS was indicted for stealing a mahogany tea chest, value 5 s. two silver tea spoons, value 5 s. a silver table spoon, value 6 s. two black silk hats, value 10 s. seven linen aprons, value 25 s. six linen shifts, value 18 s. seven linen handkerchiefs, value 21 s. a pair of gloves, value 1 s. four pair of cotton stockings, value 6 s. two pair of muslin ruffles, value 6 s. two muslin caps, value 1 s. a cotton gown, value 12 s. and four guineas in money, numbered, the property of Margaret Tokelove , in the dwelling house of James Snow , Feb. 4 . +

Margaret Tokelove . I live at Mr. Snow's in Church passage, Piccadilly . On the 4th of February I had been out; I came home about nine at night, and found the door open, and all the things gone that are mentioned in the indictment; I never found any of my things again except one spoon at Mr. Murthwaite's, a pawnbroker's; the spoon was given by the prisoner to two girls of the town; one is kept out of the way by his friends, and the other is in Tothillfields Bridewell for being disorderly.

James Slee . I live with Mr. Murthwaite, a pawnbroker in Oxford-street; this spoon ( producing it) was pawned at our house by Mary Moore .

Prosecutrix. The prisoner owned before Sir John Fielding that he gave the spoon to her to pawn; there is W M T upon it; the initials of my father and mother's name; he said the spoon was given him by a flight acquaintance that he did not know.

Prisoner's Defence.

I am as innocent of the robbery as the child that is unborn; I do not know that I owned to the taking of the spoon, if I did I was very much in liquor.

Prosecutrix. He was very sober; it was before ten o'clock in the morning on Monday; he owned the same on Wednesday.

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

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

392. (M.) PATRICK DOGGARTY was indicted for stealing a silver watch, value 40 s. a steel watch chain, value 4 d. a stone seal set in base metal, value 1 d. and a brass watch key, value 1 d. the property of Thomas Marin , privately from his person , May 15th . +

Thomas Marin . I am a journeyman taylor . I lost my watch last Sunday between twelve and five o'clock in the morning; I went home to my lodging at twelve o'clock; there are two beds in the room; the prisoner and another man lay with me; I waked about half after five; I put my hand to my breeches pocket, and missed my watch; I had my breeches on; I did not pull them off because I intended to leave my lodging that night; hearing he did not go to work on the Monday, and knowing he had no money the day before, I had a suspicion of him; I went to the Barleymow, a public house he uses; I heard there that he had been drunk that day; I went on Tuesday morning and found him on the bed at his lodging; I then searched about again for my watch, left I should have laid it down somewhere, as I went to bed in the dark, but could not find it. On the same day I found the prisoner drunk at the Crown in Clear-court; I took him up and had him before the Justice, and there the watch was produced.

William Kay . I am a pawnbroker: the prisoner pawned this watch (producing it) on the 16th of May at our house; I never saw him before.

Prisoner's Defence.

I do not know any thing of the watch; I do not know that I pawned it; I do not know that I ever saw the man till I saw him at Sir John Fielding 's.

He called one witness who gave him a good character.

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

393. (2d M.) JOHN THOMSON was indicted for being found at large in this Kingdom before the expiration of the time for which he had received sentence to be transported .

The record of the conviction was read, by which it appeared a John Thompson was convicted at the quarter sessions of the peace, held for the Town and Borough of Southwark in the County of Surry on the 2d of July last, and received sentence of transportation for seven years.

Jeremiah Beavis . I am keeper of the Borough compter; I know the prisoner, he was in my custody at the Borough sessions; he was tried and convicted and ordered to be transported.

Richard Hale . On the 16th of March I met the prisoner at large in Wapping; he spoke to me first, I said, What, is it Thompson! he said yes; upon which I having an intimation that he had been seen at large and people being on the look out for him, I charged him with having returned from transportation, and had him secured.

Prisoner's Defence.

Your Lordship will be pleased to understand I was bred to the sea from my infancy; I have no other dependence for my livelihood, but by going to sea; as to what the keeper of the Borough Compter has said I will in no wife deny that in one respect, but on the other hand when your Lordship considers how the case has turned out with me since that time, I hope you will be pleased to see it in a favourable light. On the 22d of July last I went out of London on board the transport ship; I was next morning before sunrise turned out of my consinement and ordered to do my duty on deck as the rest of the ship's company; I did so till I got to Virginia, there I shipped myself on board a vessel which belonged to that part of the world going to Piscataqua in New England; I shipped myself as a man on board that ship. When we got to Piscataqua we took a cargo of fish on board, and went from there to Lisbon in Portugal, and according to our articles of agreement with the captain, we should have returned back to Piscataqua without touching at any other port; but about a fortnight after our arrival in Lisbon, a schooner arrived which belonged to our owners in New England, with letters to countermand the voyage, directing the captain that he should proceed and take in freight for London; when I came to understand that the brig was bound to London I objected against proceeding on the voyage, not thinking it proper to let them know the real reason why I objected to it, because I was a native of the place where the captain and all the people lived, and it would have deprived me of my livelihood if it had been known that I had been transported from this country; I demanded my discharge from time to time of the captain; he said he could not do it seeing it would wholly distress the vessel if he discharged me there, he must get a man in my room, that he was not willing to discharge me. Knowing that the English Consul then residing in Portugal would have insisted upon my discharge, I went on shore and applied to him; he told me I must go on board the vessel, for he could not pretend to discharge me, or else I must go to gaol; I thought it hard to go to gaol in a foreign country, having no friends there; I thought I would go on board the vessel and endeavour to get my things out of her and go on shore; the captain came on shore towards evening; he said if you will do your duty as usual on board the vessel, and stick by her till we are ready to fail, I will discharge you; this encouraged me a great deal, and I willingly staid in the vessel. I had been to work upon the sails and mended them; I overhauled the rigging, and helped to take in the cargo; the vessel was by and by loaded, and I repeated again the demand of my discharge to the captain according to his promise; he told me to get my things on deck: there was a shore boat along side; he said I should go on shore in it if I would help him to get down the fails; I staid on board, not thinking proper to disoblige the captain, for fear he should not be willing to give me my wages; I had twice as much wages as I could get out of any port in Great Britain; I had three pounds sterling per month; I could not get so much by coming here, nor had I any one friend here to induce me to come; I staid on board, helped to unmoor the ship, and get her under sail, and went down along with him till we got below Bellisle Castle; when I got there, I said to Capt. Brown my things are on deck, I beg you will be as good as your word and pay me, and let me go on shore, seeing it is so disagreeble to me to go London; he said you attempted to distress me before, now I have put it out of your power, you must go to London: this was the reason why I came to London. I could have no inducement in life to come to London, seeing I am an entire stranger to it, my wife and family being in America, and seeing I could have twice as much money in America for my labour as in London; I could have no reason to induce me to come to it; I hope your Lordship and the jury will take these my unhappy circumstances into consideration, and as to this gentleman of the Borough Compter, who has sworn against me, I believe for the time I was in his custody last year I dare say he can give me no other than the character of a well behaved man.

Court. Where is the ship now you came home in?

Prisoner. I was taken on Thursday; I lost my chest, my clothes, my wages, and every thing. She sailed the Saturday following; I could get no person to go from Clerkenwell Bridewell, where I was committed, to go on board; I had no money in my pocket, and could get nobody to go of an errand for me. Seeing I was in such danger of my life and liberty, I thought it most prudent in me to keep still on board the vessel, and have as little acquaintance on shore as needs must; I knew my life and liberty were in danger; I thought no harm in speaking to that man; as for what he has said, I wish for his own sake it was the truth. I had no acquaintance with any people in London; had I known my case would have turned out so dangerous, I would have got acquaintance with people that should have appeared for me; I thought there would be no danger as I kept myself on board the vessel; I committed no error to any man.

Q. to Hale. How got you the first intelligence of this man?

Hale. A person came to the office, and informed us there that he was returned from transportation; he had been on shore a good while; I believe I saw him two months before that, but did not know then that he was returned from transportation.

Q. Where did you see him then?

Hale. At the sign of the ship in Cable-street I believe, by Salt Petre Bank.

Q. Do you know what ship he belonged to?

Hale. No.

Q. When he was carried before Justice Sherwood, did he give any account of what ship he belonged to?

Hale. He told the Justice he need not swear that gentleman for he was returned.

Q. Did the Justice ask him no questions?

Hale. The Justice asked him how he came to return; he said he got ten guineas, and ten gallons for the run home.

Q. Did he say what ship he came home in?

Hale. He did not mention any ship as I know of.

Q. Did he tell the same story he has done now?

Hale. Not a word of it.

Q. Did he complain then of having endeavoured to get on shore at Lisbon, and that the captain brought him here against his will?

Hale. He did not say a word at all of it.

Prisoner. I was hurried away.

Hale. No, he was there the whole day; here is a man in Court that told me he had drank with him several times in the two months.

Court. Call that man.

Thomas Chater . I am a porter.

Q. Do you know Thompson?

Chater. Yes, being in trouble about something at Bow Fair; he was in New Prison.

Q. Have you seen him since he came home?

Chater. Yes; I have drank with him at the Poultry, in Grocer's alley.

Q. When was that?

Chater. About February: I met him once afterwards in Smithfield about a fortnight after.

Q. Did he give you any account of himself?

Chater. He said thank God I have got over my misfortunes very well, and I have had a good voyage; he said he was going to look for another captain to go another voyage as soon as possibly he could.

Q. Did you know at the time he had been ordered to be transported?

Chater. No, I did not.

Q. He did not tell you particularly how he came home, or in what ship?

Chater. No; he only said he had had a good voyage; I said I was glad to hear it.

Beavis. He behaved exceeding well when he was in my custody.

Guilty. Death .

Recommended by the Jury to his Majesty's mercy .

394, 395. (M.) JOHN BEBB and JAMES WELCH were indicted for breaking and entering the dwelling house of Ann Davis , widow, on the 23d of March , about the hour of eight in the night, and stealing four linen aprons, value 6 s. six linen caps, value 1 s. a scarlet cloth cloak, value 10 s. a linen shirt, value 2 s. two linen sleeves, value 1 s. two rows of gold beads, value 30 s. a gold locket, value 5 s. a pair of silver shoe buckles, value 5 s. and three gold rings, value 5 s. the property of the said Ann, in her dwelling house . *

Both acquitted .

396, 397, 398, 399. (M.) JAMES WHITEHOUSE , JAMES PINER , MARGARET THOROGOOD , spinster, and MARY WELCH , spinster, were indicted; the two first for that they in the king's highway, on Martha House , spinster, did make an assault, putting her in corporal fear and danger of her life, and stealing from her person a silk gown, value 3 s. two white linen aprons, value 2 s. a check apron, value 6 d. a pair of linen sleeves, value 6 d. a pair of woman's shoes, value 6 d. a pair of white cotton stockings, value 6 d. a linen handkerchief, value 2 d. a linen cap, value 1 d. and a piece of thread lace, value 3 d. the property of the said Martha , March the 3 d . And Margaret Thorogood and Mary Welch for receiving a silk gown and white linen apron, parcel of the above goods, well knowing them to have been stolen . +

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

Martha House . On the 3d of March, about eight in the evening, I was met in Bunhill-row by three men, as I was going home to my brother's; one of them said to me you nasty whore what business have you with that bundle, and beat it out of my hand with his hand; I went to pick it up again, but he laid hold of my hands while another of them picked up the bundle; then they all ran away with it; it was darkish; I cannot swear to the person of any of them. The things mentioned in the indictment were in that bundle. On the Monday following I had a message from Whitehouse, signifying that he was ready to surrender in order to be admitted an evidence; I went to him at his grandfather's house, and he went with me from there to the Justice's; when I came there, I found Parker, another person, had before surrendered, and had been admitted an evidence, therefore the Justice would not permit a second to be admitted an evidence. I found my gown and apron at a pawnbroker's the Friday before the Monday Whitehouse sent to me.

David Lawrence . On the 4th of March the two women prisoners came to my master's shop; Welch pledged a silk handkerchief for one shilling and sixpence; then they said they wanted more money; there was a gown and an apron thrown down upon the compter by one of the women, which I cannot tell; three shillings and sixpence was lent upon the gown, and one shilling and sixpence upon the apron; one took up the money, I cannot tell which. I knew Welch very well; she had often come to the shop before; I did not know the other. (The gown produced and deposed to by the prosecutrix.)

Daniel Thorn . I was present when Whitehouse came to the Justice's, and desired to be admitted an evidence concerning robbing Martha House ; he related no particulars to me of the robbery.

William Warwick . Parker, the accomplice, sent for me to go with him to the Justice's.

John Dinmore . When the two women were apprehended, they then said they had the things that they pawned from Whitehouse and Piner.

William Parker . Whitehouse, Piner, and I, committed this robbery; we we were walking together when we met this young woman; Whitehouse smacked her upon the hand several times, and at last knocked the bundle out of her hand and ran away with it; we all met again at the Red Lion in Whitecross-street, within ten minutes, and there the bundle was opened; it contained a pair of shoes and stockings, two white aprons, a silk gown, and some rags of things; they were publickly sold to John Hartley ; he is indicted as a receiver, and is let out on bail. ( John Hartley was called to surrender himself, but not appearing, his recognizance was ordered to be estreated.) The two women were not present at that time; we sold them for four shillings; we had a shilling a piece and spent the other shilling.

Whitehouse's Defence.

I got into the scrape this way: I happened to be at the publick house when Parker brought the things; Parker desired me to assist him in selling them for him; he pretended they belonged to a girl he kept that had parted with him; I was prevailed upon to sell them to Hartley.

He called three witnesses who gave him a good character.

Court. As there is no evidence against Piner besides the accomplice, I shall not put him upon his defence.

Thorogood's Defence.

The things I pawned at this pawnbroker's were a present to me from Hartley.

She called a woman who said that on the 3d or 4th of March (she was not sure to the day) Hartley came into the house where she lodged and took out a green silk gown, and made a present of it with something white, but she could not tell what, to Thorogood, who said she would pawn it in order to take another gown out of pawn, but would not swear the gown produced to be the same gown.

She also called two witnesses to her character.

Welch's Defence.

I had no other concern in pawning these things than I happened to be in the shop at the time Thorogood pawned the gown; I was going to pledge a handkerchief of mine, being in company with Thorogood, and the pawnbroker knowing me and not her, they were set down by the mistake of the pawnbroker in my name.

WHITEHOUSE guilty . Death .

PINER acquitted .

THOROGOOD acquitted.

WELCH acquitted.

400. (2d M.) JOSEPH MEDCALFE was indicted for breaking and entering the dwelling house of Thomas Watson , on the 15th of April , at the hour of two in the night, and stealing four hundred and eighty copper halfpence, the property of the said Thomas in his dwelling house . *

Thomas Watson . I keep the Fleece, a public house in Windmill-street, St. James's . On Saturday the 16th of April, about two in the morning, the prisoner broke in at the sash window of my tap room; he broke the shutter and wrenched the bolt. I went to bed about twelve o'clock; when the shutters were wrenched, the sash would throw up; I did not observe whether it was shut or not; I observed the shutter wrenched and the bolt broke about the middle; I lost about twenty shillings worth of halfpence; there was about ten crown papers made up, and about four or five were wanting; he gave me one of the papers out of his pocket in the tap room.

Q. Had you seen the halfpence that night?

Watson. I had seen them the day before, and there had been none taken away.

Q. Had you ever seen this boy before?

Watson. No. The halfpence were in a bureau in the parlour, which was broke open; we found a hat standing full of halfpence, and a chissel, and a dark lanthorn; a small chissel was taken out of his pocket; the other lay with the halfpence and a dark lanthorn.

Q. from the prisoner. Where did you find me, in the tap room, or was I brought in?

Watson. He was taken out of another man's yard, and brought into the tap room.

Prisoner. He swore before Sir John Fielding , that I was taken in the tap room; I never was in it.

Court. Who brought him in?

Wilson. The watchman and some other people.

Q. Did you say before the Justice you found him in the tap room?

Wilson. No; I did deliver him five shillings worth of halfpence.

John Guest . I am a watchman; I was sitting in my box about two o'clock; I heard a cracking as if something was a breaking: I thought I would give them time to get in; I let it alone till the clock struck two; then I walked up to this gentleman's house; I saw the shutter was broke, and the bolt wrenched partly off; all of a sudden two men jumped out of the window upon me; I plied upon them with my stick as well as I could, but them two got off; the prisoner got up into the window in order to follow them; he was inside in the tap room; I knocked him back with my stick into the tap room again; then I put the shutter to, and called to Mr. Watson; but before he came down the prisoner found his way backward, and got into the second yard, Mr. Cook's; Mr. Cook and his wife got up; Mrs. Cook called out, watchman, here he is; I ran into the passage and collared him; he put his hands directly into his pocket and took out a parcel of halfpence, which he scattered upon the floor.

Q. Did you know when you saw him that he was the same person you knocked back in the window?

Guest. Yes; I had my lanthorn in my hand; I know him very well; I took him up once before about a hat he stole. I took him into Mr. Watson's tap room; as soon as I got him there he said to Mr. Watson, here, take your money; he gave him some halfpence; I saw one handful loose; I took him to the watch-house and delivered him up to the constable of the night. In the tap room I found a chissel, a dark lanthorn, and a hat, and another chissel was taken out of the prisoner's pocket at the watch-house; I saw it taken out by the constable, and at the same time a tobacco box with tinder in it, and part of a bunch of matches.

Samuel Cooke . I live in Little Windmill-street, next door but one to the prosecutor. On the 16th of April I heard the watchman give the alarm of thieves, about two o'clock in the morning; that there were thieves in a house I could understand as I was in my bed; I got out of bed; my wife followed me; I saw the watchman at Mr. Watson's shutter, holding it; he said two men had got out; that there was one in the house, and he should not get out; he called Mr. Watson once or twice; in the mean time I heard somebody stepping behind me in the passage; I turned in to fasten the door and see who it was; I laid hold of him, and found it was the prisoner; he submitted himself, and said it would be a deal of charity, as he was a young lad, to let him out; I had no candle; it was dark; I had hold of his fingers; he made no resistance; my wife took hold of him while I went to the door, and told the watchman we had the thief; the watchman came and took him away; there were a good many halfpence dropped from him in my passage; they were picked up by the watchman.

Watson. I picked up about two shillings of it myself.

Thomas Robinson . The prisoner was brought to the watch house between two and three o'clock; I searched him, and found a tobacco box on him with some tinder in it, and part of a bunch of matches.

Q. to the watchman. Were the men that jumped out upon you the size of the prisoner?

Guest. No, they were both bigger; they were men grown.

Prisoner's Defence.

I was that night at a feast at Knightsbridge, and was kept till it was too late to go home to my father's, and not being willing to disturb them, I went to Mr. Cook's house, to one Mrs. Askins, an acquaintance of mine that lodges there, and as I was in the passage sumbling to find the way up stairs, Mr. Cook took me for a suspicious person; I had heard a noise in the street before, and had been with the mob pursuing after the thieves; as they ran they dropped the things produced against me, and I picked them up, and knowing in my conscience the halfpence I picked up belonged to Mr. Watson, I gave them to him. What the watchman says of seeing me come out of the window is very false.

Q. to Mr. Cook. Does a Mrs. Askins live at your house?

Cook. Yes.

Q. Did you ever see this boy on a visit to Mrs. Askins?

Cook. No.

For the prisoner.

Ann Askins . I have lived at Mr. Cook's three months: I have known the prisoner ever since he was a twelve-month old; in April last he lived at one Mr. Venoe's a carver and gilder; he has been twice at my room since I lived at Mr. Cook's; he was always a dutiful child: his father lives in Little Edward-street.

He also called William Watson , Michael Garner , and Barbary Vinoe, who all gave him a very good character.

Guilty. Death . Recommended by the Jury to his Majesty's mercy on account of his youth .

401 (M.) PATRICK SHIELDS was indicted for stealing a silver watch, value 50 s. the property of James Hull , April 16th . +

James Hull . I was in liquor last Monday night, and lost my watch at the Noah's Ark in Deer-street ; the prisoner was one of the gentlemen that were drinking there; I had the watch while I was in the house, and missed it before I went out.

Joseph Harrison . I am servant to Mr. Guest, a pawnbroker; the prisoner pledged this watch with me on the 17th of April; (the watch produced and deposed to).

Charles Jealous . I found a pawnbroker's duplicate of the watch upon the prisoner.

Prisoner's Defence.

I did not steal the watch: I was desired by the prosecutor, who wanted more money, to go pawn the watch for him; I went out with an intention to pawn it; it was too late that evening; I was in liquor myself; I did not return; I intended to give him the money; I went after him, and did not find him readily; then I spent some of the money, so because I could not make it up afterwards I was charged with having stole the watch.

He called three witnesses to prove he was at another publick house.

Guilty . T .

402. (M.) THOMAS CALDER, otherwise CALDWELL , was indicted for stealing a pair of leather breeches, value 5 s. the property of Edward Clark , Feb. 2 d . *

Acquitted .

403, 404. (M.) ELIZABETH SIDAY, alias BUCKINGHAM , spinster, and MARY THOMPSON , spinster, were indicted for stealing three guineas, and a quarter guinea , the property of Francis French , May 4th . *

Both acquitted .

405. (L.) WILLIAM ALDERIDGE was indicted for stealing an iron bar, value 2 s. the property of our Sovereign Lord the King, being fixed to a certain building of our said Lord the the King , April 30th . ~

John Bower . I am servant to Mr. Monk, who keeps the sign of the Post Boy, in Sherborne-lane, at the back of the Post Office. As I was coming out of a house next door but one, about a quarter before nine, on Saturday night the 30th of April, I saw the prisoner wrenching up a bar with a piece of wood that was fixed to the bottom of Mr. Jackson's window, who is comptroller of the Post Office; he had just wrenched the last nail as I past him; I informed my master of it; the prisoner then walked away; my master came out, saw it was loose, and pursued the prisoner and took him in Lamb-alley; he threw the piece of wood into a house in the alley.

Joseph Monk . I keep the Post Boy in Sherborne lane. On the 30th of April, about a quarter before nine in the evening, my boy had been to carry some beer out to a neighbour; he came in and informed me a man had wrenched up a bar of the Post Office window; I went to the window to see if the bar was wrenched up, and he made off up the lane, and turned into Lamb-alley; I did not lose sight of him; I pursued him and took him; my boy was with me when I took him.

Prisoner's Defence.

When he had laid hold of me I asked him the reason of it; he said if I would go back he would shew me; when we came to the place, the bar was down as usual; it never had been moved.

Witness. The nails were all drawn and it was taken up.

John Commings . I am an officer at the Post Office: I inspect the workmen; I know the window in Sherbone-lane; it belongs to the Post Office; it is rented with the Post Office for the service of the king.

Guilty . T .

406. (L.) SAMUEL GIBSON was indicted for stealing a linen handkerchief, value 10 d. the property of Thomas Clement , May 16th ~

Thomas Clement . As I was passing through Newgate , on Monday morning, between eleven and twelve, just as I got to the begging box I felt something at my pocket; I turned round and saw the prisoner throw my handkerchief up the steps that go into Newgate; I seized him by the collar, and charged him with having picked my pocket; he endeavoured to get from me, but with some trouble I got him back, and he picked up the handkerchief and gave it me. I charged a constable with him; he was taken to Guildhall and committed.

Prisoner's Defence.

I know nothing of the handkerchief; I never had it in my hand.

Guilty . T .

407, 408. (M.) MICHAEL SINGER and THOMAS SINGER were indicted for stealing three bushels of coals, value 3 s. the property of Robert Newcombe , April 27th . +

Robert Newcombe . I only know I lost the coals: I know nothing of the prisoner.

John Gregan . On the 27th of April, as we had lost coals several times, Ford and I were set to watch a lighter of coals at Gun Dock . About two in the morning the prisoners came along side the lighter in a boat; one of them staid in the boat, and the other got into the barge, and filled three sacks with coals, and put them into the boat; I fired a musket at them; then they threw the coals into the water and attempted to row off; I told them if they rowed any further I would shoot them dead; then they stopped, and we took them, and carried them on shore to Wapping watch house; the coals were picked up by a waterman six hours afterwards.

Henry Ford confirmed his evidence.

The prisoners, in their defence, said, they were fisher s, and were looking after a boat that was adrift, and that they had not a coal in the boat.

Both guilty . T .

409. (L.) WILLIAM MAYNARD was indicted for stealing a three-foot wooden rule, value 2 s. the property of Francis Whichelow , March 28th . ~

Acquitted .

410. (L.) RICHARD MYAT was indicted for stealing a silver watch, value 20 s. and two silver salts, value 30 s. the property of Thomas Beswick , July 17th . ~

Acquitted .

411. (M.) SUSANNAH AMISS was indicted for stealing a lawn apron, value 2 s. a worked muslin handkerchief, value 3 s. and a pair of linen sleeves, value 1 s. the property of Edward Carter , May 12th . +

Jane Carter . I am the wife of Edward Carter ; we keep a house in Feathers court, Drury-lane . On the 12th of May, a little before eight in the morning, the prisoner came into our house; about twenty minutes after eight I went into the yard; when I returned she was gone, and I missed the things mentioned in the indictment; they were taken out of a little room backwards. I found them again at Mr. Dixon's, a pawnbroker's, about twelve o'clock that day.

Henry Dixon . I am a pawnbroker in Wych-street; the prisoner pawned a handkerchief, apron, and a pair of sleeves with me the 12th of April, about eleven o'clock.

The prisoner, in her defence, denied the charge, but called no witnesses.

Guilty . T .

412. (M.) JEREMIAH AMENET was indicted for ravishing and carnally knowing Mary Martin , spinster, against her will , April 26th . *

Mary Martin . I am between thirteen and fourteen years old: I lived in Dorset-street, Spital-fields market ; with the prisoner, who is a weaver . I was bound out by the Barking officers, first to Mrs. Firnice; I lived with her two years and a half; I cannot tell the time when I came to the prisoner's, but I was turned over to him from Mrs. Firnice; the first night I went there, he asked me to go to bed with him; (he and his mother were the only persons that were in the house;) I told him I would not; when I was a-bed and a-sleep, he came into the room: I lay at the feet of his bed on the floor on a pillow and bolster.

Q. Is he a married man?

Martin. I do not know; a woman lived with him as his wife. I went to bed about ten o'clock; he came up about eleven; his mother lay below stairs; he and his wife lay in the same room with me; when he came up he laid hold of my arm and dragged me on the ground; he asked me to go to bed with him; I refused; the next morning between eleven and twelve he was in his loom, weaving by the window and I was winding of quills; he asked me if he should lie with me on the chair or on the bed; I said I would not lie with him; with that he chucked me upon the bed with all his force, and did it; I cried out as loud as I could, but I was so very hoarse I could not cry out loud enough to be heard; I could cry out no longer; I tried to oppose him as much as I could, but he held my hands back against my shoulder, so I could not rise nor do any thing; he said that as I was hoarse, and could not cry out, he took that opportunity of lying with me; it was on a Tuesday; he lay on me, and pushed hard against me with his private parts; he penetrated into my body, and I felt something come from him; he hurt me very much; he said he would give me sixpence, and threatened if I told any body he would put me in Clerkenwell Bridewell. On the Friday following I told Jane Williams and Mrs. Somers of it; Mrs. Small gave me a penny to run away from him; I went down to Barking on Saturday morning, and told Mrs. Stolengreen, and the officers of the parish of it. I was put in the work-house, and kept there ever since.

Cross Examination.

Q. Where was his wife at this time?

Martin She was gone to market for fish; she came home about one or two at noon; he told me if I told his wife of it that she would beat me worse than he would, and that his sons should beat me; they are one about sixteen, and the other fourteen years; they lie down stairs with his mother: his mother was winding worsted down stairs at the time, but I was so hoarse I could not cry out loud enough to make her hear. They used to send me out with periwinckles and crabs, and at night with radishes.

Q. Did not you come home late one night?

Marriot. Yes; I came home one night at eleven o'clock; he asked me how I came to stay so late; I told him a gentleman asked me how many radishes I had got, and said he would break me, but it was so far for me to carry them home, and that they looked stale; he called me my dear several times, and asked me to go into the alehouse to drink with him, but I would not: I used to tell every thing that passed. I told Jane Williams and Sommers if they knew how I was used they would pity me; they asked me how I was used, and that was the occasion of my telling them.

Jane Williams . I live at the end of Gravel-lane, near Petticoat lane: I sell fish. Mary Martin was apprentice to the prisoner; she used to go about with crabs and radish; coming from Billingsgate with Sommers and another woman, we saw this girl in Fenchurch-street, looking into a china shop; Sommers said to her, you are playing are you, as you was the other night in Bishopsgate-street; she said don't tell my master for I shall be half murdered, and we should pity her if we knew how she was used, and what was the matter with her; I said, why, what is the matter with you; she said my master has lain with me; I said what do you call lying with you, lying by you I suppose; she said no, he had taken her from the chair, flung her on the bed, and lain with her, and hurt her; that he did it so hard she did not know what to do; I asked if she cried out; she said I did, but nobody could hear me I was so hoarse; she said she told her master he hurt her, and he said you must bear my pushing, and I will make a woman of you at once; I said what did he promise you; she said he promised her a penny a day and would give her sixpence for a hat.

Q. Did she tell you how long it was before that her master did it?

Williams. No. I asked her why she did not tell her mistress; she said she was afraid of being licked; then said I, I will go home and tell your mistress of it. I went the next morning and found somebody had told her mistress of it before. Mrs. Sommers persuaded her to go to the parish from whence she came.

Sarah Sommers . I live with my father and mother in Petticoat-lane: I know Jane Williams ; coming with her from Billingsgate, I saw the girl looking through a window; I asked her if she was playing as she was the other night in Bishopsgate street; she and another girl that sells radishes were playing together there; she begged I would not tell her master, for if I knew what was done to her, I would pity her; Mrs. Williams asked her what was done to her; she said her master had got out of his loom, flung her on the bed, and lay with her; that he put his private parts in her, and said he would do what he liked with her now she was hoarse; she said when she got off the bed, she went down to the vault; that her shift was very bloody; I asked her why she did not complain; she said she was very much afraid of her mistress; that he said he would give her a halfpenny a day, and some silk for a hat, if she would comply with him; she said she would not, but he forced her.

Mary Williams . I am a fishwoman: I know the prisoner. This day fortnight; towards evening, I met Jane Williams; she asked me if I had heard the sad thing about Amenet; I asked her what it was; why, said she, the girl says her master has lain with her. I met the girl in Fenchurch-street about an hour after, and asked her if it was true; she said it was; that he took her from the quills she was working at, threw her on the bed, and lay with her, and she found herself all wet; I asked her why she did not cry out; she said she was so hoarse she could not; I asked her if she had told any body; she said she had told Jane Williams , Mrs. Sommers and Mrs. Small; I asked her if she had told her mistress; she said she was afraid she should be licked; I asked her what she did with her shift; she said she had washed it out that her mistress might not see it for she was so ashamed.

Elizabeth Small . I live in Petticoat-lane: this day fortnight was the first time I saw Martin; I went to Mrs. Sommers that evening for radishes; they were talking to this girl about what had happened to her; I asked her if it was true; she said yes; I asked her if she had any friends; she said she had a father at Barking that made nets for fishermen; I advised her to let him know of it; her father she said had been in town, but she had no opportunity to do it; I said if I was in her place I would let my father know, I would run away; she said she had no shoes but a pair of old men's shoes; then I said if she would go after breakfast next morning I would give her a penny; she said it must be before breakfast, for her mistress always had her out to market with her; she said she must not have the penny then, for they searched her every night, and would take it from her; then I proposed to leave the penny for her at Mrs. Sommers's house, and she was to call for it the next day. I asked her if her master used her very ill; she said he took her and threw her on the bed and hurt her very much; that her shift was very bad, and she took a little water and washed it out.

Alice Stolengreen . I am second cousin to the girl; when she came down to Barking she came to my house, and said she had run away from her master; that he had used her very ill, and lain with her. I made no further enquiry but went to the parish officer.

Elizabeth Rosindale . I am a midwife: I was sent for by the parish officers to examine the girl, to see if any violence had been done to her: it was last Tuesday se'ennight: I had no conversation with her. I examined her and found she had been ill used by some man; that her private parts were swelled a great deal, and very sore; they had been stretched a great deal, but there appeared no wounds nor aceration, there appeared to have been an inflammation; she said her master had lain with her.

Prisoner's Defence.

I know nothing at all about it. Her father, mother and aunt were at my house on the 8th of May, and asked her if she had any complaints against me or my wife; she said no she had not.

Q. Is your mother here?

Prisoner. No; she is an old woman and could not come.

Q. to Williams. What age is the prisoner's wife?

Williams In her thirty-seventh year.

Q. Does his wife and he live well together?

Williams. As well as most working people do.

Q. Has he any children?

Williams. She has two great boys and is big now.

For the prisoner.

Mary Gobens . I was in his house about six years as a lodger; I never saw any harm by him.

Q. Is he a married man?

Gobens. Yes.

Q. How many children has he?

Gobens. Two.

Q. Is his wife with child now?

Gobens. She thinks herself so.

Q. Do they live happily together?

Gobens. I do not know.

Q. Do you think he would attempt any thing of this kind?

Gobens. He never attempted any thing with me; I have let him in of a night.

Ann Payne . I have known him three years and a half; he is a very sober, honest, virtuous man; I have been in his company three hours alone; he never offered any thing to me.

Cross Examination.

Q. What are you?

Payne. A weekly servant.

Q. With whom do you live?

Payne. With James and Elizabeth Ashton .

Q. Do you know any thing of this girl?

Payne. I never saw her till she came apprentice .

Q. Does his wife and he live happy?

Payne. Yes.

Ann Welch . I have known him about seven years.

Q. Does he bear the character of a virtuous, sober, honest man?

Welch. All the neighbourhood cannot give him a bad one: I lived with the family; I wash and clean after them.

Q. to the Prosecutrix. Did you ever declare that the prisoner had lain with you another time upon a chair?

Martin. Yes.

Q. And did he?

Martin. Yes.

Q. Was it the same morning?

Martin. Yes; he told me he would make me a woman, and make me have great bubbies.

Q. Was it the same morning?

Martin. No, the next morning.

Q. Why did not you tell his wife?

Martin. I durst not because he threatened me.

Q. What time of the day was that?

Martin. About ten o'clock.

Q. Was his wife at home then?

Martin No .

Q. Was she gone to market?

Martin. I do not know where she was gone.

Q. I thought you used to go to market with her?

Martin. So I did every morning.

Q. Did you make no resistance on the chair?

Martin. He held my hands the same as he did before, and laid the back of the chair upon the bed.

Q. And you in the chair?

Martin. Yes.

Q. Your back was against the back of the chair?

Martin. Yes.

Q. What kind of a chair was it?

Martin. An open common wooden chair.

Acquitted .

413. (2d M.) THOMAS BALDWIN was indicted for stealing two half crowns, and twopence farthing in money, numbered , the property of Benjamin Walker , May 4th . ++

Benjamin Walker . I am a milk carrier : I went into a cow-house to take up my lodging; the prisoner lay with me in a hay loft; when I lay down I had my money in my pocket, wrapped up in a speech about a woman that murdered her husband; when I waked, the prisoner was up; I missed my money, and charged him with having it; he made off; I got up and pursued him, and charged the watch with him; he was taken to the round-house and searched, and the money found upon him all but a shilling.

William Bannister . I took the prisoner to the round house, and searched him; I found two half crowns, a shilling, and some halfpence upon him, wrapped up in a paper.

Prosecutor. I told the watchman before he searched, there was a Queen Ann's half crown.

Bannister. He told me; it turned out exactly as he said; there was a remarkable halfpenny; it has an Adam and Eve upon it. (The money produced and deposed to.)

Prisoner's Defence.

I picked up the money in the hay loft; I kicked it before me; I did not know what it was. There are a good many fellows lodge up in the hay loft as well as he and I.

Guilty . T .

414. (M.) GEORGE HARRIS was indicted for stealing a pair of silver knee buckles, value 4 s. and a pair of leather breeches, value 14 s. the property of Robert Careless , May 13 . ++

Robert Careless . I lost a pair of breeches and knee buckles out of my house; they were delivered by the prisoner to my wife.

Sarah Careless . I am the wife of the last witness. On the 13th of May I went out about ten at night, and returned in half an hour; I found the window up one-pair-of-stairs broke, and I heard somebody run up the other stairs; I ran out, called in some of my neighbours, searched the house, and missed the breeches and buckles out of a drawer. The prisoner is a soldier; I suspected him because he had robbed me before. I went to the king's guard at St. James's, and charged him with the robbery; he denied it; a woman who heard me, came up, aid he had offered a pair of buckles just before; then I again charged him with it, and he delivered me the buckles.

Susannah Langley . I was by when the prisoner was charged with the robbery; I did not see him give the prosecutrix the buckles, but as soon as she had them she gave them to me; the prisoner desired me to go to his mother, and tell her to bring the breeches next day to the Halfway house, that the prosecutrix might have them.

John Noaks . I took the prisoner; he said he did not do it himself, but said the breeches were sold to an old-clothes-man under the arch-way at the end of Strand-lane.

Prisoner's Defence.

I know nothing of the breeches; I found the buckles as I was going to my mother's with some things to wash.

Guilty . T .

415. (M.) ANN STEPHENSON , spinster, was indicted for stealing a pair of silver salt holders, value 40 s. a sattin cloak, value 1 l. 3 s. two silk gowns, value 3 l. a black russel petticoat, value 20 s. a laced handkerchief, value 6 s. a silk handkerchief, value 2 s. a cotton bed gown, value 18 d. a check apron, value 1 s. a linen shift, value 2 s. and a linen cap, value 1 s. the property of Margaret Caton , spinster, in the dwelling house of Henry Smith , Feb. 16th . ++

Margaret Caton . I lodge at Mr. Smith's, a confectioner, at Marybone ; the prisoner was my servant . On the 16th of February I went out about eight at night and left her in the room; I returned about ten; the prisoner was gone, and I missed the things mentioned in the indictment; I saw no more of her for two months. When I took her she directed me to the pawnbrokers where I found the things.

Q. from the prisoner. Did you leave me in the room?

Caton. No; she was gone of an errand when I went out; I gave her the key and sent her home.

William Allen . The prisoner pawned this cardinal with me for twenty-five shillings (producing it.)

James Pagett . I am a pawnbroker (produces a bed gown, a handkerchief, and a pair of salts); the salts were pawned with me by the prisoner; the other things by another person.

Prisoner's Defence.

When I came to live with Mrs. Caton, she said she had been robbed, and had a great suspicion of her landlord, and said if I would take the things and pawn them, she would make her landlord pay for them; she is a woman of the town.

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

416, 417. (M.) SUSANNAH ATKINS, otherwise ATKINSON , and ANN CORT , were indicted for stealing two silk gowns, value 10 s. a poplin gown, value 3 s. four linen bed gowns, value 2 s. a dimity petticoat, value 2 s. two baize petticoats, value 2 s. seven linen shifts, value 7 s. a cloth coat, value 4 s. a cloth waistcoat, value 2 s. a pair of fustian breeches, value 2 s. three yards and a half of superfine broad cloth, value 30 s. three yards of muslin, value 6 s. four linen curtains, value 8 s. a child's dimity robe, value 1 s. two children's dimity mantles, value 1 s. a child's dimity petticoat, value 6 d. two children's flannel petticoats, value 1 s. and a child's laced cap, value 2 s. the property of William Draper , April 16th . ++

William Draper . I live in Red Lion Passage, Red Lion Square . On the 16th of April, between seven and nine o'clock, my dining room door was opened; I believe the lock was picked and the things were taken out of a drawer; the locks of the drawers were picked; I had not seen them for some time before.

Elizabeth Draper . I am the wife of the last witness. At half after six, on the 16th of April, I locked the dining room door; about nine o'clock a lodger told us the door was broke open; I went up, and found it open, the locks of the drawers broke, and the things taken out. I opened the drawers about half after six, and saw the things there then.

Henry Wild produced a coat, waistcoat and breeches that were pawned April the 16th, about nine at night, and an apron, petticoat, two gowns, and a piece of muslin pawned the 18th, by the prisoner Atkinson, who said she brought them from a gentleman at Clerkenwell-green. (The things deposed to.)

John Taylor . These four blue and white window curtains (producing them) were pawned with me on the 18th of April by Mary Walker .

Mary Walker . I received the curtains of Cort to pawn.

Elizabeth Robinson . The prisoner Atkinson came to my lodging and brought some curtains with her, and said she had been to see for Mrs. Ironson, who lodges at next door, but she was not at home; she said she would stay till Cort came: Cort came up just after, and then she asked me to pawn the curtains; I said I would not; then she desired me to call Mary Walker , and got her to pawn them; I said I would, but did not chuse to do it myself.

Atkinson's Defence.

I know nothing of the matter.

Cort's Defence.

As I was coming home I met Atkinson; she asked me to go and take a walk with her; she said she had some curtains to pawn for a person; I went with her, and she asked me to go in and pawn them.

Cort called four witnesses, who gave her a good character.

ATKINSON guilty . T .

CORT acquitted .

(M.) They were a second time indicted for stealing two cloths, value 8 s. a cloth waistcoat, value 3 s. a pair of velvet breeches, value 3 s. five linen sheets, value 5 s. two cotton gowns, value 4 s. a lawn apron, value 3 s. a child's linen jamb, value 2 s. three linen shirts, value 2 s. and a linen shift, value 1 s. the property of Francis Hayes , April 9th . ++

Francis Hayes . I live in Red-Lion-street, Holborn ; my door was broke open, and the things mentioned in the indictment were taken away on the 9th of April.

Elizabeth Hayes . I am the wife of the last witness. On the 9th of April I went out at six o'clock; all the things mentioned in the indictment were then safe in a box; I returned between ten and eleven, and found the door open, the box open, and the things gone.

Henry Wild . I received two coats, a waistcoat, a pair of breeches, and three sheets of the prisoner Atkinson, in the name of Mary Atkins . (They were produced and deposed to by Elizabeth Hayes .)

Atkinson' Defence.

I know no more of it than the child unborn.

ATKINSON guilty . T .

CORT acquitted .

418, 419, 420. (M.) WILLIAM COOPER , JOSEPH ROGERS and RICHARD PATTEN were indicted for coining and counterfeiting a piece of copper money of this realm, called a halfpenny, against the statute .

Second Count for coining and counterfeiting a piece of false and counterfeit money to the likeness and similitude of a halfpenny, against the statute, April 30th . *

Charles Peak . I know the prisoners.

Q. Where does Cooper live?

Peak. In New Court , going to Islington; I came to London from Birmingham at Christmas last; coming along Long-lane, I met the three prisoners; the two first are Birmingham-men; we dropped into discourse; we went into a publick house to drink; Rogers was much in distress; he and I agreed to go to work at plated buckles in regard to partnership; I worked a month or six weeks; when all our money was gone, Rogers said he was going to work for Cooper at making halfpence, and I might go too if I would; I did not intend it then, but getting afterwards into distress I went.

Q. When did you go to work with him?

Peak. About six weeks ago I believe; the first house we worked at was in New Court; that was Cooper's house; we were to have twenty seven shillings a week and our board.

Q. What was Patten and Rogers to have?

Peak. The same. We used to cut them out and press them with a great press; we used to buy the copper and so finish them: we bought the copper on Snow-hill, in large sheets, about three-quarters of a yard long, and about the thickness of a common counterfeit halfpenny, and about fourteen or fifteen inches wide. We cut them out, scowered, pressed, stamped, and finished them.

Q. Who used to cut them out?

Peak. Rogers mostly; Cooper used to lay them in the press.

Q. Who struck the dye?

Peak. Cooper used to make his own dyes himself. I have stood by him an hour at a time while he has made them; he had but one pair made at first, whether he made any more after that I cannot say. Patten and I were at the fly.

Q. In what part of the house were these implements kept?

Peak. In the cellar; we used to work at the heavy work.

John Heley . I went to New-court, St. John's-street, on the Saturday, I believe the 30th of last month; I am not certain to the day; a woman who calls herself Cooper let me in; I saw her and a little boy about ten years of age; I saw neither of the prisoners there at that time. I found in the house these four pieces of copper in a corner cupboard in the parlour; I found nothing else. Mr. Clark and Mr. Phillips went with me; they made a further search both up stairs and below; Cooper came in about three quarters of an hour after we had been in the house; we secured him.

Q. Did the other prisoners come in?

Heley. No.

Q. Did he say any thing?

Heley. He was confused at being charged with that crime; he did not say any thing. We left the press and things standing as they were and locked up the house. On the Monday following I went again and took down the press, and in the bottom of the press I found thirteen halfpence; at the cutting out press I found these three blanks.

John Clark . I was employed in making this search on Saturday the 30th of April. The witness (Peak) was sent from Coventry with an information made before a magistrate there; in consequence of that we went to the house of Mr. Cooper; when I knocked at the door his wife opened it; she was a little troublesome; I took her to New Prison; we waited till the husband came home; he was taken into custody, and in the cellar I found a large press to coin, and a cutting out press, both of them fixed.

Q. For what?

Clark. Halfpence I believe, by what I found, the reverse of the dye of a halfpenny, fixed in the press; the other stood on the window, and the halfpence found in the house appear to have been struck from this dye; there is a crack upon the head side, which is upon the counterfeit halfpence. Upon the stairs I found some copper (produces several slips of copper); here is some cessil of the same sort. I found this dye fixed in some cement; here are the impressions struck; these halfpence do not correspond with the dye; they were stamped before the dye was cracked.

Q. Are they counterfeit halfpence?

Clark. Yes; the blanks are smaller than the halfpenny, because the stamping of the impression of course spreads it something.

Cooper's Defence.

As this evidence is so strong against me, I leave myself entirely to the mercy of the Court; I have a large family. I beg for a merciful sentence.

Rogers's Defence.

This Peak and I were in partnership in the buckle business; he said he had worked at the cock-making business; I did not know what he was gone to; he left the business to me; I was to have one third of the profit of the buckle business; he used to come now and then to see how the business went on; there is a person in court worked with me till the 23d of April; his name is Woodhouse. I never worked for Cooper in my life, except I worked with him at one Bailey's a good many years ago; this Peak took an opportunity on the 21st of April, when I was gone to my breakfast; I live at the Wheatsheaf, in Oxford-road; he came to my shop; he knew where the key was; he took the key, and locked up my door; I went to his lodgings; I saw the woman he kept; she said he had turned me out of the shop; he said no work should be done because I owed him some money. I gave myself no great concern to look after him for fear of being arrested; the next news I heard was, that he had sold the tools. From thence I went to live at Islington, at the Boot; the Sunday following they came and took me out of the room, searched my pockets, and my wife's, and the drawers; they could not find any thing; they took me with them, but this evidence's sister used to come to me to the shop, to persuade him not to keep company with this woman he lived with; I endeavoured to persuade him off but could not.

Patten's Defence.

I am innocent of the fact; I know nothing at all of Peak; I had about six or seven weeks acquaintance with him, doing buckles for Peak and Rogers. The house I live in is in White-cross-street, where I was taken from.

For Rogers.

John Cogens . I saw Rogers the 21st of last month; he complained he could not get in to work, at his apartments in St. Ann's-court, Soho; I have been in his company several times before; I have seen him at his daily labour; I have been at his shop several times; I always saw him; I know no further but that he is an honest man; I have seen him daily several days; I have breakfasted, dined, and supped, and kept company with him till nine, ten, or eleven o'clock at night; I never saw him out of his business.

Q. You used to be with him all day long?

Cogens. From eight in the morning till ten at night.

Q. Did you work with him?

Cogens. No. I was troubled with the stone; he advised me to go to Dr. Chadwick. I have been out of employment a vast long time, and have had nothing to do. I stood in the shop and saw them at their plate-buckle-making: I was obliged to stay till between twelve and one before I could see Dr. Chadwick. They had beer at different times: I was out of employment and not capable of carrying on the peruke-making business: I served my time in the Temple.

Q. How came you to think of the 21st of April?

Cogens. That was the time his shop was locked up.

Q. You know nothing of him from that time to this?

Cogens. None.

Francis Dickens . I have known him thirty years: I always thought him an honest industrious hard working man.

Edward Lunn . I have known him nine years; he is a hard working industrious man.

Charles Lee . I have known him eight or ten years; I never heard his character impeached in my life; he has worked in a shop I did; he has always bore the best of characters.

Q. How long is that ago?

Lee. About three months. I have been at his shop in St. Ann's-court about six weeks or two months ago; I saw him at work.

Q. Was Peak once at work there with him?

Lee. Yes.

Q. How long has his shop been shut up?

Lee. I have not been at it since.

COOPER guilty .

ROGERS acquitted .

PATTEN acquitted.

[Branding. See summary.]

[Imprisonment. See summary.]

421. (M.) JOSEPH EVERETT was indicted for breaking and entering the dwelling house of George Wood , gent . on the 28th of March , about the hour of twelve in the night, and stealing a pistol mounted with steel, value 10 s. two pair of linen sheets, value 20 s. a white cotton counterpane, value 20 s. three linen breakfast clothes, value 3 s. two woollen blankets, value 10 s. three china bowls, value 10 s. a china tea pot, value 5 s. five glass castors with three silver tops, value 10 s, a black ebony frame, value 5 s. a cocoa nut cup with a silver rim, value 5 s. a linen cover for drawers, value 3 s. and two yards of muslin, value 3 s. the property of the said George; five yards and a half of black ruffel, value 13 s. a white quilted linen petticoat, value 6 s. another linen petticoat, value 4 s. a linen shift, value 6 d. a pair of muslin ruffles, value 6 d. a yard of muslin, value 5 s. half a yard of other muslin, value 2 s. three lawn aprons, value 1 s. two yards of white silk hatband, value 4 s. two linen under petticoats, value 4 s. three yards of old shirt linen, value 2 s. a linen pillow bier, value 6 d. seven yards of linen cloth, value 7 s. a blue and white linen gown, value 10 s. a flowered linen petticoat, value 3 s. a check linen apron, value 1 s. and a muslin apron, value 8 s. the property of Mary Pettit , in the dwelling house of the said George Wood . *

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

Mr. George Wood . I have a house at Hampstead, but generally reside in the Temple; I go to Hampstead of nights.

Q. But inhabit that house?

Wood. Yes.

Q. Are you an attorney?

Wood. I am a special pleader ; I am of the Middle Temple Society.

Q. But you are an attorney?

Wood. No, I shall be called to the bar speedily. On the latter end of March last, my house at Hampstead was broke open, and a great many things lost; it was on the 28th or 29th of March, Monday or Tuesday; I had been at Kingston Assizes; I came home on Monday; my housekeeper came to town on Monday night, and did not return again till Wednesday; she left every thing safe when she came away; she came away I believe on Monday; there was no servant in the house when it was done; on Wednesday the 30th I went to Hampstead on horseback, and my housekeeper and servant girl went by the stage coach; we got there about eight at night; they had just got there; they told me they found the street door was bolted on the inside, and they were afraid the house had been robbed; I went to the door and found it to be so; then I ordered one of them to go to one of the servants of Mr. Sewel, and go in the back way at my back garden, and get in at the back door; the servant did go; there was a little alarm made, and some of the people might hear we were in a consternation; Mr. Sewel's servant got a ladder and got into my back garden; the back door was shut but not locked; he unbolted the door and I went in with the housekeeper and servant; I found somebody had been in the house and committed great devastation, broke many things to pieces and plundered the house; the pannel of the parlour door was very near broke; there was some china in a beaufet, and other things; they had broke the glass and cut down by the side of the lock so as to get a poker in which was there, which seemed very much strained by attempting to break open the door; there were a great many drops of blood upon the floor, so I suppose one of the thieves cut themselves.

Q. Which way did they get in?

Wood. They had begun untiling part of the house, but finding the timbers too close, they desisted; they got in at the cellar window of the adjoining house which is unoccupied, got along a parapet wall and in at my garret window. I lost all the things mentioned in the indictment ( repeating them); I had seen some of them about a week or ten days before; I left Mrs. Pettit and the servant in the house when I went away; some of the things were found in the possession of Mrs. Ripley, at Wandsworth; I had a search warrant to search Everett's house; Sir John Fielding sent to inform me he had a pistol which he thought was my property, which it is; I searched his house about the 9th of April, and Mrs. Miller's house in the Ambury, Westminster, who is his sister; in his house I found a bowl which I can swear is my property.

Q. What is Everett?

Wood. He had a shop for melting silver; as soon as the robbery happened I applied to Sir John Fielding to have hand bills distributed, and a week after that I received intelligence that my pistol was found at Everett's; upon this I got a search warrant and found my pistol there; it was in the possession of Mr. Wright; (a bowl produced and deposed to by Mr. Wood), it had been broke, and a piece rivetted in.

Henry Wright . I had an information against his sister Mrs. Miller in the Ambury, for receiving some fowls that had been stolen; I went to search her house, there I found the prisoner with this pistol in his hand (producing it).

Mr. Wood. I can swear to the pistol; I bought it in Germany, it has the maker's name upon it; it has no trigger, but a button that presses down when it is fired; I never saw another of the kind; I have bullets that fit it; I am sure it is mine; I left it in my house when I went to Kingston.

Mary Pettit . I am housekeeper to Mr. Wood; I left the house on Monday the 27th of March, about six o'clock, and came to town; I returned on Wednesday the 29th; I left the house locked and secured; all the things mentioned in the indictment were in the house; they were of my own putting up; I had the care of every thing; when I returned on Wednesday I found the house broke open; the garret window was open, and the dining room inside shutter was open; the street door was bolted on the inside; I could not get in; afterwards when we got in we found all the things were thrown about the kitchen, the dining room door was broke open, a pannel of the door was broke; the parlour door was not broke; but I believe the lock was picked; I know that was locked, I had the key in my pocket; the beaufet door was broke all to pieces; there was blood on the floor, and on a candlestick and on a chair; the glass of the beaufet door was broke; I know the pistol, I have cleaned it many a time.

Joseph Cumber .

Q. How old are you?

Cumber. Going of fourteen.

Q. Do you know the nature of an oath?

Cumber. Yes.

Q. What would become of you if you was to swear false?

Cumber. If I was to swear false I should go to hell; I live in the Ambury with my dadda and mamma; Mrs. Everett the prisoner's wife brought a bundle of goods to our house one night; they live opposite our house; she bid me take care of the bundle because there was china in it; I put it in the cupboard for safety; I did not see what was in the bundle.

John Heley . On the 6th of this month I received an information that a bundle of things was carried from the prisoner's house to Mr. Cumber's in the Ambury; I went and asked for it, and Mrs. Cumber fetched it down stairs; there were these three bowls in it, that are produced.

Mrs. Pettit. I bought the other two bowls, I know them very well. (The bundle produced).

Q. to Cumber. Is that the bundle that was brought to your house?

Cumber. It looks like it.

Mary Pettit . The things in the bundle are my property, all but the covering of the drawers and a piece of muslin; they are Mr. Wood's.

John Heley produces a blanket, he found folded up on a table in Everett's house, which Mary Pettit deposed was Mr. Wood's property.

John Nokes . On the 6th of this month I went to Wandsworth with Mr. Wood on the information of one Rose, and found this bundle of things (producing it) at one Mrs. Ripley's; we went first to her son's, Samuel Ripley 's; he said he knew nothing of it; I left Mr. Wood at his house and went to Mrs. Ripley's; there I found these things (producing a china tea pot, a cruet stand with glasses and silver tops, and some linen); she said she had them of her son, and gave him two guineas for them.

Mary Pettit deposed they were Mr. Wood's property.

Ann Ripley . I am a tallow chandler at Wandsworth; my son brought the things to me from Mr. Everett; I gave him two guineas for them.

Samuel Ripley . I am son to the last witness; the prisoner is an acquaintance of mine; about a fortnight before Easter I happened to be in town; I called upon him; he said he had a bundle to send to my mother and would be obliged to me if I would take it; I inadvertently took it to her; he told me the price of it was two guineas; the next time I came to town I brought him the money; I carried the bundle to my mother, and the next time I came to town she gave me two guineas to pay for them, and I paid it to Everett.

Q. Did you know your mother used to deal with this man?

Ripley. No, I do not know she ever did before; she sells some other little articles besides candles.

Q. to Ann Ripley . Did you buy these things to sell again or for yourself?

Ripley. For myself.

Mary Pettit . She bought them at a fair price, she gave about the worth of them.

Samuel Ripley .

Q. How long have you known the prisoner?

Ripley. Five years; I never knew any thing dishonest of him; he works in the silver way for the glass shops.

George Worthy a pawnbroker produced a bundle containing a gown, five yards and an half of callimanco, two sheets and an apron and some linen that he took in pawn of the prisoner's wife; some were pawned the 30th of March, and some the 13th and 14th of April.

Mr. Wood. I called at his house on the 9th of April, and read the whole account of the things, and he denied having any of them.

Worthy. I knew Mrs. Everett; I had no suspicion of her; she pawned them in her own name.

Henry Legg . I live at Mr. Steel's, a pawnbroker's in Tottle-street; I have a bundle of things that were pawned by Mrs. Everett and her brother; they were pawned in the name of Mrs. Everett; (they were produced, and deposed to be Mr. Wood's property by Mary Pettit ).

Blansford Clarke. I am a constable; I went after some fowls to the prisoner's sister; the prisoner was there; he produced a pistol and said he wished it was loaded for my sake; I went to Sir John Fielding 's and gave information of the pistol; Heley said he believed it was one of the pistols taken from Mr. Wood; Heley and I went on the 10th of May and searched his house, and found two sheets on the bed, a blanket and some linen in the drawers, and a piece of muslin.

Mary Pettit . These are Mr. Wood's property; I was at the finding of them; I was twice at the searching of the house.

Prisoner's Defence.

A man brought the things to me and desired me to make the most of them I could for him; I went with Mr. Wright to a public house to apprehend him, and he had been gone four or five minutes.

Wright. When I took him he said if Sir John would admit him an evidence he would discover some persons that had committed several robberies; and said that a returned transport whose name was Simmons had some of Mr. Wood's property; Sir John said he would not admit him an evidence till the other people were apprehended, till then he must stand upon his own footing; we went after this Simmons to a public house in St. James's market, but could find nothing of him; we heard a person had been there with a bundle; the goods were found by Mr. Nokes, on an information of one Rose who lived with the prisoner's sister; they had a fall out, and the brother wanted to be an evidence against the sister, and the sister against the brother, and so it came out.

For the prisoner.

Esther Becket . I was at the prisoner's house the 30th of March about seven in the morning, and found his child dead; his wife asked me to stay to breakfast; he came down about nine o'clock, there came in two men genteely dressed with two bundles of things, and asked him to buy them; he said he would not; then they asked him to pawn them or sell them for them; he said but little to that at first, being cast down on account of the death of the child; afterwards he said he would if he could, and they left them. My husband is a breeches maker; we live in the New Way, Westminster, about four doors from the prisoner.

Elizabeth Freeherring . I have lodged in the prisoner's house a year and an half; I remember his child being ill; it was ill six weeks and died; I cannot rightly tell the day of the month, the 30th of March to the best of my knowledge.

Q. Was the prisoner able to go out then?

Freeherring. Not very well; he took on very much on account of the loss of his child.

Q. Was he much out that at time?

Freeherring. He was not out for three days together; I cannot say whether it was before or after the 30th of March; he was able to go out before the death of his child, but was not out.

Cross Examination.

Q. Have you never said that you did not know any thing of the matter, whether he was out or no before the child died?

Freeherring. No.

Mr. Wood. She told me so, and said she lived up two pair of stairs backwards.

Freeherring. I did say so; I did not know whether that was the gentleman or no.

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

Not guilty of breaking and entering the dwelling house, but guilty of stealing the goods in the dwelling house .

Death .

422. (M.) MARY SUGGS, otherwise PRESTON . was indicted for stealing four check curtains, value 2 s. a black-sattin cloak, value 1 s. a pair of silver buckles, value 5 s. three linen shirts, value 4 s. a linen handkerchief, value 3 d. a cloth coat, value 3 s. a white linen gown, value 2 s. two pair of cloth breeches, value 4 s. a black petticoat, value 6 d. a linen gown, value 1 s. a linen handkerchief, value 3 d. a pair of worsted stockings, value 1 s. two linen neckcloths, value 2 s. a pillow case, value 6 d. and a pair of white cotton stockings, value 6 d. the property of Thomas Mahoney , May 4th . ++

Thomas Mahoney . I am a smith and farrier at Hockley in the Hole ; the prisoner lodged about three weeks in my house; when I missed the things I charged her with stealing them; she owned it, and said she pawned them at different pawnbrokers; they were kept in boxes and drawers; I had not seen them a long time before.

Several pawnbrokers produced the different articles, and they were deposed to by the prosecutor.

Prisoner's Defence.

I hope the court will take it into consideration; they extorted my confession from me with a promise of forgiveness; Mr. Mahoney said he did not want to hurt me, he only wanted to know where his things were.

Prosecutor. I never made her any promise.

Guilty . T .

423. (2d M.) JOHN EASON was indicted for stealing a nankeen gown, value 2 s. a silk gown, value 1 s. a linen gown, value 4 s. a flowered lawn apron, value 1 s. a pair of linen shift sleeves, value 1 s. three yards of silk ribbon, value 15 d. a silk handkerchief, value 18 d. a linen shift, value 1 s. and a laced lawn cap, value 1 s. the property of Sarah Croker , spinster, April 30 . +

Sarah Croker . I am servant at the Bee Hive, Nightingale-lane . I missed my things on Saturday the 30th of April; I saw them in my chest of drawers the Thursday before; the drawers were not locked. I afterwards saw one of my gowns hanging up at Mrs. Prat's.

Martha Prat . I keep an old clothes shop in Long-alley, Moorfields: I bought this gown of the prisoner ( producing it) on Saturday the 30th, in the morning. I bought a lawn apron, two pair of sleeves, a cap and a silk gown; I have sold all the rest of the things. The prisoner, and his wife, and child, came all together to sell them; he said he was just come out of the country and sold them through necessity.

Prisoner's Defence.

I keep a cobler's stall , buy old shoes in the fair, and sell them again. I exchanged shoes for these things in the fair. As soon as I heard my wife was charged, I went and gave myself up.

Guilty . T .

424, 425. (M.) MARY EDWARDS and JANE BROOKS were indicted for stealing a pair of linen sheets, value 8 s. the property of Miles M'Cave , being in a ready furnished lodging let by contract to the said Mary Edwards , April 24th . ++

Both acquitted .

426. (M.) SARAH TURNER was indicted for stealing a black crape gown, value 6 s. the property of Elizabeth Gee , widow, May 11 . ++

Acquitted .

427. ( 2d M.) EDWARD GOSWELL was indicted for stealing a bank note, value 20 l. the property of Thomas Dowe , in his dwelling house , Feb. 23 d .

Second Count for stealing ten guineas, and five pounds in money, numbered, the property of the said Thomas Dowe , in his dwelling house, Feb. 23d. +

Acquitted .

428. (2d M.) CHARLES KING was indicted for stealing two silver table spoons, value 10 s. the property of the Right Honourable John Earl of Darnley , April 20th . *

Acquitted .

429. (M.) MARGARET MONRO was indicted for stealing a scarlet cardinal, value 5 s. four yards of black shalloon, value 4 s. a linen shift, value 3 d. half a yard of flowered stuff, value 18 d. half a yard of lawn, value 18 d. a flowered apron, value 4 s. a piece of printed cotton, value 1 s. a white dimity petticoat, value 2 s. two linen caps, value 1 d. three silk handkerchiefs, value 3 s. a silk and cotton handkerchief, value 1 s. and six silver tea spoons, value 6 s. the property of Jane Johns , widow, May 19th . ++

Jane Johns . I am a widow, and live in Drury lane ; I was down stairs; the prisoner was taken by my landlady upon the stairs with the things in her lap; I saw the things in the room just before. (The goods mentioned in the indictment produced and deposed to by the prosecutrix.)

Mary Sexton . I stopped the prisoner on the stairs, asked her where she had been; she said up stairs; I asked what she had in her apron; she said nothing of mine; she had the cloak about her shoulders and the rest of the things in her apron.

Prisoner's Defence.

I am big with child: necessity drove me to it.

Guilty . T .

430. (M.) GEORGE CROSS was indicted for stealing eight pounds and a half of beef, value 3 s. the property of John Bliss , May 1st . ++

Acquitted .

431. (M.) WILLIAM CASTELLO was indicted for stealing an iron spade with a wooden handle, value 2 s. and four shillings in money, numbered , the property of Timothy Levell , May 18 . ++

Acquitted .

432. (M.) ROBERT HUNTER was indicted for stealing a linen pocket, value 1 d. a sixpence, and fourteen halfpence , the property of Elizabeth Newbery , spinster, April 24th . ++

Acquitted .

433. (M.) RICHARD LEE was indicted for having in his custody and possession a certain paper writing with the name Samuel Harriss thereto subscribed, purporting to be a promissory note, bearing date the 16th of April 1774, and purporting to be the promissory note of Samuel Harriss , and which said paper writing is to tenor following, that is to say,

Three weeks after date I promise to pay to Thomas Wilson , or order, the sum of two pound ten shillings, for value received, by me

Harrow,

Samuel Harriss .

April 16, 1774.

and that he, the said Richard, on the same day, and at the same place, did forge and counterfeit, under the said promissory note, a certain receipt for money, to wit, for two pounds ten shillings in the said promissory note contained, and which said receipt is to the tenor following,

May the 16th, Received the contents,

Abraham Favor .

with intention to defraud Thomas Wilson , against the statute.

Second Court for uttering and publishing the said receipt, with the like intention.

Third Court the same as the first, only with intention to defraud Samuel Harriss , against the statute, May 16th . ++

Acquitted .

434, 435. (L.) ROBERT JONES and THOMAS CLIFF were indicted for stealing a linen handkerchief, value 10 d. the property of Benjamin Cartwright , April 18th . *

Benjamin Cartwright . Mr. Need stopped me, and said he saw Jones pick my pocket; we went after him and found him the same evening with my handkerchief about his neck.

Thomas Need . Looking out of my one-pair-of-stairs window, I saw Jones pick Mr. Cartwright's pocket; the other prisoner was with him; they both made off; I called after the prosecutor but could not make him hear; as he came back I stopped him, and told him his pocket was picked; we went after them, and took Jones with the handkerchief about his neck.

Jones's Defences.

I found the handkerchief.

He called two witnesses to his character.

JONES guilty .

CLIFF acquitted .

[Transportation. See summary.]

436. (L.) MARY DAVIS was indicted for stealing eighty yards of silk ribbon, value 25 s. the property of Mary the wife of William Smith .

There was another Count laying it to be the property of William Smith , May 13th. *

Mary Smith . I am the wife of William Smith : I keep a haberdasher's shop in Cheapside ; I am a sole and separate dealer; my servant informed me the prisoner had taken a piece of ribbon; he stopped her as she was going away. I sent for a constable; she was searched, and six pieces were found upon him, and one piece she produced before the constable came. It is hardly possible to swear to the ribbons because we do not mark them; I believe them to be mine; she went down on her knees, and said she never did so before, or never would again; I thought that an acknowledgement of it.

Samuel Robertson . I am porter to Mrs. Smith; the prisoner came in and asked for some ribbons; while she was looking over the ribbons I saw her put a piece into her pocket; I called my mistress, and one of the gentlewomen told her of it. I stopped the prisoner and went for a constable, and he said it was proper for the maid to search her.

Mary Puller . When the constable came I was ordered to go up stairs and see her searched; when she was undressed, six pieces of ribbon were taken out of her pocket; I remember seeing one of the pieces particularly that day in the box.

Prisoner's Defence.

I know nothing about it; when they took my pockets off first, there was nothing in them; afterwards they said the ribbons were in them.

Guilty . T .

437. (2d M.) JAMES AYRES was indicted for stealing a silver watch, value 30 s. a steel watch chain, value 4 d. and a steel watch key, value 1 d. the property of William Mason , May 15th . +

Acquitted .

438. (L.) WILLIAM DAVIS was indicted for stealing 8 lb. wt. of stone coloured paint, value 10 d. the property of Henry Horth , May 13th . *

Acquitted .

439. (2d M.) CATHERINE WIGMORE, otherwise WHITE , was indicted for stealing four hats, value 5 s. the property of Charles Whitehead , April 29th . ++

Acquitted .

440. (2d M.) ANN BURROWS was indicted for stealing ten shillings in money, numbered, the property of John Lawler , privately from his person , May 2 d .

Acquitted .

441. (2d M.) WILLIAM LEE was indicted for stealing a silver watch, value 20 s. the property of Samuel Calver , May 10th . ++

Acquitted .

442. (M.) WILLIAM ETKINTON was indicted for stealing a brass chamber, value 15 s. the property of William Avory , April 18th . ++

Acquitted .

443. (M.) SARAH SMITH was indicted for stealing a canvas purse, value 1 d. a brass ring, value 1 d. and six shillings in money, numbered , the property of Charles Norton , May 1st . ++

Charles Norton . On the first of May, about twelve at night, I picked up the prisoner in George-yard, Whitechapel ; I agreed what I should give her for the night's lodging, and went to bed with her; when I was asleep she got up and picked the rest of my money out of my pocket; there was nobody else in the room; I waked about ten minutes after twelve and she was gone; I took her about half after one in a passage, and took her to the watch-house; she was searched, and the money found loose in her pocket and the purse on the ground beside her in the watch-house. There was one shilling which had two dents in it that I can swear to.

Charles Earle . The prisoner was brought to the watch-house and searched, and the money found upon her, and the purse lying by her. There was a new sixpence, and a shilling which had two knotches in it, which the prisoner said was his.

Prisoner's Defence.

What this man says is as false as God is true.

Guilty . T .

444. (L.) WILLIAM JONES was indicted for stealing one hundred and fifty five yards of linen cloth, value 9 lb. 12 s. one hundred and seventy seven linen handkerchiefs, value 16 l. 17 s. five muslin handkerchiefs, value 13 s. thirty six cotton handkerchiefs, value 3 l. 9 s. twenty six yards of muslin, value 4 l. 8 s. thirty two yards of lawn, value 3 l. 17 s. two pieces of printed linen, containing forty eight yards, value 4 l. 14 s. a piece of printed cotton containing twenty eight yards, value 50 s. two table cloths, value 12 s. and a linen pillow-bier, value 1 s. the property of Peregrine Hogg , in his dwelling house , Jan. 31st . *

Peregrine Hogg . I am a linendraper in George-yard, Lombard street ; the prisoner came to live with me on the 8th of Dec. 1773, and continued with me till the 31st of last January; then he left my service and went to live with Mr. Felix Smith a linendraper at Aldgate; he lived there two months and then left him; the latter end of last month or the beginning of this, Mr. Smith came to me and asked if I had any suspicion of the prisoner's honesty; I said no, in a large shop like mine it is impossible to miss little things; Mr. Smith having a suspicion of him took him before Sir John Fielding ; there two pieces of cloth were taken out of a box which were supposed to be mine; Mr. Smith sent me word of this, and about a fortnight ago I went with Mr. Smith to one Lewis's a publican's on Black Friars Bridge; there we found a box containg two pieces of Irish cloth, forty seven yards, a piece of long lawn, thirty two yards, a piece and half a piece of muslin, twenty six yards, five muslin handkerchiefs, three dozen of cotton handkerchiefs, forty eight yards of printed linen, a piece of cotton, twenty eight yards, a piece of check, forty three yards, a pillow-bier and one hundred and twenty five linen handkerchiefs; the box was opened at Sir John Fielding 's; (the goods were produced in court and deposed to by the prosecutor); they have the printer's marks on them; one eighteen, another fifty three, besides my own private marks; there was another box found at one Price's, containing some linen cloth that I know to be mine, it has my mark upon it; the box found at Lewis's is a box I had given to the prisoner, it has the factor's name on it; I had it from London, and the person's name from whom it is consigned in Ireland; the initials of the factor's name P. F. and the initials of the person's name in Ireland C R.

John Evans. The prisoner lodged at my house a fortnight ago, for about a week, I live on Snow-hill; one Lewis brought this box to our house that is produced; Lewis lodged at my house, then he took it to his own room; my house is let out in lodgings; after the prisoner was gone it was carried to Lewis's house; the prisoner gave orders for it to be carried there; it was at our house six weeks or more before Jones came, for what I know; I am sure that is the same box; I carried the small box to Price's.

John Price . The prisoner came to lodge with me about two months ago, for about a week; I keep the Yorkshire Grey in Gray's Inn lane; he sent a box to my house about a fortnight ago last Tuesday; I was not at home; I never saw the box till a man came to my house and said I must go to Sir John Fielding 's; I bought some cloth of him about a month ago, that he said was burnt.

Jane Price . I am wife of the last witness; Evans brought a box to our house; he said he came from the prisoner.

Evans again, I carried the box to Mr. Price's on Tuesday fortnight.

Price. It was brought to our house a fortnight yesterday, corded round and nailed; I never saw it opened; it was put in the room where I lay.

John Price . Mr. Phillips and Mr. Smith came to my house and went into my room and saw the box as soon as I did; they opened it, there was some linen handkerchiefs in it.

Felix Smith . I was not at the opening of the box that was found at Lewis's; I was at the opening of the other; I saw two pieces of Irish cloth, and the handkerchiefs in it.

Percival Phillips . I was at the opening of the box at Price's; the things were in the box as they are now (producing it); Mr. Jones's name was on the box; when he came before Sir John he owned the box and some of the things.

Watts Wilkinson , apprentice to the prosecutor, also deposed that the goods were his master's property.

Robert Moore . I am a constable; I took the prisoner at Mr. Dyson's in Bucklersbury; when I took him to Sir John's and charged him with stealing the goods, he said he knew nothing of the matter, if I had a suspicion he would deliver up the keys of his own trunks which were at Mr. Evans's at Snowhill; in one of the trunks there was a direction that led to a discovery of the boxes in which the things were found.

Prisoner's Defence.

My master said if I would tell where the goods were he would forgive me.

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

Guilty. Death .

Recommended by the prosecutor to his Majesty's mercy .

445, 446. (2d M.) JOHN EAST and SARAH EAST were indicted; the first for stealing two linen shirts, value 8 s. and a muslin neckcloth, value 1 s. the property of Edward Willoughby , April 22d . The other for receiving the same goods well knowing them to have been stolen . ++

Acquitted .

447. (2d M.) ABRAHAM LEER was indicted for stealing 200 lb. wt. of starch, value 5 l. the property of Simon Hilt , April 20th . ++

Simon Hilt . I am a starch-maker at Bromley . On the 18th of April I was informed the prisoner had sold some starch in my name; I got a warrant and took him in Chamber's-street, Goodman's-fields; he said if I would let him go about his business he would tell me where he sold the starch; he confessed he stole it from me, and sold it to Mr. Deastill; he said he came into the premisses and took it out of the stow at twelve o'clock at night.

Richard Stock deposed that on the 18th or 19th of April, the prisoner offered him some starch, but he did not buy it.

Joseph Deastill . The prisoner came to my house with two papers of starch, said he brought a load from Mr. Hilt, and had had the misfortune to let it fall, and asked me to buy it of him, which I did.

The prisoner said nothing in his defence.

Guilty . T .

448. (2d M.) MARY NEWLAND was indicted for stealing a diamond ring set in gold, value 5 l. a muslin apron, value 2 s. and a pair of muslin ruffles, value 1 s. the property of John Farrow , May 17th . ++

John Farrow . Last Tuesday my wife and I went out to take a ride; when we came back we missed the ring; my servant told me the prisoner had been there and been in that room; it was on a shelf in the room next the kitchen; I went next morning to Sir John's, got a warrant and took her up, and the ring was found among her things. (The ring produced by Henry Smallwood , and deposed to by the prosecutor.)

Henry Smallwood . I took the woman and charged her with stealing the ring; she denied it; I then desired to see her box; she said she had none, only a bundle; she opened the bundle and seeing her hand move I laid hold of it, and found the ring in a nutmeg grater; I took her to the gentleman's house at Enfield, and told Mrs. Farrow I had found the ring; Mrs. Farrow went to put her things on, and missed a pair of ruffles and an apron; I went back and searched her bundle and found them there.

Rose Farrow. Looking over my things after the prisoner was taken, I missed the apron and ruffles. I saw them on the Tuesday before. I am sure the things produced are mine.

Prisoner's Defence.

I found the ring in a fore room of Mr. Farrow's house; I did not know what it was or the value of it. I took the ruffles and apron from the same place.

Guilty . T .

449. (M.) WILLIAM HELEY was indicted for stealing a pocket book covered with crimson velvet, and ornamented with gold, value 40 s. a pair of steel scissars with gold bows, value 5 s. a clasp knife with two blades, value 1 s. a wooden pencil with a gold cap, value 1 s. a pair of steel nippers, value 6 d. a tortoiseshell comb, value 6 d. two asses skin leaves, value 4 d. a child's linen jamb, value 2 s. and six parchment thread papers, five of them filled with thread, value 6 d. and a silk ribbon, value 1 d. the property of Robert Stainbank , gent . privately from the person of Justinian Moss , May 7th . ++

Samuel Ryder . On the 7th of May as I was in Oxford-road , I saw Justinian Moss , who is a servant to Mr. Stainbank, the attorney , standing with a large basket and several men about him; I saw the prisoner take something white out of Moss's pocket, and give it to another boy who ran away with it; it was a child's jamb; the pocket book and thread papers fell out of it; he was pursued and dropped the jamb.

Justinian Moss . I was coming from my master's house in Oxford-road; I had a basket of things on my head: I lost a child's jamb, a pocket book and some thread papers out of my pocket; they were my master's. (They are produced and deposed to.)

Prisoner's Defence.

I never saw the things till I saw them on the ground.

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

449. (2d M.) ANN HOLDING, otherwise HAWLING , was indicted for the wilful murder of Elizabeth Tanner , by feloniously, wilfully, and of her malice aforethought, divers times striking, and beating the said Elizabeth: with an iron poker, and there by giving her upon her right check a mortal wound of the length of a quarter of an inch and the depth of a quarter of an inch, of which said mortal wound the said Elizabeth from the 9th of February , (from the time she received the blows) did languish till the 4th of March when she died ,

She likewise stood charged for the like murder on the coroner's inquisition. ++

Ann Doe . On the Wednesday this happened between nine and ten in the morning I heard the nurse of the foul ward cry murder; I found the prisoner trying to get in at the window of the foul ward; I heard her say they were a parcel of pocky whores and she would kill them all; I took her at that time from the window, and sent her about her business, but she said she would get in and beat them all, for that she would get to the fire; but there was no further disturbance till about an hour after; then I heard the cry of murder again; I went and found the prisoner in the soul ward; there were Gogan, the deceased, and two other persons, and Jones the nurse of the ward was standing at the door; I saw the prisoner by the fire-place, with a poker in her hand, with which I saw her strike the deceased upon the right side of her face: I ran up to her and took the poker out of her hand; I asked her what she meant, and said she had killed the woman; she said I was a street-walking bitch, and she would serve me in the same manner; with assistance I tied her hands, she abusing me me all the time; we got her away and put her into the dead house; the deceased bled at the mouth directly and said that Holding had murdered her; it was a short bit of a poker that belonged to the ward; the deceased lived four weeks and two days and then died; the prisoner was not in her senses as I thought like another woman; she had had fits and they had much affected her.

Margaret Gogan . I was in bed in the room where this happened; I was in a salivation; my bed stood with the back towards the fire-place, so that unless I got up I could not see what passed; there was first a dispute between the deceased and the prisoner about the fire; the deceased got up, and the prisoner having rose up out of her chair to get at some coals to put on the fire, the deceased sat down in her place, upon this the prisoner struck the deceased a blow on the forehead upon the right side of her cheek with the poker; her mouth immediately started out with blood, and she bled continually from that time to her death; with some difficulty the prisoner was put out of doors, and then she wanted to come in again through the window and threatened me because I had endeavoured to take the deceased's part; the mistress of the workhouse put the prisoner then into the dead house, where she continued some time; the room where they were is a long narrow room; my head was towards the fire place; I fate up in order to take the deceased's part.

Q. from the prisoner's counsel. Did you see either of them on the ground before the blow was struck?

Gogan. No.

Elizabeth Jones . I heard the cry of murder in the ward the deceased was in; she had been salivated but was getting well; I ran on the cry of murder, where I found the prisoner and the deceased upon the ground; I saw the deceased get up from the ground; her mouth was full of blood; she stooped and took up the poker and pointed it to her head and face, and said here nurse here, and here, by which I understood she had received some hurt on the forehead and cheek; her mouth kept bleeding to the time of her death; her teeth were set, and we were obliged to force them open in order to get any liquid down, which was all she could swallow: upon hearing the noise and seeing the two people on the ground, I called for help, and Doe came in, and the prisoner was put out of the room; she endeavoured to get in at the window; then I forced her into the dead house, where we confined her; the prisoner when in fits is like a dead corpse, but at other times she was in her senses for what I know to the contrary.

Ann Best . I heard the nurse cry out murder; I went to her assistance in the foul ward; I saw the deceased sitting in a chair upon the right hand side by the fire place, the prisoner stood by her without any thing in her hand; understanding she had struck the deceased I and Doe took her out of the room by main force; after that she tried to get in at the window; then we put her into the dead house.

William Hyde . I am master of the workhouse; I was not at home at the time; when I came home I understood the woman had been hurt: the prisoner was the person accused; she was not in any custody; when the woman was dead I thought it necessary the committee should know it; they issued their orders to have her confined and then she was not to be found; she voluntarily surrendered herself afterwards to take her trial.

- Tyrrell. I am a surgeon; I attend this workhouse: the deceased, who had been in a course of salivation under my care, was perfectly recovered and was fit to be discharged; she was kept in the house a week longer only out of greater caution; I saw her the next day after this accident happened; I found a wound in her right cheek, which was only a quarter of an inch each way; there was a violent contusion and inflammation, and I judged from its appearing to have bruised the maxillary glands, that it would prove mortal, because being just come out of a salivation the parts were very tender, and though she was perfectly recovered, yet a wound there might produce those consequences, and be mortal: this wound was the cause of her death.

Frances Bailey . I came in on hearing the cry of murder, and found the deceased sitting on a chair, and the prisoner standing before the fire; I saw the prisoner putting down her foot after having raised it to give a blow, and immediately I heard the deceased cry out, O Lord, you have killed me, she has kicked me on the belly; the prisoner being thus violent, her hands were tied, and she was got out of the room; she tried to get in at the window again, but we got her into the dead room. I know nothing of any wound being in the face at all. I saw neither of them on the ground.

Cross Examination.

Q. Is the prisoner subject to fits?

Bailey. Yes.

Q. Is not she known by the name of mad Nan?

Bailey. Not to my knowledge.

Prisoner's Defence.

I do not know I ever struck any body in my life.

For the prisoner.

Christopher Kelly . I am a victualler: I have known her six or seven years: her faculties are impaired by fits; she hardly knows good from evil.

Jonathan Harley . She is an inoffensive woman if not insulted, but when insulted she does not mind what she does; she is so weak in her understanding that a flower or piece of paper would divert her; she has had three or four fits in a day; I don't think she ever was right.

James Senham . I have known her three years; she has had fits; I think her understanding is impaired by them.

Another witness. I have known her five years; she has been much subject to fits, and she is obstreperous like an idiot when she is out of fits.

Elizabeth Alder . I have known her five years: she always behaved like a foolish person, but is harmless in her way.

Mary Fox . I assisted this poor woman that is dead because the surgeon neglected her; I opened the wounds she had in the cheek, and applied poultices, as thinking that would be of use to her.

Not guilty of murder but guilty of manslaughter . B .

450, 451, 452, 453. (L) THOMAS MATHEWS , THOMAS HESCOT , JOHN LINGARD and GEORGE CROSLEY were indicted for a conspiracy . ++

No evidence was given.

All acquitted .

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

Received Sentence of Death, 8.

William Jones , William Houghton , James Whitehouse , William Hawke , John Charles , John Thompson , Joseph Medcalfe , Joseph Everett .

Transportation for seven years, 29.

William Aldridge , Ann Wilson , Mary Davis , Robert Jones , Margaret Dyer , Ann Kelly , John Ward , Jerimiah Burn , Elenor Colloley , John Mecum , Henry Newland , Jane Williams , Jane Grey , William Jones , Thomas Baldwin , Elizabeth Constable , William Parsons , Patrick Dogharty , Patrick Shields , Michael Singer , Thomas Singer , George Harris , Ann Stevenson , Susannah Atkins otherwise Atkir, Mary Suggs otherwise Preston, John Easton , Abraham Lingham , Sarah Smith , Margaret Monro ,

Branded, 3.

Ann Holding otherwise Howling, Susannah Amiss .

Branded and imprisoned twelve months, 1.

William Cooper .

Whipped, 2.

George Morley , William Healey .

Trials at Law, Pleadings, Debates, &c.

Accurately taken down in SHORT HAND, Also the Art of SHORT WRITING completely and expeditiously taught, By JOSEPH GURNEY , SOUTHAMPTON BUILDINGS, near STAPLES-INN:

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 is also sold by his Sister MARTHA GURNEY , Bookseller, No. 34: Bell yard, near Temple-Bar.

This Day were published, the following REMARKABLE TRIALS:

1. The Sessions Paper for the County of HERTFORD, (price Six-pence); containing the Trials of all the Prisoners at the last Assize at Hertford, before the Hon. Mr. Baron Perrott .

2. The Sessions Paper for the County of ESSEX, (in two Numbers, price Four-pence each); containing the Trials of all the Prisoners at the last Assize at Chelmsford, before the Hon. Mr. Justice Willes.

3. The Sessions Paper for the County of KENT, (Price Six-pence); containing the Trials of all the Prisoners at the last Assize at Maidstone, before the Hon. Mr. Justice Willes.

4. The Sessions Paper for the County of SURREY, (price Six-pence); containing the Trials of all the Prisoners at the last Assize at Kingston, before the Hon. Mr. Justice Willes.

All taken down in SHORT HAND by JOSEPH GURNEY , And published by Permission of the Judges.

Sold by MARTHA GURNEY , Bookseller, No. 34, Bell Yard; and J. FRENCH, Bookseller, near St. Mildred's Church in the Poultry, and may likewise be had of all the Booksellers in Town and Country.

*** These Numbers contain the Trials of no less than thirty-two Prisoners who were capitally convicted.

Trials at Law, Pleadings, Debates, &c.

Accurately taken down in SHORT HAND, Also the Art of SHORT WRITING completely and expeditiously taught, By JOSEPH GURNEY , SOUTHAMPTON BUILDINGS, near STAPLES-INN:

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

The Book is also sold by his Sister MARTHA GURNEY , Bookseller, No. 34. Bell yard, near Temple-Bar.

This Day were published, the following REMARKABLE TRIALS:

1. The Sessions Paper for the County of HERTFORD, (price Six-pence); containing the Trials of all the Prisoners at the last Assize at Hertford, before the Hon. Mr. Baron Perrott .

2. The Sessions Paper for the County of ESSEX, (in two Numbers, price Four-pence each); containing the Trials of all the Prisoners at the last Assize at Chelmsford, before the Hon. Mr. Justice Willes.

3. The Sessions Paper for the County of KENT, (Price Six-pence); containing the Trials of all the Prisoners at the last Assize at Maidstone, before the Hon. Mr. Justice Willes.

4. The Sessions Paper for the County of SURREY, (price Six-pence); containing the Trials of all the Prisoners at the last Assize at Kingston, before the Hon. Mr. Justice Willes.

All taken down in SHORT HAND by JOSEPH GURNEY , And published by Permission of the Judges.

Sold by MARTHA GURNEY , Bookseller, No. 34, Bell Yard; and J. FRENCH, Bookseller, near St. Mildred's Church in the Poultry, and may likewise he had of all the Booksellers in Town and Country.

*** These Numbers contain the Trials of no less than thirty-two Prisoners who were capitally convicted.