Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 22 December 2014), January 1775 (17750111).

Old Bailey Proceedings, 11th January 1775.

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 11th, Thursday the 12th, Friday the 13th, Saturday the 14th, and Monday the 16th of JANUARY, 1775.

In the Fifteenth Year of His MAJESTY's Reign. Being the Second SESSION in the MAYORALTY of The Right Honourable John Wilkes , LORD-MAYOR of the CITY of LONDON.

Taken down in SHORT-HAND by JOSEPH GURNEY .

NUMBER II. PART I.

LONDON:

Sold by T. BELL, (No. 26.) the To of Bell-Yard, near Temple-Bar.

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 JOHN WILKES , LORD MAYOR of the City of London; the Right Honourable Sir SYDNEY STAFFORD SMITHE , Knt. Lord Chief Baron of his Majesty's Court of Exchequer*; the Honourable Sir WILLIAM HENRY ASHHURST , Knt. one of the Justices of his Majesty's Court of King's Bench +; the Honourable Sir GEORGE NARES , Knt. one of the Justices of his Majesty's Court of Common Pleas||; Mr. Serjeant GLYNN, Recorder ++; and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol-Delivery of Newgate, holden for the said City, and County of Middlesex.

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

(L.) London Jury,

(M.) First Middlesex Jury.

(2d M,) Second Middlesex.

London Jury.

John Bailey

Francis Carey

Thomas Oades

John Jacobs

Richard Rice

John Robinson

Ebenezer Braithwaite

James Coby

William Roberts

Francis Crump

James Harris

George Seaton

First Middlesex Jury.

Henry Adkins

Thomas Lovett

William Wilkinson

John Braithwaite

Nathaniel Morgan

Richard Wall

Lawrence D'Rippe

John Pearson

Daniel Hardy

Martin Robinson

Francis Carten

David Fountain

Second Middlesex Jury.

William Halfpenny

Richard Marshall

William Leader

Francis Crowther

Norton Tyles

Thomas Clarke

William Cavill

Edward Hawkins

William Lambert

John Campbell

John Smith

Peter Johannett .

94. (M.) ROBERT UPHAM was indicted for breaking and entering the dwelling house of of Thomas Oram , on the 6th of August, about the hour of twelve in the night, and stealing three delph bowls, value one shilling; two looking glasses, value eight shillings; a delph dish, value four-pence, a linen table cloth, value two shillings, and a pair of leather shoes, value four shillings; the property of the said Thomas, in his dwelling-house . ||

Thomas Oram . I am a cordwainer by trade, but keep a public-house at Fulham . I went to bed on Saturday the 6th of August last at about eleven o'clock at night: before I went to bed I examined my doors and windows: and all were fast. When I came down at seven next morning, I found the lock to a shed door and the lock to my parlour door broke; I missed the several things mentioned in the indictment. I have known the prisoner four years, he has been often at my house, and I believe he knows my house as well as I do myself.

Q. from the prisoner. Have you seen me at, or about your house lately?

Oram. I have not seen him about my house these last twelve months.

Thomas Castleman . I live in the Borough, and attend the Justice's at the rotation. The prosecutor came to me about the ninth of August last, and informed me his house had been broke open. I told him I had reason to believe some of his goods were at one Silva's, for I had been so informed by one Griffiths, who had been indicted for the same offence, We went to Silva's with a search warrant; there we found two glasses, four bowls, and a delph dish. ( They were produced in court, and deposed to by the prosecutor.

Silva. I am a carpenter, and keep a pawnbroker's shop. I have known the prisoner two or three years; he worked with Mr. Cooper, a gardiner: I met the prisoner in the street in company with two other men on a Sunday: after I passed them the prisoner turned round, and went home with me; he asked me to buy the china, that has been produced; I told him I did not chuse to deal with him, it being Sunday: he asked me two shillings for them, I told him that was too much, then he asked me to lend him eighteen pence upon them, and said; he would bring some other things the next morning; I let him have the eighteen-pence: the next morning he brought the two glasses.

Prisoner. I pawned them for the two men that were with me.

Silva. The prisoner was the principal person, the other said nothing, and the prisoner received the money.

Meredith. I went with Castleman to Silvia's; we found the things there that have been produced.

Mary Smith . A man, who called himself Robert Upham, sold these shoes to me, ( producing them.) I believe it was the prisoner, but I am not positive, I never saw him before.

Oram. Those are the shoes that were taken out of my house that night.

Prisoner's Defence.

I was not at all concerned in robbing the house, I had none of the money, I only carried them to Mr. Silva's for the two men that were with me.

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

95. (M.) ELIZABETH PARKER , spinster, was indicted for stealing a stock and feather bed. value eight shillings, a wollen blanket, value two shillings, a woollen coverlid, value one shilling, a pair of linen sheets, value three shillings, two wooden chairs, value eighteen-pence, a wooden pail, value six-pence, and two tin kettles, value one shilling the property of John Jackson ; the said goods, being in a certain lodging room, let by contract by the said John to the said Elizabeth, to be used by her, in the lodging aforesaid , December 23d. *

John Jackson . I have a house in St. Ann's lane that I let out in ready furnished lodgings. The prisoner had a lodging there; and the goods mentioned in the indictment were part of the furniture of that lodging: I saw her at her lodgings about a fortnight before christmas; I went there again two days after, then I found the room stripped, and the prisoner was gone. Some days after, I found her at another lodging with all the goods I lost, in her possession.

(They were produced in court, and deposed to by the prosecutor.

Prisoner's Defence.

I did not steal the goods, another of the prosecutors lodgers brought them to me, and he desired me to let them stand in my lodgings, I did not know what they were.

Guilty T .

96. (M.) WILLIAM HOLLAND , was indicted for stealing six yards of black silk lace, value thirty-shillings , the property of Ann Sowerby , spinster December 10th . *

Ann Sowerby . I keep a milliner's shop in Round-court . On the 10th of December, I just stept out of the shop to call the maid; as I came up stairs, I saw the prisoner in the shop with a card of black silk lace in his hand, I laid hold of him, and he threw the lace down; he had taken it out of the window, then he asked me for a half-pennyworth of what he called silk galloon.

Q. What account did he give of himself?

Sowerby. When he was before the justice he said he had worked a week for a paper stainer, and that he lodged in a two-penny lodging at St. Giles's.

Prisoner's Defence.

I am not thirteen years old.

"The prisoner called his father, who said he

"is a green-grocer in Covent garden, that he

"had the small pox in his family, and therefore

"took a lodging for the prisoner, in St. Giles's,

"and that the prisoner always behaved I,

Guilty T .

97. (M.) WILLIAM MATTHEWS was indicted for breaking and entering the dwelling house of Samuel Lyon , on the 12th of December, about the hour of twelve at noon, (no person being in the said dwelling house) and stealing a woollen cloth coat, value ten-shillings, a woolen cloth waistcoat, value six-shillings, two pair of leather breeches, value ten-shillings, and a woollen surtout coat, value ten-shillings, the property of the said Samuel Lyon in his dwelling house . *

- Crosby. I was collecting the poors rates, in New Inn on the 12th of December , while I was standing at the bottom of No. 1. a person let himself out of a window, he brushed my back, got up and run away, this made me suspect there was something wrong, I went up the stairs, and upon the landing place I found the prisoner sitting upon a sack, we secured him, and upon examining the sack, we found it contained the things mentioned in the indictment.

Mr. Crosby's evidence was confirmed by a Gentleman who was with him. (The goods produced in court.

Samuel Lyon . The cloths produced are my property, I left them in my chambers when I went out, I think there must be more than one concerned in the business. They got in at a window that is very high, I am a tall man, and when I stood upon the bannisters I could not reach the window. I apprehend one must stand upon another, they had taken an iron bar out of that window.

Prisoner's Defence.

The other person who is a chimney-sweeper, desired me to take care of his things, whilst he went to No. 2. at Lyon's-Inn, I waited a good while for him, but he not coming, I went up stairs, and there I found a sack, I know nothing of stealing the goods.

He called three witnesses who gave him a good character.

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

98, 99. (M.) ABRAHAM DUGARD , and RICHARD BANFIELD , were indicted for wilfully, maliciously, and feloniously making an assault upon Dodding Jonathan Bruce , and with menaces, and in a forceable and violent manner, feloniously demanding his money, with intent the money of the said Dodding Jonathan Bruce to steal , against the statute, December 14 . ||

Dodding Jonathan Bruce . I had been out with my wife to spend the evening, on Wednesday the 14th of December last, returning home, I was attacked in Hanover-Street , by four persons, I am sure the prisoners are two of them, they first surrounded my wife, and made use of some indecent language, upon which I told them, that Pain the constable was coming and bid them take care what they did, or to that effect, upon that, one of them, who is taller than either of the prisoners, said with an oath, that he would put me to pain. I will have your life or your money. Upon saying this, I struck him with my fist, on the side of his face, and I knocked up his heels. Upon which the smallest of the two prisoners (Banfield) said D - n you, why don't you go it, then they all surrounded me, I struck at, and fought them all, I had not any thing in my hand, nor did I at their first coming up to me, perceive that either of them had any, but afterwards I saw a long knife in Dugard's hand, he aimed a blow at me, which would I believe have stabbed me to the heart, but I received the stab in my hand, which penetrated as far as the bone would admit, he struck at me again and cut my ear, then one of them struck me a violent blow, which broke my head, it bled very much, some of the blood is yet to be seen, in my hat, I secured Dugard, my wife screamed out, and the watch came to my assistance, and then Dugard threw away the knife. The other prisoner was taken almost immediately.

Cross Examination.

Q. Whether you did or not, begin the conversation with them, and whether, what they did was not in their own defence?

Bruce. I did not begin with them, and upon my oath, I verily believe they intended to rob me.

Q. Was you sober?

Bruce. As sober as I am now.

Elizabeth Bruce . I am wife to the prosecutor, as we were coming thro' Hanover-street, four persons attacked us, they surrounded my husband. he had got a little way from me, I heard them say something, why don't you go it. I was much terrified, I screamed out, at last the watchman came.

Q. Did you see any thing of a knife?

Mrs. Bruce. I did not, but my husband's ear and head were very bloody.

John Hood . I am a watchman, I saw the two prisoners, in company with two others pass by my watch-house, not a minute before the prosecutor was attacked, I took notice of them then, I heard Mrs. Bruce call out. I rung my rattle and ran to their assistance, I saw Mr. Bruce, at that time he was very bloody, and was almost spent, he had then hold of Dugard, the other prisoner was taken in less than half a minute.

Dugard's Defence.

Mr. Bruce attacked us, without the least provocation, he cut my head, we both dropped our hats, in the scuffle he put mine on instead of his own, and that made his head bloody.

Banfield's Defence.

We did not attempt to rob him, his wife or he blowed a wistle, and had us taken up.

Question to Mr. Bruce. Did you blow a wistle.

Bruce. No, there was no such thing.

Question to John Hood . Was Dugard's head bloody?

Hood. I did not see any such thing.

Both Guilty T .

100. (M.) ALEXANDER DOBENEA, otherwise DALLOW , was indicted for stealing a woollen cloth coat, value twenty shillings, a woollen cloth waistcoat, value ten shillings, a pair of woollen cloth breeches, value five shillings, and a man's hat, laced with gold lace, value five shillings, the property of John Price , and one woollen cloth coat, value twelve shillings, a woollen cloth waistcoat, value eight shillings, a pair of woollen cloth breeches, value two shillings, and a man's hat, laced with gold lace, value five shillings , the property of Edward Price , December the 9th . ||

John Price . In the evening of the 9th of December last, I lost the things mentioned in the indictment. On the 11th of December, I traced the prisoner to Bishop's Court, Chancery Lane; I charged him with the fact, he behaved very civil; he took me to his lodgings, and delivered me my property; he informed me where my brother's goods were pawned. (The goods were produced in court, and deposed to by the prosecutor.

Q. from the prisoner. Whether you did not promise, that if I informed you where the things were, that you would not prosecute me?

Price. I said, I would be as favourable to to him as I could; I had laid an information before Sir John Fielding before I took the prisoner up.

Prisoner.

I have nothing to say.

Guilty . T .

101. (M.) BRIDGET SINGLETON was indicted for stealing a silver filigree measure, value two shillings, a linen table cloth, value three shillings, a linen napkin; value one shilling, two yards of thread lace, value three shillings, and a linen shirt, value three shillings , the property of Rebecca Hankey , widow, December 21st . ++

Rebecca Hankey . I did live in Piccadilly , I now live in Rathbone Place; the prisoner was my servant . I missed the things mentioned in the indictment: suspecting the prisoner, I searched her box, and there I found most of the things mentioned in the indictment. (They were produced in court, and deposed to by the prosecutrix.

Q. How long had she lived with you?

Hankey. About two months: she is very young, but about seventeen.

James Aldersey . I am a pawn-broker: the prisoner pawned this table cloth, (producing it) at my shop, (it was deposed to by the prosecutrix.

Charles Grubb . I was sent for to search the prisoner's box; I found in it the pawnbroker's duplicate of the table cloth.

Prisoner's Defence.

The shift was given me at a place I lived at two years ago, I never saw the table cloth.

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

Guilty , T .

102. (L.) JOHN ROGERS was indicted for stealing a linen handkerchief, value ten-pence , the property of James Atherton , December 31 . ++

James Atherton . As I was passing through - Lane about six in the evening of the 31st of December last, I saw the prisoner and two persons with him standing at a chandler's shop; I thought they were about no good; the other two passed me, and I felt a motion at my pocket, and missed my handkerchief. I pursued the prisoner and overtook him; he had my handkerchief in his hand, but when I sezed him he threw it down: I felt my handkerchief not above two minutes before.

Prisoner's Defence.

Two chaps ran by me; one of them threw the handkerchief upon my face: I did not steal it.

Guilty , T .

103. (M.) SARAH, the wife of WILLIAM JONES , and MARY SMITH , were indicted for stealing a piece of linen handkerchiefs, containing eleven handkerchiefs, value sixteen shillings, and a piece of cotton handkerchiefs, containing nine handkerchiefs, value fourteen shillings , the property of Herbert Hussey , and John Witter , December 19 . ++

Herbert Hussey . I am a linen draper , and in partnership with John Witter . On Tuesday the 13th of December, one of my men told me the two prisoners who were then going out of the shop, had stole some handkerchiefs: they were secured.

John Pope . I am a shopman to the prosecutors. When I came down from dinner, on the 13th of December, the apprentice was shewing the prisoners some handkerchiefs I had shewed them some before; I had some suspicion of them, therefore I chose to serve them myself, being determined to watch them narrowly. I saw Jones convey something under her cloak or apron: I let them go out of the shop, and then I acquainted Mr. Hussey with it; he went after them and brought them back: the handkerchiefs were dropped after they were in the shop; I did not see the prisoner drop them, but I saw them as soon as they were dropped: I know there were no handkerchiefs in that place before.

John Jones . I was by when Mr. Hussey stopped the prisoner, I followed them into Mr. Hussey's shop, and I saw Jones drop the handkerchiefs: the other prisoner said, there was nothing found upon her, and attempted to run away, I ran after her and brought her back.

There being no evidence to affect Smith, she was not put upon her defence.

Jones called five witnesses, who gave her a good character.

Jones Guilty .

Smith Acquitted .

[Branding. See summary.]

[Imprisonment. See summary.]

104. (M.) JOHN HOWARD was indicted for stealing a piece of silk handkerchiefs, containing eleven handkerchiefs, value four shillings and six-pence , the property of John Bragg and Thomas Jeremy , December 30 . +

Richard Egan, I live with the prosecutors, who are linen draper s. The prisoner came to our shop on the 13th of December, and asked to see some handkerchiefs. I showed him some, he said, they were not of the kind he wanted; he desired to see a neckcloth; I sold him one, then he asked for a pocket handkerchief; turning round, I saw him secrete something under his apron; after he had bought the handkerchief, he said, he was going to Maiden Lane and he would call for the things and pay for them. I insisted upon seeing what he had in his apron; and then leaning over the counter I saw him drop the piece of handkerchief from under his apron. These are the handkerchiefs (producing them) they are the prosecutors property.

Prisoner's Defence.

The witness, before Sir John Fielding , said, he did not see me take them, or put them under my apron.

Egan. My lord, that is totally false.

Guilty , T .

105. (M.) THOMAS WARD was indicted, for that he in the king's high-way, on Edward Kehan did make an assault, putting him in corporal fear and danger of his life, and stealing from his person fifty yards of linen cloth, value five pounds, the property of the said Edward , January the 5th . *

Edward Kehad . I am a hawker ; I met with the prisoner in June last, I never saw him again till the 4th of January, then I met him at the Ship in Bow-street; I staid there with him till about half after twelve o'clock, then we went out separately; the prisoner waylaid me, and as I was going along he snatched a bundle of linen cloth, containing fifty yards from under my arm, and knocked me down, or pushed me down I can't tell which. The cloth was found afterwards at a pawnbroker's in Clare Market.

On his cross examination, he said, "Tho' he

"had been drinking, he was not so much in

"liquor but he could tell his right hand from

"his left, and could tell who robbed him, and

"that he gave an account of the robbery the

"same night."

Robert Barnes . I am servant to Mr. Wright a pawnbroker; the prisoner pawned this linen (producing it) with me on the 5th of January, in the name of Thomas Johnson .

Kehan. This is the cloth I lost that night, I know it, because it is damaged, part of the selvige was tore at the time of drawing.

John Clarke . The prosecutor informed me of his having been robbed, he told the same story he has done now. I met the prisoner and secured him, he lives near Clare Market: I went home with him, and in the possession of Blackmore I found a handkerchief, that had been described by the prosecutor. (The handkerchief was produced in court and deposed to by the prosecutor.

Thomas Blackmore . I am servant to the prisoner's father: the prisoner shewed me this cloth on the Thursday; he said he had bought it: that handkerchief that Mr. Clarke has produced I received from the prisoner.

Prisoner's Defence.

Kehan was very drunk, I did not knock him down nor rob him; he wanted some money, and I offered to lend him two guineas, he asked me to pawn the cloth for him for a guinea: it is not probable that I should have pawned it in my own neighbourhood if I had stole it.

He called several persons, who deposed that the prosecutor was frequently intoxicated with liquors to a great degree; and many other witnesses, who gave him a good character.

Q. to Kehan. Did the prisoner offer to lend you two guineas.

Kehan. Yes, he did, but I would not have them:

Guilty of stealing the goods, but not violently nor of putting the person in fear . T .

106, 107, 108. JOHN BROWN , THOMAS FREE and THOMAS PINKSTONE were indicted, for that they in a certain field, and open place near the king's highway, upon Peter Brown , did make an assault putting him in corporal fear and danger of his life, and stealing from his person six shillings in money numbered, the property of the said Peter , December 25th ++.

Peter Brown . I went to dine with a friend on the 25th of December, in my return home I was robbed near Sadler's Wells ; at about eight o'clock, I saw three men standing in the road, I then had an apprehension that I should be robbed; when I got into the field, three men came up to me and demanded my money. I am certain the prisoners are the men, Pinkston had a cutlash and Free and Brown had each a pistol, I gave them six shillings. I went directly to Clerkenwell Bridewell and gave an account there of the robbery, and I described the persons and dress of the men that robbed me, that one had a cutlass, another a large flapt hat, and another had a light coloured handkerchief tied loosely about his neck.

Q. Are you positive to the prisoners?

Brown. I am positive to their persons.

Q. ( From the Prisoners counsel.) Have not you received an injury in one of your eyes

Brown. I have received an injury in one of my eyes, but my sight is not so hurt but I can see exceeding well and I can swear to their persons.

John Dixon . Mr. Brown the prosecutor came to Clerkenwell Bridewell, and gave an account that he had been robbed by three men, he said that two had pistols, and one had a cutlass, that one had a handkerchief loose about his neck, and the other had a flapped hat; Dignam a fellow servant of mine, and I went after them, and we were joined by one Kipping. We met the prisoners in another part of the field, in which the prosecutor had said he was robbed, we immediately attacked them, I saw Brown throw away a pistol, Kipping seized Pinkston and he threw away a pistol likewise, Free had a remarkable large slapped hat, Brown had a handkerchief tied about his neck, exactly in the way the prosecutor had described one of the men, we took them to prison, I believe they were in hold in less than three quarters of an hour after the robbery was committed.

Richard Dignam . In consequence of the information Mr. Brown gave at Clerkenwell Bridewell, Mr. Dixon and I went in pursuit of the men, we called upon Kipping, I told him if he would go with us, we should be three to three. I passed the prisoners, I passed Pinkston, and seized Brown and Free, Kipping secured Pinkston, and I gave Free to Dixon. Brown had a silk handkerchief tied loosely about his neck; Free had a large flapped hat, when I seized Brown he threw away this pistol, it fell against the kirb stone which broke it.

(The pistol was produced in court, and appeared to have been broke by a blow.)

John Kipping . I secured Pinkon, he threw something away, I went to the place where he threw it, and found a pistol

"The prisoners in their defence denied the

"charge, and desired the court to ask the

"prosecutor, whether he did not say he had

"been robbed of a watch, and that he had

"been robbed by three men before. The

"prosecutor in answer to this, said that when

"the prisoners stopt him, in order to save

"his money, he did tell them, that he had

"just been robbed, but that was not true,

"and that he was so frightened that he could

"not at first ascertain how much he had been

"robbed of, but soon found that he had lost

"only six shillings.

Brown and Pinkston, called many witnesses, who gave them a good character.

Free did not call any witnesses.

All three Guilty Death .

111. (2d M.) WILLIAM MORLEY was indicted, for that he in the King's highway, on John Head did make an assault, putting him in corporal fear and danger of his life, and stealing from his person sixpence, the property of the said John , December 29th ||.

John Head . I live at Enfield, I drive a waggon . On the 29th of December, about ten minutes after six in the morning, as I was coming to London, I was stopped by the prisoner; he clapped a pistol to my breast and demanded my money; I told him I had but sixpence about me; I gave him that; he was with me, I believe three-quarters of a minute, and I had time enough to observe his face, and particularly his hair and I took notice of his voice. After the prisoner left me, I went to a Blacksmith's shop, and the prisoner not having taken my watch, I left it there, and I described to them the face, dress, and hair of the prisoner, and they went in pursuit of him, and then I came on with my teem to London.

Q. Was it light enough to discern his person.

Head. There was something of a moon.

Thomas Woodland . The prosecutor came to our shop and told us he had been robbed; it was then about a quarter past six o'clock, he described the man to have a bunch head of hair and rough as if he had laid in straw. The prisoner came by within a quarter of an hour after. When I saw him, I suspected from the description Head had given us, that he was the man that had robbed him. Edwards and I followed him for about three quarters of a mile, then Mole and Banks joined us and we secured him; we brought him back and when we were going to take him into a house he made resistance: he turned himself round, drew out a horse pistol and flashed it at me; it did not go officer it must have tore me to pieces, as he was within half a yard of me. We searched him and found another pistol upon him.

John Edwards . I was at the blacksmith's shop when the prosecutor came there; he delivered me his watch. I knew him very well; so I carried his watch home. As I came back, the prisoner passed by. I took the candle from the smith's shop and held it quite up to his face, and I was satisfied then from the description Head had given, that he was the man that had robbed him, and that induced us to go after him. I saw him attempt to shoot Woodland, but the pistol missed fire.

Simon Mole and John Banks deposed, that hearing so me people were in pursuit of a highwayman, they joined Woodland and Edwards in the pursuit, and were present when the prisoner was taken. They confirmed the evidence of Woodland and Edwards as to what happened after the prisoner was taken.

Robert Lewin . Who attends at justice Wilmot's office, deposed, that he searched the prisoner and found upon him, a sixpence (which was the only money he had in his pocket) and some gunpowder.

" Thomas Manwaring confirmed the evidence

"of Robert Lewin ."

William Huggins . I drew the charge of the pistol that the prisoner attempted to fire, it was loaded with swan shot.

Prisoner's Defence.

I went to Ponder's End to ask for work, coming back three men stopped me and said they supposed, I was a highwayman and said I had something in my pockets, I said, I would shew them all I had, I took out the pistols to shew them and the cock of one of them went down by accident, I told them where I had the pistols. I found them on Stamford-Hill.

Guilty Death .

112. (2d M.) STEPHEN CHAPMAN was indicted for breaking and entering the dwelling house of John Spearing , on the 8th of December, between the hours of six and seven in the night, and and stealing a silk gown, value ten shillings; a black silk hat, value sixpence; a pair of cotton stockings, value sixpence; two linen petticoats, value five shillings; a crape gown, value three shillings; two linen handkerchiefs, value one shilling; a linen gown value five shillings and a pair of womens stuff shoes, value three shillings, the property of Elizabeth Robinson , spinster, in the dwelling-house of the said John Spearing +.

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

John Spearing . I live in Crispin-street, Spitalfields . On the 8th of December between six and seven o'clock in the evening I heard somebody walking over head, the outer door was upon the latch, and the windows were fastened. I went up stairs, and saw the prisoner stand against the door of Mrs. Robinson's lodging; he asked me if a Mr. Nash lived there; I said no, he went away, the last week, then he went up to the second pair of stairs, to the door of one Sligh; there I saw him drop from under his arm the things mentioned in the indictment.

(They were produced in court and deposed to by Elizabeth Robinson ) When he dropped them, I said, I see what you have been about, but you shall not go; then he rushed towards me and knocked the candle out of my hand; and we had a struggle upon the stairs. Mr. Sligh came out; we found that there was another man in Mr. Robinson's room, my wife saw that man make off, she called out to me and I pursued him. I did lay hold of him, but he struggled and got from me. Mr. Sligh took the prisoner. I am certain he is the person I saw in Mr. Robinson's room.

Q. Are you sure your door was fast.

Spearing. I saw my wife shut the door too, and she tried whether it was fast or not; it was not above ten minutes after that when I found the prisoner in the house.

On his cross Examination. He said he could see his wife put her arm to the door in order to shut it.

Elizabeth Robinson . I lodge at Mr. Spearing's, I left my door locked when I went into the country, upon my return I found my lock of my chest-of drawers broke, and the things mentioned in the indictment were taken away.

Sligh confirmed the evidence of John Spearing .

Philip Gosset deposed, that he searched the prisoner and found a pair of cotton stockings in his pocket, (which were deposed to by Robinson.

The Prisoner called six witnesses who gave him a very good character.

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

113, 114. (M.) RICHARD FLINT and JAMES MASON were indicted for stealing thirteen quarters of linseed , the property of Godfrey Thoruton , Esq . Dec. 13th ,

William Patterson . I am clerk to Mr. Godfrey Thornton , I used to employ Flint as a labourer ; he was very industrious, I thought him honest, all the seed that was in the warehouse, that was robbed, was the property of Mr. Thornton.

George Featherston Haugh . I am Clerk to Messrs. Barrow and Smith; Mason came and offered to sell them some linseed, he said he believed there was about seven quarters or there might be more, he asked 30 s. per quarter for it and that being much less than it was worth, I supposed it was stole I agreed for it for 26 shillings.

Thomas Smith . I am a lighterman about the 13th of December, Messrs. Barrow and Smith, sent me for the linseed they had bought of the prisoner, I met the two prisoners at Mill Stairs, according to my directions and they delivered 13 quarters into my lighter. The desired me to give them a note acknowledging the delivery, I asked what name I should put it down in, Smith said his name was Sherrard, they both came afterwards to the compting-house for the money.

- Stokes. I am proprietor of the warehouse, out of which the linseed was stole I lett it to Mr. Thornton. He gave me directions not to let any one but Flint have the key; unless by his or Mr. Paterson's orders in writing; I came home and saw them loading a cast with the linseed, I did not know that Flint was dismissed from Mr. Thornton's service; when they had loaded the cart, Flint locked the warehouse and gave me the key.

George Kemp . I am apprentice to Mr. Stokes, the two prisoners came to our house, Flint said; they came for some linseed that was in the warehouse, and asked for the key, I delivered them the key.

Mason's Defence.

I was drawn in by Flint.

He called several witnesses who gave him a good character.

Flint called two witnesses, who gave him a good character.

Both Guilty .

[Transportation. See summary.]

115, 116. (2d M.) WILLIAM BOYLE otherwise BURNHAM , and ANN VERNON , widow, were indicted, the first for breaking and entering the dwelling-house of Aaron Fryer on the 21st of November about the hour of eight in the night, and stealing eleven leather pocket books mounted with silver, value six pounds, the property of the said Aaron *

And the other for felonously receiving the said pocket books, well knowing them to have been stolen .

(2d M.) WILLIAM BOYLE , otherwise BURNHAM, and ANN VERNON , widow, were a second time indicted, the first for stealing fourteen printed books, value two shillings , the property of James Le Grange , and the other for feloniously receiving the said books, well knowing them to have been stolen . ||

Both acquitted .

117. (2d M.) JOSEPH GARRETT was indicted for stealing a gun, mounted with steel, value five pounds, the property of Thomas Hancock , in the dwelling house of the said Thomas , December 26 . +

Thomas Hancock . I keep a public house at Chelsea . I lost a gun on the 26th of December; it was taken from behind my bar door: sometime after William Lee informed me he had seen my gun at Mr. Hanney's at Westminster. I went with a search warrant to Mr. Hanney's and there I saw my gun.

Richard Steel , and William Lee , deposed, that they saw the gun at Peter Hanney 's, and knowing it to be the property of the prosecutor, they gave him information of it.

William Gardiner . The prisoner came to Mr. Hanney's and called for some liquor; he had not money to pay his reckoning, he told Mr. Hanney that he had a gun lay for a little money, at the ship in Little Sanctuary. Mr. Hanney gave Garrett the money and went with him to the ship; he paid five shillings and eleven-pence halfpenny, they gave him the gun, and he delivered it to Mr. Hanney, he promised to pay the money for his reckoning the next day and redeem the gun.

Peter Hanney confirmed the evidence of the last witness. (The gun was produced in court and deposed to by the prosecutor.)

The prisoner in his defence denied the charge.

Guilty of stealing to the value of thirty-nine shillings T .

118. (2d M.) WILLIAM JAMES CHESTERFIELD was indicted for stealing a watch, with a pinchbeck case, value six pounds, a base metal watch chain, gilt, value ten shillings, a brass watch key, value two-pence, and a stoke seal, set in base metal, value five-shillings; the property of John Warwicker , privately from the person of the said John , November 30 .

Acquitted .

119. 120. (L.) SAMUEL FIELD and HANNAH FIELD , were indicted for stealing a woollen cloth cloak, value seven shillings , the property of William Freer , December 15 . ++

William Freer . I keep a sale-shop in Barbican . The two prisoners came to my shop on the 15th of December: as soon as they were gone out of the shop, my wife told me they had stole a cloak that hung up at the door; we brought them back, I charged them with stealing the cloak: Hannah Field confessed

"she

"had taken the cloak, she said, it was her first

"fact, and she would give me a shilling to

"drink, if I would let her go." The constable did not come for a long time; before he came we found the cloak thrown over the counter.

Edanor Freer confirmed her husband's evidence.

The prisoner denied the charge, but called no witnesses.

William Field Acquitted .

Hannah Field , Guilty T .

118. (L.) DANIEL M'CLOUGH was indicted for stealing a men's hat, value four shillings , the property of Richard Chapman , Esq ; December the 17th . ++

Thomas Beverley . I live two doors from Mr. Chapman's house. While I was standing at my door, I saw the prisoner run out of Mr. Chapman's gateway with a hat in his hand; he was pursued with the cry of stop thief; he threw the hat against the India-house and ran off, I pursued him and brought him back; he begged of me to let him go, and said he would never do so again: (the hat produced.)

Richard Chapman , Esq. This is my hat; it was taken out of the hall.

Prisoner's Defence.

I am as innocent as the child unborn, I found it lying by the gate.

Guilty T .

122. (L.) JOHN BENNINGTON was indicted for stealing five pounds weight of wheaten flour, value one shilling , the property of Richard Webb , December 24 . ++

Richard Smith . I am a meal-man. I saw the prisoner take take out about five pounds of flour out of a sack of Mr. Webb's at the meal-market, in Queen-hithe ; he put it in his great coat pocket; I took him by the collar and asked him what he was about; he said, he was only taking a little flour to make him a pudding: I secured him.

Prisoner's Defence.

I was almost starving: I beg the mercy of the court.

Guilty of stealing to the value of tenpence . W .

123. (L.) WILLIAM BUTTS was indicted for stealing a linen handkerchief, value ten-pence , the property of William Cotton , January 5 . ++

William Cotton . As I was coming over London Bridge I went to button my right hand pocket; I found a hand in my other pocket, I turned round, I saw the prisoner with my handkerchief in his hand; he begged forgivness, I told him I had lost a great many handkerchiefs, and I charged a constable with him.

The constable deposed, that he heard the prisoner acknowledge the charge, and say that he did it through necessity.

The handkerchief was produced in court and deposed to by the prosecutor.

Prisoner's Defence.

I found the handkerchief on the ground.

Guilty .

[Transportation. See summary.]

124. (L.) ANN SIMPSON , spinster, was indicted for stealing seven guineas, and one pound thirteen shillings in money numbered , the property of John Bacchus , December 23d , ++

John Bacchus . As I was going along Bishopsgate-street, about six o'clock in the evening of the 23d of December. When I was near Hand-Alley, the prisoner laid hold of me, and wanted me to go home with her, I told her I did not chuse it, I had a good wife of my own, she continued with me till I came to Hounsditch , then she came before me, and said I should go home with her, and if I would not stay I should know where to call again, through her persuasion I went home with her, I went up into her room, with her there were two women sitting by the fire, they asked for something to drink, I sent for a quartern of gin, and the prisoner drank it then the other two women left me in the room with the prisoner, I told her I had rather not have any thing to do with her, she said then I will call in my sister, and called in the other two women they began to pull me about, I told them I would give them a guinea to let me go. The prisoner cried out,

"I'll guinea you, blast you, and then they all three threw me down on the bed, and I cried out murder, they stopt my mouth with the bed cloaths, I saw Ann Simpson take my money out of my pocket, and put it into her own pocket.

Q. Was you sober?

Bacchus. I was very sober.

Prisoner's Defence,

I have nothing to say for myself, my witnesses are not here, I beg your lordship will ask the prosecutor, whether he did not offer when I was in the Counter to take his money, and make it up.

Bacchus. I did not she sent after me several times, I said the law should take its course,

Guilty T .

125. (L.) EDMUND ABELL , was indicted for stealing seven pound of sugar, value ten-pence , the property of certain persons unknown, December 12th . ++

Acquitted .

126. 127. (L.) FRANCES BAILEY , spinster, and ELIZABETH ELLIS , spinster, were indicted for stealing five pair of silk stockings value thirty shillings, the property of Robert Partridge , privately in the shop of the said Robert , December 19th . ++

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

Joseph Thomson . On Monday the 19th of December, I saw the prisoners in Fleet-street, they behaved very indecent, being a peace officer, I thought proper to follow them. They sat down in New-street, Shoe-lane, and seemed to be sharing something, I called to Mr. Figgins to assist me in taking them; I took a pair of white silk stockings out of Ellis's lap, and when they got up, there were several other pair of stockings found, we took them to Mr. Figgins's house; while we waited for the door to be opened, they dropped four pair of silk stockings which I picked up.

(The stockings were all produced in court, and deposed to by the prosecutor.

John Figgins , confirmed the evidence of Joseph Thomson :

John Brown . I am apprentice to Mr. Partridge. Francis Bailey and Sarah Atkins , came to my master's shop on the 19th of December, and desired to see some white silk stockings, they seemed very difficult to please, at last they ordered me to take a parcel to the Bagnio, and they went away, I went to the Bagnio, the people there, told me it was all a hum, they were not ordered.

Sarah Atkins , an accomplice, deposed that she and the prisoners stole the stockings, in the prosecutor's shop.

Bailey's Defence.

I have nothing to say.

Ellis's Defence.

I was not out with that young woman.

Both Guilty of stealing the goods, but not guilty of stealing them privately in the shop . T .

Frances Bailey and Elizabeth Ellis were tried upon another indictment for stealing silk stockings privately, in the shop of another Hosier when the jury found the same verdict as on the last trial.

128. (2d M) ELIZABETH HOARE, otherwise BROWN, otherwise KIRKMAN , was indicted for stealing a feather bed, value twenty shillings, a bolster, value five shillings, two blankets value five shillings, a linen quilt, value five shillings, and two linen sheets, value five shillings, the property of John Brown ; the said goods being in a certain lodging room, let by contract by the said John Brown, to the said Elizabeth Hoare , December the 5th . ~

John Brown . The prisoner lodged at my house, from Saturday the 3d of December, 'till the Tuesday se'nnight following, she locked up her room and went away, I found a duplicate of Mr. Hill's the pawnbrokers, I went to Mr. Hill's, and there I found one of my sheets.

"The pawnbroker produced a sheet which

"he deposed was pawned with him by the

"prisoner."

The sheet was deposed to by the prosecutor.

Prisoner's Defence.

I am quite innocent.

Guilty T .

129. (M.) WILLIAM THOMAS was indicted for that he on the King's high-way, on Margaret Greme , widow, did make an assault putting her in corporal fear and danger of her life, and stealing from her person, a silk cloak trimmed with crape, value twenty shillings, the property of the said Margaret , December 13th . ||

Margaret Greme . My coach was stopped in the King's-Road, Chelsea , on the 13th of December. between the hours of five and six o'clock, in the evening. There were four of us in the coach, two men came up to the coach, I first saw a man on the side of the coach my daughter was on, she let down her glass immediately, while my attention was engaged to that side of the coach, another man broke the glass on my side; then they both opened the doors and came in, and demanded our purses; we all gave them our purses, I told the man that came in second, that we had given our purses already, to the other man he swore an oath, and struck me on the left side of my head, I felt the blow, but I leaned my head back in such a manner, as to prevent a great deal of the violence of the blow; then the same man, with his left fist, struck me a very violent blow on the right eye, and at the time he struck me on this eye, he gave this little girl a violent blow upon the temple, he threw his hand back, and struck her, she fell back stunned, I thought she was dead, the child was all bloody; then he demanded our watches, I told him we had none, he threatened very violently and struck me several blows with the pistol upon the face, I avoided the blows as much as I could, but yet I felt them, then he struck me with his fist on the right eye. He searched my pockets, and my little girls pockets, and often threatened to blow our brains out, we begged for mercy and pity, my daughters begged him to spare their mamma, he threatened to blow their brains out if they spoke a word, he went out and came in twice, at the second time of coming into the coach he took off my cloak.

Q. Have you any idea of the persons of the men?

Mrs. Greme. No I have not, I was very much terrified.

Q. Was it dark or moon light?

Mrs. Greme. It was moon light, it was pretty light.

Q. Did you make any observation, whether that was a large or little man?

Mrs. Greme. I dont think he was a large man.

Miss Elizabeth Greme . I was in the coach with my mama. They took my watch and my cloak, the man that was on my side the coach, and he threatened to blow my brains out, when I begged mercy of them; they opened both doors, and one came in at each.

Q. Did they step upon the coach, or get entirely into it?

Miss Greme. They got quite into the coach, one of them, when he went to search my aunts fingers for rings, when he turned about, he was almost in my lap, they felt our hands for rings, we told them we had none, we were in mourning, it was light enough for them to see that we were in mourning. I saw the man strike my mamma three blows, I begged him to spare my mama, the man that was with me, said to him,

"Be quiet John, get out," or to that effect, but the other did not pay any attention to it; they took away our cloaks.

Q. What size man was it, that you say was almost in your lap?

Miss Greme. I think he was a small man. One had a crape over his face, the other had something over part of his face, they were a long while with us, they once bid the coachman drive on, but then they bid him stop, and they came into the coach again; they were a long time with the footman for his wacth, he told them he had no watch, no more he had; they took my cloak and my watch, I gave them my purse the instant they came in.

Samuel Allpress . I was with my mistress on the 13th of December, when she was robbed. As we were going on these people stopt the coach at about a quarter after Eve to the best of my knowledge there were four; they opened the coach doors, and went in and desired my ladies to give them what they had. I heard an outcry in the coach.

Q. Did you make any observations upon the persons or dress of the men, and was it light enough to distinguish their faces.

Allpress. Yes, I could see they had some black crape over their faces, when they went into the coach.

Q. When did they go first into the coach?

Allpress. I cant tell when they went into the coach first.

Q. What did the other two men do?

Allpress. One was with me behind the coach, he had a hanger; the other man was at the head of the horses.

Q. Had he any arms?

Allpress. I can't tell.

Q. Was it lightish, or very dark, or how?

Allpress. I could see plain enough,

Q. What size men were they that went into the coach?

Allpress. They were the size of the prisoner.

Q. You will be cautious what you speak; have you any reason to think the prisoner is one of them?

Allpress. I believe so, because of the size.

Q. Your belief is founded only upon the size?

Allpress. Yes.

Q. Did you observe how he was dressed?

Allpress. That I could not say.

Q. Could you distinguish whether he had his own hair or a wig?

Allpress. He had his own hair.

Q. Had both that went into the coach their own hair?

Allpress. Yes.

Q. Did they stay in the coach till they had taken all the things away, or did they go in and out?

Allpress. They went into the coach two or three times.

Q. What became of the two men that had been in the coach, did they go away directly?

Allpress. They came to me and bid me give them my watch and money. I had no watch. One of them had a hanger.

Q. Did you observe them take any thing out of the coach?

Allpress. Yes, four cloaks? They struck me over the eye with a pistol.

Lydia Brown . On the 13th of December, William Thomas , the prisoner, came to my house and asked for a lodging. He was much in liquor over night; he went out and returned at about eleven o'clock; the next morning he told me he had found four cloaks. I asked him to let me look at them: he fetched them, and I bought them all four. I carried three cloaks up to Sir John Fielding's as soon as I heard they were stole. I had lent a neighbour one of them to pawn to raise some money.

"(The cloaks produced by Halliburton,)

"They are the cloaks: he said, he had found

"them and they were dirty."

Mrs. Greme deposed to her cloak,

Sarah Kirke . I made this cloak for Miss Biddy Graham; it has been washed; but there is the appearance of blood both upon the robing and down the fore part.

Q. From the Jury to Brown, Did you wash out any blood?

Brown. No, I did not.

Q. to Allpress. You said one of the men had a hanger.

Allpress. Yes, he had, he came up to me afterwards.

Q. Can you tell which it was that struck you with the pistol?

Allpress. No.

Q. Was the man with the hanger by at the time a man struck you with the pistol?

Allpress. Yes. I saw the hanger very plain.

Q. Was it light enough for you to distinguish the hanger?

Allpress. Yes. (A hanger produced by John Dinmore ).

Q. Have you ever seen that hanger before?

Allpress. Yes. At Sir John Fielding : I saw it in the hands of some of the people that were there that night. I know it by the hilt; it was held very near me; it was drawn.

Q. I suppose you could not see the handle?

Allpress. No.

John Dinmore . I am constable of the parish of St. James's, Clerkenwell, I had this hanger from Lydia Brown , about a quarter of an hour after the prisoner was put in New Prison.

Brown. I was told William Thomas was in Cow Cross and done some mischief there, I was going to Sir John Fielding's, for some of his men, and I met a young woman running after Mr. Dinmore; she had a broken pistol and a cutlass, which she gave me; I gave them to somebody, but in my hurry I don't know to whom; but there are two men at the door who can speak to that. The prisoner was at that time in New Prison.

Mary Hartrey . I saw the hanger in the prisoner's hand on the 28th at night. I saw him with it at Cow Cross about seven in the evening. The prisoner and one Hunt had broke my windows; a school boy came up and told me they were coming up again, and the prisoner drew the hanger and struck the boy twice with it.

Q. to Dinmore) What time was he taken.

Dinmore. The same night.

Hartrey. Dinmore came to me and I told him which way he was gone, and he went and took him; they came and told me he was taken.

Q. I suppose you can't speak to the hanger?

Hartrey. I saw a hanger: I can't speak to it particularly; I keep a chandler's shop; a girl came running into my shop, followed by the prisoner and one Hunt, she said they wanted her to go to Black Boy Alley, and insisted upon lying with her: she is a daughter of my next door neighbour, and is but thirteen years old. They came into the house and insisted on having the girl out; I struggled with them; I got Thomas to the door and gave him a fall; immediately as I had got the door fast Hunt dashed a pistol thro' the window with such violence, that he broke the sash frame and he broke his pistol, the lock stuck in a butter tub that was standing in the window and two pieces of the barrel and a piece of the lock lay by the side of it.

Dinmore. Brown gave me the butt end of the pistol and the hanger.

Halliburton. Here is the appearance of a piece of glass in the butt end of this pistol that is produced.

Thomas Evans . I have here the remaining part of the pistol; I had it from Mrs. Hartrey at Lydia Hall's house, that is her maiden name, her married name is Brown.

Foreman of the Jury. My Lord, the jury are in doubt. if this should be the same pistol, whether the glass that appears in the butt end of it, is the glass of the coach or of Mrs. Hartrey's window.

John Kipping . On the 28th of December, two lads came to my house to ask me if William Thomas was not wanted for the robbery at Chelsea.

Q. What, is that a phrase for being taken?

John Kipping . Yes, I told him he was; he desired I would come away immediately, for he was in Cow Cross with a drawn hanger and a pistol. I called up Mr. Dinmore, and we went to Cow Cross: he was not there; I went into a public-house, the Marquis of Granby's heads in Chick-Lane; I saw the prisoner standing at the fire; I went out and called Dinmore, we went in, and we met the prisoner in the passage coming out: he had this pocket pistol (producing it) in his hand; he held it partly behind him, I seized him, and pushed him up against the wall, then he dropped the pistol, and Dinmore took it up. The pistol was loaded with a piece of lead, rolled up and chewed.

Prisoner's Defence.

I served five years to a barbre, my master died, and my mistress left off the trade. I was recommended to lodge at Lydia Hall's mother's; I lodged there about a week, heard a great deal of cursing and swearing and bad language: the master I worked for got me a lodging on Saffron Hill. That Brown's husband was convicted on Wednesday of a highway robbery; he might give them to her.

Brown. There is a person at the door that saw me buy the cloaks of the prisoner.

Catherine Brown . I am sister-in-law to Lydia Brown . The prisoner came in on the 13th of December, at about eleven o'clock at night much in liquor; he asked for a lodging, he went to bed. When he got up, next morning, he told my sister that he found four cloaks over night; he went out and brought them. I saw my sister buy them off him: they were all over mud when he brought them.

Q. How came you to be so certain as to the day?

Brown. We had been disputing about the age of a brother of mine.

Q. Had you known him any time?

Brown. Yes, about a twelve-month.

Q. Has not your brother been tried this sessions?

Brown. Ye, on Wednesday. *

* See the Trial of Brown, Free and Pinckston, No. 106.

Q. What did your sister give for the cloaks?

Brown. Thirty shillings.

Q. What condition were they in?

Brown. They were dirty.

Dinmore. Brown came to me before her husband was taken up, and offered to give me the cloaks; I advised her to carry them up to Sir John Fielding 's.

The jury asked the reason why the coachman was not examined; and in answer to which; a gentleman in court deposed, that the coachman sad, before the justice, that the man that stood with him at the time of the robbery, prevented his turning round, so that he could not make any observation of the persons.

Acquitted .

130. (2d M) ROBERT ROBERTS was indicted for stealing five quarts of claret, value five shillings, two quarts of Champaign, value four shillings, two quarts of Maderia, value three shillings, one quart of old hock, value one shilling, one quart of oil, value one shilling, and twelve quart bottles, value fifteen pence , the property of Lewis Beauvais , December 16 . +

Lewis Beauvais . I live in Germain Street ; I keep a wine-vaults : the prisoner was my servant ; he was intrusted with the keys of all my cellars. About six months ago I began to suspect him: in August last, I went to France, the prisoner had access to the outer cellar where the wine was kept for daily sale; but the store cellar was locked with a padlock, to which he had not access. When I returned from France I brought a boy with me, I gave him, and my clerk orders to watch the prisoner; my cellar is at the bottom of the Hay-market; I hire a coach-house near Golden-square, which I keep for washing bottles. On the 16th of December, I asked the boy what the prisoner had been doing; he said, he and the prisoner had been at the coach-house washing bottles, and that they had been in the cellars. I asked what they did there; the boy, after some questions told me that the prisoner brought some soul wine out of the store cellars. I then asked the prisoner if any person had called for any wine; he said, no; I asked him if he had prepared any wine to be carried out the next day, he said, no; then I asked him what wine it was he had removed from the store cellars to the other cellars; he said, it was wine upon the lees. I then asked the boy in what part of the cellar this soul wine was, and whether it was standing, or together in a heap; he said, it was in two or three different places in the cellar, and that there were both red and white wine. I supposed it must have been both Burgundy, Claret, and Champaign, and none of the foul wine is in the store cellar. I sent the boy for the key of the little cellar, but the prisoner was gone with the key: I set out to go to the cellar, and one of the clerks followed me. I found the prisoner at the cellar door with some empty bottles and a hamper, he was putting the bottles into the hamper; he said, they were all empty bottles. I made him take them out, he took out about a dozen empty bottles, then there was a wad of straw, I put my hand under the straw, and took out a full bottle, which appeared to be Champaign; then the prisoner made a motion to kneel down and ask my pardon: I told him I must take him before a magistrate, he made no scruple at all; we then went to the office, and the magistrate asked how many bottles there were, I said, I could not tell, for I had only touched one: the prisoner then said, there were only one or two that he was taking to the coach-house for his drinking, while he was washing the bottles. The Justice ordered somebody to take an account of what was in the basket, and the clerk was sent with the key, and brought an account of five bottles of claret, two bottles of Champaign, two bottles of Maderia, one bottle of old hock, and two bottles of sweet oil. During the rest of the time he lived with me, till within these last six months, he always behaved honestly: about six months ago he fell into bad company, which I am afraid persuaded him to do wrong things.

George Barton . I am clerk to the prosecutor. On the 16th of December, my mistress desired me to follow my master down to the cellar; my master was out before me; I overtook him before he got to Charles-Street: we met the prisoner at the coach-house, and there was some empty bottles on one side, and a three dozen hamper on the other: my master asked him what he was about; he said, he was going to take some empty bottles to the coach-house to be washed: the basket was put back into the area; we locked the door, and gave my master the key. I went back to take an inventory of the wine, which was the same as mentioned in the indictment.

Joackim Lienel. The wine that the prisoner removed on the 16th of December, he said, was foul wine: he took two bottles in the bottom of the cellar, which was Champaign; he took out some other bottles from the bottom of the cellar upon the right hand side, which appeared to be Maderia, from the seal.

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

Guilty of stealing to the value of ten-pence W .

131. ( 2d M.) JOHN MARTIN , was indicted for feloniously receiving thirty-seven yards of printed cotton; the property of Joseph Tawlin and John Emerson , he well knowing the said cotton to be stolen , Dec. 1 .

The record of the conviction of Henry Welch , for stealing the said cotton, was read in court. ++

++ See the Trial of Henry Welch , No. 91, Last session.

William Edwards . I manufactured this cotton, I lost four pieces of printed callico; I saw them on the 4th, I missed them on the 5th, one Welch was convicted for stealing them at the last sessions.

Charles Grubb . I am a constable, on Tuesday fortnight I saw the prisoners wife coming by Hogg-Lane, they live near there, she had then a bundle under her arm, covered over with an old blanket, having heard of this matter, I was determined to follow her home: when I came into the house, I saw her husband the prisoner I asked her what she had got under her arm, she said, only some old blankets that she had taken from her lodgers, this have some old houses just by, which they let out in lodgings, the husband then said, poh, poh, they are only some old blankets, come with me up stairs, I will shew you more of them; that raised my suspicion more, I had the bundle opened and I found a sack under the blankets and in the sack was the cotton mentioned in the indictment. I took it way.

William Edward's cross examined.

Q. Whether you have not worked up great quantities of cotton, of the same sort and whether this might not be some other, and not a part of the four pieces of linen, Welch stole.

Edwards. I have worked up fifty pieces I believe, but all the rest, but those Welch stole were finished, this is not finished and I am very positive this is one of the four pieces I missed the 5th of Nov. last.

"Moulson Hodges. Deposed that the cotton

"produced was the property of Messrs. Tawlin

"and Emerson, whom Mr. Edward's work for."

Elizabeth Shields . I live with one Mrs. Wade, who keeps a broker's shop; when she was gone out the prisoner came in and sat down in the back parlour, that is a dark room, soon after that Welch came into the shop, and asked me if I would buy some new linen. I said no, we never buy any new linen: upon this Welch went out, then Martin stepped forward and said, what had the man to sell; said I some new linen; he said call him back again, I did call him, he asked him what he had got there, he told him, then the prisoner asked him what he asked a yard for it, he said twenty-pence; he was going to buy it by the yard, but I refusing to go out to borrow a yard, as there was no-body to be left in the house, he asked him what he would sell it for; to lump it what do you ask for the whole of it, said he; Welch told him thirty shillings, he bid him twenty shillings, and at last bought it for a guinea, he had seventeen shillings, and before he had paid for the whole, my mistress came in and lent him four shillings. Martin would have had me carry it home to his house, I would not go then, he said to my mistress do you put this in your apron and go for my wife wants to speak with you and you may take the four shillings of her. He does not live above twelve doors from my mistresses.

Cross Examination.

Q. What time did the man come in?

Shields. About twelve at noon on a Monday.

Grubb. My Lord, very unfair practices have been made use of in order to prevent this man's coming to justice; they took this girl last night and made her drunk, and got a post chaise to carry her into the country, if I had not taken her into custody; she would have been carried off last night, and the prisoner's friends have given her the cloaths she has on.

Court. Where did you get that hat and gown?

Shields. Mrs. Martin gave them to me.

Prisoner's Defence.

I leave it to my counsel.

A witness for the Prisoner.

Q. What are you?

A. I belong to his Majesty's houshold.

Q. In what office?

A. I am a Marshalsea court officer, I have known the prisoner seven years; I believe he is a general broker, and deals in all sorts of furniture. I never knew him but to be a man of good character.

Samuel Oakes . I am a gun-maker, I live opposite the the prisoner; I have known him seven years, I never heard any thing against his character. I had some small dealings with him

Mark Lovel . I am a shoemaker, I have known him three years, I never heard any reflection upon him.

- Berry. I am a butcher, I have known him eight or 9 years, he has a very good character.

- Kennedy. I have known him sixteen years, he has a good character; I have dealt with him myself.

Prisoner. The girl and her mistress about eight weeks ago, came to me at my own house and said there was a countryman of her's, (an Irishman) had some cloth, I went to look at it, she went with me, he said they are remnants; he asked me two shillings, I said I would give him twenty-pence; I asked him how he came by it, he said from Ireland. After I heard of his being taken, I said I gave a fair price for it, nor did I know he had stole it; I put down a guinea, the cloth lay in her open shop. That girl has been bribed upon several occasions, her mistress is an infamous woman; she was prosecuted for receiving these things last sessions, she said then, she knew of no more things; since that she has turned evidence against me, she stood indicted last Monday to be tried here. The constable is an infamous man and the justices are not too good.

Guilty T. Fourteen Years .

132. (L) WILLIAM HARTMAN was indicted for stealing a linen handkerchief, value ten-pence , the property of Nathaniel Thorley , January 13th . ++.

Nathaniel Thorley . Last night about six o'clock, going along Bishopsgate-street , I felt my handkerchief go out of my pocket, I turned round and saw the prisoner with it in his hand. I had it about five minutes before. I laid hold of him and he threw the handkerchief away. A gentleman that was with me picked it up.

Morton. I am constable of Bishopgate Ward, I was sent for to a public house there, the prosecutor gave me charge of the prisoner, for picking a handkerchief out of his pocket.

Prisoner's Defence.

I was coming along Bishopsgate-street, this gentleman laid hold of me, and said I had picked his pocket, there was a great many people, and the handkerchief lying on the ground. I never had the handkerchief, nor my hand near his pocket: I have no witnesses.

Guilty .

[Transportation. See summary.]

133. (L.) ELIZABETH LAZARUS was indicted for stealing eight pair of silk stockings, value four pounds, a pair of silk and worsted stockings, value five shillings, and two pair of thread stockings, value seven shillings , the property of Chamberlain Birch , January 5. ++

Chamberlain Birch . I am a glover and hosier in Leaden Hall Street . I lost the stockings mentioned in the indictment, on Thursday the 5th of January in the morning: house and shop is not together; my apprentice my and boy went to the shop before me in the morning, and found the shop door open; he came immediately to let me know the shop door was broke open, and I was robbed. When I came to examine, I found a considerable quantity of silk stockings lost: among the rest, the things mentioned in the indictment. By the information of a barber's man, in St. Mary-Axe, who had bought a pair of my stockings, I went to one Mr. Aggibb's, in Broad Street, and found seven pair of silk stockings, two pair of white thread, and a pair of silk and worsted stockings, that were brought me, by the barber's boy; the pair of silk and worsted were bought by the barber's boy for half a crown; they cost me five shillings and six-pence at Nottingham: by the same information, I found one pair of stockings in George Street, in the Minories: the stockings are in the possession of the constable. I know nothing of the prisoner.

Eleven pair of stockings produced by the constable, and deposed to by the prosecutor.

Frances Moses . I received a dozen and a half pair of stockings from Jacob Lazarus and the prisoner at the bar. Jacob Lazarus and his wife, the prisoner, were both together when I received them. I sold eleven pair of them for three guineas, and delivered the remainder back to the prisoner. I sold seven pair of silk to Mark Simper : one pair of mixed, and two pair of thread to the footman, and one pair of thread to the barber.

Q. What is the footman's name?

Frances Moses . I don't know.

Henry Harris . I was standing at the Compter waiting for the sherriff's officers to employ me: Moses's daughter came for me to go and take the prisoner. I went to the Old Bailey for some of Sir John Fielding's men; then we went to the prisoner's husband's house, in Bull Court; there we found the prisoner; she began to talk in Hebrew, and said, O Lord, what is become to me! she did not know I was a Jew: she said, she only sold the things for three guineas. I went and asked my Lord Mayor if I should go and bring that woman to him; he said, yes.

Marks Simper. Frances Moses sold me seven pair of silk stockings in the house where I lodged, I afterwards delivered them to the prosecutor, Mr. Birch.

Solomon Recca . I bought a pair of silk stockings of Moses, I delivered them to the prosecutor, before my Lord Mayor.

Mr. Birch. I received the stockings of the two last witnesses, I am positive they are my property.

Prisoner's Defence.

I never received any money for the stockings, I never saw them.

Harris. She offered to give me any money, to keep out of the way till after the sessions.

Guilty B .

134. EDWARD WELCH , was indicted for stealing ninety pound weight of lead, value ten shillings, the said lead being affixed to a certain building , the property of Richard Thorn , December 24th . ++

Richard Thorn . I live in Oxford-street, I missed some lead from a building that belongs to me, on the 25th of December, about four in the afternoon, it was brought to me by a watchman, and it so tallied with the building, that I have no doubt of its being mine.

Samuel Oliver . I am a watchman, on the 24th of December, about half after eleven o'clock, as I was walking up and down near the Middlesex-Hospital, a man informed me, that two men were gone by with some lead, I went after them, I passed them, and then turned round and faced them, and asked them what they had there, and they threw down the lead, I laid hold of the prisoner, he got away from me, but was stopped by another man; the other made his escape, the next day being Christmas day, we kept him in the watch-house 'till Monday, and then took him before justice Welsh, I found out by chance that it belonged to Mr. Thorn, and was taken from a shed of his, there was some lying by the shed not taken away, I saw the building, and the lead lying by it.

Robert Chambers . coming down Newman-street, at past eleven o'clock, I heard the watchman rattle; I met the prisoner, I stopped him, and asked him what was the meaning of the watchman rattling his rattle, some body called to me, to hold him last; I secured; him till the watchman came up, this was after he had got away from the watchman, I secured him, and brought him back again.

Prisoner's Defence.

I had no hand in it.

Guilty of stealing to the value of ten-pence.

[Whipping. See summary.]

135. (M.) ELIZABETH SMITH was indicted, for stealing twelve pound weight of sugar, value four shillings , the property of William Drinkwater , December 22d +.

William Drinkwater . On the 22d, or 23d of last month, I missed a loaf of sugar, Mr. White of Brentford stopt the prisoner with it.

(The Sugar produced by the constable.)

Drinkwater. It answers to that I lost, and the marks are the same, there is my own mark an O in chalk, and the sugar baker's mark 79, both these marks correspond upon this loaf of sugar.

Samuel White . The prisoner came to my house with some sprats, she went away soon after, she returned with something under her cloak, which proved to be this loaf of sugar; I took it some her, thinking she had stole it; I asked her how she came by it, she said a lady at Hampton-Court had given it her, I applied to Mr. Drinkwater, he said he had lost a loaf, and he described before he saw it the marks that are upon it.

Prisoner's Defence. I found it,

Guilty .

[Transportation. See summary.]

136. (M.) CHARLES COOKE was indicted for stealing six linen shirts value twelve shillings; a muslin neckcloth, value one shilling; a linen shift, value two shillings; a dimity waistcoat, value two shillings; eighteen linen clouts, value six shillings; and one pair of leather boots, value six shillings , the property of John Sacker December 24th . +

John Sacker . The day before Christmas day, I lost the things mentioned in the indictment; they were at the Lemon-tree, I wanted to have them brought home, the prisoner offered to help to bring them, there were some large drawers, he brought them upon his head at three different times, my child went with him, and at one of the times, in coming up Gerard-street , he said he went up stairs with the drawer, and then I suppose took these things out, some were found at a pawnbrokers, two shirts, a shift, a neckcloth and a pair of boots. The prisoner owned freely that he had taken the things mentioned in the indictment, and where he had pledged them.

John Greenwood . This shirt (producing it) I received of the prisoner; I had information of his pawning these things, I took him up and he confessed it before the prosecutor.

John Turner . I live with a pawnbroker. The prisoner brought the goods produced, and pawned them.

The prosecutor deposed to the boots.

Prisoner's Defence.

The prosecutor offered to forgive me if I would confess.

John Sacker . I never said such a thing: the confession was freely made.

Guilty , T .

137. (M.) EDWARD SPENCER was indicted for stealing a cloth waistcoat, value six-pence, a flannel waistcoat, value sixpence, two linen table cloaths, value one shilling, a linen napkin, value six-pence, two linen handkerchiefs, value eight-pence, a muslin handkerchief, value four-pence, and a linen shift, value sixpence , the property of George Robinson , December 30 . ||

Sarah Robinson . I am the wife of George Robinson . I left these things out on the 30th of December in the kitchen; how they were taken I cannot tell, I had notice of it afterwards. My husband keeps the Queen's Head, the corner of Ducking-Pond Lane .

John Shurbet . I live near the prosecutor. A little after seven in the morning of the 30th of December, I saw a man in Robinson's back kitchen; the window next the street was open, by that means I saw what the man was doing. I asked him what he had to do there; he said, he had left a bundle there; he was handing it out of the window: at that time I saw the prisoner in the street, near, or close to the window standing there, he at least stopped. I asked him whether he had any thing to do with the man in the kitchen; he said, no. I said, I think you have, and laid hold of him: the man in the kitchen was then just putting the things out at the window into the street, and nobody being there immediately to receive them, they all tumbled down; I secured this man.

John Bull . I saw the man take these pick-lock keys out of the prisoner's pocket.

Prisoner's Defence.

I happened to be going by when these things were putting out I was only accidently going by: I know nothing of them.

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

Guilty . T .

138. (L.) MARY, the wife of DANIEL MACKAWAY , was indicted for stealing a quart pewter pot, value six-pence, and a pint pewter pot, value four-pence , the property of Benjamin Geary , January 3 . ++

Benjamin Geary . I live in White-Cross Street . On the 3d of January, about six in the morning, the prisoner and a man came in, and had a pint of purl: they went out, and the prisoner came in again and had a glass of gin; I served her, and looking over the bar I thought I saw something under her apron. I let her go out of the house, and then I followed her, and found my pots under her apron, they have been in the constable's hands ever since.

The pots were produced by the constable, and deposed to by the prosecutor

John Negus . I am a constable. I received the pots from the prosecutor after he had taken them from the prisoner.

Prisoner's Defence.

The man I drank the purl with took the pots, I did not see them till I got out, then he put them in my apron, I was frightened and did not know what to do.

Guilty W .

139. (L.) RICHARD WOOD was indicted for stealing three case knives, value sixpence, and three case forks, value six-pence , the property of George Hebden January the 2 d .

The prosecutor was called, but not appearing his recognizance was ordered to be estreated.

Acquitted .

140. (L.) THOMAS KNIGHT was indicted for stealing a silk handkerchief, value two shillings , the property of James Cox , December 14 . ++

James Cox . As I was standing at the council chamber in Guild Hall , Mr. Payne detected the prisoner picking my pocket.

William Payne . When I was in Guild-Hall on the fourteenth of last month, I saw the prisoner take the prosecutor's handkerchief out of his pocket. I laid hold of him by the collar, kicked up his heels and found the handkerchief under him; I took him to the Compter.

Prisoner's Defence.

I took the handkerchief off the ground.

Guilty T .

141. (L.) SEYMOUR HICKMAN was indicted for stealing a man's hat, value one shilling and sixpence , the property of Robert Griffith , December 21 . ++

Robert Griffiths . I was at St. Paul's Church on the 21st of last month. I laid my hat down on the bench the church: I looked for it about ten minutes after and missed it; I turned round and saw the prisoner with it in his hand. I stopped him; he said, he took it in a mistake: I took him out of the church, and took my hat from him, he had his own hat in his hand at the same time, the constable of the church came up, and I gave him charge of the prisoner.

Frances Read . I have had the hat in custody ever since. (producing it.)

Q. Is the prosecutors hat, and the prisoners hat much alike?

Read. No, his own was an old shabby hat, not cocked.

Prisoner's Defence.

I stood by the gentleman in the church, going out I took his hat instead of my own by mistake.

Guilty .

[Transportation. See summary.]

142. (L.) THOMAS DOYLE was indicted for stealing a silk handkerchief, value three shillings , the property of Alexander Sutherland , December 31st .

The prosecutor was called, but not appearing, his recognizance was ordered to be estreated.

Acquitted .

143. (L.) THOMAS DANIEL was indicted for stealing a cotton handkerchief, value ten-pence , the property of John Cooper , December 17th

John Cooper . On the 17th of December, between five and six in the afternoon, going along Lombard street , with a lady, I felt a hand between her and me, I turned and saw my handkerchief in the hand of the prisoner, I collared him, but the lady fainting away he got from me, he was stopped by a constable who saw him throw away three or four handkerchiefs, and they were run away with by the mob all but one, which is not mine, I am positive to the man, and am sure I saw my handkerchief in his hand.

Prisoner's Defence.

I was further from the gentleman than I am now, there was another person running, the gentleman called stop thief, and I ran after him.

Guilty T .

144. (L.) JOHN DODD was indicted for stealing twenty eight pounds of butter, value eighteen shillings , the property of Thomas Hill , December 29th . ++

Thomas Hill. I am a porter to the St. Ive waggon, on the 29th of December, the waggon came in at six in the morning, we unloaded it, and pitch the butter at the top of the gate way, till the shop-keepers send for it, I have the charge of it, about nine o'clock the prisoner, and a half firkin of butter was brought to me by Joseph Young , the butter is delivered but the firkin is here, I am sure it was part of the butter I had in my charge.

Sarah Stevens . I live in Catherine Wheel Alley, I was going to the butter shop, I saw the prisoner take the half firkin of butter and put it in a basket and cover it with straw and put it on his head and go off with it, I went and told Mr. Young of it.

- Hill produced the half firkin and deposed to it.

Q. to Stevens. Was it that kind of firkin the prisoner took?

Stevens. I believe it was the same, it was of that kind.

Joseph Young . Stevens came to me and told me a man had taken half a firkin of butter, I followed him and took the firkin from him, and brought him to Mr. Hill.

Prisoner's Defence.

I was coming along, and a man hired me to carry the firkin to pettycoat lane, he was to waited for me at the black bull, as I was carrying it, this man followed me, and stopped me.

Guilty B .

145. (M.) EDWARD PUDDEFOOT was indicted for stealing a linen shirt value four shillings, and a muslin handkerchief value one shilling , the property of Samuel Birkley , December 20th . ++

Samuel Birkley . On the 20th of December the prisoner came into my house, and had two pennyworths of beer, there came in another man, and called for a pint of beer, while I went to draw it, the prisoner took the shirt and handkerchief from the dresser, my wife came down about twenty minutes after, and missed the things, we went in search of the prisoner directly we went to several public houses, and found him at the Crown at Mim's Wash, with the shirt under his coat.

William Pearce . I was at work at Mr. Birkley's on the 20th of December, I saw the prisoner make towards the dresser, and then go out pretty sharp, I thought I saw him put something under his coat, we pursued him to the Crown at Mim's Wash, we found him standing at the fire, we charged him with taking the shirt and handkerchief, he confessed taking them, we found the shirt under his coat, we were informed at another public house, that he had sold the handkerchief for three-pence.

The prisoner said nothing in his defence.

Guilty T .

146. 147. (M.) LEWIS CARR , and ROBERT LEWIS were indicted for stealing a watch, with the outside case made of metal, and the inside case made of glass set in gold, value seven pounds, the property of Christopher Pinchbeck , in the dwelling house of the said Christopher , January 10th . *

Christopher Pinchbeck . I keep a toy-shop in Cockspur-street , while I was at dinner on the 10th, instant, in a little parlour behind the shop, my son suddenly cried out with some vehemence, that he heard the window break, my daughter said a great hole is broke in the window, my son was going to run into the shop, I bid them not go out, or make any bustle, and they would in all probability come to see how matters stood, I set my son to watch in the snuff-shop, which joins the toy shop, and I placed myself in the toy shop. The consequence was as I imagined, both the prisoners went by and one of them, with a great imprecation, said d - n my eyes, they have not found us out, they crossed over to the Prince of Orange Coffee house; which is directly opposite my house, then they ran across to my window, put their hands through the hole, snatched the watch out and ran away, my son ran after them, he took the eldest (Lewis) with the watch in his hand, and he brought them both in, my housekeeper was so affected to see Lewis behave so hardened, that she struck him, he said with a great imprecation, what do you strike me for; and when one of my neighbours humanely said, do you know what you have done will hang you, he said I do not mind hanging, I sent my son with them to Sir John Fielding 's immediately, when they were brought into the shop, some pieces of wire were taken out of their pockets, the use of them seemed to be to pull things to them while they were in the street, Lewis said the other had taken the watch and given it him, now though I could see them both together, I could not by reason of the pieces of china, and things that stood in the window, distinguish which of their hands took the watch.

William Hebb . I am son-in-law, to Mr. Pinchbeck. On Tuesday last between two and three o'clock, my father and my wife, myself and our house-keeper were at dinner, in the parlour behind the snuff shop, we have two shops, a toy-shop and snuff-shop, the snuff-shop belongs to me, the toyshop to my father, I heard a crack, my wife went out and said the window was broke against where the watch hung, I ran out into the toy-shop, my father said stop don't be in a hurry, they will come back, he sent me into the snuff shop, he stood between both shops. In a minutes time the boys came down, they went to the coffee-house opposite, then they ran across to our shop, I saw them pull at it, which took it I cannot say, the little one ran up the Hay-market, the biggest with the watch down Pall-mall, I caught him by the collar and threw him down with force upon his face and he had the watch in his hand, the other ran up the Hay-market; which took it out I cannot say, they were both trying at it, I saw both their hands in the window, Lewis had a long wire inside his coat.

Lewis's Defence.

We did it because we were a hungry.

Hebb. The biggest boy had a piece of bread and half a red herring in his pocket.

Carr's Defence.

I was a hungry, I have no father nor mother.

Both guilty of stealing to the value of 39 s.

T .

148. (L.) JOHN BIRD , was indicted for stealing a linen handkerchief, value ten-pence , the property of Richard Newton , January 12th ++.

Richard Newton . As I was coming down Snow-hill , the night before last, I felt somebody at my pocket, I turned round and saw the prisoner conveying my handkerchief smartly out of my pocket, he threw it to another boy who ran away with it, I laid hold of the prisoner, not being able to lay hold of the other.

Q. Can you swear that it was your handkerchief that he gave to the other boy.

- Newton. Yes, I saw him give it a jurk out of my pocket, I saw his hand employed in taking and discharging of it.

Prisoner's Defence.

I was walking up Holborn, he stopped me, and said I had picked his pocket, I never saw him before.

Guilty T .

149. (L.) HENRY BRYANT , was indicted for stealing a linen handkerchief, value ten-pence , the property of Joseph Collurne , December 10th .

Acquitted .

150. (2d M.) SAMUEL STOCKWELL , was indicted for breaking and entering the dwelling house of Wright Priest , on the 27th of December , about the hour of two in the afternoon, (no person being in the said dwelling-house,) and stealing thirty brass cocks, value nine shillings, and three pair of iron binges, value eight shillings, the property of the said Wright, and a pair of silver sleeve buttons, value two shillings, the property of William Johnson , in the dwelling-house of the said Wright Priest .

Acquitted .

151. (2d M.) JOSEPH PONTIN , and RICHARD MORGAN , were indicted for stealing one camblet gown, value two shillings, one check apron value three-pence, one linen shift value six-pence, and three linen caps, value six-pence ; the property of Mary Burr , January 11th .

Mary Burr . I lodge in a public house, I saw the things mentioned in the indictment, up stairs in my room, about two o'clock, some were lying on the bed others hanging upon a line, about three o'clock I saw Pontin go out of the house, Soon after that I went up stairs and found all these things missing, he did not go out of the public-house door but he went into a room that communicates with the stairs and leads into the upper room.

The things mentioned in the indictment were produced in court and deposed to by the prosecutor.

Richard Wilcocks . I am a neighbour, I saw the two prisoners, Pontin came out of the house first and then Morgan, one of them had a bundle, they ran away very fast, I suspected them, and being told that the things were taken out of the house, I followed them, and after having pursued them a good way, they threw away the bundle, afterwards I took both of them, Pontin said, it was the first time he had ever been guilty of such an offence; Morgan was sullen and said nothing.

Elizabeth Biddle . I am mistress of the public-house, the two prisoners had quartered there and knew the way up stairs; I saw one of them with a bundle come out of the room and coming down stairs, I thought he was going to the necessary, they went out and went away.

The Prisoners called three witnesses, one of whom was their serjeant, who gave them a good character.

Both Guilty .

[Transportation. See summary.]

152. (2d. M.) WILLIAM ROOKER , was indicted for breaking and entering the dwelling house of Pulter Forrester , D. D. on the 15th of December , about the hour of four in the afternoon (no person being in the said dwelling-house) and stealing a silk tabby sacque, two sacques and coats value ten pounds, two pair of silk stockings value ten shillings, three linen shirts, value twenty shillings, two linen shirts value ten shillings, twelve pair of leather gloves value twelve shillings, one pair of cotton stockings value two shillings, sixteen linen table cloths value three pounds, thirty-six linen napkins value thirty-six shillings, three silk and worsted window curtains value forty shillings, six silver table spoons value thirty shillings, and one piece of silver value sixpence; the property of the said Puller Forrest, in his dwelling house . ++

Elizabeth Capel . I was intrusted with the care of the house, the family went out of town about June; I left it at night on the 13th of December, about eight o'clock, when I came again the next morning between eight and nine o'clock, the house appeared to be broke open, all the drawers were broke open, many things were taken away; I remember particularly some curtains which were taken out of a press which stood in the passage leading from the drawing room into the bed-chamber and a shift was taken out of that drawer.

Some of the articles were produced and deposed to by Chambers.

Peter Senhouse . I apprehended the prisoner and carried him before Sir John Fielding , the justice asked where he lived, he said, with his father, we went to his father's house, we asked for the prisoners lodging, he said his lodging room was locked, his father assisted us to break open the door, I found the head of the cane and some pistols, and some pick-locks.

Robert Mardell . I was present at the search of the father's house, he shewed us the room and said it was the prisoner's room, we found these picklocks and these things (producing them) one of them opens Dr. Forrester's door and might open many hundred doors besides that.

Prisoner's Defence.

I leave it to my council.

Guilty of stealing to the value of 4 s. 10 d. T .

153. (2d M.) REBECCA the wife of MATTHEW HOLMES was indicted for stealing six ounces of black ounce silk, value ten shillings , the property of Richard Tibbits and Charles Belchier , December 16 ++

Acquitted .

154. (2d M.) JAMES STEWART was indicted for felonously being at large on the 7th of January, in the parish of St. Clement's Danes, before the expiration of the term of seven years, for which he was at the last session ordered to be transported . Against the statute. ++

The record of his conviction was read. which corresponded with the indictment.

Thomas Lee . I was present at the trial of Stewart last sessions. I brought him down to take his trial, when taking him back again he made his escape.

Q. Did you see him receive sentence?

Lee. I did.

John Parker . I saw the prisoner at large this day week, and took him.

Q. Do you know when he escaped?

Parker. The last day of the session I believe: I saw him at the Nagg's Head Court, Drury Lane, at the house of one Wallace: I had an information he was there; I went in and took him there.

Prisoner's Defence.

As I went back to Newgate the door was open; the transports were going the next moning, as I was told; seeing the door open I went away, and went to my friends, they fitted me out to go to sea: I thought it better to transport myself than to go as a convict, and I was found in this room.

Question to the witness. What place was that in Nagg's Head Court?

Parker. It was a bad house; he took-up the poker to knock me down, I had a case knife or I should have had my skull split, I suppose .

- Prisoner. I asked what he wanted with me; I went quietly along with him to Sir John Fielding's.

For the Prisoner.

Mary Stewart . I am his sister: his friends kept him till such time as they could get him to transport himself.

Q. Was that his intention?

Stewart. Yes, it was.

Sarah Jones . He was kept private till such time as his friends could get him to go abroad, he was just fitted out.

Q. Was their intention to have sent him abroad?

Jones. Yes, it was.

Guilty , Death .

155. (2d M.) THOMAS LAMBERT was indicted for stealing two crown pieces , the property of Mary Smout , December 12 . ++

Mary Smout . I lodged in the same house with the prisoner. I put my box with my money in it in the room, where the prisoner and another young man lay: in one box there was a good deal of gold, and in a tin box there were three crown pieces; I missed the whole money; the prisoner was afterwards taken (two crown pieces produced in court.) I can swear to one of them, it is a queen Ann's.

- Robinson. I went to search the room where the two lads were; I required them both to produce their breeches, the prisoner delivered his breeches, and in his pocket I found the two crown pieces that are produced.

Prisoner's Defence.

I bought these crown pieces; some men were tossing up for money in the fields, and I gave them ten shillings and a pint of beer for them.

- Robinson. The prisoner before the justice said, he earned the two crowns.

Guilty T .

156. (M.) BENJAMIN HOLLOWAY, otherwise BROWN , was indicted for stealing a gelding, value twenty pounds , the property of Thomas Downs and James Spencer , October 31 . *

Acquitted .

57. (M.) JAMES GOUGH was indicted for stealing twenty yards of linen check, value fifteen shillings , the property of Francis Hopps , December 28 . ++

Francis Hopps . I am a linen draper . I lost three pieces of linen check on the 18th of December that were hung up before my door; I had seen them at one o'clock, which was about an hour before I missed them.

Daniel Misshaw . I saw the Prisoner between twelve and one o'clock, walking up and down before the prosecutor's door; I thought him not likely to be a purchaser, and suspecting he had some bad intention, I watched him, and I saw him take three pieces of cheek and put them under his coat, and then he pulled his coat off and wrapped them up in it. I collared the prisoner, and called John Sadler to my assistance: between us we secured him and the cloth.

John Sadler . I took the prisoner at the request of the last witness. I saw the three pieces of cloth upon him.

They were produced in court and deposed to by the prosecutor.

Prisoner's Defence.

That boy is a notorious pickpocket.

Milshaw. I am married and have two children.

Guilty . Note, Milshaw is but about three foot and a half high.

[Transportation. See summary.]

158. (M.) LAMBERT READING was indicted for feloniously breaking and entering the dwelling house of Sarah Pennant , Spinster, about the hour of four in the afternoon of the first of November , and stealing two silk neglegees, value forty shillings, one bombazeen sack, value twenty shillings, two silk sacks, value ten pounds, and three pieces of silk, value eighteen pence, the property of the said Sarah; two black silk neglegees, value forty shillings, and one bombazeen sack, value twenty shillings, the property of Catherine Pennant , spinster, one piece of silk, value one shillings, one silk gown, value ten shillings, one sattin gown and coat unmade, value forty shillings, and one yellow damask gown unmade, value twelve shillings, the property of Mary Smith spinster, in the said dwelling house .

Acquitted .

159. (M.) ISAAC BIRD was indicted for stealing a hand-saw, value two shillings, and forty pounds weight of lead, value three shillings, the property of persons unknown , January 4 .

Acquitted .

160. (M.) FRANCIS THOMPSON was indicted for stealing a silver watch, value twenty shillings, and a silver seal, value one shilling , the property of Benjamin Allen , August 18 . ++

Acquitted .

161, 162. (M.) WILLIAM CLAYTON and WILLIAM BRADSHAW were indicted for breaking and entering the dwelling house of Elizabeth Hyde widow, on the 8th of January , about the hour of seven in the night, and stealing one linen gown, value twenty shillings, one crape gown, value five shillings, one scarlet duffell coat, trimmed with fur value ten shillings, one stuff petticoat, value two shillings, one callico petticoat, value three shillings, one dimity under petticoat, value one shilling, two pair of linen sheets, value ten shillings, one muslin apron value five shillings, one linen counterpane value two shillings, one linen bed-gown value one shilling and two pair of worsted stockings value three shillings; the property of the said Elizabeth Hyde , in her dwelling house ++.

Elizabeth Hyde . I live at No. 11, by Oxford Chapel , I am a washerwoman , the things mentioned in the indictment are what I had taken into wash; on Saturday night I went up stairs about six o'clock, I staid up stairs about an hour, I came down accidently and found that not only the street door was open, which I believe to be shut, but the parlour door was likewise open, the drawers were open and several things taken away, I received the things again at a public-house, from a gentleman that was there, they have been in my custody ever since, (they were produced in court and deposed to by the prosecutrix.

John Bedo . I saw the two prisoners come out of this house, No. 11, between six and seven o'clock in the evening, after they came out they joined a sailor, who had a bag upon his back, I know them so as to swear they are the two men, I dodg'd them, I saw the persons put the things they had taken out of the house, into the bag that the sailor had, something dropped at the door, Clayton stopped to take it up, that gave me an opportunity of observing the persons more particularly, I am very positive to the persons of the men when they were put into the bag we called upon a footman who refused to give us any assistance, then we talked of calling for a coachman, and continuing to follow the prisoners, they droped the bag under a dead wall in the street; Berry took the bag up, the things were delivered over to the prosecutrix in the public-house.

John Berry . I saw the two prisoners put the things into the bag the sailor had, and then the footman being called upon, and refusing his assistance on our talking of a coachman the bag was dropped, I did not see it dropped, but Bedo shewed me where it was dropped, I went to the place and took up the bag, we carried it to the public house, they were took out of the bag, and delivered to the prosecutrix.

Prosecutrix. There were several things in t that were claimed by other people.

John Bailey . Bedo and I were together, we saw the prisoners with a sailor, I saw Bradshaw and Clayton come out of the house, they joined the sailor again, and the goods were put up into the bag.

The prisoners in their defence denied the charge and said if they were the persons, why did not the witnesses's secure them immediately.

Both Guilty of stealing the goods, to the value of thirty-nine shillings, but not guilty of the Burglary . T .

163. (L.) MATHEW STAPLES , and HENRY JOSEPHS , were indicted, the first for stealing one hundred and forty-four steel pen-knives, value five pound eight shillings, ten pair of iron knippers, value three pound ten shillings, ten pair of steel scissars, value four shillings and ten steel cork screws, value ten shillings , the property of Samuel Tewkes , and the other for receiving the above goods well knowing them to have been stolen , Dec. 20th ++.

Samuel Tewkes . I am an instrument case maker , Staples was my servant , I did not find any thing wanting, several instruments were stopped by Mr. Davidson, that turned out to be my property. (They were produced in court and deposed to by the prosecutor.

- Davidson. I am a pocket book-case-makr, Hyam Harris brought a dozen of knives, a dozen of nippers and a few other things, he offered them to me under the market price, therefore I secured him under a suspicion that he had stole them.

Hyam Harris . I had them of one Godfrey Alexander.

Godfrey Alexander was called but did not appear.

Samuel Sitton . Staples said he had taken a number of these kind of things from his master, and that he had been seduced and encouraged by Josephs to steal them, who had advised him to bring as many as he could, and he was ready to buy them.

Tewkes. Josephs cofessed he received the things of the prisoner, who he said told him his father was a cutler.

Staples Guilty T .

Josephs Guilty T. fourteen years .

164. (2d M.) LYON ELCAN was indicted for feloniously forging and counterfeiting on the 2d of January, a certain receipt for the payment of money, purporting to be signed by William Hart , for himself, and John Fikes , and Adam Lantin Scalager , which receipt is in words and figures following, (that is to say)

London, Sept. 3d. 1774.

"Received of Mr. Lyon Elcan , one hundred

"and sixty-pounds in cash, on account."

" William Hart , and Co.

160.

With intention to defraud the said William Hart , John Fikes , and Adam Lanten Schalager , against the statute, &c.

Second Count. For feloniously uttering and publishing the same as true receipt knowing it to have been forged with the like intent, against the statute, &c.

Isaac Kendall . I received a letter from the prisoner desiring me to come to him at the Poultry-Compter, I went there to him, he gave me the key of a small table drawer, i n which he said the key of his trunk was deposited, and desired I would bring him some memorandum books out of his trunk, in which were some receipts, I carried them to the Poultry Compter, and delivered them to him, he looked at the receipts and memorandums books, and gave them to me again

(Three receipts shewn the witness.)

Kendall. These are the three receipts I had from him, I staid about an hour with him, he expected he was going before my Lord Mayor, but I found they were taking him to Litchfield-street, I went with him there, they kept him there all day, I asked him why he had not a hearing, he told me he believed they were about making it up; in the evening they sent over to the public house we were at, (that was on Monday the 2d of this month to the best of my knowledge) they desired he

would send some friend over with the receipts.

Q. How did the justices know any thing about the receipts?

Kendall. I can't tell, I was along with Elcan there, and several of the parties, I believe, though I did not know any of them.

Q. Did you tell Mr. Carlton the clerk of the office of the receipts?

Kendal. I believe not, I applied to Mr. Carlton, to know why he had not a hearing of the justices, he said he thought he had better make it up.

Q. The charge then was for a fraud?

Kendall. Yes.

Q. How did you know what receipts you were to carry?

Kendall. I suppose Mr. Elcan had mentioned that he had some receipts, I went over with these three receipts at Mr. Elcan's request, and delivered them to one of the clerks in the office, and he went into the office and delivered them to Mr. Welch, Mr. Carlton his clerk, and myself, looked them over; when the receipts were looked over, I believe Mr. Hart was called in, and shewn them by Mr. Welch; he looked them over, Mr. Welch asked him if they were his receipts, he said the receipt for an hundred pounds, and that for fifty pounds, were his receipts, but that the other was not his receipt, Justice Welch replied, if those two are your receipts, the third is yours, he declared it was not his receipt, and upon examining that for the 160 the name William was at length; he said he always signed his name Wm. and his partner declared he always saw him write his name in that manner, and never William at length. Elcan was sent for, he insisted upon it they were Hart's receipts, and desired liberty to write his name upon the back of all the three receipts.

Q. Did he say upon what occasion that receipt for 160 was given?

Kendall. I dont recollect that he did, any more than that he had taken those receipts for the value he had paid for them. He said they were Mr. Hart's receipts.

Q. What was the charge then?

Kendall. On suspicion of obtaining a note or notes by false pretences.

Q. Was it with a view of exculpating him self from that charge, these receipts were produced.

Kendall. I believe so, when he wrote to me to come to him, he said he had the proper receipts for the money he had paid.

The Letter from the prisoner to the witness was read, the purport of it was desiring the witness of come to him at the Poultry Compter. As he had no other friend that he could trust his receipts and valuable papers with.

Q. The body of this letter is not the prisoner's hand writing?

Kendall. I believe he cannot write or read English. The first time I over saw him, was on the 17th of December.

Q. Do you know what he is?

Kendall. No.

Cross Examination.

Q. How long after the receipts were sent in to the justices, was it before the prisoner was brought over.

Kendall. I am not certain.

Q. You say, Hart said before the justice that he always signed his name William.

Kendall. Yes, he and his partner both said so.

Q. In what manner did he sign the information he gave there.

Kendall. In full length, Mr. Welch got up and seemed angry, and asked why he did not write his name there, as he always did.

Council for the Crown. When did you become acquainted with the prisoner.

Kendall. The first time I ever saw him to my knowledge was on the 17th of December,

Q. Because in this letter, he says, I have no friend but you that I can trust; that looks as if you was an old acquaintance.

Kendall. It does; I rather was surprized at that letter, it was wrote upon New Year's Day. I thought it a little particular that a person should forge a receipt and not be more particular in copying it from others, but write it at full length, when the others were only Wm.

Mr. Charles Cuthbert Carlton . I am clerk to the justices at the Rotation-Office, in Litchfield-street; an application was made for a warrant against the prisoner, on suspicion of a fraud, for obtaining a note for one hundred and sixty four pounds; the prosecutors were both there, when he was charged with the fraud, Mr. Kendall brought the notes over to me. When Elcan was in custody on Monday the second Mr. Kendall desired to know what the charge was, I told him it was for a fraud. Mr. Kendall told me that the prisoner said he had a receipt to produce; I acquainted the sitting magistrates with that, they told me to desire Mr. Kendall to bid Elcan produce them, Mr. Kendall took them into my room; we went with them into the room to Mr. Welch, before the prisoner was called in, Mr. Hart and Mr. Kendall were called in. Mr. Welch looking at the receipts, he thought they were all the same signing; but upon Mr. Hart and Mr. Fikes being both examined, they declared that the receipt for one hundred pounds and the other for fifty pounds, were the receipts signed by Hart for himself and co. but they both declared, the receipt for one hundred and sixty pounds was not the signing of William Hart , Mr. Welch cautioned them of what they were about respecting the charge against the prisoner, he was brought over and they both persisted in the charge that the receipt for one hundred and sixty pounds was not Hart's hand-writing; the prisoner said they were all given him by Hart, for money he had paid him

Q. Were the sums of each receipt mentioned before Elcan?

Kendall. Yes, all the three and he desired to mark the back of each of them with his name in my presence, he was committed for further examination that evening on suspicion of the forgery, the prisoner said he had further evidence to produce, on Wednesday he was brought up again, the informations were taken and the parties bound over to prosecute, when the question was asked by the justice about what consideration had been given for these receipts, the prisoner sainted away before he could give an answer, these are the receipts (producing them).

William Craft . I am a weaver, I was at the justices when the prisoner was examined; Mr. Hart had applied to me and told me how the matter was, and I went with him. I was there when the receipts to were produced.

Q. What did Elcan say?

Craft. That he had paid him the whole money, and that the receipts produced, were for that money, when the justice asked him whether that receipt was a true receipt, and what value he had given Hart for the receipt, he was so affected that he fainted away.

Q. You have seen Hart write often.

Craft. I have. (He is shewn the receipt.

Q. Do you believe that for one hundred and sixty pounds, to be Mr. Harts writing.

Craft. From the knowledge I have of his character and manner of writing, I don't believe it to be his hand-writing.

William Cooper . I am a starch maker: have known Mr. Hart a great many years: he was a servant of mine for about four years.

Counsel for the prisoner. You are not in partnership with him now?

Cooper. No, he has left me near two years.

Q. Did he keep your books?

Cooper. He, kept a rough memorandum book.

Q. Did you obtain a knowledge of his writing?

Cooper. Yes.

Q. Have you seen him write since.

Cooper. Several times.

Q. Do you look upon yourself to have sufficient knowledge to judge of his character and manner of writing?

Cooper. I think I have.

Counsel. Then look at the receipt for a hundred and sixty pounds.

Cooper. I am of opinion that is not his writing, the others I think are; I don't remember that I hardly ever saw him write his christian name at full length.

Cross Examination.

Q. Look at that name, William Hart to the information?

Cooper. It may be his writing, but he was n intimated much when he wrote that.

Jonathan Hitchcock . I am an indigo blue manufacturer.

Q. Have you dealings with Mr. Hart?

Hitchcock. Yes.

Q. Are you acquainted with his handwriting?

Hitchcock. Yes, I have all his receipts that I have had of him here to produce.

Q. Have your dealings been pretty large?

Hitchcock. To the amount of six or eight hundred pounds a year.

Q. Have you acquired such a knowledge of his hand as to be able to distinguish it?

Hitchcock. I think I have: I don't think this for the hundred and sixty pounds is his hand-writing; I never saw him sign his name at full length. I have a dozen receipts of his, I don't believe that character to be his handwriting, particularly the word Hart.

Cross Examination.

Q. The other two way you believe to be his?

Hitchcock. Yes.

- Freeman. I am of the same business as the last witness. I have paid him the sum of 1000, I have got the receipts for many hundred pounds, I don't believe this for one hundred and sixty pounds to be his hand writing, I believe the other two are.

Cross Examination.

Q. Did you never see them before?

Freeman. No.

John East . I am an oil-man, I have frequently had dealings with Mr. Hart.

Q. Are you a judge of his manner of writing?

East. I think I am, I don't think he wrote this for one hundred and sixty pounds, I think there is an imitation, but I never saw him write William at length before.

Q. What do you think of the body of the receipt?

East. I can't form an opinion.

The receipts read.

London September 3d, 1774. Received of Lyon Elcan , one hundred and sixty pounds in cash, on account, William Hart , and Co.

Prisoner's counsel. I pray the other two may be read.

London 31st. of October 1774. Received of Mr. Elcan, the sum of one hundred pounds in cash, on account, William Hart and Co.

London November 1st. 1774. Received the sum of fifty pounds, of Mr. Elcan, in full of demands, William Hart and Co.

Counsel for the Prisoner. Here is a receipt in full of all demands, subsequent to the receipt for one hundred and sixty pounds, and the person that must be supposed to forge the receipt, must do it from the two others, and there it is signed Wm.. here he signs it William.

For the Prisoner.

Nicholas Lee . I am a linen draper in the cloysters.

Q. Do you know William Hart ?

Lee. I do, I called upon Mr. Hart, to enquire about a bill for one hundred pounds.

Q. Did you hear any thing of him, about a receipt for one hundred and sixty pounds?

Lee. A person called upon me with a bill for one hundred pounds, which he wanted me to discount; I went to Mr. Hart, to ask if it was his acceptance, he told me it was, upon my pressing him closer, he said he had not received the full value, that the gentleman promised to give him the difference that night, that was about the latter end of October; Mr. Elcan called the next day, and I returned him the bill, and told him what Mr. Hart had told me. The next day or the day after, Mr. Elcan called again and shewed me this receipt for one hundred and sixty pounds; I suppose in order to convince me that value had been given for the bill. Mr. Hart called that day or the day after, he said he was satisfied, and had received value for it, and if I chose I might do the bill. I did not discount the bill, I told Mr. Hart, that I had seen a receipt for one hundred and sixty pounds to the best of my recollection, he said, he had given a receipt, but did not I believe say what for. His partner Mr. John Fikes , called several times after, and said they had given him two receipts, one for a hundred pounds, the other for fifty pounds; I mentioned to him, that he was surprized that he should say he had not received value, when he had seen his receipt for one hundred and sixty pounds, he said he had given him receipts for the purpose of facilitating the getting cash for the bills.

Cross Examination.

Q. The bill you speak of was for one hundred pounds?

Lee. Yes, I have it in my pocket, it is dated the 21st. of October 1774. I begged the gentleman who had it to let me have it.

Mitchell Embden . The prisoner desired me to discount this one hundred pound bill, I said it did not suit me, I took him to Mr. Lee, I told him what Mr. Luckad told me when he called again, that the acceptor said he had received only part of the value, and therefore Mr. Lee did not chuse to do it, he then pulled out his pocket-book, and desired me to look out for a receipt for one hundred and sixty pounds signed by the accepter of that bill I found it, he said he had other transactions with this William Hart , and Co. before this. This was in the evening about the 24th or 25th of October. I asked him if he would give me leave to shew the receipt to Mr. Lee, that he might shew it to the accepter, he said I might, I carried the receipt next day to Mr. Lee, Mr. Lee desired I would leave the receipt as he expected Mr. Hart to call, I did leave it.

Q. You have known the prisoner some time.

- Embden. Yes. He brought a gentleman to me from America who wanted to-borrow two thousand pounds on land.

Cross Examination.

Q. What business do you follow.

Embden. A jeweller.

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

Embden. It is about a twelve month ago when he brought that person to me.

Q. You mean to say you never heard any thing amiss of his character.

Embden. I have not. I never had any dealings with him.

"The Jury inspect the Receipt."

Court to Mr. Lee. Did you shew him that receipt for one hundred and sixty pounds.

Lee. I do not recollect that I did; I believe I did not, I think I had returned it before that time.

"The articles of copartnership between the

"prosecutors was produced, and the prisoner's

"counsel observed to the court, that the signature

"of William Hart was William."

Counsel for the Prisoner.

The name William Hart , here is signed at length.

Guilty Death .

165. (M.) DAVID MAYNE was indicted for stealing a stone seal ring, set in gold, value forty shillings; a stone seal, value one shilling; a steel watch chain, value one shilling: a printed book entitled Confession of Faith, the larger and shorter catechism, with Scripture Proofs at large, another book entitled. The Practice of true Devotion, value one shilling; another bound book, The Seasons, by James Thompson , value one shilling; Demonstration of the Existence of God, value one shilling; and another bound book, Bookkeeping methodized according to the Italian form, value six-pence ; the property of Alexander Hart , Esq ; October 28th +.

Mr. Alexander Hart . I am one of the two clerks to the High Court of Justiciary in Edinburgh; the prisoner lived with me about twenty months, he quitted my service the beginning of October last. Before he departed from my service in the beginning of August. I think I missed out of my bureau, a gold seal ring with an Alexander's head upon a stone, it was reckoned an antique; I had a particular value for it; it was made me a present by the lady of -, a friend of mine upon his death-bed; I mentioned it to my wife and to my partner Mr. Scotland, they advised me to search and that I should find it; I did search, but could not: I did not then suspect any body. Mr. Mayne applied to me, and told me, he had a letter from a gentleman in London, signed by a William Cragg , offering him eighty pounds a year to go to St. Vincent's. I told him I thought it was not a great addition; but if he thought it worth his while he might go. I did not at that time suspect he had took the ring; till upon examining my bureau within two or three days after he left my service, I missed some papers; it struck me the more forcibly his telling me so suddenly that he was to go abroad, having never mentioned it before, and this immediately upon the back of it, I found some confidential letters gone. I missed a draught by Archibald Stewart and George Macculoch upon me for one hundred pounds sterling, payable to James Adams , which I had paid. From several concurrent circumstances I had reason to suspect the prisoner. I began to call to mind the story he had told me, and to observe the improbability of it, that the ship was to go from London to Portsmouth and take in cargo. I have the copy of the letter here; I did not at that time miss the particulars in the indictment; the only loss I discovered at that time was my papers, and knowing this gold seal ring lay in the same bureau, in what we call a pigeon hole, and concluded that the person who had taken the letters had taken that ring. I found the cover of the letter upon which I remembered particularly the seal ring lying, the bureau was in a private office of my own, the prisoner had no business there, he sat in the adjoining room, which we call in Scotland, a writing chamber.

Upon this I enquired whether he was gone from Edinburgh, I could not find him that night, the next day I found he had gone that very night, when the rumour began to get abroad. I applied to the sheriff of the county of Edinburgh, for a warrant to apprehend him for examination. I obtained that warrant, I had information he had fled to England in a very precipetant manner, I pursued him to London; I got by the assistance of Sir John Fielding 's people, who were extremely obliging in the matter an account that he had fled to Dover, that warrant was backed by Sir John Fielding , and a warrant sent after him. I was informed that there was a trunk of his at Mr. Russell's, the agent in Clement-street; I applied for a search warrant. I was told I could not obtain that search warrant for papers, but I might for moveables of value; I had strong, belief, I might find my gold ring in this trunk or upon his person, I got a search warrant and went there with the constable, we got ready access to his trunk, in a very obliging and gentleman like manner, the first thing that struck me was a direction on the trunk in Maynes hand writing, not directed to him but to James Russel , Esq; in Clement-street, I knew it was his hand writing. I cast my eye upon the seal, it immediately struck me, it was the seal of that gold ring that I had lost, which was esteemed an antique, among the books, there were the confession of Faith, a book of Devotions, Mairs book-keeping, Thompson's Seasons and a demonstration of the existence of God; they were left in Mr. Russell's possession.

Mr. Russell. These books (producing them) were found in the prisoner's trunk; they have been in my custody ever since. Mayne the prisoner was recommended by an acquaintance of mine; I believe he asked leave to send the trunk.

Hart. These books are my property the first book that struck me was Kelson's Devotions, I know it from a particular examination, A nephew at my house was taught to repeat the hymns, he had wore it there; there was another book that I knew, entitled, A Demonstration of the Existence of God. I had two copied of Thomson's Seasons, but this was a large copy I bought of Mr. Donaldson; I know particularly the place where it stood, and in like manner the Confession of Faith: but that I might be under no doubt, I asked the prisoner; he acknowledged the books were mine, but said, he put them up by mistake. I wrote down to Edinburgh concerning then, and they wrote me word these books were wanting. I saw the prisoner when he was apprehended, and brought to Bow-street; I asked him for that seal ring, he refused it, I said, it was in vain to refuse it, because I had seen an impression upon his trunk, that I was absolutely certain was sealed with the impression of my ring; where did you get the impression?

"I got it at the Golden Cross, Charing Cross." Said I,

"well, we'll soon know that, I will send to the waiter." Said he,

"I got it of a gentleman there." My clerk said,

"why you have a seal to your watch." Said he,

"that is a small gold seal." Said he,

"let us see your watch:" immediately I knew the seal he had there to belong to me: that was a small seal set in gold: when I had it, the gold was wore away and the stone was dropped out; I put the stone in a writing box, so it was not set. On looking afterwards, I immediately knew the chain to be mine: the seal is a common head, I had sometimes sealed letters with. He said, he found it upon the stairs. I said, this chain is mine; where did you find it? He said, he bought it of a packman. I knew it from this circumstance, it had lost a swivel, and one of the links of the chain was broke, I had another put in, but it is a larger than any that were in before, I had another of the same size put opposite to it, and having it a long time, I know it perfectly well, on finding that seal, and on finding them impressions. I wrote to Scotland to see from some of my correspondents particularly Sir John Hacket , was asked if he had any letters of mine sealed with these seals. We did not find any, except this letter from me, dated the 18th of April 1773, and the impression corresponds exactly with this seal. There was a scrol of a letter found in the prisoner's box, which he acknowledged he had wrote to Colonel Cambel.

The prisoner letter dated 26th of October 1774, was read in Court. The substance of it was an acknowledgement that he fled from Edinburgh, for fear of some disagreeable consequence following some improper conduct.

Mr. Hart. He confessed that he had forged the letter, he shewen me, inviting him to go to the West Indies, and in his inventory was a parcel of books, whereas he said the books had been packed up without his knowledge.

Q. Were there any other books besides your's in the box.

Hart. Yes. The memoirs of a woman of pleasure and a scotch soog.

Cross Examination.

Q. Had not you a quarrel with the prisoner concerning the election.

Hart. No.

Q. Was not the original dispute with him concerning some papers relative to the election?

Hart. I had not dispute with him till he was apprehended.

Q. Did not you in a conversation with Mr. Mayne, in a private room at Sir John Fielding 's offer to discharge him if he would tell you what he had done with your papers?

Hart. I did not promise him any thing.

Q. Who carries on this prosecution?

Hart. I carry on the prosecution.

Prosecution.

Q. Is it carried on at your own expence?

Mr. Hart. I think that question is impertinent?

Q. Upon your oath is it carried on at your expence?

Mr. Hart. I have paid the expence.

Q. Do you expect to be repaid the expence again?

Mr. Hart. If the court orders me I will answer it.

Daniel Maclaurin . I am servant to Mr. Mayne, at Edinburgh, he deals in locks and things of that kind, the prisoner came down to me in my master's absence in see beginning of August, and wanted me to set right a lock of a drawer and of a desk; I took the lock off and put the bolt to rights he desired to make haste, and expressed his fears left Mr. Hart should come home before it was done; a lad came into the room and asked him what he was doing there, he said he was looking about some papers.

Jennet Gardner. I am servant to Mr. Hart at Edinburgh. The prisoner came at five o'clock one morning about a fortnight before he left the house; he took a candle and went into Mr. Hart's private room; I saw the key in the drawer; the prisoner could not get it out and he fetched Maclaurin to get it out.

Q. He frequently came early of a morning when there was a great deal of business?

Gardener. He did sometimes.

William Stevenson . I live at Edinburgh and let post-chaise; the prisoner had a post-chaise of me, on the 1st of October, he put up the blinds of the chaise and after he had got about three hundred yards, he stopt and told the driver that if he was asked who was in the chaise he should tell them, two lads going into the country.

For the Prisoner.

John Plarack . The prisoner lodged at my house at Edinburgh eight or nine months; I have seen him wear this seal publicly, in September and October.

Q. He was not very willing that his being at your house should be known, I believe, for a day or two before he set off for London?

Plarack. He desired we should keep him private for he did not chuse to see any of his acquaintance.

Q. Do you think he took a journey to London at so great an expence to secure this stone seal, and these paltry books?

Plarack. He must be a good deal out of pocket: I packed the things up for him, and some books.

Q. from the jury. Did you see the direction sealed upon the box?

Plarack. I did not see any direction upon it.

- Lewin. When I was walking with the prisoner, one day last summer, he took a small white stone out of his pocket unset, and asked me if I thought it worth setting. At first I thought it not worth setting, but upon a nearer view I thought it might bear setting. I saw him wear it publickly to his watch, after it was set. I have been intimate with him many years: he has a very good character for what I know.

Q. Do you know whether Mr. Mayne and his fellow clerks had access to Mr. Hart's books to read them for their amusement?

Lewin. I have seen books in the prisoner's room with a coat of arms on them; he told me they were Mr. Hart's, and that he had the privilege of taking them to read.

Andrew Mayne . I am the prisoner's father. I know my son had a watch chain like this produced, before he went to live with Mr. Hart.

- Young. I was clerk to Mr. Hart: we used frequently to take Mr. Hart's books home to read: he shewed me a chain that he had, and said, his father intended to buy him a watch: that is the chain, to the best of my knowledge, but it is so long ago that I can 't be certain.

Acquitted .

166. (2d M.) CHRISTAIN RICHIE was indicted for stealing a gold cup, value five pounds, and a gold funnel, value forty shillings , the property of John Troughton , July the 8th ||

Acquitted .

167. (M.) CATHARINE WIGMORE was indicted for stealing, three pieces of silk ribband, value five shillings , the property of Thomas Smeeton , December 20 . ++

Thomas Smeeton . I am a haberdasher , in East Smithfield : the prisoner came to my shop on the 20th of December, between four and five in the evening, and bought a bit of ribband: while I was measuring it I saw her put a piece in her pocket: I sent for an officer, and I found the ribband upon her. (The ribband produced in court and deposed to by the prosecutor.

The prisoner said nothing in her defence.

Guilty , T .

168. (M.) JOSEPH LLOYD was indicted for being found at large on the 29th of December, in the parish of St. Martin in the fields, before the expiration of the term for which he had received sentence to be transported . +

" John Heley produced the record of the

"conviction of Joseph Lloyd , at the Guild

"Hall, Westminster, on the 7th of January,

"1772. for stealing a cardinal, value ten-pence,

"the property of Mary Powel , when he received

"sentence to be transported for seven

"years.

Charles Este . I took up the prisoner for another fact in Craven Street, in the Strand, on the 29th of December last.

Henry Wright . I am turnkey of Tothil Fields Bridewell. The prisoner was in my custody; I am certain he is the person who was tried for stealing the cardinal.

Prisoner's Defence.

I have been at sea above a year and a half; I came home in a ship from abroad; Mr. Wright took me up. Supposing I was the person who returned from transportation; I took my trial here for it three-quarter's of a year ago and was acquitted. I was going down this street, a gentleman laid hold of me, and said, I was the person that had attempted to break open his house.

Guilty Death .

169. (M) EDWARD BATSFORD was indicted for that he in the King's highway, on Thomas Roberts , did make an assault putting him in corporeal fear and danger of his life, and stealing from his person, one silver watch, value forty shillings, one steel watch key, value two-pence; one cornelian stone seal, set in base metal, value one shilling; one man's gold laced hat, value five shillings, and four guineas in money numbered, the property of the said Thomas , August 9th . ||

Thomas Roberts . I am coachman to Mr. Manly, who lives in Argyle buildings , I had been spending the evening at a public-house nine or ten doors off where my master's horses stand, as I was coming home, I saw three men, one of them joined me, and began to enter into conversation with me, and walked with me to my master's door, I knocked gently at the door, nobody came, and then the prisoner snatched my hat off my head and ran away with it; I pursued him, and then a man came and took me by the collar; we had a long scuffle together, I was rather too strong for him, and I pulled off part of his cravat, and likewise a shirt buckle, then another came up to that man's assistance and knocked me down; as soon as I was knocked down I felt for my watch, and missed it, I am sure I had the watch in my pocket just before, when I was knocked down I was cruelly used, I was kicked upon my side, and head, was taken up for dead, and carried into a shop, when I came to myself, I missed four guineas, and two shillings, and a cornelian seal.

Q. Can you be positive to the prisoner?

Roberts. I can't positively swear to him, but I think he is very like the man.

John Heley . I attend at Sir John Fielding's office. There was an information laid at our office, against the prisoner, on another account, I went into the room he said was his. Upon the chimney-peice I found a watch, I asked him if he had any more, then he produced this watch, and put it on the table, I told him he must go before Sir John Fielding , I compared the watch with our books, and both the maker's name and number, answered to the name and number entered in our books by the prosecutor's information.

(The watch was produced in court and deposed to by the prosecutor.)

Roberts. I have kept in my possession ever since a piece of the cravat of the man I struggled with, that piece is marked I. D.

Heley. In searching the prisoner's room I found some neckcloths marked in the same manner.

Q. to the prosecutor. Was you in liquor?

Roberts. I had been drinking but was not fuddled.

Q. Are you sure you had the watch in your pocket at that time?

Roberts. I looked at it when I came out of the public house.

Prisoner's Defence.

I did not commit this robbery, I can prove I was in bed at the time.

Bartholem Arnold . I live in Bond-street, and let out chaises, the prisoner has lived with me five years, as a post boy , I have trusted him with considerable sums of money, he always behaved honestly, he married about a month before he went from me; I had made an appointment for him to go out at three o'clock, the morning of the tenth, I can't say whether he lay at my house that night, I rather suppose he did, he was ready in the morning, as I find by my books; I did not see him myself.

Daniel Nash . I have known the prisoner seven years, I allways looked upon him as a sober, honest lad.

Guilty Death .

170. 171. (M) WILLIAM THOMAS and FRANCIS HUNT were indicted for making an assault upon William Millard , with a certain offensive weapon and instrument called a pistol, with intent the money of the said William to steal, take and carry away , December 28th .

" William Millard deposed that on the 28th

"of December, Thomas stopped him in

"Black-boy Alley and demanded his money,

"that on his telling him he was a poor man,

"and had but a triffle, he knocked him down

"with a pistol, that he got up, and wiped

"himself, being all over blood, and went to

"follow him; but that Thomas put the pistol

"to him, and said if he followed him he

"would shoot him through the head, that

"there were two with Thomas, that he believed

"Hunt was one, but could not tell,

"that he pursued them into the Marquis of

"Granby, and they were taken up."

The rest of the evidence, see the trial of William Thomas , No. 129.

THOMAS, Guilty T

HUNT, Acquitted .

172. 173. (L.) JOHN AYRES and FRANCES his wife were indicted for conspiring together, with Edmund Brown , to defraud Mary Sprigmore Spinster, of the sum of fourteen guineas . ++

Mary Sprigmore . I found a twenty pounds bank note six months ago in Giltspur Street, near Smithfield: I changed it between three and four months after I had found it; at one Mr. Oliver's a linnen draper in Holborn; I changed it on a Friday: the two defendants came to me on Saturday, and told me that my note was gone to the bank and several more with it, and that none but mine was stopped and Mr. Oliver not knowing my name, it had gone in the name of Brown, and if I did not return Mr. Oliver all the money I had got left out of it, I should go to Newgate; they took me to the Blue-boar in Fleet-street, and made me deliver to them fourteen guineas to carry to the linen draper, then they came back and brought this receipt which they said came from the linen-draper; I can neither read nor write. (the receipt read.)

"October 29th, 1774; Received of Edmund

"Brown, fourteen pounds fourteen shillings

"in full and all demands, witness my mark, (a sort of a scratch) T. B."

I paid the money into Frances Ayres woman's hand, she counted it and sent her brother and her husband with it.

Q. Were both the prisoners there?

Sprigmore. All three together.

Q. Which told you the story?

Sprigmore. This woman.

Q. What did the man do?

Sprigmore. He stood by her, he did not touch the money, but went out along with the brother.

Q. Did he say he knew it to be true?

Sprigmore. He said they both had been to Mr. Oliver's, that he treated them with two shillings worth of brandy and water, at the White Swan in Holborn, and he said if I did not return all the money I had, I must go to Newgate.

Cross Examination.

Q. Do you mean to say the all told you the same story one after another.

Sprigmore. They all three told it me, I got the woman to go with me, because she changed the note with me.

Q. When they spoke to you about it some days after, did you ask them all to tell you the story?

Sprigmore. This woman and we had appointed to go out on the Saturday.

Q. Did you doubt it at first?

Sprigmore. I did not know, why it might not be gone to the Bank, I could not read nor write.

Q. You know this Edmund Brown ; he is not here?

Sprigmore. I don't know.

Q. I have you known him pretty intimately?

Sprigmore. I have known him a great many years.

Q. I believe he had the money?

Sprigmore. I paid the money to that woman.

Q. Did not she say it was fourteen guineas and pay it to Brown?

Sprigmore. She counted it.

Q. Was any found upon her husband or she when they were apprehended?

Sprigmore. There were four guineas found when they were apprehended, tuck'd in the chimney corner.

Q. Where did you get this note?

Sprigmore. I found it?

Q. Have not you given some different stories about your getting it; that your sister concealed it in her hair four or five months?

Sprigmore. No.

Q. Did you both have the note?

Sprigmore. We picked it up together.

Q. And your sister had the keeping of it?

Sprigmore. My sister and I too.

Q. What country woman are you.

Sprigmore. I came from Seeton.

Q. Do you remember a little accident that happened to you at Seeton?

Sprigmore. I don't know.

Q. Do you remember such a little accident happening, as ones being there publickly whipped for theiving?

Sprigmore. No.

Court. You must not ask her that question whether she was whipped for thieving.

Mr. Oliver. That woman brought a bank note to me, I changed it for her.

Q. Was that bank note stopped?

Oliver. I never heard that it was.

Q. You never sent any message to her?

Oliver. No, nor never wrote upon it.

Q. You never received back any part of that money?

Oliver. No, I never heard a word of it till the Monday after, when Mary Sprigmore , came to my house and told me this story, about their getting the money, I sent my servant to Sir John Fielding 's directly, imagining they had defrauded her out of the money.

For the Defendant.

- Cunningham. I have known the prosecutrix many years, there were five or six in family; I saw the mother and two of the daughters whipped at the stocks; her general character is very bad, and they are a very bad family not one of them were good.

Q. Do you know the prisoners?

Cunningham. I know Frances Ayres .

Q. What is her character?

Cunningham. I never heard any thing disrespectful of her character.

Q. What is her husband?

Cunningham. I never heard any thing disrespectful of him, I have known Frances ever since, I was ten years of age, she bears a good character.

Robert Smith . I have known Frances six or seven years, John Ayres about four; I never heard any thing bad of them before.

Q. What is John Ayres ?

Smith. He sells fish .

- Young. I have known Frances seven years, she bore a very good character, she is sober, civil and honest; I have known her husband four years he was very sober and civil as far as I over heard.

Catherine Murray . I have known John thirteen years, he has a very good character.

William Hill . I have known John nine or ten years, he has bore a very honest character.

Thomas Alston . I have known Frances Ayres six years, I never heard any thing to affect her character.

Wm Collins. I have known her three years she always behaved justly and well.

For the Prosecutor.

Elizabeth Hughes . The character I have heard by every one, that has ever known the prosecutrix. Her master and mistress is a good one, the first of my knowing her was when they came to take these people, about five or six months ago, she is very just and very honest.

Both Guilty. Judgment respited

174. (L.) MARK MINIKEN was indicted for obtaining from Charles Doxey by false pretences, an iron chest value nineteen pounds sixteen shillings . ++

Guilty .

William Pritchard , Edward Parker , Peter Thane , Richard Mitchell , Amos Merritt and John Overan , capitally convicted last sessions, were executed at Tyburn on Tuesday the 10th of January. The rest of the capital convicts were respited during his majesty's pleasure.

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

Received Sentence of Death, 8.

Joseph Lloyd , Edward Batsford , John Brown , Thomas Free , Thomas Pinkston , William Morely , Lyon Elcon , James Stewart .

Transportation for fourteen years, 3.

John Martin , Francis Merrit , and Henry Josephs .

Transportation for seven years, 44.

Robert Upham , Elizabeth Parker , William Holland , William Mathews , Abraham Dugard , Richard Bamfield , Alexander Dobeney , Bridget Singleton , Thomas Ward , John Howard , Rcihard Flint , James Mason , Stephen Chapman , Joseph Panton , Richard Morgan , William Rooker , Thomas Lambert , James Gough , William Clayton , William Bradshaw , John Rogers , Hannah Field , Daniel M'Clough , William Butts , Ann Simpson , Thomas Knight , Thomas Daniel , Seymour Hickman , William Hartman , John Bird and Matthew Staples , Joseph Garrat , Francis Bailey , Elizabeth Ellis , Elizabeth Hoare , William Thomas , Lewis Carr , Robert Levis , Elizabeth Smith , Charles Cooke , Edward Spencer , Edward Pettifoot and Catharine Wigmore .

Branded, 2.

John Dodd , Elizabeth Lazarus .

Branded and Imprisoned for six months, 1.

Sarah Jones .

Whipped, 4.

John Bennington , Edward Welch , Mary Mackaway , Robert Roberts .

NUMBER IV. To be continued Weekly. Price Six-pence.

THE LIFE OF ROBERT LORD CLIVE , Baron Plassey .

By CHARLES CARACCIOLI , Gent.

London: Printed and Sold by T. BELL, No. 26, Bell-Yard, Temple-Bar.

N. B. In this Number is Lord Clive's Amours at Paris, and in Number VI. will be given a beautiful sheet map of the East Indies.