Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 22 October 2014), September 1775 (17750913).

Old Bailey Proceedings, 13th September 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 13th, Thursday the 14th, Friday the 15th, Saturday the 16th, Monday the 18th, and Tuesday the 19th of SEPTEMBER, 1775.

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

Taken in SHORT-HAND by JOSEPH GURNEY .

NUMBER VII. PART I

LONDON:

Sold by T. BELL, at (No. 26.) the Top 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 Honourable Sir HENRY GOULD , Knt. one of the Justices of his Majesty's Court of Common Pleas*. Sir HENRY ASHHURST , Knt. one of the Justices of his Majesty's Court of King's Bench+. The Honourable Sir BEAUMONT HOTHAM , Knt. one of the Barons of His Majesty's Court of Exchequer||; Mr. Serjeant GLYNN, Recorder ++; Common Serjeant~; and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

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

(L) London Jury,

(M) First Middlesex Jury,

(2d M) Second Middlesex Jury.

London Jury.

Richard Heatley

George Resdale

James Marriot

Samuel Hanson

Thomas Bennett

William Smalman

Stephen Adams

William Palmer

Alexander Sutton

Thomas Hopkins

Charles Leadbetter

John Egerton

First Middlesex Jury.

Sampson Rainforth

Ralph Williams

William Gyblett

Thomas Dawson

James Wilkinson

Robert Williams

George Coupland

Thomas Darne

John Watts

Charles Kershaw

Dodd Cooke

William Orton

Second Middlesex Jury.

George Musson

William Holmes

Thomas Stevens

James Nelson

George Soward

Thomas Dobson

James Bramble

John Jack

John Stears

John Sarflen

James Ward

William Frisby .

James Stregent served part of the time in the stead of James Ward .

578. (M) WILLIAM GOSLING was indicted for stealing a blue cloth great coat, value eighteen shillings; the property of Charles Grave Hudson , Esq ; and a red and white linen handkerchief, value six-pence; the property of Robert Holmden , August 24 ||.

Robert Holmden . I am coachman to Mr. Hudson. I lost a box coat and a coat and waistcoat out of my master's stable at Mortlock in Surry . On the 23 l of August I saw them about half after eight at night, and missed them about five o'clock next morning; I found them at the house of one Mr. Madan, a salesman, in Rag-Fair, on the 25th; I told him they were stole from my master, and asked him how he came by them; he said, he bought them, and went out and brought to me a man, he said, he bought them of: he is here; I know nothing of the prisoner of my own knowledge; I have the coat and waistcoat in the handkerchief that was in the pocket: I asked Madan, if he bought a handkerchief; he said, yes, and produced that too.

(The box coat was produced in court, and deposed to by Holmden.)

Lawrence Mc.Carty . I am an old cloaths man, I bought the great coat and a coat and waistcoat of the prisoner and another man, at a public house, the coach and horses, Ratcliff-Highway. I never saw the prisoner before, but have seen him several times since, and I am sure he is the man. I bought them the day before Holmden came and found them, I gave fourteen shillings for the box coat; I bought the coat and waistcoat for sixteen shillings and a pot of beer, I sold them to Mr. Madan a salesman in Rag Fair the same day, the box coat for eighteen shillings and six-pence, and the coat and waistcoat for twenty shillings.

Matthias Chambers . I am servant to Mr. Madan, I bought the box coat of Mc.Carty for my master.

Prisoner's Defence.

I know nothing at all of the things.

Guilty .

[Transportation. See summary.]

579. (M.) THOMAS YOUNG was indicted for stealing a chesnut-coloured gelding, value ten pounds , the property of Thoman Hillson , July 24 +.

Thomas Hillson . On the 24th of July, I lost a horse out of a field near the two mile stone, on the Bow road ; I missed it the next morning. On Friday the 4th of August, one Mr. Brooks, a Brewer at Stratford, who had lost a horse some time before, informed me he had received a letter from a gentleman at Rye, giving him information of the horse he had lost, and describing another horse which he believed to be mine, and that his son and one Stevens were going to Rye to take the man in whose possession it was found, and if the other horse was mine, they would send me a line. I was sent for soon after to Sir John Fielding 's, there I saw the prisoner and my horse; I am sure the horse, I saw at Sir John Fielding 's was mine.

William Stevens . On the 4th of August between eight and nine in the morning, I took the prisoner on Mr. Hillson's horse in Fair-Street, Horslydown; I put him in a coach and I rode the horse to Sir John Fielding 's; I left the horse at the White Hart near Bow-street, with orders not to deliver it to any body till I came for it; when I returned, I saw Mr. Hillson at Sir John Fielding 's, I went with him to the stable, and shewed him the horse I found the prisoner upon.

Q. to Hillson. Was the horse you saw in the stable at the White Hart, your horse?

Hillson. Yes.

John Brooks . I was with Stevens when he took the prisoner upon the horse; we had a description of the man, being on my father's horse at Rye.

The prisoner said nothing in his defence.

Guilty Death .

580. (M.) MARY DYMOND was indicted for stealing a garnet necklace, value twenty shillings, a French bead necklace, value one shilling; a gold locket, value ten shillings; a linen napkin, value sixpence; one hundred French beads, value one shilling and sixpence; a two foot rule, value one shilling; two womens linen waistcoats, value one shilling and sixpence; and three stone hairpins, value one shilling , the property of James Spilsbury , September 4th . *

James Spilsbury : I am a warehouse-man in Tavistock-street, Covent-garden . I sell all sorts of womens apparel. The prisoner lived servant with me about eight months. Having had several losses, I suspected her. On the last Sunday se'night, a handkerchief was found, by a servant of mine, concealed in a hamper, in my coal cellar, containing forty or fifty different articles. This alarmed me exceedingly. I went the next morning to Sir John Fielding 's and got a warrant, and charged a constable with the prisoner. I examined her boxes. She shewed them very readily. She gave the keys of such as were locked. In the boxes, I found the things mentioned in the indictment. There were three boxes. They were in the upper room of the house, where the prisoner lay; but there was another woman servant lay in the same room.

George Turton . I am a constable. I was present when the boxes were searched. Two of them were locked, and one was unlocked. The prosecutor and I demanded to see what were in her boxes. She delivered the key of one of the boxes, and in that box, I found the two womens waistcoats; and there was a necklace in the box. I found all the things mentioned in the indictment in the boxes (producing them.) I have had them in my custody ever since.

Spilsbury. I am sure part of the things were in the box that was locked. The rule and the French beads are mine. I made the necklace myself. I can swear to this small necklace. I bought it for a nobleman for one of the masquerade dresses. The gold locket was a present from the Dutchess of Ancaster to my daughter. The linen waistcoats are my wife's. I can't swear to them.

"The linen waistcoats, gold locket, and the

"linen napkin, were likewise deposed to by

"Mrs. Spilsbury."

Prisoner's Defence.

The linen waistcoats, with other old linen, were given to me by Mrs. Spilsbury's sister. found the locket at the shop door. The beads I swept up from different parts of the floor:

Mrs. Spilsbury. They are part of my child-bed linen. My sister did not know where they were kept.

Guilty .

[Transportation. See summary.]

581. (M.) JOHN WILLIAMS was indicted for stealing two silver table spoons, value ten shillings; three silver tea spoons, value five shillings; a linen shirt, value five shillings; six yards of corded dimity, value twelve shillings; a piece of muslin, value fifty-five shillings; a pair of silver spurs, value twenty shillings; a silk handkerchief, value six shillings: a size jacket, value twenty shillings; and three pair of silk stockings, value fifteen shillings, the property of Rowley Lascelles , in his dwelling-house , August 26th . ||

Acquitted .

582, 583, 584, 585. (M.) DANIEL EAST , GEORGE CUTHBERT , THOMAS COOK , and JOHN FAGAN , were indicted for stealing a leather trunk, value five shillings; a cloth coat, embroidered with gold lace, value three pounds; a pair of cloth breeches, embroidered with gold lace, value forty shillings; a silk coat, embroidered with silver, value three pounds; another cloth coat, value three pounds; a pair of silk breeches, value twenty shillings; a blue silk waistcoat, trimmed with gold lace, value fifteen shillings; a green silk waistcoat, trimed with silver lace, value ten shillings; two gingham waistcoats, value twenty shillings; three pair of white linen drawers, value ten shillings; sixteen linen shirts, value forty shillings; ten pair of silk stockings, value five pounds; twelve cambrick stocks, value thirty shillings; twelve cambrick handkerchiefs, value twelve shillings; and four pair of lace ruffles, value forty shillings, the property of Charles Talbot , Esq ; four linen shirts, value twelve shillings; five muslin neckcloths, value ten shillings; three pair of worsted stockings, value six shillings; four pair of thread stockings, value eight shillings; a pair of nankeen breeches, value five shillings, the property of William Mares , August 25 . +

William Eyres : I am servant to Captain Talbot , the prosecutor. On the 23d of August, I packed up my master's trunk. It contained the several things mentioned in the indictment (repeating them.) I was present when the trunk, containing the several things, was put upon the chaise at Portsmouth. My master set out from Portsmouth, and got to town that evening, and then set-out for Ellington; about one without any servant.

James Ray . I was at Ellington when Mr. Talbot came there. The trunk was not behind the chaise then. It was found about the fourth mile stone, in Acton bottom, in a ditch. It was lost upon Friday, and found the Monday following. The trunk was cut, and the lock broke. There were many things left in the trunk; but there were likewise a great many taken out.

Charles Barnes . I assisted in putting the trunk upon the chaise, and strapped it across with two straps about the middle, and each end was fastened with a halter, so fast, that it could not possibly fall off.

Richard Ellerton . I helped to tie the trunk upon the chaise. I drove Mr. Talbot to Ellington. I saw four men between Shepherd's, Bush and the King's Arms. I am sure the prisoner East is one of them. The reason why I spoke to East, is, I observed him in the road, and thought he intended to get up to ride behind the chaise; therefore I kept my eye upon him till we came to the turn of a hedge, then I looked no farther.

William Bernard . On the 25th of August, Captain Talbot 's servant came to Sir John Fielding 's, and gave us information, that his master had lost his trunk from behind his chaise, between London and Ellington. Mr. Bond immediately sent some men to Hyde Park, some to Pimblico, and some to Tyburn turnpikes, and desired them to stay all night if the men did not come. I was stationed at Hyde-Park-Gate. About eleven o'clock, I saw the four prisoners coming, all loaded. I laid hold of Fagan. He had a double bundle with him; and the other three immediately set off towards the Lock Hospital. I called out to two other men that were with me to pursue them. I took two bundles from Fagan, containing several things. I only kept this pair of silk stockings, and a pair of nankeen breeches (producing them). The rest were given back to Mr. Talbot.

Eyres. The silk stockings are my master's property, the breeches are my own. I was present when the rest of the things contained in the bundle were delivered to my master, all of which were my master's property.

John Barnard . I took up the trunk not far from the place where it was cut off. A man had found a strap thereabouts; so myself and two others went in search of it, and found it in a ditch with a cord upon it.

Robert Hall. I found the strap the same day the trunk was stollen, about two in the afternoon, about three or four hundred yards from the four mile stone.

(" The straps were inspected by the court

"and the jury, and clearly appeared to have

"been cut.")

John Jennings . I went to the turnpike after Barnard, and was present when the men came there. Barnard called to me to run down towards the Lock. I ran; I saw East with his back against the rails facing the Queen's garden; he had a bundle; I secured him; there were several things in it; amongst the rest, this shirt and handkerchief, ( producing them.)

(" Eyres deposed, that they and the other

"things which were contained in that bundle,

"and were delivered up, were the prosecutor's

"property, and were in the trunk when it was

"lost.")

Charles Jealous . I was present with Barnard at the turnpike. Barnard laid hold of Fagan. I pursued the rest of them. There was a watchman in the road. I called out, and we stopped Cuthbert and Cook. I tied their hands together. Upon Cook I found a pair of ruffles.

(They were produced in court, and Eyre deposed that they were his master's property.)

Jennings. Upon East I found a pocket handkerchief; Cook said, if you look into the road you will find a blue bundle; I found it accordingly; in it were a shirt and a pair of stockings.

(They were produced in court, and Eyre deposed that they were his master's property.)

James Fox . I am a watchman. Upon hearing an outcry I stopped Cuthbert and Cook, Cuthbert had a handkerchief full of things; amongst other things a pair of silk stockings and a handkerchief, (they were produced in court, and Eyre deposed that the stockings were his master's, and the handkerchief his own property.)

Cuthbert's Defence.

I was going to Brentford along with a waterman to see a cricket-match at Kew Green; coming back just by Walham Green, I had occasion to ease myself, going near some logs I saw this bundle lay; I desired this young man to help me to take the bundle up: East asked me where I got it; I told them, when they lifted it upon my back I could not carry it. Cook said we had better put it in different handkerchiefs, and carry it towards home. I live in Westminster; Fagan was going to the turnpike, I said they had better go on the right hand by the dead wall, that was the nearest way home, and we would keep the things till they were advertised. Jealous came up, the watchman laid hold of me first, and asked me, what I had got; I said a bundle I had found.

Another of the prisoners, Jealous said, this man called out to him and Jennings to run after me. Does it stand to reason that this watchman, who could hardly run, could have stop'd me, if I had chose to make my escape.

All four Guilty .

[Transportation. See summary.]

586. 587. 588. 589. 590. (M) THOMAS WILLIS , THOMAS DAVIS , WILLIAM TOMKINS , ARCHIBALD BERRIDGE , and CHRISTOPHER, otherwise EDWARD ORNSBY , were indicted, for that they on the king's highway in and upon Richard Evans did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a man's hat, value six-pence; three shillings in money, and ten copper half-pence, the property of the said Richard , August 26 *.

All five Acquitted .

591. (L) JOHN DENNISON was indicted for stealing four ounces silver, value fifteen shillings , the property of Thomas Cox and William Watson , September 1st . ++

Acquitted .

592. (L) JOHN BLAY was indicted for stealing a linen handkerchief, value ten-pence the property of Edward Owen , August 26th . ++

Edward Owen . On the 25th of August, about half after twelve o'clock in the morning, I stop'd to make water in Ivy-Lane , the prisoner and another man came up to me and seized me, they rummaged my coat pockets and they turned my breeches pockets out and took my handkerchief; I had wiped my face with it not long before, they made off; I cry'd stop thief; the prisoner was stopped and taken to the watch-house: I saw my handkerchief there taken upon him.

(The handkerchief was produced in court, and sworn to by the prosecutor.)

Thomas Adams . I am a watchman. I was calling the hour at half past twelve; I heard the prosecutor call out, stop thief; I stopped the prisoner, and took him to the watch-house: Owen came up, he had his pocket turned inside out; the handkerchief was found upon the prisoner in the watch-house.

- Brooks I examined the prisoner in the watch-house, and found the handkerchief in his pocket; the prosecutor owned it as soon as he saw it.

Prisoner's Defence.

I kicked the handkerchief before me in the street, and picked it up.

Guilty .

[Transportation. See summary.]

593. 594. (L) THOMAS BRYANT and WRIGHT STAGG were indicted, the first for stealing five ounces of silver, value twenty shillings , the property of James Richards , and the other for receiving the said silver, well knowing it to be stolen , September the 2d . ++

James Richards . I am a watch-case-maker . The prisoner was my servant ; I had lost some silver out of my desk, which induced me to mark several pieces. On the 2d of September I missed the silver, mentioned in the indictment; I accused the prisoner with taking it; he denied it; I went for a constable; when I returned, he had confessed the fact (as I was informed) and where the silver was.

John Taylor . I am journeyman to Mr. Richards. The prisoner was an errand-boy there; Mr. Richards having missed some silver, marked eleven pieces, and put them in the desk; he desired me to look at them now and then: my master went into the country, and when he returned, he missed one of the pieces: I had not missed it before he charged the prisoner with it, he denied it; my master went for a constable; while he was gone, we asked the prisoner about it, and after crying a long time, he confessed he took it, and that Wright Stagg , who lived at a green-stall in Aldersgate-Street, was concerned with him. We went and took up Stagg. and found the silver in his pocket.

- Parker. I am a constable. Bryant gave me a direction to Stagg, in Aldersgate-Street; I went there and found him sitting by the fire; I searched him, and in his left-hand breeches pocket I found these two pieces of silver.

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

Bryant's Defence.

I picked it up by the shop door: I did not know what it was.

Stagg's Defence.

Bryant brought it to me, and asked me to lend him two-pence upon it; I lent it him, he said he would fetch it next morning.

Bryant called two witnesses who gave him a good character.

Stagg called several witnesses; among whom was his master he worked for; they all gave him a good character.

Bryant Guilty .

Stagg Acquitted .

[Transportation. See summary.]

595. (M.) SARAH WILLIAMS was indicted, for that she in a certain field and open place near the king's highway, in and upon James Abraham did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a watch, the inside case made of metal, and the outside case covered with shagreen, value forty-shillings, the property of Jane Reynolds , from the person of the said Jane , August 13th . +

Acquitted .

596. 597. 598. (M.) JAMES JOHNSON THOMAS BATH and HENRY GRAY were indicted, for that they in the king's highway; in and upon William Germain did make an assault, putting him in corporal fear and danger of his life, and stealing from his person, eight yards of Russia linen cloth, value fourteen shillings, and six shillings in money, numbered, the property of the said William Germain , September the 2d . ||

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

William Germain . I am servant to Mr. John Knot , at No. 33, New Broad street buildings. On the 2d of September, between nine and ten o'clock at night, going out of Oxford-Road to Phenix-Yard ; when I came opposite the hon. Mr. Cavendish's stables, it being very dark, Johnson and Bath came up; Bath tripped me up on the left side and Johnson on the right, and I fell on my hip; I had a piece of Russia cloth under my arm; when I recovered myself, I said, what do you want? d - n your eyes, said they, your money. That expression struck me rather in a flurry. I thought it hard to be robbed in that situation, having friends not above fifty yards from me: he held something to the right side of my head which I believe to be a pistol, but it was so dark, I could not see whether it was or no and said, they would blow my brains out: they had both hold of me, and one of them put his hand into my right-hand pocket, when he put his hand into my pocket, he shook like a man that had the palsy or an ague: he took out some shillings and some half-pence, I believe, I cannot say, and the key of my box: they then said, not a word of noise! no, said I, then they ran out of the gate-way, and crossed over to the right-hand side of Oxford Road towards Swallow-Street. As soon as I got out of the gate-way, I cried out three times,

"Stop robber, on the right-hand side of the way."

Q. Had you your cloth all this time?

Germain. No, Gray had it; I cannot say which took it up when I was down, but Gray carried it off: they all three ran off together; Gray was behind, Path and Johnson were about six yards before him: on my making the outcry, Gray dropped the cloth by a butcher's shop, the corner of Swallow-street; I took Gray at a little distance from the cloth; the cloth was picked up at the time I caught Gray by the breast; Bath and Johnson made their escape.

Q. You say this was a very dark night?

Germain. It was so.

Q. Had you ever seen any of the prisoners before?

Germain. I knew Johnson by fight.

Q. Did you know the other two?

Germain. No, I did not.

Q. Can you positively say that Bath is the other man?

Germain. To the best of my opinion he is.

Q. Do you now take upon you to swear Bath is one of the persons?

Germain. He is really one of the persons.

Q. From Bath. Whether as it was a very dark night, and you was in liquor, you had sufficient light to swear to us?

Germain. I was not in liquor, I had been doing business in the Adelphi for my master.

Q. You was in such a state that you can undertake to swear positively that Bath was one of the persons?

Germain. I do.

Q. From Gray. Whether you did not lay hold of me by the throat and almost throttle me, and then said, you was so drunk you did not know what you was about.

Germain. When I caught Gray I certainly griped him unmercifully as I would any thief; it was not above three minutes from the time I was robbed, till I took Gray and got the cloth again. I am sure it was the same cloth.

John Cooke . I live at the Green Man and Still, in Oxford Road. At about five minutes before ten at night, on the 2d of September, as near as I can guess, I was within a yard and a half of Phenix Yard, three fellows came running out of the yard, the least of whom had a bundle under his arm. I am sure the prisoners are the men; I can swear to their persons.

Q. It was very dark, was it not?

Williams. Not so dark but I could distinguish their persons. I am positive to them. As they were running across the road. I stood still to look at them. I could not think why three men should come out of the yard at that time of the night; in about a minute Germain came out of the yard, hollowing,

"A robbery! a

"robbery! a robbery! on the right hand-side

"of the way." I turned round, and pursued them. I came up with the little one, (Gray) and laid hold of him. He had not the bundle then; but he had it under his arm when he passed by me. A tall thin man made a catch at the two big ones, who were about four paces before the little one. He missed them, and they got by him. I came up to the little one, just as the prosecutor got hold of him. I know nothing of the taking of the other. I heard one of the big ones say to Gray, as they ran across the road,

"D - n your eyes, make

"haste, or else they will be after us."

Q. From Bath. Do you know any thing of me?

Williams. Yes; I know you by your having a very sharp cocked hat on, and being the first that passed by me.

Q. From Johnson. Can you swear to me?

Germain. Yes, by your dress. You had such a coat on as you have now; it was a loose bodied coat. I cannot swear to the colour. I can swear positively they are the men that passed by me.

Samuel Elliot . I am a constable. When Gray was in Marybone watch-house, he informed me, that Johnson and Bath were the two persons that were concerned with him in this robbery on Saturday night; that they were all three in company together; he told me, I might find them in Dyot-street, St. Giles's. I went to Dyot-street, and there I found Johnson; He told me; his name was Johnson, otherwise Dusty. I put him in a coach, and took him to the watch-house: then I went to Duck-lane, Westminster; there I took Bath, and brought him in a coach to the watch house. Gray, when before the justice, said, he hoped to be admitted an evidence, as the other men were taken by his information. Mr. Barnfather desired me to mention it in his favour.

Q. Was there any promise made to him, if he discovered the other men?

Elliot. No. The justices, on the contrary, said, as he was a party concerned, they could not admit him; but desired me to mention him to your Lordship.

Q. When he was first taken by you, did you promise him any thing?

Elliot. When he was first taken, and brought to the watch-house, he denied every thing; and on the Monday following, he denied knowing any thing of the matter, till the prosecutor came, and said, he could swear positively to him; then he told me, if I would go with him into a room, he would tell me all he knew of the matter; it was upon that I said I, would use my utmost endeavours to get him cleared.

"The prisoners said nothing in their defence."

Johnson guilty , Death .

Bath guilty , Death .

Gray Acquitted .

596. (L) JAMES MACKINTOSH was indicted for stealing eighty-one pounds weight of gunpowder, value five pounds; a hempen bag, value one shilling; three pounds weight of salt prunella, value two shillings; two pounds weight of salt petre, value one shilling; one pound weight of black lead, value sixpence; and two pounds of ivory black, value sixpence , the property of William Plomer , Esq ; Gabriel Heath , and Phillip Allen , July 15th . ++

Gabriel Heath . I am in partnership with Mr. Alderman Plomet and Mr. Allen. The prisoner was our servant . We observed our gunpowder decreasing. On the 15th of July, I was sent for by the justices, at the Rotation Office, at Whitechapel. I saw the prisoner in custody there, and the things mentioned in the indictment in a bag, which I particularly knew to be our property, by the marks upon it. I cannot swear to the other things.

Thomas Elliot . I am apprentice to Mr. Alderman Plomer. I can swear positively to the bag.

Joseph Barber . On Friday the 14th of July, the prisoner's wife came to me, and asked if I would buy a quantity of gunpowder. The prisoner and another man came at night, and informed me where he lived. After that, I went to the justices, and gave information, and had the prisoner secured. He was searched, and a pound of gunpowder was found in his pocket.

George Forrester . I went with Barber to the prisoner's, I found there the bag, and the other things mentioned in the indictment, in the prisoner's closet. There were about fifty pounds weight of powder, in a box, two or three pounds of salt prunella, salt petre, black lead, and ivory black. I took him to a public-house. The landlord asked, if we had searched him. I then searched his waistcoat pocket, and found a pound of gunpowder. I asked him where he got it. He would give no account of it for sometime. At last, he said, he bought it for a shilling; but he would not tell of whom.

Prisoner's Defence.

A cousin of mine, whose name is Mackintosh, who is steward of a ship, sent me these things. I don't know where he is now.

Guilty .

597 (M) SILAS SHEERS was indicted, for that he, in a certain field and open place, near the king's highway, in and upon John Foster , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a seal set in silver, value sixpence; another seal set in brass, value twopence; a steel watch-key, value one penny; and a guinea in money, numbered the property of the said John , August 13th . +

John Foster . On the 14th of August, at about one o'clock in the morning, I was robbed by a man in the Five Fields , as I was going to Chelsea, of a guinea, and in silver, about seven or eight shillings, two seals, and a watch-key. He pulled at the watch, the chain broke, and left the watch behind. I never saw the person that stopped me in my life before.

Q. Was you drunk or sober?

Foster. A little in liquor.

Q. Did you see enough of the man to know him now?

Foster. No.

Q. What reason have you to charge the prisoner?

Foster. I will not swear to any man; but the man who robbed me was a soldier. I saw a soldier in the public-house which I had just left.

Q. Are you sure the soldier you left in the public-house was the prisoner?

Foster. It was a soldier. I am not sure it was the prisoner.

John Noaks . I was going across the Ambury, Westminster, on Monday morning, the day after the robbery. The prisoner, and one Williamson, were in the watch-house. A man met me, and informed me there was a soldier had some seals of a watch, that a man had been robbed of in the Five Fields the night before. I asked him who the soldier was, and he shewed me the prisoner. I searched his pockets, and the lining of his coat, but could not find the seals. Then the man told me, he believed he had put them in his breeches. I searched his breeches, and found them.

(" They were produced in court, and deposed

"to by the prosecutor.")

Edward Horn . I saw the constable take the seals out of this prisoner's breeches.

John Hudson . I am a watchman in St. James's-street, Westminster. About a quarter after four in the morning, the prosecutor, and one Williamson. came down the street together. The pursuer said, he had been robbed of a guinea; and he gave charge of Williamson as being in company with a soldier who had robbed him. His neckcloth and face were very bloody. I locked them both up in St. Margaret's watch-house.

Ann Loams . I keep the King's Head, the corner of the Five Fields, Chelsea. The prosecutor came to my house, and asked for a pint of beer. He seemed very sober, and well dressed. He said, he would not detain me; and, before the beer was drawn, he had a glass of peppermint. In the mean time, the prisoner and Williamson came in, and asked for a pint of beer. They pushed into the bar, and sat down. There the prosecutor took out a guinea, and some silver. He paid me for the pint of beer and glass of peppermint, and then put the money again into his pocket. This was before the robbery. I then advised him to go home, and told him, one Mrs. Becket and my maid should see him home; for, in my own mind, I did not like the looks of these two men, though I said nothing. He said, no, he would not have any women go home with him, and he went out. The prisoner went out after him, and the other man followed.

Robert Williamson . I met with the prisoner at the King's Head. I knew nothing of him before. I wanted a lodging. He said, he would get me one. We went into the King's Head, and had a pint of beer. The prosecutor was there. Foster and the prisoner talked of going further to have some more beer. The prosecutor went out first, and the prisoner followed him. They went towards Chelsea. I said, I would go no further, for there were no more houses open. I went out just after, and saw them down on the ground before me.

Q. How far were they from you?

Williamson. Above twenty yards.

Q. Don't you know how they came down?

Williamson. No. I came up, and said, don't use the man badly, and then the prisoner ran off.

Q. To the prosecutor. Was you robbed by one man, or two?

Williamson. One man.

Q. The last witness was not present?

Williamson. While I was down, I heard somebody speak.

Q. How came you down?

Williamson. I was down.

Q. Was you knocked down or did you fall down.

Williamson. I received a little blow on my nose that made it bleed.

Prisoner's Defence.

I was going to work about eight o'clock in the morning; I picked up these seals, I went to see who was in the watch-house, and they charged me with the robbery.

Guilty Death .

598. (M.) GEORGE CHILDES was indicted, for that he in the king's highway, in and upon Thomas Holmes did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a guinea and a half guinea in money, numbered, the property of the said Thomas , August the 6th ||

Thomas Holmes . I am a coach-maker , in Long Acre. On the 6th of August, between nine and ten at night, I was coming to London in company with Mr. Edward Lloyd ; in the third field from Tottenham-Court turnpike , the prisoner Childes, and another man who is not taken, attacked me; they had both pistols in their hands; the person that attacked me, had a horse pistol; he demanded my money; I told him, if he would have patience I would give him some money: I put my hand in my pocket and gave him a guinea and a half; I heard the prisoner say to Mr. Lloyd, be quick, he said nothing to me; the other man, after I had given him a guinea and a half attacked me a second time, and demanded more money; upon that I seized him and struck him, but he broke my shin with his pistol and got from me. At that instant, I saw the prisoner run away from Mr. Lloyd.

Q. Did you know whether he had robbed Mr. Lloyd?

Holmes. No.

Q. Was it dark or light?

Holmes. Moon light.

Q. Did you know the prisoner before?

Holmes. I never saw him before.

Q. Will you undertake to swear now that he is the man?

Holmes. Yes, he is.

Q. You positively undertake that?

Holmes. Yes. Mr. Lloyd cried out, stop thief, and I with Mr. Lloyd instantly pursued him, and took him in less than a minute; we delivered him to a constable who searched him, and found something upon him, but I cannot say what; when we had secured him, he said, he went there to ease himself: the pistol was found in the field next morning.

"On his cross examination, he said, he did

"not take much notice of the man that was

"with him, but did of the man that was with

"Mr. Lloyd; that he pursued him immediately;

"that he was never out of his sight, but

"that he did not see his face till after he was

"taken: that it was a moon-light night; that

"the prisoner ran about one hundred yards

"before he was taken; that he saw nobody

"else in the field till the prisoner was taken,

"and that they found no weapons upon him."

Edward Lloyd . I was with Mr. Holmes on the 6th of August. Coming towards London, at about half after nine at night, in the third field from Tottenham-Court turnpike, the prisoner came up to me and stopped me first; he struck me over the breast with a pistol, and said, your money, your money. I said to him, take your pistol away and I will give you my money: he kept the pistol at my breast; in the mean time Holmes had a scuffle with the other man, and the prisoner immediately ran away: I pursued him, and he was taken in a minute; he was not ten yards from me; it was a moon-light night.

Q. You did not take the other man?

Lloyd. No.

Q. Did the prisoner say any thing when you took him?

Lloyd. He said, he wanted to ease himself; I took him to the Red Lyon, in Tottenham-Court-Road, where I knew a constable lived; I charged the constable with him, and desired him to search him; there was nothing found upon him but eight-pence; the constable found the pistol in the field the next morning; (the pistol was produced in court by Saw.)

- Saw. The prisoner was brought to me about a quarter before ten o'clock at night. Mr. Lloyd, whom I knew, informed me he had been stopped by a footpad, and charged me with the prisoner; I handcuffed him, and then he said, d - n your eyes now you have done your worst, you can but tuck me up. I searched him and found eight-pence upon him; he asked me to give him a pint of beer; I did, and he drank it: I then asked Mr. Lloyd where he was stopped; he said, in the third field from the turnpike: I took two men with me at three o'clock in the morning to the third field, and there I found the pistol in a water-gutter cut for the draining of water, eighty or a hundred yards out of the foot-path, towards Primrose Hill. As I was coming out of the field, I met Mr. Lloyd and three of four more with him, coming into the field; he asked me if I was come to look for the pistol; I said, yes; he said he should know it from a thousand. I then shewed it to him, and he said, that is the pistol that was at my breast.

"On his cross examination, he said, that

"Holmes was attacked and robbed by another

"man; that he was not above a yard from

"him; that he himself was not robbed at

"all; that it was not above two minutes from

"the time they were stopped till the time the

"prisoner was taken; that there was no one

"going by at the time; that he could swear

"positively that the pistol produced in court,

"was the pistol the prisoner held to his breast;

"that he knew it by the size, and some rust

"there was upon it; that he never saw another

"pistol like it; that the water-track

"where it was found was quite dry."

John Evans . I am a constable. Saw sent to my house for a pair of handcuffs; I went down to his house and handcuffed the prisoner; I told him, if he would discover the person that used Mr. Holmes ill, the gentlemen would be as favourable as they could to him in the course of his trial.

Court. You must not mention any thing he said in consequence of that.

The prisoner said nothing in his defence.

Guilty Death .

599. (2d M) JEAN DANIEL SOLAR was indicted for stealing a black mare, value three pounds , the property of Thomas Beauchamp , July 26th . +

Acquitted .

600. (2d M) HENRY FREEMAN was indicted for stealing a silver table spoon, value five shillings , the property of Nicholas Best , July 25th . ||

Acquitted .

601. (2d. M.) MARY RUSSELL was indicted for stealing two mahogany tea-chests, value two shillings, and six tin cannisters, value one shilling , the property of Robert Watman and William Burnet , September 8th ||

Robert Watman . I am a cabinet-maker , in Drury-lane , in partnership with William Burnet . On the 8th instant, ar I was at dinner, I was called down and saw the chests and the prisoner in the custody of one Lyon, the prisoner begged to be released, and said, she never did such a thing before: one was a second-hand tea-chest, and the other a new one.

Charles Lyon . I keep a shop in Drury-lane, close to the prosecutor. As I was at dinner, my servant called out, there was a thief: I pursued the prisoner into Middlesex Court; she had the chests under her cloak; I saw her throw them down: I did not know when I ran after her, whether they were my goods or the prosecutors.

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

Mary Smithers . I am servant to Mr. Lyon, I saw the prisoner take the tea-chest off a table that stood on the outside of Mr. Watman's shop; there was no one in the shop at the time, I informed my master of it.

Prisoner's Defence.

I don't know where the gentleman lives: I have five small children, and a husband quite blind; I work very hard; I was going to get some chips, it rained and I stood up; there came a great many people, they laid hold of me, and charged me with stealing the tea-chest.

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

602. (2d M.) ISAAC SHEERS was indicted for stealing a cloth coat, value five shillings; a pair of leather breeches, value two shillings, and a pair of worsted-stockings, value two shillings , the property of Francis Eyres , Esq ; July 29th . *

Francis Eyres , Esq; The prisoner was my servant . On the 29th of July I had been out, when I was returning home in the middle of the day, I met him with a large bundle coming out at the back part of my house, which comes into Strand-lane, the fore-part is in Surry-street . I asked him where he was going with that bundle: he said, he was going to his washerwoman's with a few things to wash. I could not think that was true; because a few weeks before he was very poor in shirts, and borrowed some money of me to redeem some he had in pawn. I took hold of the bundle, and bid him come home with me: he struggled with me; but I made him go into my office, there I made him open the bundle; the first thing I took out, was a pair of thin stockings that were made a present to me at the Isle of Jersey; I never wore them above once; they are very curious; I have been told they were worth a guinea and a half: he said they were his, and asked me if I would presume to swear to them: I looked at them, and said I would. The next thing I took out was the coat I now have upon my back; I asked him if he was going to have my coat washed too.

Q. You are sure it is your own coat?

Eyres. I am.

Prisoner's Defence.

My master has behaved very well to me, and been very good to me.

Q. To the Prosecutor. Was you about to discharge him at this time?

Eyres. No.

Q. Were these things worth more than his wages?

Eyres. I had paid him his wages before he had borrowed a guinea and a half of me, and just before this another half guinea, which exceeded his wages.

For the Prisoner.

Agnes Atkinson . I was fellow-servant with the prisoner at the time he told me he was going out to pawn the things, till his washing came home on Monday; he did not tell me what things.

Q. Did you see him go out with the bundle?

Atkinson. I saw him go out; I did not take notice of the bundle.

Q. Then you did not see him go out of the door?

Atkinson. Yes, I did, he went out at the back door.

Q. What time was it?

Atkinson. I cannot swear to the hour, I believe it was between five and six in the evening.

Q. Do you live with Mr. Eyres now?

Atkinson. No, I was discharged yesterday morning.

Guilty .

603. (2d. M.) HYDER CAMPION was indicted for stealing four yards of white flannel, value four shillings; two women's silk hats, value two shillings; a woman's silk bonnet, value six-pence; seven yards of black shalloon, value three shillings; two checque linen aprons, value one shilling; two white linen aprons, value two shillings: a silk handkerchief, value one shilling, and a linen handkerchief, value six-pence ; the property of William Gledhill , August the 5th . +

William Gledhill . I live in Swan Yard, White Chapel . On the 5th of August my house was robbed of the things mentioned in the indictment; (repeating them) I was informed next morning there were some people in the watch-house who had been stopped with them; I went and found the things; I have just mentioned, in the hand of a watchman. ||

Edward Davy . I am a watchman. On Saturday morning about four o'clock, I saw the prisoner and four other men together; they had all bundles under their arms: I said. lads, where did you get these bundles? one of them said, d - n you, what is that to you; I said, they might have made me a better answer, and I did not believe they came honestly by them; I pursued them; there were two gentlemen coming, I called out that they were thieves, and desired them to stop them, but they did not stop them: as soon as they had passed the gentlemen they began, running; I ran after, them; they ran up Lambeth-street; I saw some men coming, and cried, stop thief; upon that the prisoner made a stop, and I took hold of him; the other two; ran up a little alley that goes into Rupert-Square, and got off. I took the prisoner to the watchhouse, and found these things upon him; (producing them.)

Prosecutor. I cannot swear to the things, my maid can.

Mary Hunter . I am servant to Mr. Gledhill; these things are my master's (pointing out those laid to be his in the indictment) the things were all in the summer-house; the shalloon I know by the quantity; I had cut it off the piece the morning before, it has no mark upon it. I know this hat to be my mistresses's, the rest of the things have no particular mark upon them; to the best of my knowledge they are my master's.

Prisoner's Defence.

Going to work early in the morning, I found this bundle of things; some boys met with me and wanted to take them from me; while we were wrangling about it, the watchman came up and followed us, and took me.

Guilty .

[Transportation. See summary.]

604. (2d M.) CATHERINE HUNT was indicted for stealing a silver watch, value twenty shillings; a black silk ribband, value one penny; a base metal watch-key and a silver seal, value one shilling , the property of Robert French , July 20 . ||

Acquitted .

605. (2d. M) MARGARET the wife of HENRY SPENCER , was indicted for stealing a pair of linen sheets, value six shillings; a silver tea-spoon, value two shillings, and a linen table-cloth, value one shilling; the property of Joseph Adshead, being in a lodging-room let by contract by the said Joseph to the said Henry, to be used by him and the said Margaret . Against the statute, July 30 . *

Joseph Adshead . I live in Wardour-street . I let the prisoner a lodging in February last; she took it as for a widow: I would not suffer her to continue any longer, as that widow did not behave well, that was the beginning of last March; then she took it for herself; then her husband came; he lodged there divers times with her; she continued there till the latter end of July. A person advised me to examine my furniture, to see if there was any missing. I got a woman to examine the furniture, but she would not admit her to look at the things. I found the door half locked; I got in, and missed a pair of sheets, one of the sheets was near new: I missed a silver tea-spoon and a table-cloth, the sheets and table-cloth were let in the lodging; upon the Friday following I took the prisoner.

Christopher Brotherton . The prisoner pawned a pair of sheets with me on the 10th of May, I advanced her five shillings and three-pence upon them.

John Priestman . The prisoner pawned a table-cloth with me.

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

Prisoner's Defence.

My husband is a custom-house officer. I did it to raise a little money with intention to return it again.

For the Prisoner.

William King . I was accidently in court: I was surprised to see her in this situation; four years ago I knew her and her husband; they kept an inn in Cambridgeshire, near lord Montford's; I had business often with his lordship and used to put up at that inn. I have seen nothing of her since that time.

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

606. (2d M.) PHILLIP ROWLAND was indicted for stealing a pair of men's leather shoes, value five shillings , the property of John Atkinson and Adam Dunford , August 10 . +

John Atkinson . I am a shoe-maker in Newport-Street , in partnership with Adam Dunford. About the 4th of August last I lost two pair of shoes; the prisoner worked for me; I often missed shoes when he came to the shop to take his money. Upon the 10th or 11th of August I missed a pair of shoes that were made for a gentleman, out of that part of the shop where the prisoner rested. I went to the pawnbrokers, and at Mr. Lane's, in Drury-Lane, I found two pair, but they are not the shoes mentioned in this indictment.

John Duperry . I am servant to Mr. Jarvis, a pawn-broker, in Fetter-Lane. Upon the 11th of August the prisoner brought this pair of men's shoes to my master's shop to pawn; (producing them) he pawned them in the name of Thomas Gardner .

Atkinson. They are the property of my partner and me; they are marked D. A. besides I could swear from the make of them that they are our property.

The prisoner called five witnesses who gave him a very good character.

Guilty Ten-pence .

[Transportation. See summary.]

607. (2d M.) WILLIAM LEWIS was indicted for stealing a diamond ring, value forty shillings , the property of John Howell , June the 2d . ||

Acquitted .

608. (L) ANDREW HYSON was indicted for cutting, stealing, and carrying away six leaden sash weights, value three shillings; the said weights being affixed to a building belonging to the masters and wardens of the company of merchant-taylors, of the fraternity of St John Baptist , July 29th . ++

Walter Prosser . On the 8th of August, I was sent for to take charge of the prisoner, and the accomplice, Wood; when I had taken them to the Compter, I examined them separately; they confessed that they entered the house on the 7th, and took two leaden weights and some brass, and that the prisoner and Wood went afterwards, and sold it to one Hughes, for seven-pence halfpenny.

Q. Did you use any arts to obtain the confession from them?

Prosser. None at all. It was taken from an uninhabited house belonging to the merchant taylors; they confessed, that on Saturday they entered the house again, and took four other leaden weights, which were sound upon Wood.

William Parkinson . I saw John Wood and the prisoner standing against the house in Sun-street; it was the Sun ale-house; we had missed some weights and brass before; I informed my master of it, and my master and I took them both: I found four sash weights upon Wood; I found nothing upon Hyson; they were in company together.

Richard Woodier . I live within three doors of the Sun ale house; the last witness, who is my apprentice, told me, there were two men had been in the Sun ale-house; we took them both; we found four weights upon Wood. I went, and examined the windows, and the weights appeared to have been just cut off.

(The weights were produced in Court.)

Robert Nicholas . I am clerk of the merchant-taylors' company; I am only to prove the stile and title of the company, that it is as set forth in the indictment.

George Patterson . I belong to the merchant-taylors' company; I was not at home at the time of the robbery; but when I came home, I was informed some weights were gone from this house; I examined the premisses, and found the weights had been cut off.

Richard Wood . The prisoner and I were coming through Sun-street; I said here is an empty house that has been a public-house, I daresay there has been some money dropped, let us go in and see; we went in, and found one of the boards of the windows broke down, and one of the leads gone; I said, I daresay here are some more; we broke down the boards, and cut down three, and found another lying upon the hearth.

Prisoner's Defence.

I never took the leads.

Guilty of stealing to the value of ten-pence .

W .

609. (L) JAMES MACDANIEL was indicted for stealing a linen handkerchief, value ten-pence , the property of John Edward Kenrick , Aug. 3d . ++

John Edward Kenrick . Going up Holborn-hill on the 3d of August, between eight and nine in the evening, I missed my handkerchief; I turned round, and saw it in the prisoner's hand; he dropped it immediately as he saw me turn round; I pursued him, and knocked him down in the kennel, and then I charged a constable with him.

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

Jonathan Wilkins . The prosecutor gave me charge of the prisoner; I have had the handkerchief ever since.

Prisoner's Defence.

When the prosecutor knocked me down, there were two fellows, that said, I dropped the handkerchief; he called to them to be witness; they ran away; they were more ragged than me.

Guilty .

[Transportation. See summary.]

610. (L) JOSEPH PARKER was indicted for stealing a pewter quart pot, value two shillings , the property of William Francis , August 12th . ++

William Francis . I keep the King's-head, in Fore-street ; the prisoner came into my house on Saturday the 12th of August, and called for a penny-worth of beer; I suspected he had stolen a pot, when I came up; I let him go out of the house, and then went after him, and found a pot in the lining of his coat. I took him before my Lord-Mayor, who committed him.

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

Prisoner's Defence.

I own, I took it, and the gentleman took it from me; I never did any such thing before; I did it for want; I am sixty-three years of age.

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

611. (L) JOHN GWILLAM was indicted for stealing a woollen cloth coat, value ten shillings; a velveret waistcoat, value two shillings: and a pair of leather boots, value five shillings ; the property of Henry Else , April 1st . ++

Henry Else . The prisoner was my servant ; he left me, and went to live with a neighbour; he was taken up for another offence, and by a search-warrant these things were found. I missed them before he left my service, but I did not suspect him; I discharged him for being addicted to drinking.

Francis Phipps . I am a constable; Mr. Else and Mr. James gave me charge of the prisoner; I took him before the Alderman, and he confessed he stole these things, and sold them at an old choaths shop, at the top of Chick-lane; we went, and found them there.

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

Thomas James . I went with the last witness and found the things.

Prisoner's Defence.

They promised to forgive me if I would confess.

Else. I told him, if he would discover any accomplices, I would endeavour to get him made an evidence.

[Transportation. See summary.]

612. (L) DOVE ASH was indicted for stealing a Bill of Exchange, value ten pounds, date, Bridgenorth, July the 24th, 1775, in the name of Benjamin Hastlewood , directed to Messrs. Alderson and Sandland, Cateaton-street, London for the payment of ten pounds, seven days after date, to Cobbe Pittman , or order , the property of Richard Plestow , Esq . Aug. 3d .

General Plestow. I was at Vauxhall upon the 3d of August, I missed my pocket book, with some notes; it was in my waistcoat pocket; I am convinced it must have been picked out of my pocket, either in Vauxhall gardens , or going from the garden to the coach the next morning. I sent notes to the several places where the notes were payable, as a caveat against the payment of the notes, particularly to Anderson and Sandland.

Stephen Chambers . I am clerk to Mr. Anderson; a notice came for us to stop a note of the description of that in the indictment; the prisoner afterwards came with a note; being ask about it, he at first said, he was employed by a gentleman; he was asked, what gentleman? he said, he did not ask the gentleman's-name that employed him upon an errand. The constable was charged with him; then he said, he found the note.

Daniel Lancoln . I had the prisoner in custody; he said, he had the note of a gentleman to change, and he did not know his name.

Prisoner's Defence.

I found the note in the road.

The prisoner called a witness, who deposed, that the prisoner shewed him the note over night, and said, he had found it, and wanted to know whether it was worth any thing.

Guilty .

[Transportation. See summary.]

613. (2d M.) ELIZABETH the wife of WILLIAM SLAND was indicted for stealing a man's shoe, value one shilling, and a silver shoe-buckle, value four shillings , the property of James Mattocks , September 1st ||

Acquitted .

614. (2d. M) MATTHEW COOLING was indicted, for that he on the king's highway in and upon John Brown did make an assault, putting him in corporal fear and danger of his life, and stealing from his person fifteen shillings and three-pence in money, numbered, the property of the said John , August 19th +

Acquitted .

615. (L) WILLIAM BOWMAN was indicted for stealing a gold ring with an onyx stone set therein, value eighteen-shillings; another gold ring, value five shillings and a gold breast buckle with garnets set therein, value twelve shillings , the property of John Wood , August 18th +

John Wood . On the 18th of August I lost two gold rings and a gold shirt buckle with garnets, out of my shop in the minories the prisoner came to my shop, and asked to see a shirt buckle; I shewed him one, I asked half a guinea for it, he gave me eight shillings, he said he wanted several other things, stone knee buckles, &c. and asked me if I took thirty-six shilling pieces; I said, I did not take them in payment, I took them by weight; he said he had some by him, and he would fetch them. This was about twelve o'clock: as soon as he was gone, I missed a stone gold ring: the prisoner returned between four and five: I watched him then, and saw him take a gold ring and a gold shirt-buckle set with garnets: after he had done this, he was going, as he pretended, to fetch the thirty-six shilling pieces; I immediately stopped him, and then he put his hand in his waistcoat pocket and dropped the ring and shirt buckle; I saw him drop them; the other gold ring I took out of his waistcoat pocket; when he was searched he had but one shilling and six-pence and a few half-pence in his pocket.

(The things were produced in court, and deposed to by the prosecutor.)

Prisoner's Defence.

I met with a man who asked me to drink with him, he pulled out a thirty-six shilling piece, and asked me if I knew where he might change it; I told him at a silversmith's he might get it weighed; when we had drank a pint of beer together, he said, he had been in the gentleman's shop before, and asked the gentleman to buy the piece of him; he would not give any more than twenty-nine shillings for it; I went into the shop; I had a pair of silver sleeve-buttons, I asked the gentleman to mend them; I went out, and returned in the afternoon to the gentleman's shop for my sleeve-buttons; he said, they were not done; he said, I stole a ring; he put his hand in my pocket and kept it there some time; he told the people in the shop he took the ring out of my pocket; I did not know that it was in my pocket.

Guilty .

[Transportation. See summary.]

616, 617. ( 2d. M) ELIZABETH IVES and ELEANOR BROWN were indicted for stealing fifty-one guineas and seven half guineas in money, numbered, the property of Alexander Hanna , privately from the person of the said Alexander , July the 5th ||

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

Alexander Hanna . In the month of June, I arrived here from North America, and after I had made a sale of the little effects I brought over with me and had received the money. I was curious to see the city, having never been in England before: I happened on the 5th of July to pass through a place called Salt-petre Bank between four and five in the afternoon; the prisoner Ives stood at a door; she beckoned to me, and said, there was one in the house wanted to speak to me; I went in, but there was no person there; she bid me sit down; I sat down upon the side of a bed.

Q. Was this room above stairs or below stairs?

Hanna. Below stairs, After I had sat down she begged I would send out for something to drink, and she would tell me what she had to say to me: I gave her a shilling; she carried it, to the door and returned immediately with the prisoner Brown; Brown returned me the shilling and said it was a bad one, and asked me if I had any more money; I told her, I had not any more money, as I was not willing to let her know I had any gold about me; but at the same time I put my hand upon my pocket, which I believe they observed, Eleanor Brown came and sat down beside me, and began to use some freedoms; she laid one hand on my back and unbuttoned part of my breeches with the other; during this time, Ives sat down close on the other side; she turned the inside of my pocket out, and took from thence a shammy pocket of an old pair of breeches that I had cut out and put my money in; there were fifty-one guineas and seven half guineas: on my discovering that my pocket was turned inside out, they immediately fled out of the house.

Q. I suppose you said something.

Hanna. I had no time to say any thing; I buttoned my breeches as soon as I could and followed them to the door; there were some people at the door; I said, I had been robbed by two women that ran out at the door; a girl came up directly, and said, I lied, that I had no money to lose; and two men came up, they d - n'd me, and said, I lied, for I had no money, and they struck me.

Q. Did this girl and these men come out of the house?

Hanna. I don't know; they met me at the door, they did not belong to the house, as I saw; during the hurry, a number of people came round, and a woman came and shut the door of the house I was robbed in; I did not see her, till I saw her lock the door, I laid hold of her, and said, I had been robbed in that house, and would take care of her; I had hold of her, and wrested the key out of her hand, but was soon obliged to let her go, and was glad to get away with my life. I was then advised to inform justice Sherwood's runners of it, which I did, but I believe it was of no service, for one of them, whose name is Farrell, was the pretended husband of the prisoner Brown; they took several people but not the right: I believe they had no intention to take them. On the 7th, I was informed they had sled to the house of one Mrs. M' Carty at Deptford; I hired one of justice Sherwood's runners to go with me Deptford after them; when we came to the house, that man did not choose to go in to take them.

Q. When were they taken?

Hanna. The same night by one Weston, a constable, to whom I complained, and desired him to watch an opportunity to take them; there were thirty-two guineas and a half guinea found upon Brown: I was not at the finding of it.

"On his cross examination he said, it was

"between four and seven o'clock when he

"went to Salt-petre Bank; that he would not

"be particular to an hour; that he believed

"it was about five o'clock, but that it might

"be six; that he was perfectly sober; that he

"did not know whether justice Sherwood,

"when he went to him, granted a warrant to

"take them or not; but that four or five women

"were taken upon suspicion and committed

"to Bridewell; that he threatened them

"very hard, because he thought they were acquainted

"with the persons who had robbed

"him; that he did say to one woman in

"Bridewell, that he believed that she was

"concerned in the robbery, and threatened

"her, but did not say he would swear it; that " she did not say she was the person who robbed

"him, but that he believed she was concerned,

"and he would take care of her; that

"that woman was not one of the prisoners;

"that when he was robbed he did not feel the

"money go out of his pocket; that the first

"thing he observed was his pocket turned inside

"side out, and that he could swear positively

"do the prisoners."

George Waston . On Friday the 7th of July, the prosecutor complained, to me, that he had been robbed by two women; one he said went by the name of Elizabeth Walker , the other by the name of Eleanor Brown ; that the one was tall, and marked with the small-pox, and the other a short one, who wore a gold necklace. I told him, I would look out for them; after he left me, I went to the house of one Mrs. M'Carty and received some information that they were locked up in an empty house by the lower Water-gate, near Mrs. M'Carty's. I watched the empty house, and between twelve and one in the night, I took them both coming out of this house with Mrs. M'Carty. I searched Brown, and found thirty-two guineas and a half in gold, and fourteen shillings in silver upon her; I asked her how she came by it; she said, it was Jack Farrell 's money; that she had taken forty guineas from Farrell a little before: I asked her how Farrell came by so much money; she said, he had just received some blood-money; she said to Farrell, this is your money; he said, don't bring my name in question, I had not so much money to lose. This was at my house on the tenth; the money was in a nutmeg-grater. I likewise took from her a small box with a gold necklace and locket in it.

Margaret Naria . I was servant to Mrs. Palmer, who goes by the name of Mrs. Mc. Carty, at Deptford. The prisoners came to our house on Thursday the 6th of July, between twelve and one o'clock in the morning; when they got up, they had a great many guineas; they weighed them; they said, they had robbed a man of so much money and were obliged to come away for fear they should be taken, and that there were some people taken and put in prison in London; there was one guinea lighter than the rest; they gave it to me to go for a quartern of peppermint; I brought the guinea back, it was too light, and then Brown wanted me to go and sell all the light ones, but Mrs. Palmer said, she would go and sell them herself: she went out and bought some cloth for bed-gowns and shirts. Upon an alarm given, my mistress took them to an empty house near her's, and locked them up in it. I informed the constable of it.

Ives said nothing in her defence.

Brown's Defence.

I and Ives went out with Mrs. M'Carty to buy some things; the constable met with us, and took us to this empty house; he said, you b - s you are just come out of this empty house; he took my money from me, and then blew the candle out, and said, let the b - s go about their business. Mrs. Palmer called the watch; some watchmen came about and took us to the watch-house: I can make it appear the money is my own property.

For the Prisoner.

John Dixon . I am servant to the keeper of Clerkenwell Bridewell. I have here three commitments of people who were committed by the prosecutor for this offence. He said, at justice Sherwood's of a woman that was there, that she was one of the people that actually did rob him; the woman is at the door.

Q. Did he say what part she took in the robbery?

Dixon. He did not mention any particulars; O yes! I believe he said, she was one that sat on the bed.

Court. You say you believe, are you positive, he said, she was on the bed.

Dixon. No, I am not, It is so long ago, I cannot positively say.

Thomas Evans . I am turnkey of Tottlefields Bridewell; the prosecutor came to our gaol to look at the women, he said, he had been robbed by several people: I had in custody about sixty-eight women: before I let him go in, I had them all put out into the yard together; one Martha Robertson , who had a gold neckl ace on, said, she would pull it off, because he had said, the woman that robbed him had a gold necklace; she did, and dropped it into her bosom; he picked out her and Jane Lawson , he said to Robertson, you you jade have all my money, and I will swear positively to you: she clapped her hands together and said, O sir, I hope you will not do so. I then shut the gate and took him from the women's yard, to a yard of our own, and asked him, if he was sure she was the person; he laid, I am sure that pockfretten woman is the person that has got all my money: I said to him, my friend be sure, for you will be called to an account when you come to another court; he said positively Robertson was the person that robbed him, and Lawson was the person that was with her.

Court. Were the prisoners in your custody at that time.

Evans. No, they never were in my custody.

George Wynn . I keep the Black Horse, a public house, in New Gravel-lane, Shadwell. In the beginning of July two women were brought to our house by the prosecutor; he charged them with a robbery; he pulled one of the womens hats off, and said, you are the woman, I will swear to you.

Q. Who was that said to?

Wynn. Martha Robertson . I bid him take her before a justice; they went out of my house, and I saw no more of them.

Q. Was that woman either of the prisoners?

Wynn. No.

Court to the Prosecutor. Look once more at the women, and tell the jury whether you will now upon your oath say, they are the two women.

Hanna. I am upon my oath: I am positive these are the two women.

Both Guilty Death .

Recommended to his Majesty's mercy by both the Prosecutor and the Jury .

618. (M.) JAMES DIGNAM was indicted for that he in the king's highway in and upon Thomas Harebottle did make an assault putting him in corporal fear and danger of his life, and stealing from his person two shillings in money, numbered, the property of the said Thomas , August 12th . ||

Acquitted .

619. (M) JESSE BAITES was indicted for breaking and entering the dwelling-house of John Marshall and Samuel Bell , on the 28th of August about the hour of two in the night, and stealing thirty pounds in money, numbered, the property of the said John and Samuel , *

Acquitted .

620. (M.) MARY BURNS was indicted for stealing a black beaver woman's hat, value ten shillings: a white cloth cloak bound with worstead ferret, value eighteen shillings; a check linen apron, value four shillings; a linen shift, value seven shillings; a silk handkerchief, value one shilling; twenty shillings in money, numbered, and one hundred and twenty half-pence, the property of Richard Kitchen , in his dwelling-house , August 31st . +

Mary Kitchen . The prisoner was my apprentice . Last Thursday was fortnight, I lost out of my house the things mentioned in the indictment (repeating them) there was no one in the house but the prisoner; there were none of the things taken upon her, but before the justice she confessed that she took twenty shillings and a handkerchief.

John Pennock . As I was going to work, about six in the morning of the 31st of August, I me: the prisoner coming out of her Mistress's court. She had on a black beaver hat, and a woman's white market cloak, which came very low upon the ground. When the neighbours told me Mrs. Kitchen was robbed, I acquainted her with it.

James Dee . On Monday afternoon I took the prisoner in Covent-garden, and delivered her to her mistress before justice Welch. She confessed she took the money, and spent it: The justice asked her about the hat and cloak, but she owned to nothing else.

Prisoner's Defence.

I only took five shillings in money. My mistress had no more in the house.

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

[Transportation. See summary.]

(M) 621. HENRY JORDAN was indicted, for that he, in the king's highway, in and upon Henry Hoare , Esq; did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a watch, the inside case made of gold, and the outside case made of metal, value four pounds, and thirty shillings in money, numbered the property of the said Henry , January 22d . ||

Henry Hoare , Esq ; On the 22d of January last, about five in the evening, as I was coming alone in a post-chaise from Barnet, I was stopped in Pancrass parish , near the work-house, by two foot pads. One of them came to the chaise-door, and opened it, and demanded my purse, which I gave him. There were about thirty shillings in it, and a watch, the inside of which was gold, the outside metal. As soon as I had given it him, one of them shut the door, and bid the driver go on. I cannot swear to the person of either of the men. The person that opened the door put a pistol into the chaise, and the other stood on the other side of the chaise. (The watch was produced in court by Richard Pharez .) I believe the work and dial to be mine. The case is altered. The cypher that was upon the case is now erased.

Richard Pharez . I am a pownbroker. Upon the 10th of February one Richmond offered me a watch. I saw there was a false plate put over the name, by which I suspected that something was wrong. I took off the false plate, and then detained the man, while I referred to my book, by which I found this watch had been advertised. I immediately went to Sir John Fielding 's. He said at first, before the clerks, that he received it from one Gray, whose name was upon the false plate. Afterwards, when he was before the justices, he confessed he had it from Little and Jordan.

Matthew Richmond . I am a watchmaker, I live at Holborn Bridge. About the latter end of February, I was sent for by the prisoner to the Wheelers Arms, in Cloth-Fair. I found Little with him. I have known them both about two years. When I came there, Jordan said, he had a watch to dispose of, and asked me to look at it. He told me, it was a gold watch; but, upon examining it, I found the outer case was only metal gilt. He asked what I would give for it? At first, I said, I did not case to have any concern with it. At last, it was agreed he should have what money the gold box would fetch. After having it examined at the silver smiths, I allowed him one pound eighteen shillings for it. When I came back, I brought back the metal case, they let me keep that; they said, it would be of no use to them; then I got the metal box made for a movement, intending it for my own use, and put another name over it, by way of precaution; for I acknowledge, I suspected it was stolen. I went and offered to pledge it with Mr. Pharez. Mr. Pharez took off this false piece, and began to question me about it. I said at first, I had it from Gray. But when I was before Sir John Fielding , I confessed I had it from Little and Jordan. Little was taken up upon my information that night. I told Sir John Fielding , that Jordan was the man I had it from, and Little was in company.

John Little . Jordan and I went out from a house in Long-lane; we went between Kentish-town and Pancrass; we met this post-chaise. Jordan ran up directly with a pistol in his hand. The post chaise boy stopped. Jordan went round, and opened the chaise-door, and demanded the gentleman's money and watch. I went to the other door. As we were coming across the fields afterwards, he told me he had lost the money out of his pocket, and gave me the watch.

Q. Was you by when this watchmaker was sent for?

Little. I believe I was. Jordan and I were at the Wheelers Arm's together.

Prisoner's Defence.

I am innocent of what I am charged with. I know nothing about that man. I was taken at Tyburn Turnpike. I had been to Hammersmith to my two sisters. I had two bundles. two men stopt me. It was in the dusk. They asked me where I got those bundles? I said, from my sisters at Hammersmith. They took me to Sir John Fieldings '. I was had up twice. They asked me my name. I told them Jordan immediately. These men said, they had been in goal twenty-two weeks, and they should go and take them up again, about some robberies that had been committed. I was put back. They brought up these men, and I was swore into the robbery. Sometime after these men had first been an evidence, there was another Harry Jordan taken, just when I was first apprehended. These men cleared them, after they came back both of them to New Prison. Little declared to a man now in Newgate, that this Harry Jordan was the man; but he behaved always like a man to them; and therefore they cleared him for it. Some time after, this other Harry Jordan was taken again for house-breaking, with the property upon him, and these two men declared, that Harry Jordan was confederate with Little, and Little and he committed the robbery together; only Little cleared him for it, because he always behaved well to him. At that time, I was in the country. I did not know when the robbery was done, till I heard the indictment read over this morning. At Sir John Fielding 's they asked the prosecutor when the robbery was committed. He said, he did not know. Had I known when the robbery was committed, I could have brought sufficient witnesses out of the country, that I was there at the time. There is a man I believe in court, that knows when I went out of London, and returned to London. I went into the country the 26th of October; I came back to London again about March.

Court to Little. How long have you known Jordan?

Little. Near three years.

Court to prosecutor. Do you recollect the person of Little?

Prosecutor. No. The door was not open that he was at.

Court. You don't recollect any thing of their persons?

Prosecutor. No.

Prisoner. George Butcher , William Brannon , and Daniel Lees , who are in Newgate, will prove, that after they came from Sir John Fielding's, and this Harry Jordan had been taken, Jack Little brought some shoes and stockings Jordan had given him.

One of the Keepers of New Prison. This Harry Jordan was in New Prison at the time this lad was taken up; that Jordan was taken for another robbery, Little was in at the same time; Little was taken up first; there is a great deal of difference in the size of these two Harry Jordans .

Court. Did you hear either of these persons say any thing of that Harry Jordan ?

Keeper. No.

For the prisoner.

William Brannon .

Q. Do you know John Little ?

Brannon. Yes; he was in New Prison along with me last April. I heard him say, that he went up one rotation day to Sir John Fielding 's, there was one Harry Jordan taken up for a robbery; he was hanged two or three sessions back.

Q. What robbery was it?

Brannon. A footpad robbery.

Q. Do you know when it was committed?

Brannon. I was in goal. Little and I used to eat and drink together when I was in New Prison. He said this Harry Jordan has been a good friend to me. If I can do any thing to save him, I will. As for the other Harry Jordan , (meaning the prisoner) he is in the country.

Guilty , Death .

622. (M) THOMAS CHADBOURNE was indicted for stealing two yards of brown silk damask, value twenty shillings; a silk petticoat, value thirty shillings; two yards of lawn, value six shillings; six linen napkins, value six shillings; a muslin apron, value eight shillings; a pair of stays, value ten shillings; a silk handkerchief, value two shillings; a linen shift, value three shillings; three linen table-cloths, value fifteen shillings; a silver hast of a knife, value fifteen shillings; a silver breeches buckle, value three shillings; and a pair of gold wires, value one shilling and six-pence, the property of Solomon Jacobs ; and one cheque linen apron, value one shilling, the property of Judith Eleazer , in the dwelling-house of the said Solomon Jacobs , Aug. 18th . +

Acquitted .

623. (M) JAMES PERCIVAL was indicted for stealing three quarts of wine, value five shillings; three pints of brandy, value four shillings; and six glass quart bottles, value one shilling , the property of William Aldridge , July 14th . *

624, 625. (2d. M.) MATTHEW BEVAN and JOHN JENNINGS were indicted, for that they in a certain field and open place hear the king's highway, in and upon Thomas Hillier did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a silver watch, and a guinea and half a guinea in money, numbered, the property of the said Thomas , July 3d . *

Thomas Hillier . Coming alone from what they call the half-way house from Hampstead to London, about a quarter after nine at night, the third of July, I was robbed. I was met in the footpath in the field by the two prisoners at the bar. I saw they had two short bludgeons in their hands; I did not much like the looks of them. I passed them; I met them near some hay-stacks; I said something low that I wished them a good evening, or something of that sort; they said something low in reply, I cannot say what; I walked pretty fast across that field; I had a great mind to run, but was afraid; I looked behind me several times going across the field, and I saw them turn up towards the hay-stacks: I came forward and walked pretty fast across that field; just as I came out into the next field there was a gateway but no gate; I saw one of them come through a gap in the hedge; he ran across the road and ran up to me, and took hold of my collar with both hands; knowing him to be one of the persons I was a good deal afraid, thinking the other man was near; I did not see the other directly; he said,

"have you

"got any money in your pocket?" I rather smiled and said, what do you mean by asking whether I have any money in my pocket? then he said,

"d - n your blood, I will have it

"before you go any further:" I told him I had got but a little in my pocket; I took my purse out of my left-hand pocket, there was a guinea and a half guinea in it; I held it out to him, and he took it; he said,

"d - n your

"blood, you have got a watch:" I said, yes, I had; while these words were passing, I looked over my shoulder, and saw the other man that I had seen before come out of the same gap; he came up with his stick in his hand and directly struck me over the left leg, and said,

"d - n your blood;" the other then took the watch out of my pocket: the second man kept beating me over the leg; just as the first had got my watch out of my pocket, I was turning my head round, and the other that had been beating me before, hit me a blow upon the temples that brought me to the ground. I lay a little upon the ground, my senses were gone for a considerable time; I got up; after I recovered myself I found them both standing by me; they swore I had more money in my pocket; they searched my waistcoat and breeches pockets; the fellow swore all the while, and kept beating me; after that the second man that beat me, said,

"d - n your

"blood, why don't you go along?" the other had hold of my collar at the same time. I said, I could not go while he held me by the collar; then he let me go, and the other said,

"d - n

"your blood why don't you go along," and then they went away.

Q. When was the next time you saw them?

Hillier. About a month afterwards at Sir John Fielding 's.

Q. Was it light at the time you was robbed?

Hillier. Pretty near as light as it is now.

Q. Did you take notice of the faces of the persons so as to know them?

Hillier. I took particular notice of both their faces; I always said, I should know them, if ever I should see them again.

Q. In what room did you see them at Sir John Fielding 's?

Hillier. I saw one of them in a back room over at the publick house; I knew him immediately; I afterwards saw him before the justice.

Q. Which was that?

Hillier. Bevans. I immediately charged him in the office with being one of the men that robbed me.

Q. What sort of a watch was it?

Hillier. A double case silver watch; it had my own name engraved in the inside of the case, and the date of the year 1756, it had a steel chain, a seal, and a brass key.

Cross Examination.

Q. Was you going from Hampstead to London, or from London to Hampstead?

Hillier. I was coming from Hampstead to London?

Q. You say you met two men, they were going then from London to Hampstead.

Hillier. Yes.

Q. You passed them instantly, so could have no great view of them then?

Hillier. What made me take more notice of them was, I saw they had two short bludgeons.

Q. At that time of night the light was not good?

Hillier. It was not day-light nor dark.

Q. Might it not be half after nine o'clock?

Hillier. I will not swear to a few minutes.

Q. How far were the hay-stacks off?

Hillier. Only a small distance.

Q. You walked pretty fast?

Hillier. Yes.

Q. What distance might this gateway be from the place you first met them at?

Hillier. About four hundred or perhaps five hundred yards.

Q. The men you met were behind you then as they were going a different way.

Hillier. Yes.

Q. When did you first see any thing of them?

Hillier. When I got across the field.

Q. You said one came out of the gap?

Hillier. Yes.

Q. Do you know which that was?

Hillier. Bevan.

Q. At what distance of time did you see the other?

Hillier. In a minute, or minute and an half after.

Q. Could you see where that other man came from.

Hillier. As near as I could see, it was the same place; I saw Bevan's coming before Jenning's some time before he came to me.

Q. Was he walking or running?

Hillier. A running. I did not see him till the moment he came out of the gap of the hedge.

Q. How far was you from that gap then?

Hillier. Between twenty and thirty yards, I believe.

Q. I believe it was the second of August you saw them at Sir John Fielding 's?

Hillier. I believe so.

Q. Who desired you to look at them?

Hillier. I had given information at the office, and had attended many times to see if I knew the persons; there was one man taken up, I acquitted him, for I knew him not to be the man.

Q. Do you know whether Bevan and Jenning's were in setters?

Hillier. I am not sure as to Bevan, I know Jenning's had none on.

Q. Was Jennings shewn to you in the office?

Hillier. No, he came to vindicate his young master's character respecting the robbery he was taken up for; I said, as soon as I saw him, that is the other man that robbed me; he was called upon as a witness; I knew him the moment he came in at the door.

William Halliburton . There had been a robbery committed the night before Bevan and Jennings were taken; they were taken the beginning of August; a man had been taken before that, who answered the description that Mr. Hilliard had given of Jennings: when Mr. Hilliard saw him, he said he was not the man; he was therefore discharged. I was at the office after the prisoners were taken; Bevan only was put to the bar. Bevan called for Jenning's; when he came, the prosecutor said he was the other man who was concerned in the robbery, and particularly, he said he was the man who beat him.

Bevan's Defence.

At the time of this robbery I was out with my lord Pomfret; I went out with his chaise between four and five o'clock in the afternoon; I went to the Rose and Crown, at Hounslow; I came back between nine and ten.

Jenning's Defence.

I know nothing of the affair the gentleman accuses me with; I was at home at Mrs. Jennings's all that day.

For Bevan.

Jeremiah Gascoigne . I am servant to my Lord Pomfret.

Q. Do you know Bevan?

Gascoin. Yes, he did live at the Nagg's head, in Swallow-street.

Q. I believe his mother keeps a livery-stable?

Gascoin. Yes.

Q. Pray did my Lord Pomfret frequently have chaise of his mother?

Gascoin. Yes.

Q. Do you know whether Lord Pomfret had a chaise of her on Monday July the 3d?

Gascoin. Yes.

Q. What time of day?

Gascoin. After four, he had his own carriage, a pair of horses, and a saddle horse.

Q. Where was his lordship taken up?

Gascoin. At his own house in Madocks-street; the prisoner drove him, I rode the saddle horse.

Q. What time did you set out?

Gascoin. I cannot exactly say; it was after four; Bevan went with us to the Rose and Crown, at Hounslow.

Q. What time did you get to Hounslow?

Gascoin. I cannot say that; I believe in about an hour and a quarter; that is the time we generally go in.

Q. Did you go the usual pace?

Gascoin. Yes.

Q. Do you know whether the horses were taken off at Hounslow?

Gascoin. Yes, we had fresh horses there.

Q. What became of the horses Bevan drove?

Gascoin. He went into the yard to strip them; I gave him two shillings by my lord's order; I saw no more of him. On the Thursday following, the prisoner Bevan, drove my lord to Dartford, he had then four horses.

Q. How long have you known Bevan?

Gascoin. As long as my lord has had horses of Mrs. Bevan; I believe it is two years, during that time he has drove for his mother.

George Hughes . I am hostler to Mrs. Bevan.

Q. Do you remember Lord Pomfret having any horses of Mrs. Bevan, on the 3d of July?

Hughes. Yes, it was on Monday, the horses went out of the yard a little after four; they went off about half after four, and I returned into the yard.

Q. What time did Bevan return with his horses that night?

Hughes. Between nine and ten; above half past nine.

Q. I suppose when the horses go with a gentleman to Hounslow, they generally stay some time to bait?

Hughes. Yes, they generally go into the stable and bait, and wash their shoulders, and come gently back.

Q. Did they seem to have come gently back?

Hughes. They came in cool. The prisoner took off the horses after they came back; watering and cleaning, and every thing, takes up about three quarters of an hour.

Q. You did not see him, I suppose, after that?

Hughes. No.

Court. How came you to be so certain that it was the 3d of July?

Hughes. Because we book every bey that goes out; I have the book here.

Q. Who books it?

Hughes. My mistress books it, it is put upon the slate, I carry up the slate, and she books it.

Q. What was on the slate?

Hughes. I believe, two horses and a saddle horse to my Lord Pomfret.

Court. (inspecting the book) Is this your mistress's hand-writing?

Hughes. I do not know whether it is my mistress's or Mr. Brown's.

Q. You know nothing about keeping this book yourself?

Hughes. No.

Q. to Gascoin. Are you clear that it was on the 3d of July?

Gascoin. I am very clear of it. My Lord Pomfret came to town on the Sunday before, which was the second.

Q. from the jury to Hughes. Can you write?

Hughes. Yes.

Q. Why are you so particular to the 3d of July, more than any other day?

Hughes. Because I set it down on the slate, and it is carried up at night, and put in the book, and rubbed out of the slate.

Court. At half after four they set out.

Hughes. Yes.

Q. Then they are an hour and quarter going to Hounslow, that brings them there about a quarter before six. When you send to Hounslow, how long do you allow the boy to stay there with the horses?

Hughes. An hour, or an hour and a quarter.

Q. Then from half after four, should you not reasonably expect this young man home before nine o'clock?

Hughes. No, we always allow the boys four hours and a half to go to Hounslow; that is the usual time.

Counsel. They do not usually come home very fast?

Hughes. No.

Q. Who has the carriage back?

Hughes. Ourselves.

Q. Then perhaps the boys may stay some time to get something back?

Hughes. As they like.

Ann Harvey . Q. You make the prisoner Bevan's bed, I believe?

Harvey. Yes.

Q. Do you know whether your young master lay at home that night?

Harvey. I cannot say, he might go out without my knowing; the bed had been lain in, I made it in the morning.

- Dyer. I am a baker in Swallow-street; I have known Matthew Bevan fifteen years; he lived with his mother; I never heard any thing to the contrary, but that he was very honest; I used to see him in his business every day.

John Hall. I am a victualler in Carnaby-market; I have known Bevan from a child; he appeared to be an industrious lad in his business; a sober, quiet lad, not addicted to swearing; I never heard any thing bad of him.

For Jennings.

Elijah Bissell . I am a publican; I keep the Queen's-head, in Duke-street, St. James's; I have known Jennings about ten years; he is now a coachman by trade, he was a postilion, and lived with 'Squire Hasley, in Pall-mall; he left him about seven years ago; afterwards he drove Lord Howe; after that, he rode post for Mr. Bowling. I have known him down to the present time, I never heard any thing amiss of him.

Wm. Bowling . I am a stable-keeper in the Hay-market; I have known Jennings between three and four years; he lived three years servant with me; he left me about four months ago; he always behaved very sober and honest.

Stephen Burnett . I am a coach-maker, in Windmill-street; I have known Jennings about four years; I know nothing of him, only serving his master; I have never heard any harm of him.

Q. to Hilliard. What did you mean by saying Jennings was with his young master?

Hilliard. Bevans was called his young master.

Hughes. He has drove for Bevan when he was ill.

Both guilty , Death .

624. (M) BENJAMIN NASH was indicted for stealing a gold locket, value twenty shillings, and two rows of gold beads, value twenty shillings , the property of Richard Green , Sept. 8th . ||

Acquitted .

625. (M) ELEANOR, the wife of WILLIAM BLACK , was indicted for stealing a feather bed, value sixteen shillings; a bolster, value four shillings; two pillows, value two shillings; four blankets, value twelve shillings; a rug, value two shillings; a copper tea-kettle, value two shillings; a pewter dish, value one shilling; two pewter plates, value one shilling; two copper saucepans, value two shillings; a silver tea-spoon, value one shilling; a brass candlestick, value six-pence; a pair of iron fire-tongs, value eighteen-pence; three damask napkins, value two shillings; two black silk cloaks, value four shillings; a camblet cloak, value two shillings; a linen night-gown, value five shillings; two cotton night-gowns, value ten shillings; a cotton petticoat, value three shillings; a thread sattin bed-gown, value one shillings; three linen shifts, value nine shillings; a white cotton petticoat, value six shillings, a black worsted quilted petticoat, value six shillings; three muslin aprons, value five shillings; a linen night-cap, value six-pence; a pair of womens stays, value four shillings; two linen pillowbiers, value one shilling; and one bound printed book, entitled the Holy Bible, value one shilling , the property of Joseph Neal , July 26th . +

Isabella Neal. I am the wife of the prosecutor; the prisoner lived servant with me when the things mentioned in the indictment were stole; she had lived with me nine months and a fortnight; I turned her away the day after the things were lost; while I had gone backwards and forwards to my husband, who was in the King's Bench; I left her in the house; she confessed voluntarily before the justice, that she had taken the things, and went with me to the pawnbrokers, where she had pawned them.

Edward Wright . I am a pawnbroker; the prisoner has brought things to pawn, and redeemed some of them again eight or nine times over, (produces the tea-spoon) the other things are so bulky, it was impossible to bring them all here.

The tea-spoon was deposed to by the prosecutrix.

Prisoner's Defence.

I did it out of necessity, my mistress not having allowed me more than three shillings, for six weeks.

Prosecutrix. She had bread and butter, and small-beer, during all that time; I cannot recollect what money I gave her.

Guilty .

[Transportation. See summary.]

626. (M) JOHN WILD was indicted for being found at large without any lawful cause, before the expiration of the term of seven years, for which he had been ordered to be transported , June 7th . +

The record of his conviction was read in court.

Samuel Sidebotham . I am steward to Sir Watkins William Wynne.

Q. Did you attend the court at the trial of the prisoner for robbing Sir Watkin?

Sidebotham. Yes; he had pleaded guilty just as I came in. I am sure he is the same person; he lived with Sir Watkin two years; I both hired and discharged him. On the 4th of September, just as I had finished my dinner, I was informed there was somebody upon the hay, in the hay-barn, which is a very large place, containing fifty or sixty tons of hay, it was filled but the Saturday before; we searched the barn, and in about an hour found the prisoner concealed in the hay: this was in the parish of Rhuabon, in the county of Denbigh. He said, he landed at Liverpool, and was on his journey to his father's; that he concealed himself there till night, because he was afraid to travel by day. We had him committed; and afterwards removed him to town. He was examined at Bow-street, and there he confessed that he landed at Blackwall.

John Harris . I was concerned in the prosecution of the prisoner for robbing Sir Watkins William Wynne . I know he is the same person; he was Sir Watkins' servant.

Prisoner's Defence.

I have nothing to say.

Guilty Death .

(M) 627. PHILIP HEATH , was indicted for stealing eight pieces of silk lace, containing one hundred and sixteen yards, value seven pounds; four pieces of thread lace, containing thirty-four yards, value five pounds; two silk handkerchiefs, painted, value twenty, shillings; three pair of worked muslin ruffles, value three pounds; a worked muslin apron value twenty shillings; three gauze handkerchiefs, value three shillings; a gauze handkerchief, pointed, value one shilling; seven pair of womens leather gloves, value seven shillings; two pair of womens silk gloves, value two shillings; seven pieces of silk ribbon, value fifteen shillings; a silk cloak, value twenty shillings; a pound weight of brass-pins, value two shillings; and a sattin petticoat, value thirty shillings , the property of Elizabeth, the wife of Joseph Vaux .

Second Count. Laying them to be the property of Joseph Vaux , July the 8th . ++

Joseph Vaux . My wife is a separate trader in the haberdashery way. The prisoner was my journeyman . Mr. Knot, who lives in Covent-Garden, informed me, that four pieces of lace were tendered to him by a woman: that finding my mark upon them, he stopped the lace; and the woman, having given an account where she lived, he sent for me; we went to her lodgings; there we found the prisoner Heath; the lace was produced, and the woman said, she had it from Heath, which he did not deny; but said he took them from Mrs. Vaux. They are not such things as I can swear to.

Q. Were there any promises made to him to induce him to confess?

Vaux. No; the woman who he cohabited with, was desired to produce every thing he had made her a present of. She went up stairs, and brought down all the rest of the things at twice. We charged the prisoner with taking them from Mrs. Vaux; and he confessed he did take them from her. They were all put in the trunk, and locked up, and delivered to the constable.

Thomas Shirley . I am a constable. I had a search warrant to take the prisoner, and search their house, which was at Kennington Common. It was the house of one Giles. I found the things in the trunk. The prisoner and Mrs. Giles were there together. The things had been produced, and put into the trunk before I came. I have had them ever since.

"The things mentioned in the indictment

"were produced in court by the constable."

Prosecutor. Here is a piece of lace edging I can swear to; here is a worked muslin apron with my own mark upon it, a pair of worked strips muslin ruffles, with my mark upon them, and a pair of double worked muslin ruffles my own marking; I can swear to them. If he had never confessed, I could have swore these were my wife's property.

"Thomas Overton, who went to the house

"with the constable, confirmed Mr. Vaux's

"evidence of the prisoner's confession."

Thomas Knot . On Saturday last, a woman offered to sell me four pieces of lace. I stopped them. My apprentice observed marks upon them, which he thought were Heath's marking, who was servant to Mr. Vaux. She told me she lived at Kennington Common. I sent to Mr. Vaux, and we all went to the house, of the woman. We found the prisoner there; and, upon the producing of the things, the prisoner confessed he took them from Mrs. Vaux's shop (produces the lace he stopped on the woman). The prisoner confessed he took this lace out of Mrs. Vaux's shop.

William Bridges . I live with Mr. Knot in Covent-Garden. I formerly lived with the prosecutor at his uncle's. When the woman brought the cards of lace to our shop, I told my master, I thought the mark on them was the prosecutor's hand writing.

"The prisoner said nothing in his defence;

"but called four witnesses to his character,

"who deposed, that they had known him for

"many years, and had never heard any thing

"to his prejudice before."

Guilty T .

He was recommended to his Majesty's mercy by the jury.

(L) 629. WILLIAM MITCHEL was indicted for stealing a silk handkerchief, value four shillings , the property of Timothy Brown , July 19th . ++

Timothy Brown . On the 19th of July, coming from the Borough, when I was under the piazzas in Love-lane , a gentleman told me, the prisoner had got my handkerchief. I pursued the prisoner down Botolph-lane, and took him; but he had not the handkerchief then.

Walter Kennon . Walking up Love-lane, I saw the prisoner take the handkerchief out of the prosecutor's pocket, and put it into his bosom. I told the gentleman of it. We pursued him down Botolph-lane; and crying stop thief, he threw away the handkerchief. It was picked up, and brought to the gentleman.

Prisoner's Defence.

I never saw the gentleman's handkerchief in my life.

Guilty .

[Transportation. See summary.]

(L) 628. MARY SMITH was indicted for stealing a linen shirt, value five shillings; and a silk and worsted gown, value six shillings , the property of Sarah Hall , widow, July 17th . ++

Sarah Hall . I live in George-yard, Snow-hill . I follow the business of quilting. I have employed the prisoner at times for seven years. She begged of me to employ her. I took her in to iron some things I had washed. Being very ill, I went and lay down about twenty minutes. When I went to lay down, the shirt was in a basket, with other things that were to be ironed; and the gown hung on a pin by the door. A gentleman knocked at the door. Not hearing her go to the door, I got up, and opened it. I then missed her and the shirt out of the room. I went to her sister's to enquire after her; and when I returned I missed the gown. A little girl, who lives opposite, told me, she saw her go out with her apron full of things. I gave a description of her at the justices; and the next day I was informed she was stopped with a shirt upon her. I went and saw the shirt was mine.

Mary Mexley . On the 17th July, the prisoner brought this shirt to me to pawn, in the name of Mary Blackman , and I stopped it.

"The shirt was produced in court, and deposed

"to by the prosecutor."

Richard Wall. I took in pawn a worsted gown from a woman. I cannot say the prisoner is the woman. She pawned it in the name of Mary Blackman .

"The gown was produced in court, and

"deposed to by the prosecutor."

Prisoner's Defence.

I asked Mrs. Hall to let me have some money. I wanted to buy a pair of shoes. She said she had missed taking a bill, and could not help me to any money; but said, I might take any thing and pledge that I thought would not be wanted. There was a gown and a shirt of one Parkinson's, who lay down with her that afternoon; she said they would be least wanted. I took them to pledge, and the pawnbroker stopped the things. One of them sent me to the watch-house, and I was taken the next day before the justices. There this poor lady was very ill, and she was near fainting; but the justice forced her to be bound over against me.

Q. To the prosecutor. Did you give her leave to pawn things for you?

Prosecutor. I never did.

Guilty .

[Transportation. See summary.]

(L) 630. ANN WALKER was indicted for stealing a silver table spoon, value ten shillings , the property of John Sadler . April 18th . +

Acquitted .

631. (2d. M.) JAMES GORDON was indicted for stealing a copper kettle, value twenty-five shillings, and a wooden handspike, value six-pence , the property of Charles Limeburner , July 21st . +

William Wharton . On the 21st of July, I lost a wooden handspike and copper kettle out of a ship at the Hermitage, they were the property of Mr. Limeburner who lives at Hull in Yorkshire. I don't know who took them; they were found at Union-stairs, and I was sent for.

James Flowers . On the 21st of July, between two and three in the morning, I had occasion to be at Union-Stairs with another man; we heard a snoaring, and thought it was somebody in the mud; we followed the sound, and found the prisoner asleep and the kettle by him; we asked him where he had it from; he said, out of a ship at Bishop's-chain , and said, he would take us to the ship; we went with him, but the ship was not there, and giving no account of himself, we delivered him over to the constable:

The prisoner said nothing in his defence.

Guilty .

[Transportation. See summary.]

632. (M.) WILLIAM GIBBS was indicted, for that he in the king's highway, in and upon Thomas Atkinson did make an assault, putting him in corporal fear and danger of his life, and stealing from his person three shillings and three-pence in money, numbered, the property of the said Thomas , August 19th ||

Thomas Atkinson . I am a joiner , and live at Pimlico. Upon the 19th of August last, at half past eleven at night, as I was walking home alone in the five-fields between Pimlico and Chelsea , two men came up to me and attempted to throw me down; while they were struggling the prisoner came up and knocked me down, and took my money out of my right-hand pocket. I had three shillings and three-pence about me, some in my breeches and some in my coat pocket; I don't exactly know how much in one, and how much in the other, but all was taken from me; they asked me where I was going; I said, home; one asked me if I had a watch; I said, no, I had not. The prisoner laid his left-hand upon my breast, as I was not very willing to lie still, and said, if I did not lie still, he would murder me. When they had got what I had in my pocket they let me go; I immediately got up, and a watchman and I pursued him; at the King's-road-Bar, the watchman seized the prisoner; that was not more than five or six minutes after I was robbed. I was just behind, and came up upon the watchman's seizing him. I told the watchman he was the man; they took him to the watch-house; I had never seen him before; it was a star-light night; I saw enough of him before he knocked me down to observe him; I took more notice of him than I did of the other man, because he held me down.

Valentine Fitzgerald. I am a watchman. Atkinson came to me that night about half past eleven; when I was about the Wheatsheaf going my rounds; he told me he had been robbed by two or three men; I pursued them, and by the turnpike I seized the prisoner. I saw at the same time, two other men going along by Bloody Bridge, but I cannot say the prisoner was in their company. Atkinson was at this time a little behind; when I came up to him, I told him, unless he could give a good account of himself, I would carry him to the round-house. Atkinson at this time came up, and said, watchman, that is one of the men who robbed me; I asked him if he was sure of it; he said, I am certain; upon which I took him to the watch-house.

Q. From the Jury. Did Atkinson appear to be sober?

Fitzgerald. He seemed to be as sober as he is now.

Prisoner's Defence.

I was going home about half after ten; I went into the sign of the Coat at Pimlico, I had a pint of beer there; I staid some time, I don't justly know how long, being somewhat in liquor.

Q. To the Watchman. Did he appear to be in liquor when you took him?

Fitzgerald. He might have drank something, but he could talk and walk as well as I could.

For the Prisoner.

Thomas Watson . I keep the Goat at Pimlico. The prisoner came to my house at about half an hour past ten, on Saturday night the nineteenth of August; he had a pint of beer, and wanted another; I refused it, seeing him much in liquor; he staid there with me, till it was rather more than a quarter past twelve o'Clock; he never stirr'd out of the house: I heard he was taken up directly, as he went out, and I gave this evidence immediately at Sir John Fielding 's.

Henry Watson . At half past ten I found the prisoner in Thomas Watson 's house, at the Goat at Pimlico; I staid there till one in the morning; the prisoner staid there till half past twelve; he was very drunk; I am positive he did not go out of the room.

George Tomlinson . I have known the prisoner upwards of a twelvemonth. I am gardener to Dr. Waller; the prisoner worked under me all last winter; I have trusted him; I never found but that he was an honest just man

William Giddins . I was at Mr. Watson's house; I came in about nine; the prisoner came in about half after ten; I was with him in the same house till a quarter after twelve.

Guilty , Death .

633, 634. (M.) JOSEPH JONES and EDWARD JONES were indicted for stealing a cornelian seal set in gold, value five shillings; a stone crystal seal set in gold, value five shillings; a tooth-pick case, value one shilling; a paper machie snuff box, value one shilling; a pearl hair pin, value two shillings; two stone hair pins set in silver, value two shillings; a pair of black cloth breeches, value one shillings; a fowling-piece mounted with silver, value three pounds; another fowling-piece mounted with steel, value forty shillings, and a silk waistcoat trimmed with gold-lace, value five shillings , the property of Thomas Huddleston , August 30th +

Thomas Huddleston . I live in Hatton-Street , I returned to town upon the fifth of this month; I had been absent from the beginning of August; I was informed my house had been broke open: Mary Kimber had the care of my house. Some suspicion had fallen upon the two prisoners as they had been employed to mend and clean my windows. I got a warrant at Sir John Fielding 's against the prisoners; I went with a constable to the house of the mother of the two prisoners; they were not there; I was told they had not been there the whole day: at night I was told one of them was with his mother; I went there, I found Joseph and another brother in the kitchen, but not Edward: I asked him how he came to serve me so; he said at first he knew nothing of it; afterwards he said, if you will shew me mercy I will tell you all about it: I made no promise, then Joseph told me where the things were; the constable came in soon after; I asked him if that brother was with him; he said no, but he would send for the other brother who was with him: the boy returned who was sent and said, he was not to be found; this Joseph said he would go and fetch him; the constable would not trust him to go by himself; we went with him to a house he cohabited with a woman in; we could not find him; we were going away, but afterwards we searched the cellar and there we found the prisoner Edward; we took them to the watch-house, and they were carried to two different prisons; in consequence of directions given by the justice, I went and found several things at different pawn-brokers.

Mary Kimber . I am servant to the prosecutor. I kept the house in his absence. The prisoners were backward and forward cleaning the windows several times. On Wednesday fortnight I missed the waistcoat and gown; and saw the bureau broke open. I mentioned this to the painters. I told them I suspected the glazier s. They had come to the house at times when other people were not there, and had neglected to come afterwards, according to appointment. I acquainted my master's brother-in-law of what had happened.

Joseph Clarke . Upon the 30th of August, Joseph Jones sold me a gold seal about three in the afternoon. He said he had won it at a raffle. (the seal produced.)

Prosecutor. It is my property. It has my arms and crest.

Richard Clarke . I am a jeweller in Holborn. Upon the 30th of August, Edward Jones offered a seal to sale at my shop. I was not at home. My wife bid him come in the afternoon. He came next day, and said he found it in Hatton-Garden. I bought it of him.

Henry Harris . The prisoner Edward lodged at my house. The woman who called herself his wife brought several things to my house.

Thomas Jones . I am a pawnbroker. I took in a pair of breeches of the prisoner Joseph, (producing them.)

Prosecutor. I believe they are my property; but there is not such particular marks upon them as the seals; I cannot be so positive to them.

Joseph Smith . I am a gunsmith in the Fleet-market. I bought two guns of the prisoners, and I sold them the next day.

Both Guilty .

[Transportation. See summary.]

(M) 635. WILLIAM BRIGGS was indicted, for that he, in the king's highway, in and upon Sarah, the wife of Henry Southouse , putting her in corporal fear and danger of her life, and stealing from her person five shillings in money, numbered the property of the said Henry , July 5th .

Acquitted .

(2d. M) 636. JOHN JENKINS was indicted for stealing a scarlet cloth cloak, value five shillings; a linen bed gown, value three shillings; a black silk apron, value one shilling; a silver hair pin, value three shillings; a silk handkerchief, value sixpence; two yards of linen, value two shillings; two yards of cotton, value two shillings; and fifteen shillings in money , numbered the property of John Eyre , August 17th . ++

Elizabeth Eyre . I am the wife of John Eyre . My husband is a sea-faring man . I keep house in his absence. He was abroad before the time of loosing these things. I was out all night. I went out about eight or nine. About two hours before I went out, I saw all the things safe in a box just adjoining to my bed, in my own bed-chamber. I returned next morning about eleven o'clock. I missed the things; and I found the prisoner in the street, going to take water. He had a bundle upon him, containing the things mentioned in the indictment. They are my property. They were taken out of my box. The prisoner gave me half a guinea, as part of the money he had taken from me.

Thomas Lawley . I was present at the taking of the prisoner.

The prisoner said nothing in his defence.

Guilty .

[Transportation. See summary.]

(L) 637. EDWARD LYNCH was indicted for stealing a linen handkerchief, value ten-pence , the property of Michael Warren , August 6th . ++

Michael Warren . Upon the 6th of August, coming up St. Dunstan's Hill , I felt a twitch at my pocket. I turned round, and seized the prisoner. He got from me. I pursued him. I saw him drop the handkerchief. A gentleman took it up, and delivered it to me.

"The handkerchief was produced in court,

"and deposed to by the prosecutor."

Prisoner's Defence.

I never saw the handkerchief.

Guilty .

[Transportation. See summary.]

638 (L.) EDWARD TURNER was indicted for stealing a woollen cloth coat, value ten shillings; a woollen cloath waistcoat, value five shillings; two linen handkerchiefs, value one shilling; an iron tobacco box, value two pence; a horn comb, value two pence, and two iron keys, value two pence ; the property of Hugh Jones , August 21st . ++

Hugh Jones . I am a porter at a tavern. I staid out late on the 20th of April. When I returned, I found I was locked out. I went to a public house, where I met with a woman who decoyed me to her lodging, I staid there all night. When I came into the lodging, I found the prisoner and a woman in bed; I had part of the bed cloaths and lay on the floor. In the morning I awaked and found the woman in bed with me, but the prisoner was gone. I missed all my cloaths; I went afterwards in search of him and at his lodgings at Edmonton I found my tobacco box, my handkerchief and keys in a bag, but I did not find my cloaths.

The tobacco box, handkerchief and keys were produced in court and deposed to by the prosecutor.

Frances Wild . I was in a bed with the prosecutor. I was in liquor, so I can remember but little of the matter. I remember a man going to bed with me, and I remember when he awaked, his cloaths were gone.

- Twelves. I was in bed with the prisoner. I saw the prosecutor come in. I don't know whether he came in with his cloaths, or without them.

Johannes Parker . I am a constable. I went in search of the prisoner, and found the place where he lodged, which was at the house of one Brown. He was in his lodgings, he jumped out of the window, but was taken immediately. The things which are produced, were found in a bag under the bed.

John Hopwood . I was present at the finding of the things, they were in a bag under the bed. I know the bag to belong to the prisoner.

William Pound. I was also present when the prisoner jumped out of the window, he was taken directly.

Prisoner's Defence.

I know nothing about the things. They were in my pocket, I don't know how they came there.

The Prisoner called three witnesses, who had known him several Years and gave him a good character.

Guilty .

639. (L.) ROBERT ANGUS was indicted for that he in the king's highway in and upon James Willis , did make an assault putting him in corporal fear and danger of his life and stealing from his person a metal watch, value forty shillings the property of the said James , August 28th . ++

James Willis . I was attacked in Fleet-street , near two in the morning, on the 28th of August, by the prisoner and another man; I am positive the prisoner is one of them. It was a light morning. The first salutation I received was a blow on the knee, I believe it was the other man who struck me; I fell down in the kennel, and as I was getting up they both made at me and snatched my watch from me; it was the other man got my watch. I said you have got my watch, but you shall not have it, and made at him, but missed him I laid hold of the prisoner, but the other got off with my watch.

Q. Was you sober at that time?

James Willis . I was in my senses. I had been spending the evening at the King's-Head, in the Old Change.

William Lee . I am a watchman: I was at my stand, the corner of Salisbury Court; the prisoner called watch; I asked him what was the matter; calling watch, when nobody was with him; for I did not see Willis at that time, who was down. Willis had hold of him. When the prisoner got loose, he ran past me like an arrow out of a bow, without his hat, he was taken by another watchman. when I went to Willis, to help him up, his hat was lying besides him, and another hat, whether it was the prisoner's I cannot say, but he ran away without one.

James Roberts . I am a watchman in Salisbury Court. I heard watch called in Fleet-street, I met the prisoner and stopped him, he said, he had been knocked down and ill used, Willis came up and charged him with stealing his watch. I then took him to the watch house.

Joseph Angus . I was constable of the night. The prisoner was brought to me by Willis and the two watchmen. Willis said, he had been knocked down by two men and he was sure the prisoner was one of them, and that they had stole his watch, but he did not know which had it. I searched the prisoner, but I found nothing upon him but a knife, a few halfpence and seven shillings.

Prisoner's Defence.

My lord, I am innocent, my witnesses are not here.

Prosecutor. When I laid hold of this man the other struck me on the shoulder. I received blows from the prisoner as well as the other man.

Guilty , Death .

640. (L.) WILLIAM WILTSHIRE was indicted for stealing eight pounds of moist sugar, value two shillings and six-pence, the property of persons unknown , July 27th . ++

Acquitted .

641. (L.) WILLIAM BARKER was indicted for stealing a silver half pint cup, value twenty-shillings , the property of Edward Tulet , August 23d . ++

Edward Tulet . I live in Fenchurch-street . I was not at home when the cup was stole.

John Gilerist . I am a pawn-broker, the prisoner pawned a silver cup with me in the name of William Morris .

(The cup was produced in court by Gilerist, and deposed to by the prosecutor.)

Joseph Ram . I am a servant to Mr. Tulet, who is a clock-maker. The prisoner used to call and enquire for my master, who during the summer season lay out of town. On the morning before the cup was missing he brought a clock to clean; he went into the kitchen, the cup was kept near the kitchen door; it was about seven in the morning I believe; it was the 22d of August; the cup was missed afterwards.

Prisoner's Defence.

I was not there that day.

Guilty .

[Transportation. See summary.]

642. (2d M.) THOMAS WRIGHT was indicted for breaking and entering the dwelling-house of Elizabeth Blake , widow, on the seventh of August , about the hour of one in the afternoon (no person being in the said dwelling-house) and stealing a pair of leather pumps, value three shillings; a silver shirt buckle set with stones, value eighteen pence; and five guineas and thirteen shillings in money, numbered, the property of William Blake , in the dwelling-house of the said Elizabeth . +

Acquitted .

643. (2d M.) JOHN COCKBURN was indicted for stealing six guineas, a half guinea and eighteen shillings and six-pence in money, numbered, the property of William Green , in his dwelling-house , August 16th . +

Acquitted .

644. (2d. M.) SARAH RICHMOND was indicted for stealing a linen sheet, value ten-pence, and a flat iron, value six-pence, the property of Miles M'Hone , the said goods being in a lodging-room, let by the said Miles by contract to the said Sarah . Against the statute, July 5th . +

Margaret M'Hone . The prisoner and her husband rented a ready furnished lodging of me; my husband was very ill in the country when I let the lodging; she continued in the lodging about six weeks at three shillings and six-pence a week; I wanted the sheets to wash; I asked for them several times; she said, she would give me them such a day, and such a day; at last finding the door open I went into the room; I pulled down the bed and missed a sheet out of it; I asked where the sheet was; she said, she would let me know, that if she paid her rent, I had no business in the room: I told her, I did not want to trouble her if she would tell me where the sheet was pawn'd, I would take it out at my own expence: she would not tell me where it was. On the Sunday following I missed a flat iron, and then I took her up.

Henry Redshaw . I am a pawn-broker. On the 15th of July I took in a sheet of the prisoner.

(The sheet was produced in court and deposed to by the prosecutrix.)

Prisoner's Defence.

I asked the prosecutrix to lend me half a crown; she said she could not, but as I was an old lodger she gave me leave to pawn the sheet.

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

645. (2d M.) SARAH CLARKE was indicted for stealing a child's-linen frock, value six-pence; two check linen aprons, value sixpence; two coarse linen aprons, value sixpence; a pair of women's stays, value eight-pence; two child's flannel petticoats, value four-pence; a child's stuff skirt, value one penny; two linen pockets value six-pence; and fifteen shillings and two-pence half-penny in money , numbered, to property of Benjamin Marshall , June the 3d . ++

Mary Marshall . I am the wife of Benjamin Marshall ; we live in Goswell-street ; I employed the prisoner to nurse my child; when I went to bed on the third of June, I put my pockets between my husband's and my head, the prisoner lay in the same room; I wak'd about three in the morning, and the prisoner and the things mentioned in the indictment were gone, and the doors left wide open: when I had her taken up, she owned that she took the things.

Lydia Porter . I went with the prosecutrix to the prisoner in new prison; she confessed there to me the taking of the things from the prosecutrix; she told me, she had pawned them in the name of Mary Palmer , and she said she took the pockets from under the prosecutrix's head, and that there were fifteen shillings and two-pence halfpenny in them; there were no promises made her in order to induce her to confess.

Prisoner's Defence.

I don't know what to say.

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

Guilty .

[Transportation. See summary.]

646 (2d M.) MARY BONNEY was indicted for stealing a mahogany tea-chest, value four shillings; two tin cannisters, value four-pence; a quarter of a pound of green tea, value eighteen pence; a scarlet cloth cloak, value four shillings; a linen pocket-apron, value four pence; an iron ring, value one penny, four iron keys value four-pence, and seventeen shillings in money , numbered, the property of Henry Gadara , August 29th . ++

Acquitted .

647. (M) WILLIAM PICKNEY was indicted for stealing a pair of silver shoe buckles, value eight shillings; a silk handkerchief, value six pence; a pair of worstead stockings, value one shilling; a pair of leather shoes, value two shillings; and a hat, value six-pence; the property of John Erwin , privately from his person , August 24th .

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

Acquitted .

648. (M.) EDMUND M'DONNAUGH was indicted for stealing a cloth waistcoat, value one shilling and ten-pence , the property of William Bamford , August 12th ||

Acquitted .

649. JANE HENDERSON was indicted for stealing ten shillings and ten-pence farthing in money , numbered, the property of Luke Bannister , August 21st . +

Luke Bannister . On last Saturday was five weeks, as I was coming from the pay-table, I met a young man who had worked with me; we went into a publick house for a pint of beer; the prisoner came in and sat herself down by me; when the beer came I took out eleven shillings, I changed a shilling of it to pay for the beer; I put both the silver and half-pence into my right hand pocket; she had not sat long before she put her hand into my pocket; I bid her keep her hand out of my pocket; it was then between eleven and twelve at night, and the landlord was turning the people out of the house; in their going out they knocked down the candles. I went to the door, and putting my hand into my pocket, I missed all my money. The prisoner was gone; I went to the bar to enquire after her; they told me, her name was Jane Henderson . The next morning I went to this house with my landlord, and found the prisoner there drinking with some other women; we brought her out of the house; she said, she had not the money, and she knew how to fling such a one as me; she wished there had been as much more in my pocket, and she would have had it all: and she further said, if I came the Saturday following, she would be sure to serve me so again.

John Atkins . The prosecutor lodged at my house; he told me on Sunday morning that his pocket had been picked of his money the night before, at the Turk's Head: we went there and took the prisoner; while we were taking her out of the house, she told him to come on the Saturday night following, and if he had ever so much she would serve him so again. The Turk's Head in Dyot-Street is a very bad house; if I had not been an officer and a neighbour, it would have been impossible to have got her out.

Prisoner's Defence.

They took me to St. Giles's round-house, and searched me from top to bottom, and did not find a farthing on me. The prosecutor said, as he was going to the round-house, he could not say whether I was the woman or not. I never saw the man till the Sunday he took me. I am as innocent as the baby unborn.

Guilty .

[Transportation. See summary.]

(M) 652. JOHN YARDLEY was indicted for feloniously and traiterously making, and assisting in making a mould of sand, in and upon which was made and impressed the figure, and resemblance, and similitude, of the head side of a shilling, he not being employed in the Mint, or having a lawful authority for that purpose, against the duty of his allegiance , and against the statute, &c.

Second Count. For making, and assisting in the making, a pair of moulds, made of sand, each of which said moulds would make and impress the figure, &c. of one of the sides of a shilling, he not being employed, &c. or having any authority, against the duty of his allegiance, and against the statute, &c.

Third Count. For having in his custody and possession a mould, made of sand, in and upon which was made and impressed the figure, &c. of the head side of a shilling, without any lawful authority, or sufficient excuse for that purpose, he not being employed, &c. or having a lawful authority, against the duty of his allegiance, &c. and against the statute, &c. June 30th . *

The witnesses were examined apart, at the request of the prisoner.

Rosemus Gregory . I live in Court-street, Whitechapel-road . I have known the prisoner about two years. What business he follows, I don't know. Upon the 30th of June, about nine in the morning, I went to the Cock alehouse for a pint of beer; a person informed me, that he knew of some coiners; and if I would call upon him at two or three in the afternoon, he would shew me the house they were at work at. I went accordingly about half after two; Files and Symmonds went with me; we went to this house; the street-door was open; we went up two pair of stairs; I peeped in at a little crack under the door, and saw a soldier sitting on the bed, with a jacket on; and then with an iron crow we burst the door open. The prisoner immediately jumped out of the window, and the soldier after him. I immediately jumped out after them, on to a lead at the one pair of stairs, and from thence into the street. The prisoner ran away, but I pursued him, and called stop thief. After he had ran about a quarter of a mile, he was stopped, and brought to me. The soldier was taken in a smith's shop he had broke into through the tiles. I searched Yardley, and found in his pocket eleven good shillings (producing them); I have had them ever since; they are what they call the paterns.

William Symmonds . I have known the prisoner two or three years. I went with Gregory and Files, upon the 30th of June, between three and four in the afternoon, to this house. We called to them to open the door; but they refused; so we broke it open. I saw the prisoner and Taylor jump out of the window, and Gregory go after them. I staid in the room: I saw a crucible on the fire with some metal in it. I took it off with the tongs, and cooled it in water. I cannot say whether it was metal or drugs; but it was in a liquid state. I found some bad shillings on a table in the right-hand-side of the room; and we found a quantity of instruments and boxes in the room, (producing them). Before we broke the door open, I looked under, and saw the prisoner come from behind a rugg which hung before the fire; the prisoner was in his waistcoat, with his shirt sleeves tucked up; and Taylor was upon the bed, without his coat.

Q. Who were apprehended upon this occasion?

Symmonds. John Yardley , the father, and Taylor, were taken immediately after they jumped out of the window. The place they jumped out at, was a little window; it did not open; they took out the whole light, and threw it on the tiles, and I jumped out.

Q. From the prisoner. If you took me without my coat, why did not you take me to the justices without my coat, as you did the soldier?

Symmonds. He was taken to a public house, and there he desired to have his coat on before he was hand-cuffed.

John Files . I went with the two last witnesses to this house, upon the 30th of June. The first sight I had of the prisoner, was when he and the evidence had jumped out of the window, and Gregory after them. I did not see him in the room.

Q. How was he dressed?

Files. I cannot be certain whether he had his coat off or on. I was in the room, and saw all the things there which are produced. The box that is produced, was on a table under the window they jumped out at.

John Clarke . I saw the prisoner and the evidence before Justice Sherwood, I believe the morning after they were taken. The things found in the house were produced before the justice. I think I can swear this Dutch stove and drawer were produced there. I cannot swear to the rest of the things, because I have not had them in my possession.

Q. Do you know who produced them?

Clarke. Files, Symmonds, and Gregory.

Q. Look at the instruments, and tell my lord and the jury for what use they are designed?

Clarke. Here are what they call in the trade flasks. They fill them with sand; and whatever is meant to be cast, they make the impression of it with the patterns in the sand; and the metal is poured through the pipes at the end.

Q. Explain how the impression is made upon the sand, and how retained?

Clarke. The sand is made damp, and becomes hard, and of a solid body; then they put what they call facing over it, which is a kind of finer sand, which closes the pores of the sand, and prevents it leaving any marks upon the metal.

Q. How do they make the impression of the shilling in the sand after it is faced?

Clarke. They put a shilling in, and force it down; when they take it away, it leaves the impression; it is pressed down with screws; the moulds are put together, and the metal is poured in at the iron pipes.

Q. Do they make more than one at a time?

Clarke. Yes; a hundred, if the moulds are big enough. This mould, if full, would make thirty-six.

Q. From the prisoner. Whether these things are not fit for any founders business, or any thing of that kind?

Clarke. No; they are not fit for a founder's business; they may be used to cast small gold and silver things, as buttons, stay-hooks, earrings, and such things.

Q. To Symmonds. Where did you find the counterfeit shillings?

Symmonds. On the table in the prisoner's room. There were two tables in the room. They were on the table on the right-hand-side.

Charles Taylor . I have known the prisoner half a year and better; he lived in Castle-street, Whitechapel, I was apprehended on the 30th of June, I was in the prisoner's room up two pair of stairs; the prisoner took the room by the week.

Q. Do you know what the prisoner did in that room?

Taylor. He cast this counterfeit money, (that is produced in court) in that room with these tools.

Q. Did you do any thing on the 30th of June?

Taylor. We did nothing that day; the counterfeit shillings were on the table; the prisoner cast them with these moulds.

Q. Were the shillings left on the table when you jumped out of the window?

Taylor. They were.

Q. Tell the court and jury, the whole process, how the shillings are made?

Taylor. The sand which is in the box, was put in the inside of the mould, and the impressions of the shillings were made in the sand.

Q. Who put the sand in the moulds?

Taylor. John Yardley put the sand in the flasks; the sand was wet, and the good shillings produced were put upon the sand and pressed, and then they were taken out.

Q. Did you see this done?

Taylor. Yes; by the prisoner: we had been in that place about five days; we made about five or six pounds worth there.

Q. Who took them out of the moulds?

Taylor. John Yardley : then the edges were filed and they were rubbed with scowering paper to make them smooth.

Q. Were these shillings that were put on the table filed and rubbed in this manner?

Taylor. Yes.

Q. What was to have been done with them next, in case you had not been interrupted?

Taylor. To be brought to their colour, by putting them into a liquid, either vitriol or aqua fortis, (producing some of each) which fluxes the silver, to that the silver is forced on the outside.

Q. Do you know what metal they are made of?

Taylor. Silver and copper.

Q. Will the putting them in this liquid make them white, fit to put off?

Taylor. Yes.

Q. What proportion of silver and copper?

Taylor. Half silver and half copper.

Q. How long is this liquid producing that effect?

Taylor. Half a minute or not so much.

Q. to Clarke. Have you ever seen that experiment tried?

Clarke. Yes, I have tried it, by taking one of these counterfeit shillings, or any metal that is part silver, put it in the fire and make it a dark red, and then put it in aqua fortis and water it forces the silver it on the outside; one might do 500 in an hour, put a quantity on a red hot iron and when they begin to be red, put them into the vitriol and water, or aqua fortis, and in less then half a minute it has that effect. I suppose if there is an ounce of copper and but three quarters of an ounce of silver it will do it, but it will not wear so long before it becomes brassy, as when there is half and half.

Q. What did you do with this money?

Taylor. I cannot tell, John Yardley had it; it was his property after it was finished.

Q. How did he use to dispose of it?

Taylor. I saw him once sell seven shillings and sixpence for five shillings and three pence good to on Richard Sell , a baker.

Q. Do you know how the sand came in the condition it is now?

Taylor. It has got dry since it was in use; it was all knocked out of the flasks into the drawer before the men came; the moulds had not been used that day.

Q. After casting, will the sand do again?

Taylor. No, it must be fresh wetted and the impression made again.

Q. Pray what was your business?

Taylor. I did the filing part, the finishing: the prisoner paid me a crown a day. I worked with him about three days before he went to that lodging: I was brought up a buckle maker.

Q. What trade is the prisoner?

Taylor. I cannot tell.

Wm Pearson. I let a room in June to the prisoner and another man with him, I believe the other man's name was James Whitehouse ; he came on Monday, they were taken on Friday following: Taylor and Richard Yardley were backwards and forwards that week.

Q. What room was it he rented?

Pearson. The two pair of stairs room, the things were afterwards found in.

Q. from the Prisoner. Did you ever receive any thing for this room?

Pearson. No; he was not there a week: he was to pay five shillings a week; the room was furnished.

Prisoner's Defence.

I was going along Whitechapel road, I heard a noise; I went down a passage, I saw the gentleman; he cried out, stop thief, I ran away from him, because I had given a note for four pounds, and was afraid of being arrested. I have not brought any witnesses; I did not think I should have any need of them.

Guilty , Death .

653. (M.) JUDITH HAY was indicted for stealing three wooden boxes, value three shillings; a paper box, value one shilling; a sattin cloak, value twenty shillings: a pair of silver shoe buckles value eight shillings; a silk handkerchief, value two shillings; a linen handkerchief, value one shilling; a pair of gold wires, value two shillings; a flowered lawn apron, value eight shillings, and three linen shifts, value six shillings , the property of Elizabeth Crutch , spinster, March 29th +.

Acquitted .

654. (M) SOLOMON BELLENDINE was indicted for stealing fifty wooden bobbins, value one shilling, and eight pound weight of raw silk, value five pounds , the property of Peter Merzeau , July 26th ||

Acquitted .

655, 656, 657. (M) JOHN COX , JOSEPH PRIESTLY and ELEANOR OGLE were indicted, the two first for stealing a leather trunk, value forty shillings; two cloth coats embroidered with gold, value ten-pounds; a cloth coat, value twenty-shillings; a scarlet cloth waistcoat laced with gold, value twenty-shillings; a pair of silk breeches, value ten-shillings; a silk waistcoat, value ten-shillings: eighteen linen shirts, value nine-pounds; a pair of silver buckles inlaid with gold, value three pounds; two pair of mens laced ruffles value six-pounds; and a red morocco pocket book with two silver locks, value twenty-one-shillings ; the property of George Forbes , Esq ; and the other for receiving a red morocco pocket book with two silver locks, and a linen shirt, being a parcel of the above goods, well knowing them to have been stolen . August 13th ++.

George Forbes , Esq; Upon Sunday the 13th of August, I came from Dover; when I came to town, I stopped in Parliament-street, to set down a gentleman, then the trunk was behind the chaise; I got down and looked at it; the driver not knowing the way to Wellbeck-street, Cavendish-square, I ordered my servant to drive on before; when we came to my house, we found the trunk gone, the straps were cut. I lost all the things mentioned in the indictment (repeating them) I saw all these things put in the trunk at Dover. I sent to Sir John Fielding 's that very night, and the next day, or the day after, I was desired to attend there, where I was shewn the remains of my pocket book, and some remains of the writing half burnt, and several pieces of my trunk; they were produced by George Strutton .

Q. Could you know the pieces of the trunk?

Forbes. Yes, there was a particular paper on the inside I know it by, there was a piece of a breast buckle produced by Noaks.

George Strutton . Upon the 14th of August the Monday after Mr. Forbes lost his trunk, one Barrington came to Sir John Fielding 's, with some burnt papers; the prisoner Cox lodged in his house and he had a suspicion they were burning some papers, they had not come honestly by; Dinmore and I went and searched Cox's lodging, we found nothing there; but, at a weaver's a few doors off the trunk was found, and Cox was there: I did not know Cox, when the landlord came down, the landlord said that was Cox, when I went back again, Cox was got up into the cock loft, I pulled off my cloaths, and went up there, and found the trunk and Cox together; I took the trunk to Sir John Fielding's, I have had the care of it ever since, it was broke all to pieces, and tied up in an old petticoat.

Q. from Cox. Who told you I was in the cock loft when you took me.

Strutton. Barrington went with Dinmore who is not here, Barrington saw him taken out, I took the trunk out afterwards, I did not see him taken out, I saw him in the house.

Joseph Barrington . Last Sunday was a month, my chimney was a fire, at half after eleven o'clock, Mary Putnam came down in the morning, and told me they were burning a parcel of paper.

Q. Who was in your house?

Barrington. John Cox , Eleanor Ogle and Mary Putnam , they lodged in my house, there was in outcry of fire at half past eleven; I got up and went on the stair-case, and heard a man say, that lives in the house, that there was no danger, then I went to bed again; in the morning about seven o'clock I saw these papers and books in some water; I took them up and carried them to Sir John Fielding 's, because I thought they were not honestly come by; I saw both Cox and the trunk taken out of the cock loft.

Cox. When he was examined in Bow-street, he said, I was not at home; now he says I was at home.

Barrington. At the time of the fire, I am certain Eleanor Ogle , who passes for Cox's wife, was at home and a man who lodges in the house, for I heard them: I am not certain to Cox's being at home; the fire was in Cox's room.

Strutton. Barrington delivered the books and papers to me (they were produced in court.)

Mr. Forbes. Here is half of my pocket book, it has my own hand writing on it, and part of a day-book that I can swear to, I cannot be so positive to the trunk, there may be another like it.

James Honey . I am a servant to Mr. Forbes, I know that to be my master's writing; I saw it at Sir John Fielding 's: here is part of a French grammar that belongs to me; I was with my master when he came from Dover; that French grammar was in the trunk. I am certain this is the same trunk, I know it by the handles; I had the key of it, it fitted the lock when I tried it at Sir John Fielding 's; but would not go in, because the lock was broke: I have not the key now.

Q. Could you swear to the trunk by the handles?

Honey. I can swear to it by the lock.

Q. from Cox. Did you swear to the trunk at Sir John Fielding 's?

Honey. Yes. I did.

Mary Puttnam . Between the hours of eleven and twelve, on last Sunday was a month, the prisoner Ogle, called me up into her room; she lodges in the two pair of stairs, and I in the one pair of stairs, in Barrington's-house; I went in and saw a great smother; there was a large fire, I took some of the papers off and threw them into some water; a person in the next house saw it, and went and told my landlord. I did not know they were any thing of consequence; when I went up again, Eleanor Ogle opened the closet and shewed me a large trunk with linen and cloaths. Cox was not then at home.

Q. What became of the papers you threw out?

Puttnam. They were some of them picked up by Barrington; these produced were some of them; I saw a vast quantity of shirts, how many I cannot say; I saw a pair of stone and a pair of silver buttons: Cox and Priestly came into the room between two and three o'clock and one Pat Nowland and they expected a Jew woman to come in the morning to buy some of the things; I heard them say so; she came about seven in the morning; I was not in the room when she bought the things; I met her coming down stairs with a great bundle, I am sure she carried none up.

Q. Was Priestly there as well as Cox and Ogle, in the morning?

Puttnam. Yes.

John Noaks . I am a constable; the landlord came up to Sir John Fielding's, and said this Puttnam could give a particular account of these people. I went to his house and she gave me this bosom of a shirt (producing it)

Puttnam. I picked that piece of a shirt up upon the stairs.

Mr. Forbes. It is mine.

Noakes. She said she would tell the truth, that is all I know of it.

Q. from the Jury to Barrington. Did Priestly lodge at your house?

Barrington. No. I never saw him before.

Cox's Defence.

I know nothing about it; I was at my mother's from eight at night to three in the morning.

Priestly's Defence.

I know nothing of it.

Ogle's Defence.

I was at my mother's.

Cox Guilty .

Priestly acquitted .

Ogle guilty, Transportation 14 .

[Transportation. See summary.]

658, 659. (M) CLEMENT COURT and JOHN FORD were indicted for stealing a cloth hammer coth, value sixteen shillings, and a coach window glass value sixteen shillings , the property of Dame Laetitia Beauchamp Proctor , widow, Aug. 10th ++.

Wm Watts . I am coachman to Lady Beauchamp Proctor, the glass and hammer cloth were taken out of the coach house. I left the stable locked at half after eight at night, they were there then. James Moore informed me at about half after ten that the coach house door was broke open; I went and found the string of the glass cut, and the glass and hammer cloth, were on one side of the coach-house.

James Moore . I was in the stable at the time the prisoners broke open the coach-house door, they picked the lock I suppose for, I found the lock picked in the morning, I took the prisoners in the fact; I heard somebody in the coach-house, I went to the door and found it open, I called out twice who is there, having no answer, I shut the door and fastened it on the outside, and then got a light and came and took Court; he bid me not ill-use him, for hang or not hang it was the same to him; after some little search, I found Ford, the glass and hammer cloth were taken from the coach and set down by the side.

Edward Saward . I am a watchman; I was called and charged with the prisoners; as I was taking them to the watch house, they attempted to make their escape, Court pulled out a knife, I observed it and took it from him and put it in my pocket, I thought it would be safer there; when we came to the watch house Ford pulled out a knife and cut me across the chin, and then made a stroke at my arm, and cut through two coats and my shirt; but as Providence would have it, did not cut the flesh; he made another stroke at my wrist and cut through my coat.

Court's Defence.

Going to Berkley-square, I met a woman who asked me to give her something to drink; we went and had a pint of beer, then she asked me to go to this place, and this gentleman came and laid hold of me.

Ford's Defence.

A man took hold of me, and said we shall have the reward, we shall have the reward.

Both Guilty .

[Transportation. See summary.]

660. (2d M.) THOMAS BROWN was indicted for stealing three linen shirts, value twenty shillings; a nankeen coat, value eight shillings; a nankeen waistcoat, value five shillings; a pair of nankeen breeches, value five shillings; a barcelona silk handkerchief value one shilling; a half guinea and nine shillings in money numbered the property of John Curren ; and a man's hat value five shillings the property of Abraham Anderson , in a certain ship called the Fortune , lying upon a certain navigable river called, the Thames, Sept. 4th. ||

Acquitted .

661, (2d M.) THOMAS WHITEFOOT JONES was indicted for stealing twenty six shillings and sixpence in money numbered , the property of Ann Wharton , widow, May 26th .

The prosecutrix was called, but not appearing her recognizance was ordered to be estreated.

Acquitted .

662. (2d M.) ELIZABETH BERRY , was indicted for stealing a black silk cloak, value four-shillings; and a cheque apron, value four-pence ; the property of Elizabeth Pearson , widow, July 15th ||.

Acquitted .

663. (2nd M.) WILLIAM VANDEPUT was indicted for breaking and entering the dwelling house of Thomas Constable on the 10th of July , about the hour of three in the afternoon, no person being therein, and stealing a silk-gown, value twenty-shillings; and a cotton gown, value twenty-shillings; the property of Ann Willcooks , Spinster. Eleven silver tea-spoons, value twenty-shillings; a silver milk pot, value fourteen-shillings; two pair of silver sugar-tongs, value six-shillings: eight linen gowns, value three pounds; a cutlass mounted with brass, value two shillings, and six pounds in money numbered, the property of the said Thomas, in his dwelling-house +.

Acquitted .

664. (L). MARY HARRAD was indicted for stealing a silver watch, value three pounds and three shillings and sixpence numbered , the property of Charles Mallizue , July 16th ++

(The prosecutor being a Foreigner and not speaking English, an interpreter was sworn)

Charles Maltizue . Upon the 16th of July at half after ten at night, as I was going home to my lodgings, I passed by several girls, the prisoner took hold of my cloaths and insisted upon my giving her something to drink; I thought I would give her some beer; I went into a house in a street near Bishopsgate ; I don't know the name of the street; I laid my watch on the window board; we were in a room below stairs; there were two beds in the room; the prisoner went in first and I followed her, she turned the key upon me, as soon as I got in, there was no one else in the room, I felt her take the money out of my pocket; there was some bad money; she threw that on the bed and I thought it was the good money; I missed both at the same time.

Q. Was you sober at this time.

Maltizue. Yes, as sober as I am at present; after she had locked the door, a person came and knocked, I believe it was a woman, and I think the prisoner said, make haste, and then I saw a woman come and put her hand through the window, and take the watch; I attempted to pursue her, but the prisoner held me first, by my cloaths, and then by my legs, till she made her escape; when I had got loose, I went out of the window into the garden after her, and the prisoner threw my hat after me, I never heard of my watch again; I got an officer directly, but could not find the prisoner; the officer took her on Tuesday morning.

Thomas Withers . I took the prisoner in Gravel lane.

Prisoner's Defence.

I never saw the prosecutor in my life, till he came with the constable and took me.

Prosecutor. I am certain she is the woman.

Guilty .

[Transportation. See summary.]

665. (L.) FRANCIS BACON LEE was indicted for stealing three printed books, bound in leather, entitled, Essays and Observations Physical, &c. value twenty shillings , the property of Sir John Hill , August 3rd . +

Acquitted .

666. (L.) WILLIAM ANGUS , was indicted for stealing a gold watch, value ten pounds , the property of Thomas Theed , Sept. 14th . ++

Thomas Theed . As I was coming out of Edminton fair , I was hussled by several men under the Bell gateway, and I had my pocket picked of a gold watch; I missed it in less than two minutes after; I am certain I had it just before; I don't know the man that hussled me.

Cross Examination.

Q. When was it?

Theed. On the 14th of September, 1774.

John Squire. I am a constable. I found the watch ( producing it) in the prisoner's pocket; on the 20th of August, in a court in Harp Alley, I don't know the name of the court; I went on an information to search the house for other things; the prisoner endeavoured to keep me out by force; I got assistance; we went up into the garret and found a number of things and the prisoner with the watch in his pocket.

"On his cross examination; he said, the

"house that belonged to William Angus the

"father of the prisoner; that the prisoner was

"taken directly before my Lord Mayor, but

"that they had not a hearing at that time;

"that he was down in the country at the time

"of the second examination, but had left the

"watch with Doncastle, that he was at the 3rd

"examination, before the Lord mayor, and

"him, he found the watch, in the prisoner's

"right hand waistcoat pocket; that the things

"found in the house were advertized, but no

"owner appeared for any thing but the watch."

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

Edward Tulet . I am a watch-maker; this watch bears my name, and I believe, belongs to Mr. Theed; the number is 872; I made such a watch for him in 1772: it appears to have been laid by and not used much.

- Doncastle. I was present at the taking of the prisoner. He was so resolute he would not be examined; we were obliged to tie his hands and legs, we laid him down and I lay upon him: I searched his right hand pockets and Squires his left, Squires shewed me the watch.

Prisoner's Defence.

I have two unhappy brothers, one abroad and the other at home. They left the watch in the possession of my father. The watch was in the box, it never was in my possession at all.

Guilty .

[Transportation. See summary.]

667. (L.) CHARLES WOODHEAD was indicted for stealing a wooden cloth coat, value four shillings , the property of Thomas Merwick , August 10th . ++

Thomas Merwick . I am a hackney coachman . I was standing on the pavement and saw the prisoner take my coat off the coach box, while it was on the stand; I pursued him and took him with my coat upon him.

Robert Crawford . I was coming out of Peter's Alley, and the prisoner threw the coat in my face, just as the prosecutor seized him.

Prisoner's Defence.

Coming along I found the coat on the ground. I took it up and was going towards; the coaches, and this gentleman knocked it out of my hand. I know no more of it than the child unborn.

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

Guilty .

[Transportation. See summary.]

668 (L.) WILLIAM COKER was indicted for stealing a silk handkerchief, value ten pence , the property of Edward Watkins , Sept. 5th . ||

William Payne . On the 5th of this month, I attended as a constable at Bartholomew Fair . Just by the Blue Coat hospital gate, I saw the prisoner take the handkerchief but of Mr. Watkins's pocket. I seized him immediately, he pulled the handkerchief out of his bosom and threw it on the ground. I held him with one hand and took the handkerchief up with the other. Watkins swore to the handkerchief before the Aldermen and was bound over to prosecute.

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

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

Guilty W .

669 (M.) MOSES PIKE was indicted for stealing on the 9th of September , about eleven in the night, certain shrubs and plants ( to wit) forty cucumbers, value one shilling; fifteen pound weight of grapes, value seven shillings, ten apples, value two pence, and ten pears, value two pence; the property of William Cheeke , growing, standing, and being in the garden ground of the said William , against the statute.

Acquitted .

670 (M.) MARY DAVIS was indicted for stealing a black callimanco petticoat, value seven shillings; a black silk lace cloak, value ten shillings, and a black silk hat, value twelve shillings , the property of Sophia Gray , spinster, July 28th . ||

Acquitted .

671 (M.) JOHN CHILDS was indicted for maliciously and feloniously shooting at Percival Philips , with a certain pistol, he being in the king's highway ; against the statute, August 14th . ++

Acquitted .

672 (M.) JOHN CHILDS otherwise GILES , was a second time indicted for maliciously and feloniously shooting at Charles Jealous , with a certain pistol, he being in the king's highway , against the statute, August 14th .

No evidence was given.

Acquitted .

673 (M.) SARAH JONES and ELIZA BETH STURGESS were indicted for stealing three guineas and four shilling in money , numbered the property of John Horner , August 29th . ++

Both Acquitted .

674 (2d M.) TIMOTHY DONAGHOE was indicted for stealing a mans hat, value three shillings , the property of Christopher Kennedy , August 1st .

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

Acquitted .

675 (M) CHARLES BUSTARD was indicted for feloniously receiving four china coffee, cups, value two shillings, being part of the goods whereof Robert Smith at the last assizes held for the county of Kent, was convicted of stealing; the property of Mathew Butler , well knowing them to have been stolen against the statute, June 14th .

Acquitted .

676 (L.) PETER HARRIS was indicted for stealing two cotton counterpanes, value five shillings, two linen sheets, value four shillings, two linen aprons, value three shillings, four linen shirts, value sixteen shillings, two linen shirts, value four shillings, one linen frock, value twelve-shillings, two linen waistcoats, value thirty shillings, a cambrick handkerchief; value eight shillings and a linen gown value eight shillings ; the property of Penelope Owen , August 29th . ++

Penelope Owen . I live in Thames-street , I went out to a day's work. I had before washed a great many things, and bundled them up. When I came home at night, I saw the counterpane which I had washed in the week, on the ground, then I saw the prisoner come down stairs, he flew past me like an arrow out of a bow; my daughter pursued him. I went up stairs and found all the things mentioned in the indictment bundled up in a sheet, on a frame of the window, half in and half out. I has steped home about an hour before, they were safe then. I am sure the prisoner is the man, he was taken in about half a quarter of an hour; I knew him again directly.

Thomas Cooke . The prosecutor came into my house and said she had been robbed, I live next door to her. I went up stairs and found her door broke open and this chissel [producing it] in the room close to the door, with which it appeared to have been done. The prisoner was taken and brought to my house in about five minutes after. The prosecutrix knew him immediately.

John Hoy . I pursued the prisoner and took him; he begged of me to let him go and said if I did not, he should be either hanged or transported.

Alice Masters . The prosecutrix is my mother, I heard her cry out that she was robbed. I ran down stairs and say the prisoner turn the corner; I pursued him, I never lost sight of him. My mother knew him again as soon as he was brought back.

"The prisoner laid nothing in his defence,

"but called five witnesses, who gave him

"good character."

Guilty .

[Transportation. See summary.]

677, 678, 679 (L.) MARY CLARK , WILLIAM BROWN , and SAMUEL BRYANT were indicted for breaking and entering the dwelling house of John Jones , on the 24th of August , about the hour of two in the morning; and stealing six linen shirts, value twelve shillings; three linen shifts, value three shillings, twelve linen handkerchiefs, value four shillings, two muslin caps, value five shillings, ten yards of thread lace, value five shillings, a lawn apron, value two shillings, a muslin handkerchief, value five shillings, two pair of silver shoe-buckles, value ten shillings, a silver tea spoon, value one shilling, forty-eight half-pence and two hundred and eighty-eight farthings; the property of the said John in his dwelling house . ++

All three Acquitted .

680, 681. (M.) ANN GUY , spinster, and ANN GREEN , spinster, were indicted for that they in the king's highway, in and upon John Riley , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person, a silver-watch, value three pounds, and nine shillings in money numbered the property of the said John , July 20th , ||

John Riley . I am a shoe-maker . I live in Church-Lane, in the Strand . Upon the 19th of July, I had been in the city, when I came to my lodgings, upon the 20th at one in the morning, I found it locked up. I had been drinking a little, but I was sober enough to know any thing that passed. I had not a mind to disturb the family, therefore I went out to look for a lodging elsewhere. I went into the Coach and horses, a public house, in Marrigold-Court. I called for a pint of beer and enquired for a lodging, I could not get one there. I am positive that at that time I had nine shillings and six-pence in my pocket. The two prisoners were then sitting in the next box to me. As I could not get a bed in that house, they said they would shew me an honest house, where I might get a bed for a shilling. I paid for my beer, and went out with them. I had not got a dozen yards in the street, before they both got hold of my arm, one on each side. Ann Green put her hand in my waistcoat pocket, where I had a key and nine shillings. She took out of it the key and the nine shillings. While she was so doing, and I was struggling with her, the other picked my pocket of my watch. Then they both ran away. I was afraid to call out, supposing there might be some bullys by them; therefore I went back to the house. I heard from the master of the house where I was likely to find Ann Guy . I did find her accordingly at the King's-Arms, in Bond stables. She came in while I was there. I got up and challenged her directly and took her before Sir John Fielding . I never have had my money or watch again. There was no one with me after I quitted that house but these two women. George Mills , the waiter of the house asked me to look at my watch to see whether the dial in the tap room went right. I pulled out my watch accordingly.

Q. from the Prisoners. Whether he did not say in that house he had been robbed by two other women.

Riley. I never had been robbed, or said I had by any body else.

George Mills . I saw Riley and the prisoners at our house that night; to be sure he was not sober, he had been drinking; but he was sober enough to know what passed: the prisoners were both sober; I asked Riley to see what a clock it was; he pulled out a silver watch to tell me; he was not there, I believe a quarter of an hour. I saw him go out with these two women; he took out some silver when he came to pay, and after he had paid his reckoning, I saw him put the remainder of the silver into his left-hand waistcoat pocket.

Q. From the prisoners. Whether he did not say he had been robbed by two other women?

Mills. I never heard him say that he had been robbed by any body else.

William Robinson . I was in the publick-house; I saw the prosecutor take out his money, and saw him put it into his pocket again; I saw him go out with the two prisoners.

George Shaw . I am a patrole. Coming down the Strand, between Exeter-Change and Marygold-Court, I saw the two prisoners and Riley in the Strand. This was about one o'clock in the morning. They had him one in each arm. They passed me very peaceably and quietly, and so I took no notice of them. In five minutes he came back again, and said, he had been robbed. I saw nobody at that time in the street, except the prisoners and the prosecutor.

Both guilty, Death .

Recommended by the jury to his Majesty's mercy .

(M) 682. SARAH, the wife of JOHN BARGO , and SUSANAH CLARKE , were indicted for stealing a silk gown, value ten shillings, and a white counterpane, value fifteen shillings , the property of John Devis , December 22 .

John Devis . I am an upholder . I lodge in Chandlers-street, Grosvenor's-square . In December last, I lost a narrow striped silk gown, and a counterpane, out of this lodging. I had some goods in another house, in Somerset-street, which I was desired to take care of. I left my own lodging in Chandlers-street, with these things in it. I kept the two prisoners for some in Somerset-street, at their desire, and the request of my wife, who had known them. They were in great distress. One of them I put into work. I was about to return to my own house in Chandlers-street. I sent them to clean the lodgings, and get them ready. They went about the 20th of December. Upon the 22d, they desired to take their dinner in Chandlers-street. They took a dinner with them. They promised to be at home about four o'clock. When I came home between six and seven, I found they were not returned. This alarmed me. I enquired about it, and discovered that I had been robbed. I could not hear of them, till the 17th of July last, when Susanah Clarke surrendered herself up, and told where the other prisoner was, and where these things were to be found, in consequence of her information I did find them.

Ann Marter . I am a pawnbroker. I took in a counterpane. I cannot say who I took it of.

Thomas Jones . I am servant to Mr. Careless, a pawnbroker. I took in a silk gown of Sarah Humphreys .

"They were both produced in court, and

"deposed to by the prosecutor."

Sarah Humphreys . I received the gown from Sarah Bargo . Both the prisoners lodged together in a garret. When I went to them in the morning, they were both in bed. They desired me to pawn this gown, and let them have one of mine out of pawn, which was cheaper. They declared it was their own gown. I pawned it for them at Careless's for nine shillings, and brought them the duplicate and the money.

Susanah Devis. I missed these things just before Christmas, about three days before I saw the two prisoners; for the last time I saw these things, there was no one else in the house, but these two girls. Within these six weeks, Susanah Clarke came, and surrendered herself, begged for money, and said, she would tell me where to find all my things, and where the other prisoner was. She did discover the other prisoner, who was taken up accordingly, and these things were found. When she was taken up she behaved saucy. I have known them two or three years. I had taken them out of the Magdalen house. Sarah Clarke said, she could not bear it upon her mind, and must disclose it. The other would not confess any thing. I did not make them any promise of favour.

The prisoners said nothing in their defence.

Bargo, Guilty .

Clarke, Acquitted .

[Transportation. See summary.]

(L) 683 SARAH STEVENS was indicted for stealing a linen sheet, value two shillings; a copper sauce-pan, value three shillings; a copper pot, value ten shillings; and two flat irons, value two shillings, the property of John Holland , being in a lodging room, let by contract by the said John to the said Sarah , against the statute, July 1st . ++

Acquitted .

(2d. M) 684. ELIZABETH BOSTICK was indicted for stealing a black stuff quilted petticoat, value one shilling; a black sattin bonnet, value sixpence; a linen shift, value sixpence; a pair of cotton stockings; value twopence; and a linen cap, value two-pence , the property of Thomas Knight , September 2 . *

Jane Knight . I am the wife of Thomas Knight . I hired the prisoner as a servant . She was with me but eight days. On Saturday the 2d of September I missed all the things mentioned in the indictment. She went to market to buy some steaks for dinner, and never returned. I saw her the same evening in Clerkenwell work-house. She was in bed, and the things were lying some by the bed, and some upon it. I asked her, how she came to use me so? She said, she believed the devil was in her; that was all the answer she made to me.

"The things were produced, in court and

"deposed to by the prosecutor."

John Cross . I was sent for by the master of the work-house to take charge of the prisoner. She was then getting up, and had the shift and petticoat on.

Prisoner's Defence.

Being in distress, my mistress lent me the things to put on. She gave me a shilling to go to market. I met with an acquaintance who detained me; so I thought to stay all night, and go home in the morning; and she brought a constable and took me.

Prosecutor. I never lent her any thing.

Guilty of stealing to the value of tenpence . W

(2d. M) 685. JUDITH WILSON was indicted for stealing five silk handkerchiefs, value four shillings , the property of Alexander M'Donald , August 23d . ||

Mary Howard . I am apprentice to Alexander M'Donald , who is a linen-draper in Russel-court . We lost five silk handkerchiefs out of our shop windows. It is an open shop, and the window has no sashes to it. I laid them on the window in the morning. We did not miss them till they were brought by the constable about six o'clock in the evening. I believe it is a month ago to-morrow. The constable was not bound over.

"The handkerchiefs were produced in court

"and Mary Howard deposed that they were

"the prosecutor's property.)

Ann Collishow . Going through Russel-court about five in the evening, I saw the prisoner take the handkerchiefs off Mr. M'Donald's window; she was very much in liquor; I am sure she is the person; she was taken just after.

Prisoner's Defence.

I don't know any thing about it, I am a poor old woman; I am threescore and eight.

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

686. (M.) THOMAS WRIGHT was indicted for ravishing and carnally knowing Margaret Child , an infant, about eleven years old , June 29th .

The prosecutor was called but did not appear.

Acquitted .

687. (L.) SAMUEL PEARCE was indicted by the name of SAMUEL BIGGS , for stealing a woollen cloth coat, value ten shillings, and a woollen cloth waistcoat, value five shillings , the property of James M'Dugal , September 3rd . ++

James M'Dugal. I keep a fruit-shop and am a watchman . I went to the watch-house about a quarter before ten at night; I left my coat and waistcoat on the bed in the shop; I missed them in the morning; I found my cloaths afterwards at Mr. Bunn's, a pawn broker. The prisoner owned before my Lord Mayor, that he sold the cloaths to one David Wolfe for half a guinea.

Elizabeth Bereau . I pawned the coat and waistcoat for David Wolfe .

Prosecutor. Wolfe was bound over but is not here.

He was called but did not appear, his recognizance was ordered to be estreated.

Prisoner's Defence.

I know nothing at all about it.

Guilty .

[Transportation. See summary.]

688. (L.) ROBERT ANGUS was indicted for being found at large in the city of London, without any lawful cause, before the expiration of the term of seven years, for which he had been ordered to be transported by the justice's at Hicks's Hall , August 28 . ++

John Squires . This is a copy of the record of the prisoner's conviction. (producing it). I had it from Hicks's Hall; I compared it with the original, it is a true copy. (it is read).

James Brown . I am a turn-key of Woodstreet compter; I know the prisoner; I was present at the trial at Hicks's Hall, and heard him receive sentence; it was in May sessions, 1774.

William Leigh . I know the prisoner. He was concerned with another in robbing a gentleman of his watch, at the corner of Salisbury-court; I called, stop-thief, and my partner watchman stopped him, and brought him to me.

James Roberts . I know the prisoner; I met him in Salisbury-court, he was running towards me; I heard a cry of stop thief, I stopped him, and took him into Fleet-street; a gentleman accused him of robbing him of his watch; I took him to the watch-house; he was not in custody till I stopped him; it was on the twenty-ninth of last month; I am sure the prisoner is the man.

Prisoner's Defence.

I am not guilty of what is laid to my charge.

Guilty Death .

689. 690. (M.) CHARLES M'GINNIS and ANN his wife , were indicted for stealing a linen stock, value sixpence; a linen shift, value eight-pence; a pair of thread stockings, value eight-pence, and a piece of burdet, value one penny, the property of John Parker ; a cotton gown, value four shillings, a cotton petticoat, value two shillings; a flannel petticoat, value eight-pence; three linen-shirts, value six shillings; four linen aprons, value eight shillings; a muslin apron, value four shillings; a pair of muslin-ruffles, value four shillings; five check apron value two shillings; three linen aprons, value two shillings; a linen sheet, value one shilling; four child's linen caps, value two shillings; two pieces of cotton, value six shillings; three muslin caps, value one shilling; two cotton handkerchiefs, value two shillings; a mahogany, tea-chest, value two shillings; three tin cannisters, value one shilling; a pair of stays, value two shillings; a linen shift, value one shilling; three pair of linen sheets, value three shillings; three linen napkins, value three shillings; ten pieces of linen cloth, value one shilling, two linen night cups, value three pence; a pair of thread stockings, value three pence; a piece of black silk lining, value two pence; a piece of black silk, value six-pence; a leather glove value one penny; seven pieces of green stuff, value one penny; a piece of blue stuff of no value, and a piece of red stuff, a piece of black silk trimming of no value, three pair of men's linen ruffles, value one shilling, and a man's linen frill, value two-pence, the property of Mary Howes , spinster, in the dwelling-house of Jeremiah Martin , September 2d . *

Mary Martin . I am wife of Jeremiah Martin ; I know both the prisoners. John Parker lodged at my house; upon Thursday was fortnight, Mr. Parker went to look into his box, and I went with him; I desired him to lock the box and take care of the key, because I did not like some of my lodgers. This day fortnight I saw the box was moved out of its place; I shoved it with my foot and found it empty; I then looked about and missed a little box and a tea-chest; the prisoners had lodged in my house not quite a week; they were the only persons in the house at the time: I conceived a suspicion of them and had them taken up. One day the prisoner, Charles M'Ginnis called me into his room, and I saw in a drawer a great number of locks and keys.

On Saturday night the prisoner, Ann M' Ginnis came to drink tea with me; she sent out the two children, one of them is about fifteen and the other about ten years old, and then the two prisoners went backwards and forwards several times that night; I saw the husband go out with a large bundle, which I suspected to be my sheets, and I insisted upon seeing whether they were so, but the candle went out, and I heard a bustle on the stairs.

"On her cross examination she said, her

"husband was a watch finisher: that there

"were no other lodgers in the house; that

"the street door was not always kept locked

"but generally open. That she was hardly

"ever out of fight of the door, but when her

"husband was at home. That when they were

"taken, there were a vast number of pawnbrokers

"duplicates left at the justices. That

"the magistrate discharged them that night and

"they lay at her house again. That she locked

"the door of the house that they should not

"escape."

Elizabeth Martin . Upon the Saturday before these people were taken up, the man came home about seven o'clock, and sent me out with orders to wait for my aunt Ann M'Ginnes, at a public house. I waited for a quarter of an hour, and the prisoner Charles, came to me with two bundles, one was a large one and the other a small one. I saw a coloured apron drop out of one of them. This place was about four doors from the place where they lodge. He then took me to another public house, and the prisoner Ann M'Ginnes came thither and they went in and out of the public house two or three times. At last, she bid me go to the top of Whitecross-street, with the bundles and wait for them. I went and waited there, she came, but the prisoner Charles did not come. She took me up Golden-Lane, and up Old-street Road, and then she took the bundles from me and bid me not let any body see the box under the bed. I found a box under the bed. I lay over the way, I went the next morning to my aunt's lodging, I saw the box burning in the garret, both the prisoners were there. I knew it to be the same box by the pieces. I never saw it afterwards, both the prisoners dined at home that day.

Q. from the Jury. How did the prisoners live?

Elizabeth Martin . By pawning cloaths, they had a great many cloaths.

On her cross examinations, she said, before that morning, they did not use to light the fire till she came, that she used to light it.

Wm Bird. On Monday the 4th of Sept. I was sent for by Mr. Martin to take charge of the prisoners; I found the prisoner Charles in bed, his wife was out, she came in between four and five in the afternoon; I took them both before justice Wilmot; at this time, Mr. Parker was not at home, they could not swear to the things; there were 115 duplicates; we left them with the justice, he ordered the girl to be taken up, which she accordingly was; I took the prisoners before the justice again next day and they I believe were committed. Mr. Parker came to town on the Friday, the Sunday after I broke open the room and found some of the things; the prisoner lay at Mr. Martin's on Tuesday night; I took them before the justice on Wednesday, they went very willingly.

John Parker . I came to town last Friday early in the morning, when I went out of town, I left a little box of my own, and a large on of Mrs. Hawes's in a room up stairs in the care of Mrs. Martin. There was a piece of Burdet in one of them (the piece of burdet was produced by Bird and deposed to by Parker)

Elize Martin again. The prisoners locked the door when they went to prison, and a girl came and opened the door and locked it again and took the key away.

Mary Hawes . I had two boxes full of linen when Mr. Parker went out of town, he left the boxes in the care of Mrs. Martin.

(Looks at a piece of black silk, a lining of a cloak, some pieces of green stuff, and a pair of lace ruffles, which were produced by Bird) they were all in my box, with a great many other things, the box was corded but not locked, I lost the things mentioned in the indictment as my property (repeats them) they are all very much under-valued in the indictment.

Bird. All the things Mrs. Hawes has spoke to were found in the room on Sunday lying about, they were not atall secreted or concealed.

Charles M'Ginnis's Defence .

On the morning of the day I was carried before the justice, Mr. Martin and the constable searched the room all over, even the bed and found nothing.

Bird. I searched his room on the Monday and found the silk lining, and on Tuesday I searched it again and found the other things.

Court. Gentlemen of the Jury, I shall not call upon the woman to make her defence, because what she did was under the direction of her husband.

For the Prisoner.

Ann Brooks called.

Q. How old are you?

Brooks. Nine years old.

Q. Do you know what you are called for?

Brooks. No.

Q. You are called here to take an oath; did you ever hear of an oath?

Brooks. No.

Q. You have heard it is a wicked thing to tell a a lie?

Brooks. Yes.

Q. Did you ever hear of heaven?

Brooks. Yes.

Q. Did you ever hear of hell?

Brooks. Yes.

Q. Which of those places are liars to go to?

Brooks. To hell.

Court. Swear her.

Q. What do you know? Did you go from the prisoners to Mrs. Martin's

Brooks. Yes.

Q. When?

Brooks. On a week day, I cannot tell what day it was.

Q. What did you go for?

Brooks. A two penny loaf and a dolls jamb.

Q. This was after Ann Mc Ginnis was in prison?

Brooks. Yes, after she was in Clerkenwell.

Q. Who sent you?

Brooks. My mummy.

Q. Who is your mother?

Brooks. The prisoner at the bar.

Q. When you came there did you see any thing?

Brooks. Yes, Mr. and Mrs. Martin made me stay in their room, till they had done dinner, then they went and fetched Mr. Davis and a woman that lives next door to Mr. Martin, then I went up stairs for the loaf and jamb?

Q. What room did you go to?

Brooks. The one pair of stairs.

Q. Who lived in the one pair of stairs room?

Brooks. My mammy.

Q. Did Mrs. Martin go up with you?

Brooks. Yes, they all went up with me, they said, I must give them the key of the door; I said my mammy would beat me if I did.

Q. Did they do any thing in the room?

Brooks. Betty put something under the head of the bed, and Mrs. Martin dropped something in a drawer.

Q. What Betty was that?

Brooks. The girl here.

Q. Did she go up with Mr. Martin?

Brooks. Yes.

Q. Do you know what it was she dropped in one of the drawers.

Brooks. No, I do'nt know, she dropped it so quick; besides, Mrs. Martin licked me because I would not give her the key of the door.

Q. Did you lock the door and carry the key away?

Brooks. Yes,

Prisoner. Please to ask the child if they did not bundle up every thing in the room, and want her to take it with her.

Brooks. Yes, the girl bundled all the things up; and wanted me to carry them to my mammy; I would not, for I said my mother had no place to put them in.

Q. To Mary Martin . Look at the little girl.

Martin. I know her very well.

Q. That girl swears, that you, and Betty, and Mrs. Davis, and another person went into the room with her when she opened the door?

Martin. Yes, my lord, we did.

Q. She swears she saw you drop something into the drawers?

Martin. That is false, I did not drop any thing in the drawer, as I hope to see heaven.

Q. To Elizabeth Martin . Was you in the room when that girl went it?

Elizabeth Martin . Yes.

Q. She says you put something under the head of the bed?

Elizabeth Martin . It is false; I never put any thing under the bed, nor never put any thing in the room.

Charles M'Ginnis guilty of stealing to the value of 39 shillings .

Ann M'Ginnis, Acquitted .

[Transportation. See summary.]

(L) 691. BARNWELL MALES was indicted for obtaining by false pretences, from James Hammond and Henry Hammond , glovers and importers of crape, and partners, three packets of crape, value twenty six pounds , April the 5th . ++

Henry Hammond . I am a glover and importer of Italian crape for hat-bands , in partnership with James Hammond my father. Upon the 5th of April the prisoner came and asked for three packets of crape for Mr. Skinner, who is an undertaker in Aldersgate street, and has dealt with us many years. He had three packets of crape, to the amount of twenty-six pounds. I would not have advanced it upon his own credit.

Stevens. I live with Mr. Hammond. I delivered the crapes to the prisoner; he said he wanted three packets for Mr. Skinner; I delivered a bill of parcels with them, made out in Mr. Skinner's name.

Thomas Skinner . The prisoner is an undertaker; he was a servant of mine about eleven months ago; he was not in my service on the fifth of April last; I never gave him any authority to go for the crapes, nor did I receive any of him.

Prisoner's Defence.

When I went for the crape, I never mentioned Mr. Skinner's name; I took it up in my own name and meant to pay for it; I made use of no name at all; they asked me no questions.

Guilty .

[Imprisonment. See summary.]

692 (L.) ANN BAKER was indicted for uttering to John Elsmore , a piece of false and counterfeit money, resembling a guinea, as and for a good guinea, knowing the same to be false and counterfeit , December 31st .

Second Count. For uttering another piece of false and counterfeit money, resembling a guinea, as and for a good guinea, knowing the same to be false and counterfeit, December 31st. ++

John Elsmore . I keep a public house in Windmill-street, near Smithfield . The prisoner came to my house on the 31st, of December and two women with her. They sat down by the fire and had some gin and two threepenny worths of rum and water. She was above an hour in the house. I am sure she is the same woman. I was busy at the bar, she asked me to give her change for a guinea and take the reckoning. I took the guinea and weighed it, it was a very good one, she then said, she believed she had silver enough to pay without changing. I gave her the guinea again and she put it in her mouth. As I was busy I turned my head, and then she said she should want change before she got home and desired I would give her change. She gave me a guinea, I thought it was the same and gave her change, and she went away directly; when she was gone, I thought it felt light and I weighed it and found it was a bad one. I went after her but could not find her and I never met with her till last July, then I took her up. The counterfeit weighs about twelve shillings.

William Biddle . I was at Mr. Elsmore's on the 31st of December. I saw the prisoner there between six and seven in the evening. She asked me to drink with her. I did. She changed a guinea with Mr. Elsmore, and after she was gone, he said, he believed he was taken in, the guinea was light, she was gone in an instant; he went to see after her but could not find her.

The prisoner said nothing in her defence.

Guilty upon the first Count.

[Imprisonment. See summary.]

[Provide sureties for good behaviour. See summary.]

693 (L.) ADAM DAUGHTON was indicted for obtaining by false pretences of John Davis , servant to John Isherwood , John Armsbotham and Richard Armsbotham ; two gallons of rasbery brandy and a wooden cask , August 16th . ++

John Davis . I am servant to Messrs. Isherwood and Armsbotham. The prisoner had come to our house several times with casks from Mr. Kirby. On the 16th of August he came, and said he wanted two gallons of rasbery brandy for Mr. Kirby, I filled him two gallons and gave him a bill with it in the name of Abram Kirby . I would not have let him have had it upon his own credit.

" Robert Dorlington servant to Messrs.

"Isherwood and Armsbotham, who were in the " shop at the time of the transaction confirmed

"the evidence of the last witness.

Abraham Kirby . I am a victualler. The prisoner was a servant of mine; I never sent him to Mr. Isherwood's in my life for liquor; he has carried some empty kegs from my house, but never with any order for liquor.

Prisoner's Defence.

I have been sent by Mr. Kirby's housekeeper many times, both with kegs and for liquor.

Kirby. I never knew her send any body for liquor but my daughter.

- Davis. I never knew him come for liquor before; I believe he came once with Mr. Kirby's daughter.

Guilty .

[Imprisonment. See summary.]

Proceedings at the Old Bailey relative to Mrs. RUDD .

On Saturday morning the 16th, about nine o'clock the judges Gould, Ashurst, and Hotham having taken their places, the prisoner was ordered to the bar.

After the court had been opened in the usual form, Mr. Davenport, as leading counsel for the prisoner, begged leave to be heard in her favour, why she ought not legally to be put on her trial, after having been admitted before the justices, king's evidence. - He spoke a considerable time, and was well attended to by the court at In taking a general view of the question however, he was requested by Mr. Bearcroft (one of the opposite counsel) to narrow his arguments, to the statement of particular facts, when he said, it would appear the prisoner had not acted conformably to her character as king's evidence, in not diselosing the whole of what she knew. Mr. Davenport adopted this scheme, and observed, she was aware this would be urged, but said in her defence, that she thought herself sufficiently justified in answering the particular questions put to her, that the prosecutors were present the whole time of her examination, who, if they were not satisfied with her answers, were at liberty to propose five the matter to her, which they did not, and that, in fact, she was treated through every stage of the business to all intents and purposes, as a king's evidence.

Mr. Cooper, on the same side, began, by observing that he would not dispute the authority of the King's Bench in refusing the prisoner at the bar to bail, yet he thought the disclosure she made before the magistrates of all questions put to her, admitted her, in full, to that protection which the law holds out to all accomplices making such a confession, that it was impossible to say what evidence she gave before the Grand Jury, who might have examined her to any particulars that they thought proper; that when admitted to bail she did not attempt to forfeit it, that she was in waiting at the trial of the Perreaus, and who could say on that trial she would have denied any part of the questions relative to the whole of such forgeries, as she knew of? He concluded therefore, that the admitting her a king's evidence in this case, was no more than a legal and liberal construction of the doctrine of approvers and, consequently it concerned the delivery and honour of the criminal courts of justice, as well from the fact as from repeated precedents, to defend her from a prosecution. In this last case, he appealed to his own feelings, in saying he did not plead alone for her sake, but for the sake of public justice.

The prisoner's two informations, on oath, of the 15th and 17th of March, which she made before the justices in Bow-street, at the time of her being bailed, were then read - the first describing the manner of R. Perreau's solicitation for her signing a bond on Mr. Adair for 7500 l. - The second D. Perreau's violent threats, with a penknife held to her throat to force her to it.

Mr. Bearcroft as counsel for the prosecution, then rose, and began with observing that he was not at all aware of any argument being used on the legality of the prisoner's trial; but since that ground was taken, he would speak to it; he very humanely observed, that at the same time he could wish to be thought no otherwise concerned in this business than to clear the fact, as well as he was able, in point of law; in his opinion, and he was certain he spoke correctly - that excepting the prisoner, from a trial, in consequence of the kind of evidence she gave before the Magistrates in Bow-street, was neither justified by the statutes or common law. He then slightly entered into the doctrine of approvers, as well as the statutes founded on them, which he said, did not at all describe the prisoner as entitled to their protection. To strengthen this he instanced a case which fell under his own knowledge, of an accomplice being admitted a king's evidence, yet, it appearing upon his testimony in court, that he prevaricated, he was taken into custody, ordered to be indicted, was afterwards tried, and convicted; that in the present case, the prisoner only gave evidence of one bond with an intent to defraud the Mess. Drummonds of 7500 l. whereas they meant to try her on two other bonds which she had not confessed, and which consequently deprived her of the benefit of king's evidence. He illustrated the propriety of this argument by a supposed case of two highwaymen, one of whom turned king's evidence, but afterwards committed another robbery. Surely, says he, in this instance, though the first confession exculpates him from the first offence, it does not from the second. He finally observed, that the prisoner had been repeatedly asked whether she knew of any other bond, to which she answered in the negative; which evidently proved she was not in earnest in her evidence, and consequently was not entitled to the benefit of a full confession.

He was followed by Mr. Lucas, who said, he would not detain the court after the matter had been so fully gone into by Mr. Bearcroft; he would only add one observation, which was, that it appeared before the King's Bench. that the affidavits of the justices expressed it was on the condition, and under the supposition of the prisoners declaring the whole truth, they admitted her to bail.

Mr. Howarth on the same side observed, amongst other matters, that the prisoner's evidence on the bond of 7500 l. instead of being relied on, fully exculpated her, because under the threats of being put to death, (as was stated in her information): her signing it could be no crime. Considering her case at large, he could see no legal objection to her pleading to the indictment; as to any allusions to mercy, he could not think they were proper in that court, as the power of dispensing it were lodged elsewhere.

Mr. Davenport replied, by observing, that all the prisoner knew was by way of question, which she particularly answered; that the design of her turning king's evidence was already fully answered by a conviction of the parties; and though she was not brought in an evidence against them, it was not her fault - she was in earnest, and willing (though, says he, I will not say in this case desirous) of doing public justice. Has she not been at liberty to make her escape? Were not the prosecutors all present, whose business it was to fist this matter to the bottom, and do they now charge her with a single prevarication? He likewise observed, whatever stress might be laid on the other bonds, for which her prosecutors meant to try herd that they were all connected in the same business, and public justice had already been satisfied, in the conviction of the unfortunate parties:

"I will not say these bonds are on the same sheet of paper, but surely they are of the same parties; and shall she, who, on the fullest examination before the magistrates was thought to be the least guilty, be now place in the greatest danger."

Mr. Justice GOULD's Argument.

As to what passed in the Court of King's-Bench on this subject, it bears little, if any relation to what is now properly and peculiarly under the cognizance of this court. The circumstances then attending the prisoner's confinement, were very different to what is now the subject of consideration. To the point of resting or deciding the propriety and legality of putting the prisoner on her trial, it is out of the question. The near approach of he sessions, or any other circumstance of a similar nature, might have induced that court to refuse admitting the prisoner to bail; but it is not my business to enquire into the motives for remanding her. It is enough for me to lay down the law, with all possible impartiality. and to the best of my skill.

The power this court is about to exercise, is most clearly founded in discretion, and not directly authorized by any provision strictly, at least literally, legal: but that, however, does not take off from the competency of it; for it is only the justices of jail delivery that can properly have cognizance, whether this woman is, or is not, to be tried. This matter can not be taken out of this court: it is here only, therefore, that the point can be judicially determined. I must first observe, that the legislature have established a very close correspondence between the justices or magistrates, and the justices of jail delivery; and I think with exceeding good reason; for if justices of the peace were not invested with several important powers, the execution of criminal justice must soon totally fail; but white I would willingly intrust them with every power that might promise to promote the furtherance of justice, I should be sorry to indulge them with a privilege which, from the very nature of it; would be so liable to abuse, that of substituting verbal testimony, instead of written, which would most undoubtedly happen, if we permitted any notice of what had passed in Bow-street, different or contradictory to the written evidence now before the court. It is only the latter that carries about it the stamp of authority; and it is only that we are now obliged to take the least notice of, I shall only add, on this head, that the statutes made since the revolution, for vesting the justices with the power of promising pardon to persons convicting their accomplices, takes notice in the preamble, that the law was passed in affirmance of an usage then existing, and was meant to correct an abuse, which had gradually prevailed, that of its being in the power of one justice to admit accomplices, and at other times getting a second justice to lend his name, and sign it, though he was not present at the transaction he thus took upon him to approve of. Those statutes I have alluded to, were first enacted with a view likewise of strengthening the hands of the inferior magistracy, and arming them with powers suited and necessary to the effectual discharge of their office. The first act passed, was that of the fourth and fifth of William and Mary, relative to robbers: this enables the justices to admit accomplices, and to promise to pardon them, on the condition of convicting two. By the tenth and eleventh of William, this is extended to house-breaking and horse-stealing; and still farther extended, the fifth of Anne, to burglary, or the felonious breaking open a house in the day-time. The first of those was found deficient, as it was confined to a certain species of crimes; so was the second, as it held out no encouragement; and even the last is manifestly wanting, though it extends to persons as well in as out of prison, as it annexes a most extraordinary condition, that of convicting two or more, like the two preceding. Yet none of those acts answered the purposes they were intended to effectuate: It has been therefore, the practice of almost a century to permit justices of the peace to admit persons, guilty of capital offences, to convict their accomplices, under a promise of pardon, which has always been faithfully and punctually fulfilled.

Such a discretionary power is indispensibly necessary to the true administration of criminal justice. It is analogous to the power created by the statutes, but more compleat; it is suited to the spirit and genius of our laws, and it is finally built on the ancient principles of the common law relative to approvers. The matter, I take it, is not a fit or proper subject for subtle or fine-spun arguments, and abstract deductions; but is the law of approvers has been so much the subject of enquiry, let us turn our attention a little that way. An approver could not be admitted without the consent of the court, his admission was clearly a matter of grace; but if he once convicted the person he approved, his pardon was not a matter of favour, but of right; that he must be indicted, and that he must make a full and entire confession of every thing he knew, as well relative to the indictment as every other crime of which he was guilty; yet it is laid down in Rastall's Entries, and in books of the first authority, that an approver was not obliged to give evidence of any other crime but that for which he stood indicted; nay, that if he did, the person approved was not obliged to answer; or if absent, was not liable to any of the consequences. Coke is of the same opinion; and has laid down the same doctrine more than twice or three times. The trial by battle, which made part of the law of approvers, was most absurd, where the issue of right was tried by the strength of the arm. It proceeded on the extraordinary idea, that providence always interposed and uniformly decided in favour of the person who had the most righteous cause This barbarous institution fell with the superstition which gave it birth, and the law of approvers gradually fell into disuse. It was found necessary, however, to substitute something in its place. We accordingly find, so early as the year 1660, the 12th of Charles the second, that this point was beginning to be settled Lord Hale refers to a case where a man had informed against his accomplices, and was admitted under the spirit and sanction of the law of approvers (He has laid it down page 303 and 305, and observes, that Keeling, chief justice, and Wilde recorder, both well versed in the usages relative to criminal prosecutions carried on at the Old Bailey, were of the same opinion. Were it otherwise, if people were compelled to give evidence, or invited to give it, and afterwards be liable to be convicted and suffer, on the ground of their own confession, it would be terrible indeed! it would be treachery in the extreme, and worse than the suspended sword of Damocles. The person is invited, he shall do so and so, upon such and such conditions; he shall be pardoned when he does it, yet when he has done every thing he promised, or offered to do, he is forsooth told, that such a promise was not strictly legal, or warranted by law. Lord Hale is however of a different opinion, so is Hawkins. But what is urged to day by some of the council? we wave, say they, the criminal charge in which she was admitted, but as she did not disclose all she knew, we will put her to answer on her trial for another offence. Now how is it possible for this court to judicially take cognizance of any circumstance, which can impeach the prisoner's veracity? there lies the difficulty; because, if we admit the charge, we in fact, take the premises for granted, and forejudge the culprit, before it is possible we can judicially know any thing of her guilt. I need not repeat what is so well known. It is the practice of every day, and has been established for more than a century. It has been much insisted, that the pardon, by any construction, cannot be made to extend further than the bond tendered the Drummonds. Does this court, I repeat, know any thing of any other? If indeed she had been examined, or had said a single word; if she had prevaricated or contradicted what she had sworn before the justices, when she came to be examined on the trial of the accomplices, there might be some pretence. If a person indeed gives a false account, the case may be totally altered; but here no such charge has, or can be made. For these reasons, founded in the spirit and genius of the common law, and the prosessed intention of the statutes enacted for convicting offenders, it is plain a great latitude has been allowed, controulable only by the nature of the terms and conditions. Those should be punctually performed and strictly fulfilled on both sides. The distinction about different felonies is, in my opinion, a very false one. The idea is taken up on the act of the 4th and 5th of William and Mary; but in that of Anne the encouragement is indiscriminately extended to every other species of robbery and burglary, which plainly points out that the pardon was meant to be as general as the description. This usage is founded in good policy, and experience has taught us the wisdom of it. It has been the uniform practice of a century, and I hope will continue to be so for many more.

A question may arise, and the contrary idea was suggested by one of the counsel (Mr. Howarth) whether we have a right or discretionary power to discharge the prisoner, should my two learned brothers agree with me in opinion? All I can answer to this is, that her pardon must follow a refusal to put her on her trial, of course. It will be said, perhaps, that the power is but a negative one. So, I suppose, are several we exercise under the authority of an act of parliament; but that does not make them the less valid. If, for instance, an accomplice under the statute was put on his trial, I know of no plea, strictly, he could put in to stop proceedings, without having a pardon to produce. It must, in that case be the discretion of the court, as it is in the present, the latter not strictly authorising either.

It has been warmly urged in argument, that supposing the prisoner to have told the truth on her examination before the justices, yet as her depositions related only to the bond for 7,500 l. she is still liable to be tried for any other offence for which she might be indicted; but I believe that principle will never be admitted as law, considering the constant notorious usage to the contrary. I perceive the gentlemen have laboured this point with all possible ingenuity; and I perceive too, they have failed to produce a single precedent in support of it. One of them (Mr. Bearcroft) has, it is true, quoted a case, but it does not reach the present; and if it did, would be the strongest arguments to prove the soundness of the doctrines insisted on by the gentlemen on the other side. I remember the case alluded to extremely well, as it was I who tried the criminal, and it was shortly this: A person who was admitted under the statute, was brought to convict his accomplices; what was the consequence? - he contradicted or reversed on the trial every syllable he had sworn when he was admitted an evidence before the magistrates. He thought as he had saved himself, he would now save his accomplices. The whole court, struck with the apparent profligacy and audacity of the fellow, cried out for justice. He was accordingly put on his trial, and convicted. Even on that occasion, however flagrant the conduct of the culprit might be, he was put to answer no offence which brought after it a more severe punishment than what he was liable to suffer on the evidence arising on his own testimony in open court; for his contradicting himself was gross perjury, for which he was liable to be indicted and transported, and the offence which was actually tried, authorized no higher punishment.

The same gentleman who alluded to the above matter as a precedent in point, seemed to insist with a considerable deal of force, that supposing the magistrates to have the power contended for, by a kind of discretion supported by analogy to the legal powers created by the statutes; yet those discretionary powers should be exercised in some what a similar manner. I grant the rule to be a very just one; but I suspect he will find, that the argument will admit of a deduction, expressly contrary to that he has drawn from it. He will find, that the very powers created by the statutes are exercised in a manner very different from their strict legal import. For instance, he will find that the three statutes of William and of Anne all require the conviction of two accomplices. He will find, that they are confined to certain particular species of felony. What found then would it have in a court of justice, this time of day, to tell a person, after that he had done all that was required of him,

"You shall be now hanged, you have only convicted one accomplice, or you have been found guilty of stealing at night, of robbing, or of stealing in the day time, according to the circumstances of the case?" This then will bring us to the clear found principle, whether the justices have not a discretionary power to admit, not founded on the statutes but analogous to them, and that even when they do act under the form of the statutes, they do not almost always find themselves obliged to resort to that discretionary power, in order to carry the statutes themselves into effectual execution, which without this power would be little more than waste paper.

On the whole then, I must repeat again, the justices of jail delivery have always found it necessary to recognize this discretion, as exercised by the magistrates. It now forms a part of the criminal justice of the nation; wisdom and experience has taught its great utility; I cannot, therefore, for my part, depart from it on the present occasion; and should my brethren agree with me in opinion, I shall consequently refuse to put the prisoner on her trial.

Mr. Justice ASHURST.

Mrs. Rudd is now before this court, in order to answer to an indictment on a charge of forgery, and, in my opinion, is very properly and legally called upon to make her defence. I am very sorry to differ in opinion from my learned brother, whose learning and abilities no man esteems more; but I cannot help retaining the same sentiments I did, when I joined with the rest of my brethren in the unanimous opinion of the Court of King's Bench, that she was entitled to no benefit beyond the extent of her own discoveries. I know of no strict legal right she had at all to be admitted, much less to be admitted in a manner and on conditions unknown to the parties before whom she appeared. She, at the time of her examination, was conjured to relate all the facts that came within her knowledge. She has not done this. In my opinion, therefore, if she has failed in the conditions annexed to the implied pardon; she has of course, by that act, forfeited any claim or title to it.

But supposing that the facts were otherwise, I cannot see how this discretionary power, exercised by the Justices, can be set up as a strict legal defence, nor how it can be pleaded in bar of an indictment on an offence created by an express act of parliament. On the contrary, if justice be the thing to be fought, if the laws are meant to be fairly enforced, and equitably executed, for the general benefit of the public, and the particular protection of the prisoner, I think the only best method to obtain these ends, will be to put the prisoner on her trial.

She said, she knew nothing relative to any other forgery. It has since come out that she did. - If she did not, she runs no risque in being put on her trial; if she did, and concealed it, I can by no means think her intitled to the benefits she would have a right certainly to claim, on the ground of a full and fair disclosure of every thing she knew.

If my other learned brother should unite in opinion with me, the trial will of course come on; but I do not mean to hurry it. It is a matter of weighty and important consideration; as such, therefore, I should gladly, for my part, have the point of law referred to the opinion of the twelve judges, and Mrs. Rudd remanded back to prison.

Mr. Baron HOTHAM .

However affected my feelings may be, in a situation which necessarily obliges me to determine, whether the prisoner shall, or shall not, be put on her trial for her life; or whatever impression the arguments of my learned brother, who spoke first, and to whose opinion I am willing to pay all possible deference, might have made on me, I am perfectly satisfied in conscience, that Mrs. Rudd ought to be put on her trial. The point, of law, in my opinion, neither rests on the law of approvers, nor on the statutes. And farther, I cannot conceive, that an examination before the justices is a full and perfect admission; on the contrary, as it is entirely on the consideration of a full and fair disclosure, which is only to be gathered at the trial of the accomplices, I shall ever think that it is in the power of this court ultimately to refuse, if in the mean time any discovery should be made, in proof, that the discoverer against his or her accomplices had not made a fair disclosure of all they knew. They are bound in honour on both sides, or on neither: the engagement, whether discretionary or by statute, is reciprocal. I am therefore clearly of opinion, that the prisoner cannot, with justice, be now tried on the first indictment; but I have no conception, that a prisoner going before a justice of the peace to discover his accomplices, and sinking one material fact, does not thereby preclude himself from all benefit or favour he might be otherwise entitled to. On the whole, however, for the same reason assigned by my learned brother who spoke last, I join in opinion, that the prisoner be remanded in order that the rest of the judges may be consulted.

The Sessions being ended, the Court proceeded to give judgment as follows.

Received sentence of death, 15.

Robert Angus , John Wild , Thomas Young , James Johnston , Thomas Bath , Silas Sheers , George Childs , Matthew Bevan , John Jennings , Eleanor Brown , Henry Jordan , William Gibbs , Ann Grey , Ann Green, and John Yardley .

Received sentence of transportation for fourteen years, one, Eleanor Ogle .

Transportation for seven years, 37.

John Blay , Thomas Bryant , James Mac-Daniel , John Gwillam , Dove Ash , William Bowman , Philip Heath , William Mitchel , Peter Harris , Mary Smith , Edward Lynch , William Barber , Mary Harreld , William Angus , Charles Woodhead , Samuel Biggs , Mary Dymond , William Gosling , Daniel East , George Cuthbert , Thomas Cooke , John Fagan , Hyder Campion , Philip Rowland , Mary Binns , Eleanor Black , Joseph Jones , Edward Jones , John Cox , Clement Court, John Ford , James Gordon , John Jenkins , Sarah Clarke , Jane Henderson , Sarah Bargo , and Charles M'Ginnes .

Imprisoned one year, one.

Barnwell Moles ,

Imprisoned three months,

Adam Daughton , and Carolina Harris .

Ann Baler to be imprisoned six months, and find security for her good behaviour for six months more.

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