Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 23 November 2014), October 1775 (17751018).

Old Bailey Proceedings, 18th October 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 18th, Thursday the 19th, Friday the 20th, and Saturday the 21st of OCTOBER, 1775.

In the Fifteenth Year of His MAJESTY's Reign. Being the Eight 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 VIII. 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 WILLIAM BLACKSTONE , Knt. one of the Justices of his Majesty's Court of Common Pleas *, The Honourable Sir JAMES EYRE , Knt. one of the Barons of his Majesty's Court of Exchequer +; Mr. Serjeant GLYNN, Recorder ++; and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

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

(L) London Jury,

(M) First Middlesex Jury,

(2d M) Second Middlesex Jury.

London Jury.

Edward Curtis

John Petman

George Smith

Joseph Walton

Johnes Osburn

Thomas Goldsmith

Samuel Howe

John Peter Javellin

Daniel Ward

George Grainger

Patrick Hutton

James Biddin

First Middlesex Jury.

Luke Alder

Thomas Peck

Thomas Hawes

Thomas Walker

Robert Patrick

Thomas Jarvis

Henry Soames

Chas. Woodroff Cowse

Samuel Stone

John Lycett

John Adams

Alexander Hewitt

Second Middlesex Jury:

James Exeter

Edward Wybourn

William Cook

Thomas Metcalf

John Goss

John Berkley

Richard Dowding

Francis Earl

Robert Sugden

John Jenkins

James Bloy

John Greatorex

James Harris served part of the time in the stead of Thomas Walker

694. (M) ALEXANDER TATE was indicted for that he with a certain hanger made of iron and steel, value one shilling, upon William Bathurst feloniously and wilfully of his malice afore-thought, did make an assault, and him, the said William Bathurst , did strike and cut, thereby giving him upon his head one mortal wound of the length of two inches, and of the depth of one inch, of which he instantly died , Sept. 18th .

He likewise stood charged with the said murder on the coroner's inquisition. *

Phabe Rosmanson. I live in New Gravel-lane. I knew the deceased, and I know the prisoner. The prisoner was a runner to Justice Camper ; he had used to go to sea. The deceased had been to sea formerly, but was then a coal-heaver . On Saturday the 16th of September, the prisoner served a warrant upon the deceased for using a woman ill that he had lived with. The prisoner used the deceased very ill, in dragging him up and down the street, before he carried him to the justice. They quarrelled; upon this, after he had served the warrant, Justice Sherwood had him put into the watch-house upon the deceased's complaint of his ill treatment, and behaving ill to the justice himself. He continued in the watch-house from Saturday till Monday.

Q. Had he any warrant?

Rosmanson. I did not see any.

On Monday he was brought before Justice Sherwood at his own house. I was there from ten o'clock in the morning. When the prisoner came in, he asked the justice's pardon; the justice said, he would forgive him if the deceased would; the deceased said, he would forgive him, provided he would go on board a ship with him, that he might come into no more trouble. The deceased was going to sea, and wanted to take him with him. They were common seamen.

Q. Had they ever gone together before?

Rosmanson. I cannot say.

The prisoner agreed to go, and then the prisoner was carried over to the Virginia planters, a public house, in which they confined people, and locked up, till he could find money to discharge the justice's warrant, and such like. I fetched for that purpose, five shillings first, and four afterwards.

Q. Was that money paid to the justice's clerk?

Rosmanson. It was given into the deceased's hand, and he went over to pay what demand there was.

The deceased made the prisoner promise before the justice, that he would go with him; I saw him kiss the book upon it, and he made his compliments to the justice that he would go to sea with him.

Q. When he returned from the justice to discharge the demand, as you call it, where was the prisoner then?

Rosmanson. He was locked up there, in a lock-up room.

Q. Was the prisoner sober, or in liquor?

Rosmanson. I cannot say.

He went from the lock-up house first to his own apartment to his wife; his wife ordered me to go to him, and desire him to come out, as he did not live with his wife, he lived with Sarah Mills . The deceased went with him and his wife, the wife came out presently, and he and the deceased came out, and went down to the Black Horse. The deceased still kept with him, desiring him to go on board a ship with him. He called for a gill of wine at the Black Horse; the deceased had a pot of beer; when the prisoner had drank his wine, he laid down upon the bench, and seemed to be asleep. The deceased desired him to go on board to speak to the captain; the prisoner upon that, called him names, and said, he would not go. Then he went up to his own place again; he could not get in; the woman he lives with came out of Mrs. Gibbons's, a green shop, on the opposite side of the way, and then they went in there; there were there besides him and the deceased, Sarah Mills , Eleanor Salmon , a woman who keeps the room they were in, and another body, they call Elizabeth. The prisoner threw himself upon the bed as soon as he came in, and Sarah Mills covered him over with some cloaths, as he wanted to sleep.

Q. Was he sober then?

Rosmanson. He talked romancing and wild, I do not know, the deceased was teazing him to go on board, and said, he might come on shore again for his things.

Q. How did the deceased behave to him? Was he civil to him, or did he quarrel with him?

Rosmanson. He did not quarrel with him, he only desired him to go on board a ship.

Q. How long did they stay at Mrs. Gibbons's?

Rosmanson. They had three pots of beer, and bread and cheese. The prisoner did not drink any of it, he lay upon the bed all the time.

The deceased asked him to go on board again; he said, he would not; the deceased said, don't you know you are under my command by order of the justice; and he took out a paper, I believe it was a warrant; Sarah Mills snatched it out of his hand, and tore it; the deceased gave her a shove, and asked her how she dare do that: then the prisoner jumped up, and said, d - n his eyes, he would go to Tyburn rather than any body should hurt her. She desired Tate to come home; he went out, the deceased and Eleanor Salmon and Mills accompanied him, and he went home. I did not go into that house; I saw Sarah Mills come to the back door, in about ten minutes after they went over, with her hand bloody; I asked her how it came bloody; she said, my hand is cut all to pieces; she returned in doors immediately. The prisoner went out at the other door. Both the back and the front doors go into the street. Soon after, Eleanor Salmon came over for a bason of water; I asked after the deceased; she replied, Ellick had knocked him down; she went over with the water. I did not see any thing more for five or six minutes; then Salmon came over again, and said, Will, meaning the deceased, was dead. I ran directly over to the house, there was no one there but the deceased, who lay flat upon his back quite dead; I saw the wound made by the cutlass; it had gone in just under his breast; I run out at the back door, and just as I got out at the door, somebody laid hold of me behind, I turned round, and it was this Sarah Mills ; she said, what are you going to do? don't cry out till I have got my things away; I said, don't you see the man dead. I ran out, and she came into the street after me.

Q. Where was the prisoner then?

Rosmanson. I saw him go out of the house before, but I did not know what he had done then. I ran for a surgeon, I went to a gentleman who lives opposite Shadwell church; I don't know his name.

Q. Did you see any other wound than that upon his breast?

Rosmanson. Yes, a cut upon his forehead.

Cross Examination.

Q. The prisoner did not seem willing to go to sea, did he?

Rosmanson. He did before Justice Sherwood.

Q. Not afterwards?

Rosmanson. No.

Q. Did he not say, when the deceased went after him from place to place, that he would not go with him?

Rosmanson. Yes.

Q. Did not the deceased pull the prisoner out of bed at two different places?

Rosmanson. No.

Q. Did you see the deceased take the prisoner by the collar, and d - n his blood, and say, he should go with him?

Rosmanson. No, I did not.

Eleanor Salmon . I lodged about a month in the prisoner's house; I did not know the deceased. I know nothing of what passed till they came to Gibbon's; there were the prisoner, the deceased, Sarah Mills , Phoebe Rosmanson , and myself. The prisoner lay on the bed there, he slept about a quarter of an hour; there were two pots of beer, and some bread and cheese; they drank till it was out; the deceased went to awake the prisoner, and to take him on board a ship; the prisoner had made his affidavit that he should never be seen there again. The prisoner was unwilling to go that night, he wished to have his sleep out.

Q. Was he in liquor, or sober?

Salmon. He seemed vexed in his mind.

Q. Was there any quarrelling between them?

Salmon. No; Sarah Mills wanted the deceased to go; the deceased shewed the prisoner his discharge he had from the justice; Mills tore it in three parts; the deceased took up the pieces, and put it together again.

Q. That discharge was upon condition that he should go on board a ship, was it not?

Salmon. He shoved Sarah Mills on the breast; the prisoner came in and swore,

"d - n his eyes, he should not use his Sally so:" then he laid himself down again.

Q. Did he say nothing what he would do?

Salmon. No; he said,

"he would sooner go to Tyburn, than any body should use her so."

Q. Was she hurt much?

Salmon. Not at all; he only gave her a slight shove on the breast, then the prisoner laid down again; he laid still for about three minutes; the deceased still wanted him to go on board a ship; he seemed not willing to go; they went away from thence; Sarah Mills went down stairs first, the prisoner went down again, and the deceased followed after them; we went over to the prisoner's own house.

Q. Was the prisoner's wife there?

Salmon. Not at that time. We went into the lower room; the prisoner threw himself upon the bed again; the deceased said, Ellick get up and go on board a ship; you know I have given my affidavit for you to go on board a ship and you are not to be seen here any more; he would not give any answer whether he would go or no; then the deceased said to me, go down and see if any of the justice's runners are at Mr. Winn's, that is, the Black Horse, and fetch them up here; he said, he would have the prisoner carried to prison again; as soon as the prisoner heard those words he ran up to the chimney and took down a cutlass, he drew it, and said to the deceased,

"go out of my house directly." The deceased took up a quart pewter pot, and the prisoner cut him on the head with the hanger; the deceased held the pot up as if he was going to throw it at the prisoner, but he did not throw it.

Q. Did he hold it by the handle?

Salmon. Yes.

Q. Did he hold it the height of his head?

Salmon. Before he had got it so high as his head the prisoner struck him with the hanger on the left side of the head, near the temples.

Q. Did it bleed?

Salmon. I did not stop to see; the deceased then put both his hands upon the prisoner's shoulders and said, see what you have done?

Q. Was that in a friendly manner or a struggling way, or how?

Salmon. He wanted to get the cutlass from him I believe, the prisoner made a second stroke, Sarah Mills went between them to part them; she said, my dear mind what you are doing; that second stroke fell on the back of her hand, and cut it almost all the length of her hand; it bled a great deal.

Q. What did you do all the time?

Salmon. I was in the room, I did not know what to do; still the deceased had his hands upon the prisoner's shoulders, then the prisoner thrust the hanger into the deceased's left side; the deceased fell immediately upon his back, and the prisoner dropped the hanger upon the floor and ran out directly; I ran out and alarmed the people.

Q. Did the deceased die immediately?

Salmon. I did not go back to see.

Q. Did you see him after he was dead?

Salmon. No.

Q. Did you hear him speak after this happened.

Salmon. I did not hear him speak at all.

Cross Examination.

Q. Do you remember any thing of the deceased pulling the prisoner out of bed upon the floor?

Salmon. Not at all, I am sure he did not; he got up of his own accord.

Q. Do you remember any such expression as

"d - n your blood, you shall go on board a

"ship; I want money and money I will have."

Salmon. No; no such thing.

Q. Did the deceased take the quart pot to strike at him before he took the hanger?

Salmon. The prisoner took the hanger first.

John Orange . I am a weaver. I never saw the deceased before that day; I was with one Faulkner and the prisoner and the deceased at Mr. Winn's, the Black Horse, in new Gravel-Lane, in the afternoon at about three o'clock, which was about an hour and a half or two hours before the accident happened, Faulkner and I called for a pint of beer, the deceased said, make it a pot and I will join with you; that was agreed upon, and we had a pot; after that was drank the prisoner got up and struck Faulkner; soon after that the prisoner went out and the deceased with him; when the prisoner struck Faulkner the deceased said, it was a malicious thing to strike a man without provocation; the prisoner said,

"he would serve him worse if he said any more."

Q. Did he make use of any other threat ening expressions to the deceased?

Orange. No, not at all.

Q. They had not been quarrelling before, had they?

Orange. Not as I know; they came in there together from the justice's.

Q. How was Tate in point of sobriety?

Orange. I believe he had been drinking a little, but was sober enough to know what he said and did: then they went out together very agreeable. I sent after the deceased for the money for his pint of beer: not knowing him, I did not know whether he might come back again: he sent me three halfpence. I went up after that to one Downes's, in New Gravel-Lane. I had not been there above ten minutes, or a quarter of an hour, before I heard Ellick Tate had killed his brother-in law. I had staid about three quarters of an hour at the Black Horse after they went away, to drink out my beer.

Q. Was the deceased his brother-in-law?

Orange. Yes. I ran down directly after him, and asked the people which way he had taken. We found him about two hours after among some cabbages and raddishes behind Vauxhall: he was lying upon his face; we turned him upon his back, and tied his hands behind him. While I was tying him, he said,

"Jack, what have I done! I have done

"murder!" Parker said, he had done so. I said he had not, in order to get him along quietly. Then he said,

"Jack, I am sure my

"hands are bloody, wipe them for me." I said, Ellick, they are not.

Q. Did he seem to be in great agitation at that time?

Orange. Yes; we brought him to the justice.

Cross Examination.

Q. Where is this Vauxhall you speak of?

Orange. In the New Road, Whitechapel.

John Barker . I was at the taking of him. I have nothing more to say than the last witness has mentioned.

Mr. Nathaniel Walley . I am a surgeon: I was sent for to the deceased upon the 18th of September, about half after five in the afternoon. I found him to every appearance dead, and I imagined he must have been dead half an hour. Mr. Calve, a surgeon present, opened a vein before I examined further. He is not here.

Q. Did it bleed?

Walley. Very little, as is common with people soon after their death just a spirt or two. There was a wound upon the side between the fifth and sixth rib: we examined it as accurately as we could: it had entered two inches and a quarter in an oblique direction, though not into the cavity of the thorax, but superficial.

Q. Do you apprehend that wound to be the occasion of the death of the deceased?

Walley. No, I found a large wound accompanied with a fracture upon the head. The substance of the brain was wounded by the instrument: it must be some instrument very sharp.

Q. Would a cutlass have made such a sort of wound?

Walley. Yes; it went into the substance of the brain about two inches and a half.

Q. What length?

Walley. About two inches long.

Q. What was the occasion of his death?

Walley. The wounding some principal vessels in the brain by that stroke.

Q. Would that occasion an instantaneous death; or would death come on by degrees?

Walley. I have known the substance of the brain wounded where a person has lived thirty days after.

Q. I believe you distinguish between the cerebrum and the cerebellum; the cerebrum may be wounded; and the party live?

Walley. Yes.

Q. The other is instant death?

Walley. Yes.

Q. Where does the cerebellum lie?

Walley. In the front of the forehead.

Q. There was a great effusion of blood?

Walley. There had been; it oozed out at the time I came.

Q. After receiving this stroke at first, he continued struggling with him upon his legs for a minute or two, and then afterwards fell down?

Walley. I imagined the deceased to be falling.

Q. Upon the whole, you have no doubt but the wounds were the occasion of his death?

Walley. I am fully convinced within myself.

John Dixen . I am one of the people that belong to Clerkenwell Bridewell; I only prove the apprehending of the prisoner. I was along with Mr. Winn; when he took the cutlass out of the house, it appeared at that time to be very bloody all the way.

George Winn . I keep the Black Horse. The prisoner and the deceased came into my house that day they were both in liquor: the deceased insisted upon taking him on board a ship: the prisoner was much in liquor: he made a slip and fell upon some people in another box. I desired him to go home about his business: he went away directly. The deceased missed him: he had been gone about one hundred yards out of the house, when the deceased missed him and went after him: he went away without paying his reckoning; a person went after him, and brought back some halfpence. I went up to his house; I saw this cutlass lie in a closet close to the fire-side; there was some blood upon it then.

Cross Examination.

Q. Were they quiet at your house?

Winn. They drank together at the bar.

Q. Did you hear such expressions as one of the witnesses mentioned; as I will use you worse, or the like?

Winn. I was backwards and forwards; I did not hear such an expression.

Q. Has this man been frequently at your house?

Winn. He has been a tenant of mine about three years; I never saw him quarrel: the deceased kept company with and followed the prisoner's wife about.

Q. He insisted upon the prisoner's going on board a ship with him?

Winn. Yes, he said, he would never leave him till he did. The deceased was of a quarrelsome disposition.

Court. The prisoner did not live with his own wife, did he?

Winn. No, the deceased and this man's wife have been at my house together many times.

Dixen. I was present when the prisoner was taken; Paggett and I had been looking after him; coming over the fields we overtook him; he asked Paggett if we had been looking after him, we said, yes; he asked, if the man was dead; he said, yes; and you are dead I apprehend in law; he replied, if he is dead, I killed him, and I must die for it.

Prisoner's Defence:

He used me very ill; he followed me from place to place; he pulled me off the bed; he said he would make money of me on board a ship.

For the Prisoner.

Ann Gibbons . The prisoner and the deceased were in my room; there were a great many words between them upon account of the blows the deceased gave the prisoner; he made use of wilful expressions to the prisoner, he struck him twice in my own room; about three minutes before it happened, the prisoner begged him to let him have his sleep out, for he was laid down upon my bed. and the deceased pulled him off; the deceased came up into my room to avoid him. The deceased said, that he had pawned his jacket and shirt off his back, and he would have two guineas to redeem them.

Q. Was the deceased a kidnapper then?

Gibbons. I apprehend so. He said, he was to get two guineas for him.

Q. Who was there besides you, at that time?

Gibbons. Mrs. Mills.

Q. Any body else?

Gibbons. Only two girls, Eleanor Salmon and Phoebe Rosmanson .

Q. Did he make use of any oaths when he struck him?

Gibbons. He made use of a great many bad words.

Q. Do you know any thing of the prisoner?

Gibbons. I only know him by sight; he always behaved with good manners as far as I saw.

Court. Did the prisoner make use of no bad language?

Gibbons. No, he only begged him to let him alone; the worst word he said, was, pray let me take my rest, and I will go with you any where.

Q. Who are the two girls?

Gibbons. I cannot say I know much of them.

Q. What is their reputation?

Gibbons. I fancy them to be no better than they should be; their general character is to be bad people about the street.

Court. What character does Mills bear, you called her a good woman just now?

Gibbons. She is a good woman as far as ever I saw.

Q. Who did she keep company with?

Gibbons. I don't know; she has an old man that she calls her husband.

Q. Did she keep company with the prisoner or not?

Gibbons. I am not able to say.

Sarah Mills . I unlocked the door for the prisoner; the deceased caught hold of the skirt of his coat, and came in with him; the prisoner flung himself upon the bed in the kitchen; this was at the prisoner's own house; the deceased said, the time draws on, you must go down to the ship; the prisoner made no answer. I said, Bill, for Christ's sake let him have a couple of hours sleep, then he will go, for what can you do with a man in liquor; he said; Buggor my eyes, he shall go, for there is no time to make any delay, and he pulled him off the bed upon his backside upon the ground. Ellick jumped up, and took him by the hand, and said, Will, I love you well, but if you will use me so ill as this, I will suffer imprisonment. The deceased struck him in the face, and Ellick struck again; then the deceased took a quart pot off the table to strike him, but I cannot say I saw him strike him with it; I saw him lift his hand as high as his head; then after the pot was taken up by the deceased, the prisoner took the cutlass; I saw it, and I cried murder immediately; I thought it was improper to be, I went between them, I tried to prevent the mischief; I pushed my hand against the cutlass, and got cut a lit-little, but not to hurt me.

Guilty , Death .

This being Friday the prisoner immediately received sentence to be executed on the Monday following, and his body to be afterwards dissected and anatomised.

695, 696. (M) JOHN MACGUIRE and WILLIAM WINTER were indicted for that they in the king's highway, in and upon Thomas Quaintance did make an assault, putting him in corporal fear and danger of his life, and stealing from his person twenty-five shillings and nine-pence farthing in money, numbered, the property of the said Thomas , Oct. 13th . ++

Thomas Qaintance . I am a labouring man ; this day se'nnight about six o'clock in the evening, I was robbed between the four and five mile-stone on the Edgware road . I was on foot with a cart; the prisoner Winter came up and presented a pistol to me, and said, Stop this minute and deliver your money, or I will blow your brains out; then the other prisoner came up, and said to Winter, D - n you lay hold of my pistol, and I will soon see whether he has any money; he gave Winter his pistol to hold, then he (Macguire) took twenty-five shillings and nine-pence farthing out of my pocket.

Q. Was it light enough to distinguish the person of a man?

Quaintance. Yes, as plain as my mother gave me suck. I know Winter by his face; he said to me then, Go on, or I will blow your brains out, and then they left me. I saw them the next day at Sir John Fielding 's. I am positive to Winter; I recollected him immediately; the other prisoner I am not certain to.

Q. Did they take nothing but your money?

Quaintance. Nothing but my money, and the purse it was in.

William Ivers . I am a post-chaise driver; on Thursday last I drove a gentleman to the Three Cranes at Edgware; while I was there a gentleman came in a one horse chaise, he asked if I was going to London? I said I am, and he went away. I asked the hostler the meaning of it? and he told me, the gentleman was afraid of being robbed, and wanted one to keep him company; I threw out the long reins and got into the chaise myself. Just as I came to the five mile stone, a man came up to the chaise and laid hold on the horses head, and another man came up to the side of the chaise and said. Holloa, who have you got here? I said only myself.

Court. You must not mention any thing of what they took from you.

Ivers. When they left me I went on to a public-house on the road, which is kept by Mr. Errington, and told what had happened. Mr. Errington and another charged two guns, and we went back in the chaise as far as the Welch Harp, about a mile and a quarter beyond the place where I was stopped; we staid there and had some beer, and as we were returning back we saw two men on the causeway; we jumped out and took them; it was then about seven o'clock; M'Guire said, if you are going to rob me don't use me ill; the other man that was with me said, no, we don't want your money, and put him into the chaise.

Joseph Errington . I live at Killburn Wells; about a quarter after seven the last Thursday evening, Ivers stopped at my door with a chaise and said he had been robbed by two men; he described them, and said, he believed we might take them; my brother and I each took a gun and loaded them, and went back with lvers in the chaise to take them; we went as far as the Welch Harp , but could see no such men; we returned back, and when we came within a hundred yards of the place where lvers, was robbed, we saw the two prisoners on the causeway, we jumped out of the chaise; Winter was walking fast; they went after him, and I took M'Guire; he asked if I was going to rob him, and said, he hoped I would not use him ill; I told him I did not want his money.

- Wilson. I was present at the taking of the prisoners; I can only confirm the evidence of the last witness.

William Barnett . On Saturday morning the prisoners were brought before Sir. John Fielding , and Quaintance charged Winter with the robbery, and said they had two pistols when they stopped him. I did not hear the prisoners say any thing; they had no pistols when they were taken; Quaintance said, he should know the pistols again if he saw them. I went with Wilson to the place where they were taken, and as near the place as possible, I picked up one loaded pistol, and Wilson another.

M'Guire's Defence.

I am innocent of the charge.

Winter's Defence.

I never saw the man in my life; I was coming along the road about nine at night, and they stopped me.

M'Guire acquitted .

Winter guilty , Death .

697. 698 (M). JOHN M'GUIRE and WILLIAM WINTER were a second time indicted for that they in the king's highway, in and upon William Ivers , 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 William , October the 13th . ++

William Ivers . I drive post chaises ; on last Thursday evening I drove a gentleman to Edgeware , he gave me one shilling and sixpence, and sixpence for the ostler; as I was returning back, just as I came to the five mile stone, a man laid hold of the horses head, and another came up to the side of the chaise and said, Holloa, who have you got here? I said only myself; they asked what money I had? I told them only two shillings and a few halfpence, which they took from me. I asked them if they were not ashamed to rob so poor a man of such a trifle; then he who was at the chaise side asked the other if he should give it me again? he said no, keep the silver and give him the halfpence, which he did; then they went off; I went on to Erri ngton's, a public house on the road, and he and his brother charged two guns, and we went back in the chaise in pursuit of them as far as the Welch Harp , but saw nothing of them. As we were returning back we saw both of them in the causeway. I jumped out of the chaise and came up to Winter first, but did not remember him; I said, he was not the man; when I came up to M'Guire, I knew him directly; we took them to the house of Errington. M'Guire was one of the men that robbed me; I knew his voice again as soon as he spoke, and I knew his lappel coat.

Q. What sort of a night was it?

Ivers. A cloudy night, it was M'Guire who took the money from me; I don't recollect Winter, he was at the horses head, and scarce said any thing to me.

Q. From M'Guire. You said it was a cloudy night?

Ivers. Yes.

Q. How then could you know me?

Ivers. He had the same coat on he has now.

Joseph Errington . I went to take the prisoners; I put them in the chaise myself, they were brought to my house. Ivers called and told me he had been robbed about twenty minutes after seven; we went off in about five minutes, and went as far as the Welch Harp ; we saw nothing of them then, but we took them a coming back.

Q. From M'Guire. Did you find any thing upon me?

Errington. I did not search either of them; I only stroked my hands down his cloaths.

William Barnett . The prisoners were brought to Sir John Fielding 's on Saturday morning; there were no pistols found upon them; Quaintance said, each of them had a pistol; I and another man went as near as we could guess to the spot where they were taken, and found two pistols.

M'Guire's Defence

I never saw the man till he took me prisoner; I had been to see after a place; I overtook the other prisoner; I never saw him before in my life.

M'Guire guilty , Death .

Winter acquitted .

699. (M) THOMAS LEWIS was indicted for stealing a silver watch value forty shillings; and a seal value one penny ; the property of John Nicholson , September the 13th . ++

Acquitted .

700, 701. (L) ROGER WILLIAMS and JOHN LLOYD were indicted, the first for stealing eighteen callico neckcloths, value thirty shillings; fourteen pair of worsted stockings, value fifty six shillings; two pair of silk stockings, value thirteen shillings; and a pair of silk and worsted stockings, value five shillings , the property of Mr. Harris; and the other for receiving six callico neckcloths, a pair of worsted stockings, and two pair of silk stockings, being parcel of the above goods, well knowing them to have been stolen , September 29th . ++

William Harris . I am a factor in the hostery way ; on last Michaelmas day, my wife informed me she was afraid my man Roger Williams was a bad fellow; he was out at that time; when he came home I desired him to go up stairs into the garret where he lay, and bring down some stockings that were there; my wife and I went up after him, and I desired him to unlock his box, Upon opening his box I found twelve neckcloths and a pair of stockings; I believe the neckcloths to be the property of the gentlemen to whom I am a factor; I deal in things of that kind, and have a great number of them in trust; what led me to suspect he must take them out of the warehouse was, I had twelve pair of stockings of a particular sort, one of them was missing, and one pair found in the prisoner's box corresponded exactly with the eleven that were left. I believe the stockings to be mine; the prisoner first said, he bought them of a smuggler, afterwards he confessed he took them from me. He first confessed it to a Mr. Howard, while I was gone for the constable. I don't know that any promise was made to him; I gave Mr. Howard no authority to make any. When he was in the Compter I went to him, and he told me, he had carried some stockings to one John Lloyd 's; the keeper of the Compter said Lloyd had been there, and he expected he would come again: if I would give him orders he would detain him; I did, and he detained him. I went to Lloyd's house with him; he immediately bid his wife go and fetch all the things that belonged to Roger Williams . The constable went with her to College Hill, and brought a box; she delivered the key to the constable; he opened, the box, and there were ten pair of stockings and six neckcloths in it.

Elizabeth Harris . I am the prosecutor's wife; I was present at the searching of the prisoner's box. I found in it twelve neck-cloths, and eight pair of stockings: he took them out himself; they were delivered to the constable. I believe them to be the property of Messrs. Needs and Strutt; my husband sells for them; they are like what we had in the house. The prisoner was our porter; the prisoner said he bought them of a smuggler. Mr. Harris and I went down, and left Mr. Howard with him: my husband went for a constable. When we went up stairs, Mr. Howard said, he had confessed that he took them out of the warehouse. I asked him it he had? he said, Yes, I took them all out of the warehouse. When the box was first searched, Mr. Harris said, he would be as easy as he could; he would endeavour to send him for an East-India soldier.

Robert Row. I am a constable; I was sent for to take charge of the prisoner. When I went into the garret, I saw the stockings and neckcloths lying on the floor; the prisoner said, he took them all out of the warehouse. I was sent for on the 13th to take charge of Lloyd for receiving part of the goods: as soon as I came to him, he said, if I would go to his house, he would give me all the things that belonged to Roger. We went with him to his house at Lambert Hill; he there desired his wife to go and get the things that belonged to Roger. We went with her to College Hill, and there she produced a box with ten pair of stockings, and six neckcloths in it: he said, he bought one pair of stockings of him.

The stockings were produced that Lloyd said he bought.

Williams's Defence.

There were some stockings in the room; I don't know how they came in my box; somebody must have a false key, and put them in my box.

Lloyd was not put upon his defence.

Williams called five witnesses, who gave him a very good character.

Williams, guilty B .

Lloyd, acquitted .

702, 703, 704. (L.) THOMAS LOVELAND , SUSANNAH LOVELAND , and JAMES GUEST , were indicted for stealing two live cocks, value three shillings , the property of Thomas Leaveley , September 17. 1774 . ++

All three acquitted .

705. (L.) WILLIAM SMITH was indicted for stealing a man's hat, value three shillings, and nine brass weights, value seven shillings , the property of John Woolgar , September 26 . ++

John Woolgar . I am a brazier in the Minories . On the 26th of September, a little after seven in the morning, I saw the prisoner go out of my shop; I don't know what he did there; I did not see him come in; I followed him; he ran from me; I saw him drop some weights (producing them) they are my property.

Prisoner's Defence.

I did not take the weights.

Guilty .

[Whipping. See summary.]

706, 707, 708. (2d M.) WILLIAM BALDWIN , JOHN PILBEAN , and JOHN WYNN , were indicted for stealing a silk negligee and petticoat, value three pounds; a silk gown, value thirty shillings; five linen caps, value five shillings; a pair of cotton stockings, value two shillings; two pair of silk stockings, value five shillings; two white quilted petticoats, value twenty shillings; a dimity petticoat, value five shillings; a green silk petticoat, value five shillings; three linen aprons, value twelve shillings, two pair of womens' shoes, value five shillings; and a linen handkerchief, value one shilling , the property of John Henry Gentil , Oct. 8th . *

Daniel Wynelt . I am a farmer; I drive a waggon from East Grinstead to London: upon the 5th of October I had a load of charcoal to carry to London; I took up also a box and a trunk for Mrs. Gentil, who was at that time upon a visit in my neighbourhood. I put up at the three tuns at Croydon on Thursday night; there was a box and a trunk. On Friday morning about four o'clock, I discovered that one had been cut off; I saw it the night before.

Mrs. Elizabeth Gentil . I am the wife of the prosecutor; I live at No. 5. in Size-Lane; I was at East Grinstead upon a visit. On my return to London, I sent a box and a trunk by Mr. Wynch to London; I delivered them to the son, who is the agent of the father; my clothes were in the trunk.

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

Elizabeth Benfield . I have known Baldwin some time; he, and the two other prisoners, whose persons I am positive to, brought these things to me upon Sunday the 8th of October, at eight in the morning. I live in Kingsland Road; I asked them how they came by them? as I did not like the appearance; they said, two men had got them under a hedge; and that upon seeing them, the men ran away, and left the two bundles behind them; and therefore they took them up, and thought them a lawful prize. They said, they would fetch them away on Monday; all the prisoners were together; they all equally joined in the request: these things in the bundle are what they delivered to me.

(A bundle containing the things mentioned in the indictment, was produced in court, and deposed to by Mrs. Gentil.)

Mrs. Gentil. The box came safe; these things were in the trunk.

George Griffiths . Last Monday sen'night, the 9th of October, I found this trunk in a ditch in Croydon Parish.

Mrs. Gentil. I know the trunk; there is the date of the year, and the initial letters of my father's name upon it; I have the key of the trunk with me.

"The key was applied to the lock and fitted

"exactly."

Baldwin's Defence.

I was at a Mrs. Panter's house at Kensington the night this robbery happened; I went away in the morning; I had twenty shillings from her husband for some tea I had sold her.

"Pilbean and Wynn said in their defence,

"that they were both at Croydon, that they

"lodged at one Yeates's. Pilbean said, he

"was there from nine at night till seven the

"next morning. Wynn said, he was there

"from eight at night till five next morning;

"that they found the bundles; that two men

"left them in a ditch, when they came up to

"them at eleven o'clock on Sunday night.

Baldwin. I appeal to Mrs. Benfield.

Mrs. Benfield. He was with us before eight o'clock on Thursday evening: he staid all night; he never was out of our house till he went out with his wife next morning.

Baldwin, acquitted .

Pilbean, guilty .

Wynn, guilty .

Baldwin was detained to be tried for receiving the goods, well knowing them to have been stolen.

[Transportation. See summary.]

709. (2d M.) WILLIAM DAVIS was indicted for stealing a black mare, value twenty-five pounds , the property of John Boucher , May 21 . +

Acquitted .

710. (2d M.) SARAH JOHNSON was indicted for stealing two worked muslin aprons, value thirty shillings; a plain muslin apron, value five shillings; four pair of linen shirt sleeves, value six shillings; three cheque linen aprons, value three shillings; and three muslin laced caps, value fifteen shillings , the property of Margaret Coupland , spinster , October 14 . ++

Acquitted .

711. (2d M.) JOSHUA DURHAM was indicted for stealing a leaden pump, value eighteen-pence , the property of James Knight , Esq : September 30th . ++

Acquitted .

712, 713. (2d M.) ELIZABETH STURGESS and MARGARET JONES were indicted for stealing six guineas and a half guinea , the property of John Whale , Oct. 3d . +

John Whale . On Tuesday the 3d of October, about twelve at night, I met the prisoner, Jones, at the corner of Shire-Lane, just within Temple-Bar ; she pretended to know me, and asked me to treat her with a glass of wine; then Sturgess came up, and in about a minute and a half's time I felt Sturgess's hand coming out of my pocket. I said, D - n you, you have picked my pocket; upon which she dropped the money out of her hand into Jones's. I then caught hold of Jones's hand, and held them both till the watchman came up; then Jones dropped the money in the kennel. I saw it fall; I had six guineas and a half. The watchman picked up three guineas; we could not find any more. I then counted my money, and said; I missed a half guinea; upon which Sturgess stooped down, and laid down half a guinea; I saw it between her finger and thumb. I took it up, then I counted my money again, and said, I missed three guineas more. The watchman took charge of them. I believe they were not searched; for the watchman said, there was no occasion to search them, for they could swallow a guinea or two upon such an occasion.

Q. Was you sober?

Whale. I was quite sober; I spent part of the evening at Leaden-hall. It being late when this affair was over. I did not go to my lodging, but staid the rest of the night in the watch-house.

Thomas Watkins . I am a watchman in St. Dunstan's parish; at half an hour past twelve at night, I saw the prosecutor with the prisoner about three yards out of the city, in Little Shire-lane; the prosecutor charged the prisoner with robbing him. I saw three guineas picked out of the kennel, and then half a guinea; the prosecutor then counted his money, and said, he missed half a guinea; I said, that was picked up; then he counted his money again, and said, he had lost three guineas more, and that he had in all fifteen pounds. He was quite sober.

Q. to the prosecutor. Did any such familiarities pass between you as to make it possible for the money to drop out of your pocket?

Prosecutor. No; my breeches slap was unbuttoned, but the waistband was not; it was not possible it should drop out. Sturgess was pretty nimble with her fingers.

Sturgess' Defence.

I am not guilty at all; I was going through Temple Bar with the other prisoner, Jones; she asked me to drink with her; we met the prosecutor with two women in white cloaks, who were singing to him; he came up to us, and unbuttoned his breeches, and the money fell out of his pocket; he said, we should not stoop to pick it up; the watchman came by, and they picked up three guineas; then he said, he had lost half a guinea more, and he stooped, and picked that up.

Jones' Defence.

I am not guilty of the crime alledged to me; I know nothing of it; the man was very much in liquor; he fell asleep in the watch-house; we asked him to search us; he would not; he said, there was no occasion for it.

For Sturgess.

Ann Noting . I have known Sturgess from a child; she is a very honest person, I have trusted her with pounds when I was in very great business.

Both Guilty .

714. (2d M) THOMAS BURDET was indicted for that he in a certain field and open place near the king's highway, in and upon Joseph Wilkinson 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 a linen handkerchief, value, one shilling, the property of the said Joseph , Oct. 2d . +

John Wilkinson . I am a farmer , and live at Bishop Bonner's house, at Bethnal-green . Last Monday was a fortnight, as I was going across a field that leads up to my house, by myself, at about nine at night at the upper end of the field, about two or three hundred yards from my own house, I was stopped by two men, one of them was the prisoner; the other man had a pistol; the prisoner had something like a hanger. They demanded my money; I told them, I had none; they made answer, I had; the prisoner said, you have a watch then, and clapped his hand to my pocket, and took out my watch; then the other said, you have got some money somewhere, and began searching me; he searched my breeches and waistcoat, and coat pockets, and took out a linen handkerchief, and then they bid me go home, and say nothing, and they would see me in. I went home as fast as I could: I alarmed the house, and pursued them that night, but could not take them. The prisoner was taken by Justice Fielding's man a week after; I knew him by sight before, there was a moon a quarter old, it was light enough to know any body.

Q. Was it light enough to distinguish a face?

Wilkinson. O yes, I could know any body

Q. Did you ever get your watch again?

Wilkinson. No, nor handkerchief. I am very confident in my own mind he is the man; if I had any matter of doubt I would not say so. I had seen him many times before.

Q. Was you sober?

Wilkinson. Yes, as sober as I am now.

Prisoner's Defence.

I have people here with whom I was in company at the time the prosecutor says I robbed him.

For the prisoner.

James Godfrey . I am a journeyman weaver, I live at Bethnal-green; the prisoner worked with me in the picking and quilting in our way; he worked very regularly; he had worked with me a fortnight when he was taken up.

Q. Did he make no holidays in that time?

Godfrey. No, not one.

Q. Not of a Monday?

Godfrey. No. On Monday the 2d of October, the day he is charged with committing the robbery on, he was with me from between two and three in the afternoon till eight o'clock at night, in Wentworth-street, at the end of Rose-lane; he went out with me and another man who works with me, in the afternoon between two and three o'clock.

Q. Instead of working you went out together?

Godfrey. We had a little business out, we went to the other man's mother-in-law in Wentworth-street, and there we had a pot of beer; from thence we went with that man to Rag-fair to buy some things for his eldest boy, he was going to britch him; it was after seven o'clock when we came from Rag-fair; and when we came home where I parted from him, it was after eight o'clock. He lodges in Wentworth street, the corner of George-yard, at one Mr. Maynard's. We parted at the end of Rose-lane. I got home about the hour of nine. I believe my house is a mile from Rose lane.

Q. Was it full nine when you got home?

Godfrey. Yes, rather after nine. This gentleman swore before the justice that he was robbed at half after eight, and it is above a mile and a half from Rose-lane to Bishop Bonner's. This young man had no money when he came to work next morning, and had no money all the week, but what he had of me, nor hardly a shoe to his foot; I should suppose if he had stole a watch he would have made money of it.

Richard Earty . The prisoner worked with me at Godfrey's; he picked for us both. Upon the second of October he was with me and Godfrey, and my wife, at my wife's mother's all the afternoon. We went with my mother-in-law to see after some money that was owing to her by a person; I don't know his name; It is in an alley in Wellclose-square, facing the Black Horse; my mother went in, and we waited at the Black Horse for her; we drank a couple of pots of beer, and staid there till after six; then we all went back to my mother-in-law's, in Wentworth-street the prisoner and Godfrey then went away; I don't know where they parted.

Q. Do you know what time it was when you parted?

Earty. I apprehend it was about one o'clock; we carried some time in Rosemary-lane; we went there to buy some things for my eldest boy; I was going to britch him. About half an hour after we had parted at my mother-in-law's I met the prisoner in Rose-lane going home to his lodgings; I bid him good night, and saw no more of him till he came to work next morning.

Elizabeth Earty , the wife of the last witness, who was with the prisoner and her husband at Wellclose Square and Rosemary lane, confirmed her husband's evidence.

Q. to the prosecutor. You told me on your evidence that you was robbed about nine o'clock. Did you always say it was about nine?

Prosecutor. I did.

Q. A witness here says, that you said before the justice it was half after eight?

Prosecutor. I never did say so.

Q. Do you think you could swear to the person of the other man?

Prosecutor. I don't think I could. I took most notice of this man; his face struck me; it was not many minutes over or under nine o'clock; I had been with some friends upon the green; I pulled out my watch there, and it wanted a quarter of nine: I then said it was time for me to be at home, and went away. Just as I got in the fields, the church clocks began to began to strike nine: I heard several of them strike.

Q. Have you any clock in your house?

Prosecutor. Yes. I did not look at it but rung the bell, and called my men out immediately to pursue them.

Guilty , Death .

715. (M) JOHN M'CAWLE was indicted for stealing a woman's leather glove, value one penny; and one hundred and eighty guineas, the property of Robert Whitehead , in the dwelling-house of the said Robert , April 14th . ++

Acquitted .

716. (M) WILLIAM HUGHES was indicted for stealing two pair of men's shoes, value three shillings , the property of Alexander Phillips , August 11th . ++

Acquitted .

717. (M) RICHARD THOMSON was indicted for stealing a cow, value five pounds , the property of William Stapp , August 10th . *

William Stapp . I am a farmer at Newington; I have likewise a farm at Hornsey; I missed a cow on Thursday the tenth of August, at about four o'clock in the morning. I expected she was killed, though she was very forward in calf. I made enquiry after her, but I heard nothing of her till Saturday morning; then I heard there was a carcase to be sold at one Mr. Massey's in Whitechappel, which had been killed at the slaughter-house of the widow Hunt, in George-street, Spittal-fields. I went to the slaughter-house, there I saw the hyde of my cow; it was a black cow, with grissle hairs; it had a mark upon the horn, which was in part rased off.

James Massey . I am a butcher in Aldgate High-street. Upon the 12th of August the prisoner sent me the carcase of a cow to sell by commission; it was of a cow very forward in calf; the skin was off when it was brought to me; it came from the widow Hunt's slaughter-house.

Esther Hunt . I keep a slaughter-house: the prisoner came to me on the tenth of August, about three o'clock in the afternoon, and asked me to let him kill a cow at my slaughter-house. I said he might; and asked him what time he should bring it; whether he would bring it at dusk. He said no; it was very wild; that the weavers would be just done work, and it would be fine sport for the boys for three or four hours. Then I asked him what time he would bring it. He said at eleven at night, and then all would be still. I went to bed between ten and eleven, and my daughter sat up for him. I heard him come in at five in the morning. I got up at six. He had killed it, and was then taking the hide off. It was a cow very forward in calf. I did not take notice of the colour of the hide. At about four o'clock on Saturday morning, he came with a porter, a horse, two hampers, and a basket; and took away all the carcase but the hide and the feet. He took away only the offal on Friday morning. When I went to market on Saturday morning, Massey asked me if a cow had been killed at my house; and said, Mr. Stapp had lost one. I told him there had, and that the hide was at my house.

Esther Hunt the younger. The prisoner brought a cow to my mother's house about half an hour after twelve on Friday morning; it was black and grey; it was very big with calf.

Q. Is it usual to kill cows that are so big with calf?

Hunt. Not as I know.

Q. to Elizabeth Hunt the elder. Do you know whether it is usual to kill cows so big with calf?

Hunt. Not unless the teats are bad, then they do.

Q. Did you observe how the teats of this cow were?

Hunt. I did not take notice.

Q. to Elizabeth Hunt the Younger. Did the skin that Stapp owned belong to the cow that was brought by the prisoner?

Hunt. It did. The cow appeared to be very same.

Prisoner's Defence.

I was coming from the country; I met a farmer with some beasts; I helped him on. I bought the cow of him for five pounds; the farmer's name is May. There were two men present at the time; I advertised for the two men; they did appear, and promised to be here.

For the Prisoner.

Benjamine Cross. I am a butcher, and live at Shoreditch: the prisoner is a butcher: he lived with me as a servant fourteen months; there could not be a better servant for sobriety and honesty.

Q. How long ago did he leave your service?

Cross. About thirteen months; he lived with a person in the same street.

Q. Is it usual to kill cows when they are with calf?

Cross. Yes, the very day before they would calve.

Henry Hindman . I am a butcher in New Bond-street. I have known the prisoner from eight years of age. I never heard any thing against his character.

Anthony James . I am a peruke-maker; I have known the prisoner two years; I never heard any thing amiss of him.

Elizabeth Smith . I keep a public house in Westminster. I have known the prisoner all his life; he was always a very honest industrious man.

William Andrews . I am a butcher; I have known the prisoner two years; I lived with him three quarters of a year, at Mr. Sewell's in Shoreditch; he bears an exceeding good character.

John Harris . I am a surgeon; I live in Whitechappel; I have known the prisoner all his life; he has a very good character.

Guilty , Death .

718. (2d M) JAMES PIERCE was indicted for breaking and entering the dwelling house of Robert Bevan , on the 19th of September , about the hour of one in the night, and stealing a crown piece and two shillings in money numbered, the property of Unite Tower , in the dwelling-house of the said Robert Bevan , ++

Unite Tower. I live at Mr. Bevan's, in the Curtain, Moorfields . On Friday the 16th of September, between one and two in the morning, I heard a noise in the room I lie in; I got up in the bed, but could see nothing; I lay down again; I heard a noise again; I jumped up, and caught hold of the prisoner by the hand, at my trunk; he said, he was locked out; I called out to one of the boys; my master came up with a light; I found my box open, and missed a crown piece and two shillings, out of the pocket of a pair of breeches that were in it. I charged the prisoner with having it; he denied it; I found it afterwards on the bed. The prisoner had lived at the house, and was my bedfellow two or three months; he has been gone from the house a month or six weeks. I asked him how he got into the house, he said, he got over the wall, and in at the cellar window.

Charles Poulter. I am a peace officer. I was charged with the prisoner; he confessed he took the key, and unlocked the box, and took the money out.

Prisoner's Defence.

The apprentice let me in; I was told I might lie there any night if I was belated. I knocked, and the apprentice got up, and let me in; there were four other persons lay in that room besides the prosecutor. I was very drunk.

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

Guilty of stealing the money, but not guilty of the burglary . T

719. (M) EDWARD BURDOCK was indicted for committing a rape on the body of Hannah, the wife of William Atkins , August 1st . ++

Hannah Atkins . On the first of August, in the evening between eight and nine o'clock, the prisoner, who keeps a public-house in the neighbourhood, came into my room, and asked me if I had any of his pots; I told him, I had none. Finding me sitting alone, he began to be rude with me, he pulled me about, and used me in a rude manner; I endeavoured to pacify him, and then he was more rude; he locked the door, and put the key into his pocket, which so frightened me that I could not speak; then he forced me into the bed-room, which is in that room, and did with me what he intended to do.

Q. Did he force you?

Atkins. Yes.

Q. Had he carnal knowledge of your body?

Atkins. Yes.

Q. Was it against your will?

Atkins. Yes, my husband was then at a benefit club; I told him of it as soon as he came home, which was about twelve o'clock. I was not able to cry out; there was no one upon that floor, nor no one near me as I knew of.

Cross Examination.

Q. You are a married woman?

Atkins. Yes.

Q. What is your husband?

Atkins. A stone mason.

Q. What time did he go out?

Atkins. He went out to work about five in the morning; he came home before he went to his club at between seven and eight o'clock.

Q. How near does the prisoner live to you?

Atkins. About a dozen doors off on the other side of the way.

Q. You used to buy your beer of him?

Atkins. Yes.

Q. Your husband came home at half after eleven at night?

Atkins. Yes.

Q. You told him what Burdock had done to you?

Atkins. Yes.

Q. When did you leave off taking beer of Mr. Burdock?

Atkins. As soon as my husband went to take leave of him the beginning of September; the reason was, my husband owed him some money, and he desired he would have beer at his house till he had paid him.

Q. Does no one lodge on the same floor with you?

Atkins. There are four rooms on the floor; I have two; one Mrs. Hopper has the room next to me; one Mrs. Martin, a maiden body, has the other.

Q. What divides Mrs. Hopper's room from your's?

Atkins. Lath and plaister, I believe.

Q. Are you capable of hearing any thing that passes in Mrs. Hopper's room?

Atkins. No, she had not been in the house some days; I had not seen her for several days.

Q. Does any body live above you?

Atkins. Yes, there are people lodge there, but whether they were at home, I cannot tell; there are four rooms up three pair of stairs; one Martin has one room above me, and one Call as another; I don't know the names of the rest.

Q. Were any of them at home?

Atkins. I don't know.

Q. Who lodges on the one pair of stairs floor?

Atkins. I don't know.

Q. What was the prisoner's business; when he came to you; I suppose the door was shut?

Atkins. It was ajar: he asked me if I had any of his pots?

Q. What did he do to you?

Atkins. After he had pulled me about. I went to get up to go to the door, and he flew to the door and locked it: he refused to quit the room.

Q. Why did not you cry out?

Atkins. He frightened me; he came in unawares; he confined me in that manner that I was not able to speak.

Q. How, did he confine your tongue?

Atkins. I talked to him as loud as I do talk in common, while I was able.

Q. There are such a number of people in the house: here is a house four rooms upon a floor, with different occupiers almost in every room; if I had been you, I should have cried out and took the chance of their hearing.

Atkins. They are as often cut as at home; I talked as loud as I could.

Q. How long was it before he locked the door? You talked to him, reasoned with him, and argued with him in a very mild way?

Atkins. I did not reason with him at all; I endeavoured to resist.

Q. How long might it be before he locked the door?

Atkins. Six or seven minutes, I believe.

Q. Before he locked the door, had he done any thing more than put his hand into your bosom?

Atkins. No, he crouded me into the bedroom.

Q. Before or after he locked the door?

Atkins. After.

Q. You did not desire him to lock the door?

Atkins. No, he locked it, and put the key into his pocket. I asked him where the key was? as well as I was able: he said, he had it in his pocket.

Q. How was the bed-room door?

Atkins. It goes out of the other room: he took hold of me, and perfectly lifted me into the room, and threw me upon the bed.

Q. Whereabouts did he lay hold of you?

Atkins. Round my waist.

Q. Then your arms were at liberty?

Atkins. And I endeavoured all I could to resist.

Q. Then it began to be serious; did not you call out then?

Atkins. As much as I was able, I did, and desired him still to quit the place.

Q. But you did not call out to any of the neighbours?

Atkins. I was not able to call loud enough for any body to hear me then above or below; but I was very sensible there was no body there to hear me.

Q. You told your husband as soon as he came home?

Atkins. Yes, I said, Why don't you go and see what you can do with him, for I am used exceeding ill by him.

Q. Then you did not desire your husband to go to a justice of peace?

Atkins. Yes, I did immediately.

Q. What was your husband to do with Burdock?

Atkins. To tell him of his fault before he went to the justice.

Q. Why, did he not know the fault he had committed?

Atkins. It was fit my husband should go to him, and let him know that he knew it.

Court. That he might not be out of the way?

Q. Then I suppose he told Burdock his fault, and he said, he was sorry for it, and no more was to be done?

Atkins. No.

Q. What did you expect Burdock to do; to ask your pardon, I suppose?

Atkins. He must know very well it had been a great trouble to me.

Q. What was Burdock to do?

Atkins. As the law was to direct - I had nothing to do with that.

Q. As your husband and he could agree it?

Atkins. As I had a husband, I left it to him.

Q. How many times was you in Burdock's house yourself before the complaint was made to a magistrate?

Atkins. I never went any further than the door to order a pint of beer.

Q. How many times has Mr. Burdock been in your room since the 1st of August, to the time he was taken up?

Atkins. He came in twice afterwards in my husband's absence.

Q. You gave him so good encouragement, he came a second time, did he?

Atkins. There was no encouragement at all?

Q. When was it that Burdock came first into your room, after the first of August?

Atkins. About six or seven days he made it his business to come in for a pot as before, and he began to come up to me as he had done before; but I was guarded against him, and kept my door wide open.

Q. So you was guarded against him, and kept your door wide open. Do you remember his coming to some of the other lodgers?

Atkins. I never minded who came to any body in my life.

Q. Do you remember upon the 3d of August, Burdock going past your door, and though it was open, he would not come in?

Atkins. I don't know any thing of it.

Q. Did not you say upon the 3d of August to Burdock, So, now you will not speak to your old acquaintance?

Atkins. That is false. More than that he wished his hands and legs might drop off if he ever came into the house again; and swore more than that, that he never heard a woman talk and cry like me.

Q. Whether you did not in a few days after the first of August, say to Burdock,

"So now you will not call on your old acquaintance;" or words to that effect?

Atkins. I can safely take my oath I never saw him come up stairs, only when he came into my room.

Q. Look at that letter: did you ever see that before. (Shewing the witness a letter.)

Atkins. Yes, I have seen that letter to be sure.

Q. When did you first see that letter?

Atkins. The day of the month is in it I believe.

Q. Who wrote the letter?

Atkins. It was a gentleman, who said, my husband was to blame that he did not follow the law with this man.

Q. What is that gentleman's name?

Atkins. Robinson.

Q. Where does he live?

Atkins. I don't now justly; it was at the Hole in the Wall in Chancery-lane, where he happened to call upon my husband.

Q. How did he know any thing that you had been used in this manner?

Atkins. Because both my husband and I told him.

Q. You never saw him before, did you?

Atkins. I had never seen him before.

Q. What did he advise you to do?

Atkins. No farther than to send to him in that manner; but I thought it was best to go to a Justice of Peace. We did not take his advice.

Q. Do you know how that letter came into the hands of Mr. Burdock?

Atkins. It was a chairman carried it.

Q. Did not you deliver that letter to Mr. Burdock?

Atkins. No, I had another note I went to give him. I saw the chairman in the court just now that took that letter.

Court. You say, that you advised your husband next day to go to Burdock and talk with him.

Atkins. I did so.

Q. Did your husband follow your advice

Atkins. Directly, he did not.

Q. When did he go to Burdock?

Atkins. I think in about three weeks after.

Q. He did not apply to any magistrate, then till after he had told him that?

Atkins. No.

Q. Did you ever go to Burdock's after that three weeks, after he had been told of it?

Atkins. Yes, just over the cell of the door.

Q. You say that Burdock carried you in his arms into the inner room; now you knew his design then.

Atkins. Yes, and resisted all that in my power lay.

Q. You did not cry out: I think, you said you only spoke loud.

Atkins. As loud as I was able. I was very ill at the same time.

Q. After he had committed this foul deed. did you tell him that you would prosecute him?

Atkins. Yes, and told him that my husband would do it as soon as possible.

Q. Why, both of you knew he was to be hanged if he was found guilty.

Atkins. I don't know.

Q. But you told him he should be prosecuted then?

Atkins. Yes.

Counsel for the Prisoner.

You went and got a warrant to apprehend Burdock?

Atkins. Yes.

Q. When did you get that warrant?

Atkins. I think the fourth of September.

Q. What constable did you give the warrant to, to execute?

Atkins. Smallwood and Sturton.

Q. Did you go along with them to execute the warrant?

Atkins. No; but my husband did.

Q. What instructions did you give them about the warrant?

Atkins. I did not know that I had any occasion to give them any.

Q. But did you desire them to go to the house and call for a pint of beer?

Atkins. Not to my knowledge.

Q. Did you desire the constables, or either of them, to take Burdock aside and tell him the business, and if he saw him inclinable to make it up, to come to your husband and settle it, because the constables are in court?

Atkins. The last time it was, those words were mentioned, the other time no such thing was mentioned. One came and said he could not find him; that he was absconded, and likely he would send some friend to make it up. I said, I did not desire to make it up; but we would go as far as the law would go.

Q. Did not you tell one of the constables that we will get as much as we can and then let the affair drop?

Atkins. No.

Q. There was not a word then about getting what you could?

Atkins. No. I have had several people mention such a thing to me to be sure.

(To be continued.)

(The second and last of these proceedings will be published in a few days.)

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THE WHOLE PROCEEDINGS ON THE King's Commission of the Peace, Oyer and Terminer, and Gaol-Delivery FOR THE CITY of LONDON; And also the Gaol-Delivery for the COUNTY of MIDDLESEX; HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 18th, Thursday the 19th, Friday the 20th, and Saturday the 21st of OCTOBER, 1775.

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NUMBER VIII. PART II.

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THE PROCEEDINGS ON THE

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

The letter signed Robinson, addressed to Mr. Edward Burdoch . read.

August 30th, 1775.

You are desired to call upon me to-morrow at three of the clock in the afternoon, at the Robinhood Tavern Butcher Row, Temple Bar. By default an action, will be brought against you at the suit of Mr. William Atkins.

Counsel. Who is that Robinson that wrote that letter. You saw it wrote you say?

Atkins. Yes; and the man wrote it according to his own directions; he would have had my husband give him money to have brought an action, but my husband thought he had better go to a justice, and he did not take his advice.

Counsel for the Prosecutor.

How came you about Chancery Lane?

Atkins. Because my husband works at the New Six Clerks Office, and I am there almost every day since this affair happened, because I was unhappy at home.

Counsel for the Prisoner.

Then you live at the Six Clerks Office for fear of being ravished?

Atkins. It is a very sad thing to have things disturbone so.

The jury informed the court that they did not desire to have the prisoner put upon his defence.

Acquitted .

720, 721. (L) GRACE LEVI was indicted together with WILLIAM LEVI (not in custody) for forging, counterfeiting, and coining, a piece of false, seigned, and counterfeit money to the likeness of the current coin of this realm, called a sixpence, against the duty of her allegiance, against the king's peace, and against the form of the statute , September 25th . ++

Acquitted .

722, 723. (M) ROBERT JONES and WILLIAM MULLINS were indicted for stealing a silver watch, value three pounds , the property of William Pilkington , Sept. 16th . +

William Pilkington . I am a painter . On Saturday the 16th of September, I went from the pay-table into the Strand ; I was going to speak with an acquaintance at a public-house at the upper end of the Strand. The two prisoners came across the way to me, and asked me to give them a glass of gin. I went with them to the Angel and Sun, and gave them a glass of gin; then we went out together; they asked me to go with them, and they would get me a lodging; as I went along with them I felt Mullins pull my watch out of my pocket, then they both ran away. I saw no more of them till the next morning, when being informed what company Mullins belonged to, I went and saw him upon the parade. I got a warrant against him, and he was taken up. Jones was taken up the same evening, or the next morning.

Q. Was not you much in liquor?

Pilkington. I had drank a little, but I was sober enough to know perfectly what passed.

Robert Menns . I am a pawnbroker. This watch (producing it) was brought to me on Monday morning the 18th of September, by Jones, the other prisoner was with him; there was only one link of the chain to the watch; I asked where the rest of the chain was; Jones pulled the remainder out of his pocket, but it being of no value, I did not take it.

Pilkington. The watch produced is my property, I know it by the name and the number.

Jones's Defence.

Mullins and I met the prosecutor in the street, he asked us to drink with him; he was so drunk that he tumbled down in the taproom: I left him and Mullins together, as soon as we came out of the public-house. I did not see Mullins again till Monday morning; then he gave me this watch, and asked me to pawn it; I said, I would, if he would go with me; I went with him; he used to wear a watch, I thought it was his own.

Mullins' Defence.

The prosecutor was very much in liquor; he took his watch out in the public-house, and laid it on the table: he brought it out into the street in his hand; coming along, he asked me to lend him some money; I lent him five shillings, and he left the watch with me, and said, he would bring merthe money next day. and take his watch again; as he did not come on Sunday, and as I wanted money, I pawned it on Monday.

Q. to the prosecutor. Did you borrow any money of him?

Prosecutor. None at all; I had fifteen shillings in my pocket.

Both Guilty .

724. (M) WILLIAM BURNHAM was indicted for stealing four woollen cloth jackets, value four pounds; three cotton waistcoats, value thirty shillings; a pair of velveret breeches, value twenty shillings; two linen shirts, value five shillings; and three linen neckcloths, value three shillings ; the property of George Pitt , Esq ; Sept. 20th . +

Acquitted .

725. (M) ANN EMMERSON spinster , was indicted for stealing two silver table spoons, value ten shillings: and two linen table-cloths, value four shillings, the property of William Crozier and James Bell ; a linen shirt, value five shillings, the property of William Crozier , and a linen shirt , the property of James Bell , Sept. 16 , *

James Bell . I live in Coventty-street : I am a haberdasher in partnership with Mr. Crozier. The prisoner was our servant . Upon the 12th of September, she was going away from us into the hospital; we promised to take her back again if she recovered. Upon looking over the things to see if every thing was right, we missed two table-spoons; we missed no linen; we asked her over and over again if she knew any thing of these spoons; and conjured her, as she at that time was exceeding ill, to tell if she knew any thing of these spoons; she answered in the most solem manner, as she thought herself a dying woman at that time, that she knew nothing about them; she persisted in this denial two or three days. In the mean time, we sent a Mrs. Ellis backwards and forwards to her to the hospital; at last she confessed to Mrs. Ellis, that they were at such and such pawnbrokers, and there we found the two spoons.

Catharine Ellis . I am shop-woman to Messrs. Bell and Crozier; I went backwards to the hospital to this prisoner, in order to get out of her if she knew any thing of the se table-spoons. She denied them from the Tuesday to the Friday; on the Friday, on their telling her she should not come into the service again till the spoons were discovered some way or other; then in hopes of being admitted into the service again, she confessed she had disposed of them; that they were pledged at two pawnbrokers in Prince's-street; I went there, but Mr. Bell had been there before, and had taken the spoons out, as I had told him what had passed. I went to enquire if there was any thing further there; I found some linen at one of the houses, two tablecloths and a shirt, the shirt was Mr. Crozier's, the table cloths belonged to the partnership. The prisoner all along, while denying this theft, said, the things must be taken away by the draymen when they came with beer.

Eleanor Saunders . I am a mantua-maker, and an acquaintance of the prisoner's: she came to me one time, and desired me to pledge some table-spoons and shirts: she said, she wanted to make up some money; she was to make up her book, and wanted to make up a little money for that, and begged me to pawn this table-spoon and shirt for the money. As soon as the money could be raised in any other way, they were to be taken out of pawn again. I pawned part at one pawnbroker's and part at another. One lent twelve shillings on one spoon, and eight shillings upon the other. The prisoner went with me to the door; she did not go in, but only staid at the door.

John Leshman , This shirt, and these two table-spoons, (producing them) were pawned with me by the last witness; she had fourteen shillings upon the other things, and ten shillings upon the spoon; they were sent at different times.

Bell. It is a spoon we bought second-hand; it has a crest upon it (a head). As far as any man can swear to a spoon, I think it is mine.

John White . I am a servant to Mr. Parker: it formerly was Mr. Murthwaite's shop, but he has left off business. I took in this spoon and shirt (producing them); they were pledged by Saunders.

Bell. We missed two such spoons as have been produced, with a crest on them.

Ellis. I believe these to be the prosecutor's spoons. I am as positive to them as one can possibly be.

Prisoner's Defence.

I had not been in Mr. Crozier's house six weeks before he debauched me; he told me, that every thing which was in his house I might make use of: they were both in partnership, but I did not know that there was any odds. I sat up one morning till four o'clock to let Mr. Crozier in; I caught cold, and was exceeding ill. Mr. Bell kindly put me into the hospital, and he took me out as bad as he put me in, and sent me to prison. Miss Ellis came to me to enquire where the things were, and said, she would redeem them unknown to Mr. Crozier and Mr. Bell. I said, I did not want her to secrete it from Mr. Crozier, as he had given me leave to make use of his property. I wish Mr. Crozier had come here.

Guilty .

[Transportation. See summary.]

726. (M.) THOMAS NELSON was indicted for stealing eighteen linen shirts, value ten pounds; four linen table cloths, value forty shillings; and four linen sheets, value twenty shillings , the property of John Prime , July the 22d . *

Catharine Prime . I am the wife of John Prime : my husband was formerly a peruke-maker; he has been afflicted with a palsy these six years, and I have maintained him by washing. I washed the things mentioned in the indictment (repeating them) for Mr. Wilson, a grocer, in Bridge-street. The prisoner had carried linen for me several times. On the 22d of July in the morning, I delivered to him the linen mentioned in the indictment to carry home to Mr. Wilson. At nine at night, Mr. Wilson sent to me to know why I had not sent home his linen; upon that I had the prisoner taken up. When he was before the justice, he said, he sold the things to a Jew for thirty-six shillings.

Prisoner's Defence.

I did not say any such thing. I took the things to Mr. Wilson's; Mr. Wilson was in the shop; there were four or five customers there, and he was very busy. I left the linen upon a hogshead in the shop.

Guilty .

[Transportation. See summary.]

727. (M) GEORGE HARTLEY was indicted for that he in the king's highway on Thomas Koar did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a watch with a base metal case, value twenty shillings, a steel chain, value, six pence, a stone seal set in silver, value, four shillings, a watch-key value, four-pence, and four shillings in money, numbered , the property of the said Thomas Kear , September 9th . ++

Thomas Kear . Coming from Sadler's Wells on the 9th of September with a man and his wife, it being a fine moon-light night, we agreed to come over the fields; when we got near the Foundling Hospital the prisoner and another man came up to us: the prisoner put a pistol to my breast and demanded my money; the other man went to the man and his wife who were with me; the woman called out to me to draw my hanger; the other man said,

"d - n him, take the hanger from him, and cut his head off:" the prisoner demanded my watch; I told him it was worth nothing, it was one I had borrowed whilst my own was mending; he said he must have it, and took my watch and money. I am positive to the prisoner's person; the moon shone full in his face. The prisoner was taken about a fortnight after; I saw him at the Brown Bear , he was then dressed the same as when he robbed me; I knew him again the moment I saw him. I have never seen the watch since I lost it.

John Holey . I was one present at the apprehending of the prisoner. He was brought to Bow-Street; Mr. Kear attended on Wednesday at the Brown Bear : he went and looked into a back room where there were a number of people: he came back, and said, he saw the man there who had robbed him, and pointed out the prisoner.

Prisoner's Defence.

I was at New Prison: a young man came in there, who said he committed this robbery, and he wanted to be admitted an evidence about it; and there were two more came into the gaol, and wanted to speak to M. Bond about it, but Mr. Bond would not let them.

For the Prisoner.

Elizabeth Buckland . I live at No. 7. in Tooley-Street: the prisoner came to lodge at my house on the 8th of July: he was not out of my house from the 8th of July till the time he was taken up.

Q. Who lives in the house?

Buckland. No body but my husband, and the prisoner, and I.

Q. Do you know what the prisoner is?

Buckland. No.

- Hartley. I am the prisoner's mother: I have maintained him these twelve months: he has had a fever; he could not go out at the time this robbery was committed: he was so ill of a fever, he could hardly creep about.

Robert Llewin . My lord, I know nothing of the matter.

Q. from the prisoner. Did not a man tell you he was guilty of the robbery?

Llewin. No.

Thomas Lumley . I heard one Wigmore say he committed this robbery: he wanted to be admitted an evidence: he said, the prisoner was innocent.

Q. How happened it, that that man was not taken up?

Lumley. He was taken up upon and her affair.

- Bond. I live at New Prison, Clerkenwells about three weeks ago, one Wigmore was brought in: he had some conference with the prisoner; then he came to me, and said, he could make some discoveries: I told him to say nothing to me, if he had any discoveries to make, he must make them to the justice.

Q. from the jury to the prosecutor. Are you positive the prisoner at the bar is the person who robbed you?

Kear. It is possible two men may be alike: I believe, in my conscience, he is the man.

Guilty , Death .

728. (M) JAMES MAN was indicted for stealing a pair of silver shoe buckles, value ten shillings , the property of John Phillips , October the 6th . ++

John Phillips . I keep a public house in Dove Court, Lombard Street . I lost a pair of silver shoe buckles out of my bureau on the 6th of October: I found my bureau unlocked: I had seen them there two or three days before. The prisoner was painting one of my rooms: I charged a constable with him, and my buckles were found upon him.

- Blaney. I am a constable: Mr. Phillips gave me charge of the prisoner; I searched him, and found the buckles upon him.

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

Prisoner's Defence.

I fell down upon the bureau and broke the lock: some things fell out, and I put them into the bureau. I don't know that I put any of them into my pocket.

Guilty .

[Transportation. See summary.]

729, 730. (L.) GEORGE BECKWORTH and SAMUEL EDWARDS were indicted for stealing five pair of silver shoe-buckles, value forty shillings , the property of William Sharpe , September 23d . ++

Both acquitted .

731. (L.) SARAH GUY ; otherwise EDWARDS , was indicted for stealing two guineas and three pounds thirteen shillings in money, numbered , the property of John Coney , October 4th . ++

John Coney . I am a salesman in Newgate market. On the 4th of October, having set up all night, I went at about eleven o'clock into the George, in Chick-Lane, to have some bread and cheese: I met the prisoner there; we drank together: she prevailed upon me afterwards to go home with her to her lodgings; I went very reluctantly. I am sure I had the money mentioned in the indictment in my pocket when I went into the house; I missed it before I got out of the room.

Randolph Steel . I went with the prosecutor to the prisoner's lodgings; there was a pot of beer sent for: I said, I could not stay, and went away and left him there. Mr. Coney pulled out some money to pay for the beer, and I saw two guineas and some silver in his hand; he came afterwards to me, and told me he had been robbed by the prisoner. We found the prisoner afterwards in bed.

Elizabeth Edwards . In the afternoon of the day the prosecutor lost his money, the prisoner came to my lodgings, and desired my daughter would do something for her: she said, she had money to pay her; she took out two guineas and some silver; she said, she had watched the man to sleep, and then took the money out of his pocket.

The daughter of Elizabeth Edwards confirmed her mother's evidence.

Q. to the prosecutor. Did you go to sleep at the prisoner's lodgings?

Coney. I did drop asleep.

Prisoner's Defence.

The prosecutor was very drunk; I did not take any money from him. It is not likely I should have been found at my own lodgings if I had robbed him.

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

Guilty .

[Transportation. See summary.]

732. (M.) JOSEPH UNTHANK was indicted for stealing a pannel saw, value five shillings; a hand saw, value three shillings; thirteen carpenters' cranes, value thirteen shillings; and an oil-stone, value one shilling , the property of George Cawdrey , Oct. 6th . *

George Cawdrey . I am a carpenter , and live at No. 84. Aldersgate-Street: I lost the tools mentioned in the indictment (repeating them) on Wednesday the 6th of October last. I saw them on the Friday following at Mr. Bruin's, a pawnbroker's, on Snow-Hill.

"Mr. Bruin's servant deposed, that the

"prisoner offered to pledge the tools at his

"master's shop; that they suspected him, and

"they stopt both him and the tools."

(The tools were produced in court, aad deposed to by the prosecutor.)

Prisoner's Defence.

A person desired me to pawn the tools for him.

Guilty .

[Transportation. See summary.]

733. (M.) ALICE WOOTTON , otherwise HUDSON , was indicted for stealing a watch with silver cases, value forty shillings , the property of Thomas Read , October 8th . *

Thomas Read . I am a journeyman carpenter ; I live in Wild-Street. Last Sunday sen'night in the morning, the prisoner got my watch from me, between five and six o'clock: the circumstances were, I staid late at the pay-table of Mr. Cawen, who is my master: I did not get away from the pay-table till three or four in the morning: we always spend a quart of beer a piece. I was not quite drunk, nor was I quite sober; I found it so late, I did not care to knock the people up at my lodgings. I went into the Green Man in Bow-Street , which is always open at that time in the morning. I sat down to have a pint of drink: when I had been there some time, I asked the way down to the vault; they shewed me the way down. I had not been there long before the prisoner came into the vault, and immediately laid hold of me and began to use some indecencies toward me: she put her hand into my pocket where my wages was: I pushed her from me: she came again and endeavoured to attack me a second time. I pushed her off again when I had got up, and then I missed my watch, which I had not felt for before, thinking that secure, because my custom always was, and I had done so at that time, to twist my chain and key through a button-hole, that my watch might not fall out, but it was gone; I found I had been robbed. When I went up, I asked who that woman was? they told me. I went away to Sir John Fielding 's. When it was a proper time, Sir John's people knew who the woman was: they searched for her all that day, but they could not find her. Upon Friday morning I was told she lodged in Steward's Rents, Drury-Lane. I went to her landlord, one Linwood; they took him to the Brown Bear ; they searched her lodgings, but could not find the watch; they laid wait for her, they stopped her coming home, but could not find any duplicate.

Thomas Blake . I am a waiter at the Green Man, in Bow-Street: the prosecutor asked the way down to the necessary; afterwards I saw the prisoner go down stairs the same way; the way leads to no other place but to the vault: she staid there five minutes, or thereabouts, and then came up again and went out of doors. The prosecutor afterwards came up, and said, he had lost his watch, and he charged it upon this woman.

Prisoner's Defence.

I went to the house for some purl for my husband; I did not go down to the vault.

For the prisoner.

Mary Gould . The prisoner and her husband lodged with me for ten weeks; they went by the name of Miller; she bore a good character.

Guilty .

[Transportation. See summary.]

734. (M.) MARK CLARKE was indicted for breaking and entering the dwelling house of Dorothy Cashall , widow , on the 15th of September , about the hour of two in the night, and stealing a red cloth cardinal, value four shillings; a black silk cloak, value one shilling; two yards of blown lace, value one shilling; thr ee cheque linen aprons, value three shillings; a flowered lawn apron, value one shilling; two linen handkerchiefs, value one shilling; two linen shifts, value three shillings; a china enamelled snuff-box, value four shillings; and one hundred and twenty half-pence, and ninety-six farthings, the property of the said Dorothy, in her dwelling house . ++

Dorothy Cashall . I keep a public house ; the family went to bed about twelve o'clock; every thing was fast. I was alarmed about six with an account of the house being broke open. I had heard something of a noise about one, but it was a rainy and windy night; I did not therefore much attend to it: I got up about six, and found the cellar window which opens into the street had been forced. A board had been wrenched off that admitted a passage for a hand to unfasten the bolt, and the chain that fastened it on the outside; so that the bolt being wrenched off, it was practicable to get the cellar window open: it was open, and the door of the cellar which opens up into the tap-room was forced likewise; the lock hung by a single nail, and there was a hole bored into the door, so that a hand could be admitted there likewise to undo the bolt which was upon the inside. In this manner, I suppose, the thieves got into the house; that room door was not locked when I went to bed. In the tap-room there were plain marks of the thieves having been there; the till lock was forced, and a quantity of halfpence taken out of the till; there were about twenty-five or thirty shillings worth of halfpence and farthings, and the linen was taken out of the bar, and the snuff-box off a shelf in the bar. The prisoner was a neighbour's son. I heard by his father such an account as occasioned my charging him with this fact. I got this information upon the Sunday following.

Another witness. The last witness is my sister: we went to bed about the time mentioned by my sister; I fastened the cellar door; I was alarmed soon after five o'clock. I ran down and saw some splinters and chips at the bar door; the bar was broke open, and I found the cellar window which I fastened before I went to bed was likewise broke: a board was wrenched up, and the cellar window was open: the bolt of the door which is in the taproom was unbolted, and the door open.

Joseph Barber . I happened to be up very early upon Saturday the 16th. As I was going by a house in Wentworth-street, I heard of one Brown and the prisoner Clarke having brought some things into that house at a very late hour; I watched there, intending to apprehend them; I saw Brown come down, and let two men in, and go up stairs again; I followed them gently; I overheard Brown say to the two men, they had got some things; the two men looked at them, and said, they would not do for them; upon which, I burst into the room, and said, they will do for me, and I seized Clarke with one hand, and Brown with the other; there was a scuffle, and they threatened me very much, calling to one another to cut away, and they got me down, and were struggling with me in order to get the better of me; I disengaged myself; Brown ran away, and I secured Clarke; in the room I found two cardinals, two handkerchiefs, three chequed aprons, a muslin apron, and two shifts. In Clerk's coat pocket I found a white apron, and afterwards, when I had taken him to the Coach and Horses, I found a bag of half-pence in his pocket, among which is a remarkable farthing.

Hebber worth. I can swear I put that farthing in the till over night.

The prisoner's sister. My brother, the prisoner, gave me that snuff-box in New-prison after he was in custody.

All the things except the half pence were produced in court, and deposed to by the prosecutrix.

Prisoner's Defence.

I came into that house only to sleep there; the things must have been brought in whilst I was asleep. Whether Brown committed the robbery, or who, I don't know; Brown gave me the things that were found upon me; he desired me to take the halfpence for him: I did not know how he got them.

For the Prisoner.

John Adams . I know no harm of him, he was an industrious lad, and worked with his father.

The prisoner's father. My son is but just turned of eighteen years of age.

Guilty Death .

735. (M) WILLIAM WILSON was indicted for breaking and entering the dwelling-house of William Abdy on the 2d of October , about the hour of eleven in the night, and stealing a red and white linen quilt, value six shillings; five muslin neckcloths, value eight shillings? four white linen handkerchiefs, value four shillings; a striped silk handkerchief, value four pence; and twenty yards of linen cloth, value twenty-two shillings, the property of the said William, in his dwelling-house . +

William Abdy . I waked about, eleven at night, with the noise of the thieves breaking into my room; they had a candle in their hands; they broke open a large desk; they took a quilt and several other things out of my room; they went out of the room, and I heard them jump out of a front room window; I gave the alarm. When I came to examine, I found there was a square in that window broke, and the sash that used to fasten down by a nail; but the square having been broke, they could get a hand to the nail, and open it. I conclude the thieves got in that way.

John Walker . About half an hour past eleven o'clock, I heard an outcry from this house; I heard some things fall, and I found the prisoner almost under the prosecutor's window, upon his knees, hurt, as he pretended, by three men knocking him down. I found a quilt tied up in a handkerchief by him, and a hat; and an hour after I found a chissel lying in the street. The prisoner was so lame he could not walk to the watch-house; his thigh was dissected

The handkerchief and quilt found in a bundle lying by the prisoner, were produced in court, and deposed to by the prosecutor, and Isabella Wood, who know the things in the wife's lifetime, who died lately.

John Hollis . About eleven o'clock as I was going by this place, I heard something fall; I went to the place, and there I found Henry Kennell ; not far from the window I found the prisoner almost dead, and manifestly appeared to be hurt, I supposed by having fallen out of the window; the watchmen came up, and there were people on the other side of the way, but I saw nobody so near to the window as the prisoner was.

George Forrester . As I was carrying the prisoner to the watch-house, he said, if I had a pistol I would blow their brains out for leaving me.

Thomas Hutchinson . I found the chissel, there was an impression of it upon several things in the house. I understood the prisoner's thigh was dislocated.

Prisoner's Defence.

I was walking by, two men passed by me; one shoved me, and the other knocked me down, and hurt me in the manner I was found.

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

Guilty , DEATH .

Recommended by the jury to his majesty's mercy.

736. (M) ANDREW GRAY was indicted for breaking and entering the dwelling-house of Martha Cousins , widow , on the 8th of October , about the hour of two in the night, and stealing twenty-four guineas, and thirty shillings in money, numbered, the property of the said Martha, in her dwelling-house . +

Martha Cousins . I keep a public-house at Hornsey , called the Sluice-house. My house was broke open last Sunday was a se'nnight in the night. I went to bed about nine o'clock. I have two lodgers and a servant girl; they went to bed before; I saw all the house fastened; I was awaked about the dead of the night: I have no clock nor watch in the house; the first thing I saw was a man just entering my room with a cutlass in his hand; he shook it over me, and said, hush. The door was ajar.

Q. Had he any light?

Cousins. Yes, he had a candle in his hand. Then I saw another man with a mask on his face; he had a candle. They threw the bed cloaths over me, and blinded me; then I screamed a little; then I heard a voice demand the key of a chest that was opposite the door. Gentlemen, said I, the key of that chest is in that little drawer, (pointing to it) I then said, have mercy upon me, and spare my life; I then heard a voice say to me, hold your tongue, I will cut your throat if you speak a word, I said, gentlemen, I will not speak till you give me leave; then they went to the chest, and opened it, and said, there is no money here; then a voice said to me, you bitch, where are your pockets? I said, gentlemen, my pockets are under my right side, underneath my pillow, and one of them leaned over my breast, and took my pockets. If I had had a thousand pounds I should have parted with it; then I thought I heard them wrangle, but they bid me lie still, for they should be there for some time.

Q. How soon after was the house quiet?

Cousins. I heard them go up to my lodgers afterwards, but I lay still for fear.

Q. How long did they stay in the house?

Cousins. It is my opinion they staid hardly a quarter of an hour.

Q. Did you hear them go down?

Cousins. I think I heard them go down very softly. I lay in that condition about a quarter of an hour, Then I got up, and went up to the lodgers. I lost about twenty-seven pounds in gold, and about thirty shillings in silver out of my pockets; it was loose, but was in a private pocket.

Q. When you came down, what did you observe? Where did they get in?

Cousins. They got in at my kitchen window; the two bolts of the windows were untwisted, and the screws drawn; I apprehend it was done with this (producing a small crow with two teeth) which they left in my bed-chamber.

Q. What is your kitchen window, a sash or casement?

Cousins. A sash. When I came down I found it quite open, and the door was open too.

Q. How was that window fastened when you went to bed?

Cousins. With a shutter on the outside; the shutter was forced open, and the screws were drawn that were in the two bolts.

Q. In your fright had you any opportunity or power to take notice of the people?

Cousins. I had no power because they blinded me immediately.

Q. Do you any thing of the prisoner?

Cousins. By the heighth and thinness of the prisoner, I think he is the first man I saw.

Q. Did you take any notice of the colour of his coat?

Cousins. I had not time.

Q. Nor his face?

Cousins. Not to-swear to him.

Q. Did you ever recover any of your money again?

Cousins. No.

Q. Did you ever see the prisoner before?

Cousins. Not to my knowledge.

Q. When was he taken up?

Cousins. The Sunday following.

John Miller . I am a lodger in the prosecutrix's house; about the dead of the night I heard my mistress scream out; I got out of bed to go down stairs; when I had got down one stair, and went to step down the second, I met a gentleman with a lighted candle in his left hand, and a cutlass in his right hand; he desired me to walk back to my bed, and made me get into bed. I got into bed; he stood over me a few minutes; I viewed his face while he stood over me. When the prisoner was taken I was sent for and immediately knew him to be that man.

Q. How long did he stand over you?

Miller. About five minutes; then he went down, after he had been with my mistress: he came up again, to see if I was in bed; he wished me good night; he shut the door after him and went away, and I saw no more of him.

Q. You lost nothing yourself?

Miller. No.

Q. When was the prisoner taken?

Miller. Last Sunday week in the evening; I was sent for to Sir John Fielding 's; I was asked if I should know the man; I said, I should; there were a great many people in the room; they bid me go round the room and see if I could pick the man out; I did, the prisoner is the man.

Q. What did you know him by?

Miller. By his favour, and by his eye brows; he has more hair on his eyebrows than is common; he had not the coat on he has now, he had rather a redish brown coat I believe, it was as near as I can guess by candle-light. I am quite clear the prisoner is the man.

Q. He spoke to you once or twice; did you hear his voice at Sir John Fielding 's?

Miller. No, I did not hear him speak there.

John Warren . I am a lodger in the prosecutrix's house; I heard my mistress-cry out; I went to her assistance; as I was going I met a man upon the stairs, his head was about as high as my feet when I met him first, I looked down stairs, and there were two others behind him. I went back to bed and shut my door, they went by my door to the other lodger Miller.

Q. How many went to Miller?

Warren. Two, I believe; one of them came to my door and put his hanger between the door and post, but did not come in. When they came up the second time to see if Miller was a-bed they lumbered at my door; I got up and opened it; I thought if I did not they would break it open, a man came into my room with a mask over his face; he bid me cover myself up, and then went out and bid me good night; the prisoner is the man that I met at first with the candle in his hand; I took so much notice of him that I am certain he is the man; I saw him afterwards at the Brown Bear in Bow-street, Covent-garden.

Q. Did you know him then?

Warren. Yes.

Q. Did you swear to him?

Warren. We were not examined that day.

Prisoner. He would not swear to me then.

Warren. We were examined the Wednesday following, and I was called up first and swore to him. I swore he was the man to the best of my knowledge. I knew him by his favour, and by his voice after I heard him speak at Sir John Fielding 's.

Q. I thought he had not spoke to you when you saw him in the house?

Warren. No, but I heard him speak before he came up stairs; he said he would not hurt my mistress; he would not take away her life.

Joseph Hall. The prisoner, who calls himself a printer, and I were acquainted; we met upon the Sunday the fact was committed, at the Green Man in Peirpool-lane; there the prisoner proposed to me to go and break open this house, and talked of asking two or three dust-men to go with us. I did not like that, because they were strangers; then he said, he would go and get somebody he knew; we met with Hartley, and he agreed to go; we all three went to Hartley's lodgings, in an Alley between Grub-street and Moorfields, where we staid till past twelve o'clock; then we went to this house; Hartley was the principal manager; he broke the window shutter open with a chissel and crow; he lifted up the window, went in and struck a light, and then opened the door and let us in; he bid us go up stairs first, and desired Andrew Gray to stop at the woman's door whilst he went into her room. Hartley went into the woman's room, and asked h er for her pockets and the key of her chest. He got the money out of her pocket; then he blew out the candle, and said, come away, and we all went away. We got about twenty eight, or twenty nine pounds, which we shared by the light of one of the brickkilns; we went together till we came to the Alley Hartley lives in; then we parted. Gray and I went to Hatton-wall, where we lay all night. I was taken up upon the Sunday; the prisoner was dressed in brown cloaths when the fact was committed; Hartly had a crape over his face; I had a handkerchief over my head; Gray had a handkerchief or cap. I saw Andrew Gray stand over the lodger up one pair of stairs; one lodger was in the right hand room, and the other in the left. Gray bid the lodgers go into bed.

Q. Do you know any thing of this crow?

Hall. It belonged to Hartley; he left it there; I had it in my hand, and laid it down in the woman's room.

Q. Was you within the woman's room?

Hall. Yes, just within side the door.

Q. How long have you been in this course of life?

Hall. Not long.

John Dinmore . I had an information on Friday respecting this robbery: I went to the Sluce-house on Saturday, and asked the woman if she knew any thing of the persons? she said, No: she sent for Miller, who described one of them, which I thought a sufficient authority to take Hall, who I before suspected. When I had taken Hall, he informed me where I might find Gray; he said, he had left Peirpool-Lane, and I might find him somewhere in Moorfields. I told him I had reason to suspect Andrew Gray was one concerned in the robbery, because I had seen them together. Hall did not make any confession till Monday morning before the justice. Miller swore to him at the Brown Bear the moment he saw him; then the evidence gave an information where Hartley lodged; there I found a number of picklock keys, two pistols loaded very high, and a crow. I saw them together, I believe, the same Sunday morning that the robbery was committed; I know it was of a Sunday morning, and I believe it was that Sunday morning.

Q. Did you know any thing of Gray before?

Dinmore. Yes.

Q. What was he?

Dinmore. A printer, I believe; I suspected him because I had him in custody before.

Prisoner's Defence.

I am innocent of it, my Lord; I was at Oxford the day the robbery was committed. I came to town the Wednesday following; I was taken up on the next Sunday; I was at Oxford a week; I lodged at a public house opposite the printing-house. I lodged at the King's Arms, in Holborn, when I came to town, I have nobody here. I came in drunk when I was committed to Newgate the other night, and broke the windows, and they put me in the cells. I could not send for any body.

Guilty , Death .

737. (M.) JOHN SCOTT was indicted for stealing a silver watch, value forty shillings; and two seals, value two-pence , the property of Peter Pendergas . *

Acquitted .

738. (M.) THOMAS JOSLING was indicted for breaking and entering the dwelling house of James Smeaton , on the 15th of September , about the hour of eight in the night, and stealing a cloth coat, value three shillings; a bolster, value three shillings; a woollen blanket, value one shilling; and a woollen rug, value two shillings, the property of the said James, in his dwelling house . ++

Acquitted .

739. (M.) PAUL CALLOW was indicted for stealing six silver watches, value twelve pounds, and a watch, with the inside case made of metal, and the outside shagreen, value forty shillings, the property of William Trent , in his dwelling-house , September the 13th . *

Acquitted .

740. (M.) JAMES QUIN was indicted for stealing thirty-six pounds weight of lead, value four shillings and six-pence , the property of Joseph Beaumont , September the 29th .

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

Acquitted .

741, 742. (M.) PHILLIP BURGOYNE , and MARY his wife , were indicted for stealing fifty yards of worsted shag, value thirty shillings , the property of Alexander Bourke , October 2d . ++

Alexander Bourke . I am a weaver in Spital-fields . On the 2d of October, I lost a piece of worsted shag out of the room where I work. I saw it between five and six in the evening, and missed it about seven or eight; it was lying upon a chest; I was called out; it was there when I went out; I don't know who took it; I received it again from Bennett.

Joshua Bennett . There were some handbills printed to recover this shag; some days after that the prisoners came to my house, and said, they had the shag in their custody; they brought it, and asked me to conceal it till they could dispose of it. I delivered it to Mr. Mackey directly, that it might be returned to the owner. Mrs. Burgoyne told me she took it out of the house herself; and he said, that he helped carry it home. It was lost on the Monday, and brought to me on the Saturday following.

Alexander Mackey . Mr. Bennett came to me about seven in the evening, and told me the same story he has told your lordship now. We went to the prisoners house and secured them: they were in bed.

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

Philip Burgoyne 's Defence.

My wife picked it up in Whitechapel, as she told me; I desired her to carry it to Mr. Bennett's.

Q. to Bennett. Did Philip Burgoyne tell you where he got it?

Bennett. He said, his wife took it out of the house, and he took it from his wife in Whitechapel.

Mary Burgoyne's Defence.

I picked it up in Whitechapel.

Both guilty .

[Whipping. See summary.]

743. (M.) SARAH the wife of WILLIAM CLIFTON was indicted for breaking and entering the dwelling-house of Joseph Clifton , on the 20th of September, about the hour of eight in the night, and stealing a pair of linen sheets, value twelve shillings, and a woollen rug, value four shillings, the property of the said Joseph, in his dwelling-house . *

Acquitted .

744, 745, 746. (M.) CHARLES COLLIS , CHARLES PARSONS , and MARY SMITH , were indicted for stealing three guineas , the property of James Devonshire , September 22d . +

All three acquitted .

747, 748. (M.) THOMAS WILLIAMS and MARY WILLIAMS were indicted for stealing thirty-eight pieces of leather, value twenty-nine shillings; five pair of wooden shoe heels, value four-pence; a pewter cup, value two shillings; a pewter plate, value sixpence; and a brass candlestick, value one shilling , the property of Philip Simmons , September the 15th .

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

Both acquitted .

749. (M.) MARY the wife of JOHN HODGES , and ELIZABETH HAWKSWORTH , were indicted for stealing a printed callico petticoat, value twenty shillings; a quilted linen petticoat, value ten shillings; a black sattin cloak trimmed with fur, value eight shillings; and a black silk gown, value twenty shillings , the property of Jane Shappard , widow , October the 9th .

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

Both acquitted .

750. (M.) DANIEL DELAFORCE was indicted for stealing one hundred plain gold rings, value nine pounds; two brilliant diamond rings set in gold, value twenty pounds; five rose diamond rings set in gold, value five pounds; fifty stone mourning rings set in gold, value ten pounds; one hundred pair of stone sleeve-buttons set in silver, value five pounds; fifty pair of silver shoe-buckles, value twenty pounds; fifteen silver watches, value thirty pounds; two half guineas, and eight pounds nineteen shillings in money, numbered , the property of John Delaforce , Sept. 3d . ++

Acquitted .

751, 752. (M.) DANIEL DELAFORCE and ISAAC LUMLEY were indicted, for that they in the king's highway, on Mary Bignell , widow , did make an assault, putting her in corporal fear and danger of her life, and stealing from her person a pair of linen pockets, value six-pence; a silk hat, value sixpence: a linen cap, value four-pence; a silk ribbon, value one penny; four iron keys, value four-pence; a linen handkerchief, value six-pence; and six halfpence and one shilling in money, numbered, the property of the said Mary , Sept. 22d . ++

Mary Bignell . On the 22d of September last, I was ordered by the justices at the rotation, at the Curtain in Shoreditch, to Clerkenwell prison. The prisoner, Delaforce, was ordered to Newgate; Delaforce and I, and two other prisoners, came from the justices in a coach. Lumley was an officer ; he was in the coach with us. As we were coming along in the coach, Delaforce, who I had never seen before that day, wanted my money to pay for the coach. I told him I did not chuse to pay any thing; and I told him, I had no money: then Delaforce took my knife out of my pocket, and cut my gown to pieces; he cut my pockets off and took them away; he beat me all this time; there were in my pocket three pence in halfpence, a shilling, and four keys belonging to my boxes; he carried one of my pockets to Newgate with him; he twice knocked me off my seat, and he cut my eye out with my own knife; he also took my hat and cap, and a handkerchief. I cried out, Murder! but the coach never stopped till it came to Newgate. Mr. Llewin rode on the coach box; I complained to him, when the coach stopped, of the ill usuage I had received from Delaforce, and I desired Llewin to get my things from him; he got only my keys and my pocket from him.

Q. What did Lumley do all this time?

Bignell. When Delaforce was beating me, and I cried out for help, Lumley said, he might murder me for what he card; he did one time attempt to take Delaforce's hand away when he was beating me. Lumley is lame with one hand.

Robert Llewin . I am a servant to the governor of Clerkenwell prison; the prosecutor, Delaforce, and two other prisoners, were put into a coach, and Lumley was with them as a guard. I went upon the coach-box; I did not see what passed in the coach; I did hear the prosecutrix cry out in the same manner as she had done in the morning at the justice's; she had been in fits at the justice's, and had behaved very strangely. Immediately as the coach stopped at Newgate, the prosecutrix complained to me of Delaforce having beat and robbed her. I searched Delaforce, and I found a pocket in his coat pocket; and I also found three or four iron keys upon him which I delivered to the prosecutrix. Lumley had a cut upon his hand; he is as harmless a man as ever breathed.

Delaforce's Defence.

I did not cut the prosecutrix; she would not pay her share of the coach; we were both very much in liquor. I did strike her with my elbow; she fell down in fits in the coach; I did not take any thing from her.

There being no evidence to affect Lumley, he was not called upon to make his defence.

Both acquitted .

753. (2d M) JOHN NORMAN was indicted for stealing a pair of leather breeches, value five shillings; five canvas bags, value four-pence; a silver watch, value forty shillings; an iron key, value one penny; and three hundred and forty guineas, sixty-eight half-guineas, and twenty shillings, in money, numbered, the property of Caleb Neale , in the dwelling-house of John Thompson , Oct. 2d . ++

Acquitted .

754. (2d M) JOHN LONDON was indicted for that he in the king's highway on Thomas Jackson , feloniously did make an assault with intent the money of the said Thomas, to steal, against the statute , Oct. 1st . ++

Thomas Jackson . On Sunday morning the 1st of October, riding between Acton and Ealing between nine and ten o'clock, in company with Mr. Robson, the prisoner came galloping up to us; he had a handkerchief over one side of his face; he called out, Gentlemen, gentlemen; we took no notice of it, out galloped on; he came up with us again, and presented a pistol, and called out, Gentlemen, gentlemen! he said something else, but he had his handkerchief in his mouth, and we could not hear what; we kept galloping on, and he followed us a little further, and then turned back, and made towards the London road, which he was at first in; I said, I thought we could take him; as soon as I could stop my horse we turned about, and pursued him; he was then out of sight, he got through Acton town before us; we heard that he was gone the Kew-bridge road; we got sight of him when he was upon the bridge; we came almost up with him when he came to Richmond; we alarmed the town, and he rode through as fast as he could; nobody stopped him, because he cried out as well as we; we pursued him to the top of Richmond-hill; there he turned down a lane, the gate at the bottom of the lane was locked, he could not get through; he left his horse, and took to his heels across a field; we dismounted, and pursued him, and saw him throw something away in the field; he leaped over a hedge, and we after him, I laid hold of him and secured him. I am sure the prisoner is the same person that stopped us; when he stopped us we could see enough of his face to know him. We lost sight of him several times, but I am sure he is the man.

Andrew Robson . I was with Mr. Jackson when he was stopped by the prisoner; the prisoner had a handkerchief over one side of his face; we could see all his face but one cheek, which has a scar upon it. I did not take notice of his horse. I am sure the prisoner is the man.

Jackson. It was a small bay horse; a person took care of the horse while we took the prisoner to Richmond town.

John Fisher . I live at Stains in Middlesex. I lent a horse to the prisoner on Sunday the 1st of October, between seven and eight o'clock; it was a little brown bay horse, I recovered my horse again.

Prisoner's Defence.

I only called to the gentlemen to ask them the way to Ealing; I had no pistol, I had nothing in my hand but a piece of a white rail that I picked up upon the road.

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

Guilty .

[Transportation. See summary.]

755. (2d M) JOHN KNOWLES was indicted for that he in the king's highway, in and upon Robert Leigh did make an assault, putting him in corporal fear and danger of his life, and stealing from his person half a crown, and one shilling in money, numbered, the property of the said Robert , Sept. 11th . +

Robert Leigh . Upon the 11th of September, between eight and nine, I was coming to London in company with Mrs. Rosamond Redman in a post-chaise, about the five mile stone on the Edgware road . -

Q. Was it dark?

Leigh. The moon was up at that time; a man passed us on horseback very swift; as we were going up a hill, he came back to the right side of the chaise, where the lady sat; he presented a pistol, and cried out, money, money! the lady was frightened, I desired him to come round to my side and I would give him money, which he did; I gave him half a crown and a shilling; when he took the money out of my hand, he said, he had been shot; he dropped some blood in my hand, then he left us.

Q. Did you take any notice of him, or his horse?

Leigh. The left arm of his coat had been shot; it was shattered up the arm, it was open in two places. He had on a dark blue coat.

Q. Did you take any notice of the horse?

Leigh. I believe it was a little dark bay horse.

Q. Did you take notice of the person of the man?

Leigh. Not particularly; I wanted to see his face, but he would not let me. He went off towards London. He was taken in a quarter of an hour after I saw him, the same night, at a public house on the road, about a mile and a half from the place where I was robbed; he was then in the same dress; I knew him by his shattered coat, and I knew his voice as soon as I heard him speak.

Q. Then upon the whole you are satisfied the prisoner is the man?

Leigh. Perfectly so.

Q. Did you examine his arm to see if it was wounded, after he was taken?

Leigh. No, here is a man, I believe, did; he was bloody.

John Cousins . I live at Kilburn, on the Edgware road. I was at Edgware on the 11th of September, about some business; I returned at at eight at night, on horse-back. Going up the hill, I overtook Mr. Harrison and Mr. Mascal, in a chaise, and Mr. Norton, on horse-back; they said, they had been robbed by a highwayman, and that they had shot him: as we were riding together, and talking of the affair, there came a man galloping along the road very fast towards London; they said, that was the man that robbed them; I immediately pursued him, when he came near my house, his horse fell, and threw him; I jumped off my mare, and laid hold of him; the first thing he said, I think, was,

"Are you the man that shot me?" I said, no, he wanted to see the man that shot him; I and Mr. Norton took him to the first public house, and Mr. Mascal and Mr. - came up, and said, that was the man that robbed them. There was a piece out of his coat and shirt; he was much shot in the left arm, face, and hand; I believe both hands were shot. There was in his pocket a guinea, a half-crown, a six-pence, and five penny-worth of half-pence; there was blood on the half-crown, (it is produced in court.)

Prisoner. The half crown may well be bloody, for it was put into my hand after it was taken out of my pocket.

Cousins. It was never in his hand after it came out of his pocket.

Rosamond Redman . I was with Mr. Leigh when the chaise was stopped by a man; he came to my side of the chaise, and called out money money four or five times. He presented a pistol; I was very much frightened. Mr. Leigh desired him to come round to him; he went round, and I saw Mr. Leigh give him something, but could not see what. He had on a dark blue coat: I took notice that he had been shot. I believe he stopped about a minute after Mr. Leigh had given him the money, and said, Oh, I have been shot, and then rode away. I saw him afterwards at the house where he was taken. I am sure he is the man that robbed us.

Prisoner's Defence.

I have been employed in stables all my life; I lived with Sir James Lowther last; I had not been out of place above a month; I was coming along, and two persons stopped Mr. Morse; he shot at them, and unfortunately missed them and shot me.

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

Guilty , Death .

756, 757. (2d M.) JOHN SKITCHEN and SAMUEL JEFFERYS were indicted for stealing twenty two shillings and sixpence in money, numbered the property of Isaac Gristock , privately from his person September the 20th . *

Both acquitted .

758, 759. (2d M.) EDWARD RYAN and MATTHEW LAFEY were indicted for stealing a band box, value sixpence; twelve pieces of black silk lace, value forty pounds; and five pieces of white silk lace, value twenty four pounds; the property of John Brown , in his dwelling house September 9th . *

Both acquitted .

760. (2d M.) ANN PERRY was indicted for stealing a yellow canvas purse, value one penny; four guineas, and twenty four shillings and six pence in money, numbered the property of David Cutler , October 15th . *

Acquitted .

761. (M) ELIZABETH BURNHAM was indicted for stealing a cotton gown, value twelve shillings , the property of Thomas , September 14th . ++

Acquitted .

762. (M) MARY SMITH was indicted for stealing a silver watch, value forty shillings , the property of Jacob Thomas , September the 14th . ++

Jacob Thomas . I am an upholder ; I live in Titchfield street. On the fourth of September, about seven in the evening, I met John Watkins , an acquaintance, in St. Giles's , and we went into a public house for some gin. While we were drinking it the prisoner and another girl came in, and asked us to treat them; we made no objection; we came out of the house together; Smith laid hold of me, and the other girl laid hold of him. We went into another public house, and went into a private room. As soon as we were in the room Watkins and the other woman went out, and the prisoner wanted to have to do with me. I refused; she insisted upon it. I pulled my watch out to see what it was o'clock, and she snatched it from me and opened the outside case, and tried to open the inside, but could not. I went to take it from her, and she cried out, bloody murder, and the other girl came in to her assistance. I secured this girl; the other got off: she was searched, but the watch was gone.

John Watkins . I met the prisoner in St. Giles's, and we went into a public house to have some gin, and the prisoner and another girl came in, and asked us to treat them. We came away together; the prisoner laid hold of him, and the other girl of me. We went into another public house to have some more gin: we went into a room together; the prisoner would not let me stay in the room with him, upon which the other woman and I went out, and I went away.

Prisoner's Defence.

I never saw any thing of the watch. I have known him a great while. I never knew him have a watch.

Guilty .

[Transportation. See summary.]

763. (2d M.) JOHN ROWLEY was indicted for stealing two stuff gowns, value eight shillings and six-pence; a cloath coat, value twenty five shillings; two pair of worsted stockings, value two shillings; and a silk and worsted handkerchief, value one shilling , the property of Andrew Dansier , September 19th . ++

Andrew Dansier . The prisoner came to my house upon the night of the nineteenth of September; he begged a lodging: he left the house about a quarter after nine. There was a person sick in the house who called me up: I and my wife went up stairs, and left the prisoner at supper; and left a little girl, who was in a concealed bed in the room unknown to the prisoner. When we came down, all these things charged to be taken in the indictment were found missing; they were there when we went up stairs, and the prisoner was gone.

Mrs. Dansier confirmed her husband's evidence, and said, she came down for a candle, the prisoner was then there. That when they came down at last, all the things mentioned in the indictment were gone, and the prisoner was gone. That when she went up stairs the handkerchief was pined to the gown. That the prisoner came to lodge there that night.

Margaret Matthews . I am neice to the prosecutor; I was in a concealed bed in the house; I remember the prisoner being there. While my uncle and aunt were up stairs I saw the prisoner look about the room; then he took a hat, and after that replaced it. I remember my aunt's coming down for a candle; then the prisoner put his hat upon his head, and sat at the table; but as soon as my aunt went up stairs again, the prisoner then took the things mentioned in the indictment; and as to the gown, he folded it up three times; and when he had wrapped the things up, he went out of the door with them. I am positive the prisoner is the man.

Prosecutor. I knew the prisoner before, and it was upon the score of some little acquaintance I had with him, that I invited him to lodge at my house that night.

Prisoner's Defence.

I was at another place at this time.

For the Prisoner.

William Williams . The prisoner came into my house at seven o'clock, and did not depart till ten the night this robbery is alledged to be committed.

Guilty .

[Transportation. See summary.]

764. (2d M.) GEORGE CRAWFORD was indicted for stealing a woollen cloth cushion, value ten shillings; a yard and a half of woollen cloth, value eleven shillings; four pieces of red bazzel serge, value six shillings; a black silk cloak, value two shillings; and a linnen sheet, value one shilling , the property of John Burn , September 25th . +

Mary Burn . I am the wife of John Burn ; the things mentioned in the indictment were missed out of the work room, on the twenty fifth of September. I don't know any thing of the prisoner. I don't know who took the things.

Thomas Brown . I am servant to Mr. Lane, a pawn-broker, in Drury-lane. The prisoner pledged some woollen cloth with me on the twenty seventh of September, which answers to the description of Mr. Burn's cloth (producing it). I stopped the prisoner, and the cloth.

William Woodrow . The same three pieces of cloth were offered to me by the prisoner on the twenty seventh of September; they appeared to me to answer the description of the pieces of cloth lost by Mr. Burn.

Mrs. Burn. I cannot swear positively to the cloth, but the pieces that were lost were such as these; the colour and sort of cloth correspond with that which we lost: one of the pieces had been finished for a cushion, and one of the pieces produced has the appearance of having been once finished:

William Samuel . I delivered the cloth to Mrs. Burn to be worked up; and one of the pieces now produced, answers to one of the pieces I delivered, only there has been half an inch cut off all round.

Robert How . The pieces of cloth answers to the measure of the cloth delivered to Mrs. Burn. I can swear to one piece of the cloth, which has my mark upon it.

Prisoner's Defence.

I did offer the cloth to Mr. Woodrow, then went to Mr. Brown who stopped me. I bought it of a Jew in Moorfields; he offered it me to sale; the cheapness of it induced me buy it. I bought it to make a waistcoat.

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

765, 766, 767. (M.) ELISHA BASSET , CHARLES JOHNSON , and JOHN HALL , were indicted for stealing six cotton handkerchiefs, value six shillings; and six linen shirts, value fourteen shillings , the property of William Sweeting , Sept. 16th . *

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

William Sweeting . I am a linen-draper at Bow . Upon Saturday, the 16th of September, when I was in an inner room, my sister called to me, and said, there was a little boy gone out of the shop with something in his hand; she said, he had on a brown coat and round hat. I was shifting myself. I went in pursuit of him as soon as I could get my cloaths on; a neighbour who keeps a public-house, informed me there had been such a boy at his house with two men, but he did not know which way they were gone. I pursued them towards Stepney; I met one of the men and the boy coming towards Bow; I did not suspect them because they were coming that way. I passed them, and heard them say something about shirts, that made me look at them; but seeing nothing in their hands, I thought they were not the persons, and went on. When I came further in the field, I saw Johnson lying in the grass at the further end of the field: it being wet weather, I thought he could not lie down to rest himself, but that there must be some bad design: in the mean time some of my neighbours called out to me, they had seized Hall, and were pursuing Basset, who was coming towards me. I stopped him, and he begged of me to let him pass: he said, he had done nothing, but was pursued son taking blackberries. I said, if that was all he had done, I would take care he should not be hurt for that I went forwards and took Johnson likewise; my neighbours then came up, and some of them searching about found a blue apron near the place where Johnson lay at, with my things in it. I said, if they were my things, they were six shirts and six handkerchiefs; it was opened, and the things were found in it. I charged a constable with them, and took the boy to my house, and my sister knew him directly. I took them before the magistrates at Whitechapel, who committed them.

Ann Dunton . I am sister-in-law to Mr. Sweeting; Basset came into the shop on the 16th of last month of an errand. I saw him again soon after go out of the shop with something under his arm; that was a little after one o'clock. I was coming into the shop; I saw no one in the shop but him. When he was in the shop before, I observed he had a blue apron tied round him (a blue apron shewn her). It was like that: he came the first time and asked for a pennyworth of twist. I did not serve him with any. When I saw him go out with something under his arm, I looked in the window and missed six shirts and six handkerchiefs that were lying there. I called to Mr. Sweeting to go after the boy; he was then dressing himself, and could not go after him immediately, but followed him in a few minutes; he was afterwards brought back; I knew him again directly; I am sure the prisoner Basset is the boy. The goods were brought back; I am sure they were the same I laid in the window in the morning; they were tied up in the same form when they were brought back. I saw nobody but Basset in the shop.

William Mason . I am fifteen years of age; my father keeps the Black Swan at Bow.

Q. Do you know the nature of an oath?

Mason. Yes; it is to speak the truth. I was present when Johnson was taken in a field just by our house; he was lying on the ground, A gentleman that was with me, who took him, desired me to jump over the hedge to see if I could find any thing there; I found some things in a blue apron (looks at the blue apron) this is the apron the things were in. A lad that was with me opened the bundle; there were six shirts and six handkerchiefs in it. I believe these to be the same.

Basset's Defence.

I never was near the shop.

The other two prisoners were not put upon their defence.

Basset, guilty .

The other two acquitted .

[Transportation. See summary.]

768. (L.) JOSEPH HACKNEY was indicted for stealing forty pounds weight of cable rope, value ten shillings , the property of John Banes , Thomas Wood , Isaac Estridge , and Spencer Wood , September the 27th . ++

- Millier. Messrs. Banes, Wood, and Estridge, are partners in the coal trade . I am servant to Mr. Banes; I saw the prisoner taking the ropes, and took him in the fact. On the 27th of September, between twelve and one at night, I saw him cut the cable off the craft; it was fastened to one of the pillars of Black-friar's Bridge; he unreved it through the rings, and cast it into a second barge; then he cut the headfast of that barge, and cast it into a third barge; then he curled it up and cast it in a fourth barge. We make them fast to one another; they all belonged to Mr. Banes and Co. I went down the stairs into the barge to him, and secured him immediately, and took him to Bridewell.

William Emery . I saw the prisoner cut the barges headfasts, and remove them out of one barge to another till he came to the fourth.

Prisoner's Defence.

I was unloading a boat of garden-stuff for Fleet-market; I went to the head of this boat to ease myself; I did not cut the ropes.

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

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

769. (L.) MARY WALLACE was indicted for stealing two pewter pots, value two shillings , the property of Thomas Ploughman , October the 17th . ++

Thomas Ploughman . I keep a public-house in Bell-Alley, Coleman-street; I know nothing of the fact.

Matthew Cavendish . I am servant to Mr. Ploughman; I was informed a woman had stole two of my master's pots; I pursued her and took her in Throgmorton-Street with the pots in her apron. I brought her back to my master.

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

Alexander Melvil . I am a constable; I was called upon to take charge of the prisoner and the pots. I asked her who she sold the metal to? she said, they were the first she ever stole.

Prisoner's Defence.

I picked them up in the street. I did not steal them.

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

770, 771, 772. (L.) JAMES ANSON , otherwise HARRISON , ARTHUR KING , and MARY FISHER , were indicted for stealing a man's hat, value ten shillings, and seven guineas in money, numbered, the property of James Campbell , privately from his person . October the 15th . ++

All three acquitted .

773, 774. (M.) RICHARD HAWKINS and ELIZABETH TURNER were indicted for stealing three guineas , the property of William Devonshire , Sept. 22d . *

William Devonshire . I live at Cobham; I am a coachman . Upon the 22d of September, about nine at night, I was picked up in Whitechapel by two women; one was the prisoner Turner. We went to Mrs. Kelly's, who lives in a place called Irish Court, Whitechapel : they asked me to give them something to drink. I gave them a shilling's worth of rasbery. There were no chairs in the room, so I sat down upon the bed with the two women: while I was upon the bed with them in this manner, Turner picked my pocket of three guineas, which were loose in my pocket. I felt her while she was about it, and immediately missed the money. I was perfectly sober; I insisted upon having my money again. The women and I had a great struggle; I kept hold of them, and would not let them go; upon which they called out for assistance: then two lusty women came up, and soon after came up the prisoner Hawkins; Hawkins swore a great oath at me, and asked me what business I had with his wife, and struck me a violent blow; this was about five minutes after the woman came up. When my pocket was first picked, they put out the candle, and then Hawkins ran off, and they all left the room, and I went down stairs but could find nobody. I was resolved to know the house again, therefore I unscrewed the knocker, and laid it down at the door, that I might know the house again. I went away to the constable, and he took his lanthorn with him, and came to the house with me that had the knocker unscrewed, and laying down at the bottom of the door; by that means I found out the house, and he took all the people that were there, into custody.

Ann Hall. I am one of the woman that were in company with the prosecutor; Turner and I were in Whitechapel together; we went with the prosecutor to Irish-court; we sat upon the bed for want of chairs; while we were there, the prisoner Turner picked the the prosecutor's pocket of some money, as he said, three guineas; he immediately perceived her, and stopped her and me, upon which Turner called for assistance, and then two women came up, and Hawkins immediately after; Hawkins said, what business have you with my wife.

Q. Did this woman pass for his wife?

Hall. No, only he chose to call her so at that particular time. When I went down, I saw Turner give Mrs. Kelly three guineas, and said, here is all I have got, and all I have; Hawkins immediately went off.

Edward Rayner . I am headborough of Whitechapel. Upon the 22d of September, the prosecutor came to my house, and said, he had been robbed; I perceived he had had a violent blow upon his forehead. Kelly's is a notorious house in that neighbourhood; he told me the same story he has told now; I know Hawkins pretty well; he had the reputation of being a person concerned in that house, a kind of bully; he had been in my house just before this accident happened; he was called out from my house in a hurry; I went to the house, and took up all the people I found there; but the prosecutor said, none of the women I found there were concerned in robbing him; but as soon as I found Turner, he has the reputation of being concerned in this house; when at this house in the morning I wanted to take up another, and said, he hoped I would be favourable to him: I said, I had nothing to do to be favourable to one or another, it was my business to execute my duty; he took out a guinea, and said, he had that guinea only, and he would make up another guinea.

Hawkins's Defence.

I know nothing of this matter. Hearing a noise, being in the house, I went up to see what was the matter; the candle was blown out. I am innocent of the business.

Turner's Defence.

I was not in the room.

Hawkins called several witnesses who gave him a good character.

Both Guilty .

[Transportation. See summary.]

775, 776. (M) WILLIAM ARCHER and CHARLES READING were indicted for breaking and entering the dwelling-house of Dame Sarah Mostyn , widow , upon the 4th of October , about the hour of twelve in the night, and stealing a black silk sacque and coat, value three pounds; a white sattin quilted petticoat, value twenty shillings; a yard of black silk, value five shillings; thirty-one nutmegs, value two shillings; two pair of point lace ruffles, value forty shillings; eighty yards of thread lace, value fifteen pounds; two black laced handkerchiefs, value thirty shillings: two gold medals, value eight pounds; a silver medal, value six shillings; a French shilling, value ten-pence; five silver pennies, value five-pence; a gold tissue pocket-book, value one shilling; and two silver tea-spouts belonging to two tea-pots; value two shillings, the property of the said Dame Sarah Mostyn . A white sattin quilted petticoat, value twenty shillings; a green spotted silk sacque and coat, value three pounds; a red striped silk sacque and coat, value five pounds; a gold tissue sacque and coat, value ten pounds; a yard and quarter of blue striped silk, value four shillings; five yards and a half of red striped silk, value fifty shillings; two yards of green spotted silk, value twelve shillings; four pair of white silk stockings, value ten shillings; four lawn handkerchiefs, value ten shillings; a silver dressing box, value four pounds; a pair of fine lace ruffles, value three pounds; two black laced handkerchiefs, value five shillings, and one agate snuff-box, value three pounds, the property of Ann Mostyn , spinster . A green silk brocaded sacque and coat, value four pounds; one crimson sacque and coat, trimmed with blond lace, value ten pounds; a gold and silver tissue sacque and coat, value fifteen pounds; a black laced silk cloak, value twenty shillings; six yards and a half of crimson silk, value three pounds; a silver dressing box, value four pounds; two pair of gauze ruffles, value twenty shillings; a pair of lace ruffles, value three pounds; and two black laced handkerchiefs, value five shillings, the property of Frances Mostyn , spinster , in the dwelling-house of the said Dame Sarah Mostyn , widow.

William Cooper . I am nephew to Mr. Morgan, a plaisterer, who lives near Lady Mostyn's house; we had care of the house while Lady Mostyn was out of town. Upon the 4th of October, I got up at six o'clock in the morning; while I was waiting at the door, Lady Mostyn's door opened, and Archer came out with a basket upon his head; Reading came out after him; I pursued Archer, and took him in Swallow-street, about two hundred yards from Lady Mostyn's house, which is in Hanover-street, Hanover-square . My brother pursued Redding, and secured him. After we had took them, we brought them back to my uncle's door, and informed him what had happened; we sent for a constable, he searched the prisoners; out of Reading's pocket he took a dark lanthorn, matches, a flint, and a couple of knives. Mr. Clarke examined the basket; the things mentioned in the indictment were taken out of the basket. It was tied up with a cloth over it; we took them before the justices at the rotation in Litchfield-Street; both the prisoners were examined. There they were asked what they had to say in their defence? Archer said, they had little to say; Redding said, he never was in the house, but a dark lantern was found upon him.

Q. How long after was Redding taken?

Cooper. Directly too.

Q. What time in the morning was it?

Cooper. I believe the clock had not struck six; they were taken in five minutes after they came out of the house.

Q. from Archer. Whether you saw me come from the door, or out of the house?

Cooper. I saw Archer come out and shut the door; there were a couple of pieces of cork lay at the door.

Thomas Cooper . I am brother to William Cooper , the last witness: he told me, upon the 4th of October, two men came out of Lady Mostyn's house; he asked me, if any body lay there? I told him no. He said, if I would stop one, he would stop the other. I went down as far as Maddock's Street: I took Redding: he had a dark lantern and matches. I saw them taken from him at the watch-house.

Q. Did you see Archer brought to the watch-house?

Cooper. Yes; I saw the basket and the things taken out of it.

Elizabeth Wakeman . The two prisoners were apprehended upon Thursday morning. I was in the house in the afternoon before the robbery: at about four o'clock every thing was safe; then I double-locked the door when I came out, and hung the key up at Mr. Morgan's.

Mr. Morgan. I live opposite to Lady Mostyn's; I had the care of the house.

Q. Who did you entrust to fasten up the house?

Morgan. Elizabeth Wakeman , my servant maid: she always used to bring the key into our house.

Q. Who had you in your house?

Morgan. My wife, two servant maids, and my nephews. I don't know where the key was used to be kept.

Q. to Wakeman. Where did you put the key?

Wakeman. I hung it upon a nail at the staircase window,

Samuel Elliot . I am a constable, and live very near the watch-house: I was called out of bed a few minutes before six o'clock, by one of our watchmen. I went directly to the watch-house, and there I found the two prisoners; I locked up the things that are here produced, which were found upon them; they were sealed up by Mr. Morgan, Mr. Clarke, and myself. The basket was brought in by William Cooper , as I understood.

William Cooper again. I took it upon Archer. Mr. Clarke, the constable of the night, came soon after; I desired he would attend to the goods in the basket. I sat down and opened it; it contained the goods here produced. I took Archer to justice Mercer first to be examined; he wished to be an evidence. Justice Mercer did not choose to admit him: then I brought him back, and kept them in custody till the afternoon, when I took them to the rotation office in Titchfield-Street, before Mr. Mercer, and several other justices, and took the goods contained in the basket there.

Court. Don't mention any thing he said, when under the expectation of being admitted an evidence.

Cooper. I went to Lady Mostyn's house afterwards and searched it, and found the locks broke: the lock of the street door did not appear the least damaged. We found these picklocks of different sizes, and a tinder-box (producing them). I went up stairs and found a quantity of wearing apparel, and a great deal of table-linen strewed all over the house from the first floor up to the garret. I went into the rooms, and found every lock, I believe, broke open; I don't know that one lock escaped. Some clothes presses which they could not break open, the backs of the woodwork was broke all round, and they had eased themselves in both these rooms. I found these two tea-pots in the kitchen, and the two silver spouts which were found in the basket to fit them exactly.

Catharine Morris . I am servant to Lady Mostyn; I have lived with her ladyship eight years next Christmas.

Q. You are well acquainted with her ladyship's wearing apparel?

Morris. Yes. Miss Ann Mostyn is the eldest daughter; Miss Frances is the youngest: they are both daughters of Lady Mostyn, and lived with my lady.

(The things found in the basket were produced in court, and deposed to by her particularly; several gowns, the stomachers of which were left in the house, which were produced; two silver boxes, and the two tea pots, the spouts of which were found in the basket.)

I locked the tea-pots up in a little cupboard in the kitchen; that cupboard door was broke open, and the pots were left.

Archer's Defence.

I acknowledge their taking the basket from me; I found it with the things in the entry; the door was open as I went by in the morning.

Redding's Defence.

Archer came and called me up a little after five in the morning, to take a walk with him. I got up, and as we were going by Lady Mostyn's door, we saw the door open; we went in and found the basket in the passage; he took it up; there was a dark lantern in the basket; he brought out the basket, and I pulled to the door: the dark lantern dropped out of the basket. I took it up and put it in my pocket.

Both guilty , Death .

777. (M.) ANDREW BLAIR was indicted for stealing a cloth great coat, value forty shillings , the property of Charles Orby Hunter , Esq : October 14th . ++

William Elwood . I am coachman to Mr. Hunter. Upon the fourteenth of October I lost my coat from the coach-box, or out of the stable, I cannot say which. The coach stood in the coach-house. I heard of the prisoner being taken with it, before I missed it. I saw the prisoner and the coat at the Rotation-office. I saw the coat after three in the afternoon; the prisoner was taken with it before eight.

The coat was produced in court, and deposed to by Elwood.

Charles Aldus . I am a pawnbroker. The prisoner brought this coat to our shop on the fourth of October, to pawn. He had it on. I suspected it could not be his own, because he had no waistcoat on. I asked, how he came by it: he said, he bought it at Mitcham, in Surry, for two guineas and a half. Not being satisfied with this account, I took him to the Rotation-office, before the justices; he said, he took it off a coach-box, and described where, in consequence of which Elwood was sent for.

Prisoner's Defence.

As I was going down Green-street, I saw this coat lying on the ground; I took it to the pawnbrokers, and he took me before the justices: they asked me, where I got it: I told them I found it on the side of the street: they sent a man to enquire if they could find any body to own it, and they brought this man.

Elwood. He confessed before the justices that he took it from the coach-box.

Guilty .

[Transportation. See summary.]

778, 779, 780, 781, 782. (L) JOHN SMITH otherwise DOUGHTON , LEVI SOLOMON , AARON SPENCER , RICHARD SELL , and JOHN HARLEY were indicted for stealing thirty nine bundles of brass pins, weighing eighty lb. value eight pounds , the property of Richard Dumford , Simon Bratty , and Henry Deal , Oct. 11th . ++

Thomas Richards . I am servant to Messrs. Dumford, Bratty, and Deal, who are pin makers . On the eleventh of October we had occasion to send three boxes of pins to Tooley-street; they were put in a cart by our porter; there was one of them afterwards missing. I only prove the property.

Edward Davis . I am porter to Messrs. Dumford and Co. On the eleventh of this month I packed up one of the boxes of pins to go to Horsley's-wharf, in Tooley-street. I put in three bundles of pins; it was put in a cart with two others; the others were much larger than that; they weighed about two hundred lb. each, this about eighty lb.

Robert Maxfield . I helped to put the boxes into the cart: the carman and I went into the shop, to get directions where they were to go to; during which time, we suppose, the box was taken; we did not miss it till we came to the wharf.

John Hewson , the carman, confirmed the evidence of the last witness.

Thomas Bull . I am a constable. Last Wednesday week I had an information that some thieves were gone down Gravel-lane with a box, to the house of Aaron Spencer . There was another constable in my shop; we sent for another constable, and went to Spencer's. There we found a box of pins broke open: we asked Spencer who brought it there; he said, he did not know: that he was just come in. This was about seven in the evening; the pins were lost about six the same evening.

Thomas Wethers . I am a constable. I went with Bull to take the prisoners: we found the pins, some on the table, and some on the ground. The prisoners were all in the room together.

Lyon, a constable, who went with Bull and Wethers, and confirmed their evidence.

Smith's Defence.

As I was going down Gravel-lane, about six in the evening, a woman at a window called to me. I went into the house. I had not been in above a minute or two, before the constables came and took me.

Solomon's Defence.

When the constables came in, Spencer said, he did not know who brought the boxes.

Spencer's Defence.

I was at the Cutler's arms in Woolpack alley, I went home; my wife was gone to buy a candle, and had left the door open; when I went in, I found the box of pins, and some men in my room, I desired them to take it away, and the constable came in and took us.

Sell's Defence.

I met with Harley, and asked him to go and drink; as we were going down Gravel-lane, we heard some music in this house; I told him, I knew a young woman that used to live there, and we went in; not finding her, we were going out, the constables met us, and would not let us.

Harley's Defence.

I went into this house with Sell to enquire for a young woman, and the constable came and took us.

For Spencer.

Rachel Abrahams . I am servant to Spencer: My master was out when the box was brought into the house. I was up stairs. I heard a great noise below. As I was coming down, I heard my master come in and cry, hollow, hollow, what are you doing here? take it away. The words were not out of his mouth before the constables came in.

Barnard Levy . I have known Spencer six or seven years; I live opposite to him. On Wednesday week at night, I saw his spouse go out to the chandler's shop; before she returned, I saw some men carry a box into the house. I saw him come home a little after six o'clock by himself.

He called two other witnesses, who gave him a good character.

All Five Guilty , T

783. (L) SARAH GRIFFITH was indicted for obtaining from the parish of St. Dianis, Bath Church, a guinea; by the name of Elizabeth Andrews , widow.

No Evidence was given.

Acquitted .

784, 785. (M) THOMAS AUSTIN and JOSEPH DAVENPORT were indicted for a conspiracy .

Both Acquitted .

786. (M) THOMAS TAYLOR , the younger , was indicted for that he having in his possession on the twenty-fifth of May last, at St. Paul's Covent-garden , a bill of exchange, bearing date the eleventh of May 1775, under the hand of John Boult : whereby he, for the governor and company of the bank of England, at seven days sight, promised to pay that his sole bill of exchange to Mr. John Peaskead , or order, for twenty-five pounds sterling, value received of Robert Mott : feloniously did forge and counterfeit an indorsement of the said bill of exchange, in the name of the said John Peaskead , purporting to be an assignment of the said bill of exchange, by and under the hand of the said John Peaskead , with intent to defraud the said John Peaskead . Against the statute, &c .

Second Count. For feloniously uttering and publishing the same indorsement, purporting to be an assignment, knowing it to be forged and counterfeited, with the like intent, against the statute, &c.

Third Count. For feloniously forging the same indorsement, as in the first count, with intent to defraud the governor and company of the bank of England, against the statute, &c.

Fourth Count. For feloniously uttering and publishing the same indorsement, as true, knowing it to be forged, with the like intention, against the statute, &c.

Fifth Count. For feloniously uttering and publishing the same indorsement as true, knowing it to be forged, with intention to defraud James Campbell , against the statute, &c.

Sixth Count. For feloniously forging the same indorsement, as in the first count, with intention to defraud the said James Campbell against the statute, &c.

Seventh Count. For feloniously forging the same indorsement, as in the first count, with intention to defraud Thomas Knight against the statute, &c.

Eighth Count. For feloniously uttering and publishing the same indorsement as true, knowing it to be forged, with intention to defraud the said Thomas Knight against the statute, &c.

John Peaskead . I live at Billinghurst, in the county of Suffex. I was in possession of a bank post bill for twenty-five pounds, (it is shewn him) that is it, Mr. Knight gave my wife cash for it.

Thomas Knight deposed, that he was acquainted with Mr. Peaskead: that he called at Mr. Peaskead's on the twenty-first of May, and then gave Mrs. Peaskead cash for the twenty-five pound bank post-bill produced, which had no indorsement upon it at that time; and that he was certain the indorsement upon it was not Mr. Peaskead's hand writing: that he knew Mr. Mott, a salesman, who took it out of the bank; and he (the witness) not being conversant with bank post bills, thought Mr. Mott might indorse it, and gave him cash for it: that he went to Mr. Morgans, who would not take it because it was not indorsed: that then he went after that to Mr. Mott's but he was not at home: that he wrapped the note up in a piece of paper and put it in his purse: that he slept that night at the Greyhound Inn, in the Borough: that there were two beds in the room he slept in: that a person whom he did not know came into the room to the other bed, about an hour after the witness went to bed: that he went home next day, but did not examine his purse till he came to Mr. Peaskead's house: that then the bank post-bill was missing, but the paper in which the bill was put, and three light guineas that were in his pockets were left: that he came to London again the next day, which was the twenty-sixth, and enquired of the chamberlain of the Greyhound Inn, who it was that slept in the same room he did. The chamberlain told him he could not call to mind the person. The witness then asked him what man it was that was drinking in the Tap-house, along with the coachman: that then the chamberlain said, that was the person that lay in the room, and he knew him very well. Then the witness went to Mr. Motts, and informed him of the circumstance; and then went to the bank. Upon enquiry at the bank, he was informed that the note had been there and was accepted. He left his direction at the bank, in consequence of which he was sent for when the bill was offered at the bank for payment.

Daniel Morgan , who lives in the Borough, deposed, that Mr. Knight offered him in payment, on the twenty-fourth of May, a bank post-bill for twenty-five pounds, which he refused because there was no indorsement upon it; and that he believed the bill produced was the bill offered him by Knight.

Isaac Padman , a Clerk in the Bank, deposed, that upon the twenty-sixth of May last, Mr. Knight, and Mr. Mott, a salesman in Leaden-hall Market, came to the bank and informed him that they had lost a bank post-bill: that they gave him the marks of the bill, and related the manner in which it was lost, which corresponded with the account he had just given: that he turned to the books, and found it had been accepted the day before (the twenty-fifth): that upon the eleventh of October, Mr. Maclean brought the bill for payment: that the witness asked him what he would have for it, Maclean said two ten pound notes and a five pound note: that all this while he was making a progress to the chief cashier's office: that he gave the bill to Mr. Newland, and told him that this bill had been lost, and that it had been advertised by the parties: that if it came in it must come in with a forged indorsement; and that he left Mr. Maclean, for him to ask him what questions he thought proper: that he was sure the bill produced was the identical bill that he received from Mr. Maclean, for that he had put a private mark upon the back of it.

The bill was read in court, and exactly answered the description in the indictment.

John Maclean , a paper-stainer and broker, deposed, that he carried the bill to the Bank for payment, on the 11th of October; that he gave it to one of the clerks, who handed it to Mr. Padman; that he was sure the bill produced was the bill he carried to the bank; that he had it of Mr. Campbell, who keept the Shakespear's-Head tavern, Covent-garden; that it might be between seven and eight in the evening when he took it. On his cross examination he said, he kept it by him, though over due, because be thought a bank post-bill indorsed, was as good as a bank note.

James Campbell , who keeps the Shakesprar's-Head tavern, Covent-Garden, deposed, that upon the 25th May last, sometime in the afternoon, that bill, or a bill with the indorsed John Peaskead , was brought to him by Thorogood, a waiter at the Pizzas coffee-house, who asked him to give him change for it; that he observed it was accepted; and he asked Thorogood, if he knew Peaskead, and who he had it of, who said, he did not know Peaskead, but he had it of his friend captain Taylor; that he said he would change it for Mr. Dennis, the keeper of the Piazza coffee-house, but would not change it for captain Taylor; or any body else; that he paid it to Maclean; and that on the last Saturday evening, when the countryman that had lost it came to town; that captain Taylor and his father came to his house; that they had a bottle of port, and captain Taylor asked him, whether he was very certain as to the marks of the note; that he told him he was; that then captain Taylor said, he believed he could recollect the man he had it of; that if Thorogood would swear it was the identical note he had of him, he was positive he had it of one Bird, or Burn; who he thought, captain Taylor said was a stable-keeper in Oxford-road; that he said, he had many circumstances to corroborate the fact, such as never having given him change for any other note; that he said, he intended to make an affidavit of before a justice; and that he desired him to go to Dennis and Thorogood, and tell them to make themselves easy, for he could find out the man; that he said afterwards, that he had enquired, and the man was down in Yorkshire.

Thomas Thorogood , waiter to Mr. Dennis, who keeps the Piazza coffee-house, deposed, that upon the 25th day of May, in the afternoon, the prisoner (captain Taylor) came into his master's house, and took him by the coat in the coffee-room, and said, Thorogood, get me change for a bank post-bill. Don't say you came from me, but say it is for your master;" that he went to Mr. Campbell to get change for it; that there was she name Peaskead upon the back of it; that Mr. Campbell asked him if he knew who Peaskead was; that he said, he did not, that it was for captain Taylor; Campbell said, he would not change it for captain Taylor, but he would change it for Mr. Dennis; that he was sure the bill produced was the bill that he received from captain Taylor; that it was five, or six, or seven in the evening. Upon his cross examination, he said, he did no recollect what colour cloaths captain Taylor had on; but that having been asked by a gentleman, he said, he believed he had brown cloaths on; that when he went to captain Taylor, the maid opened the door; that he asked for captain Taylor, she said, he was not at home, but they expected that he would come in soon; upon which the witness said, he did not believe he was out of the house, and that he must see him, if he waited all day; that then the door was opened, and he saw captain Taylor, the father; that he told him, he came about a note he received from young captain Taylor last May; that captain Taylor immediately took a copy of the note; that he heard a knock at the door, and then young captain Taylor came in; that he said to him, he was come about the bank post-bill he received of the captain on the 25th May last: that captain Taylor said, he never took a bank post-bill in his life; that he said, upon my word you gave it me, and more than that, it is a stolen bill; then captain Taylor flew in a great passion, and said, that if he said he stole it, he would put him to death, and was going to take his sword; that then he came out directly, and said he would go to Sir John Fielding 's; that as he was going along, a coach stopped, and captain Taylor and his father came out, and took him by the collar, and said, he should go before Sir John Fielding ; that they went before Mr. Addington; that before Mr. Addington, old captain Taylor swore, that he said at his house, that he was present when his son gave him the note; but the witness denied having said so to captain Taylor senior.

Prisoner's Defence.

I know nothing of the transaction; the bill Campbell is pleased to say I exchanged at his house was the week before Epsom races; I had a horse then standing with Mr. Burr; I said; if Thorogood had sworn I had delivered a bill to him that day; I could swear where I had got that bill; I have Mr. Burr at the outside of the door; I refer it to my council to conduct my defence.

For the Prisoner.

- Burr, who keeps the Old George Livery yard, Oxford Road, deposed, that the prisoner had a grey stone horse stood at his stables: that about the twenty-ninth of May, captain Taylor gave him change for a twenty-five pound bank note: that he gave him two ten pounds, and five pounds in cash

William Addington , Esq. deposed, that the charge was made before him: that when Thorogood was before him, he asked him what reason he could give to identify the note: that the only reason he could give was, because it was a dirty note, and that the dirty note he received from captain Taylor he changed with Mr. Campbell: that he never mentioned Mr. Peaskead's, or any name; farther, that when he was asked how captain Taylor was dressed at the time of giving him the bill, he said he was dressed in brown cloaths: that he was very well assured it was between the hours of six and seven; and that Mr. Addington said, that when he examined Mr. Campbell, his account corroborated with that of Thorogood's: that Campbell said, he paid it away in an hour after he had received it; and that he could not identify it: that it was candle-light when he paid it away; and captain Taylor the elder made oath that Thorogood said, he (the captain) was present at the time he received the bill from his son.

Catherine Swarbrodkee , servant to captain Taylor, deposed, that captain Taylor dined at his own house, in Newman-street, on the twenty-fifth of May, between two and three o'clock: that at half after three she saw him set off in a post chaise, with a saddle horse by the side of it, for Hounslow: that he had his dinner sooner that day than usual, because he was going out of town: that she remembered Thorogood and another man coming: that old captain Taylor was at home, but that young captain Taylor was not: that Thorogood came into the back parlour to old captain Taylor, and said he wanted to speak to his son, about a bank note he changed for him the twenty-seventh of May, about seven in the evening, that he told him to get changed at the Shakespeare's Head; and that he said to old captain Taylor, don't you remember, Sir, that you was by at the same time?

Captain Thomas Taylor , sen. deposed, that Thorogood came to him in Newman-street, on Friday the thirteenth of October, about eleven o'clock; that he was sitting in the little parlour, reading the news-paper; that Thorogood came into the parlour, and said, that he came to captain Taylor, about a twenty-five pound note that was stole, which captain Taylor gave him upon the twenty-fifth of May; that he said to the captain, if you recollect you was present, and saw him give it me: to which the witness said, you rascal, I was with him: that he immediately recollected that he had had a stroke of the palsy at that time, and was in bed at Maidenhead-thicket: that he then bid him come in, and he would take down what he said; and called for a pen, ink, and piece of paper: that he asked where the note was, Thorogood said, at the bank; that he pulled out a piece of paper and said, there is a copy.

Matthew Tredale , hostler at the Northumberland Arms, Wells-street, Oxford Road, deposed, that on the twenty-fifth of May, captain Taylor had a chaise at their house; that he went with their chaise to Newman-street, and saw him set off in the chaise with a saddle horse, between three and four in the evening. He produced his book, with the following entry: Thursday the twenty-fifth of May, Baker, a chaise to Hounslow, Captain Taylor, nine shillings. Captain Taylor's horse went along side of the chaise: it is marked in the book, that captain Taylor's horse was out that day.

Joseph Floyd , deposed, that on the twenty-fifth of May he carried two gentlemen and a lady, in a chaise to Hounslow: that he did did not know the gentleman, nor the street where he took them up; but that it turned out of Oxford Road: that they got to the Rose and Crown at Hounslow, about half after five. The witness said, he was always called Baker, having formerly followed that business.

Mary Peake , niece to Mr. Fuller, who keeps the Rose and Crown at Hounslow, deposed, that captain Taylor came to their house on the twenty fifth of May, between five and six in the evening: that they generally drink tea about six, and it was before their tea time: that her uncle and aunt were gone to Epsom races; that captain Taylor went towards Maidenhead on his own horse, which he brought with him; and that the other gentleman who was with him, hired a horse to accompany him.

- Fuller produced his day book, with the following entry: 25th May, captain Taylor, a horse to Maidenhead; that it was his bostler's hand-writing: that there was no money put down, but there was wrote, paid master.

William Cox , who keeps the White Hart at Colbrook, deposed, that captain Taylor came to his house on the 25th May, between seven and eight o'clock; that he staid there about half an hour; that he did not know whether or not he spoke to captain Berkley, who lay a his house; that he remembered captain Taylor and captain - playing at quaits while they were at his house; that captain Taylor's horse had broke a shoe, and Stevenson put one on.

Thomas Stevenson , a farrier at Colbrook, deposed, that he shoed a horse for captain Taylor; that it was after seven o'clock; but he did not remember the day.

Thomas Parsons , who is hostler to Mr. Cox at Colbrook, deposed, that captain Taylor was there on the 25th May, about seven o'clock; that the horse's shoe was broke, and he was carried to the farrier's to be shoed; that captain Taylor played at quaits with another gentleman.

Captain Taylor, the elder, farther deposed; that his son lay at his house at Maidenhead-thicket that evening: that he and captain Berkley came there about nine, or a quarter after; and that he went the next morning to Reading.

Acquitted .

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

Received sentence of death, 12.

Elizabeth Ives , Richard Thompson , George Hartley , Mark Clarke , William Wilson , John Knowels , William Archer , Charles Reading , Winter, John M'Guire, Andrew Gray, and Thomas Burdet .

Transportation for seven years, 21:

James Mann , Sarah Guy , Joseph Unthank, James M'Intosh, John Smith , Levi Solomon, Aaron Spencer , Richard Sill , John Harley , Ann Emmerson, Thomas Nelson, Alice Wooton , John London , John Rolley , Elisha Basset , Mary Smith , Richard Hawkins , Elizabeth Turner , Andrew Blair , John Pilbean , and John Wynn .

Whipped, 5.

William Smith , Robert Jones , Phillip Burgeyne , Mary Burgoyne, and James Pearce .

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1. On Wednesday the first of November, was published Number I. of the Second Edition (Price 6 d.) of the Life of ROBERT LORD CLIVE , Baron Plassey . By CHARLES CARACCIOLI , Gent. Where may be had the Three first volumes of the above Work.

2. On Wednesday the first of November, was published. Number 1. being the second Edition of the NATURAL HISTORY, of Animals, Vegetables and Minerals, with the mheory of the Earth in General. Translated from the French of Count De BUFFON, By W. KENRICK, L. L. D.

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