Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 23 July 2014), May 1776 (17760522).

Old Bailey Proceedings, 22nd May 1776.

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 22d of May 1776, and the following Days;

Being the FIFTH SESSION in the Mayoralty of The Right Honble JOHN SAWBRIDGE , LORD MAYOR OF THE CITY OF LONDON.

REVISED AND PUBLISHED BY JOHN GLYNN , SERJEANT AT LAW, AND RECORDER OF LONDON.

NUMBER V. PART I.

LONDON:

PRINTED BY WILLIAM RICHARDSON ; AND SOLD BY S. BLADSON, in PATER-NOSTER ROW,

[PRICE SIX-PENCE.]

SAWBRIDGE, MAYOR.

At a Common Council holden in the Chamber of the Guildhall of the City of London on Friday the 17th of November 1775,

A MOTION was made and QUESTION put, That 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, be regularly, as soon as possible after every Session, published by the Recorder, and authenticated with his Name: The same was resolved in the Affirmative.

RIX.

THE WHOLE PROCEEDINGS UPON THE

KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.

BEFORE the Right Honourable JOHN SAWBRIDGE , LORD MAYOR of the City of London; the Honourable Sir RICHARD ASTON , Knight, One of the Justices of his Majesty's Court of King's Bench; the Honourable Sir BEAUMONT HOTHAM , Knight, One of the Barons of his Majesty's Court of Exchequer; the Honourable Sir RICHARD PERRYN , Knight, One other of the Barons of his Majesty's Court of Exchequer; Mr. Serjeant GLYNN, Recorder; THOMAS NUGENT , Esq; Common Serjeant, and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate holden for the said City and County of Middlesex.

London Jury.

Ambrose Lawrence ,

Thomas Dunkirk ,

William Wilson ,

Thomas Thompson ,

John Daniel ,

Ralph Harwell ,

Benjamin Wright ,

Thomas Howard ,

John Irving ,

Joseph Woodward ,

William Samley ,

William Gould .

First Middlesex Jury.

Avery Vokins ,

John Arnold ,

William Underwood ,

Peter Catman ,

Joseph Grieve ,

Christopher Day ,

John Marquand ,

George Butcher ,

William Malden ,

James Buckley ,

William Barrow ,

Robert Gildon .

Second Middlesex Jury.

Joseph Ashmore ,

Morris Marsault ,

Henry Doughty ,

John White ,

Thomas Lambe ,

John Burgess ,

William Allen ,

John Hoare ,

Patrick Campbell ,

John Stone ,

Robert Perryman ,

Patrick Matthews .

[ John Whitaker served part of the time in the stead of Patrick Campbell , and David Ross in the stead of Morris Marsault .]

416. CHARLES KELLY was indicted for stealing ten pieces of six timber containing 200 feet, value 8 l. six pieces of oak timber containing 72 feet, value 3 l. 10 s. and a large piece of wainscot containing 72 feet, value 10 s. the property of John Hutchinson , June 1st .

It appeared upon the evidence, that there was a suit depending between the prosecutor and prisoner; and a witness was produced, who swore that the prosecutor had offered him a sum of money to swear against the prisoner.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. COMMON SERJEANT.

417. JOHN WINGELL was indicted for stealing two looking-glasses in gilt frames, value twenty shillings, two pieces of ticking, value 5 l. a piece of long lawn, value twenty shillings, and 120 pair of leather gloves, value 5 l. the property of Luke Hogard , April 30th .

It appeared upon the evidence, that the goods mentioned in the indictment were carried by some one to the prisoner's house upon an alarm of fire, and that one of the glasses was found in the prisoner's shop, which he readily delivered on its being claimed.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. Justice ASTON.

418. STEPHEN HOWARD AYRTON was indicted for feloniously forging and counterfeiting, on the 29th of March , a certain paper writing, with the name S. D. Medina thereto subscribed, purporting to be an order for payment of money, and to be signed by one Solomon De Medina , in which said paper writing are contained the words and figures following (that is to say):

March 29, 1776.

Messrs. Prescot, Grote, Culverdin, and Hollingworth, pay to W. Gray, Esq; or Bearer, fifty pounds.

S. D. MEDINA.

50

with intention to defraud the said Solomon De Medina , against the statute, &c.

2d Count. For feloniously uttering as true the said order for payment of money, knowing it to have been forged, with intention to defraud the said Solomon, against the statute, &c.

3d Count. For feloniously forging the same order with intention to defraud George Prescot , George William Prescot , Andrew Grote , William Culverdin , and John Hollingworth , against the statute, &c.

4th Count. For feloniously uttering and publishing as true the said order, knowing it to have been forged, with the like intent, against the statute, &c.

James M'Gennis, a material witness in support of the prosecution was called, but not appearing, his recognizance was ordered to be estreated.

NOT GUILTY .

419. BENJAMIN BATES and JOHN GREEN were indicted for breaking and entering the dwelling-house of James Penleaze , Esq ; on the 20th of April , between the hours of two and three in the night, and stealing a silver tea-kettle, value 10 l. a silver lamp, value forty shillings, a silver stand, value forty shillings, three silver waiters, value 15 l. one silver tankard, value 5 l. two silver goblets, with the inside gilt with gold, value 4 l. two silver chased snuff-boxes, with the inside gilt with gold, value forty shillings, one pair of silver candlesticks, value 5 l. two silver butter-boats, value 3 l. twelve silver table-spoons, value 3 l. four brilliant diamond rings set in gold, value 20 l. one watch, with an inside case made of gold, and an outside gold chased case, value 10 l. one gold watch-chain, value 3 l. one chrystal stone seal set in gold, value ten shillings, one cornelian stone seal set in gold, value ten shillings, and one base metal watch-key, value one penny, the property of the said James, in his dwelling-house .

Mrs. ELIZABETH PENLEAZE sworn.

I am the wife of Mr. James Penleaze ; we live in Hackney-road : our house was broke open at near three in the morning of the 21st of April: every window was made fast that night, I imagine, because I make it a constant rule never to go to bed without seeing that every window is fast keyed as well as barred. One of the two back parlour windows, which is next the fields the people came in at that robbed the house; the screw of that window was forced, the pin was out, and the bar was forced out, so that the shutters were open: I did not hear them breaking in, but I heard the door of the room next me unlock, and in a quarter of a minute after that I heard the door shut again; then I heard somebody trying at my own chamber-door, upon which I jumped up, being much alarmed, and called out, Who is there? No answer being made to me, I was very much terrified, and immediately screamed out to Mr. Penleaze, who jumped up, and in a loud voice called out, Who is there? but before he had well said it the door was forced open, and four men rushed into the room with a kind of a yell; one had a dark lanthorn in his hand, and one had a bit of gauze under his nose over his mouth, tied behind his head: they were upon the bed almost immediately; two of them mounted up upon the bed at the feet, and came almost close up to me. Green was one of these two men; he came up on my side of the bed; his hat was fitted up in a peak, and stood high upon his head, so that I had a fair view of his face. Bates, the other prisoner, was on Mr. Penleaze's side; his hair hung lank upon his face. The other two went to the head of the bed, one on each side, and one of them held a pistol to my head, and the other stood with a cutlass before me. They said, Your money, your money, tell us where your money is. Four pistols were at this time held at Mr. Penleaze's head and mine, each of them having a pistol in his hand. They said, They came for money, and would have it; and the two prisoners said, They would not have notes, but only money: they then asked what money we had in the house? Mr. Penleaze said, we had but little, but what we had lies on the slab in the next room: they asked what slab? Immediately recollecting that that was the room where what we had of any value was kept, I had the presence of mind to direct them to another room in order to divert their attention, as it was then three o'clock, and I trusted to somebody's coming to our relief: I said, in the next room they might find a chest of drawers, and advised them to look for a bag which had some money in it in one of those drawers: they asked me which room? I directed them to that they opened first: three accordingly went out of my room, and one staid behind to keep guard with a pistol and cutlass at my head: two of them came back in less than two minutes, and said, they could find none there; then they addressed themselves to Mr. Penleaze, and said, Whereabouts did you say, Sir, the money lay, upon the slab? what slab is it you mean? he said again, the slab in the room on the right hand; at the same time he said, his son had received a little money yesterday which he had not accounted to him for: they immediately asked him where his son lay? he said, up another pair of stairs you will find him. They then left the room a second time, and two of them went up stairs; one still kept guard, but that one was neither of the prisoners. I afterwards found they had opened three chests; that they had tumbled the things about, and finding nothing in them, went away; but they did not go into my son's room. They then came down again, and just looked into the room where Mr. Penleaze and I were, and then went to the study door on the right hand of our room, and finding they could not open it easily, the man who was standing guard at the head of my bed called out to them, What are you about? they answered, We cannot open the door. One who is not yet taken opened a little drawing table that stood in my room, but found nothing in it; and one of the prisoners opened a little bureau that was also in my room, but found nothing. The study door was soon after broke open, and I heard the plate rattle as if it was putting into something. I have no doubt of the persons of the men; they were not above a foot and a half from us upon the bed. Bates was taken up that evening, and I saw him the next day with the other prisoner, and immediately knew them; I saw Green the next day coming with the officer that took him, and I knew him immediately, and he trembled like an aspin leaf as soon as he saw me.

Cross Examination.

Had you no doubt of the persons of the prisoners at the office? - No, I never did doubt about them at the office. The light that enabled me to distinguish them was, besides the dark lanthorn, a wax candle that was taken out of one of the rooms; it might be behind, for I am certain there was more light than the dark lanthorn gave, for there was no light in my room; when the others went up stairs to the room where my son lay, when they went for that purpose there was no light left in my room; there was no light of any kind in the house, therefore they could not have found their way up stairs unless they had a light with them; before they went up stairs they covered me up with the bedclothes; but the man who staid as guard left one side of my face free, so that I could see with one eye; I made a proposition to them to go away from the house; I said, if they would go I would give them some money at any time and place they should appoint, and no enquiry should be made after them; the man at the head of the bed seemed to listen to this proposal, and said to the others, what will you do? one of them said, we had best search the house; they struck at me with a cutlass when I screamed, damning me for screaming and making a noise; the cutlass missed my head and struck into the head of the bed.

ANN HAWKINS sworn.

I am servant to Mr. Penleaze; as I was going down stairs, upon hearing my mistress scream, I saw three men coming out of my mistress's room; Bates was upon the staircase; I went back to my own room immediately upon seeing them; two of them came up and passed my room door, but turned down again to my mistress's door; I heard them engage their words that nobody should be hurt if the money was given quietly; the men came up again to the young gentleman's room; I saw them rifle his breeches pocket and take out his money and his watch; one had a candle in his hand without a candlestick: they searched the boxes in the other rooms; Bates searched the young gentleman's pockets; they came then into a room next mine, and I heard them opening the boxes: one said to the other, come along, here is nothing here; then they went away again: I saw them twice go behind my room; I stood with the door open from the first of my seeing them till the last, which might be about twenty minutes; I saw the shadow of spoons as if they were putting them into something covered; they went down to the study from me; while they were there, I heard a voice say, what are you about? they answered, we cannot open the door.

How were you enabled to see these persons so distinctly? - I could see them in my young master's room, I believe, without their seeing me; I stood with the door ajar; my reason for it was, that I purposed to have gone down stairs to have alarmed the neighbourhood, if I could have gone down. Bates was the person that took the candle out of the other man's hand; but I will not swear to Green being one of the persons.

MARY CLEMENTS sworn.

I am servant at the Nag's Head, a public house opposite Mr. Penleaze's: I never saw the prisoners before that time; then Bates with two more came to our house about one in the morning of that Sunday; they stayed about five minutes; they said they lived at Hackney, and were locked out; they all three spoke to me, I was trundling a mop; they drank some gin; but Bates saying gin did not agree with him, desired to have some pepper mint water, which he accordingly had.

JAMES PENLEAZE , Esq; sworn.

On the Saturday, which was the night before my house was broke open, I saw all the things mentioned in the indictment; my loss amounts to between 4 and 500 l. I believe Bates to be the person that put a pistol to my head in the bed, but I will not swear positively to him, because I am near-sighted; the account Mrs. Penleaze has given of the robbery, is a circumstantial account of facts. I saw four men coming into the room, one came on my side and struck me with the muzzle of his pistol on my head as I was sitting up in the bed, and two were at the foot of the bed; one stayed on my wife's side of the bed all the time.

GREEN's DEFENCE.

Mrs. Penleaze was doubtful before the justice whether I was the man or not; so I was taken a second time before the justice, and she was doubtful, and did not know me till I had my hat cocked, and then she swore to me.

BATES's DEFENCE.

When I was taken Mrs. Penleaze could not swear to me till the crape was put over my face.

Mrs. PENLEAZE. I had swore to Bates before the crape was on; with the crape or without the crape, I said you cannot disfigure the man so but that I shall know him; Green was the person that had the crape on at my bedside.

DAVID WILMOT , Esq; sworn.

Mrs. Penleaze did fix upon Bates immediately; but she was not quite so clear in Green at first as she was.

FOR BATES.

MARGARET M'CLOCKLAN sworn.

From ten o'clock upon that Saturday night till seven upon Sunday morning I was in company with Bates, another woman was with us, Jane Huggins ; I was not examined at the justice's; the prisoner Bates sat with me at the Rose and Crown in Shoreditch till near one; I was turned out of my lodging; then I went home with the prisoner to his house, which is about a quarter of a mile from the public house.

JANE HUGGINS sworn.

I was with the prisoner Bates and McClocklan; we went from the Rose and Crown between twelve and one on the Sunday morning; I never went out of his room till between seven and eight in the morning; I was turned out of my lodgings; his hair was the same as it is now: I have known Bates eight years, I never heard any harm of him.

JOHN ARMOUR sworn.

I have known Bates a year and a quarter; he bears a good character; I have known him eight years; he was always a very honest lad.

SOLOMON DEVINE sworn.

I have known Bates twelve years: he is a sober, honest, working man.

THOMAS MATTHEWS sworn.

He has worked for me about seven years; he was always very honest; he left me about a year ago; I have heard he has worked very honest since; I should not be afraid to employ him.

WILLIAM DAY sworn.

I have known him four years; he is an honest man.

EDWARD HOLLOWAY sworn.

I have known him fifteen years; he is an honest hard working lad.

Another Witness.

I have known him twenty-three or twenty-four years; he is a very honest hard working man, and has a good character; I have had much property in my shop and have left him by himself: I never missed any thing out of it.

ROBERT COTTERELL who had known him a year,

JAMES BURRELL twenty years,

WILLIAM TURNER some time,

THOMAS FORD eight or nine years,

GEORGE SHAW four years,

And WILLIAM BATES , his brother; all gave him a good character.

FOR GREEN.

JAMES DARCE sworn.

I am a weaver and live in New Cock-lane: Green was with me last Sunday was four weeks from about a quarter past two in the morning till half after four; I was sitting up waiting for my son; I heard his voice below; I went down and saw him, and Green the prisoner and another young man much in liquor; I made them come in; one of their companions was put in the round house; I went to the round house, and when I came back I found Green asleep upon the bed at half after four. I have known him ever since he was born; I never heard any harm of him in my life: I live within half a mile from Mr. Penleaze's house.

Was you examined before the justices? - No.

NATHANIEL FAN sworn.

I went to the Rose and Crown in Old Nicholas-street at half past eleven o'clock, it was four weeks last Saturday night; Green was there and stayed there till near two o'clock; Green was there all the time; then Green and I went home; when we came to Mr. Darce's door, he came down and brought us into his house and shut us all in till half after four o'clock: I have known Green three or four years; he is an honest hard working young man.

JACOB DARCE sworn.

I was at the Rose and Crown; Green came there at half past eleven on the Saturday night and stayed till between one and two; my father called him up and locked him in the room till half past four; we laid on the bed: he was always a very honest hard working young fellow.

ROBERT COGGAN sworn.

I have known him four or five years; I never heard any thing dishonest of him; his wife has worked for me ever since his confinement.

PETER HOBATH sworn.

I have known him two years; he is a very honest worthy young fellow; his wife is my daughter; she has been in great distress ever since.

ROBERT GOODMAN sworn.

I have known him four or five years; he bears a general good character.

A Witness sworn.

I have known him ever since he was a baby; I never knew any misdemeanor of him till this affair.

BOTH GUILTY . Death .

Tried by the First Middlesex Jury before Mr. Baron HOTHAM .

420. ELIZABETH BATES was indicted for stealing a pair of silver shoe buckles, value ten shillings , the property of Robert Low , March the 16th .

ROBERT LOW sworn.

I live in the Charter-house : I lost a pair of silver shoe buckles about the 16th or 17th of March last, they were in the top of a bureau; I missed them before the prisoner quitted my service; the bureau was in the room I lay in, she had the care of it; she had lived with me seven weeks; she went away because I said I missed the buckles: I found them at a pawnbroker's.

PETER PATMEN sworn.

I am a pawnbroker: the prisoner pawned these buckles with me in March; I have known her two years; I lent her four shillings upon them.

[The buckles were produced in Court, and deposed to by the prosecutor.]

PRISONER's DEFENCE.

The buckles were given me five days before by a gentlewoman, whose husband I looked after in his illness.

GUILTY . B .

Tried by the Second Middlesex Jury before Mr. COMMON SERJEANT.

421. RICHARD WILSON was indicted for stealing a piece of black stuff, value twenty shillings , the property of Harry Curtis , September the 20th .

There was no evidence to bring the charge home to the prisoner.

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. COMMON SERJEANT.

422. HENRY ELEANOR was indicted for stealing a pair of corderoy breeches, value eight shillings , the property of William Tate , May the 14th .

Neither the owner of the breeches, nor the man that stopped them on the prisoner, attended to give evidence.

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. COMMON SERJEANT.

423. EDWARD FAUCETT was indicted for stealing five linen shirts, value four shillings, and a cotton petticoat, value five shillings , the property of John Chester , May the 21st .

JOHN CHESTER sworn.

I live in Red Lion-court, Charter-house-lane: while I was on the grand jury yesterday these things were stolen.

RICHARD THOMAS sworn.

I saw the prisoner and another man come along the court about half after one yesterday; they stopped at a back door, where they stayed about half a minute; then they came to Mr. Chester's front door, there is a yard before the door; the prisoner opened the yard door and went to the street door; stood there about half a minute; I thought he had knocked, as the door was shut; I saw him go in; he did not stay in the house above a minute or two: I saw nothing in his hand when he went in; I saw him come out, and I think he had his apron in his hand with something in it.

ANN BIDDER sworn.

The prisoner came to my house first; I saw him come out of Mr. Chester's with some linen in his apron; there was a shirt sleeve hanging out; his apron was full, and when he went out of my apartment about forty or fifty yards off, he had nothing in it; I stood in the court watching for his coming out; I thought he was not an honest man.

JOHN LINDSEY sworn.

I was informed the prisoner had robbed my master's house; I went after him about half after one, and found him in a public house, and gave a constable charge of him; I found nothing upon him.

MARY DYE sworn.

I am Mr. Chester's housekeeper: I went into the cellar and the door was shut, when I came up it was open; I missed some linen I had seen but a few minutes before.

PATIENCE CLARKE sworn.

The prisoner came up the court with three or four fellows, and knocked at all the doors and called dust; I saw him with some linen in his apron, I cannot tell what.

ROBERT FAINT sworn.

I saw the prisoner come to Mr. Chester's pails with some linen in his apron.

PRISONER's DEFENCE.

It was two paunches I had in my apron for the dogs, which I gave them, and went into the public house where I was taken.

FOR THE PRISONER.

RICHARD MAYLING sworn.

I have known the prisoner five years, he is a butcher; he has lately been with the dust carts; he bears a good character.

ROBERT WALL sworn.

I am a publican: I have known him three months; he was with me till one o'clock yesterday; he bought a piece of meat which he went to have dressed, and might be absent about ten minutes; when he returned to my house, where they took him.

THOMAS AYLESBURY sworn.

I have known the prisoner six or seven months; he bears as good a character as ever I heard; I have trusted him and would trust him again.

ELIZABETH GOODALL sworn.

I have known him fifteen or sixteen months; I never heard any thing but good of him; I have trusted him in my house frequently.

JAMES RYDER sworn.

I am the headborough that took him; I found nothing upon him; I have known him from a child; I never heard any thing bad of him.

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

Tried by the Second Middlesex Jury before Mr. RECORDER.

424, 425. HENRY GUY and WILLIAM PIKE were indicted for stealing a leather pocket book, value one shilling, and a promissory note for 8 l. 8 s. another promissory note for 2 l. 7 s. and another promissory note for 16 s. the property of Edward Haselden , privately and secretly from the person of the said Edward , May 11th .

There was no evidence to bring the charge home to the prisoners.

BOTH NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. Baron HOTHAM .

426, 427, 428, 429. SUSANNAH SMITH , otherwise BARNES , ELIZABETH WILLIAMS , HENRY HAMMAN , and ELIZABETH KELLY were indicted for stealing eleven reams of printed paper, called Johnson's Dictionary of the English Language, in folio sheets, value 20 l. the property of James Dodsley , April 25th .

Mr. JAMES DODSLEY sworn.

I have a warehouse in the Savoy , where I keep books; I had Johnson's Dictionary there in sheets: from the nature of the thing it is impossible I should be able to swear to these sheets, because there are other booksellers in London who have the like impressions; all that I can swear is, that I had such a parcel of Johnson's Dictionary in sheets, and I lost such a quantity at the time. My warehouse is adjoining to the place where the late fire in the Savoy was; the door was always locked. (Part of the books produced). I believe these to be my property, and the very books taken out of that warehouse in the Savoy.

JOHN BIRCH sworn.

I am a cheesemonger in High Holborn: Elizabeth Kelly came with another girl to my shop upon the 27th of April, and offered to sell some paper of this kind as waste paper: I had it in my custody till Lyon the constable came and took it away. They brought near a ream: I offered them five farthings; they asked me three halfpence a pound. I never saw the girl before; I asked her no questions how she came by it: it is an usual thing in in our trade to buy waste paper.

THOMAS LYON sworn.

I am the constable who fetched the paper from Birch's house on Friday the 26th or 27th of April. I happened to see the three prisoners and Margaret Wade the accomplice going by my house the day before between eight and nine in the morning with loads of paper: I asked them what they had; they said they had some waste paper which they got from the fire. About an hour after Margaret Wade and the prisoner came back to me, and asked me to be so good as to pass my word that they came honestly by it: I said I would have nothing at all to do with it; if they had taken it from the fire it was a dangerous thing. The next day I saw the paper advertised, and immediately upon that I went and took them all up. Wade was admitted an evidence, and she shewed me where a good deal of it laid; some was found at Birch's and some at Bailey's: the prisoner Kelly went with me and shewed me where it was; and the justices thought by her conduct she was entitled to some recommendation from them, and therefore they recommended her for mercy. Wade directed me to take up a boy who was concerned in it.

SIMON BAILEY sworn.

I keep a chandler's shop in Drury-lane; I bought some such paper of the prisoner Barnes; I cannot say it is the same, but I believe it is; it is near a month ago; it was some time after the fire: I never saw her before. The next morning she brought me more: I asked her where it came from; she said I need not be in any fear about it, for she worked very hard for it. The next morning she returned with two or three more women with her: I did not then care to have any thing more to do with it; I began to be suspicious; I said I would buy no more, and about a fortnight after the constable came.

DANIEL MORGAN sworn.

I am a cheesemonger in Holborn; one of the prisoners, I believe Barnes, came to my shop on Friday the 26th or 27th of April, and brought some waste paper; I said I was very willing to buy it; she said she had a great deal more: two or three others came to the door with her, which made me begin to doubt: I said I would give her a shilling in part of payment, and would keep the paper till she got somebody to vouch for her honesty; she took the shilling, and away they went: nobody came, and I sent down to the Savoy and informed the Printer who had been burnt out that I had some paper offered me; he came, and said it was not his. As soon as he was gone, one of them brought with her a publican to vouch for her character, who said she was an honest woman - (looks at the paper) I am sure that is it; I had it in my custody.

MARGARET WADE sworn.

Susannah Smith , whom I have known a long time, hired a boy, Henry Hamman , to reach the paper out of the second window of the warehouse, the day was a month next Friday: she bid me rake nearer; I was raking for old iron; I said I would rake farther off; she said I had better rake nearer, and that she would put a guinea into my pocket in half an hour: I asked her how that was to be done; she said, stay till my sailor comes, and you will see; accordingly soon after she said, He is coming: the boy stood upon a parcel of stones, and reached the paper out of the second window, which had no casement. I saw no window broke, but Kelly told me she had cut her hand by a bit of glass in the window. This might last about an hour: the other two prisoners were there at the time: all the three prisoners and myself took some of the paper and went to Morgan, the last witness, with the paper that I had: we were at this work for two days; I was afterwards taken up for it. It was about six o'clock in the morning we were employed in it; people might be passing by, but nobody said any thing to us.

The prisoners said nothing in their defence, but that the accomplice drawed them into it. They called no witnesses.

ALL FOUR GUILTY .

Tried by the Second Middlesex Jury before Mr. Baron HOTHAM .

[Branding. See summary.]

[Smith:Imprisonment. See summary.]

430, 431. WILLIAM DAVIS , and WILLIAM KINMAN were indicted, for that they, in the King's highway, in and upon John Thomas Pope did feloniously make an assault, putting him in corporal fear and danger of his life, and stealing from his person a metal watch, value twenty shillings, a steel watch-chain, value six-pence, a brass watch-key, value one penny, a guinea, and eight shillings in money numbered , the property of the said John Thomas Pope , May 10th .

JOHN THOMAS POPE sworn.

I live in Steven-street, Rathbone-place, I teach dancing ; I was returning to town in a one-horse chair on last Friday was se'night the tenth of May, between eight and nine in the evening, from Hampstead ; I was stopped about a quarter of a mile or more from Tottenham-court turnpike; the two prisoners at the bar crossed the road to me; I do not swear positively to their persons, but to the best of my knowledge they are the persons; came up with pistols in their hands, and d - d my eyes, and ordered me to stop, or they would blow my brains out. I had a young horse in the chaise, and could not stop so soon as I could wish: they repeated the same oath, and swore they would blow my brains out: the horse still wanted to get on, and I said to one of them, Why do not you go and hold the horse's head? I think he did, and that I think is Kinman. I gave to Davis, I think, my money first, which was a guinea and nine shillings, to the best of my recollection: after they had taken that, he demanded my watch; then they both d - d my eyes, and bid me drive on. I had hardly set off again before they called after me, and said I should meet with two more before I got to the turnpike, and if I did, and they should stop me, I was to say I had seen Sam. King , I think it was. I did not see any more, and I came home. I met a gentleman upon a little grey horse three or four minutes after; it was between eight and nine o'clock, and a very fine evening: it began raining some time after, and rained all the evening. I suppose the prisoners to be the men; I think they had great coats on and handkerchiefs about their necks; I think they had slouched hats. though I was ill and frightened, and did not observe particularly. I went to Sir John Fielding 's almost directly.

[The watch was produced in Court by John Heley , and sworn to by the prosecutor.]

Cross Examination by the Counsel for Davis.

You say you was not only very ill, but was very much surprized; now had you ever seen either of these young men before? - Never.

How can you take upon you to swear positively to the men? - You do not imagine my being ill took away my eye-sight.

Do you recollect what quarter the moon was in at that time? - No, I do not; it was between eight and nine o'clock, and this is but ten days ago.

Do you mean to swear positively to the person of Davis? - No; you heard me say I would not.

JOHN HELEY sworn.

I went to Sir John Fielding's office last Sunday se'nnight: information was brought up to Bow-street by some girls that lived in Bridgewater-gardens, that some young fellows were to come that morning to breakfast, and that one of the girls had a watch and a pistol, which pistol was hid under the bed: that was our information. I went there with Mr. Day and one or two more: I went up to the garret where we were informed the girls lived, and I saw only one girl there; we searched under the bed, and Mr. Day found a loaded pistol: we had not been three minutes before Kelly and another came up into the room; I thought she seemed to have something bulge in her pocket; upon searching her I found this watch in her hand: she cried, and said I will shew you the lads that I had it from. I took a coach and went to Frog-lane, Islington; she said she was to meet them at a public-house there; Mr. Phillips and I took Davis there; she pointed him out to Mr. Phillips; we put him into the coach; he said, What do you take me up for? I pulled the watch out of my pocket, and asked him if he knew anything of it; he said, Yes, I gave it and a pistol to that girl: he said it was given him by one Stokes, and that Stokes was gone on board a ship.

Cross Examination by the Counsel for Davis.

What business are you? - I dare say you know you have seen me before.

Perhaps the jury do not know you? - I attend at Sir John Fielding's office.

Are you totally disinterested with respect to the conviction of these men? - The labourer is worthy of his hire.

You will have a reward if these men are convicted? - It is naturally to be expected.

What induced him to make this confession to you; you did not make any promise, did you? - No, I never do those things.

THOMAS DAY sworn.

I can only say the same as Mr. Heley has said: I found this pistol under the bed loaded with four pieces of sea-coal instead of ball: I was at the house in Frog-lane, but I was not with them when Davis was taken. I know nothing of Kinman.

ANN KELLY sworn.

I met Davis and Kinman about a quarter after nine o'clock on the tenth of May: I have known Kinman about a twelvemonth, but I had very slight acquaintance with Davis till within these two months: I met them at the end of Duck-lane, Smithfield; Kinman asked me to take this watch from Davis; I had not known Davis above three weeks: I took the watch, and asked Kinman if he knew what watch it was; he said, he believed it to be Davis's own, but did not know any thing about it: I was to keep it till six the next morning, then I was to meet Davis at the end of Barbican and return it: when he delivered it, he said it was a young fellow's that was gone aboard a ship, and he was to take care of it for him, and he was going where he did not like to take it with him; and he gave me a pistol at the same time; I believe that is the pistol, but cannot swear to it; he said the same young fellow gave it him. I went to meet them next morning, but they did not come; I met them next night at the Cock in Craven-street in Aldersgate-street; they sent word where I should meet them; I had the watch with me, but I left the pistol at my lodgings; a person came into the house that knew me, and I came away without giving them the watch: I spoke across the table, and said I would meet them next morning at Islington; I got up in the morning to go there, and went to my mother's for my cloaths; when I returned these men were in the room, and they took the watch out of my pocket; then I went with them to Frog-lane.

Cross Examination by the Counsel for Davis.

How long have you known Davis? - About three weeks before the affair happened.

You have known Kinman some time? - Yes.

The first night you met these people, Kinman told you he believed the watch to belong to Davis? - He asked me to take care of it, and said it was a young fellow's who had given it him to take care of.

So the watch was only delivered to you to take care of? - No.

There were no directions given by Davis to pawn the watch or sell it? - None at all.

The prisoners said nothing in their defence.

FOR KINMAN.

THOMAS BAYNARD sworn.

I have known the lad twelve years; I always looked upon him to be a very honest lad.

CHRISTOPHER LEONARD sworn.

I am a peruke-maker in this neighbourhood, and have known him twelve or fourteen years; I never knew any harm of him in my life before this affair.

JOHN CROWDER sworn.

I have known Kinman eight or nine years; I never knew any other character of him than that of a sober honest lad.

WILLIAM NEEVES sworn.

I live within a few doors of this lad's father's; I have known him ten years; I never heard any thing bad of him till this affair.

HENRIETTA SERJEANT sworn.

I have known him about five or six years; I lodged in his mother's house; he was always a sober honest lad as far as I ever heard, till this affair.

JOHN SCRIVEN sworn.

I have known him about five or six years; he always behaved very well and was a civil honest lad.

FREDERICK DELANEY sworn.

I have known him almost seven years; he is a very honest lad: I never heard any thing amiss till now.

ANN SCRIVEN sworn.

I have known him eight or nine years; I never heard any thing amiss of him till this charge.

FOR DAVIS.

JOHN CADMAN sworn.

Davis was my apprentice; he has lived with me about five years; he has behaved remarkably honest; I never lost any thing by him; I will take him again into my service if he is discharged.

MARY SOMERTON sworn.

I have known Davis from his infancy; he bears a good character.

RUTH KELLO sworn.

I lodge at the prisoner's father's; I have known him by coming backward and forward to his father's going on of three years; every Sunday he came; he always behaved in a dutiful manner and honest towards me.

ELISHA WORKMAN sworn.

I have known Davis about seven years; I always looked upon him as an honest man.

BOTH GUILTY . Death .

They were recommended both by the prosecutor and the Jury to his Majesty's mercy.

Tried by the Second Middlesex Jury before Mr. Baron HOTHAM .

432. JAMES FARREL was indicted for burglariously breaking and entering the dwelling-house of Edward Hare on the 7th of May , about the hour of ten in the night, and stealing 50 lb. weight of lump sugar, value ten shillings, the property of the said Edward in his dwelling-house .

"It appeared upon the evidence that there

"was no foundation for a charge of burglary:

"the two loaves which were charged to have

"been stolen, were not carried off the premises,

"but only removed a little from the

"place where they had before stood: the

"loaves weighed twenty-five pounds each;

"the prisoner, who is but twelve years old

"and little of his age, did not appear able to

"have removed them.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. Justice ASTON.

433, 434, 435. WILLIAM DEROSE , JOSEPH TEMPLE , and JOHN HOPWOOD were indicted, the first for stealing a shoulder of mutton, value eighteen-pence, and a breast of mutton, value ten-pence , the property of George Newell , and the other two for receiving the above goods, well knowing them to have been stolen , March the 10th .

The prosecutor and witnesses were called, but not appearing, their recognizances were ordered to be estreated.

ALL THREE NOT GUILTY .

436. WILLIAM BLACKSTONE was indicted for stealing three bushels of coals, value two shillings , the property of Richard Wood , Thomas Wood , William Wood , and James Richard Wood , April the 24th .

The prosecutor and witnesses were called, but not appearing, the Court ordered their recognizances to be estreated.

NOT GUILTY .

437. RICHARD WILLIAMS was indicted for stealing two pieces of fur timber called masts, value 3 l. the property of William Potter , May the 17th .

"It appeared that the prisoner was hired

"to take the masts out of the river by one

"Anderson, in whose cellar they were found

"cut to pieces."

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. Baron HOTHAM .

438, 439. WILLIAM READING and ROBERT SEERE were indicted for stealing three barrels of beer, value forty-five shillings, and three barrel casks, value twenty-one shillings , the property of William Feast , Esq ; May the 12th .

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

BOTH NOT GUILTY .

440, 441. CHARLES BENFIELD and ELIZABETH his wife were indicted for stealing a gelding, value forty shillings , the property of Daniel Benson .

2d Count. For wilfully and maliciously killing and destroying the said gelding, against the statute, May the 2d .

There was no evidence to bring the charge home to the prisoners.

BOTH NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. Justice ASTON.

442. JOHN BAILEY was indicted for stealing six silver tea spoons, value thirty shillings , the property of Mary Howes , widow , May the 16th .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

443. ISAAC STONE was indicted for perjury in swearing at a court of hustings duly held for the election of a chamberlain of the city of London, before George Hayley , Esq; and Nathaniel Newnham , Esq; Sheriffs of London, that the said Isaac Stone was a Freeman of London and Liveryman of the Barbers Company, that he had so been for twelve calendar months, and that his place of abode was in Grub-street; whereas in truth and in fact he was not a Freeman of London, he was not a Liveryman of the Company of Barbers, and his place of abode was not in Grub-street .

JOHN HOWELL sworn.

I was a sworn clerk to take the poll for chamberlain, at the late election for chamberlain: on the last day of the poll I administered the oath to a person calling himself Isaac Stone , Barber, in Grub-street, who polled for Mr. Hopkins.

Repeat the oath? -

"You do swear that

"you are a Freeman of London and a Liveryman

"of such a company, and have been

"so for twelve calendar months; that your

"place of abode is so and so; and that you

"have not polled before at this election."

It is necessary to ask you who acted as Sheriffs? - Mr. Alderman Hayley and Mr. Alderman Newnham.

JAMES MERRY sworn.

I am clerk to the Barber's company. Have you a list of the livery of your company? - I have.

Is there one Isaac Stone upon your list as a liveryman of your company? - No.

JONAS PARKER sworn.

Was you present at Guildhall upon the 2d of February during the late election for chamberlain? - I was.

Did you see the defendant poll? - I did about two o'clock; and I heard him take the oath; I had known him twelve years; I spoke to him.

What did he say? - He was in liquor: when he came up to poll he told the clerk where he lived, and said he was a liveryman and mentioned of what company, and took the oath.

He was sufficiently sober to do that? - He did take the oath.

Do you know where he lives? - Yes, I have been a neighbour to him twelve years; I was surprized at seeing him come up to poll.

Does he live in Grub-street? - He lives in Honeysuckle-court, in Grub-street; the back of his house looks into Moore-lane.

PRISONER's DEFENCE.

I don't know whether or no I said any such words as that I was a liveryman; I was out of my senses; I have not common senses when I am not in liquor; but when I am I don't know what I do; I was in a great deal of trouble; I lost two children just before.

To PARKER. You said he was in liquor? - Yes, he was; there were more people came up with him when he came to poll.

FOR THE DEFENDANT.

HENRY GOLDSMITH sworn.

The defendant is my tenant; he has lived in my house upwards of twelve years; I never heard any thing against him before; he has behaved very upright and honest to me; I believe him to be a very honest industrious man.

FREDERICK HEATON sworn.

I am a cordwainer: I have known the prisoner twelve or fourteen years, but particularly for these five years last; he is as honest a man as ever existed before this affair.

Is he weak in his understanding? - When he is in liquor he is a madman almost: there is no man bears a better character about the neighbourhood; but he was in liquor, and I believe did not know what he was about.

To HOWELL. You did not take any particular notice of the man? - I did not.

Would you have given the oath to a man who appeared to be intoxicated? - He did not appear to be so to me.

THOMAS BAXTER sworn.

He was at my house the evening before the poll, and was there the evening after the poll, and he was much in liquor; he is a very honest man; I don't believe he ever received a farthing for any thing he did; I think he would have told me if he had received any gratuity for polling.

ANTHONY HARRISON sworn.

I have known the defendant two or three years: he bears a very honest character as far as I know of him.

BAXTER. My lord, this Harrison is the person that came out of Cooper's hall, where an entertainment was made upon Mr. Hopkins's account; he accosted Stone in the street, and carried him into the hall to drink, and when he was fuddled they went with him to the poll, where he did this unhappy affair.

- WASHINGTON sworn.

I have known him many years; he always bore a good character.

GUILTY .

Recommended by the Jury to the mercy of the Court.

Tried by the London Jury before Mr. RECORDER.

[Imprisonment. See summary.]

[Provide sureties for good behaviour. See summary.]

444, 445, 446. JOHN MAYO , JOHN STANDISH , and JAMES HUMPHRIES , were indicted for that they in the king's highway, in and upon Morris Keating did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a pair of leather shoes, value six-pence, a pair of silver shoe buckles, value five shillings, and a pair of silver knee buckles, value eighteen-pence, the property of the said Morris .

MORRIS KEATING sworn.

I am at school at Norland-house, at Kensington : I was robbed on the 11th of April going from London to Norland's-house about twelve at night; I was in a postchaise, my mother and Mr. Hervey were with me; we were stopped just by the two mile stone by five footpads, two came to each door, while one stood at the horses heads; they asked us for our money; they took my shoes, my shoe buckles, and a pair of knee buckles; they took no money from me.

How long might they be with you? - I fancy about two or three minutes; it was very dark.

Should you know any of them? - I should not; the buckles are in court.

[The shoe and knee buckles were produced in Court by Fletcher Watson , and deposed to by the prosecutor.]

Mrs. CATHERINE KEATING sworn.

I am mother to the last witness: I was with him in the postchaise in April last; two footpads came up to the side of the chaise I was at, and asked me for my money; I gave them a guinea; then they went to take my buckles out of my shoes; I unbuckled them and gave them to them; that was all they got from me; I saw only two; I heard others on the other side of the chaise: the doors were both opened at once; I saw them take my son's shoes and buckles.

How long might they be with you? - Two or three minutes I suppose.

What time of night was it? - I believe very near twelve; it was a very dark night; I could not see enough of their persons to recollect them.

ROBERT HERVEY sworn.

I am at Harrow-school: I was going home in this postchaise upon the 11th of April with Mrs. Keating and Mr. Keating; the postchaise was stopped by four or five footpads; I could not distinguish either of their persons: I lost my watch and about three guineas, and my buckles, and I have never seen my watch since.

FLETCHER WATSON sworn.

I am a pawnbroker in Princes-street, Soho: these buckles Mr. Keating has sworn to, were pledged with me on the 12th of April; I lent six shillings upon them.

Who brought them to you? - I cannot positively swear; it was one man, I believe.

Did you ever see him before? - Mayo has been at the shop several times, but whether he is the person that pawned them or no, I cannot positively swear.

I ask you if you had ever seen the man at your shop before that brought the buckles to you: then you know Mayo? - Yes.

Was it Mayo or no? - I cannot positively swear that it was him.

Was he the man that brought you the buckles or no? - It might for what I know.

What name were they pawned in? - In the name of Wright; that is a name that he often makes use of.

Was you in the shop when the man brought the buckles? - Yes.

And Mayo himself you have often seen before? - Yes.

Did the person that brought the buckles pawn them in the name of Wright? - He did.

Was that Wright or was it Mayo? - Him in blue cloaths goes now by the name of Mayo.

Was that the man? - To the best of my recollection it was.

Is that prisoner in blue cloaths the person you have often seen at your house? - Yes.

And that is the person that pawned the things in the name of Wright? - Yes.

And that is the man that brought these buckles to you? - To the best of my recollection it is.

At what time of the day did he come? - It was some time in the day, it was not by candle light.

He had frequently dealt at your shop, had he? - Sometimes, not very often.

From MAYO. Whether he ever knew me pawn any thing there before? I have fetched things out for people; but I never pawned things there in my life. - He has fetched things out, and I have taken some things in of him before this.

From MAYO. What things? - I cannot recollect.

Court. Do you keep shop yourself? - No.

Who are you servant to? - I am partner with one Prestman.

Was he in the shop at the time? - I don't recollect.

JOHN WOOD sworn.

I live with Mr. Parker, a pawnbroker, in Prince's-street.

The same street as the other? - Yes: they were pawned with him upon the 12th of April: there were a pair of silver shoe buckles pawned with me upon the 12th of April.

[Produces the shoe buckles.]

Mr. HERVEY. These are the buckles I was robbed of that night.

To WOOD. Who were they brought to your shop by? - I believe by the prisoner Mayo.

Why do you believe it to be brought by Mayo? - As soon as I saw them at Sir John Fielding 's, it struck me immediately, amongst several other prisoners, that he was the person.

How long after was it that you saw him at Sir John Fielding 's? - Three weeks; I believe it is a fortnight to-day since I saw him at Sir John Fielding 's.

Had you seen Mayo before? - Not that I recollect.

Had he used your shop before? - Not that I recollect.

What is your belief? - I believe it to be him both by his person and by his cloaths; he pawned them in the name of John Wright ; I gave him a duplicate.

What did you lend him upon them? - Six shillings.

MAYO. I pawned the buckles there.

RICHARD GREENWOOD sworn.

I am a pawnbroker in Oxford-street: upon the 13th of April these buckles (producing them) were pledged with me in the name of Standish.

Mrs. KEATING. These are the buckles I was robbed of.

Who were they brought by? - They were pledged, as it appeared from a ticket on them and an entry in the day-book, in the name of Standish.

You did not see them brought to your house, did you? - I took them in myself.

Who did you take them from? - I cannot take upon me to say who the person was; one of Sir John Fielding 's men came to my shop by his directions; they were pledged for five shillings, as he said.

Did you ever see Standish before? - Never as I know of.

Do you take in things of that sort from people you do not know? - He looked like a gentleman's servant, and seemed as if he was out of place; when I heard of it I endeavoured to recollect if I could; when I came to see the prisoners, they were neither of them a bit like the man that I had an idea of that pledged them.

PETER PENNYTHORNE sworn.

I was at the King's Head in Bear-street, Leicester-fields, upon Wednesday or Thursday the 10th or the 11th of April, when Robert Leach the postboy came in there between six and seven in the evening; I was in the same room as the three prisoners at the bar and the evidence James Dawson were.

How did you happen to fall in company with them? - I used the house; they were there before I came in: Robert Leach the postboy came in and called Richardson and Dawson and these three men there, and said his master and mistress were at the play, and that they would return about ten o'clock.

Who were his master and mistress? - I do not know; and that it was easy to rob them, and he should be very glad if they would rob them, because they kept him out so late of a night.

Where did you hear this? - At the King's Head, Bear-street, in a back room.

Did he see you there? - I don't know; I never saw him before in my life.

Was you drinking with them? - I cannot say that; I was in the room with them; I cannot be sure whether I was drinking with them or no.

You had often drank there together before, I suppose? - Yes.

At what time was this? - Between six and seven: they all went out in about half an hour; they did not go out all together.

Did any thing pass about where they were to meet? - He said they were easy to be robbed down by Bayswater; I heard no more of it.

Then you heard nothing settled where they were to meet? - No; Richardson and Dawson came back in about an hour afterwards, and they went out again; the others were gone.

How long did Richardson and Dawson stay? - About ten minutes.

Did they go out again? - Yes.

How came you to stay behind? - Because I had never any notion of doing any thing so bad.

How came you to stay there? - I used generally to stay there of a night.

You staid behind, and was much surprized at it? - I was.

Did you give any information immediately? - I told one Mr. Green of it.

When? - About three weeks ago.

Did you tell any body of it that night? - No.

Did you see any of them come back except Richardson and Dawson? - No, not till Mayo was taken.

Are you sure these three prisoners were all there at the time the postilion said it would be very easy to rob his master and mistress? - Yes.

Did not you hear the prisoners, or some of the party, say something in answer to the postilion? - I did not.

Was any thing said? - Not as I heard.

Had they any arms with them? - Not as I know of.

To Mrs. KEATING. Was it your own chaise or a hired chaise? - A job chaise; one Mr. Palmer is the master.

Do you happen to know who drove you? - Very well, Robert Leach , he has been six months in the family.

To PENNYTHORNE. Did you hear any name the postboy went by? - I heard them call him Robert Leach .

Cross Examination.

This I understand was a proposal by the postboy to the prisoners to rob the post-chaise? - Yes.

And that was not agreed to by the prisoners? - I did not hear them say any thing to him.

JAMES DAWSON sworn.

I am a groom; I am out of place at present.

Where have you lived? - With Sir Francis Holbourn the last place I lived in; he is gone abroad.

How long have you been acquainted with the prisoners? - About two or three months, by their coming to the public house where I used.

Do you remember seeing them in April last? - Yes.

Are you positive as to the night? - It was Thursday night, and I believe the eleventh of April; we were at the King's Head in Bear-street drinking in the back room; we had been there some time, and had had two or three pots of beer; we were there about five or six o'clock, and about seven o'clock Robert Leach the postboy came with his post-chaise to the door, and stopped and called for a pint of beer.

Whose chaise was it? - One Mr. Palmer's in Bond-street; he put two young women out of the chaise, and afterwards came in and called to Richardson and me; Richardson and I went out to him, and the other three came out afterwards; we were going out of the back room to make water; we saw him come into the back room to look for his brother-in-law; the three prisoners followed us to the door; we were drinking the beer: said he, I have set down two gentlemen and a lady at the playhouse, and he should be glad if any one would rob them; that they had got plenty of bit in their pockets, meaning money: he went away directly from Bear-street.

What was said by the parties? - It was all agreed by Richardson, Standish, Mayo, Humphries, and myself to meet him at Kensington Gravel-pits.

Did you agree at what time to meet? - No; we were to meet upon the road.

Where did this conversation pass? - Part at the back-door and part at the fore-door; I went out of the house and came back again; when I came back about eight the three prisoners were gone; I went home and had some victuals, but did not stay above a quarter of an hour; they went off by themselves, and Richardson and I followed them, and upon our way we called at Bruton-street Mews, Berkeley-square, where the post-chaise was put up, and had a glass of gin with the postilion Leach; he told us it was then too soon to go, as he did not go out of town till ten o'clock at night: we went upon the road and met Humphries, Mayo, and Standish by Kensington Gravel-pits at the other other side of the turnpike; the postboy told us he should be there about twelve o'clock.

What time was it when you met at Kensington Gravel-pits? - I dare say almost half an hour after eleven o'clock.

How long did you wait there? - Almost half an hour; the postboy told us he would be driving very hard, and if we called out stop, he would stop directly; in about half an hour we saw the chaise coming very fast; Richardson called out to him to stop; he stopped directly, and we went up, some on one side the chaise, and some on the other; and one went to the horses heads: we demanded their money.

Who were in the chaise? - Two young gentlemen and a lady: I got five shillings; Richardson told us he got a guinea and a few shillings; the other three came up and took three pair of shoes and two pair of knee-buckles and a watch; they took the shoes off the lady's feet, and a pair of shoes off the gentlemens feet, and a watch: I called out to Richardson to behave honourable to the lady, upon which he swore he would blow my brains out; they went off directly; they threw away the lady's shoes, but kept the gentlemens shoes; one had the watch and another had a pair of knee-buckles; Mayo had a pair of shoe-buckles, Standish a pair, Humphries a pair, Richardson a pair and a watch, and I had a pair of knee-buckles; we crossed the road, and I went to Paddington; I gave Mayo and Standish a shilling a piece out of the five to pay for a bed: I was to meet them next morning; I met Mayo and Humphries; Standish and Richardson did not come; I did not see Mayo till I saw him yesterday fortnight at Sir John Fielding 's: we were all to meet next day and settle it among ourselves; these men did not meet; Standish and Richardson did not come to the house they were appointed to meet at; Mayo, Humphries, and I met next day in a cellar at the Thistle and Crown in Suffolk-street, the bottom of the Hay-market; I parted with them there.

Did you divide the money? - No.

Were the buckles pawned at that time? - Mayo had pawned one pair of the buckles and the knee-buckles for 6 s. he shewed me the duplicate.

Cross Examination.

Upon what day was you taken? - I surrendered myself.

HUMPHRIES' DEFENCE.

I know nothing at all of the robbery.

MAYO's DEFENCE.

I was coming down Prince's-street upon Friday morning; I met this Dawson and asked him to give me something to drink; he said he could not, for he had no money and was going to pawn his buckles, and asked me to pawn them for him; I asked him what name I should put them in, he said my name; I took them to pawn, and asked nine shillings as he bid me; they lent me six shillings upon them; I took the six shillings to him at the cellar in Suffolk-street; there we had two pots of beer and some bread and cheese, and I left him, and never saw him from that day till I saw him at Sir John Fielding 's.

DAWSON. The whole is a falsity; I never had a pair of shoe-buckles in my hand; I never had any but the knee-buckles.

STANDISH's DEFENCE.

I know nothing at all of the robbery; I was at home at the time; the landlord where I lodge can give evidence of that.

FOR STANDISH.

SARAH SPEKE sworn.

I know the prisoner Standish; he has a very good character, and lodged in my house.

Do you know where he was on the 11th of April? - In bed at eleven o'clock.

How do you recollect that circumstance? - I let him in a little after ten myself.

Did he get up that night afterwards? - No; there was no one to let any body out but myself.

Cross Examination.

What day of the week was this? - Thursday.

Where was he on Wednesday? - At home on Wednesday night at the same time.

What time did he go to bed upon Wednesday? - At ten o'clock.

What time did he go to bed upon Friday? - About eleven, I believe.

How long has he lodged with you? - Near four months.

What month was it? - It was in Easter week; he always came home regularly, and paid every thing very honestly.

What house do you keep? - A private house.

Where do you live? - No 30, Eyre-street, Clerkenwell.

FOR THE PROSECUTION.

CHARLES GRUBB sworn.

I am a constable; I took Mayo when Standish was taken; he begged of me to endeavour to get him admitted an evidence; he acknowledged the robbery, but Dawson having surrendered voluntarily, I told him it could not be done.

When did you take him up? - I took Mayo first; Standish was taken up about a week after; Dawson voluntarily surrendered himself.

Cross Examination.

You say you are a constable; what business are you? - A peruke-maker.

You serve for yourself, and not a substitute? - For myself.

You are not a runner at an office? - I am a constable; I do not know what you mean by a runner; if I see a thief I will take him, or go any where after one for the good of my country.

ALL THREE GUILTY . Death .

Tried by the First Middlesex Jury before Mr. Baron HOTHAM .

447. JACOB JONAS was indicted for stealing a linen handkerchief, value ten pence , the property of Thomas Jones , May 8th .

THOMAS JONES sworn.

I was coming through Cornhill , and heard something shuffling at my pocket; I put my hand in and missed my handkerchief; the prisoner was close to my right hand; I took him to the Compter; as we went along he dropped my handkerchief.

Another WITNESS sworn.

I was coming down Cornhill; I saw a mob, and the prosecutor charged the prisoner with picking his pocket; I saw the prisoner drop the handkerchief.

PRISONER's DEFENCE.

I did not pick his pocket; as we were going along he took hold of me, and said I had picked his pocket.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Whipping. See summary.]

448. ELIZABETH HARRIS was indicted for stealing a watch, the inside case made of metal, the outside case made of metal covered with shagreen, value ten shillings , the property of Humphrey Sibthorpe , Esq ; May 8th .

HANNAH RAY sworn.

I am laundress to Mr. Sibthorpe; the prisoner was my chare-woman , and went to the chambers; I know nothing of her taking the watch.

THOMAS HICKS sworn.

I am a farrier; the prisoner gave me a watch; I was in liquor when she brought it; she said she brought it from the chambers; it was taken to the watchmaker's to be repaired, who gave it me again: I had it in my pocket at work; when he came to me a second time to put another hand (there were three hands); he took it home, and I never saw it more: he came to take me up afterwards. I cannot swear to the watch.

FOR THE PRISONER.

SARAH WHITE sworn.

The prisoner lived with me nine years; she was honest: I believe she would never have done as she has done if it had not been for bad company.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Branding. See summary.]

449, 450. ELIZABETH FERGUSON and ELIZABETH BROWN were indicted for stealing in the dwelling-house of Timothy Edwards a bank note for 10 l. and one other bank note for 10 l the said notes being the property of Alexander Ross , Esq ; and the sums of money secured thereby being due and unsatisfied to the said Alexander, against the statute , April 23d .

The prosecutor deposed, that he suffered himself to be picked up by the prisoners, who took from him the notes mentioned in the indictment; that he gave them two guineas a piece to return them; that afterwards thinking they ought not to have so much, he endeavoured to get some of the money back; that then they were charged with the fact and taken before a magistrate, and contrary to his inclination, he being ignorant of the law, they were charged with stealing the notes, and he was bound over to prosecute them.

BOTH NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

451. WILLIAM SULLIVAN was indicted for stealing two quartern loaves of wheaten bread, value one shilling , the property of John Brooks , May 6th .

There was no evidence to prove the charge against the prisoner but a child.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

452. ROBERT CLIPSON was indicted for stealing a wooden cask, value ten shillings , the property of John Bowman , May 21st .

It appeared upon the evidence, that the cask was by mistake sold by the prisoner for his master, who was cooper to the prosecutor.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

453, 454. THOMAS WEST and RICHARD SPRIGGS were indicted for stealing a Bath beaver coat, value two shillings, and a bath beaver waistcoat, value one shilling , the property of John Newman , May 15th .

The prosecutor himself happened to be confined in Bridewell at the time the trial came on, and there was no other evidence to affect the prisoners.

BOTH NOT GUILTY .

Tried by the First Middlesex Jury before Mr. Baron HOTHAM .

455, 456, 457. LAMB SMITH , JAMES FRYER , and THOMAS KING were indicted for burglariously breaking and entering the dwelling-house of Thomas Fruin on the 9th of October , about the hour of eight in the night, and stealing three silk gowns, value 6 l. a linen gown, value fourteen shillings, two cloth coats and waistcoats, value 5 l. two silk cloaks, value twenty shillings, a silk petticoat, value ten shillings, four linen sheets, value ten shillings, four linen table-cloths, value five shillings, six linen napkins, value four shillings, four linen shirts, value six shillings, and six linen towels, value three shillings, the property of Thomas Fruin , in his dwelling house .

The prosecutor was absent from his house from the month of May to January following. He deposed that he lost the goods mentioned in the indictment while he was from home; but the goods were not traced into the possession of the prisoners, nor were any other circumstances to prove the fact sufficiently brought home to them.

ALL THREE NOT GUILTY .

Tried by the First Middlesex Jury before Mr. Baron HOTHAM .

LAMB SMITH and THOMAS KING were again indicted for burglariously breaking and entering the dwelling-house of John Chandler on the 17th of November , about the hour of eight in the night, and stealing two silver watches, value 4 l. two gold laced hats, value thirty shillings, a waistcoat embroidered with gold, value twenty shillings, eight silk and cotton waistcoats, value thirty shillings, two cloth coats, value fifty shillings, a pair of worsted breeches, value five shillings, a pair of cloth breeches, value ten shillings, a pair of silk breeches, value five shillings, five linen shirts, value twenty shillings, four muslin neckcloths, value two shillings, four cotton handkerchiefs, value two shillings, a pair of silver shoe-buckles, value eight shillings, a silver knee-buckle, value six-pence, a muslin apron, value ten shillings, the property of the said John, in his dwelling house .

There was no evidence to bring the charge home to the prisoners.

BOTH NOT GUILTY .

Tried by the First Middlesex Jury before Mr. Baron HOTHAM .

LAMB SMITH and JAMES FRYER were again indicted for burglariously breaking and entering the dwelling-house of Jonathan Sheldrake on the 8th of October , about the hour of eight in the night, and stealing four silk gowns, value 5 l. a silk and stuff gown, value ten shillings, a cotton gown, value ten shillings, a sattin petticoat, value sev en shillings, a black silk cloak, value five shillings, a silk handkerchief, value one shilling, a pair of silver salts, value ten shillings, two silver tablespoons, value fifteen shillings, and a double-barrelled pistol, value two shillings, the property of the said Jonathan, in his dwelling-house .

There was the same defect in the evidence.

BOTH NOT GUILTY .

Tried by the First Middlesex Jury before Mr. Baron HOTHAM .

458. ELIZABETH JONES was indicted for stealing a muslin apron, value one shilling, and a striped linen apron, value one shilling , the property of Henry Bradley , May 18th .

HENRY BRADLEY sworn.

I am a victualler , and live in St. Martin's-lane : I lost a muslin apron and a striped linen apron of my wife's, on the 18th of May, out of my kitchen; they were there at twelve o'clock on Friday night: the prisoner was followed by my servant, who overtook her within a few yards of my house, and brought her back; I never saw her at my house till the Saturday morning: I found two aprons upon her when she was brought back.

[The aprons were produced in Court, and sworn to by the prosecutor.]

PRISONER's DEFENCE.

I was so much in liquor that I know not what I did.

GUILTY of stealing to the value of ten pence . W .

Tried by the First Middlesex Jury before Mr. Baron HOTHAM .

ELIZABETH JONES was again indicted for stealing a muslin apron and two pair of shift sleeves , the property of Ann Terry .

ANN TERRY sworn.

I am servant to Mr. Bradley; I found these things at the same time upon the prisoner.

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

Tried by the First Middlesex Jury before Mr. Baron HOTHAM .

459. WILLIAM HOWES was indicted for stealing a cloth coat, value three shillings, a pair of cloth breeches, value five shillings, and a pair of leather shoes, value five shillings , the property of James Oliphant , April the 26th .

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

NOT GUILTY .

460. FRANCIS BENSON was indicted for stealing a silver watch, value thirty shillings , the property of John Johnson , May the 1st .

ANN JOHNSON sworn.

I am the wife of John Johnson ; we live in Great Turnstile , Holborn; my husband keeps a watchmaker's shop there: I saw the prisoner take the watch off the hook where I had just hung it; I seized him by the collar while he had the watch in his hand.

THOMAS POWELL sworn.

I am a constable: as I was going by Mr. Johnson's I saw a great mob; I went to assist Mr. Johnson; the prisoner said, as he had only taken the watch off the hook and not out of the house, it was but a misdemeanor; and he could only be imprisoned six months.

PRISONER's DEFENCE.

I am innocent of the charge.

GUILTY .

Tried by the First Middlesex Jury before Mr. Baron HOTHAM .

[Branding. See summary.]

[Imprisonment. See summary.]

461. JOHN JONES was indicted for that he in the king's highway, in and upon Jarvis Buck junior did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a pair of silver shoe buckles, value six shillings, the property of the said Jarvis , May the 12th .

There was no evidence to affect the prisoner.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. Baron HOTHAM .

462, 463, 464. JOSEPH BLANN , otherwise BLAND , BENJAMIN HARLEY , and THOMAS HENMAN were indicted for that they with certain clubs and sticks feloniously, wilfully, and of their malice aforethought did strike and beat Joseph Pierson in and upon his head, face, arms, back, stomach, belly, sides, and legs, thereby giving him several mortal bruises in and upon his said head, face, &c. of which he languished from the 12th of April until the 10th of May, and then died .

Joseph Bland was charged with the like murder on the Coroner's inquisition.

WILLIAM ANCHOR sworn.

I am a custom-house officer.

Did you know the deceased, Pierson? - Yes.

What was he? - A custom-house officer : upon the 10th of April last between ten and eleven at night we had intelligence of some run goods coming to Deptford; Richard Burr , William Bacon , Joseph Pierson the deceased, and I, proceeded to the place; we went to the turnpike in the road towards Blackheath; we waited there some time; then we saw two men come down from the road which reaches from Blackheath to the turnpike; it was then near twelve o'clock; those two men seemed to be in liquor; they ran against Mr. Pierson and me, and said, How many are there of you? Joseph Pierson replied, what is that to you? we are not troubling ourselves with you, you may go about your business: they walked from us twenty or thirty yards, and then gave a loud whistle or two; upon which we all went up towards Blackheath, thinking to meet the smugglers with the goods; but not finding any, we turned to the left into a road that leads, I believe, to Deptford new town; and some time after we came round to the same place we were before at; we waited there for about twenty minutes, then there came past ten or twelve men from Blackheath; they had no sticks or any thing; they passed us and went into Church-street: two men that were in the rear stopped behind the rest; we went up to them and asked them what they were waiting there for? they said, what was that to us? we asked them whether they were waiting our motions or not? we suspected by their being there, that the goods were a coming that road; in the space of about twenty minutes some men returned, to the amount of about ten or a dozen; I am certain there were not less than ten.

Were they the same men that had passed you before? - That I am not sensible of: they came up with bludgeons and sticks; one cried out, Here they are: they immediately knocked down Mr. Bacon; Pierson and I took towards the watchmen; Mr. Burr made his way, and several of them after him, towards Duke-lane; immediately we went to the watchmen; we had not been there a minute before three or four of them surrounded Pierson and me as we stood against the wall; we desired them to keep off or we would shoot them.

What arms had you? - We had each a pistol; but not with any intent to fire.

Were they charged? - I believe one was, but I will not be certain; they said, B - t you, ye dogs, we will sacrifice you: in the space of about six minutes afterwards six men came up to their assistance; I said to Joseph Pierson , which way shall we proceed? he said they are gone, the best way will be to proceed to the watch-house, and make our escape as well as we can: our own party had left us, we could see nothing of them, it was prodigious dark; then six men came to the assistance of these men; upon which we took to our heels in order to get to the watch-house; we proceeded down Church-street; they set up a cry immediately and followed us: at Trinity-alms-houses at Deptford I ran against the chain, and then one struck me; I got under the chain and followed Pierson, who kept strait on; I got under the chain and kept close under the wall, following Pierson towards the old church; when we came upon Deptford-green we desired them to keep back; they were then very near us.

How many might there be then? - To the amount, I believe, of six or seven, I cannot justly say; Pierson said to me, follow me, I know the way; we went down towards Deptford-green; after we came upon the green, instead of keeping strait on, he went into a turning that goes towards Hughes's-Field; I kept strait on the green; I heard him, but could not see him, it was so dark: of the people that were pursuing us, some followed me, others followed him, three followed me; I heard him cry out, O dear, at the first blow; I suppose they struck him as he was going into the turning; I did not hear any blow; I never heard no more of him till I saw him going into the boat.

What time of night do you think it was when you parted? - Half after two or thereabouts.

What time was it when you saw him going into the boat? - About half after four, about an hour afterwards; I came up to the London-hospital with him; I perceived he was violently wounded; he had many cuts upon his head; Mr. Dickerson the surveyor of Deptford had had him dressed by a surgeon before I came up. He died upon the 10th of May at near eight o'clock.

Did you know any of the people that were pursuing you? - I cannot recollect them; I never had any sight of them before to my knowledge.

Have you had any sight of them since so as to be able to identify their persons? - To the best of my knowledge Henman is one, but I cannot be positive to him.

Was he dressed then as he is now? - He had a frock on, and he kept down his head in his bosom to the best of my knowledge.

Is he the only one you can speak to even in that way? - Yes.

Cross Examination.

You say it was so dark you could not see that chain? - No.

Nor you could not see Pierson? - No.

WILLIAM BACON sworn.

I am a custom-house officer; I attended at this time to search for smuggled goods: when we were at Deptford, we proceeded to the turnpike leading to Blackheath, where we waited some time, I believe an hour, or an hour and half; between eleven and twelve two men came through the turnpike, who spoke to the deceased, and Mr. Anchor; we were apprehensive they would ill treat them, therefore we came out to them; we were standing by a house, they immediately withdrew about a stone's cast, and gave a whistle, upon which we all four proceeded towards Blackheath; we imagined the smugglers were coming down the hill; when we could see nothing of them, we turned several different turnings to the right and left, at length we came up to Deptford Upper Town again, and at last came to the place from whence we set out; we saw a watchman, we asked him if he had seen two men go past him; he said, yes, they went down Church-street; we waited about half an hour in Deptford Upper Town, under a butcher's shamble, when we saw six, seven, or eight men pass us without any arms, and go down Church-street; the two last men stopped behind, then we withdrew to some elm-trees that were about a stone's cast from us: we asked the watchman what those men were, he said they were riggers come from Woolwich-yard; we did not suspect that these were smugglers; we stopped about twenty minutes at the elm-trees, then we saw about a dozen men coming up Church-street, every one of them armed with a stick or bludgeon; they said, Bugger them, here they are; they came up to me, I kept my back against one of the trees, I said, gentlemen, keep off; they surrounded the tree, and drove me from it, and knocked me down; I was senseless some time with the blow; after I got up again, I was among the crowd of them.

Was any noise made by any of these persons? - Yes, they gave a war-hoop, something of a whistle, after they came up; they have a particular method of whistling, they clap their knuckles up to their mouths, and make such a shrill noise, that they may be heard for a mile or two. I saw Mr. Burr knocked down on one side of me; while I was knocked down, the other man got off; Mr. Burr and I ran to the right; after some little way, Mr. Burr turned to the right, and I kept strait on.

Though you do not know who the men were, did you observe the dress of any of them? - There were two dressed like two of the prisoners, Henman and Harley, but I cannot swear that they were the people; it was a darkish morning.

In what respect were they dressed like these two men? - They were dressed in white frocks; they had flapped their hats over their faces.

RICHARD BURR sworn.

I was one of these officers; I was knocked down by the side of Mr. Bacon; I heard the last witness, every word that he said all came under my knowledge.

You know none of the prisoners? - No.

SAMUEL WHITING sworn.

Did you know Joseph Pierson ? - No.

Do you remember the time in April last when the officers were beat in the night? - Yes.

Was you at Deptford at that time? - Yes.

Who with? - Along with those people that beat him.

Name them. - There was one Gypsey George, who is not taken, Edward George , Thomas Henman , Robert Harley , and Benjamin Harley .

What time was this you are speaking of? - About the hour of three in the morning. Edward George came to my house by the Tide-mill, and left word for me to go down to the King's Head; I went thither about eleven o'clock, where I saw Gypsey George, Edward George , Benjamin Harley , Thomas Henman , and Robert Harley , and some whom I did not know; there was one Long George, a butcher, there; they said to me, you are come too late; we have just emptied the bottle of gin, or you might have had some.

Who keeps the King's Head? - I do not know his name. Gypsey George fetched another bottle of gin; they drank that; they staid an hour, I believe, and then went out; they went up Church-street, searching all the places after these officers; they staid about the Broadway some time; then Gypsey George said, we shall not meet with them to-night; come home, and I will give you some gin, and then we will part and go to bed; in the mean time two men knocked at Gypsey George's door, Gypsey George opened the door, and let them in; they said they wanted some money; they all had a glass of gin a-piece, and they set off to seek these custom-house officers.

How many might there be in the whole? - I believe ten in the whole; they went immediately over the bridge, where, they said, the officers were gone; then they divided into two parties, one went towards Blackheath, the other towards Greenwich; soon after, those that went towards Greenwich came back, and waited till the other party came to them; then they came all together over Deptford-bridge, and went down Church-street; two men that had staid behind, came up and said, they saw the officers run to the butcher's shambles just over against where the watchman stood.

Can you tell their names? - No; Gypsey George said, There are enough of us now to go and lick them; Gypsey George came up the street to where the officers were, by three elm-trees, and the other party followed; as soon as Gypsey George came up to the elm-trees, he made a loud alarm, and immediately knocked one man down with his stick.

Who was there at that time? - All of them; we lost them all for that time; we heard an alarm of them in Church-street; we ran down after them; then I saw Gypsey George take down Hughes's Field; when he came down to the bottom of Hughes's Field, he seized Pierson by the collar, and said, if he did not tell his name, he would cut his throat.

Who were with him? - The prisoner and myself; Gypsey George knocked Pierson down, and the other three came up and beat Pierson as he lay upon the ground.

Name their names? - Robert Harley , Benjamin Harley , and Edward George ; they beat him, I suppose, for very near a quarter of an hour.

Did he say any thing? - Gypsey George said, D - n his eyes, if you kill a dozen of them, there is no sin in it. Pierson begged for mercy; he begged of them not to beat him any more, for he said he had a wife and four small children.

Are you sure Benjamin Harley and Thomas Henman were there at that time? - I am; they went away from him about forty yards; then Gypsey George said, D - n his eyes, he has not got enough, let us go back and beat him more; Gypsey George went back and hit him several violent blows.

Did any body else go back with him? - Yes; Benjamin Harley and his brother begged very hard of Gypsey George not to beat him any more.

What did Henman do? - He said nothing.

Did Pierson say any thing more? - He cried and groaned; Gypsey George said, Come up, my men, and hit him a blow a-piece for me.

Were any more blows given by any body? - They struck him again after Gypsey George had been back and given him these violent blows, they accordingly did give him a blow a-piece: Edward Johnson and Thomas Henman hit him two blows over the head.

Were any other blows given by any body else? - No; Pierson begged for mercy, Benjamin and Robert Harley did, then we all came up into the Broadway; Butcher George came up, Gypsey George said to him, D - n your eyes, go down to town and pick up the dead.

Had you met any body before this? - We met two people who were going home, James Greenrod and John Rolfe .

What passed when you met those two men? - Only those words; they went back home with them to have a dram; Gypsey George asked them to go home with him.

Gypsey George knew them? - Yes; they are neighbours.

Where is Gypsey George's house? - In Mill-lane, Deptford, just by there.

Did all the company go to George's house in Mill-lane? - Yes; and these two men.

You drank gin there? - Yes.

What was said then? - After they had drank the gin, George said, I have picked up one of their hats, I do not know whose it was: he gave half a crown to Robert Harley , Benjamin Harley , Edward Jones , and myself; he gave three shillings to Thomas Henman .

Was the expression go down and pick up the dead before or after the money was given? - Before; it was before we went into George's house; it was almost directly after we met these two men, before George asked them to go to his house.

How came he to give three shillings to Henman, and half a crown to the rest? - I cannot say; he did not give any reason.

From HARLEY. Whether you did not say that I was innocent, that you swore to me because you could not find out Gypsey George and the rest? - I never said that.

HARLEY. He said he swore against us to save himself. - I never said any such thing to any body.

HENMAN. He said, last Friday morning, at the cage, before three or four people, that we were as innocent of it as a child, only he swore to us because he could not find Gypsey George. - I never said any such thing.

Counsel for the Crown. Was you taken into custody, or did you voluntarily surrender yourself? - I fetched the officer out of the church as soon as I heard the party was dead, and surrendered myself up immediately.

JOHN DICEY sworn.

I am a waterman, and live at Deptford.

Do you remember hearing any noise near your house on the 11th of April? - Yes; I was lying in bed; I heard a great hallooing, and a noise in the street; presently I heard them driving a man about, and could hear them beat him; the man ran by my house, and all the people, and at last I heard them making this noise ten or twelve minutes, I believe, before I got out of bed, and just about twenty or thirty yards from my house they had knocked this man down: I heard the poor man begging for his life.

Who was that poor man? - Joseph Pierson ; when I heard this man say, Pray, gentlemen, spare my life, I could lie in my bed no longer, but I ran down, opened the door, and ran up to the man's assistance as near as I could go, and they ran away and left the man; but who they were I do not know.

How many might there be? - There might be four or five, or three or four, I cannot justly say.

When you came up to the man, did you know who it was? - Not till I asked him. I found him lying upon his back, with his head and shoulders up agains t one Mr. Savage, a custom-house officer's gate, who was talking to him out of the window; he was most terribly beat, and all over blood: one Mr. Mitchel, a publican, came to my assistance, and one John Wright , and they got him up; I ran in doors, and got a candle, and took him into my house, and then I sent this John Wright for a surgeon; the surgeon refused to come because he was at my house; I went and called up Mr. Dickerson, a surveyor of the town, to get a surgeon.

Why would not the surgeon come to your house? - I do not know; I called up Mr. Dickerson, then we went to the same surgeon, and he came to my house; before that I went out into the street with a candle to seek for Pierson's Pistol, as he said he had dropped his Pistol; I found it, and brought it to him: it was charged, but there was no flint in it.

Did you know any of the people? - I could not swear to one of them; Mr. Dickerson asked him how he could be beat in such a barbarous manner without discharging of his pistol, he made answer, he was loth to take life, though they took his.

BARBARA DUDLEY sworn.

I live in Hughes's Fields; I heard the noise in the night of the 11th of April, it waked me out of my sleep: I got up and went to my chamber-window; I heard a person desperately beating a poor man, he cried out terribly now and then, O you will kill me, I have enough, I have enough, do not beat me any more, I have enough; while I was looking, I heard five or six men run by, but I cannot tell who they were; they ran towards the man that was beating.

Was it one, two, or more? - I heard the blows, I cannot say how many were beating him; just as the men came opposite to me, one said to the other, D - n you, come along, you cannot run; when they came lower, this person that was striking the poor man said, Now, my lads, give him every one a blow for me, and that will do for him; after that every one that ran down took a stroke as near as I could tell the strokes; he cried out terribly, the groans would pierce any one's heart to hear them, O you'll kill me, I have enough, I have enough; I saw the same number come back by my window; I went down, and my next-door neighbour said, are you not ashamed of yourselves, you murdering villains? They d - d her eyes, and bid her get in, or they would break her windows, for she had no business with them.

JAMES GREENROD sworn.

I am a coal-porter, and live near the Tide-mill at Deptford.

Do you remember when the misfortune happened to the poor man Pierson? - Yes.

Who was with you? - John Rolfe ; it was between three and four in the morning; we had been to the lime-kilns, and were going home, we met Gypsey George, Robert Harley , Benjamin Harley , Samuel Whiting , Edward George , and Thomas Henman , they had all sticks in their hands; they asked us where we had been, we told them we were just going home, that we had been to get some gin in the Broadway, but no one was up; Gypsey George said, if we would go back with him, he would give us some gin.

You knew him before? - I knew them all before; we all went together to Gypsey George's lodgings in Mill-lane, we had two glasses of gin a-piece there; when we went in, after Gypsey George had given us the gin, he gave the two Harleys, Edward George , and Samuel Whiting and Henman, money, he gave four of them half a crown each, and one three shillings; I believe it was to Henman that he gave three shillings, but I am not sure.

Did he say what he gave that for? - He did not mention that.

What did he say after that? - We had another glass of gin a-piece, and then we parted; he said, Go down the town and pick up the dead.

Who did he say that to? - To all of them.

JOHN ROLFE sworn.

Do you remember being at Deptford when Pierson was so beat? - Yes; I was with Greenrod.

When was it? - Upon Friday morning at between three and four o'clock we met them at the Tide-mill.

Is that near Hughes's Fields? - No; about half a mile off, we met Gypsey George, the two Harleys, Samuel Whiting , and Henman. I have been a neighbour to them for ten or twelve years; Gypsey George asked where we had been, we said into the Broadway to get some gin, but there was not any body up; he said come along with me, and I will give you some gin; we went back again with them to Gypsey George's house in Mill-lane; he locked the door when we were in, and he gave each of the company a glass of gin a-piece, then he went up stairs for some silver, and gave them half a crown a-piece, except one, who had three shillings; after he had paid the money, he gave us another glass of gin, and then he said, Go down the town and pick up the dead.

Mr. JOHN FRANKS sworn.

I am a surgeon, and live at Deptford.

Do you remember being sent for to this Pierson? - I was; it was three or four o'clock in the morning when the accident happened; I was sent for to one John Dyson 's house in Hughes's Fields; there I saw Pierson, he had four terrible large wounds in his head; I dressed him, and ordered him to the hospital.

Were there any other wounds about him? - I did not examine any other parts; he complained he was bruised much in his hands and legs.

And did not you examine him? - No.

Mr. GEORGE NEAL sworn.

I am a surgeon at the London-hospital.

I believe you attended this poor man? - Yes; he had three or four very dreadful wounds upon his head; he was very badly bruised upon his breast, in short there was not a free place but what was beat and bruised in a very bad manner, even so that I asked leave of the governor to suffer his wife to be with him; she was with him all the while he was there; he was so bruised that he could not stir himself the least in the world; his head, the os frontis, the forehead was laid bare, the occipitis was cut, his breast was dreadful, his right arm was so bruised that we laid it open; there was a large extravasation of blood daily.

How long did he live in the hospital? - About a month.

Did he die of these wounds? - Certainly; I begged leave that the poor woman, his wife, might be indulged in staying with him, and she did not leave him the whole time.

Did he give any account how he came by those bruises or wounds? - I never asked him about that; there was a deposition taken by two magistrates.

He was in his senses? - Yes, always.

JOHN SHERWOOD , Esq. sworn.

This is the information (producing it) that I took from the deceased in the London-hospital; he was in his perfect senses at the time he gave it.

The Information read.

Signed the mark of Joseph Pierson , sworn at the London-hospital before us John Sherwood and William Blackmore .

Middlesex, to wit.

"The information of

" Joseph Pierson , officer of his Majesty's " customs, taken before us John Sherwood

"and William Blackmore , Esquires, two of

"his Majesty's justices of peace for the said

"country, at the London-hospital, 20th of

"April 1776, who on his oath says, That on

"Thursday evening the eleventh instant he

"this deponent, Richard Burr , William Bacon ,

"and William Anchor , having an information

"of a large quantity of run goods,

"went as their duty, with an intent to seize

"the said goods, at about one o'clock the

"next morning; when two men came through

"the turnpike leading to Blackheath, and

"when they saw us gave three whistles, and

"in about twenty minutes there came to near

"the number of twenty men, armed with

"sticks and bludgeons, and attacked this deponent

"with the other officers above-mentioned,

"without any provocation whatever,

"and violently bruised, beat, and wounded

"this deponent, crying out at the same time,

"let us every one have another blow at him

"for liberty; and this deponent says, he doth

"not know the names of any of the rioters

"aforesaid; and that he now languishes, and

"his life in the utmost danger in consequence

"of the assault aforesaid."

HARLEY's DEFENCE.

I was at home and abed at twelve o'clock that night; I never went a smuggling or was in company with a smuggler half an hour in my life.

HENMAN's DEFENCE.

I was at home in the morning between one and two o'clock; I have witnesses here to prove that.

Court. I don't call upon Bland to make his defence, because there is no evidence to affect him.

FOR HARLEY.

AMELIA TOAM sworn.

I live at Deptford.

Do you follow any business? - No otherwise than go out to needle work at times.

Are you married or single? - Single.

What have you to say for Benjamin Harley ? - I was at the house where he lived; he happened to be out; the landlady sent me to see after him as he staid out later than usual; it was of a Thursday night about six weeks ago; I went to see after him and met him in the Broadway coming home, that was between ten and eleven o'clock; I took hold of his arm, he said he was going to see after a barge of bricks and dung; the bricks were not come up, and he came home directly; he was to go to heave them out of the barge the next day; I live in the same house with him; when we came to the door the people were gone to bed; we called to the landlord, he said it was a late hour to come home; Harley said it is but just eleven o'clock; the landlord made answer that the bell had just rang at half after eleven; the landlord came down with the key in his hand and let him in.

You are sure it was a Thursday night? - Yes.

Do you know the time when Pierson was killed at Deptford? - I cannot tell any thing about that.

Cross Examination.

So you don't know the time when Pierson was killed? - He was killed by all account on the Friday morning, as he was out on Thursday night.

When was you first desired to remember the time? - I never heard of it till he was taken up the last week; I heard the gentleman was dead, but I don't think Harley was guilty of the crime; if he was he might have got off.

When did you first hear of Pierson's death? - Last Friday was a week.

You heard of his being beat before? - I heard of a gentleman's being beat.

But you did not hear of Harley's being accused? - No.

But how came you to remember that this was that night before this gentleman was beat? - I don't remember any more than what the people said that he was beat the night before that morning; we heard of the gentleman being hurt on the Friday morning.

You did not hear that it concerned Harley? - No; I saw Samuel Whiting clap his hand upon an iron bar, and he said, Benjamin Harley is as innocent as these iron bars; that was this day week.

Where was Whiting? - He was in the same cage; he said Harley has no call to be afraid, he is as innocent as these iron bars.

Did not you understand at that time that Whiting had surrendered himself of his own accord and had accused Benjamin Harley ? - He had so.

Then he told you, that what he had said before was false? - Yes.

ROBERT GEORGE sworn.

Are you any relation of the man that they call Edward George , or Gipsey George? - I am brother to Edward George ; I heard this Whiting say that Benjamin Harley was as innocent as the iron bars; this was on last Friday morning.

Was it before or after that he went to the justice of peace? - Before; I was outside, Whiting and Benjamin Harley were within.

ANN HATTON sworn.

I know Mr. Harley to be a very sober honest man, as far as I know, in all respects.

Do you remember the time when Pierson was killed at Deptford? - No, only the talk of the neighbourhood that he was killed upon a Thursday night; Harley was at home by twelve o'clock that night that it was thought this man was killed; I came down myself to let him in.

Was it before or after twelve? - The clock struck twelve as I was getting into bed after I had let him in.

How long was that after he came in? - A very short time; I went up to bed directly.

Do you know what day of the month it was? - No, it was in the Easter holidays.

Who came home with him? - This girl, Amelia Harley .

What is she this man's wife? - No.

Does she go by his name? - No.

Why did you call her Harley? - I meant Toam; I mentioned the name Harley by mistake, having been speaking about Harley.

What are you? - I work in a garden; my husband drives a team.

What was done with the key of the house after you let this man and the girl in? - I locked the door and took the key up with me as usual.

Can the door be opened inside without the key? - No.

You don't know of his being out that night after that? - No.

THOMAS OVERTON sworn.

I heard Samuel Whiting mention that they were both innocent, and Gipsey George was the man that committed the crime; he said that in Deptford cage between five and six in the morning; he said Gipsey George was the man that hit the last blow.

What are you? - A labouring man; I work in the brick fields in summer, and sometimes work for him in the winter.

WILLIAM HARLEY sworn.

What relation are you to the prisoner? - Brother to him; I went to the evidence in Clerkenwell-bridewell, and asked him the whole of the affair; he told me last Tuesday that the principal man that was concerned in the affair was Gipsey George; that Gipsey George, one Butcher George, and one Ned George , that after they had beat him and come away, that these three went back again and beat him after the rest had left beating him.

Who did he mean by after the rest had beat him? - He said that both Bob and Benjamin Harley cried for mercy upon him.

Then he was there? - I don't know that he was there.

He could not cry for mercy if he was not there? - Whiting told me that he said before justice Sherwood that Harley was innocent.

Court. Mr. Sherwood, this man says that Whiting said he had said before you, that Benjamin Harley was innocent.

Mr. SHERWOOD. Whiting positively declared that Henman and Harley were the men, but that Bland was innocent.

FOR HENMAN.

HANNAH CAMPBELL sworn.

I live in Church-street, Deptford.

What business do you follow? - Nothing but my hard labour.

Do you let lodgings? - Yes.

Have you any thing to say for Thomas Henman ? - I have nothing to say; he came in a quarter before two as near as I can guess; my little girl let him in.

What night was this? - The Thursday night about six weeks ago.

Do you know the time that Pierson was beat? - I heard of it the next morning.

How came you to say as near as you can guess about two? - I heard the clock strike soon after he came in; I was between sleep and awake; I told but two, whether it had struck before or not I cannot tell. Whiting told them it was not worth while to make themselves unhappy, that they would both be back again at night, and not to make themselves uneasy; that was the next morning after they were taken; they were handcuffed together.

Who were they? - Henman and Harley.

Did he say he was innocent himself? - No, he did not say any thing about it.

SARAH FRENCH sworn.

I was at the cage window pouring him out some beer: Samuel Whiting fell a crying, I asked him what he was crying for? he said, never mind it, lads, God Almighty will send you out of your trouble, your are both innocent.

When was this? - Last Friday morning.

Cross Examination.

They were all three in the cage together at that time? - Yes.

ELIZABETH RICHARDS sworn.

When he came up with the prisoners, he came to take leave of us; Whiting made answer, never mind, my girl, he will come up again to night; they are both innocent.

Cross Examination.

Where did he say this? - At Mr. Campbell's house.

They were all three handcuffed together? - Yes.

CHRISTIAN WILSON sworn.

The men were handcuffed going out of the house; I was following them, Whiting said, don't make yourself uneasy, they will be cleared, and be back at night.

BLAND NOT GUILTY .

HARLEY GUILTY . Death .

HENMAN GUILTY . Death .

They received sentence immediately (this being Friday) to be hanged at Tyburn the Monday following, and their bodies to be afterwards dissected and anatomized; which sentence was executed upon them .

Tried by the First Middlesex Jury before Mr. Justice ASTON.

465. JOHN MAYO was indicted for that he in the king's highway, in and upon James Jay did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a pair of metal buckles, value two shillings, a metal watch, value forty shillings, three guineas, and twenty-six shillings in money numbered, the property of the said James , April 27th .

JAMES JAY sworn.

I was robbed at Bayswater on the 24th of April, at about eight in the evening, by the prisoner at the bar of my watch, three guineas, twenty-six shillings, a pair of buckles, and a pocket handkerchief, which is not mentioned, I believe, in the indictment; the watch case was metal gilt, and a gilt chain.

Was there any person with you at the time you was robbed? - I was by myself on foot; there was another person in company with the prisoner; I should know that person if I was to see him; I understand he answers to the name of Richardson.

Have you recovered any of the things again? - No, none of them.

Have you ever seen them at any time since? - No, never; I heard that my watch had been sold to a Jew with a watch of Captain Young's who has been robbed.

When did you see the prisoner after the robbery? - I believe that day week at Sir John Fielding's.

When did you first receive any intelligence about the prisoner? - On the Wednesday after the robbery, I took the first coach on the stand, and went and gave information at Sir John Fielding 's, and left a direction where I was to be found, and, on the Wednesday following, Sir John sent for me, and ordered me to be there by eleven o'clock; I went and found the prisoner in custody; I attended the examination.

What passed at the examination? - I believe the prisoner was not asked any questions.

Did you at any time swear to the prisoner? - I did; when I went in to Sir John Fielding 's, the prisoners were brought in, and I immediately knew the prisoner at the bar to be the person that had robbed me.

Can you positively take upon you to say that the prisoner is the identical person that robbed you? - The prisoner is the person that put both his hands in my breeches-pocket, while the other held me; I observed them look at me before I came up to them, which drew my attention to them; they came up to me, and the other struck me up against the bank, and said, D - n your eyes, your life or your money.

Did the prisoner say any thing to you at the time they robbed you? - I don't recollect that he said any thing; after they had taken my money, they stooped for my buckles; I said, Gentlemen, don't use me ill, my buckles are of no value: Richardson said, B - st your eyes, if you say a word I'll blow your brains out; after they had taken my buckles, the person who is not taken, took me by the shoulder, and Richardson struck me on the side of the face with a stick, and said, D - n your eyes, you shall not look this way, look towards London: there was a post-cha ise coming, I heard it near at hand; they left me directly, I turned again, and went to my friend at the sign of the Crown, and told him I had been robbed; I had not left the house above five minutes: the prisoner took the buckles out of my shoes, and some keys out of my pocket, which they put in again. Here is a person in court they offered my watch to that evening.

How do you know it was your watch; did you see it? - No.

PRISONER's DEFENCE.

I know nothing at all of the robbery.

GUILTY . Death .

Tried by the First Middlesex Jury before Mr. Baron PERRYN .

See No. 444 in the preceding number.

466. JOHN BLACKWELL was indicted for breaking and entering the dwelling-house of Thomas Stratton , on the 30th of April , about the hour of ten in the forenoon, and stealing a brass barrel pistol, mounted with brass, value ten shillings, the property of Thomas Stratton ; four linen shirts, value eight shillings, and three linen handkerchiefs, value three shillings, the property of George Turner , in the same dwelling-house .

ROBERT WALKER sworn.

I am servant to Mr. Stratton, at Hackney; George Turner is Mr. Stratton's Coachman; the things mentioned in the indictment (repeating them) were taken out of the lodging-room over the coach-house; I saw the prisoner jump down from the window, I pursued him, and took him, he threw the bundle out of his hand; he had the pistol in his hand when I took him: I have had the care of the things ever since.

[The pistol was produced in court, and the witness deposed that it was Mr. Stratton's property.]

GEORGE TURNER sworn.

I am coachman to Mr. Stratton; I lodge in the room over the coach-house; the things belonging to me were in my box, locked up; on the 30th of April the box was broke open.

[The box was produced in court, and deposed to by Turner.]

PRISONER's DEFENCE.

I leave it to the good gentlemen of the jury; I have no witnesses.

NOT GUILTY of breaking and entering the dwelling-house, but GUILTY of stealing the goods .

Tried by the Second Middlesex Jury before Mr. RECORDER.

[Branding. See summary.]

[Imprisonment. See summary.]

467. WILLIAM DAVIS was indicted for stealing eight guineas, and a half guinea, the property of Nicholas Gotts , in the dwelling-house of Francis Morris , April the 27th .

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

NOT GUILTY .

468. WILLIAM BRANDFORD was indicted for stealing two pair of mens leather shoes, value two shillings, and 360 half-pence, the property of James Finch ; a three pint glass bottle, value six-pence, a pint of brandy, value one shilling, a tin canister, value four-pence, a pound weight of green tea, value eight shillings, a pair of half leather boots, value three shillings, and two pair of mens leather shoes, value two shillings , the property of William Kitchiner , March the 18th .

"None of the things mentioned in the indictment

"were found, but the bottle

"and canister, in the lodging of the prisoner,

"which the prosecutor could not undertake

"to swear to, and there was no other evidence " to bring the charge home to the prisoner."

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

469. WILLIAM NICHOLSON was indicted for stealing a silver watch, value forty shillings, a steel chain, value six-pence, a steel watch key, value one penny, and another steel key, value one penny , the property of William Tandy , May the 9th .

"The prisoner was the brother in-law of

"the prosecutor; the only evidence against

"him was a confession that he took the watch,

"but meant to return it, and it appeared his

"brother had often let him wear it.

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

470. FRANCES the wife of ELIAS BARLOW was indicted for stealing three linen curtains, value six-pence, a linen sheet, value two shillings and six-pence, two copper saucepans, value two shillings, a feather bolster, value eighteen pence, a copper stewpan, value one shilling, and two flat irons, value one shilling, the property of Jacob Otto , being in a ready furnished lodging, let by the said Jacob by contract to the said Frances, against the statute , May the 5th .

MARY OTTO sworn.

I am the wife of Jacob Otto ; I let a ready furnished room, up three pair of stairs, to the prisoner, at half a crown a week; the things mentioned in the indictment were in the lodging; I went into the room and missed the things; I asked her what she had done with them; she said she had pawned them; I have recovered several of them.

[ Robert Arlz , a pawnbroker, produced the curtains and sheet, which had been pawned with him by the prisoner, and they were deposed to by the prosecutor.]

PRISONER's DEFENCE.

I pawned them with an intent to fetch them out again, but my landlady took me to the watch-house and would not let me.

GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

[Branding. See summary.]

471. GEORGE GRACE was indicted for stealing a guinea the property of John Staneford , May the 10th .

"It appeared upon the evidence that the

"prisoner changed half a guinea with the prosecutor,

"and had the guinea given him thro'

"mistake among the silver."

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

472. HENRY JORDAN was indicted for feloniously being found at large before the expiration of the term for which he had been ordered to be transported , April the 6th .

The Record of the prisoner's conviction for a capital felony was produced and read, and also his majesty's pardon on condition of transportation for fourteen years, which had been accepted of by the prisoner.

PERCIVAL PHILLIPS sworn.

I am a constable; I belong to Sir John Fielding ; I know the prisoner; he was tried for a highway robbery upon Mr. Hoare; I apprehended him; I am sure he is the man.

MATTHEW RICHMOND sworn.

I produced the watch when the prisoner was tried; I am sure he is the man that was tried for robbing Mr. Hoare.

JONATHAN BUTTERWORTH sworn.

I had a letter from Sir John Fielding , informing me that the prisoner had made his escape, and ordering me to make diligent search after him; I took him the next day at Manchester, making a woman's shoe.

PRISONER's DEFENCE.

When I came from on board of ship, I did it for fear of my life; there were twelve of us upon deck, and one Smith threatened to cut every one's throat that would not go into the boat, and come on shore. I went down to Manchester to follow my business.

GUILTY . DEATH .

Tried by the Second Middlesex Jury before Mr. RECORDER.

473. JOHN BROWN was indicted for stealing a watch, with an inside case made of silver and gilt with gold, and an outside shagreen case, value forty-five shillings, a steel watch-chain, value two shillings, a chrystal stone set in gold, value twenty shillings, the property of William Mitchel , in the dwelling-house of the said William , April the 20th .

ELIZABETH MITCHEL sworn.

I am the wife of William Mitchel , who is a serjeant in the guards , and lives in Petty-France ; upon Saturday was month I went out about four o'clock; I shut my door, and locked it, I left no one in the house; I came home about six o'clock, and found the door open, the lock was bent, and the staple broke in the middle; when I went up stairs I missed my watch, which used to hang by the fire-place.

[The watch was produced in court, and deposed to by the prosecutrix.]

ROBERT MINNS sworn.

I am a pawnbroker in Petty-France; the prisoner at the bar and one Scandal, who stands here, came to my shop on Monday the 22d of April, about seven in the morning; Scandal produced the watch, but the prisoner said the watch was his property; I opened the watch, and asked a good many questions about it; I found it was not his own, for he said he did not know whether it was gold or no; I had received an information of a watch being lost; I stepped with the watch to Mrs. Mitchel, she owned the watch; when I came back again, these two men were standing in the street; they were taken up and carried before a magistrate. Scandal asked if I would lend a guinea upon it, for that the prisoner had pledged it before, and had taken it out and brought it, but they did not know what was the value of it.

THOMAS WATSON sworn.

On Saturday this Brown, the prisoner, came by the door where I was, a dust-man informed me he had a seal to sell; Brown brought the seal to me, and asked me to buy it; I said I did not want to buy it; I asked what he would take for it, he said a shilling, I gave him six-pence; I did not know what it was worth.

[The seal was produced in court, and deposed to by the prosecutrix.]

PRISONER's DEFENCE.

I found the seal in the Broadway, Westminster.

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

Tried by the Second Middlesex Jury before Mr. Justice ASTON.

[Branding. See summary.]

[Imprisonment. See summary.]

474. JOHN STORER was indicted for that he, on the 27th of April , feloniously, wilfully, and maliciously did mix and mingle and make up into a certain horse-ball, a quantity of arsenic with divers other ingredients, and afterwards on the same day feloniously did give and administer the same unto a certain bay horse of the price of 20 l. the property of Samuel Whitbread , Esq ; and did force the same down into the body of the said horse, whereby the said horse became variously ill and distempered in his body, of which he languished unto the 29th day of the same month and then died, and so the Jurors say that the said John Storer did kill, poison, and destroy the said horse, against the statute, &c .

2d Count. That he one bay horse of the price of 20 l. the property of Samuel Whitbread , in the stable of the said Samuel, wilfully, maliciously, and feloniously did kill and destroy, against the statute.

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

JACOB YELLOWLEY sworn.

I am clerk to Mr. Whitbread: last winter at the time of the severe frost, when the street was very slippery, Mr. Whitbread had a horse lamed; this horse was put under the care of John Edwards , Mr. Whitbread's farrier, for cure; he was under his hands for a considerable time and grew worse, and Edwards said he could do no more; one Mr. Buckle then had him under his care, and the horse grew better; Buckle, however, was discharged; the horse was again put under Edwards's care, and again grew worse; he was put again under the care of Buckle, and grew better, so that he was ordered to have light shoes put on, and to be put out to grass, thinking that exercise might do him good: I saw the horse on the Saturday, he seemed better of his lameness, but I observed he looked sickly, dull, and heavy about the eyes; on Monday morning I heard the horse was dead; that he died in great agitation of body; on the death of the horse Buckle was sent for; he told me the horse was certainly poisoned; I desired some people might go with him and see the horse opened; they returned with some stuff which they took out of the body of the horse; I did not see it taken out. I made Mr. Whitbread acquainted with the whole matter, and he ordered a warrant to be got and Storer taken up; he worked in Edwards's shop, which is in Mr. Whitbread's yard; I think I saw him at work in the shop on Saturday evening, but I cannot be positive.

Cross Examination.

Was not Edwards taken up on this affair? - Yes, he was; we did not know who to suspect; the suspicion lay mostly on Storer: the business is done in the yard, but the horse that was poisoned did not stand in the yard, but in a stable on the other side of the street.

WILLIAM SCOTT sworn.

I work with Mr. Edwards in Golden-lane: I heard John Storer ask Blanden, in Mr. Whitbread's shop, What is the strongest poison for a horse? I believe it was on a Saturday in the last month; I worked but two days, Friday and Saturday; Blanden said, I cannot tell, I had like to have poisoned myself once by taking mercury; I said, if he had taken arsenic instead of mercury, it would have poisoned him or a horse either, for it was stronger than a caustic: afterwards, about nine in the morning, he asked me to go and fetch him two ounces of yellow arsenic, and he would pay me again what it cost; I went to the chymist's at Barbican, he refused to sell it me; I shewed him my apron, and said I was a farrior, and we used it as a medicine for horses; he went and asked advice, and then came and served me; I pounded it in a ladle and put it in a drawer; I said to the prisoner, Jack, there it is: he said it was very well; I never saw what came of it.

Cross Examination.

Did he say his master had ordered him to get it for any horse? - No, he was foreman of the shop; he said nothing about his master to me.

ROBERT BARNES sworn.

I am shopman to Messrs. Clark and Jacomb, chymists in Barbican: upon the 26th or 27th of April, to the best of my remembrance, Scott came to our shop for two ounces of arsenic; I asked what it was for, as it was a thing we did not sell to any body but farriers and refiners; he said it was for a farrier; he shewed me his apron, and told me he knew how to use it; I heard no more of it till the Tuesday or Wednesday following, when his master, Mr. Edwards, came to me to know if I had served such a person with arsenic.

JOHN BLANDEN sworn.

I work with John Edwards , a farrier, in Golden-lane; I worked at Mr. Whitbread's shop a fortnight or better, I cannot say the time: on the Friday before the horse died the prisoner and I were working together; he said to me, John, do you know what will poison a horse? I said, no, I cannot tell what will poison a horse, I had like to have poisoned myself once by taking mercury; Scott made answer, if I had taken arsenic instead of mercury it would have poisoned me or a horse either; soon after he asked Scott if he would buy him some arsenic: Scott said, if he wanted any he would. On the Saturday afternoon a horse was brought to have a shoe put on; I put it on; I had not nails enough, I went into the shop to point some nails, and saw the prisoner with a ladle before him on the forge; there was nobody at all in the shop; in the ladle there seemed to me to be a ball such as we give to horses that have colds; out of the drawer near the forge he took a paper with brown or yellow powder, and mixed it up together and made a ball, and put the ball he had been mixing in the ladle into a piece of paper, and laid it down upon the vice-bench: I went out to finish putting the shoe on; when I had finished the horse, he told me to go into the stable and put two old shoes on that horse that was lame; I went over with him; he got into the stable; I saw him go up to the horse's head, he had the ball in his hand; I do not know where he took it from, it was the very same ball he had in the ladle; he gave it to the horse; the horse made no resistance at all; then I turned him round to put the shoes on him; I went into the stable and laid hold of the ladle he had made the ball in, it was very nasty; I put it on the fire and wiped it, and put the paper in the fire; I said the ladle was nasty and smelt very strong; he said never mind it: on Monday morning when the horse was dead, he came into the shop where I was at work, and put his hands together and said, I would not have it known I gave the horse any thing for that full of gold; and held his two hands together in this manner (describing it): I never saw him give this horse any medicines in my life before.

JOHN BUCKLE sworn.

I had a horse of Mr. Whitbread's under my care with a fore leg: Mr. Edwards had him in hand, but could not cure him; he gave him up; I took him in hand and got him so well, that he could walk about; Edwards begged to have him again; he had him about a month; in which time he grew so bad that he flung him up again, and in nine days time I got him so well as to be able to go to grass; I was ordered to take some grass at Islington, and he was to come on Monday: upon Saturday morning I dressed the horse, and he was in full health; on Monday morning between four and five o'clock the horse-keeper called me up and told me the horse was dead; I went to the stable and found the horse dead; I clapped my hands on the flanks of the horse and said he was poisoned; then I looked behind at his burden, and he began to purge, and a great deal of stuff came from him: I would not go away till I saw the horse opened; they cut a gut and the stuff ran out; I desired to have the paunch out whole; I took the paunch out whole and opened it with my knife, and upon the point of my knife I saw this yellow arsenic, and the paper; it had been done up in the ball with the paper; it was digested, and there was the paper.

Do you undertake to say the horse died of that and nothing else? - Nothing else at all; I think the man that bought it and pounded it for him was as deep in the mud as he was in the mire; they gave the horse two ounces, an ounce would have done.

Was the horse taking any balls at this time? - None at all; the horse was in good health; this is the stuff (producing it) that I took from the horse; there is yellow arsenic among it: there was a dispute between Edwards and me about the horse; I do not believe the prisoner would have done it if he had not been bid.

PRISONER's DEFENCE.

All I have to say is, it was by my master's orders that I gave the horse this; I asked Scott what the stuff was; I did not know; he said he did and would fetch it for me; it was brought to me made up in a ball; Blanden was not tall enough to give it the horse, and so I gave it him.

FOR THE PRISONER.

JOHN STEVENS sworn.

I am servant to Mr. Whitbread: I saw Edwards give a ball to Blanden on the Sunday morning before the horse died; I did not see it given him.

BLANDEN. There was another horse in the stable that was ill: Edwards gave the prisoner two balls, and bid him give that horse one in the morning and the other in the afternoon.

JOHN LIGHTFOOT sworn.

I heard some words between Edwards and his men in the stable; he said he would not be run down by the old man that had the horse in hand, and called him an old rogue; I did not see any balls given.

CATHERINE NORTON sworn.

Upon the 2d of May Storer's wife came to me and desired me to go with her to receive what trifle of money was due to him; we went to his master, and she asked for the money; he gave her two half crowns which were due to him; I said to him, it was a sad thing this boy was suffering by his order; he made answer, My dear woman, and shook very much, I know nothing of the matter, I knew nothing of its being transacted; he knew it was to be done, but not the time it was to be transacted; had he known it, he would have prevented so many being by when it was done: when he spoke these words, his wife called him back and said, Mr. Edwards, come back, these women are come to take hold of your words: I said, Ma'am, we are not come here to take hold of any body's words; but you have put them in our mouths: then I said to Mrs. Edwards, is not this woman's husband as dear to her as yours is to you? Mr. Edwards said, yes, my dear, he is; he trembled very much and clapped the door against me.

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

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. Baron HOTHAM .

475. JOHN TUNSTED was indicted for the wilfull murder of Grace Clark , widow, by striking and beating her with a stick on the top of the head, and thereby giving her a mortal wound of the length of two inches and of the depth of one inch, of which she languished from the 27th of February unto the 1st of May, and then died .

He was charged on the Coroner's Inquisition with killing and slaying the said Grace Clark .

THOMAS LOVEGRAVE sworn.

I am beadle of St. Andrew's of the liberty of Saffron-hill: I know nothing of the fact; I am bound over to prosecute.

ELIZABETH WEST sworn.

I live at Saffron-hill work-house : the prisoner lives at the same place; he used to cut bread and draw beer; I am one of the nurses in the nursery; I knew the deceased, she was likewise in the work-house: at the latter end of last February Grace Clark came into the nursery to light her pipe between twelve and one o'clock, as near as I can guess; the prisoner's wife, who is the other nurse, and some boys, who were at dinner, and I were in the nursery; just as she had lighted her pipe and was going into her own apartment, the prisoner came and asked her what business she had there? and hit her with a stick twice on the top part of her head; she had not said any thing to him; the blood ran from her head upon her shoulder; I took hold of her by her shoulder and put her into her own ward; she staid a few minutes and came out of the ward again; then he slapp'd her on the face, and she made a curtsey to him and thanked him; we bid her go out into her own ward again; there was no provocation given him at that time; she made him a curtsey and went into her own ward; she died the last day of April: I never heard her complain of these blows afterwards, she seemed to be stupid.

More so than she used to be? - Yes.

Was any thing done to her head? - I don't know that, I cannot say.

THOMAS PROBERT sworn.

How old are you? - Thirteen years.

Do you know the nature of an oath? do you know what would become of you if you was to swear false? - I should be in danger of hell.

Do you remember Grace Clark coming in while you was at dinner to light her pipe? - Yes; Mr. Tunsted hit her twice over the head with this stick; by striking her over the head, the blood ran down her shoulders.

LOVEGRAVE. This stick has been kept ever since at the work-house.

Had the old woman said any thing to Tunsted before he gave her these two blows? PROBERT. Not a word.

Do you remember her coming into the nursery the second time? - Yes, and he followed her again; he hit her once or twice in the landing place as she was going down.

Whereabouts did he hit her? - I did not see.

ANN DUROSE sworn.

The woman died upon the 1st of May.

Do you know whether there was any quarrel between Tunsted and her? - No, she told me before she died, and two or three people in the same ward, that she fell down and hit her head against the bed screw; she said that about a week before she died.

Can you tell what part of her head she hit? - The top of her head; I put a plaister to it: it was about a week before she died that I perceived her head was bloody.

How came she to hit it against the bed-screw? - Her head swam.

Do you know what state of health she was in before that? - No.

Did you perceive any other wound at the time you put the plaister upon her head? - No, I did not.

Was there any bruise where you put the plaister? - I only saw a little hole at the top of her head, and I put a plaister to it; that was all I saw.

Did any apothecary or surgeon take care of her? - No, we did not apprehend that there was any danger at all in it.

CATHERINE HINCKSMAN sworn.

The deceased was brought up to me as nurse in the ward; I was going to put her into bed; I pulled her cap off and I perceived a hole in the top of her head; that was about a week or ten days before she died; the hole at the top of her head was like an issue hole; I said, Grace, you have got a hole in your head, how came you by it? said she, My dear soul, I fell down and hit it against the screw of the bedstead: I got some lint and made a poultice, and put it into the hole of her head, and put a plaister on it.

How long did she live after that? - I believe eight or nine days, and then she died.

Do you know any thing of the condition of her health before that? - She was pretty hearty, but she went out of the house and came in again; she was about seventy years of age: I heard her make no complaint, but she seemed stupid and would ramble; we used to think she made herself wicked; that was about a month or six weeks before she died; she seemed like superannuated, and was very silly about the house.

No surgeon looked at it? - We never heard a word of it she was so stupefied, and so intolerably wicked she would go into any body's place and rob them.

JOHN METCALF sworn.

I am in the work-house: I heard that the prisoner and the deceased had broke one another's pipes; they were both smoakers; I heard a noise; I saw him strike her with a stick four times about the head; this was about a month after the affair in the nursery; she was quite stupefied for a long time afterwards; she lived about three weeks after she received these blows; she struck him three blows.

Who struck first? - He.

What was the occasion of this? - About breaking the pipes; they were both smoaking; they stood close by the fire place.

Whereabouts upon the head did he hit her? - It came down by the side of her shoulders; he hit her upon the head.

Did you see them break the pipes? - No; I was ten yards off.

What did she hit him with? - A broomstick; he hit her with an oak stick that he used to walk with.

Were they violent blows? - They came pretty sharp.

Did it break her head? - I saw no blood; I was not near her.

BIDDY LYON sworn.

The last quarrel the prisoner had, was in regard to breaking her pipe; it commenced upon her stealing a piece of cloth out of his box, and a linen apron of a woman's; she hid it for the space of five or six days; a good woman there found them concealed under the head of her bed; words arose upon that; he gave her a blow upon the shoulder, she up with a broomstick that she had, to strike him again.

How long was this before she died? - It was the 16th of April that happened; Ann Durose found it under her bed; he parried off the blow of the broomstick with his stick.

Was Metcalf by? - Yes.

How many times did he strike her? - I believe twice upon the shoulder; in four or five days afterwards there was a report about the house that Tunsted cut Grace Clark 's head; he came down and said to her, is not this a fine report that I cut your head? she replied, My dear man, you never hurt me; I was taken with a swimming in my head, and fell down against the bedstead, and cut it with the screw: there were several in the shop heard these words besides me.

You do not know how she came to have a swimming in her head? - No.

LEONARD SMITH sworn.

I am master of the work-house.

You knew this Grace Clark ? - Very well.

Do you know any thing of any blows that were given her by Tunsted? - Upon the 19th of April she came out of the fore yard, and sat in the upper yard; our window looks directly where she sat; I saw her cap bloody; I sent one of the women, and went myself; I asked her how she came by that, she said her head swam, and she fell against the bed-screw, and that made her head bloody; the women took her in doors, and dressed her head: she was taken ill on the 25th, and continued so till the 1st of May, when she died.

JOHN DALE sworn.

I did not see this old woman till she was dead.

Do you attend the work-house as surgeon? - No; there is an apothecary attends it; when there are any chirurgical cases that require assistance, they are sent to the hospital; I was called a day or two after the death by desire of the apothecary to inspect her head, as they did imagine it had been the cause of her death; on taking off the cap I saw a small bruise, about the size of a silver groat, exactly upon the top of her head; I took my probe, passed it into the wound, and was very much astonished to find that it went in four inches between the two hemispheres of the brain; I then, in the presence of the apothecary, and some other gentlemen, denuded the skull, by taking off a piece of the scalp; I could not discover any trace of a fracture; the bone was very offensive and very carious about the size of a shilling; I then took out a piece of the bone; I trepanned her; I found the two coverings of the brain were gangreened, and eat quite through; and I undertake to pronounce that that wound, however it happened, was the cause of her death.

By what sort of instrument did that wound seem to be given? - It might be altered in its appearance by being neglected, that it is hard to say; it must have been by a considerable bruise.

You have heard that she fell against a screw of the bed, and that she had two violent blows with that stick that broke her head; did it appear to you that her falling against a screw might occasion this? - It might; it must be some hard body that had done it, whether it was a bed-screw or a stick, or what other body, it is impossible to say; it had been of some standing, the bone could not have been so carious, as it was, soon.

How long would it take to occasion that; might it in three weeks? - Yes, it might; it depends a great deal upon the habit of the body; she was 75 years of age, and wrong applications might encrease it.

Did you see what had been applied to it? - They told me some yellow basilicon.

PRISONER's DEFENCE.

I never struck her at all; that very juncture of time there was another squabble in another ward; she was knocked down, and hit her head against the bedstead, Mrs. Durose knows that.

Mrs. DUROSE. I gave her a small push, and she fell down against the bedstead and scratched the bottom of her head near her neck, we got a bit of loaf-sugar and put to it.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. Justice ASTON.

476. JOHN MORGAN was indicted for stealing a piece of moreen, containing twenty-four yards, value forty shillings, and 144 yards of silk and worsted bed-lace, value eighteen shillings , the property of William Sampson and Richard Sampson , May 4th .

MAJOR HAXBY sworn.

William and Richard Sampson are wholesale upholsterers ; I am a manager for them; on the 4th of April I packed up a parcel of moreen, and a gross of bed-lace, and directed it to Edward Goodyer , at Dover; it was delivered by our porter to the wharfiners at the keys, and the wharfage paid; about an hour after, the prisoner was detected with it.

ROBERT SHIRLEY sworn.

I was standing at Bear-key about five o'clock in the evening; I saw the prisoner take the parcel and put it in his apron, and go up the gate-way, I followed him; there was a cart stood in the gate-way that he could not get by; he dropped the parcel; Mansfield, who was with me, took it up, and we secured him.

John Mansfield , a merchant's watchman, confirmed the evidence of Robert Shirley .

- Ward, the constable to whom the parcel was delivered by Mansfield, produced it in court, and it was deposed to by Haxby.

The prisoner in his defence, said he was not guilty, and called one witness, who gave him a good character.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Branding. See summary.]

477. WILLIAM KITCHINMAN was indicted for stealing a pewter quart pot, value two shillings , the property of Joseph Stevens , May 20th .

- FOWLER sworn.

I stopt the prisoner with a pint pot in his coat pocket, and a quart pot in his breeches; I took him to the sign of the Rainbow, where the pots were taken from him.

THOMAS STEVENS sworn.

I keep the Rainbow; a pint pot of mine was found in the prisoner's pocket; he had a quart pot in his breeches; I saw it taken out; it belonged to Joseph Stevens ; he was sent for.

JOSEPH STEVENS sworn.

I keep the Five Bells, a public-house in New-bridge-street, Black-friars; the prisoner came into my house last Monday; he had a pint of beer, which he paid for, and went away; in about an hour after I was sent for to the Rainbow, and was informed my pot was found upon him.

[The pot was produced in court by Samuel Lee , and was deposed to by the prosecutor.]

PRISONER's DEFENCE.

I picked the pot up in the street; I was much intoxicated with liquor, I did not know what I did.

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

GUILTY . B .

Tried by the London Jury before Mr. RECORDER.

478. JAMES BLACKETT was indicted for stealing a wooden band-box covered with paper, value three shillings, a silk gown, value five pounds, a worked muslin apron, value fifteen shillings, a pair of worked muslin ruffles, value fifteen shillings, seven yards of black silk lace, value fifteen shillings, a gold enamelled mourning ring, value fifteen shillings, a pair of womens' silk gloves, value four shillings, four yards of white thread lace, value ten shillings, a gauze laced cap, value seven shillings, five guineas, and a half guinea, the property of Sarah Robinson , spinster , in the dwelling-house of a certain person unknown , Jan. 8th .

SARAH ROBINSON sworn.

I live in Newmarket-street, May-fair, upon what I have: on the 8th of January I was robbed of a band-box, containing the several things mentioned in the indictment (repeating them) the box had a lock and key upon it; it was in a public house, the prisoner and another man took it from me between three and four in the afternoon; I was going to a place, in Covent-garden, I don't know what street; we were in the parlour backwards.

Was you acquainted with the prisoner? - No; I never saw him but once before, he came to my apartments and said he was sent by the other man; the other man and I went into the parlour together; he told me his name was Fletcher, but the prisoner told me his name was Davis.

Was Fletcher your acquaintance? - No; some time before I met him in the street, he called me by my name, and asked me where I was going, and if I did not know him in the country? I said I knew nothing of him; he said he would go home with me, and said he was a linen-draper in York-street, Covent-garden; he came to me afterwards to my place, and asked me if I had received any linen; he said he had sent me a great quantity by a porter, and as I had not received the linen, he must take up the porter, but he could not do it without I paid him some money first; and upon that I gave him five guineas; he came to me afterwards, and asked me to go and live servant with his sister-in-law; I agreed to go, and took my band-box and things with me, and went with him; I thought to go to the place, and he took me into a public house, and called for six-penny worth of brandy and water, and the prisoner came in; I put the band-box on a table in the parlour of the public house; they called each other out, and spoke to one another at the door; I said I did not chuse to be so late at my place, and told the other man I would not stop; that was between three and four in the afternoon; I sat about a quarter of an hour, then I looked behind me on the table, and my box was gone.

Were they both in the room? - Yes, they were both together.

Did you see your band-box in the room after they went out and talked together? - No, I did not look.

How long did they stay out talking? - I saw no more of them; I don't know when the box was taken away, nor by which of them; I called the maid, and asked her if they were gone; she said she did not know; I asked the master, and he said they paid for the six-penny worth of brandy and water, and ran fast down the yard.

You never saw the prisoner before; are you sure he is the man? - Yes; two or three days before he was taken, he came into the house where I was to take possession of some goods; I said I thought I knew him, and asked him if his name was not Blackett? he said it was; I had heard his name mentioned when they were together; the other man called him Blackett; and then I asked him where the other was? he said if I would give him a bottle of wine, or some money, he would tell me.

Cross Examination.

What are you? - I live upon what I have, I had 3000 l. left me.

Did you say any thing to any body about this trial yesterday? - Not that I know.

Did you say if this man would give you five guineas you would not appear against him? - I said no such thing; I said if the person would come and pay me half my money and half my expences, the bill might be thrown out; and he said he would put me in a way of doing it.

PRISONER's DEFENCE.

I was put in possession of the house where this lady was a lodger, I was there four days and nights, and we breakfasted, dined, and supped together, and nothing was said about it.

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

GUILTY . Death .

Tried by the First Middlesex Jury before Mr. Baron HOTHAM .

479. THOMAS ASKEW , JOSEPH BISSELL , and ANN HORNER , were indicted for feloniously and traiterously forging, counterfeiting, and coining a piece of false, feigned, and counterfeit money and coin to the likeness and similitude of the silver coin of this realm, called a shilling, against the statute .

2d Count. For feloniously and traiterously forging, counterfeiting, and coining one piece of false, feigned, and counterfeit money and coin to the likeness of the silver coin of this realm, called a six-pence, against the statute, April 17 .

RICHARD BRYANT sworn.

I am an officer at Sir John Fielding 's: I went with Mr. Clark, the first day of last sessions, to a house by Battle-bridge-wells, in Britania-street, I believe it is; Mr. Clark first sent a gentleman's servant with a letter in his hand for Mr Askew, to get the easier admittance into the house; the door was opened by Mrs. Horner, myself and Mr. Evans rushed into the house; we immediately ran up stairs, and upon the garret stairs, within three or four steps of the top, I met Askew; he had got on a cheque shirt, the sleeves of which were tucked up, and the collar was unbuttoned; he pressed very much to come down stairs; we had a little struggle with him; I insisted upon his going up stairs, and we forced him up: when we met him on the stairs, Bissell ran out of a garret that is on the left hand into a garret that fronts the stairs; we took Askew into the front garret, and kept him there till Mr. Clark came.

How was Bissell dressed? - He had his coat off, a silk handkerchief tied round his head, his breeches knees were unbuttoned, he had no garters on, and was in a sweat; they both seemed to be in a working condition; their hands were all over mould and sand; they both wanted much to wash their hands, but I would not let them till Mr. Clark came up: in the front garret there was a forge fixed, a crucible upon the fire, with some metal in it, and a large quantity of charcoal lying by; there were the flasks; there was some sand, which was hot, that must have been just made use of; there was scouring-paper, and a bottle of aqua-fortis; these were all in the front garret, into which Bissell ran; there was a small earthen tea-cup, with some pickle in it, which is used in that business, and some water in a quart stone pan, of a greenish colour; there was, in a larger pan, some very dirty water, and by that was a scrubbing-brush, and a little earthen platter, with some common scouring sand, and the floor was wet where they had been scouring something, I suppose the counterfeit silver.

Who were in company? - Clark, Evans, Heley, myself, and a gentleman's servant. I went some few days afterwards with Mrs. Horner, and found some scouring-paper, and some few other things.

JOHN EVANS sworn.

I was at the Old Bailey last Sessions; Mr. Clark came up to me, and said there were some coiners in my parish, and asked me, as being constable of the parish, to go with him; I went with him to this street, I think it is called Britannia-street; it is near Bagnigge-wells; Mr. Clark, Mr. Bryant, Mr. Heley, and I, went together, a gentleman's servant went with us, with a great coat, whip, and pair of boots; Mr. Clark gave him a letter, and bid him knock at the door, under pretence of asking for a person; the door was opened by Mrs. Horner; while he was speaking to Mrs. Horner, Mr. Bryant and I rushed by him; Mrs. Horner cried out, Master, four distinct times; we immediately rushed up to the garret; when we came almost to the landing-place of the garret, Askew was down one step or two; he had a cheque shirt on, his sleeves were tucked up, his collar was unbuttoned, he had no garters, his breeches knees were loose, and, if I remember right, the flap of his shirt was out before, and his hands excessive dirty, as if he had been working in some sand, or something of that kind: Bryant laid hold of him; I ran into the room to the other people, and we tied their hands; they wanted to wash their hands, we would not let them; the other prisoner ran out of the back into the fore room; we tied both of their hands there; Bissell's hands were very dirty and whitish. When I told Askew that Mr. Clark was there, he said, I would not have minded if all the men in England had taken me, if it had not been Mr. Clark; Clark blamed him, and asked him how he could do so; he said, He could not help it, it was now too late to talk about it; Mr. Clark shook his head, and said, O Tom, Tom, how could you do so! Mr. Clark, said he, it is over, and I cannot help it; Mr. Clark said, now, Tom, be candid, do show us where the things are; we searched the fore room, we found every implement that was there as was described by the other witness; then said Askew, If you will come along with me I will shew you where they all are; we went into a back room; there was a wide large chest, upon which were files, scouring-paper, and some shillings and six-pences, and upon the floor on the right hand side going in, there was, I believe, a hundred shillings, six-pences, and half-crowns; I saw likewise the aqua fortis: there was a crucible on the fire red hot, whether there was metal in it or no I could not be certain, as it was thrown on one side; I found some sand, which was broke up, that was hot; there were some moulds that the flasks had been fixed in; there were some files, scouring-paper, and a little pipkin with some wet stuff prepared, and there was another bason of water in the room of a green colour; Mr. Clark put his hand into that, and took out some shillings and six-pences: there was a scrubbing-brush lay down by the side of it.

Did you see any forge? - That was in the fore room; it is not properly a forge, it is the same the refiners use on purpose to melt in.

What quantity of counterfeit money did you see in both rooms? - I believe twelve half-crowns, and half a hat full of shillings; I found three shillings on Mrs. Horner, which were good; I asked her why she gave a report to Mr. Askew that we were coming? she said she thought she had a just right so to do.

JOHN CLARK sworn.

The first that I saw in the house that I knew was Ann Horner ; Bryant and Evans were at that time up stairs in the garret; they called me up; when I came up I saw the two men prisoners: Mr. Askew was in a cheque shirt, and an old pair of breeches, his stockings were about his heels, and he had on a pair of slippers; he was rather in a sweat; his hands were daubed all over with a sort of mould that was found in the room; the other man had a handkerchief tied round his head, his stockings were down: he was taken down into the one pair of stairs to tie up his stockings, and he begged to be washed, which was refused him; at that time his hands were the same as the other: Bissell's hands were green.

How came they so? - I fancy by handling metal, or something of that sort: we went into the front garret first, there I found a furnace, some call it a forge; it is an air furnace which they melt metal in; a crucible on the fire, with some metal in it, two pair of flasks, some sand in a box which is here, warm; there was a quart pan with some water, and by the side of that was a tea-cup with something green in it; it appeared to be aqua-fortis and water.

You call that pickle, don't you? - We do; there was a bottle with aqua-fortis; in the quart pan I found these three counterfeit shillings (producing them): I begged Askew would not give me any trouble, but shew me where all the things were; then he took me into the back garret adjoining to the other; the first things I saw in the back garret were three files, and other things (producing them) a bottle of aqua-fortis: these flasks are made use of in casting; whatever is cast, in making the first part of the mould sand is laid, the sand itself is of a porous nature, and would leave it spongy if cast in sand alone, but here is some facing, which, when put upon it, fills up the pores of the sand, and strengthens it, and it is cast much smoother.

Court. Can these flasks be applied to any other purpose than that of coining money? - Yes; they can be used in the silversmiths business.

Court. Then all we understand from it is, that these flasks are used for coining silver, but may be applied to other purposes? - Yes; searching Bissell's person I found these two shillings (producing them) and here are two six-pences.

Are these bad shillings? - They are, and the six pences are bad; he had these in his pocket: in the back garret where all these things were, I found these finished shillings; and here is the metal that was in the paper; here are the files, they have something white in the teeth, but that may be done with something else; all the words that passed that I heard was, Askew said he wished we had not come so soon, if we had been half an hour later, it would all have been over; that he did not intend to coin any more, for he had took a house in Smithfield, and paid ten guineas earnest; Bissell said he came to help him move his goods: there were no goods there to carry away; there was only a great trunk or box which they worked upon by way of a work bench.

Had you any conversation with Mrs. Horner? - Not any thing particular; her hands were examined, they were green, the same as Bissell's were.

Cross Examination.

I believe you are a silversmith? - I am more in the cane head way; I have worked in both.

Are you skilled in the casting of silver and other metals? - I am.

You have given an account that these flasks may be used in casting other metals besides coining; I suppose your knowledge goes so far as to know that every tool produced here may be used for many other purposes besides coining? - Every thing besides the money.

WILLIAM MACKENZIE sworn.

Do you know either of the prisoners? - Yes, I know them all.

Have you ever had occasion to be at their house at Battle-bridge? - Yes.

What have you seen there? - I have seen Askew, Horner, and Bissell in a room together; there were a quantity of half crowns upon a chest; I have seen them twice; Askew sat upon a chair, Ann Horner upon another chair, Bissell upon the end of the chest, Thomas Askew had a six-pence between his fingers; it appeared to me to be counterfeit money that he had before him; he was filing it round; Ann Horner had a pair of pincers in her left hand, and a shilling in the pincers, a cork and a piece of scouring paper round it in her right hand, a scouring of it from side to side; Bissell had a pair of pincers before him; that is all I saw at that time; that was the 21st of March.

Did you see any thing between the 8th of March and the 21st, besides what you have spoke of? - No.

How long was you with them? - I staid six or seven minutes; I took up one of the half crowns and examined it, and said it was very well executed.

Court. Gentlemen of the Jury, you observe this witness speaks to a fact the other witnesses have not spoke of, and as to this particular fact he is confirmed by no one, therefore we will not take his evidence as any thing.

WILLIAM TONGUE sworn.

I am the landlord of the house at Battle-bridge: I let the house to the prisoner William Askew , a little better than half a year ago.

Court to EVANS. Was there any bed in any of the garrets? - No, nor any kind of furniture as I saw; I believe I was in every room of the house.

JOSEPH SAY sworn.

I am a monier belonging to the mint: this money is very bad, there can be no doubt; if you rub them on a bit of sand you see they are copper immediately; they are all of them very bad; the best not worth above two-pence or a penny a piece (one shewn him); I have seen several; this is as good as any of them, and it is as bad as bad can be.

Cross Examination.

Whether that very bad shilling, which is as bad as bad can be, strongly resembles the current coin of this kingdom? - They are so covered, I frequently take them myself by candlelight.

To CLARK. Whether they were not duller than they are now when you found them, and not so much like the current coin? - They were more like the current coin.

ASKEW's DEFENCE.

To the best of my knowledge there was no such thing as a had shilling in the house.

BISSELL's DEFENCE.

The reason of my being at Askew's house was, he asked me to help him remove his goods.

ANN HORNER 's DEFENCE.

I kept Mr. Askew's house; if he did any thing amiss it was unknown to me.

Askew called five witnesses, two of whom said he dealt in steel chains, and all of them gave him a good character.

Bissell called eight witnesses, who gave him a good character.

ANN HORNER . I thought they were bailiffs when they came to the house.

ASKEW GUILTY . Death .

BISSELL GUILTY . Death .

HORNER NOT GUILTY .

Tried by the First Middlesex Jury before Mr. Baron HOTHAM .

480, 481. WILLIAM FLOOD and WILLIAM DAVIS were indicted for that they in the King's highway, in and upon Francis Coquiltart did make an assault, putting him in corporal fear and danger of his life, and stealing a watch in a gold case, value 4 l. a steel watch chain, value one shilling, three metal watch keys, value one shilling, a guinea, and three half crowns, the property of the said Francis from his person , April the 27th .

There was no other witness but the prosecutor, who could not swear to the persons of either of the prisoners.

The watch was not produced, nor were there any other circumstance to prove the charge upon the prisoners.

BOTH NOT GUILTY .

Tried by the First Middlesex Jury before Mr. Baron HOTHAM .

482. WILLIAM THOMAS was indicted for that he in the King's highway, in and upon William Holmes did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a silver watch, value forty shillings, the property of the said William , May the 5th .

The prosecutor and prisoner quarrelled in the street; but there was no evidence of any intent to commit a robbery.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. Baron HOTHAM .

483. JOHN REYNOLDS was indicted for stealing ten stones called Yorkshire paving stones, value twelve shillings , the property of William Staines , March the 16th .

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

484, 485. JAMES LECORES and WILLIAM GODFREY were indicted for stealing twenty-nine guineas, a half guinea, and eight shillings and six-pence in money numbered, the property of Daniel Dance , and a bank note for 20 l. the property of the said Daniel in the dwelling house of Mary Troutbeck , widow , May the 6th .

DANIEL DANCE sworn.

I live at Camberwell: I lost a 20 l. bank note, twenty-nine guineas, a half guinea, and eight shillings and six-pence at Mrs. Troutbeck's, the Queen's Head Inn, Gray's-inn-lane ; I took the money to Mr. Child's at Temple-bar; the office was shut up; I came away, and while I was looking up at a house near Temple-bar, Godfrey came up and said, Farmer, what are you looking at? I told him I came to pay my rent to my landlord, and the office was shut up; he said he came out of Kent to a lawyer, and he supposed he was too late to meet with him; we walked together and he talked of some people in Kent; he mentioned the names of several I was well acquainted with; I said I would carry the money to Mr. Silway's chambers, for I would not carry it back again; he said he would go with me and shew me his chambers; we went up Chancery-lane and crossed Holborn into Gray's-inn-lane; we went about two hundred yards up and down, and then he said, if I would go into a public house we might have intelligence; we went into a public house, and he called for six-penny worth of Crank, and he asked me if I would sit down; I sat down, and in came the other prisoner and pulled out a purse of money, and said he had drank fourteen glasses of brandy that morning standing; he said he was a captain just come home: we went out from there, and he said he would shew me the way to Mr. Silway's chambers; then we went into Mrs. Troutbeck's and called for a bottle of wine; they hit my knuckles with a half-penny, and then asked me to put the half-penny under a bottle; while I was doing it they took the money out of my pocket; I saw the money in their hand, but they ran away so fast I could not speak; they broke a glass in their hurry in running out; the money was in a bag in my coat pocket.

When they run out you felt in your pocket? - Yes, it was gone; I saw the bag in their hands, and the note was in the bag.

Cross Examination.

Whose hands did you see the money in? - Godfrey's.

Did you ever see these people before? - Never before; he appeared like a country farmer; I know them as well as any man in the parish I live in; I know Godfrey by his backside; I took him by the tail; I have been always positive to him; he was taken the Tuesday after the Duchess of Kingston's trial.

Was that a week or a fortnight after you was plundered? - I believe it was about a fortnight.

You knew the man immediately? - Yes; I pursued him every day; he owned he had the money; his friends offered me thirty pounds.

WILLIAM SWAN sworn.

I live with Mrs. Troutbeck: the prosecutor and three more came into our house on Easter Monday, and asked for a pot of beer; I told them we did not sell beer; then they called for a bottle of wine; I stood in the passage to watch them, lest they should go away and not pay the reckoning; three of them came out very sharp, and put two shillings in my hand; I asked my mistress how much it was, she said two shillings; I went in to see if there were any glasses broke, and met the old farmer coming out; a glass was broke; I asked him if he was to pay for the glass, he said he had lost enough: I know the prisoners are two of the men; they owned before the justice they had the money, but said they got it by gambling.

LECORES' DEFENCE.

A parcel of people about me desired me to say so, and they would clear me; I was in liquor and did not know what I did.

GODFREY's DEFENCE.

I leave it to my counsel.

Godfrey called four witnesses, who gave him a good character.

From the Jury to DANCE. Whether they used any other means besides that of the bottle to divert you? - Nothing in the world; there was no gaming.

How long might it be from the time you went in to the time they ran away? - Not above ten minutes.

BOTH GUILTY . Death .

Tried by the First Middlesex Jury before Mr. RECORDER.

486, 487. WILLIAM HURST and JOHN MAYO were indicted for assaulting Joseph Collins with certain offensive weapons called knives, with a felonious intent to steal the monies of the said Joseph from his person, against the statute , May the 24th .

"It appeared upon the evidence that the

"prisoners are coachmen; they had a dispute

"about a watch which was in the possession

"of the prosecutor; the prisoners stopped him,

"and Hurst insisted upon having the watch

"he had given the other to pawn; but

"there did not appear to be any felonious

"intention."

BOTH NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

488, 489, 490. RICHARD REES , ROBERT ROBERTS , and WILLIAM FLOOD were indicted for that they in a certain field and open place near the King's highway, in and upon James Trimbey did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a guinea and one shilling in money numbered, the property of the said James , April the 26th .

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

ALL THREE NOT GUILTY .

491, 492. GEORGE ROWNEY , otherwise ROWLEY , and THOMAS ROWNEY , otherwise ROWLEY , were indicted for burglariously breaking and entering the dwelling-house of Thomas Mattison on the 20th of May about the hour of two in the night, and stealing a French bill of exchange for 101 l. 10 s. ninety-eight yards of black sattin, eight guineas, and a crown piece, the property of the said Thomas in his dwelling-house .

2d Count. For stealing the bill and goods in the dwelling-house, omitting the charge of burglary.

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

THOMAS MATTISON sworn.

I keep a haberdasher's shop in King-street, Cheapside ; my house was broke open last Monday night; I went to bed about one o'clock; my servant fastened the house.

JOSEPH PARKER sworn.

I am servant to Mr. Mattison: I fastened every part of my master's house on Monday night last; when I got up in the morning I found the chain down and the door on the single lock; I went into the compting-house and found the compting-house window shoved down; it opens from the top; there was a half shutter, which was no t taken down; there is a pane of glass broke in the window; I found the window broke and my master's desk open; I went and informed my master of it directly.

Did you double lock the door and put the chain up over night? - Yes, my master saw me do it.

Is it a spring lock that will shut with pulling to? - Yes.

What o'clock did you find it broke open? - Between seven and eight; I was the first person up.

Mr. MATTISON. My servant called me on the Tuesday morning, and told me the house was broke open; I went down and found the compting-house window broke; it was cut at the bottom; my desk, which had been wrenched open, was in great confusion, all the papers were moved; I looked into the drawer I keep my bills in, and every bill was gone, eight guineas, and several silver pocket pieces were likewise taken away; I referred to the bill book immediately that I might stop payment of the bills; I found many leaves had been torn out; this is the book (producing it) all the leaves were torn out that contained the bills that I had received last year.

Here is a French bill of exchange, you speak particularly to that bill? - Yes.

Do you know the date of it? - No, it is here.

From the JURY. Did you see your servant fasten up the doors that night? - I did.

Were all the bills safe that night when you went to bed? - I went out at four o'clock.

Was the bill book safe that night? - I believe so, I did not look at it; I cannot say that I had seen it that day.

[The note produced by John Wightwick .]

Was that one of your bills? - Yes, it has my own hand writing on it, marking the day it would become due.

Did you suspect any one being concerned in this? - I imagined it must be somebody that had lived in the house, and knew I entered the bills in that book; one of the prisoners (the boy) had lived with me; he left me in November: there was some blood on the glass that was broke, as if somebody had cut their finger.

Did you ever find any of your bills again besides this? - Yes, all of them: I lost some black silk and black sattin (the silks and sattins produced): I have looked at them all and sealed them up; I am sure they are my own property; they have my own private mark upon them.

What is the value of them? - I cannot say; I believe about eighteen or nineteen pounds; they were in a press by the desk; they are all stained with blood; I saw them not many days before.

MOSES MORANT sworn.

Last Tuesday morning Mr. Mattison came to Sir John Fielding 's, and laid an information; I went with him to find the prisoners lodging, at Mr. Wheeler's, No. 20, Great Wild-street; I asked for the prisoners; they were not at home; we could not get into the room; we staid till past four o'clock: I went up expecting to find him there; the door was fast; I asked for him; I was told he was in the house; I went up stairs and looked in his room; the door was fast as when I saw it in the morning; I went down and met a woman; I asked her if she had seen him; she said she had, and believed he was in the yard, or with the landlady; this woman came down stairs with me, and went into Mrs. Wheeler's room; she told Mr. Rowney there was one wanted him; he came out and asked me what I wanted with him; I told him he must go with me; he begged to go back to lock up his room, and to let the landlady know, for he had a child to come home in the evening; he then went into Mrs. Wheeler's room, and as he was going in he pulled out of his pocket this gold watch, which he offered to the landlady; I told him he should not leave it there, for I would take it from him, if he did not put it in his pocket again; he put it in his pocket again, and desired me not to make any disturbance or noise; he told me tea was made for him, and he wished to drink a dish of tea before he went; he drank two dishes; he then asked to go into the yard to make water; I told him he might do so; as he was going out of the door one step, he drew the watch out of his pocket again; I was afraid he would fling it away, or do something with it; I struggled with him for it; he then desired I would not make any disturbance; he put it into his pocket again: I took him away directly to the office in Bow-street; there I searched him; out of his pocket I took that watch, fourteen guineas, a new knife, four pawnbrokers duplicates, and his needles, I think: then I told Mr. Bond that there was nobody on the spot, and I was apprehensive the son would come home, and I wanted to go back again; I left the father in safe custody, and went back to the place, and staid there till between seven and eight o'clock.

Did the landlady know what you took him away for? - No; I did not tell any body in the house, for fear they should tell the son.

Did she know you was an officer? - She understood that I had got him upon an arrest; she said, I hope the debt is not much? I made answer, it is not five pounds; I went back and staid till between seven and eight o'clock; then the son came home; he went a few steps up stairs, and seeing me coming after him, he turned back again; I turned him about, and shoved him up stairs before me; when I came to the door. he pulled the key out of his pocket himself; but, in his fright, and being rather in liquor, he did not open the door: at this time Charles Jealous came to assist me, and Halliburton soon after; then I took the key out of his hand, and opened the door myself; we shoved him into the room: Jealous searched one side of him, and I the other; out of his right hand breeches pocket I took two ten pounds Bank post bills; then out of his waistcoat pocket I took eighteen guineas; Jealous took the money out of his other pocket, and the watch; then we searched the room; upon the table between the two windows I found some papers, and four bills of exchange, and in the window there lay some leaves of Mr. Mattison's bill book.

Mr. MATTISON. These leaves were torn out of my bill book; the entries are my own hand-writing.

MORANT. We found five pieces of sattin in the drawer, and two at the bed's head under the bolster; then we tied up all the things that we could find, that we thought belonged to Mr. Mattison, and brought the young man away: I forgot to tell you that I took the key of the street door where the lodging was out of the father's pocket.

Did you observe either of their hands cut? - No.

CHARLES JEALOUS sworn.

I was at the lodgings at the time young Rowney came in; I found upon him this gold watch (producing it) I found 14 guineas and a half in gold, and in his pocket I found a watch-maker's bill, and a note for seventeen pounds; in a little box in the same room I found this remarkable piece (producing it).

Mr. MATTISON. It is mine; it is a medal of king Charles on horseback.

JEALOUS. I found seven pieces of silk and sattin; two of them were under the bed.

Prisoner. I had eighteen guineas in my pocket when they took me.

WILLIAM HALLIBURTON sworn.

I was at the searching of the room; I found these tapes, these memorandum-books, &c.

Mr. MATTISON. I believe these are my property; they have taken off the marks, so I cannot be positive to them.

JOHN WIGHTWICK sworn.

I am a watch-maker in Ludgate-street.

Do you remember selling any watches to the prisoners? - Yes; Thomas Rowney , the young man, had a repeating watch, the name Hughes, the other a gold horizontal watch, the name, Roger Haselwood , they were both second-hand watches; it was about nine o'clock in the morning; the name that he gave me was Thomas Rosewell ; he paid me with the bill of exchange that I produced a little while ago; I gave him thirty-two pounds one shilling in change; I gave him two bank notes, one of twenty pounds, and the other of fifteen pounds; there was a man with him, but I don't know who that man was: he said he came to me because I had used him well in a watch he bought some time ago, that he had an order from a friend who desired him to buy two very good gold watches, one a gold repeating watch; he further desired that I would change them, in case his friend did not approve of them; when he had agreed so far, he said he had not ready money, he gave me that bill, and desired I would be satisfied that it was good before I took it; and when I was so satisfied, that I would wait upon him at Staple's Inn coffee-house at eleven as near as I could that day; he desired I would be particular to eleven o'clock, because he had other business to do; I took the bill to Sir William Leman 's to enquire whether it was good, I shewed it to a gentleman who is one of the partners, and upon looking over it, I found it was accepted, payable at the Bank; he told me it was very good, but I was not satisfied, I went to the Bank; the first clerk in the accomptant's-office told me the bill was very good, but he would go and enquire at the office where those bills were paid; he went and enquired, and told me it was just as good as a bank note, and I might have cash for it if I wanted it; I then went home and packed up the goods as he had ordered me; he desired me to pack them separate in two different boxes, and when I had so done, I took them to Staple's Inn coffee-house; he was not there, but before I had sat down, he came in; I took the boxes out of my pocket, and gave them to him, and I gave him the two bank notes; the two bank notes over balanced the bill, and he gave me the difference in money.

Did you know this young man? - No; only from his having been a customer before; he had been several times at my shop before.

Was the other prisoner at the coffee-house at the time? - No, he was not.

JOHN RIDGEWAY sworn.

I am servant to the last witness; I work in his shop; I remember both the prisoners coming to my master's shop; they came in a coach; the youngest came out of the coach first, and then called the other in; they both came into the shop upon Tuesday last, about half an hour after eight in the morning.

JANE WHEELER sworn.

I am the wife of Robert Wheeler ; I live in Great Wild-street, I let a room upon the first floor forwards to the two prisoners.

Had either of the prisoners the key of your street door? - Yes; the father had; I cannot recollect the night; it was about a week, I believe, before this happened; they always came in at good hours; I never knew them out, except they were out that night; he asked me as a favour to lend him the key, as he was going out, that possibly he might be in by eleven o'clock, but as he was not certain as to that, he would not disturb me.

When was this? - About a week before that time.

Prisoner. I made an agreement when I took the room to have the key of the door.

ELIZABETH EDWARDS sworn.

I lodge in Mr. Wheeler's house.

Do you recollect the prisoners going out upon Sunday last? - No; upon Monday evening I saw them go out at about seven in the evening.

Do you recollect when they returned? - No, I went to bed at twelve, they were not returned then; I heard them come home about six in the morning; I did not see them, I only heard them; I heard the son rap at the door, the father followed him, and had words with him because he made a noise.

What part of the house do you sleep in? - The ground floor forwards.

Did you hear them come into the house? - I heard them come in up the passage.

Who opened the door to them? - Some child, I cannot say who.

Did they stay in the house? - They staid in their own room about an hour; then I saw them go out together at about seven o'clock.

GEORGE ROWNEY 's DEFENCE.

My son went out in the morning, he brought a parcel home, which, he said, he found as he came along among some bricks just by King-street, where there were some buildings; I opened it, and saw there were some papers; I threw them by in my window carelesly; I never saw him till the next morning.

THOMAS ROWNEY 's DEFENCE.

I found them all wrapped up in a parcel as I was coming from Billingsgate, at the corner of King-street; I brought them home, and took out these three notes, and carried one of them to Mr. Wightwick's.

To JEALOUS. Did you observe any blood upon either of the prisoners? - The son had one of his fingers fresh cut, and there is blood upon the notes; he had something wrapped round his finger when he came into the room.

To WIGHTWICK. Did you observe that, Mr. Wightwick? - There was something about his finger; he attempted to open the watches, and could not, and desired me to do it for him.

GEORGE ROWNEY . I have a witness to prove more particularly which way this young man came by the things, she was along with him when he found them; my attorney, Mr. Topping, was to move the court in order to put off the trial, but he has not done it.

BOTH GUILTY . Death .

Tried by the London Jury before Mr. Baron HOTHAM .

493, 494. JOHN KITCHEN and CHARLOTTE MUNFORD were indicted for stealing seven guineas and two shillings in money numbered , the property of James Davis , April 20th .

The prosecutor and the prisoners were drinking in a public house together; after which they put the prosecutor into a dust-cart, but he was so exceedingly intoxicated that he did not know how he got out of the cart, nor how he lost his money.

BOTH NOT GUILTY .

Tried by the London Jury before Mr. Baron HOTHAM .

495. ELIZABETH WHITES was indicted, that a certain man, whose name to the Jurors is yet unknown, and ELIZABETH the wife of WILLIAM WHITES , not having the fear of God before her eyes, but being moved and seduced by the instigation of the devil, upon Elizabeth Cobb , spinster , violently and feloniously did make an assault, and that the said man, her the said Elizabeth Cobb , against her will, did ravish and carnally know, and that the prisoner Elizabeth Whites was present aiding, abetting, comforting, assisting, and maintaining the said man the said felony to do and commit , April 14th .

NOT GUILTY .

496. JOHN JENKINS was indicted for stealing a copper tea-kettle, value ten pence, a copper coffee-pot, value six pence, a copper quart pot, value four pence , the property of Patrick Fenning , April 21st .

PATRICK FENNING sworn.

I am a labourer in the king's Victualling-yard; I lost the things mentioned in the indictment from my house at Saltpetre-bank ; I saw them there on the Friday night, I missed them on Sunday morning the 21st of April.

THOMAS LEE sworn.

I am servant to Mr. Akerman; on Sunday the 21st of April I stopped the prisoner with these things upon him (producing the things mentioned in the indictment) I delivered them over to the constable.

- WOODFIELD sworn.

I am a constable; I had these things delivered to me.

Prosecutor. These are mine.

PRISONER's DEFENCE.

I found them tied up in a blanket in the Borough about seven o'clock on Sunday morning.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Branding. See summary.]

497. JOHN COLVIL was indicted for stealing a leather pocket book, value four shillings , the property of William Johnson , May 20th .

The Prosecutor could not identify the book, nor was he certain that any book had been stole from him.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

498. MARY SMITH was indicted for stealing two cotton window curtains, value one shilling , the property of Sebastian Luna , April 29th .

SEBASTIAN LUNA sworn.

I keep a public house at Billingsgate ; my wife let the prisoner in to sleep in the bed of a person that is up early; she came down and desired to be served with some gin; I was going to serve her; my wife went up to see if every thing was safe; and then the prisoner slipped away without the gin; I suspected all was not right, and went and called her back, then she went to the end of the tap-room, and laid down the curtains; they were taken from between the bed and sacking where she lay.

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

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Whipping. See summary.]

499. JAMES PRICE was indicted for stealing a silk handkerchief, value ten pence , the property of Benjamin Stevenson , May 23d .

BENJAMIN STEVENSON . sworn.

On Thursday I was in the procession with the charity children in Newgate-street ; I felt something at my pocket-book; I turned about and saw the prisoner; I missed my handkerchief; he ran away; I pursued him and took him, and found the handkerchief stuffed in an apron he had on.

PRISONER's DEFENCE.

I found the handkerchief on the ground.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Whipping. See summary.]

500. THOMAS COPPERTWHAITE was indicted for having in his possession a bill of exchange directed to John Pollard and William Preston, New Basinghall-street, for the payment of 43 l. to the order of Thomas Bradley , two months after date, that he unlawfully and falsely did pretend to Thomas Broughton that the said John Pollard was a good man, and was in partnership with a house in Bartholomew-lane, and by that false pretence obtained several quantities of goods, and 29 l. 15 s. 6 d. in money, against the statute, &c.

THOMAS BROUGHTON sworn.

I received from the defendant a note drawn in the same manner for 25 l. which note I passed off, and that note was paid; afterwards the defendant brought me this note, and when I looked at the note, he said it is upon the same person as the last note; it is drawn upon a good person, and that you know. I said if it is drawn upon Mr. Pollard, who is in partnership with the house in Bartholomew-lane; but this is not Bartholomew-lane, it is Basinghall-street. Copperthwaite said, It is that Mr. Pollard, and though the house is in Bartholomew-lane, he lives in Basinghall-street, and you know that to be as good a house as any in London. I delivered him the goods he wanted: four gallons of brandy shrub, seventeen bottles, five gallons of rum, five gallons of brandy, and two casks.

THOMAS DODSON sworn.

I came here to inform the court that that note was not upon the house of Richard Holden and company, and that that note never made its appearance at our shop; I am clerk there, and accept all the bills that are drawn upon the house; we never had any bills drawn from such place and by such names; nor never had any connexion with such people.

DEFENCE.

I never mentioned Pollard's name at all. The first bill which I had, which was in August, for 26 l. 10 s. I left with Mr. Broughton; here is an evidence in court that left it with him; I never offered him the 43 l. bill in payment; I offered him a draft upon Sir William Leman for 23 l. When Mr. Broughton came in with the bill, he and I were at Old Will's Coffee-house together, we talked the matter over in our conversation; he promised that he would take half cash, in the course of a week or ten days, if I would give him the remainder. I sent him up 22 l. to Mr. Leveridge, he was to go to pay a note; he did not come upon the Saturday night, and then the advertisement came in. When he found I could not get the money, he said he would prevent my joining the regiment, as he knew I was an officer in the militia.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Imprisonment. See summary.]

[Pillory. See summary.]

Archibald Girdwood and Thomas Jones , otherwise Evans , formerly capitally convicted, but upon whom judgment had been respited till the opinions of the Judges could be taken upon a point of law arising in their respective cases, were set to the bar, when Mr. Justice ASTON informed them, that the Judges were unanimously of opinion that their conviction was strictly legal, and they accordingly received sentence of death.

The following prisoners, who were convicted of grand larceny in April Sessions, received sentence to be branded in the hand, and imprisoned for fourteen days.

Thomas Proctor , John Ford , William Smith , alias Archer , William Barton , John Murphy , Frances Nash , Robert Smith , James Paris , John Aldersey , Timothy Marshall , John White , Patrick Knowland , Sarah Armstrong , John Lloyd , Joseph Penticross , Valentine Fuller , Moses Emanuel , Henry Hart , and Benjamin Harvey .

Prisoners convicted of grand larceny in April Sessions, branded.

Isaac Hutchinson , John Furze , Charles Drake , and Thomas Farmer .

Stephen Self branded and imprisoned nine months .

The Sessions being ended, the Court proceeded to give Judgment as follows:

Received Sentence of Death fifteen.

George Rowney , Thomas Rowney , John Mayo , John Standish , James Humphries , Henry Jordan , Benjamin Bates , John Green, William Davis , Thomas Kinman , William Blackett , James Lecores , and William Godfrey .

Thomas Askew and Joseph Bissell received sentence to be drawn upon a hurdle to the place of execution.

Archibald Girdwood and Thomas Jones , otherwise Evans , formerly capitally convicted, but upon whom judgment had been respited till the opinions of the Judges could be taken upon a point of law arising in their respective cases, were set to the bar, when Mr. Justice ASTON informed them, that the Judges were unanimously of opinion that their conviction was strictly legal, and they accordingly received sentence of death.

Whipped five.

Jacob Jonas , Mary Smith , James Price , Edward Fawcett , and Elizabeth Jones .

Branded and imprisoned four.

John Blackwell , Susannah Smith , John Brown, and Francis Benson .

The following prisoners, who were convicted of grand larceny in April Sessions, received sentence to be branded in the hand, and imprisoned for fourteen days.

Thomas Proctor , John Ford , William Smith , alias Archer , William Barton , John Murphy , Frances Nash , Robert Smith , James Paris , John Aldersey , Timothy Marshall , John White , Patrick Knowland , Sarah Armstrong , John Lloyd , Joseph Penticross , Valentine Fuller , Moses Emanuel , Henry Hart , and Benjamin Harvey .

Imprisoned for one month.

Christopher Wilkinson , Susannah Newman , John Beard , and Sarah Small .

Branded.

Elizabeth Harris , John Morgan , William Kitchenman , John Jenkins , Francis Bartlow , Elizabeth Bates , Elizabeth Williams , Henry Hammon , and Elizabeth Kelly .

Prisoners convicted of grand larceny in April Sessions, branded.

Isaac Hutchinson , John Furze , Charles Drake , and Thomas Farmer .

Stephen Self branded and imprisoned nine months .

Thomas Copperthwaite to be imprisoned three months in Newgate, and to stand in the pillory at the Royal Exchange.

Isaac Stone to be imprisoned three months, and then to find sureties for his good behaviour for one year.

*** Trials at law, and arguments of counsel, accurately taken in short-hand by JOSEPH GURNEY , (writer of these proceedings) of Southampton-Buildings, Chancery-lane.

*** In a few days will be published, price One Shilling, the Trials of General SMITH and of THOMAS BRAND HOLLIS , Esq; (by order of the Honourable the House of Commons) at the last assizes at Salisbury, for bribing the voters of the Borough of HINDON (taken in short-hand by JOSEPH GURNEY , short-hand writer at the Sessions-house in the Old-Bailey.)

*** To-morrow will be published, price One Shilling, the Trials of General SMITH and of THOMAS BRAND HOLLIS , Esq; by order of the House of Commons, at the last assize at Salisbury, upon an information filed against them by the Attorney General, for bribing the voters of the Borough of HINDON (taken in short-hand by JOSEPH GURNEY , writer of these proceedings).