Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 19 December 2014), October 1776 (17761016).

Old Bailey Proceedings, 16th October 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 16th of October 1776, and the following Days;

Being the EIGHTH 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 VIII. PART I.

LONDON:

PRINTED BY WILLIAM RICHARDSON ; AND SOLD BY S. BLADON, 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 WILLIAM BLACKSTONE , Knight, One of the Justices of his Majesty's Court of Common Pleas; the Honourable Sir JAMES EYRE , Knight, One of the Barons of his Majesty's Court of Exchequer; Mr. Serjeant GLYNN, Recorder; and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate holden for the said City and County of Middlesex.

London Jury.

John Moore ,

Thomas Russell ,

William Plumley ,

Matthew Hooper ,

John Cover ,

Christopher Southgate ,

John Sartain ,

Richard Eveleigh ,

Joseph Nesbitt ,

John Raymond ,

Hugh Dudley ,

John Seagill .

First Middlesex Jury.

James Hunt ,

John Hammond ,

John Livie ,

Christopher Horner ,

Thomas Bradshaw ,

Edmund Kitchin ,

Joseph Brown ,

John Glover ,

Ralph Cleghorne ,

John Heymour ,

George Clavering ,

Graveley Seaborn .

Second Middlesex Jury.

William Jones ,

Stephen Beck ,

John Freeman ,

Christopher Woodham ,

Francis Holman ,

William Handy ,

James Steward ,

Francis Ewer ,

John Davis ,

William Kline ,

James Crombie ,

James Wheeler .

729. JOHN KNOWLAND was indicted for stealing a dimity child's robe, value 15 s. a robe blanket, value 7 s. two linen aprons, value 1 s. a silk cloak, value 17 s. a muslin cap, value 3 s. a pair of linen sleeves, value 1 s. six linen shirts, value 20 s. and a silk handkerchief, value 4 s. the property of Joseph Peach , October 3d .

JOSEPH PEACH sworn.

I am a coachmaker in the neighbourhood of Bloomsbury: the bundle containing the things mentioned in the indictment was in the Richmond stage, in which my wife came to town on last Wednesday was se'nnight.

FRANCES PEACH sworn.

When I came to the Elephant and Castle where the stage put up, I desired the coachman to bring my bundle out of the coach; he did something else in the mean time; when he came to look for my bundle; it was gone: on the Friday morning following I received information that the bundle was found; I went to the beadle, in whose hands I found all the things mentioned in the indictment (repeating them) which are part of the things contained in that bundle; some few others were not found.

JOHN ANSELL Sworn.

I am the coachman that drives the Richmond stage: the bundle was taken away by somebody while I was carrying some boxes into the yard; I saw it in the coach just before; I was informed by one Thomas Bird that the prisoner had brought some things to his wife on the day before; I sent for Mrs. Peach; she claimed them, and the prisoner was taken into custody; he was asked where the rest of things were? he asked leave to fetch them; they would not let him go; he asked if his master might; upon that the prisoner, I, and Ruddick went together to the loft where the prisoner slept, for he was my horsekeeper ; the prisoner took from under the sacks in the loft, first the sarsenet cloak, and then the several parcels of other things, and a parcel of childbed linen that was in a little box.

[They were produced in Court, and deposed to by Mrs. Peach.]

' THOMAS RUDDICK gave the same account

'of finding the things.'

SUSANNAH BROAD sworn.

On the Thursday the prisoner came to my apartment and told me he had some things to wash, and he wanted to have some money upon them, for he said he had spent some money his master had given him to buy provisions for his horses against they came in; he produced two bed gowns and the linen robes; I did not like the appearance of them; I said they did not want washing, and was unwilling to have any thing to do with them, but at his earnest persuasion I did let him have some money to buy the horse-meat against the stage came in; I heard the next day that the prosecutrix had lost a bundle; I told my husband of it, and he told Ansell, and so the things were found.

PRISONER's DEFENCE.

I found this bundle in the yard just by the cistern; it lay in the open stable all day.

GUILTY .

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

[Imprisonment. See summary.]

730. MARY SMITH , spinster , was indicted for stealing a linen gown, value 10 s. the property of Jane Cantel ; October 3d .

'The gown was stolen in the night when

'the prosecutrix was in bed; there were

'several persons in the room; it was dark;

'and there was not any evidence produced to

'fix the charge upon the prisoner.'

NOT GUILTY .

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

731. CHARLES JOHNSON was indicted for stealing a piece of woollen cloth, containing four yards and a half, value 4 l. the property of John Knight , September 28th .

WILLIAM WARBURTON sworn.

I am servant to Mr. Knight, who is a woollen-draper ; I saw the prisoner go out of the shop on the 28th of September about eight in the morning; from his manner I supposed he had been delivering a hand bill; I looked to see if there was a hand bill on the compter, but seeing none, I rather suspected him; I stepped forward and saw him about three doors off; I did not observe that he had any thing about him; he walked on; when he was got almost out of sight he turned about, and catching my eye he ran; I then suspected that he had stole something; I turned back to the shop, and in a moment I missed the cloth; upon which I pursued the prisoner; I saw him drop the cloth; I picked it up and continued to pursue him till I secured him; there was a bag taken on him; I presume the cloth was in that bag at the time I looked at him and did not see it under his arm.

PRISONER's DEFENCE.

I was not in the shop; I had occasion to go to the place where I was taken; I know nothing of the cloth.

GUILTY .

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

[Imprisonment. See summary.]

732. PATRICK KNOWLAND was indicted for that he, with an offensive weapon and instrument called a hanger, in and upon George Needham feloniously did make an assault, with a felonious intent the monies of the said George to steal, take, and carry away , against the statute, September 21st .

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

GEORGE NEEDHAM sworn.

Upon the 21st of September, at about seven at night, I was going with my wife in a one-horse chaise from Islington towards Holloway ; the prisoner, and there was indeed another man, but that man did not trouble his head about it; the prisoner jumped off the causeway, laid hold of my horse's reins, and said several times, D - n your blood, stop: I would not stop; upon which the prisoner cut at me several times with a hanger which he had in his hand; he missed me, but cut my chaise in several places; I told him I would not be robbed, but still he continued cutting at me, and I kept hitting him with my whip; he cried out, Stop, d - n you, what would you be at? I drove off to a public house; I was not much afraid of him; I told the people at the house what had happened; the master of the public house and another man or two went out, and in about ten minutes they brought the prisoner to the public house; I was certain as to his identity immediately; I am certain to his person; it was not dark when he stopped me, it was only dusk.

From the Prisoner. Whether I was not in liquor? - Not at all.

Did not you attempt to run over me? - Yes, I did, and would run over any man that should attempt to rob me; but that was not till the prisoner laid hold of my bridle.

JOHN GREEN sworn.

I stopped at Mr. Bodwick's: Mr. Needham came up and said he had been stopped; myself and some others went in pursuit of the man; the prisoner was secured on suspicion; his breeches were unbuttoned when he was taken ; he said he was very bad with the venereal disease; Mr. Needham was positive to him the moment he saw him, the prisoner had not any arms about him.

HATRED BONNECK sworn.

I keep a public house at Holloway: Mr. Needham came up to my house and called for assistance; he told us of the attempt that had been made to rob him; we went out and took the prisoner; after we had taken him to my house Green jumped off his horse, and pushed him into the house; he had not any money about him; when we first attempted to take him he went aside into the grass; I believe that he dropped a cutlass at that time, for on the very spot where we took him, there was found the next morning this cutlass (producing it); the prisoner was very sober; he offered to give me five guineas if I would let him go; he said that he and his friends would make it six, that they would spend half a guinea a piece at my house; I refused his offer, and took him before Sir John Fielding .

PRISONER's DEFENCE.

I was sent by my master, whose name I forget, with a letter to Highgate; there I got in liquor; I had no intention to rob the prosecutor; I fell off the causeway and had like to have been run over, if I had not called out to him to stop.

GUILTY .

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

[No punishment. See summary.]

733. ANN ROGERS , spinster , was indicted for stealing four silver tea spoons, value 4 s. and a linen table cloth, value 18 d. the property of William Miller ; two black sattin cloaks, value 7 s. two gauze handkerchiefs, value 4 s. two cloth aprons, value 6 s. a white petticoat, value 1 s. two muslin handkerchiefs, value 5 s. two pair of shift sleeves, value 1 s. 6 d. a pair of cotton stockings, value 1 s. 6 d. a pair of worsted stockings, value 2 s. a laced cap, value 1 s. a night-cap, value 6 d. a muslin apron, value 1 s. a cap trimmed with white ribands, value 3 s. a linen gown, value 6 s. a pair of muslin ruffles, value 5 s. a green silk handkerchief, value 2 s. a fan, value 2 s. a silk gown, value 3 l. a black russel petticoat, value 20 s. a white flannel under petticoat, value 1 s. a linen shift, value 2 s. 6 d. a pair of womens stuff shoes, value 4 s. a pair of cotton stockings, value 2 s. a lawn apron, value 1 s. 6 d. a pair of stays, value 2 s. a muslin handkerchief, value 1 s. a laced cap, value 2 s. a black sattin hat, value 5 s. a pair of shift sleeves, value 1 s. 6 d. two linen handkerchiefs, value 2 s. and a white sarsenet cloak, value 12 s. the property of Martha Stokes in the dwelling house of William Miller , September 25th .

WILLIAM MILLER sworn.

I live in the parish of St. Luke, Old-street , and am one of the city marshal s: on the 9th of September last the prisoner was taken up in Cornhill as a vagrant ; she was carried before my lord mayor the next morning; she then said that she was born at sea, and was quite destitute; she told so moving a story, that my lord mayor was much touched with compassion at her unfortunate situation, and recommended her to be sent to the Magdalen Hospital, and a gentleman, who is a brewer, wrote a recommendatory letter for her to be sent there; with a view to keep her out of bad company, I gave her her board; as I understood she worked well at her needle, I got my servant to put her to some needle-work; she came on Saturday, on Monday and Tuesday she performed her business well, and told a good story in her own behalf; she indeed appeared to be an industrious, modest woman, bating, that she had fallen into some misfortunes, and been connected with bad company; on the Wednesday she came again; at all these times, my servant, Martha Stokes , set her to work; my servant wanting to go out on Wednesday afternoon, consulted me whether she might safely leave the prisoner in the house, while she was out; the prisoner's behaviour had been such that I consented she should leave her there; I went out before the servant, and left this girl in the house; I told my servant to lock up the drawers; I returned home in the dusk of the evening; as I was crossing my garden, which is before the house, I met Martha Stokes in a great fright, she told me she was afraid the house had been robbed, for the prisoner was missing: we went into the house and went up stairs, we found her bedchamber door broke open, and the kitchen tongs lay by the door, and all the wearing apparel was taken out that is mentioned in the indictment: during the course of the prisoner's being at my house, the maid and I had frequently talked with her about her course of life; she told us that she had been taken to a house on Saffron-hill; I thought we might get some intelligence of her at that house; Martha Stokes and I went to this house to see if we could get any intelligence of the prisoner; we could get no particular account of her there, but we were referred to the White Horse ale house just by Holborn-bars ; we went there, and in a quarter of an hour after we had been there, the prisoner came in dressed out in all the wearing apparel of my servant; we seized her and took her to the Compter.

MARTHA STOKES sworn.

The prisoner came to our house, and worked on the Friday, Saturday, Monday, Tuesday, and Wednesday; on Wednesday, by my master's leave, I left her there; about four in the afternoon, having occasion to go out, I locked up the drawers and left her at work in the kitchen; I was absent about two hours; Mr. Miller went out before me; I came home about half past six, it was then about dusk; I was surprized to find the kitchen empty, with neither fire nor candle; I ran across the garden and met my master; I told him what I had observed; I lit a candle and went up stairs; I found the lock of my chamber broke, and missed out of the drawers all the things that are mentioned in the indictment to be my property: my master and I went to a house on Saffron-hill, from thence we were directed to the White Horse, we had not been there long before Mr. Miller brought the prisoner into the back room dressed up in all these cloaths; she was carried to the Compter, she had there her own rags sent to her and was stripped of my cloaths; she had left her own cloaths in Mr. Miller's house.

PRISONER's DEFENCE.

Mr. Miller gave me orders to do this, and he appointed to meet me that evening at the White Horse.

GUILTY of stealing to the value of 39 s.

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

[Branding. See summary.]

[Imprisonment. See summary.]

734. SARAH the wife of John DUCK was indicted for stealing a pair of silver salts, value 15 s. a silver pepper-box, value 15 s. a silver watch, value 30 s. a steel watch chain, value 2 d. a base metal watch chain, value 1 d. two large silver table spoons, value 20 s. a silver cream pot, value 15 s. six silver tea spoons, value 6 s. a pair of silver tea tongs, value 5 s. a silver tea strainer, value 2 s. a shagreen case, value 6 d. a silver punch ladle with a wooden handle, value 5 s. and a pair of linen sheets, value 10 s. the property of Mary Hawkes , widow , in the dwelling house of the said Mary , June 27th .

MARY HAWKES sworn.

At the time this fact was committed, I kept the Barley Mow, a public house in the Strand , the prisoner was then my servant ; on the 7th of June, I left the door that is between my room and the prisoner's open; the prisoner went up stairs as usual to put on her cap before she went out for pots, I suppose she had by that means access to my room; she came down and went out as usual to collect the pots; she did not return again; I went up stairs to change half a guinea for a customer, and then found that all these things which were upon the mantle-piece in my room, except the watch, which was in another place in the room, were all missing; her not coming back made me suspect she had stole them; I saw her no more till about three weeks ago, she then denied every thing; at last I coaxed her out of it, by saying if she would tell where the things were I would let her go; she then said she had pawned some of the things at Mr. Dixon's, and others she had sold to a Jew.

COURT. You must not give her confession so improperly obtained in evidence.

HAWKES. I went to Mr. Dixon's, and there I found some of my property.

HENRY DIXON sworn.

The prisoner pledged with me on the 27th of June, a watch, a pair of salts, and a pepper caster in her own name; she was dressed in mourning; she represented herself as a widow, and said that these things were her husband's, and that she was in distress; I had no suspicion of her.

PRISONER's DEFENCE.

The prosecutrix made a promise that if I would confess where I had disposed of the things she would not hurt me.

GUILTY of stealing to the value of 39 s.

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

[Branding. See summary.]

[Imprisonment. See summary.]

735. RICHARD RIDOUT was indicted for that he in the king's highway in and upon Joseph Hardyman feloniously did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a half crown, the property of the said Joseph , September 14th .

JOSEPH HARDYMAN sworn.

Upon the 14th of September about nine in the evening, as two men, myself, and three women, were coming thro' Park-lane to town in a Hackney-coach, the coach was stopped by the prisoner and another person; the prisoner demanded my money, he came on my side, I sat forward next to the window, I gave him a half crown, then some of the company bid the coach drive on, I opened the door, jumped out and immediately pursued the prisoner; I called stop thief, and one of lord Essex's servants tripped the prisoner's heels up as he ran; he was not once out of my sight from the time the robbery was committed to the time he was taken; he turned out of Park-lane into Stanhope-street, but I was so close to him that he was in my sight all the way; when we got him to the watch-house he was searched, in his pocket was found the identical half crown that I lost, it has two file marks upon the reverse of it, by which I can swear to it, though I cannot say in whose reign it was coined; I did not see that they had any weapon, but I saw something in the prisoner's hand; they said, D - n you, your money; the prisoner said, Blast your bloody eyes, if you don't deliver we will blow your brains out; the prisoner called to the other man and bid him blow our brains out.

' JAMES MURRAY confirmed Joseph Hardyman

'as to the general circumstances of the

'robbery: That he saw Hardyman deliver a

'half crown to the robber; that himself and

'the other man in the coach refused to be

'robbed; that the two robbers finding they

'could get no more bid the coach drive on;

'that they pursued and took the prisoner;

'that they held his hands; that the prisoner

'denied having any half crown about him,

'and when he came to the watch-house he

'pulled out a few buttons and things of that

'kind, and said he had nothing more, but

'upon searching him the half crown was found

'upon him.'

THOMAS DYER sworn.

I took the half crown out of the prisoner's side pocket.

[The half crown was produced in Court, and deposed to by the prosecutor.]

PRISONER's DEFENCE.

I heard the cry of stop thief, I ran as other people did, till lord Essex's servant, supposing me to be the thief, tripped up my heels; the witnesses were all in liquor at the time.

To DYER. Were the prosecutor and his witnesses in liquor at the time? - I did not observe any such thing.

Did the prisoner before he was searched say that he had a half crown of his own? - No.

GUILTY . Death .

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

736. WILLIAM DAVIS was indicted for that he did falsely make, forge, and counterfeit, and did cause and procure to be falsely made, forged, and counterfeited, and willingly act and assist in the false making, forging, and counterfeiting a certain warrant for delivery of goods, partly printed, and partly written, with the names Richard Callow , and John Malan thereunto subscribed, bearing date the 27th of April 1774, purporting to be a warrant for delivery to one Benjamin Barbaud or his assigns, by indorsement thereon, of three casks of Sticklack sold to the same Benjamin Barbaud by the United Company of merchants of England trading to the East Indies ; the tenor of which said false, forged, and counterfeit warrant for delivery of goods is as followeth; that is to say,

"Mrs. Ruddock and Sims,

"You are desired to deliver to Benjamin

"Barbaud, No 540, - or his assigns, by indorsement

"thereon, and the bearer giving a

"receipt on the back thereof, the following

"goods; that is,

"per Nassau,

"Fo. 135 Lot 934 3 Casks Sticklack

"Qt. 5 21 at 8 9 s.

"sold him by the united East India company

"in September sale 1773, he having paid for

"the same £43 16 s. 8 d. for which a receipt

"of this number and date is given;

"London this 27th day of April 1774.

" Richard Callow . John Malan ."

with intention to defraud Samuel Drybutter against the form of the statute, &c.

2d Count. For feloniously uttering and publishing the same warrant for the delivery of goods as true, knowing it to have been forged, with the like intention, against the form of the statute, &c.

3d Count. For feloniously uttering and publishing the same warrant for the delivery of goods (setting forth the purport and warrant fully) as true; knowing it to have been forged, with the like intention, against the form of the statute, &c.

4th Count. For uttering and publishing the same warrant, setting forth the purport only, knowing it to have been forged, against the form of the statute, &c. July 15th .

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

SAMUEL DRYBUTTER sworn.

I believe you are the unfortunate gentleman who had a transaction about the 2d or 3d of March last, by the means of Mr. Fuller, with the prisoner at the bar Davis? - I had.

Tell my lord and the jury what passed about your advancing 2000 l. upon India warrants, I believe? - It was; I believe it was about the 3d of last-March, but I cannot charge my memory to the day, but I have a paper in my pocket which will I believe inform me; the prisoner married the daughter of Mr. Fuller, who I have known many years; he was a bookseller, but has left off that trade and is now a stock broker; he has bought and sold stock for me, and is an old acquaintance; Mr. Fuller told me his son was concerned very capitally in the drug and watch trade, but the business he came on was to desire me to advance 2000 l. upon India warrants; I told Mr. Fuller, that I did not understand these kind of things; that I never saw one of those warrants in my life, but that I had a tenant, a Mr. Maud, a grocer in Carnaby-market; that I did imagine they were something in the way of tea warrants, and would call upon him; Mr. Maud told me India warrants were very good things, and that money was frequently advanced upon them; I got Mr. Maud indeed to go with me on the Monday to look at these warrants; it was on the Saturday preceding that they applied to me; we went to the Antelope tavern, I think, but no warrants were produced then; I had some Scotch Air bonds by me, I carried nineteen in my pocket, which I left with Mr. Maud, and desired him to look over the warrants, and if he found them proper to give the bond to Mr. Fuller, who was likewise present; Air bonds bore at that time, I believe 6 l. premium; I left the business at that time with Mr. Maud and Mr. Fuller; I was very easy about Mr. Fuller; he has had 4 or 5000 l. of my money at a time; I heard no more of it till the Wednesday morning following; Mr. Maud sent his nephew and the prisoner, and Mr. Fuller along with him; they had not sold all the bonds; Mr. Fuller said, if he had sold the whole in one day it would sink the premium, but he had sold 500 l. Air bonds at 5 per cent. premium; they said they would go to Mr. Dornford's a wine merchant, who they said had advanced money upon these warrants, and when they had sold the rest of the bonds they would bring me the warrants; Mr. Davis told me, that his warrants were in Mr. Dornford's hands, who wanted his money, and that he borrowed the money of me to take the warrants out of Mr. Dornford's hands.

Had you any note, or any acknowledgment from the prisoner? - Not till a day or two afterwards; I believe not till the whole transaction was settled, three or four days, or a week afterwards; the note was given for three months, that note is destroyed.

What was the value? - For 1900 or 2000 l.

The supposed value of the bonds? - I suppose so; I waited frequently upon the prisoner in Charterhouse-square; I be spoke indeed a watch of him, I begged he would be punctual to the time, for I could not let my money out any longer; when the three months came he could not let me have it then; he said he was going into Scotland and had a great deal of money due to him, and that if I would let him have it for three months more, he would certainly pay it at the end of that period; I told him the warrants he had lodged in my hands were things I did not understand; he had delivered the warrants to me.

What number? - I don't know; I said you must give me a power to go and claim these goods, and have them sold.

You have got the warrant in your hand which is the subject of this indictment, be so good as tell us the number of that? - 540.

What is the lot? - 934.

Now that he delivered to you as an East India warrant for the delivery of these goods? - Iimagine so.

When was it? - I will not take upon me to swear that this is the very identical thing that was in my custody; they were delivered at three different periods.

I understand you to say that you cannot be positive that that was the warrant? - No.

But something that he represented as a warrant he gave you? - These sort of things to be sure I had of him.

Did he at that time give you any list of the warrants that he delivered to you, or any acknowledgment for the money under his hand? - Here it is (producing it).

That is his hand writing, is it? - To be sure it is.

Was it before or after the note was given that he delivered these warrants? - Certainly before, for he must take the lists from what he left.

What time was it, in March, April, May, or when? - I received three different parcels at three different times, which I apprehend was in the month of March.

Counsel for the Prisoner. That list you received from Davis? - I did.

When did you receive it from him? - This was a second engagement after the note of hand was given for three months, the 25th of June 1776.

Did you upon the receipt of this deliver up the note he gave you in the March preceding? - I did.

Did you receive any note from him then? - Ie ceived that.

Any other paper? - No; there is a power in that to sell these goods.

(It is read).

"Three months after date I promise to

"pay to Samuel Drybutter , or order, one

"thousand nine hundred and ninety-five pounds

"having left collateral security the following

"India warrants, which he is at liberty to

"sell to the best advantage, in case I don't

"pay him the same sum when due; he is to

"account to me for the surplus.

"(Among the list there is No 934. Sticklack

"pound sign not in 43. 16 s. 8 d."

"N.B. I engage to get the above warrants

"indorsed by Mr. Barbaud.

"Signed, Wm Davis"

Did you or not find it necessary to have these warrants indorsed, and what happened upon indorsing them? - As I take that engagement, it meant if he did not pay the money I was to sell the goods at the time; I asked Mr. Hodges, who keeps a lottery office the lower part of my house in Pall-mall; as he often goes to 'Change I mentioned the transaction to him; I gave him a couple of these warrants, and asked him to enquire if they were good; he brought them back to me, and said they were good, but they ought to be indorsed; that when they were indorsed he would carry them all together and examine them; I applied to the prisoner for them to be indorsed; he said he would bring the broker to indorsed them at any time.

Did he say who was the broker? - Barbaud: I went to Mr. Davis's house and desired he would get them signed; he said he would bring the man, but he never did; I told him he used me very ill, there was no difficulty in bringing the broker to my house; he at last appointed a coffee house at Charing-cross, and there they were indorsed; I did not go with them myself; I said I did not like coffee houses, I would not go among a mob of people; I sent William Mais , one of Mr. Hodges's people, with them, and they were indorsed by somebody there.

Was this warrant you have produced one of those that were so indorsed? - I cannot say; all the warrants that I had at that time in my custody were, except two or three that I have at home in the name of another broker.

All that are contained in that list in the name of Barbaud were indorsed then? - They were.

Cross Examination.

You say, all that are in the name of Barbaud; as I read this paper I don't see the name of Barbaud particularized to any one of the warrants in this list; there is only in general at the foot of it,

"N. B. I engage to get

"the above warrants," (that refers to them all)

"indorsed by Mr. Barbaud;" therefore Barbaud's name is not specified to any particular warrant contained in this list; I wish, therefore, to know of you whether you can take upon you to say, that the warrant that is called

"lot 934, Sticklack 43. 16 s. 8 d." was one of the warrants that you received from him or no? - I cannot pretend to say.

What did you do with all the papers that were purported to be signed Barbaud, which you received from the prisoner? - I locked them up in my strong box.

Did you deliver all you received from the prisoner to Hodges? - I did.

You received the warrants first of all from the prisoner? - Yes.

You had them in your custody some time? - Yes.

Who did you first deliver them to? - Mais to be indorsed.

When he brought them back, what did you do with them? - Locked them up for some time in my box, and then delivered them to Mr. Hodges.

All of them with Barbaud's name? - I cannot be certain.

COURT. How came you by that paper? - Certainly Davis gave it me, if it was one of those that Davis gave me.

COURT. How came you by it to-day? - I had it of Mr. Chetham.

Mr. Chetham. Who did you receive it of? - Mr. Sims.

Counsel for the Crown. They are all marked by Sims.

Counsel for the Prisoner. Have these papers been in any other hands since you received them than Mr. Hodges and Mr. Mais? - That I cannot say.

Have you parted with them to any body else to look at them or examine them? - Yes, I have to Mr. Rutt, a stock-broker in Birchin-lane; he had them for an hour or more out of my custody.

When had he them? - I believe it was in the month of June or the beginning of July.

For what purpose did you give them to him? - To ask him if they were a proper security.

And what Mr. Rutt did with them you don't know? - He brought them to me again.

Did you deliver them to any one else? - I have shewn them to different people.

Then besides Mais and Hodges they have been in the custody of some other persons? - Hodges had them a week or ten days before he carried them to be examined.

And others have had the possession of them some time? - Yes.

Counsel for the Prisoner. Had they not been in the custody of somebody else before you delivered them to Mais? - They had.

WILLIAM MAIS sworn.

You are, I believe, clerk to Mr. Hodges, who keeps a lottery office in Pall-mall? - I am.

Did Mr. Drybutter at any and what time apply to you about India warrants? - He did some time in July last; he desired that I would see some East India warrants indorsed; I was to go to a coffee house that same evening to see this warrant indorsed; I think it was Old Slaughter's coffee house in St. Martin's-lane; I was to meet a Mr. Barbaud there in company with Mr. Davis; Mr. Drybutter delivered me the warrants; I went to Slaughter's coffee house ; Mr. Davis only was there at that time, and he appointed another day; Mr. Drybutter spoke to me again and said, Mr. Barbaud will be at the Golden Cross coffee house at Charing-cross.

What did the prisoner say to you at Slaughter's coffee house? - He said something or other detained Barbaud; Mr. Drybutter gave me the warrants, and I went afterwards to the Golden Cross; I was introduced to Mr. Slop and Mr. Davis.

You did not know either Barbaud or Slop? - No, the prisoner at the bar said, this is the gentleman; he did not call him Barbaud; I produced the warrants, and Mr. Slop took them and inspected into each before he indorsed them, not only that, but he returned three, which he said were not to be indorsed in the name of Barbaud, and which, I believe, Mr. Drybutter has now in his possession.

How many were indorsed with the name of Barbaud? - I cannot say; I did not inspect into the contents of them.

When they were so indorsed, what did you do with them? - Returned them all together to Mr. Drybutter; Mr. Davis went with me to Mr. Drybutter, and I left him and Mr. Drybutter together.

Did Davis say any thing to Slop? - He did not say any thing to Slop; he said, this is the gentleman.

But the first time you went to Slaughter's coffee house, you went expecting to meet Barbaud? - Yes; the person that was to indorse the warrants.

Did the prisoner at the Golden Cross say any thing of Barbaud, or mention his name? - I asked him if he expected to see Mr. Barbaud; he said, he supposed Mr. Barbaud had business in the city, but he should see him that day or in a day or two, and he would appoint a time.

And when you came into the Golden Cross, Charing-cross, he said, this is the gentleman? - Yes.

Cross Examination.

You don't know how many were indorsed by Slop? - I cannot recollect.

Did Davis at that time when you met him in the coffee house at Charing-cross, inspect these warrants? - He gave them to Slop; I apprehended Davis did not inspect into them, or else he must have seen that three warrants were not to be indorsed by Barbaud, and he would not have presented them to Slop.

How came Davis by these warrants? - They were put upon a table, and he gave them, I believe, one by one to Slop.

Did he give them separately or all in a lump to Slop? - I think separately.

But he did not inspect them? - I do not recollect that he did.

THOMAS SLOP sworn.

Do you know the prisoner? - Yes; I was employed by him to do his business.

Give your own account of any employment he found for you relative to East India warrants? - About the beginning of July last Mr. Davis enquired for a clerk at Mr. Matevia's counting house; I was a clerk to Mr. Matevia then; I took no notice then, but watched an opportunity and applied to him in order to get his place; to the best of my recollection I went that day; I went several times; sometimes he was at meals, but at last I engaged myself to be his clerk; I went another time to acquaint him what time I thought I could come into his service; he desired me at that time to come the following afternoon to do some business for him; I went accordingly; Mr. Davis set me to copy two letters; then he asked me to go with him to do some business; I went out with him, he talked about different affairs very freely; he told me he had bought a quantity of East India goods at the company's sale; that Benjamin Barbaud was the broker; he asked me if I knew that Barbaud? I told him I did not know any thing at all about him; he said he is the broker, he is gone abroad, and has forgot to indorse the warrants, and I want you to indorse them; now, says he. it is a mere matter of form, as I have paid the money; I thought myself that it was a mere matter of form, as Mr. Davis said the broker was gone to America as a soldier or an officer; I told him it was very well, I would indorse them; he took me to a coffee house at the bottom of the Hay-market, the Prince of Orange, I believe it is; he asked for a private room, they had not one; he went from there to the Golden Cross at Charing-cross, there he asked for a private room, and we were introduced into a back room; Mr. Davis called for six-pennyworth of half and half, and a pen and ink, the pen and ink were brought; Mr. Davis took a piece of loose paper out of his pocket, and wrote Benjamin Barbaud upon it.

Look at that (shewing the witness a small slip of paper). - This is the piece of paper; he first wrote upon it Benjamin Barbaud ; he said I think this is something of the way in which Barbaud writes his name; I wrote Benjamin Barbaud under it; he said,

"that will do;" the first is Mr. Davis's writing; the second is my copying of it; he said, I will go to the gentleman that lent me the money: Mr. Davis went out; he returned in about a quarter of an hour with Mr. Mais to the Golden Cross; Mr. Mais had the warrants in his pocket; he took out the warrants; they were tied with a bit of red tape; he untied them and delivered them to Mr. Davis; I indorsed about six or seven of them, and then merely out of curiosity I went to look in the inside of one of them; Mr. Davis took it out of my hand, which rather gave me some suspicion, though not a very strong one; I looked very much confused, and entirely forgot the name; Mr. Davis said,

"Mr. Barbaud, you will continue " to indorse them;" I did continue, and indorsed them; I now understand there were twenty-three of them; I drank a glass or two of punch and came out: as I was walking along it ran in my head that I had not done right; I fancied so by the manner in which he took it out of my hand; sometimes I thought there was nothing in it, at other times I thought there was.

When you indorsed the warrants, who delivered them to you for that purpose? - Mr. Davis presented them to me one by one.

Did he look into them before he put them to you to sign? - I think he did, but am not positive in that particular.

Do you recollect what number you indorsed? - I did not count them, I know now that the number is twenty-three; I delivered them to Mr. Davis when they were indorsed.

Did he part with them to any body in your presence? - I don't recollect.

Mais was there all the time? - He was.

Look at that, is that the warrant you indorsed? - It is; I then went home, it was too late to go to Mr. Matevia's service; in the morning when I went I called Mr. Clarke, Mr. Matevia's book-keeper aside, and told him what I had done.

Cross Examination.

How old are you? - Going on of nineteen.

Was you a clerk at Mr. Matevia's office when Mr. Davis came to enquire for a clerk? - Yes.

How long had you been a clerk there? - Not quite a year and a quarter.

Do you know whether Mr. Davis had a character of you from any body? - I don't know; he did not tell me he had; Mr. Clarke told me Mr. Davis had spoke to him.

How long had you been in his service before he asked you to do this job for him? - I was not in his service when I did it.

Then this was by way of essay, to see whether you was fit to serve him? - No; he wanted me very much, I could not leave my place directly.

You made an agreement with Mr. Davis at what wages to serve him? - I did.

How long before this? - I cannot say how many days.

Did you afterwards go to live with him at all? - Yes, on the 17th of July.

How long was that after the business you have given an account of? - I do not remember the day of the month when I signed the warrants.

How many days or weeks do you think it was after you had done this business, that you came to serve him? - It may be a fortnight or twelve or nine days, or thereabouts.

You say this broken piece of paper the gentleman produced to you just now, is the very paper that you saw Mr. Davis write the name Benjamin Barbaud upon, under which you wrote Benjamin Barbaud ? - Yes.

Now I observe Benjamin Barbaud is wrote no less than five or six times upon that paper? - Yes.

All after the first were your writing? - Yes.

Trying how well you could counterfeit? - No.

Why did you do it? - I don't know; I cannot give any reason why I did it.

If you take it in your hand, perhaps it will help you to a reason; did you by that try, or did you not, to imitate the name Benjamin Barbaud as it was wrote above? - It was a mere scroll to engross my time.

You have wrote Benjamin Barbaud three different times under that which you say was wrote by Mr. Davis? - I did not endeavour to imitate it; I put this piece of paper into my pocket; there is an account of the weight of some barrels of coffee upon it that I took down for Mr. Matevia, and I was so far from thinking the paper of any consequence, that I should have made use of it, if I had wanted a piece of paper when I went to the necessary.

How came it to be preserved at all? - More providence than any thing else.

When did you write the name Benjamin Barbaud which is wrote next under that wrote by Mr. Davis, before you indorsed the warrants or not? - Before.

Then the question is, whether that Benjamin Barbaud which is wrote next after Davis's Benjamin Barbaud , was or was not wrote by way of imitation of the Benjamin Barbaud above it - you tell us it was providence brought the paper out of your custody; I want to know in what way that was done? - I was informed that Mr. Davis was taken up for forgery, and when I went before Sir John Fielding , I delivered up every thing I had; I shewed him the paper.

You knew at the time when you appeared before the justice, that you had this piece of useless paper, as you understood it, in your custody? - I did.

How came you to preserve such a scrap of paper as that, which you thought of no use? - That was mere accident.

And yet, still you readily recollected that you had such a thing in your pocket? - Yes, because when I went to the privy I had frequently torn pieces from it.

Did you ever see an India warrant before this? - I have, but I never inspected into the clerk's signing them.

You understood the nature of India warrants? - I was not conversant enough in it readily to fill up one.

But you knew enough of warrants to know that it was necessary to indorse the warrant in order to entitle the person that was a bearer of it to the delivery of the goods? - I did not know about the indorsement so much as I do now, I knew it was some form.

But you knew it to be a necessary form; you never saw one forged before I dare say? - No.

You did this thinking it a mighty innocent thing? - I did.

How came Mr. Davis to apply so readily to you at Mr. Matevia's counting-house to do this office for him, why could not he have done it himself? - Mr. Davis must know that best himself.

All the names of Barbaud that you wrote upon that paper, were wrote at the coffee house? - No, only the one immediately under that wrote by Mr. Davis.

Where did you write the name of Barbaud upon the warrants? - At the coffee house.

All of them? - Yes; in the morning when I went to Mr. Matevia's counting-house I spoke about it to Mr. Clarke, as he understood business very superior to me; I called Mr. Clarke out of the counting-house as there were two other gentlemen there; I told Mr. Clarke that I had indorsed a parcel of warrants in the name of Barbaud, and asked him whether he knew Benjamin Barbaud ; Mr. Clarke said he did; I asked him if he was gone to America as a soldier and an officer, because Mr. Davis told me he was gone to America as a soldier or an officer; I said it was a thing I did not like, but I supposed there was no harm in it, for Mr. Davis had told him the story as I have related before; Mr. Clarke said, I dare say there is nothing in it, it is a mere matter of form, and Mr. Clarke made very trifling of it; I took no further notice of it, but went into Mr. Davis's service, and had laid out some small sums for him in his watch business; I went into his service on Wednesday the 17th of July, and staid with him till Tuesday; on Monday I did not see him, but thought he was out of the way; on Tuesday I did not see him; when I went in the morning there was a cart at the door, and his furniture was removing away.

To whom else did you disclose it afterwards? - Nobody else then, till I heard that Mr. Davis was taken up for the forgery; his mother-in-law told me first of it.

After he was taken up, who did you speak then to? - I told several, then I told Mr. Dornford of it, and Mr. Matevia, and others.

Did you tell Mr. Hambilton of it? - Yes.

You was taken up yourself? - I was not.

Nor detained? - I was never detained.

Did you never say you had any promises in order to be a witness in this cause? - No never, nor I never had any promises made me.

You never said so to Mais? - No, nor I never had the least promise in the world from any body.

Council for the Crown. How came you to go before the justice at all? - Mr. Hambilton said to me, I am very sorry you have got yourself into a hobble, I would have you go and tell the whole to Sir John Fielding ; I went upon his advive and told the whole to him.

To MAIS. Did Slop tell you he had a promise? - I heard Mr. Simes say, he would recommend him to the East India Company.

Was Slop present? - I don't know.

Had you ever any conversation with Slop upon it? - I cannot say that I ever had; only I understood that he was to be recommended to the Company.

VALENTINE CLARKE sworn.

Where do you live? - I am book-keeper to Mr. Matevia.

Had you ever any, and what conversation with Thomas Slop touching the indorsing of some India warrants? - Mr. Slop one morning, about three months ago, acquainted me, that at the request of Mr. Davis, he did the day before go with him to the other end of the town, and that by the way Mr. Davis told him, the business he was going upon, was to borrow money upon East India warrants that were made out in the name of Mr. Thomas Barbaud ; that Mr. Barbaud had omitted to indorse these warrants, and was out of the kingdom; that the money could not be advanced upon them without the indorsement of Mr. Barbaud, and that as he construed it to be a mere matter of form, he requested Slop would sign Barbaud's name, which Slop told me he did, and in consequence of that the money was advanced upon the warrants.

Did you give him any advice, or say any thing upon the occasion? - He expressed an uneasiness at the part he had taken, and asked me if he run any risque; in the manner he related what had passed, I really did believe it was a mere matter of form; that the fact was as Mr. Davis had stated it; that the warrants were real, and that the name of Barbaud's not being upon it was an omission, as he had represented it to Slop, and that the consequence of Slop's indorsing the name of Barbaud would not be detrimental to him.

So you told him it was a mere matter of orm and could not be detrimental to him? - I told him, that from the manner of his relating it, I thought it a mere matter of form.

Did you ever see Mr. Davis write? - I have.

Look at that paper (the forged warrant) is any part of that his hand writing? - It has undoubtedly such an appearance to me, but I really cannot say whether it is or no.

Are you well acquainted with his hand writing? - I am.

Counsel for the Prisoner to SLOP. Whether you have ever said that you would endeavour to hang Davis? - No, I never did.

GJHN HAMBILTON sworn.

What are you? - Clerk to a broker.

Do you remember having any, and what conversation, and when with Thomas Slop ? - I do, on Wednesday morning, the 23d of July, as well as I can recollect, Mr. Slop told me. -

Counsel for the Prisoner. Was it before or after Mr. Davis was taken up? - After.

Counsel for the Prisoner. Then I object to it.

Counsel for the Crown. It is to shew that it was by the witnesses advice that he went to the justice, and not by compulsion, but I shall not press it.

THOMAS BRADSHAW sworn.

What business are you? - A watchmaker.

Do you know the prisoner? - Yes.

Do you know his hand writing? - I have been conversant with it.

Should you know it if you was to see it? - I cannot be positive.

Look at that? - (the forged warrant) I think it is something like his hand writing.

You have often seen him write? - Very often indeed.

You think that is his hand writing? - I think it to be so.

Cross Examination.

Is it all together like his hand writing? - I cannot absolutely say that it is his hand writing or all together like it, it appears to me to be like his hand writing.

Do you mean his common and usual manner of writing? - I cannot absolutely say that it is his hand writing, but I think it is.

You have seen Davis write very often? - I have.

Then you, who are a man of business, must be so conversant with his hand as to perfectly understand whether that is like his hand writing? - To be sure.

May be you may have seen him write, or have received letters from him? - I have seen him write and received letters from him some time ago.

You are well acquainted with his hand writing? - I am.

Then I should think you would not pause upon it, but boldly pronounce, that this is his hand writing? - I do every thing but swear to it.

Have you any particular meaning when you lay an emphasis upon the word something? - I have this meaning; that I cannot absolutely swear to a man's hand writing.

Then you are doubtful? - I am not.

It is a very plain question I ask you; if I was asked the question you are, I would say I had no meaning at all in the word something, to distinguish it from being very like, I would say that, or else I would say, that I delivered the word something, meaning to imply in it some degree of doubt; now is it one or other of these you mean? - I have no doubt that it is his hand writing; I meant by something, that I would substitute something; not to say that it is absolutely his hand.

Counsel for the Crown. Was you not formerly in partnership with the prisoner? - I was.

You have often seen him write then? - Very often.

COURT. Would you be willing to swear to any man's hand writing? - I would not indeed.

Would you swear as much to this as to any other man's hand writing that you had not seen write the thing? - I would.

The warrant read.

"Messrs. Ruddock and Simes,

"You are desired to deliver to Mr. Benjamin

"Barbaud, or his assigns, by indorsement

"hereon, and the bearer giving a receipt

"on the back hereof, the following

"goods; that is, per Nassau, No 540 in the

"margin, folio 135, lot 934, 3 Casks Stick-lack,

"Qt. 521 at 8 l. 9 s. sold him by the united

"East India Company in September sale 1773,

"he having paid for the same 43 l. 16 s. 8 d.

"for which a receipt of this number and date

"is given; London this 27th day of April

"1774.

John Malan , Richard Callow .

WILLIAM HODGES sworn.

You keep a lottery-office in Pall-mall? - I do.

Mr. Drybutter lives in the upper part of that house? - Yes.

Did he at any time give you a parcel of warrants to be examined at the India House? - Upon the 12th of July he gave me twenty-three to be examined at the India House; I went to the treasurer's office, a young man that I applied to there took me to Mr. Harris the treasurer; Mr. Harris went with me to Mr. Simes, who said they were forged.

Did you deliver all you received from Mr. Drybutter to Mr. Simes? - I delivered them to the young man, he delivered them to Mr. Harris, and Mr. Harris to Mr. Simes, all in my presence.

JOHN SIMES sworn.

In what station are you at the India House? - Warehouse-keeper.

Do you remember at any time Mr. Hodges coming there with a parcel of warrants? - Upon Saturday the 20th of July he came with twenty-three warrants; I immediately saw that they were all forged warrants, I marked them all.

Be so good as look at that (the warrant in question)? - That has my name on the back of it, that is one of the warrants that was produced.

Do you know of any such person in the service of the India Company in any office, as Richard Callow , and John Malan ? - Neither of them.

There is the name John Ruddock , what is he? - He was warehouse-keeper at that time, he is now dead, I was deputy to him then.

Then he at the September sale 1773 was a warehouse-keeper? - Yes, he was.

Is that in the usual form of delivering goods at the India House? - It is.

Be so good as to tell, whether the receipt and warrant when joined together before they are severed and cut off, are delivered in that form at the India House? - This is the Company's warrant, filled up by whoever thinks proper in the usual mode, but not signed by the Company's officers.

Are they such good securities as that people frequently borrow money upon them? - Yes, if properly signed and properly indorsed, they are very good security; I have lent money myself upon them.

JOHN HOLLOWAY sworn.

Prisoner. I beg the other Holloway may withdraw while this is examined.

[He is ordered to withdraw.]

What are you? - A smith and ironmonger.

Was you ever desired, and by whom, to prevent Thomas Slop from giving evidence against the prisoner at the bar at this trial?

Counsel for the Prisoner. I object to that question.

Did the prisoner ever speak to you about it? - Never.

Had you yourself any conversation with the prisoner upon the subject either before or after? - Not till after.

Had you ever any conversation with the prisoner about Slop upon any occasion whatever? - I was with him one evening at Newgate, it was on the Friday evening in the last sessions; Mr. Davis desired my brother to give a character for one 'Squire Vaughan, who was to come to town, and who had sent his servant to take lodgings for him; when the maid servant came to me I did as my brother desired me; that evening I was with Mr. Davis, he informed me, he was exceedingly sorry he had deceived me, or to that purpose; that there was some scheme that had been in hand and he found it was frustrated; I was much agitated about it; he then told me, that the house that I desired my brother to give a character for, was for two men, who had taken it for the purpose of conveying Slop away, but not, says he, as I know any thing of it myself, but two men came to me at the prison about it, two rascals he called them; he said he knew nothing of what their scheme was, but only under some pretence to serve him they came to him.

He did not approve of it? - No, he seemed concerned that I had been imposed upon, and seemed much concerned that they had taken the steps they did take, and appeared as if he knew nothing about it.

PRISONER's DEFENCE.

My lord, the defence that I can make is, that I did not know that the warrants were forged; Mr. Drybutter said, that he had shewn the warrants which I had delivered to him to several persons, and at last he testified his uneasiness; he said he was afraid I had deceived him; I told him I had not, I had received them from another person, and the warrants that I had, I knew were good, and they may be agreeable to the list that Mr. Drybutter has shewn, but I am sure the warrants I had were good; and there is Mr. Dornford the wine-merchant knows very well that I dealt in drugs, and that I paid at that time a large sum; about 4000 l. for these warrants; I deposited 2000 l. in the hands of Mr. Dornford, he has got them now, and the other 2000 l. worth I borrowed money now and then upon, when I wanted money to apply to my business; I borrowed money upon these from Messrs. Smith and Payne several times, and from other bankers, and I redeemed them when they desired I would; the warrants that I left with Mr. Drybutter, were certainly not forged, or else I am deceived in 2000 l. myself; Mr. Edward Lloyd , who is absent by illness, lent me 5 or 600 l. upon a parcel of warrants; Mr. Lloyd came to me once upon 'Change, and, said they were not indorsed, I went to the broker and got them indorsed immediately; as for these I am quite ignorant of them, if they are forged I am deceived in the sum they purport; there are a great many gentlemen well known that will appear to my character, and I believe it will be found, that I am not guilty of such things; they will convince your lordship and the gentlemen of the jury of my fair dealing.

FOR THE PRISONER.

JAMES NOAKS sworn.

I have been an inhabitant of Charterhouse-square above thirty years; I am a watchmaker, I did not know Mr. Davis till he came into the square, which is about three years ago; I dealt with him, and always found him very fair and honest, and would have trusted him 500 l. with a great deal of pleasure; he always paid me very well.

Mr. - LLOYD sworn.

I live in Montgomeryshire.

You live upon your fortune? - I do.

How long have you known Mr. Davis? - I believe about five or six years ago; I recollect his coming to me to desire that I would assist him by recommending him to some of my friends in town; he told me he was going to set up in the coal trade; he explained to me that he was my neighbour's son; he desired me to recommend him to some families I knew in town: I took then an opportunity of enquiring of my neighbours, what sort of a young man he was, for I did not immediately recollect him; I found him to be my very near neighbour's son and of an extraordinary good character; since that I have recommended him to my friends, from each of them I have, I believe, heard, that he had a most deserving character, particularly from a relation of mine to whom I recommended him; he has many times, I believe, assisted him with money, and patronized him as much as one neighbour could another.

What has been his general character for these last six years? - Exceedingly good; I have myself known instances where he has interfered in the support of his family in a most exemplary manner.

Mr. JOSIAH DORNFORD sworn.

I am a merchant, and live in Philpot-lane, Cannon-street; I have known Mr. Davis above ten years, his character has been always very good; I had such an opinion of him that I have frequently lent him money and assisted him from time to time in the course of these years that I have known him.

Do you know any thing of Slop? - I know so much of him as this, that he was clerk with a brother-in-law of mine where my son was apprentice, he happened to mention this affair; and I saw him once upon 'Change, there were a knot of people gathered about him, and he appeared to be in a good deal of displeasure, and I heard him say he would hang him if he could.

You are positive of that? - I am quite sure of it.

And the prisoner has always-bore a very irreproachable character? - Yes, and I have lent him considerable sums of money upon warrants at different times; I lent him about 13 or 1400 l. upon 2000 l. worth of warrants, and have them in my hand to this time, and they are very good I believe.

Counsel for the Crown. Had you known Slop previous to this time? - I had.

You was not in conversation yourself with him? - No; I heard him talking with other people.

Are you any relation to the prisoner? - None at all.

In no shape? - In no shape in the world.

COURT. It was mentioned by Drybutter at the beginning of the trial, that the prisoner told him you had these very warrants in your possession? - I know nothing of these warrants, I have warrants in my possession to the amount of about 14 or 1500 l.

You have nothing to do with that transaction with Drybutter? - No; Mr. - my relation, bought a great number of goods for Mr. Davis.

COURT. Do you remember about Midsummer last delivering any warrants to the prisoner that you had of him? - It was very frequent to deliver warrants, because as these warrants were deposited as the goods were sold, the money was paid and the warrants delivered.

Whether about Midsummer last you delivered 2000 l. worth of warrants to the prisoner by way of changing the security, because he represented to Drybutter that he wanted to discharge your securities, and therefore, borrowed this money of him; now whether you at that time did or not deliver out 2000 l. worth of warrants will make a great difference in this business? - I don't recollect that I did.

You must recollect if, he redeemed 2000 l. worth at that time? - No.

How long have you had the warrants in your custody of Davis's? - For these two years they have been changed.

Have you received any since last Midsummer? - No.

Then all you have now in your hands, you had in your hands; before Midsummer? - About that time I suppose it may be.

MATTHEW STEVENS sworn.

How long have you known Mr. Davis? - About four years.

What has been his character in life during the time you have known him? - Exceeding good; I lived with lord Grosvenor as his steward, Mr. Davis was recommended to serve lord Grosvenor with Coals; we have had several transactions with him during the course of that time; he has always behaved with the greatest propriety in every respect; I know no man that ever bore a better character; I have entrusted him with 4 or 500 l. of my own money, which he has laid out for me.

Mr. JOHN HYATT sworn.

I am a merchant; I live on College-hill.

How long have you known Mr. Davis? - Between seven and eight years; I knew him while he lived with Mr. Andree: I had the greatest opinion of him, and had a particular friendship for him from his well known character, from being anxious to see him prosper in the world; I have had frequent connections with him till within some few months that I have not seen him; his general character was of the best, and such as I should always be happy to have among my acquaintance in every respect; I came voluntarily to appear in his favour; I was not subpoenaed.

Mr. MATEVIA sworn.

Where do you live? - In Rood-lane.

What is your profession? - A broker and merchant.

I believe you are master to the evidence Slop? - Yes.

How long have you known the prisoner? - Five or six years.

What has been his general character? - None better; I trusted him often, and he has always satisfied me very well.

Mr. - ERNST sworn.

I am a broker, I live in Throgmorton-street: I have known Mr. Davis six or seven years.

What has been his general character during that seven years? - I formed it upon my own private opinion, his general character has been a very honest worthy man, I was glad and desirous, when I broke off the brokerage business, to be in connections with Mr. Davis, on account of the fairness of his dealings, the decency, the honesty I perceived in all his transactions, almost a determined scruple upon every thing that did not appear fair and evident in trade, whenever he did not see any thing clear and fair transacted; I have had not only goods that I purchased for him at the India company, but I have had many and many opportunities to re-purchase goods bought by others and by himself upon warrants; these warrants have continually proved very good, and have never made the least demur in any thing; I must own when he got into the watch-making branch he was out of my line; I have trusted him with a thousand pounds at a time, and would at any time have willingly done it; I came voluntarily, but could not bear to see him in this situation without informing the court of his character.

- JONES sworn.

I am a man's mercer: I have known Mr. Davis for twelve years; he had an extraordinary good character at all times; if he had made application to me for any assistance or any service, I should always have been willing to render it him.

WILLIAM DAWSON sworn.

I live in Warwick-lane, and am a watch-case-maker: I have known Mr. Davis two or three years.

What is his general character? - He always paid me, and always behaved as an honest man; that was the character I heard every body give him.

ROBERT HUGHES sworn.

I am an oil-man in St. Martin's le Grand: I have known Mr. Davis ten or eleven years; he bore an exceeding good character during that time.

RICHARD JONES sworn.

I am a clerk in the Bank: I have known Mr. Davis fifteen years, he has bore a universal good character, and esteemed by all his acquaintance as much as any man living.

WILLIAM MATTHEWS sworn.

I have known Mr. Davis near three years; I have done business for him ever since he has been in the watch business; he always paid me honestly, and bore a general good character.

RICHARD PETTIT sworn.

I am connected with the commissioners of the sewers for the Borough: I have known Mr. Davis upwards of ten years; I always have heard a very good character of him, besides I have been very intimate with him for several years, and never heard the least shadow of any thing to the impeachment of his character, till I heard of this affair.

EDWARD PRICE sworn.

I have known the prisoner about ten years; he has an exceeding good character; he is a sober, honest, industrious man, and universally esteemed by all his acquaintance.

Mr. THOMAS PLUMMER sworn.

I am a merchant: I have known the prisoner seven years; he has an exceeding good character; I have had several transactions with him, he has behaved exceedingly honourable; I have lent him money and discounted bills, both which were very duly and honourably paid.

- SMITH sworn.

I am an hosier in Cheapside: I have known Mr. Davis between seven and eight years, during which time I always believed him to be an honest man; that was his general character.

DANIEL STANLEY sworn.

I am a coal-merchant in St. Martin's le Grand: I have known the prisoner five or six years; he has an universal good character; I have done business with him, he always dealt with honour.

After Mr. Justice BLACKSTONE had summed up the evidence, the prisoner addressed himself to the Court as follows:

Prisoner. My Lord, I am informed there is an evidence ready to be examined in my behalf that has not yet been called upon; he was in the country and is just arrived; he will prove how I came by the warrants; his name is Larpell; he is at Snow-hill, I have sent for him; he will prove I received the warrants of one Evanson, who, it is reported, upon my being taken, drowned himself.

To Mr. MATEVIA Do you know any thing of the payment of these warrants, and how they came into Davis's hand? - I know nothing of the warrants; I have paid warrants for him, and he has given me money.

Prisoner. If I said from the anxiety I must be in through my unfortunate situation that I had this warrant of Mr. Matevia, I did not mean so; I am deceived in these warrants, and your lordship will find so; I had them of one Evanson, who, when I was taken, drowned himself; I did not pay him the full amount; I paid him as much as I could.

COURT. Where did Evanson live?

Prisoner. In Tower Royal.

COURT. At what time did you receive them?

Prisoner. I received these warrants about the middle of June from his clerk at my house.

COURT. What time of the day did you receive them?

Prisoner. He came early in the morning; I could not accommodate him then with the money he wanted; I gave it his clerk in the afternoon; the clerk's name is Larpell; I believe there was a person at my house at the same time that can confirm it; I gave him about 14 or 1500 l. in the afternoon, part of which I borrowed of a Mr. Northy.

COURT. You made an application to the court last sessions to put off your trial upon account of the absence of a material witness, Mr. Lloyd; Mr. Lloyd has only given you a character by hearsay, you never mentioned this witness then?

Prisoner. That was another person, a Mr. Edward Lloyd , who I expected would have appeared for me, to prove that when they have omitted to indorse warrants, it is customary to leave their clerks to indorse them to prevent hindering goods from going out.

To Mr. MATEVIA. Is it customary for clerks to indorse warrants? - I never heard it.

WILLIAM COLVILL sworn.

I am a volunteer in this business, I was clerk to Mr. Matevia: I know Mr. Matevia has paid money to the East India company ; I have wrote Mr. Matevia's name when he was out of the way.

ISAAC LARPELL sworn.

Counsel for the Prisoner. Mr. Davis, what would you have me ask this witness?

Prisoner. Whether he did not bring about 2000 l. worth of warrants to me?

Larpell. I brought some paper from one Mr. Evanson in May last; I don't know whether they were warrants or not.

COURT. What time in May was it? - About the middle of May.

What are you? - An enameller.

Are you a clerk to any body? - Not exactly, I do business for any body; I brought the papers from Mr. Evanson to Mr. Davis.

Are you Evanson's clerk, or did you ever act as Evanson's clerk? - No.

You don't know what the papers were? - Not exactly, there was Mr. Barbaud there at that time; they said they were India Bonds or some such things.

Did you bring them to Davis in the morning or the afternoon? - It was about the middle of the day.

Before dinner? - Yes certainly, I left the papers with Mr. Davis.

Did nothing else pass? - Nothing as I remember.

Did he give you no papers in the room of them? - What he delivered to me I delivered to Evanson; I don't know what it was.

Did he pay you 14 or 1500 l.? - I don't know what I paid; I carried some papers.

Where did you come from now? - From a house in Westminster this morning; I have been waiting about here these two hours till a person came and fetched me.

GUILTY . Death .

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

When William Davis was set to the bar with the rest of the capital convicts to receive sentence, upon the clerk of arraigns putting the usual question, What have you to say why Judgment of Death should not be pronounced upon you? he addressed Mr. Serjeant Glynn, the Recorder, in the following words:

I have nothing more to say than that though my heart shudders at the thoughts of the sentence which your lordship is going to pass upon me; yet, what am I more than my fellow companions in tribulation? will your lordship suffer me to lay my unfortunate case before you in a few words?

Though a young man, I am the father of three helpless children - a husband of a loving wife big with a fourth - a son of a tender and an aged mother; all of whom I have supported for many years, not as may be thought by the gain of deceit, but by means of my honest labours.

If justice condemns the action, I can appeal to the Searcher of hearts that it does not my intentions, for I did not intend to deceive any man; I intended to have paid my prosecutor on the 28th of last month, and in order so to do, to have gone to Scotland to receive a sum that was due to me, sufficient for the purpose: were my intentions to deceive, I should have had art enough to have made it appear otherwise before your lordship and the gentlemen of the jury - if instead of fulfilling civil engagements to the amount of 10,000 l. which I have paid the greatest part of; which my credit (which I was very tenacious of) would not have been hurt if I had put it off - I paid 10,000 l. as appears by this book, which I humbly submit to your lordship, and Mr. Smith my banker, who is here, can confirm it, perhaps it may be immaterial - if I had intended to deceive, I should certainly have reserved a sufficient sum to secure to myself greater peace than I now enjoy; for I might have gone off with a much larger sum than 1900 l. in the course of four months after I received it, and I should not have suffered myself to be taken in my own house by Mr. Drybutter, a very little man, who I could have put down with one hand; he took me in my own house, where the greatest opportunity was offered me for escaping - I might say a great deal more, but it would be an intrusion upon your lordship's time.

I beg that in the midst of judgment you will remember mercy, and suffer the cries of a helpless mother, a loving wife, and my helpless children to have access unto your ears: then the blessing of them who are ready to perish, will fall upon you; for my own part, I shall ever pray that the same mercy that has often been extended by your lordship, may be extended to you when you shall appear before a much more awful tribunal than I now have the misfortune to appear before.

737. WILLIAM LUTWYCHE was indicted for stealing a diamond ring set in gold, value 20 s. the property of Maria Forster , spinster , September 26th .

MARIA FORSTER sworn.

I live in the Spaw-row, Spaw-fields, Islington : my servant and I had some difference, and she went before justice Blackborough, and swore I struck her; the prisoner and another man came to serve me with a warrant; I had put the ring on the mantle-piece the night before, when I returned from the justice, which was in about a quarter of an hour; I recollected that I saw the prisoner put his hand up to the mantle-piece in the parlour; there were some shells on it; I said to a lady that was there, I could not think what the man did with his hand on the mantle-piece; I looked at my finger, and then recollected that I had put the ring there the night before; I went and looked there for it, and it was gone; upon which the justice granted a warrant, and the ring was found upon the prisoner.

WILLIAM LANGLEY sworn.

I attend justice Blackborough's office: the prosecutrix told me the prisoner had stolen a ring; I got a warrant and took the prisoner at the Oxford-arms; I brought him before justice Blackborough; I searched him and found the ring down the thigh of his breeches, between his breeches and his skin.

[The ring was produced in Court, and deposed to by the prosecutrix.]

PRISONER's DEFENCE.

I found the ring.

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

GUILTY .

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

[Branding. See summary.]

[Imprisonment. See summary.]

738. THOMAS STEVENS was indicted for stealing sixteen printed books bound in leather, entitled,"The Holy Bible with "Notes," value 10 l. the property of John Rumgarton , September 25th .

'The bibles were taken from the prosecutor's

'boy as he was carrying them to

'Mr. Pasham's; but the boy could not swear

'that the prisoner was the man that took

'them: the books were found at the bar

'of a public house kept by one Morris, near

'Temple-bar; but there was no evidence that

'the prisoner left them there.'

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

739, 740. HENRY FOSSETT and JAMES BROCKLEY were indicted for stealing a linen handkerchief, value 16 d. the property of Richard Belson , September 23d .

RICHARD BELSON sworn.

On the 23d of September, at about half after seven at night, as I was walking along the Poultry , a friend asked me if I had lost my handkerchief; I put my hand into my pocket and missed it; it was afterwards found on one of the prisoners.

THOMAS VASS sworn.

On the 23d of September, at about eight in the evening, going along the Poultry I saw Fossett take the handkerchief out of the prosecutor's pocket; Brockley was with him; I followed them and secured them in Aldermanbury, and found the handkerchief in Brockley's pocket; I left them in a house, and went back to the prosecutor.

[The handkerchief was produced in Court, and deposed to by the prosecutor.]

FOSSETT's DEFENCE.

I did not take the handkerchief.

BROCKLEY's DEFENCE.

I found the handkerchief by the Mansion-house.

BOTH GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Whipping. See summary.]

741. ELIZABETH BELSON was indicted for stealing a woollen cloth coat, value 20 s. and a woollen cloth waistcoat, value 10 s. the property of John Bidwell , September 19th .

JOHN BIDWELL sworn.

I live in Silver-street : the prisoner was my servant ; she went away upon Thursday; I did not miss my things till the Sunday following; I went to Mr. Hughes's, for whom a man she cohabited with worked, and told him of it; she came to him to enquire for the man, and he brought her to me; she confessed she had pawned them at Mr. Davis's in the Borough; I went to Mr. Davis's with a constable, and found them tied up in one of my handherchiefs.

Did you make her any promises to induce her to confess? - No.

JAMES DUCK sworn.

I am a servant to Mr. Davis, a pawnbroker, in the Borough: I received the coat and waistcoat of the prisoner on the 19th of September; she pledged them in the name of Monk; she had used our shop before by that name.

PRISONER's DEFENCE.

The prosecutor gave me authority to pawn the things.

Prosecutor. I knew nothing of it till the Sunday following.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Branding. See summary.]

[Imprisonment. See summary.]

742. SARAH HALL , spinster , was indicted for stealing three blankets, value 12 s. two linen sheets, value 12 s. a white cotton counterpane, value 20 s. six linen bed curtains, value 16 s. a table cloth, value 2 s. and a linen pillow bier, value 2 s. the property of John Barns , the said goods being in a certain lodging room let by contract by the said John to the said Sarah , September 15th .

JOHN BARNS sworn.

I live at the corner of Kirby-street, Hatton-garden : I let the prisoner a two-pair of stairs room ready furnished; I went up into the lodgings on Sunday was three weeks, I observed that the lodgings were stripped of almost all the furniture; I missed in 'particular the things mentioned in the indictment (repeating them); she acknowledged that she had pawned them partly at Jones's, a pawnbroker's on Saffron-hill, and partly at Mrs. Bond's in Shoe-lane.

SARAH BOND sworn.

I keep a pawnbroker's shop in Shoe-lane: a woman pawned some things with me by the name of Sarah Hall, particularly these curtains; I believe it to be the prisoner, but I am not positive to her person.

[The curtains were produced in Court, and deposed to by the prosecutor and his wife.]

WILLIAM JONES sworn.

The prisoner pawned with me the several bed cloaths that are produced, all but the blankets.

PRISONER's DEFENCE.

I did pawn the things, but I meant to redeem them; I did not intend to wrong my landlord.

GUILTY .

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

[Branding. See summary.]

[Imprisonment. See summary.]

743. ANN PENDRELL was indicted for stealing a linen shirt, value 7 s. and a muslin apron, value 1 s. the property of Edward Egginton , September 13th .

EDWARD EGGINTON sworn.

I live in Mutton-lane : the prisoner was my servant ; she absconded on the 13th of September, and on the 14th I missed the things mentioned in the indictment; we took her, and she confessed she had pawned the shirt and apron at Mr. Lowe's on Clerkenwell-green; I made her no promises.

JAMES LOWE sworn.

I am a pawnbroker: I took in a muslin apron of the prisoner on the 11th of September, and a shirt on the 12th; she pawned them in the name of Ann Pendrell .

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

PRISONER's DEFENCE.

I beg pardon; I hope the court will be as favourable as they can: I have no witnesses.

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

Tried by the First Middlesex Jury before Mr. RECORDER.

744. JAMES HAWES was indicted for stealing a silver milk pot, value 4 s. the property of Edward Speakman , September 12th .

'It appeared upon the evidence that the 'prisoner went to the prosecutor to enquire

'for one Wright; as soon as he was gone

'the prosecutor's wife missed a milk pot;

'she instantly made an alarm, and the prisoner

'was pursued and taken in a garden

'into which he had ran, which was no

'thoroughfare; he was brought back to the

'prosecutor's house, and the milk pot was

'afterwards found in the garden.'

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

745, 746. ELIZABETH BROCKLEY and ANN PHILLIPS were indicted for stealing a piece of printed cotton containing fifteen yards, value 40 s. the property of Daniel Allenby and Charles Bonner , September 25th .

DANIEL ALLENBY sworn.

I am a linen draper in partnership with Charles Bonner ; the prisoners came to our shop on the 25th of September, and fixed on a piece of cotton in the window; I desired them to walk in; while I was shewing them some cottons another customer came in; I turned to the customer in another part of the shop; my partner came in, and then I returned to wait upon the prisoners; they went out of the shop; a neighbour came in and told me he thought Phillips had got something concealed; I went out and found them standing at a fruit shop; I brought them back; as I was leading Phillips through the shop the cotton fell from her; I saw it white, it was part under her petticoats; there was not any particular mark on it; it corresponded with the cotton I missed.

CHARLES BONNER sworn.

When Phillips was brought back I saw the cotton taken up near her feet in the shop.

SIMON EARLE sworn.

I saw something under Phillips's petticoat when she came out of the prosecutor's door, and afterwards at the fruit stall I saw some-hang hang down below her petticoat; she seem ed sensible of it, and tried to hide it; I informed the prosecutor, and he secured them.

' JOSEPH THOMPSON the constable, who

'had the charge of the prisoners, produced the

'cotton, which was deposed to by Bonner.'

The prisoners in their defence denied the fact.

Jury to ALLAMBY. Did Brockley cheapen the cotton? - Elizabeth Brockley was the person that cheapened the cotton, and kept continually pointing to the pile, in order, I suppose, to divert my attention.

BOTH GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Branding. See summary.]

[Imprisonment. See summary.]

747. RICHARD ARNOLD was indicted for feloniously committing a rape on the body of Elizabeth Russ , spinster , September 14th .

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

ELIZABETH RUSS sworn.

Tell what passed between the prisoner and you? - I must tell my story as I did before; I had not a pen and ink to set it down.

Who was you servant to? - Mr. Arnold in St. Dunstan's ; I had been his servant to the best of my remembrance four months before I was carried to the hospital.

Cannot you tell when you came? - No; I cannot tell what day nor what month.

How long had you lived with him before this happened? - This happened five weeks ago; I lived with him fourteen weeks before, I think; I sat up for my master and a gentleman lodger yesterday was five weeks; about twelve at night my master came in first, and asked me whether my mistress was in bed? I told him she was; he asked me how long she had been in bed? and I told him according to the time; he sat down in his chair and pulled his garters off, and then got up and gave me a kiss; I asked him what that was for? he said, there was no harm in a kiss; I said, yes, there was, as he had got a wife; he then asked me if it was agreeable to me to go to bed with him that night? I said, I should agree to no such thing; he said, if it was not agreeable to me, there was no harm done, and he wanted to be rude with me in the kitchen, he put his hands up my coats; I struggled with him, and told him, if he meddled with me I would cry out; I told him I took him to be a gentleman, and I found him to be a rogue; I bid him let me alone, or I would make an outcry, and desired him to go to bed to his wife; he lit his candle and went to bed: I sat till the gentleman came home, and then I fastened my door and went to bed; I got up the next morning as usual, lit the fire and got breakfast, and packed up my things, intending to go away after breakfast; my mistress was in the kitchen; I said, madam, I am going up stairs to look up my things, I am going away; this might be about half after nine, breakfast was over; she made me some answer, but I don't know what she said; I went to my room, looked up my things, and put them up into two bundles; I thought after I had looked up my things I would make Mr. Dixon's bed; I made the bed, came down with the chamber-pot, and went up again with the pot and put it in its place; coming out of the room, I met my master in the landing-place of the stairs, he took me in his arms; I said, what be you going to do with me? he said, no harm; upon that I cried out murder; he carried me up stairs into the second room, my mistress's bed-room; I struggled with him from one bed-post to the other; I told him I would die or lose my life before I would yield to him, and I would cry out again; I struggled as long as I had any strength in me; he took me by the two shoulders with my hands behind me, and threw me down upon the bed; after he laid me on the bed, I cried murder, and struggled as long as I could, till I went into a fainting fit; and then he lay with me.

You recovered from the fit? - No; I could not assist myself, I was still in a fainting fit ; I could not get from him; then he lay with me; I felt him in my body, and felt something come from him, but I know not what.

You mean to say you felt his private parts in your private parts? - Yes; and something came from him; after he had lain with me, he violently ran his hand up my body; I felt his hand and fingers in my body, he hurt me very much; I shrieked out, and said, I was almost dead; after that, he went down stairs, and I went into my own bed-room; I was almost half an hour in my own room fainting away; I was obliged to pull my linen off, and afterwards put a cloth.

For what reason was you obliged to pull your linen off? - Because it was so bad with blood; after I had pulled my linen off, and rested a bit, I was ready to faint away; I got down stairs by the bannisters of the stairs, and went and got a drink of water, and then went into the kitchen, and sat about eight minutes, and then he came into the kitchen; he had two gentlemen in a little room with him; I did not see the gentlemen, I only saw their cloaths; he said, Bet, go fetch me some sugar; I said I would not; he said, I should; I said, there was some sugar I had bought of my own, he might have that; he said, that was not enough.

Were the gentlemen gone? - No; they were in the place; he insisted upon my going for the sugar; I told him I did not think I was able to go so far, and I could not go; he insisted upon it I should, and gave me some money to go for the sugar ; but in my fright I did not know what he gave me, whether a sixpence or a shilling.

Did you go? - Yes, I went for the sugar, and put it down on the dresser; the gentlemen were in the passage; I gave him the change.

How far did you go? - A few doors up; I don't know what sugar I brought, whether a pound or half a pound.

What sort was it? - We generally had seven-penny, it was the same I imagine; just as I delivered the change my mistress came in, and a gentlewoman with her, I was crying; she asked me what I was crying for; she said, my eyes were almost out of my head; I said, because my master would not let me alone; I asked her to let me go to a neighbour's house for half an hour, because my master would not let me alone; she gave me leave, and I went to Mrs. Bolton's, she had washed for us; I went into the room crying, the other lodgers came into the room; seeing me crying, Mrs. Bolton wanted to know what was the matter; I would not tell her till they were all gone out of the room; Mrs. Bolton desired to know what was the matter; after I had cried a great while, I told her my master had ruined me, and desired she would go for my mistress; she sent for her; I had a fit which held me an hour; three or four people could hardly hold me; when I came to myself, my mistress sat by my side in a chair, and she had brought a woman with her, to hear, I imagine, what I said; the woman of the room was there all the time; my mistress said to me, Now, Betty, tell me the whole truth what has passed; tell me whether or no your master has been great with you before this; I said, my master never said nothing to me in his life, nor never kissed my lips, nor did any thing bad to me till last night; I said, madam, last night I sat up for Mr. Dixon; you know I always sit up for him of a Friday night.

Did you tell her what you have told us? - The same story; I only told her that he had ruined me, and what he had offered the night before; I mentioned nothing to her of my linen; she never asked me any such thing, and I never resolved her; I thought she might stop my linen; I told my mistress what passed the over night, as I have told now; there was one thing I forgot before, when I went up with Mr. Dixon's chamber-pot, as I was on the stairs, I heard the street door shut; my mistress went out.

This is what you told your mistress? - No, I did not tell my mistress all this; I told my mistress he had ruined me, and what had happened over night, and what had happened in the morning; and she went away crying, and said, she would hear no more of it; I told her I would swear a rape against him; after she went out, my master came into the room; he pulled his-hat off, and flung at me, and hit me in my eye; I was on my knees on the ground, just come out of a fit, and a woman was holding me; he threw his hat at me, and called me b - h, and said, he had done so and so with me; he said, he had lain with me against my consent; he said, that it was not above three inches in, that he could not get me with child, and that he put his hand into my body; I have three witnesses here that heard it; but he said, I might do as I had a mind; I replied, I would swear on Monday, and would swear nothing but the truth; upon that he went out of the room; I was in fits almost all that day till night, when night came, I came out of my fits and got better: I desired Mrs. Bolton to go to my mistress for my things, if she would not let me have my wages; she went, and she would not let her have them; I said, I must have them; if she would not let me, I must have them by help; she said, if I could go she would go with me; I went with her, and told my mistress I was come for my things, and my mistress said -

Was your master there? - No.

COURT. You must not tell what your mistress said when your master was not present? - I came out with my things, and brought them to this woman's house; none of my friends knew what had happened, I said nothing about it that day; I went to my aunt the day after, she lives in Suffolk-street in the Borough; I said to the woman, if I was able to crawl, I insisted upon going to my aunt's to let her know the affair; she got a man, and he and she went with me to my aunt's; when I came there, my master's brother-in-law was there.

What is his name? - I never heard his name; I had seen him a great many times before; he was telling my aunt the story about my master and me, and wondered my aunt had not heard it; I came in while he was telling my aunt the story; my aunt said, this man tells me you have been great with your master, if you have, I will not encourage you in my house, it cannot be a rape, and desired me to tell her the story; I told her what happened on Saturday; I was very bad, the walking made me worse; they led me out of the kitchen; I said, Aunt, what is the matter with me, I am worse than I was, it seems as if my inside was coming away from me; she bid me not frighten her; upon that, she said she would not encourage me, she could not have the trouble of it: my master's brother wanted a coach to carry me to my master's house; I said, I would not go to my master's house, I would die first, and he ordered Mrs. Bolton and the man that went with me, to take me to my master's house; I said, I would not go; he said I must, and they got me into a coach and ordered the man to drive to my master's; when I came there, I could neither stand nor walk I was so bad; I desired the young man that carried me in, to go for a doctor, to see what was the matter with me; with that a doctor came who is a quaker, a Mr. Vaux; when he came, my master called him into the little room, what he said, I know not; when he came out, I was ordered to go up stairs, and the doctor had me into the bedroom to see what was the matter with me; I said to the doctor. I was very much hurt and injured by my master; that I was a poor woman, and hoped he would do justice on both sides; he told me I was very much hurt and swelled, and I was so; he told me not to fret myself and grieve, for he would get me well so soon as he could; he gave me medicines to cure me.

COURT. Were the medicines to be taken inwardly or to apply outwardly? - To take inwardly; he gave me medicines two or three times a day, and then he said he would give me something for my fits; I had fits all day on Sunday and Monday; on Tuesday I was better, but could not assist myself to make water or any thing; I had a nurse to sit up with me on Tuesday and Wednesday; on Wednesday the doctor came to see me, and said my swelling was better; all the while I was in the house he attended me two or three times a day; he was with me once or twice a day from the Sunday night till the Thursday; on Thursday he brought a doctor to see how I was, and to take me away to a lodging.

Who was that? - Mr. Grindall; he looked at me, but never said any thing to me how I was; after he went away, now says he, young woman, I will take you away to a country-house.

COURT. You must not mention what he said? - I was carried away to Walworth

What day was that? - The Thursday another doctor came, and dragged me down three pair of stairs; after he left me another strange doctor came to me; I was had away from my master's house by a doctor grown out a little in his back, I never saw him before; he said I must go, and dragged me down three pair of stairs to the lower pair of stairs; I said he would kill me; my legs were under me, sometimes before me, and sometimes behind; the coach was standing at the door; they put me into the coach and carried me to Walworth, and my mistress went in the coach to see where I was ; I was there a week, and the doctor that took me there attended me twice or three times a day; I had a nurse to attend me; I was very bad, and did every thing under me; I could not help myself the least in the world; I was there a week ; I was light headed; he gave me medicines, and at night stuff to make me sleep, but I never slept six hours while I was there; he gave me physic several times, and when it worked me he came to me at night and said I was thoroughly cured and well, that that was all he wanted; I said I was very bad ; he said you must go from this place; he told me my master was to come in the morning to let me know I was not to be any longer in that place; the next day he came again and said, if I was bad, I was bad; if I was well, I was well, but I must go out of the house, and the woman must get me out how she could; the woman told him they that brought me into the house must get me out; he said, he did not know that: the woman said, I must go to the hospital; he said, he did not know that, that he would not do any thing, and she might put me where she would; my mistress came the next day and my master's brother.

Don't tell what passed between your mistress and you. Did you see your master again? - No.

How long did you stay in that house? - A week, then I was sent to the hospital with the fits, and was weak and bad in my inside.

When did you complain to a magistrate? - So soon as I had my senses, and was out of my fits that I could go.

Did you see any more of your friends before you went to the hospital, besides Mrs. Bolton and your aunt? - No.

Which of your friends did you first see at the hospital? - When I came to the hospital I saw my mistress first.

Who of your own friends? - My first cousin, I believe was there.

When did you go before a justice? - The same day I was put into the hospital I went before my lord mayor; it was upon a Thursday I believe, it was the same day I came from Walworth ; I took a coach and went to my lord mayor.

Did any of your friends come to you at Walworth? - They did not know where I was.

Who went with you to my lord mayor? - The woman I lived with before, Williams and Mrs. Remnant, I believe.

Did a Mrs. Archer come to see you at Walworth? - I saw her once, she is a first cousin of mine; she had not seen me a great while; she never heard of me till that night; I told her what my master had done to me.

Cross Examination.

This happened to you on Saturday morning the 14th of September? - Yes, it might be so.

What day was it you quitted your master's house to go to Mrs. Bolton's lodging? - Between eleven and twelve of the same day.

You was very ill? - Yes.

Did you go to bed any time that day? - I was on the bed, in and out of fits, all day long.

What time of night did you go to bed? - I don't know what time of night; it might be nine or ten at night.

Did you get up next morning? - Yes; I don't recollect what time, I got up to breakfast.

Did you keep in the house all that day? - No, I got out of my fits, and went to my aunt's with a man and woman.

Did you walk to your aunt's? - Best part of the way the man helped me over the places I could not get over; I was carried from there to my master's without my consent.

When this affair happened on Saturday you met your master on the one-pair of stairs? - Yes.

He laid hold of you by the arms and carried you up to the two-pair of stairs? - Yes.

Are they winding stairs, or do they go strait up to a landing place? - It was strait up from the place he took me.

Did you try as he carried you up stairs to get your feet on the stairs, and to push back? - Yes, I did; I had my feet once on the stairs.

Did he carry you before him? - Yes.

When he got you into the two-pair of stairs room he threw you down with your hands under you? - They continued under me a good bit; I got one hand out to try to defend myself, and the other continued under me.

You struggled till you went into a fit? - Yes.

Was you sensible when you was in the fit? - I was not at first, when I came to myself I felt him in my body.

You went and shifted your linen? - Yes, and put it up in a bundle.

How long was it before you came down stairs? - A quarter of an hour, or near half an hour.

Had you your hat on when your master met you? - No, it hung up in the kitchen; I put it on when I came down to prevent the gentlemen seeing me crying, till my mistress came home to tell her the story.

When your master asked you to go for the sugar you argued a good deal with him, and told him you would not go? - I told him I would not go for the sugar.

Were the gentlemen by when all this conversation passed? - The gentlemen were in the little room; this was in the kitchen; my master came to me.

You told us of some doctor that dragged

you down stairs, did he drag you down the three-pair of stairs? - Yes, I had hold of the bannisters; I told him if he dragged me so I should be dead before I got to the bottom.

When you came to my lord mayor, you was in company with a Mrs. Williams and a Mrs. Remnant, a midwife? - Yes.

How long have you known Mrs. Remnant? - Never before; I told my friends I wanted a midwife to see me; I never saw her till the day I came into the hospital.

Who is this Mrs. Williams? - The mother of the mistress I lived with before I came to the prisoner's.

When did she see you? - She came to Walworth the night my cousin Hart came to see me; I never saw them before.

On the Saturday this happened you was not able to go to my lord mayor? - I was not, I was in fits all day.

ANN BOLTON sworn.

On this day was five weeks Elizabeth Russ came crying into my room; I was a scouring pewter.

You are a neighbour of hers? - Yes; I washed once at her master's house where she lived.

How near did you live to her master's? - About three or four doors off; she came to me about twelve o'clock, to the best of my knowledge, crying sadly; I insisted upon knowing what ailed her; she was some time before she told me; she at last said her master had used her with violence and ruined her; she cried all the time, and said she wished her mistress did but know; I asked her if I should go for her mistress, she said, yes; I went for her and her mistress came in, and presently after her master; her mistress asked her what her master had done to her; she was in a fit; her master came in; he threw his hat into her face, called her a b - h, and said he only put his hand up her body, and his thing went in but three inches, and that could not get the b - h with child; Mrs. Warton was in the room, and her mistress and her master; Mrs. Warton went out, she could not stand it any longer, I suppose; that is all, I took particular notice of it.

Did not you examine the part to see whether or no the story was true that she had told you? - I did not look, but her mistress took up her cloaths a little way; she staid with me that Saturday night; on Sunday I took her to her aunt's; I was afraid of her dying in my house; she was very ill that day, she was more in fits than out of them.

What sort of fits, fainting fits, or strong convulsion fits? - They were not fainting fits, she struggled; I could not master her; what sort of fits they were I cannot tell.

Did she beat herself much about? - No.

Could she speak when in fits? - No.

She did not faint? - No.

She did not beat herself much? - To be sure, she struggled, and was in a fit very often.

Was she subject to fits before? - I don't know; she told me she never had a fit in her life; I never had seen her but once before.

Was she able to take any refreshment with you that day? - She did not eat once to my knowledge.

Did she drink any thing? - She might drink some water; I don't know whether she drank any thing else or no.

The next day you went with her to her aunt's? - Yes, being better I got the young man to help me lead her there; we were a long time getting her there; I staid some time at her aunt's house; there was a relation of her master's there, who afterwards took her in a coach to her master's.

Cross Examination.

She struggled very much? - A good deal; she has been worse since.

Do you remember what time she went to bed that night? - I don't know for certain, she was on the bed almost all day; she went to bed before me; it was the very day the fire happened.

JANE ANDREWS sworn.

Do you know Elizabeth Russ ? - No more than her coming to the room of the last witness.

Do you remember any story you heard on the 14th of September? - I don't know the day of the month, but it was in the forenoon.

Was you in the room at any time about this day five weeks when Elizabeth Russ came in? - I was in my own room, and my door was open; I saw this young woman come up stairs; my room is up three-pair of stairs forwards; she came up crying; I said to Mrs. Pratt, what is the matter with that young woman? by that time she came to the top, I heard her stamp with her foot and shrick, I followed her into the room, and asked what was the matter?

Whose room was she in? - Mrs. Bolton's; I said, what is the matter? the young woman saw me, and said shut the door and let nobody in; I said again, what is the matter? Mrs. Bolton laid her hand on her, and said, what is the matter? then I went down into my own room; a little after Mrs. Bolton came down and spoke to me, and I went up into the room to her.

How long after you went out was that? - I cannot say; it was a little time after.

Did you go up with Mrs. Bolton into her room? - Not then.

Did the young woman ever tell you what happened to her? - Her master and mistress soon after came out of the room; her mistress said, do tell before these good people the rights of the thing; she still insisted her master had ruined her, and cried.

But did not particularly explain herself? - Lying with her and forcing her.

Did she say her master had lain with her? - She did say before her master, that he had lain with her, and forced her against her consent; I heard that several times; she told me many times that, -

Did she tell you in what manner he had served her? - Not so much to me as to her; I have a bad memory from a fever, and could not remember many things that were said.

SUSANNA HART sworn.

I live in Kennington-lane. of Kennington-road; I am a relation to Elizabeth Russ .

When did you first hear of what has happened to this unfortunate young woman? - To the best of my knowledge it was the 23d day of the month; I think it was on a Monday; I believe it was the Monday se'nnight after it happened, then I heard she was at her master's house; I concluded I should not go there to see her till she was moved; I found she was at Walworth ; I heard that from a woman she had lived with before; I went that night with her late mistres's mother and a relation of mine to Walworth to see her; when I saw her, I asked her how she did? she told me she was very ill; I desired her to relate the whole affair to me; she told me her master treated her exceeding ill, and ravished her; that the night before he committed the rape, while she sat up for the lodger and her master, her master came home first, sat down by the fire, undid his garters, and got up and kissed her; that she resented it, and he said there was no harm in a kiss; she said there was, as he had a wife of his own; that after that he put his hands up her petticoats, and she struggled with him, and then he went to bed; that she got up in the morning and did some of her work, and intended to go and pack up her things, and go after she had made the lodger's bed; that she went up with the chamber-pot, and that as she came out of the room she met her master on the stairs; that when she went up she thought her mistress was up stairs, but she heard the door shut afterwards; she told me her master had ravished her, and told me the particulars; I examined her, and according to the appearance I saw, I think she had been used extremely ill; this was on the Tuesday se'nnight after it was done, according to the best of my rememberance.

What were the appearances from whence you concluded she was used very ill? - From the outside appearance, she seem'd to have received bodily hurt, she seemed exceedingly sore and inflamed.

JURY. How long have you known this young woman? - I have known her ever since she was about five or six years old.

Do you know any thing whether she was subject to fits? - I never knew her having any thing, but once a fainting fit upon a fright, her mistress's child appearing to be almost dead.

Had you opportunities of being with her much? - Not very much; her father and mother left her very young; she was bound out by the parish, and then she went to service; she was bound out to a relation; I have enquired at the places I knew she had lived at, if she was subject to fits, and cannot find that she has had more than one.

MARY SIMKINS sworn.

I live in the house with Mrs. Bolton; I was in my own room; I heard a noise; they said Mr. Arnold's maid was in fits; I did not go up directly; I went up afterwards and she was out of fits and on the bed; I saw her linen; she told me her master had ruined her, and told me in what manner he had served her.

In what manner did she tell you he had served her? - That he had run his hand up her body, and after that was concerned with her.

How did her linen appear? - Very bad; I thought there was blood upon her linen.

Any other appearances but blood? - Nothing else.

Cross Examination.

Where did you see this linen? - Up stairs at Mrs. Warton's house.

The linen she had on? - No; the linen she pulled of; it was brought there.

JURY. How high is the house you live in? - Four story; I live in the two pair of stairs.

Mr. GRINDALL sworn.

I think it was on the Wednesday after the Saturday that this thing is said to be done on, that I was desired by Mr. Vaux to meet him to examine the young woman who lived at Mr. Arnold's; I did meet him, and went up to the bed-room where she lay and examined her thoroughly, as much as possibly I could; I was surprized to hear what she charged her master with, for I never saw in my life less reason to suppose a woman had been injured; and as to the hand, so far from the parts being sore, or being hurt, there was not the least swelling, the least inflammation, not the least discolouring; there was not the least reason to believe she had been so treated, as there must have been matter from the sore; upon passing my finger the passage was so narrow as scarcely to admit it; the parts did not seem the least torn.

As these were the appearances, what was you called in for? - Mr. Vaux, who is a Quaker, thought from the young woman's charging her master, that somebody should be called upon to give affidavit; he agreed with me, that the fits were all that was the matter with her, and that a little country air would do her good.

He agreed with you in the appearances? - Yes; I afterwards went to St. Thomas's, and examined her with Mr. Smith and the sister of the ward, and my assistant; we all agreed upon the appearances; she was brought into St. Thomas's last Thursday was three weeks ; I have no reason to believe any thing had been done to her; I thought on one side from the appearances that she had been scratching herself with her own nails; there appeared a scratch that was not there when I first saw her; there was no appearances of swelling or inflammation; there was at that time two or three streaks of blood on her shift, as if made with her finger stroked down.

Did you see Susanna Hart before the lord mayor? - No.

She has described very strong appearances two days before ; if she had been as she has sworn, could she have been so well on the Thursday? - I should think certainly not.

Counsel for the Prisoner. Do you think it possible to discover an internal hurt with the naked eye? - It must be hurt externally before it can be internally.

PRISONER's DEFENCE.

On Friday night I came home and sat down on the chair, at which time she and I agreed to lie together that night; she promised if the family were all a-bed to come to bed to me as she had done before.

FOR THE PRISONER.

Mr. THOMAS SMITH sworn.

I am a surgeon of St. Thomas's Hospital; the prosecutrix came to the hospital on Thursday the 26th of September; Mr. Grindall and I examined her the day following; there was not the least inflammation, extension, or laceration; so far from the hand entering, there was scarce room to enter my little finger into her private parts.

What do you think as to what Susanna Hart swears of the appearances on the 24th? - I cannot believe what she says can be true; there did not appear to have been the least laceration whatever at any time.

- CORNISH sworn.

I went by the desire of Mr. Vaux to Mr. Arnold's, to go with the prosecutrix to Walworth ; I found her in bed; she said she could not get up, nor she could not go; I said, she might get up with assistance; the nurse assisted her to get up; she put her stockings on, and put her feet upon the stairs, and slipped down the stairs from stair to stair with very little of my assistance.

What did Mr. Vaux give her medicines for? - Only for the fits; she was subject to fits of the hysteric kind; I gave her only internal medicines; I went with her to Walworth and attended her once or twice a day there; I prescribed only for the fits.

Did she converse with you? - Yes; only on the subject of her fits.

Did she make any complaint of any other disorder? - She only complained of her head and stomach.

Did the treat you with familiarity as a person she had no objection or aversion to? - Yes.

When she went back to her master's did she go with her own consent or not? - I don't know.

Whether she went from her master's to Walworth with her own consent? - Very willingly; she went for the benefit of the air; Mr. Vaux thought her very low from the fits.

Did she complain to you of any thing besides her head and stomach? - No.

Did she complain of any soreness or any inflammation in any part of her body? - She never did.

ELIZABETH WARTON sworn.

I am a lodger in the house the prosecutrix first came to.

Do you remember the time when she came there on the Saturday? - I don't remember the time; I did not see her come in.

Do you remember her going out at any time? - There was a fire and she went out; I lit her a candle at my room door.

What time was the fire? - Between three and four o'clock she got up and lit her candle; she went out at the time of the fire; where she went, I don't know; I have a shop below, and lie in the one pair of stairs.

Cross Examination.

Did you hear any conversation between the prisoner, his wife, Russ, and Bolton? - She sent for Mrs. Arnold; I went for her; through my persuasion she came; she had not heard what was the matter; when we came in, the prosecutrix was in sits on the bed; when she came to herself, she said, her master had ill-used her; she went into sits again, and fell backwards on the bed, and her mistress examined her; she lay extended on her back, I saw no appearance of any thing, there was no mark on her shift.

Did you see no appearance of blood? - None at all.

Had she any cloth on? - None at all.

Are you sure of that? - Perfectly sure.

Was she in a convulsive fit or what? - I don't know what fit.

Did she lay still while Mrs. Arnold searched? - She did not struggle; I believe she did not know Mrs. Arnold searched her; she told her afterwards, she said nothing to it.

You are sure Mrs. Arnold told her she had searched her? - Yes, I am perfectly sure of that, I heard her.

THOMAS FELLOWS sworn.

I live in Crutched Friars, I am a Cooper; I have known Mr. Arnold twenty-three years; I was at his house on Saturday morning the 14th of September, about eleven o'clock, in the left hand parlour.

How far from the kitchen? - But a very little way.

Do you remember seeing Russ there? - Yes; Mr. Arnold asked me to come in and have a little wine and water with him; upon that he wanted some sugar; he said his wife was out and had taken the keys with her, but he would send for some; he put his hand in his pocket and gave her a shilling at the room door, and bid her go for some sugar and make haste; she did, and returned in five or six minutes.

Did she argue with her master and say she could not go nor would not go? - She did not; she seemed to be in perfect health, she went very cheerfully, and returned so; I never heard any bad character of the prisoner; he was always an industrious man, and a man that bore a very good character.

Cross Examination.

She did not go out of the house with any reluctance? - Not a bit.

- DOBBINS sworn.

I live in Rood-lane, Fenchurch-street, I am a taylor: I have known Mr. Arnold sixteen or eighteen years; I never heard any thing bad of his character in my life.

- DIXON sworn.

I lodge at Mr. Arnold's house; I have lodged there about seven years; he always bore a good character.

Do you remember the time you came home on the Friday night before this happened? - It might be one o'clock.

GODFREY SPRINGALL sworn.

I have known the prisoner eleven years; he always bore a good character.

EDWARD HALFHYDE sworn.

I have been intimately acquainted with him nine years; I never heard to the contrary but he has a very good character.

The Lord Mayor was too ill to sit upon the bench during the Trial, but his Lordship came into Court previous to the evidence being summoned up to the Jury by Mr. Baron EYRE.

The Rt. Hon. the LORD MAYOR sworn.

I understand from Mr. Baron Eyre's summing up of the evidence, that the prosecutrix has deposed here,

'that she was in a fit; that

'upon recovering from that fit, she found he

'had emitted in her;' before me she declared,

'that it was the weight of his body that kept

'her from struggling, and that she was in her

'senses the whole time:' I understand, from the learned Judge's summing up, that she has said,' she went afterwards to pack up her

'things;' before me she said,

'she had packed

'them up before, because her mistress had

'given her warning; that she shifted her linen

'and put on a cloth, but pulled it off before

'she went to Bolton's house;' she stated to me that Mr. Vaux had said,

'she had been

'used extremely ill;' Mr. Vaux said before me in her presence,

'that he never had said

'any such thing; all he said to her was, don't ' be alarmed, you shall be taken care of; to

'that she made no answer.'

NOT GUILTY .

Tried by the London Jury before Mr. Baron EYRE.

748. MARY the wife of William LAMBERT was indicted for taking away with intent to steal, embezzle, and purloin a pair of linen sheets, value 10 s. the property of James Branwood , being in a lodging room let by contract by the said James to the said William and Mary , against the statute, &c. September 3d .

JAMES BRANWOOD sworn.

The prisoner came to my house under pretence of taking a lodging; she got the key and went up stairs immediately after; she soon came down with the key, went out of the house, and never returned again; when I looked the sheets were gone; they were found pawned at Lawrence Pierson 's about that time.

LAWRENCE PIERSON sworn.

I received a pair of sheets of the prisoner in pawn.

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

PRISONER's DEFENCE.

I was in great distress or I should not have done it.

GUILTY .

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

[Branding. See summary.]

[Imprisonment. See summary.]

749. PATRICK MOONEY was indicted for stealing a cloth coat, value 10 s. a cloth waistcoat, value 5 s. a pair of cloth breeches, value 2 s. a feather-bed, value 10 s. and a cotton bed quilt, value 2 s. the property of William Simmonds , Sept. 18th .

WILLIAM SIMMONDS sworn.

I am mate of the William and Elizabeth, a merchant vessel , that lay off New Crane Dock in the month of September, and part of this month: on the 6th of October last I lost my bed and bedding out of the cabin; I lost before that, a suit of Pompadour cloaths.

DAVID YOUNG sworn.

I am master of the William and Elizabeth; I heard the prisoner make a confession before the justice, which was taken in writing.

COURT. Then you must not give a verbal account of it.

THOMAS RAMSAY sworn.

I am a pawnbroker; I live near the Hermitage: upon the 21st of September, the prisoner pawned this coat, waistcoat, and breeches, in the name of William Simmonds (producing them).

Prosecutor. They are my cloaths, my name is worked upon them.

THOMAS BAKER sworn.

I am a bailiff's follower; I live with one Robinson a bailiff in Gravel-lane: I took the prisoner with this bed and bedding, having just pitched it off his shoulder, after he came on shore with it; I asked him what he had got? he said, his bed and bedding; I asked him where he was going with them? he said, he did not know where to carry them, but that he had taken them out of the ship, they being his own; after some time he owned it was the mate's bed and bedding; there was no promise made him in order to induce him to make this confession; I took him before Justice Sherwood, who committed him.

WILLIAM ORD sworn.

I belong to a ship that laid along side of the William and Elizabeth: I heard a noise on Sunday was se'nnight on board the William and Elizabeth; I went on board and called to know what the matter was, it being quite dark, though I don't recollect the hour; the prisoner jumped up, and said, he belonged to that vessel; I asked him what he could be doing there at that time of night; he struck at me, and endeavoured to knock me down, but I escaped that; he had some bedding lay at the door of the cabin, and said it was his own, and he should take it on shore; I was not able to stop him; I followed him, and watched him; he struck at me for so doing several times; he went on shore with it; I followed him at a proper distance; when I saw him pitch the load off his shoulder, and Baker came up, I told him the story, and he was secured.

Prosecutor. The bed and bedding is my property.

PRISONER's DEFENCE.

I leave myself to the mercy of the Court.

GUILTY .

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

[Imprisonment. See summary.]

750. JOHN DOWDAL was indicted for stealing two pieces of silk and yarn fell-bell, containing ten yards, value 4 l. 10 s. the property of John Conner Croushan , October 1st .

JOHN CONNER CROUSHAN sworn.

I live in Spitalfields; I sent ten yards and a half of fell-bell to Mr. Blackshaw in Tavistock-street by my boy, and it was taken from him; I know nothing of it myself.

JOHN GEORGE FREETOFFE .

What age are you? - Just turned of twelve.

Do you know the nature of an oath? - No.

Do you know what will become of people that swear falsly? - They will go to hell.

[He is sworn.]

Did you receive any fell-bell from your master to carry to Mr. Blackshaw in Tavistock-street? - Yes; a man met me in Fleet-street , and asked me where I was going? I told him; he said, he was just come from Mr. Blackshaw's, and was going to my master's, and I must give him the piece; I gave him the piece; I don't think the prisoner is the man.

THOMAS FENTON sworn.

One Clews offered to sell this velvet in a public house, the Golden-fleece in Fleece-court, to one Mr. Binley; I took Binley aside, and told him it was stole, and secured it and Clews; there was one Rooke with him, who is not taken; I never saw the prisoner.

FRANCIS ROOKE sworn.

I live in Skinner-street: the prisoner brought this fell-bell to me, and asked me what it was worth; I told him I had made some of the same sort, but never sold a yard of it in my life.

WILLIAM BINLEY sworn.

Last Saturday was week, I met the prisoner in Spitalfields-market ; he asked me if I would buy a bargain, and offered me this velvet at 4 s. a yard; he said, he received it for a bad debt, and he wanted money.

RICHARD CLEWS sworn.

Last Saturday was week I met the prisoner and another man at the King's head, the corner of King street, Spitalfields; he asked me if I could sell a piece of shag for him; I took it to the Golden-fleece, and offered it to Mr. Berry; another gentleman who was present said, he would buy it; we went over to Mr. Berry's house; they left me in the compting-house, and came out and told me it was stole; I told them I had left a person at the public house I had it of; and we went and took the prisoner.

[The velvet was produced in Court, and sworn to by the prosecutor.]

PRISONER's DEFENCE.

I did not give it to Clews.

'The prisoner called four witnesses, who

'gave him a good character.'

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

Tried by the London Jury before Mr. RECORDER.

751, 752. WILLIAM DOVER otherwise THOMPSON , and JAMES OGILVIE , were indicted for that they in the king's highway, in and upon Mary the wife of Joseph Dickinson feloniously did make an assault, putting her in corporal fear and danger of her life, and stealing from her person a black silk purse with two silver rings, value 2 s. and one guinea and ten shillings in monies numbered, the property of the said Joseph , September 27th .

Mrs. MARY DICKINSON sworn.

I am the wife of Mr. Joseph Dickinson : on Friday the 27th of September, as I was taking the air in my own carriage near Finchley, at about ten minutes after three in the afternoon we were attacked on Finchley Common (there were four ladies in the coach with me) by two persons on horseback; one came on the side of the coach, the other on the other; they bid the coachman stop, which he did; the man on the left hand side opened the door with the glass up, and said, Ladies, your money and your purses; the other asked for our rings and watches; we all gave them our purses; my purse contained a guinea, ten shillings in silver, and two silver rings, it was a black silk purse; both the men that robbed us had crapes over their faces, so I could not distinguish their features; they took nothing else from me; we told them we had no watches, they received the answer very civilly, and rode off, leaving the door open; I was in so much hurry of spirits at the time, that I could not distinguish their faces at the time, nor can I recollect the size of either of them.

CONYERS TOBIAS METCALF sworn.

I am footman to Mr. Dickinson: I was standing behind the coach at the time the robbery was committed; a man came on the left hand with a crape over his face; he called three times, Stop, coachman; there was another on the road with a crape over his face; the man on the left hand opened the door, glass and all; the man on the right stooped down in order to look into the coach, but did not open the door; the man on the left hand asked for watches and jewels, the other for their money; I observed them all the time; I looked on the left hand side, and observed the man's face as plain as possible for any man to see another's face through a crape; but I will not positively swear to the features of that man that stood on the left hand, he appeared to me to be pale, long-visaged, and pock-frettened; I could not distinguish the colour of his eye-brows, but believe him to be the prisoner Ogilvie, from the circumstances I have mentioned, that he answered the description of the idea I had formed to myself; I will not be positive that Ogilvie is the very man, but I believe he is; I took much more notice of the man who was on horseback on the right hand, and who stooped down by the window; I am positive that is Dover; I am more positive to him than I could be to the other, because as he stooped down, the crape hung loose, and there was a wind at the same time which blew it away from his face, so that I had a full opportunity of contemplating the features of his face for upwards of two minutes; I was ordered by the man on the left hand to look back; I put my hand upon the back of the coach, and instead of looking back, I turned my back to the man on the left hand, and looked stedfastly at the man on the right; I am positive that was Dover; after they had robbed the ladies they rode off, presently afterwards Mr. Elliott came by on horseback; I made signs to him that those two men that were riding off were the men that had robbed the coach. Dover had on a brown close coat with a red collar, had his hair clubbed behind, and had a yellow metal buckle in his stock; Oglivie had a brownish coat, I took it to be a frock, it was made in a frock fashion, and something of a brownish collar.

JOSEPH GRANT sworn.

I am the coachman that drove the ladies; the two highwaymen bid me stop; they ordered me to look forward, which I did; I cannot swear to their persons.

JAMES TARLING sworn.

I am a farmer, and keep a public house called Brown's-wells; on Finchley Common ; I saw two men ride by at a quarter past three o'clock, and a man came by and said a robbery had been committed upon a coach that was then in sight: Mr. Elliot came up, and told me the circumstances of the robbery; we agreed to pursue them; I mounted my mare and followed Mr. Elliot who set out first; I was best mounted, and soon overtook him; he shewed me the men; I passed Elliott, and rode after them, and drove them both through Highgate; they turned down Cane-wood-lane ; then I cried, stop, highwaymen; they had before that slacked their pace; they set off again, I drove them up towards the Spaniards ; Dover alighted at the sand-pit near the Spaniards: they were both mounted on dark horses; I took them for black, being hot.

To METCALF. What colour were the men's horses? - Both were of a dark colour.

GRANT. Both were dark Brown.

TARLING. The other man whom we did not take, kept up towards the Spaniards ; I kept my eye upon Dover, and pursued him; I had got within thirty yards of him, he then turned a corner short, there I lost fight of him; I looked over the hedge and could not see him; therefore I took it for granted that he had hid himself in the ditch; not knowing how he might be armed, I did nothing till further assistance came up; I hollooed out in order to intimidate the man, Come along, for yonder he goes: Mr. Elliot came up, then we went back to the ditch; I called out, Come out like a man, or I will use you worse than a dog; upon which he peeped out; Mr. Elliot came up, and we secured him, but found no pistols upon him; we took him to Hampstead, and hired a coach to carry him to Sir John Fielding 's; I saw him in the coach take the crape from under his hat; I thought he had put it into his pocket; when he came to Sir John Fielding 's, he was searched, but it was not in his pocket; I afterwards examined the coach, which was then upon the stand, but it was not above half an hour after I had left it, and the coachman said, he had not had a fare since the time the prisoner was in it; I found the crape under the cushion: it was dark that night before I got home; the next morning I searched the ditch that I saw him alight at, and there I found this pocket pistol (producing it) under the grass hill; it was primed and loaded.

JAMES ELLIOT sworn.

I was walking my horse on the road on Finchley Common: I met two men riding very quick; I was going to Mr. Tarling's.

Do you know either of the men that were riding swift? - Yes, one of them.

Had they any disguise at that time? - None; the prisoner Dover is the man.

I called at Mr. Tarling's, a man rode up and said, you met two men riding very fast? I said, I did; he said, those two men had just robbed a gentleman's coach that was coming along; I saw a footman pointing over the coach; Tarling said, if you have a mind to go back, I will go in pursuit of them; Mr. Tarling followed me, we came as far as Highgate, they turned round towards Lord Mansfield's house; when we came near the Spaniards, at the sand-pit, we got up to Dover, he jumped off his horse and got over into the field; Mr. Tarling had got into the field; when I came up, he beckoned to me; I went into the field, I broke a piece of old hurdle off, Mr. Tarling had his whip, he was on one side of him, I on the other; we told him to come out like a man, and we would not hurt him; so he did come out; we secured him, and took him in a coach to Sir John Fielding 's.

What colour was his horse? - A kind of darkish brown mare.

What kind of horse had the other? - They gallopped so quick by me, I did not take notice.

From DOVER. Whether I did not take both the purses out of my pocket when in the coach, between Highgate and London, and let him see I had nothing in them? - I believe he did take the purses out to shew there was nothing in them; one was green, as to the other two, for I am pretty sure there were three, I don't remember their colour.

GEORGE EASTER sworn.

I am the ostler at the Red-lion in Gray's-inn-lane: I saddled a horse out for Ogilvie; it was a dark brown, with a star in his forehead, on the Friday before Michaelmas-day, about eleven in the morning; he did not bring him back that night, the horse was put up at Mr. White's, the White-lion at Paddington; my master advertised it, and he was brought home in a day or two after.

You are sure it was Ogilvie that it was lent to? - That is the person (Ogilvie).

Was Ogilvie by himself at that time? - He came down the yard by himself.

Did any body stand at the gate-way? - Yes; a young gentleman who was on horseback.

Do you know that young gentleman? - I believe the other prisoner is the gentleman that went out along with him.

Are you positive? - I will not be positive.

But what do you think? - I think that is the gentleman.

Did you ever see him before? - No.

Had you known any thing of Ogilvie before? - No.

Where was this horse to go to? - I don't know.

What was to be paid for it? - I don't know ; my master let the horse out, they did not tell me where it was to go to.

How long have you lived with your master? - A twelvemonth.

How many horses does your master keep? - Six or seven hack horses.

Was it not something surprizing to you if he was not used to let horses out? - No.

JAMES WILD sworn.

I live at the White-lion at Paddington ; Ogilvie is almost like the gentleman that brought the horse to our house, it was upon a Friday, at near four o'clock.

The Friday before Michaelmas? - Yes.

Did the horse appear to have been rode hard? - Yes; he was all of a sweat.

What account did he give of himself? - He told me to take great care of the horse; he did not tell me where he came from; he walked away to town.

Did you never see any more of him? - No; he never called any more at our house.

How came you to find out that it belonged to the man in Gray's inn-lane? - It was advertised, and he had his horse again.

To ELLIOT. Where was the horse put up? - At the Wrestlers at Highgate; the proprietor of the horse has got him now.

How came that? - He gave us the value of the horse; at least as much as satisfied us.

COURT. The persons who take highwaymen are entitled to the horse he rides; it is proper stable-keepers should know that.

JOSEPH CATLEY sworn.

I live at the Greyhound in Tash-street, Gray's-inn-lane: my master lets horses; I let a horse to Dover on Friday the 27th of September.

Do you know Dover? - Yes.

Did he frequently hire horses of you? - I knew him only hire horses the week before.

What horse was it? - A brown horse.

To WILD. Was it a mare or a horse you lent? - A horse.

To CATLEY. Was yours a horse you lent to Dover? - My fellow servant put him upon it; I recommended him to my master, he being an acquaintance of mine; I don't know whether it was a horse or a mare; he set him up.

Did you ever recommend him to your master before? - Yes; one time on a Monday.

Where was this horse to go to? - He hired him to go to Hampstead; I was not present when he mounted, so I don't know what horse he had, I was at a different yard; my master has two yards.

Was no one with him? - The first time there was not; I did not see him go the second time; they hired one of Mr. Hancock a neighbour, besides.

RICHARD HANCOCK sworn.

I keep stables and let horses; I let a dark brown mare on the 27th of September to Dover; I believe Ogilvie was with him, but I will not be positive; they came about eleven o'clock; I went down to Highgate and redeemed the horse.

Had you ever let any horse to either of them before? - Yes, on the Monday and Tuesday before, this happened on the Friday, I let a horse to Dover.

Where was this horse hired to go to on the Friday? - Plaistow in Essex; the same on Monday and Tuesday before.

Where do you live? - In Gray's-inn-lane.

DOVER's DEFENCE.

I am entirely innocent of the affair.

OGILVIE. I should like to put a few questions to the footman.

What kind of hair had the highwayman?

METCALF. I did not notice his hair, nor never mentioned his hair.

From OGILVIE. Had he boots or spurs? - That I never noticed, nor never mentioned.

OGILVIE's DEFENCE.

I am entirely innocent; it surprizes me to hear that man differ so much in his evidence, to what he did at Sir John Fielding 's; he said, it was impossible before Sir John Fielding to know my face, there being a double crape upon it; he said before Sir John Fielding , that the man he took to be me, had neither boots nor spurs on.

METCALF. There was never any thing mentioned about boots and spurs before Sir John Fielding ; as to Ogilvie's hair, I believe it was pinned up at that time.

FOR THE PRISONER.

JOHN WHITEWOOD sworn.

I am a carpenter; I have known Dover for these twelve months; he is an honest man as far as I know of him, he has paid me my wages; he was clerk at that time to the master I worked for.

LAWRENCE JONES sworn.

I am a carpenter; I worked for the same master; I have known Dover these twelve months; he was clerk to my master, he always paid my wages justly.

MARY JONES sworn.

I am wife of the last witness: I know nothing more of him than my husband has told me.

ELIZABETH WEDGEWOOD sworn.

My husband is a carpenter, and worked in the same yard; Dover paid my husband his wages very honestly, and used to come to our house.

JOHN OLIVER sworn.

When Dover was with me, I practised surgery in Oxford-street.

Don't you practise surgery now? - No, chemistry; he was with me some time about two years ago.

In what capacity? - Shopman.

You was an apothecary as well as surgeon, was you? - I was.

How long did he continue in the capacity of shopman with you? - I cannot say, perhaps six weeks.

What is his character? - I had a very good character of him from a man in Bloomsbury-square, and I know nothing to the contrary.

Did you give him a good character when he parted from you? - He did not send for any character.

Should you have given him a good character if he had? - I should.

From the Jury to WILD. What cloaths had the man on that left the horse at Paddington? - The same cloaths he has on now.

Are you sure he is the man? - I am.

DOVER GUILTY . Death .

OGILVIE NOT GUILTY .

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

753, 754. ROBERT SMITH and JOHN SMITTON were indicted for that they in a certain field and open place near the king's highway, in and upon John Waterfield feloniously did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a man's hat, value 10 s. the property of the said John , September 22d .

JOHN WATERFIELD sworn.

I am a servant out of place: I was with my wife at Kensington on the 22d of September; I returned from thence to London between seven and eight o'clock in the evening; we were at the river-head in Hyde-park at near eight o'clock; going towards Grosvenor-gate, we were met by the two prisoners; Smith caught me by the waistcoat at the neck, and bid me give him my money; I said I had nothing but a few half-pence in my waistcoat pocket; Smith felt my things; I had stocking breeches on; he found I had no money in my breeches pocket; he said, have you got a watch? I said I had; my wife interposed, and came up between us; I shifted my watch into my breeches and saved it; Smith called to the other prisoners to bring up a pistol; he came up and held the pistol at about a quarter of a yard distance from me; my wife cried out murder; upon which Smith gave me a knock or two with his fist over my head, and snatched off my hat, and ran away; my wig fell upon the ground, but my hat was carried off: there was a third man that stood by a young woman that was walking with us with a pistol; that man threatened to shoot her if she made any noise; but I did not observe, nor did I understand that the young woman was robbed, nor was my wife robbed; they went off, as I suppose, towards Kensington: on the Wednesday following I saw the prisoner Smith at justice Durden's; I knew him to be the same man; the other prisoner was taken up three or four days after; I saw him upon an examining day at Sir John Fielding 's; I knew him to be the other man; it was a moonlight night, I took notice of the two persons; Smith was dressed as he is now, the other had a black coat on; I took notice of Smith, by a particular circumstance, his neck is rather away; I observed that at the time; I know Smith too by his voice: I described the persons who had robbed me at Sir John Fielding 's and justice Durden's; I described Smith to be a tall thin young fellow in a brown coat, a light coloured waistcoat, and black breeches, with his head awry; the other I described to be a thin face man with a black coat.

JANE WATERFIELD sworn.

I am the wife of the last witness: a young woman, who did not belong to us, was walking behind us; Smith came up to my husband and demanded his money, my husband said he had none; Smith felt his breeches pocket, they struggled and got hold of the chain of his watch and said, D - n you, Sir, you have a watch; I came up between them and said, my friend, my husband has got no money at all, but I have money; I believe he did not hear that, for he struck my husband two or three times, but my husband got the watch away from him; Smith then snatched his hat off, his wig fell upon the grass; they all ran away, I ran after them and cried out, murder, thieves, three or four times, upon which they all lay down upon the grass; two of them had pistols, the other had not; one held a pistol near my face; Smith, when he had hold of my husband, called up the other man to bring a pistol; as to the third man he stood at a distance doing nothing, the young woman stood likewise at a good distance, and the third man was not, as I saw, near the young woman; they said nothing at all to the young woman as I heard; they never asked for my money nor the young woman's; I took particular notice of Smith, I remarked his wry neck and noticed his face; I can swear to him, but cannot swear particularly to Smitton.

HENRY JONES sworn.

I took up Smith in consequence of an information given at Sir John Fielding 's of the persons who had committed this robbery; Hyde knew him by his wry neck.

JAMES HYDE sworn.

We found fire-arms and a bludgeon in the place where Smith lodged, that is, it was in the house where he lodges in a lost which did not immediately communicated with the room where he was, but the passage to it opens by the door of that room, and there were other lodgers in the house.

'Both the prisoners in their defence denied

'the charge, and said they were in another

'place at the time the robbery was committed.'

'Smitton called one witness who had known

'him from his youth, and who said he had

'never heard any harm of him till lately, but

'knew he had been tried there very lately.'

SMITH GUILTY . Death .

SMITTON NOT GUILTY .

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

*** See the trial of Smith for a highway robbery in Hyde-park last sessions.

They were a second time indicted for that they in the king's highway, in and upon Robert Gapper feloniously did make an assault, putting him in corporal fear and danger of his life, and talking from his person a steel seal, value 10 s. and 3 s. 6 d. in money numbered, the property of the said Robert , September the 25th .

Mr. ROBERT GAPPER sworn.

I am an attorney : upon the 25th of September last, as I was coming from Hampstead in a one-horse chaise with Mr. Davis my clerk, we were attacked about seven o'clock by two men on foot ; they separated, one went on one side of the chaise, and the other on the other; they laid hold of the bridle of my horse; he on the left hand side that my clerk sat on, I did not take so much notice of as of the other, that I believe to be Smitton; it was a remarkable fine evening and very light, it was a quarter before seven; the man upon the left hand had a pistol, he quitted the reins and held the pistol to my clerk's head, the other came upon my side and drew a large bludgeon from under his coat and said, D - n you, give me your money, or I will blow your brains out; I am sure that was the prisoner Smith, and I believe the other to be the man by his size, and the other circumstances of his appearance, but I will not venture positively to swear it as I had not an opportunity to observe him so closely as I did Smith; I took out some money and gave them about 3 s. 6 d. or 4 s. and in pulling out my money I also pulled out a steel seal with my coat of arms upon it, which I did not miss till next morning; I thought the fellows might quit me to pick it up, which they did when I threw the money down, and I drove off, my horse ran away with me and did not stop till he came to the turnpike; I saw the prisoners two days after at Sir John Fielding 's; I knew Smith directly, I picked him out of my own accord among a number of other people; I then declared my belief that he was the man, I am of that opinion still, but will not swear positively.

ALBINUS DAVIS sworn.

I am clerk to Mr. Gapper; I remember Smitton very well, he came upon my side of the chaise and held a pistol to my head and ordered me to deliver my money immediately, or he would blow my brains out; I said I had no money myself, but if he would ask my master he would give them what he had; he had no sort of disguise on, I had an opportunity of observing his features perfectly well, and am quite positive he was the man; it was thoroughly light, I knew him immediately at Sir John Fielding 's; I was then as positive that he was the man as I am now.

HENRY JONES sworn.

I apprehended Smith at about twelve at night of that evening, from the information I had received from Mr. Waterfield and Mr. Gapper at ten in the evening; the watch was set before I went into the house where I took them up; I took Smith at about twelve o'clock, I don't know directly when Smitton was taken; they were examined the next Wednesday before Sir John Fielding ; he was cleared of what he was then charged with, I then charged him upon suspicion of this robbery.

'Both the prisoners in their defence said,

'they were at other places at the time, but did

'not call any witnesses.'

BOTH GUILTY . Death .

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

755. JOHN RICHARDSON was indicted for that he in a certain field and open place near the king's highway, in and upon Robert Young feloniously did make an assault, puting him in corporal fear and danger of his life, and taking from his person a pair of silver shoe buckles, value 5 s. a metal watch, value 40 s. a cornelian seal set in gold, value 40 s. and a metal watch chain, value 5 s. the property of the said Robert , April 24th .

Mr. ROBERT YOUNG sworn.

I am a commander of one of the East India Company's ships and a lieutenant in his majesty's royal navy ; I was attacked upon the 24th of April last, at near eight o'clock in the evening, going across Hyde-park towards Grosvenor-gate ; the sun was set, but it was light enough to distinguish any person; two fellows came from under the trees at the back of the magazine; I was seeing a lady home across the Park; I live at Kensington Gravel-pits; the prisoner came up to me with a bludgeon, the other singled off to the lady, who was at four or five yards distance and was much frightened; this fellow made use of most vile expressions, he b - d and d - d me, and said he would murder me if I did not stop; I said, don't you see I do stop; he still kept his bludgeon exalted over my head, and said, D - n your eyes, your money; I said, money I had not, he said, D - n you, money I must have; he catched out my watch; he kept swearing and blasting in a most rascally manner; I said, cannot you rob us quietly without making use of such expressions? then he said, let's look at your buckles, he looked at them and said, these will do; he kept bidding his companion shoot the lady, because she screamed; he kept swearing, he had been a soldier, and d - n his eyes, if he feared any man on earth; he swore to the other, d - n you, you have not robbed the lady; the other said, yes, he had taken what she had got; I desired him not to use the lady ill; he took a pocket book from me, I told him it contained nothing but memorandums, and desired him to give it me again; he threw it at me as he went away; they walked on the path towards Kensington-gardens, and we went to Grosvenor-gate.

You were so long with him that you can be quite positive to the features of the man? - Yes; I took particular notice of him.

How long might he be robbing you? - I suppose some minutes.

And you are quite positive this is the man that robbed you? - I am.

From whence does your certainty arise, from his features, or what? - From his hair, and all together, I described him exactly at Sir John Fielding 's, for I went thither immediately; I saw him at Sir John Fielding 's last Thursday.

Was he not taken before? - I do not know; I was at Scarborough when he was taken; Sir John Fielding had sent to me, and desired I would six a time to attend, I fixed Thursday twelve o'clock; Mr. Wright was sitting, I desired him to order the man in and converse with him, that I might see if he was the same man; I attended to his speech, his person, and every thing.

Though it is so many months ago, you are positive to his person? - Yes; and should be if it was as many years.

Prisoner. I was advertised as having curled hair and a swarthy complexion.

Mr. YOUNG. I described him in strait loose hair.

Were the cloaths I have on the cloaths worn at the time of the robbery? - No; they were light brown cloaths, dirtied and soiled; the other was in green; they had both a very mean bad look.

Prisoner. Was it a great coat that I wore at that time? - I saw no large cape to it, or any thing of that kind.

Prisoner. All that time of the year I wore a great coat with a red velvet collar.

JOHN GREEN sworn.

I am a wheelwright: upon the 24th of April, a Wednesday night, I was at the Thirteen Cantons, an eating-house, eating alamode beef for supper; at between nine and ten o'clock the prisoner and one Mayo, who is convicted, came in together to supper; there are a great many different companies sit down in a box there; they sat down and called for a plate of beef a piece, I had just done; I had known this Richardson, seeing him at his father's in Swallow-street two or three years ago; he asked me, if my name was not Green? I said, yes; he called me out and left his meat, and said, do you know where there is any sence? I asked him what he wanted one for? He said he had got two ticks, meaning watches; he offered them to me, he gave me one in my hand; they were both metal watches, as I thought, with gilt chains; one a plain metal watch, the other had a green case, the number of that in the green case was 6174, or 5, and the maker's name Hunt; I remembered it before on account of Mayo that was convicted; he offered them to me for a guinea and half; I went to Sir John Fielding 's and told Mr. Jealous of it, he and two or three more went back with me; we did not meet with him that night, and I never saw Richardson from that time till the other day when he was taken.

Mr. YOUNG. The watch he has described is mine, 6175 is the number that was put in Sir John Fielding 's book, which entry was inserted there from my watchmaker's bill.

To GREEN. When was this you saw the watch? - In May.

Do you remember the number of a watch for so long a time? - Yes.

Have not you refreshed your memory from Sir John Fielding 's book? - No? I have not.

PRISONER's DEFENCE.

I know nothing about the matter; it is very odd I should go to shew him a watch, being Sir John Fielding 's man.

To GREEN. Do you belong to Sir John Fielding's office? - No, my lord, I am a wheelwright and blacksmith by trade.

Prisoner. I am quite innocent of the affair; I wore quite a different dress at that time.

GUILTY . Death .

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

756. JOHN HARDING was indicted for burglariously breaking and entering the dwelling house of Peter Bean on the 25th of August , about the hour of two in the night, and stealing one quart silver tankard, value 4 l. a pint silver cup, value 40 s. a silver waiter, value 40 s. a silver cream jug, value 10 s. a silver punch ladle, value 2 s. six silver table spoons, value 40 s. a silver tea spoon, value 1 s. a watch with an inside metal case and an outside shagreen case, value 20 s. a steel watch chain, value 1 s. a brass watch key, value 1 d. a canvas bag, value 1 s. and ten guineas, and 5 l. in monies numbered, the property of the said Peter, in his dwelling house .

ANN DICKER sworn.

I am niece to and live with Mr. Bean, who is a gardener in that part of Brentford which is in the parish of Ealing ; Mr. Bean's house was broke open on the 25th of August, between one and two o'clock in the morning; I was particular in seeing that all the doors and windows were fast over night, several houses having been broke open in the neighbourhood; I went to bed at eleven o'clock, the first noise I heard was between one and two o'clock, when they broke open the door at the top of the stairs; I immediately jumped out of bed and endeavoured to bolt my chamber-door.

Was any body with you? - Only my own child, which is about seven years old; I endeavoured to fasten my door; as I pushed the door I felt them pushing the door against my face; I saw a great light, I heard many feet, I turned to go into bed again and there was a man close behind me, when I got into bed he covered the cloaths over my head.

So that you could not see what passed? - I did not.

Did more than one man come into your room? - I don't know that there did at that time; there were more came in afterwards.

You did not distinguish that man that followed you? - I did not see either of them; the man spoke to me, I begged of him not to use me ill; he said he would not, and bid me lie still; that man asked me how many maid servants we had? I told him one; he asked me where she lay, which I likewise told him; in a little while after that I heard my uncle cry out, murder.

Was this man in the room all the while? - Yes; as far as I can guess by his talking to me; then more people entered the room, I saw none of them because I still kept under the cloaths; they brought the maid down and made her get into my bed; when I heard my uncle cry murder three times, I begged they would not use my uncle ill; the man promised that they would not, but money they wanted, and money they must have; he asked me where the money was kept? I told them my uncle was a very close man, and I did not know where he put his money; they all but one man left the room, and I did not hear any thing of them for some time; they came into my room a second time and searched my drawers; they took a canvas bag out of my bureau with half crowns and other pieces to the amount of 8 l. they are not mentioned in the indictment; then they went into the back room, and broke open and searched all my boxes: my lord, I forgot one thing; just after my maid came into the room, I saw that my watch was gone from my bed; the man that stood by my bed had taken it; I had desired them before not to take my watch, and he promised me he would not, but he did; after they had been searching some time I heard a great noise in my uncle's room; I again begged that they would not hurt him, for he was an old man; the man told me they were only a tying of him; a voice in the passage asked us if we lay still, the man had stept out of the room at that time; I said we did; they said, if we put our heads out at window they would blow our brains out; they endeavoured then to lock me into the room, they fastened the door between my room and my uncle's, but I pushed the bolt of my own door, which prevented its shutting; they turned the lock and left it so, then they left the house; a very few minutes after they went my uncle called for assistance; I went to him, his hands and legs were tied so tight I could only get in the points of the scissars to cut them; I found his head was very much cut and bruised, and he had lost a great deal of blood; I gave information at Sir John Fielding 's, with the description of the things that we had lost; in about a fortnight or three weeks after that, some men were taken up upon suspicion at a house within half a mile of ours, and I was informed that one of them had a marked shilling found upon him; there was a marked shilling among my uncle's silver that had not been long in his possession; I received it, it is marked with a name in length on one side, and three letters on the other; the name is Swift, I do not particularly remember the other three letters; one I know is K; it was so remarkable a shilling, that I could not help taking notice of it at the time I took it; I take all the money for my uncle that he receives in business.

Had you described that shilling at Sir John Fielding 's? - I swore to it, not on that day, but the next.

How came you to be positive to it the second day and not the first? - As I returned from Sir John Fielding 's every circumstance concerning it recurred to my memory; I was not certain the first day that the name was Swift, I then recollected that it was an S the name began with, and the manner in which it was marked.

Cross Examination.

When you heard that there was a man taken with a marked shilling, did you go immediately? - No.

When did you go? - I believe the man had been in custody about a fortnight, but I did not hear of the shilling till just before I went.

The circumstance of the marked shilling had not occurred to you? - I had said, that there was a marked shilling among my uncle's money; that the name began with an S, and that there were three letters on the other side marked differently.

You did not recollect it at Sir John Fielding 's? - I thought it the same.

Was not you pressed much at Sir John Fielding 's to speak as to the shilling? - No; I was asked precipitately; I gave rather an erroneous answer.

What answer did you give? - That it was not the shilling, but I recollected every circumstance afterwards.

COURT. You said you mentioned the circumstance of a shilling being marked with an S, and letters being on the other side? - Yes.

Who did you mention that to? - Mr. Clark, before I went to Sir John Fielding 's.

How long after the burglary? - About a month or six weeks.

ELIZABETH CLARK sworn.

I live in Norris-street, Clare-market; I had some conversation with Mrs. Dicker about some money that was taken from her uncle's house.

Was it before Mrs. Dicker had been at Sir John Fielding 's, or afterwards? - I think before I mentioned that a shilling was found upon a man that was remarkable; Mrs. Dicker described to me, that there was a shilling of her uncle's lost with a name on one side and three letters on the other; the name began she said with an S.

Did she say whether she had seen this shilling at that time? - She said she had not.

Did she say whether Sir John's people had mentioned the marks on the shilling to her? - No.

Was you present when Sir John's people were with Mrs. Dicker? - Not always, I was sometimes.

Did they then mention any thing of a marked shilling? - I do not recollect that they did.

Cross Examination.

Did you go to Sir John Fielding 's? - I did.

Was you there when the shilling was produced? - I was; I could have been almost certain to the shilling by the description Mrs. Dicker gave of it.

What was her opinion of the shilling when it was shewn her? - When I was with Mrs. Dicker, she said she was positive that was the shilling; that was the second time of her being there.

What was her answer the first time, did she tell you? - She said she was asked precipitately concerning the shilling; that then she had not recollected about it, and was fearful of taking a wrong oath, and therefore would not say it was the shilling.

But what was her positive answer? - I don't recollect.

COURT. Did she say that it was not the shilling? - She did not say these very words, but something tending to that.

ELEANOR CRAINE sworn.

I am servant to Mr. Bean and Mrs. Dicker; I was brought down into Mrs. Dicker's room on the 25th of August, between one and two o'clock; two men came into the room where I lay; one desired me to get up and go to my mistress; I pretended to be asleep, and made no answer; he held the candle to my face; he desired me a second time to get up; I sat upright in my bed; he bid me put my cloaths on; I put one my petticoat; he looked over the bed and looked stedfast at my face, but did not speak; he held a sword in his left hand and a horse pistol in his right hand; he bid me get up twice.

Had you an opportunity to observe the man? - Yes.

Should you know him again? - I believe I should.

Have you ever seen him since? - I have not seen him since; I got up and was going out of the room; there was a man with his face covered; he asked me if any body else was in bed besides me; that is the same man that held the candle to me; I told him there was nobody in bed besides me; the man that had his face covered desired me to walk down stairs, and the other man that stooped down by my bed said, that if I did not go down it would be worse for me; I went into Mrs. Dicker's room; then one of the men desired me to go to bed to my mistress; as soon as I was in bed they covered me over with the cloaths.

Then you saw nothing further, did you? - No; I heard my master call out; I heard them come and search the drawers, but I saw nothing; after they were gone I went to fetch a candle, and Mrs. Dicker in the mean time got my master untied; it was almost three when they left the house.

Whereabouts in Brentford is your master's house? - The first house on the right hand from Kew-bridge.

Have you seen none of the prisoners that came into the house since? - No.

Did you ever hear any thing of any money? - I heard of the shilling; I stood in the room behind Mrs. Dicker when she took it; I heard Mrs. Dicker say, here is a very remarkable shilling, and Mr. Bean said, don't shew it me for I cannot see.

How long was this before the house was robbed? - A very little while, I cannot say how long.

Did any of you recollect it? - Yes; my mistress when she heard there was a remarkable shilling found said, that she should know it; if it was Mr. Bean's shilling, she said there was a name on one side and three letters on the other; I do not remember that she said what the name was at that time.

This was before she went to Sir John Fielding 's? - Yes.

When you heard there was a marked shilling found on the man, did you hear what the marks were? - I do not remember that we did hear the marks, but only that there was a remarkable shilling.

How long was this after the house was robbed? - I cannot be certain.

Cross Examination.

How long was it after the fact, before you heard of the marked shilling? - I cannot tell.

How many weeks? - I cannot tell.

Did you go with your mistress the first time to Sir John Fielding 's? - Yes.

Was the shilling shewn her then? - Yes.

What did she say to it? - That she did not believe it was the shilling.

JOHN CLARKE sworn.

An information was sent to Sir John Fielding 's, that there were two people living at Strand on the Green. -

When was this? - We received it on the Sunday.

That is near Brentford? - Yes; I went on the Monday morning, the 9th I think it was, in the left hand room up one pair of stairs was one Harris, and in the right hand room was the prisoner in bed.

What time in the morning was this? - When we got there it was near six; after we had searched his cloaths we were willing to secure him before we did any thing; he was obstreperous and knocked one of the officers down, he was knocked down and then secured; in his fob I found a piece of string, I pulled it out, there was a piece of lead at the end of it; in his breeches pocket I found nine shillings; one being marked, the magistrate ordered it to be kept and the rest delivered to him again; the shilling that has been produced here is the marked shilling I found upon him; in the side-pocket of his breeches were these six picklock keys (producing them); in his coat pocket I found this cord with a piece of lead at the end of it about a pound weight, which would knock any body down (producing it); in the same pocket, I believe, there were eight or nine, or a dozen balls, besides gunpowder; in the closet which he wanted to make to, I found three pistols (producing them); one was loaded with three balls, another with two, the other pistol was not loaded; in the same closet I found a bunch of picklock keys, (producing them); this is the contents of the two pistols (producing the charge as drawn).

Mrs. DICKER. I am quite sure this is the shilling I took for my uncle; we found a piece of brass that was broke off a pistol, and some bullets in my uncle's room (producing them).

GEORGE STURTON sworn.

I was with Mr. Clarke and the rest of Sir John Fielding 's men at the apprehending of the prisoner.

Have you any thing more to say than what Mr. Clarke has said? - Yes; when Mr. Clarke and Mr. Bond took away the prisoner, they left me, Bryant, and Jealous at the house, to see if we could find any thing that would lead to a discovery of Mr. Bean's robbery, or of any accomplices; after they were gone I went into the yard to a place where they keep fowls; I saw a padlock upon a place that we had not looked into; I went into the house and asked the prisoner's wife where the key of that padlock was; Harding kept the house; they told me there was a key, and the girls looked about for it, but they could not find it; I opened the door with a crow, and found in it a large sack with a parcel of picklock keys and counter pieces, and a pistol, and another bag with another pistol in it (the two pistols produced).

(The piece of brass found in Mr. Bean's room, which was the guard of a pistol, did not appear to belong to any of the pistols produced.) And here are the rest of the things (producing them); I can say nothing further.

Can Bryant say any more than you have? - No.

PRISONER's DEFENCE.

I sent to the sign of the Ship at Strand on the Green for change of a guinea; they sent me this shilling; I had not a shilling or a sixpence in the world before.

To CRAINE. Whether you had ever seen the man with the crape, or the man that held the candle to your face before? - No, not that I know.

Is the prisoner one of them? - I cannot tell; the man with a crape on his face was a tall lusty man *.

* The prisoner answered that description.

FOR THE PRISONER.

FRANCES THOMPSON sworn.

I keep the Ship, a public house at Strand on the Green.

Did the prisoner use the house? - No; the daughters used to come for beer; on the Sunday before he was taken up, the girl came for a pint of beer and change for a guinea, there were three pints owing; I took for the beer, and gave twenty shillings and five-pence in change, I believe all in silver; I took no particular notice of the silver, whether it was marked or not.

' RICHARD HAWES , MOSES EDMUNDS ,

' JOHN GREENING , JOHN

'SHARPLESS, THOMAS EGGLETON ,

'and JOHN DAVENPORT , deposed, that

'they had known the prisoner some years; that

'he was a fell-monger and breeches-maker , and

'afterwards a farmer at St. Alban's ; one of

'them said, that after he sold his farm, he

'dealt in a little tea; all of them gave him a

'very good character.'

Prisoner. The pick-lock keys were left at my house in August last.

RICHARD STEVENSON sworn.

I happened to be at the prisoner's house on the 27th of August, and a man on horseback whom Mr. Harding did not know came there, and said, he should call again for a couple of cocks, and left a couple of cock bags full of pistols and pieces of iron; when Mrs. Harding's back was turned, I had the curiosity to look in the bags; they contained two pistols without buts, and three or four pistols besides; I don't know what the pieces of iron were; I did not observe any pick-lock keys ; I believe there was as much as wo uld fill a couple of middling cock-bags; I said nothing to Mrs. Harding nor any body; she did not know that I looked in them.

To STURTON. is the sack you found the things in a cock bag? - No, it is a sack; (producing it) I found some in this sack, and some in another sack.

To CLARKE. You found some pick-lock keys in the prisoner's pocket? - Yes, six all together; the smallest lead was in his breeches pocket ; I thought it was a watch, and pulled it out; and the other I found in a pocket in the inside of his coat.

Prisoner. I am informed that Sir John Fielding knows of the people that did break the house open.

STURTON. I attend the office every day; I have not heard of any such thing.

To Mrs. DICKER. How did the persons get into the house? - They broke the window open below and got in; there was the mark of chissels; they broke my door open.

GUILTY . Death .

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

757. FRANCIS BENSON was indicted for stealing three pieces of silk lace containing fourteen yards, value 20 s. the property of Ann Weeks , widow , September 24th .

ANN WEEKS sworn.

I am a millener in Bishopsgate-street : I can only swear to the silk.

CATHERINE BATHURST sworn.

I am a box-maker: I went to the prosecutrix's house, the prisoner was in the shop; I bid him ask the lady if she wanted any boxes, he said, yes, and immediately took three cards of silk lace out of the window, and went out; a little girl came and enquired if the man that went out belonged to the house, and finding he did not, I informed them he had taken three cards of lace; I set down my boxes, ran out after him, and cried, stop thief; in consequence of which he was taken.

WILLIAM MUSGROVE sworn.

I am a gingerbread-baker: I heard the cry of Stop thief; I ran out, and an elderly gentleman had hold of the prisoner; he got from the gentleman, I pursued and took him; he dropped two cards of lace, and one I found buttoned under his coat; that I delivered to Mrs. Weeks.

SAMUEL LAWRENCE sworn.

I saw the prisoner drop two cards of lace, which I picked up and delivered to Mrs. Weeks.

[They were produced in Court, and deposed to by the prosecutrix.]

PRISONER's DEFENCE.

I leave it to the mercy of the Court.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Branding. See summary.]

[Imprisonment. See summary.]

758, 759. ANN POTTER and RICHARD SAWYER were indicted, the first for stealing a silver table spoon, value 10 s. two silver tea spoons, value 10 s. and two linen shirts, value 20 s. the property of Henry Davis , and the other for receiving two linen shirts, parcel of the above goods, well knowing them to have been stolen , October 5th .

HENRY DAVIS sworn.

I am an hosier in Whitegate-street , Potter was my servant ; on Saturday I missed the things mentioned in the indictment; I charged Potter with taking them; she hesitated a good while, at last she confessed she had pawned some of the things; the shirts were found on the other prisoner.

JOSEPH GAZEL sworn.

I am a pawnbroker: I took in a waistcoat and sheet of Potter.

FRANCES GAZEL sworn.

I am wife of the last witness: I took in some spoons of the prisoner Potter on the 30th of September ; she pawned them in the name of Ann Potter .

POTTER. My master promised me if I would confess, he would not hurt me; but if I did not, he would send for a constable.

Prosecutor. I never made any promises.

SARAH BEAN sworn.

I am a pawnbroker: I took in a shirt and a pair of stockings of the prisoner Potter towards the latter end of September; she brought them in the name of Ann Sawyer .

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

STEPHEN JONES sworn.

I am a watchman: Mr. Davis sent for me about six o'clock on the 6th of October, and told me his servant had robbed him, and that the prisoner Sawyer who used to come to her of a night, had two of his shirts; I waited at his house till eleven o'clock, expecting he would come, but he did not; at about twelve, I saw him cross St. Paul's Church-yard; I told him he was my prisoner, he asked for what; I told him, a robbery in the house of Mr. Davis, in Whitegate-street ; he said, he supposed I meant the two shirts; he had one on, and the other I found in his pocket.

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

' WALTER PROSSER the constable confirmed

'the testimony of the last witness.'

POTTER's DEFENCE.

When I was taken, the things were in my master's house; he has given them to the pawnbrokers to come and appear against me.

SAWYER's DEFENCE.

Potter is my sister, she used to wash for me; she gave me these two shirts in a mistake; I thought they were mine, and put one of them on.

POTTER GUILTY .

SAWYER GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Branding. See summary.]

760. JOSEPH BROTHERTON was indicted for stealing 32 lb. weight of pork, value 12 s. the property of John Hack , Sept. 21st .

JOHN HACK sworn.

I keep a pork-shop in Shoe-lane: on the 21st of October, at about five o'clock in the morning, I bought three pigs of Mr. Stokes in Newgate-market ; I paid for them, and left them hanging up in Mr. Stokes's parlour, till my man should fetch them; I saw the prisoner some time after go down Warwick-lane with a side of pork over his shoulder; I observed a note in the haunch, the same as in mine, but did not at that time know that it was mine; I saw him put the pork into a cart, and cover it up; I met the man just after, he told me a side of my pork was missing ; the note was J. Stanton, the name of the man from whom it came in the country; I went to the market, and found there had none come from Stanton but the three pigs I had bought, by which I knew it was mine; I found it in the cart.

WILLIAM STOKES sworn.

I wrote the note Mr. Hack speaks of; I remember the pork being at our house, but don't know who took it away.

PRISONER's DEFENCE.

I know nothing at all of it; I am very innocent.

'The prisoner called five witnesses, who

'gave him a good character.'

GUILTY .

Tried by the London Jury before Mr. RECORDER.

Recommended to mercy by both the Jury and Prosecutor.

[Branding. See summary.]

761. JAMES ROBERTS was indicted for stealing a silver watch, value 40 s. the property of John Goodge , September 19th .

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

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

762. JOHN ALEXANDER and JOHN LAMBERT otherwise TINKLER , were indicted for that they in a certain field and open place near the king's highway, in and upon Thomas Ebrall feloniously did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a silver watch, value 20 s. a steal watch-chain, value 2 d. a cornelian seal set in silver, value 6 d. a brass watch-key, value 1 d. and one shilling and six-pence, and eight half-pence, the property of the said Thomas , Sept. 30th .

THOMAS EBRALL sworn.

Upon the 30th of September last, as I was walking along the Duke of Bedford's private road, at about half after seven in the evening, two persons attacked me; one was armed with a cutlass, the other with, I believe, a pistol; they bid me stand, and they took from me a shilling and sixpence in silver, and four pennyworth of halfpence, and a silver watch which had two seals belonging to it; they did not use me ill, nor make use of any ill language to me; as soon as they had got their booty, they went away, but it was not light enough to distinguish their faces, so I cannot by any means swear to the persons of the prisoners, but they were almost immediately taken; as I came along, I passed by several people; they turned towards Pancras, the way I had come; I knew therefore they must meet these people I had passed; I called out; the robbers endeavoured to make their escape, the people stopped them; one of them (Alexander) was never out of my sight, though I could not distinguish his face; he fell down, and one of the company secured him; they took him to Sir John Fielding 's; the other was taken at about half a minute distance by the people that were there; they were searched at Sir John Fielding 's, and the silver watch and the very identical sum I was robbed of were found upon Tinkler.

DANIEL RUSCOE sworn.

I was one of a company who were coming by; I heard the prosecutor cry, Stop thief; I saw Alexander make over the field in order to make his escape; I followed him, he fell down, upon which I secured him; we conducted him to Sir John Fielding 's; and the watch and money were found upon the search upon the other man, who was taken at the same time.

EDWARD WATTS sworn.

I was going down Southampton-row; there was an alarm of some footpads being taken in the Duke of Bedford's road; upon the grass near the road I found a pistol.

JOHN CLARKE sworn.

The prisoners were brought in custody to Sir John Fielding 's; the justice desired I would search them, which I did; in Tinkler's greatcoat pocket I found this watch (producing it); there was one shilling and sixpence in silver, and four-pence in halfpence, I found upon him.

EBRALL. It is my watch; I know it by the seals; they are set in a particular manner.

DAVID PROTHERO sworn.

I found a cutlass in the fields, about eight or ten yards from the road; thrown out of the road, I apprehend, by the people that were taken.

JAMES HARDCASTLE sworn.

I was one of the company coming down the road; I heard the cry of, stop thief; I took Tinkler, and conveyed him to Sir John Fielding 's.

' RICHARD BARRETT and THOMAS

'JONES, confirmed the evidence of the last

'witness.'

'ALEXANDER did not say any thing in his

'defence.'

TINKLER's DEFENCE.

I picked up the watch and put it in my pocket; and ran along as other people did.

FOR TINKLER.

ROBERT DUNCAN sworn.

I have known Tinkler between three and four years, which is ever since he came apprentice to Mr. Joseph Lamb in Miles's-lane, who lives within a few doors of me.

What has been Tinkler's character and behaviour during the time you have known him? - I never heard any thing amiss of his character before now; his master and mistress give him the best of characters; his behaviour was as good as any young man I know.

RICKMAN FROST sworn.

I have known Tinkler almost four years; he has been entrusted very considerably, and always behaved well; he went from his master's about three weeks before he was taken up.

How came he to go from his master? - I don't know.

You know, I suppose, why his master and he parted? - I cannot possibly tell that.

JOSEPH LAMB sworn.

I am a carpenter and joiner: Tinkler has been apprentice with me four years within a month or two.

What has been his behaviour? - Excessive good; I have sent him out with bills, and allowed him to give receipts; and he has always brought my money truly; I never found any thing dishonest by him in my life; not only that, but the very night he absconded from me, he brought four shillings that he had received for me.

Suppose he should be so happy as to regain his liberty, would you again employ him? - I certainly would.

COURT. What do you mean by absconding from you? - He went away on Saturday night.

How long ago? - I believe about a fortnight, when he was taken.

Did not he come near you afterwards? - No, I heard nothing of him till he was taken.

How old is he? - I believe about eighteen.

JOHN GARTH sworn.

I have known Tinkler from his infancy; I never heard any thing amiss of him before this unhappy affair; his parents are very worthy industrious honest people.

Are they capable of putting him in any way of life? - Yes, I am steward to the gentleman they are tenants to; they always paid their rent, and behaved with decency, propriety, and sobriety.

FOR ALEXANDER.

THOMAS SIMPSON sworn.

I live in Harp-lane, and am a peruke-maker: Alexander has lived with me something better than a twelve-month; I had agreed with him for a couple of years; he behaved very well.

What age is he? - Seventeen or eighteen, I imagine.

How long has he left you? - I think it was at the latter end of July.

BARNARD DUDMAN sworn.

I am a hair-dresser, and live in Denmark-street, Ratcliff-highway: Alexander came to work with me the beginning of August; he behaved very well in my service, and gave great satisfaction to my customers; he was in my service at the time he was taken up; he was with me on Sunday; he committed this unhappy affair on Monday.

Are you a house-keeper in Denmark-street? - Yes, I am.

HENRY SPARROW sworn.

I work journey-work with Mr. Simpson: I have known Alexander nine months; he always bore a good character among the customers; they seemed sorry when he was gone, they thought him a sober, honest young fellow.

THOMAS ELSMORE sworn.

I am a peruke-maker and hair-dresser : I have known Alexander and all his family upwards of sixteen years; his mother is a very sober, just woman, she was left a widow with six children; she has brought them up very well; two of her daughters are out at service, one at Lord Craven's, the other is with an eminent merchant in Fenchurch-street; they all have irreproachable characters: I live at the bottom of Plummer's street, Bishopsgate-street.

BOTH GUILTY. Death .

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

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

763, 764. JAMES WILLIAMS and WILLIAM HATTLE were indicted for stealing twelve linen shirts, value 20 s. six muslin neck-cloths, value 6 s. two silk handkerchiefs, value 4 s. ten linen handkerchiefs, value 5 s. a pair of corderoy breeches, value 10 s. a cloth waistcoat, value 5 s. a sattin gown, value 10 s. a silk gown, value 10 s. two linen gowns, value 10 s. a dimity bed gown, value 2 s. and four linen shirts, value 4 s. the property of Henry Summons in his dwelling-house , September 2d .

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

BOTH NOT GUILTY .

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

765, 766. EDWARD WILLIAMS and JAMES ATCHINSON were indicted for stealing seven pair of men's shoes value 28 s. a pair of boy's leather shoes, value 1 s. a pair of women's leather shoes, value 2 s. and three pair of women's leather clogs, value 5 s. the property of Robert Taylor , September 22d .

ROBERT TAYLOR sworn.

I am a shoe-maker in the Strand : Atchinson was my apprentice , the other prisoner was my journeyman; I discovered by some of the things being stopt by a pawnbroker, that my apprentice had robbed me.

' WILLIAM SHIPLEY a pawnbroker,

'produced a pair of shoes which he received

'of Atchinson on the 3d of October, which

'were deposed to by the prosecutor.'

' JOHN BROOKS , servant to another pawnbroker,

'produced a pair of shoes he received

'of Atchinson the 28th of September, which

'were deposed to by the prosecutor.'

BENJAMIN BANKS sworn.

I deal in clogs: I happened to be at Sir John Fielding 's when the prisoners were under examination; I recollected I had bought three pair of Bath clogs of Williams.

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

WILLIAMS's DEFENCE.

I bought five pair of clogs of a hawker, and sold them again to another hawker.

ACTHINSON's DEFENCE.

I was promised by my master if I would confess, I should have mercy shewn me.

To TAYLOR. You learnt where the things were by Atchinson's confession? - Some of them.

'Atchinson called five witness, who gave

'him a good character.'

'Williams called several witnesses, who

'gave him a good character.'

BOTH GUILTY . B .

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

767. DARBY CARWICK was indicted for stealing a silver watch, value 6 l. the property of William Dixon , October 4th .

WILLIAM DIXON sworn.

On the 4th of October I went to the house of a woman I had met with one day before, who said she dealt in tea, and had given me a direction; I went for some tea; when I came there the prisoner who was in the house went out; she told me she believed her child had the small pox and desired me to go up stairs and look at it; I went up; I had not been up five minutes before the prisoner came in, and fell upon me and beat me; I asked him what right he had to use me in that manner ; he pulled my watch out of my pocket and put it in his own, and beat me again; I got down into the yard and cried out murder; some of the neighbours broke the door open ; I kept hold of him, and said I would have my watch, that he had taken from me; at this time one of justice Sherwood's men came, and I desired him to take charge of the man, for he had almost killed me and got my watch.

'On his Cross Examination he said, that this

'was about twelv e o'clock in the day; that

'it was in Butcher-row, East Smithfield; that

'he did not attempt to be rude with the woman,

'nor did he know that the prisoner was

'her husband; that his watch was not in the

'bed, but in his fob.'

JANE BRIGGS sworn.

As I was a going out I met Mr. Dixon; I saw him go into the prisoner's house; he staid some time, then I heard him cry out murder, and said he was robbed of his watch; I saw him in the yard before the house, and the prisoner beating him with a stick the house is in Star-court, Nightingale-lane.

JOHN FARRELL sworn.

I attend justice Sherwood's office: on the 4th of October as I was coming down Butcher-row, near Nightingale-lane, I saw a mob; I asked what was the matter, and was told that a man had been robbed of his watch; I went in and saw the prisoner standing, and the prosecutor was saying, give me my watch or come to justice; I took the prisoner; I found the watch in his breeches; he pulled it out and gave it me; he said he was a man of property and that the prosecutor had been lying with his wife; I know the prisoner, he has a wife and family; he is employed at the custom-house to inform against liquors, or something of that kind.

PRISONER's DEFENCE.

I went out in the morning: on my return between eleven and twelve, I heard my wife cry murder; the yard door was shut and the outer door on the spring lock ; I shoved up the sash, and got in at the window; I found Dixon in the action with my wife ; I laid hold of him by the collar and said, I would kick him down stairs; he said he did not know it was my wife; I threw him on the floor, and he put up his breeches; I bid him go down stairs; he said give me my watch, it was lying on the bed; I told him to give me his name and place of abode, and I would bring him his watch, or he should go before a justice; I was pulling him along and Farrell shoved me into a public-house, and I delivered him the watch; he said before the justice I licked him with an Irish stick.

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

GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

[Branding. See summary.]

768. AMY PINHORN was indicted for stealing 17 s. in monies numbered , the property of Charles Duffin , September 25th .

'It appeared upon the evidence that the

'prosecutor picked up the prisoner; that she

'fell down in the street; that the prosecutor

'upon helping her up missed his money:

'he was very much in liquor.'

NOT GUILTY .

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

769. JOHN WRIGHT was indicted for stealing 7 l. in money numbered , the property of Elizabeth Rew , spinster , February 24th .

'It appeared from the evidence to be a fraud,

'and not a felony.'

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

770. JOHN MATTHEWS was indicted for stealing a linen gown, value 2 s. the property of Catherine Winterman , September 7th .

'There was no evidence to affect the

'prisoner.'

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

771. ELIZABETH GREEN was indicted for stealing 8 s. in money numbered , the property of Jeffry Faulder , October 16th .

JEFFRY FAULDER sworn.

I live in the New-rents, St. Martin's le Grand: going along Ludgate street about eleven at night on the 16th of October, the prisoner laid hold of my arm, and before I could speak to her I felt her hand in my pocket; I scuffled with her and got a shilling out of her hand; I charged the watch with her; two half crowns were found in her shoes and two shillings in her pocket.

'The constable and watchmen deposed,

'that they searched the prisoner, and found

'the money as the prosecutor had mentioned.'

[The prosecutor deposed to one of the shillings, which he knew by a crack in it.]

PRISONER's DEFENCE.

The prosecutor picked me up and took me under a gateway: he gave me two half crowns and a shilling; I told him I would not do what he wanted me in the street; then he insisted on having his money again, or else he said he would charge the watch with me.

'The prisoner called one witness, who gave

'her a good character.'

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Branding. See summary.]

[Imprisonment. See summary.]

772. CATHARINE TURNER was indicted for stealing six guineas , the property of William Bacon , October 1st .

WILLIAM BACON sworn.

On the 30th of September I was very much in liquor; I was picked up by a lewd wench in the market; she took me into a house in a court, and robbed me of six guineas.

Did you go to bed? - No, I did nothing with her ; I missed my money as soon as she got me up stairs; she put out the candle that I could not find the way down stairs; I am sure I had the money when I went into the house; I felt her hand in my pocket as soon as she put the candle out, and missed my money; I would have pursued her, but could not find the way down; I am positive the prisoner is the woman; she was taken up the next morning; I knew her again as soon as she was taken.

ANN DOWLING sworn.

I keep a public house in Fleet-market; on the 30th of September the prisoner came to our house for a quartern of shrub and change for a guinea; I took notice of her giving the guinea, she was in such a deplorable condition: I bid her take care of her change; she said what was half a guinea or a guinea to her, and said she had more in her pocket, and pulled out three guineas besides the one I had changed, and said she had made a good night's work; she had robbed a man of six guineas; my man went up the passage where the man was robbed, and saw Bacon at the house door crying he had been robbed of six guineas, and would not leave the door; he came back, and my husband went for a constable, but the woman was gone; she said she robbed him in George-alley .

' JOSEPH THOMPSON a condeposed,

'that he took the prisoner next

'morning, and found 12 s. upon her: that

'she had on a new cloak, and other new

'apparel.'

PRISONER's DEFENCE.

I am innocent: I never saw the man in my life.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Branding. See summary.]

[Imprisonment. See summary.]

773. JOHN KENNEDY was indicted for stealing two spring locks, value 2 s. and five steel smoothing files, value 1 s. the property of John Furnace , October 4th .

JOHN FURNACE sworn.

I keep a shop in Moorfields : upon the 4th of October I locked the things up in the shop that are mentioned in the indictment; I found the lock picked next morning, and the things gone.

JOSHUA LOWRY sworn.

About a fortnight ago the prisoner brought the things mentioned in the indictment to me with some old iron, and offered them for sale; he asked 2 s. I gave him 18 d. for them.

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

PRISONER's DEFENCE.

I found them in Moorfields.

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

Tried by the London Jury before Mr. RECORDER.

774. EDWARD POWELL was indicted for stealing four pounds weight of moist sugar, value 1 s. the property of persons unknown , October 9th .

JOHN BLACKERBY sworn.

I belong to the quay where there were some sugar which belonged to a merchant; I was told a person had taken some sugar out; I went up and saw the prisoner with a bag open, and another person taking the sugar out of the hogshead, and putting it into the bag; I secured both the prisoner and the bag.

' JOHN SHARROW confirmed the evidence

'of Blackerby, as to the taking of the

'prisoner and the bag; and added that the

'prisoner went on his knees and begged for

'mercy.'

PRISONER's DEFENCE.

I have no witness here.

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

Tried by the London Jury before Mr. RECORDER.

775. THOMAS GREEN, otherwise SMART , was indicted for making and coining a false piece of forged and counterfeit money, to the likeness and similitude of the good and legal money and current silver coin of this realm called a half crown , against the statue, &c. October 7th .

2d Count. For coining a shilling.

3d Count. For coining a six-pence.

JOHN MAYLAND sworn.

Upon the 10th of October 1775, between twelve and one, I went to a house in Fair-street, Bethnal-green , which I understood was inhabited by the prisoner at the bar; I was in company with one Dorman; we had information against them for coining; Dorman looked through the key hole of the street door; there was but one room on a floor, so that the key hole commanded the room; he could look in and see to the end of it; Dorman called to me to look; I looked in, and saw one Clay and the prisoner and a woman at the further end of the room; they seemed to be founding of something upon the back dresser; I went to find the back door of the house, which was by an alley; and by the time I had got there Dorman had found means to get in at the fore door; he let me in at the back door; when I got into the house I saw this base money lying upon the dresser (producing it); I saw likewise a bag of faceing sand, a parcel of allum, some cream of tartar, and scouring-paper, they were all upon the dresser I saw the people standing at; then we went up to the two pair of stairs room; there we found a flask, a vice, a parcel of files and crucibles, and in the cellar we found a press and fly for making copper money.

CHARLES DORMAN sworn.

I was along with the last witness; I looked in and saw the people doing something at the dresser, I could not tell what; I called to Mayland to come and look, and then sent him round to find the back door; after he had been gone a few minutes I knocked at the fore door, and was let in by a woman; as soon as she let me in she rushed by me and ran away; I secured the prisoner and Clay; then I shut the fore door to prevent their getting off, and then let Mayland in at the back door; I bid him take care of the money while I secured the prisoner; there lay upon the dresser three parcels of six-pences, a parcel of bad shillings by themselves, and some bad half crowns.

JOHN CLAY sworn.

I was found in Green's house: I met Green in the month of August, he asked me how trade went, by which I understood the disposing of bad halfpence ; I gave him an answer to it; then he asked me if I could furnish him with any dies, and appointed to meet me; I was to bring some dies with me; I was disappointed in procuring them, I could not keep that appointment ; we met by accident then; the prisoner desired me to come to him in Eyre-street, and to ask for one Green a buckle-maker ; I went there, and there I found the prisoner, who took me into the two-pair of stairs room; he shewed me some base six-pences, and said he and the woman had made them; he shewed me all the utensils he had, and said they made a shift with them; he appointed to meet me at a house in Chick-lane ; he shewed me a six-pence which was made of silver of the value of 4 s. 8 d. an ounce; he said he had a machine for cutting them, and if I had a mind they would make some; I consented to make money with him, and gave him three guineas to buy silver; the money was laid out in silver, which had a proper alloy put to it, so as to be run down to the value of 4 s. 8 d. an ounce; this was scoured and prepared, and made into six-pences in Eyre-street by me, the prisoner, and the woman; it produced 25 s. for a guinea; after that I produced another guinea to buy more silver, and to try if we could cast it into shillings and six pences; we did try a whole day and could make out but 11 s. that were passable; then we agreed to make more shillings that were easier produced; we put some few half crowns into the mould and made some, I cannot say how many; this was some time before we were apprehended; for from the Saturday till the Wednesday that we were taken up, we had done no work; we had not been at work the day we were taken up: in preparing this money we boil it twice, once in aqua fortis and water, and another time in a preparation of and cream of tartar; the prisoner is by trade a buckle-maker; we struck the six-pences with a press, and made them all with one-pair of dies; but when we cast, we cast from moulds made of impressions of different pieces of money, because one flask would contain 14 s. or 15 s. or four or five half crowns and 8 s. and so on in proportion to the number of six-pences; so we did not make them all in the impression from one piece of coin as when we struck the die, but from many; as to half crowns there might be two or three, for any thing I know, that we made our moulds from; we cannot take off the letters upon the edges of the half crowns, so that the bad money in half crowns is that which has not the letters upon the edges of it.

JOHN CLARKE sworn.

All the tools and utensils that were found are implements for coining; the flasks are used for casting (describing the manner in which it is done); the faceing sand is a finer sort of sand, used after the impression is made upon the mould, to fill up all the interstices of the sand, in order that the cast may come out smooth and free from spot or blemish; the buff leather which was found, was for the purpose of giving the metal a polish before it received its colour: it appeared to me when I first saw these flasks before the magistrate, which was a long while ago, that the mould was at that time very damp, and from the circumstance of its being damp, I am of opinion that it must have been used for casting within a short time, perhaps a week, of the time when the prisoner was apprehended.

ROBERT ROVER sworn.

The prisoner had rented that house in which he was found of me, but he came to me about the Michaelmas quarter-day, to let me know that his sister was in future to pay the rent; that he was going to another house; this might be a week, or ten days before he was apprehended; I understand that the goods that were in the house at the time the prisoner was apprehended were not his, but his sister's; I don't know any thing with certainty with regard to that, only what the woman told me after the man was taken up.

JAMES COLLARD sworn.

I am a monier at the Mint; the shilling and sixpences, and two of the four half crowns that were found in this house are base money; I judge of them not by any assay I have made to try the quality of the metal, to see how near the standard it is, but from the manner of the coinage I know they are not regularly coined metal.

PRISONER's DEFENCE.

I am entirely innocent of the charge that is laid against me; the evidence given now is entirely different from the evidence given before the justice; Dorman, or the other man, swore before the justice, that the furnace was a-light at the time we were taken; the evidence cannot say any thing to my guilt; they have now consulted together to take my life away; I was in the house at the time; I was going down to Blackwall on board the Bute Indiaman to Mrs. Gordon's friend, who I lent a guinea to; she said she would go along with me if I waited till afternoon; I was sitting there waiting for her when the men charged me with coining; I had let the house to her, and had another house in Chick-lane ; I have been in the buckle-making business these two years.

FOR THE PRISONER.

JAMES WOOD sworn.

I am a watchmaker: I have known the prisoner twenty-five or twenty-six years; he was brought up to the business of a cutler.

Do you know where he lived in October last? - I cannot say; I saw him at his master's now and then; I never heard any thing amiss of him in my life; I have seen him very often at his master's, who keeps a public house near where I live.

WILLIAM BOOTH sworn.

I am a cutler: I have known the prisoner from the month of March last till he was taken up ; he worked with me the whole of that time.

DOROTHY BIGGLESTON sworn.

I lodged with the prisoner in Long-lane when he kept the Kentish Drover; I moved with him to Chick-lane; he is a very honest man, he never was above an hour or two at a time, out of his business ; I have seen him for hours together mending iron blades and such things, and very poor he was; I am a widow and a mantua maker.

- FLAXTON sworn.

I have known him twenty-four years; I never heard any thing amiss of him before this.

JOHN DANIEL sworn.

I have known him ever since I was born; he is a very honest young man.

HENRY GRIGSON sworn.

I have known him twenty years; I always heard he was a very honest industrious man.

'He likewise called William March , who had

'known him eight years, Ann Mosley fifteen

'years, and John Meanwell fifteen years; all

'gave him a good character.'

GUILTY . Death .

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

776, 777, 778. JOHN WHILE, otherwise WILD , ELIZABETH WHILE, otherwise WILD , and JOSEPH WHILE, otherwise WILD , were indicted for traiterously making a piece of false, feigned, and counterfeit money, to the likeness and similitude of the current legal money and silver coin of this realm called a shilling , September 5th .

2d Count. For coining a sixpence.

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

JOHN DIXON sworn.

I went to search the house of John Wild in Brooks-street Ratcliff , in company with Farrell, Paggett, Wynne, and Elby; I think it was on the 5th of September, about eight in the morning: we could not get in at the fore door; Farrell and I went round into a rope ground and got in at the back door; we met a woman in the passage; she asked what we wanted; I ran immediately to the fore door and let Wynne and Pagget in; finding nobody below, we went up to the one pair of stairs room, there I found John Wild and Mrs. Wild in bed.

How many rooms are there on a floor? - Two, I believe; it was in the fore room: I did not stop there long, but ran up into the two pair of stairs room, and found Joseph Wild in bed; I knew him immediately; I said nothing to him, but went down stairs and told who was there; we began to search in the one pair of stairs room; on the woman's side of the bed we found these pockets (producing four linen pockets); Mrs. Wild immediately jumped out of bed and endeavoured to secure the pockets, Farrell snatched them away and delivered them to me, and I found a quantity of bad shillings in them; they are now in the pockets sealed up in the same state they were; they are tied up in separate parcels; we secured the people and went down into a back kitchen, there we found a pair of flasks, a quantity of sand, crucibles, a bottle of aqua fortis, files, weights scales, and facing, in short every thing used in coining.

What were the scales for? - For weighing the quantity of metal, I believe; there was a large quantity of charcoal, a stove and furnace fixed, with two melting pots in it, a quantity of copper, a pair of sheers, this pot (producing it) was on the fire with the pickle in it, but the fire was out; here is another piece of metal found in some part of the room, I cannot justly say what part; a sieve, scissars, a cork, and every thing that can be used in that way (the several articles were produced in court).

What do you call that metal? - It is to melt down to make counterfeit shillings, they call it cicil; I believe there has been some pieces cut out of it.

GEORGE WYNNE sworn.

I went to search this house in Brooks-street: Dixon and Farrell got in the back way and opened the street door; then I went in with Pagett and Elby; we went up stairs and found John Wild and his wife in bed, and Joseph Wild in bed in the two pair of stairs room; I desired Mrs. Wild to open a chest in the one pair of stairs room, which she did, and I found in it a quantity of bad shillings and sixpences; it stood at the foot of the bed in the lower bed-room; I believe Dixon and Pagget broke open the door, and there was all the tools, which are produced; Dixon, I, and Farrell searched Bond's house at Mile-end the same day, where I found a parcel of bad money, which he said he had from the prisoner (producing it).

WILLIAM BELL sworn.

The prisoner and Mr. Bond took a house of me in Brooks-street, Ratcliff-cross; Bond said it was for Mrs. Wild and her husband; she was present when he made the agreement; it is between four and five months ago.

Do you know whether Mr. and Mrs. Wild entered the house? - I know Mrs. Wild did; for a few days before this was discovered, she came to me to have a new lock put on the door; I never saw him there; I am not certain whether I was ever in the house after it was let; - I believe I was once.

Cross Examination.

Bond took the house for Wild and his Wife, which of the Wilds did you understand it was? - I don't know; I had never seen Wild.

Then Mrs. Wild took it for herself and her husband? - I think Mrs. Wild signed the agreement for herself and her husband.

Did you sign any agreement? - Yes; I believe I signed for the other party.

Did you sign any agreement to Joseph Wild ? - I don't know which of the Wilds it was.

Have you the agreement? - I left it at Mr. Sherwood's by his desire.

JOHN BOND sworn.

I know all the prisoners; I have known them four or five years, as far as neighbours; they came to live in Brooks-street about Midsummer; I believe they took the house of one Mr. Bell.

Tell what you know of the offence with which they are charged, being committed in that house? - I had some knowledge of it before they came there, in Whitechapel; I have been in the house in Brooks-street several times; I have had three or four guineas worth of silver at a time of John Wild , at twenty-eight, shillings to the guinea; I have seen them rubbing something resembling money with paper; I have seen John scouring something, and Joseph treading some sand, I imagine to cast in; it was a kind of a box of sand; I never saw the woman do any thing.

Should you know the box again? - I don't know that I should.

How long was it before they were apprehended that you saw this? - About two months; it might be less or more; I don't know that I ever saw it but once.

Who did you buy silver of? - John first of all; I bought twenty guineas worth of John's wife in Whitechapel, at twenty-eight shillings the guinea.

What was the last money you purchased of them? - I believe three or four guineas.

How long was that before they were apprehended? - Within a week, I think.

Was your house searched at the time they were apprehended? - Yes.

Some money was found there? - Yes.

How much? - I don't know.

Who had the money that was found in your house? - Some of them; I believe there was none but what I received of Wild, except a shilling or two I might take and throw in.

How much might be the quantity? - There might be two or three guineas; I recommended them as tenants to Mr. Bell; I knew them before.

Your business was only to vend the bad money? - I had nothing to do in the making of it.

You was not permitted to see them make it? - I was in the room once; I saw Mr. Wild rubbing some metal with sand; I saw John Wild pour some hot metal into a square iron thing, and I saw Josph Wild damp some sand.

What sort of a thing was it? - (Looks at the flask) It was something like that.

'On his Cross Examination he said, he surrendered

'himself and was not taken up, and

'that he expected to be let off on giving his

'evidence.'

JOHN CLARKE sworn.

Are these instruments produced proper for the coining of silver? - Certainly so; here is the flasks into which the metal is poured.

Is aqua fortis used in coining? - Yes; it is used to colour the metal after it is coined.

What is that in the crucibles? - There has been metal melted in this crucible; (looks at another) that has not been used.

What is that in it? - It is what they call get; it is laid in the sand when they cast, it feeds the impression; there is a piece of lead laid on the side of that and then impressions are made.

Cross Examination.

Whether these crucibles and instruments may not be used to other purposes besides the purpose of coining? - Certainly, where melting business is carried on.

JAMES COLLARD sworn.

I am one of the moniers of the Mint (picks out fourteen, or sixteen shillings and sixpences); these are bad; there is not one of the others I would swear to be good; but there are some of them doubtful.

COURT. What quantity is there of them in all?

Counsel. About seven pound.

JOHN WILD 's DEFENCE.

I am innocent; my brother will give you an account of the things.

ELIZABETH WILD 's DEFENCE.

I had the money that was in my pockets of my brother, he was going out and desired me to take care of it; he did not like to carry such money about with him; that is all I know of it.

JOSEPH WILD 's DEFENCE.

About a twelvemonth ago one Yardley, who was under sentence of death, sent to me and said, he had so and so, which was the things produced in Court; that if I would go I might have them, they were packed up in a box in Golden-lane, they were of no use to him; I went to the house in Golden-lane, and got the box; I brought it to this house, there were these things in it; when I saw what it was, I thought to run all this money into gun metal, and when the witnesses came in, I was treading the sand to do it; I am a gunsmith.

FOR JOSEPH WILD .

JOHN CURRON sworn.

I did keep the Black-raven, in Golden-lane, some time ago.

Do you know of a box left there? - I know nothing of Yardley; there was a box left at the bar; a man came and enquired for it, and said it was marked J. Y.; I looked, and it was so marked; I delivered it.

Cross Examination.

You kept a public house in Golden-lane? - Yes.

This box was left in your custody? - It was left there, I don't know by who; I never saw the man that left it; it was left in the care of my wife.

COURT. How did you know who to deliver it to? - He told me the mark of it.

Did you ever see Yardley? - No.

COURT. So a box is left in the bar you don't know by who; it stands in the bar where any body might see it; and you deliver it to any body that mentions the mark of it? - There is nobody admitted into the bar but my wife and myself.

Where do you live now? - I keep the Crown ale-house in Cock-lane, Spital-fields.

Was you ever taken up for this? - No; I never was in custody in my life for any thing.

Mr. COLLARD. I have looked the money over; and selected about thirty pieces that are bad.

'The prisoners called four other witnesses,

'who gave them a good character.'

JOHN and JOSEPH WILD , both GUILTY . Death .

ELIZABETH WILD NOT GUILTY .

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

779. RICHARD NORTON was indicted for stealing a guinea , the property of William Beetham , September 25th .

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

780. ANN, the wife of Alexander CLARK , was indicted for stealing-half a guinea and 50 s. in money numbered , the property of Andrew Rooke , September 5th .

'There did not appear to be any foundation

'to charge the prisoner.'

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

781. MARY, the wife of John DIXON , otherwise DICKINSON , was indicted for stealing a child's linen cap trimmed with white thread lace, value 2 s. a child's cotton jam, value 2 s. a pair of children's stays, value 2 s. a child's lawn handkerchief, value 1 s. and a pair of child's copper shoe-buckles plated with silver, value 2 d. the property of William Ross , August 26th .

'It appeared upon the evidence to be a

'malicious prosecution, the Court granted

'the prisoner a copy of her indictment,'

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

782. HENRY ROBINS was indicted for stealing three guineas and 10 s. 6 d. in monies numbered , the property of George Curtis , October 2d .

GEORGE CURTIS sworn.

I am hammerman to a blacksmith ; I had a box of cloaths with three guineas and a half in it in Mr. Sparks's house; the box was locked; I saw my money in the box last Tuesday fortnight; I missed it about three days after; I have not recovered a farthing of it; the box had been broke open; I charged the prisoner with it, and he offered me half the money.

THOMAS SPARKS sworn.

On the 1st of October the prisoner came from his place, and his mother came and asked me to let him lie at my house; I did not that night, the next night I did, he slept with me; I got up in the morning, and left him getting up; I went to the shop, and staid about an hour, and found the prisoner was not come down; I went up stairs, he had locked himself in; I looked through the crevice of the door, and saw he had got the prosecutor's box open, and his hands very busy in the box; the boxes in the room were all locked before; soon after, I saw the prisoner with two guineas in gold and six shillings in silver; he had not a halfpenny the night before.

PRISONER's DEFENCE.

I lay with Sparks; when he got up, I thought it too soon to get up; I locked the door, and went into bed again; I did no meddle with the money.

GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

[Branding. See summary.]

[Imprisonment. See summary.]

783. 784 JOHN HARMOND and REES POWELL were indicted, the first for stealing four pair of linen sheets, value 3 l. 10 s. six muslin handkerchiefs, value 10 s. a silk handkerchief, value 2 s. seven linen table-cloths, value 20 s. a linen napkin, value 1 s. seven linen dusters, value 2 s. the property of Sarah Cooke , spinster , and Elizabeth Cooke , spinster ; three pair of muslin ruffles, value 20 s. the property of Elizabeth Cooke , a muslin apron, value 2 s. two linen shifts, value 5 s. two linen shift sleeves, value 4 s. a linen bed-gown, three gause stockings, value 1 s. a pair of laced worked ruffles, value 5 s. and three chceque linen aprons, value 6 s. the property of Judith Turner ; a cotton night-gown, value 6 d. a linen shirt, value 5 s. and a nankeen waistcoat, value 4 s. the property of Thomas Haswell , October 10th ; the other for receiving two pair of linen sheets and six muslin handkerchiefs the property of Sarah and Elizabeth Cooke ; two pair of muslin ruffles the property of the said Elizabeth Cooke ; two linen shifts and five linen shift sleeves the property of Judith Turner ; and a nankeen waistcoat the property of Thomas Haswell , being part of the above things, well knowing them to have been stolen , against the statute.

JUDITH TURNER sworn.

I live with Miss Cooke at Cheshunt : on Thursday the tenth of this Month, early in the morning, the linen mentioned in the indictment was stolen out of our laundry; they were washed and got ready for ironing; I saw several of the things at justice Welch's on the Sunday following.

[Four sheets and a table-cloth were produced in Court, and deposed to by the witness.]

ANN WINGATE sworn.

I lodge in Hayes's-court, Newport-market; Harmond lodged in the back garret of the same house; he was out on the Wednesday night; he came home on the Thursday night between nine and ten o'clock; my husband got out of bed to let him in; I saw some muslin the next morning, and laces folded down, through the crevice of the door; and saw him and his bed-fellow carry out four bundles; I went to Litchfield-street and gave information.

WILLIAM WINGATE sworn.

I am the husband of the last witness; I let Harmond in on the Thursday night; I had some suspicion of him, on account of his lying out of his lodging; I looked through a hole in the wainscoat, and saw him take a bundle from under the bed, and take out some sheets and table linen, and hold up before the candle, and then lay them in a chair; I told my wife what I had seen.

CHARLES GRUBB sworn.

There was an information brought on Friday morning of some suspicious persons in Hayes-court ; I went to Hayes-court, and went up stairs, and looked through a crack and saw the linen in different parts of the room; Harmond was not at home; I broke open the door, and searched the room; I found some under the pillow, and some under the bed, half wet and half dry; all the things produced were found in the lodging, and this parcel (producing it).

THOMAS PARKER sworn.

I live with Timothy Parker , a pawnbroker; Harmond came to our shop upon Tuesday the tenth of this month, about two o'clock in the day; he pawned two shirts and a handkerchief (producing them).

' THOMAS HASWELL , servant to Miss

'Cooke, deposed, that one of the shirts was

'his property.'

JAMES WILLIAMS sworn.

I live in Cartwright-street, on the other side of Tower hill: the prisoner Powell came to me on Friday the eleventh of this month, at about four in the afternoon, and asked me if my wife would iron a few things for him; I said, no, because I was busy, and wanted her to help me; I am a taylor; he persuaded me to let her do them; he said she would get more at it than at my work; I thought it might come to six-pence or eight-pence more, and consented; he said they were at his house; I bid him fetch them, and she should do them; at dark I went down to get a candle, and saw a bundle of things lying, and asked my wife if they were the things, I saw they were things of great value, and being wet, I suspected they were not his; I told my wife she should not touch them; he came about nine o'clock; I was then going out to look in the paper to see if they were advertised; I told him he could not have them the next night, but if he would call in the morning, he might hear about them; he came, and I told him he should not have them till I had seen the papers that day, for that I suspected they were stolen; he said, he did not care, for they were none of his: I went to the public house, in about an hour the paper came in, and I saw the things advertised at full length; I desired the landlord when Powell came to stop him; for I had the things in my possession.

DAVID PROTHERO sworn.

I found some things at one Lewis's in Golden-lane: I went first to Williams's; but found nothing there.

WILLIAMS. I carried the things that were at my house to Lewis's, to let them stay there till I called for them; these are them.

[They were produced in Court, and deposed to by Miss Cooke's servant.]

HARMOND's DEFENCE.

I lodged at the house in Hayes-court, where the things were found; I was sick, and had kept my bed for seven weeks; during which time, one William Davidson , a hackney coachman, came to me and asked me to let him sleep with me; he was out of place; I consented to it, and he slept with me several nights; he went out on Wednesday the ninth of this month in the afternoon, and told me he was going to fetch some things from the place he came last from; I saw no more of him till six o'clock on Thursday morning; then he brought a couple of bundles, and desired me to put them in my lodging; I parted with him after breakfast; he brought two more handkerchiefs in the afternoon; he put one of the bundles under the bed, some on the bed, and a bundle in the chair; I knew nothing of the contents of the bundles when he brought them; this man is as innocent as the child unborn: on Friday morning Davidson took out some bundles with him, and desired me to take two bundles and meet him at a public house, which I did; then he desired me to take the bundles to Rees Powell 's, and get his wife to iron the things for him; he said Mrs. Powell had ironed for him several times; I delivered the bundles to Rees Powell , and came away directly; she said she was indisposed, but if she could not do them, she would get somebody else to do them.

POWELL's DEFENCE.

On Friday evening the eleventh of this month, Harmond brought two bundles of linen and desired my wife to iron them for Davidson; he asked me if I knew him; I told him, yes; I told him my wife was not well; he asked if I could get any body to do them; I thought of Williams, and told him, yes; when I took him to William's, they seemed dubious of them; I told them I did not know any thing about them, he might leave them till morning, and enquire about it.

HARMOND GUILTY .

POWELL NOT GUILTY .

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

[Imprisonment. See summary.]

785. THOMAS WEST was indicted for stealing twelve linen handkerchiefs, value 10 s. the property of Elizabeth Bailey , widow , October 2d .

ELIZABETH BAILEY sworn.

I live in St. Giles's: I keep a haberdasher's shop ; I lost twelve handkerchiefs, but knew nothing of it till I was sent for to the Rotation-office, to speak to my property.

JAMES HYDE sworn.

I was going up Saffron-hill about the third of this month, to the best of my knowledge, when I saw the prisoner with something under his coat: I knew him before; I crossed the way, and asked him what he had got there; he said he had got some clouts; I found twelve handkerchiefs, upon him, and took him to the Rotation-office,

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

'The prisoner said nothing in his defence.'

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

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

786, 787, 788, 789. CHARLES M'LOUGHLIN , JOHN MOORE , WILLIAM DICKINSON , and JOSEPH LORRISON , were indicted for that they in a certain field and open place near the king's highway, in and upon John Edwards feloniously did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a metal watch, value 4 l. the property of the said John , October 6th .

'The witnesses were examined apart at the

'request of the prisoners.'

JOHN EDWARDS sworn.

I am a musician , at No 66, in the Old Bailey: on Sunday evening the sixth of October, about a quarter after seven o'clock, I was coming from Islington , and in the Frog-field, leading from Frog-lane, myself and five others were attacked by four men; they demanded, my money and watch; Moore came on the right hand side of me, Dickinson on the left, and M'Loughlin before me; Moore presented, a pistol, and M'Loughlin and Dickinson had each of them a cutlass; Moore took my watch, and then searched my pockets; I told him I had no money; when he had taken my watch, and turned from me, I looked stern at them; Dickinson turned round, and with an oath asked who did I look at, and said, he would cut me down if I looked at him; after they had robbed me, they went to the rest of the company; I turned round and looked at them while they robbed my brother and sister; I was foremost in the company, we were walking two and two; my wife was with me; they put their hands into her pocket, but she had nothing; they might be about four minutes robbing us.

While they were robbing the others, you looked at them? - I looked very much at them, particularly Dickinson; he swore very much at me for looking at them; after they had robbed us, they went four or five yards, and stood consulting; I said to my brother, let us pursue them, he was not agreeable to it; they separated, and I pursued Dickinson myself, he turned round, and said, if I followed him, he would cut me down; upon which I retreated; Dickinson ran to the left, and Moore and M'Loughlin to the right; M'Loughlin was taken about two minutes after by two men that were coming in the pathway; my sister called out to them, and they stopped him; this was about forty yards from the place where we were robbed; he had been out of sight, but I knew him again directly; he begged very hard to get off; there was a pistol found within ten yards of where he was taken; as they were bringing him down the path, the other three came up in a body; I saw Dickinson's hanger under his coat; I told the foremost of the men that they were the other men that had robbed us; then they separated again and went off; we threw Moore upon his back and searched him, but could find nothing upon him; he begged very hard to be let go.

This was about a quarter after seven in the evening of the 6th of October; was it light or dark? - It was star-light.

Had you such an opportunity of observing the people as to know them again? - I knew M'Loughlin as soon as I saw him; M'Loughlin threatened me very hard, and drove the pistol against my mouth.

Was it light enough to distinguish their faces? - It was light enough to see forty yards.

Was your watch ever found? - No; I advertised it, but have never seen it since; we gave an information of the robbery that night, and I gave a description of Dickinson, as a tall man, with long black hair, and a gruff voice; he was taken between ten and eleven next morning; I saw him at the Horseshoe in Clerkenwell. close, and knew him again directly; there was Lorrison and three or four in company with him when I saw him; he had changed his dress, but I knew him as soon as I saw him; Lorrison stood farthest off with a pistol in his hand; I cannot swear to his person.

You saw a pistol in his hand? - A horse pistol, a very large one.

MARGARET CURCHEN sworn.

I am the wife of John Curchen ; we were in company with Edwards; coming down the Frog-field, four men came up, M'Loughlin came round to me with a pistol.

Who was the first person they robbed? - My brother John Edwards ; they took a watch from him; they took nothing from me; they demanded my money; I told them I had none; they went to my husband, and took his money; I got my arm from him, and got down the field towards the Barley-mow, Islington, and met two gentlemen, and they pursued them.

Are you sure M'Loughlin was the man that came up to you? - Yes, I am.

Did you take notice of the other three persons? - Yes; Dickinson came with a pistol to my brother's head.

Which is Dickinson? - The man in the blue jacket.

Who took your brother's watch? - Moore.

Which is Moore? - The man in the black coat.

Which is M'Loughlin? - In the brown coat.

Did you know the fourth man? - No, I did not see him.

Two gentlemen went in pursuit? - Yes; they took Moore and M'Loughlin.

When you saw them again did you know them? - Yes.

How soon were they taken? - In about ten minutes.

From M'LOUGHLIN. The man says I held a cutlass to his head; she says I held a pistol. - He had both a cutlass and a pistol.

EDWARDS. He had both a cutlass and pistol.

RACHAEL EDWARDS sworn.

I am the wife of John Edwards ; Charles M'Loughlin is the man that put his hands in my pockets.

FRANCIS SHAW sworn.

My acquaintance and I were coming down Frog-field: Curchen came running down the field as fast as she could, and said they had been robbed; I saw two men running, I pursued them; M'Loughlin was never out of my sight, I took him; he said, pray, Sir, let me go, I am not the villain that committed the robbery; I asked him why he ran? he said he was afraid of being robbed himself ; all the company said he was one as soon as he was taken; as we were taking him across the field the other three came up; he begged we would let him go; he said he was not the man that committed the robbery; the other three were the men; as they came up they separated, and we took Moore; we had them to New Prison; I went back to see for the pistol, and found it within ten yards of the place where I took M'Loughlin ; this is the pistol (producing it); it was loaded, the charge is drawn; it was almost in the path where M'Loughlin had run.

To Mrs. EDWARDS. Do you know any of the others besides M'Loughlin? - I was so frightened I don't know any of the others.

Are you positive to M'Loughlin? - I believe he is the man, I won't be positive; he had a white waistcoat and black coat; he has changed his cloaths.

To JOHN EDWARDS . What cloaths had M'Loughlin when he was taken? - A black coat and white waistcoat.

' OSBORN KITTERINGHAM and

' RICHARD STANDARD , who were

'with SHAW, confirmed his evidence.'

M'LOUGHLIN's DEFENCE.

Coming along the field I heard a great outcry; I saw two men coming along, I went to get out of their way, and they laid hold of me, and said they believed I was one of them; they searched me, but found nothing upon me.

MOORE's DEFENCE.

I was coming from Islington, some people coming along this field laid hold of me; I was walking very slow, a man laid hold of me and said, you are one of them, are you? he asked the people if I was one of them, and they said, no; Edwards said M'Loughlin took his watch out of his pocket, and in the morning he said it was me.

EDWARDS. I said no such thing.

DICKINSON's DEFENCE.

I can bring sufficient proof that I was in bed that night from between six and seven till ten, when I got up and went to my business: I am a drover.

FOR DICKINSON.

ESTHER MOSES sworn.

I live in Blew-court, Saffron-hill.

At whose house? - My own; my husband is a painter; Dickinson is a lodger at our house.

How many lodgers have you? - Four; a bricklayer and his wife, a plaisterer and his wife, and a single woman, who is a black milliner.

How long has the prisoner Dickinson lodged with you? - Five weeks; he is a drover : I don't live in the house myself, I live in Kirby-street, my husband is in the country; I was informed that there was a noise at the house, that a man and his wife were falling out; I went to the house and told them if they could not live without falling out, they must quit the house; Dickinson's wife asked me to sit down and drink a dish of tea with her, I did, and at about half after five Dickinson came in; they said they had a line of lamb and potatoes, and asked me to stay and have a bit of supper with them.

What time did Dickinson come in? - About a quarter before six.

Was it day light or dark? - It was dark.

What coloured cloaths had he on? - A blue jacket.

How long had it been dark? - I cannot take upon me to say; the candle had been lighted, I believe, about five or six minutes; I supped with them, and went away by eight o'clock.

How long was you in the house in the whole? - I look upon it when I went into the house it might be about half after five; I went out and came in again; I was there first about a quarter after four.

How many hours was you in the house? - About two and a half, I believe, in the whole.

Where was Dickinson when you went away? - He was going to bed, and desired his wife to light up a rush-light to burn all night, because he was going to Smithfield.

Who was the quarrel between? - Dickinson and his wife; that was before I came; the people came and told me; I have kept a fruit shop in Kirby-street, Hatton-garden, about three weeks.

Is this house your's or your husband's? - My husband's; I gave the landlord a quarter's warning to let the house at Christmas; I went on Monday about eleven in the forenoon for my money; I saw some men come to the house; I asked them what they wanted? they said some bad people; I told them they might go up the house; they did, but took nobody; Dickinson was then at breakfast with his wife; he went up to the justice's to see what was the matter, and being in a public house he was taken.

You heard what was the matter? - They said it was for a robbery the night before in the New-road at about seven o'clock.

Did you tell them he was in your company at that time? - Yes.

Did you go and tell the justice that? - No; I did not know it till they had been there.

Who did you tell he was in your company? - Dinmore who came down to our house to take him; Edwards saw me before I went in, and I spoke to him.

To EDWARDS. What did Dickinson say before the justice? - Very little, but that he was innocent.

DICKINSON. They would not let me speak for myself.

To EDWARDS. Is that true? - No.

Dickinson called five other witnesses, who gave him a good character.

M'LOUGHLIN GUILTY . Death .

MOORE GUILTY . Death .

DICKINSON GUILTY . Death .

LORRISON NOT GUILTY .

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

JOHN MOORE , CHARLES M'LOUGHLIN , and WILLIAM DICKINSON were a second time indicted for that they in a certain field and open place near the king's highway, in and upon Robert Page feloniously did make an assault, putting him corporal fear and danger of his life, and stealing from his person a crown piece, the property of the said Robert , October 6th .

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

ROBERT PAGE sworn.

I am a cooper at Rotherhithe; I was robbed on the 6th of October in Frog-fields coming from Islington about a quarter after seven at night; I was in company with five more, John Edwards , John Curchen , John Calthorpe , Margaret Curchen , and Rachael Edwards ; we were attacked by three men as I saw.

Was it dark or light? - It was a fine starlight night.

Do you know any of the men? - Yes, Moore and M'Loughlin are the men that stopped me; Moore is the man that robbed me.

Were they armed? - I saw either a sword or a cutlass.

Which had that? - Moore.

What did they say to you? - They bid me stand and deliver my money; I gave a 5 s. piece.

There was no particular mark upon it? - No.

You are positive Moore and M'Loughlin are two of the men that stopped you? - Yes; Moore was the man that robbed me; they were taken in about five minutes after; Moore had a brown linen apron on.

Was you present at the taking of them? - I was in the field when they were taken.

There was a great alarm in the field? - Yes; I was not by when M'Loughlin was taken; I was close by when Moore was taken; he came walking up; he had his apron on.

Walking up by himself? - Yes; I saw nobody in company with him.

Was you sober? - Yes.

Who seized him? - I cannot say; when he was taken he said he was not the man that had done the robbery.

You are positive it was him? - Yes.

You know nothing of Dickinson? - I cannot say that I do; there were three of them, but I cannot say I should know his face again.

Were any of them standing at a distance? - I cannot say I saw them.

You was robbed at the same time the other people were? - Yes; I was going to get away and he came up to me.

You did not see the other people robbed? - No; I was within three or four yards distance of them when they were robbed.

JOHN CALTHORPE sworn.

I was in company with Page and the others at the time of the robbery on the 6th of October; John Moore came up to me.

Had he any arms or weapons? - Yes; a sword, or something like it.

Did you see Page robbed? - No; I am sure Moore is one of the persons ; he had a long apron on.

Do you remember any of the rest of them? - No.

How many did you see come up? - Three.

JOHN EDWARDS sworn.

Returning from Islington a little after seven o'clock, we were attacked by four men; Moore went from me directly to Mr. Page; what they took from him I cannot say.

How many went to Page, four? - No; there were but three at that time; Lorrison, I believe, kept at a distance.

Which of the persons did you see go towards Page at that time? - M'Loughlin, Moore, and Dickinson.

MOORE's DEFENCE.

I am innocent, if I was to die this moment.

M'LOUGHLIN's DEFENCE.

I did commit the robbery with two more; I said as soon as I was taken, that these men were innocent; I sent two of justice Wilmot's men after the men that committed the robbery.

ALL THREE GUILTY . Death .

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

JOSEPH LORRISON was a third time indicted for that he in a certain field and open place near the king's highway, in and upon John Curchen feloniously did make an assault, puting him in corporal fear and danger of his life, and stealing from his person 3 d. in money numbered, the property of the said John , October the 6th .

'There was no evidence given.'

NOT GUILTY .

He was a fourth time indicted for that he with others in a certain field and open place near the king's highway, in and upon Margaret the wife of John Curcher feloniously did make an assault, putting her in corporal fear and danger of her life, with intent from her person the monies of the said John to steal , October the 6th.

'There was no evidence given.'

NOT GUILTY .

He was a fifth time indicted for that he in a certain field and open place near the king's highway, in and upon Rachel the wife of John Edwards feloniously did make an assault, putting her in corporal fear and danger of her life, with intent the monies of the said John from her person to steal , October the 6th.

'There was no evidence given.'

NOT GUILTY .

790, 791. JOHN PINNICK and ELIZABETH SIMPSON were indicted, the first for stealing five ewe sheep, value 4 l. the property of Edward Newbank , September the 9th ; the other for receiving the above sheep, well knowing them to have been stolen .

EDWARD NEWBANK sworn.

I am a drover : on Monday the 9th of September, I had five sheep committed to my care; between seven and eight in the evening after the market was over, I left them in one of the pens in Smithfield and went to Islington; I never saw them after; they were marked in the face and on the side with a T; three of the skins were afterwards found.

THOMAS NEWMAN sworn.

I am hostler at the Ram in Smithfield: the sheep were left in the market; the clerk of the market saw them and desired me to lock them up in the yard, which I did.

What time of night did you lock them up? - Very near eight o'clock; about twenty minutes after that Pinnick came to me and asked if I had five sheep locked up? I told him I had; he asked me who had them locked up? I told him the clerk of the market; he asked what right we had to lock up his property? I told him I could not deliver them without an order from the clerk of the market; he went to the clerk of the market, who came and ordered me to deliver them; I did, and saw no more of them: I said he had better let them stay till morning; he said if he did, he should lose the job another time: it is usual to pay a halfpenny a piece for them when they are locked up; he gave me a penny, he had no more, and the clerk of the market paid the other three halfpence; I knew the prisoner before by using the market.

ROBERT ALLEN sworn.

I am clerk of the market: Pinnick came to me on Monday night and abused me for locking up these sheep; I thought they were his master's; they stood in his master's pens that he rented of me that day.

Who is his master? - A Mr. Lake; I went to the hostler and ordered him to deliver them; I paid the hostler three halfpence, he gave him a penny; I have known him some years; he is a drover in the market.

To NEWBANK. How came you to put the sheep in other people's pens? - All the sheep were out of these pens, and the pens where my sheep were before were cutting down, therefore I put them into the standing pens.

JOSEPH BOSTOCK sworn.

I had a warrant and took the prisoner on the Sunday following at the Coach and Horses in Turnmill-street; I was informed by a person, that there were two sheep skins in Gray's-Inn-kitchen, I went with Newbank to see them; he said they were his; we found another in Liquorpond-street in a chandler's shop that a woman had put up out of the street.

JOHN KEENE sworn.

I am a butcher: on Tuesday the 10th of September Elizabeth Simpson asked me if I could kill two sheep for her; my mistress said I might go if I would; I went to her house in Purpoole lane ; she had four sheep in a back-room, where there was a bed; I killed two of them in the yard, and she desired me to come and kill the other two on Thursday.

What was she? - She keeps a cook's shop; she used to buy a joint of meat of us now and then; I never killed any sheep for her before; while I was dressing them she told me her brother sent her them out of the country.

What did you do with the skins? - I left them in the place where I left the other alive.

In the bed-chamber? - Yes; I went and killed the other two on Thursday; she asked me to come on Saturday morning to cut them up; on Friday morning I heard she was taken up, so I did not go; I did not take any particular notice of the marks of the sheep.

FRANCIS TAYLOR sworn.

I am a butcher: on the 9th of September: Mrs. Simpson came to my master's house to know if I might go and dress her a sheep.

You don't live with Keene's master? - No; my master called me down stairs, and said I might go if I would: I went; she told me there were five sheep backwards, to kill the worst of them; I killed one, that was on Monday night, about a quarter before ten o'clock.

Did you take any notice of the skins? - No, none at all; she asked me what sort of sheep they were, how good they were; I said they were middling sort of sheep; she said she bought them of a drover, one Pinnick; she asked me what I thought she gave a piece; I said I did not know; she said half a guinea; that she had paid him a guinea, and was to pay the rest another time.

What might be the worth of them? - About nineteen shillings, or a pound a piece; she is a cook's shop woman, and sells meat about in a basket; I lived with her two years.

JOHN SMITH sworn.

I am a drover: Simpson told me she bought two sheep of Pinnick; that is all I know.

WILLIAM WHITTAKER sworn.

I am a drover: I went on Tuesday night to buy a pound of steaks, and saw Keene killing these two sheep and dressing them.

Did you hear the woman say any thing about them? - No.

PINNICK's DEFENCE.

I never sold the woman any: on Monday evening about six o'clock, I left five sheep in my pens, and went home to get some supper, when I returned they were gone; I heard there were five sheep at the Ram Inn; I went and asked for them; it was too dark to see them; I took them out and drove them away, and as I was driving them a drover met me and said they were his master's and took them from me.

SIMPSON's DEFENCE.

I bought these five sheep of a man in a smock frock, between five and six in the evening.

To TAYLOR. Were there any marks on the sheep? - I did not observe any.

Counsel for the prisoner. Did not the sheep appear to be very bad poor sheep? - No; pretty good.

'Simpson called four witnesses, who gave

'her a very good character.'

PINNICK GUILTY . Death .

SIMPSON GUILTY .

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

[Simpson: Imprisonment. See summary.]

792. ELIZABETH WEST was indicted for stealing four cornelian stones, value 5 s. a guinea, half a guinea, and 5 s. in money numbered , the property of John Wilson , October the 11th .

JOHN WILSON sworn.

I am a scalemaker : on Friday last, going up the stairs which leads to the first gallery of Covent-garden Theatre , after paying for my admittance, I saw a man that attends the box-keeper, who takes the tickets, take up half a guinea, and not supposing it to be mine I went into the gallery; I sat there about three or four minutes, and then found my right hand breeches-pocket turned inside out; I went to the man who took up the half guinea and told him my pocket was turned inside out, and I had lost a guinea, a half guinea, and four cornelians, and some silver; I told him I supposed that half guinea must belong to me; he immediately returned it to me; in about half an hour afterwards he came into the gallery and called out for the person that had lost the half guinea; Smallwood the constable was with him; they asked me what I had lost, I repeated to them my loss; I went to Sir John Fielding 's office; there was upon a table there about thirty-six shillings in silver, a guinea, and a white cornelian; I swore to the cornelian; I was asked particularly, why I knew it to be mine; I said by the colour of the clouds that was in it, and its being cut to a particular brass size that I had sent to the lapidary's; the size was sent for to the lapidary's, and the stone fitted it; I heard the prisoner say she had it in her pocket for three months.

Could your pocket have been turned inside out in that manner by any accident? - No; I buttoned it up before I went out of the house; I paid for my admission out of the other pocket.

Cross Examination.

You knew nothing of the prisoner before you saw her at Sir John Fielding 's? - No.

JOHN SOWERBY sworn.

I am a lapidary: I received three white cornelians on Thursday last to cut for Mr. Wilson; one of them was found upon the prisoner; I had sent it home on Friday, about three or four hours before Mr. Wilson had lost them; she was examined on Friday; on Saturday I was there and saw one of the stones there.

Can you be sure that that stone you saw at Sir John Fielding 's on Saturday, was one of those stones you sent home on Friday? - Very well; I knew it by the colour of the clouds and the size, and there was a piece slit off, which I have here.

Are those marks which enable you as a man of skill in your own business to know perfectly that stone again? - I should; the stone was too thick, it is usual to grind a stone down that is too thick, but my instruments were in order for it, and therefore I slit a piece off; here is the piece I slit off (producing it; the pieces matched exactly).

Cross Examination.

That is an operation that I suppose happens in the cutting of every thick stone? - Not very common; I had some work that was harder than this to do, and I slit them off; the general operation is to grind them down.

I suppose there are other cornelians that are of the same colour? - Certainly.

And as to the clouds, they are, I believe, in all cornelians? - Some make no appearance of any clouds.

The generality of cornelians have clouds? - In general they have.

And they are very similar? - They might to people that are no judges; but to people that are, they are very easily distinguished; I could pick this cornelian out of a thousand.

As to the size, I suppose that is a common size? - No; the prosecutrix is very particular in having them cut to this size; this is a very particular shape, and you see it fits the pattern it is made to go into exactly.

HENRY SMALLWOOD sworn.

I am a constable at Covent-garden Theatre: upon Friday between five and six o'clock I took Mrs. West upon the stairs of the two shilling gallery; when I laid hold of her, I said, you must come along with me; I suspected I should find something upon her; I took her down to the office and I searched her, and found upon her a guinea and about thirty-six shillings, and this stone; I put it all into my handkerchief, and laid it upon a table: justice Addington sat that evening; he bid me go down to the Theatre, and enquire whose pocket had been picked; I went, and called out, this gentleman came; I desired him to go down to the office; as soon as he saw the stone, he said, that was the stone, and that he had lost a guinea and a half; I found but one guinea upon her, and about thirty-six shillings in silver; she was asked how she came by that stone, she said she had had it about three months in her pocket.

Prisoner. When he asked me if the stone was mine, I had a stone in my pocket at the same time which he did not produce; I asked him to let me see the stone; he did not let me see it.

Smallwood. She said she had had this stone three months in her pocket; the lapidary was sent for, that was on Friday night, he was not at home then; upon Saturday she never said a word about any stone at all.

Prisoner. I told him I had a stone in my pocket, and if he would let me look at it, I would tell him whether that was the stone I had in my pocket.

Smallwood. She had no other stone.

PRISONER's DEFENCE.

I was going up the stairs; I saw the door-keeper Baker ; I picked up one cornelian stone; I looked at it; there was a woman coming down stairs ; the gallery was so full I could not get in; I was coming down to the pit; I had the stone in my hand; I saw a man before me pick up three stones and a half guinea; this fellow came up, and took hold of me, and asked me what I had found? I said, a cornelian seal, but he should not have it; he took me to Sir John Fielding's office; the woman is not here that saw me pick it up; for when I told her that I picked up the seal, he immediately seized her as well as me; I have no friends here; I only came from Sir John Fielding 's last night.

COURT. Is the man here that picked up the half guinea? Smallwood, No, he is not.

Jury to WILSON. Did you see the prisoner as you was going up stairs? - I believe she was the next person to me, there was another woman pushed very much to get past me; there was another woman with her that was somewhat taller; I rather pushed her back; and she went next to my wife, who was along with me; the tall woman laid hold of my coat about the breast to pull me back; and then the other woman laid hold of my wife's shoulder.

NOT GUILTY .

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

793. SAMUEL HOLLIS was indicted for stealing two hempen bags, value 2 s. and 300 wt. of cotton, value 9 l. the property of Cromwell Hatch , September 26th .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

794, 795. RICHARD BARBER and JOHN ANDERSON were indicted for stealing a mare, value 12 l. and a gelding, value 8 l. the property of George Walter , October 11th .

GEORGE WALTER sworn.

I am a farmer at Tunbridge : I lost a horse and mare on Thursday evening, October the tenth; they were taken from my field; I saw them in the field on Friday, they were missing on Thursday morning; they were stopped in Aldersgate-street on suspicion; I saw them at the livery stables there; I am positive they are mine.

JOHN REEVES sworn.

I am a stable-keeper: the two prisoners came into my yard on Friday morning, between nine and ten o'clock with the horse and mare; one rode the one, the other the other; they bid my hostler give them some hay and rub them down, and they would come again in an hour: I enquired of the hostler about them; I thought they did not look as if they came honestly by them; I was going out, but would not go till they came back; when they came, I asked where they were going? they said they were going to Hatfield, to sell the horse and mare to a gentleman there; that they belonged to a man who was in trouble; I asked them where they came from, they said, Epsom, in Surry; I said I thought one of them would do for me, and asked them what they would have for it, they said, ten guineas; at last I agreed for four guineas; I took them into the house with a pretence to pay them; then they said they found them in a lane at Tunbridge; I went out with a pretence to get change for a note, and got a constable.

Do you remember Walters coming to you? - Yes; I shewed him the horse and mare; he said they were his.

'The prisoners in their defence said, they

'went to Croydon on Wednesday the 10th

'of October; that as they were returning

'on the Friday, they met a farmer with

'the horse and mare, who said, he had lost

'all his money, and wanted to sell them, and

'they bought them for eight guineas.'

REEVES. They both said they found them in Tunbridge-lane.

BOTH GUILTY . Death .

Tried by the London Jury before Mr. RECORDER.

796. WILLIAM HORNBLOWER was indicted for stealing a reading glass in a tortoiseshell case, value 20 s. and a pair of hand-spectacles, value 10 s. the property of Benjamin Martin and Joshua Martin , September 26th .

'The evidence given upon the trial did not

'prove a felonious taking.'

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

797. DANIEL MARSHALL was indicted for stealing a gelding, value 10 l. the property of Robert Smith , August 23d .

'It appeared from the evidence to be a

'fraud, and not a felony.'

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

798. WILLIAM JOHNSON was indicted for stealing a bill of exchange, No 1982, for the payment of 100 l. to Thomas Retter , or order, subscribed Henry Gurney , directed to Barclay, Bevin, and Benning, Bankers in London , the said bill of exchange being the property of John Goakman , the money secured thereon being then due and unsatisfied to the said John, September 10th .

'There was no witness present who could

'prove the hand-writing of the indorser.'

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

He was a second time indicted for stealing a bill of exchange, No 18889, dated Norwich Bank, drawn by Allday and Kerrison of Norwich, on Sir Clarles Raymond, Bart. Vere, Lowe, and Fletcher, bankers in London, for 117 l. 3 s. payable one month after date to Andrew Chambers , Esquire, or order , the property of John Goakman , Sept. 9th .

'There was the same defect in the evidence

'as on the other trial.'

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

799. MARY HARRIS was indicted for stealing two half crowns , the property of Henry Poole , October 14th .

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

800. JOHN FRITH was indicted for stealing six crimson damask silk curtains, value 4 l. the property of the Right Honourable Hamilton Fleming , Earl of Wigtoun, August 1st .

2d Count. For stealing a silver table spoon, value 10 s. the property of the said Earl, September 4th .

'There was no evidence of the prisoner

'having stole the curtains; there was a silver

'spoon found pawned in the prisoner's name,

'but it could not be identified.'

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

801. THOMAS ROBERTS was indicted for stealing a silver mug, value 30 s . the property of John Lloyd , September 30th .

' The prisoner had a pint of beer in a silver

'mug at the prosecutor's, a public house;

'after the prisoner left the house, the mug was

'missed; the witnesses admitted that other

'people might have been in the room after the

'prisoner had left it; and the mug has never

'been traced.'

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

802. JOHN WOOD was indicted for stealing a cloth surtout-coat, value 5 s. the property of Edward Dawson Esquire , October 14th.

'The coat which was found upon the prisoner

'was stolen from behind the prosecutor's

'coach; the person said to have seen the prisoner

'steal it, was not produced.'

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

803. FRANCIS BURK, otherwise HARRIS , was indicted for burglariously breaking and entering the dwelling of John Shires , on the 11th of October , about the hour of seven in the night, and stealing eighteen yards of silk ribbon, value 13 s. and a child's cap, value 6 s. the property of the said John, in his dwelling-house .

JOHN SHIRES sworn.

I live at No 249, the third door from Temple-bar ; I am clerk to Nash, Edwards, and Beck, in Cheapside; a person came to me about eight o'clock in Cheapside to inform me the house was broke open; I know nothing of it myself.

What part of the house had been broke open? - The window; it appeared to have been broke open with a knife; my wife keeps a shop there; there was a piece of silk ribbon taken away, and a child's cap, which were in the window; I know them to be mine; there was no mark upon them.

[They were produced in Court and deposed to by the prosecutor.]

THOMAS HAM sworn.

I live next door to Mr. Shires: on the evening that this happened, as my man was shutting-up shop, he told me there were two young men at Mrs. Shires window, whom he thought were thieves; I watched them, and saw them go from the window; I went immediately to the window, and found it broke, and something hanging out of it; I followed the prisoner; I never lost sight of him; he threw the ribbon out of his hand; I took that up and secured him; this was between six and seven o'clock, it was just dark.

PRISONER's DEFENCE.

The gentleman knocked down another young man, who dropped the ribbon, he got away, and as I was coming along he laid hold of me; I am innocent of what he charges me with, as God is my Judge.

'The prisoner called two witnesses, who

'gave him a good character.'

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.]

804, 805, 806. JOHN COATS , JAMES GORDON , and CHARLES KELLY were indicted for privily stealing from the person of Thomas Carpenter without his knowledge, a pocket-book with a parchment cover, value 1 s. a bank note marked No K 200, dated London, the 19th of July 1776, value 10 l. signed by John Warren , for the governor and company of the bank of England, whereby he promised to pay to Mr. Thomas Hully , or bearer on demand 10 l.; one promissory note signed under the hand of the right honourable Ralph earl Verney, in the Kingdom of Ireland, bearing date the 19th of August 1776, 120 l. by which said note the said earl Verney did at three months date promise to pay Mr. Robert Chambers , or order, 120 l value received; one other promissory note signed under the hand of the said right honourable Ralph earl Verney, bearing date the 19th of June 1776, 150 l. by which said note the said Ralph earl Verney did at three months date promise to pay to the said Robert Chambers , or order, 150 l.; one other promissory note, signed under the hand of Edward Seymour , hearing date the 15th of August 1776, 74 l. 5 s.; one other promissory note signed under the hand of Henry Reynell , bearing date the 20th of May 1775, 40 l; and one other promissory note 15 l. drawn by one Thomas Rhudd , the said notes then being the property of the said Thomas Carpenter , and then due and unsatisfied to him, against the statute, September 23d .

ALL THREE NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

807, 808, 809. MAXFIELD BLACKMORE , WILLIAM RICHARDS , and JOSEPH BROWN , were indicted for stealing 21 s. 6 d. in monies numbered , the property of Richard Bowdler , October 9th.

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

ALL THREE NOT GUILTY .

810. ELIZABETH WILSON, otherwise THOMPSON , was indicted for stealing four guineas, one half guinea, and 4 s. in monies numbered , the property of Sarah Summerfield ; widow , May 31st .

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

811. MARY the wife of John RICHARDS was indicted for marrying a second husband, her former husband being then living , January.

'The prosecutor failed in the proof of the

'first marriage.'

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

812, 813. JOHN HARDING and THOMAS WARBURTON HARRISON were indicted for that they in the king's highway, in and upon Thomas Hall feloniously did make an assault, putting him in corporal fear and danger of his life, and stealing from his person 5 s. in monies numbered, the property of the said Thomas , January 2d .

THOMAS HALL Sworn.

On the 2d of January I was travelling in the Birmingham diligence with one Joseph Taylor , and a person I don't know: we were stopped a little below the Old Hats on the Uxbridge road by two highwaymen, one a remarkably tall raw-boned man, the other a little well-set man; the tall man had on a carman's frock; when they first attacked us I said to Taylor, be on your guard, here they are; he cried out, don't shoot, there are five or six of them; I turned and saw a pistol at my elbow; I presented my pistol to the mouth of it; the little man called out they have arms in the carriage, he is going to shoot you; on which his horse sprung from the carriage; then they came behind the carriage, and said, throw out your arms or we will shoot you; I did not care to part with my arms, but my pistol was thrown out by one of the other persons; then Harding came up with an oath, and said he had a good mind to blow our brains out; the driver said; don't shoot, pray don't shoot, there is no occasion to shoot now; they robbed the other two, and then Harding demanded my money; I bid him not be in a hurry, that I could not get at my pocket; I then gave him 5 s. in silver, he said there was only silver; I told him I had nothing else for him.

What sort of a night was it? - Moonlight; I had a great opportunity of looking at the prisoners while they were robbing the other persons; I am certain Harding the tall man was one; I had been in his company two or three times before, and had seen the horse he rode on, therefore I knew him; I have seen the horse in James-street, Kensington.

Are you able to swear Harding was one of the men that robbed you? - I am; I am not positive to the other, he was at too great a distance.

'On his Cross Examination he said, the

'robbery was on the 2d of January at near

'seven in the evening; that Harding had a

'handkerchief tied over the lower part of his

'face, and had on a cocked hat; that the

'transaction lasted about twenty minutes; that

'he saw his high cheek bones, heard his

'voice, and saw the horse he rode upon.'

JOHN HELEY Sworn.

On the 9th of September about six in the morning I was at the taking of the prisoners; they were apprehended in a house, which I was informed was Harding's, on Strand on the Green, which is between Chiswick and Kew Bridge ; Harrison was in bed in the left hand room, and Harding in the right hand room; in Harrison's room, underneath a hat I found this pistol loaded (producing it); I asked him before I found the pistol, who that hat belonged to? he said it belonged to a friend in the bed where he was; I found two small balls.

[The loading of the pistol and the balls were produced.]

HALL looks at the pistol. I believe this to be the pistol I had with me in the diligence when I was robbed: I have the fellow to it here (producing it).

Cross Examination.

This robbery was committed in January? - Yes.

You saw nothing of Harding till September? - I saw him once since at Tattershall's selling two horses; the engraver's name has been erased out of the pistol.

COURT. The name and place of abode was on the pistol?

Prosecutor. Yes, and is on the one I have produced; they are made to unlock each other; they are a key to each other.

How came you not to take him up when you saw him at Tattershall's? - I had rather he had fell into other hands: I said nothing to him.

JOHN CLARK Sworn .

I was at the apprehending of the prisoners at Strand on the Green: In Harding's fob I found a piece of lead with a string to it, and in the side pocket of his coat I found another piece of lead with a string to it, and two bags, one with ball, the other with powder, and three pistols in the closet of Harding's room.

HARDING's DEFENCE.

On the 2d of January I lay at St. Alban's in Hertfordshire: I was there from three o'clock till between nine and ten.

HARRISON's DEFENCE.

I went down by the advice of a friend to lie at Mr. Harding's house for my health; I know nothing of the pistols; they laid hold of my breeches; I said what they found on me was my own property, but what else they found in the room I knew nothing of.

'Harding called George Eggleton , a bricklayer,

' James Fray , a labourer, and Moses

'Edmunds, the landlord of the Red Lion

'at St. Alban's, who deposed, that they

'knew him, and that they remembered his

'being at the Red Lion at St. Alban's on

'the 2d of January from between four and

'five in the afternoon till nine at night; that

'they remembered the day because on the

'1st of January the landlord gives beef away,

'and he asked them to come the day after to

'eat some, and they went and spent the evening

'together, and that Harding was not out

'five minutes.'

'Harrison called four witnesses, who gave

'gave him a good character.'

HARDING GUILTY . Death .

HARRISON NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

814. HANNAH BOWRY was indicted for stealing two linen shirts, value 15 s. five pair of worsted stockings, value 5 s. four pair of cotton stockings, value 4 s. a silk bonnet, value 2 s. two linen aprons, value 2 s. two pair of stuff shoes, value 2 s. four linen handkerchiefs, value 2 s. four guineas, and 7 s. in money numbered, the property of Edmund M'Carty in his dwelling-house , July 6th .

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

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

815. DANIEL MARSHALL was indicted for stealing a gray gelding, value 5 l. the property of Thomas Joslen , August 23d .

'It appeared upon the evidence not to

'amount to a felony.'

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

816. JOHN BLINKHORN was indicted for stealing a silk gown, value 3 s. and a linen gown, value 2 s. the property of Sarah Longslow , widow , October 1st .

'Upon the production of the things by

'a pawnbroker, who received them of the

'prisoner, the prisoner said he pawned them

'by the direction of the prosecutrix; the

'prosecutrix said, if she did give him leave

'to pawn them she had forgot it.'

'Another witness deposed, that she said she

'would make it up for a guinea, and he had

'given her one to make it up.'

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

817. GEORGE CASTLETON was indicted for that he in a certain field and open place near the king's highway in and upon Sarah Pucknell feloniously did make an assault, putting her in corporal fear and danger of her life, and stealing from her person a linen pocket, value 1 d. two iron keys, value 1 d. and eight halfpence, the property of the said Sarah , October 13th .

'The evidence did not amount to a proof

'of a highway robbery.'

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

818. THOMAS HATTELL was indicted for stealing nine skanes of silk, value 9 l. 9 s. the property of William Hervey , in his dwelling house , September 17th .

'There was no evidence to affect the prisoner.'

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

819. JAMES NORTON was indicted for ripping and cutting with intent to steal, fifty pounds weight of lead, value 4 s. the property of Sir George Winn , Bart. fixed to his dwelling house , against the statute, October the 12th .

WILLIAM STUCHFIELD sworn.

I am servant to Sir George Winn : we heard a rattle for three nights following, which caused us to watch; upon Saturday night I saw the prisoner upon the top of the water closet and a great deal of lead ripped and rolled up, the prisoner was standing by it; he got down into the water closet and attempted to get though the hole, but he could not, it being too narrow; he was secured: I had seen the roof that day and there was no lead severed then.

PRISONER's DEFENCE.

I had a bundle of laths; I got up there that they might not meddle with me; I know nothing of the lead.

GUILTY .

Tried by the Second Middlesex Jury bfore Mr. RECORDER.

820, 821. ABRAHAM BAREW and JOSEPH BAREW were indicted for burglariously breaking and entering the dwelling house of Esther Moses , widow , on the 4th of February , and stealing three silk gowns, value 4 l. five linen gowns, value 15 s. three linen aprons, value 15 s. six linen handkerchiefs, value 12 s. three pair of linen shift sleeves, value 4 s. and two pair of linen ruffles, value 10 s. the property of the said Esther, in her dwelling house .

' The prosecutrix was called, but not appearing

'her recognizance was ordered to be

'estreated.'

BOTH NOT GUILTY .

822. PRUDENCE the wife of John WICKS was indicted for stealing a silk sacque and coat, value 20 s. and a linen waistcoat, value 2 s. the property of William Law , September 20th .

MARTHA LAW sworn.

I am the wife of William Law ; I lost the things mentioned in the indictment out of my house in Hosier-lane on the 20th of September, about five in the afternoon; they were in the kitchen; the prisoner came to look at a lodging; I missed them about two minutes after she was gone.

WILLIAM CORDEY sworn.

I am a pawnbroker: on the 20th of September the prosecutrix came to me and told me she had lost a sacque and coat, the prisoner came just after with a sacque and coat to pawn; I stopped her.

[They were produced in Court, and deposed to by the prosecutrix.]

PRISONER's DEFENCE.

She sent me to pawn the things and treated me with a glass of gin.

GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

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

Received sentence of death, 22.

Richard Barber , John Anderson , Richard Ridout , William Dover alias Thompson, Robert Smith , John Smitton , John Richardson , John Harding , John Alexander , John Lambert alias Tinkler, William Davis , Charles M'Loughlin , John Moore , William Dickinson , and John Pinnick . - John While alias Wild, Joseph While alias Wild, and Thomas Green alias Smart, to be drawn upon a hurdle to the place of execution.

To be branded and imprisoned one year, 2.

Mary Lambert , and Francis Burk alias Harris.

To be branded and imprisoned six months, 11.

Elizabeth Belson , Elizabeth Brockley , Ann Philips , Francis Benson , Elizabeth Green , Catherine Turner , Ann Rogers , Sarah Duck , Sarah Hall , William Lutwycher , and Henry Robins .

To be branded, 3.

Ann Potter , Joseph Brotherton , and Darby Carwick .

To be whipped and imprisoned three months, 1.

Edward Powell .

To be whipped and imprisoned one month, 1.

John Dowdall .

To be whipped, 2.

Henry Fossett , and James Brockley .

For the Navigation, three years, 4.

John Knowland , Charles Johnson , Patrick Mooney , and John Harmond .

To be imprisoned three years, 1.

Elizabeth Simpson .

Sentence respited, 1.

Patrick Knowland .