Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 25 April 2014), February 1778 (17780218).

Old Bailey Proceedings, 18th February 1778.

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO, The Gaol Delivery for the COUNTY of MIDDLESEX; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 18th of February, 1778, and the following Days;

Being the THIRD SESSION in the Mayoralty of The Right Honble Sir JAMES ESDAILE , LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY JOSEPH GURNEY , And Published by Authority.

NUMBER III. PART I.

LONDON:

Printed for JOSEPH GURNEY ( the PROPRIETOR) And Sold by M. GURNEY, No. 34, Bell-Yard, near Temple-Bar,

M. DCC. LXXVIII.

[PRICE SIX-PENCE.]

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 Sir JAMES ESDAILE , Knt. LORD MAYOR of the City of London; the Honourable Sir HENRY GOULD , Knt. one of the Justices of his Majesty's Court of Common Pleas; the Honourable Sir WILLIAM HENRY ASHHURST, Knt. one of the Justices of his Majesty's Court of King's Bench; the Honourable Sir RICHARD PERRYN , Knt. one of the Barons of his Majesty's Court of Exchequer; Mr. Serjeant GLYNN, Recorder; and others of 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.

Thomas Vanes ,

Thomas Whaley ,

Thomas Hooper ,

Humphery Jones ,

Alexander Kennedy ,

Ivon Lemain ,

Ricchard Cock ,

William Finch ,

William French ,

Samuel Goujon ,

John Brightwell ,

John Jennings .

First Middlesex Jury.

John Robertson ,

John Groom ,

Thomas Cubbitt ,

Edward Orgill ,

William Sparrow ,

Robert Hanbury ,

John Hayler ,

Southerton Roberts ,

Richmond Barker ,

George Baron ,

William Wilkinson ,

Thomas Joice .

Second Middlesex Jury.

John Williams ,

James Drawwater ,

Samuel Brown ,

John Bedell ,

Philip Woodham ,

William Grant ,

William Clark ,

James M'Donall ,

John Bacon ,

John Utterton ,

James George Snowden ,

Joseph Nourse .

207. THOMAS NELSON was indicted for stealing a linen sheet, value 5 s. the property of Thomas Evans , January the 30th .

THOMAS EVANS sworn.

I live in Glocester-court, Whitecross-street . I had a good deal of linen in a little parlour; it was near the window that looks into a court, which is a thoroughfare; a pane of glass was taken out of the window, and by that means they opened the casement, and stole the sheet. Mr. Moulton came and told me that a lad had stole a sheet out at my window; we pursued the prisoner, and took him with my sheet in his apron; there were two others with him who made their escape.

[The sheet was produced in court, and deposed to by the prosecutor.]

GEORGE MOULTON sworn.

I saw the prisoner pull the sheet out at the prosecutor's window, and put it into his apron; I informed Mr. Evans of it.

Thomas Williams confirmed the evidence of Thomas Evans and George Moulton .

PRISONER's DEFENCE.

I was not near the window. My father is dead, and I have nobody here; I am but 15 years old.

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

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

208. WILLIAM DAVIS was indicted for stealing a leather cloak-bag, value 10 s. six linen shirts, value 4 l. two cloth coats, value 4 l. two cloth waistcoats, value 30 s. two pair of cloth breeches, value 10 s. and two pair of leather, value 6 s. the property of Samuel Warren , February the 1st .

Mr. SAMUEL WARREN sworn.

On the first of February a portmanteau of mine, containing the cloaths mentioned in the indictment, was stole from behind Mr. Faden's carriage; I was on horseback before the carriage; Mr. Faden called to me, that the portmanteau was gone; I saw that the straps were cut; I rode back, and saw a man near the Whitehorse-cellar with this cloak-bag under his arm; I pursued him, and cried stop thief; he ran, and in crossing the way he fell down; he got up, and ran on, but was presently surrounded, and secured. I kept him in my sight from the time I laid hold of the cloak-bag till he was surrounded; I could not then see him, but heard he was secured; he was all over dirty, and I have no doubt but he is the person that had the cloak-bag.

Cross Examination.

Was the prisoner running or walking when you first saw him with the portmanteau? - He was walking with it under his arm.

Might not it drop from the carriage? - I saw it fastened with cords; the cords and straps were apparently cut.

PRISONER's DEFENCE.

I saw this portmanteau lying in the street; I put it under my arm, and walked gently with it till I came to the Whitehorse-cellar; there this gentleman rode up to me, and said, you have got my portmanteau; I threw it down, and I did run away to be sure; but I am innocent of cutting or stealing it.

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

Mr. Warren. I have heard a good character of the prisoner from his brother, and should be very glad that lenity may be shewn him.

NOT GUILTY .

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

209. JUDITH MORRIS was indicted for stealing a pewter gallon pot, value 3 s. the property of John Abbott , February the 2d .

JOHN ABBOTT sworn.

I keep the Buffalo, a public-house, at the corner of Newman-street, Oxford-road . On the 2d of February, in the evening, I heard beer slop near the door where we kept a gallon pot to put waste beer in; I went immediately to the door, and I took the prisoner at about two yards from the door with the gallon pot upon her; the excuse she made for taking it was that she was going to wash, and wanted something to fetch water in. I never saw her in my life before.

PRISONER's DEFENCE.

I am as innocent as the child that is unborn.

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

GUILTY of stealing to the value of 10 d .

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

[Branding. See summary.] [Imprisonment. See summary.]

210, 211. THOMAS FINCK and EDWARD LAKE were indicted, for that they on the King's highway, in and upon John Nash , feloniously did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a shilling, the property of the said John , February the 2d .

JOHN NASH sworn.

On Monday the 2d of February, Mr. Bowry and I went together in a returned chaise from London to Uxbridge. We were stopped upon Hillindon-heath ; it was then a little after five in the afternoon; two men came up on horseback; one of them, which was the prisoner Lake, came up to the side of the chaise I sat on; the other went to Mr. Bowry's side; my window was down; Lake said, halloa, Who is here? - I answered, What do you want? - Lake said, your money; I said, that you shall have. Then Lake put his hand into his great coat, and pulled out a pistol which he presented to me, and said, d - n your eyes, make haste; I gave him one shilling, which was all that I had about me; Lake said, I will be d - d if this will do, you have more; I said, if you think so, you are at liberty to search me. Then he asked me for my watch; I told him I never wore one. Then he demanded Mr. Bowry's money, which he gave him. Then he asked for Mr. Bowry's watch; Mr. Bowry told him he had a watch; Lake bid him hand it over to him, which Mr. Bowry did, and then they rode off.

Are you positive to the person of Lake? - I am; he is the very man that robbed us both; I knew him before; he lived with a baker at Pimlico, whom I served with flour; I recollected him when he took out his pistol and presented to me; it was quite light, and he had not any thing upon his face to disguise him.

FRANCIS BOWRY sworn.

I was in the chaise with Mr. Nash. We were stopped by two highwaymen; the man that robbed me of my money and watch was on Mr. Nash's side of the chaise; the man who came to my side of the chaise only stood as a guard; he did not speak a single word; I can't speak to the persons of either of the prisoners.

CHARLES JEALOUS sworn.

I am one of Sir John Fielding 's men. Information was laid at Sir John Fielding 's of two men getting off their horses at a house in St. Martins-street, near Hedge-lane; I went together with two other men to this house; a girl in that house informed us that the two men were gone from thence to the Black Prince in Chandos-street; we immediately went there; I went up stairs, and there I found Lake; I searched him, and in his pocket I found this watch.

[It was produced in court, and deposed to by Francis Bowry .]

Lake was in boots and spurs, which were exceedingly dirty. I took the other prisoner the next morning.

WILLIAM DAVIS sworn.

The prisoner Finck hired a chesnut-coloured horse, with a bald face, of me; I delivered it to him in Leicester-fields, on Saturday was fortnight; he had it again another day; he brought the horse home at about eight or nine o'clock on both days, and very cool.

- BARRET sworn.

Finck hired a mare of me; on Monday the 2d of this month, to go, as he said, to Brentford to see a relation.

As there was not any evidence to affect Finck, he was not put upon his defence.

LAKE's DEFENCE.

I am innocent of every thing that is laid to my charge: that watch was given me by an acquaintance to get cleaned about half an hour before I was taken up. I have no friends in town.

FINCK NOT GUILTY .

LAKE GUILTY Death .

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

THOMAS FINCK and EDWARD LAKE were indicted, for that they in the King's highway, in and upon Francis Bowry , feloniously did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a silver watch, value 40 s. a steel chain, value 2 d. and one shilling, the property of the said Francis , February the 2d .

The evidence was the same as upon the last trial.

FINCK NOT GUILTY .

LAKE GUILTY Death .

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

THOMAS FINCK and EDWARD LAKE were indicted, for that they in the King's highway, upon William Cock , feloniously did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a guinea, a half guinea, and 20 s. in monies, numbered, the property of the said William .

WILLIAM COCK sworn.

I was stopped in my cart by two men, at between six and seven o'clock in the evening, on Monday the 2d of this month, between the 11th and 12th mile stone on the Uxbridge road : they bid us stop; they d - d our eyes, and demanded our money; I gave them a guinea and half, and a handful of silver. Lake was one of the men; I gave my money not to Lake, but to the other man; he was not satisfied with that, upon which I gave him another handful. Lake threatened me all the while; they were on horseback, and each held a pistol in his hand, it was between dusk and candle light. I am positive to the prisoner Lake; I can't speak to the person of the other prisoner.

From Lake. What coloured cloaths had I on? - I can't be positive as to his cloaths; I did not take so much notice of them as of his face; I heard the next morning that they were taken.

MARY CLARK sworn.

I was with my husband when he was robbed; I am positive Lake is one of the men that robbed him. Lake held a pistol to my head; I can't swear to the other prisoner.

ANN PRIOR sworn.

I was with Mr. Cock when he was robbed; I can't swear to either of the men; I think Finck is one of them, but I can't take upon me to be positive.

CHARLES JEALOUS sworn.

I apprehended the prisoners.

From Lake. What coloured cloaths had I on when you apprehended me? - Brown; but there was a blue great coat, with brass buttons, hanging up in the house he first stopped at.

JOHN CLARKE sworn.

Two men came to my house, at Hanwell, on a Monday, in the beginning of this month; I believe one had a dark coloured great coat on; I can't be positive to the dress of the other, but I believe the inside coat was of a pompadour colour *.

* Lake had on a pompadour coloured coat at the time of his trial.

William Davis . I let a horse to Finck on Monday was fortnight.

- BARRET sworn.

Finck had a horse of me on Monday was fortnight, a brown mare, with a black mane and tail.

To the prosecutor. Did you take notice of the colour of the horses? - Lake was upon a chesnut horse, with a bald face; the other rode a bay horse, but I did not take much notice of that.

Finck was not put upon his defence.

LAKE's DEFENCE.

I leave it to the mercy of the Jury; it is the first time that I was ever before a court.

FINCK NOT GUILTY .

LAKE GUILTY Death .

212. NATHANIEL REYNOLDS was indicted for stealing a piece of silk and stuff; containing 20 yards, value 30 s. the property of William Shrigley , February the 3d .

WILLIAM SHRIGLEY sworn.

I am a silk-mercer in Bishopsgate-street . On Tuesday evening, at about six o'clock, while I was busy in my shop, I heard the cry of stop thief; I went out and followed the cry. The prisoner was taken in New-street, at about 20 rods beyond my door; I did not know at that time that I was robbed; I heard the people say the mercer's shop had been robbed; I brought the prisoner, and the person who took him to my house. The person that pursued him desired me to recollect if I had lost any thing; I could not then recollect that I had. The prisoner was taken to the Compter; in a little time my man and I recollected that we had lost a piece of silk and stuff; I have never recovered my property again.

JOHN GODDARD sworn.

As I was coming from Shoreditch, on the 3d of February, at a little after six o'clock, I saw the prisoner in the prosecutor's doorway, and there were two other lads, one on each side of the window; the door stood ajar; I saw the prisoner stoop down, and drag a piece of brown stuff off the counter; he was pursued, and taken soon after; I am certain he is the person. They went off on a sudden; I do not know what became of the stuff.

PRISONER's DEFENCE.

I am innocent of the charge.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Imprisonment. See summary.]

213, 214. ROBERT WILLIAMS and SARAH EDWARDS were indicted, the first for stealing a piece of printed linen cloth, containing 20 yards, value 35 s. the property of Barnard Stead , and the other for receiving the same well knowing it to have been stolen .

BOTH NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

215. STEPHEN PASCAN was indicted for stealing a bacon ham, 30 lb. wt. value 15 s. the property of Thomas King , January the 27th .

THOMAS KING sworn.

I am a cheesemonger . I lost a ham out of my window; I saw it about ten minutes before I missed it.

THOMAS DAY sworn.

I live opposite the prosecutor's; some ladies said there was a person stealing a ham; I ran out, and saw the prisoner take the ham out of the window; I laid hold of him, upon which he dropped it.

[The ham was produced in court by Richard Davison the constable to whom it was delivered, and was deposed to by the prosecutor.]

PRISONER's DEFENCE.

I never meddled with the ham; a gentleman laid hold of me, and charged me with it, and said he would hang me, if it was only for the sake of the 40 l. reward; I am but 14 years old; it is impossible that I should lift it.

Day. He has lived in the neighbourhood; I have known him from a child; he is about 18 years old.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Branding. See summary.] [Imprisonment. See summary.]

216. JOHN BAILEY was indicted for stealing ten pair of worsted stockings, value 10 s. the property of Robert Moffett , January the 30th .

ROBERT MOFFETT sworn.

I am a hosier . On Friday the 30th of January the prisoner came into my shop, under pretence of changing a pair of stockings he had bought the night before; I suspected he had no good design and watched him; I changed the stockings, and wrapped another pair up in a paper for him; there were some parcels on the counter; as I suspected him, I gave him an opportunity, and watched to see if he would take any thing; he took a parcel of stockings, and went out; I followed him, and found the parcel of stockings upon him.

PRISONER's DEFENCE.

I went in to change a pair of stockings; as I came out I found a parcel at the door; I took it up; the gentleman looked through the window, and saw me pick it up, and called to me to stop, which I did; and then he said I had stole it.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

217. SARAH HANCOCK was indicted for stealing six pewter quart pots, value 6 s. and six pewter pint pots, value 3 s. the property of John Scafford ; three pewter quart pots, value 6 s. three pewter pint pots, value 3 s. and a half-pint pot, value 6 d. the property of George Sandy , February the 9th .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

218. THOMAS EDWARDS was indicted for stealing seven pieces of silk ribbon containing 70 yards, value 30 s. the property of Thomas Butlin and Richard Adams , January the 31st .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

219. JOHN RICE was indicted for burglariously breaking and entering the dwelling-house of Henry Ashton , on the 18th of January , about the hour of seven in the night, with intent the goods of the said Henry feloniously to steal .

ELIZABETH ASHTON sworn.

I am the wife of of Henry Ashton . We live in Orange-court, Swallow-street, in the parish of St. James's . On Sunday night the 18th of January last, about half after six at night, I locked the door of my apartment. The house is let out in a variety of apartments to different lodgers; I locked the door, and took the key out of the door, and put it into my pocket, and went up stairs to drink tea with Mrs. Watts, who is a lodger in the house; a person, whose name is Underwood, brought a letter to Mrs. Watts; as Mrs. Watts was lighting him down stairs again, when she came near the bottom of the stairs, she called out to me, that my parlour door and my street door were open; I immediately came down stairs, and desired that if any body was found there, that they would secure them. The person who brought the letter took him in the middle of the room; he had not taken any thing.

From the prisoner. Whether you have not declared that you could not positively say that the door was locked? - To the best of my knowledge I locked the door; but I did say, I could not swear it till I had enquired of the smith whether there was, or not, a possibility, that if I turned the key in the door, it could happen that the door might not be locked; the smith said, it could not be that in so good a lock as that, the key could be turned in it, but the door must be locked; therefore from the best of my knowledge the door was locked.

MARY WATTS sworn.

I lodge in Mr. Ashton's house. As I was lighting a person down stairs last Monday was se'nnight in the evening, when I came within three stairs of the bottom, I saw that the door of Mrs. Ashton's parlour and the street door were open; I called and told her of it; Mrs. Ashton immediately called out, if any body is there, pray stop them; I went into the parlour, and saw the prisoner in the middle of the room; I called out, that there was a man there who did not belong to the house; then Mr. Underwood, who was at the door, came back, and we secured the prisoner. He refused to be searched till a constable came; then he was searched, and several pick-lock keys and a tinder-box, in which there was some lighted tinder, and a turn-screw were found upon him, and there was a wax-taper found in the room. The scutcheon upon the key hole of the door of this parlour was removed from its usual place as if done by violence. The prisoner did not make much resistance when he was taken, but he went down on his knees, and asked forgiveness of Mrs. Ashton.

Was it candle-light at that time? - It was.

David Miles , a constable, deposed that he was sent for to the prosecutor's house, at about seven o'clock, to take charge of the prisoner, that upon searching the prisoner, he found several pick-lock keys, a tin-box with lighted tinder in it, a flint and steel, a screw-driver, and a knife; and that there was a dirty bag in the room, which the prisoner said had been used to carry coals.

ROBERT UNDERWOOD sworn.

Upon Sunday the 18th of January last, I went with a letter to Mrs. Watts; as Mrs. Watts was lighting me down stairs again, she cried out, Mrs. Ashton, your parlour door is open, and here is a man here that does not belong to your house; I went back and saw the prisoner in the parlour, and Mrs. Watts have hold of his coat; I laid hold of the prisoner, and said he should not go till he gave a good account of himself; he then said, that he came to see for one Mrs. Smith: a laundress; afterwards, he said, he wanted one Mr. Williams.

To the prosecutor. Did any such person lodge at your house? - No.

Underwood. The prisoner was desired to empty his pockets, which he refused to do; he was searched when the constable came, and the things which have been produced were taken out of his pocket. There was a bag found in the room, but I did not hear any body say who it belonged to.

ELIZABETH HOWELL sworn.

I lodge in Mrs. Ashton's house; I was the last person with Mrs. Ashton in the room; I came out with her, and saw her turn the key in the lock; therefore to the best of my Judgment she looked it; I am sure that the door was shut.

PRISONER's DEFENCE.

I picked up this bag with a parcel of breeches and things in it; I went up to this house; a man stood at the door; I asked him whether Mrs. Smith lodged there; he said, he could not tell; I went into the passage, then another man came out; I went to the stair-foot; then Mrs. Watts came down, and called out to Mrs. Ashton, here is a man, and your door is open. Then the man laid hold of me, and asked me what business I had there? I told him. Then the bag was produced, and a man was taken to the watch-house, but they let him out next day upon bail, and he has not since been heard of; I was never in the parlour; I was only in the passage.

Court. Was any other person taken up?

Ashton. Yes; a man who was seen at the door was taken up on suspicion; there was nothing against him, and he was discharged.

GUILTY Death .

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

220. ELIZABETH BURLEIGH , spinster , was indicted for stealing a silver table spoon, value 10 s. the property of Robert Evans , January the 18th .

2d Count. For stealing a piece of fine gold, weighing 1 oz. 3 penny wts. and 18 grains , January the 23d .

ROBERT EVANS sworn.

I am a gold-beater , and live in Long Acre ; the prisoner was hired into my service as a nurse maid , on the 17th of January last. We missed a silver table spoon the next morning; we did not at that time suspect the prisoner, but on the 23d of January, in the evening, she absconded, and never afterwards returned. On the next day (the 24th) I missed a piece of gold; I had left a parcel of gold (contrary to my usual course) on the mantle-piece in my dining-room; the parcel contained 10 oz. in different pieces, but this piece was the largest in the parcel; with great difficulty I found out the prisoner; I charged her with this fact; she confessed she had stole the piece of gold from off the mantle-piece, and that it was at a pawnbroker's in Clare-market, who had stopped it; she refused to go to the pawnbroker's, but fell upon her knees, and begged I would forgive her. I afterwards found the gold at the pawnbroker's according to her directions.

Several pawnbrokers came to me, giving me an account of things which had been pawned with them by the prisoner, and among the rest this table spoon mentioned in the indictment.

[It was produced in court, and deposed to by he prosecutor.]

[The spoon was likewise produced in court, and deposed to by the prosecutor.]

A pawnbroker deposed, that he took the table spoon in pawn from the prisoner; and another pawnbroker deposed, that he stopped the piece of gold which was brought to his shop, by one Jane Murphey .

Jane Murphey deposed, that she received the piece of gold from the prisoner, and took it at her request to the pawnbroker's.

PRISONER's DEFENCE.

I found the piece of gold as I was sweeping down the stairs; I intended to carry the silver spoon back again.

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

GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

[Branding. See summary.] [Imprisonment. See summary.]

221. THOMAS OSBORNE was indicted, for that he in the King's highway, in and upon Teresia Barkham , spinster, feloniously did make an assault, putting her in corporal fear and danger of her life, and stealing from her person two guineas and two dollars in monies, numbered, the property of the said Teresia , February the 8th .

TERESIA BARKHAM sworn.

Last Sunday was a week, Mr. Atkinson and I were stopped, in a post-chaise, between three and four in the afternoon, upon the Edgware road . Two highwaymen came up to my side of the chaise first; then one came on each side; the person who was on my side, said, give me your money and watches, and be quick; I gave him two guineas and two dollars; as soon as I had given him that, they rode off; I cannot say whether the prisoner is the person.

Did you see any thing of them afterwards? - Yes; there was a chaise before us, which was coming towards us. The gentlemen who were in that chaise, suspecting they were highwaymen, got out as they rode towards that chaise, upon which they turned back again.

BENJAMIN ATKINSON sworn.

I was in a post-chaise with the prosecutrix; about three o'clock in the afternoon, upon the Edgware road, we were stopped by two men; Miss Barkham was robbed. The prisoner came first up to my side of the chaise; then he went to the other side where he demanded the money of Miss Barkham; he had a silk handkerchief tied across his face; I took notice of him as he passed the chaise, before he stopped us; he had not any thing over his face at that time; I suspected they were two highwaymen when they passed us; I said so to Miss Barkham; I recollected his face when he passed by.

You say you recollected his face; had you ever seen him before? - Yes; I had seen him several times about the streets of London, and had taken notice of him; I have seen him about with four or five men, who used to be suspected.

Did you see enough of him before he put the handkerchief on his face, to be sure as to his person? - Yes; and besides he dropped the silk handkerchief off from his face while he was committing the robbery; I am quite sure he is the man; they rode off towards a returned chaise which was coming up; four or five men jumped out of that chaise, and they then turned back, passed our chaise, and rode towards Edgware. The post boys took one horse out of our chaise, and another out of the other chaise, and pursued them.

WILLIAM TOPHAM sworn.

I drove the chaise Miss Barkham and Mr. Atkinson were in; two highwaymen passed the chaise, and soon turned about again; the one with a mask on, the other with a handkerchief tied round his face; one came up on each side of the chaise; he that had the mask on said, he would blow out my brains, if I looked back; a returned chaise was coming up; as the highwaymen were going towards that chaise, I called out stop thief; then they turned back, passed us, and went towards Edgware; the other post-boy got behind me, upon one of my horses, and we pursued the highwaymen for about a mile; then the other boy got off the horse, and I continued to pursue them. I never lost sight of them; particularly the prisoner, till such time as he got over into the fields. I overtook them in Hendon town; they galloped on as fast as they could; the man that made his escape rode amongst the country people, with two pistols in his hands, threatening to shoot them; at the same time the prisoner rode up to me, and shot me in the side with his pistol; saying, if I would not go back, he would blow my brains out; I pursued him further, half a mile; then the prisoner's horse failed, and he quitted him, and got over into the field; I still pursued him, and he was taken. At the time he shot at me his face was uncovered; and I then saw him distinctly, and am sure he is the man; after that, when he got over into the field, he was not above a minute out of my fight; he was dressed in a blue coat.

ALDERIDGE HAWKES sworn.

I drove the returned chaise. I drove up towards the other chaise; when the two men came, they rode about ten yards towards me; both their faces were uncovered; I plainly then discerned the prisoner; I am sure he was one of the men; and there were no other men on horseback there besides those two persons; they turned back; the other post-boy and I rode upon one of the horses for about a mile; then I alighted; the other boy rode on. A man coming up upon one of my horses, I mounted that, and immediately followed them; and I saw one of the men fire at the other boy. The prisoner had a blue coat with blue buttons on.

JOHN SADLER sworn.

I am a countryman, and live at Hendon; hearing a cry of highwaymen, I pursued, and took the prisoner in the fields; he had a blue furtout coat on. I likewise saw William Topham in the field when the prisoner was taken. I took two pistols from the prisoner's hands, and a powder-horn out of his pocket.

THOMAS DARWIN sworn.

I am a countryman. I saw the prisoner fire a pistol at the post-chaiseman; I pursued him, and took him, and found two pistols upon him.

DENNIS M'DONALD sworn.

I am a constable. I brought him up to town; I know nothing as to the fact.

PRISONER's DEFENCE.

I was taking a walk into the country; I went to Hendon; coming down the town, I saw two men riding a horseback; one threw his pistol away. These men followed me, and told me, if I did not stop, they would knock me down; I asked them the meaning of it; they said a robbery had been committed, and they thought I was the man; I immediately delivered the butt end of my pistol into their hands, and surrendered myself to them.

GUILTY , Death .

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

222. THOMAS SHERWOOD was indicted for feloniously and falsely making, forging and counterfeiting, and causing and procuring to be falsely made, forged and counterfeited, and willingly acting and assisting in the false making, forging and counterfeiting, a certain deed , with the names John Myonnet , D. D. and James French thereunto subscribed, purporting to be a letter of attorney, and to bear date the 3d day of April 1777, and to have been signed by one John Myonnet and one James French , and to have been sealed and delivered by the said John Myonnet and James French ; the tenor of which said false, forged and counterfeited deed is as followeth: that is to say,

"Know all men, by these presents, that

"we, the Reverend John Myonnet ,

"of Coney Court, Gray's-Inn, D. D.

"and the Reverend James French , of

"Bow, do make, constitute and appoint,

" Thomas Sherwood , of Houndsditch,

"draper, our true and lawful

"attorney, for us, in our names and

"on our behalf, to sell, assign and

"transfer, all, or any part, of seven

"hundred pounds; being all our joint-interest,

"or share, in the capital, or

"joint-stock, of 3 per cent. Annuities,

"erected by an Act of Parliament of

"the 25th year of the reign of his

"Majesty King George II . intitled,

"an Act for converting the several

"annuities therein mentioned into several

"joint-stocks of annuities, transferable

"at the Bank of England, to

"be charged on the Sinking Fund, and

"by several subsequent acts; also to

"receive the consideration money, and

"give a receipt, or receipts, for the

"same; and to do all lawful acts

"requisite for effecting the premises, " hereby ratifying and confirming all

"that our said attorney shall do therein

"by virtue hereof. In witness whereof,

"we have hereunto set our hands

"and seals, the 3d day of April, in

"the year of our Lord, one thousand

"seven hundred and seventy seven.

JOHN MYONNET , D.D. (L.S.) JAMES FRENCH , (L.S.)

"Signed, sealed and delivered (the

"paper being first duly stamped)

"in the presence of us

" Thomas Hewlett , Salesman, Houndsditch.

" Francis Sherwood , Salesman, Houndsditch."

with intention to defraud the Governor and Company of the Bank of England, against the Statute.

2d Count. For feloniously uttering and publishing, as true, the same forged deed, knowing the same to be false, forged and counterfeited, with the like intention against the Statute.

3d. Count. The same as the first, only laying it to be with intention to defraud the said John Myonnet and James French , against the Statute.

4th Count. The same as the second, with intention to defraud the said John Myonnet and James French , against the Statute.

5th Count. For feloniously forging, &c. as in the first Count, with intention to defraud James French , against the Statute.

6th Count. For feloniously uttering, &c. as in the second Count, with intention to defraud the said James French , against the the Statute.

7th Count. For feloniously forging, as in the first, third and fifth Counts, with intention to defraud William Watson , against the Statute.

8th Count. For feloniously uttering, &c. as in the second, fourth and sixth Counts, with intention to defraud the said William Watson , against the Statute, &c.

9th and 10th Counts. The same as the first and second count, with these additional words over the letter of attorney,

"Consolidated

"3 l. per cent. Annuities."

11th Count. For feloniously forging the same letter of attorney, purporting to be a letter of attorney from the said Dr. John Myonnet and James French to the said Thomas Sherwood , to sell, assign and transfer, all, or any part, of a certain transferable share, to wit, 700 l. transferable share of them, the said John Myonnet and James French , of and in a capital stock of annuities, established by certain Acts of Parliament (reciting the titles and dates of the said Acts of Parliament) against the Statute.

12th Count. The same as the eleventh, only calling it a certain share, omitting the word transferable, against the Statute.

[The indictment was opened by Mr. Silvester.]

Mr. WALLACE,

MAY it please your Lordship, and you, Gentlemen of the Jury, I am of counsel on the same side in support of this prosecution, against the prisoner at the bar Thomas Sherwood , who stands now charged before you with forging, or in assisting to forge and publishing, a false deed, purporting to be a letter of attorney to enable him, the prisoner, to transfer stock at the Bank, standing in the name of the Rev. Dr. John Myonnet and the Reverend Mr. James French , with an intention to defraud the Bank of England. There are other charges in the indictment, stating an intention to defraud different persons concerned in this transaction; and he is also charged, upon a special act of parliament, relative to the stocks - to the whole of which charges, the prisoner has pleaded that he is not guilty; and it will be for you, Gentlemen, upon the evidence which will be laid before you, to determine whether the prisoner is, or is not, guilty of this offence.

Gentlemen, I shall shortly state to you the circumstances of this case, and the evidence which we have to call, that you may the better apply it when you hear it from the witnesses.

The prisoner, Thomas Sherwood , was a woollen-draper and salesman in Houndsditch. He married the daughter of a Mr. Thomas Hewlett , who lived at Westham, in Essex. In the year 1768, Mr. Hewlett having agreed upon a marriage with a Mrs. Elizabeth Drathgate , and she being possessed of Consolidated Bank 3 per cent. Annuities, and of some property in other stocks, it was agreed, previous to the marriage, that her interest in these stocks should be settled upon certain trusts, and conveyed to Dr. Myonnet and Mr. French, as trustees.

Upon this agreement, Mrs. Drathgate, previous to her marriage with Mr. Hewlett, on the 4th of November, 1768, transferred to Dr. Myonnet and Mr. French, 700 l. Consolidated Bank 3 per cent. Annuities, and also 700 l. 3 per cent. Reduced Annuities.

This proposed marriage took effect; a letter of attorney was afterwards made out by the trustees to the prisoner at the bar, Thomas Sherwood , to enable him to receive the dividends, and to apply it for the trusts upon which it was vested in Dr. Myonnet and Mr. French. Mr. Hewlett died about three years ago, I believe, and Mrs. Hewlett continuing to be entitled under this trust, the prisoner received the dividends for her; and she did, I believe, to accommodate the prisoner, agree to sell out the Reduced Annuities, and upon this occasion Dr. Myonnet and Mr. French executed a letter of attorney to the prisoner, to enable him to sell the Reduced Annuities. Soon after this, Mr. Sherwood became a bankrupt; and some suspicions arising, that the Consolidated Bank Annuities had also been transferred, as well as the Reduced Annuities, Mr. French, who is a trustee, upon hearing that, applied at the Bank, and there he found that the Consolidated Bank Annuities had been transferred, for which there had been no letter of attorney given, as well as the Reduced Annuities, for which there had been a letter of attorney given.

Gentlemen, it appeared from the books, that the prisoner at the bar had transferred these Consolidated Annuities, under a pretence of being the attorney for Dr. Myonnet and Mr. French, and was authorized, by a letter of attorney from them, to transfer it; there was no doubt, nor, I believe, will be, that the letter of attorney was forged. If there is any doubt in the business, it will be whether the prisoner at the bar be the person concerned in that forgery, or in publishing the letter of attorney, knowing it to be forged.

Gentlemen, I shall now state to you the evidence against the prisoner with respect to this forgery:

The prisoner applied to a Mr. Nesbitt, a broker, to sell the stock under this forged letter of attorney. The stock was accordingly transferred, and the prisoner, as is usual, set his name as the person acting and authorized by this letter of attorney.

The two witnesses to this letter of attorney are described to be Thomas Hewlett , salesman, of Houndsditch, and Francis Sherwood , salesman, of Houndsditch. Upon enquiry for such persons, it was found that the names were real, that they had actually subscribed this letter of attorney, as attesting the execution of it. They are both relations to the prisoner at the bar; but it will be proved to you, that they were desired by the prisoner to set their names as witnesses to the letter of attorney, that neither of them saw it executed by either Dr. Myonnet or by Mr. French, that the prisoner brought it into his shop folded up, and desired them to set their names to it as witnesses. I believe the witnesses at that time did not conceive that they were doing any thing wrong, depending upon the credit and integrity of the prisoner that he would not do a thing which was improper, or desire them to do a thing which was improper. They set their names to it, not seeing it executed by Dr. Myonnet, or by Mr. French, and, in truth, at the time they subscribed their names to the letter of attorney, the name of Mr. French was not to it, but the name of Dr. Myonnet was; the execution of the letter of attorney by Dr. Myonnet alone would not have answered the purpose, for this stock being vested in two trustees, jointly, both of them must concur in an act to transfer it; they must either both concur in the very act of transferring, personally, or they must authorize an attorney to do it for them; one of them alone would not be sufficient. The name of Mr. French, however, appears with a seal to that name to this letter of attorney; and under this letter of attorney it will be proved to you, that the prisoner at the bar applied to sell, and actually did sell, this stock.

Gentlemen, this is the nature of the evidence that I have to lay before you, to prove the guilt of the prisoner in this transaction. The name of Doctor Myonnet , I am informed, has a resemblance to Doctor Myonnet 's usual manner of writing; but, I understand, that the name of Mr. French does not resemble his hand-writing at all.

I shall call the witnesses who will prove these facts which I have already stated to you, as proof against the prisoner of his guilt and his concern in this transaction. It will be for you to judge upon that evidence, whether you are satisfied that he is guilty of the charge; and if he be, you will discharge, of course, your duty in pronouncing him guilty.

JOHN STONEHOUSE sworn.

I am an accountant at the Bank.

Have you the book here containing the transfers of Consolidated 3 per cent. Bank Annuities? - This is the Transfer Book.

Refer to the 10th of November, 1768, and see if you have any transfer of stock upon that day to Dr. Myonnet and the Reverend Mr. French? - There is a transfer of 700 l. to John Myonnet , Doctor of Divinity, and the Reverend James French , signed Elizabeth Drathgate as the transferrer.

[The entry of the transfer, and of the acceptance of the said stock, by the Reverend Dr. Myonnet and the Reverend Mr. French, were read.]

SAMUEL NISBETT sworn.

You are a stock-broker, I believe? - I am.

Do you remember Mr. Sherwood's applying to you at any time about selling some 3 per cent. annuities? - Yes; the prisoner applied to me, on the 4th of April last, to sell 700 l. Bank Consolidated Annuities; he said, he acted by virtue of a power of attorney; I took the instructions from Mr. Sherwood. The names of the persons the stock stood in, were the Reverend John Myonnet , D. D. and the Reverend James French . I went with him to the Bank into the Rotunda, where that kind of business is done, and made a bargain there with a broker for the sale of the stock; it is always usual to make a register of these kind of things; I sold the stock to Mr. William Watson , who is a dealer in that way; the price was 78 3/8 per cent. and which amounted to 550 l. 7 s. 6 d. which sum I paid into the hands of Mr. Sherwood; I saw Mr. Sherwood make the transfer.

You saw him sign the transfer? - That is what I mean by make the transfer. (The witness read the transfer from the transfer book.) I saw him sign this, Witness my hand Thomas Sherwood , attorney. The witnesses to the transfer are Robert Payne and myself; Samuel Nesbitt , as broker.

Look at the letter of attorney. Did Mr. Sherwood, the prisoner, produce that? - He did, as the letter of attorney.

Is there any of Mr. Sherwood's writing in that? I fancy it is filled up by a clerk in the Bank? - It is: when instructions are given for a power of attorney I understand that the date is inserted at the time of the execution.

Look at the date; that is not the same hand as the filling up of the instrument? - I can't say; the demand to act under that letter of attorney is signed by Sherwood.

WILLIAM PIGG sworn.

Look at that letter of attorney. Are not you a subscribing witness to something written there? - I am.

What do you witness there? - The transferring of the 700 l. stock.

There is something printed? - Yes; I demand to act by this power of attorney 4th April, 1777, Thomas Sherwood .

Did you see that signed? - I did.

By whom? - A gentleman who wrote his name Thomas Sherwood .

Do you know the person who signed that? - I don't know the gentleman, but Mr. Nesbitt, as the broker, signified his knowledge to me; and, therefore, I subscribed it. Mr. Nesbitt was present when it was executed.

To Mr. Nesbitt. Who signed that Thomas Sherwood ? - The prisoner at the bar.

Counsel for the Prisoner.

Did you know the prisoner before? - I had no acquaintance with him; I knew him personally; I knew him to be a man of reputation in Houndsditch.

Counsel for the Crown.

Call the Rev. Mr. French.

Counsel for the Prisoner.

I object to the examination of Mr. French; he is an interested witness.

Counsel for the Crown.

We will prove then, that the Bank have replaced the stock; and therefore Mr. French is not at all interested.

Mr. ROBERT LEWIN sworn.

You are I believe secretary to the Bank? - I am.

Have you any order to transfer any stock to the names of Dr. Myonnet and the Reverend Mr. French? - I have; here is the minute-book of the Court of Directors. I will read the entry, if the Court pleases.

"At a Court of Directors, at the Bank,

"on Thursday the 15th of January, 1778,

"Mr. Governor acquainted the Court,

"that - ."

Counsel for the Prisoner.

I object to the reading of that minute, it being proposed to be read for the purpose of shewing, that Mr. French, whose name is affixed to this instruments, which they say is forged, is a disinterested witness and capable of proving it; and in order to render him a disinterested witness they would shew that the Court of Directors have replaced the stock, so that it is indifferent to Mr. French whether the instrument be valid or a forged one. Now, if the Court of Directors have done so, they have placed themselves in the situation of Mr. French, and the Bank are themselves interested in proving this a forged instrument; because, whether it be true or forged, upon that will depend whether they are or not capable of demanding a repayment of that money by Mr. French, or the person whose name this imports to be. Therefore as the Court of Directors are themselves interested in the question, consequently no minute made by them will be proper evidence.

Counsel for the Crown.

They state themselves liable to make good to Mr. French and Dr. Myonnet this stock which has been improperly transferred, and as they make an order to direct the stock to be transferred, so they act against their interest.

Court. The prisoner is trying for forgery. This evidence offered is tending to prove that the prisoner is guilty of the forgery; if he is found guilty of it, the Bank can never have the money back again; therefore so far from its being a matter in which they are interested, they are in the strongest degree proving against their own interest.

[The order read by Mr. Lewin, as followeth:]

"That the committee of Treasury

"have power to make good to the said Dr.

"Myonnet and the Reverend Mr. French,

"the said sum of 700 l. Consolidated three

"per cent. Annuities."

Counsel for the Crown.

We will now shew that that transfer has been made.

WILLIAM WARD sworn.

You are a witness to this transfer? - I saw it made by Burgess to Dr. Myonnet and Mr. French. [The transfer was read.]

JOHN SUTTON sworn.

I am a clerk in the Bank [refers to the book]; I saw Dr. Myonnet and Mr. French accept the transfer of this stock.

Cross examination.

Did you know them both? - No, neither of them.

Counsel for the Crown.

My Lord, we will now examine the Reverend James French .

Counsel for the Prisoner.

I submit to the court, that the Reverend Mr. French cannot be admitted to give evidence, till the Counsel for the Crown have proved the acceptance of the stock by Dr. Myonnet; Mr. French's acceptance of the stock, is not, I conceive, a sufficient discharge to him; as there is another trustee, the transfer is not proved to be complete.

Would, or not, this acceptance of the tranfers by Mr. French, supposing Dr. Myonnet had not accepted it at all, have entitled him to receive the dividend? - It would not.

Mr. JOHN FRENCH sworn.

I was present when Dr. Myonnet signed that acceptance of the stock.

Cross Examination.

Do you know Dr. Myonnet personally? - I do.

At the time when the transfer is supposed to be accepted by him, what was the state of his mental faculties? - I cannot take upon me to say that; sometimes he would talk very sensibly, at other times, I must confess he varied.

Was he really of found understanding at the time, and knew what he was doing? - At the time he accepted that stock, he seemed to be sensible of what he was doing.

The Rev. Mr. JAMES FRENCH sworn.

Is the name James French annexed as a party to that instrument [the letter of attorney] your hand-writing? - It is not.

Did you ever execute, seal, and deliver that instrument as your deed? - I never did.

Cross Examination.

You are acquainted with Dr. Myonnet? - I am.

I presume you have seen Dr. Myonnet write? - I have.

Is that name his hand-writing? - I cannot pretend to say whether it is or not.

Have you any reason to believe about it? - It is certainly like his manner of writing.

Have you no better reason to believe than that? - I cannot pretend to say whether it is or not.

But do you believe it to be his? - It is very like it.

Do you believe it to be his hand-writing? - I should rather incline to think it is his hand-writing by the manner of it.

Do you believe it is? - I cannot pretend to say that it is, or is not. If I had been shewn this instrument, and asked my opinion whether it was Dr. Myonnet's or not, I believe I should have thought that it was.

Counsel for the Prisoner.

To Mr. John French . Do you know Dr. Myonnet's hand-writing? - I saw him write once, but I am not a sufficient judge of his hand-writing to say.

Counsel for the Crown.

Do you believe the name James French to the letter of attorney is your brother's handwriting? - It is not a similitude to his hand-writing.

RICHARD STACY sworn.

Do you know the Reverend Mr. James French 's hand-writing? - Very well.

Is the name James French subscribed to that letter of a ttorney, his hand? - It is not the least like it.

Do you know Dr. Myonnet? - Yes; but I don't know his hand-writing.

Look at the name James French to the transfer, on the 17th of March, in the transfer book. Is that in the usual way of his signing his name? - This is the usual way of his signing his name; I am well acquainted with his hand-writing.

Counsel for the Prisoner.

To the Rev. Mr. James French . Pray what character does Mr. Sherwood bear? - He always bore a very good character; I never heard a disrespectful word said of him, till this unfortunate affair; I thought him a very honest worthy man.

THOMAS HEWLETT sworn.

Counsel for the Crown.

Look at that instrument. [The letter of attorney.] Is that Thomas Hewlett your name? - It is.

Is that your hand-writing? - It is.

Did you see Dr. Myonnet, or Mr. French, execute that instrument? - Neither of them.

How came you to put your name as a witness to it? - I always took Mr. Sherwood to be an honest man; I never thought that he would bring me an instrument to sign, which would be either an injury to me or himself.

Did he bring that instrument to you? - Yes; he asked me to put my name to it; he came out of the parlour with it to me, as I was standing at the shop door.

Counsel for the Prisoner.

I would submit to the Court, whether it is competent for a person, who has subscribed his name as a witness to the execution of an instrument, to prove that he did not see that instrument executed.

Court. It was received in the case of Dr. Dodd; it will only go to the witness's credit.

You said, the prisoner came out of the parlour with the instrument in his hand? - I think he had it in his hand; when he opened the parlour door, he called me, as he usually did, Tommy, sign this; and, I think, to the best of my remembrance, he gave me a pen, but I cannot be punctual whether he did or no; he told me where to sign it; I wrote Thomas Hewlett ; then he bid me write, salesman, Houndsditch.

Was the name James French to it when you signed it? - I don't remember seeing it.

Mr. French was not there, nor Doctor Myonnet ? - No; neither of them.

Counsel for the Prisoner.

To the Reverend Mr. French. Was there not an instance, I believe it was with respect to the reduced annuities, where you, as well as Doctor Myonnet , did sign the like authority with that which is now in question, without there being any subscribing witnesses to it at all, and left it to Mr. Sherwood to obtain subscriptions to it by witnesses afterwards? - Where there was no design of fraud; I will not pretend to say, but, I think, there were subscribing witnesses; but I will not take upon me to say positively.

Counsel for the Crown.

To Thomas Hewlett . Have you been long acquainted with the prisoner? - Yes; fifteen years.

Have you seen him write frequently? - I have.

Is the date to that letter of attorney, 3d April, his hand-writing? - I can't positively say that it is his hand-writing.

FRANCIS SHERWOOD sworn.

Is the name Francis Sherwood to this instrument (the letter of attorney) your handwriting? - I believe it is.

Have you any doubt that it is your writing? - No; I have no doubt at all.

How came you to put your name to that paper? - I was desired by the prisoner to put my name thereto.

Did you see Dr. Myonnet, or Mr. French, execute that instrument? - I know no further than writing my name; I observed nothing at all upon the paper but writing my name.

Were either Doctor Myonnet , or Mr. French, there? - Not that I can recollect.

Where was this? - At the back part of Mr. Sherwood's counter.

You was, I believe, in Mr. Sherwood's service? - Yes; a shopman.

Was the name James French there? - I don't recollect any name, nor nothing, no further than writing my own name.

You are a relation to the prisoner? - I am.

You are of course acquainted with his hand-writing. Will you look at 3d April upon that instrument; whose hand-writing do you take that to be? - I believe that might be Mr. Sherwood's.

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

Do you believe that 3d April to be his? - I believe, to the best of my judgment, that might be his hand-writing.

[The letter of attorney read.]

Court. Prisoner at the bar, the evidence being now closed for the prosecution, do you wish to say any thing in your defence?

Prisoner. I leave it to my counsel.

Court. You will understand that your counsel cannot do any thing farther for you, than call your witnesses. Therefore if you would say any thing in your own defence, you are at liberty to say it.

Prisoner. I refer it to my counsel.

Counsel for the Prisoner.

I wish Mr. Sherwood to be informed, that the counsel cannot speak for him. If Mr. Sherwood will urge what he has to say for himself, if that furnishes a hint for his counsel, they will pursue it.

Prisoner. The power of attorney for selling 700 l. Three per cent. Reduced Annuities, was signed by Mr. French, at a butcher's shop in White-Chapel; there was nobody present but him and me, at the time he signed that; upon reading it over he said,

"this

"should be witnessed at the time of signing;" I told him, I supposed that was nothing but matter of form; I would get it signed; he said nothing more, and departed.

Counsel for the Prisoner.

I have witnesses to prove, which is already very clearly proved; namely, his undoubted good character; the Court are in possession of that by the evidence of Mr. French; whether that is proved by one or ten thousand witnesses makes no difference at all. There is another thing which I would shortly submit to the court; we have some evidence, that this is the hand-writing of Dr. Myonnet. Dr. Myonnet, the counsel on the other side, are pleased to say is in an infirm state of health; I believe he is not so very infirm; I should be glad if the counsel will tell me whether Dr. Myonnet is here, or not?

Counsel for the Crown.

Dr. Myonnet is near at hand, but he is of a very great age.

Counsel for the Prisoner.

He is a very old man, and is very apt to forget; supposing this is the hand-writing of Dr. Myonnet, but not the hand-writing of Mr. French, so that it is not Mr. French's deed; whether this being described in the indictment as the deed of both, can be truly said to be so, or not; it is a counterfeit deed, quoad Mr. French, but not a counterfeit deed, quoad Dr. Myonnet. I believe there is no count in the indictment, shaped to that particular case.

Counsel for the Crown.

There is a count in the indictment to answer that objection.

Court. Both the witnesses have said, that Dr. Myonnet was not present at the time they subscribed the letter of attorney.

Counsel for the Prisoner.

It is too common a thing, I believe, to obtain a subscribing witness after the party has signed a letter of attorney; it is frequently done in this way; it is not commonly understood, that two witnesses are necessary. A gentleman has signed a letter of attorney, in order to have some stock transferred, and has subscribed it in the presence of only one witness, thinking that sufficient. Afterwards the broker finding two necessary, he does not care who signs it afterwards; that is a very common, but a very improper practice; but it is not less his deed; the deed is complete before it is subscribed by any witness; therefore, supposing this to be the deed of Dr. Myonnet, the question is, whether the deed as described in the indictment can be said to be forged.

Court. The charge is for counterfeiting this warrant of attorney, purporting to be the warrant of Dr. Myonnet and Mr. French; now allowing that Dr. Myonnet did execute that deed, yet, if it be necessary for the transferring the stock, that Mr. French should likewise have signed and sealed that deed, and if he did not, then the deed is forged.

Mr. Justice Ashhurst summed up the evidence to the Jury, who after having withdrawn for a short time, pronounced the prisoner.

GUILTY of uttering and publishing the letter of attorney, knowing it to be forged , Death .

Tried by the London Jury before Mr. Justice ASHHURST.

223, 224. THOMAS TICKNER and THOMAS ADAMS were indicted, for that they on purpose of their malice aforethought, and by lying in wait, unlawfully, and feloniously, did make an assault on William Jacobb ; and that the said Thomas Tickner with a bill-hook made of iron and wood, on purpose, of his malice, unlawfully and feloniously did slit the nose of the said William Jacobb , with intention in so doing to maim and disfigure the said William Jacobb in the manner beforementioned; and that the said Thomas Adams knowing of, and being privy to, the felony aforesaid, unlawfully and feloniously, and, on purpose, of his malice, &c. was present, aiding and abetting, the said Thomas Tickner to commit the said felony .

2d Count. The same as the first, only charging the assault to have been made with a weapon and instrument, to the Jurors, as yet unknown.

WILLIAM JACOBB sworn.

I am servant to Mr. Cole at Twickenham ; I know both the prisoners; they live in the way to Whitham, at about a quarter of a mile from my master's house; I went, on the 16th of January , at about twelve o'clock at night, to a turnep-field of my master's, to see if any body was pulling the turneps up, as a great many turneps had been stole before; when I got to the turnep-field, I saw Tickner pulling up the turneps.

Did you know Tickner's person? - Yes; I went up to him and spoke to him, but I don't remember what I said; he struck me so soon that I had not time to say any thing.

Where did he strike you, and with what instrument? - I can't tell; it was something fixed on wood which cut me.

Could you discern whether it shone? - No; I judge from the fling of it, it seemed to be fixed into a stick; it hung loose, and hit hard; it was not a long bill, but something loose, I think, came round my head, and it seemed to me to be tied to a stick, like a flail; the first blow fell upon my nose, the next on my head.

Did you discover any body else in the field? - I did not see any body else to my knowledge.

When you received the second blow, what became of him? - I don't know; I was knocked down; I received several blows after I was down.

Was you sensible of having received several blows on the ground? - Yes; but I suppose that I lay some time on the ground senseless.

Did you either see, or hear, any person besides the prisoner Tickner? - I thought I heard somebody else when I was down; but I was not rightly sensible; but I am not sure whether I saw any other man or no.

How long do you suppose that you lay upon the ground? - I suppose about ten minutes; I got up; I saw no more of Tickner; I went home and called up a servant, and I was sent to the Hospital.

What sort of a night was it? - A very light night; I saw Tickner very plain; Tickner was a hired servant to Adams; he lived with him as a part of his family.

SARAH REASON sworn.

Did you live servant with Adams in January last? - Yes; Tickner lived there too.

Do you remember where they were on the night of the 16th of January? - Upon Friday night, my mistress and I went to bed at about ten o'clock, and left both the prisoners by the fire.

Did you hear in the morning of Jacobb's having been hurt the night before? - Yes;

Do you know what became of the prisoners that night? - No; but my master called to me in the night, and bid me call him up in the morning; I did not know what time that was.

Mr. JAMES HUNTER sworn.

You are, I believe, one of the surgeons of St. George's Hospital? - Yes; Jacobb: was brought to the Hospital on the 17th of January; I was not present when he came; I examined his person, and found a small superficial wound upon the right side of his nose; he had a very large wound upon his neck immediately under the lower jaw; he had eight wounds on the top of his head.

Do you mean cuts by wounds? - Yes; and one upon his hand, and a small one also in the right brow; I think three were all.

What instruments, in your judgement, do you think these wounds were caused by? - I think by a sharp instrument.

Court. What sort of a wound was that upon the nose, did it slit the nose? - No; it divided the exteguments of the nose; it did not go through the bones of the nose; it was of an oblique direction.

Court. How far did it penetrate? - It did not go through; there is very little but the skin covers the bones of the nose; it went to the bone.

Court. Do you call it a cut, or a scratch? - It was a cut.

Court. Did it penetrate through the skin so as to cut the flesh? - I here is hardly any thing but skin; it went through the skin.

Did it reach the bone? - I think it might.

Is it such a wound as will leave any mark? - I think the cicatrix will not be seen in a little time; the cicatrix is scarcely to be seen now; I don't understand it to be a slit of the nose; it was lacerated.

One of the Jury. I can very plainly see a mark on the nose.

Court. How long do you suppose it will be before that wound is so healed as not to be visible? - There was a month elapsed last Saturday; I suppose that in a fortnight, or a month, it will not be visible; I can't well say what time it will take to obliterate the mark.

Will the mark ever be erased during the man's life time? - I can't say; there may be some little mark of it discovered upon a close examination.

TICKNER's DEFENCE.

I have nothing to say; I have only my mother here.

Adams was not put upon his defence.

For Tickner.

MARY TICKNER sworn.

I am the mother of the prisoner, Tickner; he never lived with any other person but Adams; he has lived with Adams about three years; I live at a village in Surry, near Riply; I can't remember how old he is, without going to the minister for the register; he is something turned of eighteen; I believe he behaved very well; he did live with a farmer at Riply, and behaved very well; I was sorry when we took him away, to put him to this place; I saw very little of him while he lived with Adams; he did not come near me but two or three times while he was there; I am seldom at home; I go out a chairing.

TICKNER, GUILTY , Death .

ADAMS, NOT GUILTY .

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

THOMAS ADAMS was indicted for stealing a live tame fallow deer, value 5 l. the property of Stephen Cole , the younger , Esq ;

GEORGE COWSELL sworn.

I am sixteen years old. I live servant with Mr. Cole, at Twickenham; my master had a couple of tame deer; he brought up one, and he bought another; they used to be kept in the barn-yard; that which was bought would have been two years old next June; they were both of an age; they were very tame. The buck would come and rub his head against any body; the doe was shy to strangers. They were left out in the barn-yard on Christmas-eve; the next morning the buck was missing. There are pails round the yard; I saw them in the yard that evening; sometimes we locked them up of a night. When we missed the buck; we found a great deal of blood at one end of the barn-yard; and there was hair and blood upon the wall where it had been taken over.

Describe the buck? - He had a dumpty horn; and he had torn his car; and the shepherd cut it half off; it was of a brown colour. The prisoner lived about a quarter of a mile from my master's.

SARAH REASON sworn.

I lived with the prisoner; upon Christmas-eve Adams and Tickner came home together, between twelve and one at night; upon opening the door, I saw a dead deer lying at the door; it had been stuck; its throat was cut; it had but one horn; they brought it into the house, and both of them skinned it; they kept all the flesh for their own eating, except one haunch, which my mistress carried for a present to London. The skin and the head (except a bit which was given to a dog) were buried in the garden.

JOHN BARNETT sworn.

I am a workman for the prosecutor. I was ordered to dig in the prisoner's garden for the skin of the deer. Sarah Reason shewed me where to dig; I found a skin, four legs and the head.

[They were produced in court, and the witness deposed that they were the head and skin of the prosecutor's deer.]

PRISONER's DEFENCE.

This deer struck my man on the ribbs; he told me of it; we looked over the wall, and the deer ran at him again; he said, he wished I would kill it; I struck it across the throat with my knife, and it lay some time on the ground. After I had killed it; I could not tell what to do with it. Tickner took it up, and carried it to my house, and threw it down at the door. The servant maid came, and asked what we had got, I thought it was a pity after it was dead to let it lie, so we carried it in, and skinned it; and we put the skin under ground.

NOT GUILTY .

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

225. JOSEPH HUGHES was indicted for stealing a quart pewter pot, value 18 d. three pint pewter pots, value 3 s. the property of George Ballard , January the 27th .

GEORGE BALLARD sworn.

I keep the Chequers, a public-house, in Duke-street, Westminster . I sent out two servants to collect in my pots; the pots mentioned in the indictment were taken away with a strap they were upon.

[The pots were produced in court, and deposed to by the prosecutor.]

CHARLES GOODLUCK sworn.

Isaac Hawes was gathering in the pots of Mr. Barkhouse; having more than he could carry, he laid them down under a window, and desired me to look after them; I saw the prisoner run away with the pots; I pursued, and took him, and brought him into the public-house; I found the prosecutor's pots in his apron; it was in the dusk, about five or six o'clock, I believe.

ISAAC HAWES sworn.

I am servant to Mr. Barkhouse; the prisoner took the pots I had laid down; we pursued him, and found the pots mentioned in the indictment upon him.

PRISONER's DEFENCE.

A woman fell down as she was crossing the street; I went to help her up; she had the strap and pots in her hand; I took the pots from her, and held them up to the lamp to see whose they were, but could not, and then they took hold of me.

GUILTY .

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

[Imprisonment. See summary.]

226. SAMUEL BULLOCK was indicted for stealing two pieces of Irish linen cloth , the property of William Williams , Feb. the 8th .

NOT GUILTY .

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

227. EBENEZER BARKER was indicted for stealing a man's hat and a woman's beaver hat , the property of Mark Gibbs .

MARK GIBBS sworn.

I am a hatter in South Moulton-Street . On Friday last, between two and three o'clock, I lost a man's hat and a woman's beaver hat.

WILLIAM FLOOD sworn.

I am a silk dyer in Clare-market; I had been on an errand to Oxford-road; at the end of South Moulton-street, I saw the prisoner come out of a shop with something under his coat; there were two others looking down the street; I suspected the prisoner, and followed him into the Hog in the Pound, a public house at the end of the street; I asked him what he had under his arm; he said nothing, and threw down some hats; a brewer's servant took them up; we took them to the prosecutor's; he said they were his property; the brewer's servant is not here.

[The hats were produced in court and deposed to by the prosecutor.]

PRISONER's DEFENCE.

I am not guilty.

GUILTY B .

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

[Imprisonment. See summary.]

228. ROBERT HARDING was indicted, for that he in the King's highway, in and upon Margaret the wife of Edward Edwards did make an assault, putting her in corporal fear and danger of her life, and stealing from her person, and against her will, two linen ruffled shirts, value 5 s. three other linen shirts, value 6 s. five linen stocks, value 2 s. 6 d. two white linen handkerchiefs, value 6 d. four silk handkerchiefs, value 2 s. two pair of silk stockings, value 3 s. two pair of worsted stockings, value 2 s. and a pair of white cotton stockings, value 1 s. the property of the said Edward , January the 22d .

MARGARET EDWARDS sworn.

I live at Ogle-street, Mary-le-bone. I was robbed of a bundle of linen, in Portland-street, near Carnaby-market , upon the 22d January, about eight at night; as I was crossing the street, the prisoner pulled the bundle, containing the things mentioned in the indictment, from under my arm; I did not know him before, but as soon as he had done this, he ran away; I ran after him, and called stop thief; he was never out of my sight till after he was taken; he had not the things when he was taken; but I saw them in his hand some time after he took them from me; they were afterwards found at about six doors from the place where he took them from me, and at about three doors from the place where he was taken. The bundle contained the things mentioned in the indictment [repeating them], which I had to wash; he was stopped, and carried to the Justice.

JOHN - sworn.

As I was coming out of the stable-yard, I heard Mrs. Edwards call out stop thief; I saw the prisoner and another man running on the opposite side of the street; some other person threw the prisoner down; I laid hold of him, and kept him till Mrs. Edwards came up, which was in two minutes; she was in sight when he was taken; she said that was the person; I saw nothing upon him.

HENRY - sworn.

On the 22d January, about eight o'clock, I heard the cry of stop thief; I took my hat and ran out; when I came to the end of the street, I saw the prisoner stopped there, and Mrs. Edwards by him; I asked if the prisoner was the man who took the things; she said he was. I saw nothing then upon him; I went to a neighbouring magistrate, after that to Justice Welch's. I then went home, but as I went back, I saw in the place where the boy was stopped a taller man idling about there; I thought this might be one of his accomplices looking for the things; seeing nothing there, I thought they might be thrown into some of the areas; I desired the people to look there, and at the fourth house from the place she said she was robbed at, the bundle was found down the area. I afterwards carried, the bundle to Justice Gretton's where Mr. Edwards was going, as Justice Welch was not at home; there the bundle was examined, and delivered again to me. I have had it in my custody ever since.

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

PRISONER's DEFENCE.

I am not the person who stole the things; I was passing at the time.

GUILTY Death .

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

[The prisoner was recommended by the Jury to his Majesty's mercy.]

229. WILLIAM BOLTON was indicted for stealing a watch, the inside case made of metal, gilt with gold, and an outside shagreen case, value 20 s. a stone seal, set in base metal, value 18 d. a base metal watch key, value 1 d. and a steel watch-hook, value 2 d. the property of John Row , Feb. the 13th .

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

230. BENJAMIN DARE was indicted, for that he in the King's highway, in and upon Edward Lucas , feloniously did make an assault, putting him in corporal fear and danger of his life, and stealing from his person, and against his will, three guineas in monies, numbered, the property of the said Edward , December the 9th .

EDWARD LUCAS sworn.

On Tuesday, December the 9th, I was robbed on the Acton road, near Shepherd's-Bush ; I was coming home at about seven o'clock in the evening; I met a stage at Acton-Bottom, and two men on horseback riding after it; I passed them; when I came to Shepherd's-Bush, I heard somebody coming very fast after me on horseback; I was in a one horse chaise; I turned my head, and saw the prisoner; he then was along-side of me; he bid me stop and deliver my money; I did not immediately pay any regard to what he said; I turned my head another way; he again bid me deliver my money; I took out a canvas bag, containing three guineas and a few shillings, and gave it him; he had a pistol very near me.

Was it light or dark? - Very moonlight.

Had you ever seen the prisoner before? - I cannot say I had, unless he was the man I met before; he gave me a crooked shilling back, and said, here is a shilling to carry you to London; I told him I had paid the turnpikes; but I took it, and thanked him; it was, however, a bad one; I remembered I had a bad crooked shilling some time before; I told him it was a bad one; he took it again, and gave me another; I asked him to give me the bag again, that it was a bag I had had some time, and he gave it me; he shook me by the hand twice, and bid me a good night; I was as near to him as I could be; he turned back, and I came strait on for London; when I had got about ten or fifteen yards from the place where he robbed me, I turned my head and thought I saw him hold rather off towards the common; I thought he would not go back towards Acton, as I suspected he had robbed the coach I met, but that he would turn off towards town; as I thought I might meet with him at Hyde Park-gate, I gallop'd my horse all the way as hard as he could lay legs to the ground, till I came to Tyburn-gate; then I turned down Park-lane to Hyde Park-gate; I jumped out of the chaise, and I told the man at the gate that I had been robbed; I had a grey horse in the chaise; I took it out and put it behind the house, left if he came up he should know it; I had a large horse-man's great coat on; I went into the little hut at the gate, and laid it down on the table; I had not been there above two minutes before the prisoner came up to the gate; I said to the man at the gate, I believe this is the man that robbed me just now; I think this is he; the man flung the gate open, and I walked close up to the horse's shoulders and looked him full in the face; I saw he was the man that had robbed me; the moment I saw he was the man that had robbed me; I struck him with my hand on the face; he fell backwards a little on the horse's hips; I catched hold of him by the collar with my left hand, and pulled him down; when he was down, I struck him, I believe, a time or two in the face; I knocked him down, I believe, two or three times; in the struggle, I observed him put his hand to his pocket; I clapped my hand upon it, and found something hard; I d - d him, and said he had got a pistol there; I catched hold of him with my left-hand, and struck him in the face, and he fell down, and I took the pistol from him; he had not quite drawn it out; I searched him, and found another pistol in his pocket; I took them both from him, and then I led him by the collar into the house.

[The pistols, which were very small pocket ones, were produced in court.]

Did you not observe the colour of his horse when he robbed you? - Yes; a dark brown horse with a large white snip in his nose; I did not take so much notice of the horse as I did of his face; when he robbed me, I looked in his face all the while; before I led him into the house, I called out for assistance to the turnpike men, but they refused assistance and d - d me, and said they thought I had beat the man enough; I led him into the house, and tied his hands together with a silk handkerchief; I then brought him out and put him in the chaise, and brought him home to my own door; I gave a gentleman's servant a shilling to ride the prisoner's horse home; coming along the street, he wanted me to let him get out and run away; and said he would give me my money back again.

What money? - He said he would give me my money back again; the three guineas he robbed me of; I told him if he did not sit quietly, I would tie his legs together; in short, I brought him home to my house, and sent for a neighbour to know what was best to do with him; he said, go before a Justice by all means; two or three neighbours came in, and saw me take him out of the chaise; we took him in a coach to Sir John Fielding 's; there is a gentleman here who heard his examination; I did not.

Prisoner. My Lord, I am very unfortunate in retaining a counsel who does not attend; therefore, I beg leave to ask the witness a few questions:

I should be glad to know what dress the person was in who robbed you? - He had a brown coat on; I did not take so much notice of his dress as his face.

Prisoner. Whether you did not swear, before Justice Addington, that he had a great coat on with a cape buttoned up to his eyes, and a large flapped hat? - I cannot say; I said that he had a large flapped hat, and a long pig tail under his great coat that was not taken out when he came to the turnpike.

Prisoner. Had the person who robbed you a cape buttoned over his face? - He had a cape buttoned up under his chin, and his queue in behind.

Prisoner. Did not you swear it was buttoned up to his nose or eyes? - I did not say so; it was not so.

Prisoner. What conversation passed at the turnpike? - I have told the Court as near as I can possibly remember.

Prisoner. Whether you did not tell me if I would go quietly, you would never prosecute me; but would take me to my friends, and would never hurt me? - No; my Lord, he begged very hard for it, and said he was a merchant's son.

Prisoner. You never promised me you would not prosecute me if I would go quietly with you? - I never promised you any such thing.

Prisoner. Whether you are not exceedingly near sighted? - I am very near sighted.

Prisoner. Whether you are not so near sighted as not to be able to know persons that pass you in the middle of the day? - I can see better in the dusk of the evening when the light is not very glimmering, than in the middle of the day; my ball is too large for my sight when the sun is too glimmering; my eye-sight is very bad; I can see better in the dusk than when the light is very strong.

Prisoner. Whether I was not the first man that came up to the turnpike after he complained of the robbery? - I believe he was.

Prisoner. Whether from the time you took me at the turnpike, till you found the pistols upon me, you did not say, you only believed I was the man? - No; I was positive to him as soon as I went up to his horse's shoulder and looked at him.

Prisoner. Whether you ever said you was sure I was the man, till you found the pistols upon me? - I should not have struck him, if I had not been positive he was the man when I looked at him.

Court. Whether you ever positively said he was the man, till you found the pistol upon him? - When I saw him coming, I said to the turnpike man that I believed he was the man.

Court. Whether you ever said to any man before you found the pistol upon him, that is the man who robbed me? - No; I did not.

Prisoner. I believe he has said that after he did find the pistol upon me, he never said if I would go quietly with him he would not prosecute me. Was there any other conversation at the turnpike? - I do not recollect that there was; I was alarmed when I found the turnpike men would not assist me.

Prisoner. I told him I was the son of a Mr. Dare, and that one of my trustees was Mr. Watkins, in Newport-street; the prosecutor said, Young man you have very good friends, if you will go home with me quietly I will not prosecute you. - I deny that any such conversation passed; he said he was the son of a Mr. Dare, and had good friends; that he was a merchant's son in the city.

Prisoner. You did not mention that you would take me home to my friends, and would not prosecute me? - I did not.

Prisoner. You choose to swear that positively? - Yes.

Prisoner. Who were at your house when I came home? - The persons are here.

Prisoner. How many were there of them? - My house was pretty much crouded.

Prisoner. How many went to Sir John Fielding 's? - Three; Campbell, Linguard, and Figgins.

Prisoner. Do you recollect any conversation which passed there? - I cannot particularly say what passed at my own house; the witnesses here will probably recollect it.

Prisoner. Did not I say to you, at your house, in the presence of Campbell, Linguard, and Figgins, Good God, did not you tell me, that if I would go quietly to your house, you would not prosecute me? - I did say that.

Prisoner. And did not you reply, that you said that only to get me quietly home in the chaise? - I might say that; I do not know.

MICHAEL HATCHISON sworn.

The prisoner came to hire a horse of my master, who lives in Castle-street, Leicester-fields, upon a Tuesday, but I cannot recollect the day of the month; I believe it was December, about the 9th day of the month; he had the horse at about half after two o'clock; it was a brown horse; it had a star and a snip.

WILLIAM BARNET sworn.

I was at Sir John Fielding's office when Mr. Lucas brought the prisoner there; I searched the prisoner, and found three guineas in his waistcoat pocket, 16 or 17 s. and some gun-powder and balls.

Prosecutor. I cannot swear to any of the money.

PRISONER's DEFENCE.

I have many witnesses to call.

For the Prisoner.

EDWARD SOKER sworn.

I kept the turnpike, at Hyde-parker corner, the night this affair happened. Mr. Lucas came riding up Piccadilly very fast; he jumped out of the chaise; I helped him off with his great coat; I asked him what was the matter? he said, he had been robbed, and the highwayman was coming; I immediately shut the gate as he desired me. In the space of about a minute the prisoner came up on horseback. I had the key in my hand; Mr. Lucas said, I believe this is the man. I went and opened the gate; Mr. Lucas followed me close. As the prisoner came through the gate, I asked him for the toll; he said, he had paid me in the morning. Mr. Lucas came up directly, and catched him by the coat with his left hand, and struck him; he was then rather behind the prisoner; I was standing at the horse's shoulder; he repeated his blow twice; he struck him as hard as he could, and made the horse reel; then he pulled him down on the ground, and beat him unmercifully, and he called out to the turnpikemen to assist him; I was by him all the time; I said you don't want any assistance to beat the man; let him get up on his legs, and take him to the toll-house; he then dragged him across the street on his back; when he was down he had his knees on him, and kept beating him in the face; I said, what signifies beating the man? let him get up, and take him into the toll-house. At last he got him to the toll-house, and the prosecutor was there with him, I believe, twenty minutes; he tore the skirt of his coat off, and would have beat him in the toll-house, if we would have let him; he asked us for something to tie the prisoner's hands. The prisoner then called Mr. Lucas by his name several times; by what means he knew him I don't know, though, I believe, he had told him that his name was Lucas; when he had tied the prisoner's hands, he asked him who he was? The prisoner told him his name was Dare; the prosecutor said, you are but a young man.

Did the prisoner say where he lived? - I don't recollect that he did. Mr. Lucas then said, I will take you home to your friends, young man; he repeated that several times, and that he would shew him mercy on that account; he asked him for the three guineas; the young man never confessed having the three guineas, or that he had robbed him, or any thing of it. Mr. Lucas took him in the chaise, and Sir John Fielding 's men came that night for his coat. The prosecutor had represented, that he had no assistance at all from the turnpikemen, and Sir John's man took down my name, and the name of another young man who was upon duty; I told him when the prosecutor came to the gate, that he should have all the assistance needful; he had all the assistance necessary; he was in the toll-house twenty minutes; when we were the next day before Sir John Fielding , he d - d me for a rascal, and said he never saw me in his life before; whether he is a proper person to swear against a man, I don't know; it appears to me that he was very short-sighted.

From the Jury. How far was the prisoner from him when he said, he believed he was the man? - About seven or eight yards, I believe.

What sort of a night was it? - Very star-light; but, I believe, there was no moon.

From the Prisoner. Whether Mr. Lucas did not say at the turnpike, that if I would go with him, he would not hurt me? - He did say so.

Prisoner. Did I not say that Mr. Watkins was my trustee? - He might say that, but I don't recollect it.

BENJAMIN LAY sworn.

I keep a fruit shop. As I was standing in my little shop, at the back of the turnpike, I heard a great noise; I ran round to the gate; Soker was then taking the toll of the gate; I said for God's, sake, what is this gentleman beating the man so for? Soker said, he says, he believes he is a highwayman. I begged of Mr. Lucas not to beat him so; Mr. Lucas was standing over him. I desired him to get off, for he was repeating his blows as fast as possible; I got him up, and Mr. Lucas went to repeat his blows again. The prisoner staggered up against the wall; he again attempted to strike the prisoner, and several blows came upon my shoulders and arms; I said he should not beat him so; I kept him off; I asked him if he was sure that the prisoner was the man; he said he believed he was the man; I said he should not beat him so, if he was not sure, he might kill the man; he said again, he believed he was the man, but he was not sure that he was; then he wanted the prisoner to strip; I said, No; I had got him safe in my hands, and he should not; I said, if you think he is the man, why don't you search him? Why do you stand damning and swearing here? he is as quiet as a lamb. Then Mr. Lucas put his hand to his right-hand pocket; he found something, and said, here is a pistol here; he took hold of his coat with both hands, and tore the stap intirely off; I said to him, Sir, why do you so? you might blow one's brains out, taking such a sudden jerk as that; why don't you search his pocket? then he put his hand into the prisoner's pocket, and took out a pistol. Now, says he, I am almost sure that you are the man. Mr. Lucas then d - d and swore very much, and tried to repeat his blows upon him; I told him he should not strike him, nor no man should while he was in my care; he d - d me for a rascal, and asked me who I was? then he took another pistol out of the prisoner's pocket. Mr. Lucas did not seem to be positive throughout the whole that he was the man. Then the prosecutor stamped and swore, and tore about very much, and said, that he was a better man than him. The young fellow (the prisoner) stood very quiet; he made no resistance in the world. Mr. Lucas took out a handkerchief, and tied his hands. The prisoner called Mr. Lucas by his name. Mr. Lucas asked what he was when he came a little to himself? The prisoner said, that his name was Dare, and that his father was a timber merchant in Long Acre. He begged very much for mercy, and the prosecutor said he would take him home to his friends, and would shew him mercy, and not hurt him, he repeated that seven or eight times; we were then very happy within ourselves, to think that the young man had fallen into such good hands that would not hurt him, after beating him in the cruel manner he had done; then we conducted him to the chaise, and Mr. Lucas said, he would take him home to his friends, and would not hurt him, but would shew him mercy; therefore we took no more notice of it.

From the Prisoner. Did I make any confession at the turnpike? - None at all.

Prisoner. Because the word mercy might convey tan idea as if I had made a confession; was not the word mercy relative to his beating me?

Court. What did you understand by the word mercy? - From his beating him.

RICHARD ANDERSBY sworn.

I heard a rustling under my window, near the turnpike; I threw up the sash, and saw the prisoner under the hands of Mr. Lucas; he said, will nobody help me to take an highwayman? and went up and took him into the toll-house; I followed; Mr. Lucas said to him, d - n you did not you give me a shilling? the prisoner made no answer to the question; they proposed taking him to the chaise, and whether the prisoner put his hands to his cloaths or no I cannot say, but Mr. Lucas said to him, d - n you keep your hands from your cloaths or I will not go with you; I said the young man cannot hurt you, as he has got no arms about him; the prisoner said, Sir, if you are afraid of me tie my hands, which Lucas did with a handkerchief; then they took him to the chaise.

From the Prisoner. Did I make any answer about the shilling, or make any confession? - None that I heard.

Prisoner. Did not Mr. Lucas promise not to prosecute me? - He said he would take the young man home to his friends, upon which we were very happy.

BENJAMIN FIGGINS sworn.

I was in a public-house near Mr. Lucas's; Mr. Lucas came in, and said, Figgins I have taken a highwayman, will you go with me? I asked where he was? he said at my house; I went with him; we met Campbell, and went to the prosecutor's house; the prisoner said, Good God! is it come to this - Mr. Lucas, you will not prosecute me? I said I believed he could do nothing else; the prisoner said again, Good God! you will not prosecute me. Did not you promise not to prosecute me? I think Mr. Lucas said he did say so, in order to keep him quiet in the chaise.

You have known me some time? - I have employed Mr. Naylor, to whom the prisoner was a clerk; I never heard any thing dishonest of the prisoner; he once brought me 40 l.

Prisoner. My Lord, I have a witness to prove that Mr. Lucas said last sessions, that he could not swear to the identity of my person.

CHARLES WEST sworn.

I am a sheriff's officer; I was at the Rose coffee-house, in the Old Bailey, last sessions; the prosecutor came in, and he and one Mr. Chappel talked with respect to the robbery; I heard Mr. Lucas say, that he could not swear rightly to the identity of the prisoner; and he said, he had no doubt, from the circumstances of the robbery, but he must be cast; the gentleman replied, Sir, I believe, you are near sighted; because, during the sessions, he had spectacles on.

THOMAS YEOMAN sworn.

I have known the prisoner from his childhood. Upon the death of his mother, who survived his father, myself and two other persons were left trustees to him, and three other children; I was very happy in having him articled to a particular friend, an attorney. During the beginning of his clerkship, I expected he would have been a shining instance of goodness, and an help to the rest of the family; I know nothing against him from my own knowledge.

WALTER WATKINS sworn.

I am another of the trustees for this unhappy youth; I never heard any thing of this kind of him before.

What is his character? - I never heard any thing of this kind; but he was a giddy youth, as too many are at this day.

ROBERT CAMPBELL sworn.

I knew the prisoner in the life-time of his parents, and I have been several times in his company when he was with Mr. Naylor; I have been in the country with him upon business; I thought him a virtuous, sober, youth; if he was at liberty, I would trust him with any sum.

FREDERICK MILLER sworn.

I know the prisoner's friends very well, and I knew him; I never heard any thing amiss of him; he behaved himself well to his master; he was a good apprentice or clerk.

WILLIAM RUSSELL sworn.

I have known him four years; I looked upon him to be a very honest, industrious, young man; I never heard any thing amiss of him, till I heard of this charge.

WILLIAM WEST sworn.

I know the prisoner; I always believed him to be an honest, virtuous, young man; I never heard any thing amiss of him, till this unhappy affair.

Another Witness sworn.

I have known the prisoner three years; his master carried on a suit for me; the prisoner behaved very well at that time.

JOSEPH PALMER sworn.

I have known the prisoner from a child; I looked upon him in an honourable point of light.

HOLTON VERE sworn.

I have known the prisoner a long time; I never heard any thing amiss of him before.

JOHN MIDDLETON sworn.

I have known the prisoner eight years; I have heard his master speak of him as an able and useful clerk; I have known his master to trust him with large sums, which, I believe, he has always discharged very punctually.

JOHN LAYCOCK sworn.

I have known the prisoner from a child; I always looked upon him to be a virtuous young man; I never heard any thing amiss of his conduct till this time.

Mr. HUMPHERYS sworn.

I have known the prisoner fifteen years; I lived with his father; the prisoner always bore a good character; I never heard any thing amiss of him till this time.

GEORGE COLLET sworn.

I have known the prisoner five years; he always behaved very well.

RICHARD GENT sworn.

I was clerk to the prisoner's father five years; I never knew any harm of him in my life.

RICHARD GEORGE sworn.

I have known him two or three years; I always thought him to be an honest, sober, religious, good lad.

BENJAMIN FIELD sworn.

I have known him about five years; I had a good deal of business with him in his clerkship; he always behaved like a gentleman; I never heard any harm of him; I would have trusted him with a 1000 l.

ANDREW NASH sworn.

I have known him from a child; from what I knew of him, I would have trusted him with untold gold.

CHRISTOPHER LEWIS sworn.

I have known him about seven years; I looked upon him to be a sober, honest young man; I lived opposite to him whilst he was with Mr. Naylor; I never heard any thing against his character till this.

JOHN HOPPER sworn.

I have known him between six and seven years. The neighbourhood looked upon him in a very respectable light.

THOMAS HINDE sworn.

I have known him ever since he came to Mr. Naylor; he always had a good character.

Prisoner. My Lord, I have a great many other gentlemen here; if your Lordship thinks it necessary, I will call them. I think the evidence of the prosecutor much contradicted by the rest of the witnesses. I desired mercy when he was beating me. I never made any confession at any time. The prosecutor is so very short-sighted, that he did not know the turnpikeman the next day, though he was with him in the toll-house for half an hour; yet he swore that he never saw him.

GUILTY Death .

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

[He was humbly recommended by the prosecutor to his Majesty's mercy.]

231. ELIZABETH SINCLAIR was indicted for stealing a cloth coat, value 5 s. a cloth waistcoat, value 2 s. a pair of cloth breeches, value 12 d. a linen gown, value 3 s. a linen apron, value 6 d. and two flat irons, value 1 s. the property of Richard Leach , February the 16th .

RICHARD LEACH sworn.

I know the prisoner; I lost a coat, waistcoat and breeches; I live at No. 9, Lamb's-buildings, Bunhill-row ; I wore them last Sunday; I missed them on Monday evening, at about seven o'clock; they were found at Noah Slee 's, a pawnbroker, in White Cross-street; the prisoner was taken up, and she owned pledging them there; she came into my family to nurse my wife and child who were both ill.

PRISONER's DEFENCE.

I had been nursing in the family fifteen or sixteen weeks; I had received but 6 s. of the prosecutor; I was distressed for money, and could not pay my way; I thought to fetch them out before Saturday night.

Prosecutor. She had money whenever she wanted.

[Slee, the pawnbroker, produced the things mentioned in the indictment, which he deposed he received of the prisoner, and they were deposed to by the prosecutor.]

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

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

232. THOMAS BOLSTER was indicted for stealing two pair of silver plated candlesticks, value 4 l. a silver plated coffee-pot, value 40 s. two silver plated waiters, value 40 s. a silver plated dish-cross, value 40 s. a pair of silver plated butter-boats, value 25 s. a two pair of silver plated salts, value 20 s. a silver plated sauce-pan, value 30 s. a silver plated ink-stand, value 30 s. another silver plated ink-stand, 25 s. a silver plated snuffer-stand, value 16 s. a silver plated toast-tray, value 20 s. and two pair of silver bracket candlesticks, value 4 l. the property of William Nodes , January 28 .

WILLIAM NODES sworn.

I am a goldsmith , in New Bond-street. On the 6th or 7th of March, I sent my shopman, Edward Calcott , with the things mentioned in the indictment, in a box to the Castle-inn, in Wood-street ; I have a list of the things contained in the box (repeating them); it was directed to Messieurs Tudor and Co. at Sheffield; I wrote a letter of advice to my correspondent; I afterwards received a letter, informing me, that he had not received them; I went to Sir John Fielding 's, and got hand-bills printed offering five guineas reward; I never heard of them till within this month; then one of Sir John's men informed me, that they had got my box; they knew it to be mine, by one of my shop-bills being in the box; I waited on Sir John Fielding , on Wednesday was three weeks; I there saw a box, but not the same I sent; it contained all the plate I had lost, except two pair of silver candlesticks, which a pawnbroker had taken in pawn; the pawnbroker's servant was there with them; they are bracket candlesticks; I saw my shopman pack them up.

EDWARD CALCOTT sworn.

I am shopman to Mr. Nodes, and was in March last; I put the goods my master has mentioned into a box; about the 6th of March last, I took them to the Castle-inn, in Wood-street; I went to the yard, and asked for the book-keeper of the Sheffield waggon; they said he was in the tap-room; I went there, and asked for him; a man, standing with his back to the fire, said there were two of them, but neither of them were there; I said I had a box of goods, and wanted to know what I must do with them; he said I must leave them; I asked if he had no place or repository to put the box in, as it was not proper to leave it in a public tap-room, till the book-keeper came in; the man took the candle off the table, and desired me to follow him; he took me down eight or ten steps into a large vault; he put down the candle, and put the box on a butt that stood endways; and said, now, Sir, it is safe enough, I will take care and deliver it to him when he comes; I did not pay any thing; I then came away.

Can you tell who the man was? - No.

Do you know any thing of the box being found? - I saw the goods at Sir John Fielding 's; I am certain they were my master's goods, and the very same I packed up in the box.

Prisoner. He would have swore to a man at the Justice's that he delivered the box to, if his master had not cautioned him. - I told Sir John, I thought the tall man was the man to whom I delivered the box, but I would not swear to him; there were three men at the bar.

Was the prisoner one of the three? - I cannot say.

Whether the prisoner was one of the three men at the bar?

Prosecutor. The prisoner was one of the three that were at the bar at Sir John Fielding 's, but not the tallest.

JOHN FITZGERALD sworn.

I am servant to Mrs. Coleman, a pawnbroker, at the corner of Featherston-building's, Bedford-street, Bedford-row; I have the care of the whole business. On the 24th of last January, the prisoner came to me at about eight in the evening; he desired me to lend him a guinea and a half on the first pair of candlesticks (producing them); I asked if they were his own; he said they were his, that he had kept the Rose and Crown at Islington, and that he bought them at a shop near St. Andrew's Church, Holborn, with some butter-boats, and other things; to induce me to lend him the money, he produced a duplicate of a pair of salts which he had pawned with me a twelve month before; I lent him a guinea and a half on them; I have had them ever since. On the Wednesday following (the 28th) he brought me another pair, the fellows of them, and asked me to lend him two pounds upon them; I had taken down before where he said he lived, which was No. 1, Clerkenwell-close; I asked him, as before, how he came by them; he gave me the same account; I asked him if he had a bill and receipt; he said he had; I said I would keep the candlesticks till he went and brought it; he went, and returned in half an hour, and said he could not find it, but if I had a doubt about their being his, I might go to his lodging; I would not, but said if he would call in half an hour, I might let him have the money; he wanted the candlesticks; I said I would keep them till he came again, and would speak to my master about it; he went away, and I went to Sir John Fielding 's and gave information of it, and brought Barnett with me; in about an hour the prisoner came again; we took him into the parlour and searched him, and found the duplicate I had given him; we took him to Sir John Fielding 's; when I returned, I found a hand-bill of the things mentioned in the indictment, dated May last; being so long ago I had forgot it; I have had the candlesticks in my possession ever since.

Prosecutor. I believe they are my property; they are exactly the weight of those I lost. I can swear more particularly to some of the things in the box.

Calcott. I believe they are my master's; they were omitted to be filled up in the bottom; they fill them up with wood and cement, and green baize at the bottom.

WILLIAM BARNETT sworn.

I am one of Sir John Fielding 's men. On the 28th of January, at about two o'clock, the last witness came to the office and informed us, that a person, whom he suspected, who had pawned a pair of candlesticks three or four days ago, had brought another pair, and was to call again. I went with him, and in about an hour the prisoner came; I secured and searched him, and then I took him to Bow-street. He told me he lodged at No. 1, in some buildings near Clerkenwell-Close; I forget the name. I asked him if he had any more of that sort of goods? he said he had not. Halliburton and I went directly and searched his lodgings, and found this box ; it was nailed up, and locked; we found the key in the pocket of a woman, who said she was his wife. I opened the box and saw it contained plate; then I locked it again, and took it to Sir John Fielding 's; the woman opened it at Sir John's; I found in it a bill of Mr. Nodes's shop; they were both examined; they varied in their accounts; we sent to Mr. Nodes; he came and saw the plate, and said it was his. The prisoner's brother, who was in the room when I went to search it, was kept in custody two or three days, and then discharged with two others that were with him.

What room did he say he lodged in? - I believe the two pair of stairs; we found the room as he said.

[The goods were produced in court, and deposed to by the prosecutor and Edward Calcott .]

THOMAS WILSON sworn.

The prisoner kept the beer-tap, at the Castle-Inn, in Wood-street; he came on the 26th of February, and went away the 7th of May.

PRISONER's DEFENCE.

An acquaintance of mine, one Samuel Jones , who kept the Queen's Head, Spittle-fields, brought a box to my house one evening, the latter end of August, or the beginning of September; he said he had an execution in his house, and begged I would go with him; I went to his house; I believe there was a man put in possession the next day; he brought the box, not mentioning what was in the box, neither did I ask him; he desired me to take care of it till he called for it; then he was removed into the rules of Charing Cross, I went to him at different times to see him; I was there on Saturday, and he desired me to come on Tuesday, and bring the box to him; and he would pay me what he owed me, upwards of 9 l. I went on the Tuesday as he appointed; he was gone on board a ship, and I have never heard of him since; I kept the box till after Christmas, before I knew what was in it. In the middle of January, I was distressed for money; I opened the box, as he owed me money, and I could hear nothing where he was; I found the property; I took two candlesticks to pawn; I never took the paper off; I did not see the whole of the things then; I only saw the candlesticks; I pawned them in my own name, in case he sent for them, to take them out again if he paid me the money; I did not know but they were his property; they were nailed down in a thin deal box; I broke the box as I was getting it open, so I put them into a box I had by me; when I kept the tap, I was a single man, and the porters and coachmen brought parcels into my cellar; I never took any charge of things that were brought in my life; my cellar is open to all the coachmen that go on the road; this Jones used to mind my business for me when I wanted to go out to order liquors, or see a friend, which is very well known; I expected witnesses; I wanted my trial put off; I employed a counsel who is not here.

Prosecutor. I went to the tap-room when I found it was missing, and the prisoner said as he has now, that his vault was public, and he was not accountable for the things.

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

To the Prosecutor. What is the value of the whole? - They cost me 30 l.

GUILTY .

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

233. EDWARD SULLENS was indicted, for that he in the King's highway, in and upon Thomas Farrow did make an assault, putting him in corporal fear and danger of his life, and stealing from his person an hempen bag, value 1 s. six pound weight of tea, value 30 s. ten pound weight of sugar, value 56. a leather trunk, value 5 s. a deal box, value 3 d. ten pound weight of ginger-bread, value 3 s. a basket of earthen-ware, value 10 s. and a hempen sack, value 6 d. the property of the said Thomas , January the 31st .

THOMAS FARROW sworn.

I keep a common stage-cart . On the 31st of January, between seven and eight o'clock in the evening, I met the prisoner between Edmondton and Enfield ; I had a load of goods in my cart, the things mentioned in the indictment; as I was in my cart, on the foreboard, driving a smart pace, I turned my head, and saw my cart all open behind; I said to myself, God bless me; the prisoner cried, holoa; by that, I think, he heard me; I replied, holoa; he asked me what was the matter? I answered, matter enough; then he flew to the fore-part of the cart, and said, stop this minute, or I will blow your brains out; he clapped a cutlass to my breast.

Was it light enough to see the cutlass? - Yes; he was close to me; his hand partly touched my breast; he said, blast your bloody eyes, if you offer to turn your head, I will cut it off; I said I had a large family, and begged he would spare my life; then he holoa'd out two or three time, come on, come on; upon which two other persons came up; one came on the off-side of my cart, and the other got into the cart. The prisoner stood over me with a cutlass, with his back to the horse, and his face to me, about a foot and half from me; he held the cutlass

to my breast; he again blasted my bloody eyes, and said, if you offer to move your head, I will cut it off; I kept begging he would save my life; he made use of such wicked expressions, that I was afraid he would kill me. They took the hempen bag that contained the tea and sugar; the prisoner helped it down out of the cart; the man in the cart took the leather trunk, and gave it to the man on the off-side. The deal box was taken out by the same person. The basket with the earthen-ware was taken out by the same man; the prisoner stood over me all the time with the cutlass; he only helped to take the sack out; they likewise took an empty sack which was found in the prisoner's stable; when they had taken the things out, the prisoner called to one of them, come here, and take this pistol; and, if he stirs, blow his brains out, and I will go and see if all is got off. The man came and stood at the horse's head, and the prisoner went away, and returned again, and said, they were all off, all clear. The man he placed at the horse's head replied, now you may go on; the prisoner replied, No; d - n his eyes, he shall not go on yet; we will cut his reins, otherwise people will think he has not been robbed; the prisoner cut the near horse's rein, and the man who was at the horse's head cut off the horses reins close to their heads. I asked them to let me get down, and tie the horses together; they did, and I tied my horses together, and went home.

Are you sure the prisoner is one of the three persons? - Yes; it was a dark night; I know him by his make, being a square thick made man, and bigger than the other.

You had never seen him before? - I had not to my knowledge; I was robbed on the Saturday night; on the Sunday morning, I tracked a cart from the end of a lane just by where I was robbed; as I was going home, after I was robbed, I stopped, at a gentleman's, to deliver a message, a little cart went by me in the morning; I enquired if any body had seen a cart; I heard nothing of it till I came to Kingsland.

When did you hear of the cart? - On Tuesday the man at the Basing-house informed me of the prisoner and the cart. I had before given a description of him; upon this information; I got a search warrant from Mr. Wilmot, and went to Cock-lane with Lee and another, and in the house of the prisoner we found an hempen sack; he said he did not know how the sack came there.

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

Was there any body in the house besides the prisoner? - I did not see the prisoner in the house when we made the search; he was taken up on the Thursday. There were two women in the house; I was ordered to go to Mr. Wilmot's, and look at the prisoner; I did, and I said he was one of the men that robbed me.

How many people were in the room at the Justice's when you went in? - Six or seven. I knew him immediately.

You got none of your things again but the sack? - No; there were some earthen plates at the Justice's, which the prisoner said came out of my cart; he wanted to be admitted an evidence.

From the Jury. How long was you detained on the road before they let you go? - I believe a quarter of an hour.

Did no carriages pass you? - No; it was out of the main road beyond the church.

Cross Examination.

Did Lee say any thing to you about there being 40 l. reward? - No; he said nothing to me about it.

Had the prisoner a round hat on when he robbed you? - I cannot say; I could not distinguish his cloaths, only the make of the man; he was stouter than the other two.

And that is all the reason you have to know him? - By the glimpse of his face, and his changing so many words with me.

Do you recollect one Wale or Wade, or any body pointing this man out to you? - Nobody pointed him out; I found him out myself.

THOMAS LEE sworn.

I attend Justice Wilmot's office; on the 3d of this month, the prosecutor applied to Justice Wilmot for a search warrant to search the house of the prisoner; I went with him; the prisoner was out at that time; I found a sack in the stable; we were told it was the prisoner's stable; and a cart, with his name on it,

stood in the yard opposite the stable; when he was taken and brought before the Justice, he wanted to be admitted an evidence.

PRISONER's DEFENCE.

I was very ill, and light-headed; they dragged me out of bed to the office that night, and then to Bridewell; when I was at the office I was alone in the box, and Edward Wale and another man that was there pointed to me that I was the man; there was no other man in the box.

For the Prisoner.

MARY BOLTON sworn.

I was at the prisoner's house, on Friday the 30th of January, nursing his wife; he went out to Smithfield to buy a horse, and returned about six o'clock with a violent shivering and shaking in his bones; I advised him to go to bed; I got up on Saturday morning, but went to bed again; he was never out of doors from Friday night till Sunday morning; I was in the house all the time; I had nursed his wife for three weeks before that. I sat up all Friday night, and Saturday night, and Sunday night; he was in the same room.

How came you to six on Friday the 30th? - Because it was my child's birth-day; there was an apothecary attended my daughter; he came and told the prisoner, he must take a sweat; and he had some twopenny, and gin, and sugar.

ANN GOOGE sworn.

I am a lodger in the prisoner's house; the prisoner was taken very ill on Friday night, and on Saturday about seven o'clock, I went down to buy a penny-worth of sprats, and asked how they did; they both answered, they were both very poorly.

SARAH THOMPSON sworn.

I was at Justice Wilmot's office when the prisoner was there; I went to carry him some mutton and broth for his dinner; he was in the tap-room at the next door to the office, in a box with his wife; two persons came in together; one nudged the other by the elbow, and looked hard at the prisoner; then the other said, he believed that was the man.

To the prosecutor. You hear what the woman has said; is that true? - It is false; I went in by myself; when I said, that is the man that stopped me, there was a woman with him in the box.

From the Jury to Bolton. Where was the prisoner, when they came on Tuesday with a search warrant? - He was gone to Smithfield to buy some greens and potatoes.

GUILTY Death .

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

234. JONATHAN RUDD was indicted for stealing a silver watch, value 3 l. a steal watch-chain, value 6 d. and two silver seals, value 10 s. the property of Daniel Mears , January 28th .

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

235, 236. RICHARD HARBERSON and THOMAS RAFFATY were indicted for stealing a mahogany knife-case mounted with silver, value 3 l. the property of Samuel Hatton , February the 10th .

SAMUEL HATTON sworn.

I am a silversmith in High Holborn ; the knife-case, mentioned in the indictment, was taken from my counter on the 10th of February; I was out at the time; my wife informed me of it when I returned.

- HATTON sworn.

The knife-case was brought back by one Francis, who took it upon the prisoner, Raffaty.

JAMES FRANCIS sworn.

I saw three men about the prosecutor's door on the 10th of February, between six and seven in the evening; one went in, which, I think, was Harberson; I am not sure, but I believe he is the man; he came out, and delivered the knife-case to Raffaty; I secured Raffaty with the knife-case upon him, and carried him back to the prosecutor's house.

JOHN ATWOOD sworn.

The constable gave me a description of Harberson, and I took him; Francis singled him out at the Justice's.

The constable sworn.

I received a description of the man that went in from Francis and gave that description to Atwood, and he took up Harberson.

[The knife-case was produced in Court, and deposed to by the prosecutor.]

HARBERSON's DEFENCE.

I was at another place at the time.

[He called three witnesses who deposed, that he was at work that day till a quarter after seven in the evening.]

RAFFATY's DEFENCE.

I am not guilty.

HARBERSON NOT GUILTY .

RAFFATY GUILTY B . and IMP. one year .

Tried by the First Middlesex Jury before Mr. RECORDER.

237. JOSEPH MARKS was indicted for stealing twenty-eight pounds weight of soap, value 12 s. the property of John Griffin , November 15th .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

238, 239. JOHN COLLINS and EDWARD ADAMSON were indicted, the first for stealing forty yards of tarred ropes, value 4 s. the property of John M'Gard , William Smelt , and Christopher Richardson , and the other for receiving the said ropes, well-knowing them to have been stolen , January the 24th .

BENJAMIN KING sworn.

I live at Limehouse , and manage a timberyard for Messieurs M'Garth, Smelt and Richardson; the prisoner Adamson deals in old ropes; he has a warehouse in Narrow-street, Limehouse; the use of the rope that was stolen, was to keep the timber together in the water. On the 24th of January, I was informed the rope was missing.

JOHN RAY sworn.

I am a labourer to the prosecutors; I missed the rope on the 25th of January; I had seen it the day before there; it weighed thirty pounds when Adamson bought it; was it dry it weighs twenty-six; the prisoner, Collins, was about the timber on the 25th; at about four o'clock he was bringing his boat back; I suspected him, and took him before a magistrate; he there confessed that he had taken it and sold it to the other prisoner; I went with him to Adamson's, and Adamson did not deny it; the boy (Collins) confessed he cut it off with a knife, and that Adamson gave him a shilling for the rope.

What is it worth? - I cannot say.

Did he give the value of it? - The full worth.

COLLINS'S DEFENCE.

I know nothing of it.

Adamson was not put on his defence.

GUILTY of stealing to the value of 10 d .

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

240. JOHN CALVERT was indicted for stealing one hundred and sixty yards of buckram, value 6 l. the property of Joseph Patridge , February the 11th .

JOSEPH PATRIDGE sworn.

The prisoner was porter to a hot presser that I employed to press my goods; he was detected stealing some buckram.

JOSEPH PEPEREL sworn.

I am servant to the prosecutor; I saw the prisoner bring the buckram out of the room it was kept in; he was doing it up in a wrapper; I asked him what he had got there? he said he had got nothing; I found the buckram upon him; I gave it to a constable, and took the prisoner to Mr. Patridge.

[ William Cooke the constable produced the buckram in Court, which was deposed to by Richard Turnbull , journeyman to the Prosecutor, who had marked it the day before.]

HENERY BOWNEER sworn.

I saw the buckram taken from the prisoner; he had it in the wrapper.

WILLIAM KENDALL sworn.

I was sent for on the 10th of February to take charge of the prisoner.

JOSEPH BRADY sworn.

I am foreman to Mr. Patridge; I pulled the buckrams out of the chest, on Saturday the 7th of February, and on counting them over I missed three pieces; I went out, and did not return till Tuesday; then I missed another piece.

JOHN CLARK sworn.

I am an officer in Whitechapel; the prisoner shewed me where he had sold the buckram.

PRISONER's DEFENCE.

I threw the wrapper over the table; I did not know there was any thing on the table; I took the wrapper up in a heap; I did not know there was any thing in it.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Branding. See summary.] [Imprisonment. See summary.]

241. THOMAS BARNWELL was indicted for stealing forty-six pound of lead, value 4 s. belonging to Samuel Edwards ; and then and there fixed to the dwelling house of William Martin , feloniously did rip, cut, break, steal, and carry away , January 31 .

SAMUEL EDWARDS sworn.

The lead was taken from a house I have a lease of in Fleet-lane , which I have let to Mr. Martin; the prisoner was taken with the lead upon him; I was sent for; I compared it with the building, and it exactly tallied.

JOHN BROCKLES sworn.

I live next door but one to the house the lead was taken from; the house had been attempted two or three times before. On the 31st of January my niece came in, and said she heard somebody in the shed belonging to that house; I went out, and found the prisoner in the shed, concealed under some carpenter's wood, and the lead by him; I secured him; he said he had sold some the night before for 7 s. and some the night before that for 6 or 7 s. he said he sold it to one Mrs. Hayward, in Fleet-lane; we went there, and searched, but could not find it; she has a relation in Shoe-lane; they take from one another; we went there also, but could not find it.

[ William Stiles Jones, a constable, confirmed the testimony of the last witness.]

PRISONER's DEFENCE.

I lodge in the house; I went to the necessary; I saw nothing of the lead; they accused me with it, and asked me if I sold any; I said no; I hardly know what I said in my fright to get the handcuff off.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Imprisonment. See summary.]

242. WILLIAM GEARING was indicted for stealing a silver watch, value 50 s. the property of Thomas Burgess , the younger, August the 4th .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

WILLIAM GEARING was indicted for stealing seventeen silver table-spoons, value 10 l. twelve silver desert spoons, value 5 l. two silver gravy spoons, value 50 s. a silver marrow spoon, value 8 s. two silver bottle labels, value 4 s. and a pair of steel snuffers, value 2 s. the property of John Eddison , January the 18th .

JOHN EDDISON sworn.

I am clerk to the Coopers company ; I lost the spoons out of my house in Coopers-hall ; the prisoner had lived in my service some time before, he was out of my service then. On Sunday the 18th of January, about six in the evening, I went to the Magdalen Chapel; the plate was on the sideboard, when I went out; I returned between eight and nine; they were then missing; there is some of the plate found in the house of Mr. Gauler, in Essex-street, in the Strand, where he was servant, and a pair of snuffers he made a present of to a little girl the day before he went to his place; the plate is so defaced I cannot swear to it.

RICHARD BLAND sworn.

I have a pair of steel-snuffers the prisoner made a present of to my daughter the day before he went to his place.

[They were produced in court, and deposed to by the Prosecutor.]

RICHARD GLANVILLE sworn.

I am a silversmith; the prisoner came to my house about the 27th of January, and asked if I bought old silver; my servant called me; the prisoner produced twelve pieces of silver, which seemed to be cut out of large silver spoons; I asked him how he came by them; he said he found them; I told him I believed they were stole, and asked him where he lived? he said with Mr. Gauler, in Essex-street, in the Strand; I went to the house and saw his mistress; I told her my suspicions, and the prisoner was taken into custody.

PERCIVAL PHILLIPS sworn.

Morant and I went to search the prisoner's box at his lodgings; Morant opened the box, and I found two silver bottle labels; he went with us and told us it was his box in which they were found.

[The bottle labels were produced in court and deposed to by the prosecutor.]

MOSES MORANT sworn.

I attend at Sir John Fielding's office; on the 28th of January I took the prisoner into custody and searched him. Mr. Bond ordered me to go with him to Mrs. Gauler's; in the place where he cleaned his plate, I found these pieces of silver (producing them) I believe they have been spoons.

MARY NICHOLS sworn.

I am servant to Mr. Bland; on the Sunday these things were stolen, the prisoner was at our house to dinner; he left the house between four and five in the afternoon.

PRISONER's DEFENCE.

I have had the bottle labels by me these three years.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

243. DANIEL SIMPSON was indicted for stealing two pewter quart pots, value 2 s. the property of John Waley , February the 16th .

JOHN WALEY sworn.

I keep the Coopers-Arms, in Thames-street ; the prisoner came into my house and called for a pint of beer; when he went out I followed him, and found the pots upon him. I charged a constable with him.

[The pots were produced in Court by John Earl , the constable, and deposed to by the prosecutor.]

JOHN SMITH sworn.

I was at the Coopers-Arms; I saw the prisoner take a pot off the shelf by the fire, and-put it in his pocket; I informed the landlord of it; the prisoner paid for his beer and went out, and we followed him, and he gave us two pots out of his pocket.

PRISONER's DEFENCE.

A cooper on the keys gave me the pots to carry home; I put them in my pocket; I got some beer, and forgot to pull them out while I was in the house; I went out to fetch in some sticks I had left at the door; this man followed me, and asked me what I had in my pocket; I told him two pots that I had brought home; they said I had stole them, and took me into custody.

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

Tried by the London Jury before Mr. RECORDER.

244, 245. PHILIP RAMSAY and WILLIAM MURRAY were indicted for burglariously breaking and entering the dwelling house of John Elliott , on the 22d of January , about the hour of one in the night, and stealing nine linen shirts, value 4 l. a pair of linen sheets, value 5 s. two cotton bed-gowns, value 1 s. 6 s. two lawn aprons, value 6 s. two check aprons, value 1 s. six linen stocks, value 2 s. two lawn neckcloths, value 1 s. a muslin neckcloth, value 2 s. two pair of linen spatter-dashes, value 2 s. and two damask table cloths, value 2 s. the property of the said John, in his dwelling-house .

ELEANOR ELLIOT sworn.

I am the wife of John Elliott ; we keep a house in New-Pye-Street, Westminster ; on

the 22d of January last, I believe it was, our house was broke open; it was done about one in the morning; I locked the doors that night myself; I heard the watch cry all the hours, and every half hour, except the hour one, and half past three; from thence I conclude that this fact was committed about one, or half past three; I got up at about seven in the morning to let my husband out, who is a military man; I did not perceive but that the lower part of the house was in the same situation I had left it in the preceding evening, for the persons that had stole the things had got in at the one pair of stairs window; I had at eleven o'clock the preceding night put a quantity of linen on the lines to dry, in the one pair of stairs room; I went to look for this linen at about eleven in the morning; then I for the first time perceived that the linen was gone, and the sashes were thrown up; I am certain I had put down those sashes the preceding evening; I had come out of the room without putting the shutters to, and I returned afterwards and shut them, but without fastening, and I am well assured that the windows were down. I missed all the things mentioned in the indictment (repeating them) they were, together, of the value of 5 l. the prisoners were taken on the Monday three weeks afterwards, and were carried before Justice Welch; a great quantity of linen was found in their lodgings. Having information of their being taken up, I went to the Justice's; I saw there a couple of neckcloths of mine, which were found in the prisoners lodgings.

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

ANN FIELD sworn.

I live opposite the prosecutrix; I saw upon the leads, over the door, the footsteps of several persons who must have got in at the window; when I got up at seven in the morning, the prosecutrix's sashes were wide open, but as I had seen that before, it did not strike me as any remarkable circumstance, so as to induce me to give any notice to the prosecutrix of it. I was with Mrs. Elliot at the Justice's; she described the marks on the neckcloths; upon being examined the marks she had mentioned appeared to be upon them; Ramsay desired much to be admitted an evidence.

[ Dennis M'Donald produced the neckcloths, and a large quantity of linen which he found in the lodgings of the prisoners. The linen was deposed to by the prosecutrix. M'Donald further deposed, that he likewise found there a dark lanthorn and some shot; that Ramsay, when before the Justice, was very desirous of being admitted an evidence for the crown, and said he would discover where the rest of the property was, and other robberies.]

[ James Hyde confirmed the evidence of M'Donald.]

GEORGE WHITROL sworn.

I keep a public-house; the prisoners took a lodging of me, and used to take a candle at regular hours to go to bed.

RAMSAY's DEFENCE.

I bought this property; I went into a house with a man, who said he was going abroad, and had got two neckcloths, and a pair of stockings to sell, and I gave him 18 d. and a pot of beer for them.

[Murray did not say any thing in his defence.]

[Ramsay called his father, who said he had always behaved very well, till lately he had got into bad company.]

Both not guilty of breaking and entering the dwelling house, but guilty of stealing the goods to the value of 10 d .

Tried by the Second Middlesex Jury before Mr. BARON PERRYN .

PHILIP RAMSAY and WILLIAM MURRAY were indicted for burglariously breaking and entering the dwelling-house of Joseph Field , on the 12th of February , about the hour of twelve in the night, and stealing six pair of silk-stockings, value 30 s. three copper sauce-pans, value 12 s. seven linen caps, value 2 s. two pair of linen sleeves, value 6 d. two pair of mens leather shoes, value 3 s. a muslin handkerchief, value 6 d. and two gauze handkerchiefs, value 6 d. the property of the said Joseph, in his dwelling-house .

JOSEPH FIELD sworn.

I am a bricklayer , and live in Westminster . On the 12th of February I went to bed a little after nine o'clock; I shut the doors and windows myself before I went to bed; when I came home about nine in the morning, my wife told me the house had been broke open; I did not observe it when I went out early in the morning to work; they had taken a pane of glass out and opened the casement.

ANN FIELD sworn.

I am the wife of the last witness; I got up between six and seven o'clock, and missed the things mentioned in the indictment (repeating them) out of my kitchen; I saw them in the kitchen before I went to bed; a square of glass had been taken out, by which means they opened the window; when they went away, they fastened it again; my husband was gone out to work; he lies in the parlour; he went out at the fore door, without going into the kitchen; he did not return till nine o'clock. I saw part of my things at Sir John Fielding 's, which had been found by M'Donald in the prisoners lodgings: on my saying at the Justice's I had not found my silk-stockings, nor saucepans, Ramsay said, if the Justice would admit him King's evidence, he would tell where the stockings and the rest of the things were, and would tell of a great many more robberies that had been committed; they would not let him turn evidence; they said there was evidence enough without him.

[ Dennis M'Donald deposed that he took the prisoners in bed, and found part of the things mentioned in the indictment in their lodgings, which were produced in court and deposed to by the prosecutor.]

[ James Hyde confirmed the testimony of M'Donald.]

GEORGE WHITROL sworn.

The prisoners rented the apartment of me where the things were found.

RAMSAY's DEFENCE.

On Friday morning, going by Charing-Cross, we found a parcel of wet things in a bag; seeing a great many of them very old, we threw them down in the room till these men came.

MURRAY's DEFENCE.

I can say no more than he has said.

BOTH GUILTY Death .

Tried by the Second Middlesex Jury before Mr. RECORDER.

246. GEORGE ROBINSON was indicted for burglariously breaking and entering the dwelling house of> John Miller , on the second of February , about the hour of two in the morning, and stealing a mans hat, value 10 s. a bath beaver coat, value 16 s. a pair of everlasting breeches, value 1 s. a linen sheet, value 1 s. 6 d. a cotton petticoat, value 1 s. a wooden box, value 1 s. and 12 s. in monies numbered, the property of the said John, in his dwelling-house .

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

247. WILLIAM MITCHEL was indicted for stealing eighty-three yards of goldlace, value 8 l. the property of Kempe Brydge , Kempe Brydge , junior , and Thomas Tatlock , in the dwelling-house of Kempe Brydge , January 15 .

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

248. EDWARD SMITH was indicted for stealing two cloth coats, value 40 s. two cloth waistcoats, value 20 s. two pair of cloth breeches, value 20 s. and an unfinished mateen coat, value 20 s. the property of John Lewick and Francis Const , in their dwelling-house , February 4 .

STEPHEN POLLARD sworn.

I am servant to the prosecutors, who are taylor s; on Wednesday, between five and six in the evening, when I was in a room adjoining to that in which the cloaths mentioned in the indictment were, I heard my fellow servant, who was coming down stairs from the shop, call out stop thief; I opened the door and saw the prisoner throw the cloaths down in the passage; I called out stop thief; the prisoner ran out and shut the door in my face; I opened it and pursued and took him.

WILLIAM ILLINGSWORTH sworn.

I am servant to the prosecutors; I saw the prisoner come out of the room with the cloaths over his arm; I asked who he was, or what he wanted? he made me some answer, but I cannot tell what he said; I immediately cried out thief, thief; he threw down the cloaths and ran out; we pursued him and took him.

[The prisoner in his defence called a master taylor who had known him ten years, and who gave him a very good character.]

GUILTY of stealing to the value of 39 s .

Tried by the Second Middlesex Jury before Mr. RECORDER.

[Branding. See summary.] [Imprisonment. See summary.]

249. PETER CEPPI , otherwise SCIPIO , was indicted for wilfully, maliciously, and feloniously shooting at Henrietta Knightley , with a certain pistol, loaded with gunpowder and a leaden bullet, on the 18th of January , the said Henrietta being in the dwelling-house of James Draper , against the statute, &c.

THE JURY.

John Robertson ,

Barto Valle,

John Groom ,

John Joseph Molini ,

Thomas Cubbit ,

Joseph Scerafini ,

Edward Orgill ,

Lewis Poesch ,

William Sparrow ,

Lewis Cartier ,

Robert Hanbury ,

J. Christopher Eichorn .

[The prisoner being a foreigner, and not compleatly understanding English, an interpreter was sworn.]

HENRIETTA KNIGHTLEY sworn.

On the 18th of January, at between ten and eleven in the morning, while I was in bed, at my lodgings, in the house of Mr. James Draper , which house was taken care of by a Mrs. Robinson, the prisoner came into my chamber; he locked the door, and sat himself down in a chair, and said, he was come to do my business, or to some such purport; I then asked him to let me get out of bed, and I did rise; then he took two pistols out of his pocket, one larger than the other; he returned the larger one into his pocket again; I went towards the door with a view to open it, and to get out; he stood with his back to the door; I asked him to go out, and eat some breakfast with me; he answered, he would have no breakfast, he would give me a good one. I then called out very loud to Mrs. Robinson, that the man had a pistol; upon this, the prisoner pulled off his great coat, and I saw him cock the pistol which he held in his right-hand; I went towards my bed, and said, pray don't kill me, and I bid him put away his pistol, for that if any one saw it he would be hanged; I drew up as close to the curtain as I could; the prisoner then stood at about the distance that the counsel is from me (about two yards); he ran up towards me, and fired the pistol which he held in his right-hand at me; I fell against the wainscot; I was sensible of the stroke of the ball; the prisoner threw himself across the bed, and I heard another pistol go off, but I did not see the second pistol in his hand. Upon this, the washer-woman came up, and broke the lower pannel of the door of the bed-chamber, and dragged me out through the hole; the prisoner followed me through the same hole, and then went out.

SARAH COLLINGS sworn.

I live in Mr. Draper's house. Between ten and eleven in the morning of the day the pistol went off, the prisoner came up the garret stairs; I was upon the landing-place; he enquired of me for some person, but I did not rightly understand the name; I said I did not know the person, but Mrs. Robinson was below in the two pair of stair's room; the prisoner went down stairs again, as I believe, to Mrs. Robinson; but I saw no more of the prisoner; but I heard Mrs. Robinson in three or four minutes call to me, that there was a man about to murder the lady, and she desired me to call the washer-woman; I went down, and did so; I came up stairs again, and heard two pistols go off; in going down stairs I met Mrs. Robinson running up; she said the man had murdered the lady; then I came down stairs, and saw Mrs. Knightley standing at the door; her breast was naked, and the blood was running down, and I helped her to a chair.

ELIZABETH ROBSON sworn.

I have the care of Mrs. Draper's house; I was in the fore-room of Mrs. Knightley's apartments, between ten and eleven in the forenoon, on the Queen's birth-day, the 18th of January; the prisoner came into this fore-room; I asked him what he wanted? he asked for some person; he mentioned a name; I told him that no such person lived there; he then ran to Mrs. Knightley's bedchamber door; he went into the room, and I heard the key turn; I tried to open it, but found the door fast; I called to the prisoner to open it; he answered, that he would not, for that she was his wife; Mrs. Knightley cried out, that it was no such thing; I said, that if she was his wife he should not be there; Mrs. Knightley again said, she was not his wife; I heard many other words between them, which I did not understand; I said, if he did not come out of the room, I would call Mr. Robinson; Mrs. Knightley desired me to call him, and said you know what I mean.

What did you understand by that? - She afterwards said she meant a constable. I desired him to open the door, or I would alarm the house; he gave no answer. Mrs. Knightley cried out, Christ Jesus, he has got a pistol! I went to the window and cried out, fire, murder, thieves, to alarm the street. I went up stairs to call some one, and heard the report of a pistol; the chairwoman broke the pannel of the door, and called to me to run after the prisoner. As I was coming from the garret, I saw Mrs. Knightley at the door of the fore-room, upon the landing place; she said, see how the villain has murdered me; she opened her handkerchief, and the blood was running down. I had never seen the prisoner at the house before; I had never seen him before any where to the best of my knowledge; I have lived in this house near a year and half; Mrs. Knightley has been there somewhere about three months.

Mr. WILLIAMS sworn.

I am a surgeon; I was called on the 18th of January last, between eleven and twelve o'clock, to see Mrs. Knightley; I have attended her ever since; I found her sitting in a chair with a wound on her breast; the wound was through the breast-bone; it appeared to me to be a gun-shot wound; it had something of a burnt appearance; at first, I thought she was in danger; she is now recovering; here is the ball I extracted (producing it.)

Court. The degree of the wound is totally immaterial; the offence by this Act of Parliament is maliciously shooting at any one.

Mr. Williams. The ball passed through the cavity of the thorax, and lodged about eight inches distant in the side; I apprehend it missed the lungs; the ball passed in at the left-side into her right, at the distance of about eight inches, and lodged in the integuments; I made an incision upon the part where the ball lodged, and extracted it.

Does any of the linen or wadding remain now in the wound? - There was a little piece of linen I took out after I had enlarged the wound.

PRISONER's DEFENCE.

Mrs. Cross is the landlady of the house where I lived ten months before with this lady (Mrs. Knightley); she can speak for the lady, and for me too. This lady, after living with me ten months, and had promised me marriage, removed from this Mrs. Cross's house to Mrs. Robinson's, and cohabited with a Jew, a Mr. Leverman; he is an artificial flower-maker; she removed her lodgings, and cohabited with a Jew, because the master this Jew worked for would not let him be in Mrs. Cross's house; so the Jew took that lodging at Mrs. Robinson's, and I followed her there, and she even the day before promised me matrimony, and promised me a sum of money, that she always told me she had; she succoured me with money at many times; I went with an intent to kill myself before her, and not to kill her; I appeal to her myself, whether I did not go with an intent to shoot myself.

To the Prosecutrix. What do you say to that? - I do not know what he meant to do, but he shot me with a pistol.

Court. Have you any reason to believe that what he suggests is truth, that he came with intent to kill himself? - I do not know whether he might, or might not, with the other pistol.

Prisoner. Three nights before this happened, I attempted before her to shoot myself, and hit my head against the wainscot; and she asked me if I was mad.

Court. Had you seen him three nights before? - He did not come three days before as he says; it was a fortnight.

For the Prisoner.

LOUISA CROSS sworn.

I am a German; I am very sorry to say any thing; the prisoner and the gentlewoman lodged in my house both together, and very happy, I believe; they came there in the beginning of last summer; they staid there till a month before this unhappy affair happened; but she spoke to the prisoner in my house but two days before this affair happened; she called several times.

Court. Mrs. Robinson speaks of her being at her house three months.

Mrs. Robinson. She came the fortnight before Christmas.

Cross. She left him in my house with me; he was exceedingly fond of her, till she wanted to get shot of him; she did not like to stay with him any more; they behaved very quiet both of them; she then told me that she was not his wife; but before that, she had the receipts given her in the name of Mrs. White, which she said she did that her relations should not know she was married to a foreigner; it was after she went from my house that she told me she was not married to the man; before she went, I understood that she was; and they both lived very happy together; she called upon him several times, and two days before this accident happened; she called upon him the Friday before this happened upon the Sunday; I had much trouble with him, for he said he would hang himself, would kill himself, or would shoot himself; so I made him leave my house, because I was frightened. On a Friday, two days before this happened, both this gentlewoman and he came together to my house, and he told her he would buy, or had bought, pistols, or something of that sort; and he would go into her lodgings and shoot himself in her presence, and if one pistol would not do, he would have another, and he would lay his dead bones on her side; and the gentlewoman was very angry that he should be so foolish; he said he could not live without her, for he would kill himself; and I told him he was a fool, and he should not come any more into the house.

Court to the Prosecutrix. This woman says, that you and the prisoner came together to her house on the Friday preceding the day on which this happened? - That is not true.

Was you at Mrs. Cross's house the Friday before this happened? - No; it was on the Saturday week before this happened; the prisoner told me, Mrs. Cross wanted to speak to me; I saw him in the street; I went to Mrs. Cross's that same day about ten o'clock.

Was the prisoner with you? - No; I came just by the door, and saw him coming up the street towards me.

What happened? Did he talk about shooting you? - No; he never mentioned a word,

Did you ever hear him say then, or at any other time, that he would come and shoot himself, and die by your side? - He told me about ten days before, that he would come and shoot himself, and me first; I met him then accidentally; he did not say any such thing at Mrs. Cross's house.

Prisoner. I have no other witnesses here; but I could prove what Mrs. Cross has asserted by twenty people.

GUILTY Death .

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

250, 251, 252. ANN SILK , WILLIAM RICHARDS and ROBERT RIDER , were indicted for stealing one half crown, and one silk handkerchief, value 2 s. the property of Thomas Vanderplank , January the 20th .

THOMAS VANDERPLANK sworn.

I am a servant out of place ; I lived last with Lord Camden. On the 19th of January, I had been out spending the evening; as I returned, about half past eleven, Ann Silk picked me up, and took me to her lodging in Carlisle-court, Saffron-hill ; the other two prisoners were in the room; she called them her brothers; I gave her a shilling to get something to drink, and staid above half an hour; she returned without any liquor, but said she had left the shilling with a person who would bring something; they detained me a great while; it being then so late, I desired them to let me stay there all night, and I would satisfy them for it; I fell fast asleep, and Ann Silk took a half crown out of my pocket and a silk handkerchief; they then snatched the candle away, and one of the boys snatched my watch out of my pocket; I lost half a guinea and five shillings besides the half crown, which was a King William's; there was a King William's half crown and my handkerchief found upon her when she was taken.

SILK's DEFENCE.

He gave me the handkerchief and half crown.

[The other two prisoners were not put upon their defence.]

ANN SILK GUILTY of stealing to the value of 10 d .

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

[Whipping. See summary.]

253. EDWARD FOSSETT , otherwise FAUCETT , was indicted for stealing a gelding, value 15 l. the property of William Palmer , February the 18th .

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

WILLIAM HOLMES sworn.

I am a servant to Mr. Palmer, a stable-keeper , in South-street, Berkeley-square. On the 8th of February, I had been with a horse to Barnet; I had two bridles, one on his head, the other tied loose round his neck; as I came back, I called at the Maidenhead, on Windmill-hill, Moorfields , to leave a watch; I hung the bridle of the horse on a hook at the door; when I had been in the house about fifteen minutes, a person came in and told me, my horse was gone; I and another young man went in search of the horse, but could not find it; when we returned, we heard that the prisoner and Foster, who keeps a shed to boil down horses, had been seen in the house, and were suspected; we were directed to Foster's house, in Allan-street; the young man went and looked over the wall, and saw Faucett walking about the yard; he asked the watchman, if he saw a horse brought in there; upon that, Faucett came out and fell upon Mr. Crawford, and beat him; I ran and called the watchmen, and we were all taken to the watch-house together; the horse was dark brown, with a switch tail; while we were in the watch-house, a man came and said, there was a horse gone out of Allan-street up to the turnpike; the patrole went and brought it back, and it was the same horse I had lost.

THOMAS CRAWFORD sworn.

I went with Holmes to Allan-street, in search of his horse; I went to the watchman, and asked if he had seen such a horse come there; he said he had not; my fellow-servant looked over the wall; the prisoner came out, and called Frank, Frank; and fell upon me directly.

JOHN COVELL sworn.

I went with Holmes to Allan-street, in search of his horse; I looked over the wall, and saw Faucett in the yard; he asked what I wanted; I said what was that to him; upon which he came out and beat us.

Do you know what business is carried on there? - Horse-boiling.

ELIZABETH NEWTON sworn.

I keep the Maidenhead at Windmill-hill, near Old-street; Holmes called at my house, and left his watch to be repaired; Faucett came in with another man, and had a pint of beer; he asked me if I knew Colin Perry ; I told him I did; he said he was his father-in-law; the horse was at the door when he went out; it was missing just after; they went out after the horse, but could hear nothing of him; when they came back, somebody said that if Faucett was in the house, they supposed that the horse was killed by that time; they directed them where Faucett lived.

Prisoner. Whether she would have known me, if I had not made myself known to her? - No; I should not.

Did the prisoner come there on horseback? - No; on foot; they were both on foot.

EDWARD LEE sworn.

I am a patrole, in Tabernacle-walk; I was at Mrs. Newton's, the Maidenhead, on Sunday the 8th; I saw the prisoner there; I perfectly remember his face; there was a horse with a ragged nag tail at the door; he had a bridle round his neck, and another on his head, which hung to a hook; I had not been in the house five minutes, before the prisoner and another man came in for a pint of beer; the prisoner said to Mrs. Newton, do you know Colin Perry ? she first said, no; then turned round and said, Colin Perry that worked in Warring's yard? He said, yes, he married his daughter; they went out of the house; there was then a horse at the door; Holmes, who was then in the house, missed the horse in about five or six minutes; it was then about twenty minutes after nine at night.

THOMAS PRICE sworn.

I have known Faucett a great many years; I saw him, on Sunday the 8th of this month, in Old-street, on horseback with another man; he rode a dark coloured horse with a long tail; they were going the direct road from Windmill-hill to Allan-street; it was between nine and ten o'clock; I do not know where they went.

MARY SPARKES sworn.

I live in Allan-street near Faucett's yard, where they carry on the business of horseflesh boiling; there was a horse brought in that night between ten and eleven o'clock; there was a riot at about twelve o'clock, and I heard a horse come out of the yard; I do not know who took it in.

JOSEPH BOSTICK sworn.

I was constable of the night, and watch-house keeper of Clerkenwell; there was a riot on Sunday night the 8th, in Allan-street, before Foster's, which is a horse-flesh yard; the watchman and one of these young men came to the watch-house; we went and brought Faucett and another man down to the watch-house; when they had been at the watch-house about a quarter of an hour, Gostick, the patrole of Goswell-street, came down to the watch-house, and asked if the young man was there who had lost a horse; I told him he was; he said it came out of the yard, and was gone to the turnpike; we went, and found the horse at Goswell-street turnpike; and then went to Allan-street, and searched Foster's yard, and found a bridle in a loft over the stables where they kill the horses.

[The bridle was produced in Court, and deposed to by Holmes.]

WILLIAM GOSTICK sworn.

I am a patrole. On Sunday the 8th of this month at about half past twelve o'clock, I saw a horse come out of Allan-street with a saddle and bridle, and go up to the turnpike; I followed the horse to the turnpike, and desired the turnpikemen to take care of him; I went to the watch-house, and the constable and Holmes and I went and got the horse; then we went to Allan-street where they kill horses, and found a bridle in the loft.

[ Thomas Murrell , the constable, confirmed the evidence of the last witness.]

[ William Palmer and William Holmes deposed to the bridle, which was produced in Court; and Holmes deposed, that the horse, found at the turnpike, was Mr. Palmer's property.

PRISONER's DEFENCE.

I know nothing about the horse; I was at this gentlewoman's house and had a pint of beer; if I had meant to steal a horse, I should not have made myself known to her; I never saw the horse.

GUILTY Death .

Tried by the First Middlesex Jury before Mr. RECORDER.

254. GEORGE BARLINGTON was indicted for stealing a horse, value 15 l. the property of William Palmer , February the 8th .

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

255, 256. WILLIAM RICHARDS and ROBERT RIDER were indicted for stealing a silver watch, value 3 l. a steel watch-chain, value 2 s. a cornelian seal set in gold, value 20 s. and a cornelian seal set in silver, value 3 s. the property of Thomas Vanderplank , January the 20th .

BOTH NOT GUILTY .

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

257. JOHN MORETON was indicted for stealing two linen aprons, value 2 s. a linen handkerchief, value 2 d. a pint glass bottle with a mixture therein, value 4 d. a pair of women's leather gloves, value 2 d. and two linen stomachers, value 2 d. the property of John Gittos , February the 8th .

NOT GUILTY .

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

258. MARGARET WEBSTER was indicted for stealing two pieces of linen, value 5 s. a linen gown, value 5 s. a silk handkerchief, value 1 s. a muslin apron, value 1 s. 6 d. a linen handkerchief, value 1 s. two linen caps, value 9 d. and 12 s. 6 d. in monies numbered , the property of Patience Hughes , spinster , February the 12th .

PATIENCE HUGHES sworn.

I am a servant at the Castle-inn, in Piccadilly ; I went into this service about a month before I lost the things; the prisoner came into the service at the same time. On the 11th of this month, I lost the things mentioned in the indictment (repeating them); they were all in my box; the prisoner was much intoxicated with liquor on the night of the 11th, and, by the direction of my master, I carried her up to bed in the room where my box was, at about ten o'clock; when I went to bed, between eleven and twelve, the prisoner was decamped, and I missed the things; I suspected her, and she was taken on Saturday morning at the Blue Archor, in Peter's-street, Westminster, where she had lodged before she came to the Castle-inn; when she was taken, all my things were found upon her, except a gown and piece of linen, which she said she had pawned; she took us to the pawnbroker's, where we found them.

[The gown and piece of linen were produced in Court by Henry Legg , servant to Mr. Stokes, a pawnbroker, and the things found on the prisoner were likewise produced, and were deposed to by the prosecutrix.]

PRISONER's DEFENCE.

I pawned the things by the prosecutrix's order; the other things she lent me.

Prosecutrix. That is entirely false.

GUILTY .

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

[Branding. See summary.] [Imprisonment. See summary.]

259, 260, 261, 262. MATTHEW JONES , JEREMIAH CLARKE , SARAH, the wife of Jeremiah Clarke , and MARGARET BEALE , were indicted, the two first for burglariously breaking and entering the dwelling-house of Richard Wallis , on the 4th of February , about the hour of six in the night, and stealing two cloth coats, value 7 s. two cloth waistcoats, value 3 s. five linen table cloths, value 10 s. a linen shirt, value 3 s. a pair of women's stays, value 20 s. a woollen blanket, value 10 s. a silk gown, value 10 s, four linen gowns, value 40 s. two stuff gowns, value 15 s. a pair of linen sheets, value 5 s. a linen apron, value 2 s. a linen towel, value 6 d. and a black callimanco cloak, value 2 s. the property of the said Richard in his dwelling-house ; and the other two for feloniously receiving parcel of the above goods, well-knowing them to have been stolen .

RICHARD WALLIS sworn.

I am a shoemaker at Hoxton ; my house was broke open on the 4th of this month; I was in town at the time; my daughter met me, and informed me of it; when I came home; I missed the things mentioned in the indictment (repeating them); they had attempted to break the door open; they had wrenched it a little at the bottom, and broke a splinter off; but not being able to wrench it open, they went to the shutters, and wrenched them open; they were put to, but not fastened on the inside, but they stick very fast; there was the mark of a crow, or something, with which it had been wrenched open.

ELIZABETH WALLIS sworn.

On the 4th of this month, I was at my father's house at Hoxton; I went out at about six in the evening; I locked the street-door, and put to the window shutters, but did not fasten them on the inside; they stick very close; the sash-window was not open; I went to my sister's in the next garden; as I was returning, about ten minutes after six, I heard somebody climbing ov er the sash on to the table that stood in the inside of the window; the sash slides down; I went back, and told her somebody was in the house; I was afraid to go out again, as there was nobody there but she and I till after seven o'clock; when they were gone, then I missed the things mentioned in the indictment; I went out and met my father, and acquainted him with it; I did not see any body in the house.

RICHARD MORAUNT sworn.

On the 5th of this month, Joseph Mardell and his brother and I went to the Spread-Eagle, in Kingsland-road; we were informed that some persons who had stole some things were to meet with Mrs. Clarke; after we had waited two hours, Matthew Jones and his brother came there; we left Mardell below while we went up to Mrs. Clarke's room, and asked for her; somebody answerered from within, that she was not at home; we went to break the door open, and the two men jumped out of the window; we found only Mrs. Clarke in the room; I asked Mrs. Clarke where the men were; she said, they were jumped out of the window; I found these things in the room; I have had them ever since [producing some of the things mentioned in the indictment, and which were deposed to by the prosecutor.]

JOHN ARMSTRONG sworn.

I saw Matthew Jones and another man running. Sir John Fielding 's men cried stop thief; I stopped Matthew Jonse , and delivered him to Joseph Mardell .

[ Robert Watkins , a pawnbroker, produced two table cloths, which he deposed he took in pawn of Beale, and a black coat and waistcoat, which he took in pawn of William Jones , who was not in custody.]

[ John Burridge produced a blanket, which he took in pawn of Sarah Clarke ; and William Wright , a pawnbroker's apprentice, produced a pair of stays, which he took in pawn of Sarah Clarke ; all of which were deposed to by the prosecutor.]

RICHARD HOLDGATE sworn.

I am headborough of Shoreditch parish. I took Jeremiah Clarke ; he had a shirt of the prosecutor's on when I took him.

[It was produced in Court, and deposed to by the prosecutor.

JOSEPH MARDELL sworn.

I went with Moraunt and my brother to Kingsland-road after Matthew and William Jones ; I was left below; I saw Matthew Jones running away; I called stop thief, and he was taken.

JEREMIAH CLARKE 's DEFENCE.

I heard my wife was in prison; I went to her, and got the key; she said there were some shirts in the box; I put one on; I did not know that it was stole.

SARAH CLARKE 's DEFENCE.

I bought the shirt of Jane Fletcher ; she said her husband was sick, and she was obliged to sell it; there are six rooms in the house let out in lodgings; I defy them to say they found any thing in my lodgings.

BEALE's DEFENCE.

I know nothing about it; I did not pawn the things.

MATTHEW JONES's DEFENCE.

I was above three miles from the place when this fact was committed.

For Jones.

MARY BENTLEY sworn.

On Wednesday the 4th of February, Jones was at work with me till dark, two miles from Hoxton.

Another Witness sworn.

Jones was at our house in bed on the 4th of February, at half after eight o'clock.

MATTHEW JONES NOT GUILTY .

JEREMIAH CLARKE NOT GUILTY of the burglary, but guilty of stealing the goods .

SARAH CLARKE NOT GUILTY .

BEALE GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

SARAH the wife of Jeremiah Clarke was indicted for burglariously breaking and entering the dwelling-house of Miguel Dias De Faria , on the 24th of December , about the hour of seven in the night, and stealing a copper stew-pan, value 12 s. the property of the said Miguel Dias .

MIGUEL DIAS DE FARIA sworn.

I live in Tokenhouse-yard. I have a house a little way out of town; I was informed by my gardener, who is not here, that my country-house was broke open; they got in at the wash-house door; it was broke open three times; I lost to the value of 60 l. the stew-pan was taken the second time. I was in town then.

JOHN BURRIDGE sworn.

The prisoner pawned the stew-pan with me, on the 24th of December, at about nine at night.

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

PRISONER's DEFENCE.

I never saw the stew-pan.

NOT GUILTY of the burglary, but guilty of stealing the stew-pan .

Tried by the First Middlesex Jury before Mr. RECORDER.

[Imprisonment. See summary.] [Imprisonment. See summary.]

263. WILLIAM WATSON was indicted for wilfully, maliciously, and feloniously shooting at John Johnson with a gun, loaded with gun-powder and divers leaden shot , against the statute, &c. January the 26th .

NOT GUILTY .

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

264. DONALD CAMERON was indicted, for that he in the King's highway upon Nathaniel Aked did make an assault, putting him in corporal fear and danger of his life, and stealing from his person 3 guineas and 5 s. in monies, numbered, the property of the said Nathaniel , January the 9th .

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

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

265. THOMAS HUGHES was indicted for stealing four linen shirts, value 20 s. four pair of thread stockings, value 8 s. two linen handkerchiefs, value 2 s. two steel razors with horn handles, value 2 s. a man's hat, value 1 s. a green silk purse, value 1 d. and 48 guineas, the property of Alexander Foubister , in the dwelling-house of the Honourable Bridget, Countess Dowager Morton , January the 20th .

ALEXANDER FOUBISTER sworn.

I am servant to Lady Morton, and live in her house, at Chiswick . On the 20th of last month, at about seven in the morning, I went out; I shut the gate after me; when I returned I found my box broke open, and the things mentioned in the indictment were taken away; the prisoner, who had been postillion to Lady Morton, was discharged seven or eight weeks before for a misdemeanor.

JONATHAN HILL sworn.

I know the prisoner; we lay together on

the night of the 19th of January; he got up, I believe, about four in the morning; I think the watchman went four just after.

JANE BAYNES sworn.

I keep the house where the prisoner and Hill lodged. On the 20th of January, the prisoner came home in the morning; I cannot be particular to the time he went up stairs; I think he had a little bundle in a handkerchief, but I cannot swear to it; he had a large hat on; I took notice of that, and said, if he had not spoke, I should not have known him; I thought he had been to help somebody in the stables, and borrowed that hat to save his own; he came in the afternoon between two and three to dinner.

Had he the same cloaths on then that he had before? - No; the cloaths he has on now, I believe, and a laced hat, which hat and cloaths I had never seen before.

ALEXANDER SIMONS sworn.

I bought some old cloaths of a person; I don't know whether the prisoner is the man, or no.

How was he dressed? - In such cloaths as the prisoner has on now, but I cannot say that is the man; it was on a Tuesday, about three in the afternoon, just by Holborn.

Could your recollect the man when you was at Sir John Fielding 's? - Yes; but I cannot swear to him.

Did you swear to him before Sir John Fielding ? - I don't know; I can't swear to him.

Court. Whether when you was before Sir John Fielding you did, or did not, swear to the man? - I am not positive, it is so long ago; I am very forgetful, it is five weeks ago; I don't know whether I did swear, or did not swear, to him.

Will you swear you did not point to the man before Sir John Fielding , and say, that is the man? - I did point to him, and say, that is the man.

Was not you upon your oath then? - Yes; but I was not sure to the man I pointed at; I bought a coat, waistcoat, and breeches of him; I found a key in the pocket, and two odd stockings.

[They were produced in Court.]

To Foubister. Do you know those cloaths? - No.

Baynes. He used to wear such cloaths, but I cannot swear to these.

JOSEPH STEVENS sworn.

I am a hatter. I sold the prisoner this silver-laced hat, on the 20th of January, between nine and ten o'clock.

JOHN CASWELL sworn.

I am a salesman in Monmouth-street; I sold a thickset frock to a man like the frock the prisoner has on; I believe the prisoner is the man I sold it to, but I cannot swear to him; there is my master's mark in the inside of the sleeve, if I could see that I could swear to it (the witness inspects the coat); there is my master's mark; I believe it is the coat I sold that day; the collar was altered for him; I believe he had the silver lace himself.

JOHN BURKETT sworn.

I am a chimney-sweeper. On Tuesday will be five weeks, a man at Stevens's shop door called me over, and gave me an old hat; I don't recollect the man; I only just went over the way, and took it, and turned away again.

Stevens. He had a hat; I don't know how he disposed of it; I was gone in to get change for a guinea.

JAMES ROBINSON sworn.

I am coachman to a gentleman. I saw the prisoner on the 20th of January; he was dressed in a thickset frock with a red cape, but I don't know whether there was any lace upon it; and, I believe, he had on a thickset waistcoat and boots; it was between three and four in the evening, as near as I can recollect; the cloaths he used to wear were like those produced, but I cannot positively swear to them; I asked him, if he was gone to his place, as he had told me he had got a new place; he said, Yes; groom to a single gentleman who was going soon to Bath; I asked him, if he had heard what had happened at Chiswick; he said, No, and asked me what had happened there? I told him Foubister was robbed, and Susan almost murdered; I said, as he had lately come from the family, he would most likely be suspected.

From the Jury. Did you observe any alteration in his countenance at that time? - I cannot say that I did; I asked him to go with me to Lady Morton's, and let them know he was in place, and then he would be clear of suspicion; he said, he would go with me at any time; I was just come in with my carriage; I got a young man to help me to take the horses out, that we might go directly to Lady Morton's; the prisoner desired me to go into a public-house, and call for a pint of beer, while he went to deliver a message in Bond-street, which was just by, and he would come to me; I went, and had a pint of beer, and waited for him ten minutes, or a quarter of an hour, but he never came.

DAVID PROTHERO sworn.

I attend at Sir John Fielding's office; Mr. Bond and I went in pursuit of the prisoner, on the 21st of January; I enquired at several inns to see if I could trace his going off into the country; I had a description of his person; at about ten at night, on Wednesday the 21st, I heard at the Bull and Mouth-Inn, that such a man had gone on the outside of the Worcester coach on the night before (Tuesday night.) Mr. Bond and I set off at about eleven o'clock that night; we got to Oxford at about six in the morning; we waited for the book-keeper getting up, and then enquired whether he had gone any further; the book-keeper told us such a person was gone into Worcester; we went into Worcester; we got there at about six o'clock on Thursday night; we staid there till about four o'clock on Friday; when we found that the prisoner had hired a horse to go to Ludlow, we traced him from Worcester to Ludlow, from Ludlow to Bishop's-Castle, and from thence to Montgomery, where he had changed his horse; at about seven in the morning I found him at his mother's house at Kellhull; on Saturday morning at about seven o'clock I rode up to the door, got off my horse, and ran into the house; I met his mother; I asked where her son Tom was? she said he was in bed; I went into the room where he was, and said Tom, you must get up; he said,

"O Lord! O Lord! have mercy upon me;" he got out of bed directly; I asked him where the things were that he had stole?

From the Jury. Did he make that exclamation before you accused him? - Yes; I had been informed, that he had a saddle-bag; I asked where it was? he said it was not there; in searching about the room, I found a little closet under the stairs; there I found the saddle-bags; I opened them, and found that some of the things in the bags tallied with those that were described to me as lost; I then told him he might as well tell me where the money was, for that there was evidence enough against him, or I would not ask him to take any advantage of him in any shape, and it was no use to keep it from the poor man; he asked me whether the man would have it again, if I found it? I told him he would; the prisoner then told me it was in a purse in the cupboard in the other room; I found there thirty-six guineas; I never saw a prisoner behave so well as he did in my life; I brought him to London with the things I found there; I believe there is every thing that was lost, except twelve guineas; this shirt (producing it) he had on, and the laced hat hung upon a nail in the room; he put it on to come to London.

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

PRISONER's DEFENCE.

Prothero has some things he took from me which are my own property, some cloaths and a watch; I beg your Lordship to order him to restore me my watch.

GUILTY Death .

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

266. JOHN CHAMBERS was indicted for stealing a cloth livery waistcoat, value 2 s. the property of the Right Honourable Henry Earl Bathurst , January the 27th .

MARY NEWTON sworn.

I am a servant at my Lord Chancellor's. On Tuesday the 27th of January, as I was going up stairs, I met the prisoner coming down stairs with a coat and waistcoat; he being a stranger, I stopped him, and asked him what business he had there? upon which he dropped them; some of the men came and secured him, and he was committed.

PRISONER's DEFENCE.

I never had the coat and waistcoat.

GUILTY of stealing to the value of 10 d .

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

[Branding. See summary.] [Imprisonment. See summary.]

267, 268. WILLIAM LARKEY and THOMAS POLLARD were indicted for stealing a hair trunk, value 5 s. fifteen linen shirts, value 7 l. a mahogany writing-box, value 20 s. a man's cotton gown, value 6 s. six linen towels, value 3 s. four white dimity waistcoats, value 20 s. four pair of white dimity breeches, value 20 s. a pair of black silk breeches, value 10 s. two clasp knives, value 6 d. two red morocco pocket-cases, value 1 s. and five mourning buckles, value 1 s. the property of William Macbean , January the 31st .

BOTH NOT GUILTY .

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

269. GEORGE CHARLWOOD was indicted for stealing a brown mare, value 3 l. the property of William Till , January the 2d .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

270. MARY PRICE was indicted for stealing a gold-ring, set with eight brilliant diamonds, value 50 l. the property of Edward Reynolds , Esq . October the 21st .

EDWARD REYNOLDS , Esq. sworn.

The prisoner lived servant at my house. On the 18th, I think it was of October, the last day of the sessions (it was very late at night before the sessions ended) I had engaged to go to Mrs. Reynolds at Richmond, supposing the sessions would finish early; I ran to Goldsmith's-hall; my carriage was waiting for me; I did then as I commonly do, put my keys, money, and rings in an inner closet; I put this ring on an upper-shelf in the corner of the closet; I returned to town on Tuesday morning; when I went up to dinner, I saw this closet door open; I asked the meaning of it? Mrs. Reynolds said, the closet had not been cleaned out a long time, and she had employed this woman (the prisoner) to clean it, and that she had removed all the papers and things into a drawer; I turned over the papers, but could not find the ring; I called up the prisoner, and asked her what she had done with my ring which she had taken off the top shelf; she denied knowing any thing of it; I enquired of my other servant in town; then I went down to Richmond, and enquired if the servants had seen any thing of it there, or if it had been dropped in the chariot, but could hear nothing of it. On this day was three weeks, as I was going to the play, a young man came to Goldsmith's-hall to see if there was any notice left there of a ring being lost; I told him I had lost one myself; I described it to him; he said, a woman had left such a ring, and was to call again in the afternoon. I desired him to stop the person that brought it; in consequence of which, the prisoner was stopped.

JOHN JANAWAY sworn.

On the 31st of January, the prisoner brought this ring to the shop of my master, who is a jeweller; she told me she had got a little ring to sell; I asked her what she expected for it; she said, she did not know, but that her father said it was worth 100 or 150 l. but she did not care if she had less for it; she said, her father had left it her; that she was a housekeeper and in debt, and obliged to part with it; I told her it was a very valuable ring, and it being late on Saturday night, we had not money to buy it; but, if she would leave it till Monday, we would buy the ring, or return it to her; she returned in about half an hour, and desired to have the ring again; in the interim, I had told my master of it, and I went to Mr. Reynolds; when she returned, she denied knowing any thing of Mr. Reynolds.

[The ring was produced in Court, and deposed to by Mr. Reynolds.]

PRISONER's DEFENCE.

I resign myself up to the mercy of the court and my master.

[Mr. Reynolds gave the prisoner a good character.]

GUILTY . IMP. 1 year .

Tried by the London Jury before Mr. RECORDER.

271. JOHN DAY was indicted for stealing eight deal boards, value 15 s. the property of Elizabeth Serjant and John Statford , December the 5th .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

272. WILLIAM STEVENS was indicted for stealing a piece of velvidene corded cotton, containing twenty-nine yards, value 4 l. the property of Henry Foster and John Pearson , February the 5th .

HENRY FOSTER sworn.

I am a man's mercer ; I am in partnership with Mr. Pearson. On Thursday the 5th of December, between three and four o'clock in the afternoon, the prisoner was brought into my shop by two persons, one of whom had a piece of goods under his arm; they told me they saw the prisoner take it out of the shop.

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

JAMES GILDER sworn.

I work opposite Mr. Foster's; I saw the prisoner take a piece of stuff out of Mr. Foster's house, and go off with it; I pursued him; when I came up to him, he gave it to another person; I laid hold of the piece of stuff; he threw it down, and they both ran off; I pursued the prisoner, and he was taken.

[ Steven Morris confirmed the evidence of the last witness.]

PRISONER's DEFENCE.

I was not near the place.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Imprisonment. See summary.]

273. JONATHAN GOODMAN was indicted for stealing a wicker basket, value 1 s. a linen cloth, value 1 s. and forty-six pounds eight of butter, value 4 s. the property of William Adams , January the 31st .

WILLIAM ADAMS sworn.

I am a salesman in Newgate-market ; I left the butter in the care of my man; I know nothing of it myself.

JOHN THORPE sworn.

I am servant to Mr. Adams; I had the charge of this flat of butter with many more; I saw the prisoner take it and put it on his shoulder, and walk very sharp away with it; I followed him, and took him with it on his shoulder; I delivered it to the constable, who has had it ever since; the prisoner was taken to the Compter.

[The wicker basket was produced in Court by the constable, and deposed to by Thorpe.]

PRISONER's DEFENCE.

I am very innocent of the matter; I was going along, and saw the prosecutor struggling with a man that he had got down; I asked what was the matter; he said he believed I was one of the gang, and laid hold of me.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Imprisonment. See summary.]

274. ELEANOR ANDREWS was indicted for stealing a piece of printed cotton, containing four yards, value 10 s. the property of Samuel Kempson , February the 4th .

SAMUEL KEMPSON sworn.

On the 4th of this month, the prisoner came into my shop to buy some Irish cloth; when she was gone, I missed the remnant of cotton which was on the counter; I found out her lodging; she was there; I gave the constable charge of her, and she confessed she had taken it, and left it in Harp-alley; they went and got the cloth, and brought it to me.

[ Joseph Thompson , the constable, confirmed the evidence of the prosecutor.]

PRISONER's DEFENCE.

I was very much in liquor when I went into the shop; I found the cloth in my room in the morning; I do not know how it came there.

[The Prisoner called two witnesses, who gave her a good character.]

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

Tried by the London Jury before Mr. RECORDER.

275. PATRICK BRADY was indicted for stealing five pieces of beech wood, value 6 d. the property of John Davenport , January the 28th .

JOHN DAVENPORT sworn.

I am a wharfinger in White-friars ; I lost five pieces of beech; I can only speak to the property.

WILLIAM YOUNG sworn.

I took the prisoner with five pieces of beech, coming from Mr. Davenport's pile of wood.

PRISONER's DEFENCE.

The pieces of wood were lying in the kennel; I was going to put them up, and the watchman laid hold of me.

GUILTY W .

Tried by the London Jury before Mr. Baron PERRYN .

276. JANE LANE was indicted for stealing a pewter quart pot, value 10 d. the property of Joseph Spiller , January the 19th .

JOSEPH SPILLER sworn.

I keep a public house, the White-hart in Fleet-market . On the 19th of last month, the prisoner came into my house for a pennyworth of beer; when she was gone out, a man informed me she had stole a pot; I went after her, and found it upon her.

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

PRISONER's DEFENCE.

I am not guilty.

GUILTY .

Tried by the London Jury before Mr. Baron PERRYN .

[Whipping. See summary.]

277. RICHARD STEVENSON was indicted for stealing three live pigs, value 3 l. two saddles, value 12 s. and two bridles, value 3 s. the property of William Aislebie , Esq . February the 15th .

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

278. ROBERT GRACE was indicted for stealing a small bound printed book, called The Holy Bible, value 1 s. a fur muff, value 3 s. and a paper box, value 1 s. the property of Elizabeth Briggs , spinster , February the 7th .

ELIZABETH BRIGGS sworn.

Upon Saturday the 7th of February, Sarah Everest and I took a coach, in Cheapside, to go to Hoxton-square ; we had two bundles and two portmanteaus; one of the bundles, which contained the things mentioned in the indictment, was left in the coach.

[ Sarah Everest confirmed the testimony of Elizabeth Briggs .]

ANN FRENCH sworn.

I am a servant; I live at Hoxton-square; I took one of the portmanteaus out of the coach, and the prisoner brought in the other and one bundle; the other bundle was left in the coach; I happened to take the number of the coach, which was 162; I am sure the prisoner drove it.

JOHN GODDARD sworn.

I am a headborough at Hoxton; the prosecutrix sent for me, between five and six o'clock, to find out a hackney coach, No. 162, that a bundle had been left in; I had a catalogue of the things; I could make no discovery that night, the office being shut up. On the Wednesday I found the prisoner on his coach-box; I asked him where he drove the fare to on Saturday afternoon, he said to Temple-bar; I asked him if he did not drive a fare to Hoxton-square; he said yes, he drove two ladies there; he admitted he had the bundle, and said the person should have it; he went to his father, who was at a stand of coaches, and had some conversation with him; then he took the glass of the coach out which had been broke, and said he would go and fetch the bundle; he went away; I waited a great while, till I heard there was a bustle at a pawnbroker's, and the prisoner was stopped offering the things to pawn.

JOHN CARDY sworn.

I am a pawnbroker. On Wednesday at about one in the afternoon, the prisoner brought this bundle, containing the things mentioned in the indictment, to pawn; he said they were his own property; but being interrogated farther, he said they were left in his coach and had not been owned, and he had not been informed who they belonged to; I stopped him, and he was taken before a Justice and was committed.

PRISONER's DEFENCE.

I was desirous to find out who the things belonged to, but could not.

[He called his mother, who said he kept the bundle to see if it would be advertised.]

[He likewise called several witnesses, who gave him a good character.]

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

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

ROBERT GRACE was indicted for stealing two linen gowns, value 10 s. and nine yards of Irish linen cloth, value 10 s. the property of Sarah Everest , spinster , February the 7 th .

NOT GUILTY .

[There was no evidence given.]

279. THOMAS PENROY was indicted for stealing three pieces of printed callico, value 8 l. the property of Daniel Rutters , January the 27th .

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

280. JOSEPH MARTIN was indicted for stealing a silk cloak, value 20 s. a cotton gown, value 5 s. a linen shift, value 1 s. and one cheque apron, value 1 s. the property of Mary Felstead , spinster , August the 1st .

MARY FELSTEAD sworn.

I am servant to Mr. Heland, a glazier, in King's-street ; I lost the things, mentioned in the indictment, out of a drawer in the kitchen; I had seen them there about an hour before they were taken; as I was coming down the kitchen stairs, I saw the prisoner at the drawer; he was at work in the house; he went out; I followed him, and stopped him with the things upon him; I took some of the things out of a tin kettle he had got them in; he got from me, and was taken again on last Saturday; he was taken to Justice Welch's; he said he would give me the money the cloak cost, and pay the man that took him, if I would not hurt him; he owned he had taken them out of the drawer.

JAMES HYDE sworn.

I took the prisoner; I asked him what he had done with the cloak; he said he was very much in liquor, and gave it to a young man to sell, who brought him 4 s. for it; he said he could not find the man that sold it; there were no promises made him to induce him to make this confession.

PRISONER's DEFENCE.

I used to drink tea with the young woman several times; we had partly agreed to make a match of it; she did not like to be asked in the church, and wanted to be away from the place, but had not money enough.

GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

[Imprisonment. See summary.]

281. ISAAC TYRELL was indicted for stealing a hempen sack, value 10 d. the property of Samuel Motley Booth , and three bushels of malt, value 5 s. the property of persons unknown , February the 17th .

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

282, 283. EDWARD BARKER and ANN M'GINNIS were indicted, for that they a piece of false, feigned and counterfeit, money and coin, to the likeness and similitude of the current money and silver coin of this realm, called a shilling, against the duty of their allegiance , and against the statute, &c.

2d Count. For coining a six-pence in like manner.

BOTH NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

284. JUDITH SAUNDERS was indicted for stealing a wooden box, value 1 s. four silk sacques and petticoats, value 5 l. two worked muslin gowns, value 40 s. a chintz gown and petticoat, value 10 s. and a printed linen gown, value 10 s. the property of the Honourable Henry Tracey , January the 3 d .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

285. SARAH FIELDER was indicted for stealing a pair of linen sheets, value 4 s. a pillow, value 1 s. a pillow bier, value 2 d. and three woollen blankets, value 5 s. the property of Julian Lucy Wood , spinster , being in a certain lodging-room let by contract, by the said Julian, to the said Sarah , January the 19th .

JULIAN LUCY WOOD sworn.

I keep a house in Bolton-street, Long-Acre ; the prisoner came to lodge with me on the 16th of January last; she was to pay 1 s. a week for a bed; she left me on Saturday the 31st, I believe; I was informed she had taken some things away; I went up stairs; she locked her door; I told her I wanted to speak to her; she said she would come down; I told her I wanted to go into her room; then she opened the door, and I missed all the things mentioned in the indictment; I called for a lodger to take care of her while I sent for a constable; she went down upon her knees, and begged me to have mercy upon her, and said I should have the things on Monday; I told her I meant to prosecute her; I found the things, by her information, at the pawnbroker's.

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

PRISONER's DEFENCE.

I did not take them with any intent to defraud the prosecutrix; I should have returned them on Monday.

GUILTY of stealing to the value of 10 d .

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

286. ISABELLA the wife of John Trainer was indicted for stealing eight ounces of green-tea, value 5 s. the property of William West , January the 29th .

WILLIAM WEST sworn.

I am a grocer in Great Rupert-street . On the 29th of January, I sent my man out with half a pound of tea and some sugar; he could not find the person they were for; I laid it on the counter; the prisoner came into the shop; I suspected her having taken some before; I sent the people out of the shop, and watched her; I served her with what she wanted, which was some mustard; she took it, and the tea with it, and went out; I followed her, and secured her, and found the tea upon her; I sent for a constable, and gave him charge of her.

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

PRISONER's DEFENCE.

They never found any tea about me.

GUILTY .

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

[Branding. See summary.] [Imprisonment. See summary.]

287. CHARLES MAHAGAN was indicted, on the Coroner's Inquisition, for killing and slaying his wife , January the 14th .

NOT GUILTY .

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

288. THOMAS ADAMS was indicted for stealing sixteen hop-poles, value 3 s. the property of Stephen Cole the elder, Esq . January the 8th .

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

289. CHRISTIAN FLIGGART was indicted for burglariously breaking and entering the dwelling-house of John Saunders on the 7th of January , about the hour of eight in the night, and stealing eight yards of brown camblet, value 16 s. a nankeen gown, value 19 s. four linen shirts, value 19 s. a piece of cotton, value 4 s. one diaper table cloth, value 2 s. a linen shift, value 5 s. two check linen aprons, value 3 s. a white linen apron, value 1 s. two flannel petticoats, value 3 s. two India cotton handkerchiefs, value 6 s. a linen handkerchief, value 2 s. a laced cap, value 3 s. and a muslin neckcloth, value 18 d. the property of the said John, in the same dwelling-house .

NOT GUILTY .

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

290. DOROTHY SMITH was indicted for uttering a counterfeit shilling to Prudence Frisby , knowing it to be counterfeit , January the 24th .

NOT GUILTY .

Tried by the London Jury before Mr. COMMON SERJEANT.

291. JOSEPH MARKS was indicted for obtaining by false pretences of Thomas Briscall fourteen pounds of soap, value 6 s. and five pounds weight of starch, value 2 s. the property of the said Thomas , February the 6th .

THOMAS BRISCALL sworn.

I keep a chandler's-shop in Shoe-lane . On the 6th of this month the prisoner came to my shop, and said, he came from Mr. Peacock, on the other side of the water, for fourteen pounds of soap and a paper of starch; my wife weighed them, and put them up; I looked earnestly at him, and asked him how long he had lived with Mr. Peacock? he said a twelve-month; I said, I did not recollect seeing him it Mr. Peacock's; I sent my servant, Sarah Sparks , with him; I saw Mr. Peacock afterwards, and told him what had passed; he said, he never sent him.

SARAH SPARKS sworn.

I am servant to Mr. Briscall. The prisoner came to our house for fourtee pounds of soap and a paper of starch; I was in the shop at the time my mistress weighed them, and packed them up, and gave the me to go with him; I went with him; Fleet-street we met another man, who asked me, if I had brought some blue and perl ashes; I said, No; he said he would go to my master for it, and we waited in Fleet-street for him; he came back, and said, I was to give the prisoner the soap and starch, and the prisoner said, he was to have them, and I was to go back for the blue and pearl ash; delivered them to him.

THOMAS PEACOCK sworn.

I know nothing of the prisoner; I never employed him to go to the prosecutor's for any thing.

PRISONER's DEFENCE.

I know nothing about it.

Prosecutor. I am certain the prisoner is the man.

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

GUILTY .

Tried by the London Jury before Mr. COMMON SERJEANT.

[Imprisonment. See summary.]

292. ADAM OLNEY was indicted for wilful and corrupt perjury , September the 17th .

[The prosecutor was called, but did not appear.]

NOT GUILTY .

293. JACOB THOMPSON was indicted for obtaining of Robert Malkin , the servant of Memeurs Peltpoint and Co. 6 s. 1 d. whereas he had only paid on their account for the wharfage of goods 5 s. 3 d. under pretence that he had paid 6 s. 1 d . November the 21st .

NOT GUILTY .

Tried by the London Jury before Mr. COMMON SERJEANT.

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

Received Sentence of Death, 13.

Benjamin Dare , Thomas Tickner , John Rice , Edward Lake, Thomas Osborne , Philip Ramsay , William Murray , Peter Ceppi, Edward Fossett, Thomas Hughes , Edward Sullen , Thomas Harding , and Thomas Sherwood.

Eight to work on the River 3 Years.

Nathaniel Reynolds , Thomas Barnwell , William Stevens , Jonathan Goodman , Joseph Marks , Joseph Hughes , Joseph Clark , and Joseph Marchant .

One Imprisoned 1 Year.

Mary Price .

Six Branded and Imprisoned 1 Year.

Elizabeth Burleigh , Thomas Raffaty , Ebenezer Barker , Edward Smith , Margaret Webster , and John Chambers .

Two to be Imprisoned 3 Years.

Margaret Beale and Sarah Clarke .

Three Branded and Imprisoned 6 Months.

Stephen Pascan , John Calvert , and Isabella Turner.

One Branded and Imprisoned 3 Months.

Judith Morris .

Six Whipped.

Thomas Nelson , Patrick Brady , Daniel Simpson , Jane Lane, Eleanor Anderson , and Ann Silk .

Trials at Law and Arguments of Counsel taken in Short-hand, also the Art of Short Writing completely taught by JOSEPH GURNEY , of Southampton-Buildings, Chancery-lane, Author of Brachygraphy; or, Short Writing made easy to the meanest Capacity.

J. GURNEY respectfully acquaints the Public, that for their Accommodation, the SESSIONS PAPER, during the present Mayoralty, shall never exceed TWO NUMBERS each Session, unless from unavoidable Necessity.

Trials at Law and Arguments of Counsel taken in Short-hand, also the Art of Short Writing completely taught in Eight Lessons, by JOSEPH GURNEY , No. 34, Bell-Yard, Temple-Bar, Author of Brachygraphy; or, Short Writing made easy to the meanest Capacity.