Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 18 September 2014), September 1778 (17780916).

Old Bailey Proceedings, 16th September 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 16th of September, 1778, and the following Days;

Being the SEVENTH 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 VII. PART I.

LONDON:

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

MDCCXXXVIII.

[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 Hon. Sir WILLIAM HENRY ASHHURST , one of the Justices of his Majesty's Court of King's Bench; The Hon. Sir RICHARD PERRYN , Knt. one of the Barons of his Majesty's Court of Exchequer; THOMAS NUGENT , Esq; Common Serjeant; and others his Majesty's Justices, of Oyer and Terminer of the City of London and Justices of the Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

London Jury.

Lewis Higdens ,

Matthew Little ,

Edward Pistor ,

Joseph Wells ,

Thomas Pallett ,

Thomas Williams ,

John Arnell ,

John Farley ,

John Bethell ,

Thomas Whetherilt ,

Francis Lee ,

John Tibbs .

First Middlesex Jury.

Thomas Vardy ,

John Stone ,

Samuel Turner ,

Joseph Seger ,

William Dickins ,

John Edmonson ,

William Marsh,

* Mark Warcup ,

* Thomas Walters served part of the time in the stead of Mark Warcup .

Ralph Walker ,

William King ,

James Box ,

Thomas Guy .

Second Middlesex Jury.

James Fisher ,

George Peasley ,

Thomas Masters ,

William Pollard ,

Henry Slack ,

William Gibson ,

Thomas Walters ,

John Smith ,

Richard Dowle ,

John Birch ,

John Davis ,

John Collins .

628. JAMES DURHAM was indicted for stealing a gelding, value 5 l. the property of William Watkins , June 11th .

2d. Count, for stealing a gelding, value 6 l, the property of William Watkins , June 18th .

WILLIAM WATKINS sworn.

I live at Deptford , I lost a brown gelding on the 11th of June out of my field, from amongst the rest of the horses. On the 18th, I lost a black gelding, out of the same field, on the Friday following, I was at Smithfield to buy a horse: when I was paying for it, one Saunders told me, that a black horse had been sold to Mr. Hopkins in the Borough; we went and found the black horse; Saunders said, that one Allen had bought a brown horse; that he was sure was mine. We went the next morning to Allen at Rotherithe, and found it there; when we were at Hopkins's, he said they were sold at Tattersell's, and he believed the man was not paid; we went up to Tattersell's at eleven at night; they told us there, that he had not received the money, and they expected him to come in the morning which he did, and was taken by Wildman, Mr. Tattersell's servant.

- WILDMAN sworn.

The prisoner brought a brown gelding to Mr. Tattersell's to sell on the 10th of June, and a black gelding on the 18th; one Mr. Dixon bought the brown one, and Hopkins in Mint-street in the Borough bought the other.

Did you stop the man? - Yes; on the Saturday morning the 20th of June, when he came to receive the money for the second; he had received the money for the first before we knew of it; he did not seem to say much when he was stopped. The constable took him to the round-house.

Is neither Allen nor Hopkins here? - No.

Q. to Wildman. What were the marks of the horse sold at Tattersell's? - A black horse with part of one of his ears cut off; it was booked in the name of Edmonds; he said his name was John Edmonds .

Q. to Watkins. What were the marks of the black horse? - He had part of one ear torn off by rolling into a ditch; it was bruised with the gravel.

Q. to Wildman. You saw the black horse brought? - Yes.

PRISONER's DEFENCE.

I buy and sell horses; I bought them of a man on the road that sells fish; he comes from Kent.

GUILTY Death .

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

629. AARON ABERDEEN was indicted for stealing two pair of silk stockings, value 20 s. the property of Robert Pritchard , William Burtost and Thomas Hurst , September 3 d .

(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. Justice ASHHURST.

630, 631. THOMAS BUTT and ROBERT HUGHES were indicted, for that they in a certain field and open place near the king's highway, in and upon Robert Kayll , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person and against his will, a half-guinea and a farthing, the property of the said Robert , August 6th .

BOTH NOT GUILTY .

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

632. THOMAS JONES was indicted for stealing four pieces of printed linen cloth containing eighty yards, value 5 l , the property of Thomas Zenogle .

THOMAS ZENOGLE sworn.

I am a linen-draper in Milk-street . On Tuesday the 4th of August , between four and six in the afternoon, four pieces of printed linens were stolen out of my warehouse; I was not at home at the time. I had seen the linen in the shop in the morning.

(The four pieces of linen were produced in court, and deposed to by the prosecutor.)

ROBERT ERANKLIN sworn.

I am journeyman to Mr. Zenogle. I was in the compting-house when the linens were taken away; they were taken off a pile of printed linens which I had laid not above an hour before near the door; they were taken away at about four in the afternoon; I heard somebody go from the door; as there was no one in the shop it raised my suspicion; I went to the door and saw a person with some linens on his moulder turning the corner.

Was that person the prisoner? - I believe it was; I cannot swear to him; I only saw his back; I missed the linen-immediately as I came to the door; as soon as I had called the maid to take care of the warehouse, I pursued the man but went a wrong way, so I was not present when he was taken; I saw him in custody of some gentlemen who were taking him to Guildhall. The person I saw with the linen had a dark grey coat on.

Mr. DEPUTY JONES sworn.

On Tuesday the 4th of August in the afternoon, as I was going to Guildhall, I saw the prisoner at the end of Basinghall-street in Fore-street, with some pieces of linen on his shoulder; I said to Mr. Wyat and Mr. Hall, who were in company, that I thought by the manner of his carrying the linen that he had stole it; Mr. Hall and I followed him; seeing himself observed, he stopped to make water; we went up to him and asked what he had got there; he said some lines which he was carrying to Mr. Jones's in Moor-lane. He had passed through Moor-lane. We met Mr. Jones, the beadle, by the way. When I found the prisoner's account so trifling I gave the constable charge of him.

Mr. HENRY HALL sworn.

Upon the 4th of August, between sour and five, going along Fore-street with Mr. Jones and Mr. Wyatt, Mr. Jones said to me, Take notice of that man, I think he has stole that linen. We followed the man down Moor-lane. He was asked how he came by the pieces of linen, he said, he had them at a house in Coleman-street, and was to carry them to Moor-lane. We asked him to go back to the place where he had them from; he said, he could not do that for he had them of a man who gave him sixpence to carry them. Mr. Deputy Jones gave the beadle (who we had picked up by the way) charge of the prisoner. We took him to Guildhall, and while we were there a young man came in and said he was servant to Mr. Zenogle, and that they had lost the four pieces of printed linen.

RICHARD JONES sworn.

I am a beadle. Mr. Jones gave me charge of the prisoner, and I took him to Guildhall.

PRISONER's DEFENCE.

The cloth was given me to carry to one Mr. Jones.

GUILTY .

Tried by the London Jury before Mr. COMMON SERJEANT.

[Imprisonment. See summary.]

633. WILLIAM JOHNSON was indicted for stealing a silver tankard, value 5 l. the property of Gabriel Smith , August 15th .

GABRIEL SMITH sworn.

I keep the Bell in Great Carter-lane, Doctors Commons ; I was out of town at the time the tankard was stole; I can only speak to my property.

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

THOMAS HENNEKIN sworn.

I am clerk to a proctor in Doctors Commons. I was at Mr. Smith's house on Thursday afternoon the 20th of August, between three and six, drinking part of a tankard of beer with two other clerks in the Commons; the prisoner I understood had been there from eight in the morning; I saw him sitting in the box; I thought he took notice of us as we drank out of the tankard; a person came into the same box the prisoner had been sitting in; he was then gone out; I did not observe him go out. I turned my back to the tankard to speak to the witness that is here; the prisoner paid for the beer he had been drinking, and came and sat down behind us. In about ten minutes I turned about and the prisoner and the tankard were gone. The person that delivered me the tankard came and demanded it; I went out and saw the prisoner about thirty yards from the door; I pursued him, and took the tankard from under his arm; it was under his great coat.

JOHN WARD sworn.

I was in the public house drinking a pint of beer; the last witness was talking with me; he turned his back to the tankard; I saw the tankard on the table; Mrs. Smith missed it, and asked the last witness for it; she said, she supposed that ugly fellow had it; Hennikin went out after him, and I followed Hennikin; I saw the tankard delivered out of the prisoner's hand.

PRISONER's DEFENCE.

I had the tankard, but did not take it out of the house; a man gave it me in the street.

GUILTY .

Tried by the London Jury before Mr. COMMON SERJEANT.

[Branding. See summary.]

634. ROBERT WOOLLEY was indicted for stealing a steel hand-saw, value 7 s. the property of Anthony Atkinson , July 22d .

ANTHONY ATKINSON sworn.

I am a carpenter in Basinghall-street. On the 22d of July, I was working in Newgate-street on a new building; I missed a saw in the morning of the 22d, from the second story; we went to several pawnbrokers and described the saw, in consequence of which, Mr. Newton, a pawnbroker, stopped the prisoner with my saw and brought it.

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

JOSEPH BINS sworn.

I am a carpenter; when we went to work on the 22d in the morning, all our tools were missing.

GEORGE NEWTON sworn.

I am a pawnbroker; Mr. Atkinson came to me to desire me if any carpenters tools should be brought to stop them; the prisoner brought this saw at about nine o'clock on the 22d in the morning. I stopped him.

(Chippendale produced some pick-lock keys, found upon the prisoner.)

PRISONER's DEFENCE.

As I was going to work I met one James Buckey , near St. Andrew's church; he asked me to pawn this saw; I went and pawned it at a pawnbroker's I have used for a twelve-month; I have enquired for the man, but could not find him.

GUILTY .

Tried by the London Jury before Mr. COMMON SERJEANT.

[Branding. See summary.]

635. JOHN PEARCE was indicted for stealing eight pieces of leather for boot legs, value 20 s. the property of John Nichols .

JOHN NICHOLS sworn.

I am a currier in Jewin-street . On the 15th of August I found these boot legs at Messrs. Redford and Hollingsworth, stable-keepers in Little Moorfields; I had information by one Miles, who transacts business for Redford and Hollingsworth, that there was leather there, which he suspected was stolen, and if I would call he would show it me; I went and found they were my property; they were in the compting-house; Miles is not here; there are part of them unmanufactured; I did not miss them till I had the information.

ANDREW ELDER sworn.

I am servant to Mr. Nichols; I know these four unmanufactured boot legs to be Mr. Nichols's property; they were under my care when they were stolen.

- SMITH sworn.

I live with Mr. Redford and Hollingsworth; I know the prisoner, he is a shoemaker; he has worked for me three or four years, and many more in the neighbourhood; he came to me three or four days before Mr. Nichols came, and saw the legs: the prisoner asked me to lend him four or five shillings, and said he would leave these legs with me till he paid me the money; I lent him five shillings; the legs were tied up in a paper; I put them in the compting-house, my fellow servant Miles, and Mr. Nichols's son were in the compting-house; he showed him these legs, and he said he believed they were his father's, by which means the discovery was made.

PRISONER's DEFENCE.

After I was committed, Nichols wanted to swear the robbery agains t another person.

Nichols. I never charged any body else with the robbery.

GUILTY of stealing to the value of 10 d.

Tried by the London Jury before Mr. COMMON SERJEANT.

[Whipping. See summary.]

[Imprisonment. See summary.]

636. EPHRAIM EPHRAIMS was indicted, for that he in the king's highway, in and upon John Cushin , did make an assault, putting him in corporal fear and danger of his life, and taking from his person a silver watch, value 40 s. a steel watch chain, value 6 d. a base metal watch key, value 1 d. a stone seal set in silver, value 1 s. another stone seal set in base metal, value 6 d. a guinea and fifty shillings in monies, numbered, the property of the said James , August 4th .

NOT GUILTY .

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

637. EDWARD HAROLD, otherwise SALT , was indicted for stealing a silver table-spoon, value 6 d. and a silver salt-cellar, value 8 s. the property of Elizabeth Whitefoot , widow , September the 5th .

ELIZABETH WHITEFOOT sworn.

I live at No. 3, in Hatton-garden . On Saturday was se'nninght, the prisoner, whom I had seen twice or thrice before, came to enquire how I did; he stood in my shop some time, then he asked me to give him some table beer; I went to draw it, and left him in the shop; when I returned, the prisoner was standing at the parlour door, having drank a little; he had told me that he came from Bristol the day before; I thought he might be weary, and asked him to sit down; my servant maid came to lay the cloth; the spoon and the salt-cellar were put on the table; I went backwards; I was presently called by my servant, when I came, I found the prisoner gone and the spoon and the salt-cellar were missing; he was taken on the Tuesday following, but I have not recovered either the spoon or salt-cellar. Except my own people, there was no one in the shop when I went out, and left the prisoner there; I believe I was not gone out of the shop half a minute when I was called by my maid.

ELIZABETH DORE sworn.

I saw the prisoner go off on a sudden in much confusion; he dropped a salt spoon; the porter and my mistress's boy were in the shop.

PRISONER's DEFENCE.

I had been to the West Indies with a gentleman; he desired me to call and let the prosecutrix know that he was well when I left the island of Dominica; there were several people belonging to the family backwards and forwards: I know nothing of the plate.

GUILTY .

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

[Branding. See summary.]

[Imprisonment. See summary.]

638. FRANCIS DELILE was indicted for stealing three brilliant diamond hair pins, value 20 l. one pair of brilliant diamond earrings, value 30 l. one gold locket with a silver bow-knot set with brilliant diamonds, value 5 l. one pair of plain gold drop ear-rings, value 20 s. and a hair necklace with a gold buckle and gold end, value 10 s. the property of Elizabeth Cox , spinster , in the dwelling-house of the honourable Henry Nevill , June 7th .

(The prisoner being a foreigner and not perfectly understanding English, an interpreter was sworn.

ELIZABETH COX sworn.

I was on a visit at Mr. Nevill's in Park-lane , near Hyde-park-corner; I had there these diamond hair pins, a pair of diamond ear-rings, a large gold locket with a bow knot set with diamonds, a pair of plain gold drop ear-rings, and an hair neck-lace with a gold buckle and gold end; they were in the drawer of a dressing-glass which was in the bed-room of Mr. Nevill, at whose house I was then upon a visit; I last saw them on Whitsunday. I left Mr. Nevill's house and went into the country; I sent for these things on the Wednesday following and they were gone; I saw them in the drawer before I went: as the prisoner had access to this room being Mr. Nevill's valet de chambre , I suspected him.

Cross Examination.

These jewels were lost at Mr. Nevill's house? - Yes.

You don't reside there I believe? - No.

You was at this time an accidental visitor at the house? - Yes.

The only reason you had to suspect this man was, because he was valet de chambre to Mr. Nevill? - Yes.

You had no particular room of your own there I suppose? - I had my bed-rooom.

He could have no occasion to come into your bed-room; he did not wait upon you? - No.

I suppose the maid servants waited upon you? - Yes.

Then this man could have no access to the room you lay in? - He had access to Mr. Nevill's bed-room.

But you did not sleep in Mr. Nevill's bedroom? - Yes, I did; they were there when I went away in the morning; I had not wore any over night only the locket and ear-rings; in the morning I sent the servant for them.

Court. They were, I understand you, in a drawer in Mr. Nevill's bed-room? - Yes; but I used to sleep there.

Mr. WILKINSON sworn.

I am a solicitor. Having the honour to be particularly acquainted with Mr. Nevill, I was consulted by Mr. Nevill and Mrs. Cox about this matter; I advised Mr. Nevill to take up this man; he was taken to Sir John Fielding 's on Monday the 17th of August; I attended; Sir John examined him, and finding him contradict himself once or twice, he was searched; and in the lining of his hat, betwen the lining and the crown, were found concealed the property in quession; they have been in my possession ever since: the prisoner appeared to be very tenacious of his hat; this created a suspicion that they were concealed in his hat.

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

PRISONER's DEFENCE.

On one Sunday, as Mrs. Cox has said, my master ordered me to make his baggage ready and to go to the country. I went up into my master's dressing-room, and not finding my powder sack and comb as customary, I then went to my master's bed-chamber, and found the sack of powder and the combs in a table-cloth wrapped up together: I wrapped up the sack of powder and the combs in that table-cloth that was upon the table; after that, I took down that table-cloth to wrapped up and put it into the baggage that belonged to my master's I had the key of the trunk that was shut up, and I put the trunk behind the carriage; this happened in the day-time. When I attended my master at night to put him to bed as customary, I found that I had put up these things by mistake; finding these things put there by mistake which I knew nothing of before, and knowing them to belong to the lady, thinking that the lady was to go upon the journey with us; but I did not find an opportunity of delivering them again which I intended. The portmantua was put behind the carriage as usual. The lady next morning took a post chaise to return to London. When the lady came to London, she found, as really it was, that the jewels were missing; she wrote a letter to Mr. Nevill, who wrote one to me, to inquire whether I had seen the effects belonging to the lady, and to examine my portmantua. As I found my master wanted to examine into my things, I thought the best way would be to put them apart, and give them myself to the lady on my return to London, but had no opportunity of coming as I staid upwards of six weeks in the country. I was threatened to be carried to Mr. Wilkinson's. I had them about me in my pocket, intending to put them in the same room where I had taken them from by mistake; but I had not time on my arrival at London. I was conducted immediately to Mr. Wilkinson's; at Mr. Wilkinson's, a gentleman interrogated me several times; as that gentleman did not understand French, he thought proper to have me conducted to justice Fielding's; when I understood I was going there, I put the jewels into my hat, intending on my return, to put them in the place I had taken them from.

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

GUILTY Death .

(He was humbly recommended by the prosecutrix, to his Majesty's mercy .)

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

639, 640. GEORGE GOODWIN and JOSEPH GREEN were indicted, for that they in a certain field and open place near the king's highway, in and upon Esther Quin , did make an assault, putting her in corporal fear and danger of her life, and stealing from her person a black silk cloak, value 20 s. and three halfpence, the property of the said Esther , July 27th .

ESTHER QUIN sworn.

I was robbed on the 27th of July last, at a quarter before nine in the Five Fields Chelsea . As I was going along the foot-way (it was light) Goodwin and the other prisoner were together; they came up to me; Goodwin demanded my money, I said I had none; he then said to the other d - n the bitch! she has got money, run her through! I had given them three halfpence; they untied my silk cloak and put it in their pocket; I had never seen them before; I am sure as to Goodwin. It was light at the time; I cannot be sure to the other man. They presented a brass hanger to me; the handle of which was loose, and the blade rusty. They were taken up that same night about 11 o'clock; I had given information before at the guardhouse that I had been robbed. They were in soldiers dresses when they robbed me.

A SOLDIER sworn.

I was in the guard-room when Esther Quin came to complain of the robbery. John Richmond came and talked afterwards of two men that had robbed him in the fields; soon after, the two prisoners were taken at the guard-room door; one had a sword (producing it.) The cloak was not found upon them: this was about a quarter after twelve. The handle of the sword is loose, and the blade is rusty.

- THORNTON sworn.

The prosecutrix came to the guard-room and said she had been robbed. Richmond came and complained too of a robbery upon him, between eleven and twelve o'clock: the two prisoners came by; I stopped them, and asked if they had any arms; they said they had not. I felt the blade of a sword under one of their coats: the serjeant took the sword from under his coat, and took them to the guard-room and kept them till nine next morning:

GOODWIN's DEFENCE.

I went to Chelsea after a deserter, one Stephen Blott . I took this hanger with me; coming back they stopped me at the guardroom, and found nothing upon me; I went into the guard-room immediately, and was kept there till the next morning.

GREEN's DEFENCE.

We went to take a deserter.

[The serjeant of the company was called, who said the prisoners were in fact sent after a deserter, who they had been informed was at Chelsea the Sunday in the evening, and the prisoners had leave for that purpose to miss the roll-call.)

BOTH GUILTY Death .

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

641. JAMES LARWILL was indicted for that he unlawfully and feloniously did carnally know and abuse Jane East , spinster, an infant under the age of ten years (to wit) of the age of nine years and upwards , against the statute, &c.

MARGARET EAST sworn.

I am the mother of Jane East ; I put my child, Jane East , to nurse with the prisoner's wife as I am in service. The child had not been there above three weeks before this complaint came to me.

What age is the child? - She was nine years old the 20th of last June. I went to my child; I found her private parts swelled and inflamed very bad; she told me that the prisoner's wife got up and went out one Sunday morning between five and six o'clock, that while she was gone, the prisoner took her from the feet of the bed, and laid her at the head of the bed in his wife's place, and got upon her, that she cried out; upon which he got out of bed, and fastened the door, and said, if she cried, or if she told her mammy or his wife he would beat her unmercifully. I took her directly to Sir John Fielding 's, and Mr. Kennedy examined her, and the prisoner was committed. Mr. Kennedy resused to come here without I would give him some money. I am a poor woman, and could not afford it; I subpoenaed him, and Mr. Kennedy has been with me and two other gentlemen, and offered me money to make it up, which I could not.

Cross Examination.

There were three other gentlemen of the faculty examined this child, Dr. Cooper, Mr. Dale, and Mr. Andree? - Yes.

Court to Jane East . How old are you? - Nine years old.

Court. Do you know for what purpose you are brought here now? - Yes.

Court. Do you know that you are to give evidence upon oath? - Yes.

Court. Do you know what an oath is? - No; I do not know what an oath is.

Court. You have heard that there is a God that governs this world; What do you think will happen to people that are wicked, that tell lies, and do bad things? - I know where they go to.

Court. Where do they go to? - To hell.

Court. Are you sensible it is a very wrong thing to tell a lie? - Yes; I am sure it is.

Court. Then if it is a wrong thing to tell a lie, it is still worse to tell a lie when you have taken an oath to tell the truth; therefore, you must take care to say nothing, but what is true.

JANE EAST sworn.

Court. Now you must tell what the prisoner did to you? - The prisoner's wife went out to Whitechapel about six weeks ago; the prisoner lay on the bed; I lay at the feet; he put me up in his wife's place, and got a top of me, and put something into me, but I do not know what it was; I cried out; he said, if I did not have done he would beat me; he got up, and locked the bed-room door; then he came to the bed, and got a top of me again, and put something into me again, and hurt me very much; I cried out, he said again, that he would beat me, and lick me, if I had not done.

How far did he put any thing into you? - I cannot tell how far; I felt something wet come from him. The Sunday before this happened, I went to the necessary in the yard; he came to the vault, and pulled the door open, and would have done it then, only the mistress of the house was in the necessary with me, and saw him.

Cross Examination.

Where does Mr. Williams the landlord of the house lie? - In the back room; the parlour.

Somebody lay on the two pair of stairs? - Yes, forwards.

Where did you dine that day? - At Mr. Mifflin's.

How long was it before you told this to anybody? - I kept it to myself a week; then I told it to Mrs. Ramsey, a grocer's wife.

Had not you seen Mrs. Ramsey often in the course of the week? - I had seen her once before in that week; but I did not tell her then, as I expected to see my mother.

Had your master Larwell and you any quarrels? - Yes.

He used to be wicked enough to whip you? - Sometimes.

Had he whipped you that morning? - No; it was after I told of this affair that he whipped me.

Did not he say when he dined at Mr. Mifflin's, that he had whipped you for doing something in the bed? - He said so.

Was it true, or a lie? - It was true, he had whipped me.

Jury. Had you done what he whipped you for? - Yes.

Counsel for the Prisoner.

To Margaret East . Did not Mr. Cooper, Mr. Dale, and Mr. Andree examine the child? - Yes.

Which examined her first? - Dr. Dale first at Sir John Fielding 's, and Mr. Kennedy afterwards.

For the Prisoner.

Mr. - KENNEDY sworn.

You are an apothocary? - Yes, and a surgeon.

Did you examine the girl? - I did.

When? - At Sir John Fielding 's; I found that the parts were a little inflamed, and that there was a little swelling, and a little discharge, as I apprehend from the vagina; I informed Sir John Fielding that it was impossible to tell the cause; there seemed to be some injury done to the parts; I suggested to Sir John Fielding that it might be done by digitation, or some other cause; I examined the hymen, and found it quite perfect; there was no sort of laceration.

Do you think from the appearance that you saw that it was possible, or not, that she should have been entered by a man? - It was impossible as there was not a laceration of the hymen.

How far in this child do you suppose the hymen to be up the vagina, because I have understood upon former occasions, that it is various in different subjects? - It sometimes happens so, but in the common course of things there is little deviation.

How high do you suppose the hymen to lye up the vagina in this child? - Not high; I suppose about half an inch.

Whatever then was the cause of this injury, you think from appearances it was impossible that she should have been entered by a man? - I should suppose so. It is necessary to observe, that previous to this complaint that was made, the child had a relaxation of the bladder; her urine came away involuntary, which would cause an inflamation of the parts.

How long had she been troubled with this complaint? - I cannot justly tell. I am pretty confident she must have had it some time.

Was she troubled with that complaint at the time you examined her? - I believe she was.

Whether in your knowledge and experience that disorder, occasioning a discharge from young girls, which produces a degree of inflammation, is not extremely common? - It is very common.

Mr. JOHN DALE sworn.

I examined this girl a few hours after the prisoner was committed, and seeing that there was a good deal of rancour and violence in the women and friends about the girl, I inspected her with the greatest care and accuracy possible; I found there was neither laceration, ulceration, or excoriation; I could not for my part observe the least swelling of the labia or the lips. The hymen was as perfectly complete as any I ever saw; I observed a small discharge, I must own, upon the shift; the mucous was not more upon the part than what we commonly observe. There was a very slight degree of inflammation, about the urethra, which is a little distance from the vagina, where the urine passes out, there I did observe just round the passage a very slight degree of inflammation. In short, from the appearance all together, there was not the least reason to suspect that any violence had lately been done to the parts.

Are you clear from these circumstances, that she never could have been entered by a man? - It was impossible; the orifice was not larger than the size of a large quill.

How high up in the vagina do you imagine the hymen to have laid? - The hymen, in all that I have examined, lies at the very enterance of the vagina, not within the vagina; it is not called the vagina till you pass the hymen.

What do you call it till you arrive at the hymen? - There are the external labia and the little labia, which we name nymphae; they belong to the external parts.

If there had been any force or violence used to her so recently as a week; do you think that you should have discovered it? - If there had been much violence used, I think she could not have recovered it in that short space of time; there must have been some more marks.

With respect to the discharge, whether it is not a complaint to which children are very subject? - Exceedingly common; we see it every day in the female sex of all ages; it may arise from a variety of causes, and when this happened it was exceeding hot weather.

And when that acrid discharge is produced; it is always attended with a degree of inflammation? - Less or more.

Jury. I believe, Sir, you heard the evidence of the child? - I did.

Do you suppose that if the violence had been used which the child mentioned, that it was not possible to have seen more appearances of it? - There must have been some different appearances, I think, to what there was; it is impossible to say what six or seven days may do in case of little violence done, but if great violence had been used, I think it impossible; if there had been an introduction, there must have been other appearances of it.

Dr. COOPER sworn.

I examined the child very attentively; there was a little redness upon the external parts; in other respects the appearances were quite natural. There was no swelling at all, no excoriation, and much left any laceration at all; there was not the least. The hymen was quite complete, as perfect as possible, and much more so than it usually is in children. There was a little redness upon the passage to the bladder, but the child had a weakness in the bladder; redness is universal where there is that weakness, if the hymen hath once been penetrated it never unites afresh; the remains of it forms the caruncula myrtiformes. So it is absolutely impossible that there could have been the least penetration, nor were there any marks of violence whatsoever upon the parts.

For the Prosecution.

MARY VERINDER sworn.

The child, Jane East , came to Mrs. Ramsden's, the grocer's, in Gray's-inn-lane, while I was there on a Monday; the fact was committed a week before; she told us that the prisoner took her up from the foot to the head of the bed, when his wife was gone to carry a gown home to her mother at Whitechapel; she said the prisoner got upon her, and put something into her, that she cried out; upon which the prisoner got out of bed, and locked the door, and then got into bed, and got a top of her again, and threatened that if she told her mother or his wife of it, that he would lick her; I examined the child; there was a great running upon her at that time, and she looked very sore.

MARY RAMSDEN sworn.

The child spoke to me first on the 2d of August; she came in when I was at dinner.

Do you know any thing further than merely the account that she has given us? - I took her into the entry; she spoke to me, and nobody else; then she came in again; I know nothing of the people that she was at nurse with; I had not seen the child, further than her coming on errands; she did not say any thing to me till that day. I took her through the entry that goes to the yard door, and asked her what she wanted; she said, she was used very ill where she was at nurse; I asked her in what respect, whether she had victuals enough, or whether they beat her; she said, she had victuals enough, and they did beat her, but that they had used her worse than that; she told me that the woman she lived with went home with her mother's gown, that then the man got out of bed, took her from the foot of the bed to the head of the bed, and got on her, and she said she cried out; upon which he got up, and shut the door, and said he would lick her, if she did not hold her tongue; I asked her why she kept it to herself so long; she said, she expected her mammy on the Sunday, and did not like to tell anybody; that her mammy did not come on the Sunday and therefore she came to tell me on the Monday; I asked her if she was in any pain; she said she could not for three days sit, but half way in her chair, and it hurt her when she made water; I told her I could not have an opportunity of sending to her mother till next day, because I was washing; I sent next day to her mother, and her mother came immediately.

Did you examine her? - No; the woman that was washing for me searched her, but I was standing by in the kitchen; I saw something on her shift, and she looked reddish and sore. She said that was not the shift that she had on, for that the woman who washed for her put another on; she said the other was worse than that.

NOT GUILTY .

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

642. JOSEPH RUFF was indicted for stealing 44 l. and a silver sixpence in monies, numbered, the property of John Hill in the dwelling-house of William Welch , September 8th .

JOHN HILL sworn.

I lost 44 l. in money yesterday was a week in the morning; I lodge in Crown-alley. Moorfields , at the house of one William Welch ; the money was in my apartments in that house; I had formerly rented another apartment in a different house, but sometime ago. I removed to this apartment where my money was stole; I have known the prisoner about a year; he lodged in Grub-street when I was removing my furniture and effects from the former apartment of William Purchase to the present apartment; the prisoner assisted my wife and daughter in moving: at the time that my furniture and goods were removed, I had also the sum of 44 l. in a box which was then removed; the 44 l. was not all made up and deposited in the box, but I had the sum in the house at the time; my wife and daughter knew the money was there when the box came to the new apartment; the prisoner assisted in placing it in the position where it was to remain in the new apartment, yet he did not know what was in it; a bag was found in the apartment where the money was taken from, which bag is the property of the prisoner; among this 44 l. there was a very remarkable sixpence, that had two large holes drilled through it, by which I am enabled to distinguish it; I observed the marks on the sixpence when I received it; I remember of whom I took it; I afterwards made a present of it to my daughter; she returned it to her mother, who put it into this box among the other money.

ANNE HILL sworn.

I am the wife of the prosecutor, who is employed in selling salop in Moorfields; I went out according to my usual custom in company with my husband and daughter, who assisted me in carrying my table and salop into Moorfields, at four o'clock in the morning; at about nine my daughter returned and perceived that the box in which this money was kept was broke open, and the money gone; my bureau and the place where I kept my clothes and other effects were all opened, and the things contained in them were thrown about the floor, and there were two of my gowns wrapped up to all appearance, with an intent to carry them away; this bag lay near them, I apprehend it was meant to put these clothes and gowns into the bag and carry them away; but the person, I suppose, was disturbed, and therefore left the bag behind him. I am sure that this bag which has been produced, was the bag that belonged to the prisoner, for the prisoner had applied to me before for a bag; I had offered him one, which was worth very little; he refused to accept of it, in a short time after that I saw he had a bag, which I made particular observations upon; it had more holes in it than that I offered him, and was like a dirty-pillow case. I said so to him at the time he showed it me; I made such observation upon it, that I can swear to it. When the prisoner was taken up, the sum of one pound seventeen shillings and six-pence was found in his breeches pocket, one six-pence which was a part of that money that was in my box, at the time that this money was stole; the forty-four pounds was not made up when I removed, but put up into the box afterwards.

ANNE HILL , sworn.

I am the daughter of the prosecutor. I came home at nine in the morning, the prisoner's bag was found there, this is the bag: I was present when the bag was produced by the prisoner to my mother. I made the same observation upon it at the time the prisoner produced it, and said, it was not much better than that my mother had offered him; and it was like a dirty pillow case. I am sure it was the same identical bag which the prisoner before had produced, and the sixpence that was found in his pocket, I take upon me to swear is the identical sixpence that was in the box at the time we went out in the morning. I am sure it was in the box when it was broke open; another reason for suspecting the prisoner, was, he assisted in placing the box where it stood.

WILLIAM MASON , sworn.

I am a constable. I took the prisoner in bed, on the Tuesday, about nine at night, at his lodgings in Red-Lion-street, Grub-street. I searched him, and found one pound sixteen shillings and six-pence in his breeches pocket.

[ The six-pence was produced in Court, and deposed to by the prosecutor, his wife, and daughter.]

PRISONER's DEFENCE.

I was at Hounslow at the time this happened, I bought a quantity of fruit, I sold eight shillings worth to a woman at Charing-Cross, and she gave me this six-pence in part of payment; I sent to her, she could not attend to day, or she would have appeared for me.

For the Prisoner.

WILLIAM LASSELL sworn.

I am a shoe-maker, I live in Red-Lion-street, Grub-street; the prisoner lodged with me, I have known him six or eight months, he has behaved very honest, civil, and sober, since he lodged with me; he has staid out to be sure sometimes of a night. The night he was taken up, I went up stairs with the officer; there was a guinea and sixteen shillings and six-pence taken upon him, and no observation was made that night of the six-pence. I put it in a pocket by itself, it was inspected by the prosecutor the next day.

Guilty of stealing to the value of 6 d.

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

[Whipping. See summary.]

643. JOHN BEST was indicted for stealing a silver watch, value 40 s. a steel watch chain, value 4 d. a stone seal, set in base metal, value 2 d. and a base metal watch key gilt, value 4 d.

DANIEL POOLE sworn.

I was fourteen in November last. On the twelfth of August I lost a silver watch, with a chain and stone seal. I saw the prisoner take it out of my pocket in the Artillery ground . I was there to see a sham fight, on account of its being the Prince of Wales's birth-day. I saw the prisoner give my watch to another person; I laid hold of the prisoner directly, the other man got off. I never received my watch again. I am sure I saw the prisoner take it, and I saw it in his hand after he had taken it.

STEPHEN UPHAM sworn.

I assisted in taking the prisoner, he was rescued, but was taken again, he was searched, but nothing found upon him.

PRISONER's DEFENCE.

I know nothing of the watch.

GUILTY .

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

[Imprisonment. See summary.]

644, 645. ELIZABETH BRADLEY and MARY WARE were indicted for stealing a linen shirt, value 3 s. two pair of leather breeches, value 12 s. and a pair of worsted stocking breeches, value 3 s. the property of Mary Beale , widow , Aug. 27th .

BOTH NOT GUILTY .

Tried by the London Jury before Mr. COMMON SERJEANT.

646. WILLIAM FLINT was indicted for stealing a silver watch, value 40 s. the property of Aaron Coats , privily from the person of the said Aaron , Aug. 16th .

AARON COATS sworn.

I am an oilman , in Eastcheap. I was on the 16th of August, in the evening, at about seven o'clock, at a fire in Nicholas-lane; I went merely to see it, and staid about half an hour; as I came from the fire, when I was in Lombard-street , I felt for my watch, and missed it, it was a silver watch; I do not remember seeing the prisoner at the fire at all; I was in the croud. I advertised it in the daily paper of the 20th a few days after; I heard the prisoner was at Sir John Fielding 's, charged with this and other things; I went to Sir John Fielding 's, and there my watch was produced to me.

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

WILLIAM ADLEY sworn.

I live at Cow-cross; the prisoner pawned this watch with me on the 18th of August, he asked two guineas, I lent him a guinea and a half on it; he took a duplicate of it in his own name.

MOSES MORANT sworn.

On Sunday, the 30th of August, I went to apprehend Flint, two boys, and another person; in Flint's parlour I found the duplicate of the watch, and an old seal that belongs to Mr. Coats's watch.

PRISONER's DEFENCE.

A person gave me the watch to pawn for him.

Guilty of stealing the watch, but not guilty of stealing it privily from the person .

Tried by the London Jury before Mr. COMMON SERJEANT.

[Imprisonment. See summary.]

647, 648. JOHN RINKLE , and WILLIAM WABLE , were indicted for stealing a silver quart tankard, value 5 l. the property of Sarah Lee , widow .

BOTH NOT GUILTY .

Tried by the London Jury before Mr. COMMON SERJEANT.

649. ANNE POWELL was indicted for stealing a bible, value 1 s. three quarters of a yard of thread edging, value 3 d. three quarters of a yard of broad blond lace, value 4 d. two yards of silk ribband, value 4 d. two yds. of plain white ribband, value 4 d. a pair of silk stockings, value 1 s. 6 d. a cotton gown and coat, value 10 s. a pair of worked ruffles, value 4 s. a linen handkerchief, value 6 d. a cotton stock, value 4 d. a silver buckle, set with stones, value 3 s. three linen doyles, value 1 s. a linen handkerchief, value 5 d. two yards of Irish linen, value 1 s. and a silver egg, value 3 s. the property of Joseph Rigacci , September the 1st .

MARY RIGACCI sworn.

I am the wife of the prosecutor, who lives in Prescot-street, Goodman's fields . Between the 20th of February and the 3d of April I lost the several articles mentioned in the indictment; the prisoner was a servant in my family at that time. I discharged her upon a regular warning; I had no intelligence of any of these things till the 31st of August. On the day after the prisoner quitted my service, I gave her a good character upon an application to another place, but did not know to what place she was then going. Two or three weeks after she had quitted my service, having occasion to use some of these particulars, I then discovered they had been taken away; I suspected the prisoner, but did not know where to find her; part of the things were found on the 31st of August by an extraordinary accident. Mr. Seddon, a jeweller, in Salisbury-court, Fleet street, is employed as a workman for my brother; my brother went to Mr. Seddon's, he was let into the house by the prisoner, who had my gown upon her; he gave me information of this, I went to Mr. Seddon's, I saw the prisoner with my gown and petticoat on her; upon searching, some of the things were found in her box, and others of them in the kitchen, in her possession; some of the things were afterwards found in the possession of the prisoner's sister: the prisoner's sister was three times at my house, in order to see the prisoner.

( Joseph Thompson deposed, that he searched the prisoner's box, &c. and found the several articles as mentioned by the prosecutrix, which were produced in court and deposed to.)

Prisoner's defence.

I delivered up these things, upon a promise that I should not be prosecuted.

Mrs. Rigacci. I never made her any such promise.

GUILTY .

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

[Branding. See summary.]

[Imprisonment. See summary.]

650 ELEANOR MORRIS was indicted for stealing a pair of linen sheets, value 6 s. one double blanket, value 8 s. a copper tea kettle, value 2 s. a copper sauce-pan, value 1 s. a brass candlestick, value 6 d. and two flat irons, value 7 d. the property of William Trim ; the said goods being in a certain lodging room, let by contract by the said William, to the said Eleanor , August the 4th .

SARAH TRIM sworn.

I am the wife of the prosecutor. I let the prisoner a two-pair-of-stairs room ready furnished, at three shillings a week; about the middle of June she paid me a fortnight's rent, she said she could not pay the rest, because she was obliged to pay her workmen she employed, as she made tents, and she said she was not paid herself. I went into the prisoner's room on the 4th of August, and missed the goods mentioned in the indictment; she would not give any account what she had done with them. I found them at Mr. Howlit's, a pawn-broker.

PRISONER's DEFENCE.

I own I took the sheet and blanket; the sauce-pan and candlestick were never in my room; I intended to redeem them and put them in their place again.

GUILTY .

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

[Branding. See summary.]

[Imprisonment. See summary.]

651, 652, 653, 654. WILLIAM BOSTON , WILLIAM FLINT , THOMAS ELBURN , and GEORGE GOODBURN , were indicted for stealing a silver pepper castor, value 10 s. and a silver table spoon, value 6 s. the property of Jane Benham , widow , August the 12th .

SARAH JENNINGS sworn.

I am chamber-maid to Mrs. Benham, who keeps the Catherine Wheel Inn at Colnbrook . On the 12th of August the prisoners came to my mistress's house to dine; there was set on the table a silver pepper castor and a silver spoon; after dinner they paid the reckoning. Two gentlemen and a lady that came in a stage coach dined with them. When the two gentlemen and gentlewoman went away, I removed them to the sideboard, after that I missed them; the prisoners were then all gone into the yard; I acquainted my mistress that I missed the plate, she did not give herself much trouble about it, but said, she would look in the other room, she thought I might have put them there; she looked in the other room, and could find nothing of them; my mistress sent after them, and three of them, Flint, Elburn, and Goodburn, were taken and brought back again the same night; they said they knew nothing of the things, and my mistress let them go; they were taken again, a fortnight after, and then Goodburn confessed that they had taken them, and that they were hid at Windsor; one of Sir John Fielding 's men went with him, and found them.

- WALKER sworn.

On the 12th of August, Flint, Elburn and Goodburn came to Colnbrook in a chaise, which wanted some repair; I repaired it. I was sent after the prisoners, and took Elburn and Goodburn at a public house at Windsor; Flint was taken in the market place, about ten o'clock at night; they were discharged that night. When I brought them to Colnbrook, Flint gave me an indemnification when he was discharged. About a fortnight afterwards Goodburn was taken up, and the pepper castor and silver spoon were by his direction found concealed in a necessary at Windsor; the spo on was broke.

JOHN CLARKE sworn.

On Thursday the 30th of last month, Flint and the two lads, Elburn and Goodburn were taken up for robbery, committed the Saturday before that; on the Monday following they were brought before Sir John Fielding ; Goodburn applied to Sir John to be admitted an evidence; he was refused because he had been convicted of a felony before; he then applied to Sir John Fielding to send him to sea, if he should be convicted, and he would, tell him the truth; Sir John promised if he was tried and convicted, he would, if possible, get him sent to sea; among the rest, he mentioned a robbery at Colnbrook, he said they all dined at the Catherine Wheel.

Court. We cannot admit that as evidence. - In consequence of that, I went that day, the 31st, to the Catherine-Wheel at Colnbrook, and from thence to the Crown at Windsor. I found the plate in a necessary, at Windsor, behind one of the joists. We heard Bolton was at a fight at Hounslow; the officer went and apprehended him there. When they were all at Sir John Fielding 's Bolton said it was not him that broke the spoon it was Flint that put it in this place.

Was Flint at Windsor when the goods were found? - No, he was in custody at London upon another affair.

[The things were produced, and deposed to by the prosecutrix's servant.]

BOLTON's DEFENCE.

As to the things I am charged with I am innocent; I went to receive some money at Windsor; I never saw the other prisoners till I saw them at Colnbrook; I paid for my own dinner myself.

Jennings. He dined with the rest; she reckoning was laid on the table.

Bolton. There were nine at the table; I believe the other prisoner came in a chaise, or whiskey, I knew nothing of their coming; we got there just together; I went in company with them to Windsor.

ELBURN's DEFENCE.

I know nothing about the robbery, I have nothing to say.

GOODBURN's DEFENCE.

I have nothing to say, I know nothing at all about it.

FLINT's DEFENCE.

On the 12th of August I went to Wind. to see the fire works; I stopped and dined at Colnbrook, there was a knot out of the chaise, I went and had it put in; I know nothing of the robbery. I was brought back to the house; the prosecutrix said, she knew nothing of me, the girl said I was not in the room when the things were there; her mistress said she could not accuse me; the blacksmith said, he was sorry for what had happened, and asked me to give him an indemnification. I gave him a direction where I lived, and where the young man lived.

GOODBURN, GUILTY .

The other three aquitted .

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

[Imprisonment. See summary.]

655. JAMES KENNEDY was indicted for stealing a silk handkerchief, value 10 d. the property of Daniel Turner , July 29th .

DANIEL TURNER sworn.

As I was walking up Fleet-street , on the 29th of July last, I perceived a hand in my pocket; I missed my handkerchief; I charged the prisoner with stealing it, as he was the only person near me; he put the handkerchief behind his back when I charged him with taking it; then he held up both his hands, and said,

"I take your handkerchief!" While he was talking the handkerchief tumbled down behind his back; I laid hold of him with one hand, and took up the handkerchief with the other. I took him before Sir John Fielding , who committed him.

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

PRISONER's DEFENCE.

I am as innocent as the child unborn.

GUILTY W .

Tried by the London Jury before Mr. Baron PERRYN.

656. MARY WARD was indicted for stealing three quart pewter pots, value 2 s. 6 d. and two pint pots, value 20 d. the property of Robert Blatchford , Sept. 10th .

ROBERT BLATCHFORD sworn.

I keep a public-house in Duke-street, Portman-square . I was robbed of three quart and two pint pots on the 20th of last month.

WILLIAM SPENCER sworn.

On the 10th of this month a person informed me that a woman had stolen some pots; I went out in pursuit of her; I overtook the prisoner; I opened her apron, and found two quart pots; I took her home; I did not think she had any thing more about her; she asked' leave to go to the necessary; when she returned, I put my hand under her cloak, and there I found a pint pot; I went and looked in the necessary, and I found this quart pot thrown down the necessary, and there was another pint pot found in a water tub at the necessary door.

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

PRISONER's DEFENCE.

I had a pot of beer for my husband; he lives near the prosecutor's; I had these pots with beer when he stopped me; he threw water upon me, and stoned me to death; they owe me a spight, because I would not let my husband spend every halfpenny in their house; they knocked me down, and used me so ill, that I have never been a woman since.

GUILTY , W .

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

[Imprisonment. See summary.]

657. ANNE GILLIAM was indicted for stealing one linen gown, value 20 s. one muslin laced cap, value 7 s. and one linen handkerchief, value 18 d. the property of Elizabeth Virrier , spinster , August 14th .

ELIZABETH VIRRIER sworn.

I live at the Queen's Lodge, Buckingham-gate ; I lost the goods mentioned in the indictment.

HENRY JOSEPH COX sworn.

I am a watchman; I took up the prisoner between the hours of one and two in the morning in Petty France; she had the goods mentioned in the indictment in her lap; I took her to the watch-house, and the next day before the justice. She confessed next day that she had stole them from Mrs. Virrier.

(The goods were produced in court, and deposed to by the prosecutrix.)

PRISONER's DEFENCE.

[The watchman said, if I would give him eight shillings, I should not be hurt.]

Guilty 10 d. Imp. 6 months .

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

[Whipping. See summary.]

658. THOMAS BAKER was indicted, for that he at the Sessions, at Justice Hall in the Old Bailey, in April 1777, was convicted of felony, and ordered to hard labour on the Thames for three years; and in execution of the said sentence, was sent to be kept to hard labour, under the custody of Duncan Campbell , Esq; the overseer for that purpose; and afterwards on the 7th of June last, at Plumstead in Kent , unlawfully did escape from the place of his confinement, and from and out of the custody of the said Duncan Campbell , before the expiration of the said term , against the statute, &c.

(To which indictment the prisoner pleaded.)

GUILTY .

659. JAMES BEACH was indicted, for that he at the general Quarter Sessions of the peace for the county of Middlesex, in December 1776, was convicted of petit larceny, and ordered to hard labour on the Thames for three years; and in execution of the said order was sent to hard labour, under the custody of Duncan Campbell , Esq; the overseer for that purpose; and afterwards on the 7th of June last, at Plumstead in Kent , unlawfully did escape from the place of his confinement, and from and out of the custody of the said Duncan Campbell , before the expiration of the said term , against the statute, &c.

(To which he pleaded.)

GUILTY .

[Imprisonment. See summary.]

660. JAMES BIRCH was indicted, for that he at the Sessions held at Justice Hall in the Old Bailey in January last, was convicted of felony, and ordered to hard labour on the river. Thames, for the term of three years; and in execution of the said order was sent to hard labour, under the custody of Duncan Campbell , Esq; the overseer for that purpose; and afterwards on the 7th of June last, at Plumstead in Kent , unlawfully did escape from the place of his confinement, and from and out of the custody of the said Duncan Campbell , before the expiration of the said term , against the statute, &c.

(To which he pleaded.)

GUILTY .

[Imprisonment. See summary.]

661. MARY PRICE was indicted for stealing one woman's linen shift, value 1 s. one boy's linen shirt, value 6 d. three linen clouts value 1 s. one diaper towel, value 3 d. one linen night-cap, value 1 s. one linen stock, value 6 d. a linen petticoat, value 3 d. one linen barrow, value 1 d. one pair of worsted stockings, value 1 s. two linen aprons, value 1 s. two linen handkerchiefs, value 1 s. one linen gown, value 6 d. one linen frock, value 1 s. three linen caps, value 1 s. and one linen shirt, value 2 d. the property of George Dell , August 8th .

REBECCA DELL sworn.

I am the wife of George Dell . We live at Battle Bridge ; on the 18th of August. I lost out of my house the several things mentioned in the indictment (repeating them) the value of them is fifteen shillings at the least. I was in the kitchen; I had sent my son on an errand; when he returned, he asked me if I had sold any old clothes, I said no; he told me a woman was gone out with a bundle in her lap; I desired him to keep his eyes on the woman while I went up stairs. I went up and found the dining room door open. A basket which contained the foul clothes was emptied: I came down and pursued the prisoner across the fields adjoining to the house and took her; I found a bundle upon her; I said I insisted upon seeing what was in her bundle; upon this she let loose her right hand and dropped them in the field. I brought her to the door and charged a constable with her. Lucy Smith 's servant took up the bundle.

LUCY SMITH sworn.

I saw my servant take up the bundle.

[The goods were produced in court by the constable, and deposed to by the prosecutrix.]

PRISONER's DEFENCE.

They were given to me by a woman to carry for her; she went away afterwards into Gray's-Inn-lane; I told them so when they stopped me: the woman was then in sight.

Prosecutrix. She said there was a woman.

- DELL sworn.

My mother sent me on an errand; as I was coming in at the door, I met the prisoner coming down stairs; I went in and asked my mother if she had been selling any old clothes, she said no; I told her a woman had just gone out with a bundle in her lap; my mother bid me keep my eye upon her till she went up and saw if she had lost any thing; she went up stairs and called out to me to go and stop the woman. I had her constantly in my eye all the time. I went along with my mother, and she took the prisoner.

GUILTY .

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

[Branding. See summary.]

[Imprisonment. See summary.]

662. JANE WALLACE was indicted for stealing a cotton gown, value 14 s. the property of Elizabeth Rachael , widow ; a linen shift, value 1 s. and a linen handkerchief, value 1 s. the property of Henry Caddle , July 22d .

ELIZABETH CADDLE sworn.

My husband's name is Henry Caddle . I found my shift on the prisoner's back at her lodgings. I had a gown to wash; it was taken with the shift. I charged her with the gown; she owned she had taken it, and told me it was at Mrs. Ferry's, a pawnbroker: the justice sent a man with her to the pawnbroker's.

ELIZABETH RACHAEL sworn.

I am a widow. I gave a linen gown to Mrs. Caddle to wash on Tuesday, and she lost it on the Wednesday.

ANNE KIRKPATRICK sworn.

I am servant to Mrs. Terry, a pawnbroker. The prisoner pawned this gown in the name of Anne Brown .

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

Q. to Caddle. Where is the shift you found upon the prisoner? - She threw it out of the window; I have not found it; I knew it by a patch on the shoulder.

PRISONER's DEFENCE.

I wanted some money to go on board of ship; I asked her to lend me some money, and she lent me these things.

Guilty of stealing to the value of 10 d.

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

[Whipping. See summary.]

663. REBECCA ABRAHAMS was indicted for stealing a woollen surtout coat, value 12 d. a cloth coat, value 2 s. a linen table-cloth, value 1 s. a pewter plate, value 2 d. and a printed hebrew book, value 10 s. the property of Abraham Davis , July 30th .

ABRAHAM DAVIS sworn.

On the 29th of July, I went up into the garret to bed at about eleven o'clock; but I left the door of the lower room locked and had the key in my pocket; in the morning a man came into the passage, and offered to sell me my hebrew grammar, which I left in the lower room when I went to bed. I have seen the prisoner several times lurking about my passage, and have drove her out.

DAVIS WOLF sworn.

On the 30th of July, I met Abraham Davis : he looked much confounded, and said he had been robbed of that book and other things. The man that offered to sell the book to Davis, took us to the prisoner where we found the things mentioned in the indictment.

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

PRISONER's DEFENCE.

I bought these things for a shilling, of a person that I do not know.

GUILTY .

Tried by the London Jury before Mr. COMMON SERJEANT.

[Branding. See summary.]

[Imprisonment. See summary.]

664. CATHERINE, the wife of Timothy MARTIN , was indicted for stealing twenty yards of muslin, value 5 l. the property of Thomas Jenkins , August 3d .

NOT GUILTY .

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

665. CATHERINE BURN was indicted for stealing eight shillings in monies, numbered , the property of Samuel Wainright , August 2d .

GUILTY .

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

666. JANE DARWIN was indicted for stealing seven linen sheets, value 3 l. 10 s. six damask napkins, value 9 s. a woollen blanket, value 7 s. two table-cloths, value 30 s. four silver tea-spoons, value 8 s. a pair of silver sugar-tongs, value 5 s. two linen shirts, value 6 s. a woollen cloth coat, value 12 s. a woollen cloth waistcoat, value 5 s. a silver watch, value 40 s. and a pair of silver shoe-buckles, value 16 s. the property of John Ashburn , July 23d.

JOHN ASHBURN sworn.

I am a broker in Hair-court, Aldgersgate-street . I lost all the things mentioned in the indictment on the 23d of July, except the silver watch, which I missed before They were locked up in a chest; the last time I looked in the chest was last March was twelve months. The prisoner was my servant; she had been with me ever since October was twelvemonths; I opened the chest and missed the things; I charged her with taking them; she immediately confessed, she had pawned them with one Burrows in Barbican, and produced the duplicates. I made her no promise to induce her to confess; she did it voluntarily as soon as I opened the chest.

JOHN COUCHTAN sworn.

I am a constable. I was charged with the prisoner; she confessed taking the things: the things were all mentioned before the alderman; and Burrows said he knew nothing of them.

- BURROWS sworn.

I am a pawnbroker in Barbican. I know nothing of the prisoner, only her coming backwards and forwards to my shop. I have a watch and a buckle; that is all I have with me. I asked him to let me see the tickets; he would not.

Did you take in seven sheets, &c. of the prisoner? - I do not know; if the prosecutor will show me the duplicates, I will tell him whether they are mine.

Ashburn. When the prisoner was taken up, I went to Mr. Burrows, and told him the alderman desired him to attend at Guildhall; he asked on what account; I told him he had taken in some stolen goods; I described the goods and the prisoner, and told him where I lived; he denied that he had any such articles. I desired he would go to the alderman, but he would not; but desired. I would go to some other pawnbrokers, for he knew nothing of any such woman in the court that I lived in. I thought he dealt so unfairly as a tradesman, I did not choose to let him see any of the tickets.

(The duplicates produced.)

Burrows. They are all mine.

Do you know the prisoner? - Yes; the goods mentioned in the tickets are all at my house pawned by the prisoner. I did not give her any duplicate with the watch and buckle. They were pawned to me by the prisoner.

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

Did you give her liberty to pawn the things? - I never gave her liberty to pawn an article in my life.

PRISONERS's DEFENCE.

I did not design to wrong Mr. Ashburn. I have had ever so many witnesses attending for me till to-day; I do not know that there are any attending now.

GUILTY .

Tried by the London Jury before Mr. COMMON SERJEANT.

[Branding. See summary.]

[Imprisonment. See summary.]

667, 668. JOHN WHITE and JOHN NOSIER, otherwise NOSEY , were indicted for stealing a carcase of lamb 40 lb. wt. value 15 s. the property of Henry Fountain , May 23d .

HENRY FOUNTAIN sworn.

I am a butcher in Hosier-lane , I had frequently lost carcases of lamb and sheep; particularly on the 23d of May I lost a carcase of lamb; the prisoner, White, was my servant ; I mentioned it to Joseph Stiff , that I had lost this lamb, and he said he believed he could give me some intelligence of it; he said Nosey was one of the persons that took it off the hook. Nosey was taken into custody, and he said he took it by the direction of White; the other prisoner White when he was taken into custody, acknowledged, before he was taken before the alderman, that he had taken the lamb, and Nosey said he took it from my house by the order of White.

JOSEPH STIFF sworn.

I saw Nosey take the lamb off the hook, at Mr. Fountain's shop, on the 23d of May, and carry it away.

EDWARD DENNISON sworn.

I bought a lamb of White, I gave him thirteen shillings for it, it weighed four stone four pound and a half; I bought it as the property of White, he said he had bought three lambs, it stood me in five-pence farthing a pound.

Prosecutor. Nosey waited about the place, and when there was a favourable opportunity, White gave him a signal, and he took it away.

WHITE's DEFENCE.

I lived with Mr. Fountain, I used to sell his goods for him, and give him the money; I forgot to give him the money for this lamb.

WHITE, GUILTY .

NOSEY, NOT GUILTY .

Tried by the London Jury, before Mr. COMMON SERJEANT.

[Imprisonment. See summary.]

669, 670. LYDIA COCKWAINE and SARAH GODDARD were indicted for stealing a tin tea cannister, value 3 d. a linen apron, value 1 s. a pair of money scales, value 2 s. a pair of cotton stockings, value 6 d. a steel watch chain, value 3 d. a callimanco petticoat, value 5 s. two linen shifts, value 5 s. a piece of damask cloth, value 7 s. a silver milk pot, value 10 s. a silver tea spoon, value 2 s. two pair of silver sleeve buttons, value 2 s. a gold ring, with a stone set therein, value 10 s. and 18 guineas , the property of Mary Taylor , widow , September 1st .

MARY TAYLOR sworn.

I live in Basinghall-street . I went out on the 1st of September, at about twelve o'clock, and returned again about seven; I double-locked my chamber door, and put a padlock on when I went out; when I returned I found the door broke open, and I missed the money and goods mentioned in the indictment; they were all safe when I went out.

ELIZABETH GASSWOOD sworn.

I live in Church-alley by Basinghall Church, next door but one to the prosecutrix. On the first of this month, I saw Sarah Goddard carry out a large bundle of linen; she came back again, and then she carried out a large red bag; I saw no other person but her; I did not mistrust her as it was a lodging-house; I did not see what was in the bag, but I saw the linen very plain.

JAMES PRIOR sworn.

I am a constable; I found these goods (producing them) in the prisoner's apartments; Cockwaine rents the apartment; Goddard gives her a shilling a week for lodging with her; Sarah Goddard had the black petticoat on. On searching the fireplace, under a hollow brick, upon which one of the feet of the stove stands, I found Mrs. Taylor's late husband's copy of his freedom in this tin box, and also these picklocks and files (producing them). I found these white stone buttons upon Goddard; a gold necklace was taken out of her shoes, and these rings off her fingers; Cockwaine said they were bought with part of Mrs. Taylor's eighteen guineas. On Cockwaine I found these buttons, which Mrs. Taylor swears are her property, and she had on three rings, which she said she had taken out of pawn; while I was before Alderman Bull I found four guineas in the shoes of George Gibson , which Cockwaine had given him to conceal.

JOSEPH LOVELESS sworn.

I know Goddard very well; I saw these things found in the room which Cockwaine said was her lodging; Cockwaine said Goddard brought the things there.

(The several articles were produced in court, and deposed to by the prosecutrix.)

GEORGE GIBSON sworn.

I am a weaver. I went to the Compter after the prisoners were in custody; Cockwaine gave me four guineas and two gold rings, and desired me to take care of them for her, for she was afraid she should loose them in the gaol; I had known Cockwaine by sight sometime; after I had taken them, I was afraid I should get into trouble; so I put the four guineas into my shoes, and put the rings into my pocket.

GODDARD's DEFENCE.

The necklace and rings were not Mrs. Taylor's; I have had them above a month; my mother knows that; I am sure my mother would not take a false oath, for she has nine children.

Cockwaine was not put upon her defence.

For Goddard.

- GODDARD sworn.

I am the mother of Sarah Goddard ; I have seen this necklace about my daughter's neck; she told me she bought it; I think I saw it round her neck three weeks ago; I will not be particular to a day.

Did you see your daughter wear it before the first of this month? - I cannot say. I cannot swear to the rings.

COCKWAINE NOT GUILTY .

GODDARD GUILTY .

Tried by the London Jury before Mr. Baron PERRYN.

[Branding. See summary.]

[Imprisonment. See summary.]

671. JOSEPH DEVONSHIRE was indicted for stealing a linen smock frock, value 5 s. the property of Robert Wotton , August 12th .

NOT GUILTY .

Tried by the London Jury before Mr. COMMON SERJEANT.

672. ELIZABETH DARLING was indicted for stealing a gridiron, value 10 d. the property of John Rose , July 23d .

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

NOT GUILTY .

673. GRACE, the wife of William RINGSFORD , was indicted for feloniously receiving a linen jam, value 20 s. a dimity skirt, value 15 s. three linen skirts, value 10 s. two flannel petticoats, value 2 s. a linen cap, value 1 s. three diaper clouts, value 5 s. a muslin apron, value 5 s. a lawn apron, value 4 s. and a linen shift, value 2 s. 6 d. being a parcel of the goods which Joseph Saul was, at the last assizes for Surry, convicted of stealing by robbery on the highway, on Rebecca Holdsworth , spinster ; the said Grace Ringsford , well knowing the same to have been stolen against the statute, April 20th .

NOT GUILTY .

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

674. DANIEL HALLET was indicted for stealing one cloth coat, value 15 s. one cloth waistcoat, value 7 s. one silk waistcoat, embroidered with gold, value 10 s. a man's hat, trimmed with silver lace, value 5 s. one folio printed bound book, intitled Acta Regia, by Rapin, value 20 s. two other folio printed bound books, intitled England Displayed, value, 20 s. a quarto bound book, intitled a System of Pleading, value, 6 s. two octavo printed bound books, intitled a Voyage to the East Indies, value 10 s. an octavo printed half bound book, intitled the Roman History, value 2 s. another octavo printed half bound book, intitled the Roman History, value 2 s. another octavo printed half bound book, intitled the Roman History, value 2 s. another octavo printed half bound book, intitled the Roman History, value 2 s. and two folio parchment covered blank paper books, value 15 s. the property of Christopher Fowler , Gent . July 31st .

( The Prisoner pleaded)

GUILTY .

[Branding. See summary.]

675, 676. JANE MEADS and ELEANOR MURPHY were indicted for stealing a pair of linen stockings, value 5 s. and 10 guineas in monies, numbered , the property of Joseph Stoddart , August 15th .

BOTH NOT GUILTY .

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

677. MARGARET PITCHER was indictment for stealing a cotton gown, value 12 s. a cotton wrapper, value 5 s. a check apron, value 1 s. a pair of linen sheets, value 5 s. two blankets, value 4 s. and a silk handkerchief, value 5 s. the property of Charles Scott , September 5th .

NOT GUILTY .

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

678. PETER AIREY was indicted for stealing six silver tea spoons, value 12 s. a linen shirt, value 2 s. and a china pint mug, value 2 s. the property of Wainford Bull , August 23d .

NOT GUILTY .

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

679. ELIZABETH ALLAM was indicted for stealing a linen shift, value 2 s. and a damask linen cloth, value 6 d. the property of Mary Lightbourn , widow , September 11th .

NOT GUILTY .

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

680. ELIZABETH WOOD was indicted, for that she in the King's highway, on Martha Brooke , spinster, did make an assault, putting her in corporal fear and danger of her life, and stealing from her person sixteen linen cloths, called butter cloths, value 5 s. the property of the said Elizabeth , August 28th .

NOT GUILTY .

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

681. CHARLES BOND was indicted for stealing three silver tea spoons, value 3 s. a pair of men's linen breeches, value 18 d. two linen gowns, value 4 s. two pair of men's cambric ruffles, value 1 s. a pair of thread stockings, value 1 s. and two half guineas in monies, numbered , the property of James Gage , July 26th .

NOT GUILTY .

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

682, 683. JOHN RINKLE and WILLIAM WABLE were indicted for stealing a silver quart tankard, value 5 l. and a silver pint mug, value 40 s. the property of Moses Barrett in his dwelling-house , August 15th .

BOTH NOT GUILTY .

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

684. ANNE ATHILL was indicted for stealing a mahogany tea chest, value 4 s. a linen bed quilt, value 2 s. a bed gown, value 2 s. a silver watch, value 20 s. three silver tea spoons, value 3 s. and a gold ring, value 5 s. the property of John Smith , December 20th .

NOT GUILTY .

Tried by the London Jury before Mr. COMMON SERJEANT.

685. JOHN JONES was indicted, for that he upon Judith Charlton , spinster , feloniously did make an assault, and her the said Judith did ravish, and carnally know against her will , and against the statute, July 14th .

To Judith Carlton . How old are you? - Eleven years old last March.

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

Do you know the purpose for which you are come here? - Yes, Sir, to tell the truth, and no lies.

What do you think would happen to you, if you was to be guilty of telling a lie here? - It is not good to tell a lie.

What do you think happens in the next world to wicked people that tell lies? - They go to hell.

JUDITH CHARLTON sworn.

Do you know the prisoner at the bar, John Jones ? - Yes, I worked under him a fortnight and two days; I was to help load the barrows; the prisoner is a brick-maker , and works in the fields by Frog-Hall.

Can you tell when this happened to you? - Of a Tuesday.

How long ago? - About two months ago, I was up at four o'clock in the morning; they all went to dinner at one o'clock; the prisoner was not long gone to his dinner, not a quarter of an hour, as I could guess, they left their dinner and the men went to sleep upon the kilns where they burn the bricks; I eat my own dinner, and was going to lie down in the straw to sleep; the prisoner came, and hit me over the shoulder with a piece of cord; he bid me get up to pull down the barrow, for he was going to work; before I could get hold of the barrow, he dragged me by my arm into the stable.

How many yards might that be distant? - The stable is about as far as from here to the door; he shut the door, and then put his hands up my petticoats; I was going to cry out; he stopped my mouth by putting his hand over it; he took and laid me upon the stones upon the ground; then he pulled up my petticoats, and got a top of me, and put something into me; he said, if I stirred he would have my life; he got off me, and buttoned up his breeches.

What situation were his breeches in when he got upon you? - He unbuttoned them.

What was it that he put into you? - His private parts.

Did you perceive any thing come from him? - Yes, something wet; after he had done this, he gave me a halfpenny, and bid me say, if my mother found it out, that it was the Bearer off did it, that is the man that wheels off the barrow when it is full of bricks; he said that to me when he had done with me, when I was going to get up; then he went out; he said, do you stay here till I come, and he bid me bring another girl down that was playing with me, for he wanted to serve her the same.

Did he say what girl; did he mention any one in particular? - Yes, a girl whose hair curled, and who wore a short eared cap; she played with me every day. I came out about one o'clock.

How many minutes do you suppose after he left you? - He went out, and then I came out in two or three minutes after him.

Where did you go? - I went and sat down in the straw, and he went some where across the fields in his shirt sleeves. Before he went across the fields, he saw my shoes were all over bloody; he threw some ashes upon them to hide the blood. I lay in the straw from that time, which was about one o'clock till four; the prisoner crossed the fields, and I went to sleep in that condition in the straw; some of the men came down and waked me, and told me to go for the four o'clock beer; instead of going for the beer, I made the best of my way home to my mammy. The first woman that saw me was one Mrs. May; I told her how I was used; then I called my daddy down, and told him of it; the neighbours came together, and they went and fetched a constable, and a gentleman that is in court; and they set me upon a chair in Mrs. May's room. The constable and the other gentleman went with me back to the brick field; the constable told me to go first, and see if the man was there; they followed me; when I went back the men were just beginning to work, and my mammy was there; she did not know where I was; I showed the constable the man that had used me so, which was the prisoner, and they took him, and carried him directly before Justice Blackborough.

Jury. You are sure the prisoner is the man? - Yes.

Had you known him very well before? - Yes; I had worked with him a fortnight and two days.

Did you tell Mrs. May the name of the man that had used you so ill? - Yes, John Jones . I was examined that night by a gentleman, and sent to the hospital.

ELIZABETH MAY sworn.

The girl's father and mother and she live in the same house I do; when she came home she told me she had been used very ill, and was hurt very much; she said the Moulder had used her very ill; she sat in a chair in my room. I was obliged afterwards to get a mop and a pail to wipe the blood off the chair where she sat, there was so much blood came from her private parts.

Did she name the name of the person? - Not any name to me; she told me the Moulder was the person.

Was Anne Gregory present in your room at the time? - Yes.

ANNE GREGORY sworn.

I was sent for by a neighbour; I found this little girl in her father's room; I brought her down into Mrs. May's room to examine her; I examined her as well as it lay in my power; I found her exceeding bloody; her petticoats and shoes were full of blood. I asked her who had done it; she said, Mr. Jones, the Moulder.

Did she describe the manner in which it had been done? - Not at that time; she had no opportunity.

Had it the appearance from your examination of an injury having been done to her by some man? - It appeared to me so at that time.

THOMAS MURRELL sworn.

I am a constable of the parish of St. James, Clerkenwell, on Tuesday the 14th of July last, between six and seven in the afternoon as near as I can guess, I was at Sadler's Wells; I attend there to keep peace. This girl's father and a woman came to me, and desired I would go along with them immediately, for there was a Moulder, (they did not mention his name) that had committed a rape upon the body of his daughter, and he could not get any other officer to go with him; he had been to several. I went to Mr. Charlton's room; there was the girl; she was very bad; there were two or three women about her; they pulled up her clothes, that I should see the condition she was in; her thighs and legs were all over blood. From thence I went along with the girl to find out the prisoner; we went into a brick field, at the back of the Lower-street, Islington ; as we were going along I desired the girl would go a little way before me to point out the man to me; we came into the field within about thirty yards of where the prisoner was at work. As soon as we came within sight of him, the girl pointed at him, and said that is the man. I went immediately and apprehended him, and had him before justice Blackborough.

Were there any other persons in the field besides the prisoner at that time? - Yes; there were two women there; the girl's mother was there.

Was there any other man besides the prisoner? - I did not observe; I did not look; my eyes were upon the prisoner; I got another constable to assist me in taking him to prison, after he was committed by the justice, for fear he might get away from me. The other constable asked him how he came to serve the girl so; his answer was that, she said, if he did not - her, somebody else should.

Q. to Judith Charlton . Did you consent to his doing this? - No; I did not.

Did you ever say to him that if he did not lie with you, somebody else should? - No; I was going to sleep in the straw when he came and did it; he did it against my consent. I was going to cry out, and he stopped my mouth with his hand.

Mr. VALENTINE JONES sworn.

You are a surgeon of St. Bartholomew's hospital? - Yes; I am.

Do you remember this girl being brought into the hospital? - Yes, on Tuesday the 14th of July in the evening.

Did you in the course of that evening, or how soon after examine her? - I examined her about eight in the evening.

Mention the condition in which you found her? - I found she had been considerably abused; and likewise there was a laceration of a quarter of an inch in her private parts: the laceration was on the lower part of her private parts; I found on examination some coagulated blood that came out of her private parts.

Can you say from the appearances that you observed, what had occasioned that injury? - I cannot pretend to say what had occasioned it: force had been applied, and she appeared to have been injured.

PRISONER's DEFENCE.

I went home at dinner at the usual time, I believe it was twelve o'clock, and my wife and my mother were both a getting dinner ready, hashing a piece of shoulder of mutton; I waited till it was done, after it was done I went to a public house which is hard by; (I thought the young woman would have been here as a witness, but thinking the trial would not come on, I did not send for her.) I had two pints of beer, I went down to work, after I had been down to work, the people were not there, it was very hot weather. I said to an old man who was there, (who would have been here if he had known it). I said it is very hot weather, he said he had been looking for me, he would go and get a pint of beer, and work later in the evening, I did not stay ten minutes, we went up to the Crown and had two quarts of beer, and then another; it drew on to about six o'clock; as this man and I were going down to the field, we met the people coming up that work with me. I said where are you going to? They said they were going to see for me; they said they had sent the girl for some beer, the mother of the girl was with me at the same time, coming up with these people; I asked how long she had been gone; they said an hour and an half. I said, Peter, if they want any beer, do not let us go away to lose all the day, let us go to work, do you go and fetch five pints of beer, the usual allowance; he went: while he was gone, the mother of this girl said, Mr. Jones, I will put some bricks into the barrow, I dare say my girl will be here presently, she is playing about I suppose; the constable and the girl came in before I had made a barrow full of bricks, they took me before the justice, I had no money to get witnesses, and since I have been committed my wife has laid-in; the parents of the girl have been to my wife and extorted money from her; they said they must have half a crown to throw the clause out; they said they must have some money, they could not make it up for less than twenty pounds; her father said it lay in his power to hang me or set me at liberty. A friend of mine gave him a guinea to see if that would pacify him; he took that and got drunk, then he pretended he would come down and release me; here is a witness who heard the mother say, that she could tell the girl to say any thing, and make her swear any thing, they wanted five or six shillings a week of me till twenty pounds were paid.

For the Prisoner.

ELIZABETH NICHOLS sworn.

I have known him above twenty years, I never knew any harm of him till now, he is an honest hard working industrious man; the girl's father and mother came to my house and wanted twenty pounds; they wanted four pounds down.

Counsel for the Crown.

This prosecution is carried on by the governors and guardians of the poor of the parish of Clerkenwell; they have kept the girl in the work-house, without the parents having access to her ever since this affair, for the parents, the father particularly, would no doubt have taken a sum of money.

Nichols, She said she could make the girl swear any thing, or could make her swear that she was asleep, and knew nothing about it; she said she could make the girl swear, that it being nine weeks ago, that she had forgot what she said, and she said the girl could give change for a guinea as well as she; and that was the reason she could make her swear any thing.

MARY JONES sworn.

I am the prisoner's brother's wife. He has been a hard working man ever since I have known him, that is ten years. The father of the child said that she should not appear against him upon his trial; and last night the father of the child came and said, he must have half a guinea to make some fraud in the indictment to clear him; he said he could save him from being hanged; but there would be some damage lie against him for the damage he had done his child; but it would lie at his option to let him out of prison when he pleased.

PETER LOVEJOY sworn.

I am a carpenter; I have known him seven or eight years to be an honest industrious man; I never knew him guilty of any misdemeanor of this kind or any other.

Counsel for the Crown.

Mr. Jones the surgeon, has disclosed to me a circumstance, that as it makes for the prisoner, I think it equally my duty that it should be laid before the court.

Counsel. Mr. Jones, you will please to state to the court what answer the girl gave to you upon a question you put to her? - I asked her what occasioned the appearance, she said she had been ravished; I then asked her whether she perceived an emission; indeed, I asked her whether she perceived any wetness coming from the man; she told me she did not.

Court. When did you ask her the question? - At the hospital, I asked her the question two or three different times; I believe the sister of the ward was present; I am not positive; she always said she did not, till two or three days afterwards; then she said that the blood coming from her; probably, she did not perceive it; but it was three days after, that she said that.

I believe no one could have access to her there but the sister of the ward and the people there? - Her mother, I saw with her there.

MARY NORTHFIELD sworn.

I am the mistress of the workhouse for Clerkenwell. I had this girl under my care about a fortnight; justice Blackborough gave the master and me a strict charge not to let her go out. I have had her under my care ever since.

No one has had access to her during the last fortnight? - No, only her father and mother, and I always stood by while they were there: the father and mother are I believe abandoned people, but the girl seems a sober, pretty behaved girl as ever was.

I believe the father wanted to make it up? - The father said the life of the man was of no service to him; he thought there was to be recompense made the parish if he was to be cast; and he thought he should get it; he said he thought if he could get fourteen or fifteen guineas, it would be of more service to them than the man's life.

Jury. You never heard them dictate to her what to say? - No; I always had her in my hand.

Prisoner. They wanted to extort what money they could from me and from the parish, so to make up a sum of money and to quit their neighbourhood. The mother went to get a subpoena for herself; and the husband said they should get two shillings with it. The mother would sometimes over-run the girl's wages, drinking gin at the alehouse.

GUILTY Death .

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

686. MARGARET FILTSON was indicted for stealing two linen gowns, value 15 s. a cotton gown, value 7 s. a black stuff petticoat, value 2 s. a white cotton petticoat, value 5 s. a worked muslin apron, value 2 s. a plain muslin apron, value 18. a white linen bed-gown, value 3 s. five silver tea-spoons, value 5 s. a silver table-spoon, value 5 s. a pair of silver tea-tongs, value 2 s. two black silk cloaks, value 10 s. a silver watch, value 20 s. a pair of silver buckles, value 10 s. two silk handkerchiefs, value 2 s. and a pair of linen gloves, value 6 d. the property of Thomas Hunt , in his dwelling house , August 14th .

THOMAS HUNT sworn.

I live in Crown-alley, Brick-lane, Bethnal Green . The prisoner came to live with me as a servant . On Friday the 15th of August I missed the things mentioned in the indictment ( repeating them.) The prisoner went up stairs at about eleven in the morning to make the bed; she staid a longer time than usual; in about an hour, I went to see after her. I broke open her chamber-door and she was gone: my wife missed the things. I printed some hand-bills, and the watch was found. She went away without the least notice; she was taken at the Dog and Duck, with part of my wife's things upon her, One of my spoons was in her pocket; we put her in a boat to bring her to town; when she was in the boat, we asked her what she had done with the rest of the things; she said she had left them at a public-house at the Dog and Duck. I staid in the boat with her, and the two officers went on shore and fetched the bundle from Deptford; coming up the river, she said she could not tell where she had pawned the spoons, but she would show us; we went with her to Mr. Smith's in East-Smithfield; there we found four teaspoons and a large spoon; she then took us to Mr. Morgan's. We took her before the justice, who committed her.

MARGARET HUNT sworn.

I am the prosecutor's wife; the prisoner was my servant. On the 14th of August, between eleven and twelve in the forenoon, we missed the things mentioned in the indictment. When she was taken, she had on two petticoats, a gown, cap, hat, cloak, and a pair of sleeves of mine; and she had my husband's buckles in her shoes, and one of my spoons in her pocket.

[ Edmund Wade produced the goods found upon the prisoner, and those found at Deptford, and they were deposed to by the prosecutrix.]

JOHN MORGAN sworn.

I am a pawnbroker. The prisoner pawned a watch with my servant; I was not at home at the time. Susannah Hart was present.

SUSANNAH HART sworn.

On the 14th of August, I was at the Black Boy in St. Catherine's; the prisoner came in and asked me to walk up the lane with her, and she went into the pawnbroker's and pawned this watch (looking at it) for fifteen shillings.

[The watch deposed to by the prosecutor.]

JOHN SMITH sworn.

I am a pawnbroker. On the 15th of August the prisoner pawned four silver teaspoons, a silver table-spoon, and a pair of silver tea-tongs with me for fifteen shillings; she said they were her own property. She was genteelly dressed in her mistress's clothes; as I since understand; she said her name was Margaret Hunt , which corresponded with the initial letters on the spoons.

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

[ Samuel Yardley , who was with Wade at the apprehending the prisoner, produced the silver buckles he took out of her shoes, which were deposed to by the prosecutor.]

PRISONER's DEFENCE.

I leave myself to the mercy of the court.

GUILTY Death .

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

[She was humbly recommended by the Jury to his majesty's mercy .]

687. GEORGE BROWN was indicted for stealing five silk handkerchiefs, value 20 s. the property of John Ravenhill , August 11th .

JAMES SIMMS sworn.

I live with Mr. Ravenhill, who is a linen-draper . On the 11th of August the prisoner and another man came to my master's shop, and asked to look at some handkerchiefs; they looked at several; while the shopman was serving them, as I was going into the back parlour, I looked over my shoulder and saw the prisoner putting these handkerchiefs in his left-hand-pocket; I came back into the shop; the shopman desired me to cut off a handkerchief for the prisoner; while he went to the door, the prisoner, suspecting as I imagine that he was discovered, took an opportunity to draw the handkerchiefs out of his pocket. I said I thought he was come on such an errand as that; he then ran away as fast as he could; I cried, stop thief! and he was pursued and taken. When he was brought back, and was in the back parlour, I heard the prisoner desire the other man to put some books which he had into his inside pocket, where I said he put the handkerchiefs, that it might appear there was not room for the handkerchiefs.

PRISONER's DEFENCE.

I am accused very wrongfully; I have no inside pocket; I had this coat on.

Simms. I believe he had that coat on.

[It was examined in court, and it appeared that there was a pocket-hole cut in the lining.]

Prisoner. I cut that place to secure my handkerchief.

GUILTY .

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

[Branding. See summary.]

688. JAMES GORDON was indicted for the wilful murther of Elizabeth, the wife of Daniel Dobey , by striking and beating her with a certain large stick; feloniously, wilfully, and of his malice aforethought, in and upon the right side of her neck, thereby giving her one mortal bruise, of which she instantly died , August 29th .

(He was charged with the like murther on the coroner's inquisition.)

[There was no evidence to prove that the deceased died of any violence she bad received from the prisoner.]

NOT GUILTY .

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

689. THOMAS ROBINSON was indicted for the wilful murther of Frances Pickwell , by feloniously, wilfully and of his malice aforethought, casting and throwing a pair of scissars, to, at and against the said Frances, and thereby striking, stabbing, and penetrating the said Frances with the said scissars, in and upon the left side of her neck, and thereby giving her one mortal wound of the length of three eighths of an inch, and of the depth of one inch, of which she instantly died , September 11th .

[He was charged with the like murther on the corner's inquisition.]

DOROTHY FLEMING sworn.

The prisoner lodged in a room in a house in Silver-street ; my father and mother had an apartment over the prisoner's room; the deceased was not married to the prisoner, but lived with him as his wife. On the 11th of September last I had been making the fire for my father and mother; as I passed by the prisoner's apartment, the prisoner called to me, and desired me to fetch him sixpence-worth of halfpence; I fetched it, and laid the change down upon the table which was near the bed side; this was between seven and eight in the morning; the prisoner was then in bed. The deceased was in a chair sitting in the same room; and which chair was about a yard and half from the bed. I was going away after I had laid down the change; the prisoner bid me stop and sit down; I sat down at the feet of the bed; I had not sat down there above the space of a minute, when the deceased made use of some expressions or other, but what the particulars were I do not know; I cannot say whether they were words of passion or heat, or words of contempt; but some expressions fell from the deceased, which were addressed to the prisoner. The prisoner immediately after the words were spoken, snatched up a pair of scissars from a table that was near the bed side; and sitting up in bed, he threw these scissars at the deceased. I cannot tell how they were thrown; whether they were taken up by the point, or whether they were taken up by the handles; whether they were closed or open, but I saw the scissars hit the deceased; she immediately clapped her hand to her neck; and I, seeing the blood run down her arm, ran out and called for assistance. The poor woman died in five or six minutes afterwards; I did not see her again till after she was dead. The deceased had lain up in the garret all the preceding night. The prisoner makes matts and green brooms ; and these are scissars he makes use of in his trade.

SUSANNAH SILVERSIDES sworn.

I live next door to the prisoner. About eight in the morning, on the 11th of September, Mrs. Fleming came to my house, and said she believed there was murther committed between Monday and Robinson; she was generally known by the name of Monday, I ran then directly and met the deceased a few yards from the door; she was then upright coming towards me; there appeared to be a quantity of blood running from her neck; I put my hand to the wound; but when I removed my hand from the wound, the deceased herself put her own hand there. The deceased never spoke a single word to me during the whole time I was with her; she was then about six yards from her own room; she dropped down in three or four minutes, and died very soon after. I was in company with the prisoner and the deceased over night; some words passed between them in my presence. The deceased had told me that morning, that they had had words that very morning.

WILLIAM SHIELDS sworn.

I live within thirty yards of the prisoner. I came up about five minutes after the deceased had fallen down; I saw her shrink up her shoulders in the act of dying, and she died immediately after. Myself and another person attempted to break open the prisoner's door to apprehend him: he had made the door very fast. I got an old pistol in order to intimidate him, and went round to his apartment; there I saw the window broke, and some mats put up to the window in order to keep out the cold; I removed some of those mats; there I saw the prisoner still in bed; I forced myself through the window and went up to him and seized him. He said, is she dead? I told him she was dead enough; and I said you have done a very rash action. The reply he made to it was, I know I have, good Lord pray for me: I have done it with the scissars! I saw the scissars lie upon the floor, and there was a stream of blood which followed the deceased's body, and a quantity of blood where the deceased dropped. I took the prisoner before the magistrate and he was committed; as he was going before the magistrate, he was forced to step over the body of the deceased; he looked at the body as he was going over it, and said, he hoped the mob would pray for him.

Mr. JOHN HORSFIELD sworn.

I am a surgeon. I examined the body of the deceased; I found the carotid artery was wounded, by which means the whole blood was exhausted. This was undoubtedly the immediate cause of her death. The wound appeared to have been made by a pointed instrument with an edge to it.

Could it have been caused if the scissars had been closed at the time? - No; they must have been expanded before the neck was struck; if they had been thrown close, they must have expanded of course. The instrument is very loose in the river; I apprehend they must have expanded in less than two feet.

PRISONER's DEFENCE.

I went out with some goods last Thursday; I came home about twelve in the day; she was not in the way. I boiled some potatoes; this woman's sister-in-law, an Irishwoman that lives up stairs, received her monthly money; this Irishwoman came, and met this woman in the passage; she said, Dolly, will you have a dram of your brother's money; no, says this woman that stands here, I will give a dram to Robinson, because he is good to the children. I was coming home, the deceased met us; she was very angry; she was always jealous of my spending my money with people; she made a noise; I shut the door and went up stairs; she went up and laid in the Irishwoman's room all night. She came in between seven and eight; there were no words between us. I gave her two-pence for a dram; she brought it, and we drank together; she was saying that I was giving my liquor away to those that would not serve me; I was going to treat this woman; the deceased gave me ill language; I threw the scissars at her; but God knows! not with an intention to hurt her.

Court to Dorothy Fleming . Did you hear him say any thing? - No; I ran away I was so frightened; Mrs. Clarke, who is here, came up directly after I went down.

Not guilty of murther, but guilty of manslaughter only , B .

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

[Imprisonment. See summary.]

690, 691. PATRICK BOYLE and DOMINICK M'CARTY were indicted, for that they in a certain field and open place, near the king's highway, in and upon Philip Johnson did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a silver watch, value 30 s, a cloth coat, value 5 s. a cloth waistcoat, value 2 s. a pair of cloth breeches, value 2 s. a black silk neckcloth, value 1 s. three guineas and twelve copper halfpence, the property of the said Philip , August 5th .

PHILIP JOHNSON sworn.

On a Wednesday night, about a month ago, I had been at a public-house near Ratcliff Highway; as I was coming home between eleven and twelve at night, the moon shone, a person trod upon the heel of my shone; this was near Shadwell workhouse ; I turned round and looked at the man's face; it was the prisoner Boyle. I had not seen him before; Boyle knocked me down against the wall with his fist; I then saw another man come over the way; I rose, and this man followed me round to the workhouse where there is a dead wall, and there knocked me down a second time; then there were three of them: I laid myself upon my belly to prevent their getting at my pockets; one took me by my throat and turned me upon my back, and took my watch and three guineas, and six-pence worth of halfpence out of my pocket; and they likewise took a coat, a waistcoat, a pair of breeches, and a black silk neckcloth out of my bag; for I buy and sell old clothes. I cannot be positive as to M'Carty; the other man that struck me with the stick is not taken. On the Friday following, when I was in New Gravel-lane, I saw Boyle with two women; they were dragging him along by his hands; I passed him, and then I turned back and looked in his face; Boyle said, d - n you! why do you look so hard in my face? I said how did you come by that neckcloth; he said, he bought it on board a ship half a year ago for nine-pence. I claimed this neckloth, and charged him with knocking me down; he then took off the neckcloth and held it in his right hand; I said he should go to the Barley-Mow. I was assisted by one Evans and another man to take him there; then we took him to the Black Horse; there the prisoner refusing to let go the neckcloth, we handcuffed him, and then it was taken from him; at the same time, I found my watch at the house the two prisoners lodged at.

DENNIS CRINNEY sworn.

I attend at Justice Campher's office. On the 10th of August I was sent for to the Barley-Mow; there I saw Boyle, Johnson, and one Evans; the prosecutor charged Boyle with having knocked him down, and that he and two others had robbed him; Boyle had at this time a black silk neckcloth in both his hands; the prosecutor said it was his. I seized Boyle, and desired he would let go the neckcloth; he was very unwilling to do it; at length I got it from him by force; I took him to the Black Horse, and then went to his lodgings. I found a watch in a chest there; the prosecutor said before he saw it, that if it was his watch, it had a single case, and the glass was broke; I found it to answer that description; I sealed up the watch together with the neckcloth under my own seal, and left it at the Black Horse; I had it from thence last Tuesday, sealed up in the same manner I left it.

HONOR HOY sworn.

The prisoner Boyle lodged at my house, and M'Carty used to come in there now and then; the watch was found in my chest; I had not the watch from either of the prisoners, but from one Peter Crowl , and Boyle knew nothing of it, though M'Carty was present with Crowl when I received the watch from him.

JOHN M'DANIEL sworn.

The prosecutor said, he was robbed behind the Barley-Mow, and was a good deal in liquor at the time he described the watch he had lost; he said there was a woman in company with these three people when they robbed him.

Prosecutor. That is a mistake, it was a woman at the public-house.

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

BOYLE's DEFENCE.

I have a woman here to prove she gave me that neckcloth.

For Boyle.

MARGARET DAVIS sworn.

I went into the public-house where these people were in company, that old man, M'Carty, gave me a black neckcloth; he offered to sell it me for sixpence; it was a black neckcloth, with a bit of edging at both ends of it; it was between nine and ten at night. I cannot tell what day it was I gave this neckcloth to Patrick Boyle .

How long before Boyle was taken up? - The day before. Boyle was not there. I gave him a candle to light him to bed, at ten o'clock, the same night that this robbery was done; that was on the same night I bought this neckcloth; I bought it between nine and ten o'clock.

How do you know it was that time? - Because the dial was just by me where I sat at the public-house; it was about ten minutes after nine o'clock. I heard of the robbery next day when they were taken up.

BOYLE GUILTY Death .

M'CARTY NOT GUILTY .

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

692. JOHN PLUNKET was indicted for stealing two silver table spoons, value 30 s. and a silver punch ladle, value 5 s. the property of John Blagden August 26th .

ANNE BLAGDEN sworn.

I am the wife of John Blagden , who is a merchant on Dowgate-hill . On the 20th of August, at about eleven in the forenoon, I found the parlour window which looks to the street open; I had been out, and returned in about five minutes; I missed the spoons and ladle; I laid them on the sideboard near the window before I went out; I went into the street, and a neighbour's child told me a person was gone through the gate-way, who had put some silver into his side-pocket. I desired a drayman, who was in the street to go after him; he did, and brought back the prisoner; he was carried to the Three Crowns, a public-house, and searched, but there was nothing found upon him; the spoons and the handle of the ladle were found, when he was taken to the compter; the bowl of the ladle was neyer found.

[The spoons were produced in court, and deposed to by the prosecutrix.]

JAMES MAIDENHEAD sworn.

On the 26th of August, at about eleven o'clock, Mrs. Blagden said she missed some spoons; I told her I had seen three men lurking about the window, and one was gone under the gate-way; I saw the prisoner come from the window; she desired a drayman, to follow him; I went with the drayman, and saw him take the prisoner; I went with him to the Poultry Compter; I saw him put the spoons through the iron bars to another person, a prisoner in the compter, but do not know where he took them from.

( James Simpson , the drayman, deposed that he took the prisoner, and left him at the Three Crowns.)

RICHARD HARRISON sworn.

At about half past eleven o'clock, the prisoner was brought to the compter; as I was fitting down to book him; I saw him hand the spoons through the rails to another prisoner; I went and took the spoons from the person to whom he had delivered them.

PRISONER's DEFENCE.

I am a sea-faring man . I was going to work; they laid hold of me, and carried me to the Three Crowns where I was searched, and nothing found upon me; as to the spoons I know nothing of them.

GUILTY .

Tried by the London Jury before Mr. COMMON SERJEANT.

[Branding. See summary.]

693, 694. THOMAS ELBURN and GEORGE GOODBURN were indicted for stealing thirty-three pair of shoe buckles, plated with silver, value 4l. the property of William Edwards , August 15th .

WILLIAM EDWARDS sworn.

I am a jeweller and goldsmith in Winchester-street; my boy was robbed of the buckles as he was going to the Strand; I can only speak to the property.

THOMAS HART sworn.

I was thirteen years old the 1st of March.

Do you know whether it is a good or bad thing to swear falsely? - It is a bad thing. I was going down Ludgate-hill with two parcels, one contained buckles; I do not know what was in the other; I was going with one to Salisbury-court, and the other to the Strand; the prisoner Elburn came behind me, and asked me the way to the Strand; I told him, if he would go with me I would show him, but that I was going first to Salisbury-court; he took me up an alley that goes to Salisbury-court ; then the other came up, and asked him to drink. Goodburn took the parcel from under my arm, and said he would hold it while he sent me to the Temple to find a gentleman; he went part of the way with me; I could not find the gentleman; when I came back they were both gone; I received the parcels from my master Mr. Edwards.

Mr. Edwards. On the 15th of August I delivered a parcel of buckles, containing thirty-three pair, and a parcel of sword hilts to my boy the last witness; the one he was to take to Salisbbury-court, the other to the Strand; the prisoners were taken, and acknowledged to me before several witnesses, that they took them from my boy; there was a pair found in Elburn's shoes; the rest were found at Mr. Price's, the corner of Drury-lane, Holborn.

CHARLES JEALOUS sworn.

I attend at Sir John Fielding 's; Morant and I apprehended the prisoners, and carried them before Sir John Fielding . Goodburn said they took the parcel of buckles from the boy, and he took us to the shop of one Price where Flint had sold them; they knew the boy they took them from as soon as they saw him; the other was present, when Goodburn said they took them from the boy, and had given them to Flint. I did not hear him deny it.

JOHN CLARKE sworn.

I have about fifteen or sixteen pair of buckles, which I found by the direction of Goodburn, at the house of Price, who lives at the corner of Drury-lane, Holborn.

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

Prosecutor. They both acknowledged they were a part of the buckles they took from my boy, and as soon as they saw the boy, they said, that was the boy they took them from; five or six pair more were found upon persons who were their acquaintance.

ELBURN's DEFENCE.

I know nothing about the robbery.

GOODBURN's DEFENCE.

They told me when I was before Sir John, that if I would confess every thing, I should go to sea.

John Clarke . When he was before Sir John, Goodburn wanted to be admitted an evidence for the Crown; Sir. John would not admit him, but said, if he was convicted, he would apply to Lord Rochford to send him to sea.

BOTH GUILTY .

Tried by the London Jury before Mr. COMMON SERJEANT.

THOMAS ELBURN and GEORGE GOODBURN were indicted for stealing a wooden box, value 4 s. and a brass tube and stand for a reflecting telescope, value 50 s. the property of William Gilbert , Aug. 22d .

WILLIAM GILBERT sworn.

I am an optician on Tower-hill. On the 22d of August I lost the brass work of a reflecting telescope; I advertised them on the 25th; I afterwards saw the box with the brass work at Sir John Fielding 's; the two prisoners were examined with Flint and Price; the goods were taken from my errand boy.

JAMES ANSON sworn.

I was thirteen years old the 5th of this month.

Court. Are you sworn? - Yes.

If you was to speak any thing untrue; what would become of you? - I should go the Devil. Coming through St. Paul's Church-yard, the prisoner Elburn asked me the way to Cheapside; I told him I had a box, with a telescope, tube, and stand; he followed me till I came to Queen-street ; then he said he would give me a penny if I would go down to one Mr. Jones's to fetch a little box for him, and let him hold mine the while; I went and enquired; there was no such person lived there; when I returned he was run away with the box; I did not see the other boy; I know nothing of him.

JOHN CLARKE sworn.

The two boys were taken together with Flint on account of another matter; they made a confession of this robbery, and Goodburn went with me to Price's, and pointed out the box; it was on a table up one pair of stairs; Goodburn said they took the box from a boy in Cheapside, and by the advertisement they knew who it belonged to.

ELBURN's DEFENCE.

I have nothing to say; Goodburn knew of it as well as myself.

GOODBURN's DEFENCE.

I saw the box at Flint's; he said he was going with it to Price, but I do not know how he came by it.

BOTH GUILTY .

Tried by the London Jury before Mr. Baron PERRYN.

[Imprisonment. See summary.]

695. THOMAS SAUNDERS was indicted for stealing three bushels of coals, value 3 s. the property of Thomas Nichols , September 7th .

THOMAS NICHOLS sworn.

I purchased two chaldron of coals at Brentford; the prisoner was one of the persons intrusted to bring them home.

WILLIAM JONES sworn.

I have a warehouse at Brentford, and deal in coals. On the 7th of this month the prosecutor purchased two chaldron of coals, I sent them to his house at Uxbridge in a waggon; the prisoner drove the waggon; I myself happened to be going that way from Uxbridge to Brentford; at Hamdell-heath by the sign of the Hare and Hounds, I saw the prisoner take a sack of coals out of the waggon, and carry them in doors; I followed him; when I came into the kitchen, I saw him return with the sack empty, which he took full out of the waggon. I asked him how many coals he had loaded, he said two chaldron; I asked him where he had got that sack which he brought into the house; he said at Mr. Clark's, at the same place; I asked him how many sacks he had left; he said two at the Arrow. It is the practice in the country to load the coals lose in the carriage, and put two or three sacks at the tail of the carriage for the purpose of keeping the coals in; the two chaldron were all put loose except two sacks.

WILLIAM READ sworn.

I am servant to Mr. Jones; there were loaded two chaldron of coals for Mr. Jones; they consisted of a large quantity which were loose; and there were three sacks containing ten bushels; the prisoner drove the waggon; there were no coals put in but those that were for Mr. Nichols.

PRISONER's DEFENCE.

I took up these sacks and put them into the waggon. I have no witnesses here to speak for me.

GUILTY .

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

[Branding. See summary.]

696, 697. WILLIAM KENT, otherwise GREEN , and WILLIAM WARDEN , were indicted for stealing two live Muscovy drakes, value 5 s. a live duck, value 3 s. and four Guinea fowls, value 10 s. the property of David Jenkinson , July 30th .

DAVID JENKINSON sworn.

I live in the parish of Chiswick . On the 30th of July in the morning I missed two drakes, a duck, and four Guinea fowls; I saw them all safe on the 18th in the morning; I sent an advertisement to the paper, which was inserted the 11th of August; the next day Mr. Roe came to me, and acquainted me that he had got part of my property in his hands, and that he believed most of them had gone through his hands; I went to Mr. Roe; he had one Muscovy drake and two Guinea sowls; they were my property; one Martin I found had sold some of them to a baker at Deptford.

JOSEPH ROE sworn.

I am a salesman in Newgate-market. On the 30th of July Kent brought four Guinea sowls, two Muscovy drakes, and one duck, which I bought of him; on the 11th of August there was an advertisement in the paper. I applied to Mr. Jenkinson; I had then two fowls and a drake, which he said were his; I had them of Kent, the other was not present.

MARTIN DIKEMAN sworn.

Mr. Roe employed me to carry two Guinea fowls, and a Muscovy duck and drake to sell; I sold them to a baker at Deptford, for half a guinea the four; I went with Mr. Jenkinson and his coachman to show him where I had sold them; and afterwards I went with the coachman for them.

Prosecutor. The fowls I saw at the baker's were my property.

PRISONER's DEFENCE.

I bought the fowls of a man as I was going to work.

(Warden in his defence called two witnesses, who gave him a good character.)

KENT GUILTY .

WARDEN NOT GUILTY .

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

WIDLIAM KENT , otherwise JOHN GREEN, and WILLIAM WARDEN , were indicted for stealing six live rabbits, value 6 s. the property of David Jenkinson , July 24th .

DAVID JENKINSON sworn.

I lost six rabbits on the 24th of July. I saw them safe on the night of the 23d; I published an advertisement; and Mr. Roe informed me that six of them had come to his hand, which he had given to Martin, who sold them at Deptford: I found two of them at Deptford.

JOSEPH ROE sworn.

On the 24th of July Kent sold me seven rabbits, one of them was dying, I killed it directly. The other prisoner was with him; they were advertised the 11th of August; they answered the description in the advertisement. I paid Kent; I do not believe the other was concerned.

MARTIN DIKEMAN sworn.

Roe gave me the rabbits to sell for him; I went with Mr. Jenkinson to show him where I sold them; he paid the money for them, and had them again.

Mr. Jenkinson. They were particularly marked; I am sure they were mine.

KENT's DEFENCE.

I bought them of the same man I bought the others of; he brought them to my house.

[Kent called two witnesses, who gave him a good character.]

KENT GUILTY .

WARDEN NOT GUILTY .

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

[Branding. See summary.]

698. MARY, the wife of Thomas WOOD , was indicted for stealing a pair of stone earrings set in silver, value 1 s. a plain gold ring, value 1 s. and a French crown, value 2 s. 6 d. the property of Isaac Cattle , August 14th .

ISAAC CATTLE sworn.

I live in Long-alley, Moorfields . I know nothing of the loss of the things.

SARAH CATTLEsworn .

I am the wife of the prosecutor. On this day fortnight I lost the things mentioned in the indictment; I found the crown piece at a public-house in the neighbourhood; the prisoner was my servant ; there was a quarrel between her and her companions, and they impeached her; she had paid the crown to a shoemaker, and he paid it to this public-house.

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

JOHN ELWARD sworn.

I received the crown piece of the prisoner, for a pair of shoes; I found it was worth but four shillings and six-pence; I told her so, and she gave me a six-pence to make it up.

PRISONER's DEFENCE.

I found this crown piece; I kept it in my pocket six weeks, and hearing nobody enquire after it, I paid it away.

Prosecutor. She said before the justice, she found it in the bed-chamber.

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

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

699. JOHN RICE was indicted for stealing a cloth waistcoat, value 1 s. a cotton petticoat, value 2 s. a pair of stays, value 1 s. a diaper table-cloth, value 6 d. a linen sheet, value 2 d. the property of John Magill , and a linen gown, value 2 s. 6 d. the property of Hannah Purslow , spinster , July 31st .

JOHN MAGILL sworn.

I am a schoolmaster , in Green-street, Leicester Fields . On the 31st of July, at about five o'clock in the afternoon, my wife called out, we are robbed! I ran out and met the prisoner with the things mentioned in the indictment, (repeating them) wrapped up in a sheet; I saw them in the room a little before.

HANNAH PURSLOW sworn.

I saw the prisoner with the things upon his head, tied up in a sheet; I knew the sheet to be my master's. I called out stop thief! and he was secured.

WILLIAM ROBINSON sworn.

I am a constable. I searched the prisoner and found four pick-lock keys upon him.

MARY MAGILL sworn.

I am the wife of the prosecutor. As I was looking out of a window I saw the prisoner go out with the things: I called to Hannah Purslow , who pursued him, and he was taken.

[The goods were produced in court, and deposed to by Magill and Purslow.

PRISONER's DEFENCE.

I plead guilty; I mean to leave myself to the mercy of the court; it is the first offence I was ever guilty of.

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

GUILTY .

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

[Branding. See summary.]

700. JANE, the wife of John TAYLOR , was indicted for stealing a linen sheet, value 3 s. a copper tea-kettle, value 2 s. a linen quilt, value 8 s. a bolster, value 1 s. 6 d. a blanket, value 1 s. a brass sender, value 2 s. an iron poker, value 6 d. and a pair of tongs, value 6 d. the property of Joseph Adhead , in a ready furnished lodging , against the statute, March 6th .

JOSEPH ADHEAD sworn.

I am a cheesemonger , in Wardour-street . In the beginning of March, the prisoner took a lodging in a house of mine that I let out in lodgings; she was to pay three shillings a week; she continued in the lodging about four months; she paid but about twelve shillings in the four months; I was informed she had left the lodging. I thought I was not justified to break open the door. I met the prisoner, and talked to her about paying for the lodging; she then confessed she had taken the things, and that they were pawned at a Mr. Warham's, and a Mr. Lightfoot's.

[The pawnbrokers produced the goods which were deposed to by the prosecutor.]

PRISONER's DEFENCE.

My husband and child were exceeding ill and almost starved; I laid the case before the landlady of the house, and she consented to my pawning the things, if I would redeem them before I left the lodging. My husband was so bad, he was obliged to go to the hospital; and as I was coming from the hospital, the prosecutor took me up.

GUILTY .

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

[Branding. See summary.]

[Imprisonment. See summary.]

701. MARY SMITH was indicted for stealing a linen sheet, value 4 s. a pillowbier, value 6 d. a copper tea-kettle, value 2 s. a copper stew-pan, value 2 s. a flat iron, value 6 d. and a muslin handkerchief, value 1 s. the property of James Farrell , October 16th .

ELIZABETH FARRELL sworn.

I am the wife of James Farrell . I lost the several things mentioned in the indictment; I employed the prisoner to take care of my house; she went away with the goods mentioned in the indictment and the key of my room; she sent the key by a strange woman; I enquired after her, but could not find her any where. I afterwards met with her at Covent Garden; I charged a constable with her, and she then owned that she had taken the things and pawned them at a Mr. Rochford's.

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

PRISONER's DEFENCE.

She lent them to me to make use of.

GUILTY .

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

[Branding. See summary.]

702, 703. THOMAS BURLEIGH , and DANIEL MUNRO , were indicted for stealing a trunk, value 5 s. four dimity petticoats, value 10 s. fifteen linen shifts, value 40 s. five pair of cotton stockings, value 30 s. five pair of pockets, value 5 s. five linen night caps, value 5 s. a stannel petticoat, value 2 s. six linen towels, value 6 d. a black silk cloak with broad lace, value 20 s. thirteen linen handkerchiefs, value 10 s. twelve muslin hoods, value 12 s. twelve fine muslin handkerchiefs, value 20 s. six muslin tippets, value 4 s. three linen aprons with pockets and bibs, value 3 s. three muslin sprigged aprons, value 4 s. three yards of green ribband, value 1 s. and two volumes of Johnson's Dictionary, value 8 s. the property of Mary Jones , widow , September 7th .

MARY JONES sworn.

I sent the trunk with the things mentioned in the indictment in it, to town from Esher, by John Kingham ; the trunk and its contents were lost.

JOHN KINGHAM sworn.

I brought the trunk in a cart from Esher; I saw it tied safe in the cart at Cavendish-square; when I came to Bond-street I missed it. The string was cut. I went to Sir John Fielding 's and gave information of it.

RICHARD MARDELL sworn.

The prisoner Burleigh, being pressed to serve his majesty, confessed that he, Munro, and a person not yet taken, took a trunk out of a cart in Bond-street, and put it in a coach, and carried it to the house of a Mrs. Moses. Upon this information, Munro was taken; and I went and searched the house of Mrs. Moses, where I found the two volumes of Johnson's Dictionary. Sir John Fielding told Burleigh, his confession would be of no use to him; notwithstanding which, he went on with his confession; there were no promises of favour made him.

(Johnson's Dictionary was produced in court, and deposed to by the prosecutrix.)

PRISONER's DEFENCE.

I know nothing of the robbery. When I was at Sir John Fielding 's I was asked if I knew any thing of a box stole in Bond-street; and one of the constables persuaded me to say yes.

BURLEIGH GUILTY .

MUNRO NOT GUILTY .

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

[Imprisonment. See summary.]

704. LUCY POOLE was indicted for the wilful murther of Henry Poole the younger, by striking him upon the head with the butt end of a horse-whip, thereby giving to him a mortal bruise on the right side of the head, of which he languished from the 13th of April , till the 11th of May, and then died .

[She was charged with the like murther on the coroner's inquisition.]

(The witnesses were examined apart.)

ROBERT RAYMOND sworn.

I lodged in the same house with the prisoner and the deceased; the deceased was about nine years old; he lay in the garret over my head, as I lodge in the two pair of stairs room. While I was in bed, about seven o'clock, I heard the prisoner go up into the garret and beat the boy; he cried out terribly; hearing her coming down stairs, I got out of bed and peeped through the key-hole, and saw it was the prisoner who had been up stairs; soon after that the boy went down. I dressed myself, and in going out of my room I met the boy on the stairs; his head was terribly bruised; I saw no blood at all.

What day was this? - I do not know the day of the month, I believe it was the Friday or Saturday before Good Friday.

SAMUEL RAMSDENsworn .

I am a surgeon. The deceased was brought to me on Saturday morning the 18th of April, the day after Good Friday; I examined the head and found it exceedingly soft all round; the skin was slightly discoloured: the contents I thought necessary to discharge. I should suppose it was occasioned by a fall, or a blow from some blunt instrument; all the upper part of the skull was entirely hollow; it was impossible to tell whether it was done by one or more blows; I took upwards of four ounces of blood out of it; I dressed it, and the child went home. There must have been a considerable deal of violence: he was brought to me again the next morning; I dressed him again, and ordered his head to be fomented; he was brought on Monday and I dressed him again; I did not see him again till Tuesday night; he was something worse then; and on Wednesday he was sent to the hospital.

Mr. VALENTINE JONES sworn.

I am a surgeon at St. Bartholomew's. The deceased was brought to the hospital on Wednesday the 22d of April; I saw him the next day, and perceiving the wound on his head, I asked him the cause of it.

Court. Was he apprised that his case was very dangerous? - I apprehend not; he was not from me.

Court. Then you must not mention any thing he said.

Mr. Jones. I observed a wound and a discharge from it; it was an external wound; it did not appear to me to be a dangerous one; he had been brought on the Saturday preceeding to have the advice of the surgeons; I was present. Mr. Crane ordered the woman that brought him to get his head shaved, and put a spirituous application to it; and thought it would have subsided, and in all probability it would, if they had taken his advice. I have seen many cases of greater contusions that have subsided; but it was not done. I paid particular attention to him when he was in the house; there was but one or two days that I did not see him; he had a great degree of sever on him; the wound got worse; a large quantity of matter gathered, which induced me to make an opening to let it out; I was then in hopes it would have healed; but his sever continuing very bad: there was no disposition to heal; I believe he was in the hospital eighteen days. I went into the country, on my return, I understood he was dead; it is difficult for me to say what was the cause of his death, but I believe it was owing to his bad state of health; I did not know his history before he received the wound; but I should think, abstractedly from the blow, that he must have had a fever on him; when I saw him I opened his head; there was nothing preternatural to be seen; there was no kind of fracture or any injury to the brain; I found every thing in its natural state, as a person would be in his perfect health; I think his death might have happened abstracted from this wound.

MARY POOLE sworn.

On Good Friday in the morning the deceased's sister brought him to me, and said her father desired I would take him to somebody to look at his head; I took him in the afternoon to Mr. Wathen; he felt his head, and said it was a bad affair; I must get him into an hospital; I took him the next morning to the hospital; Mr. Crane felt his head and bid me get his hair off, and bathe his head with brandy; I had his head shaved that afternoon, and it was fit to burst on the top of his head; I then took him to Mr. Ramsden, and he opened his head.

GEORGE POOLE sworn.

I am kinsman to the deceased; when his sister brought him to my father's I felt his head; there was a place as broad as the palm of my hand which was very soft.

LYDIA PEWTRISS sworn.

I am one of the nurses at St. Bartholomew's hospital. I attended the deceased from the time he was brought in till his death, except of a night; there was a watch and nurse for that purpose. When Mr. Jones went into the country, the deceased had a great sover upon him; I cannot say whether his death was owing to the sever or the wound. I do not think that he himself ever had any apprehension of his death.

Prisoner. I leave my defence to my counsel.

NOT GUILTY .

Tried by the London Jury before Mr. Justice ASHHURST.

705. FRANCIS M'CAWLEY was indicted, for that he in the king's highway, in and upon Margaret Este , did make an assault, putting her in corporal fear and danger of her life, and stealing from her person seven guineas, and an half guinea, the property of the said Margaret , August 14th .

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

Mrs. MARGARET ESTE sworn.

I was robbed between the hours of ten and eleven in a hackney coach in Gloucester-street, Queen's-square , on a Friday (I think it was) however it was the 14th of August. I was coming down Gloucester-street and I saw two men at the top of it, that alarmed me a good deal; one stood under a balcony on the left-hand as you go down the street into the square; the other stood on the opposite side. When I came down farther in the street the coach stopped; I was so prepossessed that the coach was stopped by those men I had seen, that I called out instantly. As the coach stopped I heard two men's voices speaking to the coachman. I was so much alarmed that I called for help. One man opened the coach door and came into the coach, and I think shut the door on me; I still called for help; the man held a flat piece of wood at me in his left hand, and bid me look at that, and make baste, on which I put my hand in my pocket and gave him seven guineas and a half, as I found by counting my money afterwards. It was neither a knife nor a pistol that he held to me; it seemed to me to be a piece of flat wood.

Had he demanded your money before? - No, only said make baste; I understood that to be to deliver my money.

I suppose you was much frightened upon this occasion? - The man used no ill language; and I was in a public street, where I did not suppose that I could be attacked without immediate assistance. When the man was gone out of the coach, I called out stop thief! and some gentlemen came instantly to my assistance; the men were pursued; and I was taken home, and I saw nothing further of him till next morning. I believe the prisoner is the man, but I cannot swear to him, for I did not make much observation of his person I was so considerably alarmed, not finding any body come to my assistance; by his being immediately taken, I should suppose him to be the person. I went home immediately; I live in Queen's-square, Bloomsbury. I was informed that night, that the man was taken it was a little man that got into the coach.

Prisoner. Whether you had ever seen me before I was brought to the office? - Not to my knowledge.

Prisoner. What sort of a night was it? - A very fine night; I know it was not rainy; I believe it was star light, but I am not certain.

Jury. You said the person was a little man; the prisoner does not appear to be a little man? - I should call him a little man; it was a man of the size of the prisoner, as near as my fears would give me an opportunity to judge; there were two men, one in the coach, the other at the head of the horses; I heard the men talking with the coachman as the coach stopped, which alarmed me a great deal.

Prisoner. The lady said before the justice it was dark, and she believed me not to be one of the persons. - I said at the justice's, that I believed him to be the man, but did not give it upon my oath.

JAMES PEMBROOK sworn.

I am a hackney coachman. I took up Mrs. Este at Craven-street in the Strand; I was to carry her to Queen's-square, Bloomsbury. When I was in Gloucester-street, two men came up, one stopped me and stood at the head of the horses, the other got into my coach; the man that stopped me, ran by the side of the horses ched hold of my near side horse, turned about to me, and told me he would blow my brains out, if I did not stop; before I could stop my horses, the other man got into my coach; I am positive the prisoner is the man that got into the coach and robbed the lady; I am positive to his person. When I was coming down Great Queen-street, Lincoln-inn Fields; as I turned in to Little Queen-street, I observed a man to stagger as if he was in liquor; he staggered up to the coach door, and seemed to look into the coach; and that man to the best of my knowledge, was the man that stopped the coach in Gloucester-street; I did not then observe any body else with him; I did not observe any thing further till I was stopped; I saw the prisoner get into the coach and get out again; he had a light drab coat on; I believe he was in the coach two or three minutes; the other man turned first on one side of the coach, then on the other, and said d - n her a bitch, kill her! When the prisoner came out of the coach I kept my eye upon him, and drove after him as far as I could drive, with the lady in the coach; there was a cry of stop thief! he that stopped the horses ran first, the other ran after him; they went towards Queen's-square; within six or seven minutes the prisoner was taken; the other escaped: I lost sight of him before he was taken. I could not leave my coach; he was taken to the watch-house; I went and saw him there immediately; when I came to the watch-house, the constable of the night called me in and asked me if I should know the man; the man had his hat taken off, and all the rest of the people; there were I suppose between twenty and. thirty people there; I picked him out from amongst them; it was a dollish evening: it was not moon-light.

What leads you to be so positive that the prisoner is the person that got into the coach? - It was right opposite a lamp.

I should think your attention would be more engaged by the man at the horses than the other? - When he stopped me I did not think there was any body else with him; I heard the coach door open; I turned my head and saw him get into the coach, and my eye was full upon him when he got out of the coach and ran away.

The lady said she entertained a suspicion of two people that she saw at the top of the street, and when she saw the coach stop, she cried out stop thief! did the people get about then? - By the lady's screaming, the horses, being stallions, fell a fighting; as they were frightened they broke the harness all to pieces; I stopped them; that alarmed the neighbourhood, and several people came.

Consider the prisoner's life depends upon your testimony; now can you positively swear that the prisoner is the man that got into the coach and robbed the lady? - I am positive he is the man.

(On his cross examination, he said his horses became unruly through the lady's screaming out, while the prisoner was in the coach robbing the lady, and continued unruly till after he was gone; and the lady was taken out by two gentlemen and carried to her habitation; he said he should be sorry to take a man's life away, if he was not sure; but that he knew him well, that he would sooner have taken up the other man, because of the imprecations he used to the lady; he said he swore to the prisoner by his dress; that when he singled him out at the watch-house, he was among the rest of the people, and that no one had hold of him, nor was he handcuffed, nor any thing of that sort to point him out; and that there was nobody dressed like him.)

Prisoner. The constable of the night took hold of me by the arm, and asked him if I was not the man that robbed the coach? - No such thing was said.

JOSEPH POSTLETHWAITE sworn.

I am servant to Mr. Hutton of Gloucester-street; I was in my master's house, within a door or two of where the coach was stopped; I heard a neighing of horses, and heard a lady scream in the coach; I supposed it to be the horses fighting in the carriage; I went and opened the door; I saw the coach and horses stand very quiet for about a minute or two; then I saw the coach door open and a man run from it; the coachman upon the box called out stop thief! I ran after the man and called out stop thief! at the same time; he turned up a little street that leads to Devonshire-street; I ran after him, and continued to call stop thief! A man came from the Brown Bear, in Devonshire-street to Boswell-court, and said he was gone; then we perceived something of a man running in Boswell-court; I ran there again, and cried stop thief! At the corner of Boswell-court, I lost sight of him again; I looked down East-street, and saw a man running or walking; I believe he was running down East-street; I pursued again, and cried stop thief! I saw him cross over the street to the left hand side of the way, and he went up between number 31 and 32, and stood with his back between the two doors; the watchman came out from the corner of Harper-street, just going to cry the half hour; I went over to him, and he took hold of him on one side, and I took hold of him on the other side; the people following after came up, and I left him in the hands of the watchman, and the other people, and went home to my master's house, as it was about supper time; they carried him to the watch-house.

Was the person that was taken in custody the prisoner? - I cannot say that he is.

Jury. How was he dressed? - In a light coloured surtout coat; and he was a thinish man.

Jury. Before you lost sight of him the first time was you near enough to observe his dress or make? - No; he appeared to be a littleish man.

Did not you distinguish what colour clothes he had when you saw him get out of the coach? - I did not see him get out of the coach, I only saw him run from the coach, but did not take notice of his dress.

How long do you think the period was till he was taken? - I do not suppose it could be above ten minutes at the most.

[On his cross-examination he said that he was about eight or ten yards from him when he ran from the coach that it was about half after ten o'clock, and that he had never seen the prisoner before that night.]

KENDRICK VYSE sworn.

I am a watchman; I took the prisoner to the watch-house. I joined in the pursuit after this robbery was committed; I continued the pursuit the one of our other men stopped him. My stand is about ten or a dozen doors from where the coach was stopped; the horses made a; I went down to see what was the matter; I heard them cry out stop thief! I joined the pursuit, and rung my rattle directly. When I first came up, the coach stood still. I saw a man running in a light-coloured coat; I pursued that man; he run down a passage into Devonshire-street, and cross Devonshire-street into Boswell court; I lost sight of him just by the court; I turned the corner, and again saw him running; I kept turning my rattle; one of our watchmen came up and laid hold of him almost facing the Turk's Head in East-street; I am sure he was the same person that we had been pursuing; the prisoner is the man we took up; we took him away to the watch-house; he had on a light-coloured great coat.

[On his cross-examination he said that Postle-thwaite was before him in the pursuit, but that he had seen the prisoner cross by his box before the coach was robbed.

WILLIAM SIMCOCK sworn.

I am a watchman. When I was going to cry half past ten, a gentleman looked out of his window in East-street, and said, watchman look sharp, something is the matter; I immediately went down for about thirty yards; they were crying, stop thieves! and there came a man running up to me, blowing very much; immediately as I came up to him, he stopped; I said you are the man they are pursuing; I took him by the collar, and took him towards the watch-house; some more assistance came, and we took him to the watch-house; the prisoner is the man; he had a light-coloured coat on, unbuttoned; it was a lightish night. Soon after I had taken him to the watch-house, the man that drove the hackney-coach came up; they asked him which was the man; there was, I suppose, twenty or thirty people in the watch-house; they all pulled off their hats; the prisoner stood with his back to the fire-place; the coachman directly pointed and said, that is the man.

Were there any other persons in light clothes besides the prisoner? - I cannot say; there might be a good many, but I did not in my fright take notice of any other people. I left him there, and went back again. When I took him he seemed much out of wind, and in a sweat.

DANIEL CAMERON sworn.

I went to the bottom of New North-street; I heard the rattle; the prisoner was foremost in the mob, and before the rattle; I am sure he was the man; I followed him till the other watchman that was before me stopped him; the prisoner was running as fast as he could; when he passed the corner getting into East-street, he himself called, stop thief! I kept sight of him after he came out of Boswell-court; turning the corner into East-street, I came up and took hold of him then, though the other watchman had stopped him before.

JOSEPH ALLEN sworn.

I found a guinea in an area facing the Turk's Head, in East-street; a gentleman in the house went down with me, and he picked up a half guinea and a sixpence.

Mrs. Este. I had changed a bank note that afternoon at Mr. Drury's shop; there are no particular marks upon the money.

Allen. A person who is not here, saw him throw it into the area.

Court. You must not mention that circumstance then.

Q. to Vyse and Simcock. Was the prisoner searched at the watch-house? - Yes; nothing was found upon him but a flat rule and a shilling; the rule was such an one as this (a flat rule).

Mrs. Este. It was just such a thing as this; I cannot say that it was a rule; but it appeared just such a thing as that which the man held up to me.

THOMAS BARTRUP sworn.

I was at a publick house in East-street, just by where the prisoner was taken; I heard an alarm of something; I went out to see what was the matter; a gentleman out of a two-pair-of-stairs window said there was something thrown down, money or keys; I looked down when the candle came, and saw a guinea, a half guinea, and a sixpence, lying in the area, and I picked up a guinea at the door; it lay just by number 31; while I picked up that guinea, I saw Mr. Humphrey's boy pick up two guineas; there was more money found there, but I did not see it picked up.

JOHN HUMPHREYS sworn.

I keep the Turk's Head in East-street. Hearing a noise on the 14th of April I went out to see what was the matter; my boy and my wife went out likewise; Mr. More desired me to bring a candle; he suspected that either keys or money had been flung away; I got a candle, and saw a guinea, a half guinea, and a sixpence lying in the area; I likewise saw a guinea lying near the threshold of the door; a neighbour picked that up, and my boy scrambled up a handful of dust, and in that he found two guineas more; the prisoner was then in custody; they were carrying him up the street; this is next door to No. 31 and 32; my wife picked up another guinea near the kennel, directly facing my house; the boy afterwards picked up another shilling. I have four guineas and a shilling in my possession.

PRISONER's DEFENCE.

The watchman that took me was asked at the justice's office, whether I was walking or running? he said I was walking; now he says I was running; the watchman that ran after me said he never lost sight of me only that once, whereas Postlethwaite said that he was before him, and he lost sight of me, and did not believe the other saw me. I was going to my lodgings; I heard them cry stop thief! and I ran; when they followed me, I asked what was the matter. I took it to be a press-gang. I was a stranger to London; I had been in it but two months before this. They said there was a thief; then I cried stop thief! the watchman laid hold of me, and said may be you are the thief; they dragged me from one to another; my breast was open; when the coachman came in, he asked to see the prisoner; I asked him if he ever saw me before; he said he did not know me; but before he left the watch-house, he said he believed I was one of the men; the next morning he said he was positive that I was one. The justice asked him about the other man that had the pistol; he said he was frightened. He was asked how he could know the man that was in the carriage, as the carriage door was behind him; he said he knew him by his coat. When I had done work at the Six Clerk's Office, Chancery-lane, two or three of us went to a publick house in Bloomsbury; I was returning from thence to my lodgings when I was taken hold of.

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

GUILTY Death .

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

706. JOHN FARMER was indicted for burglariously breaking and entering the dwelling-house of James Jones , on the 20th of July , about the hour of one in the night, and stealing seven earthen bowls, value 7 s. a wooden cask, value 4 s. and six gallons of geneva, value 30 s. the property of the said Jan. in his dwelling-house .

JAMES JONES sworn.

I keep the sign of the Monster in Hanover-square . My house was broke open on Monday night, the 20th of July. My family consists of myself, my wife, and two servants; I was the last up; I went to bed about half after ten; I saw all fast before I went to bed, as I do every night. One John Clifford , who lodges in the house, got up about five to go to work; he came up and told me the doors were open; I went down immediately; I found the tap-room door and the cellar door broke open; the cellar door opens into the street; they had broke the hinges off, and split it down the middle; I am sure it was fast over-night. They broke the locks of two doors; one goes out of the cellar into the passage, and the other out of the passage into the tap-room. I lost seven bowls and six gallons of gin out of the bar; the gin was in casks. I heard no noise in the night. The prisoner confessed when he was taken that he went into the yard to get a light, and let in a dog that disturbed them; he confessed the fact to Henry Floyd , and the bowls were found upon him.

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

HENRY FLOYD sworn.

I am a Marshalsea-court officer. I apprehended one Mason for robbing one Mr. Price's warehouses in the Borough, and he confessed being concerned with Farmer in this robbery, and told me where the bowls were. Mason was an evidence against Farmer at Guildford; I lodged a detainer against him, but he was discharged. I found the bowls, by the direction of Mason, at one Millan's, who is convicted, and on board the lighters. The prisoner said before the justice, that Mason and he broke the prosecutor's house open, and the prisoner wanted to be admitted an evidence. They both of them confessed it; they said it was done at one o'clock, and that there was 2 dog in the yard.

STEPHEN STRATFORD sworn.

I apprehended Mason, and he took me to Farmer's lodgings at Chelsea. Farmer let us in; I found nothing there but a few of their own things. When they were before the justice they began quarrelling which should be admitted an evidence, and both confessed the robbery. One of them (I believe Mason) said it was done at one o'clock; they said there was a dog that disturbed them.

PRISONER's DEFENCE.

I did not make any confession; I know nothing of the robbery. I have no witnesses. I hope you will take it into your consideration, these men are officers, and will swear my life away for the bounty; therefore I hope you will not pay any regard to what they have said.

Q. to Jones. Why is not the lodger here who was first up? - He is a journeyman; I did not know that he would be wanted.

GUILTY Death .

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

706. WILLIAM MATTHEWS was indicted for stealing a cloth coat, value 50 s. the property of William Allen , in the dwelling-house of the said William Allen , July 24th .

WILLIAM ALLEN sworn.

I am a taylor . On the 24th of July I lost a blue superfine cloth close-bodied coat; I saw it about seven in the evening on the shop-board in my garret; I missed it about five or six o'clock next morning; there was nobody over-night in the shop but the prisoner, who was my journeyman; he not coming to work in the morning I had a suspicion of him, and went round to several pawnbrokers, and I found the coat at a Mr. Dobey's in Holbourn. The prisoner did not come to work till I went to fetch him.

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

JOHN EVERITT sworn.

I am servant to Mr. Dobey, a pawnbroker in Holbourn; I took in this coat of the prisoner on the night of the 24th of July; I lent him sixteen shillings on it; he said he made it for his own wear; it was about his size.

PRISONER's DEFENCE.

I worked for the prosecutor. Work being slack I took a coat of my own to alter; I went out and got a little in liquor; not being fit to work, I tied up the coat; I thought it was my own, and went and pledged it.

Jury to the prosecutor. Did he leave his own coat when he took away your's? - I did not see any other; he frequently brought small parcels; I did not know what they were; he said he had a coat to alter; mine was a new coat.

GUILTY of stealing to the value of 39 s.

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

[Branding. See summary.]

707, 708. JOHN PEDLEY and ELIZABETH CHALKLEY were indicted, the first for stealing 26 lb. weight of tea, value 7 l. the property of George Bennet ; and the other for receiving the above goods, well knowing them to have been stolen , July 26 .

DAVID HUGHES sworn.

I am servant to a Mr. Territ who lives at London-wall. On the 24th of July I carried a large parcel to the Oxford-arms in Warwick-lane , directed to Banbury in Oxfordshire, Bennet was the carrier .

THOMAS HUNT sworn.

I am book-keeper at the Oxford-arms. I received a truss from Hughes to go to Banbury; I did not know what the contents of it were.

ALEXANDER SCOTT sworn.

I am engine keeper of St. Andrew's Holbourn. On the 26th of July I saw the prisoner with a bundle under his arm in Union-court, Holbourn; he delivered it to Catharine Chalkley , the bundle was broke, and the tea running out; she put it in her apron, then they parted; she went up Snow-hill, I followed her and got a constable, and she was apprehended with the bundle upon her head; this is the bundle.

(The tea was deposed to by Benjamin Hopps , the servant of Mr. Terret.)

HENRY IBBOTSON sworn.

I took Chalkley; she said she was to carry the parcel to Smithfield; upon advertising it I found out the owner of it.

PEDLEY's DEFENCE.

I never saw the tea nor the woman till I was taken before the alderman.

CHALKLEY's DEFENCE.

Going along I met this man; he asked me to carry the parcel for him to the pitching place in Smithfield, he was to pay me for it; he bid me say before the alderman that I knew nothing of it.

BOTH GUILTY .

Tried by the London Jury before Mr. COMMON SERJEANT.

[Imprisonment. See summary.]

[Imprisonment. See summary.]

709. JAMES WATTS was indicted for stealing three linen shirts, value 10 s. the property of Elizabeth Jones , widow , August 3d .

ELIZABETH JONES sworn.

I am a washerwoman . I had this linen to wash; they were in a basket in the kitchen on Thursday; the prisoner helped me down with the basket on Saturday night; I saw one of the shirts lie uppermost upon the basket; the prisoner lodged with me, there was nobody else there but the prisoner from that time.

FREDERICK WARREN sworn.

I am servant to a pawnbroker in the Minories. The prisoner pawned two shirts with me on the 27th of July, and another on the third of August. (They were produced in court and deposed to by the prosecutrix.)

PRISONER's DEFENCE.

I asked her to lend me two shillings; she said she had no money but lent me the shirts to pawn, and went with with me and stood at the door while I went in and pawned them, and she had most of the money I pawned them for.

To Jones. Did you ever give this man leave to pawn the things? - No; so far from it I was very unhappy at losing them, and suspected an innocent person of taking them; I never pledged a thing in my life.

(The prisoner called one witness who gave him a good character.)

GUILTY .

Tried by the London Jury before Mr. COMMON SERJEANT.

[Branding. See summary.]

[Imprisonment. See summary.]

710. MARY BETT was indicted for stealing three silk handkerchiefs, value 20 s. the property of William Tilsley , Aug. 14 .

WILLIAM TILSLEY sworn.

I am a linen-draper in Newgate-street . On the 14th of August when I came home in the evening the prisoner was in the shop; my wife was showing her some silk handkerchiefs, while she was looking over the handkerchiefs the apprentice gave me an item that he had some suspicion of the prisoner upon which I secured her, and she was sent up stairs and examined.

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

- FLOYER sworn.

I am apprentice to Mr. Tilsley. I was in the shop, and saw the prisoner as she was looking at the handkerchiefs put some up her petticoats; I saw the end of a piece.

Mrs. TILSLEY sworn.

The prisoner came into our shop on the 14th of August in the evening and asked to look at some handkerchiefs, I showed her some; being suspected, she was taken up stairs and I saw her searched; there were nine handkerchiefs fo und some where about her legs.

PRISONER'S DEFENCE.

I was going to take these handkerchiefs up, they dragged me up stairs; so they stuck to my stocking and the maid said she pulled them out of my stocking.

GUILTY .

Tried by the London Jury before Mr. COMMON SERJEANT.

[Branding. See summary.]

[Imprisonment. See summary.]

711. WRIGHT STAGG was indicted for stealing three linen sheets, value 18 s. two linen shirts, value 12 s. four linen shifts, value 8 s. a linen table cloth, value 3 s. and a linen apron, value 2 s. the property of Edward Clarke , August 24th .

EDWARD CLARKEsworn .

I am a cabinet maker in Golden lane . On the 24th of August, while I was up stairs, I heard my wife cry out murther; I ran down and saw all the things mentioned in the indictment (repeating them,) lie on the floor in the shop; my wife informed me that a man who was running away without a hat had robbed her; for he had left his hat in the shop; I pursued him as far as Beech lane; he turned and looked at me; I knew his face; I had seen him before; when he came to Beech-lane I lost sight of him; I am positive the prisoner is the man.

SUSANNAH CLARKE sworn.

On the 24th of August about eleven o'clock I went to the next door to get change for a shilling; I had my eye on my own shop all the time; when I returned to my door the prisoner was coming out with a bundle of things under his arm; I asked him what he had to do with my things, he said d - n you you b - h they are none of yours; I said they were mine and hawled them into the shop, he knocked me down and said he would do for me; we both fell on the floor, his hat fell off, he got up and ran off without it.

PRISONER's DEFENCE.

I was in a different place at the time; the prosecutor is a thief; he stole a gold watch, and has been an evidence against several others.

To Mrs. Clarke. How long might the scuffle between you and the prisoner last? - Ten minutes; I knew him well before; there were many people about the door; I asked why they did not stop him, they said they thought it was my husband and me quarrelling.

GUILTY .

Tried by the London Jury before Mr. COMMON SERJEANT.

[Branding. See summary.]

712. MARY BURKE was indicted for stealing a pewter pint pot, value 10 d. the property of George Owen , July 18th .

NOT GUILTY .

Tried by the London Jury before Mr. COMMON SERJEANT.

713. THOMAS CROUCH was indicted for stealing 25 lb. weight of moist sugar, value 7 l. the property of Simeon Howard and Company , July 24th .

- POOLE sworn.

I am a ticket porter. There was 25 lb. weight of sugar taken out of a cask in a warehouse at Ralph's Key ; I saw it about half an hour before it was missed; I saw the prisoner come out of the warehouse with his pockets exceedingly loaded; I suspected him and took him to a public house and found this sugar in his pocket.

JOHN POTTER sworn.

I went into the warehouse and saw the sugar missing; I afterwards saw it taken out of the prisoner's pocket; there was 25 lb. of it; it is the property of the company of porters who have the care of these sugars and are answerable for it.

PRISONER's DEFENCE.

I met a man on the keys who gave me the sugar for carrying a letter for him to the post office.

The prisoner who is a soldier in the guards , called his serjeant, who said he had been a year in the regiment and bad behaved very well.

GUILTY .

Tried by the London Jury before Mr. COMMON SERJEANT.

[Branding. See summary.]

714. ELIZABETH COCKWINE was indicted for stealing a linen gown, value 6 s. a linen shirt, value 3 s. a callimancoe petticoat, value 5 s. a linen napkin, value 6 s. a woollen cloth coat, value 10 s. and a copper coffee pot, value 5 s. the property of Aaron Hart , August 5th .

AARON HART sworn.

I live in Petticoat-lane , I am an old clothes-man . On the 5th of August these things were locked up in my drawers; I saw them in the morning before I went out; I returned between eleven and twelve in the forenoon, and found the drawer broke open; I had the key in my pocket when I went out, and I missed all the things mentioned in the indictment.

WILLIAM ELBY sworn.

I attend at Justice Sherwood's. On the 5th of August between ten and eleven o'clock in the forenoon I saw the prisoner with a lad in Goodman's-fields; they had quarrelled, and there were many people standing round; the boy said he wished he could find a constable for she had stole some things; I examined her and found the things mentioned in the indictment in her apron, and a parcel of picklock keys upon her; I took her to the justice's, and there was a note describing the things taken from the prosecutor.

ANNE ISRAEL sworn.

On the 5th of August I saw the prisoner come out of Hart's house with an apron full of things, what they were I do not know.

PRISONER's DEFENCE.

I found the things tied up in a closet in the prosecutor's room; I had the key given me to go to see the room as I wanted to take a lodging.

GUILTY .

Tried by the London Jury before Mr. COMMON SERJEANT.

[Branding. See summary.]

[Imprisonment. See summary.]

715. ROBERT GREEN was indicted for wilfully and maliciously shooting at Samuel Sneyd , Esq; with a pistol loaded with gunpowder and a leaden bullet in the king's highway , against the statute. July 15 .

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

SAMUEL SNEYD , Esq ; sworn.

On the 15th of July between eight and nine at night I was stopped on the Uxbridge road between the seven and eight mile stone from London; I was in a chaise; two men disguised in farmer's frocks rode up and the chaise stopped; I did not hear any thing till the chaise stopped; I had a blunderbuss and a brace of pistols in the chaise; I raised the blunderbuss to my shoulder, upon which a pistol was immediately fired, and the ball lodged in my forehead; I cannot say whether the prisoner was the person, as I could not distinguish persons nor faces.

How came the prisoner to be charged with the fact? - The person that lent him the horse supposed him to be a highwayman from the ill usage the horse received, and it appears to be the horse he rode; I can swear to the horses; one was a grey and the other a dark brown; the man that fired rode the dark horse.

JOHN NEWNHAM sworn.

I am servant to Mr. Sneyd. On Wednesday the 15th of July, between eight and nine as my master was returning home, we were attacked by two men, one mounted on a grey horse the other a dark, the first passed by; and in a minute after the man who was mounted on the dark horse returned and put a crape on his face and stopped the boy; my master having a blunderbuss, put it through the glass, the man on the dark horse, seeing the blunderbuss, I suppose, fired and wounded my master; I cannot swear to him; after he had fired he rode off, and I heard him say come Tom.

RICHARD ISAAC sworn.

I am a stable-keeper, I let out saddle horses and chaises. Green and Madders hired a horse of me, they kept it three days, they hired it on the Saturday before Mr. Sneyd was shot; I cannot recollect the day of the month; he was shot on the Wednesday evening about six o'clock, or a little after. Madders came and hired a grey mare for a week; he brought it home again the same night about a quarter after twelve; it was beat about the head, and the knees were broke; the head had a swelling on it as big as my knee; he called me and said he had met the gentleman he was going to see who lived a hundred miles off, and therefore he had brought my horse home; when I came down he had left the horse and was gone; I never received any thing for the hire of the horse; nor for the damage they did it.

On his cross examination he said the boy horse was brought home on the Monday night; that they never had it before nor after; that when he saw the account in the paper concerning Mr. Sneyd, he went to Sir John Fielding 's, and told him all about it.

CHARLES JEALOUS sworn.

I apprehended Green. I asked the landlord of the house where Green's stable was, he told me; and under some dung close to the stable door I found two smock frocks; I then went into the stable, there I found a powder horn and a black crape; the stable is close to the house, the landlord said he hired the stable; we then went into the hay lost, I looked about but saw nothing; I cut the trusses of hay open, and found this brace of pistols; in the next truss of hay I cut open I found this pocket pistol; I examined the pistols, one was not charged, the other was charged with four balls which I have here; the pocket pistol was charged with two balls; the stable door was open, there were three stables in the yard.

EDWARD FULLER sworn.

Green lodged at my house a month all but two days, he rented the stable of Mr. Lloyd, which I showed to Jealous.

To Jealous. Was there any appearance of the pistol that was not charged having been charged? - It had been fired off, because the pan was black.

Mr. FRANCIS TOMKINS sworn.

I am a surgeon, I attended Mr. Sneyd; I extracted the ball about two months ago; he was shot in the forehead; I have the ball in my hand, it is a very small one, not bigger than a swan shot. (The balls taken out of the loaded pistol by Jealous were compared by the surgeon with the ball he extracted, and appeared to be of the same size; and the surgeon said be thought they had been made in the same mould.)

For the Prisoner.

JOSEPH HARRIS sworn.

I am an officer in the Excise; I live at Vauxhall; the prisoner is a hatter; he made me a hat in July last; he brought it home between eight and nine at night as I was at supper; here is a receipt he gave me at the same time.

JOHN EDDY sworn.

I live in Union-street near the Middlesex Hospital; I was employed in July last to pick the lock of a stable; there were two men that had taken Mr. Lloyd's stable; I cannot speak to the man that employed me.

HENRY GREEN sworn.

I am brother to the prisoner. On the 17th of July I went to call at my brother's lodgings to borrow his horse to go into the country; on the Sunday following I went to the stable, and saw a man at the stable door with a bundle; my brother had let a part of the stable; I saw the person with a bundle in his hand; I asked him if Mr. Green was in the stable; he said no, he wanted to ask him to let him put that in his stable, for he had lost the key; he said he would go to the locksmith to get him to pick the lock; I went with him to the door, and then left him; I saw the locksmith go to the stable, and go in at the outer door.

(The prisoner called seven other witnesses, who gave him a good character.)

NOT GUILTY .

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

ROBERT GREEN , and THOMAS MADDERS were indicted, for that they maliciously and feloniously did assault Samuel Sneyd , Esq. with an offensive weapon and instrument, called a pistol, with an intent to rob him against the statute , &c. July 15th .

There was no evidence given.

BOTH NOT GUILTY .

716. JOHN FREDERICK GABELHOUSAN was indicted for stealing two cornelian stone seals, set in gold, value 30 s. the property of William Cartwright , privately in the shop of the said William , November 3d .

ANNE CARTWRIGHT sworn.

I am the wife of William Cartwright ; my husband is a jeweller and toyman in Bond-street . On a Saturday in the beginning of November last, at about eleven o'clock in the forenoon; the prisoner came into the shop, and asked to see some bottle-stands; I showed him some which he looked at, but said they were not high varnished enough; he then asked me, if the seals which were in the show glass were gold; I said no; he asked me if I had not some gold seals; I said we had; he desired to look at them, upon which I took out the drawer, and showed them to him; he said they were not good enough, and therefore desired to see some cornelians; he wanted to have his arms cut in them; he then went away, and said he would come upon the Monday following; he did come on Monday about twelve o'clock; it happened at that time, I was alone in the shop; a carriage came to the door just at the same time as the prisoner came in, upon which I made some apology to him to be excused to go to the carriage; he said by all means; while I was at the carriage, my husband came into the shop, and attended upon the prisoner. I was about ten minutes with this carriage; then I returned into the shop. In three or four minutes afterwards the prisoner went away. In about two days after this my husband mentioned to me, that two cornelian seals, set in gold, were missing from a drawer; this drawer is in a glass case in the shop. When I returned into the shop from the carriage the drawer was out; it had been taken out by my husband; the prisoner went away in about the space of three or four minutes after I came in; I know there were two such feals in the drawer; these seals were found about a month or six weeks afterwards, exposed to sale, at one Mr. Dartnall's shop, a silversmith in Oxford-street; they were worth fifty shillings.

[On her cross examination she said, that many people use their shop, but that at this time she was certain, that when the prisoner came in, there was no one in the shop but herself, that when she went to the carriage her husband came in, and when she returned into the shop, there were no other persons in the shop but her husband and the prisoner.]

DANIEL DARTNALL sworn.

I am a silversmith in Oxford-road. Sometime in November last the prisoner came to my shop, and offered me a gold seal upon his watch chain to sale, and a cornelian stone seal, set in gold; he asked a guinea for it; I gave him sixteen shillings, and thought it a fair price to a gentleman for a second hand seal; two or three days afterwards the prisoner came again to my shop, and offered another cornelian seal, set in gold; this second seal I did not think so strongly mounted as the former, therefore I thought it not of so much value, and offered only fourteen shillings; the prisoner said, he thought it of as much value as the other, however he accepted the fourteen shillings. In about three weeks or a month after this Mr. Cartwright came into my shop, saying, he saw two seals exposed in my window that were his property, and desired me, if I could recollect the person of whom I bought them to stop him; after this, I do not know but it might be the end of the month of November, but it was a considerable time before Christmas that the prisoner called again at my shop, and offered another seal to sell which was made of a composition. Thought I had been desired by Mr. Cartwright to stop the man of whom I bought the seals, the prisoner had so much the appearance of a gentleman, that I could not prevail upon myself to stop him, but I acquainted Mr. Cartwright with it, and in few days after I was summoned before the justice's in Litchfield-street; they said it concerned myself and my character to stop the person of whom I bought these seals. In a few days after the prisoner came in order to sell a locket to me; then I stopped him, and he freely went with me before a justice.

[The seals were produced in court, and deposed to by Mrs. Cartwright.]

PRISONER's DEFENCE.

I received these seals. After I had been in Spring-garden Coffee-house with two officers, one Mr. Johnson, an English officer, and one Mr. Miller, a German officer; they asked me several times to lend them some money; I had lent them three guineas; Mr. Miller came and asked me for two guineas more to save him from being arrested. I lent him twenty-seven shillings, and took these seals of him; he said he would give it me in six or eight days in that coffee-house; he used to come there almost every morning to take his soup. I asked for them; they did not come there for three weeks after. I was informed of the other officer there, that he had set out for France. I walked from the silversmith's shop; I had been several times there; he cannot say I have not behaved like a gentleman. I asked him to buy these seals; he asked me what value I set upon them; I said they had been offered me for money, I do not know the value of them; he gave me sixteen shillings; after three days I went to the same shop, taking this other seal from my watch chain; he paid me fourteen shillings for it; he saw me behave like a gentleman; I afterwards walked in Oxford-road by his door; he said, will you walk in; I said, yes; what is the matter? he said the two seals he had bought of me had been missed out of a shop in Bond-street; I said, Sir, I hope you will not think I am capable of such low things, as to take them; I would tell him in what manner I had come by them; he said he could do no other then stop me, and I must go before the justice; I said I was ready to go, for I was innocent: a coach was called; I was taken to the justice; I told him by what means I came by the seals; the justice said I was intirely innocent, but he said, that by the laws of this, country, if I could not find this gentleman out that I had the things of, I must be put in the same shoes, which alarmed me very much; I was bailed by that gentleman near my counsel; I should never let these things lie on my honour. I have been known by gentlemen of honour, character, and property. I said I would go and find the man that gave me this seal; I went and enquired for the two officers; I was informed they were gone to Paris; I set out after this German officer; I had seen him before in Holland; I went through all Flanders, but could not find him; I went all over Holland; nobody could give me intelligence of him; I left my family here; I am married to a respectable family in England; I was sure, if I could not clear my character I should be lost; I went to the Prussian Ambassador, and told him what had passed. I served the King of Prussia seven years as first surgeon of a regiment; the Ambassador said, I could have a regiment of the King of Prussia's when I got back, if I would leave my wife and family; I said, no, I could not leave my wife and children; I came back, and told my friends that had bailed me, in what manner I had done every thing that a gentleman could do for his honour and character, but could not find him; they were all very sorry till I appeared; I cannot say that this lady ever left me alone in the shop.

To the Prosecutrix.

This drawer from which these seals were lost; was it kept within your shop, or exposed in the window? - Within the shop. It is a drawer that is in a glass case, that is fixed on the counter.

Jury. When you left the shop, and went to the coach; was this drawer open, so that he might take the seal? - No; my husband took it out, and showed him the seals.

You never remember to have seen these seals exposed after the departure of the prisoner from the shop? - No.

For the Prisoner.

GEORGE PERWIN sworn.

I am a watchmaker. Dr. Gabelhousan came to lodge with me in 1775; he lodged with me about a year and three-quarters; no man could behave better; he always paid me regularly every week; he gave me a guinea a week for the first thirty weeks. After that he said, Mr. Perwin, I shall be in town in England about a year longer; I hope you will make it easy as I stay so long. So as he staid a year longer, I let him have it at sixteen shillings a week; he always behaved like a gentleman, and kept good hours; he never wanted to be denied to any body. He married a Mr. Pitt's sister of Monmouthshire; he had a good deal of company sometimes, and plate and other silver things were about. I never lost any thing, nor had any suspicion of him.

(The prisoner likewise called Samuel Fletcher , William Wingfield , John Ellwood , Thomas Morrell , and - Stevens, who all gave him a good character; and Mr. Fletcher said the prisoner was bailed, and went to Holland, and returned again to England.)

Mrs. Cartwright said, it was a different charge that the prisoner was bailed upon.

NOT GUILTY .

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

718. JOHN FREDERICK LUDOVICK GABELHOUSAN was indicted for stealing a pair of silver shoe-buckles, with silver chapes and tongues, value 10 s. the property of David Bendix , privately in the shop of the said David , August 17th .

DAVID BENDIX sworn.

I am a silversmith and slopseller in St. Catharine's . The prisoner was at my shop on Monday the 17th or 18th of August; he asked me to let him look at some dozens of buckles; I had never seen him before to my knowledge; before I showed him any, I looked at his person a good deal, because he asked for dozens; it is unusual to sell plate by dozens. I asked if he wanted plated buckles; he said, no; for the term of plate in the trade is so much per ounce, and so much for fashion; he said he was a tradesman, and was going to Hamburgh. I looked at him very much; it appeared odd to me that he should ask me such a question, but seeing the man creditably dressed, I did not suspect him; I thought he might, being a stranger, make a mistake in the language. I took out a drawer and showed him some silver buckles; he looked out two or three pair; then he asked to see some more; I was rather loth to show him any more; but my wife being behind the counter, I gave her a wink; there was besides a sailor and a captain in the shop, and another gentleman, who is now in court; when the prisoner had looked out three or four pair, I told Mrs. Bendix, in Hebrew, that she should take care; I put the drawer in, and then took out another drawer; he picked out two or three pair from the drawer, and laid them down on the counter himself; he looked two or three pair out of the other drawer; he asked for more; I put that drawer away and showed him another; while he was looking at that, which was the third drawer, I suspected that he had some scheme or another, and that he did not mean to buy, for he chose a broken buckle of one pattern along with another odd buckle; from that circumstance I saw that he was not a buyer nor a trader, yet I thought I would give him his way, and see what he was about. His appearance deceived me; I gave as much attention as I could to his hands; he took out a purse; seeing It was pretty well loaded, I did not suspect him; it was a close worked purse, so I did not see what was in it; but it appeared before the justice that it was filled with foreign farthings. He asked for the first drawer again; I dare say in all he looked over ten or a dozen drawers, containing to the amount of three or four hundred pair of buckles; among all the drawers he chose thirteen pair of silver steel chaped buckles; I told him, you had better make it even, there is thirteen; O, said he, it does not signify; let me look at some knee-buckles; he behaved very genteel and polite, and made use of a great many compliments. Mrs. Bendix took out a drawer with knee-buckles; there were then upon the counter three or four drawers of knee buckles and shoe buckles; he had his handkerchief almost in constant motion, in this form, (describing it) rubbing his hands with it, and so on; then he pulled off his gloves and put them on again; then he took out the buckles; I could not see whether he took any thing or no, for his hands were very quick with his handkerchief and gloves; there was a pair of knee-buckles handed over to him by my wife; a knee-buckle fell down, but whether she dropped it, or the prisoner, I will not take upon me to say; however it dropped; I stooped, and Mrs. Bendix stooped, and I believe the gentlemen in the shop stooped likewise; whether he took that opportunity to take the buckles, or put them in the gloves or handkerchief, I cannot say; but he took a pair of silver buckles.

Court. Did the prisoner stoop also as well as you? - No; he stood up. He chose thirteen pair of knee-buckles out of the different drawers; we laid them by with the others. He then asked for some silver buckles that the chapes and tongues were all silver; he looked out six pair of them; I asked him whether he wanted any all silver knee-buckles; he said, no; but he should want some second-hand watches; but I showed him none; I was lifting up the flap of the counter to go and weigh these buckles in the scales. I heard somebody say I will be here at five o'clock, after 'Change, and he was gone all at once. He never asked the price per ounce, or for fashion, or any thing whatsoever. I was startled at his going away in that manner; I said to my wife, this man has robbed me. I put the goods in a paper which I was going to weigh in the scales, and threw them behind the counter upon a board, and desired my wife to put all the drawers in; the gentleman remained in the shop, and I went after the prisoner in my morning gown and my night cap; I followed him up Tower-Hill; I was not positive he had taken any thing, but I intended to follow him, to see whether he would go into any other silversmith's shop, so that I might enquire what his business was there, or tell the shop-keeper how I had been served. I saw him turn round very short sometimes, and look back; whether he did not know me, or did not see me, I cannot say. When he came upon the hill, he turned very short into an alley; I followed him as close as I could, and saw him just get into a pawnbroker's shop, the corner of Catherine's lane, where I since understand he offered my buckles for sale. His dress, person, and appearance were so good, that I was afraid to challenge him. I stood at the corner of the lane, so that I could see him come out. I called a fruit woman, and bid her go in to the master of the shop, and tell him a gentleman wanted to speak to him; the prisoner instantly came out; as soon as he saw me he was startled; I said, Sir, you must go home along with me; he made me no answer but I be a gentleman, O Sir, I be a gentleman, and he came and squeezed my hand; I held him by the coat; I said he should come along with me; he said, he would go and treat me with some liquor in a house; I could get no English out of him then, whereas before he spoke very good English. I took him to my house; he wanted me to go to a publick house, the sign of the Hamburgh Arms, where the Bremen captains use; I sent for the person who keeps the house; he said he did not know the prisoner. I told the prisoner he had certainly robbed me; I asked him, what he did do at the pawnbroker's: a mob came and said I should secure him; I asked for a peace officer, I could not get one; I asked him what he had got belonging to me, he would not say any thing for a long time but I be a gentleman, I married to such a great lady; and he mentioned the Earl of Denbigh, and Mr. Pitt, and Dr. Franklin; at last he asked to speak with me alone, I said I would not speak with him alone; I asked him what he had robbed me of; at last he said I have got no more than one pair; and he took a pair of buckles out of his pocket; he took hold of my hand and kissed it, and begged for God sake I would let him go, for he was a gentleman, and it would spoil his character for ever; I told him that as he was a gentleman and behaved in that manner, that I would be as severe upon him as the law would allow; he then offered me two half guineas and a watch which he took out of his pocket with some silver, which he offered me to let him go. I sent to the pawnbroker's, and was informed that he had offered to sell the buckles; I took him before Justice Clarke and he was committed; the buckles he produced to me had no other mark than the hall stamp and the maker's name; I knew I had two pair of the same pattern. I examined my buckles and found one pair missing; nobody had been in my shop after the prisoner. (On his cross examination he said that he had seen the buckles in the drawer a day or two before, that they had never been sold, that he could swear to them; that when the prisoner gave them to him, he said he took but one pair, and there they are, and gave them to him.)

ISRAEL ABRAHAMS sworn.

I was present in Mr. Bendix's shop when the prisoner came back again; I saw him deliver the buckles to Mr. Bendix; he said don't make a noise, I will give you a guinea and my watch to let me go; afterwards he said I took the buckles because I had not money enough to go home; these are the buckles (producing them.)

On his cross examination he said that when the prisoner was brought back, the prosecutor said you certainly have taken something of mine; and said he would send for a peace officer; that the prisoner then said, don't make a noise here are the buckles, and I will give you a guinea and my watch; don't say any thing.

JOHN MORGAN sworn.

I am a pawnbroker, I live in Manor-row, the top of St. Catherine's lane. On Monday the 17th of August the prisoner came to my shop and offered to sell this pair of silver buckles; I asked him if he wanted to pledge them; he said no to sell them. I said I did not choose to buy them, and I gave them to him again; he was met at the door by Mr. Bendix, I am certain the prisoner is the person; I perceived the buckles were new and therefore I did not choose to buy them. I weighed them, they weighed an ounce and three quarters.

PRISONER's DEFENCE.

Gentleman, you will remember I told you I had been in Holland; I bought these buckles in a shop in Rotterdam; several gentlemen there desired me to bring some new fashioned buckles; I put these buckles into my pocket with intention to buy fashionable buckles; I was to send some beer and cheese aboard for the Prussian ambassador; I went to enquire for Captain Wilcox at a publick-house in St. Catherine's, I went there to him; they said I should see him upon 'Change; I went into this shop, not knowing that I came among a set of Jews; I said I saw some buckles in his windows which would do for foreign countries; I asked what he asked an ounce for the buckles, he said he did not sell them by the ounce but by the pair; I saw a great many buckles in different drawers; a captain came in at the moment I was to talk with him over the buckles with a watch to mend; he catched the watch from the captain and looked over it, the time was long for me; I said Mr. Bendix, let these buckles be together; I shall certainly be here at five o'clock; I am going to 'Change; because I thought to embark this beer and cheese at five o'clock; this man who is in his heart a Jew; his own heart being not clear, he thought I must be a thief. I intended when I bought some buckles to change my buckles; so soon as I walked out of the shop, not thinking that any body watched me, and not knowing that it was a pawnbroker's shop I went into it; I said, Sir, what are these buckles worth? He said will you pawn them, I said no, then Bendix came after me, and said you have been in my shop; have you not seen some buckles; not knowing what to say, I was in such a part of the town, I did not see a gentleman there; I said come with me to the publick-house I came from; I was afraid these blackguards would murther me. So soon as I came into the shop he locked the door; he asked me what had I been in that shop about; I said I went to see what was the worth of these buckles; in this moment he thought that the buckles must be his property. This gentleman and another tore my shirt; they beat me in the eyes that I thought I should be murthered; the door was shut, and three or four Jews about me beating me; they tore me by my coat before the justice; I asked for a coach, not to go among a thousand blackguards: no I should not have a coach. As soon as I came before the justice I was kept in a publick-house, at the same time my prosecutor was going to the justice's; I went before a justice Jasper Clarke ; I shall remember his name as long as I live; he would not hear me, but committed me to Clerkenwell Bridewell; this man sent five or six Jews to accommodate the affair if I would give them money; I said I would not buy it off; then he had his fears that I should prosecute him after; and that has brought him through spite and malice here to prosecute me and nothing otherwise; I leave it to you my lord and gentleman to judge, whether I am capable of taking this Jew's buckles, or being so low to kiss his hands; he says that I had nothing more in my pocket but a parcel of farthings; these were money of consequence that I had for antiquity, and had a couple of half guineas and some silver; it is nothing more than malice which brought me here: I will say nothing more, but recommend me to your special judgement.

For the prisoner.

SAMUEL FLETCHER sworn.

You received remittances from abroad for the prisoner? - Yes; he has several times had five guineas at a time and sometimes more; I always readily supplied him when he wanted money, and if he wanted it now at this time he should have it.

GUILTY Death .

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

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

720, 721, 722. ANNE LAWRENCE , MARY CATTERTON , and SARAH LEMON , were indicted for stealing two silk handkerchiefs, value 9 s. and three yards of muslin, value 40 s. the property of Thomas Ham , privately in his shop , September 2d .

ALL THREE NOT GUILTY .

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

723. ELEANOR, the wife of William M'CARTY , was indicted for uttering a false and counterfeit shilling, knowing the same to be false and counterfeit .

2d Count. For having in her possession at the time of the said uttering, another false and counterfeit shilling, knowing the same to be false and counterfeit, August 26th .

THOMAS FELLOWS sworn.

I keep a shop in New-market . On the 26th of August the prisoner came to my shop for a pennyworth of eggs; she offered me a bad shilling; I showed it to Mr. Proctor.

JOHN PROCTOR sworn.

On the 26th of August I passed the prisoner in Hart-street; I suspected she was a putter off of bad money; I followed her into Mr. Fellow's shop; she purchased a pennyworth of eggs and gave him a bad shilling; I said I had a suspicion of her and would search her; I found upon her four bad shillings, three good six-pences and thirteen-pence in halfpence; she had several little articles in her pocket that seemed to be halfpenny and pennyworth of plumbs and such things.

(The shillings were produced, and Mr. Henry William Atkinson , one of the moniers of the mint, deposed that they were counterfeit.)

PRISONER's DEFENCE.

Last Thursday was a month my husband was pressed, and carried on board a tender; I had half a guinea I had saved; I went on board; a sailor gave me change; he gave me nine shillings and sixpence, and was to give my husband the other shilling; I gave my husband three shillings more; I did not know the shillings were bad; I had them in change for the half guinea.

GUILTY .

Tried by the London Jury before Mr. COMMON SERJEANT.

[Imprisonment. See summary.]

724, 725. THOMAS BRISTOWE and MORRIS BARNARD were indicted, for a conspiracy to cheat and defraud one Thomas Orme , and obtaining by false pretences from the said Thomas, five guineas , June 28th .

THOMAS ORME sworn.

I live at Castle Dunnington in Leicestershire. After my wife was dead, a person brought a bill against me that she had contracted before we were married; I would have paid him half of it, but he would not take it; a neighbour or two advised me to go to Mr. Bristowe for his advice; I went to him, he said he was coming to my house to wait on two or three gentlemen who were going to London; he said if I would go with them he would set me free, and if my creditor would not stay, I might tell him I would treat him with the butt end of an act of parliament; he gave me a hand-bill which was published in the Leicester paper and stuck up against the wall, but I had not seen it till he gave me one; he said he would take care to set me free, nobody should get a farthing; I asked him what the expence would be, he said seven or eight pounds, and we should be back in four or five days. Mr. Bristowe, Simon Norton , and I set out in a post chaise for London on the 26th, and got here in a day and a night; on the night we came in, he went out to speak to somebody about it; he returned to us, and said he had been to the gentleman and he had got our business in forwardness; he spoke to the gentleman at the Swan with Two Necks in Lad-lane , for a private room. On Sunday there were Simon Norton , Mr. Bristowe and I present, and two gentlemen from Nottingham. Barnard came and pulled a parcel of papers out of a bag and wrote what they liked: Barnard said to Bristowe, we must swear one has been at such a place, and the other has been at such a place; Bristowe said that would do very well; he wrote something and hurled it over the table for us to sign.

What place did he say they must say you had been at? - He said one at Calais, the other place I cannot remember; he then ordered us to set our hands to that writing; then Bristowe told Norton he must pay Barnard five guineas; Norton scrupled it and wanted a receipt; Barnard asked him if he disputed his being a gentleman; Norton then paid the five guineas; then Bristowe said I must pay Barnard five guineas; there was nothing said what Barnard was, we did not know we were to have any thing to do with any body but Bristowe; we asked what Barnard was; Bristowe said it cost him three or four hundred pounds to learn the business, and would we take the business out of his hands. I paid him five guineas.

Was any thing said about crossing the salt water? - That gentleman said something about crossing the salt water over a piss-pot, or something of that kind.

What good were you to receive for the five guineas? - We were to be discharged in two or three days by his order; he said something about the insolvent act; we did not know the meaning of it. Norton and I went up to Bristowe the next day; he was in bed; he got up to let us in, and we asked what Barnard's name was; he would not tell us, but began to d - n and sink, and said it cost him four or five hundred pounds to learn this business, and what the devil do you think (says he) I will tell you his name, if you get your business done that is enough for you. I afterwards spoke to a Mr. Williams, and we apprehended them.

(The hand-bill given the witness by Bristowe, was produced in court and read as follows:)

"WHEREAS many persons labouring

"under most GRIEVOUS oppressions from

"their defenceless situation, are constrained

"to silence and quiet submission to the ATTROCIOUS

"ROBBERIES whic h are daily

"committed by the INFAMOUS APPENDAGES

"to the law.

"To remedy such evils as much as possiable,

"a GENTLEMAN of known abilities

"and integrity, in conjunction with sundry

"able GENTLEMEN of the law, proposes to

"give his assistance to such as wish to be extricated

"from intricate and perplexed embarrassment.

"The AUTHOR is actuated by no other

"motives than those which tend to alleviate

"the affiction of the helpless, to relieve the

"unfortunate of every denomination, against

"the chicanery of pettyfogging (would be)

"ATTORNIES; the shameful plunder and

"extortion of BAILIFFS and SHERIFF'S

"brokers, and to prop up such as groan beneath

"opulent and intolerable TYRANNY.

"That unhappy species of DEBTORS,

"who are amenable to the bankrupt laws,

"will assuredly meet with such able and

"friendly advice as will fortify them, not

"only against a PRISON, but most of those

"calamities attendant on BANKRUPTS in

"general.

"The supporters and advisers of this address,

"hope it will be received and esteemed

"to be what it really is, the dictates of benevolence,

"independent of any pecuniary

"views; as a proof of which, all persons

"in indigent circumstances will be entitled

"to every assistance free from expence.

"Apply to Mr. Thomas Bristowe , Cavendish

"Bridge, Leicestershire."

Court. Did you during this transaction know where Barnard's house was? - No; we could not get at his name till he was taken up.

(On his cross examination, he said he was a publican, that they paid the money to Barnard, that they did not pay any to Bristowe, that he never told any body, he only wanted to get a little money of Bristowe, but that he was determined to go forward with it; that some money was mentioned to him, but he said, if they was to lay down a thousand pounds he would not take it; that he was determined he should not serve any body else as he had served him. That they said, they must make them fugitives, and talked about the Insolvent Act, but he did not know what it meant; that he was quite a stranger to an Insolvent Act, and did not know what it was; that Barnard never told him he was to surrender to a prison; that they told him he should go home in two or three days; that when he saw Bristowe sit drinking all day Sunday and Monday, he was uneasy and wanted to go home; that he never told Barnard he had no effects, but he had assigned them over months before. Being asked if he was to surrender to a prison why he signed the schedule? he said he signed the paper without reading it; that they did never tell him what it was, nor did they say that they were to swear at all.)

SIMON NORTON sworn.

I am a gardener in Leicestershire. I came to town with Bristow and the last witness; we were to be discharged from the incumbrances we were in, but I did not know by what means. We met with Barnard at the Swan with Two Necks in Lad-lane on Sunday; Barnard and Bristowe asked for a private room, when we came into the private room Barnard pulled out a bag of writings and asked me if I intended to be discharged; I said, what do you think I came here for? he said very well, I need say no more to you; and he said to Bristowe we must fix them as fugitives; Bristowe agreed to it, and he began filling these papers up. Bristowe said Barnard was an attorney, that he was the man that was to do the business for us; I asked Bristowe more than once how this was to be done; Bristowe swore it cost him five or six hundred pounds to learn this; and if I tell you or any body, you will take the business out of my hands. I saw Orme pay Barnard five guineas. (A paper shown to Orme.)

Orme. That is the paper I signed; that is all that was done for the five guineas.

(Norton on his cross examination said that Bristowe never demanded any money on his own account; that Bristowe had cleared several people in the same manner; that Barnard said we must go over the piss pot and then they could get some Abrahams and Moses's, or somebody, for five shillings and threepence to swear they saw us go over the salt water; that he never said in conversation with a Mr. Fletcher; that he did not want to hurt Bristowe, but only wanted to get a little money to pay his debts; that he never said any thing about this matter to any body, except his wife; that he told Barnard he had assigned his effects over five years before, and had nothing he could call his own but a turnip-hoe, or something he worked with, and that Barnard said he belonged to some prison, but the witness said he did not know any thing was said about surrendering to a prison.

WILLIAM PAYNE sworn.

I apprehended the prisoners in a parlour; they were together at the Paul's Head tavern; I got hold of Barnard's bag; he said, let it alone, and pulled out the two schedules; I asked Barnard if he received any money of the men; he said he never had received a farthing; the two men said they paid him ten guineas; he then confessed he received it, and that he gave Bristowe five guineas; Bristowe at first denied that, but he afterwards confessed he received the five guineas.

Barnard said in his defence, that his business was only with Bristowe; that he had nothing to do with the men, that Bristowe was to be his paymaster; that Bristowe told him they were to take the benefit of the act as fugitives; that he asked them if they had been abroad; they said yes, one said at Calais; that he showed them the act, and told them they must make a schedule of their effects, and that they must surrender to a prison, and could be cleared no other way; that he waited at home on the Monday, expecting that they would come and surrender, but saw nothing of them; that on the Wednesday Bristowe told him they were gaping about the town, and he could not find them; that he did not see them again till they came with an officer, and gave charge of them.

For Bristowe.

GEORGE BIRD sworn.

I know Mr. Bristowe. On the 10th of this month I was at Orme's house, and heard him say he did not want to prosecute Mr. Bristowe, he only wanted some money of him; there was one Colshed in company with him at the time.

[On his cross examination he said there were several people present; that he asked who Bristowe was; that Orme said he lived at Cavendish Bridge; he said he was a fool below the law, and a rogue above it; that he thought it a very awkward saying; that he lived fourteen miles off, and was a stranger in the country.]

Orme. I never said any such thing; I do not know the man; I never was in his company to my knowledge in my life.

(Bird then said that he told Bristowe of it next morning; that he had no conversation with Bristowe about it at any time before; that he had heard something of the affair, and asked Orme who Bristowe was, to hear something more of it; that he had known Bristowe many years.)

EDWARD DAWSON , sworn.

I am a neighbour to Mr. Bristowe. Orme came to my house about three weeks ago, and asked for Mr. Bristowe, and said he should be glad to drink with him, and seemed very sorry he could not find him. Mr. Bristowe bears a good character.

Orme. It is not true.

(Bristowe likewise called Samuel Foster and John Foster , who gave him a good character.)

BOTH GUILTY .

Tried by the London Jury before Mr. COMMON SERJEANT.

[Pillory. See summary.]

[Imprisonment. See summary.]

726. DANIEL MURPHY was indicted for procuring a person to join with him in three different notes, by the name of Patrick Murphy , in order to avoid the payment of 26 l. 10 s. in order to defraud - Wilson , May 24th .

It appeared upon enquiry to be a crime of a higher nature; the court therefore directed the jury to acquit the defendant of the fraud, and he was immediately committed by the court to take his trial at the next Session for forgery .

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

Received Sentence of Death, 10.

James Durham , Francis Delile , George Goodwin , Joseph Green , John Lodovick Gabelhousan , John Jones , Margaret Tilston , Patrick Boyle , Francis M'Cawley , and John Farmer .

Navigation for 2 years, 1 months, 20 days, 1.

James Beach .

Navigation for 5 years, 2 months, 12 days, 1.

James Burch .

Navigation for 5 years, I.

William Flint .

Navigation for 3 years, 7.

Thomas Elburn , George Goodburn , Thomas Jones , John White , John Pedley , Thomas Burley , John Best .

Branded and imprisoned 6 months, 10.

William Taylor , Jane Darvin , Jane Watts , Elizabeth Cockwine , Mary Bett , Anne Powell , Mary Price , Eleanor Morris , Jane Taylor , Edward Harrold , alias Salt.

Branded, 12.

William Johnson , Robert Woolley , John Plunkett , Wright Stag , Thomas Crouch , Thomas Saunders , William Kent , alias Green, William Matthews , John Rice , Mary Smith , George Browne , Daniel Hallett .

Branded and imprisoned 1 year, 2.

Sarah Goddard , Thomas Robinson .

Branded and imprisoned 3 months, 1.

Rebecca Abrahams .

Imprisoned 3 years, 1.

Elizabeth Chalkley .

Imprisoned 1 year, 1.

Eleanor M'Carty .

Fined and imprisoned 2 years, 1.

Sarah Young .

To stand in the pillory, and imprisoned 1 year, 2.

Thomas Bristowe , Morris Barnard .

Whipped and imprisoned 6 months, 2.

John Pearce , Anne Gilliam .

Whipped and imprisoned 3 months, 1.

Mary Ward .

Whipped, 3.

James Kennedy , Jane Wallace , Joseph Rutt .

This Day is published, Price Half a Guinea, (DEDICATED WITH PERMISSION TO THE KING) BRACHYGRAPHY; OR, An easy and compendious SYSTEM of SHORT-HAND, ADAPTED (After more than Forty Years Practice) to the various Sciences and Professions. By the late Mr. THOMAS GURNEY .

The NINTH EDITION, considerably improved according to the present Method, By his Son and Successor JOSEPH GURNEY , (WRITER OF THESE PROCEEDINGS) BY WHOM Trials at Law, and Arguments of Counsel are carefully taken in Short-hand.

Sold by M. GURNEY, No. 34, Bell-Yard, Temple-bar.

*** The Book is a sufficient Instructor of itself, but if any Difficulties occur they shall be removed upon Application to the Author without any additional Expence.