Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 22 November 2014), January 1779 (17790113).

Old Bailey Proceedings, 13th January 1779.

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 13th of January, 1779, and the following Days;

Being the SECOND SESSION in the Mayoralty of The Right Honble SAMUEL PLUMBE , LORD MAYOR OF THE CITY OF LONDON.

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

NUMBER II. PART I.

LONDON:

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

MDCCLXXIX.

[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 SAMUEL PLUMBE , LORD MAYOR of the City of London; the Honourable Sir JOHN SKYNNER , Knt. Lord Chief Baron of his Majesty's Court of Exchequer; Sir GEORGE NARES , Knt. one of the Justices of his Majesty's Court of Common Pleas; Sir WILLIAM HENRY ASHHURST , Knt. one of the Justices of his Majesty's Court of King's Bench; Mr. Serjeant GLYNN, Recorder; THOMAS NUGENT , Esq. Common Serjeant; and others his Majesty's Justices, of Oyer and Terminer of the City of London and Justices of the Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

London Jury.

William Ford ,

Benjamin Crab ,

Lloyd Beal ,

Patrick Andrews ,

Benjamin Gibson ,

Thomas Fenton ,

Edmund Roberts ,

James Martin ,

James Serle ,

George Ribright ,

William Mendit ,

Edward Winwood .

First Middlesex Jury.

Silver Crispin ,

Martin Robinson ,

John Amor ,

Andrew Logem ,

William Marsh ,

James Tutell ,

William Webster ,

Josiah Crook ,

John Fidler ,

Paul Rumbolt ,

Edmund Smith ,

Samuel Hatton .

Second Middlesex Jury.

William Halfpenny ,

William Meredith ,

William Poultney ,

Edward Humphreys ,

William Watts ,

Thomas Essex ,

Richard Morrell ,

Thomas Selbourn ,

David Horn ,

John Wright ,

John Cooper ,

Thomas Prosser .

83. PIERRE MASSEAU was indicted for burglariously breaking and entering the dwelling house of John Harriott on the 28th of December, about the hour of six in the evening, with an intent the goods of the said John in his dwelling-house to steal .

(The prisoner being a foreigner, an interpreter was sworn.)

JOHN HARRIOTT sworn.

I live at the Old White-horse-cellar, Piccadilly . On the 28th of December , about six o'clock in the evening, I was up stairs in the nursery with my wife and children, and was alarmed by a violent screaming. I apprehended fire and ran out.

Where was that screaming? - In the house. There are five rooms on the first floor; I was in one of them. I ran out, and the first thing I saw was the prisoner coming down stairs. I was satisfied he was a thief. I said, you scoundrel, what do you do here? The maid called out and said he was a thief. He said he wanted Mr. Cook, who lived up three-pair-of-stairs; the maid persisted in his being a thief. I delivered him into the custody of a servant, and went to see if there were any more of them. I went up into the garret, and found a pane of glass taken out of a transom window. I concluded he came over the leads of some other houses and came in there.

Do you apprehend he could have come in at that window? - He could have come in, and did come in; he said he was a good man and did not mean to steal.

Who are the people that have any business in that room? - The servant maid has lodged in that room seven months. When he said he wanted a Mr. Cook, he spoke very good English; he would not speak English afterwards.

Prisoner. I asked for a French cook, not for a Mr. Cook; the gentleman ill-used me and took me by the collar.

Prosecutor. I did take him by the collar. When I wanted him to speak English, he laughed in my face. I said, you scoundrel, if you laugh at me I will knock your teeth out.

MARY PHIPS sworn.

I am servant to Mr. Harriott; I sleep in this room; it is three-pair-of-stairs backwards. There is a communication between the window of that room and the leads of the houses. I took notice of the window about eleven in the morning; there was no glass out then.

Are you sure it was whole? - Yes; when I made my bed about eleven the window was fast. About half after six in the evening I went up, took the key out of my pocket, and unlocked the door; then the prisoner came out. I always keep the door locked. I am sure I locked the door that morning.

Are you sure the person that came out of the room could not get in through the door? - Yes. When I saw him I screamed out, ran down one-pair-of-stairs before him, and called for several persons who were in the house to come up; he followed me down.

What did you say? - First I called to my master, then to my fellow servants, and said there were thieves in the house.

Did you see your master on the stairs as you came down? - I do not know that I did, I was so frightened. I went into my mistress's room and sat down; the prisoner was taken immediately. I am certain the prisoner is the person that came out of the room. I went up afterwards into the room, and saw a pane of glass was taken out of the window and laid in the gutter. The window was fastened again on the inside.

Was that pane of glass so near to the fastening of the window that a man could put his hand in and open it? - Yes.

Could he get in at the window? - Yes, any body might; I could get in myself. It is a casement fastened with an iron handle in the inside. I have lain in the room about seven months; nobody lay there but myself.

Was it dark then? - Yes; we had a candle; it was about half after six o'clock to the best of my knowledge.

Prisoner. I was coming up stairs, and was at the door just as she was, to ask for the man.

Phips. When I opened the door he came out of the room.

Jury to Mr. Harriott. What do you mean by a transom? - It is an iron transom casement; he took a pane of glass out of the casement.

PRISONER's DEFENCE.

I went to enquire for that person; he was to have taken a post chaise to Bath, and knowing a milliner at Bath I wanted this cook to call upon her to get acquainted with her; this cook gave me his direction to this house. I went up into the three-pair-of-stairs after this girl; the girl upon seeing me immediately screamed out; the family being alarmed, about thirty people came up and took hold of me, and would not hear what I had to say. I am quite ignorant of the customs and ways of this country, and thinking myself innocent I have called no witnesses.

GUILTY Death .

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

[The prisoner was recommended by the jury and prosecutor to his majesty's mercy .]

84, 85. SUSANNAH WATSON, otherwise MARLOW , and ANNE RUSSEL , were indicted for stealing a silk purse, value 4 s. fifteen guineas and three pieces of foreign gold coin, value 6 l. the property of James Bellson , Esq ; a bank note, value 50 l. another bank note, value 10 l. the property of the said James Bellson , the same being due and unsatisfied to the said James , January the 4th .

JAMES BELLSON sworn.

As I was going by Whitehall on the 4th of January, between nine and ten o'clock, the tall woman called to me and spoke to me; she was standing at the top of a court. She then called the other woman by her christian name, who came, and immediately I felt my pocket picked. She made her escape. I lost my purse, with fifteen or seventeen guineas, and some foreign coin, two bank notes, one for 50 l. the other for 10 l.

Do you remember the persons of both? - It was the little woman that robbed me. I never lost sight of the tall one till I secured her.

You gave a description of her person? - Yes; she was dressed in a red cloak, and was a little woman about twenty years old.

PHILIP CRATTY sworn.

I know both the prisoners. Russel, the shortest, gave me two bank notes out of a green purse, on Tuesday morning; she said she found them by Whitehall. I went to the Bank and changed them; one was for 10 l. the other for 50 l.

Did you receive any thing else from her? - Three pieces of foreign coin, which I sold to a man in Long-acre; I do not know his name; I gave the money for them to Anne Russel . The constable took me and Russel together before I had given her the money for the notes.

What was you to have for changing them - They said they would satisfy me for my trouble.

PETER PLANK sworn.

I am a refiner, in Long-acre. The last witness came to me on Tuesday the 5th instant, about twelve in the morning. I bought three pieces of foreign coin of him; I gave him 6 l. 3 s. 9 d. for them. I have three pieces, but I do not know that they are the same; they were put among other pieces.

MOSES MORANT sworn.

I belong to Sir John Fielding ; I apprehended Russel and the chairman in a public-house. On the woman I found this purse and seven guineas in it; in her pocket I found three guineas and two half guineas loose. We then took them to Bow-street.

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

Morant. The prosecutor described the purse to me before he saw it.

GEORGE STURT sworn.

I was with Morant at the taking Russel and the chairman. I examined the chairman, and took from him forty-eight guineas in gold and one pound seven shillings in silver, at the public-house; some in his waistcoat pocket, and some in his breeches pocket. When we came to the Brown-bear, in Bow-street, not having found so much money as the gentleman had lost, I searched him again; in pulling his breeches off five guineas fell out of the inside of them. He lived with Russel, and went by her name.

For Watson.

ARTHUR GRAHAM sworn.

I keep a house in Westminster; I know Marlow, she lodged with me till last Michaelmas; I give her the best of characters; she lodged with me about a quarter of a year, took in sewing, and one thing or another; she also took in washing for some of the horse grenadiers.

GEORGE LUCAS sworn.

I have known Marlow some years; she bears a good character; she takes in plain work.

WATSON's DEFENCE.

I had been at the other end of the town, and met the prosecutor by Whitehall; I had seen him before; he pulled down his breeches and asked me to oblige him; and wanted me to do a thing I was not used to do. I asked him what he wanted with me; he said, pull up your petticoats and shew me your backside; he then asked me if I had any thing to flog him; I said I had not, but I would do it with my hand. He then took my hand and put it up his fundament. Another woman came up, he then said he had lost his purse; we looked about for it, but could not find it. I know nothing of it.

RUSSEL's DEFENCE.

I had been up to St. Martin's church, and in coming back I kicked something before me. I took it up. When I came home, I found two notes in it and the money. I asked the chairman to get it changed for me, as I was a poor woman.

BOTH GUILTY .

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

[Imprisonment. See summary.]

86. JOHN HUTTON was indicted for stealing a live ram lamb, value 40 s. the property of Thomas Vinten , January the 4th .

THOMAS VINTEN sworn.

I am a salesman . On Monday the 4th of January, between five and six in the morning, I lost a ram out of the Bear and Ragged-Staff-yard, West-Smithfield . I always attend on a Monday. I lost two lambs that morning. I saw the lamb mentioned in the indictment there between four and five o'clock; about a quarter before six I heard a lamb was stolen. I saw the prisoner in St. Sepulchre's watch-house, about a quarter after six, sitting on a stool by the fire, and the lamb was in the watch-house. It was Mr. Knight's lamb, delivered to me to sell, by John Littleford . I am obliged to make good all that is missing. I know the lamb I saw in the watch-house to be the same I lost. I have paid for the lamb.

WILLIAM BENDEN sworn.

I am servant to Mr. Hall. I was called up on Tuesday morning at two o'clock to go to Smithfield to my master to take care of his lambs as some had been stolen. I went down to the Bear and Ragged-Staff-yard, and saw two men in the yard I had a suspicion of, and watched them; I lost fight of them for about half an hour, in which time a lamb was missed. I saw them come down the yard again and stand by the pen this lamb was in. I concealed myself behind a cart wheel and watched them. I saw the prisoner go into the pen, lift up the lamb, and put it in a bag which the other man had.

There were more rams there? - Yes. I saw the prisoner put the sheep in the sack; he was in the pen, and the other man on the outside; upon that I came directly out of the yard and saw them coming after me. I was about thirty yards before them.

Who carried the sack with the lamb in it? - The prisoner; that very man; I could swear to him among a thousand. The bag was twisted, and he had it across his left shoulder. I walked before them to the end of Long-lane; there I stopped, and they came up to me; then I stopped the prisoner; the other man made off. I took hold of the sack, he struggled and wanted to get away; I gave him a fall and secured him, and took him to the Rose in Smithfield, and sent for Mr. Hall. I found the ram lamb in the bag with a handkerchief put in its mouth as you would put a bit in a horse's mouth, and tied round the horns to keep it from bleating. I found a knife in his pocket.

(The handkerchief and knife were produced in court.)

JOHN MILLS sworn.

As I was in Smithfield I heard a cry of stop thief! I ran directly, and saw Benden and the prisoner struggling; he had him by the coat; we took him to the Rose and sent for Mr. Hall. The bag with the lamb was on the ground.

JOHN LITTLEFORD sworn.

I am a shepherd. I suckled the lamb, and brought it to market; I heard the lamb was taken away; I went and saw it was the same lamb that I delivered to Vinten.

(The skin was produced in court, and deposed to.)

PRISONER's DEFENCE.

I am a porter . I went to Smithfield mark: about five o'clock to get a job, going into the Bear and Ragged-Staff I met a man, one Smith, with a sack; he desired me to carry it for him, and said he should overtake me in Long-lane. I was stopped by this man, but the man that gave it me ran away.

GUILTY Death .

Tried by the London Jury before Mr. COMMON SERJEANT.

87. JANE TOMLIN was indicted for stealing four muslin aprons, value 12 s. a silver table spoon, value 9 s. a pair of linen sheets, value 20 s. a muslin gown, value 12 s. a silver tea spoon, value 1 s. two woollen cloth coats, value 10 s. two woollen cloth waistcoats, value 5 s. two pair of woollen cloth breeches, value 10 s. a silver saucepan, value 5 s. a damask napkin, value 2 s . three damask table cloths, value 6 l. a cotton counterpane, value 4 l. another silver table spoon, value 10 s. seven dimity window curtains, value 7 l. a callico quilt, value 4 l. five pair of other linen sheets, value 5 l. six other damask table cloths, value 3 l. a diaper table cloth, value 4 s. four hucker-back towels, value 5 s. twelve damask napkins, value 20 s. six diaper napkins, value 3 s. and a muslin apron worked, value 3 s. the property of Elizabeth Griffiths , widow , in the dwelling-house of Elizabeth Sach , August 1st .

ELIZABETH GRIFFITHS sworn.

I lost the things mentioned in the indictment (repeating them) out of a trunk in the garret of my daughter's house.

Who is your daughter? - Elizabeth Sach . I saw the trunk and the things safe on the first of August. The prisoner was servant to my daughter about a year and five months. A silver spoon being missing we asked her where it was; she said she believed up stairs. Mrs. Sach went up to see after it, and while she was gone up the prisoner ran away; upon which I went up into the garret, and found the trunk open, and all the things gone. The spoons were not in the trunk, they were in common use.

When were the goods found, and where? - Some were found at Mr. Rochford's, a pawnbroker's. The prisoner was taken at a house in Water-lane.

RICHARD ROWLEY sworn.

I am a pawnbroker. I have a number of things which were pledged with me at sundry times by the prisoner.

WILLIAM FLEMING sworn.

I am a pawnbroker. I have a table spoon which was pledged with me on the first of August in the name of Tomlin. I know nothing of the prisoner, it was brought by another person.

Mrs. Griffiths. He has other things.

Fleming. I have no other things now.

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

PRISONER's DEFENCE.

I have nothing to say for myself. I have no witnesses to call.

To Mrs. Griffiths. How long had the things been in the house? - During the whole time the prisoner was in the house, which was about a year and five months.

GUILTY of stealing the goods to the value of 39 s.

Tried by the First Middlesex Jury before Lord Chief Baron SRYNNER.

[Branding. See summary.]

[Imprisonment. See summary.]

88. WILLIAM VANSAS was indicted for stealing a silver watch gilt with gold, value 8 l. the property of John Arnold , December the 21st .

JOHN ARNOLD sworn.

The prisoner was journey man with me a year and a half. On the 12th of December I gave him a silver gilt repeater to clean; he brought it back; but not being perfect I sent it him again. When the gentleman came for it, I sent my boy to him; he sent me word, it was not done. I sent to him again to bid him to send it as it was, and I would give it to somebody else to do; then he sent me word that he had lent it. I went to him and asked him what he meant by lending a watch of that kind without my leave; he told me he had done it, but was sorry for it. Upon which I ordered him to go and fetch the watch; he went out in consequence of my bidding him, and staid about three hours; when he returned again, he said he could not find the person to whom he had lent it. Upon which I told him I thought he had pawned the watch; he said if you will not believe me, send over to No. 4, Fair-street, Horselydown, and you will find whether I have pawned the watch or not. I said I would send Vaughan, a young man who works with me, if he would pay him for going; and if he had lent it I should be satisfied. He said he would. Mr. Vaughan went and brought the person to whom he said he had lent it; he was a Dutchman, a countryman of his. When he came he said to him in Dutch (I understand Dutch pretty well)

"say that you have the watch and Mr. Arnold shall have it in a week." I then said to the person, are you a receiver of stolen goods? He said, sir, I beg your pardon; he desired me to say so, but I know nothing of it. Then he told me it was pawned. I sent for a constable and took him to the watch-house; the next morning I took him to Sir John Fielding 's, and he bound me over to prosecute.

Did he say where it was pawned? - He did not. The next morning the prisoner's wife brought the duplicate, which I have in my pocket.

Prisoner. The prosecutor is sixteen pounds in my debt; he would not let me have money when I wanted, and distressed me very much, which obliged me to do it.

Arnold. It is not true; I do not owe him any thing; he is in my debt.

JOSEPH WASSELL sworn.

I am a pawnbroker. The prisoner's wife pawned a watch with me on the 21st of December last.

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

PRISONER's DEFENCE.

The watch was given me to repair on the 5th of December; I repaired it and wore it in my pocket to regulate it. On the Saturday following I asked Mr. Arnold to let me have two or three guineas which I was in want of, he promised me the money, but gave me none. I agreed with him that he should not let me want money, and should let me have a guinea a week till my work was done. I finished some work for the Earl of Chesterfield, but Mr. Arnold made excuses, and said his lordship did not pay him, and instead of giving me a guinea gave me two or three shillings. I have been obliged to pledge my things to supply myself and my family.

Arnold. I paid him a guinea a week; he was ever in my debt; he could earn two guineas and a half a week, but would not earn above twenty-five shillings.

For the Prisoner.

GEORGE VAUGHAN sworn.

Prisoner. Whether Mr. Arnold made excuses about Lord Chesterfield's not paying him? - When Mr. Arnold had completed a watch, and delivered it at his lordship's house, I believe his lordship was out of town. Mr. Arnold went several times and could not meet with his lordship; it being a watch that came to a good deal of money he said he wished he could get it. I never heard him say that his lordship refused to pay him. I have lived with Mr. Arnold many years; I never knew him employ any person either in the house or out of the house without paying them as soon as their money was due, or before it was due.

Prisoner. Whether Mr. Arnold ever made excuses, and said he could not pay us on the Saturday if he did not receive money from somebody besides his lordship? - I never heard Mr. Arnold say any such thing.

Prisoner. At the time when I finished a watch of the same sort for Colonel Keppel, which he was disappoinded in selling, whether he did not send to a captain that owed him twelve pounds, and he not being at home, whether he did not give me a crown, and let you go without any money? - He never refused to pay me; I was generally paid first, and went away; he never refused paying any one to my knowledge.

Prisoner. This watch was given into my care; I appeal to your lordship and the jury whether this is stealing.

GUILTY B .

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

89. JOHN ASHFIELD was indicted for stealing a half guinea and 3 s. in money, numbered , the property of Thomas Harris , November 22d .

THOMAS HARRIS sworn.

On the 22 d of November I happened to to be in a public-house where the prisoner and two more were drinking. I joined company with them; afterwards they took an opportunity to jostle me. I sat down with them in the same box. I catched the prisoner's hand in my right hand waistcoat pocket; I had a half guinea and three shillings or more in that pocket. He took it out under a pretence of inlisting me for a soldier; and afterwards used violence to drag me out of the house. He was then in a plaisterer's dress; he was not in his uniform. They did not appear to be soldiers. I charged him with taking the money; he damned me, and opened his hand, and asked me if that was my money? There was a half guinea and three shillings, or more in his hand. I told him I positively believed it was. They then used force to take me out of the house; they pretended they had trepanned me. The landlord came in at the time, and said, you villains, do you mean to rob the man? and turned them out. They went immediately to the Savoy, and brought the serjeant of the guards, who demanded the door to be opened, and insisted on my going with him, or he would use force. I went with them to an officer of the Savoy; I told the officer I had been robbed; he said it was not his business, he could not decide it, I must go before a justice, or words to that purpose; immediately they dragged me by force along the Strand. I begged to stop at a house where I lived, they would not let me stop, but dragged me before another officer, Colonel Thornton, near Carnaby-market; I told him my story; he said it was not his business, I must go before a justice, and he discharged me on my giving him my word that I would appear with him before Justice Elliott in the morning. I went according to my promise, about ten o'clock, he came about eleven, and the justice granted me a warrant, and the prisoner was committed.

At what time did you get into their company in the public-house? - I went to the public-house about four in the morning. I had been out in the evening, and staying late, was locked out of my lodging. I went to this public-house, and joined company with them between six and seven.

How long had you joined with them before you found his hand in your pocket? - About twenty minutes.

What had you been talking about? - I cannot recollect; I apprehend there was nothing material.

What subject did you talk about? - No further than they accosted me, and said how do you do, sir, I think I have some knowledge of you; and they asked me to drink with them.

Was you sober or not? - I had been drinking, but was as perfectly in my senses as I am now. I had had sixpenny-worth of rum and water at that house.

Where is the house? - In King's-head-court, New Russel-street, Covent-garden.

Do you usually put your money in your waistcoat pocket? - In company I frequently put it in my waistcoat pocket.

What occasion had you to take your money out? - To pay my dividend. I did not like the company, and wanted to get out of it. I threw down a half crown, they gave me but a shilling out of it, which I thought was an imposition.

If no conversation passed but common civility, what was done to give you a dislike to the company? - They seemed to be of the sky-larking order, in the vulgar phrase, that is, wanting to take all advantages; they wanted me to pay more than my share. I threw my money down to pay my dividend.

There was no behaviour that gave you offence before you threw your money down to pay the reckoning. The sky-larking conduct was after you threw down the money? - I wanted to get rid of them.

What had you drank with them? - They had a pot of hot, I believe brandy and rum together. I drank but little to my share. I do not fancy strong liquor in a morning.

Had any thing been said to you about going into the army, or inlisting? - They said I was a proper person to serve his majesty, and such like; they did not direct that discourse to me, they whispered it among themselves. I saw their behaviour; that was the conduct I did not like.

What more did the man say to you when he opened his hand with the money in it upon the subject of inlisting? - He d - d me, and said if it was my money, he would insist upon my going with him.

Had any thing been said about your having taken any inlisting money before? - Not a word.

Do you think he took the money out of your pocket with a design to inlist you with it? - I believe if he wanted me to inlist, he meant to trepan me with my own money. I believe he had but little of his own.

Are you sure he did not put it into your pocket? - I am very positive he did not, because I had it in my pocket before.

Then you imagine that he took this money out of your pocket in order to trepan you to be inlisted? - If I had been foolish enough to take it of him again, I suppose so.

Then he did not mean to take your money to keep himself, but to give it to you to trepan you for a soldier? - Whatever might be his intent, he kept the money, he did not return it.

Did you ask for your money again? - No; he said I should know more of it when I had had two or three hundred lashes; and spoke to me with indignation and scorn.

Have you ever had the money again? - No.

Have you the man of the house here? - No; he was not present when he took my money.

What are you? - I am foreman to a French trimming shop, No. 34, in the Strand.

PRISONER's DEFENCE.

I belong to the first regiment of Guards. The officer lets me throw up my pay and go to work. This Sunday morning I was coming from my duty and wanted something to refresh me. I met with two young fellows, plaisterers, who worked with me; I asked them to drink, and we went into this house, where this gentleman and another man were drinking together. When we came in they called for a pot of hot, we called for three penny worth of crank; when the pot of hot came in, he threw down half a crown to pay for it, the waiter took fourteen pence, and he gave the waiter four-pence; the other man took up the shilling and put it in his pocket; he called for another pot of hot, which the other man would not pay for; the waiter then asked the prosecutor for it; he said he had no money; the waiter said he would take any thing he would leave for it; he replied he would not leave any thing. I then said I must go to my duty, upon which he asked me if I was a soldier ; I told him I was; he said will you take me? I said, sir, you are joking; he answered no, he was not, he was willing to go; I told him if he was willing to go, I would give him a shilling; I held up the shilling and said, if you take this shilling it is to serve his majesty; he then took the shilling from me. I asked him again if he was willing to go with me before the officer. As we were going out, somebody informed the landlord he was inlisted, and he came and shut me out, and said we should not have him, and threatened me with a constable. I went and got an officer, and took him to the colonel; he then only charged me with taking a shilling off the table to inlist him; he said nothing about this money till he was before the justice; then he said I had robbed him.

For the Prisoner.

WILLIAM LEE sworn.

Prosecutor. This man aided and assisted the prisoner.

Lee. I was at the King's-head on Sunday morning the 22d of November. The prisoner and I, and several more were in company; Harris was in the same box.

What passed on the subject of inlisting? - Harris talked of going for a soldier.

Did Harris propose going for a soldier, or did the prisoner propose it to him? - I cannot rightly say how that was. I saw the prisoner give Harris a shilling.

Did he take the money? - Yes.

What was the shilling given for? - He said it was to serve his majesty.

Do you remember the prisoner's putting his hand in Harris's pocket and taking any money out? - No.

Do you remember Harris charging him with taking his money? - Yes; a good many hours after. When the prisoner gave him the shilling he was on one side of the table, and Harris on the other.

Did they continue on different sides of the table the whole time they staid there? - Yes.

When did he charge the prisoner with taking the money from him? - I believe about seven o'clock; he disputed, and would not go with him; and then charged him with having taken his money.

Did you see any money pass between the one or the other, or held in either of their hands, except the shilling? - No.

DANIEL CHARTER sworn.

Was you at the King's-head on Sunday morning the 22d of November? - I believe I was; I do not know the sign; I was at the place where this fray was.

Do you remember any thing passing between the prisoner and Harris upon the subject of inlisting? - Yes; but whether it was the prisoner that asked him, or he the prisoner, I cannot say; but there was a shilling passed between them. The prisoner said to Harris, will you inlist? - He said I will. Then the prisoner said here is a shilling to serve his majesty. Harris took the shilling, put it down on the table, and then gave it to the landlord.

Was there any dispute about the reckoning before that time? - Yes; there was some dispute about the reckoning, and then he paid the shilling.

Did you see any other money pass between the prisoner and Harris? - None at all.

Did they sit on the same side of the table or on different sides? - Harris sat down, the prisoner stood up on the opposite side, leaning on the table, and gave him a shilling.

Did you see any half guinea between them? - I did not see any half guinea, nor any gold in the company.

Had there been a dispute between Harris and the landlord about the reckoning? - Yes; about a pot of hot. The waiter bid him pay the reckoning; he said he could not he had no money; the waiter said if he would pay the shilling he would pay the twopence for him; Harris gave him the shilling.

WILLIAM PIERCY sworn.

I am a corporal; I know nothing of what passed in the house, till I went to demand the prosecutor as a recruit; when I came to the house, the landlord shut the door, and said I should not have him without a proper officer or serjeant; I went and fetched the serjeant. When we came into the house Harris was lying on the table seemingly very drunk; we could make nothing of him; the serjeant said, come, my lad, go with me as you have taken a shilling, as the prisoner said he had; if you have not taken a shilling go and see yourself righted; he said they had used him very ill; I asked him if they had robbed him; he said no, but he had spent some money upon them.

NOT GUILTY .

Tried by the Second Middlesex Jury before Lord Chief Baron SKYNNER.

90, 91. DAVID DENHAM and JAMES COWEN were indicted for stealing seven pair of silk stockings, value 4 l. the property of John Thorold Darvin , January 2d .

[The witness were examined apart at the request of the prisoners.]

JOHN THOROLD DARVIN sworn.

I am a hatter and hosier in the Poultry . I saw nothing of the stealing of the stockings, the prisoners were taken and brought into my shop with the stockings.

MOSES ORME sworn.

I am a constable. I have seven pair of silk stockings.

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

THOMAS DUNNINGTON sworn.

I was coming along the Poultry on Saturday evening the 2d of January, between the hours of five and seven, it was dark. I saw the two prisoners looking in at Mr. Darvin's window; they were together in company.

Is Mr. Darvin's an open shop? - There were windows; it was not open as some are without glass. I saw the little one, Cowen, take something out of a window that appeared to be broken. I went over the way on purpose to watch them; it was taken out at different times; I could not see what it was as his back was to me. Whatever he took out he gave to the other man; they went backwards and forwards to the window. I watched them about twenty minutes or half an hour. I went and got a constable and we secured them. The stockings were found upon Denham.

Cowen. He says he was gone half an hour for a constable? - He is pretty right; I was a good while gone for a constable. I went to Watling-street, and the constable was not at home. I returned and found them still stealing, and then went to Sir Robert Ladbroke's for a constable, and when I returned I found them still stealing.

THOMAS FENNER sworn.

On the 2d of January, about seven in the evening, Mr. Orme, the constable, came to my house to borrow a staff; I lent him one, and went with him to assist him; when I came to the prosecutor's house, my brother had just taken Cowen. I searched him; there was nothing found upon him; then Denham was brought in by Orme and Dunnington. I was going to search him, but before he was searched he dropped the stockings by the counter.

DENHAM's DEFENCE.

As I was coming by the Compter, I heard a cry of stop thief! Some people running along dropped the things; I took them up, and put them in my pocket; I did not know who they belonged to. I advertised for the person; the advertisement is in to day's paper.

COWEN's DEFENCE.

They took me to this man's house and searched me, but found nothing upon me; presently they brought in Denham; I knew nothing of him; I never saw him in my life before. If the man saw me taking them out of the window at several times, why did not he take me in the fact, or with some of the goods upon me at last?

Moses Orme . I watched them about twenty minutes after I was fetched. I saw them take something out. I passed by them as close as I possibly could. I saw that the glass was broken.

BOTH GUILTY .

Tried by the London Jury before Mr. COMMON SERJEANT.

[Imprisonment. See summary.]

92. WILLIAM HUNTER was indicted for stealing eight ounces of sewing silk, value 6 s. the property of Thomas Hunter , December 12th .

THOMAS HUNTER sworn.

I am a man's-mercer in Black-Friars . On the 11th of December one of my servants brought me up a black wrapper, containing about 100 lb. weight of black silk. I found a great quantity missing out of it, near 30 lb. weight. I was surprised to find such a quantity missing. I immediately enquired among my servants if they had sold any, they said no. I went to the London coffee-house in the evening, when I returned, they said, if I would give them leave they would watch the porter in the morning as they suspected him. I know nothing of his taking it away myself.

JOSEPH JACKSON sworn.

On the 12th of December, in the morning, I concealed myself in a little wine cellar to watch the prisoner. The wrapper of silk was in a locker in the cellar. About seven in the morning he came down with a candle to get some coals; I saw him come round to the locker, and put his hand in, and take something out, which I supposed to be a head of silk; his back being to me I could not see it; he went backwards, and I heard him wrap it up in paper. He carried up three or four baskets of coals, he then came back and looked at the locker again; there were some potatoes lying by the locker, he filled his pocket with them; then he went to the locker and straightened the wrapper; he then went up stairs, but returned immediately and drew some small beer; he then went up into the shop and went out, and Mr. Hunter and I followed him, and took him by the Old Bailey, and brought him back; when we brought him into the shop, he pulled the silk out his pocket, and was going to drop it; I caught it as it was falling. It was a head of silk, about eight ounces.

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

PRISONER's DEFENCE.

I went to get some coals. Looking about for a basket, I found this silk lying on the ground; I put it into a paper to bring it up into the shop, and went out and forgot it.

GUILTY .

Tried by the London Jury before Mr. COMMON SERJEANT.

[Imprisonment. See summary.]

93, 94. THOMAS MITCHELL and JOHN JONES were indicted for stealing a piece of printed cotton, containing twenty-eight yards, value 3 l. the property of Thomas Brown and Charles Rogers , December 28th .

CHARLES ROGERS sworn.

I am a linen draper in Cheapside in partnership with Mr. Brown. The prisoners were brought in by the collar. I know nothing of the fact.

JOHN HEPTINGSTALL sworn.

I was in the warehouse on the 28th of December, between eleven and twelve at noon; I saw the door open and ordered the porter to go and shut it, but he did not. This piece of cotton was doubled up for a gentleman that had bought it that morning, and lay on the counter four or five yards from the door; I took my eye off the door about two seconds, then I looked and missed the piece. I ran to the door directly and found one of the prisoners tying it up in the other's apron.

Which was tying it up? - I cannot swear to that. I took them and brought them into the warehouse; we got a constable and sent them to the Compter.

( It was produced in Court, and deposed to by Heptingstall.)

MITCHELL's DEFENCE.

When we were taken, he said he had not seen the door for three minutes; then he said four minutes; then five, and so he went on.

JONES's DEFENCE.

I met with Mitchell accidentally at the door; he asked me to help him tie it up. I know nothing of the stealing of it.

BOTH GUILTY .

Tried by the London Jury before Mr. COMMON SERJEANT.

[Imprisonment. See summary.]

95. THOMAS HURST was indicted for stealing a silk handkerchief, value 10 d. the property of Jasper Clark , Esq . December 29th .

JASPER CLARK sworn.

On the 29th of December, as I was going by the Fire-office , a person informed me my pocket was picked of my handkerchief; I saw the prisoner running. He was stopped, and the handkerchief was found upon him.

MARTHA LOAD sworn.

I saw the prisoner put his hand in Mr. Clark's pocket and take his handkerchief out; I acquainted Mr. Clark with it; he was taken before he got out of my sight; he was going to throw the handkerchief down an area, and it was taken from him.

PRISONER's DEFENCE.

I found the handkerchief on the ground; I took it up, and they laid hold of me, and said I had stolen it.

GUILTY .

Tried by the London Jury before Mr. COMMON SERJEANT

[Imprisonment. See summary.]

96. MARY PRICE was indicted for that she in the king's highway, in and upon Nicholas Peterpilon , did make an assault, putting him in corporal fear and danger of his life, and stealing two gold rings, value 10 s. the property of the said Nicholas, from his person , December the 5th .

NICHOLAS PETERPILON sworn.

On Friday night the 5th of December, 1777, as I was going home from Peele's coffee-house, Fleet-street, just as I got through Temple-bar , the prisoner took hold of my hand, and asked me to give her a glass of wine; I said, my dear, I can't; she kept hold of my hand, and asked me again; I said, I can't; she walked three or four doors, and got up to a door-way, I believe it is an oil-man's, where another woman was standing; the street was uncommonly clear; she again pressed me to give her a glass of wine; I told her I could not, upon which she put her other hand up and held my hand with both her hands; she then let my hand slip through her's and slipped the rings off my finger; I felt them go off my finger. I said you have taken my rings off; she said, you dog; I take your rings off! I said, yes, d - n you, and if you don't give them me I will take you into custody immediately. The other woman asked what was the matter; she said the dog says I have taken his rings. The other woman said, d - n him, down with him! and they both fell upon me and knocked me down on my knee, and pulled my hat and wig off. I secured the prisoner, and charged a constable with her.

Her taking you by the hand was all in a way of civility? - Yes.

Then you was in no kind of fear before she knocked you down? - I don't know what you mean by that; I was in as much fear as ever I was in my life.

MATTHEW SWIFT sworn.

I am a constable; the prosecutor brought the prisoner to the watch-house, and said, she had robbed him of two rings; I searched her, and found a ring upon her. She was putting something under her stays; I took hold of her, and shook her, and the ring dropped from under her clothes. She at that time escaped, and was not taken till very lately.

PRISONER's DEFENCE.

Last Michaelmas was twelve-month I met a gentleman in Fleet-street, and he asked me to drink a glass of wine; I don't know whether it was the prosecutor. I went with him to the Sun Tavern; we drank together; he said he would make me a present of half a guinea to be agreeable; he put his hand in his pocket, and said, upon my word, my dear, I have no money about me, give me a direction where you live, and I will leave something in pledge with you till to-morrow; I will then call upon you at eleven o'clock. I gave him a direction to Gray's-Inn-lane, where I live, and he gave me the ring. We went away together till we came to a passage; we went up the passage, and then he said, as I have your direction, give me my ring again, and I will call to morrow and make you a present. I said, sir, you will excuse me. He said he must have the ring, he durst not go home without it. I told him as he had made use of me, I did not choose to deliver it; then he said he must have it, and charged the constable with me. I believe the prosecutor is the gentleman; he is very much like him; he had very weak eyes at that time.

NOT GUILTY .

Tried by the London Jury before Mr. COMMON SERJEANT.

97. PETER AIREY was indicted for stealing a gold ring, with a picture set therein, value 20 s. and two guineas in monies, numbered , the property of William Wilkinson , January 4th .

WILLIAM WILKINSON sworn.

I live at the Secretary's-office, King's Bench-walk, in the Temple. On the 4th of this month, between five and six in the evening, as I was going into Covent-garden Play-house , just as the doors were opening, there was a mob at the door; the prisoner was behind me. Being afraid of having my pockets picked, I was going to put my watch chain in, and felt the prisoner's hand in my pocket. I immediately laid hold of his arm, and felt in my pocket, and missed my purse. I then quitted the prisoner's arm and took him by the collar. He desired me to bring him out of the mob, and he would return it to me; when I got him out he struck me and attempted to get away. As I was taking him to Sir John Fielding 's, I told him if he would return me the things I would forgive him. He said he had not got them. He was examined before Sir John Fielding , but nothing found upon him. He told the constable that he knew who took it.

( Mary Wilkinson the wife of the prosecutor who was with him confirmed his evidence.)

PRISONER's DEFENCE.

I went to the play with an acquaintance; I left her below because of the crowd; when I returned to her, the prosecutor came to me and said I had picked his pocket. I was not near him; I know nothing of it. My witnesses have attended all day, but being told my trial would not come on to-night, they are gone.

GUILTY .

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

[Imprisonment. See summary.]

98. ANNE LAVENDAR was indicted for stealing a linen sheet, value 2 s. a callimanco petticoat, value 5 s. a printed cotton gown, value 2 s. a cloth cloak, value 7 s. a silk handkerchief, value 2 s. 6 d. a pair of linen sleeves, value 1 s. a pair of silver sleeve-buttons, set with stones, value 1 s. a pair of leather pumps, value 1 s. and two linen aprons, value 3 s. the property of Amelia Oswyn , widow , January 2d .

AMELIA OSWYN sworn.

I live in Hare-alley, Shoreditch . I get my bread in Spitalfields market. On the 2d of January, between twelve and one, my landlord came and told me my door was broke open. I came home and found the prisoner in the custody of an officer. The things mentioned in the indictment (repeating them) were taken out of my box, and lay open on the bed. I left my box and room door both locked when I went out in the morning. I understood that the prisoner was taken in the room.

MARY CRADWICK sworn.

The prosecutrix lodges in my house. On Saturday, between twelve and one o'clock, I went to the chandler's shop, about six or seven doors off, when I returned I heard somebody over my head, in the one-pair-of-stairs room; I thought it was very odd any body should be in the room, knowing the people were out. I went up and found the prisoner in the room, with the things in her apron. She emptied them in the room before my face. The room was broke open. I got assistance and secured her. I asked her how she came there, she said a person gave her sixpence to bring the things into the room.

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

ANNE RAWLINSON sworn.

I live in the room with Mrs. Oswyn; I use the market. I went out between nine and ten in the morning. I left the door fast when I went out. I returned when the landlord came to the market to inform us the room was broke open between twelve and one. I did not see the prisoner in the room.

ANNE GARDNER sworn.

I live next door to the prosecutrix. My husband is an officer. Mrs. Cradwick sent for my husband but he was not at home. I went up stairs; I saw the prisoner standing in the room, and asked how she came to do such a thing; she said a person gave her sixpence to bring the things into the room. I said I thought they were the woman's things that lodged in the room, because they had news-papers over them; they were lying on the bed. I sent to the Rotation-office, and an officer came and took charge of her.

PRISONER's DEFENCE.

I was going by the court and a woman stopped me, and said her husband and she had quarrelled, and she would give me sixpence if I would go up into the room and fetch these things, and see if her husband was there. She said the door was a-jar. I went up to fetch them, and the woman came and laid hold of me.

For the Prisoner.

ELIZABETH JAMES sworn.

I know the prisoner; I always thought her a very honest girl.

MARY GRIFFITHS sworn.

The prisoner has lodged at my house near a year and a half. I take in washing. I have trusted her to receive money for me; I never found her dishonest.

To Gardner. What did she say to you when you saw her in the room? - When I went up she was crying, with her apron up to her eyes, and said a woman gave her sixpence to bring the things up stairs.

GUILTY .

Tried by the Second Middlesex Jury before Lord Chief Baron SKYNNER.

[Branding. See summary.]

[Imprisonment. See summary.]

99. JOHN PENNY was indicted for stealing a wooden box, value 1 s. a dimity bed-gown, value 5 s. 6 d. a Marseilles quilted petticoat, value 10 s. 6 d. a dimity waistcoat, value 4 s. three linen aprons, value 6 s. a linen shift. value 2 s. 6 d. a dimity pocket, value 1 s. a linen night-cap, value 1 s. three pair of ruffles, value 1 s. a linen handkerchief, value 6 d. and a neck muslin handkerchief, value 6 d. the property of Carolina Campbell ; a linen gown and petticoat value 21 s. a pair of stays, value 21 s. a linen shift, value 2 s. 6 d. the property of Catherine Leaper , spinster ; a linen apron, value 2 s. 6 d. a pair of ruffles, and one huckaback tablecloth, value 18 d. the property of Sarah Matthews , widow , December, the 11th .

CATHERINE LEAPER sworn.

I live with Lady Aylesbury, Warwick-street, Charing-coss . I know nothing of the affair, I only own some of the goods.

PEARCE LYNCH sworn.

I sell fruit the corner of Warwick-street, I had three hampers delivered to me from the Henley coach to carry to Gen. Conway's. I went into the public-house to call a man to help me; when I returned this box was gone; William Harrold and I went in pursuit of the person that took it. Harrold took the prisoner and the box, and he was taken before Sir John Fielding .

WILLIAM HARROLD sworn.

Lynch came into the public-house for me to help him to carry some boxes to General Conway's; when we came out of the house one of the boxes was gone. A woman, who sells fruit in the street, told me she saw a man with a box turn the corner towards the Hay-market. I pursued him immediately; I turned up Pall-Mall, and saw a man with a box under his arm; I asked him where he was going with the box; he dropped it and ran away. I pursued him with the box as well as I could, and cried stop thief! and the prisoner was stopped in St. James's-market and brought to me.

Did you keep sight of him all the way after he dropped the box? - No.

Did you see him stopped? - No; to the best of my knowledge the prisoner is the man that dropped the box. The prisoner was taken before Sir John Fielding , who asked him how he came by the box; he said he found it by the brick wall of Mr. Jefferys's house, a silversmith in the Strand.

What time of night was it when the box was taken from the ale-house? - Past six o'clock.

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

PRISONER's DEFENCE.

As I was walking along the market a man stopped me, and asked Harrold if I was the man that took the box. I know nothing of it.

For the Prisoner.

DANIEL PRESTON sworn.

I am a fan-stick-maker. I have known the prisoner above eighteen years; I never knew any harm of him in my life. He is a ring maker and jeweller .

THOMAS GANSEL sworn.

I am a stay-maker. I have known the prisoner two years; I never heard any harm of him; I have trusted him with my property; he never wronged me.

THOMAS WAGSTAFF sworn.

I am a weaver. I have known the prisoner about a year and four months; he lodged with me; he paid me very honestly; I never heard any harm of him.

To Lynch. Did you hear the justice ask him any questions? - Yes; he said he got it at a brick wall, and then he said that a woman hired him to carry it to Grosvenor-square. He could not produce the woman; the justice said why did not you bring the woman in your pocket?

GUILTY .

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

100. PETER KELLY was indicted for stealing two quadrant glasses, value 1 s. three steel arbors, value 2 s. three steel broaches, value 1 s. a steel countersink, value 6 d. two steel files, value 2 d. a brass and steel center, value 6 d. a steel chamsering tool, value 6 d. and a pair of steel dyes, value 6 d. the property of Jesse Ramsden , October 12th .

JESSE RAMSDEN sworn.

I am a mathematical and optical instrument-maker ; I employ a great many workmen, and each workman has his own private drawer where he keeps his tools locked up. The tools being frequently lost, and having a suspicion of the prisoner, I and another witness contrived to open the prisoner's drawer, and marked two arbors, and put them in the drawer again. As the prisoner was going from me; I thought it proper to get a search warrant, and search his apartment. In a private drawer I found a number of things, among which were the things mentioned in the indictment (repeating them.)

You find the workmen in tools? - Yes.

Do not they frequently bring their own tools? - Not that I know of.

You do not know that this arbor was yours? - No; only by its being in the prisoner's drawer. I concluded that the tools in that drawer were my tools.

They may bring tools of their own? - They may undoubtedly, but I do not know that they do. Some of the tools are my own making.

PETER LAYLAND sworn.

The prosecutor and I having a suspicion of the prisoner, we opened his drawer, and marked two arbors, a piece of brass, and two files; this is one of the arbors (producing it); the files are not here. I can prove several things that were found in the prisoner's apartment to be my master's property which are not marked.

(All the things mentioned in the indictment, except the files, were produced, and deposed to by the witness.)

This broach I used two or three years ago, but had missed it for a year; I enquired after it several times, but could not find it. I imagine he took it out of the shop.

I thought all the things had been seen in his drawer? - No; only the arbor.

MATTHEW BERGE sworn.

I have two sexton glasses which were found in the prisoner's lodging; they are part of the instruments he was generally employed in making. I know them to be Mr. Ramsden's by the size; they are the size we always make them.

Have not other opticians glasses of the same size? - I do not know that they have; they may.

HENRY PYE sworn.

Here are a pair of cutting pliers I know to be Mr. Ramsden's.

Counsel. They are not in the indictment.

Cross Examination.

Have you ever said to any body that you should be turned away, if you did not come and give evidence against the prisoner? - It is the first time I ever heard the word. I know nothing of it.

DAVID MILES sworn.

I am a constable. I searched the prisoner's room, and found these tools.

PRISONER's DEFENCE.

When I went first to work at Mr. Ramsden's, I found myself deficient in working tools; I went to him and asked him for tools; I found my asking him affronted him, therefore I brought a quantity of tools of my own at different times. I am a tool-maker by trade, and as I was going away I thought I had an undoubted right to take them away with me.

For the Prisoner.

JOHN MORRISON sworn.

I have known the prisoner upwards of five years, he has an undoubted good character. If he was at liberty I would employ him to-morrow; he is a good workman.

JOHN HARNES sworn.

I have known the prisoner five or six years; I never heard any impeachment of his character. I worked at Mr. Ramsden's shop five years; his shop is very poorly supplied with tools. It is common for men to bring their own tools to the shop.

JAMES KELSHAW sworn.

I have known the prisoner four years, he has borne an exceeding good character for honesty, sobriety, and industry. He has a wife and children.

- HIGGINS sworn.

I have known the prisoner four years and a half; he worked with me, and behaved very well. I believe him to be a very honest man.

- LEWIS sworn.

I have know the prisoner between three and four years; I never knew a blemish in his character before this happened. I went to see him in Tothilfields prison; as I returned I called upon Mr. Pye; I said, so one of your shop-mates is in prison! he said he was sorry for it; that he would not appear against him only he was afraid of being turned out of his work.

Pye. I said no such a thing.

- SPICER sworn.

I was apprentice to Mr. Ramsden when the prisoner came to work there. I have known him four years. He always bore a good character.

Is it not usual for workmen to bring tools of their own? - At times it may happen so.

Court. Did he bring any tools with him when he came to work at Mr. Ramsden's? - It is not usual; I did not see him bring any; I cannot say he did not.

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

Tried by the First Middlesex Jury before Lord Chief Baron SKYNNER.

101. ANNE PARSONS was indicted for stealing three linen aprons, value 10 s. three linen handkerchiefs, value 2 s. a silk handkerchief, value 2 s. a gause handkerchief, value 2 s. two linen handkerchiefs, value 1 s. a dimity petticoat, value 1 s. a flannel petticoat, value 1 s. three shift bodies, value 2 s. a linen apron, value 6 d. a pair of worsted stockings, value 1 s. a woman's hat, value 1 s. a guinea, two half guineas, and a half crown , the property of Mary Bartley , widow , November 29th .

MARY BARTLEY sworn.

I live at Lambeth ; I am a widow, and take in washing , The prisoner lodged with me a fortnight. On the 29th of October I left her in the house, and went into the city about three in the afternoon; I returned about six. When I came in I missed a gown, which I had to wash. I went up stairs, and found my drawers broke open, and all the things mentioned in the indictment (repeating them) were gone; the locks were all broke. The drawers were locked when I went out, and the keys were in my pocket. She broke a fork and an old iron skewer in breaking the locks open; the fork was in the drawers, and the skewer on the table by the drawers. I left nobody in the house but the prisoner; when I returned she was gone. I gave an information at Sir John Fielding 's, and she was taken with some of my things upon her; and some of them were found pawned. The pawnbroker is not here.

JOHN DINMORE sworn.

I am a constable. On the 2d of November I received a note, with a description of the prisoner, and her name, from Sir John Fielding 's, desiring me if I took such a person to bring her to the office. I took her on the 4th of November, and carried her to Sir John Fielding 's. She had on a pair of stays, a petticoat, and a hat belonging to the prosecutrix.

(They were produced in Court, and deposed to by the prosecutrix.)

PRISONER's DEFENCE.

I was not the person that broke open the locks, nor do I know of their being broke open. What she has charged me with I know nothing of.

For the prisoner.

JANE HICKINGSON sworn.

I have known the prisoner five or six years; she has always borne a good character.

EVAN PRICE sworn.

I have known the prisoner six years; she bore a good character. I have known nothing of her for the last year and a half.

MARY PARSONS sworn.

I am the prisoner's mother. She has always behaved well till these last ten months.

GUILTY of stealing to the value of 10 d.

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

[Whipping. See summary.]

102. ANNE HICKS was indicted for stealing a silver watch, value 40 s. a steel watch chain, value 6 d. two steel watch keys, value 2 d. a stone seal, set in silver, value 6 d. a pair of silver shoe buckles, value 10 s. a man's hat, value 2 s. a muslin neck-cloth, value 1 s. a cloth coat, value 5 s. two cloth waistcoats, value 3 s. a pair of knit worsted breeches, value 3 s. and 5 s. in monies, numbered, the property of Terence Riley in the dwelling-house of James Burn , September 19th .

TERENCE RILEY sworn.

I was met by the prisoner and another girl on the 20th of September last. They came up to me, and asked me to give them something to drink; I said I would not. They asked me to go with them; I said no. The prisoner said to me, my dear, you had better come with me. I went with her and her partner to their lodgings, in the house of Mr. Burn, in Buckler's-street, St. Giles's the door was open; I went up stairs with them; the prisoner unlocked the door, and I went in. There was no light; the prisoner said, young man, we have have eat no victuals all day, nor drank any thing. I said I had eat and drank enough, thank God, and put my hand in my pocket, and gave the prisoner a shilling; the other girl went down stairs, and brought up a loaf, some meat, and some beer, and a candle lighted. I stripped and went to bed; they were eating their victuals when I was in bed. I put my watch on the mantle piece over the chimney; it was a silver watch; the maker's name Bland, No. 2839. They eat enough as they said themselves; then the other girl came to bed. She pulled off all her clothes, but her smock. I was in bed. The prisoner pulled off her petticoat, her bonnet, and shoes. She went to my watch, and took hold of it; I asked her what she did with that, and bid her let it alone. O, my dear, said she, I am only putting it farther on, that it may not fall. She locked the door, put out the candle, and laid down on the bed without pulling any more of her clothes off; this was between ten and eleven o'clock. Soon after that I fell asleep; I awoke about one o'clock; I said I would see what o'clock it was, and put my hand over this way (describing it) and missed the prisoner. I awaked the other girl, and said where is your partner, I cannot find any of my things? just so. I got up in my shirt and felt about as well as I could in the dark, and found the door open; the other girl got up, and could not find her gown, one of her shoes, and one of her stockings; the prisoner had run away with them; so I came down as well as I could in the dark. I began to feel about the place down stairs till I came to the landlord's door; he called out, who is there? I was feeling about every where for this woman; the landlord asked, who is there? A friend says I; he said, what do you here? I said, indeed, I am robbed, I have lost all my things up stairs by one of the women. He got a light; I went in in my shirt. He said to his wife, God's blood and zounds, what is all this? what lodgers do you keep up stairs? His wife said, what brought him into my house, send him to the round-house? I said it was a pity to send me to the round-house, at that time of night, when I was naked; I said do not do it. The prisoner could not be found for ten weeks after; when she was taken I was at work in Grosvenor-square. The constable sent for me to Justice Welsh's office.

All your clothes were taken away? - I was in my shirt. I searched the room, and all my clothes were gone but my shirt and my shoes. I went to the justice's at five in the evening, the day the constable sent for me, and saw the prisoner coming from the round-house. I knew her in a minute.

How came the constable to know that this was the girl that robbed you; had you given a description of her? - Yes; at Justice Welsh's office the next morning; the other girl could not go with me for want of her clothes. I went to the justice's with the prisoner; he bid her tell what the had done with the things; she said she did not lie at home that night. The justice asked me if I knew her to be the person; I said I did. I have seen many women's faces. I knew none to be the woman, but this. She was sent back to prison till Wednesday to see if she would tell where the things were. I went again to the office at five o'clock on Wednesday night, and the prisoner would not tell any thing about it. She only laughed at the justice; the justice told her she was a hardened wretch, and he would commit her to Newgate; she laughed, and said that was the place she wanted to go to. I was desired to come to Hick's-hall the 11th of January.

Did you ever find any of your things? - Not a halfpenny worth.

ALICE BURN sworn.

The prisoner lodged in my house one week. I did not see her on the night of the robbery, nor afterwards, till I saw her at the justice's; this was on the Sunday night. I never saw her afterwards.

PRISONER's DEFENCE.

Being big with child; I went home to my mother on the Saturday; the other woman, and several others lodged in the room. I know nothing of the prosecutor.

To Riley. Was you sober? - I was as sober as I am now. I was in my right senses.

Court. If you had been in your senses, you would not have gone there? - I should not, but you see the temptations of the world.

NOT GUILTY .

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

103. JOHN MEDLEY was indicted for stealing two pint pewter pots, value 2 s. the property of Thomas Firmage , December 25th .

THOMAS FIRMAGE sworn.

On the 25th of December my boy was getting in the pots, two pots were lost. I only speak to the property.

- PINNER sworn.

How old are you? - About fourteen. I am servant to Mr. Firmage. On Christmas night I was at the next door; I saw the prisoner cross the way, and take two pint pots off the rails.

Whose pots were they? - Mr. Firmage's. I put them on the rails. It was seven o'clock at night.

Could you see him? - Yes; it was only next door; He went a few doors farther, and put them in his pocket; he then returned, I thought, to take some more. I went over the way, and told the watchman of it, who was at my master's door.

WILLIAM AYRES sworn.

I was going by Mr. Firmage's door, and the boy came and told me, that a man over the way had taken two of his master's pots and put them in his pocket. I went to lay hold of him, and he made a stroke at me with a stick, and ran away. I pursued him and took him. I asked him what he had done with the pots; he said they were Mr. Firmage's pots, that he was only playing the rogue with the boy, and would bring them to Mr. Firmage. I secured him, and brought him to Mr. Firmage's. The pots were not found upon him.

Firmage. When the prisoner was brought to my house, we got a candle and lantern and searched the stable yard which he ran through, and found the pint pots on a dung-hill in the corner of the yard. Ayres was not with us when we found the pots.

PRISONER's DEFENCE.

It is all right what Mr. Firmage says; I was so much in liquor that I did not know what I did at the time.

GUILTY of stealing to the value of 10 d.

Tried by the First Middlesex Jury before Lord Chief Baron SKYNNER.

JOHN MEDLEY was indicted for stealing a pewter quart pot, value 18 d. the property of Anne Berwick , January 8th .

THOMAS JAMES sworn.

I am son-in-law to Mrs. Berwick. Mr. Firmage sent us word that he had taken a man with one of our pots.

THOMAS FIRMAGE sworn.

We got a search warrant and went and searched the prisoner's lodging, and found four quart and three pint pots in a trunk. In a closet we found a cake of pewter which had been melted in this iron pot (producing them).

THOMAS JAMES sworn.

This quart pot is Mrs. Berwick's; she has lost three dozen in three weeks. I cannot give any particular account of the loss of it; it is worth two shillings.

PRISONER's DEFENCE.

The metal that was melted down was a wash-hand bason. I was in liquor and picked them up in the street.

GUILTY .

Tried by the First Middlesex Jury before Lord Chief Baron SKYNNER.

104. ANNE VAUGHAN, otherwise GARLAND , was indicted for stealing two iron keys, value 2 d. a shilling, and five half-pence , the property of Anne Harwood , December the 15th .

ANNE HARWOOD sworn.

I am servant to Mr. Venables, attorney at law, in Threadneedle-street. On the 15th of December I went with my fellow servants to the play; going up the play-house stairs into the gallery, I caught the prisoner's hand in my pocket; I found nothing in her hand. I charged a constable with her, and he shook the things mentioned in the indictment out of the tail of her gown.

WILLIAM HALLIBURTON sworn.

I am a constable. I was at the playhouse, the prosecutrix charged the prisoner with picking her pocket. I secured her; I took her out of the crowd into the pit passage, and went to search her, and the keys fell from her.

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

PRISONER's DEFENCE.

I know nothing of it; the things were not found upon me.

GUILTY .

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

[Branding. See summary.]

[Imprisonment. See summary.]

105. HANNAH WHEELRIGHT was indicted for stealing five linen shifts, value 5 s. a cotton gown, value 5 s. a camblet gown, value 3 s. a remnant of cotton, value 3 d. a remnant of camblet, value 3 d. a check apron, value 6 d. a petticoat, value 1 s. and a breakfast cloth, value 6 d. the property of Elizabeth Isaacs , December 14th .

ELIZABETH ISAACS sworn.

Last Monday four weeks, I lost five shifts, a cotton and a camblet gown, a remnant of cotton and a remnant of camblet, a check apron, a petticoat, and a breakfast cloth. I go out a charring; they were taken out of my lodging. Some were found sold, and some pawned.

SARAH HOLT sworn.

My father keeps a sale-shop in Monmouth-street. I have two gowns, and an old check apron, and two remnants. I bought them of the prisoner on the 14th of December, for eleven shillings and sixpence.

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

Are you sure the prisoner is the person? - Yes; to the best of my knowledge; I have no doubt of it.

ELIZABETH BASEY sworn.

My father keeps a pawnbroker's shop. I have five shifts; I had them of a woman; I cannot say whether it was the prisoner; she said her name was Sarah Jenkins . I think the person that left them was a taller woman than the prisoner.

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

LYDIA CHARLTON sworn.

I bought a flannel petticoat; I think it was of the prisoner.

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

PRISONER's DEFENCE.

I lived servant with Judith Judd , the woman of the house where the prosecutrix lives. I went down to the pump for some water, when I returned, my mistress sent me to pawn the things on Snow-hill? I have not seen her since I have been in prison.

Prosecutrix. Judd lives in the one-pair-of-stairs room, I live in the two-pair-of-stairs.

To the prosecutrix. How long was it after you lost the things before you took the prisoner? - I went to synagogue at seven, returned at nine, and found my door broke open; the prisoner was in the house when I went out; she was out when I returned, and did not come home till noon; then I got a warrant and took her, and had her before Justice Justice Sherwood, and she owned taking the things to the officer. I did not hear it myself.

Did you hear own it yourself? - Yes; at the justice's I heard her own it; I told her before we went to the justice, if she would own it it would better for her, and I would pay for the things; but she would not. I made her no promise afterwards.

GUILTY

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

[Branding. See summary.]

[Imprisonment. See summary.]

106. BRIDGET HAWKINS was indicted for stealing a piece of silk ribband, containing eighteen yards, value 9 s. the property of John Caley , December 23d .

BENJAMIN CALEY sworn.

I live with my brother, John Caley . On the 23d of December, about eight in the evening, the prisoner came into my brother's shop, and asked to look at some children's ribbands; our journeyman served her with a yard, or a yard and half, which she paid for. I was marking some ribbands I had bought that morning; she came and looked at them, and desired me to cut her a yard and half off a piece she fixed on. While I was cutting it off, she took up two pieces which were lying on the counter, and dropped one of them into her apron, which was tucked up; her stays preventing it falling into her apron; she was obliged to shrink her belly in to let it fall in; I saw it in that situation; she paid me, and went out. I called to my man, who was then shutting up the shop to stop her, which he did; the ribband being not found upon her, I ordered her up stairs into the kitchen; my mistress and the servant searched her, but the ribband was not found. We had no other piece of that pattern.

PRISONER's DEFENCE.

I did not take the ribband. I was searched; I had only the ribband I bought.

NOT GUILTY .

Tried by the London Jury before Mr. Justice ASHHURST.

107. MARGARET HAWKINS was indicted for stealing a piece of printed cotton cloth, containing seven yards, value 7 s. the property of James Jackson , December 24th .

JAMES JACKSON sworn.

On the 24th of December, between four and five in the evening, two persons came into my shop, and asked for some clear lawn.

Was the prisoner one of them? - No; I believe she was connected with them, I apprehended that they were thieves, and looked sharp after them. I showed them the articles they asked for; they objected to it, and were going out; I said they had better let me cut them half a yard off; with that one came to the counter side, the other stood by a horse that we hang linen on to show. The prisoner stepped up on the step, and took this piece of printed linen from the horse. I stepped round the counter, called my wife, and went out after the prisoner, and saw it under her arm. I took her and brought her back. When I brought her into the shop, some of the neighbours came in; she up with her sist, and threatened to knock my wife down. She knocked the candle in the constable's face, and burnt his eye.

PRISONER's DEFENCE.

Going along I picked up this linen; the man laid hold of me; I said if it was his property he should have it. I never was in the shop.

GUILTY .

Tried by the London Jury before Mr. Justice ASHHURST.

[Branding. See summary.]

[Imprisonment. See summary.]

108. MARY DAVIS was indicted for stealing a piece of cotton cloth, containing six yards, value 12 s. the property of William Hoddy , January 8th .

WILLIAM HODDY sworn.

I lost a piece of cotton cloth last Friday. About four in the afternoon the prisoner and another woman came into shop to look at some cotton for a gown; while I was serving the other woman, the prisoner went to the farther end of the shop. When they went out, I thought the prisoner had something under her arm; I went after her and found the cotton upon her.

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

PRISONER's DEFENCE.

I went with an acquaintance to buy a gown; she took some cotton with her for a pattern; I took this piece of cotton by mistake. I thought it was the piece she brought with her.

Prosecutor. She had no pattern to match.

For the Prisoner.

JOHN GODDARD sworn.

I have known her two years; she always bore a good character. I was under a bond to a Mr. Blunt, for whom she worked, as a security for her work. I never knew but she was very honest.

WILLIAM GEORGE sworn.

I have known her ten years. I never knew any thing amiss of her.

ELIZABETH GEORGE sworn.

I have known her ten years; and never knew a wrong thing of her.

GUILTY Imp. six months .

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

[Branding. See summary.]

108, 109. WILLIAM HARPER and JOHN MAYS were indicted for stealing three hempen sacks, value 5 s. and twelve bushels of pulse , the property of Thomas Rolfe , January 4th .

THOMAS ROLFE sworn.

I live at Staines. I lost three sacks of pulse, that is beans and peas together, on the 4th of January, Monday was a week, out of a wharf; they were on a waggon; we missed them in the morning, and made enquiry, and heard that some sacks had been carried to a Mr. Ford's. I met Mr. Ford, and asked him if two men had not brought some peas and beans to his house; he said they had. I went to his house and found them; there were some of them shot. I knew them to be mine.

THOMAS HALL sworn.

I am a constable in Staines. I received these sacks from Mr. Rolfe.

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

WILLIAM FORD sworn.

On Monday evening, the 4th of January, the prisoner Harper came to me and asked me if I wanted any horse beans; the other prisoner was not with him then. I said if he had any he might let me have a sack; he said he would let me have it presently. He did not come again till about ten o'clock at night; then they both came; Mays brought the sack and shot it in the bin. I looked at it, it was a very bad sort. Harper said he had two sacks more that I might have; I said I did not choose to have them; he said if I would have them we should not differ about the price, and he would bring them; accordingly they brought the other two sacks and pitched them in my granary; I said I did not know the value of them, I did not know how the markets went, I would enquire and give him accordingly. In the morning I met Mr. Rolfe, he asked me how I did, and told me I was the man he wanted; and then asked me if I had bought some beans and peas the night before. I said I had; he said he had lost three sacks out of his waggon.

Had you any conversation with Mays about it? - No; not a word; Mays brought all the three sacks.

HARPER's DEFENCE.

I am innocent of the charge.

MAYS's DEFENCE.

To my knowledge I never saw them.

BOTH GUILTY .

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

[Imprisonment. See summary.]

110, 111. GEORGE BAYLIS and TIMOTHY HEDGE were indicted the first for stealing thirty files made of iron and steel, value 10 s. and iron mandrell, value 7 s. an iron box and pin, value 5 s. three iron boxes, value 2 s. and an iron screw plate with three taps, value 18 d. the property of Philip Jackson , December 12th the other for receiving part of the above goods well knowing them to have been stolen , against the statute, &c.

PHILIP JACKMAN sworn.

I am a smith ; having received information that some files, which were supposed to belong to me, had been seen at Mr. Parkes's from time to time, I sent to Mr. Parkes and desired him when any more came to let me know, a woman coming with some more, Mr. Parkes sent me word. I went to Mr. Parkes's and saw some files; the woman was in the shop; I knew them to be mine immediately; she had brought several parcels before. We secured the woman, but afterwards we took Baylis, who was my apprentice into custody, and went and searched Hedge's house, and found three iron boxes, an iron screw with some iron taps, and a mandrell; I was present when they were found; he was carried before a justice and committed. Baylis confessed he had taken them at different times, and carried them to this man.

How was this confession made, did you make him any promise to induce him to confess? - No, there was no promise made him whatever, nor any thing of that sort hinted to him. When we carry our files to the file cutters, as they have so many, they mark the names of the persons they belong to upon them; my files were so marked. There is about a third of them are broken off just at the mark; I am certain to about thirty of them, the quantity laid in the indictment, being my property. Hedge very well knew Baylis was my apprentice; my dwelling house is at a distance from the house of Hedges but the place where I work is within ten yards of his house.

RICHARD PARKES sworn.

I am an ironmonger. On the 12th of December Mr. Jackman came to my house; the prisoner Hedge's wife being there with files I sent for him. She has brought things to my house from time to time. She was taken into custody.

JOHN GODFREY sworn.

I am a constable. I took Mrs. Hedge up on being informed by Mr. Jackman that these things belonged to him. I went with Jackman to Hedge's house; we found him in bed; I found the things mentioned in the indictment in his shop; they lay about the shop; some in one place, some in another, some of them rather out of sight; the mandrell was open in the shop. I took Baylis, and told him the best thing he could do for his master, now he had robbed him, was to confess what he had taken.

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

HEDGE's DEFENCE.

I borrowed the Mandrell to round some handles, and the screw I borrowed to mend a brass fronted stow; as to the box and pin the young man asked me to let him leave them there till he fetched them away. I have often lent him tools out of my shop for his master's use. I thought there was no harm in borrowing a tool of a man.

For Baylis.

WILLIAM MARSHALL sworn.

I have known Baylis two years; he is a hard working young fellow; I never heard any thing bad of him before in my life.

Would you employ him? - Yes.

JOHN PUGH sworn.

I have known Baylis six years; I never knew any harm of him.

THOMAS HUGHES sworn.

I am a coachmaker. I have known Baylis six years; he always bore a good character; his father lodged in my house.

THOMAS HOPKINS sworn.

I am a smith. I have known Baylis about a year; I worked in the same shop with him; he is an industrious honest man.

For Hedge.

SAMUEL SUTTON sworn.

I keep a chandler's shop in Liquorpond-street. I have known Hedge six or seven years; he has used my shop, he always paid me very honestly; he bears a good character.

JOHN KILBY sworn.

I am a smith. I have known Hedge between sixteen and seventeen years, he has worked for me almost all that time; he has served me with goods.

What does he deal in? - He makes screws and nails.

Is the mandrell a thing that is used to make screws or nails? - No; it may be used to open manger rings; he makes many of them for me.

- BAKER sworn.

I have known Hedge five years; I never knew any other than he was an honest man; I rented part of a shop of him, and have left goods in it to a considerable value. I never missed any thing.

Another Witness sworn.

I have known Hedge's wife going on twenty-seven years; I always looked upon them to be honest just people.

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

HEDGE NOT GUILTY .

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

112, 113. ELIZABETH WRIGHT and ELIZABETH PERRY were indicted for stealing a pair of silver knee buckles, value 3 s. and seven shillings in monies, numbered , the property of John Crab January 6th .

JOHN CRAB sworn.

I live at Brentwood. On the 6th of January, about half after seven o'clock, I went into New-street, Bishopsgate-street , to enquire for a person. I could not find the person; I met the prison Wright, and enquired of her if she knew such a man; she said she did, and took me into a house, where she said the man lived. She went up stairs, and came down and told me the man was above and would come down presently; I sat down and sent for a pot of beer. When I got up and was coming out, Perry knocked me down, and took my money out of my pocket, my watch, and my knee buckles. I struggled and got my watch again; my buckles and money I never got; I was glad to get out of the house as soon as I could. I went and got a constable, and returned to the house, they were not in the house; then we went to the next door to see after them, and as we were coming out, we met Perry coming in with a quartern of gin in a glass. I said to the constable that is the woman that knocked me down; she said she never saw me; I said constable that is the woman, take her. As we were coming out with her she produced the buckles to the constable; as we were going out Wright came in, and we took her also.

Wright. Did not you spend two shillings in liquor, and one shilling in victuals? - No.

Perry. I fetched in the liquor? - I believe she did, and locked the door on me. When they got me in she took the key in her hand, and swore, you bloody buggering villain, if you do not deliver us your money we will kill you. When they had got my money they opened the door and turned me out; then I went and got a constable.

- DAVIS sworn.

I am a constable. On the sixth of this month, between ten and eleven at night, the prosecutor came to the watch-house, and said he had been robbed of his buckles and seven shillings. I asked him if he knew the prisoners that had robbed him; he said yes. We went to the room, the prisoners were not there; we went into the next room, and the tallest woman (that is Perry) came in with some liquor in her hand, and the prosecutor gave me charge of her. I said if you have the buckles let us have them? She went to the chimney-piece, and gave me the buckles. I searched her and found a shilling and some halfpence.

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

Wright came in, and we took her, but found nothing upon her; she had no pockets on.

Wright. Did not I say if he would give me the three shillings for lying with me, I would give him the buckles? - No.

WRIGHT's DEFENCE.

I was in Bishopsgate-street, just come from work. I saw this man; he asked me where I was going; I said home. He went home with me, and sent for something to drink. He spent three shillings; he had no more in the world. When he was going to bed; he said, my dear, I will make you a present of these knee buckles to sleep with you all night. I went to bed with him; he got up in a rage, and said he would not stay any longer he was going into the country. He took his watch, and said give me my knee buckles; I said I would not, he might stay all night if he would, and he gave me a smack of the face.

PERRY's DEFENCE.

I was washing next door to this place; I was just finished. Wright came and asked me for the key of the room, and she and this man went in. I fetched two or three pots of beer, then a shilling-worth of ham, and he gave her the buckles to sleep with her.

Wright. He was very much in liquor.

WILLIAM PAYNE sworn.

Mr. Gates and I were at the watch-house when they were brought in. The prosecutor was as sober as he is now, and told the same story.

BOTH GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Branding. See summary.]

[Imprisonment. See summary.]

114. MARY MORRIS was indicted for stealing three yards and a half of thread lace, value 7 s. the property of Thomas Wright , January 9th .

THOMAS WRIGHT sworn.

I am a silversmith . I work up stairs; my wife keeps a milliner's shop; I was called down, and informed the prisoner had stolen a piece of lace; they were searching her, and found the lace upon her, and I sent for a constable.

MARY BOLLAND sworn.

I am an apprentice to Mrs. Wright.

What age are you? - Thirteen. The prisoner came to our shop last Saturday, and bought a handkerchief; she then asked to look at some lace. I sent a little boy into the parlour, where m y mistress lay-in, to bring a little box of lace out, and I showed her several pieces; there was none that would do. As I was putting the lace into the box off the counter, I saw her take a piece, and lay it on the paper her handkerchief was in, and put it altogether in at her pocket hole. When she had done this, she was going sharp from the counter; I called out stop ma'am. She was opening the street door in a great hurry; I ran round the counter, laid hold of her gown, and called for nurse, who was in the next room, to come and assist me; we took her, and brought her into the parlour. I charged her with stealing the lace; she instantly denied it; she was very willing to be stripped and searched twice; the second time the lace was found. I was not in the room when it was found.

ANNE CROUCH sworn.

I was called out of the parlour; we secured the prisoner, and brought her into the parlour; she was charged with having a piece of lace. She said she had it not; she stripped herself; and it was not found. She then said we had stopped her half an hour, and she would make us suffer for it; they desired me to strip her and search her again. I did.

Where did you find it? - In her private parts. I delivered it to Brown the constable.

(The lace was produced in court by the constable, and deposed to by Bolland.)

PRISONER's DEFENCE.

I went to this shop, and bought a handkerchief. I went to put my handkerchief in my pocket, the lace lying by it; I took it up by mistake with the handkerchief, and put it in my pocket. I told them so when they charged me with it, and took it out and gave it them.

GUILTY .

Tried by the London Jury before Mr. Justice ASHHURST.

[Branding. See summary.]

[Imprisonment. See summary.]

115. MARY BROWN was indicted for stealing an iron poker, value 10 d. the property of Joseph Coward , December 28th .

JOSEPH COWARD sworn.

I keep a public-house . On the 28th of December the prisoner came in for a pint of beer; I had some suspicion of her, and watched her, and saw her take the poker and go out with it; I followed her, and took it upon her.

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

PRISONER's DEFENCE.

I did it through want.

GUILTY W .

Tried by the London Jury before Mr. Justice ASHHURST.

116, 117. JOSEPH MARSHALL and JOHN MINSHAM were indicted for stealing a silver watch, value 40 s. the property of Jonathan Wilkins , January 12th .

JONATHAN WILKINS sworn.

I live in Plumbtree-court, Holborn. I am 2 watch shagreen-case-maker . On Tuesday last I went with Ambrose Kimber to Newgate to see a prisoner; when we came he was not there. Another prisoner, Abey Irons , asked us to sit down; we sat down, and had two or three pots of beer there.

Did you know Irons before? - I did not, but Kimber did. Minsham asked us to go up stairs in the room where the common prisoners were? there was a man making shoes there. Kimber said he would go up and be measured for a pair; we went up, and staid about half an hour; then Minsham asked me to come down. Minsham and some other prisoners went down first, and Kimber and I followed them. They shut the door at the bottom of the stairs, and I lost my watch.

Who went down with you? - I cannot say right. My watch was in my fob; they fastened my mouth, knocked me against the place, and took it from me.

Who did that? - It was so dark I could not see them. It was those that went down stairs.

Did you perceive any body's hand about your pocket? - Yes.

Did you take hold of the hand? - Yes.

Whose hand was it? - I could not tell in the dark. I lost my watch and buckles. I never got my watch again.

AMBROSE KIMBER sworn.

I am a coach-harness-maker. Last Tuesday night, about five o'clock, the prosecutor and I went to Newgate to an acquaintance of mine. When we came into the yard, the people said he was not there. Abey Irons asked me how I did, and how all the people at Tothilfields did. We went up stairs, and sat about half an hour with a shoe-maker. Marshall asked Wilkins what o'clock it was; it was then five minutes after seven o'clock. Marshall asked me to go down stairs; Marshall went down, I followed him, and the prosecutor came after me. Marshall called Minsham out of the other ward; they shut to the door. I was shoved behind the door; I heard the prosecutor cry out, Gentlemen, do not burt me, take what I have and welcome. I do not know who took the watch.

MICHAEL ATHILL sworn.

These men came into Newgate on Tuesday. They went up stairs, and afterwards I heard somebody cry out, that there was a robbery.

The prisoners in their defence said, there were persons in the gaol could prove where they were when the watch was stolen, that the prosecutor went round the gaol with them to find the watch, and offered five shillings reward.

Wilkins. I did not go round the gaol with them. I offered a crown to any body that would bring me my watch.

BOTH NOT GUILTY .

Tried by the London Jury before Mr. COMMON SERJEANT.

118. JOHN BARBER was indicted for stealing in the dwelling-house of John Frost , Gent . a promissory note, signed E. Carter, hearing date the 20th of July, 1778, value 20 l. by which said note, the said Elizabeth Carter did promise to pay to Mrs. Reay, or order one month after date 20 l. (the same being then unpaid to the said John Frost the proprietor thereof) against the statute, November 30th .

2d Count. For stealing in the same dwelling-house a bank note, marked, No. H 196, dated London, the 2d of December, 1778, signed O. Gething, and payable to Henry Sutton or bearer on demand 20 l. (the same being unpaid to the said John Frost the proprietor thereof) against the statute, &c. December 5th .

JOHN FROST sworn.

I live in Upper Charlotte-street, Rathbone-place . On the 5th of December, previous to my going out of town, I inclosed a Bank note in a letter to a client of mine, a Mr. John French . I gave this note to one of my clerks to copy before I inclosed it, intending to send it in the letter. The prisoner was one of my clerk s at the time; after I had made up the letter, I left it with the note inclosed in it in the clerk's office, where I always leave letters, and went out of town, and did not return till Monday the 14th of December. I had notice from my client, that no such note or letter had come to hand, I read Mr. French's letter in the presence of the prisoner and two others of my clerks. On receiving the letter from Mr. French, I told my clerks I was sure the letter had not gone fairly out of the office, that I suspected one of them, and if any one of them would confess taking the letter, and let me have the letter again, it should go no farther; none of them would confess it; upon which I took them to the Rotation-office, and they were examined. I went to the Bank, and found the note indorsed, Thomas Barber , which is the name of the prisoner's brother. I took the prisoner on the 1st of January, after he had absented himself from my service nine days; he then showed great concern, and desired to speak to me in private, which I refused to do. I charged him with stealing the letter and taking the 20 l. note out of it, and he offered to give me a note for the 20 l. I refused, and ordered him to be taken to the Rotation-office. On the Thursday before he absented himself, he desired me to settle his accounts. I was going out in a hurry to settle some deeds. I said I would when I came back; when I returned, he was gone. I saw no more of him till I took him on the 1st of January; he had absented himself previous to this, from the 10th till Monday the 14th, under pretence of having cut his thumb; that was before I knew that the note was lost.

Cross Examination.

This conversation about giving of a twenty pound note was on the 1st of January? - Yes.

After you had said in the office that it was better to restore the note? - Yes.

You took him in his own lodging? - Not in his own lodging; when we went after him, he fled into a two-pair-of-stairs room, where he never was before.

There is a door out of the office into the street without going into the house? - Yes; there are two doors to the office, one into the street and the other into the dwelling-house; but my orders are that the door into the street shall always be kept shut when they go out of the office; and I believe they were complied with.

When you said if any body would deliver you the letter, your attention was fixed more on the letter than on the note? - Yes; there was a secret in the letter that ought not to have been divulged to any person but the person to whom it was sent. I said before the magistrate that I would have given forty pound for the letter.

WILLIAM GARDNER sworn.

I am cashier of the Bank. This note was brought to me for payment, on the 16th of December; I examined it by our list of lost notes, and found it was not a stopped note; I then marked it for payment, and then returned it to the bearer in order for him to receive the money.

Do you know who the bearer was? - No; I have not the least idea of his person; I sometimes ask where persons live; I have wrote on the back of this note Rathbone-place, by which I suppose he gave me that direction, but I cannot remember it is so long ago.

TROWARD COWELL sworn.

I belong to the Bank. Receiving this note with the name of Gardner on it; I paid it. I know nothing of the bearer.

WILLIAM WILLIAMS sworn.

I am clerk to Mr. Frost. About the 5th of December last Mr. Frost wrote a letter to a Mr. French, and threw it down upon my desk and desired some of us, meaning the clerks, to put it in the post.

How many clerks were in the office then? - Three of us. Some time after, wanting to go to dinner, I desired Mr. Bonney, the youngest clerk, to take the letter to the Post-office; he desired I would take it; I told him I should not, and desired he would take it, as he had taken a copy of the bill which I believed was in that letter; I left the letter and went out; the prisoner was then present. Mr. Frost gave Mr. Bonney the bill to copy; the prisoner examined the bill with Mr. Bonney; I was present at the time. When I left the office, the letter was lying on my desk; the prisoner was standing by the fire, and Mr. Bonney was at his desk. I did not return till the Monday following.

Was you there when Mr. Frost came into the office and gave the intimation that the bill was missing? - I was.

What did Mr. Frost say on that occasion? - He came in, and told us it was a very serious matter, that somebody must have taken the letter, meaning, I imagine, one of us; he said that if either of us would acknowledge that we had the note or the letter, that he would really forgive it, and take no farther notice of it.

The note or the letter, was it both? - Either.

None of you did acknowledge it at that time? - No; we were all taken that evening to the Rotation-office, and examined; when Mr. Frost again repeated, that he would forgive the person who had taken the note or letter, provided it was either of us. We all denied knowing any thing of the matter.

Do you remember the day of the month when this promise was made, and you were taken to the Rotation-office? - I cannot exactly remember the day of the month.

Did the prisoner continue in the office till you had notice that the letter was missing or miscarried? - Yes; all the time; he was absent, after the letter was missing, from Thursday to Monday. I do not know the day of the week; he was taken upon the first of January; I was present when he was taken; Mr. Frost charged him with taking the note that had been missing; he said he hoped he did not intend to charge him solely with it; he said he certainly should, for he had received the money; then he wanted to speak with Mr. Frost in private, and said that he would give him a twenty pound note.

Did he do that of himself, without any promise or threat whatever? - He did.

Did he intimate what the twenty pound note was to be given for? - He said he would give him a note for twenty pounds; he wanted to speak with him in private, but Mr. Frost refused it. We had received a letter on Wednesday from an acquaintance of Mr. French, informing us, that Mr. French had not received the letter. Mr. Mollineaux came in the evening, I think, of the Wednesday, before Mr. Frost came home, and told us he was surprised to find Mr. French had not received the letter and the twenty pounds. Just as Mollineaux was going out, I said it was very surprising what was become of the note, somebody must have it; it would come out; the prisoner said, do not acquaint Mr. Frost with it now, stay till another time; I said why not?

What time in the evening was this? - I believe it might be about six or seven; our candles were lighted at the time. When Mr. Frost came home, I was going to tell him; he turned away and met Mr. Bonney, the young clerk, who informed him of it.

Cross Examination.

You knew in the office that this note was missing before you saw Mr. Mollineaux? - Yes.

Then it was no secret in the office, Mr. Frost knew of it before? - Yes; but he was not acquainted with the contents of Mr. Mollineaux's letter.

Mr. Frost knew that the letter was missing before? - Yes.

Mr. Frost. I knew of it on the Monday, this was on the Wednesday.

JOHN AUGUSTUS BONNEY sworn.

I am clerk to Mr. Frost. On the 5th of December Mr. Frost gave me a note of twenty pounds to take a copy of.

Did you examine it with any body? - Yes; with the prisoner. When I had copied it I delivered it back to Mr. Frost.

How long after you gave it back was it that Mr. Frost gave the letter to go by the post; did he say that the note was to go by the post when he gave it you to copy? - Yes, and gave me the outside of the letter to copy.

Did he make this declaration in the presence of the prisoner, that it was to go by the post? - I cannot say.

How long after did Mr. Frost leave the letter? - About a quarter of an hour.

Did you carry the letter? - No; it lay some time on the desk where Mr. Frost put it. Mr. Williams was going to dinner, the prisoner was standing by the fire; Mr. Williams and I had some words about taking it as he was going out.

Did Williams give any reason why he would have you take the letter more than any of the other clerks? - Yes; because I had taken a copy of it.

Was that in the hearing of the prisoner? - Yes.

Did Williams go away? - Yes; and left the letter behind him.

Did you take it? - No; the prisoner and I went into another room to look for a book; when I went out of the office, I locked the door that opens into the street.

You left the letter in the office? - I am not certain whether it was there then, it was there when Williams went from the office; after we had been looking in a room or two, we returned into the office and the prisoner took his hat and we went out again and went up stairs; the door was then locked; we could not find the book; I let him out at the street door into Charlotte-street, then I returned into the office.

Did you see the letter, or do you know whether it was in the office at that time? - No.

Did you ever see the letter again? - No; I sat down and wrote some time; the letter came into my mind I looked on the desk it was not there; I searched a little time, but could not find it.

Is it usual to be so careful to lock the office every time you go out into any room in the house? - I always do if there is nobody in the office.

There is a door out of the office into the street, and a door into the house? - Yes. When the prisoner returned from dinner, I asked him if he had taken it to the post; he said, as I understood, that he had taken it and given it to James, Mr. Frost's servant, he seemed to laugh at me for thinking it was not safe.

Did you think it was not safe, by asking after it? - I thought it was safe when he told me he had taken it. On the 10th of the same month he went out about twelve o'clock, and never returned till the Monday following.

What day of the week was the 10th? - Thursday; Monday was the 14th. Mr. Frost came to town on the Monday morning; we received a letter for him on the Saturday before, from Mr. French.

Did he tell you that he had received a letter from Mr. French? - Yes.

Was the letter, that was intended to be sent, directed to Mr. French? - Yes; here is a copy of the direction, I took it at the time (producing it with the copy of the note)

( The note and copy were both read in court.)

There is written at the bottom of the copy of the note, inclosed in a letter to Mr. John French , Tatonhall, Wolverhampton, in Staffordshire; there are the initials of my name to the copy.

What did Mr. Frost say to you when he found Mr. French, had not received the letter? - What he said was after Mr. Mollineaux came, I believe.

Was you in the office when Mr. Mollineaux came? - Yes.

Where was your master? - Gone out. I went out just as Mr. Mollineaux went out; when I returned I met Mr. Frost as I came in, and told him what Mr. Mollineaux had said. The first time I spoke to the prisoner about it was before Mr. Mollineaux came. When I found that the letter did not go safe, I asked him if he did not give the letter to James; he said no, he did not; that he said perhaps James might take it; I told him I thought he said that he had given it to James. I was not certain what he had said to me; I was doubtful.

You doubted whether he had said perhaps James might take it, or whether he said he had taken it? - Yes.

Do you think now he said James had taken it? - Yes. Upon Tuesday the 22d of December Mr. Frost came into the office, and told us it must lay amongst us, it must be one of us that had taken the note, and that if either of us would confess it, and give him the letter, he would forgive the note.

Are you sure that was his expression? - Yes, my lord, I am pretty certain of it.

What reason did he give you, or did he give you any, why he was anxious to have the letter? - He said there was something private in it, that he would not wish any one to know but Mr. French and himself.

Then you were carried before the justice of peace? - Yes; we were all examined there.

Did the prisoner continue in the office all the time after that? - No; the next day he was very anxious to see Mr. Frost, to settle his accounts; that was the 23d, I believe, between ten and twelve in the morning.

Did Mr. Frost settle his accounts? - No; Mr. Frost was going out about a good deal of business; he told him he could not do it then, he would when he returned.

Did he stay till Mr. Frost came home? - No; he said he was going out and would return again; he went out and presently returned; then he said he was going home to dinner, and went away but never returned again.

You never saw him afterwards till he was taken up? - No.

Was you present when he was taken up? - No; I saw him at the Rotation-office.

Cross Examination.

At the time the prisoner was absent from the 10th to the 14th, Mr. Frost himself was out of town, was he not? - No; he went out of town on the Saturday, and returned on the Monday.

Do you remember his saying that the reason why he could not come was because he had cut his thumb? - Yes.

You say that you thought at first he said that he had given the letter to James; when he said he did not say so, but that perhaps James took it, you doubted which was the expression? - I did.

Did he give any reason why he wanted his accounts settled? - He said he was going to see his sister in Hampshire.

You did not see the Bank note put in the letter? - No.

JAMES GREEN sworn.

I am servant to Mr. Frost.

Did you ever receive a letter, or take a letter from the office? - No.

Had you any conversation with the prisoner, about any letter being taken out of the office? - No.

That is all you know about it I suppose? - Yes.

Mr. Frost. There is another note which has not been mentioned, which the constable took out of his pocket, which is another 20 l. note, which I lost from a drawer, marked with the letter N in my office, where I usually keep these notes; I gave that note to the prisoner the latter end of August, or beginning of September to receive; the woman that drew it desired me to wait a little while. After the time was expired, I gave it to the prisoner to present to the Board of Green Cloth; he returned it to me again, and to the best of my rememberance I put it in the drawer. When he was absconded, I looked in the drawer for the note, and missed it, and said, that he had taken that as well as the Bank note.

You said you gave it to him first to receive; that an excuse was made desiring you to wait a particular time, and he then gave it you again? - Yes.

You gave it him a second time? - Yes.

And you think he gave it you again and you put it in the drawer? - Yes; I think I asked him for it and he gave it me, and I put it in the drawer.

And the moment he absconded, you looked in the drawer where you expected to find it, and it was gone? - Yes; and I went immediately into the office, and said he had got the note of Mrs. Carter's too with him.

(The note was read in court, and answered the description given of it in the indictment.)

Was that drawer locked or open? - Open.

Court. Why did you do those things, it is a great temptation? - I would not have kept him in my office, if I had not thought him honest.

JOSEPH HARRIS sworn.

I am a constable. I took the prisoner, and searched him by the order of the magistrate. When we went to search him, he objected to it, and strove very much against it; but when he found that he was rather overpowered he clapped his hand in his left hand breeches pocket and pulled a paper out of it, it was immediately observed, and twitched out of his fingers.

He did not deliver it to you? - No; it was taken by force out of his fingers.

Do you know what it was? - It was delivered into Mr. Frost's hands; I saw it opened.

Should you know it again? - No.

To Mr. Frost. Is that the paper that was delivered into your hand? - Yes; it was delivered to me immediately.

How long was it from the time the bill was returned unpaid the second time before he absented himself? - I think it was returned the second time in November. I did not look after that note till he was absconded. I had given her time, and the Board of Green Cloth had given her time the second time.

Was the time they had given her expired? - I cannot say.

Were there other letters besides this left that night to go by the post? - Not one.

PRISONER's DEFENCE.

I leave my defence to my Counsel.

For the Prisoner.

SAMUEL PRITCHARD sworn.

I am a silk-dyer. I have known the prisoner upwards of two years; he is a very honest sober man, very assiduous to maintain his family; he has a wife and three children.

FRANCIS SURRY sworn.

I am a timber-merchant. I have known the prisoner about a twelvemonth; I never heard any thing amiss of him before this.

NOT GUILTY .

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

119, 120, 121. HENRY BALL , THOMAS OSBORNE and WILLIAM HILSDON , were indicted for burglariously breaking and entering the dwelling-house of Benjamin Wood , on the 17th of December , about the hour of twelve in the night, and stealing a feather-bed, value 5 l. six woollen blankets, value 3 l. two bed pillows, value 6 s. a linen quilt, value 10 s. three linen towels, value 3 s. a mahogany tea-chest with three tin cannisters, value 8 s. an iron roasting jack, value 10 s. five pewter dishes, value 20 s. ten pewter plates. value 10 s. a copper stew-pan, value 2 s. a copper tea-kettle, value 8 s. seven tin cannisters, value 10 s. a japanned tin cannister, value 4 s. two pewter wash-hand basons, value 4 s. three looking-glasses in wooden frames, value 40 s. a copper porridge-pot, value 10 s. a copper sauce-pan, value 2 s. a brass candlestick, value 2 s. three pewter chamber-pots, value 7 s. a pewter pan, value 3 s. four other tin cannisters, value 3 s. a powder-box, value 6 s. an hand-bell, value 1 s. eight china images, value 8 s. a glass bottle for tea, value 1 s. a silk quilted petticoat, value 8 s. a linen quilted petticoat, value 10 s. a woollen cloth riding-habit, value 20 s. a pair of woman's clogs, value 1 s. two hempen bags, value 8 d. and five iron hoops, value 2 s. the property of the said Benjamin Wood , in his dwelling-house .

ELIZABETH WOOD sworn.

I am the wife of Benjamin Wood . My husband rents a house at Hendon , which we have lived in thirteen years; we are there eight months in the year constantly; the other four months we reside in town, but go occasionally once or twice a week; we quitted the house about the 4th of November. I make it a rule always to be last there, and see that every thing is safe; we go round and try the doors and windows to see that they are safe. On the 18th of December, about twelve o'clock, the gardener, John Groves , came to acquaint us that the house was robbed. I went down directly as soon as the horse was put to; Mr. Wood having been ill, we had not been down from the 5th of November. I went down and found the door that opens into the garden on the back part of the house broke open; the staple had been wrenched; but that is not the door we went out at when we left the house.

Was the fore-door locked or not? - It was locked as it was when I left it; the pair of gates which go into the garden were forced open; when I went in I missed three towels, five keys, and all the other things mentioned in the indictment; they had broke into the cellar and cleared away almost all the liquors. I imagine they drank some in the house, for I found in the fore-parlour a cup that had rum in it; there were three candles that had been lighted, and candle grease dropped about the house, and particularly in one closet where I had never had a candle.

JOHN GROVES sworn.

I am a gardener. I was left to take care of Mr. Wood's, garden. On the 17th of December when I left work about a quarter after five, the doors and windows of Mr. Wood's house were all fast.

Was the door facing the garden fast? - Yes.

JOHN FULLER sworn.

I am a watchman at Hampstead. On the 18th of December in the morning, about three o'clock, as I was crying the hour, I met a farmer's cart with some lambs; the carman told me there was a little cart coming behind very much loaded. I kept calling the hour. Presently I saw another cart, there was one horse drawing it and a little horse beside it, on which two men rode; there were three men on the cart. I said, good morning to you, and stepping out of the causeway into the road, said, what have you got in the cart? They made no answer, but began whipping the horses, and drove as fast as they could, and drove the cart against the wall of a broker's shop, and overturned it, and broke the shafts. The men on horse-back rode off as fast as they could. I made a stroke at one of them with a hanger as he turned the corner; I missed my blow, and had like to have fallen, but recovered myself. Ball came up, I asked him where he was going to; he said, he did not belong to the cart; he was just come down the town. I asked him what house he came out of, he said out of no house, and made a stroke at me with his fist, and struck me in the neck. I up with my hanger, and said, if he offered to strike again I would cut him down. I secured him, and took him to the cart, and desired my partner, another watchman, to take care of him. Edwards the constable came, and I gave him charge of him; and went and took the goods out of the cart, and delivered them into the custody of Mr. Muddocks, another constable.

Did you observe, in the overturning of the cart, whether any one of the men in the scuffle lost his hat? - No. Muddocks found a hat as he was carrying the goods up to his house.

Do you know the persons that attended the cart? - Yes; Osborne was the first man that rode on the little horse.

Are you able to speak to the other? - Yes; by the colour of his clothes; he lay upon the cart.

Osborne. How can you swear to me by seeing me in so dark a night? - I have known him many years; he lived with Mr. Greenall, and drove his cart.

SIMON EDWARDS sworn.

I am a constable at Hampstead. Ball was delivered into my custody; I searched him and found an iron crow, a chissel, and a parcel of keys upon him; three I believe are common keys, the others are pick-lock keys (producing them.)

Did you try those keys at Mr. Wood's house? - No; Mr. Muddocks, I believe, tried them.

SAMUEL MUDDOCKS sworn.

I am a constable at Hampstead. I was called up a little after three in the morning; about fifty yards from the cart I found a hat.

Did you go to Mr. Wood's house to try the keys that were found upon Ball? - I did. When we came to the house Mrs. Wood imagined these three keys to be her's. I went to the different locks she said they belonged to, and tried them, and they fitted exactly. One is the key of the wash-house, another the key of the pantry, the other is the key of a closet in the kitchen. This pick-lock key I tried, and found it opened the front door. I apprehended they opened the front door to get in; and got out at the back door; it was broke open in the inside. There was the track of a cart and one horse from the back door. I tried the chissel and crow found on Ball, with the marks of the door that was broke open, and other places that were broken, and they fitted the marks exactly.

DENNIS M'DONALD sworn.

Was you present when Ball was brought before the magistrates on the 18th of December? - Yes.

What passed when he was examined? - I was not in the room.

Who was present? - They were examined before Mess. Read and Cox. Fletcher will give an account of that.

JOHN FLETCHER sworn.

I am clerk to the magistrates in Litchfield-street. When Ball was brought, I was informed that he wished to be admitted an evidence; knowing his character I told him I could not do any thing till the magistrates came; when they came they would not admit him an evidence. He candidly told who were concerned with him in the robbery.

To M'Donald. In consequence of an information you had received did you go after the prisoners? - Yes; I found Osborne and Hilsdon at the house of a Mr. Davis in Fetter-lane, up two pair of stairs; they were lying on the bed in their clothes; their shoes were all over country dirt. As I was going to hand-cuff them, Hilsdon put his hand in his pocket and pulled out two keys, and was going to throw them away. I asked him what he was going to throw away; he said only two keys that he had had six weeks, which he picked up. There was a towel lying on the bed between them that belongs to Mr. Wood. Grubb who was with me took care of it. There was a crow hid in the chimney. I went to Mr. Wood's house and tried the keys; they fitted the locks of the two closets of the fore-parlour.

(The keys were produced in court and deposed to by Mrs. Wood.)

CHARLES GRUBB sworn.

I went with M'Donald to the house in Fetter-lane; the two prisoners lay on the bed with their clothes on; there was this towel (producing it) between them with Mr. Wood's mark on it. I took it up and put it in my pocket. I found this chissel (producing it) under the bed.

(The towel was deposed to by Mrs. Wood.)

THOMAS BOYCE sworn.

Did you see either of the prisoners on the morning of the 18th of December? - I do not recollect the day of the month; it was the morning of the report of this robbery at Hampstead. As I came through Hampstead, about six o'clock, I heard of the robbery. In coming to London on horse-back I saw the middle man, that is Hilsdon, at Battle Bridge; he had an handkerchief about his head. Seeing him without a hat, and having heard that one of the men had lost his hat, I had a suspicion of him, and looked hard at him. He came towards me and I thought was going to attack me. I looked very hard at him, and believe Hilsdon is the man. He had on a blue jacket, like a sailor's jacket, very much worn. I told the turnpike men of it, they said if he came that way they would take him. I will not swear positively to the man, one man may be like another, but to the best of my knowledge he is the man.

Grubb. He had a blue sailor's jacket on when he was taken.

Court to Boyce. Have you any doubt that he is the man? - No. It was near seven o'clock when I saw him at Battle-bridge; that is three miles on this side of Hampstead.

Mrs. Wood. I saw the things in the hands of the constable, they are all mine.

Mr. Muddock. The things that Mrs. Wood saw in my custody are the things that were taken out of the cart. There is a tea chest which has been broke open; the mark where it has been broke open, exactly corresponds with the chissel that has been produced.

BALL's DEFENCE.

There may be many tools of that size. I do not know any thing of the matter. I was going through Hampstead and this man stopped me; I was going the other way instead of coming to London.

OSBORNE's DEFENCE.

I can say nothing to it; I never was near the place; the man that has sworn to me never saw me there in his life.

HILSDON's DEFENCE.

I have people to prove where I was; I was at home all night, and was never out of my lodging.

For Hilsdon.

MARY DAVIS sworn.

I live next door to the Falcon tavern in Fetter-lane; I keep a fruiterer's and green shop. Hilsdon has lodged at my house a year and three-quarters. I always shut my shop at dark. On the 17th of December, to the best of my knowledge, Hilsdon knocked at the door, and I let him in about eight o'clock. He went up stairs; I saw no more of him till six the next night.

What time did you go to bed that night? - Eleven o'clock.

Cross Examination.

How was he dressed when you saw him at six o'clock the next night? - He came down in his great coat; he was going to order a chaldron of coals for his uncle, and staid about three-quarters of an hour.

He was taken soon after? - Yes.

What waistcoat had he on? - I cannot say; he had a great white coat on.

What was he dressed in when he was taken? - I did not observe, I was too much frightened.

Do you remember speaking to the young men that came to apprehend him? - The young woman that lives at the Falcon tavern knocked at the door, the gentlemen followed her in, and went into the back room, and began searching it; they looked in the coal-hole and up the chimney. I said they were welcome to search my box.

Did not you tell Grubb that Hilsdon and Osborne came in together both tired in the morning? - I told him no such thing.

You never told Grubb that those two prisoners came in at five in the morning? - No; I never saw Hilsdon till six in the evening.

RICHARD DAVIS sworn.

I am the husband of the last witness; the prisoner Hilsdon has lodged a year and three-quarters with me. I never heard any thing against him in my life. I always thought him an honest man till this happened.

What time do you come home at night? - About eleven o'clock; when I have done my work.

WILLIAM WALL sworn.

I have known Hilsdon ever since he was born. I know nothing about this affair. He has bore the character of a very honest man.

JOSEPH LOE sworn.

I live in Newgate-market. I have known Hilsdon from a child. I never heard any thing dishonest of him before. Osborne declared to me in the prison that Hilsdon was not along with them.

- LAY sworn.

I keep a coal wharf. Hilsdon has been my carman near twelve years; he behaved exceedingly sober, appeared to be honest and industrious; I thought him a valuable man; he was in his business the 17th of December, but was not in his business on the 18th.

To Grubb. When you went to the house of Davis, did you see Mary Davis ? - I did. I enquired what time Osborne and Hilsdon came in; and she said they came in about five in the morning, all over country dirt, and that they had been out all night. I told Mr. Chetham, the attorney, to subpoena her to prove it. She tells another tale now.

Edwards. I was there, but do not recollect the words.

M'Donald. I was with Grubb at Davis's; she said Osborne knocked at the door, and came in exactly at five, and Hilsdon came in after him.

JAMES HIDE sworn.

I was at Davis's; the woman who passes for his wife told me Hilsdon did not come in till five in the morning.

Grubb. Three went up stairs; M'Donald and I staid below and heard the conversation.

ALL THREE GUILTY Death .

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

124. MARY ROBSON was indicted for stealing a silk gown, value 7 s. and a linen shift, value 5 s. the property of Robert Fielding , December 23d .

REBECCA FIELDING sworn.

I am the wife of Robert Fielding . On the 23d of December the prisoner came to me, and asked me to give her a night's lodging; I said I would.

Did you know her before? - Yes; I had seen her several times. About six in the evening I pulled off the silk gown mentioned in the indictment, and put on another, and went to the play; when I returned I missed the gown and a shift, and the prisoner was gone. She struck the maid, and the maid went to get a warrant to take her; I went down stairs to the lady in the first floor, and told her what I had lost; she advised me to get a constable, or one of Sir John Fielding 's men, the girl, Biddy Sheridan, went and found the prisoner, and brought her back; I asked her if she knew any thing of my things; she said no; I told her if she had done any thing with them I would forgive her, and be at the expence of getting them back she said she knew nothing of them. I told her I could not afford to loose them, and sent for a constable, who took her to the Brown Bear in Bow-street. Mr. Gregory, I believe, who belongs to Bridewell, found the duplicate of the things upon her; the things were found at the pawnbroker's by the duplicate and are here.

Cross Examination.

Where do you live? - In Foster-lane.

Where did you lodge then? - At Mr. Wimbledon's in Bow-street.

Was the prisoner a servant or employed in that house? - No; I offered her a lodging.

There are many ladies in that house I believe? - Only one in the first floor, besides my sister, who is out of place, and is with me and the maid.

How many names do you go by? - Only my own name.

Did you never go by the name of Lloyd? - That was my maiden name; I have never gone by it since I was married. I have been married three years.

Upon your oath are you married? - Yes.

Where was you married? - At Rotherhithe church.

Does your husband live with you? - Yes; but is out of town at present.

Have not you employed the prisoner to pawn things for you? - Never.

Have not you had the misfortune to be taken up as a disorderly person? - Never in my life.

ANNE LLOYD sworn.

I live with my sister; I know no more than my sister has said.

Cross Examination.

Has not your sister employed the prisoner to pawn things for her? - No; she has pledged things for me when she lived with me.

What was done with the money the things were pledged for, was it not for the use of your sister? - No; the next morning she bought her a new pair of shoes and stockings.

WILLIAM MORGAN sworn.

I am apprentice to a pawnbroker. On the 23d of December between six and seven o'clock in the evening the prisoner pawned a gown and shift with me. She has often pledged things at our shop.

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

BRIDGET SHERIDAN sworn.

I am servant to Mrs. Fielding; the prisoner was at our house about a week; my mistress took her in by way of charity.

When was this? - I cannot rightly say what time it was.

To the Prosecutrix. How long was she at your house? - She asked me to give her a lodging for a night; she staid a week.

Sheridan. The prisoner got drunk and beat me; I went and got a warrant for her; while I was down stairs she went and took the gown and petticoat, and went and pawned them, I met her on the stairs.

You did not see the gown and shift in her hand? - No; I went after her with a constable to take her for an assault; she came back with new shoes and stockings, and a lap full of mutton chops.

Cross Examination.

What became of the mutton chops; they were for your mistress's supper were they not? - No; my mistress was not within.

Did you ever know her pawn any thing for your mistress before? - No.

PRISONER's DEFENCE.

I have lived with Mrs. Lloyd, off and on, sixteen years; I could not get any wages of her but six shillings. I went to Mrs. Fielding's to enquire after her; Mrs. Feilding said she was not there. I said I knew she was for I heard her voice. She then came out; I told her I was in danger of being taken up for things I had pawned for her out of her ready furnished lodging, and that I had no lodging; she said they could not hurt her as they turned her out. Mrs. Fielding said I might stay there; I asked Mrs. Lloyd to give me some shoes, she said I might take some of her sister's things, and say nothing to her; she would fetch them out without telling her of it. The maid and I had a quarrel, and she told her mistress I had taken the things; Mrs. Fielding said if I would give her sister a receipt in full she would not hurt me.

NOT GUILTY .

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

125. THOMAS CURTIS was indicted for burglariously breaking and entering the dwelling-house of Thomas Carter , on the 11th of January , about the hour of four in the night, and stealing an iron shovel, value 1 s. the property of the said Thomas, and a woollen cloth coat, value 4 s. the property of Edward Hackney , in the dwelling-house of the said Thomas Carter .

THOMAS CARTER sworn.

I live in Piccadilly. I lost an iron shovel; I do not know any thing of it myself: it was lost on Monday morning.

JOHN WOOD sworn.

I work for Mr. Carter, who is a stonemason . Last Saturday night I carried down two brooms, a shovel, and a basket; I put them in a place underneath the dwelling house of Mr. Carter, called the tackle-house.

Is it a part of the house? - We go through it into the house; there is a way out of the house into it, and a way out of the street into it; it is directly under the door-way that goes into the dwelling-house. I put them there between five and six o'clock at night.

Was the way out of the street into that place fastened? - I cannot say. I was informed on Monday that there had been a man in the house; I went down stairs, got a candle, and went into the tackle-house; I found the door open that goes into it, which I had fastened on Saturday night. I missed this shovel, the first thing. One of the men went after the prisoner and took him.

Are you sure the place where the shovel was fastened up on Saturday night? - I am certain it was.

Has it a communication with the dwelling-house, is there a door out of the dwelling-house into it? - No.

I thought you said there was? - No, there is no door out of the house into it.

JOHN BLOWER sworn.

I am apprentice to Mr. Carter. On Monday morning I saw the prisoner in the carpenter's shop behind the house; my master keeps a carpenter. I saw him under a banker, which is a bench the masons work on; I asked him how he came there, he said he came down the area, and had been there ever since ten o'clock on Saturday night; that he had been asleep there.

Did you see any thing of the shovel? - No. He had a great coat on when I saw him.

EDWARD HACKNEY sworn.

On Monday morning about eight o'clock I took my coat off the prisoner's back; I left it in the mason's shop on Sunday in the afternoon.

PATRICK ROCK sworn.

I live with Mr. Carter. I believe this shovel to be Mr. Carter's; it has J. C. upon it, I heard the prisoner had been there and had taken away the shovel. I had a guess whereabout he lived; I went after him and found him in an ale-house; I got the patrole to go with me to take him. When we came to the publick-house, I asked him about the shovel; he said nothing, but cried. The landlord said he had a shovel when he came in.

JOHN DICKEY sworn.

I am a publican. The prisoner came to my house on Monday morning with a shovel, and had a pennyworth of purl; soon after Rock came, and said he had lost a shovel; I told him that the prisoner came in with a shovel in his hand. He had thrown it under the bench; I picked it up.

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

PRISONER's DEFENCE.

I had been out of work six weeks and was quite destitute.

Mr. Carter. He worked for me in the summer; he left me about three months and a half ago.

NOT GUILTY of the Burglary, but GUILTY of stealing the goods to the value of 10 d.

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

[Whipping. See summary.]

126. ANNE ATHILL was indicted for burglariously breaking and entering the dwelling-house of John Allen , on the 6th of January , about the hour of ten in the night, and stealing three child's damask clouts, value 1 s. a child's linen gown, value 2 d. six mahogany chairs, value 12 s. six delf plates, value 6 d. a box card table, value 3 s. a mahogany tea-table, value 2 s. twelve yards of stuff damask, value 2 s. a large pier glass, value 12 s. a dressing glass in a mahogany swing frame, value 3 s. a japan plate warmer, value 1 s. and two mahogany bottle stands, value 1 s. the property of the said John Allen , in his dwelling-house .

JOHN ALLEN sworn.

I have a house at Kingsland ; I had been ill in town two months before I was informed that my house was broke open, which was on the 7th of January; I left my family there when I came away.

ANNE ALLEN sworn.

I am the wife of John Allen , my husband rents a house at Kingsland; I left the house with my family on the 24th of December.

Who came away with you? - My daughter and four other small children; I sent the four small children to town first, my daughter and I left the house about four o'clock; when we left the house, the doors and windows were all as secure as they possibly could be made; the windows were secured with iron bars, and had iron plates on the inside of the shutters. I heard it was broke open on the 7th of January. I sent my daughter to the house on the 4th, when she returned she said that every thing was safe. I went down on the 7th, and found the shutters of the window that looks into the garden broke all to pieces, both inside and out; the iron bar that fastens the window was broke. I missed all the things mentioned in the indictment (repeating them) they were all safe when I left the house on the 24th of December. I was informed a woman was stopped with some of our chairs upon her. I saw the prisoner at a publick-house in Shoreditch, and went with her before Justice Wilmot.

DOROTHY ALLEN sworn.

I am daughter to Mr. Allen. I left the house with my mother, on the 24th of December; I fastened the windows about four o'clock in the afternoon; the windows and doors were all safe when we came away; I went down on the 4th of January about twelve o'clock, every thing was then safe, the things mentioned in the indictment were all there. I did not go down on the 7th when we heard it was broke open.

ELIZABETH TURNER sworn.

I keep a chandler's-shop at Kingstand, rather more than a hundred yards, from the prosecutor's house; as they dealt with me and the house had been broken open twice before, I made it my business to go now and then and look at the house. I went and looked at the house on the 6th of January, between four and five o'clock, all the doors and windows appeared then to be fast.

Could you see the window that looks into the garden? - No, I could not, because the garden gate was shut. Between three and four o'clock, on that day I had seen the prisoner and two other women go by; I looked after them and saw them take particular notice of this house. About half after seven o'clock in the morning of the 7th, as I was opening my shop, I saw a man and woman coming with some goods about a hundred yards off; presently after I saw the prisoner come by with two chairs; when I had fastened my shutters back, I walked down to Mr. Allen's house and met the prisoner coming out of the gate with two chairs; I let her pass me, and then went into a field and round to the back door and found it was fast, I got over a ditch and pushed the gate that goes into the yard, and found it was broke open, the back window was broke all to pieces, and the iron plate bent; I immediately followed the prisoner; and between my house and the gentleman's which was broke open, I met a man, and asked him to assist me to take a person that had broke a house open; he went on before and took her on the other side of Shoreditch turnpike, and stopped her till I came up; when I came up to them she had one of the chairs upon her head, and the man had the other; she asked me if they were mine; I said no, but I would keep her in custody till I sent for the gentleman whose house they had been taken from.

SAMUEL POTTS sworn.

I am a labouring man. I was going by Mr. Allen's house at Kingstand when Mrs. Turner overtook me, and desired me to go forward to take some people who had broke a house open. She was so frightened she could hardly tell me about it. I made all the haste I could, and just on the other side of the turnpike I saw the prisoner with two mahogany chairs.

How far is Mr. Allen's house from the turnpike? - About a mile and a quarter. I stopped the prisoner.

SAMUEL HARPER sworn.

I am a headborough in Shoreditch. I took charge of the prisoner; as I was taking her to prison; she told me she must do that as she had so many to support.

She did not explain herself? - No; had I seen her with the chairs, without an information, I should have stopped her, I knew her so well.

Mr. Allen. The other chairs were found in her lodging, and some linen, and a bunch of keys found hid up the chimney.

PRISONER's DEFENCE.

I live with my sister; she told me she had bought half a dozen of mahogany chairs, and asked me to go and help her home with them; accordingly I went that morning to the Fox at Kingsland, and she brought two chairs to me.

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

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

[Branding. See summary.]

127, 128. WILLIAM BINNS and WILLIAM BIRD were indicted, for that they in the King's highway in and upon Anne the wife of John Hanams did make an assault, putting her in corporal fear and danger of her life, and stealing seven linen shirts, value 7 l. six linen sheets, value 40 s. and a linen table cloth, value 5 s. the property of the said John, from the person of the said Anne , December 8th .

ANNE HANAMS sworn.

I am the wife of John Hanams .

Was you robbed by any person? - Yes; in Houndsditch , I forget the day of the month; they were committed the day before Christmas-day. I was attacked by one of the prisoners, John Bird , who knocked me down.

Did he say any thing to you? - An ugly word as he knocked me down, but I cannot account for the word; as soon as I was down another person, before I could recover myself, took my bundle, and ran away.

You do not know who the other was? - No; I do not.

Did you at any time recover the bundle again, or any thing in the bundle? - Never; there were seven shirts, three pair of sheets, and one table cloth. The shirts did not cost less than twenty shillings a piece.

What was the value all together? - I cannot account.

Were they worth seven pounds? - Yes, all together they were. I cried out stop thief! one Levi Moses came to me, and asked me what was the matter; I told him one person had knocked me down, and another had run away with my bundle.

Are you positive as to the person of Bird? - Yes. When he turned to run after the man with the bundle I had so great a sight of him I am sure he is the person; all but swearing to his face, that I cannot, because it was dark.

LEVI MOSES sworn.

As I was coming from Houndsditch to Woolpack-alley, I saw the two prisoners, and two others together. I turned the corner, and when I was got about seven houses up, I heard an out-cry of a woman, O Lord God I was robbed! I immediately went to her, and said, good woman what have they done to you? She said, I was knocked down and robbed of a bundle of clothes. I said come with me, I will go and see if I can find some of these chaps about this place; which way did they run? She showed me the way towards Gravel-lane. I took the woman with me, and told her I would take her to a house of safety while I went to see after the people. I met Isaac Sakey ; he said to me, if you had come a little sooner we should have had the people that robbed this woman; says I, how do you know? He said I saw the whole transaction, I know them all. I said, who are they? He mentioned two of their names to me; the next morning I took Binns, and another man took the other. I said to Binns you are my prisoner; he said for what? I said for a robbery done last night. Said he, robbery last night! I can prove I was at the Fourteen Stars in Rosemary-lane from nine in the morning till eight at night. I told him I must take him. He used to go by the name of Fisher.

To the prosecutrix. What time was you robbed? - About six o'clock, or half after, it might not be quite so much.

ISAAC SAKEY sworn.

On the 8th of last month, about twenty minutes or half after six, I was going to the lottery-office; I saw the two prisoners and two others in company together; as I was coming back I met the prosecutrix going towards Bishopsgate-street with a bundle upon her head; they made up to the woman.

Did you see them make up to the woman? - Yes; Bird knocked the woman down. I cannot say whether he struck her over the head, or over the shoulder, or over the back, I was so terrified.

Was the other man with him? - They were in company together.

Had you known them before by sight? - Yes.

Are you sure the prisoners were the men? - Yes. I made up as quick as I could to an officer, Levi Moses , and told him the affair; and said, if you had been with me a little sooner we might have apprehended them all.

Did you tell him who the men were? - Yes.

You knew them by name as well as sight? - I did; and they were apprehended. Bird, when he had knocked her down, ran across the way; the other three went to the bundle, and two of them ran away with it. Binns was not one of the two that ran away with it.

BINN's DEFENCE.

Moses came to me the next morning, and said, Binns, I take you on suspicion of your robbing a woman; he took me to the Compter. I have witnesses that I was with from eight in the morning till eight at night on that day.

For Binns.

ROBERT RICH sworn.

I have known Fisher from an infant; I took him out of the street as an offspring; I made him an apprentice to Mr. Bunn, a chimney-sweeper; his master said he was a true and trusty servant, and that he could not do without him.

Was you in company with Binns on the 8th of December? - I cannot say with regard to the night; he was with me at dinner; I cannot speak as to the day, I am no scholar, I believe it was the day he was charged with that affair. I believe he might stay with me till about four or five or six o'clock at night; I cannot say as to an hour or two.

Where were you together? - In my own shop. I met him promiscuously at the door; I took him home and put him at the feet of my own bed.

Bird said nothing in his defence.

BOTH GUILTY Death .

Tried by the London Jury, before Mr. Justice ASHHURST.

129. PHILIP SHERWIN was indicted for a rape on the body of Mary Sherwin , spinster , September the 7th .

JAMES NOAKES sworn.

I am vestry clerk of the parish of St. Sepulchre. On the 19th of October, the master of the work-house informed me that Mary Sherwin , a person in the work-house, had been ill used. I thought then it had been a grown person, and therefore did not take much notice of it till the next morning, then I sent a person to the work-house to bring her to me that I might examine her and see if there was any ground for the charge. She appeared to be a child of ten years of age.

What appearances were there upon the child? - When the child came to my house I asked her where she had been, she said her father called for her the last day of Bartholomew Fair. The doctor can say more of the appearances than I can.

ELIZABETH HOOTON sworn.

On the 11th of September as I was shifting Mary Sherwin , I thought there was something not proper on her linen; I went and showed it to the mistress of the work-house, and then went to Mr. Oldroyd and he examined her, and said she was foul.

Mr. CHARLES OLDROYD sworn.

I am a surgeon. Mary Sherwin was brought to me on the 12th or 13th of October and I examined her; I found her body had been entered, and there were appearances which gave me reason to suspect she had the venereal disease upon her.

Did there appear to have been a recent injury? - No; by no means. I had reason to suspect she had the venereal disease upon her, and treated her accordingly. In about five or six weeks she was well. It is my opinion that she had the venereal disease.

You are certain the body had been entered? - Yes; the hymen was broke, and there was an inflammation and other appearances of her having been entered.

If such an injury as that had been recently committed on such a girl as that, must it not have appeared? - Yes; it had been done some time; the inflammation had subsided.

MARY SHERWIN .

How old are you? - Ten.

Do you know how to read or write? - I do not; I read in my spelling-book.

Have you learned your catechism? - I never said it to my mother; I said it at school.

If you was to tell a lie after you was sworn what would become of you? - I should go to hell.

Court. Be very careful what you say; nothing can happen to you if you tell the truth.

She is sworn.

Where do you live? - At the workhouse.

Who is your father? - Mr. Sherwin.

Is your father here? - When I was at Mr. Noakes's I saw him there.

Look and see if you see him here? - Yes.

Where is he? - There (pointing at him.)

Have you been under any doctor's care? - Yes.

What is his name? - I do not know his name; he gave me pills.

You had a disorder he gave you pills for? - Yes.

How did you come by that disorder; had any body played any tricks with you? - Only my daddy; my daddy, put his hand up my coats.

Did he do any thing more? - Yes; he put his cock up into my body.

Did he give you a great deal of pain? - Yes.

Did you cry out? - Yes.

Where was this done? - In his lodging.

What time a day was it? - In the middle of the day.

Was there any body in the house besides your father and you at the time? - No.

Did you endeavour to hinder your father's doing it? - I said I would tell my mistress; he said if I did he would never come and see me any more.

When he began to do it did you cry out and tell him not to do it? - Yes.

What was you on when he did it? - I had the head-ach, and he put me on the bed to ease me. I was fast asleep when he did it.

Did you wake with the pain of it? - Yes.

You waked before it was over? - No.

If you were asleep how do you know what he did; were you asleep when he did it? - I felt something lean upon me that waked me.

What was he about when you waked? - He was doing that which I told you.

Did he give you a great deal of pain? - Yes.

Did any thing come from him? - Yes.

Did you tell this story to any body? - No.

Did you mention it to any body till October? - I did not tell any body of it at all.

Who did you ever tell of it? - When it was found out I told my mistress of it, Mrs. Jarvis.

Did you tell her all you have told me now that you felt somebody upon you? - I told that to my master.

Did not you tell Mrs. Jarvis that? - No; I was afraid she would lick me if I told her.

Prisoner. Who has told you to say so.

Court. Has any body told you to say this of your father? - No.

Did any body ever tell you to tell this story of your father? - No; indeed he did do it.

To Noakes. Did the girl ever tell you any thing? - She did; more explicit than she has now; she told me her father came to the work-house the last day of Bartholomew fair, and took her to the fair and gave her some plumbs; that he gave her a ride round the fair in a coach; that he then asked her to go with him to his lodging to drink tea that she went with him to his lodging, which she said was in Bunhill-row ; that they had some tea; that her head ached, and he laid her down on the bed; that she went to sleep; that when she waked, she found his hand up her petticoats; that she got off the bed, and said she would tell her mistress; that he took her in his arms and threw her down on the bed and put his cock into her body; she said it hurt her very much; that she was very wet, and wiped it with her shift; that when he had done that, he told her if ever she told any body of it he would never come and see her any more. I asked her who brought her home; she said her daddy; I said did you tell your mistress; she said no; that he threatened her, and said he would never come to see her any more if she did.

JANE WHITE sworn.

I belong to the work-house.

Did this girl ever complain to you of any injury done to her by her father? - She always said it was her father; she was brought into my room to be examined by the doctor. I laid her down on my table and saw she was very soul, and so did the doctor.

Did she say any thing to you? - Not to me.

ELIZABETH HOOTON again.

Has this girl ever told you any thing of what was done to her by her father? - No; she never said a word to me in the world about it till she was at Mr. Noakes's, then she explained it to him.

- JARVIS sworn.

I heard the girl was foul. I went up into the nurse's room, and asked her how she came so; she told me first that a boy had been concerned with her; I said I did not believe that, and bid her tell me the truth; then she said her father had; that he took her out to Bartholomew fair; took her to a house in Bunhill-row; that she had the head-ach and lay on the bed, and that he ravished her.

Did she say that he did it while she was asleep? - She said she was asleep and that he put his hands up her coats and waked her, just as she told Mr. Noakes.

To the Girl. How came you to say a boy was concerned with you? - The boy did it after my daddy did it.

How long after was it that the boy did it? - A good while after.

How soon after it was done did you feel yourself ill? - I felt a pain about me soon after.

Hooton. I washed her linen; it was stained very bad.

How long after Bartholomew fair? - Not above a week after.

To the Girl. Where does this boy belong to that you said did it? - He is in the work-house.

How old is he? -

Jarvis. She has no idea of age; one of the boys is about twelve, the other thirteen.

PRISONER's DEFENCE.

A woman came to me while I worked in Bunhill-row (I worked there two days and a half) she came to me on the Saturday afternoon and said the child was not well; she believed she was fretted at not going to Bartholomew fair; I went on Monday and took her to Clothfair, to an acquaintance; we staid there a while for the rain, and then I took her and the gentlewoman's child to the fair and gave them a ride round in a coach; I took her afterwards to Bunhill-row, and left her in the room while I went to the Sheers to drink. I had no bed in the room; a gentlewoman who is here was in the room all the time.

For the Prisoner.

FRANCES MITCHEL sworn.

I know the prisoner; I saw him the last day of Bartholomew fair at the Hand and Sheers.

Who was with him? - Nobody but the people of the house; he said his daughter was gone home with the nurse; if I had come a little sooner I should have seen her.

Did the prisoner lodge at your house? - Yes; pretty near a twelvemonth.

What was his behaviour? - Very civil as far as I saw. I never saw the child.

Who washed his linen? - I did.

Did you see any marks upon it about the time of Bartholomew fair? - I employ a washerwoman; I saw nothing of it.

Had you any reason to believe he had the foul disorder while he was at your house? - Not to my knowledge.

When did he leave your house? - The Thursday after Bartholomew fair.

Jury to the surgeon. Whether it is possible for a man who has not the foul disorder to give it to a child of that age? - It is not; there may be such appearances, where it is not really that disease. My only reason for believing it to be that disorder is its giving way to the usual medicines on that occasion.

Jury to Hooton. You said the stain on her linen was very bad; what do you mean by that? What sort of stain was it? - It was of a white colour.

Did you find any other stain on the linen before that? - No.

Court. Did you never find any blood? - No.

Surgeon. The appearance she has described is usual in the venereal.

If such a child's body is entered, it must be by a great deal of force and violence? - Yes.

Would not that occasion a great discharge of blood? - Certainly; but it was five weeks after the time that I examined her. There could be no appearance of it then.

Jury. Whether the effect is the same with a child as it would be with a woman after she comes to have her proper courses? - Undoubtly so.

Then there must be blood? - Yes.

MARY PITTSALL sworn.

I saw the prisoner on the Monday of Bartholomew fair. He came to my house with his daughter about two o'clock, or rather before, and took my little boy and his own girl into the fair; he brought him back about four o'clock. When he came back, he left his girl with me till about seven o'clock in the evening; then he came, and took her home to the work-house.

Did she say she had been used ill? - No; nor did I see any thing the matter with her.

Did she seem flurried? - No.

Jarvis. They came home to the workhouse about seven o'clock.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

130. WILLIAM ELLIS was indicted for stealing two pieces of stuff, containing fifty yards, value 3 l. the property of Thomas Catlin , December 29th .

THOMAS CATLIN sworn.

I am a hot-presser , and live in Steward-street, Old Artillery-ground; I keep a town cart. On the 29th of December, in the evening, my cart was broke open and robbed.

JOHN ABBOT sworn.

I am servant to Mr. Catlin. On the 29th of December, I was driving my master's cart home; in Bishopsgate-street I perceived some people behind the cart. I have a seat in the front; I got down, and saw the prisoner with two pieces of stuff he had taken out of my master's cart; it is a covered cart, and locked behind; he had got the cart open; the cart was going along. I made a blow at him with my whip; he threw them down in the kennel, and ran away; there were three of them. I pursued the prisoner, and never lost sight of him till I took him.

WILLIAM ASHTON sworn.

I was in the cart at the furthermost end. I perceived a man come and open the door, whom I believe to be the prisoner; it was dark; cannot swear to him. I jumped out of the cart; the two pieces were dropped; I took them up. Abbot pursued him, and took him.

WILLIAM HAMAN sworn.

I keep a publick-house. About half after five in the evening, going across the way, the prisoner ran against me, and threw me down; just as I got up, there was a cry of stop thief! the prisoner laid hold of me, and said I was the thief; the man came up, and we were both taken to the Compter.

PRISONER's DEFENCE.

I heard the cry of stop thief! I laid hold of the last witness; he was the first man I came up to; the people said they did not know who was the man; it was so dark they could not see.

For the Prisoner.

WILLIAM DURAND sworn.

I am a weaver. I have known the prisoner about four years; he is a plumber , was I possessed of ever so much, I should not be afraid to trust him.

SAMUEL DURAND sworn.

I am a silk-weaver. I have known him four years; I never knew any harm of him; I do not believe he is guilty of this fact.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

131. WILLIAM WELLS was indicted for stealing a half crown and two six-pences in monies, numbered , the property of William Hardy , January 2d .

WILLIAM HARDY sworn.

I am a corn chandler in Haddle-street ; the prisoner has lived servant with me eight or nine years; I suspected that for some time past he had robbed me. On the 1st of January I desired two of my neighbours, Mr. Bailey and Mr. Ward, to mark some money, and send it for goods to my shop in the morning. I counted the money in the till before I went to bed. In the morning I staid up stairs till after breakfast to give them an opportunity to come; when I came down I counted the money, and found there was only six-pence farthing more in the till than there was over night. I then went to Mr. Bailey to know if he had sent; he said he had sent his boy with a marked shilling to lay out eight-pence halfpenny. I then went to Mr. Ward, he had not sent; he said if I would go home and send my wife up stairs out of the shop, he would send his man with some marked money I did, and then returned to Mr. Ward's, and he sent his man, whose name is Dunbar, for some beans; Dunbar came back, and said the prisoner served him, and took the money; on which I went home, and looked in the till, and found the money was not put in the till.

GEORGE BAILEY sworn.

On the 1st of January, about nine in the evening, I marked a shilling at the request of the prosecutor, and gave it to my wife to send for something from the prosecutor's shop in the morning. I saw the same shilling taken from the prisoner in Mr. Hardy's counting-house; he said he had it in his pocket three or four days.

ELIZABETH BAILEY sworn.

I am the wife of George Bailey ; my husband gave me a shilling to send to Mr. Hardy's I sent it by the boy for two quarts of split peas, and a quart of oatmeal.

RICHARD COOK sworn.

I am an apprentice to Mr. Bailey. I went to Mr. Hardy's for two quarts of split peas, and a quart of oatmeal. I gave the shilling to the prisoner, which I received of my mistress. I did not take notice of it.

Cross Examination.

What o'clock was it when you went? - Between eight and nine.

Do you remember any body else coming into the shop at the time? - No.

What the prisoner did with the money you do not know? - No.

How long after you went was it that he was taken up? - About three hours, I believe.

JAMES DUNBAR sworn.

I marked half a crown, a shilling, and six-pence in the presence of Mr. Hardy, and took them immediately to Mr. Hardy's shop for half a bushel of beans, and paid the prisoner four shillings.

Did you see what he did with the money? - No. He had it in his hand, and went behind the compter towards the till. I did not see them taken from the prisoner; I was sent for while they were searching him.

Hardy. When I found the money was not in the till, I went for a constable to take him. I saw the money taken from him by the constable.

ROBERT WILTON , sworn.

On the 2d of January I was sent for; I searched the prisoner; I found upon him fourteen shillings in silver, a half guinea, and ten-pence three farthings in half-pence, the marked money was among it.

(The money was produced in court and deposed to by Bailey and Dunbar.)

PRISONER's DEFENCE.

Mr. Bailey's boy came for two quarts of split peas, and a quart of oatmeal; another man came in at the same time for a peck of beans; they each of them brought a shilling; the man for the beans wanted a six-pence in change; there was none in the till; I took two sixpences out of my pocket, and put in the shilling I received of Mr. Bailey's boy for the sixpences; I gave the man, one sixpence, and put the other in the till. Ward's man came in for half a bushel of beans, he gave me the four shillings into my hand; the mill was grinding below stairs; I ran down with the money in my hand to supply it with corn; when I was below I put the money in my pocket, intending to put it in the till when I came up.

For the Prisoner.

JAMES HEELING , sworn.

I keep a publick-house in Holborn; the prisoner has rented a house of me two years, he has a wife and one child, he paid me very honestly.

LUKE LANGDAN , sworn.

I am a master butcher. I have known the prisoner about two years, he is an honest man; he always paid me to the very farthing; if he had wanted credit I would have given it him.

Court. Would you give him any credit now? - I would.

RHEUBEN CHINNER, sworn.

I am a perriwig maker. I have known the prisoner seven years, he is a very honest man.

WILLIAM EDIS , sworn.

I am a baker. I have known the prisoner three years, he is a very sober honest man as far as I know; he dealt with me three years, he always paid me honestly for what he had.

GUILTY N. 3 Years .

Tried by the London Jury before Mr. COMMON SERJEANT.

132. BARTHOLOMEW DE DOMINICETI was indicted for that he feloniously did falsely make, forge, and counterfeit, and cause and procure to be falsely made forged and counterfeited, and willingly act and assist in the false making, forging, and counterfeiting, a certain promissory note for the payment of money, bearing date the 1st day of January, in the year of our Lord 1777, with the name of Barthw. De Dominiceti signed thereto, and purporting to be the promissory note of the said Barthw. De Dominiceti for the payment of 20 l. six months after the date thereof, to Michel Parys , by the name and description of Michel Parys , or order, for value received by him the said Barthw. De Dominiceti. which said false, forged, and counterfeited promissory note for the payment of money is as followeth, that is to say,

Six months after date I promise to pay to Michael Paris , or order, twenty pounds, value received by me Barthw. De Dominiceti.

£20.

At Messrs. Stevenson and Gentel, Size Lane, with intention to defraud Antonio Ramponi against the form of the statute, &c. February 9th .

2d Count. For uttering and publishing the said note. with the like intention.

3d Count. For altering the principal sum of a promissory note from 16 l. to 20 l. with the like intention.

4th Count. For uttering and publishing the said note so altered with the like intention.

5th Count. For forging a receipt and acquittance for 20 l. with the like intention.

6th Count. For uttering and publishing the said receipt and acquittance, with the like intention.

7th, 8th, 9th and 10th Counts. The same as the 5th and 6th, only describing the receipt and acquittance in different ways.

MICHAEL PARYS , sworn.

You are acquainted with Dr . Dominiceti? - Yes.

Did you in January 1777, receive a promissory note of him? - I received a note, I cannot say what time it was.

Should you know the note again? - Yes; I indorsed it; (the note shown him) that is the note.

What sum was it for when you received it? - 16 l.

Did you receive any other money from him at that time? - Yes; I think 8 l. 14 s. 6 d.

You paid that note over to somebody else? - I paid it over to Mr. Vickers, it was paid to me in discharge of a book debt due at Bath from Joseph Forman to John Harris .

Ramponi had nothing to do with it? - He had nothing to do with it in my opinion.

Court. How came Dominiceti to pay you a debt due from Forman to Harris? - I was in some particular circumstances; I went to France; when I returned Forman, who was my servant, had entered into partnership with Ramponi; he had these things of Mr. Harris my brother at Bath. I found he had got in debt, and told him he must get out of it as well as he could; he said Mr. Dominiceti would see him out, and he brought Dominiceti with him to my house and he gave me this note; Dominiceti said I am always doing good; I must get these poor devils out as well as I can; he gave me this note for six months and the rest in cash.

Did you give a receipt at that time? - I signed that receipt; the doctor dictated it, my wife wrote it, and I signed it.

Cross Examination.

Your servant Forman and Ramponi, as you understood from Forman, entered into partnership together? - Yes.

In the course of that business your brother-in-law at Bath furnished some goods only on the account of Forman, to the amount of twenty-four pounds fourteen shillings and six-pence? - Yes.

This was for Birmingham ware? - Yes.

Upon this Forman and Ramponi disagreeing they dissolved the partnership? - Yes.

When the partnership was dissolved you wanted to have the twenty-four pounds fourteen shillings and six-pence, and Dominiceti came with Forman and paid you in this way? - Yes; that was the very way of it.

(Shown the bill of parcels.) That is the bill of parcels? - Yes.

You wrote that receipt by the direction of Dominiceti? - My wife did.

Here is a letter I see directed to Forman, desiring the money? - Yes.

According to the purport of this transaction, this twenty-four pounds fourteen shillings and sixpence was paid for the honour and credit of Antonio Ramponi ? - Yes.

The note which is now shown you purporting to be a note of twenty pounds was the very note of sixteen pounds? - Yes.

When did you first see this note after it was altered? - I think I have seen it two or three times; the last time I saw it was within these few days.

When was the first time; I should like to lead you right; perhaps it may be two months ago? - I cannot say. I have a great deal of business.

Was it less than three months ago? - Give me leave to recollect myself, because I would tell you to an hour if I could (recollects.) Yes, it was less than three months ago.

Was that since October? - If my memory is not treacherous, I have seen it three times, perhaps the first may be longer ago than October. I saw it in no other hands but the hands of the attorney.

Counsel for the Prosecutor.

When did you first hear of the design to prosecute Dominiceti? - I cannot say.

Is it more than three months ago? - It is a twelvemonth ago since they talked of it.

THOMAS VICKERS sworn.

(The note shown him.) Is that your hand writing? - Yes.

How much did you receive on that note? - I received sixteen pounds from a merchant in Size lane, Stevenson and Gentel.

The note came to you with the indorsement of Paris? - Yes.

Counsel for the prisoner.

There is no doubt but it is a sixteen pound note altered to a twenty pound. By whom is the question.

JOHN HENRY GENTEL sworn.

You are in partnership with Mr. Stevenson? - I was.

Do you live in Size-lane? - Yes.

You had a note of Dominiceti, the cash of which was received at your house? - Yes.

You was the person that returned the note? - Yes; I returned it to Mr. Dominiceti.

Was it delivered to Mr. Dominiceti in the state it came to you as a sixteen pound note? - Yes.

JOHN DODSWORTH sworn.

(The note shown him.) Do you know that note? - I do.

Do you know whether that note was produced to Antonio Ramponi , or in any account with Antonio Ramponi by Dominiceti the prisoner? - Yes.

Inform the court in what way it was produced to him? - I was charged by Dr. Dominiceti to draw an account between Ramponi and him for all the transactions which passed between them in former times, through the instruction of Dr. Dominiceti, as Ramponi had kept no account at all relative to the business that passed between them, but relied on what Dr. Dominiceti had proposed to him, of his keeping an exact account of all the money that Ramponi lodged in his hands to discharge his debts; at last with a deal of difficulty I drew the account current, and it appeared.

(A paper shown him.) Is that the original account under the instruction of Dominiceti? - The account was drawn, and this is the account of it. I called at Dr. Dominiceti's house at Chelsea.

After you had drawn the account? - After I had drawn the account for him, by the appointment of Dominiceti, I called at his house at Chelsea, to see if there was any difficulty on either side; when it was on both sides approved of, I brought it to Dominiceti ready to be cast up; it was agreed to on both sides.

It was not cast up then? - It was not; I brought it to be cast up, and accordingly it was cast up in the doctor's presence; but Ramponi went out before it was cast up. At the time Dr. Dominiceti was going to sign it and had the pen in his hand, he said to me Dodsworth stay. I recollect to have a note which I paid to Mr. Paris for Ramponi, and accordingly the note was produced to me, and he desired me to charge it to his account against Antonio Ramponi .

You say he produced the note; look at that note? - This is the very note.

He desired you to charge it to Ramponi? - And I did so.

When it was given you to charge to Ramponi, was it in the state it is now? - It was in the state it is now except those two wafers.

At that time was Ramponi in the room of gone? - He was out of the room.

Who was in the room with you at that time? - None but the doctor and I.

Where was the doctor's son, the young doctor? - He was in town; I believe in Panton-square.

Was he in the room? - He was not.

Where was Ramponi; was he gone? - No; to the best of my knowledge he was in the doctor's house.

At what time, and in what manner was it afterwards discovered, that that note was in the state it is now a 20 l. note? - After that note was inserted the account was cast up.

Court. The sum total as it stood before was cast up, and the prisoner was going to sign it? - Yes.

Then it was added to the other total? - Yes. Then Ramponi was called into the room, and the doctor informed Ramponi, that the account current was ready to be signed. Ramponi was going to sign the account; but observed to the doctor that he had charged him with this 20 l. note, which he should not have done. The doctor asked him the reason; he said, doctor you are to recollect that I paid into your hands the sum of 30 l. 12 s. 11 d. the amount of Mr. Van Dutchet's bill, not only to discharge the note, but to discharge the whole bill of Mr. Paris; there was some altercation upon the occasion, when the doctor said, I must have laid out that money for you for some other purposes.

What did Ramponi say when the doctor said he had laid out that money for some other purposes? - Ramponi said, very well, sir. I said, will it not be better doctor to put this among the other charges? because there were some passages in the account current they did not approve of, and a memorandum was made of it to be settled another time.

Court. There were some charges not liquidated then? - There was some charges in the account current that were disputed, and were to be settled at another time, which memorandum was signed by Dr. Dominiceti; this was added to the memorandum.

Read from that memorandum in English what relates to this charge; I see the memorandum is in Italian.

(Reads.) The following articles to be considered, repeated, and for the discussion and effectuation of them, the parties are ready to refer themselves to two common friends, a satisfaction relating to two promissory notes of Mr. Sackney of 20 l. each, charged to Dr. Dominiceti, to what relates to the workmanship for the opening and shutting three doors, to whatever relates to Mr. Davis the carpenter's bill, to the amount of the iron gate or door, to the amount of the bulk for emptying the necessaries, blacksmiths, colourmen, painters, slatemen, upholsterer, paper-hanging, and whatever other expences occurred to render the house in the present state, in which it was found at the time Dr. Dominiceti took possession of it; and to agree to the contents this is signed by our hands in the presence of the witness.

Is that all? - Yes.

You have not mentioned a word of this note? - It was inserted after Dr. Dominiceti's signing it.

Read what was done after that? - After this was drawn the doctor signed it; then the article relating to the 20 l. was inserted. (Reads) The surplus of the amount of the 20 l. note of Mr. Parys.

That addition finishes the memorandum? - Yes; although it was signed before that was inserted.

Read what relates to this note in English literally as it is in the memorandum. - The surplus of the amount of the 20 l. to Mr. Parys.

Cross Examination.

I think you say, during this transaction nobody was present but you three, Dr. Dominiceti, yourself, and Ramponi? - I beg your pardon, Ramponi was not present, it was only Dr. Dominiceti and I except the black servant, who went backwards and forwards.

How long after the account had been signed was this memorandum signed? - The memorandum and the account current were both signed at the same time.

Was not the doctor's son present? - No; he was not.

How came he to be a subscribing witness then? - He came between the hours of six and seven that he might sign the memorandum; we waited for him, that he might witness it.

And not the account current? - There was no witnesses to the account current.

How long after the account current was the memorandum signed? - They were both signed at the same time.

Within five minutes of one another? - Yes.

How came the young doctor to witness it if he was not there? - It was lying on the table when he came in, and he signed it; we waited for the young doctor three quarters of an hour; he was busy in town.

The sum paid for Parys was 24 l. 14 s. 6 d. whereas the sum charged in this account is only 20 l. is there any charge of the 4 l. any where? - No.

You told us just now that the doctor after the items of the account had been inserted and cast up, said to you, stay, I recollect I have a note of Ramponi? - Yes.

Did he produce the note? - Yes; he took it out of his pocket-book.

He recollected that circumstance and added that to it out of his pocket-book? - Yes.

Then it was not a dispute whether he had paid 16 l. or 20 l. or 24 l. it was agreed afterwards to set it down and see what Parys's bill came to? - There was not a word mentioned of Parys's bill.

What not a word mentioned of Parys's bill? Read the bottom of that account,

"Added to the current account to the promissory

"note paid to Mr. Parys for plated

"candlesticks, knives, &c." How came you to say there was not a word of Mr. Parys's bill mentioned? - Not with regard to the amount of the bill.

I desire to know of you whether the question between the parties was not, How much he paid to Parys? - There was nothing mentioned of it, the dispute was that the doctor should not bring him in debtor for the whole of the bill, as he had paid 30 l. 12 s. 11 d.

When Ramponi was going to sign he observed to the doctor that he should not have charged this 20 l. the doctor asked why; Ramponi said,

"Doctor, you recollect that I paid into your hands the sum of 30 l. 12 s. 11 d. the amount of Van Dutchet 's bill, not only to discharge the note, but to discharge the whole bill of Mr. Parys." The doctor said, I must have laid out that money for you for some other purposes; Ramponi said, very well, sir; then you said, it was better to put that among the other charges, to be settled another time? - Yes.

Whether there was not a doubt between the parties how much he had paid to Parys? - No.

Then how came it to be entered in the memorandum

"the surplus of the amount of the 20 l. note to Mr. Parys," how came that to be entered in that way unless there was a doubt between the parties what was paid to Parys? - There was not a doubt about the sum paid to Parys.

Did not you formerly live at Dr. Dominiceti's, in his service? - I did.

How long a time? - Almost a twelvemonth.

How came you to be dismissed from that service? - because I did not like to transact business in the way Dominiceti directed.

If so, how came you to write such strange letters (shows him a letter) is that your writing? - This is my hand writing.

Was not that wrote in answer to a letter from young Dr. Dominiceti, charging you with forgery, upon your oath? - I do not recollect to have received a letter from young Dr. Dominiceti about the forgery.

I mean a letter charging you with forgery? - I do not recollect receiving any letter from the doctor.

From the young doctor? - I do not recollect receiving a letter from him.

No; don't you beg in your letter in answer to his,

"no, never was it my intention to exculpate myself, much less to lay the crime on others; what you charge me with I tacitly confess"? - Is that the contents of my letter?

Translate it yourself. - (Reads) Much less to appropriate those faults to others, and whatever I declare myself I do rectify.

Was that in answer to any letter you received from young Dr. Dominiceti? - I do not recollect to have received any letter on the occasion.

What is your business? - A writer. I was employed three years by Mr. Martinellis, as an emanuensis, in writing the history of England.

How long have you lest that business off? - Six years.

What have you done since? - I instruct gentlemen and ladies in the languages.

You have been abroad I believe? - Yes.

Do you know Mr. Craigh? - To my mortification I do?

Why to your mortification? - Because I did not act as an honest man would have done.

Explain yourself; how long have you commenced this new trade of honesty? In what did you not act the part of an honest man? - Being with some officers, they directed me to act a part an honest man would not have done.

Counsel. Mr. Craigh is Governor Advocate at Gibraltar. How long have you acted the part of an honest man? - I have endeavoured to act the part of an honest man since that.

Pray, upon the settlement of the account, as I have it, there was due to Dr. Dominiceti on the balance 343 l. 17 s. 3 d. is that right? - Yes; it appeared so.

In order to make this balance of 343 l. there is an item I see of the difference of 4 l. in the account. I wish to know as that was the balance due to Dominiceti; what were Ramponi's circumstances at that time, was he solvent? - I think he was not.

Did not the doctor propose, if he would give him security, to take 10 s. in the pound? - He said if he could pay him the sum of 100 l. he would discharge him of the whole.

I see according as you make the account, the debtor side is 944 l. 2 s. 4 d. the creditor side is 600 l. 5 s. 3 d? - It is.

I see the first item in the account is to the amount, in sundry promissory notes paid for his honour, 1776, 1777, and 1778, 400 l. 17 s. 6 d. Had not Dr. Dominiceti been extremely a friend to Ramponi? - I do not know, Ramponi as far as I understood had paid the sums of money into his hands before he gave the notes.

How comes it to pass, if these various sums of money had been paid by Ramponi into the hands of Dr. Dominiceti, for which the doctor should be made debtor, that none of those articles are charged in the account, nor entered to be referred; how came that about? - I cannot say; I drew the account between them as far as they gave me instructions.

They signed and approved of the accounts? - Yes.

How came you to say there were sums advanced by Ramponi? - I understood Dr. Dominiceti had cash lodged in his hands before these notes were given.

This article of 20 l. for the note was inserted after the account was cast u p? - Yes.

The account was cast up on the debtor side 928 l. 2 s. 4 d? - Yes.

Then the 20 l. is added, making 944 l. 2 s. 4 d. which in fact is adding but 16 l. how is that? was that a mistake in casting up, or was it agreed that it should stand for 16 l. only? - There was no agreement made, nor nothing about 16 l. mentioned.

How came 928, and 20 added not to be 48, but 944 only?

Court. The figure appears to have been altered.

You had cast it up 928, and only added 20, instead of making 8 and 8 16, you make 8 and 8 12, you make 8 added to 0 to make exactly 4; how do you account for that?

Court. If that balance was paid, Ramponi would answer for the note at 16 l. only.

Counsel for the Prisoner.

In both the papers, the 8 is altered to 4.

I believe the way in which this balance was settled between Dr. Dominiceti and Ramponi was, Ramponi gave a note for the 43 l. and a bill of sale on his goods for the 300 l.? - He did so.

First of all, as to the note, he is in Newgate at Dr. Dominiceti's suit? - Yes.

How was the 300 l. satisfied? - By the bill of sale.

What did the sale produce? - I cannot say.

Have you never heard? - No.

How is it that you cannot recollect why you altered the figures in the accounts? - I cannot recollect indeed.

Court. It is impossible that you should not recollect; it is a strange thing; it may not happen in the whole course of a man's life? - I cannot recollect.

Counsel. It happens in truth according to the casting up, that the doctor is paid but 16 l.

Court. Look at the papers, and see if the fours in the original account have not been eights? - It appears to have been an eight.

How came you to alter the 8 and make it into a 4? - I cannot recollect.

Court. You appeared to me to be very exact in giving this whole account of the transaction. I understood you as telling the whole that passed word for word; now the particular thing in the whole account you do not recollect? - I do not recollect.

Counsel for the prosecution.

I wish to ask you a few facts. Did you make the eight into a four? - I do not collect it appears to me that I did; the circumstances I cannot bring to mind; it appears to me to be altered by my own hand.

Court. If it was altered by him, it was certainly by the direction of the parties.

Counsel for the prosecution.

To be sure. The prisoner must be acquitted.

NOT GUILTY .

Tried by the First Middlesex Jury before Lord Chief Baron SKYNNER.

133. EDWARD LOCH, otherwise LOACH , was indicted for wilful and corrupt perjury , October 16th .

Mr. LANGSTAFF sworn.

(Produced a commission of Bankruptcy against Richard Hewitt , bearing date the 22d of September, 1778.)

See if there is in the proceedings an application by one Edward Loach . - Here is an application made by Loach before the commissioners.

When is his deposition in the proceedings under the commission dated? - The 16th of October, 1778.

(The deposition was read in court.)

HENRY BODYCOAT , sworn.

I am one of the assignees under the commission.

What reason have you to suggest that the prisoner is guilty of perjury? - His own confession; it is signed by Alderman Plomer, (producing it.)

ALDERMAN PLOMER sworn.

(The confession shown him.)

Is that signature your hand writing? - Yes; it was taken before me the 19th of October, as it is dated; the prisoner swore it in my presence.

Mr. RUSSEL sworn.

I am one of the commissioners under that commission; I saw the prisoner sign that deposition; it was a voluntary confession before the alderman.

Court. The deposition before the commissioners is defaced; it appears to have been struck out.

Mr. Russel. It was fair when he made it, he signed it before me; it was left in the hands of the solicitor; it was afterwards taken out of the hands of the solicitor, and put into the hands of Mr. Langstaff.

Mr. Langstaff. It was defaced when it came into my hands.

Mr. Russel. We were informed that there were a number of persons who intended to prove debts which never existed, and that the bankrupt was at a house near Guildhall supplying them with materials to prove their debts; the first man, not being versed in the business, stumbled at the threshold, and we rejected his debt. This man, the defendant, was more hardy, he swore to a debt of 50 l. lent all in money at Mr. Hewitt's house at Edmonton; it was suggested to me that he had never seen the house. I asked him several questions about the situation of the house, whether it was in the high road or in a lane, or whether or no there was a porch before the door, with many other questions. We found he was perfectly ignorant of the house, and he was taken from the room where we sat, before Alderman Plomer, and examined on a charge of perjury; he was ordered for further examination, but when he was carried out, he desired to be had in again, and then he made a voluntary confession, that what he had sworn before the commissioners was false. He said he was employed by one Shears to prove a debt against the bankrupt, to get him through his bankruptcy as he called it, and he was to have half a guinea for it. He was asked, if he knew any false debts besides his own. He said one Arnold was supplied with a note, by the bankrupt, at a publick-house, to prove a false debt; that the note was antedated; that looking like new paper he rubbed it in his hands, and said, that would do to make it appear old. The prisoner said, that he was applied to by one Shears, to prove a debt under Hewitt's commission, in order to get Hewitt through his commission. The bankrupt, he said, did not owe him any money; he said he understood he was to receive half a guinea; that he had not received it.

Did he say, he did not know Hewitt? - I think he said he never saw him till that morning.

Mr. Langstaff. I was present before the alderman when the prisoner was examined, he said that he had no consideration for the note, nor did Hewitt owe him a single shilling.

PRISONER's DEFENCE.

I have had bills from the country before to prove, and I did not understand that I was doing a wrong thing.

For the Prisoner.

JOHN CRAMFORD sworn.

I am a hosier in High Holborn. I have known the prisoner better than nine years; he always bore a good character before this. I never heard any thing to the contrary.

GUILTY .

Tried by the London Jury before Mr. COMMON SERJEANT.

[Imprisonment. See summary.]

Judgement respited, 1.

Thomas Baker .

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

Received Sentence of Death, 7.

John Hutton , William Binns , William Bird , Pierre Masseau , Henry Ball , Thomas Osborne , and William Hilsdon .

Navigation for 3 years, 13.

Peter Airey , John Needle , otherwise Winter, William Harper , John Mays , David Denham , James Cowen , William Hunter , Thomas Mitchel , John Jones , Thomas Hurst , William Wells , Edward Loch , otherwise Loach, and John Smith .

Branded and imprisoned 1 year, 5.

Elizabeth Wright , Elizabeth Perry , Anne Lavendar , Anne Vaughan , and Jane Tomlin .

Branded and Imprisoned 3 months, 2.

Mary Morris and Margaret Hawkins .

Branded and imprisoned 6 months, 2. Hannah Wheelwright and Mary Davis .

Imprisoned 3 years, 2.

Susannah Watson and Anne Russel .

Whipped, 4.

Mary Brown , Anne Parsons , Sarah Bowen , and Thomas Curtis .

Branded, 1.

Anne Hathill .

Judgement respited, 1.

Thomas Baker .

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.