Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 30 September 2014), February 1779 (17790217).

Old Bailey Proceedings, 17th February 1779.

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Goal 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 17th of February, 1779, and the following Days;

Being the THIRD 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 III. 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 Goal Delivery for the CITY of LONDON, &c.

BEFORE the Right Honourable SAMUEL PLUMBE , LORD MAYOR of the City of London; the Honourable Sir RICHARD PERRYN , Knt. One of the Barons of his Majesty's Court of Exchequer; The Honourable FRANCIS BULLER , Esq. 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.

Thomas Downs ,

Ippediah Vincent,

George Young ,

William Crouch ,

John Harper ,

Samuel Clare ,

John William Cullibin ,

Edward Lloyd ,

William Norris ,

William Sibbald ,

Thomas Pearson ,

William Lambkin .

First Middlesex Jury.

Joseph Christian ,

Benjamin Kennett ,

Joseph Burnthwaite ,

John Bird ,

James Green ,

William Barker ,

Benjamin Collett ,

William Lay ,

John Montgomery ,

Edward Wright ,

John Fosticks ,

Samuel Bradbury .

Second Middlesex Jury.

Richard Glanville ,

Joseph Marshall ,

Thomas Simmons ,

Henry Felts ,

John Pennington ,

Francis Tremlett ,

William Baxter ,

James Talboys ,

Blacket Bulmer,

Thomas Ford ,

William Evance ,

Jonathan White .

134. WILLIAM CLARK was indicted for stealing 33 pound weight of fat, value 11 s. and two pound weight of saltpetre, value 18 d. the property of William Keeling , February, 5th .

WILLIAM KEELING , sworn.

I am a butcher at Twickenham . The prisoner was my servant ; he concealed some fat and salt petre; I watched him; he moved it out of his chamber and put it into some oats in the next chamber; it was sewed up in a basket, and covered it with a sack. The chamber is in my house; he then locked it up in a leather trunk. I carried him before a justice, he there confessed that the fat and saltpetre were mine; that he took it with an intent to sell it.

Was the confession reduced into writing? - No.

Were there any promises made to him? - No.

Nor threatenings made use of? - No.

- HATTERED, sworn.

I am a constable. I apprehended the prisoner, and found the fat and saltpetre in Mr. Keeling's chamber locked up; the prisoner had the key.

PRISONER's DEFENCE.

I never was guilty of any thing that deserved punishment in my life.

GUILTY of stealing to the value of 10 d.

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

[Military/Naval duty. See summary.]

135, 136, 137. THOMAS MARSH the Elder, THOMAS MARSH the Younger, and JOHN HARLOW , were indicted, the two first for stealing two iron lamp braces, sixty pound weight, value 4 s. the property of the Commissioners of the parish of St. Mary Le Bonne , the other for receiving the above goods well knowing them to have been stolen , January 23d .

BENJAMIN HARRIS sworn.

I am a smith, and live at No. 1, in Cranbourn-alley. I know the braces, I fitted them in the places they were taken from, one in Henrietta-street , the other in Wimpole-street .

The indictment not being laid on the statute which makes this offence a felony, the prisoners were found,

NOT GUILTY .

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

138. ROBERT DARE was indicted for stealing a gold slide set with diamonds, value 5 l. the property of Henrietta Egerton , widow , in the dwelling-house of Rachael Ambrose , January 27th .

HENRIETTA EGERTON sworn.

I live in the parish of St. Anne, Westminster , with my mother, Rachael Ambrose . I lost a diamond slider, belonging to a handkerchief. I left it on my desk on Wednesday the 27th of January, at eleven at night; I missed it on Thursday morning very early; I made great search, but could not find it; it was stopped on Thursday at about seven o'clock, at Mr. Leighton's, a pawnbroker in Wardour street; he came and asked me if I had suffered a loss that day; I said I had lost a diamond slider. He produced it. It is worth fifteen or sixteen pounds. The prisoner was my servant , and was intrusted with every thing. The pawnbroker stopped him with it.

JAMES VINCENT sworn.

I am journeyman to Mr. Leighton, in Wardour-street, Soho. I have in my hand a gold slider which I stopped on the prisoner. He came on Thursday the 28th of January, about seven in the evening, and asked to borrow half a guinea on it. I asked him who it belonged to, as I did not think it was his own, he seemed staggered at the question; then he said it was the maid servant's in the house where he lived, and that she had sent it to pawn.

Did he tell you where he lived? - Yes. I asked if I should send to the house; he said he did not choose it. I took him to his mistress's door; he then said his mistress came late from the masquerade, and lost it, and he found it in the kennel all over mud. I then suspected the maid was concerned, and took him back to my own house, and sent for a constable, and took him before the justice, and he then said he found it in the kennel. I applied to his mistress that evening, and she said she had lost it, but did not know by whom it was stolen.

PRISONER's DEFENCE.

I found the slider; I thought it was my own property as I found it, and I went to a pawnbroker's with it.

GUILTY DEATH .

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

(The prisoner was humbly recommended by the Jury to his Majesty's mercy .)

139. JOHN NEWMAN was indicted for stealing three pieces of printed callico, containing eighteen yards, value 30 s. the property of Daniel Rutter , February 11th .

DANIEL RUTTER sworn.

I live in Bartholomew-close ; I am a callico-glazer . On last Thursday evening, while I was damping these cloths, at about seven o'clock the prisoner came down the court and took them under his arm; I followed him and cried, Stop thief! He was taken directly.

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

JOSEPH HILL sworn.

On last Thursday evening, while my master and I were damping these cloths, he was on the outside and I the inside of the shop; as he damped them he laid them by him. I heard my master cry, Stop thief! and ran down the buildings. I went out of the shop and round the buildings to meet him; I met the prisoner; he appeared much out of breath; I stopped him; he said, What do you stop me for? He had not got any thing. My master came up at this time with the pieces in his hand, and said, the prisoner had dropped them.

- HOLLER sworn.

I am a constable. I took the prisoner to the Compter. When he was asked if he was guilty, he said he was guilty. Somebody laughed, and then he said he meant he was not guilty.

PRISONER's DEFENCE.

The man stopped me, and said I had taken some of his master's linen. I wonder how any man can swear to a person's back.

To the prosecutor. Did you at any time lose sight of the prisoner? - I did not.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Branding. See summary.]

[Imprisonment. See summary.]

140. LEVY LAZAROUS was indicted for stealing a woollen cloth coat, value 5 s. the property of Charles Dawkins , February 1st .

CHARLES DAWKINS sworn.

I was driving a cart; a person called to me in Broad-street , and told me my till-board was down, and my great coat taken out of my cart,

WILLIAM HELL sworn.

I was walking along Broad-street on the first of this month; I saw the prisoner steal a coat out of the cart; I told the prosecutor of it, and then followed the prisoner, and saw him drop the coat. He had not been out of my sight. I secured him in two or three minutes after he had committed the fact.

JOHN BUCKLE sworn.

I saw the prisoner take the great coat out of the cart; I told the prosecutor of it; I pursued him, but finding him too light heeled, I called to some soldiers, who stopped him.

PRISONER's DEFENCE.

I know nothing of it; the soldiers stopped me. I did not take the coat out of the cart. I have no witnesses here; I did not send for my master because I was afraid he would not come.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Imprisonment. See summary.]

141. RALPH ALLISON was indicted for stealing eleven pewter plates, value 4 s. the property of Barnard Steers .

BARNARD STEERS sworn.

On Thursday the 28th of last month the prisoner came in to a sale of goods which I had the care of; he asked for a catalogue; he went down into the kitchen; I watched him out; I went up into the shop and found him there, I was surprised at that as I thought I had seen him out; he asked me what time Mr. Phipps began the sale; he turned from me to go out, and I saw the impression of the plates under his coat; I followed him out and secured him. I said, you have robbed me; he produced the plates, and said, I acknowledge it, I stand convicted.

WILLIAM COOK sworn.

I am a constable. I was charged with the prisoner; he confessed the fact, and said, he stood convicted.

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

PRISONER's DEFENCE.

I was very much in liquor; I have a family; I never was before a court in my life before. I leave myself to your lordship's mercy.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Branding. See summary.]

142. JAMES TAIT was indicted for stealing a linen handkerchief, value 10 d. the property of Hanss Tonnis , February 6th .

HANSS TONNIS sworn.

As I was walking in Old Broad-street , on the 6th of February at a little after twelve o'clock, the prisoner came against me; I felt in my pocket, and missed my handkerchief; I cryed out Stop thief! and he was taken in a minute. I saw my handkerchief tucked into his breast, and I saw him take it out and drop it.

PRISONER's DEFENCE.

I was walking along; this gentleman challenged me with picking his pocket. I came up to him; he hit me in the face and knocked me backwards, and then he bid me go about my business; when I had got a little way from him he called out Stop thief! he had me stopped, and delivered me to the constable; he told the constable he had not lost his handkerchief.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Military/Naval duty. See summary.]

143, 144, 145. ROBERT DEMPSEY , JAMES WOOLLEY , and WILLIAM TODD were indicted for stealing twenty-four pair of thread stockings, value 4 l. the property of Robert Sudlow , in his dwelling-house , January 21st .

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

ROBERT SUDLOW sworn.

I am a hatter and hosier in Wigmore-street, Cavendish-square . I had occasion to make a purchase for a particular person of a particular sort of stockings. On the 21st of January last I bought two dozen of stockings of Mr. Waller, in the Strand, they were carried by Mr. Waller's servant to my house in Wigmore-street. Having business in the city, I went forward, and these stockings were stolen before I got home.

Did you make such remarks on them as to know them again? - I know them again very well, I took particular notice of the make and the size. When I came home my servant informed me she had received them into the shop; I saw no more of them till the next day, when I was sent for to Justice Welch's office; they found me out by means of the name of the person I bought them of being written on the wrapper in which they were. I went to the office and saw the stockings, and knew them again. They sent first to Mr. Waller, and one of his apprentices came up to the office and informed them that he had carried them to my house the night before. I bought 24 pair, there were but 22 pair at the office; there had been a pair taken out of each parcel; Justice Cox sealed them up with the office seal, and delivered them to the person who took the prisoners.

JOHN ATWOOD sworn.

I am one of the patrol in the parish of Bloomsbury. I have 22 pair of stockings; they were sealed up at the office. There had been a burglary committed in the house of Mr. Butcher, in Bloomsbury, I had a suspicion of the prisoner, Dempsey; I went to search his lodging, in the house of a Mr. James, in Dyot-street, between twelve and one in the night; I found all the prisoners in bed, and found the two parcels of stockings in a box under the bed they were in; they said they knew not how the stockings came there; that they were none of their's. When I took them to the magistrate, we found there was a direction on one of the wrappers to the person where the gentleman bought these stockings; the magistrate sent according to the direction, and a gentleman came and said they had been sold to the prosecutor the day before. I went to Mr. Sudlow's, and asked him if he had lost any stockings; he said he had lost two dozen. When he came to the office and saw the stockings, he said, they were the stockings he had bought the day before.

When you came into this room on another business, on a burglary having been committed in Bloomsbury, and found the prisoners all in bed, did you tell them what you came about? - No; I told Mr. James I wanted to see Dempsey, and Dempsey opened the door.

Did they appear to be under any apprehensions, or uneasy at your coming? - Yes, they did, I told them they must get up and go along with me.

Dempsey. After he came in I went out to make water, and came in again; if I had known myself guilty I would not have come in again?

Atwood. He only went into the shop to make water; the room is on the ground floor. I saw these things under the bed, and followed him and secured him. The shop door was shut, he could not get away; the others were in bed. I ordered them to get up and took them to the watch-house. On the bed I found this black mask (producing it.)

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

ANNE HARPER sworn.

I live at Mr. Sudlow's, who is a hosier and hatter; I serve in the shop when he is out.

Do you remember any stockings being brought to the shop while he was out? - Yes; on Thursday the 21st of January, between four and five in the afternoon, two dozen of stockings were brought; I put them at the end of the compter; about half an hour after that they were stolen.

Was you in the shop? - No; I was in the parlour. I had just lit candles in the shop, and went into the parlour, and set a candle on the bureau; I saw the shop door open and a young man came in.

Was there only one? - Only one.

What size was the young man that came in? - He was quite a youth; he held up his head as he came in at the door. Woolley was the person; he took the stockings.

Had you ever seen either of the prisoners before this time? - Never.

You did not know any thing of them? - No.

How long might this matter be transacting between his opening the door and taking the stockings? - He was not a minute taking the stockings.

You never saw him but that minute? - No.

Can you positively swear from seeing him one minute that that person was the prisoner? - Yes.

What distance is it from the shop door to the parlour? - About four yards and a half; he had taken up the stockings before I came out of the parlour.

When you came out of the door and cryed out stop thief! were there any other persons in his company! - Another young man stood at the corner of the shop window; he ran off; Woolley was running when I went to the door; the other seemed to laugh; when I got to the door I cried stop thief! and then they ran.

Did you make any observation upon that lad to know him again? - Yes; that is the young man in the blue clothes (Dempsey.)

When did you see him afterwards? - At the office.

DEMPSEY's DEFENCE.

I was employed in turning a wheel for twopence an hour at that time at Mr. Fox's. The room that I lodged in I was to pay twopence a night for, to Mr. James. I came in between eight and nine, and went to bed; this young man was asleep at the time; the key hung up a usual on the outside, in the passage. Between ten and eleven the woman waked me, and asked me to let a young man lie with me, as he was destitute of a lodging; I said, three were too many in a bed, but however he came in. When Mr. Atwood came and knocked at the door; I let him in; he pulled these things out from under the bed; I told him I knew nothing of it; it is a common lodging house, the same as another twopenny lodging house. I never examined what was in the room. I used to go in and outin the morning; I never looked under the bed.

WOOLLEY's DEFENCE.

I never looked under the bed; the door was almost constantly open. It is a common twopenny lodging house. I went to bed of a night directly as I went in; the door was almost always open. Other lads and disorderly women too lay in the house besides me. I am a farrier ; I was out of work at this time. My master I lived with would give me a character.

Court. Gentlemen of the Jury, I do not call upon the other prisoner for his defence, there does not seem sufficient ground for a charge against him.

DEMPSEY NOT GUILTY .

WOOLLEY GUILTY Death .

TODD NOT GUILTY.

(Woolley was humbly recommended by the prosecutor and the jury to his Majesty's mercy .)

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

146. JANE WILLIAMS was indicted for stealing a woollen cloth cloak, value 3 s. the property of John Williamson , February 13th .

JOHN WILLIAMSON sworn.

I live in Johnson's-change, Rosemary-lane .

Do you know any thing of the prisoner? - Yes; more than I desire to know. She came into our house on Friday last under a pretence of asking for her namesake; she said I was her namesake, that her name was Williams. I said my name was Williamson. She sat down; she said her husband was a Scotchman, and that she much loved the Scotch; and asked me to get a quartern of gin; I said I did not use that sort of liquor. I went and got a pennyworth of gin. I had a newspaper in my hand; she said she had found a purse with bank notes and money in it to the value of three hundred pounds, and asked me if it was advertised; she then asked me to come and dine with her on the Sabbath-day; which I did not agree to. When she was gone, I missed the cloak; there was nobody in the house besides her, my wife, and myself. On the Saturday following my wife went to the Brown Bear, in Rosemary-lane, and saw the prisoner. My wife sent for me.

Did you find the cloak? - We found it where she had sold it.

Did she tell you where she had sold it? - No, another woman told me; I went to the person, who said he had bought such a cloak.

JAMES BARKER sworn.

I am a constable. I found the cloak at one Mr. Dutton's house.

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

FRANCES WILLIAMSON sworn.

I am the wife of the prosecutor. I went to Mr. Dutton and asked if he had such a cloak, describing it; he said yes, and showed it me; there are many marks I know the cloak by. I lost it on Friday; I had been out about an hour before the prisoner came in. I hung it on a nail; there had been nobody in the house but the prisoner.

RICHARD DUTTON sworn.

I keep a slop-shop, and deal in clothes. I bought this cloak of the prisoner on Friday afternoon.

PRISONER's DEFENCE.

I bought that cloak of another woman there are two in the house besides me.

GUILTY of stealing to the value of 10 d.

Tried by the London Jury before Mr. Justice BULLER.

[Whipping. See summary.]

147. ANNE PRESTON was indicted for stealing a silver watch, value 10 s. the property of Mary Noble , widow , December 15th .

MARY NOBLE sworn.

I am a publican ; I lost a silver watch; it belonged to a man who is gone to sea. It was in a drawer in a room, that was hired by the lieutenant of a press-gang. The prisoner, I believe, was wife to the lieutenant's servant; the lieutenant had been robbed of a Bank note; he ordered all the people to be searched, and this watch was found upon the prisoner. I asked her how she came by it; she said she bought it; I asked her what she gave for it; she said twenty shillings; I told her it was not worth above ten shillings, that I had been offered ten for it. I then said, can you look me in the face, and say that is your watch; she then trembled and said no, it was her husband's.

PRISONER's DEFENCE.

My husband gave me the watch, and told me he bought it; I did not know the contrary.

Prosecutrix. The lieutenant told me, if I did not prosecute her, he would prosecute me.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

148. THOMAS BROWN was indicted for stealing a walnut-tree chest of drawers, value 17 s. seven linen shirts, value 7 s. a muslin apron, value 1 s. a pair of womans red morocco shoes, value 1 s. a linen handkerchief, value 6 d. a small print in a wooden frame, value 1 s. and two pair of stockings, value 3 s. the property of William Pick , January 29th .

WILLIAM PICK sworn.

I deal in timber . There was a fire next door to me, on the 29th of January; as our house was in danger, we were obliged to move our things. The patrol stopped the prisoner with these things upon him between twelve and one in the morning.

JOSEPH ROWLAND sworn.

I am a watchman belonging to St. Giles's parish. At about a quarter after four in the morning, as I was crying the hour, I saw the prisoner with the drawers on his head; I asked him where he was going; he said he came from Greek-street, and was going to Fullwood's-rents; he said he was sent by his master, who was a barber; I asked him if he had the keys, he said no; I asked him the contents of the drawers, he said it was linen. I secured him, and took him to the watch-house; the patrol were in the watch-house; I desired them to assist me to see what was in the drawers, we examined them; I left them in the possession of Atwood, one of the patrol.

JOHN ATWOOD sworn.

I was in the watch-house when the watchman brought the drawers in; I took the things out of the drawers; they have been in my custody ever since I had a suspicion they were stolen from the fire, and went in the morning and found the prosecutor.

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

PRISONER's DEFENCE.

I live in Fetter-lane there was a woman in our house in labour; between three and four in the morning I went for the midwife, in Short's-gardens, at the back of St. Giles's; as I was coming back, a man who had the drawers asked me which way I was going; I told him down Holbourn; he said he would give me a shilling if I would carry the chest of drawers to Gray's-Inn-lane, and there he would take them of me. He bid me go on while he made water, and while he stopped to make water the watchman secured me.

Atwood. I found a handkerchief of the prosecutor's round the prisoner's neck.

Prisoner. He gave me a shilling, and the handkerchief to carry it.

For the Prisoner.

ELIZABETH DRIVER sworn.

I am a married woman. I know the prisoner.

What is he? - He is no trade yet as I know of, he is not fourteen-years old; he lived with his mother; I know nothing but what he is an honest lad, he is going apprentice to my husband.

(The prisonar's mother also gave him a good character.)

GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

[Military/Naval duty. See summary.]

149. EMANUEL LOVEL was indicted for stealing a mahogany knife tray, value 2 s. five case knives, value 1 s. seven forks, value 1 s. a wooden drawer, value 6 d. and a linen towel, value 2 d. the property of William Pick , January 29th

WILLIAM PICK sworn.

I lost the things mentioned in the indictment (repeating them) I own I only speak to the property.

JOSEPH WRIGHT sworn.

I am a watchman in St. Mary-le-bonne. When the fire broke out I was in a Mr. Collings's yard minding that some horses which were brought there did not run out; somebody came into the yard with a knife box, some knives, two plates, and a dish; I went up towards them; upon that they went out, by and by Emanuel Lovel came in with a tray; I went up towards him, he went off, I pursued him and asked him what he had got; he said a person put the things on his head to carry to the first publick-house; I said you are past the first publick-house, you must go back with me. I took the things from him, and left them in Collings's yard, and went with him to find the man he said he had them of. I met the prosecutor who said the goods were his.

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

PRISONER's DEFENCE.

I live in Banbury-street; I went to the fire; a man came up to me and said young man you will take these things to the first publick-house you come to opposite Castle-street; I was going with them.

Wright. That publick-house is the corner of Berner street; he was past that house.

GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

[Military/Naval duty. See summary.]

150. HENRY TODD was indicted for stealing two live pigs, value 10 s. the property of John Dunn , February 8th

JOHN DUNN sworn.

I live in Tothill-street, Little Gray's-Inn-Lane . On the 8th of February I lost three pigs; there were two found on the prisoner at the Three Tons in Turnmill-street in a bag; I saw them afterwards in the house of Mr. Isaacs the constable; I knew one of them by a piece being cut off the tail; there was no mark in particular on the other, therefore I cannot positively say that was mine.

Were they small pigs? - Yes; five weeks old.

Prisoner. Were they boar pigs or sow pigs? - That with the tail cut was a boar pig, the other was a sow pig.

THOMAS ISAACS sworn.

I am a constable; I apprehended the prisoner on the 8th of February; I went into the Three Tons to call for a pennyworth of purl, and saw him with a bag with two pigs in it in his hand; he was offering them to sale; he asked three shillings a piece for them. I asked him how he came by them; he said what was that to me; I said I believed he had stolen them, and would take him to a magistrate to see how he came by them. I took him to the magistrate; there he said first that he bought them; then he said he found them in the bag; they were warm. When I took him I found a knife upon him which I suppose he had stuck them with for there was blood upon it, and his hands were bloody; the pigs had not been long killed. I enquired about the neighbourhood, and was told they were Mr. Dunn's property; and he swore to them before the magistrate.

Jury. What colour were the pigs? - Both white about five weeks old.

Was there any mark? - The tail of one was cut.

Did you observe whether they were sow or boar pigs? - The one a sow the other a boar; the boar pig had the tail cut.

PRISONER's DEFENCE.

Last Monday was a week, as I was going by Charter-house wall, I saw a man with a bag across his shoulder; he asked me to buy two pigs; he asked nine shillings for them; I said I would give him six; he would not take it; he allowed them me for seven shillings and sixpence. I took them; I went into a publick-house for a pennyworth of purl; I put the bag down and went out to make water; when I came in Isaacs had hold of the bag, he might have changed the pigs for any thing I know; they are not the prosecutor's property; he keeps pigs for other people he has none of his own.

To the Prosecutor. Do you keep pigs for other people? - No.

Are those your own property? - They are.

GUILTY of stealing to the value of 10 d.

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

[Military/Naval duty. See summary.]

151. JOHN BROWN was indicted for stealing a silver watch, value 30 s. the property of Martha Sinclair , widow , January 25th .

MARTHA SINCLAIR sworn.

I live in New Gravel-lane . I lost a silver watch out of a one-pair-of-stairs room; I missed it on the 25th of January; I had seen it there about a week before; it hung over the mantle-piece.

Do you know the prisoner? - Yes; I took him in my house, and gave him a fortnight's lodging out of compassion. I do not know that he took it. I took up his boy first; the boy said he had found it. The day I missed it, the boy came to bring an apron to a girl in the house; I asked him if he had heard of my misfortune, and told him I had lost the watch; he said no. His mother came afterwards and abused me, and said, she would trounce me for saying they had stolen my husband's watch; that because I had heard that their boy had found a watch, that therefore I pretended I had lost one.

THOMAS DANIEL sworn.

As I was coming down Rosemary-lane, the prisoner called me, and told me he was in great distress; he said his boy had found a watch, which he had carried to a watch-maker's to be cleaned, and said he would be obliged to me if I could find somebody to take it out and he would sell it or put it up to be raffled for; I got a guinea, and my fellow-servant and the prisoner went and fetched the watch and brought it to the publick-house; it came to sixteen shillings cleaning, and five shillings he had had upon it.

What was the watchmaker's name where it was? - Plastrerer. I took the watch into my possession till he could bring the money; two or three days afterwards they came to me and said the watch was stolen, and the man was taken up. I went to Justice Sherwood with the watch.

THOMAS COLE sworn.

I took the prisoner and his son; the son was discharged. The watch was delivered to me, I have had it ever since.

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

JOHN M'FARSON sworn.

I am a watch-maker at Shadwell. I sold a watch to the prosecutrix ten years ago, the name and number of the watch corresponds with the watch I sold to her.

ROBERT ARCHER sworn.

I keep a public-house. The prisoner brought this watch to my house be said his son had found it in the Thames, about three weeks before, it was all over mud, and looked as if it had been taken out of the Thames; all the wheels were rusty; the glass broke, and the chain in the inside was broke; it was dropping all to pieces; I said I suppose some poor fellow had fallen overboard, and lost it out of his pocket; he asked me what he should do with it; I said it could be of no worth, no more than the silver; he said he knew a watch-maker; I said, then he might go and have his advice; he went and had it repaired; it cost fifteen shillings repairing, he got a customer for it and it was brought to my house afterwards to be sold; that was on the Friday; I thought the man was to come on the Saturday to bring the rest of the money. A man came and wanted to see the watch; the man that had it was not at my house, the prisoner was; he desired me not to say any thing to the prisoner till he had seen it.

THOMAS BRADSHAW sworn.

The prosecutrix told me about the watch; that the boy said he had found it, and a man in Rosemary-lane had got it on a purchase; I told her I would go and get a sight of the watch before she meddled with any body; I went to the publick-house and asked for the man that was to pay for the watch; they told me he was not there, but they expected him. I waited an hour, he did not come; the prisoner was there; I bid the publican say nothing to the prisoner about it till we were certain of the the watch, as the prosecutrix only wanted her property again. Instead of bringing the prosecutrix the watch, they came and abused her; on which I advised her to go to Justice Sherwood. and get a warrant against the man, his son, and daughter. I advised that the watchmaker that repaired it should be summoned, but it was over-ruled.

Archer. Will your lordship please to ask Bradshaw if he did not hear the woman say she believed the prisoner to be an honest man.

Bradshaw. She said she thought him to be an honest man.

NOT GUILTY .

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

152. EDWARD BALLARD was indicted for stealing a silver watch, value 5 l. a black silk ribband, value 1 d. a watch key, value 1 d. and a watch seal, value 2 d. the property of Joseph Coulson , privately from the person of the said Joseph , January 31st .

JOSEPH COULSON sworn.

I am a journeyman sadler . On the 31st of January last, when I was some where near Clare-market , I lost my watch at half past nine in the evening, or thereabouts. I was going towards the Hay-market. I had seen my watch in Chancery-lane; as soon as I got beyond Clare-market, I missed it. My name is on the dial of the watch, and my cypher on the back of it. I never saw it again till last Friday at Sir John Fielding 's. I never was in any house between Chancery-lane and Clare-market, not did I between those places discover any body to touch me, or brush by me.

JAMES EVERITT sworn.

I am a pawnbroker in Holborn. The prisoner brought this watch to me on the 6th of February at about nine in the evening; I asked him whose watch it was; he said it was his own, that it cost him eight guineas. I lent him two guineas and a half upon it; he pledged it in the name of Joseph Coulson , the name on the dial plate, and told me that was his name. On the next morning I received a hand-bill, that this watch had been stolen; I went directly to Sir John Fielding 's, and got a warrant, and on Monday I discovered where the prisoner had offered the watch, and what was his real name. I am quite positive his prisoner was the man who brought the watch to me to pledge.

PRISONER's DEFENCE.

One Mary Ballard brought it to my house; she said she found it, and asked me to pawn it; she said she had looked in the papers, but could not see it advertised.

For the Prisoner.

ELIZABETH WHITEHEAD sworn.

I was at the prisoner's lodgings, not above six or seven days ago, in Vine-street; a woman came and gave the prisoner a silver watch, to which there was a black string. Whether this is the same or no I cannot tell.

What are you? - A poor woman; I do not know what else I can call myself.

How do you get your bread? - My husband gets it for me, blessed be God.

What is your husband? - A shoemaker in St. Clement's-lane. I never knew any harm of the prisoner in my life; I believe you will find he bears a good character in the regiment he belongs to.

TERESIA SMITH sworn.

I have known the prisoner from a child; I never knew any thing amiss of him in my life.

ROBERT GUNN sworn.

I have known the prisoner four months; he belongs to Lord Petre's company, the first regiment of foot guard s; he has done his duty in every thing according to order; he has born a good character.

Elizabeth Whitehead . The woman who brought the watch to him was here to give evidence not an hour ago. I saw her in the yard.

Gunn. I saw her at Sir John Fielding 's. She was here yesterday, and one of Sir John Fielding 's runners said to her, blast your eyes! what do you do here? you will clear the man, and get into his place.

Do you know that man? - I asked his name; he would not tell me. I should know him again, if I saw him.

Coulson. The woman was taken up with the prisoner and discharged. She declared before Sir John Fielding , that she found the watch, and gave it the prisoner.

To Whitehead. Was you in the prisoner's lodging before she came in, or did you come in after? - I was there before she came in. She took the watch out of her pocket, and said here is a watch I found a week ago; I should be glad if you would take it and pawn it.

NOT GUILTY .

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

153. HUGH O'NEAL was indicted for stealing a silver watch, value 3 l. the property of Micheal Hinde in the dwelling-house of Owen Hart , January 13th .

MICHEAL HINDE sworn.

About five weeks ago my watch was stolen. I was going out after dark, so I left it with Mary Hart for fear it should be lost. About two days after it was lost, I found it at Mr. Bradshaw's, a pawnbroker's.

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

THOMAS BRADSHAW sworn.

I am a pawnbroker. I had the watch from the prisoner, in the name of John Cummings , on the 13th of January. The prisoner has used my shop three years by that name. I had some knowledge of the watch before. The prisoner is a ballast-heaver . He used to bring buckles and other things to pawn occasionally. I asked him if it was his watch; he said it was. The next morning Hinde came and enquired for the watch; I described the person of the prisoner to him before the justice. The prisoner acknowledged that he had stolen it, and desired to be sent to serve his majesty. The watch was not worth above twelve or fourteen shillings.

Hinde. The prisoner was present at the time I left the watch with Mary Hart , and saw me leave it with her.

MARY HART sworn.

I am the wife of Owen Hart . Hinde left the watch in my care; I put it into the chest, and locked it down. The chest was broke open, and the watch taken out of it. I missed the watch on Wednesday, twelve o'clock. I received it the Monday before; the prisoner saw me have the watch; he took it from me into his own hand; then he gave it me again; I carried it up stairs; he saw me do so; he did not come near my house for three days and nights, and he was gone away before I missed the watch.

From the Prisoner. Whether you can swear I broke the box open? - No. There were four people slept in the room.

PRISONER's DEFENCE.

I did not steal it.

GUILTY of stealing to the value of 12 s.

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

[Imprisonment. See summary.]

154. JOHN GOODERICK was indicted for ripping and breaking with intent to steal two iron bars, value 2 s. the property of the Society of New-Inn , January 22d .

Mr. JOHN DAGGS sworn.

I am the steward of the Society of New-Inn. The two iron bars were ripped up from the stone of the cellar window, at No. 5, in New-Inn . The persons mentioned in the indictment are the trustees of a long term of three hundred years, which has been granted to that society by the Middle Temple, who have the freehold of New-Inn.

JOHN FELL sworn.

I am the porter of the Inn. I saw the prisoner with a long pole at the cellar window. I asked him what he was doing; he said nothing; he was afterwards accused with wrenching the bars; then he threw the pole down, which he had before in his hand, and attempted to run away: I was informed that the bars were ripped, and then brought him back. The instrument he had in his hand was a paddock, or long pole about six feet in length, which is made use of in scaffoldings; this was about half past seven at night.

SUSANNAH FELL sworn.

I am the wife of the last witness. I saw the prisoner at the bar, with the pole between the curb of the window and the bars. I asked him what he was doing there? he said nothing. I then asked him what he was doing with that pole; I said it was one of Mr. Bannister's; he said he was one of Mr. Bannister's men. Upon this I called my husband, and looking at the bars, I found one was ripped up out of the stone, and the other was loosened; thereupon he was stopped, and taken before Sir John Fielding , who committed him.

THOMAS WINTER sworn.

I am a watchman of the Inn. Some bars had been stolen from this window some time before; these bars having been taken away had been replaced. I went round the Inn in order to see that every thing was safe. They were safe at seven o'clock that night.

JOHN STEPHENS sworn.

I am a mason. The prisoner was employed as my servant in the stone-work, in replacing those two bars that had been before taken away; he was not a servant of Mr. Bannister's; I had employed him about three months; I never saw any thing objectionable in his behaviour; he always behaved well, during that time.

DENNIS PRICE sworn.

I am the smith's man, who was employed in replaceing the bars, which before had been taken away. The prisoner assisted in doing the work.

PRISONER's DEFENCE.

I am as innocent as a child. I was going along Wych-street; I went just within the gate upon a pressing occasion; I had no thought of any such thing. The good woman asked me what I was doing there? I said nothing; I was going about my business. The porter ran after me, and cathed me, and said I was the person that had stolen the bar away two months before that, and hauled me away, and took their oath before Justice Fielding, that I had pulled the bar up before. I am as clear as the child unborn. I have nobody here at all.

GUILTY .

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

[Branding. See summary.]

[Imprisonment. See summary.]

155. SOLOMON GABRIEL was indicted for stealing a Marseilles quilted petticoat, value 5 s. a linen gown, value 5 s. a linen apron, value 6 d. five checked aprons, value 5 s. two pair of cotton stockings, value 2 s. and a linen wrapper, value 3 d. the property of Henry Fasey , October 24th .

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

THOMAS BRADY sworn.

On Saturday night my mother sent me to Mr. Fasey's with a bundle.

What is your mother? - A washerwoman.

Do you know what was in the bundle? - No; my mother can tell.

What time of night was it? - Between ten and eleven o'clock.

Where does your mother live? - In King Edward's-street, Coverley's-fields. Mr. Fasey lives in the Minories ; I pulled at Mr. Fasey's bell; it did not ring. A man came up, and asked my business. I said I had brought Mr. Fasey's linen. He said Mr. Fasey was out, and that he desired him to wait about there till either me or my mother came with the linen; he said he was Mr. Fasey's brother, and lived at London Wall, and he was to take them to his house till the next morning, and if I was going that way, I might go with him. I went with him some of the way, when a man met him, and said Mr. Fasey wondered how he could stay so; and he said to me, boy, how came you to stay so long? I said my mother could not get them done sooner. The prisoner said to me he must have the things, and he gave them to the other man; then he told me to come back with him, that he had got an acquaintance at a publick-house where he must call as we went back. I began to think that they had robbed me of the linen; I said to the prisoner, that I did not think the things were safe. He said if I did not think they were save, I might run after the man; I did run after him, but could not see him; then I lost them both.

Do you know the persons of those men? - No. I cannot be positive to the men it was so dark.

If you was to see the man you would not know him? - No.

Is he like any body in court? - I do not think he is.

JENNY BRADY sworn.

I am the mother of Thomas Brady . On the 24th of October I delivered the things to him which are mentioned in the indictment (repeating them). Here are part of the things which were found.

SOPHIA CHAMBERLAIN sworn.

I am a mantua-maker. I am an apprentice to Mr. Fasey; I was going of an errand down Jewry-street. I called upon a mantua-maker that I had worked with, and there I saw my gown which had been lost among the linen. She said she had it of Hannah Levy who had bought it, and brought it to her to mend.

HANNAH LEVY sworn.

I came out on Sunday evening, and went to Mr. Gabriel's house. He asked me if I wanted to buy a gown; I said I would have it, if it was not dear; he said it was a gown and coat, and they must go together; he said he gave 18 s. for it, and I should have it for 18 s. again. I took it on his word; I gave his wife a guinea, and she gave me three shillings change. I sent for the mantua-maker, and gave it directly to her. Mr. Fasey's apprentice went to the mantua-maker's, and saw the gown, and asked her how she came by it. The mantua-maker brought it to Mr. Fasey's house, and the washerwoman got it. I was there, and saw it brought; there was an apron.

(The gown, coat, and apron were produced in court, and deposed to by Mr. Brady, and Hannah Levy deposed they were the things that were brought to her.)

Cross Examination of Hannah Levy .

Do you recollect having any conversation with Mrs. Fasey respecting these goods? - No.

You never had? - No. I never saw Mrs. Fasey till she was mantua-maker to my mistress.

What was the name of the woman you went with to have this matter settled? -

Solomon Gabriel sent to my house, and offered me five guineas to make it up with the washerwoman.

Did not you make an application to 2 Mrs. Neiden to go with you to Mr. Fasey's to make it up? - No.

Whether you did or not desire Mrs. Neiden to go with you to the prosecutor? - I never desired her. She desired me to go, and I went with her to the prosecutor, and he would give me no answer at all.

Did not you go to desire the prosecutor to make it up with you? - No.

She persuaded you to go to a Mr. Fasey's to acknowledge you had the possession of these things? - No.

For what purpose, or on what business was it you went to Mr. Fasey's with Mrs. Neiden? - I do not know any thing of this affair. She came to me; I would not go then; she said I should go, and I went.

Did not you tell Mr. Fasey you bought these clothes of an old clothes-man, and not of the prisoner? - Yes.

Then you went with Mrs. Neiden to Mr. Fasey's to desire Mr. Fasey to make up the business, and told Mr. Fasey that these clothes were not obtained of Solomon Gabriel , but an old clothes man? - Yes; because he persuaded me to it.

Solomon Gabriel is not an old clothes-man? - No.

Court. - Who persuaded you? - Solomon Gabriel .

Then you must suspect that the goods were stolen? - No. He said he would give me my money again.

Did not you offer Mrs. Brady half a guinea more to make it up? - Mr. Fasey knows I never offered a farthing.

To Sophia Chamberlain . Is that your gown? - Yes.

Was that in the parcel that was washed by Mrs. Brady? - Yes.

HENRY FASEY sworn.

I know this is my wife's petticoat; and this is my apprentice's gown.

Cross Examination.

Do you recollect Levy at any time coming to you? - Not before I went to her master's and asked if she had not carried a gown to the mantua-maker's.

Do you recollect her coming to your house? - I brought her to my house.

Do you recollect her telling you who she bought these goods of? - No; she said she bought them in the street of an old clothes-man.

PRISONER's DEFENCE.

I know nothing of it; I was not in town, my lord, at the time.

For the Prisoner.

- NEIDEN sworn.

Do you know one Hannah Levy ? - Yes; she came on Friday to my house, and said I should go with her to Mr. Fasey to see if she could make up the affair she was about; when we came to Mr. Fasey he was very angry and said why did she first say she bought them of an old clothes-man; Mr. Fasey said he could do nothing in it she must go to the washerwoman, we went to the washerwoman and she came with us to Mr. Fasey.

Did she come to you without any application from you? - Yes.

What was the purpose of your going; was it not to make up the affair? - Yes, She wanted to pay for the things; she was afraid of being turned out of her place.

Did she say who she bought them of? - Mr. Fasey said why did you say you bought it of an old clothes-man.

Was any thing said of the prisoner? - Yes; afterwards she said she bought them of Solomon Gabriel ; she said she would give the gentleman half a guinea over and above to make the matter up with the washerwoman; he said he could not do any thing without Mrs. Brady.

MICHAEL LYONS sworn.

Have you at any time in the course of the year been at Aylesbury? - Yes; from the twenty second to the twenty sixth of October last.

Do you recollect seeing the prisoner at Aylesbury when you was there? - I saw him there on the twenty-second of October on a Thursday evening; he staid with me on Saturday and Friday and kept the sabbath with me and then went away, he eat and drank and slept with me.

JUDAH LEVY sworn.

Do you recollect going to the Bull in Holborn after a parcel that was come from Aylesbury? - Yes, very well; it was the sixth of October to the best of my memory. I received a letter out of the country to go for it.

Are you sure as to the day of the month you speak to? - No; I am not sure to the day of the month, but I am very positive I received the parcel from the Bull on Monday; when I came to the inn the coach was not come in; I waited for the coach; Mr. Gabriel came out of the coach; he said to me I know what you are come for; I have the parcel you want and pulled fourteen guineas out of his pocket and gave me; we came home together.

- GIBSON sworn.

I am a baker; I serve the prisoner with bread, he keeps a chandler's shop and sells bread.

Had you occasion to go to this house every day? - Yes.

Do you recollect at any time his being out of town? - He might be out of town; I did not see him from the 22d to the 26th of October.

Do you generally see him every day if he is at home? - I see him occasionally.

Do you carry the bread yourself? - Yes.

Court. Did you see him from the 18th to the 22d? - I cannot be punctual.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

156. JOSEPH HORSLER was indicted for that he in the king's highway in and upon Anne the wife of John Hannams , did make an assault, putting her in corporal fear and danger of her life and stealing from her person 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 HANNAMS sworn.

On the eighth of December I was coming along Houndsditch with a bundle of linen upon my head, containing seven shirts, three pair of sheets and a table cloth. About half after six at night, or not quite so much, somebody came behind with his full force against me and knocked me down; before I could get up another who was close by me took up my bundle.

Do you know the man that took up your bundle? - I partly saw the statue of him; I could not see the face of him nor the face of him that knocked me down. I cannot swear to either of them.

ISAAC SAKEY sworn.

On the 8th of December as I was going to the lottery-office, I met four fellows; William Binns , William Bird , Joseph Barnsley , and John Connolly .

You know the prisoner? - Yes. Coming back from the lottery office I met Anne Hannams with a bundle on her head; I saw two of them go up to her and one of them knock her down; I did not take notice how he did it; th e prisoner picked up the bundle and ran down Woolpack-alley with John Connolly , who is not yet taken; Bird and Binns ran down another alley; I pursued the prisoner and Connolly down Woolpack-alley, but could see nothing of them; I saw the prisoner take the bundle.

Was he in company with Bird before she was knocked down? - Yes; I saw them in discourse all together.

Prisoner. He said last sessions Bird knocked the woman down and Binns ran away with the bundle? - No, I did not say any such thing; I said Binns did not knock the woman down, nor run away with the bundle, but that is the man that ran away with the bundle. I met Levi Moses , and told him if he had been with me we might have apprehended them every one.

LEVI MOSES sworn.

On the eight of December, at about half an hour after six, as I was going into the Woolpack, I saw the prisoner and three more standing in the highway; I went up Woolpack-alley; I had gone about ten minutes into a house; I heard a woman cry out, I am robbed! I went to her and asked what was the matter; she said, I was knocked down and robbed of a bundle of linen; I bid her be quiet, and said I would go and see if I could find any of them; I went and met the last witness.

- BARBER sworn.

Moses came to the office; hearing of the robbery I went to the prisoner's lodgings to apprehend him, and found he had left his lodging. I found him about three weeks after, at a lodging in Chick-lane; when he saw Levi and I come in, he ran and hid himself in the coal-hole; after that, he said if we would admit him an evidence, he would confess the whole.

PRISONER's DEFENCE.

The city marshal had a warrant against me; I thought they were come to serve it.

GUILTY of stealing the goods, but NOT GUILTY of the robbery .

Tried by the London Jury before Mr. RECORDER.

[Imprisonment. See summary.]

157. ROBERT LAVAN was indicted for stealing twelve pound weight of iron, value 12 d. the property of William Jarvis Whitehead , February 1st .

WILLIAM JARVIS WHITEHEAD sworn.

I am a smith . The prisoner worked for me. After he had left his work on the evening of the first of February the patrol brought him to my house with the iron mentioned in the indictment, there is twelve pounds of it.

FRANCIS DUNN sworn.

I am the patrol. On the first of February between seven and eight at night, I took the prisoner about a hundred yards from his master's house; he had twelve pounds of iron, part of it in his apron, and part in his pocket; I suspected him, and asked him whose iron it was; he said it was his own property; I asked him where he was going; he said to his master's at Cow-cross; then he said he worked for Mr. Russell, in Coleman-street; I went there with him, and found he did not; Mr. Russell advised me to take him to Mr. Whitehead's. He was not willing to go there. I took him to Mr. Whitehead's, and the iron was delivered to Mr. Sedgwick.

(The iron was produced in court by Robert Sedgwick , and deposed to by the prosecutor and Robert Crook his servant.)

PRISONER's DEFENCE.

I went to ease myself under a gateway in Cateaton-street, and I picked up that iron there.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Branding. See summary.]

[Imprisonment. See summary.]

158. WILLIAM MILLION was indicted for stealing a woollen hammer-cloth for coach, value 6 s. the property of Thomas West , January 28th .

THOMAS WEST sworn.

I am a hackney coachman . I put up my coach at ten at night; the next morning about half after ten o'clock Isaacs came to me and asked me if I had lost a hammer-cloth; I went to the coach and missed it; I did not miss it before. The prisoner was taken before the magistrate, where he confessed the fact.

Court. Did you promise him mercy? - Yes.

Court. Then you must not mention what he said? -

THOMAS ISAACS sworn.

I am the constable of Clerkenwell. I saw the prisoner going into an old iron shop at ten in the morning on the 28th of January; I asked him what he had got there, he said that was nothing to me; I looked and saw it was a hammer-cloth; I asked him where he got it, he said what was that to me; I said I must take him to a magistrate; I did, and he confessed he took it off the coach.

Was there any mercy promised him? - Not that I know of.

To West. Did you understand my question? did you promise him any mercy? - No, I did not.

PRISONER's DEFENCE.

The prosecutor said he would forgive me if I would go to sea. I have two friends but they are not here yet.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Branding. See summary.]

[Imprisonment. See summary.]

159, 160. JACOB DANIEL and JOSEPH LEVI were indicted for stealing a linen handkerchief, value 10 d. the property of John Robins , January 13th .

JOHN ROBINS sworn.

I belong to the Custom-house. It is my duty some times to go to the upper station to examine goods; I went there on the morning of the 13th of January; when I came there I missed my handkerchief; a waterman came to me and asked me if I had lost my handkerchief; I said I had; he said he saw two chaps following me in Thames-street ; a gentleman in the office offered to lay a trap for them; he went out up Thames-street, with his handkerchief hanging out of his pocket; I followed him; they seeing his handkerchief out of his pocket went after him; upon which they were seised and my handkerchief was found upon Daniel.

THOMAS WARD sworn.

I was charged with the prisoners. I searched Daniel, and found this handkerchief upon him.

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

DANIEL's DEFENCE.

I found the handkerchief in a bundle under a gateway in Thames-street.

(There being nothing to affect Levi, he was not put on his defence.)

DANIEL GUILTY .

LEVI NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Military/Naval duty. See summary.]

161. THOMAS NORMAN was indicted for that he in the king's highway in and upon Susannah the wife of Thomas Class did make an assault, putting her in corporal fear and danger of her life, and stealing from her person eleven linen shirts, value 5 l. three linen sheets, value 15 s. a linen table-cloth, value 5 s. a silk handkerchief, value 1 s. a linen stock, value 6 d. and a linen bag, value 3 d. the property of James Cooper , February 5th .

SUSANNAH CLASS sworn.

Do you know the prisoner? - Yes. Last Friday was a week, at six o'clock at night, I cannot tell what day of the month it was, I was robbed in Mark-lane, at the corner of Hart-street , of eleven shirts, three sheets, a table-cloth, a silk handkerchief and a stock. I am servant to a washerwoman ; I was carrying the linen home.

Whose linen was it? - Elizabeth Cooper 's.

Is she married? - Yes.

What is her husband's name? - James Cooper .

Do you know the person that robbed you? - Yes; that is him that robbed me (pointing to the prisoner.)

Can you positively swear to that? - Yes, my lord, I can.

What were the circumstances attending the robbery? In what manner was it done? - He followed me some way, he knocked the bundle out of one hand, he then hit me a blow on the head, twisted the bundle out of the other hand, and ran down Hart-street.

You say the prisoner followed you some way before? - I heard some steps after me; I did not look to see who it was till he hit my hand, then I turned round and saw the glimpse of his face, by a candle in a tallow-chandler's the corner of Hart-street.

Did you know the prisoner before? - I never saw him before.

I pursued him as fast as I could, and called murther and thieves! and he threw my bundle into the highway. I took it up, put it on a bulk, and fainted away. Soon after he was taken up.

You recovered all these things? - Yes.

In what time was he brought to you? - In about a quarter of an hour after I took my bundle up.

From the time he took the bundle from you, how long might it be till he dropped it? - About seven minutes, I never lost sight of him till he was taken.

You fainted away; you did not see him then? - No.

How long was it that you did not see him? - About a quarter of an hour.

Was it a light night? - Yes, and there was a great light at the tallow-chandler's; I am sure the prisoner is the person.

Prisoner. I was going up Hart-street; a person took this bundle off this woman's head; she cried stop thief! I ran after him, and they took me to be the thief, and took me to the Compter.

RICHARD HAYWARD sworn.

Between six and seven in the evening of the 5th of this month, as I was coming along Crutched Friars, at the end of Seething-lane, I heard the cry of stop thief! I had not walked ten yards, before I saw the prisoner come running with a bundle under his arm; I turned short round and pursued him; as soon as he found there was a man in pursuit of him, he threw the bundle into the middle of the street, in the cart way; he continued running and I pursued him as close as possible; he was never ten yards from me; he was stopped by a gentleman opposite Savage-gardens; the gentleman had him by the collar; I immediately caught him by the collar on the other side and we secured him, and delivered him to the constable.

Upon your oath, did you ever lose sight of the man after he had discharged himself of the bundle? - Not till after he was taken. By the time we came back, the woman had recovered herself, and took up the bundle. I am sure the prisoner is the man.

DANIEL SHIRLEY sworn.

On last Friday was se'nnight as I was going down Crutched-friars, I heard the cry of stop thief! I stepped into the highway, opposite Savage-gardens. I saw the prisoner running towards me; he came up, and said for God's sake do not stop me. I immediately stopped him.

Did you see a bundle in the hands of the prisoner when you first saw him? - I did not.

ELIZABETH COOPER sworn.

I am a washerwoman. I had this linen to wash; there were eleven shirts, three sheets, a table cloth, a silk handkerchief, and a stock; they were in a bag. I sent it home by my servant, Susannah Class , on last Friday was se'nnight. I did not take notice of the day of the month.

WILLIAM COOK sworn.

I am a constable. I was in London-street, which leads into Crutched-friars, with a brother officer; we heard the cry of stop thief! and went to see what was the matter; we saw the woman with the bundle; she was saving, thank God I have got my bundle! Mr. Shirley immediately brought the prisoner, and delivered him into my custody; when I went before the alderman, the bundle was delivered into my charge.

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

To Class. Were the things in this package at that time? - Yes; that is the bag.

PRISONER's DEFENCE.

I saw a person take up the bundle; I followed him, and cried stop thief! This gentleman stopped me, and carried me to' the Compter. I desired the man not to stop me, because I was frightened.

For the Prisoner.

RICHARD WOODGAR sworn.

I have known the prisoner from his birth; he has borne a very good character. I never heard it impeached before this affair.

- HILLYER sworn.

I have known the prisoner between four and five years. He was a very tractable sober lad, dutiful to his parents in particular. I am a neighbour; I live in Widegate-street, and am a plasterer. I have worked with him at several jobs within these two years. He always behaved very well.

- KENNETT sworn.

I have known the prisoner seven years. He has borne a very good character.

RICHARD FIELD sworn.

I have known the prisoner many years; I always looked upon him to be a very honest instrious young fellow.

THOMAS TAYLOR sworn.

I have known the prisoner from his birth. He was always a good boy; he bore the best of characters.

WILLIAM GRIFFIN sworn.

I live in Widegate-street, within two doors of the prisoner. I have known him two years and better; I never heard an imputation on his character. His father sometimes did a job for me; he fronted the lower part of the house; the lad worked with him. I had very great property there, which he might have taken if he would. He bears a very good character.

JOHN ATLEY sworn.

I have known the prisoner ever since his birth. I lodged in his father's house above four years. I never heard any thing, but what he was just and honest.

WILLIAM GREEN sworn.

I have known the lad going on three years. He bears a very good character indeed. I have entrusted him in my house several times. I had things of value about.

JOHN HAUGH sworn.

I have known the prisoner between twelve and thirteen years; I have worked with him where he has been in great trust; he always had a good character and great delight was taken in him.

ANOTHER WITNESS sworn.

I have known the prisoner between three and four years; he has always been very assiduous in his father's business.

Court. As far as character goes he seems to have established it by a great number of witnesses.

A witness. There are as many more as have been examined to his character.

- BOTT sworn.

I have been almost daily at his father's house, he bears a good character.

WILLIAM FORREST sworn.

I have known the prisoner upwards of four years; I have always understood that he was a lad of a sober and industrious character; he has worked in my house; I employed his father I have trusted him with things of value; I never had the least surmise that there was any thing dishonest about him.

GUILTY DEATH .

Tried by the London Jury before Mr. BARON PERRYN .

(He was recommended by the jury to his Majesty's mercy .)

162, 163. JOHN HOPPY and SAMUEL MARTIN were indicted, the first for stealing five gallons of lamp oil, value 10 s. the property of George Rogers , and the other for receiving the above oil, well knowing it to have been stolen , February 6th .

GEORGE ROGERS sworn.

I am a tin-plate-worker and lamp lighter in White Cross Street ; the prisoners were my servant s. I employed them to light lamps. On the 6th of February about ten at night, after I had paid them their wages, Hoppy came into my shop and said he wanted to speak to me; I took him into the kitchen and asked him what he wanted; he fell a crying, and said he had been a thief to me ever since May; that he was obliged to do it by the threatnings of his fellow servants; that they threatened to throw him off the ladder if he did not; he said he had robbed me of oil. I asked him how much he took a day; he said sometimes a pint, sometimes a quart; sometimes more sometime less. I asked him who he sold it to; he said to one of his fellow servants, Samuel Martin ; he said he sold him two quarts about three weeks before at 4 d. a quart; that he had left it off about three weeks, that his life was uneasy. I went to the house of one Mr. Powell, where Martin lodged, and asked Mr. Powell if he saw any oil brought there. He said no; but he said Martin had a locker in the yard. I went there and found five or six gallons of oil; on which I got assistance and went up to Martin's room to take him. I went first into the room, and said to Martin, How came you to use me so? and told him I had seen the quantity of oil below. He said don't be in a passion, I will tell you all. I told him. I was not in a passion: he said that oil below is your property I bought it of Hoppy.

Was Hoppy present? - No.

That oil you found below was your property? - He said it was my oil and that he bought it of Hoppy.

JOHN WALFORD , Esq; sworn.

The prisoners were brought before me, and Hoppy made a voluntary confession that he had stolen oil from his master ever since May last; and sold it to Martin for 4 d. a quart beer measure.

Was Martin present? - Yes. Martin acknowledged at the same time that he had received it from Hoppy.

Did Martin acknowledge that he knew it to be stolen? - No; only that he received if from Hoppy.

Was this confession extorted from him by any threats or promises? - No. Martin wanted to be admitted an evidence. He said he could impeach more of Mr. Rogers's men that he had received oil from.

Was the confession taken in writing? - No; I made a rough memorandum of it.

EDWARD POWELL sworn.

Martin lodged with me and had a locker in my yard to put his tools in as he told me; he lodged with me a quarter and a half; he was very honest as far as I saw; he is a lamplighter. The oil was found in this locker in my yard.

THOMAS HYAMS sworn.

I am a constable. Mr. Rogers gave me charge of Martin, and he confessed that he knew the oil to be stolen when he received it of Hoppy the other prisoner.

Did he voluntarily confess this without any promise? - Mr. Rogers asked him how he came to do it; he told him not to be in a passion; he said he knew it to be his property when he bought it; and that he gave him a groat a quart for it.

GEORGE DENTON sworn.

I am a beadle. Mr. Rogers came to me, and said he had found out a thief, and asked me where he could get an officer. I went with him to see after an officer, and met Hyams; we went together to Mr. Powell's, and then went up s tairs to Martin, and asked him how he came by the oil; he said he know that it was Mr. Rogers's oil, and that he had it for a groat a quart.

To Rogers. What is the value of the oil? - It stands me in about sixpence halfpenny, or sevenpence a quart.

HOPPY's DEFENCE.

He had no more of me since three weeks before Christmas but two quarts; I hope you will show mercy to me and my family; I was driven to what I have done; I have left it off; I have been threatened to be knocked on the head if I did not do it.

MARTIN's DEFENCE.

I never threatened to knock him on the head; he brought it to me; he said he found it at the Three Crane stairs. I asked him if it was his master's property; he said no. I did not know that he stole it.

For Martin.

MARY SWAN sworn

I have known Martin from a boy; he always bore a good character; I never heard any thing against him.

EDWARD DUDLEY sworn.

I have known him eight years, he always bore a good character.

JOHN LANE sworn.

I know Martin; he bears a good character.

HOPPY GUILTY of stealing to the value of 10 d.

MARTIN NOT GUILTY .

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

[Whipping. See summary.]

164. CATHARINE RUSSELL was indicted for stealing a linen bed quilt, value 4 s. a rug, value 2 s. a pair of linen sheets, value 5 s. a flat iron, value 1 s. a copper tea kettle, value 2 s. a mahogany tea board, value 2 s. two tin cannisters, value 6 d. and two brass candlesticks, value 2 s. the property of John Best ; the said goods being in a lodging room let by contract by the said John, to the said Catharine , January 14th .

JOHN BEST sworn.

I let the prisoner two rooms on the ground floor at 7 s. a week; she lodged with me about three quarters of a year; she left the lodging on the 14th of January, without giving me any notice. When she had been gone a week I got a warrant and had the lodging broke open and searched, and missed all the things mentioned in the indictment (repeating them.)

Have you found the things since? - Yes; at the pawnbrokers.

Where was she taken? - At her lodging. She had taken another lodging.

ROBERT AINSWORTH sworn.

I am a pawnbroker. I took in a tea chest, two brass candlesticks, and a sheet about the 14th of November; some from Catharine Russell , and some from her maid.

What did you take from Catharine Russell ? - The tea chest only.

(The tea chest was produced in court and deposed to by the prosecutor.)

THOMAS SHIPLEY sworn.

I am servant to Mr. Dobree a pawnbroker; I have some things claimed by the prosecutor; I did not take them all in; I was present at the taking in of some of them.

When was it? - About two months ago; some were brought by Catharine Russell , and some by her maid. The quilt was pawned by the maid. I don't remember any thing in particular that Catharine Russell pawned.

PRISONER's DEFENCE.

I had not quitted the lodging when he broke it open; he was often in the lodging; I pawned them because I was in great distress; he said he did not mind if I left them in the lodging when I went away.

To the prosecutor. Did she tell you she had pawned them? - Not till after I had taken her up with the warrant.

For the Prisoner.

MARY LUCAS sworn.

I was charwoman to the prisoner; she gave me three articles to pawn, and I pawned them; there was a tea chest in Greek-street I think it was.

To Ainsworth. Do you live in Greek-street? - Yes.

Did Lucas pawn the tea chest with you? - One of them did.

To Lucas. Did you pawn any thing-else? - Yes; the candlesticks and the sheet; she was in great distress when I carried them; she was to get them out as soon as possible. Mr. Best came into the apartment, and said she used him very ill, keeping the things out of his lodging, and paying no rent; that he did not care how long they were out if she paid him his rent.

Where did she live when he said he knew they were out? - In Mr. Best's apartment.

How long did she live there after they were out? - About a week.

ELEANOR WATSON sworn.

Mr. Best took her on my character. She behaved well for months. She is sorry for it, and is ready to make restitution.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

165, 166. SARAH HOWSE and ANNE ARTHIS were indicted for stealing a linen sheet, value 2 s. a linen shirt, value 10 s. and and a muslin neckcloth, value 2 s. the property of George Locke , January 25th .

GEORGE LOCKE sworn.

I am a smith in Baldwin's-gardens ; I lost the things mentioned in the indictment, with many other articles, they were lost off the compter; I was not at home at the time.

MARTHA LOCKE sworn.

I am the wife of the last witness; I lost the things mentioned in the indictment, on Friday the 22d of last month, I put them on the compter, in the shop, in a basket; about ten minutes after a person came in and took the basket; I just saw the glimpse of the person, but could not see who it was. They were taken on two women.

Could you see whether it was a man or woman? - No, I was in another room; it was about nine o'clock at night when I lost them; the watchman took them on the prisoners, and advertised them.

WILLIAM MARTIN sworn.

I am a constable at St. Sepulchre's; the watchman brought these two prisoners with the basket of linen to the watch-house, who could give no account where they got them. I advertised them by the order of Justice Clarke.

STEPHEN JOYCE sworn.

I am a watchman; I brought the things to the watch-house; I found them on Sarah Howse , at the Anchor and Crown in Long-lane.

Was any body with her? - Yes; her mother Anne Arthis . This was about a quarter before eleven o'clock; they came in together and called for a pint of beer; I said to Howse, you have got a pretty basket there; she said yes, she had this basket and the linen sent her out of the country as a present. They had some words in the house, and I saw the table-cloth under Arthis's cloak; I asked her about it she said her daughter took in washing.

Prosecutor. The table-cloth is mine.

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

HOWSE's DEFENCE.

I was very much in liquor. Going across Smithfield, a man gave me these things, and bid me go into a publick-house, and said he would come to me.

(There being nothing to affect Arthis she was not put on her defence.)

HOWSE GUILTY .

ARTHIS NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

[Branding. See summary.]

[Imprisonment. See summary.]

166. CATHERINE SANDERS was indicted for stealing a silver table spoon, value 10 s. the property of Walter Carter , January 15th .

WALTER CARTER sworn.

I am a wire-worker , in Paul's-alley, Red-cross-street . On the 15th of January, the Prisoner came to my house for some foul linen to wash; she was asked into the parlour; after she was gone I missed the spoon.

JOHN SHEPHERD sworn.

I am a constable. The prisoner gave me a spoon in Mr. Carter's yard. He lost it on Friday the 15th of January; she gave it me on Saturday; I went to the pawnbroker's and found the spoon, pawned in the name of Catherine Hill; then I went to the prisoner, and she said that was her name; then I told her she must go with me to Mr. Carter's When we were in Mr. Carter's yard, as I was lifting up the latch of the door I heard something rattle; she stooped and then gave me the spoon out of her hand; she said she kicked it before her. I took her from thence to the pawnbroker's, and he said that was the woman that pawned the spoon. The pawnbroker is not here.

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

PRISONER's DEFENCE.

I found the spoon in the yard, and gave it to the constable.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

167. RICHARD HADDRICK was indicted for forging upon and under a certain paper writing containing as follows:

Dec. 8, 1778.

Mess. Jenkinson and Co.

Bought of John House

2 gallons oil - 0 14 0

A certain receipt and acquittance for 14 s. to tenor following

December 8, 1778.

Rec. the contents By John House .

With intention to defraud David Jenkinson and John Goodluck against the statute, &c. December 8th .

2d Count. For uttering and publishing the same receipt as true, knowing it to be forged, against the statute, &c.

3d Count. For forging upon and under a certain other writing (a bill for 15 s. 4 d.) a certain other receipt and acquittance for 15 s. and 4 d. to the tenor following (that is to say)

Rec. the contents in full Spt. Jarvis.

With intention to defraud the said David Jenkinson and John Goodluck , against the statute, &c.

4th Count. For uttering and publishing the same receipt as true, knowing it to be forged against the statute, &c.

5th and 6th Count. The same as the 3d and 4th, only the signature being St. instead of Spt.

7th and 8th Count. For forging and uttering and publishing a certain other receipt upon and under a certain other bill for 14 s. to the tenor following

Rec. the contents by me John House

with the same intention against the statute, &c. December 11th.

9th and 10th Count. For forging and uttering and publishing a certain other receipt upon and under a certain other bill for 15 s. 4 d. to the tenor following

Rec. the contents by me S. Jarvis.

with the same intention against the statute, &c. December 12th.

DAVID JENKINSON sworn.

I live at Charing-cross; I am in partnership with John Goodluck ; we keep a lottery-office .

Court. Is there a person really existing of the name of Goodluck, or is it an assumed name? - No; there is such a person in partnership with me. The prisoner was employed by me and my partner in an office in Pall-Mall . About the 13th of December last, I was looking over a bill of sundry expences that were incurred at that office in Pall-Mall, and seeing two dozen of candles every other day charged, when I knew they did not burn three pound a day, I imagined there must be some bad tricks played, either that they had not been laid in, or that they must have been carried off; they were both for candles and oil; I was determined that evening to find out how it was. I went to Mr. Jarvis, a tallow chandler in Pall-Mall, showed him my bill; these bills were delivered to me by a principal clerk of mine his name is Hendley Nind , I questioned him with it; he denied it and proved that this lad always brought to him the bill and receipts as he always gave him the money for it. I went to Mr. Jarvis, and showed him the bill of parcels; they were his blank bills of parcel, but were not filled up-by him, nor any body belonging to him; the boy (the prisoner) I understood afterwards, had begged blank bills of him and then filled them up.

Court. Had it been the practice to pay ready money for the goods you had of Jarvis? - Yes; there was no account subsisting between us.

Court. The prisoner seems very young; in what capacity was he employed in your office? - As an errand boy ; to snuff candles and such things.

Not entrusted? - Yes; he has come with lottery tickets and cash to a considerable amount.

Court. Was he employed in any business as a writer, entering your books or the like? - No.

What age is he? - About thirteen.

Cross Examination.

You always found the boy honest in the lottery tickets and the cash you entrusted him with? - I never found him otherwise in that.

Have you any other partner besides Mr. Goodluck? - No.

Not in either shop? - No.

JOSEPH MARTINEAU sworn.

I am apprentice to Mr. House; I remember the prisoner coming for oil; he always paid for it, and never had a bill or receipt.

Did you give him no receipt for these payments? - None at all.

HENDLEY NIND sworn.

Are you a clerk in the office of Jenkinson and Goodluck? - I was so in their office in Pall-Mall.

The principal clerk? - Yes, I was.

Of what number of persons does that partnership consist? - Mr. Jenkinson and Goodluck.

Only of those two? - Yes.

Do you know the prisoner? - Yes, he was an errand boy there.

You know he is now indicted for forgery? - Yes.

What do you know of that matter? -

Mr. Jenkinson on the 15th or 16th of December last, it was on a Monday, I think it was the 15th, came to me in Pall-Mall and asked me if I knew any thing about any receipts of the tradesmen, which he produced to me afterwards. I told him for those receipts I had given the prisoner the money to pay; I always gave him gold to bring me change, because I would have silver. Mr. Jenkinson asked me whether those bills were paid. I told him they were by the boy. He afterwards said that for those bills no such money had been paid. He had enquired something of the tradesmen and had found the sum of money charged in the bills had not been paid. Mr. Jenkinson has got the receipts, I believe.

Court. Have you got these receipts?

Jenkinson. No; I had them in court last sessions. The boy was then to have been tried. I think I remember taking them home safe, and putting them into the top of a writing desk. I looked for them this morning, and they were gone.

Court. Unless you produce them, and they are compared with the record, and found to be exact with that, the prisoner cannot be convicted.

Jenkinson. I searched for them this morning, and could not find them.

Court. I suppose this was intended. You did not bring the receipts I suppose by design? - I had them in court last sessions, when he was to have been tried, but since that I have lost them.

Court. But you must know these receipts were material to have been produced in evidence; and, therefore, you ought to have been as careful of them as of Bank notes. - I did take care of them, and put them in a drawer. I never looked for them since till this morning, when I could not find them.

Court. Gentlemen of the jury, you must acquit the prisoner.

NOT GUILTY .

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

168. NAPTHALI JACOB was indicted for burglariously breaking and entering the dwelling-house of Joseph Smith , on the 24th of January, about the hour of seven in the night, and stealing two large copper stew-pans, value 20 s. a large copper fish-kettle, value 18 s. a copper lid of a fish-kettle, value 4 s. and a copper lid of a boiler, value 4 s. the property of the said Joseph in his dwelling-house .

JOSEPH SMITH sworn.

I keep a house in Shoreditch . On the 24th of January , at about seven o'clock in the evening, my house was broke open. The two sashes on the ground-floor were open; the frame of one of the windows was broke. I had shut the windows, and fastened them in the inside with an iron pin. When I went into the room, one of the windows was down flush. The person must have got in at the top of it; the other sash was up. I missed the things mentioned in the indictment (repeating them). The window looks into a publick passage. I saw the things in the room ten minutes before, and the windows were both fast. No person had been in the room from the time I saw the things there to the time I missed them. When I went into the room I saw the prisoner go from the window. I pursued, and laid hold of him; he made a plunge to got away I secured him; he dropped a bag with the things. I am sure there was copper in the bag by the rattle of it. Deathridge came up, and I told him where the bag was.

JOHN DEATHRIDGE sworn.

On the 24th of Janury, a little after seven o'clock, I heard somebody cry out. I met Mr. Smith; he told me he had been robbed, and that I should find the bag of things in the beginning of the passage. I went and found the bag in the place he directed me to. I brought the bag to the Rose, and then went to the White Hart; there the prisoner took out a string, and said that string belonged to the bag.

WILLIAM SAVELL sworn.

I was at the White Hart; the prisoner took out the string, and said it was the string of the bag.

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

PRISONER's DEFENCE.

I have got my character here, and have got witnesses to it. I am innocent of the affair; I was at Hoxton burying-ground. He could not swear that I was the man that broke his window open. He said at the justice's that his window was lifted up.

For the Prisoner.

- BARROW sworn.

I know the prisoner; I have employed him a great many times; I never found any thing amiss of him in my life. I have trusted him with things of great value; he was always true and honest to me.

Court. How long ago is it since you employed him? - About two years.

- PARKER sworn.

I have known the prisoner twelve or fourteen years; he always bore a good character. I have sent him to the inn for parcels of great value. I never knew any harm of him.

Court. How lately have you employed him? - About three months ago.

HENRY JACOBS sworn.

I have known the prisoner from his infancy. I intrusted him with a draft of 60 l. about eight or nine weeks ago, if he was cleared I should not be afraid to trust him with a hundred pounds more. I am a merchant; I believe he is an honest man.

SIMON DAVIS sworn.

I have known the prisoner from his youth; he has done a great deal of business for me. I have entrusted him with many score pounds above three years ago. I always found him true and honest.

GUILTY Death .

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

169. JOHN PORTSMOUTH was indicted for stealing a leather trunk, value 5 s. forty-four pair of silk stockings, value 5 l. thirty-five linen shirts, value 5 l. five pair of laced ruffles, value 5 l. twenty pair of worsted stockings, value 20 s. twenty-two pair of cotton stockings, value 22 s. fourteen cambrick handerchiefs, value 20 s. five pair of worsted socks, value 5 s. seven linen stocks, value 7 s. nine cotton night-caps, value 9 s. three linen neckcloths, value 3 s. and ten printed books, value 10 s. the property of Robert Aberdeen , January 24th .

ROBERT ABERDEEN sworn.

I am an officer in the militia . In the evening of the 24th of January I set out from London for Southampton in a post-chaise, and had two trunks; one tied on before, and the other behind. I changed horses at Hounslow , and proceeded to Staines ; on arriving at the inn at Staines I missed the trunk that was put on behind. I sent a servant back to see if it could be found upon the road. He returned soon after, and could get no intelligence of it.

What was in the trunk? - A great quantity of linens, shirts, silk stockings, handkerchiefs, and things of that sort. I saw them put into the trunk; there was about three dozen of shirts, about forty pair of silk stockings, a great many handkerchiefs, and a few books. I sent an express to London to give information at Sir John Fielding 's.

Did you find any of your things? - All of them, almost. Sir John Fielding's people will give an account of the discovery.

WILLIAM RICHARDS sworn.

I am a pawnbroker. On the Tuesday after this gentleman was robbed, a woman offered to pawn three pair of stockings with me; but finding they agreed with a hand-bill I received the day before from Sir John Fielding 's, I stopped her, and took her to Sir John's; the prisoner followed her; she was said to be his wife.

Did he say she was his wife? - Not at that time. He said he was an acquaintance of the woman, and would see her righted.

Was he in your house? - No. When I went out with her he was in the street, and followed her.

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

GWINN OWEN RADFORD sworn.

I am a pawnbroker. I took in two pair of silk hose on the 26th of last January of a woman, by the name of Mary Atkinson .

You do not know the woman? - I should know her if I was to see her. I saw her at Sir John Fielding's.

You do not know whether that woman has any connexion with the prisoner? - No. I do not of my own knowledge.

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

JOHN DUPREY sworn.

I am a pawnbroker. On the 26th of January I took in three pair of silk stockings of a woman, who said her name was Mary Atkinson .

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

JOSEPH GAITSHELL sworn.

I am a pawnbroker. I took in two pair of silk stockings, on the 26th of January last, of a woman who came in the name of Mary Atkinson , who was proved to be the prisoner's wife at Sir John Fielding 's.

Did he call her so? - He did.

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

JONES ASHMORE sworn.

I am a pawnbroker. I took in three pair of silk stockings, on the 26th of January, of a woman in the name of Elizabeth Atkinson .

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

HENRY GRUNDAY RENSHAW sworn.

I am a pawnbroker. On the 26th of January I took in two pair of silk stockings of a woman in the name of Mary Atkinson .

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

JOSEPH FLEMING sworn.

I am a pawnbroker, I took in two pair of silk stockings of a woman by the name of Mary Atkinson .

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

JOHN SALKELD sworn.

I am a pawnbroker. I took in two pair of silk stockings of a woman of the name of Atkinson.

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

JOHN GRAYSON sworn.

I am a pawnbroker. I took in two pair of silk stockings of Mary Atkinson .

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

CHARLES JEALOUS sworn.

When the pawnbroker stopped the woman, and brought her to Sir John Fielding 's, the prisoner came up along with the woman. The prisoner coming up with her, he was asked where he lodged; the woman replied, that she lodged at Brentford. I went and enquired at Brentford, but could not find any such person. I met a postboy, who directed me to the prisoner's lodgings at Hounslow. I went to his lodgings, and found a large box of Mr. Aberdeen's property. The woman of the house told me it was the prisoner's lodging.

WILLIAM BARNETT sworn.

On the 26th of January, between five and six o'clock, when the prisoner and the woman were examined, they confessed where the things were pawned.

Did the man confess? - The woman.

Did the man confess? - The man told me the things were at his lodging at Hounslow, all but what were pawned.

Did he tell you were his lodgings were? - Yes; at Hounslow, opposite the Rose and Crown. He said he could go with us to all the pawnbrokers.

Jealous. The lodging was opposite the Rose and Crown.

To Barnett. Were there any promises made him to induce him to confess? - No. I found a handkerchief about his neck, and he directed me to a publick-house near Sir John Fielding 's, where I found ten pair of silk stockings.

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

Jealous again. What did you find in his lodging? - I have not the inventory; there were thirty-five shirts.

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

Prisoner. They say my lodging is opposite the Rose and Crown. I lodge opposite the King's Arms.

Jealous. I believe it is opposite the Rose and Crown. I will not be positive.

PRISONER's DEFENCE.

I was going to Staines, early in the morning, I saw something lying out of the road. I went to see what it was, and found it was a box broken to pieces. I took it home to my wife. I can neither read nor write, and did not know the consequence of it. I found it about a mile and half on the other side Hounslow a little after five in the morning.

To Aberdeen. What time did you pass that part? - About half past six in the evening.

How was the trunk fastened? - With straps.

Did the straps appear to be cut? - I did not see the straps till they were produced at Sir John Fielding 's. I cannot swear they were cut; they appeared to be so.

Were the straps so fastened that it could not jolt off? - Yes; they were.

Jury. How far did your servant go back that night? - As far as Hounslow.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

170. SAMUEL WALKER was indicted for stealing a silver watch, value 50 s. the property of Thomas Lawrenceson , February 7th .

THOMAS LAWRENCESON sworn.

On the 7th of February, in the evening, my wife and I went out. I left the watch hanging over the chimney-piece; we left Maria Henderson and her sister in the house when we went out; when we returned the watch was gone.

GEORGE ANDREWS sworn.

I was at Mr. Lawrenceson's to tea; there was a watch hanging up at the fireplace when I was there. At eight at night the prisoner came down stairs; he is a journeyman to my father, who is a barber, and lives opposite to Mr. Lawrenceson's. My father's apprentice was there with me.

MARIA HENDERSON sworn.

Mr. Lawrenceson desired me to come down stairs, and stay with my sister, when he went out. About eight o'clock there was a knock at the door. I went to the door; there was a man had brought a pot of beer to my sister; the prisoner was at the door. The prisoner asked if George was there, that is his master's son. I said he was, and he went down to him in the kitchen: as I was shutting the kitchen window I saw the watch hanging up in the kitchen. He said, whose watch is this? I said mine, not thinking any harm; he said again, whose watch is this? I said Mr. Lawrenceson's. He went out of the kitchen; when he was gone I missed the watch. I said he has got the watch; the apprentice said he would go after him; he came back, and said he could not find him. Presently the prisoner came in, and asked if we had found the watch.

Has the watch ever been found? - No; it has not.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

171, 172. JOHN RICHMOND, otherwise BROWES , and ANNE his wife were indicted for stealing sixteen linen aprons, value 16 s. seven linen shifts, value 7 s. ten handkerchiefs, value 4 s. sixteen linen napkins, value 8 s. six linen frocks, value 3 s. four linen shirts, value 4 s. eight linen sheets, value 16 s. and a cradle quilt, value 6 d. the property of Agnes Horbbins , widow , in her dwelling-house , January 26th .

AGNES HORBBINS sworn.

I live at Islington ; I am a pawnbroker . In January last I lost a great quantity of goods out of my warehouse.

What were they? - I have an inventory of them. I cannot tell what they are without referring to the inventory.

What is it an inventory of? - My goods that that gentleman and his wife took away from me.

Of the things found in his possession, or the things found missing? - The things found in his possession, and which he sold to the Jews.

Did you lose any aprons? - Yes. There may be two or three dozen; they had a room next to the warehouse.

Are you sure you lost a dozen of linen aprons? - Yes.

Any linen shifts? - Yes; a dozen of them.

Any handkerchiefs? - Yes; fifteen or sixteen in one parcel; half a dozen of linen frocks; there might be a dozen or two of linen shirts. I cannot say exactly.

Are you sure there were four? - Yes.

Were there any linen sheets? - Yes.

How many? - Twelve.

Cradle quilt? - Yes.

When did you see them in the warehouse? - About three days before they came to take this room. They had been in a fortnight on the Monday; he was to have gone away on the Monday he was taken up; on the Saturday I missed the things, and got a warrant, and went with Redgrave the constable to his room; he was not at home; his wife was. While we were in the room, a man came with a knot, and two penny cords to carry away a box which was in the room; we broke it open, and found in it a cradle quilt, four sheets, and many more things my property. The bills were on some of them when they were found, and some were taken away. Mr. Richmond owned before the justice, on the 30th of January, that the property was mine.

Was there any confession taken in writing? - I believe so. When we broke open the box; I said to Mrs. Richmond, how could you serve me so? She showed me where he had broke down the partition, between the warehouse and his room, and had got in; both she and Mr. Richmond said they were mine.

What is the value of your goods found in the box? - At the least, they cannot be of less value than five pounds.

Describe how the warehouse stands. Is it in your dwelling-house? - Yes; up two-pair-of-stairs.

JONATAN REDGRAVE sworn.

I am a constable. I was sent on the 30th of January to execute a search warrant in the apartment of the two prisoners. I went up stairs; the wife was in the room; there was this box standing upright in the room. I said I had a search warrant, and must have the box opened; she said she had not the key. I told her then I must break it open, which I accordingly did, and the first thing I saw was a shift, with the pawnbroker's duplicate on it. The prosecutrix said, how could you rob me? She cried; the prosecutrix then asked her how they got into the warehouse, upon which she showed her the board he had occasionally pulled down to get in; I left the prosecutrix with her, and went down stairs to wait for his coming home; when he came in, I fastened the street door, and followed him up stairs, and told him he was my prisoner.

Was any thing said to you by him, or by you to him? - No. I took him before the justice, and after a long examination, the justice got out of him where he had taken another room.

Was there any confession taken in writing? - No; I believe not, nor any promise made that I know of. He said he had taken a room near the Horns, in St. John's-street; he did not say then that the things were the prosecutrix's property. We went to the lodging in St. John's-street and found another box, with some of the prosecutrix's goods in it. When we brought the goods from that lodging; he then said to the justice, I have sold some. The justice asked him to whom, and for what, and he said he had sold between five and six pounds worth to two Jews.

You do not know what those things were? - No; he confessed before the magistrate, that he took them out of the warehouse and gave them to his wife.

You are sure there was no confession taken in writing? - I do not remember that there was.

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

PRISONER's DEFENCE.

I had been out one day; when I returned I found these things in the room; my wife told me her mother sent them to her and asked me to sell them; she said they were her own property; I sold some and took some of them to my lodging in St. John's-street; I did not know who they belonged to.

(The woman being the wife of the other prisoner was not put on her defence.)

JOHN RICHMOND GUILTY Death .

ANNE RICHMOND NOT GUILTY .

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

173. JOHN HUDDEY was indicted for breaking and entering the dwelling-house of Henry White , on the 2d of February , about the hour of two in the night and stealing a linen bed quilt, value 6 s. four woollen blankets, value 30 s. two linen sheets, value 20 s. two linen tablecloths, value 8 s. a woman's black silk gown, value 4 s. a man's flannel waistcoat, value 2 s. a man's silk waistcoat, value 3 s. a pair of cotton stockings, value 1 s. three green stuff bed curtains, value 20 s. one wicker basket, value 6 d. a glass quart bottle filled with Madeira wine, value 2 s. another glass bottle filled with red port wine, value 1 s. 6 d. another glass bottle filled with claret wine, value 3 s. a small looking glass, value 3 s. a glass quart decanter, value 2 s. a glass tumbler value 3 d. two ounces of Italian soap, value 3 d. and an earthen ware cream pot, value 2 d. the property of the said Henry White , in his dwelling-house .

HENRY WHITE sworn.

I have a house at Kensington ; I lived there in October last, and then quitted it, and came to London, but I left my furniture in the house, and meant to return there again; the house was locked up and I did not leave any servant to take care of the furniture. On Wednesday the third of February I went there and found that the house had been broke open. A very large nail which I had driven in a back window towards the garden, had been forced. Upon entering the house I missed a great many things. On Thursday the fourth, I saw the curtains, two bottles of wine, and two waistcoats, at the office in Litchfield-street, which I knew to be mine; I described the marks on the bottles before I saw them; the marks were found to tally exactly as I described them. I left them all in the house when I came to London. I had not myself seen them for near three weeks before the time when they were stolen. The gate before the front door of the house had been forced; the box of the lock was broke.

SOPHIA WHITE sworn.

I was at the house at three in the afternoon, before the house was broke open; I then examined the house, and this window in particular was safe and well secured, and so likewise was the gate before the house. The things mentioned in the indictment were all then in the house.

WILLIAM SPENCER sworn.

I am a constable. These goods (producing them) and the prisoner were brought to me at the watch-house, the goods have been since constantly in my possession.

PATRICK WHITE sworn.

I am a constable. On the third of February, between five and six o'clock in the morning, I saw the prisoner with these things in a bundle in Pall-Mall, he was going towards the Hay-market; I walked with him as far as Cockspur-street; then I made him lay them down; I rung my rattle; M'Kennon, my partner came up and we led the prisoner to the watch-house.

( Hugh M'Kennon confirmed the evidence of the last witness.)

JOHN DIXON sworn.

I was present before the justice; I proposed searching the prisoner; he was searched, and this piece of soap was found upon him.

Mrs. White. This piece of soap was taken out of the house I know it by the dent which is upon it.

(The goods were produced in court, and deposed to by Mrs. White.)

Dixon. The prisoner was asked where he got these goods or whose they were; he then he was belonged to one Croft or Cross, and he was removing them for fear they should be seised by an Excise officer, because the man kept a private still.

PRISONER's DEFENCE.

I went to bed at nine at night; on the next morning I got up at four; between Kensington-Gore and Hog-lane; I found two parcels, that was, one bundle and the bottles in a basket; I picked them up in a ditch by the road side; I was going to carry them home to my lodgings, thinking to have them cried. The watchman stopped me in Cockspur-street; he asked where I was going with that bundle; I said I was going home with a bundle I had picked up; I went with him to the watch-house without making any words, and carried the bundle upon my back. I picked them up within half a mile of where the other two parcels were picked up. I am a gardener and had lived at Pimlico seventeen years.

For the Prisoner.

MARY WHITEHEAD sworn.

I saw the prisoner in bed, on the second of February, at ten at night; I heard him go down on the third, at about four in the morning; I heard the clock strike four just after. He lodged in the next room to me; we cannot move without hearing one another.

How long has he lodged at your house? - About two or three months; his wife nurses my children when I go out a washing.

JAMES WHITEHEAD sworn.

I live in the next room to Mr. Huddey, in Church-lane, St. Martin's; I saw the prisoner in bed at ten o'clock on the second of February; I got up early to work the next morning; I went down to the vault; I met him as I was coming up with a candle in his hand; the clock struck four soon after I was in the room.

Prisoner. There was one of the neighbours before the bench of justices said he saw three or four men the night before the house was broke open.

Dixon. I have asked Mr. White; I do not recollect any thing about it.

Mr. White. A person came from Kensington to look at the prisoner. She said she had seen people catching birds the day before about there, when she saw the prisoner she said she had not seen him before.

Dixon. A bricklayer and some other people offered to sit up in Mr. White's house, expecting the thieves to come the next night. The bricklayer said he saw two men, and when he came out they ran away. That is what the prisoner means, I believe.

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

Death .

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

(The prisoner was recommended by the Jury to his Majesty's mercy .)

174, 175. FREDERICK JOHN EUSTACE and HENRY LANGHAM were indicted for breaking and entering the dwelling-house of the Right Honourable Thomas Earl of Clarendon , on the 23d of January, about the hour of nine in the night, and stealing ten linen shirts, value 3 l. eight muslin neckcloths, value 12 s. nine pair of thread stockings, value 12 s. four pair of worsted stockings, value 8 s. a pair of silver shoe-buckles, value 7 s. five linen handkerchiefs, value 5 s. and four guineas in monies numbered, the property of Henry Johnson , in the same dwelling-house .

HENRY JOHNSON sworn.

I am second coachman to Lord Clarendon, in Upper Grosvenor-street . Eustace lived fellow-servant with me at Lord Clarendon's; he was upper coachman.

Was he in his lordship's service in January last? - No; he left his lordship in the summer. On Saturday the 23d. of January , between eight and nine o'clock, as near as I can guess, the coach-house doors were broke open.

Had you seen the coach-house doors safe before? - My fellow-servant, John Cowen , fastened them.

Were there any marks of violence? - I did not see any, the man who was with me thought he saw a mark of a stick which had been put in to force it open; the door was broke open and the persons who committed the fact went up stairs into the room where we lie, over the stable, and took my box.

What was contained in that box? - There were four guineas in it, a pair of shoe-buckles, ten shirts, eight neckcloths, and thirteen pair of stockings, nine pair of thread and four pair of worsted, five handkerchiefs, and a new thickset waistcoat.

Any thing else? - No.

These were all taken away? - Yes. The box was found on Sunday morning, in Hyde Park, split from the top to the bottom, and a box that was in it, with my money, was broke too; we suspected the prisoner Eustace; the prisoners were taken up, I went to see them in prison, and found one of my shirts on Eustace, and one of my neckcloths about his neck, and a pair of my stockings on. There was a letter found in his pocket directed to a woman, to go to New-street, Carnaby-market, to fetch some linen, Dixon and Macdonald went there and found some more of my linen at his washerwoman's.

Who was this letter directed to? - I forget the name. We found two pair of stockings and a neckcloth there; since that a woman gave Macdonald a handkerchief, which Langham gave her to pin before her child.

What is the situation of this coach-house and the room were the things were, was it behind the house? - Yes.

Is it connected with the house by walls or separated from it? - It is connected; there is a passage runs from it to the house.

JOHN COWEN sworn.

I am upper coachman to Lord Clarendon. I shut the coach-house door, as I usually do, about eight o'clock. I was to fetch my lord, who was at the Opera, at ten o'clock; I fastened it, as we usually do when the coach is going out again; there was a bar across the door, and an iron rail over the bar.

Was it difficult to open the coach-house door on the outside? - No; it might be done with a stick or long knife, but it could not be done with a hand.

You say it was fastened in the usual way? - Yes.

Did you when you had fastened it go into the house? - No; the other coachman, the position, and I went to a publick-house, just by, to have a pot of beer; when I came back the door was open.

Could there be an admission into the coach-house any other way? - No; there is a way through the stable, but the stable door was locked.

Had the persons got into this room through the coach-house door, or any other way? - Through the coach-house door.

Did you observe any mark on the coach-house door? - No.

How could it be opened? - It might be opened by putting in a stick and lifting the iron off the bar.

SARAH BETNEY sworn.

I am a washerwoman. I was employed by both the prisoners; I live in New-street, Carnaby-market. I had a neckcloth, and two pair of stockings belonging to the prosecutor from Henry Langham ; he brought them on the Sunday morning, after the robbery was committed. I had two shirts belonging to themselves; they asked to leave some clean linen, and came and took them away on Monday morning.

Were they both together? - Yes.

When were they taken up? - I believe on the Wednesday.

To Johnson. Were any of the things dirty when you lost them? - One pair of stockings, all the rest were clean; these are the stockings.

Betney. There was an inventory taken of the clean things by Mr. Rozea, because they were in liquor.

THOMAS ROZEA sworn.

This is an inventory of the linen (producing it) which Mrs. Betney desired me to make of the linen left with her.

Was it made in the presence of the prisones? - By their desire equally.

By the desire of both of them? - By the desire of both of them; the linen was on the bed; I did not count the linen myself; I made the list from the prisoners, and her verbal account.

Is it a true account as they mentioned them to you? - The prisoners looked it over and were satisfied with it; it was delivered to one of the prisoners, and it was afterwards found in their custody. (The inventory read as followeth:)

Six clean shirts, two dirty shirts, ten pair of clean stockings, two pair of dirty ditto, four clean neckcloths, three dirty, one clean handkerchief, one dirty, and one waistcoat. This inventory taken by me Thomas Rozea , Sunday morning, January 24th, 1779, at the request of Frederick Eustace and Henry Langham . The above were brought to my lodging,

Sarah Betney .

To Rozea. Does the washerwoman lodge with you? - Yes; I was at breakfast with her when the prisoners came.

Betney. They changed their linen with me on Sunday morning; they left their dirty shirts, and put on some of the clean ones.

JOHN DIXON sworn.

On the Wednesday after the robbery, I apprehended the two prisoners, but not for this fact. A person came to the office and laid an information against them, as two highwaymen, and directed us to their lodging in James-street; I went and found the two prisoners in one bed, with two girls; I did not find any thing there; I went to the washerwoman's and saw the linen; I found that inventory in Langham's pocket. As soon as the coachman came to the office, Macdonald and he went to the prison. The coachman afterwards went with me to the washerwoman's.

EUSTACE's DEFENCE.

I met this man on Sunday morning with the bundles which I had bought in Monmouth-street; he said I had better go and leave them at the washerwoman's for safety; I met him (Langham) in Compton-street.

Dixon. He said before the justice that he bought them of a Jew; the justice asked him what Jew; he said it might be a Turk for what he knew.

Eustace. I bought them of a Jew woman in Monmouth-street; I gave two guineas and a half for them; Langham is innocent of any thing of the kind.

LANGHAM's DEFENCE.

I did not see this young man till I met him on Sunday morning in Compton-street; we went and had a pint of purl, and then went together to the washerwoman's.

For Langham.

PETER LANGHAM sworn.

I am the prisoner Langham's brother; I am an upholsterer in James-street, Golden-square. I was very much surprised to hear of his being taken up, or being with a thief; it alarmed me very much; I never heard any thing of the kind of him before; he was bound apprentice to me; we did not agree; he left me about six months ago, and got a service in a family where a brother-in-law of mine lived as a footman; he had been out of that service about a fortnight, and lived at my brother-in-law's; my brother-in-law protected him; he had offended me very much; I did not suffer him to come to my house.

I suppose when he lived with you he behaved very irregular? - He did; but he never was out of my house after ten o'clock. I could wish to save his life.

Court. If you have heard the evidence you hear he was become so abandoned as to be found in bed with two girls and another man.

(Macdonald produced a shirt and a pair of stockings which he took off Eustace, and a handkerchief he received of a woman who told him Langham gave it to her, and they were deposed to by the prosecutor.)

ANDREW PATTERSON sworn.

I have known Langham about eighteen months; I never knew any thing bad being laid to his charge before. I live in New Street, Golden Square.

Have you had any occasion to take notice of Langham's behaviour? - Yes; I was two or three times a day in the house.

How did he behave in your observation? - Very well.

Court. His brother says he behaved very irregular? - I could not know so much of him as his brother.

- DUDLEY sworn.

I have known Langham two years; I know nothing bad of him; I was intimate with the family; I was astonished when I heard of this affair.

SAMUEL JONES sworn.

I live at New Inn; I have known Langham about a twelve month; this is the first time I have heard any thing against him; I always heard he had a good character till this affair.

Eustace. I told Langham to take the inventory, because I had no pocket book and he had one.

EUSTACE NOT GUILTY of the burglary, but GUILTY of stealing in the dwelling house , Death .

LANGHAM NOT GUILTY .

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

176. SARAH the wife of James Hill was indicted for stealing two linen gowns, value 10 s. a linen bed gown, value 2 s. a silk and stuff gown, value 10 s. a blue silk petticoat, value 18 s. a white dimity petticoat, value 3 s. two flannel petticoats, value 2 s. a scarlet cloth cardinal, value 5 s. six linen shifts, value 8 s. four check linen aprons, value 3 s. four linen handkerchiefs, value 3 s. two pair of worsted stockings, value 2 s. and two pair of cotton stockings, value 3 s. the property of Elizabeth Martin , spinster , in the dwelling house of Anne Davis , widow, Sept. 27th .

ELIZABETH MARTIN sworn.

I am a warper in the silk trade . In September last I lived as servant in the family of a Mr. Lenton; going into this service I had left, at the house of Anne Davis , with whom I was acquainted, and who lives in Shoreditch , about three weeks before the 27th of September, all the clothes which are mentioned in the indictment ( repeating them) they were in a trunk; I only took some clothes with me that I wanted for immediate use at my place, because I was not certain whether I should continue in it or not; a notice came to my mistress's house on the 27th of September last, when I was gone to bed, that Mrs. Davis's house had been robbed; and that no other room had been robbed, except the garrett where my clothes were kept; I being gone to bed heard nothing of it till next morning; as soon as I received this information the next morning, I went to Mrs. Davis's house; I went up into the garret where the clothes had been left, and found the prisoner and her husband by the fire; this apartment had been let for some time preceding to the husband of the prisoner, and my trunk was still left in the room at the time the prisoner and her husband took possession of it. I was a stranger before this time that the apartment had been let. When I came there the prisoner told me that she had suffered by the robbery as well as me, for she had lost several things, particulary some of her husband's shirts; a gold ring that had been her mother's; and a silver spoon. I returned home to my place and on the Monday following the prisoner came to my mistress's and desired I would go with her to the justice's and get a search warrant, and that she would be at half the expence, having lost some of her property. I went with her to justice Wilmot's, there I was examined and made oath to my loss; and the prisoner took oath to her pretended loss of shirts and spoons which she said were stolen. In consequence of this oath a search warrant was granted and executed, but nothing was found; afterwards I received information that the prisoner had offered some of my things to sale; thereupon I took her up; this was about three weeks ago; when she was taken up she confessed that she had pawned several things, and directed us to the pawnbroker's; and in consequence of that information I went with the prisoner to the pawnbroker, and there found part of my property; the silk and stuff gown, the blue petticoat, a dimity and a flannel petticoat.

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

Martin. They were wrapped up in one of the linen handkerchiefs which I lost. I had some conversation with the prisoner, who told me that another woman went into the room and drew the staple; and that she had sold the rest of the things in Petticoat-lane; and in returning from the sale she had been run over by a cart and killed.

WILLIAM NORRIS sworn.

I am servant to a pawnbroker (produces a bundle of goods). These several articles were pawned at my master's by a woman in the name of Margaret Ellam ; and I verily believe that the prisoner was the person that pawned them in that fictitious name; I lent twelve shillings upon them.

ANNE BINDING sworn.

I am a servant to Mrs. Davis. The evening the robbery was committed the prisoner came down stairs from her apartment, and desired she might leave a candle upon the dresser till she returned again; she was permitted to do that, and she afterwards came in between nine and ten at night together with her husband. They went up stairs; she made a noise; at that time the staple of the door was drawn; when she went out she locked the door it is to be supposed; for at the time when she went out, and put down this candle, between nine and ten at night, the staple could not have been drawn; for I should have discovered it then if it had; but she must want it to be understood to be between the time she went out, which was about three quarters of an hour, to her return, that it must be done; they made an outcry and came down and informed me the robbery had been committed and the staple drawn. I went up, there were two blankets against the window, and the prisoner said the persons that had committed the robbery must have made their escape through the window.

ANNE DAVIS sworn.

I let the lodging to the prisoner. She and her husband were well recommended to me. I let her this apartment; she removed some things of her own there. I was in a hurry, going to Smithfield, and did not observe whether the prosecutrix's box was there, at the time she came down and desired to put the candle on the dresser, and said she was going to the pay-table where her husband was paid. She put it down on the dresser, and returned again in about three-quarters of an hour.

Was there any person with her when she came down with the candle? - No; there was no living soul with her, but a poor candle in her hand.

PRISONER's DEFENCE.

There was a woman came into my house that was acquainted with my husband. I knew nothing of her, only I thought she was honest; she often got very drunk; she had come in that night I went out; and after the Monday morning I happened to see her. She came to this Mrs. Davis; she said I will make you acknowledge it. I said I have lost my good character that I have carried all my life. I have bore nine children. She was quite drunk; she said, if I would let her sleep, she would come on Monday night and tell me every things; and as she was coming up on Monday night, she was killed in Petticoat-lane by an accidence.

GUILTY Death .

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

(She was recommended to his majesty's mercy .)

177. THOMAS SPENCER was indicted for stealing a silver shoe-buckle, value 4 s. the property of William Lutwyche , January 25th .

WILLIAM LUTWYCHE sworn.

I keep a silver-smith's shop in Fenchurch-street . The prisoner came to my shop and asked to look at some silver buttons. I went behind the compter, the prisoner followed me. as I was going inside the compter, I looked over my shoulder and observed him take something up and put it into his pocket; upon looking about I missed this buckle; I went into a little room and desired my wife to fetch a constable; when I came out again I charged the prisoner with stealing this buckle; at last he pulled it out and said here it is; I am certain this was the buckle; it was lying upon my compter before, for it was brought back to me by my customer to mend; besides that, I had sold it to my customer originally. I am certain it is the buckle.

From the Prisoner. Whether the buckle was not swept upon the floor? - He denied having the buckle at all till I threatened to have him searched.

(The constable deposed that he was sent for to take the prisoner into custody.)

PRISONER's DEFENCE.

I have been at sea eighteen years; I never was a thief in my life, God be thanked and God be praised, I never was in my life. I have been both east, west, north, and south; it would be hard for me to get any witnesses here, as I am a stranger.

GUILTY of stealing to the value of 10 d.

Tried by the London Jury before Mr. Justice BULLER.

THOMAS SPENCER was indicted for stealing a glass smelling bottle mounted with silver, value 4 s. the property of Robert Gosling , January 28th .

(There was no evidence to prove the property. The principal witness did not appear, therefore the court ordered his recognizance to be estreated.

NOT GUILTY .

[Imprisonment. See summary.]

178. JOHN CARTRIDGE was indicted for stealing nineteen pound weight of moist sugar, value 6 s. the property of Joseph Sabin , and others, January 16th .

JOSEPH SABIN sworn.

On the sixteenth of January I lost nineteen pound weight of moist sugar; there is a warehouse where we deposit sugars, in which the several persons named in the indictment are warehouse-keepers, in care of, and answerable for these sugars. I saw the prisoner coming out of the warehouse, and, on searching him, I found nineteen pound weight of moist sugar in his pockets; I cannot say out of what particular hogshead it came, but there was a large quantity of the same quality in the warehouse as that; the prisoner, when he was apprehended, said, somebody had called out work, as is usual when they want, as porters come for the purpose of getting work; and that not finding employment he took the sugar, and said he should have made another trip if I had not stopped him.

ROBERT TRINGHAM sworn.

I am one of the partners in the warehouse; I assisted in taking the prisoner; we found the sugar in his pocket; the prisoner said he heard somebody call out work; that he came there, but found nobody to employ him, therefore he thought he ought not to go from thence for nothing, and admitted that he had taken the sugar. When he came before Alderman Sainsbury he did not then deny taking the sugar.

PRISONER's DEFENCE.

I found the sugar in a paper bag, under one of the gateways; I found the bag was wet, I put it in my pocket; I was backwards and forwards upon the keys for some time. This person, seeing my pocket stick out, stopped me and asked what I had got. I said sugar. He said he had lost sugar often by soldiers, and was determined to make an example of me.

To both the Witnesses. Did you make use of any such expression? - We did not.

GUILTY .

Tried by the London Jury before Mr. Baron PERRYN.

[Branding. See summary.]

[Imprisonment. See summary.]

179. BENJAMIN WHITE was indicted for stealing 200 pound weight of lead, value 28 s. the property of Eliab Burton , Esq . being fixed to a certain empty house, belonging to the said Eliab , against the statute, February 5th .

(The witnesses were called, but not appearing, the court ordered their recognizances be estreated.)

NOT GUILTY .

180. WILLIAM GERMAIN was indicted for stealing a gelding, value 3 l. the property of Richard Hambleton , January 28th .

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

RICHARD HAMBLETON sworn.

I am a baker , and live at Oldford, in the parish of Bow . I lost a horse on the 28th of January, at night, out of my field in Oldford. I saw the horse in the field at dark; I missed it next morning about eight o'clock. Dinmore and Redgrave came down to Oldford, and told me they had a horse that was offered to be sold, and asked me if it was mine. I told them it was; they told me I must come to the justice the next morning. I did so, and there swore to the horse; it is a stout little horse, about thirteen hands and an half high.

What age? - He may be ten or a dozen years old. I am certain it is my horse?

What was its value? - Three pounds, or more. I swore to three pounds, and would not have sworn to more than it was worth.

Prisoner. When you lost your horse, were there any gaps in the hedge through which it might have strayed? - Yes; there is some of the bank broke down where he might go over to be sure.

JOHN DINMORE sworn.

I am a constable in Clerkenwell. Near where I live there are some people buy horseflesh. On the 29th of January last, about the hour of eight in the morning, the woman belonging to the horse-flesh-house came and told me a man had brought a horse to her, which she did not think it was fitting to be killed for horse-flesh. By the time I had got to the place, the prisoner had got farther from the house with the horse, for he had sent for a voucher, which the woman and I both knew to be a receiver of stolen goods, that made us suspect him the more. I laid hold of the prisoner, and asked him whose it was; he said it was his father's, who was a clerk to a printer near Bow, and his father having no further occasion for him had sent him to town to sell it. I said it was strange that a man should send a horse to town to sell on a Friday, Smithfield-market day, and should bring it to a place where they kill horses. He still insisted it was his father's, and gave me a direction to his father. After the other officer came back from Oldford, and found out the gentleman that had lost the horse, the prisoner declared before the magistrate, that it was through the persuasions of a man that boiled horses, that put him upon the practice of stealing horses.

Who went with you to the justice's? - Redgrave and I that night.

Was any confession of the prisoner's taken down in writing? - No.

Was this confession before the justice? - Yes.

Were any promises made him? - No.

Or any threats made use of? - No.

What did he say? - When he found there was an owner to the house; he said, I have known the prosecutor, and the horse some time. He laughed, and said, I little thought that the horse and I should be so well acquainted together. He asked the magistrate what was the consequence of this; the magistrate told him it was horse-stealing; he said he knew the man that owned it, because he saw him ride it into a pond a stag hunting.

What did he say relative to stealing the horse? - He said he met one Minchin, who told him, if he would come to the Punch-bowl in Hockley in the Hole, if he had any horses to sell, he could buy them of him, and that he was to have brought the horse on Monday morning; he said he brought it from Oldford, and he mentioned the turnpikes he came through. He had asked fifteen shillings for the horse; I told him I thought such a horse as that was not sit to be knocked on the head, as it was a good looking horse, and with good eyes too. He confessed before the justice, that he did take the horse, and bring it there to sell.

Prisoner. I never made any confession of a theft. - Yes; he did.

What was the horse worth? - Three or four pounds.

Prisoner. Did not I give you a direction to go to Oldford? - Yes.

Prisoner. My father lived there. I should not have given him a direction to have gone there if I had known the horse had been stolen.

JONATHAN REDGRAVE sworn.

Dinmore the constable sent for me on Saturday morning, and told me he had apprehended a man for stealing a horse. The consequence was, I went down to Oldford. He asked the prisoner how he came by the horse; he said it was his father's horse. I went to Mr. Hambleton's at Oldford; he was not at home; I waited till he came home; he said it was his horse. I was afterwards before the justice. The prisoner at first said it was his father's.

Did he say before the justice how he got it? - No; not as I remember.

Prisoner. This is the man that went down upon the horse to enquire for my father; a man he met said he knew the horse, that it belonged to Mr. Hambleton, a baker; that Mr. Hambleton indemnified the horse to be his property. They fetched me out of New Prison, and took me to a publick-house in the neighbourhood. There they gave me beer, and gin and water, both of them, and promised me great things if I would confess.

Court to Redgrave. Did you tell him he had better confess, or did you make any promise to him, that you would do any thing for him if he did confess? - No.

Did any body in your hearing? - No.

Did you give him liquor before you carried him before the justice? - I remember we had a pot of purl between us three, and that was all.

Court to Dinmore. Did you give him any thing to drink? - So far from giving him drink; I gave him victuals. He said he had no money; there was part of a pot of purl, out of which us three, and another man drank.

Was there any thing said to induce him to make a confession? - No; upon my oath.

Did you say it would be better for him? - No. I said, how could you send a man to Oldford, and say it was your father's horse, when another man has owned it? Then he voluntarily confessed the fact.

Court. Was it ever his father's horse?

Prosecutor. No; his father never kept a horse in his life, I believe.

PRISONER's DEFENCE.

A man said this horse had the staggers, and as I had nothing to do; he promised me if I would take him to London that I should have something for my trouble for selling him; I was to be back by twelve o'clock if I could. I came to London; the way I came acquainted with this horse flesh butcher was, I came to a publick house where this Minchin used; he is a printer by trade; he left off the printing, and then worked at horse flesh butchering; he told me if ever I went into the country to live again, if I knew any body that had any horses that could not work to bring them to the Sun and Punch Bowl in Hockley in the Hole and he would buy them. I told this man I would take the horse there, but said I would not sell him unless they would give money enough for him. Smithfield market begins about three o'clock in the afternoon and I was in a hurry to go to Stratford upon business for my father; I was at this place a quarter after eight in the morning; this woman would give but half a guinea; and I was to get half a guinea for the man, and have the rest for myself; I would have sold the horse for 15 s. so I should have had a trifle for myself, as I was out of work and had nothing to do. They took me to New Prison upon suspicion. Mr. Dinmore was sent down to Oldford; before he could see my father he heard this horse belonged to Mr. Hambleton; the next morning when my father went after the person that entrusted me with the horse to sell, he was gone out of the way, and not to be heard of; after the common prisoners were locked up, they got me out of the prison, and took me into a little parlour at the sign of the Horse-shoe, and gave me two or three pennyworths of gin and water; and one went out of the room while the other staid to make me confess, and said they would do great things for me. All that I told the justice was, that the horse was intrusted to my care to come to London. I did not know the horse, not that it belonged to Mr. Hambleton, because I work at Hackney in the day time, so I have no opportunity of seeing the horse in the day time. Mr. Hambleton says he has had it but three months. I know he had a grey horse, but think it was rather taller than this horse, which they say I stole; the man I had the horse of lived at Hackney; he has absconded. He brought the horse to my father's at seven o'clock in the morning for me to bring to London to sell. I said I could not take it to the Market because that did not begin till three o'clock, therefore I could not stay so long; a man would have bought the horse for fifteen or sixteen shillings. If I had known it had been stolen that would have been a dangerous method as the horse would have been always about the street.

GUILTY DEATH .

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

181. JAMES DONALLY, otherwise PATRICK DONALLY was indicted for that he in the king's highway, in and upon the Honourable Charles Fielding , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person, and against his will, half a guinea, the property of the said Charles , January 18th .

2d Count. For robbing the Honourable Mr. Fielding, on the highway, of a guinea, on the 20th of January .

Mr. HOWARTH.

May it please your lordship, and you gentlemen of the jury, I am of counsel in this prosecution against the prisoner at the bar, Patrick Donally , who is charged by that indictment you have now heard read with an offence that goes under the general description of an highway robbery. But, gentlemen, the circumstances which attend this case are so uncommon and so singular in their nature, (and I trust will continue to be uncommon, for I hope never to hear of another of the same sort) that I conceive it to be my duty to state to you very particularly the circumstances of the case, that will be laid before you in evidence, and to submit some few observations to the court of what I conceive to be the law resulting from those facts.

Gentlemen, The prosecutor of this indictment is a young gentleman of about eighteen years of age, the second son of the Earl of Denbigh. what the prisoner is, or in what manner he gets his living, I leave to him to state to you, because I am not informed upon that subject. The first time, however, that he was ever seen by the young gentleman who prosecutes this indictment, was on the 18th of January last, between six and seven o'clock in the evening, when that young gentleman was going from the house of a lady, where he had dined I believe, to one of the Play-houses; he was accosted in Soho-square by the prisoner at the bar, who desired he would give him some money; this sort of request astonished Mr. Fielding, the young gentleman, and he said, Money! for what, sir? I do not know you. Upon which the prisoner said, You had better do it, sir, for if you do not I will take you before a magistrate and charge you with having committed Sodomy upon me. A charge of that sort must necessarily alarm the young gentleman to whom it was addressed; in truth, it did extremely; and there are very few men who have firmness of mind enough, and who are sufficiently collected, to take upon them to judge instantaneously what is proper to be done upon such an occasion; however, alarmed as he was, he conceived it would be better to submit to this man's demand and request, rather than to have this sort of attack made upon him, and to be carried before a magistrate; the consequences of which he did not then understand. It was, I think, two days after, when this young gentleman again met with the prisoner in Oxford-road , in the afternoon; he made the same demand upon him that he had done the time before, and he accompanied it with this extraordinary expression, You had better give it to me, or I shall take you before a magistrate, and I shall contrive it so that you cannot prove an alibi; that is, that you was at another place at the time, and therefore you had better give me the money. At that second time Mr. Fielding went, I think, to a Mr. Waters in Bond-street, of whom he borrowed some money to give him; at both these times money was given him under the impression that was made upon the prosecutor from the menace and threat used to him by the prisoner, of carrying him before a magistrate, and charg-him with that offence.

Gentlemen, It was by a very singular circumstance that this man was discovered, and is now brought to justice. On the 12th, I think, of February, the prisoner at the bar met Lord Fielding, on Hay-hill who is the elder brother of the young gentleman who is the prosecutor, between whom, I believe, there may be three or four years difference in point of age, but they have, as I understand, an exceeding great resemblance to each other in person, and the prisoner mistaking Lord Fielding for the gentleman he had spoken to before, accosts Lord Fielding in the same manner that he had accosted his brother near a fortnight before. Lord Fielding said, What can you possibly mean by this? I never saw you before. Upon which the man put him in mind, which will, gentlemen, be a very strong confirmation, if it could be possible that the evidence of the young gentleman should want confirmation. He said, Do not you remember my seeing you in Soho-Square, and afterwards going to Mrs. Cotton's, (which is the lady's house where the young gentlemad had dined). That circumstance will be an exceeding strong confirmation, if any should be thought wanting, Lord Fielding attempted at that time to lay hands on him, and apprehend him, but the prisoner took to his heels, and for that time made his escape; but in a very short time afterwards he met Lord Fielding again, and fell into the same error respecting him, for he again addressed him as his brother, in the same manner as he had done before; and then Lord Fielding called to his assistance a gentleman who was near at hand, and between them both they secured him, and carried him before a magistrate, and he was committed to take his tryal.

Gentlemen, These are the facts that will, pretty exactly as I have stated them to you, be laid before you by the witnesses I shall call in support of the prosecution; and I trust that these facts, when proved, will satisfy you under the direction of the court, that in point of law, they amount to constitute that offence imputed to the prisoner, namely, that of an highway robbery.

Gentlemen, There have been cases of this nature, I think, two within my remembrance; and one that I have heard of before; where, under the solemn opinion of the judges, they have held that this kind of menace and threat being made use of for the purpose of extorting money from the person so charged, and compelling the delivery of that money, is equivalent to any terror a person may be supposed to be impressed with, by either a pistol put to his head, or a sword to his breast, or any thing of that sort that has been determined indeed upon the principles, as I conceive, of found sense; that the terror that every man's mind is impressed with upon a threat of this nature is more forcibly and more emphatically a violence done to him than holding a pistol to him, sword, or other instrument of offence, because every man knows what effect that menace is to produce, that it is to produce the effect of delivering the small sum he has about him; he complies with that readily, and is under no great apprehensions upon the subject; but the terror a man must be struck with, especially a young man at his time of life, of unblemished character and reputation, with a charge made upon him of this horrible nature in itself, you will easily judge whether that would not operate more forcibly upon his mind than any violence that could be attempted upon his person; it is upon that principle that the judges have held this violence to be equal to a threat with a pistol, or any other instrument of offence; and upon that ground they have determined that this sort of terror is what the law calls a putting in fear, so as to constitute that part of the definition of an highway robbery.

Gentlemen, I shall not take up more of your time, but proceed to call the witnesses to prove the facts I have stated to you; if they do prove these facts, I trust that under the direction in point of law, which you will receive from the court, you will not be under any difficulty in finding the prisoner guilty of this charge.

The Honourable Mr. FIELDING sworn.

Counsel. Sir, you will be pleased to inform the court of the circumstances of your meeting with the prisoner on the 18th of January in Soho Square? - On Monday the 18th of January I dined with Mrs. Cotton, at No. 3 Harley Street, between the hours of six and seven; I went from thence in order to go to Covent-Garden theatre. In my way I passed through Soho Square; where I met the prisoner at the bar, who came up to me and accosted me, and desired me to make him a present. I asked him for what? He told me I had better comply, or he would take me before a magistrate and accuse me of an attempt to commit an unnatural crime; those were the words to the best of my knowledge.

Q. Did you or not comply with the request which he made?

A. I did. I gave him half a guinea.

Q. When did you see him after this?

A. He said that money was not sufficient. I returned to Mrs. Cotton's. He followed me. I borrowed half a guinea of the servant with intention to go to the play. I saw the prisoner no more that night.

Q. When did you meet him again?

A. That was on the Monday; I met him again on the Wednesday about four o'clock in Oxford road.

Q. Please to mention what happened at that time?

A. He came up to me and used the same threats of carrying me before a magistrate and to prison; upon which I took him to Mr. Waters's, a grocer, in Bond Street.

Q. Mention as near as you possibly can the very words he made use of to you?

A. He told me, I knew very well what had passed in Soho Square the other night; and unless I would give him some more money he would take me before a magistrate and accuse me of the same attempt which he had threatened on the other day.

Q. Did he make use of any other expressions or any other threats?

A. Yes. He said, That it would go hard against me unless I could prove an alibi. I went with him to Mr. Waters's, a grocer, in Old Bond Street; he went with me there and staid on the outside of the door. I gave Mr. Waters a guinea and desired him to give it to the man.

Q. You saw no more of him, I believe, till he was apprehended?

A. No.

Q. Sir, Was you not much alarmed and agitated with this kind of address?

A. I was extremely alarmed.

Q. And under that alarm you gave him the money?

A. Yes; under that alarm I gave him the money.

Q. The alarm it may easily be supposed begot a terror upon your mind; and it was under the impression of that terror that you delivered the money?

A. Under the impression of that terror.

Cross Examination.

Q. Sir, you say this was between six and seven when you first met the prisoner in Soho Square?

A. It was.

Q. Was there any person near you at that time?

A. Not that I saw.

Q. And none passed at the time?

A. There might be, I did not take notice of that.

Q. The second time you met him in Oxford-street?

A. Yes.

Q. Was that in the day-time?

A. Yes.

Q. I suppose there were a number of people passing at that time?

A. There were.

Q. If you had had any fears about you at that time; would it not have been natural to have expressed that, and taken him prisoner at that time?

A. Yes.

Court. Did you apprehend that at the time?

A. I did.

Counsel. You say he went with you from thence into Bond-street to Mr. Waters's?

A. He did.

Q. Was it not possible at that time to have secured the prisoner, if you had had these fears about you?

A. I might have done it, but I was not acquainted with these kind of matters. I was apprehensive it might cost me my life.

Q. Did you explain any thing of this sort to Mr. Waters?

A. No.

Q. Had you ever seen the prisoner before the 18th?

A. No; never.

Lord FIELDING sworn.

My Lord and Gentlemen of the Jury, I was walking on Saturday last, between eleven and twelve at noon, up Hay-hill. When I had got towards the top of it, I was accosted by the prisoner at the bar with some salutation or other, I know not what, that he mumbled between his teeth; to which, I replied, I believed he had mistaken me for somebody else, for that I did not know his face. He answered, that he believed I must know him. I replied again, that I did not recollect ever having seen him, nor did I believe that he knew me; and, in order to try whether he did or not, I desired him to mention my name; which he declined, but added, that he knew my person well enough; asking me at the same time, if I did not remember giving him half a guinea, in Soho square, on the 18th of this month. I presume he must have meant last month, for the 18th of this month was not then come. Saying, That I went to No. 3, Harley-street, mentioning at the same time the name of the ladies who lived there, Cotton and Moysel; he mentioned also, his having met me after that, and my having given him money, by a grocer, at No. 6, in Bond-street; all which circumstances, I being totally unacquainted with, naturally denied. He said, it was very extraordinary that I should not recollect him, and persisted in the circumstances that he mentioned. I told him then, I did not recollect having given him any such money, but, if I did, what then? What is your present demand? What are you driving at now; I do not understand you? Be so good as either to explain yourself, or to leave me to walk by myself? He then began to say, that I had used him very ill, on the 18th, in Soho-square; and added, that I knew myself to be guilty of a very scandalous thing, and he would expose me. I desired him immediately to come before a magistrate; I believe I named Sir John Fielding 's office in Bow-street; with which he at first seemed very ready to comply, but perceiving me walking towards an hackney-coach, as if I was determined to go through with it, he stopped, and said he would not go. I then seised him by the collar, and declared he should go. He was a little alarmed at first; but recovered himself amazingly soon after, and, with surprising coolness and impudence, he asked me what I would do when I had him there? I believe I told him, that I would accuse him of having threatened me; to which he replied, that he supposed he had mistaken me, and seemed willing to get off, and to wave the accusation. I was a good deal surprised and shocked at so strange an accusation so suddenly, and had not my recollection so much about me as I should have had; and really I did not know at that time what I should have done with him, when I had got him there, and I was weak enough to loose his collar, and let him go. He turned about, and called me, My Lord, and said, I should hear from him again.

Q. How did you part? did he run away, or did you walk one way, and he another?

A. I walked one way, and he walked another.

Q. When did you see him again?

A. The following Tuesday. I was walking about two o'clock, near the same place, and heard a voice over my shoulder saying, Sir, I have met you again, or some such expression. I recollected his voice perfectly well. I turned round, and seised him by the collar immediately. He complained then, that I had used him very ill the last time that he saw me. To which, I believe, I returned for answer, I had used him too well, for I had let him go, but should take care to do better this time, still keeping fast hold of his collar. Upon which he desired, that I would use him like a GENTLEMAN; he said, he would not be dragged, but he would go along quietly. I saw nobody then pass me that was likely to assist me, in case he should have any gang, or any body near him to rescue him, and as I wished to get him secured with as much quietness as possible, I told him, If he would walk along quietly to the next coffee-house I would not drag him. I could hardly keep my fingers from his throat. We then walked down Dover-street, and about the middle of it, rather before you come to the tavern, which is, I believe, kept by a man whose name is Ditilly, I met two gentlemen of my acquaintance. I then thought I would throw off my civility, and seise the prisoner again, that I should be pretty well assured of proper assistance and support. I accordingly seised him again by the collar, and called to those gentlemen to assist me, but whether they understood my meaning, or not, I cannot say, but I received no assistance from them. When I spoke to them, the prisoner walked on pretty fast, as fast as he could without making a run of it, down Dover-street. When I perceived that, I did not stay to expostulate with my friends. I followed him down immediately as fast as ever I could. I collared him again, and called to some chairmen, whom I observed there, to send for a constable. The prisoner struggled a good deal; saying, He would not be dragged, and bidding me hold off, and so forth. I told him I could assure him I would not let him go, and in the struggle, I believe, he fell down twice. I let him go as he fell, and then seised him again, the moment he rose. By this time, it being at the corner of a public-street, a great number of people were assembled together. I observed, a gentleman, with a cockade, standing by, who was Major Hartley. As a brother officer, I called upon him to assist a brother officer. I told the people who were gathered about the reason why I had seised this man; that he had charged me with a scandalous practice, and that I wished we might go before a magistrate. A coach was called, and Major Hartley and two others, the best dressed, and most gentlemen-like people I could see there, went with me in the coach, and we carried the prisoner safely to the office in Bow-street, and from thence he was committed.

Q. The first time he addressed you, when he mentioned the circumstance of Soho-square, he mentioned also the house of that lady, by way of bringing the circumstance to your recollection, where your brother had dined on the 18th?

A: He did; and that he was the man to whom I had given the half guinea, and to whom I sent a guinea by the grocer.

PRISONER's DEFENCE.

My Lord and Gentlemen of the Jury, I do not deny meeting Lord Fielding twice. I pulled my hat off to him; I addressed him in as decent a manner as I was capable of. I wanted to tell him something concerning his brother; upon which, my Lord, he would not hear me, and told me he knew the story before; as to any thing swore to here, it is entirely false, so help me God. The Honourable Charles Fielding has been entirely made by Sir John Fielding to carry on this prosecution. The words have been put into his mouth at the office in Bow-street, or else I am very certain he would not have accused me with what he has. My life is at stake, and therefore, gentlemen, I hope, you will please to look into the affair, and consider whether I have been guilty of a robbery. I never robbed him, nor threatened him, nor mentioned that word sodomy, or indecent practice, neither to Lord Fielding nor his brother. Here I am before God and the world, and declare I never mentioned a single syllable of the kind; and, therefore, I hope, you will take it into consideration, whether I have been guilty of a street robbery or not. I do not deny but Mr. Charles Fielding sent me a guinea in Bond-street. If I had been guilty of a robbery, he had opportunity enough to have taken me up; we passed a thousand people. I had the guinea publickly from the grocer or his man, I do not know which. He said there is a guinea that gentleman has sent you, that is all I have to say about it. I do not deserve death for any thing of the kind I am certain.

Court to Lord Fielding. Did the prisoner when he accosted you tell you that he wanted to say something to you about your brother?

A. I don't recollect any such thing.

Court to Mr. Fielding, When you was before Sir John Fielding at the office did you give that account to him which you have now given to the court, or did the justice collect that account from any thing you said to him?

A. I gave that account to him when I came to the office first.

Prisoner. You was capable of giving no account, but by Sir John Fielding 's directions. I have no witnesses, I was taken up but the day before yesterday; I am entirely unprepared, I do not live in town, and have no friends about me; I kept a publick house and have done so for five years in London, and an eating house, in different places; I have lived at Charing Cross and Tottenham Court road; I kept an eating house there. I kept an eating house and cheesemonger's shop at the top of Portland Street, from thence I moved into Hampshire; I only came to London the day before I met the gentleman in Soho Square. I am very happy to think that I am here before a set of honourable gentlemen; and an honest worthy jury; and not at Sir John Fielding's office, for it is a most cruel prosecution.

Mr. Justice BULLER.

Gentlemen of the Jury,

The prisoner James Donally , alias Patrick Donally , stands indicted for a highway robbery said to have been committed on Mr. Charles Fielding on the 18th of January, and then taking from his person half a guinea. There is likewise a second charge against him for robbing Mr. Fielding on the highway on the 20th of January, and then taking from his person a guinea; the case was properly opened to you on the part of the prosecution; and the prisoner as well as the counsel for the prosecutor have much rested upon a point of law. The prisoner in the close of what he has said certainly meant to leave it to the court to consider whether under the circumstances of this case the taking the money is in point of law a robbery. What is or what is not a robbery is in general a question of law.

Now, gentlemen, the general definition of a robbery is, that money must be taken by violence and against the will. With respect to actual putting in fear, it has been frequently decided, that it is not necessary; if such circumstances are used as will put a reasonable man in fear, that is all the force or violence that is necessary to constitute a robbery. Now it has been suggested to me by the prisoner's counsel, that in this case the prisoner did not charge Mr. Charles Fielding with having actually committed a capital offence, but with only having made an attempt, and the making an attempt alone would not have endangered his life. I do not think, in point of law, that that would at all avail the prisoner, because I hold it sufficient in point of law (and so I conceive it has been decided by all the judges) that accusing a man with an attempt to commit sodomy, which puts him in a state that he cannot act with his own will, is sufficient, and is violence enough to constitute the crime of robbery. But gentlemen, I shall leave it to you,

First to consider, whether upon this evidence there does not appear to be an actual terror in the person accused, for if that be proved to your satisfaction, then the case clearly stands without any doubt whatever.

In the next place, it seems to me, that if you are not satisfied of that, yet if the charge is such in its nature, and imposes such a restraint on the person accused that he must at all events be said to part with his money unwillingly, that in point of law is sufficient to constitute a robbery. Having now stated the law upon the case, I shall state to you what has been proved by the witnesses.

Mr. Charles Fielding says, that on the 18th of January he dined with Mrs. Cotton, at No. 3, in Harley-street; that between six and seven o'clock he was going from thence to Covent-garden play-house; in his way he went through Soho-square; he met the prisoner there, who desired him to make him a present; upon which Mr. Fielding asked him for what? The prisoner answered, You had better comply, or I will take you before a magistrate, and accuse you of an attempt to commit an unnatural crime. Mr. Fielding said, he gave him half a guinea; upon which the prisoner said, That was not sufficient. Mr. Fielding had no more money then in his pocket; he returned to Mrs. Cotton's where he supposes the prisoner followed him and borrowed half a guinea of Mrs. Cotton's servant, and then went to the play. On the 20th, that was two days afterwards, about four o'clock, he met the prisoner again in Oxford-road; the prisoner came and made use of the same threats; he told Mr. Fielding, He knew what had passed in Soho-square, and unless he gave him more money he would take him before a magistrate and accuse him of the same attempt, the prisoner added, it will go hard with you unless you can prove an alibi. He went, he says, to Mr. Water's, a grocer, in Old Bond-street, the prisoner went with him and staid on the outside of the door; he gave a guinea to Mr. Waters, and bid him give it to the prisoner; he says he saw no more of the prisoner from that time to the time he was apprehended; he was exceedingly alarmed himself, and under that alarm he gave the prisoner the money; he says he gave it under an impression of terror.

Upon his cross examination he told you that he observed no people in Soho-square; in Oxford-road he did; but did not know what it was proper for him to do, and that he apprehended it might cost him his life; that he swears was his idea at the time; and whether he was mistaken or not with respect to its affecting his life; if he really believed that at the time, it certainly did impose a terror upon his mind.

Lord Fielding says, On Saturday last, as I was walking up Hay-Hill, between eleven and twelve at noon, I was accosted by the prisoner, who mumbled something, which, I believe, was, How do you do. I said he was mistaken, for I did not know his face. The prisoner said, I must know him. I told him no, nor did I believe he knew me. I then desired the prisoner that he would mention my name. He declined that, but added, he knew my person well enough, and asked, if I did not remember giving him a half guinea in Soho-square, on the eighteenth of this month; that was his expression, though he must have meant the eighteenth of last month, the eighteenth of February not being then come. Then he told Lord Fielding that he went to No. 3, Harley-street, and mentioned the ladies names, Cotton and Moysel, that he sent him money by a grocer in Bond-street; all this Lord Fielding said he dednied; the prisoner said it was very extraordinary that he denied it, and persisted in what he had said. Lord Fielding said He did not recollect giving him any money at all, but if he had what then, what did he want now? He desired he would either explain himself or walk another way, and leave him. The prisoner then said he (Lord Fielding) had used him very ill in Soho-square, on the 18th, and that he (Lord Fielding) knew himself to be guilty of a very scandalous thing, and he would expose him. Lord Fielding desired him to go before a magistrate, and mentioned Sir John Fielding . At first the prisoner appeared to be ready to go, but as they were walking towards a hackney-coach the prisoner stopped, and said, He would not go; then Lord Fielding seised him and declared he should go; at first the prisoner seemed to be alarmed, but soon recovered himself and with great coolness and impudence asked Lord Fielding, what he would do when he had him there? Lord Fielding said I shall accuse you of having threatened me; the prisoner said he believed he had mistaken him, and seemed willing to wave the accusation. Upon the prisoner asking him this question, he says he was surprised, and did not know what he should have done if he had got him before the justice; then the prisoner turned about, called Lord Fielding my Lord, and said he should bear from him again, upon this they parted, the prisoner went one way, and Lord Fielding another. On Tuesday last as Lord Fielding was walking, about two o'clock, near the same place, he heard the prisoner's voice over his shoulder; he recollected the voice immediately, turned about, and seised the prisoner by the collar; the prisoner complained my Lord had used him till the last time he saw him,; to which his lordship answered, I used you too well, for I then let you go, but I shall take care to do better now, still continuing to hold him by the collar; the prisoner desired he would use him like a gentleman, he said he would not be dragged, but would go along quietly. Lord Fielding says he saw nobody passing there likely to assist him; he told the prisoner if he would walk quietly to the next coffee-house, he would not drag him; that they walked down Dover-street; that about the middle of it Lord Fielding met two gentlemen of his acquaintance; that he then thought he would throw off his civility; he seised the prisoner again by the collar, and called to the gentlemen; they did not assist him, perhaps they might not hear him; the prisoner then walked on pretty fast, which Lord Fielding observing, followed and caught him at the corner of the street, and called to some chairmen to send for a constable; the prisoner struggled a good deal, saying he would not be dragged; Lord Fielding told him he would not let him go, and in the struggle he fell down twice; that he seised the prisoner again the moment he rose; during this he observed Major Hartley passing along the street, he called to him, and told the people what was the occasion of his seising the prisoner, and expressed a wish that they might both go before a magistrate; accordingly a coach was called, and Major Hartley, two other gentlemen and Lord Fielding went in the coach with the prisoner to Sir John Fielding 's, and he was committed.

Now, gentlemen, this is the evidence on the part of the prosecution. The prisoner has admitted that he met Lord Fielding twice, but he says that when he met him he did not charge Lord Fielding with any crime or any attempt to commit a crime; that he only said to him. He wanted to tell him something about his brother, and that Lord Fielding made answer, I won't hear what you have to say, I know it already. Mr. Charles Fielding , he further adds, had the words put into his mouth at Sir John Fielding 's, and could make no charge himself at first. The defence by the prisoner made it incumbent upon me to ask Lord Fielding and Mr. Fielding, whether any such thing did pass, or if there was any truth in what this suggested by the prisoner; they both denied it.

This is all the evidence that has been given to you; you will consider it in the two lights I have mentioned. Whether you are satisfied there was an actual force and violence and a restraint upon the mind of Mr. Fielding, that rests upon his evidence, for nobody could be present but himself, he had given the prisoner a half guinea, this was all the money he had, and the prisoner was not contented with that, he tells him it was not sufficient, so it was a demand of more, if Mr. Fielding had more that he could have given him; and to be sure there is something very singular in the last meeting when Mr. Fielding went to Mr. Waters's and not to be accounted for but from fear and terror in his mind: though he sees this prisoner in the street, and though he goes with him to the middle of Bond-street, he knows so little what he is about, that he goes into the grocer's shop. He gives a guinea to the grocer to give the prisoner. He did not go there to borrow it, for he had it in his pocket, for what purpose unless through fear, and not being master of himself, could he go into the shop? The circumstance is very strong to show he was not master of his own mind, but acted through violence and compulsion, besides he has swore to you, that he did apprehend, at that time, the charge would cost him his life. If you believe that evidence, then it seems very clear, that Mr. Fielding acted under the immediate fear and terror, not only of a criminal punishment, but his life being in danger; but, if you should not be satisfied of that, it is not necessary in many cases, that the persons robbed should apprehend themselves in immediate danger. The case has occurred in highway robberies, where a soldier, or a sailor, has been attacked. I remember one where the gentleman that had been robbed said he had no fear of his life; but the judges held, and that has been received as the law ever since, that if such circumstances are made use of as would impose a terror and violence upon a reasonable mind, though the individual who is robbed might be so confident as not to apprehend danger, yet it constitutes a robbery, because it is taking money by violence. In that case, if you are not satisfied with what I mentioned as the first question, you will find the prisoner guilty.

When the jury pronounced their verdict,

GUILTY DEATH .

Mr. Justice BULLER said, Gentlemen, I wish to ask you one question for my own satisfaction, because I shall state this to the judges; are you satisfied on the first part that Mr. Fielding was under terror and apprehension.

Jury. Yes; that is our opinion.

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

182. MARY ANNE HENICHOSE was charged on the coroner's inquisition with the wilful murther of her female bastard child , January 27th .

(The witnesses were called but did not appear.)

[The grand jury having thrown out the bill of indictment; it was supposed by the court that the absence of the witnesses arose from a mistake, therefore; their recognizances were not ordered to be estreated.]

NOT GUILTY .

183. ELIZABETH the wife of Jonathan Stevenson was indicted for wilful and corrupt perjury .

(It appearing that the oath was adadministered by a person not having competent authority to administer it she was acquitted.)

NOT GUILTY .

Rowland Ridgley convicted the last Sessions but one; but judgement was respited for the opinion of the judges; their opinion was delivered this Sessions that his case was within the act of parliament

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

Received Sentence of Death, 10.

Thomas Norman , Robert Dare , John Richmond , otherwise Browes, James Woolley , John Huddey , Naphthali Jacobs , Frederick John Eustace , Sarah Hill , William Germain , and Rowland Ridgley convicted the last Sessions but one; but judgement was respited for the opinion of the judges; their opinion was delivered this Sessions that his case was within the act of parliament .

Navigation for 3 years, 4.

Levi Lazarus , Joseph Horster , otherwise Barnsley, Thomas Spencer , Hugh O'Neal .

Branded and imprisoned 6 months, 3.

John Gooderick , Sarah House , John Cartridge .

Branded and Imprisoned 3 months, 3.

John Newman , Robert Lavan , William Million .

Branded, 1.

Ralph Allison .

Whipped, 2.

John Hoppey and Jane Williams .

Sent to Sea.

Thomas Brown , Emanuel Lovell , James Tait , Jacob Daniel , William Clarke , Henry Todd .

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.

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.