Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 21 December 2014), May 1779 (17790519).

Old Bailey Proceedings, 19th May 1779.

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO, The Gaol Delivery for the County of MIDDLESEX; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 19th of May, 1779, and the following Days;

Being the FIFTH 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 V. PART I.

LONDON:

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

MDCCLXXIX.

[PRICE SIX-PENCE.]

THE WHOLE PROCEEDINGS UPON THE

KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.

BEFORE the Right Honourable SAMUEL PLUMBE , LORD MAYOR of the City of London; the Honourable EDWARD WILLES , Esq. One of the Justices of his Majesty's Court of King's-Bench; The Honourable Sir BEAUMONT HOTHAM Knt. one of the Barons of his Majesty's Court of Exchequer; Mr. Serjeant GLYNN, Recorder; FRANCIS MASSIERES , Esq. Cursitor Baron of his Majesty's Court of Exchequer, Deputy Recorder; 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.

Joseph Brown

Robert Hexham

George Atwood

William Hulme

Thomas Jones

John Rogers

George Gibson

John Ware

John Blackett

William Sheringdon

Nicholas Thomas Nash

Thomas Smith

First Middlesex Jury.

Peter Theobald

Charles Thomas

William Clark

John Davis

William James Chambers

Richard Clifford

William Crofts

William Willey

Humphry Simmonds

James Grange

John Smith

Nicholas Middleton

Second Middlesex Jury.

Charles Barron

William Nelson

Robert Nash

Thomas Nash

William Oddy

John Goodwin

James Murray

Angus M'Kinnon

John Edkins

Golden Cock

Daniel Golding

William Stable

255. MARY the wife of JOHN FRASIER was indicted for stealing eight cloth coats, value 8 l. the property of Anne Welch , widow , in the dwelling-house of John Walker , April 3d .

ANNE WELCH sworn.

I work for the prisoner. She makes clothes for the army . The prisoner gave me four coats to make, and I had five from another person. I lost eight out of my room. The prisoner confessed she took four out of my room.

WILLIAM SCOTT sworn.

On the 5th of April, Anne Welch came to me and said she had been robbed of eight coats; that she heard that Mrs. Frasier had opened her door with a small key, and robbed her. I went to Frasier and asked her if she had been at Welch's; she said, yes, she had been in her room and taken four coats; that one of them was her own, but three were not. She said, had there been twenty she should have taken them all, because she thought they all belonged to her master's warehouse.

(The prisoner was not put on her defence.)

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

256, 257. ELISABETH CARTER and ANNE BOLTON were indicted, the first for stealing a silver watch, value 40 s. a steel watch chain, value 1 s. a steel watch-hook, value 1 d. and a base-metal watch key, value 1 d. the property of William Williamson , privately from his person , and the other for receiving the above goods well knowing them to have been stolen , May 3d .

WILLIAM WILLIAMSON sworn.

I am a bricklayer . On the third of this month about one o'clock in the day, as I was going to work, I met the prisoner Carter, she asked me to go with her to her apartment; I went with her to her lodging in Cross-lane .

Did you know her before? - No; I never saw her before in my life.

Was you in liquor? - No. I had had some liquor, but I was compos mentis. I did not stay in the house ten minutes; she went out for a pot of beer, and I immediately missed my watch; there was to it a steel chain, a steel hook, and a base-metal key. She locked the door, turned the key, and went off.

Did you see the watch in her hand? - Yes, as she went out to order the beer. She never came in any more. She had not put it in her pocket then; I saw it really in her hand; the constable found it on the Tuesday evening after.

What day of the week was this? - Monday, the third of this month; it wanted ten minutes to one o'clock.

Are you married or single? - A single man. I had been out of business some time.

Was there any other person in the room besides Carter? - No.

Was there no person with you when she picked you up? - No.

DANIEL WEVERTON sworn.

I am a wire-worker. Anne Bolton the prisoner is an opposite neighbour of mine.

Is she a married woman? - Yes. About three weeks ago she brought a watch to me and said she had it to dispose of; I looked at it; I thought it a very indifferent watch; I showed it to a person who I thought was a proper judge, and was informed it was worth but 18 s. I bought the watch of her; I never confisticated it. Bolton keeps a clothes shop.

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

Weverton. I carried the watch to one Mrs. Gatty in North Audley-street, and desired her as an acquaintance, to let me have a guinea upon it for a few days; it was found at her house; this is the watch.

The CONSTABLE sworn.

I searched Mrs. Gatty's house, and found the watch. I believe there is an evidence in jail that sold the watch to Bolton.

BOLTON's DEFENCE.

I bought the watch. As Weverton had asked me if I had a watch to dispose of, I said I had not; and he desired me, if one came in my way to buy it for him.

CARTER's DEFENCE.

This gentleman did not pick me up; he was in a room with two young women; they called me in, and sent for a pot of half and half, and asked me to drink; I would not; I went to the door; one Anne Tidmarsh came and gave me the watch to dispose of for her. The prosecutor took up two other girls first.

Prosecutor. I did not take up any other.

Constable. I took up two other girls who were discharged at the office.

Did he make any charge against the other two girls before the justice? - He desired me to take them both on suspicion of taking the watch.

BOTH NOT GUILTY .

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

258. JAMES HEDGE was indicted for stealing six light glazed window sashes, value 6 l. the property of William Harrison , April 8th .

WILLIAM HARRISON sworn.

I live in Lamb's Conduit-street. I lost five sashes last Monday from a building at the bottom of Lamb's Conduit-street , which was not finished. They were in their places, but not hung for use; they were taken in the night between the 8th and 9th of April; there were some parts of them found in Rosemary-lane. I can only speak to the loss of them. I do not know any thing that affects the prisoner.

Cross Examination.

How were the frames fixed? - They were put in their places; there were no weights nor lines, nor beads; they were put up with temporary pieces of wood. They must have been taken out again to put the lines in.

THOMAS CHARLES sworn.

These are the sashes we found in the prisoner's shop. On the 14th or 15th of April the prisoner was in custody; we had a warrant to search his house; we found some pieces of sashes that belong to Mr. Harrison.

Did you find any whole sashes? - No; they were in pieces.

Had you seen them at Mr. Harrison's house? - Yes; I fitted them in; I made a cross upon them with a chissel; I know them to be pieces of Mr. Harrison's sashes. they were only put in temporarily.

Must they have been taken out again to be hung? - Yes; to put in the weights and lines.

Is it the common practice to put up the sashes before they are hung? - Yes.

How long had they been in? - I suppose six months.

Were they completed? - So far as that they only wanted hanging; when they are hung and the beads nailed they are complete.

Cross Examination.

When did you make this cross? - When I fitted it in.

Why did you make this cross? - We generally make private marks to know how to fit them in.

What is the prisoner? - A carpenter .

Carpenters make sashes don't they? - Yes.

Do not other carpenters make marks as well as you? - They do not make use of the same mark I suppose.

You will not swear that no carpenter makes a cross for a mark but yourself? - No.

What did you find in the prisoner's shop besides? - A great number of new sashframes cut to pieces.

You cannot swear positively that this is your mark? - There is a fellow sash now marked just the same.

Were these sashes glazed? - Yes.

Fully glazed so as to keep out the weather? - Yes; the man is here that bought the glass.

MARK SMITH sworn.

I am a glazier, and live at No. 5, Jewry-street. On the 15th of April, I had the prisoner taken up on suspicion of stealing six pair of sashes from a building, belonging to one Mr. Seagrow, in Constitution-Row, leading to Pancras. On the 14th he came to my shop with sixteen squares of glass in a box; I had had some of him a few days before, which I had not paid for; coming again with sixteen more, I suspected him; I did not pay him for them, as he said he was coming again in the afternoon. I went to a person and told him I had bought squares of a man several times, and did not know what to think of it; I was then informed of an advertisement of six sashes that had been stolen. The prisoner came the next morning, and I had him taken up; he then said he bought them at sales, and got them from old houses he pulled down; that he took the glass out and made rounds of ladders of the frames.

Can they take the glass out of the frames without breaking of it? - They must break a great many; those brought to me were not broke.

Can you tell by the glass when it has been taken out of frames? - Yes. I did not think that the glass was taken out of new frames.

What did you give for the glass? - Sixpence a foot; that is as much as any body gives for old glass.

Cross Examination.

How long have you been in the business? - Sixteen years.

Did you ever see a house where the sashes were put in their place without being hung? - Yes.

Have you seen any houses that were inhabited where the sashes were in their place but not hung? - No.

Do not carpenters frequently buy sash frames? - Yes; old sash frames and glass together?

Do not they sell the glass to glaziers? - Yes if they choose it.

WILLIAM BAILEY sworn.

I made the frames for Mr. Harrison. I I have seen the pieces of frames; as far as my knowledge goes they are the frames I made; they answer the dimensions in every point.

They seem to be remarkably stout frames? - They are what we call two inch sashes.

(The pieces of frames and a square glass were produced in court.)

Prosecutor. This is a remarkably crooked square and it fits the putty in that frame exactly.

PRISONER's DEFENCE.

As I was coming out of Mr. Maddox's timber-yard one day, a man called to me and asked me if I would buy a couple of old sashes of him; I looked at them, and thought they would do for my own shop; I bought them of him at five pence a foot. When I brought them home they would not fit; I took them to a glazier, and he would not buy them, the putty being hard, without I would take the glass out. I went home and took the glass out and carried it to Mr. Smith, and he gave me six pence a foot for it. A few days after a man brought me two pair of new sashes, which he said belonged to a widow who wanted to dispose of them. I took a pair of them to Mr. Smith, and he would not give me any more than the price of the glass for them, upon which I took them back and took the glass out; one Kelley was in the shop when I bought the two pair, I borrowed four shillings of him to pay for them.

To Smith. Did he bring you two whole sashes? - He brought me a pair of little sashes, which he said he made himself.

Prisoner. I have been in business but three months. I did not know but I was very safe in buying them. Kelly said he would not come till two o'clock; he was obliged to go to the Excise-office. I did not think my tryal would come on so soon.

To the prosecutor. What is the value of it? - About 2 s. 4 d. a foot, the whole is worth about five pounds I believe.

For the Prisoner.

TIMOTHY DAVIS sworn.

I am an apothecary. The prisoner has lived with me near three years; his wife and family are with me now. He bore a very just, honest, and sober character. I never had the least suspicion of any thing dishonest of him in my life; there are other witnesses to his character, who will be here in a few minutes. If the prisoner had been inclined to be dishonest, he might have robbed me of scores of pounds.

Do you know that Kelly was to appear here to-day? - I do not know any thing of that.

Do you know Kelly? - No; I lent the prisoner a guinea and half to buy some goods about three weeks before he was taken up; I cannot recollect the day.

RICHARD KILDAGE sworn.

I have known the prisoner a little more than two years. I always found him a just and an honest man.

THOMAS YOUNG sworn.

I have known the prisoner upwards of two years; I never heard any thing but that he was an honest, hard working man.

NOT GUILTY .

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

258. ROBERT LAWDON , otherwise LEADER , was indicted for stealing a pair of silver shoe-buckles, value 6 s. the property of James Rising , April 2d .

JAMES RISING sworn.

I keep the tap at the Bell in Warwick-lane . I walked to Barking on the first of April; when I got home again, which was between six and seven o'clock, I took off my shoes and put them with the buckles in them under a clock which stands in the parlour; I did not miss them till the next day in the afternoon, then I went for the shoes and buckles to clean them, and I missed the buckles.

What were the buckles worth? - I gave 16 s. for them, they are marked with the initials of my name, I. R.

CHARLES BAXTER sworn.

I live at Mr. Davison's, near St. George's church, in the Borough. On the 2d of April a pair of silver buckles were pawned at our shop by the prisoner at the bar to the best of my knowledge.

Can you swear the prisoner is the person? - I should not choose to swear it, but to the best of my knowledge he is the person. He brought them in the evening; I think candles were lighted. He said they were his wife's buckles, but his name was on the inside of them. He said his name was James Rising .

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

To the prosecutor. Did you ever see the prisoner before he was taken up. - Yes, he came about the house a great many times; his father came to the house on Monday mornings with fruit and fowls, and the prisoner used to carry those things for him when he was not upon duty; he is a soldier.

JOSEPH NEALE sworn.

I am a serjeant in the Coldstream regiment, which regiment the prisoner belongs to. The prisoner was apprehended for stealing a spoon. I persuaded him to give me the pawnbroker's duplicate for these buckles, which he did, and he described the pawnbroker's shop to be very near St. George's church in the Borough, by which means we found the buckles.

How long has the prisoner been in your corps? - About two years.

How has he behaved himself? - I cannot speak much in his behalf.

Court. Then do not say any thing upon the subject.

ELISABETH RISING sworn.

I am the wife of the prosecutor; I bought these buckles for my husband, at Norwich, and I had them marked I. R. at the shop where I bought them.

Did the prisoner use to come into the room out of which the buckles were taken? - Yes; he had leave to put his fire-arms in that room. I saw him on the 2d of April at six in the morning.

PRISONER'S DEFENCE.

I know nothing of the affair.

GUILTY .

Tried by the London Jury before Mr. Justice WILLES.

ROBERT LAWDON otherwise LEADER was indicted for burglariously breaking and entering the dwelling-house of James Rising , on the 19th of April , at about the hour of two in the night, and stealing a silver table spoon, value 10 s. the property of the said James .

JAMES RISING sworn.

I went to bed on the 18th of April at ten o'clock at night; just before I went up I put this spoon in a drawer in the tap-room. I missed it the next morning.

Do you lie in the tap-room? - No; the tap-room is part of the house which belongs to Mr. Upton, who owns the inn.

JOSEPH NEALE sworn.

One of the soldiers who was upon duty informed me that he believed the prisoner had been thieving, for he offered to sell a silver table-spoon, for two shillings. I searched the prisoner, and found this spoon in his pocket.

(The spoon was deposed to by Mary Rising .)

(The prisoner did not say any thing in his defence.)

NOT GUILTY of breaking and entering the dwelling-house, but guilty of stealing the spoon .

Tried by the London Jury before Mr. Justice WILLES.

259. WILLIAM STODDART was indicted for stealing three iron bars, 34 lb. weight, value 3 s. the property of William Jones , May 19th .

WILLIAM WHEELHOUSE sworn.

I am servant to Mr. Jones. I was at watch yesterday in the Steel-yard while the people were at dinner. I saw the prisoner put two bars into one pocket and one into another. When he had carried them forty or fifty yards I secured him, and took them out of his pocket, and they have been in my keeping ever since. (They were produced in court.)

WILLIAM JONES sworn.

These are my bars; there is a particular stamp upon them by which I know them to be my property.

PRISONER's DEFENCE.

A young man brought me these and gave me the bars. He ran away and they took hold of me as I was coming through the yard which is a thoroughfare.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Imprisonment. See summary.]

260. ANNE MATHEWS was indicted for stealing a woman's silk hat, value 4 s. the property of Susannah Gosset , spinster , May 13th .

SUSANNAH GOSSET sworn.

On last Thursday at about five o'clock I was sent after a place to Highgate. When I returned between ten and eleven o'clock, the prisoner Mathews met me in Long-lane Smithfield , and asked me to give her some gin.

Did you know her before? - No; I never saw her in my life before. I said I would not give her any, and I went away. She came after me and swore bitterly that she would have something, and snatched my hat off my head. I pursued her and called the watchman to my assistance; the watchman secured her; she delivered the hat to another person who got off. I never got my hat again.

Are you sure the prisoner is the person who took it? - Yes; she was never out of my sight.

ROBERT RAYMOND sworn.

I am a watchman. I took the prisoner about eleven o'clock, I heard the cry of stop thief! I went to see what was the matter; the prosecutrix had hold of the prisoner. She said she had stolen her hat; I secured her; she confessed that she had taken it, and had given it to Poll Keith.

ELISABETH COLEBROOKE sworn.

I was along with Gossett; I walked faster than she, and was a good way on before I heard her call out; I turned back and she was then without her hat and had hold of the prisoner.

PRISONER's DEFENCE.

I was going up an alley, and this woman came and laid hold of me, and said I had robbed her of her hat. I never saw the young woman in my life before. I have no witnesses.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Branding. See summary.]

[Imprisonment. See summary.]

261. WILLIAM STOUT was indicted for stealing in the dwelling-house of Samuel Wood , eight pounds, in monies, numbered, the property of Charles Phillips , Esq. and a bank post bill for 27 l. 17 s. 6 d. a bank note for 10 l. and a Bath bank post bill for 5 l. 5 s. the property of the said Charles, the several sums of money payable and secured by the said notes, being due and unsatisfied to the said Charles . February 2d .

CHARLES PHILLIPS , Esq. sworn.

On the 2d of February I supped and spent the evening at the Red-Lion, at Barnet, with the Northampton corps of officers. Between two and three in the morning a part of us came for London. As we were to come over Finchley-common, I put my property in a small pocket-book, to the amount, in money and notes, of 51 l. 10 s. 6 d. came to Mr. Wood's hotel in Covent Garden ; I took my boots off there, in my own room, between three and four in the morning, and forgot the pocket-book which I had put into my boot at Barnet; I recollected at about seven in the morning that I had left my pocket-book in my boot; not finding my boots in the room, I rang for the porter, who was the prisoner at the bar; he came; I enquired if he had seen my boots; he said he had taken them down stairs, and had cleaned them.

You had a lodging at this hotel for some time before? - Yes, all the winter; but the prisoner had not been porter all that time. I enquired if he had found any pocketbook in my boots; he said he had not; I told him if he had, I would reward him properly for it if he would deliver it to me, he still persisted in declaring he had not seen it; I enquired of the other porters and the people about the house, and they all denied it. I mentioned it to Mr. Wood the next morning; he advised me to advertise them, which I did the next morning, offering ten guineas reward for their restoration. I sent into the country the next morning, and had an exact description of the notes. After receiving that description, I went to the Bank and stopped the payment of the bank post-bill; I went to the banker's, where the Bath bank post bill was payable, and stopped the payment of that. A fortnight or three weeks after I received a letter from Mr. Langston, a banker in St. Clement's-Lane, where the Bath bills are payable, informing me, that such a bill I had given him notice of had been offered for acceptance. Upon the receipt of that letter, Mr. Wood (who has indeed been indefatigable in the matter) attended me to the banker's. They said a porter had brought the bill, who said, he came from the Cannon Coffee-house. We went there; the porter there denied it; we took him to the banker's; the banker could not identify the person of that man; but from a great many circumstances, we presumed it was the prisoner. I was informed by the constable in the evening, that the bank post bill was found upon the prisoner.

Did you loose any money. - The pocketbook contained eight guineas; a bank bill for twenty-seven pounds seventeen shillings and sixpence; a Bath bank bill for five guineas and a bank note for ten pounds; in the whole fifty-one pounds ten shillings and sixpence.

Do you recollect where you pulled your boots off? - In my own room.

You do not recollect who took them? - No. There is one circumstance I should mention: as I came in very late, and was a good deal tired, I desired the chamberlain to undo the boot, because it was fastened in a particular manner at the knee; and then I recollect the boots being upon the ground subsequent to the chamberlain's being in the room, but whether he took the boots away or not I cannot tell.

You sat up very late, was you perfectly sober? - I cannot say that I was perfectly sober, but I was well enough to recollect every circumstance that passed.

Did you ride on horse-back to town? - No, in a chaise.

Was the pocket-book in the leg of the boot or under your foot? - I put it below my calf, it is a very small pocket-book, what is called a Newmarket pocket-book.

You do not recollect when the chamberlain went out of the room? - I do not recollect who took the candle out that night.

I understood you, that when you rung the bell for the porter, and the prisoner came up, he told you he had taken your boots down and had cleaned them? - Yes; but it is usual some times for the chamberlain to come in, and take the boots out of the room, and put them out at the door.

I suppose it is not usual for the porter to be in the bed-chambers? - It is an unusual thing to see a porter in a bed-chamber, unless he is rung for to light the fire or so. The prisoner has had it in his power to take property of mine to three times that amount; my box was always open, and he was frequently backwards and forwards.

Cross Examination.

This happened on the 2d of February? - Yes

Did not you go back the next day to the inn at Barnet from an apprehension that you might have left the book there? - I did; but I had not the least doubt in my own mind where I had left it, but Mr. Wood said possibly I might have dropped it in the chaise, or have left it there.

SAMUEL WOOD sworn.

On a Saturday morning when I returned from market, Captain Phillips told me he had lost his pocket-book, and mentioned the circumstance he has now related to the court. The prisoner at the bar was the porter whose turn it was to sit up that night; I charged him with taking the pocket-book; he denied it strongly. I laid before him all the consequences of such behaviour; and we offered all the servants a reward for the pocket-book. They all said they knew nothing about it. I advised Mr. Phillips to go back to Barnet, that probably he might have left it at the inn or in the chaise; but we could hear nothing of it for some time. About a fortnight after I turned the prisoner away, we received a letter from Clement's Lane of the five guinea Bath bill being stopped; I gave the letter to Captain Phillips; we went there. I asked if they could recollect what kind of man it was that brought it; they gave a description which nearly answered to the prisoner; they told us the porter said he came from the Cannon coffee-house; as I had turned the prisoner away the day before, I supposed he was gone to live there. We went to the Cannon coffee-house; we saw the master of the house; he produced a porter much resembling the prisoner. We took him back to the banker. When he came there they thought him much like the man that brought the note, but could not identify him. We asked the porter several questions, whether he knew the prisoner; we found he knew him very well; he also knew one Matthews who had formerly lived with me, who likewise was very intimate with the prisoner. I sent for Matthews; he came about eleven o'clock at night; he said he had seen the prisoner; having been rather kind to the young fellow, I said, Do you know Will that lived with me? Yes, I do. When did you see him? I saw him yesterday. I said I have been no bad friend to you, I insist upon your telling me the truth; have you seen any notes upon him, or seen him full of cash lately? he said yes; a Bath bank note.

Is that man here? - Yes; he said, he received the note from Stout to get it accepted, but it had been stopped.

Did he say how much the Bath bank bill was for? - Yes; for five guineas.

Did he say where he went with it to get it accepted? - To the banker's in Clement's Lane. I asked him if he had seen Stout with any other bills or with money; he said, yes; there was a bank post bill for twentyseven pounds seventeen shillings and sixpence, which he had to carry to the bank; he said he mistrusted something, as the banker refused to accept the bill; he was therefore afraid things were not right, and he returned it again to him; I asked him if he recollected where the prisoner lodged; he said, he did; and had no objection to go with me to take him. I called upon Mr. Prothero, and we both went and took him in bed at his lodgings; we charged him with the fact; he produced the bank post bill, and gave it up, and he seemed sorry he had not given it up before.

(The bank post bill was produced in court by David Prothero .)

DAVID PROTHERO sworn.

When the prisoner was putting his clothes on, and I was insisting upon searching him, he put his hand into his pocket, and took this bill out himself and gave it me.

Mr. Phillips. This is my note.

Cross Examination of Mr. PHILLIPS.

I think you said you sent into the country for an exact description of these notes? - I did.

You had made no mark upon the note yourself? - No.

Then if you had not had a description from the country you would not have known this from another note of the same value? - Certainly not.

Then you cannot speak with precision to this note but only from a description sent you from the country? - Only from that.

Court. Do you remember the date of it? No; I took no private memorandum myself, I received it from my mother in the country, it was cut in this manner when I received it at two different posts.

Do you remember the sum of it? - I do.

(The note was read in Court, and corresponded with the statement of it in the indictment.)

What did you recollect with regard to this note before you received a letter out of the country? - I recollected the value, to whom it was made payable, and whom it was indorsed by.

Cross Examination of SAMUEL WOOD .

How long did the prisoner live as a servant at your house? - I will not be positive; I believe six or seven months.

You had a good character with him? - I had.

And all the time he lived at your house he behaved himself well? - He did.

During that time he had continual opportunity if he had been so disposed to have robbed you? - Yes; he has been much entrusted, and has received and paid great sums of money for me.

And has always behaved honestly? - Yes; and that was the reason I prevailed upon Mr. Phillips to go back to Barnet to enquire after it.

JOHN MATTHEWS sworn.

I have known the prisoner four years.

When did you receive any notes from him? - He came to me on the 20th or 21st of April; he called at my lodgings, as my landlord informed me; not being at home, he came to me at Lincoln's-Inn-Fields.

To Wood. Was that after you turned him away? - I believe the same day.

Matthews. He called me out; he took out this note of five pounds five shillings, as we were going along Portugal-street. He told me he had left Mr. Wood's.

What did he take it out of? - Out of his pocket; it being cut in two, I told him I did not think it was good. I went to the banker's in Clement's Lane, it being three minutes past five o'clock, they bid me call in the morning; I called in the morning; they said it belonged to a gentleman that had lost it; they asked me where I brought it from; I said from the Cannon coffee-house; I called upon the prisoner, and asked him to take a walk with me, because I wanted him to speak before witnesses; I wanted to ask him him how he came by it; then he pulled out the other note of twenty-seven pounds seventeen shillings and sixpence.

Should you know it if you was to see it again? - I dare say I should; it was in two pieces.

(The note shown to the witness.)

This is the note to the best of my knowledge.

What did the prisoner desire you to do with that note? - As we were going along, I asked him how he came by that? he said he found it, and he wanted me to pass it; we went before this to an acquaintance where I asked him the question how he came by it.

Who was that? - One Mr. Allen in Tottenham Court Road? the prisoner said he found them and the four guineas at the foot of the stairs, in Mr. Wood's house.

Did he say whether he found this loose, or how? - He said he found the pocket-book at the foot of the stairs.

Did he mention any thing of a pair of boots? - Not at that time. I asked him if Mr. Wood, and the Gentleman, never asked him about them; he said, yes; but as he had once denied it, he would never own it; and he wanted to persuade me to take this note of 27 l. 17 s. 6 d. back to Mr. Wood, and say I found it; I told him I would not, but if he would return me the pocket-book with all its contents, I would take it back to Mr. Wood, (as I had the pleasure of living once with him) and tell him I found it; he said, he knew nothing of the 10 l. note, nor the four guineas, as the gentleman said he had lost a 10 l. bank note, and eight guineas, and he found only four guineas. I went to Mr. Wood; he was not at home; I waited till he came home, and told him all the knowledge I had of it.

Was you present when that was found upon him? - I was.

Then you did not take him up; you did not stop him at that time? - No; I immediately applied to Mr. Wood.

- ALLEN, sworn.

I live in John-street, Tottenham-Court Road.

Are you intimate with Matthews? - Yes.

Did he and the prisoner come to your house on the 21st of April last? - Yes, they did.

What passed between them? - I was out when they came, but they waited till I came home; and Matthews told me a story that the prisoner had drawn him in by giving him this Bath bank bill of 5 l. 5 s. to change; the prisoner said he found it in Mr. Wood's house, and a bank post bill of 27 l. 17 s. 6 d. and likewise four guineas in money. We advised him to take the money, pocket-book, and notes, back again; Matthews said, if you do not like to go yourself, if you will give me the book and its contents, I will take it back to Mr. Wood's; the prisoner wanted to persuade him to deny it; Matthews then said he would go and inform Mr. Wood of it.

Mr. Wood. The prisoner did not deny any thing at all in his way to the round-house; he made it appear, that there were a bricklayer, and carpenter, who saw him pick the book up in the morning, whom we know had part of the money. He was very ready to give up every circumstance; it was the bricklayer had the pocket-book.

For the PRISONER.

A witness sworn. I have known the prisoner ten or a dozen years; I never heard any thing of him but what was very good; I was his fellow-servant at the time.

GUILTY of stealing, but not of stealing them in the dwelling-house .

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

[Branding. See summary.]

262. ELIZABETH BREEZE , was indicted for stealing a man's cloth coat, value 5 s. the property of Charles Lander , May 6th .

CHARLES LANDER , sworn.

I am an oilman in Holborn ; upon the 6th of this month I lost a surtout coat out of the passage, to which there is a private door; the door was upon the latch; my servant took the prisoner with the coat upon her.

ANNE MILLER sworn.

I am servant to Mr. Lander. On the 6th of May, between three and four o'clock in the afternoon, I saw the prisoner come in at the street door; the door was only on the latch, she could open it on the outside.

Did you ever see the prisoner before? - No. I was in the kitchen up one-pair-of-stairs backwards; hearing the door open, I went and peeped through the rails, and saw the prisoner come softly along the passage; I saw her take the coat off the nail, and put it in her apron, and run into the street; I followed her, and caught her within four doors of my master's house; she was running away with it; I found the great coat upon her, and brought her back.

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

PRISONER's DEFENCE.

When the prosecutor took me there was nothing found upon me; he took me first.

Mr. Lander. I heard a scuffle in the passage; I ran to see what was the matter; my servant told me the prisoner had stolen the coat; I went out after her, and brought her in again.

Anne Miller . I brought her back, and made her lay the coat down, and gave her two or three thumps on the back, and she went out again; my master came into the passage; I told him what had happened, and he went after her.

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

Tried by the First Middlesex Jury before Mr. JUSTICE WILLES.

263. ANNE CROW was indicted for stealing ten yards of printed cotton, value 10 s. the property of Jacob Worthy , April 27th .

ISAAC HAWLEY sworn.

I live with Mr. Worthy, a linen-draper and silk mercer in Hanway Yard, St. Giles's . On the 27th of April, about three o'clock in the afternoon, I was informed that a person who had been in the shop, had taken a piece of cotton off the counter; we were very busy. I said to the young man who was serving, where she was, why do not you follow her? he said, he did not know which way she was gone; a lady, who was in the shop said she was gone up the yard; I went after her, and passed her, and saw the cotton under her cloak; on my passing her, she looked hard at me, and turned back; I did not speak to her, not being willing to make a noise about it; I thought I would let her walk back quietly before me; she went into the shop; she went in at one door and I at another; I met her, and demanded the cloth of her, and she gave it me from under her cloak, and then wished to run away. I secured her, and took her before a magistrate; the cloth (producing it) has my master's private mark upon it; I am sure it is his property.

Did you observe it on the counter that day? - Not in particular.

PRISONER's DEFENCE.

I went to the prosecutor to buy two yards of ribband for my mistress; I had a gown in a bundle I was going to carry to the Mantuamaker; I took up the cotton by mistake, instead of my bundle; I found my mistake, and went back to the shop.

To Hawley. Was there any bundle of her's left? - No; she said nothing about any such thing; she was kept in the house I believe two hours after she came back.

For the Prisoner.

ROBERT WILLOUGHBY sworn.

I am a taylor; I have known the prisoner five years; I never heard a complaint of this kind against her before; I am sorry to hear it now; I hope it will be a sufficient warning to her.

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

Tried by the First Middlesex Jury before Mr. JUSTICE WILLES.

264. ELIZABETH ROOKE was indicted for stealing a piece of black silk lace, containing twenty-four yards, value 30 s. the property of Charles Pearson , May 17th .

JAMES PEARSON sworn.

I am brother to Charles Pearson , who is a haberdasher in Fleet-street ; the prisoner came to our shop on Monday last, under pretence of buying a hat; she bought one, and asked what would be best for trimming, muslin or lace; I advised lace, and took out four pieces of lace and laid them on the counter; she agreed for four yards; while I was going to cut it off, I saw her take a piece off the counter and ship it on the ground; she then winked to a woman that was with her to come nearer to her, and then got it up under her petticoat; she paid me for the hat and went out; I went after her, and took her by the arm, and led her into the next shop, and found the lace upon her.

Prisoner. If you saw me take the lace, why did not you detect me in the shop, without letting me go out? - I thought it was not an offence if she did not go out.

WILLIAM BOSWORTH FARN sworn.

I was in the shop writing behind the prisoner; I saw her conceal something under her petticoats; I did not see what it was; I followed Mr. Pearson out; we took her into the next shop, and found the lace under her petticoats.

PRISONER's DEFENCE.

I went into the shop, and bought a hat, and gave a guinea for it; the man came after me, and asked if I meant to steal this piece of lace, and said there had been two women in the shop before, and stolen a piece of lace, and I was like one of them; and he believed I meant to steal this; I said, did he think it was worth my while to pay him a guinea for a hat, and steal a piece of lace which he values in the indictment at twenty-four shillings; he said before the alderman first, that he found it under my petticoats; then he said he found it at some distance from me.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Branding. See summary.]

[Imprisonment. See summary.]

265. THOMAS PULLEN was indicted for stealing a gold watch, value 10 l. a steel watch chain, value 6 d. and a brass key, value 1 d. the property of John Pugh , December 23d .

JOHN PUGH sworn.

I am an apothecary and live at Mr. Blackall's, No. 82, Gracechurch-street . I had my watch about five in the afternoon on the 23d of December, I went down to the necessary, and I believe left it on the seat of the necessary; I am rather clear I did. I did not miss it till near twelve o'clock. The prisoner was porter to Mr. Blackall. My watch was found pawned by a person for the prisoner.

JOSEPH HALL sworn.

I live with Mr. West, a pawnbroker, in Aldersgate-street. Mrs. Hewitson brought a gold watch to pledge on the 5th of January in the evening; I lent her five guineas upon it.

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

ELISABETH HEWITSON sworn.

The prisoner brought me the watch and said it belonged to a banker's-clerk, who was arrested for a suit of clothes, and wanted five guineas to get him out of trouble, and I went and pawned it with the last witness.

WILLIAM HEWITSON sworn.

I am the husband of Elisabeth Hewitson . The prisoner came to my house with the watch, and asked my wife to pawn it; he said it belonged to a man who was in the Compter, having been arrested by a tailor, and wanted five guineas to get out; he said the person's name was either John or Thomas Roberts , and that he was a banker's clerk; I desired my wife to bring a duplicate of it in the man's name.

PRISONER's DEFENCE.

I found the watch as I was going out of the door.

To Pugh. As the prisoner was a porter in the house, had he seen the watch? - He had seen it often; he must have known the watch; he carried it once to mend.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

THOMAS PULLEN was indicted for stealing a silver watch, value 30 s. the property of James Green , April 27th .

JAMES GREEN sworn.

I am a watchmaker . The prisoner was a porter in my house. I lost a silver watch out of my shop.

When did you see the watch in your shop? - In the year 1777. I did not miss it till the 27th of April last. My watch was at the same pawnbroker's where Mr. Pugh's watch was pawned.

JAMES HALL sworn.

I took in a silver watch of the prisoner on the 24th of April; he informed me that he bought it of Mr. Green, and gave him five guineas for it.

To Mr. Green. How long did the prisoner live with you? - Above a year.

Did he ever buy a watch of you? - He never did.

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

Prisoner. Did you never lend me a watch? - I had the charge of the parish clock; I have lent him a watch to set the clock by; I never lent him one to wear; I never lent him this watch, it is a new one of my own making; I always lent him old ones.

PRISONER's DEFENCE.

Mr. Green lent me the watch to set the church clock by.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Imprisonment. See summary.]

266. WILLIAM SMITH was indicted for stealing a woollen surtout coat, value 10 s. the property of William Orme , May 7th .

WILLIAM ORME sworn.

On the 7th of this month I lost a surtout coat from my lodging before I was up; I had left it in the Kitchen the night before; my landlord's servant came up to me in the morning, and asked if I had taken my coat up with me; I said no; she said then it was stolen. She alarmed her master, who pursued the prisoner, and took him with the coat upon him.

JAMES BOWKER sworn.

I keep a publick-house. The prisoner came in for a pennyworth of purl; he sent the maid backwards to me for change, which gave him an opportunity to take the coat; she called out to me and told me he had got Mr. Ormes's great coat, and was gone up the Old Change with it; I went after him and desired him to come back; I said he had something that he had borrowed; he said it was nothing but an old coat. He had it wrapped round him under his coat.

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

PRISONER's DEFENCE.

I was going out and found the coat at the door.

Bowker. I saw the coat hang on the curtain-rod while he was in the house; there was nobody else in the house.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Branding. See summary.]

[Imprisonment. See summary.]

267. JAMES KENNEDY was indicted for stealing 12 lb. weight of whole pepper, value 18 s. the property of Francis Bradford , April 19th .

FRANCIS BRADFORD sworn.

I live in Newgate-street . I lost some pepper; but know nothing of the manner in which it was taken; I can only swear that it is my property.

THOMAS RAMELL sworn.

I was in Mr. Bradford's shop, on Monday the 19th of April, between eight and nine in the evening, and saw the prisoner come into the shop and steal twelve pound weight of black pepper; it was in a paper parcel on a tea cannister, in the shop; I was in the back part of the shop, between the shop and warehouse. I saw him run away with it; I immediately pursued him, and brought him back to Mr. Bradford's shop. He threw the pepper down before I took him.

Did you see him throw it down? - I did not?

Can you swear by his face that the prisoner is the boy that came into the shop? - Yes.

Prisoner. When I was brought into the shop, he was asked if I was the person; he said he was not sure, and asked one of the populace.

Ramell. I was positive to him.

JOHN LESSARD sworn.

I saw the prisoner run out of the shop; he was taken immediately; he threw the parcel down on Ramell's crying out stop thief!

ROBERT BEST sworn.

I am a constable. I saw nothing of the transaction. The pepper was delivered to me before the alderman: I have had it ever since.

(The prisoner did not say any thing in his defence.)

GUILTY N. 3 years .

Tried by the London Jury before Mr. Justice WILLES.

268. JOHN JONES was indicted for making an assault upon Abraham Dalby , and demanding the goods of one James Sheering , with a felonious intent , May 10th .

ABRAHAM DALBY .

How old are you? - Thirteen last March.

Do you know the nature of an oath? - No; the first time I did was before Sir John Fielding ? - Do you know what it is to be sworn? - No.

When you take as oath, do you know what you are doing? - No.

Do you know the consequence of swearing falsely? - Yes.

What is the consequence of it? - I shall be punished for it.

Can you say your catechism? - Yes.

When you call God to witness to what you say do you know the consequence of it if you speak an untruth? - Yes.

And are under an obligation to speak the truth? - Yes.

What obliges you to speak the truth? - I do not know.

EDWARD HEWITSON sworn.

I am a watchman. I took the prisoner while he was endeavouring to get the goods from the child. On yesterday-was-week, about seven minutes before ten o'clock, I heard the boy (Dalby) cry out murder! I took it to be some boys at play. A gentleman came up and said, watchman, run, there is a man robbing a child. I went and saw the boy lying on his back with two bundles; his hands were in the bundles; he was begging the prisoner not to take them. The prisoner was standing over him forcing them from him, but could not, as I came up too soon.

Had he any weapon in his hand? - None at all. The prisoner said, d - n my eyes, and he swore bitterly he would be revenged of the boy if he could get at him; he said he did not mind going to Harry Wright 's in Tothilfields for a month. I secured him, and took the boy and the bundles to the watch-house.

Have you the bundles here? - No; Sir John Fielding gave them up to his master. I did not see them opened; I do not know what was in them.

ABRAHAM DALBY again.

You do not understand what is meant by the consequence of an oath; but do you know that it is proper, and fit, and necessary for you, as an honest boy, to speak the truth and nothing but the truth? - Yes.

What will become of you if you do not speak the truth? - I shall be in hell flames burning in fire and brimstone for ever and ever.

Are you come determined to speak nothing but the truth? - Yes.

(He is sworn.)

Remember, you have called God to witness that you speak the truth, and nothing the truth? - Yes.

Where did you meet the prisoner? - Opposite Clement's-Inn, by Clare-market, on Monday-was-week.

What time in the evening? - I cannot exactly tell; it was dark, that was the reason I did not know my way home.

Where was you going? - Home to my master's, Mr. Holmes, No. 6, Poland-street. I had been to my master's son, who is a waiter at a tavern in Fleet-street, for some things to wash. I had two bundles, which I received from Mr. James Sheering 's son. There was in the bundles a coat and some other things.

Did you know the prisoner before? - No, I never knew him before.

What passed when he met you? - I asked him if he would please to show me the right way to Oxford-road; he said, what part are you going to; I said Poland-street; he said, I am going to Newman-street, let us both go together; I said I would if he would not take me out of my way; he said no, he was not one of that sort. He wanted to take me up a dark alley by Clare market; I could see no lamps nor light, and I would not go; then he said let us go this way; I said with all my heart if he would take me the highest way. We came up to Long-Acre; then I knew the way, and wanted him to leave me; upon which he began singing nasty songs, that I did not like; I said he might go his way, if he pleased, as he had showed me so far, and I would go mine; he said no, he would go with me. When we came to Chapel-street, I said, up there is Newman-street, now you may go; he said let us shake hands; then he wanted to have some beer at the sign of the Angel, the corner of Portman-street ; I said, no, I would not; he said you shall; I said I would not; at last I said well let us go in. We were going in, and he said he hated to go into a publick-house, he would have it at the door; I said, where is your money, you have none? he rattled a few buttons, so as I should not see them; I then said I would go home and went away; he caught hold of my wrists and went to snatch the bundles from me, I held them fast; he swung me round, and said now he had me; there was no body near, he threw me down, and said, now if you do not let go the bundles I will kill you; I said if you kill me now you shall not have them; he had me down on my back, I cried out murder! the watchman hearing me came up, and it being dark he fell over us both, he was straddling over me when the watchman came up.

Prisoner. Whether he will swear I am the man that assaulted him? - It was the prisoner, because the watchman came up while he was doing of it; he said he did not mind going to Harry Wright 's for a month; but if ever he came out he would be the doing for me.

Prisoner. Did you ever see me before that night? - No; only you met me at Clare-market and wanted to take me up a dark alley.

PRISONER's DEFENCE.

I was coming along the street, and heard somebody cry out murder; I went to see what was the matter; I saw the young lad on the ground, I went to help him up, and the watchman came up and took me.

GUILTY N. 3 Years .

Tried by the First Middlesex Jury before Mr. BARON HOTHAM .

269. RICHARD HUTTON was indicted for that he in the king's highway, in and upon William Sparrow , did make an assault, putting him in corporal fear and danger of his life; and stealing from his person a wooden box, value 6 d. sixty books of leaf silver, value 3 l. 7 s. 6 d. and twelve ounces weight of silver in the leaf, value 4 l. 16 s. the property of Jonathan Smith , April 10th .

WILLIAM SPARROW sworn.

What age are you? - Turned of fifteen; I am apprentice to Mr. Jonathan Smith , who is a gold-beater; my master sent me with a box to the Blossoms Inn, in Lawrence-lane, on the 10th of April about ten at night; there was in the box sixty books of leaf silver, and twelve ounces of silver in the leaf; when I came to the Blossoms Inn Passage , the prisoner and another stopped me; they asked me where I was going with that box; I said to Blossoms Inn; the other man laid hold of the box which I had under my arm; the prisoner said to me you fool loose the box he is the book-keeper; I said I knew he was not the book-keeper; the other man knocked me down in the kennel, and ran away with the box; the prisoner held me by the shoulder to keep me from running after him till he got off; he ran up Lawrence-lane, and the other man ran down the lane; I went through a turning in King's-street thinking to meet him but could not; I went home and told my master.

Was it light enough to see the man? - Yes; there were several lamps just by; I am positive the prisoner is the man; I took notice of the features of his face, I did not observe his dress; he had a brown or black coat buttoned close.

When did you see him again? - About a fortnight after; I knew him directly.

Are you positively sure that is the man? - I am positively sure; I have no doubt at all.

Prisoner. It is by the persuasion of Sir John Fielding 's men that he swears to me? - They never said a word to me; the prisoner was then in custody at the Brown Bear ; Sir John Fielding 's runners took me there, there were a great many people; I singled him out immediately.

JONATHAN SMITH sworn.

On Saturday the 10th of April I sent my boy with a box to the Blossoms Inn; he came back in about an hour crying, with his back all over dirt; he said two men came up to him and asked him where he was going with the box; that one of them took hold of the box, and the other said he is the bookkeeper you fool give him the box; that they threw him down and took the box from him; that one held him while the other ran away with it; he said the man that held him was about my stature of a brown complexion, brown hair tied, and a longish chin; as soon as my boy went into the room at the Brown Bear and saw the prisoner, he said that is the man that held me while the box was taken from me; I was in the tap room, the boy went into the parlour with one of Sir John Fielding 's men; he came out and told me the man dressed in black was the man that held him while the other took the box from him.

PRISONER's DEFENCE.

There was no property found; I was taken a good while after the affair; I am entirely innocent.

For the Prisoner.

- EARL sworn.

I keep a circulating-library in Carnaby-Market; the prisoner's mother lodges at my house; he always appeared to me to be a sedate sober person; I never heard any ill of him.

ANNE SEDON sworn.

I have known the prisoner five years; I never knew any thing bad of him since he has been in my house; I never missed any thing; he was a gentleman's servant.

Have you known him lately? - I cannot say I have known him these two years.

- BALL sworn.

I have known the prisoner from a child.

Have you known him lately? - Not lately.

Have you known him within these twelve months? - No.

Two years. - No; I have not seen him these two years.

Three years? - I have seen him in that time.

THOMAS HUNT sworn.

I am a tailor; the prisoner lodged with me about five or six weeks; he took the lodging as a person out of place; he followed no business, kept good hours, and behaved very well.

SARAH HUNT sworn.

I am the wife of the last witness; the prisoner lodged at our house; he behaved very decent and sober.

JOHN BALL sworn.

I knew the prisoner five years ago; he then bore a good character.

GUILTY Death .

Tried by the London Jury before Mr. RECORDER.

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

270. DANIEL FLANAGAN was indicted for stealing four steel saws with wooden handles, value 8 s. a carpenter's plow, made of wood and steel, value 5 s. and a carpenter's bowling-stock, made of iron and steel, value 2 s. the property of Justin M'Carty , May 6th .

JUSTIN M'CARTY sworn.

I am a carpenter in Little Suffolk-street in the Hay-Market . On Thursday the 6th of May, between twelve and one o'clock in the night, the watchman called me up to see if I had lost any thing out of the shop, as he said the door was open; I made all the haste I could down, and missed four saws; the watchman told me, the man who had taken them was apprehended, and was in the watch-house. I went to the watch-house, and saw the prisoner, and all the things mentioned in the indictment. The prisoner came to work for me about six weeks before Christmas, and lodged in the house; I discharged him last Monday was week, because I could not get him to work; that was the Monday before the robbery; he always behaved very well while he was with me; I never suspected him.

- M'KENZIE sworn.

I am a patrol. On the 6th of May, about half after 12 o'clock, as I was taking my rounds, I saw the prisoner lurking about the prosecutor's house; on my coming up to him he crossed the way; I told the watchman of him; I went away and returned again in about ten minutes, and met the prisoner with the saw; I laid hold of him, and asked him where he was going; he said, to his lodgings. I asked him where he got the things; he said they were his own; that he worked at Mary-le-Bonne. I took him to the watch-house. He was within two yards of the prosecutor's door when I took him; it was dark, I did not see him come out of the house; I found all the things under his arm.

(The things were produced in court.)

Prosecutor. My name is at full length on the plane; I am so much used to the saws that I cannot but know them.

Suppose you was at work in a shop with ten carpenters, who all had six saws each, could you pick your saws from among them? - Yes; if there were fifty I could; the stock is mine: I have the bit here that fits it.

Prisoner. Whether he has not given me leave to take tools if I had a job to do, without asking him? - He often has taken tools and brought them back again; whether that was his intent now I leave to you.

Was the door broke open? - There is a door under my shutter that was neglected to be bolted, where I suppose he might get in.

Have you let him take tools? - Yes, he had not many of his own.

That was while he lived with you? - Yes.

Did you lend him any after he left you? - I do not recollect that I have lent him any; I believe if he had asked me I should.

ROBERT GOLDNEY sworn.

I am a patrol; I saw the prisoner lurking about some time; he went over to the Hay-Market; my comrade bid the watchman take care of him, and we went away. when we returned, we took him, with the things upon him, within a few yards of the prosecutor's door. He said he had been at work at Mary-le-Bonne, at the New Chapel, and was going to his lodgings in Drury-Lane. I thought it an odd way from Mary le-Bonne to Drury-Lane through Sutton-street. We took him to the watch-house, and found the things upon him.

For the Prisoner.

RICHARD DAVIS sworn.

I keep a broker's shop in Little Earl street, Seven Dials. I have known the prisoner seven years; I have frequently employed him, and lent him tools and money; he punctually paid me. He had recourse to my house; I never missed any thing.

JOHN DAVIS sworn.

I am a shoemaker. I have known the prisoner about nine years; I never heard any thing to blemish his character before this affair. I introduced him into a benefit society which I belong to. I would not have done that if he had not borne a good character.

ANDREW ROOKE sworn.

I am a victualler. I have known the prisoner upwards of three years. I never heard any thing to impeach his character before this; he used my house and paid me very honestly.

JAMES LANE sworn.

I have known the prisoner nine years; he lodged in my house two years and a half; I never heard any thing but that he was very honest.

Jury to the prosecutor. Whether you have permitted him to take tools at a late hour of the night? - No, not so late as that; he has told me that he has had a job to do, and has taken tools which he has brought back again.

GUILTY .

Tried by the First Middlesex Jury, before Mr. Baron HOTHAM .

[Branding. See summary.]

271. ANTHONY COLEMAN was indicted for stealing eight glass bottles of red Port wine, value 8 s. one bottle of Calcavalla wine, value 2 s. one bottle of Frontiniac wine, value 18 d. and a bottle of Madeira wine, value 18 d. the property of John Baldero , Esq. May 13th .

JOHN ROBERTS sworn.

I am servant to Mr. Baldero, in Bedford-square . The prisoner was Mr. Boldero's butler . I saw the prisoner hide five bottles of wine in the coal-hole of my master's house. I saw him carry them from the pantry to the coal-hole, in a secret manner. I have twice heard the prisoner confess he took the wine out of Mr. Baldero's cellar. I found a pint of Madeira and a bottle of Frontiniac in a box of the prisoner's, containing some linen; the wine was under the linen. I saw a bottle of wine upon the sacking under the bedclothes of the prisoner's bed. I heard the prisoner confess that he took all the wine out of his master's cellar.

ROBERT HINCEMAN sworn.

I am a constable. On Friday morning I was sent for to take charge of the prisoner. I went between eight and nine in the morning; the prisoner was then in bed. I was desired by the other servants to search the prisoner's things; I did and found two bottles of wine under his linen in the box, and one under the bedclothes; I found five bottles of wine in the coal-hole. Mr. Baldero asked him how he came by the wine, he confessed that he took the key out of the parlour, and opened the cellar, and took out the wine. One of the bottles was not full. He fell on his knees and asked his master's pardon. Mrs. Baldero charged him with having the key of the locker in the back parlour in which the key of the cellar was kept; the prisoner denied it; I searched him and found the key upon him.

JOHN YOUNG sworn.

I am the keeper of St. Giles's round-house. Last Thursday I had a gentleman's servant in the roundhouse that was impressed to go before the commissioners. The prisoner came to see him; he brought a bottle of wine and asked him to drink; he handed it round; I had a glass.

JOHN WALDEN sworn.

I keep the Bedford Arms in Charlotte-street, near Mr. Baldero's, in Bedford-square. On Thursday the prisoner brought a basket with three bottles in it to my house, and desired me to take care of them till I saw him; I do not know what was in the bottles. I never saw him afterwards, till I saw him here

JOHN BALDERO Esq. sworn.

When the prisoner was charged with taking the wine, he went down on his knees and begged I would forgive him. He confessed that he took a small key that belonged to the locker off the side board, out of which locker he took the key of the wine vaults, and went down and got the wine out of the wine vaults. This confession related to the five bottles of wine.

Jury. Whether this confession came freely from the prisoner, or was obtained by promises? - There were no promises whatsoever; I charged him with being ungrateful, I had been a friend to him in a particular manner; he went down on his knees and desired me to forgive him; I desired him to get up off his knees, I said I should certainly prosecute him, and I went into another room.

Is there any marks on the bottle? - I cannot say that there is.

Whether you apprehend him to have been guilty of taking all the wine at one time, or that it was taken on different days? - Different days I believe.

PRISONER's DEFENCE.

I have often sent for wine; I have bought wine several times of Mr. Walden; I could not get a glass of wine in the house, I had always the key of the locker; the night before Mr. Baldero went to Bath my master's son delivered me out five bottles; my mistress charged me with drinking the wine; I said I could tell her when they were opened time and place; she took the key of the locker from me.

For the Prisoner.

JOHN WALDEN sworn.

The prisoner bought two pints of port wine of me at different times while his master was at Bath.

Jury to Mr. Baldero. Did you trust him with the keys of the cellar? - No; only with the key of the locker where the key of the cellar was.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. DEPUTY RECORDER.

272. JAMES DAVIS was indicted for that he in the king's highway, in and upon Charles Manners , Esq. commonly called the Marquis of Granby , did make an assault, and did feloniously demand the monies of the said Charles, with intent the monies of the said Charles to steal , May 8th .

JOHN WEATHALL sworn.

I am second coachman to the Marquis of Granby.

Was you driving the Marquis on the 8th of May. - Yes; the coach was stopped between nine and ten at night at Knightsbridge , near the cloth manufactory, coming from the duke of Rutland's. The prisoner was coming a sharp pace; at the side of the horses he said, stop immediately, d - n your eyes, or I will blow your brains out! I did not see any thing in his hand. I did stop as he desired. I might run perhaps twenty yards. As soon as the carriage stopped I watched his motions; I saw him at the chariot, and saw my fellowservant lay hold of him.

Did you hear what he said to the Marquis of Granby? - No.

LUKE WEST sworn.

I am footman to the Marquis of Granby. I was behind the chariot when my lord was coming from the Duke of Rutland's, between nine and ten o'clock. The prisoner came behind the carriage first, then he passed it, and rode up to the coachman. I immediately leaned my head over the carriage, and heard him say three or four times - stop, or I will blow your brains out! When the chariot stopped he went to the window, and said to the Marquis of Granby - deliver your money immediately, or I will blow your brains out. I jumped over the wheels, laid hold of him, and unhorsed him. He said he would blow my brains out. My lord came out of the chariot, and we secured him, put him into a hackney coach, and carried him before a magistrate.

PRISONER's DEFENCE.

I have no witnesses. Knowing myself clear of any robbery I thought it was of no use to call any. I was in liquor. I know not what I might say. I belong to one of his majesty's ships. I did not expect my trial to come on till the afternoon. I was in liquor. I asked his lordship if I had robbed him, or demanded his money. He said no I had not. It was never my intention to do any thing of the kind. The horse I had was my own.

To West. Were any fire-arms found upon him? - No.

Were there none found near the place? - None that I know of.

GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

[Imprisonment. See summary.]

273. ELIZABETH MURRAY was indicted for stealing a linen handkerchief, value 10 d. a leather pocket book, value 1 s. a Bank note for 50 l. a Bank note for 20 l. another Bank note for 20 l. another Bank note for 20 l. and another Bank note for 20 l. the property of Robert Barry , Esq. privately from his person , May 11th .

CAPTAIN ROBERT BARRY sworn.

Do you recollect on May the 10th meeting with the prisoner? - I believe it was the 11th. I believe it was past twelve o'clock. I had rather taken a glass too much; still I had my recollection, but I did not attend to the hour. I had been at Munday's coffee-house, in Round Court, to meet a gentleman who did not come. When I left the coffee-house, in my way through the court to Chandos-street, the prisoner accosted me. I desired her to go about her business; that I did not wish to see her; that I was not a fit person for her, and so forth. She told me a great many stories, and so far insinuated herself as to demand my attention. She told me she was exceedingly poor. Seeing me to be an officer, she said she had been at Gibraltar a considerable time, and had known some persons in the 58th regiment. She begged me to hear her story; that I would go to a place called the Key tavern, just by there. She, I believe, rung at the door, and a man opened it. I went just within the door. I do not know whether I called for drink or she did. The man said there was none to be had. I went out directly. I said, poor creature, go about you business, here is half a crown in charity, and she went away. Immediately after she was gone I missed my handkerchief, and said, I believe in the hearing of the waiter, that she had picked my pocket. I had no suspicion then of any thing else, and went home to Wood's Hotel, where I lay. When I had got into bed I felt, as I always make it a rule, to know if I had my pocket book; sometimes I have things of value in it. It being gone I was a good deal alarmed. I got up, put on my clothes, and took my servant with me, and went to see after her. I went to the place where I first met with her, but could see nothing of her. Two patroles came up, and, seeing a woman, ran up to her, and brought her down to me. When she came I knew so little of her, upon my word, I could not recollect her face; but, upon her speaking, I perfectly well knew the voice, and she immediately owned she was the person that had been with me. I forgot to observe that I told the patrole I had been robbed by her. I asked her how she could be guilty of such an infamous thing as robbing me. She denied it. The patrole carried her to the Key tavern; when we came there she persisted in denying the robbery. I went to search her pocket. The patrole said it was his province to search her. She then put her hand into her pocket, and pulled out this pocket book. (Producing it) I said, that is my pocket book. She pulled out a memorandum book, and then my handkerchief, which I have not here. I had that night a 50 l. note.

How long before you met her had you seen the notes in the pocket-book? - I saw the notes in the pocket-book that day, and I had the pocket-book at Medley's. I had a 50 l. note I got in change of a 100 l. note at Biddulph and Cock's, and four 20 l. notes, which I had in part of payment of a draft from Mr. Ballard, upon Biddulph and Cock's. I had them in my pocket-book at the time it was taken out of my pocket. I asked her where the notes were; she persisted in denying them; I went into a room to persuade her to give my property up; I told her I would not prosecute her; I said a good deal to her upon the occasion; I said if she did things of this kind she must come to an untimely end some time or other. She still persisted that she had them not. She would not give them up. As we were carrying her from thence to St. Martin's watchhouse she produced the four 20 l. notes, and gave them to one of the patroles, who immediately gave them to me; I opened them and found there were only the four 20 l. notes. I said there was a 50 l. note, where is that? she said she had it not; I told her she certainly must have it, and when she went to the round-house she should be stripped and examined, which accordingly she was; the note was not found upon her; the person who examined her wished to know if he should examine farther than he did, (your Lordship knows what I mean, I do not mention it out of delicacy). Hearing some people had connexion with her, the constable went to see if they could find it. She lay in the round-house that night. As these prosecutions are disagreeable, and the world censures them, I had not an inclination to bring the thing on, and the woman was consequently discharged. That very day, a friend of mine asked me if I had the number of the 50 l. note; I said I had not, but could get it at Biddulph and Cocks's; he went with me and we got the number of the note, and went to the Bank on Wednesday morning, and stopped the payment of it. She was taken up in consequence of my understanding that note was paid to a Mr. Bride, by three women. The part of the pocket-book my notes were in has a clasp. She did not know the manner of it, and had forced it open to get the notes out.

What pocket had you the book in? - My left hand waistcoat pocket. My handkerchief was in my coat pocket. I have but three of the notes here; I have paid one away. The notes I received of Messrs. Biddulph and Cocks, and a 50 l. note, were the notes in my pocket, these are the notes, the prisoner gave me; she said they were my property.

Court. Can you positively recollect that you had the pocket-book when you met the girl? - Positively. I had it in Munday's coffee-house. I saw nobody but the prisoner.

JAMES WENDER sworn.

I am clerk to Messrs. Biddulph and Cocks the bankers.

Do you remember paying a sum of money to Captain Barry? - Yes. On the 10th of April, a 50 l. Bank note, one of 20 l. and two of 15 l.

Did you pay any further sums? - On the 8th of May, four 20 l. notes, and 4 l. in cash.

To Captain Barry. On the 8th of May you received these four notes? - Yes.

To Wender. Look at these notes (showing him the three 20 l. and 50 l. notes)? - These are the notes, I have the particulars of them from our books, I paid them to him myself.

(The notes were read in court, and corresponded with the statement of them in the indictment.)

JOSEPH TUNK sworn.

I am a patrole. On the 11th of May at about a quarter or half after two in the morning, when I was standing in Vine-street, just by the gateway that leads from Chandos-street, I saw two men coming down. Captain Barry came up to me and said a woman had done a very wicked thing somewhere thereabout. He said if I could tell where she lived, or apprehend her, he would give me 20 l. I said to him, to pretend to put one's hand on such a person here I might as well pretend to put my hand on a needle in a bottle of hay. I said has she robbed you; he said she had, of four 20 l. notes and a 50 l. note. I stopped and saw a woman coming; I said, is this her; I went and took her by the arm and asked her if she was the person; she owned it immediately to me, and said she had the pocket-book which I charged her with, I took her to Captain Barry, and asked him if he knew her; he said no, he did not know her face; upon her speaking, he said he knew her voice, that she was the woman's upon that she owned she had the pocket-book.

How far was you from Captain Barry when you took her? - It might be about fifteen yards I believe. I put my hand in her left hand-pocket, and found one of the pocket-books. I put my hand in her right hand pocket, and found the other with clasps; he went to take it, and would have let her go, but I said no, you shall go to the watch-house and see that you have your property. We took the prisoner to the Key Bagnio, and the prosecutor desired to go into a room to speak to her; we went into the room all together; the prisoner desired we might go out of the room; we went out, but though I was out of the room I could hear all that passed; he talked to her of the had consequences of it; after a long persuading, she would not produce the notes; I then went in and said if he talked to her ever so long she would never produce the notes, and insisted upon her going to the watch-house, upon which we all came out, and as we were going along, I said if she did not produce the notes she would be hanged. When we were near Chandos-street, she turned about and said, I will own the truth now; she pulled a bundle of notes out of her bosom, and said here are the notes. I gave him the notes, and he desired to go back to the bagnio; we did; he looked at the notes; there were only the four 20 l. notes; he said there was a 50 l. note. She persisted in denying that, but owned she took the other four from him. I searched her pockets, and found half a crown, which she said the gentleman gave her, and two shillings and a sixpence, and the gentleman's pocket handkerchief.

Do you remember any further conversation between her and Mr. Barry in the room? - Yes; he said, did not I meet you by mere accident in the street, seeing me an officer, you told me you knew a person in the regiment I was in, a relation of yours, and out of charity because you knew him, I gave you half a crown; how could you do such a wicked thing to rob me?

Court to Mr. Barry. At the time she took your pocket-book did you know of her taking it? - No; I did not miss it till I got to bed.

PRISONER's DEFENCE.

I did not know that my trial would come on so soon; I have no witnesses; he said to me he had not lost his pocket-book, and that he had been with another woman.

To Mr. Barry. Did she deny having the pocket-book, when you first saw her, or only the Bank notes? - I cannot say.

GUILTY of stealing the goods, but not guilty of stealing them privately from the person .

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

[Imprisonment. See summary.]

274. BENJAMIN WHITE was indicted for stealing 70 lb. of lead, value 6 s. the property of Peter Swinton , the said lead being affixed to a certain empty house, the property of the said Peter , April 27 .

DANIEL COCKFIELD sworn.

I am plumber to Mr. Swinton, he has a house in Acton Street, Gray's Inn Lane . On the 30th of April I was informed that some lead had been stolen from Mr. Swinton's house, and was at the sign of the Angel; I went and saw it, and knew it to be the lead I had put on the pediment. I measured the pediment and the lead, and compared the screws with which it had been screwed down; I am sure it is Mr. Swinton's property; I saw it on the pediment on the 27th.

THOMAS WRIGHT sworn.

On the 27th of April in the morning, about four o'clock, as I was going my rounds, I met a man with a bag over his shoulder going into his apartment; I asked him what he had there.

Where is his apartment? - Goswell-street. I asked him what he had there; he said what is that to you. Upon that he threw the bag off his shoulder and ran for it; I pursued and took him. I took the lead to the watch-house and afterwards to Justice Black-borow's; and then it was carried to the sign of the Angel where Cockfield saw it. I went and searched the prisoner's apartment and found some more lead.

PRISONER's DEFENCE.

On the last Monday was three weeks I went down to Ware in Hertfordshire to see my brother; after I had seen him I came back the same night; coming up between Tottenham High Cross and Stamford Hill Turnpike, I saw a Jack ass and a pair of pads; I went and looked and saw there was nothing in the pads; I went a little farther and saw something that I thought was a man asleep, I went to it and found it was two bags; I kicked it and found it was very heavy; I opened them and found it was lead; I waited a while till a man came up with a team who was going to Dalston; I got him to bring it for me as far as Kingsland turnpike; I then took one bag to my lodging and went and fetched the other, and just as I got home with it this man came and asked me what I had got; I said nothing of any consequence; I supposed it did not belong to him. He opened his coat and pulled out a pistol, which put me in a flurry and I made my escape. He threw his pistol after me and said d - n you. When he took me he called some butchers to assist him, they would not; he pulled his bayonet off and stabbed me three times in the side.

To Wright. What account did he give of the lead? - He said he found it at Stamford Hill.

GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

[Imprisonment. See summary.]

275. ISABELLA RAY was indicted for stealing a mahogany tea chest, value 2 s. and a looking glass, value 3 s. the property of Thomas Statford , April 17th .

THOMAS STATFORD sworn.

I lost the goods on the 17th of April, about twelve o'clock.

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

JOHN HAYS sworn.

I saw the prisoner, with the goods in her possession, running along a court in Nightingale-lane, in great confusion; I and a boy who is on board a ship, pursued her; upon which she threw the things away and took refuge in an empty house. I afterwards attended her before the justice, there she fell into a fit.

(The prisoner did not say any thing in her defence.)

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

Tried by the First Middlesex Jury before Mr. DEPUTY RECORDER.

276, 277. WRIGHT STAGG and THOMAS GROVES were indicted for stealing a piece of woollen cloth, containing seventeen yards, value 14 l. the property of Lloyd Beale , in his dwelling-house , May 15th .

ELISABETH DICKINS sworn.

I live at Islington. On the 15th of May, as I was going by Mr. Lloyd's, to market, I saw the two prisoners walking by his house; I watched them, and saw Groves go in and bring out a piece of black cloth and give it to Stagg; I informed a person of it who stood at the corner of the court and they were taken.

JOHN PANTRY sworn.

I was standing at the corner of Dove-court , where Mr. Beale lives; Dickins came up to me and said two fellows had robbed that house, pointing to Mr. Beale's; I saw the prisoners at the door, I went up towards them, and they both ran away; Stagg had a piece of cloth under his arm, Grove looked back, and Stagg dropped the cloth. I called for assistance, and they were both secured; there was nobody in the street from one end to the other but the two prisoners. I am positive Stagg had the cloth; I took it up.

Stagg. Did you see me chuck the cloth down? - No. He chucked it down immediately as he turned the corner; I saw it in his hand.

(The cloth was produced in court by the constable and deposed to by the prosecutor.)

LLOYD BEALE sworn.

The cloth was brought to be pressed; I had it in my hand about five minutes before Pantry brought it to me; we had a countryman at our house, and were observing how pretty the mark was; it was taken out of the work-shop in the house.

What is the value of it? - About ten pounds.

STAGG's DEFENCE.

I am as innocent of it as the child unborn; I never had the cloth under my arm.

GROVES's DEFENCE.

As I was coming along I heard the cry of stop thief! I ran, and the gentleman laid hold of me.

BOTH GUILTY of stealing to the value of 39 s.

Tried by the London Jury before Mr. RECORDER.

[Imprisonment. See summary.]

278, 279. ESTHER HICKMAN and SARAH ARMSTRONG were indicted for stealing a piece of printed linen cloth, containing eighteen yards, value 30 s. the property of Isaac Scott , May 18th .

ISAAC SCOTT sworn.

I am a linen-draper . The prisoners came into my shop to be served with some linen. My servant shewed them several pieces; I was in the shop when they came in, but went up stairs. I was called down and told they had taken a piece of linen. I went and found them at the Coach and Horses, and brought them back, and the servant at the ale-house brought the linen in after them.

ALEXANDER YOUNG sworn.

On Tuesday the 18th of March, at about half after six o'clock, I went to Mr. Scott's to fetch a piece of cloth for my mother; the prisoners were in the shop, one of them had a red cloak on; I saw a piece of cloth hang down under the red cloak; I saw it move just before she lifted it up under her cloak. I had a suspicion of them. When they were gone, I told Mr. Scott of it, and I staid till they were brought back again.

Which had the red cloak on? - Sarah Armstrong ; the other was at the other end of the counter.

ESTHER SAVOY sworn.

I am servant at the Coach and Horses, in Bartholomew Close. I was coming out of the yard; the prisoners were in the house. Hickman asked me to bring up a bundle she had dropped down the cellar stairs; I went to fetch the bundle; before I returned, Mr. Scott came, and took them out of the house. I carried the linen to Mr. Scott's.

Where was Hickman when she asked you to bring up the bundle? - Sitting on our stairs next to the cellar stairs; I delivered the linen to Mr. Scott.

Mr. Scott. I took care of the linen till we went to Guildhall then I delivered it to the constable.

( Joseph Spencer a constable produced the linen which was deposed to by the prosecutor.

HICKMAN's DEFENCE.

I leave it to your generosity; that boy and woman are bribed to take our lives away.

ARMSTRONG's DEFENCE.

The woman told the boy they should go to the Old Bailey, and have some money, and laughed as she has done now in your lordship's face.

BOTH GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Branding. See summary.]

280. JOHN MATTHISON , otherwise MAXWELL was indicted for that he feloniously did forge and counterfeit a Bank note with the name O'Gething thereunto subscribed, purporting to bear date the 2d day of March, 1779, and to have been signed by one Owen Gething , for the governor and company of the Bank of England, for the payment of the sum of 20 l. to Mr. Robert Goordon or bearer on demand the tenor of which said forged and counterfeited note is as followeth , that is to say

No. 151 17 79

I promise to pay to Mr. Robert Goordon or bearer on demand the sum of 20 pounds,

London, the 2d day of March, 1779, for the governor and company of the Bank of England.

O. Geething.

Twenty

Entd R. Lateward.

with an intention to defraud the governor and company of the Bank of England , March 9th .

2d Count. For forging a note in the form of a Bank note, with the like intention.

3d Count. The same as the first only with intention to defraud Edward Man .

4th Count. The same as the second with intention to defraud Edward Man .

5th Count. For forging a promissory note, with intention to defraud Edward Man .

6th Count. The same as the 5th with intention to defraud the governor and company of the Bank of England.

EDWARD MAN sworn.

I am a silversmith at Coventry. The prisoner came to my shop on the 11th of March last, to buy a pair of buckles and asked me if I could give him cash for a Bank note; I said I had not enough in the house, but I would go to a neighbour, a banker; I went to Messrs. Liddle and Co. and got the cash, and delivered the Bank note to their clerk, Jeremiah Wall. (The note shown him.)

Can you tell whether that note is it? - I cannot say whether that was it or not.

JEREMIAH WALL sworn.

Did you receive any note from Mr. Man? - Yes.

To Mr. Man. What time in the day did the prisoner bring it to you? - I cannot say.

Was it day-light? - Yes.

How long did he stay? - Only while I went to get change.

Cross Examination.

You never saw him before? - No, nor after, till I saw him at Sir John Fielding 's.

To Wall. Is that the note? - Yes; we copied it in our day books; I put 888 upon the back of it under the Britannia.

Are you sure that is the same note that you received that day from Mr. Man? - I am very positive.

Cross Examination.

What is the meaning of that number? - It is a method we use in entering notes, we do it only for our own satisfaction.

Do you always use the same numbers, or progressive numbers? - Progressive numbers, we begin from one to about 1000 and then begin again.

There is nothing but this number to induce you to believe this is the note? - It is the strongest evidence of it.

What day was it brought? - The 11th of March.

How do you know that? - From the entry in our books.

Where are the books? - At Coventry.

You speak from your memory being refreshed by the books? - Yes.

And nothing else? - No.

Court. Did you make the entry in the books yourself? - Yes.

Messrs. Liddle and Company do a great deal of business? - Yes, as much as any country offices do I believe.

In the course of four months past how many Bank notes have gone through your hands? - I cannot say.

Is not O. Gething the name commonly subscribed to Bank bills? - Yes.

You would have known nothing of the identity of the bill if you had not inspected the books at Coventry? - I am certain that is the note.

From inspecting the books? - Yes.

Connsel for the Crown.

You have looked at the entry you yourself made? - Yes, I have.

Having so refreshed your memory, are you positive this is the note which was brought to you by Mr. Man on the 11th of March - Quite positive.

Court. Do you recollect how soon after you received the note it was that you put the fig ures 888 upon it? - I cannot tell the minute, as soon as time would permit.

Do you put the numbers on before you put the notes in the drawer? - Yes, always.

This is your hand writing? - It is.

Should you have known it by the number without seeing the books? - Yes; I gave the cash and made the entry with my own hand.

(The note was read in court and exactly corresponded with the statement of it in the indictment.)

Can you tell how far you have got in the progressive numbers? - No.

Since the 11th of March to your own knowledge have you indorsed any other bill 888? - Not to my knowledge.

FRANCIS MARTIN sworn.

I am deputy secretary to the Bank.

Whether that is a genuine Bank note? - I believe it to be a false one; I have examined this note with our books; I do not find such a note issued out of the Bank that day. I have examined both the cash book and the note ledger.

Have you any other reason to say it is not a genuine Bank note? - Yes the dotted lines drawn along here are not true, a pair of compasses will show it, they are not parallel, they are not such as could be taken from the plate used by the Bank; the letter N at No. is a little different; in the word bearer the e and the r are too close.

Court. You have examined it with the plate? - I have with other notes taken from the plates.

You have a general knowledge of the form the Bank plates bear, as to the circumstances you have related? - Yes, I have.

From that knowledge you made these observations? - Certainly so; and I believe this is a forged note.

Is there any other reason that occurs to you on the face of it? - I do not recollect any at present.

Jury. Has the cutting of the bill in two made no alteration in the parallel lines? - I believe it has not.

Does your observation go to the parallel lines on the same part of the paper? - I think it is perceivable by the eye.

OWEN GETHING sworn.

I am one of the cashiers of the Bank.

Is it you business to sign Bank notes? - Yes, it is.

Look at that name, O. Gething? - That is not my hand-writing.

You are perfectly sure of that? - I am.

There is no other cashier of the Bank of your name I suppose? - No. This is not Bank paper, and no such note as that has been issued from the Bank.

Cross Examination.

The water mark is in that? - There is something like the water-mark Bank of England.

Can you tell upon the view of the mark itself whether it is the water-mark used by the Bank? - It is not: and the white lines in the paper of this note are not the same as ours.

So you are sure it is not Bank paper? - I am.

Court. All Bank notes are not written upon paper of the same consistencey; some Bank notes are upon much thicker paper than other? - There may be a little difference in that.

Court. Is the number of white lines always the same upon the Bank paper? - I believe it will be found so.

What reason have you to swear that this is not your hand writing? - Because there has no such note been issued on that day.

Does it differ as you can see in any respect from your own hand-writing? - It does differ; it is stiffer.

Suppose you saw that upon an indifferent paper, and had not the reasons which you now have to think this was a forgery, could you have sworn it was not your hand-writing? - I do not know that I could.

Counsel for the Prisoner.

You will not say it is impossible for a clerk of the Bank to issue a note and mistake the day of the month? - It is not impossible.

RICHARD LATEWARD sworn.

You are an entering clerk at the Bank? - I am.

I believe you see the name Richard Lateward signed there? - Yes.

Is that or not your hand-writing? - It is not my hand-writing.

By what token is it that you can say it is not? - I generally strike the R and the L.

So then you take upon you positively to swear, that it is not your hand-writing? - I do.

Suppose that name was presented to you upon a sheet of common paper, would you be able to say that was not your hand-writing? - I should.

Do not you sometimes write your Bank notes without a flourish? - No, I do not generally.

To Mr. Gething. Look at this ten pound note, that is a genuine note is it? - It is.

When was that made out? - On the 2d of March 1779.

Who took it out? - I cannot say that.

SAMUEL FIDO sworn.

Did you ever pay that note at the Bank? - I did.

What are you? - A teller at the Bank of England.

When did you pay that note? - On the 17th of March I received this note from the prisoner, and paid him, money for it, and for two others; he brought for payment.

Court. Were they all good? - All good.

Court. How came you to recollect particularly receiving this note from the prisoner on the 17th of March? - On the 24th of March he came again to me to have two Bank notes for thirty pound, one for twenty and another for ten. The Excise-office were paying in 7000 guineas. There was a scruple about one of them; the prisoner looked at it as it lay at a distance, and said it was a good one; then I recollected him; I turned to the book and saw I had paid him those three notes.

Court. When notes are paid at the Bank they are cancelled are they not and never issued again? - They are never issued again, there is a hole stamped through the note, and the cashier's name is torn off.

JAMES TALBOY sworn.

Where do you live? - Opposite Arundel-street in the Strand.

Do you know the prisoner? - Very well.

Do you remember his coming at any time this year, and when, to lodge at your house? - On the 27th of February to the best of remembrance.

What apartment had he? - A first floor for himself, and an upper chamber for his sister to lie in; he had the first floor for his own use and she a three-pair-of-stairs back room. My house is four stories high.

Do you remember when he left your house to go into the country? - I think it was on the 24th of March.

Had he been out of town before at any time? - At two separate times.

Did he go out of town any other time? - He went out twice in the course of the month of March; once he was out a week; the second time he was out only two days.

Have you any recollection about what time he went out of town? - He came to lodge at my house on Saturday the 27th of February; and on the Tuesday or Wednesday sen'night following he set off; he told me he was going to Norwich.

How long was it before he returned? - About a week.

Did you make observation of his manner of living while he was in your house? - He behaved with all the good order and regularity that we wished for; he kept remarkable good hours, and during his whole stay he drank only one pint of liquor.

Did you observe any thing particular in his behaviour or in the style of his living? - He seemed no way shy whenever he came in, he passed the compliment of the day or the night, and would sometimes stand for some time in the shop, and chat about indifferent matters.

Did he carry on any business that you observed? - When he took my apartment, I asked him for what length of time he would have it; he said a fortnight or three weeks; he said as soon as he had finished his business he should go out of town; I asked him what his business was, he said he was a clock and watch-maker, and came to town for some little instruction. He some times was privately by himself in his back room, from which I judged that he had some piece of work that required retirement.

What do you mean by privately? - His sister was not with him, he was by himself.

Court. Did his sister appear in the character of a gentlewoman? - She appeared very mean for a person that took an apartment at fifteen shillings a week.

Court. You do not know by what coach he set out? - He did not acquaint me of quitting his appartment till half an hour before he left it.

Do you know by what coach he went? - The first time he went off, he went with boots and a whip, upon which I supposed he was going on horseback.

You do not happen to know of his taking a place in the Norwich stage, or any thing of that sort? - No.

Jury You cannot recollect whether it was the Tuesday or Wednesday he went from your house? - No, I cannot, but I believe it was the Tuesday; he still had the lodgings, his sister staid in them.

Court. At what time of the day did he set out? - At three in the afternoon.

MARGARET TALBOYS sworn.

Do you remember upon what day the prisoner went out of town? - It was on a Tuesday.

Was it on a Tuesday or Wednesday? - On a Tuesday at three in the afternoon he set out.

DAVID WATERS sworn.

I am a brazier in Crooked-lane, Cannon-street.

Do you know the prisoner? - I do. He had some copper plates of me.

When? - In February.

Describe what sort of copper-plates they were? - The two first copper-plates that I made were about four inches and an half wide and seven and a half or eight inches long.

How many had he in the whole? - I think about four or five.

Were the plates proper for engraving? - I cut them out of a piece of rough plate that I had left; this is a piece of the copperplate that I cut four or five other plates out of. (producing a piece of flat copper with a rough square.)

Did he assign any reason for it? - He came in and asked me if I could make him a couple of copper-plates; I told him I would show him what copper I had in the house if it would suit him; I sent my boy up into the shop to bring down two pieces of copper-plate; I shewed them to him; he said it would do very well; and I was to cut him out two of such dimensions; he described the dimensions very particularly; four and a half wide, I think, and seven and a half or eight inches long.

Court. You did not ask him what they were for? - I did not; he told me they were for engraving, and they were to go into the country; he was very particular; he wanted them immediately; I told him I could not leave off what I was about; he asked when I could get them done; he begged I would do them immediately; he said how long will it take up if you go about them immediately; I said two hours; he said he would call in two hours; he called in that time; I was going to do it with some emery, to make it smooth; he said that would not do, it must be ground upon a stone, and he would do it himself.

MORRIS BULLWAY sworn.

I am a stationer.

Do you remember seeing the prisoner at any time? - Yes.

Where? - At our shop in Cheapside.

What did he come there for? - To buy some paper.

What paper? - Paper that we call extra thin post.

Was it the same sort of paper as that? (showing the witness the forged note and some paper found upon the prisoner apparently of the same sort.) - It seems to me to be the same sort of paper.

When did you sell it him? - About three or four months ago.

Are you sure it was the prisoner? - Yes, this paper produced to me now is the same person's make as the paper I sold him.

Did he come more than once to your house? - Two or three times, and bought the same paper; he bought a quire at a time.

Cross Examination.

Take that 20 l. note in your hand again, are you a judge of the make of paper? - I am not.

Has any of the paper that you have been looking at a water mark in it with the words Bank of England? - I did not see that it had.

Now turn that bill round to the light and observe the words in a water mark Bank of England at the bottom of the bill? - Yes, I think I perceive it faintly.

Will you take upon you to say that you sold that paper to the prisoner at the bar? - No, I cannot.

Counsel for the Crown.

We suppose, that a piece of that paper was cut off and the words Bank of England stamped in it afterwards by some means.

To Martin. Do you say the water mark Bank of England is put into your paper when the paper is made, or afterwards? - I apprehend when the paper is made.

Jury. Is the paper-maker here that makes the paper for the Bank of England, because we should be glad to know if there is a possibility of putting that mark upon the paper after it is made.

Counsel for the Crown.

He is not here.

Court. Can you find that agree with any part of that stamp that is in the middle of the paper? The observation is that in every true Bank note, there is that flourish across the Britannia exactly. In that piece of paper you may cut off as much as will make a bank bill that there is no mark at all in. Then the counsel say, the same that would put upon the paper Bank of England would make that flourish across the Britannia.

Jury. There is paper enough to make the note without using any that has the mark upon it.

Counsel for the Prisoner.

And the same mark would make the lines they have been talking about.

SAMUEL FIDO again.

Was you present at the apprehension of the prisoner? - I was.

Where did you apprehend him? - In the Bank of England: I apprehended him on the 11th of April.

Had he any bundle with him at the time you apprehended him? - Not that day; the next morning I heard of his going along Cornhill; I followed him.

Court. Did you let him go on the 11th? - Yes. I saw him in Cornhill the next day, and followed him; I took him in Leadenhall-street, and persuaded him to go back to the Bank; he had then a bundle with him.

Have you any of the contents of that bundle here? - The bundle was delivered to the Bank.

Was Mr. Acton present then? - No; but I believe he saw the bundle opened.

Was you present when the bundle was opened? - No.

Court. Did you take the bundle from him the second time you apprehended him? - He left the bundle at a little shop under the change.

Mr. JOHN ACTON sworn.

You are the sollicitor of the Bank? - I am.

Of course you attended this man when he was apprehended upon suspicion and at the different steps of the enquiry? - I did.

Was you present when any bundle was produced in his presence, as taken from him? - I was.

When was that? - Upon the 15th of April.

Where? - At the Bank.

Did he acknowledge it to be his? - Positively.

Produce the contents? - There was this paper (producing a large quantity of thin paper) likewise a pair of pistols, some engraving tools, three Bank notes taken up in the name of John Maxwell , which was the name he went by. Two were for 10 l. and one for 20 l. and 200 guineas in cash; and there was some clothes and stockings in it.

Did the prisoner say any thing about it at that time? - Not then.

You attended I presume when he was carried before Sir John Fielding ? - I did.

Were any promises made by the directors that if he would make a discovery they would not prosecute him? - None by any body.

Nothing I believe tended to a confession there? - No, a denial.

Those three Bank notes were good were they? - Yes; I carried him to Bow-street, in order to be examined, and we went to Brompton; he was there examined by Sir John Fielding ; he there persisted in telling the same story he had done at the Bank the day before which was the 16th.

Court. What account did he give of himself when he was carried before the directors? - To the best of my recollection he said his name was Maxwell, that he had been in the country, that he was a watch-maker, and had come here to buy tools; he had some watch tools with him; I forget whether the watch tools were in the bundle or not; he said he had got all this money by selling light gold; he told the same story again before Sir John Fielding at Brompton the next day. When it was discovered that he answered to the description of the person who had been advertised for a forgery, upon the Darlington bank; when that description was read to him, and he was asked whether his name was not John Matthison (for that was the name he was advertised by) he burst into tears, and said I am a dead man, I will now tell you the whole.

Counsel for the Prisoner.

Whether-in-this stage of the examination I may be at liberty to ask Mr. Acton whether there was not a confession taken in writing before the justice? - There was not a confession taken in writing.

None? - None.

Was there no examination of this man taken in writing? - I took minutes.

Was not there an examination taken in writing? - No, not of him; he never signed any examination.

But whether answers given by the prisoner were not put into writing by the justice's clerk? - No; none except my minutes.

Do you know whether Justice Fielding's clerk, or his people, took minutes of what the prisoner said? - Not that I remember.

Court. If there was an examination reduced into writing, and signed by the prisoner himself, and the justice, then you cannot give parol evidence of it. Were any of the directors of the Bank present at this time? - The governor was.

Court. Were any promises made by the governor, or any body else, of mercy if he would confess? - Not the least.

Did his confession appear to you to be free and voluntary? - I am perfectly satisfied it was free and voluntary.

Give an account of what he said as correctly as you can? - When he said he would tell us the whole, of course we asked whether he was concerned in these forgeries or not.

Court. These forgeries is very indistinct. Did you say any thing about the present note in question; was the present note in question then produced? - A great many were, but I cannot say whether the present was; I believe that was not come in.

Court. Confine your evidence to what you know with respect to this Bank note? - I asked him, among other things, where he had put off those notes.

Court. That was before this Bank note was produced? - Yes; among the rest of the people, he said, he had put off one of 20 l. to a silversmith at Coventry, of whom he had bought a pair of buckles.

How soon was it before this note was produced? - It was several days after; we went to the different places where he had put off those notes, particularly to Coventry; the note being brought up, I went for the people to identify the man, and prove the note.

When was this note produced to the prisoner? - It was on the 5th or 6th of May; then he was brought before Sir John Fielding again; when the buckles that had been bought of Mr. Man, at Coventry, were produced, they had been found by the prisoner's direction in Scotland. When this note was produced to him I asked him whether this was one of the notes which he made at Talboy's? he having before said where he made them, and how. He said he believed it was.

Did he acknowledge that that was the note he had put off at Coventry? - He said he believed it was. Wall had then sworn positively to the note. I then asked him whether the name, Mr. Robert Goordon , was his hand-writing. He said, he believed it was. I asked him, upon his former examination, where he bought the paper, for, upon comparing it with the lines, we were perfectly satisfied in our own conscience, that it was the same paper. I asked him where he bought it; he said, of a stationer in Cheapside, who is the master of the young man that has given evidence. He said he bought it at a stationer's in Cheapside, nearly opposite the church, and I enquired at the stationers' shops till I found the shop.

Do you recollect whether any thing passed between you and the prisoner by which you learned from him, whether the water-mark, the Bank of England, was done after the paper was made, or was upon the paper, when he bought it? - That question was asked him when he first said he would confess. He said that he could make the water-mark after the paper was made, and that he would not disclose the method for the sake of the publick.

You are perfectly satisfied that you did learn from the prisoner himself that it was done after the paper was made? - Undoubtedly; he said, no man living knew it but himself. He afterwards told us how he did it.

Court. All that he said was, you asked him if the name of Robert Goordon was of his hand-writing; he said, he believed it was; how came you not to ask him whether the cashier and the other names were written by him? - As he admitted he made that at Talboy's, I took it for granted; and he said that this ten pound note was the note he had made it from.

PRISONER's DEFENCE.

What I confessed then was what was not true, they speak things against me that are very uncertain.

GUILTY Death .

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

281. CHRISTOPHER PLUMLEY was indicted for stealing a pair of silver shoe-buckles, value 16 s. and a pair of plated spurs, value 4 s. the property of John Savin , April 20th .

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

SUSANNAH RICHARDS sworn.

I live at No. 7, Great Mary-le-Bonne-street ; my husband is an haberdasher and hosier. Mr. John Savin was a lodger in our house. On the 20th of April last, the prisoner and another man came to my house about one o'clock in the afternoon, to look at a lodging. I shewed them up stairs; we went into a room next to Mr. Savin's bed-chamber. While I was shewing them that room the prisoner went into Mr. Savin's room. Upon missing him, I immediately followed him; on my going into the room he seemed very much confused, and turned pale. This raised a suspicion in me, that he had taken something; I said I hoped he had not taken any thing out of the room; he said, he was surprised at my saying such a thing; he did not know what I meant. Recollecting that Mr. Savin's shoe-buckles lay in that room, I said I hoped he had not taken a pair of silver shoe-buckles out of that room; on that they both ran down stairs. I ran down after them, and said, gentlemen, if you have not stole any thing you need not run away so fast, and I called to my servant to stop them if she could, if not to cry stop thief as soon as they were out, which she did, and the prisoner was taken and brought back. He held the buckles in his hand, and asked me if they were the buckles that were lost. I said they were the same pattern as the buckles that used to lie there, but I could not swear to them. The constable has the buckles. The prisoner said he was a Master Tailor, and had two lodgings, and a house of his own.

Prisoner. Did not the other man look at the lodgings particularly? - You both looked at them.

Did I ask you any questions about the lodgings? - I cannot recollect.

Prisoner. Were we both in the room together? - You was not in the room. I went to look for you when I found you was not with me.

Prisoner. What apartments in the house were to let at that time? - There would have been all the upper part, because the gentleman was going away.

Prisoner. What room were the buckles in, the back room or fore room? - I have no back room.

Prisoner. Were we not both on the stairs together? - Yes; both going up and coming down.

Prisoner. You say we were both together the whole time? - No; I said no such thing.

JOHN SAVIN sworn.

On the 20th of April I went out about ten in the morning. I left my shoe-buckles and spurs in the closet. When I returned, which was about four in the afternoon, Mrs. Richard told me she had been robbed of my buckles, and desired I would go up stairs, and see if I had lost any thing else. I went up and missed my spurs likewise. The buckles cost me 27 s.

RICHARD ROBERTS sworn.

I was a constable then. I am not now. I was sent for to take the prisoner into custody. I took him to the round-house, and found the spurs in the inside pocket of his coat.

What did he say to you about the spurs? - He said nothing about them then. In the evening, when he was in the coach going to the justice's, he owned to me and Andrews that he took the spurs.

Did he own he took the spurs out of Mr. Richards's house? - He said he had done that that was wrong.

He said nothing about the buckles? - No; he said if we could get him off to go for a soldier he would make us a handsome present.

Prisoner. Did not you see a silk handkerchief in my hand when you took me? - Possibly he might have a handkerchief, I cannot say.

Prisoner. The other party delivered the spurs to me on the stairs in this handkerchief. I did not know but they were his own property.

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

THOMAS ANDREWS sworn.

I am beadle of the parish. I was sent for by Mr. Richards. I went, and found the constable there. He desired me to assist him in securing the prisoner. We took him to the round-house. He was searched, and the spurs found upon him. He acknowledged he had taken the buckles. He said he was very sorry, and if we could get him off at the justice's to go for a soldier or sailor, he would make us a handsome present.

Roberts. I saw one of the buckles in his hand when I first came to the house.

Who was the person that took the prisoner, and brought him back?

Mrs. Richards. A life-guard man. I went after him this morning, and he was gone out.

PRISONER's DEFENCE.

I was at a publick-house in Fetter-lane; there I met with a tailor, who engaged me to work for him, and gave me a pair of breeches to make. I carried them home on the Tuesday following, and met with the other man there. He asked me to go with him to Mary-le-Bonne, to receive some money. He took me to this house; he said he wanted an apartment for a gentleman. He was shewed up stairs; I staid some time in the dining-room, which the servant was cleaning. I went up stairs, and heard him telling the landlady he would call and give her an answer another time. As we were upon the stairs, he delivered me the spurs in a handkerchief, and bid me put them into my pocket, which I did very innocently. I did not steal them, or know that they were stolen. This lady informed my wife, my trial could not come on till Friday; I am entirely unprepared. I am willing to serve his Majesty if I am found guilty, in any capacity the Court may think proper.

GUILTY of stealing the spurs only to the value of 10 d.

Tried by the Second Middlesex Jury before Mr. DEPUTY RECORDER.

[Whipping. See summary.]

282, 283. JOHN MORGAN and HENRY JONES were indicted for coining a halfpenny , April 28th .

WILLIAM LAWRENCE sworn.

I keep the Feathers, a publick-house in Thames-street.

Do you recollect the prisoners coming to your house on the 28th of April? - I was not at home when they came in. When I came home, Morgan was sitting in the taproom; he said to my wife, mistress, give me change for these two pints of beer, and offered her a sixpence. She having a child in her arms, she desired me to give him change. I took the sixpence, and went to the door, and found it was a bad one. I told him it was a bad sixpence; he gave me another. I looked at that, and found it was a bad one, and told him so. He then gave me another, and said D - n them, I believe they are all bad - if my father was a coiner, I could turn Jack Ketch for him and hang him. That piece was bad. He then gave me a shilling, and I changed that. I got into discourse with him, and asked him who he was; he said, he kept a chandler's shop; I said to him, Morgan, if I was to come into your house, and call for three halfpennyworth of bread and cheese, and offer you three bad sixpences; what should you think me to be? he said, a blackguard. Then I said, I must think you a blackguard, for offering me three bad sixpences. He then desired Jones to go on with the bundle he had, and bid me draw him another pint of beer. I suspected they had counterfeit money about them; I followed Jones out, and asked him what he had there; he said, that he had nothing but some tools; to the best of my knowledge he said tools; he did not tell me they were counterfeit halfpence, I am sure of that. Morgan followed me out of the door, and said, let him go, he has nothing but a few counterfeit halfpence. With that I desired Jones to come back; he did, and Morgan followed him. When he was come back, I sent for a constable, and charged him with them both. Before I charged them, I opened the bundle, and found a parcel of counterfeit halfpence.

Q. What else? - Nothing but counterfeit halfpence. There were three bundles: in each bundle five shillings worth, also a single shilling's worth, and twenty-six shillings worth tied up in papers. This is one of them (producing it) the others I have at home. I did not think it worth while to bring them all; they have been in my custody ever since. Mr. Burkwood, Mr. White, and myself, took them to the Compter. We searched Morgan, and found upon him a small and a large key, and about two shillings in silver. Burkwood took the keys from him. In his discourse he told me, first, he lived at Wood's Close; that he kept a chandler's shop. Then he said he lived somewhere near Wheeler-street, Cold-Bath Fields. I went, in consequence of his direction, to a chandler's shop in Wood's Close, and found he had lived there. I was there directed to a little Court in Cold-Bath-Fields; they could not tell me the name of the court. I went and found the court; I enquired at the corner, and was informed, he lived the second or third door up the court. I said to Mr. Burkwood, let us keep together. I went and rang at the bell three times; nobody answered. I took the key from Burkwood's hand, and opened the door with it; we went up stairs, and saw a candle burning in a little room.

What time was this? - Between nine and ten o'clock in the evening, we then went down, and found a press and several other articles. We then, went up stairs again, and in the room where there was a bed, we found two dies for halfpence upon the floor, and in the cupboard of the room.

(The dies were produced in court.)

Was that in the room where you saw the light? - No; there did not appear to be any lodgers in the house; there were but two beds in the house. Jones said that he had slept in one of them a week, and Morgan and his wife lay in the other. He said, they had made no halfpence there yet. I asked him who dug the hole to fix the block in for the press; he told me himself.

When did he say that, before or after you had been in the house? - After; we could not tell that there was a block there till we had been. The block was fixed in the ground, and the press lay in the cellar; the press was not fixed up. There were several articles, as wedges for fixing it up.

Cross Examination.

You took all the halfpence from Jones? - Yes; Morgan bid him go on with the bundle, it was on the table; he shoved it to him.

Did not you hear when you came to the house that it belonged to one Edwards? - I am very certain Morgan said it was his house; Jones, who slept with him, said it was his house.

Did not you hear that the implements were left there by Edwards? - I heard so from Morgan.

The fly, I believe, was not in the house? - No; it was in the house of one Steel.

WILLIAM BURKWOOD sworn.

I went with Mr. Lawrence to the house of Morgan. I gave him a key, which Morgan said was the key of his house; with which Lawrence opened the door; I was with him when he found the several things which are produced.

Lawrence. Morgan said, when he was before Alderman Pugh, that he wanted a clean shirt, and the key was given him to get one.

JOSEPH SAGE sworn.

Are those halfpence coined at the Mint or counterfeit halfpence? - They are counterfeit halfpence.

Do they appear to have been made from those dies? - Yes; and the halfpence have the same date; I have no doubt they were made from those dies; they fit exactly. (The press was produced in court).

JOHN CLARK sworn.

You have seen those dies and the press? - I saw the press and fly in the yard; I have not seen the dies.

Look at the dies; are all those instruments proper for coining? - They are proper for coining.

For Morgan.

BENJAMIN GUNSEY sworn.

I have known Morgan eight years; he always bore a good character; he lodged in my house five years and three quarters.

What business did he follow? - That of a carpenter; he went out to work in the morning, and came home regularly in the evening.

How long is it since he lodged with you? - About three quarters of a year; I have known him to this time.

PAUL RHODES sworn.

I am a carpenter. Morgan has worked for me seven years backwards and forwards; he is a very honest man; I have trusted Morgan at different times with a 20 l. 30 l. or 40 l. Bank note to get cash for me.

JOHN WARWICK sworn.

I have known Morgan about a year and a half; I always believed him to be a very honest man. When I heard of this affair, I could not believe it, nor can I now believe it.

Are you a carpenter? - No; I am a fine-drawer.

JOHN PATTERSON sworn.

I have known Morgan nine years; he has borne a good character. I am a bricklayer.

GEORGE LOCKE sworn.

I have known Morgan four years; he is an honest man as far as ever I heard. I am a smith.

THOMAS LEWIS sworn.

I have known Morgan between four and five years; he bore a good character as far as I ever heard.

JONES's DEFENCE.

I can prove I am quite innocent of the affair. I worked about six years ago for Mr. Freeman at the Board of Ordnance; I did some carpenter's work for Mr. Morgan; he asked me to carry this bundle for him; I lay at his house a fortnight; I had no money to send to my master to come to my character.

MORGAN's DEFENCE.

I was at work for Mr. Pratt, I hung a door for him on the Tuesday. I was taken on the Wednesday. I borrowed some silver that day; I did not know but the sixpences were good.

Pratt. He did hang a door for me, but I cannot remember the day.

JOSEPH BASSETT sworn.

Mr. Morgan came to me on the Wednesday morning, the day he was taken, and asked me to lend him seven shillings; I told him it was rather inconvenient but if he would let me have it again that night or next morning, I would. There were four sixpences among the money that I lent him; they were all good as far as I know.

MORGAN GUILTY .

JONES NOT GUILTY .

Tried by the First Middlesex Jury before Mr. JUSTICE WILLES.

[Branding. See summary.]

[Imprisonment. See summary.]

284. HENRY HOPE was indicted for stealing a gelding value 20 s. the property of William Fuller , May 8th .

WILLIAM FULLER sworn.

I am a green-grocer in the parish of St. George. I lost a horse on the 8th of this month; it was a large poor horse, dark brown colour and blind of the off eye; I do not know its age.

Do you know its height? - No; I thought I lost it out of the field by St. George's turnpike ; but I heard that it was straying in the New-road; I turned it into the field on the Saturday the 28th of April, between two and three o'clock; I missed him at night.

How was the field secured? - Very indifferently.

Is there any gate? - Yes.

Did you shut the gate after you? - I cannot say, my man turned him in with two more; I keep three horses. I found him on the Sunday, in Holloway-lane, in Mr. Seabrook's stable; a man who buys horses to kill.

Was your's a dog-horse? - He was not much better than a dog-horse, though he does my work; the man that turned him into the field is not here.

ELIZABETH SEABROOK sworn.

I live in Holloway-lane. My husband buys old horses alive or dead, to kill.

Do you recollect buying a horse on Saturday se'nnight? - Yes, I bought a horse last Saturday-week in the afternoon.

Who did you buy it of? - A young man.

Do you know the young man? - Yes. I do not see him; I do not know his name (looks at the prisoner). I believe that is the young man.

What sort of a horse was it? - A brown, very rough and large boned horse, very low in flesh.

Had he a long tail or a short one? - I did not take notice of his tail, I delivered him to the prosecutor when he came to enquire after it.

What did you give for it? - Twelve shillings, which is the most we give in common for horses to kill.

( The prisoner was not put upon his defence.)

NOT GUILTY .

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

285. JOHN HENDERSON was indicted for stealing a paper trunk, value 1 s. a green silk bonnet, value 1 s. a cotton gown, value 1 s. a printed linen gown, value 1 s. a man's linen shirt, value 4 d. a cotton quilted petticoat, value 5 s. three women's night caps, value 3 d. and a child's night sash value 2 d. the property of William Russel , March 29th .

( The prosecutor was called, but did not appear.)

NOT GUILTY .

286. ISAAC KING was indicted for stealing two pewter pint pots, value 2 s. the property of Thomas Pugh , May 20 .

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

THOMAS PUGH sworn.

I am a publican . I keep the sign of the King of Prussia in Leather-lane, Holborn. The prisoner was taken yesterday, the 20th of May, with two of my pots in his pocket. I can only speak to the property. He was brought to my house, and took them out of his pocket himself.

JOHN BOUCHER sworn.

I was at a publick house, the Hole-in-the-Wall, in Baldwin's gardens. I heard a noise in the street. I went out to see what was the matter, and saw a gentlewoman who had hold of the prisoner, and said she had hold of a thief. She threw back his coat, and I saw the pewter pots in his pocket. I followed him to the publick house. I have had the pots in my possession ever since.

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

MARY GRANT sworn.

I live in Leather-lane, next door but one to the King of Prussia. These two pint pots, and a quart, were in my passage. I saw them there, about five minutes after eight in the morning. I saw the prisoner at the foot of the stairs, with his hands in his pockets. I asked him who he wanted; he made a trifling excuse, and turned out at the door. I turned back, and missed the two pint pots. I want after him, and cried stop thief! I followed him as far as Baldwin's gardens, and stopped him. He had the pots in his pocket. I showed them to the people in the street.

To Pugh. What is the value of the pots? - One shilling and eight pence a piece.

PRISONER's DEFENCE.

I went to that person's house. My foot founded on the threshold of the door. She came and asked me who I wanted. I said one Mr. Brown, a tailor. She said no such person lived there. I went away; she came after me, and said she missed two pots out of the passage. I said I was willing to go back. I had none of the pots.

GUILTY . N. 3 years .

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

287. JOHN WELCH was indicted for stealing twelve pieces of shalloon, value 20 l. the property of John Robinson , May 20th .

SAMUEL ROBINSON sworn.

I am a porter at the Rose-inn, Holborn-bridge. John Robinson is a woollen-draper in Bedford-bury. I was intrusted to deliver these twelve pieces of shalloon to Mr. Robinson. I took them in the waggon as far as Lincoln's-Inn-Fields ; there I took them out of the waggon, and laid them down on the pavement, while we loaded the waggon at Sir Thomas Heathcote 's, in Lincoln's-inn-Fields. Sir Thomas gave us something to drink; we went into a publick house to drink, and Phillips went out to see if all was safe, and saw the prisoner with the truss on his back.

DAVID PHILLIPS sworn.

I am a porter at the Rose-inn. The woollen was laid before Sir Thomas Heathcote 's door; there were four of us loading the waggon. We went to have some drink. I came out in about a quarter of an hour to see if all was safe, and saw the prisoner with the truss on his back. I asked him where he was going with it. He said a man employed him to carry it to Little-Britain; that the man was to meet him there at the pitching-place. He shewed me a paper which he said the man had given him, with the same mark upon it that was upon the shalloon. I delivered the shalloon to the book-keeper, and he locked it up in the warehouse. The shalloon is not here.

To Samuel Robinson . You left it on the stones? - Yes.

Was you absent half an hour? - Yes.

Did you see the shalloon taken from the man? - Yes; it was the woollen I left on the stones. I observed the mark and number of it.

EDWARD TURNER sworn.

I am a porter to the waggon. I followed Phillips out; he stopped the prisoner and took the truss from him.

PRISONER's DEFENCE.

I am a porter in High Holborn. A short man with black eyes and black hair employed me to carry the truss to Little Britain; he said he had some business another way; and he would meet me at the pitching place. When these men came up to me and stopped me, I told them I was employed by a man to carry it to Little Britain, and described the man to them; they took me to Sir John Fielding 's, and I described the man there; one of the runners said he supposed it was one Barnett.

For the Prisoner.

ROBERT NORRIS sworn.

I am a green-grocer. The prisoner was my servant many years; he was an honest hard-working man; I never knew any thing dishonest of him in my life.

(Another witness gave the prisoner a very good character.)

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

287. ANTHONY MATTHEWS was indicted for escaping from the custody of Duncan' Campbell, Esq. before the expiration of the term for which he had been sentenced to hard labour on the river Thames for the benefit of the navigation , Nov. 1st .

WILLIAM BRACEY being sworn, (Produced the certificate from the clerk of the assise of the prisoner's conviction and sentence at the Guildford assises, which was read in court.)

What office are you in? - I am mate of the Censor hulk.

Do you remember the prisoner being brought to your custody? - Yes; I believe he came about the 1st of November, 1776. He was on board about three quarters of an hour, or an hour at the farthest. He went on board one of the lighters to heave ballast up out of the river, with eight more. They called a purl-boat to give them some twopenny to drink. It was a cold morning. There were three keepers on board with them. When they had got the purl they seised the arms from the keeper.

Did you see all that? - No; the next time I saw him was at Sir John Fielding 's.

Are you sure the prisoner is the same man? - I think it is; I am almost sure.

Do you undertake to swear to the man? - I had but little knowledge of him. I believe he is the person. I will not positively swear to him. Here is a man here that was at the delivery of him to me.

ROBERT ROUS sworn.

I took the prisoner down on board the ship; I believe it was on the 1st of November. I live with Mr. Hall, the keeper of the county gaol.

Are you positive the prisoner is the man? - Yes; I know him very well. I am sorry to see him here. He is a very civil young man. He has been serving his majesty ever since. He belongs to the 65th regiment, I believe.

Was he a soldier when you delivered him on board? - He was in the militia.

Prisoner. Whether we hurt any body when we came away?

Bracey. No, by no means; I believe you was induced by some old hands in the ship to do what you did.

DAVID PROTHERO sworn.

I took the prisoner in the parish of St. Ann's, in the liberty of Westminster, the day that Mr. Hackman was hanged. I do not remember what day of the month it was.

PRISONER'S DEFENCE.

I have always borne a very good character. I beg to go back to his majesty's service.

GUILTY .

Tried by the First Middlesex Jury, before Mr. Baron HOTHAM .

He was humbly, and very strongly, recommended by the Jury to his Majesty's Mercy.

[No punishment. See summary.]

288. ROBERT CASEMORE was indicted for burglariously breaking and entering the dwelling-house of John Dear , on the 17th of April , about the hour of two in the night, and stealing a live cock, value 2 s. and five live hens, value 5 s. the property of the said John in his dwelling-house .

JOHN DEAR sworn.

I live at Upper Clapton, Hackney, near Stamford-hill . On the 17th of April I lost five live hens, and a cock, out of my hen-roost, adjoining to the end of my house.

Is the house and the hen-roost under one roof? - No; but the hen-roost joins to the house; there is no space between. My wife saw them in the evening. I did not. I was out till about nine o'clock in the morning. My man found them near the stable-door. There were five hens and the cock in a bag; they were dead, but were quite warm; they had been just killed. My man called me, and I got up immediately; he had them in his hand. We found a chissel in the pocket of the prisoner. The door had been forced open with a chissel. The four nails of the lock were drawn. This was between two and three in the morning.

What are you? - I keep a stage-coach.

- KIRBY sworn.

I am servant to Mr. Dear. On the 17th of April, I came in with my coach at about half after two in the morning. I had been to Ranelagh. I had a little dog with me. As I was coming in he barked, upon which a man came out fromthehen-roost; he shammed drunk. I asked him what he did there. He said he was very drunk, and came in to lie down. As I was turning from him I saw another man come from the stable door, where the fowls lay; upon which I secured him.

Had he any fowls upon him? - No; I sent for a constable, and took him before a justice of the peace.

What fowls were there by the stable door? - Five hens and a cock; the hens were all dead, the cock was alive in a sack with them. The constable searched the prisoner in my presence, and found this chissel upon him (producing it). The prisoner said before the justice, that he held the sack whilst the other put the fowls into it.

Was he drunk or sober? - He seemed sober.

PRISONER's DEFENCE.

I had been in the country, and was coming home in liquor. I got in there, and laid down to sleep. The dog barked, and waked me. I was coming out, and this man laid hold of me. I am as innocent as the child unborn.

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

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

[Branding. See summary.]

[Imprisonment. See summary.]

289. WILLIAM GRIFFIN was indicted for stealing eight gallons of rum, value 3 l. The property of James Kingston , May 13th .

SEAMAN COOK BEHEW sworn.

The rum was taken out of a cellar that belonged to Mr. Kingston, at Bear-key . I was at Bear-key. I found the cellar-door broke open. I got assistance, and we went went in, and found the prisoner in the cellar.

EDWARD HUTTON sworn.

I was down at the bottom of Bear-key. I heard the locks rattle. I went up and saw a man by the gate-way. I asked him what he did there. He said a woman had picked him up, and picked his pocket. Finding the cellar-door open, Rice and I went down, with two lanterns, and at the farther end of the cellar we found the prisoner between the boards and the puncheons. We brought him out to a publick-house, and delivered him to a constable.

THOMAS RICE sworn.

On the 13th of this month I was called to assist the other witness at a cellar, at Bear-key gateway. When we got into the cellar we found five bladders of rum, and a cock in a cask. The next morning we found a tap-borer in the cellar. We went round the cellar, and found the prisoner concealed between the puncheons and the board.

JOHN GASKIN sworn.

I am an officer of the excise. On the 7th of this month I was at these buildings to let some hogsheads of rum out; they were then locked up and were never opened till they were broke open. The King's lock is always on as well as the trader's. The owner of the cellar is never allowed to go in without us. No other officer had the key but myself.

PRISONER's DEFENCE.

A man asked me to earn a couple of shillings, and sent me down into the cellar, and said he would come to me with a light; I went down, and being in liquor, I fell asleep on the cask till this man came and waked me.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Imprisonment. See summary.]

290, 291. JAMES CREMER and THOMAS WILLIAMS were indicted for breaking and entering the dwelling-house of Charles Hagstone , on the 25th of April , about the hour of two in the night, with intent the goods of the said Charles to steal .

CHARLES HAGSTONE sworn.

I live at the Queen's-Head in Darkhouse-lane, Billingsgate . On the night of the 24th or rather the morning of the 25th of April, at about half after twelve my wife and I fastened the house and went to bed. At about half after two o'clock I heard a noise, and got up; as I was going down I heard a cry of murder! fire! Mr. Hagstone, your house is broke open! I put my clothes on and went down to Mr. Lawrence's where I heard the thieves were; there I saw the two prisoners in custody; there was a great bunch of picklock keys found in Cremer's pocket.

Was any part of your house broke open? - Yes; the flap of the cellar window and the cellar door were unlocked, and the street door was open; I was very certain all was fast before I went to bed.

What sort of light was there at about half after two clock? - No light at all.

Cross Examination.

It is not customary for the houses in Dark-house-lane to be open all night? - All but mine; I am ruled by the tides; the Gravesend boats come to my house.

RICHARD GRIFFITH sworn.

While I was at the water side at the bottom of Darkhouse-lane, I saw two men endeavouring to break Mr. Hagstone's cellar-window open; Williams had passed me several times in the lane before; I went and told my partner of it, that is Commander, and then went down to the water-side again. When I came back I heard them inside the door; I called Commander up, and he came just as they opened the door.

Were they in the inside? - Yes, inside of the door; I caught hold of Cremer and said, what business have you here? Williams said he used that house, and came to get a pint of beer; I secured Cremer; Williams struggled with Commander, and got away, but was afterward secured. After I was in court at the Mansion-house, Cremer said if I get clear of this, I will have you here.

Did you secure the men? - Yes, and took them to the Green-man and Bell.

Are you sure the man you saw at the cellar window is the man you secured? - I saw only Williams, I am sure he is the man; I could distinguish him by the light in the publick-house, the sign of the Tilt-boat.

Was there any day-light? - No, it was between one and two in the morning when I saw him, and between two and three when they were taken.

You had never seen either of the men before? - No.

You had never seen Williams before? - I saw him walking up and down the lane, and he came into the Green-man and Bell between one and two o'clock.

Did he speak to you? - Yes; he asked me what I was looking out for as it was not tide time; I said I came out of the boat to warm my feet.

Did you know him again by his voice? - I knew him by his face when I met him in the lane.

Was there light enough in the lane to discern his face? - There was, because there were lights in the houses up and down the lane.

JOHN COMMANDER sworn.

The last witness called to me and told me a man was attempting to break Mr. Hagstone's cellar window; I went down and saw Williams standing facing Mr. Hagstone's, and the other at a little distance.

Did you see them both then? - Yes.

Could you distinguish their faces? - Yes.

Are you sure the prisoners are the persons you saw then? - Yes; I went up to the publick-house again; Griffith went out and returned in about eight or ten minutes and said somebody was in the inside of Mr. Hagstone's house; accordingly I went down after him; he laid hold of Cremer, and I laid hold of Williams; Williams threw me down in the lane, but we secured them both and took them to the Green-man and Bell.

What time was this? - Between two and three o'clock in the morning on the 25th of April, on a Sunday morning.

You did not let Williams go when you laid hold of him as he came out of the house? - Yes, I was obliged to let him go when he threw me down. I cried stop thief! and another man stopped him till I came up to him.

Are you sure the man you took the first time was the same you took the second time? - I am.

When you took him in the house did you see his face? - Yes.

Suppose you had not taken him for a fortnight after, could you have been sure that he was the person? - Yes, I could.

How long was it before he was taken the second time? - I suppose not half a moment, or a moment.

Cross Examination.

Did you know Williams before that night? - I have seen him before; I cannot say I knew his name before.

Was you able to know him in the house? - Yes, because he came to me before.

What light was there in the house, that you could see him by? - There was no light at all; the window shutters were open at the house on the opposite side of the way.

JOHN STERN sworn.

I am servant to Mr. Hagstone. I locked the cellar door and the street door that night; my master was with me when I locked the street door.

Did you secure the slap of the cellar that night? - No.

Hagstone. The slap of the cellar window is fastened from month's end to month's end; I saw it fast that night.

To Stern. You did not look to see if the slap was fast that night? - No.

Did you look to see how it was broke open the next morning? - No.

Is this slap ever opened in the day-time? - No, it is not.

To Hagstone. What time of night did you look at the slap? - I cannot say as to the time of night; I cannot speak to an hour.

Can you to two hours? - I cannot say to two hours.

As it is not opened above once a month, do you look at that bolt every night? - Yes, every night.

Is there no night in the year but what you look at it? - If I am in town; if I am not my wife looks at it; I look at it every night when I am in town except it is my turn to go to bed, then my wife looks at it; I shewed to all my neighbours in the morning how it was broke open.

If you shewed it to your neighbours in the morning, then you can tell the time you looked at it over-night? - I made a certainty of looking once; I was down many times.

How was it broke open? - I look upon it by a wrench that will be produced. I tried the key's that were found upon Cremer, and they would open the lock of my cellar door, and the lock of the street door.

Jury. Was the fastening of the slap broke? - Yes.

Give as plain an account as you can of the manner in which the slap was broke open. - The bolts were sprung off, and the fastening below was forced off.

You swear that positively? - Yes I do.

There was nothing found upon Williams? - No.

(The constable produced an iron crow and the picklock keys which he received of Mr. Lawrence.)

PRISONER's DEFENCE.

I had been on board a ship with Williams; and coming through Thames-street he asked me to go and have something to to drink; and took me to Mr. Hagstone's house, and we had two or three pots of beer; we then went and got some ham and beef for supper; we were some hours in the house; I was very much in liquour; I went out and laid down on the keys, where I lay four hours; Williams came to me; then I got up, and coming along Thames-street, he was first, he kicked a bundle before him in a bag; we took it up and what should it be but these things in it; I put them in my pocket; he said he would go to the house where we were before, and brought me to Hagstone's; he pushed against the door and it was open; he went in, and said there is no light, we will go somewhere else, and these men came up and took us.

WILLIAMS's DEFENCE.

We were in liquor; this young man laid down and went to sleep; I went and walked about, that is the reason that Griffith saw me in the lane; I said I would not leave him for fear of his being robbed, I told him there was a house I knew in Darkhouse-lane; we went to the door, I put my shoulder against it, and it opened, these men came up and asked what we were doing there; I said we were going to have something to drink but I believed they were a-bed, and then they took us.

For Williams.

HENRY BUMFORD sworn.

I have known Williams from a child; I never knew any thing amiss of him he was brought up a lighterman.

Did he work regularly at his business? - I cannot say.

JOHN MAIDEN sworn.

I have known Williams from a child.

Have you known him lately? - Yes.

He has been some little time out of his apprenticeship? - Yes, I never knew any thing amiss of him; he worked regularly in his business so far as I have seen and heard.

THOMAS SPENCER sworn.

I have known Williams from an infant. He has borne a very good character. I live within three or four doors of him.

- WHEELER sworn.

I have known Williams about fifteen or sixteen years. I never heard a bad character of him.

- PARDON sworn.

I have known Williams from his birth; his father was my clerk; he took all the care he could to give him a good education. I am afraid his mother having married a second time has deserted her care of this boy, his father gave a very handsome see in apprenticeship with him. I never heard any thing amiss of him before.

- ANDREWS sworn.

I can only speak to the same purpose; I knew his father, he was a very honest man. I never heard a charge against him before this.

(Cremer did not call any witnesses.)

BOTH GUILTY DEATH .

Tried by the London Jury before Mr. RECORDER.

(They were both humbly recommend by the Jury to his Majesty's mercy.)

292. ELIZABETH the wife of MICHAEL BATE was indicted for stealing three guineas and 9 s. in monies, numbered , the property of Robert Davis , May 18th .

ROBERT DAVIS sworn.

I am servant to Mr. Hoare, at No. 34, Fleet-street.

Do you know the prisoner? - Yes, by sight. The first time I ever saw her to my knowledge was last Tuesday night at eleven o'clock, I saw her in Carey-street, at the corner of Bell-yard. I was going home from Harley-street; crossing Carey-street, from Lincoln's-Inn to Bell-yard , I first observed her; she came up to me; I told her I was in a great hurry; it was a time I wished to be at home, but if she would give me a direction I would call on her the next day; she said No. 10, down the yard; she said she should be at home at ten or eleven o'clock; she wished me a good night, upon which I thought I felt her hand coming out of my breeches pocket; I laid my hand upon my thigh and found my money was gone. I followed her, and begged her to return my money.

How far had she gone? - About thirty yards; I believe she returned me a guinea and eight shillings; I told her that was not all the money she had taken from me; she said it was. It was not light enough there to see; I said I will take you to some house to see; we went to a publick-house, which I think is the Punch-bowl, at the top of Ship-yard.

Did she go willingly with you? - Yes; she desired I would go with her. I told her she had two guineas and a shilling, which was the money I missed. I said if she would return that I would let her go; else I would take her to the watch-house. She desired I would take her to the watch-house. I took her to Bell-yard, where the watchman was crying the hour of eleven. She called the watchman herself, and went to the watch-house with him; at the watch-house she was searched by the constable of the night but no money was found upon her.

Was you perfectly sober? - Yes; I suppose I had not drank half a pint of wine after dinner.

Had you drank any thing else? - No.

How do you know that you had exactly this money in your pocket? - I had three guineas and a half, the half guinea I had changed and paid eighteen pence out of it. I had paid away no more.

When had you felt the three guineas and a half in your pocket? - About three o'clock.

Are you sure the prisoner is the woman? - Yes.

How long was you with her? - About two minutes I believe.

Had you seen her before? - No; not to my knowledge never before.

Cross Examination.

You are a livery-servant to Mr. Hoare the banker? - Yes, I am.

You describe yourself as not having drank above half a pint of wine that day, are you sure that is the extent? - Yes.

Perhaps you drank other liquor? - No.

Which was it you or the prisoner that accosted one another first in the street? - The prisoner did me.

You have told us you found her hand in your pocket? - Yes.

Which pocket? - My right-hand pocket.

What did you say to her when you found her hand in your pocket? - She was run away. I went after her. She was got about thirty yards from me. It was by Mr. Serjeant Davy's door. She was got into Carey street.

She readily went with you to the Punch-bowl? - I think it was the sign of the Punch-bowl.

Did you challenge her with having any more of your money? - Yes; two guineas and a shilling. She said she had none.

Did she give you the money at the Punch-bowl? - No; I said if she did not give me the money I would take her to the watch-house, and then she called the watchman.

When you brought her to the watch-house did you find your money? - No.

You was in company with her from the moment you charged her with it till you got to the watch-house? - Yes.

Was she fully searched? - I do not know.

Was not you in the watch-house? - Yes; but there are two rooms; she was taken into the inner room.

Was there any mark upon any of the money by which you could swear to it? - No.

Court. When you overtook her, and she gave you the money, did she take it out of her pocket, or was it then in her hand? - I think it was in her hand.

Did she say, when she returned you the money, that she had taken that money from you? - No; she said there it is.

Counsel for the prisoner. Did she tell you that was all she had got? - I cannot recollect; she said afterwards she had no more money.

PETER CROW sworn.

I was constable of the night, the night before last.

Did you search the prisoner in the watch-house? - I was not in the watch-house when the prisoner was brought in. I was sent for; when I came there, the prosecutor gave me charge of her. There was a guinea and eight shillings on the table, which he told me was his property. I have it in my pocket. He said that was two guineas and one shilling short. The beadle and I searched the prisoner. She had no money upon her. We searched her pockets, made her loose her stays, and shook her, and pulled her shoes and stockings off.

Cross Examination.

Do you think she was so fully and fairly searched, that she could not have any money about her without its being found? - It was impossible she could have any money about her.

CHARLES HALL sworn.

I am a watchman in Bell-yard. As I was crying the hour of eleven a man called me.

Are you sure it was the man? - Yes; I am clear of it. The woman was willing to go to the watch-house. When I came to her I took them to the watch-house. He brought the money into the watch-house in his hand; he said he had it from the prisoner.

Was you present at the search? - I was in the outside room. I was not admitted into the room.

RICHARD MARSHALL sworn.

I am a watchman. I was in the watch-house, but was not at the searching of the prisoner.

PRISONER's DEFENCE.

I was coming across Carey-street; that gentleman accosted me in an abrupt manner, and wanted me to go with him. I would not. He then said I had picked his pocket. I told him he was mistaken. He insisted on my going to the watch-house. Finding they were going to keep me all night, I said I would give them all the money I had, and put a guinea and eight shillings down on the table; that was my own property. He said he wanted two guineas more. I never saw him before in my life. I said I was willing to go any where. I did not like to be used ill in the street, and went to the watch-house with him.

To the prosecutor. Did you ever lose sight of her after you missed your money? - No.

You cannot swear that is the identical money you had in your pocket? - No.

Prisoner. I have my husband here; he is a life-guard's man.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. Baron HOTHAM .

293. RICHARD CROUCH was indicted for stealing a butter-flat, value 2 s. thirty pounds weight of butter, value 15 s. a wooden box, value 2 d. a silver watch, value 30 s. another silver watch, value 25 s. another silver watch, value 24 s. another silver watch, value 22 s. and another silver watch, value 20 s. the property of William Phillips , April 18th .

WILLIAM PHILLIPS sworn.

I am a carrier . I go from Bicester, in Oxfordshire, to London. On the 18th of April, as the waggon was coming to London, between Acton and Shepherd's-Bush , about twelve at night, a butter-flat was taken out of it. I was not with the waggon.

What was lost? - A butter-slat, with thirty pounds of butter, and five silver watches, which were put up in a wooden box. They were put in the waggon at Bicester, on Friday night, the 15th of April.

Was you present when they were put in the waggon? - No.

Did you see them in the waggon? - No; I saw them in the warehouse. My man loaded them.

Have you any of the things here? - No.

Are any of them found? - No.

WILLIAM HAWKINS sworn.

Was you the driver of the waggon? - Yes; I was coming along with the waggon. I was in the waggon between Sunday night and Monday morning. Between the 17th and 18th of April, at about twelve at night, when I was about a mile on this side of Acton, I saw a man take a flat of butter up.

When you say a man do you mean to say the prisoner? - The prisoner is the man; he had his hair on then. It had fallen out of the waggon. The waggon went over it, and I saw him pick it up after the wheel had gone over it.

You did not see him take it out of the waggon? - No; I did not see it till I saw him take it up. He went across the road with it.

Did you see him take any thing else? - No; nothing else.

Had you seen the man before? - I never saw him till the moment I saw him pick the flat of butter up.

You do not know how the flat got out of the waggon? - The tilt cloth of the waggon, and the rope that tied the butter on, were cut, and it was got out of the side, the butter must fall out, or be pulled out.

How long before this happened had you observed the tilt and rope tight? - I did not observe any thing of it till I saw him take up the flat of butter and run away.

If the rope had been cut before would the butter have fallen out? - I do not know.

Could the waggon have travelled a quarter of an hour after it was cut without its falling out? - I do not know when the hole was cut; it might have gone some way after it was cut. As soon as I saw him take the flat of butter, I pursued him; he kicked the flat of butter into a ditch, and ran across the road into the foot path; I got on my horse and rode back to meet two other waggoners, to ask them to assist me; he ran on till I got before him; then the prisoner turned back, and jumped through a gap in the hedge; my horse jumped almost from under me and threw me in the foot-path; I pursued him through the gap and knocked him down with my whip; he got up and I struck at him again; I heard a rusling in the hedge; I thought he had somebody with him that might do me a mischief; he ran over some wheat fields and hid himself in a furrow; just at that time the Buckingham waggoner came up, and we went after him, and took him.

Do you know any thing of the box that had the watches in it? - I did not know what was in one flat more than another, but when the wheel went over the flat it crushed the box of watches in the flat; the watches were in the flat with the butter, it was directed to our book-keeper.

Did you ever loose sight of the man after he took the butter up? - He was never out of sight till I came up with him; I passed him just before I met the waggons; I called to the waggoners to help me, upon which he turned back and jumped through the hedge.

Did you see the flat of butter in the waggon? - I saw it in the waggon; I put it in myself at Bicester.

THOMAS ATKINS sworn.

I am the Buckingamshire waggoner.

You pursued this man? - William Hawkins halloo'd out for assistance; he said somebody had robbed the waggon; I was on horseback; he said he was gone over into the fields; we followed him and took him, and tied him, and then we went and found the flat of butter on the near side, about two poles farther in the ditch; I found another; he said he had lost three; I went farther and found another on the foot-path; we took him to Acton-Bottom to the house of one Mr. Whitehead, who said he knew him, and that he went from his house at six o'clock at night.

To Hawkins. How large are these flats of butter? - I do not know how big they were.

Atkins. There was about six dozen of butter in a flat.

How far was he gone after he took up the butter before you pursued him? - About eight yards.

PRISONER's DEFENCE.

I was at Mr. Whitehead's; I got a little beer, and was rather disturbed in my head; I went into the fields and lay down; these men came into the field and struck me over my head, and cut my head all to pieces. I know nothing of it; I am as innocent as the child unborn.

Jury to Hawkins. Did you take him with the butter on his back? - No, he threw it into the ditch, and ran across the road into the foot-path; he was never out of my sight till I took him; he is the man I saw pick it up, and run across the road.

NOT GUILTY .

Tried by the Second Middlesex Jury before BARON HOTHAM .

294. ANNE MILES was indicted for stealing from the person of William Rothwell , privately, and without the knowledge of the said William, a leather pocket-book, value 1 s. a bill of exchange, for 20 l. another bill of exchange for 20 l. another bill of exchange for 19 l. 18 s. and a promissory note for 200 l. the property of the said William , May 14th .

WILLIAM ROTHWELL sworn.

On Friday night the 14th of this month, I lost my pocket-book, with the bills mentioned in the indictment, at near ten o'clock at night in a place I think they call Butcher-row, Temple-bar . I was going from Ashley's punch-house to Dover-street.

When did you see the book? - Just before I came out of the punch-house; I was doing some business there; I put it into the inside pocket of my coat.

Are you sure it was secure then? - Yes. As I was going through Butcher-row, I met two girls; they caught hold of me and asked me to treat them with a glass; I kept going on, and they kept up with me, entreating me to give them a glass; I said there was no house to treat them; they said there was one just by; I went with them and gave them a glass a piece. I came out and was going home; they followed me and begged me to give them more liquor. I would not; I said I would have nothing to do with them, that I was a married man. One of them came up before me with her petticoats up in a very indecent manner, jumped upon me, and got hold of me round the middle; I was sometime before I could loose myself from her; I asked her what she wanted, if she wanted to rob me; I believe I might damn her; I felt for my watch and money and found it was safe. I did not then recollect my pocketbook. When I had gone a little from them, I thought of my pocket-book, and missed it. I went back, but could not find them; I never found my book or notes.

Are you sure you did not slip it out of your pocket in the punch-house? - Yes, I felt it in my pocket in Fleet-street, as I was going along.

Do you know the persons of either of the women? - Yes. I went home to my lodging, got up in the morning, and went to the place where we had the liquor, and described them to the woman that served us; she said she knew nothing of the woman. About nine o'clock in the morning I saw the two girls come out of a passage by Clement's-Inn. On seeing me they bustled along, and held down their heads; I pursued them, they divided, one ran towards Temple-bar, the other, which was the girl that jumped upon me, to Clement's-Inn. I pursued her, and took her, and asked her what she had done with the pocket-book she took from me the night before; she would not say any thing; I told her I would not hurt her if she produced the pocket-book; she would not confess at all.

Are you positive to the person of the prisoner? - Yes; I took particular notice of her at the bar, where we had the liquor.

Was she dressed as she is now? - I did not take notice of their dress, only of their features as they stood at the bar. The prisoner is the very same.

Cross Examination.

This I understand was on a Friday? - Yes.

Had you any previous knowledge of the prisoner, had you ever seen her before that night? - Not that I know of.

The meeting was accidental? - To me it was.

How long was it after the girl ran up to you and embraced you that you missed your pocket-book? - It could not be half a minute I had gone but a few paces.

Did not you when you met the girl in the morning ask her who she was and where she lived? - No.

Did not she tell you who she was and where her friends lived? - No she would not say any thing to me.

Did you go home with her? - Yes.

Did not you when you went home with her find her a different person from what you expected? - No, they were all strangers to me.

I understand you to swear that you was perfectly sober - Yes.

Did not you swear at Sir John Fielding 's that you was fresh? - Yes; by being fresh I meant I was so merry as to give the girls the glass they asked of me.

Do you undertake to swear that the young woman at the bar is the person that ran up to you? - Yes, sure I do.

Positively? - Yes, surely.

Do you remember your making use of the expression that if her skin was stripped from her bones you could swear to her skeleton? - No.

When you had been at her house how came you not to have her immediately taken into custody, as you knew her so well? - From the man at the Robinhood saying I had better not take her up.

You did leave her at the house? - Yes.

Prisoner. I leave my defence to my counsel.

For the Prisoner.

MARY EDWARDS sworn.

I keep a grocer's shop in New George-street. The prisoner is my sister; she lives with me.

Do you recollect the day of the month on which your sister is charged with robbing the prosecutor? - Yes. On Friday night the 14th of May; she was never out at the end of the street that day; I did not send her farther than the end of the street that night.

Do you know where she was between nine and ten o'clock? - Walking about the door with my child.

Was she ever half an hour out of your sight? - No, nor a quarter.

How does she get her living? - In service; she lived last with a gentleman in Seymour-street, Portman-square. I sent for her out of place to come and live with me.

Is she very sober? - Yes she never drinks a glass of spirits. I never send her out of a night.

Is she a girl of a modest character? - Yes.

Are you a married woman? - Yes, my husband is clerk on board the Formidable man of war.

- HOWARD sworn.

I drank tea at Mrs. Edward's the day the prisoner is charged with this robbery. Mrs. Edwards was going to Portsmouth; I was there to mind the shop for her.

Do you remember the prisoner being there between nine and ten in the evening? - Yes; I was there till past ten; she was never out of the house except to get some radishes, which a woman was crying in the street; she was not out three minutes.

Do you know any thing of her character? - Yes, she has a very excellent character.

Did you ever hear of her being acquainted with girls of the town? - No.

I believe you courted this girl yourself? - I did.

What are you? - A grocer.

MARY DODD sworn.

I live in George-street.

What time did you come home on Friday night? - About half after nine.

Did you see the prisoner then? - No. About ten minutes before ten, as I was standing at my door talking with a gentleman that was come from the races, I saw her come out of her sister's door.

Can you speak to her character? - I have not known her long; she appeared very decent. I have lodged in the house; I never saw any thing amiss in the house.

ANNE MERRELL sworn.

Do you remember seeing the prisoner on the 14th of May? - Yes; I remember seeing her just before nine o'clock; I live opposite Mrs. Edwards's; I saw her walking before the door with the child in her arms; she had nothing on her head neither bonnet nor hat.

What character does the family bear? - Very good ever since I have known them.

TITUS SEWSELF sworn.

I lodge at Mrs. Edwards's. I came home on Friday night about twenty minutes after ten, the prisoner was then at home, and was preparing for supper.

What are you? - A wool-comber.

You are positive you saw the sister, the girl at the bar? - Certainly; I went in as I generally do about that time at night; I went into the kitchen; she was preparing for supper.

How long have you lived in the house? - Almost three months.

Is it an orderly house? - I never saw any thing to the contrary.

Can you say any thing as to the character of the prisoner? - I did not know much of her; she had been there but about a fortnight. By what I heard of her she had a good character.

Court. Had she any thing of the appearance of a girl of the town? - No.

- BROWN sworn.

I am a grocer in Clare-market.

Do you recollect the prisoner coming to your shop on Saturday morning for tea for her sister? - Yes, she came between nine and eleven in the morning for half a pound of tea.

How long have you known the prisoner? - I do not know much of the prisoner; I have known the family three years. I believe Mrs. Edwards bears as fair a character as any woman in the world. As to sobriety I believe there can be no doubt of it.

RICHARD WAKER sworn.

The prisoner lived servant with me two years. She bore so very good a character, that my wife recommended her to a lady; she is as honest and virtuous a girl as any in England.

Another Witness sworn.

I am a grocer and druggist. I have known the prisoner about seven years; I always looked upon her to be honest and sober.

You never heard that she was a girl of the town? - No. A very honest sober girl. I look upon her to be much injured.

For the Prosecution.

PETER BRITTAL sworn.

I am a hat-maker.

Do you know any thing of the woman at the bar? - No; I never saw her in my life before Sunday morning.

What have you to say then? - Any question you will ask me; I know nothing of the girl. I know there are many disorderly girls live in the street.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

295. GEORGE POOLE was indicted for buying 672 counterfeit halfpence of one James Clarke for a guinea, the same not being melted down or cut in pieces , April 29th .

2d Count. For buying the same of a person unknown.

EDWARD BALL sworn.

I believe you went by Sir John Fielding 's direction to the house of the prisoner? - I went by Mr. Clark's direction to No. 12, Bird-street, Oxford-street.

Did you find the prisoner there? - I did not; I found his wife there, he was not at home; she said he was at work.

What did you find there? - Two five-shilling papers of halfpence and about four or five shilling worth more in a bason.

What day of the month was this? - To the best of my memory the 30th of April; I asked her where her husband was; she said he was at work at Bloomsbury; I went and found his son in a street just by Cavendish-square. I know nothing of this affair, but only the finding of the counterfeit money in his apartment. (The money was produced in court.) I found this money in the house; I have had it ever since. I was present when he was before Sir John Fielding ; he acknowledged he had the money from Clarke; that he agreed with Clarke for it at the sign of the Union Arms, Holbourn-hill; that he was to have twenty-eight shillings worth for a guinea.

Were there any promises made to induce him to confess? - None; he said he made an agreement for him to send for it to such a place.

Did you shew the prisoner the halfpence? - Yes; he said they were some of the same sort of halfpence; that he had had them of Clarke at the same rate three or four times.

Cross Examination.

You said you went to his house, you do not mean by that to say that he is a housekeeper? - His apartment; the man said it was his room; it was up two pair of stairs forwards.

What business does he follow? - He is a journeyman carpenter .

Where did you find his wife? - Sitting by the fire with a child in her lap.

Where did you find the money? - Upon the second shelf in the closet the two five-shillings worths; the others were in a bason on the shelf above it.

Was the closet door locked? - No.

Was the door of the room open? - No, it was shut; I opened it.

JOHN CLARK sworn.

Did you go to this house? - I did not; I was present when he was brought before the magistrate.

Were there any promises made him? - No. There was a letter found in Clarke's possession, that led to his lodging; he acknowledged he met with Clarke at the Union-Arms, on Holbourn-hill; that Clarke asked him how halfpence went; he said any went there; Clarke said he had a great quantity that he had received at the last camp. He said he had had of Clarke at four different times twenty-eight shillings worth for a guinea. I found some halfpence in his pocket (producing them) that were made from the same die with those found in his lodging by Ball.

THOMAS DAY sworn.

I am an officer at Sir John Fielding 's. I went to a house in Princes-street, Barbican, which I understood dealt in that sort of money; one Mrs. Clarke came there with a bundle under her arm; I asked her what she had there; somebody said let her pass; I took the bundle from her, and found it contained counterfeit halfpence; I searched her and found this letter upon her (producing it.)

Did you shew the prisoner the letter? - At a distance, not close enough for him to see it.

Ball. I read the letter to him in Sir John Fielding 's parlour, and he acknowledged it to be his writing.

The letter was read as followeth; it was written with a pencil:

"Mr. Clarke,

"I have sent Tom for two pieces more, but your mother wants two of farthings, and if you can do them, whether you can or no, send me a penny-post letter this afternoon, and if you can let me know when they will be ready. And in so doing you will oblige yours,

Tuesday morning. George P.

"I shall meet you on Sunday morning by ten o'clock at the place appointed. Direct to me No. 12, Bird-street, Grosvenor-square."

Clark. The justice after the letter was read, asked the prisoner the meaning of the word pieces he said it was a guinea's worth of halfpence; that they always wrote that, that the publick should not know what was meant by it.

The expression is not new to you, I believe? - No.

Mr. SAGE sworn.

I am a monier in the Mint.

Please to look at these halfpence? - I have looked at them.

Were they coined at the Mint? - No.

Were those found in the prisoner's pocket coined at the Mint? - They were not.

For the Prisoner.

FRANCIS DENYER sworn.

Do you know the prisoner? - Yes.

What is he? - An honest man; I have known him two years; he is a journeyman carpenter; he worked for me when he was taken up upon this occasion.

How many children has he? - Three.

And did not the woman miscarry the day before this accident happened? - Yes.

WILLIAM WILSON sworn.

I have known him three years; I never knew him guilty of any misdemeanor in my life.

HENRY SHEPHERD sworn.

I have known him six years and upwards; he is a journey man carpenter. I worked with him three years; he is an industrious man; he has a very honest character.

JOHN SMITH sworn.

I have known him between three and four years; he is an industrious man, and bears a good character.

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

GUILTY .

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

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

[Branding. See summary.]

[Imprisonment. See summary.]

296. HANNAH the wife of GEORGE POOLE was indicted for selling 336 counterfeit halfpence, for half a guinea, the same not being melted down or cut in pieces , April the 29th .

(There was no evidence given on this indictment.)

NOT GUILTY .

297. MICHAEL TIMMINGS was indicted for that he on the 7th of February about the hour of two in the night being in the dwelling house of John Hall , did steal twelve yards of silk Persian, value 19 s. forty-nine yards of silk mode, value 4 l. three woollen surtout coats, value 10 s. a woollen cloth coat, value 10 s. two pair of woollen cloth breeches, value 5 s. a pair of leather pumps, value 5 s. three pair of leather shoes, value 5 s. a pair of leather boots, value 20 s. a pair of silver shoe-buckles, value 5 s. a bacon ham 27 lb. value 10 s. the property of the said John; and that he having committed the felony aforesaid, on the same day about the hour of two in the night of the same day burglariously did break the said dwelling-house to get out of the same, against the statute .

JOHN HALL sworn.

My house was broke open and the goods mentioned in the indictment stolen; they were under my care.

Where did you keep them? - In the warehouse; the warehouse and dwelling-house are both under one roof.

Do you enter the warehouse by a different door from the house? - No.

When did you see them in the warehouse? - The 7th day of February, Sunday night eleven o'clock; they were all locked up in the house (repeating the things mentioned in the indictment) I missed them about half after six on Monday morning, the 8th; the prisoner lay in the house that night.

What is the prisoner? - I do not know.

Do you keep a publick house? - I do.

Have you found any of the things since? - I have them all; they were found upon the prisoner by the watchman; the warehouse door was open.

Is the warehouse door to the street? - No.

Was there any door towards the street broke open? - None.

JOHN HANCKS sworn.

I am a watchman in St. John's parish. About half after three in the morning the prisoner Timings came by me with a load of goods, the clothes hung down upon his heels; he endeavoured to shun me, by which I was persuaded he had not come honestly by them; I went to him and said, friend, what have you got here; he said nothing material; he said they belonged to a person at a publick-house, the sign of the Bell and Star; I said I thought he had not come honestly by them upon which he threw them down and said, he was well known in the neighbourhood and was within twelve doors of his own house; I said he should be examined, and the goods; he said he had a little tea in his waistcoat, and did not choose to be exposed.

Did you take him? - No, he ran away; he was impressed about a fortnight afterwards; I secured the goods.

WILLIAM HASLET sworn.

Have you the goods? - Yes; they were delivered to me by Hanks and Emerton.

Have you had the possession of them ever since? - Some of them; they have been at Mr. Hall's ever since last sessions.

You kept them till last sessions? - Yes, I did.

Who did you deliver them to then? - Mr. Hall.

Mr. Hall. I have had the possession ever since.

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

JAMES BROOK sworn.

I am a shoe maker. I made the boots that are produced, for Mr. John Hall, the son of the prosecutor.

JOHN HALL sworn.

These boots are my property.

JAMES HALL sworn.

Here are a pair of shoes and silver shoe-buckles, which are my property; they were in the warehouse. I remember seeing some other things in the warehouse.

Prisoner. Hanck has sworn to me tho' he never saw me till I was taken by the pressing act.

Hanck. I never saw him till I saw him with the bundle.

Was it light? - No, it was dark, but I had a lantern, and so had the other watchman.

ROBERT EMERTON sworn.

I was with Hancks when he stopped the man with the bundle.

Should you know that man again? - Yes, the prisoner is the man; I knew him months before Hancks stopped him. When I came up the basket was on the ground with the things in it.

Had you a full sight of him? - Yes; I am sure he is the man.

To the prosecutor. Who fastened your doors and windows that night? - My wife.

JOSEPH BOSTOCK sworn.

I was constable of the night; I was sent for to the watch house, and took an inventory of the goods; we took them that night to my house.

To James Hall. Did you see the house in the morning? - Yes; I was the first person that entered the warehouse.

Was there any door broke? - No, there was no door broke to my knowledge.

ELIZABETH BERWICK sworn.

I am servant to Mr. Hall. I lighted the prisoner to bed the night of the 7th of February; in the morning of the 8th the things were missing; I went up in the morning to see who was missing out of the house, and there was nobody missing but this man.

Mrs. HALL sworn.

I fastened the doors and windows over night.

Did you find any place broke open in the morning? - No; all were secure; he could let himself out very easily; the keys were on the inside of the door, so that he could let himself out.

PRISONER's DEFENCE.

I never stole them; the watchman that has sworn against me never saw me with them.

NOT GUILTY of breaking and entering the dwelling-house, but guilty of stealing the goods to the value of 39 s. N. 4 Years .

Tried by the London Jury before Mr. RECORDER.

298. JOHN HOLDEN was indicted for marrying Anne Phillips , spinster , on the 17th of February 1776 , he having a former wife then living against the statute, &c.

(There was no prosecution.)

NOT GUILTY .

299, 300. JOHN MEARS and FRANCES CORNING were indicted for stealing, in the dwelling house of William Nash , four guineas, the property of Adam Younger , a Bank note for 15 l. and another Bank note for 10 l. the property of the said Adam Younger , the same notes being due and unsatisfied to the said Adam , May 14th .

(The prosecutor was called but did not appear.)

BOTH NOT GUILTY .

301, 302. MARY JAMES and MARY COLD were indicted for breaking and entering the dwelling-house of Robert Tallworthy , on the 15th of May about the hour of eleven in the night, and stealing a cotton gown, value 17 s. a silk and stuff gown, value 1 s. a red cloak, value 5 s. a black stuff petticoat, value 3 s. a black silk hat, value 2 s. a silk handkerchief, value 6 d. a linen handkerchief, value 6 d. a brown cloth cloak, value 1 s. a linen apron, value 1 s. a blue linen apron, value 6 d. two child's shirts, value 6 d. two linen bed-gowns, value 6 d. 20 shillings and 120 halfpence, in monies, numbered, the property of the said Robert, in his dwelling-house .

HANNAH TALWORTHY sworn.

I am the wife of Robert Talworthy . My husband is a milk-man in Turnmill-street.

Do you keep a house? - Yes.

Was it broke open? - I do not know. Mary James says she let somebody in after we were in bed; she was my servant .

Did you lock your doors and windows when you went to bed? - Yes.

Did you find any thing broke open in the morning? - No. I missed all the things mentioned in the indictment (repeating them) they were all in my bed-room and the room adjoining; the watchman called my husband up about one o'clock in the morning and asked if we had been robbed, because they had stopped the girl, Mary James , who lived servant with me with the things.

Did you find any part of the house broke open? - No, only the door open; she said she opened it; the key was in the door.

You know nothing of Mary Cole ? - Yes; she has carried my milk for me several times.

Where did you hear Mary James give that account? - At the justice's.

Did you promise her any mercy to induce her to confess? - No; I told her she should not be hurt if she would tell me the truth.

JOSEPH BINGLEY sworn.

I am superintendant of the watchmen, and going to see after the watchman saw the girl with the things; I asked her what she did there; she said she was waiting for her mistress; I took the things to the watch-house, and delivered them to the constable of the night.

HENRY CHAPMAN sworn.

I was constable of the night; these things were delivered to me; I have kept them ever since.

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

GEORGE WILLIAMS sworn.

I am a watchman at the King of Prussia's Head, at Sadler's-Wells. I was present when the things were taken.

MARY JAMES 's DEFENCE.

I am ten years old.

BOTH NOT GUILTY .

(The other was not put on her defence.)

Tried by the Second Middlesex Jury before Mr. RECORDER.

303. DANIEL DEMPSTER was indicted for obtaining by false pretences, a wooden keg, value 14 d. and a gallon of rum, value 8 s. 6 d. the property of William Cary , December 9th .

WILLIAM CARY sworn.

I live at No. 21, White-street, Little Morefields. I am in the brandy and rum trade, in the wholesale way ; I sell no less than two gallons. On the 9th of December I was going down to Smithfield with some liquor to a customer; Dempster was standing at a lottery office door, No. 45, in Barbican; he called me across the way, and said the gentleman of that office wanted some liquor; I went in, and saw nobody but Dempster; he went out, and returned with a gentleman, and then asked me if I had any good rum; I said yes; he asked the price of it; I said eight shillings and sixpence; he said that was dear, and asked me to let him have a gallon; I said I would not serve him with a gallon; he said why; I said because I dare not; I told him I would recommend him where he might have a gallon. I went away; Dempster called me back; I thought then they had agreed to have two gallons. He asked me when I should be at home; I said in half an hour. I believe I said my housekeeper has got the key, she can serve you; she will draw it out of the cask next the window, which that price rum was in. He came before I returned, and had a gallon, and said I sent him for it; I told my housekeeper unless he had another gallon not to take the payment. I called at his house two days after and found the lottery-office shut up; I thought they were all gone; I rang a bell, and Dempster appeared; I asked him how he could come to my house for a gallon of rum, when I had told him I would not trust him; he said my maid need not be afraid, he would call and pay for it; he was to call and have another gallon of rum. A master carpenter came to my house about two months after, and said Dempster was at a building he belonged to, and he would speak to him; he told him he was in my power; he said if I meddled with him I should catch cold. I went to the Mansion-house and brought him before the alderman; he confessed there that he had the gallon of rum, and had sold it. He was committed on the Saturday and on the Monday was admitted to bail, but neither he nor his bail appeared; upon which he gave fresh bail last session; neither he nor his bail appeared, at least if they did I did not see them.

Cross Examination.

You would have trusted this man with two gallons? - No, nor yet with a penny.

He was to go however for two gallons to your house? - Yes; but not without money.

Your housekeeper was to take the money of him? - She ought to have done it.

Has she instructions to take money of every body that comes? - No; of strangers she has.

Did you never see this gentleman before? - Yes.

Then you knew him at least by sight? - That is all.

Then you knew he was a housekeeper? - No, I had heard the reverse.

Do you believe or not that he is a housekeeper? - I believe he is not, if I was put to my oath.

Recollect every thing you say is upon your oath, you are sworn to speak the truth, and nothing but the truth? - I am not sworn to that, whether he is or not a housekeeper.

You are upon your oath; which do you believe, that he was or not an housekeeper? - Upon my oath I believe not.

Then he certainly lodged in Barbican? - Yes.

He called to you over the way and talked with you about dealing for some liquor? - That the gentleman was to deal for some liquor.

Did you deal with that gentleman the lottery-office-keeper, to trust him for the liquor? - No.

Did he say he would take the money with him? - Dempster did.

Had you left any particular directions with your housekeeper that she should be paid for every thing? - Not that day in particular.

I believe' you had mentioned a very particular cask, out of which this rum was to be drawn, it was to be the best you had? - Not the best I had.

Had you fixed upon a particular cask? - Yes.

Had not this man offered to pay you over and over again? - I never saw the colour of his money.

You know his money is either white or yellow, gold or silver? - He said he paid for it, but had he offered me payment I I would not take it.

He offered you payment? - He said he would come and pay me.

When did you call at his house to ask what was the meaning of this? - One or two days after.

How long was it before you took him up by a warrant? - Two months after I believe.

Did you ever call upon him in the intermediate time? - I did once.

Did you ever meet him in the street? - I saw him in the street several times.

Court. When was it he said he would pay you? - That same day he said he would bring the cask back, and pay; but I left orders not to take his money unless he had another gallon.

Court. When was the first time you saw him after he bought it? - Two days; he then said he would bring the cask and money.

How happened it, as you never sell less than two gallons, that this man should have a gallon cask out of your house? - I have a great many, twenty score.

As you do not sell a gallon, what do you do with them? - I sell them sometimes seven or eight at a time. In the country they divide them among their acquaintance sometimes.

Now you left this rogue loose upon the publick without going for a warrant? - A cooper that lives in our neighbourhood said he saw Dempster; that Dempster said he would call and have a gallon of Holland's geneva.

Then if he would have taken another gallon you would not have thought of this prosecution? - No; I believe I should not.

Do you remember a little bit of ground this man took just before your house with some fine trees on it that you was fond of? - I do not recollect that he took any.

Do you remember that this man cut down some trees before your house? - He cut down a tree.

You was angry at that, it spoiled your prospect? - I intended to take the ground myself.

This place was very rural, he took it over your head? - He took it before me, I believe.

He was tried for it was not he? - I heard so.

He prevented your taking it? - I cannot tell that.

You wanted to take it? - Possibly I might.

I cannot do with possibly, you can tell yourself you are upon your oath now? - What has this ground to do with this affair?

Then possibly you did treat for this piece of ground? - No.

Did not you want to purchase it or rent it? - No; the landlord treated with me for it.

Then you wanted it? - I do not know that.

Court. You can tell whether you wanted it or not? - I had some thoughts of building a house there.

Court. You must give your evidence fairly - Did you or not want to take this piece of ground? - I had a mind to take it.

Why did not you take it, was it not that this man had treated for it, and purchased it? - I never heard he had purchased it.

What did you believe then upon the subject? - That he had a mind to take it.

Do not you believe that he is the owner of it? - No.

Court. Were you glad or were you not that that tree was cut down? - Neither glad nor sorry; it was quite indifferent to me.

Court. When was that tree cut down? - I do not know the day.

Court. When you met Dempster two days after the rum was bought did he produce the money, or promise to pay you at a future day? - He did not produce the money, but said he would come at a future time to pay me.

Court. Whether you think the proprietor of that ground would have permitted you to cut down the trees before you bargained with him for the ground or not? - I do not think he would; it was in his option whether he would permit me to cut down the tree or not.

But do not you think he would have permitted you to cut down the tree till you had taken the ground? - I should suppose not.

ANNE COX sworn.

I am housekeeper to Mr. Cary.

Do you know the defendant - Yes, by sight.

Do you sell rum for him in his absence? - Sometimes.

What is the smallest quantity you are permitted to sell in his absence? - Two gallons.

Did you sell on the 9th of December one gallon to Daniel Dempster ? - I did it inadvertently; he said Mr. Cary had sent him for it.

Was it contrary to your master's orders, or how? - I do not know that any body had come to me for so little as two gallons before.

Had you any orders to sell less than two gallons that day? - I do not know that Mr. Cary gave directions to sell less than two gallons.

Did he produce any written order from Mr. Cary? - Not at all.

What were his expressions when he said he came from Mr. Cary? - He said he had seen Mr. Cary that day at his house, and that he had ordered him to come for a gallon of rum.

Did you make any difficulty about one gallon? - I did not think any thing about its being one gallon.

Cross Examination.

How many of these little gallon casks had you filled? - I do not know; several of them had gallons of brandy and gallons of rum; he often sells a gallon of rum and a gallon of brandy, or two gallons of rum and a gallon of brandy, or so.

Was there any more kegs than one of rum? - I cannot tell.

Had Mr. Cary been at home after he went out in the morning? - He had been at home at dinner.

Had he returned before this man called? - He had been at home at dinner.

At what time did this man call? - I think it was candlelight.

Had not Mr. Cary, upon your oath filled out that gallon for him? - I do not know.

Do not you remember giving the man a gallon, and saying, you believed it was all brandy? - Yes; and I tasted it and found it was all brandy.

Did he not say he would not have it unless it was all rum? - Yes, he did.

For the Defendant.

- PALMER sworn.

We had bought some rum at different houses in the neighbourhood which was not so good; I mentioned it to Dempster; he said there was a friend of his would help us to some cheap; I said I should be glad to see that man. I was out one day, when I returned I saw this man, Mr. Cary there; when I came in, Dempster said, Mr. Palmer, this is the man I spoke to you about the rum; at the latter end of the lottery I did not wish to have any; I said I would have a gallon; he objected to that; he said I should have two gallons; he said have a gallon of brandy and one of rum; I would only have a gallon of rum; I thought that good enough for a lottery-office; I called him back, and said, if you will let me have a gallon of rum that will do; he said, I will not bring it, but I will manage it; that struck me at the time; Dempster stood by and said O I will fetch it in a keg; I said I had no bottles.

Then his words were, he would manage it? - Yes, his express words were he would manage it. Dempster said he would bring it, and be answerable for the cask. What struck me was, I thought the man was a smuggler till he said he would manage it.

Prosecutor. May I be permitted to ask why he did not send the money? - I did send the money.

Prosecutor. It was never tendered? - I paid Dempster for the rum; when the rum was brought I thought it not of so good a quality as it ought to have been, as I paid eight shillings and sixpence for it, and saw others advertise at seven shillings and sixpence. He said tell Mrs. such a one, if I am not at home, to draw it out of the farthest cask.

So Dempster was to have it if he was not at home? - Yes.

When this rum came it was not so very good as you expected? - Dempster and my wife tasted it, they asked my opinion, Dempster corked it up; he said he would take it back again; he had it under his arm; I said no, it is a friend of yours; I took it from him partly by force. I looked upon them as two friends at that time.

MARY PALMER sworn.

You are the wife of the last witness? - I am.

Was you present when Mr. Cary was talking about the price of some rum, and selling some to your husband? - Yes.

How much did they agree for? - My husband agreed for one gallon only; Mr. Cary wanted him to have two gallons; to that my husband objected; he said one gallon would be sufficient; with that Cary went out of the office. My husband or Dempster, one of them, I cannot tell which, called him back again; my husband said, if you will let me have one gallon I will. Mr. Cary stood a minute or two, then he said I will not bring it, but I will manage it. Dempster stood close by; he said I will fetch it; Cary said very well, I shall be at home in half an hour or an hour's time. Dempster said he would call in two hours time; he said, if I am not at home my housekeeper will draw it out of the farthermost cask.

NOT GUILTY .

Tried by the London Jury before Mr. DEPUTY RECORDER.

304. ANNE SMITH was indicted for stealing three guineas , the property of Harriot Wilson , April 29th .

HARRIOT WILSON sworn.

I lodged at Mary Stanbridge 's. The prisoner and several other girls lodged there. On the 29th of April I met a gentleman in the street, whom I had lived with, who ruined me; he said he was sorry to see me in such a miserable condition, and he gave me three guines to buy me some clothes, that I might get into service. When I went home I showed them the money; they handed it about from one to another, and at last the prisoner took it, and she would never give it me again. I am sure she had it.

MARY STANBRIDGE sworn.

Harriot Wilson and some other girls lodged at my house. She came home one day and said she had met the gentleman that had ruined her, and that he gave her three guineas to buy her clothes, that she might get a service. She showed the girls the money; they gave it from one to another. The last that I saw of it was in Anne Smith 's hand. Harriot Wilson never got it again.

PRISONER's DEFENCE.

I never had the money.

NOT GUILTY .

Tried by the Second Middlesex Jury bfore Mr. Justice WILLES.

305. JOHN WILLIAMS was indicted for obtaining by false pretences, a gold watch, value 12 l. the property of Joseph Stephens , March 18th .

(The prisoner pleaded guilty .)

JOHN WILLIAMS was indicted for obtaining, by false pretences, a silver coffee-pot, value 11 l. 11 s. the property of George Goodwins .

(The defendant pleaded guilty .)

JOHN WILLIAMS was indicted for obtaining, by false pretences, a set of china, value 5 l. 15 s. two pint china basons, value 5 s. two china bowls, value 5 s. two fans, value 24 s. and a wooden box, value 4 s. the property of Thomas Powell and James Bye , April 3d .

(The defendant pleaded guilty .)

JAMES DONNELLY otherwise PATRICK DONNELLY (upon whom Judgement had been respited) was put to the Bar, when Mr. JUSTICE WILLES delivered the Opinion of the Judges, as followeth:

THE Question, submitted to the Judges, was,

"Whether this offence amounted to a Robbery?"

This point has been solemnly argued before the twelve judges, who all delivered their sentiments seriatim, and were unanimously of opinion that this was a robbery.

The grounds and reasons for this opinion I shall briefly state to the court.

The definition of robbery, as taken from Lord Hale and Hawkins, is,

A felonious and violent taking any money or goods from the person of another, putting him in fear.

To constitute therefore the crime of robbery three ingredients seem necessary.

1. A felonious intention, or animus furandi.

2. Some degree of violence or fear of violence.

3. A taking from the person.

As to the first point, the judges all clearly held, that here was a felonious intention:

The prisoner, a stranger to Mr. Fielding, stops him in the street after it was dusk, between six and seven o'clock in January, and desired, he would give him a present; and when Mr. Fielding asked for what? he replied, You had better comply, or I will take you before a magistrate, and accuse you of an attempt to commit an unnatural crime.

The conduct of the prisoner will not hear two constructions; his meaning was to get Mr. Fielding's money from him.

If a man with or without a weapon drawn orders another to deliver his money, it is a robbery.

So where a man, animo furandi, demands my money, the words he makes use of seem immaterial whether he says, Give me your money, or lend me, or make me a present, or words of the like import, it is a robbery.

As to the several cases ingeniously put by the counsel for the prisoner, the judges declined giving any answer to them, saying that every case must depend on its own particular circumstances.

For the judges declared they did not mean to draw the exact line what should or should not be construed a robbery, but only to say, that the facts proved in this case warranted them to think, that here there was a felonious intention in the prisoner to rob Mr. Fielding.

The second point considered was, What degree of violence or fear was necessary to the crime of robbery.

The putting in fear is not necessary to be laid in the indictment, so as the fact is charged to be done violently, and against the will.

The circumstance of actual fear at the time of the robbery need not be proved, but the law in odium spoliatoris will presume it.

This doctrine is to be found in Foster, 128, who there puts this case.

"Suppose the true man is knocked down without any previous warning to awaken his fears, and lieth totally insensible whilst the thief rifles his pockets, would not this be a robbery? and yet where is the circumstance of actual fear?"

And in the same page describing what degree of fear or violence is necessary to a robbery, the same learned judge says,

"If the fact be attended with those circumstances of terror or violence, which in common experience are likely to induce a man to part with his property, for the safety of his person, that will amount to a robbery."

On the subject of terror, Lord Hale cites a strong case from the Year Books, 1 Hale's Pl. C. 532.

"If thieves come to rob a man, and finding little about him, enforce him by menace of death, to swear on a book to fetch them a greater sum, which he doth accordingly, this (says his lordship) is a taking by robbery; and yet when he fetches the money he is removed from all terror but the fear of breaking his oath and is out of the reach of violence."

It has been often held that actual violence is not necessary, but that constructive violence is sufficient.

For where such a terror is impressed on my mind as does not leave me a free agent; and in order to get rid of that terror I deliver my money, it is a robbery.

It is clear also that no actual danger is necessary; a man may commit a robbery without having any offensive weapon; and though a tinder-box or candlestick be used instead of a pistol, still it is a robbery.

To examine the present case by these rules: Here are the strongest menaces, and well-grounded apprehensions of personal injury.

A young gentleman from school accosted at night in London streets, by a person he never saw before, whom he must suspect to be a villain. The stranger demands a present. Even that seems sufficient; but the prisoner goes farther, and says, you had better comply, or I will take you before a magistrate. This is a threat of personal violence; for he had every thing to fear in being dragged through the streets as a culprit charged with an unnatural crime.

And when a villian comes and demands money no one knows how far he will go.

This therefore was a reasonable fear which might operate in constantem virum as well as in meticulosam, much more on the mind of a lad come home from school for the holidays.

But it was said for the prisoner that this was, a fraudulent extorting, and not a taking by violence.

In many cases fraud will supply the want of violence; as for instance, breaking is necessary to be laid in an indictment for burglary.

And yet fraudulently getting admission into a house by colour of law, or pretence of taking lodgings or business, have been often held to be sufficient evidence of the breaking into the house.

But the judges did not entirely determine the prisoner's case on this head, but were of opinion in this case there was a proof of constructive violence, which they thought sufficient.

As to the third ingredient, here was clearly a taking from the person, though taking in his presence would have been sufficient.

It may be proper here in my conclusion to state the several authorities, which support this determination of the judges.

I shall not cite them at large, because they are all printed in the Session's Books.

The first was the case of James Brown , tried and convicted at the Old-Bailey, October 1763, for a similar offence committed on Ralph Hodson .

He was executed.

Thomas Jones was tried for a like offence before Mr. Baron Hotham in February 1776, who was convicted and executed. But before he was executed his case was submitted to the opinion of the judges at Serjeant's-Inn, who held it to be a robbery.

In June Session last, Robert Harold was tried and convicted of the like charge, but on some doubt on the evidence was afterwards reprieved.

In all those three cases there was this difference from the present, that some actual violence was proved as taking and seising by the arm or collar, but the judges all held this did not make any material distinction; but that sufficient was proved in this case for the jury to find the prisoner guilty of a robbery .

[Death. See summary.]

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

Received Sentence of Death, 6.

Richard Hutton , James Cremer , Thomas Williams , John Mathison , otherwise Maxwell, and James otherwise Patrick Donnelly.

Navigation for 5 years, 1.

Wright Stagg .

Navigation for 3 years, 8.

Thomas Pullen , James Kennedy , Thomas Groves , William Stoddard , William Giflin , John Jones , Benjamin White , and James Davis .

Branded and imprisoned 6 months, 4.

Elizabeth Rook , William Smith , John Morgan , and Robert Carsmora .

Branded and imprisoned 3 months, 1.

George Poole .

Branded and imprisoned 1 month, 1.

Anne Matthews .

Imprisoned 3 years, 1.

Elizabeth Murray .

Branded, 5.

William Lowder , William Stout , Daniel Flanagan , Esther Hickman , and Sarah Armstrong .

Whipped, 2.

Issabella Ray, and Christopher Plumley .

Anthony Matthews 's sentence was respited till next sessions.

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.

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.