Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 01 November 2014), July 1789 (17890708).

Old Bailey Proceedings, 8th July 1789.

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 8th of JULY, 1789, and the following Days;

Being the SIXTH SESSION in the Mayoralty of The Right Honourable William Gill , LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY E. HODGSON, PROFESSOR OF SHORT-HAND; And Published by Authority.

NUMBER VI. PART I.

LONDON:

Printed for E. HODGSON (the Proprietor) And Sold by J. WALMSLAY, No. 35, Chancery Lane; S. BLADON, No. 13, Pater-noster Row; and J. BELL, Royal Exchange.

MDCCLXXXIX.

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 WILLIAM GILL , LORD MAYOR of the City of London; the Honourable FRANCIS BULLER , one of the Justices of his Majesty's Court of King's Bench; the Honourable JOHN WILSON , one of the Justices of his Majesty's Court of Common Pleas; JOHN WILLIAM ROSE , Esq. Recorder of the said City; and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

London Jury.

Francis Torrington

Thomas Lee

William Daunton

Thomas Palmer

Henry Webster

Peter Mason *

* Samuel Sumpter served on Friday in the room of Peter Mason .

William Simpson

Joshua Ogier

George Auberry

Richard Webster

Richard Pugh

John Holland

First Middlesex Jury.

James Manley

Benjamin Smith

Richard Williams

John Mayor

Thomas Turner

William Jacobs

John Brown

Thomas Bates

James Thompson

Daniel Wassey

John Lazonby

John Humphrys

Second Middlesex Jury.

William Thompson

Robert Foot

John Bowskell

William Chester

William Davis

Ambrose Watson

Edward Snelson

Roger Haynes

Thomas Briggs

William Green

John Stephenson

Christopher Binks

506. ROBERT DAVIS was indicted for feloniously stealing, on the 11th of June , 3 s. in monies numbered , the property of Thomas Vallance and Samuel Conder .

THOMAS VALLANCE sworn.

I live in Cheapside , he was our porter ; we several times missed money out of the till; on the 10th of June in the evening, we put marked money in the till, some shillingsand six-pences; on the next morning the 11th, we missed some money, and on searching the prisoner we found three of the shillings upon him; we also found a key in his pocket which opened the till.

Mr. Garrow. There were present only yourself, your partner and Wilmot? - No.

WILLIAM WILMOT sworn.

I am apprentice to Mr. Vallance and Co. I saw the three shillings taken from the prisoner, it was marked with three dots on the edge; the servant maid had sent the prisoner out that morning for some butter.

Mr. Garrow. Who gave him the money? - I cannot tell.

JOHN EDWARDS sworn.

I produce the money, I took it out of the prisoner's pocket.

PRISONER.

I leave it to my Counsel.

Mr. Garrow. These shillings all look to be counterfeit.

(Shewn to the Jury.)

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

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Imprisonment. See summary.]

507. ELIZABETH SAMUEL and ANN BERTRAM were indicted for stealing, on the 30th of June , eight yards of muslin, value 40 s. the property of - Gibson .

- GIBSON sworn.

I live at No. 149, in Bishopsgate-Without; on Tuesday the 30th of June, between seven and eight in the evening, I was in the shop; one of my shopmen, Hatwell, told me the ladies wanted some fine muslins; my man gave me the bye-word as suspecting them; I took a wrapper of muslins and counted them; on shewing them, they both looked at them and handled them; the muslin that I miss'd had a remarkable gold edge, I viewed them again, and said to the shopman, one of the pieces was gone; Elizabeth Samuel bought the square of muslin, and paid for it; then they wanted some very fine handkerchiefs, I gave the muslins to the boy to fold up, they being much tumbled, and to bring them to me again, and I missed one piece; I then shewed them some muslin handkerchiefs, but could not agree; I then shewed them some stockings, but could not agree for the price; I had the flap of the counter in my hand, and I turned round to see if any thing was dropped, but found nothing; they was near the door, and they turned back and they asked me if I would take the money for the stockings; I says no, I had gone the lowest; I says to Hattwell, they have got the piece of muslin; they were gone out, and I sent him after them; he went and brought Samuel, and I followed and took Bertram, and brought them back to the shop, and took them up stairs, and searched them, and found nothing on them; somebody called out and said, here is the muslin on the floor in the shop; it was not there when I went after them; Ann Bertram was upon the very spot where the muslin was found; I am sure it is my muslin by my mark E. M.

Mr. Silvester. I am Counsel for Samuel: Pray how many people were in the shop at the time? - I believe there might be three, four, or five.

All women; were they not looking at your goods as other customers? - Yes.

Did you know the prisoners? - I did not.

You took them up stairs and searched them, and found nothing? - I found nothing.

Mrs. Samuel, upon being brought back, was not near the spot where the muslin was found? - She was not.

WILLIAM HATWELL sworn.

I am shopman to Mr. Gibson; on Tuesday the 30th of June, between seven and eight, the two prisoners came in and addressed me, they wanted to see some fine muslins; I ordered the boy to ring for Mr. Gibson, he came directly, I gave him our private signal as suspecting them; he shewed them some, and sold Samuel a square of muslin, and she paid for it; Mr Gibson said there was a piece of muslin gone; they looked at some stockings, but could not agree for the price; we both looked round to see if any had dropped on the ground, but could not see any; he said, follow them; I did, and brought them back; we took them up stairs; but as I was going up stairs I saw Bertram shoved Mr. Gibson on one side; at that instant we supposed the muslin was dropped.

Mr. Garrow, Prisoner Bertram's Counsel. Did you see it dropped? - I did not; a constable was sent for; there was other people in the shop, Mrs. Loate was one of them, and she called up stairs and said, here is the muslin.

Mr. Garrow. How long had Loate been in the shop? - About twenty minutes; she came in after the prisoners were brought back; Miss Parnell served her, she was in the shop about a quarter of an hour or twenty minutes; she sold her a half shawl.

ELIZABETH PARNELL sworn.

The two prisoners came in together, she asked to see some fine muslins; Mr. Gibson shewed them some; some little time after Mr. Gibson said he had lost a piece of muslin.

Did you see the shop before the prisoner went out? - I did, but saw nothing at all either on the counter or the floor; when they were brought back Mrs. Bertram was beyond the stairs about the middle of the shop, and she gave Mr. Gibson a push at one side, in order to go to the bottom of the shop, but Mr. Gibson would not let her, but took her up stairs, and immediately Mrs. Loate picked up the muslin on that spot were Bertram stood; I told her to put it down again in the spot where she took it from; she did so, and Mr. Gibson come down, and I told him where the muslin lay; he picked it up, and took it up stairs.

JANE LOATE sworn.

I am servant to Mrs. Matthews, cooper in Wood-street; I went to Mr. Gibson's to buy some checque, and saw Mr. Gibson take the two prisoners up stairs; I went to Miss Parnell for my change, I saw the piece of muslin under the shop of the counter, the young lady told me to put it in its place; a little after Mr. Gibson came down and took it up.

Mr. Garrow. What part of the counter did the flap stand of? - About the middle.

Did it appear to you to be nearer the outside of the counter or the inside? - Nearer the outside; I thought it had dropped down by accident.

ROBERT NEWBY sworn.

I am errand-boy, I know nothing of the robbery, I was out; when I came in there was no muslin on the ground; then presently Mr. Hatwell and Mr. Gibson brought the prisoners in, and Bertram stood close to the flap of the counter, and there the muslin was found.

(Mr. Gibson produces the muslin and deposed to it.)

Court. What did you value it at? - At 40 s.

PRISONERS.

We leave our defence to our Counsel.

The prisoner Elizabeth Samuel called five witnesses who gave her a good character.

The prisoner Ann Bertram called four witnesses who gave her a good character.

The Jury withdrew, and returned with a verdict BOTH NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

508. JOHN COPE was indicted for burglariously and feloniously breaking and entering the dwelling house of James Richardson , between the hours of twelve and one, in the night of the 11th of June , and burglariously stealing an iron roasting jack value 7 s. his property .

Prisoner. Please my Lord to clear the court, that the evidences may be examined one by one.

JAMES RICHARDSON sworn

I live in Holywell-street, Shoreditch , I keep a house there; my house was broke open, the night of the 11th of June; I went to bed that night, about half past eleven; I was the last person up, I saw all the doors and windows fast, but I did not see the parlour window fast; in the morning, past 12 o'clock, my maid called me, and I got up and found the back door open; in the morning (I missed nothing, at that time, nor found any body, I went to bed,) I got up at six, I found my window of the kitchen was broke open, and my jack was gone, it was over the mantle-shelf when I went to bed, this window had not been broke, the back door might be left open by the negligence of my servant, but I am quite sure the window was not broke, I cannot say I looked if the jack was there when I went to bed, but I saw it that evening, about 7 o'clock; it was a casement window, the glass was broke, and the casement opened, it was large enough for any person to get in; in the morning it was loosely shoved too, any body might get over the wall into the yard; when I missed the jack it was about 6 o'clock, and I gave information to Armstrong; and on the Saturday, he came and informed me, he had got the jack, but not the people; and about a fortnight after, they apprehended the prisoner, and another man, and I went and saw a jack; there was no particular mark, I think the handle is like that, which I lost; I think I have seen the prisoner come into my yard once for dust.

THOMAS ADAMS sworn.

I was crying 4 o'clock, I am a watchman, and in the Curtain, Shoreditch, near Holywell-mount, I apprehended the prisoner, and another man; the prisoner had a bundle under his arm, they were coming towards Hog lane, from the prosecutor's; I was about a hundred yards off them, I knew them before; they went by my box about a quarter of an hour before, my box is in the Curtain, further from Richardson's than the place where I saw them last; when they came back I pursued them then, and met them at the gate of an inn, but they had nothing with them, then I asked the prisoner what he had been doing; he said he had been easing himself, and went away, I saw them go to the bottom of the street, and stand peeping, to see if I was gone, so I went and searched in the dung-hill, and there I found the jack tied up in a white cloth, when they went into the horse-ride I saw the prisoner have a bundle, but when they came out they had nothing; so I thought I was mistaken; I took the jack home, and gave information at Justice Wilmot's.

Court. Had you ever seen the prisoner before? - Yes.

Now mind you are upon your oath, are you sure the prisoner is the person you saw coming out of the horse ride? - Yes, I am sure he is the man.

JOHN ARMSTRONG sworn.

On Friday the 12th of last June, Richardson called upon me, and said he had been robbed; I was informed one Adams had the jack; and I went and found it, and fitted it to the place at Richardson's house, and it fitted it exactly.

Richardson. It had been in the house fifteen months.

WILLIAM INNEUX sworn.

Last Thursday night was three weeks at ten o'clock, I met the prisoner at the Blue-coat Boy, and he told me, theHollywell will do to be robbed, and we went about one, and Cope got over the wall, and let me in, we found nothing in the wash-house, then we agreed to take the jack, which we did, and left it in the skettle ground, till four o'clock, then went back and fetched it away; on coming out of the house we saw the patrol, and we went down the horse ride, and covered it with dung; we went for the jack, and found it was gone.

PRISONER's DEFENCE.

Please you my Lord, the witness is a very bad man, and don't mind taking my life away, of a farthing.

GUILTY Of stealing, but not of breaking and entering .

Tried by the first Middlesex Jury before Mr. Justice WILSON.

[Transportation. See summary.]

509. JOHN MACKAY was indicted for feloniously stealing, on the 30th of June last, one silk cloak, value 1 s. the property of Sarah Jennings ; and one silk cloak, value 1 s. the property of Sarah Wickstead .

SARAH JENNINGS sworn.

I live in Brewer-street, Grosvenor-square ; a week ago last Tuesday three men came into my shop, and asked me if one Robinson lodged there; I told them no; they asked me if I could tell where he did lodge; I told them I could not; and when they went out again the prisoner had the cloaks under his arm.

Did you know him before? - Never saw him before.

What did you do in consequence thereof? - I called out stop thief, and in consequence some people brought the man back in the course of a quarter or half an hour.

Had you such a view of him as to know he was the same person that stole the cloaks? - By three men coming in, I cannot tell which it was till he was brought back.

Where was you? - In a room by the shop, and sat in a chair opposite the door, where I could perfectly see them, as the door between the shop and parlour was open.

Do you know it was the prisoner, or might it be somebody else? - I do not know, it was one of the three; the cloaks and the prisoner were brought back together, but whether he was the man that took them or no, I cannot tell.

Prisoner. I would wish to ask the lady whether she saw me come out with the cloaks under my arm? - No, I did not, but I can positively recollect, he was one of the three that was in the shop.

SARAH WICSTEAD sworn.

I live with Mrs. Jennings, I lost an old cloak which I left hanging on a hook in the shop; I was not in the house when it was stolen.

PRICE POWELL sworn.

On the 30th of June, about seven or eight in the evening, as I was coming down the square, I saw the prisoner running, I saw him taken, and in going back I picked up the two cloaks at a good distance from where he was taken; it was after he was taken, and I have kept them by me ever since.

(Produced.)

To Sarah Wickstead . Is either of those cloaks your's? - Yes, I made it myself out of an old gown; the other I know to be Mrs. Jennings's, as well by wearing myself as by its being torn across one of the wings.

To Mrs. Jennings. Is that cloak your's? - Yes.

RICHARD MORRIS sworn.

What do you know about this affair? - On the 30th of June last, about eight o'clock in the evening, I heard the cry of stop thief in Golden-square; I saw the prisoner running, and some people running after him, who told me he was the man,so I took him; he had nothing in his hand, nor did I see any thing in his hand at any time.

WILLIAM SHADWELL sworn.

On the 30th of June there was a cry of stop thief in Lower James-street, Golden-square; I run out, and seing the prisoner running pursued him, and he over-runnings himself against a door-way stumbled, so that I came up to him and took him; and in going back again the cloaks laid in the street; we took him back to Mrs. Jenning, who wanted to forgive him; but as she had been robbed several times before, I told her she must prosecute; but however that night Mrs. Jennings did not go to the Justice, so we only lodged him on suspicion till the next day, when we all went and were bound over to prosecute.

JOHN SMALLMAN sworn.

On the 30th of June, about eight o'clock in the evening, coming past Mr. Christie, the auctioneer's in Brewer-street, the prisoner came out of the shop, and as there was a cry after him, I pursued him on into Golden-square; and just as he got into Golden-square, in Lower James-street, he dropped the cloaks from under a black apron he had got about him; I never lost sight of him till he was taken.

PRISONER's DEFENCE.

I would wish to ask this witness why he never came to the Justice's to swear against me, as I am informed he was hired to come and swear against me here.

Court to Smallman. How came it you was not there? - I was obliged to go up to the East-India House.

Court to Shadwell. Did you see the witness Smallman there when the prisoner was taken? - Yes.

Court to Morris. Did you see him there? - Yes; and afterwards he went up to the Justice's with us.

Court to Powell. Did you see him there when the prisoner was taken? - Yes, and he came back with us into the shop, and afterwards went with us to the Justice's, but was obliged to go away before the examination.

GUILTY , of stealing.

Transported for seven years .

Tried by the first Middlesex Jury before Mr. Justice WILSON.

510. WILLIAM SIMMONDS was indicted for feloniously breaking and entering into the dwelling-house of John William Dobb , about four o'clock in the afternoon of the 5th of June , no person being therein, and stealing a stuff gown, value 9 s. and a stuff petticoat, value 10 s. the property of the said John William Dobb .

JOHN WILLIAM DOBB sworn.

I live at Hoxton, in the parish of Saint Leonard's, Shoreditch ; I am a housekeeper, my family consists of my wife and self; on the 5th of June, about half after three in the afternoon, I was sent for out, and my wife was at a neighbour's; the windows were fastened before I went away, I saw them fast, I was not out above twenty minutes, as I was only sent for to ask a question; when I came back my wife was just come in before me; I went into my bed-room to change my coat, and I happened to see one of my wife's gloves laying on the floor, and I asked her how it came there; she said she did not know; then coming to open the drawer to put her glove in, she missed the gown and petticoat.

Was the drawer lockt or only shut? - Only shut; on examination of the window, I found the screw that had fastened the window of the bed-room had been forced out; the bed-room where I lay is all on a ground-floor, and the window was a sliding sash, and left open.

By open, do you mean it was slipped back, or the screw forced out? - Thescrew was forced out, and the window when I came back was left open.

You are quite sure it was shut and screwed when you went out? - I am.

How did you proceed? - In consequence I enquired at the pawnbrokers, and I found the petticoat at a pawn-broker's, in Bishopsgate-street, the name over the door is, I believe, William Davidson , but I never heard any thing of the gown.

Prisoner to Dobb. I would be glad to know what he can swear to the petticoat by? - I know it by this, it was mended with something of the same sort as the waistcoat I have got on, and likewise I made my wife a present of some fringe to put round it.

ANN DOBB sworn.

Are you the wife of the last witness? - I am.

Did you go out on the 5th of June? - Yes.

Was it before or after your husband, or with him? - After him, I staid out a very little while.

How did you leave the window of the bed-room? - With a screw to fasten it.

Are you quite sure, when you went out it was fast? - I am quite sure.

Was your husband gone out of sight before you went out? - I do not think he was.

Which of you came in first? - I came in first, I went out between three and four o'clock and staid out till very nigh four; When I came back, I found the door locked as I left it; my husband came presently in, going into the bed-room, and seeing the glove laying on the floor, he asked me how it came there; I told him I did not know; I went to put it into the drawer, and missed my petticoat, which used to be in the same drawer.

Well did you ever see any thing of them again? - Yes, I saw the petticoat, it was at a pawnbroker's in Bishopsgate-street, it is here.

WILLIAM JONES sworn.

I live with Mr. Davidson, the pawnbroker, in Bishopsgate-street; on the 5th day of June last, about five in the evening, the prisoner at the bar pledged this petticoat with me for 6 s. and received a duplicate for the same.

(The petticoat produced, and deposed to by Mrs. Dobb.)

Can you be quite sure it was the prisoner at the bar? - I am positive to the person. Mr. Dobb came to me the same evening, I shewed him the petticoat, he claimed it as his property; the next morning, the prisoner came again with the duplicate to take out the petticoat, a boy was in the shop I coming into the shop, in the mean while, as soon as he saw me, he made off.

Court to Ann Dobbs . What might the value of that petticoat be of yours? - Ten shillings.

What might the gown be worth? - Nine shillings.

Do you fix them at the price they cost you, or at the price of old clothes? - The petticoat cost me eighteen shillings, last summer, and the gown cost me thirteen shillings.

JAMES SHAKESHAFT sworn.

Mr. Dobb applyed at the office concerning his robbery and described the prisoner, in consequence we went out on Sunday night, the 7th of June, and took him in Wheeler-street, I told the prisoner what we had taken him for, that there was a petticoat he had pawned, he denied knowing any thing at all about it, the pawnbroker came to the Magistrate's to identify his person.

PRISONER's DEFENCE.

I was going down Shoreditch, and there I met my washerwoman, it was on the 5th of June; she stopped me, and asked me for half a crown, which I owed her, and I saw a bundle lay in the road, and picked it up, (I have got a witness for it) and as the washer-woman asked me if I could pay her the half crown, when I hadfound this thing, I went and pawned it to pay her.

ANN ORDWAY sworn.

Do you know the prisoner? - Yes.

Did you see him on the 5th of June? - Yes, it was on the second day of last Bow fair.

What business are you? - I take in washing; on the second day of Bow-fair, going along in Shoreditch, I stopped the prisoner to ask him for half a crown he owed me for washing, he said he had no money to give me, but when he had he would; he turned his head, and saw something lay in the road, says he, something lays there, I will go and see what it is; I seeing him go, and having some people round him, I went up to him, and asked him what it was; he said, he could not tell me till it was opened; he opened it, and found it was a black petticoat, and said now I have found it, if you will stop here I will go pawn it, and give you the half crown.

Where do you live? - I live in Holywell Lane.

Where does he live? - I cannot tell.

Upon your oath can you say, you cannot tell where he lodged? - I believe he lodged in Hollywell-lane.

Where? - In the same house as I lodged in.

How dare you then tell me you could not tell? - Why, my Lord, sometimes he did live there, and sometimes not.

But that was his proper home? - Yes.

How came it, you could not ask him for this half crown at home, as well as in the street? - Because I thought he might have money then by him, as I had not seen him since the day before, and he went out very early, about four o'clock in the morning.

Are you a married woman? - Yes, my husband is at sea.

When he picked up the bundle was there any of the neighbours thereabout, that came round him? - Not to my knowledge.

How long have you and he lived in the same house? - About five months from this time.

How long have you lived in that house in Holywell-lane? - About six months.

Are you a housekeeper or a lodger? - I lodge there.

Is the prisoner a lodger? - Yes.

How many rooms are there in the house? Up one pair of stairs, in chambers.

In what room does the prisoner lodge? - In the same room with me.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. Justice WILSON.

511. MARIA BUTLER was indicted for feloniously making an assault on the King's highway, on Richard Gardner , on the 13th of June , and putting him in fear, and feloniously taking from his person, and against his will, two guineas and one half guinea, his monies .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. Justice WILSON.

512. WILLIAM SUTTON was indicted for that he, on the 20th day of June last, feloniously did falsly make, forge and counterfeit, and cause, and procure, to be falsly made, forged and counterfeited, and did willingly act and assist in the false-making, forging, and counterfeiting a certain receipt for money, with the name J. Smith thereto subscribed, purporting to be a receipt from J. Smith to Joshua Beardmore , for the sum of 18 s. of lawful money of Great Britain ; which said receipt for money is in the words and figures following, that is to say:

"June

"20, 1789. Received for three payments," for licence by me, J. Smith;" with intention to defraud the king .

A second count, with intention to defraud Josiah Beardmore .

A third and fourth counts, for uttering the same with the like intentions.

The indictment opened by Mr. Garrow.

The case by Mr. Silvester, as follows:

May it please your Lordship, and you gentlemen of the Jury: This is an indictment against the defendant William Sutton for forging a receipt for payment of money, the prisoner was formerly an officer of Excise , but had been at this time dismissed the service; the receipt was given for regulating persons that deal in spirituous liquors. A man of the name of Beardmore, kept a public house at the sign of the bunch of grapes, in Beech-lane, Cripplegate . He had likewise taken out a licence to a deal in spirituous liquors, it was necessary he should pay 6 s. every six weeks, because by the act of Parliament the sum of 2 l. 8 s. was assessed on the house: the payment began on the 5th of July, 1788. He had paid five several payments under that licence; the 20th of June, he was in arrear to the Excise office, three several payments, which made exactly the sum of 18 s. on the 20th of June the prisoner came to the house of Beardmore, and finding him not at home, asked his niece Mrs. Hannah Palmer , a widow who lived in the house, and took the care and management of it, whether Mr. Beardmore was at home; she said he was not; why says he, he is in arrear four payments, for six weeks, says he it will not do to pay them all together, because unless he pays them immediately, he will be liable to the payment of 100 l. and unless he pays it in the forenoon, he will be actually obliged to pay the sum of 5 l. he produced some other licences, and said, you see I belong to the Excise-office; I am a clerk there, and here are two or three other licences, to convince you I do not impose upon you: producing these licences quieted her mind, and she thought he really was as he described himself, a clerk in the Excise office; says he, can you find the licence? she went up stairs, brought down the licence and paid him a guinea, he had not the change, she had not eighteen shillings, she gave him the guinea, and desired him to write a receipt on the back of the licence, he said that would not be in the formal way, but he would do it on a piece of paper, which he did

"Received for three payments for licence by me, J. Smith;" he told her if you will send your girl with me to the Excise Office, I will give you the 3 s. in change, the girl followed him so close, he tried to get rid of her; at last he gave her the change, he gave her three shillings, the girl went home, soon after this Beardmore applied to the Excise office, and upon producing this receipt, it appeared to be very manifest it was not any person belonging to the Excise office, or that was entitled to receive it; Beardmore desired therefore that Mrs. Palmer might attend; they attended, and when they came, there was some suspicions arose on the prisoner at the bar, from his known character and situation in the office; and being shewn among other persons, Mrs. Palmer, together with the girl, immediately pitched on the man, as the man who had been there pretending to be a clerk of the Excise, intitled to receive the money for this six weeks duty, and had given the receipt in the name of Smith; upon this the prisoner was committed for the offence, and having given a receipt for the payment of this sum of 18 s. You may well conceive that the Excise office would not on the consideration of so small a sum have taken up this prosecution, but it is a very material question to the revenue, and to the public in general, if persons employed under that office, who by being employed easily learn the different sums due, either from publicans, or other persons, liable to pay duties, by this manoeuvre of theirs, knowing, as they must do frequently, that the sums are in arrear; if, by going to persons that owe the money, they get it, it becomes a very serious thing tothe public; you see in this case, his having been an officer in the Excise he knew how to commit this fraud, because he knew very well that in general these publicans were sometimes in arrear in their payments, he knew likewise what was very true, that carrying these receipts in his pocket, would forward his design; says he, you see there are three receipts of the same kind; when persons are employed in this way it is necessary they should be careful of what is entrusted to them; he knew perfectly well the whole manner of conducting this business, he knew he could by an artful tale impose on the publicans, and by that defraud the public and the revenue; he knew perfectly well that the Excise office always give receipts with particular caution on the back of the licences, he to avoid that gives it on a distinct piece of paper; if there was any doubt of his not knowing the fraud, why go by a false name? his name was not Smith, his name was Sutton; he had represented himself as an officer of Excise under that name, that name was made use of to avoid detection. Gentlemen, the facts I have opened to you lie in a very narrow compass: his going and his pretending to be an officer; his writing a receipt: for it is not left as a vague uncertain point, who wrote the receipt; he himself wrote the receipt in the name of Smith; so I shall prove that his name is not Smith, but Sutton; where then can be the doubt but he was conscious at the time of being guilty of forgery, and endeavouring to defraud the publican of 18 s.? Gentlemen, in this great town, these frauds amount to very large sums indeed. The revenue is defrauded by a number of tricks by those persons that ought to protect them, and when found out it becomes a serious question indeed, because that confidence that is placed in them makes an exemplary punishment necessary: Gentlemen, I shall prove these facts, which seem to be very short, and when I have done that, it will become your duty to pronounce the prisoner guilty of the charge, as laid in the indictment.

JAMES LAW sworn.

(Examined by Mr. Silvester.)

I have an appointment under the hands of the Commissioners of the Excise; these are the hand-writings of the different commissioners; I know their hands.

Mr. Knowlys, Prisoner's Counsel. Do you know the hand-writing of all of them? - Yes, every one of them, I have seen them write many times.

(Repeats their names.)

The appointment to grant licences read: dated

"11th January, twenty-eighth

"year of his present Majesty's reign."

(Read and examined by the record by Mr. Knowlys.)

Mr. Garrow. Look at this? - This is my signature.

Is that the signature likewise of Jenner? - He is here to answer to it himself.

I ask you? - I am acquainted with his hand-writing, I believe it to be his handwriting.

Have you seen him write? - Many thousands of times.

"5th August, 1788, signed J. Law,

" John Jenner : We whose names, &c."

Mr. Garrow. I observe your licence states that the publican has paid six shillings, being his eighth of two pounds eight shillings? - Yes, to the receiver-general's clerk, on account of the receiver-general.

Who was the receiver-general at that time? - I do not know, I think his name was George James Wilmot .

WILLIAM MANSER sworn.

You received a payment of six shillings on the 5th of August from Beardmore, for his eighth on the two pounds eight shillings? - I received three payments on that day, but two of them is in a former year; I believe I received the first payment of six shillings.

Look at that receipt? - This is the piece of paper that passes through my hands to the office; the receiver is George James Wilmot .

Did you receive any of the subsequent payments, the payment in October? - Yes, I believe I received two.

On the 10th of October did you receive two payments? - Yes, I believe Turner received the payment on the 22d of December.

THOMAS TURNER sworn.

I am in the office of excise; these pay-tickets, on the 22d of December I received from Beardmore's house, 12 s. for two-eighths.

Whether on the 20th of June there was any thing due from Beardmore to the King? - No, I cannot say there was.

Calculating on from your last payment, would there on the 20th of June have been any thing due? - I cannot say.

Mr. Law. On the 31st of January there was one payment, on the 14th of March a second, on the 25th of April a third, which amounted to eighteen shillings.

So on the 20th of June there was eighteen shillings due.

Mr. Knowlys. You know nothing more than the calculation which my learned friend now asks you to make? - No.

You have not searched into that particularly, perhaps? - Yes; I have, I am the accomptant-general of that duty; here are the gentlemen in court, the clerks that keep these books.

Do you know any thing but by reference to the books?

Mr. Garrow. I understand you, that looking at these pay-tickets, you state to the Court that there were eighteen shillings due? - I do.

HANNAH PALMER sworn.

(Examined by Mr. Silvester.)

I am a widow, I live with my uncle; his name is Josiah Beardmore , he keeps the Bunch of Grapes in Beech-lane; I cannot tell the day of the month that the prisoner came to our house, but it was on a Saturday morning, between eleven and twelve o'clock.

What passed? - He asked me if Mr. Beardmore was at home; I told him he was not; he asked me when I thought he would be; I told him it was uncertain; he told me that our six weeks licence was deficient, and the payments were due, it was not paid up; he said he was sent from the office, that he was a clerk there, and if it was not paid, it was one hundred pounds penalty, and five pounds if it was not paid that forenoon; I told him my uncle said that it was of no consequence, for it was to be paid up when he renewed his licence, all together; he said it was no such thing, for it was dangerous if it was not paid then, or something of that kind. He asked me if he could see the licence; I told him I could fetch it; I fetched it down, and wished him to write on the back of the licence; he shewed me his pocket book, and told me I need not think he was a deceiver, for by that I might know he was come from the office; so I fetched the licence down, and gave him the money; I wished him to write on the back of the licence, but he refused; I gave him two half guineas, the money due was 18 s. for three payments; he said it was of no use to write on the back of the licence, so he wrote on a bit of paper, and said my uncle might take that when he went to the office, and it would answer the same; that what was wrote on the back of the licence must be done at the office.

Look at that paper? - That is the paper he wrote, which I afterwards gave to Mr. Law.

After you had given the two half guineas, and he wrote that, what did he do afterwards? - I told him I had no change, and he said he had none; I had a little girl in the room going of thirteen, and he said if I would send her with him, he would send the change back.

Look at the man, are you sure he is the person? - Yes.

How soon after did you see him? - I saw him on the Tuesday following at the Excise-office; I am sure that is the man that wrote that receipt, and to whom I paid the guinea; my little girl went with him and brought the change.

(The receipt read.)

"June 20, 1789: Received for three

"payments for licences, by me T. Smith."

JOSHUA GREGORY sworn.

I am one of the assessors for the parish of St. Giles without Cripplegate, one of the Collectors.

What is the Bunch of Grapes in Beech-lane rated at in your book? - Josiah Beardmore twelve pounds, I think it is rated at ten pounds in the land-tax book.

Mr. Knowlys. Have you the land-tax book here? - No.

LOVEY MILLER sworn.

Mr. Fielding. How old are you? - Going into my thirteenth year.

Look at the prisoner and see if you know him? - The prisoner is the man.

Did you ever see that man at Mr. Beardmore's house in June? - Yes.

The Bunch of Grapes is the sign of the house? - Yes.

Did you go with him from the Bunch of Grapes to any place, and for any purpose? - Yes, for change for a guinea; he went into four public houses first.

Did he give you any change at last? - Yes, he gave me four six-pences and a shilling, I brought back the money to Mr. Beardmore's house; I am sure that is the man.

Mr. Garrow to Mr. Law. Was you at the office at the time the prisoner was taken into custody? - I was.

Was the witness Palmer and this little girl there at this time? - They came just at that time, they were sent for and attended.

Have you known the prisoner any length of time? - I do not know him at all, I do not know his name, I heard him answer to the name of Sutton.

Court. What, when he was taken up? - When he was called for to the Board.

Had he had any office in the excise? - I do not know, I will tell the story from the beginning.

You must not tell us any thing that passed when he was at the office? - I have nothing to say; he had no authority that I know of to receive these payments; they are paid at the Excise-office, to the receiver-general's clerk.

He was not one of the receiver-general's clerks? - No.

MAYO MAYO sworn.

I am Solicitor to the Excise; I know the prisoner, I have known him some years, very probably two or three, I do not recollect; he was once acting as an excise officer.

What is his name? - Sutton.

Did he always go by that name? - I believe so, his hand-writing and his papers were signed with the name of Sutton.

Mr. Knowlys. My Lord I object to this indictment, that this gentleman Mr. Law, who is called, says he does not know that the arrear of eighteen shillings is due to the office, but by the books, and he has not produced them.

Court. It is not incumbent on them to prove a negative.

Prisoner. Please to ask Mr. Law if there is any one person, or any individual under him in the department of the office, authorised to receive any licence in the name of Smith? - No, there is a Smith, I believe his name is Samuel Smith , one of the receiver-general's clerks, but he does not receive any money, it is the receiver-general's clerk that receives the money; the clerk of the name of Smith does not receive any duties, it is his department to make up the certificates duly as to the amounts of the day, to receive the charge from the accounts of the receiver-general, which issigned not only by the Accomptant, but by the Comptroller.

Court to Prisoner. Would you say any thing for yourself, or leave it to your Counsel?

Prisoner. I beg leave to ask a question of Mrs. Palmer.

Court. Certainly, as many as you please.

Prisoner to Mrs. Palmer. I wish to know if I had signed the name William Sutton , whether you would have paid me as soon? - I should have paid you all the same.

PRISONER's DEFENCE.

I am entirely innocent of any forgery whatever; and there is no person in the office whatever that is authorised to receive any licence, which I believe Mr. Law will acquaint you and the honorable Court.

Court to Mr. Silvester. You have taken upon you in the indictment to describe this house by the sign of the Bunch of Grapes, and the licence is by the sign of the Grapes.

Mr. Silvester. It only states it is known by the sign of the Bunch of Grapes, it does not state it is so.

Court to Mr. Law. Do you know this house? - No.

Prisoner. My Lord, the only evidence to serve me on this business, I subpoened today, and he will not be in town till tomorrow, which is one Mr. Davidson of London-wall; I have a wife and four children, and I hope for the mercy of the Court in my situation.

Court. Gentlemen of the Jury, the prisoner seems to wish to point out to you that there was no person in the office of the name of Smith, entitled to receive the money, and that if he had signed Sutton, she would have paid him. To dispose of the first question, it does not in any degree alter the nature of the crime; the crime of forgery consists in making a false writing with intent to deceive or defraud another; and it is perfectly immaterial, considering this offence, whether the name that is written be that of a person in existence, or of a person that never existed in the world; if the name be false, that is all that is required; then upon that fact, and in order to see whether the name is false or not, it was necessary for them to prove that this receipt given by him, was given in a false way; in order to do that, they have proved to you, by two witnesses, that the prisoner's name is Sutton; if his name is Sutton, and he assumed another name, and signs this receipt by the name of Smith, it is a false receipt, it is a false writing, any name that he had made use of, which was not his name, makes it a false writing, and the very purpose for which a man makes use of another name, and not his own, is to deceive and to defraud; for it is to prevent detection; and if they had not known him by person, they never could have found out that he was the same man; he thinks fit to sign this receipt with the name of Smith; therefore there is no question, but that in point of law it is a false writing, which will constitute the offence of forgery, if it is done with intent to deceive. The next article is that it was immaterial whether he had used the name of Smith or his own name, namely that of Sutton; but that would make no difference in the offence, whatever his name had been, she said she would have paid the money, because she referred to that authority with which he pretended to be cloathed; for he came to her in the character of a clerk of the Excise-office; and if he was a clerk in that office, she giving credit to his report that he was so, it was perfectly immaterial whether his name was Sutton, Smith, or any thing else; therefore these two points will not serve the prisoner at all, if you believe the evidence, and are satisfied upon it; with respect to the intention it is laid in the indictment in different ways; first to defraud the King; secondly to defraud Mr. Beardmore; it is not worth an observation to state any distinction between them. The prisoner by means of this receipt did obtain the eighteen shillings; of which sum, if the receipt had passed genuine, the King would have been defrauded; if it turns outafterward, and is detected as a forgery, the case is that Beardmore is defrauded, and must pay it over again. Gentlemen, if upon these facts you are satisfied that the prisoner gave this receipt in a false name, with intent to defraud, you will find him guilty; if not, you will acquit him.

GUILTY , Death .

Tried by the London Jury before Mr. Justice BULLER.

513. ROBERT HORNE was indicted for feloniously dealing, on the 22d day of June last, a saddle, value 30 s. a bridle, value 20 s. a pair of leather breeches, value 20 s. a pair of corderoy ditto, value 3 s. a pair of fustian ditto, value 3 s. the property of Edward Topham , Esq .

(The case opened by Mr. Garrow.)

(The witnesses examined separate.)

TIMOTHY BROMAN sworn.

I am a watchman in Great Queen-street, Lincoln's-inn-fields ; I know Mr. Topham's stables, I perceived the prisoner come out of the yard under the gate-way; he had not got out of the yard, about five in the morning, on the 22d of June; when I first saw him, I saw a bag on his back; says I my friend I want to speak to you; he came out of the stable, and there were a parcel of labourers, and he came through the people, and put down the bag in the street, and run across the street; I laid hold of his pocket; I took him and searched his pocket, and took out of his pocket a little bag; this is the bag he had on his back; I took him into custody; in the large sack there was a pair of buck-skin breeches, a pair of corderoy ditto, and a stable jacket; (Produces a saddle, and a pair of corderoy breeches): he said he found the things under the gateway; I was in the gateway about three quarters of an hour before, I saw nothing; I went back again to the stable-door and found it shut; I pushed against it and it opened; I found nobody near the door.

JOHN HIPPEY sworn.

I am groom to Captain Topham; these are my master's property, they were in the stable when I left it, about half after eight in the evening; I left the door locked with a small padlock which is is here.

(Deposes to the things.)

PRISONER's DEFENCE.

I found the things under the gateway.

GUILTY .

Transported for fourteen years .

Tried by the second Middlesex Jury before Mr. RECORDER.

514. THOMAS PHILLIPS and JOHN GLADE were indicted for burglariously breaking and entering the dwelling house of Mary Wake , about the hour of two in the night, on the 10th of June last, and stealing a copper tea-kettle, value 4 s. a copper sauce-pan, value 2 s. and other things, her property .

ELIZABETH WAKE sworn.

My mother Mary Wake kept the house at the time of the robbery; on the 10th of June at night, about one, I fastened up the house myself a little after five, I was sitting up with my mother, who was very ill, and Esther Crow came and told me the house was broke open; when I came down I found the tap-room window was broke open, part of the sky-light of the cellar was taken off, and laid on one side, where they got in and came up stairs, and opened the window; I missed a copper tea-kettle and two punch-bowls, six cups and saucers, and one pound weight of tobacco; they were taken from the bar in the tap-room; I believe they got out of the window, the casements were open; I told the neighbours; one Mr. Peters who did keep the house, he took one of the prisoners; wekept the house three years, my father and mother are both dead; they were both taken the next morning.

ESTHER CROW sworn.

I am servant to Mary Wake , I got up soon after five in the morning; when I unlocked the tap-room door, I found the windows open, the door was locked, there was a latch to the other doors which they opened, and went into the tap-room; the brandy and rum was found in the tap room moved from the bar; they were all safe when I went to bed.

JOHN WAKE sworn.

I am son to Mary Wake , my mother sent to let me know her house was broke open; I went to her, and found Mr. Peters there; Mr. Peters had taken Glade, and I took him into the back parlour; I told him if he would tell me where the things were, he should be safe; he took me to New George-yard, Kent-street, in the Borough, and went up to a two pair of stairs room, and knocked at the door, and was let in by a woman, and found several of the things; a tea-kettle and copper sauce-pan, and several other things which I took away, some I kept, and some the constable had; what I had I delivered to the care of my sister Elizabeth Wake .

(A copper tea-kettle, and bowls and saucepan produced and deposed to.)

(The sauce-pan was full of gin.)

John Wake . I brought the things to Justice Addington. Glade said that Guest and Phillips, and himself, committed the robbery; the magistrate discharged Guest.

JOHN CLARKE sworn.

On the 10th of June I was standing at the Horse-ferry; I saw Phillips and Glade at five minutes after four o'clock coming down Millbank; I asked them if they were going over the water; they said yes, and they got in the boat with a tea-kettle and sauce-pan, and I put them over to the Lambeth side; Phillips gave me a shilling to pay three-pence for the fare, but no house being up, I could not get change; Phillips asked if I had got six-pence; I had not then; he told me another time would do, when he saw me.

WILLIAM PETERS sworn.

I kept the Roebuck public-house formerly, I was informed the house was broke open, and I heard a waterman say to Glade, you ought to be hanged; and I took him up to the Roebuck; in going along he said he had got some of the tobacco; I told him if he would tell where the things where, he would not be hurt; I went to George-yard, Kent-street, and found several of the things, with Glade who went with us.

NICHOLAS BOND sworn.

On the morning of the 10th of June I called on Mr. Peters and John Wake , and informed them of the robbery, and Mr. Peters had got John Glade .

PRISONER's DEFENCE.

I know nothing of the robbery.

WILLIAM PHILLIPS sworn.

I know the prisoner Phillips, he lived with my father some time as a hair-dresser , but was too old to be bound; he was an honest lad.

JOHN WILLIAM JOHNSON sworn.

I know Glade, I am a taylor; I have known him some years, he always bore a good character.

JOHN BOX sworn.

I have known Glade seventeen years; he always was a very honest lad.

MARY HENDREN sworn.

I know Glade, I have known him nine or ten years; he always bore a good character.

MARY SUMMERS sworn.

I have known John Glade five years; he always bore the best of characters.

THOMAS PHILLIPS , JOHN GLADE ,

GUILTY, Of stealing, but not of breaking and entering .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. Justice WILSON.

515. DINAH BROOKE was indicted for stealing nine guineas, and one half guinea, and two shillings and six-pence , the property of Joseph Smith .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. Justice WILSON.

516. MARY GREGORY was indicted for stealing, on the 5th day of June last, a black silk cloak, value 5 s. a cap, value 2 d. a pair of robins, value 1 d. and two guineas, the property of Samuel Whitaker , in his dwelling house .

SAMUEL WHITAKER sworn.

I live at No 8, Howard-street, Strand ; on the 5th of June, about seven in the morning, I lost the things in the indictment, as my wife told me; I enquired after the prisoner, who was a servant to me, and came the 2d of June to live with me; the prisoner and my wife went that morning to clean a house which I had taken, where I now live; I then lived at No. 2, Water-street, Arundel-street; I went to enquire after the girl, and when I returned, I found her at home at breakfast; afterwards she was taken to the Justice's.

ANN WHITAKER sworn.

The prisoner was my servant; we went to clean a house about seven in the morning of the 5th of June; I came back that morning before breakfast, I left her at the house; I came to look for a cloak, which I saw in a drawer two days before, the 3d of June; I then went to another drawer, where I had left five guineas, from thence I missed two guineas; there were three left; after breakfast I looked and missed a cap and a pair of ruffles; I had five guineas in my hand, on the Sunday morning the 31st of May; I had not seen it or meddled with it since; the drawer was locked when I went out; I cannot say I never left the drawer unlocked; it was in the parlour; the prisoner came home to breakfast about nine o'clock, soon after I missed the things, my husband was not up, I told him I was robbed; I told her I had missed my cloak but nothing else; I asked her if she had lent it to any body; she said no; and when the constable came she told me where it was; the constable came about ten o'clock, I said nothing to her; when the constable came I heard nothing said to her; she said she had not pawned the cloak, but taken it to a place in Wych-street, but not for what purpose; she said the person's name which she took it to, was Mrs. Collins; my husband went there, the cloak is here.

Samuel Whitaker . The prisoner told me the cloak was at Mrs. Collins's; I went there and found the cloak; I gave it to my wife and the constable; my wife has had it ever since; (Deposed to) there I found a work-bag, in which was the cap, and the robins, which my wife knows.

(Deposed to.)

MARY LOVELACE sworn.

I know the black cloak was brought to my apartments from Mrs. Collins's, to alter against Sunday se'nnight by the young woman; she left nothing else, and I never saw the cloak, only as she put it in the chair; I saw the prisoner once before; I do firmly believe it to be the same girl, I am so far sure that I think so.

ANN COLLINS sworn.

I did not come home till ten, and then I heard this cloak was brought; I threw it on a box, and the owner came on the Fridayand fetched it, I never opened it, I was so busy: the prisoner brought me some things to wash for her, she brought a work bag, and hung it by the fire side. I knew her by living at a public-house, I believe the work bag was brought on the Friday or Saturday, what was in the bag, I did not know.

Constable. I spoke to the young woman, she acknowledged where the things were, I promised her pardon.

PRISONER's DEFENCE.

I went as a servant to the prosecutor; I was in very great distress, and the drawer being open, I took one guinea, I have no witnesses.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. Justice WILSON.

517. MARY SMITH was indicted for feloniously stealing, on the 26th of January last, three silk gowns, value 6 l. one linen gown, value 10 s. a pair of laced robins, value 10 s. a muslin apron, value 2 s. a silk petticoat, value 5 s. a white petticoat, value 5 s. the property of Hannah Jacobs ; widow , in her dwelling house .

HANNAH JACOBS sworn.

I live at No. 9, Bethnal Green , I lost the things in the indictment, from my house, the prisoner came to lodge at my house for a month, she came the 25th of January, and took my lodgings, and gave me a shilling earnest, there were two drawers in the dining room, one was not locked, the other she broke open; the things I lost were in those two drawers, I never saw the things since; she went away about six, and left-a lighted candle.

How came you to charge this as a capital charge, did any body tell you to do it? - No, nobody told me, I did it of myself.

How came you to know it was a capital offence? - To be sure it was a capital offence.

What is the distinction between its being a capital offence, and its not being so? - I am not so deep learned as that.

Did not the officer or some person or other inform you that this was a capital offence? - No.

How came you to know it was a capital offence, to steal these articles in this way? - I know I was a sufferer by what I lost.

What instructions did you give the officer about this indictment? - I told the gentleman that I had lost three gowns, valued at 40 s. a gown; a petticoat, value 5 s. another petticoat, value 5 s. a pair of laced ruffles, and a black silk petticoat.

What did the officers say to you? - They said nothing to me, they asked me what I valued my things at? - I valued them as low as I could.

Are you sure the things would sell at the value you put upon them? - A great deal more.

Are there any other lodgers in your house? - No, I have nobody else, but myself and my daughter; the prisoner appeared like a gentlewoman, she locked the door when she went away; and took the key with her, which was about six o'clock.

But during the time you saw your things last, in the morning; after the time you saw your things, was not your door left open occasionally, as it used to be before? - I used to shut my dining room door.

But did not lock it? - No.

PRISONER's DEFENCE.

I do not know the prosecutrix; about an hour ago she came with a gentleman to the Bail dock, and a person was standing at the window; she said, is your name Smith? She said, No, this is Mrs. Smith. Very well, says the prosecutrix, then weshall know her in Court; and the goaler knows it.

Court to Prosecutrix. Is this true that you went to the Bail dock? - Do you think she will not say any thing? No, my Lord; a Gentleman enquired for her.

Was it in your presence, and at your request? - No, he came to me, and told me she was there, it was a gentleman, I stood upon the stairs, her name is on the list; I had no occasion to go to see her, I knew her face very well.

Are you sure that is the woman? - I wish I was as sure of entering the kingdom of heaven.

PRISONER.

I am quite a stranger; I have no witnesses, but there are women in the Bail Dock, that heard the prosecutrix make mention of these words.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

518. ANN BURNE was indicted for feloniously stealing, on the 5th of June , one iron key, value 1 d. one silk purse value 1 d. nine guineas, and one half guinea, two half crowns, and one shilling, the property of Peter Lawson , privily from his person .

And JUDITH COLEMAN otherwise ANTHONY was indicted for feloniously receiving on the same day, one silk purse, value 1 d. nine guineas, one half guinea, two half crowns, and one shilling, part of the said goods, knowing them to have been stolen .

PETER LAWSON sworn.

I am a seaman , I know the prisoner Ann Burne , I saw her at the Crown in Nightingale-lane, a public-house, the 5th of June, I was in the house, she came in and got acquainted with me, I and another was together; he went home, and I went with her to her lodgings, in Blake's yard ; I was not drunk, I was quite sober, I had only a shilling's-worth of grog, not enough to make me drunk, I went home with her, betwixt 9 and 10, I went to her room; she said she would go and get some supper. I sat on the bed and fell asleep; then she quarrelled with me, at past 12, to go to bed; I was not undressed, I found my purse was gone, and my key, the key was found in the bed, my purse and money were not found in the bed; I lost nine guineas, and one half guinea, two half crowns, 1 s. and two halfpence; these things were all in my breeches pocket, except the shilling, and two pence halfpenny, which were in my jacket pocket, I never saw my money or purse since; I saw my purse about three minutes before I went with her, at the crown; there I changed a guinea, it was a green silk purse, with a gold string in it; I should know it to swear to it. I had used it about five months, I asked her about the money; she said, I know nothing of the money; I went to a watchman, and went with him to the watch-house; I came back to this house, and the door was shut; I have never seen my money and purse since, I gave the girl no money; I can swear positively to the prisoner Burne, she owned it herself five times, before the justice, I heard her, and a great many more; she owned she went with me, and took the money, and brought it down to her landlady.

Had not you told her you would be kind to her if she would tell you where the money was, and would not prosecute her? - No, nothing of the kind.

Then it was a voluntary confession of her own? - Yes, she said, the landlady's name was Judith Coleman ; I never saw my money or purse in the hands of the landlady; I never saw her in the house, I took them both to the watch-house that night; I found the landlady in the house, when I took her.

Had not you the least suspicion how this girl took your money at all, did not you feel her hands about you? - No not at all.

Was there no one time that you suspected her taking it? - No.

Prisoner Burne. Did he find me in the room when he brought the officer to take me? - She was on the bed with all her clothes on.

How soon was that after you had left her? - About five minutes after.

Ann Duncan called but did not answer.

Michael Mahony called but did not answer.

GEORGE GIBSON sworn.

I am a headborough; this prosecutor and the watchman came and said he was robbed; I went and knocked twice, and told her there was a man robbed, she would not open the door; I immediately burst open the door, Mrs. Coleman was in bed, I went up stairs with a candle, and found the prisoner Burne laying on the bed with her clothes on; I awoke her, she seemed to be in liquor, but was sober enough at the watch-house; between the sheets and the blanket I found this key, but no appearance of money; she said if I would let her out of the watch-house into the lock-up-room, she would tell me where the money was.

Did you let her out? - Yes.

Then you must not tell me after that what she said? - I found no money at all on her or Mrs. Coleman.

This key was in your jacket pocket? - It was in the pocket underneath the purse where the money was in; it is a little key, I can swear to the key, I am sure it is mine.

JOHN LOVELL sworn.

I am a headborough; I went with the last witness to this house, and listened at the window, and I heard the rattling of some guineas; I said break open the door, there is the money; the prisoner Coleman was on the side of the bed, and another woman, a stranger, in the bed; Mrs. Coleman was partly undressed, sitting on the side of the bed, Burne was up stairs, and I saw Gibson bringing her down stairs.

Court to William Gibson . In what room was the key? - Mrs. Coleman was in the bed-room, the key was in the two-pair of stairs.

Lawson. I was robbed up one pair of stairs, as nigh as I can remember.

PRISONER BURNE's DEFENCE.

I never saw the money, if I was to die to-morrow.

BOTH NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

519. THOMAS BACHELLOR was indicted for stealing six shillings , the monies of John and James Puddiford .

JOHN BURNE sworn.

I had some little suspicion; I marked some money the night before this was taken, the next morning six of these shillings were missing, I had the prisoner taken up, and the constable found six shillings upon him.

The CONSTABLE sworn.

The prisoner denied having any of his master's money; but upon my beginning to examine him, he put his hand in his breeches pocket, and threw down the money; there were about three or four shillings, and three half crowns which had no marks at all.

PRISONER.

I leave it to my Counsel.

Mr. Garrow. I have several witnesses.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

520. THOMAS LILLEY and MATTHEW DELANY were indicted for feloniously stealing, on the 10th day of June last, one hundred pounds weight of lead, value 10 s. belonging to the Governors and Co. of the Chelsea water works .

THOMAS SIMPSON sworn.

I am Surveyor to the Chelsea waterworks Company.

How do you make it appear that these are a Company? - They are a body corporate; they are known by repute, to be the Governor and Co. of the Chelsea waterworks; this lead was lost on the 10th of June, I was sent for and informed the two prisoners were in custody for stealing of lead; I never saw them till I saw them at the Public office. I first saw the lead at St. George's work-house, it had a day or two before been taken off some iron railling that I had surveyed, which was round a bason in Hyde park ; the railing was taken down from the bason, and let into a chain bar; the lead was fixed to the iron, and the iron was fixed to the kirb-stone.

When you last saw it, was it separated from the railing or not? - It was quite separate from the railing; taken and put in a stable. I believe I saw it the day before; I did not see it on the prisoner; I can safely swear it belongs to the Chelsea water works, it was cut off in a particular manner; there is no particular stamp, I should have known it at York.

JONATHAN COCKSHAW sworn.

I am a watchman of St. George's, Hanover-square; the corner of Park-street; I stopped the prisoner Delany, at half past four in the morning, on the 10th of June; I perceived him coming from the top of Park-lane, which is a very little distance from where the lead was brought, very near the stables, he had it on his back, he did not perceive me, I let him come up to me, I was standing against a post, then I crossed and met him; I said, my friend, you are heavy loaded; yes, said he; says I, what have you there? he said it was immaterial, it did not signify; says I, it does signify to me, I insist on stopping you; he seemed very much agitated; he said if I would goback with him, he would convince me, that such a gentleman gave it him: meaning Mr. Bonniface, collector of the water tax; then again he deviated from that, and mentioned the turn-cock, whose name is Waddingham; I took him to the watch-house, and fetched the other prisoner from his master's house, the Collector's house; I understood he was a hired servant, there was no lead upon him, but I saw it in the stable, I offered to serve Delany the prisoner, to go to any friend to assist him, in my power; by that, he desired me to go into the Park, to stand against the rails, and to call John the Trunk-man; I thought this person might be an accomplice; I went into the Park, it was early between four and five in the morning; I saw a gentleman fishing at the bason, and I enquired for John the Trunk-man; I received intelligence of him. I called, he did not answer; presently I saw the stable door open, and he was sweeping the stable, this was about a quarter of an hour after I took the lead from the other prisoner; I called him by the name of John the Trunkman; he answered by that name. I am upon my oath, and I trust I know what the nature of an oath is. Mr. Bonniface lives in the house, the prisoner did not acknowledge he was a servant of his; I cannot say I ever saw him act as such.

Jury. Is Lilley a house-keeper? - Yes, he is; I asked Lilley to come with me to the watch house, he went then, when I was shewing him down stairs to Delany, and coming to the place where he was generally confined, he drew back, and said you want to lock me up; Delany called me up, I cannot recollect the conversation; but he said before the watch-house keeper, he gave me leave to take a little bit; upon that the watch-house keeper thought fit to lock him up; Mr. Bonniface asked the prisoners how they could do such a thing; and they said it was the first time, and they hoped he would forgive them.

Had you offered them any favour? - No, none, he only said, they must take the course of Justice.

PRISONER DELANY's DEFENCE.

I saw the lead laying on the side of some timber.

PRISONER LILLEY's DEFENCE.

I know nothing about it.

- SIMPSON sworn.

I have known him two years and a half, he was of a general good character, particularly so. I have a good character of Delany from his master.

(The lead shewn to the Jury.)

THOMAS LILLEY , NOT GUILTY .

MATTHEW DELANY , GUILTY .

Publickly whipped , and discharged.

Tried by the first Middlesex Jury before Mr. RECORDER.

521. SARAH, wife of GEORGE PHILLIPS , was indicted for stealing, on the 6th of June , two pair of stays, value 2 s. two pair of silk stockings, value 1 s. and one pair of shoes, value 6 d. two waistcoats, value 6 d. two clouts, value 2 d. a pair of robbins, value 6 d. a hat band, value 1 s. a piece of gauze, value 2 d. two pair of gloves, value 2 d. one gauze handkerchief, value 2 d. the property of Dennis Granier .

(The Case opened by Mr. Garrow.)

BRIDGET GRANIER sworn.

My husband's name is Dennis Granier , he has not lived with me these three years; I carry on business, in selling and buying clothes, I became acquainted with the prisoner about the time the King came to St. Paul's; she was frequently at my house to dinner, breafast, and tea; I had no lodging for her; I lost several things, not in the indictment; I did not suspect the prisoner at that time, but in particular I misseda gold hat band, soon after I became acquainted with her, the prisoner lodged at Mr. Ardley's at the same time, and I asked the prisoner how she came to put my gilt hat band into her hat and wear it without my leave; she denied it, and said she did not; I went to Mr. Ardley's on the Friday night, I had no person with me, to assist me in looking after the things; she threw herself in a great passion, I was afraid of her, and I said no more; she said, she would take me up for charging her with a theft. I believe it was the Monday or the Tuesday following, that I met with a napkin, and two other cloths at Ardley's house; they were folded up as she had left them; and Thomas Burne brought my bundle, containing two pair of stays, a pair of laced robbins, one shift, a quarter of a yard of brown cloth; they are my property; I am very clear I never sold them; I saw the prisoner that night in Wardour-street, at a grocer's shop, the young man took me to her, I asked her how she came to take my things; she said, I gave them to her.

Was that true? - No Sir, not at all; I am very sure they are all my property.

Prisoner. The prosecutrix gave me the things to mend.

Prosecutrix. I never gave her a stitch to mend out of my own house in my life.

THOMAS BURNE sworn.

I know the prisoner, she gave me these things to carry to Mrs. Granier, that was some weeks ago, I carried them to Mrs. Granier.

What did she say to you when she delivered you the bundle to carry? - She told me the gentlewoman's name where I was to carry it to; and desired me not to say who it came from; but if they asked me, to say, it was from a gentleman; I carried the same bundle to Mrs. Granier, and went with Mrs. Granier, to the Grocer's shop door; the prisoner was up stairs; and would not come down when Mrs. Granier came, and the prisoner told Mrs. Granier, that every thing she had had from her, was in the bundle. I am sure of the person.

ANN ARDLEY sworn.

I remember the prosecutrix coming to my house, I delivered her a napkin, and two clouts; I had them from the prisoner, two of them she said she had bought, and one was her own; one of the clouts, she said, she had bought, and the napkin from the prosecutrix, and the other was her own; I saw a very handsome gold laced hat band; she picked it to pieces, and returned it to Mrs. Granier.

PRISONER's DEFENCE.

After I left my place, I was taken to the prosecutrix's house, and she asked me to do some needle work for her, which I did several days, she gave me a bed-gown and shift to mend, which I did, and returned it back by the lad, and gave him three pence to carry it; she immediately came down, and took me to the watch-house.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

522. JUSTIN HARVEY was indicted for stealing, on the 10th of June , a silver watch, value 3 l. a steel chain, value 6 d. a steel seal, value 2 d. nine guineas and two half guineas , the property of John Davis .

(The witnesses examined separate.)

(The case opened by Mr. Knowlys.)

JOHN DAVIS sworn.

I am a Welchman; on the 10th of June last I was in St. James's Park , a man overtook me coming from the Bird-cage-walk, it was in the forenoon, he was dressed likea countryman, he said it was a fine morning; we went further on, he picked up a purse all of a sudden, he said he had found something, and there was paper in it; we were alone at that time; he took out a paper, I wanted to look at it, he would not let me; the park-keeper took out of the purse a paper which contained a cross which was called a diamond cross, with a receipt for 520 l. which was opened by this man who called himself the park-keeper, and the prisoner called himself the park-keeper's man; the park-keeper ordered his man to open the gate, the prisoner said he had not got the key; then the man who called himself the park-keeper said, we will go to the Green-park and there we will settle it; we went to another gate, and he had not the key of that; then the park-keeper said, if you forget the keys again you shall lose your place; he said the reward will be advertised, one hundred pounds the first day, two hundred pounds the second day, and so on; he said, can you get this gentleman two hundred pounds? he said I have a gentleman at St. James's, who will let me have two hundred pounds; he went and came back, and the gentleman was gone out; the park-keeper asked me what money I had; I said I had not any; says he, you have a watch, leave that with me; I did leave it with him; says he, have you any money at home? I said I have a little; the park-keeper's man went home with me, and I gave him nine guineas and a half; I went to Mr. Evans, in order to borrow two hundred pounds, which I was to let the park-keeper have.

What was you to have for all this money, and your watch? - I cannot answer that question, I don't know why I gave him the money.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. Justice WILSON.

523. THOMAS HAWKES and JOHN DANIELS were indicted for stealing a carpet, value 2 l. the property of Harriot M'Mahon .

And THOMAS WHITFIELD was indicted for receiving the same, knowing it to be stolen .

HARRIOT M'MAHON sworn.

I keep a coffee house in the Hay-market ; on the 17th of June there was a fire at the Opera-house, and at eleven o'clock the next day I missed a carpet, I went to St. James's watch-house, and found it there by information.

- RICHARDSON sworn.

I am a constable, I produce the carpet, I got it from a beer-house, it was brought out to me, Whitfield was with me; I apprehended him at night near Knightsbridge, at night work, I brought him and the carpet to the watch-house; Hawkes was taken before, and I took Daniels from off guard.

William Shadwell and John Etherington confirmed the above evidence.

ALL THREE NOT GUILTY .

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

524. JOSEPH LUCAR and JAMES ROCHE were indicted for stealing eighty-four pounds weight of lead, value 10 s. the property of George Dowling , fixed to his dwelling-house .

GEORGE DOWLING sworn.

I live at Mile-end New-Town ; on the 23d day of June I lost this lead from the gutter, I saw it the evening before; I was called up at two o'clock in the morning, but there was nobody there; I went to bed again and arose at five, and went up to the top of the house, and the lead was gone from the gutter; I was informed two men were taken up for stealing lead; I went to Justice Staples's, and saw the lead there,it was opened there, we took it to the place from whence it was taken, and compared it, and it fitted exactly; it was taken from a shed behind my house.

Mr. Peatt, Prisoner's Counsel. The lead is of the usual size as is put on other places? - Certainly, but this fitted exactly.

SIMEON WOOD sworn.

The watchman called me up on Wednesday morning, and I saw Roche and Lucar in Lamb's-alley, with the lead on their shoulders; I saw them throw it through a hole into an empty house; I called to my father, and he went and put his hand upon the lead, and I watched the two prisoners, and as they came down the alley back again, we took them; one of the prisoners, Lucar, drew a knife, but not opened, and said he would cut out b - dy livers; we sent for Mr. Naish to our assistance, who took the lead in his care; they were out of sight for about ten minutes or a quarter of an hour; I am certain they are the same men I saw with the lead.

JAMES WOOD sworn.

I am father to the former witness; I never quitted the lead till the prisoners came back; I had a pistol with me, and Mr. James came to my assistance, and we took them.

Mr. Peatt. Were not the prisoners at large after they were first apprehended? - They got away by struggling.

WILLIAM JAMES sworn.

I was called up at four o'clock on the alarm of thieves, I came down directly, and Lucar surrendered himself to me, and the other was taken directly.

ALEXANDER STEVENSON sworn.

On the 24th of June I went to the office and measured the lead, and found it exactly corresponded; then I took the lead and fitted it to the place, and it fitted exactly; the lead was thirteen feet long.

Jury. Have you any doubt of its being the same lead? - I have no doubt at all but it is the same lead.

(The lead produced and deposed to.)

PRISONER ROCHE's DEFENCE.

I was going through Spicer-street, and I met Lucar, we were going to work, and going down Lamb-alley Naish came up and took us.

PRISONER LUCAR's DEFENCE.

I met Roche in Lamb-alley, and we went to have a pint of beer; and on going along, one of the witnesses came and put a pistol to Roche's head, and took my knife out of my pocket.

The prisoner. Lucar called two witnesses who gave him a good character.

BOTH GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. Justice WILSON.

525. WILLIAM SMITH otherwise AKIN was indicted for stealing, on the 26th of June last, a cloth cloak, value 3 s. a silk cloak, value 2 s. the property of Samuel Foley .

SAMUEL FOLEY sworn.

I live at No. 70, Pennington street Ratcliffe-highway ; on the 26th of June I lost two cloaks, I was in Ship-alley at the time; when I came home my wife and son told me the house was robbed; the prisoner was taken the next evening.

MARY FOLEY sworn.

I am wife to Samuel Foley , I lost the two cloaks on the 26th of June, they were taken from the stairs about ten o'clock, the door was open to be sure; the woman that lives in my house, lost a cloak at the same time, we got the two cloaks from James Ford , and the other from William Smith 's house; I went with Macaul the officer, I asked Smith for the cloak, and we found the cloak between the blanket and the sheets; it was the red cloak.

MARGARET GOLDING sworn.

I saw one of the cloaks hanging on the door when I went up stairs, and when I came down it was gone.

JAMES FORD sworn.

Last Saturday se'nnight I was crying old clothes, and they called me up stairs, and offered these cloaks to me for sale; I offered three shillings and six-pence, and they would not take less than four shillings; I bought two cloaks, and gave them to the officer who took me up.

ALEXANDER MACAUL sworn.

I went to the house of the prisoner, and found the red cloak in the bed.

(The two cloaks produced and deposed to by the prosecutor.)

PRISONER's DEFENCE.

I belong to a ship, I came ashore and I found these cloaks, with a neck-cloth, tied up in a bundle; I kicked so hard against them, they had like to have thrown me into the kennel.

GUILTY .

Whipped .

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

526. MARY HARRIS was indicted for stealing, on the 30th day of June last, a silver watch, value 40 s. one gold seal, value 10 s. one metal seal, value 1 d. and two guineas and seven shillings , the property of Cornelius Roydon .

The prosecutor not appearing, she was ACQUITTED .

527. SARAH SCALES was indicted for stealing, on the 4th of July , six iron furnace bars, value 1 s. one iron door, value 1 s. and other things , the property of Bryan Serjeant .

BRYAN SERJEANT sworn.

I don't know the prisoner; on Saturday night last the 4th of July, I lost six iron bars belonging to a copper; they were laid loose, and an iron furnace door hung upon hooks, two tin sauce-pans, a large pail and twig basket, they were in a wash-house, they were there in the day, they were not missed till I saw the prisoner with the things going out.

CHARLES MEAK sworn.

I saw her go out of the yard with them at ten o'clock at night, I sat at work in the next room, I pursued her, she turned into a neighbour's house; I went in there, I called the watch, and he took her to the watch-house, she had these things with her, it was rather dark, and she had the pail on one arm, and the basket on the other, they were not covered; we both carried them to the watch-house, we took them afterwards to the Justice; she had a cloak on with another basket with six lobsters; I saw her before she was out of the yard.

Peter Evans confirmed the above witnesses.

(The goods produced, and deposed to.)

PRISONER's DEFENCE.

I went out about five with two score of lobsters, and next door to that Gentleman a woman bought them; she told me she could not pay me then, but bid me call as I came back; I was very much in liquor, I thought it was the next house, I threw myself over these things that stood in the passage; the man came and saw me lay, he kicked me and said, you drunken b - h, what business have you here? get up.

Meak. She was sitting up, not laying down, I cannot say whether she was in liquor or no; I did not say any such words to her.

Evans. She appeared to me to be as sober as I am this minute, and I am sure I have drank nothing to-day.

GUILTY .

Imprisoned six months .

Tried by the second Middlesex Jury before Mr. Justice WILSON.

527. JAMES STREET was indicted for stealing, on the 17th day of June , a quantity of nails and a gimblet, value 20 s. the property of Thomas Hances .

NOT GUILTY .

528. HE was again indicted for a similar offence .

NOT GUILTY .

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

529. WILLIAM BROWN was indicted for stealing, on the 2d of July , a mahogany tea-chest, and three tin cannisters, value 3 s. the property of William Jones .

WILLIAM JONES sworn.

I live at Tottenham High-cross , I lost three cannisters, I saw them a couple of hours before I lost them.

- KNIGHT sworn.

The prisoner went by our gate, and afterwards I saw him in Mr. Jones's yard with something in his apron.

BENJAMIN EVANS JONES sworn.

I was at this boy's master's house, and he missed a tea-chest, and we ran after the prisoner and caught him about a mile from the house, I was about ten yards from the other young man; the tea-chest was taken from him.

PRISONER's DEFENCE.

I have a few words to say, I had no victuals in my head; I went into this man's yard to ask for a bit of bread, and this tea-chest was in the yard, and I took it; I did not think any harm.

GUILTY .

Whipped .

Tried by the second Middlesex Jury before Mr. Justice WILSON.

530. MARY WILLIAMS was indicted for stealing, on the 10th of June , a pair of leather shoes, value 1 s. 6 d. the property of William Jenkins .

REBECCA JENKINS sworn.

I saw the prisoner take the shoes.

PRISONER's DEFENCE.

I bought the shoes; she struck me in the face.

Prosecutrix. I am as solid in my firm oath as ever I was of a meal's victuals in my body, in the world, I never struck her.

GUILTY, 10 d.

Imprisoned six months .

Tried by the second Middlesex Jury before Mr. Justice WILSON.

531. NATHANIEL TAYLOR was indicted for stealing twelve pair of leather shoes, value 17 s. the property of James Coleman .

JAMES COLEMAN sworn.

I live near the Seven Dials , I heard my shop was broke open; a man came to offer me shoes for sale the day after the robbery, and I took the man to Townsend; I never saw the gentleman at the bar before; I was at work, and I was fetched by a young man; I went into one Mr. Foster's shop, the prisoner had some shoes in his pocket,which he offered for sale; he had two odd shoes, they were taken from him.

JEREMIAH BIGGS sworn.

The prisoner offered them to me for sale in the cellar, the gentleman at the bar, I did not approve of them; he had one pair of boots, I asked him if he would sell them alone; he said no, all in a lump; I refused them, I had some suspicion that this young man had his stall broke open, and I told him.

CHARLES ELLIOTT sworn.

I met this young man with the prisoner; he had the shoes, I took charge of him.

(Produced and deposed to.)

PRISONER's DEFENCE.

On the 9th of June last I was going to Hampstead, to Mr. Robert Smith 's; stopping a little beyond the Adam and Eve in Tottenham-court-road, I saw a kind of bundle covered over with rubbish, which was these shoes; I tied them up in my handkerchief, and pursued my journey, I left them in my way; I am a hair-dresser , I have lived in service; I offered these shoes to sale, first to Mr. Forster in Monmouth-street, and I took them to three different places in St. Giles's; Mr. Foster bade me one shilling and six-pence for them, and I would not take it; I took them to different places, and they would not buy them, I returned back to Mr. Foster; when I understood the property belonged to this man, I directly took them to Mr. Foster's shop, I was going to receive the money; in the mean time the gentleman who owns the shoes, came and secured me and the shoes.

Court to Coleman. When had you seen these shoes before? - I had them over night, that I am sure of.

Jury. I understood you that your stall was broke open in the night? - Yes, I was there about seven in the evening, and then the things were all there.

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

GUILTY, 10 d.

Imprisoned six months .

Tried by the second Middlesex Jury before Mr. Justice WILSON.

532. DAVID MUNRO was indicted for a burglary .

But there being no evidence against the prisoner, he was ACQUITTED .

533. ELIZABETH ANN WADE was indicted for stealing, on the 26th of March last, a silk damask gown and coat, value 2 l. and two latin gowns and coats, value 4 l. six pair of silk stockings, value 2 l. the property of - Spankster .

- SPANKSTER sworn.

This woman had been two or three times at my house; she spoke to me wishing to have these articles for different people; sometime before the 26th of March, she asked me if I had any dark silk or sattin; I told her yes; she told me she should come such a day, and desired I would send somebody with her to shew the ladies; she asked me if I had any very good silk stockings with game; and asked me to look out half a dozan pair of them; she made choice of a silk damask gown and coat, and a satin gown and coat, and then of another satin gown and coat; on the 26th of April the prisoner came again, and I sent the things in the indictment by my daughter with the prisoner; my daughter is here; I asked her what name, and she said Perry.

SELINA MARY SPANKSTER sworn.

My mother gave me a bundle, in which there was a silk gown and coat, a satingown and coat, and another gown and coat; she said she would shew them to the mantua-maker, and she took me to St. James's-market; then she went up stairs, and when we got about half way in the room, she took the bundle to the table by the window and opened it, and asked the mantua-maker if the satin polanese and petticoat would make a full gown; the mantua-maker said it would; after that she tied up the bundle, and said she would go into St. James street; and I told her I would go with her; and she said no, she would rather not, she should go quicker than me; I asked her again; and when I had asked her three times, she told me the ladies did not like it; and she went down stairs; I did not see her again.

Did you attempt to hold her? - No; I did not know that she was going to take these things away; I never saw the things again, my father found the prisoner, I knew her again the moment I saw her; I had not the least doubt.

ANN MILBOURNE sworn.

I am a mantua-maker; the prisoner came to my apartments the 24th of March, she asked me if I was a mantua-maker; and on the 6th she came again with this young girl, and brought a silk gown and coat; and two satin gowns and coats; it was about five o'clock, she took them away again.

PRISONER's DEFENCE.

My Lord, I went to Mr. Spratt's, shoemaker, No. 9, if my memory assists me right, where I lived very retired; I went there in the name of Smith, coming to a long law-suit I had; I lodged at Mr. Anderson's; I went to be retired intirely till I had sold my estate, which is in America, General Wade is my brother; I told them I was a person come from the country; and had ten pounds a year, and would do some needle work; one night at Mr. Spratt's I was met by an elderly gentleman, I had a few sprats in my hand, I was very ill at that time with St. Anthony's fire in my face, that no person who saw me then could know me again; the gentleman came and spoke to me, and said, my dear, will you have a glass of wine? I knocked at the door, I never was at Mr. Spratt's from Easter Saturday till the day I was taken with this gentleman; I sat down on Monday morning and made a little frock, I thought I would go to Mr. Spratt's, and tell him the alteration of my name; I every day attended Mr. Plowden, who was going to sell my estate, and I thought I; might be met with at Mr. Spratt's; I know nothing or the gowns, I was going to Mr. Spratt's, I was never there before; I left this gentleman in the street; he says to me; will you go and drink a glass of wine? I do not drink any wine, Sir, says I; I have no business with you; he followed me; when we got to Long-lane, he took hold of my hand; I have been ill since I have been in Newgate, I have sent to my friends; Sir Sampson Wright knows me; Mr. Spratt can clear me, I was ill in his house.

The witnesses called but did not appear.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

534. SARAH TAYLOR was indicted for stealing a woollen blanket, value 2 s. 6 d. the goods of John Brown .

JOHN BROWN sworn.

I know the blanket is mine, and that is all I know.

FRANCES BROWN sworn.

I lost a blanket the 2d of June; the prisoner stole it, and the pawnbroker stopped it; I have never seen it since; I saw it on the 1st of June, in the two pair of stairs room, not the room which she lived in;she lodged there these four months in the one-pair; I did not do any thing, because I did not know who had it.

ALEXANDER LANE sworn.

I am a pawnbroker; the blanket was brought the 2d of June; I am not positive who it was, the prisoner or no, that brought it; the prosecutrix called last Saturday.

ELIZABETH POWELL sworn.

On the 2d of June I lodged in the same room the prisoner lodged in; she asked me if I would take a walk with her to Drury-lane; I saw nothing about her, and when we got to the lane she said, I am faint, I want something to drink; she says to me, will you be kind enough to step to the door, she shuffled something from under her; I saw her deliver the blanket, and asked a shilling in the name of Sarah Gibbs ; when I went out of the shop, I went home, I said nothing, I did not see her till next morning; I asked her how she could be so wicked to take things to pledge; I did not like to say any thing about it, because I am a poor woman, and the time I should lose.

Alexander Lane . The blanket was pawned in the name of Ann Gibbs , she gave a direction to No. 5, Plumbtree-street; I sent a boy along with her to be sure that was her property, and she ran from him; he went to Plumbtree-street, and no such person was there; I can't tell whether there was only one or two.

Frances Brown . This is the fellow blanket to that on my bed; Elizabeth Powell told me of it on Saturday night; I did not go myself, I sent her and another woman; Mr. Lane said I could not have it without the woman that brought it.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. Justice WILSON.

535. MARY RUMBALD was indicted for stealing, on the 16th of June , a linen sheet, value 2 s. the property of Ann Dunn .

ANN DUNN sworn.

I live in George-street, Spital-fields ; she came to my house on the 3d of June; her husband is a cooper; she is a lawful married woman; she took the lodgings with her husband.

NOT GUILTY .

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

536. ELIZABETH SMITH was indicted for stealing, on the 13th of October, 1787 , a pair of linen sheets, value 5 s. a counterpane, two silver spoons, and a table-cloth, value 10 s. and a pair of curtains, value 5 s. the property of Samuel Bottomley , in a lodging-room .

SAMUEL BOTTOMLEY sworn.

I live at Kingsland , I do not know the prisoner; she came and took a lodging of my wife on Monday the 11th of October, 1787, and being in a poor state of health, she said she would be glad to come into the the lodging that night; she came in the evening of the 11th of October; a little time after I went up stairs to inform her I had fire-arms in the house, and was going to fire it off, and was afraid it might alarm her; on the 13th she went away; on the 14th I broke open the door, and found the things mentioned in the indictment were missing; a cotton counterpane, a pair of sheets, two curtains, a glass salt-cellar, two silver spoons, a napkin, and a table-cloth; I never found any of the things again; I went to Bow-street and gave information; I never heard of her till about six weeks ago.

ELEANOR BOTTOMLEY sworn.

I let my lodgings to the prisoner at the bar the 11th of October, 1787; I am sure she is the woman; I let it at half a guinea a week; she went away on Wednesday the13th of October, she wished me a good morning, I saw nothing with her then; she never returned; I lost the things mentioned in the indictment; I saw her several times while in the house to know her well; I am sure she is the same person.

PRISONER's DEFENCE.

I know nothing of the robbery, nor the witnesses neither; my witnesses nor counsel are not come yet.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. Justice WILSON.

537. JAMES GREEN was indicted for feloniously breaking and entering the dwelling-house of William Holcomb , on the 29th of June last, about ten in the forenoon, no person being therein, and stealing a cloth coat, value 30 s. his property .

DANIEL HOLCOMB , Junior, sworn.

I live at Waltham-green, Fulham ; on Monday week the 29th of June, I went out about a quarter after nine; I left nobody there; I left the key for my mother behind a piece of wood close to the door; I returned about eleven o'clock, and looked for the key, but it was gone; I lifted up the latch, and the door opened; I am sure I locked the door; I went up stairs, but saw nobody, but heard some person run from room to room; I went and got assistance, and found the prisoner below stairs with the things tied up, which lay down directly where the prisoner stood; it was in the bed-room where my brother and I lay; we found him in the corner of the room, concealed under an old feather-bed; my breeches was hanging in the bed-room on a nail, my brother's coat and stockings we found below stairs, the coat value 1 l. 1 s. the breeches 10 s.

WILLIAM HOLCOMB , Senior, sworn.

I know no further than the coat and waistcoat are mine; I was out at work at the time.

GEORGE LLOYD sworn.

I was at work in the field, just by the house; I was called, being told there was athief in the house, I went up stairs, and found the prisoner, I saw the bundle the first thing, on the floor.

JAMES MASON sworn.

I was called by young Holcomb, who said there were thieves in the house; I went up and searched the house, and found the prisoner concealed.

SAMUEL JONES sworn.

I only took charge of the prisoner.

PRISONER's DEFENCE.

(Read by Mr. Shelton, as follows:)

My Lord, and Gentlemen of the Jury,

As I was coming from my work, to go home to breakfast I was overtaken by two young men, whom I knew; as they were going my way, we agreed to go together. but when we came to Mr. Holcomb's house, the young men said they must call for some things; one of them took a key out of his pocket and opened the door, they went in, and desired me to follow them, saying they should not stay a minute; so I went in with them, not thinking any harm, they went up stairs, and I followed them, but soon after we were up stairs, the two young men ran away and several people came up and took me into custody, saying I was going to rob the house. My Lord and Gentlemen, I gave information who the two men were, that took me into the house; I live with my father and mother, and always work hard for my living, and ever bore the character of an honest lad. As that is the truth, and I am totally innocent of the affair, I hope your Lordship and the Gentlemen of the Jury will takeit into proper consideration, and not suffer me to come to any further trouble.

James Green.

WILLIAM KENT sworn.

I have known the prisoner two years, he is a very honest lad, he worked for me the last fortnight.

GUILTY , Death .

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

538. MARY CHAPEL was indicted for stealing, on the 20th of June last, a printed cotton petticoat, value 6 s. the property of Samuel Knightly .

THOMAS KNIGHTLY sworn.

I live with Mr. Knightly, pawnbroker , in East Smithfield ; on the 20th of June, about six in the evening, the prisoner asked to buy an apron; being busy I could not shew her one directly, she had the apron in her hand about two minutes, before I missed an apron; and she lifted up her apron, and said here it is.

Did you miss the petticoat on that day? - No, not till the Monday following.

Had you seen it in the shop before the prisoner came? - Yes, I heard of it on the Saturday following; I went to Rosemary Lane, and found it at Mrs. Rose's, a sale-shop; I should know it again, I saw it at the Justices.

MARTHA EDWARDS ' sworn.

I have the petticoat, I bought it of Susanna Berry , I gave 5 s. 6 d. for it.

(Produces it.)

SUSANNA BERRY sworn.

The prisoner came to me last Friday week, and asked me to lend her 4 s. to take the petticoat out of pawn; she brought the duplicate and I took it out for her.

JONATHAN BAKER sworn.

I am a pawnbroker, I took this petticoat from the prisoner on the 20th of June about eight in the evening. Mrs. Berry brought the duplicate and took it out; the prisoner was in the shop about five minutes, I never saw her before nor afterwards, till I saw her at the Justice's.

PRISONER's DEFENCE.

I did not steal it, a person gave me the duplicate.

GUILTY. 4 s.

Imprisoned one month .

Tried by the second Middlesex Jury before Mr. RECORDER.

539. WILLIAM PARROT, otherwise PRICE , and EDWARD GLYNN , were indicted for feloniously breaking and entering the dwelling house of Samuel Brookes , in the day time, on the 12th of June last, Elizabeth Thomas and Elizabeth Newman being therein, and stealing two silver salts, value 10 s. one silver salt spoon, value 1 s. eleven tea spoons, value 11 s. one milk pot, value 5 s. two table spoons, value 20 s. one cotton gown, value 20 s. one silver pepper castor, value 5 s. and one silver milk pot, value 5 s. the property of the said Samuel Brookes .

ELIZABETH BROOKES sworn.

I live in Primrose-street, Bishopsgate-street ; our house was broke open on Friday, the 12th of June; I was out, Elizabeth Thomas and Elizabeth Newman were at home, when I came home, I met the prisoner Parrot coming out of the house with the things in his apron; I asked who he had been to, and he said he had been to a lodger; I went in directly, and saw the parlour door open and the plate was gone, I came out again and made an alarm, but the prisoner was gone; I didnot see the other prisoner there; I have never seen my things since.

Court. Did you lock your door, when you went out? - Yes, I locked the door of the back parlour, these things were lost from the front parlour; I put the key on a cupboard close by the back parlour door, there is a way from the back parlour to the front parlour; the key was not visible to any person.

Did you see him come out of the parlour? - No, out of the street door, he had a brown apron on. He was taken three hours afterwards, and taken to Justice Wilmot's office, the door was not broke, nor the lock; it was opened with my key; it was in the door when I came back, and the door open, I knew him again directly, his hand was bound up; I observed it when he came out of the house.

Mr. Garrow, Prisoner's Counsel. You was alarmed? - Yes, I trembled very much, I could hardly contain myself; I went to Justice Wilmot's, and saw Armstrong and Shakeshaft.

Did not they tell you they would not seek for the prisoners unless they had two guineas? - Yes, one of them did.

How was the man dressed, when he came out of your house? - In a greenish striped great coat very long; he had a brown jacket on when he was taken; the officers sent for me, and said they had got the persons I wanted, and I must come and swear to them.

When you went out you left Mrs. Thomas and Mrs. Newman; did you leave any body else? - I don't know.

How does your door open? - By a latch and a brass knob, the cupboard where I put the key, is a good way down the passage.

Are your other lodgers here? - No.

EDWARD PIKE sworn.

I am servant to Mr. Dobson in Bishopsgate street, I went to Mr. Brookes's on Friday, the 12th June, to ring the bell for my pots, I rung it and turned round and saw Parrott in the parlour, he was standing in the middle of the room, I did not see him do any thing; I went to next door, and he came out with two pint pots in his hand, and gave them to me, they were not mine, and I gave him them again. He stood at the door some time afterwards; I went away, and saw no more, till Mrs. Brookes came and told me the house was robbed; he was dressed in a striped green coat, and his hand bound up.

Mr. Garrow. Do you know Shakeshaft and Armstrong? - Yes, I never spoke to them, till I saw them yesterday, since I saw them at the justices; I know nothing of the reward, they said nothing to me about it till yesterday, and one of them told me I was to come as a witness, and stick to my text; that was before we went to the Grand Jury.

It would be hard for you not to have a share of the 80 l.? - I should not like to have any of it, in such a case.

MARTHA SAUNDERS sworn.

I sell milk; I was serving milk, and I saw the two prisoners walking up and down by the gentleman's house on the 12th, and I thought they were going to rob the house; I saw one of them look over the window blind, and I told Mrs. Brooks; and one of them said, I will not go in, d - n my eyes, I shall be took; the other said d - n your b - y eyes, why don't you go in; Wm. Price went in and staid ten minutes; I saw him go in, and he came out again; I saw him go in again, and he came out with something in his pocket; that was Price; he had a striped green coat on, and he went across the way to the other prisoner Glynn, and they both went away together; I know them well.

Mr. Garrow. You was within sight of them? - I was.

Was you at the Justice's? - No.

How came you not to go? - I did not know they were taken.

Do you know there is a reward? - No.

When did you see the prisoners last? -I have not seen either of them, till I saw them at the Justice's.

Court. At the time you saw them you was selling milk? - I was, my pails were at the door.

Mr. Garrow, to Mrs. Brook. Why did not you go before the Alderman, as you live in the City; and not go to Mr. Wilmot's? - I was advised by somebody, to go to Mr. Wilmot's; a butcher in Bishopsgate street.

ROBERT PEAL sworn.

I am a weaver, I was called down from my work, by the alarm of thieves; and the pot-boy and Price came out together, and Price went into the necessary; then I walked back, I stood at my door, and Price thought I was gone in; I saw him come out playing with his apron.

- SHAKESHAFT sworn.

Did you find any thing on the prisoners? - No, I took them in Spital-square; I took this watch from Glynn.

Mr. Garrow. That is not in the indictment.

Is Mrs. Brookes's house in the City? - Yes.

Why not take them into the City, before the Alderman? - Because there is an office nearer.

You know there is a reward? - I do.

Was you at the New Inn, in the Old Bailey? - I don't know that I was within the house.

Have you ever received any reward? - I have certainly.

Court to Mrs. Brooks. You was absent three hours? - I went out between two and three; and I returned between four and five.

- ARMSTRONG sworn.

I only was with Shakeshaft when the prisoners were taken.

Mr. Garrow. Do you know any thing of the little pot-boy? - Yes, I saw him yesterday at the New Inn; I did not talk to the boy at all; when we went before the grand jury, I said be sure to speak the truth.

Did you tell the boy to stick to the text? - I did not say so to the best of my knowledge.

ELIZABETH THOMAS sworn.

Was you in the house when the things were taken away? - I was.

ELIZABETH NEWMAN sworn.

Was you in the house, when the property was taken away? - I was.

PRISONER PRICE.

I leave it to my Counsel.

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

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

BOTH GUILTY, Death .

( Recommended to mercy by the Jury .)

Tried by the London Jury before Mr. RECORDER.

540. SAMUEL PULLEN was indicted for stealing a dressed beaver skin, value 10 s. the property of James Newby , and Co.

JAMES NEWBY sworn.

I am a broker ; Samuel Robinson , Wm. Gead , and William Rowe , are my partners; I was not at home at the time.

JOSIAH URIEL sworn.

I am servant to Messrs. Newby and Co. I was in the warehouse on the 12th of June, telling off some lamb skins; the prisoner was my fellow servant , he had occasion to go down stairs; he came up, and as we went to dinner, I observed, you are bigger about the waist than when you came into the warehouse; come, let me seewhat it is, you have something more than you should have; therefore out with it; and it proved to be a beaver skin; he said he wanted it to shew somebody as a pattern. (Produced by Newby.) I let him go, because my master was not within, he was taken within the hour, he had been in the warehouse at seasons for three years.

Mr. Peatt, Prisoner's Counsel. Is he a porter in the house? - Yes, I was telling off some lamb skins that were sold, it was concealed in his trowsers, it was not visible.

PRISONER.

I leave it to my Counsel.

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

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Justice WILSON.

541. JOHN M'CLOUD was indicted for stealing one otter skin, value 10 s. the property of James Newby and Co.

JAMES NEWBY sworn.

I am a broker , I am in partnership with Samuel Robinson , William Goad , and William Rowe ; I know nothing of the robbery.

WILLIAM REEVE sworn.

I was at the landing of these goods on the Quay, on Monday the 6th of July; I am clerk to Messrs. Newby and Co. I was alarmed that some person had stole an otter skin, I went to the croud and saw one of the witnesses have the prisoner in one hand, and the skin in the other. I heard the prisoner say somebody gave him the skin; I took the skin and delivered him to the constable there were one hundred and sixty-six skins, I told them again, and there was only one hundred and sixty-five.

EDWARD CAMMERON sworn.

I saw the prisoner take this skin up, from a parcel. I am a ticket porter, I work on the quays, I never saw him before, he ran up the gate-way with it, and I after him; I had much ado to get the skin from him.

Court. He took it from a heap? - Yes.

Prisoner. You are sure I took the skin? - I am.

Prisoner. Then God forgive you.

WILLIAM HOWE sworn.

I was on Porter's-quay , where these goods were landed; a constable being called, I went and took him, Mr. Reeve had the skin, I took him to the justice's, and he was fully committed.

PRISONER's DEFENCE.

A man offered me a shilling to carry it to Tower-hill.

GUILTY .

Whipped on the Quay .

Tried by the London Jury before Mr. Justice WILSON.

542. JANE MORRIS was indicted for stealing, on the 4th of March last, a cotton counterpane, value 5 s. a child's linnen frock, value 6 s. the property of William Creasy .

ELIZABETH CREASY sworn.

I am wife of William Creasy , I am a lodger, I lost the things in the indictment out of my room, on the 4th of March last about 9 in the morning; they were on the bed that morning; the prisoner lodged in the same house at the time I did.

THOMAS KNIGHTLY sworn.

I live with Mr. Knight, in East Smithfield, pawnbroker, I produce a cotton counterpane and a child's linen frock, which were pledged with me the 11th of March, I cannot tell by whom, nor the time of the day; I gave a duplicate.

BENJAMIN NASH sworn.

I apprehended the prisoner last Friday, I found this duplicate on her.

Knightly. This is our duplicate for the counterpane and the frock, I know the hand-writing; it is dated the 11th of March.

(The things deposed to.)

PRISONER.

I have nothing to say.

Jury to Pawnbroker. In whose name was the duplicate made out? - Mary Basset .

The Prisoner called one witness to her character.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

543. THE same prisoner was again indicted for stealing, on the 2d of July , a cotton gown, value 3 s. 6 d. the property of Sarah Stephens .

SARAH STEPHENS sworn.

I am a lodger in the same house with Mrs. Creasy, the Prisoner lodged there; I lost my cotton gown on Thurday morning last; I saw it in the morning, I saw it since in the hands of Mr. Knightly, the pawnbroker.

THOMAS KNIGHTLY sworn.

(Produces the gown.)

I received it from the prisoner, I never saw her before to my knowledge; she was in the shop about five minutes, she pledged it in the name of Mary Bassett.

(The gown deposed to.)

BENJAMIN NASH sworn.

I am a constable, I apprehended the prisoner, and found this duplicate on her.

Knightly. This is our duplicate.

PRISONER.

I leave myself to the mercy of the Court.

GUILTY .

Imprisoned one week .

Tried by the second Middlesex Jury before Mr. RECORDER.

544. WILLIAM LIDDIARD was indicted for stealing, on the 11th day of June last, a silver watch, value 20 s. a metal seal, value 1 d. the property of George Blaker .

The witnesses examined separate.

GEORGE BLAKER sworn.

I am a cheesemonger , I am a house keeper; I lost my silver watch, with a metal seal; I was not at home.

MARY BLAKER sworn.

I am wife of George Blaker , I lost this watch on the 11th of June; in the morning, between nine and ten; by the fire place, in the room adjoining to the shop, I saw it there half an hour before I missed it; the prisoner was a servant to a public house , and came for the pots, he had been that morning as usual; I saw him and gave him the pots, I did not see him in the room where it was, I never saw it in his possession, it was never found.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

545. GEORGE HARRIS (a negro) was indicted for stealing on the 31st of May last, one cloth coat, value 12 s. one waistcoat, value 5 s. the property of John Fitzgerald .

NOT GUILTY .

Tried by the second Middlesex Jury, before Mr. RECORDER.

546. JOHN WHITE and MARGARET CALLAHAN were indicted for feloniously stealing on the 3d day of June last, eight guineas and sixteen half guineas, and one crown piece, the monies of William Sheen , in the dwelling house of Michael Hartley .

WILLIAM SHEEN sworn.

I am a labourer to a bricklayer ; I lost that money, eight guineas, sixteen half guineas and a crown. I lost it next Sunday will be a fortnight, I lodge in Mr. Hartley's house, I have a room there; I left the money in the tick of the bed, which I thought was the safest place, I saw it there the day before I lost it; the two prisoners came to me on Monday night, to lodge with me, in my room; they came as man and wife; I did not know them before, they staid with me a week, and paid for their lodgings, I missed the money on the Sunday before they went; the money was not marked, and I found a hole in the tick, the prisoners had a key to the door.

HUGH SHEEN sworn.

Court. Did you ever take an oath? - Yes before the justice.

Do you (now what will become of you, if you don't tell the truth? - Go to hell Sir.

I am son of the Prosecutor, the woman spent a guinea, the day after she left us, she came after me, and asked me to have something to drink, and gave me two pence and a glass of shrub not to tell where she was; she said I was always a good boy, and not to say I saw her at all.

ELEANOR JONES sworn.

I am a soldier's widow; I was in the public house when the two prisoners were there, and I said to her, what makes you here? says she, I am a prisoner, says I, what have you done; why, says she, I was nursing a woman, and there were sixteen guineas and a crown, and I took it, and I will make use of it, and let the old b - h go and get more; I am sure she said sixteen guineas, but nothing about any half guineas, when she came out of the Justice's she took two guineas and a half, and four shillings out of the corner of her handkerchief, and gave it to the man; the man said nothing to me, nor I to him.

Do you know whether they are man and wife? - No, Sir.

THEOPHILUS BUTCHER sworn.

I am an officer belonging to Justice Walker, I know nothing of this business only apprehending the two people. I searched them and took them to the watch house, next morning they were examined; I found nothing upon them.

PRISONER CALLAHAN's DEFENCE.

This man took a bed, in this man's room for me, there were three beds in the room; when my week was up, I paid them on Saturday night; I work very hard and know nothing of the money.

PRISONER WHITE's DEFENCE.

I took a lodging there, I know nothing of the money.

JOHN WHITE , NOT GUILTY .

MARGARET CALLAHAN , GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury, before Mr. RECORDER.

547. ROBERT COBB was indicted for that he, on the 30th day of June last, at the parish of Hampton, one barn belonging to the Rev. Daniel Chandler , D. D. fraudulently and wickedly, feloniously and maliciously did set on fire , contrary to the statute.

(The case opened by Mr. Knapp.)

WILLIAM DENTON sworn.

I am a shoemaker at Hampton , on the 30th of June last, I was coming to Hampton town; in turning the corner about five yards before me the barn stood, I saw an amazing light appearance, when I came opposite the barn; I stood to see the light; the barn belonged to Dr. Daniel Chandler , I saw a person leap over the fence into the street where I was, which I am very much acquainted with; I was about eight yards distance, I took him to be Richard Cobb at that distance; I saw a light, but did not know the barn was on fire, there was a six foot paling that parted the sight, that I could not see so well, it was about half past ten at night, when he got over the pales, he ran about fifty yards, I stooped myself much, he was soon out of my sight, he ran a back way that goes into the church-yard, I called to the watchman; seeing a smoke in the barn, I judged it was on fire, the watchman and me went over the pales into Dr. Chandler's yard, I saw the fire very plain; at the front part of the barn, in the middle of the barn, away from the pales, there was a hole opposite, I handed three or four hats full of water.

Court. Did you ever observe whether there was such a hole as that, before you saw the fire? - I cannot tell, the hole was very low down.

Did you put out this fire? - Yes, we did, me and the watchman and the neighbours.

Was any part of the barn burnt? - Yes, the bottom of the barn was blacked very much, there was a bit of wood that was among the rubbish.

Was it a bit of wood that lay on the floor or a part of the floor? - The other witness knows more than I do, I do not take upon myself to say, from my own observation, whether any part of the barn was burnt; after we had extinguished the fire, we came out of the barn; I went and caught hold of the prisoner, and I said this is the coat, and this is the man, or else no man is him.

You say you saw him eight yards from you? - Yes, at that time I thought it was the prisoner and no other man, I have known the prisoner 13 years, when I saw him come over the fence, I thought he was the man, afterwards when I saw him, I supposed him to be the same man that got over the pales; I challenged him with it, and caught hold of him; we apprehended him about a quarter of an hour after; he got over the fence, he ran fifty yards, he then got out of my sight, in turning the back way into the church-yard, which is a thoroughfare, the church-yard was a little better than fifty yards off, I challenged him with the fire; I did not hear him say any thing, he was about Hampton all the night; I did not take him into custody that night.

Can you now, take upon yourself to swear that he was the man, that you saw leap over the fence? - He was to the best of my knowledge, not having hold of him, I am not so clear; I have known him thirteen years, but yet I cannot say whether it was him or not.

JOHN PENFOLD sworn.

I was present on the 30th of June, I got over the pales when Denton told me there was a fire; I did not see the fire till I got over, then he gave me some water, and we put it out.

Did you examine the barn afterwards to see whether it was burnt? - Yes, the fill of the barn was burnt, I saw the prisoner about a quarter of an hour after, he came up to the gate, which was next to the barn, there were a great many people round, I did not hear the prisoner say one word.

THOMAS BENN sworn.

I have been servant to the Rev. Dr. Chandler thirteen years, there is a stable joining to the barn, the barn is a distance from the Doctor's house; I have known the barn thirteen years I was there on the 30th of June in the course of the day, I had observed there had been a fire; I left the premises about seven in the evening, there was a hole in the front of the barn that any body might put their arm in, it is a very old barn. I dare say it is 200 years old; I secured the barn when I left it, and every place was locked up, and there is an old fence, and the outside gates were locked up, it was perfectly safe, we never carry a candle there, not for many years, our horses are always done by day light: I took Denton to the magistrate, and he ordered me to take the prisoner, we went before Justice Taylor, the prisoner owned being in the yard and jumping over the pales, he owned that he saw the fire in the barn and he jumped over the pales and run into the church yard.

Did the Magistrate take it in writing? - Yes.

No examination returned.

Court to Benn. Was you present when he was taken? - Yes.

Was any thing said by him, before he got to the magistrates? - Nothing was said by him, he was taken at the Bell, where he was drinking, nothing passed between me and the prisoner at that time, the prisoner was at the crown at Hampton, and there he lighted a pipe, he did not stay there five minutes, he said nothing about it, from the time he was taken up and carried before the Magistrate.

PRISONER's DEFENCE.

I am not guilty.

NOT GUILTY .

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

549. ELLIC REVERETT was indicted for stealing on the 12th of June , a silver table spoon, value 10 s. the property of Henrietta Hudson .

JOHN ADAMS sworn.

I am servant to Miss Hudson, she lost a large silver table spoon with H. H. upon it, she lives in Sloan-street, Chelsea , it was taken the 12th of June, the prisoner was at our house at nine in the morning, it was not missed till Blacketer brought it to our house, which was about four o'clock the same day; I had seen the prisoner two or three times before at our house, he came to see one of my fellow servants.

JOHN CROUCH sworn.

On the 12th of June, about twelve, the prisoner brought this spoon to pledge at our house in Berwick-street, he said it was his own, I asked him the mark, he said he could not tell, then he said it was his own brothers, who lived in Swallow-street, and he lived in the next street, I went with him, and he did live there; I sent for an officer then, and told him it was better to tell whose spoon it was, he would not at first.

No matter what he said? - After that I marked the spoon and gave it to the officer, this is the spoon I received from the prisoner.

JOHN BLACKETER sworn.

This is the spoon I received from the pawnbroker, I saw the prisoner have it, it was about one or two o'clock.

(The spoon deposed to.)

PRISONER's DEFENCE.

I went there in the morning; one of the servants gave me this spoon, he being short of money, to go and pawn it for him, I went to pawn it, and said it was a brother's of mine; I told him where he lived, and he went to where he lodged, and I told him the right place; I told him where I got the spoon; I never was guilty of any thing before, I have sent for nobody, nobody knows it; I have tried to live on the gaol allowance, there are people in court now, know that I have lived in very genteel families.

The prisoner called one witness to his character.

GUILTY .

Transported for seven years .

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

550. MARY FLANNIGHAN was indicted for stealing, on the 5th day of May last, a musical instrument, called a violin, value 3 l. two half crowns and a shilling , the property of Henrietta Morrison .

HENRIETTA MORRISON sworn.

I remember very well that a woman attacked me in the street; I believe it was the 7th or 8th of May, in Church-lane, Whitechapel ; I had a violin with me, that I was offered three guineas for, and I would not take less than five for; I deal in musical instruments , I told her she should have all it fetched above five guineas, I went with her, she led me from one place to another, and she led me to a place, where there was pales, and a pond of water, and when we were half way down, she clapped hands upon me, to take my property, and I screamed out, and said my life is of no consequence, for the property is not my own; she put her hand on my mouth, till it was all blood, she kept me and put her hand in my pocket, and took two half crowns and 7 1/2 d. and two duplicates; I had a new handkerchief wrapped round my waist, and she took that, when she was going away, she rumbled me down, my bonnet fell from off my head which I had borrowed, and she took it away; I thought she was always coming to kill me again, and lay there better than two hours, I kept myself there for fear of making any stir; I was so terrified that I should never see my children, it was dark, there was a great deal of noise about us, when I found it entirely quiet, I could not get out of the place, any way, she had shut me in, I got the door open, and went slowly to the street, and I saw a broad street, and I heard a cart coming, and asked the man where I was; and I said I was out of my senses, for I had lost my life and my property; says he, you have your life, you are in Whitechapel-road, and he directed me home, and when it was daylight I went to look for her; the next morning I came to the public-house near where she had spoke to a man the day before with a velvet cap on; we did not go into any public-house, she told the man she would be back presently; I saw the man drinking a pint of beer with another man, the man directed me to Petticoat-lane, but I did not find her; I found the prisoner, and there lay my duplicates and my things; the prisoner said, woman, you are mad, I never saw you; I took my duplicates, and asked her for my violin and an old handkerchief.

Was you sober? - I was sober enough; we had some beer and some drink, the prisoner is the woman, but she is a great deal thinner than she was that day; she was fierce enough that day.

Can you undertake to swear to her? - I will go to death, if death and judgment was before me, that that is the very woman; I may well know her.

I mean to ask you whether you are so sure of it, because you found your duplicates in the same house with her that day? - I observed her very well, and I knew her as soon as ever I see her.

CHARLES DALTON sworn.

I apprehended the prisoner; on the table lay a white handkerchief, one duplicate lay by it in brown paper, and the prisoner had another in her hand; she wanted very much to go to the necessary, I went and stood at the door, she came out directly, and down the necessary. I found the handkerchief, and brought it up with a pair of tongs; the prosecutrix said immediately, it is mine.

PRISONER's DEFENCE.

The prosecutrix came and took me up for picking up the duplicate.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. Justice WILSON.

551. THOMAS HARVEY was indicted for stealing, on the 8th of July , a linen shirt, value 4 s. a half handkerchief, value 2 s. the property of Thomas Stocking .

THOMAS STOCKING sworn.

I live with a single gentleman, I lodge at the White Horse; I lost those things the day before yesterday between three and four; I went up to clean myself, I missed them about six, I saw them in the morning between ten and eleven, I brought the things from the pawnbroker's; this man was in the room at the same time, and he said there was a thief about the house, he must be found out, for he had lost a pair of stockings, he was in my room when I went up; when I missed it I accused the prisoner with it, he said he had not been up stairs since.

MARY NEALE sworn.

The prisoner brought these things to me about half after three; he asked me to let him leave a shirt and waistcoat that he had brought from his washer-woman's, for if he took them home, he should have them stole, for there was a thief in the house, the landlord of the public-house sent to my house, to enquire whether Harvey had brought any thing.

(The shirt and handkerchief deposed to.)

JOHN LAIZE sworn.

I am the landlord of the house, I sent to Mrs. Neale; the prisoner was about the house during the morning of the 8th of July several times.

PRISONER.

They will swear my life away.

GUILTY .

Whipped .

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

552. WILLIAM FORD and JAMES THOMPSON were indicted for stealing, on the 7th day of July , a leather trunk, value 2 s. two hats, value 5 s. a pair of shoes, value 1 s. two books, value 3 s. a stone breast buckle, value 5 s. a pocket-book, value 5 s. a pair of shoe-buckles, value 5 s. the property of John Boxwell .

JOHN BOXWELL sworn.

On Tuesday morning last I lost out of my office in Great Armitage-street a leather trunk, two hats, a pair of shoes, a pair of buckles, a red Morocco pocketbook, two bound books of Mrs. Rowe's Works, and a stone breast-buckle; I saw the things the night before in the office, the door stands open; I was not come down stairs when the things were taken, the shoes were by the window, and the buckles on the table, and the other things in the trunk; the next morning Edward Ryan came to me with an account of having taken the prisoner.

EDWARD RYAN sworn.

On the 17th of last month, between ten and eleven at night, these two men came to my house, and asked for a lodging; I sometimes board and lodge seamen , they said they came from the ship called the South Carolina, and that they never were in London before; I said I had one spare bed,and they might lay that one night; they went up to bed, and left the trunk down stairs, and my wife went to lift the trunk, and perceived a receipt for one pound one, for the poor of Saint George's; I found a letter directed for the prosecutor; I examined closer and found children's stockings, and lace, and edging, and two bound books; I am a headborough, I was not easy, I went up stairs, and desired the prisoners to get out of bed; I called two watchmen, and took them to the watch-house; the next morning I went to the prosecutor's house according to the direction of the letter, and which were also on the shoes. (The things deposed to.) I asked him who directed him to my house; he said he could not tell me; I found the pocket-book on Ford, I suppose he hove it away, for I never saw it afterwards; Ford desired the other prisoner to go and fetch the trunk, but he was not very willing to go, and Ford went himself and brought it; in the watch-house after they were committed, I found a pair of plated shoe-buckles.

PRISONER FORD's DEFENCE.

The first day of my coming on shore in the morning, my money was almost gone; we met a girl who took us into a house; I had no money, I asked the girl in the house to pledge my watch, she went with me and pledged it for 5 s.; I sent this young fellow for my trunk, lest the captain should stop it; we went to board and lodge with this gentleman, I went to the public-house to get my trunk, and whether she brought out my own or no, I do not know; if I had stole a trunk, it is not to be supposed I should lay it about.

PRISONER THOMPSON's DEFENCE.

This gentleman sent me on board for his trunk, and the girl brought me a trunk, the girl brought out the wrong trunk; I never was in England before last Friday.

WILLIAM FORD , GUILTY .

Transported for seven years .

JAMES THOMPSON , NOT GUILTY .

Tried by the first Middlesex Jury before Mr. Justice WILSON.

553. THOMAS BECKET and ELIZABETH TIMMS were indicted for stealing, on the 10th of June , a pair of silver buckles, value 20 s. the property of Nathaniel Dowding , Esq .

THOMAS GORE sworn.

I am servant to Mr. Dowding, I was cleaning those buckles; my master's chamber is on the ground floor, and on the outside there is a box where we go to clean the buckles; I put the buckles into that box, and the moment my back was turned, the buckles were gone; the two prisoners live in the Temple, the woman prisoner was seen on the spot that morning; as soon as I lost the buckles, I challenged her, she cried, and said she was very sorry for my loss, but there was a Jew woman standing in the passage, and she must take them; on the Monday after the woman called upon me and said, you have given the buckles to some woman yourself.

(The buckles deposed to.)

ANN BUTLER sworn.

I know the prisoners, they live together; I asked the woman about the buckles; she said she had the buckles and sold them.

PRISONER TIMMS's DEFENCE.

I picked up the buckles.

The pawn-broker's man deposed, that the man and woman came together to sell the buckles; they both declared that they were their own, and that he gave them fiveshillings for them, and that they shared the money between them.

THOMAS BECKET , NOT GUILTY .

ELIZABETH TIMMS , GUILTY .

Imprisoned six months .

Tried by the first Middlesex Jury before Mr. RECORDER.

554. FRANCIS EVANS was indicted for feloniously making an assault on the King's highway, on Richard Price , on the 30th of June , and putting him in fear, and feloniously taking from his person, and against his will, a base metal watch, value 3 l. a chain, value 2 d. and a base metal watch-key, value 1 d. his property .

The case was opened by Mr. Silvester.

RICHARD PRICE sworn.

I was walking in Piccadilly on the 30th of June, between three and four o'clock in the afternoon; the procession of the British Assurance was passing along in the middle of the way; there were several persons coming in the footpaths, more than usual, but there was no particular great croud, but what I could keep on my way; on a sudden I found myself surrounded by several people which pressed me to the wall, and some of them lifted up my arms; I just put my hand down to my pocket with a view of preserving my watch, and with the other I endeavoured to extricate myself from the croud, which I did at last, but not till they effected their purpose of taking my watch; immediately the officers came up, and one of them secured the person, and took up the watch, which lay on the stones, close to his feet; my saying it was my property; we went together to a watch-house, the prisoner was secured immediately.

Do you know the person? - No.

Do you know whether you was so master of yourself to know whether the prisoner was one of them near you or no? - I could not.

How many were there about you? - Several; I suppose eight or ten, or a dozen, I suppose the major part of that description.

Court. I think you say you put down your one hand to preserve your watch; was the watch gone then? - I had it when I went into the croud, that I am very certain; but whether I had it then, in that hurry and confusion, I cannot tell.

Was your hat on your head? - That fell off in the scuffle.

Was it knocked off, or came off? - I cannot tell.

JACOB FREEMAN sworn.

I was one of the officers that was conducting the British Assurance Society, on the 30th of June last; I observed a number of bad people which I knew; and I observed to my brother officer, we shall have a robbery; then I went before, and gave them a caution to take care of their watches, for I observed a number of people whom I should particularly watch; I particularly observed the prisoner on the other side of Stratton-street; I observed the prisoner and about a dozen more; they stopt Mr. Price and jambed him up against the wall; the prisoner at the bar seized on the left hand, and a short man seized him on the right side; the short man knocked his hat off; the short man knowing me, and observing me to go round to meet him, made off; the prisoner at the bar was holding up Mr. Price with one arm about his waist, and in the other hand, when I got to him, he had the watch; I seized him by the collar, and he me, I pinned him against the wall; I saw him drop the watch close to my feet and his feet; I told my brother officers to pick it up; my brother officer picked up the watch; we took the prisoner before a magistrate, and he was committed.

EDWARD TREDWAY sworn.

I was conducting the Society with theformer officer, I saw what the other hath related, saw the watch drop and picked it up; when the watch dropt, the case flew, and one of the comrades picked it up; the watch was close to his feet where he was stopt.

Did you see him drop it? - I did not see him drop it; I heard it drop, and picked it up close at his feet.

(The watch deposed to by Mr. Price, having his cypher on one of the seals.)

BENJAMIN POWELL sworn.

I am a constable and beadle for the parish of St. Giles's; I saw the prosecutor hustled, and I am sure that the prisoner at the bar is the man who stood at his left side, I saw him hustle him.

Him alone? - Him, and several others; I came up to his assistance; when I came up, Freeman had him in custody.

PRISONER's DEFENCE.

I have been out of place four months, and I had been on that day up that way to enquire after a place at a livery-stables; the gentleman was not in the way, I was to call again; coming along home I met one of my fellow servant s, I walked along with him to the White Horse, Shepherd's-market, where we went in and had some beer; when I came out I staid to see this society come by; he was along side of me; with that, that gentleman came up and collared me, and said, you have robbed that man; I said I had not; he said, you lie you rascal, you have; he took and collared me, and shook me; I was taken to the watch-house, from which I was committed; the gentleman could not swear to me, only that gentleman; and of the robbery, I am as innocent as my hat.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. Justice WILSON.

554. JOSEPH CRAFT was indicted for stealing, on the 10th of June last, one linnen handkerchief, value 6 d. the property of William Woodcock .

WILLIAM WOODCOCK sworn.

I am a victualler , in Bishopsgate street, facing the Bull-inn; I had my pocket picked on the 10th of June, I was walking along the street, and felt something in my pocket, I turned round and caught the prisoner by the hand, he said he had no handkerchief, and shewed me one of his own; mine he had dropped, which was picked up by a woman.

THOMAS MILNER sworn.

I am a constable, I took the prisoner and handkerchief to the watch-house, and have had it ever since.

PRISONER's DEFENCE.

I know nothing of the handkerchief, nor never saw it.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

555. MARGARET WILLIAMS was indicted for stealing, on the 11th day of June , one pound and an half of bacon, value 1 s. the property of William Wetherby .

WILLIAM WETHERBY sworn.

I am a cheesemonger ; I lost a pound and a half of bacon on the 11th day of June, the prisoner came into my shop, and I saw her go out of the shop, and followed her, and took her with the bacon upon her.

Did you miss the bacon when you came back? - Yes, I did.

THOMAS BURGHALL sworn.

I saw the woman come into the shop, she came and asked for half a quartern of salt butter, which she paid for, and wentaway; I know nothing of her taking the bacon; she was brought back with the bacon; she said she bought it in the Borough.

SAMUEL PARTRIDGE sworn.

I produce the bacon, and have had it in my possession ever since; I am a constable.

(The bacon shewed to the Jury.)

PRISONER's DEFENCE.

The bacon I bought in the Borough, as I was going to St. Thomas's Hospital, but could not get admitted.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

556. ELIZABETH CUMMINGS was indicted for stealing, on the 7th of July , four guineas, the property of Richard Moore , in his dwelling-house .

RICHARD MOORE sworn.

I am a house-keeper, at the Bell in Noble-street ; the prisoner was chair-woman at my house when I lost the money out of a drawer in my bed-room, up two pair of stairs, I saw it about an hour and a half before, between eleven and one, on the Tuesday; the drawer was locked; there were fifteen guineas and four half guineas in the same drawer; I never marked them.

Did you see her examined? - I did not.

Did you find any money upon her? - The constable was at the door, I had missed money before, I had the key of the drawer in my pocket; I counted the money three times over; I cannot swear to the guineas by any mark.

MARTHA MOORE sworn.

I am wife to the last witness; the money was locked up in a drawer, and this box was in the drawer; on Tuesday morning at ten o'clock, me and my husband counted the money which was in this box, it was fifteen guineas, and four half guineas.

Did you challenge the prisoner with having the money? - I did, and the constable was sent for, and I insisted upon her being stript; on pulling off her cap and the cushion, the four guineas fell from her, and she set her foot upon it; the money was not marked, my husband had the key; the drawer appeared to have been pressed down, by which the lock was opened; there were a few halfpence found on her besides.

CHARLES SMITH sworn.

I am a constable, I took charge of the woman and the money; and have had it ever since.

REBECCA ALDRIDGE sworn.

I am servant to Mr. Moore, she came to me and asked me if I had made my mistress's bed; it was the same day the money was lost, I told her I had not made the bed; then says she, I'll come and help you: we shook the bed together; then she said, if I would go up and make my bed, she would finish this; I went and left her in the room; when I came down I saw her searched, and saw the money drop from her head, wrapped up in a piece of rag, I saw her put her foot upon it; she was in the room about ten minutes while I was up stairs; when I came down I locked the door, and gave the prisoner the key.

PRISONER's DEFENCE.

I went up stairs with the girl to make the bed, the girl had opened the door, she was behind me, so that I could not have time to take it up and put it in a rag and in my cap; a young man of my acquaintance, who came from Spain some days before, gave me three guineas; one was spent, and I had two, and Mr. Mason gave me three more.

RICHARD MASON sworn.

I have known her eight years; she used to go out to service, her husband had a badhand; I gave her two guineas last Saturday week; I never heard she was charged with stealing the four guineas till last Wednesday night; I never heard any thing but she was an honest upright woman.

BRIDGET MASON sworn.

I am wife to the last witness; my husband took two guineas out of my box and gave it to the prisoner, a week before she was charged with this offence, her husband and I had some words.

JOHN DAILEY sworn.

The prisoner and her husband lodged at my house; she always bore a good character.

ISABELLA INCE sworn.

I am a married woman, I live at the Old Parr's Head, Doctor's Commons, she used to chair for me; she was a very honest woman

Court to Mrs Moore. When was this girl charged? - Last Tuesday that ever was; the Tuesday in this week.

GUILTY, Death .

Jury. My Lord we wish to recommend her to mercy on account of her good character .

Tried by the London Jury before Mr. RECORDER.

557. JOHN CAMMAGE was indicted for stealing, on the 15th of June last, twenty-one hats in the hood; value 8 l. 8 s. one woman's green hat, value 10 s. the property of John Hughes .

JOHN HUGHES sworn.

I live in Boar's-head-yard, Petticoat-lane, Whitechapel, I lost twenty-two hats, on the 15th of June last; my porter informed me he lost them coming home.

WILLIAM HUDSON sworn.

I am a porter to John Hughes ; I was bringing sixty-seven hats from over Blackfriar's-bridge, and coming by the Sun Fire-office , somebody pushed them off my head; they belonged to different masters, I was bringing them to Mr. Hughes to be dyed, he is a dyer of hats; they fell down, some fell before me and some behind me; the small parcel containing twenty-one new hats, and one old one, was picked up by the prisoner, and he ran away with them.

Mr. Peatt, Prisoner's Counsel. You say it was by the Sun Fire-office? - It was; they were knocked off my head.

WILLIAM SWAN sworn.

These two hats were brought down to me by Mr. Cammage, for me to finish the next day; they were brought to me, and I sent them to Mr. Hughes's to be dyed, and these are two of the hats that were lost.

Court. What is the prisoner? - A porter to a broker; when Mr. Hughes came to me we went in search of him, and we took him to the magistrate.

Mr. Peatt. You have done work for the prisoner? - I have cleaned a hat for him, that is all I have done.

Court to Hudson. Do you remember when the hats were brought to Swan? - On the Friday following.

CHARLES GASKILL sworn.

I am a hatter, I sent twenty-one hats by the porter to Mr. Hughes.

(Two hats produced and deposed to by a mark of his own hand.)

Mr. Peatt to the Porter. What hour did you lose the hats? - Between nine and ten o'clock.

The prisoner desired to look at the hats, and observed that a mark had been made since on purpose to swear against him.)

MARY KINGSLAND sworn.

About a fortnight ago, on Monday the 22d of June, the prisoner was at his father's;I was there drinking tea in Charlotte-court, Whitechapel, and I saw the prisoner there; he staid till ten o'clock.

ANN PALMER sworn.

I know the prisoner, I saw him at his father's, he came in on Monday the 22d of June, between six and seven o'clock, and staid till ten o'clock, and then went to bed.

THOMAS PAYNE sworn.

I have known the prisoner some years; I never knew his character impeached.

WILLIAM PAYNE sworn.

I am a broker, he was servant to me four or five years, he always behaved very honest, and was he discharged I would take him into my employ directly.

- MATTHEWS sworn.

I have known him from a child, he always bore a very honest character.

NOT GUILTY .

Tried by the London Jury before Mr. Justice WILSON.

558. MARGARET TOOLE was indicted for stealing, on the 4th of July , a silver spoon, value 10 s. the property of Thomas Hudson .

THOMAS HUDSON sworn.

A pawnbroker brought me a silver-spoon with my mark upon it, I do not know that I have lost one; I keep Hudson's Coffee-house, Covent-Garden .

JOHN MORGAN sworn.

On Saturday last the prisoner brought this spoon to me to pledge; I never saw her before, it was in Blackfriars, she would not give any account; we took it to Mr. Hudson's on the Saturday afternoon.

(The spoon deposed to.)

Prosecutor. I believe it to be my spoon I cannot swear to it.

Mr. Peatt. You have a great many spoons? - I have.

There is wrote upon it, Grand Hotel? - The Hotel is above; here is a griffin; I suppose I bought it second hand; the Prisoner was in my service at the time.

NOT GUILTY .

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

559. JOHN HOLLOCK was indicted for stealing, on the 8th of July , 28 yards of printed callico, value 38 s. the property of Zachary Langton .

ROWLAND GRIFFITHS sworn.

I am clerk to Mr. Zachary Langton of Bread-street ; I lost 28 yards of printed callico; the prisoner came to our warehouse at seven o'clock on Thursday night last; I never saw him before.

ROBERT CLARKE sworn.

I am a porter to Mr. Langton; I was coming home about seven in the evening, and I found the prisoner in the warehouse, with a piece of print under his arm going out, the glass door was open into the warehouse, and the prints lay in the window of the warehouse; the prisoner was making his way towards the door of the warehouse, which leads to the house door, which goes into the street; I asked him his business, and he flung down the piece of print from him, and began to enquire for some person which I did not know; nothing else passed between us, he was taken into custody; the constable has had the piece ever since.

- ALEXANDER sworn.

I am a constable; I produce the goods which were given to me, by the first witness Griffiths.

(Deposed to by Griffiths.)

PRISONER's DEFENCE.

I came in to enquire for a person.

The Prisoner called two witnsses to his character.

GUILTY .

Imprisoned one month and privately whipped .

Tried by the London Jury before Mr. RECORDER.

560. ABRAHAM BUTLIN was indicted for stealing, on the 17th of June , a cloth great coat, value 3 s. the property of William Hadley .

There was no evidence to affect the Prisoner.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

561. JACOB BRADLEY was indicted for stealing, on the 22d of June , one iron hand saw, value 3 s. 6 d. the property of John Stanford .

JOHN STANFORD sworn.

I lost the saw out of the deal house belonging to my master at Shadwell dock on Saturday morning the 27th of June, I missed it in the morning when I went to set the men to work; I saw it at the Justice's, my name is on it.

JOHN CHEESEMAN sworn.

I am a watchman; about half past two o'clock, I saw the prisoner in the yard, I asked what he did there, I searched the yard; but did not find him directly; I went and called the hour, and met him with the things; the two saws tied round him, that he could not walk.

(The saw produced and deposed to by Stanford.)

PRISONER's DEFENCE.

I was going along and saw the tools laying down on a wall, and I took the saw and other things up and carried them on board the ship I was at work in.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

562. WILLIAM PLOWMAN was indicted for stealing, on the 11th of June last, five pair of hinges, value 3 s. 6 d. the property of John Roberts .

The prosecutor and witnesses called upon their recognizance, and not appearing, the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

563. THOMAS ROBERTSON was indicted for stealing, on the 4th of June last, one metal watch, value 38 s. one chain, value 2 d. and one seal, value 1 s. the property of Evan Williams .

EVAN WILLIAMS sworn.

I am a house keeper, I lost my watch from a table in the room, the prisoner was a servant of Dr. Trusler's, he dined with me that day, and the day before, it was the 4th of June, on a Thursday, I went down stairs and left him in the room, I met him on the stairs, I asked him where he was going, and he said to the necessary; he went without his stick, which I have here, I was rather surprized, I looked for my watch and it was gone; and I looked for him and he was gone, he never returned;I have seen my watch since, in the pawnbroker's hands, who is here.

Prisoner. Was not the prosecutor tried eight months ago at Hicks's-hall, and convicted for a conspiracy and perjury? - No never in my life.

Was you ever tried for perjury? - Never in my life.

Was you tried and convicted of conspiracy? - Yes Sir, Mr. Crosley is present, with respect to the matter of Sambridge; I can shew you the thing, it was for bailing a poor woman out of prison; I was indicted for perjury by Mr. Crosley, for bailing a woman out of Newgate; I was convicted, and the circumstance, is well known to the world; it has been in all the public papers, and not only so but Mr. Burgess has taken it before the House of Commons.

Court. Your evidence cannot be received.

THOMAS SIMPSON sworn.

I took in this watch from the prisoner on the 4th of June; I do not know it to be the prosecutor's watch; I supposed it to be the prisoner's.

NOT GUILTY .

Tried by the first Middlesex Jury, before Mr. RECORDER.

564. JOHN TIMMINGS was indicted for stealing, on the 13th of June last, one pewter quart pot, value 16 d. and a pint pot, value 8 d. the property of Benjamin Westbroke .

BENJAMIN WESTBROOKE sworn.

I lost a quart pot, and a pint pot; I did not see the prisoner take it.

- WILLIAMSON sworn.

I am a soldier, I took the pint and quart pot from the prisoner, in the vault; I went into the house to have a pint of beer, the pint pot was in his breeches pocket, and the other he took out of his jacket, to throw into the necessary, I asked him how he came by them, says I, you had better deliver them, than take them away; says he d - n you, do you think I came to drop them here; I said I do not know.

(The pots deposed to.)

Prosecutor. I missed a pint and quart pot from my number.

PRISONER's DEFENCE.

I called for a pint of beer; I took this pint pot, half full of beer into the necessary I could not put an egg shell into my breeches, for here are three parts of my guts out.

Court to Williamson. Were his breeches buttoned or unbuttoned? - It was in his breeches, on his thigh, and the quart pot he took out; he had no beer in the pot.

GUILTY .

Imprisoned six months , twice whipped , and discharged.

Tried by the first Middlesex Jury before Mr. RECORDER.

565. MICHAEL CONNOLLY was indicted for stealing, on the 8th of May last, four pewter pepper castors, value 2 s. eleven Queens metal tea spoons, value 11 d. the property of John Alderson .

JOHN ALDERSON sworn.

I am a housekeeper; I lost the things in the indictment, from my shop; I am a pewterer ; I did not see the prisoner take them, we have a great many dozens, I did not miss them, till I saw them for sale at a shop on Monday morning the 8th of May, about two or three streets off.

JAMES KING sworn.

I am a pewterer, I live servant with Mr. Alderson; when my master challenged the prisoner with stealing these things, he acknowledged it, and took him to the shop.

What did your master tell him? - He asked him whether he had stole the goods from him, and he acknowledged he had; I do not remember any promises; he said he would shew him where they were, and I went with him, and he took him to the shop, and he shewed him four pepper castors and eleven tea-spoons; my master has the care of them.

(Deposed to.)

Court to Mr. Alderson. Did this boy confess to you? - Yes; I have several workmen, I called him up, I suspected him; I said Michael, I am afraid you have taken some pepper-castors; he said, I have Sir; I said, what did you do with them? says he I have sold them in a court, I will shew you where; he was my weekly porter , he was a was a very good servant till this misfortune.

PRISONER.

I own to my fault, I told my master.

GUILTY .

Privately whipped , and discharged.

Tried by the first Middlesex Jury before Mr. RECORDER.

566. SARAH HILL was indicted for stealing, on the 23d of June last, a silver watch, value 20 s. two cornelian stone seals set in base metal, value 2 s. a key, value 1 d. the property of Merrick Williams .

MERRICK WILLIAMS sworn.

I lost my watch the 23d of June last, about six at night, at No. 22, in a house, a one pair of stairs back-room in the prisoner's apartment; I was going up Stewart's-rents, Drury-lane , and the prisoner was standing at the door, and asked me to come in; I went in and went up stairs with her, and she took my watch away; it had a ribbon chain and two seals; I did not know she took it; when I missed it, I asked for my watch, and a man hearing it came and knocked me down stairs; there was only her and me in the room, when I was with her; she denied the watch, I never found it since; then I went home, and the next day I took out a warrant, and went to the place where she lodged; she was not to be found from the Wednesday to the Monday following; she was taken by Jack Atkins , I was present; I was not very sober when I went with her, or I would not have gone, and I was not very drunk, but I was a good deal in liquor.

What are you? - I am a coal-merchant , I deal in every thing, I sell more coals than any thing else.

Where had you had the liquor? - I had it at different houses, I cannot tell where, but I had too much.

You had it at different houses, had not you? - Undoubtedly, but I cannot tell how many houses I had been at.

Had you been with any other woman before? - Upon my oath I had not; I had my watch when I went into the room, because I looked at it just before I saw her in the court.

Had you let down your breeches? - Yes, she unbuttoned my breeches.

Did you give her any thing? - No, nothing at all.

Did she ask you for any thing? - Why she would have it that I was not well, I did not give her a farthing.

PRISONER's DEFENCE.

On the 23d of June I was sitting at the door, No. 21, it rained very hard; I have two witnesses here that he charged with robbing him, and paid them half a guinea at Sir Sampson Wright 's.

SARAH LEE sworn.

The prisoner lives next door to me, but the prosecutor I know extremely well, he came to me last Wednesday morning where I live, he asked me for his watch; I asked him what watch? says he, the watch you took from me last night; says he, if you do not give me, I will take you up; hewent out of the place and brought a constable, and went up stairs; I was in the back-parlour; I was twice up at Bow-street on the Monday after, and on the Wednesday following I was had up again.

ANN EDWARDS sworn.

I was in my landlady's lower room talking to her on Monday night, and this gentleman came in, and was very much in liquor; he sat down, and my landlady said, do you know any thing of this man? I said no; I thought he was gone out at the door; I went into my room; he followed me, he sat himself down in a chair, he offered me a shilling; I told him no, I did not want him nor his shilling neither; I said you are very much in liquor, you had more need go home; he said stop a bit, and he put his had into his pocket and said, you have got my watch; this was last Monday was a fortnight; he said I had his watch, and he would have it; he immediately tore my cap off my head, and my handkerchief; here is where it was darned; he brought a constable, and told the constable to take me; he would not let the constable search me at first, afterwards he did, and found nothing about me; I went to get a warrant for him, the Justice's was not open, and he gave me half a guinea to make it up at the Justice's, and told me not to say any more about it; I live in Cockpit-square, No. 4, facing the Two Blue Posts.

Lee. It is two courts further.

What is your landlady's name? - Mrs. Fullington.

ELEANOR OWEN sworn.

I was the first woman that saw him come into the court, he was very much in liquor, and had a black eye; the prisoner was sitting at my door, the prosecutor picked up a young girl, and asked his way to Covent-Garden, and to drink he sent for half a pint of liquor, and changed half a guinea; when the landlord came he had no half guinea; he was there to the best of my knowledge half an hour, and better, in the back-parlour; then under the archway he picked up a girl, and was gone with her about twenty minutes; he came back, and the button of his breeches was off, and he asked me for a pin to pin it, and he was very much in liquor.

Prisoner. I wish to ask the gentleman whether the watch was his own property? - No, it was not, I put my own watch in room of it in pawn.

Was you in Ann Edwards 's room on the Monday? - No, I was not till Tuesday; I was at the door, not in the room.

How came you to give her half a guinea to make it up? - I did it for quietness, not to be served with a warrant; I never touched that woman in all the days of my life, never if I was to die this blessed minute; I cannot speak no fairer word, but I gave her this half guinea for quietness, not to be served with a warrant: I will take my oath before all the Justices in England that I never touched her, only spoke to her at the door; I never said any thing to her about my watch.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. Justice WILSON.

567. ELIZABETH WHEELER was indicted for stealing, on the 10th day of June last, one half crown, the money of Elias Holroyd .

The prosecutor called on his recognizance, and not appearing, the prisoner was ACQUITTED .

568. BRIDGET FIELDING was indicted for stealing, on the 25th of June last, a silk cloak, value 4 s. the property of Sarah Gavord .

The witnesses examined separate.

SARAH GAVORD sworn.

On the 25th of June I was at Mr. Field'sin Angel-street , and lost my silk cloak, it was taken out of the house about nine at night, nobody was there but the prisoner and another woman, I never found my cloak again; the cloak was seen on her back, but I could not take my oath of it.

BRIDGET FIELD sworn.

I saw the prisoner with the prosecutrix's cloak on her back going out of the passage, I knew it to be the prosecutrix's; I saw the prisoner come to our house without a clook, and in ten minutes I saw her go out with a cloak on her back, a black cloak, but I did not recollect it till I missed it.

PRISONER's DEFENCE.

Her mother lent me a brown coat, she was at a distance from me, and she said at the Justice's she did not see me.

Prosecutrix. I did not, I must beg her pardon; the person she says gave her the cloak is present.

Bridget Field . I went to look for the prisoner; I did not say the cloak was lent.

ANN ALLEN sworn.

Yes, she did, and my child is witness of it.

Field. I did not.

Prosecutrix. I never lent her the cloak.

NOT GUILTY .

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

569. WILLIAM LANCASTER was indicted for stealing, on the 4th of July last, eighty-four pounds weight of lead, value 10 s. belonging to Joseph Dunkin , and affixed to his dwelling-house .

JAMES BROMLEY sworn.

I know Mr. Dunkin's house, it is in Stacey-street, St. Giles's ; there was some lead taken from there, I understand, last Saturday afternoon; I know nothing further of it than I was acquainted with it, and went and saw the lead was taken off; it is here.

JOSEPH DUNKIN sworn.

The lead was cut across the middle, as it was hanging; it was taken from the Cockloft, the top of the house at the trap-door; I saw it in that situation about six, my girl called for me, and I came into the house; I saw nobody there, the persons were gone, the lead was entirely loose from the house, no part of it remained fixed to the house; I went into the next house, the garret-door was fast; I saw no other place otherwise to get into the top of my house, without coming from there; nobody would open the door; we sent for an officer from Litchfield-street, and broke open the door of the next house to me; we found the prisoner in bed, pretending to be asleep; but I cannot say whether he was or not; all his bed was on the floor, and he was laying at top of it; there were some straw and some rags; nobody else was in the house but himself; the prisoner can come out of the back-garret where he lodges, and go the whole length of the street; I never saw the prisoner before to my knowledge; he said he knew nothing at all about it.

JANE DUNCAN sworn.

I was cleaning the yard, and the lime came from the top of the house, I thought it was my brother; I called up, I saw a strange person at the top of the house; I called up and the man looked down.

Did you see the man to know him again? - Yes.

Who was the man that looked down? - He lived the next door, I know him, there he stands; I am sure that was the man, I have seen him before, he used to be porter to the man at the next door; then I called my father, and he went away; I saw him go towards his own window, the next house to us.

GEORGE ALLEN sworn.

Me and Dallton went to take the prisoner; he was in the back garret of the next house to this prosecutor's, he was laying on the bed, and his window was open, he lives in a back garret; I found him in the room; the window opened into a gutter, where they fling water, there was a foot-mark in the way leading from the window to the place where the lead was about three or four yards from the window.

THOMAS DALTON sworn.

Deposed to the same effect, and found a chissel, and a pair of pincers in the room, which seemed to have been just made use of, and laid on the table by the window, the chissel seemed to have been bent, and one end seemed hammered.

Prisoner. I know nothing about it.

The Prisoner called one witness to his character.

GUILTY .

Whipped .

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

570. JOHN WATKINS was indicted for stealing, on the 4th of July , two sheets, value 4 s. a basket, value 6 d. a pair of silk stockings, value 3 s. a pair of thread stockings, value 6 d. and four pair of cotton ditto, value 4 s. the property of Richard Richards .

The prosecutor and witnesses were called on their recognizances, and not appearing the prisoner was ACQUITTED .

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

571. DOROTHY WILKIE was indicted for stealing, on the 6th of July -thirty-nine ivory pallet-knives, value 20 s. the property of John Lewis .

JOHN LEWIS sworn.

I live in St. Paul's Church-yard ; I am a comb-maker , I lost some knives, I cannot positively say when, but I have strong reasons to believe they were lost on the 6th of July; I did not miss them, they were brought back to me, within five minutes after they were taken; a brown paper parcel was brought to me, containing a parcel of ivory pallet-knives, I knew them to be mine, the quantity being marked on the outside, in my writing; Robert Lane my apprentice brought them back, nobody was brought with them.

ROBERT LANE sworn.

I am apprentice to Mr. Lewis, the prisoner was in our shop; I suspected her, she said nothing, she did not stop five minutes, another woman was in five minutes before; I went after her, and saw her take this paper, and put it into her pocket; she said she had no paper; but if she bad it was not mine; I took it from her, and brought it to my master; she was taken in three minutes; I did not know her before, but I am sure it was the same woman; I observed her face, and that her right arm was shorter.

Prisoner. I know nothing of it, if you will believe me; I had a drop of liquor.

(The parcel produced by the Constable, and deposed to.)

GUILTY .

Imprisoned six months .

Tried by the London Jury before Mr. Justice WILSON.

172. FRANCIS HILL was indicted for stealing, on the 8th day of March last, two sheets, value 10 s. the property of Robert Walker , in a lodging room .

ROBERT WALKER sworn.

The prisoner took a furnished room of me; I lighted him to bed, the next morning he went out and took the key, and I never saw him till now, the sheets were missing, and never found since.

Martha Rice confirmed the above evidence.

Prisoner. I know nothing of it, I came from Abington.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Justice BULLER.

173. ROBERT HOBBS was indicted, for obtaining three kits of pickled salmon by false pretences .

GUILTY .

Imprisoned one month .

Tried by the London Jury before Mr. RECORDER.

William Lovely whose sentence of transportation was respited last session, on account of illness, was put to the bar, and in consideration of his ill health and confinement the Court was pleased to change his sentence to one month's imprisonment .

The Sessions being ended, the Court proceeded to pass Judgment as follows:

Received sentence of death, 7.

William Simmonds , Francis Evans , James Green , William Purcell alias Price, Edward Glynn , Elizabeth Cummings , and William Sutton .

To be transported for seven years, 17.

Elizabeth Ann Wade , John Cope , Thomas Phillips , John Glade , John Mackay , Mary Gregory , Sarah Phillips , Robert Horne , - LeRoche , Joseph Lucre , Elizabeth Smith , John Pullen , Margaret Callaghan , Ellic Reverett , Mary Flannaghan , William Ford , and Francis Hill .

To be imprisoned for six months, 6.

Robert Davis , Sarah Scales , Mary Williams , Nathaniel Taylor , Dorothy Wilkie , and John Trimmings .

To be imprisoned three months, 1.

Elizabeth Timms .

To be imprisoned one month, 3.

Mary Chapple , John Cammage , and Robert Hobbs .

To be imprisoned one week, 1.

Jane Morris .

To be whipped 8.

Matthew Delany , William Smith , John M'Cloud , William Brown , Thomas Harvey , William Lancaster , Robert Hobbs , and John Trimmings .

William Lovely whose sentence of transportation was respited last session, on account of illness, was put to the bar, and in consideration of his ill health and confinement the Court was pleased to change his sentence to one month's imprisonment .