Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 01 September 2014), January 1791 (17910112).

Old Bailey Proceedings, 12th January 1791.

THE 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 Country of Middlesex, HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday, the 12th of JANUARY, 1791, and the following Days;

Being the SECOND SESSION in the Mayoralty of The Right Honourable John Boydell , LORD MAYOR OF THE CITY OF LONDON.

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

NUMBER II. PART I.

LONDON:

Printed for E. HODGSON (the Proprietor); And Sold by him, at his House, No. 14, White Lion Street, Islington; Sold also by J. WALMSLAY, No. 35, Chancery Lane; S. BLADON, No. 13, Pater-noster Row; and J. MARSOM, High Holborn.

MDCCXC.

N. B. The Sessions Papers will be comprised in Two Parts only for the future, by Order of the Common Council.

[PRICE ONE SHILLING AND FOUR PENCE.]

THE 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 JOHN BOYDELL , LORD MAYOR of the City of London; the Honourable Sir RICHARD PERRYN , and the Honourable Sir ALEXANDER THOMPSON, two of the Barons of his Majesty's Court of Exchequer; Sir JOHN WILLIAM ROSE , Serjeant at Law, 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 Country of Middlesex.

London Jury.

John Symonds

George Brilliard

James Parker

Joseph Furnival

Joseph Thompson

John Gabb

John Choppen

Zachariah Hardman

William Thompson

William Colton

John Asprey

Jonas Woodward

First Middlesex Jury.

Lewis Peacock

John Burgess

John Pennington

Daniel Garraway

James Hamerton

Rowland Mimms

Charles Thomas

William Keal

James Richardson

Joshua Dunn

William Barber

Joseph Willis

Second Middlesex Jury.

William Bayley

James Scarlett

James White

William Smith

Joseph Wigg

John Page

Hugh Russell

Samuel Wilson

John Scott

Shirley Foster

John Moss

Edward Bradney

55. CHARLES ALLDIN , GEORGE COOKE , and DANIEL BUCKERIDGE were indicted for feloniously assaulting, on the king's highway, Rebecca Gale , on the 1st of January , and putting her in fear and danger of her life, and feloniously taking from her person, and against her will, a piece of silver coin of this realm,called a half crown, another piece, called a shilling, two six-pences, and twelve halfpence , the monies of the said Rebecca Gale .

REBECCA GALE sworn.

I live in Cable-street, No. 44: I buy and sell old stockings . On the 1st day of this new year, I was in Rosemary-lane , selling my property, which were old stockings mended: a man came and asked me the price of a pair of stockings; and he called me on one side; and he would not deal for the stockings; and the prisoner Charles Alldin came between the man and me while we were trying to deal, and put his hand into my front pocket, and took out one half crown piece, one shilling, two six-pences, and sixpennyworth of halfpence; my pocket was tied on the front of my apron; I seized the prisoner Alldin's hand in my pocket, as he was drawing it out of my pocket, and asked him to give me my money, for I knew him very well; I had seen him a great many times before; I called out immediately that I was robbed; I held him fast by the coat some minutes, while he had the money in his hand, and was trying to get from me; I saw part of the money in his hand, though his hand was clasped; he could not cover the whole of it; the other two prisoners, and several others whom I did not know, came to assist; and the other two prisoners both said, if I did not let him go, they would break my b - y arm; and they tore the prisoner from me by main force, and he made his escape; it was between three and four in the afternoon; the man that was dealing with me, brought back the little boy, Alldin; the man is not here; Alldin asked me to search him, and said, he had no money; he was not searched, but taken before a magistrate; in taking him along, the other two prisoners, and many more followed me, and said to him, what did the b - y old bitch say you had robbed her of? and somebody gave me a blow; I had received one before, but cannot tell by whom; the prisoner Alldin said, if I did not let him go, he would cut my arm off; and they took him from me by main force, and all escaped. I got an officer, one Cooke; and he went with me and two others on Saltpetre-bank, and met Daniel Buckeridge ; it was between nine and ten in the evening; it was dark; I told the officer he was one of them; I knew him again, and they took him directly; then we went into a public house close by, and took Cooke standing by the fire-side; I knew him perfectly well; those two men were taken to the magistrate's; then we went to another public house on Saltpetre-bank, full of little boys, and took the prisoner Alldin; he was under the table; they pulled him out; I said, you little rogue, why did you rob me? he said he did no such thing, for I had taken him from a woman's stall, where he was buying a halfpennyworth of sausages, and a farthing's worth of potatoes; and he said that I beat him; and I believe I did strike him once or twice; then he was taken before a magistrate; I am perfectly sure to the three prisoners; Alldin for robbing me, and the other two for affronting me; I have seen them several times before.

Court. Are you sure that the prisoner Alldin had not got his hand out of your pocket, before the other prisoners came up to him; I am; he had not before the other prisoners came up and rescued him.

Had they made use of the expression of threats to you, before he drew his hand out of your pocket? - Yes.

You undertake to swear that? - Yes.

Repeat the expressions? - The two prisoners, Cooke and Buckeridge, said, while his hand was in my pocket, that if I did not let him go, they would break my b - y arm.

And it was after that you saw the money in his hand? - Yes; immediately on their speaking, he took out his hand; and then I had a blow from somebody; and I saw the money in his hand; they left me only one farthing; I carried out the money to buy work, but had laid none out; I did not receive it in the fair; it was not in a purse; I have known Alldin, by sight, ever since Easter Monday, and Cooke almost all thesummer: (the witnesses examined separate, at the desire of the prisoners): I did not know any of their names; but I gave a description of their persons and dress at the office; Buckeridge and Alldin had changed coats when they were taken; Cooke was dressed the same as before.

Prisoner Cooke. Who found the money to carry on this prosecution? - I said I was in distress, and the justice sent the men to take them; I have had no money from any body.

JOHN COOKE sworn.

I am headborough of St. George's. On the 1st of this month, in the evening, about seven or eight, the prosecutrix informed me of the robbery; she said she knew all the persons very well, and one was a small lad, the other two bigger; I appointed her to come at nine, and go in search of them with us, which she did; and on Saltpetre-bank, we met Buckeridge; she knew him as soon as she saw him; it was very dark; she saw him close to the public house door; he immediately denied having ever seen her; we secured him, and apprehended Cooke at the door of the same public house; he was coming up the bank; they were not together; the prosecutrix knew him immediately; we took him into the public house to her; we found the prisoner Alldin at another public house on the bank, in half an hour after; me and another went into the house, and saw Alldin and some others; he was sitting on the floor by the fire; I brought in the prosecutrix, and Alldin immediately crept under the table; I do not know whether he knew me or not; I did not know him; we took him from under the table; and as soon as she saw his face, she said, that is the little dog that robbed me.

Prisoner. By whose expence is this prosecution carried on? - The woman's.

JOHN RILEY sworn.

(Deposed to the same effect as the last witness.)

Prisoner Buckridge. Ask him how long it is since he was taken up for robbing Woolwich church? - I was tried and acquitted in a court of justice.

How long is it since you was taken into custody for robbing a ship of dollars? - I was once before Sir Sampson Wright, on suspicion of robbing a ship; I was acquitted before him.

Court. How long have you belonged to this public office? - About a year and a half.

MICHAEL GAFFNEY sworn.

I am a labouring man, in East Smithfield. I went with Cooke and one Peter Mayne -

Prisoner. Please to ask him whether he has not been convicted of felony, and been on board the hulks at Woolwich? - No, Sir.

Was you never on board the hulks? - No, Sir, I never was.

Townsend. I beg your pardon, my lord. Hearing this, I think it my duty to say I was present, when servant to Mr. Akerman, and I put that man to the bar; he was tried, and sentenced to be transported for seven years; I think, if I am correct, he was tried in 1783, and Owen and me were present at his trial and conviction.

Gaffney. I do not deny that; I deny I was on board the hulks; I was on board the ship from this court.

At first I think you said you never was in that situation? - I said I never was on board the hulks, but on board the ship; I forget the name.

Owen. Why you know I delivered you myself? - Yes, you did. I went with the others, and took Cooke at the door of the public house.

Court. Do you belong to the public office? - No; I go on errands, and porter. Mayne asked me to go with him, as it was such a noted place.

JOHN BERNELL sworn.

I am an officer belonging to Justice Staples.I apprehended Cooke and Alldin; the boy was sitting by the fire; and when he saw me come in, he crept under the table; then the other officer fetched in the woman, and I pulled him out from under the table.

PRISONER ALLDIN's DEFENCE.

The woman said I picked her pocket of three and three-pence; about two hours before, I was eating sausages; I am innocent.

PRISONER COOKE's DEFENCE.

I was coming home last Saturday week, from my ship, at Chatham; I was paid off; I got into London about seven; and this woman saw me coming down Rosemary-lane; and Birnell and Cooke took hold of me, and asked me if I knew any thing of a little boy with curly hair, that stole some money? I said, I did not; and they said they would keep me till I did tell.

PRISONER BUCKERIDGE's DEFENCE.

I am innocent of this affair; I wish you would examine strictly into the witnesses; I never saw the woman before with my eyes.

CHARLES ALLDIN (aged 13) GEORGE COOKE (aged 17) DAN. BUCKERIDGE (aged 16)

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. Baron THOMPSON .

56. THOMAS POINTER was indicted for feloniously assaulting George Aylin , on the king's highway, on the 1st of January , and putting him in fear, and feloniously taking from his person, and against his will, one watch, inside and outside case made of silver, value 50 s. a copper watch-chain, value 2 d. a brass key, value 1 d. and two copper seals, value 3 d. his property.

(The witnesses examined separate.)

GEORGE AYLIN sworn.

I live in Bishopsgate-street, a journeyman painter to Mr. Patterson. On the 1st of January, I lost my watch; I was going from Whitechapel to Shadwell ; I was alone; it was between twelve and one in the day; when I came to the cross path leading to Spice Island; when I came there, I saw a parcel of men standing together; I had a mind to see what they were doing; and I saw the prisoner playing at cups and balls; I never saw him before, to my knowledge; he was laying wagers with the rest of the men that were with him; I saw some money won and lost, while I stood looking on; he asked the rest of the men that were there, if they had no more money, whether they would lay a watch against three guineas? some of the men said, no; there might be seven or eight standing about him; he perceived I had a chain hanging out of my pocket; and he asked me if I had a mind to lay my watch? I had not betted with him before; I said, no, I was but a poor man, and could not afford to lose my watch, so well as he could three guineas; I said to him, no, Sir, I shall not lay you any thing; and he answered done, as if I had betted; and he repeated it again, done, as if I had laid him; and I said, no, I do not lay any thing; when I said that, I wanted to get from them, and I could not; the rest of them shoved me close to Thomas Pointer , the prisoner; and the more I tried to get away, the more they crouded; Pointer then said to a one-eyed man that stood by, that man has lost his watch; no playing was then going on; and the other man answered to Pointer, yes, and I would have it; I went to secure my watch-chain with my hands; and I could not get my hands down lower than my stomach, by the people crowding me, and holding my two arms behind; I am sure I felt some hands upon my arms behind, but I could not see; the prisoner was not one of those; he was in front of me; immediately the prisoner, Thomas Pointer , snatched thewatch out of my pocket; he said nothing to me at the time; he never laid hold of me: after my watch was gone, I could get from them very easy then.

Court. Will you undertake to swear that your arms were confined, when Pointer took your watch from you? - Yes, they were, by some of the company that were betting; then I said to the prisoner, what makes you catch hold of my watch, and I attempted to catch hold of him, and he made a blow at me, but missed me; he ran away along the path leading to Spice-island, I ran after him; he looked back, and saw me following him, and he jumped over a bank into a field; I halloo'd to him, Go which way you will, I will follow you; he ran across the field, and I after him; at the further end of the field there was another bank, and a ditch; he jumped over that, and I after him, till I came to Spice-island gardens, where there were several houses, and then I called out, Stop thief! he ran down the gardens, and at the end of the gardens I lost fight of him; I came down as far as St. George's turnpike, and lost him: I did not see him till the 4th of January, when he was taken before the magistrate: I went and gave information at Mr. Staples's office immediately after my inquiry at the turnpike; I described the prisoner, to one West, as a good-looking man, full-faced, a blue jacket, light hair, and had lost some teeth in front; I saw him the morning after he was taken, and knew him immediately; I am positive now that the prisoner is the man; I stood near him for ten minutes; I never betted my watch to the prisoner, or any of the by-standers, and money I had none; I staid from curiosity; I saw nobody at play but the prisoner; I never saw my watch since; it was a silver watch, a copper chain, and two copper seals; I have never seen any of the persons that were about the table since; I saw the watch in his hand, and I saw him put it into his pocket, as I followed him.

Prisoner. Did not you put down your watch against three guineas in another man's hand? - No, I did not; I never offered to play.

Did not you get your watch again? - No.

Did you offer to lay half-a-crown? - No, I never offered to lay any thing; I had no money.

JOSEPH WEST sworn.

I apprehended the prisoner: the prosecutor came to the office about one; I was there; he gave information that he had been robbed of his watch, in the New Road, by a person playing at cups and balls; he said he was a well set man, in a blue jacket, short light hair, a full face, and talked hoarse; he gave no other description than that; I knew the prisoner before; we could not find him till the 4th; then we found him at the Rose and Crown, in Church-lane; he was dressed as he is now, not in the dress the prosecutor described him; I found nothing upon him.

- COOKE sworn.

I apprehended the prisoner, at the Rose and Crown, in Church-lane; Joseph West , Pirnell, and Riley, were with me.

PRISONER's DEFENCE.

I was coming along this New Road, and I saw a boy playing with these cups and balls, and he lost many shillings, and I laid him 12 s. that the ball was not under the middle cup, and I put my money in another man's hands, and he put 12 s. to it; I took up the cup, and the ball was under the cup; then I yielded my wager lost: then I saw him do it two or three times after, and I said let me try if I can do it; I tried three or four times, and lost three or four shillings, before I could do it; then I thought I had the ball under the middle cup, and I offered to lay any man three guineas to one; and the prosecutor said, I have not a guinea, I will lay you half-a-crown; and I said, no, I will lay you three guineas against any man's watch; and the prosecutor said, I will lay you; he immediately took out his watch, and put it at top of the table, or tub, whatever it was; I said, my friend, you had better put it insomebody's hands, whether won or lost; and he immediately took it up, and put it into another man's hand; and I put my three guineas in the man's hand first; says I, have no mistake; if the ball is under the middle cup, I win, mind; and he answered, yes; and I said, you take up the cup, which he did, and the ball was under the cup; I said, I have won the wager; and as the man was delivering the money and watch to me, the prosecutor ran up and hit me, among the crowd; says he, you shall not have my watch, for you have swindled me out of it; and the man going to give me the watch and money, I was knocked down, and lost one of my guineas, and never had the watch: this prosecutor challenged another man, a sailor, down this road, and the sailor jumped over a ditch, and went across the meadow, and he turned back again, and I met him; he never spoke to me then; I had stopped behind to inquire about my guinea.

JOSEPH MARTIN sworn.

I live at Mr. Carpenter's, in Church-lane, Whitechapel; he is a grocer, and keeps a coal-shed; I was going of an errand, for my master, to the Three Mackerel, at Bow (The prosecutor was ordered into court, and the other witness of the prisoner ordered out of court); I know the prosecutor; I saw a great number of people, all round in a ring, in the New Road, and I went, like another, to see what was the matter; and there I saw a man, that was the prisoner, playing with some tin things, and a ball under it; and the prisoner offered to lay a guinea that the ball was under, and there was nobody there that would lay him a guinea; then he offered to lay three guineas against any body's watch; the prosecutor was standing there, and he offered to lay him half-a-crown, and the prisoner would not lay him half-a-crown; the prosecutor then took his watch out of his pocket, and reached over, and put it into another man's hand, with three guineas which the prisoner put to the watch; I do not know whose hands they were, the men were all strangers to me; the prisoner was a stranger to me then; the prosecutor lifted up the cup, and the ball was under, and the prosecutor found he had lost his watch then, and they began to make a piece of work, fighting and quarrelling, all the people together; he shoved some one way, and some ran another way; then I went about my master's business; I heard the prisoner calling out, give me my money, but I do not know what became of the watch; I saw no more of it; I was going to carry half-a-pound of tea to the Three Mackerel, at Bow; across the fields was my nearest way.

How soon did you see the prisoner again after this accidental meeting? - The next day.

Where? - Going along Church-lane, as I was in my master's shop; we did not speak; I never saw him after that till yesterday: when I went home, I was telling my master the Monday after, and my master knew the prisoner by using his shop and being a neighbour, and he said to me, as you saw this, you had better go; I told my master what a piece of work there was, and fighting, and how they got a man's watch; I knew of this, because the prisoner was taken up in our lane; my master persuaded me to come here, the prisoner did not send for me.

You have had no conversation at all with the prisoner? - No; I saw him in gaol this morning, and just spoke to him; I was here last night, and did not see him; but the prisoner knew I was here, because my master sent word to the prisoner that I was come to speak what I knew.

Not one of this company was you at all acquainted with? - Not one, to my knowledge; I suppose there might be twenty or thirty round; my master knows the prisoner by using his shop, but I did not know him; I only came from on board ship last Christmas holidays; before that I lived at Stratford, at one Mr. Balcher's; I had been seven months on board ship: I had not betted at all myself; the prosecutor was there about a quarter of an hour before heoffered to lay: I went in this morning to see if I knew the prisoner, and finding I did, I came out again.

Court to Haylin. Be very careful, and consider the situation of the prisoner and yourself; look at Joseph Martin , do you know him? - I do not know that I ever saw him before.

Therefore you cannot say whether he was or was not one of the party? - I cannot.

Did you ever offer to lay the prisoner half-a-crown, or any sum of money? - I did not, for I had not 6 d. about me.

Did you ever deposit your watch in any other man's hand? - I am positive I never did, my watch was never out of my pocket at that time; it was taken out.

Had you been at work that day? - No; I am out of work.

Had you been drinking? - I might have a pennyworth of beer, but no more: it was offered to me to bet my watch, and I refused it.

Are you very sure that the man you pursued was the prisoner? - I am very sure of it, and no other.

Court to Martin. Are you still positive as to his depositing the watch with another man? - Yes, and he wrapped up the chain round it.

Prisoner. This prosecutor had two more men taken up before? - I did not know any thing of it, I saw none.

ROBERT DAWSON sworn.

I attend the publick office in East-Smithfield: on Saturday, the 1st of this month, I was coming from Whitechapel to East-Smithfield, and two others with me, who are not here (I did not come on this business); there were a number of people collected in the New Road, near the fields going from Shadwell to Stepney; I came up and asked what was the matter, and they said a man had been robbed of his watch; and I saw a number of people running across the fields, and amongst the rest was the prosecutor; when I came to the bottom of the road, I saw two other persons running before the prosecutor; the prosecutor and me came then close together, and I asked him who were the persons that had got his watch; he pointed to two men in drab great-coats, and said they had his watch at the first, but had given it to another man, whom he shewed me, dressed in a blue jacket; I immediately pursued the two men in the great-coats, and the prosecutor followed me; and about 200 yards from the spot where I spoke to the prosecutor, those two men he pointed to were stopped, and taken to the publick office in East-Smithfield; and, as soon as I saw them safe, I came up again to the place where we parted, to look for the third man, in the blue jacket; I could not find him, and returned to the office, expecting to see the prosecutor there; I waited all day, expected him to appear, as he knew of it, and at night I took them before the magistrate, Mr. Justice Smith, and charged them on suspicion of committing this felony; the magistrate committed them for further examination: on the 5th, the prosecutor, during all that time, had never appeared, and they were discharged that night; and in half an hour after I heard this prisoner was in custody: when I returned to the prosecutor, he had lost the man in the blue jacket; but when I asked him before, he pointed to the two men in the drab coats, and the man in the blue jacket.

Court to Haylin. Do you remember seeing Mr. Dawson when you was in pursuit? - Not to my knowledge I did not; I did not think of the men in drab coats.

Did you ever point out the two men in drab coats? - No, I pointed to the man in the blue jacket.

Did you ever say to Mr. Dawson, or any body else, that the two men in the drab coats had first got the watch, and then gave it to the man in the blue jacket? - No, I did not.

Did you see the two men in the drab coats? - Yes, I saw several run; but the whole of my pursuit was after the man in the blue jacket; I had no notice of the apprehension of the other two.

You do not remember speaking to Dawson? - No, I do not; he might speak to me; several did.

Dawson. Ask him if he did not describe one of the men in the drab great-coats to have lost an eye? - Yes, I did; but not to this gentleman, to my knowledge.

What did you say about him? - I described the man in the drab coat, and that he had lost his left eye, who ran away at the same time that the other ran with the blue jacket, but I gave no information against any man in a drab coat, only that he ran away at the same time.

THOMAS THOMAS sworn.

I live at the Guy, Earl of Warwick, in Gray's-inn-lane; I have known the prisoner about 12 months; he has been a porter , as far as ever I knew.

What is his business? - He was a porter.

What sort of a porter? - I do not know; he was a porter to a house in Middle-row, No. 9; he always used my house.

What business is it? - I do not know what business it is, the house is shut up now.

Jury. The corner of the court? - Yes.

Jury. It is a lottery-office? - When it was opened, it was a leather-dresser's, but the prisoner was porter there since.

Then what business was carried on since? - I cannot tell; it might be a lottery-office: he was a very honest man; he always behaved so in my sight, at my house.

The prisoner called two more witnesses to his character.

GUILTY , Death .

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

57. ANN KING was indicted for feloniously stealing, on the 22d of December last, ten yards of printed callico, value 20 s. the property of Thomas Ashby , privily in his shop .

(The witnesses examined separate.)

THOMAS ASHBY sworn.

I am a linen-draper , in Holborn ; I only prove the property; I have no partners.

CHRISTOPHER RADLEY sworn.

I am shopman to Mr. Ashby, in Holborn; the prisoner, in company with another woman, came into our shop the 22d of December, about two at noon; the other woman asked to look at some printed callicoes; I shewed them several pieces; the other woman said she would not buy then, she would call another day, and they both went out of the shop; I did not know either of the women before, nor had seen them; they were in the shop about ten minutes; we have three shopmen; my master was in the shop, and several customers, but I cannot say which of the shopmen were in the shop at the time; I saw the piece of callico in question laying on the counter when these two women came into the shop; they both sat close to the counter; I did not miss the callico, nor see it taken.

Mr. Knapp, Prisoner's Counsel. Did you see the women come into the shop, or either of them? - I saw both come in, and both went to the counter.

Did one stay behind, towards the door, while the other came up to the counter? - The prisoner stood rather behind, at a little distance.

How far? - I cannot exactly say.

Guess a little. - About a yard.

The other woman was the only person that asked about any cotton at all? - Yes.

Court. Then this woman did not stand close to the counter? - Yes, they were both close to the counter, but one lower than the other.

EDWARD M'DOUALL sworn.

I am an assistant linen-draper, and nephew to Mrs. M'Douall, in Bond-street; I was walking past the prosecutor's shop, on Wednesday the 22d of December, about two; I saw the prisoner, Ann King , with two other women, looking at Mr. Ashby's shop, and I knowing Ann King (I saw her and another woman go in), I watched her; theother woman walked backwards and forwards at the door; King and another went in; I stood opposite the door for about a quarter of an hour, and saw King and the other woman come out, and walk across Holborn very fast; I followed; King went up Ely-place; they walked faster seeing me; and when I came near, seemed much agitated; I went through to Hatton-garden, and came up to them; I suspected her, and said to Ann King , you have something that does not belong to you? no, says she, I have not; I said, yes, you have, for here it is in your muff; she then held her muff in her right hand; she said, it was not her that took it, it was the other woman; I said, you shall go back with me to Mr. Ashby; she objected very much, but I took her back: the other woman ran away.

Court. Could you observe whether they took any thing? - No, Sir, I could not, though I was watching them; I did not see them take any thing; it was merely my suspicions of the woman.

Had you no conversation with any woman, about that time, in Holborn? - Not the least.

Then of course you could not have any conversation with the other woman that you described to be with the prisoner? - No, Sir, certainly not.

Recollect? - I do, Sir.

So, seeing the prisoner, whom you thought to be an improper woman, you let her go in the shop? - I did so.

Do you recollect speaking to any woman, and saying, that if there were twenty in company, you would take her, and have forty pounds on each person that you took? - I have no recollection of that, in the least.

Did you say that? - No, Sir, I do not remember it; I did not.

Do you remember saying any thing to that effect? - No, Sir.

Did you talk about a pretty woman in the Stormont gown? - No, not in the least.

You did not say before the magistrate, any thing I have stated to you? - No, Sir, not in the least.

You are sure you did not? - I am positive of it, Sir.

How many people were present when this woman was examined at the magistrate's? - There were a number of people? - I saw the prisoner have a muff when she came out.

So that if you had happened to say any thing of that sort, they must have heard it? - They must.

Prosecutor. The prisoner was brought back to me by Mr. M'Douall; upon her I found this piece of print; it is my property, value upwards of twenty shillings; I have no doubt of it; I saw it that morning; I gave it to my son, William Ashby .

M'Douall. This is the print that was taken from the prisoner.

Mr. Knapp to Mr. Ashby. There were several customers and people in your shop? - There were.

Perhaps you might have some more of the same quantity and pattern as this? - Yes, of the same pattern, but not of the same quantity.

Do you mean to swear to this by the pattern? - No, Sir; by my own private mark with a red pencil, towards the middle.

You may have the same mark to other goods? - Probably we might.

The other shopmen are not here? - No; they could not see what passed; I believe one of them was in the back shop with me, and the other in the middle shop: my shop is eighty-one feet in length.

CHARLES ALLEN sworn.

I am a constable. I produce this linen; it has been in my custody ever since.

Prisoner. Ask the young man if he did not search the other woman, and tell her to run away; speak the truth, young man, if I die for it; and you said you would hang me? - I did not advise her to run away.

Did not you put your hands up her petticoats, and ask her where the pretty woman was that took the muslin? - I did not attempt to search her in any way, nor never made use of any such language.

Did not you ask me where the pretty woman lived, in the Stormont gown? - I did not.

You will be on your death-bed, as well as myself, one day or another.

Court. Did you ask after any woman whatever? - No, Sir, I do not.

Prisoner. You said you would have my life, as sure as I was there, you did, you false man, and said you would run me through with a sword.

PRISONER's DEFENCE.

I do not know what to say, I am sure; I know no more it, than the woman flinging the muff on my arm: he searched the woman all down her, and told her to run away.

GUILTY, Death .

She was humbly recommended to mercy by the prosecutor and the jury.

Tried by the London Jury before Mr. COMMON SERJEANT.

58. STEPHEN REYNOLDS was indicted for stealing, on the 16th of December , five cotton shawls, value 15 s. the property of John Webb , privily in his shop .

JOHN WEBB sworn.

I live at Twickenham , and deal in linen-drapery . On the 15th of November, I lost five cotton shawls out of the window in my shop, about eleven in the morning; I was not at home; my mother and wife were up stairs; I never saw the prisoner till he was in custody; my mother, who was left in care of the shop, is not here: I went after the prisoner with the constable.

ALBION COOPER sworn.

I am the constable. I went with the prosecutor to the prisoner's mother's; she denied him; I looked about, and saw a piece of one shawl hang out from the bedclothes; I found five shawls there; I made him no promise or threat; he said, get me off to be whipped, I have something else; he instantly went to the bed, or bed-tick, and took out a glove containing fourteen and six-pence in silver; then I took him before a magistrate; the shawls have been in my possession ever since.

(Deposed to by the prosecutor, marked B=.)

Prisoner. I have nothing to say, and no witnesses.

GUILTY of stealing, but not privately .

Transported for seven years .

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

59. LAWRENCE HUMPHRIES and ABRAHAM SOLOMONS were indicted for feloniously assaulting Elizabeth James on the king's highway, on the 4th of January , and putting her in fear and danger of her life, and feloniously taking from her person, and against her will, one linen cloth, value 3 d. and three linen shirts, value 12 s. the property of William Greville .

(The witnesses examined separate.)

ELIZABETH JAMES sworn.

I live servant with Mary Greville , No. 4, King's-head-court, Shoreditch; her husband's name is William. On the 4th of January, instant, between eight and nine in the evening, I was going down Shoreditch, to carry some linen home, three shirts, from Mrs. Greville; she takes in washing; the shirts were wrapped up in a coarse-cloth; I was going to take them to Broad-street; when I came to the bottom of King's-head-court, I saw three men standing at the corner; and I went a little farther, to the next turning, and a young man came and snatched them out of my hand; he ran before me, and I saw the bundle in his hand; he came behind me, and snatched it; he was one of the threemen I had seen standing at the end of the court; he ran up the turning; I was about twenty yards from the end of the court; he ran before me, and ran up the turning; he had on a dark green coat, and a round hat, and his hair about his ears, and dark stockings; I hallooed out, murder! I went a little farther up the turning, and fell down, and got up, and cried stop thief! several times; when I got to the top, there was nobody nigh me; and then the people came out of the public house, and I went back and told my mistress; I lost sight of the prisoner then; I saw him at the justice's two days after; I saw three men before the justice, and to the best of my knowledge one was the same man, but I was not sure; that was not either of the prisoners; the prisoners are the other two men that stood at the end of the court; I knew them before; I did not know the other man before; I had known the two prisoners a long while; Solomons lived next door but one to my mistress, about a twelvemonth ago; I had often seen Humphries with Solomons, but I did not know his name then; when I went back, neither of the prisoners were at the end of the court; that was about half an hour; it was dark; I have seen the two prisoners together three or four times, walking up and down Shoreditch: I have lived five months with Mrs. Greville; and before that I lived with my mother at Mrs. Greville's, when Solomons lodged next door but one; when I went home, I said I had been robbed by Solomons, and the other, whose name I did not know, and by another man that snatched the bundle.

MARY GREVILLE sworn.

I am wife of William Greville ; I take in washing; the last witness is my servant. On Tuesday night, the 4th of January, I sent her to Broad-street with three shirts wrapped up; it was between eight and nine; she was absent about a quarter of an hour; when she returned, she seemed very much frightened, and said she had been robbed of the linen; she said there were three boys standing at the end of the court, and one of them she was certain was the Jew boy, Solomons; he had been a neighbour of ours a great while before; she said, the one who took the bundle from her, was a boy in a dark green coat; I do not remember whether she said she knew the other; I saw two of the shirts without the wrapper, at Mr. Staples's, in the possession of Mr. Cooke, the officer; I know them again.

JOHN COOKE sworn.

I am an officer belonging to Justice Staples. On the 4th of this month, about ten in the evening, I was going up Church-lane; I saw a lad named William Archer , who is admitted an evidence, standing at the end of a court in Church-lane; I thought it suspicious; I never saw him before to my knowledge; and from his information, I left John Ryley in charge of him, and went up the court, and listened at a back door of a suspicious person that I knew, and I heard some people talking; the door was shut; I tried to open it; in a few minutes I saw the two prisoners come out of the court; one of them had something in his bosom; they came out together; I asked him what he had there? he said, two old shirts, he was going to sell to purchase him a lodging; I said, if you prove it so in the morning, you shall have them; but I suppose you have stolen them; and I took them out of his bosom; I then took him and Archer into custody, and sought after Solomons, who had made off; I knew him perfectly well by sight; I saw him soon after, and called him; I searched him, and found nothing on him; I asked him what he did at that house in the court? he said, to pledge a handkerchief for sixpence; I let him go: I did not take him again; he was taken by Pirnell and West; I kept the shirts ever since: Archer and Humphries said Solomons was innocent; they said he was not in it.

JOHN PIRNELL sworn.

I apprehended Solomons coming to theLock-up-room, speaking to the other prisoners.

JOHN RILEY sworn.

I am a constable. I was with Cook about ten on the 4th of this month; I saw Archer standing at the corner of an alley; Cook asked him what he did there? he said he was waiting for somebody that was gone in there; and Cook gave me charge of him, and went into the alley and brought Humphries out with him; we secured them in the watch-house that night; I saw Solomons, that night, some time after, running along Cable-street; me and Cook took him in custody, searched him, found nothing, and let him go; he said he had been to sell or pawn something for sixpence, to buy a supper.

WILLIAM ARCHER sworn.

Court. Remember the situation in which you stand, and take care you say nothing but the truth, in every respect? - I know the two prisoners; but that was the first night I had had any conversation with them for two years; that was the 4th of January; one of them I knew very well; I met them together by chance, the corner of Hog-lane, facing Magpie-alley; it was about seven o'clock; they both asked me whether I would go out with them a thieving?

Court. Was that the first thing that passed between you? - Yes.

Was not you surprised at such a question? - We had a few words; but I never was out with them before, nor any body else; but their persuading me, I consented; and as we were standing at the end of Bold-court, the corner of Hog lane, this girl came past about nine; we were there about seven; and Humphries said, there is a girl gone by with a bundle, let us go and snatch it from her; and we followed her till she got very nigh Plow-yard; then we crossed the way, and met her; and I came round her, and snatched the bundle from her, and we all ran away to the corner of Magpie-alley; and Humphries took the bundle from me, into his apron; and we all went into Wheeler-street, where we examined the bundle, and found it consisted of three shirts; and we offered them to a woman for sale at a house on the left-hand side, that Humphries knew; and the woman offered us four and six-pence for them, and we would not take it; then we all went into Bishopsgate-street; there I went in and pawned one of the shirts for half-a-crown; and they two stood at the door; and Humphries and all of us went into Back-lane, a place where they live; and Humphries and Solomons went into a house with the shirts; they went up a court, and I stood at the end; I do not know the name of it; and Cook and another gentleman came by and took me; and I said I was waiting for somebody; and Cook went and took Humphries into custody; and Solomons ran away.

Prisoner Solomons. When Mr. Cook took me at night, did not you say I was innocent? - At first I did, because you told me to say so; but I owned the whole afterwards; I said, at first, Solomons was not with us, because he told me he had robbed the same woman before; that was directly after we had robbed the girl, as we were walking along; and if he should be taken, therefore for me to say he was innocent; and I not knowing what to say, I said so.

Did not his father give the officers four guineas to get him made an evidence? - No.

Did the officers say, if you did not swear against me, you would be hanged yourself? - No.

Did the other prisoner know me before? - Yes; they both lived in one house; the two prisoners were ten yards behind me, when I took the bundle.

Prisoner Humphries to prosecutrix. Did you see me, or was I nigh you, when the bundle was taken from you? - No, I did not; I saw him at the end of the court, with the other two.

Jury. Do you know that boy in the green coat? - No, Sir, I never saw him before that night.

Do you know him now? - I do not know his face; I never saw his face; Iknow his back; he is the person that took the bundle from me, to the best of my knowledge; it was about his size and figure.

(The shirts produced and deposed to.)

PRISONER SOLOMON's DEFENCE.

I was coming down stairs to get something for my supper; and coming along, Humphries asked me if I knew of ever a pawnbroker's near? and I told him, and went with him to the pawnbroker's, where he asked five shillings for the shirts, and they offered him three shillings; I was going to pawn a handkerchief for six-pence; and coming out, I went up stairs, and was going to bed; and I came down stairs to fetch a pint of beer, and Mr. Riley and Mr. Cook took hold of me; and they asked me if I knew any thing about any shirts? and I told them I saw a lad ask five shillings for two shirts, and he was offered three shillings; and then they let me go; and I went home and went to bed; and then Mr. Pirnell took me in the morning; and Humphreys and Archer said they knew nothing of me, and I had not been with them.

PRISONER HUMPHRIES's DEFENCE.

I was talking to my sister; and William Archer called me three times before I made any answer; and he bought a halfpennyworth of apples at Magpie-alley; and he gave the girl that sold the fruit, his bundle; and he came up to me, and said, I have some shirts of my father's, I will be obliged to you to pawn them for me; I took them from him, and was going to pawn them for him, knowing him; and I met Solomons, and asked him for a pawn-broker's? and he said, here is one here; I am going in; and I went in with him, and asked five shillings, and they would not lend it me; and I was coming to bring them out to William Archer , and Mr. Cook and Riley laid hold of me; they said, what have you here? I said, two shirts belonging to William Archer ; and they took them away from me, and put me in the lock-up-room all that night; and William Archer sent for his father, and he gave Riley three or four guineas to swear in his son as an evidence; and the girl is here.

ELIZABETH HUMPHRIES sworn.

I am no relation to the prisoner: I live in King's-head court, Shoreditch, with my mother; she sells fruit, and has done so thirty-four years. On Tuesday night was a week, William Archer came across the street of Shoreditch, and had a halfpennyworth of apples; I was minding the stall; and he asked me to let him leave a bundle with me, which he had in his hand, till he called again; and he went across the way again, after he left the bundle with me; and he brought the prisoner Lawrence Humphries across the way with him, and asked him to pawn a few things for him; and Archer said to me, give this Lawrence the bundle I left with you, which I did, and they both went away together; this was about half after eight at night, as near as I can tell; I never spoke two words to either of the lads in my life; I knew them no farther than buying fruit of me, and going away again; Archer said the bundle belonged to himself.

Jury. What sort of bundle was this? - It was pinned over in a brownish coarse-cloth.

Court to Archer. Did you see that girl there? - I have seen her going backwards and forwards to my work, but never laid out a halfpenny with her in my life.

Did you deliver any bundle to her? - I never did; for as soon as the bundle was snatched, we all ran up Plow-yard, to Magpie-alley; and then Humphries took the bundle, and we all went to Wheeler-street, to a place he said he knew.

You never saw the girl that night? - No, my lord, I did not; I tell you nothing but the truth.

ALICE HUMPHRIES sworn.

I am the prisoner's sister. I live inShoreditch; I am a single woman; I keep two rooms in the house of Mrs. Weighty, a widow, No. 3; I take in washing, and make sailors shirts and jackets; when my brother is out of work, he lives with me; and when he is in work, he lodges at one Mrs. Bryant's, in Bold-court; he is a brick-maker; he always keeps very good hours when he is at home with me.

ISAAC SOLOMONS sworn.

I am the unhappy father of this unfortunate young man; I live in Garden-court, Whitechapel; my chief employment is grafting silk stockings for gentlemen; my son lives with me, but of late I cannot speak to his guilt or innocence; my wife died in child-bed, with seven children; he was employed all last summer by me; he always behaved very peaceably and quiet; I would rather give my voice for sending him abroad; he may make a bright man yet.

LAWRENCE HUMPHRIES , ABRAHAM SOLOMONS ,

GUILTY

of stealing, but not violently.

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

[Transportation. See summary.]

60. WILLIAM LEACH was indicted for stealing, on the 11th of January , one quart pewter pot, value 6 d. two pint pots, value 6 d. and one half pint ditto, value 6 d. the property of William Anchors .

WILLIAM ANCHORS sworn.

I keep the Red-lion , Old Bethlehem; the prisoner came to my house on Tuesday last; he called for a pint of porter, between seven and eight o'clock; he sat there near an hour; one of my servants informed me he had a pot in his pocket; I went to him, and I saw the pot under his coat, under his arm; I then took it from him, and set it on the table; after that, I took him by the collar, and shook him, and heard something rattle in his apron, which I opened, and took out a quart pot, a pint pot, and an half-pint pot; then I searched his pockets, and felt two pots in his pocket, but did not take them out; I sent for Grimes, the officer, who searched him, and took a pint and half-pint out of his coat pocket, that was not my property; he had of mine one quart, two pints, and one half-pint, taken out of his apron and from under his arm; one pint is marked with my name, and the others with Maria Swell , who kept the house before I came.

THOMAS GRIMES sworn.

I am an officer; I was sent for on Tuesday evening; I searched the prisoner, but found nothing belonging to the prosecutor.

(Produces four pewter pots belonging to the prosecutor, who deposed to them.)

PRISONER's DEFENCE.

I have a wife and five children, and my wife lays in now; I did it entirely through want.

GUILTY .

Tried by the London Jury before Mr. Baron THOMPSON .

61. GEORGE POLLARD was indicted for stealing, on the 22d of December last, 3 lb. 11 oz. weight of leather, called but leather, 4 lb. 8 oz. of other leather, called crop leather, value 6 s. 6 d. the property of Daniel Baldwin .

The case opened by Mr. Garrow.

DANIEL BALDWIN sworn.

I am a leather-cutter , in Long-lane; the prisoner worked with me about six years; on the 22d of December I sent him in the cellar, to sort and remove leather; I went to an opposite house; about three, soon after, the prisoner came out, and I ran out and pursued him to a passage leading into Cloth-fair; I charged him with being a thief, in the presence of Mr. Howe, and he produced these pieces of leather, cut out of two ranges called slips, cut into16 pieces, which were given to the officer; he was not to cut any at that time; he begged for mercy; this piece he left behind him in the cellar.

RICHARD RICHARDS sworn.

I am a constable; on the 22d of December this leather was delivered to me by Mr. Baldwin.

(Produced and deposed to by Mr. Baldwin.)

I have compared them with the ranges, and they exactly fit; some of them are but leather, and some crop leather.

Mr. Knowlys, Prisoner's Counsel. Had you any other leather in your cellar? - A large quantity: I had always a good opinion of him; I thought him very honest, but very weak.

GUILTY .

Tried by the London Jury before Mr. COMMON SERJEANT.

[Whipping. See summary.]

62. MARY INGLES was indicted for stealing, on the 14th of December last, a fox-skin muff, value 20 s. the property of George Dipple , privily in his shop .

GEORGE DIPPLE sworn.

I am a furrier , in Bridges-street, Covent-garden ; I was not at home when the property was stolen, I only speak to it; it is my own property: I was called down stairs the 14th of December, about eleven in the morning, by my daughter, Ann Dipple , and I saw the prisoner in my parlour; John Gent and my daughter were with her, and my muff was in the parlour; I asked the prisoner how she could be so wicked to rob any body; she attempted to make her cause very good, and was rather saucy; she said she did not come to rob, she only took up the muff to shew to a young woman that waited in the street, and she seemed to be very much offended at being so accused; then I sent for an officer; I know the muff by the damaged places; I often observed it; I swear to it; I saw it the day before, and every day.

ANN DIPPLE sworn.

I am going of 13; I know the nature of an oath; I came here to speak the truth.

What will become of you, if you should tell lies? - I shall go to a bad place: I am my father's daughter; his name is George Dipple , No. 5, Bridges-street, Covent-garden; he is a furrier; my mother generally serves in the shop; I am sometimes employed in the shop: I know the prisoner; she came into our shop to sell two hare-skins, the 14th of last December; I never saw her before; my mother and two more ladies were in the shop; I looked at the hare-skins, and my mother bid me not buy them; we sometimes buy such: I went into the parlour directly, and I saw the woman was going down a step of the shop, and I saw the muff under her arm; I opened the door, and went after her; I told her to come back, and she gave me the muff; she said, take it, I was only going to shew it to a young woman; no young woman was near; I took the muff, and called down my father; I laid hold of the woman, and she came back with me.

Court. Did not you say, before the magistrate, that you saw the woman take the muff? - No, I did not.

Was what you swore at Bow-street true? - Yes; the examination was read to me, and it was perfectly true.

(The examination read.)

"The said Ann Dipple for herself says,

"That this morning, between ten and eleven,

"the person now present came into

"her father's shop, and offered a rabbit-skin

"for sale, which was refused; and, as

"she turned round to go out of the shop,

"she saw her take the muff in question."

Jury. You should have been very much collected, considering what you have said before; we saw your situation, and pitied you very much; you have undertaken that which you was not equal to.

Court. How came you to say, before themagistrate, you saw her take this; or rather how came you to give a different account now to what you did then? Now recollect yourself, whether you did not see her take this muff from the counter? - No, Sir; I did not.

Do you recollect saying so before the magistrate? - Yes.

Did she come freely back? - Yes, I told her to come back; and she said, very well, I will come back.

JOHN GENT sworn.

I live at No. 3, in Bridges-street; a hatter: I was standing at the door, between ten and eleven, the 14th of December; I saw Miss Dipple following the prisoner about two yards from the door; I had not observed the prisoner before; I saw her stop the woman, and the woman gave her the muff; she was about two yards from me: Miss Dipple said, Mr. Gent, this woman has stole a muff; I heard her say to the prisoner, you have stolen a muff from my father; and I conveyed the woman back to Mr. Dipple's back parlour, with the muff; the young woman had not laid hold of her; when she came back, I asked her if it was not a sin, at her time of life, to be guilty of such a thing, and the prisoner seemed to be very sorry, I thought, but answered nothing; when I came into the back parlour, she said she was a widow woman, and lived in Gray's-inn-lane; this was before the father was called down; the muff was laid in the parlour; she was taken to Bow-street.

Jury. Did the prisoner appear to make any resistance that made it particularly necessary for you to take her to the shop? - Yes, at the shop-door she did; she struggled a little at the street-door.

Was Miss Dipple with you all the time? - Yes, and went into the back parlour.

Did you see any woman in the street waiting for the prisoner? - No, I did not.

(The muff deposed to.)

Prosecutor. I did not see this muff in the shop that day; it might have been sold; but I know it particularly by the damaged place; it cost me 22 s.

PRISONER's DEFENCE.

I went into the shop to sell some skins; they did not seem to like to buy them, and I was coming out; the girl pulled me back, and called me a thief; and the horror of being called a thief at these years struck me dumb, and they pulled me to the back parlour; I had done no harm; he said I was an old offender; I never wronged man or woman.

The prisoner called two witnesses to her character.

GUILTY of stealing, but not privately .

Tried by the first Middlesex Jury before Mr. Baron THOMPSON .

[Imprisonment. See summary.]

63. NEAL M'MULLEN was indicted for feloniously stealing, on the 13th of November last, four linen table-cloths, value 4 l. and twelve linen napkins, value 40 s. the property of Henry Penton , Esq ; in his dwelling-house .

A second Count, For stealing, on the 3d of December, four other linen table-cloths, value 4 l. two other linen table-cloths, value 50 s. twenty-four other table napkins, value 42 s. two table-cloths, value 2 l. twelve other linen napkins, value 30 s. two pair of sheets, value 50 s. one other table-cloth, value 30 s. twelve other napkins, value 30 s. one pair of other linen sheets, value 3 l. twenty-seven towels, value 30 s. two pair of other sheets, value 40 s. five other linen table-cloths, value 15 s. one towel, value 1 s. another table-cloth, value 40 s. twenty-four towels, value 24 s. twenty other napkins, value 40 s. one other towel, value 1 s. four table-cloths, value 40 s. twelve other napkins, value 12 s. one other pair of linen sheets, value 10 s. another pair ditto, value 10 s. another table-cloth, value 10 s. twelve other napkins, value 20 s. two other pair of sheets, value 40 s. five linen table-cloths, value 5 l. twelve other linen napkins, value12 s. one cloth, value 1 s. another table-cloth, value 20 s. one other pair of sheets, value 20 s. one other linen cloth, value 1 s. three other linen table-cloths, value 3 l. four other ditto, value 4 l. seven other ditto, value 40 s. four other ditto, value 40 s. thirty-six other towels, value 36 s. and four other napkins, value 8 s. the property of the said Henry Penton , Esq; in his dwelling-house.

(The case opened by Mr. Garrow.)

HENRY PENTON , Esq; sworn.

My town-house is in Piccadilly; I went to the country on or about the 9th of June; I left no other person in town but a female servant of the name of Swan; I returned to town the 8th of December; on the 10th I found my linen was gone; I was laid up with the gout, and sent information to Mr. Bond; he came to me, and hand-bills were circulated, and a great portion of my linen was produced from various pawnbrokers.

JANE BRADLEY sworn.

I was housekeeper to Mr. Penton; in June last I locked up the linen safely; at that time there was a large quantity of tablecloths and towels; I came to town about two months before the family.

WILLIAM ALDUS sworn.

I am a servant to Mr. Salkeld; I produce four table-cloths, and twelve napkins, which I received from the prisoner; I am confident to him; I lent three guineas, on the 13th of November; I immediately carried them to Bow-street, on seeing the handbill; I suppose they are worth 4 l.

(Deposed to.)

HENRY TURNER sworn.

I am a pawnbroker, in Panton-street; I produce two table-cloths and 14 napkins; I am quite sure of the prisoner; the 1st of December I lent one guinea and an half; they are worth about three guineas.

(These things deposed to by Mrs. Bradley, except one towel.)

FRANCIS MURRAY sworn.

I am an officer belonging to Hyde-street; I was present when the prisoner was apprehended; he said they were all Mr. Penton's property; no promise or threat was made; he said he took them out of the closets in parcels; I found some towels and tablecloths, and china, in a trunk, at his lodgings, which he owned; I found the key on a person of the name of Hay; he told me where he lodged, at No. 8, Adam and Eve court, Oxford-street; Hay lived at No. 2; the prisoner said that all the articles in the box belonged to Mr. Penton.

(Deposed to by Mrs. Bradley.)

These are home-spun towels, which I recollect; the mark is picked out: this table-cloth is the same as the kitchen linen; the mark is picked out.

Prisoner. I have nothing to say, but leave it to the mercy of the Court, and the gentlemen of the jury.

The prisoner called ten witnesses to his character.

GUILTY , Death .

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

Mr. Penton. My Lord, after having prosecuted this unfortunate man, your Lordship may perhaps think it singular that I wish to recommend him to his Majesty's mercy; I am induced to do this from circumstances that I own weigh with me, and I have no doubt will weigh with your Lordship; the candour with which the prisoner has behaved ever since he was apprehended, and the manner in which he has stood forth to do all he could to restore that property he had taken, is something more than the general conduct of a criminal in his situation; in the first place, it is necessary for me to say, that when first he went to the office, he was induced to make the confession he did, and he was then told the consequences very properly by the magistrate; he then was asked, whether he would make the confession; he did so; and, in short, hestood in a manner convicted, from the testimony of some of the pawnbrokers; but yet, from the backwardness of others, it would have been absolutely impossible for me to have regained a considerable part of my property, had it not been for the confession of the prisoner; and I look upon him, in some degree, to have brought before the public, criminals equally guilty with himself; and in so doing he has made full compensation: what he could do, he has done; and therefore, although he is unfortunate, I flatter myself it may be his first offence; at the same time I flatter myself that he has not been so great a criminal as he appears in this Court: It is for that reason, and for that reason only, that I am to move your Lordship, that what I have stated may be laid as favourably as possible before his Majesty.

Court. Mr. Penton, you may depend upon it this case will be reported fairly and candidly by the learned Recorder (who is not here at present), and that your recommendation will make a part of that report; what effect it will have on his Majesty, it is not for me to say: I, for one, after what you have said, can have no objection to your recommendation.

Jury. My Lord, the jury wish to join with Mr. Penton as far as they can with propriety.

Court. Pawnbrokers, I see there is a list of no less than seventeen of you here; I am very glad, for your sakes and characters, that you have stood forth, in the manner you have done, to produce the property; it was not necessary to go into all that quantity of things, but you know very well it is your duty to deliver them all up; and I trust (I say it publickly before the learned counsel, who conducted this prosecution, as he does every other, very ably) that those pawnbrokers who have endeavoured to screen a man from justice, will have justice done them in their turn; and be assured, whenever men of their description come into this Court, and act improperly, the Court will take proper notice of them; because they know they have an opportunity of screening many thieves, and they know also that they have an opportunity of being of great service to the publick; and when they do so, the publick will be obliged to them; when they do otherwise, the Court will hold a tight hand over them; and therefore you must deliver the goods you have to Mr. Penton's servants.

Mr. Garrow. Call Mr. Priestman. - My name is Priestman.

Mr. Garrow. I do not ask you a question, as I want nothing from you. - I am not ashamed of my conduct; I have done nothing amiss.

John Palmer . I have some articles of Mr. Penton's that were taken in by Mr. Priestman.

Thomas Wright . I am servant to Mr. Penton.

Mr. Garrow. Take that bundle of goods from this witness, and take care to keep them in the same state till you are called upon for them; make a mark upon them now.

Palmer. One of them does not belong to Mr. Penton.

Mr. Garrow. Take them as they are, and let Mr. Priestman bring his action.

64. WILLIAM SMITH was indicted for that he, on the 22d of September last, in the dwelling-house of Thomas Sessions , on Henry Sharpe did make an assault, and him the said Henry did put in fear, and take half-a-guinea, against his will .

(All the ladies and boys ordered out of Court.)

The case opened by Mr. Garrow, as upon the trials of Templeman, Platt, and Roberts, in the last Sessions.

HENRY SHARPE sworn.

I am a porter to a carpet manufactory , under the piazza, Covent-garden; I became acquainted with a man of the name of James Templeman , about two months before Christmas, 1789; I had seen him some times before I saw the prisoner; I saw the prisoner the 20th of September last, between the hours of twelve and one in the day;Templeman came into my master's shop; having been visited by him before, I made no hesitation to follow him out of the shop; I guessed his purpose: when I came out, Smith and Platt were under the Piazza; I walked with them across James-street; Platt says, d - n his b - g eyes, he has threatened to acquaint the Duke of York with our proceedings, but the Duke of York is as big a d - d b - r as himself; the prisoner was close by, and heard this conversation; I next saw the prisoner the 22d of September, which was Wednesday, about the same time, between twelve and one; Templeman came into my master's shop, with this paper in his hand (delivered in); he said it was an order from the Duke of York for me to attend him in the orderly room; I asked him to step with me across the Garden, meaning to take him to one Simms, who keeps a stall there, whom I had acquainted with the transaction; they both went with me; Smith was at the door; no more passed; Smith heard Templeman's representation, but did not speak, as I recollect; I saw Mrs. Simms; her husband was not there; I desired them to go to a publick-house, and call for a pot of beer; Mrs. Simms went for him; while she was gone, they both said that the Duke of York was then waiting, and I must go immediately; I said I had no objection to go, but would not go without a friend; Templeman said they had no notion of waiting, and the Duke of York would be gone; Smith answered, should he be gone, they could easily send for him; Templeman said, if I would not go, they would fetch a company, to oblige me to go; meaning, as I understood, more soldiers; I told them, if they would go to a publick-house any where, and call for a pot of beer, I would pay for it, so as to wait till my friend came; they said they would go to no publick-house; with that a conversation ensued, and they said, what a fool must I be to stand to be exposed in the street, when two guineas would stop the affair; they both joined in this conversation; I told them I had not two guineas, nor would I give it, if I had; Smith said, the Duke was so much a soldier's friend, he would see them through any thing; I said, I made no doubt of the Duke's justice, and I hoped he would be my friend, as well as theirs; with that, they went to the White Horse, in the market, and called for a pot of beer; I did not go in; I paid for it; I was still looking out, in expectation of Simms coming; they did not seem pleased; they thought themselves too much exposed, they said; we went to the Northumberland-arms, kept by Sessions, in Russel-street, I do not know his Christian name; there Templeman asked for pen, ink, and paper: Sessions desired them to walk into the back room; they called for pen, ink, and paper; Sessions had no paper; I sent for a sheet; then they both said, if I would produce them a guinea, I should go at liberty, and never be molested again; I called for some liquor, and went to see for Simms; I left Templeman and Smith there; I was absent ten minutes; I went home for the guinea; I met Simms; he went there just before me; I came there directly; the prisoner and Templeman were there together; Simms was set down, with a pint of beer, in a distinct box; he got up, when I came in, and said, Sharpe, are these the men that extorted money from you? I said, those were two of them; Simms said, good God! are you in liquor? they said no, they were as sober as he; then he said it was worse in them to behave in that manner, because they must be little acquainted with the laws of their country; had I done any thing, or acted any indecency with them, they should have taken me before a justice; for by extorting one shilling in the manner they had done, it would most likely affect their lives; and he said to me, Sharpe, have you at any time taken, or received, any indecent liberties with those men; I declared, as I do now, before the face of God, and my sacred oath, that as I hope to receive no mercy at the hand of God, that I never knew whether he was man or woman; they acknowledged that I had not; they said I was innocent; but they said every body knew that soldiers pay was very small, and money they must have, some way orother; with that, I expressed how unhappy I should be to take the life of a fellow-creature, and would sooner suffer than do it; I told them they were young men, they might live to be an ornament to their King and country; and begged, for God's sake, they would leave off this practice; they both expressed, Smith particularly, he was pleased to say, I spoke to them like a gentleman; Simms spoke to them nearly in the same manner; with that, I told them, that I would not give them a guinea, but if they would give this discharge, I would give them half-a-guinea, and no more; they promised to give me a written discharge; I said, my giving them this money, I should be pestered with Platt, who had been with them two before; Smith declared to God, in the most solemn manner, as God might receive their souls, that I never should, for Platt was down on garrison somewhere in Scotland; with that, I got change for the guinea, and produced the half-guinea; Templeman wrote this, and read it to Smith, and asked him if he was agreeable to sign it; he said he was agreeable to what Templeman was, and they signed it.

(The letter read.)

"Sept. the 22d, 1790.

"SIR,

"I shall be much obliged to you, if you

"will please to step out to me, as I have

"got something very particular to say to

"you; I did not like to talk to you in your

"shop, as I thought you would not like it;

"I expect you to attend me immediately.

" Yours, T. B. "

Templeman signed the name of Thomas Vick , and he wrote the name of Thomas Brown , his mark.

(The discharge read.)

"I do hereby promise, that I, Thomas

"Vick, and Thomas Brown , will not molest

"and disturb Mr. Sharpe, on any pretence

"whatever.

(Signed)

" Thomas Vick ,

" Thomas Brown , his X mark.

"Sept. the 22d, 1790."

I gave them half-a-guinea, and laid it on the table; Templeman would not take it up, till Smith said he was agreeable to take it; whatever he agreed to, he was agreeable to; then Templeman took it up; nothing more passed at that time; we went away; I saw no more of them that night; Simms was in the room at the same time.

Now attend to the question I am going to put to you: Upon what inducement did you part with that half-guinea? - Why, Sir, if other things had been brought forward, I could explain more; it was fear of my character, and losing my bread, which they had threatened to deprive me of, if I did not give it: I saw the prisoner again on the 20th of October, a month all but two days, passing and repassing before the Queen's-head, during the time Platt was demanding to have the same sum given to him equal to those two, and which I gave him in that house, in the presence of Simms: on the 4th of November Smith was taken into custody; I took Templeman, and he impeached Platt and Smith; I do not think Smith said any thing before the magistrate; I am quite certain he is the man that was with me at Session's house; there was no creature in that house but us during the whole time.

Court. It appears to me, from your evidence, that the giving the half-guinea was a voluntary offer of your own. - They proposed two guineas, and came to one guinea; at last, I told them, whether they would give me this discharge or not, I would give them no more than half-a-guinea.

Court. But after they had publickly acknowledged to Simms that you were perfectly innocent, and they agreed to sign this paper, it was a voluntary offer of your own to give them half-a-guinea? - It was to let me go about my business unmolested, without any charge of indecent behaviour or unnatural practice.

Was that the condition upon which they agreed to sign this paper? - It was.

Then they would not have signed the agreement, unless the half-guinea was paid?- They told me they would not; that was the condition they made.

You would not have parted with this money, unless they had agreed in future not to charge you with unnatural practices? - I should not, for I had been distressed before for two months.

What was your idea, supposing they had made this charge against you, and that you had been brought to trial for for it, did you apprehend it would affect your life? - I did not know; they swore it would; they told me, two days before, that two was enough, but there were three of them would swear away my life; I told them my life was indifferent to me; that was on Monday the 20th, two days before.

Prisoner. Did I sign my name to that paper? - You made that mark, I was present at the time, as I stand here before God.

Court. And he consented to the acceptance of the guinea? - He did.

ARTHUR SIMMS sworn.

I keep a green-stall, in Covent-garden market; and, in consequence of an application from Sharpe, I went to Mr. Sessions', the Northumberland-arms; the prisoner and another soldier (Templeman) were there, in the back parlour; I went in before Sharpe, to ask them if they did not want Mr. Sharpe, the porter at the carpet-warehouse; they said, yes; Mr. Sharpe came into the room directly; I arose up, and said, Mr. Sharpe, are these the two men that have extorted money from you several times? and he said, in their hearing, yes; then I said, gentlemen, what has the man done, that you use him in this manner? they immediately said, he knows; I then asked Sharpe what he had done to these people, whether he was guilty of any thing at all to them; Sharpe then declared his innocence, and the prisoner and the other said he was innocent; then he said they came with a letter from the Duke of York, and put the paper into my hand, and wanted to take him to the orderly room; and they then said, they were to have two guineas to take him to the Duke of York, at the orderly room; I do not know who was to pay him; I then asked Sharpe if he was willing to go; he said, with all his heart; they then said, the Duke would be gone, it would be too late; and they then agreed to take what Sharpe would like to give them; he said he would give them half-a-guinea, and he did give them half-a-guinea; I talked to them both a good while; I asked them why they teized the man so, and that they were young men; I asked them if they understood the consequence of extorting money, and they said my representation of their conduct had had an effect on them, and they would not go that way any more; they agreed to take the half-guinea, and to give Mr. Sharpe a receipt; I told them, if ever they came that way again, nigh-hand me, I should take them into custody. The discharge was wrote by Templeman; and I saw it signed by Templeman; and this prisoner, who could not write, put his mark upon it; I did not hear it read over, to my knowledge; I was very angry with myself that Sharpe would not let me take hold of them; and Sharpe begged and desired I would not, because it would take their lives from them: I am certain to the prisoner Smith.

Court. If I understand you right, the proposal of giving the half-guinea came from Mr. Sharpe, and was not imposed upon him by the prisoner and the other man? - They said they would take half-a-guinea, and should lose a guinea and half by not taking him to the Duke of York; they proposed a guinea a long while, and then came to half-a-guinea.

The half-guinea would not have been parted with by the prosecutor, unless they had given him that discharge? - No, it was on that foundation, that they should not molest him any more; they said no other soldiers could come nigh him, for they were all draughted to go abroad: Sharpe opposed my taking these men into custody, in order to bring them to justice.

Prisoner. Simms, did you see me put pen to paper that night? - Yes, Sir, I saw youtake a pen in hand, and put your mark upon it.

Is the room divided into boxes, or is it one entire room? - It is one entire room; there is a table; I sat by the fire-place, and had a pint of porter; it was a back parlour.

SUSANNAH SESSIONS sworn.

My husband keeps the Northumberland-arms, in Russel-street; his name is Thomas Sessions ; he has kept it almost nine years.

PRISONER's DEFENCE.

In the morning this money was received I was in my quarters; James Templeman asked me to take a walk; coming along with him towards Covent-garden, he said he wanted to settle a business with Mr. Sharpe, that he owed him some money, and he asked me to go with him and see it settled; I said, I had no objection; it was nothing concerning me; he went and called Mr. Sharpe out of the shop; they were talking; I knew nothing of the business; Templeman asked him for two guineas, and said he owed it him; I went with Templeman to the publick-house, and Simms came in before Sharpe; when Sharpe came in, he told Templeman he would not give him the money required; Templeman asked me if I was agreeable to take the half-guinea; I said, it was nothing to me, I was agreeable to go without a penny; Templeman had wrote the note before Mr. Simms came into the place, and pen to paper I never put; Templeman took the half-guinea, and put it into his pocket, and went about his business; and Mr. Sharpe the same: I asked Templeman what that money was for; and he said he owed him a guinea and half more, which he had as much right to as that half-guinea; but he would not tell me what it was concerning, nor I did not know upon what account that half-guinea was given to Templeman.

JOSEPH ASHER sworn.

I am a serjeant in the Coldstream regiment; I know the prisoner perfectly well; I have known him ever since the 31st of January, 1788; he has been a very honest man, as far as ever I knew; I never heard one single instance of him misbehaviour in any one particular; he was under my care, at first, as a recruit; he has been drawn in by the other two.

WILLIAM CLARKE sworn.

I have known him ever since the 5th of January, 1788; I inlisted him at Norwich; his behaviour was always very good, as far as ever I knew, till this time; he bore an undeniable character where I inlisted him.

Asher. The prisoner wishes me to produce a note that was sent out of the cells from the other two people, this morning, to me.

Court. I cannot receive any such thing.

The Jury retired for some time, and returned with a verdict,

GUILTY , Death .

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

65. JOHN GARDNER was indicted, for that he, on the 31st of July, in the 27th year of his majesty's reign, did marry one Ann Barge , spinster, and had her to wife; and that he afterwards, on the 8th of September last, feloniously did marry and take to wife, one Sarah Holt , spinster, the said Ann, his former wife, being then living , against the statute, and against the king's peace.

MARGARET BURGOYNE sworn.

I am servant to the honourable Mr. Talmash. On September 8th last, I was at St. George's church, Hanover-square: I saw the prisoner married to Sarah Holt on that day: Mr. Nash was the clergyman that married them: I knew the prisoner before: Mrs. Holt is alive.

SARAH PAINTER sworn.

I live in Knightsbridge: I get my breadby selling fruit in the street. I saw the prisoner married the last day of July, 1787, at St. Martin's in the fields, to Ann Barge ; I was present: I am sure of the prisoner: I have not seen Ann Barge this month or more; but it is not so much as two months since I saw her: I saw her in Knightsbridge.

WILLIAM GRANT sworn.

I copied the register from the register-books of the two parish-churches, the register of their marriages.

JOSEPH HOLT sworn.

I am brother to Sarah Holt .

- DYSON sworn.

I am groom to the honourable Mrs. Mountague: I was present at the last marriage.

Prisoner. I have nothing to say against it.

GUILTY .

Fined one shilling , and imprisoned one year in Newgate .

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

66. ADAM WARD was indicted for stealing, on the 16th of December last, a piece of ash timber, value 2 d. twenty pieces of leather, value 3 s. two pieces of iron, called screw-wrenches, the property of William Leader ; and a wooden spokeshaft, value 1 s. the property of Richard Lucas .

JONATHAN BRANE sworn.

I was a workman to Mr. Leader: I was coming out of the shop, and I overtook the prisoner with a piece of timber on his shoulder, about two or three hundred yards on the road: I followed him to the Pindar of Wakefield's, and down a little passage where he went in, and took it up stairs: that was his lodging: it seemed like a piece of timber about four foot long, more or less, and four or five inches thick: he had nothing else but his lanthorn: it was near six in the evening, and dark: it was the 17th of December, on a Friday.

Mr. Garrow, Prisoner's Counsel. I understood you, it was a piece of timber, or something like it? - It was a piece of timber represented: I cannot swear it was: I think it was.

JAMES WINTER sworn.

I am a baker and constable of St. Andrews, Holborn. I went with a warrant, and told him my business, and asked him what he had done with that piece of timber that he lately brought home out of Mr. Leader's premises? he said, oh, here it is, in a very careless unconcerned manner: says I, fetch it out, and he brought it out of his room, at the first door in a narrow passage behind the Pindar of Wakefield's: he acknowledged it to be Mr. Leader's property: I neither threatened nor promised him: it was on the 17th of December, about half past eight the same evening: the man was very sober, and in bed: he is a watchman whom Mr. Leader kept to protect his premises: Mr. Lucas was with me: I could not be certain whether it was the first or second door.

Mr. Garrow. Recollect all that the man said when he produced it? - He made a very slight value of it: he said he did not conceive it to be of any value.

Did not he say that it was part of a common sewer in the parish of Pancras; that he thought it of no value, and brought it home to burn? - I believe he did.

(The timber produced and deposed to by Lucas.)

It was formerly a coach-perch, and is not fit for any thing but to burn: I also found several pieces of leather, which he said was Mr. Leader's property, and he brought home to mend his shoes; and one piece of coach-leather, which he said he brought home to mend his spatterdashes, and was of the value of two and six-pence: and here is a tool which I am certain is mine; it is a spokeshaft.

Mr. Garrow. I object to that: it is improperly laid: it is wood and iron, and it is called a wooden instrument: I could cite the case of Senior, in which I had the honour of very feebly assisting your lordship, in which the casements in the Temple were stolen: they were iron and wood, and they were described as iron.

Court. It does not depend upon that particular article.

The jury withdrew for ten minutes, and returned with a verdict,

GUILTY, 10 d.

Whipped , and imprisoned six months .

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

67. MARY CARROLL and SUSANNAH JONES were indicted for stealing a printed cotton gown, value 5 s. the property of Ann Puddiford .

The prosecutrix deposed, that being just come to London, and wanting a lodging, she met the prisoner Carroll, whom she mistook for a decent woman, and asked her for a lodging, upon which she took her to Susannah Jones 's room, and she lost her gown.

VALENTINE RUMNEY sworn.

I am watch-house-keeper: the watchman is not here. About four in the morning, I went into the watch-house, and saw this young woman sitting by the fire, crying: I went to the room door where she had been robbed, but could not get in: on the 8th I took Jones in Newtoner-street, and Carroll I took out of the room.

WILLIAM LANE sworn.

I am servant to Mr. Reed, a pawnbroker. On the 8th of January, between nine and ten, I took in a gown of the prisoner Jones: the other was with her: Jones asked seven shillings on the gown: I offered her five: she agreed to take it: I asked her where she lived: it was her size, and I took it for granted it was her gown.

(The gown deposed to.)

CHARLES MORGAN sworn.

I am round-house-keeper. I went to Newtoner's-lane, and Jones challenged me: and the prosecutrix said, that is one of the girls that robbed me; and she denied it: we took Poll Carroll out of bed; and she said, that was the other that robbed her.

PRISONER CARROLL's DEFENCE.

The young woman asked me in Fleet-street, where she could get a lodging; I said, the French Horn, or the Bull and Gate: she asked me to drink: we had a glass of rum apiece: she asked me to go with me: I told her mine was but a poor place: she went with me: we had gin two or three times; and at home, a pot of beer, a quartern of gin, a pint of beer, and another quartern and a half of gin: there is no fastening to the door; and the young woman jumped up, and said she had lost her gown.

Prisoner Jones. I know nothing of it.

MARY CARROLL SUSANNAH JONES

GUILTY ,

Transported for seven years .

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

68. DAVID GILBERT was indicted for stealing two she asses, value 4 l. and a leather halter, value 6 d. the property of Benjamin Morgan , December 22d .

BENJAMIN MORGAN sworn.

I lost two she asses on the 22d of December last: I locked them up the night before: the stable was broken open.

Macnamara and Charles Bailey took the prisoner with two asses; and Bailey was not a yard distance from him all the time, and was sure he was the man: the prisoner said at the justice's he did it for want.

PRISONER's DEFENCE.

I did not break open the door: I found the asses astray.

GUILTY .

Whipped .

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

69. EVAN JONES was indicted for stealing, on the 11th of January , two bottles, value 6 d. and two quarts of castor oil, value 7 s. the property of Francis Casher .

- CASHER sworn.

I live in the Poultry , and am a druggist . The prisoner was porter to me: I missed some castor oil; and from particular circumstances, was led to suppose he was the man that robbed me: we had been robbed twice that day before: I ordered my servants to observe his pocket: I returned home, and had him into the compting-house; he immediately asked my pardon, and said it was the first offence: I sent for the constable: he searched him, and he found a bottle in his breeches: I had taken one out of his pocket: he was committed.

The constable deposed he was sent for, and desired the prisoner to let him search him; and he gave him the biggest bottle from his pocket: it contained oil: he searched all his pockets, and found three shillings and ten-pence in money, and an eighth of a ticket for this year, and took him to the Compter.

SAMUEL BROMPTON sworn.

I am shopman. On Tuesday, the 11th, I stopped him: he pulled the bottle out, and begged mercy: I went for the constable: when he came, he searched him, and found this bottle of oil on him.

Constable. He gave me the biggest of the two: the other was just taken: whether out of his breeches, or pocket, I cannot say.

(The large bottle deposed to by Brompton.)

I cannot say I know the other: I know it by the mark I put upon it: I cannot say it had never been out of the house.

Prisoner. I am not guilty, my lord.

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

GUILTY .

Whipped .

Tried by the London Jury before Mr. COMMON SERJEANT.

70. EDWARD FELLOWES was indicted for stealing, on the 2d of January , a black silk cloak, value 20 s. a bonnet, value 8 s. the property of Alice Campion , spinster ; and another black silk cloak, value 20 s. the property of Ann Campion , spinster , in the dwelling house of - Campion .

ALICE CAMPION sworn.

On the 2d of January, I left my cloak and bonnet in a bed-chamber: my mother and sister slept in the same room; I saw the black silk cloak that was my property, about two o'clock, and my sister's also, about three o'clock: I saw the prisoner going out of the street-door; he had been a lodger three weeks; I was going out of the door also, and I followed him, and saw part of a black silk cloak hang out of his right side pocket, which was mine; I caught hold of his coat, and took it out; I asked him where he got it? he walked off; he said he did not know; and I called one Daniel Leary , a lodger in the same house, to assist me; he brought him back in five minutes; I searched him, and found my sister's cloak in his left-hand pocket, and my bonnet in his apron, which was double, and the bonnet was put in between theapron, which was like a sack: I sent for the watchman to take him up; I delivered the things to Cockle the watchman.

JOHN WALLIS sworn.

I am a constable. I received this bundle from Cockle the watchman, at the watch-house, on Monday, the 3d of January; it has been in my possession ever since.

DANIEL LEARY sworn.

I am a lodger in the prosecutrix's house, and the prisoner lodged there. On Sunday, the 2d of January, I was called to by the witness, Alice Campion , between two and three; I had been of an errand for her mother; and returning, the young woman called to me, there is the gardener that has stolen my cloak; I saw the prisoner, and she desired me to follow him; I brought him back in five minutes; he said, I am drunk! I am drunk! he came back very quiet; I told him Mrs. Campion wanted to speak to him; there was a cloak and a bonnet found upon him: I fetched the watchman, Cockle, and the things were given to him.

EDWARD COCKLE sworn.

I am a watchman. I was fetched to the house, and Mrs. Campion said she had a thief who had robbed her; and she gave me two black silk cloaks and a bonnet; and I took charge of the prisoner, and locked him up in the watch-house.

Wallis. These are what I received from Cockle the watchman; they have been in my possession ever since.

(Deposed to by Alice Campion .)

ANN CAMPION sworn.

I am the sister. I had a black silk cloak in the chamber; I saw my own cloak about nine in the morning; my sister shewed me my cloak about three in the afternoon, after he was brought back; I knew it again.

(Deposed to.)

PRISONER's DEFENCE.

I was very much in liquor that day, and I do not know what I did; I must leave it to the mercy of the Court; I have been twenty-five years in Ipswich, and have nobody here.

GUILTY, 39 s.

Transported for seven years .

Tried by the first Middlesex Jury before Mr. Baron THOMPSON .

71. GEORGE MEADOWES was indicted for stealing, on the 14th of December last, four pounds weight of soap, value 2 s. the property of John Champion .

JOSEPH SMITH sworn.

I am servant to Mr. Champion; he is a dealer in soap . On the 14th of December, about five pounds was missing, of yellow soap; it was value about two shillings; I did not see the prisoner take it; I had no knowledge of him; I was driving the cart along the curtain road; and I went through the turnpike, and the turnpike-man said, there is a man has taken two cakes of soap; and I stopped, and ran after him; he ran and threw the soap away; it was in the road; it was the prisoner at the bar: there was a bricklayer took him in my presence, at the same time; we took him to Shoreditch, to Mr. Armstrong's; I found the soap behind the buildings; I was present at the justice's, and he said a man gave it to him; I am sure it was him; he was running when I first saw him; he was the person that throwed the soap away; there was no other man near him.

ANN NORTON sworn.

I was going across the road between nine and ten, of a Tuesday, December the 14th; there was two men at the back of the cart; the turnpike-man called, and he put it under his left side, with one button or two; the other man followed the cart, till the turnpike-man spoke, and then hemade off; I sent the young man after the man that took the soap; and one Ditchman stopped him; I am sure the prisoner is the man; I saw him take out a quantity of soap; it was between nine and ten; I was some time seeing him.

The prisoner called two witnesses to his character.

GUILTY .

Transported for seven years .

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

72. SOZE DE SOUZA was indicted for stealing, on the 24th of December last, twenty-four guineas and a crown-piece, and a watch with a silver case, value 20 s. a purse, value 1 d. and six shillings in monies numbered, the property of Gregory Lacey , in the dwelling house of William Groves .

GREGORY LACEY sworn.

I live in the parish of St. John's, Shadwell . I have lodged with William Groves , who has lived in the house ten or eleven years; there is one common door to the house; I am a ballastman ; I am a staffs-man of a lighter; I have the charge of her; I had twenty guineas in a purse, and four guineas loose, and six shillings in silver, and a crown-piece, and a silver single cased watch; I saw it on Wednesday, the 22d of December, between one and three; I looked at the money, and counted it, and locked it up, and took the key; the purse was silk; my room was up one pair of stairs: On Friday, the 24th of December, I missed my money; when I came home from work, I wanted dry clothes; I took no notice of my chest from Wednesday till Friday, about three or four in the afternoon; then I went to unlock my chest, and found it was broke open; the staple was wrenched off, and the lid wrenched up; and I missed all the money, and watch; one crown-piece was left behind; the purse was taken also; I had some clothes in my chest which were not taken; I saw my watch and my purse again on the Sunday following; the money I could not swear to; the watch and purse were in the hands of William Elby , an officer, and thirteen guineas and a half, and eleven shillings and three six-pences, and a crown-piece and two watches, neither of which was mine; the prisoner lodged in the same house with me from the Monday before, and went away on the Sunday following.

WILLIAM GROVES sworn.

I have kept this house where Lacey has lodged, near upon eleven years. The prisoner came to me on the 20th of December, to lodge, on Monday, Tuesday, Wednesday, and Thursday, with a little lad of mine; on Friday morning, the prosecutor went out out to work, about three in the morning, and left the prisoner in bed; I returned soon after him, and he said he had lost twenty-four guineas and a watch, and one crown-piece and six shillings; we had no suspicion of the prisoner then, but he went out in the afternoon about four or five, and did not return till Saturday morning; I asked him where he had been all night? he said, to some woman he knew in New Gravel-lane, and had a two-penny lodging, as it was late, and he would not disturb us; on Saturday he was at home best part of the time, till the evening; Mr. Lacey and he sat by the fire-side; and he said to Lacey, who was very uneasy, do not you fret, good Sir, you will have your money again; on Saturday night he laid at my house; on Sunday morning he breakfasted with us, and asked when dinner would be ready? we told him about two; but he never returned in the course of the day; he went out between nine and ten; and we never saw him till the evening, when he was in custody at the Spread-eagle in Gracechurch-street; I went to apprehend him with Elby and Forrester; and he had taken the coach to go to Portsmouth thatevening; on searching him, were found thirteen guineas and a half in gold; it was loose in his under waistcoat pocket; he had three jackets on; and in the other pocket on the other side, there was a crown-piece, ten shillings, and three sixpences; on searching him farther, a watch was found in his fob pocket; the chain hung out; and on the other side, another watch concealed in his pocket; the string put in; he made very little resistance at that time; we took him into custody; and he confessed he had put the money under a stone in my yard; we went to look for it, but found nothing; then Elby came and fetched the prisoner; and there was a barrow full of old bricks; the prisoner pointed with his hand as well as he could, and said, there was the purse; and Elby picked it up; and he said he had taken the money, which was seventeen guineas, in his shoe, and taken it down to the Angel, Stone Stairs, near Ratcliffe-cross, and left it with the landlady till called for; we went to the landlady for the money; and we found the prosecutor's watch there; she delivered it to Mr. Elby.

ANN BLENKINSOP sworn.

I have the charge of my father's house, at Stone Stairs; he has lost his eye-sight. I know the prisoner; I first saw him a few days before Christmas; him and his landlord, and the waterman, and another shipmate, had a pot of beer, and went away, and once or twice after. On Friday, the 24th of December, he came in about eleven in the morning, and the landlord was with him I am certain; they made no stay; he asked for the waterman; he went out, and I think he did not stay above half a minute, and returned again alone; he said he wanted to speak to me; I went into the back room with him; then he said, would I take care of his money which he had for his wages? I told him, yes; he said he was afraid of losing it in bad company; he took off his shoe, and put seventeen guineas into my hand, which he took out of the shoe; but it was not in a purse; I promised him to take care of it; he desired I would give it to nobody but himself; I said I should not, without his order, and he went away; I put the money up stairs in a purse; I saw no more of him till Sunday morning, much about eleven; he came and said, I want to speak to you; and I went into the same room; and he said, you shewed my shipmate a watch which I will buy of you; I told him he knew the price of it; and I brought down the watch, and he said, give me the balance out of my money; he said, three guineas out of seventeen, there is how much? I said, you know there remains fourteen; and I asked him if he wanted his money? I said, you had better take what you have occasion for, and leave the rest in my hands; he said, no, his captain had laid him a wager that he had spent his money, therefore he would just take the money in his pocket to shew to his captain, and bring it back at night for me to take care of; I went up stairs and brought down the purse I had put it in, and he took it, and said, good morning; when he got half way out, he turned back and said, he had bought a watch of one of his shipmates for half a guinea, which he wished to have cleaned, would I get it done for him? I told him yes, and he gave me the watch; I looked at it, and told him he had bought it very cheap; I said, I supposed as he had bought the other of me, he would sell that; and if so, he had better have a new face put on her, and some little alterations which I pointed out, which would make the watch sell much better, and cost seven or eight shillings; he then said he would have the chain of the old watch put on to the new; but he said, it was no matter, he would take it as it was, and left the watch in my hands; I saw him no more till I saw him before the justice on the Monday. On the Sunday night, Elby came, and I gave him the watch; I told them of the money, which they seemed to know nothing about.

WILLIAM ELBY sworn.

I am a constable. On Sunday, the 26th of December, about six o'clock, a young man came to me and said, he suspected a man was guilty of the murder of the man and woman some time back; and he described the prisoner; I had seen him before, and I apprehended him with Forrester and Groves, at the Spread-eagle, Gracechurch-street; the stage was pretty nigh getting off; I went into the tap, and seized the prisoner; he asked me whether I was going to Portsmouth? Forrester and Groves came in; I searched the prisoner in a back room, and found on him, in his inside waistcoat pocket (I saw only two waistcoats; he might have three) thirteen guineas and a half: I searched him farther, and in the pocket on the other side, I found ten shillings in silver, and three six-pences, and a crown-piece by itself, in his trowsers pocket, on the right hand side; I had heard of Lacey's robbery, and finding this crown-piece, I suspected the prisoner to be the man that did this; and this watch I found in his other trowsers pocket, concealed, with no appearance of a chain; he said he gave three guineas for it; and on the other side was this watch with the chain hanging out; we brought him to Mr. Lacey, to the Black Horse in Goodman's-fields; neither of those watches were Lacey's; I had no conversation with the prisoner, nor heard any promise or any thing between Groves and him: I went to Mrs. Blenkinsop's, and found the prosecutor's watch; and the prisoner went with me, and shewed me where the purse was, under some bricks; I took it up; the prisoner said he did not break open the chest, but the person who did, had four guineas for his trouble; I never heard the prisoner say any thing about the money left with Mrs. Blenkinsop: the prisoner bore a very good character on board of ship, both from the captain and mate; his ship had not been up a week, therefore he could not have been the man that did the murder.

(The things produced and deposed to.)

Prisoner. I have nothing to say, only I wish to have my own watch.

GUILTY , Death .

Trid by the first Middlesex Jury before Mr. Baron THOMPSON .

73. ANN RHODES was indicted for stealing, on the 16th day of May, 1789 , one pair of brilliant diamond ear-rings, value 100 l. one watch with a gold case, value 10 l. a steel chain, value 10 d. a silver cream-pail and ladle, value 3 l. and a silver half-pint mug, value 2 l. the property of Robert Daniel , in his dwelling-house .

ROBERT DANIEL sworn.

I live at No. 12. Devereux-court ; I am a builder : in May, 1789, the prisoner nursed my wife; on the 13th of May they came from Islington home, and I looked in the drawers on the 14th, to see if any thing was missing, and all was safe, and I brought them down stairs; on Friday the 15th, about one, says my wife, there is somebody going up stairs; says I, it is only the cats; and in the morning I went to go into the room; I could not get in; I tried again; says nurse; may be I have given my mistress the key of my door; so she took out the key; this was on Saturday morning the 16th: on the Saturday night the prisoner was sent for some spinage, and never returned; I saw her no more till she was taken, which is almost twenty months since the robbery; and on the Monday se'nnight after she went away, I missed the milk-pail and ladle, and then all the other things; I had hand-bills circulated about, and in half an hour after Mr. Jones produced the cream-pail and ladle; I never recovered any thing else; I advertised her for a fortnight, and met her about three weeks ago.

Mr. Garrow, Prisoner's Counsel. You have known this woman a great many years? - Yes, I suppose 18 or 20 years.

You knew her when she lived in the family of Mr. Fonseca? - I did.

He was a man of property, and a near relation of yours? - That may be; I did not know he was any relation of mine.

Do you say that gravely now; not so near a relation, I should think, as a father? - No.

Never understood to be so? - No.

This woman lived in lodgings of her own till she came to your family? - I believe she did.

Have you so good a reason for believing it as having visited her at her lodging very often? - I never was there above once or twice.

How long had she been a nurse to your wife? - About five or six weeks.

Your wife is an ancient woman, is not she? - Not very young, nor very old; not so old, I suppose, as sixty.

Upon what terms was this woman invited to come into your family? - I met her; says I, do you know any body that goes out a nursing? she said, yes; for, says I, my wife is very bad; I want a woman of a humane good disposition; I shall be obliged to you; she said, I know a very honest woman; she sent her down; the woman was thick of hearing, and she could not talk to her; she sent her away; in the course of that time she came.

She did not come with any express invitation of yours? - No, she did not.

You did not hear her say she was afraid of being arrested? - No, I did not; I thought her as honest a woman as ever God put life into; I thought no more of her than I should have of you, if you had been there.

Did you ever give her any of the things? - No.

THOMAS JONES sworn.

I am a pawnbroker, in Fleet-street; I produce a milk-pail and ladle (deposed to): on Saturday the 16th of May, 1789, to the best of my remembrance, a woman came to my shop, and offered a milk-pot and pint mug to pledge; I asked her whose property they were; she said Mr. Ingold's, whom I know very well: I cannot speak to the woman: my man knew her, and said I was perfectly safe in buying them; I bought them; I did not send to Mr. Ingold, to make any inquiry; I received the hand-bill a week after; they are worth eight or nine and thirty shillings; I gave 3 l. 6 s. for all together.

JOSEPH LITTLER sworn.

I was servant to Mr. Jones in May, 1789; I know the prisoner, and had known her for about three years; she has several times pledged things for Mr. Ingold; on the 16th of May she came to Mr. Jones's shop to pledge a milk-pail and ladle; the half-pint mug was weighed to our workman, a spoon-maker, because we did not know of the robbery till it was melted; I made no remarks on the half-pint.

MARTHA HATCHETT sworn.

I was servant to Mr. Daniel at the time when the prisoner came nurse there: on Saturday night, the 16th of May, she said she was going out of an errand; she said she would return, but did not, I left the family the 18th of May; my month was up then.

She was recommended to mercy by the prosecutor.

GUILTY , Death .

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

74. FRANCES SMITH was indicted for stealing, on the 8th of January ; one pair of cotton stockings, value 2 s. the property of George Phillips .

ELIZABETH PHILLIPS sworn.

I lost my stockings: the prisoner came up, and asked if my name was Phillips, and if I took in washing; she said she came to tell me of a family's washing, at Mr. Martin's, No. 24, in Berner's-street; she told me to go there, and enquire for the housekeeper, Mrs. Smith; I was to have the family's washing; I asked her how shecame to hear of me; she told me it was a Creole family; I asked her if there were any black servants lived in the family; she told me yes, two; I asked her if the footman was a black man; she said yes, and his name, but I could not recollect any person of such a name; she had a child in her arms, which cried; and it being very cold, I asked her to warm the child by the fire; she thanked me, and went; she sat some time, and I gave her some bread and butter, and milk and water, for it; she staid about three quarters of an hour, and bid the child say taa, and went away; soon after, I missed a pair of stockings, from just over her head, which hung on a line; there were four or five pair hung over them; they were the best: I saw the stockings again, in the possession of Hatch, the constable.

ROBERT HATCH sworn.

I am a constable; I apprehended the prisoner last Saturday, between eleven and twelve, on another charge; I found these pair of clean stockings in her pocket.

(Produced, and deposed to.)

Prisoner. I picked them up at the street-door: I am with child.

GUILTY .

Fined 1 s. and imprisoned six months .

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

75. ELIZABETH BLACKWELL was indicted for feloniously breaking and entering the dwelling-house of Daniel Delaney , about the hour of one in the afternoon of the 4th of January , himself and family being therein, and stealing one silver table spoon, value 10 s. 6 d. and one silver fork, value 10 s. 6 d. his property .

ROBERT TOWLEY sworn.

I am butler to Daniel Delaney , Esq ; in Downing-street, Westminster ; I saw the fork and the spoon, mentioned in the indictment, on the 4th of January; I went out; and when I returned, I found the prisoner in custody.

EDWARD WILSON sworn.

I am servant to Mr. Daniel Delaney : on the 4th of January I cleaned three silver forks and one silver spoon, and some knives; I put them in the butler's room, below stairs, about one, in a tray; I went out of the room and shut the door after me, and went into the kitchen; and in about ten minutes I went again into the butler's room, and came out and shut the door after me; I went again in about ten minutes, and the door was then shut; and I looked out at a large window, which is in the room, and saw the prisoner going out up the steps in the area; I followed her, and she had got just into the narrow part of the street; I asked her what she did down the area; she made me no answer, but kept her right-hand to her apron, which was rolled up; I asked her what she had there; I told her I must see; I unrolled her apron, and the spoon fell out, and I took the fork out; I asked her where she got those things; I took her back to the butler's room, and she pointed her left-hand to the tray, where she had taken them from; I said nothing to her; I told her to stop; I kept her till my fellow-servant came in, about ten minutes, and shewed him the spoon, and told him, and he said he would acquaint his master; and she was committed; the constable has the spoon and fork: there is a door at the bottom of the area.

SAMUEL TAYLOR sworn.

I apprehended the prisoner, and took charge of the things.

(Deposed to.)

Wilson. The servants have occasion to go out and in at the area.

Prisoner. I was a poor woman; I went down to ask for a bit of victuals, and I sawthem laying at the kitchen door, and took them up.

GUILTY of stealing .

Transported for seven years .

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

76. WILLIAM NELSON was indicted for feloniously assaulting Elizabeth Harrison , jun. on the 3d of January , in the King's highway, and putting her in fear, and taking two muslin gowns, value 20 s. and divers other things , the property of Elizabeth Harrison , widow .

(The witnesses examined separate.)

ELIZ. HARRISON, jun. sworn.

I am daughter to the prosecutrix; she is a widow, and lives in Boar's-head-passage, Smithfield; she takes in washing ; I was going with a bundle of dirty linen, on the 3d of January, along Weymouth-street, Marybone, about half past five in the evening, my mother with me; there were two muslin gowns, a callico gown, a child's frock, two table-cloths, a napkin, a pair of pillow-cases, and six towels; I brought the bundle from Beaumont-street, No. 3, to wash; I was coming home; just by Portland-place , two men seized the bundle from under my arm, and tore my apron off with it, which was partly under the bundle, to rest it; they just snatched it, and run away; they both had hold of it; I just saw the glimpse of their hands; one of my apron-strings was broke away, and I lost my apron too; they said nothing to me; I ran after them immediately; my mother had a great load on her head; she stopped; I had the man in sight all the time who had the bundle; he run to Weymouth-mews, and I met two men, and told them; they ran after him, and took him into a publick-house in the mews; I saw him directly; it was the prisoner; I cannot say by his face, but he had a light coat on; the prisoner asked me if he was the person that took the bundle; I told him I could not tell, I was sure, for I never minded his face: the bundle was given to the constable.

ELIZABETH HARRISON sworn.

I am mother of the last witness; I was coming home from Beaumont-street with a great load of linen on my head, to wash; my daughter had a bundle under her arm, and hold of her apron; her hand was on her apron: about Portland-place, I heard her cry out, Oh Lord! I am robbed; I perceived two men's hands on the bundle, and I saw it snatched away; they both ran away; one struck across the way, that was him which had the bundle; my daughter ran after him; I stood crying, and two men came up to me; I told them what had happened, and they ran after him and took him; their names are Raper and Booth; I got across the way, and the child came to me with the bundle again; in about a quarter of an hour, I was going home, and the men came after me, and said I should take him up, and they brought me back again; then I saw the prisoner in custody of the two men; the two men seized the bundle together; I observed the glimpse of the colour of his coat when he took the bundle, but he was as quick as lightning; it was a lightish colour; I did not see his face; I had not time to observe only to the prisoner's coat.

SAMUEL BOOTH sworn.

I live at No. 14, Barlow-street, Marybone: on Monday the 3d of January, coming along Portland-place with a friend, Mr. Raper, the corner of Weymouth-street, I heard the cry of stop thief! upon which I saw two men running; they both run across Weymouth-street into Weymouth-mews; one of them had a white bundle; we run up to the top of the mews, and there is no thoroughfare; and a man with a blue coat or jacket run past us, coming back again, and I stopped the prisoner and took a bundle out of his hand; he was returning also; I gave the bundle to theyoung woman, who ran up after us; I collared the prisoner with Raper, and we took him to the Dover-castle, in Weymouth-mews, and sent for a constable, and took him to Justice Reid's; he said nothing at the publick-house about the bundle; I could not see the men properly, but the bundle; I never lost sight of the bundle.

LEONARD RAPER sworn.

Deposed to the same effect, and that the prisoner came by, and said, the thieves are run the other way, but I have got the bundle; I said, it is very well, the poor girl will get her bundle again: Mr. Booth came up to me, and we collared him, and took the bundle; we took him into the publick-house, and sent for a constable; and he was committed; I never lost sight of the person who had the bundle; I never saw the bundle put down; I saw only two persons in the mews; one that came by me, and the other that came with the bundle, which is the prisoner.

Booth. We were not twenty yards distance; I am very sure I saw the bundle all the time.

CHARLES BAKER sworn.

(Produced the things.)

Mr. Booth gave me the bundle at the magistrate's; it has been in my possession ever since.

Booth. I delivered it to the girl at first, and when I went into the publick-house I took it again, and carried it to the justice's, and gave it to the constable; it was opened there, and I marked every article by desire of the justice (deposed to by Mrs. Harrison): the string of the apron was torn off, and it was torn in the middle of the binding; I picked it up on the pavement, a yard from the place where he seized the bundle.

PRISONER's DEFENCE.

I was coming at the end of Portland-place; I heard the cry of stop thief! I perceived two men, one in blue and the other in a light drabbish coat; and I heard two women cry stop thief! and immediately the man in blue passed me; I followed him, and he turned down the stable-yard in Weymouth-street, on the right-hand; I followed him, within ten yards of him; I saw him heave something from him white; I crossed over to stop him; he knocked me down; then I picked up the bundle to give it to the person it belonged to, which I did, and gave it to the gentleman.

GUILTY of stealing, but not violently .

Transported for seven years .

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

77. JAMES POOD and THOMAS MURRAY were indicted for stealing, on the 12th of January , two silver tea spoons, value 5 s. and one metal watch, value 20 s. the property of Christopher Collins .

CHRISTOPHER COLLINS sworn.

I am master of a man-of-war : about two months ago I came home from America; the two prisoners lived with my wife, at the Fountain, in Cheapside ; Pood was discharged my service on Christmas-day; at tea-time two silver spoons were missed; last Tuesday I took my family to dine with me on board the ship, at Deptford; the watchmaker who had my wife's watch to repair, he brought it home, and gave it to one of my servants, and it was missing on the Wednesday; I had some suspicion of Murray having the watch, having more money than is usual for such boys to have; I desired him to confess, and promised him every lenity I could; I went, on the boy's information, to the pawnbroker's, and found the watch and spoons.

ROBERT PAYNE sworn.

I am servant to Mr. Berry, pawnbroker, Ludgate-hill: on the 27th of last December, the prisoner Murray brought two spoons to pawn, and said they were his mother's,in the Old Change, upon which I advanced him 3 s. On Tuesday the 11th of January he brought a watch, and I lent him a guinea.

(The watch and spoons produced.)

GABRIEL JOHNSON sworn.

I am a constable; I only took the charge.

Prisoner Murray. I pawned the spoons.

JAMES POOD, NOT GUILTY .

THOMAS MURRAY , GUILTY .

Privately whipped , and discharged, and delivered to prosecutor.

Tried by the London Jury before Mr. COMMON SERJEANT.

78. PRISCILLA HODDER was indicted for stealing half-a-guinea, two half-crowns, and three shillings, the property of William Hebborn , privily from his person .

WILLIAM HEBBORN sworn.

I am a cooper ; I live in Gravel-lane, Southwark; I was coming from Bridgewater-square, Barbican, about 12 o'clock in the night; the prisoner was standing by a publick-house door; she asked me to give her a glass; I was rather in liquor; I gave her 6 d. and a glass; I drank none myself: when I came out, she stroked me down; a man was coming by, and told me to take care of my pocket; there was half-a-guinea, two half-crowns, and three shillings; she took it all; I told her, if she would give me the half-guinea, I would forgive her the rest; but she would not; for I did not want to have any thing to do with it; I never was before any of your justices before: the watchman took her to the watch-house, and searched her, and found nothing about her, but her hand clinched, and there was the money in her hand.

Mr. Peatt, Prisoner's Counsel. What o' clock was it? - About twelve.

You was boozy? - I could walk very well, and knew what I was about; I saw nobody but the watchman, the woman, and myself.

You told the woman you would not prosecute her, if she would give you the half-guinea? - I did.

WILLIAM WRIGHT sworn.

I am officer of the night; I took the prisoner into custody, and searched her, but found only sixpence, which the prosecutor gave her; on looking at her, I saw her hand closed; I caught hold of it, and found half-a-guinea and eight shillings; he promised to forgive her, if she would give him the half-guinea.

JOHN NEWMAN sworn.

I am constable of the ward. (Deposed the same as the last witness). I found the money in her left-hand.

PRISONER's DEFENCE.

The prosecutor gave me sixpence first; then he gave me the rest of the money himself, and told me there was half-a-guinea among it.

Prosecutor. I declare, upon my oath, I never gave her only one sixpence.

The prisoner called two witnesses, who her a good character.

GUILTY of stealing, but not privately .

Transported for seven years .

Tried by the London Jury before Mr. COMMON SERJEANT.

79. PETER SEDDON was indicted for stealing a cambrick pocket-handkerchief, value 2 s. the property of the Right Hon. Lord Cavan .

Lord CAVAN sworn.

The prisoner was servant to me; I sent him on an errand; in the mean time, a pawnbroker came and produced a cambrick handkerchief which was mine.

The pawnbroker deposed, that the servant offered him a handkerchief to pawn for a shilling; he looked at it, and saw a coronet upon it, and the prisoner said Lord Cavan gave it to him: he had Lord Cavan's shirt on: he was secured.

(The handkerchief deposed to.)

Prisoner. I found the handkerchief as I was going out of the house, I did not know who it belonged to, and I went to pawn it for a shilling.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

80. ANN ( wife of Thomas) SMITH was indicted for stealing 50 yards of linen cloth, value 50 s. the property of Edward Gillam .

- HACKER sworn.

I am packer to Messrs. Moore and Co. Cheapside; the goods were packed on the 8th of December; I gave them to the porter to take to the inn; they were marked

" J. Peckham , Wisbech."

WILLIAM HACK sworn.

I delivered the packages to the bookkeeper of the waggon, in Bishopsgate-street.

WILLIAM HAYLEY sworn.

I am book-keeper of Mr. Edward Gillam 's waggon; I received this from the last witness, and saw it put into the waggon, and the waggon set off.

THOMAS WILKINSON sworn.

I drove the waggon; I took up the prisoner at the Black Dog, Shoreditch, and a man; she said she was going to Waltham-cross, but did not go all the way; she got out at Tottenham.

BENJAMIN BUTT sworn.

I am the guard; this woman got out at Tottenham; I searched the woman, and under her petticoat, on one side, kept up by some of the bindings of the clothes, I found this cloth; it has been in my possession ever since; the man and woman went in together; she spoke in presence of the man; he went into the room before her, and the waggoner followed her.

- Hacker. This is one of the packs; it is the same that I sent to the waggon; the private mark has been rubbed off.

Prisoner. The man is my husband; we were together; he gave me a blow, and I was obliged to take this bundle; he was a bad husband.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

81. ANN COX and MARY DESBOROUGH were indicted for stealing, on the 18th of September , one copper pottage pot, value 2 s. one blanket, value 12 d. a shift, value 2 d. and a flannel petticoat, value 2 d. the property of Thomas Goble .

THOMAS GOBLE sworn.

I live at Richmond; I lost the things in the indictment; the youngest prisoner, Mary Desborough , is my wife's daughter; she had lived with me two years; she lived, when I lost the things, with Ann Cox ; all the things in the indictment were found in Ann Cox 's house; Mary Desborough acknowledged the things to be mine; they have no marks.

HENRY WICKHAM sworn.

I received the things of the prosecutor; the prisoners were in custody.

Court. Are the things in the same state and condition as when you received them? - No, they are blacker.

Prisoner Cox. I know nothing of it.

Prisoner Desborough. I took the property, and gave it to him directly.

ANN COX , NOT GUILTY .

MARY DESBOROUGH , GUILTY, 10 d.

Privately whipped .

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

82. JOHN WALLIS was indicted for assaulting Joseph Cutforth Hill , on the king's highway, on the 6th of January , and putting him in fear, and feloniously taking from his person, and against his will, a watch with a metal case, value 40 s. a silk handkerchief, value 1 s. and four shillings in monies numbered, his property .

(The witnesses examined separate.)

JOSEPH CUTFORTH HILL sworn.

I live at No. 21, Great Russel-street, Covent-garden; I am a linen-draper . On the 6th of January, Thursday evening, about seven in the evening, I was going to St. Paul's-church-yard, from my house; a few yards before I came to the corner of Norfolk-street, where there is a pastry-cook's shop, I perceived a croud there, being twelfth night; I thought it most prudent to avoid that croud, being on the footpath; on stepping from off the curb-stone, I found myself pushed by several men, that I could not get off; they pushed me about violently; and from some words they uttered, I apprehended I was in the hands of pick-pockets.

Did it appear to you that the pushing was done by design or accident? - I think by design, and thought so at the time, and endeavoured to extricate myself; there appeared to be seven or eight, some behind and some before; but they seemed, as itappeared to me, to be particularly engaged about my person; one man in particular pushed me on the left shoulder, on the pavement, from the way I was stepping; I could but notice him; that was the prisoner; they uttered bad words of swearing, such as where are you going, and damn you, what are you about? I saw him about before; I cannot say he said those words, but he was among them; he put his shoulder against mine; I had my left shoulder that way, with his left shoulder; I found myself quite impeded going along, and found myself in a very disagreeable situation; the croud these men made, was a distinct body from those about the pastry-cooks; I was drove more towards the pastry-cook's; and I was pressed up between two men, much nearer the pastry-cook's than I was at first; I made an effort to extricate myself, intending to use a good stout stick I had in my hand; I drew it up, and found I could not use it; it was held by somebody behind me; there was a pressure upon it which disabled me; at the same time that I attempted to raise my stick, I felt my watch drawn from out my pocket: I can only say I felt it drawn suddenly in a very few seconds; I made an effort with my left hand to save my watch; and I caught it at the moment it was jerked out of my pocket, and held it with one hand, while some man held the chain on the other.

Was it in fact taken out of your pocket? - Yes; I had it naked in my hand, and some man had hold of the seal; I held it fast; I suppose I caught it at the very instant it came out of my pocket; I am sure I did not secure it till it was out of my pocket; it was separated from my fob, before I secured it again; I cannot say I saw it in the hand of any person; the watch in the scuffle was injured; I pressed into the pastry-cook's shop as a place of safety; and I was standing at the door of the pastry-cook's; I found myself still pushed by the prisoner and others that I had seen before; and I held up my stick to strike them: I thought it audacious; I saw the people by whom I was surrounded, go off towards the New Church in a body; and the person I particularly noticed, went last; then I pursued my business: I found I had lost a silk handkerchief and some silver: I do not think the particular man I spoke of, took out the watch, or took the silver and the handkerchief; and going along, I reflected on this transaction: I thought it a great evil, and made up my mind to go and get assistance and take them: I went to get assistance; and going through St. Martin's-court, near a pastry-cook's shop, going to Cranbourn-alley, I saw those very men whom I met in the Strand: I think they were all the men: but this particular man was there likewise: I stopped for a second or two: they were walking to and fro: I perceived that man particularly: they were dressed in blue coats, made me know them again: I then went as fast as I could to Cranbourn-alley, to my friends: I desired them to take a stick a piece, and follow me, for I said I have been stopped in the Strand, and robbed; and knowing where the prisoners are who did it, I am determined fully to do it: the name of one is Mr. Hill; the other is Charles Scott : they are not here: we went to St. Martin's-court: I told them I should point out a particular man, as I was sure of his person: I again saw those men: I pointed out one man: he was about two yards distance: that was the particular man I have described; and I said, that is one of the thieves: that man immediately ran off through the croud, towards St. Martin's-lane: I made the observation quite aloud, that he might hear me: he ran towards St. Martin's-lane: I verily believe he saw me: he looked round, and darted off: I pursued him, and the persons that were with me: I missed him half a minute: then saw him again in Crown-court, and returned into St. Martin's-court again: I saw nothing of him till I came to the broad part of St. Martin's-court: I saw this very man again talking to a great number: they stood very near each other, and appeared to be talking: I took hold of this man's collar, and desired him to come along with me, for he was one of those that stopped me in theStrand: he made no answer, but struck me a blow on the face, and knocked me against a stationer's window: at the same time I was assaulted by a great number of sticks, ten or a dozen: they beat me pretty sharply about the arms and shoulders: at the same time I was engaged with that particular man I have described before: at the same time my friends rendered me all the assistance they could, and knocked one or two of these men down, and took one of their sticks: I struck Wallis on the head, and knocked him down: he got up, and essayed to strike me again, and I struck him again on the arm: he then fell on his hands and knees, and crept under a butcher's bulk, and begged I would not strike him again: the patroles came up, and I delivered him to them: he was taken to Sir Sampson's and examined, the next day, and committed.

Court. Who was that one man in particular, that pushed you to the window of the shop? - The prisoner.

That was the same man you afterwards apprehended in St. Martin's-court? - Yes.

Had you made any particular observations of him before that time? - No; they commenced then.

Did he appear to you at that time, from his general behaviour, to belong to the others that were about you? - Yes; he had that appearance all the time.

Can you say whether he was or was not one of them that uttered those words you spoke of? - I cannot; but he was the most active person in the transaction, which caught my attention the more.

He was the man that pushed against your left shoulder, and pushed you up against the shop-window? - Yes; he was the man; I have not the slightest doubt about it; if I had, I would happily decline giving that evidence; when it first commenced, there was no more than the common lights of the common lamps, when I was first assaulted; when I was pushed up nearer to the shop of Mr. Golden, a linen-draper, and when my watch was taken out of my pocket, I had still better light from the pastry-cook's shop.

Then the man most active in surrounding you, was the prisoner? - Yes, he was; he had a much lighter coloured coat on than any of the rest; a lightish coloured drab great coat.

Had you any opportunity of observing his countenance by any of those lights? - I observed his countenance particularly; he had a round hat; his hair was black, and tied behind; that I particularly noticed.

You are sure this was a distinct body of men, to those that were assembled about the pastry-cook's? - It appeared very clearly so to my mind.

Who was the man that you meant to point out as the person that was loitering at the door of the pastry-cook's? - That person, to my firm belief, was the prisoner at the bar.

Was the prisoner at the bar the person, whom seeing loitering at the pastry-cook's shop-door, you thought of striking with your stick? - Yes.

Had you time enough, while you was at the door of the pastry-cook's, to make such observations as to know whether he was the person that first shoved you on the pavement? - Yes; I had time enough for that, and light enough for that; there was a glare of light there; the prisoner is the man whom I alluded to as one of the thieves; and he is the man who on hearing that, turned round, looked at me, and ran away.

Is he the very man, whom after you had pursued and lost for a time, you saw again in the same coat? - Yes, he is the very man.

Is the prisoner the man whom you then took hold of by the collar, and desired him to come along, telling him he was one of those that stopped you in the Strand? - Yes, I made use of that expression.

Is the prisoner the man that made a blow at your face? - Yes.

The prisoner was the man that got under the butcher's block? - Yes; I believe he gave charge of me.

Now, upon your oath, and considering the serious consequence of the prosecution to the prisoner, have you any doubt? -Consistent with the duty I owe myself and and the public, if I could possibly doubt it, I would express that doubt in favour of the prisoner: the enamel of my watch, I believe, dropped off in consequence of that scuffle.

(The watch produced; the whole of the enamel gone.)

Mr. Garrow, Prisoner's Counsel. I take it, on the out-set, that you mean to convey to my lord and the jury, that you conscientiously believe, without the smallest degree of doubt, that whenever you speak of the man as the particular man, that you mean the prisoner? - I do.

How many minutes might the transaction in the Strand have occupied? - I cannot think of ascertaining the quantity; a very few.

Such as two or three? - More than that; it was a very short time.

And you was as every man in your circumstances must have been, in great confusion? - I was.

No person who was in your company in the Strand, is here to night? - No.

No person who was in the pastry-cook's shop is here? - No.

Your two friends who assisted you to secure the prisoner, are not here? - No.

The only persons who are here, are the two patroles to whom you gave charge of the prisoner, and who gave a charge of you? - Yes.

In St. Martin's-court you observed two or three blue coats? - Several, I did.

My lord asked you a question, which in the course of the examination we had not an answer to; that is, about how long it was before you went to St. Martin's-court? - I rather decline computing the time.

About how long? - I cannot say.

Was it half an hour? - More than that; I suppose it might be three quarters of an hour before I returned to my own house from the pastry-cook's in the Strand.

In the course of that distance you must have passed and repassed a good many pastry: cook's shops? - Yes.

And of course on a Twelfth Night, you must have passed a good many crowds of persons? - Yes.

On those nights I am told, that wherever there is a particular shew, there are mischievous boys marked in tacking ladies gowns and coats to posts? - That is very well known.

And there are other mischievous things done? - I do not know.

But there is a great throng? - Yes.

I believe that it is a very common thing, I believe it is almost a universal one, for the pastry-cooks to have a constable at the door-on such nights? - It is very common.

When you retired to the threshold of this pastry-cook's shop, as a place of safety, you thought the conduct of the prisoner was very audacious? - I did.

Did you make any alarm to the people of the shop, or the constable, or any body else there? - No, I did not.

In your way, in going to your friend's in St. Martin's-court, you saw the same man again? - I did.

How long might it be after you had passed through St. Martin's-court to Cranburn-alley, before you returned? - I ran as fast as I could.

The man escaped, and got clear out of your sight for some minutes? - Yes; and the next place I saw him in, was in this same St. Martin's-court.

How long have you lived in Russel-street? - If you will give me a minute to recollect; I purchased the lease in the month of May, in 1785.

You lived there at the time it was burnt down? - Yes, I did, and lost a great deal of property.

JOHN MILLER sworn.

I am a patrole belonging to Sir Sampson Wright's office. Passing through St. Martin's-court on the 6th of January, about eight o'clock, I saw Mr. Hill and the prisonerin a scuffle together; I took him into custody, and took him to the office.

Mr. Garrow. Was he searched? - Yes; a pair of gloves and a linen pocket handkerchief was found upon him.

DANIEL M'LAIN sworn.

Deposed to the same effect as Miller.

Mr. Garrow to Hill. Whether before the magistrate you did not represent that you had been into the pastry-cook's, and did there say how you had been used? - I did not, upon my oath.

Jury to Patrole. Whether or no Mr. Hill was charged by the prisoner at the same time? - No, my lord, I did not hear it.

To the other Patrole. Did you hear the prisoner charge Hill, the prosecutor, with any thing? - No, nothing at all.

Mr. Hill. When the patrole came up, I desired him in as plain a manner as I could, do you take care of this man, for he has been concerned in robbing me; and the prisoner said something to this effect, as do you take care of him; I will not say the words exactly.

Did you hear any specific charge made against you at that time? - No, only what I have said; but the patrole did not notice it, as the patrole said.

PRISONER's DEFENCE.

I live in Great Wild-street. I was returning home from Mr. Giblett's, tallow-chandler. Passing through St. Martin's-court, I was beset by Mr. Hill, whom I now recollect, who took me by the collar, and said, you rascal, you shall go with me; I was very much surprised at such an expression from a strange man, who I never saw; and he on the instant struck at me with a stick of uncommon size; I endeavoured to retreat; and I think as well as I can recollect, it was at that time I received the blow on my arm, which hurt it very much, in defence of my head; and I struck him, and disengaged myself; I got from him a few paces, and stood to reflect why he should serve me so; and I saw a number of sticks engaged in a quarrel; and fearing this man might attack me again, whom I did not know, I retreated from the place the other way, not being able to pass that way without being struck; he pursued me into the broad part of the court; and somebody struck me on the head with a stick of uncommon size, which knocked me down; as I lay on the ground, he said, you are one of the thieves which stole my watch; then I suspected he had an idea that I had stole it; I got up again, and saw three or four of them coming at me with large bludgeons; there was a butcher's bench which projected about two feet from the window; and to preserve myself, I got under the bench, otherwise they would have killed me, I believe; I told them then, if I had been guilty of any impropriety, to take me to the justice, and not use me so cruel; I advised them to take me to the justice, which they did; when we came to Bow-street, Mr. Hill told the clerk I was one of the people who had robbed him of his watch; I answered, if that is the case, you had better search me; he said, you know very well you have not got it, but if you had had your desire, you would have got it. Gentlemen of the jury, if I am guilty, I hope God will inspire you to find me so; but if I am innocent, I hope you will be inspired to find me so: Mr. Giblett would attend here; he was here yesterday; he staid here till nine o'clock; under the pressing necessity of the death of a relation, he could not come to day; but here is a gentleman here who can tell the time I left his house.

WILLIAM BROGDEN sworn.

I am a watch-maker.

Do you know any thing of the prisoner at the bar? - I do, very well.

Did you see any thing of him in the course of last Twelfth Day? - No, Sir, I did not; I recollect particularly the 6th day of the month; I was thinking you said the 12th day of the month; on the 6th of January, I was in company with him at Mr. Giblett's, in Cambridge-street.

What is Mr. Giblett? - He is a tallow-chandler; Cambridge-street is in Carnaby-market.

At what time did you first see the prisoner there? - About five, to the best of my recollection; indeed I am sure of it; there was a clock in the room, and I particularly noticed it; Mr. Giblett was in company with me and the prisoner; we had business to transact together; the prisoner continued in Mr. Giblett's house till half past seven; I recollect particularly that, because Mr. Giblett noticed to me and the prisoner, it was near half past seven; that he was going out to supper; we parted at that time, or within a few minutes of the time; I said to Mr. Wallis, as Mr. Giblett is engaged, we will go; we parted at Mr. Giblett's house; the prisoner lived in Wild-street, Lincoln's-inn-fields; I know St. Martin's-court, St. Martin's-lane.

How long would it take a man to walk quietly and leisurely, to St. Martin's-court, from Cambridge-street?

Jury. About ten minutes.

You are quite sure, that from five in the afternoon, of the 6th of January, till half past seven, the prisoner was not out of Mr. Giblett's house? - I am sure of it; he was not absent at all during the whole of the time we were engaged on business.

Never at all out of your sight? - He was not; I have known him above two years in general, a very good character; I never heard to the contrary myself.

Are you quite sure you have not mistaken the day? - I am quite sure.

How soon after this was the prisoner taken into custody? - The next morning; he sent to me, and I particularly recollected that he had been in my company the preceding evening.

Court. Where do you live? - In Stanhope-street, Clare-market.

Where did you understand the prisoner was going when you parted at Mr. Giblett's door? - He did not notice to me, but I understood he was going home.

Which way did he turn? - He turned to the right.

Was that in the prisoner's way home? - I was going a contrary way; and I did conceive he was going the right way home; I was going to Charlotte-street, to supper, myself.

What employment does the prisoner follow? - I have known him in the capacity of an attorney's clerk.

What attorney? - I do not at present recollect; I know he has wrote for attornies.

Where has he lived during the time you have known him? - I cannot pretend to say, the whole time.

Then you have not been much acquainted with him? - Yes, I have, but not going to his apartments; I have seen him in different companies.

How long has he lived in Wild-street? - To the best of my knowledge, three months; that is the only place I have been acquainted with of his residence.

Then you saw no more of the prisoner that evening? - No.

Now he has lived three months in Wild-street, with whom, and in what house? - To the best of my recollection, it was a corner house; I did call upon him once; in fact, I met him at his own door, the corner of Wild-street; this corner near Duke-street; I saw him passing, at his own door once.

Was you never in his house or his lodgings? - I never was.

Of what sort has been your acquaintance with him these two years past? - I have seen him in different companies, and by that originally I became acquainted with him, in general in very respectable houses, at the King's Arms in Holborn.

On what occasions? - Merely to spend the evening.

By appointment, or how? - Casually.

Which King's Arms in Holborn? - The King's Arms in High Holborn.

How often have you met him there casually? - Three or four times a week; I frequently use the house myself.

Was he never at your house? - Yes; he has called of me, at No. 2, Stanhope-street; I lodge there; I have lodged there threemonths; I have known the prisoner from having connections in the lottery; he has had connections in the lottery, when not connected with an attorney.

Was that the commencement of your acquaintance with him? - To the best of my recollection, it was.

Explain to us the particular business upon which you was employed at Mr. Giblett's that evening? - It was a lottery transaction.

Describe that transaction? - The prisoner being acquainted with the lottery, it was in point of purchasing shares in the next ensuing English lottery; I recommended Wallis, he having had a connection in the lottery, to Mr. Giblett, and being an acquaintance of his and mine; the whole of the business was not determined that night; but it was to purchase some shares by Wallis, for Mr. Giblett's benefit; I was there about five; Mr. Giblett was at home; I recollected the next day, being the 7th, when the prisoner sent to me; after he was taken into custody, we were asking several questions; but we were not on that all the time; I took particular notice of the time by the clock; and Mr. Giblett pulled out his watch at the time; and there was a clock in the room; it is a back parlour.

What sort of a clock is it? - I cannot describe it particularly; it is a high clock, about five feet high.

Which side of the room does it stand in? - It stands fronting the door.

And during all that time, you swear the prisoner was never out of the room, from five to half past seven? - I am perfectly sure of that, not only from the clock, but the watch.

Are you a master watch-maker? - No.

Did you relate this to the magistrates at Bow-street? - I did not receive his note till after the examination; he was at the Brown Bear when I saw him; according to the best of my recollection, it might be eleven in the morning; the examination was over; I was out when the letter came.

Have you that letter here? - No, I have not; I had seen him in Mr. Giblett's company before; I have been acquainted with Mr. Giblett two years; I saw Mr. Giblett on Thursday; he was in preparation to appear here; and on Friday, by the messenger of Wallis, I understood that a friend of his was dead, and he was obliged to go into the country; but I do not know where he is now.

JAMES SULLLIVAN sworn.

I keep an eating-house in Cross-lane, Holborn. I have known the prisoner about five years, a most just and respectable character; a very unspotted character, he has borne ever since I knew him, during the whole five years.

Court. What has been his employment? - A lawyer's clerk; I cannot tell to who; and he has been a clerk to a licenced lottery-office; and during the recess of the lottery, he has been clerk to the lawyers; he has lived in Great Wild-street the latter part, I think about eighteen months.

With whom? - With his father; his father is a shoe-maker.

The prisoner called three more witnesses who gave him an exceeding good character.

Court to Mr. Brogden. During this time, from five to half past seven, what had you to eat and drink? - We had some brandy and water.

Who supplied you with that? - A servant of Mr. Giblett's.

Had you any more than yourselves? - No, no other person that night.

Who let you out when you went out of the shop? - We let ourselves out; the shop was not shut up; the door was on the latch.

Court to Mr. Hill. As I understood you, it could not be later than seven? - According to my apprehension, I think it was about seven; I generally drink tea about six; and I waited a little time, and I set out; I apprehend it must be near seven; I did not look at my watch, or any thing of the kind.

Jury to Miller. What time did you take up the prisoner? - About eight?

GUILTY, Death . (Aged 21.)

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

Prosecutor. Gentlemen of the Jury; when I first embarked in the apprehension of this man, it was impossible for me to tell, nor did I think, it would lead to such consequences; if you can find in your breasts to mitigate his punishment short of death, I most earnestly intreat you will spare his life.

Jury. My Lord, under the circumstances of this case, the Jury desire to recommend him to mercy.

Court. Please to state the grounds. - He is a young man, and may be a useful member of society yet, notwithstanding he has been engaged in such practices as convince us of his guilt; but we hope his future life will atone for his past folly.

83. JOHN RANDALL was indicted for feloniously and burglariously breaking and entering the house of George Delphire , about the hour of ten at night, on the 8th of January , and burglariously stealing therein two cotton stockings, value 4 d. a child's petticoat, value 2 d. nine muslin handkerchiefs, value 2 s. six caps, value 10 d. and a yard of linen cloth, value 2 s. the goods and chattels of the said George Delphire .

SARAH DELPHIRE sworn.

My husband's name is George Delphire ; my husband is a gentleman's valet ; Mr. Platt, he lives in Sloane-street: I live at No. 32, Market-lane, St. James's : about a quarter past ten, January the 8th, I was sitting in the room underneath the parlour, in the kitchen; I thought I heard the parlour-window open; I spoke to the servant girl that lives with me.

You say you heard the parlour window open, are you sure it was down; how was it fastened, was it bolted? - I cannot say whether it was bolted, I am sure it was down.

How long had you seen it before? - At about a quarter before nine that night.

Jury. Did you shut it down then? - I did not then shut it down, I do not believe it was up all that day; but I am certain it was down then, for I shut the shutters myself.

Court. Was it possible for any body to come in and open it; had your servant been in? - She had been in with two children, to put them to bed; I heard a noise of the sash lifting up, and I told her to go up stairs and shut the doors, which I will explain to you what I mean; I keep a milk-cellar, and for the conveniency of my kitchen, I have a door made out in the street; on going out at the street-door, she saw the prisoner jump out of the window, and she called out very loud, and I came up stairs and saw the parlour window open, and a number of my things, which I have here, laying across the window, and before the window; they were dropped from the drawers, where he had taken them, across the seat that he had got out of, it is not properly a seat, but across the bottom of the window; it hurt me so much, that it rather made me faint away; I did not see this person come out of the window, I saw him at the watch-house.

(The property produced, and deposed to.)

What age are your children that sleep in that room? - One is not three till next month, and the other is two years old next April.

ELIZABETH MORRIS sworn.

I was going to the street-door, to shut up the milk-cellar door, and saw the prisoner at the bar jump out of the parlour-window; I immediately called out for my mistress, and called stop thief; and rather lost sight of him as I pursued him, being frightened; but when two or three people had got about him, I got up to him, and said, this is the man; he had ran aboutseven or eight doors the side of the way; he was stopped by John White , and the watchman took him to the watch-house, but first he brought him to our door; I am sure that he is the man, by his height and dress, that jumped from the window; when he was taken to the watch-house, a petticoat and a pair of stockings were found on him.

Prisoner. Was I brought back to the house? - He was brought back by the watchman.

Prisoner. I never was brought down the street after they stopped me.

JOHN WHITE sworn.

I am a poulterer; I live in St. James's-market; I was standing in my shop, which is in St. James's-market, it stands rather in the street, being at the outside of the market, and I heard the cry of stop thief! it was between ten and eleven, as nigh as I can guess; I saw the prisoner running, and I ran across the road and laid hold of him; I saw no one before him at all.

How far was this from the house of Mrs. Delphire? - About fifty yards, I think; I gave him into the hands of John Smith , a watchman; I went to the woman's apartments, and saw some things lay on the ground; they lay pretty well all of a heap, what I saw of them; I know no more; the man was taken to the watch-house by John Smith ; I am sure that is the man.

Prisoner. I would wish to ask whether I was carried back to the house? - He was taken back to the door.

JOHN SMITH sworn.

I am a watchman, in Market-street; I was on my stand, on the 8th of January, between ten and eleven, and heard the cry of stop thief! when I came up, I found one Mr. White, a butcher in the market, had stopped the prisoner, and he gave him up to me, and I brought him to the watch-house, and delivered him up to the constable of the night.

Did you take him to the house? - I took him back, to see what was the matter; and when I found it was for theft, I brought him to the watch-house.

DAVID MILES sworn.

I am the constable of the night for St. James's parish; I was at the watch-house on the 8th of January, and between ten and eleven the prisoner was brought to the watch-house, charged with jumping out of a parlour-window; I searched the prisoner, and found in his right-hand jacket pocket two odd stockings and a child's petticoat; I have had them in my possession ever since.

(Produced, and deposed to by Mr. Delphire.)

LEONARD BAILY sworn.

I am a coach-harness-maker: about a quarter of an hour after ten I picked up two handkerchiefs close under the window where this man might have dropped them.

PRISONER's DEFENCE.

My wife and I went out together to market, to buy a joint of meat for supper; an acquaintance of mine was to come to supper; and as it was growing late, and our house being shut up every night a little after ten, I went down to the bottom of the lane, to see if he was there; he was not there; I went to desire him to make haste to come: coming up the lane, and making haste, I picked up these two things lying in the street; and then, just when I came to the corner, they called out, stop thief! and took me.

Court to Elizabeth Morris . You had put the children to-bed that night, had you opened the window that night? - I had not.

Was you the last in that room? - I was the last in the room after my mistress had been in, which was a quarter before nine.

Are you sure that the window was down? - I am very sure.

When was you last in it? - I was in it about nine, or a little after.

Jury. Are the shutters outside, or within? - Outside.

Were they put to? - They were.

WILLIAM DANIEL sworn.

I am an harpooner, belonging to a Greenlandman; I live in the house of Mr. Randall, the prisoner's father, No. 33, White-horse-street, Stepney; I have known the prisoner better than these three years; I never found any thing amiss in regard to his character; he followed his business as he ought to do; he is a waterman; he plied, when I first of all knew him, at East-lane.

How long is that ago? - About fourteen months.

Have you known where he hath plied for this last fourteen months? - I do not.

GUILTY , Death . (Aged 31.)

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

84. THOMAS HERBERT was indicted for feloniously and burglariously breaking and entering the dwelling-house of John Macgauran and Dennis Doland , between the hours of twelve and two, at night, on the 17th of September , and feloniously stealing therein one brass candlestick, value 2 s. and five other candlesticks made of Prince's-metal, value 10 s. their property .

DENNIS DOLAND sworn.

I live in Oxford-street ; I am an ironmonger there; my partner's name is John Macgauran ; we live in the same house: on the 18th of December, about one in the morning, I was disturbed out of my sleep by knocking and ringing; I saw a parcel of people in the street from the window, and understood my shop was broke open.

In what manner? - I found a pane of glass broke, one shutter down, two hanging, and five or six candlesticks gone off the window.

How was it broke, by wrenching the shutters down of the shop? - One quite down, two more hanging.

It must require a degree of force to do this? - It must be force.

Have you a locking-bar that goes across? - Yes, there is a bar that goes across, and these shutters had no bearing upon that bar, so they slipt it down, and broke the glass, and stripped the shelf as far on each side as they could reach.

Was there more than one pane broke? - No more than one.

What was taken out? - About seven pair of candlesticks; I cannot exactly say; there may be five or six pair of brass candlesticks, and a Prince's-metal candlestick, which is brass and copper with the metal; I inquired if they had taken any body; they said Mr. Hill, the constable, had taken one.

Had you seen the shutters that night? - I did not go outside, but I had seen that it was safe.

Was a pane of glass broke? - No; the pane of glass was whole.

What hour was it you saw it last? - About ten o'clock.

The window was not broke at ten o'clock, and the shutters to all appearance were up clear and right? - Yes.

Then the shutters could not fall by accident? - They could not.

You did not observe whether there was any mark of a crow, or any thing that had wrenched it? - I did not observe.

Mr. Knowlys, Prisoner's Counsel. I understand your partner's name is Macgauran, hath no one got any share in the business besides? - None.

You live in the house? - There are two houses, one lease; the one I live in, and he lives in the other.

Are your houses so circumstanced, that only one house has an opening into the shop? - Both have it; there is a party-wall between both houses, but there is an entrance from each house into the shop.

Do you pay your rent separately? - No, we do not.

Where was Mr. Macgauran at that time? - He sometimes sleeps at a lodging he has in the country; he has not good health.

Who arranged the goods in the window that day? - I do not know that any were put in that day; but they are cleaned once a week, and when there is a pair sold, they are replaced.

Will you take upon yourself to say, that there were candlesticks in the reach of this pane of glass? - There certainly were.

Court. Mr. Macgauran's servants sleep in that part of the house? - Yes, they do.

He sometimes sleeps in the country, and sometimes in town there? - Yes, he does.

JOHN RUSSELL sworn.

I am porter to Messrs. Doland and Macgauran; I shut up the shutters, and left them all safe, about nine o'clock in the evening.

The windows were all safe, and the glass was not broke? - No, none.

How were they next day? - The shutters were all safe put up again when I came; I do not sleep in the house; my master put them up.

JOHN HILL sworn.

I live just by Mr. Doland, in the same street: as I was at the watch-house, and being fine, I walked down the street, a little below Mr. Doland's house, to my own house, and came back again: when I walked down first, every thing was safe; I returned again in about a quarter of an hour; the first time I came out about half past twelve; in returning back, just before I came to Mr. Doland's shop, I met a man; I had a suspicion of him, that he was a thief, and thought he had got something more than he should; I looked him hard in the face, and let him pass; when I came up to Mr. Doland's house, there was a man stood at the shutters, facing the window; I saw one of the shutters taken out, and set on the ground; the bar goes about the bottom of the shutters, and by one shutter being taken out, two others were bent back; I was just going to say to myself, what was the matter, when I saw the man put his hand into the window, and pull out the candlestick; the man is the prisoner at the bar; as he pulled it out, I took hold of his collar, and he dropped the candlestick; and I took him into custody, and called the watch; when the watchman came, I picked up the candlestick, and knocked at the door.

Did you observe whether the shutters were forced by a crow or chissel? - I did not examine the shutters after I had got him.

Mr. Knowlys. Did you search this lad? - Yes, at the watch-house.

You found no crow, or any thing of that sort? - No.

You said you saw the shutter taken out, and put on the ground; you did not see this man do it? - I did not.

There was some person gone by that excited your suspicion? - There was.

You did not see the window broke? - I did not.

This man was taking the opportunity of that circumstance, of the window being down, and the glass being broke? - He was, certainly.

You did not find any instrument about him that would enable him to do this? - I did not.

(The candlestick produced, and deposed to.)

Court to Prosecutor. Was that candlestick in your shop the preceding day? - I cannot say that.

(The prisoner called William Parker , who lived in Brewer-street, Golden-square, with whom the prisoner and his father had lodged a year and a half, who gave both a very good character: the prisoner is a postillion, and lived with the Duke of Chandos till his death: he never knew him to be out a night in his life.)

JOHN ALLEN sworn.

I live in James-street, Grosvenor-square; I am a cordwainer; I have known the prisoner three or four years; he always bore a very good character for honesty; he got his living working among the horses.

THOMAS GOLDING sworn.

I live in James-street, Grosvenor-square, No. 28; I have known the prisoner four years; he always bore a very good character; I never heard any fault since the time I knew him.

GUILTY , Death . (Aged 18.)

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

85. ELIZABETH PROCTOR was indicted for stealing, on the 6th of January , a pair of iron chains, value 4 s. and some other things, the property of John Marsh .

(Some of the things were found in the prisoner's apron, and some under a tree; and she said she sat under the tree, while a man went and fetched the things.)

GUILTY .

Privately whipped , and imprisoned 6 months .

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

86. LEWIS DURANT was indicted for stealing three men's hats, and a woman's hat , the property of Laurence Sawtell .

LAURENCE SAWTELL sworn.

On the 4th of January last, I lost four hats; the man that had got them, which is the prisoner at the bar, was pursued and brought back with the hats.

Mrs. SAWTELL sworn.

I am wife of Laurence Sawtell : on the 4th of January last, about ten o'clock, I was alarmed by seeing a man go out of the shop with the men's hats under his arm; I pursued the man down Smart's-buildings, and cried stop thief! he turned down a coal-yard, by which I lost sight of him; but I believe it was the same man which was brought back, both by his size and his appearance.

WILLIAM WILLSON sworn.

I am a shoemaker; I live in Butcher-row, East-Smithfield; I work at a stall under Mr. Slack's shop, in Smart's-buildings; hearing the cry of stop thief! I looked up, and saw the prisoner pass my shop; I ran after him and caught him in a coal-yard, and took these four hats from under his left arm; I took him to the watch-house, and gave the hats to Mr. Sawtell.

Prisoner. I do not know you; I was at work that day; I am a furrier.

Court to Willson. Are you sure that is the man? - I am.

CHARLES MORGAN sworn.

I keep the round-house; these hats were brought to the watch-house, and marked.

(The hats produced, and deposed to.)

Court to Mr. Sawtell. Where were the hats that day? - On that morning the hats were in the shop, close by the parlour-door.

PRISONER's DEFENCE.

I know nothing of these people; they accuse me falsely.

GUILTY .

Whipped .

Tried by a foreign Jury before Mr. COMMON SERJEANT.

87. ISAAC GILL was indicted for feloniously stealing, on the 8th of January , two pair of thread stockings, value 6 d. and 24 lb. weight of lead, value 4 s. the goods of Lancelot Burton .

LANCELOT BURTON sworn.

I live in the Strand ; the prisoner at the bar was my yearly servant , and had lived with me three years.

When did you miss the lead? - I did not miss it till one of the officers at the Public-office came to me and told me that there was a person of the name of Isaac Gill taken up with some lead; I then examined, and found I had lost some: I saw the lead at the office, and had seen it three or four days before; it is a leaden sink, my property; and the stockings also.

GEORGE ZEAL sworn.

I produce a leaden sink, which I took from the prisoner, the 8th of this month, going up Oxford-street, between seven and eight o'clock in the evening; he had it in a basket, at his back; he went into an iron-shopwith it, and I stopped at the door some little time, and heard some talk about buying of it; as he was coming out, I asked him what he had got in his basket; he said, nothing for me; I told him I would see what it was; I looked, and saw it was this lead; he said he brought it from Marybone; I told him I was afraid he did not come by it honestly, and I should take him to the office; he owned, afterwards, that he had brought it from Marybone, it being some lead with which he was intrusted by Mr. Burton: I found the key of his box, and searched it, and found two thread pair of stockings; they have all been in my custody ever since.

Where was that old-iron shop? - In Oxford-street; it was a new man, that had not been in the shop long; he refused, I fancy, buying it.

GUILTY , (Aged 33.)

Whipped , and imprisoned six months in the house of correction .

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

88. GEORGE SMITHSON was indicted for that he, on the 19th of July , did utter a counterfeit shilling to Henry Croker , knowing it to be counterfeit .

And a second Count, For uttering another counterfeit shilling, ten days afterwards, to the said Henry Croker , knowing it to be counterfeit.

(The indictment was opened by Mr. Reeves, and the case by Mr. Fielding.)

HENRY CROKER sworn.

I am one of the conductors, on the part of the patrole, under the direction of Sir Sampson Wright: on the 19th of July last, at about half past seven at night, I saw the prisoner at the Swan with two Necks, Lad-lane, where he was in the capacity of a waiter; I was desired to go there in consequence of something which had passed, I called for sixpennyworth of brandy and water, and it was brought to me; I will not be positive whether this was the waiter brought it to me or not: I sat there some time after the brandy and water was brought to me: when I went into the room, I met two people coming out of the room; whether they were the people belonging to the house I cannot tell, but I sat there some time, and could see nobody, not any of the waiters: after some time, I saw this person come to a cupboard; whether he took any thing out or put any thing in I am not positive; I then asked him for change for half-a-guinea, and to take the sixpennyworth of brandy and water; he went and brought my change for half-a-guinea, taking the sixpennyworth out of it; in this change he gave me two bad sixpences, two shillings, and a half-crown piece: I sat there for some time after that, not having an opportunity of seeing him come back again: it is a dark coffee-room: I sat longer, and had threepennyworth of brandy and water more; I gave him sixpence, and he gave me threepence.

Had you any altercation about this money with him? - I had.

Where did he take it from? - I do notknow. On the 22d I went again, merely because I would be satisfied of the plan; I got there nearly about half past six in the evening; when I went, I called for a glass of Holland's; I had it; another waiter brought it to me; I then called for some tea; and in the course of that time this waiter came; I had some other liquor after, and my reckoning came to one and eight-pence; it was near eight o'clock when I called for it; I gave this man half-a-guinea to change; I laid two on the table, and told him they were weight, but he would take which he chose; he said it was immaterial which, it was not much consequence; he took the change out of his waistcoat-pocket; he gave me my full change, and I gave him back 1 s. 10 d.; 1 s. 8 d. for the reckoning, and 2 d. for himself, and I came away; at that time he gave me three bad shillings, and four bad sixpences; I only informed Mr. Clarke of it; I did not apprehend him; Mr. Townsend apprehended him.

Mr. Garrow, Prisoner's Counsel. You did not, on either of the occasions, object to any of the money? - Yes, I beg your pardon, I objected to a French half-crown, and he changed that.

Was the second time as dark as the first? - No, it was not; it was an hour sooner.

And later in the year? - Yes.

This man was indicted in September sessions? - Yes.

And he came to be tried in October sessions, but the bill of indictment was thrown out; and in December sessions you preferred a new bill against him; the first bill was for uttering to you and others, I believe; do you know how many under-waiters there are at this house? - I do not know; I saw two; one was a waiter; I do not know as to the other.

JOHN TOWNSEND sworn.

On Friday, the 23d of July, I went to the Swan with Two Necks, Lad-lane, in company with Key and Williams; we called the prisoner out, and took him into a room just by, and I searched him, and took him into custody; in one of his breeches pockets I found a bad half-crown, in one of his waistcoat pockets two bad shillings, and in the other waistcoat pocket some good and some bad, two bad shillings and ten bad sixpences mixed with twelve good shillings and five good sixpences; we took him to Wood-street compter.

Mr. CLARKE sworn.

All the money shewn me is bad; I have seen them before by day-light.

GUILTY on both Counts.

Twelve months imprisonment , and to find two years security.

Tried by the London Jury before Mr. COMMON SERJEANT.

89. THOMAS BROMWELL was indicted for feloniously stealing, on the 25th of September , five pair of leather shoes, value 15 s. the goods of Thomas Cartwright , privately in his shop .

THOMAS CARTWRIGHT sworn.

I live at No. 107, High Holborn ; I keep a shoe-warehouse : the prisoner at the bar was a journeyman hair-dresser , servant to Mr. Combs, hair-dresser, in Wharton's-court, whom I employ as a hair-dresser; this man has come back wards and forwards, to dress my hair, till the 12th instant, when about three o'clock in the afternoon, Mr. Comb, his master, came to my shop, and called me into the parlour on one side, and gave me some information which led me to Mr. Notley's, the pawnbroker's, in Leather-lane: when I got there, the prisoner was there; at which place I found five-and-twenty pair of men's shoes, my property; we took the prisoner before a justice, and he was committed: he declared, at the justice's, that he had taken them two or three pair at a time: I have found a dozen pair at another pawnbroker's since.

Mr. Knowlys, Prisoner's Counsel. Have you any body concerned in the business but yourself? - No.

How many persons do you employ in the shop? - Nobody but myself and my brother, and now and then my wife, perhaps of a Saturday night.

This man had dressed your hair for some time, and you never suspected him? - I never suspected him; I suspected an innocent person.

Had you missed any at any particular time when this man had been with you? - I have missed for some time, but at no particular time.

JOSEPH NOTLEY sworn.

The prisoner at the bar has brought at different times five and twenty pair of shoes to me; I am sure as to the man. (The shoes produced and deposed to.) The last time he came with four pair, and I stopped him.

How came you to take so many pair in of this man? - He had the appearance of a hair-dresser; and he said at first bringing of the shoes, that he dressed two gentlemen who were partners in a shoe-ware-house, and that they always paid him in goods, and that was how he came by them.

Do not you know that you ought to put down the name of the owner? - He pledged them as his own property, and said he was a master hair-dresser, and that he lived in Slop-alley, in Holborn; I had confidence in what he said.

Court. Great confidence indeed you gentlemen must have, to suffer a man to come with five and twenty pair of shoes, from September to January? - I did not know I had so many; and seeing I had so many, made me make farther enquiry.

Mr. Knowlys. What did you lend on each of these five pair mentioned in the indictment? - I lent three shillings on each pair.

Court to Cartwright. What are they worth? - I sell them for five and six-pence a pair; they are worth to the trade about four and ten-pence.

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

GUILTY to the value of 4 s. 10 d. only .

Transported for seven years .

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

90. JAMES MAC CORMIC was indicted for stealing, on the 11th of January , two pewter pint pots, value 16 d. the goods of Lewis Rotely .

LEWIS ROTELY sworn.

I live in New Belton-street, St. Giles in the fields , at the sign of the Guy Earl of Warwick. The prisoner at the bar has used my house about two months; from the 1st of December, to the 9th of January, I lost about seven dozen of pots; on the 11th of this month, the prisoner at the bar came to my house and had two pints of beer; my wife told me she had a great suspicion of this man, and took him to be the pot-stealer: one William Eagle who set in the tap-room, likewise came to me and told me he saw that man put a pint pot into his pocket, and take it out again; I went to the prisoner, and said, you seem to sit very uneasy? oh, says he, I am very bad; says I, you have got the piles? says he, very bad; he paid me for the two pints of beer, and a glass of gin; and on his going out, I followed him; he ran up Vinegar-yard; and when I got up to him, I said, my friend, I think you have got more in your pocket than you ought to have; I saw a pot under his coat, and seized it, and his coat tore with the pot; and I took him by the collar to the justice; and there was this other pot taken from him.

Prisoner. I was in liquor, and know nothing at all about it.

Court to Rotely. Was he in liquor? - No; he was sober.

PRISONER's DEFENCE.

This man came up to me, and took hold of my coat, and a pot came out with the piece; says I to him, if there is one on one side, perhaps there is another on the other side; I clapped my hand on the other side, and found another; I know no more about the pot being in my pocket than you do.

GUILTY (aged 64.)

Publicly whipped , and three months imprisonment in Newgate .

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

91. JOHN HOW was indicted for stealing, on the 26th of December , a pair of linen sheets, value 10 s. the goods of John Purser .

MARY PURSER sworn.

I am wife of John Purser ; my husband is an inn-holder ; he lives in Whitechapel , and keeps the Talbot . On the 25th day of December, the prisoner at the bar came and asked for a lodging, as he said he had just come from Warwickshire; we let him have it; when he came over night, he brought a bundle; the next morning he got up between seven and eight; my husband met him on the stairs; and on his going out, my husband thought his bundle larger than it was the over night; the maid came down and said the sheets were gone; and John Gingel , the postillion, pursued him, and brought him back with the bundle under his arm.

JOHN GINGEL sworn.

I am a postillion at Mr. Purser's. In consequence of the sheets being missed, I pursued the prisoner, and brought him back with the bundle under his arm; the bundle was laid down in the tap-room, till the runner, Charles Norman , was sent for, when the bundle and prisoner were taken to the justice's, when the bundle was opened, and there was the two sheets taken out of the bed where he had slept.

CHARLES NORMAN sworn.

I produce the sheets.

(Deposed to by Mrs. Purser.)

Prisoner. I leave it to the jury, please your honour.

GUILTY (aged 40.)

Publicly whipped , and confined six months in the house of correction .

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

92. SARAH MILLS was indicted for stealing, on the 15th of December , one guinea and a half in gold, and four and sixpence in silver , the monies of Henry Bailey .

HENRY BAILEY sworn.

I am a captain of marines , on half pay. On Wednesday, the 15th of December, as I was returning home between twelve and one in the morning; I live in Westminster; I stopped at Ely-court ; I was seized round the body by the prisoner, who at the same time made use of a very wicked expression, too bad to mention here, and almost at the same moment put her left hand into my left breeches pocket; and I felt her take the money out of my pocket; she took, as near as I can guess, about a guinea and a half in gold, and four and sixpence in silver.

Was you quite sober? - I was perfectly sober, and could give a sufficient reason for being out at that time, if it was required; when I found that her hand was going out of my pocket, and that she had robbed me, I laid hold of her, and said, you have robbed me: and she laid hold of my hand in such a manner, that I thought she had broke it; indeed I thought it was a man instead of a woman; she said, if I called out, or made the least noise, she would cut my throat, and swear I was a sodomite; sheshoved the money out of her left hand into her right, for I heard it make a noise, and put it into her right hand pocket, and was making a noise with it in her pocket, as if to see if there was any gold amongst the silver, for about a minute or a minute and a half; I stopped, and she asked me what I stopped there for; I told her I would not leave her till she went with me; at last she went with me; I then brought her near that part of the court near St. Margaret's Church; and there was no watch there; I then took her to the other, and there was a watch; when she was taken to the watch-house, as soon as I gave the charge, she was searched; there was four and six-pence found in her pocket, and two bad sixpences; but the gold was gone; I am certain this is the woman, and I had the gold about me; I had seen it about twelve minutes before; when she was taken before the magistrate, she sent me word, if I would not appear and prosecute her, she would give me a guinea.

Prisoner. He offered me five shillings, and insisted on my going to drink with him? - I did not offer any thing.

PRISONER's DEFENCE.

I was coming from St. James's-street; I am a widow ; and since my husband has been dead, I have been obliged to go into the street; I had occasion to call at the Rose and Crown; I wanted to see one of the Duke of York's servants; when I came out, this gentleman put his hand round me, and asked me if I would go home? he said, if I would take him home with me, he would give me a crown; I said, I could not; and I told him I would not stop out; he said, over and over again, he would give me a crown; walking on, the watchman asked him what business he had with me, as he knew by the manner of it, I was nothing to him; he abused the watchman, and told him that I was his wife; we went into a place where the prisoners come to Westminster-hall to be tried; he stopped there; he then said the house was shut up, but if I would stop there and oblige him, he would give me a crown; I stopped with him, and he behaved so indecent, that I cannot express; who called the watch, I cannot tell; but when the watch came, he laid hold of me, and said I had robbed him of a guinea and two shillings; and that I had attempted to cut his throat; when I came to be examined, he desired me to be stripped stark naked; he said he had lost seven and thirty shillings; my money was put on the table; I had a South-sea shilling in my pocket; he claimed it, and said it was his, which he would be on his oath he had received in Hedge-lane; he then said that I threatened to cut his throat; and if I did not return him his money, he would hang me if I had forty necks.

JAMES CHETWIN sworn.

I am a watchman. My beat is in Prince's-street, Westminster. About one o'clock on the 16th of December, I heard somebody call watch; I went, and perceived it was Mr. Bailey; he said, this woman has robbed me of two guineas, and I must take charge of her; accordingly I did; she said that she did not touch his pocket, but he had offered her five shillings to b - r her, but she had refused; I took her to the watch-house, and delivered my charge to the constable, who searched her.

Prisoner. Watchman, you know that Mr. Bailey said he would hang me if I had forty necks, if it was only for the reward? - I know you said you had two bad sixpences; that is all I know about it.

GUILTY (aged 31)

Transported for seven years .

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

93. RICHARD NOAH was indicted for feloniously stealing, on the 11th of December , two linen sheets, value 15 d. and one woollen blanket, value 6 d. the goods of Samuel Nessy .

SARAH HOWARD sworn.

I live on Saffron-hill, Red-lion-court. I gather rents for an old gentleman, Samuel Nessy . I let that man a room on the 6th of December, on Monday; he had the key of me, and lay there that night; I believe, on the Saturday following, he went away; on Tuesday, two days afterwards, a person came and asked me if I was robbed; I said, at first, I did not know; but afterwards I recollected; and he told me that a person was stopped with some sheets and a blanket, in Whitechapel, and ordered me to come to the rotation-office, which I did, and saw them.

Are you sure as to the man? - Yes, I am.

Are you sure as to the blankets and sheets? - Yes, I am; they are marked with paint.

JOSEPH NASH sworn.

I am an officer belonging to the rotation-office in Whitechapel. I apprehended the prisoner with these sheets and blanket upon him; he said he brought them from home; upon examining the sheets, I saw the prosecutor's name upon them; I secured the prisoner, and sent for the prosecutrix.

PRISONER's DEFENCE.

The woman that lives with me took them out of the room; I met her, and asked her where she was going? she said, to pawn them; so I took them from her, to carry them home.

GUILTY (aged 35)

Whipped .

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

94. SARAH MELLOWS was indicted for feloniously stealing, on the 18th of December , two pair of silk stockings, value 4 s. two muslin gowns, value 15 s. two muslin aprons, value 6 s. two pieces of point lace, value 2 s. a cambrick handkerchief, value 2 s. six yards of sash ribbon, value 2 s. the goods of - Pybus .

- PYBUS sworn.

I am a banker ; I live in Bond-street. The prisoner was house-maid in my family, at Lee, in Kent: on my wife's being excessively ill, I was obliged to be at Bath; on her return, the 7th of December, she was confined again to her bed for ten days; and during her confinement, the prisoner sat up with her occasionally; when she recovered, she gave the prisoner leave to go out one evening; and she did not return till the next day, and then was brought home by her husband, who is my man; this caused Mrs. Pybus to dismiss her the service, on the 1st of January; a few days after which, she came to see her husband at my house; I suspected something, and wrote a note to Sir Sampson Wright, to request him to send one of the officers of Bow-street, to be with me the next morning; he came, and found some duplicates on her; one of them was belonging to Pain, in Wardour-street; and the pawn-broker saw the stockings belonging to Mrs. Pybus, marked A. P.; we went then to her apartments in Heydon-street, and there we found some other articles; from there we carried her to Bow-street.

SAMUEL HINT sworn.

I am Servant to Mr. Pain, pawn-broker, Wardour-street, No. 95; the prisoner at the bar is the person I took these stockings of on the 18th of December, 1790, No. 4, Noble-street, in the name of Mary Peters ; I am confident she is the woman.

Are they new? - No.

What did you lend upon them? - Two and six-pence; she asked no more.

MOSES MORANT sworn.

I am a Bow-street officer. On the 11th of this month, I saw the prisoner at the bar at Mr. Pybus's, from whence I took her to her lodgings, and had the key of her box, and found these things in her box.

(The things produced and deposed to by Catherine Wilkins , Mr. Pybus's servant.)

PRISONER's DEFENCE.

I did not take them for the purpose of stealing, but for the sake of washing them out of the starch.

GUILTY .

Privately Whipped .

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

95. JANE BURN and MARY VALLENS were indicted for stealing, on the 17th of December , six yards of black lace, value 15 s. the goods of Joseph Slack .

JOSEPH SLACK sworn.

I am a haberdasher , in Oxford-street . On the 17th of December, in the morning, my boy was taking down the shutters, and cracked one of the squares of the window; about four o'clock in the afternoon, I was up at dinner, and had left the shopman in the shop; I believe, he in the mean time went into the back shop; and I came down to send him to dinner; and I saw from the the middle of the stairs, these two women standing in the street, with their heads quite close to the window; I stood for half a minute on the stairs, and they were still looking, when Vallens, who had a large red cloak on, put her arm into the window as far as she could reach, and took out a card of lace which was laying in the window; there is a shew-board, and it was at the extremity of that board: Burn stood so, that no person coming up the street could see her; there was very few people passing, as it rained hard; I ran down the stairs, and after her; she was about five yards from the place; she put it under her cloak, and put her left hand upon it; I ran after her, and took hold of her; Vallens ran off; and I took her as quick as I could; the other crossed the road, and came down the other side of the way; when she had got opposite me, I took the other over to her, but could not keep both; a coachman then drew up; the big one was then put in, and then the other; I let go the little one, and ran after the big one; the coachman held one. (The lace produced and sworn to.) The window was broke about eight o'clock, only cracked, not broke out; I am sure these are the women.

PRISONER VALLENS's DEFENCE.

My husband gets his bread in the street; he sells all kind of things, as fruit, &c.; I was going to Oxford Market to buy a bit of meat; there was a great croud, and I stopped; that gentleman laid hold of me, and put me in a coach; he told me he had lost fifteen pounds worth of things; and after I was in the coach twenty minutes, the other woman was put in; he said, I should be the woman that should suffer for all. I have some witnesses.

Slack. Some of the neighbours examined the glass, and gave their opinion it was cut with a diamond.

Vallens. The gentleman has been tried here himself, by all account.

Vallens called one witness who gave her a good character.

JANE BURN 's DEFENCE.

I am a widow: I have three children; the eldest eleven; he happened to break his leg, and is in the Middlesex Hospital; I was going to see him; I came down Oxford-street; I stopped and bought a comb; and that gentlemen laid hold of me, and put me into a coach; I asked for what? he said he was robbed, and I was the woman; and I was carried to gaol, where I have remained ever since.

Slack. I was full a minute upon the stairs; I swear to the women; they were never out of my sight; I was particularly careful.

Burn. He let me go for a quarter of an hour.

JANE BURN , NOT GUILTY .

MARY VALLENS , GUILTY .

Privately Whipped .

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

96. THOMAS LEWIS and JACOB SMITH were indicted for feloniously stealing, on the 12th of January last, six pounds weight of hyson tea, value 20 s. six pounds weight of raisins, value 20 d. and half a pound of almonds, value 15 s. four shirts, value 20 s. a pair of thread stockings, value 2 s. the property of John Millan .

WILLIAM FREWEN sworn.

I am a tea-dealer and grocer in St. George's Fields. I packed this basket of grocery, on Tuesday, the 11th of January, directed to T. Frewen, Windsor, by the waggon.

THOMAS SLATER sworn.

I am a clerk to the waggon, and bookkeeper, at the Bull and Mouth Inn. On Tuesday, the 11th of January, I remember receiving a basket for the waggon, directed to T. Frewen, Windsor, to go by Smith's Windsor waggon, on Saturday next; it was deposited in the waggon warehouse: I know nothing of the prisoners.

GEORGE KING sworn.

I am a waggoner at the Castle and Falcon, Aldersgate-street. I remember seeing the two prisoners coming just out of the back door of my house; I heard a conversation between them; they appeared to be coming out of the Castle and Falcon yard; the only coversation I heard, was, the man in the blue coat said to the other with the basket on his back (that is Smith) you took notice that I paid you fore handed; that was repeated twice or thrice before they came out of the gateway; and I mentioned it to my servants; it was a basket similar to that; it was half past two.

ROBERT BELL sworn.

I was a constable the last year: there is a man of the name of Lakin lives there; I know the prisoner Lewis; they call him Taff; he lived at Mr. Lakin's; upon Mr. Lakin applying to me, I went to his house; I went up one pair of stairs, and found Lewis in his own lodging-room, with this basket; I asked him how he came by that basket? he said it came out of the country; says I, where is the direction? says he, there is no direction upon it, I have pulled that off; the other prisoner was not there then; I never saw him; says I, have you no letter, nor any thing for it? no, he said: then I told him I should detain him; and I went for the constable, and he came; and then it was opened; the prisoner said it contained clothes that came out of the country, from some friend; when the constable came, the basket was opened, and it contained grocery goods; and through the bill of parcels, application was made to Mr. Frewen; Mr. Wright has had the custody of the basket ever since; when I brought down Lewis, Smith was in the shop.

THOMAS WRIGHT sworn.

I am a constable. About three in the afternoon, of the 12th of January, I went to Lakin's house on Bell's application; I found both the prisoners, Mr. Bell, and several other people; the packet was produced to me; I asked the prisoners, but particularly Lewis, where he got it, who said it was his property; the other said he was only porter; I asked Lewis the contents of it? he said it was clothes, dirty clothes, or foul clothes, that came out of the country, from his friends; says I, have you any letter to shew where you brought these from? he said, no, I have not; says I, it is very extraordinary, this is a very handsome package, I will cut it open; I did, and it contained a many things more thanare in this bill of parcels; it contained every article of the goods that are mentioned in this bill of parcels; it is in the same state in which I found it at Lakin's house; Smith said, that they brought it from the Castle and Falcon; I took this out of Lewis's left hand breeches pocket; what they call the drag; and I found a key in his pocket, and I took it out; I searched his chest, and found a great deal of property in his chest; in his pockets I found three handkerchiefs, one marked C. M. a very good one, and two more without a mark.

RICHARD LAKIN sworn.

I live in Chick-lane.

What are you? - A jobbing smith.

You keep an iron shop, do not you? - Yes; that does not fit me.

Did either of the prisoners lodge with you? - Yes, Thomas Lewis .

On the day he was taken up, did you see him at your house? - Yes, between eleven and twelve; he was very much fuddled; he said he was going to the Castle and Falcon, on some business with a young man; and he went out, and came in again about three with the prisoner Smith, and a young man with him, in a kind of servant's dress; and the prisoner Smith had a load on his head; I do not know his name; I never saw him before; Lewis came in first; he was more fuddled than he was before; I asked him who that belonged to, and where it came from? says I, Lewis, it does not seem as how your acquaintance is able to send you any thing of the kind similar to this; he said it came from the Castle and Falcon; and I immediately thinking it was not proper for me to conceal any thing of the kind, though I keep an old iron shop, gentlemen, sent for Mr. Wright, and he came and cut it open.

Are you a jobbing Smith? - Yes.

Did you ever see that before? (shewing him the drag.) - Yes.

Whose property is it? - Lewis's; I cannot tell who made it; it was very hard weather; and in St. James's Park they broke the ice, and they went there and dragged the fish out of it, as I heard him say; I do not know that I have seen it this six months or twelve months; but I have seen him have such a thing in his hand.

(The things deposed to.)

Mr. Garrow to Slater. Who is John Millan ? - The master of the Bull and Mouth inn; he is chargeable.

PRISONER LEWIS's DEFENCE.

I was at the Castle and Falcon, and a gentleman in a white apron applied to me, and said he wanted somebody to carry that parcel to Bleeding-hart-yard; I was too drunk to carry it, and this man carried it; and I said I would give the young gentleman a bit of small cane; and we called at home, and Bell came up and took the parcel.

The prisoner called Richard Lakin to his character.

PRISONER SMITH's DEFENCE.

I was in the tap-room, and a gentleman's servant came in; and we brought the parcel to Lewis's lodging; who brought the parcel to the Castle and Falcon, I do not know; Lewis was so drunk, he could not carry the parcel, and he hired me to carry it.

THOMAS LEWIS , GUILTY .

Transported for seven years .

JACOB SMITH , NOT GUILTY .

Tried by the London Jury before Mr. COMMON SERJEANT.

97. THOMAS BRADLEY was indicted for stealing, on the 12th of January , one linen sheet, value 2 s. one linen shift, value 4 s. one linen bed-gown, value 2 s. a child's callico skirt, value 1 s. a linen shift, value 18 d. a callico bed-gown, value 2 s. and a linen petticoat, value 1 s. the goods of Henry Hayman .

HENRY HAYMAN sworn.

I live at Notting-hill, Kensington Gravelpits ; I am a farmer . On Wednesday, the 12th of January last, I had some clothes drying in a garden at the bottom of a grass-plat; on going out of my own house, I observed one part of the clothes lying on the ground; I went a little farther, when I observed that the prisoner at the bar had that moment either cut or pulled the line down from the post, by which means the whole line of clothes was down; immediately as they were down, he began at the end of the line at which he stood, gathering up the clothes, walking along as he picked them up; upon seeing me, he ran to the corner of the garden; he ran about eight or ten paces with the clothes in his arm, and threw them down over some palisades; from thence he jumped over into the turnpike road; and I pursued him, and took him back into the garden where the clothes were, and asked him why he put them there? he denied being in the garden; I desired my servant to take care of the clothes; and I took him to the watch-house, and gave him to the care of the constable.

Prisoner. Did not you lose sight of the man, before you took me? - It is impossible, from the situation of the place, but what I must; but I only lost sight of him while I opened the front gate; I am positively sure that is the man; there was no one else in sight whatever.

MARY CHAPMAN sworn.

I am servant to Mr. Hayman; I have got the things which were found up in the corner, by the palisades.

(Produced and deposed to.)

GUILTY (aged 20.)

Permitted to go as an East India Soldier, by the recommendation of the Jury and the prosecutor .

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

98. JOHN HARMAN was indicted for feloniously stealing, on the 11th of January , one woollen cloth wrapper, value 10 s. the property of Felchere Holyland .

THOMAS JESSOP sworn.

I am a carman; I live at Felchere Holyland's, Goswell-street. I accuse the prisoner of stealing this wrapper; I caught him taking it out of the cart, and gathering it up as the cart went along; it was lapped up in the fore part of the cart; I did not see him in the cart; this young man did.

JAMES HUBBARD sworn.

I am thirteen years old.

Do you know the nature of an oath; if you tell a lye, what becomes of you; is it a good thing or bad thing? - It is a very bad thing.

What do you know about the wrapper? I was going up Goswell-street, and saw John Harman jump into the cart; and he jumped out again; he ran to the bundle, and took it from the fore part to the latter part.

Was any body with him? - No.

How was it, laying over the cart? - No, it was lapped up of a heap.

Court to Jessop. Was this wrapper lapped up? - It was.

When you was alarmed, what did you do? - I went and catched hold of the wrapper, and he ran off; I cried out stop thief! and ran and took him about fifteen yards off.

PRISONER's DEFENCE.

I had been to Westmorland-buildings with a grazier that I work with; coming along Goswell-street, I heard the cry of stop thief; so this man ran across the way, and caught hold of me, and accused me of stealing the wrapper.

GUILTY (aged 20.)

Transported for seven years .

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

99. JOHN CLINCH was indicted, for that he, on the 7th of December last, well knowing that James Lewis Desormeaux had delivered to Frances Purser , wife of James Purser , a quantity of raw silk, his property, did on the 7th of December last, falsely make, forge, and counterfeit, and cause and procure to be falsely made, forged, and counterfeited, and did willingly act and assist in the false making, forging, and counterfeiting, a certain warrant and order for the delivery of goods, with the name Lewis Desormeaux thereto subscribed, by the name and subscription of L. Desormeaux, he being his servant in his business of a silk-dyer , purporting to be a warrant and order to him as servant, for the delivery of eight pounds weight of raw silk, to the bearer of the said warrant and order ; the tenor of which forged warrant and order is as follows:

"Please to send by the bearaer, 8 pounds of that wharpe nunmarked. L. Desamoacks" with intention to defraud James Lewis Desormeaux .

A second Count, for forging and uttering the same with the like intention.

A third and fourth Counts, for forging and uttering the same, with intention to defraud James Purser .

(The case opened by Mr. Garrow.)

JAMES PURSER sworn.

I am journeyman to Mr. Desormeaux, a black-silk dyer , in Spitalfields. On the 7th of December last, I carried a quantity of Piedmont raw silk from his house to mine; it was a bag of silk about eighty pounds weight; I took it to my wife to mark it, and tie it in proper skains for dying.

Mr. Knowlys, Counsel for the Prisoner, objected that this was an interested witness, and must be released by Mr. Desormeaux.

- GREEN sworn.

Proved a release executed by Mr. Desormeaux.

James Purser . I delivered the same quantity of silk, and in the same condition that I received it from Mr. Murdon.

FRANCES PURSER sworn.

I remember receiving this silk from my husband; and between eleven and twelve, the prisoner came and asked me for eight pounds of silk, to dye colours; I did not know him; he had not applied to me before; I told him I had no such small quantity; he said, it was to be eight pounds out of that I had to mark; but he did not say what quantity I had: he said he was to have it out of the warp; he said, Hacker had sent him to Mr. Desormeaux, and Mr. Desormeaux had sent him to me; I said, are you sure they sent you? and then he gave me the note; I asked him who wrote the note? and he said, Master Lewis Desormeaux , by which I understood, Mr. Desormeaux's son, who manages his father's business; after I saw the note, I asked him to go down in the kitchen; and I gave him the silk; I said I could not weight it; I had no weights; he said, that was of little consequence; if there was not enough, he would come for more at dinner-time.

Mr. Garrow. Then I understand you to deliver it on the credit of Lewis Desormeaux ? - Yes.

Should you have delivered it, if it had been as much more? - Yes, twice as much.

Court. Do you know the hand-writing of Lewis Desormeaux ? - No.

Might not he be expected to write a good hand? - Yes.

Did not it strike you at the time, that this was not his hand? - No, it did not; he looked like a dyer.

Mr. Garrow. How soon after he was gone, did you suspect all was not right? - Before he went out of the house, something came into my head, that he should not carry away the silk unweighed; and I sent a girl to Mr. Desormeaux.

Is that the order he delivered to you? - Yes, it is.

(The order read, and examined with the indictment.)

Mr. Knowlys. Where did you receive that order from last? - I just now receivedit from somebody here; I do not know who it was.

Who has had the custody of it? - Mr. Desormeaux.

That you received from the prisoner; what did you do with it? - I gave it to my husband.

Mr. Purser. I gave it to my master.

Mr. Desormeaux. I have locked it up.

Mr. Garrow. Is that your name on the back? - Yes.

WILLIAM MOODY sworn.

I am servant to Mr. Desormeaux. I remember weighing eighty pounds of Piedmont raw silk, on the 6th of December; I put it in a drawer, with a ticket to it; the next morning I helped put it into a bag, and delivered it to the foreman, Allen Murdon ; after that, I received from Mrs. Purser, between eleven and twelve of the same day, seventy-two pounds six ounces, of the same quality and sort I delivered in the morning to Murdon; there appeared to be a deficiency of between seven and eight pounds; I knew the prisoner; he had been a servant of Mr. Desormeaux's, and discharged about a fortnight; I saw him in Fort street, near Spitalfields, about four or five hundred yards from Purser's house; he was going from his house with a bag across his shoulders, which we call a boiling bag; there was something in it; I called Jack; he turned his head, and kept running on: I saw no more of him till he was taken into custody.

ALLEN MURDON sworn.

I am foreman to Mr. Desormeaux. On the 7th of December, I received about eighty pounds of Piedmont raw silk from Moody; I gave it to James Purser to carry to his wife, to be marked; on her information, I went to her house, and weighed the silk; it weighed seventy-two pounds six ounces, leaving a deficiency of seven pounds ten ounces; the silk was to be taken up, and marked ready for dying, in heads about an ounce or half an ounce, and opened and put on a pin for dying; that is what we call marking.

Mr. Knowlys. Do you know the prisoner? - Very well.

Do you know, in point of fact, whether he can read or write? - I cannot say.

(A release being executed to James Purser , his examination was here continued.)

Mr. Knowlys. When did you put your name to it? - It was lately.

Court. Had it got out of your possession before? - Yes; I was desired to put my name on it by Mr. Desormeaux.

Mr. Garrow. At the magistrate's, I believe? - Yes.

Mr. Knowlys. How long had it been out of your possession, before you put your name upon it? - I kept it about a day.

Mr. Garrow to James Purser . Did you ever part with it out of your possession, till you delivered it to Mr. Desormeaux? - No.

Mr. Desormeaux. I am positive it is the same.

Read.

"Plese to send by the bearaer, 8 pound of that wharpe nunmarked. L. Desamoacks."

Mr. Knowlys. There is no direction upon it? - No.

Court to Mrs. Purser. You can read, madam, cannot you? - Yes.

And previous to the time you delivered this silk, did you read it over? - Yes.

Could you make any sense of it? - It is plain enough for me to understand; unmarked, is without the threads round it.

Mr. Knowlys. Can you read writing yourself? - Yes.

Now do you think that is Mr. Desormeaux, or Mr. Desamoacks? - I did not know how Mr. Desormeaux spelt his name; if I had been so particular to examine every thing, I should not have given it him; but by this he got it.

Then you did not think it came from Mr. Desormeaux? - Yes; he told me so, and I thought so.

Would you take that to be Mr. Desormeaux's name? - Yes, I would, because I am ignorant as to the spelling of his name.

Did you look attentively to the spelling of his name, before you gave it? - I did not particularly attend to the spelling of the name.

Would you deliver it on such a note now? - Yes, I should deliver it on a note.

Therefore you trusted to his representation of it? - Yes; the note convinced me that he was sent for the silk; it was a perfect satisfaction to me, till he got out of the house.

In short, you did not pay much attention to the note till he went away? - I looked at the note, and saw it was as he said; I did not trust to what he said; I gave it on account of the note.

Do you know young Mr. Desormeaux? - Yes, I do know him.

I believe he was at this time apprentice to his father? - I do not know; I never had seen his hand-writing before.

Mr. Garrow. Did this impose upon you as the hand-writing of Mr. Desormeaux? - It did.

Did you on the credit of this, deliver the goods of James Lewis Desormeaux ? - I did.

Court. Did you take this to be the writing of the son or the father? - I took it to be the writing of the son.

Had you ever seen his writing before? - Never, before or since.

MARY HALEY sworn.

I live with Mrs. Purser. I saw her deliver the prisoner the silk; I did not see him give her the note; I am quite sure the prisoner is the person that came for the silk; I saw him afterwards at the justice's.

LEWIS DESORMEAUX sworn.

I am the son of Mr. Desormeaux.

Mr. Knowlys. Are you out of your apprenticeship? - I am not.

Mr. Knowlys. Then I take it for granted, that this young man cannot give evidence, without being released from the articles of his apprenticeship.

Court. That has nothing to do with it, in my apprehension.

Mr. Knowlys. He has given some order, whether right or not, he is about to clear himself.

Court. At present he appears to me to be a competent witness; what may arise, is another question.

Lewis Desormeaux . I am son of the prosecutor; I manage the whole of his business in his absence; I receive goods, and send out goods to be weighed.

Look at that paper; is that your handwriting? - No, Sir, it is not.

Mr. Garrow to Murdon. Are you acquainted with the hand-writing of Lewis Desormeaux ? - Perfectly well.

Is that his hand-writing? - No, it is not.

Mr. Knowlys. Nor the hand-writing of the father? - No.

JAMES LEWIS DESORMEAUX sworn.

Is that your hand-writing? - No.

Is it the hand-writing of your son Lewis? - It is not.

Was it written by any person under your direction? - No, Sir, it was not.

DANIEL HACKER sworn.

I am a dyer of silk in colours, near the prosecutor's. I think I have seen the prisoner, but I never gave him any order in my life.

ROBERT HARRIS sworn.

I am a constable of Spital-fields. I went to Coventry to apprehend the prisoner, on the 10th of December, at night; we found the prisoner there; he was taken into custody, and I brought him to London.

Had you any conversation with him? - Yes.

Did you promise or threaten him? - No; he said he knew nothing of it; on Monday, before Mr. Spiller, what he said was not taken in writing, to my knowledge;he said, one Robert Wilson and John Roberts met him at the Golden Hart, and Robert Wilson wrote the note and gave it to him, and told him to go to Mrs. Purser, and get the silk, and they would meet him at the Alfred's Head, in Union-street; that the prisoner went and got the silk, and took it to the Alfred's Head, and gave it to them; that they had a pot of beer, and left him to drink it, and went out with the silk; when they came in again, they gave him five guineas, took him to the Swan with two Necks, in Lad-lane, and paid for a place to Coventry, on the outside of the Birmingham balloon coach; that they staid drinking with him till it was time for the coach to go off; that then they saw him on the coach, and said they were going to Ireland.

Mr. Knowlys. Did you go with the constable of Coventry, for him? - No, Sir.

Was he found at work there? - I heard say he was at the public house.

Mr. Garrow to Prosecutor. What is the value of these eight ounces of silk? - From thirteen to fourteen pounds.

Mr. Knowlys. My lord, I arise with a great deal of humility, to deliver my sentiments to the Court; I hope I shall always refrain from doing it, where I have not a very full and labouring weight on my own breast, that unless I deliver my sentiments, I am deserting my duty to my client. I have several objections; one to the form of the indictment, and another to the construction of the act of parliament under which this case is attempted to be drawn. I hope it will be some apology for me to state that this is a case that is of a complexion that has not yet come before the Court. My lord, it has been established by the authority of many cases, first, by the case of Mary Mitchell , in Foster's Reports, and a subsequent case of the King and Williams, in Term Law; that being an offence within the meaning of the statute, the thing purporting to be forged, must be an order in some measure compulsory on the party holding the goods; that is to say, that it shall be an order from the person claiming the possession and the disposal of the goods; on that principle it is, that having first established that, I think the indictment is defective in its form, so that no judgment can be given upon it, even supposing that the case on the principle should be against me.

Court. You say that it must be an order from some person having authority to dispose of the goods.

Mr. Knowlys. In the case of Mary Mitchell , it was the case of a pauper carrying to a shop-keeper an order, purporting to be an order of the overseer of the poor, desiring to have certain goods, for which he would pay as overseer; upon that the sense of all the judges was taken; and I think, nine of them were of opinion that this was not within the meaning of the act of parliament, inasmuch as it must be an order compulsory on the holder of the goods, but that this was merely a request and suggestion of an intention to bargain for the goods, for which he was afterwards to be responsible. There is a case of the King and Williams: the order there was addressed to a Mr. Gilmer, of Portsmouth; the order was this: Sir, please to let the bearer, Captain George Williams , have twelve barrels of tar, and in so doing you will oblige your servant to command:" there it was held it was not an order to the person having the positive disposal of the goods, but only an order from a tradesman, which he might or might not execute. My lord, there has been afterwards cases which have been of this sort: an order directed to the person holding the possession of goods, as coming from the owner of those goods, the person having a real property in those goods, but the order signed by the owner. My lord, I submit the prosecutor must go this length to bring this case within the construction of the act of parliament; he must go the length of putting a sufficient charge of that sort on the record; that that order does come from a person, purporting to be the owner of the goods, and to have the disposal of them; now this order, which is expressly shewn onthe record, not to come from the real owner of the goods, does come from some person who stands within the situation of the owner; there they fail; first the indictment itself shews, that the property is in the father; next the indictment shews, that the person giving the order, is not the owner, but some other person, but a servant; to bring it within the construction of the act of parliament, they should have established this in evidence; supposing the indictment to be correct; that this servant was a servant sui juris; that he gave orders; that all persons acquiesced with his orders; and that his orders were in the usual course of business, and paid as much attention to as the master himself. I submit, my lord, that there is no evidence of the situation of the person himself, as an apprentice only, and under the command of the master; the father has not said, and no servant acting in the house has said, he was in the habit of giving orders, and that the tradesmen were in the habit of receiving orders.

Court. I understood the evidence of the son was, that he managed his father's business in his absence, and received goods, and sent goods out to be dyed. Whatever may be the opinion of the judges, I will state it for their opinion, the first day of the term; I will hear the argument on the other side, if you please: the case of Williams is new to me.

Mr. Knowlys. Then I have an objection to the form of the indictment. This is averred to purport to be an order from Lewis Desormeaux , by the name and description of L. Desamoacks: I take it there must be some purporting on the indictment; and this name cannot be healed by any oral testimony, that it did purport to be that, and so he intended to represent it; besides that, I take it this must be an order on the person holding the possession of the goods; and here it is not affirmed that this is an order directed to the holder of the goods, and therefore non constat upon the face of it, that it is an order on the person holding the goods, for the delivery of those goods. My lord, the next point which I think bears a great deal stronger against this case, than any one I have mentioned yet, is to the form of the indictment likewise: I take it the regular form of the indictment should have been, that the person did publish a certain order, purporting to be an order for the delivery of goods, signed so and so, against the statute: I take it, that the prosecutors, by their extreme caution to bring this particularly within the bearing of the law, have overshot their mark, and rendered this indictment insufficient; they have gone out of the regular form, and indicted him this way: that the owner of the goods was in possession of such and such goods; that this defendant, well knowing these facts, did present an order, purporting to be the order of the servant to the holder of the goods, to receive the goods; that the prisoner was then a servant; having so particularly put it; it has not gone on to state that that servant was the servant empowered by the master, to give and deliver such orders to persons to deliver those goods; thefore they have gone out of the regular form of the indictment, that he did publish such an order as described; who has done this as described? that it is done by a person being a servant; that is averring that the servant had an authority. Now if they had left it generally as an order for the delivery of goods, signed so and so, and then put it upon evidence, whether such an order was an order within the act of parliament; then it must have fallen, or not, within the construction of the act of parliament: they have said it was by a person having particular authority, and have not stated that he had a complete authority; if they had confined themselves to general terms, I could have had no objection, except that the evidence did not apply to the construction of the act of parliament; but in this case there is a defect in the indictment, of which I am entitled to avail myself, in point of form, so far as may be to the benefit of my client.

Mr. Baron Perryn . This is a new case; and I am not at all anxious to decide a new case, where life is concerned.

Mr. Garrow. My lord, on the part of the prosecution, I beg leave to observe on the objection, which beyond all question, if it had the best of all foundations for an objection, a foundation of fact, would have been one to which I am quite unprepared to give any answer, namely, that if this was so decidedly in the nature of Mitchell's case, that the person whose authority this was, had no authority over the goods; your lordship has relieved me of that, by observing that this person had an authority. There is a very remarkable expression in the decision of the judges, in some of those cases which my learned friend has seen, which he did not state; that the person giving the order, ought to possess some interest in the goods, or disposing power over them. It is enough; for bringing this out of Mitchell's case, and bringing it into Jones's case, that the person claims to have a disposing power, not for his own benefit, not sui juris, but a disposing power; then beyond all question, Mr. Lewis Desormeaux has a disposing power over these goods.

Court. What the words of the case are, I do not know.

Mr. Garrow. There is Lockitt's case, which was of the same sort:

"Please to pay the bearer ten guineas." It was said, this does not assume to be an order for the disposition of it, and looks like a request to be favoured with something; it is not an order to dispose of it, or any authority to alter the possession of the thing. In Mitchell's case, it did not proceed on that which my learned friend has said, but it was only a ticket, authorising a pauper to receive a certain thing. There was a case of Jones, which was in October sessions, 1764, before the late Lord Chief Baron Smythe ; Lord Mansfield and Mr. Justice Bathurst were present; there the order was,

"Sir, please to deliver my work to bearer. Lydia Bell , Queen-street, London." This was the case of a work sent to be assayed; this was the ticket to deliver it: first, it was not addressed to any body, nor in the indictment was it said to be addressed to any body; but in this case, the question is, does this purport to be the order of Mr. Desormeaux? if it does, then the fact is made out to the satisfaction of the jury; is equally a forgery, and equally made good by these statutes. That case is in print in a collection of crown cases, and Owen's case, in 1784, last Ed. 1st Hawkins, page 211; there it was called

"My work." In all these cases, there it purported to be the order of the proprietor, by the principle laid down in the cases before you, where the party claimed a power to alter that principle, still it shall be a forgery.

My lord, if you consider the extreme mischief in all the banking houses, in all the manufacturing towns, who carry on the greatest part of their business by their foremen, and in goods to the amount of many millions of money in the year; they are transferred from hand to hand, by the foreman; still the party whose name is purported to be forged, had not a disposing dominion of the goods transferred; and we know how many of those things are transferred by tickets with initials; and we know how many by hieroglyphicks. My lord, on the subject of the name, you have only to be referred to a case, in which it has been determined, that if you forge another man's mark, with intent to defraud him, that is as much a forgery, as to forge his name. The indictment charges, this was intended as a forgery of Mr. Desormeaux's name. Then there is a very formidable objection to the form of this indictment; for it seems it has stated a little too much, and a little too little. My learned friend agrees, in the common form, that it would have done; but he says, inasmuch as I have added to the name of Lewis Desormeaux , who he is, I have stated too much; and inasmuch as I have not said Lewis Desormeaux had power over those goods, I have not said enough; and says he, the said Lewis Desormeaux , then and there being the son; why you may reject it as a surplusage, taking it, it was necessary to state this, which I think is the better opinion; then I say the other is a mere matter of evidence. Says my learned friend, iteither must be on the record stated, or it must be in evidence.

Mr. Knowlys. A certain warrant and order for delivery of goods, with the name L. Desamoacks thereto subscribed, purporting to have been signed by the said Lewis Desormeaux .

Mr. Garrow. Therefore, my lord, it is the offence of forging that warrant and order of a servant of a particular name, purporting to be the servant of the owner of the goods; therefore I contend, my lord, that this is a forgery; it is certainly the exhibition of a false token; I say this appears to be a forging an order for the delivery of the goods for the proprietor; therefore I shall add this to it, that that servant was authorised by the proprietor, to give such orders for the delivery of the goods.

Court. As this matter is to be referred to the opinion of all the judges, it will be unnecessary for me to declare any opinion at this time; therefore sentence, if the jury shall find him guilty, will be respited till the opinion is known, if my brother is of the same opinion, as it is a new case.

Mr. Baron Thompson. I am of the same opinion.

PRISONER's DEFENCE.

I have nothing farther to say, than I know nothing of the hand-writng of the note.

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

The jury retired for some time, and returned with a verdict,

GUILTY , DEATH .

Sentence respited for the opinion of the judges.

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

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

Received sentence of Death, 12, viz.

Alldin, Charles - 55

Buckeridge, Daniel - 55

Cook, George - 55

Desouza, Soze - 72

Herbert, Thomas - 84

King, Ann - 57

Mac Millan , Neal - 63

Pointer, Thomas - 56

Randall, John - 83

Rhodes, Ann - 73

Smith, William - 64

Wallis, John - 82

To be transported for Seven Years, 16, viz.

Blackwell, Elizabeth - 75

Bromwell, Thomas - 89

Carroll, Mary - 67

Fellows, Edward - 70

Harman, John - 98

Hodder, Priscilla - 78

Humphries, Lawrence - 59

Jones, Susannah - 67

Lewis, Thomas - 96

Meadows, George - 71

Mills, Sarah - 92

Nelson, William - 76

Reynolds, Stephen - 58

Seddon, Peter - 79

Smith, Ann - 80

Solomons, Abraham - 59

To be imprisoned Twelve Months, 2, viz.

George Smithson, John Gardner (fined one shilling.)

To be imprisoned Six Months, 6, viz.

Adam Ward , Mary Ingler , Frances Smith (fined one shilling); Elizabeth Proctor , Isaac Gill , John How .

To be imprisoned Three Months, 1, viz.

James Mac Cormick .

To be whipped, 10, viz.

George Pollard , Evan Jones , Adam Ward , Joseph Lucas , David Gilbert , Lewis Durant , Richard Noah , Isaac Gill , John How , James Mac Cormic .

Judgement respited on John Clinch , a capital Convict.

Mr. HODGSON

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