Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 03 September 2014), April 1791 (17910413).

Old Bailey Proceedings, 13th April 1791.

THE TRIALS AT LARGE OF THE CAPITAL and other CONVICTS, ON THE KING'S Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex, HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday, the 13th of APRIL, 1791, and the following Days;

Being the FOURTH 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 IV. 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.

MDCCXCI.

THE TRIALS AT LARGE, OF THE CAPITAL and other CONVICTS, ON 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 LLOYD Lord KENYON, Lord Chief Justice of his Majesty's Court of King's Bench; the Honourable Sir BEAUMONT HOTHAM , one of the Barons of his Majesty's Court of Exchequer; the Honourable JOHN HEATH , one of the Justices of his Majesty's Court of Common Pleas; Sir JOHN WILLIAM ROSE, Serjeant at Law, Recorder of the said City; JOHN SILVESTER , Esq. Common Serjeant, and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

First London Jury.

Geo. Curzon Addis

Thomas Axtell

Tho. Adamthwaite

Joseph Norville

James Farthing

John Chadwick

Robert Peirsey

Dudley Johnson

Thomas Stevenson

James Hyde

Joseph Champney

Philip Stevens

Second London Jury.

Frederic Gardiner

Thomas Lewis

Thomas Bingley

Harry Hale

Samuel Arnett

Richard Strout

John Butcher

Thomas Harriott

William French

Matthew Hellier

Henry Tedder

Phillip Day *

* Benjamin Phillips served some time on this Jury.

First Middlesex Jury.

James Keene

Thomas Farmer

Thomas Holby

Thomas Hurst

Joseph Foresyght

Charles Greentree

Leonard Cousins

James Rutt

Hugh Lawrance

John Lewis

Philip Perrin

David Lewis

Second Mid. Jury.

Thomas Kempton

Evan David Jones

William West

Alexander Lambley

Thomas Saunders

John Boon +

+ Charles Dyson served on Saturday in the room of John Boon .

Thomas Quintil

Thomas Tilley

Henry Gillies

Charles Tuck

Charles Saunders

John Mayo

N. B. The Second London Jury was sworn on Friday, and the First discharged.

144. JOHN SIMMONDS was indicted for stealing, on the 19th of March , a silver table-spoon, value 10 s. the property of the Hon. John Levison Gower .

STEPHEN HARRIS sworn.

I live with Admiral Gower ; on the 19th of March a man came to enquire for my master, if he was at home; he sent up a differentname to John Simmonds , sent his duty, and would be glad to speak to my master, he said he did not know him; I came and told him, he begged me to go up again; I had got up a few steps, and saw him open the parlour door, I returned and called my fellow servant, he came up, and the prisoner had just got out of the parlour, and was shuffling something into his pocket or breeches; he said he had taken nothing; I told him he had; and he held out the spoon; he went through the fore-parlour to the back-parlour, where the spoon was, and the cloth was laid. The prisoner was secured.

RICHARD STALEY sworn.

Deposed to the same effect.

(The spoon produced and deposed to.)

PRISONER's DEFENCE.

The parlour-door was open; Mr. Gower's hat laid on a chair, and the spoon on another, and I took the spoon and said, I have cleaned these spoons many a time; I once lived a boy in the family. Mr. Garrow knows me, if I had money, and I supported Mr. Fox's election.

The prisoner called two witnesses to his character.

GUILTY .

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

[Transportation. See summary.]

145. JEREMIAH BOWERS was indicted for stealing, on the 3d of March last, a wooden box, value 6 d. and a cotton gown, value 5 s. and divers other things , the property of Mary Page .

WILLIAM SMITH sworn.

I am a school-boy, I live in Cold Bath-fields, my father is a coach-master, I know the prisoner, I saw him in Smithfield on Thursday, the 3d of March, between seven and eight in the evening, he was a stranger to me, I was coming from the Spread Eagle, Grace-church-street; I was going through Smithfield with a wooden box, and two men came behind me, and knocked the box from under my arm; it fell to the ground; the said Jeremiah Bowers picked it up, and put it on the head of the other man who was in company with him; he said to him d - n you, be off, it is your box; Frances Gray laid hold of him by the collar, and said he should not have it, she was with me at the time; she was then servant to my father; the prisoner struck her with a stick across the head; he then run away, after striking her several times; the other man run away with the box; I do not know the contents of the box.

Jury. What age are you, my boy? - I am fourteen.

Mr. Garrow, Prisoner's Counsel. The first thing you met with was, one of the men struck the box out of your hand; did you ever get your goods again? - No.

FRANCES GRAY sworn.

On Thursday, the 3d of March, I was with the other witness; in coming back through Smithfield, the prisoner knocked the box out of Smith's hand; I went to pick it up, and the prisoner at the bar took it up, and put it upon the other man's head, and said it was his box; I told him it was not his box, and neither should he have it; then he upp'd with his stick and struck me, and the other went off with the box, and the prisoner went off; I saw him again at the Justice's, Clerkenwell-green; I knew him immediately, I did not know the contents of the box, it was a wooden box.

MARY PAGE sworn.

I was in company with the two last witnesses, I am positive the prisoner at the bar was the man; on coming through Smithfield I saw two men behind us, and they knocked the box from under the boy's arm; it was the prisoner that pushed it from under his arm upon the pavement; then he picked it up, and put it on the other man's head; Gray and the boy had hold of thebox, and there was a scuffle with the boy and Gray, and the prisoner struck Frances Gray on the head, he hit her several times; then the man ran off with the box, and the prisoner went away.

THOMAS SMITH sworn.

I know nothing of the robbery, I was bound over with my son.

JOHN LUCY sworn.

I apprehended the prisoner on the 4th of March, the day after the robbery.

Court to Mary Page . Do you know the contents of the box? - Yes, it is my property, I packed it up myself at Chatham; there was one cotton gown, and all the articles that is in the indictment were in the box; it was given to the boy at the Spread Eagle, who took it under his arm; I came by the Chatham coach on Tuesday, and left the box till I called for it on the Friday; it was screwed down with two screws.

Prisoner. I leave it to my counsel.

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

GUILTY ,

Of stealing, but not violently.

Tried by the London Jury before Mr. RECORDER.

[Transportation. See summary.]

146. JAMES ANGUS was indicted for stealing, on the 9th of March , a leather pocket-book, value 12 d. the property of Dudley Hyett .

DUDLEY HYETT sworn.

On the 9th of March I was standing at the corner of Queen-street , while a cart was going by, between eleven and twelve at noon; I felt it go, and the prisoner dropped it from under his great coat; I saw him drop it, the constable has it.

JAMES RYCROFT sworn.

I was coming up Cheapside, I was a little distance from them, and saw the prisoner drop the book; the prosecutor called stop thief, and I took him directly.

JOHN FENNER sworn.

I am a constable, the book was given me by the Lord Mayor.

(Produced and deposed to.)

GUILTY .

Tried by the London Jury before Mr. Baron HOTHAM .

[Transportation. See summary.]

147. JAMES HOLT and THOMAS WRIGHT were indicted for feloniously cutting and ripping, with intent to steal, twenty pounds weight of copper, value 20 s. the property of Edward Tanner .

EDWARD TANNER sworn.

I live at No. 19, Grubb-street, I lost this copper on the 10th of April , I only prove the property; I have nine houses at Pimlico.

FRANCIS PENNY sworn.

I know Mr. Tanner's house, I know he has nine houses at Pimlico on last Sunday evening Mr. Hatchett who lives opposite, came and rang my bell, and said there were thieves on the houses; I went with a candle and lanthorn in one hand, and a pistol in the other, I searched the house, and found one of the prisoners in the chimney, and called to him, and told him he was a dead man if he did not come down; he came down and I took him: after that I went and searched the nine houses, and found the sheet of copper rolled up ready to take away: Holt was taken to the watch house.

THOMAS GARRARD sworn.

On Sunday evening last I heard there was an alarm of thieves on the houses; about nine o'clock I was set to watch, to see they did not escape; we heard a noise of somebody coming down, I saw Wright comeout of the kitchen, I pursued him as far Lady Dacres's Alms-houses, I took him.

JAMES SIMPSON sworn.

I took the copper from the building, it was in the gutter, it was ripped off the biggest part of the gutter, it was moved from the place where it was ripped to the other gutter; I took it and fitted it, and it matched exactly.

WILLIAM EDWARDS sworn.

I was with the former witnesses, I saw the prisoner Holt coming down from the top of the house; he threw down the copper tied up in this apron, I found a hat which had dropped in the back kitchen, which Wright owned as his hat.

JAMES ZEAL sworn.

I took James Holt , whom I assisted out of the chimney, and took to the watch-house.

THOMAS LOWERY sworn.

I know nothing only the prisoners were brought to the watch-house with the copper, I put my mark on it, and it has been ever since in my possession.

Serjeant Edins appeared for Wright, and spoke to his character.

Serjeant John Wilson appeared for James Holt , and spoke to his character.

JAMES HOLT , THOMAS WRIGHT ,

BOTH GUILTY .

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

[Transportation. See summary.]

148. JOHN SMITH was indicted for stealing, on the 13th of April , a linen shirt, value 5 s. the property of Hammond Pain .

ANN PAIN sworn.

I am twelve years next October, I live in Park-lane , my father is a publican ; if I swear wrong I go to the devil, and if I swear right I do not; on the 13th of this month I was in my father's tap-room, making shirts; he lives in Park-lane, it was about six in the evening, nobody was in the tap-room, my mother went backwards to fetch a plate; the prisoner was drinking a pint of purl, he was there all the afternoon, I was marking of shirts, and I went out of doors to thread my needle, it was rather dark, and I laid the shirt on the bench, and he took and put it into his pocket, I saw him do it; he had been at our house once or twice; I ran after him, and a gentleman caught him a good way off; I saw him taken, and the shirt was in his waistcoat; I saw it taken from him.

JOHN WATERFIELD sworn.

I caught the prisoner; I was going along and saw the little girl crying.

(The shirt deposed to.)

PRISONER's DEFENCE.

I went into this house with a shirt under my arm, I fell asleep for two hours, and found the shirt was gone, I saw this shirt on the tap-room table, and I walked out with it.

GUILTY .

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

[Transportation. See summary.]

149. GEORGE ALLET was indicted for feloniously forging, on the 14th day of May last, a certain order for payment of money, dated the 3d of May, 1790, with the name of James Long , junior, thereto subscribed, purporting to have been signed by James Long the younger, and to be directed to Mess. Prescott, Grote, and Co. for payment of 25 l. to Mr. Thomas Price , or bearer, with intention to defraud the said George William Prescott , and Company .

A second count for uttering a like forged order for payment of money, knowing it to be forged, with a like intent.

A third and fourth counts for feloniouslyforging and uttering as true, with the like intention, to defraud William Jones .

(The indictment opened by Mr. Knapp, and the case by Mr. Garrow.)

WILLIAM JONES sworn.

I am a grocer , I live at Enfield, I know the prisoner, and saw him on the 14th of May last in Waltham fair, where I had a horse for sale; I was riding in the fair, and met the prisoner, who asked me the price; I told him twenty-five pounds, or twenty-five guineas; the prisoner said it was a deal of money, and asked to see the horse rode; we parted without agreeing for that time; I saw the prisoner about two hours after my return from the fair home to Enfield, who came to my house, and enquired about other business, not particularly relating to the horse, but that being introduced, he agreed to give twenty-four pounds five shillings for the horse, which I told him I would take, when he gave me this note (the note produced) for the value of twenty-five pounds, and I gave him fifteen shillings in change. I kept it that night, and on the morrow morning I presented it for payment, and it was refused; I did not see the prisoner for half a year or more, until he was taken up and at Bow-street.

Did the prisoner at the bar ever tell you where he lived, and what he was? - He informed me he was a cheesemonger in Covent Garden, and dealt in the wholesale way.

Did he say what part? - He did not, but he gave me this written direction as his address.

(The direction produced.)

What else did he say at that time he bought the horse? - He said he had nothing to take the horse home with, on which I lent him a pair of spurs and a bridle.

After you found the note was refused at Mess. Prescotts and Co. what did you do in consequence of that? - I went immediately to New-street, but could not find any such person there.

Mr. Knowlys, Prisoner's Counsel. You had a conversation of some length with the prisoner at Waltham-abbey fair? - Yes.

He bargained very hard about this horse? - Not very hard.

He offered at first twenty pounds? - No, he did not.

What was the price? - I informed you before.

You asked him twenty-five pounds, and he said it was too much? - He did.

How long might you be settling, or endeavouring to settle at the fair? - When he came to Enfield we settled in a very short time.

First of all answer my question; you did not agree at all at Waltham-abbey fair? - We did not.

Did not he offer you as low as twenty pounds at that fair? - He did not.

He did offer you something less? - He did.

You gave him your address at Enfield, and he came to you? - He asked me for it.

You was some time before you could agree at Enfield? - No, very little time.

You know there was something, you did not agree, and he went over to the inn? - Yes, but he soon returned.

So, in point of fact, there were three conversations about the horse, before you agreed together? - Yes.

Now, at the time he gave you this draft, did not he tell you he could not be able to make up the price unless you would take a draft he received at the fair? - I am certain he said no such thing.

Court. He did not say he received it at the fair? - He did not.

Mr. Knowlys. Did not he tell you he had not cash enough to pay for it? - I cannot say whether he said that, I understood that I was to have had money for it; but appearing to be a creditable person, I thought the note would be equally the same.

He said he had not got money enough, and he gave you the draft? - He did.

You say he told you that he lived in Covent Garden, and you went to New-street, how came you to go there? - From the directions he gave, which said New-street, Covent Garden.

Mr. Prescott has a considerable seat in your neighbourhood? - He has, and therefore I did not doubt the credit of that note.

You heard afterwards of your saddle and bridle, that it had been burnt in the stable where the horse was lodged? - There was such a thing mentioned.

Did not you learn it from the prisoner himself? - He told me so.

Then, in point of fact, there had been a fire in some stable where the prisoner had deposited this horse? - I cannot learn that as a fact, he said so at Bow-street.

Did not you learn there had been a fire at the stable where he had deposited the horse? - I never heard of the horse.

Did not you learn, in point of fact, that the stable where the prisoner had deposited the horse had been burned? - I never learned it, I knew there was a fire in Long-lane.

Court. How long after the sale of the horse at Enfield, did the fire happen in Long-lane? - I do not know.

(The draft read.)

"No 62, Threadneedle-street, May 3,

"1790.

"Mess. Prescott, Grote, and Co. pay

"to Mr. Rice, or bearer, 25 l.

" James Long , Junior."

EDWARD PARRY sworn.

I am clerk to Mess. Prescott, I have lived there about eight years.

On the 3d of May last, or thereabouts, was there any such person keeping cash as James Long , junior? - There was not.

Mr. Knowlys. How do you recollect that? - By the books.

Only by the books? - Yes, I know all the customers we have; but having looked over the books, it makes me more certain.

Have you any customers of the name of Long? - Yes, we have.

(The directions the prisoner gave read.)

" George Allett , New-street, Covent

"Garden."

Court. Do you give checks to any one that asks for them? - To customers we do.

PRISONER's DEFENCE.

I took the draft at the fair that very morning, of one Mr. Cruthers, of Stepney-fields; in the next place, in regard to my address, I live at No. 34, in the aforesaid street.

Court. What is the aforesaid street? - I am so confused I cannot recollect it; in New-street, Covent Garden.

Court. These are notorious facts, and could be proved; have you any witnesses? - My Lord, the first man that was called, but has not appeared, was subpoena'd; I am afraid my prosecutor has got him out of the way on purpose.

Mr. Garrow. This trial was put off last sessions on account of his witnesses not being ready, and he was ordered to be ready by eight o'clock this morning.

GUILTY, of uttering and publishing, knowing the same to be forged , Death .

Tried by the first Middlesex Jury before Lord Chief Justice KENYON.

150. WILLIAM DRUCE was indicted for burglariously and feloniously breaking and entering the dwelling house of William Dresser , about the hour of eight at night, on the 7th of March , and burglariously stealing, nine silk handkerchiefs, value 40 s. his property .

WILLIAM DRESSER sworn.

I live in East Smithfield , I keep a linen-draper's shop ; on Thursday we were violently alarmed by a breaking of the window, we went to the door and it was tied; I went out as soon as the string was broke, and saw the boy; he was caught before I came up to him; we found a glove inside the window, and he had his hand cut above the glove, and was bloody; there were two pieces taken out, but only one found on the prisoner.

GEORGE ATKINSON sworn.

I was on the opposite side of the way talking to an acquaintance, I heard the alarm of breaking the window, and taking cut something, but could not tell what; it was dark, but there was a very great light in Mr. Dresser's shop, by which I distinguished him, I pursued him, and he threw the handkerchiefs under my feet, and I picked them them up: I saw him throw them down myself.

(The handkerchiefs produced and deposed to.)

JAMES CRISP sworn.

I was passing by on my business, and heard the alarm of the window breaking, and saw the prisoner run away, and this gentleman after him, and I then pursued him, and took the prisoner directly, within a few yards; I did not see him take any handkerchiefs, I was not making any observations.

PRISONER's DEFENCE.

Last Thursday night I went to Crown-court, Wapping, and a short man ran by me, and soon afterwards those men came up and took me; I am prentice to a fishing-smack, and that very night she failed, and was going to it as I came up to see my aunt.

GUILTY , Death . (Aged 12.)

Recommended to mercy by the Jury, on account of his youth.

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

151. JOHN RYAN , otherwise called GEORGE KING , was indicted for feloniously stealing, on the 2d of April , a watch, with the inside case and the outside case made of gold, value 8 l. a silk ribbon, value 1 d. a metal key, value 1 d. a steel bed-hook, value 6 d. the property of William Tanner , in the dwelling house of Edward Mansfield .

WILLIAM TANNER sworn.

I live privately; on the 2d of April, between seven and eight, I left my watch upon the drawers in my room, I am only a lodger in Hare court, Aldersgate-street , I went out for about half an hour, my landlord's name is Edward Mansfield ; when I returned the prisoner was at the bottom of the stairs, I stepped back into the yard a minute, and going up stairs, I met the prisoner coming down stairs, I thought he was following me up stairs, as usual, to dress me, he is a hair-dresser, he had dressed me three times; immediately as I went up stairs, I missed my watch, the watch was found at a pawnbroker's, Mr. Harrison's, in Tottenham-court-road; I saw it at Sir Sampson's the Monday after; the watch was given to me; there was a black silk ribbon, a metal key, and a steel bed-hook to it.

THOMAS CHAFFINCH sworn.

I am a pawnbroker, servant to Mr. Harrison, I know the prisoner, I am sure he is the man that pawned the watch on the 2d of April, about nine o'clock in the morning, he asked three guineas upon it, he was very much intoxicated at the time, he said it was his own property; I asked him if he was sure of it; then he said he brought it from a person that he dressed; I then had him secured and taken to Bow-street, and the watch; it is a gold watch, I have had it ever since.

(Produced and deposed to by the prosecutor, No. 7482, William Freake .)

(Watch banded to the Court.)

MARY MANSFIELD sworn.

Mr. Tanner lodged with me at the time his watch was stole; I was in the passage when the prisoner went up stairs, and Mr. Tanner went into the yard; then he went up stairs, and came down in a great hurry, and said he had lost his watch, and asked where the man was that went up stairs; I said he was gone.

Court to pawnbroker. What is the valueof the watch eight pounds, a gold watch? - It is, it has the hall mark upon it.

PRISONER's DEFENCE.

I know nothing of taking the watch, it was a shop-mate that came to work for Mr. Woodward that morning that took the watch.

GUILTY , Death .

Tried by the London Jury before Mr. RECORDER.

152. JOHN SMITH was indicted for feloniously returning from transportation, and being found at large, before the expiration of his sentence .

JOHN OWEN sworn.

I produce the certificate of Mr. Shelton, of the prisoner's conviction.

(Read.)

Court. Was you present when the prisoner was tried? - I was.

When was it? - It was February Session, 1784.

What was it for? - A highway robbery, he was pardoned on condition of being transported to America for the term of seven years.

John Penderry called and did not answer.

WILLIAM ROBINSON sworn.

The prisoner came to our house on the 2d of January, 1787, to look at some silk stockings; he said he could not see, and desired I would bring some to his lodgings, No. 6, Spring Gardens, and he looked out six pair; I have not seen him since 1787, until he was taken; I have no doubt he is the same man.

Mr. Knowlys, Prisoner's Counsel. You have no doubt! why this was four years ago; can you venture to say he is the same person? - I have no doubt.

PRISONER's DEFENCE.

I leave it to my counsel; I thought it had been lunar months, and not callendar months, or I should not have been in England.

GUILTY , Death .

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

153. ISAAC REGUS was indicted for feloniously breaking and entering the dwelling house of - Tennant , on the 24th of February last, and stealing eight linen caps, value 8 s. and sundry other things , the property of Mary Johnson .

MARY JOHNSON sworn.

I live in Hare-court , and only rent a room at Mr. Tennant's, who lets his house out in tenements: I went out at eleven in the morning in February, I locked my door with two padlocks, and another lock besides, I left nobody in the room; I was sent for, and informed my room was broke open; I returned about twelve o'clock at noon.

Did you know the prisoner? - I never knew him in my life; they were taken out of a tub.

ELIZABETH WILLIAMS sworn.

I am next door neighbour to Mary Johnson ; on Wednesday, the 24th of February, I heard a noise in the next house, and I went out and saw the prisoner come down stairs, and drop the linen at the outside door in the court, and he run away; I am sure the prisoner is the man; I saw him in a minute after, he was taken and brought back.

ANN RUTT sworn.

I live in the same court; I saw a man come down stairs, but do not know him again.

- SHAKESHAFT sworn.

I am constable. (Produces the things.) Ihave had them in my possession ever since they were delivered to me by Phillips.

- PHILLIPS sworn.

I was in the court, and saw the things in the court, and took them up, and gave them to Shakeshaft.

To Mary Johnson . Did you see Phillips take up the bundles? - No, my Lord, they were taken up before I got home.

(The things deposed to by the prosecutrix.)

PRISONER's DEFENCE.

I was in Spitalfields-market, and heard the cry of stop thief, I ran and they took me, I work in Field-lane, I have several respectable people to appear for my character.

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

GUILTY ,

Of stealing to the value of 10 d. only.

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

[Transportation. See summary.]

154. WILLIAM JONES was indicted for feloniously stealing, on the 5th day of March , a tin box, value 1 d. fifteen guineas and fifteen shillings, the monies of John Taylor , privately from his person .

JOHN TAYLOR sworn.

On the 5th of March, I was at the Hampshire Hog, St. Giles's , about eleven o'clock in the evening, I had been drinking and fell asleep; when I awoke, I found I had been robbed of fifteen guineas and some silver: I made a noise, and one began to make a noise, and another made a noise; two of the people in the room were searched, but nothing found; the prisoner had escaped, we took a woman and a man to the watch-house; the next day the prisoner was taken by the patrole on suspicion, he being a poor boy, and being flush of money, and had bought him a coat and some other things.

JAMES LEWIS sworn.

I was in the room at the Hampshire Hog at the time, I saw the prosecutor there, and the prisoner sat behind him; I saw the prisoner take a tin box out of the prosecutor's left-hand coat pocket, and went out of the back-door of the same house.

Court to Lewis. Where did you meet Taylor? - At the Globe, Dudley-court, in Crown street, Soho. Taylor said he did not know his way home, and asked me to see him home to Milk-street, Cheapside, about twelve o'clock; then we went to the Hampshire Hog, about a quarter of an hour after that he fell asleep; we had before that half a pint of mulled raspberry; he had not been asleep five minutes before he lost his money.

Court to Taylor. Do you know Lewis? - I never saw him before.

Where did you meet him? - In Dudley-court, Crown street, Soho, from thence we went to the Hampshire Hog, where I fell asleep and lost my money; we drank some gin and raspberry.

The PATROLE sworn.

I am patrole, I heard of the robbery, and I saw Jones the next evening dressed in another garb than usual; he asked me if I knew him; I looked under his hat and said yes, I have been looking for you these two hours; upon which I took him and searched him, and found a guinea in the heel of his stocking, and one shilling and sixpence in his pocket; then I took him before Justice Walker, and he was committed.

GUILTY , Death . (Aged 18.)

Tried by the first Middlesex Jury before Lord Chief Justice KENYON.

155. THOMAS CHASELAND was indicted for feloniously breaking and entering the dwelling house of Thomas Copps , about the hour of five in the afternoon, on the 5th day of April , and stealing two hundredand thirty new silk handkerchiefs, value 40 l. his property .

THOMAS COPPS sworn.

I live at No. 7, Ratcliffe-row, St. Luke's, Old-street ; on the 5th of this month I went out about two o'clock, I returned about five; a little girl told me that thieves were then in my house; I went in and found the prisoner in custody.

ELIZABETH WYNN sworn.

I was in Mr. Copps's house on the 5th of April, about five o'clock, I work there weekly; I was in the back-parlour, the things were taken from the fore parlour, I thought I heard somebody at the door, I went to the door, and found it open, I went to the front parlour, and missed a bundle of goods, I went to the door, and saw the prisoner in the field with the goods; I cried stop thief, and saw him with two bundles in the fields; the prisoner then run away, and I ran across the fields, and picked up one of the bundles, I only missed one at first; Rigbey took the prisoner in two minutes after; I do not know how he got in the house, he was out of my sight but a small space.

MARY-ANN JACKSON sworn.

I was in the house at the same time, in the kitchen, and heard the door opened, I just let my young mistress out, and shut the door immediately, it opens with a spring latch inside and out; I called out, who is there? nobody answered; I met the last witness coming from the gate, who said we had been robbed; I then went to the gate, and saw the man standing by the goods in the field, with his apron in his hand; and we both cried stop thief! I picked up one bundle, and the last witness picked up the other, and he run away; he had his apron in his hand just going to tie up the bundles in it; he was pursued and taken, and brought back to the house. There was no other person in the field but himself and us two women.

EDWARD RIGBEY sworn.

I am the constable; I was at work in a garden in the same field, I saw the prisoner with the two bundles, and saw him come from the house, but I did not see him come out of the house; I watched him in the field through the garden fence, but before he could tie them up, I saw and heard the girls cry out stop thief, I ran round the fence, and pulled out my staff, and took him prisoner, and took him before Mr. Justice Spiller, and he was committed.

(The goods produced and deposed to by Mr. Copps.)

I put my seal upon the bundles, which has not been opened till now.

GUILTY , Death .

Not of breaking and entering the house, but of stealing the goods, value above 40 s.

Recommended by the Jury and prosecutor.

(Aged 19.)

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

156. ROBERT JONES was indicted for burglariously and feloniously breaking and entering the dwelling house of George Whitewood , with intent to steal his goods , on the 27th of March .

SARAH WHITEWOOD sworn.

I am wife to George Whitewood , I live in Fisher-street , I keep a public-house; on the 27th of March I went to bed between eleven and twelve, my husband and I together; I have one servant maid who went up first, I heard my husband fasten the house up: I was called up by the watchman between three and four, a lodger that was with me, got up with me, my husband being very poorly; we went down, and saw the watchman with the prisoner in the passage; he took the prisoner away, I went up stairs to fetch a key to go into the cellar, we went to go to the door which comes intothe street, and on the steps I found a bladder with some gin in it.

Then you suppose whoever got in, got in by the cellar out of the street? - Yes, by the door that lets the light in to draw the beer.

Did you see the place bolted when you went to bed? - I did not, my husband bolted it, I took the gin up to my own room, I found it upon the steps that come up from the cellar into the street. Winch has the gin.

CHARLES NEWTON sworn.

I am the watchman. In the morning of the 27th of March, at three o'clock, I had great reason to suspect that some one was in the cellar by a little dog laying, which I had been informed, had been seen on other suspicious occasions; I waited about half an hour, and saw the prisoner come out of the cellar, I could not seize him till he had crossed the way, when I did, being at the first about six yards distant: I brought him back to the cellar window, which I found open, I immediately knocked at the door, and the landlady came down; I immediately took the prisoner to the watch-house, and delivered him up to a constable of the night.

Court to Mrs. Whitewood. You did not see this cellar window fastened that night? - I did not.

Did you see it was fast? - I heard my husband fasten and bolt it.

PRISONER's DEFENCE.

I was not in the place, and was the opposite side of the way near Red Lion-square; I was examined and stripped myself, and nothing was found upon me.

GUILTY , Death .

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

157. JOHN CLARKE was indicted for feloniously stealing, on the 19th of March , one woollen duffel jacket, value 3 s. the property of James Grainger .

JAMES GRAINGER sworn.

I live at No. 68, Fleet-market , I am a taylor ; on the 19th of last March I lost a duffel jacket, I saw it there at eleven o'clock, and missed it at twelve; the prisoner I saw taken with it and brought back with the jacket; I did not know the prisoner before.

JOHN ORTON sworn.

I saw the prisoner take the jacket between eleven and twelve o'clock from Mr. Grainger's door; I was in my own shop, I saw him unpin it; my shop where I was in is almost opposite, I went out at my back-door, and caught him with the jacket upon his arms; the constable has it.

JOHN JOLDS sworn.

I am servant to Mr. Orton, I saw the boy unpin the jacket, and saw my master take the prisoner; he dropped the jacket. and I picked it up, and gave it to my master.

SAMUEL SINGLETON sworn.

I am the constable, I produce the jacket.

(Deposed to.)

PRISONER's DEFENCE.

I was coming out of the market, and a lad met me, and asked me to pledge this jacket for him, and he would give me part of a pint.

The prisoner called three witnesses to his character.

GUILTY .

Whipped , and imprisoned six months .

Tried by the London Jury before Mr. Baron HOTHAM .

158. JOHN HILL was indicted for feloniously stealing, on the 7th of April , sixbushels of coals, value 5 s. the property of John Wylde .

And JOSEPH YOSTUS was indicted for feloniously receiving, on the same day, the same coals, knowing them to be stolen .

EDWARD WYLDE sworn.

I have a coal-wharf in Town-lane, Upper Thames-street; on the 7th of April I saw my servants load sixty-three sacks to go to Mr. Kinloth's, Oxford-road; John Hill was to drive one waggon, and one Edward Barker the other.

- SHARP sworn.

I was standing, about six in the morning, at the end of King-street, I observed two men standing opposite the Green Man and Still, loaded with coals; I then saw the prisoner Hill, and Barker, take each of them a sack, and walk down the road towards Queen-street, I followed them, and saw Yostus conduct them to a house where he lodged, they went in with the coals, and came out with the sacks empty; they staid in two or three minutes.

How do you know it is Yostus's house? - Because some of my men lodge there; Yostus came out with them, and the carmen walked in the middle of the road, and Yostus on the pavement, up as far as Bond-street, and then they joined in company together; when they came out of the house, the two men went back to the waggon, and put both the empty sacks into the waggon, where they took them from; they were both taken from the first waggon; I took my horse, went to Mr. Wylde in Thames-street, and informed him, and went back to Tyburn-turnpike to Mr. Kinloth's, and I saw the men there, and the coals all shot.

Mr. Peatt, Prisoner's Counsel, to Mr. Wylde These coals you have been speaking of were loaded over night? - They were.

Do you know, from your own knowledge, how many number of sacks were put into the waggon? - I cannot say to my own knowledge, but I am certain all the coals put into those waggons were the property of my brother Mr. John Wylde .

Did you count the sacks? - I did not.

In whose waggons were they put? - In my waggons.

Hath Mr. Wylde any partners in his business? - No.

When were these coals loaded? - On Tuesday evening.

They were loaded on Tuesday evening, staid in the waggon all day Wednesday, until Thursday morning; do you know whether any were taken out? - I do not know.

Do you know whether any were added to that number? - I do not; all I know is, that the coals put into these waggons were the property of my brother.

Mr. Peatt to Sharp. You saw some waggons in Oxford-road? - I did.

Do you know who they belong to? - They were wrote on the front of it, I pretty near can recollect, John Wylde , Crown-lane, Upper Thames-street.

How far might you be from Yostus, when you see him come out to the carmen? - Half the width of Oxford-road.

It so happened, that Yostus, and the men with the coals on their backs, went the same way; was you at the time the men went in with the coals in the house? - I was not.

Do you know whether any conversation took place between Yostus and the bearer of the coals? - I did not.

Then he was only simply Will with the Whisp walking before them; they did not keep together, I think, you say? - He took a different direction when he saw me.

How is it you happened to know he took a different direction when he saw you? - Because he had the appearance of being confused.

That is, you imagine so; you had nothing but his external appearance to judge of? - Nothing.

They joined again a little distance after that? - They did.

And then Yostus went about his business, whatever it might be? - I know nothing about that.

Then the fact is, you do not know who those coals were delivered to? - I do not, I only saw them carried into that house conducted by Yostus.

Did you know who those coals belonged to, that were taken out of the waggon? - Not till Mr. Edward Wylde told me.

Then whether or no they might not be put in by the way, you do not know? - No, I do not.

Then for aught you know, these two waggons might have been the property of some other person.

Court to Wylde. Do you serve any body with coals in Queen-street, where this gentleman describes the two sacks to have been taken in? - No, I do not.

WILLIAM LEVI sworn.

The prisoner Yostus lodges at my house, and has done for this half year.

Did you order coals to be brought to you on the 7th of April? - No.

Did you receive any coals on that day? - No.

Was any brought into your house? - I cannot positively say; I saw nothing, I was in bed.

Court. Let me put you in mind of your situation: a man lodges with you, and stands charged here with receiving stolen goods, and these goods, evidently the property of Mr. Wylde; remember you stand here in a very intricate situation yourself? - I heard somebody go down stairs, I was ill in bed, in the morning early, I cannot positively say what time.

Mr. Peatt. You have a good many lodgers in your house? - I have, about eleven.

They have not all separate places for their coals? - They generally keep them in their own rooms; there is a vault in the cellar for the first floor, and one for the second floor.

Court to Levi. When was you first informed of this? - Not till Mr. Sharpe informed me.

Where did you see the coals? - I did not see the coals at all.

When you heard of this, had not you the curiosity to go and look if any coals had been brought in or no? - I did not, I did not like to bring myself into trouble.

Court. I think you went the only way to bring yourself into trouble; is this man a lodger at your house? - He is, and finds his own goods.

What part of the house does he lodge in? - In the kitchen.

Court to Sharp. Have you seen whether there had been any coals fresh put down into that cellar? - Between eleven and twelve o'clock the same day, when the two Mr. Wyldes came up to my house, we went down to the cellar, and there was the appearance of two sacks of coals fresh shot.

Did you see the landlord of the house? - I did, I told him particularly of it; but I believe he did not go down to see it.

Mr. Peatt. How do you know it was Yostus's apartments where the coals were seen? - His wife told me they were his coals.

Now if they had been carried into that house, and you had been shewn a quantity of coals, without this information, should you have known there were two sacks? - I should, I am very well used to them.

PRISONER HILL's DEFENCE.

Edward Barker and I were loaded with five chaldron of coals, I was the last of the two, about one hundred yards behind him; when I came up to him near Ball-street, he said, take a sack and follow me; I certainly did unadvisedly take a sack, and follow; but I received none of the money, nor should I know the house again.

PRISONER YOSTUS's DEFENCE.

Barker came to me as I was in the stable, and asked me if I was going home, I went home, and he brought two sacks of coal in.

Hill called three witnesses who gave him a very good character; and his master Mr. Wylde said, he believed he would not have done this action, if it had not been for the person that was not taken.

Yostus called one witness to his character.

JOHN HILL , GUILTY .

Fined 1 s. and imprisoned three months in Newgate .

JOSEPH YOSTUS , GUILTY .

Transported for fourteen years .

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

159. ANN SMITH was indicted for feloniously stealing, on the 12th of April , two pounds nine ounces weight of white silk, value 3 l. an handkerchief, value 2 d. the goods of William York ; and nine ounces of black silk, value 10 s. the property of Margaret Shepherd , widow .

SUSANNAH YORK sworn.

I am wife to William York , I work for Mr. May, and was going to move, and carried my silk to Margaret Shepherd 's room for safety; I lost two pounds nine ounces of white silk, and an old handkerchief it was tied up in; I live in Ball's-alley, Wheeler-street, Spital-fields; I left this silk along with Margaret Shepherd for safety, while I moved my goods in Wheeler-street; I left it last Tuesday the 12th of April, and I saw it again at night.

MARGARET SHEPHERD sworn.

Did Susannah York leave some silk with you? - She did; and I lost some black silk myself, eight knots and six skains, this was on Tuesday the 12th of April, about four or five in the evening, I lost them from my own room, and from my own box; the prisoner had been a servant in the house about two years ago, but not when the things were lost.

Did you see the prisoner the day the things were lost? - Yes.

Where did you see her with the things? - It was in the back court, behind the house; she had then Susannah York's silk in her hand, and the black silk in her bosom, and the silk handkerchief in her hand; I stopped her, and took her by her arm, and led her to my own room, and took the silk and the handkerchief from the prisoner, and the officer has them now.

(The headborough produced the silk, which was deposed to.)

PRISONER's DEFENCE.

I had nothing at all about me when she came up to me, I was going to pawn my apron to treat her.

GUILTY . (Aged 29.)

Fined 1 s. and imprisoned three months in Newgate .

Tried by the second Middlesex Jury before Mr. RECORDER.

160. JAMES KELSEY was indicted, for that he, on the 8th of January last, feloniously did utter and publish as true, a certain forged paper, bearing date the 14th of September, 1790, with the name Richard Bromfield thereto subscribed, purporting to be drawn for Bromfield and Harvey, of the value of 30 l. directed to Mess. Child, and Co. Bankers , London, payable to Thomas Copeland , or bearer, on demand , and which said note is as follows:

" No. 48. 30 l.

Plymouth Bank,

"Sep. 14, 1790.

"I promise to pay Thomas Copeland ,

"or bearer, on demand thirty pounds, value

"received, for

"Bromfield and Harvey."

"Entered G. H. July 15th."

knowing the same to be counterfeit and forged, with intention to defraud Mess. Child, and Co.

A second count, for having in his custody the same promissory note, on the same day,and feloniously making, forging, and counterfeiting an indorsement on the same, purporting to be an assignment of the same note, on which the indorsing is as follows,

" John Simmons ," with intent to defraud Mess. Child and Co.

A third Count, for the uttering the said note, knowing the indorsement to be forged, with the like intention.

A fourth Count, for uttering the said note, with the same indorsement, knowing it to be forged, with intention to defraud Isaac Swainson .

And a fifth Count, that he did utter and publish as true, the said counterfeit note, knowing it to be forged, with the like intention.

Mr. Knapp opened the indictment, and Mr. Garrow the case.

THOMAS WHITTINGHAM sworn.

I live in Soho, and am superintendant to Mr. Isaac Swainson , the proprietor of Velno's vegetable syrup . On the 8th of January last, in the present year, about seven in the evening, the prisoner at the bar came to the house of Mr. Swainson, and was shewn into my office; he said he wanted a quantity of vegetable syrup, and begged to know what was the price of the medicine for exportation; I told him the allowance of the medicine, when exported, reduced it to eight shillings a bottle; he then demanded what would be the amount of two dozen when packed up? I told him, nine pounds, eighteen shillings; he then paused a moment, and said as it was to go abroad, at least a considerable part of it, he would have twice tha quantity, and asked what would be the amount of that? I answered, nineteen pounds, sixteen shillings; he then said that he wanted two bottles left out for the use of a lady who had received a paralytic stroke; and desired it might be sent to his house on the following morning, before nine o'clock; he was going out of town, he said, precisely at nine o'clock, and he would take them in his carriage; I then asked him his address? his reply was, Captain Simmons , No. 18, Hartford-street, May Fair; he then put his hand into his pocket, and took out of his pocket a piece of paper, in which was the note inclosed; on looking at the note, I hesitated a moment, and said, I believe I have not so much change; the reply was,

"It does not signify, I am going to spend the evening at the Cocoa-tree, and shall get change directly." From the mention of that house, and knowing none but real gentlemen could resort there, it removed in some measure the doubts of my mind, which I had previously entertained, but to farther convince myself, I stepped out to a neighbour's house, to ask his advice; but he not being at home, I returned in a minute, and gave him the change for the note, first desiring him to put his name on the back of the bill, which he did, by the name of John Simmons , and I gave him the difference, ten pounds, four shillings. (The note produced.) I went to the banker's the following day, and found the note was a forgery.

Mr. Schoen, Prisoner's Counsel. This transaction happened on the 8th of January, at about eight in the evening. Where did you happen to be when the person who first called on this business came? - In the compting-house.

How does that happen to be situated? - On the right hand passage.

Was you called out of this compting-house at this time? - No; it is the practice of the house, to shew any one that comes, in to me.

This person came then in to you? - He did.

How was he dressed? - He had on a drab-coloured coat, boots, and a round hat.

How many candles do you usually sit with in this compting-house? - I should imagine I had two; sometimes I have one, and sometimes I have two.

This transaction could not have taken up a long space of time? - It might take up five or ten minutes.

And during part of which time, you went out to a neighbour's? - I was not out above two minutes.

Then, in course, the person, whoever he was, could not have been above seven or eight minutes in the room with you; and now, can you be sure from this transient view you had of this man, and by candlelight, you can swear to his person? - I could wish I had the least doubt of it.

It was not a long view? - No, it was not; but I must do it in point of conscience.

WILLIAM FULLER sworn.

I am one of the clerks in the house of Mess. Child and Co.

Mr. Garrow. On the 14th of September, or thereabouts, was any Plymouth bank correspondent with your house? - No.

Did the persons whose names appear on this promisory note, have any account at your house at the time that that note professes to bear date? - No.

JOHN HAWKER sworn.

I live at Plymouth; I am a merchant there, and never heard of any such a house as Bromfield and Harvey, there; and if there had been any Plymouth bank of that firm, I must certainly have known it.

Mr. Schoen. You mean to say you never heard of that house; you do not mean to say that there was no such house? - If there was, from my situation, I must certainly have known it.

(The note read.)

JAMES SCOTT sworn.

I know the prisoner, and he knows me very well; I have known him near on nineteen years; his name is James Kelsey ; he went by that name at school.

JOHN TOWNSEND sworn.

I am one of the officers of Bow-street: I assisted in the apprehension of the prisoner, on Saturday, the 19th of March, in company with Mr. Clarke, Macmanus, and Jealous; we went to a house in the City Road, Islington, No. 45; Jealous and I went up two pair of stairs, and there we saw the prisoner at the bar; Jealous and I looked at him; says I, Charles, seize his hands; he did, and I searched him; in his breeches-pocket, in his purse, I found these seven notes: (produced.) Five of Plymouth bank, two of Worcester, and one of Birmingham; I found a watch, which was delivered to him at Bow-street; but I took a key off from it, which was hanging to the chain of the watch; and that key opened two trunks which are here.

JOHN CLARKE sworn.

I produce a trunk with its contents, as found at Esther Saunders 's, Warner-street, Clerkenwell.

ESTHER SAUNDERS sworn.

I live at No. 9, Warner-street, Clerkenwell.

This trunk was found at your house? - I cannot say; I never saw what goods they had.

Did you receive this paper? - A paper produced to the following purport, and afterwards read.

"New Prison, Clerkenwell,

"March 28th, 1790.

"I, James Kelsey , will and impower

"Mr. Richard Powell , Hoxton, near London,

"to proceed to the house of Mr. Saunders,

"in Great Warner street, and serve

"him with this public notice, before two

"sufficient witnesses, that he must not

"part with any thing, or deliver to any

"person whatever, one article of the furniture

"on his second floor, formerly the

"property of Mr. James Kelsey before he

"receive sufficient authority from Mr.

" James Kelsey , so to do, or those impowered

"by Mr. James Kelsey . Should

"Mr. Saunders act contrary to this public

"notice, he must take the consequence.

" James Kelsey ."

Did you, after you had received this, ever apply to the prisoner at the bar, whether or no he sent this paper? - I did not; I did not see him till I saw him at Bow-street.

Have you ever been in the prison with the prisoner? - Yes.

What passed respecting this note? - Nothing.

When did you go to the prisoner? - Two days before I received this paper.

What passed? - He wanted me to put a padlock on the door of the two pair of stairs, which a gentlewoman had taken.

Was that gentleman with the prisoner? - No.

At the time you went into the prison, what passed between you and Mr. Kelsey? - Mr. Kelsey desired me to put a padlock on the door; and I told him I had the plainest objection in the world to the doing of that, as he had not taken the room, nor had I ever seen him in the house.

On what door did he want you to put the padlock? - The door of the room which the gentlewoman had taken.

Who was this gentlewoman? - She was a stranger to me.

Never enquired her name? - No.

Did you see her at Bow-street? - No.

Did you never see the prisoner after you had received this paper? - Never, only at Bow-street.

Did Mr. Clarke at any time come to your house? - He might, for what I know.

Did any body come to your house after you had seen the prisoner in prison? - Not afterwards.

Had you then before this, seen any thing taken away from his room? - They took away something in a coach, but I do not know what.

Look at the trunk that stands before you: did you never see that trunk? - No, never; I was not at home when they took it away.

At Bow-street, these papers were delivered to you; was any thing said about these papers; what passed about them? - I was asked if I had received these papers from Mr. Kelsey? I said I received these papers, and understood that they came from him, but I could not swear it.

Did the prisoner, or did he not, make any answer or observation on your saying it? - On my oath, I cannot recollect it.

What became of your papers? - On that, Mr. Clarke took them.

Were they read? - I believe they were.

In the presence of the prisoner? - Yes.

Did the prisoner make any observations? - I cannot recollect he did.

What has become of the rest of the goods at your apartments? - The person who took the apartments, came and slept in the house; and since that, I believe she has disposed of the goods to some broker; and they were moved the last week.

You do not know where the lady lived? - No; she paid me, and removed the goods.

To Mr. Clarke. Was you there at the last time the witness was speaking? - I was.

Was this paper produced, we have been speaking of, at Bow-street? - It was, and Esther Saunders was sent for, and attended at Bow-street; on which, the prisoner was sent for, that the witness might see him before the magistrate, to know whether he was the person that had given her the paper; and she then said that he was the person; that she saw him in New Prison; and in consequence of receiving it, she went to New Prison, and saw Mr. Kelsey, and he desired a padlock might be put on the door, that none of the goods might be moved.

Was this notice read in the presence of the prisoner? - It was, but I do not know he said any thing.

Court to E. Saunders. When you was before the magistrate, at Bow-street, you was examined, and your examination taken in writing, and signed by you; now be careful what you are about. Did you at any time say when you was at Bow-street, that the prisoner at the bar had told you that the woman who had brought the goods, was an imprudent woman, and that he wished to take care of the goods for himself andher? - If she was his wife, she did not tell me so.

You said some woman left goods at your lodgings; did that observation apply to the woman that left the goods? - I should imagine it applied to her.

Was you talking about any body else, or to any body else? - No.

Mr. Schoen to Mr. Clarke. I think you said, that as to that note, when it was read in Bow-street, you did not recollect the prisoner said any thing about it? - Yes.

(The trunk opened by Townsend.)

Mr. Schoen to Mr. Clarke. That trunk was found in Warner-street, not at his lodgings? - In Warner-street, where his wife took us to the lodgings.

Mr. Garrow. Is that the box that was taken from the prisoner's apartments in Warner-street? - It is.

(Some copper-plates produced from the trunk.)

JAMES BARTELL sworn.

I am an engraver.

Can you tell whether this print has been worked off that plate? (A plate and a print handed to him to examine.) - To the best of my judgment, it has.

Look at these five? (Five other prints shewn him.) - No, they are not.

MATTHEW STANDWICH sworn.

I live at No. 18, Hartford-street, May Fair; there is no such person of the name of Simmons lives there.

PRISONER's DEFENCE.

I would wish to say, I know nothing at all about the notes; it is not my name signed to it.

GUILTY , Death .

Tried by the second Middlesex Jury before Lord Chief Justice KENYON.

161. JOHN BELASCA was indicted for stealing, on the 14th of March last, one hundred and forty-four pounds of thread, called Scotch thread, value 20 l. the property of Edward Hore .

GEORGE WILSON sworn.

I live with Mr. Hore, a wharfinger , at the Armitage. On the 14th of March, the Scotch thread was delivered at the wharf; there was a quantity delivered before the 14th of March.

Had you seen it unpacked at the wharf? - No; I loaded it with several other articles in the cart, on the 14th of March, to go to Mr. John Leech , in Cornhill; the carman came back, and said it was stole out of his cart; that is all that I know; it was only marked with initials, I. L. 72.

Mr. Knapp, Prisoner's Counsel. There were a great number of articles upon this wharf? - There were many, but I remember putting this in the cart.

ROBERT M'NABB sworn.

I drove the cart; and a woman called out, there is a man taking a load out of your cart; I examined, and found it was gone; it was marked I. L. to go to Cornhill; it was taken from me while I was delivering a parcel at No. 44, Watling-street; I knew it was thread after it was opened, but not before; I pursued the man.

WILLIAM WILLIAMS sworn.

I stopped the the prisoner in Little St. Thomas Apostle; I found nothing upon him; I know nothing of the thread.

SAMUEL EVANS sworn.

The first I saw of it was, the prisoner had the bale on his shoulder, in Queen-street, Cheapside; then the carman came up, and said he had lost a bale; and a gentleman came up, and touched the carman on the shoulder, and said he is gone that way; I pursued him, and saw him throw the bale down, and run away; he was taken before I could get up to him; hewas not out of my sight except a quarter of a minute.

THOMAS DIXON sworn.

I am a constable of cordwainer's ward. I was at my house, and heard the cry of stop thief! and I went out, and this bale was given to me by Mr. Wyman, at 71, in Queen-street, Cheapside.

[He not being in court at the time, the Jury begged he might be sent for. Mr. Wyman sent for.]

(Produced and deposed to by Wilson, marked I. L. 72. The bale opened and deposed to.)

CHARLES REVELL sworn.

I am porter to Mr. Wyman, callender, in Queen-street, Cheapside; this is the bale that was pitched at our door, and I took it in while the carman was pursuing the prisoner.

Mr. Knapp. Where was it you first saw him? - At Cheapside.

I believe there is a turning between two streets in Bow-lane; of course, at that turning you must have lost sight of him? - I did.

Jury. How long? - Not a quarter of a minute.

Prisoner's Witnesses.

MOSES MENDOZA sworn.

I live in Bevis Marks, near the Portugueze synagogue; I have known him from his infancy; I really think him to be a very honest young fellow.

JOSEPH SEALES sworn.

I am a butcher. I have known him the last twelve months; he behaved extraordinary well while with me.

GUILTY . (Aged 21.)

Transported for seven years .

Tried by the London Jury before Mr. Baron HOTHAM .

162. EDWARD PRITCHARD was indicted for that he, not having the fear of God before his eyes, but being moved and seduced by the instigation of the Devil, on the 17th of March last, in and upon Martha his wife , in the peace of God and our lord the king then being, feloniously, willfully, and of his malice aforethought did make an assault, and that he, with a certain wooden stick, of the value of one penny, which he held with both his hands, her, the said Martha his wife, on the head, face, back, sides, belly, groin, arms, and legs, then and there feloniously, willfully, and of his malice aforethought did divers times smite, strike, and beat, giving to her, the said Martha, by such smiting, striking, and beating, one mortal fracture on the side of her head, and one mortal fracture on the back part of her head the length of one inch and depth of half an inch, of which said mortal fractures and bruises, as well as of the bruises on the back, sides, belly, groin, arms, and legs of the said Martha, she, the said Martha, from the aforesaid 17th of March to the 18th of the same month did languish, and languishing did live, on which said 18th of March the said Martha, of the said mortal fractures, wounds, and bruises, did die; and so the jurors say that her, the said Martha, he, the said Edward, feloniously, willfully, and of his malice aforethought did kill and murder .

He was also charged with the above murder on the coroner's inquisition.

(The case was opened by Mr. Garrow.)

JOHN SIMS sworn.

I live at the Horse and Groom in Hosier-lane.

How near to that did the prisoner live? - The door goes out of the yard of the Horse and Groom into their premises.

How long have you been acquainted with the prisoner? - I cannot say how long; four or five months.

Do you remember any thing particular happening on Thursday evening, the 17th of March? I went out into the yard between eight and ten in the evening, andheard a monstrous beating, which appeared to me to be in Mr. Pritchard's room; I staid, and continued some time listening, about a quarter of an hour, or thereabouts; and I heard Mrs. Pritchard's voice, crying out, O dear! O dear! I know I deserve it, several times; I heard him say something, and am certain it was the prisoner's voice, but do not recollect what he said; I was out in the yard also on the Friday night, and heard him quarrelling with her; it might be six or seven o'clock; I did not see him, but I heard him, and I did suppose that it was in the shop; I went round into the yard and I saw Mrs. Pritchard lay at the bottom of the stairs; the prisoner was behind her; she lay with her head up the stairs, and seemed very near spent; I saw her gasp a little; on which some assistance came, and I went away.

Did you say any thing either to the prisoner or her before you went away? - I did not.

Mr. Knowlys, Prisoner's Counsel. The prisoner has several journeymen to assist him in his business? - He has had several I believe; there was one at that time.

You did not judge it proper to go into the house on Thursday night? - I did not.

You did not judge it any thing uncommon to hear a quarrel between the prisoner and his wife? - I had heard them several times before.

Mr. Garrow. What had you heard? - Beating and disputing between them.

Mr. Knowlys. You live at a publick-house near? - I do.

You do not know how that woman was as to her habits of drinking? - I do not know; she always behaved very civil whenever I saw her at our house.

ELIZABETH PAINE sworn.

My brother keeps the Horse and Groom in Hosier-lane; I live with them there. On Thursday, the 17th of March, John Sims called me into the yard, and told me Pritchard was beating his wife; and I went into an apartment, a two pair of stairs room, and looked out of window, and heard Mrs. Pritchard say, I know I deserve my beating, pray have mercy upon me, and do not beat me so; I went out of that room into the shuffle-board room, which window was nigher to the prisoner's apartment, and there I heard her say so several times, and heard the beating, and heard the prisoner swear very much.

How long might this continue? - I cannot positively say; I thought it was near half an hour; it ceased for some time in the course of the half hour, and then it began again.

Court. How long might there pass between the beating ceasing and its beginning again? - I cannot tell.

Was it a few minutes? - It is impossible to say.

Was any thing said between the beatings that you could distinguish? - I heard the word child mentioned once.

Mr. Knowlys. These unfortunate people had a child? - Yes. At last her voice grew so faint I could not distinguish what she said; on the ceasing of the beating I saw the prisoner come down into the one pair of stairs room, and stand at the window with the candle in his hand; this was between nine and ten at night; and the upper room was left dark.

What more past? - I do not know, I declare, I was so frightened; I went down to the bar, and waited a bit, and looked out, and saw no light, and they were quiet, so I thought all was over. I never saw her past Thursday morning: I know nothing of Friday.

Mr. Knowlys. In answer to what he said, you heard the woman say she deserved it? - I did.

ELIZABETH AXTELL sworn.

I live next door to the prisoner. On Thursday night, between nine and ten, I heard a noise, as though it was a person beating another with a stick; I stopped and listened a bit, and heard the sound as though it came from Mr. Pritchard's back window; I opened my window, and called out Mr. Pritchard several times, but nobody answered me; this was from myback window, up one pair of stairs; I shut my window and went up two pair of stairs, and called out Mr. Pritchard again; and I heard Mr. Pritchard say, do not you deserve it? I heard no more that night. On Friday evening, about seven o'clock, I heard Mr. Pritchard swearing at his wife; they were then down stairs on the floor where they shoe the horses, damning and swearing that he could not help her up; I opened my back window, and called out, Mr. Pritchard, what are you doing to your wife? he answered me, that she was in liquor, and asked me if I would come round; I went round to his house, and saw Mrs. Pritchard lay all along on the bottom of the ground where they shoe their horses; I did not see her face till they began to move her: when I first came in he was trying to lift her up; when I saw her face, I said, Mr. Pritchard, if she has been a drinking, it is not that that has made her so, she is a dying; he told me, that she might die and be damned; I told him that was a very sad situation; that she was not to lie there in that manner, that she was to be taken, or something to be done with her, up stairs; after that some other people came in, and he brought down a pillow; she had an handkerchief about her head, which was stuffed with hard dry blood; the pillow likewise was stained with dry blood. I came away and saw no more.

You told us that you expressed yourself to the prisoner, that she was a dying; did she appear to be in that state at that time? - She appeared in that state; as though she was well nigh dead.

Mr. Knowlys. You never went into the house on Thursday evening? - I did not.

Nor did you hear the answer that the wife made when he told her she deserved it? - I did not.

It was on his request you came into his house; the prisoner calling you? - It was on his calling me.

Perhaps, else you would not have gone in? - No.

The prisoner never went away from his house? - He did not.

MARY LEYBOURN sworn.

I am a lodger to Mrs. Axtell. On Friday evening I heard the prisoner swear very much at his wife, about eight o'clock, damning her eyes that she was drunk; I went into the house, I saw the deceased lying on the bottom of the stairs, on the ground, and her husband over her with a candle; and when I saw her I thought she was dead; I called Mr. Bush and the neighbours in, and I went away, and came back again in less than a quarter of an hour; Mr. Purcell, the surgeon, was there then; he was there at the time she spoke; when I came the second time she was carried up stairs, and on her bed, and the prisoner there too.

How soon after that did she die? - It did not exceed half an hour from that time.

At the time that the conversation passed between her and Mr. Purcell had any observations been made on the state of her bruises? - All her side was of one blackness, up to her arm pits, one of her fingers broke, the back of her hand bruised, a cut over her eye, on her head, and her eye black: Mr. Purcell asked her who made her in that manner? she said, her husband; he asked her who gave her that cut in her head? she said, her husband.

How near was the prisoner at the bar to the bed, at the time this conversation passed? - Standing over the bed with a candle, assisting the doctor while he bled her arm.

Could he hear the questions and answers? - He certainly did.

Did he make any answer or observations on it? - He went and sat down in a chair, and I cannot tell what he said.

Did you say any thing to him? - Yes; I told him, if he did not run away he would be hanged; he said, if he was, he would not run away.

Did you say any thing to him about the condition his wife was in? - I believe I did; but I cannot recollect it, I was in such a fright; he went out of the room, and I did not know what became of him, and I continued with the poor woman till shedied, and that was within fifteen minutes after she spoke.

Mr. Knowlys. The time you saw the prisoner assisting at the bed, he was holding a candle, seemingly assisting the surgeon as much as he could? - Yes; he was.

JOHN BUSH sworn.

I am a plane maker in Hosier-lane. I went into the prisoner's shop on the alarm being given on Friday evening, and I found the deceased lying on the ground, appearing to me to be dead; I thought she was dead: the prisoner was standing by her: I said, she is dead; I took her up under her armpits, and put her in my lap, and still I could not perceive any signs of life: I said to the husband, she certainly was dead, how came it? he said, she was not dead, but she was dead drunk; I looked at her again, and perceived her to breathe a little; I said to her husband, I perceive her to breathe a little, let us get her up stairs; accordingly I and the husband got her up stairs, and laid her on the bed, and then a doctor came up, and he examined her a bit; and I perceived some blood on her head, and a bruise on her arm.

Jury. Did the prisoner at the bar seem agitated at all? - He did not.

You knew Mrs. Pritchard, was she given pretty much to drinking? - I never saw her disguised in my life.

JOHN BLACKETT sworn.

I am a taylor, living in Smithfield, in the neighbourhood of Hosier-lane.

On the 18th of March had you an opportunity of hearing any thing that the prisoner said? - I had. After the poor woman was dead; about half after seven, or a quarter before eight, on Friday evening; I went down the lane, and went to his door, and said, if he was there, he should not go away; Pritchard was coming out of the door; I took hold of him pretty fast by the right hand, and said, Pritchard, how do you do? he said, very well; I then said, is your wife ill? he said, she was dead; by a grasp of the hand I turned him round, and a woman coming behind him said, that he had said, he was glad it was so; this was said in his hearing; he stopped her with his own speech, by taking her discourse up, that he hoped her to be happy, and that he was very glad it was so, and it would have been better for him and his child if it had been seven years ago; he then stopped, and made a pause, and with a different tone of voice said, as for my own life I do not value for a farthing; I kept hold of his hand, and three or four more came in, and he was secured.

JAMES PURCELL sworn.

I am a surgeon and apothecary: I am an assistant to Mr. Thistle on Snow-hill. On Friday evening, the 18th of March, I was called upon to assist this poor woman; I saw her lying on the bed in a languid state, apparently dying: when I first went into the room, and seeing her in that situation, I administered something to her, and she seemed to come to herself very much; on which I thought bleeding might be of some service to her; I turned up her gown, and perceived a little blood on the shift sleeve; on that I turned to the prisoner, and asked him what was the cause of that? he said, in a whisper, that she had her courses on her a day or two before; the words he used was, that she had got her months; I ordered all the men in the room out, and had her stripped, and found all her side and her arm very much contused and black, and lifting up her petticoats I perceived her thigh to be in the same situation, very black, and also her arm, and all round entirely from her breast round to her back all the way the same; I did not observe the condition her belly was in till the next day; one of the women said, she had received a wound on her head, that led me to take off her head clothes and examine, on which I observed a contuse wound on the side of the head, the back part: I will not take upon me to say whether it was done by a blow with a blunt instrument, or by a fall.

Jury. How long did you suppose thatbruise might have been given? - Not that evening.

I observed the scull; the scull laid perfectly bare about a quarter of an inch, the inner membrane that covers it being divided.

You put some questions to the woman? - I did.

At the time you put these questions was the prisoner at the bar in a condition to hear? - He was, certainly.

At the time you put these questions did it appear to you the woman was in a dying state? - Certainly.

Did she appear to be sensible at the time? - As much as a dying person possibly could be so; I saw no symptoms of derangement.

What did she say? - I knelt down by her bed side, and said, in the name of God, my good woman, if it is possible for you to speak, tell me who it was that bruised you in this manner? she said, my husband; I asked her again, who gave her the wound on the head? she said, my husband: on that the prisoner at the bar got off from the bed, and went towards the fire, and sat down, and said, he wished she had been dead seven years ago; I gave her some more stuff, and each time I gave her the stuff the husband procured me the water; I shortly after went, and when I was going I said, my good man, do not be under any apprehension, she will do very well; I told him so because I was afraid, after the confession of the woman, that he would make off; but I told the women she would not live above ten minutes. The next day on taking off the cap of the brain I found a small quantity of extravasated blood lodged in the brain; externally there was a very slight fracture; internally there was no fracture, but a rupture of one of the blood vessels by a fall, and this rupture was just immediately under the part where the membrane had been divided; I also then observed that the bottom of her belly was very black, by a lodgement of blood; the middle finger of her hand likewise broke, and her hand very much bruised.

I would ask you, though that cannot be necessary, could all this complication of bruises be occasioned by a fall? - No; certainly not.

Mr. Purcell, by your judgment what occasioned the death of this woman? - I believe the blow on the head.

Mr. Knowlys. From the appearance you was not capable of saying whether that fracture on the head arose from a blow or a fall? - I could not, only as she told me.

LUKE HODSON sworn.

I am a surgeon, in King-street, Snow-hill.

Did you examine the body of the deceased after her death? - I did; and I found a wound on her head, and under the wound was a fracture in the bone of the scull, and very much contused; after I had raised the scull I found the membranes quite broke, and I saw some extravasated blood, which proceeded from a rupture of some of the vessels; I desired the gentleman to open the body and on the side there was many bruises and much extravasated blood.

What occasioned the death of this woman? - No doubt from the external violence of these bruises, the situation of her body, without the fracture on her scull, must have so affected the internal parts, particularly the thigh and groin, that I should judge she could not survive; but more particularly by the fracture on the scull.

ELIZABETH BAILEY sworn.

I was present at Mr. Pritchard's when Mr. Purcell asked her who abused her so? she said, her husband; he then asked her how she came by the wound on the head, and who gave it her? she said again, my husband.

PRISONER's DEFENCE.

She was in liquor, and she tumbled down the stairs, which was the cause of her bruises, both of her hand and head; and I fetched her up again at twelve o'clock at night.

GUILTY , Death .

Tried by the London Jury before Lord Chief Justice KENYON.

After sentence was pronounced the prisoner bowed and said, Gentlemen, I am very much obliged to you, I am very happy, I hope to be as happy a man as any in the kingdom, for I am not guilty.

163. GEORGE STRINGER was indicted for feloniously stealing, on the 15th of April , four linen shirts, value 10 s. a linen night-cap, value 4 d. a cambrick handkerchief, value 1 d. a child's pin-a-fore, value 6 d. and a linen pillow-case, value 10 d. the property of John Booth .

ELIZABETH BOOTH sworn.

I am wife to John Booth , I lost these articles in the indictment out of a washing tub last Friday night; the tub stood in a sink in a wash-house in the house where I lodged, I saw the prisoner with them under his arm, going out of the street-door in a bundle; he came in at the street-door, the door of the yard where the tub was, I saw him go along the passage, which goes from the yard to the door; I did not stop him, but saw him stopped with the bundle, upon him; he was bending down, stooping, when he was attacked with the bundle, I lost sight of him before he was taken, but I am sure it was the same man I saw go out of the yard.

GEORGE TROTTER sworn.

I am a bricklayer; on Friday night I saw the prisoner coming out of the house with a bundle; Mrs. Booth asked me if I saw a man go out of the house with a bundle, I said yes; I went immediately after him for about twenty yards, and he then attempted to lay it out of his hand.

Was he running when you saw him? - He was; I took hold of the boy and the bundle both; I gave it to Mrs. Booth.

Court to Mrs. Booth. Did you receive that bundle of Trotter? - I did.

(The bundle produced and deposed to.)

PRISONER's DEFENCE.

I saw some men running past that way, and I ran, and two or three took hold of me by my hands and legs, and chucked me into a great pond of water, and asked me if I knew any thing about it; I told them no.

GUILTY . (Aged 26.)

Whipped , and imprisoned twelve months .

Tried by the second Middlesex Jury before Mr. RECORDER.

164. MARY LYNCH was indicted for burglariously and feloniously breaking and entering the dwelling house of David Smith , about the hour of nine at night, on the 12th day of March , and stealing a pair of sheets, value 10 s. three linen shirts, value 10 s. and a pair of corderoy breeches, value 5 s. his property .

DAVID SMITH sworn.

I live at No. 3, White Bear-court, Aldersgate, High-street ; my house was broke open on the 12th of March, I was not at home.

ISABELLA SMITH sworn.

I am wife to the last witness, I do not know the day of the month, it was five weeks last Saturday, as near as I can tell; I locked the door when I went out at seven, and left nobody in the house, I had fastened my own room; we have the whole house, but keep but one room, and let out the rest, we keep the kitchen only, the other part of the house is let to different lodgers; my own room was locked, the rest of the house was open, I took the key of my room with me, the outer door is left open; I returned in about fifteen minutes, the door was forced open, the ward of the lock gave way, and was burst open; when I got in I missed a pair of sheets; three linen shirts, and a pair of corderoy breeches, which was not missed till found upon her; they were in the room; I went immediately to Mr.Wincey's in the Minories, he is a pawnbroker, there I found the shirts, the breeches, and in Whitechapel I found the sheets; the shop belongs to Mr. Wincey. (Produced and deposed to by the prosecutrix.) The sheets are stained with green paint.

HENRY BATT sworn.

I am servant of Mr. Wincey in Whitechapel, I believe these sheets to be the same the prisoner brought to our shop the 12th of March, they were stained with green paint, I do not know that I ever saw her before, but I am quite certain she is the woman.

JOHN DAWSON sworn.

I am a pawnbroker, the prisoner at the bar offered to pawn with me a shirt and pair of breeches about eight o'clock, and I stopped her, and charged the constable with her.

The CONSTABLE sworn.

I was sent for to Mr. Wincey to take charge of the prisoner, and received three shirts and a pair of breeches; she only produced at first one shirt and a pair of breeches, the other two she had in her apron.

PRISONER's DEFENCE.

Sir, I was at work at a cheesemonger's in Whitechapel, I go out charing and washing at Mr. Price's, and a woman gave me the things; the woman run away from her house, and I know not where to find her.

GUILTY ,

Of stealing, but not of the burglary.

Transported for seven years .

Tried the London Jury before Mr. RECORDER.

165. JOHN ROBINSON was indicted for feloniously stealing, on the 14th of March , two looking glasses, value 5 s. the property of Ambrose Warff .

AMBROSE WARFF sworn.

I am a cabinet-maker in Ratcliffe-highway ; on the 14th of March I lost two small looking glasses, taken from a chest of drawers in the shop; they were there in the morning when I went out, between nine and ten, I came back between eleven and twelve; they are in court now; I have known the prisoner some years, but know nothing of the loss.

Mr. Knowlys, Prisoner's Counsel. Have you any partners? - No.

- WEST sworn.

I was standing in Cable-street on the 14th of March, and I stopped the prisoner with these two glasses, he was running, and the people after him, crying stop thief; it was about three hundred yards from Mr. Warff's house.

(The glasses produced and deposed to.)

THOMAS REYNOLDS sworn.

I pursued the prisoner, I saw him take the glasses out of the shop, and when he came out I immediately pursued; it was about nine in the morning.

The prisoner called four witnesses who gave him a good character as well as the prosecutor.

GUILTY . (Aged 36.)

Imprisoned three months in Newgate , and fined 1 s.

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

166. JAMES EVANS was indicted for feloniously stealing, on the 16th of April , one hundred and fifty pounds weight of lead, value 20 s. the property of John Brown , and fixed to a building of his, against the statute .

JOHN BROWN sworn.

I am a builder ; this lead was taken from a house in Devonshire-place , not yet quite finished, the prisoner was taken Saturday night.

- EVELYN sworn.

I was coming home last Saturday, about half past one, and saw the prisoner at the bar, and two others, within the iron railing of a house in Welbeck-street; it being so late, I was a little alarmed; I went toward them, and thought I saw something set down, I cannot positively say what; they got out into the road, and I followed them for ten or twenty yards; I called to the watchman; but, previous to that, I perceived one of them with a bundle on his head; and when I came back from the watchman, to pursue them, I found they had dropped the bundle: I challenged the three with having had property on their heads, and asked them what made them drop it, and gave charge to the constable, and he followed the prisoner, and took him out of a house where he had escaped into a cock-loft; the others made their escape, and are not yet taken.

WILLIAM BUTLER sworn.

I am a watchman: the last gentleman came to my box, and told me that he suspected these three as thieves; they ran up a court, and two went in a house, and I found one of them up in a cock-loft, the prisoner at the bar; afterwards we found the lead in Bulstrode-street; it was picked up by another watchman.

THOMAS HARVEY sworn.

I went to this watchman's assistance, and found the prisoner in the cock-loft.

WILLIAM WHITE sworn.

I found the lead, No. 16, Bulstrode-street, near Welbeck-street, laying against the door, by the rails.

(The lead produced.)

SAMUEL COLLINS sworn.

As I was going by No. 41, Welbeck-street, I found two sheets of lead lying under the door-way.

(The lead produced.)

Court to Brown. Have you fitted these pieces of lead to the building? - I have, and they fitted exactly; they were taken from a lead flat that covers the kitchen, fixed with wall-hooks to the wall.

Prisoner. I was coming home from Watford, where I had been to see an aunt; in this street I met these two men with bundles on their heads, and they chucked them down, and this gentleman came up to me, and said if I offered to run away he would shoot me; so I ran into this house for fear he should.

GUILTY . (Aged 18.)

Transported for seven years .

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

167. RICHARD HAYMAN was indicted for feloniously stealing, on the 23d of February last, a pinchbeck watch, value 25 s. a base-metal watch-chain, gilt with gold, value 2 s. and a steel seal, value 2 d. the property of Thomas Miller .

THOMAS MILLER sworn.

On the 23d of February I was at the Sugar-loaf, Bell-yard , with a company of private persons; they went, and I remained; and about ten minutes after the prisoner at the bar came in: I went out, and laid my watch upon the table, immediately before my seat, and left no man in the room but the prisoner: when I came back, the prisoner was wiping up the very part of the table where I had left my watch: I did not think of the watch then, but went to my chambers at Serjeants-inn; and having occasion to know what it was o'clock, I missed my watch, in less than ten minutes: I immediately returned, and the boy was out; I called several times, and he never returned: on the Sunday following his master apprehended him, and sent for me, and the duplicate was found.

Prisoner's Counsel. Was you drunk or sober? - Perfectly sober.

Did you leave your watch there as a place of safety? - I had left it there fifty times before; it is a private room.

It might be a proper room, if you wish to lay a trap for a man's life.

(The Counsel for this was reprimanded by the Court.)

ROGER GASTRELL sworn.

I am a constable, and Mr. Miller gave me charge of the prisoner on Sunday the 27th of February: at first the prisoner denied knowing any thing about the watch, but I told him he had better confess; and I found the duplicate on the floor, in his master's room; the prisoner was in that room at the time: I went to the pawnbroker, and ordered him to bring the watch to the justice.

Prisoner's Counsel. You found it in the room, not on the prisoner? - In the room.

WILLIAM CLARK sworn.

I live with Mr. Mullein, pawnbroker. On the 26th of February the prisoner pledged a metal watch for one guinea; I did not know him before, but I am sure he is the person; he pledged it in his own name, and said it was his own, and that he lived at No. 25, Chancery-lane; it had no chain nor seals.

Prisoner's Counsel. You had never seen the prisoner before? - No.

How long might he have been in your shop? - About ten minutes: I am sure he is the same boy.

PRISONER's DEFENCE.

A man asked me to pawn the watch, and keep the duplicate; I never saw him before nor since.

(The watch produced, and deposed to.)

(The constable gave him a good character.)

GUILTY . (Aged 19.)

Transported for seven years .

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

168. JOHN HANSON was indicted for feloniously stealing, on the 27th of December , a cloth coat, value 7 s. a velveret waistcoat, value 3 s. two pair of nankeen breeches, value 12 d. two pair of stockings, value 12 d. two muslin handkerchiefs, value 6 d. and a pair of silver shoe buckles, value 7 s. the property of Jude Wells .

JUDE WELLS sworn.

I am a whitesmith ; I live at No. 8, Baker's-buildings, West-Smithfield . On the 27th of December I went out about seven in the evening, and returned about twelve, went to bed, and arose the next morning at eight, at which time I missed my shoes and buckles; I missed also my coat, waistcoat, breeches, four shirts, and two pair of stockings; I locked all these things in my box that afternoon at four o'clock, and I found it open the next morning; the prisoner lodged with me, and was my bedfellow and fellow-servant; he slept out that night, and went off the next morning at six; he was missing for near eight weeks; he was taken by one of our patroles with my breeches on him; I found nothing about him but the breeches and knee-buckles. (The buckles produced and deposed to.) When he got up at six in the morning, he said he would go hard to work.

WILLIAM STEELE sworn.

I slept in the same bed with the prosecutor and prisoner: at six o'clock in the morning he said to me, Bill, if you will get up, I will go and work a hard day's work: at day-light I missed my own shoes.

WILLIAM MULLEIN sworn.

I took the prisoner, on the 18th of February, at the corner of Sharp's-alley, at Cow-cross, near eleven o'clock; he was standing at the corner, and said there were some women that had taken some money from him: I asked him if he did not know William Steel ; he said, No: I asked him if he did not work with Mr. Hurst, a file-cutter; he said, No: I told him, he must go along with me; and when I came up to Mr. Steele's, they identified his person.

Prisoner. I know nothing about it; I was in bed at the time he said he found this box broke open.

GUILTY . (Aged 16.)

Transported for seven years .

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

169. JOHN HUGHES was indicted for feloniously stealing, on the 7th of March , two linen sheets, value 7 s. the property of George Holloway , in a lodging-room .

GEORGE HOLLOWAY sworn.

I live at No. 3, Star-court ; the prisoner lodged with me; I let him the lodgings the last day of February; he lodged there six nights, and then was missing two nights, Friday and Saturday; on Sunday night he came in and lodged again, and told me that he would settle in the morning; in the morning I missed the sheets, in consequence of an information from a fellow-lodger; they were linen sheets.

Did he ever return to his lodgings again? - No: I went to Phoenix-alley, where he had told me he had lodged for four years, and I saw him go by just at the end of the alley, with the sheets in his hand, just at seven o'clock in the morning; I seized him, and he was taken down to Sir Sampson's.

(The sheets produced, and deposed to.)

What trade is he? - He told me he was a painter.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Lord KENYON.

170. JOHN ROWLAND was indicted for making an assault, in the King's highway, on Alexander St. Barbe , on the 1st of March , and putting him in fear, and feloniously taking from his person, and against his will, a metal watch, value 5 l. a watch-chain, value 3 d. a watch-key, value 1 d. and a seal set in gold, value 10 d. his property .

ALEXANDER ST . BARBE sworn.

I am a gentleman : I know nothing of the prisoner: between two and three o'clock at noon, going by Somerset-house , on the 1st of March, walking up towards Westminster, there was a large mob of people in the street, some of which hustled me very much, and struck me with their hands against my arms; at last, they got my watch, and ran away with it: I did not observe the prisoner at the bar among the croud.

Did you make any resistance? - I could not, there was such a number of them about me, and they kept up my hands; I felt them pull it out of my pocket.

JOSEPH CREEDLAND sworn.

I am one of Sir Sampson Wright's patroles: on the 1st of March we were walking before the charity children of the Welsh society, in the Strand, just before three o'clock; I saw a gentleman hustled; I ran up, and saw the prisoner pull the watch out of the gentleman's pocket, and apprehended him immediately; I laid hold of his arm, and he had it in his hand; he let the watch drop; I stooped to take the watch; in doing which he sprung out of my hand; I then cried out, stop thief! and followed him, and retook him before he was out of my sight.

Prisoner. I was going along the Strand at this time, and these two men came up and laid hold of me, and said I had taken the gentleman's watch.

(The watch produced, and deposed to.)

GUILTY of stealing, but not violently .

Transported for seven years .

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

171. THOMAS CAWSEY was indicted for burglariously and feloniously breaking and entering the dwelling-house of John Innocent , between the hours of five and six in the afternoon of the 16th of February last, and burglariously stealing therein a brilliant diamond ring, set in gold, value 100 l. and one fish-skin case, value 6 d.

And JOHN DRISCALL was indicted for feloniously receiving the same, knowing it to be stolen .

JOHN INNOCENT sworn.

I am a goldsmith and jeweller : on the 16th of February, between five and six in the evening, I was standing at my window, looking at a silver-bladed knife which a woman brought in to sell; I heard my window smash; and, looking, I saw the prisoner Cawsey endeavouring to grapple for the diamond ring out of my window: I went to my door; and my son, Robert Innocent , ran after him, and brought him back, and he was searched, and nothing found upon him; we thought that he might have swallowed it; and the justice allowed us to keep him at our house a week; however, on the 4th day a man came from Mr. Wright to let us know that a person had stopped this ring.

Was any body in company with the man at the time? - I did not see any body.

Did you keep your eyes on him till your son apprehended him? - He turned round the corner, at the bottom of the alley, which is about five doors, but my son brought him back in two or three minutes.

ROBERT INNOCENT sworn.

I am son of John Innocent . On the 16th of February, as I was cleaning the windows, I heard the window break, and saw the prisoner turning down Cranbourn-passage; I ran after him and caught him; it was about twenty yards from my father's house; I seized him by the collar, and turned him round about a yard, and saw George Williams coming in pursuit.

GEORGE WILLIAMS sworn.

Coming along on the 16th of February, between five and six in the evening, I saw the prisoner looking at Mr. Innocent's shop; when I had gone about two or three yards, I heard the glass break, and an alarm was given, stop thief! directly; he immediately ran round Castle-street; I pursued the prisoner, and Mr. Innocent's son got hold first, and I helped him next, and laid hold of his right side; coming up the corner of Cranbourn-street, he dropped this fish-skin case.

(The case produced, and deposed to.)

THOMAS WILSON sworn.

On the 16th of February last I came to shut up Mr. Innocent's shop; I brought out three shutters, and was going back for three more, and heard a pane of glass break, on which I turned again, and saw the prisoner run, and my young master after him; I immediately cried stop thief! and I ran after, and saw this case drop from the prisoner's right-hand.

A Witness sworn. I was helping shut up my master's shop, between five and six in the evening; I ran to the door upon a cry of stop thief! and staid for about two or three minutes, and saw the prisoner drop the case from the side next him.

For the Prisoner Driscall.

MARY SPICER sworn.

I know nothing of the prisoner Cawsey: I came to speak of Driscall. Between five and six o'clock, on the 16th of February, after the prisoner Cawsey was gone from the door, I saw Driscall about the door where the case was dropped, and he was sweeping about there at the time; I did not see him take up any thing.

How long was this after the cry of stop thief? - Directly; I did not hear the window break.

WILLIAM WRIGHT sworn.

I am a jeweller. On Thursday morning, the 17th of February, I had been out; and when I came home, at eleven o'clock, the prisoner Driscall had left a ring at my shop, to know its value: I saw it was a ring ofvalue: when he came again, I asked him where he got it; he said he found it on a curb stone in Black-friars: I told him I must take his address, and let him go.

THO. CAWSEY, GUILTY , Death .

JOHN DRISCALL , NOT GUILTY .

Tried by the first Middlesex Jury before Lord KENYON.

172. ELISHA COLLIER and JANE SHARPE were indicted for burglariously breaking and entering the dwelling-house of Patrick Killgore , about the hour of one in the night, and burglariously stealing therein four pieces of printed cotton, value 6 l. his property , on the 3d of April .

WILLIAM RAINEY sworn.

I am employed by Mr. Killgore, in Friday-street ; a Scotch warehouse. Between the 2d and 4th of April the warehouse was broke open; we lost four pieces of printed cotton; I saw them laying there on the Saturday night; on the Monday morning I saw the window was broke, and I missed the four pieces; the warehouse is under the dwelling-house; the pane of glass was broke, and the glass laying on the counter, and these two hooks; the window looks into the street.

JOHN TYLER sworn.

I am a pawnbroker, in Shoreditch; here is a piece of cotton, pledged with me on the 4th of April, in the name of Jane Collier , the prisoner at the bar now under the name of Jane Sharpe ; I lent 7 s. upon it; here is the duplicate; (4th April, remnant of cotton, 7 s. Jane Collier ).

(Cotton produced).

Rainey. I cannot swear to the piece, it being cut; it is the same pattern we lost.

SUSANNAH NEVIL sworn.

I have a piece of cotton, which was brought me the 4th of April, by Jane Collier ; I do not know whether the prisoner at the bar is the same person that brought it; I lent her 8 s. upon it.

CHARLES ALLEN sworn.

I know no more than searching Jane Sharpe 's pocket; I found these two duplicates.

JOHN MONK sworn.

On the 3d of April, Collier and Sharpe met me in Friday-street, and we went together; Collier and Sharpe broke a pane of glass, and stole four pieces of printed cotton; I was with them on the 3d of April; we had two hooks tied to a stick; by breaking a window, we put the stick in, and drew out four pieces of cotton, which we took to Goswell-street, to one Mr. Tucker's lodging; he gave 4 l. 3 s. for three pieces; the other we took to our own home, and cut it into remnants; there were four six yards, and four yards, which Jane Sharpe pawned, some for 7 s. and some for 8 s. and the four yards for 4 s. some of which was pawned with Tyler, and some with Nevil, and some with one Francis.

Court. How came you to be known in this affair? - I informed Mr. Armstrong of it.

Was you taken up on this affair? - I was not.

Collier. He was taken up for another robbery with another man.

JOHN ARMSTRONG sworn.

I received some duplicates from Allen, and went to the pawnbrokers, and found the cottons; here they are: Monk was admitted evidence by the magistrate.

ELISHA COLLIER , GUILTY, Death.

JANE SHARPE , GUILTY, Death.

Tried by the first London Jury before Lord KENYON.

Court to Jury. Gentlemen; it is not for me to dictate to you; but perhaps, if you were to re-consider the case of Elisha, youwill find it stands totally on the evidence of the accomplice, which is not sufficient for conviction.

The Jury deliberated some time, and then gave a verdict,

ELISHA COLLIER, NOT GUILTY .

JANE SHARPE , GUILTY , Death .

Court to Collier. The Gentlemen of the Jury have done, undoubtedly, perfectly right in acquitting you; though, privately speaking, I very much suspect your guilt: the rules of administering justice have protected you more than your own innocence; take care the future course of your life is conducted better than that which is by-gone, or else you will be very soon cut off; take care, remember and return God thanks for the mercy that is now shewn you.

173. CHARLES SIMMONS was indicted for feloniously breaking and entering the dwelling-house of Elizabeth Rackett , widow , about four in the afternoon, on the 4th of April , the said Elizabeth Rackett and others of her family then being in the said dwelling-house, and feloniously stealing one metal watch, value 40 s. a steel chain, value 6 d. a seal, value 6 d. and a metal watch-key, value 2 d. the property of Mary Baker , widow.

MARY BAKER sworn.

I get my bread by washing; I am a widow; I live in the house of Elizabeth Rackett , widow; her house was broke open on Monday, the 4th of April; there was Mrs. Rackett and others of her family within; the two pair of stairs room was broke open; I live in that room; the prisoner came in at the street-door, which is always on the latch; I was in the one pair of stairs room; I had locked my room before I came down; I heard somebody coming down, and I opened the one pair of stairs room door, and I asked the prisoner what he wanted; he asked if Mrs. Jackson lodged there; I told him no; a person asked what she was; he said, a boot-closer; another asked me if my door was fast; I said, yes, I am sure I locked it; he went down into the street, and I went up stairs and missed my watch; and a witness and me went down after him, and we took him about the middle of the street; he was walking along very leisurely; Susannah Abbott stopped him, and we brought him to our house again, to the first floor; and coming up the stairs, we found the watch on the stairs; he consented to go very quietly back; we sent for a constable; this is my watch; it is metal; I gave three guineas for it; it would sell for 40 s and the chain 3 s. the watch was over the mantle-piece, I saw it not half an hour before; the prisoner is the man; he was a stranger to me.

SUSANNAH ABBOT sworn.

I go out a nursing; I happened to be there on the Monday; I come sometimes to mend stockings; and this young woman said her room was robbed, and her watch gone; and I ran down stairs, and I followed the prisoner; he walked very leisurely, and I ran after him, and in the middle of the street he turned round to see if any body was coming, and I caught hold of his two shoulders, and I said, you dog, you have got my watch; I said so in my fright; he tried to get away, and Mrs. Baker came to my assistance; then he asked my pardon, and said he would give us the watch again; and I said to him, that he should carry the watch where he took it from; and going up stairs, I saw the watch on the one pair of stairs, as he was going up the stairs: Mrs. Baker took up the watch: we put the man in the one pair of stairs, and sent for a constable; we asked him where the wooden case was that the watch was in, and he said she would find it up stairs; he was fumbling something out of his pocket, and he dropped these keys (picklock keys produced); we tried the keys to Mrs. Baker's door, but could not make either of them do.

Mrs. Baker. The lock was not hurt or spoiled at all.

- RACKETT sworn.

I am son to the widow Rackett who keeps the house; she was at home, she is incapable of going out; there was another brother at work in the upper story with myself, I heard the alarm, and ran down, and saw the prisoner taken and brought back; I heard Mrs. Baker, as he went up stairs, say, here is the watch. The prisoner's behaviour was very submissive indeed; he knelt and held up his hands, imploring pardon; he sat on a chair, and I perceived him fumbling in his pockets, and we found the keys in the chair that he arose from.

JOHN BEAMISH sworn.

I belong to the public-office in Hyde-street; I apprehended the prisoner with Treadway.

Prosecutrix. In my fright I could tell nothing of the marks, the wooden case was laid in a chair behind the door; I did not see the keys taken from the prisoner.

Court to Mrs. Abbott. Were these keys in his pocket? - He shuffled them out of his pocket.

Mr. Rackett. I am a watch-maker; I cleaned this watch, I told Justice Walker it was a flat metal watch, but I did not know it further.

(Shewn to him.)

Is that the watch you repaired? - Yes, I think I can safely say it is the watch that belongs to Mrs. Baker.

PRISONER's DEFENCE.

My Lord, Sir, I was walking up Dean-street, Holborn, and coming towards King-street, the short lady laid hold of me; says she, you rascal, you have my watch; I said I did not know what she meant, but to satisfy her, I would go any where with her; and in the mean while the owner of the watch came, Mary Baker , and they both laid hold of me by themselves, and I walked quietly, and they took me into King-street, and took me into a house, and I got into the room, and another man and Mary Baker next, and the lady next, and so got into the room, and a man was between the stairs, and I heard them halloo out, here is the watch. Mary Baker began storming and swearing, and asked me for the case of her watch; I told her I knew nothing at all about it, and I supposed where she left it she would find it; I was then at the other side of the room; the lady went to the chair, I heard something gingle as she shook the chair, and these things fell out. Then she sent for a constable. I went to the office, and the lady came at six o'clock; she told the Justice that she did not know the name or number of the watch: she did not know what sort of a seal it was. The Justice asked her what was between the cases, and she could not tell; then the Justice said the watch was not her's; she said it was; and the watchmaker could not swear to the name or number; but he knew that Mary Baker had a flat metal watch; but the watch was delivered into her custody, and so she has had the watch all this time; she can tell you I had several witnesses that would have come here and sworn; and the constables, if you put them on their oath, will tell you that she did say she could not swear to the watch. None of these keys unlocking the door, how could I open it and lock it again; I had no instrument to open it with. I hope your Lordship will look into and mind what she says; for the woman said before that, that the keys were taken from me, and now she says this second time, that I was fumbling them out of my pocket.

The prisoner called one witness to his character.

GUILTY ,

Of stealing to the value of 39 s.

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

174. WILLIAM CARDWELL was indicted for stealing, on the 18th of March last, twelve linen handkerchiefs, value20 s. one cotton counterpane, value 2 s. twenty yards of linen, value 21 s. and twenty-five yards of printed cotton, value 18 s. the property of Duncan Hunter and others.

KNIGHT SPENCER sworn.

I know the prisoner Cardwell; on the 18th of March we received information that the warehouse had been robbed, upon enquiry, and found at the prisoner's lodgings, in Red Lion-court, Watling-street (I was was present the whole time), and we found the property mentioned in the indictment in a secret drawer, in a chest of drawers The prisoner was not there, he was in custody at the time.

JOHN PENNANT sworn.

I was not up stairs when the two first pieces were found; they were given to me by Charlton, and have been in my possession ever since; (Produced.) They are never sold but upon foreign orders; I have no doubt but they were stolen; and the prisoner confessed it in my presence.

Prisoner. I would be glad to know if the gentlemen can say any thing against my character? - We always looked upon him as an honest man, and he was countenanced by the whole house.

GUILTY .

Fined 1 s. and imprisoned six months .

Tried by the London Jury before Lord Chief Justice KENYON.

175. JOHN JOHNSON and FRANCIS POPE were indicted for feloniously stealing, on the 4th of March last, two pair of leather shoes, value 2 s. two pair of leather shoes, value 6 d. a pair of leather half boots, value 12 d. the goods of James Bothway .

JAMES BOTHWAY sworn.

I am a shoemaker , I lost these things from Rathbone place , I was called up by one of the watch, and he told me my place was broke open, and that they had got two men in custody.

JOHN HAYES sworn.

On the 4th of March last I was coming from the watch-house, about a quarter before six, I saw these two men coming as from Mr. Bothway's shop, at the end of Percy-street; I told the watchman to stop them with me; we did, and coming up we found Mr. Bothway's place broke open, and we found upon them in their pocket the shoes; they were all in the pocket of Johnson; nothing was found upon Pope but a knife.

CORNELIUS BIRKITT sworn.

I stopped the two men with Hayes, Johnson had the half-boots which he dropped, and an iron crow, and the shoes in his pocket on he other side; I do not know Pope had any thing.

JOSEPH WHITEMAN sworn.

Corroborated Hayes and Birkitt's testimony.

PRISONER JOHNSON's DEFENCE.

I picked them up.

PRISONER POPE's DEFENCE.

At the time I was apprehended, I was five or six yards from this man; I know nothing of them.

(The shoes produced and deposed to.)

JOHN JOHNSON , GUILTY .

Transported for seven years .

FRANCIS POPE , NOT GUILTY .

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

176. OWEN MACARTHY was indicted for feloniously stealing, on the 1st of April , one hand-saw, value 5 s. the goods of Michael Bradwaith .

MICHAEL BRADWAITH sworn.

I am a journeyman carpenter : on the 1stof April, Friday, I lost a hand-saw, I was at work with it before I went to dinner, and then left it in my back-shop, in an inclosed yard behind the buildings where I was at work, in the New-row, St. George's ; I saw it again, between one and two in the afternoon, at the Roebuck; nearly opposite the building; it was left with the officer at that time.

RICHARD CLARKE sworn.

The last witness works for me at the New-row, St. George's; I saw the prisoner come into the building, and look about five or six minutes; I was above in the second floor, I saw him go to this man's bag, and take out the saw; I went down and took it from him, and took him into custody.

PRISONER's DEFENCE.

I went in to ease myself, and the prosecutor took hold of me, and then went to a basket, and took that saw out, and said I wanted to take it away.

GUILTY . (Aged 50)

Publicly whipped .

Tried by the first Middlesex Jury before Mr. RECORDER.

177. ANN NEWLAND was indicted for feloniously stealing, on the 12th of April , one half crown piece, one halfpenny, and four shillings in money numbered, the monies of Richard Harper , privily from his person .

RICHARD HARPER swern.

I am a porter at Gray's-Inn Coffee-house; about twelve o'clock on Monday night last I was ordered to call a coach at Fullwood's-rents stand; I called a coach, and this person came up to me, she asked me if a gentleman of the name of Mr. Belcher was at our house; I told her he was; she told me he would give her six-pence, for he had always used to do so when he saw her; I went in to let the person know the coach was ready, and letting the gentleman into the coach, she came by my side; as he had another gentleman with him, he would not then talk to her; one of the waiters ordered me to go for a pot of beer to the Coach and Horses; this girl followed all the way, having hold of my arm; she wanted me to treat her; I would not: she stopped till I came back again, and said hold of me again; and just as I came home again, I felt her hand in my pocket; I catched hold of her hand, and opened one of her fingers and thumb, and talked to her about the money again; she gave such a squall, and put the money in her mouth; accordingly I took her to Southampton-buildings, and charged the watch with her; some of the money was found on her at the watch-house, six shillings and sixpence halfpenny; four shillings and a half crown piece, and one halfpenny; I can swear to the half crown and the halfpenny; all this money was found in her mouth.

JOHN WINCH sworn.

I am a constable; the prisoner was brought into the watch-house this night week, and charged with a robbery by this young man of half a guinea and seven shillings, but sixpence was found in Hand-court, coming up to the watch-house, and an halfpenny; the half guinea was not found. I searched the prisoner, and the half crown and the halfpenny dropped upon the floor, and I caught the four shillings in my hand; it all came from her mouth.

(The money produced, and the half crown and halfpenny deposed to.)

PRISONER's DEFENCE.

I was coming from Lincoln's Inn-fields, and met with a gentleman, who seeing me distressed, gave me half a guinea, and a shilling's worth of brandy and water; coming down Holborn I met with a woman, and we went and changed the half guinea, and I had six shillings and sixpence, and a half-guinea left; after that I met with the prosecutor, and he wanted to go home with me.

MARY KIMBER sworn.

My husband is a blacksmith; last Monday night between nine and ten I met the prisoner, I believe she is a servant.

Do not you know; is not she on the town? - To my knowledge she is not; she lived in Grafton-street with Mr. Shiling an attorney; I met her the corner of Chancery-lane, on Monday night last, about ten; we drank together and she paid, I saw her have a shilling and sixpence and some more silver; I wished her a good night.

GUILTY, not privily .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

178. THOMAS otherwise JOHN MACKENZIE was indicted for feloniously stealing, on the 17th of March , four silver table spoons, value 40 s. the goods of Fletcher Partis , and one silver tea-spoon, value 18 d. the goods of Ann Clarke , in the dwelling house of Fletcher Partis .

FLETCHER PARTIS sworn.

I live in Great Titchfield-street, Marybone ; on the 17th of March last I lost four silver table-spoons.

ANN CLARKE sworn.

I am servant to Mr. Partis; on the 17th of March, between two and three o'clock, I was up stairs with my master, all the servants being out; I heard a chink of silver below in the kitchen, I went down immediately, and saw the man coming out of the place; he appeared quite a stranger to me, and seemed to go through the kitchen; I then seized him, and held him while I called my master down stairs; my master coming down he shoved me to the dresser, and pulled out of his pocket four table spoons. The prisoner is the man we secured; before I went up stairs they were in a large closet.

(The spoons produced and deposed to.)

Mr. Partis. Between the hours of two and three, my servant went down stairs, and called me, and there I saw her seizing the man by the collar; I saw a man out of the window, and beckoned him to come in to assist; when he came into the kitchen, I told him this man had taken out of his pocket four table spoons, and I suspected he might have more of my property about him; and says I, if you will stand by me I will search him; on which I found this teaspoon in his pocket.

PRISONER's DEFENCE.

I went to this gentleman's apartments to enquire for a person whom I was ordered to dress his hair, and the servant ran down stairs, and told me she dare say I had taken something.

GUILTY ,

Of stealing to the value of 39 s. only.

Transported for seven years .

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

179. SAMUEL PERKINS was indicted for stealing, on the 17th of March last, a pair of velveret breeches, value 5 s. a pair of stays, value 5 s. a cloth coat, value 5 s. a silk cloak, value 6 d. and other goods , the property of John Jervais Wright .

JOHN JERVAIS WRIGHT sworn.

I am a chair-maker , at No. 48, Baldwin's-gardens ; all these articles in the indictment I lost, part of them were in a deal chest not locked, the rest on the bed in the parlour, on the ground floor; I did not see the prisoner take them, nor on the premises; about a quarter before one o'clock I was alarmed, and missed the things; I saw them first, after they were missing, in the street, in a little girl's hand, whom I have as a servant; my wife took them all of her, and brought them into the house again; the constable Winch has them now, I delivered them to him.

How soon did you see the prisoner after he was taken? - In less than a minute.

THOMAS HOPKINS sworn.

I am a baker: I saw the prisoner on a Thursday come out with a bundle under his arm, I went and asked the servant maid if she had let any body out, she said no; I ran after the prisoner, and he turned the corner; I lost sight of him then, and he threw the bundle down; I passed by the bundle, and pursued the prisoner and took him; he begged of me to let him go, as he was afraid he should be hanged: I believe the brewer's man picked up the bundle, I saw it in the servant's hand in a very short space of time afterwards; the bundle was caried to Mr. Wright's who came out and laid hold of the prisoner, and came along with me for a few yards, and turned back again to fetch his coat, and returned again, and the prisoner was committed.

Who gave Winch the bundle? - The Justice; I am sure it is the same bundle the prisoner dropped, and the same I saw him bring out of the house.

Are you sure that the man you lost fight of, and afterwards took, is the same man you saw coming out of the house? - I am.

THOMAS EADER sworn.

I live along with the prosecutor, he is a brewer ; as I was coming along, I saw theprisoner come out of Baldwin's-gardens, drop the bundle and run along Tash street, and into Mr. Price's; it was a bundle tied up in a blue and white cloth; I lost sight of him after he was in Mr. Price's, but I saw him drop the bundle right upon the kennel in Tash-street.

What was done with the bundle? - The constable had it, and took it to Clerkenwell-green to the Justice's; I did not see who picked it up.

Did he go the same day to the magistrates? - Yes.

Should you know it again? - Yes.

- WYNCH sworn.

I am a constable, I produce a bundle, (the bundle produced.) I got it from Mr. Wright about eleven or twelve o'clock the day the prisoner was taken, and have kept it ever since.

(Deposed to.)

PRISONER's DEFENCE.

I was coming along, I heard the cry of stop thief, I ran after a man who dropped the bundle, and went into an house, and these men came and caught hold of me.

GUILTY . (Aged 18.)

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

180. ALEXANDER WATSON , JOHN PYBUS , and STEPHEN SWINNEY were indicted for feloniously stealing, on the 13th of April , thirty-seven pounds weight of lead, value 30 s. the goods of Ann Morgan , widow , fixed to her dwelling house .

ANN MORGAN sworn.

I am a widow. Last Thursday morning, some few minutes after three, I was waked by a knock at the door; I threw up the window, and a watchman desired me to see if I had lost some lead: I looked, and found some lead rolled for to take away, from over the shop window; it was quite cut away, and separated from the house, and wound up in a small compass; and there was as much taken away as was rolled up; I had seen it all safe the same night when I went to bed.

Mr. Peatt, Prisoner's Counsel. You are a widow, and keep a shop? - I do; a leather cutters and curriers.

Did you see whether it was joined to the lead that was left, or separated? - Intirely separated; it came away without the least obstruction; my servant came and took it up.

Court. What light had you? - The watchman put his candle up by the help of a stick, and my servant took it, and delivered it to the watchman.

GEORGE CAP sworn.

I am a currier. A little after three o'clock on Thursday morning I got out of window and examined the lead, and it was separated entirely; it was newly cut; I took it in and stamped it, on purpose that I might know it again, with an iron stamp, I. M.

Mr. Peatt. What night was this? - It was a dark night.

Did you take particular notice whether this lead was separated intirely? - I did, by the candle of the watchman.

Who conducts her business for her? - You ask me too hard a question.

You do not conduct it? - I do not.

Neither by night nor day? - I do not.

Court to Mrs. Morgan. Who pays for this house? - I pay myself.

Court to Cap. Was this lead cut strait, or in and out? - It was cut strait.

Did you feel or examine the thickness, either by your eyes or fingers? - By both; and I believe it is the same; I laid it all down, and it exactly fitted.

JOHN CRUTCHFORD sworn.

I am a patrole of St. James's parish. My partner and I was going along on Thursdaymorning, we made a halt, and saw a man within two doors of Mrs. Morgan's; we made a run, and seized him by the collar, and the other two came off the house; they jumped down, I saw them; and they ran from the house; Swinney was the man I came up to in the street, and stopped him, and he never got out of my hands; the others ran; my partner took one half way down the street; and he called to the watchman, and he stopped the other; I lost sight of them when they turned the corner.

Was there light enough for you to know the same men, and are you sure that they are the same men you saw in the house? - I can, from their dress; I saw them in custody in less than a minute.

How did they get down? - Down by the spout and rail; we took all three to the watch-house, and came back again to Mrs. Morgan, when we found there was a piece gone, and a piece rolled up.

Mr. Peatt. You have told his lordship that you saw them coming down by laying hold of the spout, then you did not see the rope that was hanging down? - There was no rope there.

How high was it from the ground? - About ten feet.

Did not one let himself down by his hands? - They came nearly down both together, as nigh as I can guess.

Prisoner Swinney. Did you see me near the place? - I did.

I would wish to ask whether you saw me run or no? - I cannot tell that particularly.

Peatt to Crutchford. What distance from Mrs. Morgan's house might you be when you took Swinney? - About eight or ten yards.

He is a young man, rather strong? - He is rather strongish.

You was using your hands very attentively with reference to him, and your eyes with reference to the other two? - I did.

What sort of a light did you use at this time? - We carry no light.

What time was this? - About half past two.

Then the lights in the street were almost out? - No; there were people about to light them.

However that might be, you say that the two men, that were ten yards from you, you could know them again? - I have spoke nothing but the truth.

No; I do not doubt that; but you may be mistaken of men that you did not see come back for a pretty length of time? - I am certain they are the men.

What circumstance has led you to suppose they are the men? had they round hats or cocked ones? - Round ones.

Prisoner Watson. Please you, my lord, I had a cocked one all the time.

JOHN PATRICK sworn.

I am a patrole. About half past two in the morning my partner told me he saw a man standing down the street; we went down, and Swinney made towards us; I stopped him, and asked him what business he had there? he said, he was a gentleman's servant out of place, and lived in Tottenham-street; just as I had said the word I heard a rush, and saw two men come down the wall of Mrs. Morgan's house, and run down Queen-street; I ran after, and caught them about the middle; I stopped Watson, and called out to the watchman to stop Pybus; I saw him take him; we carried them to St. James's watch-house; we found two knives on them; and we made a charge of them on suspicion, and came back to Mrs. Morgan's house, and called her up.

JOHN CROWDER sworn.

I am a watchman. About half past two I heard a rattle spring; I went and assisted to take these men to the watch-house; the three men at the bar: I saw two knives taken from them; after which we went to Mrs. Morgan's, and saw the lead cut, and the parcel of lead rolled up: we knocked at her door, and found the lead was cut.

The prisoner Watson called one witness, who gave him a good character; and theprisoner Pybus called four witnesses, who gave him a good character.

ALEXANDER WATSON JOHN PYBUS -

GUILTY . (Aged 19.)

Transported for seven years .

STEPHEN SWINNEY , NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

181. JOHN PORTER was indicted for feloniously stealing, on the 14th of March , a brick-maker's trough, made of iron, value 2 d. two iron pitch-forks, for grains, value 2 d. an augur, value 1 d. a bushel of coals, value 12 d. an old sack, value 6 d. the property of William Whitehead .

WILLIAM WHITEHEAD sworn.

I am a farmer at Greenford: the prisoner was my labourer . I lost the things mentioned in the indictment; and the prisoner ran away into his own country; and the next day I got a search warrant, and found them at his house; his house joins to mine within two doors; the constable took them from the stairs.

Prisoner. I brought them from my master to clean them.

THOMAS NICHOLS sworn.

I saw the trough in the possession of the prisoner for this twelvemonth; and he said it was his own.

Prisoner. That young man and me had been turning dung together; and he left the trough at my house.

Court to Nichols. Did you leave any thing with him? - It is false.

GUILTY . (Aged 24)

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

[Whipping. See summary.]

[Imprisonment. See summary.]

182. JAMES TOMLINS PRITCHARD was indicted for feloniously stealing, on the 26th of February , a silver watch, value 30 s. the goods of Alexander Young .

ALEXANDER YOUNG sworn.

I gave my watch to clean to Willian Beadle in Little Russel-street, Covent Garden, No. 33 ; I received it from the woman of the house where it was stolen from, the watchmaker's, on the 26th of February; I gave it them on the 23d of February.

ELIZABETH BEADLE sworn.

I am sister to the young man who had the watch to clean; I saw it taken out of the shop; I cannot tell what day of the month, but it was on a Saturday; the young man came into the shop, and told me my brother wanted a screw-driver, and not knowing the man I did not believe the story; immediately on this the prisoner pulled out the drawer at my brother's table, in which was a watch and a pair of silver cases beside; he took the watch up, I told him he had got a watch; he gave me a push from him and went out, and I gave an alarm, and in about ten minutes he was brought back; the prisoner was a stranger to me before that day, but I have no doubt but he is the same; the watch was likewise brought back by a person who picked it up in the street, whose name is Robert Dove , and delivered it to me.

Is it the same watch delivered to you as was taken by the prisoner? - I do not know the watch.

WILLIAM BEADLE sworn.

On Saturday, the 26th of February last, I was with Mr. Young, and coming to his house I saw a parcel of people at his door. When I went in I was told I had been robbed of a watch; my sister said, I have got the watch, she shewed me it immediately; I said, this is Mr. Young's watch which I had to repair: I had repaired the same watch for Mr. Young, about a year ago; the watch was delivered to Mr. Young in my presence, and Mr. Young produced it atSir Sampson Wright's office. I found the box and case much bruised, and the glass broke. The prisoner was taken to Bow-street that same night.

Where did you see the man when you came home? - In my sister's shop, in the same place where I work.

Can you tell me where the watch was before you went? - It was in my drawer, and there was another watch in the same drawer, separated, which I had not repaired.

What time did you go out? - About a quarter before six.

Are you sure that when you went out, that watch was in that drawer, and that the watch given you when you came home, was the same left in that drawer? - I will take my oath of it.

Was any body present in the shop that see this watch delivered to you? - Yes, the two witnesses, the man that took the prisoner, and the man that picked up the watch, were both in the shop at the same time.

JOHN JONES sworn.

I am one of Sir Sampson Wright's patrol; going out about six o'clock in the evening, and going up Russel-court, I heard the cry of stop thief; I turned my head and saw a number of people, and saw the prisoner running; I went after him and caught him, he was running through Russel-court; I enquired the reason of stop thief being called out; they said he had stole a watch; I took and searched him, and found nothing upon him; I took him to the house of Mrs. Beadle, and she said she had lost a watch, and I took him before Sir Sampson. In about five minutes after I was at Mrs. Beadle's, Mr. Dove brought the watch in. I am sure that is the man I stopped.

ROBER DOVE sworn.

I am a newsman; I picked the watch up about six o'clock in the evening, in Russel-passage, it laid out of its case; Russel-passage leads from Drury-lane to Bridges-street. I took the watch to the house, and gave it to Mrs. Beadle herself; I heard an alarm of stop thief; I saw people running.

Prisoner. Did not you see me and another man exactly running together? - I saw two men running, but I cannot tell who they were.

Court to Young. What was done with the watch after it was brought into the house? - It was given to Mrs. Beadle, and she gave it to me, and I have kept it from that time to this.

(The watch produced and deposed to.)

PRISONER's DEFENCE.

My Lord and Gentlemen: I am to prove, as far as lies in my power, the villainy of this indictment. I had absented myself from my master's service, and I got into liquor; I accordingly repaired to the house of Mr. Sessons, the King's Arms in Great Russel-street, for a lodging; they could not give me one: I immediately repaired to the Brown Bear in Bow-street, where I got a lodging. On Saturday morning I got up and called for three halfpenny worth of purl and gin; I sat down drinking it, and reading the paper, and the prosecutor came in, and asked me to let him see the paper when I was done, which I did: accordingly he told me I appeared to him very much like an honest man, and that he wanted a person to do an errand for him. He immediately told me he had a watch sent him to repair, by a person of the name of Sophia Johnson , who lived in Duke's-head-court. He told me further, that he himself had great reason to believe, that this watch was stolen; and that if he could prove its being stolen, he meant to take the greatest act of justice, which lay in his hands to do. He said the watch wanted a gold basil, and a gold minute-hand; and that he wished me to go with a lie in my mouth to call at the house of this Sophia Johnson, and ask for her; I went there, and they told me she was out of town; I was to tell her that I was the son of the watchmaker, and that the man who was there repeatedly was only a journeyman. The people told meshe would not be in town till Monday; and on speaking to the woman about the watch, she said she knew Sophia Johnson came honestly by it, and as such would be very much obliged to me, if I would not let that black looking thief come there any more, meaning Mr. Beadle. I went back to Mr. Beadle, and told him what was said; accordingly he took me to the Brown Bear , and there was there two or three men of Sir Sampson's officers at the time we went in, I told them what I had been about; and they told me he had been repeatedly making an affair of this watch, and that he had got some fool or other to go there; for no wise man would take it up; at this place I called for another pint of beer; he took me from there to the Crown in Marybone-court, in the Strand, where he took me to a house, where we might find some common women, and there was two or three sailors; he immediately asked them if they knew the name of this person who had sent him this watch, and he told them they had sent it him by the name of Elizabeth Head ; they told him the name of the person was Sophia Johnson ; we had two or three pints of beer there, I paid my share; I went from there with him to Mr. Brown, and searched the books, to see if he could find who had lost this watch, he went from there to a pawnbroker's, and from there to Sir Sampson Wright's office; they told him he had been there before, and what was the use of coming there so often: from there we went together to the corner of Princes-street, Drury-lane, from thence to the corner of Little Russel-street; and from there he took me over to his own house, and shewed me this watch, without its gold bazil or gilt minute hand; and said, that if he could bring the woman to justice, undoubtedly the watch would be his own, and he would make me some recompence for my trouble. From that we went to the Brown Bear again, and we had a quarrel about the watch; and I told him I was a man of no principle if I would hurt a woman, and that if so be the woman required any defence from me, I would immediately appear against him: I stepped into the public tap-room; at the next door to the tap-room was a butcher's, I stepped out and got some stakes, and had them for my supper: accordingly, after he called for a pint of beer, he wanted to make it up, and I would not; and there came in a man, and they seemed to discourse a long time together; after that he rather prevailed on me, and we were good friends again: I accordingly drank with them, and there was another man with them; he said he wanted to go to Vauxhall, and went out after whispering to this man, and brings in that gentleman with the brown coat (Mr. Young) and sits with him down in the box, and they had a pint of beer together; he then calls me to this man, and after a long preamble with them both about America, he told me this man had got a watch which he was repairing, and sent me home for a screw-driver, persuading me it was to repair that watch there. On going into the house, I asked Mrs. Beadle if she had got a screw-driver to send to her brother; without any hesitation, or looking at the drawer, she told me she had lost a watch; I immediately ran after the man, and a gentleman who is a patrole came and seized me, and detained me. That is the only defence I can make, which is true.

Court to Beadle. Is this true, which the prisoner has been saying, about your being together that day? - I saw him at the Brown Bear that morning, and I sent him to ask for Sophia Johnson ; but he was not with me in the company of Mr. Young, nor did I send him for the watch.

Had you received the watch from Mr. Young that day? - I had had it in my possession three days.

Are you very sure that you never sent him with any message whatever to your sister? - I never did; what he has said about that is false: upon my oath, before God, I sent him in no respect on the face of the earth.

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

GUILTY . (Aged 22.)

Tried by the second Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

183. WILLIAM CHAPMAN was indicted for feloniously stealing, on the 21st of January , four hundred pounds weight of lead, value 40 s. from the parish church of Stepney , belonging to Robert Hughes , John Ran , Isaac Graham , William Watson , and Richard Goby , then being the church-wardens of the said parish.

A second count, laying it to be the property of the parishioners of the said parish.

A third count, laying it to be the property of the Rev. Thomas Braithwaite , Clerk, the Rector of the said parish .

(Mr. Garrow opened the case.)

SARAH BRADLEY sworn.

I am sextoness of the parish of St. Dunstan, Stepney ; on the 21st of January, two men came to me for the key of the church, to mend some leaks on the lead; I asked them whom they came from; they said from Mr. Meadows, the plumber, and that they should come the next morning for it; I told them they might have it as soon as it was light; they did, and I gave the key, and they brought it back again at night, about five in the evening: and on the next day, Saturday morning, they came again for it, and I gave it them then, and about the hour of four or five, they brought it me again on Saturday afternoon, and then said they were done. I did not hear any lead was taken away till the 30th of January; I cannot swear to the men, they were dressed very smart, in long coats, clean shirts, and very tidy.

EDWARD PORTER sworn.

I am a plumber and glazier; on the 21st of January I was at work on the top of the Ship at Stepney, facing the church; I saw two men on the top of the church pulling at something, as though it was the lead; the church parapet raises about four feet, I saw their backs, and when they saw me, they appeared to use a rule as if measuring the lead; I went down, and said, there are two men on the top of the top of the church, doing something they should not do, it is fit somebody should go to them, and the grave-digger went to them, and brought them into the public-house; I am sure the prisoner is one; they said they worked for Mr. Meadows. Whilst these two was there, my iron was in the fire; observation was made that they were going to prayers; one of them said, that makes no difference, we can go to work; so they went on the top of the church again.

How soon afterward did you see the prisoner after he was apprehended? - It was about a fortnight ago.

How long did you stay in the public-house with them? - About ten minutes, or a quarter of an hour.

Had you ever known them before? - No, I had not known them, but I have seen them.

SARAH HERBERT sworn.

I am one of the pew openers of Stepney Church; on Saturday the 22d of January, I met the prisoner in the church, he told me he was a plumber. When I came back to do my work, he was out, and was gone from twelve to one; the prisoner came to my door and asked me for that key to go out; I told him I would not. From curiosity I went up to see what way the church was made; and I saw a chopper like a sugar chopper, and looked about for the prisoner, but could not see him there; on Sunday week following I heard there was four hundred pounds weight of lead gone.

EDWARD MATTHEWS sworn.

I am a grave-digger; I was up in the steeple chiming the bells, I cannot say to the day; the prisoner came up into the steeple, and said he had been at work on the top of the church, and wanted to go up to the top of the steeple, to see if there was any work to be done there: I let him go up; he came down again in a few minutes afterwards; says I, young man, is there any thing wanted to be done on the top? no, says he, it is all tight, and clever, and neat: I also saw him at the Ship, and am sure he is the man.

JOHN MEADOWS sworn.

I do the business of the church as a plumber; I know nothing of the prisoner at the bar, nor did employ him on the 21st of January, nor any time else.

JOHN JOHNSON sworn.

I am partner with Mr. Meadows; the prisoner was never employed by me nor Mr. Meadows, to my knowledge, nor were any of my men employed at that time about the church. I went up on the church, and by a calculation I had made of it, there appeared to be three or four hundred pounds weight of lead missing, the value of which must be upwards of three pounds, taken from the body of the church. I did not go upon the steeple.

Mr. Knowlys. Did you take particular notice, whether this was taken from the body of the church or the chancel? - From the body of the church.

How long before that time had you seen the church? - About twelve months.

Mr. Garrow. Were any repairs done to the church in the last ten days? - No, none.

Court. Could you discover whether this lead had been recently taken away, or been lately cut or torn? - I cannot answer, it was taken away from where it lapt over.

Will not lead carry an appearance of being cut, when it is done lately? - Not when it is lapped over.

ROBERT NEWELL sworn.

I am one of the beadles; I went up and found it just the same as Mr. Johnson represents it.

Mr. Knowlys. When did you see this lead before? - I do not know that ever I was on that part of the church before in my life.

ROBERT HUGHES sworn.

I am one of the church-wardens in January last; the others were John Ran , Isaac Graham , William Watson , Richard Goby .

WILLIAM READ sworn.

I went up to the top of the church and found the lead recently cut, by the brightness of the lead; they took some from the top, where the rain would have come in.

Did you point out that to Mr. Newel? - Yes, we both remarked it; Mr. Newel has forgot it at least. I never saw this man till I saw him before the Justice.

GODFREY HOLDWORTH sworn.

I work for Mr. Porter, and was at work with him, and saw two men working on the church; the prisoner was one, pulling and hauling the lead, as if he wanted to divide it asunder; I saw him also in the public-house.

Mr. Knowlys. You did not go on the church? - No.

GUILTY . (Aged 23.)

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

[Transportation. See summary.]

184. WILLIAM GLISTER was indicted for feloniously stealing, on the 23d of February , two muslin aprons, value 9 s. two linen shifts, value 5 s. one guinea and an half in gold, and three shillings and sixpence worth of halfpence, the goods of Ann Dunnahaugh , in the dwelling-house of Peter Caveneau .

ANN DUNNAHAUGH sworn.

I am a servant at Mr. Peter Caveneau 's, and lived with him at the time of the loss of these articles, which was on Monday the 28th of February, when they were taken out of my room where I slept, from a box; the box was locked, and the key lay on the top of the box; it hung to a string, but not tied to the box; on Sunday night I put sixpence in halfpence among the money in the box, and on Monday morning I had been robbed; I got up between six and seven, but did not then look at the box, and left two of my master's daughters asleep in bed; when they came down between eight and nine in the morning, they told me that they saw Glister naked come to the box; in consequenceI went up and missed the things; I missed two muslin gowns, two linen shifts, one guinea and a half in gold, six shillings in silver, and eighty-four halfpence. I had seen all the things in on the Sunday night; the prisoner was let to lodge there a few nights, because he was in distress. My master keeps a public-house, the sign of the High Flier, the corner of Berwick-street.

MARY CAVENEAU sworn.

I am the daughter of Peter Caveneau ; I sleep with the servant, I was in bed, and waking, I saw the prisoner in the room at the box, between eight and nine o'clock in the morning; I see one hand in the box, and the other holding the lid up; he frightened me so, I am not sure whether he took any thing out or no; I asked him what he wanted; he said he wanted a comb; I told him the soldier had plenty of combs, so he walked out of the room; and I saw him no more till the 8th of March; I got up and dressed myself, and went down directly, in about ten minutes, and told the servant of it, and she went up directly. The prisoner was in his shirt in my room.

JOHN PERKINS sworn.

I am the soldier that was billeted at this house; this William Glister is the man that I asked leave of my landlord to sleep with me; he is a coachman, I have known him two years; the prisoner slept with me that night, I was upon duty the next morning, and left him in bed; I returned home about eleven, and was accused as a confederate; upon that I was cleared by what the girl said, and on the 8th of March I took him up myself; I told him he must go with me to clear me at my quarters; he said he would come in the afternoon; I told him he must go immediately, and brought him and delivered him into the hands of the officer.

PRISONER's DEFENCE.

It is a common lodging house, where there are many lodgers besides me every night.

Jury to Perkins. How near is your room to the girls? - On the same floor, the rooms are opposite.

GUILTY. (Aged 20.) 39 s. only .

Tried by the first Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

185. ROBERT SMITH was indicted for that he, on the 20th day of September , not having the fear of God before his eyes, but being moved and instigated by the devil, did feloniously make an assault on William Johnson ; and did strike, kick and beat the said William Johnson , with his hands and feet, on the head, breast, back, sides, and other parts of his body; and that he, with felonious intent, did cast and throw the said William Johnson on the ground, with great force and violence, giving to the said William Johnson , as well by striking, kicking, and beating, as by the throwing and casting him on the ground, several mortal wounds and bruises, by which the said William Johnson , from the said 20th of September did languish, and languishing did live to the 21st of the said month, on which day the said William Johnson did die .

He was charged with the above murder in a second count, by the coroner's inquisition.

WILLIAM READ sworn.

I know the prisoner Robert Smith , and I knew William Johnson ; I remember there was a match made for them both to fight, and then the money was withdrawn; and afterwards there was another match made, but I cannot say for what, and they fought, and Robert Smith was the conqueror; I saw the battle, I saw no foul play made use of; it was what they call fair fighting, as far as I saw. When Johnson came in after the battle, he seated himself on a man's knee, and dropped down from his knee, and was put into a coach.

Mr. Knowlys. I believe Johnson was the better man of the two? - There was no great deal of difference in strength.

Court. Did not you know that the deceased and the prisoner had had some words before this? - They said they would fight, each one, I believe; they fought for three guineas.

LUKE PRIAL sworn.

I knew William Johnson in his life-time, and I know the prisoner at the bar; I heard William Johnson mention that they were to fight, a fortnight before the day; that he should like to fight the prisoner.

Was there any quarrel; why should they like it? - I do not know: I saw them fight; they fought about thirty minutes.

What was the event of the battle? - Johnson was very much hurt and beat; but there was no unfair play, or unfair practice.

Mr. Knowlys. Johnson thought himself a very good fighter, and therefore he wished to beat him, thinking himself a better fighter than this man? - Yes.

WILLIAM LIGHTON sworn.

I knew Johnson, the deceased, and am very well acquainted with the prisoner at the bar; I saw them fight.

Did you see any unfair play? - I saw Robert Smith give blows below the waistband of the breeches, and Johnson was beat.

THOMAS SANDYS sworn.

I am a surgeon, and was called in to the assistance of the deceased, Johnson; I found him quite senseless, and very much bruised about the breast, neck, and head.

Did you observe any blows on the private parts? - No, there were none; I am very certain there were no marks there.

What was the occasion of this man's death? - On opening the scull, I found a great quantity of extravasated blood, which issued from a blood vessel.

Was there any fracture of his skull? - No: that extravasated blood might have happened by a fall; but I rather suppose it might have been in consequence of the blows he received on his head in fighting.

Prisoner. I leave it to my counsel.

Mr. Knowlys. My Lord, I have a great number of witnesses to prove there was no foul play, and that he is a good-tempered fellow.

GUILTY of Manslaughter .

Imprisoned twelve months , and fined 1 s.

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

200. ROBERT HARCOMBE , JAMES BEALE , and CHARLES BEALE , were indicted for feloniously stealing, on the 9th of March , ten iron bars, belonging to the Most Noble Hugh, Duke of Northumberland , affixed to his dwelling-house at Sion .

CHARLES LATHUM sworn.

I keep the Queen's-head, at Knights-bridge. On Wednesday, the 9th of last March, I saw the prisoners passing my door, in company together; one had a bag on his head (Charles Beale), with something in it; I gave notice to Mr. Fenn, the constable, and in the space of five minutes he took him into custody; the bag was examined, and I saw ten iron bars; I secured one of them.

WILLIAM FENN sworn.

I am the constable of Knightsbridge: I stopped the prisoners, and asked Charles Beale what he had got on his head; he said, What is that to you? it was nothing: I took it from them, and secured the lads; they all said they had got nothing they were afraid of: I found ten iron bars, and three pieces of lead. (Produced.) I found nothing upon them else but a knife: I took them to Justice Bond, and they were committed.

What time of the day was this? - Between eight and nine in the morning.

Did you ever go to the Duke's seat, and see if any thing had been missed? - I did, and found all these bars missing.

ISAAC HOOSEBY sworn.

I am a carpenter; I believe them to be the Duke's property; I put these all into the fence, and they fitted.

MAURICE MORRIS sworn.

I am a labourer. On Wednesday, the 9th of March, about a quarter before six in the morning, I met Charles Beale and Robert Harcombe in a path that leads from Isleworth to Brentford-road; I saw James Beale inside a tree in Sion-park: when I got into the park, I said to Hyde, there is the other brother behind the tree, James Beale ; so we made a full stop; and when he saw that, he went to the other two, with a small bundle under his arm; I went on to my work, and saw no more of them.

JACOB HYDE sworn.

I saw Robert Harcombe and George Beale walk up the path together, as Morris and I were going to work, and saw James Beale behind a tree; says I, Morris, let us give a bit of a stop; upon which he went out of the park: I am sure they are the same as we saw about a quarter before six in the morning of the 9th of March.

To Mr. Hooseby. How far from the gate might these things be taken away from where these two witnesses saw the three prisoners? - About 100 yards from where he might see the men.

Is the railing fixed to any building? - It is fixed to a lodge inhabited by the steward.

ROB. HARCOMBE's DEFENCE.

We were all three of us coming up to London to look after work, and we picked them up along-side of the road.

- BELL sworn.

I am steward to his Grace of Northumberland; the lodge is used with his mansion, and connected with it by a wall as well as by these rails.

JAMES BEALE 's DEFENCE.

We found them along-side of the road.

CHARLES BEALE 's DEFENCE.

We saw them lay along-side of the road.

ROBERT HARCOMBE , JOHN BEALE , CHARLES BEALE ,

GUILTY .

All transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

201. JOHN MOSS was indicted for feloniously making an assault, on the King's highway, on John Charlton , on the 26th of February , putting him in fear, and feloniously taking from his person, and against his will, one man's hat, value 8 s. the goods and chattels of Thomas and James Ivory .

JOHN CHARLTON .

How old are you? - Fourteen, the next June.

Do you know the nature of an oath? - Yes.

What is it? - To speak the truth.

Suppose you should not speak the truth, what will become of you? - Go to hell.

JOHN CHARLTON sworn.

I was going with some hats home; the prisoner met me just beyond Shoreditch church, in the highway, between six and seven at night; I was resting myself on the steps, and the prisoner asked me where I was going; I told him I was going rather higher up: he asked me whether he should carry one of the hats for me; they belonged to James Ivory ; I was carrying them to deliver them to the customers; I told him I could carry them myself; he said he could carry one for me, as he was going up to Hackney, and I gave him one: we went on till I came to a gentleman's house, where I was to deliver a hat; I took the hat of him, and delivered one, and camedown; and he asked me again to carry one, and I let him carry one; we went on till we almost came to Hackney turnpike , and then I asked him for the hat again; he opened the box, and I laid hold of the brim of the hat, and he laid hold of it too, and he pulled it away, and ran away, and I called out, stop thief! then four men came up to me, and asked me what was the matter, and I told them; about a week afterward, he was taken: I am sure it is the boy; I have seen him before, but never was acquainted with him.

JAMES IVORY sworn.

The last witness was my servant: on the 26th of February I sent him to Hackney with some hats, and he returned very soon after, and informed me he had one stolen from him.

JAMES PARKER sworn.

My master, Mr. Ivory, sent me to the White Bear, Barbican, to carry a hat, and I saw the prisoner behind a coach, about a fortnight after the hat was lost; he asked me if we had not a little boy lived at our house, named Jack; I told him yes; he asked me if he had not lost a hat, and I told him yes; he said he met him one night in Hackney-road, crying, because he had lost a hat; and then he said he had took it, as he had a warrant served on him, and wanted 7 s. to make it up, and asked me, if I saw him come into my master's shop, whether I would stop him; I had known him before about Shoreditch, and he had been at my master's shop for a hat he had dressed there; as soon as I went home, I told my master, and he was taken up in consequence.

PRISONER's DEFENCE.

I have witnesses who will prove I was at work on the same day.

MARY SHEARMAN sworn.

Court. Now, before you begin, take care what you say; for if you say any thing that these gentlemen do not believe, you will render this boy's case worse than it is. - I know the prisoner at the bar to be an hardworking boy; he was bound 'prentice to a weaver; his master was pressed; and lately he hath sold brocoli, and such things, about the streets; but I know nothing of this business.

ELIZABETH IZZARD sworn.

I never heard or knew any harm of this boy in my life; he came of honest parents.

GUILTY (aged 14) of the larceny only .

Transported for seven years .

Tried by the second Middlesex Jury before Lord KENYON.

202. JOHN LEWES , alias WILLIAM JENKINS , was indicted for feloniously stealing, on the 19th of February , one surtout coat, value 12 s. two pair of velvet breeches, value 10 s. one pair of cloth breeches, value 3 s. and other goods , the property of Charles Pelton .

CHARLES PELTON sworn.

The prisoner worked for me; I am a tailor , at Old Brentford, in the parish of Ely : on Friday, the 18th of February, he left my shop; on the next morning I missed the things mentioned in the indictment; I had seen them the night before; Thomas Smith has them now.

THOMAS SMITH sworn.

I am a constable; I produce a coat, and two pair of breeches; the prosecutor delivered them to me, and they have been in my possession ever since.

Court to Mr. Pelton. Where did you receive these clothes? - From Mr. Wooding, Drury-lane, pawnbroker.

THOMAS SAUNDERSON sworn.

I am Mr. Wooding's shopman; I gave a coat and two pair of breeches to the prosecutor, on the 19th of February; I tookthem in of the prisoner; he pawned the coat for 12 s. and the breeches for 6 s. he took the coat off his back.

Prisoner's Counsel. You do not know that that was the coat you delivered to the prosecutor? - As nigh as I can say they are; but it is impossible to be positive: I had seen the prisoner several times before: I gave him the duplicate in the name of William Jenkins .

(The clothes deposed to by Mr. Pelton.)

Counsel to Mr. Pelton. When did you miss the things you are speaking of? - On the 19th of February, the next day after he left me.

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

GUILTY .

Imprisoned six months , and fined 1 s.

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

203. JANE MARDAY and HANNAH FISHER were indicted for feloniously stealing, on the 29th of March , a pair of leather boots, value 21 s. the goods of Thomas Bushel .

THOMAS BUSHEL sworn.

On the 29th of March, I lost a pair of boots from my shop, between the hours of twelve and one at noon: about two hours after, upon enquiring at the pawnbrokers and boot-shops, I found them stopped in Rosemary-lane, at a boot-shop (the boots produced), with the name cut off.

ROBERT JONES sworn.

I am a shoemaker, in Rosemary-lane, in the county of Middlesex. About twelve o'clock, or half after, on the 29th of March, these two girls, the prisoners, came by, and offered these boots for sale; I suspected them to be stolen, and stopped the boots, but not the parties, as I knew them; they deal in old things, which they buy about town: I sent all round the neighbourhood, to see if any one would own them.

PRISONER's DEFENCE.

I deal in changing for old clothes: coming from Deptford over London-bridge, I bought the boots of a man for 6 s. and I carried them to Mr. Johnson's shop to sell.

JANE MARDAY (Aged 25), HANNAH FISHER (Aged 16),

GUILTY .

Tried by the second Middlesex Jury before Lord KENYON.

[Transportation. See summary.]

204. JOHN MILLS was indicted for feloniously stealing, on the 25th of February , ten gold rings, value 30 s. the goods of Simon Vanderburgh .

MARY VANDERBURGH sworn.

I am wife of Simon Vanderburgh ; he is a pawnbroker . On the 25th of February, about seven o'clock in the evening, the prisoner came into the back shop (my shop is in King-street, Westminster ), and asked me for a ring, larger than what he had in his hand; I went to the shop-window, and reached a card, and laid it down on the counter; he took it up immediately, and ran away; there were ten gold rings on the card; I knew nothing of the prisoner before, but I am sure he is the same person; he was brought in again in two minutes, and the rings came back likewise.

Mr. Knowlys. There is no doubt but this is the man that was brought back? - No.

Did you observe how the man who was brought back was as to liquor? - My husband told me so: I did not see him.

Was the person who came for the ring in liquor, or sober? - I really cannot say.

SIMON VANDERBURGH sworn.

I was in the back parlour, to see who Mrs. Vanderburgh was dealing with; I saw him go out, and ran after him, and he ranacross, and I took him about 100 yards off from my shop, which did not take up above a minute; he gave me a card of rings, and another.

JOHN TAYLOR sworn.

Mr. Vanderburgh delivered the rings to me by order of the magistrate.

(Produced, and deposed to.)

Mr. Knowlys to Mr. Vanderburgh. Was he not at this time in such a state of liquor as that he could not stand? - I do not know.

Did not he fall down? - He did; but whether it was through liquor, or through kicking his foot against a stone, I cannot tell.

The prisoner called four witnesses to his character.

GUILTY , (Aged 22.)

Imprisoned three months in Newgate , and fined 1 s.

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

205. JOHN WADLEY and JAMES BUCKLAND were indicted for feloniously stealing, on the 21st of February , twenty-four bunches of turnips, value 22 d. and twenty four bunches of greens, value 16 d. the property of Thomas Webb .

- TAYLOR sworn.

I am a servant to Thomas Webb ; he lives at Fulham , and is a gardener . On the 21st of February he lost about four dozen of turnips and plants, 24 bunches of turnips, and 24 bunches of plants.

Where were they kept? - They were loaded on the waggon, and 24 bunches of coleworts; they were in the same waggon; I gave directions to load them, and raised a stand in the yard to see it loaded; I left it about five or six in the evening, and saw it completely loaded; I placed a man in the yard, to see that nothing was taken out in the yard, and desired the man to go with me and follow the waggon, which we did: the waggon stopped before it came to Knightsbridge; James Buckland was the driver of the waggon, and Wadley was sent likewise to bring a horse back from Covent-garden: we followed the waggon; and when they got to the half-way house, Wadley got up on the top of the waggon, and the other asked him for the horses meat down: after that, Wadley said he would ride till they came to Knightsbridge, where there is a stand of coaches; at which place the waggon stopped, and Wadley stood up, and began to unload the goods; there were two or three people I did not know carrying away the turnips and plants that he gave them down; I sent the man along with me to stop them another way, to meet them, and went and took Buckland in my arms full of turnips, and desired the other man to come up to my assistance and we took both to the watch-house, turnips and all.

Had the strange people any thing to carry the turnips away with? - I saw nothing.

Mr. Knowlys. Did you deal with any particular person in Covent-garden, or with any person? - We sold them to any person.

Then these men were intrusted to sell them from the waggon? - No, they are always sold by the salesman.

EDWARD PURDY sworn.

I was with Mr. Taylor, and followed the waggon, and saw them unloading the goods; I laid hold of Buckland, by Mr. Taylor's orders, and helped take him to the watch-house.

BOTH GUILTY .

Imprisoned three months in Newgate , and whipped .

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

206. THOMAS TURNER was indicted for feloniously stealing, on the 7th of April , a pair of plated buckles, value 2 s.a steel watch-chain, value 12 d. two gilt seals, value 2 s. and two gilt watch-keys, value 6 d. the property of William Lee .

JAMES WILSON sworn.

I live with William Lee ; he lives at No. 71, Oxford-street : the prisoner at the bar came to look at some buckles, watch-seals, and plated knee-buckles: he then asked to look at some silver knee-buckles; and while I was turning to get them, the prisoner was gone: I ran after him, and came up with him, and found the things which he had approved of on him; I took them from him; they are the things I sorted out at his request.

Prisoner. I was very much in liquor.

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

GUILTY , (Aged 26.)

Imprisoned six months , and fined 1 s.

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

207. JOHN DUKE was indicted for feloniously and burglariously breaking and entering the dwelling-house of Thomas Margrave , about one in the night, and feloniously stealing therein twenty-four yards of Turkey gauze, value 25 s. the property of the said Thomas Margrave .

THOMAS MARGRAVE sworn.

I am a dresser and dyer of silk , in Goodman's-fields : the house was not broke open; it was taken from the factory, which adjoins it; a brick building, which abuts to one end, and actually joins it. The piece of gauze that I lost I saw before the magistrates at Guildhall on the 29th of March.

Did you know the gauze you saw there? - I did. There was a pane of glass broke of the factory; I did not see it the night before, nor the pane taken out, till after I returned from the City magistrates at Guild-hall: the room is a stoving room, where the goods are dried, and that room has glass windows, small panes; and one small pane was taken out, by which they could take away the piece of gauze.

Then you knew nothing of this burglary till after some days, when you was before the magistrate? - No.

What time do they go to work in this factory? - Sometimes at three, but never after five, in the morning; our regular hour of coming away is eight o'clock in the evening; they that belong to this room go away sometimes at seven, eight, or nine, especially this time of the year, when overwork is done: they are hung up here, on tenter-hooks, on one side of the window.

Is it not possible for a man, with a little ingenuity, in the day-time, to break a glass, while your people are at work, and yet they not see him? - They may.

JOHN NEWMAN sworn.

I am a constable: on Monday night, the 28th of March, about three o'clock, rather Tuesday morning, going round my walk, I observed the prisoner, in Grub-street, at a door, with a bundle under his arm; I asked him what he had got there; he said, some handkerchiefs; I asked him how he came by them; he said, he gave five shillings for them; I took from him this gauze, and took him to the watch-house, and gave the gauze to Elden; on Tuesday I took him before a magistrate.

Jury. Did the prisoner make any resistance? - No.

- ELDEN sworn.

I am constable of the night; I received the gauze of the last witness, who brought it to the watch-house, and have kept it ever since; I am sure that is the man he brought in with the gauze.

WILLIAM NEGUS sworn.

I was present when Newman took the prisoner with the gauze.

(The gauze produced, and deposed to by Mr. Margrave, who had but four pieces of that kind of goods.)

Was there any vacancy where this hung? - There was: this was the only piece hanging up; I had seen it there the preceding evening; I found it at the magistrates, with my mark upon it.

PRISONER's DEFENCE.

I came out of the country, and have a wife and four children; she has some friends living in Grub-street; I was coming home to Grub-street from the Borough, and on London-bridge a man asked me to buy this gauze, he asked me 10 s. 6 d. I told him I had not so much money in my pocket, I had but 5 s. I gave it him, and went to Grub-street; my wife was not there; I wanted to get a lodging, but could not; I saw an opening where I thought I might lie down there, where I went to sleep, and these people took me.

GUILTY (aged 22) of stealing only .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

208. JOHN SPARROW was indicted for feloniously stealing, on the 31st of March , one silver table spoon, value 10 s. the goods of David Thomas .

THOMAS HALL sworn.

I live with David Thomas ; he keeps St. George's coffee-house : I remember the prisoner being the box; he had a bason of mutton broth, and a silver spoon with it: he was not gone above three minutes, before I observed this plated one left.

ROBERT LONG sworn.

I am a waiter at George's coffee-house. On the 31st of March the prisoner came in, and asked me what soup I had: I told him; and he desired me to bring him a bason, which I did, and gave him a silver spoon to eat it with; I did not see him go away: I saw him at Bow-street the Saturday following.

GUILTY , (Aged 24.)

Transported for seven years .

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

209. GEORGE PAGE was indicted for feloniously stealing, on the 26th of February , two Bank notes, value 20 l. and three Bank notes, value 10 l. the property of John Brown .

He was indicted, in a second count, for feloniously stealing a ruled paper book with a leather cover, value 2 d. and a bill of exchange, value 20 l. bearing date Feb. 22, drawn by Ryley and Fowler on John Fenblaque , the said bill of exchange being the property of John Brown, and then due to him.

JOHN BROWN sworn.

Do you know the prisoner at the bar? - Yes; he was in my service on the 23d of February: I am a tea-dealer : I lost two 20 l. and three 10 l. Bank notes, and a bill of exchange drawn by Ryley and Fowler on John Fenblaque , esq; he lives in Great James-street, Bedford-row, No. 36: I ordered George Page to carry them to my bankers, Messrs. Hodsoll and Co.; they were not delivered; I did not see them for six days; I ordered them to go on the 23d of February; the boy did not return that day; I saw him again on the 26th, at the Rotation-office, Whitechapel, in custody; I had notified my loss at Sir Sampson Wright's office, and bills were posted up.

When you found him at Sir Sampson Wright's office, did you see any thing found upon him? - I did not.

GEORGE WITHERS sworn.

I keep a tavern in Goodman's-fields. On Thursday, the 24th of February, the prisoner at the bar, in company with another man, came into my house; after they had been about two hours, they asked the waiterto send in the master of the house; I went to them and asked them their business; the prisoner told me he had got some property to deliver into my hands, to take care of for him until morning; he gave me two twenty pound notes, and two tens: I know the name subscribed to the ten pound note, I know is Gethen; on the morning of the 25th, I delivered them to him again; they both stopped in my house that night; in the morning, upon their asking what was to pay, the waiter took in the bill, and they sent out one of the bank notes, which I changed, and took for the reckoning; in the course of the day they returned again, and they delivered me three notes and six guineas in cash, to keep for them until the morning; they staid in the house that night also; in the morning, a man who dresses my hair sent up to me, that he had something to communicate particularly; and he told me he had seen some handbills in the city, that gave a description of the person he had seen in the yard; I desired him to go and tear down one of the bills, and bring it to me, that I might compare it with the notes; while he was gone I fetched a constable and secured him. When the hair-dresser came back, we compared the numbers of the notes, and found them to be the same.

PRISONER's DEFENCE.

When I had these notes, I chanced to drop them going along, a man picked them up; I asked him for them, and he gave them to me, and looking at them I found one short, and I was afraid to go home.

GUILTY . (Aged 17.)

Transported for seven years .

Tried by the first Middlesex Jury before Lord Chief Justice KENYON.

210. SARAH BEAUMONT was indicted for feloniously stealing, on the 29th of March last, a brass kettle, value 18 d. and a bible, value 2 s. the property of Richard Goodman , the elder: a cotton gown, value 3 s. a child's cotton gown, value 18 d. a handkerchief, value 6 d. and other things, the property of Richard Goodman , the younger.

The prisoner was found with the property on her; she nursed the prosecutor, whose wife and daughter were dead in the house at the time.

GUILTY .

Whipped , and imprisoned twelve months .

Tried by the second Middlesex Jury before Lord Chief Justice KENYON.

211. MARY SMITH was indicted for feloniously stealing, on the 21st of February , two linen sheets, value 8 s. two curtains, value 8 s. a copper tea-kettle, value 18 d. the goods of Martha Cartwright , in a lodging-room .

MARTHA CARTWRIGHT sworn.

I live at No. 11, Steward's-rents, Great Wild-street ; I let the prisoner my back-parlour that joins to my front-parlour, where I dwell in; she was with me a week and a half, she came to me about the middle of February, and asked me for a room, and said it was for her sister; about two or three days afterwards she returned, and asked me if I had, and said that she was only joking with me in saying it was for her sister; and I let her the room; on the Saturday night sevennight following I found the room pretty nigh stripped; she told me the things were not gone, but only pulled down, and afterwards she told me the things were all in pawn, but she would get them out on Monday morning; I went to the door thinking to get my things safe, and get the key, but I saw her no more till one o'clock on Wednesday morning, when I went to her door, and asked for my rent; she said it was an unseasonable hour, and she would not answer me till the morrow; I found her thenlaying on the bed in her clothes, and no sheets, nor curtains, nor copper kettle was there, they were all gone: the pawnbroker has them here.

THOMAS ROBERT FORD sworn.

I produce two sheets and two curtains; they were pledged to me by the prisoner on the 21st and 22d of February; I had seen her several times before; I gave her four shillings upon the two curtains, one shilling and sixpence on one sheet, and one shilling on the other.

PRISONER's DEFENCE.

She gave me leave to pawn them; I told her I wanted to raise a little money, and I did not think it would be any hurt.

Court to prosecutor. Did you give her leave to pawn them? - On my oath I did not.

GUILTY .

Transported for seven years .

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

212. THOMAS ROGERS was indicted for feloniously stealing, on the 9th of April , six wooden chairs, value 21 s. the property of John Wright .

WILLIAM WILLIAMS sworn.

I live with the prosecutor John Wright ; I am a porter, Mr. Wright is an upholder and cabinet-maker , he lives at No. 40, Great Russell-street, Bloomsbury ; I went to fetch the chairs that morning from Mr. Bromley, a chair-maker, Hatton-wall, almost opposite Hatton-garden; I picked these chairs out, and tied them up, and took them home; my master helped me to pitch them; I left them between nine and ten o'clock in the morning, on the 9th of April, and I missed them about twelve.

JONATHAN AXTELL sworn.

I am a smith, I was out of employment. He came by, that is, the gentleman who stole the chairs. I live at No. 27, Tash-street, Gray's-Inn-lane; I saw the prisoner with the chairs on Saturday last, about ten or eleven o'clock, he had them upon his back, and set them down, and asked for a porter, and I carried them, after first borrowing a knot, into Hungerford-market, No. 7, under the Piazzas, and left the chairs, and went away. I am sure the prisoner is the man.

Do you know the chairs? - No.

Look at them? - These are such chairs as I carried; I can't swear to them.

THOMAS MORGAN sworn.

I keep a broker's shop in Hungerford-market; this young man Axtell, and the prisoner brought me some chairs; Axtell carried them, and the other man asked me to buy them; I did buy them, and gave twelve shillings for them.

(The chairs deposed to by William Williams .)

PRISONER's DEFENCE.

A man asked me to sell them for him, and told me I was not take less than twelve shillings for them; and going along I asked this young man to carry them for me.

GUILTY .

Transported for seven years .

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

213. JOSEPH PENN was indicted for feloniously stealing, on the 7th of April , a pewter quart pot, value 14 d. the property of Christopher Higgs .

CHRISTOPHER HIGGS sworn.

I am a publican at Whitechapel , I lost this pewter pot last Thursday sevennight, 7th of April, from off the tap-room table; I gad seen it there a little time before, and had given my boy a particular account of this Joseph Penn ; the prisoner was about the house that day; I missed it about three o'clock that day; I found it in his breeches, I let him go out of doors, but I followed him, and never let him go out of my sight; I brought him back, and there was a pot in his breeches; I know it to be my pot, I have lost nigh two dozen.

PRISONER's DEFENCE.

I am a poor man, I did not do it with an intent to take it away.

GUILTY, 10 d. (Aged 54.)

Whipped .

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

214. CHARLES TAYLOR was indicted, for that he, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the 20th of March last, did feloniously, willfully, and with malice aforethought, make an assault on Winifred his wife , with a certain razor, made of iron and steel, value 2 d. which he held in his right hand, and giving her three mortal wounds on the lower part of her belly, of the length of eight inches, and of the depth of two inches; and also a mortal wound on the wrist, of the length of two inches, and of the depth of one inch, of which said mortal wounds the said Winifred his wife did languish, and languishing did live, until the 21st of the same month, on which day she died .

He was indicted a second time for the like murder on the coroner's inquisition.

The case opened by Mr. Garrow.

GRACE JUNOR sworn.

I am wife of Daniel Junor ; I live in Hangman's Gangs, in St. Catherine's-lane, nigh St. Catherine's Church ; I have known the prisoner at the bar and his wife for these six years, or above; they were neighbours; on Sunday the 20th of March I heard an alarm, and walked down the alley, between nine and eleven, and saw the prisoner standing upon the side of his own door, and Me Thompson and Mr. Allans with him; the prisoner said, Mr. Thompson, the woman is dead, here I am, I resign myself up; I says, Mr. Thompson, do not you think it is fit some woman should go and see in what situation the woman is; I went up stairs half way; I said, I have got a good heart; but however says I to the man who was with me, Frank do you go up first; he went first, and I followed him. The first thing I saw was a razor laying on the bed; I says there is the instrument that hath done it; where is the woman. Frank turned round to the right-hand, to the bed, and says here she is; she was laying at the head of that bed on the floor. I went to her, and says, Mrs. Taylor, are you dead? my dear; she said no: I said I shall take a pillow, and put it under your head; she said, hold my head, Mrs. Junor; the people rushed into the room; she said hush, let me die easy and quiet; I repeated these words to the people, and said go fetch a surgeon for her; I lifted up her shift, and saw her bowels laying on the floor. Immediately one Surgeon Price came; as soon as he came in, he said, O the woman is a dead woman, there can be nothing done: says I, Mr. Price the woman is in a dismal situation; cannot she be moved off the floor? At this time her bowels were laying on the floor, her right arm almost cut off, and the other arm cut about the wrist, and the other parts of her body cut, and her thighs violently cut to the bone, about the middle: I said, you that have a good heart, stay in the room, and let the rest walk out, and let other assistance come in to help the woman on the bed. We got her on the bed, instantly Surgeon Cook came; he said, my dear Mrs. Taylor, as long as there is life there is hopes.

How soon after that did she die? - She lived all night sensible.

Do you think, from that appearance, that she was in a dying state? - Yes, she told us that she was sensible she was dying: I says to the deceased, would you have Mr. Baxter to pray over you? I sent for him, and the gates were shut, it was so late. I lookedround the room and found a bible, and read to her, that I might be of as much service as I possibly could to her. A gentlewoman, one Mrs. Man, came into the room, and said to her, how did it happen Mrs. Taylor? she said, we had a little drop of something hot, and went to bed, and there was agreeable together; and she said that she did all that lay in her power to please him in bed, when they were connected together; and he said that she could do nothing for him, for on the Friday night she had slipt out of the house, and she had lain with Mr. Walker; he turned his back to her, and she turned her back to him, and prayed that he might go to sleep, and thought that he was asleep: instantly he turned again, and what she told me his words were, I cannot remember; but she got out of bed, to jump out of the window.

Did she say why? - She might say why; but I cannot repeat the words she said; that he came with a penknife and cut her so; I said, my dear, it was a razor; no, she instantly said, it was a penknife. During the reading, I asked her if she would have a little drop of wine; she said, if my wounds were as found as my heart, I should live yet; give me a little drop. When Surgeon Cook came she said the same as she had said before to me. I staid with her till she died, she was sensible from that time till six in the morning, and about half after six she died.

Mr. Knapp, Prisoner's Counsel. You have been neighbours with the prisoner and the deceased some time? - Yes.

Had you been intimate with them for some time? - Never very intimate, any more than good morning or good evening.

You visited much? - Never, as I know of.

She said that her husband had accused with sleeping with Walker the night before? - Yes.

When they went to bed they were in very good friendship, they bid one another good night, and then turned round: how long do you understand it was that she laid between the time of his turning about, and the time that she got out of bed? - I cannot tell, I did not ask that question.

When you came first to the house, at the threshold of the door, without being asked, he said that his wife was dead, and that he would surrender himself? - He said, here I am, Mr. Thompson.

You do not know, as you have not visited the prisoner and his wife, what sort of a man he was before? - I have seen her with violent bruises.

Are you able to state, from what you know, whether the prisoner had been at all deranged in his senses? - Never, since he came into the parish, or into London.

Now the poor woman said, and you are sure she said, the wounds were made with a penknife; and when she spoke to Mr. Cooke, the surgeon, she likewise continued in the same story, and said it was done with a penknife? - She did.

MARY FRANCIS sworn.

I am a widow woman living in St. Catharine's; I have known the prisoner and his deceased wife five or six years. The deceased was a very sober, honest, industrious woman, worked very hard, was a good wife, and tender mother; I was setting up up with her the night she died: about one or two o'clock, while a person was reading by her, and she did not know I was in the room, she called out to me, Mrs. Francis, rub my feet, I am troubled with the cramp; after that we joined in prayer, and praying for the family, she desired me to stop, and wished me to come to her head, and told me, mind what I am going to say to you: I am crossing the water to Jordan, I am not crossing the water in a boat, but taking my steps minutely; I then asked her how the misfortune happened; then she began and told me how they had some words on Friday, that he beat her most cruelly, and she went out, and staid out all night; that she returned on Saturday to make it up, and in the afternoon he wanted to be agreeable, but she told him she could not yield directly to do as man and wife did, in the afternoon, but every thing was very agreeable, nothing passed amiss, they had their diet and tea together,and they supped at night, and they had a pint of two-penny, and made it hot; after that they read together, and went to bed, and had that together, which man and wife have together; and he grumbled because she was not altogether agreeable to his mind; afterward they turned back to back: she lay still for some minutes, he was grumbling; this while she said nothing: he put his hand outside the bed, and took a knife out of his pocket, and began to cut; after he had cut her, she got out of bed, to the foot of the children's bed, where they lay, to get them to cry out for assistance, and he followed her, and knocked her down; she got up, and got to the window to help herself, and then he knocked her down again, and cut those dismal wounds. After that he turned to go down stairs, and came down three stairs, and went back again to her, and asked her whether she was dead; she said she was not quite dead; he asked her if she would forgive him; she said she would forgive him, but there was a higher power to ask forgiveness of. He then said, as he had had his will of her, he would go down stairs and kill Walker, who lived next door, a man who is a very honest sober man, a good husband, and a tender father; she then desired on her death bed, that as her husband had taken her blood of her, some good Christian might see and take his.

How long after this conversation was it that the poor creature died? - She died at half after six, and this was about half after four; at a quarter before six the doctor came, and she said that she thought the doctor might give her a comfortable draught, as she seemed to want to go to sleep,

Mr. Knapp. When she talked about Jordan, did you think she was then in her perfect senses? - I did.

There had been some words, and the difference between them was perfectly settled? - Yes.

They had been as man and wife, and she had not given him satisfaction, and the prisoner grumbled, and then he put his hand out of bed, and took a knife and cut her? - Yes.

After he cut her he went out, and then returned again? - Yes.

So that there could not a moment elapse before he returned, and then he came round, and then he knocked her down? - No, Sir, you are wrong, he did all his execution before, and returned, and asked her if she would forgive him.

And then he said he would kill Mr. Walker? - Yes.

She mentioned all this to you after she had complained of a pain in her head? - She did.

There had been some ground of jealousy? I believe not.

At least the said he had charged her with it? - Yes, he had.

How long have you been acquainted with these neighbours? - Some time.

Have you visited together much? - No, only as a neighbour.

Mr. Garrow. Mrs. Francis, I suppose this woman used to go to meeting? - Yes, she did.

I suppose so, by this language of talking of going over the river Jordan? - Yes.

- PRICE sworn.

I am a surgeon. Between nine and ten, on the 20th of March, at night, I entered the room, and found the woman laying on the floor, with a blanket over her, and a pillow under her head. I turned the blanket aside, and the first thing that came to my view, was three-fourths of her bowels lay on the floor; on this, with the assistance of a couple of women I got her on the bed; I examined further, and found two wounds on the neck, about three or four inches long, and one on the wrist of the right arm, a mortal wound, because it had divided some of the arteries, and a large wound on the fleshy part of the left thigh, pretty near the body, six or seven inches long, and several other wounds, about nineteen in all: after I had been in the room about twenty minutes, I went home, as there was no prospect of my rendering her any assistance, so I gave it up as a forlorn case.

Had you any conversation with the woman?- She informed me that she and her husband had had a pint of hot before they went to bed, and they went to bed together, and had connection with each other; and after they had been in bed a few minutes, he began to be in a passion, and to curse and swear that he would be her butcher, and told her that such a person gave her more pleasure than he did: she informed him his suspicions were groundless, for she had been serving her maker all the day, for she had been bred to that from her cradle.

Did she tell you how she came by her wounds? - She did not.

- COOKE sworn.

I am a surgeon, I live in St. Catharine-street. I came into the room (being fetched by the person who took the man) to this woman, who I found laying on the bed. After the other person, Mr. Price, had left her, I examined her wounds, found her in a very bloody state from head to foot; I asked what was the cause of it; they told me it was done by the husband Taylor; the woman's bowels were laying out, I endeavoured to put them in; I was at least an hour employed in this; I found it ineffectual, and she begged she might die in peace. I saw it was to no purpose, for the wounds were such that she must die; I let her alone, from the wounds the abdominal large blood vessels were divided, which was the cause of her death. On her wrist I saw a large artery cut, which would have killed her; I then examined her from head to foot, and found upwards of twenty wounds; I then administered some wine to her, in order to preserve her life, to get from her the cause why this happened; I asked her particularly this, whether she provoked her husband to do this; she said by no means in the world, he was a base man, and had often threatened to do it. I said, Mrs. Taylor, I should have supposed the man to have been mad or insane, to commit such an outrage as he has on you: she said, now believe me, he is not any more insane or mad, no more than you. I told her she must die, and I was very sure her husband Taylor would be brought to justice; she said she hoped so: she said they had had something hot, and went to bed on Sunday evening, and when they were in bed, she turned her back, as was usual, to go to sleep, and thought he was asleep, and said that he took a penknife (which proved afterwards to be a razor) and cut her across the belly; that she got out of bed, in order to go to the children's bed, which was in the same room, to alarm them, but he got out after her, and knocked her down.

Was you present at the magistrate's? - I was, the last time he was examined.

Did you hear any thing he said there? - I heard him say that he had taken from God Almighty what he could not restore; he was guilty of the fact, and must die; and he did not care how soon.

Was any thing reduced to writing that he said before the magistrate? - Not that I recollect.

Did you either at that time, or any other, discover any derangement about the man? - I never did; I went down to the watch-house after I had left the woman; he had not then gone to prison, I had the curiosity to see if he was or not insane. I saw no symptoms of insanity about him; he seemed very much distressed in his mind, but never uttered any thing that led me to suspect he was insane.

Mr. Knapp. At the time you addressed yourself to the woman, you certainly entertained some idea that he was insane? - Before I saw him, I did; I said I should suppose within myself, that he should be insane to commit such an outrage.

Mr. Garrow. Then it was your comment on such a violent act? - That is all.

JOHN THOMPSON sworn.

I am an headborough. On Sunday night, March the 20th, I went to Taylor's house, he was standing at the door; the people told me that was the house, and that was the man. Mr. Thompson, says he, you may come in, it is over, my wife is dead. I immediately took hold of him; he says, youneed not take hold of me, I will not hurt any one; I ordered two men to lay hold of his hands; both his hands were all over blood; they took hold of him; I took a candle in my hand, and went up stairs, and there I saw his wife lying down on her right side, between the bed and the window.

Did you see any instrument? - Yes (two razors produced bloody), I found these two razors: I took him into custody, and took him to the watch-house; I thought his wife was dead: we had a surgeon there in about five or six minutes, and he said she was not fit to be moved: I took the prisoner in a coach to New-Prison: before we got to the watch-house, I asked him how he could do such a thing; he said, it would have vexed any man to have his wife out all night, and sleep with another man; and he said he was sorry she was not quite dead. After he was inside New-Prison, I told him I fancied he would never see his wife alive any more: he asked for some water; the keeper said, there was a water-cock, he might get some: we turned the cock, and he washed his hands, but did not drink any.

Mr. Garrow to Mrs. Francis. Where did you find that razor? - I went to stoop to take some things away, and it fell plump on me out of the window, close by the bed where the prisoner and his wife used to lay.

Mrs. Jones. The razor without the handle I saw laying on the bed.

ELIZABETH HUNT sworn.

On the Friday night preceding this affair I saw the deceased at my sister's house, and she slept with me at my lodgings; I went with her the next morning, between eight and nine o'clock, to her home; I saw the prisoner first, and told him his wife was very ill, and asked him to forgive her; he said, yes, he would; I went home with her myself, he shook hands with her before me, and said all was done with.

HANNAH MAN sworn.

I knew Mrs. Taylor: I went to her after she had received these wounds; I went into the room, and said, Where is the poor woman? They told me: I says to her, Mrs. Taylor, do you know me? She said, yes; says I, this is a very shocking circumstance, pray how did it happen? Says she, I will tell you: we were very agreeable all day, and we read in the Bible in the afternoon, and at night we had a little hot, and he was not satisfied with it, but wanted a little more; I said to him, we have had as much as we can afford; upon this, we went to bed very agreeably, and after a bit he fell a grumbling, and said, d - n your eyes, you b - , and then turned his back on me, and I was in hopes he was a going to sleep; and instead of which he was feeling in his pocket for a small knife; and he said, d - n your eyes, you b - , now I will dispatch you, and gave me a cut on my arm; but, says she, it may be I may live a little longer, as I have got a good heart.

Mr. Knapp There were some disputes about not having more liquor? - He wanted more.

So that there had been some dispute happen about it, and she told you then that he made use of those expressions you have described to the Court after they had been in bed? - The quarrel began a little while after they had been in bed.

However, he wanted more liquor? - Yes, he did.

Prisoner. I cannot remember any thing of what happened; my Lord, I do not remember any thing of it.

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

GUILTY , Death .

Mr. Recorder immediately passed sentence on the prisoner, to be executed on the Monday morning following, and anatomised, pursuant to the statute; which sentence was executed accordingly.

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

215. MARGARET RICHARDS was indicted for feloniously stealing, on the 24th of February , a pair of women's stays, value 20 s. two gowns, value 40 s. a muslin handkerchief, value 2 s. an umbrella, value 5 s. and other goods, the property of Margaret Pitt , in the dwelling-house of Richard Moody .

MARGARET PITT sworn.

I was a servant out of place, and took my clothes to Mr. Moody, to have them safe; I did not lodge there; Mr. Moody lives in New Bond-street ; I can only swear to my property.

RICHARD MOODY sworn.

I am a milkman, in New Bond-street; I know nothing of the loss, nor ever saw the things; I know the prisoner; she was my servant, and had been so seven weeks, all but three days; my wife and I, on the 24th of February, went out about five in the afternoon, and came back again about eight, and found the servant gone, and the place left open.

RICHARD LOVETT sworn.

I am an officer. In consequence of an information, I went to Lambeth, and found in the prisoner's room one gown, an umbrella, a muslin handkerchief, and an apron; and here are some other things, which I found in South Audley-street, where she had left them to be washed. (The things produced, and deposed to.) I also found a duplicate of a pair of stays.

A WITNESS sworn.

I am a servant to a pawnbroker; I have got a pair of stays, which I received from the prisoner on the 25th of February; I had known her before.

(The stays deposed to.)

Court to Margaret Pitt . Were all these things now produced left at Moody's house? - They were.

When? - Nine days before they were taken away.

GUILTY, 39 s. (Aged 19.)

Transported for seven years .

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

216. THOMAS RUSSELL and JONATHAN OAKES were severally indicted: Thomas Russell for feloniously stealing, on the 30th of March , two pair of cotton stockings, value 5 s. a muslin neck-cloth, value 2 s. 6 d. a pair of silver knee-buckles, value 12 d. a silver stock-buckle, value 2 s. a pair of corduroy breeches, value 12 d. a watch-chain, value 6 d. three gold rings, value 20 s. an oval case, value 6 d. four guineas and a half, and thirteen shillings, in money , the property of Robert Holmes ; and Jonathan Oakes for feloniously receiving part of the same goods, knowing them to be stolen .

ROBERT HOLMES sworn.

I rent a farm at Hanworth ; I lost these articles, some out of a bed-chamber, some out of one parlour, and some from another parlour, both below stairs; the money was in my bedchamber, close by my bedside, lost out of a box, which was locked, on the 30th of March, between seven and eight in the evening; my wife and I had been out a walking between two and three in the afternoon, and left Thomas Russell to take care of my house; he had been in my service about a month; his business was to clean knives, shoes, or any thing he was ordered to do : in the evening, when we came home, my wife missed the things; one of the witnesses has got the things now; I saw them the day after I missed them, in Mr. Moss's hands, in my own house.

MARY HOLMES sworn.

I am the wife of the last witness: I went out with my husband, and had seen the box and the things safe just before I went out; the box was left locked; I was out about two or three hours; when I returned, I went up stairs, and went to my box, and found it broke open; when I went to unlock it, I found it was forced, broke open by violence; there had been taken out of a purse in it four guineas and a half in gold, and thirteen shillings in silver; nothing else was taken out of the box; the other articles were all above stairs, which were lost, and which are mentioned in the indictment; they were all put in a drawer, in a dressing-table,except the stockings, breeches, and buckles, which were all in another drawer, left unlocked; and I believe the muslin neckcloth was in a foul-clothes basket.

When had you last seen the contents of the purse? - On Sunday, as this happened on a Wednesday: I cannot say justly when I saw the things in the parlour, as it is a drawer I did not frequent much; we have got the breeches, the stockings, and the silver stock-buckle, and the silver knee-buckle, the four guineas and a half in gold, the thirteen shillings, and the watch-chain, I believe it is all back, the three gold rings, the jewel-case, and the neckcloth; Francis Moss got them, and brought them to us.

FRANCIS MOSS sworn.

I am park-keeper to the Duke of St. Alban's; I went up to Mr. Holmes's on the 31st of March; they told me they had been robbed; Mr. Holmes and I, after some talk which would be the best way to find out the robbery, went down stairs, and called the boy into the house ( Thomas Russell ), and Mr. Holmes says to him, I have great reason to suspect you to be the person that hath robbed me; if you will give up my property, before I go and fetch a constable, I will let you go about your business: after that, the boy told me that he had hid them in the ground, and that they were towards the stable-door; and there we found them; the boy kicked them out of the ground along the foot-path, on Mr. Holmes's premises, about ten or twelve yards from the house; we found these two parcels of lead, one in each hole; in one parcel, three guineas, three gold rings, and a silver stock-buckle; and in the other parcel, the metal watch-chain, a guinea and a half, and thirteen shillings; these things were found by the direction of that boy.

JAMES ALLIMAN sworn.

I am a journeyman smith: I know no more than Mr. Moss has said; I was in the house while Mr. Moss and the boy went out.

JOHN STILES sworn.

I am a smith: Jonathan Oakes brought these pair of cotton stockings to me at my master's shop, and a muslin neckcloth; I do not know the day; he desired me to take care of them for him; Oakes works for the same master as I do, Mr. Seward, a blacksmith and farrier; he said his mother gave him the stockings; I have kept them ever since.

(The stockings and neckcloth deposed to.)

The gold ear-rings, valued at 21 s. the silver stock-buckle, worth 2 s. 6 d. watch-chain, worth 6 d. two pair of stockings, worth 5 s. a muslin neckcloth, worth 2 s. 6 d.

PRISONER RUSSELL.

I never saw this man before, nor was ever acquainted with him.

PRISONER OAKES.

I found these things going across the common.

Mr. Stiles gave him a good character.

THOMAS RUSSELL , (Aged 16,)

GUILTY, 39 s.

Transported for seven years .

JONATHAN OAKES , NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

217. JOHN ROSE was indicted for feloniously stealing, on the 12th of April , a piece of printed callico, containing twenty-eight yards, value 20 s. the goods of Thomas Clay .

- FIRMS sworn.

I live with Mr. Clay, a linen-draper , on Holborn-hill . On Tuesday last he lost a piece of printed cloth, tied in a bundle, and fastened to the door, to shew; I put it there myself; I saw the prisoner take it down in the afternoon, between two and four; I was in the shop, I saw him through the window; there was another with him; it was loosened before he took it away; I did not pursue him, but I saw him broughtback in a minute, with the property on him.

(The property produced, and deposed to.)

JOHN CRESWELL sworn.

I was in the shop, and pursued and took the prisoner; I never lost sight of him; I took him next door, with the property upon him.

Prisoner. I was passing along, and seeing the piece of cotton lay on the pavement, I picked it up.

The prisoner called two witnesses to his character.

GUILTY . (Aged 21.)

Transported for seven years .

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

218. PATRICK BOYLE was indicted for feloniously stealing, on the 12th of March , one guinea, and thirteen halfpence , the monies of William Spencer .

The indictment opened by Mr. Garrow.

MARTHA SPENCER sworn.

I am wife of William Spencer , at Horn-church: I deal in a little fish. On the 12th of March I came to Billingsgate, and asked, Who will have half-a-pot of mackarel? Patrick Boyle said he would have a pot and a half; accordingly we had some mackarel together, and went to a public-house, and there parted them, and had some gin and beer together; and coming out, and going along, I told him, if I could go to a gentleman's house, in New Bond-street, I could get rid of some; accordingly Patrick Boyle offered to shew me the way; and going along Cheapside, Patrick Boyle said to me, pointing to a coach, there is a man that I know, he will carry us very cheap; accordingly I got into the coach, and he told the coachman where to go to; I knew not the way myself; and when the coach stopped, Patrick Boyle took all the fish out of the coach, and went into a house; I followed him; he went up a pair of stairs front room; I went up, and asked for my fish; he immediately threw me down on the bed in a very rough manner, and behaved very indecent, and put his hand before my eyes: says I, you have picked my pocket; it is every farthing I have in the world: I had a guinea in gold, and thirteen shillings in silver: he kept me there about two hours, wanting to have carnal knowledge of me: he went out at last, and I followed him to Bow-street, to the sign of the Brown Bear , and there I told them that a man had picked my pocket, and I would follow him till I died. He went away: I cried out, stop thief! I said, is there no constable? John Atkins said, sit down; and said, the evening office would come on at six o'clock; and Atkins took him into custody, and went to Bow-street; and the money not being found upon him, it was put off till further examination.

Are you sure that you had this guinea and silver when you first went along with this man? - I am.

When you came down out of that room, are you sure it was not in? - I am.

Did you go at all into this house willingly with this man, or for any improper purpose? - I did not.

Prisoner's Counsel. You was perfectly sober at this time? - I was.

You had been drinking together? - We had a pint of beer, and a quartern of gin.

You are a married woman? - I am.

Of course then your having been found in such a place, it is necessary you should give such reasons as you have mentioned, to satisfy your husband; you say there was an attempt to commit a rape? - There was.

He threw you down on the bed, and there was a very long struggle? - I was kept on the bed two hours before he would let me out.

You found no money on him? - I did not.

Did you call out? - I did; I cried out, murder! several times, and even told him I would forgive him all, if he would let me out.

Upon your oath, did not you go into a public-house with him in that neighbourhood? - He ran into a public-house, and called for a pint of porter; I followed him, and said I would have a constable before I left him.

This man did not attempt to run away, by your own account? - He did not.

Where was you going at this time? - To a 'squire's, in Bond-street.

Can you tell me the name of that esquire? - Esquire Lake.

Was this room you and he were in on a ground-floor or no? - It was up one pair of stairs.

Now, upon the whole, can you be certain that the money might not have dropped upon the bed? - He took it out of my pocket; and if it was dropped, it was dropped by him.

You said you offered to forgive him? - I did, if he would let me go; I said so, because I was afraid of my life.

Mr. Garrow. You finding yourself in a bawdy-house, you told him you would forgive him? - I did.

The gentleman has asked you whether it was not necessary for you to make up such a story, to please your husband: Could your husband know any thing of it but from your ownself? - No, he could not.

THOMAS HIDE sworn.

I am a servant to Sir John Lake; he lives in New Bond-street.

Do you know the woman that has been giving evidence? - I do; she serves our house with fish.

JOHN ATKINS sworn.

On the 12th of March, I was coming up Bow-street, and heard some words, and this man and woman were there, and the woman was asking if there was no one to take charge of the man that had robbed her; he was so drunk, I thought proper to keep him till six o'clock in the evening, when Mr. Bond desired me to find this place that the woman spoke of; I went with her to a bawdy-house in Church-lane; but the old bawd would not come down.

Prisoner's Counsel. You have said that the prisoner was very much in liquor? - He was.

What money did you find on him? - About three shillings and sixpence.

You found no guinea? - No.

In what state was the prosecutrix? - I cannot tell: she seemed very much agitated; she said she had had some gin and some beer, and had been in a coach, with the prisoner; and said, if he would have given her the guinea, she would go about her business.

Then you cannot tell whether this agitation was from the hurry she was in or from liquor? - No.

PRISONER's DEFENCE.

I met with this woman at Billingsgate: we had a quartern of gin, and three or four pints of beer with half-a-quartern of gin in each: after we had parted the mackarel, we took a coach in Cheapside to Drury-lane, and I paid the coachman eighteen-pence; then we went into a house together, and were there for two or three hours; and when she came down stairs, she said she had lost her money, and that she would follow me, which she did, to Bow-street, where the clerk desired me to go about my business, and not take any notice of the drunken woman: on this I went into the house, and she followed me, and said that I had robbed her; and so I was stopped till I went before the justice: there was a girl of the town with her, that desired her to swear a rape against me; she mentioned it so in my presence: that is the whole truth.

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

GUILTY , (Aged 30.)

Imprisoned six months , and fined 1 s.

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

219. DAVID SIMPSON was indicted for feloniously stealing, on the 4th of March ,one printed book, value 18 d. two printed books, value 8 s. and eleven other printed books, value 11 s. 6 d. the property of James Lackington .

JAMES LACKINGTON sworn.

I am a bookseller in Chiswell-street . On the 26th of March I was sent for by Justice Triquett, who produced a book to me, and asked me if it was mine; I told him it was. I then went home, and told my head assistant that there were a thief or thieves in the shop, and desired to give a sharp look out.

MICHAEL SCALES sworn.

I live with Mr. Lackington. On the 3d of March last, in the morning, Mr. Lackington told me that he had very just cause to suspect that he had a thief or thieves in his shop, and desired that I would give a sharp look-out. In the afternoon I saw some books in the pocket of the prisoner at the bar, he was an assistant of Mr. Lackington's; I did not just then detect him, but endeavoured to satisfy myself more fully, whether they were books or no: I then informed one of my shopmates, says I, David Simpson has got books in his pocket, I apprehend he means to steal them: after this he was going out with a parcel or parcels to two different inns, and I might mention that we send a book with these parcels, to have a memorandum put down where they are delivered, and when, and by whom. When David Simpson had got the parcels on his head, I asked him why he did not put this book into his pocket; and I says, David, if you will take these books out of your pocket, then you may put that book in: it confounded him, he was then in the first part of the shop, before two or three of the servants; he ran from that part through a second part, into a third part, where it was dark, and there he lowered his parcel. I followed him close with a candle; now, says I, David, please to give me those books out of your pocket: he gave me one; I said, give me the other; he gave it me: the books are here, they are Robinson Crusoe , two volumes. I told him it had a very bad look, and that he was not a proper person for Mr. Lackington's service at all; nevertheless I let him take the parcels and the books along with him; but I was a little uneasy, lest he should not deliver that parcel, and so no more passed on that occasion until the next morning, when Mr. Lackington came to town, when he ordered the constable to take him into custody immediately.

Do you know them to be Mr. Lackington's books? - I do; here is Mr. Lackington's marks.

Do you know where these books were taken from? - These were in that division of the shop where David was employed, for the purpose of sticking the papers on, as I think.

What did he say on all this? - That he took them to read, and would bring them again the next morning; but that is a practice entirely contrary to Mr. Lackington's shop, unless they inform me of it.

JOHN HIGHAM (a blind man) sworn.

I keep a bookseller's shop, No. 159, St. John-street, Clerkenwell. On Saturday February the 26th, David Simpson , the prisoner at the bar, came to my shop, and asked me if I would buy a book.

How do you know it was the prisoner? - He had been at my shop very frequently; I knew him perfectly by his voice. On March the 2d he came again, and I was not at home, I had suspicions the books he brought were stolen, so I ordered my wife to detain him, she did; and I came home about eight o'clock; my wife told me that David Simpson was within, I desired my young man to watch him. When I came up to him, he asked me if I would buy Robertson's History of Scotland, and asked me half a guinea; I told him they were books I did not much care for, I would give him five shillings; he said if I would not give him six, I should not have them: I told him I would give no more; so he said I must have them; on which I gave him the money. Knowing that I had bought them much under the value, the next morning I carried themto Justice Triquett's, and told him that I believed them to be Mr. Lackington's; on that information he was taken up.

PRISONER's DEFENCE.

I had a shop myself in Chancery-lane, and I was failing, and rather distressed for a little money. They are my own books, and I sold them.

Mr. Lackington. I swear these books, now produced, to have been in my possession at the time I took him into my service, which was on the 21st of February.

How long had he been employed by you? - Ten days only.

GUILTY . (Aged 22.)

Transported for seven years .

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

220. JOHN RICHARD PATRICK was indicted for feloniously stealing, on the 31st of March , five silver tea-spoons, value 4 s. a silver sugar-tongs, value 12 d. the goods of Isaac Elsgood .

SARAH ELSGOOD sworn.

I am the wife of Isaac Elsgood . My husband is a cooper . On the 31st of March, Thursday, I lost the teaspoons and sugar-tongs: another man and the prisoner came into my shop, and asked for a dozen of apples; I was afraid of them by their looks, I went just on one e to get what they wanted, and coming back I looked up, and missed the tea-spoons and sugar-tongs; I charged the prisoner with it before he went out of my house; he went out, and was pursued, and brought back, and was flinging them out of his pocket before they touched him.

JOSEPH RAMSDELL sworn.

I was coming from the mill, and met the prisoner, and saw him throw the spoons out of his pocket on the ground, about fifteen rods from Mr. Elsgood's house. I did not know what they were, till I saw them picked up, four silver spoons, and a pair of silver tea-tongs, all loose: he run, I did not see him taken.

WILLIAM GILL sworn.

On the 31st of March I heard an alarm, and went out and heard Mrs. Elsgood making a cry out that she had been robbed: I stopped the prisoner.

(The spoons produced and deposed to.)

PRISONER's DEFENCE.

This gentlewoman said, when I was taken, that she would let me go, for she could not say I had taken the things, as there was another lad in the place.

The prisoner called four witnesses to his character.

GUILTY . (Aged 20.)

Transported for seven years .

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

221. ELEANOR COLLINS was indicted for feloniously stealing, on the 31st of March , sixteen yards of linen, value 20 s. the goods of George Robinson .

RICHARD LEADBETTER sworn.

I am a servant to Mr. George Robinson . On the 31st of March, Thursday, between three and four o'clock, in the afternoon, I, in consequence of information from Mr. Robinson to look at the prisoner, I cast my eyes towards her, and saw one piece of lawn fall to the ground loose, from underneath her cloak, towards her left side, and the other piece of lawn I saw her attempt to lay upon some goods as she was going out; it fell to the ground at the same time: I stopped her in the shop, she begged my pardon, and said she did not intend to take it. Thetwo pieces together made, one about ten yards, and the other seven yards and an half.

Mr. Garrow. The woman had bought some linen and paid for it? - She had bought two yards.

Several other people were in the shop at the time? - I believe there might be six or eight.

A large shop, is it not? - It is a largish shop.

THOMAS MEEPLES sworn.

I am servant to Mr. Robinson; I served the prisoner with two yards of lawn, and she paid for it; at the time she was served there were several other pieces on the counter: as she was going out, I saw one piece of lawn drop from her left side, and I saw her lay another piece at her right hand side. Mr. Leadbetter took the gauze into his care.

(The gauze produced and deposed to by the marks, and having the very goods in the wrapper before.)

PRISONER's DEFENCE.

I am as innocent as a child unborn; I never was accused of a halfpenny worth of the kind in all my born days.

The prisoner called seven witnesses to her character.

GUILTY . (Aged 25)

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

222. GEORGE BROADHEAD was indicted for obtaining on the 14th of March , twelve pair of men's black stockings, value 42 s. by false pretences , the property of William Mee .

JOHN SOUTH sworn.

I am apprentice to Mr. William Mee . The prisoner came for some men's black on the 14th of last March, between six and seven in the evening; I shewed him about two dozen; he said he wanted some men's black, meaning men's black worsted stockings: he then pitched upon one dozen; I went to make out a bill, and I asked him whether they were for Mess. Holland, and Co. he said yes. I then made out a bill of parcels in that name: he asked for some other articles which I had not got. He has lived at Mess. Holland, and Co. to my knowledge, as a servant.

Prisoner's Counsel. Was any body with you in the shop when the defendant came? - No.

I believe it was not till you came to make out the bill of parcels, that the name of Mess. Hollands was mentioned? - It was not.

So that he had got the stockings in his possession, before he said any thing to you of Mess. Hollands? - It was at the time when I asked him whether I was to make it out in the name of Holland, and I thought he lived at Mr. Holland's.

Court. These stockings were not paid for at all? - They were not.

You had not delivered them to him till you had made out the bill of parcels for Mess. Holland? - No.

Would you have delivered him the stockings if they had not been for Mess. Hollands? - I should not without the money.

JOHN HOLLAND sworn.

I deal with Mess. Mee and Evans.

Did you send the prisoner to get any men's black on the 14th of last March? - No; all that he did at this time was without my knowledge.

What is the firm of your house? - Henry Holland , George Holland , Charles Waistell , and William Orton . I live in High Holborn.

Prisoner's Counsel. When did the prisoner live in your service? - He went away the 29th of January last.

WILLIAM MEE sworn.

South is my apprentice, I but know nothing of the transaction.

ROBERT NEWMAN sworn.

I am a constable; I apprehended the prisoner the 19th of last month; I found twelve duplicates, some of which led to the stockings in question. The pawnbroker has them.

WILLIAM WAKETON sworn.

I am a servant to Alexander Pearce , pawnbroker. (The duplicates deposed to.) I produce the stockings; I am certain the prisoner is the man I took them off.

(The stockings deposed to by the paper.)

Prisoner's Counsel. I believe he hath been in better circumstances? - He has; but he has unhappily got into habits of drinking, and that has brought him to what he is now.

GUILTY .

Whipped and imprisoned twelve months .

Tried by the London Jury before Mr. RECORDER.

223. REUBEN THOMAS CRAVEN was indicted for obtaining twenty-five pounds weight of isinglass, value 8 l. on the 19th of December , by false pretences , the property of Godfrey Sykes .

FRANCIS GRAFTON sworn.

I am servant to Mr. Godfrey Sykes . On the 16th of December the prisoner came to me, and said he wanted twenty-five pounds net of long staple isinglass; I said very well: I asked if he had an order; he produced it.

(The order read.)

"Sir, send the twenty-five pounds net

"isinglass, L. S. ordered last night. Signed

"H. Edwards, and Co."

Mr. Edwards keeps a druggist's shop in Ratcliffe-highway: I know not the firm of the house, I asked him to sign his name; he said his name was John Clarke , he could not write, in consequence I delivered to him the isinglass.

Are you sure that order you produce is the order he gave you? - I am; I wrote upon it, delivered to John Clarke .

Are you certain that you understood, that this Edwards, and Co. was the Edwards in Ratcliffe-highway? - I am, because he was a customer of ours.

HOWSON EDWARDS sworn.

My partner's name is John Rutherford , Ratcliffe-highway; I deal with Mr. Sykes in Lombard-street, I know the prisoner, and have known him above these twenty years. I did not send him on the 16th of December to Mr. Sykes, he left me the August before, and had been my servant ten months.

PRISONER's DEFENCE.

I never received any isinglass of Mr. Sykes, or any servant of his, nor was I ever there for isinglass. Mr. Grafton knew myname to be Craven for some years, when I was in business for myself.

GUILTY . (Aged 36.)

Whipped , and imprisoned twelve months .

Tried the London Jury before Mr. RECORDER.

224. HENRY PROSSER was indicted for uttering a bad shilling , on Friday, the 17th of December , knowing it to be such, to Mary the wife of William Blaker : and further charging him with having about him, another counterfeit shilling, knowing it to be so.

WILLIAM BLAKER sworn.

I keep the Rainbow Coffee-house, Fleet-street , I know the prisoner very well; he was at my house on the 17th, a little before twelve; he came with one Basnet and another man I do not know. After they had called for a pot of beer, they sent out for some meat; after they had some more beer and some gin, the reckoning came to one shilling and eight-pence: when they called for their reckoning to be settled, Prosser said Basnet should pay; Basnet said he should pay: says Prosser I have no silver; says Basnet, I have none; then how shall we pay the reckoning? You must change one of these guineas: says he, I will. Basnet says to me, give the change for this guinea: Prosser starts up and says, no, Mr. Blaker shall not give change, I will give change: I gave the guinea to Prosser, and Prosser gave Basnet all shillings, except half a crown; and Basnet looks at them in his hand, and says, I think there are some here not very good, and hands two of them to me: says he, do you like those shillings for the reckoning? I said they are not good, and returned them. He turns to Prosser again, and says, the landlord will not take this money. Basnet says, here is more bad, I dare say, look at it; and he gave them to me to look at; and there was ten bad, all strait together; and then he gave me the rest of the change together, among which was two more bad shillings, and a bad half crown: says Prosser, do not make any words, give me my money back. Basnet gave it him all back, and Prosser gave me eighteen-pence in good silver for the reckoning: says I, there is two-pence more to pay, which they paid after a little dispute; a gentleman sitting by followed me, and says, Mr. Blaker, those are bad people; I sent for a constable, and told my wife to get change for half a guinea.

Mr. Beth. Pray were these people that came to your house at any sort of gaming diversion? - No.

Was there any quarrel between you and Prosser? - Yes, there had been, but it was about bad money.

MARY BLAKER sworn.

I am the wife of William Blaker . On the 17th of December I asked the prisoner for change of half a guinea; and he gave me ten shillings and a sixpenny piece; I examined it immediately, there were two bad shillings, very bad; on my complaint, he gave me two more equally bad: I did not return the two first, I gave them to my husband, and I saw him mark them. (The four shillings produced.) Here are two with them, taken out of Prosser's pocket afterwards; six in all.

(The shillings shewn to Mr. Blaker, and deposed to by his marking of them himself, and having them in his possession ever since.)

Mr. Beth. What did you put this mark on with? - With a knife.

Where have you had them all this time? - Locked up in my own bureau.

How long have they been out of your possession? - They may have been out of my hands two minutes, while they were looked at, at the Justice's.

JONATHAN BARNES sworn.

I was a constable at this time. I was calledto this house, and found two bad shillings in the prisoner's right-hand pocket, and in a pocket book five or six more, each parcel mixed with some good which I returned to him.

Court to Blaker. Had the prisoner been out of the house, between the first transaction and the second? - No, he had not.

SARAH PHILLIPS sworn.

I was a servant to Mr. Prosser: he keeps a chandler's shop in Newtoner's lane, Drury-lane, and for some time before this his wife was ill; she is since dead, and I took the money in the shop. I remember taking several shillings and six-pences many times in change, and my master has scolded me when he has come home, finding some of them bad. I have taken three pounds worth of silver in a day: but what could I do? my mistress was ill, and I had to attend her and the shop both. (An half crown produced.) I will swear to taking this half crown, I took it for a bushel of coal in the evening.

I suppose after your master gave you such hints, you did not take so much, but was more carefull? - Yes, I was.

Mr. Knowlys, Counsel for the Prosecution, What sort of an half crown was that you took? - It was plain on one side, and a faint head on the other.

When was it you took it? - Some time back, in January, about three weeks before my master was taken up.

When did your master take it out of the till? - The morning he was taken up, he took it out with a quantity of silver.

When was you first called upon to speak to this half crown? - Nobody at all has called upon me.

Who told you, you should see this half crown here? - His wife that is dead and gone did.

How came you to say then, nobody had spoke to you at all.

GUILTY on both counts.

To be imprisoned one year in Newgate , and find security for two years .

Tried by the first London Jury before Mr. RECORDER.

225. HENRY SALISBURY was indicted for hindering, opposing and obstructing Thomas Kingsford , the elder, on the 22d of April , at Stoke Demerell, in the county of Devon , while he was on shore, and in the due execution of his office and duty, in seizing and securing, to and for the use of our Lord the King, six gallons of spirituous liquors .

A second count, charging him with making an assault on the same occasion: and a third count, for unlawfully hindering.

(The case opened by Mr. Attorney General.)

THOMAS KINGFORD sworn.

I am an excise officer . On the 23d of April, 1785, I was at Plymouth Dock; I expected smugglers over the water, between twelve and one, twelve or fourteen came over in a boat: my son, James Taylor, Thomas Maynes , and myself, were together. They landed their kegs, and went up with them, and we after them: we came up to the hinder men, and some threw down their kegs, and the rest turned back, and some of them struck me. The prisoner struck me with a large bludgeon on the head, and I was covered with blood, I had my leg smashed all to pieces, the bones were obliged to be taken out: I had known this man, the prisoner, some years, he had been employed as a porter, and I am quite certain he is one of the persons.

Court. Pray what sort of a night? - Clear enough; it was not dark.

Have you seen the prisoner since that time? - Not till now.

THOMAS BREWER sworn.

I am a seaman on board the Union. I know the prisoner, I saw the prisoner at thisplace, and in the first place I saw him with a keg between his legs, and a stick in his hand, at the corner of the Highland House. I saw him strike a blow at young Kingsford; I am quite sure that the prisoner at the bar is the person, I have known him some years, and saw him about a twelvemonth ago.

THOMAS KINGSFORD , the younger, sworn.

I was at my father's assistance at the time now spoken of. We made a seizure of an anchor of runned geneva; the prisoner at the bar in consequence had a stick; he made a back-handed blow at me with a bludgeon. I am certain he is one of the party of the smugglers; they forced me to fly.

THOMAS MILES sworn.

I was the waterman that brought over all the smugglers, the prisoner was one, he was provided with a bludgeon the same as the rest. After they went up with the kegs, the officers pursued them; I stood by Mr. Kingsford, they took hold of some of the kegs, and some went up James-street, and some round Highland House. I heard Mr. Kingsford cry out, my leg is broke; and afterwards I heard some of them say, we will murder some of you. I went then towards home after that: I am sure Salisbury was there, I saw him the next day about ten o'clock, and he advised me to go home with him, and said, if in case I was taken up they would allow me subsistence, and I went with them to Guernsey.

PRISONER's DEFENCE.

I did not belong to the smugglers, I was at the water-side, and wanted to go over, and they gave me a passage. I can say nothing to the charge in the indictment.

GUILTY .

Two years hard labour on the River Thames .

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

Received his Majesty's pardon on condition of their being transported for the term of their natural lives; Charles Alden , George Cocke , Daniel Buckridge , Neal Macmullein , Thomas Pointer , Ann King , and William Smith , capital convicts Also Mary Rhodes , on condition of being imprisoned six months

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

Received Sentence of Death, 13, viz.

Allett, George - 149

Cawsey, Thomas - 171

Chaseland, Thomas - 155

Collier, Elisha - 172

Druce, William - 150

Jones, Robert - 156

Jones, William - 154

Kelsey, James - 160

Pritchard, Edward - 162

Ryan, John - 151

Sharpe, Jane - 172

Smith, John - 152

Taylor, Charles - 214

To be transported for Fourteen Years, 1, viz.

Joseph Yostus - 158

To be transported for Seven Years, 40, viz.

Angus, James - 146

Beale, James - 200

Beale, Charles - 200

Belasca, John - 161

Bowers, Jeremiah - 145

Chapman, William - 183

Collins, Eleanor - 221

Duke, John - 207

Evans, James - 166

Fisher, Hannah - 203

Glister, William - 184

Harcombe, Robert - 200

Hayman, Richard - 167

Hanson, John - 168

Holt, James - 147

Hughes, John - 169

Johnson, John - 175

Lynch, Mary - 164

Mackenzie, Thomas, alias John 178

Moss, John - 201

Margray, Jane - 203

Newland, Ann - 177

Page, George - 209

Patrick, John Richard - 220

Perkins, Samuel - 179

Pritchard, James Tomlins - 182

Pybus, John - 180

Regus, Isaac - 153

Richards, Margaret - 215

Rogers, Thomas - 212

Rose, John - 217

Rowland, John - 170

Russel, Thomas - 216

Simmons, Charles - 173

Simmons, John - 144

Simpson, David - 219

Smith, Mary - 211

Smith, John - 148

Sparrow, John - 208

Watson, Alexander - 180

Wright, Thomas - 147

Two Years Hard Labour on the River Thames, 1, viz.

Henry Salisbury .

To be fined 1 s. and imprisoned Twelve Months, 2 viz.

Ann Wood , Robert Smith .

To be whipped, and imprisoned Twelve Months, 4 viz.

George Broadhead , Reuben Thomas Craven , Thomas Stringer, and Sarah Beaumont .

To be whipped and imprisoned Six Months. 1, viz.

John Porter .

To be imprisoned Six Months, and fined 1 s. 4 viz.

William Cordell , William Watkins John Lewis Jenkins , Thomas Turner , and Patrick Boyle .

To be whipped, and imprisoned Three Months. 2 viz.

John Waddie , and James Buckland .

To be imprisoned three Months, and fined 1 s. 4 viz.

John Mills , Ann Smith , John Hill, and John Robinson .

Received his Majesty's pardon on condition of their being transported for the term of their natural lives; Charles Alden , George Cocke , Daniel Buckridge , Neal Macmullein , Thomas Pointer , Ann King , and William Smith , capital convicts - Also Mary Rhodes , on condition of being imprisoned six months .