Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 19 April 2014), December 1791 (17911207).

Old Bailey Proceedings, 7th December 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 7th of DECEMBER, 1791, and the following Days;

Being the FIRST SESSION in the Mayoralty of The Right Honourable John Hopkins , LORD MAYOR OF THE CITY OF LONDON,

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

NUMBER I. PART I.

LONDON:

Printed for E. HODGSON (the Proprietor); And Sold by J. DALBY, No. 22, Fetter-lane; opposite Rolls-buildings; Also by J. WALMSLAY, No. 35, Chancery Lane; and S. BLADON, No. 13, Pater-noster Row.

MDCCXCI.

N. B. Letters and Messages for Mr. Hodgson, left at No. 22, Fetter-Lane, will be instantly attended to.

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 HOPKINS , LORD MAYOR of the City of London; the Honourable Sir RICHARD PERRYN , and the Honourable Sir ALEXANDER THOMPSON , two of the Barons of his Majesty's Court of Exchequer; Sir JOHN WILLIAM ROSE, Serjeant at Law, Recorder of the said City; JOHN SILVESTER , Esq. Common Serjeant of the said City; and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

First Middlesex Jury.

Edward Berry

Thomas Wallace

James Bundy

Edward Gwynn

Thomas Gleaves

William Wright

John Mabberly

Joseph Snuggs

Joseph Corbyn

John Vigurs

Andrew Shabner

Thomas Wilkinson

Second Middlesex Jury.

Daniel Wilshen

Thomas Green

Lewis Gieler

Thomas Ellis

Barnard Baker

Jacob Roberts

Peter Vincent

Jonathan Hitchen

William Flemming

William Williams

George Downing

Charles Rymer

London Jury.

William Sharp

Bilton Metcalfe

Joseph Scott

John Boozey

Thomas Wilkinson

John Pope

William Peacock

Aaron Baker

Edward Cave

William Talbot

Percival Nicholls

Joseph Shakespeare

1. JOHN AUSTIN was indicted for feloniously breaking and entering the dwelling-house of Robert Archer , in the day-time, one John Keys being therein, and stealing therein one metal watch, value 20 s. and a ditto, value 10 s. a pair of silvershoe-buckles, value 4 s. a stone breast-buckle, value 1 s. and 5 l. in money numbered, the property of Mary Hughes , in the said dwelling-house .

MARY HUGHES sworn.

I am a widow ; I live in Leather-lane ; I went out on Sunday, the 2d of October ; it was past three; I returned before five. I put the key into my door, and I found it open; it was a one-pair of stairs. I am a lodger; the landlord lives in the house; his name is Robert Archer; my brother and his wife were with me. There did not appear any violence. I said, my door is open; and directly I said so, the prisoner looked at me from behind the door in the front room. I screamed out, and ran down stairs. My brother and his wife went into the room. I went to the publick house, and the landlord came with me. I cannot say whether Keys was in the house. I locked my door safe when I went out; I did not leave any body in my apartment when I went out; I do not know that any body was in the house; I am quite certain I locked the door. The things were all in one set of drawers, which I locked; but I found them open on my return with the landlord. There did not appear to be any violence done to them; the things were all found in his pocket. The value of the goods I am not a judge of.

Mr. Garrow, Prisoner's Counsel. There are other persons live in the house? - Yes.

They have keys to let themselves in? - Yes.

JOSEPH TAYLOR sworn.

I am a shoemaker. On the day of the robbery I had been walking, and returned home with my sister. She put the key in the door, and it flew open; Mrs. Hughes screamed, and ran down stairs. My wife and I went into the room; as soon as I went in I saw the prisoner, not before; I saw him behind the door; my wife screamed out on seeing him, and said, Oh, you thief! I seized him; the things were taken, from him, and delivered to me, and I have kept them ever since. (Produces the things.) John Keys , I think, was in the house. He acknowledged all the things to be our's, except 1 s. of his own.

Mr. Garrow. You saw Keys come down after you went in, but you cannot say whether he was in the house before? - No.

MARY TAYLOR sworn.

I had been out on the Sunday; when we returned, my sister said, the door is open; she screamed out, and ran down stairs; and I went in with my husband, and saw the prisoner in an easy chair. We held him a few minutes. I was going then to look for my sister. He tussled with my husband, and they fell. He was searched, and I saw the shagreen watch taken from him, and a pair of silver shoe-buckles.

THOMAS RAY sworn.

I keep a publick house. About four or five o'clock of the Sunday afternoon, I went up stairs to her apartment, and found the prisoner struggling with the brother and his wife to get away from them. I pushed him back into the room; I put my hand into his pocket, and found a watch and a picklock key; there were several things taken from him. (Deposes to the articles.)

Mrs. Hughes deposes to the property. The watch I have had three years; it is worth 20 s. the other is worth 10 s. the silver buckles 4 s. stone breast buckle 1 s. thimble, three plain silver sleeve buttons 6 d. child's bell and wire ring, I put no value on these things.

GUILTY , Death . (Aged 19.)

Tried by the first Middlesex Jury before Mr. RECORDER.

2. MORGAN LEWIS was indicted for feloniously stealing, on the 16th day of September last, two remnants of callico, value 2 s. and other things , the property of Henry Small and Edward Madgwick .

Mr. Garrow opened the case.

HEMRY SMALL sworn.

I live in Tavistock-street ; my partner's name is Edward Madgwick . The prisoner came to live with us on the 1st of March, and staid till the 29th of September. I heard the prisoner was stopped at a pawnbroker's, in Whitechapel; there were five yards and a quarter of printed callico; I searched his box on the 29th; the box was locked; the prisoner was present, he gave me the key; I found these two remnants of callico: they are marked Q. C. it is our private mark. The callico is our's, and may be worth 2 s. a small remnant of Irish. I found a key in his box. I went to Mr. White's chambers, in Lincoln's Inn, from some suspicion I had, and also from some information I had received, and found some property in a drawer.

Mr. FRANCIS sworn.

The prisoner at the bar offered this remnant of callico to pledge. I stopped him.

Mr. LANE sworn.

I received this pledge from Joseph Dean .

JAMES VINCENT sworn.

I am a pawnbroker. I received these things from Joseph Dean .

Joseph Dean . I received these from Mary Lewis .

Mary Lewis . I received these things from Morgan Lewis.

(Prosecutor deposes to the goods.)

PRISONER's DEFENCE.

There is a person here who was present when I bought some of these articles laid to my charge.

HENRY WILLIAMS sworn.

I am a barrister at law, the prisoner was my servant ; he was very honest during the time he lived with me.

Thomas Williams also gave the prisoner a good character.

GUILTY, value 2 s

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

[Imprisonment. See summary.]

3. JAMES WILSON was indicted for feloniously stealing, on the 22d of October last, one miniature picture, value 15 s. and divers other things , the property of - Shelley .

Mr. SHELLEY sworn.

I live in Henrietta street ; I am a miniature painter . The prisoner was my servant ; he came to live with me in October last. On Friday the 28th of October Mr. Bond sent to me. I went to the office in Bow-street; I there saw a miniature picture, set in gold, my property. I had not missed this picture before; my pictures were put into a box on account of repairing the house. Mr. Heather stopped the prisoner.

THOMAS KIMBER sworn.

I am servant to Mr. Heather; he is ill, and unable to attend. This young man brought the picture into our shop on the 28th of October. He asked to exchange it for a pin. Mr. Heather thought he did not come honestly by it, and sent for a constable. The prisoner said, a young woman gave it him for a pin. (Produces the picture.) Mr. Heather delivered the picture to me. I am sure this is the picture the prisoner offered.

STEPHEN LAVENDER sworn.

I am a patrole; I searched the prisoner in Heather's shop, and found a small magnifying glass and a shilling. I went with Mr. Shelley to his house, and searched the prisoner's box, Mr. Shelley was present, I found a shirt and two neck handkerchiefs; they are here.

Mr. Shelley. This picture is my property; it is one of them that was in the box. The shilling I swear to; and think the glass is mine; I had such a one. When I searched, I could not find it. I do not swear to the shirt, but I have no doubt it is mine. The neckcloths I believe also are mine.

PRISONER's DEFENCE.

I came by the shilling honestly; the magnifying glass I found in sweeping out the pantry; the linen I had from the country; my mother always washed for me.

GUILTY. (value 15 s.)

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

[Imprisonment. See summary.]

4. CHARLES DURHAM was indicted for burglariously and feloniously breaking and entering the dwelling-house of John Cutt , about the hour of nine in the night, on the 11th of November last, and burglariously stealing therein eight shirts, value 2 l. two shifts, value 9 s. two pair of hose, value 2 s. four frocks, value 4 s. one coloured gown, value 5 s. one bed gown, value 1 s. two white petticoats, value 2 s. and divers other things , the property of the said John Cutt .

AMELIA CUTT sworn.

I live at No. 33, Eagle-street, Red-lion-square ; my brother keeps the house; it is a coal-shed; there are seven in family; the upper part of the house is let to one family. I looked at my watch a quarter before nine on the 11th of November; I was crossing the passage from the parlour to the bedroom, I saw the prisoner coming down stairs with a bundle; he dropt it on the stairs; he said nothing to me; he came to me; he came to the bottom of the stairs, and I collared him, and cried, Brother, brother, a thief, a thief, a thief! He gave me a blow on the breast, and ran out of the house; he left the bundle behind him. My brother pursued him immediately; he was brought back in less than ten minutes. I am positive the prisoner is the person who ran out of the house. The street-door is always open on account of the shop; he ran out at that door; the parlour door was open, and I had a candle in my hand, so that there was light both ways. The prisoner was taken to the watch-house; the constable has the bundle.

JOHN CUTT sworn.

I live in Eagle-street; I am a housekeeper. On the 13th of November, about a quarter before nine, I was sitting in my parlour, I heard my sister cry out, Brother, brother, a thief! I got up, and ran out; I saw the prisoner in the passage running out; I had a very good view of him, because there is a very good light; my sister had a candle in her hand. I pursued him into Holborn; as he turned the corner of Dean-street I lost sight of him; that may be 20 yards. Mr. Walker stopped him in Holborn. I went up to them. The prisoner is the man that I saw run out of the house. When he was brought back, he said, he was not the man. He was taken to the watch-house.

- WALKER sworn.

I heard the alarm before he ran out about a quarter of a minute; the man that came out of the house came out stumbling; he ran past me; I endeavoured to lay hold of him, but I missed him the first time; I then followed him down Dean street about threescore yards; I seized him in Holborn by the skirt of his coat; he struck back at me; I caught his arm, and held him by that arm and his collar; he swore at me, and asked what I wanted; I told him, I did not want him, it was those who called after him that wanted him. Mr. Cutt then came up; he was secured, and brought back. I never was three yards from him.

JAMES HODGES sworn.

I am constable of the parish. I produce the things mentioned in the indictment.(Deposed to by the prosecutor and Amelia Cutt .) They were taken out of three drawers in the dining-room; they were loose.

PRISONER's DEFENCE.

I was walking through Holborn; I heard Stop thief! and this man came up, and this man came up, and laid hold of me. I know nothing of the matter. I have no witnesses.

GUILTY of stealing only .

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

[Transportation. See summary.]

6. GEORGE COWLAND was indicted for stealing, on the 2d of December , twenty-six pounds weight of cheese, value 13 s. the property of James Smith .

JAMES SMITH sworn.

I am a porter, and agent for merchants ; we are responsible for every article taken out of the cart, till it goes on board; I am alone responsible: this cheese was taken from the custom-house keys the 2d of December, about eleven. I missed it; I did not see it taken; I had notice of it in about five minutes; I went to the place, and missed one of the cheeses. The prisoner was brought back with the cheese. I cannot positively swear to the cheese; but it was the same sort of cheese. It was under the second crane, next to the wool-key.

HENRY COOPER sworn.

I saw the man take the cheese out of the basket, under the the second crane, next Wool-key. I had not time to stop him. I can swear the prisoner is the man that took the cheese. I saw him when he was brought back; he was the same man; I have no doubt about him; he had a jacket on.

WILLIAM WELLS sworn.

I was just come off the keys. I met the prisoner with something, which I supposed to be a cheese; I stopped him, and found a cheese in his apron. He said, he found it. I made enquiry, and took the prisoner to the keys, and found Mr. Smith had lost one. I did not examine the other cheeses; they have no marks; it was all that kind of cheese, as far as I know. There were 114 baskets, and one was missing from one basket, and this corresponded.

PRISONER's DEFENCE.

Mr. Wells, the constable, has transported above forty people in the last two years.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Whipping. See summary.]

7. WILLIAM ROGERS was indicted for stealing, on the 30th of November last, seven pounds weight of raw sugar, value 4 s. the property of Francis Phillips , Joseph Wilmot , Thomas Kilby , William Hobbins , Samuel Drake , John Porter , and Samuel Pinchin .

JOHN PORTER sworn.

On Wednesday, the 30th of November, I was at work on the key; I saw the prisoner come out of the warehouse, called Chester Key Warehouse , which we belong to; they are both under our care; I saw him come down three steps, and stopped him. I said, soldier, where have you been at work? He said, at the capstan. I saw his hand all over sugar, his breeches were full, and lined all round his body. I took seven pounds of sugar from under his clothes; it was raw sugar. I weighed the hogshead, and it wanted a quarter and seven pounds. I never lost sight of the prisoner.

THOMAS HUNTER sworn.

I a constable to the West-India Merchants. I secured the prisoner, and kept the property ever since.

PRISONER's DEFENCE.

I had the misfortune to buy the sugar of a sailor on the keys.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Imprisonment. See summary.]

[Fine. See summary.]

8. THOMAS SKELTON and JOHN MARTIN were indicted for feloniously stealing, on the 3d of November , four pieces of bar iron, value 5 s. the goods of Robert Jones .

JOSEPH NASH sworn.

I stopped the prisoners on Thursday, the 3d of November, in Petticoat-lane; Skelton had two pieces of bar iron, weighing 32 lb. and Martin two pieces, weighing 12 lb. Mr. Jones claimed the property I produce.

ROBERT JONES sworn.

I live in Swan-yard, Bishopsgate-street; I am a farrier. This iron is mine. This bar has been in my shop two years and a half; it is stouter than that which I usually use in my business. On the 19th of October, I was drinking a pot of beer with Mr. Parr, from whom I took the shop, and was observing, that I had not used all the iron he had left. Skelton asked Parr to give him something to drink, (I only swear to one bar) and said, he wished he had to work up that iron, as it was very unhandy; he said this because Parr refused him drink. This bar is cracked, which renders it remarkable; I know the bar; I am positive.

Joseph Nash . I asked the prisoners where they got the iron? they said, they found it.

Thomas Skelton called two witnesses, who gave him a good character.

John Martin called one witness, who gave him a good character.

BOTH GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

9. WILLIAM CLUER was indicted for feloniously assaulting William Bryant , on the King's highway, on the 14th of November last, and putting him in fear, and feloniously taking from his person, and against his will, one tin box, value 4 d. eighteen guineas, one half guinea, three base metal counters resembling half guineas, value 2 d. and twelve shillings in monies numbered, his property .

The case was opened by Mr. Knowlys.

The witnesses examined separate.

WILLIAM BRYANT sworn.

I was a sailor on board the Romulus. I received my wages about two, and went first to the Salutation. I had eighteen guineas and a half in gold, three pocket pieces I bought in London resembling half guineas, and about thirteen shillings in money, the money was in a tin box. We were drinking together at the Salutation; I went down the town, and got some victuals, and saw the prisoner at the Running Horse, and asked him to drink a glass; I sat there some time; the prisoner was in company, and he took hold of me by the shoulder, and said, Come, shipmate, go with me, I will provide you a good lodging; I did not look at first; he made a stop at once. I asked him where he was going; he took me up a very narrow passage, gave me a sudden jerk all of a sudden on the shoulder, and took my tin box and money out of my pocket. He went away all at once. I went to the next house, and told them, and that he had only left me one copper. They searched my pockets, and sent for a constable. I staid there all night; it was a lodging-house; none of the people are here. The next morning I went to the Running Horses, and told the landlord, and seized the prisoner, who stood by the fire. He took out half a guinea for change; he swore many heavy oaths, and pulled out two more; they were my property: I gave a penny a piece for them; they were half-guinea pieces resembling half-guineas; one of them was found in the ashes. I understood the tin box was picked up by a schoolboy, who is here.

Mr. Garrow, Prisoner's Counsel. Was the Salutation the first house you drank at? - Yes.

How long had you been there? - Near an hour.

What liquor did you drink? - Part of two pints of beer between me and two more.

How long did you stay at the Running Horses? - The space of an hour.

You drank there too? - Yes.

Do you recollect fighting any body in the street after you went out of the Running Horses? - No.

Was you so sober as to recollect all that happened to you? - Yes; I was not paid off when the ship was paid.

Had you been at the Bull public-house that night? - At the Bull, Sir.

Aye, recollect yourself; and recollect, there is less offence in a sailor's getting drunk after a long voyage than in swearing against a man? - I was in the Bull.

And there you invited a young woman to pass the night with you? - I was in no woman's company any further than this, I saw a woman in a black gown; she asked me what countryman I was; I told her, I was of the West of England, and I asked her for a cook's shop; I went into the cook's shop, and asked her to sit down; she did not come in then, she returned again in five minutes; she came up through the street with me again; I went along with her to the Salutation, then the landlord asked her what she did there.

She was a common woman? - I never saw her before; he asked her what she did there? she said, she came to drink a glass of something with me. He said, he would as soon see her backside as see her face; and I never saw the woman afterwards.

Do you mean to swear that after that you was not at the Bull with this young woman? - Yes, Sir.

Why, you was not so ungallant surely as an English sailor to let her go out of the house by herself? - I never saw her afterwards; I was at the Bull before I went to the eating-house.

What became of you after you had lost this woman, that would not have been a pleasant circumstance, you know? I went back again to the Running Horses after that.

How long did you continue drinking there? You drank at the Salutation, then you got to the Running Horses, then to the eating-house, then to the Salutation again, and then to the Running Horses again; at all of which you took a little drop of a nip? - I staid at the Running Horses about half an hour after eight, and had two pints of slip; I did not drink it all myself; there was four or five of us.

How far off did you pass your night from these running horses? - I cannot say.

You do not recollect fighting with any body? - No, Sir.

No man in a sailor's dress? - No.

Now, after all this drinking, do you really think you was any thing like sober? - I was sober and sensible to know what I said and did.

SARAH VIOLET sworn.

I keep the Running Horses at Brentford. I remember the prosecutor coming in; it was between eight and nine when he came in; he was not more than an hour; the prisoner was there some of the time. Bryant paid for three pints of liquor, that was all he had; they went out together. I saw a tin box in the prosecutor's hand, but what he had in it I cannot tell; nobody else went out with the prosecutor. He came in next morning, and the prisoner was there; he said, he had lost his money. I cannot tell what passed; but soon after the prisoner went out, and brought a piece of money to pay for what he had. The prosecutor did not stop him then. The prisoner's master is a pipe-maker. He produced me half a guinea to take my reckoning; I told him it was a counterfeit; he desired I would weigh it, and it was so; the prisoner said, it was his money. The sailor charged him in custody.

Mr. Garrow. Did you observe whether he was a little in liquor? - I did not observe; they went out to get a lodging.

How long has the prisoner lived in your neighbourhood? - About six months; he frequented our house, and came there that morning, as he had been accustomed to do; he went out, and came in again some time after with this piece of money.

He might have put it all into the pipe-furnace if he had been conscious of any thing of the sort?

Court. Could the sailor have had a lodging in your house? - Sometimes we do let a lodging; my husband offered him half a bed.

JOHN CLAMTREE sworn.

I am a pipe-maker in Brentford; the prisoner was my servant. I saw him at this publick house a quarter before nine; he gave me three pieces of medals, which I thought were half-guineas, and a guinea in gold, to take care of; he gave them me at William Violet 's, the Running Horses; the sailor was not there at that time. I had not been in the house above five or ten minutes. I pay the prisoner 16 s. a week on an average; I seldom paid him in gold; I paid him 16 s. the Saturday before, all in silver. He never offered me any gold before.

Mr. Garrow. The prisoner applied to you for one of these very half-guineas? - Yes; he came to me for one of the half-guineas to go back and treat Bryan at that very publick house. He has worked for me about seven months; I never saw any dishonesty by him; he bore the character of an honest man; I never missed or found any thing lost.

Mr. Garrow to Violet. This man had worked next door to you for some months, what character did he bear? - I have nothing to say against him; I never heard any thing to the contrary of an honest man.

Did Clamtree come in there? - Yes, some time after Bryan and the prisoner had left our house; they went out very good friends; he was to shew him a lodging. I saw him afterwards give Clamtree two of the small pieces; I did not see him give the other two.

Mr. Garrow to Clamtree. He gave you this money in the open tap-room, without any secret? - Yes.

JOHN BROWN sworn.

Was you at the Running Horses on the evening of the 14th of November? - Yes. I am a shoemaker at Old Brentford; I saw the prosecutor and the prisoner go out together; I saw the prisoner the next morning throw down a pocket piece to the sailor, a kind of a half-guinea coin; and after that he offered me a golden guinea not to say they went out together the over-night; that is, the said William Cluer and the sailor.

Had any complaint been made against the prisoner? - Yes; the prosecutor charged him with the offence; he said, he could swear to the piece which I saw the criminal throw down.

Mr. Garrow. What are you? - A cordwainer. I was having a little beer; there was only me and one more, and the landlord.

Do you know the woman that this man afterwards went to the Bull with? - No; I was not at the Bull.

What did they go out together for? - I did not hear.

Court. Had you any acquaintance with the prisoner before? - No; the sailor recollected that I was in his company the overnight.

You was not examined before the magistate, nor is your name on the back of the indictment? - No.

Mr. Garrow. When was you first applied to, to give evidence? - The next day; I went before the justice, Doctor Forster .

Was you examined there? - Yes. I gave my examination in writing for what I knew of; I did not go before the Grand Jury, I was not in town.

THOMAS PETERS sworn.

I am a shoemaker in Old Brentford; I was at the Running Horses the evening of the 14th of November; I saw Bryantthere; I saw the prosecutor and prisoner go out together; the prosecutor was there first; the prisoner came in about five or six minutes, and asked what I had to drink; I said, a pint of beer; he drank of it, and called for another. I paid for the first pint; I told him not to call for any more; I had no more money; he said, it did not matter, he had plenty of money, and he said, he had saved up 3 l. for the Christmas holidays, which he had in a pipe-clay box; and soon after that, I think it might be in the space of a quarter of an hour or twenty minutes, in came the prosecutor, and declared he had been robbed of all his property, which was 18 guineas and a half, and some odd money; what, I cannot justly say; and that the prisoner was the man that robbed him, and he would have a constable. Soon after that the prisoner beckoned me into the back parlour, and I went, and he put his hand into the sob of his trowsers, and pulled out a guinea, and two half guineas, as they appeared to me, but whether they were half guineas or counterfeits I could not tell; he offered me the two half guineas, as they appeared, to take them and keep them, and say nothing about it; I did not take them; I went and told my master, who was in the publick house, and the landlord; and before they could get a constable they were demolished some how or other; they could could not be found. My master's name is Callaghan. He was searched by Mr. Cox, the constable.

WILLIAM GREEN called.

How old are you, my lad? - Thirteen, last September.

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

What are you to do? - I am to speak the truth.

Suppose you do not speak the truth, what will become of you? - Go to the devil. - (Sworn.) I picked up a box, I gave it to Mrs. Violet, about seven in the morning, on the dunghill, on Tuesday the 15th of November.

Mrs. Violet. The box was brought in, and carried to the justice's; the constable, William Cox , has it. The prisoner lives about two stones throw from where the box was picked up.

Mr. Garrow. A great many people live much nearer? Yes.

WILLIAM COX sworn.

I produce a tin box.

Green. This is the tin box I found.

Cox. Here is a certificate in it; I searched the prisoner, and found one guinea in his hand. (Produced.) This pocket-piece was on the table in the tap-room; the prosecutor told me to take it.

Mrs. Violet. I did not take notice of it, but the prisoner offered me such a one as this that morning.

Prosecutor. This is my box, and my certificate and card. This medal is my property, part of what I lost that evening; here is a particular scratch upon the head.

Mr. Garrow to Prosecutor. How many of these medals did you buy? - Three, there was never another in his shop; there is a scratch on the King's head side.

Do you mean a long one all down the crown? - It is not so very long.

Does it reach from the top to the bottom? - Almost.

And that is on the head side? - Yes.

That you are quite sure of? - Yes.

So much for certainty; now it happens to be on the other side. When you speak of the head, you do not mean the tail? - No.

(Shews him a guinea) Which is the head side of that? - (He points to the head side, and persists in the scratch being on the head side.) I saw him chuck this medal on the floor.

Court to William Cox . That which you call the medal resembles the half-guinea? - Yes? I found it on the table in the taproom when I went in.

Court to Bryant. When you went out of the publick house in company with the prisoner, you say you went to get a lodging, and in a narrow place, a sort of alley, he gave you a jerk, and put his hand in yourpocket, and took your property from you? - Yes.

Was there any other force made use of? - He took me by the shoulder.

PRISONER's DEFENCE.

I am sorry to trouble the Court. but they took one guinea, a sixpence, and a penny; the guinea I worked hard for I think I have a right to have: my defence is as this; I gave my master one guinea, and three pocket-pieces, a quarter before nine; I went out of this house with the prosecutor; the prosecutor had all his money at nine o'clock; the guinea and the three pocket-pieces I gave to my master before I went out with the prosecutor.

Court to Clamtree. What time was it? - It was near a quarter before nine that I received them of him at the Running Horses tap-room; I never saw the prosecutor till the next day.

Prisoner. The prosecutor was gone backwards.

Court. Did the prisoner afterwards leave the Running Horses? - He went home after us, I understand; the prosecutor was not in his company then.

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

GUILTY , Death .

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

(He was humbly recommended to mercy by the Jury, on account of his good character and simplicity.)

10. JOHN SLACK was indicted for feloniously stealing, on the 5th day of November , fifty-six rabbit skins, value 25 s. the goods of Messrs. William Borrodaile , Richardson Borrodaile , and John Atkinson .

WILLIAM BORRODAILE sworn.

I am a furrier ; I only know that those skins were missing; they were missed on Monday the 7th.

JOHN THOMAS sworn.

I am a furrier: on the 5th of November I was called down stairs, and found fifty-two skins offering for sale by the prisoner; he had sold my servant some in the morning of this day; I asked him where he got them; he said he bred them, that he kept a large number of rabbits; I told him he dried them very nice; he said yes, he hung them up by the nose to dry in the cellar; I then told him that would not do, for that they were foreign skins; I threatened to send him to the compter; and he then said, that a man had given them to him to sell; I told him to send for the man; he said he did not know where to send for the man, as he had never seen him before: he came to me about seven o'clock in the evening.

JOHN LLOYD sworn.

I am an apprentice to Mr. Thomas; I was present when the prisoner brought in the goods; I am sure he is the man who sold me some skins the same morning.

JOHN CHRISTIAN SCHRIEBER sworn.

My lord, I am a servant to Messrs. Borrodaile; these skins are of the same quality of those we lost; these are Flemish skins.

Prisoner. Please you, my lord; coming from London-wall, a man gave me these skins to sell, and said, if I sold them, he would give me a shilling; I do not know where to find him.

GUILTY . (Aged 19.)

Transported for seven years .

Tried by the London Jury before Mr. COMMON SERJEANT.

11. JOHN WADE and ROBERT SMITH were indicted for feloniously stealing, on the 15th day of November last, onewooden tub, value 2 d. and sixty-nine pounds of butter, value 41 s. the goods of Edward Davis .

PETER BUCKLAND sworn.

I am servant to Mr. Davis, a cheese-monger , on Snow-hill : on the 15th of November I was unloading a cart of cheese at my master's door; the carman said, I believe a man has taken away a firkin; it was Irish butter and salt; Mr. Robert Davis came to the door, and we pursued him to St. Sepulchre's church; and Smith said to me, he is gone that way, pointing to the Old Bailey; I went up Giltspur-street; I overtook Wade, and pulled him by the skirt of his coat, and the firkin dropped off his shoulder; Smith struck me with a bludgeon, which took the skin of my face; he was dressed in a smock frock; Mr. Davis then came up, and Smith knocked my master down; he lay upon his hands and face near half a minute; I am sure to the firkin, the mark is 349; they made off when the people began to collect round us; I am sure they are the men; I saw them again, about eleven that night, at the Sun, in Cow-cross street; I was directed in that pursuit by the patroles; there I saw the prisoners.

ROBERT DAVIS sworn.

I am brother to the prosecutor; I pursued two men up to the corner of Giltspur-street; I heard the last witness crying murder! I went to his assistance, and I was knocked down; he was dressed in white, I believe, in a smock frock.

- WILLEY sworn.

I am a patrole; I went into a number of different houses; I sent the evidence Buckland into the sign of the Sun, to get a pennyworth of beer; he came out again, and I went in and took them; there might be eighteen or nineteen people in the room, most of them thieves.

HENRY RICE sworn.

I only know of the prisoners being taken out of the house.

Robert Dodd . It was light enough to discern their persons, but I did not get near enough to identify which.

Buckland. While I was drinking my pennyworth of beer, I heard one of the prisoners say to one Douglas, if you had been with us, we should have brought the butter away, and that it would have been ten hog a-piece: Smith said one of the people was a lusty young fellow, but he had tipt him his gruel as he ought to have it,

Smith. Please you, my lord, I had been to the White-horse cellar, to deliver a horse; I returned about half past six; I have no witnesses, they are in the country.

Wade. I never was out of Cow-cross that night.

BOTH GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. COMMON SERJEANT.

12. BARTHOLOMEW WEST was indicted for stealing two ingots of brass, value 10 s. the property of George Penton the elder and George Penton the younger.

WILLIAM FARRELL sworn.

I am a brass-founder; I work with Mr. George Penton and Mr. George Penton , in New-street square, Shoe-lane ; they are brass-founders : on Thursday the 27th of October I had occasion to go to the privy, between five and six in the evening, and I saw an ingot of brass tucked into a hole under the stairs that lead up into another shop; the necessary is under the stairs, and under the stairs also is that hole where I saw the ingot; I informed John Walton , and shewed it my master; Walton marked the brass in my presence, and I put the brass there again, and said nothing; we watched on Thursday night, Walton and Mr. Penton, and me; nothing happened then; we watched again on Friday night; and between eight and nine in the evening I watched him; I was going on the passage, and metmy master; and the prisoner was then in the vault, as my master told me; my master stood one side the street, and I went the other and stood, and I saw my master have hold of the prisoner, with the ingot of brass; my master called, I have got him, I have got him! The prisoner was secured, and I saw the constable take the ingot of brass from the waistband of his breeches and the flap of his apron; I observed the mark on it then, which was put on by Walton the day before; I am positive that was the same mark; the prisoner had worked for my master about two months.

JOHN WALTON sworn.

Deposed to the same effect.

GEORGE PENTON sworn.

I am a brass-founder, in New-street square; my partner's name is George Penton . (Deposed to the same effect.) I have the punch that marked it; it was marked with our mark; this is new brass; the constable has had it ever since.

SAMUEL SIMPSON sworn.

I am a constable; I have had the brass ever since in my possession; it is in the same state in which I received it.

Prosecutor. There were neither promises nor threats used to induce him to confess.

GUILTY .

Transported for seven years .

Tried by the London Jury, before Mr. COMMON SERJEANT.

13. SAMUEL JENKINS was indicted for stealing, on the 17th of November last, 20 lb. weight of Gloucester cheese, value 7 s. the property of Charles Price .

SARAH PRICE sworn.

I am the wife of Charles Price ; he is a carpenter : on the 17th of November we lost some cheese; it was kept in the shop; I saw the prisoner take it about half past ten in the morning; I asked him what he wanted; he stood upon the window; he took two cheeses, and ran away with them; he was taken about ten minutes afterwards; he dropped them in my sight.

THOMAS BRAND sworn.

I saw the prisoner, with the cheeses under his arm; I have kept them ever since.

(Prosecutrix deposes to them.)

Prisoner. I was coming from work; I went into the Angel to borrow a shilling; they stopt another man before they did me.

GUILTY . Whipped .

Tried by the second Middlesex Jury before Mr. RECORDER.

14. MATTHEW GILMORE was indicted for stealing, on the 24th of November , two linen shirts, value 2 s. the property of William Germain .

WILLIAM GERMAIN sworn.

I live at Enfield parish; I lost two linen shirts off the line, on the 24th of November; they were found on the prisoner; I did not see them taken from him.

BENJAMIN HARVEY sworn.

I was coming from Enfield-highway, and I heard a woman cry Stop thief! that man has got my shirts; and I stopped the prisoner; and my mate, John Smith , came up as the prisoner gave me the shirts; I asked him for them.

(The shirts produced.)

GEORGE LAW sworn.

I am constable; I produce the shirts; Harvey delivered them to me; he brought the prisoner with him.

MARY GERMAIN sworn.

I know these shirts to be my husband's; they were taken off the line wet; I did not know the prisoner before my little girl told me that a man was taking them; and I ranafter him, and saw Harvey and Smith coming, and they stopped him.

JOHN SMITH sworn.

I was with Harvey when the prosecutor's wife was running after the prisoner, and we pursued him and took him; he said, What do you want? I conducted him to the constable; it was not more than two minutes after the shirts were taken off the line.

PRISONER's DEFENCE.

I was coming from Hertford, and I was coming along; a man overtook me, and travelled about four miles with me; he wanted to borrow sixpence, and I lent him it; he said he lived at a house on the road; he went into a house; he said his sister lived there; and I walked on; and he came out, and gave the bundle to me; and this woman called Halloobulloo, we have a thief now, and I will get enough to keep me all the winter; they took my property from me; I am a stranger in this country, I came from Ireland.

Court to Mrs. Germain. Had he any bundle? - Nothing but the shirts.

Jury. Was any other man with him at the time? - No person; he had the shirts on his arm.

GUILTY . (Aged 60.)

Transported for seven years .

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

15. WILLIAM LEACH was indicted for feloniously stealing, on the 9th day of November , one watch, the inside case made of metal, and the outside case covered with shagreen, value 20 s. one metal seal, value 2 d. one key, value 1 d. and one steel watch-key, value 2 d. the property of Sarah Bourne , spinster .

SARAH BOURNE sworn.

I am a single woman; I lost a watch; I live at No. 7, Wardour-street, Soho ; I hung up my watch in the parlour; it was on the 9th of November; I saw it about five minutes before the prisoner came in; I keep a tallow-chandler's shop.

JOHN JOYCE sworn.

As I was making candles, I saw the prisoner at the bar running across the shop; I laid hold of him; he had the watch in his left-hand; he threw it into the parlour.

- SANDERS sworn.

I went into the parlour; I saw the watch, and picked it up; Mrs. Bourne was holding him by the collar.

Joyce. I had the watch a little time, and gave it to Sanders.

( Sarah Bourne deposes to the watch.)

PRISONER's DEFENCE.

I had a holiday that day, and went to get change for a shilling in their shop; I knocked with my foot several times; and, coming out, this young man charged me with stealing the watch; I have several respectable witnesses to my character.

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

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

16. WILLIAM SMITH was indicted for feloniously stealing, on the 20th of November , forty-nine pounds of grain tin, value 10 s. the property of Sarah Swabey .

STEPHEN SWABEY sworn.

The prisoner was my mother's servant ; on the 20th of November, William Black came to me, and informed me he had apprehended a man with a quantity of this tin about him, which he not giving a satisfactory account of, they detained him; he was asked what he was going to do with it; hesaid he worked for Mr. Swabey, of Vauxhall, and that his master had ordered him to take it to a Mr. Howard, a coachmaker, in Long-acre; the prisoner was a labourer in the manufactory; one branch of his business was to boil tin and lead together, which he had been employed in on Tuesday night: on the information, I went to look at the ashes which the prisoner had to burn; on looking at them, I found them deficient in quality, and discovered they wanted the due proportion of tin; we ascertain the quality by the colour of the ashes; I went to Mr. Addington, in Bow-street; I was there during the prisoner's examination; he confessed he had taken it various times, and sold it to Mr. Allen; he was not promised any favour.

WILLIAM BLACK sworn.

I am a patrol, under the direction of Sir Sampson Wright; I stopped the prisoner at the bar with this tin on his shoulder; I asked him what it was; he said, tin; he worked for Mr. Swabey, near Vauxhall, and was going to take it to Mr. Howard, in Long-acre; I took it off, and examined it; I said he might be right, but I would go with him to Mr. Howard; I left him at a public-house, and went to a coachmaker, who said coachmakers did not use it; I took him then to the office, and he was committed; there was no such person as Howard to be found.

PRISONER's DEFENCE.

My Lord, as I was coming home, last Lord-Mayor's day, I stepped upon this tin, in return home; I took it next day and sold as much as came to half-a-crown: my wife was taken in labour, and said, you may as well go and sell the remainder of this tin: I was going to Charing-cross, and the patroles stopped me.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

17. WILLIAM ALLEN was indicted for feloniously stealing, on the 19th of November , thirty pounds weight of lead, value 4 s. the property of Thomas Chorley , affixed to a certain dwelling of his, against the statute .

THOMAS CHORLEY sworn.

I am a carpenter ; I missed some lead from some houses I had recently built in Union-street, Shadwell ; I missed it first on the 21st; I saw the lead on the following day at the office; I fitted the lead the day after to the place from whence I had lost it; I knew it by the end I worked down, and from the nail-holes; I have no doubt of it being my lead; it had been laid down about two months; the piece weighed about thirty pounds; the piece I describe completely filled up the vacancy.

WILLIAM TURNER sworn.

I know the prisoner at the bar; I met him at the head of Old Gravel lane, with the lead in a sack, on the 21st of November, about four in the evening; I asked him what he had got there; he said, a bit of blue; that is slang for lead; I do not know whether any examination was taken in writing before the magistrate; he said he had had it seven months: at the public-house he said he had an estate in Hertfordshire; the lead has been kept in the office under my charge; I marked it with a W.

WILLIAM DUNCH sworn.

I took the lead from the office, and fitted it to the place; the hole does not run right through, it runs upon an angle; I can only swear to one piece of the lead; they were detached pieces of lead, some fitting one house and some another.

OLIVER BURTON sworn.

I was also present. (Deposes to the same effect.)

JOHN FRANCIS sworn.

I am a plumber; I have no shadow of doubt but it is the identical lead fitted toMr. Chorley's house; I have taken a great deal of pains to satisfy myself.

Prisoner. I bought five pieces of lead, and gave 18 s. a hundred for the lead; I bought it to send into Hertfordshire, where I was building a little tenement; Turner is only a cadee; he is a thief; he has been in Newgate; he stole beer and pork; he is well known in Newgate.

Turner. I was convicted of an assault, and confined in Newgate; it was upon a girl, for striking her; it was not for an attempt to commit a rape.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

18. JAMES FOOT was indicted for feloniously stealing, on the 29th day of November , two bay coach-horses, value 5 l. the property of Sarah La Hoope .

Second Count - lays them to be the property of John Hall .

JOSEPH LOURN sworn.

I am coachman to Mrs. La Hoope. On Saturday, Monday, and Tuesday, the prisoner at the bar came to me into the stable, and said to me, Mr. Hall is going to send for your horses very early on the Thursday, that they were to go upon a job, which he (the prisoner) was to drive, for a single gentleman who came from the West-Indies, and who had had a job of Mr. Hall three years before he went to the West-Indies; that he was to have 9 s. a week of Mr. Hall, and 10 s. 6 d. a week board-wages; and to have two suits of livery; this passed on the Saturday: on the Monday following he told me Mr. Hall had not taken any stables yet, but he would take some soon; he wanted me to buy him a coach-dog; I really thought he was in Mr. Hall's service; I saw him next morning, about six or seven; he told me Mr. Hall had sent him for those horses; I told him I would give them a feed of corn before they set off; I asked him if he would have a horse-cloth upon each horse; he said no; Mr. Hall lives in Hamilton-street, Piccadilly; I saw him turn up the road to London; I told him I had half a mind to go to town with him; he said there was no occasion for that, Mr. Hall would be sure to send the horses in time; I delivered the horses, but did not receive any in exchange; I should not have delivered them, if I had not thought he had been employed and sent by Mr. Hall.

JOHN HALL sworn.

I live in Hamilton-street, Piccadilly; I had a pair of bay geldings in the employ of Mrs. La Hoope; I never employed the prisoner, or ever intimated to Mrs. La Hoope that I intended to change them; I certainly had an intention of changing Mrs. La Hoope's horses, and that intention might have been known in my stables, as I had purchased a pair of black long-tailed horses for her use.

CHARLES RIX sworn.

I am a coachmaster at Putney; the prisoner came to me about half past nine in the morning of the 29th; he said he had been informed I wanted to buy a pair of coach horses; I told him no; he said they belonged to one Mrs. Feltham, of Bedford-square, who was going to lay down her carriage; I asked him the price; he said twenty-five guineas a-piece; I offered him 30 l.; he said no, I will not take less than thirty guineas; I observed one lame, and then said I would not stand word, but would give him only twenty-five guineas; he said I should have them, if I would give him two guineas for himself; I told him to put the horses in the stable, and go into the house, and I would get the money, and pay him; I told the people about, that those horses were stolen, and desired them to get a constable; the prisoner made his escape, and I pursued him to Barnes Common, and took him in a furze bush.

Mr. Hall. The horses which Mr. Rix brought to me, were those I had let to Mrs. La Hoope.

GUILTY , Death . (Aged 21.)

Tried by the first Middlesex Jury before Mr. RECORDER.

19. EDWARD BEAN , otherwise BROWN , was indicted for feloniously stealing, on the 22d day of November , one black gelding of the price of 8 l. the goods of Thomas Dale .

JOHN MOTT sworn.

I live with Mr. Dale, a stable-keeper , in Chiswell-street ; I am his head hostler. On the 22d of November, about half past four in the afternoon, the prisoner came to our stables, and called hostler; he asked whether Mr. Richardson had not a horse stood there at livery? I replied, yes; he said, Mr. Richardson have recommended me for a horse at any time; I told him I knew Mr. Richardson, but that he was out of town; yes, the prisoner said, he went out of town on the Sunday before; he said, he wanted a horse to go to Low Layton; and on his saying he came from Mr. Richardson, I let him have a horse; he again said he wanted a horse to go to Low Layton, on particular business; he should return about eight o'clock in the evening; nothing was said about the price; I lent him a bit of stick; when he got on to the horse, he said he was clerk and rider to some great shop in Cheapside, and that his name was Brown: he mentioned the name of the shop, but I do not remember: it was a black gelding; I saw nothing more of him that evening; I saw the horse again on the 25th, at Mr. Hopkins's stables, in Holborn; it is a repository; my master bought him in spring. My reason for being particular about the time of his going, was, having a gentleman to go out about the same time, an old customer; it was half past four, or a little after.

Mr. Knapp, Prisoner's Counsel. It was half past four, on the 22d of November, rather duskish? - Yes.

It was upon the faith of Mr. Richardson's name, that you let him have a horse? - Yes.

Were you the first person that spoke to the person that came from Richardson? - No.

Are you sure that he is the person? - Yes; the yard is very light, and it is lighted between five and six; the horse was not hired generally, but to return that evening.

THOMAS HUMPHRIES sworn.

I live with Mr. Thomas Hopkins ; he keeps the repository in Holborn. On the 19th of November, I was paying the men; the prisoner knocked at the compting-house door, when I was paying the men; I had seen him before; he put his head just in the door, and said, I ask your pardon for disturbing you; I shall be glad to speak with you; I stepped out, and said, well, Sir, what is your pleasure? says he, I will thank you to lend me a guinea; I replied I could not spare one, having a number of men to pay; he then asked me if I had seen Mr. Wise? I said, I will tell you what, Mr. Robins, I have some money to take to morrow; if I succeed, I will lend you a guinea; he came on the morrow; I told him I did not succeed, and could not lend him a guinea; about a fortnight before this, he told me he had a horse or two to sell; I told him, if he brought them, I would endeavour to sell them for him, as for other gentlemen; he said he had one, and that he should bring him; this was on the 20th of November; on the 22d, Tuesday, about half past five o'clock, a few minutes under or over, he brought a black gelding; he told me that was it he spoke about; I said, Sir, says I, what do you want for this; he rode it into the yard with a saddle and bridle on it; says he, this is a better than the other; and he booked it at eight guineas; he then said he wanted some money on it; I told himI had but a guinea in my pocket; he said that would do for the present, but he must have some more in the evening; I told him I was going to Park-lane to receive some; if I succeeded, I would let him have some more; I told him I lent him the guinea; I did not lend it as a pawn-broker; I did not consider the horse a pawn for it; he asked me when I should return? I said, in an hour; he asked me if I should ride that horse he brought in? I said, no, I had a hack of my own; I made it eleven o'clock before I came home; and not expecting to see him that night, as I could not see the aforesaid Mr. Wise; and he was waiting under the window of my bed-chamber, behind a pheaton; he said I had kept him waiting a long while; I said I was sorry for it; he asked me if I had succeeded? and I told him no; he pressed me very hard again, and said he did not know what to do for money; I then told him I would endeavour to get him another guinea; I went to Mrs. Blick, who keeps the Bull and Gate, and borrowed the second guinea; but in the mean time he left this letter; I have seen him write, and am certain this is his hand-writing; Mr. Hopkins gave me the letter the next morning; I gave him the second guinea; he then asked me where he should settle the business; the time was fixed on the next evening at five; I was to give him eight guineas for the horse for myself; at five he came; I told him I would settle in half an hour; he came, and I asked him to go to the public-house, as there were some gentlemen in the compting-house: Wise was there, and said how do you do, Mr. Bean? this convinced me he had done wrong, as he entered his name Robins, and gave me that name always; he called Mr. Wise out of the public house, and they went out together; I kept close to him; he kept drawing out of the yard, as it were, a little at a time; and I said, Mr. Robins, I must know how you came by this horse? I rather suspect you; he then said it belonged to some foreign gentleman, whose name he mentioned, but I do not recollect, who is gone abroad; and I asked him if he knew any body that did know the horse? he made no other answer, but that the gentleman was gone to France; then I asked him for his address? he pulled a pencil and a bit of paper out of his pocket, and wrote No. 4, or some other number, in St. Martin's-le-grand; I told him that was not a plain direction for me; if he would go into the compting-house, and write it with pen and ink, I would endeavour to be convinced if it was right; he then said he had a lady waiting for him at the gateway end; that he would go and speak to her, and return immediately; I then told him I should be plain with him; I would not let him go from me; he then went with me into the compting-house, and owned his address was fictitious; I then told him I would hesitate no longer, but he should give a satisfactory account at Bow-street; he told me he thought it might be settled without going there; if he repaid me the two guineas, would I be then satisfied; I then told him it was a serious business, and ought to be brought to light; and nothing but going to Bow-street would satisfy me; I sent for a coach, and took him there; going along, he pressed me very hard to settle it; hoped I would take it into consideration, and not be the ruin of a young man; I told him it was not my intention to injure him, only to have a satisfactory account to the justice; for had I not taken him, it might have been a serious thing to myself: before the justice, he owned the horse belonged to Mr. Taylor, of Chiswell-street: Mott came and saw the horse; it was the same horse; the letter I received on the 23d, about ten o'clock; it was left the 22d.

Mr. Knapp. Mr. Humphries, what sort of a stable-yard is this of Mr. Hopkins's? - It is a place for sale and a livery-yard.

It is a repository, is not it? - By private contract; we do not sell by public auction, nor have not done for these four years.

The custom then of the repository is, to take in horses from any body that comes, without enquiring any thing at all aboutthem? - Not with us; we always take the address.

What capacity might you be in? - Foreman to the salesman, about twelve years.

Anything you did in the yard, was on Mr. Hopkins's account? - No doubt of it.

How long have you known the prisoner? - From the 10th of November; I saw him again the 19th, by bringing a horse of Mr. Jocelyn's of London-wall.

On the 19th of November, there was some conversation about a horse, which horse was not owned till Monday last, after the prisoner was apprehended? - He brought no horse before the 22d.

Was not there a horse that he was charged with before the magistrate? - Yes.

What became of that charge? - I cannot say.

Do not you know it was discharged? - I do not; Mr. Jocelyn did swear to his horse; and on Monday last he was to have done something in the business.

What passed between you and the prisoner on that other warrant? - I bought that horse and had a receipt for it.

Let us look at the receipt; (produces it); I see by this receipt you gave him seven guineas? - I did.

I see it is received of Mr. Humphries, seven guineas for a black gelding? - This was in my own name: but it never was unknown to Mr. Hopkins; we never hinder any body bringing horses to us for sale, especially if we have any suspicion; I certainly had suspicions, or would not let him have had one guinea; I made no enquiries, because I thought he would come again; the first enquiry I made, was of Mr. Wise; and if he had come to me for fifty shillings, without a horse, I should have let him have it on his name. Mr. Wise did come; the prisoner and he were acquainted.

When he first brought the horse, what did he particularly say? - He brought a black horse, and said this is the black horse I told you of; and that that was one of the pair that he drove in his curricle; I then asked him whether it was a sound one or not; he said, yes; there was nothing ailed him, only a little hair was rubbed off the side with the harness, which he pointed to me, but I did not see it; and he compared it with the other horse, and I then thought they were a pair.

Did he tell you when he left them, that he left them for sale? - No doubt of it; for sale for eight guineas.

Did not the prisoner say that he would not sell him, but would pay for his keep; did not he tell you that he would not sell him, but would pay for his keep? - I did not hear any such thing mentioned; he said he was distressed or would not sell it.

Did you take notice of this last horse? - Yes, I believe it was an intire black one, only a single star in the forehead; it was not material for me to take particular notice.

You have been used to a great many horses, and have seen a great many? - Yes.

Of course you know that a white leg before or behind is a particular mark? - When people take particular notice of it it is, there is no doubt of it.

How long had you the horse in your custody? - Six nights.

Of course you had an opportunity of seeing him many times? - I had and I had not; he was put by in a corner stall till an owner came; I saw him stand in the stable, and went to see whether the horse was fed.

If the horse had had a white leg, should not you have taken notice of it? - If I had had any particular reason; I remember the horse; but I could not swear to that other horse; nor I do not know that I could swear to this.

Which horse was chopped away? - The other horse was in my custody about two days.

Court. You frequently saw this horse fed? - Yes.

Do you undertake to swear that that was the horse brought by the prisoner, and seen by Mott? - Yes.

Mr. Knapp. How often have you seen this man write? - Only once.

PRISONER's DEFENCE.

I hired the horse of Mr. Dale and of John Mott ; I did not ask him if he knew Mr. Richardson; it was another person whom I have not yet seen; Mott only led the horse out of the stable; I never mentioned Low Layton, nor any place; I only applied for a horse to take a ride; it was not four o'clock when I was there; I rode a considerable time, I am certain it was above an hour, on the Islington road: I found the horse went so very lame, after I had rode him about an hour, that I rode him into Hopkins's livery stables: I then saw Mr. Humphries, and begged of him to let me put that horse up there, but that I could by no means sell him, neither would I: as he told me before that he knew Mr. Wise very well, and on his credit would lend me twenty pounds, if I wanted it, I asked him to lend me a guinea: he did so, and added he was no pawn-broker: he did not consider the horse as brought there for sale: this was the conversation that took place under the compting-house window: I never went into the house. With respect to the horse being booked for sale, Mr. Humphries has an undoubted right to write what he pleases in his own book: it was never my intention to sell him, nor to leave him as a pledge: the second time I called, I wrote that night requesting him to lend me eight guineas: I never conceived it to be lent on the horse; and I am sure Mr. Humphries does not: I am sure he cannot; I called again after I had left the note, and Mr. Humphries was not at home: but he presently after came home, and I then asked him to oblige me with the money? he said, no, he had been disappointed: he had been after a Mr. Allingham, a sheriff's officer, to arrest a Mr. Charles Bowyer , that owed him thirty-seven pounds: but he could not get it then: I asked him to lend me another guinea? he said he would: he went and borrowed it: that I believe Mr. Humphries has stated before.

Court to Mott. Are you sure you might not make a mistake, and he say his name was Bean instead of Brown?.

Prisoner. That is what I told him.

Mott. I am sure he did not.

FRANCIS LILL sworn.

I live at the Bell-savage-yard. I have known him about two years, always a genteel young man, and kept the best company: as far as ever I saw, a very honest young man.

Mr. Baron Perryn . In what way of life has he lived? - I fancy, mostly on his relations: I have always understood so.

Is he of no trade or profession? - Yes; I have known him very industrious in drawing maps, and getting so much a week for them.

Where did he live? - He lodged in the Old Bailey, and different parts of the town.

Court to Humphries. He had talked to you of having two stone colts? - Yes: it was not when he brought this horse; it was when he brought the first horse: I did not take this to be one of these two stone colts.

What did you sell the first horse he brought you for? - I did not sell him: we in general keep an errand-poney for one of our lads to ride on. A man that buys post chaises had a horse, and I exchanged with Perkins: he gave me two guineas and the poney, which I considered as six guineas, at a fair valuation.

GUILTY, Death. (Aged 25.)

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

N. B. In this case of Edward Bean , otherwise Brown, Mr. Knapp moved in arrest of judgment, on the ground, that the addition of the prisoner was put to the alias dictus, and not to the substantive name; and that therefore it did not appear on the face of the record, from whence the jury were to be collected, which by right it ought; and therefore that therewas uncertainty apparent on the record: the Court, upon hearing the objection, thought there was weight in it, and said they would respite the judgement till the next sessions, to look into the cases on the subject; and if the Court had then any doubts, they would save the case for the opinion of the Judges .

20. CHARLES ELLIS was indicted for stealing, on the 21st of November last, one glass lamp, value 2 s. the property of Joseph Lucas and Christopher Spencer .

RICHARD CHARLE sworn.

I am employed by Messrs. Lucas and Spencer, the contractors: on Monday the 21st of November, at Spring-gardens , about three in the afternoon, there was a ladder raised to the lamp-iron; the prisoner was coming down, and on the last round; he had a tin oil-pot, and this glass, under his arm, which I took from him; the man went away; I said to him, what are you going to do with that lamp; he asked if it was mine; I said it was; how do you know that, says he, have you a mark on it; yes, there is a mark on it, says I, for you took it out of that iron; then, says he, if it is yours, I will put it up again; it is not yours, says he; it is mine, says I, and has a mark; then, says he, I will put it up for you; no, says I, I will save you that trouble; give it to me: what are you going to do with me, says he; I do not know, says I; if you will come along with me, we will decide whether it is your lamp or mine; says I, give it me; no, says he, I will put it up; I took the lamp out of his hand, and came home; he went away; I did not attempt to stop him then, as I thought him too much to encounter, and it was a private place; I did not see the prisoner till the next evening, about ten minutes after five, at Charing-cross; he was about his business, coming up to light the lamps round the statue, but somebody had lighted them; I was there to watch him, with my father and an officer; when we took him, he said nothing: the lamp-iron had no lamp in it.

(The lamp produced and deposed to by John Charle the elder.)

Prisoner. I was in liquor.

Charle. He had no business that way, but he was in liquor; the prisoner works for Mr. Spikes, who contracts for the Board of Green Cloth.

Charle the elder. The prisoner said, before the magistrate, he found it.

Court. Who contracts for the private lamps? - Not the master of this prisoner.

Prisoner. The lamplighter at the Horse-guards asked me to go to trim three lamps for him, and I could not, I was so much in liquor.

(The prisoner called two witnesses to his character.)

GUILTY . Whipped .

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

21. EDWARD WHEELER and GEORGE CLARKE were indicted for stealing, on the 29th of November last, 100 lb. weight of lead, value 10 s. belonging to Thomas Masters , and affixed to his dwelling-house, against the statute .

THOMAS MASTERS sworn.

I missed 100 lb. weight of lead over the shop-window, it appeared to be cut with a knife: a quarter before eight, the same morning, I was informed of two suspected characters, and sent my brother, I did not go myself; I saw the lead about half after ten, in the hands of the constable, his name is Lawrence; it corresponded to the holes, it was cut very exactly; I have no doubt but it was my lead.

- MASTERS sworn.

I opened my brother's shop a little after seven, and was informed the lead was gone; I looked, and missed it; I took down the shop-window, and did the business as in general; I was informed of and saw the two prisoners go through Swan-yard with the lead, in flats, some in a basket and someopen, and each man had a parcel; they were in company together, following each other; I pursued them; they went on their old course; I got a constable in two minutes after I had seen them go into an old-iron shop, in Wheeler-street, Spitalfields; the constable's name is Lawrence; we went in; one piece of lead was out on the counter, and the other on the ground; I charged the prisoners, and left the lead there while we took them to the watch-house, and came back for the lead, which Mr. Lawrence has had in his possession; I took home the pieces myself, and measured them, and found them exactly to correspond.

JOHN TIREMAN sworn.

I live in Holywell-street, Shoreditch; about two in the night of the 29th I heard a very great noise and a hammering at Mr. Masters's house and mine; I live next door; me and my family were in bed; when the watchman came half past two, they were quiet; then it began again; I got up, and lifted up the sash, and somebody jumped into the street from our house; I struck a light, and looked, and the lead was gone from Mr. Masters's house; I saw nobody then; in the morning, when the man was opening the shop, I saw the two prisoners with something under their arms; it was just before they came into Swan-yard; I saw some bundles, but could not tell what it was; each of them had a parcel; John Masters was at the door, and I told him to follow me; immediately I suspected it to be the lead; I did not follow; Mr. Masters's lead was brought home; I saw it fitted; I have no doubt.

ISAAC GABRIEL sworn.

Court. Has he been sworn on the Old Testament? - Yes, I have: I live in Wheeler-street; I keep an old-iron shop, as they call it; but I deal in rags the most; the two prisoners brought some lead to me on a Wednesday morning, the 30th; I believe they were apprehended in my shop; they came together, and threw it down; as soon as I saw it, I told them it would not suit me; the prosecutor and another came in almost immediately, and took them into custody; they came back for the lead; I did not know the prisoners; I had not dealt with them before, to the best of my memory.

JOHN LAWRENCE sworn.

I am a constable; I apprehended the prisoners, and took charge of the lead; I marked it before it was tried; I was not present when it was tried; one piece of lead was in the scale [Gabriel. The lead lay in the scale before I saw it.] when I came in; Gabriel said it would not suit him; I did not hear the prisoners say any thing about the lead; this is the same lead.

Tireman. I produce a piece of lead which matches to that which was stolen.

(The prosecutor deposed to the lead.)

(All the lead taken appeared not to be found, but what was found did match.)

PRISONERS DEFENCE.

Coming down Holywell-lane to work, we saw the two bundles of lead, one in a basket, and one in a cloth.

BOTH GUILTY .

Transported for seven years .

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

22. CHARLES RICHMOND was indicted for stealing, on the 16th of November , two cotton gowns, value 15 s. and one muslin handkerchief, value 18 d. the property of Elizabeth Vickary , spinster ; and one cotton gown, value 10 s. one checkapron, value 18 d. the property of Sarah Young , spinster.

SARAH YOUNG sworn.

I am a single woman: I lost the things mentioned in the indictment on Thursday the 17th of November; I am servant to the Rev. Mr. Butler; I did not see them taken; they were all kept in one room, in the room of Elizabeth Vickary ; some were on the bed; they were not in drawers; they were in the front garret; I left themsafe on the Wednesday afternoon; I saw them the next day, when I missed them; I know the things. Deposes to a check apron and silk handkerchief.

- MURRAY sworn.

The prisoner was an apprentice of mine; he ran away from me on Sunday, and was home on Tuesday following; I locked him into my room; he got up this chimney; my house is next door but one to where the prosecutrix lives; he came down my chimney with these things, and got into the room again where I had locked him up; he told me that he had something which would be of use to my wife; the first thing he shewed me was this gown; he shewed me all the things that are here produced; I sent my wife to make enquiry where these things were lost from.

Mrs. MURRAY sworn.

I am the wife of the last witness. Deposed to the same effect.

Sarah Young . It was from a small hand against the wall, that I discovered the robbery first.

ANN MUNNS sworn.

I go out to washing. I have known the prisoner from his birth: the boy has often ran away from me.

Prisoner. My lord, he has sent me out a begging; I have brought him eight shillings in one day.

ROBERT MAIN sworn.

I am beadle of Mary-le-bone parish. I do not know that ever I saw him begging; I have seen him about the streets frequently.

Murray. I never sent the prisoner out begging.

GUILTY . Whipped .

Recommended by the Jury, and sent by the Court to the Philanthropick Society.

Tried by the second Middlesex Jury before Mr. RECORDER.

23. JOHN NORMAN was indicted for feloniously stealing, on the 14th day of November last, two pewter pint pots, value 1 s. one pewter half-pint pot, value 6 d. the goods of Jeremiah Pidgeon .

JEREMIAH PIDGEON sworn.

I keep the Magpye, in Aldersgate-street . I lost the things mentioned in the indictment.

HENRY BOLT sworn.

The prisoner came into my tap-room, the Griffin, Long-lane, Smithfield, about twelve o'clock, the 14th of November, and called for a pennyworth of half and half in a pint pot; my waiter missed the pot; my wife inquired for it, and challenged the prisoner; she took him by the collar, and took Mr. Pidgeon's pint pot and mine out of his pocket: the constable has had it ever since; his name is John Evans .

JOHN EVANS sworn.

On the 14th of November, I was sent for to take charge of the prisoner; I found a pint and half-pint in his pocket; I put him in the Compter, and then went to inform Mr. Pidgeon; I have kept the pots ever since. Produces them.

(Pidgeon deposes to the pots.)

I missed the pots about eleven o'clock the same day, before I saw the constable; my name is on them; the pots are mine; I never sold any of that description.

PRISONER's DEFENCE.

I found these pots at the corner of Long-lane; I met an acquaintance; he asked me to take part of a pint of purl? I said I had no objection: I went into Bolt's and there Mrs. Bolt accused me; I said I had nobody's pots but Mr. Pidgeon's, and I am going to take them home.

GUILTY .

Transported for seven years .

Tried by the London Jury, before Mr. RECORDER.

24. SARAH WHITLOCK was indicted for stealing, on the 19th of November , one copper tea-kettle, value 2 s. and two quart pewter pots, value 1 s. the goods of William Chambers .

SARAH CHAMBERS sworn.

We lost a tea-kettle and two quart pots; I found them on the prisoner in the wash-house; she was a stranger; I saw she had a parcel in her apron; I asked her what she had there? she said, nothing belonging to me; I insisted on seeing what she had got.

WILLIAM STEPHENS sworn.

I only produce the things.

GUILTY .

Fined 1 s. and imprisoned six months .

Tried by the London Jury before Mr. RECORDER.

25. JOHN SMAY was indicted for stealing, on the 29th of November last, four yards of muslin, value 6 s. and one yard of calico, value 1 s. the property of Rebecca Sale , spinster .

REBECCA SALE sworn.

On Tuesday, the 29th of November, about the middle of Fleet-street , the prisoner at the bar snatched the things mentioned in the indictment from under my arm, and ran away; I pursued him, and saw him throw the parcel down; the prisoner never was out of my sight; I am quite clear that is the man.

A CONSTABLE sworn.

I produce the goods; I have had them ever since.

(Sale deposes to them.)

HENRY HORSFALL sworn.

The young woman was pursuing the prisoner; he threw a paper parcel away; I told her to pick it up; I pursued him and took him.

PRISONER's DEFENCE.

Please you my lord, I was coming up Fleet-street, and I saw a congregation of people assembled, and I went to see as another might do, and they took me up.

He called one witness.

GUILTY .

Fined 1 s. and imprisoned one month .

Tried by the London Jury before Mr. RECORDER.

26. JOSEPH LOCKLEY was indicted for stealing, on the 28th of November last, one ounce of wool and beaver, value 1 s. the property of Thomas Ley .

THOMAS LEY sworn.

I am a hat-maker . On the 28th of November, the prisoner came to work as usual; I gave him his work as usual; he took it up in the garret to bow it; I happened to examine it, and found that he had taken some beaver, and that he had taken out of the body, some material articles, to replace the beaver, on missing it, I sent my son to order him down stairs; I told him I suspected he had robbed me, and desired to know whether he would suffer me to search him: the constable came; he was searched by force at first; at length he consented, and we found this beaver; he then fell down on his knees, and said, the coney wool I bought of a journeyman; the beaver is yours; I cannot be positive to the coney wool.

- EVANS sworn.

I am a constable. I was sent for to take charge of the prisoner; I produce the materials.

PRISONER's DEFENCE.

My lord, I had three rabbit-skins at home, which I intended to convert into a hat for one of my children.

The prisoner called his master and two more witnesses who gave him a good character.

GUILTY .

Recommended by prosecutor, having a wife and three children.

Fined 1 s. and imprisoned twelve months .

Tried by the London Jury before Mr. RECORDER.

27. JOHN DICKEMAN and JOHN HEYTER were indicted for feloniously stealing, on the 4th of November , eight live ducks, value 8 s. the goods of George Mutter .

GEORGE MUTTER sworn.

I am a farmer . The ducks were lost on Friday evening, the 4th of November; I live at Willsden ; I saw them on the 10th following, at Bow-street; I know the ducks to be mine; there were two alike; they had black feathers round the breast; there were two drakes, one old one and one young one; they were all alive when I lost them.

JOHN CRIDLAND sworn.

I am a patrole belonging to Sir Sampson Wright. On the 4th of November, in the evening, about seven o'clock, I was on the Kilburn road; I met with the two prisoners at the bar; they were coming towards town; I suppose this might be three miles from Mutter's house; I stopped them, and asked Dickeman what he had there? he said, ducks, and had bought them at Kensington; I said, this is not the way from Kensington; I found four ducks on him; he said he bought them out of a country cart; I took them into custody, and placed them in the watch-house; there were sixteen snares for catching hares, and a brass candlestick, found on Dickeman.

- BAKER sworn.

Deposed to the same effect, only that he understood Dickeman to have said he bought them at Kilburn, instead of Kensington.

PRISONER DICKEMAN's DEFENCE.

I was coming along the road, and met a man with a basket of ducks; this young man bought four ducks for four and sixpence and a pot of beer; I came up behind, and bought the other four.

Cridland. On my return, I took them into a new public-house; he never pointed out any person of whom they bought them.

PRISOEER HEYTER's DEFENCE.

I bought the four at Kensington.

BOTH GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

28. JAMES DOLAN was indicted for stealing, on the 8th of November , a chair-cushion, value 5 s. the goods of William Barton .

WILLIAM BARTON sworn.

I am a chairman . I lost a chair-cushion on the 8th of November, from the King's Head, Albemarle-street ; I heard my chair move, and went out, and saw the prisoner run away with this cushion under his arm; I pursued him, and called stop thief! the watchman got hold of him; he never was out of my sight, nor was he ever ten yards from me. (Produces the cushion and deposes to it.) The prisoner threw the cushion away; I am certain he is the man.

Prisoner. I leave myself to the mercy of the Court.

GUILTY . Whipped .

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

29. JAMES FAGAN was indicted for feloniously stealing, on the 12th day of November , eighteen bushels of coals, value 12 s. the goods of Thomas Fletcher .

And MARTHA LAMBERT was indicted for feloniously receiving the same, knowing them to have been stolen .

(Mr. Knowles opened the case.)

RICHARD SLOANE sworn.

I am servant to Mr. Fletcher. I took down some coals on the 12th of November, to Execution Dock; I left the delivering a note to Fagan, and desired him to put the barge in, and deliver the coals, as soon as it was high water; on Saturday night, about eight o'clock, I again saw the barge; on Sunday morning, I went on board, and missed coals out of the middle room and fore room, but none out of the stern-room.

Mr. Garrow, Prisoner's Counsel. I take it for granted, there was a great deal of the same kind of coals in the pool? - Yes.

Fagan has been accustomed to this business? - Yes.

JOHN HUMPHRIES sworn.

I am foreman to Mr. Fletcher. On Sunday morning, I went and discovered the barge had been robbed: on Monday morning, I went to Fagan's lodging; he was in bed; when they told him I was come, he said, lord have mercy! what could induce me to do this? he never denied it: he was taken before the magistrate, and was committed.

THOMAS TERRY sworn.

I am a waterman. I saw Fagan and two others at work in a barge belonging to Mr. Fletcher, in the evening of the 12th of November, between six and seven; they carried some coals to Green Bank, to a green-stall; I saw nine sacks taken away, after which they went away; Fagan filled up; I helped up one sack.

Mr. Garrow. How much did you receive for your share? - Nothing.

WILLIAM ELBY sworn.

I am an officer at Shadwell. I went to Mrs. Lambert's, at Green Bank; we went into the shed; Mr. Humphries was with me; he said, where did you get them? she said they were brought her at one shilling a bushel, as sweepings.

Prisoner Fagan said in his defence, that he never left the barge; and the coals he delivered, he thought was for the completion of his orders; that when he went on shore, a man in the tap-room threw down four shillings, and told him to take it, which by much persuasion he did, but could not judge what they were given him for, till he was apprehended.

MARTHA LAMBERT, NOT GUILTY .

JAMES FAGAN , GUILTY .

The jury recommended him on account of his age.

Fined 1 s. and imprisoned six months .

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

30. EDWARD BARNES was indicted for feloniously making an assault upon the king's highway, on Thomas James , on the 14th of November last, and putting him in fear, and feloniously taking from his person, and against his will, one guinea and five shillings, his property .

THOMAS JAMES sworn.

I am an attorney in Stamford-street, over Black-friar's-bridge. On the 14th of November last, I went up to Piccadilly about four in the afternoon; I had occasion to go to receive 152 l. of the father of the prisoner; his father kept a public-house opposite St. James's Church; the 152 l. was for the debt and costs of a judgment in an action in which I was concerned; I saw the father; he asked me to walk into a parlour; I staid with him some time; he told me he expected to receive the money by six o'clock, to pay me between six and seven; I had been previously to Westminster, and had not dined; and drinking some rum and water, I found myself exceedingly intoxicated, and desired a coach might be got; a coach was got; it might be about seven or eight o'clock; I directed the coachman to drive me to my own house; I am not certain, but pretty sure, nobody was with me in the coach; I found, instead of driving me home, they drove me to a house in the Strand; I was alone in the coach; I do not know whether I told the coachman to stop in the Strand, but he said I ordered him to do so; the coach stopped at a public-house near St. Clement's Church; as far as I can recollect, I was angry with the coachman for stopping; words ensued between me and the coachman; I went into the public-house; the coachman was there; I came out afterwards to get into the coach, between Piccadilly and the Strand ; the prisoner got into the coach; I recollect that he was on the coach-box, and it rained; he says, and so does the coachman, that I invited him into the coach; I think I did not, but am not certain; the prisoner was in the public-house, and so was the coachman; I do not know how long we staid, orwhat liquor we drank; the coachman and the prisoner came out of the house with me, when I came out to go home, which was my intent; the prisoner and others began pushing and hustling me; he said (the prisoner) that I had robbed his father of 152 l. he gave me a great deal of abusive language; I observed, on a sudden, that some of my money tumbled down upon the stones, out of my pocket; my pocket was turned inside out; I saw part of the money on the stones; I stooped to pick it up; when I put my hand upon the money, the prisoner put his foot on the top of my hand: I was obliged to take it away; on my second attempt to pick it up, he pushed me away; he put his foot on the money; he stooped down, and picked up some of it; I am not sure, whether all; I called out that I was robbed! some people came up, and desired that he would be content with robbing me, without abusing me; I rob him! says he; not I; he has received 152 l. of my father, and has got it in his pocket now; he was taken to the watch-house; I had half a guinea and some silver; I had changed a guinea at Westminster; I had no money left in my pocket, nor can I say exactly what I lost; when he was taken to the watch-house, I told the constable I had lost half a guinea and some silver; he was searched, and half a guinea and four and six-pence, or five shillings, was found upon him; whether it was mine, I could not say; he was asked how he came by the money? he said he had sold clothes, as much as came to fifteen shillings; the next morning he wanted clean linen; the constable went to the prisoner's trunk; and when he returned, he asked him how he came to pledge his breeches for a shilling on that day? he then said he was not bound to give an account there; before the justice he said I had given him the money.

Mr. Peat, Counsel for the Prisoner. You came to the watering-house about eight o'clock? - I believe so.

Did you go immediately into the public-house? - I do not know.

There are a number of women of the town about this place? - I do not know.

There were several people round you? - Yes; but none was near, or so near as the prisoner, when my pocket was turned out; it was him who hustled me.

THOMAS TALBOYS sworn.

I live facing Arundel-street, Strand, with my father; he is a hair-dresser; my mother sent me out between nine and ten on an, errand; and as I was coming back, I saw Mr. James, and Barnes, the prisoner at the bar, and the coachman, between my father's house and the colour-shop; the prisoner made a lunge at Mr. James; I saw him put his right hand into Mr. James's right hand pocket, and he turned it out, let some of the money drop, and some he catched in his hand; I saw Mr. James stoop, and I saw the prisoner put his foot upon Mr. James's hand, and pick it up; the prisoner said, I will be damned if he has not the 152 l. about him. A constable was sent for; the prisoner was taken to my father's.

JAMES TALBOYS sworn.

I am beadle. I was at a friend's house, and was informed there was a great riot at my door; I came home directly: I saw a great number of people assembled in a very riotous manner. Mr. James said, this man had robbed him, and ill-treated him; in order to avoid the croud, I took them into my shop; the prisoner said, you damned scoundrel, I rob you! you have got 150 l. and upwards, which you had of my father; Mr. James said, you are a bad fellow; you know I know you are a bad fellow; and the prisoner struck him, and closed up one of his eyes; I got between them; he again struck Mr. James on the breast; I then sent for two constables.

HENRY LANGSTON sworn.

I am a constable. I was sent for between nine and ten on the 14th of November, to a house, the sign of the Angel and Sun, to take this man into custody; Itook him to the watch-house; I searched him, and found half a guinea and four or five shillings.

PRISONER's DEFENCE.

On the 14th of November, about six o'clock, I called at the George in Piccadilly; the boy said, your father is in the parlour; going into the parlour, I saw Mr. James coming out; I said, how do you do, Mr. James? he said, are not you Mr. Barnes's son? I said, yes; I called him on one side, and asked him to lend me a shilling or two; upon this he put his hand into his pocket, pulled out his money, and gave me half a guinea and four shillings; I said, I do not want so much; he said, poh, poh, keep it; I am going to receive a sum of money of your father; nothing more occurred for two hours; Mr. James came out of the parlour again, and was going into the street into the coach; he was put into the coach, and the coachman asked him where he was to drive him to? he was so drunk he could not tell him; I said, he lives on the other side of Black-friar's-bridge; my father was in liquor, and could not tell the coachman where to drive Mr. James to; the man that keeps the public-house, said to me, Ned, get upon the coach-box, and see him home; I said, I do not rightly know where he lives; I got upon the coach-box, along with the coachman, about one hundred yards; Mr. James called me then, and said, Barnes, come in the coach, it rains; I told the coachman not to mind him; he then called out, God damn you, stop; the coachman got down, and let him out; he made me get in before him; we went to the sign of the Sun, near St. Clement's; there we both got out; as soon as I got into the house, he, without any provocation, struck me in the mouth, and knocked out one of my teeth; I struck him on the nose, and he fell behind the grate; the coachman asked what all that was about, and asked for his fare, which was seven or eight shillings; he refused to pay it, and said he did not hire the coach; then we shook hands; but afterwards the coachman and I gave charge of him for assaulting us; they took me down a court to the watch-house; they put me up stairs; I had a bed, for which I paid a shilling; Mr. James was brought in soon after; and he had a bed in the next room; he broke the pannel of the door, and I crept under the bed for fear, as he said he would be the death of me.

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

GUILTY of stealing, but not violently from the person .

Fined 1 s. and imprisoned one month .

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

31. JAMES WYNN was indicted for stealing, on the 5th of December , twelve pounds of cheese, value 6 s. the property of Joseph Cox .

JOSEPH COX sworn.

I live in Tottenham-court-road ; I am a cheesemonger . Last Monday evening, about seven o'clock, as I was standing about four doors from my own house, I saw the prisoner Wynn and another go past the shop; my shop-windows were lighted up; they made a full stop, and looked round; then went on; I had not been out five minutes; after they went several times back wards and forwards; James Wynn was going into the shop; I was standing on the path, not more than ten yards from my own house; I was eating some oysters; a man came up, and went into the shop; the prisoner then went away two doors beyond the shop; I still kept standing in the same situation; as soon as the man went away, in two minutes, the prisoner and his father came past the shop, two doors nearer to where I stood; they looked round, andthen the prisoner went into the shop; and the person who was with him, stood looking through the window; as soon as I saw them in the shop, I went up to the shop, and met the prisoner coming out with this half cheese in his hand; the other set off directly; I seized the prisoner by the collar; he was scarcely off the step; he said, Sir, I hope you will not be affronted, I want six-pennyworth of halfpence; it stood about an arm's-length from the door, upon a pile of cheese; I placed it there the same day. (The cheese produced and deposed to.) The weight is about twelve pounds; it cost six-pence per pound.

GUILTY .

Transported for seven years .

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

32. JOHN JONES was indicted for feloniously stealing, on the 13th of November , forty pounds weight of lead, value 5 s. the goods of William Merrick .

WILLIAM MERRICK sworn.

I live in Swallow-street, Piccadilly . On the 13th, my servant called me, and told me he had taken the lead stealers; it was lost off a sky-light; I was called between one and two; I went to the watch-house, and found the prisoner in custody, his father, and brother; the lead was taken to the watch-house; I gave charge of the prisoner.

JOHN SMITH sworn.

I am servant to Mr. Merrick. The lead was missed from the shop in Grosvenor Mews; I lived there. On the 13th of November, about a quarter past twelve at night, I was called up by the lodger, who said there were people stealing lead; I went on the top of the house, and missed the lead from off the sky-light; I went to the swatch-man; I did not hear any noise myself; I suspected the lead was put into the adjoining house; when I was getting upon the tiles, there was a little fresh dirt; from the sky-light to the next house, is about twelve feet; there is a fixed ladder to the trap-door, and the trap-door was standing wide open; I went down the ladder, and knocked at the door of the prisoner; it was some time before he answered, or before they opened the door; the father of the prisoner wanted to know who was at the door? the watchman told him there was some lead missing; the father opened the door, and said, there was no lead there to his knowledge; the watchman went in, and I stood at the door; the lead was found in a room where the prisoner slept; there are three apartments; the father has two, and the prisoner one; the prisoner was in the room where the lead was found; there was nothing found in the first or second room; the lead was found on entering the door; the watchman found it first; the prisoner was in bed; I had not seen him during our search before; the prisoner said, good God! how did the lead come here; the prisoner had only his coat off; then we took the prisoner to the watch-house, and his father and brother; I went directly, and called my master.

Prisoner to Smith. Which room did he search first? - The father's, which was the first we came to.

WILLIAM GENT sworn.

I am a watchman. Deposed to the same as the last witness.

THOMAS HEMMING sworn.

My lord, I was calling the hour, half past twelve, in New Bond-street: I heard the sound of a rattle, and ran to my partner's assistance: that is Mr. Gent: I went up to the place where the father's apartments were, and found Mr. Smith and Gent on the outside of the door: there was no fastening to hinder my getting in: the father came to the door, and the watchmantold him he had suspicion there was some lead in the apartment; the watchman said, if you know yourself to be honest and clear, open the door: he said, by all means: nothing was found there: I went afterwards to the room where the prisoner was: I do not think it was fastened: he opened the door: he said to me, you are welcome to search any where: just as I came up to the door, I saw him covering something with a rug: I went and took the rug off, and threw it on the foot of his bed: a parcel of lead lay in a wine-basket: I said to my comrades, you need not look any farther; here is the lead: I took it out of the basket, and laid it down on the floor: I asked him how the lead came there? he seemed to hem and hah: he said a man brought it to the step of the door about half an hour before, and asked him to keep it till Monday morning: he was then asked how he could think of taking such a thing into his apartment? he said he did it out of good nature to the man: then we took them all three to the watch-house: I have had the lead ever since: it was before the magistrate: (produces it): he had his coat off, and I think, his stockings and shoes.

Smith. I tried the lead to the sky-light: this is the lead last lost: I nailed it on myself: the heads of the old nails were decayed. (Produces three nails.) I made these nails myself.

Jury. I think you said there was one nail left in the wood? - There was.

PRISONER's DEFENCE.

I was coming home late on Saturday night: I met a helper on the stair-case, who asked for a coachman? I told him he was not there: then he asked me to let him leave that bundle till Monday? I said, yes, and welcome: he put down the bundle, and I went into the next room to get a tinder box: I had no sooner struck a light, than five or six people came in.

Court to Smith. When had you last seen this lead safe? - The same afternoon, about three o'clock: I made a point of seeing the place every day.

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

GUILTY .

Transported for seven years .

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

33. ANN JONES was indicted for feloniously stealing, on the 22d of November , one pair of linen sheets, value 4 s. the goods of Thomas Clark ; and one linen gown, value 5 s. and two half cotton shawls, value 1 s. the goods of Elizabeth Schafflin .

ELIZABETH SCHAFFLIN sworn.

I lost a linen gown, and two half cotton shawls; a pair of linen sheets were lost off the apprentice's bed; I had seen them an hour before they were stolen; I saw the woman go down stairs with them; I ran after her, and catched her in the next street; I never lost sight of her; she said that a young man had sent her for the sheets to wash; she had them loose in her apron; I can swear to all the articles.

(Produces and deposes to them.

GUILTY .

Fined 1 s. and imprisoned six months .

Tried by the first Middlesex Jury before Mr. RECORDER.

34. THOMAS COOK was indicted for stealing, on the 12th day of November , one carcase of mutton, value 12 s. the goods of James Phillips .

JAMES PHILLIPS sworn.

I lost a carcase from my door; I saw it at my door about twenty minutes before eight in the evening of the 12th of November; it was stopped on the back of the prisoner, in Old-street, about 200 yards from mydoor; I know it was my sheep; it was scored with a long score all down the side.

A WITNESS sworn.

I dressed the sheep, and hung it out upon a hook; I swear to it by my mark, I could know it from a thousand.

- BRISTOW sworn.

I am an apothecary; I pursued the prisoner; he had a carcase upon his shoulder; I took him about 200 yards from the prosecutor's house.

- COOPER sworn.

I was one that stopped the prisoner, with a carcase of mutton on him.

JOHN GASS sworn.

I only know the taking him before the justice.

PRISONER's DEFENCE.

On the 12th of November I saw a man with a sheep on his shoulder; he said, if I would carry it for him, he would satisfy me for it; the man walked before me; and when I was stopped, one of the witnesses said, why don't you look after the other man?

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

35. THOMAS LEWIS and RICHARD BEVIS were indicted for feloniously stealing, on the 1st day of December , 70 lb. weight of lead, value 5 s. the goods of Sir David Lindsay , Bart. fixed to a certain building of his, against the statute, and against the King's peace .

MARY FAULCONBRIDGE sworn.

I live at Mr. Dorien's, No. 10, Cavendish-square; I know the lead was safe on the water-closet of Sir David Lindsay 's house at four o'clock, the 1st of December; it was gone before nine the same evening.

RICHARD SCOTT sworn.

I am a patrol in Cavendish-square : on Thursday the 1st of December, between six and seven, I saw several people lurking about; I saw three or four people coming out of Sir David Lindsay's garden; I rushed forward, and hallooed, thieves! I sprung my rattle; the servants came, and brought me a candle and lanthorn; I found Bevis hid down the necessary; I took him out, and took him to the watch-house; I found the lead on Mr. Dorien's premises; I fitted the lead; it matched exactly.

(Produces the lead.)

EDWARD BATES sworn.

I am a patrol; I and Richard Nutter found thirteen pieces of lead.

JOHN SEXTON sworn.

I apprehended Lewis in Sir David Lindsay 's stable; it was not locked; he was laying under the manger, pretending to be asleep; he asked what was the matter.

RICHARD NUTTER sworn.

I am a watchman; I found this knife open upon the lead.

Bevis. I heard a noise, and went to see what was the matter.

Lewis. I had been to a feast of my master's, I was drunk, and a coachman told me to lay down in the stable till he should come and let me out.

THOMAS LEWIS , GUILTY .

Transported for seven years .

RICHARD BEVIS , NOT GUILTY .

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

36. JAMES LAWLER was indicted for feloniously stealing, on the 16th day of November , one cloth coat, value 8 s. the goods of John Flynn ; one cloth coat, value 5 s. the goods of Thomas Bryan ; andone linen shirt, value 2 s. and one pair of nankeen breeches, value 2 s. the property of James Carty .

JOHN FLYNN sworn.

I live in Petty France ; I am a blacksmith ; the clothes were in a room where M'Carthy, Brian, and Ward slept; the prisoner came to the house, and lodged two or three nights; I found my coat again; the pawnbroker had it; there were two beds in the room I slept in.

THOMAS BRYAN sworn.

I am a bricklayer's labourer ; I lodge in Petty France; I lost two waistcoats, a coat, and breeches; I missed my breeches, and other things, on Wednesday, and found them again on Friday night.

JAMES CARTY sworn.

I am a bricklayer's labourer; I lodge with Bryan and Flynn; I lost a shirt and breeches, I lost them on Wednesday; I never found them since; he confessed he stole them.

- GREEN sworn.

I am servant to the pawnbroker; I produce two coats; I took them in on the 16th of November, of a man who called himself John Smith ; it was about seven or eight in the evening; I cannot take upon myself to swear to the man, but I think I have seen him; I lent 7 s. on them.

(Produces the two coats.)

(Flynn deposes to a blue coat, Bryan deposes to a black coat.)

CHARLES MORGAN sworn.

The prisoner was brought to St. Giles's watch-house; we took him before a magistrate; when Bryan came, he said he had lost a razor; I searched him, and found a razor upon him.

Bryan. This razor was in my coat pocket when I lost it.

(The razor produced, and deposed to.)

DANIEL HOGAN sworn.

On the 18th of November I took the prisoner up on suspicion of robbing these two men.

Prisoner. I had been to sea; I went to this lodging-house, where I had lodged a year and half before; they were very glad to see me; I know no more of it.

GUILTY .

Whipped , and imprisoned three months .

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

37. EDWARD BRYAN was indicted for stealing, on the 8th of December , one surtout coat, value 10 s. the goods of William Higgs .

(The witnesses examined separate.)

WILLIAM HIGGS sworn.

I am a taylor and salesman ; I lost a coat on the 8th of December, about four o'clock; I missed a coat, and turning about I saw the prisoner running up Lascelles-place with the coat under his arm; I pursued and took him; I never lost sight of him.

PRISONER's DEFENCE.

I was coming up, and saw a crowd; a man said, if you will take my comrade's coat into a publick-house, I will give you a pot of beer; I had no sooner got it under my arm than this gentleman seized me.

GUILTY .

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

He was permitted to enter for an East-India soldier.

[No punishment. See summary.]

38. ROBERT TIRESMAN and WILLIAM IZZY were indicted for stealing, on the 2d of November last, a wooden cask, value 5 s. and 36 gallons of yeast, value 16 s. the property of Felix Calvert , Robert Ladbroke , William Whitmore , Robert Calvert , and Charles Calvert : And THOMAS WATMORE was indicted for feloniously receiving the same, knowing it to be stolen .

(The case opened by Mr. Garrow.)

(The witnesses examined separate.)

RICHARD DIGGINS sworn.

I am a watchman of the ward of Aldgate; I have seen the prisoner Watmore once, and the other two a great many times; I was directed to watch the two first prisoners; about the beginning of November I saw them come through Aldgate High-street into Whitechapel, that is the road from Tooley-street to Petticoat-lane; they had a sledge with no wheels, and a barrel, and a tub like a half barrel; I spoke to John Jameson ; I did not go to Watmore's house; I went where they went to on the return along Fenchurch-street, Fish-street, over London-bridge, to Tooley-street, about half after four, when they returned, the place looked then like a brewhouse; I have since found it was a storehouse belonging to Messrs. Calvert and Co.; I observed they took a sledge and a barrel, nothing else; I observed a difference in the sound, that there was something in the barrels as they came towards Petticoat-lane, and empty when they returned; I took the prisoners the 19th of November, about four in the morning; the two first prisoners were coming again along with the sledge, and a barrel and tub upon it, as usual; I jumped across, and stopped the horse; Tiresman asked me what right I had to stop it; I told him I understood it was spirits or gin; he said, no, nothing but yeast from Mr. Calvert's; I said it was my duty to stop him; if he would go to the watch-house, we had officers that were looking after smugglers; he said, we will go back, and leave the sledge here; I said no, and they went with the sledge to the watch-house; they walked in; they saw no officers; I told them they would be there presently; with that, Tiresman says, we may as well shoot this barrel down here, and go for another turn, and by that time your officers will be come; I went and fetched the beadle, and the prisoner Tiresman shewed us a key of a storehouse, marked Rupert-street, Whitechapel; we told him he had better tell where he brought it from; he said, from Mr. Calvert's; the prisoners were secured; in the barrel there was yeast, and nothing in the tub, that I look upon to be a receiver; I did not go to Watmore after the 19th.

JOHN JAMESON sworn.

I am a watchman in Aldgate High-street; I remember, the beginning of November, seeing the two first prisoners with a sledge; they went into Boar's-head court, Petticoat-lane; they came out about a quarter of an hour; I did not like to go into the court, it is a very bad place; Mr. Watmore lives in the court, but I do not know the house, or the number; they came back again with an empty cask, because it rumbled and tumbled on the sledge, and before it was solid and steady.

THOMAS PINNER sworn.

I am the constable of the night; I was in bed; I took the charge; they had a cask of yeast, containing 36 gallons, which they said they brought from Calvert's.

WILLIAM BOX sworn.

I am a constable; I went to a house in Petticoat-lane, where Flood lives, in Boar's-head yard, the 19th of November; Flood works for Watmore; I saw Watmore and Flood at Mr. Flood's, putting a cask down a cellar; I took no notice; I went and fetched Mr. Read, and we went back and found the same cask in the cellar; nothing else was in the cellar but the cask.

JAMES READ sworn.

I am storehouse-clerk to Messrs. Calvert and Co. the prisoner Tiresman and Izzy's business was to carry yeast; the value of a cask of yeast is 16 s.; they had no business to carry it to Rupert-street, but to Thames-street; seven in the morning is time enough;they certainly had no orders to carry any on the 7th or 8th, or on the 19th; I went to Flood's house, and saw a cask in the cellar; it is the property of Messrs. Calvert and Co.; we sell none of that kind; one and has Felix Calvert and Co.; the value of it is 5 s.

JOHN HOLDBEACH sworn.

I am an attorney. (Deposed to the firm.)

(The two first prisoners called seven witnesses, and the last prisoner called eleven witnesses, who gave them very good characters.)

ROBERT TIRESMAN , WILLIAM IZZY ,

GUILTY .

Transported for seven years .

THOMAS WATMORE , NOT GUILTY .

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

39. SARAH PARIS was indicted for stealing, on the 18th of November last, a printed bound book, entitled and called Bell's British Theatre, vol. 14, value 2 s.; another bound book, called The Political Works of Lord Littelton, with the life of the author, value 6 d.; three shirts, value 6 d. two handkerchiefs, value 12 d. one leather case, value 1 s. one tooth-brush case, value 1 d. one glass decanter, value 3 d. one glass goblet, value 1 d. one glass tumbler, value 1 d. two wine glasses, value 2 d. a desert knife, value 2 d. and a piece of linen cloth, containing two yards and a half, value 2 s. the property of Sir Charles Asgill , baronet .

Mr. Akerman. My lord, this poor woman seems very big with child, and she begs to sit down.

Court. By all means.

Sir CHARLES ASGILL sworn.

The prisoner came to live with me the 29th of January last, as house-maid , and remained in my service till the 11th of June following; I discharged her on my going abroad, giving her permission to stay till she got a place; she behaved extremely well, so well, that I should have continued her in my service, if I had not gone abroad; after my return, I missed things every day, as I wanted them; I did not miss the articles in the indictment particularly; I got a search-warrant, and found some of the things in the indictment at her lodging, in Little Ryder-street; I was present at the search-warrant with Townshend and Carpmeal; the two bound books, and every thing in the indictment, the articles of glass, correspond with those I have in my own house now: the shirts were found on a man that I supposed to be her husband, I do not know whether he is or not; he is servant to Colonel Tarleton ; I found one shirt on his back, and the other in his possession, which he said were delivered to him at my house by the prisoner; his name is William Turnbull ; I am induced to think it was extreme poverty which drove her to it, for she is with child, and has another, and the supposed father was absent; I had the best character with her.

CHARLOTTE PAYNE sworn.

I lived in the service of Sir Charles Asgill ; the prisoner lived in the house with me; I know nothing about this robbery; I always thought her very honest; I went with Sir Charles to search her lodgings, and the articles he mentioned were found there in her box.

GEORGE SKINNER sworn.

I am Sir Charles Asgill 's servant, and had the care of his glasses and linen; there were a great many missing, but I cannot say to what amount; I was not at her lodging.

JOHN TOWNSHEND sworn.

On the 18th of November, I, in company with Carpmeal, went to a greengrocer's, in Ryder street, to search the prisoner's lodgings; Sir Charles owned someof the glasses, and two handkerchiefs, and a piece of cloth; then Sir Charles and me went to Clarges-street, to Colonel Tarleton 's, and searched a man who we were informed was the husband of the prisoner, and we found one on him, and he readily gave up the other two; he said the prisoner, whom we thought was his wife, gave them to him at Sir Charles's house; the pocketbook I took out of the prisoner's pocket, at Sir Charles's house, which is Lady Asgill's thread-paper: the man's name is William Turnbull ; he is here.

(The things deposed to by Sir Charles Asgill .)

HENRY BAKER sworn.

I am a linen-draper; I made the shirts; I keep a warehouse for ready-made linen; I can positively say these three are part of six shirts I made for Sir Charles Asgill the 9th of June last.

WILLIAM TURNBULL sworn.

I am a servant of Colonel Tarleton 's; I am not the husband of the prisoner.

You cohabited with her? - I have been in her company: these shirts I had from her.

Court. It is impossible for you to accept new shirts, that had never been worn, without knowing that they were come dishonestly by; therefore you might have been indicted as a receiver: you must behave better for the future.

Sir Charles Asgill . My lord, I beg leave to observe, that I was induced to be lenient to this man, in hopes that he will take care of the children.

Court to Turnbull. You appear in a very bad light indeed.

Court. Would the poor woman say any thing in her defence?

Prisoner. I lived at Sir Charles Asgill 's only a month, and made the shirts, and my mother; I was distressed for lodging, and came to Sir Charles's; I made the three shirts in the country; I brought them to Sir Charles Asgill 's house.

Baker. There was a mark of C. A. 1. 2. some are taken out, and here are the remains, a very small part.

Court to Prisoner. You had better tell the truth; it will be of more use to you.

Prisoner. None of my friends knew that I was in trouble.

GUILTY .

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

Sir Charles. My lord, I beg leave to recommend her strongly to mercy.

(She was also recommended by the Jury.)

Court. Sarah Paris , you have been indicted and convicted of a felony, in stealing a quantity of linen, and other things, the property of Sir Charles Asgill , your master, who has very humanely recommended you to mercy, as also the Jury have recommended you with equal humanity; your situation influences me to pass on you the mildest punishment that I can pass upon you; and as I have a power, by the late act of parliament, to commute burning in the hand for a pecuniary punishment, my sentence is, that you be fined 1 s. and discharged.

40. GEORGE BANKS and ROBERT BARNES were indicted for stealing, on the 1st of October , one wooden box, value 4 d. one hempen cord, value 2 d. one pair of linen sheets, value 15 s. eleven damask tablecloths, value 40 s. twenty-eight napkins, value 20 s. one cotton dressing-gown, value 5 s. three yards of dimity, value 2 s. and three yards of wrapper cloth, value 2 s. the property of George Wood .

(The witnesses examined separate.)

- MULLINER sworn.

I am the waggoner of the Newcastle and Litchfield waggon; George Wood is the proprietor; he has no partner; I remember driving that waggon the 26th of September; I took up the box, and had it booked, at Litchfield; it was directed for Mrs. Trubshaw,at Mr. Powis's, in Berner's-street, No. 28; I saw the box every day, coming along; the last time was at the Crown, at Holloway; I stopt there, and saw it safe; the waggon went on; Gadsden, the guard, drove the waggon on; I should know the box.

JOHN GADSDEN sworn.

I am guard to the Newcastle and Litchfield waggon, and was so in September last; I remember the box in question, and should know it again, but am no scholar; as I got to the Pyed Bull, at Islington, a gentlewoman informed me my waggon was robbed, and I missed the box.

SARAH MILWARD sworn.

On the 1st of November, between three and four, the field next to where I live, the two prisoners were in there, and laid themselves flat on the bank; and the prisoner Banks, I saw him go down the bank, behind the waggon, into the road; the other man is not the other prisoner, but he went over the stile; I thought they were waiting for passengers in the waggon; I looked at him, and he looked at me; I saw him jump up and untie the string, and then get into the waggon; when he got out, he had nothing; he walked on a few yards, and took out a deal box, and some little parcel which dropped; he went down Chapel-street; I informed the waggoner; I should know the box as it appears, but I did not read the direction.

THOMAS COMPTON sworn.

I am a labouring man; I lodge at the Pyed Bull; I remember the robbery, and pursued up Chapel-street; I saw three men going across the field, and one had this box on his right shoulder; I got into the same field; I was alone; I called to Mr. Saddington, the landlord, to follow; and they hearing me call, the man who had the box threw it down, and they all ran away; I know the prisoners are two of the men, but which had the box I do not know; the box was delivered by me to Mr. Kaye.

WILLIAM SADDINGTON sworn.

I keep the Pyed Bull; I pursued the two prisoners, and a person of the name of Hyson; I am sure of the prisoners; I took Barnes; the other was taken by a man not here, but he was delivered over to me; they were committed; there was nobody before the prisoners.

JOSEPH KAYE sworn.

I am partner with Mr. Harris, at the Castle and Falcon; I received a box at Justice Triquet's office, and have kept it ever since; this is the box.

(The box deposed to.)

(The prisoner called one witness to his character.)

GEORGE BANKS , GUILTY .

Transported for seven years .

ROBERT BARNES , NOT GUILTY .

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

41. THOMAS WHITTLE was indicted for feloniously stealing, on the 16th of November last, 150 lb. weight of raw cotton, value 11 l. and one linen bag, value 1 d. the property of Matthew Pickford and Thomas Pickford .

JOHN MAKIN sworn.

I am porter to Messrs. Pickford; I know the prisoner at the bar, and have employed him; as I was coming to the warehouse, at the corner of Maiden-lane, about six o'clock, I observed a man resting himself, with a bag of cotton, against the church-yard; he took it up, and went through Bell-square; he stopped there, at the sign of the Bell; I said, Tom, where are you going with this bag of cotton? I turned it, and found it was like some bags we had in the yard; he said he was employed by a man in Watling-street; I said, go and fetch him; I carried him to the watch-house.

Mr. Garrow, Prisoner's Counsel. His business was that of a jobbing porter? - Yes.

DANIEL IVORY sworn.

I am a watchman; I saw the prisoner pitch the cotton off his shoulder, at the Bell, in Bell-square.

JOHN JACKSON sworn.

I am clerk to Mr. Thomas Pickford : on the 14th I entered 12 bags of cotton; they were marked regularly W. from 1 to 12; this bag was No. 12, and corresponded to the loss of one of the twelve; we went after Whittle to his lodging; we were refused admission; we broke open the door.

(The cotton produced, and deposed to by Makin.)

Prisoner. I leave it to my counsel.

WILLIAM WILLIAMS sworn.

I know the prisoner as a jobbing porter: he is a very honest man.

CHARLES SCOLDWELL sworn.

I have known the prisoner for the last seven years; his general reputation is that of an honest, hard-working man.

GUILTY .

Fined 1 s. and imprisoned three months .

Tried by the London Jury before Mr. COMMON SERJEANT.

42. WILLIAM WAYLAND was indicted for stealing, on the 17th of November , one half-hundred iron weight, value 5 s. the property of our Sovereign Lord the King .

(The case opened by Mr. Fielding.)

WILLIAM EDDINGTON sworn.

I am a constable on the quays; I stopped the prisoner with a half-hundred weight; it is the property of the King; it was concealed in a something.

JOHN STAFFORD sworn.

I am one of the appointers of the weighers; this weight (the weight produced) belongs to the King; there is no doubt about it.

PRISONER's DEFENCE.

Coming over London-bridge, a man asked me to carry this weight to East-Smithfield, and he would give me a shilling.

GUILTY .

Fined 1 s. and imprisoned one month .

Tried by the London Jury before Mr. COMMON SERJEANT.

43. WILLIAM MILLER was indicted for feloniously stealing, on the 12th of November , one wooden firkin, value 4 d. and 56 lb. of salted butter, value 35 s. the goods of Joseph Butler .

JAMES NEWMAN sworn.

I am constable of the ward of Cripplegate within. On Saturday, November the 12th, Mr. Jacobs and I crossing the bottom of Long-lane, we saw the prisoner and three others looking into the cart; Jacobs and I watched them two minutes; the boy drove the cart up Long-lane, and the prisoner and others followed, and jumped up to see what was in it; they stood still a bit, then followed the cart; opposite to Jewin-street I saw the prisoner put the firkin on his shoulder, and go up Jewin-street; I went up to him, and he threw the butter down, and ran about twenty yards; he ran into another man's arms, and I came up to him.

LAZARUS JACOBS sworn.

I am a constable; I was in company with Newman the 12th of November, between seven and eight in the evening. (Corroborates the testimony of the last witness.)

You deal in old iron, and are a Jew? - I am; have been in that way a year and half.

JOHN NEWMAN sworn.

I received this tub (produces it) of James Newman , and have kept it ever since.

JOSEPH PITTARD sworn.

I drove the cart; I know the tub, it has my master's mark; I missed it in Fore-street.

JOSEPH BUTLER sworn.

I live in Wapping: this tub is mine; it is marked No. 34, I.B.

Pittard. I had no other butter than my master's in the cart.

Prisoner. I am innocent of what I am here for, and have witnesses to my character.

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

GUILTY .

Tried by the London Jury before Mr. COMMON SERJEANT.

[Transportation. See summary.]

44. DAVID CARTER was indicted for feloniously stealing, on the 17th of November , a pair of women's stuff shoes, value 3 s. the goods of Messrs. Dixon , Clement , and Dixon .

MARY PORTER sworn.

I was standing in Mr. Clement's shop, and saw the prisoner taking the shoes; when he had got them, he walked off.

JOHN LOOE sworn:

I ran after the prisoner, and he threw the shoes into the road; I secured him, and brought him and the shoes back.

(The shoes deposed to.)

GUILTY .

Whipped , and imprisoned one month .

Tried by the London Jury before Mr. COMMON SERJEANT.

45. WILLIAM DENZELL was indicted for putting off, on the 19th day of November last, one piece of counterfeit money, called a sixpence .

Second Count, For having in his possession one other piece of false and counterfeit money, called a sixpence.

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

WILLIAM SLOMAN sworn.

I keep the Chapter coffee-house ; the prisoner came on the 19th of November, and asked for a glass of wine; I had cautioned the waiters against taking any bad money; the prisoner said he was my neighbour; when I charged him with a knowledge of its being a bad one, he came up to the bar, and snatched away the first sixpence; then he threw another away; I had him set down in the box; and these two, which I have in my hand, I found under him; one of these sixpences is the one which was first tendered to me.

BENJAMIN PORTER sworn.

I am a constable: I searched the prisoner; I found one shilling, a half-crown, and one sixpence.

JOHN CLARK sworn.

I am a moneyer of the Mint; these two sixpences are both bad; the half-crown and two shillings are bad: there is one good sixpence.

Prisoner. I sent the constable to the person from whom I received this money: he said he would come, and set all to rights; but he never came.

GUILTY .

To be fined 1 s. imprisoned one year , and find securities for two years following .

Tried by the London Jury before Mr. COMMON SERJEANT.

46. WILLIAM WHITE , otherwise GOLDING , was indicted for obtaining goods by false pretences .

THOMAS WILKS sworn.

I am servant to John Fuller ; I never saw the prisoner before six o'clock on Thursday; Mr. Fuller is a silversmith , No. 2, Smithfield-bars ; I was alone in the shop; the prisoner came in, and asked if I had any split-bone knives and forks; I told him I had; he asked the price, and I said 5 s. he said, we only give 4 s. I said, are you in the wholesale? he said, yes, I live with Mr. Ives; I knew Mr. Ives, he is an ironmonger; he said he wanted some goods for Mr. Ives, some black horn; he had read over his list, and I had almost every thing he wanted, except the carvers; he said he wanted these goods to complete an order for a captain that was now in Mr. Ives's shop; he said, as you have not got them all, I must go to Newgate-street; I said, as I have got what will nearly complete your order, you may as well take these to Mr. Ives; I then delivered him the goods chargedin the indictment; he put them into his apron, and was going away; I desired him to take an account of what he had got; after I had done so, he was again going; I told him I hoped he would not be offended, but I must send somebody with him; my boy was out, and I said I will go myself; he then threw them down on the counter, and said, I'll be d - d if they will do; I went with him to the corner of Shoe-lane; and, after many pretences to elude me, he ran down Shoe-lane.

GRAINGER IVES sworn.

The prisoner is the man that was brought to my house; I never gave him any order, or ever sent him to Mr. Fuller.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

47. JORDAN WAINE was indicted for obtaining money by false pretences from Mary Yostus , to procure a pardon for Joseph Yostus , her husband .

(The case opened by Mr. Garrow.)

May it please your Lordship. Gentlemen of the Jury. Gentlemen, you have very lately heard, from the Clerk of the Arraigns, the stress of the indictment against the prisoner, who comes before you for judgment, on the state of an indictment for misdemeanor only; and, Gentlemen, in the course of some experience in this place, attended very often with painful circumstances, I have never been called upon to lend my poor assistance to a prosecution in which I have contributed my aid with so much satisfaction as on the present occasion; because you have before you, as the evidence will prove, a man carrying on one of the most prostigate and abandoned systems of imposition on a person the last in the world on whom such a system should be practised: I am most perfectly sure, that when the facts are laid before you, that you and the whole Court, and every man that hears me, will be of opinion that banishment from this country does not reach his offences, and that all that the Court can do falls short of doing justice to him. Gentlemen, having laid hold of a poor woman of the name of Yostus, whose husband had been convicted at this place for a felony, he pretended to her that he would prepare a petition, in order to obtain the extension of the Royal mercy to that husband; he afterwards pretended he had prepared such a petition, and had laid it before his Majesty; that it had had its effect, and was then laying in the office of the noble Secretary of State, and all that was necessary now to be done was to obtain a sum of money to carry that petition from the office. One would hardly believe that depraved human nature would furnish a man with pretences to strip a miserable widow, deprived of her husband, and to strip five miserable orphan children, of every rag they had to cover them, to support himself in his vices, by amusing them with the hopes of obtaining this pardon. Besides, Gentlemen, if one considers the nature of a crime like this, there are circumstances in it that make one shudder: suppose there had been any favourable circumstances in this poor man's case, if he had fallen into honest and honourable hands, his case would have been presented to the worthy Recorder; and if there had been any favourable circumstances, it is a libel, for the first time uttered by the prisoner, that it is necessary to grease the wheels of government, as he calls it, that it is necessary to give a fee to the Clerk of the Record, the officer at the Secretary of State's office, and to all the various hands, in order to procure the extension of the Royal mercy. Gentlemen, it is right it should be stated, it is perfectly well known to us, that there is nothing necessary to obtain that mercy; but that there should appear to the Judge, who tries, favourable circumstances; and if there is any department of the Government more chastely or more honourably administred than another, it isthat of extending the Royal mercy to persons who are suitors for that mercy: but if this man had any favourable circumstances which could have been made appear, the prisoner was preventing the application of them by deluding her with a fallacious hope; therefore I am warranted to state, that a more complicated misdemeanor cannot come before any Court. Gentlemen, the day after the poor man had been convicted of stealing coals to the value of 5 s. the prisoner applied to him; he told him he should be able to procure a pardon, if he could raise two guineas; one guinea of which was to be delivered into the office of the Secretary of State (a most impudent and audacious libel!). The poor man, locked up in that strong house, sent to his wife; she was anxious to get her husband home: he told her the business would be presently done - stealing a few coals - no difficulty. He prepared a petition, shewed it to the poor woman, who approved of it, and gave it to her to get it signed by a number of her friends: then, says he, some of my friends shall sign it, and he hinted some parliamentary interest (another audacious libel!). Thank God, in this country, the Royal mercy is not dealt out on such terms. He said, I have several names, and among the rest two members of parliament: so he took her to Whitehall, and went into some office, which he said was the Secretary of State's; there was somebody ready to attend on this gentleman: now, says he, I shall attend on this, day by day, till the petition is considered; and as soon as it is you shall hear from me; upon which the poor woman went home, for that time at least, happy. Gentlemen, in the course of a few days Mr. Waine found his way to her again; says he, here is sad news; you have been talking about this to somebody, and we shall be defeated; the poor woman said no, nobody could have heard of it from her; says he, there is more difficulty than I expected, I must have more money; that was the first application: then somebody had got scent of this; that she had enemies; that her husband had enemies: then there was an anonymous letter sent to Mr. Recorder: at last he found two gentlemen, very respectable men, to answer for his good behaviour; but they must have a guinea a-piece: so he went on (not to fatigue you with the variety of frauds this man practised upon her), taking the miserable pence out of her pocket, and pretending that indeed more was wanted; but he, in charity and kindness, would make up the rest: at last he told her - says he, now I have good news to tell you; I saw my Lord Grenville last night (and these people are always very intimate, you know, with great men), and Lord Grenville said, Waine, your business shall be settled immediately: says he, I do not like to come into this house; you have some enemies; they are always writing to the Recorder about it; I will tell you when your husband will come home: the poor woman began to be very uneasy; why the convicts are to be removed from Newgate on board the transport; says he, they will not remove him, for I saw my Lord Grenville, and he told me the thing was all in a train: at last he came, says he, well, I could do nothing better, I have got a conditional pardon for him, to go for an East-India soldier: this did not suit with the poor woman; says he, why so downcast? the serjeant, for a guinea, will let him go any where you please; says she, I have some friends at Windsor first; oh, says he, that is the best place in the world; still more money was procured; then the petition lay in Lord Grenville's office; nothing was to be done without money: well, Gentlemen, at last the husband is sent down to Portsmouth to the transport ship; the poor woman now began to suspect there was something very wrong indeed; she said, Sir, this is sad work; says he, do not fear, I have been down to the ship myself, and left a shilling for him, and really the smell of the ship has made me so sick (though I did not see him); cannot you lend me a trifle to get something to drink, to make me better. In short, Gentlemen, not to pursue this wicked story, the sequel is, that the poor man is now on his voyage to Botany-bay,and the poor woman is now come here before you, Gentlemen, for a resource and restitution very inadequate indeed to the great-loss she has sustained. Gentlemen, this case reminds one of a story that we crown lawyers hear very early in the opening of our profession, of an attorney who used to practise in this place formerly, and had undertaken the defence of a prisoner; the man was indicted, and he sent cash to this attorney to take care of him; but when his trial came on, he found himself deserted, without either counsellor or solicitor; he sent in great rage for the attorney, and told him his situation; he sent him word not to fear, for the Court would not try him; however, he was tried and convicted: he then sent with double haste; oh, says he, there is a flaw in the indictment, they will not pass sentence upon you; however, they did pass sentence upon him with the other convicts: then he was frightened indeed, and he sent to his friend the attorney; well, says he, you have brought me into a dreadful situation indeed! here I am in the condemned cell; says the attorney (who kept out of the way all the while himself), all is safe, do not be uneasy, they will not venture to pass sentence on you; however, sentence was passed upon him with the rest of the convicts: then he sent again, all terror and alarm; oh, says the attorney, they will not put you in the death-warrant, all will be safe; however, in a few days Mr. Recorder's warrant came down to Mr. Akerman for the execution of those convicts, and this poor man among the rest; then the poor creature, whose situation I pretend not to describe, sent to this unfeeling wretch of an attorney again; says he, for God's sake, come to me, do something for me, I am very much alarmed, for Mr. Akerman's people tell me we are to be hanged on Wednesday next; to which this unfeeling attorney, for the last time, replied, Never fear, says he, they dare not hang you; but I wish I could see them do it; for if they hang you, I will punish them very severely: so it was with Mr. Waine.

Gentlemen of the Jury, now comes the pleasant part of the picture: thank God Almighty, there is no situation, however abject, and miserable, and distressed, in this country, which, when that distress comes to be known by their superiors, is not protected: the case came to be known to the late sheriff, Mr. Alderman Macaulay, who immediately directed the poor woman to apply to Mr. Shelton, who was instructed to submit the case, as it is properly submitted, to you. Gentlemen, thank God, whilst the office is in such hands, and in such a succession of officers, there is no great danger that these things will pass with impunity: this is the first case that modern iniquity has presented to us for judgement; I know very well that it will be made a terrible example to those who have been preying but too much on the miseries of their fellow-creatures: you will feel considerable satisfaction in pronouncing on his guilt, if he is found guilty; and the Court will take care to punish, that men of the like description may not fancy, in future, that they are to sport with the feelings and miseries of the distressed.

The judgement of conviction proved by Mr. Shelton.

"Wednesday the 13th of April, 1791, before Lord Kenyon, Mr. Baron Hotham , and Mr. Justice Heath, &c. Joseph Yostus , for receiving six bushels of coals, to be transported fourteen years."

MARY YOSTUS sworn.

Mr. Garrow. You are the wife of the unfortunate man who was convicted for stealing coals? - Yes; a man left a direction for the prisoner; in consequence of which I went to him, and he promised to procure a pardon for my husband in a few days; he said he had great intercession with somebody at the Secretary of State's, and that he was not in the least afraid but he should soon have a pardon for my husband; I was very earnest to have it done, and willing to submit to any thing that he told me; hewas to have a guinea for the petition, and a guinea to give in with the petition at the Secretary of State's office; he was to call on me the next day with the petition, and I was to get my friends to sign it; he would try my friends, but he did not care whether I had any or not, as he had plenty of hands to sign it; he called on me the next day, and brought me a petition, which some of my friends signed, and some were not at home; then I went with him to some of his friends, and they were willing to sign it; then he said there were sufficient hands, and two members of parliament; he had the two guineas when he brought the petition, which was the second day; then I went with him to some office, I cannot tell what office, nor what part of the town; he gave it to some gentleman; then he said it was all right; I was very much unacquainted with the town at that time.

Prisoner. You had better state to her the situation of Lord Grenville's office, and then she can know.

Mr. Garrow. You may do that on cross examination.

Mrs. Yostus. I never was there in my life; I do not know the situation of the office.

He was to solicit this petition every day? - Yes.

Mr. Garrow. Now, my Lord, I will pass shortly over all the rest till I come to the pretensions upon which the indictment is founded.

Mrs. Yostus. He said he would take particular care to do my business; at length, my husband was removed from Newgate to the ship; I met him somewhere near Patten-court, in Fleet-street; I was quite distressed, and was looking for him; he said he was seeking for me; I told him I thought my husband was not to be sent away; he said they did not dare to send him away, but he was sent in the room of one of the men who stabbed himself, and he was sent to make up the number; he said it would be very easy to fetch him back from the ship, and then Mr. Akerman's fees on being discharged would be all saved, so that it was better than if he had not; he said he had called on Mr. Akerman, and he was very angry, because he had wronged him of his fees; the next time I saw him he bid me have good spirits, for it was easy to fetch him away, and he said he must see him; and at night he came, and said he had been within four or five miles of Gravesend, but he could not see him; he said he was very ill, at the smell of the ship, and had left a shilling for my husband: he came again, and said there was a pardon lying in the office for my husband, but it could not be got out without having two men to be bound for his good behaviour for two or three years; and that he had two men of property, but they would not be bound under two guineas, and then there would be nothing more to do: I gave him two guineas for that purpose the next day; then he came and asked me if I was ready for him, and I gave it him with all the pleasure in the world.

How did you get the money together? - By pawning my clothes, and the bed from under me: I have six children, all boys; he knew my distress, and saw all this; one of my boys had the misfortune, the very day I went with him to go to the ship, to fall down an area and break his thigh; when I returned, I found my child under the doctor's hands: the pardon was to come in a few days: a few days after this, I called at his lodgings again; he said he was doing my business, neglecting his own, as if I was his sister, but he could not get the pardon from the office: at last, he came to my apartments, and said, I have good news for you, I have a conditional pardon for your husband, to go for an East-India soldier; and he said, our labour is all lost, and the expences all thrown away; he had better have been as he was; I was of the same opinion; I asked him if there were any means of getting him off; he said yes, there were, but he knew I could not stand the expence, as I had been so much distressed before; and I asked him what it would be at the outside; he took a pen and ink, and wrote down something for 4 l. and then he could get him off from being asoldier; could arrest him, or something of that sort.

Mr. Garrow. What did he get by this last lie? - He got the value of 4 l. I sold my bed for two guineas, and pawned my buckles, and sold and pawned every thing I could make money of, but I could not raise the 4 l. I could only raise about 3 l. 17 s. or thereabouts; he said he would make up the rest for me.

You never got a pardon? - No.

Nor never would, in such hands, till the day of judgment, certainly.

Prisoner. My Lord, being deprived of counsel, I should esteem it a favour to be permitted to examine the prosecutrix.

Court. Certainly, you may ask her any questions you please.

Prisoner. My Lord, I wish to ask Mrs. Yostus how she first became acquainted with me? - A person came and wrote his name down.

Did not you come to the Red-lion, in Old-Bethlehem, and apply to me to get a petition drawn, in order to get your husband a pardon? - Yes, I did; it was somewhere by Old Bethlehem; I do not know the sign.

Was not it then agreed on for me to draw a petition for that purpose? - Yes.

After I had drawn that petition, and carried it to your house, and read it over to you, whether several of your friends, and particularly your husband's master, refused to sign the same? - Some refused it, because they did not know him, because he had been in town but a short time.

Whether or no I did not get several of your friends to sign this petition? - Yes.

After that, whether or no you did not go with me to several respectable people; the first was Mr. Evans, the wine and brandy merchant, the corner of York-street? - I said so before.

Did not you give me one guinea, not two? - You had a guinea for writing the petition, and a guinea to give in with the petition.

At that same time? - Yes.

Recollect yourself. - Yes.

Did not I desire you to meet me at the Prince William Henry 's, at Charing-cross, the next day to Good-Friday, when I brought you the petition? - I do not recollect the sign, I did meet you by appointment, and went with you to the place.

Now, Mrs. Yostus, we went into the Treasury, as I call it, and I went up a great number of stone stairs, till we came to the top of the building, to a green door; do you recollect going up a large flight of stairs? - I do not remember any thing of the door; I remember going up a sight of stairs, but I do not know what office it was.

Do you recollect, after that, my drawing a petition to the worshipful Recorder? - Yes.

You went with me, and saw me deliver it in to his lordship's servant? - Yes.

Do you recollect another petition being also drawn up to Baron Hotham ? - Yes; and you dropt it down the area, as a person said my lord was not at home.

Do you recollect my taking a letter to Lord Grenville's house in St. James's-street with you? - Yes, I went with you with all the three letters that you have mentioned.

Now, Mrs. Yostus, I shall be glad to know at what time the 3 l. 17 s. was paid to me; when was that? - You had it of me, and you know you had it of me.

It is amazing to me that you cannot recollect the day; if I pay any money, I can recollect the day. - It is not surprising, considering the state of mind I was in.

After this supposed time of receiving these different sums, did you employ me any further in the business respecting your husband? - You know I did.

Court. Then you continued to employ him afterwards? - Yes.

Prisoner. I think another circumstance, but you speak so low, but only I gain information from the learned counsel, it was when going to the side of the ship, that I came up and told you I could not see him, and you said you would go yourself? - Yes, and indeed I did go, but you had never been there.

Will you swear that? - They told me you never had been there.

But telling will not do, good woman.

Court. If you ask the question, you must take the answer.

Prisoner. Did I represent to you that I was acquainted with Captain Manning , of the Pitt, and did I go with you? - I went there with him.

Did not I use every endeavour in my power to prevail on the Captain to let you go aboard to see your husband? - Certainly you did, but it was a false pretence you made to him.

I am not talking about a false pretence, or what pretence it was; was not the Captain's orders that he should be on board on the Friday following, and if I would send a letter by you to him, you should be permitted to go on board? - That is very true.

I think you said that Captain Manning should tell you, if your husband was so unfortunate to go out in the ship Pitt, he should be liberated from his irons, and assist the cook? - Yes, he told me so.

Do you recollect a petition presented to the King? - As you said.

Likewise another to the Queen? - As you informed me.

Have not you, before and since that time, expressed that you was fully satisfied with my conduct, that I had done every thing to serve you? - It was all a pretence, for you got me no pardon.

Have you not said so? - I was not satisfied.

Court. Have you ever said that you was satisfied with him, and that he had done all he could? - Never any thing of that kind; all I said was, that he should bring my husband to me, and I should be satisfied; that was what I gave him the money for; if I had had ten times as much, I should have given it him; he said he would bring my husband to me, and he would forfeit his life if he did not.

Have you any other witnesses to prove the payments? - No; he always wished me to keep it as a secret, and so I did, or else I should not have done as I have, if I had let my friends know it.

Prisoner. My Lord, I am in an aukward situation here; this is a matter between party and party.

WILLIAM POLLACK , Esq. sworn.

Mr. Garrow. You are so good, Sir, to attend from the Secretary of State's office? - Yes.

If there had been any pardon for William Yostus , it would have come to your knowledge? - I cannot possibly charge my memory; they all go through my hands; I have carefully perused my book, which I have with me; there is no reference to the Judge, which is a previous step to the ordering of a pardon.

Therefore, of course, no pardon could have been applied for? - Certainly not.

If by any accident such pardon had been there, no fee whatever would have been taken with it, but it would have been sent to the Judge who tried the prisoner in the regular course of office? - Undoubtedly.

I mean the Secretary of State's letter? - It is the sign manual, directed to the Recorder of London, and in the country to the sheriffs.

Court. With respect to these pardons, I may have been misinformed, but I wish to know whether any person is not intitled to take that pardon out of your office? - Yes, they do.

When these are taken out, is not there a certain fee by act of parliament? - Yes, by the established fees of the office, there is a fee of 1 l. 7 s. 6 d.; that does not occur three times in a long period.

Mr. Garrow. Could it have been true that a pardon for this man, Yostus, had been laying in the office, and might be fetched away for paying the fees? - No.

Of course it is equally untrue that there was a conditional pardon? - Certainly.

Court. Supposing there had been a pardon there, and this man had paid the fee, would not he have been entitled to have it delivered to him? - Certainly, Sir.

Mr. Garrow. But in this case neither was there any pardon, any sign manual, or any reference to the Judge? - No, there is no pardon whatever granted, unless there is a reference to the Judge; and it appears,from my book, that there was no reference, and consequently could not be any pardon.

PRISONER's DEFENCE.

My Lord; the prosecutrix, Mary Yostus , came to me, to endeavour to obtain his Majesty's royal pardon for her unfortunate husband, who from the circumstances, and the nature of the case she laid down, I thought there might be a probability of obtaining the same; accordingly I made use of every method, not only by my own knowledge, but those that knew, and drew the petitions, and with care and trouble got them signed; in the next place, those different sums of money she has already charged me with; it is impossible, where there are only two people concerned in any matter of business, for one to confute the other; I may say I have not received that sum, she may say I have; I cannot clear myself any further than in denying absolutely the charge before stated; the sum of 8 l. 8 s. which sum I received at different times, on account of the different services that have been carried on in that business: now, my Lord, in the next place, this woman knew where I dwelt; the last time of that business was on the Whit-Monday; had she been agrieved any way, I should rather have supposed she would have called to know how I had succeeded in the business: Lord Grenville at this time went out of the home department into the foreign department, and the Right Hon. Henry Dundas came in; it was the mode of proceeding to petition; she did not come, being disappointed: next, it is very evident, on her own information, that there was business carried on by me after these supposed charges; and she tells you she has employed me afterwards: now, is it competent to your reason and understanding to suppose that she should put any further faith or confidence in a man to carry on any further business of that sort; it is a very clear matter to me, this is a piece of business brought with intent to answer some private purpose, and she has got some person to inform Mr. Shelton of it; he, as a gentleman, undoubtedly took up the matter to prosecute; that I admit to be very right and just; but those accusations have no ground; it is party against party; it is morally impossible, where two people are concerned, and where the business is directly between party and party; she might have as well have assured the Court that she paid me 50 l.; it was out of my power to confute her. My Lord, I have acted throughout this business with no intent, either directly or indirectly, to take advantage of this woman whatever; I did every thing as far as lay in my power in the business; and in consequence of which I must observe, that my wife was the person who got the petition to the Queen into the Countess Dowager of Effingham's family; it was sent by her, and presented; whether it had any effect, I cannot say; she got a violent cold by so doing, and has never since been able to do the domestic duties of the family: I have three children, and one of them blind: I have only to say, that, upon this charge only, were I this night summoned before the great tribunal of the awful seat of God, to answer for the deeds I have done in this life, and had no other charge to answer for, I am sure I should be perfectly happy; I am totally innocent; I never received any sum or sums of money on those pretences whatever; I have received sums of money as necessary for a person acting for six weeks, going here and there, backwards and forwards, from Shoreditch to Charing-cross, to meet this good woman at different public-houses; undoubtedly her mind was very uneasy; I put her to no expence on that account; she has often declared she was fully satisfied with my conduct: I now address myself to your candour and benevolence in this business; I am perfectly satisfied that I have done every thing to serve the woman. Gentlemen of the Jury, I trust to your discrimination and candour in this affair; I hope you will see this prosecution like to a man that builds his house on the sand, without any foundation.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

MARY GRAHAM was set to the Bar, when Mr. Baron PERRYN delivered the OPINION of the TWELVE JUDGES on her Case, which was reserved for their Decision, in the following Words, viz.

Mary Graham , you was in July sessions last tried for a felony, and convicted on an indictment for stealing two table spoons, the property, as laid in that indictment, of James Hamilton , Esquire, commonly called Earl of Clanbrassil in the kingdom of Ireland: it turned out, on the evidence, that the person who was the prosecutor of the indictment was in fact the Earl of Clanbrassil; and, after your conviction, it was objected, that the indictment ought to have been laid as the property of the Earl of Clanbrassil, and not the property of James Hamilton , Esquire: your sentence was respited on the ground of this objection, and it has been referred to the Judges; and I believe eleven of the Judges attended, and they were all unanimously of opinion; the question being, Whether the prosecutor was properly described in this indictment or not? they were all of opinion that the description was proper, that it was laid in proper form. The authorities upon which this opinion were founded were Lord Coke 316. where an indictment against Lord Sacker was by the name of Robert Coleton , Esquire; and this was held sufficient: and there are two other authorities, which my brother has given me, 2d Institute, 667, 668. on the Statute of Additions, 1 H. 5. where Dukes, Marquisses, Earls, Viscounts, and Barons, if not Lords of the Parliament of England, are called Esquires; but if Knights, they are called Nobile. 2d Hawkins, C. 23. sect. 99.

"No one can be well described by

"the addition of a temporary dignity of

"Ireland, or any other nation besides our

"own, because no such dignity can give a

"man higher title here than that of Esquire." On these authorities the Judges were of opinion that the indictment was formal and sufficient, and that you were properly convicted: Sentence will be delivered by the Recorder at the usual time.

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

Received Sentence of Death, 4, viz.

Austin John - 1

Bean Edw. alias Brown (Judgm. respited) - 19

Cluer William - 9

Foot James - 18

To be Transported for Seven Years, 28, viz.

Allan William - 17

Banks, alias Bates George - 40

Clarke George - 21

Cook Thomas - 34

Dickerman John - 27

Durham Charles - 5

Gillmore Matthew - 11

Harper Sarah -

Heyton John - 27

Jones John - 32

Izzey William - 38

Leach William - 15

Lewis Thomas - 35

Martin John - 8

Millan William - 43

Norman John - 23

Shelton Thomas - 8

Slack John - 10

Smith Robert - 11

- William - 16

Tiresman Robert - 38

Wade John - 11

Waine Jordan - 47

West Bartholomew - 12

Wheeler Edward - 21

White William, alias Golding - 46

Wilson James - 3

Wynn James - 31

To be imprisoned Twelve Months, 2, viz.

William Denzell (security for 2 years)

Joseph Lockley (fined 1 s.)

To be imprisoned Six Months, 4, viz.

Ann Jones (fined 1 s.)

Sarah Whitlock (fined 1 s)

Morgan Lewis (fined 1 s.)

James Fagan (fined 1 s.)

To be imprisoned Three Months, 2, viz.

Thomas Whittle

James Lawler

To be imprisoned One Month, 5, viz.

William Waylen (fined 1 s.)

David Carter

William Rogers (fined 1 s.)

John Smay (fined 1 s.)

Edward Barnes (fined 1 s.)

To be Whipped, 8, viz.

Charles Richmond (and sent to the Philanthropic Society), Thomas Whittle, David Carter , James Lawler, George Cowland , Samuel Jenkins , Charles Ellis , and James Dolan .

Judgment respited.

Edward Bryan

Edward Brown , alias Bean

Mary Graham

James Mannikey .