Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 01 November 2014), February 1792 (17920215).

Old Bailey Proceedings, 15th February 1792.

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 15th of FEBRUARY, 1792, and the following Days;

Being the THIRD 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 III. 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.

MDCCXCII.

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

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 W. H. ASHURST and Sir NASH GROSE , two of the Justices of his Majesty's Court of King's-Bench; Sir JOHN WILLIAM ROSE , Serjeant at Law, Recorder of the said City; and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City, and County of Middlesex.

London Jury.

William Wynch

James Hill

William Jones

John Stonard

Richard Miles ^

^ Samuel Galindo served part of the time in the room of Richard Miles , who was ill.

William Prince

George Lilly

Isaac Legay

Richard Woodhouse

Robert Milner

George Smart

James Robertson .

First Middlesex Jury.

William Woolcot

James Thompson

William M'Neal

William Wilson

Jacob Worthy

William Millar

Richard Matthews

Henry Speed

Major Slingsby

John Goodger

John Love

William Dicks .

Second Middlesex Jury.

William Jacobs

Joseph Martin

Thomas Robinson

George Brown

John Lazingby +

+ John Milburne served part of the time in the room of John Lazingby .

Robert Leicester

Christopher Robertson

Robert Thorpe

Thomas Briggs

William Davis

Richard Williams

George Booth .

107. ESTHER JANE HARDY was indicted for feloniously stealing, on the 4th day of February , seven yards of printed cotton, value 14 s. the goods of James Somerset , privily in his shop .

WILLIAM HILTON sworn.

I am shopman to James Somerset . On the 4th of February, between six and eight o'clock in the evening, Saturday, I was in the shop, and a boy who takes out parcels,and no one else. This woman came into the shop, and asked for half a yard of linen cloth, which is here, and paid for it. After she asked to look at some printed cottons for gowns; I shewed her a vast number. She then asked to look at several other articles, and made as if she meant to purchase them, but with no intent to pay for them. She agreed for them, and had them cut off from the pieces. The last thing of all she looked at was some check for aprons, and I shewed her at least twenty pieces; and I was looking for a measure, she run immediately quite out of the shop. I jumped over the counter, and went after her, not thinking she had got any thing; she had got near one hundred yards, and fell down; I got up to her, and on taking her up, she said she had lost it; I asked her what she had lost, and from under her I took this piece of cotton. She fell down in putting her foot on the pavement; she slipped, and on taking her up, this lay under her. It was one of the pieces of the cotton I had cut off for her; all the other things were left behind excepting this that she had agreed for; she did not produce any money except 6 d. for the first half-yard, and that was before I shewed her the cotton. The cotton is James Somerset 's; I can swear to it. I laid the things on the counter; she took it from thence; I did not see her take it; I did not discover it till she was six or seven yards from the counter; she had looked at it, and I cut it off for her, and it laid under several other things which I had cut off afterwards. It is worth 14 s. I cut her off seven yards; it cost us 17 s.

EDWARD TREADWAY sworn.

I am a constable. I produce the property; the witness marked it when he put it into my hands with Somerset; it is the same I received, and have kept it ever since.

Prisoner. I don't know the property.

GUILTY , Death . (Aged 22.)

Tried by the first Middlesex Jury before Mr. RECORDER.

108. JOHN DOWDELL and GEO. VINNEY , were indicted for making an assault, on the king's highway, on Lydia, the wife of Isaac Barnet , on the 8th of December , and feloniously taking from her person, and against her will, a beaver hat, value 5 s. a hat-band, called a tiffany hat-band, value 6 d. a hair tete, value 10 s. and part of a muslin cap, called a front, value 2 s. the goods of the said Isaac Barnet .

LYDIA BARNET sworn.

Last Wednesday evening we left Crutched-friars, Judith Alexander and myself, two more young ladies, and a young man; when we got into Prescot-street, Goodman's fields, this lady's daughter and her nephew said they would walk on before, and three continued behind, Mrs. Alexander and her niece, and myself. When we came near Cannon-street, Ratcliff-highway, I saw three men, but I took no notice, having no thought. When we came to Nightingale-lane, which is a coach-standing, Mrs. Alexander's niece's husband was waiting for us; she asked me, if her husband should see me home? I declined it; he was on the opposite side, and then Mrs. Alexander and myself proceeded on towards Shadwell, where I live. I seeing the men behind me not very far, I said to Mrs. Alexander, in our language, I am certain they were bad men, because they had not left us from the time I first saw them, but had not seen their faces. I said to Mrs. Alexander, in Hebrew, I would wish to see these men walk before us; with that we made a stop; they walked on before till they came where there was some girls, and they stopped; and then we walked on again before them. We see a watchman a little way off with a lanthorn on the same side of the way before us; Mrs. Alexander said, you had better walk till we come to the watch, because I am rather afraid; I said, there is no call to be afraid, we are near now on our own spot. I was within forty or fifty yards of my own house. I then said to Mrs. Alexander, I see my own watchman, which I did not, but I thought that they might thenbe frightened, and walk off. With that one of the men rushed through the middle betwixt Mrs. Alexander and me, and made a full stop, and faced me, that I had a proper observation of his person; it was under a lamp, and it was light; I could have seen to have picked up a farthing from the street; I saw his face perfectly well; it was the prisoner with his hair on his shoulders, ( John Dowdell ); there were three in company, one stood behind Mrs. Alexander, a tall man, not apprehended yet. I am sure they are the men. Prisoner Dowdell says, What, are you frightened? I said, No, fellow, what do you want? They said, they were not thieves. With that he snatched my hat, and tete and cap from my head. I cried out, Stop thief! I am robbed! Mrs. Alexander cried out, Watchman! but never a one came to our assistance. Dowdell took my hat, and threw it the other two, the cap and tete fell in the mud, Mrs. Alexander picked them up. Nobody pursued the men. I saw Dowdell go down New Gravel-lane; my fright was so great, I did not go after them; the watchmen were close to them, but did not offer to pursue or take them. The prisoners were apprehended on Friday. I had money, but they did not ask me for any; they did not even ask for my hat.

JUDITH ALEXANDER sworn.

Me and Mrs. Barnet left Crutched-friars at half past eleven o'clock; my daughter-in-law and my nephew went before; when we came to Old Gravel-lane, three men came behind us, Mrs. Barnet said, she was afraid. I was very much alarmed, and cannot swear to the prisoners. He pushed his face towards Mrs. Barnet, and instantly snatched off her tete, cap and hat; I picked up the wig and the cap. They did not ask for money, nor speak a bad word.

GEORGE FORRESTER sworn.

I am a headborough of St. Paul's, Shadwell. On Wednesday night a watchman came to the watch-house, and said, Mrs. Barnet, the silversmith 's wife, had been robbed; I went from the watch-house down New Gravel-lane to look for suspicious persons; I found none. On Friday night I was at the Unicorn in Old Gravel-lane about twelve o'clock, and found the two prisoners in custody of two sailors for riotous behaviour. On Monday morning they were examined.

Mrs. Barnet. I saw the prisoners on Monday. The Saturday previous I went to the Virginia Planter; as the men came by the window from the watch-house, I said, Lord God, there are the men! I said they were the men immediately; I am sure they are the men.

Prisoner Vinney. I was in the house at the time drinking, and so was Forrester.

Forrester. It is not so; if he had been in the house, I should have turned him out.

THEOPHILUS BUTCHER sworn.

I am an officer at Shadwell-office. He corroborated Forrester's testimony, and also the circumstance of Mrs. Barnet's saying, Lord God! there are the men that robbed me!

John Dowdell . I have been keeping my bed three weeks; I have been ill, and my illness is now upon me. I can safely swear I was not guilty of this robbery. I never was in this young fellow's company.

Forrester. They are both well acquainted; I have known Dowdell some time.

Jury. Vinney being in company, we presume to be alike guilty?

Court. Certainly so.

Jury to Barnet. Are you positive to Vinney's person? - I am.

Both guilty of stealing, but not violently .

(Both aged 19.)

Tried by the first Middlesex Jury before Mr. JUSTICE GROSE.

[Transportation. See summary.]

109. WILLIAM GLASSBY , ROBERT WHITMORE , and WILLIAM PENDALL , were indicted for feloniouslystealing, on the 4th day of February , thirty fathom of twelve-inch cable, value 50 s. the goods and chattels of Thomas Todd .

(The case was opened by Mr. Schoen.)

(The witnesses examined separate.)

JOHN PALMER sworn.

I was ship-keeper on board the Nelly ; I missed a cable on the 4th day of February; at six o'clock at night I saw it; at eleven it was gone; I saw the cable the next day; I swear to it by a piece of canvas, by way of service, that I put on it; I know it is my owners property; it was made fast with spun-yarn; the cable we found next day was of the same length and quality as that which we lost; I never saw any of the prisoners before.

WILLIAM CLIMBER sworn.

I was on the water on the evening of the 4th of February, about half past eight or nine; I saw some boats coming up; I said to my people, shoot up to these boats, they seem to come up very heavy; as soon as they saw me, young Mr. Neal took off a slip-rope, and the cable went down; the other boat did the same; Whitmore and Pendall were in the last boat; after they had so done, they rowed round and round, and Glassby and Neal went ashore at King's-stairs; the other two went away; Glassby and Neal were in one boat, and Pendall and Whitmore in the other; the cable is thirty fathom long; they were about the length of the Old-Bailey from the ship when I saw them; I went ashore with Neal and Glassby, and took their boat and graplings; we used their graplings, and recovered this said cable; I took it to my house; I went and found out the Nelly on Sunday morning; Maxwell and Young were in the boat with me; it was a moon-light night; I know all the people; Whitmore sailed in a vessel of mine; I have no doubt about them.

WILLIAM MAXWELL sworn.

I am a waterman; I can only say as Mr. Climber has said.

(This witness corroborated Climber's testimony in every particular.)

ALEXANDER YOUNG sworn.

I was in the boat with Mr. Climber; I saw Neal let go a slip-rope, and they went up the river.

(This evidence the same as the last.)

WILLIAM NEAL (an Accomplice) sworn.

On Saturday night, the 4th of February, I was in company with the three prisoners, and we all agreed to go down the river, to see what we could get: we rowed to the ship Nelly's bows; we cut the cable with a knife; we then under-run it as close as we could to the anchor, and then we cut it, and made it fast to a boat's stern, and carried it forward to her head, then back to her stern; then we towed it away; I hired the boat; Glassby was with me in the boat; in the other boat were Whitmore and Pendall; they towed us up, and we gave what help we could: on seeing Mr. Climber, we let it go; I let go the slip-rope; then we rowed up a little way, and down again; then Mr. Climber rowed up to us, and told us he would seize the boat; he told us to get out of the boat; we did so, and I went home.

(The ends of the cable produced, and deposed to by Palmer.)

Prisoner Glassby. Neal hired me to go a dredging, for a groat in the shilling.

Whitmore and Pendall both said that they did not go to do any robbery.

WILLIAM GLASSBY (Aged 19),

ROBERT WHITMORE (Aged 21),

WILLIAM PENDALL (Aged 20),

ALL THREE GUILTY .

All three transported for seven years .

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

110. JAMES METCALFE and RICHARD ALFORD were indicted for feloniously stealing, on the 20th day of January , two men's hats, value 2 s. and two table spoons, value 10 s. the property of William Dennis ; and a silver watch, &c. value 20 s. the property of Ann Johnson , spinster .

WILLIAM DENNIS sworn.

I am a grocer ; I lost two hats, and two spoons, on the 20th of January; I missed them a little after six in the evening; every thing has been found but the spoons.

ANN JOHNSON sworn.

I am on a visit at Mr. Dennis's; I missed the articles in the indictment from Dennis's parlour; they were there between five and six; it is a silver watch; they laid on the table; I saw the things on Tuesday following, in the constable's hands.

- DENNIS sworn.

I am clerk to my brother; I missed my great-coat on the 20th; I saw it about three o'clock; on the following Tuesday I saw it at the Mansion-house.

CHARLES MUNDAY (an Accomplice) sworn.

I am an apprentice to a mathematical-instrument-maker; I stood at the door.

ROBERT GRAVES sworn.

I am a constable: I was out about the 20th of January last, in Old-street; I heard the cry of stop thief! I saw the prisoner Alford run, and he fell down; I took him into custody, and brought him to the public-house; this was a mile and a half from where the robbery was committed; we did not search him then; Alford wished to be admitted King's evidence; he said, if he was admitted evidence, he would tell me all he knew; he delivered me this watch (produced); I found also a knife, and two pocket-pieces; Metcalfe was then also in custody.

PHILIP JOCELYN sworn.

Between the hours of six and seven, I and three officers were coming down Old-street; we saw the two prisoners and Munday; Munday had the hats; I laid hold of him.

WILLIAM WRIGHT sworn.

I am an officer; I took hold of Metcalfe; my reason for stopping him was because I knew him before; I ran after him; he fell down, and I picked him up; I had hold of one arm, and my brother officer had hold of the other; we took him to the watch-house, and there he delivered up a watch.

CHARLES MUNDAY sworn.

I was an accomplice; I was to meet these two at the Red-lion, Moorfields; I went; and we went out in the afternoon, on purpose to do some robbery; we went into Thames-street ; between five and six, we saw a door open; James Metcalfe went up stairs, and brought down a great-coat and a hat; he gave them to Richard Alford , and he went to the corner of Trinity-lane; it is near the house; Alfred stood there, to look out, and I stood facing the house; and he put the coat on his back, and the hat on his other hat; then Metcalfe went up again into the house, and brought down a single hat; he went up a third time, and brought down a pair of silver table-spoons; I did not know any thing of the watch; he gave them all to Richard Alford ; he gave me the two table-spoons, but I gave them to Richard Alford ; he had all the things: we went up Trinity-lane, and up to Cheapside; going up, he gave me the two hats, and I put them into my handkerchief; he had the great-coat on his back; he had it taken off his back where I was admitted an evidence, at the Mansion-house: we went into Old-street, and sold the two table-spoons to Mr. Harris; I did not go in, but they two went in, and they told me, when they came out, they had sold them for 15 s. Just after they two came out, I was at the side where the Dolphin is; they went the other side of the way; it was about seven o'clock in the evening; we had been about a quarter of an hour from the house. (The hats deposed to.) One has a mark in the inside.

HUGH ANDERSON sworn.

I produce a great-coat I took off from Alford on the 21st, the day after the robbery.

(The great-coat deposed to; and the watch by Miss Johnson, by making the chain herself.)

James Metcalfe . I am as innocent as a child unborn of what they accuse me of. I have nothing to say.

DOROTHY GIFFORD sworn.

I come for Metcalfe: I am a married woman; my husband is a carpenter; I have known him from a baby; he always behaved sober and honest.

JAMES METCALFE , NOT GUILTY .

RICHARD ALFORD , (Aged 19,)

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Transportation. See summary.]

111. GEORGE HARRIS was indicted for feloniously stealing, on the 3d day of February , one wooden tea-chest, value 3 s. the goods of Charles Wright .

CHARLES WRIGHT sworn.

I am a broker of household goods : on the 3d of February, Friday, between five and six in the evening, I saw the prisoner, I was up stairs, upon an alarm; it was then on the table; I saw it, when I went up, on the further part of the shop, along with some others; I have kept the tea-chest ever since.

WILLIAM WILKINSON sworn.

I am a broker; I live within three or four doors of Mr. Wright; on the evening Mr. Wright mentioned, the man passed my door, and I saw him pass on till he had nearly passed Mr. Wright's door; he then returned, and I missed him; presently I saw him come out of Mr. Wright's shop, with something in his hand; he wrapt it in his apron; I went after him, and took him by the back part of his coat, and hauled him into Mr. Wright's shop, where Mr. Wright's brother was, and a tea-chest fell out of his apron, I think the same as now produced, but I did not mark it; Mr. Joseph Wright took it; I left it in Mr. Joseph Wright's care, and returned immediately to my own house.

JOSEPH WRIGHT sworn.

I saw this drop from the prisoner; I marked it J. W. with ink.

(Deposed to by Charles Wright .)

Prisoner. I never had it in my hand; I was in liquor, and going by the table, and two or three fell down off the table.

Wilkinson. I am sure it fell from his apron.

Joseph Wright . I saw him drop it.

Jury. Were there any more on the ground? - No, there were not.

GUILTY . (Aged 19.)

Tried by the London Jury before Mr. RECORDER.

[Whipping. See summary.]

112. CHARLES WILTSHIRE and JAMES GILLTHORPE were indicted for feloniously making an assault, on the King's highway, on the 26th of January , on Jenny Rattray , spinster , and putting her in fear, and feloniously stealing from her person, and against her will, two pair of calico mitts, value 2 s. seventy pair of calico mits unmade, value 58 s. one silk petticoat, value 5 s. one silk cloak, value 5 s. a cloth cloak, value 10 s. a muslin handkerchief, value 12 d. a cotton handkerchief, value 12 d. a pair of cotton stockings, value 12 d. a cloth housewife, value 6 d. and three ounces of sewing silk, value 12 d. the goods of the said Jenny Rattray .

JENNY RATTRAY sworn.

On the 26th of last month, Thursday evening, three weeks last Thursday, at seven o'clock, I was going home; about the middle of the new cut from Ratcliff-highway to Whitechapel , three men stopped me, and told me I was drunk; I pulled myself away from them, and walked rather better than a dozen yards; they came after me again, and demanded the bundle; I refused to give it them, but they insisted upon it; one of them took my bundle, and another one took my cloak; a third stood at my right-hand, and presented a pistol, and told me, if I spoke a word, he would blow my brains out, and then desired me to be gone; I have nothing more to say.

Did you know their persons? - I did two out of the three; it was star-light; I had never seen them before; there were lamps opposite, not on the same side of the way; I was a good deal alarmed; I saw one the next morning, and I swore to him at the office; I was sent for to go there; I knew him directly; it is the furthest off, Wiltshire.

Are you sure you was so much mistress of yourself as to observe him? - I was; he did not take the bundle; he stood with the pistol at my right-hand, opposite; he put the mouth of the pistol to my cheek, it touched it.

You was very much alarmed? - I was.

Did you see the face of the other? - I did; it was Gillthorpe, I am sure; he took the bundle; he was close to me.

How long did this last? - Not above ten minutes; I begged for them not to take my bundle; they swore they would have it; I don't know justly who it was: after they had taken my bundle, I went into the Rose and Crown, at the bottom of the road, and gave an alarm that I had been robbed, and described the men; when somebody went to the office, and gave the information immediately, and I went to the office the next morning; they were dressed the same as on the night before; I had never seen them before that night; they took nothing more than the bundle, and the cloaks; they did not offer to search my pockets.

Mr. Garrow, Counsel for Wiltshire. You have told us very fairly that you had never seen the people before; and that you was, as every body in your circumstances must have been, very much alarmed? - I was.

Before you went to the office, you had been apprised that the officers had taken somebody that was suspected? - I was.

Gillthorpe's Counsel. When was it you saw Gillthorpe after the robbery? - A fortnight and a day.

You said you had never seen the prisoners before; Gillthorpe was not taken up by your description, I believe? - I don't know that.

You saw him in custody, but not taken up by your description? - I cannot say that.

It was a very dark night, I believe? - Not very dark.

There was no moon? - It was star-light, and there was a lamp opposite; I am very sure they are the men.

You was very much frightened, you have said? - I was not frightened before the pistol came; but, by being stopped twice, I had an opportunity of looking at them more.

PETER MAYNE sworn.

I am an officer at the public-office, East-Smithfield: the night of this robbery I went to an iron-shop, in Back-lane, between eight and nine, and apprehended the prisoner Wiltshire; he then had a blue jacket on; I searched him; there was a horse-pistol found inside his jacket, loaded with shot; I found a duplicate of two cloaks, at the shop of Mr. Windsor, in the Minories, pledged the same night; and in his waistcoat-pocket some shot, a flint, and a head of a pipe; I secured them in the watch-house that night; I have the duplicate; Bare has got the pistol.

JOHN BALL sworn.

I am a servant to Mr. William Windsor , Minories; I produce a red cloak, and a silk one; I took them both in on Thursday, the 26th of January, about a quarter past eight, of Charles Wiltshire ; nobody was with him; I never saw him before that night; I am certain he is the man; and the duplicate is my writing, in the name of Charles Williams .

JOSEPH BARE sworn.

I am an officer; I was in company with Mr. Mayne; we apprehended Wiltshire,and found the pistol under his jacket; Mayne found a duplicate.

(The pistol produced.)

ROBERT DAWSON sworn.

I am headborough; I, in company with Whiteway, apprehended Gillthorpe: I found two pair of mittens in the possession of one Hart, who is here.

JACOB HART sworn.

I live in St. Catharine's; I deal in watches and things, and mend watches; I have lived there these thirty years; I have five children: a man came to me, he is the prisoner Gillthorpe, and brought me on Friday three weeks last, in the morning, and called me by name, Mr. Hart, I have found something, I have picked it up on Tower-hill, some mittens; he asked me eighteen-pence for them; I offered him a shilling, and a quartern of gin; I sold the gloves in Petticoat-lane, to one Levy; I am sure the mits and handkerchief are the same.

Jenny Rattray . This robbery was committed on the 26th, on a Friday, three weeks ago last Friday. (A pistol produced.) This is the kind of pistol. (Deposed to the mits.) I know them by my work, and a needle left in one of them.

(Deposes to the silk cloak by the lace, and having made it herself.)

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

(Prisoner Gillthorpe called three witnesses, who gave him a good character.)

Court to Mrs. Rattray. How were the prisoners dressed? - In a blue jacket Wiltshire was, and the other as he is now.

CHARLES WILTSHIRE , (Aged 44,) JAMES GILLTHORPE , (Aged 21,)

GUILTY , Death .

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

Mr. Sheriff Anderson ordered the pistol of Wiltshire to be delivered to him, to prevent its falling into improper hands; which the runner, Joseph Bare , with the utmost effrontery, refused; upon which the Court reprimanded him, and ordered him to deliver it.

113. JOHN LEWIS , and ROBERT PEARCE, alias ARNOLD , were indicted for burglariously and feloniously breaking and entering the dwelling-house of George Baker and Richard Baker , on the 20th of January last, and feloniously stealing therein three pieces of thread lace, value 20 l. the goods and chattels of the said George and Richard, and in their dwelling-house .

(Mr. Garrow opened the case.)

FRANCIS DETERNEAU sworn.

The prosecutor lives in St. Paul's Churchyard : on the 19th of January, about eight o'clock at night, I fastened all the shutters; I was alarmed about four or five in the morning, and when I came down the house was broke open.

WILLIAM TULLY sworn.

I am a watchman: I saw two men near Messrs. Bakers; I was on the South side of St. Paul's Church-yard; I went round my beat; I saw nobody; I put my light under the table of a Mrs. Hannah Sheppard ; I went round my beat again, and saw nobody; I turned to my left; I pushed smartly up to the Tobit's-dog, in the corner, where they water the horses; I saw two men standing there; I asked them what they wanted; I did not know the men; these are not the men; they knocked at the door, and asked for some beer; I told them they could not get any; they went away; I went and got my lantern; I got up to Mr. Baker's shutters, and found them loose, next to Mr. Wells's door; I drawed myself off, and sprung my rattle twice round, and I heard the windows rouse open; I saw the prisoner Lewis come out; I dropped my lantern, and pursued him; Stannell struck at him; we then pursued him to Pater-noster-row, and Francis Coles stopped him; he ranabout a hundred yards; he had no hat on; we conveyed him to the watch-house; Stannell offered him a hat, he asked the prisoner if it was his hat; he said, yes, it will fit my head.

HENRY STANNELL sworn.

I am a watchman, in St. Paul's Churchyard: I heard a rattle; I saw Lewis coming out of Messrs. Bakers' window; before I could get across the way, he was running towards me; I made a blow at him, and tried to hit him across the shoulder; I found his hat under Messrs. Bakers' window; I went into the watch-house; I said, friend, is this your hat? he said he believed it would fit his head.

Jury. Did he say it was his own? - No.

FRANCIS COLES sworn.

I am a porter at the water-side; I had carried a load to Newgate-market, and was returning to bring another; I stopped Lewis.

Prisoner Lewis. That evidence before the Lord-Mayor could not then swear to me. - I did.

- HARRINGTON sworn.

I am a patrol: I found twelve pieces of lace on Lewis; and an iron crow was found very near him.

JOSEPH GREEN sworn.

I am a watchman; I was in the watch-house; I took a piece of lace out of Lewis's pocket.

JAMES M'GUIRE sworn.

I was constable of the night on the night this robbery was committed; I produce what was taken from Lewis; there was nothing found on Pearce.

GEORGE BAKER sworn.

I am in partnership with my brother; I was alarmed between five and six in the morning; I jumped up, and ran into my brother's room, and said to him, I fear the house is broke open; I went down into the warehouse, and found a bag packed up; the contents was lace, and worth, perhaps, 100 l. there was also in the warehouse a dark lanthorn, and a crow; my windows have folding shutters; the hinges were broke, or wrenched off, and they got into the warehouse by those means. (The lace produced.) The prisoners were both in custody. The lace is our property.

RICHARD BAKER sworn.

These goods are the property of me and my brother.

JAMES MORRIS sworn.

I am a coachman; I came to the stand in St. Paul's Church-yard about a quarter before five in the morning; there was another coach waiting, opposite Dean's-court; I turned into the rank, first coach; I saw three or four people by the coach, near the horses heads; one had a sailor's jacket; there was a signal given, that Gaby would not stand (if they call me Gaby, it is a nickname); I jumped off the box; I gave the watchman alarm to mind my coach; I was going to breakfast; two or three minutes after, coach was called; the saloop-woman told me I was called; I drew my horses down to the curb-stone; Mr. Pearce was ready to get into my coach; then he said, coachman, you must drive me to Holborn-bars; then I was putting on my box-coat, and he said, coachman, don't go any further than Hatton-garden end; when we came near Shoe-lane, he stopped me; and when he got out, he said, coachman, I am going for a midwife; he gave me two shillings; I had a strong suspicion of him; I returned to St. Paul's, and saw the coach described before, standing as first coach; but it drove off immediately, and I turned in first coach again, and somebody said, Gaby was come back again; and then somebody said, we shall all be done; then Bob Pearce came from Mr. Baker's window; I desired Tully to lay hold of Pearce, and I gave charge of Pearce; I went and got some coffee; when I went to the watch-house, Pearce owned me; he said, here is my coachman; then, says I, I will charge you, becauseyou said you were going for a midwife; I had catched him: I have been fired at twice in going round St. Paul's Churchyard, and I would give a hundred guineas to be out of this mess; my life is in danger day and night.

HANNAH SHEPPARD sworn.

I am a saloop-woman; I sit at Mr. Carr's, the corner of St. Paul's Church-yard; I have known the prisoner Pearce three years; I saw a gentleman like Mr. Pearce stand, with his back towards me, on the pavement; the watchman put his lantern under the table; that was before I saw Pearce; I stood about two yards from him; he did not speak to any body, but went across the way, round the corner; there were two coaches in the yard; one was at a distance, the other was first coach, and was Morris's; then somebody called, coach! and I called Mr. Morris; the person who got in I did not see; I believe the man got in on the coach-stand: Mr. Baker's house is about twelve yards from my stand: I saw the man run; I saw another man cross the way to Newbery's; while the gentleman was standing by me, he made a cough, or hem! and the other went to him; then one came back; I believe the person who went hem! was the prisoner Lewis, that came out of Mr. Baker's window, but I cannot swear to him; I believe that Pearce was the man who stood by me, I think so by his clothes.

Mr. Garrow. Did you never say that Pearce was the man who stood by you? - I never could say so positively, only by his clothes: I did not see any two people walking together: in the watch-house he asked me if I saw him walking; I said, yes, Mr. Pearce, I saw you just now cross the way, and stand before the stall; I had no doubt but he was the man who stood before my stall.

Mr. Knowlys. It was a very dark morning, and the lamps almost out? - Yes, Sir.

Did he come up Ludgate-hill? - Yes, Sir.

LUCAS DAVIS sworn.

I am an optician's glass-grinder: on the morning of this robbery my wife was in labour; I was in St. Paul's Church-yard, an' please your Highness, I was near Mr. Baker's shop; I saw Pearce, he had a hat on with what they call the knucklers cock; I saw them go over to the church-rails; I went down Ludgate-hill, and came back again; then I saw Pearce and another man standing by Newbery's; one of them spoke, I don't know which; I went between them, and walked on as far as Mr. Thompson's, in London-house yard; I went to the Goose and Gridiron, and came back again; I walked about the place some time, and on turning round I saw the prisoner Pearce, and a man in a blue jacket, standing; then I saw Freeman, the patrol, and I told the watchman I had some suspicions; about ten minutes after, I went down Ludgate-hill, and at the corner of Ave-Maria-lane I saw Pearce coming down, and he went over to Creed-lane, and there was a man in a blue jacket; I told the watchman there was one of the men who had been lurking about for some time; then they laid hold of Pearce, and as soon as they laid hold of him I heard a rattle; I ran towards the Tobit's-dog, and saw Lewis run over the way; I am positive as to Pearce; I had never seen him before; the lamps gave a very good light, the night itself was dark; I did not speak to Pearce, or Pearce to me; the first time I saw him might be five-and-thirty minutes after four in the morning.

THOMAS PURVIS sworn.

I was working from Paul's-wharf to Newgate-market; I am a porter.

(This witness was desired to look at the bar, and Owen and another were ordered to stand up; but the witness declined swearing to either of the prisoners.)

COLIN MENZIE sworn.

I am a watchman: upon the 20th of January I saw Pearce and Lewis about a quarter past five; I saw Pearce opposite to Mr. Wilson's, near the railing; I took notice of Pearce; Freeman and Weir came up together to me in London-house-yard; up came Pearce again; I knew him again; we wentround again towards Newbery's, and to the foot of Ave-Maria-lane; Fitzgerald laid hold on Pearce at the corner; I saw Lewis secured; I am certain of the man.

RICHARD FITZGERALD sworn.

I was with Menzie; we took Pearce; I went with Davis down towards Ave-Maria-lane; I saw Pearce cross the street; I secured him, and took him to the watch-house; an alarm was given, and the other prisoner was taken.

DANIEL BEER sworn.

I am a watchman: I was with Freeman; I saw Pearce, and another man close by, in a blue jacket; they were in the Tobit's-dog corner; I am sure he is the man; I saw him a quarter of an hour before Lewis was taken.

- FREEMAN sworn.

I do not know either of the prisoners.

HENRY WELLS sworn.

My house was shut up at the time the alarm was given of Messrs. Baker's robbery.

Prisoner Lewis. I do not know any thing of it.

PRISONER PEARCE's DEFENCE.

My Lord, I had been drinking in Newgate-market, and about two o'clock I came with a woman to St. Paul's; she said she would go with me if I would call a coach; I called a coach, and went to Holborn, and from thence to Gough-square; the woman did not go with me, so I thought it was as well to go to somebody that I knew; when I got to Gough-square, I could not get in; therefore I walked back to Creed-lane, No. 2, a place well known: before the aldermen none of the watchmen could swear to me, or even say they knew me.

(The Jury withdrew about ten minutes.)

JOHN LEWIS (Aged 28), ROBERT PEARCE , alias ARNOLD (Aged 40),

GUILTY , Death .

Tried by the London Jury before Mr. COMMON SERJEANT.

114. JOHN SIMMONS was indicted for feloniously stealing, on the 1st day of February , one piece of Scotch carpeting, value 39 s. the goods of William Slidstone .

(The witnesses examined separately, by the prisoner's desire.)

WILLIAM SLIDSTONE sworn.

I lost a carpet on the 1st of February; the value of it is 39 s.

MARY HARVEY sworn.

I am workwoman to Mr. Slidstone: there were two men together; one came into the shop on the 1st of February, about eleven o'clock, and took the carpet on his shoulder; I ran after him; the man who was on the outside is the prisoner; he took it of the other; they walked down the street; he was taken within five doors; the prisoner had the carpet on his shoulder when he was taken; I am sure the prisoner is the person.

JOSEPH CHASE sworn.

I was coming along Long-acre, about eleven o'clock, on the 1st of February; I saw the prisoner running; he fell just as he came up to me; I heard Mrs. Harvey call out stop thief! I took him by the collar, and took him back to Slidstone's shop; and from thence he was taken before Sir Sampson Wright.

PRISONER's DEFENCE.

I was going on an errand for my master to St. Martin's-lane, and a man tapped me on the shoulder and asked me to carry this carpet to St. Martin's-lane, and said he would give me a shilling; and when this gentlewoman cried stop thief! the man run away; I was not near the house.

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

GUILTY , (Aged 18.)

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

[Whipping. See summary.]

115. HENRY JACKSON was indicted for feloniously stealing, on the 25th day of January , five bundles of hogs bristles, and various other articles, value 15 s. the goods of William Morley .

WILLIAM MORLEY sworn.

February the 2d, about half past twelve in the day, I called at Mrs. Branch's; Mrs. Branch shewed me three bundles of hairs which were offered to her for sale, and that a woman had brought in the morning; I asked her why she did not detain her, as she asked 1 s. 6 d. for goods worth 3 s. 9 d. the boy servant of Mrs. Branch watched the woman out, and saw her join another woman; Jackson worked for me a year and half; I was led to suspect the prisoner from the hairs being tied with lay-cord, which is used in tying up mops; I applied at Bow-street, but could not obtain a warrant, as I had not missed any thing; my foreman went to the house the woman was watched to; James Paine and me went up into Jackson's room, and in the corner of the room I found several materials relating to our business, such as hairs, brush-tops, and boards, &c. I returned home, and called the prisoner into my room; Jackson was asked if he had any materials relating to the brush manufactory in his lodging-room; he said he had not; I asked him if he he had any hairs, perhaps 14 lb. or 28 lb. he said no, he might have about half-a-pound; I said, will you permit me to go to your apartments? he objected; I observed, if he had nothing in his room but what was his own, he could have no reasonable objection; Langdale, myself, and Jackson, then went to his lodgings; when he came there, he said to Mary Garnes , what have you been doing of? I asked him to open a large chest which was in the room; the chest was opened; I investigated the articles, and some were found that my foreman can swear to; then I sent for a constable, and gave the articles to him at the watch-house: we stamp our initials on hair brooms.

Prisoner. Whether Mr. Morley can swear to the hairs? - No.

JAMES PAIN sworn.

I am foreman to Mr. Morley: I went to the prisoner's room with James Willson and Mrs. Branch's apprentice, it was between ten and eleven o'clock; Mrs. Turnbull told me that Mrs. Garnes had sent Mrs. Hurst with some of her husband's bristles to Mrs. Branch to sell; I advised Mr. Morley to go home to the prisoner; I saw in his room several things belonging to Morley; I saw the box opened; the first thing I took out was two trumpet hearth stocks; I told the prisoner they were his master's property; (produces one;) this is my master's property; I know them by the make, and the wood; other tradesmen have the like goods, the same pattern. (Produces several small bundles of hogs bristles.) When I took them in my hand, I knew them to be Morley's, by their being damaged; and being so damaged, they cannot be manufactured by themselves; on feeling them, they have a clammy, greasy feel; I swear they are Morley's.

Jury. Point the mark out that you can swear to these bristles by. - They are nearly effaced, from frequent handling. (Produces a parcel of brush boards.) These brush boards are Morley's; the trade have not had any timber of this sort for many months; it is called whole-ends; Primmer, who is in Court, can further identify them. (Produces some broom-stocks.) These were made by Carr, of Tunbridge; these are not manufactured by Morley; therefore have not his mark: I do not swear to the wire-board.

Morley. When Jackson was going to be conveyed from his lodgings, Langdale and Jackson being on the stairs, he begged he might return, and speak to me; they returned, and Jackson declared the property to be mine; he was not stimulated by any promise of favour, or by any threat; he said he would give it up to me, if I would not expose him to the trade.

ROBERT LANGDALE sworn.

On the evening of the 2d of February, my master requested me to call Jackson;we went into the parlour; the question my master put to Jackson was, What quantity of hairs he had? he said about half-a-pound; he asked him if he had 28 lb. or 14 lb. or 3 lb. he then said he might have about three quarters of a pound: I urged Mr. Morley's request of suffering him (Mr. Morley) to go to his apartment; he at length complied; I looked round the room, and saw some broom-heads of his own manufacture: I cannot swear to any of the goods.

SAMUEL COWER sworn.

This wire-board I made (produces a wire-board and an eight-over horse-brush); I have reason to believe it is my make.

WILLIAM PRIMMER sworn.

I know my own work; these brush-boards are my work; I cannot say how long these have been made; I have worked for a man on Snow-hill three days only.

PRISONER's DEFENCE.

My Lord, so far as this I know, this is not my master's property; I have worked for myself seven years, and bought hair and other articles in the brush line; it is impossible for any person to swear to the hair.

RICHARD MORGAN sworn.

I heard the prisoner confess that the property was Mr. Morley's, if he would not expose him to the trade; Mr. Morley's reply was, that it was out of his power.

WILLIAM HILLIER sworn.

I am a brushmaker; I have known the prisoner twelve years; he has worked for me; he bears a good character.

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

GUILTY , (Aged 40.)

Transported for seven years .

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

116. RICHARD NELSON and JOHN MICHELSFIELD were indicted for feloniously stealing, on the 13th of February , six pieces of silver, called crown pieces, value 30 s. the property of Michael Wells .

MICHAEL WELLS sworn.

I keep the Ship alehouse, Turnstile, Holborn : the 13th of this month my wife went up to our room, and tried to open the door; she called me; I was drawing beer; I came up to her assistance, up to the chamber; I bid the people look to see if any body came out of the window; when I entered my room, my box was broke open, and part of my property was gone; I missed six crown pieces; I paid some money about six o'clock, and saw the money safe; I pulled the door to, and run down; and the people said, this is the man; his name is Nelson: the constable searched him, and found six crown pieces upon him; I had no particular mark upon them; I do not know the date of them: I think I have seen Mr. Nelson in my house, I cannot say what day.

WILLIAM ANDERSON sworn.

I was standing under the window of Michael Wells 's house last Monday night, between six and seven o'clock; the garden-pot fell, and hit my shoulder; I looked up, and saw Nelson come out of Wells's window; and he ran along the leads, and opened the window of the next house; and Mrs. Purchase came out, and said, for God's sake, give assistance; there are thieves: then a parcel of men rushed into the house.

Mr. Knapp. How high is this window? - One pair of stairs.

THOMAS BROWN sworn.

I live in Prince's-street: on Monday evening last I heard a noise; I looked out, and saw a man on the leads, going from Wells's house to Purchase's, which is the adjoining house; he threw up the sash and went in, and shut it down again.

THOMAS MARDEN sworn.

I am an officer belonging to St. Giles's parish; I was sent for to take up this man;Wells desired me to see if I could find six crown pieces; I searched him, and found on Nelson six crown pieces, one guinea, and two shillings and sixpence; and Michelsfield delivered seven guineas in gold, and twenty-five shillings in silver; I went into Wells's room, and found a watch on the bed; there was a dark lantern, an iron crow, and a tinder-box.

Michael Wells . They got into the room by breaking it open by force: my wife was first up.

JOHN WHETTEN sworn.

On Monday, about five o'clock, I was at Well's house, playing at shuffle-board, up stairs; there were three or four others in the room; this house is at the corner of Turnstile; I had been playing two hours or more; two men came up; the stout prisoner, Nelson, came up; I had seen him before; and after them came two more; one or two joined play; they went up and down stairs several times; seeing them shuffling about in this manner, I bid Richard Houghton go down stairs, for I thought there was no good going on; the landlady came up to the room, and I asked her if she came to see what these men were after; she said, yes; she went down; presently I heard a hue and cry, a terrible noise; I ran down stairs; she said she had been robbed; I ran out of the house, and found they were gone into the next house; I saw him on the stair-case; I caught hold of his leg; I said, you willin, I thought you was after some such thing: I saw Michelsfield in the green-shop; I caught hold of him by the collar, and said, you are one; Mrs. Purchase said, don't collar him; I called then for assistance; I said, you know nothing of the matter; there are four in the mess; he was searched in the back parlour.

ROBERT THOMPSON sworn.

I live near the house; I went out about half past six, and heard that a man had got out of one window into another: Purchase's maid called out, thieves! I went to her assistance; Mrs. Purchase said, these are the men; I called for further assistance, and four persons came; I left them to seize the prisoners, while I guarded the door; we then went to the public-house, and they were searched; I saw Nelson have something in his hand, and it dropped on the floor (produces a phosphorus box); I picked it up; I asked him if it was his, and he said no.

THOMAS GATES sworn.

I am a patrol: about six or seven o'clock I was going by Wells's house; I heard there were thieves; I went in, and took them before the magistrate.

WILLIAM BROWN sworn.

I can only say what Gates said.

Prisoner Nelson. That is my own property: I played sometimes at the house; I went up, as well as others, to see what was the matter, and somebody said, that is the prisoner.

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

RICHARD NELSON , GUILTY .

Transported for seven years .

JOHN MICHELSFIELD , NOT GUILTY .

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

117. EDWARD GREENFIED was indicted for feloniously stealing, on the 3d day of February , three great-coats, value 30 s. the property of John Turing , Esq ;

JOHN MANN sworn.

John Turing is unwell; he lost a greatcoat on the night of the 2d of February last; the prisoner at the bar came to his house in Sloane-street, Chelsea , with a small basket of fruit, with Colonel Smith's compliments, and begged to know if Mrs. Turing wanted any more of the same kind, as a present; they were oranges; it was Colonel George Smith , he is in the Court now; I being the servant of the house, desiredhim to come in, and shut the door after him; I took the fruit up stairs; I rather suspecting the man, stopt at the first flight of stairs, and saw the man take four great-coats off the pins, that hung in the hall, and run out with them; when I saw that, I came down stairs, and gave the alarm, at the door, of stop thief! immediately, when he heard that, he dropt the greatcoats, and run; I pursued him, and caught him; he was out of my sight about half a minute.

When you did take him, was you certain he was the man that came in with the oranges? - Yes.

Were these great-coats the property of Mr. Turing? - The property of Mr. Turing and his sons; Mr. Turing's name is John, and his sons names are John and William.

What is the value of Mr. Turing's coat? - It may be worth 40 s.

Prisoner. The gentleman did not apprehend me; I went to see a young fellow of the name of George Ildman , and I was standing talking to him in Sloane-street, and this gentleman came up and took me: I hope, my Lord, you will send me for an East-India soldier, as I dare say the gentlemen of the Jury will find me guilty.

GUILTY .

Fined 1 s. and leave given to enlist as an East-India soldier.

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

118. WILLIAM NICKLIN was indicted for feloniously stealing, on the 14th day of January last, two pair of women's leather slippers, value 5 s. the goods of John Bloomfield .

JOHN BLOOMFIELD sworn.

I keep a house, No. 192, High Holborn : on the 14th of January, Saturday, between five and six o'clock (we had lighted candles), I heard a rustling at the window of the shop; I run to my window immediately; I am a shoemaker ; I missed some slippers; I immediately run out of doors; I looked about to see if I could see any body; there is a Dutch-clock-maker's shop next door, and there are generally people looking at the clocks; I went in amongst the people, and I saw the prisoner at the bar standing there, with his hands behind him; seeing him a suspicious person, I said he was a thief, and had broke my window; he said he had not; I took him by the collar, and I found two pair of slippers and an odd one upon him at that time, women's leather slippers; I took him into the shop, and sent for an officer, and gave him in charge; I found a piece of the window broke, and a piece of cartridge paper double put against it, and a pair of shoes to support it; I did not hear any glass breaking, only a rustling, as if something was taking out.

Court. Did you examine it very accurately? - I can swear that the shoes stood against the paper; the hole had been broke a week before; I had not time to do it otherwise than to put the paper against it.

Court. Did you miss exactly the quantity that was taken from the prisoner? - Yes, two pair and an odd one; I marked them J. B. with ink, and gave them to the constable; the odd one I left at home.

(Produced and deposed to.)

Jury. Was the man standing still when you apprehended him? - He was.

Were they in his hands or pockets? - Pockets.

SAMUEL HAMILTON sworn.

I am a constable; I produce two pair of women's slippers; I received them from a servant in livery in the house of Bloomfield, and in his presence; there is J. B. upon them; they were marked in my presence.

(Deposed to.)

JOHN BEAMISH sworn.

I attend the public office in Hyde-street; I went with Hamilton and brought the prisonerto the public-house, and found this slipper (produced) in his pocket; I have kept it ever since.

(Deposed to.)

Court to Prosecutor. I understood you that you found two pair and an odd one at the window? - I found two pair, and the other was taken from him just afterward.

GUILTY of stealing only . (Aged 18.)

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

119. WILLIAM GILES was indicted for feloniously stealing, on the 20th day of January , two silver table-spoons, value 10 s. the goods of Robert Fleeming :

And SARAH BURGESS was indicted for receiving one silver table-spoon, value 1 s. knowing it to be stolen .

ROBERT FLEEMING sworn.

I am a victualler : I lost two silver tablespoons on Friday, the evening of the 20th of January; the boy prisoner lived along with me; I did not see him take them; I recovered them on the 23 d; Mr. Slack, one of the evidence, came and brought the spoons between seven and eight in the evening; he brought one; Slack has got it now; the other spoon was found at a pawnbroker's, William Goff 's: the boy lived with me twice; he first lived with me a year, and the last time he was with me about a fortnight; he had left me about a year between; I had no character with him, his mother recommended him.

JOSEPH SLACK sworn.

I am a constable of Marybone parish: on the 23d of January we were attending the Lord Chancellor; afterwards we went into a public-house, in Holborn; we called in some Jews, to sell some bad shillings, and from the pocket of one of them I pulled out this spoon (produced); I have kept the spoon ever since.

THOMAS MAUND sworn.

I am a constable of Marybone parish; I was present, and saw the spoon taken from the Jew, Aaron Abrahams ; it was given to Mr. Slack. (Deposes to it being the same by its crest being the lion and anchor.)

JOHN MARSH sworn.

I know no more than has been related by the other two.

WILLIAM GOFF sworn.

I produce a table-spoon, which I got of Giles, the prisoner at the bar; I stopped the spoon on Saturday the 21st of January last, between the hours of five and seven in the evening; I had not seen him before, but I am sure he is the man; he was in the shop five minutes; when he came in, there was nobody but me and a lad; he gave it the lad; the lad gave it me; I asked the prisoner how much he wanted; he said, eight shillings; I asked him whom he wanted it for; he said, his mother, her name was Ann Giles ; I went in and told my master, and I came out and told him to send his mother, and kept the spoon, and he never came back for it.

AARON ABRAHAMS sworn.

I received the spoon of Mrs. Burgess; it was of a Monday, about half after twelve; I should know the spoon. (Produced.) I had this spoon from this woman; I come tomorrow morrow morning, and say, Old clothes! I saw this woman; she asked me 7 s. 6 d. for the spoon; I gave her 7 s. she said she found him in the street.

MARY SUTTLE sworn.

I go out charing, my Lord: Sarah Burgess asked me to carry the prisoner's linen home; I did, and he gave me a cloth, and an old spoon in it; he said, tell her I found it, and that she may pawn it, or do what she likes with it.

Maund. After we took the spoon from the Jew, we went to No. 10, to see whether what the Jew had said was true; she said she knew the Jew; I asked her if she had sold the spoon to him; she said yes, and that she had received 7 s. for it; she told me that the young man had sent it for her to sell; Mr. Fleeming said he had lost that and one other on the 20th of January.

PRISONER GILES's DEFENCE.

My Lord, I never said any such thing; the woman came to me on Thursday, and said that she and Mrs. Burgess were in great distress, and I had two spoons in my hand; the witness said, if I would let her have one of them till tomorrow, she would replace it; I did not let her have it then; she brought my things on the Sunday morning.

(Called seven witnesses, who gave him a very good character.)

Prisoner Burgess. My Lord, he says very false.

(Called six witnesses, who gave her a good character.)

WILLIAM GILES , (Aged 16,)

GUILTY.

SARAH BURGESS , NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

(The Jury recommended Giles; and the Prosecutor said he would take him into his service , if delivered to him; he was then fined 1 s. and delivered .)

120. ANDREW BURKE was indicted for feloniously stealing, on the 13th day of February , 47 lb. weight of lead, value 3 s. the goods of William Allowley .

WILLIAM ALLOWLEY sworn.

I lost some lead within a week; I have lost a great deal.

JOHN WATMAN sworn.

The 8th day of this month, it was Wednesday was se'nnight, the dust came in upon the beasts; I looked up, and saw the lead was taken off; then I got up, and missed it.

HUGH O'DONNEL sworn.

I am patrol of St. Giles's: on Thursday the 9th instant, my partner, John Brown , and I were standing in Tottenham-court; we saw the prisoner; he crossed the way, and we thought he had something about him that was stolen; we followed him to an old-iron shop; he put down a bag, in which there was lead; I searched him, and found more lead in his pocket; I delivered the lead to Brown.

(Produces it.)

JOHN BROWN sworn.

I received this lead from O'Donnel; I tried it, and fitted it; I returned the same lead to O'Donnel.

Allowley. I cannot say that this is my lead; I have lost a large quantity.

Watman. I have compared it to the place; I saw the patrol do it; this lead will cover a part of the place; every part matched; Brown and I fitted it on; the nail-holes matched.

Brown. I carried the lead to the premises; it fitted as far as it went.

Prisoner. I found the lead in a bag.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

121. GEORGE ABRAHAMS, alias JONES, alias COX , and SARAH PATTEN , were indicted for feloniously stealing, on the 8th day of February , one gown and petticoat, value 5 s. the goods of Margaret Gill ; and one muslin apron, value 1 s. the goods of Mary Turner .

MARGARET GILL sworn.

The things mentioned in the indictment were hanging up to dry in an adjoiningroom; the prisoners are both strangers; the door was locked; I went in about half an hour, and the things were gone; it was between twelve and one o'clock in the day; when I went to unlock the door, I found it unlocked; I have got the things back; I advertised; I went to Litchfield-street, and saw them there.

MARY TURNER sworn.

I lost a muslin apron.

CHARLES PHILPOT sworn.

On Thursday the 2d, I was going along Brownlow-street; I saw the prisoner in company with another, and two women; I suspected they had robbed my neighbour; I followed them to Bowl-yard, St. Giles's; the prisoner went into a house, No. 7; the man prisoner came out, and conducted the women in; I went and fetched Peters, and the prisoner came out first; I catched hold of him; I caught hold of this woman, and she had a bundle in her left-hand; the man at the bar was cutting away at Mr. Ashfield; this caught my attention; the bundle contained a gown and petticoat, and white apron; I did not see the bundle dropped; I saw it afterwards at the office; I am sure it is the same bundle I saw in the street; I stopped the woman, and afterwards carried her to Short's-gardens; there he was surrounded by thirty or forty people, I mean Ashfield.

Prisoner Abrahams. Whether I had any company when you saw me go through Bowl-yard? - I am sure he is the man who first came out of the house.

WILLIAM ASHFIELD sworn.

I am a boot-maker; I was called to Bowl-yard, and saw the two prisoners, and two others, in the shop; they came out nearly together; I got hold of Abrahams; he twisted himself away; I got him again; he drew a knife, and I was cut, but I do not chuse to swear that the prisoner cut me; it was with great difficulty I could get him to the justice's; I searched him, and found a long pair of scissars in his pocket.

JOHN PETERS sworn.

I keep a coal-shed; I saw that man take them, and that is all I know.

RICHARD HARFORD sworn.

I took Sarah Patten in charge.

( Margaret Gill deposes to the things produced.)

( Mary Turner deposes to the apron.)

Prisoner Abrahams. I have nothing to say in my defence; there was nothing found on me.

Prisoner Patten. I was going into an iron-shop to buy a padlock, and this man asked me what I had got in my apron; I said, nothing; and he immediately took me to the office, and said I was in company.

GEORGE ABRAHAMS , (Aged 19,) SARAH PATTEN , (Aged 18,)

BOTH GUILTY .

ABRAHAMS transported for seven years .

PATTEN fined 1 s. and imprisoned 12 months .

Tried by the first Middlesex Jury before Mr. RECORDER.

122. WILLIAM DUFF was indicted for feloniously stealing, on the 23d day of January , one Cheshire cheese, value one guinea , the property of Charles Quin .

CHARLES QUIN sworn.

I am a cheesemonger : I had been out on the 23d of January, Monday, between the hours of seven and eight in the evening; and I came home, and saw the prisoner and two others walking by the door; I had some empty tubs I took in, and left out some small ones of no value; I thought the intention was to take these tubs; I shut the door, and went into my parlour, to speak to a neighbour; I saw the prisoner come into the shop; he took hold of the cheese nearest to the shop, and he turned himself round, and gave it to another man, whostood without the door; he went out, and pulled the door to after him; I went after him, and had hold of one handle of the door, and he had the other; I opened the door, and pursued him; he run into Clipstone-street, which is about forty yards, where he made a full stop, and walked back rather towards me; I was in the middle of the street; I crossed, and took hold of him by the collar; he asked what I wanted; I told him he had stole a cheese, and must go back with me; at that time he was rather resolute; but another person coming up, I took him to Litchfield-street.

JAMES TIFFANY sworn.

After I had done on the 23d of January, between seven and eight o'clock, I saw the prisoner at the bar go into Mr. Quin's shop, and take a cheese; I was on the other side of the way; the street is forty feet wide; I saw him give it to another man; I was in the dark, and the prisoner was in the light, so I am sure; the other man stood within a yard, he was dressed in a dark blue coat, or a black; the other man took the cheese; they both ran towards the corner; I ran over the way to Mr. Quin, and I met him at the door; I ran across the way, and shewed him which was the man; he knew which was the man; he ran over and took him, and carried him to Litchfield-street.

Prisoner. This boy swore that he saw me go across the street with the cheese.

Tiffany. I did not; I swore I saw him give the cheese to a man in a black or dark-blue coat.

EDWARD HALL sworn.

On the 23d of January, between the hours of seven and eight, I saw the prisoner and another man standing at Mr. Quin's door, and another man about two yards from the door; this prisoner had his hand against the door; being a neighbour of Mr. Quin's, I made a stop; he seeing that, shoved the door on one side, and I saw Mr. Quin standing between the parlour and the shop, and I thought the prisoner was going to speak to him; I was going but two doors further; I went in there; in about two minutes time I heard that Mr. Quin had lost a Cheshire cheese; I was on the same side of the way, close to the prisoner; and when he saw me look at him, he put his head aside; I laid hold of him along with Mr. Quin, and took him to the office; I am sure he is the man.

Prisoner. Had I this coat on at the time? - He had on a blue coat with white buttons.

Court. Were there any lights in Mr. Quin's shop? - Yes, a patent lamp.

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

GUILTY . (Aged 21.)

Transported for seven years .

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

123. JAMES PEARSON was indicted for feloniously stealing, on the 24th day of January last, 14 lb. of sugar, value 12 s. the goods of James M'Lellan .

JAMES M'LELLAN sworn.

On Tuesday, the 24th of January, at eight o'clock in the evening, the prisoner and the sugar were brought to me.

THOMAS CLARE sworn.

I am a plumber: coming from work, about eight, I saw the prisoner and two boys standing at M'Lellan's door; I suspected them, and saw the prisoner go in and take this loaf of sugar off the counter; he put it under his coat, and his hand over it; I followed him and took it from him, and he knocked me down and stamped on my breast; I cried out for assistance, which came; I carried the sugar and prisoner to M'Lellan's house; he would not believe, at that time, that he had lost any.

(Sugar produced, and deposed to by M'Lellan.) - I missed the sugar; there is 14 lb. and a cross on the bottom.

Prisoner. I have nothing to say for myself.

GUILTY . (Aged 22.)

In consequence of his treating Clare ill, he was ordered to be

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

124. THOMAS WILSON was again indicted for feloniously stealing, on the 30th of January , a cloth great coat, value 2 s. 6 d. the property of John Prosser .

JOHN PROSSER sworn.

I am a waiter at the Thatched House Tavern; I lost a great coat on Sunday, I missed it about a quarter before one in the morning.

ROBERT DYKE sworn.

I saw the prisoner coming down stairs on the 30th of January, between the hours of twelve and one.

JOHN HOPKINS sworn.

I saw the prisoner standing in the street, with a drab coloured coat under his arm; I went up to him and said, I believe you are the gentleman I want to speak with; he ran away; my suspicion was grounded on his having a great coat under his arm, and one on his back, and he ran away; I have kept this coat ever since.

(Produces the coat.)

JOHN MILLER sworn.

I know nothing of this coat, Prosser owned it.

Prosser. This is my coat, I will swear to it by the buttons being broke; I have no doubt at all of its being my coat.

PRISONER's DEFENCE.

I know nothing at all about the matter.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

125. WILLIAM BAKER , and ELIZABETH his wife , were indicted, for burglariously and feloniously breaking and entering the dwelling-house of Edward Ashley , about the hour of five in the day time, on the 18th of January , no person being therein, and feloniously stealing therein one hundred and five pounds, and various other articles, the goods of Edward Ashley .

(The case opened by Mr. Garrow.)

MARY ASHLEY sworn.

I live at No. 6, Vinegar-yard, St. Giles's , my husband is a servant to Mr. Kirkman; the prisoners lodged in my parlour, Mrs. Baker told me he was an exciseman , we were not intimate. On Saturday preceding the 18th of January, my brother in law called upon me; there were some people in my room, so that I could not talk to him; when he went down I followed him, I told him in the passage we had got some money, and begged him to come in the middle of the week to place out the money with Mr. Kirkman; when he was gone, Mrs. Baker came out and said, is that your brother? I said yes; she said, he is a pretty man; she then said, I find you have got money. On Monday I was going out to buy potatoes, Mrs. Baker said, where are you going? I said only to buy some potatoes: she said, if you leave that girl at home, you will repent every vein in your heart; I told her I had no suspicion of the girl; but if she had, to go up stairs, and wait till my return: she said she would go up and make a pretence to borrow the rolling-pin. On the same day she wanted me to go with her and buy a pair of pattens; I refused; she then wanted me to go and buy a patch for a gown; I refused. The same day, about two o'clock, she wanted me to go to Cranbourn-alley, to see some of the Dutchess of York's bonnet's; I said, I will not go: she then pressed me to go to see the King and Queen going to court; still I refused. On Tuesday I was going to washing, and she said, I had better go out, the air would do me good; Isaid I would not. On Wednesday she came up and lighted a candle, and asked me if I would go and see the King go to Court; I refused; she asked me whether I was going to market; I said yes: she said if you leave Nanny in the house, you may take my word you will be robbed: I asked the girl to go to market: she said she would; then she said, if Nanny and me went to market, she would boil the kettle against our coming back; I said, I will drink tea before I go; I did so, and she went to market with me and the girl; after we had got about five yards from the house, Mrs. Baker said, Nanny, have you shut the door, go back and see if it is safe? she did so, and joined us again; when I went out I did not know of any person being in the house; there were four men lodged in the back-room, I shut that room window about a minute before I went out, there was not any body in that room; we went to Lombard-court, she wanted me to go into a linen-draper's shop to look at some shawls; I said no. I did not want any; then she said, Mrs. Ashley, this is the first time I have been out with you, what will you drink? I said nothing, it will make me sick; we were gone about an hour; when I got home I saw the lid of the chest open in which we kept our money, open and propped up by the lid of the till; it was broke open; the girl was at home about two minutes before me, not more; she said to Hunt she is ruined; I heard that before I got up stairs, the pen-case was kept in the till, and the several articles mentioned in the indictment, the drawers had all been broken open, and the things thrown about; the watch hung over the mantle-piece, the lock was broke open, and it is an extraordinary good one; I was very much alarmed, and I went into fits. On Thursday morning Baker and his wife were taken up, I went down into their apartment, I saw Mr. De la Fontaine pick up this pen-case, it was on the floor under the bed; Mrs. Baker said, Mrs. Ashley has put that there; I left two receipts for rent in the till, that I swear, these receipts were found in the room, but not by me; they were picked up by the constable.

Mr. Knowlys, Prisoner's Counsel. You say you have always been upon friendly terms? - Yes.

When you parted from Mrs. Baker, did you go home as soon as you could? - I did.

You left the door on the latch? - Yes.

Night and day? - Yes.

The watchman used to call your husband? Sometimes.

Did John Venner lodge at your house? - Yes.

Is he a man to be credited? - Yes, certainly; he lodged with me a twelvemonth.

Did you go into Baker's apartment on your return on Wednesday night? - I did not.

What time did he go out in the morning? - I believe between ten and eleven.

When Baker went out in the morning, did not you push up your window? - No, I did not.

I think Nanny saw the pen-case in the morning? - Yes.

Nanny was never permitted to go into this back-room? - She is I believe very honest.

ANN GRIFFITHS sworn.

I am a servant out of place, I have known Mrs. Ashley about two years and a half; on the Queen's birth-day Mrs. Baker came up stairs, and wanted to light her candle, she asked Mrs. Ashley to go with her to buy pattens; Mrs. Ashley said she could not go before dinner; in about half an hour she came up again, and asked Mrs. Ashley to go with her to buy a patch for a gown, which she had seen that day, for twenty-five shillings; she refused going; then she wanted her to go to Cranbourn-alley to see the Dutchess of York's pattern bonnets; still Mrs. Ashley refused; then she asked her to go and see the Dutchess of York, and the King and Queen go to St. James's; this was also refused by Mrs. Ashley. No body was left in Mrs. Ashley's apartments; when I got a little way from the house, Mrs. Baker said, have you shut the door? I went back and found it fast; when we went out I left the door of Ashley's room double locked, and when I returned I found it only singlelocked; I saw the chest broke open; I shrieked out, and Hunt, the publican, ran into the house; Mrs. Ashley came home in about two minutes after I had got home: when Mrs. Baker came home, Mrs. Ashley said, are you not a base woman to take me out, and let your gang rob me? I was in the front room when the officers searched; one of them took up a bonnet, and under it he found two papers with Ashley's name on them: I cried out, Oh, Lord!

Mr. Knapp. Do you recollect at what time Baker came home on Wednesday? - About half past eleven.

Every body must have heard of this robbery? - I don't know.

What time did he return on Thursday? - About two o'clock.

JOHN DE LA FONTAINE sworn.

I went on Thursday the 19th of January and searched the apartments of Baker: under the bed, which lay on the floor, I found this pen-case (produced); it must have been placed under the bed, it could not have fallen there by accident; Mrs. Ashley immediately screamed out, and said it was her property: I searched the husband when he came home, and found nothing on him but half-a-guinea, and three or four shillings; I returned that to him: on his re-examination, I was at the Brown Bear, Bow-street, and in the same room with the prisoner; I pretended to go to sleep, and drew my breath hard, to induce them to think I was asleep; I heard Baker say, What a fool you are, having a whole night to take care of the things, to have these things found in your possession; I had sooner the whole bulk of money had been found in my hands, going out with it, than that those things should be found in your possession; this was said in a low tone of voice.

Mr. Knowlys. Having heard this, did you state it before the magistrate? - I did.

Did you sign your examination? - I believe not.

Who was the magistrate? - Mr. Addington.

So much for memory: pray did you see me there? - I do not know.

What day of the week was it that he was re-examined; upon your oath, have you never told any body, before he was fully committed, of this conversation? - Never.

You never told Mr. Briant so? - No.

What day of the week was it that he was re-examined? - I think it was on a Thursday.

What time of day was it they were re-examined? - I believe it was between seven and eight.

Mr. Garrow. Was the first examination in the forenoon? - Yes.

Mr. Briant came to the Brown Bear, as solicitor on the part of the prisoner? - Yes.

Court. How long have you been at Bow-street? - Twelve months.

Do you know of any reward in this case? - I do not; I made inquiry of Mr. Groves, and he said he did not think there was any in this case.

ROBERT BERRESFORD sworn.

I went with De la Fontaine; I searched, and found behind a table, under a bonnet, these two receipts (produces them); I said to De la Fontaine, I will go over to the public-house, and watch the husband's coming in; Mrs. Baker said, that young hussy threw them there, on purpose to swear her her life away.

(The pen-case and sundries deposed to by the prosecutrix.)

PETER JACOBS sworn.

I am a servant to Newport, at New-Prison: about a quarter before eleven at night, Baker and another were put into a coach to be conveyed to New-Prison; I had two others, handcuffed, in the house; while I turned round to call them, Baker got out of the coach; I took him again; when I seized him, I said, D - n you, what do you serve me so for? He replied, Would not a man who is afraid of being hung be glad to make his escape? When we had got to Clerkenwell-green, he said, D - n you, whata slat you are; you will only get 40 l. by me, I don't mind 50 l. or 60 l.; I said, I have nothing to say to you, but to take you to gaol: the prisoner was only examined twice.

WILLIAM HUNT sworn.

I am a publican; I was getting my pots in, and heard the girl scream out, and she said Mrs. Ashley is ruined; I went into the house, and saw the box had been forced open; Mrs. Ashley came in in about five minutes: the street-door is generally left on the latch.

GEORGE DURHAM sworn.

I wrote these receipts; Ashley is my tenant.

Prisoner Baker. I leave it to my counsel.

Mr. BRIANT sworn.

I am solicitor for the prisoner: on the Thursday after the Queen's birth-day, the prisoners were examined, between six and seven, I think; the following evening, Friday, I was sitting, in a family manner, in Mrs. Merryfield's bar; De la Fontaine came in, and the conversation turned upon Baker; he then said he had heard Baker speak to his wife; this was the day after the first examination; he said that he would not do the prisoner any harm, for that he would not reveal it.

JOHN VENNALL sworn.

I lodged at Ashley's house at the time of the robbery; I saw a man at Baker's door; I thought he was an acquaintance; he was a middle-sized man; he had a green upper-coat on; I told this to Mrs. Ashley: I cannot say whether the prisoner is or is not the person I saw.

Jury to Mrs. Ashley. Did you ever see the prisoner in a green coat? - Frequently.

The Jury retired about a quarter of an hour.

WILLIAM BAKER , (Aged 23,)

GUILTY , Death .

ELIZABETH BAKER , NOT GUILTY .

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

126. THOMAS BARTON was indicted for feloniously stealing, on the 23d day of January , three wooden inlaid tea-caddies, value 15 s. a linen shirt, a pair of silk stockings, &c, value 20 s. the goods of Thomas Meymott .

THOMAS MEYMOTT sworn.

I live in Moorfields ; I am a broker : I missed the articles on the 23d of January; they were in my back-room, in a bookcase; I have not seen them since Christmas: I went to the pawnbrokers in the neighbourhood; I went to Mr. Davis's, the corner of Widegate-alley; I found one oval tea-caddy, pawned in the name of Barton: I went to Clarke's, and found an octagon one, pledged in the same name; I then apprehended the prisoner; he was my hairdresser; he confessed; there was nothing said to induce him to confess: when it was discovered, he said he had taken a single one, and hoped we would look over it; when I informed him that I knew more of it, he confessed a second, and then a third: the prisoner had access to my kitchen, which is up stairs: we were directed by the prisoner to go to Mr. Clinker's, and there we found another; and at Purse's we found stockings and a shirt: he is a journeyman ; he confessed taking the things out of the book-case.

RICHARD SHARE sworn.

I am servant to Mr. John Davis , a pawnbroker: on the 24th of December, the prisoner at the bar brought this caddy; I lent him 2 s. he said his name was Barton, and that he lived in Old Bethlehem; I am sure he is the man.

EDWARD SPENCER sworn.

On the 5th of December last I took this caddy in of Thomas Barton ; I lent him 2 s. 6 d. he said he lived in Old Bethlehem: on the 31st of December I took in a pair of silk stockings; I lent him 2 s. 6 d.: a shirt pledged on the 4th of January, I did not receive it.

WILLIAM WAKEFIELD sworn.

I am a servant to Alexander Purse , at London-wall: I produce a pair of silk stockings, pledged in the name of Thomas Barton , on the 12th of December; a pair of worsted ditto, 1 s. 17th of December; a shirt in November.

- CLINKER sworn.

The prisoner pledged this caddy on the 10th of December.

THOMAS ATWELL sworn.

I am a constable: I searched the prisoner, and found these duplicates.

(Meymott deposes to the property.)

PRISONER's DEFENCE.

Mr. Meymott sent for me to my lodgings, and told me he could be of service to me, and then said he must have a warrant to search my lodgings; I told him he need not be at the trouble; I gave him my key, and they found the duplicates; I bought the caddies of various people that hawk them about Moorfields.

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

GUILTY , (Aged 29.)

Transported for seven years .

Tried by the London Jury before Mr. COMMON SERJEANT.

127. PETER MILLAR was indicted for feloniously stealing, on the 20th day of January , a linen shirt, value 8 s. the goods of Susannah Spiller .

SUSANNAH SPILLER sworn.

I am a widow; I lost a shirt on Friday the 20th of January; I hung out several shirts between eleven and twelve; I saw they were all there; I missed one shirt between three and four; I suspected Peter Millar ; the constable found the shirt; he said he meant to bring it to me on the morrow morning; it was tucked in between the lath and plaster, in his bed-room; the constable took it out; I was present; I said, that is my shirt, it is marked with two F's; I am a washerwoman; the constable has had it from that time to this.

THOMAS PERKINS sworn.

(Produces the shirt.) I took it from the boy's room.

PRISONER's DEFENCE.

Please you, my Lord, I met a man in Hampstead, and he asked me if there was a pawnbroker's in the town; I said, no; he said, I have got a shirt to sell for 2 s.; he asked me to buy it; I said, I would ask the coachman; I took it to the coachman, and he said he would lend me 2 s. to buy it for myself, as he did not want any thing of the kind.

GUILTY . Whipped .

Tried by the second Middlesex Jury before Mr. RECORDER.

128. THOMAS PRICE was indicted for stealing, on the 26th day of January , a pewter quart pot, value 10 d. and a pewter pint pot, value 6 d. the goods of Patrick Corcoran .

PATRICK CORCORAN sworn.

I am a victualler; I keep the sign of the Active and Hermione, the corner of Compton-street .

SARAH BRYANT sworn.

I go to work; I was coming down stairs; I met this man going up stairs, at Mr. Willcox's, in Grafton-street; I asked him who he wanted; he put the pot down; I shut the door; I lodge in that house; I called Mrs. Willcox; then she sent for a publican; he came; this pot, that he dropped, the man at the Falcon picked up; I have had it ever since.

BRIANT TAYLOR sworn.

I produce a pint pot; I was at Bramwell's; he and I went over together; I tookthe prisoner, and searched him, and found this pint pot upon him.

Corcoran. My house is not a quarter of a mile from Grafton-street; I live at the corner of Prince's-street: I have lost a vast number of pots.

GUILTY , (Aged 59.) Whipped .

Tried by the second Middlesex Jury before Mr. RECORDER.

129. THOMAS WYATT was indicted for feloniously stealing, on the 16th day of February , a mahogany table, value 12 s. the goods of John Merryman .

JOHN MERRYMAN sworn.

I am a broker : I lost a table last Thursday; I missed it between four and five; I pursued the prisoner, and found the table on his shoulder; I have the table here (produced); it is my table; he put it down, and run away; I never lost sight of him after.

Joseph Onion , a little boy twelve years old.

Court. Do you know what will become of you, if you tell a lie? - I shall go into brimstone and fire.

JOSEPH ONION sworn.

I saw that man walking before Mr. Merryman's door, and I told Mr. Merryman's daughter that he had taken a table away.

SOLOMON SHEPHERD sworn.

I am a constable: I saw the prosecutor lay hold of the prisoner's collar, and I took him into custody.

PRISONER's DEFENCE.

I was coming along, and there was a mob; I asked what was the matter, and they took me; I am as innocent as the child unborn.

GUILTY , (Aged 49.) Whipped .

Tried by the second Middlesex Jury before Mr. RECORDER.

130. SARAH PEARCE was indicted for stealing, on the 19th day of January , the carcase of a goose, value 4 s. the goods of Joseph Nicholls .

JOSEPH NICHOLLS sworn.

I am a poulterer ; I am a housekeeper, in Shadwell High-street ; it was on the 19th of January, between the hours of three and four in the day; it was not stubbed; I saw her take it; I went after her; she was four or five doors off; I desired her to come back to the shop; there she threw it down; she was desired to ask pardon; she said, there is your property, I shall not do any thing of the kind: I salted it down. (Produces it.

GUILTY .

Fined 1 s. and imprisoned one month in Newgate .

Tried by the second Middlesex Jury before Mr. RECORDER.

131. EDWARD MOULTON was indicted for feloniously stealing, on the 2d day of February , a leg of mutton, value 2 s. 6 d. and an iron hook, value 1 d. the goods of William Borritt .

WILLIAM BORRITT sworn.

On the 2d of February, at twenty minutes before eight o'clock, I had hung up five legs of mutton, and some pieces of beef; I lost a leg of mutton.

THOMAS PHILLIPS sworn.

I am a carpenter; I live next door to Borritt; I saw the prisoner and two others; the prisoner at the bar stopped; then they came by my house, and went back; and the prisoner took the leg of mutton off the hook; he put it under his coat; I went and asked Borritt's servant if he saw the man take the mutton; I took the prisoner; he went into a passage, and there he left the mutton, and came out without it; before the mutton was brought out, he said he knew nothing of it: the prisoner said,Bl - st you, or d - n you, if you do not let me go, I will cut your bloody head off.

Prisoner. Did you see me go into the passage? - I did not.

EDWARD SMITH sworn.

I am a butcher: on the 2d of February, I was coming from Islington; I saw a leg of mutton in the passage; it is a passage from St. John's-street to Northampton-street: the prisoner denied any knowledge of the mutton.

Phillips. I saw Smith there; it was about eight o'clock.

PRISONER's DEFENCE.

I was coming through this passage, and they said they had lost a leg of mutton, and Mr. Phillips said I had taken it.

WILLIAM ALLEN sworn.

I picked up this mutton in George-alley, and delivered it to Borritt's boy; I saw the leg of mutton near the place where they make water; the prisoner was fourteen yards from the place where the mutton was found: I advised them to let the prisoner go, as the property was found, and he had lost sight of the prisoner.

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

GUILTY , (Aged 18.) Whipped .

Tried by the second Middlesex Jury before Mr. RECORDER.

132. JAMES M'LEANE was indicted for feloniously stealing, on the 19th of January , a cloth jacket and waistcoat, value 3 s. the goods of John Cotton .

JOHN COTTON sworn.

I live at No. 67, Rosemary-lane ; I am a cordwainer ; I lost a cloth jacket on the 19th of January; I work at home, and after I had left work I was sitting by the fire, getting my supper; the watchman comes by, calls and tells me my door was open; I immediately got up, to shut up; I had fastened it before, both latched and bolted; I immediately got up, to shut up, and saw the prisoner with the jacket and waistcoat under his arm, in my shop, in the inside the room; it was about two or three yards from the shop where I was sitting; they had been left on the counter.

How could he get in? - The top of the door is a hatch, and I suppose it was not bolted; and the under door has two bolts and a latch; I did not hear the door open at all; I had left work three quarters of an hour; the watchman alarmed me; I gave him charge of the prisoner; he had the things under his arm.

JOHN AYRES sworn.

I am a watchman: as I was going round, crying ten o'clock, I found Mr. Cotton's door fast; as I was coming back, I pushed against the door, and found it gave way; I called to Mr. Cotton, and saw the prisoner at the bar with the property under his arm; I have kept it ever since.

(Produced and deposed to.)

GUILTY . (Aged 25.)

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

[Transportation. See summary.]

133. THOMAS WEST was indicted for feloniously stealing, on the 20th day of January , two pewter quart pots, value 1 s. 6 d. the goods of Michael Wells .

MICHAEL WELLS sworn.

I am a publican ; I keep the Ship, Little Turnstile, Holborn ; I did not see the pots taken.

JOHN EARING sworn.

I am a glazier: the prisoner at the bar came into Mr. Wells's, and called for a pint of beer, drank off the beer, and went backwards, and staid a long time; and I looked (knowing he was a stranger to the house), and saw him open the kitchen-door,and take out a quart pot, and carry it into the yard, and put it behind the door; and then he came and took a second, and put it in the same place; and hearing a disturbance in the house, he steps into the house, and whips down in the place where he was before, and appeared very much frighted; and I went to the landlady, and told her; and another man went to the prisoner, and said, you rogue, you have been robbing the landlady, stealing quart pots; he trembled very much, and said he never did such a thing in his life: they asked him what he was; he said he was a porter for his livelihood: we went backward, and found the pots behind the door; I took them from the door, and gave them to the landlady; I believe the landlord was present.

Wells I received them from my wife; the prisoner was not present; he was in the tap-room at the time; I lost a gallon-pot the same evening before.

RICHARD HOUGHTON sworn.

I am a coach-harness-plate-maker, I was in this public-house; I saw the prisoner go backward, and he was a great while backward; he came into the door, and slipt into the box; and this young fellow, John Earing , was in the tap-room, and he saw the prisoner had been carrying the pots out one at a time; we kept the prisoner while he went out for the pots; I saw them brought in.

To Earing. What name was on those pots? - Michael Wells .

THOMAS YATES sworn.

I am the patrol; I took him into custody; there was nothing found upon him.

WILLIAM BROWN sworn.

I took him into custody.

GUILTY . (Aged 22.)

Tried by the second Middlesex Jury before Mr. RECORDER.

[Whipping. See summary.]

134. WILLIAM SMITH , and MARY his wife , were indicted for feloniously stealing, on the 19th day of January , one quart pewter pot, value 10 d. and one pint pewter pot, value 4 d. the goods of William Metcalfe .

WILLIAM METCALFE sworn.

The pots were my property; I am a publican ; I live in Windmill-street, Tottenham-court-road, at the White-hart ; I lost a quart pot and a pint pot, between the hours of three and four, on the 19th of January; I did not serve them.

WILLIAM METCALFE , jun. sworn.

I am the son of the last witness: they came into my father's house about three o'clock, and called for a pint; they had some bread and cheese of their own, which they eat, and paid for the pint of beer; when they had paid for the pint of beer, they wanted some gin, and I saw them take a quart pot; I let them go out of the house, and called my father, and he pursued them, and took a quart pot from under the woman's apron; and I collared the man, and took a bag from him, in which were seven more pots, not my father's; when we were at the watch-house, there was another pint pot taken from his left-hand pocket; the quart and pint have my father's name upon them.

- PATMAN sworn.

I am a watchman: I was there, and saw these two people having a pint of beer; afterwards the woman takes a quart pot; and she was followed, and the father took it from her, and I took this pint from his left-hand pocket, in the watch-house.

(Deposed to.)

WILLIAM SMITH , (Aged 58,)

GUILTY .

MARY SMITH , NOT GUILTY .

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

[Whipping. See summary.]

135. THOMAS HAROD was indicted for feloniously stealing, on the 6th day of February , two half cotton shawls, value 2 s. the goods of John Andrews .

JOHN ANDREWS sworn.

I am a poor man; I lost the articles from my place; I keep a cellar, and sell garden-stuff and greens ; I left the prisoner there, while I went with a message, the 6th of February, on a Wednesday; I left him between two and three o'clock, very near three o'clock; when I came back, he was gone; I did not miss any thing; my wife missed the things when she came home, and then I knew they were gone; two half calico shawls, a quarter of a pound of Souchong tea, and seven pawnbroker's duplicates; the shawls were in a box, and the duplicates in a little box inside another box, and the tea in a canister, on the table; I have never recovered any thing but the duplicates, and a little of the tea loose in his pocket; my wife catched him in Cranbourn-alley; my house is in Duke-street, St. James's; I saw them taken out of his pocket; he was brought home to my place in a little better than an hour; they were taken from his left-hand pocket; the tea was common brown tea; I had known him six years ago, and had not seen him till this day since.

JOHN JONES sworn.

I was coming along Duke-street, and there were a great many people about the prosecutor's door, and they had got the man; I searched him, and took this box, containing these duplicates, out of his pocket; there was some tea, but such a little, it could not be discerned what tea it was.

Court to Prosecutor. Were all the things pawned in your own name? - Yes; they were pawned in Cranbourn-alley.

(The box and duplicates deposed to.)

PRISONER's DEFENCE.

I found it going into the prosecutor's house from easing myself, and I went immediately to seek after work; and in about an hour, in Cranbourn-alley, I met the prosecutor's wife, and I told her then, as I had but just looked at it, that I had picked up a box and the contents; she said she had lost many things else, and if I would tell her where they were, she would forgive me.

GUILTY . (Aged 35.)

Tried by the second Middlesex Jury before Mr. RECORDER.

[Imprisonment. See summary.]

136. SHADRACH SHAW was indicted for fraudulently obtaining, under false pretences, of William Daniel Moxley , 176 l. 5 s. against the statute.

(The case opened by Mr. Garrow.)

WILLIAM DANIEL MOXLEY sworn.

I am a taylor : I was at the Bank on the 8th of November, last year; Mr. Shaw was standing at the fire, in the Transfer-office; Mr. Shaw came to me, and asked me the price of the 3 per Cents.; I told him they were an 8th, that meant 88 and an 8th; he told me he wanted to sell 200 l.; I told him he might put them to my name, at that price; I understood 200 l. 3 per Cent. Consols; I saw him very near a quarter of an hour after, and asked him if the stock was transferred; he replied, it was not; I saw him again about half an hour from the second conversation, and he brought me the receipt. (The receipt produced) There is a mistake; I have two Christian names,William Daniel; he left out the William; I told him of the mistake, and that I would go to the books and see if it was right there; Mr. Shaw directed me, under the letter W.; I saw it transferred in the book; I paid him 176 l. 5 s. the price which I agreed for; I paid him by two drafts, which were afterwards paid.

Mr. Shepherd, Prisoner's Counsel. This business was done publickly? - Yes.

Are you a stock-jobber? - I am.

Did you sell this again? - I have, and been paid for the whole.

Do you know who received the dividend? - I do not; I sold it as a jobber.

GEORGE GIBBS sworn.

I witnessed this transfer, and the receipt likewise; I saw Mr. Shaw sign these two several instruments; I am clerk in the 3 per Cent. office; if any person transfers stock, there is a person who inspects the ticket and the books, to see if the money is there: in July, 1791, he made two different transfers.

Mr. Shepherd. Do you not know jobbers to buy and sell the same day; is it a singular thing; if so, how came it not to be noticed in the year 1790? - I have not inspected accounts, so I do not know; but ten years ago, when I inspected accounts, I remember that to have been done; when the books shut the 1st of December, and were opened the 19th of January.

For what purpose are the clerks put? - To assist paying the dividends.

I believe Mr. Shaw has bought and sold? - I have seen an account in the 5 per Cents.

Mr. Garrow. What happened ten years ago was the selling some stock that had been bought the same day? - It was; it is not against all general orders; it is in cases of legacies, and on some particular occasions, when a person will not be in town the next day.

WILLIAM SLADDEN sworn.

I live at Kensington: on the 17th of January I had a visit from Mr. Shaw; I never saw him before that day; he asked if my name was William Sladden ; if I had not property in the 3 per Cent. Consols; I told him yes, I had; he then said, that owing to the multiplicity of names, and the hurry of business, there had been a mistake; that a person had received a dividend of 400 l. stock of mine, but had given him the money to pay me with, if I would accept of it; I told him, no; if there was any mistake, I would chuse to have it rectified at the Bank tomorrow; says he, it is a holiday, and no business done; come on Thursday; I told him yes, if nothing particular happened; he then told me that his name was Shaw, he had been some years in the 3 per Cent. office, and that he was very well known: on Thursday I went to the Bank; I found out the broker, and went to the 3 per Cent. office, and saw the chief clerk, who informed me that my stock stood right in the ledger, but the dividend-warrant was made out for 250 l. only; Mr. Vicary was the chief clerk.

Mr. Knowlys, Prisoner's Counsel. This conversation was on the 17th; you did not come till the 19th; he told you his name, and that he was a clerk of the Bank, and exceedingly well known? - Yes.

ABRAHAM VICARY sworn.

I am one of the chief clerks in the Bank: on Mr. Sladden's coming to the office, I looked into the state of the ledger, and found 650 l. to his credit.

In what manner is the preparation for the dividend-warrants? - The books are shut at a certain time, when no transfers can be made, or paid, then of course the several stock-holders stocks had to the ledger; balances are taken on those stock-accounts, and dividend-warrants prepared on those balances, from the balance-sheet; the clerks in general do that; one takes the ledger, the other the slip; Mr. Shaw appears on the ledger to have over credit for 400 l., a false credit, which if taken from that improper place, Mr. Shaw's, and put in its proper place, Mr. Sladden's, it would have made Mr. Sladden's just 650 l. on the balance-sheet; the 400 l. being, in addition to his 250 l. which he had there, 650 l. andthen Sladden would have his whole dividend on the 650 l.

Mr. Garrow to Vicary. Was there a person of the name of Hands in the 3 per Cents.? - There was.

Do you recollect seeing Mr. Shaw and Mr. Hands after Mr. Sladden came to the Bank on the 19th? - I did.

Was that before or after Mr. Shaw was apprized that he must be examined by the Directors? - Before: in that instance it appears that 250 l. was called out to the name of Sladden.

Mr. Shaw had nothing to do in making out that bill? - None in the least.

Had any thing passed between you and Mr. Shaw? - I went and asked Mr. Shaw what mistakes had happened in the office, and what occasioned him to go to Kensington on the Tuesday; he muttered something, and attempted to speak to Mr. Hands, and did speak, as it appeared from what passed; I am not positive, because I was at a distance; soon after that, Mr. Shaw was sent for; I don't know that any intimacy has subsisted between Mr. Shaw and Mr. Hands; he has absconded, and is advertised for that and other offences.

Mr. Shepherd. I believe no clerk in the Transfer-office does business in his own letter? - No, except he is in the place.

Are they never placed in the letter where they have stock? - It is not particularly attended to; I believe he was not placed in letter S.

The ticket that is put into a box a clerk takes it out, and compares it with the stock in the box? - Yes.

Was this balance taken by Mr. Shaw? - I don't know.

Do you not know that often mistakes have happened by people who job? - Certainly there have.

Do you know that it frequently happens that a man buys and sells stock in the same day? - I cannot say; I don't know, except in cases of necessity.

Is it not frequently done by a gratuity to the clerk? - It may be, but I don't allow it.

Mr. WALSH sworn.

I produce the ticket of the transfer in this particular instance, passed by Mr. Hands, whose duty it was in this particular instance to pass it.

- MOORHOOSE sworn.

I am a clerk at the Bank; this is my balance-sheet belonging to the letter S. of my ledger for January, including Sladden's and Shaw's dividend; Mr. Hands made out the money; he assisted; they are not his figures, I don't know whose they are.

JOHN WOODHOUSE sworn.

I am clerk to Messrs. Prescott, cashier; I paid Mr. Nesbitt's draft, to the amount of 43 l. 18 s. 9 d. to Mr. Shaw.

Mr. Shepherd. Mr. Shaw was of credit in your house? - He was.

Mr. Garrow. On the 19th of January had he any cash? - He was over-drawn 400 l. by a draft; at which time, before the coming in of that draft, he was over-drawn, I believe, about 40 l. the draft was 360 l.

HENRY STUBBS sworn.

I am clerk in the house of Snaith, Sykes, and Co. I paid Mr. Moxley's draft for 132 l. 6 s. 3 d.

FRANCIS WALSH sworn.

I am a clerk in the Bank: I have an extract from the ledger of the Bank.

On the 16th of November had Mr. Shaw 200 l. 3 per Cent. Consols.? - No, Sir.

Had he any money at all? - No.

Now I would ask you, whether, on the 30th of September, he had the sum of 200 l. or any other sum, in the Consols? - No.

The department in which Mr. Shaw was engaged, was clerk in the Transfer-office? - It was no part of his business to deal in the payment of the dividends; it was the first or second day, and I believe the last is dated on that day.

Was it his ordinary business to pay dividends? - No, his regular business was to transfer, except for the first day or two ofpaying dividends, when we send the clerks in to assist, and I believe Mr. Shaw went in.

From the 18th of May, 1789, till this time, had he ever had more than 20 l. in his account in the Consols? - No, and that was there only to the 6th of August; there was none remaining more than a day.

Do you permit that transaction to take place of buying and selling on the same day? - Not except in particular cases.

(Mr. Shepherd addressed the Jury on the part of the Defendant.)

CHARLES DICKSON sworn.

I live in Gerrard-street; I am a brush-maker and turner; I have known Mr. Shaw nineteen years, one of the most exemplary characters I ever heard of.

ANDREW ABBOTT sworn.

I live at No. 82, Fleet-street; I am potter to the Prince of Wales; I have known him six or seven years; I have intrusted him with many thousand pounds in the stocks.

JANE POOLE sworn.

I live in Camomile-street; I have known him ten or twelve years; he has had very nigh 2000 l. of my property; he has an honest character in every respect.

- CLARIDGE sworn.

I have known him nine years; his character is undeniable; I trusted him with 1300 l. for very nigh six months; when I wanted money, there it was to a farthing.

SARAH SERJEANT sworn.

I live in Whitechapel; I have known him twenty-six years last October; he has the best of characters; he has had several hundreds of pounds pass through his hands.

THOMAS ALLUM sworn.

I live in Chiswell-street; I have known him fifteen years; he kept my books ten years; he has an excellent character; I have trusted him with many hundreds.

JOSEPH FRANCIS sworn.

I have known him seven or eight years; I live in the Strand; he has the very best of characters; I am one of his securities at the Bank.

Mr. BECKET sworn.

I have known him sixteen or seventeen years; he has an unexceptionable good character; I have intrusted him with 4000 l. and he is my executor now: he has a wife and four children, and an aged father and mother.

(The Defendant called three other witnesses, who gave him an excellent character.)

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Justice ASHURST.

137. ELIZABETH BATES was indicted for feloniously stealing, on the 5th day of September , one volume of Blair's Sermons, value 1 s. and a variety of wearing apparel , the goods of Samuel Cooper , Esq .

ALICE COOPER sworn.

I am the wife of Mr. Samuel Cooper , Southampton-buildings ; she came to live with me July the ninth, at which time myself and daughter went to Bristol, and I left the prisoner in care of the house; I did not miss any of the articles till last November; I saw some impropriety in her conduct, and that led me to Mrs. Dupont, with whom she formerly lived; Mrs. Dupont produced a carpet and blankets; that led to the discovery of other articles; I then asked if Blair's Sermons was there; it was produced, and a child's mahogany chair, and a pillowcase which had the initials of my name, S. C. picked out, and B. put into another part; there were some other articles found at her lodging.

SAMUEL COOPER sworn.

On the 23d of November last, I went to the prisoner's lodgings, in Shoe-lane, and there I found Nelson's Festivals and Fasts, and a muslin cravat; the prisoner was there; I told her the book was mine; she admitted it was, but Mrs. Cooper had lent it her, or gave it her; as to the cravat, she said it was not mine, she had it to wash for a friend; it has no mark.

MARY WEST sworn.

I am servant to Mrs. Dupont: the prisoner brought a child's mahogany chair to Mrs. Dupont, October 1790.

Court. Were all those things you delivered to Mrs. Cooper brought by the prisoner; was any book of Sermons? - Yes, and a pillow-case: Mrs. Dupont deals in quills.

How came she to bring them to Mrs. Dupont? - She came with Mrs. Cooper's compliments; she left them in the care of Mrs. Dupont, and would be obliged to her to let them stand in our house; they were carried up three pair of stairs.

Did she ever come and take any thing away again? - Yes, I believe, a coat and a new gown.

ROBERT SHORTO sworn.

I am servant to Mr. Cooper: on the 22d of November, I went, with my mistress,to Mrs. Dupont's, and I heard my mistress say, these are my things; and on the 24th I went and brought them away in a coach: afterwards I went to the prisoner's lodgings, and there were some things found there. (Produces them.) There was a chair found at Dupont's, and Blair's Sermons (deposed to by Mrs. Cooper); Nelson's Festivals found in the lodgings, and a pair of silk stockings (deposed to); also a clothes brush.

GUILTY.

(She was recommended to mercy .)

Imprisoned twelve months , and fined 1 s.

Tried by the second Middlesex Jury before Mr. RECORDER.

138. EDWARD VAUGHAN and WILLIAM NICHOLLS were indicted for burglariously and feloniously breaking and entering the dwelling-house of George Capon , about the hour of seven in the night, and feloniously stealing therein a cotton gown, value 12 s. a watch, value 40 s. a watch-chain, value 2 s. a metal seal, value 2 s. 6 d. the goods of William Austin , in the dwelling-house of the said George Capon .

WILLIAM AUSTIN sworn.

I am a dyer , in Booth-street, Spitalfields : I left my apartments safe locked about seven in the evening, and they were safe locked up at nine o'clock; when I came home, I found the street-door lock picked, and the bed-room door, on the right hand, unlocked: I have lodgers, who were at home when I went out: the bed-room door was forced open, and the bolt of the lock was bent. (States the articles in the indictment.) I left all these articles safe at seven o'clock: I have seen the watch and chain in Joseph Nash 's hands since I lost it: it was dark when I went out.

JOSEPH NASH sworn.

I am a headborough: on Monday night, between eight and nine, I was going up Booth-street; I saw Nicholls and Vaughan in Booth-street, with a candle; I watched them, and saw them go into the house of the prosecutor; I ran to my brother, and told him there were two people in a house; I then went into the house of the prosecutor; they said they had lost a watch; I went in pursuit of the prisoners; my reason for not attempting to take them was, there were two of them, and I only one; I went after them to Petticoat-lane, and found them; I took them from Mr. Philips's, in Petticoat-lane; he keeps an old-iron shop; I took them to Mile-end New-town watch-house; when I went into Philips's, I asked for a watch; and while I was securing them, Philips gave me the watch; they were both at Philips's.

THOMAS TURNBULL sworn.

I am by trade a hot-presser: on Monday evening last, when I came home, the street was in confusion; that was Booth-street; Mr. Nash was there, and he and I went to Philips's, and found the prisoners, and the watch.

SAMUEL PHILIPS sworn.

I am a dealer in broken flint glass: on Monday night, about a quarter after eight o'clock, the prisoners came to my shop; one of them, Vaughan, asked me to buy a watch; I told them I did not deal in watches; immediately Mr. Nash came in; I did not take the watch out of his hands; Nash said, search these prisoners; Vaughan put the watch on the table; I said to Nash, here is the watch.

Prisoner Vaughan. Did you not pull the watch out of your own pocket? - No, I did not, I swear.

THOMAS BOWYER sworn.

I am a weaver, Gentlemen of the Jury: I came down in the evening, about half past eight o'clock, and found the back door of the entry wide open, and I fastened and bolted the back door and shut the street-door: about twelve minutes afterwards, I came down stairs again; the back door wasfast; I then was proceeding to the street-door, and found the prosecutor's bed-room door wide open; I came to the street-door, and found that about half-a-yard open; Joseph Nash was at the next door; he came up to me; I called for a light; I took him into the bed-room; I told him the apartment was not mine; Nash then went in pursuit.

(The watch produced, and deposed to by the prosecutor.)

PRISONER VAUGHAN's DEFENCE.

I did not see the watch before I was at Philips's; I went there to buy a pannel for my door; I am a carpenter ; I was not there ten minutes before Mr. Nash came in, and said that he wanted me; Philips is a receiver of stolen goods.

Prisoner Nicholls. Please you, my Lord, I only went into the shop of Philips to ask him for a shilling he owed me.

Philips. I owed Nicholls a shilling for some work he had done before.

EDWARD VAUGHAN , alias PURCELL,

GUILTY .

WILLIAM NICHOLLS , GUILTY of stealing to the value of 39 s.

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

139. ROBERT AYRES was indicted for feloniously stealing, on the 8th of February , one leather knee-boot, value 5 s. the goods of Drayton Moore .

THOMAS WILDMAN sworn.

On the 9th of this month, I had been to the Old Hats, on the Uxbridge road; returning home, one of the mail-coaches overset us, and broke the chaise, so that we were obliged to walk; the officers of Bow-street lent us assistance; I sent next day for the chaise, and the knee-boot was lost, it had been cut off; the accident happened on Wednesday, and on the Friday they sent for me to Bow-street.

JOHN BAYLEY sworn.

On Wednesday evening, the 8th of February, about eleven o'clock, I stopped the prisoner; he had this bundle tied up in a handkerchief; he said they were his clothes; I took him into the turnpike-house, and found it was a knee-boat; he said he found it; two of my partners presently came up, and said a stage was broke down on Shepherd's-bush common ; I went there the next day, and met the people; Mr. Wildman had sent for the chaise; we went to Islington on the following day, and ripped off the remainder of the leather knee-boot, and on comparing them they matched exactly.

(Produces the knee-boot, and the piece that was afterwards ripped off; compared.)

JOHN BAKER , jun. sworn.

All that my partner has said is true; I know no more.

Wildman. (Deposes to the knee-boot.) I am very sure it is the same.

PRISONER's DEFENCE.

I had been in the country for my tools, and on my return I saw two men making off over a field; I saw the bundle lying in the road, and came up to this turnpike, and there they stopped me; I did not say it was my clothes, I said it was probably clothes.

GUILTY . (Aged 35.)

Fined 1 s. and imprisoned six months .

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

140. WILLIAM WATTS was indicted for feloniously stealing, on the 7th day of January , one piece of silk handkerchief, containing fourteen handkerchiefs, value 64 s. the goods of Alexander Blythe , Charles Blythe , and George Blythe , privately in their shop .

GEORGE BLYTHE sworn.

The prisoner came to our house on the 30th of January, about five o'clock; the candles were not lighted; he came in, and desired to see some handkerchiefs; there were several customers in the shop; my two brothers were in the shop; they are my partners; their names are Alexander and Charles Blythe ; I shewed him three pieces; they are silk handkerchiefs; in the mean time he took a piece out of the shop; he pushed them all together, and asked the price; I said, 4 s. 6 d. he offered 3 s. 6 d. there was another boy along with him; we missed one piece as soon as he was gone out of the shop; I did not see him separate that one from the other; he walked out as soon as he said we could not agree; I was suspicious of him, and as soon as I missed it I went after him up Long-lane, and there I saw him take it from under his coat, and throw it down; after he dropped the goods, I lost him; I pursued him, and he was brought back in five or six minutes; the goods were picked up by a stranger, and brought back to our shop; it contains fourteen handkerchiefs; they are worth sixty-four shillings. (Produced.) The other boy went out with the prisoner.

ROBERT NEWMAN sworn.

I only produce the handkerchiefs; I have had them ever since.

SIMEON STEVENS sworn.

I am a constable, and took the prisoner, and marked the goods.

Prisoner. I was going on an errand into Holborn for my master.

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

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

141. WILLIAM COLLIN was indicted for feloniously stealing, on the 1st day of February , one cotton shawl, value 4 s. and four pocket-handkerchiefs, value 3 s. &c. the goods of Harry Weedon ; and one apron, value 1 s. the goods of Margaret Bell .

HARRY WEEDON sworn.

I am a taylor ; the articles in the indictment belong to me, except the apron; they were on my shop counter, I saw them about three o'clock in the afternoon; I had been out, and returned about a quarter before four, and was told I was robbed.

MARGARET BELL sworn.

I lost a cloth apron; I saw it at three o'clock.

CHARLES COULSON sworn.

I am a servant; I saw the prisoner go into the house; I was on the same side of the way; in about two minutes after, he came out; I seized him; just before I seized him, he dropped the bundle.

MICHAEL DAVENPORT sworn.

I am a constable; I produce this bundle; I have opened it; I received the bundle of Mrs. Weedon, and have kept it ever since.

Harry Weedon deposes to the things mentioned in the indictment.

GUILTY . (Not 13.)

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

142. THOMAS BARTON was indicted for stealing, on the 7th day of November , one linen shirt, value 7 s. the goods of George Ansell .

GEORGE ANSELL sworn.

I live in Long-alley, Moorfields : on or about the 8th of November, my servant asked me if I had taken away a shirt: the shirt was found at Mrs. Purse's, in London-wall.

WILLIAM WAKEFIELD sworn.

I produce a shirt, which I received on the 7th of November, for 5 s. it was pledged by George Barton .

(The shirt produced, and deposed to.)

Prisoner. That shirt was left with me by a person in Kent, a friend of mine; and I wanted money, and pledged the shirt.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. COMMON SERJEANT.

143. ISAAC M'DONALD was indicted for stealing, on the 21st of January , a piece of India muslin, value 1 l. 15 s. the goods of William Coulthard .

JOHN CROUCH sworn.

On the 21st of January, the prisoner at the bar brought a piece of muslin; he wanted to pledge it for a guinea and a half; he said he lived in Lothbury, kept a linen-draper's shop; I wrote the duplicate, and gave my man the money, and told him to go and see if the prisoner lived there; when my man had got his hat, he said, Sir, I will not give you the trouble; I have taken it from Mr. Coulthard's warehouse, where he lived servant; he said he expected some money from the country in the ensuing week, and then he meant to restore it; I sent for his master, and he has left the muslin with me (the muslin produced); there was a letter in his pocket, importing that money would come.

WILLIAM COULTHARD sworn.

The prisoner has lived with me twenty-one months, as errand-boy and warehouse-man ; I know the muslin by the mark G (deposed to the muslin); he never lived in any place in London before mine.

Court. Mr. Crouch, you have acted in this case with much propriety; you merit the thanks of the Court.

(The Jury humbly recommended him ; the prosecutor also wished he might be sent as a soldier to the East-Indies.)

GUILTY. (Aged 17.)

Privately whipped , and discharged.

Tried by the London Jury before Mr. COMMON SERJEANT.

144. NATHANIEL HARRIS was indicted for stealing, on the 30th day of January last, one calico wrapper, value 1 s. three other wrappers, value 20 s. the goods of Hubert Hussey , Jacob Wood , and John Wood .

HUBERT HUSSEY sworn.

I am a warehouseman : on Monday, the 30th of January, I had a suspicion of the prisoner's honesty, and meant to discharge him; he begged I would not; I said, if you will shew me your lodging, and I do not find any property of mine, I shall very much alter my opinion of you; he consented; I went there, and in a room up one pair of stairs found little or nothing; this little child said, there was another room up two pair of stairs; there was a quantity of calico, and three gowns of purple print; there were two boxes, two or three remants of waxed wrappers, and three lawn handkerchiefs; we could not find the key of this room, and so he consented to have it broke open; I said nothing to induce him to confess; we never sell the waxed wrappers; the prisoner was our porter : the prisoner asked for the boxes, and the waxed wrappers, and was refused.

ROBERT ELLWINE sworn.

I went with him to his lodgings; he told us he had only that room, and we went down stairs; when we came there, he opened some drawers, but there was one which was locked up, and he said he could not find the key; his child said her mother had it, and the key of the two pair of stairs; at which he seemed angry, and shook his fistat her; we found two boxes; one was marked; there was in one of them many quires of paper: when he was detected, the prisoner said, for God's sake, Mr. Hussey, interfere, and do not hurt me! I said, you are a damned rascal, you ought to be hanged: he did say that one of the boxes was given him by one of the porters.

Mr. Knapp, Prisoner's Counsel. The printed calico was made up in gowns? - It was.

Did you not say it would be better for him, if he confessed? - I did not; he said there was a box there.

Do not these porters consider these boxes as perquisites? - No.

Did you swear at him before or after? - I don't recollect.

- CROSS sworn.

I am a constable: on Monday Mr. Hussey called, and told me he wanted a constable; I went with him, and found this box, and these things in them (produced); they have been kept at Mr. Hussey's ever since; they were sealed at the Mansion-house.

(The box deposed to, and the contents.)

- JONES sworn.

All I know about the box is, that it is my master's; there is my master's name upon it.

Mr. Knapp. These boxes you consider as perquisites? - We cut them up for firewood, some of them, not all.

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

GUILTY . (Aged 35.)

Transported for seven years .

Tried by the London Jury before Mr. COMMON SERJEANT.

145. RICHARD WARREN was indicted for feloniously stealing, on the 18th of January , 12 lb. weight of printing types, value 5 s. the goods of Henry Reynell .

HENRY REYNELL sworn.

I am a printer ; I live in Piccadilly ; I only prove the property.

THOMAS KING sworn.

I am a servant of Mr. Reynell: on the 18th of January I missed a quantity of type; I waited in a room till the prisoner went from work; I suspected him: after he went from work, I went up stairs, and missed three pieces of printing type; I followed the prisoner into Coventry-street; I told him to come back to the office; and as he went up the steps, I felt his pocket, and he took the type out of his pocket. (Produced, and Reynell deposes to the types.) I marked them, before they were stolen, with a figure of six; I am sure they are Mr. Reynell's property: we asked him if he knew of any more; he said he stole 12 lb. more, and said poverty induced him to do so.

CHARLES MORRIS sworn.

Confirmed the testimony of the last witness.

PRISONER's DEFENCE.

My Lord, Mr. Reynell promised me he would not hurt me if I would confess; I did then tell him of a little more. My Lord, I have a very large family, and have had the palsy several times: I have been in gaol six weeks, and nothing but the bare boards to sleep on, and the gaol allowance.

GUILTY.

( Recommended by the Jury .)

Whipped .

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

146. JOHN RAVENHILL was indicted for feloniously stealing, on the 11th day of February , one pair of leather half-boots, value 3 s. the goods of Baltis Ford .

BALTIS FORD sworn.

I lost a pair of half-boots from behind the door, on the 11th of February, on Saturday:he took them from a nail, and laid them down on a tea-chest, with other goods; he then turned about to the other part of the street, and took his apron off, and came back with his apron under his arm, and lay his apron over the half-boots, as they lay on the chest; then drew them up so, that they could not be seen; I instantly ran after him, and took them from him; it was his own apron: I bought them of a gentleman's servant; I marked them, after he stole them, and gave them to the constable.

A WITNESS sworn.

I am a shoemaker: I was informed that the prisoner was about Mr. Ford's door; I went and saw him take the half-boots off the nail, on Saturday the 11th of this month; I was present when the prosecutor took them from him.

Prisoner. He has took me at a very great nonplus, or I could have brought very good friends to my character; I have 20 l. a year annuity; I could have sent for Alderman Harley: I picked them up in the street.

GUILTY . (Aged 49.)

Publicly whipped , and imprisoned 6 months .

Tried by the second Middlesex Jury before Mr. RECORDER.

147. CATHARINE DUNBAR was indicted for feloniously breaking and entering the dwelling-house of Jane Shann , about the hour of three in the night, no person being therein, and feloniously stealing therein a bed-quilt, value 3 s. three blankets, value 3 s. an iron frying-pan, value 6 d. and one brass candlestick, value 6 d. the goods of the said Jane .

JANE SHANN sworn.

I am a widow ; I live in Pump-court ; the one pair of stairs was broke open the 28th of January, Saturday; I let it to a man and his wife; a furnished room; I keep the whole house; I rent five houses in the yard, and let them out in tenements: they were lost from a house where I do not live myself.

Court. Then it was not taken from your dwelling-house? - No.

All the articles lost were let with the lodgings? - Yes, every article in the indictment.

Who were the lodgers that you had? - Thomas Frampton and Elizabeth Frampton ; they had these things; they were not let to the prisoner; she is a strange woman.

When did you see them last? - Betwixt one and two o'clock on Saturday; I saw Catharine Dunbar going out of the room, and I went up to her, and she had a bundle under her arm, and a frying-pan in her hand; I followed her, and asked her where she was going with these things? I called to Mrs. Frampton, and asked her if she had left the door open; I stopped her, and found three blankets and one bed-quilt, a frying-pan, and a brass candlestick; I can swear they are my property, because I know my own things; the quilt is red on one side, and while on the other; the iron frying-pan had a brass rivet in it; the candlestick has a piece broke out of the top.

Prisoner. The woman told me, when she stopped me that day, that the door was not locked.

ELIZABETH FRAMPTON sworn.

At the time these things were lost, I was out scouring, at next door; Mrs. Shann alarmed me; she said, Mrs. Frampton, you have not locked your door; the things were let to me; I found a quilt, three blankets, an iron frying-pan, and a brass candlestick; they all belong to Mrs. Shann, and they were let to me; the door was double-locked; when I came back, I found the door forced, and wide open; the staple was forced out; I found it afterwards.

DAVID BREWER sworn.

I am a constable: I was sent for, and when I came up to the house, the things were carried up into the room; I took the things into my possession, and examined the room, and carried them to a magistrate; Ihave kept them from that time to this: I now produce them.

(The things produced, and deposed to.)

PRISONER's DEFENCE.

I was coming past, and the woman met me, and gave me these things; I did not know they were stolen; the witness said, she did not lock the door; whether it was, or was not so, I cannot tell; I never was up in the room; the things were given me by a woman that lives in the neighbourhood, and did live there some time back; I am as innocent as a child unborn; I know nothing but that they were given me; my witnesses have been here all day, but they are all gone home; they are working people; I am a very honest woman, and I work very hard.

GUILTY of stealing, but not of the burglary . (Aged 45.)

Tried by the first Middlesex Jury before Mr. RECORDER.

[Fine. See summary.]

[Imprisonment. See summary.]

148. ROBERT JONES was indicted for feloniously stealing, on the 5th of January , one pair of silk stockings, value 12 s. the goods of Richard March , privily in his shop .

FRANCIS UPCOTT sworn.

I am in the service of Richard March , hosier , in the Strand : on Wednesday, the 25th of January, between the hours of seven and eight in the evening, the prisoner at the bar came in, and asked to see some white silk stockings: after shewing him a great variety, he made choice of one pair, which I put by on the counter; he then said he wanted a pair of coloured, and a pair of black likewise: I shewed him the coloured silk stockings; he objected to the price being too high; I told him I would shew him some of a lower price, and turned my back: while I was turning round, I heard the pareels on the counter to stir, by a rustling noise, as if a pair had been taken out; I shewed him the second parcel; he objected to them likewise, as being too dear; he then took up his gloves, and was going towards the door; there is a leaf which lifts up of the counter, just by the door; I lifted up the leaf, went out, took the prisoner by the collar, and accused him of the theft; and at the same time placed him on the opposite side of the shop, against a counter, where no stockings had been opened; he put his left-hand into his left-hand pocket, and drew a pair of silk stockings out, and threw them behind him; and they fell by his right foot, on the floor: he then solicited me very much to let him go; that he was a tradesman: I told him, as it was my duty to protect my master's property, a proper person must go with him: I sent to call for a workman up stairs; I was the only person in the shop at the time the stockings were taken; the workman came down, and I requested him to call a constable; and I kept the man till he came, and gave him and the stockings to the constable; the stockings were the property of Richard March ; he has had them ever since; they were marked with my mark before; they might have been marked two or three days, or two or three weeks; I am sure they were the property of Mr. Richard March : these were not the stockings I put by; they were from another parcel; I am certain they were taken out of the parcel on the counter; I remembered seeing this pair on the counter, when I shewed the stockings to him; I knew them by the mark; I am sure they were in the parcel when he came into the shop; there were more pairs than one in the parcel with my mark, but I know this by the pattern; they were coloured silk without clocks; I have sold some in the shop of the same pattern, but not to the prisoner.

Court. Did you know the number that was in the parcel? - No.

Till he dropped the stockings, was you aware that he had any? - From what he had done, and I saw him in the motion of putting them in his pocket; I believe there was but one pair of that pattern in the parcel.

Suppose you had not suspected any thing, should you have missed these stockings from the parcel? - I don't suppose I should.

Court. Mr. Upcott, I observe these stockings are a very common pattern? - They are a very particular pattern, it has not been made above six weeks.

You said you were sure this pair was there when the prisoner came in; can you venture to swear that these stockings were in the parcel? - I am as positive of it, that those stockings were in the parcel, as that I am in this place now; I knew them by the particular pattern of the stockings, and I swear more positively from hearing the noise of the parcel; I don't swear positively, by the pattern of the stockings, that they were in the parcel, but also by hearing a rustling on the counter.

Upon your suspicions of this man, you went round to a leaf of the counter; and by your own account you carried him to the other side of your shop; what is the width? - About four feet.

Now these stockings were found on the floor? - As close to the opposite counter as possible.

How long might any stockings have been open on that counter? - Three or four hours, but not silk; we never have silk on that side.

Can you venture to swear that there had been no silk opened on that side? - It is merely accidental if any are opened on that side; there was not a single pair opened on that counter at that time.

I would just wish to know, so as to see, with all your accuracy, how he took them out? - I took them up at his feet.

I want to know how you could see so much as this? - There were four candles in the shop.

Will you venture to swear that you saw so accurately? - I have sworn it, and I will abide by the whole course of my evidence.

JAMES TALBOYS sworn.

I produce some stockings given to me by Mr. Upcott, and I have had them in my possession ever since; I received them from Mr. Upcott in the presence of the prisoner Mr. Upcott said that he suspected the prisoner because he heard a rustling on the counter.

(Deposed to.)

Mr. Schoen to Mr. Upcott. Did you examine the number of the parcel? - I did not; I only know they were lost, by my suspicions, and what I saw.

Prisoner. I leave it to my counsel.

A WITNESS examined.

What will become of you, if you swear that which is false? - I shall go to the devil.

How old are you? - I am turned of 15.

(Sworn.)

On the 25th of January last, the prisoner came in about some silk stockings, and Mr. Upcott and he could not agree about the price; and he was going out, and Mr. Upcott took hold of him; I told him he had a pair in his pocket, and he put his hand into his pocket, and took a pair out, and throwed them down by his right foot; Mr. Upcott told me to call a man down stairs; the man came down, and went out for a constable.

Mr. Schoen. Who taught you all this? - I only speak what I saw.

Not the young man that was up last? - No, he did not.

Upcott. I thank you for the compliment.

GUILTY of stealing, but not privately . (Aged 30.)

Tried by the first Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

149. SIMON SAMUEL was indicted for feloniously stealing, on the 23d of January , three pair of silk stockings, value 20 s. the goods of Henry Goldfinch .

RICHARD DUFFIN sworn.

I am apprentice to Mr. Henry Goldfinch , No. 57, Lombard-street ; he lost three pair of silk stockings, Monday the 23d of January,he put his handkerchief over them, between the hours of four and five in the evening; the prisoner came into the shop, and asked to look at some patterns of worsted stockings; I shewed him two pairs, which he objected to, being rather too large: I put them away; he then asked if we had any lady's silk stockings; I informed him we had; he desired me to shew him some; I opened a paper with some; during the time he was singling out these three pair of stockings, he covered with his handkerchief, by lifting it up once or twice, some pairs of stockings, but how many at that time I could not tell; he had singled out three pair, and asked me the price of them; during that time he had covered some silk stockings with his handkerchief; the price I informed him was a guinea and a half the three pair, which he thought too much money; he offered me twenty-seven shillings for the three pair, which I informed him was lower than they could possibly be sold for; not agreeing for the price, I pushed them to the bottom of the counter, excepting those covered with his handkerchief.

Did this covering seem accidental? - It seemed intentional; he had his handkerchief in his hand when he came into the shop: I went to call Mr. Goldfinch round the end of the counter; I had got the cotton stockings down, and laid them on the counter, but had not opened them; they laid immediately behind me: he was going out of the door; I ran to him, laid hold of him by the collar, and brought him back again; a little scuffle ensued, during which he had laid the stockings down on the counter unperceived by me: when I had taken the cotton stockings down, I saw him concealing the silk stockings into his pocket, in the handkerchief; I did not see the stockings, but the handkerchief.

Can you say whether he took up the handkerchief and the stockings together? - Where he had taken the handkerchief up, the counter was quite clear; I am certain of that; the stockings were laid nearly on the same part, but quite in a confused state. I desired him to empty his pockets; but when a constable was sent for, nothing was found upon him but these stockings.

How could they be put down, and you not see it? - It was near five o'clock, and at that time of the year duskish.

Jury. If it was duskish, how could you see the counter was clear? - I am certain there was nothing on the counter: the stockings all belonged to my master.

Mr. Garrow. Tell the Jury how much money was found upon the man. - I do not know exactly.

Had he not considerably more than he had been treating for? - He had certainly.

How far were you from the counter when you had what you call the scuffle? - Nothing like three yards.

A man might turn round; the man had not got out of the shop at all? - I cannot say that.

You cannot tell even that!

HENRY GOLDFINCH sworn.

I searched his pockets, and found nothing; and turning round, I found three pair of silk stockings lying in an unusual manner, as if they had been grasped up; they were white silk stockings, my property; I saw the prisoner had three or four guineas, and some silver, about him.

PRISONER's DEFENCE.

My Lord, and Gentlemen of the Jury; I had an occasion to do some particular business, and also being in want of some stockings, I went into the prosecutor's shop, and asked the shopman to shew me three pair of silk stockings; I asked the price of them; the shopman told me the price was 30 s. I examined the stockings very carefully, and found them rather slight, and not worth that money; I then offered him 27 s. which he refused, alledging he could not take less than 30 s. which was the price: on which he said he would shew me some inferior and lower quality, which I refused, and then stood by the counter, and took my pocket-handkerchief out of my pocket, and afterwards put the handkerchief into my pocket, and then I buttoned up my coat,with my stick in my hand, and walked five yards from the counter, and wished the shopman a good day: I was near out of the door, when the shopman called two more out of a room, and charged me with stealing the stockings; on which I was searched by them, but no stockings found on me at all, nor any thing else, saving cash to the amount of five guineas, and some silver; on which the shopman turned round and said, I see the stockings on the counter; all this happened on the 24th of January last, about four o'clock: these circumstances of my case I humbly offer to my Lord and the Jury, and I am entirely innocent of the charge against me.

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

The Jury withdrew for about two hours, and returned with a verdict,

GUILTY. (Aged 40.)

( Recommended by the Jury .)

Tried by the London Jury before Mr. RECORDER.

[Imprisonment. See summary.]

150. PHEBE HORN was indicted for feloniously stealing, on the 4th of November , four linen shirts, value 18 s. the goods of Peter Addison .

PETER ADDISON sworn.

I am a journeyman hair-dresser ; I am a lodger; I lost four linen shirts from my lodgings, No. 13, Tash-street, Gray's-inn-lane , in November, I believe; the first was on the 4th; the woman was a stranger to me; she and her husband called to let me know my child was well in the country; I believe this was on the 2d of November; my child was in the country; my wife employed her to wash for me; after that, I told her she might come and see what was wanted to do, and I would give her her victuals for it: she had a fit, and frightened my wife, and went away one Saturday night; and the next time my wife went to wash, she missed four shirts; this was on the 12th of December: I found them at the pawnbroker's: he is here.

Mrs. ADDISON sworn.

I missed my linen when I went to sort it out of the foul-clothes bag.

A WITNESS sworn.

I am a pawnbroker: I produce four shirts, pawned by the prisoner at the bar, at different times; I have not the least doubt of the woman.

(The shirts deposed to, one of them having a mourning frill, and having one of the button-holes sewed up, and a button set upon it.)

PRISONER's DEFENCE.

I was very much distressed when I came to London, and I went to Mr. Addison's to help her to wash, and she lent me the shirts to pawn; and because I did not get them out against the time, she did this from spite: I was very poor; my husband had but six shillings a week.

Court to Mrs. Addison. Had you ever any quarrel with this woman? - Never in my life.

Did you ever give her any shirts to pawn? - Never in my life, upon my oath.

GUILTY . (Aged 24.)

Tried by the second Middlesex Jury before Mr. RECORDER.

[Imprisonment. See summary.]

151. JAMES KENNY was indicted for feloniously making an assault, on the King's highway, on William Lording , on the 12th of February , and feloniously taking from his person, and against his will, one hat, value 6 d. and four shillings in money, the goods and monies of the said William Lording .

WILLIAM LORDING sworn.

Last Sunday evening (I draw beer at the Royal Oak, Newport-Market ) I went outto Hungerford-market, and I spent the evening there; I stopped there and had some supper, and staid till it was pretty late, and I made it my way through Drury-lane; I was sober; I went into some public-house and called for a pint of beer; this man followed me in; he was quite a stranger to me; I drank part of the pint of beer, as much as I liked, and offered the prisoner the remainder; and then two other fellows came in, and sat in the same box, and called for a pot of beer; I put my hand into my pocket and pulled out five or six shillings and some halfpence, and gave the landlord a shilling; he took for their pot and my pint, and gave me sixpence three-farthings; I was not satisfied; they said I should do it, and they would strike me if I did not; I had never seen the people before; rather than be struck, I paid; they did not strike me in the house; I was threatened, I cannot say by whom; with that, I went out, it was now after twelve, and walked up to the top of Drury-lane, through Broad St. Giles's, into the coach-yard; the Hampshire-hog yard is the common name; then the three gathered about me, and knocked me down; the same men as were in the public-house; the prisoner struck me first in the face with his fist, and took my hat; there are lamps in that yard; I fell to the ground, and I put my hand into my pocket; the others struck me at the same time, they struck me on my head; I was quite knocked down to the ground; this man forced his hand into my pocket when I was on the ground; I halloo'd out murder! as loud as I could; he then took his hand out of my pocket, and I got up; and he said I had got more; I then run through the yard as fast as I could into Church-street, where I lodged; the three ran after me the second time, and I halloo'd murder! all along the street; they came up, and knocked me down again; the prisoner forced his hand a second time into my pocket; with that, the watchman coming up, he turned off, as if nothing was the matter, and the watchman brought him to me; my eyes were never off from him; the watchman's name is Conway; I missed four shillings and some halfpence, in all, and my hat; I missed my hat the first time I was robbed; the prisoner at the bar took my hat off, as if he was throwing it to others, before he struck me; I never recovered my money; I am very sure that he is the very same man; I am an Irishman; I have lived five months in the public-house in Newport-market, but I am now out of place, and have been a fortnight last Tuesday; his name was John Webley that I lived with; I slept in that house while I lived there.

JOHN CONWAY sworn.

I am a watchman: I was sitting in my box, after twelve o'clock last Sunday night, the far end of Berkeley-street, St. Giles's; I heard people running towards the box; I looked out, and thought there were but two; I got up, and took my lanthorn; I heard murder called out, and I heard a man tumble down; I then went out, and asked the prisoner at the bar what was the matter (I did not see the man down); he said, I don't know, I heard nothing; he carried me along to the man; says he, that is the man that robbed me of my hat, and a shilling I just now had in my pocket; and he went to strike him: says I, you must not strike him; he is now my prisoner: the prosecutor appeared to be sober, but frighted, by the people pursuing him: it was a dry night; his clothes did not appear dirty; but I saw next day that his eye was black at the office: says I, you must go with me to the watch-house; and going along, the prosecutor put his hand into his pocket, and says he, he robbed me of 5 s. I carried him to the watch-house, and he gave charge; and the prosecutor began to cry like a child, because of losing his money and hat; the prisoner said to the prosecutor, when he came up to him, Is that your hat? No, says he, for you threw it to the other fellows: he said at the watch-house he could not tell whether it was four or five shillings exactly; the prisoner said he had no money about him; I did not search him, nor see him searched.

JAMES BRYAN sworn.

I am a labouring man: I was standing at my own door, Church-street, St. Giles's, between twelve and one, Sunday night last; I saw three men about the prosecutor; I did not see him on the ground; I heard him crying murder, and the watchman ran out of his box, and two made off, and the prisoner made up towards me, as I ran across the street; he seeing me, made back, and fell into the hands of the watchman; I don't know what became of the others; I came up to the watchman, and told him he was one of the men; I saw him making off, after murder was cried, but I did not see him about the man.

VALENTINE LUMBLY sworn.

I am watch-house-keeper of St. Giles's; I was at the watch-house; the prisoner was brought before one o'clock; the prosecutor came with him, and said he had robbed him of his hat and four shillings; that he had been knocked down, and beat a good deal, by three men; he appeared a good deal beat; I examined the prisoner, and to the best of my knowledge he had a shilling and some halfpence; the prosecutor did not own the shilling, he did not see it; I gave it to him again.

Prisoner. I was not searched in the watch-house; I had only three-pennyworth.

Lumbly. He was searched, upon my oath.

Prisoner. That is as false as can be sworn.

Court to Prosecutor. Do you know what the reward is in this case? - They told me I should be fined 40 l. if I did not attend, and be put in gaol; and that I should be paid back my expences, if I did attend; that is the whole.

Did you never hear of 40 l. reward from the officers? - No, never.

PRISONER's DEFENCE.

I met this man in the street, and he spoke to me first, and he asked me then if I would go and take a share of a pint of beer with him; I told him I did not know him; he said he knew my face very well, but he could not recollect where; then I told him I would go with him, and he brought me into a house in the Coal-yard, Drury-lane, and he called for a pot of beer; in the course of the time, these two young men came in, that he has spoke of, and they sat down in another seat, almost opposite where we sat, and this young man asked them if they would not join us company; they said they had no objection; we all sat down in one seat together, and we had two pots more of beer, besides the first pot; and after that we all went out of the house together; these young men I bid good night, and went away from them; just as I parted from them, they called me back again, and asked me if I would come further with them, and drink more; I told them I would not, I wanted to go home; they said I should go; I said I would not; so one of the young men took my hat off, and went away towards this man; and I followed them, to get my hat; and when I came up to this man, they put my hat on my head again; I turned about to go from them the second time, and as soon as I turned about they knocked that man down.

Where was this?

Prisoner. In the coach-yard: he cried out; they ran away from him, and I went up towards him: when I came up towards him, he said, you was one of the men that were with them that knocked me down; says he, I will call the watchman; so he called the watchman; and that gentleman there was standing at his own door, and he came over; this was in the coach-yard; then the watchman came up, and this gentleman came over from his own door; and the watchman came up and had me; and when he came up to the man, he asked him whether I was one of the men; he said I was; and he stretched his hand across the watchman's arm, and struck me; the watchman asked him how much he had lost; he said one shilling; and when he came to the watch-house he said he had lost five shillings.

Court to Watchman. You took him in Church-street? - I did: this coach-yard is a thoroughfare from Broad St. Giles's toChurch-street, and some other places; there is a dark passage going through.

GUILTY , Death . (Aged 18.)

Tried by the second Middlesex Jury before Mr. RECORDER.

152. EDWARD M'CARTNEY and THOMAS GALWIN were indicted for feloniously stealing, on the 31st of January last, one silver table spoon, one ditto desert spoon, and two ditto tea spoons, value 10 s. the goods of Thomas Lewis , Esq .

MICHAEL WATTS sworn.

I am footman to Mr. Lewis; he lives in Gower-street, Bedford-square ; the spoons were lost on Tuesday the 31st of January; I was going to put my shirt on in the back-room, and I heard somebody come in at the kitchen-door; I put on my waistcoat; I saw Thomas Galwin , and I asked him what he wanted; he asked whether there were any plasterers at work; I said, no; he asked if it was not No. 36; I said, no, and turned him up the area steps; my mistress saw him, and asked who he was; she said he was a thief, and ordered me to take care; I looked in the kitchen, and missed an old spoon; I went out and found my brother, and then we went into the fields, and saw the prisoners near the Duke of Bolton's; we ran after them, and took them in Southampton-row; I did not see M'Cartney till they were near the Duke of Bolton's; we searched him, and he had the spoons upon him; one is a table-spoon, the other is a desert-spoon (produced); they are Mr. Lewis's spoons; I am sure of it: he said that a man gave them to him.

WILLIAM WATTS sworn.

I am brother to the last witness; I was coming from the stable, and met my brother; he told me there had been thieves in the kitchen, and I asked him which way they were gone; I pursued them, and took M'Cartney; I searched him, and found two spoons; we brought them back; my brother said, as we have got the property, we may as well let them go; so away they went; and one of the maids then came up the area steps, and said we have lost two tea-spoons; I then called out, stop thief! and they were stopped again, and taken to the watch-house.

JAMES WEBB sworn.

I keep a green-stall: on the 31st of January, about ten o'clock, I heard the cry of stop thief! I stood by my stall, and saw M'Cartney turn round; I said, stop; I catched him by the collar; there were several people after him; I put my hand into his left-hand breeches pocket; there I found two silver tea-spoons, and a knife; he said a tall man in a green coat had given them to him; I took him before Sir Laurence Cox .

(Two tea-spoons produced.)

Michael Watts . They are my master's spoons, they are in daily use; I had seen them in the morning; one of them is marked T. L.

PRISONER GALWIN's DEFENCE.

Please you, my Lord, as I was going up Gower-street, I met a plasterer; I asked him for a job; he said I might go to No. 36, that the house was white-washing; I went there, and saw this gentleman; I met M'Cartney in Southampton-row.

Prisoner M'Cartney. This boy gave me the spoons.

THOMAS GALWIN , (Aged 14,)

GUILTY .

EDWARD M'CARTNEY, NOT GUILTY .

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

[Transportation. See summary.]

153. JOHN TOMLINSON was indicted for uttering, on the 31st of January , a counterfeit shilling, to William Moore .

Second Count, For having in his custody and possession another counterfeit shilling, against the statute.

WILLIAM MOORE sworn.

I am a shopman of Messrs. Blyth, Aldersgate-street : on the 31st of January, the prisoner at the bar came to the shop, about seven in the evening; he addressed himself to me, and desired to see some linen for shirts, and he paid me down 7 s. I immediately knew them to be bad money; I shewed the money to Messrs. Blyth, and then sent for a constable; when the constable came, I asked him how he came by this money; he told me he had it in change for half-a-guinea; the constable searched him, every part, and at last he found three shillings, and two sixpences, in his mouth; I saw them taken out; I wrapped the seven shillings in one paper, and the three shillings and two sixpences in another, and delivered them to the constable.

Jury. Had he any other monies about him? - None.

LAZARUS JACOBS sworn.

I am a constable: I searched the prisoner on the 3d of January, about seven in the evening; I asked the prisoner if he offered these shillings, and searched him, and asked him if he had any more about him; he said no; I found nothing in his pockets, but I observed something the matter with his mouth, and I told him to open his mouth, and he put out three shillings and two sixpences; I took them, and put them separate in a paper, and have kept them ever since. (Produced.) I produce also the seven shillings I took off the counter: they all appear to be bad.

JOHN CLARKE sworn.

I have attended on this business twenty-three years; these seven shillings are all bad, most of them of the same manufactory: these three shillings and two sixpences are counterfeit likewise.

Prisoner. I leave it with the gentlemen of the Jury to do just as they please: I have got two or three witnesses.

JOHN THRUM sworn.

I am a master butcher: I don't know what business he is now; he lived with me two years ago; then he was an honest lad, to the best of my knowledge.

GUILTY on both Counts.

Tried by the London Jury before Mr. RECORDER.

[Imprisonment. See summary.]

154. DAVID JONES was indicted for feloniously stealing, on the 24th day of January last, two pounds and eleven ounces of pewter, called plate metal, value 14 d. the goods of Henry and Richard Joseph .

- BREDALL sworn.

I am foreman to the prosecutors; they are pewterer s; the prisoner was an out-door labourer ; I did not see him take the property; it was missed the 20th of January, last Friday, a little after eight in the evening; I was informed he came down directly, and went through the shop to go home; I ordered him to be called back; he denied having any metal; I told him he should be searched; he then put his hand into his pocket, and gave me a piece of metal, two pounds and eleven ounces; the value of it is about 1 s. 9 d. he said he wanted it for his wife's purpose, to hammer leather upon; she is a boot-closer; it is all one piece; it is here; I have kept it part of the time, and the constable has kept it the remainder; it is pewter plate metal.

ROBERT KEMP sworn.

I work journey-work for Mr. Joseph; I saw the prisoner take the metal; I believe he did not know I was in the room; I was concealed by my master's orders.

JOSEPH FOSTER sworn.

I am a constable; I produce the metal; I received it from Bredall, and marked it directly.

Bredall. There is nothing in the house but what belongs to my master.

(The prisoner called four witnesses to his character, three of whom spoke well ofhim, but the fourth said he was dishonest.)

GUILTY . (Aged 47.)

Tried by the London Jury before Mr. RECORDER.

[Imprisonment. See summary.]

155. WALTER WIGGINS and JOSEPH COOK were indicted for feloniously stealing, on the 21st of January , nine saws, two ploughs, twenty-one stocks and bits, and other tools, value 12 guineas , the property of William Bartlet and Thomas Ellis .

JOHN LARVY sworn.

I am apprentice to Messrs. Walkers, carpenters and joiners, at Hampton-Wick : on Saturday, the 21st of January, between the hours of five and six, I left the workshop safe, and left the shop in the usual state, and gave the keys into the house: on Sunday morning, when I came to the yard, about eight o'clock, the labourer Osborne was working, and he saw some glass, and asked me if the window was broke over night; on that we went and opened the shop, and found two chests of Thomas Ellis and William Bartlett 's broke open, two journeymen belonging to my master; the door was open, and propped open by a mallet and chissel; it had been broke open first; we went and called the constable, and my master; we had suspicion of Wiggins and Cook; they were both at the house of William Bartlett , on the Saturday, at Kingston; almost all the men belonging to Messrs. Walker pursued them.

THOMAS OSBORNE sworn.

I am servant to Messrs. Walker; I am a labourer: on the Sunday morning, the 22d of January last, I knocked at my master's door, and asked for the keys of the yard, and went to the stables, and dressed two horses; I perceived a pane and half a pane of glass, and several pieces, broken in the sash-door of the shop; I went to the front door, and there I saw a train of short boards laid, in order to ascend: I tried the lock of the door, and found that fast: while I was looking, the apprentice came in, and he unlocked the lower shop door; and he went up stairs, and there was another, which seemed to be raised open by violence, propped open by the mallet and chissel; and he found the two chests of Thomas Ellis and William Bartlett broke open; and then the apprentice went and informed my master; we informed the men, and there was a pursuit; we all went different roads; I followed to Hounslow for Wiggins, and came up with him at the Bell at Hounslow; I found him in a private house, at the backside of the Bell, at Hounslow, in consequence of an information; there was a basket of tools by him; I asked him if they were his property; he said, yes; then I told him he must go along with me; I did not look into the basket; he got up, and walked quietly with me, and I took the basket and carried it to the rest of my companions, who were with me; the basket and the prisoner all went to Hampton, and were delivered to Blundell the constable, who examined it; the basket was full of tools.

JOHN BLUNDELL sworn.

I am a constable; I produce the tools put into my hands by the last witness; they have been in my possession ever since; they were sealed up at the magistrate's.

WILLIAM BARTLETT sworn.

(Deposed to a ripping saw, hand saw, tenon saw, and all the things in the indictment, and many things more not enumerated). They were all left in my chest on Saturday evening, locked up.

JAMES MACKING sworn.

I pursued the prisoner Cook to Esher, Sunday the 22d, between twelve and one, at the Queen's-head, about six miles from Hampton-Wick; I asked him where he came from; he said, between Richmond and Kingston; I asked him whether there was another young fellow with him in the morning; he said, yes; I asked him where he had parted from him; he said at Hounslow;I asked him what sort of a man, and he said a young fellow with a black velvet cape; I told him I thought he was the man I was after, and told him he was a prisoner of mine; he had no tools with him; I charged a young fellow to take care, while I went for a constable; I went to Mr. Cook's house, and thought I might hear something, and there I found the tools; and I left them there, and went for the constable, Mr. Clayton; and he took the prisoner into custody, and he told me to go for the tools; I did, and brought them to Mr. Clayton's house; and Mr. Clayton asked him if they were his tools; he said, yes: Mr. Clayton took him, and coming by Mrs. Clayton's door, asked Mrs. Cook whether they were all; she said, yes; I left them at Mr. Clayton's.

- CLAYTON sworn.

The tools were delivered to Mr. Walker before the justice.

WILLIAM WALKER sworn.

I produce the tools delivered up to my possession at the justice's: the dove-tail saw I lent to Thomas Ellis .

THOMAS ELLIS sworn.

The things now produced are my property: a plough, hand saw, pannel saw, a sash saw, one plough stock and bits, four mortice chissels, one draw-bore, &c.; they are all mine; the dove-tail saw and the wooden templets are Mr. Walker's; I left them in my chest on Saturday, at dusk.

MARTHA COOK sworn.

On the 22d of January, Sunday morning, about nine o'clock, the prisoner Cook, at the bar, asked for work; my husband is a carpenter ; I promised him work, and he left two baskets of tools; and they were taken away by James Macking .

JOSEPH COOK 's DEFENCE.

I went in with this young man, and he acquainted me that he had some tools in Mr. Walker's shop; and I went with him for these tools, to accompany him, as I had not any tools, and was out of employ; and I accompanied this young man, and he told me that they were his tools, and I had these tools of him; and then afterwards he acquainted me that he had left his tools in the shop, but they were locked up in Mr. Walker's workhouse, or repository, where he kept his tools; at last then I found out that these tools were not his; he gave me the tools; we had them together jointly, on Saturday evening; we did not go there with an intent to take any tools at all, but with an intent to lay there to sleep, as we were out of lodgings, and could not get any at that time.

WALTER WIGGINS 's DEFENCE.

I left Mr. Walker's shop between three and four, on Saturday; I carried my tools to one Mr. Talmarsh, at Kingston; I left my tenon saw there for 3 s. or 4 s. I owed him: Mr. Walker gave me a job, and I was to go to work for him on Monday morning; and I asked Mr. Walker if he would lend me half-a-crown, by leaving my tools there till Monday morning; says he, young man, go over to the King's-arms, and I shall have money when I come to pay my men; going over to the King's-arms, I saw this young man; he asked me what trade I was; I told him I was a joiner and carpenter , and was going to work for Mr. Talmarsh; when he made answer, that he had been with Mr. Talmarsh that morning, and had got a job of my master; he came at night, and said he had not been for a job at all, and told me he was not going to work for him at all; and he sat down, and came into the room where all the journeymen were, and he drank a share of eighteen or twenty pots of beer; when the reckoning was called for, he had no money to pay, and the landlord pushed him out of doors; I helped to push him out myself; I being very much in liquor, this man met with me in the street, and took both my rule and walking-stick from me, and left me, and met with me again as I was going to Kingston-Wick, and asked me where I was going;I told him; I thought my landlord was gone to bed; he told me he had no lodgings, and no money to pay for one; says I, I have got a trifle that my master gave me, I will give you 2 d. to pay for a lodging, and 2 d. to buy a pint of beer; after that, we went into Mr. Bartlett's, the Ship, and drank a pint of beer or two; this was about twelve o'clock, or a little after; and we parted at the Ship; and he met me again in Kingston-Wick, after I had got over the bridge, between twelve and one; I lodged in Kingston-Wick, and I told him my landlord was gone to bed; and when I came to Mr. Walker's gate, I could not get over, I was so much in liquor; Cook, being soberer than I was, got over, and helped me over; I went into the shop, and lay down, not where the tools were missing; and to the best of my knowledge, after we had been there about half an hour, I was rather cold, and Cook asked me how many men Mr. Walker employed; I told him I did not know exactly, I had left him; he said, was there any thing in the shop that I had of my property; I told him no, I had carried Mr. Talmarsh my property, all but one tenon saw, and that Mr. Walker had in his custody for 3 s. or 4 s. that I owed him; he asked me then if there was any thing that was serviceable to me; I told him I did not know of any thing, I had tools enough; and I being in liquor, he inveigled me to help carry the tools away; he gave me the tools over the gate.

Court to Mr. Walker. Had this man worked for you? - He had worked one day in two days; he was not to work for me on Monday.

JOSEPH COOK , (Aged 27,) WALTER WIGGINS , (Aged 18,)

BOTH GUILTY .

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

[Imprisonment. See summary.]

156. ROBERT NORRIS was indicted for that he, in company with John Cooke , on the 27th of December, in the 31st year of his present Majesty's reign , in the parish of Cobham, in the county of Kent , on Robert Lidden , an excise officer of our Lord the King, then on duty in seizing and securing for the use of our Lord the King 17 gallons of foreign spirituous liquors, called geneva, which said spirituous liquors were then liable to be seized by the said Robert Lidden , and that he the said Robert Norris on him the said Robert Lidden , being then and there in the peace of our Lord the King, did make an assault, and did hinder, oppose, and obstruct him in the execution of his duty , against the King's peace, and against the form of the statute.

Two other Counts, charging him with the same offence, only varying the manner of stating the crime.

Mr. Schoen opened the indictment, and Mr. Fielding the case.

WILLIAM RUDD sworn.

(Examined by Mr. Fielding.)

I am an excise officer of Chatham; I was there on the 27th of December, in the year 1790, and I had an information of some goods going along the road: on the 27th of December I called upon Mr. Lidden, to go along with me to Ludgedown upon excise business; in my way thither I was informed that there were some run goods gone by, on asses; I desired him to go with me; when we got to Cobham, we dismounted our horses, to endeavour to trace the foot of an ass, which we did all the way to Norris's house; when I came up near the house, Norris was standing near the stable, with the stable-door open, and an ass standing in the stable; Norris perceiving Mr. Lidden and myself making up towards the stable, shut to the door, and put his back against it; I told Norris we were excise officers, and we wanted to look into his stable, and that I had been informed of his having some run goods; Norris then endeavoured to prevent our going into the stable, and took up a large stick, with which he was going to strike; but I took it from him, and threw it away.

Did he remove at all from the stable-door at the time he took up this stick? - The stick lay close by the stable-door, it fastened the stable-door; we then pulled Norris away from the stable-door, and the door flew open; we went into the stable, and found an ass, and a little horse, very dirty, with saddles on, such as smugglers use, made purposely for the carrying half-ankers; saddles calculated to take a tub, and a sling over; in the corner of the stable we found two half-ankers already slung in the sling; I found they were geneva; I told Norris I would seize them, and he endeavoured to prevent my taking them away; Mr. Lidden then went into the house through a passage, the door being opened; Norris went to the further end of the stable, and took up a pitchfork, and drove it at me; I guarded off the blow and took hold of it, and took it from him; I then carried the half-ankers from the stable into an open yard, from the premises of Norris; Norris went into the house, where Jack was; he came out again, and brought out a gun, which he struck me over the hand with in endeavouring to shoot; he went into the house a second time, and returned soon afterwards with Long Jack, the person he had been asking for; he then brought out a gun and a hanger; Norris brought them both out; the gun he kept in his own hand, and the hanger he gave to John; Norris then put the gun to Mr. Lidden's breast, swearing at the same time he would shoot him, Jack at the same time brandishing his sword over his head.

How near was he to Lidden when he presented this blunderbuss to his breast? - Close, and John at the same time brandishing his sword over his head; Mr. Lidden then took out his pistol, and held it at Norris, and they were both in the same situation for some time, Norris holding the gun at Mr. Lidden, and Mr. Lidden holding his pistol at Norris; I then told Norris, that if he did shoot Lidden, I would instantly shoot him; I then took the half-ankers, and carried them into the lane, the public road, as I had brought them all out of the stable; Mr. Lidden, after some time, retreated backward into the lane from the yard, and Norris all the way continued pointing the gun at his breast; I then went to Norris, seeing Mr. Lidden in that dangerous situation, and told him, if he did not immediately take his gun away, I would shoot him; I then by force took the gun away from him, and threw it into the lane.

Jury. Was the gun charged? - I had not an opportunity to examine it, the prisoner and his wife were throwing stones at me so, to make me lay it down; Mr. Lidden then came and helped me to put the casks up, and then they all three, the prisoner, his wife, and Long Jack, all came and threw a parcel of flint stones at us; Norris kept gathering stones for the other two, while we were loading the horses; Norris or Long Jack, I cannot tell which of them, came and took away one of the half-ankers, and ran away with it; Mr. Lidden then fired his pistol at Norris, but did not hit him.

Court. Did he fire with an intent to hit him? - He said so; we then went to get on horseback, to get away; and they all three, the prisoner, Long Jack, and his wife, came and threw stones at us again; the stones struck us several times; we went on, and the ground goes on a descent, and they continued throwing stones till we were got out of their reach.

How soon after this did you prefer your indictment? - Some time in the next month.

Could you find any thing of the prisoner at that time? - No.

When was he apprehended? - I don't know.

Where did you first see him after this affair happened? - I saw him about six months ago.

Do you happen to know where he was apprehended? - He was apprehended at Gravesend.

Can you identify his person? - I can; I have no doubt.

Mr. Knowlys, Prisoner's Counsel. You had never seen him before that transaction? - No.

Do you know a man of the name of Robert Norris , of Gravesend? - I do not.

You don't know then that a man of the name of Robert Norris , of Gravesend, has absconded himself? - I do not know that.

You saw this man on his being taken up? - I did.

From the time that this assault happened, till he was taken up, you did not see him? - I did not.

Which is about a year? - It is.

Mr. Fielding. You have no doubt at all of his being the person? - I am clear of it.

- LIDDEN sworn.

You are an excise officer? - Yes, I am. When I came up to the stable-door, Norris had put to the door, and put his back against it; we told him our business, and that we were excise officers, and had received some information of some goods on the road, and we had a suspicion they were in there, and we wished to look; he took up a stick, and said we should not; we took the stick from him; we pulled him away from the door, and the door came a little open; we pulled it quite open, and went in, and there were six casks, a jack-ass, and a little horse, and two smugglers saddles, called loading-saddles; we told him that we seized them; he took up a stick, and was going to strike us; I then went into the room adjoining, thinking there might be some more casks, but I saw Long Jack, and I went immediately to my brother officer; he told me that Norris was going to run a pitchfork into him; we then got the tubs out of the stable into an open place, it was a green place that had been a farm-yard; then Norris came from the stable, and went to his wife into the house, and returned again with a gun, and presented it to me, swearing he would shoot us.

How near was the muzzle of the gun to your breast? - He was at a distance then; he then returned, and came out again with Long Jack, Norris with the gun, and Long Jack with the hanger; they both came very close to me, Norris swearing he would shoot me, and Long Jack swearing he would cut me down; I told them it was of no use, it was all in vain, and if they were not quiet I should shoot them immediately; he said I might shoot, and be damned; I presented my pistol; and Mr. Rudd then came and told Norris, if he did not immediately take his gun away, he would shoot him, and presented his pistol; and Mr. Rudd then came behind Norris, and took the gun from him; Norris then returned a little way back, where there were a great many flint stones; and Norris and his wife, and Long Jack, began to throw stones; and a little boy, who I believe was Norris's son, helped his father with the stones, and I was hit in several places; and I was hit in this hand, which made me unable to follow my business for some time; I then shot at Norris; I did not hit him; I aimed at his legs; I thought he would then be quiet.

How long did this last? - I suppose for four or five minutes: we were a long while getting the tubs, and during the time this hand was hurt, and Norris came and tookup one of the casks, and ran into the house with it.

Are you sure it was Norris that ran away with the cask? - I am sure it was Norris: we then got up as well as we could upon the horses, and they followed us on the road; but we rode off pretty fast, and got from them: I saw him several times since, but he was on horseback, in Stroud; but I did not attempt to take him, because I thought it was in vain: I am perfectly clear he is the man.

Mr. Knowlys. You indicted him, we understand, in January? - I believe it was in January.

You had a warrant against him? - In consequence of that we had.

You saw him in Stroud afterwards? - I did; I saw him in Stroud.

Perhaps the Jury know that Stroud is a pretty large place; you gave no alarm when you saw this man? - It is impossible for a man on foot to take another on horseback.

Did you give any alarm? - I did not.

Did you ask any person to go with you after the man, and tell them that he was indicted? - I suppose he thought it was all dropped; and then he would be alarmed.

Is there no such a thing as getting assistance in such a publick town as Stroud? - No; where would he have been while I got assistance.

You did not make any attempt of that sort? - I did not at that time; I had not got the warrant.

Where was the warrant got? - At Gravesend.

There was a Robert Norris at Gravesend? - I don't know.

Do not you know that a man of the name of Robert Norris had absconded on your sending down the warrant? - No.

(Mr. Knowlys addressed the Jury on the part of the Defendant.)

GUILTY . (Aged 42.)

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

[Imprisonment. See summary.]

Mary Smith and Mary Thompson , who were under orders for Transportation, were put to the bar, and the former ordered to be imprisoned Seven Months , the latter Six Months .

The following Convicts (Respites) were put to the Bar, and informed that his Majesty had been graciously pleased to extend to them his Royal Mercy, on condition of their being transported during the Term of their natural Lives.

John Herbert

John Simpson

Thomas Jones (Refused)

Thomas Playter

Thomas Colliss

Benjamin Coleman, alias Coburne

Francis Sennett

George Clarke

Benjamin Carver

William Underwood, alias Whitaker

Samuel Young

William Walker

William Davis, alias Robert Hudson

Elizabeth Powell

John Chilton

William Malen

John Austin

James Cluer

William Foot

N. B. Jones, on the usual question,

"Will you accept of his Majesty's mercy, on condition of being transported for the term of your natural life?" refused, and declared he would rather die than go to sea to be starved to death; hereupon Mr. Recorder cautioned the prisoner, and advised a speedy alteration of his obstinate resolve; by observing to him, that he might expect a speedy execution of his former sentence, if he persisted in his obstinacy. He was taken from the bar, and brought up after the business of the Court was settled; he still continuing obstinate, was remanded to his former sentence, and to be confined in a solitary cell.

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

Received Sentence of Death, 7, viz.

Baker William - 125

Gillthorpe James - 112

Hardy Esther Jane - 107

Kenny James - 151

Lewis John - 113

Pearce Robert, alias Arnold - 113

Wiltshire Charles - 112

To be Transported for Seven Years, 23, viz.

Abrahams George - 121

Alford Richard - 110

Barton Thomas - 126, 142

Burke Andrew - 120

Collin William - 141

Doudle John - 108

Duff William - 122

Glassby William - 109

Galwin Thomas - 152

Harris Nathaniel - 144

Jackson Henry - 115

Jones Robert - 148

M'Leane James - 132

Nelson Richard - 116

Nicholls William - 138

Nicklin William - 118

Pendall William - 109

Shaw Shadrach - 136

Vaughan Edward - 138

Vinney George - 108

Watts William - 140

Whitmore Robert - 109

Wilson Thomas - 124

To be imprisoned 18 Months, 1, viz.

Robert Norris .

To be imprisoned Twelve Months, 9, viz.

Simon Samuel , John Tomlinson , David Jones , Phebe Horn , Joseph Cooke , Walter Wiggins , Catherine Dunbar (fined 1 s.), Elizabeth Bates (fined 1 s.), Mary Patten (fined 1 s.).

To be imprisoned Six Months, 3, viz.

Robert Ayres (fined 1 s.), Thomas Harrod , John Ravenhill .

To be imprisoned One Month, 1, viz.

Sarah Pearce (fined 1 s.)

To be imprisoned One Week, 1, viz.

William Smith .

To be Whipped, 11, viz.

Richard Warren , Peter Millar , Thomas Price , Thomas Wyatt , Edward Moulton , Thomas West , George Harris , John Simmons , David Jones , William Smith , John Ravenhill .

Mary Smith and Mary Thompson , who were under orders for Transportation, were put to the bar, and the former ordered to be imprisoned Seven Months , the latter Six Months .

The following Convicts (Respites) were put to the Bar, and informed that his Majesty had been graciously pleased to extend to them his Royal Mercy, on condition of their being transported during the Term of their natural Lives.

John Herbert

John Simpson

Thomas Jones (Refused)

Thomas Playter

Thomas Colliss

Benjamin Coleman, alias Coburne

Francis Sennett

George Clarke

Benjamin Carver

William Underwood, alias Whitaker

Samuel Young

William Walker

William Davis, alias Robert Hudson

Elizabeth Powell

John Chilton

William Malen

John Austin

James Cluer

William Foot

N. B. Jones, on the usual question,

"Will you accept of his Majesty's mercy, on condition of being transported for the term of your natural life?" refused, and declared he would rather die than go to sea to be starved to death; hereupon Mr. Recorder cautioned the prisoner, and advised a speedy alteration of his obstinate resolve; by observing to him, that he might expect a speedy execution of his former sentence, if he persisted in his obstinacy. He was taken from the bar, and brought up after the business of the Court was settled; he still continuing obstinate, was remanded to his former sentence, and to be confined in a solitary cell.